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

                                  2558

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 20, 2015
                               ___________

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

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

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

  Section  1.  Paragraph  (a)  of  subdivision  1 of section 8211 of the
education law, as added by chapter 772 of the laws of 1990,  is  amended
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.
                                                           LBD02820-03-5

              

A. 2558                             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
SIXTEEN,  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 SIXTEEN, 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
SIXTEEN, 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
  (9)  CERTIFICATES  OF  HERBAL  PRACTICE:  1.  NO  ACUPUNCTURIST  SHALL
DISPENSE OR RECOMMEND CUSTOM-MADE REMEDIES OR CUSTOM-MADE HERBAL  FORMU-

A. 2558                             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. 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 SIXTEEN, SHALL COMPLETE CONTINUING EDUCATION
HOURS ON A PRORATED BASIS AT THE RATE OF ONE  HOUR  PER  MONTH  FOR  THE
PERIOD  BEGINNING  OCTOBER  FIRST,  TWO THOUSAND SIXTEEN 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

A. 2558                             4

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  5.  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:
  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

A. 2558                             5

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 6. Paragraph (a) of subdivision 1  of  section  413  of  the  social
services  law, as amended by chapter 126 of the laws of 2014, 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
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; employee
or  volunteer  in  a  residential  care  facility  for  children that is
licensed, certified or operated by the office  of  children  and  family

A. 2558                             6

services;  or  any other child care or foster care worker; mental health
professional;  substance  abuse  counselor;  alcoholism  counselor;  all
persons  credentialed  by  the  office of alcoholism and substance abuse
services;  peace officer; police officer; district attorney or assistant
district attorney; investigator employed in the  office  of  a  district
attorney; or other law enforcement official.
  S  7.  Paragraph  (a)  of  subdivision  1 of section 413 of the social
services law, as separately amended by chapters 126 and 205 of the  laws
of 2014, 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
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; full or part-time  compen-
sated  school  employee required to hold a temporary coaching license or
professional coaching certificate; social services worker; director of a
children's overnight camp, summer day camp or traveling summer day camp,
as such camps are defined in section thirteen hundred ninety-two of  the
public health law; day care center worker; school-age child care worker;
provider  of family or group family day care; employee or volunteer in a
residential care facility for children that is  licensed,  certified  or
operated  by  the  office  of children and family services; or any other
child care or foster care worker; mental health professional;  substance
abuse  counselor;  alcoholism counselor; all persons credentialed by the
office of alcoholism and substance abuse services; peace officer; police
officer; district attorney or assistant district attorney;  investigator
employed  in the office of a district attorney; or other law enforcement
official.
  S 8. This act shall take effect October 1,  2016;  provided,  however,
that  if chapter 205 of the laws of 2014 is not in effect on such effec-
tive date, then the amendments to paragraph  (a)  of  subdivision  1  of
section 413 of the social services law made by section seven of this act
shall take effect on the same date and in the same manner as chapter 205
of  the  laws of 2014, 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 addi-
tion, amendment and/or repeal of any rule or regulation as may be neces-
sary, to ensure the timely implementation of the provisions of this  act
on such effective date.

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

                                 2558--A

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 20, 2015
                               ___________

Introduced  by  M.  of  A.  GOTTFRIED,  COOK, ENGLEBRIGHT, CLARK, GALEF,
  COLTON, MAGNARELLI, OTIS, QUART -- Multi-Sponsored  by  --  M.  of  A.
  CAHILL,  MAGEE  --  read  once and referred 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 (LOOSE AND PRE-PACKAGED) AND NATURAL PRODUCTS, AND THEIR  PREPARA-
TION  IN  ACCORDANCE WITH TRADITIONAL AND MODERN PRACTICES OF EAST ASIAN
OR ORIENTAL (CHINESE, KOREAN OR JAPANESE) MEDICAL THEORY. ANY ACUPUNCTU-
RIST 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.
                                                           LBD02820-05-5
              

A. 2558--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
SIXTEEN,  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 SIXTEEN, 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
SIXTEEN, 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 COMPETENCY EXAM OF A NATIONAL PROFESSIONAL ORGAN-
IZATION IN THE FIELD OF ACUPUNCTURE RECOGNIZED FOR THIS PURPOSE  BY  THE
COMMISSIONER; AND
  (9)  CERTIFICATES  OF  HERBAL  PRACTICE:  1.  NO  ACUPUNCTURIST  SHALL
DISPENSE OR RECOMMEND CUSTOM-MADE REMEDIES OR CUSTOM-MADE HERBAL  FORMU-

A. 2558--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 HERBAL PRACTICE 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.
  3.  THE CERTIFICATE OF HERBAL PRACTICE UNDER THIS SECTION IS AVAILABLE
ONLY TO PERSONS WHO ARE LICENSED TO PRACTICE ACUPUNCTURE  IN  ACCORDANCE
WITH THIS ARTICLE.
  S 4. 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 SIXTEEN, SHALL COMPLETE CONTINUING EDUCATION
HOURS  ON  A  PRORATED  BASIS  AT THE RATE OF ONE HOUR PER MONTH FOR THE
PERIOD BEGINNING OCTOBER FIRST, TWO THOUSAND SIXTEEN  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-

A. 2558--A                          4

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  5.  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:
  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-

A. 2558--A                          5

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 6. Paragraph (a) of subdivision 1  of  section  413  of  the  social
services  law, as amended by chapter 126 of the laws of 2014, 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
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; employee

A. 2558--A                          6

or  volunteer  in  a  residential  care  facility  for  children that is
licensed, certified or operated by the office  of  children  and  family
services;  or  any other child care or foster care worker; mental health
professional;  substance  abuse  counselor;  alcoholism  counselor;  all
persons credentialed by the office of  alcoholism  and  substance  abuse
services;  peace officer; police officer; district attorney or assistant
district attorney; investigator employed in the  office  of  a  district
attorney; or other law enforcement official.
  S  7.  Paragraph  (a)  of  subdivision  1 of section 413 of the social
services law, as separately amended by chapters 126 and 205 of the  laws
of 2014, 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
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; full or part-time  compen-
sated  school  employee required to hold a temporary coaching license or
professional coaching certificate; social services worker; director of a
children's overnight camp, summer day camp or traveling summer day camp,
as such camps are defined in section thirteen hundred ninety-two of  the
public health law; day care center worker; school-age child care worker;
provider  of family or group family day care; employee or volunteer in a
residential care facility for children that is  licensed,  certified  or
operated  by  the  office  of children and family services; or any other
child care or foster care worker; mental health professional;  substance
abuse  counselor;  alcoholism counselor; all persons credentialed by the
office of alcoholism and substance abuse services; peace officer; police
officer; district attorney or assistant district attorney;  investigator
employed  in the office of a district attorney; or other law enforcement
official.
  S 8. This act shall take effect October 1,  2016;  provided,  however,
that  if chapter 205 of the laws of 2014 is not in effect on such effec-
tive date, then the amendments to paragraph  (a)  of  subdivision  1  of
section 413 of the social services law made by section seven of this act
shall take effect on the same date and in the same manner as chapter 205
of  the  laws of 2014, 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 addi-
tion, amendment and/or repeal of any rule or regulation as may be neces-

A. 2558--A                          7

sary, to ensure the timely implementation of the provisions of this  act
on such effective date.

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

                                 2558--B

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 20, 2015
                               ___________

Introduced  by  M.  of  A.  GOTTFRIED,  COOK, ENGLEBRIGHT, CLARK, GALEF,
  COLTON, MAGNARELLI, OTIS, QUART, BRONSON, THIELE, KIM  --  Multi-Spon-
  sored  by  -- M. of A.  CAHILL, LUPARDO, MAGEE, SIMON -- read once and
  referred to the Committee on Higher Education -- committee discharged,
  bill amended, ordered reprinted as amended  and  recommitted  to  said
  committee  --  again  reported  from  said  committee with amendments,
  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  (LOOSE AND PRE-PACKAGED) AND NATURAL PRODUCTS, AND THEIR PREPARA-
TION IN ACCORDANCE WITH TRADITIONAL AND MODERN PRACTICES OF  EAST  ASIAN
OR ORIENTAL (CHINESE, KOREAN OR JAPANESE) MEDICAL THEORY. ANY ACUPUNCTU-
RIST  WHOSE PRACTICE INCLUDES THE RECOMMENDATION OF CUSTOM-MADE REMEDIES
OR HERBAL FORMULATIONS SHALL BE SUBJECT TO THE  REQUIREMENT  IMPOSED  BY

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02820-07-5
              

A. 2558--B                          2

THE  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
SIXTEEN, 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 SIXTEEN, 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
SIXTEEN,  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 COMPETENCY EXAM OF A NATIONAL PROFESSIONAL  ORGAN-
IZATION  IN  THE FIELD OF ACUPUNCTURE RECOGNIZED FOR THIS PURPOSE BY THE
COMMISSIONER; AND

A. 2558--B                          3

  (9) CERTIFICATES OF HERBAL PRACTICE: (A)  NO  ACUPUNCTURIST  INITIALLY
LICENSED  AFTER  OCTOBER  FIRST, TWO THOUSAND SIXTEEN, SHALL DISPENSE OR
RECOMMEND CUSTOM-MADE REMEDIES OR CUSTOM-MADE HERBAL FORMULATIONS  WITH-
OUT  A  CERTIFICATE OF HERBAL PRACTICE ISSUED BY THE DEPARTMENT PURSUANT
TO REGULATIONS OF THE COMMISSIONER.
  (B)  THE  FEE FOR A CERTIFICATE OF HERBAL PRACTICE SHALL BE DETERMINED
BY THE COMMISSIONER AND SHALL BE PAID ON A TRIENNIAL  BASIS.  A  CERTIF-
ICATE  MAY  BE  SUSPENDED  OR REVOKED IN THE SAME MANNER AS A LICENSE TO
PRACTICE ACUPUNCTURE.
  (C) THE CERTIFICATE OF HERBAL PRACTICE UNDER THIS SECTION IS AVAILABLE
ONLY TO PERSONS WHO ARE LICENSED TO PRACTICE ACUPUNCTURE  IN  ACCORDANCE
WITH THIS ARTICLE.
  S 4. 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 SIXTEEN, SHALL COMPLETE CONTINUING EDUCATION
HOURS  ON  A  PRORATED  BASIS  AT THE RATE OF ONE HOUR PER MONTH FOR THE
PERIOD BEGINNING OCTOBER FIRST, TWO THOUSAND SIXTEEN  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

A. 2558--B                          4

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  5.  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:
  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

A. 2558--B                          5

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  6.  Paragraph  (a)  of  subdivision  1 of section 413 of the social
services law, as amended by chapter 126 of the laws of 2014, 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
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

A. 2558--B                          6

summer day camp, as such camps are defined in section  thirteen  hundred
ninety-two  of the public health law; day care center worker; school-age
child care worker; provider of family or group family day care; employee
or  volunteer  in  a  residential  care  facility  for  children that is
licensed, certified or operated by the office  of  children  and  family
services;  or  any other child care or foster care worker; mental health
professional;  substance  abuse  counselor;  alcoholism  counselor;  all
persons  credentialed  by  the  office of alcoholism and substance abuse
services; peace officer; police officer; district attorney or  assistant
district  attorney;  investigator  employed  in the office of a district
attorney; or other law enforcement official.
  S 7. Paragraph (a) of subdivision 1  of  section  413  of  the  social
services  law, as separately amended by chapters 126 and 205 of the laws
of 2014, 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
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; full or part-time compen-
sated school employee required to hold a temporary coaching  license  or
professional coaching certificate; social services worker; director of a
children's overnight camp, summer day camp or traveling summer day camp,
as  such camps are defined in section thirteen hundred ninety-two of the
public health law; day care center worker; school-age child care worker;
provider of family or group family day care; employee or volunteer in  a
residential  care  facility  for children that is licensed, certified or
operated by the office of children and family  services;  or  any  other
child  care or foster care worker; mental health professional; substance
abuse counselor; alcoholism counselor; all persons credentialed  by  the
office of alcoholism and substance abuse services; peace officer; police
officer;  district attorney or assistant district attorney; investigator
employed in the office of a district attorney; or other law  enforcement
official.
  S  8.  This  act shall take effect October 1, 2016; provided, however,
that if chapter 205 of the laws of 2014 is not in effect on such  effec-
tive  date,  then  the  amendments  to paragraph (a) of subdivision 1 of
section 413 of the social services law made by section seven of this act
shall take effect on the same date and in the same manner as chapter 205
of the laws of 2014, as amended, takes effect; provided,  however,  that

A. 2558--B                          7

effective  immediately,  the state education department is authorized to
take such steps in advance of such effective date, including  the  addi-
tion, amendment and/or repeal of any rule or regulation as may be neces-
sary,  to ensure the timely implementation of the provisions of this act
on such effective date.

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

                                 2558--C

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 20, 2015
                               ___________

Introduced  by  M.  of  A.  GOTTFRIED, COOK, ENGLEBRIGHT, GALEF, COLTON,
  MAGNARELLI, OTIS, QUART, BRONSON, THIELE, KIM -- Multi-Sponsored by --
  M. of A. CAHILL, LUPARDO, MAGEE, SIMON -- read once  and  referred  to
  the  Committee  on  Higher  Education  --  committee  discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee  --  again  reported  from said committee with amendments, ordered
  reprinted as amended and recommitted to said committee --  recommitted
  to  the Committee on Higher Education in accordance with Assembly Rule
  3, sec. 2 -- committee discharged, bill amended, ordered reprinted  as
  amended and recommitted to said committee

AN  ACT  to  amend  the  education  law, in relation to the licensing of
  acupuncturists and the practice of the profession of acupuncture

  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 DIETARY SUPPLEMENTS AND
NATURAL PRODUCTS INCLUDING, BUT NOT LIMITED TO,  THE  RECOMMENDATION  OF
DIET, HERBS AND OTHER NATURAL PRODUCTS, AND THEIR PREPARATION IN ACCORD-
ANCE WITH TRADITIONAL AND MODERN PRACTICES OF EAST ASIAN (CHINESE, KORE-
AN OR JAPANESE) MEDICAL THEORY.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02820-11-6

              

A. 2558--C                          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.  This  act shall take effect October 1, 2017; 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.