Bill Text: NY A04825 | 2019-2020 | General Assembly | Amended
Bill Title: Regulates the practice of naturopathic medicine; establishes a state board for naturopathic medicine; establishes requirements to receive a limited permit in naturopathic medicine; establishes mandatory continuing education for the practice of naturopathic medicine; requires licensed naturopathic doctors to report suspected child abuse.
Spectrum: Moderate Partisan Bill (Democrat 7-1)
Status: (Introduced - Dead) 2020-05-18 - print number 4825a [A04825 Detail]
Download: New_York-2019-A04825-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 4825--A 2019-2020 Regular Sessions IN ASSEMBLY February 5, 2019 ___________ Introduced by M. of A. ORTIZ, BENEDETTO, STIRPE, GRIFFIN, ASHBY, McDO- NALD, EPSTEIN -- Multi-Sponsored by -- M. of A. ENGLEBRIGHT -- read once and referred to the Committee on Higher Education -- recommitted to the Committee on Higher Education in accordance with Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the education law, the limited liability company law, the partnership law and the public health law, in relation to the practice of naturopathy; and to amend the social services law, in relation to the reporting of child abuse The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The education law is amended by adding a new article 138 to 2 read as follows: 3 ARTICLE 138 4 NATUROPATHIC MEDICINE 5 Section 6850. Introduction. 6 6851. Definition of the practice of naturopathic medicine. 7 6852. Practice of naturopathic medicine and use of title "Natu- 8 ropathic Doctor". 9 6853. Injection therapy and injection therapy privilege. 10 6854. Boundaries of professional competence. 11 6855. State board for naturopathic medicine. 12 6856. Qualifications for licensure. 13 6857. Special provisions. 14 6858. Exempt persons and exemptions. 15 6859. Limited residency permits. 16 6860. Limited permits. 17 6861. Mandatory continuing education. 18 § 6850. Introduction. This article applies to the licensure and regu- 19 lation of naturopathic doctors to practice naturopathic medicine in this EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD08497-03-9A. 4825--A 2 1 state. The general provisions for all professions contained in article 2 one hundred thirty, as added by chapter nine hundred eighty-seven of the 3 laws of nineteen hundred seventy-one, of this title apply to this arti- 4 cle. 5 § 6851. Definition of the practice of naturopathic medicine. 1. The 6 practice of naturopathic medicine, a distinct and comprehensive system 7 of primary health care, is defined as facilitating wellness and prevent- 8 ing, diagnosing and treating any human disease, pain, injury, deformity, 9 physical condition, or maladaptive behavior using methods, including, 10 but not limited to: 11 a. patient interview. 12 b. comprehensive physical examination. 13 c. ordering and prescribing laboratory tests and procedures with labo- 14 ratories that hold a permit pursuant to title five of article five of 15 the public health law. 16 d. administering in-office laboratory tests and provider-performed 17 microscopy procedures under a clinical laboratory improvement amendment 18 of 1988 (CLIA) certificate, as an adjunct to the treatment of his or her 19 own patients. 20 e. specimen collection methods including, patient submission, phlebo- 21 tomy, hair specimen cutting, nasopharyngeal wash, and procedures for 22 collecting tissue, secretions, excretions and cytology samples with a 23 speculum, spatula, swab, brush or container. 24 f. ordering and prescribing diagnostic imaging including radiography, 25 tomography, magnetic resonance imaging, ultrasonography and thermogra- 26 phy, and excluding ordering and prescribing nuclear medicine and fluo- 27 roscopy. 28 g. using ingestible sensors in the alimentary canal for diagnostic 29 purposes. 30 h. administering and prescribing diet and lifestyle counseling and 31 patient education as to circumstances of health and illness. 32 i. administering and prescribing counseling, biofeedback, and hypnosis 33 with the intent of assisting a person to manage stressors, modify mala- 34 daptive behavior and maintain wellness. 35 j. administering and prescribing naturopathic manual therapy as the 36 application of touch, massage, stretching, resistance, joint mobiliza- 37 tion and joint manipulation. 38 k. administering and prescribing therapeutic exercise. 39 l. administering and prescribing naturopathic physical agent modali- 40 ties of hydrotherapy, colonic irrigation, electrotherapy, diathermy, 41 ultrasound and phototherapy. 42 m. administering, prescribing, ordering and dispensing therapeutic 43 devices that do not require a prescription. 44 n. prescribing, ordering, installing, removing and adjusting barrier 45 contraceptive devices. 46 o. administering, prescribing, ordering, and dispensing substances 47 that do not require a prescription under the federal food, drug and 48 cosmetic act, as amended, including, but not limited to, over-the-coun- 49 ter drugs, vitamins, minerals, amino acids, botanical preparations, 50 homeopathic preparations, dietary supplements, food concentrates, food 51 extracts and other dietary ingredients. 52 p. administering and prescribing the following drugs for which a 53 prescription is required under the federal food, drug and cosmetic act: 54 (i) epinephrine to treat anaphylaxis; and 55 (ii) natural and synthetic hormones.A. 4825--A 3 1 2. In the practice of naturopathic medicine a naturopathic doctor may 2 use routes of administration that include oral, sublingual, buccal, 3 nasal, auricular, ocular, rectal, vaginal, transdermal, and, for 4 epinephrine, injection by auto-injection device. 5 3. In the practice of naturopathic medicine a naturopathic doctor may 6 use medical devices that are exempt or are class i or class ii devices 7 identified under title twenty-one of the code of federal regulations. 8 § 6852. Practice of naturopathic medicine and use of title "Naturo- 9 pathic Doctor". 1. Only a person licensed under this article may use the 10 title "naturopathic doctor", "licensed naturopath" or "professional 11 naturopath" and hold herself or himself out as practicing naturopathic 12 medicine. 13 2. No person licensed under this article shall hold herself or himself 14 out as practicing any other profession regulated by this title, or use a 15 title of any other profession, unless otherwise authorized under this 16 title. 17 § 6853. Injection therapy and injection therapy privilege. 1. For 18 issuance of a privilege to practice injection therapy as such term is 19 used in this article, the applicant shall fulfill the following require- 20 ments: 21 a. Application: file an application with the department for the 22 injection therapy privilege; 23 b. License status: be licensed or hold either a limited residency 24 permit or limited permit to practice the profession of naturopathic 25 medicine in this state; 26 c. Training: (i) have successfully completed a course in injection 27 therapy having a syllabus and practicum in accordance with regulations 28 promulgated by the commissioner from a course provider approved by the 29 department; (ii) have successfully completed training in injection ther- 30 apy as part of a program of naturopathic medicine registered with the 31 department or the substantial equivalent thereof; or (iii) provide 32 documentation that he or she has training and experience in injection 33 therapy that is acceptable to the department; 34 d. Fee: pay a fee to the department of two hundred dollars for the 35 issuance and initial registration of the injection therapy privilege. 36 2. An injection therapy privilege issued under this section shall be 37 valid for the life of the holder, unless revoked, annulled, or suspended 38 by the board of regents, or unless expired. Such a privilege shall be 39 subject to the same oversight and disciplinary provisions as licenses 40 issued under this title. The holder of a privilege issued under this 41 section shall register with the department as a privilege holder in the 42 same manner and subject to the same provisions as required of a licensee 43 pursuant to section sixty-five hundred two of this title. The fee for 44 such registration shall be one hundred dollars. The registration period 45 for a privilege holder shall be coterminous with his or her registration 46 by license or permit to practice the profession of naturopathic medi- 47 cine. 48 3. A student in a doctoral program of naturopathic medicine acceptable 49 to the department or the substantial equivalent thereof may perform 50 injection therapy in an internship or preceptorship setting when 51 required as part of such program for the purpose of fulfilling such 52 program requirement only under the direct supervision of a physician 53 licensed under this title or a naturopathic doctor licensed under this 54 article having injection therapy privilege who is professionally respon- 55 sible for the performance of the injection procedure, and is able to be 56 available to furnish assistance and direction throughout the performanceA. 4825--A 4 1 of the injection procedure, but need not be present in the room when the 2 injection procedure is performed. 3 4. (a) Injection therapy is administering and prescribing, in compli- 4 ance with federal and state law, the following: (i) these substances, 5 when such substances are chemically identical to those for sale without 6 a prescription: vitamins, minerals, amino acids, glutathione, botan- 7 icals and their extracts, homeopathic preparations, electrolytes, sugars 8 and diluents; and (ii) natural and synthetic hormones, lidocaine and 9 plasma. 10 (b) Injection therapy is limited to the following routes of adminis- 11 tration: intravenous, intramuscular, intra-articular, subcutaneous and 12 intradermal. 13 § 6854. Boundaries of professional competence. The activities encom- 14 passed within the definition of the practice of naturopathic medicine 15 shall not include: 16 1. administering or prescribing controlled substances; 17 2. diagnostic and therapeutic methods in which bone, viscera, the 18 eyeball, the inner ear, the dorsal body cavity, or the ventral body 19 cavity is penetrated by a physical device; 20 3. surgery as a medical procedure for structurally altering the human 21 body by cutting into live human tissue for the purpose of localized 22 alteration, transportation, or destruction of live human tissue using 23 ionizing radiation or an instrument, such as a laser, scalpel or probe. 24 Nothing in this delimitation of surgery shall preclude injection; 25 4. administering radiological procedures using ionizing radiation 26 above background levels; 27 5. administering or prescribing general or spinal anesthetic drugs; 28 6. obstetric services following detection of pregnancy through deliv- 29 ery or termination, other than prenatal wellness care; 30 7. acupuncture; 31 8. setting fractures; 32 9. treatment for malignancies other than ancillary therapies provided 33 in collaboration with an oncologist; 34 10. emergency care services for treating injuries or trauma from a 35 serious accident or a violent crime, except as permitted by article 36 thirty of the public health law; and 37 11. marital and family therapy, psychoanalysis and creative arts ther- 38 apy. 39 § 6855. State board for naturopathic medicine. 1. A state board for 40 naturopathic medicine shall be appointed by the board of regents on the 41 recommendation of the commissioner for the purpose of assisting the 42 board of regents and the department on matters of professional licensing 43 and professional conduct in accordance with section sixty-five hundred 44 eight of this title. The board shall be composed of two members of the 45 public who are consumers of naturopathic medicine and not employed by 46 nor practitioners of naturopathic medicine under this article, two 47 licensed physicians who are a doctor of medicine or a doctor of osteopa- 48 thy, and not less than six persons licensed under this article. A 49 naturopathic doctor member of the board shall have been licensed under 50 this article for at least two years prior to being appointed, which two 51 year license requirement is waived for the initial board and replaced 52 with a requirement that the naturopathic doctor obtain a license under 53 this article within one year of appointment or one year of the effective 54 date of this article, whichever comes later. The terms of the first 55 appointed members shall be staggered so that three are appointed for 56 three years, three are appointed for four years, and four are appointedA. 4825--A 5 1 for five years. An executive secretary of the board shall be appointed 2 by the board of regents on the recommendation of the commissioner. 3 2. Examinations selected or prepared by the board pursuant to subdivi- 4 sion two of section sixty-five hundred eight of this title shall conform 5 whenever possible to nationally recognized test development standards 6 and test competencies for naturopathic medicine. 7 § 6856. Qualifications for licensure. To qualify for a license to 8 practice the profession of naturopathic medicine, an applicant shall 9 fulfill the following requirements: 10 1. Application: file an application with the department; 11 2. Education: have received an education, including a doctoral degree 12 in naturopathic medicine, granted on the basis of completion of a 13 program of naturopathic medicine registered with the department or the 14 substantial equivalent thereof, in accordance with the commissioner's 15 regulations; 16 3. Experience: have satisfactorily completed a post-graduate residen- 17 cy program of naturopathic medicine of at least twelve months duration 18 approved by the department, or the substantial equivalent thereof, and 19 in accordance with the commissioner's regulations; 20 4. Examination: pass an examination satisfactory to the board and in 21 accordance with the commissioner's regulations; 22 5. Age: be at least twenty-one years of age; 23 6. Character: be of good moral character as determined by the depart- 24 ment; and 25 7. Fee: pay a fee of three hundred fifty dollars to the department for 26 an initial license and a fee of five hundred dollars for each triennial 27 registration period. 28 § 6857. Special provisions. 1. Post-effective date graduates. A person 29 shall qualify for a license to practice the profession of naturopathic 30 medicine without residency experience, provided that within ten years of 31 the effective date of this article, the person meets the following 32 requirements: 33 a. as per section sixty-eight hundred fifty-three of this article, 34 files an application, meets the education, examination, age and charac- 35 ter requirements, and pays the appropriate fees; and 36 b. establishes proof of practice by (i) providing satisfactory 37 evidence of practice of naturopathic medicine to the department of not 38 less than three years during the five years preceding the filing of the 39 application, or (ii) practicing under a limited permit in the state for 40 at least two of the three years preceding the filing of the application. 41 2. Pre-nineteen hundred eighty-eight graduates. A person shall qualify 42 for a license to practice the profession of naturopathic medicine with- 43 out residency experience or examination, provided that within ten years 44 of the effective date of this article, the person meets the following 45 requirements: 46 a. as per section sixty-eight hundred fifty-three of this article, 47 files an application, meets the age and character requirements, and pays 48 the appropriate fees; and 49 b. has graduated prior to January first, nineteen hundred eighty-eight 50 from a doctoral degree program of naturopathic medical education from 51 John Bastyr College of Naturopathic Medicine, later renamed Bastyr 52 University, or National College of Naturopathic Medicine, later renamed 53 National University of Natural Medicine; and 54 c. establishes proof of practice by (i) providing satisfactory 55 evidence of practice of naturopathic medicine to the department of not 56 less than three years during the five years preceding the filing of theA. 4825--A 6 1 application, or (ii) practicing under a limited permit in the state for 2 at least two of the three years preceding the filing of the application. 3 3. Post-nineteen hundred eighty-seven pre-effective date graduates. A 4 person shall qualify for a license to practice the profession of naturo- 5 pathic medicine with or without residency experience, provided that 6 within ten years of the effective date of this article, the person meets 7 the following requirements: 8 a. as per section sixty-eight hundred fifty-three of this article, 9 files an application, meets the age and character requirements, and pays 10 the appropriate fees; and 11 b. have graduated from a doctoral degree program of naturopathic 12 medical education that at the time of graduation was accredited by the 13 council on naturopathic medical education; and 14 c. establish proof of practice by (i) having successfully completed, 15 no more than three years prior to filing the application, a post-gradu- 16 ate residency program of naturopathic medicine of at least twelve months 17 duration sponsored by an institution approved by the council on naturo- 18 pathic medical education to sponsor residency programs; (ii) providing 19 satisfactory evidence of practice of naturopathic medicine to the 20 department of not less than three years during the five years preceding 21 the filing of the application; or (iii) practicing under a limited 22 permit in the state for at least two of the three years preceding the 23 filing of the application; and 24 d. have passed the naturopathic physicians licensing examinations 25 (NPLEX) administered by the North American board of naturopathic examin- 26 ers. 27 4. The "practice of naturopathic medicine" as used in this section 28 includes the practice of naturopathy or naturopathic medicine in a state 29 or territory of the United States, including New York state, or a Cana- 30 dian province, while maintaining a professional license in naturopathy 31 or naturopathic medicine issued by the same or another state or territo- 32 ry or a Canadian province; and includes practice performed before and 33 after the effective date of this article. 34 § 6858. Exempt persons and exemptions. Nothing contained in this arti- 35 cle shall be construed to affect or prevent the following: 36 1. The practice, conduct, activities or services of any person 37 licensed under this title performed incidental to the practice of his or 38 her profession, provided, however, that no such person may use the title 39 naturopathic doctor nor use the words "naturopathic medicine" to 40 describe his or her services, unless licensed under this article. 41 2. A student, intern or resident from engaging in the practice of 42 naturopathic medicine while participating in the education or experience 43 requirements defined in subdivisions two and three of section sixty- 44 eight hundred fifty-seven of this article. 45 3. The practice of naturopathic medicine by a salaried employee of the 46 government of the United States while the individual is engaged in the 47 performance of duties prescribed by the laws and regulations of the 48 United States. 49 4. The domestic care of the sick, disabled or injured by any family 50 member, household member or friend, or person employed primarily in a 51 domestic capacity who does not hold himself or herself out, or accept 52 employment as a person licensed to practice naturopathic medicine under 53 the provisions of this article. 54 5. The care of the sick when done in connection with the practice of 55 the religious tenets of any church.A. 4825--A 7 1 6. The marketing, sale or use of substances or devices governed by the 2 Federal Food, Drug, and Cosmetic Act that do not require a prescription 3 from a qualified healthcare provider. 4 7. The conduct, activities, or services of individuals, churches, 5 schools, teachers, organizations, or not-for-profit businesses in 6 providing instruction, advice, support, encouragement, or information to 7 individuals, families, and relational groups. 8 8. A person who does not hold himself or herself out to be a licensed 9 naturopathic doctor form providing general non-medical applications of 10 air, light, water, food and herbs to the body. 11 § 6859. Limited residency permits. 1. Eligibility: For issuance of a 12 limited residency permit, the applicant shall fulfill the following 13 requirements: 14 a. Application: file an application with the department for a limited 15 residency permit; 16 b. Education: have received an education, including a doctoral degree 17 in naturopathic medicine, granted on the basis of completion of a 18 program of naturopathic medicine registered with the department or the 19 substantial equivalent thereof; 20 c. Acceptance: have been accepted into a post-graduate residency 21 program of naturopathic medicine approved by the department; 22 d. Character: be of good moral character as determined by the depart- 23 ment; and 24 e. Age: be at least twenty-one years of age. 25 2. Limits of practice: All practices under a limited residency permit 26 shall be limited to facilities encompassed by the post-graduate residen- 27 cy program of the permit holder, such as a hospital, an incorporated 28 hospital or clinic, a licensed proprietary hospital, a licensed nursing 29 home, a public health agency, a recognized public or non-public school 30 setting, the office of a licensed naturopathic doctor, the office of a 31 licensed physician, or in the civil service of the state or political 32 subdivision thereof. Practice supervision of a permit holder's practice 33 activities shall be direct supervision by a licensed naturopathic doctor 34 or a licensed physician who is professionally responsible for the 35 performance of the procedure, and is capable of responding to a request 36 for assistance within a timeframe that poses no risk to the patient. 37 3. Duration: A limited residency permit shall be valid for one year 38 and may be renewed at the discretion of the department for up to two 39 years at the discretion of the department. 40 4. Fee: The fee for each limited residency permit shall be one hundred 41 dollars. The fee for each renewal shall be fifty dollars. 42 § 6860. Limited permits. 1. Eligibility: A limited permit is issued 43 for the purpose of permitting an applicant to establish proof of prac- 44 tice for purposes of meeting the requirements for licensure under the 45 special provisions of section sixty-eight hundred fifty-eight of this 46 article. For issuance of a limited permit, the applicant shall fulfill 47 the following requirements: 48 a. Application: file an application with the department for a limited 49 permit within nine years of the effective date of this article; 50 b. Character: be of good moral character as determined by the depart- 51 ment; 52 c. Age: be at least twenty-one years of age; and 53 d. Special provision applicability: 54 (i) meet the education and examination requirements of section sixty- 55 eight hundred fifty-three of this article;A. 4825--A 8 1 (ii) have graduated prior to January first, nineteen hundred eighty- 2 eight from a doctoral degree program of naturopathic medical education 3 from John Bastyr College of Naturopathic Medicine, later renamed Bastyr 4 University, or National College of Naturopathic Medicine, later renamed 5 National University of Natural Medicine; or 6 (iii) have graduated from a doctoral degree program of naturopathic 7 medical education that at the time of graduation was accredited by the 8 council on naturopathic medical education, and have passed the naturo- 9 pathic physicians licensing examinations (NPLEX) administered by the 10 North American board of naturopathic examiners. 11 2. Limit of practice: Such limited permit shall authorize the practice 12 of naturopathic medicine only under the supervision of a licensed natu- 13 ropathic doctor or a licensed physician. Supervision of the limited 14 permit holder's practice activities shall be on-site supervision by a 15 licensed naturopathic doctor or a licensed physician. 16 3. Duration: A limited permit shall be valid for a period of two 17 years, and may be renewed periodically at the discretion of the depart- 18 ment for one year periods. 19 4. Fee: The fee for each limited permit shall be two hundred dollars. 20 The fee for each renewal shall be one hundred dollars. 21 § 6861. Mandatory continuing education. 1. a. Each naturopathic doctor 22 licensed pursuant to this article, required to register triennially with 23 the department to practice in this state shall comply with the 24 provisions of the mandatory continuing education requirements prescribed 25 in subdivision two of this section, except as provided in paragraphs b 26 and c of this subdivision. Naturopathic doctors who do not satisfy the 27 mandatory continuing education requirements shall not practice until 28 they have met such requirements, and they have been issued a registra- 29 tion certificate, except that a naturopathic doctor may practice without 30 having met such requirements if he or she is issued a conditional regis- 31 tration pursuant to subdivision three of this section. 32 b. Naturopathic doctors shall be exempt from the mandatory continuing 33 education requirement for the triennial registration period during which 34 they are first licensed. In accord with the intent of this section, 35 adjustments to the mandatory continuing education requirements may be 36 granted by the department for reasons of health certified by an appro- 37 priate health care professional, for extended active duty with the armed 38 forces of the United States, or for other good cause acceptable to the 39 department, which may prevent compliance. 40 c. A licensed naturopathic doctor not engaged in professional prac- 41 tice, as determined by the department, shall be exempt from the mandato- 42 ry continuing education requirement upon the filing of a statement with 43 the department declaring such status. Any licensee who returns to the 44 practice of naturopathic medicine during the triennial registration 45 period shall notify the department prior to reentering the profession 46 and shall meet such mandatory education requirements as shall be 47 prescribed by regulations of the commissioner. 48 2. During each triennial registration period an applicant for regis- 49 tration shall complete sixty hours of acceptable formal continuing 50 education. Any licensed naturopathic doctor whose first registration 51 date following the effective date of this section occurs less than three 52 years from such effective date, shall complete continuing education 53 hours on a prorated basis at the rate of one and one-half hours per 54 month for the number of months between the effective date and the first 55 registration date. Thereafter, a licensee who has not satisfied the 56 mandatory continuing education requirements shall not be issued a trien-A. 4825--A 9 1 nial registration certificate by the department and shall not practice 2 unless and until a conditional registration certificate is issued as 3 provided in subdivision three of this section. Continuing education 4 hours taken during one triennium may not be carried over or otherwise 5 credited or transferred to a subsequent triennium. 6 3. The department, in its discretion, may issue a conditional regis- 7 tration to a licensee who fails to meet the continuing education 8 requirements established in subdivision two of this section but who 9 agrees to make up any deficiencies and take any additional education 10 which the department may require. The fee for such a conditional regis- 11 tration shall be the same as, and in addition to, the fee for the trien- 12 nial registration. The duration of such conditional registration shall 13 be determined by the department but shall not exceed one year. Any 14 licensee who is notified of the denial of registration for failure to 15 complete the required continued education and who continues to practice 16 naturopathic medicine without such registration, shall be subject to 17 disciplinary proceedings pursuant to section sixty-five hundred ten of 18 this title. 19 4. The mandatory continuing education fee shall be fifty dollars. Such 20 fee shall be payable on or before the first day of each triennial regis- 21 tration period in addition to the triennial registration fee required by 22 section sixty-eight hundred fifty-six of this article. 23 § 2. Subdivision (a) of section 1203 of the limited liability company 24 law, as amended by chapter 475 of the laws of 2014, is amended to read 25 as follows: 26 (a) Notwithstanding the education law or any other provision of law, 27 one or more professionals each of whom is authorized by law to render a 28 professional service within the state, or one or more professionals, at 29 least one of whom is authorized by law to render a professional service 30 within the state, may form, or cause to be formed, a professional 31 service limited liability company for pecuniary profit under this arti- 32 cle for the purpose of rendering the professional service or services as 33 such professionals are authorized to practice. With respect to a 34 professional service limited liability company formed to provide medical 35 services as such services are defined in article 131 of the education 36 law, each member of such limited liability company must be licensed 37 pursuant to article 131 of the education law to practice medicine in 38 this state. With respect to a professional service limited liability 39 company formed to provide naturopathic services as such services are 40 defined in article 138 of the education law, each member of such limited 41 liability company must be licensed pursuant to article 138 of the educa- 42 tion law to practice naturopathy in this state. With respect to a 43 professional service limited liability company formed to provide dental 44 services as such services are defined in article 133 of the education 45 law, each member of such limited liability company must be licensed 46 pursuant to article 133 of the education law to practice dentistry in 47 this state. With respect to a professional service limited liability 48 company formed to provide veterinary services as such services are 49 defined in article 135 of the education law, each member of such limited 50 liability company must be licensed pursuant to article 135 of the educa- 51 tion law to practice veterinary medicine in this state. With respect to 52 a professional service limited liability company formed to provide 53 professional engineering, land surveying, architectural, landscape 54 architectural and/or geological services as such services are defined in 55 article 145, article 147 and article 148 of the education law, each 56 member of such limited liability company must be licensed pursuant toA. 4825--A 10 1 article 145, article 147 and/or article 148 of the education law to 2 practice one or more of such professions in this state. With respect to 3 a professional service limited liability company formed to provide 4 licensed clinical social work services as such services are defined in 5 article 154 of the education law, each member of such limited liability 6 company shall be licensed pursuant to article 154 of the education law 7 to practice licensed clinical social work in this state. With respect to 8 a professional service limited liability company formed to provide crea- 9 tive arts therapy services as such services are defined in article 163 10 of the education law, each member of such limited liability company must 11 be licensed pursuant to article 163 of the education law to practice 12 creative arts therapy in this state. With respect to a professional 13 service limited liability company formed to provide marriage and family 14 therapy services as such services are defined in article 163 of the 15 education law, each member of such limited liability company must be 16 licensed pursuant to article 163 of the education law to practice 17 marriage and family therapy in this state. With respect to a profes- 18 sional service limited liability company formed to provide mental health 19 counseling services as such services are defined in article 163 of the 20 education law, each member of such limited liability company must be 21 licensed pursuant to article 163 of the education law to practice mental 22 health counseling in this state. With respect to a professional service 23 limited liability company formed to provide psychoanalysis services as 24 such services are defined in article 163 of the education law, each 25 member of such limited liability company must be licensed pursuant to 26 article 163 of the education law to practice psychoanalysis in this 27 state. With respect to a professional service limited liability company 28 formed to provide applied behavior analysis services as such services 29 are defined in article 167 of the education law, each member of such 30 limited liability company must be licensed or certified pursuant to 31 article 167 of the education law to practice applied behavior analysis 32 in this state. In addition to engaging in such profession or 33 professions, a professional service limited liability company may engage 34 in any other business or activities as to which a limited liability 35 company may be formed under section two hundred one of this chapter. 36 Notwithstanding any other provision of this section, a professional 37 service limited liability company (i) authorized to practice law may 38 only engage in another profession or business or activities or (ii) 39 which is engaged in a profession or other business or activities other 40 than law may only engage in the practice of law, to the extent not 41 prohibited by any other law of this state or any rule adopted by the 42 appropriate appellate division of the supreme court or the court of 43 appeals. 44 § 3. Subdivision (b) of section 1207 of the limited liability company 45 law, as amended by chapter 475 of the laws of 2014, is amended to read 46 as follows: 47 (b) With respect to a professional service limited liability company 48 formed to provide medical services as such services are defined in arti- 49 cle 131 of the education law, each member of such limited liability 50 company must be licensed pursuant to article 131 of the education law to 51 practice medicine in this state. With respect to a professional service 52 limited liability company formed to provide naturopathic services as 53 such services are defined in article 138 of the education law, each 54 member of such limited liability company must be licensed pursuant to 55 article 138 of the education law to practice naturopathy in this state. 56 With respect to a professional service limited liability company formedA. 4825--A 11 1 to provide dental services as such services are defined in article 133 2 of the education law, each member of such limited liability company must 3 be licensed pursuant to article 133 of the education law to practice 4 dentistry in this state. With respect to a professional service limited 5 liability company formed to provide veterinary services as such services 6 are defined in article 135 of the education law, each member of such 7 limited liability company must be licensed pursuant to article 135 of 8 the education law to practice veterinary medicine in this state. With 9 respect to a professional service limited liability company formed to 10 provide professional engineering, land surveying, architectural, land- 11 scape architectural and/or geological services as such services are 12 defined in article 145, article 147 and article 148 of the education 13 law, each member of such limited liability company must be licensed 14 pursuant to article 145, article 147 and/or article 148 of the education 15 law to practice one or more of such professions in this state. With 16 respect to a professional service limited liability company formed to 17 provide licensed clinical social work services as such services are 18 defined in article 154 of the education law, each member of such limited 19 liability company shall be licensed pursuant to article 154 of the 20 education law to practice licensed clinical social work in this state. 21 With respect to a professional service limited liability company formed 22 to provide creative arts therapy services as such services are defined 23 in article 163 of the education law, each member of such limited liabil- 24 ity company must be licensed pursuant to article 163 of the education 25 law to practice creative arts therapy in this state. With respect to a 26 professional service limited liability company formed to provide 27 marriage and family therapy services as such services are defined in 28 article 163 of the education law, each member of such limited liability 29 company must be licensed pursuant to article 163 of the education law to 30 practice marriage and family therapy in this state. With respect to a 31 professional service limited liability company formed to provide mental 32 health counseling services as such services are defined in article 163 33 of the education law, each member of such limited liability company must 34 be licensed pursuant to article 163 of the education law to practice 35 mental health counseling in this state. With respect to a professional 36 service limited liability company formed to provide psychoanalysis 37 services as such services are defined in article 163 of the education 38 law, each member of such limited liability company must be licensed 39 pursuant to article 163 of the education law to practice psychoanalysis 40 in this state. With respect to a professional service limited liability 41 company formed to provide applied behavior analysis services as such 42 services are defined in article 167 of the education law, each member of 43 such limited liability company must be licensed or certified pursuant to 44 article 167 of the education law to practice applied behavior analysis 45 in this state. 46 § 4. Subdivision (a) of section 1301 of the limited liability company 47 law, as amended by chapter 475 of the laws of 2014, is amended to read 48 as follows: 49 (a) "Foreign professional service limited liability company" means a 50 professional service limited liability company, whether or not denomi- 51 nated as such, organized under the laws of a jurisdiction other than 52 this state, (i) each of whose members and managers, if any, is a profes- 53 sional authorized by law to render a professional service within this 54 state and who is or has been engaged in the practice of such profession 55 in such professional service limited liability company or a predecessor 56 entity, or will engage in the practice of such profession in the profes-A. 4825--A 12 1 sional service limited liability company within thirty days of the date 2 such professional becomes a member, or each of whose members and manag- 3 ers, if any, is a professional at least one of such members is author- 4 ized by law to render a professional service within this state and who 5 is or has been engaged in the practice of such profession in such 6 professional service limited liability company or a predecessor entity, 7 or will engage in the practice of such profession in the professional 8 service limited liability company within thirty days of the date such 9 professional becomes a member, or (ii) authorized by, or holding a 10 license, certificate, registration or permit issued by the licensing 11 authority pursuant to, the education law to render a professional 12 service within this state; except that all members and managers, if any, 13 of a foreign professional service limited liability company that 14 provides health services in this state shall be licensed in this state. 15 With respect to a professional service limited liability company formed 16 to provide naturopathic services as such services are defined in article 17 138 of the education law, each member of such limited liability company 18 must be licensed pursuant to article 138 of the education law to prac- 19 tice naturopathy in this state. With respect to a foreign professional 20 service limited liability company which provides veterinary services as 21 such services are defined in article 135 of the education law, each 22 member of such foreign professional service limited liability company 23 shall be licensed pursuant to article 135 of the education law to prac- 24 tice veterinary medicine. With respect to a foreign professional service 25 limited liability company which provides medical services as such 26 services are defined in article 131 of the education law, each member of 27 such foreign professional service limited liability company must be 28 licensed pursuant to article 131 of the education law to practice medi- 29 cine in this state. With respect to a foreign professional service 30 limited liability company which provides dental services as such 31 services are defined in article 133 of the education law, each member of 32 such foreign professional service limited liability company must be 33 licensed pursuant to article 133 of the education law to practice 34 dentistry in this state. With respect to a foreign professional service 35 limited liability company which provides professional engineering, land 36 surveying, geologic, architectural and/or landscape architectural 37 services as such services are defined in article 145, article 147 and 38 article 148 of the education law, each member of such foreign profes- 39 sional service limited liability company must be licensed pursuant to 40 article 145, article 147 and/or article 148 of the education law to 41 practice one or more of such professions in this state. With respect to 42 a foreign professional service limited liability company which provides 43 licensed clinical social work services as such services are defined in 44 article 154 of the education law, each member of such foreign profes- 45 sional service limited liability company shall be licensed pursuant to 46 article 154 of the education law to practice clinical social work in 47 this state. With respect to a foreign professional service limited 48 liability company which provides creative arts therapy services as such 49 services are defined in article 163 of the education law, each member of 50 such foreign professional service limited liability company must be 51 licensed pursuant to article 163 of the education law to practice crea- 52 tive arts therapy in this state. With respect to a foreign professional 53 service limited liability company which provides marriage and family 54 therapy services as such services are defined in article 163 of the 55 education law, each member of such foreign professional service limited 56 liability company must be licensed pursuant to article 163 of the educa-A. 4825--A 13 1 tion law to practice marriage and family therapy in this state. With 2 respect to a foreign professional service limited liability company 3 which provides mental health counseling services as such services are 4 defined in article 163 of the education law, each member of such foreign 5 professional service limited liability company must be licensed pursuant 6 to article 163 of the education law to practice mental health counseling 7 in this state. With respect to a foreign professional service limited 8 liability company which provides psychoanalysis services as such 9 services are defined in article 163 of the education law, each member of 10 such foreign professional service limited liability company must be 11 licensed pursuant to article 163 of the education law to practice 12 psychoanalysis in this state. With respect to a foreign professional 13 service limited liability company which provides applied behavior analy- 14 sis services as such services are defined in article 167 of the educa- 15 tion law, each member of such foreign professional service limited 16 liability company must be licensed or certified pursuant to article 167 17 of the education law to practice applied behavior analysis in this 18 state. 19 § 5. Subdivision (q) of section 121-1500 of the partnership law, as 20 amended by chapter 475 of the laws of 2014, is amended to read as 21 follows: 22 (q) Each partner of a registered limited liability partnership formed 23 to provide medical services in this state must be licensed pursuant to 24 article 131 of the education law to practice medicine in this state and 25 each partner of a registered limited liability partnership formed to 26 provide dental services in this state must be licensed pursuant to arti- 27 cle 133 of the education law to practice dentistry in this state. Each 28 partner of a registered limited liability partnership formed to provide 29 naturopathic services in this state must be licensed pursuant to article 30 138 of the education law to practice naturopathy in this state. Each 31 partner of a registered limited liability partnership formed to provide 32 veterinary services in this state must be licensed pursuant to article 33 135 of the education law to practice veterinary medicine in this state. 34 Each partner of a registered limited liability partnership formed to 35 provide professional engineering, land surveying, geological services, 36 architectural and/or landscape architectural services in this state must 37 be licensed pursuant to article 145, article 147 and/or article 148 of 38 the education law to practice one or more of such professions in this 39 state. Each partner of a registered limited liability partnership formed 40 to provide licensed clinical social work services in this state must be 41 licensed pursuant to article 154 of the education law to practice clin- 42 ical social work in this state. Each partner of a registered limited 43 liability partnership formed to provide creative arts therapy services 44 in this state must be licensed pursuant to article 163 of the education 45 law to practice creative arts therapy in this state. Each partner of a 46 registered limited liability partnership formed to provide marriage and 47 family therapy services in this state must be licensed pursuant to arti- 48 cle 163 of the education law to practice marriage and family therapy in 49 this state. Each partner of a registered limited liability partnership 50 formed to provide mental health counseling services in this state must 51 be licensed pursuant to article 163 of the education law to practice 52 mental health counseling in this state. Each partner of a registered 53 limited liability partnership formed to provide psychoanalysis services 54 in this state must be licensed pursuant to article 163 of the education 55 law to practice psychoanalysis in this state. Each partner of a regis- 56 tered limited liability partnership formed to provide applied behaviorA. 4825--A 14 1 analysis service in this state must be licensed or certified pursuant to 2 article 167 of the education law to practice applied behavior analysis 3 in this state. 4 § 6. Subdivision (q) of section 121-1502 of the partnership law, as 5 amended by chapter 475 of the laws of 2014, is amended to read as 6 follows: 7 (q) Each partner of a foreign limited liability partnership which 8 provides medical services in this state must be licensed pursuant to 9 article 131 of the education law to practice medicine in the state and 10 each partner of a foreign limited liability partnership which provides 11 dental services in the state must be licensed pursuant to article 133 of 12 the education law to practice dentistry in this state. Each partner of a 13 foreign limited liability partnership which provides naturopathic 14 services in this state must be licensed pursuant to article 138 of the 15 education law to practice naturopathy in this state. Each partner of a 16 foreign limited liability partnership which provides veterinary service 17 in the state shall be licensed pursuant to article 135 of the education 18 law to practice veterinary medicine in this state. Each partner of a 19 foreign limited liability partnership which provides professional engi- 20 neering, land surveying, geological services, architectural and/or land- 21 scape architectural services in this state must be licensed pursuant to 22 article 145, article 147 and/or article 148 of the education law to 23 practice one or more of such professions. Each partner of a foreign 24 limited liability partnership which provides licensed clinical social 25 work services in this state must be licensed pursuant to article 154 of 26 the education law to practice licensed clinical social work in this 27 state. Each partner of a foreign limited liability partnership which 28 provides creative arts therapy services in this state must be licensed 29 pursuant to article 163 of the education law to practice creative arts 30 therapy in this state. Each partner of a foreign limited liability part- 31 nership which provides marriage and family therapy services in this 32 state must be licensed pursuant to article 163 of the education law to 33 practice marriage and family therapy in this state. Each partner of a 34 foreign limited liability partnership which provides mental health coun- 35 seling services in this state must be licensed pursuant to article 163 36 of the education law to practice mental health counseling in this state. 37 Each partner of a foreign limited liability partnership which provides 38 psychoanalysis services in this state must be licensed pursuant to arti- 39 cle 163 of the education law to practice psychoanalysis in this state. 40 Each partner of a foreign limited liability partnership which provides 41 applied behavior analysis services in this state must be licensed or 42 certified pursuant to article 167 of the education law to practice 43 applied behavior analysis in this state. 44 § 7. Paragraph (a) of subdivision 1 of section 413 of the social 45 services law, as amended by section 7 of part C of chapter 57 of the 46 laws of 2018, is amended to read as follows: 47 (a) The following persons and officials are required to report or 48 cause a report to be made in accordance with this title when they have 49 reasonable cause to suspect that a child coming before them in their 50 professional or official capacity is an abused or maltreated child, or 51 when they have reasonable cause to suspect that a child is an abused or 52 maltreated child where the parent, guardian, custodian or other person 53 legally responsible for such child comes before them in their profes- 54 sional or official capacity and states from personal knowledge facts, 55 conditions or circumstances which, if correct, would render the child an 56 abused or maltreated child: any physician; registered physician assist-A. 4825--A 15 1 ant; surgeon; medical examiner; coroner; dentist; dental hygienist; 2 osteopath; optometrist; chiropractor; podiatrist; naturopathic doctor; 3 resident; intern; psychologist; registered nurse; social worker; emer- 4 gency medical technician; licensed creative arts therapist; licensed 5 marriage and family therapist; licensed mental health counselor; 6 licensed psychoanalyst; licensed behavior analyst; certified behavior 7 analyst assistant; hospital personnel engaged in the admission, examina- 8 tion, care or treatment of persons; a Christian Science practitioner; 9 school official, which includes but is not limited to school teacher, 10 school guidance counselor, school psychologist, school social worker, 11 school nurse, school administrator or other school personnel required to 12 hold a teaching or administrative license or certificate; full or part- 13 time compensated school employee required to hold a temporary coaching 14 license or professional coaching certificate; social services worker; 15 employee of a publicly-funded emergency shelter for families with chil- 16 dren; director of a children's overnight camp, summer day camp or trav- 17 eling summer day camp, as such camps are defined in section thirteen 18 hundred ninety-two of the public health law; day care center worker; 19 school-age child care worker; provider of family or group family day 20 care; employee or volunteer in a residential care facility for children 21 that is licensed, certified or operated by the office of children and 22 family services; or any other child care or foster care worker; mental 23 health professional; substance abuse counselor; alcoholism counselor; 24 all persons credentialed by the office of alcoholism and substance abuse 25 services; employees, who are expected to have regular and substantial 26 contact with children, of a health home or health home care management 27 agency contracting with a health home as designated by the department of 28 health and authorized under section three hundred sixty-five-l of this 29 chapter or such employees who provide home and community based services 30 under a demonstration program pursuant to section eleven hundred fifteen 31 of the federal social security act who are expected to have regular and 32 substantial contact with children; peace officer; police officer; 33 district attorney or assistant district attorney; investigator employed 34 in the office of a district attorney; or other law enforcement official. 35 § 8. Subdivision 6 of section 571 of the public health law, as amended 36 by chapter 444 of the laws of 2013, is amended to read as follows: 37 6. "Qualified health care professional" means a physician, dentist, 38 podiatrist, naturopathic doctor, optometrist performing a clinical labo- 39 ratory test that does not use an invasive modality as defined in section 40 seventy-one hundred one of the education law, physician assistant, 41 specialist assistant, nurse practitioner, or midwife, who is licensed 42 and registered with the state education department. 43 § 9. Subdivision 1 of section 585 of the public health law, as added 44 by chapter 803 of the laws of 1992, is amended to read as follows: 45 1. "Health services purveyor" means any person, firm, partnership, 46 group, association, corporation or professional corporation, or any 47 agent, employee, fiduciary, employer or representative thereof, includ- 48 ing but not limited to a physician, dentist, podiatrist, naturopathic 49 doctor or chiropractor, either in individual practice, group practice or 50 employed in a facility owned by any person, group, association, firm, 51 partnership or corporation hiring any of the aforementioned practition- 52 ers, who provide health or health related services. 53 § 10. Subdivision 4 of section 7605 of the education law, as amended 54 by chapter 554 of the laws of 2013, is amended to read as follows: 55 4. The practice, conduct, activities, or services by any person 56 licensed or otherwise authorized to practice nursing as a registeredA. 4825--A 16 1 professional nurse or nurse practitioner within the state pursuant to 2 article one hundred thirty-nine of this title, or by any person licensed 3 to practice naturopathic medicine within the state pursuant to article 4 one hundred thirty-eight of this title or by any person licensed or 5 otherwise authorized to practice social work within the state pursuant 6 to article one hundred fifty-four of this title, or by any person 7 licensed or otherwise authorized to practice mental health counseling, 8 marriage and family therapy, creative arts therapy, or psychoanalysis 9 within the state pursuant to article one hundred sixty-three of this 10 title, or any person licensed or otherwise authorized to practice 11 applied behavior analysis within the state pursuant to article one 12 hundred sixty-seven of this title or any individual who is credentialed 13 under any law, including attorneys, rape crisis counselors, certified 14 alcoholism counselors, and certified substance abuse counselors from 15 providing mental health services within their respective established 16 authorities. 17 § 11. Subdivision 1 of section 8410 of the education law, as amended 18 by chapter 554 of the laws of 2013, is amended to read as follows: 19 1. Apply to the practice, conduct, activities, services or use of any 20 title by any person licensed or otherwise authorized to practice medi- 21 cine within the state pursuant to article one hundred thirty-one of this 22 title or by any person registered to perform services as a physician 23 assistant within the state pursuant to article one hundred thirty-one-B 24 of this title or by any person licensed or otherwise authorized to prac- 25 tice psychology within this state pursuant to article one hundred 26 fifty-three of this title or by any person licensed or otherwise author- 27 ized to practice social work within this state pursuant to article one 28 hundred fifty-four of this title, or by any person licensed or otherwise 29 authorized to practice naturopathic medicine care within this state 30 pursuant to article one hundred thirty-eight of this title, or by any 31 person licensed or otherwise authorized to practice nursing as a regis- 32 tered professional nurse or nurse practitioner within this state pursu- 33 ant to article one hundred thirty-nine of this title or by any person 34 licensed or otherwise authorized to practice applied behavior analysis 35 within the state pursuant to article one hundred sixty-seven of this 36 title; provided, however, that no physician, physician's assistant, 37 naturopathic doctor, registered professional nurse, nurse practitioner, 38 psychologist, licensed master social worker, licensed clinical social 39 worker, licensed behavior analyst or certified behavior analyst assist- 40 ant may use the titles "licensed mental health counselor", "licensed 41 marriage and family therapist", "licensed creative arts therapist", or 42 "licensed psychoanalyst", unless licensed under this article. 43 § 12. Subdivision 1 of section 7805 of the education law, as amended 44 by chapter 230 of the laws of 1997, is amended to read as follows: 45 1. The practice of massage therapy by any person who is authorized to 46 practice medicine, nursing, osteopathy, naturopathic medicine, physioth- 47 erapy, chiropractic, or podiatry in accordance with the provisions of 48 this title. 49 § 13. Subdivision 1 of section 579 of the public health law, as 50 amended by chapter 376 of the laws of 2015, is amended to read as 51 follows: 52 1. This title is applicable to all clinical laboratories and blood 53 banks operating within the state, except clinical laboratories and blood 54 banks operated by the federal government and clinical laboratories oper- 55 ated by a licensed physician, osteopath, dentist, midwife, nurse practi- 56 tioner, naturopathic doctor solely as an adjunct to the treatment of hisA. 4825--A 17 1 or her own patients, optometrist performing a clinical laboratory test 2 that does not use an invasive modality as defined in section seventy-one 3 hundred one of the education law or podiatrist who performs laboratory 4 tests or procedures, personally or through his or her employees, solely 5 as an adjunct to the treatment of his or her own patients; to the extent 6 authorized by federal and state law, including the education law. 7 § 14. This act shall take effect on the five hundred fortieth day 8 after it shall have become a law. Effective immediately, the addition, 9 amendment and/or repeal of any rule or regulation necessary for the 10 implementation of this act on its effective date are authorized to be 11 made and completed by the commissioner of education and the board of 12 regents on or before such effective date, including appointment of the 13 state board for naturopathic medicine.