NY State Senate Bill 2015-S1490

Senate Bill S1490

2015-2016 Legislative Session

Authorizes the care and treatment of injured employees by duly licensed or certified acupuncturists under the workers' compensation program

download bill text pdf

Archive: Last Bill Status - In Senate Committee Labor Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2016	referred to labor
Jan 13, 2015	referred to labor

2015-S1490 (ACTIVE) - Details

See Assembly Version of this Bill:: A2541
Current Committee:: Senate Labor
Law Section:: Workers' Compensation Law
Laws Affected:: Add §13-p, Work Comp L
Versions Introduced in Other Legislative Sessions:: 2009-2010: A5289
2011-2012: S7397, A5217
2013-2014: S803, A285
2017-2018: S3434, A854
2019-2020: S4547, A2183
2021-2022: S5288, A3407
2023-2024: S6775

2015-S1490 (ACTIVE) - Summary

Authorizes the care and treatment of injured employees by licensed or certified acupuncturists under the workers' compensation program.

2015-S1490 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S1490         REVISED MEMO 01/15/2015

TITLE OF BILL:  An act to amend the workers' compensation law, in
relation to the care and treatment of injured employees by licensed or
certified acupuncturists

PURPOSE OR GENERAL IDEA OF BILL:

This bill authorizes the care and treatment of injured employees by a
duly licensed and registered acupuncturist upon the referral of an
authorized physician under the workers' compensation program.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 adds a new Section 13-p to the Workers' compensation law to
include licensed acupuncturists as eligible providers of treatment
under the workers' compensation program.

JUSTIFICATION:

The medical field of acupuncture provides positive health benefits to
patients where traditional treatments have not been successful. The
opportunity for patients to receive acupuncture services should not be
denied in cases where physicians determine that the patient would
benefit from the treatment.

Acupuncturists in New York are granted licensure upon demonstration
that they possess the professional skills and expertise required to
assure quality of care and responsible practice of medicine. To be
licensed in New York, acupuncturists not only must have national
certification, and meet state education requirements, but they must
also have extensive acupuncture clinical experience in general health
problems, diagnosis and treatment.

Current state workers' Compensation law allows for only licensed
physicians and psychologists to be reimbursed for services. This bill
allows those patients who would benefit most to receive specialized
medical treatment from qualified acupuncturists.  The bill would not
result in increased costs to the state, since the need for acupuncture
would be determined by a physician as an alternative to other
treatments, and not by the patient.

LEGISLATIVE HISTORY:

2013-14: S.803/A.285 - Referred to Labor
2011-12: S.7397/A.5217A - Referred to Labor
2009-10: A.5289 2007-08: A.11198A

FISCAL IMPLICATIONS:

None to the State.

EFFECTIVE DATE:

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.

2015-S1490 (ACTIVE) - Bill Text download pdf

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

                                  1490

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 13, 2015
                               ___________

Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
  printed to be committed 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
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,
PROVIDED  SUCH  CARE IS RENDERED BY AN ACUPUNCTURIST AS REQUIRED BY THIS
SECTION.
  (C) AN ACUPUNCTURIST RENDERING SERVICE PURSUANT TO THIS SECTION  SHALL
MAINTAIN  RECORDS  OF THE PATIENT'S CONDITION AND ACUPUNCTURE TREATMENT,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00396-01-5

S. 1490                             2

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
INTERVALS  IF  REQUESTED ON FORMS PRESCRIBED BY THE CHAIR. THE BOARD MAY

S. 1490                             3

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
ACUPUNCTURIST  AS  TO CAUSAL RELATION AND AS TO REQUIRED TREATMENT SHALL

S. 1490                             4

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

S. 1490                             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.

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