S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        3911--A
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                   February 20, 2015
                                      ___________
       Introduced  by Sen. NOZZOLIO -- read twice and ordered printed, and when
         printed to be committed  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.
   21    (C) NOTHING HEREIN SHALL BE CONSTRUED TO PROHIBIT AN INDIVIDUAL WHO IS
   22  NOT SUBJECT TO REGULATION IN THIS STATE AS A LICENSED ACUPUNCTURIST FROM
   23  ENGAGING IN THE RECOMMENDATION OF TRADITIONAL REMEDIES  AND  SUPPLEMENTS
   24  AS DEFINED HEREIN.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD02820-08-5
       S. 3911--A                          2
    1    S  2.  Subdivision 1 of section 8213 of the education law, as added by
    2  chapter 772 of the laws of 1990, is amended to read as follows:
    3    (1)(A) There is hereby established within the department a state board
    4  for  acupuncture.  [The] ON AND BEFORE SEPTEMBER THIRTIETH, TWO THOUSAND
    5  SIXTEEN, THE board shall consist of not less than eleven members  to  be
    6  appointed  by  the board of regents on the recommendation of the commis-
    7  sioner for the purpose of assisting the board of regents and the depart-
    8  ment on matters of professional licensing and  professional  conduct  in
    9  accordance  with  section  sixty-five  hundred  eight  of this [chapter]
   10  TITLE, four of whom shall be licensed acupuncturists, four of whom shall
   11  be licensed physicians certified to use acupuncture and  three  of  whom
   12  shall be public members representing the consumer and community. [Of the
   13  acupuncturists  first  appointed  to  the board, one may be a registered
   14  specialist's assistant-acupuncture provided that the term of such regis-
   15  tered specialist's assistant-acupuncture shall not  be  more  than  four
   16  years.]  Of  the members first appointed, three shall be appointed for a
   17  one year term, three shall be appointed for a two year  term  and  three
   18  shall be appointed for a three year term, and two shall be appointed for
   19  a  four  year  term.  Thereafter  all  members shall serve for five year
   20  terms. In the event that more  than  eleven  members  are  appointed,  a
   21  majority of the additional members shall be licensed acupuncturists. The
   22  members of the board shall select one of themselves as chairman to serve
   23  for a one year term.
   24    (B)  ON AND AFTER OCTOBER FIRST, TWO THOUSAND SIXTEEN, THE BOARD SHALL
   25  CONSIST OF NOT LESS THAN TWELVE MEMBERS APPOINTED AS SPECIFIED IN  PARA-
   26  GRAPH  (A) OF THIS SUBDIVISION, EXCEPT THAT AT LEAST SIX OF SUCH MEMBERS
   27  SHALL BE  LICENSED  ACUPUNCTURISTS,  THREE  OF  SUCH  MEMBERS  SHALL  BE
   28  LICENSED PHYSICIANS CERTIFIED TO USE ACUPUNCTURE AND THREE OF WHOM SHALL
   29  BE PUBLIC MEMBERS REPRESENTING THE CONSUMER AND COMMUNITY. NO MEMBER WHO
   30  IS  A LICENSED PHYSICIAN CERTIFIED TO USE ACUPUNCTURE AND WHO IS SERVING
   31  ON THE BOARD ON THE EFFECTIVE DATE OF THIS PARAGRAPH SHALL  BE  REQUIRED
   32  TO  VACATE  HIS  OR HER POSITION AS A MEMBER OF THE BOARD AS A RESULT OF
   33  THE REDUCTION IN SUCH PHYSICIAN MEMBERS FROM FOUR TO THREE AS  SPECIFIED
   34  IN THIS PARAGRAPH, BUT SUCH CHANGE IN COMPOSITION SHALL BE MADE UPON THE
   35  EXPIRATION  OF TERMS OF OFFICE, OR VACANCIES IN OFFICE, OCCURRING ON AND
   36  AFTER SUCH DATE.
   37    S 3. Subdivision 8 of section 8214 of the education law, as  added  by
   38  chapter 772 of the laws of 1990, is amended and two new subdivisions 8-a
   39  and 9 are added to read as follows:
   40    (8)  Registration:  if a license is granted, register triennially with
   41  the department, including present home and  business  address  and  such
   42  other pertinent information as the department requires[.];
   43    (8-A)  SPECIAL  REQUIREMENT FOR RECOMMENDATION OF CUSTOM-MADE REMEDIES
   44  OR HERBAL  FORMULATIONS:  ON  AND  AFTER  OCTOBER  FIRST,  TWO  THOUSAND
   45  SIXTEEN,  AN APPLICANT WHOSE PROFESSIONAL CONDUCT IN CONNECTION WITH THE
   46  PRACTICE OF ACUPUNCTURE SHALL INCLUDE THE RECOMMENDATION OF  CUSTOM-MADE
   47  REMEDIES  OR  HERBAL  FORMULATIONS  MUST  SUBMIT  EVIDENCE OF SUCCESSFUL
   48  PASSAGE OF THE HERBAL COMPETENCY EXAM OF A NATIONAL PROFESSIONAL  ORGAN-
   49  IZATION  IN  THE FIELD OF ACUPUNCTURE RECOGNIZED FOR THIS PURPOSE BY THE
   50  COMMISSIONER; AND
   51    (9) CERTIFICATES OF HERBAL PRACTICE: (A)  NO  ACUPUNCTURIST  INITIALLY
   52  LICENSED  AFTER  OCTOBER  FIRST, TWO THOUSAND SIXTEEN, SHALL DISPENSE OR
   53  RECOMMEND CUSTOM-MADE REMEDIES OR CUSTOM-MADE HERBAL FORMULATIONS  WITH-
   54  OUT  A  CERTIFICATE OF HERBAL PRACTICE ISSUED BY THE DEPARTMENT PURSUANT
   55  TO REGULATIONS OF THE COMMISSIONER.
       S. 3911--A                          3
    1    (B) THE FEE FOR A CERTIFICATE OF HERBAL PRACTICE SHALL  BE  DETERMINED
    2  BY  THE  COMMISSIONER  AND SHALL BE PAID ON A TRIENNIAL BASIS. A CERTIF-
    3  ICATE MAY BE SUSPENDED OR REVOKED IN THE SAME MANNER  AS  A  LICENSE  TO
    4  PRACTICE ACUPUNCTURE.
    5    (C) THE CERTIFICATE OF HERBAL PRACTICE UNDER THIS SECTION IS AVAILABLE
    6  ONLY  TO  PERSONS WHO ARE LICENSED TO PRACTICE ACUPUNCTURE IN ACCORDANCE
    7  WITH THIS ARTICLE.
    8    S 4. The education law is amended by adding a new section 8217 to read
    9  as follows:
   10    S 8217. MANDATORY CONTINUING EDUCATION. 1. (A) EACH LICENSED  ACUPUNC-
   11  TURIST  REQUIRED  UNDER  ARTICLE  ONE  HUNDRED THIRTY OF THIS CHAPTER TO
   12  REGISTER TRIENNIALLY WITH THE DEPARTMENT TO PRACTICE IN THE STATE  SHALL
   13  COMPLY  WITH  PROVISIONS  OF THE MANDATORY CONTINUING EDUCATION REQUIRE-
   14  MENTS PRESCRIBED IN SUBDIVISION TWO OF THIS SECTION EXCEPT AS SET  FORTH
   15  IN PARAGRAPHS (B) AND (C) OF THIS SUBDIVISION. ACUPUNCTURISTS WHO DO NOT
   16  SATISFY  THE MANDATORY CONTINUING EDUCATION REQUIREMENTS SHALL NOT PRAC-
   17  TICE UNTIL THEY HAVE MET SUCH REQUIREMENTS, EXCEPT THAT AN ACUPUNCTURIST
   18  MAY PRACTICE WITHOUT HAVING MET SUCH REQUIREMENTS IF HE OR SHE IS ISSUED
   19  A CONDITIONAL REGISTRATION CERTIFICATE AS SPECIFIED IN SUBDIVISION THREE
   20  OF THIS SECTION.
   21    (B) ACUPUNCTURISTS SHALL  BE  EXEMPT  FROM  THE  MANDATORY  CONTINUING
   22  EDUCATION REQUIREMENT FOR THE TRIENNIAL REGISTRATION PERIOD DURING WHICH
   23  THEY  ARE  FIRST  LICENSED.  IN  ACCORD WITH THE INTENT OF THIS SECTION,
   24  ADJUSTMENT TO THE MANDATORY  CONTINUING  EDUCATION  REQUIREMENT  MAY  BE
   25  GRANTED  BY  THE DEPARTMENT FOR REASONS OF HEALTH CERTIFIED BY AN APPRO-
   26  PRIATE HEALTH CARE PROFESSIONAL, FOR EXTENDED ACTIVE DUTY WITH THE ARMED
   27  FORCES OF THE UNITED STATES, OR FOR OTHER GOOD CAUSE ACCEPTABLE  TO  THE
   28  DEPARTMENT WHICH MAY PREVENT COMPLIANCE.
   29    (C)  A LICENSED ACUPUNCTURIST NOT ENGAGED IN PRACTICE AS DETERMINED BY
   30  THE DEPARTMENT, SHALL BE EXEMPT FROM THE MANDATORY CONTINUING  EDUCATION
   31  REQUIREMENT UPON THE FILING OF A STATEMENT WITH THE DEPARTMENT DECLARING
   32  SUCH  STATUS.  ANY  LICENSEE  WHO RETURNS TO THE PRACTICE OF ACUPUNCTURE
   33  DURING THE TRIENNIAL REGISTRATION PERIOD  SHALL  NOTIFY  THE  DEPARTMENT
   34  PRIOR  TO REENTERING THE PROFESSION AND SHALL MEET SUCH MANDATORY EDUCA-
   35  TION REQUIREMENTS AS SHALL BE PRESCRIBED BY REGULATIONS OF  THE  COMMIS-
   36  SIONER.
   37    2.  DURING  EACH TRIENNIAL REGISTRATION PERIOD AN APPLICANT FOR REGIS-
   38  TRATION SHALL COMPLETE A  MINIMUM  OF  THIRTY-SIX  HOURS  OF  ACCEPTABLE
   39  FORMAL  CONTINUING  EDUCATION,  AS SPECIFIED IN SUBDIVISION FOUR OF THIS
   40  SECTION, PROVIDED THAT NO MORE THAN EIGHTEEN HOURS  OF  SUCH  CONTINUING
   41  EDUCATION  SHALL  CONSIST OF SELF-STUDY COURSES. ANY ACUPUNCTURIST WHOSE
   42  FIRST REGISTRATION DATE FOLLOWING THE EFFECTIVE  DATE  OF  THIS  SECTION
   43  OCCURS  LESS  THAN THREE YEARS FROM SUCH EFFECTIVE DATE, BUT ON OR AFTER
   44  OCTOBER FIRST, TWO THOUSAND SIXTEEN, SHALL COMPLETE CONTINUING EDUCATION
   45  HOURS ON A PRORATED BASIS AT THE RATE OF ONE  HOUR  PER  MONTH  FOR  THE
   46  PERIOD  BEGINNING  OCTOBER  FIRST,  TWO THOUSAND SIXTEEN UP TO THE FIRST
   47  REGISTRATION DATE THEREAFTER, BUT NO ACUPUNCTURIST SHALL IN ANY EVENT BE
   48  REQUIRED TO COMPLETE LESS THAN SIX  HOURS  OF  CONTINUING  EDUCATION.  A
   49  LICENSEE  WHO  HAS  NOT  SATISFIED  THE  MANDATORY  CONTINUING EDUCATION
   50  REQUIREMENTS SHALL NOT BE ISSUED A TRIENNIAL REGISTRATION CERTIFICATE BY
   51  THE DEPARTMENT AND SHALL NOT PRACTICE UNLESS  AND  UNTIL  A  CONDITIONAL
   52  REGISTRATION  CERTIFICATE IS ISSUED AS PROVIDED FOR IN SUBDIVISION THREE
   53  OF THIS SECTION. CONTINUING EDUCATION HOURS TAKEN DURING  ONE  TRIENNIUM
   54  MAY NOT BE TRANSFERRED TO A SUBSEQUENT TRIENNIUM.  THE MANDATORY CONTIN-
   55  UING  EDUCATION  FEE  SHALL  BE  THIRTY  DOLLARS, SHALL BE PAYABLE ON OR
   56  BEFORE THE FIRST DAY OF EACH TRIENNIAL REGISTRATION PERIOD, AND SHALL BE
       S. 3911--A                          4
    1  PAID IN ADDITION TO THE TRIENNIAL REGISTRATION FEE REQUIRED  BY  SECTION
    2  SIXTY-SEVEN HUNDRED THIRTY-FOUR OF THIS TITLE.
    3    3.  THE  DEPARTMENT, IN ITS DISCRETION, MAY ISSUE A CONDITIONAL REGIS-
    4  TRATION TO A  LICENSEE  WHO  FAILS  TO  MEET  THE  CONTINUING  EDUCATION
    5  REQUIREMENTS  ESTABLISHED  IN  SUBDIVISION  TWO  OF THIS SECTION BUT WHO
    6  AGREES TO MAKE UP ANY DEFICIENCIES AND COMPLETE ANY ADDITIONAL EDUCATION
    7  WHICH THE DEPARTMENT MAY REQUIRE. THE FEE FOR SUCH A CONDITIONAL  REGIS-
    8  TRATION SHALL BE THE SAME AS, AND IN ADDITION TO, THE FEE FOR THE TRIEN-
    9  NIAL  REGISTRATION.  THE DURATION OF SUCH CONDITIONAL REGISTRATION SHALL
   10  BE DETERMINED BY THE DEPARTMENT BUT  SHALL  NOT  EXCEED  ONE  YEAR.  ANY
   11  LICENSEE  WHO  IS  NOTIFIED OF THE DENIAL OF REGISTRATION FOR FAILURE TO
   12  SUBMIT EVIDENCE, SATISFACTORY TO THE DEPARTMENT, OF REQUIRED  CONTINUING
   13  EDUCATION  AND  WHO PRACTICES ACUPUNCTURE WITHOUT SUCH REGISTRATION, MAY
   14  BE SUBJECT TO DISCIPLINARY PROCEEDINGS PURSUANT  TO  SECTION  SIXTY-FIVE
   15  HUNDRED TEN OF THIS TITLE.
   16    4.  (A) AS USED IN SUBDIVISION TWO OF THIS SECTION, "ACCEPTABLE FORMAL
   17  CONTINUING EDUCATION"  SHALL  MEAN  FORMAL  COURSES  OF  LEARNING  WHICH
   18  CONTRIBUTE  TO  PROFESSIONAL  PRACTICE IN ACUPUNCTURE AND WHICH MEET THE
   19  STANDARDS PRESCRIBED BY REGULATIONS OF THE COMMISSIONER. THE  DEPARTMENT
   20  MAY,  IN  ITS  DISCRETION  AND AS NEEDED TO CONTRIBUTE TO THE HEALTH AND
   21  WELFARE OF THE PUBLIC, REQUIRE THE COMPLETION  OF  CONTINUING  EDUCATION
   22  COURSES  IN  SPECIFIC  SUBJECTS.  TO  FULFILL  THIS MANDATORY CONTINUING
   23  EDUCATION REQUIREMENT, COURSES SHALL BE TAKEN FROM A SPONSOR APPROVED BY
   24  THE DEPARTMENT, PURSUANT TO  THE  REGULATIONS  OF  THE  COMMISSIONER  OR
   25  OTHERWISE QUALIFY PURSUANT TO PARAGRAPH (B) OF THIS SUBDIVISION.
   26    (B)  ANY  ACUPUNCTURIST  WHO  (I) IS A PROFESSOR, ASSISTANT PROFESSOR,
   27  ADJUNCT PROFESSOR OR INSTRUCTOR AT AN INSTITUTION  OF  HIGHER  EDUCATION
   28  LOCATED IN THIS STATE OR (II) IS SPONSORED BY AN APPROVED INSTITUTION OR
   29  ASSOCIATION  AND  WHO  SERVES AS AN INSTRUCTOR IN A COURSE OF CONTINUING
   30  EDUCATION WHICH IS APPROVED AS SPECIFIED IN THE STANDARDS ESTABLISHED BY
   31  THE COMMISSIONER, MAY RECEIVE CONTINUING EDUCATION CREDIT FOR COURSES IN
   32  WHICH HE OR SHE SERVES AS THE INSTRUCTOR.  FOR  EVERY  TWELVE  HOURS  OF
   33  IN-CLASS  INSTRUCTION,  SUCH  ACUPUNCTURIST  SHALL  RECEIVE  ONE HOUR OF
   34  CONTINUING EDUCATION CREDIT, UP TO A MAXIMUM OF EIGHTEEN HOURS, FOR  ANY
   35  TRIENNIAL  PERIOD.  EVIDENCE OF SUCH INSTRUCTION SHALL BE SUBMITTED, AND
   36  CREDIT APPROVED, AS SPECIFIED BY THE COMMISSIONER.
   37    5. ACUPUNCTURISTS SHALL MAINTAIN ADEQUATE DOCUMENTATION OF  COMPLETION
   38  OF  ACCEPTABLE  FORMAL  CONTINUING  EDUCATION  AND  SHALL  PROVIDE  SUCH
   39  DOCUMENTATION AT THE REQUEST OF THE DEPARTMENT. FAILURE TO PROVIDE  SUCH
   40  DOCUMENTATION  UPON  THE  REQUEST  OF  THE DEPARTMENT SHALL BE AN ACT OF
   41  MISCONDUCT SUBJECT  TO  DISCIPLINARY  PROCEEDINGS  PURSUANT  TO  SECTION
   42  SIXTY-FIVE HUNDRED TEN OF THIS TITLE.
   43    S  5.  Paragraph  a  of subdivision 3 of section 6507 of the education
   44  law, as amended by chapter 554 of the laws of 2013, is amended  to  read
   45  as follows:
   46    a. Establish standards for preprofessional and professional education,
   47  experience and licensing examinations as required to implement the arti-
   48  cle for each profession. Notwithstanding any other provision of law, the
   49  commissioner shall establish standards requiring that all persons apply-
   50  ing,  on or after January first, nineteen hundred ninety-one, initially,
   51  or for the renewal of, a license, registration or limited permit to be a
   52  physician, chiropractor, dentist, registered nurse, podiatrist, ACUPUNC-
   53  TURIST, optometrist, psychiatrist, psychologist, licensed master  social
   54  worker,  licensed  clinical social worker, licensed creative arts thera-
   55  pist, licensed marriage and family  therapist,  licensed  mental  health
   56  counselor,  licensed  psychoanalyst, dental hygienist, licensed behavior
       S. 3911--A                          5
    1  analyst, or certified behavior analyst assistant shall, in  addition  to
    2  all  the  other  licensure,  certification  or permit requirements, have
    3  completed two hours of coursework or training regarding the  identifica-
    4  tion  and  reporting  of child abuse and maltreatment. The coursework or
    5  training shall be obtained from an institution  or  provider  which  has
    6  been  approved by the department to provide such coursework or training.
    7  The coursework or training shall include information regarding the phys-
    8  ical and behavioral indicators of child abuse and maltreatment  and  the
    9  statutory  reporting requirements set out in sections four hundred thir-
   10  teen through four hundred twenty of the social services  law,  including
   11  but  not  limited  to,  when  and  how a report must be made, what other
   12  actions the reporter is  mandated  or  authorized  to  take,  the  legal
   13  protections  afforded  reporters,  and  the  consequences for failing to
   14  report. Such coursework or training may also include information regard-
   15  ing the physical and behavioral indicators of the abuse  of  individuals
   16  with  mental retardation and other developmental disabilities and volun-
   17  tary reporting of abused or neglected adults to the  office  [of  mental
   18  retardation and] FOR PEOPLE WITH developmental disabilities or the local
   19  adult protective services unit. Each applicant shall provide the depart-
   20  ment  with  documentation  showing  that  he  or  she  has completed the
   21  required training. The department shall provide an  exemption  from  the
   22  child  abuse and maltreatment training requirements to any applicant who
   23  requests such an exemption and who shows, to the department's  satisfac-
   24  tion,  that  there  would be no need because of the nature of his or her
   25  practice for him or her to complete such training;
   26    S 6. Paragraph (a) of subdivision 1  of  section  413  of  the  social
   27  services  law, as amended by chapter 126 of the laws of 2014, is amended
   28  to read as follows:
   29    (a) The following persons and officials  are  required  to  report  or
   30  cause  a  report to be made in accordance with this title when they have
   31  reasonable cause to suspect that a child coming  before  them  in  their
   32  professional  or  official capacity is an abused or maltreated child, or
   33  when they have reasonable cause to suspect that a child is an abused  or
   34  maltreated  child  where the parent, guardian, custodian or other person
   35  legally responsible for such child comes before them  in  their  profes-
   36  sional  or  official  capacity and states from personal knowledge facts,
   37  conditions or circumstances which, if correct, would render the child an
   38  abused or maltreated child: any physician; registered physician  assist-
   39  ant;  surgeon;  medical  examiner;  coroner;  dentist; dental hygienist;
   40  osteopath; optometrist; chiropractor; podiatrist;  ACUPUNCTURIST;  resi-
   41  dent;  intern;  psychologist; registered nurse; social worker; emergency
   42  medical technician; licensed creative arts therapist; licensed  marriage
   43  and family therapist; licensed mental health counselor; licensed psycho-
   44  analyst;  licensed  behavior analyst; certified behavior analyst assist-
   45  ant; hospital personnel engaged in the admission, examination,  care  or
   46  treatment of persons; a Christian Science practitioner; school official,
   47  which  includes  but  is  not limited to school teacher, school guidance
   48  counselor, school psychologist,  school  social  worker,  school  nurse,
   49  school administrator or other school personnel required to hold a teach-
   50  ing  or  administrative  license or certificate; social services worker;
   51  director of a children's overnight camp, summer day  camp  or  traveling
   52  summer  day  camp, as such camps are defined in section thirteen hundred
   53  ninety-two of the public health law; day care center worker;  school-age
   54  child care worker; provider of family or group family day care; employee
   55  or  volunteer  in  a  residential  care  facility  for  children that is
   56  licensed, certified or operated by the office  of  children  and  family
       S. 3911--A                          6
    1  services;  or  any other child care or foster care worker; mental health
    2  professional;  substance  abuse  counselor;  alcoholism  counselor;  all
    3  persons  credentialed  by  the  office of alcoholism and substance abuse
    4  services;  peace officer; police officer; district attorney or assistant
    5  district attorney; investigator employed in the  office  of  a  district
    6  attorney; or other law enforcement official.
    7    S  7.  Paragraph  (a)  of  subdivision  1 of section 413 of the social
    8  services law, as separately amended by chapters 126 and 205 of the  laws
    9  of 2014, is amended to read as follows:
   10    (a)  The  following  persons  and  officials are required to report or
   11  cause a report to be made in accordance with this title when  they  have
   12  reasonable  cause  to  suspect  that a child coming before them in their
   13  professional or official capacity is an abused or maltreated  child,  or
   14  when  they have reasonable cause to suspect that a child is an abused or
   15  maltreated child where the parent, guardian, custodian or  other  person
   16  legally  responsible  for  such child comes before them in their profes-
   17  sional or official capacity and states from  personal  knowledge  facts,
   18  conditions or circumstances which, if correct, would render the child an
   19  abused  or maltreated child: any physician; registered physician assist-
   20  ant; surgeon; medical  examiner;  coroner;  dentist;  dental  hygienist;
   21  osteopath;  optometrist;  chiropractor; podiatrist; ACUPUNCTURIST; resi-
   22  dent; intern; psychologist; registered nurse; social  worker;  emergency
   23  medical  technician; licensed creative arts therapist; licensed marriage
   24  and family therapist; licensed mental health counselor; licensed psycho-
   25  analyst; licensed behavior analyst; certified behavior  analyst  assist-
   26  ant;  hospital  personnel engaged in the admission, examination, care or
   27  treatment of persons; a Christian Science practitioner; school official,
   28  which includes but is not limited to  school  teacher,  school  guidance
   29  counselor,  school  psychologist,  school  social  worker, school nurse,
   30  school administrator or other school personnel required to hold a teach-
   31  ing or administrative license or certificate; full or part-time  compen-
   32  sated  school  employee required to hold a temporary coaching license or
   33  professional coaching certificate; social services worker; director of a
   34  children's overnight camp, summer day camp or traveling summer day camp,
   35  as such camps are defined in section thirteen hundred ninety-two of  the
   36  public health law; day care center worker; school-age child care worker;
   37  provider  of family or group family day care; employee or volunteer in a
   38  residential care facility for children that is  licensed,  certified  or
   39  operated  by  the  office  of children and family services; or any other
   40  child care or foster care worker; mental health professional;  substance
   41  abuse  counselor;  alcoholism counselor; all persons credentialed by the
   42  office of alcoholism and substance abuse services; peace officer; police
   43  officer; district attorney or assistant district attorney;  investigator
   44  employed  in the office of a district attorney; or other law enforcement
   45  official.
   46    S 8. This act shall take effect October 1,  2016;  provided,  however,
   47  that  if chapter 205 of the laws of 2014 is not in effect on such effec-
   48  tive date, then the amendments to paragraph  (a)  of  subdivision  1  of
   49  section 413 of the social services law made by section seven of this act
   50  shall take effect on the same date and in the same manner as chapter 205
   51  of  the  laws of 2014, as amended, takes effect; provided, however, that
   52  effective immediately, the state education department is  authorized  to
   53  take  such  steps in advance of such effective date, including the addi-
   54  tion, amendment and/or repeal of any rule or regulation as may be neces-
   55  sary, to ensure the timely implementation of the provisions of this  act
   56  on such effective date.