Assembly Bill A7867A

2021-2022 Legislative Session

Relates to the practice of acupuncture and certain exemptions

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Archive: Last Bill Status - In Assembly 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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Bill Amendments

2021-A7867 - Details

Current Committee:
Assembly Higher Education
Law Section:
Education Law
Laws Affected:
Amd §8216, Ed L
Versions Introduced in 2023-2024 Legislative Session:
A1564

2021-A7867 - Summary

Relates to the practice of acupuncture and the exemption that a person who does not otherwise possess the credentials or qualifications required for the practice of acupuncture may engage in the practice of auriculotherapy or "ear acupuncture" subject to certain restrictions.

2021-A7867 - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7867
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 28, 2021
                                ___________
 
 Introduced  by  M.  of  A. L. ROSENTHAL -- read once and referred to the
   Committee on Higher Education
 
 AN ACT to amend the education  law,  in  relation  to  the  practice  of
   acupuncture and certain exemptions
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Subdivision 4 of section 8216  of  the  education  law,  as
 amended  by  chapter  773  of  the  laws  of 1990, is amended to read as
 follows:
   (4) A person who does not otherwise possess the credentials or  quali-
 fications  required  for  the practice of acupuncture prescribed by this
 article or the regulations promulgated hereunder or any  other  law  but
 [who  is authorized by the division of alcoholism and alcohol abuse, the
 division of substance abuse services, or the  department  of  health  to
 provide  treatment  for  alcoholism,  substance  dependence, or chemical
 dependency in a hospital or clinical program which has been approved for
 such treatment by the division of  alcoholism  and  alcohol  abuse,  the
 division  of  substance  abuse services, or the department of health and
 who has been trained to practice acupuncture for the treatment of  alco-
 holism,  substance  dependence, or chemical dependency through an educa-
 tional program acceptable to the education department  may  nevertheless
 practice  acupuncture provided such practice is limited to the treatment
 of alcoholism, substance dependence,  or  chemical  dependency  in  such
 clinical  or  hospital  programs,  or  in  a program that if statutorily
 exempt from such approval meets standards approved by  the  division  of
 alcoholism  and alcohol abuse, the division of substance abuse services,
 or the department of health, and further provided that such practice  is
 done in accordance with regulations promulgated by the division of alco-
 holism  and  alcohol abuse, the division of substance abuse services, or
 the department of health. Such person shall work only under the  general
 supervision  of a physician or dentist certified to practice acupuncture

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

2021-A7867A (ACTIVE) - Details

Current Committee:
Assembly Higher Education
Law Section:
Education Law
Laws Affected:
Amd §8216, Ed L
Versions Introduced in 2023-2024 Legislative Session:
A1564

2021-A7867A (ACTIVE) - Summary

Relates to the practice of acupuncture and the exemption that a person who does not otherwise possess the credentials or qualifications required for the practice of acupuncture may engage in the practice of auriculotherapy or "ear acupuncture" subject to certain restrictions.

2021-A7867A (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7867--A
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 28, 2021
                                ___________
 
 Introduced  by  M.  of  A. L. ROSENTHAL -- read once and referred to the
   Committee on Higher Education -- recommitted to the Committee on High-
   er Education in accordance with Assembly Rule 3, sec. 2  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee

 AN  ACT  to  amend  the  education  law,  in relation to the practice of
   acupuncture and certain exemptions
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section  8216 of the education law is amended by adding a
 new subdivision 9 to read as follows:
   (9) (A) A PERSON WHO DOES NOT OTHERWISE  POSSESS  THE  CREDENTIALS  OR
 QUALIFICATIONS  REQUIRED  FOR  THE PRACTICE OF ACUPUNCTURE PRESCRIBED BY
 THIS ARTICLE OR THE REGULATIONS PROMULGATED HEREUNDER OR ANY  OTHER  LAW
 MAY  ENGAGE  IN THE PRACTICE OF AURICULOTHERAPY, OTHERWISE KNOWN AS "EAR
 ACUPUNCTURE", IF SUCH PERSON:
   (I) HAS APPROPRIATE TRAINING IN CLEAN NEEDLE TECHNIQUES;
   (II) EMPLOYS STERILE, SINGLE-USE NEEDLES, WITHOUT REUSE;
   (III) DOES NOT PURPORT TO DIAGNOSE OR  TREAT  ANY  DISEASE,  DISORDER,
 INFIRMITY, OR AFFLICTION;
   (IV) DOES NOT USE ANY LETTERS, WORDS, OR INSIGNIA INDICATING OR IMPLY-
 ING THAT THE PERSON IS AN ACUPUNCTURIST;
   (V) MAKES NO STATEMENT IMPLYING THAT SUCH PERSON'S PRACTICE OF AURICU-
 LOTHERAPY IS LICENSED, CERTIFIED, OR OTHERWISE OVERSEEN BY THE STATE;
   (VI)  CONDUCTS  THE  PRACTICE  OF AURICULAR ACUPUNCTURE ONLY UNDER THE
 GENERAL SUPERVISION OF A PERSON WHO IS LICENSED TO PRACTICE  ACUPUNCTURE
 PURSUANT  TO  THIS ARTICLE. AS USED IN THIS SUBDIVISION, "GENERAL SUPER-
 VISION" INCLUDES, BUT IS NOT LIMITED  TO,  AVAILABILITY  OF  A  LICENSED
 ACUPUNCTURIST  BY PHONE OR OTHER ELECTRONIC MEANS DURING BUSINESS HOURS,
 WITH AT LEAST ONE ON-SITE VISIT BY A LICENSED ACUPUNCTURIST PER YEAR.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11628-02-2
 A. 7867--A                          2

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