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:

BILL NUMBER:A7860

TITLE OF BILL:  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

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
naturopathic doctors as licensed professionals in Yew York State.
This legislation also includes specific requirements for the education
and residency 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 residency training of an approved program with five years
of clinical supervision of not less than 12 months in duration and
pass a national examination.

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 institutions that train WDs in New York, which is not
possible until licensure 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
Naturopathic Doctors is a long-overdue and critical step in the future
financial 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
immediately, 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:

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

                                         7860

                              2013-2014 Regular Sessions

                                 I N  A S S E M B L Y

                                     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    S 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    S  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    S 6576. DEFINITIONS. FOR  THE  PURPOSES  OF  THIS  ARTICLE,  THE  TERM
   10  "BOARD" MEANS THE STATE BOARD FOR NATUROPATHY.
   11    S 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    S 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    S  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    S 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    S  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
   44  THIRTY-ONE-B OF THIS TITLE; A REGISTERED PROFESSIONAL NURSE OR A  CERTI-
   45  FIED  NURSE  PRACTITIONER  PRACTICING  HIS  OR HER PROFESSION AS DEFINED
   46  UNDER ARTICLE ONE  HUNDRED  THIRTY-NINE  OF  THIS  TITLE;  OR  QUALIFIED
   47  MEMBERS  OF  OTHER PROFESSIONS LICENSED UNDER THIS TITLE FROM PERFORMING
   48  THE PRACTICE OF THEIR PROFESSIONS, EXCEPT THAT SUCH PERSONS MAY NOT HOLD
   49  THEMSELVES 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    S 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    S  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    S  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    S 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    S  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    S 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    S 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    S  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    S 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    S  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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