N.Y. Education Law § 8211: Definitions

§ 8211. Definitions. As used in this article the following terms shall

have the following meanings:

(1) (a) "Profession of acupuncture" is the treating, by means of

mechanical, thermal or electrical stimulation effected by the insertion

of needles or by the application of heat, pressure or electrical

stimulation at a point or combination of points on the surface of the

body predetermined on the basis of the theory of the physiological

interrelationship of body organs with an associated point or combination

of points for diseases, disorders and dysfunctions of the body for the

purpose of achieving a therapeutic or prophylactic effect. The

profession of acupuncture includes recommendation of dietary supplements

and natural products including, but not limited to, the recommendation

of diet, herbs and other natural products, and their preparation in

accordance with traditional and modern practices of East Asian (Chinese,

Korean or Japanese) medical theory.

(b) Each acupuncturist licensed pursuant to this article, shall advise

each patient as to the importance of consulting with a licensed

physician regarding the patient's condition and shall keep on file with

the patient's records, a form attesting to the patient's notice of such

advice. Such form shall be in duplicate, one copy to be retained by the

patient, signed and dated by both the acupuncturist and the patient and

shall be prescribed in the following manner:

WE, THE UNDERSIGNED, DO AFFIRM THAT (THE PATIENT) HAS

BEEN ADVISED BY , (A LICENSED ACUPUNCTURIST), TO CONSULT

A PHYSICIAN REGARDING THE CONDITION OR CONDITIONS FOR WHICH SUCH PATIENT

SEEKS ACUPUNCTURE TREATMENT.

___________________________ ________________________

(Signature) Date

___________________________ ________________________

(Signature) Date

(c) Nothing herein shall be construed to prohibit an individual who is

not subject to regulation in this state as a licensed acupuncturist from

engaging in the recommendation of traditional remedies and supplements

as defined herein, nor shall this section be construed to authorize an

individual to practice pharmacy under article one hundred thirty-seven

of this title.

(2) "Board" is the state board for acupuncture as created by section

eighty-two hundred thirteen of this article.