Assembly Bill A10187

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10187
 
                           I N  A S S E M B L Y
 
                             February 12, 2026
                                ___________
 
 Introduced by M. of A. KIM -- read once and referred to the Committee on
   Higher Education
 
 AN  ACT  to amend the education law, in relation to mandatory continuing
   education requirements for acupuncturists
 
   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 section 8217
 to read as follows:
   § 8217. MANDATORY CONTINUING EDUCATION  FOR  ACUPUNCTURISTS.  (1)  (A)
 EACH ACUPUNCTURIST LICENSED PURSUANT TO THIS TITLE, REQUIRED TO REGISTER
 TRIENNIALLY  WITH THE DEPARTMENT TO PRACTICE IN THIS STATE, SHALL COMPLY
 WITH THE PROVISIONS OF THE MANDATORY CONTINUING  EDUCATION  REQUIREMENTS
 OF  THIS  SECTION, EXCEPT AS SET FORTH IN PARAGRAPHS (B) AND (C) OF THIS
 SUBDIVISION. A LICENSEE WHO DOES NOT SATISFY SUCH REQUIREMENTS SHALL NOT
 PRACTICE UNTIL THE LICENSEE HAS  MET  SUCH  REQUIREMENTS  AND  HAS  BEEN
 ISSUED A REGISTRATION OR CONDITIONAL REGISTRATION CERTIFICATE.
   (B)  LICENSEES SHALL BE EXEMPT FROM THE MANDATORY CONTINUING EDUCATION
 REQUIREMENT FOR THE TRIENNIAL REGISTRATION PERIOD DURING WHICH THEY  ARE
 FIRST  LICENSED.  IN ACCORDANCE WITH THE INTENT OF THIS SECTION, ADJUST-
 MENTS TO THE MANDATORY CONTINUING EDUCATION REQUIREMENT MAY  BE  GRANTED
 BY  THE  DEPARTMENT  FOR  REASONS OF HEALTH, CERTIFIED BY AN APPROPRIATE
 HEALTH CARE PROFESSIONAL, FOR EXTENDED ACTIVE DUTY WITH THE ARMED FORCES
 OF THE UNITED STATES, OR FOR OTHER GOOD CAUSE ACCEPTABLE TO THE  DEPART-
 MENT WHICH MAY PREVENT COMPLIANCE.
   (C) A LICENSED ACUPUNCTURIST WHO IS NOT ENGAGED IN THE PUBLIC PRACTICE
 OF  ACUPUNCTURE, AS AN INDIVIDUAL PRACTITIONER, A PARTNER OR SHAREHOLDER
 OF A PROFESSIONAL ENTITY, AN EMPLOYEE OF  SUCH  PRACTICE  UNITS,  OR  AS
 OTHERWISE  DETERMINED BY THE DEPARTMENT, SHALL BE EXEMPT FROM THE MANDA-
 TORY CONTINUING EDUCATION REQUIREMENT UPON THE  FILING  OF  A  STATEMENT
 WITH  THE  DEPARTMENT DECLARING SUCH STATUS. ANY LICENSEE WHO RETURNS TO
 THE PUBLIC PRACTICE OF ACUPUNCTURE  DURING  THE  TRIENNIAL  REGISTRATION
 PERIOD  SHALL  NOTIFY  THE DEPARTMENT PRIOR TO REENTERING THE PROFESSION
 AND SHALL MEET SUCH MANDATORY CONTINUING EDUCATION REQUIREMENTS AS SHALL
 BE PRESCRIBED BY REGULATION OF THE COMMISSIONER.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD14719-01-6
 A. 10187                            2

   (D) NOTHING IN THIS SECTION SHALL BE CONSTRUED AS ENABLING OR  AUTHOR-
 IZING  THE  DEPARTMENT  OR THE STATE BOARD FOR ACUPUNCTURE TO REQUIRE OR
 IMPLEMENT CONTINUING COMPETENCY TESTING OR CONTINUED COMPETENCY  CERTIF-
 ICATION FOR ACUPUNCTURISTS.
   (2)  DURING EACH TRIENNIAL REGISTRATION PERIOD AN APPLICANT FOR REGIS-
 TRATION SHALL COMPLETE FORTY-FIVE HOURS OF ACCEPTABLE FORMAL  CONTINUING
 EDUCATION,  NOT  LESS  THAN FIFTEEN HOURS IN EACH YEAR OF SUCH PERIOD. A
 LICENSEE WHOSE FIRST REGISTRATION DATE FOLLOWING THE EFFECTIVE  DATE  OF
 THIS SECTION OCCURS LESS THAN THREE YEARS FROM SUCH EFFECTIVE DATE SHALL
 COMPLETE  CONTINUING  EDUCATION HOURS ON A PRORATED BASIS AT THE RATE OF
 ONE AND ONE-QUARTER HOURS PER MONTH FOR THE PERIOD BEGINNING  WITH  SUCH
 EFFECTIVE DATE UP TO THE FIRST REGISTRATION DATE THEREAFTER.  CONTINUING
 EDUCATION  HOURS  TAKEN  DURING ONE TRIENNIUM MAY NOT BE CARRIED OVER OR
 OTHERWISE CREDITED OR TRANSFERRED TO A SUBSEQUENT TRIENNIUM.
   (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 TO TAKE 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  COMPLETION  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) FOR PURPOSES OF THIS SECTION,  "ACCEPTABLE  FORMAL  CONTINUING
 EDUCATION"  SHALL  MEAN  FORMAL  PROGRAMS OF LEARNING THAT CONTRIBUTE TO
 PROFESSIONAL PRACTICE IN ACUPUNCTURE AND THAT ARE APPROVED FOR  CONTINU-
 ING EDUCATION CREDIT BY THE NATIONAL CERTIFICATION BOARD FOR ACUPUNCTURE
 AND  HERBAL MEDICINE  (NCBAHM) OR ANY SUCCESSOR ENTITY RECOGNIZED BY THE
 DEPARTMENT.
   (B) FOR ANY COURSE OR PROGRAM APPROVED BY NCBAHM, THE DEPARTMENT SHALL
 ACCEPT THE NUMBER OF CONTINUING EDUCATION HOURS OR CREDITS  ASSIGNED  BY
 NCBAHM FOR THAT COURSE OR PROGRAM.
   (C)  THE  COMMISSIONER,  IN  CONSULTATION  WITH  THE  STATE  BOARD FOR
 ACUPUNCTURE, MAY BY REGULATION  IDENTIFY  SUBJECT  AREAS  THAT,  IN  THE
 INTEREST OF PUBLIC HEALTH AND WELFARE, MUST BE INCLUDED WITHIN THE HOURS
 REQUIRED BY SUBDIVISION TWO OF THIS SECTION.
   (5)  LICENSEES  SHALL  ATTEST AT EACH TRIENNIAL REGISTRATION TO HAVING
 SATISFIED  THE  MANDATORY  CONTINUING  EDUCATION  REQUIREMENTS  OF  THIS
 SECTION, SHALL MAINTAIN ADEQUATE DOCUMENTATION OF COMPLETION OF ACCEPTA-
 BLE  CONTINUING EDUCATION TO SUPPORT SUCH ATTESTATION, AND SHALL PROVIDE
 SUCH DOCUMENTATION TO THE DEPARTMENT UPON REQUEST.  FAILURE  TO  PROVIDE
 SUCH  DOCUMENTATION  UPON  REQUEST  OF  THE  DEPARTMENT SHALL CONSTITUTE
 MISCONDUCT SUBJECT  TO  DISCIPLINARY  PROCEEDINGS  PURSUANT  TO  SECTION
 SIXTY-FIVE HUNDRED TEN OF THIS TITLE.
   (6)  THE  MANDATORY  CONTINUING  EDUCATION  FEE  SHALL  BE  FORTY-FIVE
 DOLLARS, SHALL BE PAYABLE ON OR BEFORE THE FIRST DAY OF  EACH  TRIENNIAL
 REGISTRATION  PERIOD  TOGETHER  WITH  THE REGISTRANT'S ATTESTATION UNDER
 SUBDIVISION FIVE OF THIS SECTION, AND SHALL BE IN ADDITION TO THE TRIEN-
 NIAL REGISTRATION FEE OTHERWISE REQUIRED BY THIS ARTICLE. SUCH FEE SHALL
 DEFRAY THE DEPARTMENT'S COSTS FOR ADMINISTERING AND AUDITING  COMPLIANCE
 WITH THIS SECTION.
 A. 10187                            3
 
   (7)  THE  COMMISSIONER,  IN  CONSULTATION  WITH  THE  STATE  BOARD FOR
 ACUPUNCTURE, IS AUTHORIZED TO PROMULGATE SUCH RULES AND  REGULATIONS  AS
 MAY BE NECESSARY TO IMPLEMENT THE PROVISIONS OF THIS SECTION.
   § 2. This act shall take effect on the one hundred eightieth day after
 it  shall  have  become  a  law; provided that any rules and regulations
 necessary to implement the provisions of this act on its effective  date
 are  authorized  and  directed to be promulgated, repealed or amended by
 such effective date.