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

                                  8816

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 4, 2012
                               ___________

Introduced  by  M.  of  A.  GOTTFRIED,  COOK, ENGLEBRIGHT, CLARK, GALEF,
  COLTON, MAGNARELLI -- Multi-Sponsored by -- M. of  A.  CAHILL,  MAGEE,
  McENENY -- read once and referred to the Committee on Higher Education

AN  ACT  to  amend  the  education  law  and the social services law, in
  relation to the licensing of acupuncturists and the  practice  of  the
  profession of acupuncture, and establishing acupuncturists as mandato-
  ry reporters of suspected cases of child abuse and maltreatment

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

  Section 1. Paragraph (a) of subdivision  1  of  section  8211  of  the
education  law,  as added by chapter 772 of the laws of 1990, is amended
to read as follows:
  (a) "Profession of acupuncture" is the treating, by means  of  mechan-
ical,  thermal  or  electrical  stimulation effected by the insertion of
needles or by the application of heat,  pressure  or  electrical  stimu-
lation  at  a  point or combination of points on the surface of the body
predetermined on the basis of the theory of the  physiological  interre-
lationship  of  body  organs  with an associated point or combination of
points for diseases, disorders and dysfunctions  of  the  body  for  the
purpose  of  achieving a therapeutic or prophylactic effect. THE PROFES-
SION OF ACUPUNCTURE INCLUDES RECOMMENDATION OF TRADITIONAL REMEDIES  AND
SUPPLEMENTS  INCLUDING,  BUT NOT LIMITED TO, THE RECOMMENDATION OF DIET,
HERBS AND NATURAL PRODUCTS, AND THEIR  PREPARATION  IN  ACCORDANCE  WITH
TRADITIONAL  AND  MODERN  PRACTICES  OF  MODERN  EAST  ASIAN OR ORIENTAL
(CHINESE, KOREAN OR JAPANESE) MEDICAL THEORY.  ANY  ACUPUNCTURIST  WHOSE
PRACTICE  INCLUDES  THE RECOMMENDATION OF CUSTOM-MADE REMEDIES OR HERBAL
FORMULATIONS  SHALL  BE  SUBJECT  TO  THE  REQUIREMENT  IMPOSED  BY  THE
PROVISIONS OF SUBDIVISION EIGHT-A OF SECTION EIGHTY-TWO HUNDRED FOURTEEN
OF THIS ARTICLE.
  S  2.  Subdivision 1 of section 8213 of the education law, as added by
chapter 772 of the laws of 1990, is amended to read as follows:
  (1)(A) There is hereby established within the department a state board
for acupuncture. [The] ON AND BEFORE SEPTEMBER THIRTIETH,  TWO  THOUSAND
THIRTEEN,  THE board shall consist of not less than eleven members to be
appointed by the board of regents on the recommendation of  the  commis-
              

sioner for the purpose of assisting the board of regents and the depart-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13551-01-1

A. 8816                             2

ment  on  matters  of professional licensing and professional conduct in
accordance with section  sixty-five  hundred  eight  of  this  [chapter]
TITLE, four of whom shall be licensed acupuncturists, four of whom shall
be  licensed  physicians  certified to use acupuncture and three of whom
shall be public members representing the consumer and community. [Of the
acupuncturists first appointed to the board, one  may  be  a  registered
specialist's assistant-acupuncture provided that the term of such regis-
tered  specialist's  assistant-acupuncture  shall  not be more than four
years.] Of the members first appointed, three shall be appointed  for  a
one  year  term,  three shall be appointed for a two year term and three
shall be appointed for a three year term, and two shall be appointed for
a four year term. Thereafter all  members  shall  serve  for  five  year
terms.  In  the  event  that  more  than eleven members are appointed, a
majority of the additional members shall be licensed acupuncturists. The
members of the board shall select one of themselves as chairman to serve
for a one year term.
  (B) ON AND AFTER OCTOBER FIRST, TWO THOUSAND THIRTEEN, THE BOARD SHALL
CONSIST OF NOT LESS THAN TWELVE MEMBERS APPOINTED AS SPECIFIED IN  PARA-
GRAPH  (A) OF THIS SUBDIVISION, EXCEPT THAT AT LEAST SIX OF SUCH MEMBERS
SHALL BE  LICENSED  ACUPUNCTURISTS,  THREE  OF  SUCH  MEMBERS  SHALL  BE
LICENSED PHYSICIANS CERTIFIED TO USE ACUPUNCTURE AND THREE OF WHOM SHALL
BE PUBLIC MEMBERS REPRESENTING THE CONSUMER AND COMMUNITY. NO MEMBER WHO
IS  A LICENSED PHYSICIAN CERTIFIED TO USE ACUPUNCTURE AND WHO IS SERVING
ON THE BOARD ON THE EFFECTIVE DATE OF THIS PARAGRAPH SHALL  BE  REQUIRED
TO  VACATE  HIS  OR HER POSITION AS A MEMBER OF THE BOARD AS A RESULT OF
THE REDUCTION IN SUCH PHYSICIAN MEMBERS FROM FOUR TO THREE AS  SPECIFIED
IN THIS PARAGRAPH, BUT SUCH CHANGE IN COMPOSITION SHALL BE MADE UPON THE
EXPIRATION  OF TERMS OF OFFICE, OR VACANCIES IN OFFICE, OCCURRING ON AND
AFTER SUCH DATE.
  S 3. Subdivision 8 of section 8214 of the education law, as  added  by
chapter 772 of the laws of 1990, is amended and a new subdivision 8-a is
added to read as follows:
  (8)  Registration:  if a license is granted, register triennially with
the department, including present home and  business  address  and  such
other pertinent information as the department requires[.]; AND
  (8-A)  SPECIAL  REQUIREMENT FOR RECOMMENDATION OF CUSTOM-MADE REMEDIES
OR HERBAL FORMULATIONS: ON AND AFTER OCTOBER FIRST, TWO  THOUSAND  THIR-
TEEN,  AN  APPLICANT  WHOSE  PROFESSIONAL CONDUCT IN CONNECTION WITH THE
PRACTICE OF ACUPUNCTURE SHALL INCLUDE THE RECOMMENDATION OF  CUSTOM-MADE
REMEDIES  OR  HERBAL  FORMULATIONS  MUST  SUBMIT  EVIDENCE OF SUCCESSFUL
PASSAGE OF THE HERBAL EXAMINATION  MODULE  OF  A  NATIONAL  PROFESSIONAL
ORGANIZATION  IN THE FIELD OF ACUPUNCTURE RECOGNIZED FOR THIS PURPOSE BY
THE COMMISSIONER.
  S 4. Section 8216 of the education law is  amended  by  adding  a  new
subdivision 8 to read as follows:
  (8)  ANY  PERSON WHO IS AN ACUPUNCTURIST LICENSED TO PRACTICE ACUPUNC-
TURE IN ANOTHER STATE OR COUNTRY MAY PRACTICE ACUPUNCTURE IN THIS  STATE
WITHOUT  A LICENSE IF HE OR SHE IS CONDUCTING A TEACHING CLINICAL DEMON-
STRATION IN THIS STATE IN CONNECTION WITH A PROGRAM  OF  BASIC  CLINICAL
EDUCATION, GRADUATE EDUCATION, OR POST-GRADUATE EDUCATION IN AN APPROVED
SCHOOL  OF  ACUPUNCTURE OR IN ITS AFFILIATED CLINICAL FACILITY OR HEALTH
CARE AGENCY, OR BEFORE  A  GROUP  OF  LICENSED  ACUPUNCTURISTS  WHO  ARE
MEMBERS OF A PROFESSIONAL SOCIETY.
  S 5. The education law is amended by adding a new section 8217 to read
as follows:

A. 8816                             3

  S  8217. MANDATORY CONTINUING EDUCATION. 1. (A) EACH LICENSED ACUPUNC-
TURIST REQUIRED UNDER ARTICLE ONE HUNDRED  THIRTY  OF  THIS  CHAPTER  TO
REGISTER  TRIENNIALLY WITH THE DEPARTMENT TO PRACTICE IN THE STATE SHALL
COMPLY WITH PROVISIONS OF THE MANDATORY  CONTINUING  EDUCATION  REQUIRE-
MENTS  PRESCRIBED IN SUBDIVISION TWO OF THIS SECTION EXCEPT AS SET FORTH
IN PARAGRAPHS (B) AND (C) OF THIS SUBDIVISION. ACUPUNCTURISTS WHO DO NOT
SATISFY THE MANDATORY CONTINUING EDUCATION REQUIREMENTS SHALL NOT  PRAC-
TICE UNTIL THEY HAVE MET SUCH REQUIREMENTS, EXCEPT THAT AN ACUPUNCTURIST
MAY PRACTICE WITHOUT HAVING MET SUCH REQUIREMENTS IF HE OR SHE IS ISSUED
A CONDITIONAL REGISTRATION CERTIFICATE AS SPECIFIED IN SUBDIVISION THREE
OF THIS SECTION.
  (B)  ACUPUNCTURISTS  SHALL  BE  EXEMPT  FROM  THE MANDATORY CONTINUING
EDUCATION REQUIREMENT FOR THE TRIENNIAL REGISTRATION PERIOD DURING WHICH
THEY ARE FIRST LICENSED. IN ACCORD WITH  THE  INTENT  OF  THIS  SECTION,
ADJUSTMENT  TO  THE  MANDATORY  CONTINUING  EDUCATION REQUIREMENT MAY BE
GRANTED BY THE DEPARTMENT FOR REASONS OF HEALTH CERTIFIED BY  AN  APPRO-
PRIATE HEALTH CARE PROFESSIONAL, FOR EXTENDED ACTIVE DUTY WITH THE ARMED
FORCES  OF  THE UNITED STATES, OR FOR OTHER GOOD CAUSE ACCEPTABLE TO THE
DEPARTMENT WHICH MAY PREVENT COMPLIANCE.
  (C) A LICENSED ACUPUNCTURIST NOT ENGAGED IN PRACTICE AS DETERMINED  BY
THE  DEPARTMENT, SHALL BE EXEMPT FROM THE MANDATORY CONTINUING EDUCATION
REQUIREMENT UPON THE FILING OF A STATEMENT WITH THE DEPARTMENT DECLARING
SUCH STATUS. ANY LICENSEE WHO RETURNS TO  THE  PRACTICE  OF  ACUPUNCTURE
DURING  THE  TRIENNIAL  REGISTRATION  PERIOD SHALL NOTIFY THE DEPARTMENT
PRIOR TO REENTERING THE PROFESSION AND SHALL MEET SUCH MANDATORY  EDUCA-
TION  REQUIREMENTS  AS SHALL BE PRESCRIBED BY REGULATIONS OF THE COMMIS-
SIONER.
  2. DURING EACH TRIENNIAL REGISTRATION PERIOD AN APPLICANT  FOR  REGIS-
TRATION  SHALL  COMPLETE  A  MINIMUM  OF  THIRTY-SIX HOURS OF ACCEPTABLE
FORMAL CONTINUING EDUCATION, AS SPECIFIED IN SUBDIVISION  FOUR  OF  THIS
SECTION,  PROVIDED  THAT  NO MORE THAN EIGHTEEN HOURS OF SUCH CONTINUING
EDUCATION SHALL CONSIST OF SELF-STUDY COURSES. ANY  ACUPUNCTURIST  WHOSE
FIRST  REGISTRATION  DATE  FOLLOWING  THE EFFECTIVE DATE OF THIS SECTION
OCCURS LESS THAN THREE YEARS FROM SUCH EFFECTIVE DATE, BUT ON  OR  AFTER
OCTOBER  FIRST,  TWO THOUSAND THIRTEEN, SHALL COMPLETE CONTINUING EDUCA-
TION HOURS ON A PRORATED BASIS AT THE RATE OF ONE HOUR PER MONTH FOR THE
PERIOD BEGINNING OCTOBER FIRST, TWO THOUSAND THIRTEEN UP  TO  THE  FIRST
REGISTRATION DATE THEREAFTER, BUT NO ACUPUNCTURIST SHALL IN ANY EVENT BE
REQUIRED  TO  COMPLETE  LESS  THAN  SIX HOURS OF CONTINUING EDUCATION. A
LICENSEE WHO  HAS  NOT  SATISFIED  THE  MANDATORY  CONTINUING  EDUCATION
REQUIREMENTS SHALL NOT BE ISSUED A TRIENNIAL REGISTRATION CERTIFICATE BY
THE  DEPARTMENT  AND  SHALL  NOT PRACTICE UNLESS AND UNTIL A CONDITIONAL
REGISTRATION CERTIFICATE IS ISSUED AS PROVIDED FOR IN SUBDIVISION  THREE
OF  THIS  SECTION. CONTINUING EDUCATION HOURS TAKEN DURING ONE TRIENNIUM
MAY NOT BE TRANSFERRED TO A SUBSEQUENT TRIENNIUM.  THE MANDATORY CONTIN-
UING EDUCATION FEE SHALL BE THIRTY  DOLLARS,  SHALL  BE  PAYABLE  ON  OR
BEFORE THE FIRST DAY OF EACH TRIENNIAL REGISTRATION PERIOD, AND SHALL BE
PAID  IN  ADDITION TO THE TRIENNIAL REGISTRATION FEE REQUIRED BY SECTION
SIXTY-SEVEN HUNDRED THIRTY-FOUR OF THIS TITLE.
  3. THE DEPARTMENT, IN ITS DISCRETION, MAY ISSUE A  CONDITIONAL  REGIS-
TRATION  TO  A  LICENSEE  WHO  FAILS  TO  MEET  THE CONTINUING EDUCATION
REQUIREMENTS ESTABLISHED IN SUBDIVISION TWO  OF  THIS  SECTION  BUT  WHO
AGREES TO MAKE UP ANY DEFICIENCIES AND COMPLETE ANY ADDITIONAL EDUCATION
WHICH  THE DEPARTMENT MAY REQUIRE. THE FEE FOR SUCH A CONDITIONAL REGIS-
TRATION SHALL BE THE SAME AS, AND IN ADDITION TO, THE FEE FOR THE TRIEN-
NIAL REGISTRATION. THE DURATION OF SUCH CONDITIONAL  REGISTRATION  SHALL

A. 8816                             4

BE  DETERMINED  BY  THE  DEPARTMENT  BUT  SHALL NOT EXCEED ONE YEAR. ANY
LICENSEE WHO IS NOTIFIED OF THE DENIAL OF REGISTRATION  FOR  FAILURE  TO
SUBMIT  EVIDENCE, SATISFACTORY TO THE DEPARTMENT, OF REQUIRED CONTINUING
EDUCATION  AND  WHO PRACTICES ACUPUNCTURE WITHOUT SUCH REGISTRATION, MAY
BE SUBJECT TO DISCIPLINARY PROCEEDINGS PURSUANT  TO  SECTION  SIXTY-FIVE
HUNDRED TEN OF THIS TITLE.
  4.  (A) AS USED IN SUBDIVISION TWO OF THIS SECTION, "ACCEPTABLE FORMAL
CONTINUING EDUCATION"  SHALL  MEAN  FORMAL  COURSES  OF  LEARNING  WHICH
CONTRIBUTE  TO  PROFESSIONAL  PRACTICE IN ACUPUNCTURE AND WHICH MEET THE
STANDARDS PRESCRIBED BY REGULATIONS OF THE COMMISSIONER. THE  DEPARTMENT
MAY,  IN  ITS  DISCRETION  AND AS NEEDED TO CONTRIBUTE TO THE HEALTH AND
WELFARE OF THE PUBLIC, REQUIRE THE COMPLETION  OF  CONTINUING  EDUCATION
COURSES  IN  SPECIFIC  SUBJECTS.  TO  FULFILL  THIS MANDATORY CONTINUING
EDUCATION REQUIREMENT, COURSES SHALL BE TAKEN FROM A SPONSOR APPROVED BY
THE DEPARTMENT, PURSUANT TO  THE  REGULATIONS  OF  THE  COMMISSIONER  OR
OTHERWISE QUALIFY PURSUANT TO PARAGRAPH (B) OF THIS SUBDIVISION.
  (B)  ANY  ACUPUNCTURIST  WHO  (I) IS A PROFESSOR, ASSISTANT PROFESSOR,
ADJUNCT PROFESSOR OR INSTRUCTOR AT AN INSTITUTION  OF  HIGHER  EDUCATION
LOCATED IN THIS STATE OR (II) IS SPONSORED BY AN APPROVED INSTITUTION OR
ASSOCIATION  AND  WHO  SERVES AS AN INSTRUCTOR IN A COURSE OF CONTINUING
EDUCATION WHICH IS APPROVED AS SPECIFIED IN THE STANDARDS ESTABLISHED BY
THE COMMISSIONER, MAY RECEIVE CONTINUING EDUCATION CREDIT FOR COURSES IN
WHICH HE OR SHE SERVES AS THE INSTRUCTOR.  FOR  EVERY  TWELVE  HOURS  OF
IN-CLASS  INSTRUCTION,  SUCH  ACUPUNCTURIST  SHALL  RECEIVE  ONE HOUR OF
CONTINUING EDUCATION CREDIT, UP TO A MAXIMUM OF EIGHTEEN HOURS, FOR  ANY
TRIENNIAL  PERIOD.  EVIDENCE OF SUCH INSTRUCTION SHALL BE SUBMITTED, AND
CREDIT APPROVED, AS SPECIFIED BY THE COMMISSIONER.
  5. ACUPUNCTURISTS SHALL MAINTAIN ADEQUATE DOCUMENTATION OF  COMPLETION
OF  ACCEPTABLE  FORMAL  CONTINUING  EDUCATION  AND  SHALL  PROVIDE  SUCH
DOCUMENTATION AT THE REQUEST OF THE DEPARTMENT. FAILURE TO PROVIDE  SUCH
DOCUMENTATION  UPON  THE  REQUEST  OF  THE DEPARTMENT SHALL BE AN ACT OF
MISCONDUCT SUBJECT  TO  DISCIPLINARY  PROCEEDINGS  PURSUANT  TO  SECTION
SIXTY-FIVE HUNDRED TEN OF THIS TITLE.
  S  6.  Paragraph  a  of subdivision 3 of section 6507 of the education
law, as amended by chapter 356 of the laws of 2006, is amended  to  read
as follows:
  a. Establish standards for preprofessional and professional education,
experience and licensing examinations as required to implement the arti-
cle for each profession. Notwithstanding any other provision of law, the
commissioner shall establish standards requiring that all persons apply-
ing,  on or after January first, nineteen hundred ninety-one, initially,
or for the renewal of, a license, registration or limited permit to be a
physician, chiropractor, dentist, registered nurse, podiatrist, ACUPUNC-
TURIST, optometrist, psychiatrist, psychologist, licensed master  social
worker,  licensed  clinical social worker, licensed creative arts thera-
pist, licensed marriage and family  therapist,  licensed  mental  health
counselor,  licensed  psychoanalyst, or dental hygienist shall, in addi-
tion to all the other licensure, certification or  permit  requirements,
have  completed  two hours of coursework or training regarding the iden-
tification and reporting of child abuse and maltreatment. The coursework
or training shall be obtained from an institution or provider which  has
been  approved by the department to provide such coursework or training.
The coursework or training shall include information regarding the phys-
ical and behavioral indicators of child abuse and maltreatment  and  the
statutory  reporting requirements set out in sections four hundred thir-
teen through four hundred twenty of the social services  law,  including

A. 8816                             5

but  not  limited  to,  when  and  how a report must be made, what other
actions the reporter is  mandated  or  authorized  to  take,  the  legal
protections  afforded  reporters,  and  the  consequences for failing to
report. Such coursework or training may also include information regard-
ing  the  physical and behavioral indicators of the abuse of individuals
with mental retardation and other developmental disabilities and  volun-
tary  reporting  of  abused  or neglected adults to the office of mental
retardation and developmental disabilities or the local adult protective
services unit. Each applicant shall provide the department with documen-
tation showing that he or she has completed the required  training.  The
department shall provide an exemption from the child abuse and maltreat-
ment  training  requirements  to  any  applicant  who  requests  such an
exemption and who shows, to the department's  satisfaction,  that  there
would be no need because of the nature of his or her practice for him or
her to complete such training;
  S  7.  Paragraph  (a)  of  subdivision  1 of section 413 of the social
services law, as amended by chapter 91 of the laws of 2011,  is  amended
to read as follows:
  (a)  The  following  persons  and  officials are required to report or
cause a report to be made in accordance with this title when  they  have
reasonable  cause  to  suspect  that a child coming before them in their
professional or official capacity is an abused or maltreated  child,  or
when  they have reasonable cause to suspect that a child is an abused or
maltreated child where the parent, guardian, custodian or  other  person
legally  responsible  for  such child comes before them in their profes-
sional or official capacity and states from  personal  knowledge  facts,
conditions or circumstances which, if correct, would render the child an
abused  or maltreated child: any physician; registered physician assist-
ant; surgeon; medical  examiner;  coroner;  dentist;  dental  hygienist;
osteopath;  optometrist;  chiropractor; podiatrist; ACUPUNCTURIST; resi-
dent; intern; psychologist; registered nurse; social  worker;  emergency
medical  technician; licensed creative arts therapist; licensed marriage
and family therapist; licensed mental health counselor; licensed psycho-
analyst; hospital personnel engaged in the admission, examination,  care
or  treatment of persons; a Christian Science practitioner; school offi-
cial, which includes but is not limited to school teacher, school  guid-
ance counselor, school psychologist, school social worker, school nurse,
school administrator or other school personnel required to hold a teach-
ing  or  administrative  license or certificate; social services worker;
director of a children's overnight camp, summer day  camp  or  traveling
summer  day  camp, as such camps are defined in section thirteen hundred
ninety-two of the public health law; day care center worker;  school-age
child care worker; provider of family or group family day care; employee
or  volunteer in a residential care facility defined in subdivision four
of section four hundred twelve-a of this title or any other  child  care
or foster care worker; mental health professional; substance abuse coun-
selor;  alcoholism  counselor; all persons credentialed by the office of
alcoholism and substance abuse services; peace officer; police  officer;
district  attorney or assistant district attorney; investigator employed
in the office of a district attorney; or other law enforcement official.
  S 8. This act shall take effect October 1,  2013;  provided,  however,
that effective immediately, the state education department is authorized
to  take  such  steps  in  advance of such effective date, including the
addition, amendment and/or repeal of any rule or regulation  as  may  be
necessary, to ensure the timely implementation of the provisions of this
act on such effective date.