NY State Senate Bill 2009-S6742

Senate Bill S6742

2009-2010 Legislative Session

Establishes office of complementary and alternative medicine within the department of health

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Archive: Last Bill Status - In Senate Committee Health 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 02, 2010	referred to health

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2009-S6742 (ACTIVE) - Details

Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Add Art 2 Title VI §§266 - 266-c, Pub Health L

2009-S6742 (ACTIVE) - Summary

Establishes the office of complementary and alternative medicine within the department of health; "complementary and alternative medicine" is that group of medical health care and healing systems, including non-conventional medical treatment, other than those included in mainstream health care, including the worldviews, theories, modalities, products and practices associated with these systems and their use to treat illness and promote health and well-being; such office shall conduct research in this area, provide information thereon, make recommendations for the training of health care professionals in such area and report to the governor and legislature thereon.

2009-S6742 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S6742

 TITLE OF BILL :
An act to amend the public health law, in relation to establishing the
office of complementary and alternative medicine and establishing its
powers and duties


 PURPOSE :
To establish an Office of Complementary and Alternative Medicine in
the Department of Health to collect and disseminate information about
complementary and alternative medicine.

 SUMMARY OF PROVISIONS :
Section 1 of the bill creates a new title VI in Article 2 of the
Public Health Law, entitled "Office of Complementary and Alternative
Medicine", and comprised of sections 266-266-c. Section 266 provides
applicable definitions, including a definition of "complementary and
--alternative medicine." Section 266-a establishes an Office of
Complementary and Alternative Medicine (the "Office"), which shall
collect information concerning complementary and alternative medicine
("CAM"), provide information about CAM to health care professionals
and patients, and make recommendations concerning CAM. Section 266-b
requires the Office to submit biennial reports to the Governor and the
Legislature concerning its activities. Section 266-c establishes a
Complementary and Alternative Medicine Council to advise the office

concerning CAM.

Section 2 of the bill provides that this act shall take effect
immediately.

 EXISTING LAW :
There is no existing law on this subject matter.

 JUSTIFICATION :
Over the past 30 years, public interest in and use of complementary
and alternative medicine ("CAM") systems, approaches, and products has
risen steadily in the United States. As much as 43% of the U.S.
Population may have used some form of CAM.

Many CAM treatments have yet to be scientifically tested. There needs
to be evidence supporting their effectiveness. Information concerning
how CAM treatments (including, for example, nutritional and herbal
supplements) interact with more mainstream medical treatments is also
needed.

In order to ensure quality care, it is therefore imperative that
regulators, providers, and patients be thoroughly familiar with the
range of CAM services, and that there be some form of oversight to
ensure minimal standards of care be met by CAM practitioners. In March
2000, the White House Commission on Complementary and Alternative
Medicine Policy was established to address issues related to access
and delivery of CAM, priorities for research, and the need for better
education of consumers and health care professionals about CAM. That
Commission produced a report in March 2002, which, among other things,
recommended that more information about CAM should be available to
providers and patients.

This bill meets that challenge by building on existing efforts of the
state Department of Health to establish a state Office of
Complementary and Alternative Medicine in the Department to collect
information concerning CAM, provide information about CAM to health
care professionals and patients (including information about the
relative safety and effectiveness of complementary and alternative
medicine products and services), and make recommendations concerning
CAM. It requires this Office to report on its activities to the
Governor and the Legislature biennially, and it establishes a
Complementary and Alternative Medicine.

Council to advise the Office concerning CAM, thereby ensuring the
Office will have the expertise necessary to best fulfill its purposes.

The Office will serve as the public's point of contact to.access
information about CAM. The Office will collect and disseminate
information to the public, media, and health care professionals to
promote CAM awareness and education. The Office will not provide
medical referrals, advice or recommendations about specific CAM
practitioners, products, or therapies.

 LEGISLATIVE HISTORY :
S.4666 (2007-2008)
S.4788 (2005-2006)
S.3188 (2003-2004)
S.7206 (2002)

 FISCAL IMPLICATIONS :
None.

 LOCAL FISCAL IMPLICATIONS :
None.

 EFFECTIVE DATE :
Immediately.

2009-S6742 (ACTIVE) - Bill Text download pdf

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

                                  6742

                            I N  S E N A T E

                            February 2, 2010
                               ___________

Introduced  by  Sens.  HANNON, LARKIN, MORAHAN, VOLKER -- read twice and
  ordered printed, and when printed to be committed to the Committee  on
  Health

AN  ACT  to amend the public health law, in relation to establishing the
  office of complementary and alternative medicine and establishing  its
  powers and duties

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

  Section 1. Article 2 of the public health law is amended by  adding  a
new title 6 to read as follows:
                                TITLE VI
                       OFFICE OF COMPLEMENTARY AND
                          ALTERNATIVE MEDICINE
SECTION 266. DEFINITIONS.
        266-A. OFFICE OF COMPLEMENTARY AND ALTERNATIVE MEDICINE.
        266-B. PREPARATION AND DISTRIBUTION OF REPORTS.
        266-C. COMPLEMENTARY AND ALTERNATIVE MEDICINE COUNCIL.
  S 266. DEFINITIONS. FOR THE PURPOSES OF THIS TITLE:
  1.  "COMPLEMENTARY  AND  ALTERNATIVE MEDICINE" SHALL MEAN THE GROUP OF
MEDICAL, HEALTH CARE AND  HEALING  SYSTEMS,  INCLUDING  NON-CONVENTIONAL
MEDICAL TREATMENTS, OTHER THAN THOSE INCLUDED IN MAINSTREAM HEALTH CARE,
INCLUDING  THE  WORLDVIEWS, THEORIES, MODALITIES, PRODUCTS AND PRACTICES
ASSOCIATED WITH THESE SYSTEMS AND THEIR USE TO TREAT ILLNESS AND PROMOTE
HEALTH AND WELL-BEING.
  2. "COMPLEMENTARY AND ALTERNATIVE MEDICINE COUNCIL"  SHALL  MEAN  THAT
ADVISORY BODY TO THE COMMISSIONER, CREATED PURSUANT TO THE PROVISIONS OF
SECTION TWO HUNDRED SIXTY-SIX-C OF THIS TITLE.
  3.  "OFFICE"  SHALL  MEAN  THE OFFICE OF COMPLEMENTARY AND ALTERNATIVE
MEDICINE, CREATED PURSUANT TO SECTION TWO HUNDRED  SIXTY-SIX-A  OF  THIS
TITLE.
  S  266-A.  OFFICE  OF COMPLEMENTARY AND ALTERNATIVE MEDICINE. THERE IS
HEREBY CREATED, WITHIN THE DEPARTMENT, THE OFFICE OF  COMPLEMENTARY  AND
ALTERNATIVE MEDICINE. SUCH OFFICE SHALL:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15387-01-0

S. 6742                             2

  1.  ENGAGE IN COORDINATED RESEARCH CONCERNING COMPLEMENTARY AND ALTER-
NATIVE MEDICINE, INCLUDING, BUT NOT LIMITED TO, WHAT  COMPLEMENTARY  AND
ALTERNATIVE  MEDICINE  PRODUCTS  AND SERVICES, INCLUDING NUTRITIONAL AND
HERBAL SUPPLEMENTS, ARE AVAILABLE TO  PATIENTS,  HOW  TO  DETERMINE  THE
QUALITY  OF  SUCH  PRODUCTS  AND  SERVICES,  AND  HOW  SUCH PRODUCTS AND
SERVICES MAY BE EFFECTIVELY INTEGRATED WITH MORE MAINSTREAM HEALTH CARE;
  2. PROVIDE HEALTH CARE PROFESSIONALS AND PATIENTS  WITH  RELIABLE  AND
USEFUL  INFORMATION  ABOUT  COMPLEMENTARY  AND ALTERNATIVE MEDICINE IN A
READILY ACCESSIBLE  AND  UNDERSTANDABLE  MANNER,  INCLUDING  INFORMATION
ABOUT  THE RELATIVE SAFETY AND EFFECTIVENESS OF COMPLEMENTARY AND ALTER-
NATIVE MEDICINE PRODUCTS AND SERVICES;
  3. DEVELOP RECOMMENDATIONS CONCERNING THE EDUCATION  AND  TRAINING  OF
LICENSED  HEALTH  CARE  PRACTITIONERS  IN  COMPLEMENTARY AND ALTERNATIVE
MEDICINE, APPROPRIATE OVERSIGHT OF  CURRENTLY  UNLICENSED  OR  OTHERWISE
UNREGULATED PRACTITIONERS OF COMPLEMENTARY AND ALTERNATIVE MEDICINE, AND
ENSURING  APPROPRIATE ACCESS TO AND DELIVERY OF COMPLEMENTARY AND ALTER-
NATIVE MEDICINE;
  4. TOGETHER WITH THE COMPLEMENTARY AND ALTERNATIVE  MEDICINE  COUNCIL,
SERVE  AS  LIAISON  AND ADVOCATE FOR THE DEPARTMENT ON COMPLEMENTARY AND
ALTERNATIVE MEDICINE MATTERS. THIS FUNCTION SHALL INCLUDE THE  PROVISION
OF  STAFF  SUPPORT TO THE COMPLEMENTARY AND ALTERNATIVE MEDICINE COUNCIL
AND THE ESTABLISHMENT  OF  APPROPRIATE  PROGRAM  LINKAGES  WITH  RELATED
FEDERAL, STATE, AND LOCAL AGENCIES;
  5.  HOST SUCH PUBLIC HEARINGS AND ROUNDTABLE DISCUSSIONS AS THE OFFICE
SHALL DEEM NECESSARY FOR A FULL  AND  FAIR  EXAMINATION  OF  THE  ISSUES
SURROUNDING COMPLEMENTARY AND ALTERNATIVE MEDICINE; AND
  6. APPLY FOR GRANTS, AND ACCEPT GIFTS FROM PRIVATE AND PUBLIC SOURCES,
FOR THE PURPOSES LISTED IN THIS SECTION.
  S 266-B. PREPARATION AND DISTRIBUTION OF REPORTS. THE DEPARTMENT SHALL
SUBMIT  A BIENNIAL REPORT TO THE GOVERNOR AND THE LEGISLATURE DESCRIBING
THE ACTIVITIES OF THE OFFICE. THE FIRST SUCH REPORT SHALL BE TRANSMITTED
ON OR BEFORE SEPTEMBER FIRST, TWO THOUSAND  ELEVEN.  SUCH  REPORT  SHALL
CONTAIN THE FOLLOWING INFORMATION:
  1. THE ACTIVITIES OF THE OFFICE, EXPENDITURES INCURRED IN CARRYING OUT
SUCH  ACTIVITIES  AND  ANTICIPATED  ACTIVITIES  TO  BE UNDERTAKEN IN THE
FUTURE;
  2. PROGRESS IN FULFILLING THE PURPOSES LISTED IN SECTION  TWO  HUNDRED
SIXTY-SIX-A OF THIS TITLE;
  3.  RECOMMENDATIONS  PURSUANT  TO  SUBDIVISION  THREE  OF  SECTION TWO
HUNDRED SIXTY-SIX-A OF THIS TITLE; AND
  4. ANY RECOMMENDED IMPROVEMENTS TO PROGRAMS, REGULATIONS  OR  STATUTES
THAT WOULD ENHANCE THE EFFECTIVENESS OF THE OFFICE.
  S  266-C.  COMPLEMENTARY AND ALTERNATIVE MEDICINE COUNCIL. 1. APPOINT-
MENT OF MEMBERS. THERE SHALL BE ESTABLISHED IN THE OFFICE A COMPLEMENTA-
RY AND ALTERNATIVE MEDICINE COUNCIL TO CONSIST OF THE  COMMISSIONER  AND
FOURTEEN  MEMBERS  TO  BE APPOINTED BY THE GOVERNOR, WITH THE ADVICE AND
CONSENT OF THE SENATE. MEMBERS SHALL BE KNOWLEDGEABLE ABOUT COMPLEMENTA-
RY AND ALTERNATIVE MEDICINE, AND SHALL INCLUDE, BUT NOT BE  LIMITED  TO,
LICENSED HEALTH CARE PRACTITIONERS.
  2.  TERMS  OF  OFFICE; VACANCIES. A. THE TERMS OF OFFICE OF MEMBERS OF
THE COMPLEMENTARY AND ALTERNATIVE MEDICINE COUNCIL SHALL BE  SIX  YEARS.
THE MEMBERS OF THE COUNCIL SHALL CONTINUE IN OFFICE UNTIL THE EXPIRATION
OF  THEIR TERMS AND UNTIL THEIR SUCCESSORS ARE APPOINTED AND HAVE QUALI-
FIED.  SUCH APPOINTMENTS SHALL BE MADE BY THE GOVERNOR, WITH THE  ADVICE
AND  CONSENT  OF THE SENATE, WITHIN ONE YEAR FOLLOWING THE EXPIRATION OF
SUCH TERMS.

S. 6742                             3

  B. VACANCIES SHALL BE FILLED BY APPOINTMENT BY THE  GOVERNOR  FOR  THE
UNEXPIRED  TERMS  WITHIN  ONE YEAR OF THE DATE UPON WHICH SUCH VACANCIES
OCCUR.
  C.  IN  MAKING APPOINTMENTS TO THE COUNCIL, THE GOVERNOR SHALL SEEK TO
ENSURE THAT MEMBERSHIP ON THE COUNCIL IS CONSISTENT WITH THE  PROVISIONS
OF SUBDIVISION ONE OF THIS SECTION.
  3.  MEETINGS.  A.  THE  COMPLEMENTARY AND ALTERNATIVE MEDICINE COUNCIL
SHALL MEET AS FREQUENTLY AS ITS BUSINESS MAY REQUIRE, AND AT LEAST TWICE
IN EACH YEAR.
  B. THE GOVERNOR SHALL DESIGNATE ONE OF ITS MEMBERS AS ITS CHAIR.
  4. COMPENSATION AND EXPENSES. THE MEMBERS OF THE COUNCIL  SHALL  SERVE
WITHOUT  COMPENSATION  OTHER  THAN REIMBURSEMENT OF ACTUAL AND NECESSARY
EXPENSES.
  5. POWERS AND DUTIES. THE COMPLEMENTARY AND ALTERNATIVE MEDICINE COUN-
CIL SHALL, AT THE REQUEST OF THE COMMISSIONER, CONSIDER AND  ADVISE  THE
OFFICE  CONCERNING  ANY  MATTER  RELATING  TO THE PURPOSES OF THE OFFICE
LISTED IN SECTION TWO HUNDRED SIXTY-SIX-A OF THIS TITLE.
  S 2. This act shall take effect immediately.

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Senate Bill S6742

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