THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

1 Section 1. Short title. This act shall be known and may be cited as
2 the "complementary and alternative health freedom of access act".
3 S 2. Title 9, article 170, and sections 9001, 9002 and 9003 of the
4 education law are renumbered title 10, article 180, and sections 10001,
5 10002 and 10003.
6 S 3. The education law is amended by adding a new title 9 to read as
7 follows:
8 TITLE 9
9 COMPLEMENTARY AND ALTERNATIVE CARE
10 ARTICLE 170. COMPLEMENTARY AND ALTERNATIVE CARE (SECS. 9001-9010).
11 ARTICLE 170
12 COMPLEMENTARY AND ALTERNATIVE
13 CARE
14 SECTION 9001. INTRODUCTION.
15 9002. DEFINITIONS.
16 9003. TREATMENT OF MINORS.
17 9004. STATE OFFICE OF NONLICENSED COMPLEMENTARY AND ALTERNATIVE
18 HEALTH CARE PRACTICE.
19 9005. DATA.
20 9006. EXCHANGE OF INFORMATION.
21 9007. PROHIBITED CONDUCT.
22 9008. DISCIPLINARY ACTIONS.
23 9009. ADDITIONAL REMEDIES.
24 9010. COMPLEMENTARY AND ALTERNATIVE HEALTH CARE CLIENT BILL OF
25 RIGHTS.

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1
2
3 S 9001. INTRODUCTION. NOTWITHSTANDING ANY INCONSISTENT PROVISION OF
4 THE LAW, THIS TITLE PROTECTS INDIVIDUALS` FREEDOM OF ACCESS TO COMPLE-
5 MENTARY AND ALTERNATIVE HEALTH CARE INFORMATION AND TREATMENTS, AND
6 ACCESS TO NONLICENSED COMPLEMENTARY AND ALTERNATIVE HEALTH CARE PRACTI-
7 TIONERS OF THEIR CHOICE. THE LEGISLATURE INTENDS FOR THE CONSUMER OF
8 HEALTH CARE SERVICES TO HAVE FREEDOM OF CHOICE OF HEALTH CARE MODALITY
9 AND HEALTH CARE PRACTITIONER; IT INTENDS TO PROTECT CONSUMERS BY REQUIR-
10 ING DISCLOSURE BY THE PRACTITIONER TO THE CLIENT; AND IT INTENDS THAT
11 WITH RESPECT TO PRACTITIONERS THERE NOT BE SCOPE OF PRACTICE DEFINITIONS
12 OR RESTRICTIONS, STANDARDS OR PRACTICE OR EDUCATIONAL CREDENTIALS
13 IMPOSED OR ENFORCED BY THE STATE. IT INTENDS THAT THIS ARTICLE SHALL
14 PROVIDE EXCLUSIVE JURISDICTION OVER NONLICENSED COMPLEMENTARY AND ALTER-
15 NATIVE HEALTH CARE PRACTITIONERS.
16 S 9002. DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE:
17 1. "COMMISSIONER" MEANS THE COMMISSIONER OF HEALTH OR HIS OR HER
18 DESIGNEE.
19 2. "DEPARTMENT" MEANS THE DEPARTMENT OF HEALTH.
20 3. "COMPLEMENTARY AND ALTERNATIVE HEALTH CARE CLIENT" MEANS AN INDI-
21 VIDUAL WHO RECEIVES SERVICES FROM A NONLICENSED COMPLEMENTARY AND ALTER-
22 NATIVE HEALTH CARE PRACTITIONER.
23 4. "COMPLEMENTARY AND ALTERNATIVE HEALTH CARE PRACTICES" MEANS THE
24 BROAD DOMAIN OF COMPLEMENTARY AND ALTERNATIVE HEALING METHODS AND TREAT-
25 MENT INCLUDING: ACUPRESSURE; ASIAN HEALING PRACTICES; ANTHROPOSOPHY;
26 AROMA THERAPY; AYURVEDA; BODY-MIND CENTERING;
27 CRAINIAL SACRAL THERAPY; CULTURALLY TRADITIONAL HEALING PRACTICES;
28 DETOXIFICATION PRACTICES AND THERAPIES; ENERGETIC HEALING; FLOWER
29 ESSENCES; FOLK PRACTICES; GERSON THERAPY; HEALING PRACTICES UTILIZING
30 FOOD, FOOD SUPPLEMENTS, NUTRIENTS AND PHYSICAL FORCES OF HEAT, COLD,
31 WATER, COLOR, TOUCH AND LIGHT; HEALING-RELATED KINESIOLOGY; HEALING
32 TOUCH; HELLERWORK; HERBOLOGY OR HERBALISM; HOMEOPATHY; IRIDOLOGY; JIN
33 SHIN THERAPY; MIND-BODY HEALING PRACTICES; NATUROPATHY; POLARITY THERA-
34 PY; QI GONG; REFLEXOLOGY; REIKI; ROLFING; SHIATSU; TRAGER APPROACH;
35 SOMATIC PRACTICES OF MOVEMENT THERAPY; STRUCTURAL INTEGRATION; TOUCH FOR
36 HEALTH; TUINA; YOGA; OR ANY COMBINATION OF SUCH PRACTICES.
37 (A) COMPLEMENTARY AND ALTERNATIVE HEALTH CARE PRACTICES SHALL NOT
38 INCLUDE: SURGERY; X-RAY RADIATION; ADMINISTERING OR DISPENSING LEGEND
39 DRUGS AND CONTROLLED SUBSTANCES; PRACTICES THAT INVADE THE HUMAN BODY BY
40 PUNCTURE OF THE SKIN; SETTING FRACTURES; STROKING, KNEADING, TAPPING, OR
41 VIBRATING WITH HANDS OR VIBRATOR THE MUSCULAR STRUCTURE OF THE BODY FOR
42 THE PURPOSE OF IMPROVING MUSCLE TONE OR CIRCULATION; OR THE MANIPULATION
43 OR ADJUSTMENT OF THE SPINE.
44 (B) COMPLEMENTARY AND ALTERNATIVE HEALTH CARE PRACTICES SHALL NOT
45 INCLUDE PROVIDING A MEDICAL DIAGNOSIS OR RECOMMENDING THE DISCONTINUANCE
46 OF LEGEND DRUGS PRESCRIBED BY A LICENSED HEALTH CARE PRACTITIONER.
47 NOTWITHSTANDING ANY OTHER PROVISION OF LAW, A NONLICENSED COMPLEMENTARY
48 AND ALTERNATIVE HEALTH CARE PRACTITIONER MAY PROVIDE PERSONAL CONSULTA-
49 TIONS AND SCREENINGS BASED UPON THE PRACTITIONER`S METHOD OF COMPLEMEN-
50 TARY AND ALTERNATIVE CARE; MAY MAKE ASSESSMENTS OF THE CLIENT`S HEALTH
51 PROBLEMS AND CONCERNS AS THEY RELATE TO THE NONLICENSED COMPLEMENTARY
52 AND ALTERNATIVE HEALTH CARE PRACTITIONER`S METHODS OF PRACTICE; AND MAY
53 MAKE RECOMMENDATIONS FOR THE USE OF THE COMPLEMENTARY OR ALTERNATIVE
54 HEALTH PRACTICE METHODS OR TREATMENTS IN ACCORDANCE WITH THE
55 CONSULTATION, SCREENING AND ASSESSMENTS OF THE PRACTITIONER.
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1 (C) THIS ARTICLE SHALL NOT APPLY TO, CONTROL, PREVENT OR RESTRICT THE
2 PRACTICE, SERVICE OR ACTIVITY OF LAWFULLY MARKETING OR DISTRIBUTING FOOD
3 PRODUCTS, INCLUDING DIETARY SUPPLEMENTS AS DEFINED IN THE FEDERAL
4 DIETARY SUPPLEMENT HEALTH AND EDUCATING ACT, EDUCATING CUSTOMERS ABOUT
5 SUCH PRODUCTS, OR EXPLAINING THE USES OF SUCH PRODUCTS.
6 (D) THIS ARTICLE SHALL NOT PREVENT OR RESTRICT, EDUCATION ABOUT
7 COMPLEMENTARY AND ALTERNATIVE HEALTH CARE PRACTICES AND THEIR USES, AND
8 SHALL NOT PREVENT OR RESTRICT EDUCATION ABOUT COMPLEMENTARY AND ALTERNA-
9 TIVE HEALTH CARE PRACTICES THROUGH INSTRUCTION OR THROUGH USE OF THE
10 PRACTICES.
11 5. "STATE OFFICE OF NONLICENSED COMPLEMENTARY AND ALTERNATIVE HEALTH
12 CARE PRACTICE" OR "STATE OFFICE" MEANS THE STATE OFFICE OF NONLICENSED
13 COMPLEMENTARY AND ALTERNATIVE HEALTH CARE PRACTICE ESTABLISHED WITHIN
14 THE DEPARTMENT.
15 6. "NONLICENSED COMPLEMENTARY AND ALTERNATIVE HEALTH CARE PRACTITIONER"
16 MEANS A PERSON WHO:
17 (A) EITHER:
18 (I) IS NOT LICENSED OR REGISTERED BY A HEALTH-RELATED LICENSING BOARD
19 OR THE COMMISSIONER; OR
20 (II) IS LICENSED OR REGISTERED BY THE COMMISSIONER OR A HEALTH-RELATED
21 LICENSING BOARD, BUT DOES NOT HOLD HIMSELF OR HERSELF OUT TO THE PUBLIC
22 AS BEING LICENSED OR REGISTERED BY THE COMMISSIONER OR A HEALTH-RELATED
23 LICENSING BOARD WHEN ENGAGING IN COMPLEMENTARY AND ALTERNATIVE HEALTH
24 CARE; AND
25 (B) HAS NOT HAD A LICENSE OR REGISTRATION ISSUED BY A HEALTH-RELATED
26 LICENSING BOARD, THE BOARD OF REGENTS OR THE COMMISSIONER, REVOKED; AND
27 (C) IS ENGAGED IN COMPLEMENTARY AND ALTERNATIVE HEALTH CARE PRACTICES;
28 AND
29 (D) IS PROVIDING COMPLEMENTARY AND ALTERNATIVE HEALTH CARE SERVICES
30 FOR REMUNERATION, OR IS HOLDING HIMSELF OR HERSELF OUT TO THE PUBLIC AS
31 A PRACTITIONER OF COMPLEMENTARY AND ALTERNATIVE HEALTH CARE PRACTICES
32 AND IS PROVIDING SERVICES TO CLIENTS.
33 7. A HEALTH CARE PRACTITIONER LICENSED OR REGISTERED BY THE COMMIS-
34 SIONER OF EDUCATION OR A HEALTH-RELATED LICENSING BOARD CREATED UNDER
35 TITLE EIGHT OF THIS CHAPTER, WHO ENGAGES IN COMPLEMENTARY AND ALTERNA-
36 TIVE HEALTH CARE AS DEFINED BY THIS SECTION, WHILE NOT HOLDING HIMSELF
37 OR HERSELF OUT TO THE PUBLIC AS A LICENSED PRACTITIONER, SHALL BE REGU-
38 LATED BY AND BE UNDER THE JURISDICTION OF THE STATE OFFICE OF NONLICENSED
39 COMPLEMENTARY AND ALTERNATIVE HEALTH CARE PRACTICE. A HEALTH CARE PRAC-
40 TITIONER LICENSED OR REGISTERED BY THE COMMISSIONER OF EDUCATION OR A
41 HEALTH-RELATED LICENSING BOARD CREATED UNDER TITLE EIGHT OF THE CHAPTER
42 WHO HOLDS HIMSELF OR HERSELF OUT TO THE PUBLIC AS A LICENSED PRACTITION-
43 ER WHILE PRACTICING AND PROVIDING COMPLEMENTARY AND ALTERNATIVE HEALTH
44 CARE SERVICES SHALL FOR ALL PURPOSES BE REGULATED BY AND BE UNDER THE
45 JURISDICTION OF HIS OR HER APPLICABLE HEALTH-RELATED LICENSING BOARD OR
46 REGULATORY AGENCY.
47 S 9003. TREATMENT OF MINORS. NOTHING IN THIS ARTICLE SHALL RESTRICT
48 THE ABILITY OF A LOCAL PUBLIC ASSISTANCE AGENCY, LOCAL LAW ENFORCEMENT
49 AGENCY OR THE STATE TO TAKE ACTION REGARDING THE MALTREATMENT OF MINORS
50 UNDER ARTICLE TWO HUNDRED SIXTY OF THE PENAL LAW, OR OTHERWISE CHANGE OR
51 AFFECT THE TREATMENT OF MINORS PURSUANT TO STATE LAW.
52 S 9004. STATE OFFICE OF NONLICENSED COMPLEMENTARY AND ALTERNATIVE
53 HEALTH CARE PRACTICE. 1. THE STATE OFFICE OF NONLICENSED COMPLEMENTARY
54 AND ALTERNATIVE HEALTH CARE PRACTICE IS HEREBY CREATED WITHIN THE
55 DEPARTMENT TO INVESTIGATE COMPLAINTS AND TO TAKE AND ENFORCE DISCIPLI-
56 NARY ACTIONS AGAINST ALL NONLICENSED COMPLEMENTARY AND ALTERNATIVE HEALTH
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1 CARE PRACTITIONERS FOR VIOLATIONS OF PROHIBITED CONDUCT, AS DEFINED IN
2 SECTION NINE THOUSAND SEVEN OF THIS ARTICLE.
3 2. NO RULE OR REGULATION SHALL BE MADE, PROMULGATED OR ADOPTED BY THE
4 STATE OFFICE WHICH HAS OR TENDS TO HAVE THE EFFECT OF CREATING CREDEN-
5 TIALING STANDARDS, STANDARDS OF PRACTICE OR SCOPE OF PRACTICE RULES FOR
6 NONLICENSED COMPLEMENTARY AND ALTERNATIVE HEALTH CARE PRACTICES OR THE
7 PRACTITIONERS THEREOF, OR WHICH REQUIRE OR TEND TO REQUIRE REGISTRATION
8 OF NONLICENSED COMPLEMENTARY AND ALTERNATIVE HEALTH CARE PRACTITIONERS.
9 3. THE STATE OFFICE SHALL EMPLOY INVESTIGATORS WHO SHALL INVESTIGATE
10 ANY COMPLAINTS MADE AGAINST AN NONLICENSED COMPLEMENTARY AND ALTERNATIVE
11 HEALTH CARE PRACTITIONER TO THE EXTENT NECESSARY TO DECIDE WHETHER THERE
12 ARE REASONABLE GROUNDS TO BELIEVE THAT A PRACTITIONER SUBJECT TO THE
13 PROVISIONS OF THIS ARTICLE HAS ENGAGED IN PROHIBITED CONDUCT. IF SO, THE
14 INVESTIGATOR SHALL DETERMINE WHETHER THE COMPLAINT IS SUBSTANTIALLY
15 FOUNDED OR SUBSTANTIALLY UNFOUNDED. IF SUBSTANTIALLY FOUNDED, THE INVES-
16 TIGATOR SHALL ATTEMPT A RESOLUTION OF THE CASE BY WORKING WITH THE PRAC-
17 TITIONER. IF RESOLUTION OF THE CASE BY THE INVESTIGATOR IS NOT POSSIBLE,
18 THE INVESTIGATOR SHALL RECOMMEND TO THE COMMISSIONER THE DISCIPLINARY
19 ACTION TO BE TAKEN.
20 (A) DISCOVERY; SUBPOENAS. IN ALL MATTERS RELATING TO THE LAWFUL ACTIV-
21 ITIES OF THE STATE BOARD, THE COMMISSIONER MAY ISSUE SUBPOENAS AND
22 COMPEL THE ATTENDANCE OF WITNESSES AND THE PRODUCTION OF ALL NECESSARY
23 PAPERS, BOOKS, RECORDS, DOCUMENTS AND OTHER EVIDENTIARY MATERIAL. ANY
24 PERSON FAILING OR REFUSING TO APPEAR TO TESTIFY REGARDING ANY MATTER
25 ABOUT WHICH THE PERSON MAY BE LAWFULLY QUESTIONED OR FAILING TO PRODUCE
26 ANY PAPERS, BOOKS, RECORDS, DOCUMENTS OR OTHER EVIDENTIARY MATERIALS IN
27 THE MATTER TO BE HEARD, AFTER HAVING BEEN REQUIRED BY ORDER OF THE
28 COMMISSIONER OR BY A SUBPOENA OF THE COMMISSIONER TO DO SO MAY, UPON
29 APPLICATION TO THE SUPREME COURT, BE ORDERED TO COMPLY WITH THE ORDER OR
30 SUBPOENA. THE COMMISSIONER MAY ADMINISTER OATHS TO WITNESSES OR TAKE
31 THEIR AFFIRMATION. DEPOSITIONS MAY BE TAKEN WITHIN OR WITHOUT THE STATE
32 IN THE MANNER PROVIDED BY LAW FOR THE TAKING OF DEPOSITIONS IN CIVIL
33 ACTIONS. A SUBPOENA OR OTHER PROCESS MAY BE SERVED UPON A PERSON IT
34 NAMES ANYWHERE WITHIN THE STATE BY ANY PERSON AUTHORIZED TO SERVE
35 SUBPOENAS OR OTHER PROCESS IN CIVIL ACTIONS IN THE SAME MANNER AS
36 PRESCRIBED BY LAW FOR SERVICE OF PROCESS ISSUED OUT OF THE SUPREME
37 COURT.
38 (B) HEARINGS. IF THE COMMISSIONER PROPOSES TO TAKE ACTION AGAINST A
39 PRACTITIONER AS DESCRIBED IN SUBDIVISION ONE OF THIS SECTION, THE
40 COMMISSIONER SHALL NOTIFY THE PRACTITIONER AGAINST WHOM THE ACTION IS
41 PROPOSED TO BE TAKEN AND PROVIDE THE PRACTITIONER WITH AN OPPORTUNITY TO
42 REQUEST A HEARING UNDER THE PROVISIONS OF THIS ARTICLE. IF THE PRACTI-
43 TIONER FAILS TO REQUEST A HEARING BY NOTIFYING THE COMMISSIONER WITHIN
44 THIRTY DAYS AFTER SERVICE OF THE NOTICE OF THE PROPOSED ACTION, THE
45 COMMISSIONER MAY PROCEED WITH THE ACTION WITHOUT A HEARING. THE PRACTI-
46 TIONER`S RIGHT TO PRACTICE SHALL NOT BE SUSPENDED OR ABRIDGED DURING
47 INVESTIGATION OF A COMPLAINT OR DURING A HEARING HELD PURSUANT TO THIS
48 SECTION, EXCEPT UPON A SPECIAL ORDER OF THE COMMISSIONER WHICH SHALL BE
49 SERVED BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED, UPON THE PRACTITION-
50 ER AND SHALL STATE WITH PARTICULARITY THE CIRCUMSTANCES WHICH LEAD THE
51 COMMISSIONER TO BELIEVE THAT THE PRACTITIONER IS A DANGER TO HIMSELF OR
52 HERSELF OR TO OTHERS. IN CASES WHERE THE PRACTITIONER`S RIGHT TO PRAC-
53 TICE IS SUSPENDED PENDING INVESTIGATION, HEARING OR DETERMINATION, THE
54 ENTIRE PROCESS SHALL BE EXPEDITED SO THAT A DETERMINATION CAN BE
55 RENDERED, IN WRITING, AS QUICKLY AS REASONABLY POSSIBLE AND IN ANY EVENT
56 WITHIN NINETY DAYS OF THE DATE OF THE FILING OF THE COMPLAINT.
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1 4. THE COMMISSIONER, EMPLOYEES OF THE DEPARTMENT AND OTHER PERSONS
2 ENGAGED IN THE INVESTIGATION OF VIOLATIONS OF THIS ARTICLE SHALL BE
3 IMMUNE FROM CIVIL LIABILITY AND CRIMINAL PROSECUTION FOR ANY ACTIONS,
4 TRANSACTIONS OR PUBLICATIONS IN THE EXECUTION OF OR RELATING TO THEIR
5 DUTIES UNDER THIS ARTICLE, EXCEPT IN CASE OF CLEAR AND CONVINCING
6 EVIDENCE OF MALICIOUS CONTINUANCE OF INVESTIGATION WHEN REASONABLE
7 PERSONS WOULD CONCLUDE EITHER THAT NO VIOLATION HAS OCCURRED OR THAT
8 WHATEVER TECHNICAL VIOLATION MAY HAVE OCCURRED, NO HARM HAS COME TO A
9 MEMBER OF THE PUBLIC AS A RESULT THEREOF.
10 5. THE STATE OFFICE SHALL MAINTAIN AND KEEP CURRENT FILES CONTAINING
11 THE REPORTS AND COMPLAINTS FILED AGAINST NONLICENSED COMPLEMENTARY AND
12 ALTERNATIVE HEALTH CARE PRACTITIONERS WITHIN THE COMMISSIONER`S JURIS-
13 DICTION. EACH COMPLAINT FILED WITH THE STATE OFFICE SHALL BE INVESTI-
14 GATED.
15 6. A NONLICENSED COMPLEMENTARY AND ALTERNATIVE HEALTH CARE PRACTITION-
16 ER WHO IS THE SUBJECT OF AN INVESTIGATION, OR WHO IS QUESTIONED IN
17 CONNECTION WITH AN INVESTIGATION, BY OR ON BEHALF OF THE STATE OFFICE,
18 SHALL COOPERATE FULLY WITH SUCH INVESTIGATION. COOPERATION SHALL INCLUDE
19 RESPONDING FULLY AND PROMPTLY TO ANY QUESTION RAISED BY OR ON BEHALF OF
20 THE STATE OFFICE RELATING TO THE SUBJECT OF THE INVESTIGATION, WHETHER
21 TAPE RECORDED OR NOT; PROVIDING COPIES OF CLIENT RECORDS, AS REASONABLY
22 REQUESTED BY THE STATE OFFICE, TO ASSIST THE STATE OFFICE IN ITS INVES-
23 TIGATION; AND APPEARING AT CONFERENCES OR HEARINGS SCHEDULED BY THE
24 COMMISSIONER. IF ACCESS TO THE PRACTITIONER`S CLIENT RECORDS IS NECES-
25 SARY FOR THE INVESTIGATION, THE STATE OFFICE SHALL PROVIDE TO THE PRAC-
26 TITIONER A PHOTOCOPY OF THE CLIENT`S WRITTEN CONSENT TO THE ACCESS BY
27 THE STATE OFFICE AND THE DISCLOSURE BY THE PRACTITIONER. IF THE STATE
28 OFFICE DOES NOT HAVE A WRITTEN CONSENT FROM A CLIENT PERMITTING ACCESS
29 TO THE CLIENT`S RECORDS, THE NONLICENSED COMPLEMENTARY AND ALTERNATIVE
30 HEALTH CARE PRACTITIONER SHALL DELETE IN THE RECORD ANY DATA THAT IDEN-
31 TIFIES THE CLIENT BEFORE PROVIDING IT TO THE STATE OFFICE. IF A NONLICENSED
32 COMPLEMENTARY AND ALTERNATIVE HEALTH CARE PRACTITIONER REFUSES TO
33 GIVE TESTIMONY OR PRODUCE ANY DOCUMENTS, BOOKS, RECORDS OR CORRESPOND-
34 ENCE ON THE BASIS OF THE FIFTH AMENDMENT TO THE CONSTITUTION OF THE
35 UNITED STATES, THE COMMISSIONER MAY COMPEL THE NONLICENSED COMPLEMENTARY
36 AND ALTERNATIVE HEALTH CARE PRACTITIONER TO PROVIDE THE TESTIMONY OR
37 INFORMATION; HOWEVER, THE TESTIMONY OR EVIDENCE SHALL NOT BE USED
38 AGAINST THE PRACTITIONER IN ANY CRIMINAL PROCEEDING. CHALLENGES TO
39 REQUESTS OF THE STATE OFFICE MAY BE BROUGHT BEFORE THE APPROPRIATE AGEN-
40 CY OR COURT.
41 S 9005. DATA. UPON JUDICIAL REVIEW OF ANY DISCIPLINARY ACTION TAKEN BY
42 THE COMMISSIONER UNDER THIS ARTICLE, THE REVIEWING COURT SHALL SEAL THE
43 PORTIONS OF THE ADMINISTRATIVE RECORD THAT CONTAIN DATA ON A COMPLEMEN-
44 TARY AND ALTERNATIVE HEALTH CARE CLIENT OR A COMPLAINANT AND SHALL NOT
45 MAKE THOSE PORTIONS OF THE ADMINISTRATIVE RECORD AVAILABLE TO THE
46 PUBLIC.
47 1. DATA RELATING TO INVESTIGATIONS OF COMPLAINTS AND DISCIPLINARY
48 ACTIONS INVOLVING NONLICENSED COMPLEMENTARY AND ALTERNATIVE HEALTH CARE
49 PRACTITIONERS SHALL BE GOVERNED BY THIS SUBDIVISION. EXCEPT AS PROVIDED
50 IN ARTICLE TWENTY-EIGHT OF THE PUBLIC HEALTH LAW, DATA RELATING TO
51 INVESTIGATIONS OF COMPLAINTS AND DISCIPLINARY ACTIONS INVOLVING NONLI-
52 CENSED COMPLEMENTARY AND ALTERNATIVE HEALTH CARE PRACTITIONERS SHALL BE
53 PUBLIC INFORMATION, REGARDLESS OF THE OUTCOME OF ANY INVESTIGATION,
54 ACTION, OR PROCEEDING.
55 2. THE FOLLOWING DATA IS CONFIDENTIAL INFORMATION ON INDIVIDUALS, AS
56 DEFINED IN SECTION EIGHTEEN OF THE PUBLIC HEALTH LAW:
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1 (A) DATA ON A COMPLEMENTARY AND ALTERNATIVE HEALTH CARE CLIENT;
2 (B) DATA ON A COMPLAINANT, EXCEPT WHEN THE NONLICENSED COMPLEMENTARY
3 AND ALTERNATIVE HEALTH CARE SERVICE PROVIDER HAS FILED WITH THE STATE
4 OFFICE A SWORN AFFIDAVIT OR AFFIRMATION UNDER PENALTY OF PERJURY ALLEG-
5 ING FACTS WHICH, IF SUBSTANTIATED, WOULD TEND TO SHOW THAT THE COMPLAIN-
6 ANT FILED THE COMPLAINT KNOWING THAT THE COMPLAINT HAD NO SUBSTANTIAL
7 FOUNDATION IN FACT, OR FILED IT WITH RECKLESS DISREGARD FOR WHETHER OR
8 NOT IT WAS SUBSTANTIALLY FOUNDED, IN WHICH CASE THE NAME AND ADDRESS OF
9 THE COMPLAINANT SHALL BE FURNISHED TO THE NONLICENSED COMPLEMENTARY AND
10 ALTERNATIVE HEALTH CARE PROVIDER FOR THE SOLE PURPOSES OF ALLOWING SUCH
11 PROVIDER TO COMMENCE LEGAL ACTION IN TORT AGAINST THE COMPLAINANT, AND
12 TO TERMINATE THE HEALTH CARE RELATIONSHIP, IF ANY, WITH THE COMPLAINANT,
13 AND SUCH INFORMATION SHALL NOT BE USED FOR ANY OTHER PURPOSES; AND
14 (C) DATA ON THE NATURE OR CONTENT OF UNSUBSTANTIATED COMPLAINTS WHEN
15 THE INFORMATION IS NOT MAINTAINED IN ANTICIPATION OF LEGAL ACTION.
16 S 9006. EXCHANGE OF INFORMATION. 1. THE STATE OFFICE SHALL ESTABLISH
17 INTERNAL OPERATING PROCEDURES FOR:
18 (A) EXCHANGING INFORMATION WITH STATE BOARDS, AGENCIES INCLUDING THE
19 OFFICE OF MENTAL HEALTH, HEALTH RELATED AND LAW ENFORCEMENT FACILITIES,
20 DEPARTMENTS RESPONSIBLE FOR LICENSING HEALTH RELATED OCCUPATIONS, FACIL-
21 ITIES AND PROGRAMS; AND LAW ENFORCEMENT PERSONNEL IN THIS AND OTHER
22 STATES; AND
23 (B) COORDINATING INVESTIGATIONS INVOLVING MATTERS WITHIN THE JURISDIC-
24 TION OF MORE THAN ONE REGULATORY AGENCY.
25 2. THE PROCEDURES FOR EXCHANGING INFORMATION SHALL PROVIDE FOR THE
26 FORWARDING TO THE ENTITIES DESCRIBED IN PARAGRAPH (A) OF SUBDIVISION ONE
27 OF THIS SECTION, OF INFORMATION AND EVIDENCE, INCLUDING THE RESULTS OF
28 INVESTIGATIONS, THAT ARE RELEVANT TO MATTERS WITHIN THE REGULATORY
29 JURISDICTION OF THE ORGANIZATIONS IN SUBDIVISION ONE OF THIS SECTION.
30 THE DATA SHALL HAVE THE SAME CLASSIFICATION IN THE HANDS OF THE AGENCY
31 RECEIVING THE DATA AS IT HAS IN THE HANDS OF THE AGENCY PROVIDING THE
32 DATA.
33 3. THE STATE OFFICE SHALL ESTABLISH PROCEDURES FOR EXCHANGING INFORMA-
34 TION WITH OTHER STATES REGARDING DISCIPLINARY ACTION AGAINST NONLICENSED
35 COMPLEMENTARY AND ALTERNATIVE HEALTH CARE PRACTITIONERS.
36 4. THE STATE OFFICE SHALL FORWARD TO ANOTHER GOVERNMENTAL AGENCY ANY
37 COMPLAINTS RECEIVED BY THE STATE OFFICE THAT DO NOT RELATE TO THE STATE
38 OFFICE`S JURISDICTION BUT THAT RELATE TO MATTERS WITHIN THE JURISDICTION
39 OF THE OTHER GOVERNMENTAL AGENCY. HOWEVER, REGULATION AND DISCIPLINE OF
40 PERSONS FALLING WITHIN THE DEFINITION OF NONLICENSED COMPLEMENTARY AND
41 ALTERNATIVE HEALTH CARE PRACTITIONERS SHALL NOT BE WITHIN THE JURISDIC-
42 TION OF AGENCIES OR BOARDS ESTABLISHED IN TITLE EIGHT OF THIS CHAPTER,
43 OR OTHER HEALTH-RELATED AGENCIES IN THIS STATE. THE AGENCY TO WHICH A
44 COMPLAINT IS FORWARDED SHALL ADVISE THE STATE OFFICE OF THE DISPOSITION
45 OF THE COMPLAINT. A COMPLAINT OR OTHER INFORMATION RECEIVED BY ANOTHER
46 GOVERNMENTAL AGENCY RELATING TO A STATUTE OR RULE THAT THE STATE OFFICE
47 IS EMPOWERED TO ENFORCE SHALL BE FORWARDED TO THE STATE OFFICE TO BE
48 PROCESSED IN ACCORDANCE WITH THIS SECTION.
49 5. THE STATE OFFICE SHALL FURNISH TO A PERSON WHO MADE A COMPLAINT A
50 DESCRIPTION OF THE ACTIONS OF THE STATE OFFICE RELATING TO THE
51 COMPLAINT.
52 S 9007. PROHIBITED CONDUCT. 1. THE COMMISSIONER MAY IMPOSE DISCIPLI-
53 NARY ACTION AS DESCRIBED IN SECTION NINE THOUSAND EIGHT OF THIS ARTICLE
54 AGAINST ANY NONLICENSED COMPLEMENTARY AND ALTERNATIVE HEALTH CARE PRACTI-
55 TIONER. THE FOLLOWING CONDUCT SHALL BE PROHIBITED AND SHALL BE GROUNDS
56 FOR DISCIPLINARY ACTION:
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1 (A) CONVICTION OF A CRIME IN THIS STATE OR ANY OTHER JURISDICTION IN
2 THE UNITED STATES, REASONABLY RELATED TO ENGAGING IN COMPLEMENTARY AND
3 ALTERNATIVE HEALTH CARE PRACTICES. "CONVICTION OF A CRIME", AS USED IN
4 THIS SUBDIVISION, INCLUDES A CONVICTION OF AN OFFENSE WHICH, IF COMMIT-
5 TED IN THIS STATE, WOULD BE DEEMED A FELONY OR MISDEMEANOR, WITHOUT
6 REGARD TO ITS DESIGNATION ELSEWHERE, OR A CRIMINAL PROCEEDING WHERE A
7 FINDING OR VERDICT OF GUILTY IS MADE OR RETURNED BUT THE ADJUDICATION OF
8 GUILT IS EITHER WITHHELD OR NOT ENTERED.
9 (B) CONVICTION OF ANY CRIME AGAINST A PERSON. FOR PURPOSES OF THIS
10 ARTICLE, A "CRIME AGAINST A PERSON" MEANS VIOLATIONS OF ARTICLE ONE
11 HUNDRED TWENTY, ONE HUNDRED TWENTY-FIVE, ONE HUNDRED THIRTY, ONE HUNDRED
12 THIRTY-FIVE, TWO HUNDRED SIXTY OR FOUR HUNDRED EIGHTY-FIVE OF THE PENAL
13 LAW.
14 (C) ENGAGING IN SEXUAL CONTACT, AS DEFINED IN ARTICLE ONE HUNDRED
15 THIRTY OF THE PENAL LAW, WITH A COMPLEMENTARY AND ALTERNATIVE HEALTH
16 CARE CLIENT OR FORMER CLIENT, ENGAGING IN CONTACT THAT MAY BE REASONABLY
17 INTERPRETED BY A CLIENT AS SEXUAL, ENGAGING IN ANY VERBAL BEHAVIOR THAT
18 IS SEDUCTIVE OR SEXUALLY DEMEANING TO THE PATIENT, OR ENGAGING IN SEXUAL
19 EXPLOITATION OF A CLIENT OR FORMER CLIENT. FOR PURPOSES OF THIS PARA-
20 GRAPH, "FORMER CLIENT" MEANS A PERSON WHO HAS OBTAINED SERVICES FROM THE
21 NONLICENSED COMPLEMENTARY AND ALTERNATIVE HEALTH CARE PRACTITIONER
22 WITHIN THE PAST TWELVE MONTHS.
23 (D) ADVERTISING THAT IS FALSE, FRAUDULENT, DECEPTIVE OR MISLEADING.
24 (E) CONDUCT WHICH POSES A CLEAR AND SUBSTANTIAL RISK OF IMMINENT HARM
25 TO A COMPLEMENTARY AND ALTERNATIVE HEALTH CARE CLIENT. THE FACT THAT A
26 COMPLEMENTARY AND ALTERNATIVE HEALTH CARE CLIENT HAS CHOSEN AND USED A
27 COMPLEMENTARY AND ALTERNATIVE HEALTH CARE TREATMENT OR METHOD AND HAS
28 FOREGONE STANDARD MEDICAL TREATMENT SHALL NOT BE EVIDENCE OF A CLEAR AND
29 SUBSTANTIAL RISK OF IMMINENT HARM.
30 (F) ADJUDICATION AS MENTALLY INCOMPETENT OR AS A PERSON WHO IS DANGER-
31 OUS TO SELF OR ADJUDICATION PURSUANT TO ARTICLE EIGHTY-ONE OF THE MENTAL
32 HYGIENE LAW AS CHEMICALLY DEPENDENT, MENTALLY ILL, MENTALLY ILL AND
33 DANGEROUS TO THE PUBLIC, OR AS A SEXUAL PSYCHOPATHIC PERSONALITY OR
34 SEXUALLY DANGEROUS PERSON.
35 (G) INABILITY TO ENGAGE IN COMPLEMENTARY AND ALTERNATIVE HEALTH CARE
36 PRACTICES WITH REASONABLE SAFETY TO COMPLEMENTARY AND ALTERNATIVE HEALTH
37 CARE CLIENTS.
38 (H) THE HABITUAL OVERINDULGENCE IN THE USE OF OR THE DEPENDANCE ON
39 INTOXICATING LIQUORS, OR BEING DEPENDENT ON OR A HABITUAL USER OF
40 NARCOTICS, BARBITURATES, AMPHETAMINES, HALLUCINOGENS OR OTHER DRUGS
41 HAVING SIMILAR EFFECTS.
42 (I) HAVING BEEN FOUND BY THE COMMISSIONER TO BE IN VIOLATION OF ARTI-
43 CLE THIRTY-THREE OF THE PUBLIC HEALTH LAW, RELATING TO CONTROLLED
44 SUBSTANCES.
45 (J) REVEALING A COMMUNICATION FROM OR RELATING TO A COMPLEMENTARY AND
46 ALTERNATIVE HEALTH CARE CLIENT EXCEPT WHEN OTHERWISE REQUIRED OR PERMIT-
47 TED BY LAW.
48 (K) FAILURE TO COMPLY WITH A COMPLEMENTARY AND ALTERNATIVE HEALTH CARE
49 CLIENT`S REQUEST MADE UNDER SECTION EIGHTEEN OF THE PUBLIC HEALTH LAW OR
50 TO FURNISH A COMPLEMENTARY AND ALTERNATIVE HEALTH CARE CLIENT RECORD OR
51 REPORT REQUIRED BY LAW.

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1 (M) ENGAGING IN ABUSIVE OR FRAUDULENT BILLING PRACTICES, INCLUDING
2 VIOLATIONS OF THE FEDERAL MEDICARE AND MEDICAID LAWS OR STATE MEDICAL
3 ASSISTANCE LAWS.
4 (N) OBTAINING MONEY, PROPERTY, OR SERVICES FROM A COMPLEMENTARY AND
5 ALTERNATIVE HEALTH CARE CLIENT, OTHER THAN REASONABLE FEES FOR SERVICES
6 PROVIDED TO THE CLIENT, THROUGH THE USE OF UNDUE INFLUENCE, HARASSMENT,
7 DURESS, DECEPTION, OR FRAUD.
8 (O) UNDERTAKING OR CONTINUING A PROFESSIONAL RELATIONSHIP WITH A
9 COMPLEMENTARY AND ALTERNATIVE HEALTH CARE CLIENT IN WHICH THE OBJECTIV-
10 ITY OF THE NONLICENSED COMPLEMENTARY AND ALTERNATIVE HEALTH CARE PRACTI-
11 TIONER WOULD BE IMPAIRED.
12 (P) FAILURE TO PROVIDE A COMPLEMENTARY AND ALTERNATIVE HEALTH CARE
13 CLIENT WITH A COPY OF THE CLIENT BILL OF RIGHTS OR VIOLATION OF ANY
14 PROVISION OF THE CLIENT BILL OF RIGHTS.
15 (Q) VIOLATING ANY ORDER ISSUED BY THE COMMISSIONER.
16 (R) FAILURE TO COMPLY WITH ANY PROVISION OF THIS ARTICLE.
17 (S) REVOCATION, SUSPENSION, RESTRICTION, LIMITATION OR OTHER DISCIPLI-
18 NARY ACTION AGAINST ANY HEALTH CARE LICENSE, CERTIFICATE, REGISTRATION
19 OR RIGHT TO PRACTICE OF THE NONLICENSED COMPLEMENTARY AND ALTERNATIVE
20 HEALTH CARE PRACTITIONER IN THIS OR ANOTHER STATE OR JURISDICTION FOR
21 OFFENSES THAT WOULD BE SUBJECT TO DISCIPLINARY ACTION IN THIS STATE OR
22 FAILURE TO REPORT TO THE STATE BOARD THAT CHARGES REGARDING THE PRACTI-
23 TIONER`S LICENSE, CERTIFICATE, REGISTRATION OR RIGHT OF PRACTICE HAVE
24 BEEN BROUGHT IN THIS OR ANOTHER STATE OR JURISDICTION UNLESS OTHERWISE
25 ORDERED BY THE COMMISSIONER.
26 2. IN DISCIPLINARY ACTIONS ALLEGING A VIOLATION OF PARAGRAPH (A), (B)
27 OR (F) OF SUBDIVISION ONE OF THIS SECTION A COPY OF THE JUDGMENT OR
28 PROCEEDING UNDER THE SEAL OF THE COURT ADMINISTRATOR OR OF THE ADMINIS-
29 TRATIVE AGENCY THAT ENTERED THE SAME IS ADMISSIBLE INTO EVIDENCE WITHOUT
30 FURTHER AUTHENTICATION AND CONSTITUTES PRIMA FACIE EVIDENCE OF ITS
31 CONTENTS.
32 3. (A) IF THE COMMISSIONER HAS PROBABLE CAUSE TO BELIEVE THAT A NONLI-
33 CENSED COMPLEMENTARY AND ALTERNATIVE HEALTH CARE PRACTITIONER HAS
34 ENGAGED IN CONDUCT PROHIBITED BY PARAGRAPH (F), (G), (H) OR (I) OF
35 SUBDIVISION ONE OF THIS SECTION, THE COMMISSIONER MAY ISSUE AN ORDER
36 DIRECTING THE PRACTITIONER TO SUBMIT TO A MENTAL OR PHYSICAL EXAMINATION
37 OR CHEMICAL DEPENDENCY EVALUATION. A NONLICENSED COMPLEMENTARY AND
38 ALTERNATIVE HEALTH CARE PRACTITIONER AFFECTED UNDER THIS PARAGRAPH SHALL
39 AT REASONABLE INTERVALS BE GIVEN AN OPPORTUNITY TO DEMONSTRATE THAT THE
40 PRACTITIONER CAN RESUME THE PROVISION OF COMPLEMENTARY AND ALTERNATIVE
41 HEALTH CARE PRACTICES WITH REASONABLE SAFETY TO CLIENTS. IN ANY PROCEED-
42 ING UNDER THIS PARAGRAPH, NEITHER THE RECORD OF PROCEEDINGS NOR THE
43 ORDERS ENTERED BY THE COMMISSIONER SHALL BE USED AGAINST A NONLICENSED
44 COMPLEMENTARY AND ALTERNATIVE HEALTH CARE PRACTITIONER IN ANY OTHER
45 PROCEEDING.
46 (B) IN ADDITION TO ORDERING A PHYSICAL OR MENTAL EXAMINATION OR CHEMI-
47 CAL DEPENDENCY EVALUATION, THE COMMISSIONER MAY, NOTWITHSTANDING SECTION
48 EIGHTEEN OF THE PUBLIC HEALTH LAW OR ANY OTHER LAW LIMITING ACCESS TO
49 MEDICAL OR OTHER HEALTH DATA, OBTAIN MEDICAL DATA AND HEALTH RECORDS
50 RELATING TO A NONLICENSED COMPLEMENTARY AND ALTERNATIVE HEALTH CARE
51 PRACTITIONER WITHOUT THE PRACTITIONER`S CONSENT IF THE COMMISSIONER HAS
52 PROBABLE CAUSE TO BELIEVE THAT A PRACTITIONER HAS ENGAGED IN CONDUCT
53 PROHIBITED BY PARAGRAPH (F), (G), (H) OR (I) OF SUBDIVISION ONE OF THIS
54 SECTION. THE MEDICAL DATA MAY BE REQUESTED FROM A PROVIDER, AS DEFINED
55 IN SUBDIVISION TWO OF SECTION EIGHTEEN OF THE PUBLIC HEALTH LAW, AN
56 INSURANCE COMPANY OR A GOVERNMENT AGENCY. A PROVIDER, INSURANCE COMPANY
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1 OR GOVERNMENT AGENCY SHALL COMPLY WITH ANY WRITTEN REQUEST OF THE
2 COMMISSIONER UNDER THIS SUBDIVISION AND SHALL NOT BE LIABLE IN ANY
3 ACTION FOR DAMAGES FOR RELEASING THE DATA REQUESTED BY THE COMMISSIONER
4 IF THE DATA IS RELEASED PURSUANT TO A WRITTEN REQUEST UNDER THIS SUBDI-
5 VISION, UNLESS THE INFORMATION IS FALSE AND THE PERSON OR ORGANIZATION
6 GIVING THE INFORMATION KNEW OR HAD REASON TO BELIEVE THE INFORMATION WAS
7 FALSE. INFORMATION OBTAINED UNDER THIS SUBDIVISION IS CONFIDENTIAL
8 INFORMATION UNDER SECTION EIGHTEEN OF THE PUBLIC HEALTH LAW.
9 S 9008. DISCIPLINARY ACTIONS. 1. FORMS OF DISCIPLINARY ACTION. WHEN
10 THE COMMISSIONER FINDS THAT A NONLICENSED COMPLEMENTARY AND ALTERNATIVE
11 HEALTH CARE PRACTITIONER HAS VIOLATED ANY PROVISION OF THIS ARTICLE, THE
12 COMMISSIONER MAY TAKE ONE OR MORE OF THE FOLLOWING ACTIONS, ONLY AGAINST
13 THE INDIVIDUAL PRACTITIONER:
14 (A) REVOKE THE RIGHT TO PRACTICE;
15 (B) SUSPEND THE RIGHT TO PRACTICE, FOR A STATED PERIOD OF TIME;
16 (C) IMPOSE LIMITATIONS OR CONDITIONS ON THE PRACTITIONER`S PROVISION
17 OF COMPLEMENTARY AND ALTERNATIVE HEALTH CARE PRACTICES, IMPOSE REHABILI-
18 TATION REQUIREMENTS, OR REQUIRE PRACTICE UNDER SUPERVISION;
19 (D) IMPOSE A CIVIL PENALTY NOT EXCEEDING FIVE HUNDRED DOLLARS FOR EACH
20 SEPARATE VIOLATION; AND
21 (E) CENSURE OR REPRIMAND THE PRACTITIONER.
22 2. REINSTATEMENT. THE COMMISSIONER MAY, IN HIS OR HER DISCRETION,
23 REINSTATE THE RIGHT TO PRACTICE AND MAY IMPOSE ANY DISCIPLINARY MEASURE
24 LISTED IN SUBDIVISION ONE OF THIS SECTION.
25 3. AUTOMATIC SUSPENSION. THE RIGHT OF A NONLICENSED COMPLEMENTARY AND
26 ALTERNATIVE HEALTH CARE PRACTITIONER TO PRACTICE SHALL BE AUTOMATICALLY
27 SUSPENDED IF:
28 (A) A GUARDIAN OF A NONLICENSED COMPLEMENTARY AND ALTERNATIVE HEALTH
29 CARE PRACTITIONER IS APPOINTED BY ORDER OF A COURT UNDER ARTICLE NINE OF
30 THE MENTAL HYGIENE LAW; OR
31 (B) THE PRACTITIONER IS COMMITTED BY ORDER OF A COURT PURSUANT TO
32 ARTICLE NINE OF THE MENTAL HYGIENE LAW. THE RIGHT TO PRACTICE SHALL
33 REMAIN SUSPENDED UNTIL THE PRACTITIONER IS RESTORED TO CAPACITY BY A
34 COURT AND, UPON PETITION BY THE PRACTITIONER, THE SUSPENSION IS TERMI-
35 NATED BY THE COMMISSIONER AFTER A HEARING OR UPON AGREEMENT BETWEEN THE
36 COMMISSIONER AND THE PRACTITIONER.
37 4. LICENSED OR REGULATED PRACTITIONERS. IF A PRACTITIONER INVESTIGATED
38 UNDER THIS SECTION IS LICENSED OR REGISTERED BY THE COMMISSIONER OR A
39 HEALTH-RELATED LICENSING BOARD OR IS SUBJECT TO THE JURISDICTION OF THE
40 COMMISSIONER UNDER SUBPARAGRAPH (II) OF PARAGRAPH (A) OF SUBDIVISION SIX
41 OF SECTION NINE THOUSAND TWO OF THIS ARTICLE, AND THE COMMISSIONER
42 DETERMINES THAT THE PRACTITIONER HAS VIOLATED ANY PROVISION OF THIS
43 ARTICLE, THE COMMISSIONER, IN ADDITION TO TAKING DISCIPLINARY ACTION
44 UNDER THIS SECTION, SHALL, IF THE PRACTITIONER IS LICENSED OR REGISTERED
45 IN ANOTHER CAPACITY BY A HEALTH-RELATED LICENSING BOARD, REPORT HIS OR
46 HER FINDINGS UNDER THIS SECTION, AND MAY MAKE A NONBINDING RECOMMENDA-
47 TION THAT THE BOARD TAKE FURTHER ACTION AGAINST THE PRACTITIONER IN
48 THAT CAPACITY.
49 S 9009. ADDITIONAL REMEDIES. 1. (A) THE COMMISSIONER MAY ISSUE A
50 CEASE AND DESIST ORDER TO STOP A PERSON FROM VIOLATING OR THREATENING TO
51 VIOLATE A STATUTE OR RULE, REGULATION OR ORDER WHICH THE COMMISSIONER
52 HAS ISSUED OR IS EMPOWERED TO ENFORCE. THE CEASE AND DESIST ORDER SHALL
53 STATE THE REASON FOR ITS ISSUANCE AND GIVE NOTICE OF THE PERSON`S RIGHT
54 TO REQUEST A HEARING UNDER THIS ARTICLE. IF, WITHIN FIFTEEN DAYS OF
55 PERSONAL SERVICE OF THE ORDER, THE SUBJECT OF THE ORDER FAILS TO REQUEST
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1 A HEARING IN WRITING, THE ORDER SHALL BE THE FINAL ORDER OF THE COMMIS-
2 SIONER AND SHALL NOT BE SUBJECT TO REVIEW BY A COURT OR AGENCY.
3 (B) A HEARING SHALL BE INITIATED BY THE STATE OFFICE NO LATER THAN
4 THIRTY DAYS OF THE DATE OF THE STATE BOARD`S RECEIPT OF A WRITTEN HEAR-
5 ING REQUEST. WITHIN THIRTY DAYS OF RECEIPT OF THE ADMINISTRATIVE LAW
6 JUDGE`S REPORT, THE COMMISSIONER SHALL ISSUE A FINAL ORDER MODIFYING,
7 VACATING OR MAKING PERMANENT THE CEASE AND DESIST ORDER AS THE FACTS
8 REQUIRE. THE FINAL ORDER SHALL REMAIN IN EFFECT UNTIL MODIFIED OR
9 VACATED BY THE COMMISSIONER.
10 (C) WHEN A REQUEST FOR A STAY ACCOMPANIES A TIMELY HEARING REQUEST,
11 THE COMMISSIONER MAY, IN HIS OR HER DISCRETION, GRANT THE STAY. IF THE
12 COMMISSIONER DOES NOT GRANT A REQUESTED STAY, HE OR SHE SHALL REFER THE
13 REQUEST TO THE STATE OFFICE WITHIN THREE WORKING DAYS OF RECEIPT OF THE
14 REQUEST. WITHIN TEN DAYS AFTER RECEIVING THE REQUEST FROM THE COMMIS-
15 SIONER, AN ADMINISTRATIVE LAW JUDGE SHALL ISSUE A RECOMMENDATION TO
16 GRANT OR DENY THE STAY. THE COMMISSIONER SHALL GRANT OR DENY THE STAY
17 WITHIN FIVE DAYS OF RECEIVING THE ADMINISTRATIVE LAW JUDGE`S RECOMMENDA-
18 TION.
19 (D) IN THE EVENT OF NONCOMPLIANCE WITH A CEASE AND DESIST ORDER, THE
20 COMMISSIONER MAY INSTITUTE A PROCEEDING IN THE SUPREME COURT TO OBTAIN
21 INJUNCTIVE RELIEF OR OTHER APPROPRIATE RELIEF, INCLUDING A CIVIL PENALTY
22 PAYABLE TO THE STATE BOARD NOT EXCEEDING ONE THOUSAND DOLLARS FOR EACH
23 SEPARATE VIOLATION.
24 2. IN ADDITION TO ANY OTHER REMEDY PROVIDED BY LAW, INCLUDING THE
25 ISSUANCE OF A CEASE AND DESIST ORDER UNDER SUBDIVISION ONE OF THIS
26 SECTION, THE COMMISSIONER MAY IN HIS OR HER OWN NAME, BRING AN ACTION IN
27 THE SUPREME COURT FOR INJUNCTIVE RELIEF TO RESTRAIN A NONLICENSED
28 COMPLEMENTARY AND ALTERNATIVE HEALTH CARE PRACTITIONER FROM A VIOLATION
29 OR THREATENED VIOLATION OF ANY LAW, OR RULE, REGULATION OR ORDER WHICH
30 THE COMMISSIONER IS EMPOWERED TO REGULATE, ENFORCE OR ISSUE. A TEMPORARY
31 RESTRAINING ORDER SHALL BE GRANTED IN THE PROCEEDING IF CONTINUED ACTIV-
32 ITY BY THE PRACTITIONER WOULD CREATE A SERIOUS RISK OF IMMINENT HARM TO
33 COMPLEMENTARY AND ALTERNATIVE HEALTH CARE CLIENTS. THE COMMISSIONER NEED
34 NOT SHOW IRREPARABLE HARM.
35 3. ENGAGING IN COMPLEMENTARY AND ALTERNATIVE HEALTH CARE PRACTICES
36 PURSUANT TO THIS ARTICLE SHALL NOT CONSTITUTE A CRIME.
37 4. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, NONLICENSED COMPLEMENTA-
38 RY AND ALTERNATIVE HEALTH CARE PRACTITIONERS SHALL BE SUBJECT TO THE
39 EXCLUSIVE CONTROL, JURISDICTION AND REGULATION OF THE PROVISIONS OF THIS
40 ARTICLE, AND SHALL NOT BE SUBJECT TO THE JURISDICTION OR CONTROL OF, NOR
41 SUBJECT TO DISCIPLINARY PROCEEDINGS OF ANY OTHER ADMINISTRATIVE AGENCY,
42 BOARD OR REGULATORY BODY.
43 S 9010. COMPLEMENTARY AND ALTERNATIVE HEALTH CARE CLIENT BILL OF
44 RIGHTS. 1. ALL NONLICENSED COMPLEMENTARY AND ALTERNATIVE HEALTH CARE
45 PRACTITIONERS SHALL PROVIDE TO EACH COMPLEMENTARY AND ALTERNATIVE HEALTH
46 CARE CLIENT, PRIOR TO PROVIDING TREATMENT, A WRITTEN COPY OF THE COMPLE-
47 MENTARY AND ALTERNATIVE HEALTH CARE CLIENT BILL OF RIGHTS.
48 REASONABLE ACCOMMODATIONS SHALL BE MADE FOR THOSE CLIENTS WHO CANNOT
49 READ OR WHO HAVE COMMUNICATION IMPAIRMENTS AND THOSE WHO DO NOT READ OR
50 SPEAK ENGLISH. THE COMPLEMENTARY AND ALTERNATIVE HEALTH CARE CLIENT BILL
51 OF RIGHTS SHALL INCLUDE THE FOLLOWING:
52 (A) THE NAME, COMPLEMENTARY AND ALTERNATIVE HEALTH CARE TITLE, BUSI-
53 NESS ADDRESS, AND TELEPHONE NUMBER OF THE NONLICENSED COMPLEMENTARY
54 AND ALTERNATIVE HEALTH CARE PRACTITIONER;
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1 (B) THE DEGREES, TRAINING, EXPERIENCE OR OTHER QUALIFICATIONS OF THE
2 PRACTITIONER REGARDING THE COMPLIMENTARY AND ALTERNATIVE HEALTH CARE
3 BEING PROVIDED, FOLLOWED BY THE FOLLOWING STATEMENT IN BOLD PRINT:
4 "THE STATE OF NEW YORK HAS NOT ADOPTED ANY EDUCATIONAL AND TRAINING
5 STANDARDS FOR NONLICENSED COMPLEMENTARY AND ALTERNATIVE HEALTH CARE
6 PRACTITIONERS. THIS STATEMENT OF CREDENTIALS IS FOR INFORMATION PURPOSES
7 ONLY.
8 UNDER THE NEW YORK STATE LAW, A NONLICENSED COMPLEMENTARY AND ALTERNA-
9 TIVE HEALTH CARE PRACTITIONER MAY NOT PROVIDE A MEDICAL DIAGNOSIS OR
10 RECOMMEND DISCONTINUANCE OF A LEGEND DRUG PRESCRIBED BY A LICENSED
11 PHYSICIAN OR HEALTH CARE PRACTITIONER. HOWEVER A NONLICENSED COMPLEMEN-
12 TARY AND ALTERNATIVE HEALTH CARE PRACTITIONER MAY PROVIDE PERSONAL
13 CONSULTATIONS AND SCREENINGS BASED UPON THE PRACTITIONER`S METHOD OF
14 COMPLEMENTARY AND ALTERNATIVE CARE; MAY MAKE ASSESSMENTS OF THE CLIENT`S
15 HEALTH PROBLEMS AND CONCERNS AS THEY RELATE TO THE NONLICENSED COMPLE-
16 MENTARY AND ALTERNATIVE HEALTH CARE PRACTITIONER`S METHODS OF PRACTICE;
17 AND MAY MAKE RECOMMENDATIONS FOR THE USE OF THE COMPLEMENTARY OR
18 ALTERNATIVE HEALTH PRACTICE METHODS OR TREATMENTS IN ACCORDANCE WITH THE
19 CONSULTATION, SCREENING AND ASSESSMENTS OF THE PRACTITIONER.
20 IF A CLIENT DESIRES A DIAGNOSIS FROM A LICENSED PHYSICIAN, DENTIST OR
21 CHIROPRACTOR, OR SERVICES FROM A PHYSICIAN, CHIROPRACTOR, NURSE, PHYS-
22 ICAL THERAPIST, RESPIRATORY THERAPIST, PODIATRIST, OPTOMETRIST, OCCUPA-
23 TIONAL THERAPIST, DIETITIAN, NUTRITIONIST, ACUPUNCTURE PRACTITIONER,
24 ATHLETIC TRAINER OR ANY OTHER TYPE OF HEALTH CARE PROVIDER, THE CLIENT
25 MAY SEEK SUCH SERVICES AT ANY TIME.";
26 (C) THE NAME, BUSINESS ADDRESS AND TELEPHONE NUMBER OF THE PRACTITION-
27 ER`S SUPERVISOR, IF ANY;
28 (D) NOTICE THAT A COMPLEMENTARY AND ALTERNATIVE HEALTH CARE CLIENT HAS
29 THE RIGHT TO FILE A COMPLAINT WITH THE PRACTITIONER`S SUPERVISOR, IF
30 ANY, AND THE PROCEDURE FOR FILING COMPLAINTS;
31 (E) THE NAME, ADDRESS AND TELEPHONE NUMBER OF THE STATE OFFICE OF
32 NONLICENSED COMPLEMENTARY AND ALTERNATIVE HEALTH CARE PRACTICE AND
33 NOTICE THAT A CLIENT MAY FILE COMPLAINTS WITH THE STATE BOARD;
34 (F) THE PRACTITIONER`S FEES PER UNIT OF SERVICE, THE PRACTITIONER`S
35 METHOD OF BILLING FOR SUCH FEES, THE NAMES OF ANY INSURANCE COMPANIES
36 THAT HAVE AGREED TO REIMBURSE THE PRACTITIONER, OR HEALTH MAINTENANCE
37 ORGANIZATIONS WITH WHOM THE PRACTITIONER CONTRACTS TO PROVIDE SERVICE,
38 WHETHER THE PRACTITIONER ACCEPTS MEDICARE, MEDICAL ASSISTANCE OR GENERAL
39 ASSISTANCE MEDICAL CARE, AND WHETHER THE PRACTITIONER IS WILLING TO
40 ACCEPT PARTIAL PAYMENT, OR TO WAIVE PAYMENT, AND IN WHAT CIRCUMSTANCES;
41 (G) A STATEMENT THAT THE CLIENT HAS A RIGHT TO REASONABLE NOTICE OF
42 CHANGES IN SERVICES OR CHARGES;
43 (H) A BRIEF SUMMARY, IN PLAIN LANGUAGE, OF THE THEORETICAL APPROACH
44 USED BY THE PRACTITIONER IN PROVIDING SERVICES TO CLIENTS;
45 (I) NOTICE THAT THE CLIENT HAS A RIGHT TO COMPLETE AND CURRENT INFOR-
46 MATION CONCERNING THE PRACTITIONER`S ASSESSMENT AND RECOMMENDED SERVICE
47 THAT IS TO BE PROVIDED, INCLUDING THE EXPECTED DURATION OF THE SERVICE
48 TO BE PROVIDED;
49 (J) A STATEMENT THAT CLIENTS MAY EXPECT COURTEOUS TREATMENT AND TO BE
50 FREE FROM VERBAL, PHYSICAL, OR SEXUAL ABUSE BY THE PRACTITIONER;
51 (K) A STATEMENT THAT CLIENT RECORDS AND TRANSACTIONS WITH THE PRACTI-
52 TIONER ARE CONFIDENTIAL, UNLESS RELEASE OF THESE RECORDS IS AUTHORIZED
53 IN WRITING BY THE CLIENT, OR OTHERWISE PROVIDED BY LAW;
54 (L) A STATEMENT OF THE CLIENT`S RIGHT TO BE ALLOWED ACCESS TO RECORDS
55 AND WRITTEN INFORMATION FROM RECORDS IN ACCORDANCE WITH SECTION EIGHTEEN
56 OF THE PUBLIC HEALTH LAW;
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1 (M) A STATEMENT THAT OTHER SERVICES MAY BE AVAILABLE IN THE COMMUNITY,
2 INCLUDING WHERE INFORMATION CONCERNING SUCH SERVICES IS AVAILABLE;
3 (N) A STATEMENT THAT THE CLIENT HAS THE RIGHT TO CHOOSE FREELY AMONG
4 AVAILABLE PRACTITIONERS AND TO CHANGE PRACTITIONERS AFTER SERVICES HAVE
5 BEGUN, WITHIN THE LIMITS OF HEALTH INSURANCE, MEDICAL ASSISTANCE OR
6 OTHER HEALTH PROGRAMS;
7 (O) A STATEMENT THAT THE CLIENT HAS A RIGHT TO COORDINATED TRANSFER
8 WHEN THERE WILL BE A CHANGE IN THE PROVIDER OF SERVICES;
9 (P) A STATEMENT THAT THE CLIENT MAY REFUSE SERVICES OR TREATMENT,
10 UNLESS OTHERWISE PROVIDED BY LAW; AND
11 (Q) A STATEMENT THAT THE CLIENT MAY ASSERT THE CLIENT`S RIGHTS WITHOUT
12 RETALIATION.
13 2. PRIOR TO THE PROVISION OF ANY SERVICE, A COMPLEMENTARY AND ALTERNA-
14 TIVE HEALTH CARE CLIENT MUST SIGN A WRITTEN STATEMENT ATTESTING THAT THE
15 CLIENT HAS RECEIVED THE COMPLEMENTARY AND ALTERNATIVE HEALTH CARE CLIENT
16 BILL OF RIGHTS.
17 S 4. Subdivision 1 of section 413 of the social services law, as
18 amended by chapter 94 of the laws of 1995, is amended to read as
19 follows:
20 1. The following persons and officials are required to report or cause
21 a report to be made in accordance with this title when they have reason-
22 able cause to suspect that a child coming before them in their profes-
23 sional or official capacity is an abused or maltreated child, or when
24 they have reasonable cause to suspect that a child is an abused or
25 maltreated child where the parent, guardian, custodian or other person
26 legally responsible for such child comes before them in their profes-
27 sional or official capacity and states from personal knowledge facts,
28 conditions or circumstances which, if correct, would render the child an
29 abused or maltreated child: any physician; registered physician assist-
30 ant; surgeon; medical examiner; coroner; dentist; dental hygienist;
31 osteopath; optometrist; chiropractor; podiatrist; resident; intern;
32 psychologist; registered nurse; hospital personnel engaged in the admis-
33 sion, examination, care or treatment of persons; a Christian Science
34 practitioner; NONLICENSED COMPLEMENTARY AND ALTERNATIVE HEALTH CARE PRAC-
35 TITIONER; school official; social services worker; day care center work-
36 er; provider of family or group family day care; employee or volunteer
37 in a residential care facility defined in subdivision seven of section
38 four hundred twelve of this {chapter} TITLE or any other child care or
39 foster care worker; mental health professional; substance abuse counse-
40 lor; alcoholism counselor; peace officer; police officer; district
41 attorney or assistant district attorney; investigator employed in the
42 office of a district attorney; or other law enforcement official. When-
43 ever such person is required to report under this title in his or her
44 capacity as a member of the staff of a medical or other public or
45 private institution, school, facility or agency, he or she shall imme-
46 diately notify the person in charge of such institution, school, facili-
47 ty or agency, or his or her designated agent, who then also shall become
48 responsible to report or cause reports to be made. However, nothing in
49 this section or title is intended to require more than one report from
50 any such institution, school or agency. At the time of the making of a
51 report, or at any time thereafter, such person or official may exercise
52 the right to request, pursuant to paragraph (A) of subdivision four of
53 section four hundred twenty-two of this {article} TITLE, the findings of
54 an investigation made pursuant to this title or section 45.07 of the
55 mental hygiene law.
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1 S 5. This act shall take effect 180 days after it shall have become
2 law; provided, however, that any rules or regulations necessary for the
3 timely implementation of the provisions of this act shall be promulgated
4 on or before such effective date.

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