S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5984
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 26, 2019
                                ___________
 
 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  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 "LICENSED REFLEX-
               OLOGIST".
         7853. REFLEXOLOGY SEAT ON THE STATE BOARD FOR MASSAGE THERAPY.
         7854. REQUIREMENTS FOR A PROFESSIONAL LICENSE.
         7855. EXEMPT PERSONS.
         7856. LIMITED PERMITS.
         7857. SPECIAL PROVISIONS.
   §  7850.  INTRODUCTION.  THIS  ARTICLE  APPLIES  TO  THE PROFESSION OF
 REFLEXOLOGY.  THE EFFECTIVENESS OF REFLEXOLOGY IS RECOGNIZED BY  VARIOUS
 NATIONAL  HEALTH  INSTITUTIONS  AND  THE  PUBLIC  AT LARGE AS A DISTINCT
 COMPLEMENTARY PRACTICE WITHIN THE HOLISTIC HEALTH FIELD.    THE  GENERAL
 PROVISIONS  FOR  ALL PROFESSIONS CONTAINED IN ARTICLE ONE HUNDRED THIRTY
 OF THIS TITLE APPLY TO THIS ARTICLE.
   § 7851. DEFINITIONS. AS USED IN THIS ARTICLE THE FOLLOWING TERMS SHALL
 HAVE THE FOLLOWING MEANINGS:
   1. "LICENSED REFLEXOLOGIST" MEANS A PERSON WHO  PRACTICES  REFLEXOLOGY
 AND  WHO IS LICENSED BY THE DEPARTMENT OR FROM AN ENTITY APPROVED BY THE
 COMMISSIONER.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09964-01-9
              

 A. 5984                             2
 
   2. "REFLEXOLOGY" MEANS A PROTOCOL OF MANUAL TECHNIQUES, SUCH AS  THUMB
 AND  FINGER-WALKING, HOOK AND BACKUP AND ROTATING-ON-A-POINT, APPLIED TO
 SPECIFIC REFLEX AREAS PREDOMINANTLY ON THE FEET AND HANDS  TO  STIMULATE
 THE  COMPLEX NEURAL PATHWAYS LINKING BODY SYSTEMS AND SUPPORT THE BODY'S
 EFFORTS TO FUNCTION OPTIMALLY.
   3. "DEPARTMENT" MEANS THE DEPARTMENT OF EDUCATION.
   §  7852. PRACTICE OF REFLEXOLOGY AND USE OF TITLE "LICENSED REFLEXOLO-
 GIST". ONLY A PERSON LICENSED OR AUTHORIZED  PURSUANT  TO  THIS  ARTICLE
 SHALL  PRACTICE  REFLEXOLOGY AND ONLY A PERSON SO LICENSED SHALL USE THE
 TITLE "LICENSED REFLEXOLOGIST". 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.
   §  7853.  REFLEXOLOGY  SEAT ON THE STATE BOARD FOR MASSAGE THERAPY. 1.
 THE STATE BOARD FOR MASSAGE THERAPY SHALL ESTABLISH A SEAT ON SUCH BOARD
 FOR REFLEXOLOGY AND A MEMBER SHALL BE APPOINTED BY THE BOARD OF  REGENTS
 ON  THE  RECOMMENDATION 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 MEMBER SHALL HAVE PRACTICED
 REFLEXOLOGY FOR AT LEAST THREE YEARS.
   2. THE MASSAGE THERAPY BOARD, IN CONSULTATION WITH AN ADVISORY COMMIT-
 TEE OF FIVE REFLEXOLOGISTS CURRENTLY ENGAGED IN THE PRACTICE OF  REFLEX-
 OLOGY  APPOINTED  BY THE BOARD OF REGENTS, SHALL ADVISE, ASSIST AND MAKE
 RECOMMENDATIONS REGARDING THE PROMULGATION OF SUCH RULES AND REGULATIONS
 AS DEEMED NECESSARY AND APPROPRIATE TO EFFECTUATE THE PROVISIONS OF THIS
 ARTICLE;  PROVIDED,  HOWEVER,  THAT  THE  ADVISORY  COMMITTEE  SHALL  BE
 DISSOLVED  ONE  HUNDRED  EIGHTY  DAYS  AFTER  THE EFFECTIVE DATE OF THIS
 SECTION.
   § 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) EDUCATION: HAVE RECEIVED AN EDUCATION, INCLUDING HIGH SCHOOL GRAD-
 UATION OR ITS EQUIVALENT AND GRADUATION FROM A SCHOOL  OR  INSTITUTE  OF
 REFLEXOLOGY WITH A PROGRAM REGISTERED BY THE DEPARTMENT, OR ITS SUBSTAN-
 TIAL EQUIVALENT IN BOTH SUBJECT MATTER AND EXTENT OF TRAINING, BY ACTUAL
 CLASS ATTENDANCE PROVIDED THAT THE PROGRAM IN SUCH A SCHOOL OR INSTITUTE
 SHALL CONSIST OF A TRAINING PROGRAM ACCEPTABLE TO THE DEPARTMENT;
   (C)  EXAMINATION: PASS AN EXAMINATION SATISFACTORY TO THE BOARD AND IN
 ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS;
   (D) AGE: BE AT LEAST EIGHTEEN YEARS OF AGE;
   (E) CHARACTER: BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE DEPART-
 MENT; AND
   (F) FEES: PAY FEES REQUIRED IN RULES ADOPTED BY THE DEPARTMENT AND THE
 BOARD OF REGENTS.
   2. LICENSES SHALL BE VALID FOR THREE YEARS.    THE  PRACTITIONER  MUST
 RE-REGISTER WITH THE DEPARTMENT EVERY THREE YEARS THEREAFTER TO MAINTAIN
 ACTIVE LICENSING STATUS.
   §  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, CHIROPRACTIC, PHYSICAL THERAPY, PODIATRY OR
 MASSAGE THERAPY IN ACCORDANCE WITH THE PROVISIONS OF THIS TITLE.

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   2. THE PRACTICE 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 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 SEVEN-
 TY-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 SUBDIVI-
 SION ONE OF THIS SECTION.
   § 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  REQUIREMENTS
 EXCEPT  THE  EXAMINATION  FOR  A LICENSE, PROVIDED HOWEVER THAT A PERMIT
 SHALL NOT BE ISSUED TO A PERSON WHO HAS FAILED THE STATE LICENSING EXAM-
 INATION.
   2. THE DEPARTMENT SHALL LIMIT THE NUMBER OF TIMES A  PERSON  MAY  TAKE
 THE EXAMINATION IN A GIVEN YEAR.
   3.  THE  LIMITED  PERMIT  SHALL BE VALID FOR A PERIOD OF NOT MORE THAN
 TWELVE MONTHS OR RENEWED ONCE FOR ONE YEAR  AT  THE  DISCRETION  OF  THE
 BOARD  UNTIL THE RESULTS OF THE NEXT LICENSING EXAMINATION FOR WHICH THE
 PERSON IS ELIGIBLE ARE OFFICIALLY AVAILABLE, WHICHEVER COMES FIRST.
   4. 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.
   5. 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.
   §  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  FROM  THE
 EFFECTIVE  DATE  OF THIS SECTION TO APPLY TO THE DEPARTMENT FOR EXAMINA-
 TION AND/OR A LICENSE TO PRACTICE REFLEXOLOGY AND MAY  PRACTICE  IN  THE
 INTERIM.
   2. FOR A LIMITED TIME PERIOD OF THREE YEARS FROM THE EFFECTIVE DATE OF
 THIS  SECTION THE DEPARTMENT MAY CERTIFY AN APPLICANT AS A REFLEXOLOGIST
 WITHOUT EXAMINATION IF THE APPLICANT:
   (A) FILES AN APPLICATION WITH THE DEPARTMENT; AND
   (B) IS AT LEAST EIGHTEEN YEARS OF AGE; AND
   (C) HAS COMPLETED A REFLEXOLOGY PROGRAM WITH A MINIMUM OF TWO  HUNDRED
 HOURS OF IN-CLASS TRAINING; AND
   (D)  PROVIDES DOCUMENTATION DEMONSTRATING THAT THE APPLICANT HAS PRAC-
 TICED REFLEXOLOGY FOR AT LEAST FIFTEEN HOURS PER WEEK FOR AT LEAST THREE
 YEARS PRIOR TO THE APPLICATION; OR
   (E) IS CERTIFIED BY A NATIONAL CERTIFYING BOARD WITH A PSYCHOMETRICAL-
 LY VALID EXAM FOR REFLEXOLOGY APPROVED BY THE DEPARTMENT; OR
   (F) APPLIES FOR CERTIFICATION WITHIN EIGHTEEN MONTHS FROM  THE  EFFEC-
 TIVE DATE OF THIS SECTION.
   3.  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
 REVIEWING AND PROCESSING SUCH APPLICATION.

 A. 5984                             4
 
   § 2. This act shall take effect two years after it shall have become a
 law. Effective immediately, the addition, amendment and/or repeal of any
 rule or regulation necessary for the implementation of this act  on  its
 effective date are authorized to be made and completed on or before such
 effective date.