Provides for the licensure of reflexology practitioners; the appointment by the board of regents of a state board for reflexology; requirements for a professional license and persons exempt from such requirements.
Sponsor: PERKINS HIGHER EDUCATION
Law Section: Education Law
Law: Add Art 155-A SS7850 - 7857, Ed L
Law Section: Education Law
Law: Add Art 155-A SS7850 - 7857, Ed L
- Jan 4, 2012: REFERRED TO HIGHER EDUCATION
- Mar 25, 2011: REFERRED TO HIGHER EDUCATION
BILL NUMBER:S4247 TITLE OF BILL: An act to amend the education law, in relation to the licensure of reflexology practitioners PURPOSE OR GENERAL IDEA OF BILL: This bill will make available that any person wishing to practice Reflexology in the state of New York be allowed to do so in so long as all criteria in this article for licensing be met. SUMMARY OF SPECIFIC PROVISIONS: This bill introduces a new article 155-A to education law. The new article will describe the terminology as to the definition of Reflexology and the criteria needed to practice Reflexology in the State of New York. Section � 7850, applies to the profession of reflexology. Section � 7851, describes the terminology and how the terms relate to being used in the law. Section � 7852, describes how the title Reflexologist will be used and who can claim to be a New York state licensed Reflexologist. Section � 7853, Section 1. Describes how the State Board of Reflexology will be created and how the members of such board will be appointed. Section 2. Provides that the Board of Regents and the commissioner shall put in law the rules and regulations to effectuate this article. Section � 7854, subsection (1) (A,B,C,D,E,F,G,H, and I) provides for requirements to be fulfilled in order to become a licensed practitioner of Reflexology in New York State. Subsection (2). Describes how long the term of a license will be valid. Section � 7855, Subsection (1) describes persons authorized to practice in a specific medical field shall be exempt from this article. subsection (2) any person practicing Reflexology as an employee in a medical institution that is licensed or chartered in New York State can do so with on-site supervision from another person duly licensed or authorized by New York State. Section � 7856, describes limited permits that are for a period of time not to exceed 12 months or until the next examination. Section � 7857, special provisions, Notwithstanding the requirements, an individual currently engaging in the practice of Reflexology may continue to practice after the effective date by meeting certain criteria. JUSTIFICATION: Public interest in complementary therapies continues to grow and many nurses and midwives are incorporating complementary therapies such as reflexology. Reflexology is potentially a very valuable therapeutic nursing skill and could have wide-ranging and cost-effective benefits in health care, from special care baby units through to care of the elderly. Like many other complementary therapies, reflexology seems to restore and maintain health by rebalancing the body. Whilst too many, reflexology may appear a gentle therapy, it is vital that the contraindications are known and that it is only carried out by trained Reflexologist. Reflexology is a noninvasive, integrative therapy based on the premise that there are zones and reflex areas in the feet, hands and ears which correspond to all body systems. By applying specific pressure using thumb, finger and hand techniques, these reflex points/areas are stimulated and work to revitalize and harmonize the functions of the body therapy effecting a physiological change. This bill recognizes Reflexology is unique and distinct from other integrative disciplines. It is therefore important to set standards reflecting safety practices that are up to date and periodically monitored. New York State currently provides none of the above for practicing Reflexology; however this bill would set standards for this profession. PRIOR LEGISLATIVE HISTORY: 2009-10 A.10076 (Latimer) Referred to Assembly Higher Education FISCAL IMPLICATIONS: Monies collected from licensing would generate additional revenue for the state. EFFECTIVE DATE: This act will take effect immediately.
S T A T E O F N E W Y O R K ________________________________________________________________________ 4247 2011-2012 Regular Sessions I N SENATE March 25, 2011 ___________ Introduced by Sen. PERKINS -- 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 the licensure of reflexology practitioners 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 article 155-A to read as follows:
ARTICLE 155-A REFLEXOLOGY SECTION 7850. INTRODUCTION. 7851. DEFINITIONS. 7852. PRACTICE OF REFLEXOLOGY AND USE OF TITLE "REFLEXOLOGIST". 7853. STATE BOARD FOR REFLEXOLOGY. 7854. REQUIREMENTS FOR A PROFESSIONAL LICENSE. 7855. EXEMPT PERSONS. 7856. LIMITED PERMITS. 7857. SPECIAL PROVISIONS. S 7850. INTRODUCTION. THIS ARTICLE APPLIES TO THE PROFESSION OF REFLEXOLOGY. THE GENERAL PROVISIONS FOR ALL PROFESSIONS CONTAINED IN ARTICLE ONE HUNDRED THIRTY OF THIS TITLE APPLY TO THIS ARTICLE. S 7851. DEFINITIONS. AS USED IN THIS ARTICLE THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
1. "BOARD" IS THE STATE BOARD FOR REFLEXOLOGY AS CREATED BY SECTION SEVENTY-EIGHT HUNDRED FIFTY-THREE OF THIS ARTICLE. 2. "PRACTITIONER" MEANS A PERSON WHO PRACTICES REFLEXOLOGY FOR COMPEN- SATION AND WHO HOLDS CURRENT CERTIFICATION FROM AN ENTITY APPROVED BY THE COMMISSIONER. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00310-02-1 S. 4247 2 3. "REFLEXOLOGY" IS THE SYSTEMATIC APPLICATION OF ALTERNATING PRESSURE BY THE USE OF THE PRACTITIONER'S HANDS, THUMBS AND FINGERS TO REFLEX POINTS ON AN INDIVIDUAL'S HANDS, FEET, FACE OR EARS, USING ALTERNATING PRESSURE AND SUCH TECHNIQUES AS THUMB AND FINGER WALKING, HOOK AND BACK UP, AND ROTATION ON A REFLEX FOR THE PURPOSE OF HEALTH PROMOTION. S 7852. PRACTICE OF REFLEXOLOGY AND USE OF TITLE "REFLEXOLOGIST". ONLY A PERSON LICENSED OR AUTHORIZED PURSUANT TO THIS ARTICLE SHALL PRACTICE REFLEXOLOGY AND ONLY A PERSON SO LICENSED SHALL USE THE TITLE "REFLEXOL- OGIST". NO PERSON, FIRM, PARTNERSHIP, OR CORPORATION SHALL DESCRIBE ITS SERVICES IN ANY MANNER UNDER THE TITLE "REFLEXOLOGY" UNLESS SUCH SERVICES AS DEFINED BY SUBDIVISION THREE OF SECTION SEVENTY-EIGHT HUNDRED FIFTY-ONE OF THIS ARTICLE ARE PERFORMED BY A PERSON LICENSED OR AUTHORIZED PURSUANT TO THIS ARTICLE. S 7853. STATE BOARD FOR REFLEXOLOGY. 1. A STATE BOARD FOR REFLEXOLOGY SHALL 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 TITLE. THE BOARD SHALL BE COMPOSED OF NOT LESS THAN SEVEN PERSONS, FOUR OF WHOM SHALL HAVE BEEN ENGAGED IN THE TEACHING, RESEARCH OR PRACTICE OF REFLEX- OLOGY FOR AT LEAST THREE YEARS, TWO OF WHOM SHALL BE PHYSICIANS OR NURS- ES LICENSED IN THIS STATE AND ONE WHO SHALL BE A PUBLIC MEMBER REPRES- ENTING THE CONSUMER AND COMMUNITY. AN EXECUTIVE SECRETARY TO THE BOARD SHALL BE APPOINTED BY THE BOARD OF REGENTS ON RECOMMENDATION OF THE COMMISSIONER. 2. THE BOARD OF REGENTS AND THE COMMISSIONER, IN CONSULTATION WITH THE STATE BOARD OF REFLEXOLOGY, SHALL PROMULGATE SUCH RULES AND REGULATIONS AS THEY DEEM NECESSARY AND APPROPRIATE TO EFFECTUATE THE PROVISIONS OF THIS ARTICLE. S 7854. REQUIREMENTS FOR A PROFESSIONAL LICENSE. 1. TO QUALIFY FOR A LICENSE AS A REFLEXOLOGIST, AN APPLICANT SHALL FULFILL THE FOLLOWING REQUIREMENTS:
(A) APPLICATION: FILE AN APPLICATION WITH THE DEPARTMENT; (B) CERTIFICATE: HOLD A CURRENT CERTIFICATE FROM THE AMERICAN REFLEX- OLOGY CERTIFICATION BOARD (ARCB) OR ANY OTHER INDEPENDENT NATIONAL CERTIFICATION PROGRAM APPROVED BY THE BOARD; (C) EDUCATION: HAVE RECEIVED AN EDUCATION, INCLUDING HIGH SCHOOL GRAD- UATION AND GRADUATION FROM A SCHOOL OR INSTITUTE OF REFLEXOLOGY WITH THE PROGRAM REGISTERED BY THE DEPARTMENT, OR ITS SUBSTANTIAL EQUIVALENT IN BOTH SUBJECT MATTER AND EXTENT OF TRAINING, PROVIDED THAT THE PROGRAM IN SUCH A SCHOOL OR INSTITUTE SHALL CONSIST OF TRAINING FOR A TOTAL OF NOT LESS THAN TWO HUNDRED HOURS IN SUBJECTS SATISFACTORY TO THE DEPARTMENT; (D) EXAMINATION: PASS AN EXAMINATION SATISFACTORY TO THE BOARD AND IN ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS; (E) AGE: BE AT LEAST EIGHTEEN YEARS OF AGE; (F) CITIZENSHIP OR IMMIGRATION STATUS: BE A UNITED STATES CITIZEN OR AN ALIEN LAWFULLY ADMITTED FOR PERMANENT RESIDENCE IN THE UNITED STATES; (G) CHARACTER: BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE DEPART- MENT; (H) CRIMINAL BACKGROUND: SUBMIT A STATEMENT CERTIFYING THAT THE APPLI- CANT HAS NOT BEEN CONVICTED IN NEW YORK OR IN ANY OTHER STATE FOR ANY CRIME INVOLVING VIOLENCE INFLICTED ON A PERSON OR THREATENED AGAINST A PERSON, OR ANY SEXUALLY-RELATED CRIME; AND (I) FEES: PAY FEES REQUIRED IN RULES ADOPTED BY THE DEPARTMENT AND THE BOARD OF REGENTS. 2. LICENSES SHALL BE VALID FOR FOUR YEARS. S. 4247 3 S 7855. EXEMPT PERSONS. NOTHING CONTAINED IN THIS ARTICLE SHALL BE CONSTRUED TO PROHIBIT:
1. THE PRACTICE OF REFLEXOLOGY BY ANY PERSON WHO IS AUTHORIZED TO PRACTICE MEDICINE, NURSING, OSTEOPATHY, CHIROPRACTIC, PHYSIOTHERAPY, PODIATRY, OR MASSAGE THERAPY IN ACCORDANCE WITH THE PROVISIONS OF THIS TITLE. THE PRACTICE OF THAT FORM OF MASSAGE WHICH IS CUSTOMARILY GIVEN IN BARBER SHOPS OR BEAUTY PARLORS FOR THE PURPOSE OF BEAUTIFICATION BY ANY LICENSED BARBER OR BEAUTY CULTURIST. 2. THE PRACTICE OF REFLEXOLOGY BY ANY PERSON EMPLOYED IN THE MEDICAL INSTITUTION LICENSED OR CHARTERED BY THE STATE OF NEW YORK, PROVIDED THAT SUCH PERSON IS UNDER THE ON-SITE SUPERVISION OF THE PERSON LICENSED TO PRACTICE REFLEXOLOGY OR AUTHORIZED TO PRACTICE REFLEXOLOGY BY SUBDI- VISION ONE OF THIS SECTION OR BY ANY PERSON ENROLLED IN THE PROGRAM OF A SCHOOL OR INSTITUTE OF REFLEXOLOGY REGISTERED BY THE DEPARTMENT OR ENROLLED IN A PROGRAM WHICH SATISFIES THE REQUIREMENTS OF SECTION SEVEN- TY-EIGHT HUNDRED FIFTY-FOUR OF THIS ARTICLE, PROVIDED THAT SUCH PERSON IS UNDER THE ON-SITE SUPERVISION OF A PERSON LICENSED TO PRACTICE REFLEXOLOGY OR AUTHORIZED TO PRACTICE REFLEXOLOGY BY SUBDIVISION ONE OF THIS SECTION. S 7856. LIMITED PERMITS. 1. THE DEPARTMENT MAY ISSUE A LIMITED PERMIT TO PRACTICE REFLEXOLOGY AS A LICENSED REFLEXOLOGIST TO A PERSON WHO HAS NOT PREVIOUSLY HELD SUCH A PERMIT AND WHO FULFILLS ALL EXCEPT THE EXAM- INATION AND CITIZENSHIP REQUIREMENTS FOR A LICENSE, PROVIDED HOWEVER THAT A PERMIT SHALL NOT BE ISSUED TO A PERSON WHO HAS FAILED THE STATE LICENSING EXAMINATION. 2. THE LIMITED PERMIT SHALL BE VALID FOR A PERIOD OF NOT MORE THAN TWELVE MONTHS OR UNTIL THE RESULTS OF THE NEXT LICENSING EXAMINATION FOR WHICH THE PERSON IS ELIGIBLE ARE OFFICIALLY AVAILABLE, WHICHEVER COMES FIRST. 3. A LIMITED PERMIT SHALL ENTITLE THE HOLDER TO PRACTICE REFLEXOLOGY ONLY UNDER THE PERSONAL SUPERVISION OF A PERSON CURRENTLY LICENSED AND REGISTERED TO PRACTICE REFLEXOLOGY IN THIS STATE. 4. THE FEE FOR A LIMITED PERMIT SHALL BE REQUIRED AND SHALL BE AS ADOPTED IN THE RULES OF THE DEPARTMENT AND THE BOARD OF REGENTS. S 7857. SPECIAL PROVISIONS. 1. NOTWITHSTANDING THE REQUIREMENTS OF SECTIONS SEVENTY-EIGHT HUNDRED FIFTY-FOUR AND SEVENTY-EIGHT HUNDRED FIFTY-SIX OF THIS ARTICLE, AN INDIVIDUAL CURRENTLY ENGAGING IN THE PRAC- TICE OF REFLEXOLOGY MAY CONTINUE TO PRACTICE AFTER THE EFFECTIVE DATE OF THIS ARTICLE, AS FOLLOWS:
IN THE CASE OF AN INDIVIDUAL WHO FULFILLS ALL EXCEPT THE CERTIFICATION AND APPLICATION REQUIREMENTS OF SECTION SEVENTY-EIGHT HUNDRED FIFTY-FOUR OF THIS ARTICLE, SUCH PERSON SHALL HAVE EIGHTEEN MONTHS TO ATTAIN SUCH CERTIFICATION FROM THE ARCB AND APPLY FOR A LICENSE TO PRACTICE REFLEX- OLOGY. 2. FOR THE PURPOSES OF SUBDIVISION ONE OF THIS SECTION, IT SHALL BE DETERMINED THAT THE FILING OF AN APPLICATION WITH THE DEPARTMENT ON OR BEFORE THE EXPIRATION OF THE EIGHTEEN MONTH PERIOD SHALL QUALIFY FOR PURPOSES OF SUCH SUBDIVISION, REGARDLESS OF THE TIME PERIOD REQUIRED FOR PROCESSING SUCH APPLICATION. 3. ANY CERTIFICATION FROM THE ARCB WHICH HAS BEEN ISSUED PRIOR TO THE EFFECTIVE DATE OF THIS ARTICLE SHALL BE DEEMED VOID AND INVALID IF THE HOLDER HAS NOT MET THE EDUCATIONAL REQUIREMENTS OF SECTION SEVENTY-EIGHT HUNDRED FIFTY-FOUR OF THIS ARTICLE. S 2. The department of education shall transmit to the state comp- troller for deposit in the special revenues account of such department S. 4247 4 of education all fees submitted to such department pursuant to sections 7854 and 7855 of the education law as added by section one of this act. S 3. This act shall take effect immediately.