Bill Text: NY S03131 | 2013-2014 | General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Authorizes the care and treatment of injured employees by licensed or certified acupuncturists under the workers' compensation program.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2013-06-20 - SUBSTITUTED BY A5940C [S03131 Detail]
Download: New_York-2013-S03131-Introduced.html
Bill Title: Authorizes the care and treatment of injured employees by licensed or certified acupuncturists under the workers' compensation program.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2013-06-20 - SUBSTITUTED BY A5940C [S03131 Detail]
Download: New_York-2013-S03131-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
3131
2013-2014 Regular Sessions
I N S E N A T E
January 30, 2013
___________
Introduced by Sen. MARTINS -- read twice and ordered printed, and when
printed to be committed to the Committee on Labor
AN ACT to amend the workers' compensation law and the education law, in
relation to the care and treatment of injured employees by licensed or
certified acupuncturists
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. The workers' compensation law is amended by adding a new
2 section 13-p to read as follows:
3 S 13-P. CARE AND TREATMENT OF INJURED EMPLOYEES BY LICENSED OR CERTI-
4 FIED ACUPUNCTURISTS. 1. FOR PURPOSES OF THIS SECTION: (A) THE TERM
5 "ACUPUNCTURIST" SHALL MEAN A PERSON WHO IS DULY LICENSED AND REGISTERED
6 AS A LICENSED ACUPUNCTURIST PURSUANT TO ARTICLE ONE HUNDRED SIXTY OF THE
7 EDUCATION LAW, OR WHO IS A CERTIFIED ACUPUNCTURIST PURSUANT TO SUBDIVI-
8 SION THREE OF SECTION EIGHTY-TWO HUNDRED SIXTEEN OF THE EDUCATION LAW;
9 AND
10 (B) THE TERM "CHAIR" SHALL MEAN THE CHAIRPERSON OF THE STATE BOARD OF
11 ACUPUNCTURE PURSUANT TO ARTICLE ONE HUNDRED SIXTY OF THE EDUCATION LAW.
12 2. (A) AN INJURED EMPLOYEE, INJURED UNDER CIRCUMSTANCES WHICH MAKE
13 SUCH AN INJURY COMPENSABLE UNDER THIS ARTICLE, MAY LAWFULLY BE TREATED
14 BY AN ACUPUNCTURIST AUTHORIZED BY THE CHAIR TO RENDER ACUPUNCTURE CARE
15 PURSUANT TO THIS SECTION. SUCH SERVICES SHALL BE WITHIN THE SCOPE OF THE
16 PROFESSION OF ACUPUNCTURE AS DEFINED IN SUBDIVISION ONE OF SECTION
17 EIGHTY-TWO HUNDRED ELEVEN OF THE EDUCATION LAW.
18 (B) MEDICAL BUREAUS, MEDICAL CENTERS JOINTLY OPERATED BY LABOR AND
19 MANAGEMENT REPRESENTATIVES, HOSPITALS AND HEALTH MAINTENANCE ORGANIZA-
20 TIONS, AUTHORIZED TO PROVIDE MEDICAL CARE PURSUANT TO SECTION THIRTEEN-C
21 OF THIS ARTICLE, MAY PROVIDE ACUPUNCTURE SERVICES WHEN REQUIRED,
22 PROVIDED SUCH CARE IS RENDERED BY AN ACUPUNCTURIST AS REQUIRED BY THIS
23 SECTION.
24 (C) AN ACUPUNCTURIST RENDERING SERVICE PURSUANT TO THIS SECTION SHALL
25 MAINTAIN RECORDS OF THE PATIENT'S CONDITION AND ACUPUNCTURE TREATMENT,
26 AND SUCH RECORDS OR REPORTS SHALL BE SUBMITTED TO THE CHAIR ON SUCH
27 FORMS AND AT SUCH TIMES AS THE CHAIR MAY REQUIRE.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07830-01-3
S. 3131 2
1 3. (A) AN ACUPUNCTURIST WHO IS DESIROUS OF BEING AUTHORIZED TO RENDER
2 ACUPUNCTURE SERVICES UNDER THIS SECTION SHALL FILE AN APPLICATION FOR
3 AUTHORIZATION UNDER THIS SECTION WITH THE ACUPUNCTURE PRACTICE COMMIT-
4 TEE. THE APPLICANT SHALL AGREE TO REFRAIN FROM SUBSEQUENTLY TREATING FOR
5 REMUNERATION, AS A PRIVATE PATIENT, ANY PERSON SEEKING ACUPUNCTURE
6 SERVICES, IN CONNECTION WITH, OR AS A RESULT OF, ANY INJURY COMPENSABLE
7 UNDER THIS CHAPTER, IF HE OR SHE HAS BEEN REMOVED FROM THE LIST OF
8 ACUPUNCTURISTS AUTHORIZED TO RENDER SERVICES UNDER THIS CHAPTER. THIS
9 AGREEMENT SHALL RUN TO THE BENEFIT OF THE INJURED PERSON SO TREATED, AND
10 SHALL BE AVAILABLE AS A DEFENSE IN ANY ACTION BY SUCH ACUPUNCTURIST FOR
11 PAYMENT FOR TREATMENT RENDERED BY SUCH ACUPUNCTURIST AFTER BEING REMOVED
12 FROM THE LIST OF ACUPUNCTURISTS AUTHORIZED TO RENDER ACUPUNCTURE
13 SERVICES UNDER THIS SECTION. THE ACUPUNCTURE PRACTICE COMMITTEE IF IT
14 DEEMS SUCH ACUPUNCTURIST DULY QUALIFIED SHALL RECOMMEND TO THE CHAIR
15 THAT SUCH PERSON BE AUTHORIZED TO RENDER ACUPUNCTURE SERVICES UNDER THIS
16 SECTION. SUCH RECOMMENDATIONS SHALL BE ONLY ADVISORY TO THE CHAIR AND
17 SHALL NOT BE BINDING OR CONCLUSIVE.
18 (B) THE CHAIR SHALL PREPARE AND ESTABLISH A SCHEDULE FOR THE STATE OR
19 SCHEDULES LIMITED TO DEFINED LOCALITIES OF CHARGES AND FEES FOR ACUPUNC-
20 TURE TREATMENT AND CARE, TO BE DETERMINED IN ACCORDANCE WITH AND BE
21 SUBJECT TO CHANGE PURSUANT TO RULES PROMULGATED BY THE CHAIR. BEFORE
22 PREPARING SUCH SCHEDULE FOR THE STATE OR SCHEDULES FOR LIMITED LOCALI-
23 TIES THE CHAIR SHALL REQUEST THE ACUPUNCTURE PRACTICE COMMITTEE TO
24 SUBMIT TO SUCH CHAIR A REPORT ON THE AMOUNT OF REMUNERATION DEEMED BY
25 SUCH COMMITTEE TO BE FAIR AND ADEQUATE FOR THE TYPES OF ACUPUNCTURE
26 SERVICES TO BE RENDERED UNDER THIS CHAPTER, BUT CONSIDERATION SHALL BE
27 GIVEN TO THE VIEW OF OTHER INTERESTED PARTIES. THE AMOUNTS PAYABLE BY
28 THE EMPLOYER FOR SUCH TREATMENT AND SERVICES SHALL BE THE FEES AND
29 CHARGES ESTABLISHED BY SUCH SCHEDULE.
30 (C) IN DETERMINING THE SCHEDULE OR SCHEDULES AS PROVIDED IN PARAGRAPH
31 (B) OF THIS SUBDIVISION, THE CHAIR SHALL MAKE A DISTINCTION BETWEEN
32 TREATMENT RENDERED BY A DULY LICENSED AND REGISTERED ACUPUNCTURIST
33 SUBJECT TO THE PROVISIONS OF ARTICLE ONE HUNDRED SIXTY OF THE EDUCATION
34 LAW AND A CERTIFIED ACUPUNCTURIST SUBJECT TO THE PROVISIONS OF SECTION
35 EIGHTY-TWO HUNDRED SIXTEEN OF THE EDUCATION LAW, AND THE CHAIR SHALL
36 PREPARE AND ESTABLISH A SCHEDULE OR SCHEDULES REFLECTING FEES AND CHARG-
37 ES APPROPRIATE TO THE NATURE AND SCOPE OF THE TREATMENT RENDERED BY EACH
38 TYPE OF PRACTITIONER, GIVING DUE CONSIDERATION TO ALL RELEVANT FACTORS
39 INCLUDING, BUT NOT LIMITED TO, THE LEVEL OF EDUCATION OF THE PRACTITION-
40 ER, THE TYPE OF TREATMENT RENDERED, WHETHER THE ACUPUNCTURE TREATMENT IS
41 BEING PROVIDED AS THE PRINCIPAL TREATMENT OR AS AN ADJUNCT TREATMENT,
42 AND THE BILLING PRACTICES ENTAILED, INCLUDING WHETHER THE PRACTITIONER
43 SUBMITS ONE COMPREHENSIVE BILL OR BILLS SEPARATELY FOR THE ACUPUNCTURE
44 TREATMENT, OFFICE VISITS AND OTHER ITEMS.
45 4. (A) NO CLAIM FOR ACUPUNCTURE SERVICES SHALL BE VALID AND ENFORCEA-
46 BLE AS AGAINST THE EMPLOYER OR EMPLOYEES UNLESS WITHIN FORTY-EIGHT HOURS
47 FOLLOWING THE FIRST TREATMENT THE ACUPUNCTURIST GIVING SUCH CARE OR
48 TREATMENT FURNISHES TO THE EMPLOYER AND DIRECTLY TO THE CHAIR A PRELIMI-
49 NARY NOTICE OF SUCH INJURY AND TREATMENT, AND WITHIN FIFTEEN DAYS THERE-
50 AFTER A MORE COMPLETE REPORT AND SUBSEQUENT THERETO PROGRESS REPORTS AS
51 REQUESTED IN WRITING BY THE CHAIR, BOARD, EMPLOYER OR INSURANCE CARRIER,
52 AT INTERVALS OF NOT LESS THAN THREE WEEKS APART OR AT LESS FREQUENT
53 INTERVALS IF REQUESTED ON FORMS PRESCRIBED BY THE CHAIR. THE BOARD MAY
54 EXCUSE THE FAILURE TO GIVE SUCH NOTICES WITHIN THE DESIGNATED PERIODS
55 WHEN IT FINDS IT TO BE IN THE INTEREST OF JUSTICE TO DO SO.
S. 3131 3
1 (B) UPON RECEIPT OF THE NOTICE PROVIDED FOR BY PARAGRAPH (A) OF THIS
2 SUBDIVISION, THE EMPLOYER SHALL BE ENTITLED TO HAVE THE CLAIMANT EXAM-
3 INED BY AN ACUPUNCTURIST AT A PLACE REASONABLY CONVENIENT TO THE CLAIM-
4 ANT AND IN THE PRESENCE OF THE CLAIMANT'S ACUPUNCTURIST, AND REFUSAL BY
5 THE CLAIMANT TO SUBMIT TO SUCH EXAMINATION AT SUCH TIME OR TIMES AS MAY
6 REASONABLY BE NECESSARY IN THE OPINION OF THE BOARD SHALL BAR THE CLAIM-
7 ANT FROM RECOVERING COMPENSATION, FOR ANY PERIOD DURING WHICH HE OR SHE
8 HAS REFUSED TO SUBMIT TO SUCH EXAMINATION.
9 5. FEES FOR ACUPUNCTURE SERVICES SHALL BE PAYABLE ONLY TO A DULY
10 LICENSED OR CERTIFIED ACUPUNCTURIST PURSUANT TO ARTICLE ONE HUNDRED
11 SIXTY OF THE EDUCATION LAW, OR TO THE AGENT, EXECUTOR OR ADMINISTRATOR
12 OF THE ESTATE OF SUCH ACUPUNCTURIST. NO ACUPUNCTURIST RENDERING TREAT-
13 MENT TO A COMPENSATION CLAIMANT SHALL COLLECT OR RECEIVE A FEE FROM SUCH
14 CLAIMANT WITHIN THIS STATE, BUT SHALL HAVE RECOURSE FOR PAYMENT OF
15 SERVICES RENDERED ONLY TO THE EMPLOYER UNDER THE PROVISIONS OF THIS
16 SECTION.
17 6. WHENEVER HIS OR HER ATTENDANCE AT A HEARING IS REQUIRED, THE
18 ACUPUNCTURIST OF THE INJURED EMPLOYEE SHALL BE ENTITLED TO RECEIVE A FEE
19 FROM THE EMPLOYER IN AN AMOUNT TO BE FIXED BY THE BOARD, IN ADDITION TO
20 ANY FEE PAYABLE UNDER SECTION EIGHT THOUSAND ONE OF THE CIVIL PRACTICE
21 LAW AND RULES.
22 7. (A) UNLESS WITHIN THIRTY DAYS AFTER A BILL HAS BEEN RENDERED TO THE
23 EMPLOYER BY THE ACUPUNCTURIST WHO HAS TREATED AN INJURED EMPLOYEE, SUCH
24 EMPLOYER SHALL HAVE NOTIFIED THE CHAIR AND SUCH ACUPUNCTURIST IN WRITING
25 THAT SUCH EMPLOYER DEMANDS AN IMPARTIAL EXAMINATION OF THE FAIRNESS OF
26 THE AMOUNT CLAIMED BY SUCH ACUPUNCTURIST FOR HIS OR HER SERVICES, THE
27 RIGHT TO SUCH AN IMPARTIAL EXAMINATION SHALL BE DEEMED TO BE WAIVED AND
28 THE AMOUNT CLAIMED BY SUCH ACUPUNCTURIST SHALL BE DEEMED TO BE THE FAIR
29 VALUE OF THE SERVICES RENDERED. IF THE PARTIES FAIL TO AGREE AS TO THE
30 ACUPUNCTURE CARE RENDERED UNDER THIS CHAPTER TO A CLAIMANT, SUCH VALUE
31 SHALL BE DECIDED BY THE ACUPUNCTURE PRACTICE COMMITTEE AND THE MAJORITY
32 DECISION OF SUCH COMMITTEE SHALL BE CONCLUSIVE UPON THE PARTIES AS TO
33 THE VALUE OF THE SERVICES RENDERED. THE BOARD MAY MAKE AN AWARD FOR ANY
34 SUCH BILL OR PART THEREOF WHICH REMAINS UNPAID IN THE SAME MANNER AS AN
35 AWARD FOR BILLS RENDERED UNDER SUBDIVISIONS ONE AND THREE OF SECTION
36 THIRTEEN-G OF THIS ARTICLE, AND SUCH AWARD MAY BE COLLECTED IN LIKE
37 MANNER AS AN AWARD OF COMPENSATION. THE CHAIR SHALL ASSESS THE SUM OF
38 FIFTY DOLLARS AGAINST THE EMPLOYER FOR EACH SUCH AWARD MADE BY THE
39 BOARD, WHICH SUM SHALL BE PAID INTO THE STATE TREASURY.
40 (B) WHERE AN ACUPUNCTURIST'S BILL HAS BEEN DETERMINED TO BE DUE AND
41 OWING IN ACCORDANCE WITH THE PROVISIONS OF THIS SECTION, THE BOARD MAY
42 IMPOSE A PENALTY OF NOT MORE THAN ONE AND ONE-HALF PERCENT INTEREST PER
43 MONTH PAYABLE TO THE ACUPUNCTURIST IN ACCORDANCE WITH THE RULES AND
44 REGULATIONS PROMULGATED BY THE BOARD.
45 (C) THE PARTIES TO SUCH PROCEEDING SHALL EACH PAY TO THE CHAIR A SUM
46 EQUAL TO FIVE PER CENTUM OF THE AMOUNT PAYABLE UNDER THE DECISION OF
47 SUCH COMMITTEE OR A MINIMUM OF FIVE DOLLARS, WHICHEVER IS GREATER. THE
48 SUMS SO COLLECTED SHALL BE TRANSFERRED TO THE STATE TREASURY TO REIM-
49 BURSE IT ON ACCOUNT OF THE EXPENSE OF ADMINISTERING THIS SECTION.
50 8. WITHIN THE LIMITS PRESCRIBED BY THE EDUCATION LAW FOR ACUPUNCTURE
51 SERVICES, THE REPORT OR TESTIMONY OF AN AUTHORIZED ACUPUNCTURIST
52 CONCERNING THE CONDITION OF AN INJURED EMPLOYEE AND TREATMENT THEREOF
53 SHALL BE DEEMED COMPETENT EVIDENCE AND THE PROFESSIONAL OPINION OF THE
54 ACUPUNCTURIST AS TO CAUSAL RELATION AND AS TO REQUIRED TREATMENT SHALL
55 BE DEEMED COMPETENT BUT SHALL NOT BE CONTROLLING. NOTHING IN THIS
56 SECTION SHALL BE DEEMED TO DEPRIVE ANY EMPLOYER OR INSURANCE CARRIER OF
S. 3131 4
1 ANY RIGHT TO A MEDICAL EXAMINATION OR PRESENTATION OF MEDICAL TESTIMONY
2 NOW CONFERRED BY LAW.
3 9. THE CHAIR SHALL PROMULGATE RULES GOVERNING THE PROCEDURE TO BE
4 FOLLOWED BY THOSE RENDERING ACUPUNCTURE SERVICES UNDER THIS SECTION,
5 WHICH RULES SO FAR AS PRACTICABLE SHALL CONFORM TO THE RULES PRESENTLY
6 IN EFFECT WITH REFERENCE TO MEDICAL CARE FURNISHED TO CLAIMANTS IN WORK-
7 ERS' COMPENSATION. IN CONNECTION WITH THE PROMULGATION OF SUCH RULES THE
8 CHAIR MAY CONSULT THE ACUPUNCTURE PRACTICE COMMITTEE AND MAY TAKE INTO
9 CONSIDERATION THE VIEW OF OTHER INTERESTED PARTIES.
10 10. THE CHAIR SHALL APPOINT FOR AND WITH JURISDICTION IN THE ENTIRE
11 STATE OF NEW YORK A SINGLE ACUPUNCTURE PRACTICE COMMITTEE COMPOSED OF
12 TWO LICENSED ACUPUNCTURISTS, AND ONE DULY LICENSED PHYSICIAN OF THE
13 STATE OF NEW YORK. EACH MEMBER OF SUCH COMMITTEE SHALL RECEIVE COMPEN-
14 SATION EITHER ON AN ANNUAL BASIS OR ON A PER DIEM BASIS TO BE FIXED BY
15 THE CHAIR WITHIN AMOUNTS APPROPRIATED THEREFOR. ONE OF SUCH LICENSED
16 ACUPUNCTURISTS SHALL BE DESIGNATED BY THE CHAIR AS A CHAIR OF SUCH
17 ACUPUNCTURE PRACTICE COMMITTEE. NO MEMBER OF SUCH COMMITTEE SHALL RENDER
18 ACUPUNCTURE SERVICES UNDER THIS SECTION NOR BE AN EMPLOYER OR ACCEPT OR
19 PARTICIPATE IN ANY FEE FROM ANY INSURANCE COMPANY AUTHORIZED TO WRITE
20 WORKERS' COMPENSATION INSURANCE IN THIS STATE OR FROM ANY SELF-INSURER,
21 WHETHER SUCH EMPLOYMENT OR FEE RELATES TO A WORKERS' COMPENSATION CLAIM
22 OR OTHERWISE. THE ATTORNEY GENERAL, UPON REQUEST, SHALL ADVISE AND
23 ASSIST SUCH COMMITTEE.
24 11. THE ACUPUNCTURE PRACTICE COMMITTEE SHALL INVESTIGATE, HEAR AND
25 MAKE FINDINGS WITH RESPECT TO ALL CHARGES AS TO PROFESSIONAL OR OTHER
26 MISCONDUCT OF ANY AUTHORIZED ACUPUNCTURISTS AS PROVIDED IN THIS SECTION
27 UNDER RULES AND PROCEDURES TO BE PRESCRIBED BY THE CHAIR AND SHALL
28 REPORT EVIDENCE OF SUCH MISCONDUCT, WITH THEIR FINDINGS AND RECOMMENDA-
29 TIONS WITH RESPECT THERETO, TO THE CHAIR. THE FINDINGS, DECISION AND
30 RECOMMENDATION OF SUCH ACUPUNCTURE PRACTICE COMMITTEE SHALL BE ADVISORY
31 TO THE CHAIR ONLY, AND SHALL NOT BE BINDING OR CONCLUSIVE UPON HIM OR
32 HER. THE CHAIR SHALL REMOVE FROM THE LIST OF ACUPUNCTURISTS AUTHORIZED
33 TO RENDER ACUPUNCTURE SERVICES UNDER THIS CHAPTER OR TO CONDUCT INDE-
34 PENDENT EXAMINATIONS IN ACCORDANCE WITH PARAGRAPH (B) OF SUBDIVISION
35 FOUR OF THIS SECTION THE NAME OF ANY ACUPUNCTURIST WHO HE OR SHE SHALL
36 FIND AFTER REASONABLE INVESTIGATION IS DISQUALIFIED BECAUSE SUCH
37 ACUPUNCTURIST:
38 (A) HAS BEEN GUILTY OF PROFESSIONAL OR OTHER MISCONDUCT OR INCOMPETEN-
39 CY IN CONNECTION WITH THE RENDERING OF ACUPUNCTURE SERVICES,
40 (B) HAS EXCEEDED THE LIMITS OF HIS OR HER PROFESSIONAL COMPETENCE IN
41 RENDERING ACUPUNCTURE SERVICES UNDER THE LAW, OR HAS MADE FALSE STATE-
42 MENTS REGARDING QUALIFICATIONS IN THE APPLICATION FOR AUTHORIZATION,
43 (C) HAS FAILED TO SUBMIT TIMELY, FULL AND TRUTHFUL ACUPUNCTURE EVALU-
44 ATION AND TREATMENT REPORTS OF ALL FINDINGS TO THE EMPLOYER AND DIRECTLY
45 TO THE CHAIR OF THE BOARD WITHIN THE TIME LIMITS PROVIDED IN THIS
46 SECTION,
47 (D) HAS RENDERED ACUPUNCTURE SERVICES UNDER THIS CHAPTER FOR A FEE
48 LESS THAN THAT FIXED IN THE FEE SCHEDULE,
49 (E) HAS SOLICITED OR HAS EMPLOYED ANOTHER TO SOLICIT FOR HIMSELF OR
50 HERSELF OR FOR ANOTHER PROFESSIONAL TREATMENT, EXAMINATION OR CARE OF AN
51 INJURED EMPLOYEE WITH ANY CLAIM UNDER THIS CHAPTER,
52 (F) HAS REFUSED TO APPEAR BEFORE OR ANSWER UPON REQUEST OF THE CHAIR,
53 BOARD, ACUPUNCTURE PRACTICE COMMITTEE OR ANY DULY AUTHORIZED OFFICER OF
54 THE STATE, ANY LEGAL QUESTION OR PRODUCE ANY RELEVANT BOOK OR PAPER
55 CONCERNING CONDUCT UNDER AN AUTHORIZATION GRANTED UNDER LAW, OR
S. 3131 5
1 (G) HAS DIRECTLY OR INDIRECTLY REQUESTED, RECEIVED OR PARTICIPATED IN
2 THE DIVISION, TRANSFERENCE, ASSIGNMENT, REBATING, SPLITTING OR REFUNDING
3 OF A FEE FOR, OR HAS DIRECTLY OR INDIRECTLY REQUESTED, RECEIVED OR PROF-
4 ITED BY MEANS OF A CREDIT OR OTHERWISE VALUABLE CONSIDERATION AS A
5 COMMISSION, DISCOUNT OR GRATUITY IN CONNECTION WITH THE TREATMENT OF A
6 WORKERS' COMPENSATION CLAIMANT.
7 12. ANY PERSON WHO VIOLATES OR ATTEMPTS TO VIOLATE, AND ANY PERSON WHO
8 AIDS ANOTHER TO VIOLATE OR ATTEMPTS TO INDUCE HIM OR HER TO VIOLATE THE
9 PROVISIONS OF PARAGRAPH (G) OF SUBDIVISION ELEVEN OF THIS SECTION SHALL
10 BE GUILTY OF A MISDEMEANOR.
11 13. NOTHING IN THIS SECTION SHALL BE CONSTRUED AS LIMITING IN ANY
12 RESPECT THE POWER OR DUTY OF THE CHAIR TO INVESTIGATE INSTANCES OF
13 MISCONDUCT, EITHER BEFORE OR AFTER INVESTIGATION BY THE ACUPUNCTURE
14 PRACTICE COMMITTEE, OR TO TEMPORARILY SUSPEND THE AUTHORIZATION OF ANY
15 ACUPUNCTURIST BELIEVED TO BE GUILTY OF SUCH MISCONDUCT. THE PROVISIONS
16 OF SUBDIVISION ONE OF SECTION THIRTEEN-D OF THIS ARTICLE WHICH ARE NOT
17 INCONSISTENT WITH THE PROVISIONS OF THIS SECTION SHALL BE APPLICABLE AS
18 IF FULLY SET FORTH IN THIS SECTION.
19 14. NOTHING CONTAINED IN THIS SECTION SHALL PROHIBIT ACUPUNCTURISTS
20 WHO PRACTICE AS PARTNERS, IN GROUPS OR AS A PROFESSIONAL CORPORATION
21 FROM POOLING FEES AND MONEYS RECEIVED, EITHER BY THE PARTNERSHIP,
22 PROFESSIONAL CORPORATION OR GROUP OR BY THE INDIVIDUAL MEMBERS THEREOF,
23 FOR PROFESSIONAL SERVICES FURNISHED BY ANY INDIVIDUAL PROFESSIONAL
24 MEMBER, OR EMPLOYEE OF SUCH PARTNERSHIP, CORPORATION OR GROUP, NOR SHALL
25 THE PROFESSIONALS CONSTITUTING THE PARTNERSHIPS, CORPORATIONS, OR GROUPS
26 BE PROHIBITED FROM SHARING, DIVIDING OR APPORTIONING THE FEES AND MONEYS
27 RECEIVED BY THEM OR BY THE PARTNERSHIP, CORPORATION OR GROUP IN ACCORD-
28 ANCE WITH A PARTNERSHIP OR OTHER AGREEMENT.
29 S 2. Subdivision 1 of section 8213 of the education law, as added by
30 chapter 772 of the laws of 1990, is amended to read as follows:
31 (1) There is hereby established within the department a state board
32 for acupuncture. The board shall consist of not less than eleven members
33 to be appointed by the board of regents on the recommendation of the
34 commissioner for the purpose of assisting the board of regents and the
35 department on matters of professional licensing and professional conduct
36 in accordance with section sixty-five hundred eight of this [chapter]
37 TITLE, four of whom shall be licensed acupuncturists, four of whom shall
38 be licensed physicians certified to use acupuncture and three of whom
39 shall be public members representing the consumer and community. Of the
40 acupuncturists first appointed to the board, one may be a registered
41 specialist's assistant-acupuncture provided that the term of such regis-
42 tered specialist's assistant-acupuncture shall not be more than four
43 years. Of the members first appointed, three shall be appointed for a
44 one year term, three shall be appointed for a two year term and three
45 shall be appointed for a three year term, and two shall be appointed for
46 a four year term. Thereafter all members shall serve for five year
47 terms. In the event that more than eleven members are appointed, a
48 majority of the additional members shall be licensed acupuncturists. The
49 members of the board shall select one of themselves as [chairman] CHAIR-
50 PERSON to serve for a one year term.
51 S 3. This act shall take effect on the one hundred eightieth day after
52 it shall have become a law. Provided, that effective immediately, the
53 addition, amendment and/or repeal of any rules and regulations necessary
54 to implement the provisions of this act on its effective date are
55 authorized and directed to be completed on or before such effective
56 date.
