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A01564 Summary:

SPONSORRosenthal L
COSPNSRColton, Buttenschon
Amd §8216, Ed L
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 engage in the practice of auriculotherapy or "ear acupuncture" subject to certain restrictions.
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A01564 Text:

                STATE OF NEW YORK
                               2023-2024 Regular Sessions
                   IN ASSEMBLY
                                    January 17, 2023
        Introduced  by  M.  of  A. L. ROSENTHAL -- read once and referred 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. Section 8216 of the education law is amended  by  adding  a
     2  new subdivision 9 to read as follows:
     3    (9)  (a)  A  person  who does not otherwise possess the credentials or
     4  qualifications required for the practice of  acupuncture  prescribed  by
     5  this  article  or the regulations promulgated hereunder or any other law
     6  may engage in the practice of auriculotherapy, otherwise known  as  "ear
     7  acupuncture", if such person:
     8    (i) Has appropriate training in clean needle techniques;
     9    (ii) Employs sterile, single-use needles, without reuse;
    10    (iii)  Does  not  purport  to diagnose or treat any disease, disorder,
    11  infirmity, or affliction;
    12    (iv) Does not use any letters, words, or insignia indicating or imply-
    13  ing that the person is an acupuncturist;
    14    (v) Makes no statement implying that such person's practice of auricu-
    15  lotherapy is licensed, certified, or otherwise overseen by the state;
    16    (vi) Conducts the practice of auricular  acupuncture  only  under  the
    17  general  supervision of a person who is licensed to practice acupuncture
    18  pursuant to this article. As used in this subdivision,  "general  super-
    19  vision"  includes,  but  is  not  limited to, availability of a licensed
    20  acupuncturist by phone or other electronic means during business  hours,
    21  with at least one on-site visit by a licensed acupuncturist per year.
    22    (b)  Treatment  by an auricular therapist pursuant to this subdivision
    23  shall be  strictly  limited  to  the  insertion  of  disposable  sterile
    24  acupuncture  needles into, and limited only to, the ear. The application
    25  or insertion of needles anywhere else on the body of another person by a
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        A. 1564                             2
     1  person described in paragraph (a) of this subdivision shall  be  consid-
     2  ered engaging in the practice of acupuncture without a license.
     3    (c)  The  department,  in  cooperation  with the relevant professional
     4  regulatory boards, shall monitor and evaluate whether  persons  engaging
     5  in  the  practice  of  ear  acupuncture pursuant to this subdivision and
     6  employing such ear acupuncture as a therapeutic modality  are  doing  so
     7  safely, within their scopes of practice, and in a manner consistent with
     8  the public health, safety, and welfare.
     9    § 2. This act shall take effect immediately.
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