Bill Text: NY A02965 | 2015-2016 | General Assembly | Introduced

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Bill Title: Provides for the licensing and regulation of the practice of neurofeedback therapy; defines practice of neurofeedback therapy; establishes state board of neurofeedback therapy and the requirements to qualify for a license as a neurofeedback therapist.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2016-01-06 - referred to higher education [A02965 Detail]

Download: New_York-2015-A02965-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         2965
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 20, 2015
                                      ___________
       Introduced by M. of A. PRETLOW -- Multi-Sponsored by -- M. of A. CROUCH,
         MAGEE -- read once and referred to the Committee on Higher Education
       AN ACT to amend the education law, in relation to the practice of neuro-
         feedback therapy
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. The education law is amended by adding a new article  139-A
    2  to read as follows:
    3                                ARTICLE 139-A
    4                       NEUROFEEDBACK THERAPY PRACTICES
    5  SECTION 6920. DEFINITION OF PRACTICE OF NEUROFEEDBACK THERAPY.
    6          6921. AUTHORIZED PRACTICE.
    7          6922. STATE BOARD OF NEUROFEEDBACK THERAPY.
    8          6923. REQUIREMENTS FOR A LICENSE.
    9          6924. LIMITED PERMITS.
   10          6925. EXEMPT PERSONS.
   11          6926. SPECIAL PROVISIONS.
   12          6927. PRACTICE RESTRICTIONS.
   13    S  6920. DEFINITION OF PRACTICE OF NEUROFEEDBACK THERAPY. THE PRACTICE
   14  OF NEUROFEEDBACK THERAPY IS THE USE OF SENSITIVE INSTRUMENTS TO  MEASURE
   15  ELECTROPHYSIOLOGICAL  PROCESSES WITH THE PURPOSE OF REPORTING RESULTS TO
   16  THE PERSON BEING MEASURED TO ASSIST SUCH  PERSON  IN  CONTROLLING  THESE
   17  PROCESSES.  THIS  CAN BE A WAY TO LEARN STRESS MANAGEMENT AND RELAXATION
   18  TO PREVENT STRESS RELATED DISORDERS, OR TO REDUCE OR ELIMINATE THE SYMP-
   19  TOMS OF MANY SYNDROMES. IN ADDITION TO TEACHING SELF-REGULATION  BY  THE
   20  USE  OF  SUCH  INSTRUMENTS,  OTHER  METHODS  PROMOTING HEALTH AND COPING
   21  SKILLS TAUGHT BY THE NEUROFEEDBACK THERAPIST INCLUDE, BUT ARE NOT LIMIT-
   22  ED TO, DIAPHRAGMATIC BREATHING, PROGRESSIVE RELAXATION, AUTOGENIC TRAIN-
   23  ING, IMAGERY, PSYCHOPHYSIOLOGICAL THERAPY AND COGNITIVE RESTRUCTURING.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD03474-01-5
       A. 2965                             2
    1    S 6921. AUTHORIZED PRACTICE. ONLY  A  PERSON  LICENSED  OR  AUTHORIZED
    2  PURSUANT  TO  THIS ARTICLE TO PRACTICE NEUROFEEDBACK SHALL USE THE TITLE
    3  "NEUROFEEDBACK THERAPIST".
    4    S  6922.  STATE  BOARD OF NEUROFEEDBACK THERAPY. 1. THE STATE BOARD OF
    5  NEUROFEEDBACK THERAPY SHALL BE APPOINTED BY  THE  BOARD  OF  REGENTS  ON
    6  RECOMMENDATION  OF  THE  COMMISSIONER  FOR  THE PURPOSE OF ASSISTING THE
    7  BOARD OF REGENTS ON MATTERS OF LICENSING AND CONDUCT. THE STATE BOARD OF
    8  NEUROFEEDBACK THERAPY  SHALL  BE  COMPOSED  OF  SEVEN  MEMBERS.  INITIAL
    9  APPOINTMENTS  TO  THE STATE BOARD OF NEUROFEEDBACK THERAPY SHALL BE SUCH
   10  THAT THE TERMS SHALL BE STAGGERED. NO MEMBER SHALL SERVE MORE  THAN  TWO
   11  TERMS.
   12    2. SIX MEMBERS SO APPOINTED SHALL BE PERSONS LICENSED OR EXEMPT PURSU-
   13  ANT  TO THIS ARTICLE, AND ONE MEMBER SO APPOINTED SHALL BE AN INDIVIDUAL
   14  LICENSED IN THIS STATE AS A PHYSICIAN WHO IS PRACTICING.
   15    S 6923. REQUIREMENTS FOR A LICENSE. 1.  TO QUALIFY FOR A LICENSE AS  A
   16  NEUROFEEDBACK   THERAPIST  AN  APPLICANT  SHALL  FULFILL  THE  FOLLOWING
   17  REQUIREMENTS:
   18    A. APPLICATION: FILE AN APPLICATION WITH THE DEPARTMENT.
   19    B. EDUCATION: HAVE AT LEAST  A  MASTER'S  DEGREE  FROM  AN  ACCREDITED
   20  INSTITUTION  OF  HIGHER  LEARNING  IN EDUCATION OR A HEALTH CARE RELATED
   21  FIELD SATISFACTORY TO THE BOARD OF REGENTS, PLUS AT LEAST FIFTY HOURS OF
   22  DIDACTIC NEUROFEEDBACK EDUCATION.
   23    C. TRAINING AND SUPERVISION: HAVE AT LEAST ONE HUNDRED HOURS OF  CLIN-
   24  ICAL  EXPERIENCE  IN  THE  PRACTICE  OF  NEUROFEEDBACK THERAPY UNDER THE
   25  SUPERVISION OF A PERSON WHO, BECAUSE OF EDUCATION AND  EXPERIENCE  WOULD
   26  BE ELIGIBLE FOR LICENSURE OR IS LICENSED AS A NEUROFEEDBACK THERAPIST.
   27    D.  EXAMINATION: PASS A WRITTEN AND PRACTICAL EXAMINATION SATISFACTORY
   28  TO THE BOARD OF REGENTS.
   29    E. AGE: BE AT LEAST TWENTY-ONE YEARS OF AGE.
   30    F. CHARACTER: BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE BOARD OF
   31  REGENTS.
   32    G. FEES: PAY A FEE OF TWO HUNDRED FIFTY DOLLARS TO THE DEPARTMENT  FOR
   33  AN INITIAL LICENSE, AND AN ANNUAL FEE OF FIFTY DOLLARS THEREAFTER.
   34    2.  AN APPLICANT WHO HAS SATISFIED THE REQUIREMENTS OF SUBDIVISION ONE
   35  OF  THIS  SECTION, OTHER THAN EDUCATION, MAY BE LICENSED AS A NEUROFEED-
   36  BACK TECHNICIAN UPON OBTAINING A BACHELOR'S DEGREE  FROM  AN  ACCREDITED
   37  INSTITUTION  OF  HIGHER  LEARNING  IN  EDUCATION,  A HEALTH CARE RELATED
   38  FIELD, OR HOLD CERTIFICATION FROM A NATIONALLY RECOGNIZED BODY SATISFAC-
   39  TORY TO THE BOARD OF REGENTS. SUCH TECHNICIAN WOULD BE REQUIRED TO PRAC-
   40  TICE UNDER THE DIRECTION OF A LICENSED NEUROFEEDBACK THERAPIST.
   41    S 6924. LIMITED PERMITS. THE DEPARTMENT MAY ISSUE A LIMITED PERMIT  TO
   42  AN  APPLICANT WHO MEETS ALL REQUIREMENTS FOR LICENSURE. THE FEE FOR EACH
   43  LIMITED PERMIT AND EACH RENEWAL SHALL BE SEVENTY DOLLARS.
   44    S 6925. EXEMPT PERSONS. NOTHING CONTAINED IN  THIS  ARTICLE  SHALL  BE
   45  CONSTRUED TO PROHIBIT THE PRACTICE OF NEUROFEEDBACK THERAPY BY QUALIFIED
   46  HEALTH  CARE  PROFESSIONALS  LICENSED  IN  THIS STATE, OR BY STUDENTS OR
   47  INTERNS IN HEALTH CARE EDUCATIONAL PROGRAMS. NOTHING CONTAINED  IN  THIS
   48  ARTICLE  SHALL  BE  CONSTRUED  TO PROHIBIT THE PRACTICE OF NEUROFEEDBACK
   49  THERAPY BY QUALIFIED PARA-PROFESSIONALS WHO ARE SUPERVISED  BY  LICENSED
   50  HEALTH CARE PROFESSIONALS QUALIFIED TO PRACTICE NEUROFEEDBACK THERAPY.
   51    S 6926. SPECIAL PROVISIONS. ANY PERSON PRACTICING NEUROFEEDBACK THERA-
   52  PY  ON  THE  EFFECTIVE DATE OF THIS ARTICLE, NOT OTHERWISE EXEMPT, SHALL
   53  APPLY FOR A LICENSE AS A NEUROFEEDBACK THERAPIST WITHIN ONE YEAR OF SUCH
   54  DATE.  PENDING LICENSURE, SUCH PERSON SHALL BE ELIGIBLE  FOR  A  LIMITED
   55  PERMIT  AS  PROVIDED  IN  SECTION SIXTY-NINE HUNDRED TWENTY-FOUR OF THIS
   56  ARTICLE. ANY PERSON WHO MEETS THE APPROPRIATE REQUIREMENTS AND  HAS BEEN
       A. 2965                             3
    1  CERTIFIED BY A NATIONAL CERTIFYING BODY HAVING STANDARDS  ACCEPTABLE  TO
    2  THE BOARD OF REGENTS SHALL BE GRANTED A LICENSE.
    3    S 6927. PRACTICE RESTRICTIONS. NOTHING CONTAINED IN THIS ARTICLE SHALL
    4  BE  CONSTRUED TO CONFER THE AUTHORITY TO PRACTICE MEDICINE BY NEUROFEED-
    5  BACK THERAPISTS.
    6    S 2. This act shall take effect on the one hundred eightieth day after
    7  it shall have become a law.