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

                                  5289

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 11, 2009
                               ___________

Introduced  by  M. of A. MENG, PHEFFER, GREENE, SPANO -- Multi-Sponsored
  by -- M. of A.  BRENNAN, COLTON, TITONE -- read once and  referred  to
  the Committee on Labor

AN  ACT  to amend the workers' compensation law, in relation to the care
  and treatment of injured employees by licensed or certified acupunctu-
  rists

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

  Section  1.  The  workers' compensation law is amended by adding a new
section 13-p to read as follows:
  S 13-P. CARE AND TREATMENT OF INJURED EMPLOYEES BY LICENSED OR  CERTI-
FIED  ACUPUNCTURISTS.  1. WHERE THE TERM "ACUPUNCTURIST" IS USED IN THIS
SECTION, SUCH TERM SHALL MEAN A PERSON WHO IS:
  (A) DULY LICENSED AND REGISTERED AS A LICENSED ACUPUNCTURIST  PURSUANT
TO ARTICLE ONE HUNDRED SIXTY OF THE EDUCATION LAW; OR
  (B) A CERTIFIED ACUPUNCTURIST PURSUANT TO SUBDIVISION THREE OF SECTION
EIGHTY-TWO HUNDRED SIXTEEN OF THE EDUCATION LAW.
  2.  (A)  AN  INJURED  EMPLOYEE, INJURED UNDER CIRCUMSTANCES WHICH MAKE
SUCH AN INJURY COMPENSABLE UNDER THIS ARTICLE, MAY LAWFULLY BE  TREATED,
UPON  THE  REFERRAL  OF  AN  AUTHORIZED  PHYSICIAN,  BY AN ACUPUNCTURIST
AUTHORIZED BY THE CHAIR TO RENDER  ACUPUNCTURE  CARE  PURSUANT  TO  THIS
SECTION.  SUCH  SERVICES  SHALL BE WITHIN THE SCOPE OF THE PROFESSION OF
ACUPUNCTURE AS DEFINED IN SUBDIVISION ONE OF SECTION EIGHTY-TWO  HUNDRED
ELEVEN OF THE EDUCATION LAW.
  (B)  MEDICAL  BUREAUS,  MEDICAL  CENTERS JOINTLY OPERATED BY LABOR AND
MANAGEMENT REPRESENTATIVES, HOSPITALS AND HEALTH  MAINTENANCE  ORGANIZA-
TIONS, AUTHORIZED TO PROVIDE MEDICAL CARE PURSUANT TO SECTION THIRTEEN-C
OF  THIS  ARTICLE,  MAY PROVIDE ACUPUNCTURE SERVICES WHEN REQUIRED, UPON
THE REFERRAL OF AN AUTHORIZED PHYSICIAN, PROVIDED SUCH CARE IS  RENDERED
BY AN ACUPUNCTURIST AS REQUIRED BY THIS SECTION.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05210-01-9

              

A. 5289                             2

  (C)  AN ACUPUNCTURIST RENDERING SERVICE PURSUANT TO THIS SECTION SHALL
MAINTAIN RECORDS OF THE PATIENT'S CONDITION AND  ACUPUNCTURE  TREATMENT,
AND  SUCH  RECORDS  OR  REPORTS  SHALL BE SUBMITTED TO THE CHAIR ON SUCH
FORMS AND AT SUCH TIMES AS THE CHAIR MAY REQUIRE.
  3.  (A) AN ACUPUNCTURIST WHO IS DESIROUS OF BEING AUTHORIZED TO RENDER
ACUPUNCTURE SERVICES UNDER THIS SECTION SHALL FILE  AN  APPLICATION  FOR
AUTHORIZATION  UNDER  THIS SECTION WITH THE ACUPUNCTURE PRACTICE COMMIT-
TEE. THE APPLICANT SHALL AGREE TO REFRAIN FROM SUBSEQUENTLY TREATING FOR
REMUNERATION, AS A  PRIVATE  PATIENT,  ANY  PERSON  SEEKING  ACUPUNCTURE
SERVICES,  IN CONNECTION WITH, OR AS A RESULT OF, ANY INJURY COMPENSABLE
UNDER THIS CHAPTER, IF HE OR SHE HAS  BEEN  REMOVED  FROM  THE  LIST  OF
ACUPUNCTURISTS  AUTHORIZED  TO RENDER SERVICES UNDER THIS CHAPTER.  THIS
AGREEMENT SHALL RUN TO THE BENEFIT OF THE INJURED PERSON SO TREATED, AND
SHALL BE AVAILABLE AS A DEFENSE IN ANY ACTION BY SUCH ACUPUNCTURIST  FOR
PAYMENT FOR TREATMENT RENDERED BY SUCH ACUPUNCTURIST AFTER BEING REMOVED
FROM  THE  LIST  OF  ACUPUNCTURISTS  AUTHORIZED  TO  RENDER  ACUPUNCTURE
SERVICES UNDER THIS SECTION. THE ACUPUNCTURE PRACTICE  COMMITTEE  IF  IT
DEEMS  SUCH  ACUPUNCTURIST  DULY  QUALIFIED SHALL RECOMMEND TO THE CHAIR
THAT SUCH PERSON BE AUTHORIZED TO RENDER ACUPUNCTURE SERVICES UNDER THIS
SECTION.  SUCH RECOMMENDATIONS SHALL BE ONLY ADVISORY TO THE  CHAIR  AND
SHALL NOT BE BINDING OR CONCLUSIVE.
  (B)  THE CHAIR SHALL PREPARE AND ESTABLISH A SCHEDULE FOR THE STATE OR
SCHEDULES LIMITED TO DEFINED LOCALITIES OF CHARGES AND FEES FOR ACUPUNC-
TURE TREATMENT AND CARE, TO BE DETERMINED  IN  ACCORDANCE  WITH  AND  BE
SUBJECT  TO  CHANGE  PURSUANT  TO RULES PROMULGATED BY THE CHAIR. BEFORE
PREPARING SUCH SCHEDULE FOR THE STATE OR SCHEDULES FOR  LIMITED  LOCALI-
TIES  THE  CHAIR  SHALL  REQUEST  THE  ACUPUNCTURE PRACTICE COMMITTEE TO
SUBMIT TO SUCH CHAIR A REPORT ON THE AMOUNT OF  REMUNERATION  DEEMED  BY
SUCH  COMMITTEE  TO  BE  FAIR  AND ADEQUATE FOR THE TYPES OF ACUPUNCTURE
SERVICES TO BE RENDERED UNDER THIS CHAPTER, BUT CONSIDERATION  SHALL  BE
GIVEN  TO  THE VIEW OF OTHER INTERESTED PARTIES.  THE AMOUNTS PAYABLE BY
THE EMPLOYER FOR SUCH TREATMENT AND  SERVICES  SHALL  BE  THE  FEES  AND
CHARGES ESTABLISHED BY SUCH SCHEDULE.
  (C)  IN DETERMINING THE SCHEDULE OR SCHEDULES AS PROVIDED IN PARAGRAPH
(B) OF THIS SUBDIVISION, THE CHAIR  SHALL  MAKE  A  DISTINCTION  BETWEEN
TREATMENT  RENDERED  BY  A  DULY  LICENSED  AND REGISTERED ACUPUNCTURIST
SUBJECT TO THE PROVISIONS OF ARTICLE ONE HUNDRED SIXTY OF THE  EDUCATION
LAW  AND  A CERTIFIED ACUPUNCTURIST SUBJECT TO THE PROVISIONS OF SECTION
EIGHTY-TWO HUNDRED SIXTEEN OF THE EDUCATION LAW,  AND  THE  CHAIR  SHALL
PREPARE AND ESTABLISH A SCHEDULE OR SCHEDULES REFLECTING FEES AND CHARG-
ES APPROPRIATE TO THE NATURE AND SCOPE OF THE TREATMENT RENDERED BY EACH
TYPE  OF  PRACTITIONER, GIVING DUE CONSIDERATION TO ALL RELEVANT FACTORS
INCLUDING, BUT NOT LIMITED TO, THE LEVEL OF EDUCATION OF THE PRACTITION-
ER, THE TYPE OF TREATMENT RENDERED, WHETHER THE ACUPUNCTURE TREATMENT IS
BEING PROVIDED AS THE PRINCIPAL TREATMENT OR AS  AN  ADJUNCT  TREATMENT,
AND  THE  BILLING PRACTICES ENTAILED, INCLUDING WHETHER THE PRACTITIONER
SUBMITS ONE COMPREHENSIVE BILL OR BILLS SEPARATELY FOR  THE  ACUPUNCTURE
TREATMENT, OFFICE VISITS AND OTHER ITEMS.
  4.  (A) NO CLAIM FOR ACUPUNCTURE SERVICES SHALL BE VALID AND ENFORCEA-
BLE AS AGAINST THE EMPLOYER OR EMPLOYEES UNLESS WITHIN FORTY-EIGHT HOURS
FOLLOWING THE FIRST TREATMENT THE  ACUPUNCTURIST  GIVING  SUCH  CARE  OR
TREATMENT FURNISHES TO THE EMPLOYER AND DIRECTLY TO THE CHAIR A PRELIMI-
NARY NOTICE OF SUCH INJURY AND TREATMENT, AND WITHIN FIFTEEN DAYS THERE-
AFTER  A MORE COMPLETE REPORT AND SUBSEQUENT THERETO PROGRESS REPORTS AS
REQUESTED IN WRITING BY THE CHAIR, BOARD, EMPLOYER OR INSURANCE CARRIER,
AT INTERVALS OF NOT LESS THAN THREE WEEKS  APART  OR  AT  LESS  FREQUENT

A. 5289                             3

INTERVALS  IF  REQUESTED ON FORMS PRESCRIBED BY THE CHAIR. THE BOARD MAY
EXCUSE THE FAILURE TO GIVE SUCH NOTICES WITHIN  THE  DESIGNATED  PERIODS
WHEN IT FINDS IT TO BE IN THE INTEREST OF JUSTICE TO DO SO.
  (B)  UPON  RECEIPT OF THE NOTICE PROVIDED FOR BY PARAGRAPH (A) OF THIS
SUBDIVISION, THE EMPLOYER SHALL BE ENTITLED TO HAVE THE  CLAIMANT  EXAM-
INED  BY AN ACUPUNCTURIST AT A PLACE REASONABLY CONVENIENT TO THE CLAIM-
ANT AND IN THE PRESENCE OF THE CLAIMANT'S ACUPUNCTURIST, AND REFUSAL  BY
THE  CLAIMANT TO SUBMIT TO SUCH EXAMINATION AT SUCH TIME OR TIMES AS MAY
REASONABLY BE NECESSARY IN THE OPINION OF THE BOARD SHALL BAR THE CLAIM-
ANT FROM RECOVERING COMPENSATION, FOR ANY PERIOD DURING WHICH HE OR  SHE
HAS REFUSED TO SUBMIT TO SUCH EXAMINATION.
  5.  FEES  FOR  ACUPUNCTURE  SERVICES  SHALL  BE PAYABLE ONLY TO A DULY
LICENSED OR CERTIFIED ACUPUNCTURIST  PURSUANT  TO  ARTICLE  ONE  HUNDRED
SIXTY  OF  THE EDUCATION LAW, OR TO THE AGENT, EXECUTOR OR ADMINISTRATOR
OF THE ESTATE OF SUCH ACUPUNCTURIST.  NO ACUPUNCTURIST RENDERING  TREAT-
MENT TO A COMPENSATION CLAIMANT SHALL COLLECT OR RECEIVE A FEE FROM SUCH
CLAIMANT  WITHIN  THIS  STATE,  BUT  SHALL  HAVE RECOURSE FOR PAYMENT OF
SERVICES RENDERED ONLY TO THE EMPLOYER  UNDER  THE  PROVISIONS  OF  THIS
SECTION.
  6.  WHENEVER  HIS  OR  HER  ATTENDANCE  AT  A HEARING IS REQUIRED, THE
ACUPUNCTURIST OF THE INJURED EMPLOYEE SHALL BE ENTITLED TO RECEIVE A FEE
FROM THE EMPLOYER IN AN AMOUNT TO BE FIXED BY THE BOARD, IN ADDITION  TO
ANY  FEE  PAYABLE UNDER SECTION EIGHT THOUSAND ONE OF THE CIVIL PRACTICE
LAW AND RULES.
  7. (A) UNLESS WITHIN THIRTY DAYS AFTER A BILL HAS BEEN RENDERED TO THE
EMPLOYER BY THE ACUPUNCTURIST WHO HAS TREATED AN INJURED EMPLOYEE,  SUCH
EMPLOYER SHALL HAVE NOTIFIED THE CHAIR AND SUCH ACUPUNCTURIST IN WRITING
THAT  SUCH  EMPLOYER DEMANDS AN IMPARTIAL EXAMINATION OF THE FAIRNESS OF
THE AMOUNT CLAIMED BY SUCH ACUPUNCTURIST FOR HIS OR  HER  SERVICES,  THE
RIGHT  TO SUCH AN IMPARTIAL EXAMINATION SHALL BE DEEMED TO BE WAIVED AND
THE AMOUNT CLAIMED BY SUCH ACUPUNCTURIST SHALL BE DEEMED TO BE THE  FAIR
VALUE  OF THE SERVICES RENDERED.  IF THE PARTIES FAIL TO AGREE AS TO THE
ACUPUNCTURE CARE RENDERED UNDER THIS CHAPTER TO A CLAIMANT,  SUCH  VALUE
SHALL  BE DECIDED BY THE ACUPUNCTURE PRACTICE COMMITTEE AND THE MAJORITY
DECISION OF SUCH COMMITTEE SHALL BE CONCLUSIVE UPON THE  PARTIES  AS  TO
THE  VALUE OF THE SERVICES RENDERED. THE BOARD MAY MAKE AN AWARD FOR ANY
SUCH BILL OR PART THEREOF WHICH REMAINS UNPAID IN THE SAME MANNER AS  AN
AWARD  FOR  BILLS  RENDERED  UNDER SUBDIVISIONS ONE AND THREE OF SECTION
THIRTEEN-G OF THIS ARTICLE, AND SUCH AWARD  MAY  BE  COLLECTED  IN  LIKE
MANNER  AS  AN  AWARD OF COMPENSATION. THE CHAIR SHALL ASSESS THE SUM OF
FIFTY DOLLARS AGAINST THE EMPLOYER FOR  EACH  SUCH  AWARD  MADE  BY  THE
BOARD, WHICH SUM SHALL BE PAID INTO THE STATE TREASURY.
  (B)  WHERE  AN  ACUPUNCTURIST'S BILL HAS BEEN DETERMINED TO BE DUE AND
OWING IN ACCORDANCE WITH THE PROVISIONS OF THIS SECTION, THE  BOARD  MAY
IMPOSE  A PENALTY OF NOT MORE THAN ONE AND ONE-HALF PERCENT INTEREST PER
MONTH PAYABLE TO THE ACUPUNCTURIST IN  ACCORDANCE  WITH  THE  RULES  AND
REGULATIONS PROMULGATED BY THE BOARD.
  (C)  THE  PARTIES TO SUCH PROCEEDING SHALL EACH PAY TO THE CHAIR A SUM
EQUAL TO FIVE PER CENTUM OF THE AMOUNT PAYABLE  UNDER  THE  DECISION  OF
SUCH  COMMITTEE  OR A MINIMUM OF FIVE DOLLARS, WHICHEVER IS GREATER. THE
SUMS SO COLLECTED SHALL BE TRANSFERRED TO THE STATE  TREASURY  TO  REIM-
BURSE IT ON ACCOUNT OF THE EXPENSE OF ADMINISTERING THIS SECTION.
  8.  WITHIN  THE LIMITS PRESCRIBED BY THE EDUCATION LAW FOR ACUPUNCTURE
SERVICES,  THE  REPORT  OR  TESTIMONY  OF  AN  AUTHORIZED  ACUPUNCTURIST
CONCERNING  THE  CONDITION  OF AN INJURED EMPLOYEE AND TREATMENT THEREOF
SHALL BE DEEMED COMPETENT EVIDENCE AND THE PROFESSIONAL OPINION  OF  THE

A. 5289                             4

ACUPUNCTURIST  AS  TO CAUSAL RELATION AND AS TO REQUIRED TREATMENT SHALL
BE DEEMED COMPETENT BUT  SHALL  NOT  BE  CONTROLLING.  NOTHING  IN  THIS
SECTION  SHALL BE DEEMED TO DEPRIVE ANY EMPLOYER OR INSURANCE CARRIER OF
ANY  RIGHT TO A MEDICAL EXAMINATION OR PRESENTATION OF MEDICAL TESTIMONY
NOW CONFERRED BY LAW.
  9. THE CHAIR SHALL PROMULGATE RULES  GOVERNING  THE  PROCEDURE  TO  BE
FOLLOWED  BY  THOSE  RENDERING  ACUPUNCTURE SERVICES UNDER THIS SECTION,
WHICH RULES SO FAR AS PRACTICABLE SHALL CONFORM TO THE  RULES  PRESENTLY
IN EFFECT WITH REFERENCE TO MEDICAL CARE FURNISHED TO CLAIMANTS IN WORK-
ERS' COMPENSATION. IN CONNECTION WITH THE PROMULGATION OF SUCH RULES THE
CHAIR  MAY  CONSULT THE ACUPUNCTURE PRACTICE COMMITTEE AND MAY TAKE INTO
CONSIDERATION THE VIEW OF OTHER INTERESTED PARTIES.
  10. THE CHAIR SHALL APPOINT FOR AND WITH JURISDICTION  IN  THE  ENTIRE
STATE  OF  NEW  YORK A SINGLE ACUPUNCTURE PRACTICE COMMITTEE COMPOSED OF
TWO LICENSED ACUPUNCTURISTS, AND ONE  DULY  LICENSED  PHYSICIAN  OF  THE
STATE  OF  NEW YORK. EACH MEMBER OF SUCH COMMITTEE SHALL RECEIVE COMPEN-
SATION EITHER ON AN ANNUAL BASIS OR ON A PER DIEM BASIS TO BE  FIXED  BY
THE  CHAIR  WITHIN  AMOUNTS  APPROPRIATED THEREFOR. ONE OF SUCH LICENSED
ACUPUNCTURISTS SHALL BE DESIGNATED BY THE  CHAIR  AS  A  CHAIR  OF  SUCH
ACUPUNCTURE PRACTICE COMMITTEE. NO MEMBER OF SUCH COMMITTEE SHALL RENDER
ACUPUNCTURE  SERVICES UNDER THIS SECTION NOR BE AN EMPLOYER OR ACCEPT OR
PARTICIPATE IN ANY FEE FROM ANY INSURANCE COMPANY  AUTHORIZED  TO  WRITE
WORKERS'  COMPENSATION INSURANCE IN THIS STATE OR FROM ANY SELF-INSURER,
WHETHER SUCH EMPLOYMENT OR FEE RELATES TO A WORKERS' COMPENSATION  CLAIM
OR  OTHERWISE.  THE  ATTORNEY  GENERAL,  UPON  REQUEST, SHALL ADVISE AND
ASSIST SUCH COMMITTEE.
  11. THE ACUPUNCTURE PRACTICE COMMITTEE  SHALL  INVESTIGATE,  HEAR  AND
MAKE  FINDINGS  WITH  RESPECT TO ALL CHARGES AS TO PROFESSIONAL OR OTHER
MISCONDUCT OF ANY AUTHORIZED ACUPUNCTURISTS AS PROVIDED IN THIS  SECTION
UNDER  RULES  AND  PROCEDURES  TO  BE  PRESCRIBED BY THE CHAIR AND SHALL
REPORT EVIDENCE OF SUCH MISCONDUCT, WITH THEIR FINDINGS AND  RECOMMENDA-
TIONS  WITH  RESPECT  THERETO, TO THE CHAIR.  THE FINDINGS, DECISION AND
RECOMMENDATION OF SUCH ACUPUNCTURE PRACTICE COMMITTEE SHALL BE  ADVISORY
TO  THE  CHAIR  ONLY, AND SHALL NOT BE BINDING OR CONCLUSIVE UPON HIM OR
HER. THE CHAIR SHALL REMOVE FROM THE LIST OF  ACUPUNCTURISTS  AUTHORIZED
TO  RENDER  ACUPUNCTURE  SERVICES UNDER THIS CHAPTER OR TO CONDUCT INDE-
PENDENT EXAMINATIONS IN ACCORDANCE WITH  PARAGRAPH  (B)  OF  SUBDIVISION
FOUR  OF  THIS SECTION THE NAME OF ANY ACUPUNCTURIST WHO HE OR SHE SHALL
FIND  AFTER  REASONABLE  INVESTIGATION  IS  DISQUALIFIED  BECAUSE   SUCH
ACUPUNCTURIST:
  (A) HAS BEEN GUILTY OF PROFESSIONAL OR OTHER MISCONDUCT OR INCOMPETEN-
CY IN CONNECTION WITH THE RENDERING OF ACUPUNCTURE SERVICES,
  (B)  HAS  EXCEEDED THE LIMITS OF HIS OR HER PROFESSIONAL COMPETENCE IN
RENDERING ACUPUNCTURE SERVICES UNDER THE LAW, OR HAS MADE  FALSE  STATE-
MENTS REGARDING QUALIFICATIONS IN THE APPLICATION FOR AUTHORIZATION,
  (C)  HAS FAILED TO SUBMIT TIMELY, FULL AND TRUTHFUL ACUPUNCTURE EVALU-
ATION AND TREATMENT REPORTS OF ALL FINDINGS TO THE EMPLOYER AND DIRECTLY
TO THE CHAIR OF THE BOARD  WITHIN  THE  TIME  LIMITS  PROVIDED  IN  THIS
SECTION,
  (D)  HAS  RENDERED  ACUPUNCTURE  SERVICES UNDER THIS CHAPTER FOR A FEE
LESS THAN THAT FIXED IN THE FEE SCHEDULE,
  (E) HAS SOLICITED OR HAS EMPLOYED ANOTHER TO SOLICIT  FOR  HIMSELF  OR
HERSELF OR FOR ANOTHER PROFESSIONAL TREATMENT, EXAMINATION OR CARE OF AN
INJURED EMPLOYEE WITH ANY CLAIM UNDER THIS CHAPTER,
  (F)  HAS REFUSED TO APPEAR BEFORE OR ANSWER UPON REQUEST OF THE CHAIR,
BOARD, ACUPUNCTURE PRACTICE COMMITTEE OR ANY DULY AUTHORIZED OFFICER  OF

A. 5289                             5

THE  STATE,  ANY  LEGAL  QUESTION  OR PRODUCE ANY RELEVANT BOOK OR PAPER
CONCERNING CONDUCT UNDER AN AUTHORIZATION GRANTED UNDER LAW, OR
  (G)  HAS DIRECTLY OR INDIRECTLY REQUESTED, RECEIVED OR PARTICIPATED IN
THE DIVISION, TRANSFERENCE, ASSIGNMENT, REBATING, SPLITTING OR REFUNDING
OF A FEE FOR, OR HAS DIRECTLY OR INDIRECTLY REQUESTED, RECEIVED OR PROF-
ITED BY MEANS OF A CREDIT  OR  OTHERWISE  VALUABLE  CONSIDERATION  AS  A
COMMISSION,  DISCOUNT  OR GRATUITY IN CONNECTION WITH THE TREATMENT OF A
WORKERS' COMPENSATION CLAIMANT.
  12. ANY PERSON WHO VIOLATES OR ATTEMPTS TO VIOLATE, AND ANY PERSON WHO
AIDS ANOTHER TO VIOLATE OR ATTEMPTS TO INDUCE HIM OR HER TO VIOLATE  THE
PROVISIONS  OF PARAGRAPH (G) OF SUBDIVISION ELEVEN OF THIS SECTION SHALL
BE GUILTY OF A MISDEMEANOR.
  13. NOTHING IN THIS SECTION SHALL BE  CONSTRUED  AS  LIMITING  IN  ANY
RESPECT  THE  POWER  OR  DUTY  OF  THE CHAIR TO INVESTIGATE INSTANCES OF
MISCONDUCT, EITHER BEFORE OR  AFTER  INVESTIGATION  BY  THE  ACUPUNCTURE
PRACTICE  COMMITTEE,  OR TO TEMPORARILY SUSPEND THE AUTHORIZATION OF ANY
ACUPUNCTURIST BELIEVED TO BE GUILTY OF SUCH MISCONDUCT.  THE  PROVISIONS
OF  SUBDIVISION  ONE OF SECTION THIRTEEN-D OF THIS ARTICLE WHICH ARE NOT
INCONSISTENT WITH THE PROVISIONS OF THIS SECTION SHALL BE APPLICABLE  AS
IF FULLY SET FORTH IN THIS SECTION.
  14.  NOTHING  CONTAINED  IN THIS SECTION SHALL PROHIBIT ACUPUNCTURISTS
WHO PRACTICE AS PARTNERS, IN GROUPS OR  AS  A  PROFESSIONAL  CORPORATION
FROM  POOLING  FEES  AND  MONEYS  RECEIVED,  EITHER  BY THE PARTNERSHIP,
PROFESSIONAL CORPORATION OR GROUP OR BY THE INDIVIDUAL MEMBERS  THEREOF,
FOR  PROFESSIONAL  SERVICES  FURNISHED  BY  ANY  INDIVIDUAL PROFESSIONAL
MEMBER, OR EMPLOYEE OF SUCH PARTNERSHIP, CORPORATION OR GROUP, NOR SHALL
THE PROFESSIONALS CONSTITUTING THE PARTNERSHIPS, CORPORATIONS, OR GROUPS
BE PROHIBITED FROM SHARING, DIVIDING OR APPORTIONING THE FEES AND MONEYS
RECEIVED BY THEM OR BY THE PARTNERSHIP, CORPORATION OR GROUP IN  ACCORD-
ANCE WITH A PARTNERSHIP OR OTHER AGREEMENT.
  S 2. This act shall take effect on the one hundred eightieth day after
it  shall  have  become a law. Provided, that effective immediately, the
addition, amendment and/or repeal of any rules and regulations necessary
to implement the provisions of  this  act  on  its  effective  date  are
authorized  and  directed  to  be  completed on or before such effective
date.