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

                                  5329

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            February 22, 2013
                               ___________

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

AN ACT to amend the education law, in  relation  to  the  licensing  and
  regulation of the profession of reflexology

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

  Section 1. The education law is amended by adding a new article  155-A
to read as follows:
                              ARTICLE 155-A
                               REFLEXOLOGY
SECTION 7850. INTRODUCTION.
        7851. DEFINITIONS.
        7852. PRACTICE OF REFLEXOLOGY AND USE OF TITLE "REFLEXOLOGIST".
        7853. STATE BOARD FOR REFLEXOLOGY.
        7854. REQUIREMENTS FOR A PROFESSIONAL LICENSE.
        7855. EXEMPT PERSONS.
        7856. LIMITED PERMITS.
        7857. SPECIAL PROVISIONS.
  S  7850.  INTRODUCTION.  THIS  ARTICLE  APPLIES  TO  THE PROFESSION OF
REFLEXOLOGY. THE GENERAL PROVISIONS FOR  ALL  PROFESSIONS  CONTAINED  IN
ARTICLE ONE HUNDRED THIRTY OF THIS TITLE APPLY TO THIS ARTICLE.
  S 7851. DEFINITIONS. AS USED IN THIS ARTICLE THE FOLLOWING TERMS SHALL
HAVE THE FOLLOWING MEANINGS:
  1.  "BOARD"  MEANS  THE STATE BOARD FOR REFLEXOLOGY CREATED BY SECTION
SEVENTY-EIGHT HUNDRED FIFTY-THREE OF THIS ARTICLE.
  2. "PRACTITIONER" MEANS A PERSON WHO PRACTICES REFLEXOLOGY FOR COMPEN-
SATION AND WHO HOLDS CURRENT CERTIFICATION FROM AN  ENTITY  APPROVED  BY
THE COMMISSIONER.
  3. "REFLEXOLOGY" MEANS THE SYSTEMATIC APPLICATION OF ALTERNATING PRES-
SURE  BY THE USE OF A PRACTITIONER'S HANDS, THUMBS AND FINGERS TO REFLEX
POINTS ON AN INDIVIDUAL'S HANDS, FEET, FACE OR EARS,  USING  ALTERNATING

              

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04144-02-3

A. 5329                             2

PRESSURE  AND SUCH TECHNIQUES AS THUMB AND FINGER WALKING, HOOK AND BACK
UP, AND ROTATION ON A REFLEX FOR THE PURPOSE OF HEALTH PROMOTION.
  S 7852. PRACTICE OF REFLEXOLOGY AND USE OF TITLE "REFLEXOLOGIST". ONLY
A  PERSON LICENSED OR AUTHORIZED PURSUANT TO THIS ARTICLE SHALL PRACTICE
REFLEXOLOGY AND ONLY A PERSON SO LICENSED SHALL USE THE TITLE "REFLEXOL-
OGIST". NO PERSON,  FIRM,  PARTNERSHIP,  LIMITED  LIABILITY  COMPANY  OR
CORPORATION  SHALL  DESCRIBE  ITS SERVICES IN ANY MANNER UNDER THE TITLE
"REFLEXOLOGY" UNLESS SUCH SERVICES ARE PERFORMED BY A PERSON LICENSED OR
AUTHORIZED PURSUANT TO THIS ARTICLE.
  S 7853. STATE BOARD FOR REFLEXOLOGY. 1. A STATE BOARD FOR  REFLEXOLOGY
SHALL BE ESTABLISHED AND APPOINTED BY THE BOARD OF REGENTS ON THE RECOM-
MENDATION  OF THE COMMISSIONER FOR THE PURPOSE OF ASSISTING THE BOARD OF
REGENTS AND THE DEPARTMENT ON  MATTERS  OF  PROFESSIONAL  LICENSING  AND
PROFESSIONAL CONDUCT IN ACCORDANCE WITH SECTION SIXTY-FIVE HUNDRED EIGHT
OF  THIS  TITLE.  THE  BOARD  SHALL  BE  COMPOSED OF NOT LESS THAN SEVEN
PERSONS, FOUR OF WHOM SHALL HAVE BEEN ENGAGED IN THE TEACHING,  RESEARCH
OR  PRACTICE  OF REFLEXOLOGY FOR AT LEAST THREE YEARS, TWO OF WHOM SHALL
BE PHYSICIANS OR NURSES LICENSED IN THIS STATE AND ONE WHO  SHALL  BE  A
PUBLIC  MEMBER  REPRESENTING  CONSUMERS  AND THE COMMUNITY. AN EXECUTIVE
SECRETARY TO THE BOARD SHALL BE APPOINTED BY THE  BOARD  OF  REGENTS  ON
RECOMMENDATION OF THE COMMISSIONER.
  2. THE BOARD OF REGENTS AND THE COMMISSIONER, IN CONSULTATION WITH THE
BOARD,  SHALL  PROMULGATE SUCH RULES AND REGULATIONS AS THEY DEEM NECES-
SARY AND APPROPRIATE TO EFFECTUATE THE PROVISIONS OF THIS ARTICLE.
  S 7854. REQUIREMENTS FOR A PROFESSIONAL LICENSE. 1. TO QUALIFY  FOR  A
LICENSE  AS  A  REFLEXOLOGIST,  AN APPLICANT SHALL FULFILL THE FOLLOWING
REQUIREMENTS:
  (A) APPLICATION: FILE AN APPLICATION WITH THE DEPARTMENT;
  (B) CERTIFICATE: HOLD A CURRENT CERTIFICATE FROM THE AMERICAN  REFLEX-
OLOGY  CERTIFICATION  BOARD  (ARCB)  OR  ANY  OTHER INDEPENDENT NATIONAL
CERTIFICATION PROGRAM APPROVED BY THE BOARD;
  (C) EDUCATION: HAVE RECEIVED AN EDUCATION, INCLUDING HIGH SCHOOL GRAD-
UATION AND GRADUATION FROM A SCHOOL OR INSTITUTE OF REFLEXOLOGY  WITH  A
PROGRAM  REGISTERED  BY THE DEPARTMENT, OR ITS SUBSTANTIAL EQUIVALENT IN
BOTH SUBJECT MATTER AND EXTENT OF TRAINING, PROVIDED THAT THE PROGRAM IN
SUCH A SCHOOL OR INSTITUTE SHALL CONSIST OF TRAINING FOR A TOTAL OF  NOT
LESS THAN TWO HUNDRED HOURS IN SUBJECTS SATISFACTORY TO THE DEPARTMENT;
  (D)  EXAMINATION: PASS AN EXAMINATION SATISFACTORY TO THE BOARD AND IN
ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS;
  (E) AGE: BE AT LEAST EIGHTEEN YEARS OF AGE;
  (F) CITIZENSHIP OR IMMIGRATION STATUS: BE A UNITED STATES  CITIZEN  OR
AN ALIEN LAWFULLY ADMITTED FOR PERMANENT RESIDENCE IN THE UNITED STATES;
  (G) CHARACTER: BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE DEPART-
MENT;
  (H) CRIMINAL BACKGROUND: SUBMIT A STATEMENT CERTIFYING THAT THE APPLI-
CANT  HAS NOT BEEN CONVICTED IN THIS STATE OR IN ANY OTHER STATE FOR ANY
CRIME INVOLVING VIOLENCE INFLICTED ON A PERSON OR THREATENED  AGAINST  A
PERSON, OR ANY SEXUALLY-RELATED CRIME; AND
  (I) FEES: PAY FEES REQUIRED IN RULES ADOPTED BY THE DEPARTMENT AND THE
BOARD OF REGENTS.
  2. LICENSES SHALL BE VALID FOR FOUR YEARS.
  S  7855.  EXEMPT  PERSONS.  NOTHING CONTAINED IN THIS ARTICLE SHALL BE
CONSTRUED TO PROHIBIT:
  1. THE PRACTICE OF REFLEXOLOGY BY ANY  PERSON  WHO  IS  AUTHORIZED  TO
PRACTICE  MEDICINE,  NURSING,  OSTEOPATHY,  CHIROPRACTIC, PHYSIOTHERAPY,

A. 5329                             3

PODIATRY OR MASSAGE THERAPY IN ACCORDANCE WITH THE  PROVISIONS  OF  THIS
TITLE.
  2.  THE PRACTICE OF THAT FORM OF MASSAGE WHICH IS CUSTOMARILY GIVEN IN
BARBER SHOPS OR BEAUTY PARLORS FOR THE PURPOSE OF BEAUTIFICATION BY  ANY
LICENSED BARBER OR COSMETOLOGIST.
  3.  THE  PRACTICE  OF  REFLEXOLOGY BY ANY PERSON EMPLOYED IN A MEDICAL
INSTITUTION LICENSED OR CHARTERED BY THE STATE  OF  NEW  YORK,  PROVIDED
THAT SUCH PERSON IS UNDER THE ON-SITE SUPERVISION OF THE PERSON LICENSED
TO  PRACTICE  REFLEXOLOGY OR AUTHORIZED TO PRACTICE REFLEXOLOGY PURSUANT
TO SUBDIVISION ONE OF THIS SECTION OR BY  ANY  PERSON  ENROLLED  IN  THE
PROGRAM  OF  A  SCHOOL  OR  INSTITUTE  OF  REFLEXOLOGY REGISTERED BY THE
DEPARTMENT OR ENROLLED IN A PROGRAM WHICH SATISFIES THE REQUIREMENTS  OF
SECTION  SEVENTY-EIGHT HUNDRED FIFTY-FOUR OF THIS ARTICLE, PROVIDED THAT
SUCH PERSON IS UNDER THE ON-SITE SUPERVISION OF  A  PERSON  LICENSED  TO
PRACTICE  REFLEXOLOGY  OR AUTHORIZED TO PRACTICE REFLEXOLOGY PURSUANT TO
SUBDIVISION ONE OF THIS SECTION.
  S 7856. LIMITED PERMITS. 1. THE DEPARTMENT MAY ISSUE A LIMITED  PERMIT
TO  PRACTICE REFLEXOLOGY AS A LICENSED REFLEXOLOGIST TO A PERSON WHO HAS
NOT PREVIOUSLY HELD SUCH A PERMIT AND WHO FULFILLS ALL EXCEPT THE  EXAM-
INATION  AND  CITIZENSHIP  REQUIREMENTS  FOR A LICENSE, PROVIDED HOWEVER
THAT A PERMIT SHALL NOT BE ISSUED TO A PERSON WHO HAS FAILED  THE  STATE
LICENSING EXAMINATION.
  2.  THE  LIMITED  PERMIT  SHALL BE VALID FOR A PERIOD OF NOT MORE THAN
TWELVE MONTHS OR UNTIL THE RESULTS OF THE NEXT LICENSING EXAMINATION FOR
WHICH THE PERSON IS ELIGIBLE ARE OFFICIALLY AVAILABLE,  WHICHEVER  COMES
FIRST.
  3.  A  LIMITED PERMIT SHALL ENTITLE THE HOLDER TO PRACTICE REFLEXOLOGY
ONLY UNDER THE PERSONAL SUPERVISION OF A PERSON  CURRENTLY  LICENSED  TO
PRACTICE REFLEXOLOGY IN THIS STATE.
  4.  THE  FEE  FOR  A  LIMITED PERMIT SHALL BE REQUIRED AND SHALL BE AS
ADOPTED IN THE RULES OF THE DEPARTMENT AND THE BOARD OF REGENTS.
  S 7857. SPECIAL PROVISIONS. 1.  NOTWITHSTANDING  THE  REQUIREMENTS  OF
SECTIONS  SEVENTY-EIGHT  HUNDRED  FIFTY-FOUR  AND  SEVENTY-EIGHT HUNDRED
FIFTY-SIX OF THIS ARTICLE, AN INDIVIDUAL CURRENTLY ENGAGING IN THE PRAC-
TICE OF REFLEXOLOGY MAY CONTINUE TO PRACTICE AFTER THE EFFECTIVE DATE OF
THIS ARTICLE, WHEN AN INDIVIDUAL FULFILLS ALL EXCEPT  THE  CERTIFICATION
AND APPLICATION REQUIREMENTS OF SECTION SEVENTY-EIGHT HUNDRED FIFTY-FOUR
OF  THIS  ARTICLE.  SUCH INDIVIDUAL SHALL HAVE EIGHTEEN MONTHS TO ATTAIN
SUCH CERTIFICATION FROM THE AMERICAN REFLEXOLOGY CERTIFICATION BOARD AND
APPLY FOR A LICENSE TO PRACTICE REFLEXOLOGY.
  2. FOR THE PURPOSES OF SUBDIVISION ONE OF THIS SECTION,  IT  SHALL  BE
DETERMINED  THAT  THE FILING OF AN APPLICATION WITH THE DEPARTMENT ON OR
BEFORE THE EXPIRATION OF THE EIGHTEEN MONTH  PERIOD  SHALL  QUALIFY  FOR
PURPOSES OF SUCH SUBDIVISION, REGARDLESS OF THE TIME PERIOD REQUIRED FOR
PROCESSING SUCH APPLICATION.
  3. ANY CERTIFICATION FROM THE AMERICAN REFLEXOLOGY CERTIFICATION BOARD
WHICH  HAS BEEN ISSUED PRIOR TO THE EFFECTIVE DATE OF THIS ARTICLE SHALL
BE DEEMED VOID AND INVALID IF THE HOLDER HAS  NOT  MET  THE  EDUCATIONAL
REQUIREMENTS  OF  SECTION SEVENTY-EIGHT HUNDRED FIFTY-FOUR OF THIS ARTI-
CLE.
  S 2. The department of education shall transmit  to  the  state  comp-
troller for deposit in the special revenues account of the department of
education  all  fees  submitted  to such department pursuant to sections
7854 and 7855 of the education law as added by section one of this act.
  S 3. This act shall take effect on the sixtieth  day  after  it  shall
have become a law.