Add Art 138 6850 - 6861, amd 7605, 8410 & 7805, Ed L; amd 1203, 1207 & 1301, Lim Lil L; amd 121-1500 &
121-1502, Partn L; amd 413, Soc Serv L; amd 571, 585 & 579 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.
STATE OF NEW YORK
________________________________________________________________________
4825--A
2019-2020 Regular Sessions
IN ASSEMBLY
February 5, 2019
___________
Introduced by M. of A. ORTIZ, BENEDETTO, STIRPE, GRIFFIN, ASHBY, McDO-
NALD, EPSTEIN -- Multi-Sponsored by -- M. of A. ENGLEBRIGHT -- read
once and referred to the Committee on Higher Education -- recommitted
to the Committee on Higher Education in accordance with Assembly Rule
3, sec. 2 -- committee discharged, bill amended, ordered reprinted as
amended and recommitted to said committee
AN ACT to amend the education law, the limited liability company law,
the partnership law and the public health law, in relation to the
practice of naturopathy; and to amend the social services law, in
relation to the reporting of child abuse
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The education law is amended by adding a new article 138 to
2 read as follows:
3 ARTICLE 138
4 NATUROPATHIC MEDICINE
5 Section 6850. Introduction.
6 6851. Definition of the practice of naturopathic medicine.
7 6852. Practice of naturopathic medicine and use of title "Natu-
8 ropathic Doctor".
9 6853. Injection therapy and injection therapy privilege.
10 6854. Boundaries of professional competence.
11 6855. State board for naturopathic medicine.
12 6856. Qualifications for licensure.
13 6857. Special provisions.
14 6858. Exempt persons and exemptions.
15 6859. Limited residency permits.
16 6860. Limited permits.
17 6861. Mandatory continuing education.
18 § 6850. Introduction. This article applies to the licensure and regu-
19 lation of naturopathic doctors to practice naturopathic medicine in this
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD08497-03-9
A. 4825--A 2
1 state. The general provisions for all professions contained in article
2 one hundred thirty, as added by chapter nine hundred eighty-seven of the
3 laws of nineteen hundred seventy-one, of this title apply to this arti-
4 cle.
5 § 6851. Definition of the practice of naturopathic medicine. 1. The
6 practice of naturopathic medicine, a distinct and comprehensive system
7 of primary health care, is defined as facilitating wellness and prevent-
8 ing, diagnosing and treating any human disease, pain, injury, deformity,
9 physical condition, or maladaptive behavior using methods, including,
10 but not limited to:
11 a. patient interview.
12 b. comprehensive physical examination.
13 c. ordering and prescribing laboratory tests and procedures with labo-
14 ratories that hold a permit pursuant to title five of article five of
15 the public health law.
16 d. administering in-office laboratory tests and provider-performed
17 microscopy procedures under a clinical laboratory improvement amendment
18 of 1988 (CLIA) certificate, as an adjunct to the treatment of his or her
19 own patients.
20 e. specimen collection methods including, patient submission, phlebo-
21 tomy, hair specimen cutting, nasopharyngeal wash, and procedures for
22 collecting tissue, secretions, excretions and cytology samples with a
23 speculum, spatula, swab, brush or container.
24 f. ordering and prescribing diagnostic imaging including radiography,
25 tomography, magnetic resonance imaging, ultrasonography and thermogra-
26 phy, and excluding ordering and prescribing nuclear medicine and fluo-
27 roscopy.
28 g. using ingestible sensors in the alimentary canal for diagnostic
29 purposes.
30 h. administering and prescribing diet and lifestyle counseling and
31 patient education as to circumstances of health and illness.
32 i. administering and prescribing counseling, biofeedback, and hypnosis
33 with the intent of assisting a person to manage stressors, modify mala-
34 daptive behavior and maintain wellness.
35 j. administering and prescribing naturopathic manual therapy as the
36 application of touch, massage, stretching, resistance, joint mobiliza-
37 tion and joint manipulation.
38 k. administering and prescribing therapeutic exercise.
39 l. administering and prescribing naturopathic physical agent modali-
40 ties of hydrotherapy, colonic irrigation, electrotherapy, diathermy,
41 ultrasound and phototherapy.
42 m. administering, prescribing, ordering and dispensing therapeutic
43 devices that do not require a prescription.
44 n. prescribing, ordering, installing, removing and adjusting barrier
45 contraceptive devices.
46 o. administering, prescribing, ordering, and dispensing substances
47 that do not require a prescription under the federal food, drug and
48 cosmetic act, as amended, including, but not limited to, over-the-coun-
49 ter drugs, vitamins, minerals, amino acids, botanical preparations,
50 homeopathic preparations, dietary supplements, food concentrates, food
51 extracts and other dietary ingredients.
52 p. administering and prescribing the following drugs for which a
53 prescription is required under the federal food, drug and cosmetic act:
54 (i) epinephrine to treat anaphylaxis; and
55 (ii) natural and synthetic hormones.
A. 4825--A 3
1 2. In the practice of naturopathic medicine a naturopathic doctor may
2 use routes of administration that include oral, sublingual, buccal,
3 nasal, auricular, ocular, rectal, vaginal, transdermal, and, for
4 epinephrine, injection by auto-injection device.
5 3. In the practice of naturopathic medicine a naturopathic doctor may
6 use medical devices that are exempt or are class i or class ii devices
7 identified under title twenty-one of the code of federal regulations.
8 § 6852. Practice of naturopathic medicine and use of title "Naturo-
9 pathic Doctor". 1. Only a person licensed under this article may use the
10 title "naturopathic doctor", "licensed naturopath" or "professional
11 naturopath" and hold herself or himself out as practicing naturopathic
12 medicine.
13 2. No person licensed under this article shall hold herself or himself
14 out as practicing any other profession regulated by this title, or use a
15 title of any other profession, unless otherwise authorized under this
16 title.
17 § 6853. Injection therapy and injection therapy privilege. 1. For
18 issuance of a privilege to practice injection therapy as such term is
19 used in this article, the applicant shall fulfill the following require-
20 ments:
21 a. Application: file an application with the department for the
22 injection therapy privilege;
23 b. License status: be licensed or hold either a limited residency
24 permit or limited permit to practice the profession of naturopathic
25 medicine in this state;
26 c. Training: (i) have successfully completed a course in injection
27 therapy having a syllabus and practicum in accordance with regulations
28 promulgated by the commissioner from a course provider approved by the
29 department; (ii) have successfully completed training in injection ther-
30 apy as part of a program of naturopathic medicine registered with the
31 department or the substantial equivalent thereof; or (iii) provide
32 documentation that he or she has training and experience in injection
33 therapy that is acceptable to the department;
34 d. Fee: pay a fee to the department of two hundred dollars for the
35 issuance and initial registration of the injection therapy privilege.
36 2. An injection therapy privilege issued under this section shall be
37 valid for the life of the holder, unless revoked, annulled, or suspended
38 by the board of regents, or unless expired. Such a privilege shall be
39 subject to the same oversight and disciplinary provisions as licenses
40 issued under this title. The holder of a privilege issued under this
41 section shall register with the department as a privilege holder in the
42 same manner and subject to the same provisions as required of a licensee
43 pursuant to section sixty-five hundred two of this title. The fee for
44 such registration shall be one hundred dollars. The registration period
45 for a privilege holder shall be coterminous with his or her registration
46 by license or permit to practice the profession of naturopathic medi-
47 cine.
48 3. A student in a doctoral program of naturopathic medicine acceptable
49 to the department or the substantial equivalent thereof may perform
50 injection therapy in an internship or preceptorship setting when
51 required as part of such program for the purpose of fulfilling such
52 program requirement only under the direct supervision of a physician
53 licensed under this title or a naturopathic doctor licensed under this
54 article having injection therapy privilege who is professionally respon-
55 sible for the performance of the injection procedure, and is able to be
56 available to furnish assistance and direction throughout the performance
A. 4825--A 4
1 of the injection procedure, but need not be present in the room when the
2 injection procedure is performed.
3 4. (a) Injection therapy is administering and prescribing, in compli-
4 ance with federal and state law, the following: (i) these substances,
5 when such substances are chemically identical to those for sale without
6 a prescription: vitamins, minerals, amino acids, glutathione, botan-
7 icals and their extracts, homeopathic preparations, electrolytes, sugars
8 and diluents; and (ii) natural and synthetic hormones, lidocaine and
9 plasma.
10 (b) Injection therapy is limited to the following routes of adminis-
11 tration: intravenous, intramuscular, intra-articular, subcutaneous and
12 intradermal.
13 § 6854. Boundaries of professional competence. The activities encom-
14 passed within the definition of the practice of naturopathic medicine
15 shall not include:
16 1. administering or prescribing controlled substances;
17 2. diagnostic and therapeutic methods in which bone, viscera, the
18 eyeball, the inner ear, the dorsal body cavity, or the ventral body
19 cavity is penetrated by a physical device;
20 3. surgery as a medical procedure for structurally altering the human
21 body by cutting into live human tissue for the purpose of localized
22 alteration, transportation, or destruction of live human tissue using
23 ionizing radiation or an instrument, such as a laser, scalpel or probe.
24 Nothing in this delimitation of surgery shall preclude injection;
25 4. administering radiological procedures using ionizing radiation
26 above background levels;
27 5. administering or prescribing general or spinal anesthetic drugs;
28 6. obstetric services following detection of pregnancy through deliv-
29 ery or termination, other than prenatal wellness care;
30 7. acupuncture;
31 8. setting fractures;
32 9. treatment for malignancies other than ancillary therapies provided
33 in collaboration with an oncologist;
34 10. emergency care services for treating injuries or trauma from a
35 serious accident or a violent crime, except as permitted by article
36 thirty of the public health law; and
37 11. marital and family therapy, psychoanalysis and creative arts ther-
38 apy.
39 § 6855. State board for naturopathic medicine. 1. A state board for
40 naturopathic medicine shall be appointed by the board of regents on the
41 recommendation of the commissioner for the purpose of assisting the
42 board of regents and the department on matters of professional licensing
43 and professional conduct in accordance with section sixty-five hundred
44 eight of this title. The board shall be composed of two members of the
45 public who are consumers of naturopathic medicine and not employed by
46 nor practitioners of naturopathic medicine under this article, two
47 licensed physicians who are a doctor of medicine or a doctor of osteopa-
48 thy, and not less than six persons licensed under this article. A
49 naturopathic doctor member of the board shall have been licensed under
50 this article for at least two years prior to being appointed, which two
51 year license requirement is waived for the initial board and replaced
52 with a requirement that the naturopathic doctor obtain a license under
53 this article within one year of appointment or one year of the effective
54 date of this article, whichever comes later. The terms of the first
55 appointed members shall be staggered so that three are appointed for
56 three years, three are appointed for four years, and four are appointed
A. 4825--A 5
1 for five years. An executive secretary of the board shall be appointed
2 by the board of regents on the recommendation of the commissioner.
3 2. Examinations selected or prepared by the board pursuant to subdivi-
4 sion two of section sixty-five hundred eight of this title shall conform
5 whenever possible to nationally recognized test development standards
6 and test competencies for naturopathic medicine.
7 § 6856. Qualifications for licensure. To qualify for a license to
8 practice the profession of naturopathic medicine, an applicant shall
9 fulfill the following requirements:
10 1. Application: file an application with the department;
11 2. Education: have received an education, including a doctoral degree
12 in naturopathic medicine, granted on the basis of completion of a
13 program of naturopathic medicine registered with the department or the
14 substantial equivalent thereof, in accordance with the commissioner's
15 regulations;
16 3. Experience: have satisfactorily completed a post-graduate residen-
17 cy program of naturopathic medicine of at least twelve months duration
18 approved by the department, or the substantial equivalent thereof, and
19 in accordance with the commissioner's regulations;
20 4. Examination: pass an examination satisfactory to the board and in
21 accordance with the commissioner's regulations;
22 5. Age: be at least twenty-one years of age;
23 6. Character: be of good moral character as determined by the depart-
24 ment; and
25 7. Fee: pay a fee of three hundred fifty dollars to the department for
26 an initial license and a fee of five hundred dollars for each triennial
27 registration period.
28 § 6857. Special provisions. 1. Post-effective date graduates. A person
29 shall qualify for a license to practice the profession of naturopathic
30 medicine without residency experience, provided that within ten years of
31 the effective date of this article, the person meets the following
32 requirements:
33 a. as per section sixty-eight hundred fifty-three of this article,
34 files an application, meets the education, examination, age and charac-
35 ter requirements, and pays the appropriate fees; and
36 b. establishes proof of practice by (i) providing satisfactory
37 evidence of practice of naturopathic medicine to the department of not
38 less than three years during the five years preceding the filing of the
39 application, or (ii) practicing under a limited permit in the state for
40 at least two of the three years preceding the filing of the application.
41 2. Pre-nineteen hundred eighty-eight graduates. A person shall qualify
42 for a license to practice the profession of naturopathic medicine with-
43 out residency experience or examination, provided that within ten years
44 of the effective date of this article, the person meets the following
45 requirements:
46 a. as per section sixty-eight hundred fifty-three of this article,
47 files an application, meets the age and character requirements, and pays
48 the appropriate fees; and
49 b. has graduated prior to January first, nineteen hundred eighty-eight
50 from a doctoral degree program of naturopathic medical education from
51 John Bastyr College of Naturopathic Medicine, later renamed Bastyr
52 University, or National College of Naturopathic Medicine, later renamed
53 National University of Natural Medicine; and
54 c. establishes proof of practice by (i) providing satisfactory
55 evidence of practice of naturopathic medicine to the department of not
56 less than three years during the five years preceding the filing of the
A. 4825--A 6
1 application, or (ii) practicing under a limited permit in the state for
2 at least two of the three years preceding the filing of the application.
3 3. Post-nineteen hundred eighty-seven pre-effective date graduates. A
4 person shall qualify for a license to practice the profession of naturo-
5 pathic medicine with or without residency experience, provided that
6 within ten years of the effective date of this article, the person meets
7 the following requirements:
8 a. as per section sixty-eight hundred fifty-three of this article,
9 files an application, meets the age and character requirements, and pays
10 the appropriate fees; and
11 b. have graduated from a doctoral degree program of naturopathic
12 medical education that at the time of graduation was accredited by the
13 council on naturopathic medical education; and
14 c. establish proof of practice by (i) having successfully completed,
15 no more than three years prior to filing the application, a post-gradu-
16 ate residency program of naturopathic medicine of at least twelve months
17 duration sponsored by an institution approved by the council on naturo-
18 pathic medical education to sponsor residency programs; (ii) providing
19 satisfactory evidence of practice of naturopathic medicine to the
20 department of not less than three years during the five years preceding
21 the filing of the application; or (iii) practicing under a limited
22 permit in the state for at least two of the three years preceding the
23 filing of the application; and
24 d. have passed the naturopathic physicians licensing examinations
25 (NPLEX) administered by the North American board of naturopathic examin-
26 ers.
27 4. The "practice of naturopathic medicine" as used in this section
28 includes the practice of naturopathy or naturopathic medicine in a state
29 or territory of the United States, including New York state, or a Cana-
30 dian province, while maintaining a professional license in naturopathy
31 or naturopathic medicine issued by the same or another state or territo-
32 ry or a Canadian province; and includes practice performed before and
33 after the effective date of this article.
34 § 6858. Exempt persons and exemptions. Nothing contained in this arti-
35 cle shall be construed to affect or prevent the following:
36 1. The practice, conduct, activities or services of any person
37 licensed under this title performed incidental to the practice of his or
38 her profession, provided, however, that no such person may use the title
39 naturopathic doctor nor use the words "naturopathic medicine" to
40 describe his or her services, unless licensed under this article.
41 2. A student, intern or resident from engaging in the practice of
42 naturopathic medicine while participating in the education or experience
43 requirements defined in subdivisions two and three of section sixty-
44 eight hundred fifty-seven of this article.
45 3. The practice of naturopathic medicine by a salaried employee of the
46 government of the United States while the individual is engaged in the
47 performance of duties prescribed by the laws and regulations of the
48 United States.
49 4. The domestic care of the sick, disabled or injured by any family
50 member, household member or friend, or person employed primarily in a
51 domestic capacity who does not hold himself or herself out, or accept
52 employment as a person licensed to practice naturopathic medicine under
53 the provisions of this article.
54 5. The care of the sick when done in connection with the practice of
55 the religious tenets of any church.
A. 4825--A 7
1 6. The marketing, sale or use of substances or devices governed by the
2 Federal Food, Drug, and Cosmetic Act that do not require a prescription
3 from a qualified healthcare provider.
4 7. The conduct, activities, or services of individuals, churches,
5 schools, teachers, organizations, or not-for-profit businesses in
6 providing instruction, advice, support, encouragement, or information to
7 individuals, families, and relational groups.
8 8. A person who does not hold himself or herself out to be a licensed
9 naturopathic doctor form providing general non-medical applications of
10 air, light, water, food and herbs to the body.
11 § 6859. Limited residency permits. 1. Eligibility: For issuance of a
12 limited residency permit, the applicant shall fulfill the following
13 requirements:
14 a. Application: file an application with the department for a limited
15 residency permit;
16 b. Education: have received an education, including a doctoral degree
17 in naturopathic medicine, granted on the basis of completion of a
18 program of naturopathic medicine registered with the department or the
19 substantial equivalent thereof;
20 c. Acceptance: have been accepted into a post-graduate residency
21 program of naturopathic medicine approved by the department;
22 d. Character: be of good moral character as determined by the depart-
23 ment; and
24 e. Age: be at least twenty-one years of age.
25 2. Limits of practice: All practices under a limited residency permit
26 shall be limited to facilities encompassed by the post-graduate residen-
27 cy program of the permit holder, such as a hospital, an incorporated
28 hospital or clinic, a licensed proprietary hospital, a licensed nursing
29 home, a public health agency, a recognized public or non-public school
30 setting, the office of a licensed naturopathic doctor, the office of a
31 licensed physician, or in the civil service of the state or political
32 subdivision thereof. Practice supervision of a permit holder's practice
33 activities shall be direct supervision by a licensed naturopathic doctor
34 or a licensed physician who is professionally responsible for the
35 performance of the procedure, and is capable of responding to a request
36 for assistance within a timeframe that poses no risk to the patient.
37 3. Duration: A limited residency permit shall be valid for one year
38 and may be renewed at the discretion of the department for up to two
39 years at the discretion of the department.
40 4. Fee: The fee for each limited residency permit shall be one hundred
41 dollars. The fee for each renewal shall be fifty dollars.
42 § 6860. Limited permits. 1. Eligibility: A limited permit is issued
43 for the purpose of permitting an applicant to establish proof of prac-
44 tice for purposes of meeting the requirements for licensure under the
45 special provisions of section sixty-eight hundred fifty-eight of this
46 article. For issuance of a limited permit, the applicant shall fulfill
47 the following requirements:
48 a. Application: file an application with the department for a limited
49 permit within nine years of the effective date of this article;
50 b. Character: be of good moral character as determined by the depart-
51 ment;
52 c. Age: be at least twenty-one years of age; and
53 d. Special provision applicability:
54 (i) meet the education and examination requirements of section sixty-
55 eight hundred fifty-three of this article;
A. 4825--A 8
1 (ii) have graduated prior to January first, nineteen hundred eighty-
2 eight from a doctoral degree program of naturopathic medical education
3 from John Bastyr College of Naturopathic Medicine, later renamed Bastyr
4 University, or National College of Naturopathic Medicine, later renamed
5 National University of Natural Medicine; or
6 (iii) have graduated from a doctoral degree program of naturopathic
7 medical education that at the time of graduation was accredited by the
8 council on naturopathic medical education, and have passed the naturo-
9 pathic physicians licensing examinations (NPLEX) administered by the
10 North American board of naturopathic examiners.
11 2. Limit of practice: Such limited permit shall authorize the practice
12 of naturopathic medicine only under the supervision of a licensed natu-
13 ropathic doctor or a licensed physician. Supervision of the limited
14 permit holder's practice activities shall be on-site supervision by a
15 licensed naturopathic doctor or a licensed physician.
16 3. Duration: A limited permit shall be valid for a period of two
17 years, and may be renewed periodically at the discretion of the depart-
18 ment for one year periods.
19 4. Fee: The fee for each limited permit shall be two hundred dollars.
20 The fee for each renewal shall be one hundred dollars.
21 § 6861. Mandatory continuing education. 1. a. Each naturopathic doctor
22 licensed pursuant to this article, required to register triennially with
23 the department to practice in this state shall comply with the
24 provisions of the mandatory continuing education requirements prescribed
25 in subdivision two of this section, except as provided in paragraphs b
26 and c of this subdivision. Naturopathic doctors who do not satisfy the
27 mandatory continuing education requirements shall not practice until
28 they have met such requirements, and they have been issued a registra-
29 tion certificate, except that a naturopathic doctor may practice without
30 having met such requirements if he or she is issued a conditional regis-
31 tration pursuant to subdivision three of this section.
32 b. Naturopathic doctors shall be exempt from the mandatory continuing
33 education requirement for the triennial registration period during which
34 they are first licensed. In accord with the intent of this section,
35 adjustments to the mandatory continuing education requirements may be
36 granted by the department for reasons of health certified by an appro-
37 priate health care professional, for extended active duty with the armed
38 forces of the United States, or for other good cause acceptable to the
39 department, which may prevent compliance.
40 c. A licensed naturopathic doctor not engaged in professional prac-
41 tice, as determined by the department, shall be exempt from the mandato-
42 ry continuing education requirement upon the filing of a statement with
43 the department declaring such status. Any licensee who returns to the
44 practice of naturopathic medicine during the triennial registration
45 period shall notify the department prior to reentering the profession
46 and shall meet such mandatory education requirements as shall be
47 prescribed by regulations of the commissioner.
48 2. During each triennial registration period an applicant for regis-
49 tration shall complete sixty hours of acceptable formal continuing
50 education. Any licensed naturopathic doctor whose first registration
51 date following the effective date of this section occurs less than three
52 years from such effective date, shall complete continuing education
53 hours on a prorated basis at the rate of one and one-half hours per
54 month for the number of months between the effective date and the first
55 registration date. Thereafter, a licensee who has not satisfied the
56 mandatory continuing education requirements shall not be issued a trien-
A. 4825--A 9
1 nial registration certificate by the department and shall not practice
2 unless and until a conditional registration certificate is issued as
3 provided in subdivision three of this section. Continuing education
4 hours taken during one triennium may not be carried over or otherwise
5 credited or transferred to a subsequent triennium.
6 3. The department, in its discretion, may issue a conditional regis-
7 tration to a licensee who fails to meet the continuing education
8 requirements established in subdivision two of this section but who
9 agrees to make up any deficiencies and take any additional education
10 which the department may require. The fee for such a conditional regis-
11 tration shall be the same as, and in addition to, the fee for the trien-
12 nial registration. The duration of such conditional registration shall
13 be determined by the department but shall not exceed one year. Any
14 licensee who is notified of the denial of registration for failure to
15 complete the required continued education and who continues to practice
16 naturopathic medicine without such registration, shall be subject to
17 disciplinary proceedings pursuant to section sixty-five hundred ten of
18 this title.
19 4. The mandatory continuing education fee shall be fifty dollars. Such
20 fee shall be payable on or before the first day of each triennial regis-
21 tration period in addition to the triennial registration fee required by
22 section sixty-eight hundred fifty-six of this article.
23 § 2. Subdivision (a) of section 1203 of the limited liability company
24 law, as amended by chapter 475 of the laws of 2014, is amended to read
25 as follows:
26 (a) Notwithstanding the education law or any other provision of law,
27 one or more professionals each of whom is authorized by law to render a
28 professional service within the state, or one or more professionals, at
29 least one of whom is authorized by law to render a professional service
30 within the state, may form, or cause to be formed, a professional
31 service limited liability company for pecuniary profit under this arti-
32 cle for the purpose of rendering the professional service or services as
33 such professionals are authorized to practice. With respect to a
34 professional service limited liability company formed to provide medical
35 services as such services are defined in article 131 of the education
36 law, each member of such limited liability company must be licensed
37 pursuant to article 131 of the education law to practice medicine in
38 this state. With respect to a professional service limited liability
39 company formed to provide naturopathic services as such services are
40 defined in article 138 of the education law, each member of such limited
41 liability company must be licensed pursuant to article 138 of the educa-
42 tion law to practice naturopathy in this state. With respect to a
43 professional service limited liability company formed to provide dental
44 services as such services are defined in article 133 of the education
45 law, each member of such limited liability company must be licensed
46 pursuant to article 133 of the education law to practice dentistry in
47 this state. With respect to a professional service limited liability
48 company formed to provide veterinary services as such services are
49 defined in article 135 of the education law, each member of such limited
50 liability company must be licensed pursuant to article 135 of the educa-
51 tion law to practice veterinary medicine in this state. With respect to
52 a professional service limited liability company formed to provide
53 professional engineering, land surveying, architectural, landscape
54 architectural and/or geological services as such services are defined in
55 article 145, article 147 and article 148 of the education law, each
56 member of such limited liability company must be licensed pursuant to
A. 4825--A 10
1 article 145, article 147 and/or article 148 of the education law to
2 practice one or more of such professions in this state. With respect to
3 a professional service limited liability company formed to provide
4 licensed clinical social work services as such services are defined in
5 article 154 of the education law, each member of such limited liability
6 company shall be licensed pursuant to article 154 of the education law
7 to practice licensed clinical social work in this state. With respect to
8 a professional service limited liability company formed to provide crea-
9 tive arts therapy services as such services are defined in article 163
10 of the education law, each member of such limited liability company must
11 be licensed pursuant to article 163 of the education law to practice
12 creative arts therapy in this state. With respect to a professional
13 service limited liability company formed to provide marriage and family
14 therapy services as such services are defined in article 163 of the
15 education law, each member of such limited liability company must be
16 licensed pursuant to article 163 of the education law to practice
17 marriage and family therapy in this state. With respect to a profes-
18 sional service limited liability company formed to provide mental health
19 counseling services as such services are defined in article 163 of the
20 education law, each member of such limited liability company must be
21 licensed pursuant to article 163 of the education law to practice mental
22 health counseling in this state. With respect to a professional service
23 limited liability company formed to provide psychoanalysis services as
24 such services are defined in article 163 of the education law, each
25 member of such limited liability company must be licensed pursuant to
26 article 163 of the education law to practice psychoanalysis in this
27 state. With respect to a professional service limited liability company
28 formed to provide applied behavior analysis services as such services
29 are defined in article 167 of the education law, each member of such
30 limited liability company must be licensed or certified pursuant to
31 article 167 of the education law to practice applied behavior analysis
32 in this state. In addition to engaging in such profession or
33 professions, a professional service limited liability company may engage
34 in any other business or activities as to which a limited liability
35 company may be formed under section two hundred one of this chapter.
36 Notwithstanding any other provision of this section, a professional
37 service limited liability company (i) authorized to practice law may
38 only engage in another profession or business or activities or (ii)
39 which is engaged in a profession or other business or activities other
40 than law may only engage in the practice of law, to the extent not
41 prohibited by any other law of this state or any rule adopted by the
42 appropriate appellate division of the supreme court or the court of
43 appeals.
44 § 3. Subdivision (b) of section 1207 of the limited liability company
45 law, as amended by chapter 475 of the laws of 2014, is amended to read
46 as follows:
47 (b) With respect to a professional service limited liability company
48 formed to provide medical services as such services are defined in arti-
49 cle 131 of the education law, each member of such limited liability
50 company must be licensed pursuant to article 131 of the education law to
51 practice medicine in this state. With respect to a professional service
52 limited liability company formed to provide naturopathic services as
53 such services are defined in article 138 of the education law, each
54 member of such limited liability company must be licensed pursuant to
55 article 138 of the education law to practice naturopathy in this state.
56 With respect to a professional service limited liability company formed
A. 4825--A 11
1 to provide dental services as such services are defined in article 133
2 of the education law, each member of such limited liability company must
3 be licensed pursuant to article 133 of the education law to practice
4 dentistry in this state. With respect to a professional service limited
5 liability company formed to provide veterinary services as such services
6 are defined in article 135 of the education law, each member of such
7 limited liability company must be licensed pursuant to article 135 of
8 the education law to practice veterinary medicine in this state. With
9 respect to a professional service limited liability company formed to
10 provide professional engineering, land surveying, architectural, land-
11 scape architectural and/or geological services as such services are
12 defined in article 145, article 147 and article 148 of the education
13 law, each member of such limited liability company must be licensed
14 pursuant to article 145, article 147 and/or article 148 of the education
15 law to practice one or more of such professions in this state. With
16 respect to a professional service limited liability company formed to
17 provide licensed clinical social work services as such services are
18 defined in article 154 of the education law, each member of such limited
19 liability company shall be licensed pursuant to article 154 of the
20 education law to practice licensed clinical social work in this state.
21 With respect to a professional service limited liability company formed
22 to provide creative arts therapy services as such services are defined
23 in article 163 of the education law, each member of such limited liabil-
24 ity company must be licensed pursuant to article 163 of the education
25 law to practice creative arts therapy in this state. With respect to a
26 professional service limited liability company formed to provide
27 marriage and family therapy services as such services are defined in
28 article 163 of the education law, each member of such limited liability
29 company must be licensed pursuant to article 163 of the education law to
30 practice marriage and family therapy in this state. With respect to a
31 professional service limited liability company formed to provide mental
32 health counseling services as such services are defined in article 163
33 of the education law, each member of such limited liability company must
34 be licensed pursuant to article 163 of the education law to practice
35 mental health counseling in this state. With respect to a professional
36 service limited liability company formed to provide psychoanalysis
37 services as such services are defined in article 163 of the education
38 law, each member of such limited liability company must be licensed
39 pursuant to article 163 of the education law to practice psychoanalysis
40 in this state. With respect to a professional service limited liability
41 company formed to provide applied behavior analysis services as such
42 services are defined in article 167 of the education law, each member of
43 such limited liability company must be licensed or certified pursuant to
44 article 167 of the education law to practice applied behavior analysis
45 in this state.
46 § 4. Subdivision (a) of section 1301 of the limited liability company
47 law, as amended by chapter 475 of the laws of 2014, is amended to read
48 as follows:
49 (a) "Foreign professional service limited liability company" means a
50 professional service limited liability company, whether or not denomi-
51 nated as such, organized under the laws of a jurisdiction other than
52 this state, (i) each of whose members and managers, if any, is a profes-
53 sional authorized by law to render a professional service within this
54 state and who is or has been engaged in the practice of such profession
55 in such professional service limited liability company or a predecessor
56 entity, or will engage in the practice of such profession in the profes-
A. 4825--A 12
1 sional service limited liability company within thirty days of the date
2 such professional becomes a member, or each of whose members and manag-
3 ers, if any, is a professional at least one of such members is author-
4 ized by law to render a professional service within this state and who
5 is or has been engaged in the practice of such profession in such
6 professional service limited liability company or a predecessor entity,
7 or will engage in the practice of such profession in the professional
8 service limited liability company within thirty days of the date such
9 professional becomes a member, or (ii) authorized by, or holding a
10 license, certificate, registration or permit issued by the licensing
11 authority pursuant to, the education law to render a professional
12 service within this state; except that all members and managers, if any,
13 of a foreign professional service limited liability company that
14 provides health services in this state shall be licensed in this state.
15 With respect to a professional service limited liability company formed
16 to provide naturopathic services as such services are defined in article
17 138 of the education law, each member of such limited liability company
18 must be licensed pursuant to article 138 of the education law to prac-
19 tice naturopathy in this state. With respect to a foreign professional
20 service limited liability company which provides veterinary services as
21 such services are defined in article 135 of the education law, each
22 member of such foreign professional service limited liability company
23 shall be licensed pursuant to article 135 of the education law to prac-
24 tice veterinary medicine. With respect to a foreign professional service
25 limited liability company which provides medical services as such
26 services are defined in article 131 of the education law, each member of
27 such foreign professional service limited liability company must be
28 licensed pursuant to article 131 of the education law to practice medi-
29 cine in this state. With respect to a foreign professional service
30 limited liability company which provides dental services as such
31 services are defined in article 133 of the education law, each member of
32 such foreign professional service limited liability company must be
33 licensed pursuant to article 133 of the education law to practice
34 dentistry in this state. With respect to a foreign professional service
35 limited liability company which provides professional engineering, land
36 surveying, geologic, architectural and/or landscape architectural
37 services as such services are defined in article 145, article 147 and
38 article 148 of the education law, each member of such foreign profes-
39 sional service limited liability company must be licensed pursuant to
40 article 145, article 147 and/or article 148 of the education law to
41 practice one or more of such professions in this state. With respect to
42 a foreign professional service limited liability company which provides
43 licensed clinical social work services as such services are defined in
44 article 154 of the education law, each member of such foreign profes-
45 sional service limited liability company shall be licensed pursuant to
46 article 154 of the education law to practice clinical social work in
47 this state. With respect to a foreign professional service limited
48 liability company which provides creative arts therapy services as such
49 services are defined in article 163 of the education law, each member of
50 such foreign professional service limited liability company must be
51 licensed pursuant to article 163 of the education law to practice crea-
52 tive arts therapy in this state. With respect to a foreign professional
53 service limited liability company which provides marriage and family
54 therapy services as such services are defined in article 163 of the
55 education law, each member of such foreign professional service limited
56 liability company must be licensed pursuant to article 163 of the educa-
A. 4825--A 13
1 tion law to practice marriage and family therapy in this state. With
2 respect to a foreign professional service limited liability company
3 which provides mental health counseling services as such services are
4 defined in article 163 of the education law, each member of such foreign
5 professional service limited liability company must be licensed pursuant
6 to article 163 of the education law to practice mental health counseling
7 in this state. With respect to a foreign professional service limited
8 liability company which provides psychoanalysis services as such
9 services are defined in article 163 of the education law, each member of
10 such foreign professional service limited liability company must be
11 licensed pursuant to article 163 of the education law to practice
12 psychoanalysis in this state. With respect to a foreign professional
13 service limited liability company which provides applied behavior analy-
14 sis services as such services are defined in article 167 of the educa-
15 tion law, each member of such foreign professional service limited
16 liability company must be licensed or certified pursuant to article 167
17 of the education law to practice applied behavior analysis in this
18 state.
19 § 5. Subdivision (q) of section 121-1500 of the partnership law, as
20 amended by chapter 475 of the laws of 2014, is amended to read as
21 follows:
22 (q) Each partner of a registered limited liability partnership formed
23 to provide medical services in this state must be licensed pursuant to
24 article 131 of the education law to practice medicine in this state and
25 each partner of a registered limited liability partnership formed to
26 provide dental services in this state must be licensed pursuant to arti-
27 cle 133 of the education law to practice dentistry in this state. Each
28 partner of a registered limited liability partnership formed to provide
29 naturopathic services in this state must be licensed pursuant to article
30 138 of the education law to practice naturopathy in this state. Each
31 partner of a registered limited liability partnership formed to provide
32 veterinary services in this state must be licensed pursuant to article
33 135 of the education law to practice veterinary medicine in this state.
34 Each partner of a registered limited liability partnership formed to
35 provide professional engineering, land surveying, geological services,
36 architectural and/or landscape architectural services in this state must
37 be licensed pursuant to article 145, article 147 and/or article 148 of
38 the education law to practice one or more of such professions in this
39 state. Each partner of a registered limited liability partnership formed
40 to provide licensed clinical social work services in this state must be
41 licensed pursuant to article 154 of the education law to practice clin-
42 ical social work in this state. Each partner of a registered limited
43 liability partnership formed to provide creative arts therapy services
44 in this state must be licensed pursuant to article 163 of the education
45 law to practice creative arts therapy in this state. Each partner of a
46 registered limited liability partnership formed to provide marriage and
47 family therapy services in this state must be licensed pursuant to arti-
48 cle 163 of the education law to practice marriage and family therapy in
49 this state. Each partner of a registered limited liability partnership
50 formed to provide mental health counseling services in this state must
51 be licensed pursuant to article 163 of the education law to practice
52 mental health counseling in this state. Each partner of a registered
53 limited liability partnership formed to provide psychoanalysis services
54 in this state must be licensed pursuant to article 163 of the education
55 law to practice psychoanalysis in this state. Each partner of a regis-
56 tered limited liability partnership formed to provide applied behavior
A. 4825--A 14
1 analysis service in this state must be licensed or certified pursuant to
2 article 167 of the education law to practice applied behavior analysis
3 in this state.
4 § 6. Subdivision (q) of section 121-1502 of the partnership law, as
5 amended by chapter 475 of the laws of 2014, is amended to read as
6 follows:
7 (q) Each partner of a foreign limited liability partnership which
8 provides medical services in this state must be licensed pursuant to
9 article 131 of the education law to practice medicine in the state and
10 each partner of a foreign limited liability partnership which provides
11 dental services in the state must be licensed pursuant to article 133 of
12 the education law to practice dentistry in this state. Each partner of a
13 foreign limited liability partnership which provides naturopathic
14 services in this state must be licensed pursuant to article 138 of the
15 education law to practice naturopathy in this state. Each partner of a
16 foreign limited liability partnership which provides veterinary service
17 in the state shall be licensed pursuant to article 135 of the education
18 law to practice veterinary medicine in this state. Each partner of a
19 foreign limited liability partnership which provides professional engi-
20 neering, land surveying, geological services, architectural and/or land-
21 scape architectural services in this state must be licensed pursuant to
22 article 145, article 147 and/or article 148 of the education law to
23 practice one or more of such professions. Each partner of a foreign
24 limited liability partnership which provides licensed clinical social
25 work services in this state must be licensed pursuant to article 154 of
26 the education law to practice licensed clinical social work in this
27 state. Each partner of a foreign limited liability partnership which
28 provides creative arts therapy services in this state must be licensed
29 pursuant to article 163 of the education law to practice creative arts
30 therapy in this state. Each partner of a foreign limited liability part-
31 nership which provides marriage and family therapy services in this
32 state must be licensed pursuant to article 163 of the education law to
33 practice marriage and family therapy in this state. Each partner of a
34 foreign limited liability partnership which provides mental health coun-
35 seling services in this state must be licensed pursuant to article 163
36 of the education law to practice mental health counseling in this state.
37 Each partner of a foreign limited liability partnership which provides
38 psychoanalysis services in this state must be licensed pursuant to arti-
39 cle 163 of the education law to practice psychoanalysis in this state.
40 Each partner of a foreign limited liability partnership which provides
41 applied behavior analysis services in this state must be licensed or
42 certified pursuant to article 167 of the education law to practice
43 applied behavior analysis in this state.
44 § 7. Paragraph (a) of subdivision 1 of section 413 of the social
45 services law, as amended by section 7 of part C of chapter 57 of the
46 laws of 2018, is amended to read as follows:
47 (a) The following persons and officials are required to report or
48 cause a report to be made in accordance with this title when they have
49 reasonable cause to suspect that a child coming before them in their
50 professional or official capacity is an abused or maltreated child, or
51 when they have reasonable cause to suspect that a child is an abused or
52 maltreated child where the parent, guardian, custodian or other person
53 legally responsible for such child comes before them in their profes-
54 sional or official capacity and states from personal knowledge facts,
55 conditions or circumstances which, if correct, would render the child an
56 abused or maltreated child: any physician; registered physician assist-
A. 4825--A 15
1 ant; surgeon; medical examiner; coroner; dentist; dental hygienist;
2 osteopath; optometrist; chiropractor; podiatrist; naturopathic doctor;
3 resident; intern; psychologist; registered nurse; social worker; emer-
4 gency medical technician; licensed creative arts therapist; licensed
5 marriage and family therapist; licensed mental health counselor;
6 licensed psychoanalyst; licensed behavior analyst; certified behavior
7 analyst assistant; hospital personnel engaged in the admission, examina-
8 tion, care or treatment of persons; a Christian Science practitioner;
9 school official, which includes but is not limited to school teacher,
10 school guidance counselor, school psychologist, school social worker,
11 school nurse, school administrator or other school personnel required to
12 hold a teaching or administrative license or certificate; full or part-
13 time compensated school employee required to hold a temporary coaching
14 license or professional coaching certificate; social services worker;
15 employee of a publicly-funded emergency shelter for families with chil-
16 dren; director of a children's overnight camp, summer day camp or trav-
17 eling summer day camp, as such camps are defined in section thirteen
18 hundred ninety-two of the public health law; day care center worker;
19 school-age child care worker; provider of family or group family day
20 care; employee or volunteer in a residential care facility for children
21 that is licensed, certified or operated by the office of children and
22 family services; or any other child care or foster care worker; mental
23 health professional; substance abuse counselor; alcoholism counselor;
24 all persons credentialed by the office of alcoholism and substance abuse
25 services; employees, who are expected to have regular and substantial
26 contact with children, of a health home or health home care management
27 agency contracting with a health home as designated by the department of
28 health and authorized under section three hundred sixty-five-l of this
29 chapter or such employees who provide home and community based services
30 under a demonstration program pursuant to section eleven hundred fifteen
31 of the federal social security act who are expected to have regular and
32 substantial contact with children; peace officer; police officer;
33 district attorney or assistant district attorney; investigator employed
34 in the office of a district attorney; or other law enforcement official.
35 § 8. Subdivision 6 of section 571 of the public health law, as amended
36 by chapter 444 of the laws of 2013, is amended to read as follows:
37 6. "Qualified health care professional" means a physician, dentist,
38 podiatrist, naturopathic doctor, optometrist performing a clinical labo-
39 ratory test that does not use an invasive modality as defined in section
40 seventy-one hundred one of the education law, physician assistant,
41 specialist assistant, nurse practitioner, or midwife, who is licensed
42 and registered with the state education department.
43 § 9. Subdivision 1 of section 585 of the public health law, as added
44 by chapter 803 of the laws of 1992, is amended to read as follows:
45 1. "Health services purveyor" means any person, firm, partnership,
46 group, association, corporation or professional corporation, or any
47 agent, employee, fiduciary, employer or representative thereof, includ-
48 ing but not limited to a physician, dentist, podiatrist, naturopathic
49 doctor or chiropractor, either in individual practice, group practice or
50 employed in a facility owned by any person, group, association, firm,
51 partnership or corporation hiring any of the aforementioned practition-
52 ers, who provide health or health related services.
53 § 10. Subdivision 4 of section 7605 of the education law, as amended
54 by chapter 554 of the laws of 2013, is amended to read as follows:
55 4. The practice, conduct, activities, or services by any person
56 licensed or otherwise authorized to practice nursing as a registered
A. 4825--A 16
1 professional nurse or nurse practitioner within the state pursuant to
2 article one hundred thirty-nine of this title, or by any person licensed
3 to practice naturopathic medicine within the state pursuant to article
4 one hundred thirty-eight of this title or by any person licensed or
5 otherwise authorized to practice social work within the state pursuant
6 to article one hundred fifty-four of this title, or by any person
7 licensed or otherwise authorized to practice mental health counseling,
8 marriage and family therapy, creative arts therapy, or psychoanalysis
9 within the state pursuant to article one hundred sixty-three of this
10 title, or any person licensed or otherwise authorized to practice
11 applied behavior analysis within the state pursuant to article one
12 hundred sixty-seven of this title or any individual who is credentialed
13 under any law, including attorneys, rape crisis counselors, certified
14 alcoholism counselors, and certified substance abuse counselors from
15 providing mental health services within their respective established
16 authorities.
17 § 11. Subdivision 1 of section 8410 of the education law, as amended
18 by chapter 554 of the laws of 2013, is amended to read as follows:
19 1. Apply to the practice, conduct, activities, services or use of any
20 title by any person licensed or otherwise authorized to practice medi-
21 cine within the state pursuant to article one hundred thirty-one of this
22 title or by any person registered to perform services as a physician
23 assistant within the state pursuant to article one hundred thirty-one-B
24 of this title or by any person licensed or otherwise authorized to prac-
25 tice psychology within this state pursuant to article one hundred
26 fifty-three of this title or by any person licensed or otherwise author-
27 ized to practice social work within this state pursuant to article one
28 hundred fifty-four of this title, or by any person licensed or otherwise
29 authorized to practice naturopathic medicine care within this state
30 pursuant to article one hundred thirty-eight of this title, or by any
31 person licensed or otherwise authorized to practice nursing as a regis-
32 tered professional nurse or nurse practitioner within this state pursu-
33 ant to article one hundred thirty-nine of this title or by any person
34 licensed or otherwise authorized to practice applied behavior analysis
35 within the state pursuant to article one hundred sixty-seven of this
36 title; provided, however, that no physician, physician's assistant,
37 naturopathic doctor, registered professional nurse, nurse practitioner,
38 psychologist, licensed master social worker, licensed clinical social
39 worker, licensed behavior analyst or certified behavior analyst assist-
40 ant may use the titles "licensed mental health counselor", "licensed
41 marriage and family therapist", "licensed creative arts therapist", or
42 "licensed psychoanalyst", unless licensed under this article.
43 § 12. Subdivision 1 of section 7805 of the education law, as amended
44 by chapter 230 of the laws of 1997, is amended to read as follows:
45 1. The practice of massage therapy by any person who is authorized to
46 practice medicine, nursing, osteopathy, naturopathic medicine, physioth-
47 erapy, chiropractic, or podiatry in accordance with the provisions of
48 this title.
49 § 13. Subdivision 1 of section 579 of the public health law, as
50 amended by chapter 376 of the laws of 2015, is amended to read as
51 follows:
52 1. This title is applicable to all clinical laboratories and blood
53 banks operating within the state, except clinical laboratories and blood
54 banks operated by the federal government and clinical laboratories oper-
55 ated by a licensed physician, osteopath, dentist, midwife, nurse practi-
56 tioner, naturopathic doctor solely as an adjunct to the treatment of his
A. 4825--A 17
1 or her own patients, optometrist performing a clinical laboratory test
2 that does not use an invasive modality as defined in section seventy-one
3 hundred one of the education law or podiatrist who performs laboratory
4 tests or procedures, personally or through his or her employees, solely
5 as an adjunct to the treatment of his or her own patients; to the extent
6 authorized by federal and state law, including the education law.
7 § 14. This act shall take effect on the five hundred fortieth day
8 after it shall have become a law. Effective immediately, the addition,
9 amendment and/or repeal of any rule or regulation necessary for the
10 implementation of this act on its effective date are authorized to be
11 made and completed by the commissioner of education and the board of
12 regents on or before such effective date, including appointment of the
13 state board for naturopathic medicine.