S T A T E   O F   N E W   Y O R K
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                                 3953--A

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            January 30, 2013
                               ___________

Introduced by M. of A. PRETLOW -- Multi-Sponsored by -- M. of A. CROUCH,
  MAGEE  --  read once and referred to the Committee on Higher Education
  -- recommitted to the Committee on Higher Education in accordance with
  Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered
  reprinted as amended and recommitted to said committee

AN ACT to amend the education law, in relation to the practice of neuro-
  feedback 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
                     NEUROFEEDBACK THERAPY PRACTICES
SECTION 6920. DEFINITION OF PRACTICE OF NEUROFEEDBACK THERAPY.
        6921. AUTHORIZED PRACTICE.
        6922. STATE BOARD OF NEUROFEEDBACK THERAPY.
        6923. REQUIREMENTS FOR A LICENSE.
        6924. LIMITED PERMITS.
        6925. EXEMPT PERSONS.
        6926. SPECIAL PROVISIONS.
        6927. PRACTICE RESTRICTIONS.
  S 6920. DEFINITION OF PRACTICE OF NEUROFEEDBACK THERAPY. THE  PRACTICE
OF  NEUROFEEDBACK THERAPY IS THE USE OF SENSITIVE INSTRUMENTS TO MEASURE
ELECTROPHYSIOLOGICAL 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 SYMP-
TOMS  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 NEUROFEEDBACK THERAPIST INCLUDE, BUT ARE NOT LIMIT-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07616-02-4

              

A. 3953--A                          2

ED TO, DIAPHRAGMATIC BREATHING, PROGRESSIVE RELAXATION, AUTOGENIC TRAIN-
ING, IMAGERY, PSYCHOPHYSIOLOGICAL THERAPY AND COGNITIVE RESTRUCTURING.
  S  6921.  AUTHORIZED  PRACTICE.  ONLY  A PERSON LICENSED OR AUTHORIZED
PURSUANT TO THIS ARTICLE TO PRACTICE NEUROFEEDBACK SHALL USE  THE  TITLE
"NEUROFEEDBACK THERAPIST".
  S  6922.  STATE  BOARD OF NEUROFEEDBACK THERAPY. 1. THE STATE BOARD OF
NEUROFEEDBACK THERAPY SHALL BE APPOINTED BY  THE  BOARD  OF  REGENTS  ON
RECOMMENDATION  OF  THE  COMMISSIONER  FOR  THE PURPOSE OF ASSISTING THE
BOARD OF REGENTS ON MATTERS OF LICENSING AND CONDUCT. THE STATE BOARD OF
NEUROFEEDBACK THERAPY  SHALL  BE  COMPOSED  OF  SEVEN  MEMBERS.  INITIAL
APPOINTMENTS  TO  THE STATE BOARD OF NEUROFEEDBACK 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
NEUROFEEDBACK   THERAPIST  AN  APPLICANT  SHALL  FULFILL  THE  FOLLOWING
REQUIREMENTS:
  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 EDUCATION OR A HEALTH CARE RELATED
FIELD SATISFACTORY TO THE BOARD OF REGENTS, PLUS AT LEAST FIFTY HOURS OF
DIDACTIC NEUROFEEDBACK EDUCATION.
  C. TRAINING AND SUPERVISION: HAVE AT LEAST ONE HUNDRED HOURS OF  CLIN-
ICAL  EXPERIENCE  IN  THE  PRACTICE  OF  NEUROFEEDBACK THERAPY UNDER THE
SUPERVISION OF A PERSON WHO, BECAUSE OF EDUCATION AND  EXPERIENCE  WOULD
BE ELIGIBLE FOR LICENSURE OR IS LICENSED AS A NEUROFEEDBACK 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 TWO HUNDRED FIFTY DOLLARS TO THE DEPARTMENT  FOR
AN INITIAL LICENSE, AND AN ANNUAL FEE OF FIFTY DOLLARS THEREAFTER.
  2.  AN APPLICANT WHO HAS SATISFIED THE REQUIREMENTS OF SUBDIVISION ONE
OF  THIS  SECTION, OTHER THAN EDUCATION, MAY BE LICENSED AS A NEUROFEED-
BACK TECHNICIAN UPON OBTAINING A BACHELOR'S DEGREE  FROM  AN  ACCREDITED
INSTITUTION  OF  HIGHER  LEARNING  IN  EDUCATION,  A HEALTH CARE RELATED
FIELD, OR HOLD CERTIFICATION FROM A NATIONALLY RECOGNIZED BODY SATISFAC-
TORY TO THE BOARD OF REGENTS. SUCH TECHNICIAN WOULD BE REQUIRED TO PRAC-
TICE UNDER THE DIRECTION OF A LICENSED NEUROFEEDBACK 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 NEUROFEEDBACK 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 NEUROFEEDBACK
THERAPY BY QUALIFIED PARA-PROFESSIONALS WHO ARE SUPERVISED  BY  LICENSED
HEALTH CARE PROFESSIONALS QUALIFIED TO PRACTICE NEUROFEEDBACK THERAPY.
  S 6926. SPECIAL PROVISIONS. ANY PERSON PRACTICING NEUROFEEDBACK THERA-
PY  ON  THE  EFFECTIVE DATE OF THIS ARTICLE, NOT OTHERWISE EXEMPT, SHALL
APPLY FOR A LICENSE AS A NEUROFEEDBACK THERAPIST WITHIN ONE YEAR OF SUCH
DATE.  PENDING LICENSURE, SUCH PERSON SHALL BE ELIGIBLE  FOR  A  LIMITED

A. 3953--A                          3

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 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 NEUROFEED-
BACK THERAPISTS.
  S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law.