•  Summary 
  •  
  •  Actions 
  •  
  •  Committee Votes 
  •  
  •  Floor Votes 
  •  
  •  Memo 
  •  
  •  Text 
  •  
  •  LFIN 
  •  
  •  Chamber Video 

A07181 Summary:

BILL NOA07181
 
SAME ASSAME AS S05464
 
SPONSORPretlow
 
COSPNSRRa
 
MLTSPNSR
 
Add Art 155-A 7850 - 7857, Ed L
 
Provides for the licensing and regulation of the profession of reflexology.
Go to top    

A07181 Actions:

BILL NOA07181
 
04/12/2017referred to higher education
Go to top

A07181 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A7181
 
SPONSOR: Pretlow
  TITLE OF BILL: An act to amend the education law, in relation to the licensing and regulation of the profession of reflexology   PURPOSE OR GENERAL IDEA OF BILL: This bill will make available that any person wishing to practice Reflexology in the state of New York will be allowed to do so in so long as all criteria in this article for licensing be met.   SUMMARY OF SPECIFIC PROVISIONS: This bill introduces a new article 155-A to education law. The new arti- cle will describe the terminology as to the definition of Reflexology and the criteria needed to practice Reflexology in the State of New York. Section § 7850, applies to the profession of reflexology. Section § 7851, describes the terminology and how the terms relate to being used in the law. Section § 7852, describes how the title Reflexologist will be used and who can claim to be a New York state licensed Reflexologist. Section 1. Describes how the State of Reflexology will be created and how the members of such board will be appointed. Section 2. Provides that the Board of Regents and the commissioner shall put in law the rules and regulations to effectuate this article. Section § 7854, subsection (1) (A,B,C,D,E,F,G,E, and I) provides for requirements to be fulfilled in order to become a licensed practitioner of Reflexology in New York state. Subsection (2). Describes how long the term of a license will be valid. Section § 7555, Subsection (1) describes persons authorized to practice in a specific medical field shall be exempt from this article. Subsection (2) any person practicing Reflexology as an employee in a medical institution that is licensed or chartered in New York State can do so with on-site supervision from another person duly licensed or authorized by New York State. Section § 7556, describes limited permits that are for a period of time not to exceed 12 months or until the next examination. Section § 7557, special provisions, Notwithstanding the requirements, an individual currently engaging in the practice of Reflexology may contin- ue to practice after the effective date by meeting certain criteria. Public interest in complementary therapies continues to grow and many nurses and midwives are incorporating complementary therapies such as reflexology. Reflexology is potentially a very valuable therapeutic nursing skill end could have wide-ranging and cost-effective benefits in health care, from special care baby units through to care of the elder- ly. Like many other complementary therapies, reflexology seems to restore and maintain health by rebalancing the body. Whilst too many, reflexology may appear a gentle therapy, it is vital that the contrain- dications are known and that it is only out by trained Reflexologist. Reflexology is a noninvasive, integrative therapy based on the premise that there are zones and reflex areas in the feet, hands and ears, which correspond to all body systems. By applying specific pressure using thumb, finger and hand techniques, these reflex points/areas are stimu- lated and work to revitalize and harmonize the functions of the body therapy effecting a physiological change. This bill recognizes Reflexol- ogy is unique and distinct from other integrative disciplines. It is therefore important to set standards reflecting safety Practices that are up to date and periodically monitored. New York State currently provides none of the above for practicing Reflexology however, this bill would set standards for this Profession.   PRIOR LEGISLATIVE HISTORY: 2009-10 A10076 (Latimer} Referred to Assembly Higher Education 2011-12 A2099 (Latimer} Referred to Assembly Higher Education 2011-12 S7273 (LIBOUS) REFERRED TO HIGHER EDUCATION 2013-14 S2954 (LATIMER) REFERRED TO HIGHER EDUCATION 2013-14 A5329 (Pretlow) referred to higher education 2015-16 S2599 (LATIMER) REFERRED TO HIGHER EDUCATION   FISCAL IMPLICATIONS: Monies collected from licensing would generate additional revenue for the state.   LOCAL FISCAL IMPLICATIONS: None   EFFECTIVE DATE: § 2. This act shall take effect two years after it shall have become a law; provided, however, that effective immediately, the addition and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date are authorized and directed to be made and completed on or before such effective date.
Go to top

A07181 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          7181
 
                               2017-2018 Regular Sessions
 
                   IN ASSEMBLY
 
                                     April 12, 2017
                                       ___________
 
        Introduced  by M. of A. PRETLOW -- read once and referred to the Commit-
          tee on Higher Education
 
        AN ACT to amend the education law, in  relation  to  the  licensing  and
          regulation of the profession of reflexology
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. The education law is amended by adding a new article  155-A
     2  to read as follows:
     3                                ARTICLE 155-A
     4                                 REFLEXOLOGY
     5  Section 7850. Introduction.
     6          7851. Definitions.
     7          7852. Practice of reflexology and use of title "licensed reflex-
     8                ologist".
     9          7853. Reflexology seat on the state board for massage therapy.
    10          7854. Requirements for a professional license.
    11          7855. Exempt persons.
    12          7856. Limited permits.
    13          7857. Special provisions.
    14    §  7850.  Introduction.  This  article  applies  to  the profession of
    15  reflexology.  The effectiveness of reflexology is recognized by  various
    16  national  health  institutions  and  the  public  at large as a distinct
    17  complementary practice within the holistic health field.    The  general
    18  provisions  for  all professions contained in article one hundred thirty
    19  of this title apply to this article.
    20    § 7851. Definitions. As used in this article the following terms shall
    21  have the following meanings:
    22    1. "Licensed reflexologist" means a person who  practices  reflexology
    23  and  who is licensed by the department or from an entity approved by the
    24  commissioner.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10827-01-7

        A. 7181                             2
 
     1    2. "Reflexology" means a protocol of manual techniques, such as  thumb
     2  and  finger-walking, hook and backup and rotating-on-a-point, applied to
     3  specific reflex areas predominantly on the feet and hands  to  stimulate
     4  the  complex neural pathways linking body systems and support the body's
     5  efforts to function optimally.
     6    3. "Department" means the department of education.
     7    §  7852. Practice of reflexology and use of title "licensed reflexolo-
     8  gist". Only a person licensed or authorized  pursuant  to  this  article
     9  shall  practice  reflexology and only a person so licensed shall use the
    10  title "licensed reflexologist". No person,  firm,  partnership,  limited
    11  liability  company  or  corporation  shall  describe its services in any
    12  manner under the title "reflexology" unless such services are  performed
    13  by a person licensed or authorized pursuant to this article.
    14    §  7853.  Reflexology  seat on the state board for massage therapy. 1.
    15  The state board for massage therapy shall establish a seat on such board
    16  for reflexology and a member shall be appointed by the board of  regents
    17  on  the  recommendation of the commissioner for the purpose of assisting
    18  the board of regents and  the  department  on  matters  of  professional
    19  licensing and professional conduct in accordance with section sixty-five
    20  hundred  eight  of  this  title.  The  board member shall have practiced
    21  reflexology for at least three years.
    22    2. The massage therapy board, in consultation with an advisory commit-
    23  tee of five reflexologists currently engaged in the practice of  reflex-
    24  ology  appointed  by the board of regents, shall advise, assist and make
    25  recommendations regarding the promulgation of such rules and regulations
    26  as deemed necessary and appropriate to effectuate the provisions of this
    27  article;  provided,  however,  that  the  advisory  committee  shall  be
    28  dissolved  one  hundred  eighty  days  after  the effective date of this
    29  section.
    30    § 7854. Requirements for a professional license. 1. To qualify  for  a
    31  license  as  a  reflexologist,  an applicant shall fulfill the following
    32  requirements:
    33    (a) Application: file an application with the department;
    34    (b) Education: have received an education, including high school grad-
    35  uation or its equivalent and graduation from a school  or  institute  of
    36  reflexology with a program registered by the department, or its substan-
    37  tial equivalent in both subject matter and extent of training, by actual
    38  class attendance provided that the program in such a school or institute
    39  shall consist of a training program acceptable to the department;
    40    (c)  Examination: pass an examination satisfactory to the board and in
    41  accordance with the commissioner's regulations;
    42    (d) Age: be at least eighteen years of age;
    43    (e) Character: be of good moral character as determined by the depart-
    44  ment; and
    45    (f) Fees: pay fees required in rules adopted by the department and the
    46  board of regents.
    47    2. Licenses shall be valid for three years.    The  practitioner  must
    48  re-register with the department every three years thereafter to maintain
    49  active licensing status.
    50    §  7855.  Exempt  persons.  Nothing contained in this article shall be
    51  construed to prohibit:
    52    1. The practice of reflexology by any  person  who  is  authorized  to
    53  practice  medicine, nursing, chiropractic, physical therapy, podiatry or
    54  massage therapy in accordance with the provisions of this title.

        A. 7181                             3
 
     1    2. The practice of massage which is customarily given in barber  shops
     2  or  beauty  parlors  for  the  purpose of beautification by any licensed
     3  barber or cosmetologist.
     4    3.  The  practice of reflexology by any person enrolled in the program
     5  of a school or institute of reflexology registered by the department  or
     6  enrolled in a program which satisfies the requirements of section seven-
     7  ty-eight  hundred  fifty-four of this article, provided that such person
     8  is under the on-site  supervision  of  a  person  licensed  to  practice
     9  reflexology  or  authorized to practice reflexology pursuant to subdivi-
    10  sion one of this section.
    11    § 7856. Limited permits. 1. The department may issue a limited  permit
    12  to  practice reflexology as a licensed reflexologist to a person who has
    13  not previously held such a permit  and  who  fulfills  all  requirements
    14  except  the  examination  for  a license, provided however that a permit
    15  shall not be issued to a person who has failed the state licensing exam-
    16  ination.
    17    2. The department shall limit the number of times a  person  may  take
    18  the examination in a given year.
    19    3.  The  limited  permit  shall be valid for a period of not more than
    20  twelve months or renewed once for one year  at  the  discretion  of  the
    21  board  until the results of the next licensing examination for which the
    22  person is eligible are officially available, whichever comes first.
    23    4. A limited permit shall entitle the holder to  practice  reflexology
    24  only  under  the  personal supervision of a person currently licensed to
    25  practice reflexology in this state.
    26    5. The fee for a limited permit shall be  required  and  shall  be  as
    27  adopted in the rules of the department and the board of regents.
    28    §  7857.  Special  provisions.  1. Notwithstanding the requirements of
    29  sections seventy-eight  hundred  fifty-four  and  seventy-eight  hundred
    30  fifty-six of this article, an individual currently engaging in the prac-
    31  tice of reflexology may continue to practice after the effective date of
    32  this  article,  when an individual fulfills all except the certification
    33  and application requirements of section seventy-eight hundred fifty-four
    34  of this article. Such individual shall have  eighteen  months  from  the
    35  effective  date  of this section to apply to the department for examina-
    36  tion and/or a license to practice reflexology and may  practice  in  the
    37  interim.
    38    2. For a limited time period of three years from the effective date of
    39  this  section the department may certify an applicant as a reflexologist
    40  without examination if the applicant:
    41    (a) files an application with the department; and
    42    (b) is at least eighteen years of age; and
    43    (c) has completed a reflexology program with a minimum of two  hundred
    44  hours of in-class training; and
    45    (d)  provides documentation demonstrating that the applicant has prac-
    46  ticed reflexology for at least fifteen hours per week for at least three
    47  years prior to the application; or
    48    (e) is certified by a national certifying board with a psychometrical-
    49  ly valid exam for reflexology approved by the department; or
    50    (f) applies for certification within eighteen months from  the  effec-
    51  tive date of this section.
    52    3.  For  the  purposes of subdivision one of this section, it shall be
    53  determined that the filing of an application with the department  on  or
    54  before  the  expiration  of  the eighteen month period shall qualify for
    55  purposes of such subdivision, regardless of the time period required for
    56  reviewing and processing such application.

        A. 7181                             4
 
     1    § 2. This act shall take effect two years after it shall have become a
     2  law; provided, however, that effective immediately, the addition  and/or
     3  repeal  of  any  rule  or regulation necessary for the implementation of
     4  this act on its effective date are authorized and directed  to  be  made
     5  and completed on or before such effective date.
Go to top