senate Bill S3306B

2013-2014 Legislative Session

Relates to the licensing of acupuncturists and the practice of the profession of acupuncture

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Mar 17, 2014 print number 3306b
amend and recommit to higher education
Jan 08, 2014 referred to higher education
Jun 12, 2013 print number 3306a
amend and recommit to higher education
Jan 31, 2013 referred to higher education

Bill Amendments

Original
A
B (Active)
Original
A
B (Active)

Co-Sponsors

S3306 - Bill Details

See Assembly Version of this Bill:
A4470A
Current Committee:
Senate Higher Education
Law Section:
Education Law
Laws Affected:
Amd §§8211, 8213, 8214, 8216 & 6507, add §8217, Ed L; amd §413, Soc Serv L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S3511A, A5219, A8816
2009-2010: S5512A, A3717A

S3306 - Bill Texts

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Relates to the licensing of acupuncturists and the practice of the profession of acupuncture; further establishes acupuncturists as mandatory reporters of suspected cases of child abuse and maltreatment.

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BILL NUMBER:S3306

TITLE OF BILL: 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 acupunctu-
rists as mandatory reporters of suspected cases of child abuse and
maltreatment

PURPOSE: To make the statutory scope of practice of acupuncture conform
to the traditional scope including the use of herbs that are part of
acupuncture in oriental (Chinese, Japanese, Korean) medicine. To alter
the composition of the state board to reflect the traditional scope of
practice and require additional certification and continuing education
in relation to such practice. To include acupuncturists among the manda-
tory reporters of suspected child abuse and maltreatment.

SUMMARY OF PROVISIONS:

Section 1 of the bill amends paragraph (a) of subdivision (1) of section
8211 of the education law to include the recommendation of diet, herbs,
and natural products, and their preparation in accordance with tradi-
tional and modem East Asian or Oriental (Chinese, Korean or Japanese)
medical theory within the definition of the profession of acupuncture.

Section 2 of the bill amends subdivision (1) of section 8213 of the
education law to alter the composition of the state board for acupunc-
ture to provide for an additional two acupuncturist members and reduce
the number of required physician members by one

Section 3 of the bill amends section 8214 of the education law to
require that any acupuncturist whose practice is to include the newly
authorized recommendation of the custom-made remedies must submit
evidence of successful passage of an approved herbal exam module.

Section 4 of the bill adds a new subdivision (8) to section 8216 of the
education law to make a limited exception to the state's licensing
requirement for acupuncturists to any person who is an acupuncturist
licensed to practice acupuncture in another state or country if he or
she is conducting a teaching clinical demonstration in this state in
connection with a program of basic clinical education, graduate educa-
tion, 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 soci-
ety.

Section 5 of the bill adds a new section 8217 to the education law which
will require acupuncturists to complete a mandatory continuing education
program consisting of thirty-six hours of documented study during the
course of each triennial licensing period.

Section 6 and 7 of the bill amend paragraph a of subdivision 3 of
section 6507 of the education law and subdivision 1 of section 413 of
the social services law to add acupuncturists to the list of statutorily
required reporters of suspected child abuse and maltreatment and in
connection therewith it requires acupuncturists to undertake at least
two hours of licensure required coursework or training regarding the
identification and reporting of child abuse and maltreatment. This
training imposition is consistent with other provisions of law relating
to now current mandatory reporters who also practice one of the other
medically related professions.

Section 8 is the effective date of the bill.

JUSTIFICATION: The purpose of the bill is multi-faceted. It attempts to
advance the profession of acupuncture and bring the permissible prac-
tices and protocols associated with the profession up to standards more
appropriate to the needs of current patients. please note: This law is
not intended to permit the compounding of prescription drugs and
controlled substances, nor to permit any activities contrary to FDA
regulations.

By redefining the practice to include the recommendation of herbs,
natural products, and diet in accordance with traditional and modem East
Asian or Oriental (Chinese, Korean or Japanese) medical theory, the
public will be more capably served. Given the nuances of such expansion,
it is appropriate to alter the composition of the state board of
acupuncture which oversees the licensing process, to require an addi-
tional certification process for the newly permissible authorization,
and consistent with the same, require all acupuncturists to engage in a
program of continuing education to keep themselves current with profes-
sional standards and public expectations. Including acupuncturists with-
in the mandatory reporters in suspected child abuse and maltreatment
also is a leap forward that will benefit the public.

LEGISLATIVE HISTORY: 2009-2010: S.5512 2007-2008: A.10143 2009-2010:
S.5512 2011-2012: S.3511

FISCAL IMPLICATIONS: None to the state.

EFFECTIVE DATE: October 1, 2014; provided, however, that effective
immediately, the state education department is authorized to take such
steps in advance of such effective date, including the addition, amend-
ment 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.

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

                                  3306

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 31, 2013
                               ___________

Introduced  by Sen. NOZZOLIO -- read twice and ordered printed, and when
  printed to be committed 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:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01256-02-3

S. 3306                             2

  (1)(A) There is hereby established within the department a state board
for  acupuncture.  [The] ON AND BEFORE SEPTEMBER THIRTIETH, TWO THOUSAND
FOURTEEN, 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-
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 FOURTEEN, 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  FOUR-
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

S. 3306                             3

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:
  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 FOURTEEN, 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 FOURTEEN 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

S. 3306                             4

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
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.

S. 3306                             5

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
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] FOR PEOPLE WITH developmental disabilities or the local
adult protective services unit. Each applicant shall provide the depart-
ment with documentation  showing  that  he  or  she  has  completed  the
required  training.  The  department shall provide an exemption from the
child abuse and maltreatment training requirements to any applicant  who
requests  such an exemption and who shows, to the department's satisfac-
tion, 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 section 3 of part D of chapter  501  of  the
laws of 2012, 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; or any
other child care or foster  care  worker;  mental  health  professional;
substance  abuse  counselor;  alcoholism  counselor; all persons creden-
tialed by the office of alcoholism and substance abuse  services;  peace
officer;  police officer; district attorney or assistant district attor-
ney; investigator employed in the office  of  a  district  attorney;  or
other law enforcement official.
  S  8.  This  act shall take effect October 1, 2014; provided, however,
that if section 3 of part D of chapter 501 of the laws of 2012 is not in
effect on such effective date, then the amendments made to paragraph (a)

S. 3306                             6

of subdivision 1 of section 413 of the social services  law  by  section
seven  of this act shall take effect on the same date and same manner as
section 3 of part D of chapter 501 of the  laws  of  2012,  as  amended,
takes  effect;  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 implementa-
tion of the provisions of this act on such effective date.

Co-Sponsors

S3306A - Bill Details

See Assembly Version of this Bill:
A4470A
Current Committee:
Senate Higher Education
Law Section:
Education Law
Laws Affected:
Amd §§8211, 8213, 8214, 8216 & 6507, add §8217, Ed L; amd §413, Soc Serv L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S3511A, A5219, A8816
2009-2010: S5512A, A3717A

S3306A - Bill Texts

view summary

Relates to the licensing of acupuncturists and the practice of the profession of acupuncture; further establishes acupuncturists as mandatory reporters of suspected cases of child abuse and maltreatment.

view sponsor memo
BILL NUMBER:S3306A

TITLE OF BILL: 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 mandatory reporters of suspected cases of child
abuse and maltreatment

PURPOSE: To make the statutory scope of practice of acupuncture
conform to the traditional scope including the use of herbs that are
part of acupuncture in oriental (Chinese, Japanese, Korean) medicine.
To alter the composition of the state board to reflect the traditional
scope of practice and require additional certification and continuing
education in relation to such practice. To include acupuncturists
among the mandatory reporters of suspected child abuse and
maltreatment.

SUMMARY OF PROVISIONS:

Section 1 of the bill amends paragraph (a) of subdivision (1) of
section 8211 of the education law to include the recommendation of
diet, herbs, and natural products, and their preparation in accordance
with traditional and modern East Asian or Oriental (Chinese, Korean or
Japanese) medical theory within the definition of the profession of
acupuncture.

Section 2 of the bill amends subdivision (1) of section 8213 of the
education law to alter the composition of the state board for
acupuncture to provide for an additional two acupuncturist members and
reduce the number of required physician members by one

Section 3 of the bill amends section 8214 of the education law to
require that any acupuncturist whose practice is to include the newly
authorized recommendation of the custom-made remedies must submit
evidence of successful passage of an approved herbal exam module.

Section 4 of the bill adds a new subdivision (8) to section 8216 of
the education law to make a limited exception to the state's licensing
requirement for acupuncturists to any person who is an acupuncturist
licensed to practice acupuncture in another state or country if he or
she is conducting a teaching clinical demonstration 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.

Section 5 of the bill adds a new section 8217 to the education law
which will require acupuncturists to complete a mandatory continuing
education program consisting of thirty-six hours of documented study
during the course of each triennial licensing period.

Section 6 and 7 of the bill amend paragraph a of subdivision 3 of
section 6507 of the education law and subdivision 1 of section 413 of
the social services law to add acupuncturists to the list of
statutorily required reporters of suspected child abuse and
maltreatment and in connection therewith it requires acupuncturists to


undertake at least two hours of licensure required coursework or
training regarding the identification and reporting of child abuse and
maltreatment. This training imposition is consistent with other
provisions of law relating to now current mandatory reporters who also
practice one of the other medically related professions.

Section 8 is the effective date of the bill.

JUSTIFICATION: The purpose of the bill is multi-faceted. It attempts
to advance the profession of acupuncture and bring the permissible
practices and protocols associated with the profession up to standards
more appropriate to the needs of current patients. please note: This
law is not intended to permit the compounding of prescription drugs
and controlled substances, nor to permit any activities contrary to
FDA regulations.

By redefining the practice to include the recommendation of herbs,
natural products, and diet in accordance with traditional and modem
East Asian or Oriental (Chinese, Korean. or Japanese) medical theory,
the public will be more capably served. Given the nuances of such
expansion, it is appropriate to alter the composition of the state
board of acupuncture which oversees the licensing process, to require
an additional certification process for the newly permissible
authorization, and consistent with the same, require all
acupuncturists to engage in a program of continuing education to keep
themselves current with professional standards and public
expectations. Including acupuncturists within the mandatory reporters
in suspected child abuse and maltreatment also is a leap forward that
will benefit the public.

LEGISLATIVE HISTORY: 2009-2010: S.5512 2007-2008: A.10143 2009-2010:
S.5512 2011-2012: S.3511

FISCAL IMPLICATIONS: None to the state.

EFFECTIVE DATE: October 1, 2014; 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.

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

                                 3306--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 31, 2013
                               ___________

Introduced  by Sens. NOZZOLIO, MARTINS, PARKER, SAVINO -- read twice and
  ordered printed, and when printed to be committed to the Committee  on
  Higher  Education  --  committee  discharged,  bill  amended,  ordered
  reprinted as amended and recommitted to said committee

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
and a new paragraph (c) is added 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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01256-03-3

S. 3306--A                          2

  (C) NOTHING HEREIN SHALL BE CONSTRUED TO PROHIBIT AN INDIVIDUAL WHO IS
NOT SUBJECT TO REGULATION IN THIS STATE AS A LICENSED ACUPUNCTURIST FROM
ENGAGING IN THE RECOMMENDATION OF TRADITIONAL REMEDIES  AND  SUPPLEMENTS
AS DEFINED HEREIN.
  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
FOURTEEN,  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-
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 FOURTEEN, 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 two new subdivisions 8-a
and 9 are 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  FOUR-
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.
  (9)  CERTIFICATES  OF  HERBAL  PRACTICE:  1.  NO  ACUPUNCTURIST  SHALL
DISPENSE  OR RECOMMEND CUSTOM-MADE REMEDIES OR CUSTOM-MADE HERBAL FORMU-

S. 3306--A                          3

LATIONS WITHOUT A CERTIFICATE OF HERBAL PRACTICE ISSUED BY  THE  DEPART-
MENT PURSUANT TO REGULATIONS OF THE COMMISSIONER.
  2.  THE  FEE FOR A CERTIFICATE OF AUTHORITY SHALL BE DETERMINED BY THE
COMMISSIONER AND SHALL BE PAID ON A TRIENNIAL BASIS. A  CERTIFICATE  MAY
BE  SUSPENDED  OR  REVOKED  IN  THE SAME MANNER AS A LICENSE TO PRACTICE
ACUPUNCTURE.
  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:
  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 FOURTEEN, 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 FOURTEEN UP  TO  THE  FIRST
REGISTRATION DATE THEREAFTER, BUT NO ACUPUNCTURIST SHALL IN ANY EVENT BE

S. 3306--A                          4

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
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-

S. 3306--A                          5

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
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] FOR PEOPLE WITH developmental disabilities or the local
adult protective services unit. Each applicant shall provide the depart-
ment with documentation  showing  that  he  or  she  has  completed  the
required  training.  The  department shall provide an exemption from the
child abuse and maltreatment training requirements to any applicant  who
requests  such an exemption and who shows, to the department's satisfac-
tion, 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 section 3 of part D of chapter  501  of  the
laws of 2012, 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-

S. 3306--A                          6

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;  or  any
other  child  care  or  foster  care worker; mental health professional;
substance abuse counselor; alcoholism  counselor;  all  persons  creden-
tialed  by  the office of alcoholism and substance abuse services; peace
officer; police officer; district attorney or assistant district  attor-
ney;  investigator  employed  in  the  office of a district attorney; or
other law enforcement official.
  S 8. This act shall take effect October 1,  2014;  provided,  however,
that if section 3 of part D of chapter 501 of the laws of 2012 is not in
effect on such effective date, then the amendments made to paragraph (a)
of  subdivision  1  of section 413 of the social services law by section
seven of this act shall take effect on the same date and same manner  as
section  3  of  part  D  of chapter 501 of the laws of 2012, as amended,
takes effect; 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 implementa-
tion of the provisions of this act on such effective date.

Co-Sponsors

S3306B (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A4470A
Current Committee:
Senate Higher Education
Law Section:
Education Law
Laws Affected:
Amd §§8211, 8213, 8214, 8216 & 6507, add §8217, Ed L; amd §413, Soc Serv L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S3511A, A5219, A8816
2009-2010: S5512A, A3717A

S3306B (ACTIVE) - Bill Texts

view summary

Relates to the licensing of acupuncturists and the practice of the profession of acupuncture; further establishes acupuncturists as mandatory reporters of suspected cases of child abuse and maltreatment.

view sponsor memo
BILL NUMBER:S3306B

TITLE OF BILL: 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 mandatory reporters of suspected cases of child
abuse and maltreatment

PURPOSE:

To make the statutory scope of practice of acupuncture conform to the
traditional scope including the use of herbs that are part of
acupuncture in oriental (Chinese, Japanese, Korean) medicine. To
alter the composition of the state board to reflect the traditional
scope of practice and require additional certification and continuing
education in relation to such practice. To include acupuncturists
among the mandatory reporters of suspected child abuse and
maltreatment.

SUMMARY OF PROVISIONS:

Section 1 of the bill amends paragraph (a) of subdivision (1) of
section 8211 of the education law to include the recommendation of
diet, herbs, and natural products, and their preparation in accordance
with traditional and modern East Asian or Oriental (Chinese, Korean or
Japanese) medical theory within the definition of the profession of
acupuncture.

Section 2 of the bill amends subdivision (1) of section 8213 of the
education law to alter the composition of the state board for
acupuncture to provide for an additional two acupuncturist members and
reduce the number of required physician members by one

Section 3 of the bill amends section 8214 of the education law to
require that any acupuncturist whose practice is to include the newly
authorized recommendation of the custom-made remedies must submit
evidence of successful passage of an approved herbal exam module.

Section 4 of the bill adds a new subdivision (8) to section 8216 of
the education law to make a limited exception to the state's licensing
requirement for acupuncturists to any person who is an acupuncturist
licensed to practice acupuncture in another state or country if he or
she is conducting a teaching clinical demonstration 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.

Section 5 of the bill adds a new section 8217 to the education law
which will require acupuncturists to complete a mandatory continuing
education program consisting of thirty-six hours of documented study
during the course of each triennial licensing period.

Section 6 and 7 of the bill amend paragraph a of subdivision 3 of
section 6507 of the education law and subdivision 1 of section 413 of
the social services law to add acupuncturists to the list of


statutorily required reporters of suspected child abuse and
maltreatment and in connection therewith it requires acupuncturists to
undertake at least two hours of licensure required coursework or
training regarding the identification and reporting of child abuse and
maltreatment. This training imposition is consistent with other
provisions of law relating to now current mandatory reporters who also
practice one of the other medically related professions.

Section 8 is the effective date of the bill.

JUSTIFICATION:

The purpose of the bill is multi-faceted. It attempts to advance the
profession of acupuncture and bring the permissible practices and
protocols associated with the profession up to standards more
appropriate to the needs of current patients. Please note: This law is
not intended to permit the compounding of prescription drugs and
controlled substances, nor to permit any activities contrary to FDA
regulations.

By redefining the practice to include the recommendation of herbs,
natural products, and diet in accordance with traditional and modem
East Asian or Oriental (Chinese, Korean. or Japanese) medical theory,
the public will be more capably served. Given the nuances of such
expansion, it is appropriate to alter the composition of the state
board of acupuncture which oversees the licensing process, to require
an additional certification process for the newly permissible
authorization, and consistent with the same, require all
acupuncturists to engage in a program of continuing education to keep
themselves current with professional standards and public
expectations. Including acupuncturists within the mandatory reporters
in suspected child abuse and maltreatment also is a leap forward that
will benefit the public.

LEGISLATIVE HISTORY:

2009-2010: S.5512
2007-2008: A.10143
2009-2010: S.5512
2011-2012: S.3511

FISCAL IMPLICATIONS:

None to the state.

EFFECTIVE DATE:

October 1, 2014; 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.

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

                                 3306--B

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 31, 2013
                               ___________

Introduced  by Sens. NOZZOLIO, MARTINS, PARKER, SAVINO -- read twice and
  ordered printed, and when printed to be committed to the Committee  on
  Higher  Education  --  committee  discharged,  bill  amended,  ordered
  reprinted as amended and recommitted to said committee --  recommitted
  to the Committee on Higher Education in accordance with Senate Rule 6,
  sec.  8  --  committee  discharged, bill amended, ordered reprinted as
  amended and recommitted to said committee

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
and a new paragraph (c) is added 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01256-06-4

S. 3306--B                          2

PROVISIONS OF SUBDIVISION EIGHT-A OF SECTION EIGHTY-TWO HUNDRED FOURTEEN
OF THIS ARTICLE.
  (C) NOTHING HEREIN SHALL BE CONSTRUED TO PROHIBIT AN INDIVIDUAL WHO IS
NOT SUBJECT TO REGULATION IN THIS STATE AS A LICENSED ACUPUNCTURIST FROM
ENGAGING  IN  THE RECOMMENDATION OF TRADITIONAL REMEDIES AND SUPPLEMENTS
AS DEFINED HEREIN.
  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
FIFTEEN, 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-
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 FIFTEEN, 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 two new subdivisions 8-a
and 9 are 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[.];
  (8-A)  SPECIAL  REQUIREMENT FOR RECOMMENDATION OF CUSTOM-MADE REMEDIES
OR HERBAL  FORMULATIONS:  ON  AND  AFTER  OCTOBER  FIRST,  TWO  THOUSAND
FIFTEEN,  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; AND

S. 3306--B                          3

  (9)  CERTIFICATES  OF  HERBAL  PRACTICE:  1.  NO  ACUPUNCTURIST  SHALL
DISPENSE  OR RECOMMEND CUSTOM-MADE REMEDIES OR CUSTOM-MADE HERBAL FORMU-
LATIONS WITHOUT A CERTIFICATE OF HERBAL PRACTICE ISSUED BY  THE  DEPART-
MENT PURSUANT TO REGULATIONS OF THE COMMISSIONER.
  2.  THE  FEE FOR A CERTIFICATE OF AUTHORITY SHALL BE DETERMINED BY THE
COMMISSIONER AND SHALL BE PAID ON A TRIENNIAL BASIS. A  CERTIFICATE  MAY
BE  SUSPENDED  OR  REVOKED  IN  THE SAME MANNER AS A LICENSE TO PRACTICE
ACUPUNCTURE.
  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:
  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 FIFTEEN, SHALL COMPLETE CONTINUING EDUCATION
HOURS  ON  A  PRORATED  BASIS  AT THE RATE OF ONE HOUR PER MONTH FOR THE

S. 3306--B                          4

PERIOD BEGINNING OCTOBER FIRST, TWO THOUSAND FIFTEEN  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
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 554 of the laws of 2013, is amended  to  read
as follows:

S. 3306--B                          5

  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, dental hygienist, licensed behavior
analyst, or certified behavior analyst assistant shall, in  addition  to
all  the  other  licensure,  certification  or permit requirements, have
completed two hours of coursework or training regarding the  identifica-
tion  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
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] FOR PEOPLE WITH developmental disabilities or the local
adult protective services unit. Each applicant shall provide the depart-
ment  with  documentation  showing  that  he  or  she  has completed the
required training. The department shall provide an  exemption  from  the
child  abuse and maltreatment training requirements to any applicant who
requests such an exemption and who shows, to the department's  satisfac-
tion,  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 554 of the laws of 2013, 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;  licensed  behavior analyst; certified behavior analyst assist-
ant; hospital personnel engaged in the admission, examination,  care  or

S. 3306--B                          6

treatment of persons; a Christian Science practitioner; school official,
which  includes  but  is  not limited to school teacher, school guidance
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; or any
other child care or foster  care  worker;  mental  health  professional;
substance  abuse  counselor;  alcoholism  counselor; all persons creden-
tialed by the office of alcoholism and substance abuse  services;  peace
officer;  police officer; district attorney or assistant district attor-
ney; investigator employed in the office  of  a  district  attorney;  or
other law enforcement official.
  S  8.  This  act shall take effect October 1, 2015; provided, however,
that if chapter 554 of the laws of 2013 is not in effect on such  effec-
tive  date,  then the amendments made to paragraph a of subdivision 3 of
section 6507 of the education law by section six  of  this  act  and  to
paragraph (a) of subdivision 1 of section 413 of the social services law
by  section  seven of this act shall take effect on the same date and in
the same manner as chapter 554 of the laws of 2013,  as  amended,  takes
effect;  provided, however, that effective immediately, the state educa-
tion 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 implementa-
tion of the provisions of this act on such effective date.

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