S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         7035
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                    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    S  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    S 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    S 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    S 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    S 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    S 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    S 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    S 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    S 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    S  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    S 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    S 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    S  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    S 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    S  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    S 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    S 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    S 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    S  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    S 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    S 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    S 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    S  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    S  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    S 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    S  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    S 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    S 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    S  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.