California Acupuncture Board advances telehealth standards; 15‑day comment period authorized

The California Acupuncture Board on Nov. 6 voted to publish modified regulatory text that defines how licensed acupuncturists may deliver telehealth services, authorizing a 15‑day public comment period and directing staff to take necessary steps to complete rulemaking. Vice President Francisco Kim moved the motion; Member Ruben Osorio seconded it and a roll‑call vote recorded unanimous approval.

Staff said the package began with an initial filing and 45‑day comment period that ended Aug. 18 and produced 14 written comments and several late requests for hearings. According to staff, the proposed regulations clarify which acupuncture services may be provided remotely, require licensee disclosure information for patient protection, and establish factors for licensees to consider when determining whether a virtual interaction constitutes a permissible treatment.

Regulatory staff summarized the board’s approach: “The proposal explains which acupuncture services can be provided through telehealth and sets the proper standards that licensed acupuncturists must follow based on the scope of practice permitted in Business and Professions Code section 4937.” Staff emphasized the package was intentionally not overly prescriptive and instead provides factors clinicians should use to decide whether a modality is appropriate for telehealth.

Public commenters and board members pressed two recurring issues. Neil Miller of Calatima praised staff’s responses but warned that informed‑consent logistics will be challenging, saying, “You’re gonna have to email that or have a secure way to get them to that because you’re talking about 10 minutes of reading something.” Commenters also flagged the range of possible compliance costs, which staff said could range from no cost (telephone/email/text) to using scheduling/telehealth software that might cost “between $300 per month or $3,600 per year.”

Several commenters asked that commonly used adjunct modalities such as cupping or gua sha be treated consistently; staff noted the regulation will allow licensees to provide all services authorized by the acupuncture scope in BPC §4937 but will explicitly exclude hands‑on needling and other physical procedures from telehealth. Staff also recommended retaining a requirement that licensees disclose their name and license number in virtual settings as a parallel to in‑office display requirements aimed at public protection.

The motion approved directs staff to reject most requested changes submitted in comments except for a limited amendment suggested in comment number 4, issue the modified text for a 15‑day public comment period, and to authorize the executive officer to make non‑substantive technical edits necessary to complete the rulemaking.