S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5288
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                               March 1, 2021
                                ___________
 
 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-q to read as follows:
   §  13-Q. 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.
                                                            LBD05993-02-1
              

 S. 5288                             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. 5288                             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 TWO OF SECTION THIR-
 TEEN-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. 5288                             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. 5288                             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.
   § 2. This act shall take effect on the one hundred eightieth day after
 it  shall have become a law. Effective immediately, the addition, amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation of this act on its effective date are authorized to be  made  and
 completed on or before such effective date.