BUSINESS AND PROFESSIONS CODE
4936. (a) It is unprofessional conduct for an acupuncturist to use
the title "Doctor" or the abbreviation "Dr." in connection with the
practice of acupuncture unless he or she possesses a license that
authorizes the use or possesses an earned doctorate degree from an
accredited, approved, or authorized educational institution as set
forth under Chapter 8 (commencing with Section 94800) of Part 59 of
Division 10 of Title 3 of the Education Code, which is in
acupuncture, oriental medicine, a biological science, or is otherwise
related to the authorized practice of an acupuncturist as set forth
in Sections 4927 and 4937.
(b) The use of the title "Doctor" or the abbreviation "Dr." by an
acupuncturist as authorized in subdivision (a) without further
indicating the type of license or degree which authorizes that use
shall constitute unprofessional conduct.
4937. An acupuncturist's license authorizes the holder thereof:
(a) To engage in the practice of acupuncture.
(b) To perform or prescribe the use of Asian massage, acupressure,
breathing techniques, exercise, heat, cold, magnets, nutrition,
diet, herbs, plant, animal, and mineral products, and dietary
supplements to promote, maintain, and restore health. Nothing in this
section prohibits any person who does not possess an acupuncturist's
license or another license as a healing arts practitioner from
performing, or prescribing the use of any modality listed in this
subdivision.
(c) For purposes of this section, a "magnet" means a mineral or
metal that produces a magnetic field without the application of an
electric current.
(d) For purposes of this section, "plant, animal, and mineral
products" means naturally occurring substances of plant, animal, or
mineral origin, except that it does not include synthetic compounds,
controlled substances or dangerous drugs as defined in Sections 4021
and 4022, or a controlled substance listed in Chapter 2 (commencing
with Section 11053) of Division 10 of the Health and Safety Code.
(e) For purposes of this section, "dietary supplement" has the
same meaning as defined in subsection (ff) of Section 321 of Title 21
of the United States Code, except that dietary supplement does not
include controlled substances or dangerous drugs as defined in
Section 4021 or 4022, or a controlled substance listed in Chapter 2
(commencing with Section 11053) of Division 10 of the Health and
Safety Code.
