NY State Senate Bill 2023-S3523

Current 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

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to higher education
Jan 31, 2023	referred to higher education

2023-S3523 (ACTIVE) - Details

Current Committee:: Senate Higher Education
Law Section:: Education Law
Laws Affected:: Amd §8216, Ed L
Versions Introduced in 2021-2022 Legislative Session:: S6905

2023-S3523 (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.

2023-S3523 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S3523

SPONSOR: FERNANDEZ
 
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:

To allow thoose who otherwise do not possess the credentials or quali-
fications for the practice of acupuncture prescribed by the article or
regulations promulgated hereunder or any other law but may be trained by
the National Acupuncture Detoxification Association (NADA).

 
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:

2021-2022: S6905

 
FISCAL IMPLICATIONS:

None to the State

 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S3523 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3523
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 31, 2023
                                ___________
 
 Introduced by Sen. FERNANDEZ -- 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.
                                                            LBD05571-02-3

 S. 3523                             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.

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Senate Bill S3523

Sponsored By

Current Bill Status - In Senate Committee Higher Education Committee

2023-S3523 (ACTIVE) - Details

2023-S3523 (ACTIVE) - Summary

2023-S3523 (ACTIVE) - Sponsor Memo

2023-S3523 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S3523

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Sponsored By

Nathalia Fernandez

Current Bill Status - In Senate Committee Higher Education Committee

2023-S3523 (ACTIVE) - Details

2023-S3523 (ACTIVE) - Summary

2023-S3523 (ACTIVE) - Sponsor Memo

2023-S3523 (ACTIVE) - Bill Text download pdf

Comments