Section 8211 - DefinitionsAs 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.
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(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.Amended by New York Laws 2016, ch. 400, Sec. 1, eff. 11/4/2016.