Midterm Flashcards
(23 cards)
- a binding custom or practice of a community; a rule of conduct or action prescribed or formally recognized as binding or enforced by a controlling authority
Law
- a system or body of law
- Jurisprudence
- the power, right, or authority to interpret and apply the law; the limits or territory within which authority may be exercised
- Jurisdiction
- a rule or order issued by an executive authority or regulatory agency of a government and having the force of law
- Regulation
- a law set forth by a governmental authority; specifically : a municipal regulation
- Ordinance
Three branches of government
- Legislative- make laws
- Executive- enforce laws
- Judicial- interpret laws
To be valid, a regulation must meet three legal tests:
- Must be within scope of agency’s authority
- Must be based on statute
- Must be reasonably related to public health, safety, and welfare
a body of law that is based on custom and general
principles and embodied in case law and that serves as precedent or
is applied to situations not covered by statute
Common law-
law established by judicial decisions in cases as
distinguished from law created by legislation
- Case law-
- conduct that is prohibited and has a specific punishment (as incarceration or
fine) prescribed by public law
- Crime
- the law that applies to private rights especially as opposed to the
law that applies to criminal matters
- Civil law
a wrongful act other than a breach of contract that injures another and for
which the law imposes civil liability
- Tort-
- law dealing with the establishment, duties, and powers
of and available remedies against authorized agencies in the executive
branch of the government
- Administrative law
California Acupuncture Laws
*Statutes
_______________, California Business and Professions Code
*Regulations
_______________, California Code of Regulations
*Chapter 12
*Title 16
“Supervising acupuncturist” means a person who meets the following conditions:
*(A) Is licensed to practice acupuncture in this state and that license is current, valid, and has not been suspended or revoked or otherwise subject to formal disciplinary action, unless approved by the board.
*(B) Has practiced as a licensed acupuncturist in this state for at least five years.
“Basic supportive acupuncture service” means any of the following:
*(A) Needle removal.
*(B) Cupping.
*(C) Moxibustion.
*(D) Gua sha.
*(E) Any other service listed under subdivision (b) of Section 4937.
*(2) “Basic supportive acupuncture service” does not include diagnosis, point location, needle insertion, electrical stimulation, rendering advice to patients, or any other procedure requiring a similar degree
The Acupuncture Board, which consists of ___________ members, shall enforce and administer this chapter.
*(b) This section shall remain in effect only until January 1, 2028, and as of that date is repealed.
seven
*(b) This section shall remain in effect only until _______________and as of that date is repealed.
January 1, 2028,
_______members of the board shall be acupuncturists with at least _______ years of experience in acupuncture and
_______ members shall be public members who do not hold a license or certificate as a physician and surgeon or acupuncturist.
Three
five
four
The Governor shall appoint the three acupuncturist members and two of the public members. All members appointed to the board by the Governor shall be subject to confirmation by the ___________.
Senate.
Term of office.
*Each member of the board shall be appointed for a term of ______years.
four
Four members of the board, including at least _____acupuncturist, shall constitute a quorum to conduct business.
one
Each person holding a license, registration, approval or any other authority issued under this chapter shall file his or her proper and current mailing address with the board, and shall notify the board, in writing, within __________days of any and all changes of mailing address, giving both the old and new address.
thirty (30)
