Relates to the licensing of acupuncturists and the practice of the profession of acupuncture

Summary of provisions

Section 1 of the bill amends paragraph (a) of subdivision (1) of section 8211 of the education law to include the recommendation of diet, herbs, and natural products, and their preparation in accordance with traditional and modem East Asian or Oriental (Chinese, Korean or Japanese) medical theory within the definition of the profession of acupuncture.

Section 2 of the bill amends subdivision (1) of section 8213 of the education law to alter the composition of the state board for acupuncture to provide for an additional two acupuncturist members and reduce the number of required physician members by one

Section 3 of the bill amends section 8214 of the education law to require that any acupuncturist whose practice is to include the newly authorized recommendation of the custom-made remedies must submit evidence of successful passage of an approved herbal exam module.

Section 4 of the bill adds a new subdivision (8) to section 8218 of the education law to make a limited exception to the state's licensing requirement for acupuncturists to any person who is an acupuncturist licensed to practice acupuncture in another state or country if he or she is conducting a teaching clinical demonstration 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.

Section 5 of the bill adds a new section 8217 to the education law which will require acupuncturists to complete a mandatory continuing education program consisting of thirty-six hours of documented study during the course of each triennial licensing period.

Section 6 and 7 of the bill amend paragraph a of subdivision 3 of section 6507 of the education law and subdivision 1 of section 413 of the social services law to add acupuncturists to the list of

statutorily required reporters of suspected child abuse and maltreatment and in connection therewith it requires acupuncturists to undertake at least two hours of licensure required coursework or training regarding the identification and reporting of child abuse and maltreatment. This training imposition is consistent with other provisions of law relating to now current mandatory reporters who also practice one of the other medically related professions.

Section 8 is the effective date of the bill.

Justification

The purpose of the bill is multi-faceted. It attempts to advance the profession of acupuncture and bring the permissible practices and protocols associated with the profession up to standards more appropriate to the needs of current patients. Please note: This law is not intended to permit the compounding of prescription drugs and controlled substances, nor to permit any activities contrary to FDA regulations.

By redefining the practice to include the recommendation of herbs, natural products, and diet in accordance with traditional and modem East Asian or Oriental (Chinese, Korean or Japanese) medical theory, the public will be more capably served. Given the nuances of such expansion, it is appropriate to alter the composition of the state board of acupuncture which oversees the licensing process, to require an additional certification process for the newly permissible authorization, and consistent with the same, require all acupuncturists to engage in a program of continuing education to keep themselves current with professional standards and public expectations. Including acupuncturists within the mandatory reporters in suspected child abuse and maltreatment also is a leap forward that will benefit the public.

Legislative history

2007-2008: A.10143

Fiscal implications

None to the state.

Effective date

October 1, 2011; 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.