NY State Senate Bill 2021-S6905

Archive: Last Bill Status - In Senate Committee Higher Education 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

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to higher education
May 20, 2021	referred to higher education

co-Sponsors

2021-S6905 (ACTIVE) - Details

Current Committee:: Senate Higher Education
Law Section:: Education Law
Laws Affected:: Amd §8216, Ed L
Versions Introduced in 2023-2024 Legislative Session:: S3523

2021-S6905 (ACTIVE) - Summary

Relates to the practice of acupuncture and the exemption that a person who does not otherwise possess the credentials or qualifications required for the practice of acupuncture may be trained by the National Acupuncture Detoxification Association (NADA), or other equivalent.

2021-S6905 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S6905

SPONSOR: HARCKHAM
 
TITLE OF BILL:

An act to amend the education law, in relation to the practice of
acupuncture and certain exemptions

 
PURPOSE OR GENERAL IDEA OF BILL:

Relates to the practice of acupuncture and certain exemptions

 
SUMMARY OF PROVISIONS:

Section 1. Amends subdivision 4 of section 8216 of the education law, as
amended by chapter 773 of the laws of 1990 to provide that those who
otherwise do not possess the credentials or qualifications for the prac-
tice of acupuncture prescribed by the article or regulations promulgated
hereunder or any other law but may be trained by the National Acupunc-
ture Detoxification Association (NADA), or other equivalent training
body approved by the department, and practice a standardized protocol
for well-being and behavioral health conditions, including prevention

and treatment of substance use disorder, under the general supervision
of licensed and certified health professionals or NADA registered train-
ers.

Section 2. Provides the effective date.

 
JUSTIFICATION:

The Covid-19 pandemic and concomitant epidemic of opiate addiction is
necessitating healthcare communities of providers to come to the table
with a solution-oriented approach to services that save lives and reduce
the healthcare access gap caused by a nationwide inequity in healthcare
delivery. It is up to legislators to make these services readily avail-
able.

The NADA protocol is such a service that could be more widely available,
with legislative support and action. The National Acupuncture Detoxifi-
cation Association (NADA), founded in 1985 in New York, helps train
healthcare workers nationwide in an ear acupuncture protocol that is a
pan-diagnostic and trans-symptomatic tool for addressing stress, trauma
and addiction.

This treatment was initially developed as a direct response to the
heroin and opiate crisis in the South Bronx in the 1970s. New York State
was the first to support the practice of the NADA protocol by non-medi-
cal healthcare providers (1989). Since then this tool has become avail-
able in 23 other states to non-medical and non-acupuncturist providers.
In this 20+ year expansion into other states, New York's Education Law §
8216 is now among the most outdated and restrictive in scope and
setting. It is time to modernize this law and bring New York back to the
forefront of leadership with the NADA protocol.

New York State has had close to 1,000 trained providers since founding,
but today there are less than 90 providers in the state with an active
NADA membership. This is largely due to practice restrictions in the
existing law. With the suggested amendments, this very low-risk treat-

ment can be provided under the general supervision of a licensed or
certified healthcare provider, or NADA Registered Trainer.

 
PRIOR LEGISLATIVE HISTORY:

This is new legislation.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

There are no fiscal implications to the State or local government in
association with the passage of this legislation.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2021-S6905 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6905
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                               May 20, 2021
                                ___________
 
 Introduced  by Sen. HARCKHAM -- read twice and ordered printed, and when
   printed to be committed to the Committee on Higher Education
 
 AN ACT to amend the education  law,  in  relation  to  the  practice  of
   acupuncture and certain exemptions
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 4 of section 8216  of  the  education  law,  as
 amended  by  chapter  773  of  the  laws  of 1990, is amended to read as
 follows:
   (4) A person who does not otherwise possess the credentials or  quali-
 fications  required  for  the practice of acupuncture prescribed by this
 article or the regulations promulgated hereunder or any  other  law  but
 [who  is authorized by the division of alcoholism and alcohol abuse, the
 division of substance abuse services, or the  department  of  health  to
 provide  treatment  for  alcoholism,  substance  dependence, or chemical
 dependency in a hospital or clinical program which has been approved for
 such treatment by the division of  alcoholism  and  alcohol  abuse,  the
 division  of  substance  abuse services, or the department of health and
 who has been trained to practice acupuncture for the treatment of  alco-
 holism,  substance  dependence, or chemical dependency through an educa-
 tional program acceptable to the education department  may  nevertheless
 practice  acupuncture provided such practice is limited to the treatment
 of alcoholism, substance dependence,  or  chemical  dependency  in  such
 clinical  or  hospital  programs,  or  in  a program that if statutorily
 exempt from such approval meets standards approved by  the  division  of
 alcoholism  and alcohol abuse, the division of substance abuse services,
 or the department of health, and further provided that such practice  is
 done in accordance with regulations promulgated by the division of alco-
 holism  and  alcohol abuse, the division of substance abuse services, or
 the department of health. Such person shall work only under the  general
 supervision  of a physician or dentist certified to practice acupuncture

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

                                                            LBD11628-01-1

 S. 6905                             2

 or an individual licensed to practice acupuncture in the  state  of  New
 York  pursuant  to this article] MAY BE TRAINED BY THE NATIONAL ACUPUNC-
 TURE DETOXIFICATION ASSOCIATION (NADA),  OR  OTHER  EQUIVALENT  TRAINING
 BODY  APPROVED  BY  THE DEPARTMENT, AND PRACTICE A STANDARDIZED PROTOCOL
 FOR WELL-BEING AND BEHAVIORAL HEALTH  CONDITIONS,  INCLUDING  PREVENTION
 AND  TREATMENT  OF SUBSTANCE USE DISORDER, UNDER THE GENERAL SUPERVISION
 OF LICENSED AND CERTIFIED HEALTH PROFESSIONALS OR NADA REGISTERED TRAIN-
 ERS.  Notwithstanding any other law, rule or regulation to the contrary,
 persons authorized on or before the effective date of  this  article  to
 practice  acupuncture for the treatment of alcoholism, substance depend-
 ence, or chemical dependency within a hospital or clinical program which
 has been approved for such treatment by the division of  alcoholism  and
 alcohol  abuse, the division of substance abuse services, or the depart-
 ment of health may nevertheless continue to practice  acupuncture  under
 the provisions of this subdivision;
   § 2. This act shall take effect immediately.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Senate Bill S6905

Sponsored By

Archive: Last Bill Status - In Senate Committee Higher Education Committee

co-Sponsors

2021-S6905 (ACTIVE) - Details

2021-S6905 (ACTIVE) - Summary

2021-S6905 (ACTIVE) - Sponsor Memo

2021-S6905 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S6905

Share this bill

Sponsored By

Pete Harckham

Archive: Last Bill Status - In Senate Committee Higher Education Committee

co-Sponsors

Michelle Hinchey

2021-S6905 (ACTIVE) - Details

2021-S6905 (ACTIVE) - Summary

2021-S6905 (ACTIVE) - Sponsor Memo

2021-S6905 (ACTIVE) - Bill Text download pdf

Comments