Bill Text: NY S03523 | 2023-2024 | General Assembly | Introduced

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Bill Title: Relates to the practice of acupuncture and the exemption that a person who does not otherwise possess the credentials or qualifications required for the practice of acupuncture may be trained by the National Acupuncture Detoxification Association (NADA), or other equivalent.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-01-03 - REFERRED TO HIGHER EDUCATION [S03523 Detail]

Download: New_York-2023-S03523-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          3523

                               2023-2024 Regular Sessions

                    IN SENATE

                                    January 31, 2023
                                       ___________

        Introduced by Sen. FERNANDEZ -- read twice and ordered printed, and when
          printed to be committed to the Committee on Higher Education

        AN  ACT  to  amend  the  education  law,  in relation to the practice of
          acupuncture and certain exemptions

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  Subdivision  4  of  section 8216 of the education law, as
     2  amended by chapter 773 of the laws  of  1990,  is  amended  to  read  as
     3  follows:
     4    (4)  A person who does not otherwise possess the credentials or quali-
     5  fications required for the practice of acupuncture  prescribed  by  this
     6  article  or  the  regulations promulgated hereunder or any other law but
     7  [who is authorized by the division of alcoholism and alcohol abuse,  the
     8  division  of  substance  abuse  services, or the department of health to
     9  provide treatment for  alcoholism,  substance  dependence,  or  chemical
    10  dependency in a hospital or clinical program which has been approved for
    11  such  treatment  by  the  division  of alcoholism and alcohol abuse, the
    12  division of substance abuse services, or the department  of  health  and
    13  who  has been trained to practice acupuncture for the treatment of alco-
    14  holism, substance dependence, or chemical dependency through  an  educa-
    15  tional  program  acceptable to the education department may nevertheless
    16  practice acupuncture provided such practice is limited to the  treatment
    17  of  alcoholism,  substance  dependence,  or  chemical dependency in such
    18  clinical or hospital programs, or  in  a  program  that  if  statutorily
    19  exempt  from  such  approval meets standards approved by the division of
    20  alcoholism and alcohol abuse, the division of substance abuse  services,
    21  or  the department of health, and further provided that such practice is
    22  done in accordance with regulations promulgated by the division of alco-
    23  holism and alcohol abuse, the division of substance abuse  services,  or
    24  the  department of health. Such person shall work only under the general
    25  supervision of a physician or dentist certified to practice  acupuncture

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05571-02-3
        S. 3523                             2

     1  or  an  individual  licensed to practice acupuncture in the state of New
     2  York pursuant to this article] may be trained by the  National  Acupunc-
     3  ture  Detoxification  Association  (NADA),  or other equivalent training
     4  body  approved  by  the department, and practice a standardized protocol
     5  for well-being and behavioral health  conditions,  including  prevention
     6  and  treatment  of substance use disorder, under the general supervision
     7  of licensed and certified health professionals or NADA registered train-
     8  ers.  Notwithstanding any other law, rule or regulation to the contrary,
     9  persons authorized on or before the effective date of  this  article  to
    10  practice  acupuncture for the treatment of alcoholism, substance depend-
    11  ence, or chemical dependency within a hospital or clinical program which
    12  has been approved for such treatment by the division of  alcoholism  and
    13  alcohol  abuse, the division of substance abuse services, or the depart-
    14  ment of health may nevertheless continue to practice  acupuncture  under
    15  the provisions of this subdivision;
    16    § 2. This act shall take effect immediately.