Bill Text: NY A06525 | 2019-2020 | General Assembly | Introduced


Bill Title: Permits doctors of chiropractic to form limited liability companies.

Spectrum: Moderate Partisan Bill (Democrat 21-6)

Status: (Introduced) 2019-03-11 - referred to higher education [A06525 Detail]

Download: New_York-2019-A06525-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          6525
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                     March 11, 2019
                                       ___________
        Introduced  by  M.  of A. O'DONNELL, BENEDETTO, LENTOL, STIRPE, GUNTHER,
          LIFTON, LALOR, ZEBROWSKI, WEPRIN, ENGLEBRIGHT, ARROYO, WOERNER,  GOTT-
          FRIED,  SANTABARBARA,  RODRIGUEZ  --  Multi-Sponsored  by  -- M. of A.
          ABBATE, BRABENEC, KIM,  KOLB,  LUPARDO,  McDONOUGH,  MONTESANO,  RAIA,
          THIELE -- read once and referred to the Committee on Higher Education
        AN  ACT  to amend the limited liability company law, the business corpo-
          ration law, the partnership law, the public health law and the  educa-
          tion  law,  in  relation  to allowing doctors of chiropractic licensed
          under title VIII, article 132 of the education  law  to  form  limited
          liability companies
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1.  Subdivision (a) of section 1203 of the  limited  liability
     2  company  law,  as amended by chapter 475 of the laws of 2014, is amended
     3  to read as follows:
     4    (a) Notwithstanding the education law or any other provision  of  law,
     5  one  or more professionals each of whom is authorized by law to render a
     6  professional service within the state, or one or more professionals,  at
     7  least  one of whom is authorized by law to render a professional service
     8  within the state, may form,  or  cause  to  be  formed,  a  professional
     9  service  limited liability company for pecuniary profit under this arti-
    10  cle for the purpose of rendering the professional service or services as
    11  such professionals are authorized to practice. With respect to a profes-
    12  sional service limited  liability  company  formed  to  provide  medical
    13  services  as  such  services are defined in article 131 of the education
    14  law, each member of such limited  liability  company  must  be  licensed
    15  pursuant  to  article  131  of the education law to practice medicine in
    16  this state. With respect to a  professional  service  limited  liability
    17  company  formed  to provide dental services as such services are defined
    18  in article 133 of the education law, each member of such limited liabil-
    19  ity company must be licensed pursuant to article 133  of  the  education
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07170-01-9

        A. 6525                             2
     1  law  to practice dentistry in this state. With respect to a professional
     2  service limited liability company formed to provide veterinary  services
     3  as  such  services are defined in article 135 of the education law, each
     4  member  of  such  limited liability company must be licensed pursuant to
     5  article 135 of the education law to practice veterinary medicine in this
     6  state. With respect to a professional service limited liability  company
     7  formed  to  provide  professional engineering, land surveying, architec-
     8  tural,  landscape  architectural  and/or  geological  services  as  such
     9  services  are defined in article 145, article 147 and article 148 of the
    10  education law, each member of such limited  liability  company  must  be
    11  licensed  pursuant to article 145, article 147 and/or article 148 of the
    12  education law to practice one or more of such professions in this state.
    13  With respect to a professional service limited liability company  formed
    14  to  provide  licensed clinical social work services as such services are
    15  defined in article 154 of the education law, each member of such limited
    16  liability company shall be licensed  pursuant  to  article  154  of  the
    17  education  law  to practice licensed clinical social work in this state.
    18  With respect to a professional service limited liability company  formed
    19  to  provide  creative arts therapy services as such services are defined
    20  in article 163 of the education law, each member of such limited liabil-
    21  ity company must be licensed pursuant to article 163  of  the  education
    22  law  to  practice creative arts therapy in this state. With respect to a
    23  professional  service  limited  liability  company  formed  to   provide
    24  marriage  and  family  therapy  services as such services are defined in
    25  article 163 of the education law, each member of such limited  liability
    26  company must be licensed pursuant to article 163 of the education law to
    27  practice  marriage  and  family therapy in this state. With respect to a
    28  professional service limited liability company formed to provide  mental
    29  health  counseling  services as such services are defined in article 163
    30  of the education law, each member of such limited liability company must
    31  be licensed pursuant to article 163 of the  education  law  to  practice
    32  mental  health  counseling in this state. With respect to a professional
    33  service limited  liability  company  formed  to  provide  psychoanalysis
    34  services  as  such  services are defined in article 163 of the education
    35  law, each member of such limited  liability  company  must  be  licensed
    36  pursuant  to article 163 of the education law to practice psychoanalysis
    37  in this state. With respect to a professional service limited  liability
    38  company  formed  to  provide  applied behavior analysis services as such
    39  services are defined in article 167 of the education law, each member of
    40  such limited liability company must be licensed or certified pursuant to
    41  article 167 of the education law to practice applied  behavior  analysis
    42  in   this   state.  In  addition  to  engaging  in  such  profession  or
    43  professions, a professional service limited liability company may engage
    44  in any other business or activities as  to  which  a  limited  liability
    45  company  may  be  formed  under section two hundred one of this chapter.
    46  Notwithstanding any other provision  of  this  section,  a  professional
    47  service  limited  liability  company  (i) authorized to practice law may
    48  only engage in another profession or  business  or  activities  or  (ii)
    49  which  is  engaged in a profession or other business or activities other
    50  than law may only engage in the practice  of  law,  to  the  extent  not
    51  prohibited  by  any  other  law of this state or any rule adopted by the
    52  appropriate appellate division of the supreme  court  or  the  court  of
    53  appeals.  Notwithstanding  any  other  provision  of  this section, with
    54  respect to a limited liability company  formed  to  provide  integrated,
    55  multidisciplinary  medical  and  chiropractic services, as such services
    56  are respectively defined under articles 131 and  132  of  the  education

        A. 6525                             3
     1  law,  (i) each member of such limited liability company must be licensed
     2  pursuant to article 131 or article 132 of the education law to  practice
     3  his  or  her profession in this state, (ii) each member shall only prac-
     4  tice his or her profession as specified in his or her respective profes-
     5  sional  enabling  statute under article 131 or article 132 of the educa-
     6  tion law, and (iii) the clinical integration of  professional  practices
     7  within  an  integrated,  multidisciplinary  entity  organized under this
     8  section does not alter, expand or curtail the scope of practice  of  any
     9  of  the  individuals licensed under the statute of his or her respective
    10  professional enabling law, provided that:  (a)  the  clinical  judgment,
    11  management  and  clinical  decision-making  of  one  or more article 131
    12  providers  in  an  integrated,  multidisciplinary  professional  service
    13  limited  liability  company  shall  be controlling, (b) members licensed
    14  under article 132 of the education law, shall not, directly or indirect-
    15  ly, interfere with the clinical judgment or legitimate clinical practice
    16  of a professional  licensed  under  article  131,  and  (c)  individuals
    17  licensed  under  article  131  may  not  order  or direct a professional
    18  licensed under article 132 of the education law to practice  beyond  the
    19  scope of his or her license under article 132 of the education law, even
    20  if  supervised  directly  or indirectly by a professional licensed under
    21  article 131.
    22    § 2. Subdivision (b) of section 1207 of the limited liability  company
    23  law,  as  amended by chapter 475 of the laws of 2014, is amended to read
    24  as follows:
    25    (b) With respect to a professional service limited  liability  company
    26  formed to provide medical services as such services are defined in arti-
    27  cle  131  of  the  education  law, each member of such limited liability
    28  company must be licensed pursuant to article 131 of the education law to
    29  practice medicine in this state. With respect to a professional  service
    30  limited  liability  company  formed  to  provide dental services as such
    31  services are defined in article 133 of the education law, each member of
    32  such limited liability company must be licensed pursuant to article  133
    33  of  the  education law to practice dentistry in this state. With respect
    34  to a professional service limited liability company  formed  to  provide
    35  veterinary  services  as such services are defined in article 135 of the
    36  education law, each member of such limited  liability  company  must  be
    37  licensed pursuant to article 135 of the education law to practice veter-
    38  inary  medicine  in  this  state. With respect to a professional service
    39  limited liability company formed to  provide  professional  engineering,
    40  land surveying, architectural, landscape architectural and/or geological
    41  services  as  such  services are defined in article 145, article 147 and
    42  article 148 of the education law, each member of such limited  liability
    43  company  must  be  licensed  pursuant to article 145, article 147 and/or
    44  article 148 of the education  law  to  practice  one  or  more  of  such
    45  professions in this state. With respect to a professional service limit-
    46  ed  liability  company  formed  to provide licensed clinical social work
    47  services as such services are defined in article 154  of  the  education
    48  law,  each  member  of  such limited liability company shall be licensed
    49  pursuant to article 154 of the education law to practice licensed  clin-
    50  ical  social  work in this state. With respect to a professional service
    51  limited liability  company  formed  to  provide  creative  arts  therapy
    52  services  as  such  services are defined in article 163 of the education
    53  law, each member of such limited  liability  company  must  be  licensed
    54  pursuant  to  article 163 of the education law to practice creative arts
    55  therapy in this state. With respect to a  professional  service  limited
    56  liability company formed to provide marriage and family therapy services

        A. 6525                             4
     1  as  such  services are defined in article 163 of the education law, each
     2  member of such limited liability company must be  licensed  pursuant  to
     3  article 163 of the education law to practice marriage and family therapy
     4  in  this state. With respect to a professional service limited liability
     5  company formed to provide mental  health  counseling  services  as  such
     6  services are defined in article 163 of the education law, each member of
     7  such  limited liability company must be licensed pursuant to article 163
     8  of the education law to practice mental health counseling in this state.
     9  With respect to a professional service limited liability company  formed
    10  to provide psychoanalysis services as such services are defined in arti-
    11  cle  163  of  the  education  law, each member of such limited liability
    12  company must be licensed pursuant to article 163 of the education law to
    13  practice psychoanalysis in this state. With respect  to  a  professional
    14  service  limited  liability  company  formed to provide applied behavior
    15  analysis services as such services are defined in  article  167  of  the
    16  education  law,  each  member  of such limited liability company must be
    17  licensed or certified pursuant to article 167 of the  education  law  to
    18  practice  applied  behavior analysis in this state.  Notwithstanding any
    19  other provision of this section, with respect to a professional  service
    20  limited  liability  company formed to provide integrated, multidiscipli-
    21  nary medical and chiropractic services, as such services are respective-
    22  ly defined under articles 131 and 132 of the  education  law,  (i)  each
    23  member  of  such  limited liability company must be licensed pursuant to
    24  article 131 or article 132 of the education law to practice his  or  her
    25  profession  in  this  state, (ii) each member shall only practice his or
    26  her profession as specified in his or her respective professional enabl-
    27  ing statute under article 131 or article 132 of the education  law,  and
    28  (iii) the clinical integration of professional practices within an inte-
    29  grated,  multidisciplinary  entity organized under this section does not
    30  alter, expand or curtail the scope of practice of any of the individuals
    31  licensed under the statute of his or her respective professional  enabl-
    32  ing  law, provided that: (a) the clinical judgment, management and clin-
    33  ical decision-making of one or more article 131 providers  in  an  inte-
    34  grated, multidisciplinary professional service limited liability company
    35  shall  be  controlling,  (b)  members  licensed under article 132 of the
    36  education law, shall not, directly or  indirectly,  interfere  with  the
    37  clinical  judgment  or  legitimate  clinical  practice of a professional
    38  licensed under article 131, and (c) individuals licensed  under  article
    39  131 may not order or direct a professional licensed under article 132 of
    40  the  education  law  to  practice beyond the scope of his or her license
    41  under article 132 of the education law, even if supervised  directly  or
    42  indirectly by a professional licensed under article 131.
    43    §  3. Subdivision (a) of section 1301 of the limited liability company
    44  law, as amended by chapter 475 of the laws of 2014, is amended  to  read
    45  as follows:
    46    (a)  "Foreign  professional service limited liability company" means a
    47  professional service limited liability company, whether or  not  denomi-
    48  nated  as  such,  organized  under the laws of a jurisdiction other than
    49  this state, (i) each of whose members and managers, if any, is a profes-
    50  sional authorized by law to render a professional  service  within  this
    51  state  and who is or has been engaged in the practice of such profession
    52  in such professional service limited liability company or a  predecessor
    53  entity, or will engage in the practice of such profession in the profes-
    54  sional  service limited liability company within thirty days of the date
    55  such professional becomes a member, or each of whose members and  manag-
    56  ers,  if  any, is a professional at least one of such members is author-

        A. 6525                             5
     1  ized by law to render a professional service within this state  and  who
     2  is  or  has  been  engaged  in  the  practice of such profession in such
     3  professional service limited liability company or a predecessor  entity,
     4  or  will  engage  in the practice of such profession in the professional
     5  service limited liability company within thirty days of  the  date  such
     6  professional  becomes  a  member,  or  (ii)  authorized by, or holding a
     7  license, certificate, registration or permit  issued  by  the  licensing
     8  authority  pursuant  to,  the  education  law  to  render a professional
     9  service within this state; except that all members and managers, if any,
    10  of  a  foreign  professional  service  limited  liability  company  that
    11  provides  health services in this state shall be licensed in this state.
    12  With respect to a foreign professional service limited liability company
    13  which provides veterinary services as such services are defined in arti-
    14  cle 135 of the education law, each member of such  foreign  professional
    15  service  limited liability company shall be licensed pursuant to article
    16  135 of the education law to practice veterinary medicine.  With  respect
    17  to  a  foreign  professional  service  limited  liability  company which
    18  provides medical services as such services are defined in article 131 of
    19  the education law, each member  of  such  foreign  professional  service
    20  limited  liability  company  must be licensed pursuant to article 131 of
    21  the education law to practice medicine in this state.  With respect to a
    22  foreign professional service limited liability  company  which  provides
    23  dental  services  as  such  services  are  defined in article 133 of the
    24  education law, each member of such foreign professional service  limited
    25  liability company must be licensed pursuant to article 133 of the educa-
    26  tion  law to practice dentistry in this state. With respect to a foreign
    27  professional service limited liability company  which  provides  profes-
    28  sional  engineering, land surveying, geologic architectural and/or land-
    29  scape architectural services as such services  are  defined  in  article
    30  145,  article  147  and article 148 of the education law, each member of
    31  such foreign professional service  limited  liability  company  must  be
    32  licensed  pursuant to article 145, article 147 and/or article 148 of the
    33  education law to practice one or more of such professions in this state.
    34  With respect to a foreign professional service limited liability company
    35  which provides licensed clinical social work services as  such  services
    36  are  defined  in  article  154 of the education law, each member of such
    37  foreign professional service limited liability company shall be licensed
    38  pursuant to article 154 of the education law to practice clinical social
    39  work in this state. With  respect  to  a  foreign  professional  service
    40  limited  liability company which provides creative arts therapy services
    41  as such services are defined in article 163 of the education  law,  each
    42  member  of  such  foreign professional service limited liability company
    43  must be licensed pursuant to article 163 of the education law  to  prac-
    44  tice  creative  arts  therapy  in  this state. With respect to a foreign
    45  professional service limited liability company which  provides  marriage
    46  and  family therapy services as such services are defined in article 163
    47  of the education law, each member of such foreign  professional  service
    48  limited  liability  company  must be licensed pursuant to article 163 of
    49  the education law to practice marriage and family therapy in this state.
    50  With respect to a foreign professional service limited liability company
    51  which provides mental health counseling services as  such  services  are
    52  defined in article 163 of the education law, each member of such foreign
    53  professional service limited liability company must be licensed pursuant
    54  to article 163 of the education law to practice mental health counseling
    55  in  this  state.  With respect to a foreign professional service limited
    56  liability  company  which  provides  psychoanalysis  services  as   such

        A. 6525                             6
     1  services are defined in article 163 of the education law, each member of
     2  such  foreign  professional  service  limited  liability company must be
     3  licensed pursuant to article  163  of  the  education  law  to  practice
     4  psychoanalysis  in  this  state.  With respect to a foreign professional
     5  service limited liability company which provides applied behavior analy-
     6  sis services as such services are defined in article 167 of  the  educa-
     7  tion  law,  each  member  of  such  foreign professional service limited
     8  liability company must be licensed or certified pursuant to article  167
     9  of  the  education  law  to  practice  applied behavior analysis in this
    10  state.  With respect to a foreign professional service limited liability
    11  company formed to provide  integrated,  multi-disciplinary  medical  and
    12  chiropractic  services,  as such services are respectively defined under
    13  article 131 and article 132 of the education law,  (i)  each  member  of
    14  such  limited liability company must be licensed pursuant to article 131
    15  or article 132 of the education law to practice his or her profession in
    16  this state, (ii) each member shall only practice his or  her  profession
    17  as  specified  in  his  or  her respective professional enabling statute
    18  under article 131 or article 132 of the education  law,  and  (iii)  the
    19  clinical  integration  of  professional  practices within an integrated,
    20  multidisciplinary entity organized under this section  does  not  alter,
    21  expand  or  curtail  the  scope  of  practice  of any of the individuals
    22  licensed under the statute of his or her respective professional  enabl-
    23  ing  law, provided that: (a) the clinical judgment, management and clin-
    24  ical decision-making of one or more article 131 providers  in  an  inte-
    25  grated, multidisciplinary professional service limited liability company
    26  shall  be  controlling,  (b)  members  licensed under article 132 of the
    27  education law, shall not, directly or  indirectly,  interfere  with  the
    28  clinical  judgment  or  legitimate  clinical  practice of a professional
    29  licensed under article 131, and (c) individuals licensed  under  article
    30  131 may not order or direct a professional licensed under article 132 of
    31  the  education  law  to  practice beyond the scope of his or her license
    32  under article 132 of the education law, even if supervised  directly  or
    33  indirectly by a professional licensed under article 131.
    34    § 4. Paragraph (a) of section 1503 of the business corporation law, as
    35  amended  by  chapter  475  of  the  laws  of 2014, is amended to read as
    36  follows:
    37    (a) Notwithstanding any other provision of law, (i) one or more  indi-
    38  viduals  duly  authorized by law to render the same professional service
    39  within the state may organize, or cause to be organized, a  professional
    40  service  corporation  for  pecuniary  profit  under this article for the
    41  purpose of rendering the same professional service, except that  one  or
    42  more  individuals  duly authorized by law to practice professional engi-
    43  neering, architecture, landscape architecture, land surveying or geology
    44  within the state may organize, or cause to be organized, a  professional
    45  service  corporation  or  a  design professional service corporation for
    46  pecuniary profit under this article for the purpose  of  rendering  such
    47  professional  services  as  such individuals are authorized to practice,
    48  and, (ii) one or more individuals duly licensed to practice medicine and
    49  one or more chiropractors licensed under article 132  of  the  education
    50  law,  who  may  be board certified or qualified by his or her respective
    51  professional specialty boards, may organize, or cause to  be  organized,
    52  for  business  purposes  only,  a multidisciplinary professional service
    53  corporation formed for pecuniary  profit  under  this  article  for  the
    54  purpose of rendering integrated and non-integrated professional services
    55  within such a corporation as such individuals are authorized to practice
    56  individually  in  his  or  her respective professions, provided that the

        A. 6525                             7
     1  clinical integration of professional practices within an  entity  organ-
     2  ized  under  this section does not alter, expand or curtail the scope of
     3  practice of any of the individuals licensed under the statute of his  or
     4  her  respective  professional  enabling law; that the clinical judgment,
     5  management and clinical decision-making  of  one  or  more  article  131
     6  providers in an integrated, multidisciplinary practice shall be control-
     7  ling;  that  members  licensed  under  article 132 of the education law,
     8  shall not, directly or indirectly, interfere with the clinical  judgment
     9  or legitimate clinical practice of a professional licensed under article
    10  131;  and  that  individuals licensed under article 131 may not order or
    11  direct a professional licensed under article 132 of the education law to
    12  practice beyond the scope of his or her license under article 132 of the
    13  education law in a professional service limited liability company,  even
    14  if  supervised  directly  or indirectly by a professional licensed under
    15  article 131.
    16    § 5. Subdivision (q) of section 121-1500 of the  partnership  law,  as
    17  amended  by  chapter  475  of  the  laws  of 2014, is amended to read as
    18  follows:
    19    (q) Each partner of a registered limited liability partnership  formed
    20  to  provide  medical services in this state must be licensed pursuant to
    21  article 131 of the education law to practice medicine in this state  and
    22  each  partner  of  a  registered limited liability partnership formed to
    23  provide dental services in this state must be licensed pursuant to arti-
    24  cle 133 of the education law to practice dentistry in this state.   Each
    25  partner  of a registered limited liability partnership formed to provide
    26  veterinary services in this state must be licensed pursuant  to  article
    27  135  of the education law to practice veterinary medicine in this state.
    28  Each partner of a registered limited  liability  partnership  formed  to
    29  provide  professional  engineering, land surveying, geological services,
    30  architectural and/or landscape architectural services in this state must
    31  be licensed pursuant to article 145, article 147 and/or article  148  of
    32  the  education  law  to practice one or more of such professions in this
    33  state. Each partner of a registered limited liability partnership formed
    34  to provide licensed clinical social work services in this state must  be
    35  licensed  pursuant to article 154 of the education law to practice clin-
    36  ical social work in this state. Each partner  of  a  registered  limited
    37  liability  partnership  formed to provide creative arts therapy services
    38  in this state must be licensed pursuant to article 163 of the  education
    39  law  to  practice creative arts therapy in this state. Each partner of a
    40  registered limited liability partnership formed to provide marriage  and
    41  family therapy services in this state must be licensed pursuant to arti-
    42  cle  163 of the education law to practice marriage and family therapy in
    43  this state. Each partner of a registered limited  liability  partnership
    44  formed  to  provide mental health counseling services in this state must
    45  be licensed pursuant to article 163 of the  education  law  to  practice
    46  mental  health  counseling  in  this state. Each partner of a registered
    47  limited liability partnership formed to provide psychoanalysis  services
    48  in  this state must be licensed pursuant to article 163 of the education
    49  law to practice psychoanalysis in this state. Each partner of  a  regis-
    50  tered  limited  liability partnership formed to provide applied behavior
    51  analysis service in this state must be licensed or certified pursuant to
    52  article 167 of the education law to practice applied  behavior  analysis
    53  in  this state.  Each partner of a registered limited liability partner-
    54  ship formed to provide integrated, multidisciplinary medical and chirop-
    55  ractic services, as such services are respectively defined under article
    56  131 and article 132 of the education law, (i) must be licensed  pursuant

        A. 6525                             8
     1  to  article  131  or article 132 of the education law to practice his or
     2  her profession in this state,  (ii)  shall  only  practice  his  or  her
     3  profession  as  specified in his or her respective professional enabling
     4  statute under article 131 or article 132 of the education law, and (iii)
     5  the clinical integration of professional practices within an integrated,
     6  multi-disciplinary  entity  organized under this section does not alter,
     7  expand or curtail the scope  of  practice  of  any  of  the  individuals
     8  licensed  under the statute of his or her respective professional enabl-
     9  ing law, provided that: (a) the clinical judgment, management and  clin-
    10  ical  decision-making  of  one or more article 131 providers in an inte-
    11  grated, multidisciplinary professional service limited liability company
    12  shall be controlling, (b) members licensed  under  article  132  of  the
    13  education  law,  shall  not,  directly or indirectly, interfere with the
    14  clinical judgment or legitimate  clinical  practice  of  a  professional
    15  licensed  under  article 131, and (c) individuals licensed under article
    16  131 may not order or direct a professional licensed under article 132 of
    17  the education law to practice beyond the scope of  his  or  her  license
    18  under  article  132 of the education law, even if supervised directly or
    19  indirectly by a professional licensed under article 131.
    20    § 6. Subdivision (q) of section 121-1502 of the  partnership  law,  as
    21  amended  by  chapter  475  of  the  laws  of 2014, is amended to read as
    22  follows:
    23    (q) Each partner of a  foreign  limited  liability  partnership  which
    24  provides  medical  services  in  this state must be licensed pursuant to
    25  article 131 of the education law to practice medicine in the  state  and
    26  each  partner  of a foreign limited liability partnership which provides
    27  dental services in the state must be licensed pursuant to article 133 of
    28  the education law to practice dentistry in this state. Each partner of a
    29  foreign limited liability partnership which provides veterinary  service
    30  in  the state shall be licensed pursuant to article 135 of the education
    31  law to practice veterinary medicine in this state.  Each  partner  of  a
    32  foreign  limited liability partnership which provides professional engi-
    33  neering, land surveying, geological services, architectural and/or land-
    34  scape architectural services in this state must be licensed pursuant  to
    35  article  145,  article  147  and/or  article 148 of the education law to
    36  practice one or more of such professions.  Each  partner  of  a  foreign
    37  limited  liability  partnership  which provides licensed clinical social
    38  work services in this state must be licensed pursuant to article 154  of
    39  the  education  law  to  practice  licensed clinical social work in this
    40  state. Each partner of a foreign  limited  liability  partnership  which
    41  provides  creative  arts therapy services in this state must be licensed
    42  pursuant to article 163 of the education law to practice  creative  arts
    43  therapy in this state. Each partner of a foreign limited liability part-
    44  nership  which  provides  marriage  and  family therapy services in this
    45  state must be licensed pursuant to article 163 of the education  law  to
    46  practice  marriage  and  family therapy in this state. Each partner of a
    47  foreign limited liability partnership which provides mental health coun-
    48  seling services in this state must be licensed pursuant to  article  163
    49  of the education law to practice mental health counseling in this state.
    50  Each  partner  of a foreign limited liability partnership which provides
    51  psychoanalysis services in this state must be licensed pursuant to arti-
    52  cle 163 of the education law to practice psychoanalysis in  this  state.
    53  Each  partner  of a foreign limited liability partnership which provides
    54  applied behavior analysis services in this state  must  be  licensed  or
    55  certified  pursuant  to  article  167  of  the education law to practice
    56  applied behavior analysis in this state.   Each  partner  of  a  foreign

        A. 6525                             9
     1  limited  liability partnership formed to provide integrated, multidisci-
     2  plinary medical and chiropractic services, as such services are  defined
     3  under  article  131  or  article  132  of the education law, (i) must be
     4  licensed  pursuant to article 131 or article 132 of the education law to
     5  practice his or her profession in this state, (ii) shall  only  practice
     6  his or her profession as specified in his or her respective professional
     7  enabling  statute under article 131 or article 132 of the education law,
     8  and (iii) the clinical integration of professional practices  within  an
     9  integrated,  multidisciplinary  entity organized under this section does
    10  not alter, expand or curtail the scope of practice of any of  the  indi-
    11  viduals licensed under the statute of his or her respective professional
    12  enabling  law,  provided that: (a) the clinical judgment, management and
    13  clinical decision-making of one or more  article  131  providers  in  an
    14  integrated,  multidisciplinary  professional  service  limited liability
    15  company shall be controlling, (b) members not licensed under article 131
    16  of the education law, shall not, directly or indirectly, interfere  with
    17  the  clinical judgment or legitimate clinical practice of a professional
    18  licensed under article 131, and (c) individuals licensed  under  article
    19  131 may not order or direct a professional licensed under article 132 of
    20  the  education  law  to  practice beyond the scope of his or her license
    21  under article 132 of the education law, even if supervised  directly  or
    22  indirectly by a professional licensed under article 131.
    23    §  7.  Subdivision  1  of  section  2801  of the public health law, as
    24  amended by section 1 of subpart B of part S of chapter 57 of the laws of
    25  2018, is amended to read as follows:
    26    1. "Hospital" means a facility or institution engaged  principally  in
    27  providing services by or under the supervision of a physician or, in the
    28  case  of  a dental clinic or dental dispensary, of a dentist, or, in the
    29  case of a midwifery birth center, of  a  midwife,  for  the  prevention,
    30  diagnosis  or  treatment  of  human  disease, pain, injury, deformity or
    31  physical condition, including, but not limited to, a  general  hospital,
    32  public  health center, diagnostic center, treatment center, dental clin-
    33  ic, dental dispensary, rehabilitation center other than a facility  used
    34  solely  for vocational rehabilitation, nursing home, tuberculosis hospi-
    35  tal, chronic  disease  hospital,  maternity  hospital,  midwifery  birth
    36  center,  lying-in-asylum,  out-patient  department,  out-patient  lodge,
    37  dispensary and a laboratory or central service facility serving  one  or
    38  more  such  institutions,  but  the  term  hospital shall not include an
    39  institution, sanitarium or other facility engaged principally in provid-
    40  ing services for the prevention, diagnosis or treatment of mental  disa-
    41  bility  and  which  is subject to the powers of visitation, examination,
    42  inspection and investigation of the department of mental hygiene  except
    43  for  those  distinct  parts  of  such  a facility which provide hospital
    44  service. The provisions of this article shall not apply to a facility or
    45  institution engaged principally in providing services by  or  under  the
    46  supervision of the bona fide members and adherents of a recognized reli-
    47  gious  organization  whose teachings include reliance on spiritual means
    48  through prayer alone for healing in the practice of the religion of such
    49  organization and where services are provided in  accordance  with  those
    50  teachings or to a business corporation, limited liability corporation or
    51  partnership  between  a  medical  doctor  and a duly licensed title VIII
    52  healthcare professional.   No provision of this  article  or  any  other
    53  provision  of  law shall be construed to: (a) limit the volume of mental
    54  health or substance use disorder services that  can  be  provided  by  a
    55  provider  of  primary  care  services  licensed  under  this article and
    56  authorized to provide integrated services in accordance with regulations

        A. 6525                            10
     1  issued by the commissioner in consultation with the commissioner of  the
     2  office of mental health and the commissioner of the office of alcoholism
     3  and  substance  abuse services, including regulations issued pursuant to
     4  subdivision  seven  of  section three hundred sixty-five-l of the social
     5  services law or part L of chapter fifty-six of the laws of two  thousand
     6  twelve;  (b)  require a provider licensed pursuant to article thirty-one
     7  of the mental hygiene law or certified pursuant to article thirty-two of
     8  the mental hygiene law to  obtain  an  operating  certificate  from  the
     9  department  if  such  provider has been authorized to provide integrated
    10  services in accordance with regulations issued by  the  commissioner  in
    11  consultation  with  the  commissioner of the office of mental health and
    12  the commissioner  of  the  office  of  alcoholism  and  substance  abuse
    13  services,  including regulations issued pursuant to subdivision seven of
    14  section three hundred sixty-five-l of the social services law or part  L
    15  of chapter fifty-six of the laws of two thousand twelve.
    16    §  8. Subdivision 19 of section 6530 of the education law, as added by
    17  chapter 606 of the laws of 1991, is amended to read as follows:
    18    19. Permitting any person  to  share  in  the  fees  for  professional
    19  services,  other  than: a partner, employee, associate in a professional
    20  firm or corporation, professional subcontractor or consultant authorized
    21  to practice medicine, or a legally authorized trainee  practicing  under
    22  the  supervision  of a licensee or a chiropractor providing professional
    23  services in the same practice.    This  prohibition  shall  include  any
    24  arrangement  or  agreement  whereby  the  amount received in payment for
    25  furnishing space, facilities, equipment or personnel services used by  a
    26  licensee  constitutes  a  percentage of, or is otherwise dependent upon,
    27  the income or receipts of the licensee from  such  practice,  except  as
    28  otherwise  provided  by law with respect to a facility licensed pursuant
    29  to article twenty-eight of the public health law or article thirteen  of
    30  the mental hygiene law;
    31    § 9. Section 6509-a of the education law, as amended by chapter 555 of
    32  the laws of 1993, is amended to read as follows:
    33    § 6509-a. Additional  definition  of  professional misconduct; limited
    34  application.  Notwithstanding any inconsistent provision of this article
    35  or of any other provision of law to the contrary, the license or  regis-
    36  tration  of  a  person subject to the provisions of articles one hundred
    37  thirty-two,  one  hundred  thirty-three,  one  hundred  thirty-six,  one
    38  hundred  thirty-seven,  one  hundred thirty-nine, one hundred forty-one,
    39  one hundred forty-three, one hundred forty-four, one hundred  fifty-six,
    40  one hundred fifty-nine and one hundred sixty-four of this chapter may be
    41  revoked,  suspended  or  annulled  or  such person may be subject to any
    42  other penalty provided in section  sixty-five  hundred  eleven  of  this
    43  article  in accordance with the provisions and procedure of this article
    44  for the following:
    45    That any person subject to the above enumerated articles, has directly
    46  or indirectly requested,  received  or  participated  in  the  division,
    47  transference,  assignment,  rebate, splitting or refunding of a fee for,
    48  or has directly requested, received or profited by means of a credit  or
    49  other  valuable  consideration  as a commission, discount or gratuity in
    50  connection with the furnishing of professional care, or service, includ-
    51  ing x-ray examination and treatment, or for or in  connection  with  the
    52  sale, rental, supplying or furnishing of clinical laboratory services or
    53  supplies,  x-ray  laboratory  services  or  supplies, inhalation therapy
    54  service or equipment, ambulance service, hospital or  medical  supplies,
    55  physiotherapy  or  other  therapeutic  service  or equipment, artificial
    56  limbs, teeth or eyes, orthopedic or  surgical  appliances  or  supplies,

        A. 6525                            11
     1  optical  appliances,  supplies or equipment, devices for aid of hearing,
     2  drugs, medication or medical supplies or any other  goods,  services  or
     3  supplies  prescribed for medical diagnosis, care or treatment under this
     4  chapter,  except  payment,  not to exceed thirty-three and one-third per
     5  centum of any fee received for x-ray examination,  diagnosis  or  treat-
     6  ment,  to any hospital furnishing facilities for such examination, diag-
     7  nosis or treatment.  Nothing contained in this  section  shall  prohibit
     8  such persons from practicing as partners, in groups or as a professional
     9  corporation  or  as  a  university faculty practice corporation nor from
    10  pooling fees and moneys received, either by  the  partnerships,  profes-
    11  sional  corporations, university faculty practice corporations or groups
    12  by the individual members thereof, for professional  services  furnished
    13  by  any individual professional member, or employee of such partnership,
    14  corporation or group, nor shall the professionals constituting the part-
    15  nerships, corporations or groups be prohibited from sharing, dividing or
    16  apportioning the fees and moneys received by them or by the partnership,
    17  corporation or group in accordance with a partnership  or  other  agree-
    18  ment;  provided  that  no  such practice as partners, corporations or in
    19  groups or pooling of fees or moneys  received  or  shared,  division  or
    20  apportionment of fees shall be permitted with respect to care and treat-
    21  ment  under the workers' compensation law except as expressly authorized
    22  by the workers' compensation law.   Nothing contained in  this  section,
    23  shall  prohibit  a  multidisciplinary  medical and chiropractic practice
    24  formed pursuant to subdivision (a) or  (b)  of  section  twelve  hundred
    25  three  of  the limited liability company law, subdivision (a) of section
    26  thirteen hundred one of the limited liability company law, paragraph (a)
    27  of section fifteen hundred three of the business corporation law, subdi-
    28  vision (q) of section 121-1500 of the partnership  law,  or  subdivision
    29  (q)  of  section  121-1502  of  the partnership law from pooling fees or
    30  monies received. Nothing contained in  this  chapter  shall  prohibit  a
    31  medical or dental expense indemnity corporation pursuant to its contract
    32  with the subscriber from prorationing a medical or dental expense indem-
    33  nity  allowance  among  two  or  more professionals in proportion to the
    34  services rendered by each  such  professional  at  the  request  of  the
    35  subscriber,  provided  that  prior to payment thereof such professionals
    36  shall submit both to the medical or dental expense indemnity corporation
    37  and to the subscriber statements itemizing the services rendered by each
    38  such professional and the charges therefor.
    39    § 10. Section 6531 of the education law, as amended by chapter 555  of
    40  the laws of 1993, is amended to read as follows:
    41    § 6531. Additional  definition  of  professional  misconduct,  limited
    42  application.  Notwithstanding any inconsistent provision of this article
    43  or any other provisions of law to the contrary, the license or registra-
    44  tion of a person subject to the provisions of this article  and  article
    45  one  hundred  thirty-one-B of this chapter may be revoked, suspended, or
    46  annulled or such person may be subject to any other penalty provided  in
    47  section two hundred thirty-a of the public health law in accordance with
    48  the provisions and procedures of this article for the following:
    49    That  any person subject to the above-enumerated articles has directly
    50  or indirectly requested,  received  or  participated  in  the  division,
    51  transference,  assignment, rebate, splitting, or refunding of a fee for,
    52  or has directly requested, received or profited by means of a credit  or
    53  other  valuable  consideration as a commission, discount or gratuity, in
    54  connection with the furnishing of professional care or service,  includ-
    55  ing  x-ray  examination  and treatment, or for or in connection with the
    56  sale, rental, supplying, or furnishing of clinical  laboratory  services

        A. 6525                            12
     1  or  supplies,  x-ray laboratory services or supplies, inhalation therapy
     2  service or equipment, ambulance service, hospital or  medical  supplies,
     3  physiotherapy  or  other  therapeutic  service  or equipment, artificial
     4  limbs,  teeth  or  eyes,  orthopedic or surgical appliances or supplies,
     5  optical appliances, supplies, or equipment, devices for aid of  hearing,
     6  drugs, medication, or medical supplies, or any other goods, services, or
     7  supplies prescribed for medical diagnosis, care, or treatment under this
     8  chapter,  except  payment,  not  to  exceed  thirty-three  and one-third
     9  percent of any fee received for x-ray examination, diagnosis, or  treat-
    10  ment,  to any hospital furnishing facilities for such examination, diag-
    11  nosis, or treatment. Nothing contained in this  section  shall  prohibit
    12  such persons from practicing as partners, in groups or as a professional
    13  corporation  or  as  a university faculty practice corporation, nor from
    14  pooling fees and moneys received, either by  the  partnerships,  profes-
    15  sional  corporations,  or  university  faculty  practice corporations or
    16  groups by the individual  members  thereof,  for  professional  services
    17  furnished  by  an  individual  professional  member, or employee of such
    18  partnership, corporation, or group, nor shall the professionals  consti-
    19  tuting the partnerships, corporations or groups be prohibited from shar-
    20  ing,  dividing,  or apportioning the fees and moneys received by them or
    21  by the partnership, corporation, or group in accordance with a  partner-
    22  ship  or  other  agreement;  provided that no such practice as partners,
    23  corporations, or groups, or  pooling  of  fees  or  moneys  received  or
    24  shared,  division  or  apportionment  of  fees  shall  be permitted with
    25  respect to and treatment under the workers'  compensation  law.  Nothing
    26  contained  in  this  section, shall prohibit a multidisciplinary medical
    27  and chiropractic practice formed pursuant to subdivision (a) or  (b)  of
    28  section  twelve  hundred  three  of  the  limited liability company law,
    29  subdivision (a) of section thirteen hundred one of the limited liability
    30  company law, paragraph (a) of section fifteen hundred three of the busi-
    31  ness corporation law, subdivision (q) of section 121-1500 of  the  part-
    32  nership  law,  or subdivision (q) of section 121-1502 of the partnership
    33  law from pooling fees or monies  received.  Nothing  contained  in  this
    34  chapter  shall  prohibit  a  corporation  licensed  pursuant  to article
    35  forty-three of the insurance law  pursuant  to  its  contract  with  the
    36  subscribed  from  prorationing  a  medical  or dental expenses indemnity
    37  allowance among two or more professionals in proportion to the  services
    38  rendered  by  each  such  professional at the request of the subscriber,
    39  provided that prior to payment thereof such professionals  shall  submit
    40  both  to the corporation licensed pursuant to article forty-three of the
    41  insurance law and to the subscriber statements  itemizing  the  services
    42  rendered by each such professional and the charges therefor.
    43    §  11.  This act shall take effect on the thirtieth day after it shall
    44  have became a law.
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