Section 1399.419 - Review and Processing of Licensing Examination Applications; Requirements for Licensure(a) For applicants who completed a Board approved educational and training program or tutorial program, within forty-five (45) calendar days after receipt of an application for examination and application fee, the Board shall inform the applicant by email or mail of one of the following: (1) The application is complete as set forth in Section 1399.413 and the applicant is eligible to pay the examination fee to initiate scheduling of the examination.(2) The application is deficient and what specific information or documentation is required to complete the application as set forth in Section 1399.413.(b) For foreign-trained applicants, within ninety (90) calendar days after receipt of an application for examination and application fee, the Board shall inform the applicant by email or mail of one of the following: (1) The application is complete as set forth in Section 1399.413 and the applicant is eligible to pay the examination fee to initiate scheduling of the examination.(2) The application is deficient and what specific information or documentation is required to complete the application as set forth in Section 1399.413.(c) For applicants who were previously notified by the Board pursuant to (a)(2) or (b)(2) of this section, the Board shall inform the applicant by email or mail within forty-five (45) calendar days of receipt of a completed application for examination as set forth in Section 1399.413 that the applicant is eligible to pay the examination fee to initiate scheduling of the examination.(d) Within thirty (30) calendar days from the date the written examination is administered, candidates will be notified of their results by the Board, or its designee, and if the applicant has passed the examination, will be offered a license to practice acupuncture upon meeting all of the following: (1) Submission of a completed application for license to the Board at its current physical address listed on its website or through the Board's online portal accessible through the Board's website. A completed application for license shall include all of the following information: (A) Applicant's full legal name ((Last Name) (First Name) (Middle Name)),(B) Other name(s) applicant has used or has been known by,(C) Applicant's physical address,(D) Applicant's mailing address, if different than the applicant's physical address. The mailing address may be a post office box number or other alternate address,(E) Applicant's telephone number,(F) Email address, if any,(G) Applicant's Social Security Number or Individual Taxpayer Identification Number, which is authorized to be collected pursuant to section 30 and 494.5 of the Code and Pub. L 94-455 (42 U.S.C.A. § 405(c)(2)(C)), and will be used exclusively for identification, tax enforcement purposes, or compliance with any judgment or order for family support in accordance with Section 17520 of the Family Code.(H) Applicant's birthdate (month, day, and year),(I) The following additional applicant-identifying information, to expedite the application process, if applicable:(i) Whether the applicant is serving, or has previously served, in the United States Armed Forces.(ii) Whether the applicant is an honorably discharged member of the United States Armed Forces. If the applicant affirmatively states that they meet this criterion, they shall provide the following documentation with the application to receive expedited review: a certificate of release or discharge from active duty (DD-214) or other documentary evidence showing date and type of discharge.(iii) Whether the applicant is an active-duty member of a regular component of the United States Armed Forces enrolled in the United States Department of Defense SkillBridge program as authorized under Section 1143(e) of Title 10 of the United States Code.(iv) Whether the applicant is married to or in a domestic partnership or other legal union with an active-duty member of the United States Armed Forces assigned to a duty station in California under official active-duty military orders. If the applicant affirmatively states that they meet this criterion, they shall provide the following documentation along with the application to receive expedited review: certificate of marriage, certificate of domestic partnership, or proof of other legal union; a copy of the applicant's spouse's or partner's military orders reflecting assignment to a California duty station; and, proof of being licensed to practice acupuncture in another state, or U.S. territory or district.(v) Whether the applicant was admitted to the United States as a refugee, has been granted asylum by the Secretary of Homeland Security or the Attorney General of the United States, or has a special immigrant visa (SIV). If the applicant affirmatively states that they meet any of these criteria, they shall provide any of the following items of documentation, as applicable, with the application to receive expedited review: (I) Form I-94, arrival/departure record, with an admission class code such as "RE" (refugee) or "AY" (asylee) or other information designating the person a refugee or asylee;(II) Special Immigrant Visa that includes the "SI" or "SQ";(III) Permanent Resident Card (Form I-551), commonly known as a "green card," with a category designation indicating that the person was admitted as a refugee or asylee; or,(IV) An order from a court of competent jurisdiction or other documentary evidence that provides reasonable assurances to the Board that the applicant qualifies for expedited licensure pursuant to Section 135.4 of the Code.(J) Excluding actions based upon the applicant's criminal conviction history, disclosure of license denial or license suspension, revocation, voluntary surrender, or other discipline of any professional health care license in California, any other state or United States territory, or by any other governmental agency or foreign country within the preceding seven (7) years of the date of application for license,(K) Disclosure and explanation of a medical condition which currently impairs or limits the applicant's ability to practice acupuncture with reasonable skill and safety,(L) Whether the applicant has a place of practice in California pursuant to Section 4961, subsection (g), of the Code. If yes, include its business name, phone number, email address, and address; and,(M) A statement signed and dated by the applicant under penalty of perjury under the laws of the State of California that all statements made in the application are true and correct.(2) Payment of the initial license fee specified in section 1399.460 in the following accepted forms: (A) credit card through the Board's online portal accessible through the Board's website, or(B) personal check drawn from a U.S. bank, cashier's check, or money order mailed to or provided in person at the Board's current physical address listed on its website,(3) Applicants eligible for an expedited license application process as specified in (d)(1)(I)(iv) of this section shall also be granted a waiver of the initial license fee pursuant to Section 115.5 of the Code,(4) Submission of a full set of fingerprints for the purposes of the Board conducting a criminal history record check through the California Department of Justice and the Federal Bureau of Investigation, submitted in the following manner: (A) Applicants residing in California shall take the completed California Department of Justice form "Request for Live Scan Service" to a Live Scan Service location to have their fingerprints taken by the operator. The applicant will be required to pay all fingerprint processing fees payable to the Live Scan operator, including the Live Scan operator's "rolling fee," if any, and fees charged by the California Department of Justice and the Federal Bureau of Investigation. For current information about fingerprint background checks, and Live Scan locations, please visit the Attorney General's website.(B) Applicants residing outside of California who cannot be fingerprinted electronically through Live Scan in California must have their fingerprints taken at a law enforcement agency in their state of residence, using fingerprint cards. Applicants shall complete and mail two fingerprint cards, together with the California Department of Justice and the Federal Bureau of Investigation fingerprinting fees (either personal check drawn on a U.S. bank, money order or certified check), payable to the "Acupuncture Board of California," to its current physical address listed on its website, and(5) The applicant is not subject to denial pursuant to Division 1.5 (commencing with Section 475) of the Code and sections 1399.469.4 and 1399.469.5.(e) In addition to any other requirements for licensure, whenever it appears that an applicant for a license may be unable to safely perform as an acupuncturist, because the applicant's ability to perform may be impaired due to mental illness, or physical illness affecting competency, the Board may require the applicant to be examined by one or more physicians and surgeons or psychologists designated by the Board. The Board shall pay the full cost of such examination. An applicant's failure to comply with this requirement shall render the applicant's application incomplete. The report of the evaluation shall be made available to the applicant.
Cal. Code Regs. Tit. 16, § 1399.419
Note: Authority cited: Section 4933, Business and Professions Code. Reference: Sections 27, 29.5, 30, 31, 114.5, 115.4, 115.5, 135.4, 144, 480, 820, 4938 and 4944, Business and Professions Code.
Note: Authority cited: Section 4933, Business and Professions Code. Reference: Sections 820, 4938 and 4944, Business and Professions Code.
1. New section filed 7-2-92; operative 7-2-92 pursuant to Government Code section 11346.2(d) (Register 92, No. 28).
2. Amendment of section and Note filed 7-29-98; operative 8-28-98 (Register 98, No. 31).
3. Change without regulatory effect amending subsections (a) and (e) filed 2-17-99 pursuant to section 100, title 1, California Code of Regulations (Register 99, No. 8).
4. Change without regulatory effect amending subsection (c), repealing subsection (d) and relettering subsections filed 6-20-2001 pursuant to section 100, title 1, California Code of Regulations (Register 2001, No. 25).
5. New subsection (e) and amendment of Note filed 6-2-2015; operative 10-1-2015 (Register 2015, No. 23).
6. Change without regulatory effect amending section and Note filed 4-22-2022 pursuant to section 100, title 1, California Code of Regulations (Register 2022, No. 16).
7. Amendment of section heading, section and NOTE filed 7-11-2024; operative 10/1/2024 (Register 2024, No. 28).