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.
S T A T E O F N E W Y O R K
________________________________________________________________________
3033
2025-2026 Regular Sessions
I N A S S E M B L Y
January 23, 2025
___________
Introduced by M. of A. ROSENTHAL, COLTON, BUTTENSCHON -- 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.
LBD06348-01-5
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