§ 1399.426. Supervising Acupuncturist's Responsibilities.

Each supervising acupuncturist shall have the following duties and responsibilities:

(a) A supervisor shall at all times be responsible for and provide supervision of the work performed by the trainee as required in these regulations.

(b) The supervisor shall only assign those patient treatments which can be safely and effectively performed by the trainee and which are consistent with the level of training received by the trainee. The supervisor shall provide continuous direction and immediate supervision of the trainee when patient services are provided. The supervisor shall be in the same facility as and in proximity to the location where the trainee is rendering services and shall be readily available at all times to provide advice, instruction and assistance to the trainee.

(c) The supervisor shall insure that patient informed consent is obtained when necessary.

(d) The supervisor shall insure that the objectives of the training plan submitted are provided and met by the trainee, and that the required theoretical training is obtained in accordance with subsection (c) of Section 1399.425.

(e) The supervisor shall insure that the trainee complies with the standards of practice in Article 5 of the Acupuncture Regulations.

(f) The supervisor shall file quarterly with the board a progress report on a form provided by the board which sets forth the schedules for theoretic and didactic training and for clinical training of the trainee.

(g) The supervisor shall insure that when rendering services or otherwise engaging in professional activity the trainee always identifies himself or herself as an “acupuncture trainee” and wears at such times the identification badge required in Section 1399.427.

(h) There shall be no separate billing by the trainee.

(i) The supervisor shall comply with the provisions of the acupuncture law, the Acupuncture Regulations and applicable laws and regulations governing wages and compensation paid to employees or apprentices, maximum hours and working conditions. Any overtime worked by the trainee shall not interfere with or impair the training program and shall not be detrimental to the health and safety of the trainee or patients.

HISTORY

1. Amendment of subsections (e) and (i) filed 8-5-81; effective thirtieth day thereafter (Register 81, No. 32).

2. Amendment filed 10-14-83; effective thirtieth day thereafter (Register 83, No. 42).

3. Amendment of subsections (d) and (f) filed 8-16-89; operative 9-15-89 (Register 89, No. 33).

4. Change without regulatory effect amending subsection (f) filed 2-17-99 pursuant to section 100, title 1, California Code of Regulations (Register 99, No. 8).

Note

Note: Authority cited: Section 4933, Business and Professions Code. Reference: Sections 4939 and 4940, Business and Professions Code.