Bill Text: NY S03306 | 2013-2014 | General Assembly | Amended
Bill Title: Relates to the licensing of acupuncturists and the practice of the profession of acupuncture; further establishes acupuncturists as mandatory reporters of suspected cases of child abuse and maltreatment.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2014-03-17 - PRINT NUMBER 3306B [S03306 Detail]
Download: New_York-2013-S03306-Amended.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 3306--B 2013-2014 Regular Sessions I N S E N A T E January 31, 2013 ___________ Introduced by Sens. NOZZOLIO, MARTINS, PARKER, SAVINO -- read twice and ordered printed, and when printed to be committed to the Committee on Higher Education -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- recommitted to the Committee on Higher Education in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the education law and the social services law, in relation to the licensing of acupuncturists and the practice of the profession of acupuncture, and establishing acupuncturists as mandato- ry reporters of suspected cases of child abuse and maltreatment THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. Paragraph (a) of subdivision 1 of section 8211 of the 2 education law, as added by chapter 772 of the laws of 1990, is amended 3 and a new paragraph (c) is added to read as follows: 4 (a) "Profession of acupuncture" is the treating, by means of mechan- 5 ical, thermal or electrical stimulation effected by the insertion of 6 needles or by the application of heat, pressure or electrical stimu- 7 lation at a point or combination of points on the surface of the body 8 predetermined on the basis of the theory of the physiological interre- 9 lationship of body organs with an associated point or combination of 10 points for diseases, disorders and dysfunctions of the body for the 11 purpose of achieving a therapeutic or prophylactic effect. THE PROFES- 12 SION OF ACUPUNCTURE INCLUDES RECOMMENDATION OF TRADITIONAL REMEDIES AND 13 SUPPLEMENTS INCLUDING, BUT NOT LIMITED TO, THE RECOMMENDATION OF DIET, 14 HERBS AND NATURAL PRODUCTS, AND THEIR PREPARATION IN ACCORDANCE WITH 15 TRADITIONAL AND MODERN PRACTICES OF MODERN EAST ASIAN OR ORIENTAL 16 (CHINESE, KOREAN OR JAPANESE) MEDICAL THEORY. ANY ACUPUNCTURIST WHOSE 17 PRACTICE INCLUDES THE RECOMMENDATION OF CUSTOM-MADE REMEDIES OR HERBAL 18 FORMULATIONS SHALL BE SUBJECT TO THE REQUIREMENT IMPOSED BY THE EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01256-06-4 S. 3306--B 2 1 PROVISIONS OF SUBDIVISION EIGHT-A OF SECTION EIGHTY-TWO HUNDRED FOURTEEN 2 OF THIS ARTICLE. 3 (C) NOTHING HEREIN SHALL BE CONSTRUED TO PROHIBIT AN INDIVIDUAL WHO IS 4 NOT SUBJECT TO REGULATION IN THIS STATE AS A LICENSED ACUPUNCTURIST FROM 5 ENGAGING IN THE RECOMMENDATION OF TRADITIONAL REMEDIES AND SUPPLEMENTS 6 AS DEFINED HEREIN. 7 S 2. Subdivision 1 of section 8213 of the education law, as added by 8 chapter 772 of the laws of 1990, is amended to read as follows: 9 (1)(A) There is hereby established within the department a state board 10 for acupuncture. [The] ON AND BEFORE SEPTEMBER THIRTIETH, TWO THOUSAND 11 FIFTEEN, THE board shall consist of not less than eleven members to be 12 appointed by the board of regents on the recommendation of the commis- 13 sioner for the purpose of assisting the board of regents and the depart- 14 ment on matters of professional licensing and professional conduct in 15 accordance with section sixty-five hundred eight of this [chapter] 16 TITLE, four of whom shall be licensed acupuncturists, four of whom shall 17 be licensed physicians certified to use acupuncture and three of whom 18 shall be public members representing the consumer and community. [Of the 19 acupuncturists first appointed to the board, one may be a registered 20 specialist's assistant-acupuncture provided that the term of such regis- 21 tered specialist's assistant-acupuncture shall not be more than four 22 years.] Of the members first appointed, three shall be appointed for a 23 one year term, three shall be appointed for a two year term and three 24 shall be appointed for a three year term, and two shall be appointed for 25 a four year term. Thereafter all members shall serve for five year 26 terms. In the event that more than eleven members are appointed, a 27 majority of the additional members shall be licensed acupuncturists. The 28 members of the board shall select one of themselves as chairman to serve 29 for a one year term. 30 (B) ON AND AFTER OCTOBER FIRST, TWO THOUSAND FIFTEEN, THE BOARD SHALL 31 CONSIST OF NOT LESS THAN TWELVE MEMBERS APPOINTED AS SPECIFIED IN PARA- 32 GRAPH (A) OF THIS SUBDIVISION, EXCEPT THAT AT LEAST SIX OF SUCH MEMBERS 33 SHALL BE LICENSED ACUPUNCTURISTS, THREE OF SUCH MEMBERS SHALL BE 34 LICENSED PHYSICIANS CERTIFIED TO USE ACUPUNCTURE AND THREE OF WHOM SHALL 35 BE PUBLIC MEMBERS REPRESENTING THE CONSUMER AND COMMUNITY. NO MEMBER WHO 36 IS A LICENSED PHYSICIAN CERTIFIED TO USE ACUPUNCTURE AND WHO IS SERVING 37 ON THE BOARD ON THE EFFECTIVE DATE OF THIS PARAGRAPH SHALL BE REQUIRED 38 TO VACATE HIS OR HER POSITION AS A MEMBER OF THE BOARD AS A RESULT OF 39 THE REDUCTION IN SUCH PHYSICIAN MEMBERS FROM FOUR TO THREE AS SPECIFIED 40 IN THIS PARAGRAPH, BUT SUCH CHANGE IN COMPOSITION SHALL BE MADE UPON THE 41 EXPIRATION OF TERMS OF OFFICE, OR VACANCIES IN OFFICE, OCCURRING ON AND 42 AFTER SUCH DATE. 43 S 3. Subdivision 8 of section 8214 of the education law, as added by 44 chapter 772 of the laws of 1990, is amended and two new subdivisions 8-a 45 and 9 are added to read as follows: 46 (8) Registration: if a license is granted, register triennially with 47 the department, including present home and business address and such 48 other pertinent information as the department requires[.]; 49 (8-A) SPECIAL REQUIREMENT FOR RECOMMENDATION OF CUSTOM-MADE REMEDIES 50 OR HERBAL FORMULATIONS: ON AND AFTER OCTOBER FIRST, TWO THOUSAND 51 FIFTEEN, AN APPLICANT WHOSE PROFESSIONAL CONDUCT IN CONNECTION WITH THE 52 PRACTICE OF ACUPUNCTURE SHALL INCLUDE THE RECOMMENDATION OF CUSTOM-MADE 53 REMEDIES OR HERBAL FORMULATIONS MUST SUBMIT EVIDENCE OF SUCCESSFUL 54 PASSAGE OF THE HERBAL EXAMINATION MODULE OF A NATIONAL PROFESSIONAL 55 ORGANIZATION IN THE FIELD OF ACUPUNCTURE RECOGNIZED FOR THIS PURPOSE BY 56 THE COMMISSIONER; AND S. 3306--B 3 1 (9) CERTIFICATES OF HERBAL PRACTICE: 1. NO ACUPUNCTURIST SHALL 2 DISPENSE OR RECOMMEND CUSTOM-MADE REMEDIES OR CUSTOM-MADE HERBAL FORMU- 3 LATIONS WITHOUT A CERTIFICATE OF HERBAL PRACTICE ISSUED BY THE DEPART- 4 MENT PURSUANT TO REGULATIONS OF THE COMMISSIONER. 5 2. THE FEE FOR A CERTIFICATE OF AUTHORITY SHALL BE DETERMINED BY THE 6 COMMISSIONER AND SHALL BE PAID ON A TRIENNIAL BASIS. A CERTIFICATE MAY 7 BE SUSPENDED OR REVOKED IN THE SAME MANNER AS A LICENSE TO PRACTICE 8 ACUPUNCTURE. 9 S 4. Section 8216 of the education law is amended by adding a new 10 subdivision 8 to read as follows: 11 (8) ANY PERSON WHO IS AN ACUPUNCTURIST LICENSED TO PRACTICE ACUPUNC- 12 TURE IN ANOTHER STATE OR COUNTRY MAY PRACTICE ACUPUNCTURE IN THIS STATE 13 WITHOUT A LICENSE IF HE OR SHE IS CONDUCTING A TEACHING CLINICAL DEMON- 14 STRATION IN THIS STATE IN CONNECTION WITH A PROGRAM OF BASIC CLINICAL 15 EDUCATION, GRADUATE EDUCATION, OR POST-GRADUATE EDUCATION IN AN APPROVED 16 SCHOOL OF ACUPUNCTURE OR IN ITS AFFILIATED CLINICAL FACILITY OR HEALTH 17 CARE AGENCY, OR BEFORE A GROUP OF LICENSED ACUPUNCTURISTS WHO ARE 18 MEMBERS OF A PROFESSIONAL SOCIETY. 19 S 5. The education law is amended by adding a new section 8217 to read 20 as follows: 21 S 8217. MANDATORY CONTINUING EDUCATION. 1. (A) EACH LICENSED ACUPUNC- 22 TURIST REQUIRED UNDER ARTICLE ONE HUNDRED THIRTY OF THIS CHAPTER TO 23 REGISTER TRIENNIALLY WITH THE DEPARTMENT TO PRACTICE IN THE STATE SHALL 24 COMPLY WITH PROVISIONS OF THE MANDATORY CONTINUING EDUCATION REQUIRE- 25 MENTS PRESCRIBED IN SUBDIVISION TWO OF THIS SECTION EXCEPT AS SET FORTH 26 IN PARAGRAPHS (B) AND (C) OF THIS SUBDIVISION. ACUPUNCTURISTS WHO DO NOT 27 SATISFY THE MANDATORY CONTINUING EDUCATION REQUIREMENTS SHALL NOT PRAC- 28 TICE UNTIL THEY HAVE MET SUCH REQUIREMENTS, EXCEPT THAT AN ACUPUNCTURIST 29 MAY PRACTICE WITHOUT HAVING MET SUCH REQUIREMENTS IF HE OR SHE IS ISSUED 30 A CONDITIONAL REGISTRATION CERTIFICATE AS SPECIFIED IN SUBDIVISION THREE 31 OF THIS SECTION. 32 (B) ACUPUNCTURISTS SHALL BE EXEMPT FROM THE MANDATORY CONTINUING 33 EDUCATION REQUIREMENT FOR THE TRIENNIAL REGISTRATION PERIOD DURING WHICH 34 THEY ARE FIRST LICENSED. IN ACCORD WITH THE INTENT OF THIS SECTION, 35 ADJUSTMENT TO THE MANDATORY CONTINUING EDUCATION REQUIREMENT MAY BE 36 GRANTED BY THE DEPARTMENT FOR REASONS OF HEALTH CERTIFIED BY AN APPRO- 37 PRIATE HEALTH CARE PROFESSIONAL, FOR EXTENDED ACTIVE DUTY WITH THE ARMED 38 FORCES OF THE UNITED STATES, OR FOR OTHER GOOD CAUSE ACCEPTABLE TO THE 39 DEPARTMENT WHICH MAY PREVENT COMPLIANCE. 40 (C) A LICENSED ACUPUNCTURIST NOT ENGAGED IN PRACTICE AS DETERMINED BY 41 THE DEPARTMENT, SHALL BE EXEMPT FROM THE MANDATORY CONTINUING EDUCATION 42 REQUIREMENT UPON THE FILING OF A STATEMENT WITH THE DEPARTMENT DECLARING 43 SUCH STATUS. ANY LICENSEE WHO RETURNS TO THE PRACTICE OF ACUPUNCTURE 44 DURING THE TRIENNIAL REGISTRATION PERIOD SHALL NOTIFY THE DEPARTMENT 45 PRIOR TO REENTERING THE PROFESSION AND SHALL MEET SUCH MANDATORY EDUCA- 46 TION REQUIREMENTS AS SHALL BE PRESCRIBED BY REGULATIONS OF THE COMMIS- 47 SIONER. 48 2. DURING EACH TRIENNIAL REGISTRATION PERIOD AN APPLICANT FOR REGIS- 49 TRATION SHALL COMPLETE A MINIMUM OF THIRTY-SIX HOURS OF ACCEPTABLE 50 FORMAL CONTINUING EDUCATION, AS SPECIFIED IN SUBDIVISION FOUR OF THIS 51 SECTION, PROVIDED THAT NO MORE THAN EIGHTEEN HOURS OF SUCH CONTINUING 52 EDUCATION SHALL CONSIST OF SELF-STUDY COURSES. ANY ACUPUNCTURIST WHOSE 53 FIRST REGISTRATION DATE FOLLOWING THE EFFECTIVE DATE OF THIS SECTION 54 OCCURS LESS THAN THREE YEARS FROM SUCH EFFECTIVE DATE, BUT ON OR AFTER 55 OCTOBER FIRST, TWO THOUSAND FIFTEEN, SHALL COMPLETE CONTINUING EDUCATION 56 HOURS ON A PRORATED BASIS AT THE RATE OF ONE HOUR PER MONTH FOR THE S. 3306--B 4 1 PERIOD BEGINNING OCTOBER FIRST, TWO THOUSAND FIFTEEN UP TO THE FIRST 2 REGISTRATION DATE THEREAFTER, BUT NO ACUPUNCTURIST SHALL IN ANY EVENT BE 3 REQUIRED TO COMPLETE LESS THAN SIX HOURS OF CONTINUING EDUCATION. A 4 LICENSEE WHO HAS NOT SATISFIED THE MANDATORY CONTINUING EDUCATION 5 REQUIREMENTS SHALL NOT BE ISSUED A TRIENNIAL REGISTRATION CERTIFICATE BY 6 THE DEPARTMENT AND SHALL NOT PRACTICE UNLESS AND UNTIL A CONDITIONAL 7 REGISTRATION CERTIFICATE IS ISSUED AS PROVIDED FOR IN SUBDIVISION THREE 8 OF THIS SECTION. CONTINUING EDUCATION HOURS TAKEN DURING ONE TRIENNIUM 9 MAY NOT BE TRANSFERRED TO A SUBSEQUENT TRIENNIUM. THE MANDATORY CONTIN- 10 UING EDUCATION FEE SHALL BE THIRTY DOLLARS, SHALL BE PAYABLE ON OR 11 BEFORE THE FIRST DAY OF EACH TRIENNIAL REGISTRATION PERIOD, AND SHALL BE 12 PAID IN ADDITION TO THE TRIENNIAL REGISTRATION FEE REQUIRED BY SECTION 13 SIXTY-SEVEN HUNDRED THIRTY-FOUR OF THIS TITLE. 14 3. THE DEPARTMENT, IN ITS DISCRETION, MAY ISSUE A CONDITIONAL REGIS- 15 TRATION TO A LICENSEE WHO FAILS TO MEET THE CONTINUING EDUCATION 16 REQUIREMENTS ESTABLISHED IN SUBDIVISION TWO OF THIS SECTION BUT WHO 17 AGREES TO MAKE UP ANY DEFICIENCIES AND COMPLETE ANY ADDITIONAL EDUCATION 18 WHICH THE DEPARTMENT MAY REQUIRE. THE FEE FOR SUCH A CONDITIONAL REGIS- 19 TRATION SHALL BE THE SAME AS, AND IN ADDITION TO, THE FEE FOR THE TRIEN- 20 NIAL REGISTRATION. THE DURATION OF SUCH CONDITIONAL REGISTRATION SHALL 21 BE DETERMINED BY THE DEPARTMENT BUT SHALL NOT EXCEED ONE YEAR. ANY 22 LICENSEE WHO IS NOTIFIED OF THE DENIAL OF REGISTRATION FOR FAILURE TO 23 SUBMIT EVIDENCE, SATISFACTORY TO THE DEPARTMENT, OF REQUIRED CONTINUING 24 EDUCATION AND WHO PRACTICES ACUPUNCTURE WITHOUT SUCH REGISTRATION, MAY 25 BE SUBJECT TO DISCIPLINARY PROCEEDINGS PURSUANT TO SECTION SIXTY-FIVE 26 HUNDRED TEN OF THIS TITLE. 27 4. (A) AS USED IN SUBDIVISION TWO OF THIS SECTION, "ACCEPTABLE FORMAL 28 CONTINUING EDUCATION" SHALL MEAN FORMAL COURSES OF LEARNING WHICH 29 CONTRIBUTE TO PROFESSIONAL PRACTICE IN ACUPUNCTURE AND WHICH MEET THE 30 STANDARDS PRESCRIBED BY REGULATIONS OF THE COMMISSIONER. THE DEPARTMENT 31 MAY, IN ITS DISCRETION AND AS NEEDED TO CONTRIBUTE TO THE HEALTH AND 32 WELFARE OF THE PUBLIC, REQUIRE THE COMPLETION OF CONTINUING EDUCATION 33 COURSES IN SPECIFIC SUBJECTS. TO FULFILL THIS MANDATORY CONTINUING 34 EDUCATION REQUIREMENT, COURSES SHALL BE TAKEN FROM A SPONSOR APPROVED BY 35 THE DEPARTMENT, PURSUANT TO THE REGULATIONS OF THE COMMISSIONER OR 36 OTHERWISE QUALIFY PURSUANT TO PARAGRAPH (B) OF THIS SUBDIVISION. 37 (B) ANY ACUPUNCTURIST WHO (I) IS A PROFESSOR, ASSISTANT PROFESSOR, 38 ADJUNCT PROFESSOR OR INSTRUCTOR AT AN INSTITUTION OF HIGHER EDUCATION 39 LOCATED IN THIS STATE OR (II) IS SPONSORED BY AN APPROVED INSTITUTION OR 40 ASSOCIATION AND WHO SERVES AS AN INSTRUCTOR IN A COURSE OF CONTINUING 41 EDUCATION WHICH IS APPROVED AS SPECIFIED IN THE STANDARDS ESTABLISHED BY 42 THE COMMISSIONER, MAY RECEIVE CONTINUING EDUCATION CREDIT FOR COURSES IN 43 WHICH HE OR SHE SERVES AS THE INSTRUCTOR. FOR EVERY TWELVE HOURS OF 44 IN-CLASS INSTRUCTION, SUCH ACUPUNCTURIST SHALL RECEIVE ONE HOUR OF 45 CONTINUING EDUCATION CREDIT, UP TO A MAXIMUM OF EIGHTEEN HOURS, FOR ANY 46 TRIENNIAL PERIOD. EVIDENCE OF SUCH INSTRUCTION SHALL BE SUBMITTED, AND 47 CREDIT APPROVED, AS SPECIFIED BY THE COMMISSIONER. 48 5. ACUPUNCTURISTS SHALL MAINTAIN ADEQUATE DOCUMENTATION OF COMPLETION 49 OF ACCEPTABLE FORMAL CONTINUING EDUCATION AND SHALL PROVIDE SUCH 50 DOCUMENTATION AT THE REQUEST OF THE DEPARTMENT. FAILURE TO PROVIDE SUCH 51 DOCUMENTATION UPON THE REQUEST OF THE DEPARTMENT SHALL BE AN ACT OF 52 MISCONDUCT SUBJECT TO DISCIPLINARY PROCEEDINGS PURSUANT TO SECTION 53 SIXTY-FIVE HUNDRED TEN OF THIS TITLE. 54 S 6. Paragraph a of subdivision 3 of section 6507 of the education 55 law, as amended by chapter 554 of the laws of 2013, is amended to read 56 as follows: S. 3306--B 5 1 a. Establish standards for preprofessional and professional education, 2 experience and licensing examinations as required to implement the arti- 3 cle for each profession. Notwithstanding any other provision of law, the 4 commissioner shall establish standards requiring that all persons apply- 5 ing, on or after January first, nineteen hundred ninety-one, initially, 6 or for the renewal of, a license, registration or limited permit to be a 7 physician, chiropractor, dentist, registered nurse, podiatrist, ACUPUNC- 8 TURIST, optometrist, psychiatrist, psychologist, licensed master social 9 worker, licensed clinical social worker, licensed creative arts thera- 10 pist, licensed marriage and family therapist, licensed mental health 11 counselor, licensed psychoanalyst, dental hygienist, licensed behavior 12 analyst, or certified behavior analyst assistant shall, in addition to 13 all the other licensure, certification or permit requirements, have 14 completed two hours of coursework or training regarding the identifica- 15 tion and reporting of child abuse and maltreatment. The coursework or 16 training shall be obtained from an institution or provider which has 17 been approved by the department to provide such coursework or training. 18 The coursework or training shall include information regarding the phys- 19 ical and behavioral indicators of child abuse and maltreatment and the 20 statutory reporting requirements set out in sections four hundred thir- 21 teen through four hundred twenty of the social services law, including 22 but not limited to, when and how a report must be made, what other 23 actions the reporter is mandated or authorized to take, the legal 24 protections afforded reporters, and the consequences for failing to 25 report. Such coursework or training may also include information regard- 26 ing the physical and behavioral indicators of the abuse of individuals 27 with mental retardation and other developmental disabilities and volun- 28 tary reporting of abused or neglected adults to the office [of mental 29 retardation and] FOR PEOPLE WITH developmental disabilities or the local 30 adult protective services unit. Each applicant shall provide the depart- 31 ment with documentation showing that he or she has completed the 32 required training. The department shall provide an exemption from the 33 child abuse and maltreatment training requirements to any applicant who 34 requests such an exemption and who shows, to the department's satisfac- 35 tion, that there would be no need because of the nature of his or her 36 practice for him or her to complete such training; 37 S 7. Paragraph (a) of subdivision 1 of section 413 of the social 38 services law, as amended by chapter 554 of the laws of 2013, is amended 39 to read as follows: 40 (a) The following persons and officials are required to report or 41 cause a report to be made in accordance with this title when they have 42 reasonable cause to suspect that a child coming before them in their 43 professional or official capacity is an abused or maltreated child, or 44 when they have reasonable cause to suspect that a child is an abused or 45 maltreated child where the parent, guardian, custodian or other person 46 legally responsible for such child comes before them in their profes- 47 sional or official capacity and states from personal knowledge facts, 48 conditions or circumstances which, if correct, would render the child an 49 abused or maltreated child: any physician; registered physician assist- 50 ant; surgeon; medical examiner; coroner; dentist; dental hygienist; 51 osteopath; optometrist; chiropractor; podiatrist; ACUPUNCTURIST; resi- 52 dent; intern; psychologist; registered nurse; social worker; emergency 53 medical technician; licensed creative arts therapist; licensed marriage 54 and family therapist; licensed mental health counselor; licensed psycho- 55 analyst; licensed behavior analyst; certified behavior analyst assist- 56 ant; hospital personnel engaged in the admission, examination, care or S. 3306--B 6 1 treatment of persons; a Christian Science practitioner; school official, 2 which includes but is not limited to school teacher, school guidance 3 counselor, school psychologist, school social worker, school nurse, 4 school administrator or other school personnel required to hold a teach- 5 ing or administrative license or certificate; social services worker; 6 director of a children's overnight camp, summer day camp or traveling 7 summer day camp, as such camps are defined in section thirteen hundred 8 ninety-two of the public health law; day care center worker; school-age 9 child care worker; provider of family or group family day care; or any 10 other child care or foster care worker; mental health professional; 11 substance abuse counselor; alcoholism counselor; all persons creden- 12 tialed by the office of alcoholism and substance abuse services; peace 13 officer; police officer; district attorney or assistant district attor- 14 ney; investigator employed in the office of a district attorney; or 15 other law enforcement official. 16 S 8. This act shall take effect October 1, 2015; provided, however, 17 that if chapter 554 of the laws of 2013 is not in effect on such effec- 18 tive date, then the amendments made to paragraph a of subdivision 3 of 19 section 6507 of the education law by section six of this act and to 20 paragraph (a) of subdivision 1 of section 413 of the social services law 21 by section seven of this act shall take effect on the same date and in 22 the same manner as chapter 554 of the laws of 2013, as amended, takes 23 effect; provided, however, that effective immediately, the state educa- 24 tion department is authorized to take such steps in advance of such 25 effective date, including the addition, amendment and/or repeal of any 26 rule or regulation as may be necessary, to ensure the timely implementa- 27 tion of the provisions of this act on such effective date.