1999 NY S 9268

In bill text, brackets have special meaning:
[A> <A] contains added text, and
[D> <D] contains deleted text.

New York 223rd Annual Legislative Session

1999 NY S 9268 - (SAME AS SB 6273)
Introduced
01/10/2000     Introduced and Referred to the Assembly
                     Commitee on Education on 1/10/00
Cahill

STATE OF NEW YORK
SENATE - ASSEMBLY

January 10, 2000

IN SENATE -- Introduced by Sen. PADAVAN -- read twice and ordered printed ,
and when printed to be committed to the Committee on Higher Education

IN ASSEMBLY -- Introduced by M. of A. CAHILL -- read once and referred to the Committee on Higher Education
AN ACT to amend the education law, in relation to the practice of acupuncture and to repeal certain provisions of the education law relating thereto
     THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

    Section 1. Section 8211 of the education law is REPEALED and a new section 8211 is added to read as follows:

[A> Section 8211. DEFINITIONS. AS USED IN THIS ARTICLE THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS: <A]

[A>(1)(A) "ORIENTAL MEDICINE" MEANS THE DISTINCT SYSTEM OF PRIMARY HEALTH CARE THAT USES ALL TECHNIQUES AND THERAPIES OF ORIENTAL MEDICINE, BOTH TRADITIONAL AND MODERN, FOR THE PREVENTION OR CORRECTION OF DISEASE, ILLNESS, INJURY, PAIN OR OTHER CONDITIONS BY CONTROLLING AND REGULATING THE FLOW AND BALANCE OF ENERGY AND FUNCTIONING OF THE PATIENT TO RESTORE AND MAINTAIN HEALTH. <A]

[A> (B) "ACUPUNCTURE" MEANS THE INSERTION, MANIPULATION, AND REMOVAL OF SOLID FILIFORM NEEDLES FROM THE BODY, AND THE USE OF OTHER MODALITIES AND PROCEDURES AT SPECIFIC LOCATIONS ON THE BODY, FOR THE PREVENTION OR CORRECTION OF ANY DISEASE, ILLNESS, INJURY, PAIN, OR OTHER CONDITION BY CONTROLLING AND REGULATING THE FLOW AND BALANCE OF ENERGY AND FUNCTIONING OF THE PATIENT TO RESTORE AND MAINTAIN HEALTH. <A]

[A> (C) "PROFESSION OF ACUPUNCTURE" MEANS THE PREVENTION OR TREATMENT OF DISEASE OR PAIN BY MEANS OF CONTROLLING AND REGULATING THE FLOW AND BALANCE OF ENERGY IN THE BODY SO AS TO RESTORE THE BODY TO ITS PROPER FUNCTIONING AND STATE OF HEALTH, SUCH MEANS TO INCLUDE ACUPUNCTURE, HERBAL REMEDIES AND THE USE OF ALL ALLIED TECHNIQUES AND ADJUNCTIVE THERAPIES OF ORIENTAL MEDICINE. <A]

[A> (2) "DOCTOR OF ORIENTAL MEDICINE" MEANS A PERSON LICENSED UNDER THIS ARTICLE TO PRACTICE ACUPUNCTURE AND INCLUDES THE TERMS ORIENTAL MEDICAL DOCTOR, ORIENTAL MEDICINE PHYSICIAN, DOCTOR OF ACUPUNCTURE, ACUPUNCTURE PHYSICIAN, AND ACUPUNCTURIST. <A]

[A> (3) "BOARD" IS THE STATE BOARD FOR ACUPUNCTURE AS CREATED BY SECTION EIGHTY-TWO HUNDRED THIRTEEN OF THIS ARTICLE. <A]

   Section 2. Section 8212 of the education law is REPEALED and a new section 8212 is added as follows:

[A> Section 8212. PRACTICE OF ACUPUNCTURE AND USE OF THE TITLES "LICENSED ACUPUNCTURIST," "DOCTOR OF ORIENTAL MEDICINE," OR "CERTIFIED ACUPUNCTURIST" .
(1) ONLY A PERSON LICENSED OR AUTHORIZED PURSUANT TO SECTION EIGHTY-TWO HUNDRED FOURTEEN OF THIS ARTICLE OR CERTIFIED PURSUANT TO SECTION EIGHTY-TWO HUNDRED SIXTEEN OF THIS ARTICLE SHALL PRACTICE ACUPUNCTURE. <A]

[A> (2) ONLY A PERSON LICENSED TO PRACTICE ACUPUNCTURE SHALL USE THE TITLES "LICENSED ACUPUNCTURIST" AND "DOCTOR OF ORIENTAL MEDICINE" AND ONLY A PERSON CERTIFIED TO PRACTICE ACUPUNCTURE SHALL USE THE TITLE "CERTIFIED ACUPUNCTURIST".<A]

[A> (3) EACH ACUPUNCTURIST LICENSED PURSUANT TO THIS ARTICLE SHALL ADVISE EACH PATIENT AS TO THE IMPORTANCE OF CONSULTING WITH A LICENSED PHYSICIAN REGARDING THE PATIENT`S CONDITION AND SHALL KEEP ON FILE WITH THE PATIENT`S RECORDS A FORM ATTESTING TO THE PATIENT`S NOTICE OF SUCH ADVICE. SUCH FORM, THE NATURE OF WHICH SHALL BE PROMULGATED BY THE STATE BOARD FOR ACUPUNCTURE, SHALL BE IN DUPLICATE, SIGNED AND DATED BY BOTH THE ACUPUNCTURIST AND THE PATIENT, ONE COPY TO BE RETAINED BY THE PATIENT. <A]

    Section 3. This act shall take effect on the sixtieth day after it shall have become a law.