A 3033: 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.

  
  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.