S2954-2013 Actions

• Jan 25, 2013: REFERRED TO HIGHER EDUCATION

S2954-2013 Memo

BILL NUMBER:S2954

TITLE  OF  BILL:   An act to amend the education law, in relation to the
licensing and regulation of the profession of reflexology

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  licens-
ing he 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  1.  Describes  how the State 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,E,  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  � 7555, 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 � 7556, describes limited permits that are for a period of  time
not to exceed 12 months or until the next examination.

Section � 7557, special provisions, Notwithstanding the requirements, an
individual currently engaging in the practice of Reflexology may contin-
ue to practice after the effective date by meeting certain criteria.

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 end could have wide-ranging and cost-effective benefits in
health care, from special care baby units through to care of the  elder-
ly.  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  contrain-
dications  are  known  and that it is only 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 stimu-
lated and work to revitalize and harmonize the  functions  of  the  body
therapy effecting a physiological change. This bill recognizes Reflexol-
ogy  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 Assem-
bly Higher Education 2011-12 A.2099 (Latimer) Referred to Assembly High-
er Education 2011-12 S.7273 (LIBOUS) REFERRED TO HIGHER EDUCATION

FISCAL  IMPLICATIONS:  Monies  collected  from  licensing would generate
additional revenue for the state.

LOCAL FISCAL IMPLICATIONS: None

EFFECTIVE DATE The sixtieth day after is shall have become law.

S2954-2013 Text

                      S T A T E   O F   N E W   Y O R K
  ________________________________________________________________________

                                    2954

                         2013-2014 Regular Sessions

                              I N  SENATE

                              January 25, 2013
                                 ___________

  Introduced  by  Sen. LATIMER -- 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  licensing  and
    regulation of the profession of reflexology

    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"  MEANS  THE STATE BOARD FOR REFLEXOLOGY 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.
    3. "REFLEXOLOGY" MEANS THE SYSTEMATIC APPLICATION OF ALTERNATING PRES-
  SURE  BY THE USE OF A PRACTITIONER'S HANDS, THUMBS AND FINGERS TO REFLEX
  POINTS ON AN INDIVIDUAL'S HANDS, FEET, FACE OR EARS,  USING  ALTERNATING

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD04144-03-3

 S. 2954                             2

  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,  LIMITED  LIABILITY  COMPANY  OR
  CORPORATION  SHALL  DESCRIBE  ITS SERVICES IN ANY MANNER UNDER THE TITLE
  "REFLEXOLOGY" UNLESS SUCH SERVICES 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 ESTABLISHED AND APPOINTED BY THE BOARD OF REGENTS ON THE RECOM-
  MENDATION  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 REFLEXOLOGY FOR AT LEAST THREE YEARS, TWO OF WHOM SHALL
  BE PHYSICIANS OR NURSES LICENSED IN THIS STATE AND ONE WHO  SHALL  BE  A
  PUBLIC  MEMBER  REPRESENTING  CONSUMERS  AND THE 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
  BOARD,  SHALL  PROMULGATE SUCH RULES AND REGULATIONS AS THEY DEEM NECES-
  SARY 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  A
  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 THIS STATE 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  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,

 S. 2954                             3

  PODIATRY OR MASSAGE THERAPY IN ACCORDANCE WITH THE  PROVISIONS  OF  THIS
  TITLE.
    2.  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 COSMETOLOGIST.
    3.  THE  PRACTICE  OF  REFLEXOLOGY BY ANY PERSON EMPLOYED IN A 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 PURSUANT
  TO SUBDIVISION 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  SEVENTY-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 PURSUANT TO
  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  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, WHEN AN INDIVIDUAL FULFILLS ALL EXCEPT  THE  CERTIFICATION
  AND APPLICATION REQUIREMENTS OF SECTION SEVENTY-EIGHT HUNDRED FIFTY-FOUR
  OF  THIS  ARTICLE.  SUCH INDIVIDUAL SHALL HAVE EIGHTEEN MONTHS TO ATTAIN
  SUCH CERTIFICATION FROM THE AMERICAN REFLEXOLOGY CERTIFICATION BOARD AND
  APPLY FOR A LICENSE TO PRACTICE REFLEXOLOGY.
    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 AMERICAN REFLEXOLOGY CERTIFICATION BOARD
  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 ARTI-
  CLE.
    S 2. The department of education shall transmit  to  the  state  comp-
  troller for deposit in the special revenues account of the department 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 on the sixtieth  day  after  it  shall
  have become a law.