Bill Text: NY A05217 | 2011-2012 | General Assembly | Introduced
Bill Title: Authorizes the care and treatment of injured employees by licensed or certified acupuncturists under the workers' compensation program.
Sponsorship: Moderate Partisan Bill (Democrat 6-1)
Status: (Introduced - Dead) 2012-03-01 - print number 5217a [A05217 Detail]
Download: New_York-2011-A05217-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
5217
2011-2012 Regular Sessions
I N A S S E M B L Y
February 14, 2011
___________
Introduced by M. of A. MENG, PHEFFER, SPANO -- Multi-Sponsored by -- M.
of A. BRENNAN, COLTON, TITONE -- read once and referred to the Commit-
tee on Labor
AN ACT to amend the workers' compensation law, in relation to the care
and treatment of injured employees by licensed or certified acupunctu-
rists
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. The workers' compensation law is amended by adding a new
2 section 13-p to read as follows:
3 S 13-P. CARE AND TREATMENT OF INJURED EMPLOYEES BY LICENSED OR CERTI-
4 FIED ACUPUNCTURISTS. 1. WHERE THE TERM "ACUPUNCTURIST" IS USED IN THIS
5 SECTION, SUCH TERM SHALL MEAN A PERSON WHO IS:
6 (A) DULY LICENSED AND REGISTERED AS A LICENSED ACUPUNCTURIST PURSUANT
7 TO ARTICLE ONE HUNDRED SIXTY OF THE EDUCATION LAW; OR
8 (B) A CERTIFIED ACUPUNCTURIST PURSUANT TO SUBDIVISION THREE OF SECTION
9 EIGHTY-TWO HUNDRED SIXTEEN OF THE EDUCATION LAW.
10 2. (A) AN INJURED EMPLOYEE, INJURED UNDER CIRCUMSTANCES WHICH MAKE
11 SUCH AN INJURY COMPENSABLE UNDER THIS ARTICLE, MAY LAWFULLY BE TREATED,
12 UPON THE REFERRAL OF AN AUTHORIZED PHYSICIAN, BY AN ACUPUNCTURIST
13 AUTHORIZED BY THE CHAIR TO RENDER ACUPUNCTURE CARE PURSUANT TO THIS
14 SECTION. SUCH SERVICES SHALL BE WITHIN THE SCOPE OF THE PROFESSION OF
15 ACUPUNCTURE AS DEFINED IN SUBDIVISION ONE OF SECTION EIGHTY-TWO HUNDRED
16 ELEVEN OF THE EDUCATION LAW.
17 (B) MEDICAL BUREAUS, MEDICAL CENTERS JOINTLY OPERATED BY LABOR AND
18 MANAGEMENT REPRESENTATIVES, HOSPITALS AND HEALTH MAINTENANCE ORGANIZA-
19 TIONS, AUTHORIZED TO PROVIDE MEDICAL CARE PURSUANT TO SECTION THIRTEEN-C
20 OF THIS ARTICLE, MAY PROVIDE ACUPUNCTURE SERVICES WHEN REQUIRED, UPON
21 THE REFERRAL OF AN AUTHORIZED PHYSICIAN, PROVIDED SUCH CARE IS RENDERED
22 BY AN ACUPUNCTURIST AS REQUIRED BY THIS SECTION.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05535-01-1
A. 5217 2
1 (C) AN ACUPUNCTURIST RENDERING SERVICE PURSUANT TO THIS SECTION SHALL
2 MAINTAIN RECORDS OF THE PATIENT'S CONDITION AND ACUPUNCTURE TREATMENT,
3 AND SUCH RECORDS OR REPORTS SHALL BE SUBMITTED TO THE CHAIR ON SUCH
4 FORMS AND AT SUCH TIMES AS THE CHAIR MAY REQUIRE.
5 3. (A) AN ACUPUNCTURIST WHO IS DESIROUS OF BEING AUTHORIZED TO RENDER
6 ACUPUNCTURE SERVICES UNDER THIS SECTION SHALL FILE AN APPLICATION FOR
7 AUTHORIZATION UNDER THIS SECTION WITH THE ACUPUNCTURE PRACTICE COMMIT-
8 TEE. THE APPLICANT SHALL AGREE TO REFRAIN FROM SUBSEQUENTLY TREATING FOR
9 REMUNERATION, AS A PRIVATE PATIENT, ANY PERSON SEEKING ACUPUNCTURE
10 SERVICES, IN CONNECTION WITH, OR AS A RESULT OF, ANY INJURY COMPENSABLE
11 UNDER THIS CHAPTER, IF HE OR SHE HAS BEEN REMOVED FROM THE LIST OF
12 ACUPUNCTURISTS AUTHORIZED TO RENDER SERVICES UNDER THIS CHAPTER. THIS
13 AGREEMENT SHALL RUN TO THE BENEFIT OF THE INJURED PERSON SO TREATED, AND
14 SHALL BE AVAILABLE AS A DEFENSE IN ANY ACTION BY SUCH ACUPUNCTURIST FOR
15 PAYMENT FOR TREATMENT RENDERED BY SUCH ACUPUNCTURIST AFTER BEING REMOVED
16 FROM THE LIST OF ACUPUNCTURISTS AUTHORIZED TO RENDER ACUPUNCTURE
17 SERVICES UNDER THIS SECTION. THE ACUPUNCTURE PRACTICE COMMITTEE IF IT
18 DEEMS SUCH ACUPUNCTURIST DULY QUALIFIED SHALL RECOMMEND TO THE CHAIR
19 THAT SUCH PERSON BE AUTHORIZED TO RENDER ACUPUNCTURE SERVICES UNDER THIS
20 SECTION. SUCH RECOMMENDATIONS SHALL BE ONLY ADVISORY TO THE CHAIR AND
21 SHALL NOT BE BINDING OR CONCLUSIVE.
22 (B) THE CHAIR SHALL PREPARE AND ESTABLISH A SCHEDULE FOR THE STATE OR
23 SCHEDULES LIMITED TO DEFINED LOCALITIES OF CHARGES AND FEES FOR ACUPUNC-
24 TURE TREATMENT AND CARE, TO BE DETERMINED IN ACCORDANCE WITH AND BE
25 SUBJECT TO CHANGE PURSUANT TO RULES PROMULGATED BY THE CHAIR. BEFORE
26 PREPARING SUCH SCHEDULE FOR THE STATE OR SCHEDULES FOR LIMITED LOCALI-
27 TIES THE CHAIR SHALL REQUEST THE ACUPUNCTURE PRACTICE COMMITTEE TO
28 SUBMIT TO SUCH CHAIR A REPORT ON THE AMOUNT OF REMUNERATION DEEMED BY
29 SUCH COMMITTEE TO BE FAIR AND ADEQUATE FOR THE TYPES OF ACUPUNCTURE
30 SERVICES TO BE RENDERED UNDER THIS CHAPTER, BUT CONSIDERATION SHALL BE
31 GIVEN TO THE VIEW OF OTHER INTERESTED PARTIES. THE AMOUNTS PAYABLE BY
32 THE EMPLOYER FOR SUCH TREATMENT AND SERVICES SHALL BE THE FEES AND
33 CHARGES ESTABLISHED BY SUCH SCHEDULE.
34 (C) IN DETERMINING THE SCHEDULE OR SCHEDULES AS PROVIDED IN PARAGRAPH
35 (B) OF THIS SUBDIVISION, THE CHAIR SHALL MAKE A DISTINCTION BETWEEN
36 TREATMENT RENDERED BY A DULY LICENSED AND REGISTERED ACUPUNCTURIST
37 SUBJECT TO THE PROVISIONS OF ARTICLE ONE HUNDRED SIXTY OF THE EDUCATION
38 LAW AND A CERTIFIED ACUPUNCTURIST SUBJECT TO THE PROVISIONS OF SECTION
39 EIGHTY-TWO HUNDRED SIXTEEN OF THE EDUCATION LAW, AND THE CHAIR SHALL
40 PREPARE AND ESTABLISH A SCHEDULE OR SCHEDULES REFLECTING FEES AND CHARG-
41 ES APPROPRIATE TO THE NATURE AND SCOPE OF THE TREATMENT RENDERED BY EACH
42 TYPE OF PRACTITIONER, GIVING DUE CONSIDERATION TO ALL RELEVANT FACTORS
43 INCLUDING, BUT NOT LIMITED TO, THE LEVEL OF EDUCATION OF THE PRACTITION-
44 ER, THE TYPE OF TREATMENT RENDERED, WHETHER THE ACUPUNCTURE TREATMENT IS
45 BEING PROVIDED AS THE PRINCIPAL TREATMENT OR AS AN ADJUNCT TREATMENT,
46 AND THE BILLING PRACTICES ENTAILED, INCLUDING WHETHER THE PRACTITIONER
47 SUBMITS ONE COMPREHENSIVE BILL OR BILLS SEPARATELY FOR THE ACUPUNCTURE
48 TREATMENT, OFFICE VISITS AND OTHER ITEMS.
49 4. (A) NO CLAIM FOR ACUPUNCTURE SERVICES SHALL BE VALID AND ENFORCEA-
50 BLE AS AGAINST THE EMPLOYER OR EMPLOYEES UNLESS WITHIN FORTY-EIGHT HOURS
51 FOLLOWING THE FIRST TREATMENT THE ACUPUNCTURIST GIVING SUCH CARE OR
52 TREATMENT FURNISHES TO THE EMPLOYER AND DIRECTLY TO THE CHAIR A PRELIMI-
53 NARY NOTICE OF SUCH INJURY AND TREATMENT, AND WITHIN FIFTEEN DAYS THERE-
54 AFTER A MORE COMPLETE REPORT AND SUBSEQUENT THERETO PROGRESS REPORTS AS
55 REQUESTED IN WRITING BY THE CHAIR, BOARD, EMPLOYER OR INSURANCE CARRIER,
56 AT INTERVALS OF NOT LESS THAN THREE WEEKS APART OR AT LESS FREQUENT
A. 5217 3
1 INTERVALS IF REQUESTED ON FORMS PRESCRIBED BY THE CHAIR. THE BOARD MAY
2 EXCUSE THE FAILURE TO GIVE SUCH NOTICES WITHIN THE DESIGNATED PERIODS
3 WHEN IT FINDS IT TO BE IN THE INTEREST OF JUSTICE TO DO SO.
4 (B) UPON RECEIPT OF THE NOTICE PROVIDED FOR BY PARAGRAPH (A) OF THIS
5 SUBDIVISION, THE EMPLOYER SHALL BE ENTITLED TO HAVE THE CLAIMANT EXAM-
6 INED BY AN ACUPUNCTURIST AT A PLACE REASONABLY CONVENIENT TO THE CLAIM-
7 ANT AND IN THE PRESENCE OF THE CLAIMANT'S ACUPUNCTURIST, AND REFUSAL BY
8 THE CLAIMANT TO SUBMIT TO SUCH EXAMINATION AT SUCH TIME OR TIMES AS MAY
9 REASONABLY BE NECESSARY IN THE OPINION OF THE BOARD SHALL BAR THE CLAIM-
10 ANT FROM RECOVERING COMPENSATION, FOR ANY PERIOD DURING WHICH HE OR SHE
11 HAS REFUSED TO SUBMIT TO SUCH EXAMINATION.
12 5. FEES FOR ACUPUNCTURE SERVICES SHALL BE PAYABLE ONLY TO A DULY
13 LICENSED OR CERTIFIED ACUPUNCTURIST PURSUANT TO ARTICLE ONE HUNDRED
14 SIXTY OF THE EDUCATION LAW, OR TO THE AGENT, EXECUTOR OR ADMINISTRATOR
15 OF THE ESTATE OF SUCH ACUPUNCTURIST. NO ACUPUNCTURIST RENDERING TREAT-
16 MENT TO A COMPENSATION CLAIMANT SHALL COLLECT OR RECEIVE A FEE FROM SUCH
17 CLAIMANT WITHIN THIS STATE, BUT SHALL HAVE RECOURSE FOR PAYMENT OF
18 SERVICES RENDERED ONLY TO THE EMPLOYER UNDER THE PROVISIONS OF THIS
19 SECTION.
20 6. WHENEVER HIS OR HER ATTENDANCE AT A HEARING IS REQUIRED, THE
21 ACUPUNCTURIST OF THE INJURED EMPLOYEE SHALL BE ENTITLED TO RECEIVE A FEE
22 FROM THE EMPLOYER IN AN AMOUNT TO BE FIXED BY THE BOARD, IN ADDITION TO
23 ANY FEE PAYABLE UNDER SECTION EIGHT THOUSAND ONE OF THE CIVIL PRACTICE
24 LAW AND RULES.
25 7. (A) UNLESS WITHIN THIRTY DAYS AFTER A BILL HAS BEEN RENDERED TO THE
26 EMPLOYER BY THE ACUPUNCTURIST WHO HAS TREATED AN INJURED EMPLOYEE, SUCH
27 EMPLOYER SHALL HAVE NOTIFIED THE CHAIR AND SUCH ACUPUNCTURIST IN WRITING
28 THAT SUCH EMPLOYER DEMANDS AN IMPARTIAL EXAMINATION OF THE FAIRNESS OF
29 THE AMOUNT CLAIMED BY SUCH ACUPUNCTURIST FOR HIS OR HER SERVICES, THE
30 RIGHT TO SUCH AN IMPARTIAL EXAMINATION SHALL BE DEEMED TO BE WAIVED AND
31 THE AMOUNT CLAIMED BY SUCH ACUPUNCTURIST SHALL BE DEEMED TO BE THE FAIR
32 VALUE OF THE SERVICES RENDERED. IF THE PARTIES FAIL TO AGREE AS TO THE
33 ACUPUNCTURE CARE RENDERED UNDER THIS CHAPTER TO A CLAIMANT, SUCH VALUE
34 SHALL BE DECIDED BY THE ACUPUNCTURE PRACTICE COMMITTEE AND THE MAJORITY
35 DECISION OF SUCH COMMITTEE SHALL BE CONCLUSIVE UPON THE PARTIES AS TO
36 THE VALUE OF THE SERVICES RENDERED. THE BOARD MAY MAKE AN AWARD FOR ANY
37 SUCH BILL OR PART THEREOF WHICH REMAINS UNPAID IN THE SAME MANNER AS AN
38 AWARD FOR BILLS RENDERED UNDER SUBDIVISIONS ONE AND THREE OF SECTION
39 THIRTEEN-G OF THIS ARTICLE, AND SUCH AWARD MAY BE COLLECTED IN LIKE
40 MANNER AS AN AWARD OF COMPENSATION. THE CHAIR SHALL ASSESS THE SUM OF
41 FIFTY DOLLARS AGAINST THE EMPLOYER FOR EACH SUCH AWARD MADE BY THE
42 BOARD, WHICH SUM SHALL BE PAID INTO THE STATE TREASURY.
43 (B) WHERE AN ACUPUNCTURIST'S BILL HAS BEEN DETERMINED TO BE DUE AND
44 OWING IN ACCORDANCE WITH THE PROVISIONS OF THIS SECTION, THE BOARD MAY
45 IMPOSE A PENALTY OF NOT MORE THAN ONE AND ONE-HALF PERCENT INTEREST PER
46 MONTH PAYABLE TO THE ACUPUNCTURIST IN ACCORDANCE WITH THE RULES AND
47 REGULATIONS PROMULGATED BY THE BOARD.
48 (C) THE PARTIES TO SUCH PROCEEDING SHALL EACH PAY TO THE CHAIR A SUM
49 EQUAL TO FIVE PER CENTUM OF THE AMOUNT PAYABLE UNDER THE DECISION OF
50 SUCH COMMITTEE OR A MINIMUM OF FIVE DOLLARS, WHICHEVER IS GREATER. THE
51 SUMS SO COLLECTED SHALL BE TRANSFERRED TO THE STATE TREASURY TO REIM-
52 BURSE IT ON ACCOUNT OF THE EXPENSE OF ADMINISTERING THIS SECTION.
53 8. WITHIN THE LIMITS PRESCRIBED BY THE EDUCATION LAW FOR ACUPUNCTURE
54 SERVICES, THE REPORT OR TESTIMONY OF AN AUTHORIZED ACUPUNCTURIST
55 CONCERNING THE CONDITION OF AN INJURED EMPLOYEE AND TREATMENT THEREOF
56 SHALL BE DEEMED COMPETENT EVIDENCE AND THE PROFESSIONAL OPINION OF THE
A. 5217 4
1 ACUPUNCTURIST AS TO CAUSAL RELATION AND AS TO REQUIRED TREATMENT SHALL
2 BE DEEMED COMPETENT BUT SHALL NOT BE CONTROLLING. NOTHING IN THIS
3 SECTION SHALL BE DEEMED TO DEPRIVE ANY EMPLOYER OR INSURANCE CARRIER OF
4 ANY RIGHT TO A MEDICAL EXAMINATION OR PRESENTATION OF MEDICAL TESTIMONY
5 NOW CONFERRED BY LAW.
6 9. THE CHAIR SHALL PROMULGATE RULES GOVERNING THE PROCEDURE TO BE
7 FOLLOWED BY THOSE RENDERING ACUPUNCTURE SERVICES UNDER THIS SECTION,
8 WHICH RULES SO FAR AS PRACTICABLE SHALL CONFORM TO THE RULES PRESENTLY
9 IN EFFECT WITH REFERENCE TO MEDICAL CARE FURNISHED TO CLAIMANTS IN WORK-
10 ERS' COMPENSATION. IN CONNECTION WITH THE PROMULGATION OF SUCH RULES THE
11 CHAIR MAY CONSULT THE ACUPUNCTURE PRACTICE COMMITTEE AND MAY TAKE INTO
12 CONSIDERATION THE VIEW OF OTHER INTERESTED PARTIES.
13 10. THE CHAIR SHALL APPOINT FOR AND WITH JURISDICTION IN THE ENTIRE
14 STATE OF NEW YORK A SINGLE ACUPUNCTURE PRACTICE COMMITTEE COMPOSED OF
15 TWO LICENSED ACUPUNCTURISTS, AND ONE DULY LICENSED PHYSICIAN OF THE
16 STATE OF NEW YORK. EACH MEMBER OF SUCH COMMITTEE SHALL RECEIVE COMPEN-
17 SATION EITHER ON AN ANNUAL BASIS OR ON A PER DIEM BASIS TO BE FIXED BY
18 THE CHAIR WITHIN AMOUNTS APPROPRIATED THEREFOR. ONE OF SUCH LICENSED
19 ACUPUNCTURISTS SHALL BE DESIGNATED BY THE CHAIR AS A CHAIR OF SUCH
20 ACUPUNCTURE PRACTICE COMMITTEE. NO MEMBER OF SUCH COMMITTEE SHALL RENDER
21 ACUPUNCTURE SERVICES UNDER THIS SECTION NOR BE AN EMPLOYER OR ACCEPT OR
22 PARTICIPATE IN ANY FEE FROM ANY INSURANCE COMPANY AUTHORIZED TO WRITE
23 WORKERS' COMPENSATION INSURANCE IN THIS STATE OR FROM ANY SELF-INSURER,
24 WHETHER SUCH EMPLOYMENT OR FEE RELATES TO A WORKERS' COMPENSATION CLAIM
25 OR OTHERWISE. THE ATTORNEY GENERAL, UPON REQUEST, SHALL ADVISE AND
26 ASSIST SUCH COMMITTEE.
27 11. THE ACUPUNCTURE PRACTICE COMMITTEE SHALL INVESTIGATE, HEAR AND
28 MAKE FINDINGS WITH RESPECT TO ALL CHARGES AS TO PROFESSIONAL OR OTHER
29 MISCONDUCT OF ANY AUTHORIZED ACUPUNCTURISTS AS PROVIDED IN THIS SECTION
30 UNDER RULES AND PROCEDURES TO BE PRESCRIBED BY THE CHAIR AND SHALL
31 REPORT EVIDENCE OF SUCH MISCONDUCT, WITH THEIR FINDINGS AND RECOMMENDA-
32 TIONS WITH RESPECT THERETO, TO THE CHAIR. THE FINDINGS, DECISION AND
33 RECOMMENDATION OF SUCH ACUPUNCTURE PRACTICE COMMITTEE SHALL BE ADVISORY
34 TO THE CHAIR ONLY, AND SHALL NOT BE BINDING OR CONCLUSIVE UPON HIM OR
35 HER. THE CHAIR SHALL REMOVE FROM THE LIST OF ACUPUNCTURISTS AUTHORIZED
36 TO RENDER ACUPUNCTURE SERVICES UNDER THIS CHAPTER OR TO CONDUCT INDE-
37 PENDENT EXAMINATIONS IN ACCORDANCE WITH PARAGRAPH (B) OF SUBDIVISION
38 FOUR OF THIS SECTION THE NAME OF ANY ACUPUNCTURIST WHO HE OR SHE SHALL
39 FIND AFTER REASONABLE INVESTIGATION IS DISQUALIFIED BECAUSE SUCH
40 ACUPUNCTURIST:
41 (A) HAS BEEN GUILTY OF PROFESSIONAL OR OTHER MISCONDUCT OR INCOMPETEN-
42 CY IN CONNECTION WITH THE RENDERING OF ACUPUNCTURE SERVICES,
43 (B) HAS EXCEEDED THE LIMITS OF HIS OR HER PROFESSIONAL COMPETENCE IN
44 RENDERING ACUPUNCTURE SERVICES UNDER THE LAW, OR HAS MADE FALSE STATE-
45 MENTS REGARDING QUALIFICATIONS IN THE APPLICATION FOR AUTHORIZATION,
46 (C) HAS FAILED TO SUBMIT TIMELY, FULL AND TRUTHFUL ACUPUNCTURE EVALU-
47 ATION AND TREATMENT REPORTS OF ALL FINDINGS TO THE EMPLOYER AND DIRECTLY
48 TO THE CHAIR OF THE BOARD WITHIN THE TIME LIMITS PROVIDED IN THIS
49 SECTION,
50 (D) HAS RENDERED ACUPUNCTURE SERVICES UNDER THIS CHAPTER FOR A FEE
51 LESS THAN THAT FIXED IN THE FEE SCHEDULE,
52 (E) HAS SOLICITED OR HAS EMPLOYED ANOTHER TO SOLICIT FOR HIMSELF OR
53 HERSELF OR FOR ANOTHER PROFESSIONAL TREATMENT, EXAMINATION OR CARE OF AN
54 INJURED EMPLOYEE WITH ANY CLAIM UNDER THIS CHAPTER,
55 (F) HAS REFUSED TO APPEAR BEFORE OR ANSWER UPON REQUEST OF THE CHAIR,
56 BOARD, ACUPUNCTURE PRACTICE COMMITTEE OR ANY DULY AUTHORIZED OFFICER OF
A. 5217 5
1 THE STATE, ANY LEGAL QUESTION OR PRODUCE ANY RELEVANT BOOK OR PAPER
2 CONCERNING CONDUCT UNDER AN AUTHORIZATION GRANTED UNDER LAW, OR
3 (G) HAS DIRECTLY OR INDIRECTLY REQUESTED, RECEIVED OR PARTICIPATED IN
4 THE DIVISION, TRANSFERENCE, ASSIGNMENT, REBATING, SPLITTING OR REFUNDING
5 OF A FEE FOR, OR HAS DIRECTLY OR INDIRECTLY REQUESTED, RECEIVED OR PROF-
6 ITED BY MEANS OF A CREDIT OR OTHERWISE VALUABLE CONSIDERATION AS A
7 COMMISSION, DISCOUNT OR GRATUITY IN CONNECTION WITH THE TREATMENT OF A
8 WORKERS' COMPENSATION CLAIMANT.
9 12. ANY PERSON WHO VIOLATES OR ATTEMPTS TO VIOLATE, AND ANY PERSON WHO
10 AIDS ANOTHER TO VIOLATE OR ATTEMPTS TO INDUCE HIM OR HER TO VIOLATE THE
11 PROVISIONS OF PARAGRAPH (G) OF SUBDIVISION ELEVEN OF THIS SECTION SHALL
12 BE GUILTY OF A MISDEMEANOR.
13 13. NOTHING IN THIS SECTION SHALL BE CONSTRUED AS LIMITING IN ANY
14 RESPECT THE POWER OR DUTY OF THE CHAIR TO INVESTIGATE INSTANCES OF
15 MISCONDUCT, EITHER BEFORE OR AFTER INVESTIGATION BY THE ACUPUNCTURE
16 PRACTICE COMMITTEE, OR TO TEMPORARILY SUSPEND THE AUTHORIZATION OF ANY
17 ACUPUNCTURIST BELIEVED TO BE GUILTY OF SUCH MISCONDUCT. THE PROVISIONS
18 OF SUBDIVISION ONE OF SECTION THIRTEEN-D OF THIS ARTICLE WHICH ARE NOT
19 INCONSISTENT WITH THE PROVISIONS OF THIS SECTION SHALL BE APPLICABLE AS
20 IF FULLY SET FORTH IN THIS SECTION.
21 14. NOTHING CONTAINED IN THIS SECTION SHALL PROHIBIT ACUPUNCTURISTS
22 WHO PRACTICE AS PARTNERS, IN GROUPS OR AS A PROFESSIONAL CORPORATION
23 FROM POOLING FEES AND MONEYS RECEIVED, EITHER BY THE PARTNERSHIP,
24 PROFESSIONAL CORPORATION OR GROUP OR BY THE INDIVIDUAL MEMBERS THEREOF,
25 FOR PROFESSIONAL SERVICES FURNISHED BY ANY INDIVIDUAL PROFESSIONAL
26 MEMBER, OR EMPLOYEE OF SUCH PARTNERSHIP, CORPORATION OR GROUP, NOR SHALL
27 THE PROFESSIONALS CONSTITUTING THE PARTNERSHIPS, CORPORATIONS, OR GROUPS
28 BE PROHIBITED FROM SHARING, DIVIDING OR APPORTIONING THE FEES AND MONEYS
29 RECEIVED BY THEM OR BY THE PARTNERSHIP, CORPORATION OR GROUP IN ACCORD-
30 ANCE WITH A PARTNERSHIP OR OTHER AGREEMENT.
31 S 2. This act shall take effect on the one hundred eightieth day after
32 it shall have become a law. Provided, that effective immediately, the
33 addition, amendment and/or repeal of any rules and regulations necessary
34 to implement the provisions of this act on its effective date are
35 authorized and directed to be completed on or before such effective
36 date.
