New York A 3033: Includes certain pharmacists as qualified health care professionals and authorizing such pharmacists to complete a waived test

Bill Text

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A03033 Summary:

BILL NOA03033 

&nbsp

SAME ASNo Same As

&nbsp

SPONSORRosenthal

&nbsp

COSPNSRColton, Buttenschon

&nbsp

MLTSPNSR

&nbsp

Amd §8216, Ed L

&nbsp

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 engage in the practice of auriculotherapy or "ear acupuncture" subject to certain restrictions.

Go to top A03033 Actions:

BILL NOA03033 

&nbsp

01/23/2025referred to higher education

01/07/2026referred to higher education

Go to topA03033 Committee&nbspVotes:

Go to topA03033 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA03033 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 3033

 2025-2026 Regular Sessions

 IN ASSEMBLY

 January 23, 2025
 ___________

 Introduced by M. of A. ROSENTHAL, COLTON, BUTTENSCHON -- read once and
 referred 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:

 1 Section 1. Section 8216 of the education law is amended by adding a
 2 new subdivision 9 to read as follows:
 3 (9) (a) A person who does not otherwise possess the credentials or
 4 qualifications required for the practice of acupuncture prescribed by
 5 this article or the regulations promulgated hereunder or any other law
 6 may engage in the practice of auriculotherapy, otherwise known as "ear
 7 acupuncture", if such person:
 8 (i) Has appropriate training in clean needle techniques;
 9 (ii) Employs sterile, single-use needles, without reuse;
 10 (iii) Does not purport to diagnose or treat any disease, disorder,
 11 infirmity, or affliction;
 12 (iv) Does not use any letters, words, or insignia indicating or imply-
 13 ing that the person is an acupuncturist;
 14 (v) Makes no statement implying that such person's practice of auricu-
 15 lotherapy is licensed, certified, or otherwise overseen by the state;
 16 (vi) Conducts the practice of auricular acupuncture only under the
 17 general supervision of a person who is licensed to practice acupuncture
 18 pursuant to this article. As used in this subdivision, "general super-
 19 vision" includes, but is not limited to, availability of a licensed
 20 acupuncturist by phone or other electronic means during business hours,
 21 with at least one on-site visit by a licensed acupuncturist per year.
 22 (b) Treatment by an auricular therapist pursuant to this subdivision
 23 shall be strictly limited to the insertion of disposable sterile
 24 acupuncture needles into, and limited only to, the ear. The application
 25 or insertion of needles anywhere else on the body of another person by a

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD06348-01-5

 A. 3033 2

 1 person described in paragraph (a) of this subdivision shall be consid-
 2 ered engaging in the practice of acupuncture without a license.
 3 (c) The department, in cooperation with the relevant professional
 4 regulatory boards, shall monitor and evaluate whether persons engaging
 5 in the practice of ear acupuncture pursuant to this subdivision and
 6 employing such ear acupuncture as a therapeutic modality are doing so
 7 safely, within their scopes of practice, and in a manner consistent with
 8 the public health, safety, and welfare.
 9 § 2. This act shall take effect immediately.

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