S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         1118
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                    January 8, 2015
                                      ___________
       Introduced  by  Sen. LAVALLE -- read twice and ordered printed, and when
         printed to be committed to the Committee on Higher Education
       AN ACT to amend the education law, in  relation  to  requiring  consumer
         representatives to be appointed to state boards for the professions
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Subdivision 1 of section 6508  of  the  education  law,  as
    2  amended  by  chapter  866  of  the  laws  of 1980, is amended to read as
    3  follows:
    4    1. A board for each profession shall be  appointed  by  the  board  of
    5  regents  on  the  recommendation  of the commissioner for the purpose of
    6  assisting the board of regents and the department on matters of  profes-
    7  sional  licensing,  practice, and conduct. The composition of each board
    8  shall be as prescribed in  the  article  relating  to  each  profession,
    9  EXCEPT  AS  PROVIDED  IN SUBDIVISION ONE-A OF THIS SECTION.  Within each
   10  board a committee on licensing may be appointed by the board chairman.
   11    [Except as provided in paragraph (a) of this subdivision, the  member-
   12  ship  of  each  professional  licensing  board shall be increased by one
   13  member, and each such board shall have at  least  one  public  represen-
   14  tative  who  shall  be selected by the board of regents from the general
   15  public.
   16    a. The membership of the professional licensing boards  created  under
   17  sections  sixty-five  hundred  twenty-three,  sixty-eight  hundred four,
   18  sixty-nine hundred three, and seventy-four hundred three of this chapter
   19  shall be increased by two members, and each such  board  shall  have  at
   20  least  two public representatives, who shall be selected by the board of
   21  regents from the general public.
   22    b. For the purposes of this title, a "public representative" shall  be
   23  a  person  who  is  a consumer of services provided by those licensed or
   24  otherwise supervised or regulated by the boards created hereunder, and]
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD03076-01-5
       S. 1118                             2
    1    1-A. CONSUMER REPRESENTATIVES. EACH BOARD SHALL  HAVE  THREE  CONSUMER
    2  REPRESENTATIVES  APPOINTED  TO THREE-YEAR TERMS IN THE FOLLOWING MANNER:
    3  ONE SHALL BE APPOINTED BY THE GOVERNOR, ONE SHALL BE  APPOINTED  BY  THE
    4  TEMPORARY  PRESIDENT  OF  THE  SENATE, AND ONE SHALL BE APPOINTED BY THE
    5  SPEAKER OF THE ASSEMBLY. NO CONSUMER REPRESENTATIVE SHALL SERVE FOR MORE
    6  THAN  TWO  CONSECUTIVE  THREE-YEAR  TERMS.  EACH CONSUMER REPRESENTATIVE
    7  SHALL BE A VOTING MEMBER OF THEIR RESPECTIVE BOARD. THE BOARD OF REGENTS
    8  SHALL STAGGER THE TERMS OF CONSUMER REPRESENTATIVES. THE CONSUMER REPRE-
    9  SENTATIVES shall not be, nor within  five  years  immediately  preceding
   10  appointment have been:
   11    (i) a licensee or person otherwise subject to the supervision or regu-
   12  lation of the board to which appointed; or
   13    (ii)  a  person maintaining a contractual relationship with a licensee
   14  of such board, which would constitute more than  two  percentum  of  the
   15  practice  or  business of any such licensee, or an officer, director, or
   16  representative of such person or group of persons.
   17    S 2. Section 6733 of the education law, as added by chapter 618 of the
   18  laws of 1980, is amended to read as follows:
   19    S 6733. State board for physical therapy.  A state board for  physical
   20  therapy  shall be appointed by the board of regents on recommendation of
   21  the commissioner for the purpose of assisting the board of  regents  and
   22  the  department  on  matters  of professional licensing and professional
   23  conduct in accordance with section  sixty-five  hundred  eight  of  this
   24  title.    The  board  shall  be composed of not less than eight licensed
   25  physical therapists [and not less than one public representative].    An
   26  executive  secretary  to  the  board  shall be appointed by the board of
   27  regents on recommendation of the commissioner.
   28    S 3. Section 6954 of the education law, as added by chapter 327 of the
   29  laws of 1992, paragraph (a) of subdivision 2 as amended by  chapter  328
   30  of the laws of 1992, is amended to read as follows:
   31    S 6954. State  board  of  midwifery.   1. The state board of midwifery
   32  shall be appointed by the board of  regents  on  recommendation  of  the
   33  commissioner  for  the  purpose  of  assisting  the  board of regents on
   34  matters of professional licensing and professional conduct in accordance
   35  with section sixty-five hundred eight of this title. The board shall  be
   36  composed  of  [thirteen] TWELVE individuals. Initial appointments to the
   37  board shall be such that the  terms  shall  be  staggered.  However,  no
   38  members shall serve more than two terms.
   39    2.  (a)  (1)  Seven  members of the board shall be persons licensed or
   40  exempt under this section.
   41    (2) One member of the board shall be an educator of midwifery.
   42    (b) Two members of the board shall be  individuals  who  are  licensed
   43  physicians  who  are  also  certified as obstetrician/gynecologists by a
   44  national certifying body.
   45    (c) One member of the board shall  be  an  individual  licensed  as  a
   46  physician who practices family medicine including obstetrics.
   47    (d)  One  member  of  the  board  shall be an individual licensed as a
   48  physician who practices pediatrics.
   49    [(e) One member of the board shall be  an  individual  not  possessing
   50  either  licensure  or  training  in medicine, midwifery, pharmacology or
   51  nursing and shall represent the public at large.]
   52    3. For purposes of this article, "board"  means  the  state  board  of
   53  midwifery  created  under  this section unless the context clearly indi-
   54  cates otherwise.
   55    S 4. Section 7703 of the education law, as amended by chapter  230  of
   56  the laws of 2004, is amended to read as follows:
       S. 1118                             3
    1    S  7703.  State  board  for social work. A state board for social work
    2  shall be appointed by the board of  regents  on  recommendation  of  the
    3  commissioner  for  the purpose of assisting the board of regents and the
    4  department on matters of professional licensing, practice,  and  conduct
    5  in  accordance  with section sixty-five hundred eight of this title. The
    6  board shall be composed of not less than [twelve] TEN members, of  which
    7  five  shall  be  licensed  clinical  social workers[,] AND five shall be
    8  licensed master social workers [and two members of the public].  Members
    9  of  the  first  board need not be licensed prior to their appointment to
   10  the board. The terms of the first appointed members shall  be  staggered
   11  so  that four are appointed for three years, four are appointed for four
   12  years, and four are appointed for five years. An executive secretary  to
   13  the  board  shall be appointed by the board of regents on recommendation
   14  of the commissioner and shall be licensed pursuant to this article.
   15    S 5. Section 8003 of the education law, as amended by chapter  282  of
   16  the laws of 1992, is amended to read as follows:
   17    S 8003. State  board  for  dietetics and nutrition.  A state board for
   18  dietetics and nutrition shall be appointed by the board of  regents,  on
   19  recommendation  of  the  commissioner,  for the purpose of assisting the
   20  board of regents and the department  on  matters  of  certification  and
   21  professional conduct in accordance with section sixty-five hundred eight
   22  of this chapter.
   23    The board shall consist of not less than [thirteen] TEN members, [ten]
   24  ALL  of  whom  shall be certified dietitians or certified nutritionists,
   25  except that the members of the first board need not be  certified    but
   26  shall be persons who are eligible for certification under the provisions
   27  of  this  article  prior  to  their appointment to the board.  The first
   28  board, with  respect  to  members  representing  the  profession,  shall
   29  consist  of  five  members registered by a national dietetic association
   30  having registration standards acceptable  to  the  department  and  five
   31  members who are members of or registered by a national nutritional asso-
   32  ciation  having  membership  and/or registration standards acceptable to
   33  the department. Thereafter, members of the profession appointed to  such
   34  board  shall  be  certified  pursuant  to  this article.   To the extent
   35  reasonable, the board of regents should insure the state board is broad-
   36  ly representative of various professional interests within the  dietetic
   37  and  nutritional community.   [Three members shall be representatives of
   38  the general public.] An  executive  secretary  to  the  board  shall  be
   39  appointed  by  the board of regents on the recommendation of the commis-
   40  sioner.
   41    S 6. Subdivision 1 of section 8213 of the education law, as  added  by
   42  chapter 772 of the laws of 1990, is amended to read as follows:
   43    (1)  There  is  hereby established within the department a state board
   44  for acupuncture. The board shall consist of not less than [eleven] EIGHT
   45  members to be appointed by the board of regents on the recommendation of
   46  the commissioner for the purpose of assisting the board of  regents  and
   47  the  department  on  matters  of professional licensing and professional
   48  conduct in accordance with section  sixty-five  hundred  eight  of  this
   49  chapter,  four  of  whom shall be licensed acupuncturists[,] AND four of
   50  whom shall be licensed physicians  certified  to  use  acupuncture  [and
   51  three  of  whom  shall  be  public members representing the consumer and
   52  community]. Of the acupuncturists first appointed to the board, one  may
   53  be  a  registered  specialist's  assistant-acupuncture provided that the
   54  term of such registered specialist's assistant-acupuncture shall not  be
   55  more  than  four  years.  Of the members first appointed, three shall be
   56  appointed for a one year term, three shall be appointed for a  two  year
       S. 1118                             4
    1  term  and  three shall be appointed for a three year term, and two shall
    2  be appointed for a four year term. Thereafter all  members  shall  serve
    3  for  five year terms. In the event that more than [eleven] EIGHT members
    4  are  appointed,  a  majority of the additional members shall be licensed
    5  acupuncturists. The members of the board shall select one of  themselves
    6  as chairman to serve for a one year term.
    7    S 7. Section 8304 of the education law, as added by chapter 905 of the
    8  laws of 1990, is amended to read as follows:
    9    S 8304. State board for interior design.  1. A state board for interi-
   10  or  design  shall be appointed by the board of regents on recommendation
   11  of the commissioner for the purpose of assisting the  board  of  regents
   12  and  the department on matters of certification and professional conduct
   13  in accordance with section sixty-five hundred eight of this  title.  The
   14  board  shall  be composed of [nine] EIGHT members, four of whom shall be
   15  interior designers certified  in  this  state,  two  of  whom  shall  be
   16  licensed  architects  who  practice  primarily  interior  design in this
   17  state, one who shall be a professional engineer in this  state  with  an
   18  expertise  in interior design, AND one who shall be a full-time interior
   19  design educator in this state [and one who shall be the public represen-
   20  tative]. Notwithstanding the foregoing, the members of the  first  board
   21  who are interior designers need not be certified prior to their appoint-
   22  ment to the board.
   23    2.  Two  interior  designers  and  a  licensed architect who practices
   24  primarily interior design shall serve initial five year terms. Two inte-
   25  rior designers and a professional engineer with an expertise in interior
   26  design shall serve initial four year terms. One licensed  architect  who
   27  practices  primarily  interior  design[,] AND the interior design educa-
   28  tor[, and the public representative] shall serve initial two year terms.
   29  Following the establishment of the initial membership of the board,  all
   30  succeeding appointments shall be for five year terms. Any vacancy on the
   31  board  shall be filled by appointment for the remainder of such member's
   32  terms in accordance with the provisions of this section.
   33    S 8. Section 8406 of the education law, as added by chapter 676 of the
   34  laws of 2002, is amended to read as follows:
   35    S 8406. State board for mental health practitioners. A state board for
   36  mental health practitioners shall be appointed by the board  of  regents
   37  on  the  recommendation of the commissioner for the purpose of assisting
   38  the board of regents and the department  on  matters  of  licensing  and
   39  regulation.  The  board  shall  be  composed  of at least three licensed
   40  members from each profession licensed pursuant to this article  [and  at
   41  least  three  public  representatives  who  do not hold interests in the
   42  organization, financing, or delivery of mental health services].   Addi-
   43  tionally,  the board shall contain one physician who shall be a psychia-
   44  trist. Members of the first board need not be licensed  prior  to  their
   45  appointment to the board. The terms of the first appointed members shall
   46  be  staggered  so that [five] FOUR are appointed for three years, [five]
   47  FOUR are appointed for four years, and [six] FIVE are appointed for five
   48  years. An executive secretary to the board shall  be  appointed  by  the
   49  board of regents on recommendation of the commissioner.
   50    S 9. Section 8503 of the education law, as added by chapter 817 of the
   51  laws of 1992, is amended to read as follows:
   52    S 8503. State  board  for  respiratory  therapy.    A  state board for
   53  respiratory therapy shall be appointed by the board of  regents  on  the
   54  recommendation  of  the  commissioner  for  the purpose of assisting the
   55  board of regents and the department on matters of professional licensing
   56  and conduct in accordance with section sixty-five hundred eight of  this
       S. 1118                             5
    1  title.  The  board  shall  be  composed  of  not less than five licensed
    2  respiratory therapists, two licensed  respiratory  therapy  technicians,
    3  and  [four]  THREE  additional  members  who  shall include at least one
    4  licensed  physician  [and  at  least  one public member]. Members of the
    5  first board who  are  respiratory  therapy  practitioners  need  not  be
    6  licensed  prior to appointment on the board, provided, however, that the
    7  first appointed respiratory therapists shall be registered by a national
    8  certifying or accrediting board, acceptable to the  department  and  the
    9  first  appointed respiratory therapy technicians shall be certified by a
   10  national certifying or accrediting board, acceptable to the  department.
   11  An  executive  secretary to the board shall be appointed by the board of
   12  regents on recommendation of the commissioner.
   13    S 10. Section 8704 of the education law, as added by  chapter  495  of
   14  the laws of 2001, is amended to read as follows:
   15    S  8704. State committee for medical physics. 1. A state committee for
   16  medical physics shall be appointed by the  board  of  regents  upon  the
   17  recommendation of the commissioner and shall assist on matters of licen-
   18  sure  and  professional  conduct  in  accordance with section sixty-five
   19  hundred eight of this title. Notwithstanding the provisions  of  section
   20  sixty-five  hundred  eight of this title, the committee shall assist the
   21  board for medicine solely in medical physics matters, which board  shall
   22  also  function  as  the  state  board for medical physics. The licensure
   23  requirements for professional medical physicists shall be waived for the
   24  initial committee appointees, provided that such appointees  shall  have
   25  received national certification in their specialty.
   26    2.  The  committee  shall  consist of [eight] SEVEN individuals, to be
   27  composed of the following:
   28    (a) Four licensed  medical  physicists  represented  by  each  of  the
   29  following specialties:
   30    (i) diagnostic radiological physics,
   31    (ii) therapeutic radiological or radiation oncology physics,
   32    (iii) medical nuclear physics, and
   33    (iv) medical health physics; AND
   34    (b)  Three  licensed  physicians  represented by each of the following
   35  specialties:
   36    (i) diagnostic radiology,
   37    (ii) radiation therapy or radiation oncology, and
   38    (iii) nuclear medicine[; and
   39    (c) A representative of the public at large].
   40    S 11. This act shall take effect on  the  one  hundred  eightieth  day
   41  after it shall have become a law.