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

                                 2099--A

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            January 13, 2011
                               ___________

Introduced  by  M.  of  A.  LATIMER, PAULIN, LUPARDO, DenDEKKER, MAISEL,
  ROBERTS, BARRON, BENEDETTO -- Multi-Sponsored by -- M. of A. ABINANTI,
  AUBRY, CALHOUN, COOK, CROUCH, GABRYSZAK, GALEF, HIKIND, KATZ, KELLNER,
  PEOPLES-STOKES, RAIA, P. RIVERA, ROBINSON, THIELE, WEISENBERG,  WRIGHT
  --  read  once  and  referred  to the Committee on Higher Education --
  recommitted to the Committee on Higher 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 licensing and
  regulation of the profession of reflexology

  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" MEANS THE STATE BOARD FOR REFLEXOLOGY  CREATED  BY  SECTION
SEVENTY-EIGHT HUNDRED FIFTY-THREE OF THIS ARTICLE.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00310-03-2
              

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  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" MEANS THE SYSTEMATIC APPLICATION OF ALTERNATING PRES-
SURE  BY THE USE OF A PRACTITIONER'S HANDS, THUMBS AND FINGERS TO REFLEX
POINTS ON AN INDIVIDUAL'S HANDS, FEET, FACE OR EARS,  USING  ALTERNATING
PRESSURE  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,  LIMITED  LIABILITY COMPANY OR
CORPORATION SHALL DESCRIBE ITS SERVICES IN ANY MANNER  UNDER  THE  TITLE
"REFLEXOLOGY" UNLESS SUCH SERVICES 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 ESTABLISHED AND APPOINTED BY THE BOARD OF REGENTS ON THE RECOM-
MENDATION 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 REFLEXOLOGY FOR AT LEAST THREE YEARS, TWO OF  WHOM  SHALL
BE  PHYSICIANS  OR  NURSES LICENSED IN THIS STATE AND ONE WHO SHALL BE A
PUBLIC MEMBER REPRESENTING CONSUMERS AND  THE  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
BOARD, SHALL PROMULGATE SUCH RULES AND REGULATIONS AS THEY  DEEM  NECES-
SARY 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 A
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 THIS STATE 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.

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  2. LICENSES SHALL BE VALID FOR FOUR YEARS.
  S  7855.  EXEMPT  PERSONS.  NOTHING CONTAINED IN THIS ARTICLE SHALL BE
CONSTRUED TO PROHIBIT:
  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 THAT FORM OF MASSAGE WHICH IS CUSTOMARILY GIVEN IN
BARBER SHOPS OR BEAUTY PARLORS FOR THE PURPOSE OF BEAUTIFICATION BY  ANY
LICENSED BARBER OR COSMETOLOGIST.
  3.  THE  PRACTICE  OF  REFLEXOLOGY BY ANY PERSON EMPLOYED IN A 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 PURSUANT
TO SUBDIVISION 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  SEVENTY-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 PURSUANT TO
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  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, WHEN AN INDIVIDUAL FULFILLS ALL EXCEPT  THE  CERTIFICATION
AND APPLICATION REQUIREMENTS OF SECTION SEVENTY-EIGHT HUNDRED FIFTY-FOUR
OF  THIS  ARTICLE.  SUCH INDIVIDUAL SHALL HAVE EIGHTEEN MONTHS TO ATTAIN
SUCH CERTIFICATION FROM THE AMERICAN REFLEXOLOGY CERTIFICATION BOARD AND
APPLY FOR A LICENSE TO PRACTICE REFLEXOLOGY.
  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 AMERICAN REFLEXOLOGY CERTIFICATION BOARD
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 ARTI-
CLE.

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  S 2. The department of education shall transmit  to  the  state  comp-
troller for deposit in the special revenues account of the 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 on the sixtieth day after it shall
have become a law.