STATE OF NEW YORK
________________________________________________________________________
5329
2013-2014 Regular Sessions
IN ASSEMBLY
February 22, 2013
___________
Introduced by M. of A. PRETLOW, PAULIN, LUPARDO, DenDEKKER, MAISEL,
ROBERTS, BARRON, BENEDETTO -- Multi-Sponsored by -- M. of A. ABINANTI,
AUBRY, COOK, CROUCH, GABRYSZAK, GALEF, HIKIND, KATZ, KELLNER,
PEOPLES-STOKES, RAIA, ROBINSON, THIELE, WEISENBERG, WRIGHT -- read
once and referred to the Committee 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 "reflexologist".
8 7853. State board for reflexology.
9 7854. Requirements for a professional license.
10 7855. Exempt persons.
11 7856. Limited permits.
12 7857. Special provisions.
13 § 7850. Introduction. This article applies to the profession of
14 reflexology. The general provisions for all professions contained in
15 article one hundred thirty of this title apply to this article.
16 § 7851. Definitions. As used in this article the following terms shall
17 have the following meanings:
18 1. "Board" means the state board for reflexology created by section
19 seventy-eight hundred fifty-three of this article.
20 2. "Practitioner" means a person who practices reflexology for compen-
21 sation and who holds current certification from an entity approved by
22 the commissioner.
23 3. "Reflexology" means the systematic application of alternating pres-
24 sure by the use of a practitioner's hands, thumbs and fingers to reflex
25 points on an individual's hands, feet, face or ears, using alternating
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD04144-02-3
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1 pressure and such techniques as thumb and finger walking, hook and back
2 up, and rotation on a reflex for the purpose of health promotion.
3 § 7852. Practice of reflexology and use of title "reflexologist". Only
4 a person licensed or authorized pursuant to this article shall practice
5 reflexology and only a person so licensed shall use the title "reflexol-
6 ogist". No person, firm, partnership, limited liability company or
7 corporation shall describe its services in any manner under the title
8 "reflexology" unless such services are performed by a person licensed or
9 authorized pursuant to this article.
10 § 7853. State board for reflexology. 1. A state board for reflexology
11 shall be established and appointed by the board of regents on the recom-
12 mendation of the commissioner for the purpose of assisting the board of
13 regents and the department on matters of professional licensing and
14 professional conduct in accordance with section sixty-five hundred eight
15 of this title. The board shall be composed of not less than seven
16 persons, four of whom shall have been engaged in the teaching, research
17 or practice of reflexology for at least three years, two of whom shall
18 be physicians or nurses licensed in this state and one who shall be a
19 public member representing consumers and the community. An executive
20 secretary to the board shall be appointed by the board of regents on
21 recommendation of the commissioner.
22 2. The board of regents and the commissioner, in consultation with the
23 board, shall promulgate such rules and regulations as they deem neces-
24 sary and appropriate to effectuate the provisions of this article.
25 § 7854. Requirements for a professional license. 1. To qualify for a
26 license as a reflexologist, an applicant shall fulfill the following
27 requirements:
28 (a) Application: file an application with the department;
29 (b) Certificate: hold a current certificate from the American Reflex-
30 ology Certification Board (ARCB) or any other independent national
31 certification program approved by the board;
32 (c) Education: have received an education, including high school grad-
33 uation and graduation from a school or institute of reflexology with a
34 program registered by the department, or its substantial equivalent in
35 both subject matter and extent of training, provided that the program in
36 such a school or institute shall consist of training for a total of not
37 less than two hundred hours in subjects satisfactory to the department;
38 (d) Examination: pass an examination satisfactory to the board and in
39 accordance with the commissioner's regulations;
40 (e) Age: be at least eighteen years of age;
41 (f) Citizenship or immigration status: be a United States citizen or
42 an alien lawfully admitted for permanent residence in the United States;
43 (g) Character: be of good moral character as determined by the depart-
44 ment;
45 (h) Criminal background: submit a statement certifying that the appli-
46 cant has not been convicted in this state or in any other state for any
47 crime involving violence inflicted on a person or threatened against a
48 person, or any sexually-related crime; and
49 (i) Fees: pay fees required in rules adopted by the department and the
50 board of regents.
51 2. Licenses shall be valid for four years.
52 § 7855. Exempt persons. Nothing contained in this article shall be
53 construed to prohibit:
54 1. The practice of reflexology by any person who is authorized to
55 practice medicine, nursing, osteopathy, chiropractic, physiotherapy,
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1 podiatry or massage therapy in accordance with the provisions of this
2 title.
3 2. The practice of that form of massage which is customarily given in
4 barber shops or beauty parlors for the purpose of beautification by any
5 licensed barber or cosmetologist.
6 3. The practice of reflexology by any person employed in a medical
7 institution licensed or chartered by the state of New York, provided
8 that such person is under the on-site supervision of the person licensed
9 to practice reflexology or authorized to practice reflexology pursuant
10 to subdivision one of this section or by any person enrolled in the
11 program of a school or institute of reflexology registered by the
12 department or enrolled in a program which satisfies the requirements of
13 section seventy-eight hundred fifty-four of this article, provided that
14 such person is under the on-site supervision of a person licensed to
15 practice reflexology or authorized to practice reflexology pursuant to
16 subdivision one of this section.
17 § 7856. Limited permits. 1. The department may issue a limited permit
18 to practice reflexology as a licensed reflexologist to a person who has
19 not previously held such a permit and who fulfills all except the exam-
20 ination and citizenship requirements for a license, provided however
21 that a permit shall not be issued to a person who has failed the state
22 licensing examination.
23 2. The limited permit shall be valid for a period of not more than
24 twelve months or until the results of the next licensing examination for
25 which the person is eligible are officially available, whichever comes
26 first.
27 3. A limited permit shall entitle the holder to practice reflexology
28 only under the personal supervision of a person currently licensed to
29 practice reflexology in this state.
30 4. The fee for a limited permit shall be required and shall be as
31 adopted in the rules of the department and the board of regents.
32 § 7857. Special provisions. 1. Notwithstanding the requirements of
33 sections seventy-eight hundred fifty-four and seventy-eight hundred
34 fifty-six of this article, an individual currently engaging in the prac-
35 tice of reflexology may continue to practice after the effective date of
36 this article, when an individual fulfills all except the certification
37 and application requirements of section seventy-eight hundred fifty-four
38 of this article. Such individual shall have eighteen months to attain
39 such certification from the American Reflexology Certification Board and
40 apply for a license to practice reflexology.
41 2. For the purposes of subdivision one of this section, it shall be
42 determined that the filing of an application with the department on or
43 before the expiration of the eighteen month period shall qualify for
44 purposes of such subdivision, regardless of the time period required for
45 processing such application.
46 3. Any certification from the American Reflexology Certification Board
47 which has been issued prior to the effective date of this article shall
48 be deemed void and invalid if the holder has not met the educational
49 requirements of section seventy-eight hundred fifty-four of this arti-
50 cle.
51 § 2. The department of education shall transmit to the state comp-
52 troller for deposit in the special revenues account of the department of
53 education all fees submitted to such department pursuant to sections
54 7854 and 7855 of the education law as added by section one of this act.
55 § 3. This act shall take effect on the sixtieth day after it shall
56 have become a law.
