senate Bill S3131A

Authorizes the care and treatment of injured employees by duly licensed or certified acupuncturists under the workers' compensation program

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 30 / Jan / 2013
    • REFERRED TO LABOR
  • 13 / Jun / 2013
    • AMEND AND RECOMMIT TO LABOR
  • 13 / Jun / 2013
    • PRINT NUMBER 3131A
  • 14 / Jun / 2013
    • AMEND AND RECOMMIT TO LABOR
  • 14 / Jun / 2013
    • PRINT NUMBER 3131B
  • 17 / Jun / 2013
    • AMENDED BY RESTORING TO PREVIOUS PRINT 3131A
  • 20 / Jun / 2013
    • COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • 20 / Jun / 2013
    • ORDERED TO THIRD READING CAL.1555
  • 20 / Jun / 2013
    • SUBSTITUTED BY A5940C

Summary

Authorizes the care and treatment of injured employees by licensed or certified acupuncturists under the workers' compensation program.

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Bill Details

See Assembly Version of this Bill:
A5940C
Versions:
S3131
S3131A
Legislative Cycle:
2013-2014
Law Section:
Workers' Compensation Law
Laws Affected:
Add §13-p, Work Comp L; amd §8213, Ed L

Sponsor Memo

BILL NUMBER:S3131A REVISED MEMO 06/21/2013

TITLE OF BILL: An act to amend the workers' compensation law and the
education law, in relation to the care and treatment of injured
employees by licensed or certified acupuncturists

PURPOSE OR GENERAL IDEA OF BILL:

This bill authorizes the care and treatment of injured employees by a
duly licensed and registered acupuncturist upon the referral of an
authorized physician under the workers' compensation program.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 adds a new Section 13-p to the Workers' Compensation law to
include licensed acupuncturists as eligible providers of treatment
under the workers' compensation program.

JUSTIFICATION:

The medical field of acupuncture provides positive health benefits to
patients where traditional treatments have not been successful. The
opportunity for patients to receive acupuncture services should not be
denied in cases where physicians determine that the patient would
benefit from the treatment.

Acupuncturists in New York are granted licensure upon demonstration
that they possess the professional skills and expertise required to
assure quality of care and responsible practice of medicine. To be
licensed in New York, acupuncturists not only must have national
certification, and meet state education requirements, but they must
also have extensive acupuncture clinical experience in general health
problems, diagnosis and treatment.

Current state workers' Compensation law allows for only licensed
physicians and psychologists to be reimbursed for services. This bill
allows those patients who would benefit most to receive specialized
medical treatment from qualified acupuncturists.

LEGISLATIVE HISTORY:

This is a new bill.

FISCAL IMPLICATIONS:

None to the State.

EFFECTIVE DATE:

This act shall take effect on the one hundred eightieth day after it
shall have become a law, provided, that effective immediately, the
addition, amendment and/or repeal of any rules and regulations
necessary to implement the provisions of this act on its effective
date are authorized and directed to be completed on cr before such
effective date.


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

                                 3131--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 30, 2013
                               ___________

Introduced  by  Sens. MARTINS, SAVINO -- read twice and ordered printed,
  and when printed to be committed to the Committee on Labor --  commit-
  tee  discharged, bill amended, ordered reprinted as amended and recom-
  mitted to said committee

AN ACT to amend the workers' compensation law and the education law,  in
  relation to the care and treatment of injured employees by licensed or
  certified acupuncturists

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

  Section 1. The workers' compensation law is amended by  adding  a  new
section 13-p to read as follows:
  S  13-P. CARE AND TREATMENT OF INJURED EMPLOYEES BY LICENSED OR CERTI-
FIED ACUPUNCTURISTS. 1. FOR PURPOSES  OF  THIS  SECTION:  (A)  THE  TERM
"ACUPUNCTURIST"  SHALL MEAN A PERSON WHO IS DULY LICENSED AND REGISTERED
AS A LICENSED ACUPUNCTURIST PURSUANT TO ARTICLE ONE HUNDRED SIXTY OF THE
EDUCATION LAW, OR WHO IS A CERTIFIED ACUPUNCTURIST PURSUANT TO  SUBDIVI-
SION  THREE  OF SECTION EIGHTY-TWO HUNDRED SIXTEEN OF THE EDUCATION LAW;
AND
  (B) THE TERM "CHAIR" SHALL MEAN THE CHAIRPERSON OF THE STATE BOARD  OF
ACUPUNCTURE PURSUANT TO ARTICLE ONE HUNDRED SIXTY OF THE EDUCATION LAW.
  2.  (A)  AN  INJURED  EMPLOYEE, INJURED UNDER CIRCUMSTANCES WHICH MAKE
SUCH AN INJURY COMPENSABLE UNDER THIS ARTICLE, MAY LAWFULLY  BE  TREATED
BY  AN  ACUPUNCTURIST AUTHORIZED BY THE CHAIR TO RENDER ACUPUNCTURE CARE
PURSUANT TO THIS SECTION. SUCH SERVICES SHALL BE WITHIN THE SCOPE OF THE
PROFESSION OF ACUPUNCTURE AS  DEFINED  IN  SUBDIVISION  ONE  OF  SECTION
EIGHTY-TWO HUNDRED ELEVEN OF THE EDUCATION LAW.
  (B)  MEDICAL  BUREAUS,  MEDICAL  CENTERS JOINTLY OPERATED BY LABOR AND
MANAGEMENT REPRESENTATIVES, HOSPITALS AND HEALTH  MAINTENANCE  ORGANIZA-
TIONS, AUTHORIZED TO PROVIDE MEDICAL CARE PURSUANT TO SECTION THIRTEEN-C
OF  THIS  ARTICLE,  MAY  PROVIDE  ACUPUNCTURE  SERVICES  WHEN  REQUIRED,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07830-03-3

S. 3131--A                          2

PROVIDED SUCH CARE IS RENDERED BY AN ACUPUNCTURIST AS REQUIRED  BY  THIS
SECTION.
  (C)  AN ACUPUNCTURIST RENDERING SERVICE PURSUANT TO THIS SECTION SHALL
MAINTAIN RECORDS OF THE PATIENT'S CONDITION AND  ACUPUNCTURE  TREATMENT,
AND  SUCH  RECORDS  OR  REPORTS  SHALL BE SUBMITTED TO THE CHAIR ON SUCH
FORMS AND AT SUCH TIMES AS THE CHAIR MAY REQUIRE.
  3. (A) AN ACUPUNCTURIST WHO IS DESIROUS OF BEING AUTHORIZED TO  RENDER
ACUPUNCTURE  SERVICES  UNDER  THIS SECTION SHALL FILE AN APPLICATION FOR
AUTHORIZATION UNDER THIS SECTION WITH THE ACUPUNCTURE  PRACTICE  COMMIT-
TEE. THE APPLICANT SHALL AGREE TO REFRAIN FROM SUBSEQUENTLY TREATING FOR
REMUNERATION,  AS  A  PRIVATE  PATIENT,  ANY  PERSON SEEKING ACUPUNCTURE
SERVICES, IN CONNECTION WITH, OR AS A RESULT OF, ANY INJURY  COMPENSABLE
UNDER  THIS  CHAPTER,  IF  HE  OR  SHE HAS BEEN REMOVED FROM THE LIST OF
ACUPUNCTURISTS AUTHORIZED TO RENDER SERVICES UNDER THIS CHAPTER.    THIS
AGREEMENT SHALL RUN TO THE BENEFIT OF THE INJURED PERSON SO TREATED, AND
SHALL  BE AVAILABLE AS A DEFENSE IN ANY ACTION BY SUCH ACUPUNCTURIST FOR
PAYMENT FOR TREATMENT RENDERED BY SUCH ACUPUNCTURIST AFTER BEING REMOVED
FROM  THE  LIST  OF  ACUPUNCTURISTS  AUTHORIZED  TO  RENDER  ACUPUNCTURE
SERVICES  UNDER  THIS  SECTION. THE ACUPUNCTURE PRACTICE COMMITTEE IF IT
DEEMS SUCH ACUPUNCTURIST DULY QUALIFIED SHALL  RECOMMEND  TO  THE  CHAIR
THAT SUCH PERSON BE AUTHORIZED TO RENDER ACUPUNCTURE SERVICES UNDER THIS
SECTION.    SUCH RECOMMENDATIONS SHALL BE ONLY ADVISORY TO THE CHAIR AND
SHALL NOT BE BINDING OR CONCLUSIVE.
  (B) THE CHAIR SHALL PREPARE AND ESTABLISH A SCHEDULE FOR THE STATE  OR
SCHEDULES LIMITED TO DEFINED LOCALITIES OF CHARGES AND FEES FOR ACUPUNC-
TURE  TREATMENT  AND  CARE,  TO  BE DETERMINED IN ACCORDANCE WITH AND BE
SUBJECT TO CHANGE PURSUANT TO RULES PROMULGATED  BY  THE  CHAIR.  BEFORE
PREPARING  SUCH  SCHEDULE FOR THE STATE OR SCHEDULES FOR LIMITED LOCALI-
TIES THE CHAIR SHALL  REQUEST  THE  ACUPUNCTURE  PRACTICE  COMMITTEE  TO
SUBMIT  TO  SUCH  CHAIR A REPORT ON THE AMOUNT OF REMUNERATION DEEMED BY
SUCH COMMITTEE TO BE FAIR AND ADEQUATE  FOR  THE  TYPES  OF  ACUPUNCTURE
SERVICES  TO  BE RENDERED UNDER THIS CHAPTER, BUT CONSIDERATION SHALL BE
GIVEN TO THE VIEW OF OTHER INTERESTED PARTIES.  THE AMOUNTS  PAYABLE  BY
THE  EMPLOYER  FOR  SUCH  TREATMENT  AND  SERVICES SHALL BE THE FEES AND
CHARGES ESTABLISHED BY SUCH SCHEDULE.
  (C) IN DETERMINING THE SCHEDULE OR SCHEDULES AS PROVIDED IN  PARAGRAPH
(B)  OF  THIS  SUBDIVISION,  THE  CHAIR SHALL MAKE A DISTINCTION BETWEEN
TREATMENT RENDERED BY  A  DULY  LICENSED  AND  REGISTERED  ACUPUNCTURIST
SUBJECT  TO THE PROVISIONS OF ARTICLE ONE HUNDRED SIXTY OF THE EDUCATION
LAW AND A CERTIFIED ACUPUNCTURIST SUBJECT TO THE PROVISIONS  OF  SECTION
EIGHTY-TWO  HUNDRED  SIXTEEN  OF  THE EDUCATION LAW, AND THE CHAIR SHALL
PREPARE AND ESTABLISH A SCHEDULE OR SCHEDULES REFLECTING FEES AND CHARG-
ES APPROPRIATE TO THE NATURE AND SCOPE OF THE TREATMENT RENDERED BY EACH
TYPE OF PRACTITIONER, GIVING DUE CONSIDERATION TO ALL  RELEVANT  FACTORS
INCLUDING, BUT NOT LIMITED TO, THE LEVEL OF EDUCATION OF THE PRACTITION-
ER, THE TYPE OF TREATMENT RENDERED, WHETHER THE ACUPUNCTURE TREATMENT IS
BEING  PROVIDED  AS  THE PRINCIPAL TREATMENT OR AS AN ADJUNCT TREATMENT,
AND THE BILLING PRACTICES ENTAILED, INCLUDING WHETHER  THE  PRACTITIONER
SUBMITS  ONE  COMPREHENSIVE BILL OR BILLS SEPARATELY FOR THE ACUPUNCTURE
TREATMENT, OFFICE VISITS AND OTHER ITEMS.
  4. NO CLAIM FOR ACUPUNCTURE SERVICES SHALL BE VALID AND ENFORCEABLE AS
AGAINST THE  EMPLOYER  OR  EMPLOYEES  UNLESS  WITHIN  FORTY-EIGHT  HOURS
FOLLOWING  THE  FIRST  TREATMENT  THE  ACUPUNCTURIST GIVING SUCH CARE OR
TREATMENT FURNISHES TO THE EMPLOYER AND DIRECTLY TO THE CHAIR A PRELIMI-
NARY NOTICE OF SUCH INJURY AND TREATMENT, AND WITHIN FIFTEEN DAYS THERE-
AFTER A MORE COMPLETE REPORT AND SUBSEQUENT THERETO PROGRESS REPORTS  AS

S. 3131--A                          3

REQUESTED IN WRITING BY THE CHAIR, BOARD, EMPLOYER OR INSURANCE CARRIER,
AT  INTERVALS  OF  NOT  LESS  THAN THREE WEEKS APART OR AT LESS FREQUENT
INTERVALS IF REQUESTED ON FORMS PRESCRIBED BY THE CHAIR. THE  BOARD  MAY
EXCUSE  THE  FAILURE  TO GIVE SUCH NOTICES WITHIN THE DESIGNATED PERIODS
WHEN IT FINDS IT TO BE IN THE INTEREST OF JUSTICE TO DO SO.
  5. FEES FOR ACUPUNCTURE SERVICES SHALL  BE  PAYABLE  ONLY  TO  A  DULY
LICENSED  OR  CERTIFIED  ACUPUNCTURIST  PURSUANT  TO ARTICLE ONE HUNDRED
SIXTY OF THE EDUCATION LAW, OR TO THE AGENT, EXECUTOR  OR  ADMINISTRATOR
OF  THE ESTATE OF SUCH ACUPUNCTURIST.  NO ACUPUNCTURIST RENDERING TREAT-
MENT TO A COMPENSATION CLAIMANT SHALL COLLECT OR RECEIVE A FEE FROM SUCH
CLAIMANT WITHIN THIS STATE, BUT  SHALL  HAVE  RECOURSE  FOR  PAYMENT  OF
SERVICES  RENDERED  ONLY  TO  THE  EMPLOYER UNDER THE PROVISIONS OF THIS
SECTION.
  6. WHENEVER HIS OR HER  ATTENDANCE  AT  A  HEARING  IS  REQUIRED,  THE
ACUPUNCTURIST OF THE INJURED EMPLOYEE SHALL BE ENTITLED TO RECEIVE A FEE
FROM  THE EMPLOYER IN AN AMOUNT TO BE FIXED BY THE BOARD, IN ADDITION TO
ANY FEE PAYABLE UNDER SECTION EIGHT THOUSAND ONE OF THE  CIVIL  PRACTICE
LAW AND RULES.
  7. (A) UNLESS WITHIN THIRTY DAYS AFTER A BILL HAS BEEN RENDERED TO THE
EMPLOYER  BY THE ACUPUNCTURIST WHO HAS TREATED AN INJURED EMPLOYEE, SUCH
EMPLOYER SHALL HAVE NOTIFIED THE CHAIR AND SUCH ACUPUNCTURIST IN WRITING
THAT SUCH EMPLOYER DEMANDS AN IMPARTIAL EXAMINATION OF THE  FAIRNESS  OF
THE  AMOUNT  CLAIMED  BY SUCH ACUPUNCTURIST FOR HIS OR HER SERVICES, THE
RIGHT TO SUCH AN IMPARTIAL EXAMINATION SHALL BE DEEMED TO BE WAIVED  AND
THE  AMOUNT CLAIMED BY SUCH ACUPUNCTURIST SHALL BE DEEMED TO BE THE FAIR
VALUE OF THE SERVICES RENDERED.  IF THE PARTIES FAIL TO AGREE AS TO  THE
ACUPUNCTURE  CARE  RENDERED UNDER THIS CHAPTER TO A CLAIMANT, SUCH VALUE
SHALL BE DECIDED BY THE ACUPUNCTURE PRACTICE COMMITTEE AND THE  MAJORITY
DECISION  OF  SUCH  COMMITTEE SHALL BE CONCLUSIVE UPON THE PARTIES AS TO
THE VALUE OF THE SERVICES RENDERED. THE BOARD MAY MAKE AN AWARD FOR  ANY
SUCH  BILL OR PART THEREOF WHICH REMAINS UNPAID IN THE SAME MANNER AS AN
AWARD FOR BILLS RENDERED UNDER SUBDIVISIONS ONE  AND  THREE  OF  SECTION
THIRTEEN-G  OF  THIS  ARTICLE,  AND  SUCH AWARD MAY BE COLLECTED IN LIKE
MANNER AS AN AWARD OF COMPENSATION. THE CHAIR SHALL ASSESS  THE  SUM  OF
FIFTY  DOLLARS  AGAINST  THE  EMPLOYER  FOR  EACH SUCH AWARD MADE BY THE
BOARD, WHICH SUM SHALL BE PAID INTO THE STATE TREASURY.
  (B) WHERE AN ACUPUNCTURIST'S BILL HAS BEEN DETERMINED TO  BE  DUE  AND
OWING  IN  ACCORDANCE WITH THE PROVISIONS OF THIS SECTION, THE BOARD MAY
IMPOSE A PENALTY OF NOT MORE THAN ONE AND ONE-HALF PERCENT INTEREST  PER
MONTH  PAYABLE  TO  THE  ACUPUNCTURIST  IN ACCORDANCE WITH THE RULES AND
REGULATIONS PROMULGATED BY THE BOARD.
  (C) THE PARTIES TO SUCH PROCEEDING SHALL EACH PAY TO THE CHAIR  A  SUM
EQUAL  TO  FIVE  PER  CENTUM OF THE AMOUNT PAYABLE UNDER THE DECISION OF
SUCH COMMITTEE OR A MINIMUM OF FIVE DOLLARS, WHICHEVER IS  GREATER.  THE
SUMS  SO  COLLECTED  SHALL BE TRANSFERRED TO THE STATE TREASURY TO REIM-
BURSE IT ON ACCOUNT OF THE EXPENSE OF ADMINISTERING THIS SECTION.
  8. WITHIN THE LIMITS PRESCRIBED BY THE EDUCATION LAW  FOR  ACUPUNCTURE
SERVICES,  THE  REPORT  OR  TESTIMONY  OF  AN  AUTHORIZED  ACUPUNCTURIST
CONCERNING THE CONDITION OF AN INJURED EMPLOYEE  AND  TREATMENT  THEREOF
SHALL  BE  DEEMED COMPETENT EVIDENCE AND THE PROFESSIONAL OPINION OF THE
ACUPUNCTURIST AS TO CAUSAL RELATION AND AS TO REQUIRED  TREATMENT  SHALL
BE  DEEMED  COMPETENT  BUT  SHALL  NOT  BE  CONTROLLING. NOTHING IN THIS
SECTION SHALL BE DEEMED TO DEPRIVE ANY EMPLOYER OR INSURANCE CARRIER  OF
ANY  RIGHT TO A MEDICAL EXAMINATION OR PRESENTATION OF MEDICAL TESTIMONY
NOW CONFERRED BY LAW.

S. 3131--A                          4

  9. THE CHAIR SHALL PROMULGATE RULES  GOVERNING  THE  PROCEDURE  TO  BE
FOLLOWED  BY  THOSE  RENDERING  ACUPUNCTURE SERVICES UNDER THIS SECTION,
WHICH RULES SO FAR AS PRACTICABLE SHALL CONFORM TO THE  RULES  PRESENTLY
IN EFFECT WITH REFERENCE TO MEDICAL CARE FURNISHED TO CLAIMANTS IN WORK-
ERS' COMPENSATION. IN CONNECTION WITH THE PROMULGATION OF SUCH RULES THE
CHAIR  MAY  CONSULT THE ACUPUNCTURE PRACTICE COMMITTEE AND MAY TAKE INTO
CONSIDERATION THE VIEW OF OTHER INTERESTED PARTIES.
  10. THE CHAIR SHALL APPOINT FOR AND WITH JURISDICTION  IN  THE  ENTIRE
STATE  OF  NEW  YORK A SINGLE ACUPUNCTURE PRACTICE COMMITTEE COMPOSED OF
TWO LICENSED ACUPUNCTURISTS, AND ONE  DULY  LICENSED  PHYSICIAN  OF  THE
STATE  OF  NEW YORK. EACH MEMBER OF SUCH COMMITTEE SHALL RECEIVE COMPEN-
SATION EITHER ON AN ANNUAL BASIS OR ON A PER DIEM BASIS TO BE  FIXED  BY
THE  CHAIR  WITHIN  AMOUNTS  APPROPRIATED THEREFOR. ONE OF SUCH LICENSED
ACUPUNCTURISTS SHALL BE DESIGNATED BY THE  CHAIR  AS  A  CHAIR  OF  SUCH
ACUPUNCTURE PRACTICE COMMITTEE. NO MEMBER OF SUCH COMMITTEE SHALL RENDER
ACUPUNCTURE  SERVICES UNDER THIS SECTION NOR BE AN EMPLOYER OR ACCEPT OR
PARTICIPATE IN ANY FEE FROM ANY INSURANCE COMPANY  AUTHORIZED  TO  WRITE
WORKERS'  COMPENSATION INSURANCE IN THIS STATE OR FROM ANY SELF-INSURER,
WHETHER SUCH EMPLOYMENT OR FEE RELATES TO A WORKERS' COMPENSATION  CLAIM
OR  OTHERWISE.  THE  ATTORNEY  GENERAL,  UPON  REQUEST, SHALL ADVISE AND
ASSIST SUCH COMMITTEE.
  11. THE ACUPUNCTURE PRACTICE COMMITTEE  SHALL  INVESTIGATE,  HEAR  AND
MAKE  FINDINGS  WITH  RESPECT TO ALL CHARGES AS TO PROFESSIONAL OR OTHER
MISCONDUCT OF ANY AUTHORIZED ACUPUNCTURISTS AS PROVIDED IN THIS  SECTION
UNDER  RULES  AND  PROCEDURES  TO  BE  PRESCRIBED BY THE CHAIR AND SHALL
REPORT EVIDENCE OF SUCH MISCONDUCT, WITH THEIR FINDINGS AND  RECOMMENDA-
TIONS  WITH  RESPECT  THERETO, TO THE CHAIR.  THE FINDINGS, DECISION AND
RECOMMENDATION OF SUCH ACUPUNCTURE PRACTICE COMMITTEE SHALL BE  ADVISORY
TO  THE  CHAIR  ONLY, AND SHALL NOT BE BINDING OR CONCLUSIVE UPON HIM OR
HER. THE CHAIR SHALL REMOVE FROM THE LIST OF  ACUPUNCTURISTS  AUTHORIZED
TO  RENDER  ACUPUNCTURE  SERVICES  UNDER  THIS  CHAPTER  THE NAME OF ANY
ACUPUNCTURIST WHO HE OR SHE SHALL FIND AFTER REASONABLE INVESTIGATION IS
DISQUALIFIED BECAUSE SUCH ACUPUNCTURIST:
  (A) HAS BEEN GUILTY OF PROFESSIONAL OR OTHER MISCONDUCT OR INCOMPETEN-
CY IN CONNECTION WITH THE RENDERING OF ACUPUNCTURE SERVICES,
  (B) HAS EXCEEDED THE LIMITS OF HIS OR HER PROFESSIONAL  COMPETENCE  IN
RENDERING  ACUPUNCTURE  SERVICES UNDER THE LAW, OR HAS MADE FALSE STATE-
MENTS REGARDING QUALIFICATIONS IN THE APPLICATION FOR AUTHORIZATION,
  (C) HAS FAILED TO SUBMIT TIMELY, FULL AND TRUTHFUL ACUPUNCTURE  EVALU-
ATION AND TREATMENT REPORTS OF ALL FINDINGS TO THE EMPLOYER AND DIRECTLY
TO  THE  CHAIR  OF  THE  BOARD  WITHIN  THE TIME LIMITS PROVIDED IN THIS
SECTION,
  (D) HAS RENDERED ACUPUNCTURE SERVICES UNDER THIS  CHAPTER  FOR  A  FEE
LESS THAN THAT FIXED IN THE FEE SCHEDULE,
  (E)  HAS  SOLICITED  OR HAS EMPLOYED ANOTHER TO SOLICIT FOR HIMSELF OR
HERSELF OR FOR ANOTHER PROFESSIONAL TREATMENT, EXAMINATION OR CARE OF AN
INJURED EMPLOYEE WITH ANY CLAIM UNDER THIS CHAPTER,
  (F) HAS REFUSED TO APPEAR BEFORE OR ANSWER UPON REQUEST OF THE  CHAIR,
BOARD,  ACUPUNCTURE PRACTICE COMMITTEE OR ANY DULY AUTHORIZED OFFICER OF
THE STATE, ANY LEGAL QUESTION OR PRODUCE  ANY  RELEVANT  BOOK  OR  PAPER
CONCERNING CONDUCT UNDER AN AUTHORIZATION GRANTED UNDER LAW, OR
  (G)  HAS DIRECTLY OR INDIRECTLY REQUESTED, RECEIVED OR PARTICIPATED IN
THE DIVISION, TRANSFERENCE, ASSIGNMENT, REBATING, SPLITTING OR REFUNDING
OF A FEE FOR, OR HAS DIRECTLY OR INDIRECTLY REQUESTED, RECEIVED OR PROF-
ITED BY MEANS OF A CREDIT  OR  OTHERWISE  VALUABLE  CONSIDERATION  AS  A

S. 3131--A                          5

COMMISSION,  DISCOUNT  OR GRATUITY IN CONNECTION WITH THE TREATMENT OF A
WORKERS' COMPENSATION CLAIMANT.
  12. ANY PERSON WHO VIOLATES OR ATTEMPTS TO VIOLATE, AND ANY PERSON WHO
AIDS  ANOTHER TO VIOLATE OR ATTEMPTS TO INDUCE HIM OR HER TO VIOLATE THE
PROVISIONS OF PARAGRAPH (G) OF SUBDIVISION ELEVEN OF THIS SECTION  SHALL
BE GUILTY OF A MISDEMEANOR.
  13.  NOTHING  IN  THIS  SECTION  SHALL BE CONSTRUED AS LIMITING IN ANY
RESPECT THE POWER OR DUTY OF  THE  CHAIR  TO  INVESTIGATE  INSTANCES  OF
MISCONDUCT,  EITHER  BEFORE  OR  AFTER  INVESTIGATION BY THE ACUPUNCTURE
PRACTICE COMMITTEE, OR TO TEMPORARILY SUSPEND THE AUTHORIZATION  OF  ANY
ACUPUNCTURIST  BELIEVED  TO BE GUILTY OF SUCH MISCONDUCT. THE PROVISIONS
OF SUBDIVISION ONE OF SECTION THIRTEEN-D OF THIS ARTICLE WHICH  ARE  NOT
INCONSISTENT  WITH THE PROVISIONS OF THIS SECTION SHALL BE APPLICABLE AS
IF FULLY SET FORTH IN THIS SECTION.
  14. NOTHING CONTAINED IN THIS SECTION  SHALL  PROHIBIT  ACUPUNCTURISTS
WHO  PRACTICE  AS  PARTNERS,  IN GROUPS OR AS A PROFESSIONAL CORPORATION
FROM POOLING FEES  AND  MONEYS  RECEIVED,  EITHER  BY  THE  PARTNERSHIP,
PROFESSIONAL  CORPORATION OR GROUP OR BY THE INDIVIDUAL MEMBERS THEREOF,
FOR PROFESSIONAL  SERVICES  FURNISHED  BY  ANY  INDIVIDUAL  PROFESSIONAL
MEMBER, OR EMPLOYEE OF SUCH PARTNERSHIP, CORPORATION OR GROUP, NOR SHALL
THE PROFESSIONALS CONSTITUTING THE PARTNERSHIPS, CORPORATIONS, OR GROUPS
BE PROHIBITED FROM SHARING, DIVIDING OR APPORTIONING THE FEES AND MONEYS
RECEIVED  BY THEM OR BY THE PARTNERSHIP, CORPORATION OR GROUP IN ACCORD-
ANCE WITH A PARTNERSHIP OR OTHER AGREEMENT.
  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)  There  is  hereby established within the department a state board
for acupuncture. The board shall consist of not less than eleven members
to 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  [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] CHAIR-
PERSON to serve for a one year term.
  S 3. This act shall take effect on the one hundred eightieth day after
it  shall  have  become a law. Provided, that effective immediately, the
addition, amendment and/or repeal of any rules and regulations necessary
to implement the provisions of  this  act  on  its  effective  date  are
authorized  and  directed  to  be  completed on or before such effective
date.

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