NY State Senate Bill 2009-S7516

Archive: Last Bill Status - In Senate Committee Higher Education Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Apr 16, 2010	referred to higher education

co-Sponsors

2009-S7516 (ACTIVE) - Details

See Assembly Version of this Bill:: A10076
Current Committee:: Senate Higher Education
Law Section:: Education Law
Laws Affected:: Add Art 155-A §§7850 - 7857, Ed L
Versions Introduced in 2011-2012 Legislative Session:: S4247

2009-S7516 (ACTIVE) - Summary

Provides for the licensure of reflexology practitioners.

2009-S7516 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S7516

 TITLE OF BILL :
An act to amend the education law, in relation to the licensure of
reflexology practitioners


 PURPOSE OR GENERAL IDEA OF BILL :
This bill requires that any person wishing to practice Reflexology in
the state of New York be allowed to do so as long as all criteria for
licensing be met.

 SUMMARY OF SPECIFIC PROVISIONS :
This bill introduces a new section §7850 to education law. The new
section 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, contains definitions.

Section § 7851, describes the terminology and how the terms relate to
being used in the law.

Section § 7852, requires that only a person licensed to perform
Reflexology may use the title "reflexologist."

Section § 7853,

Section 1. Creates a State Board of Reflexology.

Section 2. Provides that the Board of Regents and the Commissioner
shall promulgate rules and regulations to effectuate this article.

Section § 7854, sets forth the requirements for licensure.  Subsection
(1)sets forth the licensure requirements and subsection (2) sets a
limit of 4 years for the length of time of a valid license.

Section § 7855, sets forth exemptions from licensure requirements.
Exempt persons include: persons authorized to practice in a specific
medical field.  Further, 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 § 7856, allows limited permits that are for a period of time
not to exceed 12 months or until the next examination.

Section § 7857, allows for an individual currently engaging in the
practice of Reflexology to continue to practice after the effective
date by meeting certain criteria.

 JUSTIFICATION :
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 and could have wide-ranging and cost-effective benefits
in health care, from special care baby units through to care of the
elderly. 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
contraindications are known and that it is only carried 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 stimulated and work to revitalize and
harmonize the functions of the body therapy effecting a physiological
change. This bill recognizes Reflexology 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 :
None.

 FISCAL IMPLICATIONS :
None.

 EFFECTIVE DATE :
This act will take effect immediately.

2009-S7516 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  7516

                            I N  S E N A T E

                             April 16, 2010
                               ___________

Introduced  by  Sens.  SCHNEIDERMAN,  BRESLIN  -- read twice and ordered
  printed, and when printed to be committed to the Committee  on  Higher
  Education

AN  ACT  to  amend  the  education  law, in relation to the licensure of
  reflexology practitioners

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. The education law is amended by adding a new article 155-A
to read as follows:

                              ARTICLE 155-A
                               REFLEXOLOGY

SECTION 7850. INTRODUCTION.
        7851. DEFINITIONS.
        7852. PRACTICE OF REFLEXOLOGY AND USE OF TITLE "REFLEXOLOGIST".
        7853. STATE BOARD FOR REFLEXOLOGY.
        7854. REQUIREMENTS FOR A PROFESSIONAL LICENSE.
        7855. EXEMPT PERSONS.
        7856. LIMITED PERMITS.
        7857. SPECIAL PROVISIONS.
  S 7850. INTRODUCTION.  THIS  ARTICLE  APPLIES  TO  THE  PROFESSION  OF
REFLEXOLOGY.  THE  GENERAL  PROVISIONS  FOR ALL PROFESSIONS CONTAINED IN
ARTICLE ONE HUNDRED THIRTY OF THIS TITLE APPLY TO THIS ARTICLE.
  S 7851. DEFINITIONS. AS USED IN THIS ARTICLE THE FOLLOWING TERMS SHALL
HAVE THE FOLLOWING MEANINGS:
  1. "BOARD" IS THE STATE BOARD FOR REFLEXOLOGY AS  CREATED  BY  SECTION
SEVENTY-EIGHT HUNDRED FIFTY-THREE OF THIS ARTICLE.
  2. "PRACTITIONER" MEANS A PERSON WHO PRACTICES REFLEXOLOGY FOR COMPEN-
SATION  AND  WHO  HOLDS CURRENT CERTIFICATION FROM AN ENTITY APPROVED BY
THE COMMISSIONER.
  3. "REFLEXOLOGY" IS THE SYSTEMATIC APPLICATION OF ALTERNATING PRESSURE
BY THE USE OF THE PRACTITIONER'S HANDS, THUMBS  AND  FINGERS  TO  REFLEX
POINTS  ON  AN INDIVIDUAL'S HANDS, FEET OR EARS, USING ALTERNATING PRES-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

                                                           LBD16145-01-0

S. 7516                             2

SURE AND SUCH TECHNIQUES AS THUMB AND FINGER WALKING, HOOK AND BACK  UP,
AND ROTATION ON A REFLEX FOR THE PURPOSE OF HEALTH PROMOTION.
  S 7852. PRACTICE OF REFLEXOLOGY AND USE OF TITLE "REFLEXOLOGIST". ONLY
A  PERSON LICENSED OR AUTHORIZED PURSUANT TO THIS ARTICLE SHALL PRACTICE
REFLEXOLOGY AND ONLY A PERSON SO LICENSED SHALL USE THE TITLE "REFLEXOL-
OGIST". NO PERSON, FIRM, PARTNERSHIP, OR CORPORATION SHALL DESCRIBE  ITS
SERVICES  IN  ANY  MANNER  UNDER  THE  TITLE  "REFLEXOLOGY"  UNLESS SUCH
SERVICES AS  DEFINED  BY  SUBDIVISION  THREE  OF  SECTION  SEVENTY-EIGHT
HUNDRED  FIFTY-ONE OF THIS ARTICLE ARE PERFORMED BY A PERSON LICENSED OR
AUTHORIZED PURSUANT TO THIS ARTICLE.
  S 7853. STATE BOARD FOR REFLEXOLOGY. 1. A STATE BOARD FOR  REFLEXOLOGY
SHALL  BE APPOINTED BY THE BOARD OF REGENTS ON THE RECOMMENDATION OF THE
COMMISSIONER FOR THE PURPOSE OF ASSISTING THE BOARD OF REGENTS  AND  THE
DEPARTMENT ON MATTERS OF PROFESSIONAL LICENSING AND PROFESSIONAL CONDUCT
IN  ACCORDANCE  WITH SECTION SIXTY-FIVE HUNDRED EIGHT OF THIS TITLE. THE
BOARD SHALL BE COMPOSED OF NOT LESS THAN SEVEN  PERSONS,  FOUR  OF  WHOM
SHALL HAVE BEEN ENGAGED IN THE TEACHING, RESEARCH OR PRACTICE OF REFLEX-
OLOGY FOR AT LEAST THREE YEARS, TWO OF WHOM SHALL BE PHYSICIANS OR NURS-
ES  LICENSED  IN THIS STATE AND ONE WHO SHALL BE A PUBLIC MEMBER REPRES-
ENTING THE CONSUMER AND COMMUNITY. AN EXECUTIVE SECRETARY TO  THE  BOARD
SHALL  BE  APPOINTED  BY  THE  BOARD OF REGENTS ON RECOMMENDATION OF THE
COMMISSIONER.
  2. THE BOARD OF REGENTS AND THE COMMISSIONER, IN CONSULTATION WITH THE
STATE BOARD OF REFLEXOLOGY, SHALL PROMULGATE SUCH RULES AND  REGULATIONS
AS  THEY  DEEM NECESSARY AND APPROPRIATE TO EFFECTUATE THE PROVISIONS OF
THIS ARTICLE.
  S 7854. REQUIREMENTS FOR A PROFESSIONAL LICENSE. 1. TO QUALIFY  FOR  A
LICENSE  AS  A  REFLEXOLOGIST,  AN APPLICANT SHALL FULFILL THE FOLLOWING
REQUIREMENTS:
  (A) APPLICATION: FILE AN APPLICATION WITH THE DEPARTMENT;
  (B) CERTIFICATE: HOLD A CURRENT CERTIFICATE FROM THE AMERICAN  REFLEX-
OLOGY  CERTIFICATION  BOARD  (ARCB)  OR  ANY  OTHER INDEPENDENT NATIONAL
CERTIFICATION PROGRAM APPROVED BY THE BOARD;
  (C) EDUCATION: HAVE RECEIVED AN EDUCATION, INCLUDING HIGH SCHOOL GRAD-
UATION AND GRADUATION FROM A SCHOOL OR INSTITUTE OF REFLEXOLOGY WITH THE
PROGRAM REGISTERED BY THE DEPARTMENT, OR ITS SUBSTANTIAL  EQUIVALENT  IN
BOTH SUBJECT MATTER AND EXTENT OF TRAINING, PROVIDED THAT THE PROGRAM IN
SUCH  A SCHOOL OR INSTITUTE SHALL CONSIST OF TRAINING FOR A TOTAL OF NOT
LESS THAN TWO HUNDRED HOURS IN SUBJECTS SATISFACTORY TO THE DEPARTMENT;
  (D) EXAMINATION: PASS AN EXAMINATION SATISFACTORY TO THE BOARD AND  IN
ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS;
  (E) AGE: BE AT LEAST EIGHTEEN YEARS OF AGE;
  (F)  CITIZENSHIP  OR IMMIGRATION STATUS: BE A UNITED STATES CITIZEN OR
AN ALIEN LAWFULLY ADMITTED FOR PERMANENT RESIDENCE IN THE UNITED STATES;
  (G) CHARACTER: BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE DEPART-
MENT;
  (H) CRIMINAL BACKGROUND: SUBMIT A STATEMENT CERTIFYING THAT THE APPLI-
CANT HAS NOT BEEN CONVICTED IN NEW YORK OR IN ANY OTHER  STATE  FOR  ANY
CRIME  INVOLVING  VIOLENCE INFLICTED ON A PERSON OR THREATENED AGAINST A
PERSON, OR ANY SEXUALLY-RELATED CRIME; AND
  (I) FEES: PAY FEES REQUIRED IN RULES ADOPTED BY THE DEPARTMENT AND THE
BOARD OF REGENTS.
  2. LICENSES SHALL BE VALID FOR FOUR YEARS.
  S 7855. EXEMPT PERSONS. NOTHING CONTAINED IN  THIS  ARTICLE  SHALL  BE
CONSTRUED TO PROHIBIT:

S. 7516                             3

  1.  THE  PRACTICE  OF  REFLEXOLOGY  BY ANY PERSON WHO IS AUTHORIZED TO
PRACTICE MEDICINE,  NURSING,  OSTEOPATHY,  CHIROPRACTIC,  PHYSIOTHERAPY,
PODIATRY,  OR  MASSAGE THERAPY IN ACCORDANCE WITH THE PROVISIONS OF THIS
TITLE.
  2.  THE  PRACTICE OF REFLEXOLOGY BY ANY PERSON EMPLOYED IN THE MEDICAL
INSTITUTION LICENSED OR CHARTERED BY THE STATE  OF  NEW  YORK,  PROVIDED
THAT SUCH PERSON IS UNDER THE ON-SITE SUPERVISION OF THE PERSON LICENSED
TO  PRACTICE REFLEXOLOGY OR AUTHORIZED TO PRACTICE REFLEXOLOGY BY SUBDI-
VISION ONE OF THIS SECTION OR BY ANY PERSON ENROLLED IN THE PROGRAM OF A
SCHOOL OR INSTITUTE OF  REFLEXOLOGY  REGISTERED  BY  THE  DEPARTMENT  OR
ENROLLED IN A PROGRAM WHICH SATISFIES THE REQUIREMENTS OF SECTION SEVEN-
TY-EIGHT  HUNDRED  FIFTY-FOUR OF THIS ARTICLE, PROVIDED THAT SUCH PERSON
IS UNDER THE ON-SITE  SUPERVISION  OF  A  PERSON  LICENSED  TO  PRACTICE
REFLEXOLOGY  OR AUTHORIZED TO PRACTICE REFLEXOLOGY BY SUBDIVISION ONE OF
THIS SECTION.
  S 7856. LIMITED PERMITS. 1. THE DEPARTMENT MAY ISSUE A LIMITED  PERMIT
TO  PRACTICE REFLEXOLOGY AS A LICENSED REFLEXOLOGIST TO A PERSON WHO HAS
NOT PREVIOUSLY HELD SUCH A PERMIT AND WHO FULFILLS ALL EXCEPT THE  EXAM-
INATION  AND  CITIZENSHIP  REQUIREMENTS  FOR A LICENSE, PROVIDED HOWEVER
THAT A PERMIT SHALL NOT BE ISSUED TO A PERSON WHO HAS FAILED  THE  STATE
LICENSING EXAMINATION.
  2.  THE  LIMITED  PERMIT  SHALL BE VALID FOR A PERIOD OF NOT MORE THAN
TWELVE MONTHS OR UNTIL THE RESULTS OF THE NEXT LICENSING EXAMINATION FOR
WHICH THE PERSON IS ELIGIBLE ARE OFFICIALLY AVAILABLE,  WHICHEVER  COMES
FIRST.
  3.  A  LIMITED PERMIT SHALL ENTITLE THE HOLDER TO PRACTICE REFLEXOLOGY
ONLY UNDER THE PERSONAL SUPERVISION OF A PERSON CURRENTLY  LICENSED  AND
REGISTERED TO PRACTICE REFLEXOLOGY IN THIS STATE.
  4.  THE  FEE  FOR  A  LIMITED PERMIT SHALL BE REQUIRED AND SHALL BE AS
ADOPTED IN THE RULES OF THE DEPARTMENT AND THE BOARD OF REGENTS.
  S 7857. SPECIAL PROVISIONS. 1.  NOTWITHSTANDING  THE  REQUIREMENTS  OF
SECTIONS  SEVENTY-EIGHT  HUNDRED  FIFTY-FOUR  AND  SEVENTY-EIGHT HUNDRED
FIFTY-SIX OF THIS ARTICLE, AN INDIVIDUAL CURRENTLY ENGAGING IN THE PRAC-
TICE OF REFLEXOLOGY MAY CONTINUE TO PRACTICE AFTER THE EFFECTIVE DATE OF
THIS ARTICLE, AS FOLLOWS:
  IN THE CASE OF AN INDIVIDUAL WHO FULFILLS ALL EXCEPT THE CERTIFICATION
AND APPLICATION REQUIREMENTS OF SECTION SEVENTY-EIGHT HUNDRED FIFTY-FOUR
OF THIS ARTICLE, SUCH PERSON SHALL HAVE EIGHTEEN MONTHS TO  ATTAIN  SUCH
CERTIFICATION  FROM THE ARCB AND APPLY FOR A LICENSE TO PRACTICE REFLEX-
OLOGY.
  2. FOR THE PURPOSES OF SUBDIVISION ONE OF THIS SECTION,  IT  SHALL  BE
DETERMINED  THAT  THE FILING OF AN APPLICATION WITH THE DEPARTMENT ON OR
BEFORE THE EXPIRATION OF THE EIGHTEEN MONTH  PERIOD  SHALL  QUALIFY  FOR
PURPOSES OF SUCH SUBDIVISION, REGARDLESS OF THE TIME PERIOD REQUIRED FOR
PROCESSING SUCH APPLICATION.
  3.  ANY CERTIFICATION FROM THE ARCB WHICH HAS BEEN ISSUED PRIOR TO THE
EFFECTIVE DATE OF THIS ARTICLE SHALL BE DEEMED VOID AND INVALID  IF  THE
HOLDER HAS NOT MET THE EDUCATIONAL REQUIREMENTS OF SECTION SEVENTY-EIGHT
HUNDRED FIFTY-FOUR OF THIS ARTICLE.
  S  2.  The  department  of education shall transmit to the state comp-
troller for deposit in the special revenues account of  such  department
of  education all fees submitted to such department pursuant to sections
7854 and 7855 of the education law as added by section one of this act.
  S 3. This act shall take effect immediately.

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Senate Bill S7516

Sponsored By

Archive: Last Bill Status - In Senate Committee Higher Education Committee

co-Sponsors

2009-S7516 (ACTIVE) - Details

2009-S7516 (ACTIVE) - Summary

2009-S7516 (ACTIVE) - Sponsor Memo

2009-S7516 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S7516

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Sponsored By

Eric T. Schneiderman

Archive: Last Bill Status - In Senate Committee Higher Education Committee

co-Sponsors

Neil D. Breslin

2009-S7516 (ACTIVE) - Details

2009-S7516 (ACTIVE) - Summary

2009-S7516 (ACTIVE) - Sponsor Memo

2009-S7516 (ACTIVE) - Bill Text download pdf

Comments