|SAME AS||SAME AS S05464|
|Add Art 155-A §§7850 - 7857, Ed L|
|Provides for the licensing and regulation of the profession of reflexology.|
|04/12/2017||referred to higher education|
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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.
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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. LBD10827-01-7A. 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.