NY State Senate Bill 2011-S4247

Archive: Last Bill Status - In Senate Committee Higher Education 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
Jan 04, 2012	referred to higher education
Mar 25, 2011	referred to higher education

co-Sponsors

2011-S4247 (ACTIVE) - Details

Current Committee:: Senate Higher Education
Law Section:: Education Law
Laws Affected:: Add Art 155-A §§7850 - 7857, Ed L
Versions Introduced in 2009-2010 Legislative Session:: S7516

2011-S4247 (ACTIVE) - Summary

Provides for the licensure of reflexology practitioners; the appointment by the board of regents of a state board for reflexology; requirements for a professional license and persons exempt from such requirements.

2011-S4247 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S4247

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
licensing be met.

SUMMARY OF SPECIFIC PROVISIONS:
This bill introduces a new article 155-A
to education law. The new article 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, 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
continue 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
therapies 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 contraindications are known and
that it is only carried out by trained Reflexologist. 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 currently provides none of the above for practicing
Reflexology; however this bill would set standards for this profession.

PRIOR LEGISLATIVE HISTORY:
2009-10 A.10076 (Latimer) Referred to Assembly Higher Education

FISCAL IMPLICATIONS:
Monies collected from licensing would generate
additional revenue for the state.

EFFECTIVE DATE:
This act will take effect immediately.

2011-S4247 (ACTIVE) - Bill Text download pdf

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

                                  4247

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             March 25, 2011
                               ___________

Introduced  by  Sen. PERKINS -- read twice and ordered printed, and when
  printed to be committed to the Committee 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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00310-02-1

S. 4247                             2

  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, 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, 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. 4247                             3

  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.
  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 BEAUTY CULTURIST.
  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

S. 4247                             4

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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Senate Bill S4247

Sponsored By

Archive: Last Bill Status - In Senate Committee Higher Education Committee

co-Sponsors

2011-S4247 (ACTIVE) - Details

2011-S4247 (ACTIVE) - Summary

2011-S4247 (ACTIVE) - Sponsor Memo

2011-S4247 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S4247

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Sponsored By

Bill Perkins

Archive: Last Bill Status - In Senate Committee Higher Education Committee

co-Sponsors

Joseph P. Addabbo Jr.

John J. Bonacic

Liz Krueger

Suzi Oppenheimer

2011-S4247 (ACTIVE) - Details

2011-S4247 (ACTIVE) - Summary

2011-S4247 (ACTIVE) - Sponsor Memo

2011-S4247 (ACTIVE) - Bill Text download pdf

Comments