S T A T E   O F   N E W   Y O R K
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                                 2462--A
                                                           R. R. 118

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 16, 2015
                               ___________

Introduced  by M. of A. BRONSON -- read once and referred to the Commit-
  tee on Labor -- recommitted to the Committee on  Labor  in  accordance
  with Assembly Rule 3, sec. 2 -- reported and referred to the Committee
  on  Codes  -- reported and referred to the Committee on Ways and Means
  -- reported and referred to the Committee on Rules -- amended  on  the
  special  order of third reading, ordered reprinted as amended, retain-
  ing its place on the special order of third reading

AN ACT to amend the workers' compensation law and the education law,  in
  relation to the care and treatment of injured employees by licensed or
  certified acupuncturists

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The workers' compensation law is amended by  adding  a  new
section 13-p to read as follows:
  S  13-P. CARE AND TREATMENT OF INJURED EMPLOYEES BY LICENSED OR CERTI-
FIED ACUPUNCTURISTS. 1. FOR PURPOSES OF THIS SECTION, THE TERM "ACUPUNC-
TURIST" SHALL MEAN A PERSON WHO IS DULY LICENSED  AND  REGISTERED  AS  A
LICENSED  ACUPUNCTURIST  PURSUANT  TO  ARTICLE  ONE HUNDRED SIXTY OF THE
EDUCATION LAW, OR WHO IS A CERTIFIED ACUPUNCTURIST PURSUANT TO  SUBDIVI-
SION  THREE  OF SECTION EIGHTY-TWO HUNDRED SIXTEEN OF THE EDUCATION LAW;
AND
  2. (A) AN INJURED EMPLOYEE, INJURED  UNDER  CIRCUMSTANCES  WHICH  MAKE
SUCH  AN  INJURY COMPENSABLE UNDER THIS ARTICLE, MAY LAWFULLY BE TREATED
BY AN ACUPUNCTURIST AUTHORIZED BY THE CHAIR TO RENDER  ACUPUNCTURE  CARE
PURSUANT TO THIS SECTION. SUCH SERVICES SHALL BE WITHIN THE SCOPE OF THE
PROFESSION  OF  ACUPUNCTURE  AS  DEFINED  IN  SUBDIVISION ONE OF SECTION
EIGHTY-TWO HUNDRED ELEVEN OF THE EDUCATION LAW.  ACUPUNCTURISTS  AUTHOR-
IZED  BY  THE CHAIR TO PROVIDE TREATMENT PURSUANT TO THIS SECTION, SHALL
NOT BE AUTHORIZED TO PERFORM INDEPENDENT MEDICAL EXAMINATIONS.
  (B) MEDICAL BUREAUS, MEDICAL CENTERS JOINTLY  OPERATED  BY  LABOR  AND
MANAGEMENT  REPRESENTATIVES,  HOSPITALS AND HEALTH MAINTENANCE ORGANIZA-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD07466-04-6

A. 2462--A                          2

TIONS, AUTHORIZED TO  PROVIDE  MEDICAL  CARE,  MAY  PROVIDE  ACUPUNCTURE
SERVICES  WHEN REQUIRED, PROVIDED SUCH CARE IS RENDERED BY AN ACUPUNCTU-
RIST AS REQUIRED BY THIS SECTION.
  (C)  AN ACUPUNCTURIST RENDERING SERVICE PURSUANT TO THIS SECTION SHALL
MAINTAIN RECORDS OF THE PATIENT'S CONDITION AND  ACUPUNCTURE  TREATMENT,
AND  SUCH  RECORDS  OR  REPORTS  SHALL BE SUBMITTED TO THE CHAIR ON SUCH
FORMS AND AT SUCH TIMES AS THE CHAIR MAY REQUIRE.
  3. (A) AN ACUPUNCTURIST WHO IS DESIROUS OF BEING AUTHORIZED TO  RENDER
ACUPUNCTURE  SERVICES  UNDER  THIS SECTION SHALL FILE AN APPLICATION FOR
AUTHORIZATION UNDER THIS SECTION WITH THE ACUPUNCTURE  PRACTICE  COMMIT-
TEE. THE APPLICANT SHALL AGREE TO REFRAIN FROM SUBSEQUENTLY TREATING FOR
REMUNERATION,  AS  A  PRIVATE  PATIENT,  ANY  PERSON SEEKING ACUPUNCTURE
SERVICES, IN CONNECTION WITH, OR AS A RESULT OF, ANY INJURY  COMPENSABLE
UNDER  THIS  CHAPTER,  IF  HE  OR  SHE HAS BEEN REMOVED FROM THE LIST OF
ACUPUNCTURISTS AUTHORIZED TO RENDER SERVICES UNDER THIS CHAPTER.    THIS
AGREEMENT SHALL RUN TO THE BENEFIT OF THE INJURED PERSON SO TREATED, AND
SHALL  BE AVAILABLE AS A DEFENSE IN ANY ACTION BY SUCH ACUPUNCTURIST FOR
PAYMENT FOR TREATMENT RENDERED BY SUCH ACUPUNCTURIST AFTER BEING REMOVED
FROM  THE  LIST  OF  ACUPUNCTURISTS  AUTHORIZED  TO  RENDER  ACUPUNCTURE
SERVICES  UNDER  THIS  SECTION. THE ACUPUNCTURE PRACTICE COMMITTEE IF IT
DEEMS SUCH ACUPUNCTURIST DULY QUALIFIED SHALL  RECOMMEND  TO  THE  CHAIR
THAT SUCH PERSON BE AUTHORIZED TO RENDER ACUPUNCTURE SERVICES UNDER THIS
SECTION.    SUCH RECOMMENDATIONS SHALL BE ONLY ADVISORY TO THE CHAIR AND
SHALL NOT BE BINDING OR CONCLUSIVE.
  (B) THE CHAIR MAY PREPARE AND ESTABLISH A SCHEDULE FOR  THE  STATE  OR
SCHEDULES LIMITED TO DEFINED LOCALITIES OF CHARGES AND FEES FOR ACUPUNC-
TURE  TREATMENT  AND  CARE,  TO  BE DETERMINED IN ACCORDANCE WITH AND BE
SUBJECT TO CHANGE PURSUANT TO RULES PROMULGATED  BY  THE  CHAIR.  BEFORE
PREPARING  SUCH  SCHEDULE FOR THE STATE OR SCHEDULES FOR LIMITED LOCALI-
TIES THE CHAIR SHALL  REQUEST  THE  ACUPUNCTURE  PRACTICE  COMMITTEE  TO
SUBMIT  TO  SUCH  CHAIR A REPORT ON THE AMOUNT OF REMUNERATION DEEMED BY
SUCH COMMITTEE TO BE FAIR AND ADEQUATE  FOR  THE  TYPES  OF  ACUPUNCTURE
SERVICES  TO  BE RENDERED UNDER THIS CHAPTER, BUT CONSIDERATION SHALL BE
GIVEN TO THE VIEW OF OTHER INTERESTED PARTIES.  THE AMOUNTS  PAYABLE  BY
THE  EMPLOYER  FOR  SUCH  TREATMENT  AND  SERVICES SHALL BE THE FEES AND
CHARGES ESTABLISHED BY SUCH SCHEDULE.
  (C) IN DETERMINING THE SCHEDULE OR SCHEDULES AS PROVIDED IN  PARAGRAPH
(B)  OF  THIS  SUBDIVISION,  THE  CHAIR SHALL MAKE A DISTINCTION BETWEEN
TREATMENT RENDERED BY  A  DULY  LICENSED  AND  REGISTERED  ACUPUNCTURIST
SUBJECT  TO THE PROVISIONS OF ARTICLE ONE HUNDRED SIXTY OF THE EDUCATION
LAW AND A CERTIFIED ACUPUNCTURIST SUBJECT TO THE PROVISIONS  OF  SECTION
EIGHTY-TWO  HUNDRED  SIXTEEN  OF  THE EDUCATION LAW, AND THE CHAIR SHALL
PREPARE AND ESTABLISH A SCHEDULE OR SCHEDULES REFLECTING FEES AND CHARG-
ES APPROPRIATE TO THE NATURE AND SCOPE OF THE TREATMENT RENDERED BY EACH
TYPE OF PRACTITIONER, GIVING DUE CONSIDERATION TO ALL  RELEVANT  FACTORS
INCLUDING, BUT NOT LIMITED TO, THE LEVEL OF ACUPUNCTURE EDUCATION OF THE
PRACTITIONER,  THE  TYPE  OF TREATMENT RENDERED, WHETHER THE ACUPUNCTURE
TREATMENT IS BEING PROVIDED AS THE PRINCIPAL TREATMENT OR AS AN  ADJUNCT
TREATMENT,  AND  THE  BILLING  PRACTICES ENTAILED, INCLUDING WHETHER THE
PRACTITIONER SUBMITS ONE COMPREHENSIVE BILL OR BILLS SEPARATELY FOR  THE
ACUPUNCTURE TREATMENT, OFFICE VISITS AND OTHER ITEMS.
  4. NO CLAIM FOR ACUPUNCTURE SERVICES SHALL BE VALID AND ENFORCEABLE AS
AGAINST  THE  EMPLOYER  OR  EMPLOYEES  UNLESS  WITHIN  FORTY-EIGHT HOURS
FOLLOWING THE FIRST TREATMENT THE  ACUPUNCTURIST  GIVING  SUCH  CARE  OR
TREATMENT FURNISHES TO THE EMPLOYER AND DIRECTLY TO THE CHAIR A PRELIMI-
NARY NOTICE OF SUCH INJURY AND TREATMENT, AND WITHIN FIFTEEN DAYS THERE-

A. 2462--A                          3

AFTER  A MORE COMPLETE REPORT AND SUBSEQUENT THERETO PROGRESS REPORTS AS
REQUESTED IN WRITING BY THE CHAIR, BOARD, EMPLOYER OR INSURANCE CARRIER,
AT INTERVALS OF NOT LESS THAN THREE WEEKS  APART  OR  AT  LESS  FREQUENT
INTERVALS  IF  REQUESTED ON FORMS PRESCRIBED BY THE CHAIR. THE BOARD MAY
EXCUSE THE FAILURE TO GIVE SUCH NOTICES WITHIN  THE  DESIGNATED  PERIODS
WHEN IT FINDS IT TO BE IN THE INTEREST OF JUSTICE TO DO SO.
  5.  FEES  FOR  ACUPUNCTURE  SERVICES  SHALL  BE PAYABLE ONLY TO A DULY
LICENSED OR CERTIFIED ACUPUNCTURIST  PURSUANT  TO  ARTICLE  ONE  HUNDRED
SIXTY  OF  THE EDUCATION LAW, OR TO THE AGENT, EXECUTOR OR ADMINISTRATOR
OF THE ESTATE OF SUCH ACUPUNCTURIST.  NO ACUPUNCTURIST RENDERING  TREAT-
MENT TO A COMPENSATION CLAIMANT SHALL COLLECT OR RECEIVE A FEE FROM SUCH
CLAIMANT  WITHIN  THIS  STATE,  BUT  SHALL  HAVE RECOURSE FOR PAYMENT OF
SERVICES RENDERED ONLY TO THE EMPLOYER  UNDER  THE  PROVISIONS  OF  THIS
SECTION.
  6.  WHENEVER  HIS  OR  HER  ATTENDANCE  AT  A HEARING IS REQUIRED, THE
ACUPUNCTURIST OF THE INJURED EMPLOYEE SHALL BE ENTITLED TO RECEIVE A FEE
FROM THE EMPLOYER IN AN AMOUNT TO BE FIXED BY THE BOARD, IN ADDITION  TO
ANY  FEE  PAYABLE UNDER SECTION EIGHT THOUSAND ONE OF THE CIVIL PRACTICE
LAW AND RULES.
  7. (A) UNLESS WITHIN THIRTY DAYS AFTER A BILL HAS BEEN RENDERED TO THE
EMPLOYER BY THE ACUPUNCTURIST WHO HAS TREATED AN INJURED EMPLOYEE,  SUCH
EMPLOYER SHALL HAVE NOTIFIED THE CHAIR AND SUCH ACUPUNCTURIST IN WRITING
THAT  SUCH  EMPLOYER DEMANDS AN IMPARTIAL EXAMINATION OF THE FAIRNESS OF
THE AMOUNT CLAIMED BY SUCH ACUPUNCTURIST FOR HIS OR  HER  SERVICES,  THE
RIGHT  TO SUCH AN IMPARTIAL EXAMINATION SHALL BE DEEMED TO BE WAIVED AND
THE AMOUNT CLAIMED BY SUCH ACUPUNCTURIST SHALL BE DEEMED TO BE THE  FAIR
VALUE  OF THE SERVICES RENDERED.  IF THE PARTIES FAIL TO AGREE AS TO THE
ACUPUNCTURE CARE RENDERED UNDER THIS CHAPTER TO A CLAIMANT,  SUCH  VALUE
SHALL  BE DECIDED BY THE ACUPUNCTURE PRACTICE COMMITTEE AND THE MAJORITY
DECISION OF SUCH COMMITTEE SHALL BE CONCLUSIVE UPON THE  PARTIES  AS  TO
THE  VALUE OF THE SERVICES RENDERED. THE BOARD MAY MAKE AN AWARD FOR ANY
SUCH BILL OR PART THEREOF WHICH REMAINS UNPAID IN THE SAME MANNER AS  AN
AWARD  FOR  BILLS  RENDERED  UNDER SUBDIVISIONS ONE AND THREE OF SECTION
THIRTEEN-G OF THIS ARTICLE, AND SUCH AWARD  MAY  BE  COLLECTED  IN  LIKE
MANNER  AS  AN  AWARD OF COMPENSATION. THE CHAIR SHALL ASSESS THE SUM OF
FIFTY DOLLARS AGAINST THE EMPLOYER FOR  EACH  SUCH  AWARD  MADE  BY  THE
BOARD, WHICH SUM SHALL BE PAID INTO THE STATE TREASURY.
  (B)  WHERE  AN  ACUPUNCTURIST'S BILL HAS BEEN DETERMINED TO BE DUE AND
OWING IN ACCORDANCE WITH THE PROVISIONS OF THIS SECTION, THE  BOARD  MAY
IMPOSE  A PENALTY OF NOT MORE THAN ONE AND ONE-HALF PERCENT INTEREST PER
MONTH PAYABLE TO THE ACUPUNCTURIST IN  ACCORDANCE  WITH  THE  RULES  AND
REGULATIONS PROMULGATED BY THE BOARD.
  (C)  THE  PARTIES TO SUCH PROCEEDING SHALL EACH PAY TO THE CHAIR A SUM
EQUAL TO FIVE PER CENTUM OF THE AMOUNT PAYABLE  UNDER  THE  DECISION  OF
SUCH  COMMITTEE  OR A MINIMUM OF FIVE DOLLARS, WHICHEVER IS GREATER. THE
SUMS SO COLLECTED SHALL BE TRANSFERRED TO THE STATE  TREASURY  TO  REIM-
BURSE IT ON ACCOUNT OF THE EXPENSE OF ADMINISTERING THIS SECTION.
  8.  WITHIN  THE LIMITS PRESCRIBED BY THE EDUCATION LAW FOR ACUPUNCTURE
SERVICES,  THE  REPORT  OR  TESTIMONY  OF  AN  AUTHORIZED  ACUPUNCTURIST
CONCERNING  THE  CONDITION  OF AN INJURED EMPLOYEE AND TREATMENT THEREOF
SHALL BE DEEMED COMPETENT EVIDENCE AND THE PROFESSIONAL OPINION  OF  THE
ACUPUNCTURIST  AS  TO CAUSAL RELATION AND AS TO REQUIRED TREATMENT SHALL
BE DEEMED COMPETENT BUT  SHALL  NOT  BE  CONTROLLING.  NOTHING  IN  THIS
SECTION  SHALL BE DEEMED TO DEPRIVE ANY EMPLOYER OR INSURANCE CARRIER OF
ANY RIGHT TO A MEDICAL EXAMINATION OR PRESENTATION OF MEDICAL  TESTIMONY
NOW CONFERRED BY LAW.

A. 2462--A                          4

  9.  THE  CHAIR  SHALL  PROMULGATE  RULES GOVERNING THE PROCEDURE TO BE
FOLLOWED BY THOSE RENDERING ACUPUNCTURE  SERVICES  UNDER  THIS  SECTION,
WHICH  RULES  SO FAR AS PRACTICABLE SHALL CONFORM TO THE RULES PRESENTLY
IN EFFECT WITH REFERENCE TO MEDICAL CARE FURNISHED TO CLAIMANTS IN WORK-
ERS' COMPENSATION. IN CONNECTION WITH THE PROMULGATION OF SUCH RULES THE
CHAIR  MAY  CONSULT THE ACUPUNCTURE PRACTICE COMMITTEE AND MAY TAKE INTO
CONSIDERATION THE VIEW OF OTHER INTERESTED PARTIES.
  10. THE CHAIR SHALL APPOINT FOR AND WITH JURISDICTION  IN  THE  ENTIRE
STATE  OF  NEW  YORK A SINGLE ACUPUNCTURE PRACTICE COMMITTEE COMPOSED OF
TWO LICENSED ACUPUNCTURISTS, AND ONE  DULY  LICENSED  PHYSICIAN  OF  THE
STATE  OF  NEW YORK. EACH MEMBER OF SUCH COMMITTEE SHALL RECEIVE COMPEN-
SATION EITHER ON AN ANNUAL BASIS OR ON A PER DIEM BASIS TO BE  FIXED  BY
THE  CHAIR  WITHIN  AMOUNTS  APPROPRIATED THEREFOR. ONE OF SUCH LICENSED
ACUPUNCTURISTS SHALL BE DESIGNATED BY THE  CHAIR  AS  A  CHAIR  OF  SUCH
ACUPUNCTURE PRACTICE COMMITTEE. NO MEMBER OF SUCH COMMITTEE SHALL RENDER
ACUPUNCTURE  SERVICES UNDER THIS SECTION NOR BE AN EMPLOYER OR ACCEPT OR
PARTICIPATE IN ANY FEE FROM ANY INSURANCE COMPANY  AUTHORIZED  TO  WRITE
WORKERS'  COMPENSATION INSURANCE IN THIS STATE OR FROM ANY SELF-INSURER,
WHETHER SUCH EMPLOYMENT OR FEE RELATES TO A WORKERS' COMPENSATION  CLAIM
OR  OTHERWISE.  THE  ATTORNEY  GENERAL,  UPON  REQUEST, SHALL ADVISE AND
ASSIST SUCH COMMITTEE.
  11. THE ACUPUNCTURE PRACTICE COMMITTEE  SHALL  INVESTIGATE,  HEAR  AND
MAKE  FINDINGS  WITH  RESPECT TO ALL CHARGES AS TO PROFESSIONAL OR OTHER
MISCONDUCT OF ANY AUTHORIZED ACUPUNCTURISTS AS PROVIDED IN THIS  SECTION
UNDER  RULES  AND  PROCEDURES  TO  BE  PRESCRIBED BY THE CHAIR AND SHALL
REPORT EVIDENCE OF SUCH MISCONDUCT, WITH THEIR FINDINGS AND  RECOMMENDA-
TIONS  WITH  RESPECT  THERETO, TO THE CHAIR.  THE FINDINGS, DECISION AND
RECOMMENDATION OF SUCH ACUPUNCTURE PRACTICE COMMITTEE SHALL BE  ADVISORY
TO  THE  CHAIR  ONLY, AND SHALL NOT BE BINDING OR CONCLUSIVE UPON HIM OR
HER. THE CHAIR SHALL REMOVE FROM THE LIST OF  ACUPUNCTURISTS  AUTHORIZED
TO  RENDER  ACUPUNCTURE  SERVICES  UNDER  THIS  CHAPTER  THE NAME OF ANY
ACUPUNCTURIST WHO HE OR SHE SHALL FIND AFTER REASONABLE INVESTIGATION IS
DISQUALIFIED BECAUSE SUCH ACUPUNCTURIST:
  (A) HAS BEEN GUILTY OF PROFESSIONAL OR OTHER MISCONDUCT OR INCOMPETEN-
CY IN CONNECTION WITH THE RENDERING OF ACUPUNCTURE SERVICES,
  (B) HAS EXCEEDED THE LIMITS OF HIS OR HER PROFESSIONAL  COMPETENCE  IN
RENDERING  ACUPUNCTURE  SERVICES UNDER THE LAW, OR HAS MADE FALSE STATE-
MENTS REGARDING QUALIFICATIONS IN THE APPLICATION FOR AUTHORIZATION,
  (C) HAS FAILED TO SUBMIT TIMELY, FULL AND TRUTHFUL ACUPUNCTURE  EVALU-
ATION AND TREATMENT REPORTS OF ALL FINDINGS TO THE EMPLOYER AND DIRECTLY
TO  THE  CHAIR  OF  THE  BOARD  WITHIN  THE TIME LIMITS PROVIDED IN THIS
SECTION,
  (D) HAS RENDERED ACUPUNCTURE SERVICES UNDER THIS  CHAPTER  FOR  A  FEE
LESS THAN THAT FIXED IN THE FEE SCHEDULE,
  (E)  HAS  SOLICITED  OR HAS EMPLOYED ANOTHER TO SOLICIT FOR HIMSELF OR
HERSELF OR FOR ANOTHER PROFESSIONAL TREATMENT, EXAMINATION OR CARE OF AN
INJURED EMPLOYEE WITH ANY CLAIM UNDER THIS CHAPTER,
  (F) HAS REFUSED TO APPEAR BEFORE OR ANSWER UPON REQUEST OF THE  CHAIR,
BOARD,  ACUPUNCTURE PRACTICE COMMITTEE OR ANY DULY AUTHORIZED OFFICER OF
THE STATE, ANY LEGAL QUESTION OR PRODUCE  ANY  RELEVANT  BOOK  OR  PAPER
CONCERNING CONDUCT UNDER AN AUTHORIZATION GRANTED UNDER LAW, OR
  (G)  HAS DIRECTLY OR INDIRECTLY REQUESTED, RECEIVED OR PARTICIPATED IN
THE DIVISION, TRANSFERENCE, ASSIGNMENT, REBATING, SPLITTING OR REFUNDING
OF A FEE FOR, OR HAS DIRECTLY OR INDIRECTLY REQUESTED, RECEIVED OR PROF-
ITED BY MEANS OF A CREDIT  OR  OTHERWISE  VALUABLE  CONSIDERATION  AS  A

A. 2462--A                          5

COMMISSION,  DISCOUNT  OR GRATUITY IN CONNECTION WITH THE TREATMENT OF A
WORKERS' COMPENSATION CLAIMANT.
  12. ANY PERSON WHO VIOLATES OR ATTEMPTS TO VIOLATE, AND ANY PERSON WHO
AIDS  ANOTHER TO VIOLATE OR ATTEMPTS TO INDUCE HIM OR HER TO VIOLATE THE
PROVISIONS OF PARAGRAPH (G) OF SUBDIVISION ELEVEN OF THIS SECTION  SHALL
BE GUILTY OF A MISDEMEANOR.
  13.  NOTHING  IN  THIS  SECTION  SHALL BE CONSTRUED AS LIMITING IN ANY
RESPECT THE POWER OR DUTY OF  THE  CHAIR  TO  INVESTIGATE  INSTANCES  OF
MISCONDUCT,  EITHER  BEFORE  OR  AFTER  INVESTIGATION BY THE ACUPUNCTURE
PRACTICE COMMITTEE, OR TO TEMPORARILY SUSPEND THE AUTHORIZATION  OF  ANY
ACUPUNCTURIST  BELIEVED  TO BE GUILTY OF SUCH MISCONDUCT. THE PROVISIONS
OF SUBDIVISION ONE OF SECTION THIRTEEN-D OF THIS ARTICLE WHICH  ARE  NOT
INCONSISTENT  WITH THE PROVISIONS OF THIS SECTION SHALL BE APPLICABLE AS
IF FULLY SET FORTH IN THIS SECTION.
  14. NOTHING CONTAINED IN THIS SECTION  SHALL  PROHIBIT  ACUPUNCTURISTS
WHO  PRACTICE  AS  PARTNERS,  IN GROUPS OR AS A PROFESSIONAL CORPORATION
FROM POOLING FEES  AND  MONEYS  RECEIVED,  EITHER  BY  THE  PARTNERSHIP,
PROFESSIONAL  CORPORATION OR GROUP OR BY THE INDIVIDUAL MEMBERS THEREOF,
FOR PROFESSIONAL  SERVICES  FURNISHED  BY  ANY  INDIVIDUAL  PROFESSIONAL
MEMBER, OR EMPLOYEE OF SUCH PARTNERSHIP, CORPORATION OR GROUP, NOR SHALL
THE PROFESSIONALS CONSTITUTING THE PARTNERSHIPS, CORPORATIONS, OR GROUPS
BE PROHIBITED FROM SHARING, DIVIDING OR APPORTIONING THE FEES AND MONEYS
RECEIVED  BY THEM OR BY THE PARTNERSHIP, CORPORATION OR GROUP IN ACCORD-
ANCE WITH A PARTNERSHIP OR OTHER AGREEMENT.
  S 2. Subdivision 1 of section 8213 of the education law, as  added  by
chapter 772 of the laws of 1990, is amended to read as follows:
  (1)  There  is  hereby established within the department a state board
for acupuncture. The board shall consist of not less than eleven members
to 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  [chapter]
TITLE, four of whom shall be licensed acupuncturists, four of whom shall
be  licensed  physicians  certified to use acupuncture and three of whom
shall be public members representing the consumer and community. Of  the
acupuncturists  first  appointed  to  the board, one may be a registered
specialist's assistant-acupuncture provided that the term of such regis-
tered specialist's assistant-acupuncture shall not  be  more  than  four
years.  Of  the  members first appointed, three shall be appointed for a
one year term, three shall be appointed for a two year  term  and  three
shall be appointed for a three year term, and two shall be appointed for
a  four  year  term.  Thereafter  all  members shall serve for five year
terms. In the event that more  than  eleven  members  are  appointed,  a
majority of the additional members shall be licensed acupuncturists. The
members of the board shall select one of themselves as [chairman] CHAIR-
PERSON to serve for a one year term.
  S  3.  The second undesignated paragraph of subdivision 2 of section 2
of the workers' compensation law, as amended by chapter 113 of the  laws
of 1946, is amended to read as follows:
  "Chairman"  OR  "CHAIR" means the [chairman] CHAIRPERSON of the [work-
men's] WORKERS' compensation board of the state of New York;
  S 4. This act shall take effect immediately.