S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2480

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 16, 2009
                               ___________

Introduced  by M. of A. PRETLOW -- read once and referred to the Commit-
  tee on Higher Education

AN ACT to amend the education law, in relation to the practice of  biof-
  eedback therapy

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The education law is amended by adding a new article  139-A
to read as follows:
                              ARTICLE 139-A
                    BIOFEEDBACK THERAPY PRACTICES ACT
SECTION 6920. DEFINITION OF PRACTICE OF BIOFEEDBACK THERAPY.
        6921. AUTHORIZED PRACTICE.
        6922. STATE BOARD OF BIOFEEDBACK THERAPY.
        6923. REQUIREMENTS FOR A LICENSE.
        6924. LIMITED PERMITS.
        6925. EXEMPT PERSONS.
        6926. SPECIAL PROVISIONS.
        6927. PRACTICE RESTRICTIONS.
  S 6920. DEFINITION OF PRACTICE OF BIOFEEDBACK THERAPY. THE PRACTICE OF
BIOFEEDBACK THERAPY IS THE USE OF SENSITIVE INSTRUMENTS TO MEASURE BODI-
LY  PROCESSES  WITH THE PURPOSE OF REPORTING RESULTS TO THE PERSON BEING
MEASURED TO ASSIST SUCH PERSON IN CONTROLLING THESE PROCESSES. THIS  CAN
BE  A  WAY  TO  LEARN STRESS MANAGEMENT AND RELAXATION TO PREVENT STRESS
RELATED DISORDERS, OR TO  REDUCE  OR  ELIMINATE  THE  SYMPTOMS  OF  MANY
SYNDROMES.  IN  ADDITION  TO TEACHING SELF-REGULATION BY THE USE OF SUCH
INSTRUMENTS, OTHER METHODS PROMOTING HEALTH AND COPING SKILLS TAUGHT  BY
THE BIOFEEDBACK THERAPIST INCLUDE, BUT ARE NOT LIMITED TO, DIAPHRAGMATIC
BREATHING,  PROGRESSIVE RELAXATION, AUTOGENIC TRAINING, IMAGERY, PSYCHO-
PHYSIOLOGICAL THERAPY AND COGNITIVE RESTRUCTURING.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02163-01-9

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  S 6921. AUTHORIZED PRACTICE. ONLY  A  PERSON  LICENSED  OR  AUTHORIZED
PURSUANT  TO  THIS  ARTICLE  TO PRACTICE BIOFEEDBACK SHALL USE THE TITLE
"BIOFEEDBACK THERAPIST".
  S  6922.  STATE  BOARD  OF  BIOFEEDBACK THERAPY. 1. THE STATE BOARD OF
BIOFEEDBACK THERAPY SHALL BE APPOINTED BY THE BOARD OF REGENTS ON RECOM-
MENDATION OF THE COMMISSIONER FOR THE PURPOSE OF ASSISTING THE BOARD  OF
REGENTS ON MATTERS OF LICENSING AND CONDUCT. THE STATE BOARD OF BIOFEED-
BACK THERAPY SHALL BE COMPOSED OF SEVEN MEMBERS. INITIAL APPOINTMENTS TO
THE  STATE  BOARD  OF  BIOFEEDBACK  THERAPY SHALL BE SUCH THAT THE TERMS
SHALL BE STAGGERED. NO MEMBER SHALL SERVE MORE THAN TWO TERMS.
  2. SIX MEMBERS SO APPOINTED SHALL BE PERSONS LICENSED OR EXEMPT PURSU-
ANT TO THIS ARTICLE, AND ONE MEMBER SO APPOINTED SHALL BE AN  INDIVIDUAL
LICENSED IN THIS STATE AS A PHYSICIAN WHO IS PRACTICING.
  S  6923. REQUIREMENTS FOR A LICENSE. 1.  TO QUALIFY FOR A LICENSE AS A
BIOFEEDBACK THERAPIST AN APPLICANT SHALL FULFILL THE FOLLOWING  REQUIRE-
MENTS:
  A. APPLICATION: FILE AN APPLICATION WITH THE DEPARTMENT.
  B.  EDUCATION:  HAVE  AT  LEAST  A  MASTER'S DEGREE FROM AN ACCREDITED
INSTITUTION OF HIGHER LEARNING IN A HEALTH CARE RELATED FIELD  SATISFAC-
TORY  TO  THE  BOARD  OF  REGENTS, PLUS AT LEAST FIFTY HOURS OF DIDACTIC
BIOFEEDBACK EDUCATION.
  C. TRAINING AND SUPERVISION: HAVE AT LEAST ONE HUNDRED HOURS OF  CLIN-
ICAL  EXPERIENCE IN THE PRACTICE OF BIOFEEDBACK THERAPY UNDER THE SUPER-
VISION OF A PERSON WHO, BECAUSE OF EDUCATION  AND  EXPERIENCE  WOULD  BE
ELIGIBLE FOR LICENSURE OR IS LICENSED AS A BIOFEEDBACK THERAPIST.
  D.  EXAMINATION: PASS A WRITTEN AND PRACTICAL EXAMINATION SATISFACTORY
TO THE BOARD OF REGENTS.
  E. AGE: BE AT LEAST TWENTY-ONE YEARS OF AGE.
  F. CHARACTER: BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE BOARD OF
REGENTS.
  G. FEES: PAY A FEE OF ONE HUNDRED SEVENTY-FIVE DOLLARS TO THE  DEPART-
MENT  FOR  AN INITIAL LICENSE, AND AN ANNUAL FEE OF FIFTY DOLLARS THERE-
AFTER.
  2.  AN APPLICANT WHO HAS SATISFIED THE REQUIREMENTS OF SUBDIVISION ONE
OF THIS SECTION, OTHER THAN EDUCATION, MAY BE LICENSED AS A  BIOFEEDBACK
TECHNICIAN  UPON  OBTAINING  AN  ASSOCIATE'S  DEGREE  FROM AN ACCREDITED
INSTITUTION OF HIGHER LEARNING IN A HEALTH CARE RELATED FIELD  SATISFAC-
TORY TO THE BOARD OF REGENTS. SUCH TECHNICIAN WOULD BE REQUIRED TO PRAC-
TICE UNDER THE DIRECTION OF A LICENSED BIOFEEDBACK THERAPIST.
  S  6924. LIMITED PERMITS. THE DEPARTMENT MAY ISSUE A LIMITED PERMIT TO
AN APPLICANT WHO MEETS ALL REQUIREMENTS FOR LICENSURE. THE FEE FOR  EACH
LIMITED PERMIT AND EACH RENEWAL SHALL BE SEVENTY DOLLARS.
  S  6925.  EXEMPT  PERSONS.  NOTHING CONTAINED IN THIS ARTICLE SHALL BE
CONSTRUED TO PROHIBIT THE PRACTICE OF BIOFEEDBACK THERAPY  BY  QUALIFIED
HEALTH  CARE  PROFESSIONALS  LICENSED  IN  THIS STATE, OR BY STUDENTS OR
INTERNS IN HEALTH CARE EDUCATIONAL PROGRAMS. NOTHING CONTAINED  IN  THIS
ARTICLE SHALL BE CONSTRUED TO PROHIBIT THE PRACTICE OF BIOFEEDBACK THER-
APY  BY  QUALIFIED  PARA-PROFESSIONALS  WHO  ARE  SUPERVISED BY LICENSED
HEALTH CARE PROFESSIONALS QUALIFIED TO PRACTICE BIOFEEDBACK THERAPY.
  S 6926. SPECIAL PROVISIONS. ANY PERSON PRACTICING BIOFEEDBACK  THERAPY
ON THE EFFECTIVE DATE OF THIS ARTICLE, NOT OTHERWISE EXEMPT, SHALL APPLY
FOR  A LICENSE AS A  BIOFEEDBACK THERAPIST WITHIN ONE YEAR OF SUCH DATE.
PENDING LICENSURE, SUCH PERSON SHALL BE ELIGIBLE FOR A LIMITED PERMIT AS
PROVIDED IN SECTION SIXTY-NINE HUNDRED TWENTY-FOUR OF THIS ARTICLE.  ANY
PERSON WHO MEETS THE APPROPRIATE REQUIREMENTS AND  HAS BEEN CERTIFIED BY

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A  NATIONAL  CERTIFYING BODY HAVING STANDARDS ACCEPTABLE TO THE BOARD OF
REGENTS SHALL BE GRANTED A LICENSE.
  S 6927. PRACTICE RESTRICTIONS. NOTHING CONTAINED IN THIS ARTICLE SHALL
BE CONSTRUED TO CONFER THE AUTHORITY TO PRACTICE MEDICINE BY BIOFEEDBACK
THERAPISTS.
  S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law.