AB-1113: Scope of Practice--Diagnostic Authority
[Assemblymember Leland Yee (District 12--San Francisco)]

AIMS Position: SUPPORT

Bill Status: VETOED by Governor.

On Friday, October 7, 2005, Governor Schwarzenegger vetoed this bill, stating:

As worded, this bill would authorize a licensed acupuncturist to diagnose within his or her own scope of practice. The term “scope of practice” is vague and leaves room for interpretation. I would consider signing a bill that authorizes an acupuncturist to diagnose specifically for the purpose of providing acupuncture treatment.

This bill would have include in the definition of acupuncture the diagnosis of a person "within scope of practice."

The profession's current scope of practice is silent on the issue of diagnosis. Some legislators--including Senator Liz Figueroa's Joint Committee on Boards, Commissions, and Consumer Protection--have narrowly interpreted this to mean that Licensed Acupuncturists do not currently have the authority to diagnose disease. The prevailing legal opinion by the Department of Consumer Affairs is that Licensed Acupuncturists are currently authorized to diagnose disease.

While AIMS had concerns about he vague language in this bill, we supported it.

For details, visit...

http://www.leginfo.ca.gov/cgi-bin/postquery?bill_number=ab_1113&sess=CUR