A07860 Summary:

BILL NO    A07860 

SAME AS    SAME AS S04828-A

SPONSOR    Perry

COSPNSR    McDonough, Ortiz

MLTSPNSR   

Add Art 132-A SS6575 - 6584, Ed L; amd SS1203, 1207 & 1301, Lim Lil L; amd
SS121-1500 & 121-1502, Partn L; amd S413, Soc Serv L

Regulates the practice of naturopathy; establishes a state board for
naturopathy; establishes requirements to receive a limited permit in
naturopathy; establishes mandatory continuing competency for naturopaths;
requires licensed naturopaths to report suspected child abuse.
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A07860 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A7860
 
SPONSOR: Perry
  TITLE OF BILL: An act to amend the education law, the limited liabil- ity company law and the partnership law, in relation to the practice of naturopathy; and to amend the social services law, in relation to the reporting of child abuse   PURPOSE: The bill relates to the licensing of naturopathic doctors.   SUMMARY OF PROVISIONS: A new Article 132-A is added to the Education Law to establish naturo- pathic doctors as licensed professionals in Yew York State. This legis- lation also includes specific requirements for the education and resi- dency training for naturopaths the creation of a state board for naturopathy, and continuing education provisions.   JUSTIFICATION: Currently, in New York State there are no regulations for naturopathy. Anyone can call themselves a naturopathic doctor, even if they finished a home study course in as little as six weeks. Licensing will offer the public a way to find qualified naturopaths who perform this important aspect of complementary and integrative medicine. Naturopaths are currently licensed in Alaska, Arizona, California, Connecticut, Hawaii, Idaho, Kansas, Maine, Montana, New Hampshire, Oregon, Utah, Vermont, Washington D.C., Washington State District of Colombia, Minnesota, North Dakota as well as the territories of Puerto Rico and the Virgin Islands. To be licensed as a Naturopath and use one of the titles associated with Naturopathy a person needs, among other requirements, to have received a doctoral diploma from a registered school of Naturopathic Medicine and have satisfactorily completed an approved clinical postgraduate residen- cy training of an approved program with five years of clinical super- vision of not less than 12 months in duration and pass a national exam- ination. Licensure will provide access to qualified Naturopathic Doctors (NDs) who provide care not offered by other currently licensed professionals: well-care. Licensure also allows for the creation of education insti- tutions that train WDs in New York, which is not possible until licen- sure exists. Considering the rapidly increasing rate of chronic health issues, the lack of practitioners licensed to address chronic health issues, and the costs involved in addressing chronic health issues, licensing Naturo- pathic Doctors is a long-overdue and critical step in the future finan- cial and medical well-being of New York State.   LEGISLATIVE HISTORY: 2011-12 S.1803E; 2009-2010 5.1930; 2007-08, S.2790; 2005, S.1617; 2004, S.6609.   FISCAL IMPLICATIONS: None. All costs associated with the creation of this new profession would be recovered through filing and registration fees.   EFFECTIVE DATE: This act shall take effect on the three hundred sixtieth day after it shall have become a law; provided however, that if section 3 of part D of Chapter 501 of the Laws of 2012 shall not have taken effect on or before such date then section eight of this act shall take effect on the same date and in the same manner as section 3 of part D of Chapter 501 of the Laws of 2012 takes effect; provided further that effective imme- diately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date are authorized and directed to be made and completed by the commissioner of education and the board of regents on or before such effective date.
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A07860 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          7860
 
                               2013-2014 Regular Sessions
 
                   IN ASSEMBLY
 
                                      June 6, 2013
                                       ___________
 
        Introduced  by M. of A. PERRY -- read once and referred to the Committee
          on Higher Education
 
        AN ACT to amend the education law, the limited liability company law and
          the partnership law, in relation to the practice of  naturopathy;  and
          to  amend  the  social  services  law, in relation to the reporting of
          child abuse
 

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section 1. Legislative intent.  In order to protect the public health,
     2  safety  and  welfare  of  the citizens who desire naturopathic care, the
     3  legislature finds it is necessary to regulate the practice of  naturopa-
     4  thy by providing licensure for qualified practitioners. It is the legis-
     5  lature's  intent that only practitioners who meet and maintain standards
     6  of competence are recognized by the public as licensed naturopaths.  The
     7  legislature   recognizes   that,   unlike   other   currently   licensed
     8  professions, naturopathic doctors are formally educated in  the  use  of
     9  natural therapies, natural substances and pharmacological substances for
    10  common  health conditions and disease prevention.  Naturopaths serve the

    11  public as experts in drug/nutrient and drug/herb interactions.
    12    § 2. The education law is amended by adding a  new  article  132-A  to
    13  read as follows:
    14                                ARTICLE 132-A
    15                                 NATUROPATHS
    16  Section 6575. Introduction.
    17          6576. Definitions.
    18          6577. Definition of the practice of naturopathy.
    19          6578. Title and designation.
    20          6579. Qualifications for licensure.
    21          6580. State board for naturopathy.
    22          6581. Exemptions.
    23          6582. Special provisions.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

                                                                   LBD00060-04-3

        A. 7860                             2
 
     1          6583. Prohibitions.
     2          6584. Mandatory continuing competency.
     3    §  6575. Introduction. This article applies to the licensure and regu-
     4  lation of naturopathic doctors to practice naturopathy  in  this  state.
     5  The  general  provisions  for  all  professions contained in article one
     6  hundred thirty, as added by chapter nine  hundred  eighty-seven  of  the
     7  laws  of nineteen hundred seventy-one, of this title apply to this arti-
     8  cle.
     9    § 6576. Definitions. For  the  purposes  of  this  article,  the  term
    10  "board" means the state board for naturopathy.

    11    § 6577. Definition of the practice of naturopathy.  1. The practice of
    12  the  profession  of  naturopathic medicine is defined as the prevention,
    13  assessment and management of injuries, diseases and  conditions  of  the
    14  human  body through the use of education, nutrition, naturopathic thera-
    15  pies, natural medicines, and naturopathic  physical  medicine  that  are
    16  designed to support and/or restore and/or stimulate the human body's own
    17  natural  self-healing  processes,  as  well as primary preventive health
    18  care, and shall include evaluation and referral as necessary. A licensed
    19  naturopathic doctor shall have the authority, as necessary, and  limited
    20  to  the practice of naturopathic medicine, to order laboratory tests and

    21  imaging, as established by the board in accordance with the  commission-
    22  er's regulations.
    23    2.  Doctors of naturopathic medicine shall be authorized to prescribe,
    24  administer, dispense or use for preventative  and  therapeutic  purposes
    25  the  following  natural  medicines  and  therapies: food, food extracts,
    26  vitamins, minerals, enzymes, digestive aids, desiccated thyroid extract,
    27  plant substances, all homeopathic  preparations,  topical  preparations,
    28  counseling  and education on lifestyle changes, dietary therapy, naturo-
    29  pathic physical medicine, non-invasive therapeutic devices, and  barrier
    30  devices for contraception.
    31    3.  Naturopathic  physical  medicine  consists  of naturopathic manual

    32  therapy, the therapeutic use of physical agents  of  air,  water,  heat,
    33  cold,  sound, light, touch, and the physical modalities of muscle stimu-
    34  lation, hydrotherapy, ultrasound, and exercise.
    35    4. Each naturopathic doctor licensed pursuant to this  article,  shall
    36  advise  each  patient as to the importance of consulting with a licensed
    37  physician regarding the patient's condition and shall keep on file  with
    38  the  patient's records, a form attesting to the patient's notice of such
    39  advice. Such form shall be in duplicate, one copy to be retained by  the
    40  patient,  signed  and  dated  by  both  the  naturopathic doctor and the
    41  patient and shall be prescribed in the following manner: "WE, THE UNDER-

    42  SIGNED, DO AFFIRM THAT (THE PATIENT) HAS BEEN ADVISED  BY,  (A  LICENSED
    43  NATUROPATHIC  DOCTOR), TO CONSULT A PHYSICIAN REGARDING THE CONDITION OR
    44  CONDITIONS FOR WHICH SUCH PATIENT SEEKS NATUROPATHIC CARE."
    45    § 6578. Title and designation.   Only a  person  licensed  under  this
    46  article  may  use  any  or  all  of the following terms, consistent with
    47  academic degrees earned: "Doctor of Naturopathy", "Doctor of Naturopath-
    48  ic Medicine" or  its  abbreviation,  "ND",  "Naturopath",  "Naturopathic
    49  Doctor"  or  "Licensed Naturopath".   However, none of such terms or any
    50  combination of such terms shall be so used to convey the idea  that  the
    51  individual who uses such term practices anything other than naturopathy.

    52    §  6579.  Qualifications  for  licensure.  To qualify for a license to
    53  practice naturopathy, an applicant shall fulfill the following  require-
    54  ments:
    55    1. Application. File an application with the department;

        A. 7860                             3
 
     1    2.  Education. Have received a doctoral degree or diploma as a Naturo-
     2  pathic Doctor (ND) or  Doctor  of  Naturopathic  Medicine  (ND)  from  a
     3  program  of Naturopathic Medicine registered by the department or deter-
     4  mined by the department that meets nationally  recognized  accreditation
     5  standards  satisfactory  to the board and determined to be substantially
     6  equivalent and in accordance with the commissioner's regulations;

     7    3. Experience. As of the year two thousand sixteen, have satisfactori-
     8  ly completed an approved clinical post-graduate residency  training,  of
     9  not  less  than  twelve  months  duration,  under  the  supervision of a
    10  licensed naturopathic doctor with a minimum of two years of professional
    11  clinical activity and in accordance with the commissioner's regulations;
    12    4. Examination. Pass an examination that meets  nationally  recognized
    13  test  development  standards  and  test  competencies  for  naturopathic
    14  doctors satisfactory to the board and in accordance with the commission-
    15  er's regulations;
    16    5. Age. Be at least twenty-one years of age;
    17    6. Character. Be of good moral character as determined by the  depart-
    18  ment; and

    19    7.  Fees.  Pay  a fee of three hundred fifty dollars to the department
    20  for an initial license and a fee of five hundred dollars for each trien-
    21  nial registration period.
    22    § 6580. State board for naturopathy. A  state  board  for  naturopathy
    23  shall  be appointed by the board of regents on the recommendation of the
    24  commissioner for the purpose of assisting the board of regents  and  the
    25  department  on  matters  of licensing and regulation. The board shall be
    26  composed of six licensed members from the profession  licensed  pursuant
    27  to this article and two public representatives who do not hold interests
    28  in the organization, financing, or delivery of naturopathic services and

    29  one licensed physician who is either a doctor of medicine or a doctor of
    30  osteopathy.  Members  of  the  first board need not be licensed prior to
    31  their appointment to the board but shall have met all other requirements
    32  of licensing under subdivision two of section sixty-five hundred  seven-
    33  ty-nine  of this article and shall have resided in the state of New York
    34  for at least two years preceding their appointment to the initial board.
    35  The terms of the first appointed members  shall  be  staggered  so  that
    36  three are appointed for three years, three are appointed for four years,
    37  and  three  are  appointed for five years. An executive secretary to the
    38  board shall be appointed by the board of regents  on  recommendation  of
    39  the commissioner.

    40    §  6581.  Exemptions.  Nothing  contained  in  this  article  shall be
    41  construed to affect or prevent the following:
    42    1. A licensed physician from  practicing  his  or  her  profession  as
    43  defined  under  articles  one hundred thirty-one and one hundred thirty-
    44  one-B of this title; a registered  professional  nurse  or  a  certified
    45  nurse  practitioner  practicing  his  or her profession as defined under
    46  article one hundred thirty-nine of this title; or qualified  members  of
    47  other professions licensed under this title from performing the practice
    48  of  their  professions, except that such persons may not hold themselves
    49  out under the title naturopath or  as performing naturopathy;

    50    2. A student, intern or resident in, and  as  part  of,  a  supervised
    51  educational program in an institution approved by the department;
    52    3.  The  use by non-naturopathic doctors, of therapies used by naturo-
    53  pathic doctors, including, but  not  limited  to  homeopathic  remedies,
    54  nutritional  and  dietary  supplements,  herbs, and such forces as heat,
    55  cold, water, touch and light.

        A. 7860                             4
 
     1    § 6582. Special provisions.   The commissioner may  adopt  such  regu-
     2  lations  as appropriate to license individuals who meet the requirements
     3  for license established in this article,  except  for  examination  and,
     4  whose  standards are acceptable to the commissioner. The applicant shall

     5  submit  within  one  hundred  eighty  days of the effective date of this
     6  section evidence satisfactory to  the  department  of  having  graduated
     7  prior to nineteen hundred eighty-seven from an approved program.
     8    §  6583.  Prohibitions. A naturopathy practitioner licensed under this
     9  article shall be prohibited from:
    10    1. Prescribing or administering legend drugs,  prescription  drugs  or
    11  controlled substances; and
    12    2. Using invasive procedures in testing or as a treatment, therapy, or
    13  professional  service  in  the  practice of naturopathy. For purposes of
    14  this subdivision, "invasive procedure"  means  any  procedure  in  which
    15  human  tissue is cut, altered, or otherwise infiltrated by mechanical or

    16  other means with the exception of drawing  blood.    Invasive  procedure
    17  includes  but  is  not  limited  to  surgery, lasers, giving injections,
    18  ionizing radiation, electroconvulsive therapy, electrical shock  therapy
    19  or electromyography; and
    20    3.  Practicing or claiming to practice as a medical doctor, osteopath,
    21  dentist,  podiatrist,  optometrist,  psychologist,  registered  practice
    22  nurse,  advance  practice professional nurse, midwife, physician assist-
    23  ant, chiropractor,  physical  therapist,  acupuncturist,  mental  health
    24  therapist  or  any other health care professional not authorized in this
    25  chapter; and
    26    4. Using anesthesia or any other means of sedation in the practice  of
    27  naturopathy; and

    28    5. Providing obstetrical services; and
    29    6. Providing psychotherapy services; and
    30    7. Setting fractures.
    31    Engaging  in  any  of  the  activities set forth in this section shall
    32  constitute  professional  misconduct  pursuant  to  section   sixty-five
    33  hundred nine of this title.
    34    §  6584.  Mandatory continuing competency. 1. a. Each licensed naturo-
    35  path required under  this  article  to  register  triennially  with  the
    36  department  to practice in the state shall comply with the provisions of
    37  the mandatory continuing competency requirements prescribed in  subdivi-
    38  sion  two  of  this section, except as provided in paragraphs b and c of
    39  this subdivision. Licensed naturopaths who do not satisfy the  mandatory

    40  continuing  competency  requirements shall not be authorized to practice
    41  until they have met such requirements,  and  they  have  been  issued  a
    42  registration certificate, except that a licensed naturopath may practice
    43  without  having  met  such  requirements if he or she is issued a condi-
    44  tional registration pursuant to subdivision three of this section.
    45    b. Adjustment to the mandatory continuing competency requirements  may
    46  be granted by the department for reasons of health of the licensee where
    47  certified  by  an  appropriate  health  care  professional, for extended
    48  active duty with the armed forces of the United  States,  or  for  other
    49  good cause acceptable to the department which may prevent compliance.

    50    c. A licensed naturopath not engaged in practice, as determined by the
    51  department,  shall  be  exempt  from the mandatory continuing competency
    52  requirement upon the filing of a statement with the department declaring
    53  such status. Any licensee who returns to the practice of licensed  natu-
    54  ropath during the triennial registration period shall notify the depart-
    55  ment  prior  to  reentering the profession and shall meet such mandatory

        A. 7860                             5
 
     1  continuing competency requirements as shall be prescribed by regulations
     2  of the commissioner.
     3    2.  a.  During  each  triennial  registration  period an applicant for
     4  registration as a licensed naturopath shall complete a minimum of  thir-

     5  ty-six  hours  of  acceptable  learning  activities  which contribute to
     6  continuing competence, as specified in subdivision four of this section,
     7  provided further that at least twenty-four hours shall be  in  areas  of
     8  study  pertinent  to  the  scope  of practice of naturopathy.   With the
     9  exception of continuing education hours taken  during  the  registration
    10  period immediately preceding the effective date of this section, contin-
    11  uing  education  hours taken during one triennium may not be transferred
    12  to a subsequent triennium.
    13    b. Any licensed naturopath whose first registration date following the
    14  effective date of this section occurs less than three  years  from  such
    15  effective date, shall complete continuing competency hours on a prorated

    16  basis  at  the  rate of one-half hour per month for the period beginning
    17  January first, two thousand thirteen, up to the first registration date.
    18    c. Thereafter, a licensee who has not satisfied the mandatory continu-
    19  ing competency requirements shall not be issued a triennial registration
    20  certificate by the department and shall not practice unless and until  a
    21  conditional registration certificate is issued as provided for in subdi-
    22  vision three of this section.
    23    3.  The  department, in its discretion, may issue a conditional regis-
    24  tration to a licensee  who  fails  to  meet  the  continuing  competency
    25  requirements  established  in  subdivision  two of this section, but who

    26  agrees to make up any deficiencies and complete any additional  learning
    27  activities which the department may require.
    28    The  fee for such a conditional registration shall be the same as, and
    29  in addition to, the fee for the triennial registration. The duration  of
    30  such  conditional registration shall be determined by the department but
    31  shall not exceed one year. Any licensee who is notified of the denial of
    32  registration for failure to submit evidence, satisfactory to the depart-
    33  ment, of required continuing  competency  learning  activities  and  who
    34  practices  without  such  registration, shall be subject to disciplinary
    35  proceedings pursuant to section sixty-five hundred ten of this title.

    36    4. As used in subdivision two of this  section,  "acceptable  learning
    37  activities" shall mean activities which contribute to professional prac-
    38  tice  in  naturopathic medicine, and which meet the standards prescribed
    39  in the regulations of the commissioner. Such learning  activities  shall
    40  include,  but  not be limited to, collegiate level credit and non-credit
    41  courses, self-study  activities,  independent  study,  formal  mentoring
    42  activities, publications in professional journals, professional develop-
    43  ment  programs  and  technical sessions; such learning activities may be
    44  offered and sponsored by national, state and local professional  associ-
    45  ations  and other organizations or parties acceptable to the department,

    46  and any other organized educational and  technical  learning  activities
    47  acceptable  to the department. The department may, in its discretion and
    48  as needed to contribute to the health and welfare of the public, require
    49  the completion of continuing competency learning activities in  specific
    50  subjects  to  fulfill  this mandatory continuing competency requirement.
    51  Learning activities must be taken from a sponsor approved by the depart-
    52  ment, pursuant to the  regulations of the commissioner.
    53    5. Licensed  naturopaths  shall  maintain  adequate  documentation  of
    54  completion of:

        A. 7860                             6
 
     1    a. a learning plan that shall record current and anticipated roles and

     2  responsibilities  but  shall  not  require the records of peer review or
     3  self-assessment of competencies; and
     4    b.  acceptable  continuing  competency  learning  activities and shall
     5  provide such documentation at the request of the department.
     6    6. The mandatory continuing competency fee shall be fifty dollars  for
     7  licensed  naturopaths,  shall  be  payable on or before the first day of
     8  each triennial registration period, and shall be paid in addition to the
     9  triennial registration fee required by section sixty-five hundred seven-
    10  ty-nine of this article.
    11    § 3. Subdivision (a) of section 1203 of the limited liability  company
    12  law,  as separately amended by chapters 420 and 676 of the laws of 2002,
    13  is amended to read as follows:

    14    (a) Notwithstanding the education law or any other provision  of  law,
    15  one  or more professionals each of whom is authorized by law to render a
    16  professional service within the state, or one or more professionals,  at
    17  least  one of whom is authorized by law to render a professional service
    18  within the state, may form,  or  cause  to  be  formed,  a  professional
    19  service  limited liability company for pecuniary profit under this arti-
    20  cle for the purpose of rendering the professional service or services as
    21  such professionals are authorized to practice. With respect to a profes-
    22  sional service limited  liability  company  formed  to  provide  medical
    23  services  as  such  services are defined in article 131 of the education
    24  law, each member of such limited  liability  company  must  be  licensed
    25  pursuant  to  article  131  of the education law to practice medicine in

    26  this state.  With respect to a professional  service  limited  liability
    27  company  formed  to  provide  naturopathic services as such services are
    28  defined in article 132-A of the  education  law,  each  member  of  such
    29  limited  liability company must be licensed pursuant to article 132-A of
    30  the education law to practice naturopathy in this state. With respect to
    31  a professional service  limited  liability  company  formed  to  provide
    32  dental  services  as  such  services  are  defined in article 133 of the
    33  education law, each member of such limited  liability  company  must  be
    34  licensed  pursuant  to  article  133  of  the  education law to practice
    35  dentistry in this state. With respect to a professional service  limited
    36  liability company formed to provide veterinary services as such services

    37  are  defined  in  article  135 of the education law, each member of such
    38  limited liability company must be licensed pursuant to  article  135  of
    39  the  education  law  to practice veterinary medicine in this state. With
    40  respect to a professional service limited liability  company  formed  to
    41  provide  professional  engineering, land surveying, architectural and/or
    42  landscape architectural services as such services are defined in article
    43  145, article 147 and article 148 of the education law,  each  member  of
    44  such limited liability company must be licensed pursuant to article 145,
    45  article  147  and/or article 148 of the education law to practice one or
    46  more of such professions in this state. With respect to  a  professional
    47  service  limited  liability  company formed to provide licensed clinical
    48  social work services as such services are defined in article 154 of  the

    49  education  law,  each  member of such limited liability company shall be
    50  licensed pursuant to article  154  of  the  education  law  to  practice
    51  licensed  clinical  social work in this state. With respect to a profes-
    52  sional service limited liability company formed to provide creative arts
    53  therapy services as such services are defined  in  article  163  of  the
    54  education  law,  each  member  of such limited liability company must be
    55  licensed pursuant to article 163 of the education law to practice  crea-
    56  tive  arts therapy in this state. With respect to a professional service

        A. 7860                             7
 
     1  limited liability company formed to provide marriage and family  therapy
     2  services  as  such  services are defined in article 163 of the education
     3  law, each member of such limited  liability  company  must  be  licensed

     4  pursuant  to  article  163 of the education law to practice marriage and
     5  family therapy in this state. With respect  to  a  professional  service
     6  limited  liability  company  formed  to provide mental health counseling
     7  services as such services are defined in article 163  of  the  education
     8  law,  each  member  of  such  limited liability company must be licensed
     9  pursuant to article 163 of the education law to practice  mental  health
    10  counseling in this state. With respect to a professional service limited
    11  liability  company  formed  to  provide  psychoanalysis services as such
    12  services are defined in article 163 of the education law, each member of
    13  such limited liability company must be licensed pursuant to article  163
    14  of the education law to practice psychoanalysis in this state.  In addi-
    15  tion  to  engaging  in  such  profession  or professions, a professional

    16  service limited liability company may engage in any  other  business  or
    17  activities  as  to which a limited liability company may be formed under
    18  section two hundred one of this  chapter.    Notwithstanding  any  other
    19  provision  of  this  section,  a  professional service limited liability
    20  company (i) authorized to  practice  law  may  only  engage  in  another
    21  profession  or  business  or  activities  or  (ii) which is engaged in a
    22  profession or other business or  activities  other  than  law  may  only
    23  engage in the practice of law, to the extent not prohibited by any other
    24  law of this state or any rule adopted by the appropriate appellate divi-
    25  sion of the supreme court or the court of appeals.
    26    §  4. Subdivision (b) of section 1207 of the limited liability company
    27  law, as separately amended by chapters 420 and 676 of the laws of  2002,
    28  is amended to read as follows:

    29    (b)  with  respect to a professional service limited liability company
    30  formed to provide medical services as such services are defined in arti-
    31  cle 131 of the education law, each  member  of  such  limited  liability
    32  company must be licensed pursuant to article 131 of the education law to
    33  practice medicine in this state.  With respect to a professional service
    34  limited  liability  company  formed  to provide naturopathic services as
    35  such services are defined in article 132-A of the  education  law,  each
    36  member  of  such  limited liability company must be licensed pursuant to
    37  article 132-A of the education  law  to  practice  naturopathy  in  this
    38  state.  With respect to a professional service limited liability company
    39  formed to provide dental services as such services are defined in  arti-

    40  cle  133  of  the  education  law, each member of such limited liability
    41  company must be licensed pursuant to article 133 of the education law to
    42  practice dentistry in this state. With respect to a professional service
    43  limited liability company formed to provide veterinary services as  such
    44  services are defined in article 135 of the education law, each member of
    45  such  limited liability company must be licensed pursuant to article 135
    46  of the education law to practice veterinary medicine in this state. With
    47  respect to a professional service limited liability  company  formed  to
    48  provide  professional  engineering, land surveying, architectural and/or
    49  landscape architectural services as such services are defined in article
    50  145, article 147 and article 148 of the education law,  each  member  of
    51  such limited liability company must be licensed pursuant to article 145,

    52  article  147  and/or article 148 of the education law to practice one or
    53  more of such professions in this state. With respect to  a  professional
    54  service  limited  liability  company formed to provide licensed clinical
    55  social work services as such services are defined in article 154 of  the
    56  education  law,  each  member of such limited liability company shall be

        A. 7860                             8
 
     1  licensed pursuant to article  154  of  the  education  law  to  practice
     2  licensed  clinical  social work in this state. With respect to a profes-
     3  sional service limited liability company formed to provide creative arts
     4  therapy  services  as  such  services  are defined in article 163 of the
     5  education law, each member of such limited  liability  company  must  be
     6  licensed  pursuant to article 163 of the education law to practice crea-

     7  tive arts therapy in this state. With respect to a professional  service
     8  limited  liability company formed to provide marriage and family therapy
     9  services as such services are defined in article 163  of  the  education
    10  law,  each  member  of  such  limited liability company must be licensed
    11  pursuant to article 163 of the education law to  practice  marriage  and
    12  family  therapy  in  this  state. With respect to a professional service
    13  limited liability company formed to  provide  mental  health  counseling
    14  services  as  such  services are defined in article 163 of the education
    15  law, each member of such limited  liability  company  must  be  licensed
    16  pursuant  to  article 163 of the education law to practice mental health
    17  counseling in this state. With respect to a professional service limited
    18  liability company formed to  provide  psychoanalysis  services  as  such

    19  services are defined in article 163 of the education law, each member of
    20  such  limited liability company must be licensed pursuant to article 163
    21  of the education law to practice psychoanalysis in this state.
    22    § 5. Subdivision (a) of section 1301 of the limited liability  company
    23  law,  as separately amended by chapters 420 and 676 of the laws of 2002,
    24  is amended to read as follows:
    25    (a) "Foreign professional service limited liability company"  means  a
    26  professional  service  limited liability company, whether or not denomi-
    27  nated as such, organized under the laws of  a  jurisdiction  other  than
    28  this state, (i) each of whose members and managers, if any, is a profes-
    29  sional  authorized  by  law to render a professional service within this
    30  state and who is or has been engaged in the practice of such  profession

    31  in  such professional service limited liability company or a predecessor
    32  entity, or will engage in the practice of such profession in the profes-
    33  sional service limited liability company within thirty days of the  date
    34  such  professional becomes a member, or each of whose members and manag-
    35  ers, if any, is a professional at least one of such members  is  author-
    36  ized  by  law to render a professional service within this state and who
    37  is or has been engaged in  the  practice  of  such  profession  in  such
    38  professional  service limited liability company or a predecessor entity,
    39  or will engage in the practice of such profession  in  the  professional
    40  service  limited  liability  company within thirty days of the date such
    41  professional becomes a member, or  (ii)  authorized  by,  or  holding  a
    42  license,  certificate,  registration  or  permit issued by the licensing

    43  authority pursuant to,  the  education  law  to  render  a  professional
    44  service within this state; except that all members and managers, if any,
    45  of  a  foreign  professional  service  limited  liability  company  that
    46  provides health services in this state shall be licensed in this  state.
    47  With respect to a foreign professional service limited liability company
    48  formed  to provide naturopathic services as such services are defined in
    49  article 132-A of the education law, each member of such limited  liabil-
    50  ity  company must be licensed pursuant to article 132-A of the education
    51  law to practice naturopathy in this state. With  respect  to  a  foreign
    52  professional service limited liability company which provides veterinary
    53  services  as  such  services are defined in article 135 of the education

    54  law, each member of such foreign professional service limited  liability
    55  company  shall  be licensed pursuant to article 135 of the education law
    56  to practice veterinary medicine. With respect to a foreign  professional

        A. 7860                             9
 
     1  service  limited  liability  company  which provides medical services as
     2  such services are defined in article 131  of  the  education  law,  each
     3  member  of  such  foreign professional service limited liability company
     4  must  be  licensed pursuant to article 131 of the education law to prac-
     5  tice medicine in this state.   With respect to  a  foreign  professional
     6  service limited liability company which provides dental services as such
     7  services are defined in article 133 of the education law, each member of
     8  such  foreign  professional  service  limited  liability company must be

     9  licensed pursuant to article  133  of  the  education  law  to  practice
    10  dentistry  in this state. With respect to a foreign professional service
    11  limited liability company which provides professional engineering,  land
    12  surveying, architectural and/or landscape architectural services as such
    13  services  are defined in article 145, article 147 and article 148 of the
    14  education law, each member of such foreign professional service  limited
    15  liability  company must be licensed pursuant to article 145, article 147
    16  and/or article 148 of the education law to practice one or more of  such
    17  professions  in  this  state.  With  respect  to  a foreign professional
    18  service limited  liability  company  which  provides  licensed  clinical
    19  social  work services as such services are defined in article 154 of the
    20  education law, each member of such foreign professional service  limited

    21  liability  company  shall  be  licensed  pursuant  to article 154 of the
    22  education law to practice clinical  social  work  in  this  state.  With
    23  respect  to  a  foreign  professional  service limited liability company
    24  which provides creative arts  therapy  services  as  such  services  are
    25  defined in article 163 of the education law, each member of such foreign
    26  professional service limited liability company must be licensed pursuant
    27  to article 163 of the education law to practice creative arts therapy in
    28  this  state.  With  respect  to  a  foreign professional service limited
    29  liability company which provides marriage and family therapy services as
    30  such services are defined in article 163  of  the  education  law,  each
    31  member  of  such  foreign professional service limited liability company
    32  must be licensed pursuant to article 163 of the education law  to  prac-

    33  tice  marriage  and  family  therapy  in  this  state. With respect to a
    34  foreign professional service limited liability  company  which  provides
    35  mental  health counseling services as such services are defined in arti-
    36  cle 163 of the education law, each member of such  foreign  professional
    37  service  limited  liability company must be licensed pursuant to article
    38  163 of the education law to practice mental health  counseling  in  this
    39  state.  With respect to a foreign professional service limited liability
    40  company which provides psychoanalysis  services  as  such  services  are
    41  defined in article 163 of the education law, each member of such foreign
    42  professional service limited liability company must be licensed pursuant
    43  to  article  163 of the education law to practice psychoanalysis in this
    44  state.
    45    § 6. Subdivision (q) of section 121-1500 of the  partnership  law,  as

    46  separately  amended  by  chapters  420  and  676 of the laws of 2002, is
    47  amended to read as follows:
    48    (q) Each partner of a registered limited liability partnership  formed
    49  to  provide  medical services in this state must be licensed pursuant to
    50  article 131 of the education law to practice medicine in this state  and
    51  each  partner  of  a  registered limited liability partnership formed to
    52  provide dental services in this state must be licensed pursuant to arti-
    53  cle 133 of the education law to practice dentistry in this state.   Each
    54  partner  of a registered limited liability partnership formed to provide
    55  naturopathic services in this state must be licensed pursuant to article
    56  132-A of the education law to practice naturopathy in this  state.  Each

        A. 7860                            10
 

     1  partner  of a registered limited liability partnership formed to provide
     2  veterinary services in this state must be licensed pursuant  to  article
     3  135  of the education law to practice veterinary medicine in this state.
     4  Each  partner  of  a  registered limited liability partnership formed to
     5  provide professional engineering, land surveying,  architectural  and/or
     6  landscape architectural services in this state must be licensed pursuant
     7  to  article  145, article 147 and/or article 148 of the education law to
     8  practice one or more of such professions in this state. Each partner  of
     9  a  registered  limited  liability partnership formed to provide licensed
    10  clinical social work services in this state must be licensed pursuant to
    11  article 154 of the education law to practice  clinical  social  work  in
    12  this  state.  Each partner of a registered limited liability partnership

    13  formed to provide creative arts therapy services in this state  must  be
    14  licensed  pursuant to article 163 of the education law to practice crea-
    15  tive arts therapy in this state. Each partner of  a  registered  limited
    16  liability  partnership  formed  to  provide  marriage and family therapy
    17  services in this state must be licensed pursuant to article 163  of  the
    18  education  law  to  practice  marriage and family therapy in this state.
    19  Each partner of a registered limited  liability  partnership  formed  to
    20  provide mental health counseling services in this state must be licensed
    21  pursuant  to  article 163 of the education law to practice mental health
    22  counseling in this state. Each partner of a registered limited liability
    23  partnership formed to provide psychoanalysis services in this state must
    24  be licensed pursuant to article 163 of the  education  law  to  practice

    25  psychoanalysis in this state.
    26    §  7.  Subdivision  (q) of section 121-1502 of the partnership law, as
    27  amended by chapter 230 of the laws  of  2004,  is  amended  to  read  as
    28  follows:
    29    (q)  Each  partner  of  a  foreign limited liability partnership which
    30  provides medical services in this state must  be  licensed  pursuant  to
    31  article  131  of the education law to practice medicine in the state and
    32  each partner of a foreign limited liability partnership  which  provides
    33  dental services in the state must be licensed pursuant to article 133 of
    34  the  education law to practice dentistry in this state.  Each partner of
    35  a foreign limited  liability  partnership  which  provides  naturopathic
    36  services in this state must be licensed pursuant to article 132-A of the

    37  education  law  to practice naturopathy in this state. Each partner of a
    38  foreign limited liability partnership which provides veterinary  service
    39  in  the state shall be licensed pursuant to article 135 of the education
    40  law to practice veterinary medicine in this state.  Each  partner  of  a
    41  foreign  limited liability partnership which provides professional engi-
    42  neering, land surveying, architectural  and/or  landscape  architectural
    43  services in this state must be licensed pursuant to article 145, article
    44  147  and/or  article 148 of the education law to practice one or more of
    45  such professions. Each partner of a foreign limited  liability  partner-
    46  ship which provides licensed clinical social work services in this state
    47  must  be  licensed pursuant to article 154 of the education law to prac-
    48  tice licensed clinical social work in this  state.  Each  partner  of  a

    49  foreign limited liability partnership which provides creative arts ther-
    50  apy  services  in this state must be licensed pursuant to article 163 of
    51  the education law to practice creative arts therapy in this state.  Each
    52  partner  of  a  foreign  limited  liability  partnership  which provides
    53  marriage and family therapy services in  this  state  must  be  licensed
    54  pursuant  to  article  163 of the education law to practice marriage and
    55  family therapy in this state. Each partner of a foreign limited  liabil-
    56  ity partnership which provides mental health counseling services in this

        A. 7860                            11
 
     1  state  must  be licensed pursuant to article 163 of the education law to
     2  practice mental health counseling in  this  state.  Each  partner  of  a
     3  foreign  limited  liability  partnership  which  provides psychoanalysis

     4  services  in  this state must be licensed pursuant to article 163 of the
     5  education law to practice psychoanalysis in this state.
     6    § 8. Paragraph (a) of subdivision 1  of  section  413  of  the  social
     7  services  law,  as  amended by section 3 of part D of chapter 501 of the
     8  laws of 2012, is amended to read as follows:
     9    (a) The following persons and officials  are  required  to  report  or
    10  cause  a  report to be made in accordance with this title when they have
    11  reasonable cause to suspect that a child coming  before  them  in  their
    12  professional  or  official capacity is an abused or maltreated child, or
    13  when they have reasonable cause to suspect that a child is an abused  or
    14  maltreated  child  where the parent, guardian, custodian or other person
    15  legally responsible for such child comes before them  in  their  profes-

    16  sional  or  official  capacity and states from personal knowledge facts,
    17  conditions or circumstances which, if correct, would render the child an
    18  abused or maltreated child: any physician; registered physician  assist-
    19  ant;  surgeon;  medical  examiner;  coroner;  dentist; dental hygienist;
    20  osteopath; optometrist; chiropractor; podiatrist;  licensed  naturopath;
    21  resident;  intern;  psychologist; registered nurse; social worker; emer-
    22  gency medical technician; licensed  creative  arts  therapist;  licensed
    23  marriage   and  family  therapist;  licensed  mental  health  counselor;
    24  licensed psychoanalyst; hospital personnel  engaged  in  the  admission,
    25  examination,  care  or treatment of persons; a Christian Science practi-
    26  tioner; school official, which includes but is  not  limited  to  school
    27  teacher,  school  guidance counselor, school psychologist, school social

    28  worker, school nurse, school administrator  or  other  school  personnel
    29  required  to  hold  a teaching or administrative license or certificate;
    30  social services worker; director of a children's overnight camp,  summer
    31  day  camp  or  traveling  summer  day camp, as such camps are defined in
    32  section thirteen hundred ninety-two of the public health law;  day  care
    33  center worker; school-age child care worker; provider of family or group
    34  family  day  care; or any other child care or foster care worker; mental
    35  health professional; substance abuse  counselor;  alcoholism  counselor;
    36  all persons credentialed by the office of alcoholism and substance abuse
    37  services;  peace officer; police officer; district attorney or assistant
    38  district attorney; investigator employed in the  office  of  a  district
    39  attorney; or other law enforcement official.

    40    §  9.  This  act  shall  take effect on the three hundred sixtieth day
    41  after it shall have become a law; provided however, that if section 3 of
    42  part D of chapter 501 of the laws of 2012 shall not have taken effect on
    43  or before such date then section eight of this act shall take effect  on
    44  the  same  date and in the same manner as section 3 of part D of chapter
    45  501 of the laws of 2012 takes effect; provided  further  that  effective
    46  immediately,  the addition, amendment and/or repeal of any rule or regu-
    47  lation necessary for the implementation of this  act  on  its  effective
    48  date  is authorized and directed to be made and completed by the commis-
    49  sioner of education and the board of regents on or before such effective
    50  date.
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