S T A T E O F N E W Y O R K
________________________________________________________________________
2480
2009-2010 Regular Sessions
I N A S S E M B L Y
January 16, 2009
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Introduced by M. of A. PRETLOW -- read once and referred to the Commit-
tee on Higher Education
AN ACT to amend the education law, in relation to the practice of biof-
eedback therapy
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 139-A
to read as follows:
ARTICLE 139-A
BIOFEEDBACK THERAPY PRACTICES ACT
SECTION 6920. DEFINITION OF PRACTICE OF BIOFEEDBACK THERAPY.
6921. AUTHORIZED PRACTICE.
6922. STATE BOARD OF BIOFEEDBACK THERAPY.
6923. REQUIREMENTS FOR A LICENSE.
6924. LIMITED PERMITS.
6925. EXEMPT PERSONS.
6926. SPECIAL PROVISIONS.
6927. PRACTICE RESTRICTIONS.
S 6920. DEFINITION OF PRACTICE OF BIOFEEDBACK THERAPY. THE PRACTICE OF
BIOFEEDBACK THERAPY IS THE USE OF SENSITIVE INSTRUMENTS TO MEASURE BODI-
LY PROCESSES WITH THE PURPOSE OF REPORTING RESULTS TO THE PERSON BEING
MEASURED TO ASSIST SUCH PERSON IN CONTROLLING THESE PROCESSES. THIS CAN
BE A WAY TO LEARN STRESS MANAGEMENT AND RELAXATION TO PREVENT STRESS
RELATED DISORDERS, OR TO REDUCE OR ELIMINATE THE SYMPTOMS OF MANY
SYNDROMES. IN ADDITION TO TEACHING SELF-REGULATION BY THE USE OF SUCH
INSTRUMENTS, OTHER METHODS PROMOTING HEALTH AND COPING SKILLS TAUGHT BY
THE BIOFEEDBACK THERAPIST INCLUDE, BUT ARE NOT LIMITED TO, DIAPHRAGMATIC
BREATHING, PROGRESSIVE RELAXATION, AUTOGENIC TRAINING, IMAGERY, PSYCHO-
PHYSIOLOGICAL THERAPY AND COGNITIVE RESTRUCTURING.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02163-01-9
A. 2480 2
S 6921. AUTHORIZED PRACTICE. ONLY A PERSON LICENSED OR AUTHORIZED
PURSUANT TO THIS ARTICLE TO PRACTICE BIOFEEDBACK SHALL USE THE TITLE
"BIOFEEDBACK THERAPIST".
S 6922. STATE BOARD OF BIOFEEDBACK THERAPY. 1. THE STATE BOARD OF
BIOFEEDBACK THERAPY SHALL BE APPOINTED BY THE BOARD OF REGENTS ON RECOM-
MENDATION OF THE COMMISSIONER FOR THE PURPOSE OF ASSISTING THE BOARD OF
REGENTS ON MATTERS OF LICENSING AND CONDUCT. THE STATE BOARD OF BIOFEED-
BACK THERAPY SHALL BE COMPOSED OF SEVEN MEMBERS. INITIAL APPOINTMENTS TO
THE STATE BOARD OF BIOFEEDBACK THERAPY SHALL BE SUCH THAT THE TERMS
SHALL BE STAGGERED. NO MEMBER SHALL SERVE MORE THAN TWO TERMS.
2. SIX MEMBERS SO APPOINTED SHALL BE PERSONS LICENSED OR EXEMPT PURSU-
ANT TO THIS ARTICLE, AND ONE MEMBER SO APPOINTED SHALL BE AN INDIVIDUAL
LICENSED IN THIS STATE AS A PHYSICIAN WHO IS PRACTICING.
S 6923. REQUIREMENTS FOR A LICENSE. 1. TO QUALIFY FOR A LICENSE AS A
BIOFEEDBACK THERAPIST AN APPLICANT SHALL FULFILL THE FOLLOWING REQUIRE-
MENTS:
A. APPLICATION: FILE AN APPLICATION WITH THE DEPARTMENT.
B. EDUCATION: HAVE AT LEAST A MASTER'S DEGREE FROM AN ACCREDITED
INSTITUTION OF HIGHER LEARNING IN A HEALTH CARE RELATED FIELD SATISFAC-
TORY TO THE BOARD OF REGENTS, PLUS AT LEAST FIFTY HOURS OF DIDACTIC
BIOFEEDBACK EDUCATION.
C. TRAINING AND SUPERVISION: HAVE AT LEAST ONE HUNDRED HOURS OF CLIN-
ICAL EXPERIENCE IN THE PRACTICE OF BIOFEEDBACK THERAPY UNDER THE SUPER-
VISION OF A PERSON WHO, BECAUSE OF EDUCATION AND EXPERIENCE WOULD BE
ELIGIBLE FOR LICENSURE OR IS LICENSED AS A BIOFEEDBACK THERAPIST.
D. EXAMINATION: PASS A WRITTEN AND PRACTICAL EXAMINATION SATISFACTORY
TO THE BOARD OF REGENTS.
E. AGE: BE AT LEAST TWENTY-ONE YEARS OF AGE.
F. CHARACTER: BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE BOARD OF
REGENTS.
G. FEES: PAY A FEE OF ONE HUNDRED SEVENTY-FIVE DOLLARS TO THE DEPART-
MENT FOR AN INITIAL LICENSE, AND AN ANNUAL FEE OF FIFTY DOLLARS THERE-
AFTER.
2. AN APPLICANT WHO HAS SATISFIED THE REQUIREMENTS OF SUBDIVISION ONE
OF THIS SECTION, OTHER THAN EDUCATION, MAY BE LICENSED AS A BIOFEEDBACK
TECHNICIAN UPON OBTAINING AN ASSOCIATE'S DEGREE FROM AN ACCREDITED
INSTITUTION OF HIGHER LEARNING IN A HEALTH CARE RELATED FIELD SATISFAC-
TORY TO THE BOARD OF REGENTS. SUCH TECHNICIAN WOULD BE REQUIRED TO PRAC-
TICE UNDER THE DIRECTION OF A LICENSED BIOFEEDBACK THERAPIST.
S 6924. LIMITED PERMITS. THE DEPARTMENT MAY ISSUE A LIMITED PERMIT TO
AN APPLICANT WHO MEETS ALL REQUIREMENTS FOR LICENSURE. THE FEE FOR EACH
LIMITED PERMIT AND EACH RENEWAL SHALL BE SEVENTY DOLLARS.
S 6925. EXEMPT PERSONS. NOTHING CONTAINED IN THIS ARTICLE SHALL BE
CONSTRUED TO PROHIBIT THE PRACTICE OF BIOFEEDBACK THERAPY BY QUALIFIED
HEALTH CARE PROFESSIONALS LICENSED IN THIS STATE, OR BY STUDENTS OR
INTERNS IN HEALTH CARE EDUCATIONAL PROGRAMS. NOTHING CONTAINED IN THIS
ARTICLE SHALL BE CONSTRUED TO PROHIBIT THE PRACTICE OF BIOFEEDBACK THER-
APY BY QUALIFIED PARA-PROFESSIONALS WHO ARE SUPERVISED BY LICENSED
HEALTH CARE PROFESSIONALS QUALIFIED TO PRACTICE BIOFEEDBACK THERAPY.
S 6926. SPECIAL PROVISIONS. ANY PERSON PRACTICING BIOFEEDBACK THERAPY
ON THE EFFECTIVE DATE OF THIS ARTICLE, NOT OTHERWISE EXEMPT, SHALL APPLY
FOR A LICENSE AS A BIOFEEDBACK THERAPIST WITHIN ONE YEAR OF SUCH DATE.
PENDING LICENSURE, SUCH PERSON SHALL BE ELIGIBLE FOR A LIMITED PERMIT AS
PROVIDED IN SECTION SIXTY-NINE HUNDRED TWENTY-FOUR OF THIS ARTICLE. ANY
PERSON WHO MEETS THE APPROPRIATE REQUIREMENTS AND HAS BEEN CERTIFIED BY
A. 2480 3
A NATIONAL CERTIFYING BODY HAVING STANDARDS ACCEPTABLE TO THE BOARD OF
REGENTS SHALL BE GRANTED A LICENSE.
S 6927. PRACTICE RESTRICTIONS. NOTHING CONTAINED IN THIS ARTICLE SHALL
BE CONSTRUED TO CONFER THE AUTHORITY TO PRACTICE MEDICINE BY BIOFEEDBACK
THERAPISTS.
S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law.