Bill Text: NY A06925 | 2015-2016 | General Assembly | Introduced
Bill Title: Permits psychologists to form limited liability companies.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2016-01-06 - referred to higher education [A06925 Detail]
Download: New_York-2015-A06925-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 6925 2015-2016 Regular Sessions I N A S S E M B L Y April 10, 2015 ___________ Introduced by M. of A. WEPRIN, BUCHWALD -- Multi-Sponsored by -- M. of A. PAULIN, WALTER -- 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 psychologists licensed under title VIII, article 153 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. Legislative intent. This bill would authorize physicians 2 and psychologists to form limited liability companies, professional 3 corporations and partnerships with one another. In the last two decades, 4 practice in and among the health professions has changed. Artificial 5 barriers in current law prohibit multidisciplinary practices, which 6 prevents physicians and other providers, including psychologists, from 7 co-owning a practice and collaborating and coordinating on patient care. 8 Such restraints should not prevail, as they are no longer in keeping 9 with best practices in modern health care which espouse the integration 10 of behavioral and physical health. 11 S 2. Subdivision (a) of section 1203 of the limited liability company 12 law, as amended by chapter 554 of the laws of 2013, is amended to read 13 as follows: 14 (a) Notwithstanding the education law or any other provision of law, 15 one or more professionals each of whom is authorized by law to render a 16 professional service within the state, or one or more professionals, at 17 least one of whom is authorized by law to render a professional service 18 within the state, may form, or cause to be formed, a professional 19 service limited liability company for pecuniary profit under this arti- 20 cle for the purpose of rendering the professional service or services as 21 such professionals are authorized to practice. With respect to a profes- EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD07559-01-5 A. 6925 2 1 sional service limited liability company formed to provide medical 2 services as such services are defined in article 131 of the education 3 law, each member of such limited liability company must be licensed 4 pursuant to article 131 of the education law to practice medicine in 5 this state. With respect to a professional service limited liability 6 company formed to provide dental services as such services are defined 7 in article 133 of the education law, each member of such limited liabil- 8 ity company must be licensed pursuant to article 133 of the education 9 law to practice dentistry in this state. With respect to a professional 10 service limited liability company formed to provide veterinary services 11 as such services are defined in article 135 of the education law, each 12 member of such limited liability company must be licensed pursuant to 13 article 135 of the education law to practice veterinary medicine in this 14 state. With respect to a professional service limited liability company 15 formed to provide professional engineering, land surveying, architec- 16 tural and/or landscape architectural services as such services are 17 defined in article 145, article 147 and article 148 of the education 18 law, each member of such limited liability company must be licensed 19 pursuant to article 145, article 147 and/or article 148 of the education 20 law to practice one or more of such professions in this state. With 21 respect to a professional service limited liability company formed to 22 provide licensed clinical social work services as such services are 23 defined in article 154 of the education law, each member of such limited 24 liability company shall be licensed pursuant to article 154 of the 25 education law to practice licensed clinical social work in this state. 26 With respect to a professional service limited liability company formed 27 to provide creative arts therapy services as such services are defined 28 in article 163 of the education law, each member of such limited liabil- 29 ity company must be licensed pursuant to article 163 of the education 30 law to practice creative arts therapy in this state. With respect to a 31 professional service limited liability company formed to provide 32 marriage and family therapy services as such services are defined in 33 article 163 of the education law, each member of such limited liability 34 company must be licensed pursuant to article 163 of the education law to 35 practice marriage and family therapy in this state. With respect to a 36 professional service limited liability company formed to provide mental 37 health counseling services as such services are defined in article 163 38 of the education law, each member of such limited liability company must 39 be licensed pursuant to article 163 of the education law to practice 40 mental health counseling in this state. With respect to a professional 41 service limited liability company formed to provide psychoanalysis 42 services as such services are defined in article 163 of the education 43 law, each member of such limited liability company must be licensed 44 pursuant to article 163 of the education law to practice psychoanalysis 45 in this state. With respect to a professional service limited liability 46 company formed to provide applied behavior analysis services as such 47 services are defined in article 167 of the education law, each member of 48 such limited liability company must be licensed or certified pursuant to 49 article 167 of the education law to practice applied behavior analysis 50 in this state. In addition to engaging in such profession or 51 professions, a professional service limited liability company may engage 52 in any other business or activities as to which a limited liability 53 company may be formed under section two hundred one of this chapter. 54 Notwithstanding any other provision of this section, a professional 55 service limited liability company (i) authorized to practice law may 56 only engage in another profession or business or activities or (ii) A. 6925 3 1 which is engaged in a profession or other business or activities other 2 than law may only engage in the practice of law, to the extent not 3 prohibited by any other law of this state or any rule adopted by the 4 appropriate appellate division of the supreme court or the court of 5 appeals. NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION, WITH 6 RESPECT TO A LIMITED LIABILITY COMPANY FORMED TO PROVIDE INTEGRATED, 7 MULTIDISCIPLINARY MEDICAL AND PSYCHOLOGICAL SERVICES, AS SUCH SERVICES 8 ARE RESPECTIVELY DEFINED UNDER ARTICLES 131 AND 153 OF THE EDUCATION 9 LAW, (I) EACH MEMBER OF SUCH LIMITED LIABILITY COMPANY MUST BE LICENSED 10 PURSUANT TO ARTICLE 131 OR ARTICLE 153 OF THE EDUCATION LAW TO PRACTICE 11 HIS OR HER PROFESSION IN THIS STATE, (II) EACH MEMBER SHALL ONLY PRAC- 12 TICE HIS OR HER PROFESSION AS SPECIFIED IN HIS OR HER RESPECTIVE PROFES- 13 SIONAL ENABLING STATUTE UNDER ARTICLE 131 OR ARTICLE 153 OF THE EDUCA- 14 TION LAW, AND (III) THE CLINICAL INTEGRATION OF PROFESSIONAL PRACTICES 15 WITHIN AN INTEGRATED, MULTIDISCIPLINARY ENTITY ORGANIZED UNDER THIS 16 SECTION DOES NOT ALTER, EXPAND OR CURTAIL THE SCOPE OF PRACTICE OF ANY 17 OF THE INDIVIDUALS LICENSED UNDER THE STATUTE OF HIS OR HER RESPECTIVE 18 PROFESSIONAL ENABLING LAW, PROVIDED THAT: (A) MEMBERS LICENSED UNDER 19 ARTICLE 153 OF THE EDUCATION LAW, SHALL NOT, DIRECTLY OR INDIRECTLY, 20 INTERFERE WITH THE CLINICAL JUDGMENT OR LEGITIMATE CLINICAL PRACTICE OF 21 A PROFESSIONAL LICENSED UNDER ARTICLE 131, (B) MEMBERS LICENSED UNDER 22 ARTICLE 131 SHALL NOT, DIRECTLY OR INDIRECTLY, INTERFERE WITH THE CLIN- 23 ICAL JUDGMENT OR LEGITIMATE CLINICAL PRACTICE OF A PROFESSIONAL LICENSED 24 UNDER ARTICLE 153, AND (C) INDIVIDUALS LICENSED UNDER ARTICLE 131 MAY 25 NOT ORDER OR DIRECT A PROFESSIONAL LICENSED UNDER ARTICLE 153 OF THE 26 EDUCATION LAW TO PRACTICE BEYOND THE SCOPE OF HIS OR HER LICENSE UNDER 27 ARTICLE 153 OF THE EDUCATION LAW, EVEN IF SUPERVISED DIRECTLY OR INDI- 28 RECTLY BY A PROFESSIONAL LICENSED UNDER ARTICLE 131. 29 S 2-a. Subdivision (a) of section 1203 of the limited liability compa- 30 ny law, as amended by chapter 475 of the laws of 2014, is amended to 31 read as follows: 32 (a) Notwithstanding the education law or any other provision of law, 33 one or more professionals each of whom is authorized by law to render a 34 professional service within the state, or one or more professionals, at 35 least one of whom is authorized by law to render a professional service 36 within the state, may form, or cause to be formed, a professional 37 service limited liability company for pecuniary profit under this arti- 38 cle for the purpose of rendering the professional service or services as 39 such professionals are authorized to practice. With respect to a profes- 40 sional service limited liability company formed to provide medical 41 services as such services are defined in article 131 of the education 42 law, each member of such limited liability company must be licensed 43 pursuant to article 131 of the education law to practice medicine in 44 this state. With respect to a professional service limited liability 45 company formed to provide dental services as such services are defined 46 in article 133 of the education law, each member of such limited liabil- 47 ity company must be licensed pursuant to article 133 of the education 48 law to practice dentistry in this state. With respect to a professional 49 service limited liability company formed to provide veterinary services 50 as such services are defined in article 135 of the education law, each 51 member of such limited liability company must be licensed pursuant to 52 article 135 of the education law to practice veterinary medicine in this 53 state. With respect to a professional service limited liability company 54 formed to provide professional engineering, land surveying, architec- 55 tural, landscape architectural and/or geological services as such 56 services are defined in article 145, article 147 and article 148 of the A. 6925 4 1 education law, each member of such limited liability company must be 2 licensed pursuant to article 145, article 147 and/or article 148 of the 3 education law to practice one or more of such professions in this state. 4 With respect to a professional service limited liability company formed 5 to provide licensed clinical social work services as such services are 6 defined in article 154 of the education law, each member of such limited 7 liability company shall be licensed pursuant to article 154 of the 8 education law to practice licensed clinical social work in this state. 9 With respect to a professional service limited liability company formed 10 to provide creative arts therapy services as such services are defined 11 in article 163 of the education law, each member of such limited liabil- 12 ity company must be licensed pursuant to article 163 of the education 13 law to practice creative arts therapy in this state. With respect to a 14 professional service limited liability company formed to provide 15 marriage and family therapy services as such services are defined in 16 article 163 of the education law, each member of such limited liability 17 company must be licensed pursuant to article 163 of the education law to 18 practice marriage and family therapy in this state. With respect to a 19 professional service limited liability company formed to provide mental 20 health counseling services as such services are defined in article 163 21 of the education law, each member of such limited liability company must 22 be licensed pursuant to article 163 of the education law to practice 23 mental health counseling in this state. With respect to a professional 24 service limited liability company formed to provide psychoanalysis 25 services as such services are defined in article 163 of the education 26 law, each member of such limited liability company must be licensed 27 pursuant to article 163 of the education law to practice psychoanalysis 28 in this state. With respect to a professional service limited liability 29 company formed to provide applied behavior analysis services as such 30 services are defined in article 167 of the education law, each member of 31 such limited liability company must be licensed or certified pursuant to 32 article 167 of the education law to practice applied behavior analysis 33 in this state. In addition to engaging in such profession or 34 professions, a professional service limited liability company may engage 35 in any other business or activities as to which a limited liability 36 company may be formed under section two hundred one of this chapter. 37 Notwithstanding any other provision of this section, a professional 38 service limited liability company (i) authorized to practice law may 39 only engage in another profession or business or activities or (ii) 40 which is engaged in a profession or other business or activities other 41 than law may only engage in the practice of law, to the extent not 42 prohibited by any other law of this state or any rule adopted by the 43 appropriate appellate division of the supreme court or the court of 44 appeals. NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION, WITH 45 RESPECT TO A LIMITED LIABILITY COMPANY FORMED TO PROVIDE INTEGRATED, 46 MULTIDISCIPLINARY MEDICAL AND PSYCHOLOGICAL SERVICES, AS SUCH SERVICES 47 ARE RESPECTIVELY DEFINED UNDER ARTICLES 131 AND 153 OF THE EDUCATION 48 LAW, (I) EACH MEMBER OF SUCH LIMITED LIABILITY COMPANY MUST BE LICENSED 49 PURSUANT TO ARTICLE 131 OR ARTICLE 153 OF THE EDUCATION LAW TO PRACTICE 50 HIS OR HER PROFESSION IN THIS STATE, (II) EACH MEMBER SHALL ONLY PRAC- 51 TICE HIS OR HER PROFESSION AS SPECIFIED IN HIS OR HER RESPECTIVE PROFES- 52 SIONAL ENABLING STATUTE UNDER ARTICLE 131 OR ARTICLE 153 OF THE EDUCA- 53 TION LAW, AND (III) THE CLINICAL INTEGRATION OF PROFESSIONAL PRACTICES 54 WITHIN AN INTEGRATED, MULTIDISCIPLINARY ENTITY ORGANIZED UNDER THIS 55 SECTION DOES NOT ALTER, EXPAND OR CURTAIL THE SCOPE OF PRACTICE OF ANY 56 OF THE INDIVIDUALS LICENSED UNDER THE STATUTE OF HIS OR HER RESPECTIVE A. 6925 5 1 PROFESSIONAL ENABLING LAW, PROVIDED THAT: (A) MEMBERS LICENSED UNDER 2 ARTICLE 153 OF THE EDUCATION LAW, SHALL NOT, DIRECTLY OR INDIRECTLY, 3 INTERFERE WITH THE CLINICAL JUDGMENT OR LEGITIMATE CLINICAL PRACTICE OF 4 A PROFESSIONAL LICENSED UNDER ARTICLE 131, (B) MEMBERS LICENSED UNDER 5 ARTICLE 131 SHALL NOT, DIRECTLY OR INDIRECTLY, INTERFERE WITH THE CLIN- 6 ICAL JUDGMENT OR LEGITIMATE CLINICAL PRACTICE OF A PROFESSIONAL LICENSED 7 UNDER ARTICLE 153, AND (C) INDIVIDUALS LICENSED UNDER ARTICLE 131 MAY 8 NOT ORDER OR DIRECT A PROFESSIONAL LICENSED UNDER ARTICLE 153 OF THE 9 EDUCATION LAW TO PRACTICE BEYOND THE SCOPE OF HIS OR HER LICENSE UNDER 10 ARTICLE 153 OF THE EDUCATION LAW, EVEN IF SUPERVISED DIRECTLY OR INDI- 11 RECTLY BY A PROFESSIONAL LICENSED UNDER ARTICLE 131. 12 S 3. Subdivision (b) of section 1207 of the limited liability company 13 law, as amended by chapter 554 of the laws of 2013, is amended to read 14 as follows: 15 (b) With respect to a professional service limited liability company 16 formed to provide medical services as such services are defined in arti- 17 cle 131 of the education law, each member of such limited liability 18 company must be licensed pursuant to article 131 of the education law to 19 practice medicine in this state. With respect to a professional service 20 limited liability company formed to provide dental services as such 21 services are defined in article 133 of the education law, each member of 22 such limited liability company must be licensed pursuant to article 133 23 of the education law to practice dentistry in this state. With respect 24 to a professional service limited liability company formed to provide 25 veterinary services as such services are defined in article 135 of the 26 education law, each member of such limited liability company must be 27 licensed pursuant to article 135 of the education law to practice veter- 28 inary medicine in this state. With respect to a professional service 29 limited liability company formed to provide professional engineering, 30 land surveying, architectural and/or landscape architectural services as 31 such services are defined in article 145, article 147 and article 148 of 32 the education law, each member of such limited liability company must be 33 licensed pursuant to article 145, article 147 and/or article 148 of the 34 education law to practice one or more of such professions in this state. 35 With respect to a professional service limited liability company formed 36 to provide licensed clinical social work services as such services are 37 defined in article 154 of the education law, each member of such limited 38 liability company shall be licensed pursuant to article 154 of the 39 education law to practice licensed clinical social work in this state. 40 With respect to a professional service limited liability company formed 41 to provide creative arts therapy services as such services are defined 42 in article 163 of the education law, each member of such limited liabil- 43 ity company must be licensed pursuant to article 163 of the education 44 law to practice creative arts therapy in this state. With respect to a 45 professional service limited liability company formed to provide 46 marriage and family therapy services as such services are defined in 47 article 163 of the education law, each member of such limited liability 48 company must be licensed pursuant to article 163 of the education law to 49 practice marriage and family therapy in this state. With respect to a 50 professional service limited liability company formed to provide mental 51 health counseling services as such services are defined in article 163 52 of the education law, each member of such limited liability company must 53 be licensed pursuant to article 163 of the education law to practice 54 mental health counseling in this state. With respect to a professional 55 service limited liability company formed to provide psychoanalysis 56 services as such services are defined in article 163 of the education A. 6925 6 1 law, each member of such limited liability company must be licensed 2 pursuant to article 163 of the education law to practice psychoanalysis 3 in this state. With respect to a professional service limited liability 4 company formed to provide applied behavior analysis services as such 5 services are defined in article 167 of the education law, each member of 6 such limited liability company must be licensed or certified pursuant to 7 article 167 of the education law to practice applied behavior analysis 8 in this state. NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION, WITH 9 RESPECT TO A PROFESSIONAL SERVICE LIMITED LIABILITY COMPANY FORMED TO 10 PROVIDE INTEGRATED, MULTIDISCIPLINARY MEDICAL AND PSYCHOLOGICAL 11 SERVICES, AS SUCH SERVICES ARE RESPECTIVELY DEFINED UNDER ARTICLES 131 12 AND 153 OF THE EDUCATION LAW, (I) EACH MEMBER OF SUCH LIMITED LIABILITY 13 COMPANY MUST BE LICENSED PURSUANT TO ARTICLE 131 OR ARTICLE 153 OF THE 14 EDUCATION LAW TO PRACTICE HIS OR HER PROFESSION IN THIS STATE, (II) EACH 15 MEMBER SHALL ONLY PRACTICE HIS OR HER PROFESSION AS SPECIFIED IN HIS OR 16 HER RESPECTIVE PROFESSIONAL ENABLING STATUTE UNDER ARTICLE 131 OR ARTI- 17 CLE 153 OF THE EDUCATION LAW, AND (III) THE CLINICAL INTEGRATION OF 18 PROFESSIONAL PRACTICES WITHIN AN INTEGRATED, MULTIDISCIPLINARY ENTITY 19 ORGANIZED UNDER THIS SECTION DOES NOT ALTER, EXPAND OR CURTAIL THE SCOPE 20 OF PRACTICE OF ANY OF THE INDIVIDUALS LICENSED UNDER THE STATUTE OF HIS 21 OR HER RESPECTIVE PROFESSIONAL ENABLING LAW, PROVIDED THAT: (A) MEMBERS 22 LICENSED UNDER ARTICLE 153 OF THE EDUCATION LAW, SHALL NOT, DIRECTLY OR 23 INDIRECTLY, INTERFERE WITH THE CLINICAL JUDGMENT OR LEGITIMATE CLINICAL 24 PRACTICE OF A PROFESSIONAL LICENSED UNDER ARTICLE 131, (B) MEMBERS 25 LICENSED UNDER ARTICLE 131 SHALL NOT, DIRECTLY OR INDIRECTLY, INTERFERE 26 WITH THE CLINICAL JUDGMENT OR LEGITIMATE CLINICAL PRACTICE OF A PROFES- 27 SIONAL LICENSED UNDER ARTICLE 153, AND (C) INDIVIDUALS LICENSED UNDER 28 ARTICLE 131 MAY NOT ORDER OR DIRECT A PROFESSIONAL LICENSED UNDER ARTI- 29 CLE 153 OF THE EDUCATION LAW TO PRACTICE BEYOND THE SCOPE OF HIS OR HER 30 LICENSE UNDER ARTICLE 153 OF THE EDUCATION LAW, EVEN IF SUPERVISED 31 DIRECTLY OR INDIRECTLY BY A PROFESSIONAL LICENSED UNDER ARTICLE 131. 32 S 3-a. Subdivision (b) of section 1207 of the limited liability compa- 33 ny law, as amended by chapter 475 of the laws of 2014, is amended to 34 read as follows: 35 (b) With respect to a professional service limited liability company 36 formed to provide medical services as such services are defined in arti- 37 cle 131 of the education law, each member of such limited liability 38 company must be licensed pursuant to article 131 of the education law to 39 practice medicine in this state. With respect to a professional service 40 limited liability company formed to provide dental services as such 41 services are defined in article 133 of the education law, each member of 42 such limited liability company must be licensed pursuant to article 133 43 of the education law to practice dentistry in this state. With respect 44 to a professional service limited liability company formed to provide 45 veterinary services as such services are defined in article 135 of the 46 education law, each member of such limited liability company must be 47 licensed pursuant to article 135 of the education law to practice veter- 48 inary medicine in this state. With respect to a professional service 49 limited liability company formed to provide professional engineering, 50 land surveying, architectural, landscape architectural and/or geological 51 services as such services are defined in article 145, article 147 and 52 article 148 of the education law, each member of such limited liability 53 company must be licensed pursuant to article 145, article 147 and/or 54 article 148 of the education law to practice one or more of such 55 professions in this state. With respect to a professional service limit- 56 ed liability company formed to provide licensed clinical social work A. 6925 7 1 services as such services are defined in article 154 of the education 2 law, each member of such limited liability company shall be licensed 3 pursuant to article 154 of the education law to practice licensed clin- 4 ical social work in this state. With respect to a professional service 5 limited liability company formed to provide creative arts therapy 6 services as such services are defined in article 163 of the education 7 law, each member of such limited liability company must be licensed 8 pursuant to article 163 of the education law to practice creative arts 9 therapy in this state. With respect to a professional service limited 10 liability company formed to provide marriage and family therapy services 11 as such services are defined in article 163 of the education law, each 12 member of such limited liability company must be licensed pursuant to 13 article 163 of the education law to practice marriage and family therapy 14 in this state. With respect to a professional service limited liability 15 company formed to provide mental health counseling services as such 16 services are defined in article 163 of the education law, each member of 17 such limited liability company must be licensed pursuant to article 163 18 of the education law to practice mental health counseling in this state. 19 With respect to a professional service limited liability company formed 20 to provide psychoanalysis services as such services are defined in arti- 21 cle 163 of the education law, each member of such limited liability 22 company must be licensed pursuant to article 163 of the education law to 23 practice psychoanalysis in this state. With respect to a professional 24 service limited liability company formed to provide applied behavior 25 analysis services as such services are defined in article 167 of the 26 education law, each member of such limited liability company must be 27 licensed or certified pursuant to article 167 of the education law to 28 practice applied behavior analysis in this state. NOTWITHSTANDING ANY 29 OTHER PROVISION OF THIS SECTION, WITH RESPECT TO A PROFESSIONAL SERVICE 30 LIMITED LIABILITY COMPANY FORMED TO PROVIDE INTEGRATED, MULTIDISCIPLI- 31 NARY MEDICAL AND PSYCHOLOGICAL SERVICES, AS SUCH SERVICES ARE RESPEC- 32 TIVELY DEFINED UNDER ARTICLES 131 AND 153 OF THE EDUCATION LAW, (I) EACH 33 MEMBER OF SUCH LIMITED LIABILITY COMPANY MUST BE LICENSED PURSUANT TO 34 ARTICLE 131 OR ARTICLE 153 OF THE EDUCATION LAW TO PRACTICE HIS OR HER 35 PROFESSION IN THIS STATE, (II) EACH MEMBER SHALL ONLY PRACTICE HIS OR 36 HER PROFESSION AS SPECIFIED IN HIS OR HER RESPECTIVE PROFESSIONAL ENABL- 37 ING STATUTE UNDER ARTICLE 131 OR ARTICLE 153 OF THE EDUCATION LAW, AND 38 (III) THE CLINICAL INTEGRATION OF PROFESSIONAL PRACTICES WITHIN AN INTE- 39 GRATED, MULTIDISCIPLINARY ENTITY ORGANIZED UNDER THIS SECTION DOES NOT 40 ALTER, EXPAND OR CURTAIL THE SCOPE OF PRACTICE OF ANY OF THE INDIVIDUALS 41 LICENSED UNDER THE STATUTE OF HIS OR HER RESPECTIVE PROFESSIONAL ENABL- 42 ING LAW, PROVIDED THAT: (A) MEMBERS LICENSED UNDER ARTICLE 153 OF THE 43 EDUCATION LAW, SHALL NOT, DIRECTLY OR INDIRECTLY, INTERFERE WITH THE 44 CLINICAL JUDGMENT OR LEGITIMATE CLINICAL PRACTICE OF A PROFESSIONAL 45 LICENSED UNDER ARTICLE 131, (B) MEMBERS LICENSED UNDER ARTICLE 131 SHALL 46 NOT, DIRECTLY OR INDIRECTLY, INTERFERE WITH THE CLINICAL JUDGMENT OR 47 LEGITIMATE CLINICAL PRACTICE OF A PROFESSIONAL LICENSED UNDER ARTICLE 48 153, AND (C) INDIVIDUALS LICENSED UNDER ARTICLE 131 MAY NOT ORDER OR 49 DIRECT A PROFESSIONAL LICENSED UNDER ARTICLE 153 OF THE EDUCATION LAW TO 50 PRACTICE BEYOND THE SCOPE OF HIS OR HER LICENSE UNDER ARTICLE 153 OF THE 51 EDUCATION LAW, EVEN IF SUPERVISED DIRECTLY OR INDIRECTLY BY A PROFES- 52 SIONAL LICENSED UNDER ARTICLE 131. 53 S 4. Subdivision (a) of section 1301 of the limited liability company 54 law, as amended by chapter 554 of the laws of 2013, is amended to read 55 as follows: A. 6925 8 1 (a) "Foreign professional service limited liability company" means a 2 professional service limited liability company, whether or not denomi- 3 nated as such, organized under the laws of a jurisdiction other than 4 this state, (i) each of whose members and managers, if any, is a profes- 5 sional authorized by law to render a professional service within this 6 state and who is or has been engaged in the practice of such profession 7 in such professional service limited liability company or a predecessor 8 entity, or will engage in the practice of such profession in the profes- 9 sional service limited liability company within thirty days of the date 10 such professional becomes a member, or each of whose members and manag- 11 ers, if any, is a professional at least one of such members is author- 12 ized by law to render a professional service within this state and who 13 is or has been engaged in the practice of such profession in such 14 professional service limited liability company or a predecessor entity, 15 or will engage in the practice of such profession in the professional 16 service limited liability company within thirty days of the date such 17 professional becomes a member, or (ii) authorized by, or holding a 18 license, certificate, registration or permit issued by the licensing 19 authority pursuant to, the education law to render a professional 20 service within this state; except that all members and managers, if any, 21 of a foreign professional service limited liability company that 22 provides health services in this state shall be licensed in this state. 23 With respect to a foreign professional service limited liability company 24 which provides veterinary services as such services are defined in arti- 25 cle 135 of the education law, each member of such foreign professional 26 service limited liability company shall be licensed pursuant to article 27 135 of the education law to practice veterinary medicine. With respect 28 to a foreign professional service limited liability company which 29 provides medical services as such services are defined in article 131 of 30 the education law, each member of such foreign professional service 31 limited liability company must be licensed pursuant to article 131 of 32 the education law to practice medicine in this state. With respect to a 33 foreign professional service limited liability company which provides 34 dental services as such services are defined in article 133 of the 35 education law, each member of such foreign professional service limited 36 liability company must be licensed pursuant to article 133 of the educa- 37 tion law to practice dentistry in this state. With respect to a foreign 38 professional service limited liability company which provides profes- 39 sional engineering, land surveying, architectural and/or landscape 40 architectural services as such services are defined in article 145, 41 article 147 and article 148 of the education law, each member of such 42 foreign professional service limited liability company must be licensed 43 pursuant to article 145, article 147 and/or article 148 of the education 44 law to practice one or more of such professions in this state. With 45 respect to a foreign professional service limited liability company 46 which provides licensed clinical social work services as such services 47 are defined in article 154 of the education law, each member of such 48 foreign professional service limited liability company shall be licensed 49 pursuant to article 154 of the education law to practice clinical social 50 work in this state. With respect to a foreign professional service 51 limited liability company which provides creative arts therapy services 52 as such services are defined in article 163 of the education law, each 53 member of such foreign professional service limited liability company 54 must be licensed pursuant to article 163 of the education law to prac- 55 tice creative arts therapy in this state. With respect to a foreign 56 professional service limited liability company which provides marriage A. 6925 9 1 and family therapy services as such services are defined in article 163 2 of the education law, each member of such foreign professional service 3 limited liability company must be licensed pursuant to article 163 of 4 the education law to practice marriage and family therapy in this state. 5 With respect to a foreign professional service limited liability company 6 which provides mental health counseling services as such services are 7 defined in article 163 of the education law, each member of such foreign 8 professional service limited liability company must be licensed pursuant 9 to article 163 of the education law to practice mental health counseling 10 in this state. With respect to a foreign professional service limited 11 liability company which provides psychoanalysis services as such 12 services are defined in article 163 of the education law, each member of 13 such foreign professional service limited liability company must be 14 licensed pursuant to article 163 of the education law to practice 15 psychoanalysis in this state. With respect to a foreign professional 16 service limited liability company which provides applied behavior analy- 17 sis services as such services are defined in article 167 of the educa- 18 tion law, each member of such foreign professional service limited 19 liability company must be licensed or certified pursuant to article 167 20 of the education law to practice applied behavior analysis in this 21 state. WITH RESPECT TO A FOREIGN PROFESSIONAL SERVICE LIMITED LIABILITY 22 COMPANY FORMED TO PROVIDE INTEGRATED, MULTIDISCIPLINARY MEDICAL AND 23 PSYCHOLOGICAL SERVICES, AS SUCH SERVICES ARE RESPECTIVELY DEFINED UNDER 24 ARTICLE 131 AND ARTICLE 153 OF THE EDUCATION LAW, (I) EACH MEMBER OF 25 SUCH LIMITED LIABILITY COMPANY MUST BE LICENSED PURSUANT TO ARTICLE 131 26 OR ARTICLE 153 OF THE EDUCATION LAW TO PRACTICE HIS OR HER PROFESSION IN 27 THIS STATE, (II) EACH MEMBER SHALL ONLY PRACTICE HIS OR HER PROFESSION 28 AS SPECIFIED IN HIS OR HER RESPECTIVE PROFESSIONAL ENABLING STATUTE 29 UNDER ARTICLE 131 OR ARTICLE 153 OF THE EDUCATION LAW, AND (III) THE 30 CLINICAL INTEGRATION OF PROFESSIONAL PRACTICES WITHIN AN INTEGRATED, 31 MULTIDISCIPLINARY ENTITY ORGANIZED UNDER THIS SECTION DOES NOT ALTER, 32 EXPAND OR CURTAIL THE SCOPE OF PRACTICE OF ANY OF THE INDIVIDUALS 33 LICENSED UNDER THE STATUTE OF HIS OR HER RESPECTIVE PROFESSIONAL ENABL- 34 ING LAW, PROVIDED THAT: (A) MEMBERS LICENSED UNDER ARTICLE 153 OF THE 35 EDUCATION LAW, SHALL NOT, DIRECTLY OR INDIRECTLY, INTERFERE WITH THE 36 CLINICAL JUDGMENT OR LEGITIMATE CLINICAL PRACTICE OF A PROFESSIONAL 37 LICENSED UNDER ARTICLE 131, (B) MEMBERS LICENSED UNDER ARTICLE 131 SHALL 38 NOT, DIRECTLY OR INDIRECTLY, INTERFERE WITH THE CLINICAL JUDGMENT OR 39 LEGITIMATE CLINICAL PRACTICE OF A PROFESSIONAL LICENSED UNDER ARTICLE 40 153, AND (C) INDIVIDUALS LICENSED UNDER ARTICLE 131 MAY NOT ORDER OR 41 DIRECT A PROFESSIONAL LICENSED UNDER ARTICLE 153 OF THE EDUCATION LAW TO 42 PRACTICE BEYOND THE SCOPE OF HIS OR HER LICENSE UNDER ARTICLE 153 OF THE 43 EDUCATION LAW, EVEN IF SUPERVISED DIRECTLY OR INDIRECTLY BY A PROFES- 44 SIONAL LICENSED UNDER ARTICLE 131. 45 S 4-a. Subdivision (a) of section 1301 of the limited liability compa- 46 ny law, as amended by chapter 475 of the laws of 2014, is amended to 47 read as follows: 48 (a) "Foreign professional service limited liability company" means a 49 professional service limited liability company, whether or not denomi- 50 nated as such, organized under the laws of a jurisdiction other than 51 this state, (i) each of whose members and managers, if any, is a profes- 52 sional authorized by law to render a professional service within this 53 state and who is or has been engaged in the practice of such profession 54 in such professional service limited liability company or a predecessor 55 entity, or will engage in the practice of such profession in the profes- 56 sional service limited liability company within thirty days of the date A. 6925 10 1 such professional becomes a member, or each of whose members and manag- 2 ers, if any, is a professional at least one of such members is author- 3 ized by law to render a professional service within this state and who 4 is or has been engaged in the practice of such profession in such 5 professional service limited liability company or a predecessor entity, 6 or will engage in the practice of such profession in the professional 7 service limited liability company within thirty days of the date such 8 professional becomes a member, or (ii) authorized by, or holding a 9 license, certificate, registration or permit issued by the licensing 10 authority pursuant to, the education law to render a professional 11 service within this state; except that all members and managers, if any, 12 of a foreign professional service limited liability company that 13 provides health services in this state shall be licensed in this state. 14 With respect to a foreign professional service limited liability company 15 which provides veterinary services as such services are defined in arti- 16 cle 135 of the education law, each member of such foreign professional 17 service limited liability company shall be licensed pursuant to article 18 135 of the education law to practice veterinary medicine. With respect 19 to a foreign professional service limited liability company which 20 provides medical services as such services are defined in article 131 of 21 the education law, each member of such foreign professional service 22 limited liability company must be licensed pursuant to article 131 of 23 the education law to practice medicine in this state. With respect to a 24 foreign professional service limited liability company which provides 25 dental services as such services are defined in article 133 of the 26 education law, each member of such foreign professional service limited 27 liability company must be licensed pursuant to article 133 of the educa- 28 tion law to practice dentistry in this state. With respect to a foreign 29 professional service limited liability company which provides profes- 30 sional engineering, land surveying, geologic, architectural and/or land- 31 scape architectural services as such services are defined in article 32 145, article 147 and article 148 of the education law, each member of 33 such foreign professional service limited liability company must be 34 licensed pursuant to article 145, article 147 and/or article 148 of the 35 education law to practice one or more of such professions in this state. 36 With respect to a foreign professional service limited liability company 37 which provides licensed clinical social work services as such services 38 are defined in article 154 of the education law, each member of such 39 foreign professional service limited liability company shall be licensed 40 pursuant to article 154 of the education law to practice clinical social 41 work in this state. With respect to a foreign professional service 42 limited liability company which provides creative arts therapy services 43 as such services are defined in article 163 of the education law, each 44 member of such foreign professional service limited liability company 45 must be licensed pursuant to article 163 of the education law to prac- 46 tice creative arts therapy in this state. With respect to a foreign 47 professional service limited liability company which provides marriage 48 and family therapy services as such services are defined in article 163 49 of the education law, each member of such foreign professional service 50 limited liability company must be licensed pursuant to article 163 of 51 the education law to practice marriage and family therapy in this state. 52 With respect to a foreign professional service limited liability company 53 which provides mental health counseling services as such services are 54 defined in article 163 of the education law, each member of such foreign 55 professional service limited liability company must be licensed pursuant 56 to article 163 of the education law to practice mental health counseling A. 6925 11 1 in this state. With respect to a foreign professional service limited 2 liability company which provides psychoanalysis services as such 3 services are defined in article 163 of the education law, each member of 4 such foreign professional service limited liability company must be 5 licensed pursuant to article 163 of the education law to practice 6 psychoanalysis in this state. With respect to a foreign professional 7 service limited liability company which provides applied behavior analy- 8 sis services as such services are defined in article 167 of the educa- 9 tion law, each member of such foreign professional service limited 10 liability company must be licensed or certified pursuant to article 167 11 of the education law to practice applied behavior analysis in this 12 state. WITH RESPECT TO A FOREIGN PROFESSIONAL SERVICE LIMITED LIABILITY 13 COMPANY FORMED TO PROVIDE INTEGRATED, MULTIDISCIPLINARY MEDICAL AND 14 PSYCHOLOGICAL SERVICES, AS SUCH SERVICES ARE RESPECTIVELY DEFINED UNDER 15 ARTICLE 131 AND ARTICLE 153 OF THE EDUCATION LAW, (I) EACH MEMBER OF 16 SUCH LIMITED LIABILITY COMPANY MUST BE LICENSED PURSUANT TO ARTICLE 131 17 OR ARTICLE 153 OF THE EDUCATION LAW TO PRACTICE HIS OR HER PROFESSION IN 18 THIS STATE, (II) EACH MEMBER SHALL ONLY PRACTICE HIS OR HER PROFESSION 19 AS SPECIFIED IN HIS OR HER RESPECTIVE PROFESSIONAL ENABLING STATUTE 20 UNDER ARTICLE 131 OR ARTICLE 153 OF THE EDUCATION LAW, AND (III) THE 21 CLINICAL INTEGRATION OF PROFESSIONAL PRACTICES WITHIN AN INTEGRATED, 22 MULTIDISCIPLINARY ENTITY ORGANIZED UNDER THIS SECTION DOES NOT ALTER, 23 EXPAND OR CURTAIL THE SCOPE OF PRACTICE OF ANY OF THE INDIVIDUALS 24 LICENSED UNDER THE STATUTE OF HIS OR HER RESPECTIVE PROFESSIONAL ENABL- 25 ING LAW, PROVIDED THAT: (A) MEMBERS LICENSED UNDER ARTICLE 153 OF THE 26 EDUCATION LAW, SHALL NOT, DIRECTLY OR INDIRECTLY, INTERFERE WITH THE 27 CLINICAL JUDGMENT OR LEGITIMATE CLINICAL PRACTICE OF A PROFESSIONAL 28 LICENSED UNDER ARTICLE 131, (B) MEMBERS LICENSED UNDER ARTICLE 131 SHALL 29 NOT, DIRECTLY OR INDIRECTLY, INTERFERE WITH THE CLINICAL JUDGMENT OR 30 LEGITIMATE CLINICAL PRACTICE OF A PROFESSIONAL LICENSED UNDER ARTICLE 31 153, AND (C) INDIVIDUALS LICENSED UNDER ARTICLE 131 MAY NOT ORDER OR 32 DIRECT A PROFESSIONAL LICENSED UNDER ARTICLE 153 OF THE EDUCATION LAW TO 33 PRACTICE BEYOND THE SCOPE OF HIS OR HER LICENSE UNDER ARTICLE 153 OF THE 34 EDUCATION LAW, EVEN IF SUPERVISED DIRECTLY OR INDIRECTLY BY A PROFES- 35 SIONAL LICENSED UNDER ARTICLE 131. 36 S 5. Paragraph (a) of section 1503 of the business corporation law, as 37 amended by chapter 550 of the laws of 2011, is amended to read as 38 follows: 39 (a) Notwithstanding any other provision of law, (I) one or more indi- 40 viduals duly authorized by law to render the same professional service 41 within the state may organize, or cause to be organized, a professional 42 service corporation for pecuniary profit under this article for the 43 purpose of rendering the same professional service, except that one or 44 more individuals duly authorized by law to practice professional engi- 45 neering, architecture, landscape architecture or land surveying within 46 the state may organize, or cause to be organized, a professional service 47 corporation or a design professional service corporation for pecuniary 48 profit under this article for the purpose of rendering such professional 49 services as such individuals are authorized to practice, AND, (II) ONE 50 OR MORE INDIVIDUALS DULY LICENSED TO PRACTICE MEDICINE AND ONE OR MORE 51 PSYCHOLOGISTS LICENSED UNDER ARTICLE ONE HUNDRED FIFTY-THREE OF THE 52 EDUCATION LAW, WHO MAY BE BOARD CERTIFIED OR QUALIFIED BY HIS OR HER 53 RESPECTIVE PROFESSIONAL SPECIALTY BOARDS, MAY ORGANIZE, OR CAUSE TO BE 54 ORGANIZED, FOR BUSINESS PURPOSES ONLY, A MULTIDISCIPLINARY PROFESSIONAL 55 SERVICE CORPORATION FORMED FOR PECUNIARY PROFIT UNDER THIS ARTICLE FOR 56 THE PURPOSE OF RENDERING INTEGRATED AND NON-INTEGRATED PROFESSIONAL A. 6925 12 1 SERVICES WITHIN SUCH A CORPORATION AS SUCH INDIVIDUALS ARE AUTHORIZED TO 2 PRACTICE INDIVIDUALLY IN HIS OR HER RESPECTIVE PROFESSIONS, PROVIDED 3 THAT THE CLINICAL INTEGRATION OF PROFESSIONAL PRACTICES WITHIN AN ENTITY 4 ORGANIZED UNDER THIS SECTION DOES NOT ALTER, EXPAND OR CURTAIL THE SCOPE 5 OF PRACTICE OF ANY OF THE INDIVIDUALS LICENSED UNDER THE STATUTE OF HIS 6 OR HER RESPECTIVE PROFESSIONAL ENABLING LAW; THAT THE CLINICAL JUDGMENT, 7 MANAGEMENT AND CLINICAL DECISION-MAKING OF ONE OR MORE ARTICLE ONE 8 HUNDRED THIRTY-ONE PROVIDERS IN AN INTEGRATED, MULTIDISCIPLINARY PRAC- 9 TICE SHALL BE CONTROLLING; THAT MEMBERS LICENSED UNDER ARTICLE ONE 10 HUNDRED FIFTY-THREE OF THE EDUCATION LAW, SHALL NOT, DIRECTLY OR INDI- 11 RECTLY, INTERFERE WITH THE CLINICAL JUDGMENT OR LEGITIMATE CLINICAL 12 PRACTICE OF A PROFESSIONAL LICENSED UNDER ARTICLE ONE HUNDRED 13 THIRTY-ONE; AND THAT INDIVIDUALS LICENSED UNDER ARTICLE ONE HUNDRED 14 THIRTY-ONE MAY NOT ORDER OR DIRECT A PROFESSIONAL LICENSED UNDER ARTICLE 15 ONE HUNDRED FIFTY-THREE OF THE EDUCATION LAW TO PRACTICE BEYOND THE 16 SCOPE OF HIS OR HER LICENSE UNDER ARTICLE ONE HUNDRED FIFTY-THREE OF THE 17 EDUCATION LAW IN A PROFESSIONAL SERVICE LIMITED LIABILITY COMPANY, EVEN 18 IF SUPERVISED DIRECTLY OR INDIRECTLY BY A PROFESSIONAL LICENSED UNDER 19 ARTICLE ONE HUNDRED THIRTY-ONE. 20 S 5-a. Paragraph (a) of section 1503 of the business corporation law, 21 as amended by chapter 475 of the laws of 2014, is amended to read as 22 follows: 23 (a) Notwithstanding any other provision of law, (I) one or more indi- 24 viduals duly authorized by law to render the same professional service 25 within the state may organize, or cause to be organized, a professional 26 service corporation for pecuniary profit under this article for the 27 purpose of rendering the same professional service, except that one or 28 more individuals duly authorized by law to practice professional engi- 29 neering, architecture, landscape architecture, land surveying or geology 30 within the state may organize, or cause to be organized, a professional 31 service corporation or a design professional service corporation for 32 pecuniary profit under this article for the purpose of rendering such 33 professional services as such individuals are authorized to practice, 34 AND, (II) ONE OR MORE INDIVIDUALS DULY LICENSED TO PRACTICE MEDICINE AND 35 ONE OR MORE PSYCHOLOGISTS LICENSED UNDER ARTICLE ONE HUNDRED FIFTY-THREE 36 OF THE EDUCATION LAW, WHO MAY BE BOARD CERTIFIED OR QUALIFIED BY HIS OR 37 HER RESPECTIVE PROFESSIONAL SPECIALTY BOARDS, MAY ORGANIZE, OR CAUSE TO 38 BE ORGANIZED, FOR BUSINESS PURPOSES ONLY, A MULTIDISCIPLINARY PROFES- 39 SIONAL SERVICE CORPORATION FORMED FOR PECUNIARY PROFIT UNDER THIS ARTI- 40 CLE FOR THE PURPOSE OF RENDERING INTEGRATED AND NON-INTEGRATED PROFES- 41 SIONAL SERVICES WITHIN SUCH A CORPORATION AS SUCH INDIVIDUALS ARE 42 AUTHORIZED TO PRACTICE INDIVIDUALLY IN HIS OR HER RESPECTIVE 43 PROFESSIONS, PROVIDED THAT THE CLINICAL INTEGRATION OF PROFESSIONAL 44 PRACTICES WITHIN AN ENTITY ORGANIZED UNDER THIS SECTION DOES NOT ALTER, 45 EXPAND OR CURTAIL THE SCOPE OF PRACTICE OF ANY OF THE INDIVIDUALS 46 LICENSED UNDER THE STATUTE OF HIS OR HER RESPECTIVE PROFESSIONAL ENABL- 47 ING LAW; THAT THE CLINICAL JUDGMENT, MANAGEMENT AND CLINICAL 48 DECISION-MAKING OF ONE OR MORE ARTICLE ONE HUNDRED THIRTY-ONE PROVIDERS 49 IN AN INTEGRATED, MULTIDISCIPLINARY PRACTICE SHALL BE CONTROLLING; THAT 50 MEMBERS LICENSED UNDER ARTICLE ONE HUNDRED FIFTY-THREE OF THE EDUCATION 51 LAW, SHALL NOT, DIRECTLY OR INDIRECTLY, INTERFERE WITH THE CLINICAL 52 JUDGMENT OR LEGITIMATE CLINICAL PRACTICE OF A PROFESSIONAL LICENSED 53 UNDER ARTICLE ONE HUNDRED THIRTY-ONE; AND THAT INDIVIDUALS LICENSED 54 UNDER ARTICLE ONE HUNDRED THIRTY-ONE MAY NOT ORDER OR DIRECT A PROFES- 55 SIONAL LICENSED UNDER ARTICLE ONE HUNDRED FIFTY-THREE OF THE EDUCATION 56 LAW TO PRACTICE BEYOND THE SCOPE OF HIS OR HER LICENSE UNDER ARTICLE ONE A. 6925 13 1 HUNDRED FIFTY-THREE OF THE EDUCATION LAW IN A PROFESSIONAL SERVICE 2 LIMITED LIABILITY COMPANY, EVEN IF SUPERVISED DIRECTLY OR INDIRECTLY BY 3 A PROFESSIONAL LICENSED UNDER ARTICLE ONE HUNDRED THIRTY-ONE. 4 S 6. Subdivision (q) of section 121-1500 of the partnership law, as 5 amended by chapter 554 of the laws of 2013, is amended to read as 6 follows: 7 (q) Each partner of a registered limited liability partnership formed 8 to provide medical services in this state must be licensed pursuant to 9 article 131 of the education law to practice medicine in this state and 10 each partner of a registered limited liability partnership formed to 11 provide dental services in this state must be licensed pursuant to arti- 12 cle 133 of the education law to practice dentistry in this state. Each 13 partner of a registered limited liability partnership formed to provide 14 veterinary services in this state must be licensed pursuant to article 15 135 of the education law to practice veterinary medicine in this state. 16 Each partner of a registered limited liability partnership formed to 17 provide professional engineering, land surveying, architectural and/or 18 landscape architectural services in this state must be licensed pursuant 19 to article 145, article 147 and/or article 148 of the education law to 20 practice one or more of such professions in this state. Each partner of 21 a registered limited liability partnership formed to provide licensed 22 clinical social work services in this state must be licensed pursuant to 23 article 154 of the education law to practice clinical social work in 24 this state. Each partner of a registered limited liability partnership 25 formed to provide creative arts therapy services in this state must be 26 licensed pursuant to article 163 of the education law to practice crea- 27 tive arts therapy in this state. Each partner of a registered limited 28 liability partnership formed to provide marriage and family therapy 29 services in this state must be licensed pursuant to article 163 of the 30 education law to practice marriage and family therapy in this state. 31 Each partner of a registered limited liability partnership formed to 32 provide mental health counseling services in this state must be licensed 33 pursuant to article 163 of the education law to practice mental health 34 counseling in this state. Each partner of a registered limited liability 35 partnership formed to provide psychoanalysis services in this state must 36 be licensed pursuant to article 163 of the education law to practice 37 psychoanalysis in this state. Each partner of a registered limited 38 liability partnership formed to provide applied behavior analysis 39 service in this state must be licensed or certified pursuant to article 40 167 of the education law to practice applied behavior analysis in this 41 state. EACH PARTNER OF A REGISTERED LIMITED LIABILITY PARTNERSHIP 42 FORMED TO PROVIDE INTEGRATED, MULTIDISCIPLINARY MEDICAL AND PSYCHOLOG- 43 ICAL SERVICES, AS SUCH SERVICES ARE RESPECTIVELY DEFINED UNDER ARTICLE 44 131 AND ARTICLE 153 OF THE EDUCATION LAW, (I) MUST BE LICENSED PURSUANT 45 TO ARTICLE 131 OR ARTICLE 153 OF THE EDUCATION LAW TO PRACTICE HIS OR 46 HER PROFESSION IN THIS STATE, (II) SHALL ONLY PRACTICE HIS OR HER 47 PROFESSION AS SPECIFIED IN HIS OR HER RESPECTIVE PROFESSIONAL ENABLING 48 STATUTE UNDER ARTICLE 131 OR ARTICLE 153 OF THE EDUCATION LAW, AND (III) 49 THE CLINICAL INTEGRATION OF PROFESSIONAL PRACTICES WITHIN AN INTEGRATED, 50 MULTI-DISCIPLINARY ENTITY ORGANIZED UNDER THIS SECTION DOES NOT ALTER, 51 EXPAND OR CURTAIL THE SCOPE OF PRACTICE OF ANY OF THE INDIVIDUALS 52 LICENSED UNDER THE STATUTE OF HIS OR HER RESPECTIVE PROFESSIONAL ENABL- 53 ING LAW, PROVIDED THAT: (A) MEMBERS LICENSED UNDER ARTICLE 153 OF THE 54 EDUCATION LAW, SHALL NOT, DIRECTLY OR INDIRECTLY, INTERFERE WITH THE 55 CLINICAL JUDGMENT OR LEGITIMATE CLINICAL PRACTICE OF A PROFESSIONAL 56 LICENSED UNDER ARTICLE 131, (B) MEMBERS LICENSED UNDER ARTICLE 131 SHALL A. 6925 14 1 NOT, DIRECTLY OR INDIRECTLY, INTERFERE WITH THE CLINICAL JUDGMENT OR 2 LEGITIMATE CLINICAL PRACTICE OF A PROFESSIONAL LICENSED UNDER ARTICLE 3 153, AND (C) INDIVIDUALS LICENSED UNDER ARTICLE 131 MAY NOT ORDER OR 4 DIRECT A PROFESSIONAL LICENSED UNDER ARTICLE 153 OF THE EDUCATION LAW TO 5 PRACTICE BEYOND THE SCOPE OF HIS OR HER LICENSE UNDER ARTICLE 153 OF THE 6 EDUCATION LAW, EVEN IF SUPERVISED DIRECTLY OR INDIRECTLY BY A PROFES- 7 SIONAL LICENSED UNDER ARTICLE 131. 8 S 6-a. Subdivision (q) of section 121-1500 of the partnership law, as 9 amended by chapter 475 of the laws of 2014, is amended to read as 10 follows: 11 (q) Each partner of a registered limited liability partnership formed 12 to provide medical services in this state must be licensed pursuant to 13 article 131 of the education law to practice medicine in this state and 14 each partner of a registered limited liability partnership formed to 15 provide dental services in this state must be licensed pursuant to arti- 16 cle 133 of the education law to practice dentistry in this state. Each 17 partner of a registered limited liability partnership formed to provide 18 veterinary services in this state must be licensed pursuant to article 19 135 of the education law to practice veterinary medicine in this state. 20 Each partner of a registered limited liability partnership formed to 21 provide professional engineering, land surveying, geological services, 22 architectural and/or landscape architectural services in this state must 23 be licensed pursuant to article 145, article 147 and/or article 148 of 24 the education law to practice one or more of such professions in this 25 state. Each partner of a registered limited liability partnership formed 26 to provide licensed clinical social work services in this state must be 27 licensed pursuant to article 154 of the education law to practice clin- 28 ical social work in this state. Each partner of a registered limited 29 liability partnership formed to provide creative arts therapy services 30 in this state must be licensed pursuant to article 163 of the education 31 law to practice creative arts therapy in this state. Each partner of a 32 registered limited liability partnership formed to provide marriage and 33 family therapy services in this state must be licensed pursuant to arti- 34 cle 163 of the education law to practice marriage and family therapy in 35 this state. Each partner of a registered limited liability partnership 36 formed to provide mental health counseling services in this state must 37 be licensed pursuant to article 163 of the education law to practice 38 mental health counseling in this state. Each partner of a registered 39 limited liability partnership formed to provide psychoanalysis services 40 in this state must be licensed pursuant to article 163 of the education 41 law to practice psychoanalysis in this state. Each partner of a regis- 42 tered limited liability partnership formed to provide applied behavior 43 analysis service in this state must be licensed or certified pursuant to 44 article 167 of the education law to practice applied behavior analysis 45 in this state. EACH PARTNER OF A REGISTERED LIMITED LIABILITY PARTNER- 46 SHIP FORMED TO PROVIDE INTEGRATED, MULTIDISCIPLINARY MEDICAL AND PSYCHO- 47 LOGICAL SERVICES, AS SUCH SERVICES ARE RESPECTIVELY DEFINED UNDER ARTI- 48 CLE 131 AND ARTICLE 153 OF THE EDUCATION LAW, (I) MUST BE LICENSED 49 PURSUANT TO ARTICLE 131 OR ARTICLE 153 OF THE EDUCATION LAW TO PRACTICE 50 HIS OR HER PROFESSION IN THIS STATE, (II) SHALL ONLY PRACTICE HIS OR HER 51 PROFESSION AS SPECIFIED IN HIS OR HER RESPECTIVE PROFESSIONAL ENABLING 52 STATUTE UNDER ARTICLE 131 OR ARTICLE 153 OF THE EDUCATION LAW, AND (III) 53 THE CLINICAL INTEGRATION OF PROFESSIONAL PRACTICES WITHIN AN INTEGRATED, 54 MULTI-DISCIPLINARY ENTITY ORGANIZED UNDER THIS SECTION DOES NOT ALTER, 55 EXPAND OR CURTAIL THE SCOPE OF PRACTICE OF ANY OF THE INDIVIDUALS 56 LICENSED UNDER THE STATUTE OF HIS OR HER RESPECTIVE PROFESSIONAL ENABL- A. 6925 15 1 ING LAW, PROVIDED THAT: (A) MEMBERS LICENSED UNDER ARTICLE 153 OF THE 2 EDUCATION LAW, SHALL NOT, DIRECTLY OR INDIRECTLY, INTERFERE WITH THE 3 CLINICAL JUDGMENT OR LEGITIMATE CLINICAL PRACTICE OF A PROFESSIONAL 4 LICENSED UNDER ARTICLE 131, (B) MEMBERS LICENSED UNDER ARTICLE 131 SHALL 5 NOT, DIRECTLY OR INDIRECTLY, INTERFERE WITH THE CLINICAL JUDGMENT OR 6 LEGITIMATE CLINICAL PRACTICE OF A PROFESSIONAL LICENSED UNDER ARTICLE 7 153, AND (C) INDIVIDUALS LICENSED UNDER ARTICLE 131 MAY NOT ORDER OR 8 DIRECT A PROFESSIONAL LICENSED UNDER ARTICLE 153 OF THE EDUCATION LAW TO 9 PRACTICE BEYOND THE SCOPE OF HIS OR HER LICENSE UNDER ARTICLE 153 OF THE 10 EDUCATION LAW, EVEN IF SUPERVISED DIRECTLY OR INDIRECTLY BY A PROFES- 11 SIONAL LICENSED UNDER ARTICLE 131. 12 S 7. Subdivision (q) of section 121-1502 of the partnership law, as 13 amended by chapter 554 of the laws of 2013, is amended to read as 14 follows: 15 (q) Each partner of a foreign limited liability partnership which 16 provides medical services in this state must be licensed pursuant to 17 article 131 of the education law to practice medicine in the state and 18 each partner of a foreign limited liability partnership which provides 19 dental services in the state must be licensed pursuant to article 133 of 20 the education law to practice dentistry in this state. Each partner of a 21 foreign limited liability partnership which provides veterinary service 22 in the state shall be licensed pursuant to article 135 of the education 23 law to practice veterinary medicine in this state. Each partner of a 24 foreign limited liability partnership which provides professional engi- 25 neering, land surveying, architectural and/or landscape architectural 26 services in this state must be licensed pursuant to article 145, article 27 147 and/or article 148 of the education law to practice one or more of 28 such professions. Each partner of a foreign limited liability partner- 29 ship which provides licensed clinical social work services in this state 30 must be licensed pursuant to article 154 of the education law to prac- 31 tice licensed clinical social work in this state. Each partner of a 32 foreign limited liability partnership which provides creative arts ther- 33 apy services in this state must be licensed pursuant to article 163 of 34 the education law to practice creative arts therapy in this state. Each 35 partner of a foreign limited liability partnership which provides 36 marriage and family therapy services in this state must be licensed 37 pursuant to article 163 of the education law to practice marriage and 38 family therapy in this state. Each partner of a foreign limited liabil- 39 ity partnership which provides mental health counseling services in this 40 state must be licensed pursuant to article 163 of the education law to 41 practice mental health counseling in this state. Each partner of a 42 foreign limited liability partnership which provides psychoanalysis 43 services in this state must be licensed pursuant to article 163 of the 44 education law to practice psychoanalysis in this state. Each partner of 45 a foreign limited liability partnership which provides applied behavior 46 analysis services in this state must be licensed or certified pursuant 47 to article 167 of the education law to practice applied behavior analy- 48 sis in this state. EACH PARTNER OF A FOREIGN LIMITED LIABILITY PARTNER- 49 SHIP FORMED TO PROVIDE INTEGRATED, MULTIDISCIPLINARY MEDICAL AND PSYCHO- 50 LOGICAL SERVICES, AS SUCH SERVICES ARE DEFINED UNDER ARTICLE 131 OR 51 ARTICLE 153 OF THE EDUCATION LAW, (I) MUST BE LICENSED PURSUANT TO ARTI- 52 CLE 131 OR ARTICLE 153 OF THE EDUCATION LAW TO PRACTICE HIS OR HER 53 PROFESSION IN THIS STATE, (II) SHALL ONLY PRACTICE HIS OR HER PROFESSION 54 AS SPECIFIED IN HIS OR HER RESPECTIVE PROFESSIONAL ENABLING STATUTE 55 UNDER ARTICLE 131 OR ARTICLE 153 OF THE EDUCATION LAW, AND (III) THE 56 CLINICAL INTEGRATION OF PROFESSIONAL PRACTICES WITHIN AN INTEGRATED, A. 6925 16 1 MULTIDISCIPLINARY ENTITY ORGANIZED UNDER THIS SECTION DOES NOT ALTER, 2 EXPAND OR CURTAIL THE SCOPE OF PRACTICE OF ANY OF THE INDIVIDUALS 3 LICENSED UNDER THE STATUTE OF HIS OR HER RESPECTIVE PROFESSIONAL ENABL- 4 ING LAW, PROVIDED THAT: (A) MEMBERS NOT LICENSED UNDER ARTICLE 131 OF 5 THE EDUCATION LAW, SHALL NOT, DIRECTLY OR INDIRECTLY, INTERFERE WITH THE 6 CLINICAL JUDGMENT OR LEGITIMATE CLINICAL PRACTICE OF A PROFESSIONAL 7 LICENSED UNDER ARTICLE 131, (B) MEMBERS LICENSED UNDER ARTICLE 131 SHALL 8 NOT, DIRECTLY OR INDIRECTLY, INTERFERE WITH THE CLINICAL JUDGMENT OR 9 LEGITIMATE CLINICAL PRACTICE OF A PROFESSIONAL LICENSED UNDER ARTICLE 10 153, AND (C) INDIVIDUALS LICENSED UNDER ARTICLE 131 MAY NOT ORDER OR 11 DIRECT A PROFESSIONAL LICENSED UNDER ARTICLE 153 OF THE EDUCATION LAW TO 12 PRACTICE BEYOND THE SCOPE OF HIS OR HER LICENSE UNDER ARTICLE 153 OF THE 13 EDUCATION LAW, EVEN IF SUPERVISED DIRECTLY OR INDIRECTLY BY A PROFES- 14 SIONAL LICENSED UNDER ARTICLE 131. 15 S 7-a. Subdivision (q) of section 121-1502 of the partnership law, as 16 amended by chapter 475 of the laws of 2014, is amended to read as 17 follows: 18 (q) Each partner of a foreign limited liability partnership which 19 provides medical services in this state must be licensed pursuant to 20 article 131 of the education law to practice medicine in the state and 21 each partner of a foreign limited liability partnership which provides 22 dental services in the state must be licensed pursuant to article 133 of 23 the education law to practice dentistry in this state. Each partner of a 24 foreign limited liability partnership which provides veterinary service 25 in the state shall be licensed pursuant to article 135 of the education 26 law to practice veterinary medicine in this state. Each partner of a 27 foreign limited liability partnership which provides professional engi- 28 neering, land surveying, geological services, architectural and/or land- 29 scape architectural services in this state must be licensed pursuant to 30 article 145, article 147 and/or article 148 of the education law to 31 practice one or more of such professions. Each partner of a foreign 32 limited liability partnership which provides licensed clinical social 33 work services in this state must be licensed pursuant to article 154 of 34 the education law to practice licensed clinical social work in this 35 state. Each partner of a foreign limited liability partnership which 36 provides creative arts therapy services in this state must be licensed 37 pursuant to article 163 of the education law to practice creative arts 38 therapy in this state. Each partner of a foreign limited liability part- 39 nership which provides marriage and family therapy services in this 40 state must be licensed pursuant to article 163 of the education law to 41 practice marriage and family therapy in this state. Each partner of a 42 foreign limited liability partnership which provides mental health coun- 43 seling services in this state must be licensed pursuant to article 163 44 of the education law to practice mental health counseling in this state. 45 Each partner of a foreign limited liability partnership which provides 46 psychoanalysis services in this state must be licensed pursuant to arti- 47 cle 163 of the education law to practice psychoanalysis in this state. 48 Each partner of a foreign limited liability partnership which provides 49 applied behavior analysis services in this state must be licensed or 50 certified pursuant to article 167 of the education law to practice 51 applied behavior analysis in this state. EACH PARTNER OF A FOREIGN 52 LIMITED LIABILITY PARTNERSHIP FORMED TO PROVIDE INTEGRATED, MULTIDISCI- 53 PLINARY MEDICAL AND PSYCHOLOGICAL SERVICES, AS SUCH SERVICES ARE DEFINED 54 UNDER ARTICLE 131 OR ARTICLE 153 OF THE EDUCATION LAW, (I) MUST BE 55 LICENSED PURSUANT TO ARTICLE 131 OR ARTICLE 153 OF THE EDUCATION LAW TO 56 PRACTICE HIS OR HER PROFESSION IN THIS STATE, (II) SHALL ONLY PRACTICE A. 6925 17 1 HIS OR HER PROFESSION AS SPECIFIED IN HIS OR HER RESPECTIVE PROFESSIONAL 2 ENABLING STATUTE UNDER ARTICLE 131 OR ARTICLE 153 OF THE EDUCATION LAW, 3 AND (III) THE CLINICAL INTEGRATION OF PROFESSIONAL PRACTICES WITHIN AN 4 INTEGRATED, MULTIDISCIPLINARY ENTITY ORGANIZED UNDER THIS SECTION DOES 5 NOT ALTER, EXPAND OR CURTAIL THE SCOPE OF PRACTICE OF ANY OF THE INDI- 6 VIDUALS LICENSED UNDER THE STATUTE OF HIS OR HER RESPECTIVE PROFESSIONAL 7 ENABLING LAW, PROVIDED THAT: (A) MEMBERS NOT LICENSED UNDER ARTICLE 131 8 OF THE EDUCATION LAW, SHALL NOT, DIRECTLY OR INDIRECTLY, INTERFERE WITH 9 THE CLINICAL JUDGMENT OR LEGITIMATE CLINICAL PRACTICE OF A PROFESSIONAL 10 LICENSED UNDER ARTICLE 131, (B) MEMBERS LICENSED UNDER ARTICLE 131 SHALL 11 NOT, DIRECTLY OR INDIRECTLY, INTERFERE WITH THE CLINICAL JUDGMENT OR 12 LEGITIMATE CLINICAL PRACTICE OF A PROFESSIONAL LICENSED UNDER ARTICLE 13 153, AND (C) INDIVIDUALS LICENSED UNDER ARTICLE 131 MAY NOT ORDER OR 14 DIRECT A PROFESSIONAL LICENSED UNDER ARTICLE 153 OF THE EDUCATION LAW TO 15 PRACTICE BEYOND THE SCOPE OF HIS OR HER LICENSE UNDER ARTICLE 153 OF THE 16 EDUCATION LAW, EVEN IF SUPERVISED DIRECTLY OR INDIRECTLY BY A PROFES- 17 SIONAL LICENSED UNDER ARTICLE 131. 18 S 8. Subdivision 1 of section 2801 of the public health law, as sepa- 19 rately amended by chapters 297 and 416 of the laws of 1983, is amended 20 to read as follows: 21 1. "Hospital" means a facility or institution engaged principally in 22 providing services by or under the supervision of a physician or, in the 23 case of a dental clinic or dental dispensary, of a dentist, for the 24 prevention, diagnosis or treatment of human disease, pain, injury, 25 deformity or physical condition, including, but not limited to, a gener- 26 al hospital, public health center, diagnostic center, treatment center, 27 dental clinic, dental dispensary, rehabilitation center other than a 28 facility used solely for vocational rehabilitation, nursing home, tuber- 29 culosis hospital, chronic disease hospital, maternity hospital, lying- 30 in-asylum, out-patient department, out-patient lodge, dispensary and a 31 laboratory or central service facility serving one or more such insti- 32 tutions, but the term hospital shall not include an institution, sani- 33 tarium or other facility engaged principally in providing services for 34 the prevention, diagnosis or treatment of mental disability and which is 35 subject to the powers of visitation, examination, inspection and inves- 36 tigation of the department of mental hygiene except for those distinct 37 parts of such a facility which provide hospital service. The provisions 38 of this article shall not apply to a facility or institution engaged 39 principally in providing services by or under the supervision of the 40 bona fide members and adherents of a recognized religious organization 41 whose teachings include reliance on spiritual means through prayer alone 42 for healing in the practice of the religion of such organization and 43 where services are provided in accordance with those teachings OR TO A 44 BUSINESS CORPORATION, LIMITED LIABILITY CORPORATION OR PARTNERSHIP 45 BETWEEN A MEDICAL DOCTOR AND A DULY LICENSED HEALTHCARE PROFESSIONAL 46 UNDER TITLE VIII OF THE EDUCATION LAW. 47 S 9. Subdivision 19 of section 6530 of the education law, as added by 48 chapter 606 of the laws of 1991, is amended to read as follows: 49 19. Permitting any person to share in the fees for professional 50 services, other than: a partner, employee, associate in a professional 51 firm or corporation, professional subcontractor or consultant authorized 52 to practice medicine, or a legally authorized trainee practicing under 53 the supervision of a licensee OR A PSYCHOLOGIST PROVIDING PROFESSIONAL 54 SERVICES IN THE SAME PRACTICE. This prohibition shall include any 55 arrangement or agreement whereby the amount received in payment for 56 furnishing space, facilities, equipment or personnel services used by a A. 6925 18 1 licensee constitutes a percentage of, or is otherwise dependent upon, 2 the income or receipts of the licensee from such practice, except as 3 otherwise provided by law with respect to a facility licensed pursuant 4 to article twenty-eight of the public health law or article thirteen of 5 the mental hygiene law; 6 S 10. This act shall take effect immediately; provided, however, that 7 sections two-a, three-a, four-a, five-a, six-a and seven-a of this act 8 shall take effect on the same date and in the same manner as chapter 475 9 of the laws of 2014 takes effect.