A8816-2011 Actions

• Jan 4, 2012: referred to higher education

A8816-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         8816
 I N  ASSEMBLY
 (PREFILED)
 January 4, 2012
 
 Introduced  by  M.  of  A.  GOTTFRIED,  COOK, ENGLEBRIGHT, CLARK, GALEF,
 COLTON, MAGNARELLI -- Multi-Sponsored by -- M. of  A.  CAHILL,  MAGEE,
 McENENY -- read once and referred to the Committee on Higher Education
 AN  ACT  to  amend  the  education  law  and the social services law, in
 relation to the licensing of acupuncturists and the  practice  of  the
 profession of acupuncture, and establishing acupuncturists as mandato
 ry reporters of suspected cases of child abuse and maltreatment
 

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

 

Section 1. Paragraph (a) of subdivision  1  of  section  8211  of  the
 education  law,  as added by chapter 772 of the laws of 1990, is amended
 to read as follows:

 (a) "Profession of acupuncture" is the treating, by means  of  mechan
 ical,  thermal  or  electrical  stimulation effected by the insertion of
 needles or by the application of heat,  pressure  or  electrical  stimu
 lation  at  a  point or combination of points on the surface of the body
 predetermined on the basis of the theory of the  physiological  interre
 lationship  of  body  organs  with an associated point or combination of
 points for diseases, disorders and dysfunctions  of  the  body  for  the
 purpose  of  achieving a therapeutic or prophylactic effect. THE PROFES
 SION OF ACUPUNCTURE INCLUDES RECOMMENDATION OF TRADITIONAL REMEDIES  AND
 SUPPLEMENTS  INCLUDING,  BUT NOT LIMITED TO, THE RECOMMENDATION OF DIET,
 HERBS AND NATURAL PRODUCTS, AND THEIR  PREPARATION  IN  ACCORDANCE  WITH
 TRADITIONAL  AND  MODERN  PRACTICES  OF  MODERN  EAST  ASIAN OR ORIENTAL
 (CHINESE, KOREAN OR JAPANESE) MEDICAL THEORY.  ANY  ACUPUNCTURIST  WHOSE
 PRACTICE  INCLUDES  THE RECOMMENDATION OF CUSTOM-MADE REMEDIES OR HERBAL
 FORMULATIONS  SHALL  BE  SUBJECT  TO  THE  REQUIREMENT  IMPOSED  BY  THE
 PROVISIONS OF SUBDIVISION EIGHT-A OF SECTION EIGHTY-TWO HUNDRED FOURTEEN
 OF THIS ARTICLE.
 

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)(A) There is hereby established within the department a state board
 for acupuncture. [The] ON AND BEFORE SEPTEMBER THIRTIETH,  TWO  THOUSAND
 THIRTEEN,  THE board shall consist of not less than eleven members to be
 appointed by the board of regents on the recommendation of  the  commis
 sioner for the purpose of assisting the board of regents and the depart
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD13551-01-1
 
       A. 8816                             2
 ment  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 to serve
 for a one year term.
 (B) ON AND AFTER OCTOBER FIRST, TWO THOUSAND THIRTEEN, THE BOARD SHALL
 CONSIST OF NOT LESS THAN TWELVE MEMBERS APPOINTED AS SPECIFIED IN  PARA
 GRAPH  (A) OF THIS SUBDIVISION, EXCEPT THAT AT LEAST SIX OF SUCH MEMBERS
 SHALL BE  LICENSED  ACUPUNCTURISTS,  THREE  OF  SUCH  MEMBERS  SHALL  BE
 LICENSED PHYSICIANS CERTIFIED TO USE ACUPUNCTURE AND THREE OF WHOM SHALL
 BE PUBLIC MEMBERS REPRESENTING THE CONSUMER AND COMMUNITY. NO MEMBER WHO
 IS  A LICENSED PHYSICIAN CERTIFIED TO USE ACUPUNCTURE AND WHO IS SERVING
 ON THE BOARD ON THE EFFECTIVE DATE OF THIS PARAGRAPH SHALL  BE  REQUIRED
 TO  VACATE  HIS  OR HER POSITION AS A MEMBER OF THE BOARD AS A RESULT OF
 THE REDUCTION IN SUCH PHYSICIAN MEMBERS FROM FOUR TO THREE AS  SPECIFIED
 IN THIS PARAGRAPH, BUT SUCH CHANGE IN COMPOSITION SHALL BE MADE UPON THE
 EXPIRATION  OF TERMS OF OFFICE, OR VACANCIES IN OFFICE, OCCURRING ON AND
 AFTER SUCH DATE.
 

S 3. Subdivision 8 of section 8214 of the education law, as  added  by
 chapter 772 of the laws of 1990, is amended and a new subdivision 8-a is
 added to read as follows:

 (8)  Registration:  if a license is granted, register triennially with
 the department, including present home and  business  address  and  such
 other pertinent information as the department requires[.]; AND
 (8-A)  SPECIAL  REQUIREMENT FOR RECOMMENDATION OF CUSTOM-MADE REMEDIES
 OR HERBAL FORMULATIONS: ON AND AFTER OCTOBER FIRST, TWO  THOUSAND  THIR
 TEEN,  AN  APPLICANT  WHOSE  PROFESSIONAL CONDUCT IN CONNECTION WITH THE
 PRACTICE OF ACUPUNCTURE SHALL INCLUDE THE RECOMMENDATION OF  CUSTOM-MADE
 REMEDIES  OR  HERBAL  FORMULATIONS  MUST  SUBMIT  EVIDENCE OF SUCCESSFUL
 PASSAGE OF THE HERBAL EXAMINATION  MODULE  OF  A  NATIONAL  PROFESSIONAL
 ORGANIZATION  IN THE FIELD OF ACUPUNCTURE RECOGNIZED FOR THIS PURPOSE BY
 THE COMMISSIONER.
 

S 4.

Section 8216 of the education law is  amended  by  adding  a  new
 subdivision 8 to read as follows:

 (8)  ANY  PERSON WHO IS AN ACUPUNCTURIST LICENSED TO PRACTICE ACUPUNC
 TURE IN ANOTHER STATE OR COUNTRY MAY PRACTICE ACUPUNCTURE IN THIS  STATE
 WITHOUT  A LICENSE IF HE OR SHE IS CONDUCTING A TEACHING CLINICAL DEMON
 STRATION IN THIS STATE IN CONNECTION WITH A PROGRAM  OF  BASIC  CLINICAL
 EDUCATION, GRADUATE EDUCATION, OR POST-GRADUATE EDUCATION IN AN APPROVED
 SCHOOL  OF  ACUPUNCTURE OR IN ITS AFFILIATED CLINICAL FACILITY OR HEALTH
 CARE AGENCY, OR BEFORE  A  GROUP  OF  LICENSED  ACUPUNCTURISTS  WHO  ARE
 MEMBERS OF A PROFESSIONAL SOCIETY.
 

S 5. The education law is amended by adding a new section 8217 to read
 as follows:

 
       A. 8816                             3
 

S  8217. MANDATORY CONTINUING EDUCATION. 1. (A) EACH LICENSED ACUPUNC
 TURIST REQUIRED UNDER ARTICLE ONE HUNDRED  THIRTY  OF  THIS  CHAPTER  TO
 REGISTER  TRIENNIALLY WITH THE DEPARTMENT TO PRACTICE IN THE STATE SHALL
 COMPLY WITH PROVISIONS OF THE MANDATORY  CONTINUING  EDUCATION  REQUIRE
 MENTS  PRESCRIBED IN SUBDIVISION TWO OF THIS SECTION EXCEPT AS SET FORTH
 IN PARAGRAPHS (B) AND (C) OF THIS SUBDIVISION. ACUPUNCTURISTS WHO DO NOT
 SATISFY THE MANDATORY CONTINUING EDUCATION REQUIREMENTS SHALL NOT  PRAC
 TICE UNTIL THEY HAVE MET SUCH REQUIREMENTS, EXCEPT THAT AN ACUPUNCTURIST
 MAY PRACTICE WITHOUT HAVING MET SUCH REQUIREMENTS IF HE OR SHE IS ISSUED
 A CONDITIONAL REGISTRATION CERTIFICATE AS SPECIFIED IN SUBDIVISION THREE
 OF THIS SECTION.
 (B)  ACUPUNCTURISTS  SHALL  BE  EXEMPT  FROM  THE MANDATORY CONTINUING
 EDUCATION REQUIREMENT FOR THE TRIENNIAL REGISTRATION PERIOD DURING WHICH
 THEY ARE FIRST LICENSED. IN ACCORD WITH  THE  INTENT  OF  THIS  SECTION,
 ADJUSTMENT  TO  THE  MANDATORY  CONTINUING  EDUCATION REQUIREMENT MAY BE
 GRANTED BY THE DEPARTMENT FOR REASONS OF HEALTH CERTIFIED BY  AN  APPRO
 PRIATE HEALTH CARE PROFESSIONAL, FOR EXTENDED ACTIVE DUTY WITH THE ARMED
 FORCES  OF  THE UNITED STATES, OR FOR OTHER GOOD CAUSE ACCEPTABLE TO THE
 DEPARTMENT WHICH MAY PREVENT COMPLIANCE.
 (C) A LICENSED ACUPUNCTURIST NOT ENGAGED IN PRACTICE AS DETERMINED  BY
 THE  DEPARTMENT, SHALL BE EXEMPT FROM THE MANDATORY CONTINUING EDUCATION
 REQUIREMENT UPON THE FILING OF A STATEMENT WITH THE DEPARTMENT DECLARING
 SUCH STATUS. ANY LICENSEE WHO RETURNS TO  THE  PRACTICE  OF  ACUPUNCTURE
 DURING  THE  TRIENNIAL  REGISTRATION  PERIOD SHALL NOTIFY THE DEPARTMENT
 PRIOR TO REENTERING THE PROFESSION AND SHALL MEET SUCH MANDATORY  EDUCA
 TION  REQUIREMENTS  AS SHALL BE PRESCRIBED BY REGULATIONS OF THE COMMIS
 SIONER.
 2. DURING EACH TRIENNIAL REGISTRATION PERIOD AN APPLICANT  FOR  REGIS
 TRATION  SHALL  COMPLETE  A  MINIMUM  OF  THIRTY-SIX HOURS OF ACCEPTABLE
 FORMAL CONTINUING EDUCATION, AS SPECIFIED IN SUBDIVISION  FOUR  OF  THIS
 SECTION,  PROVIDED  THAT  NO MORE THAN EIGHTEEN HOURS OF SUCH CONTINUING
 EDUCATION SHALL CONSIST OF SELF-STUDY COURSES. ANY  ACUPUNCTURIST  WHOSE
 FIRST  REGISTRATION  DATE  FOLLOWING  THE EFFECTIVE DATE OF THIS SECTION
 OCCURS LESS THAN THREE YEARS FROM SUCH EFFECTIVE DATE, BUT ON  OR  AFTER
 OCTOBER  FIRST,  TWO THOUSAND THIRTEEN, SHALL COMPLETE CONTINUING EDUCA
 TION HOURS ON A PRORATED BASIS AT THE RATE OF ONE HOUR PER MONTH FOR THE
 PERIOD BEGINNING OCTOBER FIRST, TWO THOUSAND THIRTEEN UP  TO  THE  FIRST
 REGISTRATION DATE THEREAFTER, BUT NO ACUPUNCTURIST SHALL IN ANY EVENT BE
 REQUIRED  TO  COMPLETE  LESS  THAN  SIX HOURS OF CONTINUING EDUCATION. A
 LICENSEE WHO  HAS  NOT  SATISFIED  THE  MANDATORY  CONTINUING  EDUCATION
 REQUIREMENTS SHALL NOT BE ISSUED A TRIENNIAL REGISTRATION CERTIFICATE BY
 THE  DEPARTMENT  AND  SHALL  NOT PRACTICE UNLESS AND UNTIL A CONDITIONAL
 REGISTRATION CERTIFICATE IS ISSUED AS PROVIDED FOR IN SUBDIVISION  THREE
 OF  THIS  SECTION. CONTINUING EDUCATION HOURS TAKEN DURING ONE TRIENNIUM
 MAY NOT BE TRANSFERRED TO A SUBSEQUENT TRIENNIUM.  THE MANDATORY CONTIN
 UING EDUCATION FEE SHALL BE THIRTY  DOLLARS,  SHALL  BE  PAYABLE  ON  OR
 BEFORE THE FIRST DAY OF EACH TRIENNIAL REGISTRATION PERIOD, AND SHALL BE
 PAID  IN  ADDITION TO THE TRIENNIAL REGISTRATION FEE REQUIRED BY SECTION
 SIXTY-SEVEN HUNDRED THIRTY-FOUR OF THIS TITLE.
 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 COMPLETE 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
 
       A. 8816                             4
 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 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) AS USED IN SUBDIVISION TWO OF THIS SECTION, "ACCEPTABLE FORMAL
 CONTINUING EDUCATION"  SHALL  MEAN  FORMAL  COURSES  OF  LEARNING  WHICH
 CONTRIBUTE  TO  PROFESSIONAL  PRACTICE IN ACUPUNCTURE AND WHICH MEET THE
 STANDARDS PRESCRIBED BY REGULATIONS OF THE COMMISSIONER. THE  DEPARTMENT
 MAY,  IN  ITS  DISCRETION  AND AS NEEDED TO CONTRIBUTE TO THE HEALTH AND
 WELFARE OF THE PUBLIC, REQUIRE THE COMPLETION  OF  CONTINUING  EDUCATION
 COURSES  IN  SPECIFIC  SUBJECTS.  TO  FULFILL  THIS MANDATORY CONTINUING
 EDUCATION REQUIREMENT, COURSES SHALL BE TAKEN FROM A SPONSOR APPROVED BY
 THE DEPARTMENT, PURSUANT TO  THE  REGULATIONS  OF  THE  COMMISSIONER  OR
 OTHERWISE QUALIFY PURSUANT TO PARAGRAPH (B) OF THIS SUBDIVISION.
 (B)  ANY  ACUPUNCTURIST  WHO  (I) IS A PROFESSOR, ASSISTANT PROFESSOR,
 ADJUNCT PROFESSOR OR INSTRUCTOR AT AN INSTITUTION  OF  HIGHER  EDUCATION
 LOCATED IN THIS STATE OR (II) IS SPONSORED BY AN APPROVED INSTITUTION OR
 ASSOCIATION  AND  WHO  SERVES AS AN INSTRUCTOR IN A COURSE OF CONTINUING
 EDUCATION WHICH IS APPROVED AS SPECIFIED IN THE STANDARDS ESTABLISHED BY
 THE COMMISSIONER, MAY RECEIVE CONTINUING EDUCATION CREDIT FOR COURSES IN
 WHICH HE OR SHE SERVES AS THE INSTRUCTOR.  FOR  EVERY  TWELVE  HOURS  OF
 IN-CLASS  INSTRUCTION,  SUCH  ACUPUNCTURIST  SHALL  RECEIVE  ONE HOUR OF
 CONTINUING EDUCATION CREDIT, UP TO A MAXIMUM OF EIGHTEEN HOURS, FOR  ANY
 TRIENNIAL  PERIOD.  EVIDENCE OF SUCH INSTRUCTION SHALL BE SUBMITTED, AND
 CREDIT APPROVED, AS SPECIFIED BY THE COMMISSIONER.
 5. ACUPUNCTURISTS SHALL MAINTAIN ADEQUATE DOCUMENTATION OF  COMPLETION
 OF  ACCEPTABLE  FORMAL  CONTINUING  EDUCATION  AND  SHALL  PROVIDE  SUCH
 DOCUMENTATION AT THE REQUEST OF THE DEPARTMENT. FAILURE TO PROVIDE  SUCH
 DOCUMENTATION  UPON  THE  REQUEST  OF  THE DEPARTMENT SHALL BE 

AN ACT OF
 MISCONDUCT SUBJECT  TO  DISCIPLINARY  PROCEEDINGS  PURSUANT  TO  SECTION
 SIXTY-FIVE HUNDRED TEN OF THIS TITLE.
 

S  6.  Paragraph  a  of subdivision 3 of section 6507 of the education
 law, as amended by chapter 356 of the laws of 2006, is amended  to  read
 as follows:

 a. Establish standards for preprofessional and professional education,
 experience and licensing examinations as required to implement the arti
 cle for each profession. Notwithstanding any other provision of law, the
 commissioner shall establish standards requiring that all persons apply
 ing,  on or after January first, nineteen hundred ninety-one, initially,
 or for the renewal of, a license, registration or limited permit to be a
 physician, chiropractor, dentist, registered nurse, podiatrist, ACUPUNC
 TURIST, optometrist, psychiatrist, psychologist, licensed master  social
 worker,  licensed  clinical social worker, licensed creative arts thera
 pist, licensed marriage and family  therapist,  licensed  mental  health
 counselor,  licensed  psychoanalyst, or dental hygienist shall, in addi
 tion to all the other licensure, certification or  permit  requirements,
 have  completed  two hours of coursework or training regarding the iden
 tification and reporting of child abuse and maltreatment. The coursework
 or training shall be obtained from an institution or provider which  has
 been  approved by the department to provide such coursework or training.
 The coursework or training shall include information regarding the phys
 ical and behavioral indicators of child abuse and maltreatment  and  the
 statutory  reporting requirements set out in sections four hundred thir
 teen through four hundred twenty of the social services  law,  including
 
       A. 8816                             5
 but  not  limited  to,  when  and  how a report must be made, what other
 actions the reporter is  mandated  or  authorized  to  take,  the  legal
 protections  afforded  reporters,  and  the  consequences for failing to
 report. Such coursework or training may also include information regard
 ing  the  physical and behavioral indicators of the abuse of individuals
 with mental retardation and other developmental disabilities and  volun
 tary  reporting  of  abused  or neglected adults to the office of mental
 retardation and developmental disabilities or the local adult protective
 services unit. Each applicant shall provide the department with documen
 tation showing that he or she has completed the required  training.  The
 department shall provide an exemption from the child abuse and maltreat
 ment  training  requirements  to  any  applicant  who  requests  such an
 exemption and who shows, to the department's  satisfaction,  that  there
 would be no need because of the nature of his or her practice for him or
 her to complete such training;
 

S  7.  Paragraph  (a)  of  subdivision  1 of section 413 of the social
 services law, as amended by chapter 91 of the laws of 2011,  is  amended
 to read as follows:

 (a)  The  following  persons  and  officials are required to report or
 cause a report to be made in accordance with this title when  they  have
 reasonable  cause  to  suspect  that a child coming before them in their
 professional or official capacity is an abused or maltreated  child,  or
 when  they have reasonable cause to suspect that a child is an abused or
 maltreated child where the parent, guardian, custodian or  other  person
 legally  responsible  for  such child comes before them in their profes
 sional or official capacity and states from  personal  knowledge  facts,
 conditions or circumstances which, if correct, would render the child an
 abused  or maltreated child: any physician; registered physician assist
 ant; surgeon; medical  examiner;  coroner;  dentist;  dental  hygienist;
 osteopath;  optometrist;  chiropractor; podiatrist; ACUPUNCTURIST; resi
 dent; intern; psychologist; registered nurse; social  worker;  emergency
 medical  technician; licensed creative arts therapist; licensed marriage
 and family therapist; licensed mental health counselor; licensed psycho
 analyst; hospital personnel engaged in the admission, examination,  care
 or  treatment of persons; a Christian Science practitioner; school offi
 cial, which includes but is not limited to school teacher, school  guid
 ance counselor, school psychologist, school social worker, school nurse,
 school administrator or other school personnel required to hold a teach
 ing  or  administrative  license or certificate; social services worker;
 director of a children's overnight camp, summer day  camp  or  traveling
 summer  day  camp, as such camps are defined in section thirteen hundred
 ninety-two of the public health law; day care center worker;  school-age
 child care worker; provider of family or group family day care; employee
 or  volunteer in a residential care facility defined in subdivision four
 of section four hundred twelve-a of this title or any other  child  care
 or foster care worker; mental health professional; substance abuse coun
 selor;  alcoholism  counselor; all persons credentialed by the office of
 alcoholism and substance abuse services; peace officer; police  officer;
 district  attorney or assistant district attorney; investigator employed
 in the office of a district attorney; or other law enforcement official.
 

S 8. This act shall take effect October 1,  2013;  provided,  however,
 that effective immediately, the state education department is authorized
 to  take  such  steps  in  advance of such effective date, including the
 addition, amendment and/or repeal of any rule or regulation  as  may  be
 necessary, to ensure the timely implementation of the provisions of this
 act on such effective date.

*By contributing or voting you agree to the Terms of Participation and Privacy Policy and verify you are over 13.

Discuss!