NY State Assembly Bill 2009-A10076

Archive: Last Bill Status - In Assembly Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
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Delivered to Governor
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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 03, 2010	referred to higher education

co-Sponsors

multi-Sponsors

2009-A10076 (ACTIVE) - Details

See Senate Version of this Bill:: S7516
Current Committee:: Assembly 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-A10076 (ACTIVE) - Summary

Provides for the licensure of reflexology practitioners.

2009-A10076 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:A10076

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 will make available that  any
person  wishing  to  practice  Reflexology  in  the state of New York be
allowed to do so in so long as all criteria in this article for  licens-
ing 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, article applies to the profession of reflexology.

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

Section § 7852, describes how the title Reflexologist will be  used  and
who can claim to be a New York State licensed Reflexologist.

Section § 7853,

Section  1. Describes how the State Board of Reflexology will be created

and how the members of such board will be appointed.

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

Section § 7854, Subsection (1) (A,B,C,D,E,F,G,H,  and  I)  provides  for
requirements  to be fulfilled in order to become a licensed practitioner
of Reflexology in New York State. Subsection (2).   Describes  how  long
the term of a license will be valid.

Section  § 7855, Subsection (1) describes persons authorized to practice
in  a  specific  medical  field  shall  be  exempt  from  this  article.
Subsection  (2)  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, describes limited permits that are for a period of  time
not to exceed 12 months or until the next examination.

Section § 7857, Special provisions, Notwithstanding the requirements, an
individual currently engaging in the practice of Reflexology may contin-
ue 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 thera-

pies 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  contrain-
dications are known and that it is only carried out by trained Reflexol-
ogist.  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 current-
ly provides none of the above for practicing Reflexology;  however  this
bill would set standards for this profession.

PRIOR LEGISLATIVE HISTORY: None

FISCAL IMPLICATIONS: Unknown

EFFECTIVE DATE: This act will take effect immediately.

2009-A10076 (ACTIVE) - Bill Text download pdf

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

                                  10076

                          I N  A S S E M B L Y

                              March 3, 2010
                               ___________

Introduced  by M. of A. LATIMER -- read once and referred to the Commit-
  tee 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

A. 10076                            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:

A. 10076                            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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Assembly Bill A10076

Sponsored By

Archive: Last Bill Status - In Assembly Committee

co-Sponsors

multi-Sponsors

2009-A10076 (ACTIVE) - Details

2009-A10076 (ACTIVE) - Summary

2009-A10076 (ACTIVE) - Sponsor Memo

2009-A10076 (ACTIVE) - Bill Text download pdf

Comments

Assembly Bill A10076

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Sponsored By

LATIMER

Archive: Last Bill Status - In Assembly Committee

co-Sponsors

Frank Skartados

Amy Paulin

Donna Lupardo

multi-Sponsors

Francine DelMonte

2009-A10076 (ACTIVE) - Details

2009-A10076 (ACTIVE) - Summary

2009-A10076 (ACTIVE) - Sponsor Memo

2009-A10076 (ACTIVE) - Bill Text download pdf

Comments