Cal. Code Regs. tit. 16 § 1399.451

Current through Register 2025 Notice Reg. No. 2, January 10, 2025

Section 1399.451 - Treatment Procedures

In treating a patient, an acupuncturist shall adhere to the following procedures:

(a) The acupuncturist's hands shall be brush-scrubbed with soap and warm water immediately before examining patients or handling acupuncture needles and other instruments, and between patients.

(b) All instruments shall be sterilized before and between uses in a manner that destroys all microorganisms. All needle trays that contain sterile needles shall also be sterile. Each time instruments are sterilized, the acupuncturist shall use a tape or strip indicator that shows that sterilization is complete.

(c) Acupuncture points, where needles are to be inserted, shall be cleaned with an appropriate antiseptic before insertion of the needle.

(d) In the event an acupuncture needle inserted in a patient breaks subcutaneously, the treating acupuncturist shall immediately consult a physician. An acupuncturist shall not sever or penetrate the tissues in order to excise such a needle.

(e) Any complication, including but not limited to, hematoma, peritonitis, or pneumothorax arising out of acupuncture treatment shall be referred immediately to a physician, dentist, or podiatrist, if appropriate, if immediate medical treatment is required.

(f) Acupuncture shall not be performed using hypodermic needles.

(g) All instruments to be discarded shall be disposed of safely.

(h) Needles shall be disposed of by placing them in a sealed, unbreakable container marked "Hazardous Waste" and disposed of in accordance with state and local law.

Cal. Code Regs. Tit. 16, § 1399.451

1. Amendment of subsection (e) filed 10-14-83; effective thirtieth day thereafter (Register 83, No. 42).
2. Amendment of subsection (b) filed 12-11-84; effective thirtieth day thereafter (Register 84, No. 50).
3. Amendment of subsections (a)-(c) and new subsections (f) and (g) filed 9-8-89; operative 10-8-89 (Register 89, No. 37).
4. Amendment of subsections (b) and (g), repealer of subsections (g)(1)-(2) and new subsection (h) filed 7-5-2005 as an emergency; operative 7-5-2005 (Register 2005, No. 27). A Certificate of Compliance must be transmitted to OAL by 11-2-2005 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 7-5-2005 order transmitted to OAL 11-2-2005 and filed 12-15-2005 (Register 2005, No. 50).
6. Change without regulatory effect amending subsections (b) and (e) filed 4-22-2022 pursuant to section 100, title 1, California Code of Regulations (Register 2022, No. 16).

Note: Authority cited: Section 4933, Business and Professions Code. Reference: Section 4955, Business and Professions Code.

1. Amendment of subsection (e) filed 10-14-83; effective thirtieth day thereafter (Register 83, No. 42).
2. Amendment of subsection (b) filed 12-11-84; effective thirtieth day thereafter (Register 84, No. 50).
3. Amendment of subsections (a)-(c) and new subsections (f) and (g) filed 9-8-89; operative 10-8-89 (Register 89, No. 37).
4. Amendment of subsections (b) and (g), repealer of subsections (g)(1)-(2) and new subsection (h) filed 7-5-2005 as an emergency; operative 7-5-2005 (Register 2005, No. 27). A Certificate of Compliance must be transmitted to OAL by 11-2-2005 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 7-5-2005 order transmitted to OAL 11-2-2005 and filed 12-15-2005 (Register 2005, No. 50).
6. Change without regulatory effect amending subsections (b) and (e) filed 4-22-2022 pursuant to section 100, title 1, California Code of Regulations (Register 2022, No. 16).