Bill Text: NY S05264 | 2017-2018 | General Assembly | Introduced
Bill Title: Provides for the licensing of professional and clinical music therapists encompassing the assessment, evaluation, and the therapeutic intervention and treatment of mental, emotional, developmental and behavioral disorders through the use of music.
Spectrum: Slight Partisan Bill (Republican 3-1)
Status: (Introduced - Dead) 2018-01-03 - REFERRED TO HIGHER EDUCATION [S05264 Detail]
Download: New_York-2017-S05264-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 5264 2017-2018 Regular Sessions IN SENATE March 17, 2017 ___________ Introduced by Sen. FUNKE -- read twice and ordered printed, and when printed to be committed to the Committee on Higher Education AN ACT to amend the education law, the county law, the limited liability company law and the partnership law, in relation to the licensing of professional and clinical music therapists The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The education law is amended by adding a new article 163-A 2 to read as follows: 3 ARTICLE 163-A 4 MUSIC THERAPY 5 Section 8450. Introduction. 6 8451. Definitions. 7 8452. Authorized practice and the use of the titles "licensed 8 professional music therapist" and "licensed clinical 9 music therapist". 10 8453. State board for music therapy. 11 8454. Requirements for a license. 12 8455. Limited permits. 13 8456. Exemptions. 14 8457. Special provisions. 15 8458. Boundaries of professional competency. 16 8459. Mandatory continuing competency. 17 § 8450. Introduction. This article applies to the profession and prac- 18 tice of music therapy, and to the use of the titles "licensed profes- 19 sional music therapist" and "licensed clinical music therapist". The 20 general provisions for all professions contained in article one hundred 21 thirty of this title apply to this article. 22 § 8451. Definitions. 1. (a) The practice of licensed professional 23 music therapy shall mean the clinical and evidence-based use of music 24 interventions to accomplish individualized goals for people of all ages EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD10180-02-7S. 5264 2 1 and ability levels within a therapeutic relationship, through the devel- 2 opment of music therapy treatment plans specific to the needs and 3 strengths of the client who may be seen individually and/or in groups. 4 (b) A licensed professional music therapist uses interventions that 5 may include music improvisation, receptive music listening, song writ- 6 ing, lyric discussion, music and imagery, singing, music performance, 7 learning through music, music combined with other arts, music-assisted 8 relaxation, music-based education, electronic music technology, adapted 9 music interventions and movement to music. 10 (c) The practice of licensed professional music therapy does not 11 include the diagnosis or assessment of any physical, mental, or communi- 12 cation disorder. 13 2. (a) The practice of licensed clinical music therapy encompasses the 14 scope of practice of licensed professional music therapy and, in addi- 15 tion, includes the assessment, evaluation, and the therapeutic inter- 16 vention and treatment, which may be either primary, parallel or adjunc- 17 tive, of mental, emotional, developmental and behavioral disorders 18 through the use of music as approved by the department. 19 (b) Licensed clinical music therapists use assessment instruments and 20 mental health counseling and psychotherapy to identify, evaluate and 21 treat dysfunctions and disorders for purposes of providing appropriate 22 clinical music therapy services. 23 3. Psychotherapy means the treatment of mental, nervous, emotional, 24 behavioral and addictive disorders, and ailments by the use of both 25 verbal and behavioral methods of intervention in interpersonal relation- 26 ships with the intent of assisting the persons to modify attitudes, 27 thinking, effect, and behavior which are intellectually, socially and 28 emotionally maladaptive. 29 § 8452. Authorized practice and the use of the titles "licensed 30 professional music therapist" and "licensed clinical music therapist". 31 1. (a) Only a person licensed or exempt under this article shall prac- 32 tice "licensed professional music therapy" as defined in subdivision one 33 of section eighty-four hundred fifty-one of this article. 34 (b) Only a person licensed pursuant to subdivision one of section 35 eighty-four hundred fifty-four of this article shall use the title 36 "licensed professional music therapist" or the designation "LPMT". 37 2. (a) Only a person licensed or exempt under this article shall prac- 38 tice "licensed clinical music therapy" as defined in subdivision two of 39 section eighty-four hundred fifty-one of this article. 40 (b) Only a person licensed pursuant to subdivision two of section 41 eighty-four hundred fifty-four of this article shall use the title 42 "licensed clinical music therapist" or the designation "LCMT". 43 § 8453. State board for music therapy. A state board for music therapy 44 "the board", shall be appointed by the board of regents on recommenda- 45 tion of the commissioner for the purpose of assisting the board of 46 regents and the department on matters of professional licensing, prac- 47 tice, and conduct in accordance with section sixty-five hundred eight of 48 this title. The board shall be composed of not less than twelve members, 49 of which five shall be licensed professional music therapists, five 50 shall be licensed clinical music therapists, and two shall be members of 51 the public. Members of the first board need not be licensed prior to 52 their appointment to the board. The terms of the first appointed members 53 shall be staggered so that four are appointed for three years, four are 54 appointed for four years, and four are appointed for five years. An 55 executive secretary to the board shall be appointed by the board ofS. 5264 3 1 regents on recommendation of the commissioner and shall be licensed 2 pursuant to this article. 3 § 8454. Requirements for a license. 1. To qualify for a license as a 4 "licensed professional music therapist," an applicant shall fulfill the 5 following requirements: 6 (a) Application: file an application with the department; 7 (b) Education: have received an education, including a baccalaureate 8 degree in music therapy from a program registered by the department or 9 determined by the department to be the substantial equivalent thereof, 10 in accordance with the commissioner's regulations; 11 (c) Experience: have completed at least twelve hundred hours of super- 12 vised clinical training experience in music therapy, with not less than 13 one hundred eighty hours of pre-internship experience and not less than 14 nine hundred hours of internship experience, satisfactory to the depart- 15 ment and in accordance with the commissioner's regulations; 16 (d) Examination: provide proof of passing a national board certif- 17 ication examination or provide proof of being transitioned into a 18 national board certification credential, satisfactory to the board and 19 in accordance with the commissioner's regulations, currently available 20 to music therapists who have met the education and clinical training 21 standards of the profession; 22 (e) Age: be at least twenty-one years of age; 23 (f) Character: be of good moral character as determined by the depart- 24 ment; and 25 (g) Fees: pay a fee of one hundred seventy-five dollars for an initial 26 license and a fee of one hundred seventy dollars for each triennial 27 registration period. 28 2. To qualify for a license as a "licensed clinical music therapist," 29 an applicant shall fulfill the following requirements: 30 (a) Application: file an application with the department; 31 (b) Education: have received an education, including a master's degree 32 or higher in music therapy or a related field from a program registered 33 by the department or determined by the department to be the substantial 34 equivalent thereof, in accordance with the commissioner's regulations. 35 The graduate coursework shall include, but not be limited to, the 36 following areas: 37 (i) human growth and development; 38 (ii) theories in music therapy; 39 (iii) group dynamics; 40 (iv) assessment and appraisal of individuals and groups; 41 (v) research and program evaluation; 42 (vi) professional orientation and ethics; 43 (vii) foundations of music therapy and psychopathology; 44 (viii) clinical instruction; 45 (c) Experience: have completed at least fifteen hundred hours of post- 46 master's supervised experience in music therapy satisfactory to the 47 department and in accordance with the commissioner's regulations. Satis- 48 factory experience obtained in an entity operating under a waiver issued 49 by the department pursuant to section sixty-five hundred three-a of this 50 title may be accepted by the department, notwithstanding that such expe- 51 rience may have been obtained prior to the effective date of such 52 section and/or prior to the entity having obtained a waiver. The 53 department may, for good cause shown, accept satisfactory experience 54 that was obtained in a setting that would have been eligible for a waiv- 55 er but which has not obtained a waiver from the department or experience 56 that was obtained in good faith by the applicant under the belief thatS. 5264 4 1 appropriate authorization had been obtained for the experience, provided 2 that such experience meets all other requirements for acceptable experi- 3 ence; 4 (d) Examination: provide proof of passing a national board certif- 5 ication examination or provide proof of being transitioned into a 6 national board certification credential, satisfactory to the board and 7 in accordance with the commissioner's regulations, currently available 8 to music therapists who have met the education and clinical training 9 standards of the profession; 10 (e) Age: be at least twenty-one years of age; 11 (f) Character: be of good moral character as determined by the depart- 12 ment; and 13 (g) Fees: pay a fee of one hundred seventy-five dollars for an initial 14 license and a fee of one hundred seventy dollars for each triennial 15 registration period. 16 § 8455. Limited permits. 1. On recommendation of the board, the 17 department may issue a limited permit to practice licensed professional 18 music therapy and use the title licensed professional music therapist, 19 or to practice licensed clinical music therapy and use the title 20 licensed clinical music therapist to an applicant who has met all 21 requirements for licensure as a licensed professional music therapist or 22 licensed clinical music therapist except those relating to the examina- 23 tion and provided that the individual is under the general supervision 24 of a professional supervisor, as determined by the department. This 25 limited permit shall be valid for a period of not more than twenty-four 26 months; such limited permits may be renewed, at the discretion of the 27 department, for up to two additional one-year periods. 28 2. The fee for each limited permit shall be seventy dollars. 29 § 8456. Exemptions. Nothing contained in this article shall be 30 construed to: 31 1. Apply to the practice, conduct, activities, services or use of any 32 title by any person licensed or otherwise authorized to practice medi- 33 cine within the state pursuant to article one hundred thirty-one of this 34 title or by any person registered to perform services as a physician 35 assistant within the state pursuant to article one hundred thirty-one-B 36 of this title or by any person licensed or otherwise authorized to prac- 37 tice psychology within this state pursuant to article one hundred 38 fifty-three of this title or by any person licensed or otherwise author- 39 ized to practice social work within this state pursuant to article one 40 hundred fifty-four of this title, or by any person licensed or otherwise 41 authorized to practice nursing as a registered professional nurse or 42 nurse practitioner within this state pursuant to article one hundred 43 thirty-nine of this title or by any person licensed or otherwise author- 44 ized to practice applied behavior analysis within the state pursuant to 45 article one hundred sixty-seven of this title, or by any person licensed 46 or otherwise authorized to practice mental health counseling, marriage 47 and family therapy, creative arts therapy, or psychoanalysis within the 48 state pursuant to article one hundred sixty-three of this title; 49 provided, however, that no physician, physician's assistant, registered 50 professional nurse, nurse practitioner, psychologist, licensed master 51 social worker, licensed clinical social worker, licensed behavior 52 analyst, certified behavior analyst assistant, licensed mental health 53 counselor, licensed marriage and family therapist, licensed creative 54 arts therapist, or licensed psychoanalyst may use the titles "licensed 55 professional music therapist," or "licensed clinical music therapist," 56 unless licensed under this article.S. 5264 5 1 2. Prohibit or limit any individual who is credentialed under any law, 2 including attorneys, rape crisis counselors, certified alcoholism coun- 3 selors and certified substance abuse counselors from providing mental 4 health services within their respective established authorities. 5 3. Prohibit or limit the practice of a profession licensed pursuant to 6 this article by a student, intern or resident in, and as part of, a 7 supervised educational program in an institution approved by the depart- 8 ment. 9 4. Prohibit or limit the provision of pastoral counseling services by 10 any member of the clergy or Christian Science practitioner, within the 11 context of his or her ministerial charge or obligation. 12 5. Prohibit or limit individuals, churches, schools, teachers, organ- 13 izations, or not-for-profit businesses, from providing instruction, 14 advice, support, encouragement, or information to individuals, families, 15 and relational groups. 16 6. Prohibit or limit an occupational therapist from performing work 17 consistent with article one hundred fifty-six of this title. 18 7. Prohibit or limit any individual whose training and national 19 certification attests to the individual's preparation and ability to 20 practice his or her certified profession or occupation, if that person 21 does not represent himself or herself as a licensed professional music 22 therapist or licensed clinical music therapist. 23 § 8457. Special provisions. 1. This section shall apply to all 24 professions licensed pursuant to this article, unless otherwise 25 provided. 26 2. Any nonexempt person practicing a profession to be licensed pursu- 27 ant to this article shall apply for a license under this article within 28 one year of the effective date of this article. If such person does not 29 meet the requirements for a license established within this article, 30 such person may meet alternative criteria determined by the department 31 to be the substantial equivalent of such criteria. 32 3. Any person who holds an active board certification credential in 33 music therapy from a national certification body having certification 34 standards acceptable to the commissioner shall be licensed as a licensed 35 professional music therapist on the effective date of this section with- 36 out meeting any additional education, experience, or examination 37 requirements. 38 4. Any person who holds an active board certification credential in 39 music therapy from a national certification body having certification 40 standards acceptable to the commissioner and a master's degree in music 41 therapy or a related field shall be licensed as a licensed clinical 42 music therapist on the effective date of this section without meeting 43 any additional education, experience, or examination requirements. 44 5. Any person who is licensed as a creative arts therapist and who 45 possesses a minimum of a bachelor's degree in music therapy or its 46 equivalent on the effective date of this section shall be licensed as a 47 licensed clinical music therapist without meeting any additional educa- 48 tion, experience, or examination requirements. 49 6. Any person who possesses a minimum of a baccalaureate degree in 50 music therapy on the effective date of this section, who has ten years 51 of post-graduate music therapy employment and holds an active board 52 certification credential in music therapy from a national certification 53 body or holds an active certification or registration in music therapy 54 from a national certifying or registering body having certification or 55 registration standards acceptable to the commissioner, and meets the 56 requirements for a license pursuant to this article, except for examina-S. 5264 6 1 tion, and who files with the department within one year of the effective 2 date of this section, shall be licensed as a licensed clinical music 3 therapist. 4 7. Any person who possesses a master's degree in music therapy or a 5 related field on the effective date of this section, who has five years 6 of post-graduate music therapy employment and holds an active board 7 certification credential in music therapy from a national certification 8 body or holds an active certification or registration in music therapy 9 from a national certifying or registering body having certification or 10 registration standards acceptable to the commissioner, and meets the 11 requirements for a license pursuant to this article, except for examina- 12 tion, and who files with the department within one year of the effective 13 date of this section, shall be licensed as a licensed clinical music 14 therapist. 15 8. Any person licensed pursuant to this article may use accepted clas- 16 sifications of signs, symptoms, dysfunctions and disorders, as approved 17 in accordance with regulations promulgated by the department, in the 18 practice of such licensed profession. 19 § 8458. Boundaries of professional competency. 1. It shall be deemed 20 practicing outside the boundaries of his or her professional competence 21 for a person licensed pursuant to this article, in the case of treatment 22 of any serious mental illness, to provide any mental health service for 23 such illness on a continuous and sustained basis without a medical eval- 24 uation of the illness by, and in consultation with, a physician regard- 25 ing such illness. Such medical evaluation and consultation shall be to 26 determine and advise whether any medical care is indicated for such 27 illness. For purposes of this section, "serious mental illness" means 28 schizophrenia, schizoaffective disorder, bipolar disorder, major depres- 29 sive disorder, panic disorder, obsessive-compulsive disorder, atten- 30 tion-deficit hyperactivity disorder and autism spectrum disorder. 31 2. Any individual whose license or authority to practice derives from 32 the provisions of this article shall be prohibited from: 33 (a) prescribing or administering drugs as defined in this chapter as a 34 treatment, therapy, or professional service in the practice of his or 35 her profession; or 36 (b) using invasive procedures as a treatment, therapy, or professional 37 service in the practice of his or her profession. For purposes of this 38 subdivision, "invasive procedure" means any procedure in which human 39 tissue is cut, altered, or otherwise infiltrated by mechanical or other 40 means. Invasive procedure includes surgery, lasers, ionizing radiation, 41 therapeutic ultrasound, or electroconvulsive therapy. 42 § 8459. Mandatory continuing competency. 1. (a) Each licensed profes- 43 sional music therapist or licensed clinical music therapist shall regis- 44 ter triennially with the department to practice in the state and must 45 comply with the provisions of the mandatory continuing competency 46 requirements prescribed in this section, except as provided in para- 47 graphs (b) and (c) of this subdivision. Those who do not satisfy the 48 mandatory continuing competency requirements shall not be authorized to 49 practice until they have met such requirements, and they have been 50 issued a registration certificate, except that a person may practice 51 without having met such requirements if he or she is issued a condi- 52 tional registration pursuant to subdivision four of this section. 53 (b) Each licensed professional music therapist or licensed clinical 54 music therapist shall be exempt from the mandatory continuing competency 55 requirement for the triennial registration period during which they are 56 first licensed. Adjustment to the mandatory continuing competencyS. 5264 7 1 requirements may be granted by the department for reasons of health of 2 the licensee where certified by an appropriate health care professional, 3 for extended active duty with the armed forces of the United States, or 4 for other good cause acceptable to the department which may prevent 5 compliance. 6 (c) A licensed professional music therapist or licensed clinical music 7 therapist not engaged in practice, as determined by the department, 8 shall be exempt from the mandatory continuing competency requirement 9 upon the filing of a statement with the department declaring such 10 status. Any licensee who returns to the practice of music therapy during 11 the triennial registration period shall notify the department prior to 12 reentering the profession and shall meet such mandatory continuing 13 competency requirements as shall be prescribed by regulations of the 14 commissioner. 15 2. At the end of each triennial registration period, an applicant for 16 re-registration as a licensed professional music therapist or licensed 17 clinical music therapist must provide proof of holding an active board 18 certification credential in music therapy from a national certification 19 body having certification standards acceptable to the commissioner. 20 3. (a) During each triennial registration period an applicant for 21 registration as a licensed professional music therapist or licensed 22 clinical music therapist shall complete a minimum of thirty-six hours of 23 acceptable learning activities which contribute to continuing compe- 24 tence, as specified in subdivision four of this section. A maximum of 25 twelve hours of the thirty-six hours may be self-instructional course- 26 work acceptable to the department. At least twenty-four hours of the 27 thirty-six hours shall be in areas of study pertinent to the scope of 28 practice of music therapy. With the exception of continuing education 29 hours taken during the registration period immediately preceding the 30 effective date of this section, continuing education hours taken during 31 one triennium may not be transferred to a subsequent triennium. 32 (b) Thereafter, a licensee who has not satisfied the mandatory contin- 33 uing competency requirements shall not be issued a triennial registra- 34 tion certificate by the department and shall not practice unless and 35 until a conditional registration certificate is issued as provided for 36 in subdivision four of this section. 37 4. The department, in its discretion, may issue a conditional regis- 38 tration to a licensee who fails to meet the continuing competency 39 requirements established in subdivision three of this section, but who 40 agrees to make up any deficiencies and complete any additional learning 41 activities which the department may require. The fee for such a condi- 42 tional registration shall be the same as, and in addition to, the fee 43 for the triennial registration. The duration of such conditional regis- 44 tration shall be determined by the department but shall not exceed one 45 year. Any licensee who is notified of the denial of registration for 46 failure to submit evidence, satisfactory to the department, of required 47 continuing competency learning activities and who practices without such 48 registration may be subject to disciplinary proceedings pursuant to 49 section sixty-five hundred ten of this title. 50 5. As used in subdivision three of this section, "acceptable learning 51 activities" shall mean activities which contribute to professional prac- 52 tice in music therapy, and which meet the standards prescribed in the 53 regulations of the commissioner. Such learning activities shall include, 54 but not be limited to, collegiate level credit and non-credit courses, 55 self-study activities, independent study, formal mentoring activities, 56 professional development programs and technical sessions, publicationsS. 5264 8 1 in professional journals and professional development programs; such 2 learning activities may be offered and sponsored by national, state, 3 regional, and local professional associations and other organizations or 4 parties acceptable to the department, and any other organized educa- 5 tional and technical learning activities acceptable to the department. 6 Providers (other than those indicated below as exempt from the approval 7 process) must submit an application to the state board for music thera- 8 py. Types of approved providers include: 9 (a) any higher education institution that offers programs that are 10 registered in New York state as leading to licensure in music therapy; 11 (b) a national, regional, state, or local sponsor or provider of 12 coursework or training that is approved by the American Music Therapy 13 Association (AMTA) or the Certification Board for Music Therapists, Inc. 14 (CBMT); postsecondary institutions, or a consortium of such insti- 15 tutions, that offer programs that are registered as leading to either 16 licensure in music therapy or authorization to practice as a music ther- 17 apist, or equivalent professional education programs accredited by an 18 acceptable accrediting agency, for credit and non-credit offerings; 19 (c) an entity, hospital or health facility defined in section two 20 thousand eight hundred one of the public health law; 21 (d) or an equivalent organization as determined by the department. 22 Organizations that fall under the first three paragraphs listed above do 23 not have to submit a fee or an application for approval as a provider of 24 continuing education for music therapists. However, they must register 25 with the state board for music therapy by completing an approved provid- 26 er registration form. Educational institutions which provide education 27 as part of a licensure qualifying program or sponsors who have had their 28 course approved by the Certification Board for Music Therapists, Inc. 29 (CBMT) do not need to submit an application. Courses approved by the 30 CBMT automatically qualify for approval in New York state. The depart- 31 ment may, in its discretion and as needed to contribute to the health 32 and welfare of the public, require the completion of continuing compe- 33 tency learning activities in specific subjects to fulfill this mandatory 34 continuing competency requirement. Learning activities must be taken 35 from a sponsor approved by the department, pursuant to the regulations 36 of the commissioner. 37 6. A licensed professional music therapist or licensed clinical music 38 therapist shall maintain adequate documentation of completion of accept- 39 able continuing competency activities and shall provide such documenta- 40 tion at the request of the department. Failure to provide such documen- 41 tation upon request of the department shall be an act of misconduct 42 subject to the disciplinary proceedings pursuant to section sixty-five 43 hundred ten of this title. 44 7. The mandatory continuing competency fee shall be forty-five 45 dollars, payable on or before the first day of each triennial registra- 46 tion period, and shall be paid in addition to the triennial registration 47 fee. 48 § 2. Subdivision 13 of section 700 of the county law, as added by 49 chapter 358 of the laws of 2012, is amended to read as follows: 50 13. In order to provide services to crime victims, witnesses, and 51 other persons involved in the criminal justice system, and to support 52 crime prevention programs, the district attorney may employ or contract 53 with persons licensed and registered to practice or otherwise authorized 54 under article one hundred fifty-three, one hundred fifty-four, [or] one 55 hundred sixty-three, or one hundred sixty-three-A of the education law, 56 or contract with entities authorized to provide the services specifiedS. 5264 9 1 in such articles, in connection with the provision of any services that 2 such persons or entities are authorized to provide and that are author- 3 ized by the district attorney. 4 § 3. Subparagraph (i) of paragraph a and paragraph d of subdivision 1 5 of section 6503-a of the education law, subparagraph (i) of paragraph a 6 as amended by chapter 554 of the laws of 2013, and paragraph d as added 7 by chapter 130 of the laws of 2010, are amended to read as follows: 8 (i) services provided under article one hundred fifty-four, one 9 hundred sixty-three, one hundred sixty-three-A, or one hundred sixty- 10 seven of this title for which licensure would be required, or 11 d. Such waiver shall provide that services rendered pursuant to this 12 section, directly or indirectly, shall be provided only by a person 13 appropriately licensed to provide such services pursuant to article one 14 hundred thirty-one, one hundred thirty-nine, one hundred fifty-three, 15 one hundred fifty-four, [or] one hundred sixty-three, or one hundred 16 sixty-three-A of this title, or by a person otherwise authorized to 17 provide such services under such articles, or by a professional entity 18 authorized by law to provide such services. 19 § 4. Paragraph c of subdivision 2 of section 6503-a of the education 20 law, as added by chapter 130 of the laws of 2010, is amended to read as 21 follows: 22 c. an institution of higher education authorized to provide a program 23 leading to licensure in a profession defined under article one hundred 24 thirty-one, one hundred thirty-nine, one hundred fifty-three, one 25 hundred fifty-four [or] one hundred sixty-three, or one hundred sixty- 26 three-A of this title, to the extent that the scope of such services is 27 limited to the services authorized to be provided within such registered 28 program; or 29 § 5. Subdivision 4 of section 7605 of the education law, as amended by 30 chapter 554 of the laws of 2013, is amended to read as follows: 31 4. The practice, conduct, activities, or services by any person 32 licensed or otherwise authorized to practice nursing as a registered 33 professional nurse or nurse practitioner within the state pursuant to 34 article one hundred thirty-nine of this title or by any person licensed 35 or otherwise authorized to practice social work within the state pursu- 36 ant to article one hundred fifty-four of this title, or by any person 37 licensed or otherwise authorized to practice mental health counseling, 38 marriage and family therapy, creative arts therapy, or psychoanalysis 39 within the state pursuant to article one hundred sixty-three of this 40 title, or by any person licensed or otherwise authorized to practice 41 music therapy within the state pursuant to article one hundred sixty- 42 three-A of this title, or any person licensed or otherwise authorized to 43 practice applied behavior analysis within the state pursuant to article 44 one hundred sixty-seven of this title or any individual who is creden- 45 tialed under any law, including attorneys, rape crisis counselors, 46 certified alcoholism counselors, and certified substance abuse counse- 47 lors from providing mental health services within their respective 48 established authorities. 49 § 6. Subdivision 1 of section 7706 of the education law, as amended by 50 chapter 554 of the laws of 2013, is amended to read as follows: 51 1. Apply to the practice, conduct, activities, services or use of any 52 title by any person licensed or otherwise authorized to practice medi- 53 cine within the state pursuant to article one hundred thirty-one of this 54 title or by any person registered to perform services as a physician 55 assistant within the state pursuant to article one hundred thirty-one-B 56 of this title or by any person licensed or otherwise authorized to prac-S. 5264 10 1 tice psychology within this state pursuant to article one hundred 2 fifty-three of this title or by any person licensed or otherwise author- 3 ized to practice nursing as a registered professional nurse or nurse 4 practitioner within this state pursuant to article one hundred thirty- 5 nine of this title or by any person licensed or otherwise authorized to 6 practice occupational therapy within this state pursuant to article one 7 hundred fifty-six of this title or by any person licensed or otherwise 8 authorized to practice mental health counseling, marriage and family 9 therapy, creative arts therapy, or psychoanalysis within the state 10 pursuant to article one hundred sixty-three of this title, or by any 11 person licensed or otherwise authorized to practice music therapy within 12 the state pursuant to article one hundred sixty-three-A of this title, 13 or by any person licensed or otherwise authorized to practice applied 14 behavior analysis within the state pursuant to article one hundred 15 sixty-seven of this title; provided, however, that no physician, physi- 16 cian assistant, registered professional nurse, nurse practitioner, 17 psychologist, occupational therapist, licensed mental health counselor, 18 licensed marriage and family therapist, licensed creative arts thera- 19 pist, licensed psychoanalyst, licensed professional music therapist, 20 licensed clinical music therapist, licensed behavior analyst or certi- 21 fied behavior analyst assistant may use the titles "licensed clinical 22 social worker" or "licensed master social worker", unless licensed under 23 this article. 24 § 7. Subdivision 1 of section 8410 of the education law, as amended by 25 chapter 554 of the laws of 2013, is amended to read as follows: 26 1. Apply to the practice, conduct, activities, services or use of any 27 title by any person licensed or otherwise authorized to practice medi- 28 cine within the state pursuant to article one hundred thirty-one of this 29 title or by any person registered to perform services as a physician 30 assistant within the state pursuant to article one hundred thirty-one-B 31 of this title or by any person licensed or otherwise authorized to prac- 32 tice psychology within this state pursuant to article one hundred 33 fifty-three of this title or by any person licensed or otherwise author- 34 ized to practice social work within this state pursuant to article one 35 hundred fifty-four of this title, or by any person licensed or otherwise 36 authorized to practice nursing as a registered professional nurse or 37 nurse practitioner within this state pursuant to article one hundred 38 thirty-nine of this title or by any person licensed or otherwise author- 39 ized to practice applied behavior analysis within the state pursuant to 40 article one hundred sixty-seven of this title or by any person licensed 41 or otherwise authorized to practice music therapy within this state 42 pursuant to article one hundred sixty-three-A of this title; provided, 43 however, that no physician, physician's assistant, registered profes- 44 sional nurse, nurse practitioner, psychologist, licensed master social 45 worker, licensed clinical social worker, licensed behavior analyst [or], 46 certified behavior analyst assistant, licensed professional music thera- 47 pist, or licensed clinical music therapist may use the titles "licensed 48 mental health counselor", "licensed marriage and family therapist", 49 "licensed creative arts therapist", or "licensed psychoanalyst", unless 50 licensed under this article. 51 § 8. Subdivision (a) of section 1203 of the limited liability company 52 law, as amended by chapter 475 of the laws of 2014, is amended to read 53 as follows: 54 (a) Notwithstanding the education law or any other provision of law, 55 one or more professionals each of whom is authorized by law to render a 56 professional service within the state, or one or more professionals, atS. 5264 11 1 least one of whom is authorized by law to render a professional service 2 within the state, may form, or cause to be formed, a professional 3 service limited liability company for pecuniary profit under this arti- 4 cle for the purpose of rendering the professional service or services as 5 such professionals are authorized to practice. With respect to a profes- 6 sional service limited liability company formed to provide medical 7 services as such services are defined in article 131 of the education 8 law, each member of such limited liability company must be licensed 9 pursuant to article 131 of the education law to practice medicine in 10 this state. With respect to a professional service limited liability 11 company formed to provide dental services as such services are defined 12 in article 133 of the education law, each member of such limited liabil- 13 ity company must be licensed pursuant to article 133 of the education 14 law to practice dentistry in this state. With respect to a professional 15 service limited liability company formed to provide veterinary services 16 as such services are defined in article 135 of the education law, each 17 member of such limited liability company must be licensed pursuant to 18 article 135 of the education law to practice veterinary medicine in this 19 state. With respect to a professional service limited liability company 20 formed to provide professional engineering, land surveying, architec- 21 tural, landscape architectural and/or geological services as such 22 services are defined in article 145, article 147 and article 148 of the 23 education law, each member of such limited liability company must be 24 licensed pursuant to article 145, article 147 and/or article 148 of the 25 education law to practice one or more of such professions in this state. 26 With respect to a professional service limited liability company formed 27 to provide licensed clinical social work services as such services are 28 defined in article 154 of the education law, each member of such limited 29 liability company shall be licensed pursuant to article 154 of the 30 education law to practice licensed clinical social work in this state. 31 With respect to a professional service limited liability company formed 32 to provide creative arts therapy services as such services are defined 33 in article 163 of the education law, each member of such limited liabil- 34 ity company must be licensed pursuant to article 163 of the education 35 law to practice creative arts therapy in this state. With respect to a 36 professional service limited liability company formed to provide 37 marriage and family therapy services as such services are defined in 38 article 163 of the education law, each member of such limited liability 39 company must be licensed pursuant to article 163 of the education law to 40 practice marriage and family therapy in this state. With respect to a 41 professional service limited liability company formed to provide mental 42 health counseling services as such services are defined in article 163 43 of the education law, each member of such limited liability company must 44 be licensed pursuant to article 163 of the education law to practice 45 mental health counseling in this state. With respect to a professional 46 service limited liability company formed to provide psychoanalysis 47 services as such services are defined in article 163 of the education 48 law, each member of such limited liability company must be licensed 49 pursuant to article 163 of the education law to practice psychoanalysis 50 in this state. With respect to a professional service limited liability 51 company formed to provide music therapy services as such services are 52 defined in article 163-A of the education law, each member of such 53 limited liability company must be licensed pursuant to article 163-A of 54 the education law to practice music therapy in this state. With respect 55 to a professional service limited liability company formed to provide 56 applied behavior analysis services as such services are defined in arti-S. 5264 12 1 cle 167 of the education law, each member of such limited liability 2 company must be licensed or certified pursuant to article 167 of the 3 education law to practice applied behavior analysis in this state. In 4 addition to engaging in such profession or professions, a professional 5 service limited liability company may engage in any other business or 6 activities as to which a limited liability company may be formed under 7 section two hundred one of this chapter. Notwithstanding any other 8 provision of this section, a professional service limited liability 9 company (i) authorized to practice law may only engage in another 10 profession or business or activities or (ii) which is engaged in a 11 profession or other business or activities other than law may only 12 engage in the practice of law, to the extent not prohibited by any other 13 law of this state or any rule adopted by the appropriate appellate divi- 14 sion of the supreme court or the court of appeals. 15 § 9. Subdivision (b) of section 1207 of the limited liability company 16 law, as amended by chapter 475 of the laws of 2014, is amended to read 17 as follows: 18 (b) With respect to a professional service limited liability company 19 formed to provide medical services as such services are defined in arti- 20 cle 131 of the education law, each member of such limited liability 21 company must be licensed pursuant to article 131 of the education law to 22 practice medicine in this state. With respect to a professional service 23 limited liability company formed to provide dental services as such 24 services are defined in article 133 of the education law, each member of 25 such limited liability company must be licensed pursuant to article 133 26 of the education law to practice dentistry in this state. With respect 27 to a professional service limited liability company formed to provide 28 veterinary services as such services are defined in article 135 of the 29 education law, each member of such limited liability company must be 30 licensed pursuant to article 135 of the education law to practice veter- 31 inary medicine in this state. With respect to a professional service 32 limited liability company formed to provide professional engineering, 33 land surveying, architectural, landscape architectural and/or geological 34 services as such services are defined in article 145, article 147 and 35 article 148 of the education law, each member of such limited liability 36 company must be licensed pursuant to article 145, article 147 and/or 37 article 148 of the education law to practice one or more of such 38 professions in this state. With respect to a professional service limit- 39 ed liability company formed to provide licensed clinical social work 40 services as such services are defined in article 154 of the education 41 law, each member of such limited liability company shall be licensed 42 pursuant to article 154 of the education law to practice licensed clin- 43 ical social work in this state. With respect to a professional service 44 limited liability company formed to provide creative arts therapy 45 services as such services are defined in article 163 of the education 46 law, each member of such limited liability company must be licensed 47 pursuant to article 163 of the education law to practice creative arts 48 therapy in this state. With respect to a professional service limited 49 liability company formed to provide marriage and family therapy services 50 as such services are defined in article 163 of the education law, each 51 member of such limited liability company must be licensed pursuant to 52 article 163 of the education law to practice marriage and family therapy 53 in this state. With respect to a professional service limited liability 54 company formed to provide mental health counseling services as such 55 services are defined in article 163 of the education law, each member of 56 such limited liability company must be licensed pursuant to article 163S. 5264 13 1 of the education law to practice mental health counseling in this state. 2 With respect to a professional service limited liability company formed 3 to provide psychoanalysis services as such services are defined in arti- 4 cle 163 of the education law, each member of such limited liability 5 company must be licensed pursuant to article 163 of the education law to 6 practice psychoanalysis in this state. With respect to a professional 7 service limited liability company formed to provide music therapy 8 services as such services are defined in article 163-A of the education 9 law, each member of such limited liability company must be licensed 10 pursuant to article 163-A of the education law to practice music therapy 11 in this state. With respect to a professional service limited liability 12 company formed to provide applied behavior analysis services as such 13 services are defined in article 167 of the education law, each member of 14 such limited liability company must be licensed or certified pursuant to 15 article 167 of the education law to practice applied behavior analysis 16 in this state. 17 § 10. Subdivision (a) of section 1301 of the limited liability company 18 law, as amended by chapter 475 of the laws of 2014, is amended to read 19 as follows: 20 (a) "Foreign professional service limited liability company" means a 21 professional service limited liability company, whether or not denomi- 22 nated as such, organized under the laws of a jurisdiction other than 23 this state, (i) each of whose members and managers, if any, is a profes- 24 sional authorized by law to render a professional service within this 25 state and who is or has been engaged in the practice of such profession 26 in such professional service limited liability company or a predecessor 27 entity, or will engage in the practice of such profession in the profes- 28 sional service limited liability company within thirty days of the date 29 such professional becomes a member, or each of whose members and manag- 30 ers, if any, is a professional at least one of such members is author- 31 ized by law to render a professional service within this state and who 32 is or has been engaged in the practice of such profession in such 33 professional service limited liability company or a predecessor entity, 34 or will engage in the practice of such profession in the professional 35 service limited liability company within thirty days of the date such 36 professional becomes a member, or (ii) authorized by, or holding a 37 license, certificate, registration or permit issued by the licensing 38 authority pursuant to, the education law to render a professional 39 service within this state; except that all members and managers, if any, 40 of a foreign professional service limited liability company that 41 provides health services in this state shall be licensed in this state. 42 With respect to a foreign professional service limited liability company 43 which provides veterinary services as such services are defined in arti- 44 cle 135 of the education law, each member of such foreign professional 45 service limited liability company shall be licensed pursuant to article 46 135 of the education law to practice veterinary medicine. With respect 47 to a foreign professional service limited liability company which 48 provides medical services as such services are defined in article 131 of 49 the education law, each member of such foreign professional service 50 limited liability company must be licensed pursuant to article 131 of 51 the education law to practice medicine in this state. With respect to a 52 foreign professional service limited liability company which provides 53 dental services as such services are defined in article 133 of the 54 education law, each member of such foreign professional service limited 55 liability company must be licensed pursuant to article 133 of the educa- 56 tion law to practice dentistry in this state. With respect to a foreignS. 5264 14 1 professional service limited liability company which provides profes- 2 sional engineering, land surveying, geologic, architectural and/or land- 3 scape architectural services as such services are defined in article 4 145, article 147 and article 148 of the education law, each member of 5 such foreign professional service limited liability company must be 6 licensed pursuant to article 145, article 147 and/or article 148 of the 7 education law to practice one or more of such professions in this state. 8 With respect to a foreign professional service limited liability company 9 which provides licensed clinical social work services as such services 10 are defined in article 154 of the education law, each member of such 11 foreign professional service limited liability company shall be licensed 12 pursuant to article 154 of the education law to practice clinical social 13 work in this state. With respect to a foreign professional service 14 limited liability company which provides creative arts therapy services 15 as such services are defined in article 163 of the education law, each 16 member of such foreign professional service limited liability company 17 must be licensed pursuant to article 163 of the education law to prac- 18 tice creative arts therapy in this state. With respect to a foreign 19 professional service limited liability company which provides marriage 20 and family therapy services as such services are defined in article 163 21 of the education law, each member of such foreign professional service 22 limited liability company must be licensed pursuant to article 163 of 23 the education law to practice marriage and family therapy in this state. 24 With respect to a foreign professional service limited liability company 25 which provides mental health counseling services as such services are 26 defined in article 163 of the education law, each member of such foreign 27 professional service limited liability company must be licensed pursuant 28 to article 163 of the education law to practice mental health counseling 29 in this state. With respect to a foreign professional service limited 30 liability company which provides psychoanalysis services as such 31 services are defined in article 163 of the education law, each member of 32 such foreign professional service limited liability company must be 33 licensed pursuant to article 163 of the education law to practice 34 psychoanalysis in this state. With respect to a foreign professional 35 service limited liability company which provides music therapy services 36 as such services are defined in article 163-A of the education law, each 37 member of such foreign professional service limited liability company 38 must be licensed pursuant to article 163-A of the education law to prac- 39 tice music therapy in this state. With respect to a foreign professional 40 service limited liability company which provides applied behavior analy- 41 sis services as such services are defined in article 167 of the educa- 42 tion law, each member of such foreign professional service limited 43 liability company must be licensed or certified pursuant to article 167 44 of the education law to practice applied behavior analysis in this 45 state. 46 § 11. Subdivision (q) of section 121-1500 of the partnership law as 47 amended by chapter 475 of the laws of 2014, is amended to read as 48 follows: 49 (q) Each partner of a registered limited liability partnership formed 50 to provide medical services in this state must be licensed pursuant to 51 article 131 of the education law to practice medicine in this state and 52 each partner of a registered limited liability partnership formed to 53 provide dental services in this state must be licensed pursuant to arti- 54 cle 133 of the education law to practice dentistry in this state. Each 55 partner of a registered limited liability partnership formed to provide 56 veterinary services in this state must be licensed pursuant to articleS. 5264 15 1 135 of the education law to practice veterinary medicine in this state. 2 Each partner of a registered limited liability partnership formed to 3 provide professional engineering, land surveying, geological services, 4 architectural and/or landscape architectural services in this state must 5 be licensed pursuant to article 145, article 147 and/or article 148 of 6 the education law to practice one or more of such professions in this 7 state. Each partner of a registered limited liability partnership formed 8 to provide licensed clinical social work services in this state must be 9 licensed pursuant to article 154 of the education law to practice clin- 10 ical social work in this state. Each partner of a registered limited 11 liability partnership formed to provide creative arts therapy services 12 in this state must be licensed pursuant to article 163 of the education 13 law to practice creative arts therapy in this state. Each partner of a 14 registered limited liability partnership formed to provide marriage and 15 family therapy services in this state must be licensed pursuant to arti- 16 cle 163 of the education law to practice marriage and family therapy in 17 this state. Each partner of a registered limited liability partnership 18 formed to provide mental health counseling services in this state must 19 be licensed pursuant to article 163 of the education law to practice 20 mental health counseling in this state. Each partner of a registered 21 limited liability partnership formed to provide psychoanalysis services 22 in this state must be licensed pursuant to article 163 of the education 23 law to practice psychoanalysis in this state. Each partner of a regis- 24 tered limited liability partnership formed to provide music therapy 25 services in this state must be licensed pursuant to article 163-A of the 26 education law to practice music therapy in this state. Each partner of a 27 registered limited liability partnership formed to provide applied 28 behavior analysis service in this state must be licensed or certified 29 pursuant to article 167 of the education law to practice applied behav- 30 ior analysis in this state. 31 § 12. Subdivision (q) of section 121-1502 of the partnership law, as 32 amended by chapter 475 of the laws of 2014, is amended to read as 33 follows: 34 (q) Each partner of a foreign limited liability partnership which 35 provides medical services in this state must be licensed pursuant to 36 article 131 of the education law to practice medicine in the state and 37 each partner of a foreign limited liability partnership which provides 38 dental services in the state must be licensed pursuant to article 133 of 39 the education law to practice dentistry in this state. Each partner of a 40 foreign limited liability partnership which provides veterinary service 41 in the state shall be licensed pursuant to article 135 of the education 42 law to practice veterinary medicine in this state. Each partner of a 43 foreign limited liability partnership which provides professional engi- 44 neering, land surveying, geological services, architectural and/or land- 45 scape architectural services in this state must be licensed pursuant to 46 article 145, article 147 and/or article 148 of the education law to 47 practice one or more of such professions. Each partner of a foreign 48 limited liability partnership which provides licensed clinical social 49 work services in this state must be licensed pursuant to article 154 of 50 the education law to practice licensed clinical social work in this 51 state. Each partner of a foreign limited liability partnership which 52 provides creative arts therapy services in this state must be licensed 53 pursuant to article 163 of the education law to practice creative arts 54 therapy in this state. Each partner of a foreign limited liability part- 55 nership which provides marriage and family therapy services in this 56 state must be licensed pursuant to article 163 of the education law toS. 5264 16 1 practice marriage and family therapy in this state. Each partner of a 2 foreign limited liability partnership which provides mental health coun- 3 seling services in this state must be licensed pursuant to article 163 4 of the education law to practice mental health counseling in this state. 5 Each partner of a foreign limited liability partnership which provides 6 psychoanalysis services in this state must be licensed pursuant to arti- 7 cle 163 of the education law to practice psychoanalysis in this state. 8 Each partner of a registered limited liability partnership formed to 9 provide music therapy services in this state must be licensed pursuant 10 to article 163-A of the education law to practice music therapy in this 11 state. Each partner of a foreign limited liability partnership which 12 provides applied behavior analysis services in this state must be 13 licensed or certified pursuant to article 167 of the education law to 14 practice applied behavior analysis in this state. 15 § 13. This act shall take effect twenty-four months after it shall 16 have become a law; provided, however, that the commissioner of education 17 is authorized to promulgate any rules and regulations and take any other 18 measure necessary to implement this act on or before its effective date.