CA Laws & Regs Flashcards
Acupuncture Scope of Practice includes controlled substances and synthetic compounds (T/F)
False
The Five Branches of Acupuncture:
Acupuncture - includes: moxa, cupping, e-stim
Herbs - Plants, Animal, Mineral substances; Recommendation of Dietary Supps
Nutrition/ Diet
Massage - Asian Massage, Acupressure, Tui Na
Gentle Exercise/ Qigong - breathing technique
Misc: hot/ cold therapy, magnets
What is the highest priority of the California Acupuncture Board?
Protection of the Public
(Not the Profession)
The term of a California Acupuncture Board member lasts how long?
4 years
How many California Board Members are there?
Include ratio of L.Ac to non-L.Ac
7 Total
3 L.Acs appointed by governor
4 non-L.Ac, 2 approved by governor, 1 Speaker of Assembly, 1 Senate Rules Committee
All gubernatorial appts are confirmed by the Senate
In order for a decision to be reached among the Board or for any meeting/ proceedings to be valid, what is the quorum that must be met?
4, including 1 L.Ac
All of the following are requirements for licensure in CA except:
A. A Bachelor’s Degree from an accredited college or university
B. 18+ years old
C. Completion of recognized acupuncture educational/training program + clinical internship training approved by the Board
D. Pass the written exam
A. Bachelor’s Degree from an accredited college or university
Found in Article II Section 4938 of California Laws and Regs
An out-of-state acupuncturist can practice for how long in California and under what stipulations?
< 6 Months
Only at lectures, clinics, demonstations; cannot take private patients
Licenses must be renewed every _ and expire on the _ day of the birth month of the licensee?
Two years
Licenses expire on the last day of the birth month of the licensee
Which of these license fees is correct?
A. Application - $50
B. Initial License - $350
C. Duplicate - $15
D. Unpaid Renewal Fee - $325
C. Duplicate Fee - $15
Application Fee - $75
Initial License & Renewal Fee - $325
Duplicate Fee - $15
Lapsed renewal (> 3 years after expiration) - $325 + $25 = $350
One has how many days post-exam to apply for license?
30 days
You have how long to notify the California Acupuncture Board of a change of address?
30 days
An applicant for licensure whose application has been denied has how long to file an appeal to the Board?
Appeals must be a request in writing to have the Board further evaluate their application
15 calendar days
If one’s licenses has lapsed (expired for 3+ years), what is required upon request for renewal of license?
$350 ($325 renewal fee + $25)
Applicants must retake and pass the the written exam
Practicing without a license is what level of criminal charge?
Misdemeanor
The fine for practicing without a license ranges from ($ amount) and may include a prison sentence of how long?
$100 - $2500
< 1 year imprisonment
The two exceptions to the practicing without a license unlawful practice are?
1) An unlicensed person can administer acu Tx as part of their educational/ clinical training
2) A graduate [of an acupuncture education/ clinical program] is participating in a post-graduate review course
A person whose license or registration was revoked or surrendered must wait how long before petitioning the Board for reinstatement [of licensure]?
At least three years [from the effective date of the decision ordering disciplinary action]
A person who has been placed on a 3+ year probation must wait how long before petitioning early termination of probation?
At least two years since effective date of decision ordering said disciplinary action
A person placed on a 3+ year probation must wait how long before requesting a modification of the conditions of their probation?
At least two years from the effective date of decision ordering disciplinary action
A person placed on a probationary period of less than 3 years must wait how long before requesting an early termination of probation?
At least one year from effective date of decision ordering disciplinary action
Which of the following is an acceptable Display of License in a place of practice?
A. Photocopied licenses for every room in which a licensee practices
B. One main license for a licensee’s primary place of work, as well as, photocopied licenses for secondary places of work
C. Wallet licenses for the licensee to have with them at all times and able to be presented upon request
D. Duplicate licenses at every establishment of practice displayed in a conspicuous location at all times
D. Duplicate licenses at every establishment of practice displayed in a conspicuous location at all times
How many hours and how often are licensees required to take Continuing Education (CE) units in California?
50 Hours every 2 years
What is the limit of how many CE hours can be for non-clinical matters?
5 hour limit in each two year period
How long should a licensee store proof of completion of a CEU?
4 years
When renewing an initial license that has been issued for less than two years and with the exception of those holding an inactive license, how many hours of CEU are required for a 13-16 month period of initial licensure?
35 hours
When renewing an initial license that has been issued for less than two years and with the exception of those holding an inactive license, how many hours of CEU are required for a 17-20 month period of initial licensure?
40 hours
When renewing an initial license that has been issued for less than two years and with the exception of those holding an inactive license, how many hours of CEU are required for a 21-23 month period of initial licensure?
45 hours
To restore a license that has been inactive for 2+ years to an active one, how many hours of CE need to have been completed?
50 hours
in addition to an Active/ Inactive License Application
To restore a license that has been inactive for < 2 years to an active one, how many hours of CE need to have been completed?
25 hours
in addition to an Active/ Inactive License Application
Brush-scrub hand washing with soap and water is required:
A. Immediately before examining a patient
B. Before handling acupuncture needles and other instruments
C. Between patients
D. All of the Above
D. All of the Above
This is as per CA Laws and Regs Article 5. Section 1399.451a
In the event that a needle breaks in a patient subcutaneously, the acupuncturist must
Consult a physician
May not penetrate or sever skin to excise needle
Hypodermic Needles are within the scope of practice of an acupuncturist (T/F)
False
Hypodermic needles are hollow tubes with a pointy tube used in syringes, for injections or blood draw, etc.
Records for each patient must be
Accurate, complete including treatments given and progress made
An acupuncturist may use a needle more than once on the same patient
Acupuncturists must use needles labeled single-use only, thus it is considered unprofessional conduct for an acupuncturist to use a needle more than once
Acupuncturists may not advertise all of the following except:
A. Excessive or unnecessary uses of Chinese medicine services
B. Usage of the title of Doctor, even with an appropriate degree
C. The ability to cure any type of disease, symptom, or condition
D. Actions outside of the scope of practice of an acupuncturist
B. Usage of the title of Doctor, even with an appropriate degree
An acupuncturist may refer to themselves as a Doctor as long as they possess a license or degree from an accredited, approved, or authorized educational institution in acupuncture, Oriental medicine, biological science or otherwise related to the authorized practice of an acupuncturist.
Define “abandonment”
Unprofessional conduct, in which the practitioner discontinues services without notifying the patient and before the patient can begin seeing another practitioner.
In the event of terminating a relationship with a patient, what steps are most important?
- Written intent to stop treatment
- Give 30 days notice and assist in transitioning them to a practitioner better suited for their needs
- Have medical records ready to fax to new practitioner
Don’t terminate if care is still necessary
If practitioner is leaving temporarily, such as on vacation, they must notify as such via voicemail or vacation mode on emails and refer to the covering practitioner. They should also include a “if this is a medical emergency, please hang up and call 911” disclaimer.
According to the standards of practice detailed in Regulations set forth by the California Acupuncture Board, every acupuncture office must:
A. Have an accessible bathroom facility
B. Have the license of the practitioner on display in a conspicuous area of the clinic
C. Be wheelchair accessible
D. A&C
E. A&B
E. A&B
Informed consent must be _ by the patient
Signed and Dated
By signing, the patient demonstrates that they understand the nature of the procedure(s), alternatives, risks, consequences
How long must a practitioner keep medical records?
7-10 years
If a practitioner has direct knowledge or has directly witnessed child abuse, they must follow what two steps?
- Report immediately by phone
- Written statement within 36 hours
A practitioner should handle suspected child abuse by
Directing their suspicions to the police department
If a practitioner witnesses elder abuse at a long-term care facility, they must:
A. Report to local ombudsman or law enforcement agency
B. Report to investigators of State Dept. of Health, State Dept. of Developmental Services, or local law enforcement
C. Report to Adult Protective Services Agency or local law enforcement
D. Report to local law enforcement only
A. Report to local ombudsman or law enforcement agency
Must report immediately by phone + provide a written statement within two business days
If a practitioner witnesses elder abuse at a state mental hospital/ developmental center, they must:
A. Report to local ombudsman or law enforcement agency
B. Report to investigators of State Dept. of Health, State Dept. of Developmental Services, or local law enforcement
C. Report to Adult Protective Services Agency or local law enforcement
D. Report to local law enforcement only
B. Report to investigators of State DoH, State Dept. of Developmental Services, or local law enforcement
Must report immediately by phone + provide a written statement within two business days
If a practitioner has knowledge of or witnesses elder abuse anywhere aside from a long-term care facility or state mental hospital/ developmental center, they must:
A. Report to local ombudsman or law enforcement agency
B. Report to investigators of State Dept. of Health, State Dept. of Developmental Services, or local law enforcement
C. Report to Adult Protective Services Agency or local law enforcement
D. Report to local law enforcement only
C. Report to Adult Protective Services Agency or local law enforcement
Must report immediately by phone + provide a written statement within two business days
To ensure workstation and device security in accordance with HIPAA, practitioners should:
Keep devices separated from general work area and password protected to allow specific employees access to ePHI/ EHR and to prevent unauthorized personnel from accessing
Three common types of fraud for acupuncturists
- Insurance Fraud
- Fraudulent Charting
- Fraudulently obtaining a license
Notice of privacy practices must be provided to the patient when?
At the first appointment
Negligence can be described as:
A departure from the standard of care, in which the acupuncturist acted in a way that other reasonably careful acupuncturists would not
3 exceptions when confidentiality between a practitioner and patient must be broken
1) A patient is a threat to themselves or others
2) A crime is involved
3) (In California) D-V cases to ensure that the victim-survivor is able to be safe from their aggressor
Minors in California need parental consent for all of the following except:
A. Birth Control
B. Substance Use
C. Mental Health Services
D. All of these need parental consent
E. None of these need parental consent
E. None of these require parental consent and can actually be granted to minors as young as 12 years old
What does PAR-Q stand for?
Procedure
Alternatives
Risks
Questioning/Query
Patients have a right to demand amendments to health information (T/F)
False
It is acceptable to break confidentiality if police personnel are questioning a patient’s condition (T/F)
False
FTP.
How many hours of didactic and laboratory training is required to qualify for the licensing exam?
2050 hours
How many hours of documented supervised clinical training is required to sit for the Licensing Exam?
950 hours
Wall licenses are required to display all of the following EXCEPT:
A. Address of the location
B. Date of license expiration
C. Licensee’s Alma Mater
D. License Number
C. Licensee’s Alma Mater
EACH LOCATION OF PRACTICE MUST HAVE A UNIQUE LICENSE Effective January 1, 2021
If a licensee moves locations or closes a place of practice, what are they required to do with their wall license?
1) Cancel wall license online w/i 30 days
2) Return the license to the Board
If a complaint has been lodged against an acupuncturist, they may continue to practice pending the Board’s formal action as long as they are in compliance with all other requirements. (T/F)
True
It may take two years from the time the complaint is received by the Board to the time a final decision is rendered.
Even if formal administrative disciplinary action is taken against the acupuncturist, until the Board takes formal action to suspend, revoke, request surrender of the license, the Licensee may continue to practice as long as they remain compliant with all other requirements.
If given the opportunity, the Deputy Atty. General may lean in the direction of reaching a _ to eliminate the need for a costly administrative hearing?
Negotiated Settlement
The Board may opt to issue a _ or _ in lieu for filing a formal accusation.
A. Negotiated Settlement; Stipulated Settlement
B. Negotiated Settlement; Formal Letter of Reprimand
C. Stipulated Settlement; Cite and Fine Order
D. Formal Letter of Reprimand; Cite and Fine Order
D. Formal Letter of Reprimand; Cite and Fine Order
Cite and Fine Order = citation and which requires payment of a monetary fine, rather than suspension
Both a formal letter of reprimand or cite and fine order may include a probationary period
If a patient requests to amend their medical record, the medical practice is required to respond within what time time as per HIPAA regulation?
60 days
THIS refers to the process of confirming that a patient has received notice of a healthcare provider’s privacy policies and procedures, and understands their rights related to their PHI.
THIS is the process by which a patient grants permission for their PHI to be used or disclosed for a specific purpose, and typically requires a written document signed by the patient.
THIS, on the other hand, refers to the release, transfer, or sharing of PHI with another party, and is typically governed by federal and state laws and regulations.
Acknowledgement
Authorization
Disclosure
What percentage of CEs may be completed through distance education?
50% (25 CEUs)
A person shall register for a license within how many days after obtaining licensure?
30 days
Licenses must display what?
1) Address of location
2) Date of license expiration
3) Unique license number
Acupuncturists may only file their clinic under what kind of business entity?
S-Corp
C-Corp
Acupuncturists can only file as a professional corporation
What counts as acceptable documentation to provide proof of a legal name change?
- Copies of a marriage certificate
- Divorce decree
- Legal name change
- Passport
- Naturalization papers
DRIVER’S LICENSES ARE NOT ACCEPTABLE
When does information of a complaint/ investigation become public record?
Once allegations are confirmed and the case has been submitted to the Office of the Atty. General
If an allegation is made against an acupuncturist, the complainant will be notified of formal investigation within what approximate time frame?
Two to Four Weeks
How much are the initial license fee and the biennial renewal fee?
$500 each
Define “Covered Entity” (CE) within the context of HIPAA
Health plan, health care clearinghouse, or healthcare provider who transmits any electronic health information in connection with a transaction covered by HITECH
Define “Privacy” within the context of HIPAA
Limits use or disclosure of PHI and gives individuals the right to see and obtain copies of their health records, request amendments or their records, and learn details of certain disclosures of their record
What is the only reason to save ePHI on a removable drive?
There is no reason to save ePHI on a removable drive unless it is for a patient who specifically requested the ePHI be in that format
PHI can only be shared with authorized parties if the the patient gives what?
Written Consent
If a practitioner wanted to share PHI with their colleagues for educational purposes, what conditions must be followed
Must remove all identifying information
If medical records are subpoenaed by court and the subpoena is signed by a judge, how long does the practitioner have from the day the subpoena is received, to provide the court with records?
15 days
Failure to provide courts with medical records within 15 days of a subpoena for medical records results in what penalty?
Fine of $1000
If a practitioner knows or reasonably suspects that someone they have treated has suffered/ is suffering from any wound or physical injury resulting from assaultive or abusive conduct, what steps must they take?
- Make a report by telephone as soon as practically possible
- Send a written report to local law enforcement within two working days
- If 2+ persons agree to make a report as a team, a member of the team may act as the reporter on behalf of the team.
If a health practitioner is making a report in regards to knowledge of/ reasonable suspecting of assaultive or abusive conduct, what should be included in the report?
- Name of the injured person, if known
- Injured person’s whereabouts
- Character and extent of a person’s injuries
- Identity of any person the injured person alleges
To whom should a practitioner make a report of suspected child abuse or neglect?
Police department or sheriff’s department or county welfare department
What characterizes the “Low Risk” level for Suicide Assessment?
- Mild or no depression
- Sadness, but feels hopeful about the future
- No psychotic symptoms
- Mild or no anger
- No recent attempts or 1 recent attempt of low lethality and low intentionality + infrequent use of substances
If a practitioner assesses a patient’s suicide risk to be “low,” what is the standard management protocol?
Refer to outpatient therapy with follow-up
What characterizes “Medium Risk” level for Suicide Assessment?
- Moderate depression, some sadness, some psychotic symptoms
- Some feelings of hopelessness
- Moderate anger or hostility + multiple attempts of low lethality + risk of substance abuse or dependence
If a practitioner assesses a patient’s suicide risk to be “medium,” what is the standard management protocol?
- The decision whether to urgently refer a patient to a psychiatrist or emergency department depends on the patient’s presentation
- If further evaluation or clinical findings reveal that their level of illness warrants an urgent referral
What characterizes “High Risk” level for Suicide Assessment?
- Severe depression
- Delusions about dying
- Hallucinations
- Preoccupation of hopelessness, despair, feelings of worthlessness
- Severe anger or hostility
- Continual or specific thoughts about suicide, evidence of clear intention or an attempt with high lethality
- Current substance intoxication, abuse, dependence
If a practitioner assesses a patient’s suicide risk to be “high,” what is the standard management protocol?
- Patient should be transported to emergency room for evaluation and observation
- Do not leave the patient alone while waiting for the ambulance to arrive
The use of magnets is authorized in California (T/F)
True
The 2021 California Board Occupational Analysis reports that the highest level of education achieved by a licensed acupuncturist is?
Master’s
The primary form of payment for acupuncture services is:
Out-of-pocket
According to the California Business and Professions Code, acupuncture treatments include:
- Acupuncture
- Electroacupuncture
- Moxibustion
- Cupping
In addition to acupuncture, cupping, moxa, and e-stim, acupuncture licensure grants licensee ability to perform or prescribe:
A) Asian massage, acupressure, the use of single-use hypodermic needles, breathing techniques, herbs, mineral products, nutrition and diet, dietary supplements
B) Asian massage, acupressure, breathing techniques, nutrition and diet, animal products, herbs, synthetic compounds
C) Asian massage, acupressure, breathing techniques, magnets, herbs, animal & mineral products, nutrition and diet, dietary supplements
C) Asian massage, acupressure, breathing techniques, magnets, herbs, animal & mineral products, nutrition and diet, dietary supplements
According to the 2021 California Acupuncture Board Occupational Analysis, what treatment modalities do acupuncturists most often perform?
Acupuncture + Cupping
Most acupuncturists are classified under what type of business enterprise?
Sole Proprietor
The treatment category that is most commonly associated with acupuncture according to the CA Board Occupuational Analysis of 2021 is:
Pain Management
2nd: General Medicine
3rd: Women’s Health
4th: Mental Health
5th: Orthopedics
6th: GI
7th: Fertility
