S T A T E O F N E W Y O R K
________________________________________________________________________
4470--A
2013-2014 Regular Sessions
I N A S S E M B L Y
February 5, 2013
___________
Introduced by M. of A. GOTTFRIED, COOK, ENGLEBRIGHT, CLARK, GALEF,
COLTON, MAGNARELLI, OTIS, QUART -- Multi-Sponsored by -- M. of A.
CAHILL, MAGEE -- read once and referred to the Committee on Higher
Education -- recommitted to the Committee on Higher Education in
accordance with Assembly Rule 3, sec. 2 -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee
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:
Section 1. Paragraph (a) of subdivision 1 of section 8211 of the
education law, as added by chapter 772 of the laws of 1990, is amended
and a new paragraph (c) is added to read as follows:
(a) "Profession of acupuncture" is the treating, by means of mechan-
ical, thermal or electrical stimulation effected by the insertion of
needles or by the application of heat, pressure or electrical stimu-
lation at a point or combination of points on the surface of the body
predetermined on the basis of the theory of the physiological interre-
lationship of body organs with an associated point or combination of
points for diseases, disorders and dysfunctions of the body for the
purpose of achieving a therapeutic or prophylactic effect. THE PROFES-
SION OF ACUPUNCTURE INCLUDES RECOMMENDATION OF TRADITIONAL REMEDIES AND
SUPPLEMENTS INCLUDING, BUT NOT LIMITED TO, THE RECOMMENDATION OF DIET,
HERBS AND NATURAL PRODUCTS, AND THEIR PREPARATION IN ACCORDANCE WITH
TRADITIONAL AND MODERN PRACTICES OF MODERN EAST ASIAN OR ORIENTAL
(CHINESE, KOREAN OR JAPANESE) MEDICAL THEORY. ANY ACUPUNCTURIST WHOSE
PRACTICE INCLUDES THE RECOMMENDATION OF CUSTOM-MADE REMEDIES OR HERBAL
FORMULATIONS SHALL BE SUBJECT TO THE REQUIREMENT IMPOSED BY THE
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01256-05-4
A. 4470--A 2
PROVISIONS OF SUBDIVISION EIGHT-A OF SECTION EIGHTY-TWO HUNDRED FOURTEEN
OF THIS ARTICLE.
(C) NOTHING HEREIN SHALL BE CONSTRUED TO PROHIBIT AN INDIVIDUAL WHO IS
NOT SUBJECT TO REGULATION IN THIS STATE AS A LICENSED ACUPUNCTURIST FROM
ENGAGING IN THE RECOMMENDATION OF TRADITIONAL REMEDIES AND SUPPLEMENTS
AS DEFINED HEREIN.
S 2. Subdivision 1 of section 8213 of the education law, as added by
chapter 772 of the laws of 1990, is amended to read as follows:
(1)(A) There is hereby established within the department a state board
for acupuncture. [The] ON AND BEFORE SEPTEMBER THIRTIETH, TWO THOUSAND
FIFTEEN, THE board shall consist of not less than eleven members to be
appointed by the board of regents on the recommendation of the commis-
sioner for the purpose of assisting the board of regents and the depart-
ment on matters of professional licensing and professional conduct in
accordance with section sixty-five hundred eight of this [chapter]
TITLE, four of whom shall be licensed acupuncturists, four of whom shall
be licensed physicians certified to use acupuncture and three of whom
shall be public members representing the consumer and community. [Of the
acupuncturists first appointed to the board, one may be a registered
specialist's assistant-acupuncture provided that the term of such regis-
tered specialist's assistant-acupuncture shall not be more than four
years.] Of the members first appointed, three shall be appointed for a
one year term, three shall be appointed for a two year term and three
shall be appointed for a three year term, and two shall be appointed for
a four year term. Thereafter all members shall serve for five year
terms. In the event that more than eleven members are appointed, a
majority of the additional members shall be licensed acupuncturists. The
members of the board shall select one of themselves as chairman to serve
for a one year term.
(B) ON AND AFTER OCTOBER FIRST, TWO THOUSAND FIFTEEN, THE BOARD SHALL
CONSIST OF NOT LESS THAN TWELVE MEMBERS APPOINTED AS SPECIFIED IN PARA-
GRAPH (A) OF THIS SUBDIVISION, EXCEPT THAT AT LEAST SIX OF SUCH MEMBERS
SHALL BE LICENSED ACUPUNCTURISTS, THREE OF SUCH MEMBERS SHALL BE
LICENSED PHYSICIANS CERTIFIED TO USE ACUPUNCTURE AND THREE OF WHOM SHALL
BE PUBLIC MEMBERS REPRESENTING THE CONSUMER AND COMMUNITY. NO MEMBER WHO
IS A LICENSED PHYSICIAN CERTIFIED TO USE ACUPUNCTURE AND WHO IS SERVING
ON THE BOARD ON THE EFFECTIVE DATE OF THIS PARAGRAPH SHALL BE REQUIRED
TO VACATE HIS OR HER POSITION AS A MEMBER OF THE BOARD AS A RESULT OF
THE REDUCTION IN SUCH PHYSICIAN MEMBERS FROM FOUR TO THREE AS SPECIFIED
IN THIS PARAGRAPH, BUT SUCH CHANGE IN COMPOSITION SHALL BE MADE UPON THE
EXPIRATION OF TERMS OF OFFICE, OR VACANCIES IN OFFICE, OCCURRING ON AND
AFTER SUCH DATE.
S 3. Subdivision 8 of section 8214 of the education law, as added by
chapter 772 of the laws of 1990, is amended and two new subdivisions 8-a
and 9 are added to read as follows:
(8) Registration: if a license is granted, register triennially with
the department, including present home and business address and such
other pertinent information as the department requires[.];
(8-A) SPECIAL REQUIREMENT FOR RECOMMENDATION OF CUSTOM-MADE REMEDIES
OR HERBAL FORMULATIONS: ON AND AFTER OCTOBER FIRST, TWO THOUSAND
FIFTEEN, AN APPLICANT WHOSE PROFESSIONAL CONDUCT IN CONNECTION WITH THE
PRACTICE OF ACUPUNCTURE SHALL INCLUDE THE RECOMMENDATION OF CUSTOM-MADE
REMEDIES OR HERBAL FORMULATIONS MUST SUBMIT EVIDENCE OF SUCCESSFUL
PASSAGE OF THE HERBAL EXAMINATION MODULE OF A NATIONAL PROFESSIONAL
ORGANIZATION IN THE FIELD OF ACUPUNCTURE RECOGNIZED FOR THIS PURPOSE BY
THE COMMISSIONER; AND
A. 4470--A 3
(9) CERTIFICATES OF HERBAL PRACTICE: 1. NO ACUPUNCTURIST SHALL
DISPENSE OR RECOMMEND CUSTOM-MADE REMEDIES OR CUSTOM-MADE HERBAL FORMU-
LATIONS WITHOUT A CERTIFICATE OF HERBAL PRACTICE ISSUED BY THE DEPART-
MENT PURSUANT TO REGULATIONS OF THE COMMISSIONER.
2. THE FEE FOR A CERTIFICATE OF AUTHORITY SHALL BE DETERMINED BY THE
COMMISSIONER AND SHALL BE PAID ON A TRIENNIAL BASIS. A CERTIFICATE MAY
BE SUSPENDED OR REVOKED IN THE SAME MANNER AS A LICENSE TO PRACTICE
ACUPUNCTURE.
S 4. Section 8216 of the education law is amended by adding a new
subdivision 8 to read as follows:
(8) ANY PERSON WHO IS AN ACUPUNCTURIST LICENSED TO PRACTICE ACUPUNC-
TURE IN ANOTHER STATE OR COUNTRY MAY PRACTICE ACUPUNCTURE IN THIS STATE
WITHOUT A LICENSE IF HE OR SHE IS CONDUCTING A TEACHING CLINICAL DEMON-
STRATION IN THIS STATE IN CONNECTION WITH A PROGRAM OF BASIC CLINICAL
EDUCATION, GRADUATE EDUCATION, OR POST-GRADUATE EDUCATION IN AN APPROVED
SCHOOL OF ACUPUNCTURE OR IN ITS AFFILIATED CLINICAL FACILITY OR HEALTH
CARE AGENCY, OR BEFORE A GROUP OF LICENSED ACUPUNCTURISTS WHO ARE
MEMBERS OF A PROFESSIONAL SOCIETY.
S 5. The education law is amended by adding a new section 8217 to read
as follows:
S 8217. MANDATORY CONTINUING EDUCATION. 1. (A) EACH LICENSED ACUPUNC-
TURIST REQUIRED UNDER ARTICLE ONE HUNDRED THIRTY OF THIS CHAPTER TO
REGISTER TRIENNIALLY WITH THE DEPARTMENT TO PRACTICE IN THE STATE SHALL
COMPLY WITH PROVISIONS OF THE MANDATORY CONTINUING EDUCATION REQUIRE-
MENTS PRESCRIBED IN SUBDIVISION TWO OF THIS SECTION EXCEPT AS SET FORTH
IN PARAGRAPHS (B) AND (C) OF THIS SUBDIVISION. ACUPUNCTURISTS WHO DO NOT
SATISFY THE MANDATORY CONTINUING EDUCATION REQUIREMENTS SHALL NOT PRAC-
TICE UNTIL THEY HAVE MET SUCH REQUIREMENTS, EXCEPT THAT AN ACUPUNCTURIST
MAY PRACTICE WITHOUT HAVING MET SUCH REQUIREMENTS IF HE OR SHE IS ISSUED
A CONDITIONAL REGISTRATION CERTIFICATE AS SPECIFIED IN SUBDIVISION THREE
OF THIS SECTION.
(B) ACUPUNCTURISTS SHALL BE EXEMPT FROM THE MANDATORY CONTINUING
EDUCATION REQUIREMENT FOR THE TRIENNIAL REGISTRATION PERIOD DURING WHICH
THEY ARE FIRST LICENSED. IN ACCORD WITH THE INTENT OF THIS SECTION,
ADJUSTMENT TO THE MANDATORY CONTINUING EDUCATION REQUIREMENT MAY BE
GRANTED BY THE DEPARTMENT FOR REASONS OF HEALTH CERTIFIED BY AN APPRO-
PRIATE HEALTH CARE PROFESSIONAL, FOR EXTENDED ACTIVE DUTY WITH THE ARMED
FORCES OF THE UNITED STATES, OR FOR OTHER GOOD CAUSE ACCEPTABLE TO THE
DEPARTMENT WHICH MAY PREVENT COMPLIANCE.
(C) A LICENSED ACUPUNCTURIST NOT ENGAGED IN PRACTICE AS DETERMINED BY
THE DEPARTMENT, SHALL BE EXEMPT FROM THE MANDATORY CONTINUING EDUCATION
REQUIREMENT UPON THE FILING OF A STATEMENT WITH THE DEPARTMENT DECLARING
SUCH STATUS. ANY LICENSEE WHO RETURNS TO THE PRACTICE OF ACUPUNCTURE
DURING THE TRIENNIAL REGISTRATION PERIOD SHALL NOTIFY THE DEPARTMENT
PRIOR TO REENTERING THE PROFESSION AND SHALL MEET SUCH MANDATORY EDUCA-
TION REQUIREMENTS AS SHALL BE PRESCRIBED BY REGULATIONS OF THE COMMIS-
SIONER.
2. DURING EACH TRIENNIAL REGISTRATION PERIOD AN APPLICANT FOR REGIS-
TRATION SHALL COMPLETE A MINIMUM OF THIRTY-SIX HOURS OF ACCEPTABLE
FORMAL CONTINUING EDUCATION, AS SPECIFIED IN SUBDIVISION FOUR OF THIS
SECTION, PROVIDED THAT NO MORE THAN EIGHTEEN HOURS OF SUCH CONTINUING
EDUCATION SHALL CONSIST OF SELF-STUDY COURSES. ANY ACUPUNCTURIST WHOSE
FIRST REGISTRATION DATE FOLLOWING THE EFFECTIVE DATE OF THIS SECTION
OCCURS LESS THAN THREE YEARS FROM SUCH EFFECTIVE DATE, BUT ON OR AFTER
OCTOBER FIRST, TWO THOUSAND FIFTEEN, SHALL COMPLETE CONTINUING EDUCATION
HOURS ON A PRORATED BASIS AT THE RATE OF ONE HOUR PER MONTH FOR THE
A. 4470--A 4
PERIOD BEGINNING OCTOBER FIRST, TWO THOUSAND FIFTEEN UP TO THE FIRST
REGISTRATION DATE THEREAFTER, BUT NO ACUPUNCTURIST SHALL IN ANY EVENT BE
REQUIRED TO COMPLETE LESS THAN SIX HOURS OF CONTINUING EDUCATION. A
LICENSEE WHO HAS NOT SATISFIED THE MANDATORY CONTINUING EDUCATION
REQUIREMENTS SHALL NOT BE ISSUED A TRIENNIAL REGISTRATION CERTIFICATE BY
THE DEPARTMENT AND SHALL NOT PRACTICE UNLESS AND UNTIL A CONDITIONAL
REGISTRATION CERTIFICATE IS ISSUED AS PROVIDED FOR IN SUBDIVISION THREE
OF THIS SECTION. CONTINUING EDUCATION HOURS TAKEN DURING ONE TRIENNIUM
MAY NOT BE TRANSFERRED TO A SUBSEQUENT TRIENNIUM. THE MANDATORY CONTIN-
UING EDUCATION FEE SHALL BE THIRTY DOLLARS, SHALL BE PAYABLE ON OR
BEFORE THE FIRST DAY OF EACH TRIENNIAL REGISTRATION PERIOD, AND SHALL BE
PAID IN ADDITION TO THE TRIENNIAL REGISTRATION FEE REQUIRED BY SECTION
SIXTY-SEVEN HUNDRED THIRTY-FOUR OF THIS TITLE.
3. THE DEPARTMENT, IN ITS DISCRETION, MAY ISSUE A CONDITIONAL REGIS-
TRATION TO A LICENSEE WHO FAILS TO MEET THE CONTINUING EDUCATION
REQUIREMENTS ESTABLISHED IN SUBDIVISION TWO OF THIS SECTION BUT WHO
AGREES TO MAKE UP ANY DEFICIENCIES AND COMPLETE ANY ADDITIONAL EDUCATION
WHICH THE DEPARTMENT MAY REQUIRE. THE FEE FOR SUCH A CONDITIONAL REGIS-
TRATION SHALL BE THE SAME AS, AND IN ADDITION TO, THE FEE FOR THE TRIEN-
NIAL REGISTRATION. THE DURATION OF SUCH CONDITIONAL REGISTRATION SHALL
BE DETERMINED BY THE DEPARTMENT BUT SHALL NOT EXCEED ONE YEAR. ANY
LICENSEE WHO IS NOTIFIED OF THE DENIAL OF REGISTRATION FOR FAILURE TO
SUBMIT EVIDENCE, SATISFACTORY TO THE DEPARTMENT, OF REQUIRED CONTINUING
EDUCATION AND WHO PRACTICES ACUPUNCTURE WITHOUT SUCH REGISTRATION, MAY
BE SUBJECT TO DISCIPLINARY PROCEEDINGS PURSUANT TO SECTION SIXTY-FIVE
HUNDRED TEN OF THIS TITLE.
4. (A) AS USED IN SUBDIVISION TWO OF THIS SECTION, "ACCEPTABLE FORMAL
CONTINUING EDUCATION" SHALL MEAN FORMAL COURSES OF LEARNING WHICH
CONTRIBUTE TO PROFESSIONAL PRACTICE IN ACUPUNCTURE AND WHICH MEET THE
STANDARDS PRESCRIBED BY REGULATIONS OF THE COMMISSIONER. THE DEPARTMENT
MAY, IN ITS DISCRETION AND AS NEEDED TO CONTRIBUTE TO THE HEALTH AND
WELFARE OF THE PUBLIC, REQUIRE THE COMPLETION OF CONTINUING EDUCATION
COURSES IN SPECIFIC SUBJECTS. TO FULFILL THIS MANDATORY CONTINUING
EDUCATION REQUIREMENT, COURSES SHALL BE TAKEN FROM A SPONSOR APPROVED BY
THE DEPARTMENT, PURSUANT TO THE REGULATIONS OF THE COMMISSIONER OR
OTHERWISE QUALIFY PURSUANT TO PARAGRAPH (B) OF THIS SUBDIVISION.
(B) ANY ACUPUNCTURIST WHO (I) IS A PROFESSOR, ASSISTANT PROFESSOR,
ADJUNCT PROFESSOR OR INSTRUCTOR AT AN INSTITUTION OF HIGHER EDUCATION
LOCATED IN THIS STATE OR (II) IS SPONSORED BY AN APPROVED INSTITUTION OR
ASSOCIATION AND WHO SERVES AS AN INSTRUCTOR IN A COURSE OF CONTINUING
EDUCATION WHICH IS APPROVED AS SPECIFIED IN THE STANDARDS ESTABLISHED BY
THE COMMISSIONER, MAY RECEIVE CONTINUING EDUCATION CREDIT FOR COURSES IN
WHICH HE OR SHE SERVES AS THE INSTRUCTOR. FOR EVERY TWELVE HOURS OF
IN-CLASS INSTRUCTION, SUCH ACUPUNCTURIST SHALL RECEIVE ONE HOUR OF
CONTINUING EDUCATION CREDIT, UP TO A MAXIMUM OF EIGHTEEN HOURS, FOR ANY
TRIENNIAL PERIOD. EVIDENCE OF SUCH INSTRUCTION SHALL BE SUBMITTED, AND
CREDIT APPROVED, AS SPECIFIED BY THE COMMISSIONER.
5. ACUPUNCTURISTS SHALL MAINTAIN ADEQUATE DOCUMENTATION OF COMPLETION
OF ACCEPTABLE FORMAL CONTINUING EDUCATION AND SHALL PROVIDE SUCH
DOCUMENTATION AT THE REQUEST OF THE DEPARTMENT. FAILURE TO PROVIDE SUCH
DOCUMENTATION UPON THE REQUEST OF THE DEPARTMENT SHALL BE AN ACT OF
MISCONDUCT SUBJECT TO DISCIPLINARY PROCEEDINGS PURSUANT TO SECTION
SIXTY-FIVE HUNDRED TEN OF THIS TITLE.
S 6. Paragraph a of subdivision 3 of section 6507 of the education
law, as amended by chapter 554 of the laws of 2013, is amended to read
as follows:
A. 4470--A 5
a. Establish standards for preprofessional and professional education,
experience and licensing examinations as required to implement the arti-
cle for each profession. Notwithstanding any other provision of law, the
commissioner shall establish standards requiring that all persons apply-
ing, on or after January first, nineteen hundred ninety-one, initially,
or for the renewal of, a license, registration or limited permit to be a
physician, chiropractor, dentist, registered nurse, podiatrist, ACUPUNC-
TURIST, optometrist, psychiatrist, psychologist, licensed master social
worker, licensed clinical social worker, licensed creative arts thera-
pist, licensed marriage and family therapist, licensed mental health
counselor, licensed psychoanalyst, dental hygienist, licensed behavior
analyst, or certified behavior analyst assistant shall, in addition to
all the other licensure, certification or permit requirements, have
completed two hours of coursework or training regarding the identifica-
tion and reporting of child abuse and maltreatment. The coursework or
training shall be obtained from an institution or provider which has
been approved by the department to provide such coursework or training.
The coursework or training shall include information regarding the phys-
ical and behavioral indicators of child abuse and maltreatment and the
statutory reporting requirements set out in sections four hundred thir-
teen through four hundred twenty of the social services law, including
but not limited to, when and how a report must be made, what other
actions the reporter is mandated or authorized to take, the legal
protections afforded reporters, and the consequences for failing to
report. Such coursework or training may also include information regard-
ing the physical and behavioral indicators of the abuse of individuals
with mental retardation and other developmental disabilities and volun-
tary reporting of abused or neglected adults to the office [of mental
retardation and] FOR PEOPLE WITH developmental disabilities or the local
adult protective services unit. Each applicant shall provide the depart-
ment with documentation showing that he or she has completed the
required training. The department shall provide an exemption from the
child abuse and maltreatment training requirements to any applicant who
requests such an exemption and who shows, to the department's satisfac-
tion, that there would be no need because of the nature of his or her
practice for him or her to complete such training;
S 7. Paragraph (a) of subdivision 1 of section 413 of the social
services law, as amended by chapter 554 of the laws of 2013, is amended
to read as follows:
(a) The following persons and officials are required to report or
cause a report to be made in accordance with this title when they have
reasonable cause to suspect that a child coming before them in their
professional or official capacity is an abused or maltreated child, or
when they have reasonable cause to suspect that a child is an abused or
maltreated child where the parent, guardian, custodian or other person
legally responsible for such child comes before them in their profes-
sional or official capacity and states from personal knowledge facts,
conditions or circumstances which, if correct, would render the child an
abused or maltreated child: any physician; registered physician assist-
ant; surgeon; medical examiner; coroner; dentist; dental hygienist;
osteopath; optometrist; chiropractor; podiatrist; ACUPUNCTURIST; resi-
dent; intern; psychologist; registered nurse; social worker; emergency
medical technician; licensed creative arts therapist; licensed marriage
and family therapist; licensed mental health counselor; licensed psycho-
analyst; licensed behavior analyst; certified behavior analyst assist-
ant; hospital personnel engaged in the admission, examination, care or
A. 4470--A 6
treatment of persons; a Christian Science practitioner; school official,
which includes but is not limited to school teacher, school guidance
counselor, school psychologist, school social worker, school nurse,
school administrator or other school personnel required to hold a teach-
ing or administrative license or certificate; social services worker;
director of a children's overnight camp, summer day camp or traveling
summer day camp, as such camps are defined in section thirteen hundred
ninety-two of the public health law; day care center worker; school-age
child care worker; provider of family or group family day care; or any
other child care or foster care worker; mental health professional;
substance abuse counselor; alcoholism counselor; all persons creden-
tialed by the office of alcoholism and substance abuse services; peace
officer; police officer; district attorney or assistant district attor-
ney; investigator employed in the office of a district attorney; or
other law enforcement official.
S 8. This act shall take effect October 1, 2015; provided, however,
that if chapter 554 of the laws of 2013 is not in effect on such effec-
tive date, then the amendments made to paragraph a of subdivision 3 of
section 6507 of the education law by section six of this act and to
paragraph (a) of subdivision 1 of section 413 of the social services law
by section seven of this act shall take effect on the same date and in
the same manner as chapter 554 of the laws of 2013, as amended, takes
effect; provided, however, that effective immediately, the state educa-
tion department is authorized to take such steps in advance of such
effective date, including the addition, amendment and/or repeal of any
rule or regulation as may be necessary, to ensure the timely implementa-
tion of the provisions of this act on such effective date.