Bill Text: NY A04020 | 2017-2018 | 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: Slight Partisan Bill (Democrat 2-1)

Status: (Introduced - Dead) 2018-01-03 - referred to higher education [A04020 Detail]

Download: New_York-2017-A04020-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          4020
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                    January 30, 2017
                                       ___________
        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    §  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.
                                                                   LBD08690-01-7
        A. 4020                             2
     1    § 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    §  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    § 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    § 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    § 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    § 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. 4020                             3
     1  certified by a national certifying body having standards  acceptable  to
     2  the board of regents shall be granted a license.
     3    § 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    § 2. This act shall take effect on the one hundred eightieth day after
     7  it shall have become a law.