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A05027 Summary:

BILL NOA05027A
 
SAME ASSAME AS S00021-A
 
SPONSORSolages
 
COSPNSRWoerner, Bronson, Brabenec, Walczyk, Schmitt, Miller B, McDonough, McMahon, Griffin
 
MLTSPNSR
 
Add Art 163-A §§8450 - 8459, amd §§6503-a, 7605, 7706 & 8410, Ed L; amd §700, County L; amd §§1203, 1207 & 1301, Lim Lil L; amd §§121-1500 & 121-1502, Partn L
 
Provides for the licensing of professional and clinical music therapists encompassing the assessment, evaluation, and the therapeutic intervention and treatment of mental, emotional, developmental and behavioral disorders through the use of music.
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A05027 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         5027--A
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 10, 2021
                                       ___________
 
        Introduced  by  M.  of  A. SOLAGES, WOERNER, BRONSON, BRABENEC, WALCZYK,
          SCHMITT, B. MILLER, McDONOUGH,  McMAHON,  GRIFFIN  --  read  once  and
          referred  to  the  Committee on Higher Education -- recommitted to the
          Committee on Higher Education in accordance with Assembly Rule 3, sec.
          2 -- committee discharged, bill amended, ordered reprinted as  amended
          and recommitted to said committee
 
        AN ACT to amend the education law, the county law, the limited liability
          company  law  and the partnership law, in relation to the licensing of
          professional and clinical music therapists
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1. The education law is amended by adding a new article 163-A
     2  to read as follows:
     3                                ARTICLE 163-A
     4                                MUSIC THERAPY
     5  Section 8450. Introduction.
     6          8451. Definitions.
     7          8452. Authorized practice and the use of  the  titles  "licensed
     8                  professional  music  therapist"  and  "licensed clinical
     9                  music therapist".
    10          8453. State board for music therapy.
    11          8454. Requirements for a license.
    12          8455. Limited permits.
    13          8456. Exemptions.
    14          8457. Special provisions.
    15          8458. Boundaries of professional competency.
    16          8459. Mandatory continuing competency.
    17    § 8450. Introduction. This article applies to the profession and prac-
    18  tice of music therapy, and to the use of the  titles  "licensed  profes-
    19  sional  music  therapist"  and "licensed clinical music therapist".  The
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00762-05-2

        A. 5027--A                          2
 
     1  general provisions for all professions contained in article one  hundred
     2  thirty of this title apply to this article.
     3    §  8451.  Definitions.  1.  (a)  The practice of licensed professional
     4  music therapy shall mean the clinical and evidence-based  use  of  music
     5  interventions  to accomplish individualized goals for people of all ages
     6  and ability levels within a therapeutic relationship, through the devel-
     7  opment of music therapy  treatment  plans  specific  to  the  needs  and
     8  strengths of the client who may be seen individually and/or in groups.
     9    (b)  A  licensed  professional music therapist uses interventions that
    10  may include music improvisation, receptive music listening,  song  writ-
    11  ing,  lyric  discussion,  music and imagery, singing, music performance,
    12  learning through music, music combined with other  arts,  music-assisted
    13  relaxation,  music-based education, electronic music technology, adapted
    14  music interventions and movement to music.
    15    (c) The practice of  licensed  professional  music  therapy  does  not
    16  include  the screening, diagnosis or assessment of any physical, mental,
    17  or communication disorder.
    18    2. (a) The practice of licensed clinical music therapy encompasses the
    19  scope of practice of licensed professional music therapy and,  in  addi-
    20  tion,  includes  the  assessment, evaluation, and the therapeutic inter-
    21  vention and treatment, which may be either primary, parallel or  adjunc-
    22  tive,  of  mental,  emotional,  developmental  and  behavioral disorders
    23  through the use of music as approved by the department.
    24    (b) Licensed clinical music therapists use assessment instruments  and
    25  mental  health  counseling  and  psychotherapy to identify, evaluate and
    26  treat dysfunctions and disorders for purposes of  providing  appropriate
    27  clinical music therapy services.
    28    3.  Psychotherapy  means  the treatment of mental, nervous, emotional,
    29  behavioral and addictive disorders, and ailments  by  the  use  of  both
    30  verbal and behavioral methods of intervention in interpersonal relation-
    31  ships  with  the  intent  of  assisting the persons to modify attitudes,
    32  thinking, effect, and behavior which are  intellectually,  socially  and
    33  emotionally maladaptive.
    34    §  8452.  Authorized  practice  and  the  use  of the titles "licensed
    35  professional music therapist" and "licensed clinical  music  therapist".
    36  1.  (a)  Only a person licensed or exempt under this article shall prac-
    37  tice "licensed professional music therapy" as defined in subdivision one
    38  of section eighty-four hundred fifty-one of this article.
    39    (b) Only a person licensed pursuant  to  subdivision  one  of  section
    40  eighty-four  hundred  fifty-four  of  this  article  shall use the title
    41  "licensed professional music therapist" or the designation "LPMT".
    42    2. (a) Only a person licensed or exempt under this article shall prac-
    43  tice "licensed clinical music therapy" as defined in subdivision two  of
    44  section eighty-four hundred fifty-one of this article.
    45    (b)  Only  a  person  licensed  pursuant to subdivision two of section
    46  eighty-four hundred fifty-four of  this  article  shall  use  the  title
    47  "licensed clinical music therapist" or the designation "LCMT".
    48    § 8453. State board for music therapy. A state board for music therapy
    49  "the  board",  shall be appointed by the board of regents on recommenda-
    50  tion of the commissioner for the  purpose  of  assisting  the  board  of
    51  regents  and  the department on matters of professional licensing, prac-
    52  tice, and conduct in accordance with section sixty-five hundred eight of
    53  this title. The board shall be composed of not less than twelve members,
    54  of which five shall be  licensed  professional  music  therapists,  five
    55  shall be licensed clinical music therapists, and two shall be members of
    56  the  public.  Members  of  the first board need not be licensed prior to

        A. 5027--A                          3
 
     1  their appointment to the board. The terms of the first appointed members
     2  shall be staggered so that four are appointed for three years, four  are
     3  appointed  for  four  years,  and  four are appointed for five years. An
     4  executive  secretary  to  the  board  shall be appointed by the board of
     5  regents on recommendation of the  commissioner  and  shall  be  licensed
     6  pursuant to this article.
     7    §  8454.  Requirements for a license. 1. To qualify for a license as a
     8  "licensed professional music therapist," an applicant shall fulfill  the
     9  following requirements:
    10    (a) Application: file an application with the department;
    11    (b)  Education:  have received an education, including a baccalaureate
    12  degree in music therapy from a program registered by the  department  or
    13  determined  by  the department to be the substantial equivalent thereof,
    14  in accordance with the commissioner's regulations;
    15    (c) Experience: have completed at least twelve hundred hours of super-
    16  vised clinical training experience in music therapy, with not less  than
    17  one  hundred eighty hours of pre-internship experience and not less than
    18  nine hundred hours of internship experience, satisfactory to the depart-
    19  ment and in accordance with the commissioner's regulations;
    20    (d) Examination: provide proof of passing  a  national  board  certif-
    21  ication  examination  or  provide  proof  of  being  transitioned into a
    22  national board certification credential, satisfactory to the  board  and
    23  in  accordance  with the commissioner's regulations, currently available
    24  to music therapists who have met the  education  and  clinical  training
    25  standards of the profession;
    26    (e) Age: be at least twenty-one years of age;
    27    (f) Character: be of good moral character as determined by the depart-
    28  ment; and
    29    (g) Fees: pay a fee of one hundred seventy-five dollars for an initial
    30  license  and  a  fee  of  one hundred seventy dollars for each triennial
    31  registration period.
    32    2. To qualify for a license as a "licensed clinical music  therapist,"
    33  an applicant shall fulfill the following requirements:
    34    (a) Application: file an application with the department;
    35    (b) Education: have received an education, including a master's degree
    36  or  higher in music therapy or a related field from a program registered
    37  by the department or determined by the department to be the  substantial
    38  equivalent  thereof,  in accordance with the commissioner's regulations.
    39  The graduate coursework shall  include,  but  not  be  limited  to,  the
    40  following areas:
    41    (i) human growth and development;
    42    (ii) theories in music therapy;
    43    (iii) group dynamics;
    44    (iv) assessment and appraisal of individuals and groups;
    45    (v) research and program evaluation;
    46    (vi) professional orientation and ethics;
    47    (vii) foundations of music therapy and psychopathology;
    48    (viii) clinical instruction;
    49    (c) Experience: have completed at least fifteen hundred hours of post-
    50  master's  supervised  experience  in  music  therapy satisfactory to the
    51  department and in accordance with the commissioner's regulations. Satis-
    52  factory experience obtained in an entity operating under a waiver issued
    53  by the department pursuant to section sixty-five hundred three-a of this
    54  title may be accepted by the department, notwithstanding that such expe-
    55  rience may have been obtained  prior  to  the  effective  date  of  such
    56  section  and/or  prior  to  the  entity  having obtained a waiver.   The

        A. 5027--A                          4
 
     1  department may, for good cause  shown,  accept  satisfactory  experience
     2  that was obtained in a setting that would have been eligible for a waiv-
     3  er but which has not obtained a waiver from the department or experience
     4  that  was  obtained in good faith by the applicant under the belief that
     5  appropriate authorization had been obtained for the experience, provided
     6  that such experience meets all other requirements for acceptable experi-
     7  ence;
     8    (d) Examination: provide proof of passing  a  national  board  certif-
     9  ication  examination  or  provide  proof  of  being  transitioned into a
    10  national board certification credential, satisfactory to the  board  and
    11  in  accordance  with the commissioner's regulations, currently available
    12  to music therapists who have met the  education  and  clinical  training
    13  standards of the profession;
    14    (e) Age: be at least twenty-one years of age;
    15    (f) Character: be of good moral character as determined by the depart-
    16  ment; and
    17    (g) Fees: pay a fee of one hundred seventy-five dollars for an initial
    18  license  and  a  fee  of  one hundred seventy dollars for each triennial
    19  registration period.
    20    § 8455. Limited permits.  1.  On  recommendation  of  the  board,  the
    21  department  may  issue  a  limited  permit to practice licensed clinical
    22  music therapy and use the title licensed clinical music therapist to  an
    23  applicant who has met all requirements for licensure as a licensed clin-
    24  ical  music  therapist  except  those  relating  to  the examination and
    25  provided that the individual is  under  the  general  supervision  of  a
    26  professional  supervisor,  as determined by the department. This limited
    27  permit shall be valid for a period of not more than twenty-four  months;
    28  such  limited  permits  may be renewed, at the discretion of the depart-
    29  ment, for up to two additional one-year periods.
    30    2. The fee for each limited permit shall be seventy dollars.
    31    § 8456.  Exemptions.  Nothing  contained  in  this  article  shall  be
    32  construed to:
    33    1.  Apply to the practice, conduct, activities, services or use of any
    34  title by any person licensed or otherwise authorized to  practice  medi-
    35  cine within the state pursuant to article one hundred thirty-one of this
    36  title  or  by  any  person registered to perform services as a physician
    37  assistant within the state pursuant to article one hundred  thirty-one-B
    38  of this title or by any person licensed or otherwise authorized to prac-
    39  tice  psychology  within  this  state  pursuant  to  article one hundred
    40  fifty-three of this title or by any person licensed or otherwise author-
    41  ized to practice social work within this state pursuant to  article  one
    42  hundred fifty-four of this title, or by any person licensed or otherwise
    43  authorized  to  practice  nursing  as a registered professional nurse or
    44  nurse practitioner within this state pursuant  to  article  one  hundred
    45  thirty-nine of this title or by any person licensed or otherwise author-
    46  ized  to practice applied behavior analysis within the state pursuant to
    47  article one hundred sixty-seven of this title, or by any person licensed
    48  or otherwise authorized to practice mental health  counseling,  marriage
    49  and  family therapy, creative arts therapy, or psychoanalysis within the
    50  state pursuant  to  article  one  hundred  sixty-three  of  this  title;
    51  provided,  however, that no physician, physician's assistant, registered
    52  professional nurse, nurse practitioner,  psychologist,  licensed  master
    53  social  worker,  licensed  clinical  social  worker,  licensed  behavior
    54  analyst, certified behavior analyst assistant,  licensed  mental  health
    55  counselor,  licensed  marriage  and  family therapist, licensed creative
    56  arts therapist, or licensed psychoanalyst may use the  titles  "licensed

        A. 5027--A                          5
 
     1  professional  music  therapist," or "licensed clinical music therapist,"
     2  unless licensed under this article.
     3    2. Prohibit or limit any individual who is credentialed under any law,
     4  including  attorneys, rape crisis counselors, certified alcoholism coun-
     5  selors and certified substance abuse counselors  from  providing  mental
     6  health services within their respective established authorities.
     7    3. Prohibit or limit the practice of a profession licensed pursuant to
     8  this  article  by  a  student,  intern or resident in, and as part of, a
     9  supervised educational program in an institution approved by the depart-
    10  ment.
    11    4. Prohibit or limit the provision of pastoral counseling services  by
    12  any  member  of the clergy or Christian Science practitioner, within the
    13  context of his or her ministerial charge or obligation.
    14    5. Prohibit or limit individuals, churches, schools, teachers,  organ-
    15  izations,  or  not-for-profit  businesses,  from  providing instruction,
    16  advice, support, encouragement, or information to individuals, families,
    17  and relational groups.
    18    6. Prohibit or limit an occupational therapist  from  performing  work
    19  consistent with article one hundred fifty-six of this title.
    20    7.  Prohibit  or  limit  any  individual  whose  training and national
    21  certification attests to the individual's  preparation  and  ability  to
    22  practice  his  or her certified profession or occupation, if that person
    23  does not represent himself or herself as a licensed  professional  music
    24  therapist or licensed clinical music therapist.
    25    §  8457.  Special  provisions.  1.  This  section  shall  apply to all
    26  professions  licensed  pursuant  to  this  article,   unless   otherwise
    27  provided.
    28    2.  Any nonexempt person practicing a profession to be licensed pursu-
    29  ant to this article shall apply for a license under this article  within
    30  one year of the effective date of this article.  If such person does not
    31  meet  the  requirements  for  a license established within this article,
    32  such person may meet alternative criteria determined by  the  department
    33  to be the substantial equivalent of such criteria.
    34    3.  Any  person  who holds an active board certification credential in
    35  music therapy from a national certification  body  having  certification
    36  standards acceptable to the commissioner shall be licensed as a licensed
    37  professional music therapist on the effective date of this section with-
    38  out   meeting  any  additional  education,  experience,  or  examination
    39  requirements.
    40    4. Any person who holds an active board  certification  credential  in
    41  music  therapy  from  a national certification body having certification
    42  standards acceptable to the commissioner and a master's degree in  music
    43  therapy  or  a  related  field  shall be licensed as a licensed clinical
    44  music therapist on the effective date of this  section  without  meeting
    45  any additional education, experience, or examination requirements.
    46    5.  Any  person  who  is licensed as a creative arts therapist and who
    47  possesses a minimum of a bachelor's  degree  in  music  therapy  or  its
    48  equivalent  on the effective date of this section shall be licensed as a
    49  licensed clinical music therapist without meeting any additional  educa-
    50  tion, experience, or examination requirements.
    51    6.  Any  person  who  possesses a minimum of a baccalaureate degree in
    52  music therapy on the effective date of this section, who has  ten  years
    53  of  post-graduate  music  therapy  employment  and holds an active board
    54  certification credential in music therapy from a national  certification
    55  body, and meets the requirements for a license pursuant to this article,
    56  except  for  examination,  and  who files with the department within one

        A. 5027--A                          6
 
     1  year of the effective date of this  section,  shall  be  licensed  as  a
     2  licensed clinical music therapist.
     3    7.  Any  person  who possesses a master's degree in music therapy or a
     4  related field on the effective date of this section, who has five  years
     5  of  post-graduate  music  therapy  employment  and holds an active board
     6  certification credential in music therapy from a national  certification
     7  body, and meets the requirements for a license pursuant to this article,
     8  except  for  examination,  and  who files with the department within one
     9  year of the effective date of this  section,  shall  be  licensed  as  a
    10  licensed clinical music therapist.
    11    8. Any person licensed pursuant to this article may use accepted clas-
    12  sifications  of signs, symptoms, dysfunctions and disorders, as approved
    13  in accordance with regulations promulgated by  the  department,  in  the
    14  practice of such licensed profession.
    15    §  8458.  Boundaries of professional competency. 1. It shall be deemed
    16  practicing outside the boundaries of his or her professional  competence
    17  for a person licensed pursuant to this article, in the case of treatment
    18  of  any serious mental illness, to provide any mental health service for
    19  such illness on a continuous and sustained basis without a medical eval-
    20  uation of the illness by, and in consultation with, a physician  regard-
    21  ing  such  illness. Such medical evaluation and consultation shall be to
    22  determine and advise whether any medical  care  is  indicated  for  such
    23  illness.  For  purposes  of this section, "serious mental illness" means
    24  schizophrenia, schizoaffective disorder, bipolar disorder, major depres-
    25  sive disorder, panic disorder, and obsessive-compulsive disorder.
    26    2. (a) Any individual whose license or authority to  practice  derives
    27  from the provisions of this article shall be prohibited from:
    28    (i) prescribing or administering drugs as defined in this chapter as a
    29  treatment,  therapy,  or  professional service in the practice of his or
    30  her profession; or
    31    (ii) using invasive procedures as a  treatment,  therapy,  or  profes-
    32  sional service in the practice of his or her profession. For purposes of
    33  this  subdivision,  "invasive  procedure"  means  any procedure in which
    34  human tissue is cut, altered, or otherwise infiltrated by mechanical  or
    35  other means. Invasive procedure includes surgery, lasers, ionizing radi-
    36  ation, therapeutic ultrasound, or electroconvulsive therapy.
    37    (b) (i) Unless authorized to practice speech-language pathology, music
    38  therapists  shall not evaluate, examine, instruct, or counsel on speech,
    39  language, communication, and swallowing disorders and  conditions.  When
    40  providing  educational  or  healthcare services, a music therapist shall
    41  not replace the services provided by an audiologist or a speech-language
    42  pathologist.
    43    (ii) An individual licensed as a professional  music  therapist  shall
    44  not represent to the public that the individual is authorized to treat a
    45  communication  disorder.  This shall not prohibit an individual licensed
    46  as a professional music therapist from representing to the  public  that
    47  the  individual  may work with clients who have a communication disorder
    48  and address communication skills.
    49    (iii) Before providing music therapy services to a client for an iden-
    50  tified clinical or developmental need, the licensee  shall  review  with
    51  the  healthcare provider or providers involved in the client's care, the
    52  client's diagnosis, treatment needs, and treatment plan.
    53    (iv) Before providing music therapy services to a student for an iden-
    54  tified educational need, the licensee shall review with  the  individual
    55  family  support  plan  or  individualized  education  program  team, the
    56  student's diagnosis, treatment needs, and treatment plan.

        A. 5027--A                          7
 
     1    (v) During the provision of music therapy services to  a  client,  the
     2  licensee  shall  collaborate, as applicable, with the client's treatment
     3  team, including  physicians,  psychologists,  licensed  clinical  social
     4  workers, or other mental health professionals.
     5    (vi) During the provision of music therapy services to a client with a
     6  communication  disorder, the licensed professional music therapist shall
     7  collaborate and discuss  the  music  therapy  treatment  plan  with  the
     8  client's audiologist or speech-language pathologist.
     9    §  8459. Mandatory continuing competency. 1. (a) Each licensed profes-
    10  sional music therapist or licensed clinical music therapist shall regis-
    11  ter triennially with the department to practice in the  state  and  must
    12  comply  with  the  provisions  of  the  mandatory  continuing competency
    13  requirements prescribed in this section, except  as  provided  in  para-
    14  graphs  (b)  and  (c)  of this subdivision. Those who do not satisfy the
    15  mandatory continuing competency requirements shall not be authorized  to
    16  practice  until  they  have  met  such  requirements, and they have been
    17  issued a registration certificate, except that  a  person  may  practice
    18  without  having  met  such  requirements if he or she is issued a condi-
    19  tional registration pursuant to subdivision four of this section.
    20    (b) Each licensed professional music therapist  or  licensed  clinical
    21  music therapist shall be exempt from the mandatory continuing competency
    22  requirement  for the triennial registration period during which they are
    23  first  licensed.  Adjustment  to  the  mandatory  continuing  competency
    24  requirements  may  be granted by the department for reasons of health of
    25  the licensee where certified by an appropriate health care professional,
    26  for extended active duty with the armed forces of the United States,  or
    27  for  other  good  cause  acceptable  to the department which may prevent
    28  compliance.
    29    (c) A licensed professional music therapist or licensed clinical music
    30  therapist not engaged in practice,  as  determined  by  the  department,
    31  shall  be  exempt  from  the mandatory continuing competency requirement
    32  upon the filing of  a  statement  with  the  department  declaring  such
    33  status. Any licensee who returns to the practice of music therapy during
    34  the  triennial  registration period shall notify the department prior to
    35  reentering the profession  and  shall  meet  such  mandatory  continuing
    36  competency  requirements  as  shall  be prescribed by regulations of the
    37  commissioner.
    38    2. At the end of each triennial registration period, an applicant  for
    39  re-registration  as  a licensed professional music therapist or licensed
    40  clinical music therapist must provide proof of holding an  active  board
    41  certification  credential in music therapy from a national certification
    42  body having certification standards acceptable to the commissioner.
    43    3. (a) During each triennial  registration  period  an  applicant  for
    44  registration  as  a  licensed  professional  music therapist or licensed
    45  clinical music therapist shall complete a minimum of thirty-six hours of
    46  acceptable learning activities which  contribute  to  continuing  compe-
    47  tence,  as  specified  in subdivision four of this section. A maximum of
    48  twelve hours of the thirty-six hours may be  self-instructional  course-
    49  work  acceptable  to  the  department. At least twenty-four hours of the
    50  thirty-six hours shall be in areas of study pertinent to  the  scope  of
    51  practice  of  music  therapy. With the exception of continuing education
    52  hours taken during the registration  period  immediately  preceding  the
    53  effective  date of this section, continuing education hours taken during
    54  one triennium may not be transferred to a subsequent triennium.
    55    (b) Thereafter, a licensee who has not satisfied the mandatory contin-
    56  uing competency requirements shall not be issued a  triennial  registra-

        A. 5027--A                          8
 
     1  tion  certificate  by  the  department and shall not practice unless and
     2  until a conditional registration certificate is issued as  provided  for
     3  in subdivision four of this section.
     4    4.  The  department, in its discretion, may issue a conditional regis-
     5  tration to a licensee  who  fails  to  meet  the  continuing  competency
     6  requirements  established  in subdivision three of this section, but who
     7  agrees to make up any deficiencies and complete any additional  learning
     8  activities  which  the department may require. The fee for such a condi-
     9  tional registration shall be the same as, and in addition  to,  the  fee
    10  for the triennial registration.  The duration of such conditional regis-
    11  tration  shall  be determined by the department but shall not exceed one
    12  year. Any licensee who is notified of the  denial  of  registration  for
    13  failure  to submit evidence, satisfactory to the department, of required
    14  continuing competency learning activities and who practices without such
    15  registration may be subject  to  disciplinary  proceedings  pursuant  to
    16  section sixty-five hundred ten of this title.
    17    5.  As used in subdivision three of this section, "acceptable learning
    18  activities" shall mean activities which contribute to professional prac-
    19  tice in music therapy, and which meet the standards  prescribed  in  the
    20  regulations of the commissioner. Such learning activities shall include,
    21  but  not  be limited to, collegiate level credit and non-credit courses,
    22  self-study activities, independent study, formal  mentoring  activities,
    23  professional  development  programs and technical sessions, publications
    24  in professional journals and  professional  development  programs;  such
    25  learning  activities  may  be  offered and sponsored by national, state,
    26  regional, and local professional associations and other organizations or
    27  parties acceptable to the department, and  any  other  organized  educa-
    28  tional  and  technical learning activities acceptable to the department.
    29  Providers (other than those indicated below as exempt from the  approval
    30  process)  must submit an application to the state board for music thera-
    31  py. Types of approved providers include:
    32    (a) any higher education institution that  offers  programs  that  are
    33  registered in New York state as leading to licensure in music therapy;
    34    (b)  a  national,  regional,  state,  or  local sponsor or provider of
    35  coursework or training that is approved by the  American  Music  Therapy
    36  Association (AMTA) or the Certification Board for Music Therapists, Inc.
    37  (CBMT);  postsecondary  institutions,  or  a  consortium  of such insti-
    38  tutions, that offer programs that are registered as  leading  to  either
    39  licensure in music therapy or authorization to practice as a music ther-
    40  apist,  or  equivalent  professional education programs accredited by an
    41  acceptable accrediting agency, for credit and non-credit offerings;
    42    (c) an entity, hospital or health  facility  defined  in  section  two
    43  thousand eight hundred one of the public health law;
    44    (d)  or  an  equivalent  organization as determined by the department.
    45  Organizations that fall under the first three paragraphs listed above do
    46  not have to submit a fee or an application for approval as a provider of
    47  continuing education for music therapists. However, they  must  register
    48  with the state board for music therapy by completing an approved provid-
    49  er  registration  form. Educational institutions which provide education
    50  as part of a licensure qualifying program or sponsors who have had their
    51  course approved by the Certification Board for  Music  Therapists,  Inc.
    52  (CBMT)  do  not  need  to submit an application. Courses approved by the
    53  CBMT automatically qualify for approval in New York state.  The  depart-
    54  ment  may,  in  its discretion and as needed to contribute to the health
    55  and welfare of the public, require the completion of  continuing  compe-
    56  tency learning activities in specific subjects to fulfill this mandatory

        A. 5027--A                          9
 
     1  continuing  competency  requirement.  Learning  activities must be taken
     2  from a sponsor approved by the department, pursuant to  the  regulations
     3  of the commissioner.
     4    6.  A licensed professional music therapist or licensed clinical music
     5  therapist shall maintain adequate documentation of completion of accept-
     6  able continuing competency activities and shall provide such  documenta-
     7  tion at the request of the department.  Failure to provide such documen-
     8  tation  upon  request  of  the  department shall be an act of misconduct
     9  subject to the disciplinary proceedings pursuant to  section  sixty-five
    10  hundred ten of this title.
    11    7.  The  mandatory  continuing  competency  fee  shall  be  forty-five
    12  dollars, payable on or before the first day of each triennial  registra-
    13  tion period, and shall be paid in addition to the triennial registration
    14  fee.
    15    §  2.  Subdivision  13  of  section 700 of the county law, as added by
    16  chapter 358 of the laws of 2012, is amended to read as follows:
    17    13. In order to provide services  to  crime  victims,  witnesses,  and
    18  other  persons  involved  in the criminal justice system, and to support
    19  crime prevention programs, the district attorney may employ or  contract
    20  with persons licensed and registered to practice or otherwise authorized
    21  under  article one hundred fifty-three, one hundred fifty-four, [or] one
    22  hundred sixty-three, or one hundred sixty-three-A of the education  law,
    23  or  contract  with entities authorized to provide the services specified
    24  in such articles, in connection with the provision of any services  that
    25  such  persons or entities are authorized to provide and that are author-
    26  ized by the district attorney.
    27    § 3. Subparagraph (i) of paragraph a and paragraph d of subdivision  1
    28  of  section 6503-a of the education law, subparagraph (i) of paragraph a
    29  as amended by chapter 554 of the laws of 2013, and paragraph d as  added
    30  by chapter 130 of the laws of 2010, are amended to read as follows:
    31    (i)  services  provided  under  article  one  hundred  fifty-four, one
    32  hundred sixty-three, one hundred sixty-three-A, or  one  hundred  sixty-
    33  seven of this title for which licensure would be required, or
    34    d.  Such  waiver shall provide that services rendered pursuant to this
    35  section, directly or indirectly, shall be  provided  only  by  a  person
    36  appropriately  licensed to provide such services pursuant to article one
    37  hundred thirty-one, one hundred thirty-nine,  one  hundred  fifty-three,
    38  one  hundred  fifty-four,  [or]  one hundred sixty-three, or one hundred
    39  sixty-three-A of this title, or by  a  person  otherwise  authorized  to
    40  provide  such  services under such articles, or by a professional entity
    41  authorized by law to provide such services.
    42    § 4. Paragraph c of subdivision 2 of section 6503-a of  the  education
    43  law,  as added by chapter 130 of the laws of 2010, is amended to read as
    44  follows:
    45    c. an institution of higher education authorized to provide a  program
    46  leading  to  licensure in a profession defined under article one hundred
    47  thirty-one,  one  hundred  thirty-nine,  one  hundred  fifty-three,  one
    48  hundred  fifty-four  [or] one hundred sixty-three, or one hundred sixty-
    49  three-A of this title, to the extent that the scope of such services  is
    50  limited to the services authorized to be provided within such registered
    51  program; or
    52    § 5. Subdivision 4 of section 7605 of the education law, as amended by
    53  chapter 554 of the laws of 2013, is amended to read as follows:
    54    4.  The  practice,  conduct,  activities,  or  services  by any person
    55  licensed or otherwise authorized to practice  nursing  as  a  registered
    56  professional  nurse  or  nurse practitioner within the state pursuant to

        A. 5027--A                         10

     1  article one hundred thirty-nine of this title or by any person  licensed
     2  or  otherwise authorized to practice social work within the state pursu-
     3  ant to article one hundred fifty-four of this title, or  by  any  person
     4  licensed  or  otherwise authorized to practice mental health counseling,
     5  marriage and family therapy, creative arts  therapy,  or  psychoanalysis
     6  within  the  state  pursuant  to article one hundred sixty-three of this
     7  title, or by any person licensed or  otherwise  authorized  to  practice
     8  music  therapy  within  the state pursuant to article one hundred sixty-
     9  three-A of this title, or any person licensed or otherwise authorized to
    10  practice applied behavior analysis within the state pursuant to  article
    11  one  hundred  sixty-seven of this title or any individual who is creden-
    12  tialed under any  law,  including  attorneys,  rape  crisis  counselors,
    13  certified  alcoholism  counselors, and certified substance abuse counse-
    14  lors from providing  mental  health  services  within  their  respective
    15  established authorities.
    16    § 6. Subdivision 1 of section 7706 of the education law, as amended by
    17  chapter 554 of the laws of 2013, is amended to read as follows:
    18    1.  Apply to the practice, conduct, activities, services or use of any
    19  title by any person licensed or otherwise authorized to  practice  medi-
    20  cine within the state pursuant to article one hundred thirty-one of this
    21  title  or  by  any  person registered to perform services as a physician
    22  assistant within the state pursuant to article one hundred  thirty-one-B
    23  of this title or by any person licensed or otherwise authorized to prac-
    24  tice  psychology  within  this  state  pursuant  to  article one hundred
    25  fifty-three of this title or by any person licensed or otherwise author-
    26  ized to practice nursing as a registered  professional  nurse  or  nurse
    27  practitioner  within  this state pursuant to article one hundred thirty-
    28  nine of this title or by any person licensed or otherwise authorized  to
    29  practice  occupational therapy within this state pursuant to article one
    30  hundred fifty-six of this title or by any person licensed  or  otherwise
    31  authorized  to  practice  mental  health counseling, marriage and family
    32  therapy, creative arts  therapy,  or  psychoanalysis  within  the  state
    33  pursuant  to  article  one  hundred sixty-three of this title, or by any
    34  person licensed or otherwise authorized to practice music therapy within
    35  the state pursuant to article one hundred sixty-three-A of  this  title,
    36  or  by  any  person licensed or otherwise authorized to practice applied
    37  behavior analysis within the  state  pursuant  to  article  one  hundred
    38  sixty-seven  of this title; provided, however, that no physician, physi-
    39  cian  assistant,  registered  professional  nurse,  nurse  practitioner,
    40  psychologist,  occupational therapist, licensed mental health counselor,
    41  licensed marriage and family therapist, licensed  creative  arts  thera-
    42  pist,  licensed  psychoanalyst,  licensed  professional music therapist,
    43  licensed clinical music therapist, licensed behavior analyst  or  certi-
    44  fied  behavior  analyst  assistant may use the titles "licensed clinical
    45  social worker" or "licensed master social worker", unless licensed under
    46  this article.
    47    § 7. Subdivision 1 of section 8410 of the education law, as amended by
    48  chapter 554 of the laws of 2013, is amended to read as follows:
    49    1. Apply to the practice, conduct, activities, services or use of  any
    50  title  by  any person licensed or otherwise authorized to practice medi-
    51  cine within the state pursuant to article one hundred thirty-one of this
    52  title or by any person registered to perform  services  as  a  physician
    53  assistant  within the state pursuant to article one hundred thirty-one-B
    54  of this title or by any person licensed or otherwise authorized to prac-
    55  tice psychology within  this  state  pursuant  to  article  one  hundred
    56  fifty-three of this title or by any person licensed or otherwise author-

        A. 5027--A                         11
 
     1  ized  to  practice social work within this state pursuant to article one
     2  hundred fifty-four of this title, or by any person licensed or otherwise
     3  authorized to practice nursing as a  registered  professional  nurse  or
     4  nurse  practitioner  within  this  state pursuant to article one hundred
     5  thirty-nine of this title or by any person licensed or otherwise author-
     6  ized to practice applied behavior analysis within the state pursuant  to
     7  article  one hundred sixty-seven of this title or by any person licensed
     8  or otherwise authorized to practice  music  therapy  within  this  state
     9  pursuant  to  article one hundred sixty-three-A of this title; provided,
    10  however, that no physician, physician's  assistant,  registered  profes-
    11  sional  nurse,  nurse practitioner, psychologist, licensed master social
    12  worker, licensed clinical social worker, licensed behavior analyst [or],
    13  certified behavior analyst assistant, licensed professional music thera-
    14  pist, or licensed clinical music therapist may use the titles  "licensed
    15  mental  health  counselor",  "licensed  marriage  and family therapist",
    16  "licensed creative arts therapist", or "licensed psychoanalyst",  unless
    17  licensed under this article.
    18    §  8. Subdivision (a) of section 1203 of the limited liability company
    19  law, as amended by chapter 475 of the laws of 2014, is amended  to  read
    20  as follows:
    21    (a)  Notwithstanding  the education law or any other provision of law,
    22  one or more professionals each of whom is authorized by law to render  a
    23  professional  service within the state, or one or more professionals, at
    24  least one of whom is authorized by law to render a professional  service
    25  within  the  state,  may  form,  or  cause  to be formed, a professional
    26  service limited liability company for pecuniary profit under this  arti-
    27  cle for the purpose of rendering the professional service or services as
    28  such professionals are authorized to practice. With respect to a profes-
    29  sional  service  limited  liability  company  formed  to provide medical
    30  services as such services are defined in article 131  of  the  education
    31  law,  each  member  of  such  limited liability company must be licensed
    32  pursuant to article 131 of the education law  to  practice  medicine  in
    33  this  state.  With  respect  to a professional service limited liability
    34  company formed to provide dental services as such services  are  defined
    35  in article 133 of the education law, each member of such limited liabil-
    36  ity  company  must  be licensed pursuant to article 133 of the education
    37  law to practice dentistry in this state. With respect to a  professional
    38  service  limited liability company formed to provide veterinary services
    39  as such services are defined in article 135 of the education  law,  each
    40  member  of  such  limited liability company must be licensed pursuant to
    41  article 135 of the education law to practice veterinary medicine in this
    42  state. With respect to a professional service limited liability  company
    43  formed  to  provide  professional engineering, land surveying, architec-
    44  tural,  landscape  architectural  and/or  geological  services  as  such
    45  services  are defined in article 145, article 147 and article 148 of the
    46  education law, each member of such limited  liability  company  must  be
    47  licensed  pursuant to article 145, article 147 and/or article 148 of the
    48  education law to practice one or more of such professions in this state.
    49  With respect to a professional service limited liability company  formed
    50  to  provide  licensed clinical social work services as such services are
    51  defined in article 154 of the education law, each member of such limited
    52  liability company shall be licensed  pursuant  to  article  154  of  the
    53  education  law  to practice licensed clinical social work in this state.
    54  With respect to a professional service limited liability company  formed
    55  to  provide  creative arts therapy services as such services are defined
    56  in article 163 of the education law, each member of such limited liabil-

        A. 5027--A                         12
 
     1  ity company must be licensed pursuant to article 163  of  the  education
     2  law  to  practice creative arts therapy in this state. With respect to a
     3  professional  service  limited  liability  company  formed  to   provide
     4  marriage  and  family  therapy  services as such services are defined in
     5  article 163 of the education law, each member of such limited  liability
     6  company must be licensed pursuant to article 163 of the education law to
     7  practice  marriage  and  family therapy in this state. With respect to a
     8  professional service limited liability company formed to provide  mental
     9  health  counseling  services as such services are defined in article 163
    10  of the education law, each member of such limited liability company must
    11  be licensed pursuant to article 163 of the  education  law  to  practice
    12  mental  health  counseling in this state. With respect to a professional
    13  service limited  liability  company  formed  to  provide  psychoanalysis
    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 psychoanalysis
    17  in this state.  With respect to a professional service limited liability
    18  company formed to provide music therapy services as such services    are
    19  defined  in  article  163-A  of  the  education law, each member of such
    20  limited liability company must be licensed pursuant to article 163-A  of
    21  the  education law to practice music therapy in this state. With respect
    22  to a professional service limited liability company  formed  to  provide
    23  applied behavior analysis services as such services are defined in arti-
    24  cle  167  of  the  education  law, each member of such limited liability
    25  company must be licensed or certified pursuant to  article  167  of  the
    26  education  law  to practice applied behavior analysis in this state.  In
    27  addition to engaging in such profession or professions,  a  professional
    28  service  limited  liability  company may engage in any other business or
    29  activities as to which a limited liability company may be  formed  under
    30  section  two  hundred  one  of this chapter.   Notwithstanding any other
    31  provision of this section,  a  professional  service  limited  liability
    32  company  (i)  authorized  to  practice  law  may  only engage in another
    33  profession or business or activities or  (ii)  which  is  engaged  in  a
    34  profession  or  other  business  or  activities  other than law may only
    35  engage in the practice of law, to the extent not prohibited by any other
    36  law of this state or any rule adopted by the appropriate appellate divi-
    37  sion of the supreme court or the court of appeals.
    38    § 9. Subdivision (b) of section 1207 of the limited liability  company
    39  law,  as  amended by chapter 475 of the laws of 2014, is amended to read
    40  as follows:
    41    (b) With respect to a professional service limited  liability  company
    42  formed to provide medical services as such services are defined in arti-
    43  cle  131  of  the  education  law, each member of such limited liability
    44  company must be licensed pursuant to article 131 of the education law to
    45  practice medicine in this state. With respect to a professional  service
    46  limited  liability  company  formed  to  provide dental services as such
    47  services are defined in article 133 of the education law, each member of
    48  such limited liability company must be licensed pursuant to article  133
    49  of  the  education law to practice dentistry in this state. With respect
    50  to a professional service limited liability company  formed  to  provide
    51  veterinary  services  as such services are defined in article 135 of the
    52  education law, each member of such limited  liability  company  must  be
    53  licensed pursuant to article 135 of the education law to practice veter-
    54  inary  medicine  in  this  state. With respect to a professional service
    55  limited liability company formed to  provide  professional  engineering,
    56  land surveying, architectural, landscape architectural and/or geological

        A. 5027--A                         13
 
     1  services  as  such  services are defined in article 145, article 147 and
     2  article 148 of the education law, each member of such limited  liability
     3  company  must  be  licensed  pursuant to article 145, article 147 and/or
     4  article  148  of  the  education  law  to  practice  one or more of such
     5  professions in this state. With respect to a professional service limit-
     6  ed liability company formed to provide  licensed  clinical  social  work
     7  services  as  such  services are defined in article 154 of the education
     8  law, each member of such limited liability  company  shall  be  licensed
     9  pursuant  to article 154 of the education law to practice licensed clin-
    10  ical social work in this state. With respect to a  professional  service
    11  limited  liability  company  formed  to  provide  creative  arts therapy
    12  services as such services are defined in article 163  of  the  education
    13  law,  each  member  of  such  limited liability company must be licensed
    14  pursuant to article 163 of the education law to practice  creative  arts
    15  therapy  in  this  state. With respect to a professional service limited
    16  liability company formed to provide marriage and family therapy services
    17  as such services are defined in article 163 of the education  law,  each
    18  member  of  such  limited liability company must be licensed pursuant to
    19  article 163 of the education law to practice marriage and family therapy
    20  in this state. With respect to a professional service limited  liability
    21  company  formed  to  provide  mental  health counseling services as such
    22  services are defined in article 163 of the education law, each member of
    23  such limited liability company must be licensed pursuant to article  163
    24  of the education law to practice mental health counseling in this state.
    25  With  respect to a professional service limited liability company formed
    26  to provide psychoanalysis services as such services are defined in arti-
    27  cle 163 of the education law, each  member  of  such  limited  liability
    28  company must be licensed pursuant to article 163 of the education law to
    29  practice  psychoanalysis  in this state.  With respect to a professional
    30  service limited  liability  company  formed  to  provide  music  therapy
    31  services  as such services are defined in article 163-A of the education
    32  law, each member of such limited  liability  company  must  be  licensed
    33  pursuant to article 163-A of the education law to practice music therapy
    34  in  this state. With respect to a professional service limited liability
    35  company formed to provide applied behavior  analysis  services  as  such
    36  services are defined in article 167 of the education law, each member of
    37  such limited liability company must be licensed or certified pursuant to
    38  article  167  of the education law to practice applied behavior analysis
    39  in this state.
    40    § 10. Subdivision (a) of section 1301 of the limited liability company
    41  law, as amended by chapter 475 of the laws of 2014, is amended  to  read
    42  as follows:
    43    (a)  "Foreign  professional service limited liability company" means a
    44  professional service limited liability company, whether or  not  denomi-
    45  nated  as  such,  organized  under the laws of a jurisdiction other than
    46  this state, (i) each of whose members and managers, if any, is a profes-
    47  sional authorized by law to render a professional  service  within  this
    48  state  and who is or has been engaged in the practice of such profession
    49  in such professional service limited liability company or a  predecessor
    50  entity, or will engage in the practice of such profession in the profes-
    51  sional  service limited liability company within thirty days of the date
    52  such professional becomes a member, or each of whose members and  manag-
    53  ers,  if  any, is a professional at least one of such members is author-
    54  ized by law to render a professional service within this state  and  who
    55  is  or  has  been  engaged  in  the  practice of such profession in such
    56  professional service limited liability company or a predecessor  entity,

        A. 5027--A                         14
 
     1  or  will  engage  in the practice of such profession in the professional
     2  service limited liability company within thirty days of  the  date  such
     3  professional  becomes  a  member,  or  (ii)  authorized by, or holding a
     4  license,  certificate,  registration  or  permit issued by the licensing
     5  authority pursuant to,  the  education  law  to  render  a  professional
     6  service within this state; except that all members and managers, if any,
     7  of  a  foreign  professional  service  limited  liability  company  that
     8  provides health services in this state shall be licensed in this  state.
     9  With respect to a foreign professional service limited liability company
    10  which provides veterinary services as such services are defined in arti-
    11  cle  135  of the education law, each member of such foreign professional
    12  service limited liability company shall be licensed pursuant to  article
    13  135  of  the education law to practice veterinary medicine. With respect
    14  to a  foreign  professional  service  limited  liability  company  which
    15  provides medical services as such services are defined in article 131 of
    16  the  education  law,  each  member  of such foreign professional service
    17  limited liability company must be licensed pursuant to  article  131  of
    18  the education law to practice medicine in this state.  With respect to a
    19  foreign  professional  service  limited liability company which provides
    20  dental services as such services are  defined  in  article  133  of  the
    21  education  law, each member of such foreign professional service limited
    22  liability company must be licensed pursuant to article 133 of the educa-
    23  tion law to practice dentistry in this state. With respect to a  foreign
    24  professional  service  limited  liability company which provides profes-
    25  sional engineering, land surveying, geologic, architectural and/or land-
    26  scape architectural services as such services  are  defined  in  article
    27  145,  article  147  and article 148 of the education law, each member of
    28  such foreign professional service  limited  liability  company  must  be
    29  licensed  pursuant to article 145, article 147 and/or article 148 of the
    30  education law to practice one or more of such professions in this state.
    31  With respect to a foreign professional service limited liability company
    32  which provides licensed clinical social work services as  such  services
    33  are  defined  in  article  154 of the education law, each member of such
    34  foreign professional service limited liability company shall be licensed
    35  pursuant to article 154 of the education law to practice clinical social
    36  work in this state. With  respect  to  a  foreign  professional  service
    37  limited  liability company which provides creative arts therapy services
    38  as such services are defined in article 163 of the education  law,  each
    39  member  of  such  foreign professional service limited liability company
    40  must be licensed pursuant to article 163 of the education law  to  prac-
    41  tice  creative  arts  therapy  in  this state. With respect to a foreign
    42  professional service limited liability company which  provides  marriage
    43  and  family therapy services as such services are defined in article 163
    44  of the education law, each member of such foreign  professional  service
    45  limited  liability  company  must be licensed pursuant to article 163 of
    46  the education law to practice marriage and family therapy in this state.
    47  With respect to a foreign professional service limited liability company
    48  which provides mental health counseling services as  such  services  are
    49  defined in article 163 of the education law, each member of such foreign
    50  professional service limited liability company must be licensed pursuant
    51  to article 163 of the education law to practice mental health counseling
    52  in  this  state.  With respect to a foreign professional service limited
    53  liability  company  which  provides  psychoanalysis  services  as   such
    54  services are defined in article 163 of the education law, each member of
    55  such  foreign  professional  service  limited  liability company must be
    56  licensed pursuant to article  163  of  the  education  law  to  practice

        A. 5027--A                         15
 
     1  psychoanalysis  in  this state.   With respect to a foreign professional
     2  service limited liability company which provides music therapy  services
     3  as such services are defined in article 163-A of the education law, each
     4  member  of  such  foreign professional service limited liability company
     5  must be licensed pursuant to article 163-A of the education law to prac-
     6  tice music therapy in this state. With respect to a foreign professional
     7  service limited liability company which provides applied behavior analy-
     8  sis services as such services are defined in article 167 of  the  educa-
     9  tion  law,  each  member  of  such  foreign professional service limited
    10  liability company must be licensed or certified pursuant to article  167
    11  of  the  education  law  to  practice  applied behavior analysis in this
    12  state.
    13    § 11. Subdivision (q) of section 121-1500 of the partnership  law,  as
    14  amended  by  chapter  475  of  the  laws  of 2014, is amended to read as
    15  follows:
    16    (q) Each partner of a registered limited liability partnership  formed
    17  to  provide  medical services in this state must be licensed pursuant to
    18  article 131 of the education law to practice medicine in this state  and
    19  each  partner  of  a  registered limited liability partnership formed to
    20  provide dental services in this state must be licensed pursuant to arti-
    21  cle 133 of the education law to practice dentistry in this state.   Each
    22  partner  of a registered limited liability partnership formed to provide
    23  veterinary services in this state must be licensed pursuant  to  article
    24  135  of the education law to practice veterinary medicine in this state.
    25  Each partner of a registered limited  liability  partnership  formed  to
    26  provide  professional  engineering, land surveying, geological services,
    27  architectural and/or landscape architectural services in this state must
    28  be licensed pursuant to article 145, article 147 and/or article  148  of
    29  the  education  law  to practice one or more of such professions in this
    30  state. Each partner of a registered limited liability partnership formed
    31  to provide licensed clinical social work services in this state must  be
    32  licensed  pursuant to article 154 of the education law to practice clin-
    33  ical social work in this state. Each partner  of  a  registered  limited
    34  liability  partnership  formed to provide creative arts therapy services
    35  in this state must be licensed pursuant to article 163 of the  education
    36  law  to  practice creative arts therapy in this state. Each partner of a
    37  registered limited liability partnership formed to provide marriage  and
    38  family therapy services in this state must be licensed pursuant to arti-
    39  cle  163 of the education law to practice marriage and family therapy in
    40  this state. Each partner of a registered limited  liability  partnership
    41  formed  to  provide mental health counseling services in this state must
    42  be licensed pursuant to article 163 of the  education  law  to  practice
    43  mental  health  counseling  in  this state. Each partner of a registered
    44  limited liability partnership formed to provide psychoanalysis  services
    45  in  this state must be licensed pursuant to article 163 of the education
    46  law to practice psychoanalysis in this state. Each partner of  a  regis-
    47  tered  limited  liability  partnership  formed  to provide music therapy
    48  services in this state must be licensed pursuant to article 163-A of the
    49  education law to practice music therapy in this state. Each partner of a
    50  registered limited  liability  partnership  formed  to  provide  applied
    51  behavior  analysis  service  in this state must be licensed or certified
    52  pursuant to article 167 of the education law to practice applied  behav-
    53  ior analysis in this state.
    54    §  12.  Subdivision (q) of section 121-1502 of the partnership law, as
    55  amended by chapter 475 of the laws  of  2014,  is  amended  to  read  as
    56  follows:

        A. 5027--A                         16
 
     1    (q)  Each  partner  of  a  foreign limited liability partnership which
     2  provides medical services in this state must  be  licensed  pursuant  to
     3  article  131  of the education law to practice medicine in the state and
     4  each partner of a foreign limited liability partnership  which  provides
     5  dental services in the state must be licensed pursuant to article 133 of
     6  the education law to practice dentistry in this state. Each partner of a
     7  foreign  limited liability partnership which provides veterinary service
     8  in the state shall be licensed pursuant to article 135 of the  education
     9  law  to  practice  veterinary  medicine in this state. Each partner of a
    10  foreign limited liability partnership which provides professional  engi-
    11  neering, land surveying, geological services, architectural and/or land-
    12  scape  architectural services in this state must be licensed pursuant to
    13  article 145, article 147 and/or article 148  of  the  education  law  to
    14  practice  one  or  more  of  such professions. Each partner of a foreign
    15  limited liability partnership which provides  licensed  clinical  social
    16  work  services in this state must be licensed pursuant to article 154 of
    17  the education law to practice licensed  clinical  social  work  in  this
    18  state.  Each  partner  of  a foreign limited liability partnership which
    19  provides creative arts therapy services in this state must  be  licensed
    20  pursuant  to  article 163 of the education law to practice creative arts
    21  therapy in this state. Each partner of a foreign limited liability part-
    22  nership which provides marriage and  family  therapy  services  in  this
    23  state  must  be licensed pursuant to article 163 of the education law to
    24  practice marriage and family therapy in this state. Each  partner  of  a
    25  foreign limited liability partnership which provides mental health coun-
    26  seling  services  in this state must be licensed pursuant to article 163
    27  of the education law to practice mental health counseling in this state.
    28  Each partner of a foreign limited liability partnership  which  provides
    29  psychoanalysis services in this state must be licensed pursuant to arti-
    30  cle  163  of the education law to practice psychoanalysis in this state.
    31  Each partner of a registered limited  liability  partnership  formed  to
    32  provide  music  therapy services in this state must be licensed pursuant
    33  to article 163-A of the education law to practice music therapy in  this
    34  state.  Each  partner  of  a foreign limited liability partnership which
    35  provides applied behavior  analysis  services  in  this  state  must  be
    36  licensed  or  certified  pursuant to article 167 of the education law to
    37  practice applied behavior analysis in this state.
    38    § 13. This act shall take effect twenty-four  months  after  it  shall
    39  have  become a law. Effective immediately the addition, amendment and/or
    40  repeal of any rule or regulation necessary  for  the  implementation  of
    41  this  act  on its effective date are authorized to be made and completed
    42  on or before such date.
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