NY State Senate Bill 2025-S9223

Current Bill Status - In Senate Committee Higher Education Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 17, 2026	referred to higher education

2025-S9223 (ACTIVE) - Details

See Assembly Version of this Bill:: A10187
Current Committee:: Senate Higher Education
Law Section:: Education Law
Laws Affected:: Add §8217, Ed L

2025-S9223 (ACTIVE) - Summary

Requires acupuncturists registered with the state to complete 45 hours of mandatory continuing education requirements every registration period; specifies acceptable courses of continuing education; provides exceptions.

2025-S9223 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S9223

SPONSOR: LIU
 
TITLE OF BILL:

An act to amend the education law, in relation to mandatory continuing
education requirements for acupuncturists

 
PURPOSE:

To establish a modern, efficient, and professionally credible continuing
education (CE) program for licensed acupuncturists in New York State
that protects the public, aligns with national standards, improves the
quality of acupuncture care, and minimizes administrative burden by
recognizing the National Certification Board for Acupuncture and Herbal
Medicine (NCBAHM) as the accrediting body.

 
SUMMARY OF PROVISIONS:

The bill adds a new 8216-a to the Education Law within Article 160,
Acupuncture.

Subdivision 1 provides that CE applies to all licensed acupuncturists
who register triennially to practice in New York, with standard
exemptions for the first registration period, health or military hard-
ship, and licensees not in public practice.

Subdivision 2 requires 45 hours per triennial cycle, with a floor of 15
hours per year. Proration applies to partial cycles; there is no carry
over between cycles.

Subdivision 3 authorizes the Department to issue a one-year conditional
registration to cure shortfalls while protecting patients from lapses in
competency.

Subdivision 4 defines "acceptable formal continuing education" as
programs approved by the National Certification Board for Acupuncture
and Herbal Medicine (NCBAHM), or its recognized successor. The Depart-
ment accepts the credit value assigned by NCBAHM and is not required to
pre-approve sponsors or courses. The Commissioner may identify priority
subject areas by regulation as public-health needs evolve.

Subdivision 5 requires licensed acupuncturists to self-attest as part of
license renewal and to maintain documentation of compliance with CE
obligations. Failure to substantiate an attestation upon request of the
Department is professional misconduct under existing law.

Subdivision 6 establishes a $45 CE-compliance fee in addition to exist-
ing registration fees at each triennial attestation to defray audit and
administration costs.

Subdivision 7 authorizes the Commissioner, in consultation with the
State Board for Acupuncture, to promulgate necessary rules. The Depart-
ment is explicitly not required to institute continuing-competency test-
ing.

Section two provides that the effective date of this legislation shall
be 180 days after enactment but also grants the Department immediate
rulemaking authority.
 
JUSTIFICATION:

New York's Title VIII (Education Law) already requires continuing educa-
tion for many health professions. Acupuncture is a direct-care field
where techniques, safety protocols, and evidence-informed practice
evolve continually. But licensed acupuncturists are currently under no
legal obligation to engage in continuing education in their field. This
bill proposes a right-sized CE framework for New York that:

* Protects patients by reinforcing current best practices in areas such
as infection control, clean needle technique, adverse-event recognition,
integrative-care coordination, and ethical billing/documentation.

* Aligns with national norms by leveraging National Certification Board
for Acupuncture and Herbal Medicine (NCBAHM), the profession's premier,
widely recognized national credentialing organization. This avoids
duplicative state bureaucracy while ensuring course quality and rele-
vance.

* Minimizes administrative burden through self-attestation at renewal
and targeted random audits, a proven model used elsewhere in Title VIII.

* Respects small practices by accepting the full range of NCBAHM-ap-
proved formats, including cost-effective online learning and live cours-
es, and by providing conditional registration to cure shortfalls without
abruptly sidelining practitioners.

* The bill strikes the right balance: it raises and maintains profes-
sional standards while keeping compliance simple, predictable, and
nationally consistent.

 
FISCAL IMPLICATIONS:

The bill imposes no General Fund impact. The $45 triennial CE-compliance
fee is dedicated to the Department's incremental costs for education
attestation processing and randomized audits.

 
EFFECTIVE DATE:
The legislation takes effect on the one-hundred eightieth day after it
shall have become law. Effective immediately, the Department is author-
ized to promulgate any rules necessary for timely implementation.

2025-S9223 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9223
 
                             I N  S E N A T E
 
                             February 17, 2026
                                ___________
 
 Introduced  by  Sen.  LIU  --  read  twice and ordered printed, and when
   printed to be committed 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
 S. 9223                             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.
 S. 9223                             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.

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Senate Bill S9223

Sponsored By

Current Bill Status - In Senate Committee Higher Education Committee

Actions

2025-S9223 (ACTIVE) - Details

2025-S9223 (ACTIVE) - Summary

2025-S9223 (ACTIVE) - Sponsor Memo

2025-S9223 (ACTIVE) - Bill Text download pdf

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Sponsored By

John C. Liu

Current Bill Status - In Senate Committee Higher Education Committee

Actions

2025-S9223 (ACTIVE) - Details

2025-S9223 (ACTIVE) - Summary

2025-S9223 (ACTIVE) - Sponsor Memo

2025-S9223 (ACTIVE) - Bill Text download pdf

Comments