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.
                                                                   LBD08497-03-9

        A. 4825--A                          2

     1  state.  The general provisions for all professions contained in  article
     2  one hundred thirty, as added by chapter nine hundred eighty-seven of the
     3  laws  of nineteen hundred seventy-one, of this title apply to this arti-
     4  cle.
     5    §  6851.  Definition of the practice of naturopathic medicine.  1. The
     6  practice of naturopathic medicine, a distinct and  comprehensive  system
     7  of primary health care, is defined as facilitating wellness and prevent-
     8  ing, diagnosing and treating any human disease, pain, injury, deformity,
     9  physical  condition,  or  maladaptive behavior using methods, including,
    10  but not limited to:
    11    a. patient interview.
    12    b. comprehensive physical examination.
    13    c. ordering and prescribing laboratory tests and procedures with labo-
    14  ratories that hold a permit pursuant to title five of  article  five  of
    15  the public health law.
    16    d.  administering  in-office  laboratory  tests and provider-performed
    17  microscopy procedures under a clinical laboratory improvement  amendment
    18  of 1988 (CLIA) certificate, as an adjunct to the treatment of his or her
    19  own patients.
    20    e.  specimen collection methods including, patient submission, phlebo-
    21  tomy, hair specimen cutting, nasopharyngeal  wash,  and  procedures  for
    22  collecting  tissue,  secretions,  excretions and cytology samples with a
    23  speculum, spatula, swab, brush or container.
    24    f. ordering and prescribing diagnostic imaging including  radiography,
    25  tomography,  magnetic  resonance imaging, ultrasonography and thermogra-
    26  phy, and excluding ordering and prescribing nuclear medicine  and  fluo-
    27  roscopy.
    28    g.  using  ingestible  sensors  in the alimentary canal for diagnostic
    29  purposes.
    30    h. administering and prescribing diet  and  lifestyle  counseling  and
    31  patient education as to circumstances of health and illness.
    32    i. administering and prescribing counseling, biofeedback, and hypnosis
    33  with  the intent of assisting a person to manage stressors, modify mala-
    34  daptive behavior and maintain wellness.
    35    j. administering and prescribing naturopathic manual  therapy  as  the
    36  application  of  touch, massage, stretching, resistance, joint mobiliza-
    37  tion and joint manipulation.
    38    k. administering and prescribing therapeutic exercise.
    39    l. administering and prescribing naturopathic physical  agent  modali-
    40  ties  of  hydrotherapy,  colonic  irrigation, electrotherapy, diathermy,
    41  ultrasound and phototherapy.
    42    m. administering, prescribing,  ordering  and  dispensing  therapeutic
    43  devices that do not require a prescription.
    44    n.  prescribing,  ordering, installing, removing and adjusting barrier
    45  contraceptive devices.
    46    o. administering, prescribing,  ordering,  and  dispensing  substances
    47  that  do  not  require  a  prescription under the federal food, drug and
    48  cosmetic act, as amended, including, but not limited to,  over-the-coun-
    49  ter  drugs,  vitamins,  minerals,  amino  acids, botanical preparations,
    50  homeopathic preparations, dietary supplements, food  concentrates,  food
    51  extracts and other dietary ingredients.
    52    p.  administering  and  prescribing  the  following  drugs for which a
    53  prescription is required under the federal food, drug and cosmetic act:
    54    (i) epinephrine to treat anaphylaxis; and
    55    (ii) natural and synthetic hormones.

        A. 4825--A                          3

     1    2. In the practice of naturopathic medicine a naturopathic doctor  may
     2  use  routes  of  administration  that  include oral, sublingual, buccal,
     3  nasal,  auricular,  ocular,  rectal,  vaginal,  transdermal,  and,   for
     4  epinephrine, injection by auto-injection device.
     5    3.  In the practice of naturopathic medicine a naturopathic doctor may
     6  use medical devices that are exempt or are class i or class  ii  devices
     7  identified under title twenty-one of the code of federal regulations.
     8    §  6852.  Practice  of naturopathic medicine and use of title "Naturo-
     9  pathic Doctor". 1. Only a person licensed under this article may use the
    10  title "naturopathic  doctor",  "licensed  naturopath"  or  "professional
    11  naturopath"  and  hold herself or himself out as practicing naturopathic
    12  medicine.
    13    2. No person licensed under this article shall hold herself or himself
    14  out as practicing any other profession regulated by this title, or use a
    15  title of any other profession, unless otherwise  authorized  under  this
    16  title.
    17    §  6853.  Injection  therapy  and injection therapy privilege. 1.  For
    18  issuance of a privilege to practice injection therapy as  such  term  is
    19  used in this article, the applicant shall fulfill the following require-
    20  ments:
    21    a.  Application:    file  an  application  with the department for the
    22  injection therapy privilege;
    23    b. License status:  be licensed or hold  either  a  limited  residency
    24  permit  or  limited  permit  to  practice the profession of naturopathic
    25  medicine in this state;
    26    c. Training: (i) have successfully completed  a  course  in  injection
    27  therapy  having  a syllabus and practicum in accordance with regulations
    28  promulgated by the commissioner from a course provider approved  by  the
    29  department; (ii) have successfully completed training in injection ther-
    30  apy  as  part  of a program of naturopathic medicine registered with the
    31  department or the  substantial  equivalent  thereof;  or  (iii)  provide
    32  documentation  that  he  or she has training and experience in injection
    33  therapy that is acceptable to the department;
    34    d. Fee: pay a fee to the department of two  hundred  dollars  for  the
    35  issuance and initial registration of the injection therapy privilege.
    36    2.  An  injection therapy privilege issued under this section shall be
    37  valid for the life of the holder, unless revoked, annulled, or suspended
    38  by the board of regents, or unless expired.  Such a privilege  shall  be
    39  subject  to  the  same oversight and disciplinary provisions as licenses
    40  issued under this title. The holder of a  privilege  issued  under  this
    41  section  shall register with the department as a privilege holder in the
    42  same manner and subject to the same provisions as required of a licensee
    43  pursuant to section sixty-five hundred two of this title.  The  fee  for
    44  such  registration shall be one hundred dollars. The registration period
    45  for a privilege holder shall be coterminous with his or her registration
    46  by license or permit to practice the profession  of  naturopathic  medi-
    47  cine.
    48    3. A student in a doctoral program of naturopathic medicine acceptable
    49  to  the  department  or  the  substantial equivalent thereof may perform
    50  injection  therapy  in  an  internship  or  preceptorship  setting  when
    51  required  as  part  of  such  program for the purpose of fulfilling such
    52  program requirement only under the direct  supervision  of  a  physician
    53  licensed  under  this title or a naturopathic doctor licensed under this
    54  article having injection therapy privilege who is professionally respon-
    55  sible for the performance of the injection procedure, and is able to  be
    56  available to furnish assistance and direction throughout the performance

        A. 4825--A                          4

     1  of the injection procedure, but need not be present in the room when the
     2  injection procedure is performed.
     3    4.  (a) Injection therapy is administering and prescribing, in compli-
     4  ance with federal and state law, the following:  (i)  these  substances,
     5  when  such substances are chemically identical to those for sale without
     6  a prescription:  vitamins, minerals, amino  acids,  glutathione,  botan-
     7  icals and their extracts, homeopathic preparations, electrolytes, sugars
     8  and  diluents;  and  (ii)  natural and synthetic hormones, lidocaine and
     9  plasma.
    10    (b) Injection therapy is limited to the following routes  of  adminis-
    11  tration:   intravenous, intramuscular, intra-articular, subcutaneous and
    12  intradermal.
    13    § 6854. Boundaries of professional competence. The  activities  encom-
    14  passed  within  the  definition of the practice of naturopathic medicine
    15  shall not include:
    16    1. administering or prescribing controlled substances;
    17    2. diagnostic and therapeutic methods  in  which  bone,  viscera,  the
    18  eyeball,  the  inner  ear,  the  dorsal body cavity, or the ventral body
    19  cavity is penetrated by a physical device;
    20    3. surgery as a medical procedure for structurally altering the  human
    21  body  by  cutting  into  live  human tissue for the purpose of localized
    22  alteration, transportation, or destruction of live  human  tissue  using
    23  ionizing  radiation or an instrument, such as a laser, scalpel or probe.
    24  Nothing in this delimitation of surgery shall preclude injection;
    25    4. administering  radiological  procedures  using  ionizing  radiation
    26  above background levels;
    27    5. administering or prescribing general or spinal anesthetic drugs;
    28    6.  obstetric services following detection of pregnancy through deliv-
    29  ery or termination, other than prenatal wellness care;
    30    7. acupuncture;
    31    8. setting fractures;
    32    9. treatment for malignancies other than ancillary therapies  provided
    33  in collaboration with an oncologist;
    34    10.  emergency  care  services  for treating injuries or trauma from a
    35  serious accident or a violent crime,  except  as  permitted  by  article
    36  thirty of the public health law; and
    37    11. marital and family therapy, psychoanalysis and creative arts ther-
    38  apy.
    39    §  6855.  State  board for naturopathic medicine. 1. A state board for
    40  naturopathic medicine shall be appointed by the board of regents on  the
    41  recommendation  of  the  commissioner  for  the purpose of assisting the
    42  board of regents and the department on matters of professional licensing
    43  and professional conduct in accordance with section  sixty-five  hundred
    44  eight  of  this title. The board shall be composed of two members of the
    45  public who are consumers of naturopathic medicine and  not  employed  by
    46  nor  practitioners  of  naturopathic  medicine  under  this article, two
    47  licensed physicians who are a doctor of medicine or a doctor of osteopa-
    48  thy, and not less than six persons   licensed under  this  article.    A
    49  naturopathic  doctor  member of the board shall have been licensed under
    50  this article for at least two years prior to being appointed, which  two
    51  year  license  requirement  is waived for the initial board and replaced
    52  with a requirement that the naturopathic doctor obtain a  license  under
    53  this article within one year of appointment or one year of the effective
    54  date  of  this  article,  whichever  comes later. The terms of the first
    55  appointed members shall be staggered so that  three  are  appointed  for
    56  three  years, three are appointed for four years, and four are appointed

        A. 4825--A                          5

     1  for five years. An executive secretary of the board shall  be  appointed
     2  by the board of regents on the recommendation of the commissioner.
     3    2. Examinations selected or prepared by the board pursuant to subdivi-
     4  sion two of section sixty-five hundred eight of this title shall conform
     5  whenever  possible  to  nationally recognized test development standards
     6  and test competencies for naturopathic medicine.
     7    § 6856. Qualifications for licensure. To  qualify  for  a  license  to
     8  practice  the  profession  of  naturopathic medicine, an applicant shall
     9  fulfill the following requirements:
    10    1. Application: file an application with the department;
    11    2. Education: have received an education, including a doctoral  degree
    12  in  naturopathic  medicine,  granted  on  the  basis  of completion of a
    13  program of naturopathic medicine registered with the department  or  the
    14  substantial  equivalent  thereof,  in accordance with the commissioner's
    15  regulations;
    16    3. Experience:  have satisfactorily completed a post-graduate residen-
    17  cy program of naturopathic medicine of at least twelve  months  duration
    18  approved  by  the department, or the substantial equivalent thereof, and
    19  in accordance with the commissioner's regulations;
    20    4. Examination: pass an examination satisfactory to the board  and  in
    21  accordance with the commissioner's regulations;
    22    5. Age: be at least twenty-one years of age;
    23    6. Character:  be of good moral character as determined by the depart-
    24  ment; and
    25    7. Fee: pay a fee of three hundred fifty dollars to the department for
    26  an  initial license and a fee of five hundred dollars for each triennial
    27  registration period.
    28    § 6857. Special provisions. 1. Post-effective date graduates. A person
    29  shall qualify for a license to practice the profession  of  naturopathic
    30  medicine without residency experience, provided that within ten years of
    31  the  effective  date  of  this  article,  the person meets the following
    32  requirements:
    33    a. as per section sixty-eight hundred  fifty-three  of  this  article,
    34  files  an application, meets the education, examination, age and charac-
    35  ter requirements, and pays the appropriate fees; and
    36    b.  establishes  proof  of  practice  by  (i)  providing  satisfactory
    37  evidence  of  practice of naturopathic medicine to the department of not
    38  less than three years during the five years preceding the filing of  the
    39  application,  or (ii) practicing under a limited permit in the state for
    40  at least two of the three years preceding the filing of the application.
    41    2. Pre-nineteen hundred eighty-eight graduates. A person shall qualify
    42  for a license to practice the profession of naturopathic medicine  with-
    43  out  residency experience or examination, provided that within ten years
    44  of the effective date of this article, the person  meets  the  following
    45  requirements:
    46    a.  as  per  section  sixty-eight hundred fifty-three of this article,
    47  files an application, meets the age and character requirements, and pays
    48  the appropriate fees; and
    49    b. has graduated prior to January first, nineteen hundred eighty-eight
    50  from a doctoral degree program of naturopathic  medical  education  from
    51  John  Bastyr  College  of  Naturopathic  Medicine,  later renamed Bastyr
    52  University, or National College of Naturopathic Medicine, later  renamed
    53  National University of Natural Medicine; and
    54    c.  establishes  proof  of  practice  by  (i)  providing  satisfactory
    55  evidence of practice of naturopathic medicine to the department  of  not
    56  less  than three years during the five years preceding the filing of the

        A. 4825--A                          6

     1  application, or (ii) practicing under a limited permit in the state  for
     2  at least two of the three years preceding the filing of the application.
     3    3.  Post-nineteen hundred eighty-seven pre-effective date graduates. A
     4  person shall qualify for a license to practice the profession of naturo-
     5  pathic medicine with or  without  residency  experience,  provided  that
     6  within ten years of the effective date of this article, the person meets
     7  the following requirements:
     8    a.  as  per  section  sixty-eight hundred fifty-three of this article,
     9  files an application, meets the age and character requirements, and pays
    10  the appropriate fees; and
    11    b. have graduated from  a  doctoral  degree  program  of  naturopathic
    12  medical  education  that at the time of graduation was accredited by the
    13  council on naturopathic medical education; and
    14    c. establish proof of practice by (i) having  successfully  completed,
    15  no  more than three years prior to filing the application, a post-gradu-
    16  ate residency program of naturopathic medicine of at least twelve months
    17  duration sponsored by an institution approved by the council on  naturo-
    18  pathic  medical  education to sponsor residency programs; (ii) providing
    19  satisfactory evidence  of  practice  of  naturopathic  medicine  to  the
    20  department  of not less than three years during the five years preceding
    21  the filing of the application;  or  (iii)  practicing  under  a  limited
    22  permit  in  the  state for at least two of the three years preceding the
    23  filing of the application; and
    24    d. have passed  the  naturopathic  physicians  licensing  examinations
    25  (NPLEX) administered by the North American board of naturopathic examin-
    26  ers.
    27    4.  The  "practice  of  naturopathic medicine" as used in this section
    28  includes the practice of naturopathy or naturopathic medicine in a state
    29  or territory of the United States, including New York state, or a  Cana-
    30  dian  province,  while maintaining a professional license in naturopathy
    31  or naturopathic medicine issued by the same or another state or territo-
    32  ry or a Canadian province; and includes practice  performed  before  and
    33  after the effective date of this article.
    34    § 6858. Exempt persons and exemptions. Nothing contained in this arti-
    35  cle shall be construed to affect or prevent the following:
    36    1.  The  practice,  conduct,  activities  or  services  of  any person
    37  licensed under this title performed incidental to the practice of his or
    38  her profession, provided, however, that no such person may use the title
    39  naturopathic  doctor  nor  use  the  words  "naturopathic  medicine"  to
    40  describe his or her services, unless licensed under this article.
    41    2.  A  student,  intern  or  resident from engaging in the practice of
    42  naturopathic medicine while participating in the education or experience
    43  requirements defined in subdivisions two and  three  of  section  sixty-
    44  eight hundred fifty-seven of this article.
    45    3. The practice of naturopathic medicine by a salaried employee of the
    46  government  of  the United States while the individual is engaged in the
    47  performance of duties prescribed by the  laws  and  regulations  of  the
    48  United States.
    49    4.  The  domestic  care of the sick, disabled or injured by any family
    50  member, household member or friend, or person employed  primarily  in  a
    51  domestic  capacity  who  does not hold himself or herself out, or accept
    52  employment as a person licensed to practice naturopathic medicine  under
    53  the provisions of this article.
    54    5.  The  care of the sick when done in connection with the practice of
    55  the religious tenets of any church.

        A. 4825--A                          7

     1    6. The marketing, sale or use of substances or devices governed by the
     2  Federal Food, Drug, and Cosmetic Act that do not require a  prescription
     3  from a qualified healthcare provider.
     4    7.  The  conduct,  activities,  or  services of individuals, churches,
     5  schools,  teachers,  organizations,  or  not-for-profit  businesses   in
     6  providing instruction, advice, support, encouragement, or information to
     7  individuals, families, and relational groups.
     8    8.  A person who does not hold himself or herself out to be a licensed
     9  naturopathic doctor form providing general non-medical  applications  of
    10  air, light, water, food and herbs to the body.
    11    §  6859. Limited residency permits. 1. Eligibility:  For issuance of a
    12  limited residency permit, the  applicant  shall  fulfill  the  following
    13  requirements:
    14    a.  Application: file an application with the department for a limited
    15  residency permit;
    16    b. Education: have received an education, including a doctoral  degree
    17  in  naturopathic  medicine,  granted  on  the  basis  of completion of a
    18  program of naturopathic medicine registered with the department  or  the
    19  substantial equivalent thereof;
    20    c.  Acceptance:  have  been  accepted  into  a post-graduate residency
    21  program of naturopathic medicine approved by the department;
    22    d. Character: be of good moral character as determined by the  depart-
    23  ment; and
    24    e. Age: be at least twenty-one years of age.
    25    2.  Limits of practice: All practices under a limited residency permit
    26  shall be limited to facilities encompassed by the post-graduate residen-
    27  cy program of the permit holder, such as  a  hospital,  an  incorporated
    28  hospital  or clinic, a licensed proprietary hospital, a licensed nursing
    29  home, a public health agency, a recognized public or  non-public  school
    30  setting,  the  office of a licensed naturopathic doctor, the office of a
    31  licensed physician, or in the civil service of the  state  or  political
    32  subdivision thereof.  Practice supervision of a permit holder's practice
    33  activities shall be direct supervision by a licensed naturopathic doctor
    34  or  a  licensed  physician  who  is  professionally  responsible for the
    35  performance of the procedure, and is capable of responding to a  request
    36  for assistance within a timeframe that poses no risk to the patient.
    37    3.  Duration:  A  limited residency permit shall be valid for one year
    38  and may be renewed at the discretion of the department  for  up  to  two
    39  years at the discretion of the department.
    40    4. Fee: The fee for each limited residency permit shall be one hundred
    41  dollars. The fee for each renewal shall be fifty dollars.
    42    §  6860.  Limited permits. 1.  Eligibility: A limited permit is issued
    43  for the purpose of permitting an applicant to establish proof  of  prac-
    44  tice  for  purposes  of meeting the requirements for licensure under the
    45  special provisions of section sixty-eight hundred  fifty-eight  of  this
    46  article.  For  issuance of a limited permit, the applicant shall fulfill
    47  the following requirements:
    48    a. Application: file an application with the department for a  limited
    49  permit within nine years of the effective date of this article;
    50    b.  Character: be of good moral character as determined by the depart-
    51  ment;
    52    c. Age: be at least twenty-one years of age; and
    53    d. Special provision applicability:
    54    (i) meet the education and examination requirements of section  sixty-
    55  eight hundred fifty-three of this article;

        A. 4825--A                          8

     1    (ii)  have  graduated prior to January first, nineteen hundred eighty-
     2  eight from a doctoral degree program of naturopathic  medical  education
     3  from  John Bastyr College of Naturopathic Medicine, later renamed Bastyr
     4  University, or National College of Naturopathic Medicine, later  renamed
     5  National University of Natural Medicine; or
     6    (iii)  have  graduated  from a doctoral degree program of naturopathic
     7  medical education that at the time of graduation was accredited  by  the
     8  council  on  naturopathic medical education, and have passed the naturo-
     9  pathic physicians licensing examinations  (NPLEX)  administered  by  the
    10  North American board of naturopathic examiners.
    11    2. Limit of practice: Such limited permit shall authorize the practice
    12  of  naturopathic medicine only under the supervision of a licensed natu-
    13  ropathic doctor or a licensed  physician.  Supervision  of  the  limited
    14  permit  holder's  practice  activities shall be on-site supervision by a
    15  licensed naturopathic doctor or a licensed physician.
    16    3. Duration: A limited permit shall be  valid  for  a  period  of  two
    17  years,  and may be renewed periodically at the discretion of the depart-
    18  ment for one year periods.
    19    4. Fee: The fee for each limited permit shall be two hundred  dollars.
    20  The fee for each renewal shall be one hundred dollars.
    21    § 6861. Mandatory continuing education. 1. a. Each naturopathic doctor
    22  licensed pursuant to this article, required to register triennially with
    23  the  department  to  practice  in  this  state  shall  comply  with  the
    24  provisions of the mandatory continuing education requirements prescribed
    25  in subdivision two of this section, except as provided in  paragraphs  b
    26  and  c  of this subdivision. Naturopathic doctors who do not satisfy the
    27  mandatory continuing education requirements  shall  not  practice  until
    28  they  have  met such requirements, and they have been issued a registra-
    29  tion certificate, except that a naturopathic doctor may practice without
    30  having met such requirements if he or she is issued a conditional regis-
    31  tration pursuant to subdivision three of this section.
    32    b. Naturopathic doctors shall be exempt from the mandatory  continuing
    33  education requirement for the triennial registration period during which
    34  they  are  first  licensed.  In  accord with the intent of this section,
    35  adjustments to the mandatory continuing education  requirements  may  be
    36  granted  by  the department for reasons of health certified by an appro-
    37  priate health care professional, for extended active duty with the armed
    38  forces of the United States, or for other good cause acceptable  to  the
    39  department, which may prevent compliance.
    40    c.  A  licensed  naturopathic doctor not engaged in professional prac-
    41  tice, as determined by the department, shall be exempt from the mandato-
    42  ry continuing education requirement upon the filing of a statement  with
    43  the  department  declaring  such status. Any licensee who returns to the
    44  practice of naturopathic  medicine  during  the  triennial  registration
    45  period  shall  notify  the department prior to reentering the profession
    46  and shall  meet  such  mandatory  education  requirements  as  shall  be
    47  prescribed by regulations of the commissioner.
    48    2.  During  each triennial registration period an applicant for regis-
    49  tration shall complete  sixty  hours  of  acceptable  formal  continuing
    50  education.  Any  licensed  naturopathic  doctor whose first registration
    51  date following the effective date of this section occurs less than three
    52  years from such effective  date,  shall  complete  continuing  education
    53  hours  on  a  prorated  basis  at the rate of one and one-half hours per
    54  month for the number of months between the effective date and the  first
    55  registration  date.    Thereafter,  a licensee who has not satisfied the
    56  mandatory continuing education requirements shall not be issued a trien-

        A. 4825--A                          9

     1  nial registration certificate by the department and shall  not  practice
     2  unless  and  until  a  conditional registration certificate is issued as
     3  provided in subdivision three of this  section.    Continuing  education
     4  hours  taken  during  one triennium may not be carried over or otherwise
     5  credited or transferred to a subsequent triennium.
     6    3. The department, in its discretion, may issue a  conditional  regis-
     7  tration  to  a  licensee  who  fails  to  meet  the continuing education
     8  requirements established in subdivision two  of  this  section  but  who
     9  agrees  to  make  up  any deficiencies and take any additional education
    10  which the department may require. The fee for such a conditional  regis-
    11  tration shall be the same as, and in addition to, the fee for the trien-
    12  nial  registration.  The duration of such conditional registration shall
    13  be determined by the department but  shall  not  exceed  one  year.  Any
    14  licensee  who  is  notified of the denial of registration for failure to
    15  complete the required continued education and who continues to  practice
    16  naturopathic  medicine  without  such  registration, shall be subject to
    17  disciplinary proceedings pursuant to section sixty-five hundred  ten  of
    18  this title.
    19    4. The mandatory continuing education fee shall be fifty dollars. Such
    20  fee shall be payable on or before the first day of each triennial regis-
    21  tration period in addition to the triennial registration fee required by
    22  section sixty-eight hundred fifty-six of this article.
    23    §  2. Subdivision (a) of section 1203 of the limited liability company
    24  law, as amended by chapter 475 of the laws of 2014, is amended  to  read
    25  as follows:
    26    (a)  Notwithstanding  the education law or any other provision of law,
    27  one or more professionals each of whom is authorized by law to render  a
    28  professional  service within the state, or one or more professionals, at
    29  least one of whom is authorized by law to render a professional  service
    30  within  the  state,  may  form,  or  cause  to be formed, a professional
    31  service limited liability company for pecuniary profit under this  arti-
    32  cle for the purpose of rendering the professional service or services as
    33  such  professionals  are  authorized  to  practice.    With respect to a
    34  professional service limited liability company formed to provide medical
    35  services as such services are defined in article 131  of  the  education
    36  law,  each  member  of  such  limited liability company must be licensed
    37  pursuant to article 131 of the education law  to  practice  medicine  in
    38  this  state.    With respect to a professional service limited liability
    39  company formed to provide naturopathic services  as  such  services  are
    40  defined in article 138 of the education law, each member of such limited
    41  liability company must be licensed pursuant to article 138 of the educa-
    42  tion  law  to  practice  naturopathy  in  this  state. With respect to a
    43  professional service limited liability company formed to provide  dental
    44  services  as  such  services are defined in article 133 of the education
    45  law, each member of such limited  liability  company  must  be  licensed
    46  pursuant  to  article  133 of the education law to practice dentistry in
    47  this state. With respect to a  professional  service  limited  liability
    48  company  formed  to  provide  veterinary  services  as such services are
    49  defined in article 135 of the education law, each member of such limited
    50  liability company must be licensed pursuant to article 135 of the educa-
    51  tion law to practice veterinary medicine in this state. With respect  to
    52  a  professional  service  limited  liability  company  formed to provide
    53  professional  engineering,  land  surveying,  architectural,   landscape
    54  architectural and/or geological services as such services are defined in
    55  article  145,  article  147  and  article 148 of the education law, each
    56  member of such limited liability company must be  licensed  pursuant  to

        A. 4825--A                         10

     1  article  145,  article  147  and/or  article 148 of the education law to
     2  practice one or more of such professions in this state. With respect  to
     3  a  professional  service  limited  liability  company  formed to provide
     4  licensed  clinical  social work services as such services are defined in
     5  article 154 of the education law, each member of such limited  liability
     6  company  shall  be licensed pursuant to article 154 of the education law
     7  to practice licensed clinical social work in this state. With respect to
     8  a professional service limited liability company formed to provide crea-
     9  tive arts therapy services as such services are defined in  article  163
    10  of the education law, each member of such limited liability company must
    11  be  licensed  pursuant  to  article 163 of the education law to practice
    12  creative arts therapy in this state.  With  respect  to  a  professional
    13  service  limited liability company formed to provide marriage and family
    14  therapy services as such services are defined  in  article  163  of  the
    15  education  law,  each  member  of such limited liability company must be
    16  licensed pursuant to article  163  of  the  education  law  to  practice
    17  marriage  and  family  therapy  in this state. With respect to a profes-
    18  sional service limited liability company formed to provide mental health
    19  counseling services as such services are defined in article 163  of  the
    20  education  law,  each  member  of such limited liability company must be
    21  licensed pursuant to article 163 of the education law to practice mental
    22  health counseling in this state. With respect to a professional  service
    23  limited  liability  company formed to provide psychoanalysis services as
    24  such services are defined in article 163  of  the  education  law,  each
    25  member  of  such  limited liability company must be licensed pursuant to
    26  article 163 of the education law  to  practice  psychoanalysis  in  this
    27  state.  With respect to a professional service limited liability company
    28  formed to provide applied behavior analysis services  as  such  services
    29  are  defined  in  article  167 of the education law, each member of such
    30  limited liability company must be  licensed  or  certified  pursuant  to
    31  article  167  of the education law to practice applied behavior analysis
    32  in  this  state.  In  addition  to  engaging  in  such   profession   or
    33  professions, a professional service limited liability company may engage
    34  in  any  other  business  or  activities as to which a limited liability
    35  company may be formed under section two hundred  one  of  this  chapter.
    36  Notwithstanding  any  other  provision  of  this section, a professional
    37  service limited liability company (i) authorized  to  practice  law  may
    38  only  engage  in  another  profession  or business or activities or (ii)
    39  which is engaged in a profession or other business or  activities  other
    40  than  law  may  only  engage  in  the practice of law, to the extent not
    41  prohibited by any other law of this state or any  rule  adopted  by  the
    42  appropriate  appellate  division  of  the  supreme court or the court of
    43  appeals.
    44    § 3. Subdivision (b) of section 1207 of the limited liability  company
    45  law,  as  amended by chapter 475 of the laws of 2014, is amended to read
    46  as follows:
    47    (b) With respect to a professional service limited  liability  company
    48  formed to provide medical services as such services are defined in arti-
    49  cle  131  of  the  education  law, each member of such limited liability
    50  company must be licensed pursuant to article 131 of the education law to
    51  practice medicine in this state.  With respect to a professional service
    52  limited liability company formed to  provide  naturopathic  services  as
    53  such  services  are  defined  in  article 138 of the education law, each
    54  member of such limited liability company must be  licensed  pursuant  to
    55  article  138 of the education law to practice naturopathy in this state.
    56  With respect to a professional service limited liability company  formed

        A. 4825--A                         11

     1  to  provide  dental services as such services are defined in article 133
     2  of the education law, each member of such limited liability company must
     3  be licensed pursuant to article 133 of the  education  law  to  practice
     4  dentistry  in this state. With respect to a professional service limited
     5  liability company formed to provide veterinary services as such services
     6  are defined in article 135 of the education law,  each  member  of  such
     7  limited  liability  company  must be licensed pursuant to article 135 of
     8  the education law to practice veterinary medicine in  this  state.  With
     9  respect  to  a  professional service limited liability company formed to
    10  provide professional engineering, land surveying,  architectural,  land-
    11  scape  architectural  and/or  geological  services  as such services are
    12  defined in article 145, article 147 and article  148  of  the  education
    13  law,  each  member  of  such  limited liability company must be licensed
    14  pursuant to article 145, article 147 and/or article 148 of the education
    15  law to practice one or more of such  professions  in  this  state.  With
    16  respect  to  a  professional service limited liability company formed to
    17  provide licensed clinical social work  services  as  such  services  are
    18  defined in article 154 of the education law, each member of such limited
    19  liability  company  shall  be  licensed  pursuant  to article 154 of the
    20  education law to practice licensed clinical social work in  this  state.
    21  With  respect to a professional service limited liability company formed
    22  to provide creative arts therapy services as such services  are  defined
    23  in article 163 of the education law, each member of such limited liabil-
    24  ity  company  must  be licensed pursuant to article 163 of the education
    25  law to practice creative arts therapy in this state. With respect  to  a
    26  professional   service  limited  liability  company  formed  to  provide
    27  marriage and family therapy services as such  services  are  defined  in
    28  article  163 of the education law, each member of such limited liability
    29  company must be licensed pursuant to article 163 of the education law to
    30  practice marriage and family therapy in this state. With  respect  to  a
    31  professional  service limited liability company formed to provide mental
    32  health counseling services as such services are defined in  article  163
    33  of the education law, each member of such limited liability company must
    34  be  licensed  pursuant  to  article 163 of the education law to practice
    35  mental health counseling in this state. With respect to  a  professional
    36  service  limited  liability  company  formed  to  provide psychoanalysis
    37  services as such services are defined in article 163  of  the  education
    38  law,  each  member  of  such  limited liability company must be licensed
    39  pursuant to article 163 of the education law to practice  psychoanalysis
    40  in  this state. With respect to a professional service limited liability
    41  company formed to provide applied behavior  analysis  services  as  such
    42  services are defined in article 167 of the education law, each member of
    43  such limited liability company must be licensed or certified pursuant to
    44  article  167  of the education law to practice applied behavior analysis
    45  in this state.
    46    § 4. Subdivision (a) of section 1301 of the limited liability  company
    47  law,  as  amended by chapter 475 of the laws of 2014, is amended to read
    48  as follows:
    49    (a) "Foreign professional service limited liability company"  means  a
    50  professional  service  limited liability company, whether or not denomi-
    51  nated as such, organized under the laws of  a  jurisdiction  other  than
    52  this state, (i) each of whose members and managers, if any, is a profes-
    53  sional  authorized  by  law to render a professional service within this
    54  state and who is or has been engaged in the practice of such  profession
    55  in  such professional service limited liability company or a predecessor
    56  entity, or will engage in the practice of such profession in the profes-

        A. 4825--A                         12

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

        A. 4825--A                         13

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

        A. 4825--A                         14

     1  analysis service in this state must be licensed or certified pursuant to
     2  article 167 of the education law to practice applied  behavior  analysis
     3  in this state.
     4    §  6.  Subdivision  (q) of section 121-1502 of the partnership law, as
     5  amended by chapter 475 of the laws  of  2014,  is  amended  to  read  as
     6  follows:
     7    (q)  Each  partner  of  a  foreign limited liability partnership which
     8  provides medical services in this state must  be  licensed  pursuant  to
     9  article  131  of the education law to practice medicine in the state and
    10  each partner of a foreign limited liability partnership  which  provides
    11  dental services in the state must be licensed pursuant to article 133 of
    12  the education law to practice dentistry in this state. Each partner of a
    13  foreign   limited  liability  partnership  which  provides  naturopathic
    14  services in this state must be licensed pursuant to article 138  of  the
    15  education  law  to practice naturopathy in this state. Each partner of a
    16  foreign limited liability partnership which provides veterinary  service
    17  in  the state shall be licensed pursuant to article 135 of the education
    18  law to practice veterinary medicine in this state.   Each partner  of  a
    19  foreign  limited liability partnership which provides professional engi-
    20  neering, land surveying, geological services, architectural and/or land-
    21  scape architectural services in this state must be licensed pursuant  to
    22  article  145,  article  147  and/or  article 148 of the education law to
    23  practice one or more of such professions.  Each  partner  of  a  foreign
    24  limited  liability  partnership  which provides licensed clinical social
    25  work services in this state must be licensed pursuant to article 154  of
    26  the  education  law  to  practice  licensed clinical social work in this
    27  state. Each partner of a foreign  limited  liability  partnership  which
    28  provides  creative  arts therapy services in this state must be licensed
    29  pursuant to article 163 of the education law to practice  creative  arts
    30  therapy in this state. Each partner of a foreign limited liability part-
    31  nership  which  provides  marriage  and  family therapy services in this
    32  state must be licensed pursuant to article 163 of the education  law  to
    33  practice  marriage  and  family therapy in this state. Each partner of a
    34  foreign limited liability partnership which provides mental health coun-
    35  seling services in this state must be licensed pursuant to  article  163
    36  of the education law to practice mental health counseling in this state.
    37  Each  partner  of a foreign limited liability partnership which provides
    38  psychoanalysis services in this state must be licensed pursuant to arti-
    39  cle 163 of the education law to practice psychoanalysis in  this  state.
    40  Each  partner  of a foreign limited liability partnership which provides
    41  applied behavior analysis services in this state  must  be  licensed  or
    42  certified  pursuant  to  article  167  of  the education law to practice
    43  applied behavior analysis in this state.
    44    § 7. Paragraph (a) of subdivision 1  of  section  413  of  the  social
    45  services  law,  as  amended  by section 7 of part C of chapter 57 of the
    46  laws of 2018, is amended to read as follows:
    47    (a) The following persons and officials  are  required  to  report  or
    48  cause  a  report to be made in accordance with this title when they have
    49  reasonable cause to suspect that a child coming  before  them  in  their
    50  professional  or  official capacity is an abused or maltreated child, or
    51  when they have reasonable cause to suspect that a child is an abused  or
    52  maltreated  child  where the parent, guardian, custodian or other person
    53  legally responsible for such child comes before them  in  their  profes-
    54  sional  or  official  capacity and states from personal knowledge facts,
    55  conditions or circumstances which, if correct, would render the child an
    56  abused or maltreated child: any physician; registered physician  assist-

        A. 4825--A                         15

     1  ant;  surgeon;  medical  examiner;  coroner;  dentist; dental hygienist;
     2  osteopath; optometrist; chiropractor; podiatrist;  naturopathic  doctor;
     3  resident;  intern;  psychologist; registered nurse; social worker; emer-
     4  gency  medical  technician;  licensed  creative arts therapist; licensed
     5  marriage  and  family  therapist;  licensed  mental  health   counselor;
     6  licensed  psychoanalyst;  licensed  behavior analyst; certified behavior
     7  analyst assistant; hospital personnel engaged in the admission, examina-
     8  tion, care or treatment of persons; a  Christian  Science  practitioner;
     9  school  official,  which  includes but is not limited to school teacher,
    10  school guidance counselor, school psychologist,  school  social  worker,
    11  school nurse, school administrator or other school personnel required to
    12  hold  a teaching or administrative license or certificate; full or part-
    13  time compensated school employee required to hold a  temporary  coaching
    14  license  or  professional  coaching certificate; social services worker;
    15  employee of a publicly-funded emergency shelter for families with  chil-
    16  dren;  director of a children's overnight camp, summer day camp or trav-
    17  eling summer day camp, as such camps are  defined  in  section  thirteen
    18  hundred  ninety-two  of  the  public health law; day care center worker;
    19  school-age child care worker; provider of family  or  group  family  day
    20  care;  employee or volunteer in a residential care facility for children
    21  that is licensed, certified or operated by the office  of  children  and
    22  family  services;  or any other child care or foster care worker; mental
    23  health professional; substance abuse  counselor;  alcoholism  counselor;
    24  all persons credentialed by the office of alcoholism and substance abuse
    25  services;  employees,  who  are expected to have regular and substantial
    26  contact with children, of a health home or health home  care  management
    27  agency contracting with a health home as designated by the department of
    28  health  and  authorized under section three hundred sixty-five-l of this
    29  chapter or such employees who provide home and community based  services
    30  under a demonstration program pursuant to section eleven hundred fifteen
    31  of  the federal social security act who are expected to have regular and
    32  substantial  contact  with  children;  peace  officer;  police  officer;
    33  district  attorney or assistant district attorney; investigator employed
    34  in the office of a district attorney; or other law enforcement official.
    35    § 8. Subdivision 6 of section 571 of the public health law, as amended
    36  by chapter 444 of the laws of 2013, is amended to read as follows:
    37    6. "Qualified health care professional" means  a  physician,  dentist,
    38  podiatrist, naturopathic doctor, optometrist performing a clinical labo-
    39  ratory test that does not use an invasive modality as defined in section
    40  seventy-one  hundred  one  of  the  education  law, physician assistant,
    41  specialist assistant, nurse practitioner, or midwife,  who  is  licensed
    42  and registered with the state education department.
    43    §  9.  Subdivision 1 of section 585 of the public health law, as added
    44  by chapter 803 of the laws of 1992, is amended to read as follows:
    45    1. "Health services purveyor" means  any  person,  firm,  partnership,
    46  group,  association,  corporation  or  professional  corporation, or any
    47  agent, employee, fiduciary, employer or representative thereof,  includ-
    48  ing  but  not  limited to a physician, dentist, podiatrist, naturopathic
    49  doctor or chiropractor, either in individual practice, group practice or
    50  employed in a facility owned by any person,  group,  association,  firm,
    51  partnership  or corporation hiring any of the aforementioned practition-
    52  ers, who provide health or health related services.
    53    § 10. Subdivision 4 of section 7605 of the education law,  as  amended
    54  by chapter 554 of the laws of 2013, is amended to read as follows:
    55    4.  The  practice,  conduct,  activities,  or  services  by any person
    56  licensed or otherwise authorized to practice  nursing  as  a  registered

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     1  professional  nurse  or  nurse practitioner within the state pursuant to
     2  article one hundred thirty-nine of this title, or by any person licensed
     3  to practice naturopathic medicine within the state pursuant  to  article
     4  one  hundred  thirty-eight  of  this  title or by any person licensed or
     5  otherwise authorized to practice social work within the  state  pursuant
     6  to  article  one  hundred  fifty-four  of  this  title, or by any person
     7  licensed or otherwise authorized to practice mental  health  counseling,
     8  marriage  and  family  therapy, creative arts therapy, or psychoanalysis
     9  within the state pursuant to article one  hundred  sixty-three  of  this
    10  title,  or  any  person  licensed  or  otherwise  authorized to practice
    11  applied behavior analysis within  the  state  pursuant  to  article  one
    12  hundred  sixty-seven of this title or any individual who is credentialed
    13  under any law, including attorneys, rape  crisis  counselors,  certified
    14  alcoholism  counselors,  and  certified  substance abuse counselors from
    15  providing mental health services  within  their  respective  established
    16  authorities.
    17    §  11.  Subdivision 1 of section 8410 of the education law, as amended
    18  by chapter 554 of the laws of 2013, is amended to read as follows:
    19    1. Apply to the practice, conduct, activities, services or use of  any
    20  title  by  any person licensed or otherwise authorized to practice medi-
    21  cine within the state pursuant to article one hundred thirty-one of this
    22  title or by any person registered to perform  services  as  a  physician
    23  assistant  within the state pursuant to article one hundred thirty-one-B
    24  of this title or by any person licensed or otherwise authorized to prac-
    25  tice psychology within  this  state  pursuant  to  article  one  hundred
    26  fifty-three of this title or by any person licensed or otherwise author-
    27  ized  to  practice social work within this state pursuant to article one
    28  hundred fifty-four of this title, or by any person licensed or otherwise
    29  authorized to practice naturopathic  medicine  care  within  this  state
    30  pursuant  to  article  one hundred thirty-eight of this title, or by any
    31  person licensed or otherwise authorized to practice nursing as a  regis-
    32  tered  professional nurse or nurse practitioner within this state pursu-
    33  ant to article one hundred thirty-nine of this title or  by  any  person
    34  licensed  or  otherwise authorized to practice applied behavior analysis
    35  within the state pursuant to article one  hundred  sixty-seven  of  this
    36  title;  provided,  however,  that  no  physician, physician's assistant,
    37  naturopathic doctor, registered professional nurse, nurse  practitioner,
    38  psychologist,  licensed  master  social worker, licensed clinical social
    39  worker, licensed behavior analyst or certified behavior analyst  assist-
    40  ant  may  use  the  titles "licensed mental health counselor", "licensed
    41  marriage and family therapist", "licensed creative arts  therapist",  or
    42  "licensed psychoanalyst", unless licensed under this article.
    43    §  12.  Subdivision 1 of section 7805 of the education law, as amended
    44  by chapter 230 of the laws of 1997, is amended to read as follows:
    45    1. The practice of massage therapy by any person who is authorized  to
    46  practice medicine, nursing, osteopathy, naturopathic medicine, physioth-
    47  erapy,  chiropractic,  or  podiatry in accordance with the provisions of
    48  this title.
    49    § 13. Subdivision 1 of section  579  of  the  public  health  law,  as
    50  amended  by  chapter  376  of  the  laws  of 2015, is amended to read as
    51  follows:
    52    1. This title is applicable to all  clinical  laboratories  and  blood
    53  banks operating within the state, except clinical laboratories and blood
    54  banks operated by the federal government and clinical laboratories oper-
    55  ated by a licensed physician, osteopath, dentist, midwife, nurse practi-
    56  tioner, naturopathic doctor solely as an adjunct to the treatment of his

        A. 4825--A                         17

     1  or  her  own patients, optometrist performing a clinical laboratory test
     2  that does not use an invasive modality as defined in section seventy-one
     3  hundred one of the education law or podiatrist who  performs  laboratory
     4  tests  or procedures, personally or through his or her employees, solely
     5  as an adjunct to the treatment of his or her own patients; to the extent
     6  authorized by federal and state law, including the education law.
     7    § 14. This act shall take effect on  the  five  hundred  fortieth  day
     8  after  it  shall have become a law. Effective immediately, the addition,
     9  amendment and/or repeal of any rule  or  regulation  necessary  for  the
    10  implementation  of  this  act on its effective date are authorized to be
    11  made and completed by the commissioner of education  and  the  board  of
    12  regents  on  or before such effective date, including appointment of the
    13  state board for naturopathic medicine.
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