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S10291 Summary:

BILL NOS10291
 
SAME ASSAME AS A10436
 
SPONSORZELLNER
 
COSPNSR
 
MLTSPNSR
 
Amd §1412, N-PC L
 
Authorizes licensed occupational therapists who are members of the faculty of a college or university with an accredited occupational therapy program to create a university faculty practice corporation for occupational therapy students to receive clinical instruction.
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S10291 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          10291
 
                    IN SENATE
 
                                      May 11, 2026
                                       ___________
 
        Introduced  by  Sen. ZELLNER -- read twice and ordered printed, and when
          printed to be committed to the Committee on Corporations,  Authorities
          and Commissions
 
        AN  ACT  to  amend  the  not-for-profit  corporation law, in relation to
          authorizing university faculty practice corporations for the  practice
          of occupational therapy

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Subdivisions (a), (c) and (e) of section 1412 of  the  not-
     2  for-profit  corporation  law,  as  amended by chapter 323 of the laws of
     3  2012, are amended to read as follows:
     4    (a) Organization. Notwithstanding any other provision of law,  one  or
     5  more  individuals  who  are  duly  authorized  by law to render the same
     6  professional service, which shall be the practice of medicine, the prac-
     7  tice of dentistry, the practice of chiropractics, the practice of  phys-
     8  ical  therapy,  the practice of occupational therapy, or the practice of
     9  optometry, and who are members of the faculty  of  the  same  accredited
    10  medical  school, dental school, chiropractic college, college or univer-
    11  sity with an accredited doctor of physical therapy program,  college  or
    12  university with an accredited occupational therapy program, or optometry
    13  college,  as applicable, in the state of New York may organize, or cause
    14  to be organized, a university faculty practice  corporation  under  this
    15  article  (1)  for  the  purpose of supporting the educational mission of
    16  such  school  by  providing  clinical  instruction  and  supervision  of
    17  students  of  such  school, interns and residents and, incident thereto,
    18  rendering professional services and  (2)  which  shall  be  operated  in
    19  compliance  with  (A)  section  501(c)(3)  of the United States internal
    20  revenue code and (B) the faculty practice plan with which members of the
    21  faculty of such school are required to comply, as amended from  time  to
    22  time.
    23    (c)  Certificate of incorporation. The certificate of incorporation of
    24  a university faculty practice corporation shall meet the requirements of
    25  this chapter and shall have attached thereto a  certificate  or  certif-
    26  icates  issued  by  the  licensing authority certifying that each of the
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14909-01-6

        S. 10291                            2
 
     1  proposed members, if any, directors and officers is authorized by law to
     2  practice the profession which the  corporation  is  being  organized  to
     3  practice.  The  certificate shall also state (1) the name of the medical
     4  school,  dental school, chiropractic college, college or university with
     5  an accredited doctor of physical therapy program, college or  university
     6  with  an  accredited occupational therapy program, or optometry college,
     7  as applicable, in the state of New York of which the  proposed  members,
     8  if any, directors and officers are faculty and (2) that such corporation
     9  shall  operate  in  compliance  with (A) section 501(c)(3) of the United
    10  States internal revenue code and (B)  the  faculty  practice  plan  with
    11  which  members  of the faculty of such school are required to comply, as
    12  amended from time to time.
    13    (e) Applicability of laws; members, directors and officers. This chap-
    14  ter shall be applicable to a  university  faculty  practice  corporation
    15  except  to  the  extent  that  the provisions thereof conflict with this
    16  section. A university faculty practice corporation  may  consolidate  or
    17  merge  only  with  another  university faculty practice corporation. The
    18  following provisions of article fifteen of the business corporation  law
    19  shall  be applicable to a university faculty practice corporation except
    20  that each reference in such  provisions  to  a  "shareholder"  shall  be
    21  deemed  to  be  a  reference  to  a  "member" and each reference in such
    22  provisions to "shareholders" shall be deemed a reference  to  "members":
    23  paragraphs  (a),  (b), (c) and (e) of section fifteen hundred one; para-
    24  graphs (b), (c) and (d) of section  fifteen  hundred  three;  paragraphs
    25  (a),  (c)  and  (g)  of  section  fifteen  hundred four; section fifteen
    26  hundred five; section fifteen hundred nine except  to  the  extent  such
    27  section  refers to section fifteen hundred ten; paragraph (a) of section
    28  fifteen hundred twelve; section fifteen hundred  fourteen;  and  section
    29  fifteen  hundred  fifteen.    No individual may be a member, director or
    30  officer of a university faculty practice corporation unless  such  indi-
    31  vidual  is  authorized  by  law to practice in this state the profession
    32  which such corporation is authorized to practice and is a member of  the
    33  faculty  of  the  medical  school,  dental school, chiropractic college,
    34  college or university with an  accredited  doctor  of  physical  therapy
    35  program,  college  or university with an accredited occupational therapy
    36  program, or optometry college which such  corporation  is  organized  to
    37  support.
    38    § 2. This act shall take effect immediately.
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