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Assembly Bill A1564

2023-2024 Legislative Session

Relates to the practice of acupuncture and certain exemptions

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Archive: Last Bill Status - In Assembly Committee

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2023-A1564 (ACTIVE) - Details

Current Committee:
Assembly Higher Education
Law Section:
Education Law
Laws Affected:
Amd §8216, Ed L
Versions Introduced in Other Legislative Sessions:
2021-2022: A7867
2025-2026: A3033

2023-A1564 (ACTIVE) - Summary

Relates to the practice of acupuncture and the exemption that a person who does not otherwise possess the credentials or qualifications required for the practice of acupuncture may engage in the practice of auriculotherapy or "ear acupuncture" subject to certain restrictions.

2023-A1564 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1564
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 17, 2023
                                ___________
 
 Introduced  by  M.  of  A. L. ROSENTHAL -- read once and referred to the
   Committee on Higher Education
 
 AN ACT to amend the education  law,  in  relation  to  the  practice  of
   acupuncture and certain exemptions
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Section 8216 of the education law is amended  by  adding  a
 new subdivision 9 to read as follows:
   (9)  (A)  A  PERSON  WHO DOES NOT OTHERWISE POSSESS THE CREDENTIALS OR
 QUALIFICATIONS REQUIRED FOR THE PRACTICE OF  ACUPUNCTURE  PRESCRIBED  BY
 THIS  ARTICLE  OR THE REGULATIONS PROMULGATED HEREUNDER OR ANY OTHER LAW
 MAY ENGAGE IN THE PRACTICE OF AURICULOTHERAPY, OTHERWISE KNOWN  AS  "EAR
 ACUPUNCTURE", IF SUCH PERSON:
   (I) HAS APPROPRIATE TRAINING IN CLEAN NEEDLE TECHNIQUES;
   (II) EMPLOYS STERILE, SINGLE-USE NEEDLES, WITHOUT REUSE;
   (III)  DOES  NOT  PURPORT  TO DIAGNOSE OR TREAT ANY DISEASE, DISORDER,
 INFIRMITY, OR AFFLICTION;
   (IV) DOES NOT USE ANY LETTERS, WORDS, OR INSIGNIA INDICATING OR IMPLY-
 ING THAT THE PERSON IS AN ACUPUNCTURIST;
   (V) MAKES NO STATEMENT IMPLYING THAT SUCH PERSON'S PRACTICE OF AURICU-
 LOTHERAPY IS LICENSED, CERTIFIED, OR OTHERWISE OVERSEEN BY THE STATE;
   (VI) CONDUCTS THE PRACTICE OF AURICULAR  ACUPUNCTURE  ONLY  UNDER  THE
 GENERAL  SUPERVISION OF A PERSON WHO IS LICENSED TO PRACTICE ACUPUNCTURE
 PURSUANT TO THIS ARTICLE. AS USED IN THIS SUBDIVISION,  "GENERAL  SUPER-
 VISION"  INCLUDES,  BUT  IS  NOT  LIMITED TO, AVAILABILITY OF A LICENSED
 ACUPUNCTURIST BY PHONE OR OTHER ELECTRONIC MEANS DURING BUSINESS  HOURS,
 WITH AT LEAST ONE ON-SITE VISIT BY A LICENSED ACUPUNCTURIST PER YEAR.
   (B)  TREATMENT  BY AN AURICULAR THERAPIST PURSUANT TO THIS SUBDIVISION
 SHALL BE  STRICTLY  LIMITED  TO  THE  INSERTION  OF  DISPOSABLE  STERILE
 ACUPUNCTURE  NEEDLES INTO, AND LIMITED ONLY TO, THE EAR. THE APPLICATION
 OR INSERTION OF NEEDLES ANYWHERE ELSE ON THE BODY OF ANOTHER PERSON BY A
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05571-01-3

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