S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        2558--A
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 20, 2015
                                      ___________
       Introduced  by  M.  of  A.  GOTTFRIED,  COOK, ENGLEBRIGHT, CLARK, GALEF,
         COLTON, MAGNARELLI, OTIS, QUART -- Multi-Sponsored  by  --  M.  of  A.
         CAHILL,  MAGEE  --  read  once and referred to the Committee on Higher
         Education -- committee discharged, bill amended, ordered reprinted  as
         amended and recommitted to said committee
       AN  ACT  to  amend  the  education  law  and the social services law, in
         relation to the licensing of acupuncturists and the  practice  of  the
         profession of acupuncture, and establishing acupuncturists as mandato-
         ry reporters of suspected cases of child abuse and maltreatment
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Paragraph (a) of subdivision  1  of  section  8211  of  the
    2  education  law,  as added by chapter 772 of the laws of 1990, is amended
    3  and a new paragraph (c) is added to read as follows:
    4    (a) "Profession of acupuncture" is the treating, by means  of  mechan-
    5  ical,  thermal  or  electrical  stimulation effected by the insertion of
    6  needles or by the application of heat,  pressure  or  electrical  stimu-
    7  lation  at  a  point or combination of points on the surface of the body
    8  predetermined on the basis of the theory of the  physiological  interre-
    9  lationship  of  body  organs  with an associated point or combination of
   10  points for diseases, disorders and dysfunctions  of  the  body  for  the
   11  purpose  of  achieving a therapeutic or prophylactic effect. THE PROFES-
   12  SION OF ACUPUNCTURE INCLUDES RECOMMENDATION OF TRADITIONAL REMEDIES  AND
   13  SUPPLEMENTS  INCLUDING,  BUT NOT LIMITED TO, THE RECOMMENDATION OF DIET,
   14  HERBS (LOOSE AND PRE-PACKAGED) AND NATURAL PRODUCTS, AND THEIR  PREPARA-
   15  TION  IN  ACCORDANCE WITH TRADITIONAL AND MODERN PRACTICES OF EAST ASIAN
   16  OR ORIENTAL (CHINESE, KOREAN OR JAPANESE) MEDICAL THEORY. ANY ACUPUNCTU-
   17  RIST WHOSE PRACTICE INCLUDES THE RECOMMENDATION OF CUSTOM-MADE  REMEDIES
   18  OR  HERBAL  FORMULATIONS  SHALL BE SUBJECT TO THE REQUIREMENT IMPOSED BY
   19  THE PROVISIONS OF SUBDIVISION  EIGHT-A  OF  SECTION  EIGHTY-TWO  HUNDRED
   20  FOURTEEN OF THIS ARTICLE.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD02820-05-5
       A. 2558--A                          2
    1    (C) NOTHING HEREIN SHALL BE CONSTRUED TO PROHIBIT AN INDIVIDUAL WHO IS
    2  NOT SUBJECT TO REGULATION IN THIS STATE AS A LICENSED ACUPUNCTURIST FROM
    3  ENGAGING  IN  THE RECOMMENDATION OF TRADITIONAL REMEDIES AND SUPPLEMENTS
    4  AS DEFINED HEREIN.
    5    S  2.  Subdivision 1 of section 8213 of the education law, as added by
    6  chapter 772 of the laws of 1990, is amended to read as follows:
    7    (1)(A) There is hereby established within the department a state board
    8  for acupuncture. [The] ON AND BEFORE SEPTEMBER THIRTIETH,  TWO  THOUSAND
    9  SIXTEEN,  THE  board shall consist of not less than eleven members to be
   10  appointed by the board of regents on the recommendation of  the  commis-
   11  sioner for the purpose of assisting the board of regents and the depart-
   12  ment  on  matters  of professional licensing and professional conduct in
   13  accordance with section  sixty-five  hundred  eight  of  this  [chapter]
   14  TITLE, four of whom shall be licensed acupuncturists, four of whom shall
   15  be  licensed  physicians  certified to use acupuncture and three of whom
   16  shall be public members representing the consumer and community. [Of the
   17  acupuncturists first appointed to the board, one  may  be  a  registered
   18  specialist's assistant-acupuncture provided that the term of such regis-
   19  tered  specialist's  assistant-acupuncture  shall  not be more than four
   20  years.] Of the members first appointed, three shall be appointed  for  a
   21  one  year  term,  three shall be appointed for a two year term and three
   22  shall be appointed for a three year term, and two shall be appointed for
   23  a four year term. Thereafter all  members  shall  serve  for  five  year
   24  terms.  In  the  event  that  more  than eleven members are appointed, a
   25  majority of the additional members shall be licensed acupuncturists. The
   26  members of the board shall select one of themselves as chairman to serve
   27  for a one year term.
   28    (B) ON AND AFTER OCTOBER FIRST, TWO THOUSAND SIXTEEN, THE BOARD  SHALL
   29  CONSIST  OF NOT LESS THAN TWELVE MEMBERS APPOINTED AS SPECIFIED IN PARA-
   30  GRAPH (A) OF THIS SUBDIVISION, EXCEPT THAT AT LEAST SIX OF SUCH  MEMBERS
   31  SHALL  BE  LICENSED  ACUPUNCTURISTS,  THREE  OF  SUCH  MEMBERS  SHALL BE
   32  LICENSED PHYSICIANS CERTIFIED TO USE ACUPUNCTURE AND THREE OF WHOM SHALL
   33  BE PUBLIC MEMBERS REPRESENTING THE CONSUMER AND COMMUNITY. NO MEMBER WHO
   34  IS A LICENSED PHYSICIAN CERTIFIED TO USE ACUPUNCTURE AND WHO IS  SERVING
   35  ON  THE  BOARD ON THE EFFECTIVE DATE OF THIS PARAGRAPH SHALL BE REQUIRED
   36  TO VACATE HIS OR HER POSITION AS A MEMBER OF THE BOARD AS  A  RESULT  OF
   37  THE  REDUCTION IN SUCH PHYSICIAN MEMBERS FROM FOUR TO THREE AS SPECIFIED
   38  IN THIS PARAGRAPH, BUT SUCH CHANGE IN COMPOSITION SHALL BE MADE UPON THE
   39  EXPIRATION OF TERMS OF OFFICE, OR VACANCIES IN OFFICE, OCCURRING ON  AND
   40  AFTER SUCH DATE.
   41    S  3.  Subdivision 8 of section 8214 of the education law, as added by
   42  chapter 772 of the laws of 1990, is amended and two new subdivisions 8-a
   43  and 9 are added to read as follows:
   44    (8) Registration: if a license is granted, register  triennially  with
   45  the  department,  including  present  home and business address and such
   46  other pertinent information as the department requires[.];
   47    (8-A) SPECIAL REQUIREMENT FOR RECOMMENDATION OF  CUSTOM-MADE  REMEDIES
   48  OR  HERBAL  FORMULATIONS:  ON  AND  AFTER  OCTOBER  FIRST,  TWO THOUSAND
   49  SIXTEEN, AN APPLICANT WHOSE PROFESSIONAL CONDUCT IN CONNECTION WITH  THE
   50  PRACTICE  OF ACUPUNCTURE SHALL INCLUDE THE RECOMMENDATION OF CUSTOM-MADE
   51  REMEDIES OR HERBAL  FORMULATIONS  MUST  SUBMIT  EVIDENCE  OF  SUCCESSFUL
   52  PASSAGE  OF THE HERBAL COMPETENCY EXAM OF A NATIONAL PROFESSIONAL ORGAN-
   53  IZATION IN THE FIELD OF ACUPUNCTURE RECOGNIZED FOR THIS PURPOSE  BY  THE
   54  COMMISSIONER; AND
   55    (9)  CERTIFICATES  OF  HERBAL  PRACTICE:  1.  NO  ACUPUNCTURIST  SHALL
   56  DISPENSE OR RECOMMEND CUSTOM-MADE REMEDIES OR CUSTOM-MADE HERBAL  FORMU-
       A. 2558--A                          3
    1  LATIONS  WITHOUT  A CERTIFICATE OF HERBAL PRACTICE ISSUED BY THE DEPART-
    2  MENT PURSUANT TO REGULATIONS OF THE COMMISSIONER.
    3    2. THE FEE FOR A CERTIFICATE OF HERBAL PRACTICE SHALL BE DETERMINED BY
    4  THE  COMMISSIONER  AND SHALL BE PAID ON A TRIENNIAL BASIS. A CERTIFICATE
    5  MAY BE SUSPENDED OR REVOKED IN THE SAME MANNER AS A LICENSE TO  PRACTICE
    6  ACUPUNCTURE.
    7    3.  THE CERTIFICATE OF HERBAL PRACTICE UNDER THIS SECTION IS AVAILABLE
    8  ONLY TO PERSONS WHO ARE LICENSED TO PRACTICE ACUPUNCTURE  IN  ACCORDANCE
    9  WITH THIS ARTICLE.
   10    S 4. The education law is amended by adding a new section 8217 to read
   11  as follows:
   12    S  8217. MANDATORY CONTINUING EDUCATION. 1. (A) EACH LICENSED ACUPUNC-
   13  TURIST REQUIRED UNDER ARTICLE ONE HUNDRED  THIRTY  OF  THIS  CHAPTER  TO
   14  REGISTER  TRIENNIALLY WITH THE DEPARTMENT TO PRACTICE IN THE STATE SHALL
   15  COMPLY WITH PROVISIONS OF THE MANDATORY  CONTINUING  EDUCATION  REQUIRE-
   16  MENTS  PRESCRIBED IN SUBDIVISION TWO OF THIS SECTION EXCEPT AS SET FORTH
   17  IN PARAGRAPHS (B) AND (C) OF THIS SUBDIVISION. ACUPUNCTURISTS WHO DO NOT
   18  SATISFY THE MANDATORY CONTINUING EDUCATION REQUIREMENTS SHALL NOT  PRAC-
   19  TICE UNTIL THEY HAVE MET SUCH REQUIREMENTS, EXCEPT THAT AN ACUPUNCTURIST
   20  MAY PRACTICE WITHOUT HAVING MET SUCH REQUIREMENTS IF HE OR SHE IS ISSUED
   21  A CONDITIONAL REGISTRATION CERTIFICATE AS SPECIFIED IN SUBDIVISION THREE
   22  OF THIS SECTION.
   23    (B)  ACUPUNCTURISTS  SHALL  BE  EXEMPT  FROM  THE MANDATORY CONTINUING
   24  EDUCATION REQUIREMENT FOR THE TRIENNIAL REGISTRATION PERIOD DURING WHICH
   25  THEY ARE FIRST LICENSED. IN ACCORD WITH  THE  INTENT  OF  THIS  SECTION,
   26  ADJUSTMENT  TO  THE  MANDATORY  CONTINUING  EDUCATION REQUIREMENT MAY BE
   27  GRANTED BY THE DEPARTMENT FOR REASONS OF HEALTH CERTIFIED BY  AN  APPRO-
   28  PRIATE HEALTH CARE PROFESSIONAL, FOR EXTENDED ACTIVE DUTY WITH THE ARMED
   29  FORCES  OF  THE UNITED STATES, OR FOR OTHER GOOD CAUSE ACCEPTABLE TO THE
   30  DEPARTMENT WHICH MAY PREVENT COMPLIANCE.
   31    (C) A LICENSED ACUPUNCTURIST NOT ENGAGED IN PRACTICE AS DETERMINED  BY
   32  THE  DEPARTMENT, SHALL BE EXEMPT FROM THE MANDATORY CONTINUING EDUCATION
   33  REQUIREMENT UPON THE FILING OF A STATEMENT WITH THE DEPARTMENT DECLARING
   34  SUCH STATUS. ANY LICENSEE WHO RETURNS TO  THE  PRACTICE  OF  ACUPUNCTURE
   35  DURING  THE  TRIENNIAL  REGISTRATION  PERIOD SHALL NOTIFY THE DEPARTMENT
   36  PRIOR TO REENTERING THE PROFESSION AND SHALL MEET SUCH MANDATORY  EDUCA-
   37  TION  REQUIREMENTS  AS SHALL BE PRESCRIBED BY REGULATIONS OF THE COMMIS-
   38  SIONER.
   39    2. DURING EACH TRIENNIAL REGISTRATION PERIOD AN APPLICANT  FOR  REGIS-
   40  TRATION  SHALL  COMPLETE  A  MINIMUM  OF  THIRTY-SIX HOURS OF ACCEPTABLE
   41  FORMAL CONTINUING EDUCATION, AS SPECIFIED IN SUBDIVISION  FOUR  OF  THIS
   42  SECTION,  PROVIDED  THAT  NO MORE THAN EIGHTEEN HOURS OF SUCH CONTINUING
   43  EDUCATION SHALL CONSIST OF SELF-STUDY COURSES. ANY  ACUPUNCTURIST  WHOSE
   44  FIRST  REGISTRATION  DATE  FOLLOWING  THE EFFECTIVE DATE OF THIS SECTION
   45  OCCURS LESS THAN THREE YEARS FROM SUCH EFFECTIVE DATE, BUT ON  OR  AFTER
   46  OCTOBER FIRST, TWO THOUSAND SIXTEEN, SHALL COMPLETE CONTINUING EDUCATION
   47  HOURS  ON  A  PRORATED  BASIS  AT THE RATE OF ONE HOUR PER MONTH FOR THE
   48  PERIOD BEGINNING OCTOBER FIRST, TWO THOUSAND SIXTEEN  UP  TO  THE  FIRST
   49  REGISTRATION DATE THEREAFTER, BUT NO ACUPUNCTURIST SHALL IN ANY EVENT BE
   50  REQUIRED  TO  COMPLETE  LESS  THAN  SIX HOURS OF CONTINUING EDUCATION. A
   51  LICENSEE WHO  HAS  NOT  SATISFIED  THE  MANDATORY  CONTINUING  EDUCATION
   52  REQUIREMENTS SHALL NOT BE ISSUED A TRIENNIAL REGISTRATION CERTIFICATE BY
   53  THE  DEPARTMENT  AND  SHALL  NOT PRACTICE UNLESS AND UNTIL A CONDITIONAL
   54  REGISTRATION CERTIFICATE IS ISSUED AS PROVIDED FOR IN SUBDIVISION  THREE
   55  OF  THIS  SECTION. CONTINUING EDUCATION HOURS TAKEN DURING ONE TRIENNIUM
   56  MAY NOT BE TRANSFERRED TO A SUBSEQUENT TRIENNIUM.  THE MANDATORY CONTIN-
       A. 2558--A                          4
    1  UING EDUCATION FEE SHALL BE THIRTY  DOLLARS,  SHALL  BE  PAYABLE  ON  OR
    2  BEFORE THE FIRST DAY OF EACH TRIENNIAL REGISTRATION PERIOD, AND SHALL BE
    3  PAID  IN  ADDITION TO THE TRIENNIAL REGISTRATION FEE REQUIRED BY SECTION
    4  SIXTY-SEVEN HUNDRED THIRTY-FOUR OF THIS TITLE.
    5    3.  THE  DEPARTMENT, IN ITS DISCRETION, MAY ISSUE A CONDITIONAL REGIS-
    6  TRATION TO A  LICENSEE  WHO  FAILS  TO  MEET  THE  CONTINUING  EDUCATION
    7  REQUIREMENTS  ESTABLISHED  IN  SUBDIVISION  TWO  OF THIS SECTION BUT WHO
    8  AGREES TO MAKE UP ANY DEFICIENCIES AND COMPLETE ANY ADDITIONAL EDUCATION
    9  WHICH THE DEPARTMENT MAY REQUIRE. THE FEE FOR SUCH A CONDITIONAL  REGIS-
   10  TRATION SHALL BE THE SAME AS, AND IN ADDITION TO, THE FEE FOR THE TRIEN-
   11  NIAL  REGISTRATION.  THE DURATION OF SUCH CONDITIONAL REGISTRATION SHALL
   12  BE DETERMINED BY THE DEPARTMENT BUT  SHALL  NOT  EXCEED  ONE  YEAR.  ANY
   13  LICENSEE  WHO  IS  NOTIFIED OF THE DENIAL OF REGISTRATION FOR FAILURE TO
   14  SUBMIT EVIDENCE, SATISFACTORY TO THE DEPARTMENT, OF REQUIRED  CONTINUING
   15  EDUCATION  AND  WHO PRACTICES ACUPUNCTURE WITHOUT SUCH REGISTRATION, MAY
   16  BE SUBJECT TO DISCIPLINARY PROCEEDINGS PURSUANT  TO  SECTION  SIXTY-FIVE
   17  HUNDRED TEN OF THIS TITLE.
   18    4.  (A) AS USED IN SUBDIVISION TWO OF THIS SECTION, "ACCEPTABLE FORMAL
   19  CONTINUING EDUCATION"  SHALL  MEAN  FORMAL  COURSES  OF  LEARNING  WHICH
   20  CONTRIBUTE  TO  PROFESSIONAL  PRACTICE IN ACUPUNCTURE AND WHICH MEET THE
   21  STANDARDS PRESCRIBED BY REGULATIONS OF THE COMMISSIONER. THE  DEPARTMENT
   22  MAY,  IN  ITS  DISCRETION  AND AS NEEDED TO CONTRIBUTE TO THE HEALTH AND
   23  WELFARE OF THE PUBLIC, REQUIRE THE COMPLETION  OF  CONTINUING  EDUCATION
   24  COURSES  IN  SPECIFIC  SUBJECTS.  TO  FULFILL  THIS MANDATORY CONTINUING
   25  EDUCATION REQUIREMENT, COURSES SHALL BE TAKEN FROM A SPONSOR APPROVED BY
   26  THE DEPARTMENT, PURSUANT TO  THE  REGULATIONS  OF  THE  COMMISSIONER  OR
   27  OTHERWISE QUALIFY PURSUANT TO PARAGRAPH (B) OF THIS SUBDIVISION.
   28    (B)  ANY  ACUPUNCTURIST  WHO  (I) IS A PROFESSOR, ASSISTANT PROFESSOR,
   29  ADJUNCT PROFESSOR OR INSTRUCTOR AT AN INSTITUTION  OF  HIGHER  EDUCATION
   30  LOCATED IN THIS STATE OR (II) IS SPONSORED BY AN APPROVED INSTITUTION OR
   31  ASSOCIATION  AND  WHO  SERVES AS AN INSTRUCTOR IN A COURSE OF CONTINUING
   32  EDUCATION WHICH IS APPROVED AS SPECIFIED IN THE STANDARDS ESTABLISHED BY
   33  THE COMMISSIONER, MAY RECEIVE CONTINUING EDUCATION CREDIT FOR COURSES IN
   34  WHICH HE OR SHE SERVES AS THE INSTRUCTOR.  FOR  EVERY  TWELVE  HOURS  OF
   35  IN-CLASS  INSTRUCTION,  SUCH  ACUPUNCTURIST  SHALL  RECEIVE  ONE HOUR OF
   36  CONTINUING EDUCATION CREDIT, UP TO A MAXIMUM OF EIGHTEEN HOURS, FOR  ANY
   37  TRIENNIAL  PERIOD.  EVIDENCE OF SUCH INSTRUCTION SHALL BE SUBMITTED, AND
   38  CREDIT APPROVED, AS SPECIFIED BY THE COMMISSIONER.
   39    5. ACUPUNCTURISTS SHALL MAINTAIN ADEQUATE DOCUMENTATION OF  COMPLETION
   40  OF  ACCEPTABLE  FORMAL  CONTINUING  EDUCATION  AND  SHALL  PROVIDE  SUCH
   41  DOCUMENTATION AT THE REQUEST OF THE DEPARTMENT. FAILURE TO PROVIDE  SUCH
   42  DOCUMENTATION  UPON  THE  REQUEST  OF  THE DEPARTMENT SHALL BE AN ACT OF
   43  MISCONDUCT SUBJECT  TO  DISCIPLINARY  PROCEEDINGS  PURSUANT  TO  SECTION
   44  SIXTY-FIVE HUNDRED TEN OF THIS TITLE.
   45    S  5.  Paragraph  a  of subdivision 3 of section 6507 of the education
   46  law, as amended by chapter 554 of the laws of 2013, is amended  to  read
   47  as follows:
   48    a. Establish standards for preprofessional and professional education,
   49  experience and licensing examinations as required to implement the arti-
   50  cle for each profession. Notwithstanding any other provision of law, the
   51  commissioner shall establish standards requiring that all persons apply-
   52  ing,  on or after January first, nineteen hundred ninety-one, initially,
   53  or for the renewal of, a license, registration or limited permit to be a
   54  physician, chiropractor, dentist, registered nurse, podiatrist, ACUPUNC-
   55  TURIST, optometrist, psychiatrist, psychologist, licensed master  social
   56  worker,  licensed  clinical social worker, licensed creative arts thera-
       A. 2558--A                          5
    1  pist, licensed marriage and family  therapist,  licensed  mental  health
    2  counselor,  licensed  psychoanalyst, dental hygienist, licensed behavior
    3  analyst, or certified behavior analyst assistant shall, in  addition  to
    4  all  the  other  licensure,  certification  or permit requirements, have
    5  completed two hours of coursework or training regarding the  identifica-
    6  tion  and  reporting  of child abuse and maltreatment. The coursework or
    7  training shall be obtained from an institution  or  provider  which  has
    8  been  approved by the department to provide such coursework or training.
    9  The coursework or training shall include information regarding the phys-
   10  ical and behavioral indicators of child abuse and maltreatment  and  the
   11  statutory  reporting requirements set out in sections four hundred thir-
   12  teen through four hundred twenty of the social services  law,  including
   13  but  not  limited  to,  when  and  how a report must be made, what other
   14  actions the reporter is  mandated  or  authorized  to  take,  the  legal
   15  protections  afforded  reporters,  and  the  consequences for failing to
   16  report. Such coursework or training may also include information regard-
   17  ing the physical and behavioral indicators of the abuse  of  individuals
   18  with  mental retardation and other developmental disabilities and volun-
   19  tary reporting of abused or neglected adults to the  office  [of  mental
   20  retardation and] FOR PEOPLE WITH developmental disabilities or the local
   21  adult protective services unit. Each applicant shall provide the depart-
   22  ment  with  documentation  showing  that  he  or  she  has completed the
   23  required training. The department shall provide an  exemption  from  the
   24  child  abuse and maltreatment training requirements to any applicant who
   25  requests such an exemption and who shows, to the department's  satisfac-
   26  tion,  that  there  would be no need because of the nature of his or her
   27  practice for him or her to complete such training;
   28    S 6. Paragraph (a) of subdivision 1  of  section  413  of  the  social
   29  services  law, as amended by chapter 126 of the laws of 2014, is amended
   30  to read as follows:
   31    (a) The following persons and officials  are  required  to  report  or
   32  cause  a  report to be made in accordance with this title when they have
   33  reasonable cause to suspect that a child coming  before  them  in  their
   34  professional  or  official capacity is an abused or maltreated child, or
   35  when they have reasonable cause to suspect that a child is an abused  or
   36  maltreated  child  where the parent, guardian, custodian or other person
   37  legally responsible for such child comes before them  in  their  profes-
   38  sional  or  official  capacity and states from personal knowledge facts,
   39  conditions or circumstances which, if correct, would render the child an
   40  abused or maltreated child: any physician; registered physician  assist-
   41  ant;  surgeon;  medical  examiner;  coroner;  dentist; dental hygienist;
   42  osteopath; optometrist; chiropractor; podiatrist;  ACUPUNCTURIST;  resi-
   43  dent;  intern;  psychologist; registered nurse; social worker; emergency
   44  medical technician; licensed creative arts therapist; licensed  marriage
   45  and family therapist; licensed mental health counselor; licensed psycho-
   46  analyst;  licensed  behavior analyst; certified behavior analyst assist-
   47  ant; hospital personnel engaged in the admission, examination,  care  or
   48  treatment of persons; a Christian Science practitioner; school official,
   49  which  includes  but  is  not limited to school teacher, school guidance
   50  counselor, school psychologist,  school  social  worker,  school  nurse,
   51  school administrator or other school personnel required to hold a teach-
   52  ing  or  administrative  license or certificate; social services worker;
   53  director of a children's overnight camp, summer day  camp  or  traveling
   54  summer  day  camp, as such camps are defined in section thirteen hundred
   55  ninety-two of the public health law; day care center worker;  school-age
   56  child care worker; provider of family or group family day care; employee
       A. 2558--A                          6
    1  or  volunteer  in  a  residential  care  facility  for  children that is
    2  licensed, certified or operated by the office  of  children  and  family
    3  services;  or  any other child care or foster care worker; mental health
    4  professional;  substance  abuse  counselor;  alcoholism  counselor;  all
    5  persons credentialed by the office of  alcoholism  and  substance  abuse
    6  services;  peace officer; police officer; district attorney or assistant
    7  district attorney; investigator employed in the  office  of  a  district
    8  attorney; or other law enforcement official.
    9    S  7.  Paragraph  (a)  of  subdivision  1 of section 413 of the social
   10  services law, as separately amended by chapters 126 and 205 of the  laws
   11  of 2014, is amended to read as follows:
   12    (a)  The  following  persons  and  officials are required to report or
   13  cause a report to be made in accordance with this title when  they  have
   14  reasonable  cause  to  suspect  that a child coming before them in their
   15  professional or official capacity is an abused or maltreated  child,  or
   16  when  they have reasonable cause to suspect that a child is an abused or
   17  maltreated child where the parent, guardian, custodian or  other  person
   18  legally  responsible  for  such child comes before them in their profes-
   19  sional or official capacity and states from  personal  knowledge  facts,
   20  conditions or circumstances which, if correct, would render the child an
   21  abused  or maltreated child: any physician; registered physician assist-
   22  ant; surgeon; medical  examiner;  coroner;  dentist;  dental  hygienist;
   23  osteopath;  optometrist;  chiropractor; podiatrist; ACUPUNCTURIST; resi-
   24  dent; intern; psychologist; registered nurse; social  worker;  emergency
   25  medical  technician; licensed creative arts therapist; licensed marriage
   26  and family therapist; licensed mental health counselor; licensed psycho-
   27  analyst; licensed behavior analyst; certified behavior  analyst  assist-
   28  ant;  hospital  personnel engaged in the admission, examination, care or
   29  treatment of persons; a Christian Science practitioner; school official,
   30  which includes but is not limited to  school  teacher,  school  guidance
   31  counselor,  school  psychologist,  school  social  worker, school nurse,
   32  school administrator or other school personnel required to hold a teach-
   33  ing or administrative license or certificate; full or part-time  compen-
   34  sated  school  employee required to hold a temporary coaching license or
   35  professional coaching certificate; social services worker; director of a
   36  children's overnight camp, summer day camp or traveling summer day camp,
   37  as such camps are defined in section thirteen hundred ninety-two of  the
   38  public health law; day care center worker; school-age child care worker;
   39  provider  of family or group family day care; employee or volunteer in a
   40  residential care facility for children that is  licensed,  certified  or
   41  operated  by  the  office  of children and family services; or any other
   42  child care or foster care worker; mental health professional;  substance
   43  abuse  counselor;  alcoholism counselor; all persons credentialed by the
   44  office of alcoholism and substance abuse services; peace officer; police
   45  officer; district attorney or assistant district attorney;  investigator
   46  employed  in the office of a district attorney; or other law enforcement
   47  official.
   48    S 8. This act shall take effect October 1,  2016;  provided,  however,
   49  that  if chapter 205 of the laws of 2014 is not in effect on such effec-
   50  tive date, then the amendments to paragraph  (a)  of  subdivision  1  of
   51  section 413 of the social services law made by section seven of this act
   52  shall take effect on the same date and in the same manner as chapter 205
   53  of  the  laws of 2014, as amended, takes effect; provided, however, that
   54  effective immediately, the state education department is  authorized  to
   55  take  such  steps in advance of such effective date, including the addi-
   56  tion, amendment and/or repeal of any rule or regulation as may be neces-
       A. 2558--A                          7
    1  sary, to ensure the timely implementation of the provisions of this  act
    2  on such effective date.