Bill Text: NY A00123 | 2023-2024 | General Assembly | Introduced
Bill Title: Provides for the licensing of professional and clinical music therapists encompassing the assessment, evaluation, and the therapeutic intervention and treatment of mental, emotional, developmental and behavioral disorders through the use of music.
Spectrum: Slight Partisan Bill (Democrat 10-4)
Status: (Introduced) 2024-01-03 - referred to higher education [A00123 Detail]
Download: New_York-2023-A00123-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 123 2023-2024 Regular Sessions IN ASSEMBLY (Prefiled) January 4, 2023 ___________ Introduced by M. of A. SOLAGES, WOERNER, BRABENEC, BRONSON, MILLER, McMAHON, McDONOUGH -- read once and referred to the Committee on High- er Education AN ACT to amend the education law, the county law, the limited liability company law and the partnership law, in relation to the licensing of professional and clinical music therapists The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The education law is amended by adding a new article 163-A 2 to read as follows: 3 ARTICLE 163-A 4 MUSIC THERAPY 5 Section 8450. Introduction. 6 8451. Definitions. 7 8452. Authorized practice and the use of the titles "licensed 8 professional music therapist" and "licensed clinical 9 music therapist". 10 8453. State board for music therapy. 11 8454. Requirements for a license. 12 8455. Limited permits. 13 8456. Exemptions. 14 8457. Special provisions. 15 8458. Boundaries of professional competency. 16 8459. Mandatory continuing competency. 17 § 8450. Introduction. This article applies to the profession and prac- 18 tice of music therapy, and to the use of the titles "licensed profes- 19 sional music therapist" and "licensed clinical music therapist". The 20 general provisions for all professions contained in article one hundred 21 thirty of this title apply to this article. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD02061-01-3A. 123 2 1 § 8451. Definitions. 1. (a) The practice of licensed professional 2 music therapy shall mean the clinical and evidence-based use of music 3 interventions to accomplish individualized goals for people of all ages 4 and ability levels within a therapeutic relationship, through the devel- 5 opment of music therapy treatment plans specific to the needs and 6 strengths of the client who may be seen individually and/or in groups. 7 (b) A licensed professional music therapist uses interventions that 8 may include music improvisation, receptive music listening, song writ- 9 ing, lyric discussion, music and imagery, singing, music performance, 10 learning through music, music combined with other arts, music-assisted 11 relaxation, music-based education, electronic music technology, adapted 12 music interventions and movement to music. 13 (c) The practice of licensed professional music therapy does not 14 include the screening, diagnosis or assessment of any physical, mental, 15 or communication disorder. 16 2. (a) The practice of licensed clinical music therapy encompasses the 17 scope of practice of licensed professional music therapy and, in addi- 18 tion, includes the assessment, evaluation, and the therapeutic inter- 19 vention and treatment, which may be either primary, parallel or adjunc- 20 tive, of mental, emotional, developmental and behavioral disorders 21 through the use of music as approved by the department. 22 (b) Licensed clinical music therapists use assessment instruments and 23 mental health counseling and psychotherapy to identify, evaluate and 24 treat dysfunctions and disorders for purposes of providing appropriate 25 clinical music therapy services. 26 3. Psychotherapy means the treatment of mental, nervous, emotional, 27 behavioral and addictive disorders, and ailments by the use of both 28 verbal and behavioral methods of intervention in interpersonal relation- 29 ships with the intent of assisting the persons to modify attitudes, 30 thinking, effect, and behavior which are intellectually, socially and 31 emotionally maladaptive. 32 § 8452. Authorized practice and the use of the titles "licensed 33 professional music therapist" and "licensed clinical music therapist". 34 1. (a) Only a person licensed or exempt under this article shall prac- 35 tice "licensed professional music therapy" as defined in subdivision one 36 of section eighty-four hundred fifty-one of this article. 37 (b) Only a person licensed pursuant to subdivision one of section 38 eighty-four hundred fifty-four of this article shall use the title 39 "licensed professional music therapist" or the designation "LPMT". 40 2. (a) Only a person licensed or exempt under this article shall prac- 41 tice "licensed clinical music therapy" as defined in subdivision two of 42 section eighty-four hundred fifty-one of this article. 43 (b) Only a person licensed pursuant to subdivision two of section 44 eighty-four hundred fifty-four of this article shall use the title 45 "licensed clinical music therapist" or the designation "LCMT". 46 § 8453. State board for music therapy. A state board for music therapy 47 "the board", shall be appointed by the board of regents on recommenda- 48 tion of the commissioner for the purpose of assisting the board of 49 regents and the department on matters of professional licensing, prac- 50 tice, and conduct in accordance with section sixty-five hundred eight of 51 this title. The board shall be composed of not less than twelve members, 52 of which five shall be licensed professional music therapists, five 53 shall be licensed clinical music therapists, and two shall be members of 54 the public. Members of the first board need not be licensed prior to 55 their appointment to the board. The terms of the first appointed members 56 shall be staggered so that four are appointed for three years, four areA. 123 3 1 appointed for four years, and four are appointed for five years. An 2 executive secretary to the board shall be appointed by the board of 3 regents on recommendation of the commissioner and shall be licensed 4 pursuant to this article. 5 § 8454. Requirements for a license. 1. To qualify for a license as a 6 "licensed professional music therapist," an applicant shall fulfill the 7 following requirements: 8 (a) Application: file an application with the department; 9 (b) Education: have received an education, including a baccalaureate 10 degree in music therapy from a program registered by the department or 11 determined by the department to be the substantial equivalent thereof, 12 in accordance with the commissioner's regulations; 13 (c) Experience: have completed at least twelve hundred hours of super- 14 vised clinical training experience in music therapy, with not less than 15 one hundred eighty hours of pre-internship experience and not less than 16 nine hundred hours of internship experience, satisfactory to the depart- 17 ment and in accordance with the commissioner's regulations; 18 (d) Examination: provide proof of passing a national board certif- 19 ication examination or provide proof of being transitioned into a 20 national board certification credential, satisfactory to the board and 21 in accordance with the commissioner's regulations, currently available 22 to music therapists who have met the education and clinical training 23 standards of the profession; 24 (e) Age: be at least twenty-one years of age; 25 (f) Character: be of good moral character as determined by the depart- 26 ment; and 27 (g) Fees: pay a fee of one hundred seventy-five dollars for an initial 28 license and a fee of one hundred seventy dollars for each triennial 29 registration period. 30 2. To qualify for a license as a "licensed clinical music therapist," 31 an applicant shall fulfill the following requirements: 32 (a) Application: file an application with the department; 33 (b) Education: have received an education, including a master's degree 34 or higher in music therapy or a related field from a program registered 35 by the department or determined by the department to be the substantial 36 equivalent thereof, in accordance with the commissioner's regulations. 37 The graduate coursework shall include, but not be limited to, the 38 following areas: 39 (i) human growth and development; 40 (ii) theories in music therapy; 41 (iii) group dynamics; 42 (iv) assessment and appraisal of individuals and groups; 43 (v) research and program evaluation; 44 (vi) professional orientation and ethics; 45 (vii) foundations of music therapy and psychopathology; 46 (viii) clinical instruction; 47 (c) Experience: have completed at least fifteen hundred hours of post- 48 master's supervised experience in music therapy satisfactory to the 49 department and in accordance with the commissioner's regulations. Satis- 50 factory experience obtained in an entity operating under a waiver issued 51 by the department pursuant to section sixty-five hundred three-a of this 52 title may be accepted by the department, notwithstanding that such expe- 53 rience may have been obtained prior to the effective date of such 54 section and/or prior to the entity having obtained a waiver. The 55 department may, for good cause shown, accept satisfactory experience 56 that was obtained in a setting that would have been eligible for a waiv-A. 123 4 1 er but which has not obtained a waiver from the department or experience 2 that was obtained in good faith by the applicant under the belief that 3 appropriate authorization had been obtained for the experience, provided 4 that such experience meets all other requirements for acceptable experi- 5 ence; 6 (d) Examination: provide proof of passing a national board certif- 7 ication examination or provide proof of being transitioned into a 8 national board certification credential, satisfactory to the board and 9 in accordance with the commissioner's regulations, currently available 10 to music therapists who have met the education and clinical training 11 standards of the profession; 12 (e) Age: be at least twenty-one years of age; 13 (f) Character: be of good moral character as determined by the depart- 14 ment; and 15 (g) Fees: pay a fee of one hundred seventy-five dollars for an initial 16 license and a fee of one hundred seventy dollars for each triennial 17 registration period. 18 § 8455. Limited permits. 1. On recommendation of the board, the 19 department may issue a limited permit to practice licensed clinical 20 music therapy and use the title licensed clinical music therapist to an 21 applicant who has met all requirements for licensure as a licensed clin- 22 ical music therapist except those relating to the examination and 23 provided that the individual is under the general supervision of a 24 professional supervisor, as determined by the department. This limited 25 permit shall be valid for a period of not more than twenty-four months; 26 such limited permits may be renewed, at the discretion of the depart- 27 ment, for up to two additional one-year periods. 28 2. The fee for each limited permit shall be seventy dollars. 29 § 8456. Exemptions. Nothing contained in this article shall be 30 construed to: 31 1. Apply to the practice, conduct, activities, services or use of any 32 title by any person licensed or otherwise authorized to practice medi- 33 cine within the state pursuant to article one hundred thirty-one of this 34 title or by any person registered to perform services as a physician 35 assistant within the state pursuant to article one hundred thirty-one-B 36 of this title or by any person licensed or otherwise authorized to prac- 37 tice psychology within this state pursuant to article one hundred 38 fifty-three of this title or by any person licensed or otherwise author- 39 ized to practice social work within this state pursuant to article one 40 hundred fifty-four of this title, or by any person licensed or otherwise 41 authorized to practice nursing as a registered professional nurse or 42 nurse practitioner within this state pursuant to article one hundred 43 thirty-nine of this title or by any person licensed or otherwise author- 44 ized to practice applied behavior analysis within the state pursuant to 45 article one hundred sixty-seven of this title, or by any person licensed 46 or otherwise authorized to practice mental health counseling, marriage 47 and family therapy, creative arts therapy, or psychoanalysis within the 48 state pursuant to article one hundred sixty-three of this title; 49 provided, however, that no physician, physician's assistant, registered 50 professional nurse, nurse practitioner, psychologist, licensed master 51 social worker, licensed clinical social worker, licensed behavior 52 analyst, certified behavior analyst assistant, licensed mental health 53 counselor, licensed marriage and family therapist, licensed creative 54 arts therapist, or licensed psychoanalyst may use the titles "licensed 55 professional music therapist," or "licensed clinical music therapist," 56 unless licensed under this article.A. 123 5 1 2. Prohibit or limit any individual who is credentialed under any law, 2 including attorneys, rape crisis counselors, certified alcoholism coun- 3 selors and certified substance abuse counselors from providing mental 4 health services within their respective established authorities. 5 3. Prohibit or limit the practice of a profession licensed pursuant to 6 this article by a student, intern or resident in, and as part of, a 7 supervised educational program in an institution approved by the depart- 8 ment. 9 4. Prohibit or limit the provision of pastoral counseling services by 10 any member of the clergy or Christian Science practitioner, within the 11 context of his or her ministerial charge or obligation. 12 5. Prohibit or limit individuals, churches, schools, teachers, organ- 13 izations, or not-for-profit businesses, from providing instruction, 14 advice, support, encouragement, or information to individuals, families, 15 and relational groups. 16 6. Prohibit or limit an occupational therapist from performing work 17 consistent with article one hundred fifty-six of this title. 18 7. Prohibit or limit any individual whose training and national 19 certification attests to the individual's preparation and ability to 20 practice his or her certified profession or occupation, if that person 21 does not represent himself or herself as a licensed professional music 22 therapist or licensed clinical music therapist. 23 § 8457. Special provisions. 1. This section shall apply to all 24 professions licensed pursuant to this article, unless otherwise 25 provided. 26 2. Any nonexempt person practicing a profession to be licensed pursu- 27 ant to this article shall apply for a license under this article within 28 one year of the effective date of this article. If such person does not 29 meet the requirements for a license established within this article, 30 such person may meet alternative criteria determined by the department 31 to be the substantial equivalent of such criteria. 32 3. Any person who holds an active board certification credential in 33 music therapy from a national certification body having certification 34 standards acceptable to the commissioner shall be licensed as a licensed 35 professional music therapist on the effective date of this section with- 36 out meeting any additional education, experience, or examination 37 requirements. 38 4. Any person who holds an active board certification credential in 39 music therapy from a national certification body having certification 40 standards acceptable to the commissioner and a master's degree in music 41 therapy or a related field shall be licensed as a licensed clinical 42 music therapist on the effective date of this section without meeting 43 any additional education, experience, or examination requirements. 44 5. Any person who is licensed as a creative arts therapist and who 45 possesses a minimum of a bachelor's degree in music therapy or its 46 equivalent on the effective date of this section shall be licensed as a 47 licensed clinical music therapist without meeting any additional educa- 48 tion, experience, or examination requirements. 49 6. Any person who possesses a minimum of a baccalaureate degree in 50 music therapy on the effective date of this section, who has ten years 51 of post-graduate music therapy employment and holds an active board 52 certification credential in music therapy from a national certification 53 body, and meets the requirements for a license pursuant to this article, 54 except for examination, and who files with the department within one 55 year of the effective date of this section, shall be licensed as a 56 licensed clinical music therapist.A. 123 6 1 7. Any person who possesses a master's degree in music therapy or a 2 related field on the effective date of this section, who has five years 3 of post-graduate music therapy employment and holds an active board 4 certification credential in music therapy from a national certification 5 body, and meets the requirements for a license pursuant to this article, 6 except for examination, and who files with the department within one 7 year of the effective date of this section, shall be licensed as a 8 licensed clinical music therapist. 9 8. Any person licensed pursuant to this article may use accepted clas- 10 sifications of signs, symptoms, dysfunctions and disorders, as approved 11 in accordance with regulations promulgated by the department, in the 12 practice of such licensed profession. 13 § 8458. Boundaries of professional competency. 1. It shall be deemed 14 practicing outside the boundaries of his or her professional competence 15 for a person licensed pursuant to this article, in the case of treatment 16 of any serious mental illness, to provide any mental health service for 17 such illness on a continuous and sustained basis without a medical eval- 18 uation of the illness by, and in consultation with, a physician regard- 19 ing such illness. Such medical evaluation and consultation shall be to 20 determine and advise whether any medical care is indicated for such 21 illness. For purposes of this section, "serious mental illness" means 22 schizophrenia, schizoaffective disorder, bipolar disorder, major depres- 23 sive disorder, panic disorder, and obsessive-compulsive disorder. 24 2. (a) Any individual whose license or authority to practice derives 25 from the provisions of this article shall be prohibited from: 26 (i) prescribing or administering drugs as defined in this chapter as a 27 treatment, therapy, or professional service in the practice of his or 28 her profession; or 29 (ii) using invasive procedures as a treatment, therapy, or profes- 30 sional service in the practice of his or her profession. For purposes of 31 this subdivision, "invasive procedure" means any procedure in which 32 human tissue is cut, altered, or otherwise infiltrated by mechanical or 33 other means. Invasive procedure includes surgery, lasers, ionizing radi- 34 ation, therapeutic ultrasound, or electroconvulsive therapy. 35 (b) (i) Unless authorized to practice speech-language pathology, music 36 therapists shall not evaluate, examine, instruct, or counsel on speech, 37 language, communication, and swallowing disorders and conditions. When 38 providing educational or healthcare services, a music therapist shall 39 not replace the services provided by an audiologist or a speech-language 40 pathologist. 41 (ii) An individual licensed as a professional music therapist shall 42 not represent to the public that the individual is authorized to treat a 43 communication disorder. This shall not prohibit an individual licensed 44 as a professional music therapist from representing to the public that 45 the individual may work with clients who have a communication disorder 46 and address communication skills. 47 (iii) Before providing music therapy services to a client for an iden- 48 tified clinical or developmental need, the licensee shall review with 49 the healthcare provider or providers involved in the client's care, the 50 client's diagnosis, treatment needs, and treatment plan. 51 (iv) Before providing music therapy services to a student for an iden- 52 tified educational need, the licensee shall review with the individual 53 family support plan or individualized education program team, the 54 student's diagnosis, treatment needs, and treatment plan. 55 (v) During the provision of music therapy services to a client, the 56 licensee shall collaborate, as applicable, with the client's treatmentA. 123 7 1 team, including physicians, psychologists, licensed clinical social 2 workers, or other mental health professionals. 3 (vi) During the provision of music therapy services to a client with a 4 communication disorder, the licensed professional music therapist shall 5 collaborate and discuss the music therapy treatment plan with the 6 client's audiologist or speech-language pathologist. 7 § 8459. Mandatory continuing competency. 1. (a) Each licensed profes- 8 sional music therapist or licensed clinical music therapist shall regis- 9 ter triennially with the department to practice in the state and must 10 comply with the provisions of the mandatory continuing competency 11 requirements prescribed in this section, except as provided in para- 12 graphs (b) and (c) of this subdivision. Those who do not satisfy the 13 mandatory continuing competency requirements shall not be authorized to 14 practice until they have met such requirements, and they have been 15 issued a registration certificate, except that a person may practice 16 without having met such requirements if he or she is issued a condi- 17 tional registration pursuant to subdivision four of this section. 18 (b) Each licensed professional music therapist or licensed clinical 19 music therapist shall be exempt from the mandatory continuing competency 20 requirement for the triennial registration period during which they are 21 first licensed. Adjustment to the mandatory continuing competency 22 requirements may be granted by the department for reasons of health of 23 the licensee where certified by an appropriate health care professional, 24 for extended active duty with the armed forces of the United States, or 25 for other good cause acceptable to the department which may prevent 26 compliance. 27 (c) A licensed professional music therapist or licensed clinical music 28 therapist not engaged in practice, as determined by the department, 29 shall be exempt from the mandatory continuing competency requirement 30 upon the filing of a statement with the department declaring such 31 status. Any licensee who returns to the practice of music therapy during 32 the triennial registration period shall notify the department prior to 33 reentering the profession and shall meet such mandatory continuing 34 competency requirements as shall be prescribed by regulations of the 35 commissioner. 36 2. At the end of each triennial registration period, an applicant for 37 re-registration as a licensed professional music therapist or licensed 38 clinical music therapist must provide proof of holding an active board 39 certification credential in music therapy from a national certification 40 body having certification standards acceptable to the commissioner. 41 3. (a) During each triennial registration period an applicant for 42 registration as a licensed professional music therapist or licensed 43 clinical music therapist shall complete a minimum of thirty-six hours of 44 acceptable learning activities which contribute to continuing compe- 45 tence, as specified in subdivision four of this section. A maximum of 46 twelve hours of the thirty-six hours may be self-instructional course- 47 work acceptable to the department. At least twenty-four hours of the 48 thirty-six hours shall be in areas of study pertinent to the scope of 49 practice of music therapy. With the exception of continuing education 50 hours taken during the registration period immediately preceding the 51 effective date of this section, continuing education hours taken during 52 one triennium may not be transferred to a subsequent triennium. 53 (b) Thereafter, a licensee who has not satisfied the mandatory contin- 54 uing competency requirements shall not be issued a triennial registra- 55 tion certificate by the department and shall not practice unless andA. 123 8 1 until a conditional registration certificate is issued as provided for 2 in subdivision four of this section. 3 4. The department, in its discretion, may issue a conditional regis- 4 tration to a licensee who fails to meet the continuing competency 5 requirements established in subdivision three of this section, but who 6 agrees to make up any deficiencies and complete any additional learning 7 activities which the department may require. The fee for such a condi- 8 tional registration shall be the same as, and in addition to, the fee 9 for the triennial registration. The duration of such conditional regis- 10 tration shall be determined by the department but shall not exceed one 11 year. Any licensee who is notified of the denial of registration for 12 failure to submit evidence, satisfactory to the department, of required 13 continuing competency learning activities and who practices without such 14 registration may be subject to disciplinary proceedings pursuant to 15 section sixty-five hundred ten of this title. 16 5. As used in subdivision three of this section, "acceptable learning 17 activities" shall mean activities which contribute to professional prac- 18 tice in music therapy, and which meet the standards prescribed in the 19 regulations of the commissioner. Such learning activities shall include, 20 but not be limited to, collegiate level credit and non-credit courses, 21 self-study activities, independent study, formal mentoring activities, 22 professional development programs and technical sessions, publications 23 in professional journals and professional development programs; such 24 learning activities may be offered and sponsored by national, state, 25 regional, and local professional associations and other organizations or 26 parties acceptable to the department, and any other organized educa- 27 tional and technical learning activities acceptable to the department. 28 Providers (other than those indicated below as exempt from the approval 29 process) must submit an application to the state board for music thera- 30 py. Types of approved providers include: 31 (a) any higher education institution that offers programs that are 32 registered in New York state as leading to licensure in music therapy; 33 (b) a national, regional, state, or local sponsor or provider of 34 coursework or training that is approved by the American Music Therapy 35 Association (AMTA) or the Certification Board for Music Therapists, Inc. 36 (CBMT); postsecondary institutions, or a consortium of such insti- 37 tutions, that offer programs that are registered as leading to either 38 licensure in music therapy or authorization to practice as a music ther- 39 apist, or equivalent professional education programs accredited by an 40 acceptable accrediting agency, for credit and non-credit offerings; 41 (c) an entity, hospital or health facility defined in section two 42 thousand eight hundred one of the public health law; 43 (d) or an equivalent organization as determined by the department. 44 Organizations that fall under the first three paragraphs listed above do 45 not have to submit a fee or an application for approval as a provider of 46 continuing education for music therapists. However, they must register 47 with the state board for music therapy by completing an approved provid- 48 er registration form. Educational institutions which provide education 49 as part of a licensure qualifying program or sponsors who have had their 50 course approved by the Certification Board for Music Therapists, Inc. 51 (CBMT) do not need to submit an application. Courses approved by the 52 CBMT automatically qualify for approval in New York state. The depart- 53 ment may, in its discretion and as needed to contribute to the health 54 and welfare of the public, require the completion of continuing compe- 55 tency learning activities in specific subjects to fulfill this mandatory 56 continuing competency requirement. Learning activities must be takenA. 123 9 1 from a sponsor approved by the department, pursuant to the regulations 2 of the commissioner. 3 6. A licensed professional music therapist or licensed clinical music 4 therapist shall maintain adequate documentation of completion of accept- 5 able continuing competency activities and shall provide such documenta- 6 tion at the request of the department. Failure to provide such documen- 7 tation upon request of the department shall be an act of misconduct 8 subject to the disciplinary proceedings pursuant to section sixty-five 9 hundred ten of this title. 10 7. The mandatory continuing competency fee shall be forty-five 11 dollars, payable on or before the first day of each triennial registra- 12 tion period, and shall be paid in addition to the triennial registration 13 fee. 14 § 2. Subdivision 13 of section 700 of the county law, as added by 15 chapter 358 of the laws of 2012, is amended to read as follows: 16 13. In order to provide services to crime victims, witnesses, and 17 other persons involved in the criminal justice system, and to support 18 crime prevention programs, the district attorney may employ or contract 19 with persons licensed and registered to practice or otherwise authorized 20 under article one hundred fifty-three, one hundred fifty-four, [or] one 21 hundred sixty-three, or one hundred sixty-three-A of the education law, 22 or contract with entities authorized to provide the services specified 23 in such articles, in connection with the provision of any services that 24 such persons or entities are authorized to provide and that are author- 25 ized by the district attorney. 26 § 3. Subparagraph (i) of paragraph a and paragraph d of subdivision 1 27 of section 6503-a of the education law, subparagraph (i) of paragraph a 28 as amended by chapter 554 of the laws of 2013, and paragraph d as added 29 by chapter 130 of the laws of 2010, are amended to read as follows: 30 (i) services provided under article one hundred fifty-four, one 31 hundred sixty-three, one hundred sixty-three-A, or one hundred sixty- 32 seven of this title for which licensure would be required, or 33 d. Such waiver shall provide that services rendered pursuant to this 34 section, directly or indirectly, shall be provided only by a person 35 appropriately licensed to provide such services pursuant to article one 36 hundred thirty-one, one hundred thirty-nine, one hundred fifty-three, 37 one hundred fifty-four, [or] one hundred sixty-three, or one hundred 38 sixty-three-A of this title, or by a person otherwise authorized to 39 provide such services under such articles, or by a professional entity 40 authorized by law to provide such services. 41 § 4. Paragraph c of subdivision 2 of section 6503-a of the education 42 law, as added by chapter 130 of the laws of 2010, is amended to read as 43 follows: 44 c. an institution of higher education authorized to provide a program 45 leading to licensure in a profession defined under article one hundred 46 thirty-one, one hundred thirty-nine, one hundred fifty-three, one 47 hundred fifty-four [or] one hundred sixty-three, or one hundred sixty- 48 three-A of this title, to the extent that the scope of such services is 49 limited to the services authorized to be provided within such registered 50 program; or 51 § 5. Subdivision 4 of section 7605 of the education law, as amended by 52 chapter 554 of the laws of 2013, is amended to read as follows: 53 4. The practice, conduct, activities, or services by any person 54 licensed or otherwise authorized to practice nursing as a registered 55 professional nurse or nurse practitioner within the state pursuant to 56 article one hundred thirty-nine of this title or by any person licensedA. 123 10 1 or otherwise authorized to practice social work within the state pursu- 2 ant to article one hundred fifty-four of this title, or by any person 3 licensed or otherwise authorized to practice mental health counseling, 4 marriage and family therapy, creative arts therapy, or psychoanalysis 5 within the state pursuant to article one hundred sixty-three of this 6 title, or by any person licensed or otherwise authorized to practice 7 music therapy within the state pursuant to article one hundred sixty- 8 three-A of this title, or any person licensed or otherwise authorized to 9 practice applied behavior analysis within the state pursuant to article 10 one hundred sixty-seven of this title or any individual who is creden- 11 tialed under any law, including attorneys, rape crisis counselors, 12 certified alcoholism counselors, and certified substance abuse counse- 13 lors from providing mental health services within their respective 14 established authorities. 15 § 6. Subdivision 1 of section 7706 of the education law, as amended by 16 chapter 554 of the laws of 2013, is amended to read as follows: 17 1. Apply to the practice, conduct, activities, services or use of any 18 title by any person licensed or otherwise authorized to practice medi- 19 cine within the state pursuant to article one hundred thirty-one of this 20 title or by any person registered to perform services as a physician 21 assistant within the state pursuant to article one hundred thirty-one-B 22 of this title or by any person licensed or otherwise authorized to prac- 23 tice psychology within this state pursuant to article one hundred 24 fifty-three of this title or by any person licensed or otherwise author- 25 ized to practice nursing as a registered professional nurse or nurse 26 practitioner within this state pursuant to article one hundred thirty- 27 nine of this title or by any person licensed or otherwise authorized to 28 practice occupational therapy within this state pursuant to article one 29 hundred fifty-six of this title or by any person licensed or otherwise 30 authorized to practice mental health counseling, marriage and family 31 therapy, creative arts therapy, or psychoanalysis within the state 32 pursuant to article one hundred sixty-three of this title, or by any 33 person licensed or otherwise authorized to practice music therapy within 34 the state pursuant to article one hundred sixty-three-A of this title, 35 or by any person licensed or otherwise authorized to practice applied 36 behavior analysis within the state pursuant to article one hundred 37 sixty-seven of this title; provided, however, that no physician, physi- 38 cian assistant, registered professional nurse, nurse practitioner, 39 psychologist, occupational therapist, licensed mental health counselor, 40 licensed marriage and family therapist, licensed creative arts thera- 41 pist, licensed psychoanalyst, licensed professional music therapist, 42 licensed clinical music therapist, licensed behavior analyst or certi- 43 fied behavior analyst assistant may use the titles "licensed clinical 44 social worker" or "licensed master social worker", unless licensed under 45 this article. 46 § 7. Subdivision 1 of section 8410 of the education law, as amended by 47 chapter 554 of the laws of 2013, is amended to read as follows: 48 1. Apply to the practice, conduct, activities, services or use of any 49 title by any person licensed or otherwise authorized to practice medi- 50 cine within the state pursuant to article one hundred thirty-one of this 51 title or by any person registered to perform services as a physician 52 assistant within the state pursuant to article one hundred thirty-one-B 53 of this title or by any person licensed or otherwise authorized to prac- 54 tice psychology within this state pursuant to article one hundred 55 fifty-three of this title or by any person licensed or otherwise author- 56 ized to practice social work within this state pursuant to article oneA. 123 11 1 hundred fifty-four of this title, or by any person licensed or otherwise 2 authorized to practice nursing as a registered professional nurse or 3 nurse practitioner within this state pursuant to article one hundred 4 thirty-nine of this title or by any person licensed or otherwise author- 5 ized to practice applied behavior analysis within the state pursuant to 6 article one hundred sixty-seven of this title or by any person licensed 7 or otherwise authorized to practice music therapy within this state 8 pursuant to article one hundred sixty-three-A of this title; provided, 9 however, that no physician, physician's assistant, registered profes- 10 sional nurse, nurse practitioner, psychologist, licensed master social 11 worker, licensed clinical social worker, licensed behavior analyst [or], 12 certified behavior analyst assistant, licensed professional music thera- 13 pist, or licensed clinical music therapist may use the titles "licensed 14 mental health counselor", "licensed marriage and family therapist", 15 "licensed creative arts therapist", or "licensed psychoanalyst", unless 16 licensed under this article. 17 § 8. Subdivision (a) of section 1203 of the limited liability company 18 law, as amended by chapter 475 of the laws of 2014, is amended to read 19 as follows: 20 (a) Notwithstanding the education law or any other provision of law, 21 one or more professionals each of whom is authorized by law to render a 22 professional service within the state, or one or more professionals, at 23 least one of whom is authorized by law to render a professional service 24 within the state, may form, or cause to be formed, a professional 25 service limited liability company for pecuniary profit under this arti- 26 cle for the purpose of rendering the professional service or services as 27 such professionals are authorized to practice. With respect to a profes- 28 sional service limited liability company formed to provide medical 29 services as such services are defined in article 131 of the education 30 law, each member of such limited liability company must be licensed 31 pursuant to article 131 of the education law to practice medicine in 32 this state. With respect to a professional service limited liability 33 company formed to provide dental services as such services are defined 34 in article 133 of the education law, each member of such limited liabil- 35 ity company must be licensed pursuant to article 133 of the education 36 law to practice dentistry in this state. With respect to a professional 37 service limited liability company formed to provide veterinary services 38 as such services are defined in article 135 of the education law, each 39 member of such limited liability company must be licensed pursuant to 40 article 135 of the education law to practice veterinary medicine in this 41 state. With respect to a professional service limited liability company 42 formed to provide professional engineering, land surveying, architec- 43 tural, landscape architectural and/or geological services as such 44 services are defined in article 145, article 147 and article 148 of the 45 education law, each member of such limited liability company must be 46 licensed pursuant to article 145, article 147 and/or article 148 of the 47 education law to practice one or more of such professions in this state. 48 With respect to a professional service limited liability company formed 49 to provide licensed clinical social work services as such services are 50 defined in article 154 of the education law, each member of such limited 51 liability company shall be licensed pursuant to article 154 of the 52 education law to practice licensed clinical social work in this state. 53 With respect to a professional service limited liability company formed 54 to provide creative arts therapy services as such services are defined 55 in article 163 of the education law, each member of such limited liabil- 56 ity company must be licensed pursuant to article 163 of the educationA. 123 12 1 law to practice creative arts therapy in this state. With respect to a 2 professional service limited liability company formed to provide 3 marriage and family therapy services as such services are defined in 4 article 163 of the education law, each member of such limited liability 5 company must be licensed pursuant to article 163 of the education law to 6 practice marriage and family therapy in this state. With respect to a 7 professional service limited liability company formed to provide mental 8 health counseling services as such services are defined in article 163 9 of the education law, each member of such limited liability company must 10 be licensed pursuant to article 163 of the education law to practice 11 mental health counseling in this state. With respect to a professional 12 service limited liability company formed to provide psychoanalysis 13 services as such services are defined in article 163 of the education 14 law, each member of such limited liability company must be licensed 15 pursuant to article 163 of the education law to practice psychoanalysis 16 in this state. With respect to a professional service limited liability 17 company formed to provide music therapy services as such services are 18 defined in article 163-A of the education law, each member of such 19 limited liability company must be licensed pursuant to article 163-A of 20 the education law to practice music therapy in this state. With respect 21 to a professional service limited liability company formed to provide 22 applied behavior analysis services as such services are defined in arti- 23 cle 167 of the education law, each member of such limited liability 24 company must be licensed or certified pursuant to article 167 of the 25 education law to practice applied behavior analysis in this state. In 26 addition to engaging in such profession or professions, a professional 27 service limited liability company may engage in any other business or 28 activities as to which a limited liability company may be formed under 29 section two hundred one of this chapter. Notwithstanding any other 30 provision of this section, a professional service limited liability 31 company (i) authorized to practice law may only engage in another 32 profession or business or activities or (ii) which is engaged in a 33 profession or other business or activities other than law may only 34 engage in the practice of law, to the extent not prohibited by any other 35 law of this state or any rule adopted by the appropriate appellate divi- 36 sion of the supreme court or the court of appeals. 37 § 9. Subdivision (b) of section 1207 of the limited liability company 38 law, as amended by chapter 475 of the laws of 2014, is amended to read 39 as follows: 40 (b) With respect to a professional service limited liability company 41 formed to provide medical services as such services are defined in arti- 42 cle 131 of the education law, each member of such limited liability 43 company must be licensed pursuant to article 131 of the education law to 44 practice medicine in this state. With respect to a professional service 45 limited liability company formed to provide dental services as such 46 services are defined in article 133 of the education law, each member of 47 such limited liability company must be licensed pursuant to article 133 48 of the education law to practice dentistry in this state. With respect 49 to a professional service limited liability company formed to provide 50 veterinary services as such services are defined in article 135 of the 51 education law, each member of such limited liability company must be 52 licensed pursuant to article 135 of the education law to practice veter- 53 inary medicine in this state. With respect to a professional service 54 limited liability company formed to provide professional engineering, 55 land surveying, architectural, landscape architectural and/or geological 56 services as such services are defined in article 145, article 147 andA. 123 13 1 article 148 of the education law, each member of such limited liability 2 company must be licensed pursuant to article 145, article 147 and/or 3 article 148 of the education law to practice one or more of such 4 professions in this state. With respect to a professional service limit- 5 ed liability company formed to provide licensed clinical social work 6 services as such services are defined in article 154 of the education 7 law, each member of such limited liability company shall be licensed 8 pursuant to article 154 of the education law to practice licensed clin- 9 ical social work in this state. With respect to a professional service 10 limited liability company formed to provide creative arts therapy 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 creative arts 14 therapy in this state. With respect to a professional service limited 15 liability company formed to provide marriage and family therapy services 16 as such services are defined in article 163 of the education law, each 17 member of such limited liability company must be licensed pursuant to 18 article 163 of the education law to practice marriage and family therapy 19 in this state. With respect to a professional service limited liability 20 company formed to provide mental health counseling services as such 21 services are defined in article 163 of the education law, each member of 22 such limited liability company must be licensed pursuant to article 163 23 of the education law to practice mental health counseling in this state. 24 With respect to a professional service limited liability company formed 25 to provide psychoanalysis services as such services are defined in arti- 26 cle 163 of the education law, each member of such limited liability 27 company must be licensed pursuant to article 163 of the education law to 28 practice psychoanalysis in this state. With respect to a professional 29 service limited liability company formed to provide music therapy 30 services as such services are defined in article 163-A of the education 31 law, each member of such limited liability company must be licensed 32 pursuant to article 163-A of the education law to practice music therapy 33 in this state. With respect to a professional service limited liability 34 company formed to provide applied behavior analysis services as such 35 services are defined in article 167 of the education law, each member of 36 such limited liability company must be licensed or certified pursuant to 37 article 167 of the education law to practice applied behavior analysis 38 in this state. 39 § 10. Subdivision (a) of section 1301 of the limited liability company 40 law, as amended by chapter 475 of the laws of 2014, is amended to read 41 as follows: 42 (a) "Foreign professional service limited liability company" means a 43 professional service limited liability company, whether or not denomi- 44 nated as such, organized under the laws of a jurisdiction other than 45 this state, (i) each of whose members and managers, if any, is a profes- 46 sional authorized by law to render a professional service within this 47 state and who is or has been engaged in the practice of such profession 48 in such professional service limited liability company or a predecessor 49 entity, or will engage in the practice of such profession in the profes- 50 sional service limited liability company within thirty days of the date 51 such professional becomes a member, or each of whose members and manag- 52 ers, if any, is a professional at least one of such members is author- 53 ized by law to render a professional service within this state and who 54 is or has been engaged in the practice of such profession in such 55 professional service limited liability company or a predecessor entity, 56 or will engage in the practice of such profession in the professionalA. 123 14 1 service limited liability company within thirty days of the date such 2 professional becomes a member, or (ii) authorized by, or holding a 3 license, certificate, registration or permit issued by the licensing 4 authority pursuant to, the education law to render a professional 5 service within this state; except that all members and managers, if any, 6 of a foreign professional service limited liability company that 7 provides health services in this state shall be licensed in this state. 8 With respect to a foreign professional service limited liability company 9 which provides veterinary services as such services are defined in arti- 10 cle 135 of the education law, each member of such foreign professional 11 service limited liability company shall be licensed pursuant to article 12 135 of the education law to practice veterinary medicine. With respect 13 to a foreign professional service limited liability company which 14 provides medical services as such services are defined in article 131 of 15 the education law, each member of such foreign professional service 16 limited liability company must be licensed pursuant to article 131 of 17 the education law to practice medicine in this state. With respect to a 18 foreign professional service limited liability company which provides 19 dental services as such services are defined in article 133 of the 20 education law, each member of such foreign professional service limited 21 liability company must be licensed pursuant to article 133 of the educa- 22 tion law to practice dentistry in this state. With respect to a foreign 23 professional service limited liability company which provides profes- 24 sional engineering, land surveying, geologic, architectural and/or land- 25 scape architectural services as such services are defined in article 26 145, article 147 and article 148 of the education law, each member of 27 such foreign professional service limited liability company must be 28 licensed pursuant to article 145, article 147 and/or article 148 of the 29 education law to practice one or more of such professions in this state. 30 With respect to a foreign professional service limited liability company 31 which provides licensed clinical social work services as such services 32 are defined in article 154 of the education law, each member of such 33 foreign professional service limited liability company shall be licensed 34 pursuant to article 154 of the education law to practice clinical social 35 work in this state. With respect to a foreign professional service 36 limited liability company which provides creative arts therapy services 37 as such services are defined in article 163 of the education law, each 38 member of such foreign professional service limited liability company 39 must be licensed pursuant to article 163 of the education law to prac- 40 tice creative arts therapy in this state. With respect to a foreign 41 professional service limited liability company which provides marriage 42 and family therapy services as such services are defined in article 163 43 of the education law, each member of such foreign professional service 44 limited liability company must be licensed pursuant to article 163 of 45 the education law to practice marriage and family therapy in this state. 46 With respect to a foreign professional service limited liability company 47 which provides mental health counseling services as such services are 48 defined in article 163 of the education law, each member of such foreign 49 professional service limited liability company must be licensed pursuant 50 to article 163 of the education law to practice mental health counseling 51 in this state. With respect to a foreign professional service limited 52 liability company which provides psychoanalysis services as such 53 services are defined in article 163 of the education law, each member of 54 such foreign professional service limited liability company must be 55 licensed pursuant to article 163 of the education law to practice 56 psychoanalysis in this state. With respect to a foreign professionalA. 123 15 1 service limited liability company which provides music therapy services 2 as such services are defined in article 163-A of the education law, each 3 member of such foreign professional service limited liability company 4 must be licensed pursuant to article 163-A of the education law to prac- 5 tice music therapy in this state. With respect to a foreign professional 6 service limited liability company which provides applied behavior analy- 7 sis services as such services are defined in article 167 of the educa- 8 tion law, each member of such foreign professional service limited 9 liability company must be licensed or certified pursuant to article 167 10 of the education law to practice applied behavior analysis in this 11 state. 12 § 11. Subdivision (q) of section 121-1500 of the partnership law, as 13 amended by chapter 475 of the laws of 2014, is amended to read as 14 follows: 15 (q) Each partner of a registered limited liability partnership formed 16 to provide medical services in this state must be licensed pursuant to 17 article 131 of the education law to practice medicine in this state and 18 each partner of a registered limited liability partnership formed to 19 provide dental services in this state must be licensed pursuant to arti- 20 cle 133 of the education law to practice dentistry in this state. Each 21 partner of a registered limited liability partnership formed to provide 22 veterinary services in this state must be licensed pursuant to article 23 135 of the education law to practice veterinary medicine in this state. 24 Each partner of a registered limited liability partnership formed to 25 provide professional engineering, land surveying, geological services, 26 architectural and/or landscape architectural services in this state must 27 be licensed pursuant to article 145, article 147 and/or article 148 of 28 the education law to practice one or more of such professions in this 29 state. Each partner of a registered limited liability partnership formed 30 to provide licensed clinical social work services in this state must be 31 licensed pursuant to article 154 of the education law to practice clin- 32 ical social work in this state. Each partner of a registered limited 33 liability partnership formed to provide creative arts therapy services 34 in this state must be licensed pursuant to article 163 of the education 35 law to practice creative arts therapy in this state. Each partner of a 36 registered limited liability partnership formed to provide marriage and 37 family therapy services in this state must be licensed pursuant to arti- 38 cle 163 of the education law to practice marriage and family therapy in 39 this state. Each partner of a registered limited liability partnership 40 formed to provide mental health counseling services in this state must 41 be licensed pursuant to article 163 of the education law to practice 42 mental health counseling in this state. Each partner of a registered 43 limited liability partnership formed to provide psychoanalysis services 44 in this state must be licensed pursuant to article 163 of the education 45 law to practice psychoanalysis in this state. Each partner of a regis- 46 tered limited liability partnership formed to provide music therapy 47 services in this state must be licensed pursuant to article 163-A of the 48 education law to practice music therapy in this state. Each partner of a 49 registered limited liability partnership formed to provide applied 50 behavior analysis service in this state must be licensed or certified 51 pursuant to article 167 of the education law to practice applied behav- 52 ior analysis in this state. 53 § 12. Subdivision (q) of section 121-1502 of the partnership law, as 54 amended by chapter 475 of the laws of 2014, is amended to read as 55 follows:A. 123 16 1 (q) Each partner of a foreign limited liability partnership which 2 provides medical services in this state must be licensed pursuant to 3 article 131 of the education law to practice medicine in the state and 4 each partner of a foreign limited liability partnership which provides 5 dental services in the state must be licensed pursuant to article 133 of 6 the education law to practice dentistry in this state. Each partner of a 7 foreign limited liability partnership which provides veterinary service 8 in the state shall be licensed pursuant to article 135 of the education 9 law to practice veterinary medicine in this state. Each partner of a 10 foreign limited liability partnership which provides professional engi- 11 neering, land surveying, geological services, architectural and/or land- 12 scape architectural services in this state must be licensed pursuant to 13 article 145, article 147 and/or article 148 of the education law to 14 practice one or more of such professions. Each partner of a foreign 15 limited liability partnership which provides licensed clinical social 16 work services in this state must be licensed pursuant to article 154 of 17 the education law to practice licensed clinical social work in this 18 state. Each partner of a foreign limited liability partnership which 19 provides creative arts therapy services in this state must be licensed 20 pursuant to article 163 of the education law to practice creative arts 21 therapy in this state. Each partner of a foreign limited liability part- 22 nership which provides marriage and family therapy services in this 23 state must be licensed pursuant to article 163 of the education law to 24 practice marriage and family therapy in this state. Each partner of a 25 foreign limited liability partnership which provides mental health coun- 26 seling services in this state must be licensed pursuant to article 163 27 of the education law to practice mental health counseling in this state. 28 Each partner of a foreign limited liability partnership which provides 29 psychoanalysis services in this state must be licensed pursuant to arti- 30 cle 163 of the education law to practice psychoanalysis in this state. 31 Each partner of a registered limited liability partnership formed to 32 provide music therapy services in this state must be licensed pursuant 33 to article 163-A of the education law to practice music therapy in this 34 state. Each partner of a foreign limited liability partnership which 35 provides applied behavior analysis services in this state must be 36 licensed or certified pursuant to article 167 of the education law to 37 practice applied behavior analysis in this state. 38 § 13. This act shall take effect twenty-four months after it shall 39 have become a law. Effective immediately the addition, amendment and/or 40 repeal of any rule or regulation necessary for the implementation of 41 this act on its effective date are authorized to be made and completed 42 on or before such date.
