Amd SS8211, 8213, 8214, 8216 & 6507, add S8217, Ed L; amd S413, Soc Serv L
Relates to the licensing of acupuncturists and the practice of the profession of acupuncture; further establishes acupuncturists as mandatory reporters of suspected cases of child abuse and maltreatment.
STATE OF NEW YORK
________________________________________________________________________
5219
2011-2012 Regular Sessions
IN ASSEMBLY
February 14, 2011
___________
Introduced by M. of A. MENG, COOK, ENGLEBRIGHT, CLARK, GALEF, NOLAN,
COLTON, MAGNARELLI -- Multi-Sponsored by -- M. of A. CAHILL, MAGEE,
McENENY, PHEFFER, ROBINSON, TITONE, TOWNS -- read once and referred to
the Committee on Higher Education
AN ACT to amend the education law and the social services law, in
relation to the licensing of acupuncturists and the practice of the
profession of acupuncture, and establishing acupuncturists as mandato-
ry reporters of suspected cases of child abuse and maltreatment
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraph (a) of subdivision 1 of section 8211 of the
2 education law, as added by chapter 772 of the laws of 1990, is amended
3 to read as follows:
4 (a) "Profession of acupuncture" is the treating, by means of mechan-
5 ical, thermal or electrical stimulation effected by the insertion of
6 needles or by the application of heat, pressure or electrical stimu-
7 lation at a point or combination of points on the surface of the body
8 predetermined on the basis of the theory of the physiological interre-
9 lationship of body organs with an associated point or combination of
10 points for diseases, disorders and dysfunctions of the body for the
11 purpose of achieving a therapeutic or prophylactic effect. The profes-
12 sion of acupuncture includes recommendation of traditional remedies and
13 supplements including, but not limited to, the recommendation of diet,
14 herbs and natural products, and their preparation in accordance with
15 traditional and modern practices of modern East Asian or Oriental
16 (Chinese, Korean or Japanese) medical theory. Any acupuncturist whose
17 practice includes the recommendation of custom-made remedies or herbal
18 formulations shall be subject to the requirement imposed by the
19 provisions of subdivision eight-a of section eighty-two hundred fourteen
20 of this article.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD05555-01-1
A. 5219 2
1 § 2. Subdivision 1 of section 8213 of the education law, as added by
2 chapter 772 of the laws of 1990, is amended to read as follows:
3 (1)(a) There is hereby established within the department a state board
4 for acupuncture. [The] On and before September thirtieth, two thousand
5 thirteen, the board shall consist of not less than eleven members to be
6 appointed by the board of regents on the recommendation of the commis-
7 sioner for the purpose of assisting the board of regents and the depart-
8 ment on matters of professional licensing and professional conduct in
9 accordance with section sixty-five hundred eight of this [chapter]
10 title, four of whom shall be licensed acupuncturists, four of whom shall
11 be licensed physicians certified to use acupuncture and three of whom
12 shall be public members representing the consumer and community. [Of the
13 acupuncturists first appointed to the board, one may be a registered
14 specialist's assistant-acupuncture provided that the term of such regis-
15 tered specialist's assistant-acupuncture shall not be more than four
16 years.] Of the members first appointed, three shall be appointed for a
17 one year term, three shall be appointed for a two year term and three
18 shall be appointed for a three year term, and two shall be appointed for
19 a four year term. Thereafter all members shall serve for five year
20 terms. In the event that more than eleven members are appointed, a
21 majority of the additional members shall be licensed acupuncturists. The
22 members of the board shall select one of themselves as chairman to serve
23 for a one year term.
24 (b) On and after October first, two thousand thirteen, the board shall
25 consist of not less than twelve members appointed as specified in para-
26 graph (a) of this subdivision, except that at least six of such members
27 shall be licensed acupuncturists, three of such members shall be
28 licensed physicians certified to use acupuncture and three of whom shall
29 be public members representing the consumer and community. No member who
30 is a licensed physician certified to use acupuncture and who is serving
31 on the board on the effective date of this paragraph shall be required
32 to vacate his or her position as a member of the board as a result of
33 the reduction in such physician members from four to three as specified
34 in this paragraph, but such change in composition shall be made upon the
35 expiration of terms of office, or vacancies in office, occurring on and
36 after such date.
37 § 3. Subdivision 8 of section 8214 of the education law, as added by
38 chapter 772 of the laws of 1990, is amended and a new subdivision 8-a is
39 added to read as follows:
40 (8) Registration: if a license is granted, register triennially with
41 the department, including present home and business address and such
42 other pertinent information as the department requires[.]; and
43 (8-a) Special requirement for recommendation of custom-made remedies
44 or herbal formulations: on and after October first, two thousand thir-
45 teen, an applicant whose professional conduct in connection with the
46 practice of acupuncture shall include the recommendation of custom-made
47 remedies or herbal formulations must submit evidence of successful
48 passage of the herbal examination module of a national professional
49 organization in the field of acupuncture recognized for this purpose by
50 the commissioner.
51 § 4. Section 8216 of the education law is amended by adding a new
52 subdivision 8 to read as follows:
53 (8) Any person who is an acupuncturist licensed to practice acupunc-
54 ture in another state or country may practice acupuncture in this state
55 without a license if he or she is conducting a teaching clinical demon-
56 stration in this state in connection with a program of basic clinical
A. 5219 3
1 education, graduate education, or post-graduate education in an approved
2 school of acupuncture or in its affiliated clinical facility or health
3 care agency, or before a group of licensed acupuncturists who are
4 members of a professional society.
5 § 5. The education law is amended by adding a new section 8217 to read
6 as follows:
7 § 8217. Mandatory continuing education. 1. (a) Each licensed acupunc-
8 turist required under article one hundred thirty of this chapter to
9 register triennially with the department to practice in the state shall
10 comply with provisions of the mandatory continuing education require-
11 ments prescribed in subdivision two of this section except as set forth
12 in paragraphs (b) and (c) of this subdivision. Acupuncturists who do not
13 satisfy the mandatory continuing education requirements shall not prac-
14 tice until they have met such requirements, except that an acupuncturist
15 may practice without having met such requirements if he or she is issued
16 a conditional registration certificate as specified in subdivision three
17 of this section.
18 (b) Acupuncturists shall be exempt from the mandatory continuing
19 education requirement for the triennial registration period during which
20 they are first licensed. In accord with the intent of this section,
21 adjustment to the mandatory continuing education requirement may be
22 granted by the department for reasons of health certified by an appro-
23 priate health care professional, for extended active duty with the armed
24 forces of the United States, or for other good cause acceptable to the
25 department which may prevent compliance.
26 (c) A licensed acupuncturist not engaged in practice as determined by
27 the department, shall be exempt from the mandatory continuing education
28 requirement upon the filing of a statement with the department declaring
29 such status. Any licensee who returns to the practice of acupuncture
30 during the triennial registration period shall notify the department
31 prior to reentering the profession and shall meet such mandatory educa-
32 tion requirements as shall be prescribed by regulations of the commis-
33 sioner.
34 2. During each triennial registration period an applicant for regis-
35 tration shall complete a minimum of thirty-six hours of acceptable
36 formal continuing education, as specified in subdivision four of this
37 section, provided that no more than eighteen hours of such continuing
38 education shall consist of self-study courses. Any acupuncturist whose
39 first registration date following the effective date of this section
40 occurs less than three years from such effective date, but on or after
41 October first, two thousand thirteen, shall complete continuing educa-
42 tion hours on a prorated basis at the rate of one hour per month for the
43 period beginning October first, two thousand thirteen up to the first
44 registration date thereafter, but no acupuncturist shall in any event be
45 required to complete less than six hours of continuing education. A
46 licensee who has not satisfied the mandatory continuing education
47 requirements shall not be issued a triennial registration certificate by
48 the department and shall not practice unless and until a conditional
49 registration certificate is issued as provided for in subdivision three
50 of this section. Continuing education hours taken during one triennium
51 may not be transferred to a subsequent triennium. The mandatory contin-
52 uing education fee shall be thirty dollars, shall be payable on or
53 before the first day of each triennial registration period, and shall be
54 paid in addition to the triennial registration fee required by section
55 sixty-seven hundred thirty-four of this title.
A. 5219 4
1 3. The department, in its discretion, may issue a conditional regis-
2 tration to a licensee who fails to meet the continuing education
3 requirements established in subdivision two of this section but who
4 agrees to make up any deficiencies and complete any additional education
5 which the department may require. The fee for such a conditional regis-
6 tration shall be the same as, and in addition to, the fee for the trien-
7 nial registration. The duration of such conditional registration shall
8 be determined by the department but shall not exceed one year. Any
9 licensee who is notified of the denial of registration for failure to
10 submit evidence, satisfactory to the department, of required continuing
11 education and who practices acupuncture without such registration, may
12 be subject to disciplinary proceedings pursuant to section sixty-five
13 hundred ten of this title.
14 4. (a) As used in subdivision two of this section, "acceptable formal
15 continuing education" shall mean formal courses of learning which
16 contribute to professional practice in acupuncture and which meet the
17 standards prescribed by regulations of the commissioner. The department
18 may, in its discretion and as needed to contribute to the health and
19 welfare of the public, require the completion of continuing education
20 courses in specific subjects. To fulfill this mandatory continuing
21 education requirement, courses shall be taken from a sponsor approved by
22 the department, pursuant to the regulations of the commissioner or
23 otherwise qualify pursuant to paragraph (b) of this subdivision.
24 (b) Any acupuncturist who (i) is a professor, assistant professor,
25 adjunct professor or instructor at an institution of higher education
26 located in this state or (ii) is sponsored by an approved institution or
27 association and who serves as an instructor in a course of continuing
28 education which is approved as specified in the standards established by
29 the commissioner, may receive continuing education credit for courses in
30 which he or she serves as the instructor. For every twelve hours of
31 in-class instruction, such acupuncturist shall receive one hour of
32 continuing education credit, up to a maximum of eighteen hours, for any
33 triennial period. Evidence of such instruction shall be submitted, and
34 credit approved, as specified by the commissioner.
35 5. Acupuncturists shall maintain adequate documentation of completion
36 of acceptable formal continuing education and shall provide such
37 documentation at the request of the department. Failure to provide such
38 documentation upon the request of the department shall be an act of
39 misconduct subject to disciplinary proceedings pursuant to section
40 sixty-five hundred ten of this title.
41 § 6. Paragraph a of subdivision 3 of section 6507 of the education
42 law, as amended by chapter 356 of the laws of 2006, is amended to read
43 as follows:
44 a. Establish standards for preprofessional and professional education,
45 experience and licensing examinations as required to implement the arti-
46 cle for each profession. Notwithstanding any other provision of law, the
47 commissioner shall establish standards requiring that all persons apply-
48 ing, on or after January first, nineteen hundred ninety-one, initially,
49 or for the renewal of, a license, registration or limited permit to be a
50 physician, chiropractor, dentist, registered nurse, podiatrist, acupunc-
51 turist, optometrist, psychiatrist, psychologist, licensed master social
52 worker, licensed clinical social worker, licensed creative arts thera-
53 pist, licensed marriage and family therapist, licensed mental health
54 counselor, licensed psychoanalyst, or dental hygienist shall, in addi-
55 tion to all the other licensure, certification or permit requirements,
56 have completed two hours of coursework or training regarding the iden-
A. 5219 5
1 tification and reporting of child abuse and maltreatment. The coursework
2 or training shall be obtained from an institution or provider which has
3 been approved by the department to provide such coursework or training.
4 The coursework or training shall include information regarding the phys-
5 ical and behavioral indicators of child abuse and maltreatment and the
6 statutory reporting requirements set out in sections four hundred thir-
7 teen through four hundred twenty of the social services law, including
8 but not limited to, when and how a report must be made, what other
9 actions the reporter is mandated or authorized to take, the legal
10 protections afforded reporters, and the consequences for failing to
11 report. Such coursework or training may also include information regard-
12 ing the physical and behavioral indicators of the abuse of individuals
13 with mental retardation and other developmental disabilities and volun-
14 tary reporting of abused or neglected adults to the office of mental
15 retardation and developmental disabilities or the local adult protective
16 services unit. Each applicant shall provide the department with documen-
17 tation showing that he or she has completed the required training. The
18 department shall provide an exemption from the child abuse and maltreat-
19 ment training requirements to any applicant who requests such an
20 exemption and who shows, to the department's satisfaction, that there
21 would be no need because of the nature of his or her practice for him or
22 her to complete such training;
23 § 7. Paragraph (a) of subdivision 1 of section 413 of the social
24 services law, as separately amended by chapters 323 and 366 of the laws
25 of 2008, is amended to read as follows:
26 (a) The following persons and officials are required to report or
27 cause a report to be made in accordance with this title when they have
28 reasonable cause to suspect that a child coming before them in their
29 professional or official capacity is an abused or maltreated child, or
30 when they have reasonable cause to suspect that a child is an abused or
31 maltreated child where the parent, guardian, custodian or other person
32 legally responsible for such child comes before them in their profes-
33 sional or official capacity and states from personal knowledge facts,
34 conditions or circumstances which, if correct, would render the child an
35 abused or maltreated child: any physician; registered physician assist-
36 ant; surgeon; medical examiner; coroner; dentist; dental hygienist;
37 osteopath; optometrist; chiropractor; podiatrist; acupuncturist; resi-
38 dent; intern; psychologist; registered nurse; social worker; emergency
39 medical technician; licensed creative arts therapist; licensed marriage
40 and family therapist; licensed mental health counselor; licensed psycho-
41 analyst; hospital personnel engaged in the admission, examination, care
42 or treatment of persons; a Christian Science practitioner; school offi-
43 cial, which includes but is not limited to school teacher, school guid-
44 ance counselor, school psychologist, school social worker, school nurse,
45 school administrator or other school personnel required to hold a teach-
46 ing or administrative license or certificate; social services worker;
47 day care center worker; school-age child care worker; provider of family
48 or group family day care; employee or volunteer in a residential care
49 facility defined in subdivision four of section four hundred twelve-a of
50 this title or any other child care or foster care worker; mental health
51 professional; substance abuse counselor; alcoholism counselor; all
52 persons credentialed by the office of alcoholism and substance abuse
53 services; peace officer; police officer; district attorney or assistant
54 district attorney; investigator employed in the office of a district
55 attorney; or other law enforcement official.
A. 5219 6
1 § 8. This act shall take effect October 1, 2013; provided, however,
2 that effective immediately, the state education department is authorized
3 to take such steps in advance of such effective date, including the
4 addition, amendment and/or repeal of any rule or regulation as may be
5 necessary, to ensure the timely implementation of the provisions of this
6 act on such effective date.
