S T A T E O F N E W Y O R K
________________________________________________________________________
5329
2013-2014 Regular Sessions
I N A S S E M B L Y
February 22, 2013
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Introduced by M. of A. PRETLOW, PAULIN, LUPARDO, DenDEKKER, MAISEL,
ROBERTS, BARRON, BENEDETTO -- Multi-Sponsored by -- M. of A. ABINANTI,
AUBRY, COOK, CROUCH, GABRYSZAK, GALEF, HIKIND, KATZ, KELLNER,
PEOPLES-STOKES, RAIA, ROBINSON, THIELE, WEISENBERG, WRIGHT -- read
once and referred to the Committee on Higher Education
AN ACT to amend the education law, in relation to the licensing and
regulation of the profession of reflexology
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 155-A
to read as follows:
ARTICLE 155-A
REFLEXOLOGY
SECTION 7850. INTRODUCTION.
7851. DEFINITIONS.
7852. PRACTICE OF REFLEXOLOGY AND USE OF TITLE "REFLEXOLOGIST".
7853. STATE BOARD FOR REFLEXOLOGY.
7854. REQUIREMENTS FOR A PROFESSIONAL LICENSE.
7855. EXEMPT PERSONS.
7856. LIMITED PERMITS.
7857. SPECIAL PROVISIONS.
S 7850. INTRODUCTION. THIS ARTICLE APPLIES TO THE PROFESSION OF
REFLEXOLOGY. THE GENERAL PROVISIONS FOR ALL PROFESSIONS CONTAINED IN
ARTICLE ONE HUNDRED THIRTY OF THIS TITLE APPLY TO THIS ARTICLE.
S 7851. DEFINITIONS. AS USED IN THIS ARTICLE THE FOLLOWING TERMS SHALL
HAVE THE FOLLOWING MEANINGS:
1. "BOARD" MEANS THE STATE BOARD FOR REFLEXOLOGY CREATED BY SECTION
SEVENTY-EIGHT HUNDRED FIFTY-THREE OF THIS ARTICLE.
2. "PRACTITIONER" MEANS A PERSON WHO PRACTICES REFLEXOLOGY FOR COMPEN-
SATION AND WHO HOLDS CURRENT CERTIFICATION FROM AN ENTITY APPROVED BY
THE COMMISSIONER.
3. "REFLEXOLOGY" MEANS THE SYSTEMATIC APPLICATION OF ALTERNATING PRES-
SURE BY THE USE OF A PRACTITIONER'S HANDS, THUMBS AND FINGERS TO REFLEX
POINTS ON AN INDIVIDUAL'S HANDS, FEET, FACE OR EARS, USING ALTERNATING
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04144-02-3
A. 5329 2
PRESSURE AND SUCH TECHNIQUES AS THUMB AND FINGER WALKING, HOOK AND BACK
UP, AND ROTATION ON A REFLEX FOR THE PURPOSE OF HEALTH PROMOTION.
S 7852. PRACTICE OF REFLEXOLOGY AND USE OF TITLE "REFLEXOLOGIST". ONLY
A PERSON LICENSED OR AUTHORIZED PURSUANT TO THIS ARTICLE SHALL PRACTICE
REFLEXOLOGY AND ONLY A PERSON SO LICENSED SHALL USE THE TITLE "REFLEXOL-
OGIST". NO PERSON, FIRM, PARTNERSHIP, LIMITED LIABILITY COMPANY OR
CORPORATION SHALL DESCRIBE ITS SERVICES IN ANY MANNER UNDER THE TITLE
"REFLEXOLOGY" UNLESS SUCH SERVICES ARE PERFORMED BY A PERSON LICENSED OR
AUTHORIZED PURSUANT TO THIS ARTICLE.
S 7853. STATE BOARD FOR REFLEXOLOGY. 1. A STATE BOARD FOR REFLEXOLOGY
SHALL BE ESTABLISHED AND APPOINTED BY THE BOARD OF REGENTS ON THE RECOM-
MENDATION OF THE COMMISSIONER FOR THE PURPOSE OF ASSISTING THE BOARD OF
REGENTS AND THE DEPARTMENT ON MATTERS OF PROFESSIONAL LICENSING AND
PROFESSIONAL CONDUCT IN ACCORDANCE WITH SECTION SIXTY-FIVE HUNDRED EIGHT
OF THIS TITLE. THE BOARD SHALL BE COMPOSED OF NOT LESS THAN SEVEN
PERSONS, FOUR OF WHOM SHALL HAVE BEEN ENGAGED IN THE TEACHING, RESEARCH
OR PRACTICE OF REFLEXOLOGY FOR AT LEAST THREE YEARS, TWO OF WHOM SHALL
BE PHYSICIANS OR NURSES LICENSED IN THIS STATE AND ONE WHO SHALL BE A
PUBLIC MEMBER REPRESENTING CONSUMERS AND THE COMMUNITY. AN EXECUTIVE
SECRETARY TO THE BOARD SHALL BE APPOINTED BY THE BOARD OF REGENTS ON
RECOMMENDATION OF THE COMMISSIONER.
2. THE BOARD OF REGENTS AND THE COMMISSIONER, IN CONSULTATION WITH THE
BOARD, SHALL PROMULGATE SUCH RULES AND REGULATIONS AS THEY DEEM NECES-
SARY AND APPROPRIATE TO EFFECTUATE THE PROVISIONS OF THIS ARTICLE.
S 7854. REQUIREMENTS FOR A PROFESSIONAL LICENSE. 1. TO QUALIFY FOR A
LICENSE AS A REFLEXOLOGIST, AN APPLICANT SHALL FULFILL THE FOLLOWING
REQUIREMENTS:
(A) APPLICATION: FILE AN APPLICATION WITH THE DEPARTMENT;
(B) CERTIFICATE: HOLD A CURRENT CERTIFICATE FROM THE AMERICAN REFLEX-
OLOGY CERTIFICATION BOARD (ARCB) OR ANY OTHER INDEPENDENT NATIONAL
CERTIFICATION PROGRAM APPROVED BY THE BOARD;
(C) EDUCATION: HAVE RECEIVED AN EDUCATION, INCLUDING HIGH SCHOOL GRAD-
UATION AND GRADUATION FROM A SCHOOL OR INSTITUTE OF REFLEXOLOGY WITH A
PROGRAM REGISTERED BY THE DEPARTMENT, OR ITS SUBSTANTIAL EQUIVALENT IN
BOTH SUBJECT MATTER AND EXTENT OF TRAINING, PROVIDED THAT THE PROGRAM IN
SUCH A SCHOOL OR INSTITUTE SHALL CONSIST OF TRAINING FOR A TOTAL OF NOT
LESS THAN TWO HUNDRED HOURS IN SUBJECTS SATISFACTORY TO THE DEPARTMENT;
(D) EXAMINATION: PASS AN EXAMINATION SATISFACTORY TO THE BOARD AND IN
ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS;
(E) AGE: BE AT LEAST EIGHTEEN YEARS OF AGE;
(F) CITIZENSHIP OR IMMIGRATION STATUS: BE A UNITED STATES CITIZEN OR
AN ALIEN LAWFULLY ADMITTED FOR PERMANENT RESIDENCE IN THE UNITED STATES;
(G) CHARACTER: BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE DEPART-
MENT;
(H) CRIMINAL BACKGROUND: SUBMIT A STATEMENT CERTIFYING THAT THE APPLI-
CANT HAS NOT BEEN CONVICTED IN THIS STATE OR IN ANY OTHER STATE FOR ANY
CRIME INVOLVING VIOLENCE INFLICTED ON A PERSON OR THREATENED AGAINST A
PERSON, OR ANY SEXUALLY-RELATED CRIME; AND
(I) FEES: PAY FEES REQUIRED IN RULES ADOPTED BY THE DEPARTMENT AND THE
BOARD OF REGENTS.
2. LICENSES SHALL BE VALID FOR FOUR YEARS.
S 7855. EXEMPT PERSONS. NOTHING CONTAINED IN THIS ARTICLE SHALL BE
CONSTRUED TO PROHIBIT:
1. THE PRACTICE OF REFLEXOLOGY BY ANY PERSON WHO IS AUTHORIZED TO
PRACTICE MEDICINE, NURSING, OSTEOPATHY, CHIROPRACTIC, PHYSIOTHERAPY,
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PODIATRY OR MASSAGE THERAPY IN ACCORDANCE WITH THE PROVISIONS OF THIS
TITLE.
2. THE PRACTICE OF THAT FORM OF MASSAGE WHICH IS CUSTOMARILY GIVEN IN
BARBER SHOPS OR BEAUTY PARLORS FOR THE PURPOSE OF BEAUTIFICATION BY ANY
LICENSED BARBER OR COSMETOLOGIST.
3. THE PRACTICE OF REFLEXOLOGY BY ANY PERSON EMPLOYED IN A MEDICAL
INSTITUTION LICENSED OR CHARTERED BY THE STATE OF NEW YORK, PROVIDED
THAT SUCH PERSON IS UNDER THE ON-SITE SUPERVISION OF THE PERSON LICENSED
TO PRACTICE REFLEXOLOGY OR AUTHORIZED TO PRACTICE REFLEXOLOGY PURSUANT
TO SUBDIVISION ONE OF THIS SECTION OR BY ANY PERSON ENROLLED IN THE
PROGRAM OF A SCHOOL OR INSTITUTE OF REFLEXOLOGY REGISTERED BY THE
DEPARTMENT OR ENROLLED IN A PROGRAM WHICH SATISFIES THE REQUIREMENTS OF
SECTION SEVENTY-EIGHT HUNDRED FIFTY-FOUR OF THIS ARTICLE, PROVIDED THAT
SUCH PERSON IS UNDER THE ON-SITE SUPERVISION OF A PERSON LICENSED TO
PRACTICE REFLEXOLOGY OR AUTHORIZED TO PRACTICE REFLEXOLOGY PURSUANT TO
SUBDIVISION ONE OF THIS SECTION.
S 7856. LIMITED PERMITS. 1. THE DEPARTMENT MAY ISSUE A LIMITED PERMIT
TO PRACTICE REFLEXOLOGY AS A LICENSED REFLEXOLOGIST TO A PERSON WHO HAS
NOT PREVIOUSLY HELD SUCH A PERMIT AND WHO FULFILLS ALL EXCEPT THE EXAM-
INATION AND CITIZENSHIP REQUIREMENTS FOR A LICENSE, PROVIDED HOWEVER
THAT A PERMIT SHALL NOT BE ISSUED TO A PERSON WHO HAS FAILED THE STATE
LICENSING EXAMINATION.
2. THE LIMITED PERMIT SHALL BE VALID FOR A PERIOD OF NOT MORE THAN
TWELVE MONTHS OR UNTIL THE RESULTS OF THE NEXT LICENSING EXAMINATION FOR
WHICH THE PERSON IS ELIGIBLE ARE OFFICIALLY AVAILABLE, WHICHEVER COMES
FIRST.
3. A LIMITED PERMIT SHALL ENTITLE THE HOLDER TO PRACTICE REFLEXOLOGY
ONLY UNDER THE PERSONAL SUPERVISION OF A PERSON CURRENTLY LICENSED TO
PRACTICE REFLEXOLOGY IN THIS STATE.
4. THE FEE FOR A LIMITED PERMIT SHALL BE REQUIRED AND SHALL BE AS
ADOPTED IN THE RULES OF THE DEPARTMENT AND THE BOARD OF REGENTS.
S 7857. SPECIAL PROVISIONS. 1. NOTWITHSTANDING THE REQUIREMENTS OF
SECTIONS SEVENTY-EIGHT HUNDRED FIFTY-FOUR AND SEVENTY-EIGHT HUNDRED
FIFTY-SIX OF THIS ARTICLE, AN INDIVIDUAL CURRENTLY ENGAGING IN THE PRAC-
TICE OF REFLEXOLOGY MAY CONTINUE TO PRACTICE AFTER THE EFFECTIVE DATE OF
THIS ARTICLE, WHEN AN INDIVIDUAL FULFILLS ALL EXCEPT THE CERTIFICATION
AND APPLICATION REQUIREMENTS OF SECTION SEVENTY-EIGHT HUNDRED FIFTY-FOUR
OF THIS ARTICLE. SUCH INDIVIDUAL SHALL HAVE EIGHTEEN MONTHS TO ATTAIN
SUCH CERTIFICATION FROM THE AMERICAN REFLEXOLOGY CERTIFICATION BOARD AND
APPLY FOR A LICENSE TO PRACTICE REFLEXOLOGY.
2. FOR THE PURPOSES OF SUBDIVISION ONE OF THIS SECTION, IT SHALL BE
DETERMINED THAT THE FILING OF AN APPLICATION WITH THE DEPARTMENT ON OR
BEFORE THE EXPIRATION OF THE EIGHTEEN MONTH PERIOD SHALL QUALIFY FOR
PURPOSES OF SUCH SUBDIVISION, REGARDLESS OF THE TIME PERIOD REQUIRED FOR
PROCESSING SUCH APPLICATION.
3. ANY CERTIFICATION FROM THE AMERICAN REFLEXOLOGY CERTIFICATION BOARD
WHICH HAS BEEN ISSUED PRIOR TO THE EFFECTIVE DATE OF THIS ARTICLE SHALL
BE DEEMED VOID AND INVALID IF THE HOLDER HAS NOT MET THE EDUCATIONAL
REQUIREMENTS OF SECTION SEVENTY-EIGHT HUNDRED FIFTY-FOUR OF THIS ARTI-
CLE.
S 2. The department of education shall transmit to the state comp-
troller for deposit in the special revenues account of the department of
education all fees submitted to such department pursuant to sections
7854 and 7855 of the education law as added by section one of this act.
S 3. This act shall take effect on the sixtieth day after it shall
have become a law.