S04917 Summary:

BILL NOS04917A
 
SAME ASSAME AS A10128
 
SPONSORLAVALLE
 
COSPNSRBOYLE, LARKIN, RITCHIE, SEWARD, VALESKY
 
MLTSPNSR
 
Add Art 138 §§6850 - 6862, Ed L; amd §§1203, 1207 & 1301, Lim Lil L; amd §§121-1500 & 121-1502, Partn L; amd §413, Soc Serv L; amd §§571 & 585, Pub Health L
 
Regulates the practice of naturopathic medicine; establishes a state board for naturopathic medicine; establishes requirements to receive a limited permit in naturopathic medicine; establishes mandatory continuing education for the practice of naturopathic medicine; requires licensed naturopathic doctors to report suspected child abuse.
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S04917 Actions:

BILL NOS04917A
 
04/23/2015REFERRED TO HIGHER EDUCATION
01/06/2016REFERRED TO HIGHER EDUCATION
06/01/2016AMEND (T) AND RECOMMIT TO HIGHER EDUCATION
06/01/2016PRINT NUMBER 4917A
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S04917 Committee Votes:

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S04917 Floor Votes:

There are no votes for this bill in this legislative session.
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S04917 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         4917--A
 
                               2015-2016 Regular Sessions
 
                    IN SENATE
 
                                     April 23, 2015
                                       ___________
 
        Introduced  by  Sens.  LAVALLE, LARKIN, RITCHIE, SEWARD, VALESKY -- read
          twice and ordered printed, and when printed to  be  committed  to  the
          Committee on Higher Education -- recommitted to the Committee on High-
          er  Education  in  accordance  with Senate Rule 6, sec. 8 -- committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee
 
        AN ACT to amend the education law, the limited  liability  company  law,
          the  partnership  law  and  the  public health law, in relation to the
          practice of naturopathy; to amend the social services law, in relation
          to the reporting of child abuse;  and  providing  for  the  repeal  of
          certain provisions upon expiration thereof
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Legislative intent.  1. The legislature recognizes that  in
     2  spite  of  advances  in science and technology that have resulted in the
     3  American healthcare system excelling at  triage  and  in  responding  to
     4  acute  emergent  conditions, there is an epidemic of chronic disease and
     5  an unacceptable degree of iatrogenic disease in America. The legislature
     6  recognizes that the economics of healthcare and the pursuit of scientif-
     7  ic advancement have led to an occupational preference  among  physicians
     8  for  specialization, resulting in a shortage of primary care physicians.
     9  The legislature finds that licensure of the profession  of  naturopathic
    10  medicine  favorably addresses such problems, and agrees with U.S. Senate
    11  Resolution 221 of  the  113th  Congress  in  finding  that  naturopathic
    12  doctors  are  skilled  in  preventing and treating chronic disease; that
    13  naturopathic medicine is a safe,  effective,  and  affordable  means  of
    14  health  care;  and  that licensure of naturopathic doctors helps address
    15  the shortage of primary care physicians in the United States, while also
    16  providing people with more choice in health care.
    17    2. The legislature recognizes  that  naturopathic  medicine,  although
    18  encompassing  primary and secondary care services, including many of the
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05295-05-6

        S. 4917--A                          2
 
     1  same diagnostic tools and assessment techniques as the  medical  profes-
     2  sion,  and  having  certain  Hippocratic  principles  in common with the
     3  medical profession, is not part of the profession of medicine as contem-
     4  plated by article 131 of the education law, and intends that naturopath-
     5  ic medicine be a distinct profession with its own state board.
     6    3.  The legislature recognizes that naturopathic medicine is a modern,
     7  evolved form of naturopathy that is practiced by  naturopathic  doctors;
     8  that  the early form, today sometimes called traditional naturopathy, is
     9  characterized by its vitalistic philosophy, and  by  its  foundation  of
    10  hygiene  and  nature  cure (i.e., the use of natural agents such as air,
    11  light, water, food, and herbs to stimulate the body's own natural  heal-
    12  ing  powers);  and  that  such early form is practiced in some states by
    13  traditional naturopaths without licensure, by lay persons in  their  own
    14  self  care, and to some extent in health spas. This bill is not intended
    15  to change the legality or illegality  of  activities  relating  to  such
    16  hygiene and nature cure; nor to limit the scope of naturopathic medicine
    17  to such traditional naturopathy.
    18    4.  The  legislature  recognizes  that  the  naturopathic doctor has a
    19  primary mission of facilitating optimum health and wellness for patients
    20  of any age; relies on the scientific method in implementing  vitalistic,
    21  functional,  and  evidence-based  strategies  for assessing and treating
    22  patients; and works with patients of good or ill health having acute and
    23  chronic conditions, including serious medical conditions.
    24    5. The legislature intends that the authorized activities  within  the
    25  scope  of  practice of a naturopathic doctor are those activities within
    26  the meanings of naturopathic assessment, common office procedures, phys-
    27  ical naturopathy,  approved  substances,  approved  routes  of  adminis-
    28  tration,  and noninvasive naturopathic therapies, as per sections sixty-
    29  eight hundred fifty and sixty-eight hundred fifty-one of article 138  of
    30  the  education  law  as  proposed  in this act. For naturopathic doctors
    31  having the injection therapy privilege the authorized activities further
    32  include injection therapy, as per section sixty-eight hundred fifty-four
    33  of article 138 of the education law, as proposed in this act. The  scope
    34  of  such  practice activities however are limited by section sixty-eight
    35  hundred fifty-five of article 138 of the education law, as  proposed  in
    36  this  act,  which  provides  boundaries  of professional competence. The
    37  legislature provides a list of broad clinical objectives included within
    38  the meaning of "facilitating optimum health and wellness," as defined in
    39  section sixty-eight hundred fifty-one of article 138  of  the  education
    40  law  as proposed in this act, which list, while relevant to professional
    41  conduct, is not intended to expand upon the authorized  activities.  The
    42  legislature intends that invasive procedures other than diagnostic imag-
    43  ing  be  impermissible,  and that the definitions of the terms "invasive
    44  procedures" and "noninvasive" be construed independent of each other.
    45    6. The legislature intends that the education qualification for  natu-
    46  ropathic  medicine  emphasizes the basic sciences and clinical sciences,
    47  such as has been established by  the  Council  on  Naturopathic  Medical
    48  Education  (CNME) and the Association of Accredited Naturopathic Medical
    49  Colleges (AANMC), and so distinguish over traditional naturopathy.
    50    7. The legislature intends that the education qualification for  natu-
    51  ropathic  medicine  insofar  as  including a substantial equivalent of a
    52  program of naturopathic medicine registered with the department  require
    53  that  such substantial equivalent, among other factors determined by the
    54  department, also require that the substantial equivalent  emphasize  the
    55  naturopathic  principles and the therapeutic order in clinical training,
    56  such as in programs accredited by the Council  on  Naturopathic  Medical

        S. 4917--A                          3
 
     1  Education  (CNME) or in the naturopathic medical programs offered by the
     2  Association of Accredited Naturopathic Medical Colleges (AANMC), and  so
     3  distinguish over a doctoral degree in medicine or osteopathy.
     4    8.  The legislature intends that the professional conduct of the natu-
     5  ropathic doctor be informed by the naturopathic principles and the ther-
     6  apeutic order, and so distinguish  over  professional  conduct  for  the
     7  practice of the profession of medicine.
     8    9.  The  legislature  recognizes  that in the practice of naturopathic
     9  medicine the healing power of nature principle is  viewed  as  being  an
    10  inherent  property  in  a  living  organism  to  heal  itself, and is an
    11  acknowledgment that synergy results from the coordination  of  the  many
    12  chemical  and physical reactions of the living system through varied and
    13  circuitous feedback pathways making the whole function as more than  the
    14  sum  of its parts.  The number of reactions and the resulting complexity
    15  and synergy is viewed in the  profession  of  naturopathic  medicine  as
    16  being  why  treatment  of  a  given  physiological process may result in
    17  unforeseen nonlocal consequences, including iatrogenic disease;  and  is
    18  why  naturopathic  doctors  investigate and treat the patient as a whole
    19  living system, find and remove the cause, and prefer less invasive ther-
    20  apies and substances with fewer side effects. It also is why the naturo-
    21  pathic doctor prefers  to  intervene  early  to  prevent  occurrence  of
    22  disease.
    23    10.  The legislature intends that licensed naturopathic doctors, while
    24  being permitted  to  practice  in  solo  and  among  other  naturopathic
    25  doctors,  also be permitted to practice naturopathic medicine in many of
    26  the current patient care venue types  in  the  healthcare  system;  that
    27  there  be  referral  among  naturopathic  doctors, physicians, and other
    28  health care providers as based on the interests of the patient; and that
    29  integrative care settings and the advancement of public health and safe-
    30  ty be realized through collaboration among naturopathic doctors,  physi-
    31  cians, and other health care providers.
    32    11.  Naturopathic  doctors  add  to the health care system by bringing
    33  their naturopathic approach to  patient  care;  and  by  bringing  their
    34  expertise  on  the  determinants  of  health, diet and nutrient therapy,
    35  phytotherapy,  therapeutic  use  of  physical  agents,   and   drug/herb
    36  drug/nutrient  interactions.  Therefore,  to  improve the public health,
    37  safety and welfare of its citizens, the legislature finds it is  desira-
    38  ble  to  regulate  the  profession of naturopathic medicine, and intends
    39  that admission to practice and regulation of  such  practice,  including
    40  professional  conduct,  shall  be supervised by the board of regents and
    41  administered by the state education  department,  assisted  by  a  state
    42  board of naturopathic medicine.
    43    §  2. The education law is amended by adding a new article 138 to read
    44  as follows:
    45                                 ARTICLE 138
    46                            NATUROPATHIC MEDICINE
    47  Section 6850. Introduction.
    48          6851. Definitions.
    49          6852. Definition of the practice of naturopathic medicine.
    50          6853. Title and designation.
    51          6854. Injection therapy and injection therapy privilege.
    52          6855. Boundaries of professional competence.
    53          6856. State board for naturopathic medicine.
    54          6857. Qualifications for licensure.
    55          6858. Special conditions.
    56          6859. Exempt persons and exemptions.

        S. 4917--A                          4
 
     1          6860. Limited residency permits.
     2          6861. Limited permits.
     3          6862. Mandatory continuing education.
     4    §  6850. Introduction. This article applies to the licensure and regu-
     5  lation of naturopathic doctors to practice naturopathic medicine in this
     6  state.  The general provisions for all professions contained in  article
     7  one hundred thirty, as added by chapter nine hundred eighty-seven of the
     8  laws  of nineteen hundred seventy-one, of this title apply to this arti-
     9  cle.
    10    § 6851. Definitions. For the purposes of this article:
    11    1. "Approved CLIA waived  tests"  mean  laboratory  tests  categorized
    12  under  the federal clinical laboratory improvement act (CLIA) of 1988 as
    13  being waived tests, and which are identified by the department upon  the
    14  recommendation  of  the  board,  and updated as needed or upon triennial
    15  review, as being appropriate in the practice of naturopathic medicine.
    16    2. "Approved routes of administration" means oral, sublingual,  nasal,
    17  auricular,  ocular,  rectal,  vaginal, and transdermal. For naturopathic
    18  doctors having injection therapy  privilege  under  section  sixty-eight
    19  hundred  fifty-four of this article, "approved routes of administration"
    20  further include injection routes,  namely,  intravenous,  intramuscular,
    21  subcutaneous, and intradermal.
    22    3.  "Approved  substances"  means  over-the-counter  substances;  food
    23  concentrates, food extracts, and other  dietary  ingredients;  vitamins,
    24  minerals, and other dietary supplements; botanical and homeopathic prep-
    25  arations; and a limited formulary of legend drugs. The limited formulary
    26  of legend drugs includes thyroid hormones, estrogen hormones, progester-
    27  one  hormone,  DHEA,  and  homeopathic preparations of homeopathic drugs
    28  listed in the official homeopathic pharmacopoeia of the  United  States.
    29  For  naturopathic  doctors  having  injection  therapy  privilege  under
    30  section sixty-eight hundred fifty-four  of  this  article,  the  limited
    31  formulary  further  includes  immunizations  and injectable forms of the
    32  approved substances. Legend drugs in the limited formulary may be admin-
    33  istered and prescribed, and the other approved substances and homeopath-
    34  ic preparations may be administered, prescribed, and dispensed.
    35    4. "Board" means the state board for naturopathic medicine.
    36    5. "Common office procedures" means administering approved CLIA waived
    37  tests;  administering  ultrasonographic   and   thermographic   imaging;
    38  prescribing,  installing,  removing, and adjusting barrier contraceptive
    39  devices; procedures for treating superficial lacerations  and  abrasions
    40  and  for the removal of foreign bodies located in superficial structures
    41  not to include the eye, excluding by incision and suturing;  administer-
    42  ing  cryotherapy,  ligation,  and  fulguration;  administering  approved
    43  substances via approved routes of administration; procedures for obtain-
    44  ing samples of bodily fluids, bodily excretions, bodily secretions,  and
    45  bodily  tissues; and other procedures for assessment or therapy that are
    46  noninvasive. Common office procedures for obtaining samples are  limited
    47  to:  venipuncture  and  phlebotomy,  PAP  smear,  scraping, and for hair
    48  cutting.
    49    6. "Controlled substance" means controlled substances  as  defined  in
    50  the federal controlled substances act.
    51    7.  "Diagnostic imaging" means radiography, tomography, magnetic reso-
    52  nance imaging, ultrasonography, and thermography, and  excludes  nuclear
    53  medicine,  fluoroscopy,  and  radiological  procedures  for  treating  a
    54  medical condition.
    55    8. "Dietary ingredient" means a dietary ingredient as defined  in  the
    56  Federal Dietary Supplement Health and Education Act of 1994 (DSHEA).

        S. 4917--A                          5
 
     1    9.  "Dietary  supplement" means a dietary supplement as defined in the
     2  Federal Dietary Supplement Health and Education Act of 1994 (DSHEA).
     3    10.  "Drug"  means  a  drug  as defined in the Federal Food, Drug, and
     4  Cosmetic Act, 21 USC 321.
     5    11. "Facilitating optimum health and wellness" means facilitating  the
     6  establishment  and maintenance of a healthy patient lifestyle and nutri-
     7  tional foundation; educating the patient about  their  circumstances  of
     8  health  and  illness  and steps for establishing and maintaining optimum
     9  health and wellness; facilitating and augmenting self-healing processes;
    10  supporting  and  modulating  physiological  processes;  supporting   and
    11  correcting  integrity of anatomical structures; identifying and removing
    12  underlying causes of illness; and identifying,  preventing,  mitigating,
    13  monitoring, and treating illness.
    14    12.  "Food"  means  food  as  defined  in  the Federal Food, Drug, and
    15  Cosmetic Act, 21 USC 321.
    16    13. "Illness" means pain, injury,  deformity,  syndrome,  disease,  or
    17  other unhealthy condition.
    18    14.  "Invasive  procedure"  means any medical procedure in which bone,
    19  viscera, the eyeball, the inner ear, the  dorsal  body  cavity,  or  the
    20  ventral  body  cavity  is penetrated by a physical device or by ionizing
    21  radiation above background levels.
    22    15. "Injection therapy" means the injection of approved substances.
    23    16. "Injection therapy privilege" means the scope of  practice  privi-
    24  lege  to  practice  injection  therapy,  in  accordance with regulations
    25  promulgated by the commissioner.
    26    17. "Legend drug" means a drug for which a  prescription  is  required
    27  under the Federal Food, Drug and Cosmetic Act.
    28    18.  "Naturopathic assessment" means the identification and evaluation
    29  of a patient's circumstances of health and illness by investigating  the
    30  patient's  health,  history,  life style, and determinants of health; by
    31  comprehensive physical examination;  by  common  office  procedures  for
    32  assessment; by ordering and prescribing laboratory tests and procedures,
    33  including  submitting  specimens  for  testing to laboratories that hold
    34  permits or licenses pursuant to under title V of  article  five  of  the
    35  public  health  law; by ordering and prescribing diagnostic imaging; and
    36  by other assessment techniques that  are  noninvasive.    Specimens  for
    37  testing  may  be  obtained  by  common office procedures as described in
    38  subdivision five of this section or by  patient  submission  (e.g.,  for
    39  stool, urine, hair, saliva).
    40    19.  "Naturopathic  principles"  means the following principles, which
    41  are weighed by the naturopathic doctor to  influence  the  selection  of
    42  naturopathic assessment activities, common office procedures, and treat-
    43  ments administered, ordered or referred:
    44    a.  "the healing power of nature," which means the inherent ability of
    45  a living organism for self-healing;
    46    b. "identify and treat the causes," which means  identify  and  remove
    47  the  underlying  causes  of  illness  so that self-healing processes may
    48  function effectively;
    49    c. "first do no harm," which means apply the  least  force  or  inter-
    50  vention  to  identify  illness and restore health, such as referenced in
    51  the therapeutic order; and whenever possible, avoid symptom  suppression
    52  that interferes with the dynamics of self-healing;
    53    d.  "doctor  as teacher," which means educate patients as to steps for
    54  achieving and maintaining health, and encourage self-responsibility  for
    55  health;

        S. 4917--A                          6
 
     1    e.  "treat the whole person," which means assess and treat the patient
     2  as an integrated whole having many physical, mental, emotional, spiritu-
     3  al, and social aspects; and
     4    f.  "prevention,"  which  means  assess  life  style,  determinants of
     5  health, and genetic and environmental susceptibility to illness;  recom-
     6  mend  appropriate  interventions  to reduce risks of disease occurrence;
     7  and facilitate the establishment and maintenance  of  positive  emotion,
     8  thought and action.
     9    20.  "Noninvasive" means no break is created in the skin or mucosa, no
    10  infiltration of the skin or mucosa is made by ionizing  radiation  above
    11  background  levels,  no endoscopy is performed between the esophagus and
    12  colon, inclusive, and no radiography, tomography, or magnetic  resonance
    13  imaging is administered.
    14    21.  "Noninvasive  naturopathic  therapies"  means  diet and lifestyle
    15  counseling, patient education as to circumstances of health and illness,
    16  wellness counseling, biofeedback, hypnotherapy, and touch and/or tapping
    17  therapies with and without a verbal communication component. Noninvasive
    18  naturopathic therapies exclude the practice of marital and family thera-
    19  py, psychoanalysis, and creative arts therapy on a  continued  sustained
    20  basis,  and  is  further limited in application by a boundary of profes-
    21  sional  competence  restricting  psychotherapeutic   intervention   with
    22  patients  having  symptomatic,  intellectually,  socially or emotionally
    23  maladaptive behavior sufficient to be a  mental,  emotional,  cognitive,
    24  addictive or behavioral disorder as per DSM criteria or per diagnosis by
    25  a  qualified  healthcare  provider,  as  provided in section sixty-eight
    26  hundred fifty-five of this article.
    27    22. "Optimum health" means  a  person's  desired,  maintainable,  best
    28  degree  of  health,  given  the  person's  circumstances  of  health and
    29  illness, the therapeutic goals, and the person's degree of  self-respon-
    30  sibility for healing.
    31    23.  "Over  the  counter  substances"  means substances that have been
    32  approved or cleared by the food and drug administration  of  the  United
    33  States  department of health and human services for sale or distribution
    34  to  the  public  on  a  direct  or  over-the-counter  basis  without   a
    35  prescription from a qualified health care practitioner.
    36    24. "Physical naturopathy" means manual therapy, therapeutic exercise,
    37  hydrotherapy,  colonic  therapy,  sauna,  microwave diathermy, shortwave
    38  diathermy, ultrasonic diathermy, muscle stimulation, biofeedback, infra-
    39  red light therapy, ultraviolet light  therapy,  visible  light  therapy,
    40  iontophoresis,  and the therapeutic use of physical medicine therapeutic
    41  devices that are exempt or are class i or class  ii  devices  identified
    42  under  the  Code of Federal Regulations, Title 21, Chapter I, Subchapter
    43  H, Part 890, Subpart f.
    44    25. "Radiological procedures" means radiological procedures as defined
    45  in article eighty-seven hundred one of this title.
    46    26. "Superficial" means the dermal and subcutaneous layers of the body
    47  exterior, the mucosal layer of the body  orifices,  and  the  underlying
    48  fascia and adipose.
    49    27.  "Surgery" means a medical procedure for structurally altering the
    50  human body by cutting into live human tissue for the purpose  of  local-
    51  ized  alteration,  transportation,  or  destruction of live human tissue
    52  using ionizing radiation or an instrument, such as a laser, scalpel,  or
    53  probe;  and  does  not  include  punctures,  injections,  dry  needling,
    54  acupuncture, or removal of dead tissue.
    55    28. "Therapeutic order" means  the  hierarchy  of  therapeutic  inter-
    56  vention,  as  follows,  ordered according to degree of intervention, and

        S. 4917--A                          7

     1  used by determining the lowest degree  of  intervention  for  which  the
     2  specific  patient's  circumstances  of  health and illness can be effec-
     3  tively addressed to restore and facilitate optimum health, wherein ther-
     4  apeutic  intervention  outside the boundaries of professional competence
     5  is intended to be referred:
     6    a. establish the conditions for  health  (e.g.,  identify  and  remove
     7  disturbing factors; institute a more healthful regimen);
     8    b. stimulate the self-healing processes;
     9    c. address weakened or damaged systems or organs (e.g., strengthen the
    10  immune system; decrease toxicity; normalize inflammatory function; opti-
    11  mize  metabolic  function;  balance regulatory systems; enhance regener-
    12  ation; cultivate sensory and mindful awareness  of  the  integration  of
    13  psyche and soma);
    14    d. correct structural integrity;
    15    e. address pathology using specific natural substances, modalities, or
    16  interventions;
    17    f.   address  pathology  using  specific  pharmacologic  or  synthetic
    18  substances; and
    19    g. suppress or surgically remove pathology.
    20    29. "Vertebral adjustment" means a high velocity, low amplitude thrust
    21  applied to a vertebra at the end of its range of motion utilizing  parts
    22  of  the  vertebra  and  contiguous structures as levers to directionally
    23  correct articulate malposition,  and  excludes  motion  that  moves  the
    24  vertebra to the end of its range of motion.
    25    30.  "Wellness"  means  a  state  of being able to prevent illness and
    26  prolong life.
    27    31. "Wellness counseling" means patient doctor dialogue for facilitat-
    28  ing positive emotion, thought, and action provided within  a  multimodal
    29  holistic  framework  of  therapy informed by the naturopathic principles
    30  and the therapeutic order.
    31    § 6852. Definition of the practice  of  naturopathic  medicine.    The
    32  practice  of  naturopathic  medicine  is defined as facilitating optimum
    33  health and wellness for patients of any age using  naturopathic  assess-
    34  ment,   common   office   procedures,   physical  naturopathy,  approved
    35  substances, and noninvasive naturopathic therapies in a holistic  frame-
    36  work informed by naturopathic principles and a therapeutic order.
    37    § 6853. Title and designation. Only a person licensed under this arti-
    38  cle  may  use  the title "naturopathic doctor", "licensed naturopath" or
    39  "professional naturopath" and hold herself or himself out as  practicing
    40  naturopathic  medicine;  provided, however, that none of such titles nor
    41  any combination of such titles shall be used to convey the idea that the
    42  individual who uses such title practices anything other than naturopathy
    43  and naturopathic medicine. A licensed naturopathic doctor  may  not  use
    44  the  title  "physician"  unless otherwise authorized under title VIII of
    45  the education law.
    46    § 6854. Injection therapy and injection therapy  privilege.  1.    For
    47  issuance of injection therapy privilege, the applicant shall fulfill the
    48  following requirements:
    49    a. file an application with the department;
    50    b.  be  licensed  as  a  naturopathic doctor in the state, including a
    51  limited permit holder, or be an applicant for licensure under this arti-
    52  cle meeting the qualifications for licensure or for a limited permit;
    53    c. have successfully completed a  certification  course  in  injection
    54  therapy  from a course provider approved by the department or as part of
    55  a program of naturopathic medicine registered with the department or the
    56  substantial equivalent thereof;

        S. 4917--A                          8

     1    d. pay a fee to the department of two hundred dollars for the issuance
     2  and initial registration of the injection therapy privilege.
     3    2.  An  injection therapy privilege issued under this section shall be
     4  valid for the life of the holder, unless revoked, annulled, or suspended
     5  by the board of regents. During each triennial  registration  period,  a
     6  naturopathic  doctor  having  injection therapy privilege shall complete
     7  eight hours of acceptable formal continuing education as part  of  their
     8  mandatory  continuing  education  requirement,  in  conformance with the
     9  provisions of section sixty-eight hundred sixty-two of this article,  on
    10  the  subject of injection therapy, including formal continuing education
    11  that contributes  to  the  enhancement  of  clinical  injection  therapy
    12  skills,  pursuant  to  the  regulation  of  the commissioner. Failure to
    13  complete the required continuing education under this  subsection  shall
    14  result  in suspension of the injection therapy privilege until such time
    15  as the required continuing education is complete. A  suspension  of  the
    16  injection  therapy  privilege  for  lack  of  completion of the required
    17  continuing education that exceeds twelve months in duration shall result
    18  in a revocation of the injection therapy privilege, and  require  re-ap-
    19  plication,  recertification  or  other  education  satisfactory  to  the
    20  commissioner, and the fee as per section sixty-eight hundred fifty-seven
    21  of this article for re-issuance of the injection therapy privilege. This
    22  continuing education requirement is effective as of the  same  effective
    23  date as section sixty-eight hundred fifty-seven of this article.
    24    3. A student in a doctoral program of naturopathic medicine registered
    25  with  the  department  or the substantial equivalent thereof may perform
    26  injection  therapy  in  an  internship  or  preceptorship  setting  when
    27  required  as  part  of  such  program for the purpose of fulfilling such
    28  program requirement only under the immediate direct personal supervision
    29  of a physician licensed  under  this  title  or  a  naturopathic  doctor
    30  licensed under this article having injection therapy privilege. "Immedi-
    31  ate  direct personal supervision" for the purposes of this section means
    32  supervision of a procedure for injection therapy based  on  instructions
    33  given  directly by the supervising physician or supervising naturopathic
    34  doctor who remains physically present in the  immediate  area  when  the
    35  injection therapy procedure is performed.
    36    §  6855.  Boundaries of professional competence. The activities encom-
    37  passed within the definition of the practice  of  naturopathic  medicine
    38  under  sections  sixty-eight  hundred  fifty-two and sixty-eight hundred
    39  fifty-four of this article are limited by the prohibitions,  boundaries,
    40  and restrictions of this section.
    41    1.  The  practice  of the profession of naturopathic medicine does not
    42  include:  administering or prescribing controlled  substances;  adminis-
    43  tering  invasive  procedures;  administering  electroconvulsive therapy;
    44  administering needle-type  electromyography;  performing  surgery  other
    45  than  cryotherapy,  ligation and fulguration; administering radiological
    46  procedures using ionizing radiation above background levels; administer-
    47  ing general or spinal anesthetic drugs; administering obstetric services
    48  other than complementary naturopathic prenatal  and  postnatal  wellness
    49  care; administering acupuncture; and setting fractures.
    50    2.  a.  (i)  It  shall  be deemed practicing outside the boundaries of
    51  professional competence for a naturopathic doctor to  provide  emergency
    52  care services for treating injuries or trauma from a serious accident or
    53  a  violent crime, except as permitted by article 30 of the public health
    54  law of New York.
    55    (ii) It shall be deemed professional  misconduct  for  a  naturopathic
    56  doctor  to  hold  herself  or  himself  out  as providing emergency care

        S. 4917--A                          9
 
     1  services on a continued sustained basis; or to treat an  acute  emergent
     2  condition  of  significant threat to life or limb without also summoning
     3  emergency medical response.
     4    b. (i) It shall be deemed practicing outside the boundaries of profes-
     5  sional competence for a naturopathic doctor to administer physical natu-
     6  ropathy  on a patient on a continued sustained basis under either of the
     7  following circumstances:  to assist the patient to compensate for devel-
     8  opmental deficits affecting physical movement and mobility  that  cannot
     9  be  reversed; and to restore, for purposes of patient reintegration back
    10  into the home, community, or work, some or all of the patient's pathome-
    11  chanical deficits affecting physical movement  and  mobility  that  were
    12  lost  due  to  injury  or  disease causing ongoing separation from home,
    13  community or work.
    14    (ii) A naturopathic  doctor  may  correct  vertebral  alignment  using
    15  vertebral  adjustment  in  combination  with naturopathic muscle release
    16  techniques and soft tissue manipulation  within  a  multimodal  holistic
    17  treatment plan, but otherwise may not practice vertebral adjustment.
    18    c.  For  patients  having  symptomatic,  intellectually,  socially  or
    19  emotionally maladaptive behavior sufficient to be a  mental,  emotional,
    20  cognitive,  addictive  or behavioral disorder as per DSM (diagnostic and
    21  statistical manual of mental disorders) criteria or an equivalent there-
    22  of, or per diagnosis by a qualified healthcare  provider,  it  shall  be
    23  deemed  practicing outside the boundaries of professional competence for
    24  a naturopathic doctor to facilitate changes in the patient's personality
    25  and behavior for the purpose of eliminating such symptomatic maladaptive
    26  behavior corresponding to such  disorder  through  the  use  of  verbal,
    27  cognitive,   and   emotional   interpersonal  communication  methods  of
    28  psychotherapeutic intervention on  a  continued  sustained  basis.  Such
    29  restriction  on psychotherapeutic intervention does not restrict a natu-
    30  ropathic  doctor  from  providing  dietary  and  lifestyle  advice   and
    31  instructions  to the patient, nor from educating the patient about their
    32  circumstances of health and illness. Such restriction on psychotherapeu-
    33  tic intervention excludes hypnotherapy applied as part  of  a  multimode
    34  holistic  treatment  plan  (e.g.,  nutrient therapy and hypnotherapy) to
    35  treat tobacco addiction  or  obesity.  Although  a  naturopathic  doctor
    36  cannot  provide  a  psychological  diagnosis,  a naturopathic doctor may
    37  apply and document such DSM or equivalent criteria, or the absence ther-
    38  eof to discern this boundary of professional competence, which  discern-
    39  ment shall defer to a diagnosis by a qualified healthcare provider.
    40    d. Although the identification of an illness is part of a naturopathic
    41  assessment,  a  naturopathic  doctor may not equate such assessment to a
    42  medical or psychological diagnosis, nor hold himself or herself  out  as
    43  making  a  medical  or psychological diagnosis.   A naturopathic doctor,
    44  however, may use common diagnostic  codes  (e.g.,  ICD-10  codes;  DSM-V
    45  codes)  and  may  refer to an identified illness in discussions with the
    46  patient, in patient health records, and in communications compliant with
    47  the federal Health Insurance Portability and Accountability Act of  1996
    48  (HIPAA).
    49    3. While the scope of activities included within the practice of natu-
    50  ropathic medicine overlaps in part with other professions licensed under
    51  this  title,  the  naturopathic doctor shall not hold herself or himself
    52  out as practicing any such other profession or use a title of  any  such
    53  other profession, unless otherwise authorized under this title.
    54    §  6856.  State  board for naturopathic medicine. 1. A state board for
    55  naturopathic medicine shall be appointed by the board of regents on  the
    56  recommendation  of  the  commissioner  for  the purpose of assisting the

        S. 4917--A                         10

     1  board of regents and the department on matters of professional licensing
     2  and professional conduct in accordance with section  sixty-five  hundred
     3  eight of this title. The board shall be composed of two public represen-
     4  tatives  who  do  not  hold  interests in the organization, financing or
     5  delivery of naturopathic services,  one  licensed  physician  who  is  a
     6  doctor  of  medicine  or  a  doctor of osteopathy, and not less than six
     7  naturopathic doctors. A naturopathic doctor member of  the  board  shall
     8  have  been  licensed  under this article for at least two years prior to
     9  being appointed, which two year license requirement is  waived  for  the
    10  initial  board  and  replaced  with  a requirement that the naturopathic
    11  doctor obtain a license under this article within one year  of  appoint-
    12  ment  or one year of the effective date of this article, whichever comes
    13  later. The terms of the first appointed members shall  be  staggered  so
    14  that  three  are appointed for three years, three are appointed for four
    15  years, and four are appointed for five years. An executive secretary  of
    16  the  board shall be appointed by the board of regents on the recommenda-
    17  tion of the commissioner.
    18    2. Examinations selected or prepared by the board pursuant to subdivi-
    19  sion two of section sixty-five hundred eight of this title shall conform
    20  whenever possible to nationally recognized  test  development  standards
    21  and test competencies for naturopathic medicine.
    22    §  6857.  Qualifications  for  licensure.  To qualify for a license to
    23  practice the profession of naturopathic  medicine,  an  applicant  shall
    24  fulfill the following requirements:
    25    1. file an application with the department;
    26    2.  have received an education, including a doctoral degree in naturo-
    27  pathic medicine, granted on the basis of  completion  of  a  program  of
    28  naturopathic  medicine registered with the department or the substantial
    29  equivalent thereof, in accordance with the commissioner's regulations;
    30    3. for applicants applying more than two  years  after  the  effective
    31  date  of  this  article,  have  satisfactorily completed a post-graduate
    32  residency program of naturopathic medicine of  at  least  twelve  months
    33  duration approved by the department, or the substantial equivalent ther-
    34  eof, and in accordance with the commissioner's regulations;
    35    4.  pass  an  examination  satisfactory to the board and in accordance
    36  with the commissioner's regulations;
    37    5. be at least twenty-one years of age;
    38    6. be of good moral character as determined by the department; and
    39    7. pay a fee of three hundred fifty dollars to the department  for  an
    40  initial  license  and  a  fee of five hundred dollars for each triennial
    41  registration period.
    42    § 6858. Special conditions. 1. An applicant having received, prior  to
    43  nineteen hundred eighty-eight, an education, including a doctoral degree
    44  in  naturopathic  medicine,  granted  on  the  basis  of completion of a
    45  program of naturopathic medicine registered with the department  or  the
    46  substantial  equivalent  thereof,  may substitute for the experience and
    47  examination qualifications of section sixty-eight hundred fifty-seven of
    48  this article, either of: (i) satisfactory evidence of practice of  natu-
    49  ropathic  medicine  of  not  less than three years during the five years
    50  preceding the filing of the application; or (ii) practice under a limit-
    51  ed permit for at least two of the three years prior to application under
    52  this article.
    53    2. An applicant having received, prior to two years after  the  effec-
    54  tive  date of this article, an education, including a doctoral degree in
    55  naturopathic medicine, granted on the basis of completion of  a  program
    56  of  naturopathic medicine registered with the department or the substan-

        S. 4917--A                         11
 
     1  tial equivalent thereof, may substitute for the experience qualification
     2  of section sixty-eight hundred fifty-seven of this article,  either  of:
     3  (i)  satisfactory  evidence  of practice of naturopathic medicine of not
     4  less  than three years during the five years preceding the filing of the
     5  application; or (ii) practice under a limited permit for at least two of
     6  the three years prior to application under this article.
     7    3. The "practice of naturopathic medicine" as  used  in  this  section
     8  includes the practice of naturopathy or naturopathic medicine in a state
     9  or  territory of the United States, including New York state, or a Cana-
    10  dian province, while maintaining a professional license  in  naturopathy
    11  or naturopathic medicine issued by the same or another state or territo-
    12  ry  or  a  Canadian province; and includes practice performed before and
    13  after the effective date of this article.
    14    4. Practice demonstrated by satisfactory evidence of practice or by  a
    15  limited permit, as provided in subdivisions one and two of this section,
    16  must  be complete within eighteen years after the effective date of this
    17  article. Applicants having completed  the  practice  requirements  of  a
    18  special  condition  under  this  section  must submit an application for
    19  license by nineteen years after the effective date of this  article  and
    20  must  cure  defects,  if  any,  in  the application as identified by the
    21  department within a time period indicated by the department.
    22    § 6859. Exempt persons and exemptions. Nothing contained in this arti-
    23  cle shall be construed to affect or prevent the following:
    24    1. a. A licensed physician from practicing his or  her  profession  as
    25  defined  in  articles  one  hundred thirty-one, as added by chapter nine
    26  hundred eighty-seven of  the  laws  of  nineteen  seventy-one,  and  one
    27  hundred thirty-one-b of this title; a registered professional nurse or a
    28  certified nurse practitioner practicing his or her profession as defined
    29  under article one hundred thirty-nine of this title; or
    30    b.  Qualified  members  of other professions licensed under this title
    31  from performing the practice of  their  professions;  except  that  such
    32  persons  may not hold themselves out under the title naturopath or natu-
    33  ropathic doctor, or as performing naturopathy or naturopathic medicine.
    34    2. A student from engaging in clinical practice under supervision of a
    35  licensed naturopathic doctor as part of a program of naturopathic  medi-
    36  cine registered by the department or the substantial equivalent thereof.
    37    3. The practice of naturopathic medicine by a salaried employee of the
    38  government  of  the United States while the individual is engaged in the
    39  performance of duties prescribed by the  laws  and  regulations  of  the
    40  United States.
    41    4.  The  domestic  care of the sick, disabled or injured by any family
    42  member, household member or friend, or person employed  primarily  in  a
    43  domestic  capacity  who  does not hold himself or herself out, or accept
    44  employment as a person licensed to practice naturopathic medicine  under
    45  the provisions of this article.
    46    5.  The  care of the sick when done in connection with the practice of
    47  the religious tenets of any church.
    48    6. The marketing, sale or use of substances or devices governed by the
    49  Federal Food, Drug, and Cosmetic Act that do not require a  prescription
    50  from a qualified healthcare provider.
    51    7.  The  conduct,  activities,  or  services of individuals, churches,
    52  schools,  teachers,  organizations,  or  not-for-profit  businesses   in
    53  providing instruction, advice, support, encouragement, or information to
    54  individuals, families, and relational groups.
    55    §  6860. Limited residency permits. 1. For issuance of a limited resi-
    56  dency permit, the applicant shall fulfill the following requirements:

        S. 4917--A                         12
 
     1    a. file an application with the department;
     2    b.  have received an education, including a doctoral degree in naturo-
     3  pathic medicine, granted on the basis of  completion  of  a  program  of
     4  naturopathic  medicine registered with the department or the substantial
     5  equivalent thereof;
     6    c. have been accepted into a post-graduate residency program of  natu-
     7  ropathic medicine approved by the department;
     8    d. be of good moral character as determined by the department;
     9    e. be at least twenty-one years of age; and
    10    f.  pay  a  fee  to  the  department  of one hundred dollars, or for a
    11  renewal a fee of fifty dollars.
    12    2. Such permit shall allow the permit holder to  perform  such  activ-
    13  ities  that  are  required  for  successful  completion of the residency
    14  program under the administrative supervision of a licensed  naturopathic
    15  doctor  serving  as  the residency director. Practice activities under a
    16  limited residency permit shall be limited to facilities  encompassed  by
    17  the  post-graduate  residency  program  of  the permit holder, such as a
    18  hospital, an incorporated hospital or  clinic,  a  licensed  proprietary
    19  hospital,  a licensed nursing home, a public health agency, a recognized
    20  public or non-public school setting, the office of  a  licensed  naturo-
    21  pathic  doctor, or in the civil service of the state or political subdi-
    22  vision thereof.   Practice supervision of  a  permit  holder's  practice
    23  activities  shall  be  on-site  supervision  by  a licensed naturopathic
    24  doctor, except for injection therapy procedures, which shall  be  direct
    25  personal  supervision by a licensed physician or a licensed naturopathic
    26  doctor having injection therapy privilege. "Direct personal supervision"
    27  for the purposes of this section means supervision of  a  procedure  for
    28  injection  therapy based on instructions given directly by the supervis-
    29  ing physician or supervising naturopathic doctor  who  remains  on  site
    30  when  and  where  the  procedure  is  being  performed, but shall not be
    31  construed as necessarily requiring the physical presence of  the  super-
    32  vising  physician  or  supervising  naturopathic doctor in the immediate
    33  area at the time when the injection therapy procedure is performed.
    34    3. Such permit shall be issued for one year and may be renewed at  the
    35  discretion of the department for one or two additional years when neces-
    36  sary  to permit the completion of an approved post-graduate residency in
    37  naturopathic medicine.
    38    § 6861. Limited permits. 1. For issuance  of  a  limited  permit,  the
    39  applicant shall fulfill the following requirements:
    40    a. file an application with the department;
    41    b.  have received an education, including a doctoral degree in naturo-
    42  pathic medicine, granted on the basis of  completion  of  a  program  of
    43  naturopathic  medicine registered with the department or the substantial
    44  equivalent thereof;
    45    c. indicate exercising option to attain qualifications  for  licensure
    46  using  a  limited  permit  special  condition  under section sixty-eight
    47  hundred fifty-eight of this article;
    48    d. be of good moral character as determined by the department;
    49    e. be at least twenty-one years of age; and
    50    f. pay a fee of two hundred dollars to the department.
    51    2. Such limited permit shall authorize the  practice  of  naturopathic
    52  medicine  only  under the supervision of a licensed naturopathic doctor.
    53  Supervision of the limited permit holder's practice activities shall  be
    54  on-site supervision by a licensed naturopathic doctor.

        S. 4917--A                         13
 
     1    3. A limited permit shall be issued for a period of two years, and may
     2  be  renewed under circumstances and for a time period and fee in accord-
     3  ance with the commissioner's regulations.
     4    4.  The  last day for applying for a limited permit under this section
     5  is fifteen years after the effective date of this section.
     6    § 6862. Mandatory continuing education. 1. a. Each naturopathic doctor
     7  licensed pursuant to this article, required to register triennially with
     8  the  department  to  practice  in  this  state  shall  comply  with  the
     9  provisions of the mandatory continuing education requirements prescribed
    10  in  subdivision  two of this section, except as provided in paragraphs b
    11  and c of this subdivision. Naturopathic doctors who do not  satisfy  the
    12  mandatory  continuing  education  requirements  shall not practice until
    13  they have met such requirements, and they have been issued  a  registra-
    14  tion certificate, except that a naturopathic doctor may practice without
    15  having met such requirements if he or she is issued a conditional regis-
    16  tration pursuant to subdivision three of this section.
    17    b.  Naturopathic doctors shall be exempt from the mandatory continuing
    18  education requirement for the triennial registration period during which
    19  they are first licensed. In accord with  the  intent  of  this  section,
    20  adjustments  to  the  mandatory continuing education requirements may be
    21  granted by the department for reasons of health certified by  an  appro-
    22  priate health care professional, for extended active duty with the armed
    23  forces  of  the United States, or for other good cause acceptable to the
    24  department, which may prevent compliance.
    25    c. A licensed naturopathic doctor not engaged  in  professional  prac-
    26  tice, as determined by the department, shall be exempt from the mandato-
    27  ry  continuing education requirement upon the filing of a statement with
    28  the department declaring such status. Any licensee who  returns  to  the
    29  practice  of  naturopathic  medicine  during  the triennial registration
    30  period shall notify the department prior to  reentering  the  profession
    31  and  shall  meet  such  mandatory  education  requirements  as  shall be
    32  prescribed by regulations of the commissioner.
    33    2. During each triennial registration period an applicant  for  regis-
    34  tration  shall  complete  sixty  hours  of  acceptable formal continuing
    35  education. Any licensed naturopathic  doctor  whose  first  registration
    36  date following the effective date of this section occurs less than three
    37  years  from  such  effective  date,  shall complete continuing education
    38  hours on a prorated basis at the rate of  one  and  one-half  hours  per
    39  month  for the number of months between the effective date and the first
    40  registration date.  Thereafter, a licensee who  has  not  satisfied  the
    41  mandatory continuing education requirements shall not be issued a trien-
    42  nial  registration  certificate by the department and shall not practice
    43  unless and until a conditional registration  certificate  is  issued  as
    44  provided  in subdivision three of this section.  The individual licensee
    45  shall determine the selection of courses or programs of  study  pursuant
    46  to  subdivision  four  of this section. Continuing education hours taken
    47  during one triennium may not be carried over or  otherwise  credited  or
    48  transferred to a subsequent triennium.
    49    3.  The  department, in its discretion, may issue a conditional regis-
    50  tration to a  licensee  who  fails  to  meet  the  continuing  education
    51  requirements  established  in  subdivision  two  of this section but who
    52  agrees to make up any deficiencies and  take  any  additional  education
    53  which  the department may require. The fee for such a conditional regis-
    54  tration shall be the same as, and in addition to, the fee for the trien-
    55  nial registration.  The duration of such conditional registration  shall
    56  be  determined  by  the  department  but  shall not exceed one year. Any

        S. 4917--A                         14
 
     1  licensee who is notified of the denial of registration  for  failure  to
     2  complete  the required continued education and who continues to practice
     3  naturopathic medicine without such registration,  shall  be  subject  to
     4  disciplinary  proceedings  pursuant to section sixty-five hundred ten of
     5  this title.
     6    4. As used in this section, "acceptable formal  continuing  education"
     7  shall  mean  formal  programs  of  learning which contain subject matter
     8  which meet the following requirements: contributes to the enhancement of
     9  professional and clinical skills of the naturopathic doctor;  meets  the
    10  standards  prescribed by regulations of the commissioner in consultation
    11  with the board to fulfill the mandatory  continuing  education  require-
    12  ment;  and  is  sponsored or presented by a state or a Canadian province
    13  naturopathic  medicine  professional  organization  acceptable  to   the
    14  department,  a  United States or Canadian national naturopathic medicine
    15  professional organization acceptable to the department,  an  institution
    16  of higher learning having an accreditation acceptable to the department,
    17  or  another  sponsor  approved  by the department, pursuant to the regu-
    18  lation of the commissioner. Continuing education courses must  be  taken
    19  from  a  provider who has been approved by the department, based upon an
    20  application and fee, pursuant to the regulations  of  the  commissioner.
    21  The department may, in its discretion and as needed to contribute to the
    22  health  and  welfare of the public, require the completion of continuing
    23  education activities in specific  subjects  to  fulfill  this  mandatory
    24  continuing education requirement.
    25    5. Licensed naturopathic doctors shall maintain adequate documentation
    26  of  completion  of  acceptable  formal  continuing  education  and shall
    27  provide such documentation to the department upon  request.  Failure  to
    28  provide  such  documentation  upon request of the department shall be an
    29  act of  misconduct  subject  to  disciplinary  proceedings  pursuant  to
    30  section sixty-five hundred ten of this title.
    31    6.  The  mandatory  continuing  education  fee shall be fifty dollars,
    32  shall be payable on or before the first day of each triennial  registra-
    33  tion  period, and shall be in addition to the triennial registration fee
    34  required by section sixty-eight hundred fifty-seven of this article.
    35    § 3. Subdivision (a) of section 1203 of the limited liability  company
    36  law,  as  amended by chapter 554 of the laws of 2013, is amended to read
    37  as follows:
    38    (a) Notwithstanding the education law or any other provision  of  law,
    39  one  or more professionals each of whom is authorized by law to render a
    40  professional service within the state, or one or more professionals,  at
    41  least  one of whom is authorized by law to render a professional service
    42  within the state, may form,  or  cause  to  be  formed,  a  professional
    43  service  limited liability company for pecuniary profit under this arti-
    44  cle for the purpose of rendering the professional service or services as
    45  such professionals are authorized to practice. With respect to a profes-
    46  sional service limited  liability  company  formed  to  provide  medical
    47  services  as  such  services are defined in article 131 of the education
    48  law, each member of such limited  liability  company  must  be  licensed
    49  pursuant  to  article  131  of the education law to practice medicine in
    50  this state. With respect to a  professional  service  limited  liability
    51  company  formed  to  provide  naturopathic services as such services are
    52  defined in article 138 of the education law, each member of such limited
    53  liability company must be licensed pursuant to article 138 of the educa-
    54  tion law to practice naturopathy  in  this  state.  With  respect  to  a
    55  professional  service limited liability company formed to provide dental
    56  services as such services are defined in article 133  of  the  education

        S. 4917--A                         15
 
     1  law,  each  member  of  such  limited liability company must be licensed
     2  pursuant to article 133 of the education law to  practice  dentistry  in
     3  this  state.  With  respect  to a professional service limited liability
     4  company  formed  to  provide  veterinary  services  as such services are
     5  defined in article 135 of the education law, each member of such limited
     6  liability company must be licensed pursuant to article 135 of the educa-
     7  tion law to practice veterinary medicine in this state. With respect  to
     8  a  professional  service  limited  liability  company  formed to provide
     9  professional engineering, land surveying, architectural and/or landscape
    10  architectural services as such services  are  defined  in  article  145,
    11  article  147  and  article 148 of the education law, each member of such
    12  limited liability company must be  licensed  pursuant  to  article  145,
    13  article  147  and/or article 148 of the education law to practice one or
    14  more of such professions in this state. With respect to  a  professional
    15  service  limited  liability  company formed to provide licensed clinical
    16  social work services as such services are defined in article 154 of  the
    17  education  law,  each  member of such limited liability company shall be
    18  licensed pursuant to article  154  of  the  education  law  to  practice
    19  licensed  clinical  social work in this state. With respect to a profes-
    20  sional service limited liability company formed to provide creative arts
    21  therapy services as such services are defined  in  article  163  of  the
    22  education  law,  each  member  of such limited liability company must be
    23  licensed pursuant to article 163 of the education law to practice  crea-
    24  tive  arts therapy in this state. With respect to a professional service
    25  limited liability company formed to provide marriage and family  therapy
    26  services  as  such  services are defined in article 163 of the education
    27  law, each member of such limited  liability  company  must  be  licensed
    28  pursuant  to  article  163 of the education law to practice marriage and
    29  family therapy in this state. With respect  to  a  professional  service
    30  limited  liability  company  formed  to provide mental health counseling
    31  services as such services are defined in article 163  of  the  education
    32  law,  each  member  of  such  limited liability company must be licensed
    33  pursuant to article 163 of the education law to practice  mental  health
    34  counseling in this state. With respect to a professional service limited
    35  liability  company  formed  to  provide  psychoanalysis services as such
    36  services are defined in article 163 of the education law, each member of
    37  such limited liability company must be licensed pursuant to article  163
    38  of  the  education  law  to  practice psychoanalysis in this state. With
    39  respect to a professional service limited liability  company  formed  to
    40  provide  applied behavior analysis services as such services are defined
    41  in article 167 of the education law, each member of such limited liabil-
    42  ity company must be licensed or certified pursuant to article 167 of the
    43  education law to practice applied behavior analysis in  this  state.  In
    44  addition  to  engaging in such profession or professions, a professional
    45  service limited liability company may engage in any  other  business  or
    46  activities  as  to which a limited liability company may be formed under
    47  section two hundred one of this  chapter.    Notwithstanding  any  other
    48  provision  of  this  section,  a  professional service limited liability
    49  company (i) authorized to  practice  law  may  only  engage  in  another
    50  profession  or  business  or  activities  or  (ii) which is engaged in a
    51  profession or other business or  activities  other  than  law  may  only
    52  engage in the practice of law, to the extent not prohibited by any other
    53  law of this state or any rule adopted by the appropriate appellate divi-
    54  sion of the supreme court or the court of appeals.

        S. 4917--A                         16
 
     1    § 3-a. Subdivision (a) of section 1203 of the limited liability compa-
     2  ny  law,  as  amended  by chapter 475 of the laws of 2014, is amended to
     3  read as follows:
     4    (a)  Notwithstanding  the education law or any other provision of law,
     5  one or more professionals each of whom is authorized by law to render  a
     6  professional  service within the state, or one or more professionals, at
     7  least one of whom is authorized by law to render a professional  service
     8  within  the  state,  may  form,  or  cause  to be formed, a professional
     9  service limited liability company for pecuniary profit under this  arti-
    10  cle for the purpose of rendering the professional service or services as
    11  such  professionals  are  authorized  to  practice.    With respect to a
    12  professional service limited liability company formed to provide medical
    13  services as such services are defined in article 131  of  the  education
    14  law,  each  member  of  such  limited liability company must be licensed
    15  pursuant to article 131 of the education law  to  practice  medicine  in
    16  this  state.    With respect to a professional service limited liability
    17  company formed to provide naturopathic services  as  such  services  are
    18  defined in article 138 of the education law, each member of such limited
    19  liability company must be licensed pursuant to article 138 of the educa-
    20  tion  law  to  practice  naturopathy  in  this  state. With respect to a
    21  professional service limited liability company formed to provide  dental
    22  services  as  such  services are defined in article 133 of the education
    23  law, each member of such limited  liability  company  must  be  licensed
    24  pursuant  to  article  133 of the education law to practice dentistry in
    25  this state. With respect to a  professional  service  limited  liability
    26  company  formed  to  provide  veterinary  services  as such services are
    27  defined in article 135 of the education law, each member of such limited
    28  liability company must be licensed pursuant to article 135 of the educa-
    29  tion law to practice veterinary medicine in this state. With respect  to
    30  a  professional  service  limited  liability  company  formed to provide
    31  professional  engineering,  land  surveying,  architectural,   landscape
    32  architectural and/or geological services as such services are defined in
    33  article  145,  article  147  and  article 148 of the education law, each
    34  member of such limited liability company must be  licensed  pursuant  to
    35  article  145,  article  147  and/or  article 148 of the education law to
    36  practice one or more of such professions in this state. With respect  to
    37  a  professional  service  limited  liability  company  formed to provide
    38  licensed clinical social work services as such services are  defined  in
    39  article  154 of the education law, each member of such limited liability
    40  company shall be licensed pursuant to article 154 of the  education  law
    41  to practice licensed clinical social work in this state. With respect to
    42  a professional service limited liability company formed to provide crea-
    43  tive  arts  therapy services as such services are defined in article 163
    44  of the education law, each member of such limited liability company must
    45  be licensed pursuant to article 163 of the  education  law  to  practice
    46  creative  arts  therapy  in  this  state. With respect to a professional
    47  service limited liability company formed to provide marriage and  family
    48  therapy  services  as  such  services  are defined in article 163 of the
    49  education law, each member of such limited  liability  company  must  be
    50  licensed  pursuant  to  article  163  of  the  education law to practice
    51  marriage and family therapy in this state. With  respect  to  a  profes-
    52  sional service limited liability company formed to provide mental health
    53  counseling  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 mental
    56  health  counseling in this state. With respect to a professional service

        S. 4917--A                         17
 
     1  limited liability company formed to provide psychoanalysis  services  as
     2  such  services  are  defined  in  article 163 of the education law, each
     3  member of such limited liability company must be  licensed  pursuant  to
     4  article  163  of  the  education  law to practice psychoanalysis in this
     5  state. With respect to a professional service limited liability  company
     6  formed  to  provide  applied behavior analysis services as such services
     7  are defined in article 167 of the education law,  each  member  of  such
     8  limited  liability  company  must  be  licensed or certified pursuant to
     9  article 167 of the education law to practice applied  behavior  analysis
    10  in   this   state.  In  addition  to  engaging  in  such  profession  or
    11  professions, a professional service limited liability company may engage
    12  in any other business or activities as  to  which  a  limited  liability
    13  company  may  be  formed  under section two hundred one of this chapter.
    14  Notwithstanding any other provision  of  this  section,  a  professional
    15  service  limited  liability  company  (i) authorized to practice law may
    16  only engage in another profession or  business  or  activities  or  (ii)
    17  which  is  engaged in a profession or other business or activities other
    18  than law may only engage in the practice  of  law,  to  the  extent  not
    19  prohibited  by  any  other  law of this state or any rule adopted by the
    20  appropriate appellate division of the supreme  court  or  the  court  of
    21  appeals.
    22    §  4. Subdivision (b) of section 1207 of the limited liability company
    23  law, as amended by chapter 554 of the laws of 2013, is amended  to  read
    24  as follows:
    25    (b)  With  respect to a professional service limited liability company
    26  formed to provide medical services as such services are defined in arti-
    27  cle 131 of the education law, each  member  of  such  limited  liability
    28  company must be licensed pursuant to article 131 of the education law to
    29  practice medicine in this state.  With respect to a professional service
    30  limited  liability  company  formed  to provide naturopathic services as
    31  such services are defined in article 138  of  the  education  law,  each
    32  member  of  such  limited liability company must be licensed pursuant to
    33  article 138 of the education law to practice naturopathy in this  state.
    34  With  respect to a professional service limited liability company formed
    35  to provide dental services as such services are defined in  article  133
    36  of the education law, each member of such limited liability company must
    37  be  licensed  pursuant  to  article 133 of the education law to practice
    38  dentistry in this state. With respect to a professional service  limited
    39  liability company formed to provide veterinary services as such services
    40  are  defined  in  article  135 of the education law, each member of such
    41  limited liability company must be licensed pursuant to  article  135  of
    42  the  education  law  to practice veterinary medicine in this state. With
    43  respect to a professional service limited liability  company  formed  to
    44  provide  professional  engineering, land surveying, architectural and/or
    45  landscape architectural services as such services are defined in article
    46  145, article 147 and article 148 of the education law,  each  member  of
    47  such limited liability company must be licensed pursuant to article 145,
    48  article  147  and/or article 148 of the education law to practice one or
    49  more of such professions in this state. With respect to  a  professional
    50  service  limited  liability  company formed to provide licensed clinical
    51  social work services as such services are defined in article 154 of  the
    52  education  law,  each  member of such limited liability company shall be
    53  licensed pursuant to article  154  of  the  education  law  to  practice
    54  licensed  clinical  social work in this state. With respect to a profes-
    55  sional service limited liability company formed to provide creative arts
    56  therapy services as such services are defined  in  article  163  of  the

        S. 4917--A                         18
 
     1  education  law,  each  member  of such limited liability company must be
     2  licensed pursuant to article 163 of the education law to practice  crea-
     3  tive  arts therapy in this state. With respect to a professional service
     4  limited  liability company formed to provide marriage and family therapy
     5  services as such services are defined in article 163  of  the  education
     6  law,  each  member  of  such  limited liability company must be licensed
     7  pursuant to article 163 of the education law to  practice  marriage  and
     8  family  therapy  in  this  state. With respect to a professional service
     9  limited liability company formed to  provide  mental  health  counseling
    10  services  as  such  services are defined in article 163 of the education
    11  law, each member of such limited  liability  company  must  be  licensed
    12  pursuant  to  article 163 of the education law to practice mental health
    13  counseling in this state. With respect to a professional service limited
    14  liability company formed to  provide  psychoanalysis  services  as  such
    15  services are defined in article 163 of the education law, each member of
    16  such  limited liability company must be licensed pursuant to article 163
    17  of the education law to practice  psychoanalysis  in  this  state.  With
    18  respect  to  a  professional service limited liability company formed to
    19  provide applied behavior analysis services as such services are  defined
    20  in article 167 of the education law, each member of such limited liabil-
    21  ity company must be licensed or certified pursuant to article 167 of the
    22  education law to practice applied behavior analysis in this state.
    23    § 4-a. Subdivision (b) of section 1207 of the limited liability compa-
    24  ny  law,  as  amended  by chapter 475 of the laws of 2014, is amended to
    25  read as follows:
    26    (b) With respect to a professional service limited  liability  company
    27  formed to provide medical services as such services are defined in arti-
    28  cle  131  of  the  education  law, each member of such limited liability
    29  company must be licensed pursuant to article 131 of the education law to
    30  practice medicine in this state.  With respect to a professional service
    31  limited liability company formed to  provide  naturopathic  services  as
    32  such  services  are  defined  in  article 138 of the education law, each
    33  member of such limited liability company must be  licensed  pursuant  to
    34  article  138 of the education law to practice naturopathy in this state.
    35  With respect to a professional service limited liability company  formed
    36  to  provide  dental services as such services are defined in article 133
    37  of the education law, each member of such limited liability company must
    38  be licensed pursuant to article 133 of the  education  law  to  practice
    39  dentistry  in this state. With respect to a professional service limited
    40  liability company formed to provide veterinary services as such services
    41  are defined in article 135 of the education law,  each  member  of  such
    42  limited  liability  company  must be licensed pursuant to article 135 of
    43  the education law to practice veterinary medicine in  this  state.  With
    44  respect  to  a  professional service limited liability company formed to
    45  provide professional engineering, land surveying,  architectural,  land-
    46  scape  architectural  and/or  geological  services  as such services are
    47  defined in article 145, article 147 and article  148  of  the  education
    48  law,  each  member  of  such  limited liability company must be licensed
    49  pursuant to article 145, article 147 and/or article 148 of the education
    50  law to practice one or more of such  professions  in  this  state.  With
    51  respect  to  a  professional service limited liability company formed to
    52  provide licensed clinical social work  services  as  such  services  are
    53  defined in article 154 of the education law, each member of such limited
    54  liability  company  shall  be  licensed  pursuant  to article 154 of the
    55  education law to practice licensed clinical social work in  this  state.
    56  With  respect to a professional service limited liability company formed

        S. 4917--A                         19
 
     1  to provide creative arts therapy services as such services  are  defined
     2  in article 163 of the education law, each member of such limited liabil-
     3  ity  company  must  be licensed pursuant to article 163 of the education
     4  law  to  practice creative arts therapy in this state. With respect to a
     5  professional  service  limited  liability  company  formed  to   provide
     6  marriage  and  family  therapy  services as such services are defined in
     7  article 163 of the education law, each member of such limited  liability
     8  company must be licensed pursuant to article 163 of the education law to
     9  practice  marriage  and  family therapy in this state. With respect to a
    10  professional service limited liability company formed to provide  mental
    11  health  counseling  services as such services are defined in article 163
    12  of the education law, each member of such limited liability company must
    13  be licensed pursuant to article 163 of the  education  law  to  practice
    14  mental  health  counseling in this state. With respect to a professional
    15  service limited  liability  company  formed  to  provide  psychoanalysis
    16  services  as  such  services are defined in article 163 of the education
    17  law, each member of such limited  liability  company  must  be  licensed
    18  pursuant  to article 163 of the education law to practice psychoanalysis
    19  in this state. With respect to a professional service limited  liability
    20  company  formed  to  provide  applied behavior analysis services as such
    21  services are defined in article 167 of the education law, each member of
    22  such limited liability company must be licensed or certified pursuant to
    23  article 167 of the education law to practice applied  behavior  analysis
    24  in this state.
    25    §  5. Subdivision (a) of section 1301 of the limited liability company
    26  law, as amended by chapter 554 of the laws of 2013, is amended  to  read
    27  as follows:
    28    (a)  "Foreign  professional service limited liability company" means a
    29  professional service limited liability company, whether or  not  denomi-
    30  nated  as  such,  organized  under the laws of a jurisdiction other than
    31  this state, (i) each of whose members and managers, if any, is a profes-
    32  sional authorized by law to render a professional  service  within  this
    33  state  and who is or has been engaged in the practice of such profession
    34  in such professional service limited liability company or a  predecessor
    35  entity, or will engage in the practice of such profession in the profes-
    36  sional  service limited liability company within thirty days of the date
    37  such professional becomes a member, or each of whose members and  manag-
    38  ers,  if  any, is a professional at least one of such members is author-
    39  ized by law to render a professional service within this state  and  who
    40  is  or  has  been  engaged  in  the  practice of such profession in such
    41  professional service limited liability company or a predecessor  entity,
    42  or  will  engage  in the practice of such profession in the professional
    43  service limited liability company within thirty days of  the  date  such
    44  professional  becomes  a  member,  or  (ii)  authorized by, or holding a
    45  license, certificate, registration or permit  issued  by  the  licensing
    46  authority  pursuant  to,  the  education  law  to  render a professional
    47  service within this state; except that all members and managers, if any,
    48  of  a  foreign  professional  service  limited  liability  company  that
    49  provides  health services in this state shall be licensed in this state.
    50  With respect to a professional service limited liability company  formed
    51  to provide naturopathic services as such services are defined in article
    52  138  of the education law, each member of such limited liability company
    53  must be licensed pursuant to article 138 of the education law  to  prac-
    54  tice  naturopathy  in this state. With respect to a foreign professional
    55  service limited liability company which provides veterinary services  as
    56  such  services  are  defined  in  article 135 of the education law, each

        S. 4917--A                         20
 
     1  member of such foreign professional service  limited  liability  company
     2  shall  be licensed pursuant to article 135 of the education law to prac-
     3  tice veterinary medicine. With respect to a foreign professional service
     4  limited  liability  company  which  provides  medical  services  as such
     5  services are defined in article 131 of the education law, each member of
     6  such foreign professional service  limited  liability  company  must  be
     7  licensed  pursuant to article 131 of the education law to practice medi-
     8  cine in this state.   With respect to  a  foreign  professional  service
     9  limited  liability  company  which  provides  dental  services  as  such
    10  services are defined in article 133 of the education law, each member of
    11  such foreign professional service  limited  liability  company  must  be
    12  licensed  pursuant  to  article  133  of  the  education law to practice
    13  dentistry in this state. With respect to a foreign professional  service
    14  limited  liability company which provides professional engineering, land
    15  surveying, architectural and/or landscape architectural services as such
    16  services are defined in article 145, article 147 and article 148 of  the
    17  education  law, each member of such foreign professional service limited
    18  liability company must be licensed pursuant to article 145, article  147
    19  and/or  article 148 of the education law to practice one or more of such
    20  professions in this  state.  With  respect  to  a  foreign  professional
    21  service  limited  liability  company  which  provides  licensed clinical
    22  social work services as such services are defined in article 154 of  the
    23  education  law, each member of such foreign professional service limited
    24  liability company shall be licensed  pursuant  to  article  154  of  the
    25  education  law  to  practice  clinical  social  work in this state. With
    26  respect to a foreign  professional  service  limited  liability  company
    27  which  provides  creative  arts  therapy  services  as such services are
    28  defined in article 163 of the education law, each member of such foreign
    29  professional service limited liability company must be licensed pursuant
    30  to article 163 of the education law to practice creative arts therapy in
    31  this state. With respect  to  a  foreign  professional  service  limited
    32  liability company which provides marriage and family therapy services as
    33  such  services  are  defined  in  article 163 of the education law, each
    34  member of such foreign professional service  limited  liability  company
    35  must  be  licensed pursuant to article 163 of the education law to prac-
    36  tice marriage and family therapy  in  this  state.  With  respect  to  a
    37  foreign  professional  service  limited liability company which provides
    38  mental health counseling services as such services are defined in  arti-
    39  cle  163  of the education law, each member of such foreign professional
    40  service limited liability company must be licensed pursuant  to  article
    41  163  of  the  education law to practice mental health counseling in this
    42  state. With respect to a foreign professional service limited  liability
    43  company  which  provides  psychoanalysis  services  as such services are
    44  defined in article 163 of the education law, each member of such foreign
    45  professional service limited liability company must be licensed pursuant
    46  to article 163 of the education law to practice psychoanalysis  in  this
    47  state.  With respect to a foreign professional service limited liability
    48  company which  provides  applied  behavior  analysis  services  as  such
    49  services are defined in article 167 of the education law, each member of
    50  such  foreign  professional  service  limited  liability company must be
    51  licensed or certified pursuant to article 167 of the  education  law  to
    52  practice applied behavior analysis in this state.
    53    § 5-a. Subdivision (a) of section 1301 of the limited liability compa-
    54  ny  law,  as  amended  by chapter 475 of the laws of 2014, is amended to
    55  read as follows:

        S. 4917--A                         21
 
     1    (a) "Foreign professional service limited liability company"  means  a
     2  professional  service  limited liability company, whether or not denomi-
     3  nated as such, organized under the laws of  a  jurisdiction  other  than
     4  this state, (i) each of whose members and managers, if any, is a profes-
     5  sional  authorized  by  law to render a professional service within this
     6  state and who is or has been engaged in the practice of such  profession
     7  in  such professional service limited liability company or a predecessor
     8  entity, or will engage in the practice of such profession in the profes-
     9  sional service limited liability company within thirty days of the  date
    10  such  professional becomes a member, or each of whose members and manag-
    11  ers, if any, is a professional at least one of such members  is  author-
    12  ized  by  law to render a professional service within this state and who
    13  is or has been engaged in  the  practice  of  such  profession  in  such
    14  professional  service limited liability company or a predecessor entity,
    15  or will engage in the practice of such profession  in  the  professional
    16  service  limited  liability  company within thirty days of the date such
    17  professional becomes a member, or  (ii)  authorized  by,  or  holding  a
    18  license,  certificate,  registration  or  permit issued by the licensing
    19  authority pursuant to,  the  education  law  to  render  a  professional
    20  service within this state; except that all members and managers, if any,
    21  of  a  foreign  professional  service  limited  liability  company  that
    22  provides health services in this state shall be licensed in this  state.
    23  With  respect to a professional service limited liability company formed
    24  to provide naturopathic services as such services are defined in article
    25  138 of the education law, each member of such limited liability  company
    26  must  be  licensed pursuant to article 138 of the education law to prac-
    27  tice naturopathy in this state. With respect to a  foreign  professional
    28  service  limited liability company which provides veterinary services as
    29  such services are defined in article 135  of  the  education  law,  each
    30  member  of  such  foreign professional service limited liability company
    31  shall be licensed pursuant to article 135 of the education law to  prac-
    32  tice veterinary medicine. With respect to a foreign professional service
    33  limited  liability  company  which  provides  medical  services  as such
    34  services are defined in article 131 of the education law, each member of
    35  such foreign professional service  limited  liability  company  must  be
    36  licensed  pursuant to article 131 of the education law to practice medi-
    37  cine in this state.   With respect to  a  foreign  professional  service
    38  limited  liability  company  which  provides  dental  services  as  such
    39  services are defined in article 133 of the education law, each member of
    40  such foreign professional service  limited  liability  company  must  be
    41  licensed  pursuant  to  article  133  of  the  education law to practice
    42  dentistry in this state. With respect to a foreign professional  service
    43  limited  liability company which provides professional engineering, land
    44  surveying,  geologic,  architectural  and/or   landscape   architectural
    45  services  as  such  services are defined in article 145, article 147 and
    46  article 148 of the education law, each member of  such  foreign  profes-
    47  sional  service  limited  liability company must be licensed pursuant to
    48  article 145, article 147 and/or article 148  of  the  education  law  to
    49  practice  one or more of such professions in this state. With respect to
    50  a foreign professional service limited liability company which  provides
    51  licensed  clinical  social work services as such services are defined in
    52  article 154 of the education law, each member of  such  foreign  profes-
    53  sional  service  limited liability company shall be licensed pursuant to
    54  article 154 of the education law to practice  clinical  social  work  in
    55  this  state.  With  respect  to  a  foreign professional service limited
    56  liability company which provides creative arts therapy services as  such

        S. 4917--A                         22
 
     1  services are defined in article 163 of the education law, each member of
     2  such  foreign  professional  service  limited  liability company must be
     3  licensed pursuant to article 163 of the education law to practice  crea-
     4  tive  arts therapy in this state. With respect to a foreign professional
     5  service limited liability company which  provides  marriage  and  family
     6  therapy  services  as  such  services  are defined in article 163 of the
     7  education law, each member of such foreign professional service  limited
     8  liability company must be licensed pursuant to article 163 of the educa-
     9  tion  law  to  practice  marriage and family therapy in this state. With
    10  respect to a foreign  professional  service  limited  liability  company
    11  which  provides  mental  health counseling services as such services are
    12  defined in article 163 of the education law, each member of such foreign
    13  professional service limited liability company must be licensed pursuant
    14  to article 163 of the education law to practice mental health counseling
    15  in this state. With respect to a foreign  professional  service  limited
    16  liability   company  which  provides  psychoanalysis  services  as  such
    17  services are defined in article 163 of the education law, each member of
    18  such foreign professional service  limited  liability  company  must  be
    19  licensed  pursuant  to  article  163  of  the  education law to practice
    20  psychoanalysis in this state. With respect  to  a  foreign  professional
    21  service limited liability company which provides applied behavior analy-
    22  sis  services  as such services are defined in article 167 of the educa-
    23  tion law, each member  of  such  foreign  professional  service  limited
    24  liability  company must be licensed or certified pursuant to article 167
    25  of the education law to  practice  applied  behavior  analysis  in  this
    26  state.
    27    §  6.  Subdivision  (q) of section 121-1500 of the partnership law, as
    28  amended by chapter 554 of the laws  of  2013,  is  amended  to  read  as
    29  follows:
    30    (q)  Each partner of a registered limited liability partnership formed
    31  to provide medical services in this state must be licensed  pursuant  to
    32  article  131 of the education law to practice medicine in this state and
    33  each partner of a registered limited  liability  partnership  formed  to
    34  provide dental services in this state must be licensed pursuant to arti-
    35  cle  133  of the education law to practice dentistry in this state. Each
    36  partner of a registered limited liability partnership formed to  provide
    37  naturopathic services in this state must be licensed pursuant to article
    38  138  of  the  education  law to practice naturopathy in this state. Each
    39  partner of a registered limited liability partnership formed to  provide
    40  veterinary  services  in this state must be licensed pursuant to article
    41  135 of the education law to practice veterinary medicine in this  state.
    42  Each  partner  of  a  registered limited liability partnership formed to
    43  provide professional engineering, land surveying,  architectural  and/or
    44  landscape architectural services in this state must be licensed pursuant
    45  to  article  145, article 147 and/or article 148 of the education law to
    46  practice one or more of such professions in this state. Each partner  of
    47  a  registered  limited  liability partnership formed to provide licensed
    48  clinical social work services in this state must be licensed pursuant to
    49  article 154 of the education law to practice  clinical  social  work  in
    50  this  state.  Each partner of a registered limited liability partnership
    51  formed to provide creative arts therapy services in this state  must  be
    52  licensed  pursuant to article 163 of the education law to practice crea-
    53  tive arts therapy in this state. Each partner of  a  registered  limited
    54  liability  partnership  formed  to  provide  marriage and family therapy
    55  services in this state must be licensed pursuant to article 163  of  the
    56  education  law  to  practice  marriage and family therapy in this state.

        S. 4917--A                         23
 
     1  Each partner of a registered limited  liability  partnership  formed  to
     2  provide mental health counseling services in this state must be licensed
     3  pursuant  to  article 163 of the education law to practice mental health
     4  counseling in this state. Each partner of a registered limited liability
     5  partnership formed to provide psychoanalysis services in this state must
     6  be  licensed  pursuant  to  article 163 of the education law to practice
     7  psychoanalysis in this state.  Each  partner  of  a  registered  limited
     8  liability  partnership  formed  to  provide  applied  behavior  analysis
     9  service in this state must be licensed or certified pursuant to  article
    10  167  of  the education law to practice applied behavior analysis in this
    11  state.
    12    § 6-a. Subdivision (q) of section 121-1500 of the partnership law,  as
    13  amended  by  chapter  475  of  the  laws  of 2014, is amended to read as
    14  follows:
    15    (q) Each partner of a registered limited liability partnership  formed
    16  to  provide  medical services in this state must be licensed pursuant to
    17  article 131 of the education law to practice medicine in this state  and
    18  each  partner  of  a  registered limited liability partnership formed to
    19  provide dental services in this state must be licensed pursuant to arti-
    20  cle 133 of the education law to practice dentistry in this state.   Each
    21  partner  of a registered limited liability partnership formed to provide
    22  naturopathic services in this state must be licensed pursuant to article
    23  138 of the education law to practice naturopathy  in  this  state.  Each
    24  partner  of a registered limited liability partnership formed to provide
    25  veterinary services in this state must be licensed pursuant  to  article
    26  135  of the education law to practice veterinary medicine in this state.
    27  Each partner of a registered limited  liability  partnership  formed  to
    28  provide  professional  engineering, land surveying, geological services,
    29  architectural and/or landscape architectural services in this state must
    30  be licensed pursuant to article 145, article 147 and/or article  148  of
    31  the  education  law  to practice one or more of such professions in this
    32  state. Each partner of a registered limited liability partnership formed
    33  to provide licensed clinical social work services in this state must  be
    34  licensed  pursuant to article 154 of the education law to practice clin-
    35  ical social work in this state. Each partner  of  a  registered  limited
    36  liability  partnership  formed to provide creative arts therapy services
    37  in this state must be licensed pursuant to article 163 of the  education
    38  law  to  practice creative arts therapy in this state. Each partner of a
    39  registered limited liability partnership formed to provide marriage  and
    40  family therapy services in this state must be licensed pursuant to arti-
    41  cle  163 of the education law to practice marriage and family therapy in
    42  this state. Each partner of a registered limited  liability  partnership
    43  formed  to  provide mental health counseling services in this state must
    44  be licensed pursuant to article 163 of the  education  law  to  practice
    45  mental  health  counseling  in  this state. Each partner of a registered
    46  limited liability partnership formed to provide psychoanalysis  services
    47  in  this state must be licensed pursuant to article 163 of the education
    48  law to practice psychoanalysis in this state. Each partner of  a  regis-
    49  tered  limited  liability partnership formed to provide applied behavior
    50  analysis service in this state must be licensed or certified pursuant to
    51  article 167 of the education law to practice applied  behavior  analysis
    52  in this state.
    53    §  7.  Subdivision  (q) of section 121-1502 of the partnership law, as
    54  amended by chapter 554 of the laws  of  2013,  is  amended  to  read  as
    55  follows:

        S. 4917--A                         24
 
     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
     7  a foreign limited  liability  partnership  which  provides  naturopathic
     8  services  in  this state must be licensed pursuant to article 138 of the
     9  education law to practice naturopathy in this state. Each partner  of  a
    10  foreign  limited liability partnership which provides veterinary service
    11  in the state shall be licensed pursuant to article 135 of the  education
    12  law  to  practice  veterinary  medicine in this state. Each partner of a
    13  foreign limited liability partnership which provides professional  engi-
    14  neering,  land  surveying,  architectural and/or landscape architectural
    15  services in this state must be licensed pursuant to article 145, article
    16  147 and/or article 148 of the education law to practice one or  more  of
    17  such  professions.  Each partner of a foreign limited liability partner-
    18  ship which provides licensed clinical social work services in this state
    19  must be licensed pursuant to article 154 of the education law  to  prac-
    20  tice  licensed  clinical  social  work  in this state. Each partner of a
    21  foreign limited liability partnership which provides creative arts ther-
    22  apy services in this state must be licensed pursuant to article  163  of
    23  the  education law to practice creative arts therapy in this state. Each
    24  partner of  a  foreign  limited  liability  partnership  which  provides
    25  marriage  and  family  therapy  services  in this state must be licensed
    26  pursuant to article 163 of the education law to  practice  marriage  and
    27  family  therapy in this state. Each partner of a foreign limited liabil-
    28  ity partnership which provides mental health counseling services in this
    29  state must be licensed pursuant to article 163 of the education  law  to
    30  practice  mental  health  counseling  in  this  state. Each partner of a
    31  foreign limited  liability  partnership  which  provides  psychoanalysis
    32  services  in  this state must be licensed pursuant to article 163 of the
    33  education law to practice psychoanalysis in this state. Each partner  of
    34  a  foreign limited liability partnership which provides applied behavior
    35  analysis services in this state must be licensed or  certified  pursuant
    36  to  article 167 of the education law to practice applied behavior analy-
    37  sis in this state.
    38    § 7-a. Subdivision (q) of section 121-1500 of the partnership law,  as
    39  amended  by  chapter  475  of  the  laws  of 2014, is amended to read as
    40  follows:
    41    (q) Each partner of a  foreign  limited  liability  partnership  which
    42  provides  medical  services  in  this state must be licensed pursuant to
    43  article 131 of the education law to practice medicine in the  state  and
    44  each  partner  of a foreign limited liability partnership which provides
    45  dental services in the state must be licensed pursuant to article 133 of
    46  the education law to practice dentistry in this state. Each partner of a
    47  foreign  limited  liability  partnership  which  provides   naturopathic
    48  services  in  this state must be licensed pursuant to article 138 of the
    49  education law to practice naturopathy in this state. Each partner  of  a
    50  foreign  limited liability partnership which provides veterinary service
    51  in the state shall be licensed pursuant to article 135 of the  education
    52  law  to  practice  veterinary medicine in this state.  Each partner of a
    53  foreign limited liability partnership which provides professional  engi-
    54  neering, land surveying, geological services, architectural and/or land-
    55  scape  architectural services in this state must be licensed pursuant to
    56  article 145, article 147 and/or article 148  of  the  education  law  to

        S. 4917--A                         25
 
     1  practice  one  or  more  of  such professions. Each partner of a foreign
     2  limited liability partnership which provides  licensed  clinical  social
     3  work  services in this state must be licensed pursuant to article 154 of
     4  the  education  law  to  practice  licensed clinical social work in this
     5  state. Each partner of a foreign  limited  liability  partnership  which
     6  provides  creative  arts therapy services in this state must be licensed
     7  pursuant to article 163 of the education law to practice  creative  arts
     8  therapy in this state. Each partner of a foreign limited liability part-
     9  nership  which  provides  marriage  and  family therapy services in this
    10  state must be licensed pursuant to article 163 of the education  law  to
    11  practice  marriage  and  family therapy in this state. Each partner of a
    12  foreign limited liability partnership which provides mental health coun-
    13  seling services in this state must be licensed pursuant to  article  163
    14  of the education law to practice mental health counseling in this state.
    15  Each  partner  of a foreign limited liability partnership which provides
    16  psychoanalysis services in this state must be licensed pursuant to arti-
    17  cle 163 of the education law to practice psychoanalysis in  this  state.
    18  Each  partner  of a foreign limited liability partnership which provides
    19  applied behavior analysis services in this state  must  be  licensed  or
    20  certified  pursuant  to  article  167  of  the education law to practice
    21  applied behavior analysis in this state.
    22    § 8. Paragraph (a) of subdivision 1  of  section  413  of  the  social
    23  services  law, as separately amended by chapters 126 and 205 of the laws
    24  of 2014, is amended to read as follows:
    25    (a) The following persons and officials  are  required  to  report  or
    26  cause  a  report to be made in accordance with this title when they have
    27  reasonable cause to suspect that a child coming  before  them  in  their
    28  professional  or  official capacity is an abused or maltreated child, or
    29  when they have reasonable cause to suspect that a child is an abused  or
    30  maltreated  child  where the parent, guardian, custodian or other person
    31  legally responsible for such child comes before them  in  their  profes-
    32  sional  or  official  capacity and states from personal knowledge facts,
    33  conditions or circumstances which, if correct, would render the child an
    34  abused or maltreated child: any physician; registered physician  assist-
    35  ant;  surgeon;  medical  examiner;  coroner;  dentist; dental hygienist;
    36  osteopath; optometrist; chiropractor; podiatrist;  naturopathic  doctor;
    37  resident;  intern;  psychologist; registered nurse; social worker; emer-
    38  gency medical technician; licensed  creative  arts  therapist;  licensed
    39  marriage   and  family  therapist;  licensed  mental  health  counselor;
    40  licensed psychoanalyst; licensed behavior  analyst;  certified  behavior
    41  analyst assistant; hospital personnel engaged in the admission, examina-
    42  tion,  care  or  treatment of persons; a Christian Science practitioner;
    43  school official, which includes but is not limited  to  school  teacher,
    44  school  guidance  counselor,  school psychologist, school social worker,
    45  school nurse, school administrator or other school personnel required to
    46  hold a teaching or administrative license or certificate; full or  part-
    47  time  compensated  school employee required to hold a temporary coaching
    48  license or professional coaching certificate;  social  services  worker;
    49  director  of  a  children's overnight camp, summer day camp or traveling
    50  summer day camp, as such camps are defined in section  thirteen  hundred
    51  ninety-two  of the public health law; day care center worker; school-age
    52  child care worker; provider of family or group family day care; employee
    53  or volunteer in  a  residential  care  facility  for  children  that  is
    54  licensed,  certified  or  operated  by the office of children and family
    55  services; or any other child care or foster care worker;  mental  health
    56  professional;  substance  abuse  counselor;  alcoholism  counselor;  all

        S. 4917--A                         26
 
     1  persons credentialed by the office of  alcoholism  and  substance  abuse
     2  services;  peace officer; police officer; district attorney or assistant
     3  district attorney; investigator employed in the  office  of  a  district
     4  attorney; or other law enforcement official.
     5    § 9. Subdivision 6 of section 571 of the public health law, as amended
     6  by chapter 444 of the laws of 2013, is amended to read as follows:
     7    6.  "Qualified  health  care professional" means a physician, dentist,
     8  podiatrist, naturopathic doctor, optometrist performing a clinical labo-
     9  ratory test that does not use an invasive modality as defined in section
    10  seventy-one hundred one  of  the  education  law,  physician  assistant,
    11  specialist  assistant,  nurse  practitioner, or midwife, who is licensed
    12  and registered with the state education department.
    13    § 10. Subdivision 1 of section 585 of the public health law, as  added
    14  by chapter 803 of the laws of 1992, is amended to read as follows:
    15    1.  "Health  services  purveyor"  means any person, firm, partnership,
    16  group, association, corporation  or  professional  corporation,  or  any
    17  agent,  employee, fiduciary, employer or representative thereof, includ-
    18  ing but not limited to a physician,  dentist,  podiatrist,  naturopathic
    19  doctor or chiropractor, either in individual practice, group practice or
    20  employed  in  a  facility owned by any person, group, association, firm,
    21  partnership or corporation hiring any of the aforementioned  practition-
    22  ers, who provide health or health related services.
    23    §  11.  This  act  shall  take effect on the five hundred fortieth day
    24  after it shall have become a law; provided however, that:
    25    a. section eight of this act shall take effect  immediately;  provided
    26  however that;
    27    b.  the  amendments  to subdivision (a) of section 1203 of the limited
    28  liability company law made by section three-a of  this  act  shall  take
    29  effect  on the same date and in the same manner as section twenty-one of
    30  chapter 475 of the laws of 2014, takes effect;
    31    c. the amendments to subdivision (a) of section 1207  of  the  limited
    32  liability  company  law  made  by  section four-a of this act shall take
    33  effect on the same date and in the same manner as section twenty-two  of
    34  chapter 475 of the laws of 2014, takes effect;
    35    d.  the  amendments  to subdivision (a) of section 1301 of the limited
    36  liability company law made by section five-a  of  this  act  shall  take
    37  effect  on  the same date and in the same manner as section twenty-three
    38  of chapter 475 of the laws of 2014, takes effect;
    39    e. the amendments to subdivision (q) of section 121-1500 of the  part-
    40  nership  law  made by section six-a of this act shall take effect on the
    41  same date and in the same manner as section twenty-six of chapter 475 of
    42  the laws of 2014, takes effect;
    43    f. the amendments to subdivision (q) of section 121-1502 of the  part-
    44  nership law made by section seven-a of this act shall take effect on the
    45  same  date and in the same manner as section twenty-seven of chapter 475
    46  of the laws of 2014, takes effect;
    47    g. the provisions of section 6854 of the education law,  as  added  by
    48  section two of this act, shall take effect two years after the effective
    49  date of this act;
    50    h.  the  provisions  of section 6856 of the education law, as added by
    51  section two of this act, shall expire and be deemed repealed  ten  years
    52  after the effective date of this act;
    53    i.  the  provisions of sections 6858 and 6861 of the education law, as
    54  added by section two of this act, shall expire and  be  deemed  repealed
    55  twenty years after the effective date of this act;

        S. 4917--A                         27
 
     1    j.  the  provisions  of section 6862 of the education law, as added by
     2  section two of this act, shall take effect three years after the  effec-
     3  tive date of this act; and
     4    k. effective immediately, the addition, amendment and/or repeal of any
     5  rule  or  regulation necessary for the implementation of this act on its
     6  effective date are authorized and directed to be made and  completed  by
     7  the commissioner of education and the board of regents on or before such
     8  effective date.
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