A07035 Summary:

BILL NOA07035
 
SAME ASNo Same As
 
SPONSORPerry
 
COSPNSROrtiz, Lupardo, McDonough
 
MLTSPNSREnglebright
 
Add Art 138 SS6850 - 6862, Ed L; amd SS1203, 1207 & 1301, Lim Lil L; amd SS121-1500 & 121-1502, Partn L; amd S413, Soc Serv L; amd SS571 & 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.
Go to top    

A07035 Actions:

BILL NOA07035
 
04/21/2015referred to higher education
01/06/2016referred to higher education
Go to top

A07035 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A7035
 
SPONSOR: Perry (MS)
  TITLE OF BILL: An act to amend the education law, the limited liabil- ity 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   PURPOSE: The bill relates to the licensure and regulation of naturo- pathic doctors to practice medicine in New York State.   SUMMARY OF PROVISIONS: A new Article 138 is added to the Education Law to establish naturopathic doctors as licensed professionals in New York State which includes Sections 6850 through 6862 that provides for boundaries of professional competence; a state board for naturopathic medicine; qualifications for licensure; exemptions; limited residence permits; and mandatory continuing education. The bill also amends vari- ous sections of the limited liability company law, the partnership law, and the social services law as noted below. Section 1: Establishes the bill's legislative intent Section 2: Amends Education Law by adding a new Article 138 (Sections 6850 through 6862) Section 3: Amends Section 1203 of the limited liability company law Section 4: Amends Section 1207 of the limited liability company law Section 5: Amends Section 1301 of the limited liability company law Section 6: Amends Section 121-1500 of the partnership law Section 7: Amends Section 121-1502 of the partnership law Section 8: Amends Section 413 of the social services law   JUSTIFICATION: New York State lacks existing laws in relation to state licensure for the practice of naturopathic medicine. Anyone may lay claim as a naturopathic doctor, including those who complete a home study course in as little as six weeks. The licensure of naturopathic physicians in New York State will offer the public the option of choos- ing qualified naturopaths who perform important components of complemen- tary and integrative medicine, and who provide care that is not current- ly offered by other licensed physicians. Providing for the licensure of naturopathic doctors will also allow for the creation of educational institutions in New York State for the purpose of training naturopathic doctors. Currently, 17 states have licensing and regulation laws for naturopathic doctors, including Alaska, Arizona, California, Colorado, Connecticut, District of Columbia, Hawaii, Idaho, Kansas, Maine, Maryland, Minnesota, Montana, New Hampshire, North Dakota, Oregon, Utah, Vermont, Washington State, as well as the United States territories of Puerto Rico and the Virgin Islands. Licensed naturopathic physicians' scope of practice is defined by state laws and require annual state-mandated continuing educational require- ments. The educational requirements for a licensed naturopathic doctor include a Doctoral diploma from a registered school of naturopathic medicine, completion of an approved clinical postgraduate residency training, five years of clinical supervision, and the passage of a national medical examination. Chronic diseases - such as heart disease, cancer, diabetes, stroke, and arthritis - are the leading causes of disability and death in New York State and throughout the United States. More than 40% of New York adults suffer from a chronic disease, and chronic diseases are responsible for 23% of all hospitalizations in New York State. Six out of every 10 deaths in New York State are caused by chronic diseases. Heart disease and cancer account for over half of all deaths in New York State. Although common and costly, many chronic diseases are also preventable. When we consider the increasing rate of chronic diseases and the lack of licensed practitioners to adequately address them in New York State, providing state licensure for naturopathic doctors is a critical step in the future of better health for New Yorkers.   PRIOR LEGISLATIVE HISTORY: 2013-2014; A7860/S4828 2011-2012; S1803E 2009-2010; A1370/S1930 2007-2008; A4966/S2790 2005-2006; A5208/S1617 2003-2004; A10819/S6609   FISCAL IMPLICATIONS: All costs associated with the licensure of this new profession would be recovered through filing and registration fees.   EFFECTIVE DATE: This act shall take effect on the five hundred forti- eth day after it shall have become law, provided that specific sections shall take effect as provided for in Section 11 of this bill.
Go to top

A07035 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          7035
 
                               2015-2016 Regular Sessions
 
                   IN ASSEMBLY
 
                                     April 21, 2015
                                       ___________
 
        Introduced by M. of A. PERRY, ORTIZ, McDONOUGH -- read once and referred
          to the Committee on Higher Education
 
        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. 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
    19  same  diagnostic  tools and assessment techniques as the medical profes-
    20  sion, and having certain  Hippocratic  principles  in  common  with  the
    21  medical profession, is not part of the profession of medicine as contem-
    22  plated by article 131 of the education law, and intends that naturopath-
    23  ic medicine be a distinct profession with its own state board.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05295-02-5

        A. 7035                             2
 
     1    3.  The legislature recognizes that naturopathic medicine is a modern,
     2  evolved form of naturopathy that is practiced by  naturopathic  doctors;
     3  that  the early form, today sometimes called traditional naturopathy, is
     4  characterized by its vitalistic philosophy, and  by  its  foundation  of
     5  hygiene  and  nature  cure (i.e., the use of natural agents such as air,
     6  light, water, food, and herbs to stimulate the body's own natural  heal-
     7  ing  powers);  and  that  such early form is practiced in some states by
     8  traditional naturopaths without licensure, by lay persons in  their  own
     9  self  care, and to some extent in health spas. This bill is not intended
    10  to change the legality or illegality  of  activities  relating  to  such
    11  hygiene and nature cure; nor to limit the scope of naturopathic medicine
    12  to such traditional naturopathy.
    13    4.  The  legislature  recognizes  that  the  naturopathic doctor has a
    14  primary mission of facilitating optimum health and wellness for patients
    15  of any age; relies on the scientific method in implementing  vitalistic,
    16  functional,  and  evidence-based  strategies  for assessing and treating
    17  patients; and works with patients of good or ill health having acute and
    18  chronic conditions, including serious medical conditions.
    19    5. The legislature intends that the authorized activities  within  the
    20  scope  of  practice of a naturopathic doctor are those activities within
    21  the meanings of naturopathic assessment, common office procedures, phys-
    22  ical naturopathy,  approved  substances,  approved  routes  of  adminis-
    23  tration,  and noninvasive naturopathic therapies, as per sections sixty-
    24  eight hundred fifty and sixty-eight hundred fifty-one of article 138  of
    25  the  education  law  as  proposed  in this act. For naturopathic doctors
    26  having the injection therapy privilege the authorized activities further
    27  include injection therapy, as per section sixty-eight hundred fifty-four
    28  of article 138 of the education law, as proposed in this act. The  scope
    29  of  such  practice activities however are limited by section sixty-eight
    30  hundred fifty-five of article 138 of the education law, as  proposed  in
    31  this  act,  which  provides  boundaries  of professional competence. The
    32  legislature provides a list of broad clinical objectives included within
    33  the meaning of "facilitating optimum health and wellness," as defined in
    34  section sixty-eight hundred fifty-one of article 138  of  the  education
    35  law  as proposed in this act, which list, while relevant to professional
    36  conduct, is not intended to expand upon the authorized  activities.  The
    37  legislature intends that invasive procedures other than diagnostic imag-
    38  ing  be  impermissible,  and that the definitions of the terms "invasive
    39  procedures" and "noninvasive" be construed independent of each other.
    40    6. The legislature intends that the education qualification for  natu-
    41  ropathic  medicine  emphasizes the basic sciences and clinical sciences,
    42  such as has been established by  the  Council  on  Naturopathic  Medical
    43  Education  (CNME) and the Association of Accredited Naturopathic Medical
    44  Colleges (AANMC), and so distinguish over traditional naturopathy.
    45    7. The legislature intends that the education qualification for  natu-
    46  ropathic  medicine  insofar  as  including a substantial equivalent of a
    47  program of naturopathic medicine registered with the department  require
    48  that  such substantial equivalent, among other factors determined by the
    49  department, also require that the substantial equivalent  emphasize  the
    50  naturopathic  principles and the therapeutic order in clinical training,
    51  such as in programs accredited by the Council  on  Naturopathic  Medical
    52  Education  (CNME) or in the naturopathic medical programs offered by the
    53  Association of Accredited Naturopathic Medical Colleges (AANMC), and  so
    54  distinguish over a doctoral degree in medicine or osteopathy.
    55    8.  The legislature intends that the professional conduct of the natu-
    56  ropathic doctor be informed by the naturopathic principles and the ther-

        A. 7035                             3
 
     1  apeutic order, and so distinguish  over  professional  conduct  for  the
     2  practice of the profession of medicine.
     3    9.  The  legislature  recognizes  that in the practice of naturopathic
     4  medicine the healing power of nature principle is  viewed  as  being  an
     5  inherent  property  in  a  living  organism  to  heal  itself, and is an
     6  acknowledgment that synergy results from the coordination  of  the  many
     7  chemical  and physical reactions of the living system through varied and
     8  circuitous feedback pathways making the whole function as more than  the
     9  sum  of its parts.  The number of reactions and the resulting complexity
    10  and synergy is viewed in the  profession  of  naturopathic  medicine  as
    11  being  why  treatment  of  a  given  physiological process may result in
    12  unforeseen nonlocal consequences, including iatrogenic disease;  and  is
    13  why  naturopathic  doctors  investigate and treat the patient as a whole
    14  living system, find and remove the cause, and prefer less invasive ther-
    15  apies and substances with fewer side effects. It also is why the naturo-
    16  pathic doctor prefers  to  intervene  early  to  prevent  occurrence  of
    17  disease.
    18    10.  The legislature intends that licensed naturopathic doctors, while
    19  being permitted  to  practice  in  solo  and  among  other  naturopathic
    20  doctors,  also be permitted to practice naturopathic medicine in many of
    21  the current patient care venue types  in  the  healthcare  system;  that
    22  there  be  referral  among  naturopathic  doctors, physicians, and other
    23  health care providers as based on the interests of the patient; and that
    24  integrative care settings and the advancement of public health and safe-
    25  ty be realized through collaboration among naturopathic doctors,  physi-
    26  cians, and other health care providers.
    27    11.  Naturopathic  doctors  add  to the health care system by bringing
    28  their naturopathic approach to  patient  care;  and  by  bringing  their
    29  expertise  on  the  determinants  of  health, diet and nutrient therapy,
    30  phytotherapy,  therapeutic  use  of  physical  agents,   and   drug/herb
    31  drug/nutrient  interactions.  Therefore,  to  improve the public health,
    32  safety and welfare of its citizens, the legislature finds it is  desira-
    33  ble  to  regulate  the  profession of naturopathic medicine, and intends
    34  that admission to practice and regulation of  such  practice,  including
    35  professional  conduct,  shall  be supervised by the board of regents and
    36  administered by the state education  department,  assisted  by  a  state
    37  board of naturopathic medicine.
    38    §  2. The Education Law is amended by adding a new article 138 to read
    39  as follows:
    40                                 ARTICLE 138
    41                            NATUROPATHIC MEDICINE
    42  Section 6850. Introduction.
    43          6851. Definitions.
    44          6852. Definition of the practice of naturopathic medicine.
    45          6853. Title and designation.
    46          6854. Injection therapy and injection therapy privilege.
    47          6855. Boundaries of professional competence.
    48          6856. State board for naturopathic medicine.
    49          6857. Qualifications for licensure.
    50          6858. Special conditions.
    51          6859. Exempt persons and exemptions.
    52          6860. Limited residency permits.
    53          6861. Limited permits.
    54          6862. Mandatory continuing education.
    55    § 6850. Introduction. This article applies to the licensure and  regu-
    56  lation of naturopathic doctors to practice naturopathic medicine in this

        A. 7035                             4
 
     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. Definitions. For the purposes of this article:
     6    1.  "Approved  CLIA  waived  tests"  mean laboratory tests categorized
     7  under the federal clinical laboratory improvement act (CLIA) of 1988  as
     8  being  waived tests, and which are identified by the department upon the
     9  recommendation of the board, and updated as  needed  or  upon  triennial
    10  review, as being appropriate in the practice of naturopathic medicine.
    11    2.  "Approved routes of administration" means oral, sublingual, nasal,
    12  auricular, ocular, rectal, vaginal, and  transdermal.  For  naturopathic
    13  doctors  having  injection  therapy  privilege under section sixty-eight
    14  hundred fifty-four of this article, "approved routes of  administration"
    15  further  include  injection  routes, namely, intravenous, intramuscular,
    16  subcutaneous, and intradermal.
    17    3.  "Approved  substances"  means  over-the-counter  substances;  food
    18  concentrates,  food  extracts,  and other dietary ingredients; vitamins,
    19  minerals, and other dietary supplements; botanical and homeopathic prep-
    20  arations; and a limited formulary of legend drugs. The limited formulary
    21  of legend drugs includes thyroid hormones, estrogen hormones, progester-
    22  one hormone, DHEA, and homeopathic  preparations  of  homeopathic  drugs
    23  listed  in  the official homeopathic pharmacopoeia of the United States.
    24  For  naturopathic  doctors  having  injection  therapy  privilege  under
    25  section  sixty-eight  hundred  fifty-four  of  this article, the limited
    26  formulary further includes immunizations and  injectable  forms  of  the
    27  approved substances. Legend drugs in the limited formulary may be admin-
    28  istered and prescribed, and the other approved substances and homeopath-
    29  ic preparations may be administered, prescribed, and dispensed.
    30    4. "Board" means the state board for naturopathic medicine.
    31    5. "Common office procedures" means administering approved CLIA waived
    32  tests;   administering   ultrasonographic   and  thermographic  imaging;
    33  prescribing, installing, removing, and adjusting  barrier  contraceptive
    34  devices;  procedures  for treating superficial lacerations and abrasions
    35  and for the removal of foreign bodies located in superficial  structures
    36  not  to include the eye, excluding by incision and suturing; administer-
    37  ing  cryotherapy,  ligation,  and  fulguration;  administering  approved
    38  substances via approved routes of administration; procedures for obtain-
    39  ing  samples of bodily fluids, bodily excretions, bodily secretions, and
    40  bodily tissues; and other procedures for assessment or therapy that  are
    41  noninvasive.  Common office procedures for obtaining samples are limited
    42  to: venipuncture and phlebotomy,  PAP  smear,  scraping,  and  for  hair
    43  cutting.
    44    6.  "Controlled  substance"  means controlled substances as defined in
    45  the federal controlled substances act.
    46    7. "Diagnostic imaging" means radiography, tomography, magnetic  reso-
    47  nance  imaging,  ultrasonography, and thermography, and excludes nuclear
    48  medicine,  fluoroscopy,  and  radiological  procedures  for  treating  a
    49  medical condition.
    50    8.  "Dietary  ingredient" means a dietary ingredient as defined in the
    51  Federal Dietary Supplement Health and Education Act of 1994 (DSHEA).
    52    9. "Dietary supplement" means a dietary supplement as defined  in  the
    53  Federal Dietary Supplement Health and Education Act of 1994 (DSHEA).
    54    10.  "Drug"  means  a  drug  as defined in the Federal Food, Drug, and
    55  Cosmetic Act, 21 USC 321.

        A. 7035                             5
 
     1    11. "Facilitating optimum health and wellness" means facilitating  the
     2  establishment  and maintenance of a healthy patient lifestyle and nutri-
     3  tional foundation; educating the patient about  their  circumstances  of
     4  health  and  illness  and steps for establishing and maintaining optimum
     5  health and wellness; facilitating and augmenting self-healing processes;
     6  supporting   and  modulating  physiological  processes;  supporting  and
     7  correcting integrity of anatomical structures; identifying and  removing
     8  underlying  causes  of illness; and identifying, preventing, mitigating,
     9  monitoring, and treating illness.
    10    12. "Food" means food as  defined  in  the  Federal  Food,  Drug,  and
    11  Cosmetic Act, 21 USC 321.
    12    13.  "Illness"  means  pain,  injury, deformity, syndrome, disease, or
    13  other unhealthy condition.
    14    14. "Invasive procedure" means any medical procedure  in  which  bone,
    15  viscera,  the  eyeball,  the  inner  ear, the dorsal body cavity, or the
    16  ventral body cavity is penetrated by a physical device  or  by  ionizing
    17  radiation above background levels.
    18    15. "Injection therapy" means the injection of approved substances.
    19    16.  "Injection  therapy privilege" means the scope of practice privi-
    20  lege to practice  injection  therapy,  in  accordance  with  regulations
    21  promulgated by the commissioner.
    22    17.  "Legend  drug"  means a drug for which a prescription is required
    23  under the Federal Food, Drug and Cosmetic Act.
    24    18. "Naturopathic assessment" means the identification and  evaluation
    25  of  a patient's circumstances of health and illness by investigating the
    26  patient's health, history, life style, and determinants  of  health;  by
    27  comprehensive  physical  examination;  by  common  office procedures for
    28  assessment; by ordering and prescribing laboratory tests and procedures,
    29  including submitting specimens for testing  to  laboratories  that  hold
    30  permits  or  licenses  pursuant  to under title V of article five of the
    31  public health law; by ordering and prescribing diagnostic  imaging;  and
    32  by  other  assessment  techniques  that are noninvasive.   Specimens for
    33  testing may be obtained by common  office  procedures  as  described  in
    34  subdivision  five  of  this  section or by patient submission (e.g., for
    35  stool, urine, hair, saliva).
    36    19. "Naturopathic principles" means the  following  principles,  which
    37  are  weighed  by  the  naturopathic doctor to influence the selection of
    38  naturopathic assessment activities, common office procedures, and treat-
    39  ments administered, ordered or referred:
    40    a. "the healing power of nature," which means the inherent ability  of
    41  a living organism for self-healing;
    42    b.  "identify  and  treat the causes," which means identify and remove
    43  the underlying causes of illness  so  that  self-healing  processes  may
    44  function effectively;
    45    c.  "first  do  no  harm," which means apply the least force or inter-
    46  vention to identify illness and restore health, such  as  referenced  in
    47  the  therapeutic order; and whenever possible, avoid symptom suppression
    48  that interferes with the dynamics of self-healing;
    49    d. "doctor as teacher," which means educate patients as to  steps  for
    50  achieving  and maintaining health, and encourage self-responsibility for
    51  health;
    52    e. "treat the whole person," which means assess and treat the  patient
    53  as an integrated whole having many physical, mental, emotional, spiritu-
    54  al, and social aspects; and
    55    f.  "prevention,"  which  means  assess  life  style,  determinants of
    56  health, and genetic and environmental susceptibility to illness;  recom-

        A. 7035                             6
 
     1  mend  appropriate  interventions  to reduce risks of disease occurrence;
     2  and facilitate the establishment and maintenance  of  positive  emotion,
     3  thought and action.
     4    20.  "Noninvasive" means no break is created in the skin or mucosa, no
     5  infiltration of the skin or mucosa is made by ionizing  radiation  above
     6  background  levels,  no endoscopy is performed between the esophagus and
     7  colon, inclusive, and no radiography, tomography, or magnetic  resonance
     8  imaging is administered.
     9    21.  "Noninvasive  naturopathic  therapies"  means  diet and lifestyle
    10  counseling, patient education as to circumstances of health and illness,
    11  wellness counseling, biofeedback, hypnotherapy, and touch and/or tapping
    12  therapies with and without a verbal communication component. Noninvasive
    13  naturopathic therapies exclude the practice of marital and family thera-
    14  py, psychoanalysis, and creative arts therapy on a  continued  sustained
    15  basis,  and  is  further limited in application by a boundary of profes-
    16  sional  competence  restricting  psychotherapeutic   intervention   with
    17  patients  having  symptomatic,  intellectually,  socially or emotionally
    18  maladaptive behavior sufficient to be a  mental,  emotional,  cognitive,
    19  addictive or behavioral disorder as per DSM criteria or per diagnosis by
    20  a  qualified  healthcare  provider,  as  provided in section sixty-eight
    21  hundred fifty-five of this article.
    22    22. "Optimum health" means  a  person's  desired,  maintainable,  best
    23  degree  of  health,  given  the  person's  circumstances  of  health and
    24  illness, the therapeutic goals, and the person's degree of  self-respon-
    25  sibility for healing.
    26    23.  "Over  the  counter  substances"  means substances that have been
    27  approved or cleared by the food and drug administration  of  the  United
    28  States  department of health and human services for sale or distribution
    29  to  the  public  on  a  direct  or  over-the-counter  basis  without   a
    30  prescription from a qualified health care practitioner.
    31    24. "Physical naturopathy" means manual therapy, therapeutic exercise,
    32  hydrotherapy,  colonic  therapy,  sauna,  microwave diathermy, shortwave
    33  diathermy, ultrasonic diathermy, muscle stimulation, biofeedback, infra-
    34  red light therapy, ultraviolet light  therapy,  visible  light  therapy,
    35  iontophoresis,  and the therapeutic use of physical medicine therapeutic
    36  devices that are exempt or are class i or class  ii  devices  identified
    37  under  the  Code of Federal Regulations, Title 21, Chapter I, Subchapter
    38  H, Part 890, Subpart f.
    39    25. "Radiological procedures" means radiological procedures as defined
    40  in article eighty-seven hundred one of this title.
    41    26. "Superficial" means the dermal and subcutaneous layers of the body
    42  exterior, the mucosal layer of the body  orifices,  and  the  underlying
    43  fascia and adipose.
    44    27.  "Surgery" means a medical procedure for structurally altering the
    45  human body by cutting into live human tissue for the purpose  of  local-
    46  ized  alteration,  transportation,  or  destruction of live human tissue
    47  using ionizing radiation or an instrument, such as a laser, scalpel,  or
    48  probe;  and  does  not  include  punctures,  injections,  dry  needling,
    49  acupuncture, or removal of dead tissue.
    50    28. "Therapeutic order" means  the  hierarchy  of  therapeutic  inter-
    51  vention,  as  follows,  ordered according to degree of intervention, and
    52  used by determining the lowest degree  of  intervention  for  which  the
    53  specific  patient's  circumstances  of  health and illness can be effec-
    54  tively addressed to restore and facilitate optimum health, wherein ther-
    55  apeutic intervention outside the boundaries of  professional  competence
    56  is intended to be referred:

        A. 7035                             7
 
     1    a.  establish  the  conditions  for  health (e.g., identify and remove
     2  disturbing factors; institute a more healthful regimen);
     3    b. stimulate the self-healing processes;
     4    c. address weakened or damaged systems or organs (e.g., strengthen the
     5  immune system; decrease toxicity; normalize inflammatory function; opti-
     6  mize  metabolic  function;  balance regulatory systems; enhance regener-
     7  ation; cultivate sensory and mindful awareness  of  the  integration  of
     8  psyche and soma);
     9    d. correct structural integrity;
    10    e. address pathology using specific natural substances, modalities, or
    11  interventions;
    12    f.   address  pathology  using  specific  pharmacologic  or  synthetic
    13  substances; and
    14    g. suppress or surgically remove pathology.
    15    29. "Vertebral adjustment" means a high velocity, low amplitude thrust
    16  applied to a vertebra at the end of its range of motion utilizing  parts
    17  of  the  vertebra  and  contiguous structures as levers to directionally
    18  correct articulate malposition,  and  excludes  motion  that  moves  the
    19  vertebra to the end of its range of motion.
    20    30.  "Wellness"  means  a  state  of being able to prevent illness and
    21  prolong life.
    22    31. "Wellness counseling" means patient doctor dialogue for facilitat-
    23  ing positive emotion, thought, and action provided within  a  multimodal
    24  holistic  framework  of  therapy informed by the naturopathic principles
    25  and the therapeutic order.
    26    § 6852. Definition of the practice  of  naturopathic  medicine.    The
    27  practice  of  naturopathic  medicine  is defined as facilitating optimum
    28  health and wellness for patients of any age using  naturopathic  assess-
    29  ment,   common   office   procedures,   physical  naturopathy,  approved
    30  substances, and noninvasive naturopathic therapies in a holistic  frame-
    31  work informed by naturopathic principles and a therapeutic order.
    32    § 6853. Title and designation. Only a person licensed under this arti-
    33  cle  may  use  the title "naturopathic doctor", "licensed naturopath" or
    34  "professional naturopath" and hold herself or himself out as  practicing
    35  naturopathic  medicine;  provided, however, that none of such titles nor
    36  any combination of such titles shall be used to convey the idea that the
    37  individual who uses such title practices anything other than naturopathy
    38  and naturopathic medicine. A licensed naturopathic doctor  may  not  use
    39  the  title  "physician"  unless otherwise authorized under title VIII of
    40  the education law.
    41    § 6854. Injection therapy and injection therapy  privilege.  1.    For
    42  issuance of injection therapy privilege, the applicant shall fulfill the
    43  following requirements:
    44    a. file an application with the department;
    45    b.  be  licensed  as  a  naturopathic doctor in the state, including a
    46  limited permit holder, or be an applicant for licensure under this arti-
    47  cle meeting the qualifications for licensure or for a limited permit;
    48    c. have successfully completed a  certification  course  in  injection
    49  therapy  from a course provider approved by the department or as part of
    50  a program of naturopathic medicine registered with the department or the
    51  substantial equivalent thereof;
    52    d. pay a fee to the department of two hundred dollars for the issuance
    53  and initial registration of the injection therapy privilege.
    54    2. An injection therapy privilege issued under this section  shall  be
    55  valid for the life of the holder, unless revoked, annulled, or suspended
    56  by  the  board  of regents. During each triennial registration period, a

        A. 7035                             8
 
     1  naturopathic doctor having injection therapy  privilege  shall  complete
     2  eight  hours  of acceptable formal continuing education as part of their
     3  mandatory continuing education  requirement,  in  conformance  with  the
     4  provisions  of section sixty-eight hundred sixty-two of this article, on
     5  the subject of injection therapy, including formal continuing  education
     6  that  contributes  to  the  enhancement  of  clinical  injection therapy
     7  skills, pursuant to the  regulation  of  the  commissioner.  Failure  to
     8  complete  the  required continuing education under this subsection shall
     9  result in suspension of the injection therapy privilege until such  time
    10  as  the  required  continuing education is complete. A suspension of the
    11  injection therapy privilege for  lack  of  completion  of  the  required
    12  continuing education that exceeds twelve months in duration shall result
    13  in  a  revocation of the injection therapy privilege, and require re-ap-
    14  plication,  recertification  or  other  education  satisfactory  to  the
    15  commissioner, and the fee as per section sixty-eight hundred fifty-seven
    16  of this article for re-issuance of the injection therapy privilege. This
    17  continuing  education  requirement is effective as of the same effective
    18  date as section sixty-eight hundred fifty-seven of this article.
    19    3. A student in a doctoral program of naturopathic medicine registered
    20  with the department or the substantial equivalent  thereof  may  perform
    21  injection  therapy  in  an  internship  or  preceptorship  setting  when
    22  required as part of such program for  the  purpose  of  fulfilling  such
    23  program requirement only under the immediate direct personal supervision
    24  of  a  physician  licensed  under  this  title  or a naturopathic doctor
    25  licensed under this article having injection therapy privilege. "Immedi-
    26  ate direct personal supervision" for the purposes of this section  means
    27  supervision  of  a procedure for injection therapy based on instructions
    28  given directly by the supervising physician or supervising  naturopathic
    29  doctor  who  remains  physically  present in the immediate area when the
    30  injection therapy procedure is performed.
    31    § 6855. Boundaries of professional competence. The  activities  encom-
    32  passed  within  the  definition of the practice of naturopathic medicine
    33  under sections sixty-eight hundred  fifty-two  and  sixty-eight  hundred
    34  fifty-four  of this article are limited by the prohibitions, boundaries,
    35  and restrictions of this section.
    36    1. The practice of the profession of naturopathic  medicine  does  not
    37  include:    administering or prescribing controlled substances; adminis-
    38  tering invasive  procedures;  administering  electroconvulsive  therapy;
    39  administering  needle-type  electromyography;  performing  surgery other
    40  than cryotherapy, ligation and fulguration;  administering  radiological
    41  procedures using ionizing radiation above background levels; administer-
    42  ing general or spinal anesthetic drugs; administering obstetric services
    43  other  than  complementary  naturopathic prenatal and postnatal wellness
    44  care; administering acupuncture; and setting fractures.
    45    2. a. (i) It shall be deemed  practicing  outside  the  boundaries  of
    46  professional  competence  for a naturopathic doctor to provide emergency
    47  care services for treating injuries or trauma from a serious accident or
    48  a violent crime, except as permitted by article 30 of the public  health
    49  law of New York.
    50    (ii)  It  shall  be  deemed professional misconduct for a naturopathic
    51  doctor to hold herself  or  himself  out  as  providing  emergency  care
    52  services  on  a continued sustained basis; or to treat an acute emergent
    53  condition of significant threat to life or limb without  also  summoning
    54  emergency medical response.
    55    b. (i) It shall be deemed practicing outside the boundaries of profes-
    56  sional competence for a naturopathic doctor to administer physical natu-

        A. 7035                             9
 
     1  ropathy  on a patient on a continued sustained basis under either of the
     2  following circumstances:  to assist the patient to compensate for devel-
     3  opmental deficits affecting physical movement and mobility  that  cannot
     4  be  reversed; and to restore, for purposes of patient reintegration back
     5  into the home, community, or work, some or all of the patient's pathome-
     6  chanical deficits affecting physical movement  and  mobility  that  were
     7  lost  due  to  injury  or  disease causing ongoing separation from home,
     8  community or work.
     9    (ii) A naturopathic  doctor  may  correct  vertebral  alignment  using
    10  vertebral  adjustment  in  combination  with naturopathic muscle release
    11  techniques and soft tissue manipulation  within  a  multimodal  holistic
    12  treatment plan, but otherwise may not practice vertebral adjustment.
    13    c.  For  patients  having  symptomatic,  intellectually,  socially  or
    14  emotionally maladaptive behavior sufficient to be a  mental,  emotional,
    15  cognitive,  addictive  or behavioral disorder as per DSM (diagnostic and
    16  statistical manual of mental disorders) criteria or an equivalent there-
    17  of, or per diagnosis by a qualified healthcare  provider,  it  shall  be
    18  deemed  practicing outside the boundaries of professional competence for
    19  a naturopathic doctor to facilitate changes in the patient's personality
    20  and behavior for the purpose of eliminating such symptomatic maladaptive
    21  behavior corresponding to such  disorder  through  the  use  of  verbal,
    22  cognitive,   and   emotional   interpersonal  communication  methods  of
    23  psychotherapeutic intervention on  a  continued  sustained  basis.  Such
    24  restriction  on psychotherapeutic intervention does not restrict a natu-
    25  ropathic  doctor  from  providing  dietary  and  lifestyle  advice   and
    26  instructions  to the patient, nor from educating the patient about their
    27  circumstances of health and illness. Such restriction on psychotherapeu-
    28  tic intervention excludes hypnotherapy applied as part  of  a  multimode
    29  holistic  treatment  plan  (e.g.,  nutrient therapy and hypnotherapy) to
    30  treat tobacco addiction  or  obesity.  Although  a  naturopathic  doctor
    31  cannot  provide  a  psychological  diagnosis,  a naturopathic doctor may
    32  apply and document such DSM or equivalent criteria, or the absence ther-
    33  eof to discern this boundary of professional competence, which  discern-
    34  ment shall defer to a diagnosis by a qualified healthcare provider.
    35    d. Although the identification of an illness is part of a naturopathic
    36  assessment,  a  naturopathic  doctor may not equate such assessment to a
    37  medical or psychological diagnosis, nor hold himself or herself  out  as
    38  making  a  medical  or psychological diagnosis.   A naturopathic doctor,
    39  however, may use common diagnostic  codes  (e.g.,  ICD-10  codes;  DSM-V
    40  codes)  and  may  refer to an identified illness in discussions with the
    41  patient, in patient health records, and in communications compliant with
    42  the federal Health Insurance Portability and Accountability Act of  1996
    43  (HIPAA).
    44    3. While the scope of activities included within the practice of natu-
    45  ropathic medicine overlaps in part with other professions licensed under
    46  this title, a naturopathic doctor's activities are to be performed with-
    47  in  a  holistic  framework of assessing and treating multiple aspects of
    48  the patient, as informed by the naturopathic principles and  the  thera-
    49  peutic  order.  In  the performance of any overlapping scope activities,
    50  the naturopathic doctor shall not hold herself or himself out  as  prac-
    51  ticing  any  such  other  profession  or  use  a title of any such other
    52  profession, unless otherwise authorized under this title.
    53    § 6856. State board for naturopathic medicine. 1. A  state  board  for
    54  naturopathic  medicine shall be appointed by the board of regents on the
    55  recommendation of the commissioner for  the  purpose  of  assisting  the
    56  board of regents and the department on matters of professional licensing

        A. 7035                            10
 
     1  and  professional  conduct in accordance with section sixty-five hundred
     2  eight of this title. The board shall be composed of two public represen-
     3  tatives who do not hold interests  in  the  organization,  financing  or
     4  delivery  of  naturopathic  services,  one  licensed  physician who is a
     5  doctor of medicine or a doctor of osteopathy,  and  not  less  than  six
     6  naturopathic  doctors.  A  naturopathic doctor member of the board shall
     7  have been licensed under this article for at least two  years  prior  to
     8  being  appointed,  which  two year license requirement is waived for the
     9  initial board and replaced with  a  requirement  that  the  naturopathic
    10  doctor  obtain  a license under this article within one year of appoint-
    11  ment or one year of the effective date of this article, whichever  comes
    12  later.  The  terms  of the first appointed members shall be staggered so
    13  that three are appointed for three years, three are appointed  for  four
    14  years,  and four are appointed for five years. An executive secretary of
    15  the board shall be appointed by the board of regents on the  recommenda-
    16  tion of the commissioner.
    17    2. Examinations selected or prepared by the board pursuant to subdivi-
    18  sion two of section sixty-five hundred eight of this title shall conform
    19  whenever  possible  to  nationally recognized test development standards
    20  and test competencies for naturopathic medicine.
    21    § 6857. Qualifications for licensure. To  qualify  for  a  license  to
    22  practice  the  profession  of  naturopathic medicine, an applicant shall
    23  fulfill the following requirements:
    24    1. file an application with the department;
    25    2. have received an education, including a doctoral degree in  naturo-
    26  pathic  medicine,  granted  on  the  basis of completion of a program of
    27  naturopathic medicine registered with the department or the  substantial
    28  equivalent thereof, in accordance with the commissioner's regulations;
    29    3.  for  applicants  applying  more than two years after the effective
    30  date of this article,  have  satisfactorily  completed  a  post-graduate
    31  residency  program  of  naturopathic  medicine of at least twelve months
    32  duration approved by the department, or the substantial equivalent ther-
    33  eof, and in accordance with the commissioner's regulations;
    34    4. pass an examination satisfactory to the  board  and  in  accordance
    35  with the commissioner's regulations;
    36    5. be at least twenty-one years of age;
    37    6. be of good moral character as determined by the department; and
    38    7.  pay  a fee of three hundred fifty dollars to the department for an
    39  initial license and a fee of five hundred  dollars  for  each  triennial
    40  registration period.
    41    §  6858. Special conditions. 1. An applicant having received, prior to
    42  nineteen hundred eighty-eight, an education, including a doctoral degree
    43  in naturopathic medicine, granted  on  the  basis  of  completion  of  a
    44  program  of  naturopathic medicine registered with the department or the
    45  substantial equivalent thereof, may substitute for  the  experience  and
    46  examination qualifications of section sixty-eight hundred fifty-seven of
    47  this  article, either of: (i) satisfactory evidence of practice of natu-
    48  ropathic medicine of not less than three years  during  the  five  years
    49  preceding the filing of the application; or (ii) practice under a limit-
    50  ed permit for at least two of the three years prior to application under
    51  this article.
    52    2.  An  applicant having received, prior to two years after the effec-
    53  tive date of this article, an education, including a doctoral degree  in
    54  naturopathic  medicine,  granted on the basis of completion of a program
    55  of naturopathic medicine registered with the department or the  substan-
    56  tial equivalent thereof, may substitute for the experience qualification

        A. 7035                            11
 
     1  of  section  sixty-eight hundred fifty-seven of this article, either of:
     2  (i) satisfactory evidence of practice of naturopathic  medicine  of  not
     3  less  than three years during the five years preceding the filing of the
     4  application; or (ii) practice under a limited permit for at least two of
     5  the three years prior to application under this article.
     6    3.  The  "practice  of  naturopathic medicine" as used in this section
     7  includes the practice of naturopathy or naturopathic medicine in a state
     8  or territory of the United States, including New York state, or a  Cana-
     9  dian  province,  while maintaining a professional license in naturopathy
    10  or naturopathic medicine issued by the same or another state or territo-
    11  ry or a Canadian province; and includes practice  performed  before  and
    12  after the effective date of this article.
    13    4.  Practice demonstrated by satisfactory evidence of practice or by a
    14  limited permit, as provided in subdivisions one and two of this section,
    15  must be complete within eighteen years after the effective date of  this
    16  article.  Applicants  having  completed  the  practice requirements of a
    17  special condition under this section  must  submit  an  application  for
    18  license  by  nineteen years after the effective date of this article and
    19  must cure defects, if any, in  the  application  as  identified  by  the
    20  department within a time period indicated by the department.
    21    § 6859. Exempt persons and exemptions. Nothing contained in this arti-
    22  cle shall be construed to affect or prevent the following:
    23    1.  a.  A  licensed physician from practicing his or her profession as
    24  defined in articles one hundred thirty-one, as  added  by  chapter  nine
    25  hundred  eighty-seven  of  the  laws  of  nineteen  seventy-one, and one
    26  hundred thirty-one-b of this title; a registered professional nurse or a
    27  certified nurse practitioner practicing his or her profession as defined
    28  under article one hundred thirty-nine of this title; or
    29    b. Qualified members of other professions licensed  under  this  title
    30  from  performing  the  practice  of  their professions; except that such
    31  persons may not hold themselves out under the title naturopath or  natu-
    32  ropathic doctor, or as performing naturopathy or naturopathic medicine.
    33    2. A student from engaging in clinical practice under supervision of a
    34  licensed  naturopathic doctor as part of a program of naturopathic medi-
    35  cine registered by the department or the substantial equivalent thereof.
    36    3. The practice of naturopathic medicine by a salaried employee of the
    37  government of the United States while the individual is engaged  in  the
    38  performance  of  duties  prescribed  by  the laws and regulations of the
    39  United States.
    40    4. The domestic care of the sick, disabled or injured  by  any  family
    41  member,  household  member  or friend, or person employed primarily in a
    42  domestic capacity who does not hold himself or herself  out,  or  accept
    43  employment  as a person licensed to practice naturopathic medicine under
    44  the provisions of this article.
    45    5. The care of the sick when done in connection with the  practice  of
    46  the religious tenets of any church.
    47    6. The marketing, sale or use of substances or devices governed by the
    48  Federal  Food, Drug, and Cosmetic Act that do not require a prescription
    49  from a qualified healthcare provider.
    50    7. The conduct, activities,  or  services  of  individuals,  churches,
    51  schools,   teachers,  organizations,  or  not-for-profit  businesses  in
    52  providing instruction, advice, support, encouragement, or information to
    53  individuals, families, and relational groups.
    54    § 6860. Limited residency permits. 1. For issuance of a limited  resi-
    55  dency permit, the applicant shall fulfill the following requirements:
    56    a. file an application with the department;

        A. 7035                            12
 
     1    b.  have received an education, including a doctoral degree in naturo-
     2  pathic medicine, granted on the basis of  completion  of  a  program  of
     3  naturopathic  medicine registered with the department or the substantial
     4  equivalent thereof;
     5    c.  have been accepted into a post-graduate residency program of natu-
     6  ropathic medicine approved by the department;
     7    d. be of good moral character as determined by the department;
     8    e. be at least twenty-one years of age; and
     9    f. pay a fee to the department  of  one  hundred  dollars,  or  for  a
    10  renewal a fee of fifty dollars.
    11    2.  Such  permit  shall allow the permit holder to perform such activ-
    12  ities that are required  for  successful  completion  of  the  residency
    13  program  under the administrative supervision of a licensed naturopathic
    14  doctor serving as the residency director. Practice  activities  under  a
    15  limited  residency  permit shall be limited to facilities encompassed by
    16  the post-graduate residency program of the  permit  holder,  such  as  a
    17  hospital,  an  incorporated  hospital  or clinic, a licensed proprietary
    18  hospital, a licensed nursing home, a public health agency, a  recognized
    19  public  or  non-public  school setting, the office of a licensed naturo-
    20  pathic doctor, or in the civil service of the state or political  subdi-
    21  vision  thereof.    Practice  supervision  of a permit holder's practice
    22  activities shall be  on-site  supervision  by  a  licensed  naturopathic
    23  doctor,  except  for injection therapy procedures, which shall be direct
    24  personal supervision by a licensed physician or a licensed  naturopathic
    25  doctor having injection therapy privilege. "Direct personal supervision"
    26  for  the  purposes  of this section means supervision of a procedure for
    27  injection therapy based on instructions given directly by the  supervis-
    28  ing  physician  or  supervising  naturopathic doctor who remains on site
    29  when and where the procedure  is  being  performed,  but  shall  not  be
    30  construed  as  necessarily requiring the physical presence of the super-
    31  vising physician or supervising naturopathic  doctor  in  the  immediate
    32  area at the time when the injection therapy procedure is performed.
    33    3.  Such permit shall be issued for one year and may be renewed at the
    34  discretion of the department for one or two additional years when neces-
    35  sary to permit the completion of an approved post-graduate residency  in
    36  naturopathic medicine.
    37    §  6861.  Limited  permits.  1.  For issuance of a limited permit, the
    38  applicant shall fulfill the following requirements:
    39    a. file an application with the department;
    40    b. have received an education, including a doctoral degree in  naturo-
    41  pathic  medicine,  granted  on  the  basis of completion of a program of
    42  naturopathic medicine registered with the department or the  substantial
    43  equivalent thereof;
    44    c.  indicate  exercising option to attain qualifications for licensure
    45  using a limited  permit  special  condition  under  section  sixty-eight
    46  hundred fifty-eight of this article;
    47    d. be of good moral character as determined by the department;
    48    e. be at least twenty-one years of age; and
    49    f. pay a fee of two hundred dollars to the department.
    50    2.  Such  limited  permit shall authorize the practice of naturopathic
    51  medicine only under the supervision of a licensed  naturopathic  doctor.
    52  Supervision  of the limited permit holder's practice activities shall be
    53  on-site supervision by a licensed naturopathic doctor.
    54    3. A limited permit shall be issued for a period of two years, and may
    55  be renewed under circumstances and for a time period and fee in  accord-
    56  ance with the commissioner's regulations.

        A. 7035                            13
 
     1    4.  The  last day for applying for a limited permit under this section
     2  is fifteen years after the effective date of this section.
     3    § 6862. Mandatory continuing education. 1. a. Each naturopathic doctor
     4  licensed pursuant to this article, required to register triennially with
     5  the  department  to  practice  in  this  state  shall  comply  with  the
     6  provisions of the mandatory continuing education requirements prescribed
     7  in subdivision two of this section, except as provided in  paragraphs  b
     8  and  c  of this subdivision. Naturopathic doctors who do not satisfy the
     9  mandatory continuing education requirements  shall  not  practice  until
    10  they  have  met such requirements, and they have been issued a registra-
    11  tion certificate, except that a naturopathic doctor may practice without
    12  having met such requirements if he or she is issued a conditional regis-
    13  tration pursuant to subdivision three of this section.
    14    b. Naturopathic doctors shall be exempt from the mandatory  continuing
    15  education requirement for the triennial registration period during which
    16  they  are  first  licensed.  In  accord with the intent of this section,
    17  adjustments to the mandatory continuing education  requirements  may  be
    18  granted  by  the department for reasons of health certified by an appro-
    19  priate health care professional, for extended active duty with the armed
    20  forces of the United States, or for other good cause acceptable  to  the
    21  department, which may prevent compliance.
    22    c.  A  licensed  naturopathic doctor not engaged in professional prac-
    23  tice, as determined by the department, shall be exempt from the mandato-
    24  ry continuing education requirement upon the filing of a statement  with
    25  the  department  declaring  such status. Any licensee who returns to the
    26  practice of naturopathic  medicine  during  the  triennial  registration
    27  period  shall  notify  the department prior to reentering the profession
    28  and shall  meet  such  mandatory  education  requirements  as  shall  be
    29  prescribed by regulations of the commissioner.
    30    2.  During  each triennial registration period an applicant for regis-
    31  tration shall complete  sixty  hours  of  acceptable  formal  continuing
    32  education.  Any  licensed  naturopathic  doctor whose first registration
    33  date following the effective date of this section occurs less than three
    34  years from such effective  date,  shall  complete  continuing  education
    35  hours  on  a  prorated  basis  at the rate of one and one-half hours per
    36  month for the number of months between the effective date and the  first
    37  registration  date.    Thereafter,  a licensee who has not satisfied the
    38  mandatory continuing education requirements shall not be issued a trien-
    39  nial registration certificate by the department and shall  not  practice
    40  unless  and  until  a  conditional registration certificate is issued as
    41  provided in subdivision three of this section.  The individual  licensee
    42  shall  determine  the selection of courses or programs of study pursuant
    43  to subdivision four of this section. Continuing  education  hours  taken
    44  during  one  triennium  may not be carried over or otherwise credited or
    45  transferred to a subsequent triennium.
    46    3. The department, in its discretion, may issue a  conditional  regis-
    47  tration  to  a  licensee  who  fails  to  meet  the continuing education
    48  requirements established in subdivision two  of  this  section  but  who
    49  agrees  to  make  up  any deficiencies and take any additional education
    50  which the department may require. The fee for such a conditional  regis-
    51  tration shall be the same as, and in addition to, the fee for the trien-
    52  nial  registration.  The duration of such conditional registration shall
    53  be determined by the department but  shall  not  exceed  one  year.  Any
    54  licensee  who  is  notified of the denial of registration for failure to
    55  complete the required continued education and who continues to  practice
    56  naturopathic  medicine  without  such  registration, shall be subject to

        A. 7035                            14
 
     1  disciplinary proceedings pursuant to section sixty-five hundred  ten  of
     2  this title.
     3    4.  As  used in this section, "acceptable formal continuing education"
     4  shall mean formal programs of  learning  which  contain  subject  matter
     5  which meet the following requirements: contributes to the enhancement of
     6  professional  and  clinical skills of the naturopathic doctor; meets the
     7  standards prescribed by regulations of the commissioner in  consultation
     8  with  the  board  to fulfill the mandatory continuing education require-
     9  ment; and is sponsored or presented by a state or  a  Canadian  province
    10  naturopathic   medicine  professional  organization  acceptable  to  the
    11  department, a United States or Canadian national  naturopathic  medicine
    12  professional  organization  acceptable to the department, an institution
    13  of higher learning having an accreditation acceptable to the department,
    14  or another sponsor approved by the department,  pursuant  to  the  regu-
    15  lation  of  the commissioner. Continuing education courses must be taken
    16  from a provider who has been approved by the department, based  upon  an
    17  application  and  fee,  pursuant to the regulations of the commissioner.
    18  The department may, in its discretion and as needed to contribute to the
    19  health and welfare of the public, require the completion  of  continuing
    20  education  activities  in  specific  subjects  to fulfill this mandatory
    21  continuing education requirement.
    22    5. Licensed naturopathic doctors shall maintain adequate documentation
    23  of completion  of  acceptable  formal  continuing  education  and  shall
    24  provide  such  documentation  to the department upon request. Failure to
    25  provide such documentation upon request of the department  shall  be  an
    26  act  of  misconduct  subject  to  disciplinary  proceedings  pursuant to
    27  section sixty-five hundred ten of this title.
    28    6. The mandatory continuing education  fee  shall  be  fifty  dollars,
    29  shall  be payable on or before the first day of each triennial registra-
    30  tion period, and shall be in addition to the triennial registration  fee
    31  required by section sixty-eight hundred fifty-seven of this article.
    32    §  3. Subdivision (a) of section 1203 of the limited liability company
    33  law, as amended by chapter 554 of the laws of 2013, is amended  to  read
    34  as follows:
    35    (a)  Notwithstanding  the education law or any other provision of law,
    36  one or more professionals each of whom is authorized by law to render  a
    37  professional  service within the state, or one or more professionals, at
    38  least one of whom is authorized by law to render a professional  service
    39  within  the  state,  may  form,  or  cause  to be formed, a professional
    40  service limited liability company for pecuniary profit under this  arti-
    41  cle for the purpose of rendering the professional service or services as
    42  such professionals are authorized to practice. With respect to a profes-
    43  sional  service  limited  liability  company  formed  to provide medical
    44  services as such services are defined in article 131  of  the  education
    45  law,  each  member  of  such  limited liability company must be licensed
    46  pursuant to article 131 of the education law  to  practice  medicine  in
    47  this  state.  With  respect  to a professional service limited liability
    48  company formed to provide naturopathic services  as  such  services  are
    49  defined in article 138 of the education law, each member of such limited
    50  liability company must be licensed pursuant to article 138 of the educa-
    51  tion  law  to  practice  naturopathy  in  this  state. With respect to a
    52  professional service limited liability company formed to provide  dental
    53  services  as  such  services are defined in article 133 of the education
    54  law, each member of such limited  liability  company  must  be  licensed
    55  pursuant  to  article  133 of the education law to practice dentistry in
    56  this state. With respect to a  professional  service  limited  liability

        A. 7035                            15
 
     1  company  formed  to  provide  veterinary  services  as such services are
     2  defined in article 135 of the education law, each member of such limited
     3  liability company must be licensed pursuant to article 135 of the educa-
     4  tion  law to practice veterinary medicine in this state. With respect to
     5  a professional service  limited  liability  company  formed  to  provide
     6  professional engineering, land surveying, architectural and/or landscape
     7  architectural  services  as  such  services  are defined in article 145,
     8  article 147 and article 148 of the education law, each  member  of  such
     9  limited  liability  company  must  be  licensed pursuant to article 145,
    10  article 147 and/or article 148 of the education law to practice  one  or
    11  more  of  such professions in this state. With respect to a professional
    12  service limited liability company formed to  provide  licensed  clinical
    13  social  work services as such services are defined in article 154 of the
    14  education law, each member of such limited liability  company  shall  be
    15  licensed  pursuant  to  article  154  of  the  education law to practice
    16  licensed clinical social work in this state. With respect to  a  profes-
    17  sional service limited liability company formed to provide creative arts
    18  therapy  services  as  such  services  are defined in article 163 of the
    19  education law, each member of such limited  liability  company  must  be
    20  licensed  pursuant to article 163 of the education law to practice crea-
    21  tive arts therapy in this state. With respect to a professional  service
    22  limited  liability company formed to provide marriage and family therapy
    23  services as such services are defined in article 163  of  the  education
    24  law,  each  member  of  such  limited liability company must be licensed
    25  pursuant to article 163 of the education law to  practice  marriage  and
    26  family  therapy  in  this  state. With respect to a professional service
    27  limited liability company formed to  provide  mental  health  counseling
    28  services  as  such  services are defined in article 163 of the education
    29  law, each member of such limited  liability  company  must  be  licensed
    30  pursuant  to  article 163 of the education law to practice mental health
    31  counseling in this state. With respect to a professional service limited
    32  liability company formed to  provide  psychoanalysis  services  as  such
    33  services are defined in article 163 of the education law, each member of
    34  such  limited liability company must be licensed pursuant to article 163
    35  of the education law to practice  psychoanalysis  in  this  state.  With
    36  respect  to  a  professional service limited liability company formed to
    37  provide applied behavior analysis services as such services are  defined
    38  in article 167 of the education law, each member of such limited liabil-
    39  ity company must be licensed or certified pursuant to article 167 of the
    40  education  law  to  practice applied behavior analysis in this state. In
    41  addition to engaging in such profession or professions,  a  professional
    42  service  limited  liability  company may engage in any other business or
    43  activities as to which a limited liability company may be  formed  under
    44  section  two  hundred  one  of this chapter.   Notwithstanding any other
    45  provision of this section,  a  professional  service  limited  liability
    46  company  (i)  authorized  to  practice  law  may  only engage in another
    47  profession or business or activities or  (ii)  which  is  engaged  in  a
    48  profession  or  other  business  or  activities  other than law may only
    49  engage in the practice of law, to the extent not prohibited by any other
    50  law of this state or any rule adopted by the appropriate appellate divi-
    51  sion of the supreme court or the court of appeals.
    52    § 3-a. Subdivision (a) of section 1203 of the limited liability compa-
    53  ny law, as amended by chapter 475 of the laws of  2014,  is  amended  to
    54  read as follows:
    55    (a)  Notwithstanding  the education law or any other provision of law,
    56  one or more professionals each of whom is authorized by law to render  a

        A. 7035                            16
 
     1  professional  service within the state, or one or more professionals, at
     2  least one of whom is authorized by law to render a professional  service
     3  within  the  state,  may  form,  or  cause  to be formed, a professional
     4  service  limited liability company for pecuniary profit under this arti-
     5  cle for the purpose of rendering the professional service or services as
     6  such professionals are authorized  to  practice.    With  respect  to  a
     7  professional service limited liability company formed to provide medical
     8  services  as  such  services are defined in article 131 of the education
     9  law, each member of such limited  liability  company  must  be  licensed
    10  pursuant  to  article  131  of the education law to practice medicine in
    11  this state.  With respect to a professional  service  limited  liability
    12  company  formed  to  provide  naturopathic services as such services are
    13  defined in article 138 of the education law, each member of such limited
    14  liability company must be licensed pursuant to article 138 of the educa-
    15  tion law to practice naturopathy  in  this  state.  With  respect  to  a
    16  professional  service limited liability company formed to provide dental
    17  services as such services are defined in article 133  of  the  education
    18  law,  each  member  of  such  limited liability company must be licensed
    19  pursuant to article 133 of the education law to  practice  dentistry  in
    20  this  state.  With  respect  to a professional service limited liability
    21  company formed to provide  veterinary  services  as  such  services  are
    22  defined in article 135 of the education law, each member of such limited
    23  liability company must be licensed pursuant to article 135 of the educa-
    24  tion  law to practice veterinary medicine in this state. With respect to
    25  a professional service  limited  liability  company  formed  to  provide
    26  professional   engineering,  land  surveying,  architectural,  landscape
    27  architectural and/or geological services as such services are defined in
    28  article 145, article 147 and article 148  of  the  education  law,  each
    29  member  of  such  limited liability company must be licensed pursuant to
    30  article 145, article 147 and/or article 148  of  the  education  law  to
    31  practice  one or more of such professions in this state. With respect to
    32  a professional service  limited  liability  company  formed  to  provide
    33  licensed  clinical  social work services as such services are defined in
    34  article 154 of the education law, each member of such limited  liability
    35  company  shall  be licensed pursuant to article 154 of the education law
    36  to practice licensed clinical social work in this state. With respect to
    37  a professional service limited liability company formed to provide crea-
    38  tive arts therapy services as such services are defined in  article  163
    39  of the education law, each member of such limited liability company must
    40  be  licensed  pursuant  to  article 163 of the education law to practice
    41  creative arts therapy in this state.  With  respect  to  a  professional
    42  service  limited liability company formed to provide marriage and family
    43  therapy services as such services are defined  in  article  163  of  the
    44  education  law,  each  member  of such limited liability company must be
    45  licensed pursuant to article  163  of  the  education  law  to  practice
    46  marriage  and  family  therapy  in this state. With respect to a profes-
    47  sional service limited liability company formed to provide mental health
    48  counseling 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 mental
    51  health counseling in this state. With respect to a professional  service
    52  limited  liability  company formed to provide psychoanalysis services as
    53  such services are defined in article 163  of  the  education  law,  each
    54  member  of  such  limited liability company must be licensed pursuant to
    55  article 163 of the education law  to  practice  psychoanalysis  in  this
    56  state.  With respect to a professional service limited liability company

        A. 7035                            17
 
     1  formed to provide applied behavior analysis services  as  such  services
     2  are  defined  in  article  167 of the education law, each member of such
     3  limited liability company must be  licensed  or  certified  pursuant  to
     4  article  167  of the education law to practice applied behavior analysis
     5  in  this  state.  In  addition  to  engaging  in  such   profession   or
     6  professions, a professional service limited liability company may engage
     7  in  any  other  business  or  activities as to which a limited liability
     8  company may be formed under section two hundred  one  of  this  chapter.
     9  Notwithstanding  any  other  provision  of  this section, a professional
    10  service limited liability company (i) authorized  to  practice  law  may
    11  only  engage  in  another  profession  or business or activities or (ii)
    12  which is engaged in a profession or other business or  activities  other
    13  than  law  may  only  engage  in  the practice of law, to the extent not
    14  prohibited by any other law of this state or any  rule  adopted  by  the
    15  appropriate  appellate  division  of  the  supreme court or the court of
    16  appeals.
    17    § 4. Subdivision (b) of section 1207 of the limited liability  company
    18  law,  as  amended by chapter 554 of the laws of 2013, is amended to read
    19  as follows:
    20    (b) With respect to a professional service limited  liability  company
    21  formed to provide medical services as such services are defined in arti-
    22  cle  131  of  the  education  law, each member of such limited liability
    23  company must be licensed pursuant to article 131 of the education law to
    24  practice medicine in this state.  With respect to a professional service
    25  limited liability company formed to  provide  naturopathic  services  as
    26  such  services  are  defined  in  article 138 of the education law, each
    27  member of such limited liability company must be  licensed  pursuant  to
    28  article  138 of the education law to practice naturopathy in this state.
    29  With respect to a professional service limited liability company  formed
    30  to  provide  dental services as such services are defined in article 133
    31  of the education law, each member of such limited liability company must
    32  be licensed pursuant to article 133 of the  education  law  to  practice
    33  dentistry  in this state. With respect to a professional service limited
    34  liability company formed to provide veterinary services as such services
    35  are defined in article 135 of the education law,  each  member  of  such
    36  limited  liability  company  must be licensed pursuant to article 135 of
    37  the education law to practice veterinary medicine in  this  state.  With
    38  respect  to  a  professional service limited liability company formed to
    39  provide professional engineering, land surveying,  architectural  and/or
    40  landscape architectural services as such services are defined in article
    41  145,  article  147  and article 148 of the education law, each member of
    42  such limited liability company must be licensed pursuant to article 145,
    43  article 147 and/or article 148 of the education law to practice  one  or
    44  more  of  such professions in this state. With respect to a professional
    45  service limited liability company formed to  provide  licensed  clinical
    46  social  work services as such services are defined in article 154 of the
    47  education law, each member of such limited liability  company  shall  be
    48  licensed  pursuant  to  article  154  of  the  education law to practice
    49  licensed clinical social work in this state. With respect to  a  profes-
    50  sional service limited liability company formed to provide creative arts
    51  therapy  services  as  such  services  are defined in article 163 of the
    52  education law, each member of such limited  liability  company  must  be
    53  licensed  pursuant to article 163 of the education law to practice crea-
    54  tive arts therapy in this state. With respect to a professional  service
    55  limited  liability company formed to provide marriage and family therapy
    56  services as such services are defined in article 163  of  the  education

        A. 7035                            18
 
     1  law,  each  member  of  such  limited liability company must be licensed
     2  pursuant to article 163 of the education law to  practice  marriage  and
     3  family  therapy  in  this  state. With respect to a professional service
     4  limited  liability  company  formed  to provide mental health counseling
     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  mental  health
     8  counseling in this state. With respect to a professional service limited
     9  liability  company  formed  to  provide  psychoanalysis services as such
    10  services are defined in article 163 of the education law, each member of
    11  such limited liability company must be licensed pursuant to article  163
    12  of  the  education  law  to  practice psychoanalysis in this state. With
    13  respect to a professional service limited liability  company  formed  to
    14  provide  applied behavior analysis services as such services are defined
    15  in article 167 of the education law, each member of such limited liabil-
    16  ity company must be licensed or certified pursuant to article 167 of the
    17  education law to practice applied behavior analysis in this state.
    18    § 4-a. Subdivision (b) of section 1207 of the limited liability compa-
    19  ny law, as amended by chapter 475 of the laws of  2014,  is  amended  to
    20  read as follows:
    21    (b)  With  respect to a professional service limited liability company
    22  formed to provide medical services as such services are defined in arti-
    23  cle 131 of the education law, each  member  of  such  limited  liability
    24  company must be licensed pursuant to article 131 of the education law to
    25  practice medicine in this state.  With respect to a professional service
    26  limited  liability  company  formed  to provide naturopathic services as
    27  such services are defined in article 138  of  the  education  law,  each
    28  member  of  such  limited liability company must be licensed pursuant to
    29  article 138 of the education law to practice naturopathy in this  state.
    30  With  respect to a professional service limited liability company formed
    31  to provide dental services as such services are defined in  article  133
    32  of the education law, each member of such limited liability company must
    33  be  licensed  pursuant  to  article 133 of the education law to practice
    34  dentistry in this state. With respect to a professional service  limited
    35  liability company formed to provide veterinary services as such services
    36  are  defined  in  article  135 of the education law, each member of such
    37  limited liability company must be licensed pursuant to  article  135  of
    38  the  education  law  to practice veterinary medicine in this state. With
    39  respect to a professional service limited liability  company  formed  to
    40  provide  professional  engineering, land surveying, architectural, land-
    41  scape architectural and/or geological  services  as  such  services  are
    42  defined  in  article  145,  article 147 and article 148 of the education
    43  law, each member of such limited  liability  company  must  be  licensed
    44  pursuant to article 145, article 147 and/or article 148 of the education
    45  law  to  practice  one  or  more of such professions in this state. With
    46  respect to a professional service limited liability  company  formed  to
    47  provide  licensed  clinical  social  work  services as such services are
    48  defined in article 154 of the education law, each member of such limited
    49  liability company shall be licensed  pursuant  to  article  154  of  the
    50  education  law  to practice licensed clinical social work in this state.
    51  With respect to a professional service limited liability company  formed
    52  to  provide  creative arts therapy services as such services are defined
    53  in article 163 of the education law, each member of such limited liabil-
    54  ity company must be licensed pursuant to article 163  of  the  education
    55  law  to  practice creative arts therapy in this state. With respect to a
    56  professional  service  limited  liability  company  formed  to   provide

        A. 7035                            19
 
     1  marriage  and  family  therapy  services as such services are defined in
     2  article 163 of the education law, each member of such limited  liability
     3  company must be licensed pursuant to article 163 of the education law to
     4  practice  marriage  and  family therapy in this state. With respect to a
     5  professional service limited liability company formed to provide  mental
     6  health  counseling  services as such services are defined in article 163
     7  of the education law, each member of such limited liability company must
     8  be licensed pursuant to article 163 of the  education  law  to  practice
     9  mental  health  counseling in this state. With respect to a professional
    10  service limited  liability  company  formed  to  provide  psychoanalysis
    11  services  as  such  services are defined in article 163 of the education
    12  law, each member of such limited  liability  company  must  be  licensed
    13  pursuant  to article 163 of the education law to practice psychoanalysis
    14  in this state. With respect to a professional service limited  liability
    15  company  formed  to  provide  applied behavior analysis services as such
    16  services are defined in article 167 of the education law, each member of
    17  such limited liability company must be licensed or certified pursuant to
    18  article 167 of the education law to practice applied  behavior  analysis
    19  in this state.
    20    §  5. Subdivision (a) of section 1301 of the limited liability company
    21  law, as amended by chapter 554 of the laws of 2013, is amended  to  read
    22  as follows:
    23    (a)  "Foreign  professional service limited liability company" means a
    24  professional service limited liability company, whether or  not  denomi-
    25  nated  as  such,  organized  under the laws of a jurisdiction other than
    26  this state, (i) each of whose members and managers, if any, is a profes-
    27  sional authorized by law to render a professional  service  within  this
    28  state  and who is or has been engaged in the practice of such profession
    29  in such professional service limited liability company or a  predecessor
    30  entity, or will engage in the practice of such profession in the profes-
    31  sional  service limited liability company within thirty days of the date
    32  such professional becomes a member, or each of whose members and  manag-
    33  ers,  if  any, is a professional at least one of such members is author-
    34  ized by law to render a professional service within this state  and  who
    35  is  or  has  been  engaged  in  the  practice of such profession in such
    36  professional service limited liability company or a predecessor  entity,
    37  or  will  engage  in the practice of such profession in the professional
    38  service limited liability company within thirty days of  the  date  such
    39  professional  becomes  a  member,  or  (ii)  authorized by, or holding a
    40  license, certificate, registration or permit  issued  by  the  licensing
    41  authority  pursuant  to,  the  education  law  to  render a professional
    42  service within this state; except that all members and managers, if any,
    43  of  a  foreign  professional  service  limited  liability  company  that
    44  provides  health services in this state shall be licensed in this state.
    45  With respect to a professional service limited liability company  formed
    46  to provide naturopathic services as such services are defined in article
    47  138  of the education law, each member of such limited liability company
    48  must be licensed pursuant to article 138 of the education law  to  prac-
    49  tice  naturopathy  in this state. With respect to a foreign professional
    50  service limited liability company which provides veterinary services  as
    51  such  services  are  defined  in  article 135 of the education law, each
    52  member of such foreign professional service  limited  liability  company
    53  shall  be licensed pursuant to article 135 of the education law to prac-
    54  tice veterinary medicine. With respect to a foreign professional service
    55  limited liability  company  which  provides  medical  services  as  such
    56  services are defined in article 131 of the education law, each member of

        A. 7035                            20
 
     1  such  foreign  professional  service  limited  liability company must be
     2  licensed pursuant to article 131 of the education law to practice  medi-
     3  cine  in  this  state.    With respect to a foreign professional service
     4  limited  liability  company  which  provides  dental  services  as  such
     5  services are defined in article 133 of the education law, each member of
     6  such foreign professional service  limited  liability  company  must  be
     7  licensed  pursuant  to  article  133  of  the  education law to practice
     8  dentistry in this state. With respect to a foreign professional  service
     9  limited  liability company which provides professional engineering, land
    10  surveying, architectural and/or landscape architectural services as such
    11  services are defined in article 145, article 147 and article 148 of  the
    12  education  law, each member of such foreign professional service limited
    13  liability company must be licensed pursuant to article 145, article  147
    14  and/or  article 148 of the education law to practice one or more of such
    15  professions in this  state.  With  respect  to  a  foreign  professional
    16  service  limited  liability  company  which  provides  licensed clinical
    17  social work services as such services are defined in article 154 of  the
    18  education  law, each member of such foreign professional service limited
    19  liability company shall be licensed  pursuant  to  article  154  of  the
    20  education  law  to  practice  clinical  social  work in this state. With
    21  respect to a foreign  professional  service  limited  liability  company
    22  which  provides  creative  arts  therapy  services  as such services are
    23  defined in article 163 of the education law, each member of such foreign
    24  professional service limited liability company must be licensed pursuant
    25  to article 163 of the education law to practice creative arts therapy in
    26  this state. With respect  to  a  foreign  professional  service  limited
    27  liability company which provides marriage and family therapy services as
    28  such  services  are  defined  in  article 163 of the education law, each
    29  member of such foreign professional service  limited  liability  company
    30  must  be  licensed pursuant to article 163 of the education law to prac-
    31  tice marriage and family therapy  in  this  state.  With  respect  to  a
    32  foreign  professional  service  limited liability company which provides
    33  mental health counseling services as such services are defined in  arti-
    34  cle  163  of the education law, each member of such foreign professional
    35  service limited liability company must be licensed pursuant  to  article
    36  163  of  the  education law to practice mental health counseling in this
    37  state. With respect to a foreign professional service limited  liability
    38  company  which  provides  psychoanalysis  services  as such services are
    39  defined in article 163 of the education law, each member of such foreign
    40  professional service limited liability company must be licensed pursuant
    41  to article 163 of the education law to practice psychoanalysis  in  this
    42  state.  With respect to a foreign professional service limited liability
    43  company which  provides  applied  behavior  analysis  services  as  such
    44  services are defined in article 167 of the education law, each member of
    45  such  foreign  professional  service  limited  liability company must be
    46  licensed or certified pursuant to article 167 of the  education  law  to
    47  practice applied behavior analysis in this state.
    48    § 5-a. Subdivision (a) of section 1301 of the limited liability compa-
    49  ny  law,  as  amended  by chapter 475 of the laws of 2014, is amended to
    50  read as follows:
    51    (a) "Foreign professional service limited liability company"  means  a
    52  professional  service  limited liability company, whether or not denomi-
    53  nated as such, organized under the laws of  a  jurisdiction  other  than
    54  this state, (i) each of whose members and managers, if any, is a profes-
    55  sional  authorized  by  law to render a professional service within this
    56  state and who is or has been engaged in the practice of such  profession

        A. 7035                            21
 
     1  in  such professional service limited liability company or a predecessor
     2  entity, or will engage in the practice of such profession in the profes-
     3  sional service limited liability company within thirty days of the  date
     4  such  professional becomes a member, or each of whose members and manag-
     5  ers, if any, is a professional at least one of such members  is  author-
     6  ized  by  law to render a professional service within this state and who
     7  is or has been engaged in  the  practice  of  such  profession  in  such
     8  professional  service limited liability company or a predecessor entity,
     9  or will engage in the practice of such profession  in  the  professional
    10  service  limited  liability  company within thirty days of the date such
    11  professional becomes a member, or  (ii)  authorized  by,  or  holding  a
    12  license,  certificate,  registration  or  permit issued by the licensing
    13  authority pursuant to,  the  education  law  to  render  a  professional
    14  service within this state; except that all members and managers, if any,
    15  of  a  foreign  professional  service  limited  liability  company  that
    16  provides health services in this state shall be licensed in this  state.
    17  With  respect to a professional service limited liability company formed
    18  to provide naturopathic services as such services are defined in article
    19  138 of the education law, each member of such limited liability  company
    20  must  be  licensed pursuant to article 138 of the education law to prac-
    21  tice naturopathy in this state. With respect to a  foreign  professional
    22  service  limited liability company which provides veterinary services as
    23  such services are defined in article 135  of  the  education  law,  each
    24  member  of  such  foreign professional service limited liability company
    25  shall be licensed pursuant to article 135 of the education law to  prac-
    26  tice veterinary medicine. With respect to a foreign professional service
    27  limited  liability  company  which  provides  medical  services  as such
    28  services are defined in article 131 of the education law, each member of
    29  such foreign professional service  limited  liability  company  must  be
    30  licensed  pursuant to article 131 of the education law to practice medi-
    31  cine in this state.   With respect to  a  foreign  professional  service
    32  limited  liability  company  which  provides  dental  services  as  such
    33  services are defined in article 133 of the education law, each member of
    34  such foreign professional service  limited  liability  company  must  be
    35  licensed  pursuant  to  article  133  of  the  education law to practice
    36  dentistry in this state. With respect to a foreign professional  service
    37  limited  liability company which provides professional engineering, land
    38  surveying,  geologic,  architectural  and/or   landscape   architectural
    39  services  as  such  services are defined in article 145, article 147 and
    40  article 148 of the education law, each member of  such  foreign  profes-
    41  sional  service  limited  liability company must be licensed pursuant to
    42  article 145, article 147 and/or article 148  of  the  education  law  to
    43  practice  one or more of such professions in this state. With respect to
    44  a foreign professional service limited liability company which  provides
    45  licensed  clinical  social work services as such services are defined in
    46  article 154 of the education law, each member of  such  foreign  profes-
    47  sional  service  limited liability company shall be licensed pursuant to
    48  article 154 of the education law to practice  clinical  social  work  in
    49  this  state.  With  respect  to  a  foreign professional service limited
    50  liability company which provides creative arts therapy services as  such
    51  services are defined in article 163 of the education law, each member of
    52  such  foreign  professional  service  limited  liability company must be
    53  licensed pursuant to article 163 of the education law to practice  crea-
    54  tive  arts therapy in this state. With respect to a foreign professional
    55  service limited liability company which  provides  marriage  and  family
    56  therapy  services  as  such  services  are defined in article 163 of the

        A. 7035                            22
 
     1  education law, each member of such foreign professional service  limited
     2  liability company must be licensed pursuant to article 163 of the educa-
     3  tion  law  to  practice  marriage and family therapy in this state. With
     4  respect  to  a  foreign  professional  service limited liability company
     5  which provides mental health counseling services as  such  services  are
     6  defined in article 163 of the education law, each member of such foreign
     7  professional service limited liability company must be licensed pursuant
     8  to article 163 of the education law to practice mental health counseling
     9  in  this  state.  With respect to a foreign professional service limited
    10  liability  company  which  provides  psychoanalysis  services  as   such
    11  services are defined in article 163 of the education law, each member of
    12  such  foreign  professional  service  limited  liability company must be
    13  licensed pursuant to article  163  of  the  education  law  to  practice
    14  psychoanalysis  in  this  state.  With respect to a foreign professional
    15  service limited liability company which provides applied behavior analy-
    16  sis services as such services are defined in article 167 of  the  educa-
    17  tion  law,  each  member  of  such  foreign professional service limited
    18  liability company must be licensed or certified pursuant to article  167
    19  of  the  education  law  to  practice  applied behavior analysis in this
    20  state.
    21    § 6. Subdivision (q) of section 121-1500 of the  partnership  law,  as
    22  amended  by  chapter  554  of  the  laws  of 2013, is amended to read as
    23  follows:
    24    (q) Each partner of a registered limited liability partnership  formed
    25  to  provide  medical services in this state must be licensed pursuant to
    26  article 131 of the education law to practice medicine in this state  and
    27  each  partner  of  a  registered limited liability partnership formed to
    28  provide dental services in this state must be licensed pursuant to arti-
    29  cle 133 of the education law to practice dentistry in this  state.  Each
    30  partner  of a registered limited liability partnership formed to provide
    31  naturopathic services in this state must be licensed pursuant to article
    32  138 of the education law to practice naturopathy  in  this  state.  Each
    33  partner  of a registered limited liability partnership formed to provide
    34  veterinary services in this state must be licensed pursuant  to  article
    35  135  of the education law to practice veterinary medicine in this state.
    36  Each partner of a registered limited  liability  partnership  formed  to
    37  provide  professional  engineering, land surveying, architectural and/or
    38  landscape architectural services in this state must be licensed pursuant
    39  to article 145, article 147 and/or article 148 of the education  law  to
    40  practice  one or more of such professions in this state. Each partner of
    41  a registered limited liability partnership formed  to  provide  licensed
    42  clinical social work services in this state must be licensed pursuant to
    43  article  154  of  the  education law to practice clinical social work in
    44  this state. Each partner of a registered limited  liability  partnership
    45  formed  to  provide creative arts therapy services in this state must be
    46  licensed pursuant to article 163 of the education law to practice  crea-
    47  tive  arts  therapy  in this state. Each partner of a registered limited
    48  liability partnership formed to  provide  marriage  and  family  therapy
    49  services  in  this state must be licensed pursuant to article 163 of the
    50  education law to practice marriage and family  therapy  in  this  state.
    51  Each  partner  of  a  registered limited liability partnership formed to
    52  provide mental health counseling services in this state must be licensed
    53  pursuant to article 163 of the education law to practice  mental  health
    54  counseling in this state. Each partner of a registered limited liability
    55  partnership formed to provide psychoanalysis services in this state must
    56  be  licensed  pursuant  to  article 163 of the education law to practice

        A. 7035                            23
 
     1  psychoanalysis in this state.  Each  partner  of  a  registered  limited
     2  liability  partnership  formed  to  provide  applied  behavior  analysis
     3  service in this state must be licensed or certified pursuant to  article
     4  167  of  the education law to practice applied behavior analysis in this
     5  state.
     6    § 6-a. Subdivision (q) of section 121-1500 of the partnership law,  as
     7  amended  by  chapter  475  of  the  laws  of 2014, is amended to read as
     8  follows:
     9    (q) Each partner of a registered limited liability partnership  formed
    10  to  provide  medical services in this state must be licensed pursuant to
    11  article 131 of the education law to practice medicine in this state  and
    12  each  partner  of  a  registered limited liability partnership formed to
    13  provide dental services in this state must be licensed pursuant to arti-
    14  cle 133 of the education law to practice dentistry in this state.   Each
    15  partner  of a registered limited liability partnership formed to provide
    16  naturopathic services in this state must be licensed pursuant to article
    17  138 of the education law to practice naturopathy  in  this  state.  Each
    18  partner  of a registered limited liability partnership formed to provide
    19  veterinary services in this state must be licensed pursuant  to  article
    20  135  of the education law to practice veterinary medicine in this state.
    21  Each partner of a registered limited  liability  partnership  formed  to
    22  provide  professional  engineering, land surveying, geological services,
    23  architectural and/or landscape architectural services in this state must
    24  be licensed pursuant to article 145, article 147 and/or article  148  of
    25  the  education  law  to practice one or more of such professions in this
    26  state. Each partner of a registered limited liability partnership formed
    27  to provide licensed clinical social work services in this state must  be
    28  licensed  pursuant to article 154 of the education law to practice clin-
    29  ical social work in this state. Each partner  of  a  registered  limited
    30  liability  partnership  formed to provide creative arts therapy services
    31  in this state must be licensed pursuant to article 163 of the  education
    32  law  to  practice creative arts therapy in this state. Each partner of a
    33  registered limited liability partnership formed to provide marriage  and
    34  family therapy services in this state must be licensed pursuant to arti-
    35  cle  163 of the education law to practice marriage and family therapy in
    36  this state. Each partner of a registered limited  liability  partnership
    37  formed  to  provide mental health counseling services in this state must
    38  be licensed pursuant to article 163 of the  education  law  to  practice
    39  mental  health  counseling  in  this state. Each partner of a registered
    40  limited liability partnership formed to provide psychoanalysis  services
    41  in  this state must be licensed pursuant to article 163 of the education
    42  law to practice psychoanalysis in this state. Each partner of  a  regis-
    43  tered  limited  liability partnership formed to provide applied behavior
    44  analysis service in this state must be licensed or certified pursuant to
    45  article 167 of the education law to practice applied  behavior  analysis
    46  in this state.
    47    §  7.  Subdivision  (q) of section 121-1502 of the partnership law, as
    48  amended by chapter 554 of the laws  of  2013,  is  amended  to  read  as
    49  follows:
    50    (q)  Each  partner  of  a  foreign limited liability partnership which
    51  provides medical services in this state must  be  licensed  pursuant  to
    52  article  131  of the education law to practice medicine in the state and
    53  each partner of a foreign limited liability partnership  which  provides
    54  dental services in the state must be licensed pursuant to article 133 of
    55  the  education law to practice dentistry in this state.  Each partner of
    56  a foreign limited  liability  partnership  which  provides  naturopathic

        A. 7035                            24
 
     1  services  in  this state must be licensed pursuant to article 138 of the
     2  education law to practice naturopathy in this state. Each partner  of  a
     3  foreign  limited liability partnership which provides veterinary service
     4  in  the state shall be licensed pursuant to article 135 of the education
     5  law to practice veterinary medicine in this state.  Each  partner  of  a
     6  foreign  limited liability partnership which provides professional engi-
     7  neering, land surveying, architectural  and/or  landscape  architectural
     8  services in this state must be licensed pursuant to article 145, article
     9  147  and/or  article 148 of the education law to practice one or more of
    10  such professions. Each partner of a foreign limited  liability  partner-
    11  ship which provides licensed clinical social work services in this state
    12  must  be  licensed pursuant to article 154 of the education law to prac-
    13  tice licensed clinical social work in this  state.  Each  partner  of  a
    14  foreign limited liability partnership which provides creative arts ther-
    15  apy  services  in this state must be licensed pursuant to article 163 of
    16  the education law to practice creative arts therapy in this state.  Each
    17  partner  of  a  foreign  limited  liability  partnership  which provides
    18  marriage and family therapy services in  this  state  must  be  licensed
    19  pursuant  to  article  163 of the education law to practice marriage and
    20  family therapy in this state. Each partner of a foreign limited  liabil-
    21  ity partnership which provides mental health counseling services in this
    22  state  must  be licensed pursuant to article 163 of the education law to
    23  practice mental health counseling in  this  state.  Each  partner  of  a
    24  foreign  limited  liability  partnership  which  provides psychoanalysis
    25  services in this state must be licensed pursuant to article 163  of  the
    26  education  law to practice psychoanalysis in this state. Each partner of
    27  a foreign limited liability partnership which provides applied  behavior
    28  analysis  services  in this state must be licensed or certified pursuant
    29  to article 167 of the education law to practice applied behavior  analy-
    30  sis in this state.
    31    §  7-a. Subdivision (q) of section 121-1500 of the partnership law, as
    32  amended by chapter 475 of the laws  of  2014,  is  amended  to  read  as
    33  follows:
    34    (q)  Each  partner  of  a  foreign limited liability partnership which
    35  provides medical services in this state must  be  licensed  pursuant  to
    36  article  131  of the education law to practice medicine in the state and
    37  each partner of a foreign limited liability partnership  which  provides
    38  dental services in the state must be licensed pursuant to article 133 of
    39  the education law to practice dentistry in this state. Each partner of a
    40  foreign   limited  liability  partnership  which  provides  naturopathic
    41  services in this state must be licensed pursuant to article 138  of  the
    42  education  law  to practice naturopathy in this state. Each partner of a
    43  foreign limited liability partnership which provides veterinary  service
    44  in  the state shall be licensed pursuant to article 135 of the education
    45  law to practice veterinary medicine in this state.   Each partner  of  a
    46  foreign  limited liability partnership which provides professional engi-
    47  neering, land surveying, geological services, architectural and/or land-
    48  scape architectural services in this state must be licensed pursuant  to
    49  article  145,  article  147  and/or  article 148 of the education law to
    50  practice one or more of such professions.  Each  partner  of  a  foreign
    51  limited  liability  partnership  which provides licensed clinical social
    52  work services in this state must be licensed pursuant to article 154  of
    53  the  education  law  to  practice  licensed clinical social work in this
    54  state. Each partner of a foreign  limited  liability  partnership  which
    55  provides  creative  arts therapy services in this state must be licensed
    56  pursuant to article 163 of the education law to practice  creative  arts

        A. 7035                            25
 
     1  therapy in this state. Each partner of a foreign limited liability part-
     2  nership  which  provides  marriage  and  family therapy services in this
     3  state must be licensed pursuant to article 163 of the education  law  to
     4  practice  marriage  and  family therapy in this state. Each partner of a
     5  foreign limited liability partnership which provides mental health coun-
     6  seling services in this state must be licensed pursuant to  article  163
     7  of the education law to practice mental health counseling in this state.
     8  Each  partner  of a foreign limited liability partnership which provides
     9  psychoanalysis services in this state must be licensed pursuant to arti-
    10  cle 163 of the education law to practice psychoanalysis in  this  state.
    11  Each  partner  of a foreign limited liability partnership which provides
    12  applied behavior analysis services in this state  must  be  licensed  or
    13  certified  pursuant  to  article  167  of  the education law to practice
    14  applied behavior analysis in this state.
    15    § 8. Paragraph (a) of subdivision 1  of  section  413  of  the  social
    16  services  law, as amended by chapter 126 of the laws of 2014, is amended
    17  to read as follows:
    18    (a) The following persons and officials  are  required  to  report  or
    19  cause  a  report to be made in accordance with this title when they have
    20  reasonable cause to suspect that a child coming  before  them  in  their
    21  professional  or  official capacity is an abused or maltreated child, or
    22  when they have reasonable cause to suspect that a child is an abused  or
    23  maltreated  child  where the parent, guardian, custodian or other person
    24  legally responsible for such child comes before them  in  their  profes-
    25  sional  or  official  capacity and states from personal knowledge facts,
    26  conditions or circumstances which, if correct, would render the child an
    27  abused or maltreated child: any physician; registered physician  assist-
    28  ant;  surgeon;  medical  examiner;  coroner;  dentist; dental hygienist;
    29  osteopath; optometrist; chiropractor; podiatrist;  naturopathic  doctor;
    30  resident;  intern;  psychologist; registered nurse; social worker; emer-
    31  gency medical technician; licensed  creative  arts  therapist;  licensed
    32  marriage   and  family  therapist;  licensed  mental  health  counselor;
    33  licensed psychoanalyst; licensed behavior  analyst;  certified  behavior
    34  analyst assistant; hospital personnel engaged in the admission, examina-
    35  tion,  care  or  treatment of persons; a Christian Science practitioner;
    36  school official, which includes but is not limited  to  school  teacher,
    37  school  guidance  counselor,  school psychologist, school social worker,
    38  school nurse, school administrator or other school personnel required to
    39  hold  a  teaching  or  administrative  license  or  certificate;  social
    40  services  worker;  director  of  a children's overnight camp, summer day
    41  camp or traveling summer day camp, as such camps are defined in  section
    42  thirteen  hundred  ninety-two  of the public health law; day care center
    43  worker; school-age child care worker; provider of family or group family
    44  day care; employee or volunteer in a residential care facility for chil-
    45  dren that is licensed, certified or operated by the office  of  children
    46  and  family  services;  or  any  other child care or foster care worker;
    47  mental health professional; substance abuse counselor; alcoholism  coun-
    48  selor;  all  persons  credentialed  by  the  office  of  alcoholism  and
    49  substance abuse services; peace officer; police officer; district attor-
    50  ney or assistant district attorney; investigator employed in the  office
    51  of a district attorney; or other law enforcement official.
    52    §  8-a.  Paragraph  (a)  of subdivision 1 of section 413 of the social
    53  services law, as separately amended by chapters 126 and 205 of the  laws
    54  of 2014, is amended to read as follows:
    55    (a)  The  following  persons  and  officials are required to report or
    56  cause a report to be made in accordance with this title when  they  have

        A. 7035                            26
 
     1  reasonable  cause  to  suspect  that a child coming before them in their
     2  professional or official capacity is an abused or maltreated  child,  or
     3  when  they have reasonable cause to suspect that a child is an abused or
     4  maltreated  child  where the parent, guardian, custodian or other person
     5  legally responsible for such child comes before them  in  their  profes-
     6  sional  or  official  capacity and states from personal knowledge facts,
     7  conditions or circumstances which, if correct, would render the child an
     8  abused or maltreated child: any physician; registered physician  assist-
     9  ant;  surgeon;  medical  examiner;  coroner;  dentist; dental hygienist;
    10  osteopath; optometrist; chiropractor; podiatrist;  naturopathic  doctor;
    11  resident;  intern;  psychologist; registered nurse; social worker; emer-
    12  gency medical technician; licensed  creative  arts  therapist;  licensed
    13  marriage   and  family  therapist;  licensed  mental  health  counselor;
    14  licensed psychoanalyst; licensed behavior  analyst;  certified  behavior
    15  analyst assistant; hospital personnel engaged in the admission, examina-
    16  tion,  care  or  treatment of persons; a Christian Science practitioner;
    17  school official, which includes but is not limited  to  school  teacher,
    18  school  guidance  counselor,  school psychologist, school social worker,
    19  school nurse, school administrator or other school personnel required to
    20  hold a teaching or administrative license or certificate; full or  part-
    21  time  compensated  school employee required to hold a temporary coaching
    22  license or professional coaching certificate;  social  services  worker;
    23  director  of  a  children's overnight camp, summer day camp or traveling
    24  summer day camp, as such camps are defined in section  thirteen  hundred
    25  ninety-two  of the public health law; day care center worker; school-age
    26  child care worker; provider of family or group family day care; employee
    27  or volunteer in  a  residential  care  facility  for  children  that  is
    28  licensed,  certified  or  operated  by the office of children and family
    29  services; or any other child care or foster care worker;  mental  health
    30  professional;  substance  abuse  counselor;  alcoholism  counselor;  all
    31  persons credentialed by the office of  alcoholism  and  substance  abuse
    32  services;  peace officer; police officer; district attorney or assistant
    33  district attorney; investigator employed in the  office  of  a  district
    34  attorney; or other law enforcement official.
    35    § 9. 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    § 10. 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    §  11.  This  act  shall  take effect on the five hundred fortieth day
    54  after it shall have become a law; provided however, that:
    55    a. section eight of this act shall take effect  immediately;  provided
    56  however that;

        A. 7035                            27
 
     1    b.  section eight-a of this act shall take effect on the same date and
     2  in the same manner as section 1 of chapter 205  of  the  laws  of  2014,
     3  takes effect;
     4    c.  the  amendments  to subdivision (a) of section 1203 of the limited
     5  liability company law made by section three-a of  this  act  shall  take
     6  effect  on the same date and in the same manner as section twenty-one of
     7  chapter 475 of the laws of 2014, takes effect;
     8    d. the amendments to subdivision (a) of section 1207  of  the  limited
     9  liability  company  law  made  by  section four-a of this act shall take
    10  effect on the same date and in the same manner as section twenty-two  of
    11  chapter 475 of the laws of 2014, takes effect;
    12    e.  the  amendments  to subdivision (a) of section 1301 of the limited
    13  liability company law made by section five-a  of  this  act  shall  take
    14  effect  on  the same date and in the same manner as section twenty-three
    15  of chapter 475 of the laws of 2014, takes effect;
    16    f. the amendments to subdivision (q) of section 121-1500 of the  part-
    17  nership  law  made by section six-a of this act shall take effect on the
    18  same date and in the same manner as section twenty-six of chapter 475 of
    19  the laws of 2014, takes effect;
    20    g. the amendments to subdivision (q) of section 121-1502 of the  part-
    21  nership law made by section seven-a of this act shall take effect on the
    22  same  date and in the same manner as section twenty-seven of chapter 475
    23  of the laws of 2014, takes effect;
    24    h. the provisions of section 6854 of the education law,  as  added  by
    25  section two of this act, shall take effect two years after the effective
    26  date of this act;
    27    i.  the  provisions  of section 6856 of the education law, as added by
    28  section two of this act, shall expire and be deemed repealed  ten  years
    29  after the effective date of this act;
    30    j.  the  provisions of sections 6858 and 6861 of the education law, as
    31  added by section two of this act, shall expire and  be  deemed  repealed
    32  twenty years after the effective date of this act;
    33    k.  the  provisions  of section 6862 of the education law, as added by
    34  section two of this act, shall take effect three years after the  effec-
    35  tive date of this act; and
    36    l. effective immediately, the addition, amendment and/or repeal of any
    37  rule  or  regulation necessary for the implementation of this act on its
    38  effective date is authorized and directed to be made  and  completed  by
    39  the commissioner of education and the board of regents on or before such
    40  effective date.
Go to top