S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6666
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                               June 12, 2017
                                ___________
 
 Introduced  by  Sen. AMEDORE -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the workers' compensation law and the education law,  in
   relation to the care and treatment of injured employees by licensed or
   certified acupuncturists

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The workers' compensation law is amended by  adding  a  new
 section 13-q to read as follows:
   §  13-Q. CARE AND TREATMENT OF INJURED EMPLOYEES BY LICENSED OR CERTI-
 FIED ACUPUNCTURISTS. 1. FOR PURPOSES OF THIS SECTION, THE TERM "ACUPUNC-
 TURIST" SHALL MEAN A PERSON WHO IS DULY LICENSED  AND  REGISTERED  AS  A
 LICENSED  ACUPUNCTURIST  PURSUANT  TO  ARTICLE  ONE HUNDRED SIXTY OF THE
 EDUCATION LAW, OR WHO IS A CERTIFIED ACUPUNCTURIST PURSUANT TO  SUBDIVI-
 SION  THREE  OF SECTION EIGHTY-TWO HUNDRED SIXTEEN OF THE EDUCATION LAW;
 AND
   2. (A) AN INJURED EMPLOYEE, INJURED  UNDER  CIRCUMSTANCES  WHICH  MAKE
 SUCH  AN  INJURY COMPENSABLE UNDER THIS ARTICLE, MAY LAWFULLY BE TREATED
 BY AN ACUPUNCTURIST AUTHORIZED BY THE CHAIR TO RENDER  ACUPUNCTURE  CARE
 PURSUANT TO THIS SECTION. SUCH SERVICES SHALL BE WITHIN THE SCOPE OF THE
 PROFESSION  OF  ACUPUNCTURE  AS  DEFINED  IN  SUBDIVISION ONE OF SECTION
 EIGHTY-TWO HUNDRED ELEVEN OF THE EDUCATION LAW.  ACUPUNCTURISTS  AUTHOR-
 IZED  BY  THE CHAIR TO PROVIDE TREATMENT PURSUANT TO THIS SECTION, SHALL
 NOT BE AUTHORIZED TO PERFORM INDEPENDENT MEDICAL EXAMINATIONS.
   (B) MEDICAL BUREAUS, MEDICAL CENTERS JOINTLY  OPERATED  BY  LABOR  AND
 MANAGEMENT  REPRESENTATIVES,  HOSPITALS AND HEALTH MAINTENANCE ORGANIZA-
 TIONS, AUTHORIZED TO  PROVIDE  MEDICAL  CARE,  MAY  PROVIDE  ACUPUNCTURE
 SERVICES  WHEN REQUIRED, PROVIDED SUCH CARE IS RENDERED BY AN ACUPUNCTU-
 RIST AS REQUIRED BY THIS SECTION.
   (C) AN ACUPUNCTURIST RENDERING SERVICE PURSUANT TO THIS SECTION  SHALL
 MAINTAIN  RECORDS  OF THE PATIENT'S CONDITION AND ACUPUNCTURE TREATMENT,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD07825-03-7

 S. 6666                             2
 
 AND SUCH RECORDS OR REPORTS SHALL BE SUBMITTED  TO  THE  CHAIR  ON  SUCH
 FORMS AND AT SUCH TIMES AS THE CHAIR MAY REQUIRE.
   3.  (A) AN ACUPUNCTURIST WHO IS DESIROUS OF BEING AUTHORIZED TO RENDER
 ACUPUNCTURE SERVICES UNDER THIS SECTION SHALL FILE  AN  APPLICATION  FOR
 AUTHORIZATION  UNDER  THIS SECTION WITH THE ACUPUNCTURE PRACTICE COMMIT-
 TEE. THE APPLICANT SHALL AGREE TO REFRAIN FROM SUBSEQUENTLY TREATING FOR
 REMUNERATION, AS A  PRIVATE  PATIENT,  ANY  PERSON  SEEKING  ACUPUNCTURE
 SERVICES,  IN CONNECTION WITH, OR AS A RESULT OF, ANY INJURY COMPENSABLE
 UNDER THIS CHAPTER, IF HE OR SHE HAS  BEEN  REMOVED  FROM  THE  LIST  OF
 ACUPUNCTURISTS  AUTHORIZED  TO RENDER SERVICES UNDER THIS CHAPTER.  THIS
 AGREEMENT SHALL RUN TO THE BENEFIT OF THE INJURED PERSON SO TREATED, AND
 SHALL BE AVAILABLE AS A DEFENSE IN ANY ACTION BY SUCH ACUPUNCTURIST  FOR
 PAYMENT FOR TREATMENT RENDERED BY SUCH ACUPUNCTURIST AFTER BEING REMOVED
 FROM  THE  LIST  OF  ACUPUNCTURISTS  AUTHORIZED  TO  RENDER  ACUPUNCTURE
 SERVICES UNDER THIS SECTION. THE ACUPUNCTURE PRACTICE  COMMITTEE  IF  IT
 DEEMS  SUCH  ACUPUNCTURIST  DULY  QUALIFIED SHALL RECOMMEND TO THE CHAIR
 THAT SUCH PERSON BE AUTHORIZED TO RENDER ACUPUNCTURE SERVICES UNDER THIS
 SECTION.  SUCH RECOMMENDATIONS SHALL BE ONLY ADVISORY TO THE  CHAIR  AND
 SHALL NOT BE BINDING OR CONCLUSIVE.
   (B)  THE  CHAIR  MAY PREPARE AND ESTABLISH A SCHEDULE FOR THE STATE OR
 SCHEDULES LIMITED TO DEFINED LOCALITIES OF CHARGES AND FEES FOR ACUPUNC-
 TURE TREATMENT AND CARE, TO BE DETERMINED  IN  ACCORDANCE  WITH  AND  BE
 SUBJECT  TO  CHANGE  PURSUANT  TO RULES PROMULGATED BY THE CHAIR. BEFORE
 PREPARING SUCH SCHEDULE FOR THE STATE OR SCHEDULES FOR  LIMITED  LOCALI-
 TIES  THE  CHAIR  SHALL  REQUEST  THE  ACUPUNCTURE PRACTICE COMMITTEE TO
 SUBMIT TO SUCH CHAIR A REPORT ON THE AMOUNT OF  REMUNERATION  DEEMED  BY
 SUCH  COMMITTEE  TO  BE  FAIR  AND ADEQUATE FOR THE TYPES OF ACUPUNCTURE
 SERVICES TO BE RENDERED UNDER THIS CHAPTER, BUT CONSIDERATION  SHALL  BE
 GIVEN  TO  THE VIEW OF OTHER INTERESTED PARTIES.  THE AMOUNTS PAYABLE BY
 THE EMPLOYER FOR SUCH TREATMENT AND  SERVICES  SHALL  BE  THE  FEES  AND
 CHARGES ESTABLISHED BY SUCH SCHEDULE.
   (C)  IN DETERMINING THE SCHEDULE OR SCHEDULES AS PROVIDED IN PARAGRAPH
 (B) OF THIS SUBDIVISION, THE CHAIR  SHALL  MAKE  A  DISTINCTION  BETWEEN
 TREATMENT  RENDERED  BY  A  DULY  LICENSED  AND REGISTERED ACUPUNCTURIST
 SUBJECT TO THE PROVISIONS OF ARTICLE ONE HUNDRED SIXTY OF THE  EDUCATION
 LAW  AND  A CERTIFIED ACUPUNCTURIST SUBJECT TO THE PROVISIONS OF SECTION
 EIGHTY-TWO HUNDRED SIXTEEN OF THE EDUCATION LAW,  AND  THE  CHAIR  SHALL
 PREPARE AND ESTABLISH A SCHEDULE OR SCHEDULES REFLECTING FEES AND CHARG-
 ES APPROPRIATE TO THE NATURE AND SCOPE OF THE TREATMENT RENDERED BY EACH
 TYPE  OF  PRACTITIONER, GIVING DUE CONSIDERATION TO ALL RELEVANT FACTORS
 INCLUDING, BUT NOT LIMITED TO, THE LEVEL OF ACUPUNCTURE EDUCATION OF THE
 PRACTITIONER, THE TYPE OF TREATMENT RENDERED,  WHETHER  THE  ACUPUNCTURE
 TREATMENT  IS BEING PROVIDED AS THE PRINCIPAL TREATMENT OR AS AN ADJUNCT
 TREATMENT, AND THE BILLING PRACTICES  ENTAILED,  INCLUDING  WHETHER  THE
 PRACTITIONER  SUBMITS ONE COMPREHENSIVE BILL OR BILLS SEPARATELY FOR THE
 ACUPUNCTURE TREATMENT, OFFICE VISITS AND OTHER ITEMS.
   4. NO CLAIM FOR ACUPUNCTURE SERVICES SHALL BE VALID AND ENFORCEABLE AS
 AGAINST THE  EMPLOYER  OR  EMPLOYEES  UNLESS  WITHIN  FORTY-EIGHT  HOURS
 FOLLOWING  THE  FIRST  TREATMENT  THE  ACUPUNCTURIST GIVING SUCH CARE OR
 TREATMENT FURNISHES TO THE EMPLOYER AND DIRECTLY TO THE CHAIR A PRELIMI-
 NARY NOTICE OF SUCH INJURY AND TREATMENT, AND WITHIN FIFTEEN DAYS THERE-
 AFTER A MORE COMPLETE REPORT AND SUBSEQUENT THERETO PROGRESS REPORTS  AS
 REQUESTED IN WRITING BY THE CHAIR, BOARD, EMPLOYER OR INSURANCE CARRIER,
 AT  INTERVALS  OF  NOT  LESS  THAN THREE WEEKS APART OR AT LESS FREQUENT
 INTERVALS IF REQUESTED ON FORMS PRESCRIBED BY THE CHAIR. THE  BOARD  MAY

 S. 6666                             3
 
 EXCUSE  THE  FAILURE  TO GIVE SUCH NOTICES WITHIN THE DESIGNATED PERIODS
 WHEN IT FINDS IT TO BE IN THE INTEREST OF JUSTICE TO DO SO.
   5.  FEES  FOR  ACUPUNCTURE  SERVICES  SHALL  BE PAYABLE ONLY TO A DULY
 LICENSED OR CERTIFIED ACUPUNCTURIST  PURSUANT  TO  ARTICLE  ONE  HUNDRED
 SIXTY  OF  THE EDUCATION LAW, OR TO THE AGENT, EXECUTOR OR ADMINISTRATOR
 OF THE ESTATE OF SUCH ACUPUNCTURIST.  NO ACUPUNCTURIST RENDERING  TREAT-
 MENT TO A COMPENSATION CLAIMANT SHALL COLLECT OR RECEIVE A FEE FROM SUCH
 CLAIMANT  WITHIN  THIS  STATE,  BUT  SHALL  HAVE RECOURSE FOR PAYMENT OF
 SERVICES RENDERED ONLY TO THE EMPLOYER  UNDER  THE  PROVISIONS  OF  THIS
 SECTION.
   6.  WHENEVER  HIS  OR  HER  ATTENDANCE  AT  A HEARING IS REQUIRED, THE
 ACUPUNCTURIST OF THE INJURED EMPLOYEE SHALL BE ENTITLED TO RECEIVE A FEE
 FROM THE EMPLOYER IN AN AMOUNT TO BE FIXED BY THE BOARD, IN ADDITION  TO
 ANY  FEE  PAYABLE UNDER SECTION EIGHT THOUSAND ONE OF THE CIVIL PRACTICE
 LAW AND RULES.
   7. (A) UNLESS WITHIN THIRTY DAYS AFTER A BILL HAS BEEN RENDERED TO THE
 EMPLOYER BY THE ACUPUNCTURIST WHO HAS TREATED AN INJURED EMPLOYEE,  SUCH
 EMPLOYER SHALL HAVE NOTIFIED THE CHAIR AND SUCH ACUPUNCTURIST IN WRITING
 THAT  SUCH  EMPLOYER DEMANDS AN IMPARTIAL EXAMINATION OF THE FAIRNESS OF
 THE AMOUNT CLAIMED BY SUCH ACUPUNCTURIST FOR HIS OR  HER  SERVICES,  THE
 RIGHT  TO SUCH AN IMPARTIAL EXAMINATION SHALL BE DEEMED TO BE WAIVED AND
 THE AMOUNT CLAIMED BY SUCH ACUPUNCTURIST SHALL BE DEEMED TO BE THE  FAIR
 VALUE  OF THE SERVICES RENDERED.  IF THE PARTIES FAIL TO AGREE AS TO THE
 ACUPUNCTURE CARE RENDERED UNDER THIS CHAPTER TO A CLAIMANT,  SUCH  VALUE
 SHALL  BE DECIDED BY THE ACUPUNCTURE PRACTICE COMMITTEE AND THE MAJORITY
 DECISION OF SUCH COMMITTEE SHALL BE CONCLUSIVE UPON THE  PARTIES  AS  TO
 THE  VALUE OF THE SERVICES RENDERED. THE BOARD MAY MAKE AN AWARD FOR ANY
 SUCH BILL OR PART THEREOF WHICH REMAINS UNPAID IN THE SAME MANNER AS  AN
 AWARD  FOR  BILLS  RENDERED  UNDER SUBDIVISIONS ONE AND THREE OF SECTION
 THIRTEEN-G OF THIS ARTICLE, AND SUCH AWARD  MAY  BE  COLLECTED  IN  LIKE
 MANNER  AS  AN  AWARD OF COMPENSATION. THE CHAIR SHALL ASSESS THE SUM OF
 FIFTY DOLLARS AGAINST THE EMPLOYER FOR  EACH  SUCH  AWARD  MADE  BY  THE
 BOARD, WHICH SUM SHALL BE PAID INTO THE STATE TREASURY.
   (B)  WHERE  AN  ACUPUNCTURIST'S BILL HAS BEEN DETERMINED TO BE DUE AND
 OWING IN ACCORDANCE WITH THE PROVISIONS OF THIS SECTION, THE  BOARD  MAY
 IMPOSE  A PENALTY OF NOT MORE THAN ONE AND ONE-HALF PERCENT INTEREST PER
 MONTH PAYABLE TO THE ACUPUNCTURIST IN  ACCORDANCE  WITH  THE  RULES  AND
 REGULATIONS PROMULGATED BY THE BOARD.
   (C)  THE  PARTIES TO SUCH PROCEEDING SHALL EACH PAY TO THE CHAIR A SUM
 EQUAL TO FIVE PER CENTUM OF THE AMOUNT PAYABLE  UNDER  THE  DECISION  OF
 SUCH  COMMITTEE  OR A MINIMUM OF FIVE DOLLARS, WHICHEVER IS GREATER. THE
 SUMS SO COLLECTED SHALL BE TRANSFERRED TO THE STATE  TREASURY  TO  REIM-
 BURSE IT ON ACCOUNT OF THE EXPENSE OF ADMINISTERING THIS SECTION.
   8.  WITHIN  THE LIMITS PRESCRIBED BY THE EDUCATION LAW FOR ACUPUNCTURE
 SERVICES,  THE  REPORT  OR  TESTIMONY  OF  AN  AUTHORIZED  ACUPUNCTURIST
 CONCERNING  THE  CONDITION  OF AN INJURED EMPLOYEE AND TREATMENT THEREOF
 SHALL BE DEEMED COMPETENT EVIDENCE AND THE PROFESSIONAL OPINION  OF  THE
 ACUPUNCTURIST  AS  TO CAUSAL RELATION AND AS TO REQUIRED TREATMENT SHALL
 BE DEEMED COMPETENT BUT  SHALL  NOT  BE  CONTROLLING.  NOTHING  IN  THIS
 SECTION  SHALL BE DEEMED TO DEPRIVE ANY EMPLOYER OR INSURANCE CARRIER OF
 ANY RIGHT TO A MEDICAL EXAMINATION OR PRESENTATION OF MEDICAL  TESTIMONY
 NOW CONFERRED BY LAW.
   9.  THE  CHAIR  SHALL  PROMULGATE  RULES GOVERNING THE PROCEDURE TO BE
 FOLLOWED BY THOSE RENDERING ACUPUNCTURE  SERVICES  UNDER  THIS  SECTION,
 WHICH  RULES  SO FAR AS PRACTICABLE SHALL CONFORM TO THE RULES PRESENTLY
 IN EFFECT WITH REFERENCE TO MEDICAL CARE FURNISHED TO CLAIMANTS IN WORK-

 S. 6666                             4
 
 ERS' COMPENSATION. IN CONNECTION WITH THE PROMULGATION OF SUCH RULES THE
 CHAIR MAY CONSULT THE ACUPUNCTURE PRACTICE COMMITTEE AND MAY  TAKE  INTO
 CONSIDERATION THE VIEW OF OTHER INTERESTED PARTIES.
   10.  THE  CHAIR  SHALL APPOINT FOR AND WITH JURISDICTION IN THE ENTIRE
 STATE OF NEW YORK A SINGLE ACUPUNCTURE PRACTICE  COMMITTEE  COMPOSED  OF
 TWO  LICENSED  ACUPUNCTURISTS,  AND  ONE  DULY LICENSED PHYSICIAN OF THE
 STATE OF NEW YORK. EACH MEMBER OF SUCH COMMITTEE SHALL  RECEIVE  COMPEN-
 SATION  EITHER  ON AN ANNUAL BASIS OR ON A PER DIEM BASIS TO BE FIXED BY
 THE CHAIR WITHIN AMOUNTS APPROPRIATED THEREFOR.  ONE  OF  SUCH  LICENSED
 ACUPUNCTURISTS  SHALL  BE  DESIGNATED  BY  THE  CHAIR AS A CHAIR OF SUCH
 ACUPUNCTURE PRACTICE COMMITTEE. NO MEMBER OF SUCH COMMITTEE SHALL RENDER
 ACUPUNCTURE SERVICES UNDER THIS SECTION NOR BE AN EMPLOYER OR ACCEPT  OR
 PARTICIPATE  IN  ANY  FEE FROM ANY INSURANCE COMPANY AUTHORIZED TO WRITE
 WORKERS' COMPENSATION INSURANCE IN THIS STATE OR FROM ANY  SELF-INSURER,
 WHETHER  SUCH EMPLOYMENT OR FEE RELATES TO A WORKERS' COMPENSATION CLAIM
 OR OTHERWISE. THE ATTORNEY  GENERAL,  UPON  REQUEST,  SHALL  ADVISE  AND
 ASSIST SUCH COMMITTEE.
   11.  THE  ACUPUNCTURE  PRACTICE  COMMITTEE SHALL INVESTIGATE, HEAR AND
 MAKE FINDINGS WITH RESPECT TO ALL CHARGES AS TO  PROFESSIONAL  OR  OTHER
 MISCONDUCT  OF ANY AUTHORIZED ACUPUNCTURISTS AS PROVIDED IN THIS SECTION
 UNDER RULES AND PROCEDURES TO BE  PRESCRIBED  BY  THE  CHAIR  AND  SHALL
 REPORT  EVIDENCE OF SUCH MISCONDUCT, WITH THEIR FINDINGS AND RECOMMENDA-
 TIONS WITH RESPECT THERETO, TO THE CHAIR.   THE FINDINGS,  DECISION  AND
 RECOMMENDATION  OF SUCH ACUPUNCTURE PRACTICE COMMITTEE SHALL BE ADVISORY
 TO THE CHAIR ONLY, AND SHALL NOT BE BINDING OR CONCLUSIVE  UPON  HIM  OR
 HER.  THE  CHAIR SHALL REMOVE FROM THE LIST OF ACUPUNCTURISTS AUTHORIZED
 TO RENDER ACUPUNCTURE SERVICES  UNDER  THIS  CHAPTER  THE  NAME  OF  ANY
 ACUPUNCTURIST WHO HE OR SHE SHALL FIND AFTER REASONABLE INVESTIGATION IS
 DISQUALIFIED BECAUSE SUCH ACUPUNCTURIST:
   (A) HAS BEEN GUILTY OF PROFESSIONAL OR OTHER MISCONDUCT OR INCOMPETEN-
 CY IN CONNECTION WITH THE RENDERING OF ACUPUNCTURE SERVICES,
   (B)  HAS  EXCEEDED THE LIMITS OF HIS OR HER PROFESSIONAL COMPETENCE IN
 RENDERING ACUPUNCTURE SERVICES UNDER THE LAW, OR HAS MADE  FALSE  STATE-
 MENTS REGARDING QUALIFICATIONS IN THE APPLICATION FOR AUTHORIZATION,
   (C)  HAS FAILED TO SUBMIT TIMELY, FULL AND TRUTHFUL ACUPUNCTURE EVALU-
 ATION AND TREATMENT REPORTS OF ALL FINDINGS TO THE EMPLOYER AND DIRECTLY
 TO THE CHAIR OF THE BOARD  WITHIN  THE  TIME  LIMITS  PROVIDED  IN  THIS
 SECTION,
   (D)  HAS  RENDERED  ACUPUNCTURE  SERVICES UNDER THIS CHAPTER FOR A FEE
 LESS THAN THAT FIXED IN THE FEE SCHEDULE,
   (E) HAS SOLICITED OR HAS EMPLOYED ANOTHER TO SOLICIT  FOR  HIMSELF  OR
 HERSELF OR FOR ANOTHER PROFESSIONAL TREATMENT, EXAMINATION OR CARE OF AN
 INJURED EMPLOYEE WITH ANY CLAIM UNDER THIS CHAPTER,
   (F)  HAS REFUSED TO APPEAR BEFORE OR ANSWER UPON REQUEST OF THE CHAIR,
 BOARD, ACUPUNCTURE PRACTICE COMMITTEE OR ANY DULY AUTHORIZED OFFICER  OF
 THE  STATE,  ANY  LEGAL  QUESTION  OR PRODUCE ANY RELEVANT BOOK OR PAPER
 CONCERNING CONDUCT UNDER AN AUTHORIZATION GRANTED UNDER LAW, OR
   (G) HAS DIRECTLY OR INDIRECTLY REQUESTED, RECEIVED OR PARTICIPATED  IN
 THE DIVISION, TRANSFERENCE, ASSIGNMENT, REBATING, SPLITTING OR REFUNDING
 OF A FEE FOR, OR HAS DIRECTLY OR INDIRECTLY REQUESTED, RECEIVED OR PROF-
 ITED  BY  MEANS  OF  A  CREDIT  OR OTHERWISE VALUABLE CONSIDERATION AS A
 COMMISSION, DISCOUNT OR GRATUITY IN CONNECTION WITH THE TREATMENT  OF  A
 WORKERS' COMPENSATION CLAIMANT.
   12. ANY PERSON WHO VIOLATES OR ATTEMPTS TO VIOLATE, AND ANY PERSON WHO
 AIDS  ANOTHER TO VIOLATE OR ATTEMPTS TO INDUCE HIM OR HER TO VIOLATE THE

 S. 6666                             5
 
 PROVISIONS OF PARAGRAPH (G) OF SUBDIVISION ELEVEN OF THIS SECTION  SHALL
 BE GUILTY OF A MISDEMEANOR.
   13.  NOTHING  IN  THIS  SECTION  SHALL BE CONSTRUED AS LIMITING IN ANY
 RESPECT THE POWER OR DUTY OF  THE  CHAIR  TO  INVESTIGATE  INSTANCES  OF
 MISCONDUCT,  EITHER  BEFORE  OR  AFTER  INVESTIGATION BY THE ACUPUNCTURE
 PRACTICE COMMITTEE, OR TO TEMPORARILY SUSPEND THE AUTHORIZATION  OF  ANY
 ACUPUNCTURIST  BELIEVED  TO BE GUILTY OF SUCH MISCONDUCT. THE PROVISIONS
 OF SUBDIVISION ONE OF SECTION THIRTEEN-D OF THIS ARTICLE WHICH  ARE  NOT
 INCONSISTENT  WITH THE PROVISIONS OF THIS SECTION SHALL BE APPLICABLE AS
 IF FULLY SET FORTH IN THIS SECTION.
   14. NOTHING CONTAINED IN THIS SECTION  SHALL  PROHIBIT  ACUPUNCTURISTS
 WHO  PRACTICE  AS  PARTNERS,  IN GROUPS OR AS A PROFESSIONAL CORPORATION
 FROM POOLING FEES  AND  MONEYS  RECEIVED,  EITHER  BY  THE  PARTNERSHIP,
 PROFESSIONAL  CORPORATION OR GROUP OR BY THE INDIVIDUAL MEMBERS THEREOF,
 FOR PROFESSIONAL  SERVICES  FURNISHED  BY  ANY  INDIVIDUAL  PROFESSIONAL
 MEMBER, OR EMPLOYEE OF SUCH PARTNERSHIP, CORPORATION OR GROUP, NOR SHALL
 THE PROFESSIONALS CONSTITUTING THE PARTNERSHIPS, CORPORATIONS, OR GROUPS
 BE PROHIBITED FROM SHARING, DIVIDING OR APPORTIONING THE FEES AND MONEYS
 RECEIVED  BY THEM OR BY THE PARTNERSHIP, CORPORATION OR GROUP IN ACCORD-
 ANCE WITH A PARTNERSHIP OR OTHER AGREEMENT.
   § 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)  There  is  hereby established within the department a state board
 for acupuncture. The board shall consist of not less than eleven members
 to be appointed by the board of regents on  the  recommendation  of  the
 commissioner  for  the purpose of assisting the board of regents and the
 department on matters of professional licensing and professional conduct
 in accordance with section sixty-five hundred eight  of  this  [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] CHAIR-
 PERSON to serve for a one year term.
   §  3.  The second undesignated paragraph of subdivision 2 of section 2
 of the workers' compensation law, as amended by chapter 113 of the  laws
 of 1946, is amended to read as follows:
   "Chairman"  OR  "CHAIR" means the [chairman] CHAIRPERSON of the [work-
 men's] WORKERS' compensation board of the state of New York;
   § 4. This act shall take effect immediately.