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.
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