S T A T E O F N E W Y O R K ________________________________________________________________________ 7035 2015-2016 Regular Sessions I N A S S E M B L Y April 21, 2015 ___________ Introduced by M. of A. PERRY, ORTIZ, McDONOUGH -- read once and referred to the Committee on Higher Education AN ACT to amend the education law, the limited liability company law, the partnership law and the public health law, in relation to the practice of naturopathy; and to amend the social services law, in relation to the reporting of child abuse THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. Legislative intent. 1. The legislature recognizes that in 2 spite of advances in science and technology that have resulted in the 3 American healthcare system excelling at triage and in responding to 4 acute emergent conditions, there is an epidemic of chronic disease and 5 an unacceptable degree of iatrogenic disease in America. The legislature 6 recognizes that the economics of healthcare and the pursuit of scientif- 7 ic advancement have led to an occupational preference among physicians 8 for specialization, resulting in a shortage of primary care physicians. 9 The legislature finds that licensure of the profession of naturopathic 10 medicine favorably addresses such problems, and agrees with U.S. Senate 11 Resolution 221 of the 113th Congress in finding that naturopathic 12 doctors are skilled in preventing and treating chronic disease; that 13 naturopathic medicine is a safe, effective, and affordable means of 14 health care; and that licensure of naturopathic doctors helps address 15 the shortage of primary care physicians in the United States, while also 16 providing people with more choice in health care. 17 2. The legislature recognizes that naturopathic medicine, although 18 encompassing primary and secondary care services, including many of the 19 same diagnostic tools and assessment techniques as the medical profes- 20 sion, and having certain Hippocratic principles in common with the 21 medical profession, is not part of the profession of medicine as contem- 22 plated by article 131 of the education law, and intends that naturopath- 23 ic medicine be a distinct profession with its own state board. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD05295-02-5 A. 7035 2 1 3. The legislature recognizes that naturopathic medicine is a modern, 2 evolved form of naturopathy that is practiced by naturopathic doctors; 3 that the early form, today sometimes called traditional naturopathy, is 4 characterized by its vitalistic philosophy, and by its foundation of 5 hygiene and nature cure (i.e., the use of natural agents such as air, 6 light, water, food, and herbs to stimulate the body's own natural heal- 7 ing powers); and that such early form is practiced in some states by 8 traditional naturopaths without licensure, by lay persons in their own 9 self care, and to some extent in health spas. This bill is not intended 10 to change the legality or illegality of activities relating to such 11 hygiene and nature cure; nor to limit the scope of naturopathic medicine 12 to such traditional naturopathy. 13 4. The legislature recognizes that the naturopathic doctor has a 14 primary mission of facilitating optimum health and wellness for patients 15 of any age; relies on the scientific method in implementing vitalistic, 16 functional, and evidence-based strategies for assessing and treating 17 patients; and works with patients of good or ill health having acute and 18 chronic conditions, including serious medical conditions. 19 5. The legislature intends that the authorized activities within the 20 scope of practice of a naturopathic doctor are those activities within 21 the meanings of naturopathic assessment, common office procedures, phys- 22 ical naturopathy, approved substances, approved routes of adminis- 23 tration, and noninvasive naturopathic therapies, as per sections sixty- 24 eight hundred fifty and sixty-eight hundred fifty-one of article 138 of 25 the education law as proposed in this act. For naturopathic doctors 26 having the injection therapy privilege the authorized activities further 27 include injection therapy, as per section sixty-eight hundred fifty-four 28 of article 138 of the education law, as proposed in this act. The scope 29 of such practice activities however are limited by section sixty-eight 30 hundred fifty-five of article 138 of the education law, as proposed in 31 this act, which provides boundaries of professional competence. The 32 legislature provides a list of broad clinical objectives included within 33 the meaning of "facilitating optimum health and wellness," as defined in 34 section sixty-eight hundred fifty-one of article 138 of the education 35 law as proposed in this act, which list, while relevant to professional 36 conduct, is not intended to expand upon the authorized activities. The 37 legislature intends that invasive procedures other than diagnostic imag- 38 ing be impermissible, and that the definitions of the terms "invasive 39 procedures" and "noninvasive" be construed independent of each other. 40 6. The legislature intends that the education qualification for natu- 41 ropathic medicine emphasizes the basic sciences and clinical sciences, 42 such as has been established by the Council on Naturopathic Medical 43 Education (CNME) and the Association of Accredited Naturopathic Medical 44 Colleges (AANMC), and so distinguish over traditional naturopathy. 45 7. The legislature intends that the education qualification for natu- 46 ropathic medicine insofar as including a substantial equivalent of a 47 program of naturopathic medicine registered with the department require 48 that such substantial equivalent, among other factors determined by the 49 department, also require that the substantial equivalent emphasize the 50 naturopathic principles and the therapeutic order in clinical training, 51 such as in programs accredited by the Council on Naturopathic Medical 52 Education (CNME) or in the naturopathic medical programs offered by the 53 Association of Accredited Naturopathic Medical Colleges (AANMC), and so 54 distinguish over a doctoral degree in medicine or osteopathy. 55 8. The legislature intends that the professional conduct of the natu- 56 ropathic doctor be informed by the naturopathic principles and the ther- A. 7035 3 1 apeutic order, and so distinguish over professional conduct for the 2 practice of the profession of medicine. 3 9. The legislature recognizes that in the practice of naturopathic 4 medicine the healing power of nature principle is viewed as being an 5 inherent property in a living organism to heal itself, and is an 6 acknowledgment that synergy results from the coordination of the many 7 chemical and physical reactions of the living system through varied and 8 circuitous feedback pathways making the whole function as more than the 9 sum of its parts. The number of reactions and the resulting complexity 10 and synergy is viewed in the profession of naturopathic medicine as 11 being why treatment of a given physiological process may result in 12 unforeseen nonlocal consequences, including iatrogenic disease; and is 13 why naturopathic doctors investigate and treat the patient as a whole 14 living system, find and remove the cause, and prefer less invasive ther- 15 apies and substances with fewer side effects. It also is why the naturo- 16 pathic doctor prefers to intervene early to prevent occurrence of 17 disease. 18 10. The legislature intends that licensed naturopathic doctors, while 19 being permitted to practice in solo and among other naturopathic 20 doctors, also be permitted to practice naturopathic medicine in many of 21 the current patient care venue types in the healthcare system; that 22 there be referral among naturopathic doctors, physicians, and other 23 health care providers as based on the interests of the patient; and that 24 integrative care settings and the advancement of public health and safe- 25 ty be realized through collaboration among naturopathic doctors, physi- 26 cians, and other health care providers. 27 11. Naturopathic doctors add to the health care system by bringing 28 their naturopathic approach to patient care; and by bringing their 29 expertise on the determinants of health, diet and nutrient therapy, 30 phytotherapy, therapeutic use of physical agents, and drug/herb 31 drug/nutrient interactions. Therefore, to improve the public health, 32 safety and welfare of its citizens, the legislature finds it is desira- 33 ble to regulate the profession of naturopathic medicine, and intends 34 that admission to practice and regulation of such practice, including 35 professional conduct, shall be supervised by the board of regents and 36 administered by the state education department, assisted by a state 37 board of naturopathic medicine. 38 S 2. The Education Law is amended by adding a new article 138 to read 39 as follows: 40 ARTICLE 138 41 NATUROPATHIC MEDICINE 42 SECTION 6850. INTRODUCTION. 43 6851. DEFINITIONS. 44 6852. DEFINITION OF THE PRACTICE OF NATUROPATHIC MEDICINE. 45 6853. TITLE AND DESIGNATION. 46 6854. INJECTION THERAPY AND INJECTION THERAPY PRIVILEGE. 47 6855. BOUNDARIES OF PROFESSIONAL COMPETENCE. 48 6856. STATE BOARD FOR NATUROPATHIC MEDICINE. 49 6857. QUALIFICATIONS FOR LICENSURE. 50 6858. SPECIAL CONDITIONS. 51 6859. EXEMPT PERSONS AND EXEMPTIONS. 52 6860. LIMITED RESIDENCY PERMITS. 53 6861. LIMITED PERMITS. 54 6862. MANDATORY CONTINUING EDUCATION. 55 S 6850. INTRODUCTION. THIS ARTICLE APPLIES TO THE LICENSURE AND REGU- 56 LATION OF NATUROPATHIC DOCTORS TO PRACTICE NATUROPATHIC MEDICINE IN THIS A. 7035 4 1 STATE. THE GENERAL PROVISIONS FOR ALL PROFESSIONS CONTAINED IN ARTICLE 2 ONE HUNDRED THIRTY, AS ADDED BY CHAPTER NINE HUNDRED EIGHTY-SEVEN OF THE 3 LAWS OF NINETEEN HUNDRED SEVENTY-ONE, OF THIS TITLE APPLY TO THIS ARTI- 4 CLE. 5 S 6851. DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE: 6 1. "APPROVED CLIA WAIVED TESTS" MEAN LABORATORY TESTS CATEGORIZED 7 UNDER THE FEDERAL CLINICAL LABORATORY IMPROVEMENT ACT (CLIA) OF 1988 AS 8 BEING WAIVED TESTS, AND WHICH ARE IDENTIFIED BY THE DEPARTMENT UPON THE 9 RECOMMENDATION OF THE BOARD, AND UPDATED AS NEEDED OR UPON TRIENNIAL 10 REVIEW, AS BEING APPROPRIATE IN THE PRACTICE OF NATUROPATHIC MEDICINE. 11 2. "APPROVED ROUTES OF ADMINISTRATION" MEANS ORAL, SUBLINGUAL, NASAL, 12 AURICULAR, OCULAR, RECTAL, VAGINAL, AND TRANSDERMAL. FOR NATUROPATHIC 13 DOCTORS HAVING INJECTION THERAPY PRIVILEGE UNDER SECTION SIXTY-EIGHT 14 HUNDRED FIFTY-FOUR OF THIS ARTICLE, "APPROVED ROUTES OF ADMINISTRATION" 15 FURTHER INCLUDE INJECTION ROUTES, NAMELY, INTRAVENOUS, INTRAMUSCULAR, 16 SUBCUTANEOUS, AND INTRADERMAL. 17 3. "APPROVED SUBSTANCES" MEANS OVER-THE-COUNTER SUBSTANCES; FOOD 18 CONCENTRATES, FOOD EXTRACTS, AND OTHER DIETARY INGREDIENTS; VITAMINS, 19 MINERALS, AND OTHER DIETARY SUPPLEMENTS; BOTANICAL AND HOMEOPATHIC PREP- 20 ARATIONS; AND A LIMITED FORMULARY OF LEGEND DRUGS. THE LIMITED FORMULARY 21 OF LEGEND DRUGS INCLUDES THYROID HORMONES, ESTROGEN HORMONES, PROGESTER- 22 ONE HORMONE, DHEA, AND HOMEOPATHIC PREPARATIONS OF HOMEOPATHIC DRUGS 23 LISTED IN THE OFFICIAL HOMEOPATHIC PHARMACOPOEIA OF THE UNITED STATES. 24 FOR NATUROPATHIC DOCTORS HAVING INJECTION THERAPY PRIVILEGE UNDER 25 SECTION SIXTY-EIGHT HUNDRED FIFTY-FOUR OF THIS ARTICLE, THE LIMITED 26 FORMULARY FURTHER INCLUDES IMMUNIZATIONS AND INJECTABLE FORMS OF THE 27 APPROVED SUBSTANCES. LEGEND DRUGS IN THE LIMITED FORMULARY MAY BE ADMIN- 28 ISTERED AND PRESCRIBED, AND THE OTHER APPROVED SUBSTANCES AND HOMEOPATH- 29 IC PREPARATIONS MAY BE ADMINISTERED, PRESCRIBED, AND DISPENSED. 30 4. "BOARD" MEANS THE STATE BOARD FOR NATUROPATHIC MEDICINE. 31 5. "COMMON OFFICE PROCEDURES" MEANS ADMINISTERING APPROVED CLIA WAIVED 32 TESTS; ADMINISTERING ULTRASONOGRAPHIC AND THERMOGRAPHIC IMAGING; 33 PRESCRIBING, INSTALLING, REMOVING, AND ADJUSTING BARRIER CONTRACEPTIVE 34 DEVICES; PROCEDURES FOR TREATING SUPERFICIAL LACERATIONS AND ABRASIONS 35 AND FOR THE REMOVAL OF FOREIGN BODIES LOCATED IN SUPERFICIAL STRUCTURES 36 NOT TO INCLUDE THE EYE, EXCLUDING BY INCISION AND SUTURING; ADMINISTER- 37 ING CRYOTHERAPY, LIGATION, AND FULGURATION; ADMINISTERING APPROVED 38 SUBSTANCES VIA APPROVED ROUTES OF ADMINISTRATION; PROCEDURES FOR OBTAIN- 39 ING SAMPLES OF BODILY FLUIDS, BODILY EXCRETIONS, BODILY SECRETIONS, AND 40 BODILY TISSUES; AND OTHER PROCEDURES FOR ASSESSMENT OR THERAPY THAT ARE 41 NONINVASIVE. COMMON OFFICE PROCEDURES FOR OBTAINING SAMPLES ARE LIMITED 42 TO: VENIPUNCTURE AND PHLEBOTOMY, PAP SMEAR, SCRAPING, AND FOR HAIR 43 CUTTING. 44 6. "CONTROLLED SUBSTANCE" MEANS CONTROLLED SUBSTANCES AS DEFINED IN 45 THE FEDERAL CONTROLLED SUBSTANCES ACT. 46 7. "DIAGNOSTIC IMAGING" MEANS RADIOGRAPHY, TOMOGRAPHY, MAGNETIC RESO- 47 NANCE IMAGING, ULTRASONOGRAPHY, AND THERMOGRAPHY, AND EXCLUDES NUCLEAR 48 MEDICINE, FLUOROSCOPY, AND RADIOLOGICAL PROCEDURES FOR TREATING A 49 MEDICAL CONDITION. 50 8. "DIETARY INGREDIENT" MEANS A DIETARY INGREDIENT AS DEFINED IN THE 51 FEDERAL DIETARY SUPPLEMENT HEALTH AND EDUCATION ACT OF 1994 (DSHEA). 52 9. "DIETARY SUPPLEMENT" MEANS A DIETARY SUPPLEMENT AS DEFINED IN THE 53 FEDERAL DIETARY SUPPLEMENT HEALTH AND EDUCATION ACT OF 1994 (DSHEA). 54 10. "DRUG" MEANS A DRUG AS DEFINED IN THE FEDERAL FOOD, DRUG, AND 55 COSMETIC ACT, 21 USC 321. A. 7035 5 1 11. "FACILITATING OPTIMUM HEALTH AND WELLNESS" MEANS FACILITATING THE 2 ESTABLISHMENT AND MAINTENANCE OF A HEALTHY PATIENT LIFESTYLE AND NUTRI- 3 TIONAL FOUNDATION; EDUCATING THE PATIENT ABOUT THEIR CIRCUMSTANCES OF 4 HEALTH AND ILLNESS AND STEPS FOR ESTABLISHING AND MAINTAINING OPTIMUM 5 HEALTH AND WELLNESS; FACILITATING AND AUGMENTING SELF-HEALING PROCESSES; 6 SUPPORTING AND MODULATING PHYSIOLOGICAL PROCESSES; SUPPORTING AND 7 CORRECTING INTEGRITY OF ANATOMICAL STRUCTURES; IDENTIFYING AND REMOVING 8 UNDERLYING CAUSES OF ILLNESS; AND IDENTIFYING, PREVENTING, MITIGATING, 9 MONITORING, AND TREATING ILLNESS. 10 12. "FOOD" MEANS FOOD AS DEFINED IN THE FEDERAL FOOD, DRUG, AND 11 COSMETIC ACT, 21 USC 321. 12 13. "ILLNESS" MEANS PAIN, INJURY, DEFORMITY, SYNDROME, DISEASE, OR 13 OTHER UNHEALTHY CONDITION. 14 14. "INVASIVE PROCEDURE" MEANS ANY MEDICAL PROCEDURE IN WHICH BONE, 15 VISCERA, THE EYEBALL, THE INNER EAR, THE DORSAL BODY CAVITY, OR THE 16 VENTRAL BODY CAVITY IS PENETRATED BY A PHYSICAL DEVICE OR BY IONIZING 17 RADIATION ABOVE BACKGROUND LEVELS. 18 15. "INJECTION THERAPY" MEANS THE INJECTION OF APPROVED SUBSTANCES. 19 16. "INJECTION THERAPY PRIVILEGE" MEANS THE SCOPE OF PRACTICE PRIVI- 20 LEGE TO PRACTICE INJECTION THERAPY, IN ACCORDANCE WITH REGULATIONS 21 PROMULGATED BY THE COMMISSIONER. 22 17. "LEGEND DRUG" MEANS A DRUG FOR WHICH A PRESCRIPTION IS REQUIRED 23 UNDER THE FEDERAL FOOD, DRUG AND COSMETIC ACT. 24 18. "NATUROPATHIC ASSESSMENT" MEANS THE IDENTIFICATION AND EVALUATION 25 OF A PATIENT'S CIRCUMSTANCES OF HEALTH AND ILLNESS BY INVESTIGATING THE 26 PATIENT'S HEALTH, HISTORY, LIFE STYLE, AND DETERMINANTS OF HEALTH; BY 27 COMPREHENSIVE PHYSICAL EXAMINATION; BY COMMON OFFICE PROCEDURES FOR 28 ASSESSMENT; BY ORDERING AND PRESCRIBING LABORATORY TESTS AND PROCEDURES, 29 INCLUDING SUBMITTING SPECIMENS FOR TESTING TO LABORATORIES THAT HOLD 30 PERMITS OR LICENSES PURSUANT TO UNDER TITLE V OF ARTICLE FIVE OF THE 31 PUBLIC HEALTH LAW; BY ORDERING AND PRESCRIBING DIAGNOSTIC IMAGING; AND 32 BY OTHER ASSESSMENT TECHNIQUES THAT ARE NONINVASIVE. SPECIMENS FOR 33 TESTING MAY BE OBTAINED BY COMMON OFFICE PROCEDURES AS DESCRIBED IN 34 SUBDIVISION FIVE OF THIS SECTION OR BY PATIENT SUBMISSION (E.G., FOR 35 STOOL, URINE, HAIR, SALIVA). 36 19. "NATUROPATHIC PRINCIPLES" MEANS THE FOLLOWING PRINCIPLES, WHICH 37 ARE WEIGHED BY THE NATUROPATHIC DOCTOR TO INFLUENCE THE SELECTION OF 38 NATUROPATHIC ASSESSMENT ACTIVITIES, COMMON OFFICE PROCEDURES, AND TREAT- 39 MENTS ADMINISTERED, ORDERED OR REFERRED: 40 A. "THE HEALING POWER OF NATURE," WHICH MEANS THE INHERENT ABILITY OF 41 A LIVING ORGANISM FOR SELF-HEALING; 42 B. "IDENTIFY AND TREAT THE CAUSES," WHICH MEANS IDENTIFY AND REMOVE 43 THE UNDERLYING CAUSES OF ILLNESS SO THAT SELF-HEALING PROCESSES MAY 44 FUNCTION EFFECTIVELY; 45 C. "FIRST DO NO HARM," WHICH MEANS APPLY THE LEAST FORCE OR INTER- 46 VENTION TO IDENTIFY ILLNESS AND RESTORE HEALTH, SUCH AS REFERENCED IN 47 THE THERAPEUTIC ORDER; AND WHENEVER POSSIBLE, AVOID SYMPTOM SUPPRESSION 48 THAT INTERFERES WITH THE DYNAMICS OF SELF-HEALING; 49 D. "DOCTOR AS TEACHER," WHICH MEANS EDUCATE PATIENTS AS TO STEPS FOR 50 ACHIEVING AND MAINTAINING HEALTH, AND ENCOURAGE SELF-RESPONSIBILITY FOR 51 HEALTH; 52 E. "TREAT THE WHOLE PERSON," WHICH MEANS ASSESS AND TREAT THE PATIENT 53 AS AN INTEGRATED WHOLE HAVING MANY PHYSICAL, MENTAL, EMOTIONAL, SPIRITU- 54 AL, AND SOCIAL ASPECTS; AND 55 F. "PREVENTION," WHICH MEANS ASSESS LIFE STYLE, DETERMINANTS OF 56 HEALTH, AND GENETIC AND ENVIRONMENTAL SUSCEPTIBILITY TO ILLNESS; RECOM- A. 7035 6 1 MEND APPROPRIATE INTERVENTIONS TO REDUCE RISKS OF DISEASE OCCURRENCE; 2 AND FACILITATE THE ESTABLISHMENT AND MAINTENANCE OF POSITIVE EMOTION, 3 THOUGHT AND ACTION. 4 20. "NONINVASIVE" MEANS NO BREAK IS CREATED IN THE SKIN OR MUCOSA, NO 5 INFILTRATION OF THE SKIN OR MUCOSA IS MADE BY IONIZING RADIATION ABOVE 6 BACKGROUND LEVELS, NO ENDOSCOPY IS PERFORMED BETWEEN THE ESOPHAGUS AND 7 COLON, INCLUSIVE, AND NO RADIOGRAPHY, TOMOGRAPHY, OR MAGNETIC RESONANCE 8 IMAGING IS ADMINISTERED. 9 21. "NONINVASIVE NATUROPATHIC THERAPIES" MEANS DIET AND LIFESTYLE 10 COUNSELING, PATIENT EDUCATION AS TO CIRCUMSTANCES OF HEALTH AND ILLNESS, 11 WELLNESS COUNSELING, BIOFEEDBACK, HYPNOTHERAPY, AND TOUCH AND/OR TAPPING 12 THERAPIES WITH AND WITHOUT A VERBAL COMMUNICATION COMPONENT. NONINVASIVE 13 NATUROPATHIC THERAPIES EXCLUDE THE PRACTICE OF MARITAL AND FAMILY THERA- 14 PY, PSYCHOANALYSIS, AND CREATIVE ARTS THERAPY ON A CONTINUED SUSTAINED 15 BASIS, AND IS FURTHER LIMITED IN APPLICATION BY A BOUNDARY OF PROFES- 16 SIONAL COMPETENCE RESTRICTING PSYCHOTHERAPEUTIC INTERVENTION WITH 17 PATIENTS HAVING SYMPTOMATIC, INTELLECTUALLY, SOCIALLY OR EMOTIONALLY 18 MALADAPTIVE BEHAVIOR SUFFICIENT TO BE A MENTAL, EMOTIONAL, COGNITIVE, 19 ADDICTIVE OR BEHAVIORAL DISORDER AS PER DSM CRITERIA OR PER DIAGNOSIS BY 20 A QUALIFIED HEALTHCARE PROVIDER, AS PROVIDED IN SECTION SIXTY-EIGHT 21 HUNDRED FIFTY-FIVE OF THIS ARTICLE. 22 22. "OPTIMUM HEALTH" MEANS A PERSON'S DESIRED, MAINTAINABLE, BEST 23 DEGREE OF HEALTH, GIVEN THE PERSON'S CIRCUMSTANCES OF HEALTH AND 24 ILLNESS, THE THERAPEUTIC GOALS, AND THE PERSON'S DEGREE OF SELF-RESPON- 25 SIBILITY FOR HEALING. 26 23. "OVER THE COUNTER SUBSTANCES" MEANS SUBSTANCES THAT HAVE BEEN 27 APPROVED OR CLEARED BY THE FOOD AND DRUG ADMINISTRATION OF THE UNITED 28 STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES FOR SALE OR DISTRIBUTION 29 TO THE PUBLIC ON A DIRECT OR OVER-THE-COUNTER BASIS WITHOUT A 30 PRESCRIPTION FROM A QUALIFIED HEALTH CARE PRACTITIONER. 31 24. "PHYSICAL NATUROPATHY" MEANS MANUAL THERAPY, THERAPEUTIC EXERCISE, 32 HYDROTHERAPY, COLONIC THERAPY, SAUNA, MICROWAVE DIATHERMY, SHORTWAVE 33 DIATHERMY, ULTRASONIC DIATHERMY, MUSCLE STIMULATION, BIOFEEDBACK, INFRA- 34 RED LIGHT THERAPY, ULTRAVIOLET LIGHT THERAPY, VISIBLE LIGHT THERAPY, 35 IONTOPHORESIS, AND THE THERAPEUTIC USE OF PHYSICAL MEDICINE THERAPEUTIC 36 DEVICES THAT ARE EXEMPT OR ARE CLASS I OR CLASS II DEVICES IDENTIFIED 37 UNDER THE CODE OF FEDERAL REGULATIONS, TITLE 21, CHAPTER I, SUBCHAPTER 38 H, PART 890, SUBPART F. 39 25. "RADIOLOGICAL PROCEDURES" MEANS RADIOLOGICAL PROCEDURES AS DEFINED 40 IN ARTICLE EIGHTY-SEVEN HUNDRED ONE OF THIS TITLE. 41 26. "SUPERFICIAL" MEANS THE DERMAL AND SUBCUTANEOUS LAYERS OF THE BODY 42 EXTERIOR, THE MUCOSAL LAYER OF THE BODY ORIFICES, AND THE UNDERLYING 43 FASCIA AND ADIPOSE. 44 27. "SURGERY" MEANS A MEDICAL PROCEDURE FOR STRUCTURALLY ALTERING THE 45 HUMAN BODY BY CUTTING INTO LIVE HUMAN TISSUE FOR THE PURPOSE OF LOCAL- 46 IZED ALTERATION, TRANSPORTATION, OR DESTRUCTION OF LIVE HUMAN TISSUE 47 USING IONIZING RADIATION OR AN INSTRUMENT, SUCH AS A LASER, SCALPEL, OR 48 PROBE; AND DOES NOT INCLUDE PUNCTURES, INJECTIONS, DRY NEEDLING, 49 ACUPUNCTURE, OR REMOVAL OF DEAD TISSUE. 50 28. "THERAPEUTIC ORDER" MEANS THE HIERARCHY OF THERAPEUTIC INTER- 51 VENTION, AS FOLLOWS, ORDERED ACCORDING TO DEGREE OF INTERVENTION, AND 52 USED BY DETERMINING THE LOWEST DEGREE OF INTERVENTION FOR WHICH THE 53 SPECIFIC PATIENT'S CIRCUMSTANCES OF HEALTH AND ILLNESS CAN BE EFFEC- 54 TIVELY ADDRESSED TO RESTORE AND FACILITATE OPTIMUM HEALTH, WHEREIN THER- 55 APEUTIC INTERVENTION OUTSIDE THE BOUNDARIES OF PROFESSIONAL COMPETENCE 56 IS INTENDED TO BE REFERRED: A. 7035 7 1 A. ESTABLISH THE CONDITIONS FOR HEALTH (E.G., IDENTIFY AND REMOVE 2 DISTURBING FACTORS; INSTITUTE A MORE HEALTHFUL REGIMEN); 3 B. STIMULATE THE SELF-HEALING PROCESSES; 4 C. ADDRESS WEAKENED OR DAMAGED SYSTEMS OR ORGANS (E.G., STRENGTHEN THE 5 IMMUNE SYSTEM; DECREASE TOXICITY; NORMALIZE INFLAMMATORY FUNCTION; OPTI- 6 MIZE METABOLIC FUNCTION; BALANCE REGULATORY SYSTEMS; ENHANCE REGENER- 7 ATION; CULTIVATE SENSORY AND MINDFUL AWARENESS OF THE INTEGRATION OF 8 PSYCHE AND SOMA); 9 D. CORRECT STRUCTURAL INTEGRITY; 10 E. ADDRESS PATHOLOGY USING SPECIFIC NATURAL SUBSTANCES, MODALITIES, OR 11 INTERVENTIONS; 12 F. ADDRESS PATHOLOGY USING SPECIFIC PHARMACOLOGIC OR SYNTHETIC 13 SUBSTANCES; AND 14 G. SUPPRESS OR SURGICALLY REMOVE PATHOLOGY. 15 29. "VERTEBRAL ADJUSTMENT" MEANS A HIGH VELOCITY, LOW AMPLITUDE THRUST 16 APPLIED TO A VERTEBRA AT THE END OF ITS RANGE OF MOTION UTILIZING PARTS 17 OF THE VERTEBRA AND CONTIGUOUS STRUCTURES AS LEVERS TO DIRECTIONALLY 18 CORRECT ARTICULATE MALPOSITION, AND EXCLUDES MOTION THAT MOVES THE 19 VERTEBRA TO THE END OF ITS RANGE OF MOTION. 20 30. "WELLNESS" MEANS A STATE OF BEING ABLE TO PREVENT ILLNESS AND 21 PROLONG LIFE. 22 31. "WELLNESS COUNSELING" MEANS PATIENT DOCTOR DIALOGUE FOR FACILITAT- 23 ING POSITIVE EMOTION, THOUGHT, AND ACTION PROVIDED WITHIN A MULTIMODAL 24 HOLISTIC FRAMEWORK OF THERAPY INFORMED BY THE NATUROPATHIC PRINCIPLES 25 AND THE THERAPEUTIC ORDER. 26 S 6852. DEFINITION OF THE PRACTICE OF NATUROPATHIC MEDICINE. THE 27 PRACTICE OF NATUROPATHIC MEDICINE IS DEFINED AS FACILITATING OPTIMUM 28 HEALTH AND WELLNESS FOR PATIENTS OF ANY AGE USING NATUROPATHIC ASSESS- 29 MENT, COMMON OFFICE PROCEDURES, PHYSICAL NATUROPATHY, APPROVED 30 SUBSTANCES, AND NONINVASIVE NATUROPATHIC THERAPIES IN A HOLISTIC FRAME- 31 WORK INFORMED BY NATUROPATHIC PRINCIPLES AND A THERAPEUTIC ORDER. 32 S 6853. TITLE AND DESIGNATION. ONLY A PERSON LICENSED UNDER THIS ARTI- 33 CLE MAY USE THE TITLE "NATUROPATHIC DOCTOR", "LICENSED NATUROPATH" OR 34 "PROFESSIONAL NATUROPATH" AND HOLD HERSELF OR HIMSELF OUT AS PRACTICING 35 NATUROPATHIC MEDICINE; PROVIDED, HOWEVER, THAT NONE OF SUCH TITLES NOR 36 ANY COMBINATION OF SUCH TITLES SHALL BE USED TO CONVEY THE IDEA THAT THE 37 INDIVIDUAL WHO USES SUCH TITLE PRACTICES ANYTHING OTHER THAN NATUROPATHY 38 AND NATUROPATHIC MEDICINE. A LICENSED NATUROPATHIC DOCTOR MAY NOT USE 39 THE TITLE "PHYSICIAN" UNLESS OTHERWISE AUTHORIZED UNDER TITLE VIII OF 40 THE EDUCATION LAW. 41 S 6854. INJECTION THERAPY AND INJECTION THERAPY PRIVILEGE. 1. FOR 42 ISSUANCE OF INJECTION THERAPY PRIVILEGE, THE APPLICANT SHALL FULFILL THE 43 FOLLOWING REQUIREMENTS: 44 A. FILE AN APPLICATION WITH THE DEPARTMENT; 45 B. BE LICENSED AS A NATUROPATHIC DOCTOR IN THE STATE, INCLUDING A 46 LIMITED PERMIT HOLDER, OR BE AN APPLICANT FOR LICENSURE UNDER THIS ARTI- 47 CLE MEETING THE QUALIFICATIONS FOR LICENSURE OR FOR A LIMITED PERMIT; 48 C. HAVE SUCCESSFULLY COMPLETED A CERTIFICATION COURSE IN INJECTION 49 THERAPY FROM A COURSE PROVIDER APPROVED BY THE DEPARTMENT OR AS PART OF 50 A PROGRAM OF NATUROPATHIC MEDICINE REGISTERED WITH THE DEPARTMENT OR THE 51 SUBSTANTIAL EQUIVALENT THEREOF; 52 D. PAY A FEE TO THE DEPARTMENT OF TWO HUNDRED DOLLARS FOR THE ISSUANCE 53 AND INITIAL REGISTRATION OF THE INJECTION THERAPY PRIVILEGE. 54 2. AN INJECTION THERAPY PRIVILEGE ISSUED UNDER THIS SECTION SHALL BE 55 VALID FOR THE LIFE OF THE HOLDER, UNLESS REVOKED, ANNULLED, OR SUSPENDED 56 BY THE BOARD OF REGENTS. DURING EACH TRIENNIAL REGISTRATION PERIOD, A A. 7035 8 1 NATUROPATHIC DOCTOR HAVING INJECTION THERAPY PRIVILEGE SHALL COMPLETE 2 EIGHT HOURS OF ACCEPTABLE FORMAL CONTINUING EDUCATION AS PART OF THEIR 3 MANDATORY CONTINUING EDUCATION REQUIREMENT, IN CONFORMANCE WITH THE 4 PROVISIONS OF SECTION SIXTY-EIGHT HUNDRED SIXTY-TWO OF THIS ARTICLE, ON 5 THE SUBJECT OF INJECTION THERAPY, INCLUDING FORMAL CONTINUING EDUCATION 6 THAT CONTRIBUTES TO THE ENHANCEMENT OF CLINICAL INJECTION THERAPY 7 SKILLS, PURSUANT TO THE REGULATION OF THE COMMISSIONER. FAILURE TO 8 COMPLETE THE REQUIRED CONTINUING EDUCATION UNDER THIS SUBSECTION SHALL 9 RESULT IN SUSPENSION OF THE INJECTION THERAPY PRIVILEGE UNTIL SUCH TIME 10 AS THE REQUIRED CONTINUING EDUCATION IS COMPLETE. A SUSPENSION OF THE 11 INJECTION THERAPY PRIVILEGE FOR LACK OF COMPLETION OF THE REQUIRED 12 CONTINUING EDUCATION THAT EXCEEDS TWELVE MONTHS IN DURATION SHALL RESULT 13 IN A REVOCATION OF THE INJECTION THERAPY PRIVILEGE, AND REQUIRE RE-AP- 14 PLICATION, RECERTIFICATION OR OTHER EDUCATION SATISFACTORY TO THE 15 COMMISSIONER, AND THE FEE AS PER SECTION SIXTY-EIGHT HUNDRED FIFTY-SEVEN 16 OF THIS ARTICLE FOR RE-ISSUANCE OF THE INJECTION THERAPY PRIVILEGE. THIS 17 CONTINUING EDUCATION REQUIREMENT IS EFFECTIVE AS OF THE SAME EFFECTIVE 18 DATE AS SECTION SIXTY-EIGHT HUNDRED FIFTY-SEVEN OF THIS ARTICLE. 19 3. A STUDENT IN A DOCTORAL PROGRAM OF NATUROPATHIC MEDICINE REGISTERED 20 WITH THE DEPARTMENT OR THE SUBSTANTIAL EQUIVALENT THEREOF MAY PERFORM 21 INJECTION THERAPY IN AN INTERNSHIP OR PRECEPTORSHIP SETTING WHEN 22 REQUIRED AS PART OF SUCH PROGRAM FOR THE PURPOSE OF FULFILLING SUCH 23 PROGRAM REQUIREMENT ONLY UNDER THE IMMEDIATE DIRECT PERSONAL SUPERVISION 24 OF A PHYSICIAN LICENSED UNDER THIS TITLE OR A NATUROPATHIC DOCTOR 25 LICENSED UNDER THIS ARTICLE HAVING INJECTION THERAPY PRIVILEGE. "IMMEDI- 26 ATE DIRECT PERSONAL SUPERVISION" FOR THE PURPOSES OF THIS SECTION MEANS 27 SUPERVISION OF A PROCEDURE FOR INJECTION THERAPY BASED ON INSTRUCTIONS 28 GIVEN DIRECTLY BY THE SUPERVISING PHYSICIAN OR SUPERVISING NATUROPATHIC 29 DOCTOR WHO REMAINS PHYSICALLY PRESENT IN THE IMMEDIATE AREA WHEN THE 30 INJECTION THERAPY PROCEDURE IS PERFORMED. 31 S 6855. BOUNDARIES OF PROFESSIONAL COMPETENCE. THE ACTIVITIES ENCOM- 32 PASSED WITHIN THE DEFINITION OF THE PRACTICE OF NATUROPATHIC MEDICINE 33 UNDER SECTIONS SIXTY-EIGHT HUNDRED FIFTY-TWO AND SIXTY-EIGHT HUNDRED 34 FIFTY-FOUR OF THIS ARTICLE ARE LIMITED BY THE PROHIBITIONS, BOUNDARIES, 35 AND RESTRICTIONS OF THIS SECTION. 36 1. THE PRACTICE OF THE PROFESSION OF NATUROPATHIC MEDICINE DOES NOT 37 INCLUDE: ADMINISTERING OR PRESCRIBING CONTROLLED SUBSTANCES; ADMINIS- 38 TERING INVASIVE PROCEDURES; ADMINISTERING ELECTROCONVULSIVE THERAPY; 39 ADMINISTERING NEEDLE-TYPE ELECTROMYOGRAPHY; PERFORMING SURGERY OTHER 40 THAN CRYOTHERAPY, LIGATION AND FULGURATION; ADMINISTERING RADIOLOGICAL 41 PROCEDURES USING IONIZING RADIATION ABOVE BACKGROUND LEVELS; ADMINISTER- 42 ING GENERAL OR SPINAL ANESTHETIC DRUGS; ADMINISTERING OBSTETRIC SERVICES 43 OTHER THAN COMPLEMENTARY NATUROPATHIC PRENATAL AND POSTNATAL WELLNESS 44 CARE; ADMINISTERING ACUPUNCTURE; AND SETTING FRACTURES. 45 2. A. (I) IT SHALL BE DEEMED PRACTICING OUTSIDE THE BOUNDARIES OF 46 PROFESSIONAL COMPETENCE FOR A NATUROPATHIC DOCTOR TO PROVIDE EMERGENCY 47 CARE SERVICES FOR TREATING INJURIES OR TRAUMA FROM A SERIOUS ACCIDENT OR 48 A VIOLENT CRIME, EXCEPT AS PERMITTED BY ARTICLE 30 OF THE PUBLIC HEALTH 49 LAW OF NEW YORK. 50 (II) IT SHALL BE DEEMED PROFESSIONAL MISCONDUCT FOR A NATUROPATHIC 51 DOCTOR TO HOLD HERSELF OR HIMSELF OUT AS PROVIDING EMERGENCY CARE 52 SERVICES ON A CONTINUED SUSTAINED BASIS; OR TO TREAT AN ACUTE EMERGENT 53 CONDITION OF SIGNIFICANT THREAT TO LIFE OR LIMB WITHOUT ALSO SUMMONING 54 EMERGENCY MEDICAL RESPONSE. 55 B. (I) IT SHALL BE DEEMED PRACTICING OUTSIDE THE BOUNDARIES OF PROFES- 56 SIONAL COMPETENCE FOR A NATUROPATHIC DOCTOR TO ADMINISTER PHYSICAL NATU- A. 7035 9 1 ROPATHY ON A PATIENT ON A CONTINUED SUSTAINED BASIS UNDER EITHER OF THE 2 FOLLOWING CIRCUMSTANCES: TO ASSIST THE PATIENT TO COMPENSATE FOR DEVEL- 3 OPMENTAL DEFICITS AFFECTING PHYSICAL MOVEMENT AND MOBILITY THAT CANNOT 4 BE REVERSED; AND TO RESTORE, FOR PURPOSES OF PATIENT REINTEGRATION BACK 5 INTO THE HOME, COMMUNITY, OR WORK, SOME OR ALL OF THE PATIENT'S PATHOME- 6 CHANICAL DEFICITS AFFECTING PHYSICAL MOVEMENT AND MOBILITY THAT WERE 7 LOST DUE TO INJURY OR DISEASE CAUSING ONGOING SEPARATION FROM HOME, 8 COMMUNITY OR WORK. 9 (II) A NATUROPATHIC DOCTOR MAY CORRECT VERTEBRAL ALIGNMENT USING 10 VERTEBRAL ADJUSTMENT IN COMBINATION WITH NATUROPATHIC MUSCLE RELEASE 11 TECHNIQUES AND SOFT TISSUE MANIPULATION WITHIN A MULTIMODAL HOLISTIC 12 TREATMENT PLAN, BUT OTHERWISE MAY NOT PRACTICE VERTEBRAL ADJUSTMENT. 13 C. FOR PATIENTS HAVING SYMPTOMATIC, INTELLECTUALLY, SOCIALLY OR 14 EMOTIONALLY MALADAPTIVE BEHAVIOR SUFFICIENT TO BE A MENTAL, EMOTIONAL, 15 COGNITIVE, ADDICTIVE OR BEHAVIORAL DISORDER AS PER DSM (DIAGNOSTIC AND 16 STATISTICAL MANUAL OF MENTAL DISORDERS) CRITERIA OR AN EQUIVALENT THERE- 17 OF, OR PER DIAGNOSIS BY A QUALIFIED HEALTHCARE PROVIDER, IT SHALL BE 18 DEEMED PRACTICING OUTSIDE THE BOUNDARIES OF PROFESSIONAL COMPETENCE FOR 19 A NATUROPATHIC DOCTOR TO FACILITATE CHANGES IN THE PATIENT'S PERSONALITY 20 AND BEHAVIOR FOR THE PURPOSE OF ELIMINATING SUCH SYMPTOMATIC MALADAPTIVE 21 BEHAVIOR CORRESPONDING TO SUCH DISORDER THROUGH THE USE OF VERBAL, 22 COGNITIVE, AND EMOTIONAL INTERPERSONAL COMMUNICATION METHODS OF 23 PSYCHOTHERAPEUTIC INTERVENTION ON A CONTINUED SUSTAINED BASIS. SUCH 24 RESTRICTION ON PSYCHOTHERAPEUTIC INTERVENTION DOES NOT RESTRICT A NATU- 25 ROPATHIC DOCTOR FROM PROVIDING DIETARY AND LIFESTYLE ADVICE AND 26 INSTRUCTIONS TO THE PATIENT, NOR FROM EDUCATING THE PATIENT ABOUT THEIR 27 CIRCUMSTANCES OF HEALTH AND ILLNESS. SUCH RESTRICTION ON PSYCHOTHERAPEU- 28 TIC INTERVENTION EXCLUDES HYPNOTHERAPY APPLIED AS PART OF A MULTIMODE 29 HOLISTIC TREATMENT PLAN (E.G., NUTRIENT THERAPY AND HYPNOTHERAPY) TO 30 TREAT TOBACCO ADDICTION OR OBESITY. ALTHOUGH A NATUROPATHIC DOCTOR 31 CANNOT PROVIDE A PSYCHOLOGICAL DIAGNOSIS, A NATUROPATHIC DOCTOR MAY 32 APPLY AND DOCUMENT SUCH DSM OR EQUIVALENT CRITERIA, OR THE ABSENCE THER- 33 EOF TO DISCERN THIS BOUNDARY OF PROFESSIONAL COMPETENCE, WHICH DISCERN- 34 MENT SHALL DEFER TO A DIAGNOSIS BY A QUALIFIED HEALTHCARE PROVIDER. 35 D. ALTHOUGH THE IDENTIFICATION OF AN ILLNESS IS PART OF A NATUROPATHIC 36 ASSESSMENT, A NATUROPATHIC DOCTOR MAY NOT EQUATE SUCH ASSESSMENT TO A 37 MEDICAL OR PSYCHOLOGICAL DIAGNOSIS, NOR HOLD HIMSELF OR HERSELF OUT AS 38 MAKING A MEDICAL OR PSYCHOLOGICAL DIAGNOSIS. A NATUROPATHIC DOCTOR, 39 HOWEVER, MAY USE COMMON DIAGNOSTIC CODES (E.G., ICD-10 CODES; DSM-V 40 CODES) AND MAY REFER TO AN IDENTIFIED ILLNESS IN DISCUSSIONS WITH THE 41 PATIENT, IN PATIENT HEALTH RECORDS, AND IN COMMUNICATIONS COMPLIANT WITH 42 THE FEDERAL HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996 43 (HIPAA). 44 3. WHILE THE SCOPE OF ACTIVITIES INCLUDED WITHIN THE PRACTICE OF NATU- 45 ROPATHIC MEDICINE OVERLAPS IN PART WITH OTHER PROFESSIONS LICENSED UNDER 46 THIS TITLE, A NATUROPATHIC DOCTOR'S ACTIVITIES ARE TO BE PERFORMED WITH- 47 IN A HOLISTIC FRAMEWORK OF ASSESSING AND TREATING MULTIPLE ASPECTS OF 48 THE PATIENT, AS INFORMED BY THE NATUROPATHIC PRINCIPLES AND THE THERA- 49 PEUTIC ORDER. IN THE PERFORMANCE OF ANY OVERLAPPING SCOPE ACTIVITIES, 50 THE NATUROPATHIC DOCTOR SHALL NOT HOLD HERSELF OR HIMSELF OUT AS PRAC- 51 TICING ANY SUCH OTHER PROFESSION OR USE A TITLE OF ANY SUCH OTHER 52 PROFESSION, UNLESS OTHERWISE AUTHORIZED UNDER THIS TITLE. 53 S 6856. STATE BOARD FOR NATUROPATHIC MEDICINE. 1. A STATE BOARD FOR 54 NATUROPATHIC MEDICINE SHALL BE APPOINTED BY THE BOARD OF REGENTS ON THE 55 RECOMMENDATION OF THE COMMISSIONER FOR THE PURPOSE OF ASSISTING THE 56 BOARD OF REGENTS AND THE DEPARTMENT ON MATTERS OF PROFESSIONAL LICENSING A. 7035 10 1 AND PROFESSIONAL CONDUCT IN ACCORDANCE WITH SECTION SIXTY-FIVE HUNDRED 2 EIGHT OF THIS TITLE. THE BOARD SHALL BE COMPOSED OF TWO PUBLIC REPRESEN- 3 TATIVES WHO DO NOT HOLD INTERESTS IN THE ORGANIZATION, FINANCING OR 4 DELIVERY OF NATUROPATHIC SERVICES, ONE LICENSED PHYSICIAN WHO IS A 5 DOCTOR OF MEDICINE OR A DOCTOR OF OSTEOPATHY, AND NOT LESS THAN SIX 6 NATUROPATHIC DOCTORS. A NATUROPATHIC DOCTOR MEMBER OF THE BOARD SHALL 7 HAVE BEEN LICENSED UNDER THIS ARTICLE FOR AT LEAST TWO YEARS PRIOR TO 8 BEING APPOINTED, WHICH TWO YEAR LICENSE REQUIREMENT IS WAIVED FOR THE 9 INITIAL BOARD AND REPLACED WITH A REQUIREMENT THAT THE NATUROPATHIC 10 DOCTOR OBTAIN A LICENSE UNDER THIS ARTICLE WITHIN ONE YEAR OF APPOINT- 11 MENT OR ONE YEAR OF THE EFFECTIVE DATE OF THIS ARTICLE, WHICHEVER COMES 12 LATER. THE TERMS OF THE FIRST APPOINTED MEMBERS SHALL BE STAGGERED SO 13 THAT THREE ARE APPOINTED FOR THREE YEARS, THREE ARE APPOINTED FOR FOUR 14 YEARS, AND FOUR ARE APPOINTED FOR FIVE YEARS. AN EXECUTIVE SECRETARY OF 15 THE BOARD SHALL BE APPOINTED BY THE BOARD OF REGENTS ON THE RECOMMENDA- 16 TION OF THE COMMISSIONER. 17 2. EXAMINATIONS SELECTED OR PREPARED BY THE BOARD PURSUANT TO SUBDIVI- 18 SION TWO OF SECTION SIXTY-FIVE HUNDRED EIGHT OF THIS TITLE SHALL CONFORM 19 WHENEVER POSSIBLE TO NATIONALLY RECOGNIZED TEST DEVELOPMENT STANDARDS 20 AND TEST COMPETENCIES FOR NATUROPATHIC MEDICINE. 21 S 6857. QUALIFICATIONS FOR LICENSURE. TO QUALIFY FOR A LICENSE TO 22 PRACTICE THE PROFESSION OF NATUROPATHIC MEDICINE, AN APPLICANT SHALL 23 FULFILL THE FOLLOWING REQUIREMENTS: 24 1. FILE AN APPLICATION WITH THE DEPARTMENT; 25 2. HAVE RECEIVED AN EDUCATION, INCLUDING A DOCTORAL DEGREE IN NATURO- 26 PATHIC MEDICINE, GRANTED ON THE BASIS OF COMPLETION OF A PROGRAM OF 27 NATUROPATHIC MEDICINE REGISTERED WITH THE DEPARTMENT OR THE SUBSTANTIAL 28 EQUIVALENT THEREOF, IN ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS; 29 3. FOR APPLICANTS APPLYING MORE THAN TWO YEARS AFTER THE EFFECTIVE 30 DATE OF THIS ARTICLE, HAVE SATISFACTORILY COMPLETED A POST-GRADUATE 31 RESIDENCY PROGRAM OF NATUROPATHIC MEDICINE OF AT LEAST TWELVE MONTHS 32 DURATION APPROVED BY THE DEPARTMENT, OR THE SUBSTANTIAL EQUIVALENT THER- 33 EOF, AND IN ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS; 34 4. PASS AN EXAMINATION SATISFACTORY TO THE BOARD AND IN ACCORDANCE 35 WITH THE COMMISSIONER'S REGULATIONS; 36 5. BE AT LEAST TWENTY-ONE YEARS OF AGE; 37 6. BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE DEPARTMENT; AND 38 7. PAY A FEE OF THREE HUNDRED FIFTY DOLLARS TO THE DEPARTMENT FOR AN 39 INITIAL LICENSE AND A FEE OF FIVE HUNDRED DOLLARS FOR EACH TRIENNIAL 40 REGISTRATION PERIOD. 41 S 6858. SPECIAL CONDITIONS. 1. AN APPLICANT HAVING RECEIVED, PRIOR TO 42 NINETEEN HUNDRED EIGHTY-EIGHT, AN EDUCATION, INCLUDING A DOCTORAL DEGREE 43 IN NATUROPATHIC MEDICINE, GRANTED ON THE BASIS OF COMPLETION OF A 44 PROGRAM OF NATUROPATHIC MEDICINE REGISTERED WITH THE DEPARTMENT OR THE 45 SUBSTANTIAL EQUIVALENT THEREOF, MAY SUBSTITUTE FOR THE EXPERIENCE AND 46 EXAMINATION QUALIFICATIONS OF SECTION SIXTY-EIGHT HUNDRED FIFTY-SEVEN OF 47 THIS ARTICLE, EITHER OF: (I) SATISFACTORY EVIDENCE OF PRACTICE OF NATU- 48 ROPATHIC MEDICINE OF NOT LESS THAN THREE YEARS DURING THE FIVE YEARS 49 PRECEDING THE FILING OF THE APPLICATION; OR (II) PRACTICE UNDER A LIMIT- 50 ED PERMIT FOR AT LEAST TWO OF THE THREE YEARS PRIOR TO APPLICATION UNDER 51 THIS ARTICLE. 52 2. AN APPLICANT HAVING RECEIVED, PRIOR TO TWO YEARS AFTER THE EFFEC- 53 TIVE DATE OF THIS ARTICLE, AN EDUCATION, INCLUDING A DOCTORAL DEGREE IN 54 NATUROPATHIC MEDICINE, GRANTED ON THE BASIS OF COMPLETION OF A PROGRAM 55 OF NATUROPATHIC MEDICINE REGISTERED WITH THE DEPARTMENT OR THE SUBSTAN- 56 TIAL EQUIVALENT THEREOF, MAY SUBSTITUTE FOR THE EXPERIENCE QUALIFICATION A. 7035 11 1 OF SECTION SIXTY-EIGHT HUNDRED FIFTY-SEVEN OF THIS ARTICLE, EITHER OF: 2 (I) SATISFACTORY EVIDENCE OF PRACTICE OF NATUROPATHIC MEDICINE OF NOT 3 LESS THAN THREE YEARS DURING THE FIVE YEARS PRECEDING THE FILING OF THE 4 APPLICATION; OR (II) PRACTICE UNDER A LIMITED PERMIT FOR AT LEAST TWO OF 5 THE THREE YEARS PRIOR TO APPLICATION UNDER THIS ARTICLE. 6 3. THE "PRACTICE OF NATUROPATHIC MEDICINE" AS USED IN THIS SECTION 7 INCLUDES THE PRACTICE OF NATUROPATHY OR NATUROPATHIC MEDICINE IN A STATE 8 OR TERRITORY OF THE UNITED STATES, INCLUDING NEW YORK STATE, OR A CANA- 9 DIAN PROVINCE, WHILE MAINTAINING A PROFESSIONAL LICENSE IN NATUROPATHY 10 OR NATUROPATHIC MEDICINE ISSUED BY THE SAME OR ANOTHER STATE OR TERRITO- 11 RY OR A CANADIAN PROVINCE; AND INCLUDES PRACTICE PERFORMED BEFORE AND 12 AFTER THE EFFECTIVE DATE OF THIS ARTICLE. 13 4. PRACTICE DEMONSTRATED BY SATISFACTORY EVIDENCE OF PRACTICE OR BY A 14 LIMITED PERMIT, AS PROVIDED IN SUBDIVISIONS ONE AND TWO OF THIS SECTION, 15 MUST BE COMPLETE WITHIN EIGHTEEN YEARS AFTER THE EFFECTIVE DATE OF THIS 16 ARTICLE. APPLICANTS HAVING COMPLETED THE PRACTICE REQUIREMENTS OF A 17 SPECIAL CONDITION UNDER THIS SECTION MUST SUBMIT AN APPLICATION FOR 18 LICENSE BY NINETEEN YEARS AFTER THE EFFECTIVE DATE OF THIS ARTICLE AND 19 MUST CURE DEFECTS, IF ANY, IN THE APPLICATION AS IDENTIFIED BY THE 20 DEPARTMENT WITHIN A TIME PERIOD INDICATED BY THE DEPARTMENT. 21 S 6859. EXEMPT PERSONS AND EXEMPTIONS. NOTHING CONTAINED IN THIS ARTI- 22 CLE SHALL BE CONSTRUED TO AFFECT OR PREVENT THE FOLLOWING: 23 1. A. A LICENSED PHYSICIAN FROM PRACTICING HIS OR HER PROFESSION AS 24 DEFINED IN ARTICLES ONE HUNDRED THIRTY-ONE, AS ADDED BY CHAPTER NINE 25 HUNDRED EIGHTY-SEVEN OF THE LAWS OF NINETEEN SEVENTY-ONE, AND ONE 26 HUNDRED THIRTY-ONE-B OF THIS TITLE; A REGISTERED PROFESSIONAL NURSE OR A 27 CERTIFIED NURSE PRACTITIONER PRACTICING HIS OR HER PROFESSION AS DEFINED 28 UNDER ARTICLE ONE HUNDRED THIRTY-NINE OF THIS TITLE; OR 29 B. QUALIFIED MEMBERS OF OTHER PROFESSIONS LICENSED UNDER THIS TITLE 30 FROM PERFORMING THE PRACTICE OF THEIR PROFESSIONS; EXCEPT THAT SUCH 31 PERSONS MAY NOT HOLD THEMSELVES OUT UNDER THE TITLE NATUROPATH OR NATU- 32 ROPATHIC DOCTOR, OR AS PERFORMING NATUROPATHY OR NATUROPATHIC MEDICINE. 33 2. A STUDENT FROM ENGAGING IN CLINICAL PRACTICE UNDER SUPERVISION OF A 34 LICENSED NATUROPATHIC DOCTOR AS PART OF A PROGRAM OF NATUROPATHIC MEDI- 35 CINE REGISTERED BY THE DEPARTMENT OR THE SUBSTANTIAL EQUIVALENT THEREOF. 36 3. THE PRACTICE OF NATUROPATHIC MEDICINE BY A SALARIED EMPLOYEE OF THE 37 GOVERNMENT OF THE UNITED STATES WHILE THE INDIVIDUAL IS ENGAGED IN THE 38 PERFORMANCE OF DUTIES PRESCRIBED BY THE LAWS AND REGULATIONS OF THE 39 UNITED STATES. 40 4. THE DOMESTIC CARE OF THE SICK, DISABLED OR INJURED BY ANY FAMILY 41 MEMBER, HOUSEHOLD MEMBER OR FRIEND, OR PERSON EMPLOYED PRIMARILY IN A 42 DOMESTIC CAPACITY WHO DOES NOT HOLD HIMSELF OR HERSELF OUT, OR ACCEPT 43 EMPLOYMENT AS A PERSON LICENSED TO PRACTICE NATUROPATHIC MEDICINE UNDER 44 THE PROVISIONS OF THIS ARTICLE. 45 5. THE CARE OF THE SICK WHEN DONE IN CONNECTION WITH THE PRACTICE OF 46 THE RELIGIOUS TENETS OF ANY CHURCH. 47 6. THE MARKETING, SALE OR USE OF SUBSTANCES OR DEVICES GOVERNED BY THE 48 FEDERAL FOOD, DRUG, AND COSMETIC ACT THAT DO NOT REQUIRE A PRESCRIPTION 49 FROM A QUALIFIED HEALTHCARE PROVIDER. 50 7. THE CONDUCT, ACTIVITIES, OR SERVICES OF INDIVIDUALS, CHURCHES, 51 SCHOOLS, TEACHERS, ORGANIZATIONS, OR NOT-FOR-PROFIT BUSINESSES IN 52 PROVIDING INSTRUCTION, ADVICE, SUPPORT, ENCOURAGEMENT, OR INFORMATION TO 53 INDIVIDUALS, FAMILIES, AND RELATIONAL GROUPS. 54 S 6860. LIMITED RESIDENCY PERMITS. 1. FOR ISSUANCE OF A LIMITED RESI- 55 DENCY PERMIT, THE APPLICANT SHALL FULFILL THE FOLLOWING REQUIREMENTS: 56 A. FILE AN APPLICATION WITH THE DEPARTMENT; A. 7035 12 1 B. HAVE RECEIVED AN EDUCATION, INCLUDING A DOCTORAL DEGREE IN NATURO- 2 PATHIC MEDICINE, GRANTED ON THE BASIS OF COMPLETION OF A PROGRAM OF 3 NATUROPATHIC MEDICINE REGISTERED WITH THE DEPARTMENT OR THE SUBSTANTIAL 4 EQUIVALENT THEREOF; 5 C. HAVE BEEN ACCEPTED INTO A POST-GRADUATE RESIDENCY PROGRAM OF NATU- 6 ROPATHIC MEDICINE APPROVED BY THE DEPARTMENT; 7 D. BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE DEPARTMENT; 8 E. BE AT LEAST TWENTY-ONE YEARS OF AGE; AND 9 F. PAY A FEE TO THE DEPARTMENT OF ONE HUNDRED DOLLARS, OR FOR A 10 RENEWAL A FEE OF FIFTY DOLLARS. 11 2. SUCH PERMIT SHALL ALLOW THE PERMIT HOLDER TO PERFORM SUCH ACTIV- 12 ITIES THAT ARE REQUIRED FOR SUCCESSFUL COMPLETION OF THE RESIDENCY 13 PROGRAM UNDER THE ADMINISTRATIVE SUPERVISION OF A LICENSED NATUROPATHIC 14 DOCTOR SERVING AS THE RESIDENCY DIRECTOR. PRACTICE ACTIVITIES UNDER A 15 LIMITED RESIDENCY PERMIT SHALL BE LIMITED TO FACILITIES ENCOMPASSED BY 16 THE POST-GRADUATE RESIDENCY PROGRAM OF THE PERMIT HOLDER, SUCH AS A 17 HOSPITAL, AN INCORPORATED HOSPITAL OR CLINIC, A LICENSED PROPRIETARY 18 HOSPITAL, A LICENSED NURSING HOME, A PUBLIC HEALTH AGENCY, A RECOGNIZED 19 PUBLIC OR NON-PUBLIC SCHOOL SETTING, THE OFFICE OF A LICENSED NATURO- 20 PATHIC DOCTOR, OR IN THE CIVIL SERVICE OF THE STATE OR POLITICAL SUBDI- 21 VISION THEREOF. PRACTICE SUPERVISION OF A PERMIT HOLDER'S PRACTICE 22 ACTIVITIES SHALL BE ON-SITE SUPERVISION BY A LICENSED NATUROPATHIC 23 DOCTOR, EXCEPT FOR INJECTION THERAPY PROCEDURES, WHICH SHALL BE DIRECT 24 PERSONAL SUPERVISION BY A LICENSED PHYSICIAN OR A LICENSED NATUROPATHIC 25 DOCTOR HAVING INJECTION THERAPY PRIVILEGE. "DIRECT PERSONAL SUPERVISION" 26 FOR THE PURPOSES OF THIS SECTION MEANS SUPERVISION OF A PROCEDURE FOR 27 INJECTION THERAPY BASED ON INSTRUCTIONS GIVEN DIRECTLY BY THE SUPERVIS- 28 ING PHYSICIAN OR SUPERVISING NATUROPATHIC DOCTOR WHO REMAINS ON SITE 29 WHEN AND WHERE THE PROCEDURE IS BEING PERFORMED, BUT SHALL NOT BE 30 CONSTRUED AS NECESSARILY REQUIRING THE PHYSICAL PRESENCE OF THE SUPER- 31 VISING PHYSICIAN OR SUPERVISING NATUROPATHIC DOCTOR IN THE IMMEDIATE 32 AREA AT THE TIME WHEN THE INJECTION THERAPY PROCEDURE IS PERFORMED. 33 3. SUCH PERMIT SHALL BE ISSUED FOR ONE YEAR AND MAY BE RENEWED AT THE 34 DISCRETION OF THE DEPARTMENT FOR ONE OR TWO ADDITIONAL YEARS WHEN NECES- 35 SARY TO PERMIT THE COMPLETION OF AN APPROVED POST-GRADUATE RESIDENCY IN 36 NATUROPATHIC MEDICINE. 37 S 6861. LIMITED PERMITS. 1. FOR ISSUANCE OF A LIMITED PERMIT, THE 38 APPLICANT SHALL FULFILL THE FOLLOWING REQUIREMENTS: 39 A. FILE AN APPLICATION WITH THE DEPARTMENT; 40 B. HAVE RECEIVED AN EDUCATION, INCLUDING A DOCTORAL DEGREE IN NATURO- 41 PATHIC MEDICINE, GRANTED ON THE BASIS OF COMPLETION OF A PROGRAM OF 42 NATUROPATHIC MEDICINE REGISTERED WITH THE DEPARTMENT OR THE SUBSTANTIAL 43 EQUIVALENT THEREOF; 44 C. INDICATE EXERCISING OPTION TO ATTAIN QUALIFICATIONS FOR LICENSURE 45 USING A LIMITED PERMIT SPECIAL CONDITION UNDER SECTION SIXTY-EIGHT 46 HUNDRED FIFTY-EIGHT OF THIS ARTICLE; 47 D. BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE DEPARTMENT; 48 E. BE AT LEAST TWENTY-ONE YEARS OF AGE; AND 49 F. PAY A FEE OF TWO HUNDRED DOLLARS TO THE DEPARTMENT. 50 2. SUCH LIMITED PERMIT SHALL AUTHORIZE THE PRACTICE OF NATUROPATHIC 51 MEDICINE ONLY UNDER THE SUPERVISION OF A LICENSED NATUROPATHIC DOCTOR. 52 SUPERVISION OF THE LIMITED PERMIT HOLDER'S PRACTICE ACTIVITIES SHALL BE 53 ON-SITE SUPERVISION BY A LICENSED NATUROPATHIC DOCTOR. 54 3. A LIMITED PERMIT SHALL BE ISSUED FOR A PERIOD OF TWO YEARS, AND MAY 55 BE RENEWED UNDER CIRCUMSTANCES AND FOR A TIME PERIOD AND FEE IN ACCORD- 56 ANCE WITH THE COMMISSIONER'S REGULATIONS. A. 7035 13 1 4. THE LAST DAY FOR APPLYING FOR A LIMITED PERMIT UNDER THIS SECTION 2 IS FIFTEEN YEARS AFTER THE EFFECTIVE DATE OF THIS SECTION. 3 S 6862. MANDATORY CONTINUING EDUCATION. 1. A. EACH NATUROPATHIC DOCTOR 4 LICENSED PURSUANT TO THIS ARTICLE, REQUIRED TO REGISTER TRIENNIALLY WITH 5 THE DEPARTMENT TO PRACTICE IN THIS STATE SHALL COMPLY WITH THE 6 PROVISIONS OF THE MANDATORY CONTINUING EDUCATION REQUIREMENTS PRESCRIBED 7 IN SUBDIVISION TWO OF THIS SECTION, EXCEPT AS PROVIDED IN PARAGRAPHS B 8 AND C OF THIS SUBDIVISION. NATUROPATHIC DOCTORS WHO DO NOT SATISFY THE 9 MANDATORY CONTINUING EDUCATION REQUIREMENTS SHALL NOT PRACTICE UNTIL 10 THEY HAVE MET SUCH REQUIREMENTS, AND THEY HAVE BEEN ISSUED A REGISTRA- 11 TION CERTIFICATE, EXCEPT THAT A NATUROPATHIC DOCTOR MAY PRACTICE WITHOUT 12 HAVING MET SUCH REQUIREMENTS IF HE OR SHE IS ISSUED A CONDITIONAL REGIS- 13 TRATION PURSUANT TO SUBDIVISION THREE OF THIS SECTION. 14 B. NATUROPATHIC DOCTORS SHALL BE EXEMPT FROM THE MANDATORY CONTINUING 15 EDUCATION REQUIREMENT FOR THE TRIENNIAL REGISTRATION PERIOD DURING WHICH 16 THEY ARE FIRST LICENSED. IN ACCORD WITH THE INTENT OF THIS SECTION, 17 ADJUSTMENTS TO THE MANDATORY CONTINUING EDUCATION REQUIREMENTS MAY BE 18 GRANTED BY THE DEPARTMENT FOR REASONS OF HEALTH CERTIFIED BY AN APPRO- 19 PRIATE HEALTH CARE PROFESSIONAL, FOR EXTENDED ACTIVE DUTY WITH THE ARMED 20 FORCES OF THE UNITED STATES, OR FOR OTHER GOOD CAUSE ACCEPTABLE TO THE 21 DEPARTMENT, WHICH MAY PREVENT COMPLIANCE. 22 C. A LICENSED NATUROPATHIC DOCTOR NOT ENGAGED IN PROFESSIONAL PRAC- 23 TICE, AS DETERMINED BY THE DEPARTMENT, SHALL BE EXEMPT FROM THE MANDATO- 24 RY CONTINUING EDUCATION REQUIREMENT UPON THE FILING OF A STATEMENT WITH 25 THE DEPARTMENT DECLARING SUCH STATUS. ANY LICENSEE WHO RETURNS TO THE 26 PRACTICE OF NATUROPATHIC MEDICINE DURING THE TRIENNIAL REGISTRATION 27 PERIOD SHALL NOTIFY THE DEPARTMENT PRIOR TO REENTERING THE PROFESSION 28 AND SHALL MEET SUCH MANDATORY EDUCATION REQUIREMENTS AS SHALL BE 29 PRESCRIBED BY REGULATIONS OF THE COMMISSIONER. 30 2. DURING EACH TRIENNIAL REGISTRATION PERIOD AN APPLICANT FOR REGIS- 31 TRATION SHALL COMPLETE SIXTY HOURS OF ACCEPTABLE FORMAL CONTINUING 32 EDUCATION. ANY LICENSED NATUROPATHIC DOCTOR WHOSE FIRST REGISTRATION 33 DATE FOLLOWING THE EFFECTIVE DATE OF THIS SECTION OCCURS LESS THAN THREE 34 YEARS FROM SUCH EFFECTIVE DATE, SHALL COMPLETE CONTINUING EDUCATION 35 HOURS ON A PRORATED BASIS AT THE RATE OF ONE AND ONE-HALF HOURS PER 36 MONTH FOR THE NUMBER OF MONTHS BETWEEN THE EFFECTIVE DATE AND THE FIRST 37 REGISTRATION DATE. THEREAFTER, A LICENSEE WHO HAS NOT SATISFIED THE 38 MANDATORY CONTINUING EDUCATION REQUIREMENTS SHALL NOT BE ISSUED A TRIEN- 39 NIAL REGISTRATION CERTIFICATE BY THE DEPARTMENT AND SHALL NOT PRACTICE 40 UNLESS AND UNTIL A CONDITIONAL REGISTRATION CERTIFICATE IS ISSUED AS 41 PROVIDED IN SUBDIVISION THREE OF THIS SECTION. THE INDIVIDUAL LICENSEE 42 SHALL DETERMINE THE SELECTION OF COURSES OR PROGRAMS OF STUDY PURSUANT 43 TO SUBDIVISION FOUR OF THIS SECTION. CONTINUING EDUCATION HOURS TAKEN 44 DURING ONE TRIENNIUM MAY NOT BE CARRIED OVER OR OTHERWISE CREDITED OR 45 TRANSFERRED TO A SUBSEQUENT TRIENNIUM. 46 3. THE DEPARTMENT, IN ITS DISCRETION, MAY ISSUE A CONDITIONAL REGIS- 47 TRATION TO A LICENSEE WHO FAILS TO MEET THE CONTINUING EDUCATION 48 REQUIREMENTS ESTABLISHED IN SUBDIVISION TWO OF THIS SECTION BUT WHO 49 AGREES TO MAKE UP ANY DEFICIENCIES AND TAKE ANY ADDITIONAL EDUCATION 50 WHICH THE DEPARTMENT MAY REQUIRE. THE FEE FOR SUCH A CONDITIONAL REGIS- 51 TRATION SHALL BE THE SAME AS, AND IN ADDITION TO, THE FEE FOR THE TRIEN- 52 NIAL REGISTRATION. THE DURATION OF SUCH CONDITIONAL REGISTRATION SHALL 53 BE DETERMINED BY THE DEPARTMENT BUT SHALL NOT EXCEED ONE YEAR. ANY 54 LICENSEE WHO IS NOTIFIED OF THE DENIAL OF REGISTRATION FOR FAILURE TO 55 COMPLETE THE REQUIRED CONTINUED EDUCATION AND WHO CONTINUES TO PRACTICE 56 NATUROPATHIC MEDICINE WITHOUT SUCH REGISTRATION, SHALL BE SUBJECT TO A. 7035 14 1 DISCIPLINARY PROCEEDINGS PURSUANT TO SECTION SIXTY-FIVE HUNDRED TEN OF 2 THIS TITLE. 3 4. AS USED IN THIS SECTION, "ACCEPTABLE FORMAL CONTINUING EDUCATION" 4 SHALL MEAN FORMAL PROGRAMS OF LEARNING WHICH CONTAIN SUBJECT MATTER 5 WHICH MEET THE FOLLOWING REQUIREMENTS: CONTRIBUTES TO THE ENHANCEMENT OF 6 PROFESSIONAL AND CLINICAL SKILLS OF THE NATUROPATHIC DOCTOR; MEETS THE 7 STANDARDS PRESCRIBED BY REGULATIONS OF THE COMMISSIONER IN CONSULTATION 8 WITH THE BOARD TO FULFILL THE MANDATORY CONTINUING EDUCATION REQUIRE- 9 MENT; AND IS SPONSORED OR PRESENTED BY A STATE OR A CANADIAN PROVINCE 10 NATUROPATHIC MEDICINE PROFESSIONAL ORGANIZATION ACCEPTABLE TO THE 11 DEPARTMENT, A UNITED STATES OR CANADIAN NATIONAL NATUROPATHIC MEDICINE 12 PROFESSIONAL ORGANIZATION ACCEPTABLE TO THE DEPARTMENT, AN INSTITUTION 13 OF HIGHER LEARNING HAVING AN ACCREDITATION ACCEPTABLE TO THE DEPARTMENT, 14 OR ANOTHER SPONSOR APPROVED BY THE DEPARTMENT, PURSUANT TO THE REGU- 15 LATION OF THE COMMISSIONER. CONTINUING EDUCATION COURSES MUST BE TAKEN 16 FROM A PROVIDER WHO HAS BEEN APPROVED BY THE DEPARTMENT, BASED UPON AN 17 APPLICATION AND FEE, PURSUANT TO THE REGULATIONS OF THE COMMISSIONER. 18 THE DEPARTMENT MAY, IN ITS DISCRETION AND AS NEEDED TO CONTRIBUTE TO THE 19 HEALTH AND WELFARE OF THE PUBLIC, REQUIRE THE COMPLETION OF CONTINUING 20 EDUCATION ACTIVITIES IN SPECIFIC SUBJECTS TO FULFILL THIS MANDATORY 21 CONTINUING EDUCATION REQUIREMENT. 22 5. LICENSED NATUROPATHIC DOCTORS SHALL MAINTAIN ADEQUATE DOCUMENTATION 23 OF COMPLETION OF ACCEPTABLE FORMAL CONTINUING EDUCATION AND SHALL 24 PROVIDE SUCH DOCUMENTATION TO THE DEPARTMENT UPON REQUEST. FAILURE TO 25 PROVIDE SUCH DOCUMENTATION UPON REQUEST OF THE DEPARTMENT SHALL BE AN 26 ACT OF MISCONDUCT SUBJECT TO DISCIPLINARY PROCEEDINGS PURSUANT TO 27 SECTION SIXTY-FIVE HUNDRED TEN OF THIS TITLE. 28 6. THE MANDATORY CONTINUING EDUCATION FEE SHALL BE FIFTY DOLLARS, 29 SHALL BE PAYABLE ON OR BEFORE THE FIRST DAY OF EACH TRIENNIAL REGISTRA- 30 TION PERIOD, AND SHALL BE IN ADDITION TO THE TRIENNIAL REGISTRATION FEE 31 REQUIRED BY SECTION SIXTY-EIGHT HUNDRED FIFTY-SEVEN OF THIS ARTICLE. 32 S 3. Subdivision (a) of section 1203 of the limited liability company 33 law, as amended by chapter 554 of the laws of 2013, is amended to read 34 as follows: 35 (a) Notwithstanding the education law or any other provision of law, 36 one or more professionals each of whom is authorized by law to render a 37 professional service within the state, or one or more professionals, at 38 least one of whom is authorized by law to render a professional service 39 within the state, may form, or cause to be formed, a professional 40 service limited liability company for pecuniary profit under this arti- 41 cle for the purpose of rendering the professional service or services as 42 such professionals are authorized to practice. With respect to a profes- 43 sional service limited liability company formed to provide medical 44 services as such services are defined in article 131 of the education 45 law, each member of such limited liability company must be licensed 46 pursuant to article 131 of the education law to practice medicine in 47 this state. WITH RESPECT TO A PROFESSIONAL SERVICE LIMITED LIABILITY 48 COMPANY FORMED TO PROVIDE NATUROPATHIC SERVICES AS SUCH SERVICES ARE 49 DEFINED IN ARTICLE 138 OF THE EDUCATION LAW, EACH MEMBER OF SUCH LIMITED 50 LIABILITY COMPANY MUST BE LICENSED PURSUANT TO ARTICLE 138 OF THE EDUCA- 51 TION LAW TO PRACTICE NATUROPATHY IN THIS STATE. With respect to a 52 professional service limited liability company formed to provide dental 53 services as such services are defined in article 133 of the education 54 law, each member of such limited liability company must be licensed 55 pursuant to article 133 of the education law to practice dentistry in 56 this state. With respect to a professional service limited liability A. 7035 15 1 company formed to provide veterinary services as such services are 2 defined in article 135 of the education law, each member of such limited 3 liability company must be licensed pursuant to article 135 of the educa- 4 tion law to practice veterinary medicine in this state. With respect to 5 a professional service limited liability company formed to provide 6 professional engineering, land surveying, architectural and/or landscape 7 architectural services as such services are defined in article 145, 8 article 147 and article 148 of the education law, each member of such 9 limited liability company must be licensed pursuant to article 145, 10 article 147 and/or article 148 of the education law to practice one or 11 more of such professions in this state. With respect to a professional 12 service limited liability company formed to provide licensed clinical 13 social work services as such services are defined in article 154 of the 14 education law, each member of such limited liability company shall be 15 licensed pursuant to article 154 of the education law to practice 16 licensed clinical social work in this state. With respect to a profes- 17 sional service limited liability company formed to provide creative arts 18 therapy services as such services are defined in article 163 of the 19 education law, each member of such limited liability company must be 20 licensed pursuant to article 163 of the education law to practice crea- 21 tive arts therapy in this state. With respect to a professional service 22 limited liability company formed to provide marriage and family therapy 23 services as such services are defined in article 163 of the education 24 law, each member of such limited liability company must be licensed 25 pursuant to article 163 of the education law to practice marriage and 26 family therapy in this state. With respect to a professional service 27 limited liability company formed to provide mental health counseling 28 services as such services are defined in article 163 of the education 29 law, each member of such limited liability company must be licensed 30 pursuant to article 163 of the education law to practice mental health 31 counseling in this state. With respect to a professional service limited 32 liability company formed to provide psychoanalysis services as such 33 services are defined in article 163 of the education law, each member of 34 such limited liability company must be licensed pursuant to article 163 35 of the education law to practice psychoanalysis in this state. With 36 respect to a professional service limited liability company formed to 37 provide applied behavior analysis services as such services are defined 38 in article 167 of the education law, each member of such limited liabil- 39 ity company must be licensed or certified pursuant to article 167 of the 40 education law to practice applied behavior analysis in this state. In 41 addition to engaging in such profession or professions, a professional 42 service limited liability company may engage in any other business or 43 activities as to which a limited liability company may be formed under 44 section two hundred one of this chapter. Notwithstanding any other 45 provision of this section, a professional service limited liability 46 company (i) authorized to practice law may only engage in another 47 profession or business or activities or (ii) which is engaged in a 48 profession or other business or activities other than law may only 49 engage in the practice of law, to the extent not prohibited by any other 50 law of this state or any rule adopted by the appropriate appellate divi- 51 sion of the supreme court or the court of appeals. 52 S 3-a. Subdivision (a) of section 1203 of the limited liability compa- 53 ny law, as amended by chapter 475 of the laws of 2014, is amended to 54 read as follows: 55 (a) Notwithstanding the education law or any other provision of law, 56 one or more professionals each of whom is authorized by law to render a A. 7035 16 1 professional service within the state, or one or more professionals, at 2 least one of whom is authorized by law to render a professional service 3 within the state, may form, or cause to be formed, a professional 4 service limited liability company for pecuniary profit under this arti- 5 cle for the purpose of rendering the professional service or services as 6 such professionals are authorized to practice. With respect to a 7 professional service limited liability company formed to provide medical 8 services as such services are defined in article 131 of the education 9 law, each member of such limited liability company must be licensed 10 pursuant to article 131 of the education law to practice medicine in 11 this state. WITH RESPECT TO A PROFESSIONAL SERVICE LIMITED LIABILITY 12 COMPANY FORMED TO PROVIDE NATUROPATHIC SERVICES AS SUCH SERVICES ARE 13 DEFINED IN ARTICLE 138 OF THE EDUCATION LAW, EACH MEMBER OF SUCH LIMITED 14 LIABILITY COMPANY MUST BE LICENSED PURSUANT TO ARTICLE 138 OF THE EDUCA- 15 TION LAW TO PRACTICE NATUROPATHY IN THIS STATE. With respect to a 16 professional service limited liability company formed to provide dental 17 services as such services are defined in article 133 of the education 18 law, each member of such limited liability company must be licensed 19 pursuant to article 133 of the education law to practice dentistry in 20 this state. With respect to a professional service limited liability 21 company formed to provide veterinary services as such services are 22 defined in article 135 of the education law, each member of such limited 23 liability company must be licensed pursuant to article 135 of the educa- 24 tion law to practice veterinary medicine in this state. With respect to 25 a professional service limited liability company formed to provide 26 professional engineering, land surveying, architectural, landscape 27 architectural and/or geological services as such services are defined in 28 article 145, article 147 and article 148 of the education law, each 29 member of such limited liability company 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 in this state. With respect to 32 a professional service limited liability company formed to provide 33 licensed clinical social work services as such services are defined in 34 article 154 of the education law, each member of such limited liability 35 company shall be licensed pursuant to article 154 of the education law 36 to practice licensed clinical social work in this state. With respect to 37 a professional service limited liability company formed to provide crea- 38 tive arts therapy services as such services are defined in article 163 39 of the education law, each member of such limited liability company must 40 be licensed pursuant to article 163 of the education law to practice 41 creative arts therapy in this state. With respect to a professional 42 service limited liability company formed to provide marriage and family 43 therapy services as such services are defined in article 163 of the 44 education law, each member of such limited liability company must be 45 licensed pursuant to article 163 of the education law to practice 46 marriage and family therapy in this state. With respect to a profes- 47 sional service limited liability company formed to provide mental health 48 counseling services as such services are defined in article 163 of the 49 education law, each member of such limited liability company must be 50 licensed pursuant to article 163 of the education law to practice mental 51 health counseling in this state. With respect to a professional service 52 limited liability company formed to provide psychoanalysis services as 53 such services are defined in article 163 of the education law, each 54 member of such limited liability company must be licensed pursuant to 55 article 163 of the education law to practice psychoanalysis in this 56 state. With respect to a professional service limited liability company A. 7035 17 1 formed to provide applied behavior analysis services as such services 2 are defined in article 167 of the education law, each member of such 3 limited liability company must be licensed or certified pursuant to 4 article 167 of the education law to practice applied behavior analysis 5 in this state. In addition to engaging in such profession or 6 professions, a professional service limited liability company may engage 7 in any other business or activities as to which a limited liability 8 company may be formed under section two hundred one of this chapter. 9 Notwithstanding any other provision of this section, a professional 10 service limited liability company (i) authorized to practice law may 11 only engage in another profession or business or activities or (ii) 12 which is engaged in a profession or other business or activities other 13 than law may only engage in the practice of law, to the extent not 14 prohibited by any other law of this state or any rule adopted by the 15 appropriate appellate division of the supreme court or the court of 16 appeals. 17 S 4. Subdivision (b) of section 1207 of the limited liability company 18 law, as amended by chapter 554 of the laws of 2013, is amended to read 19 as follows: 20 (b) With respect to a professional service limited liability company 21 formed to provide medical services as such services are defined in arti- 22 cle 131 of the education law, each member of such limited liability 23 company must be licensed pursuant to article 131 of the education law to 24 practice medicine in this state. WITH RESPECT TO A PROFESSIONAL SERVICE 25 LIMITED LIABILITY COMPANY FORMED TO PROVIDE NATUROPATHIC SERVICES AS 26 SUCH SERVICES ARE DEFINED IN ARTICLE 138 OF THE EDUCATION LAW, EACH 27 MEMBER OF SUCH LIMITED LIABILITY COMPANY MUST BE LICENSED PURSUANT TO 28 ARTICLE 138 OF THE EDUCATION LAW TO PRACTICE NATUROPATHY IN THIS STATE. 29 With respect to a professional service limited liability company formed 30 to provide dental services as such services are defined in article 133 31 of the education law, each member of such limited liability company must 32 be licensed pursuant to article 133 of the education law to practice 33 dentistry in this state. With respect to a professional service limited 34 liability company formed to provide veterinary services as such services 35 are defined in article 135 of the education law, each member of such 36 limited liability company must be licensed pursuant to article 135 of 37 the education law to practice veterinary medicine in this state. With 38 respect to a professional service limited liability company formed to 39 provide professional engineering, land surveying, architectural and/or 40 landscape architectural services as such services are defined in article 41 145, article 147 and article 148 of the education law, each member of 42 such limited liability company must be licensed pursuant to article 145, 43 article 147 and/or article 148 of the education law to practice one or 44 more of such professions in this state. With respect to a professional 45 service limited liability company formed to provide licensed clinical 46 social work services as such services are defined in article 154 of the 47 education law, each member of such limited liability company shall be 48 licensed pursuant to article 154 of the education law to practice 49 licensed clinical social work in this state. With respect to a profes- 50 sional service limited liability company formed to provide creative arts 51 therapy services as such services are defined in article 163 of the 52 education law, each member of such limited liability company must be 53 licensed pursuant to article 163 of the education law to practice crea- 54 tive arts therapy in this state. With respect to a professional service 55 limited liability company formed to provide marriage and family therapy 56 services as such services are defined in article 163 of the education A. 7035 18 1 law, each member of such limited liability company must be licensed 2 pursuant to article 163 of the education law to practice marriage and 3 family therapy in this state. With respect to a professional service 4 limited liability company formed to provide mental health counseling 5 services as such services are defined in article 163 of the education 6 law, each member of such limited liability company must be licensed 7 pursuant to article 163 of the education law to practice mental health 8 counseling in this state. With respect to a professional service limited 9 liability company formed to provide psychoanalysis services as such 10 services are defined in article 163 of the education law, each member of 11 such limited liability company must be licensed pursuant to article 163 12 of the education law to practice psychoanalysis in this state. With 13 respect to a professional service limited liability company formed to 14 provide applied behavior analysis services as such services are defined 15 in article 167 of the education law, each member of such limited liabil- 16 ity company must be licensed or certified pursuant to article 167 of the 17 education law to practice applied behavior analysis in this state. 18 S 4-a. Subdivision (b) of section 1207 of the limited liability compa- 19 ny law, as amended by chapter 475 of the laws of 2014, is amended to 20 read as follows: 21 (b) With respect to a professional service limited liability company 22 formed to provide medical services as such services are defined in arti- 23 cle 131 of the education law, each member of such limited liability 24 company must be licensed pursuant to article 131 of the education law to 25 practice medicine in this state. WITH RESPECT TO A PROFESSIONAL SERVICE 26 LIMITED LIABILITY COMPANY FORMED TO PROVIDE NATUROPATHIC SERVICES AS 27 SUCH SERVICES ARE DEFINED IN ARTICLE 138 OF THE EDUCATION LAW, EACH 28 MEMBER OF SUCH LIMITED LIABILITY COMPANY MUST BE LICENSED PURSUANT TO 29 ARTICLE 138 OF THE EDUCATION LAW TO PRACTICE NATUROPATHY IN THIS STATE. 30 With respect to a professional service limited liability company formed 31 to provide dental services as such services are defined in article 133 32 of the education law, each member of such limited liability company must 33 be licensed pursuant to article 133 of the education law to practice 34 dentistry in this state. With respect to a professional service limited 35 liability company formed to provide veterinary services as such services 36 are defined in article 135 of the education law, each member of such 37 limited liability company must be licensed pursuant to article 135 of 38 the education law to practice veterinary medicine in this state. With 39 respect to a professional service limited liability company formed to 40 provide professional engineering, land surveying, architectural, land- 41 scape architectural and/or geological services as such services are 42 defined in article 145, article 147 and article 148 of the education 43 law, each member of such limited liability company must be licensed 44 pursuant to article 145, article 147 and/or article 148 of the education 45 law to practice one or more of such professions in this state. With 46 respect to a professional service limited liability company formed to 47 provide licensed clinical social work services as such services are 48 defined in article 154 of the education law, each member of such limited 49 liability company shall be licensed pursuant to article 154 of the 50 education law to practice licensed clinical social work in this state. 51 With respect to a professional service limited liability company formed 52 to provide creative arts therapy services as such services are defined 53 in article 163 of the education law, each member of such limited liabil- 54 ity company must be licensed pursuant to article 163 of the education 55 law to practice creative arts therapy in this state. With respect to a 56 professional service limited liability company formed to provide A. 7035 19 1 marriage and family therapy services as such services are defined in 2 article 163 of the education law, each member of such limited liability 3 company must be licensed pursuant to article 163 of the education law to 4 practice marriage and family therapy in this state. With respect to a 5 professional service limited liability company formed to provide mental 6 health counseling services as such services are defined in article 163 7 of the education law, each member of such limited liability company must 8 be licensed pursuant to article 163 of the education law to practice 9 mental health counseling in this state. With respect to a professional 10 service limited liability company formed to provide psychoanalysis 11 services as such services are defined in article 163 of the education 12 law, each member of such limited liability company must be licensed 13 pursuant to article 163 of the education law to practice psychoanalysis 14 in this state. With respect to a professional service limited liability 15 company formed to provide applied behavior analysis services as such 16 services are defined in article 167 of the education law, each member of 17 such limited liability company must be licensed or certified pursuant to 18 article 167 of the education law to practice applied behavior analysis 19 in this state. 20 S 5. Subdivision (a) of section 1301 of the limited liability company 21 law, as amended by chapter 554 of the laws of 2013, is amended to read 22 as follows: 23 (a) "Foreign professional service limited liability company" means a 24 professional service limited liability company, whether or not denomi- 25 nated as such, organized under the laws of a jurisdiction other than 26 this state, (i) each of whose members and managers, if any, is a profes- 27 sional authorized by law to render a professional service within this 28 state and who is or has been engaged in the practice of such profession 29 in such professional service limited liability company or a predecessor 30 entity, or will engage in the practice of such profession in the profes- 31 sional service limited liability company within thirty days of the date 32 such professional becomes a member, or each of whose members and manag- 33 ers, if any, is a professional at least one of such members is author- 34 ized by law to render a professional service within this state and who 35 is or has been engaged in the practice of such profession in such 36 professional service limited liability company or a predecessor entity, 37 or will engage in the practice of such profession in the professional 38 service limited liability company within thirty days of the date such 39 professional becomes a member, or (ii) authorized by, or holding a 40 license, certificate, registration or permit issued by the licensing 41 authority pursuant to, the education law to render a professional 42 service within this state; except that all members and managers, if any, 43 of a foreign professional service limited liability company that 44 provides health services in this state shall be licensed in this state. 45 WITH RESPECT TO A PROFESSIONAL SERVICE LIMITED LIABILITY COMPANY FORMED 46 TO PROVIDE NATUROPATHIC SERVICES AS SUCH SERVICES ARE DEFINED IN ARTICLE 47 138 OF THE EDUCATION LAW, EACH MEMBER OF SUCH LIMITED LIABILITY COMPANY 48 MUST BE LICENSED PURSUANT TO ARTICLE 138 OF THE EDUCATION LAW TO PRAC- 49 TICE NATUROPATHY IN THIS STATE. With respect to a foreign professional 50 service limited liability company which provides veterinary services as 51 such services are defined in article 135 of the education law, each 52 member of such foreign professional service limited liability company 53 shall be licensed pursuant to article 135 of the education law to prac- 54 tice veterinary medicine. With respect to a foreign professional service 55 limited liability company which provides medical services as such 56 services are defined in article 131 of the education law, each member of A. 7035 20 1 such foreign professional service limited liability company must be 2 licensed pursuant to article 131 of the education law to practice medi- 3 cine in this state. With respect to a foreign professional service 4 limited liability company which provides dental services as such 5 services are defined in article 133 of the education law, each member of 6 such foreign professional service limited liability company must be 7 licensed pursuant to article 133 of the education law to practice 8 dentistry in this state. With respect to a foreign professional service 9 limited liability company which provides professional engineering, land 10 surveying, architectural and/or landscape architectural services as such 11 services are defined in article 145, article 147 and article 148 of the 12 education law, each member of such foreign professional service limited 13 liability company must be licensed pursuant to article 145, article 147 14 and/or article 148 of the education law to practice one or more of such 15 professions in this state. With respect to a foreign professional 16 service limited liability company which provides licensed clinical 17 social work services as such services are defined in article 154 of the 18 education law, each member of such foreign professional service limited 19 liability company shall be licensed pursuant to article 154 of the 20 education law to practice clinical social work in this state. With 21 respect to a foreign professional service limited liability company 22 which provides creative arts therapy services as such services are 23 defined in article 163 of the education law, each member of such foreign 24 professional service limited liability company must be licensed pursuant 25 to article 163 of the education law to practice creative arts therapy in 26 this state. With respect to a foreign professional service limited 27 liability company which provides marriage and family therapy services as 28 such services are defined in article 163 of the education law, each 29 member of such foreign professional service limited liability company 30 must be licensed pursuant to article 163 of the education law to prac- 31 tice marriage and family therapy in this state. With respect to a 32 foreign professional service limited liability company which provides 33 mental health counseling services as such services are defined in arti- 34 cle 163 of the education law, each member of such foreign professional 35 service limited liability company must be licensed pursuant to article 36 163 of the education law to practice mental health counseling in this 37 state. With respect to a foreign professional service limited liability 38 company which provides psychoanalysis services as such services are 39 defined in article 163 of the education law, each member of such foreign 40 professional service limited liability company must be licensed pursuant 41 to article 163 of the education law to practice psychoanalysis in this 42 state. With respect to a foreign professional service limited liability 43 company which provides applied behavior analysis services as such 44 services are defined in article 167 of the education law, each member of 45 such foreign professional service limited liability company must be 46 licensed or certified pursuant to article 167 of the education law to 47 practice applied behavior analysis in this state. 48 S 5-a. Subdivision (a) of section 1301 of the limited liability compa- 49 ny law, as amended by chapter 475 of the laws of 2014, is amended to 50 read as follows: 51 (a) "Foreign professional service limited liability company" means a 52 professional service limited liability company, whether or not denomi- 53 nated as such, organized under the laws of a jurisdiction other than 54 this state, (i) each of whose members and managers, if any, is a profes- 55 sional authorized by law to render a professional service within this 56 state and who is or has been engaged in the practice of such profession A. 7035 21 1 in such professional service limited liability company or a predecessor 2 entity, or will engage in the practice of such profession in the profes- 3 sional service limited liability company within thirty days of the date 4 such professional becomes a member, or each of whose members and manag- 5 ers, if any, is a professional at least one of such members is author- 6 ized by law to render a professional service within this state and who 7 is or has been engaged in the practice of such profession in such 8 professional service limited liability company or a predecessor entity, 9 or will engage in the practice of such profession in the professional 10 service limited liability company within thirty days of the date such 11 professional becomes a member, or (ii) authorized by, or holding a 12 license, certificate, registration or permit issued by the licensing 13 authority pursuant to, the education law to render a professional 14 service within this state; except that all members and managers, if any, 15 of a foreign professional service limited liability company that 16 provides health services in this state shall be licensed in this state. 17 WITH RESPECT TO A PROFESSIONAL SERVICE LIMITED LIABILITY COMPANY FORMED 18 TO PROVIDE NATUROPATHIC SERVICES AS SUCH SERVICES ARE DEFINED IN ARTICLE 19 138 OF THE EDUCATION LAW, EACH MEMBER OF SUCH LIMITED LIABILITY COMPANY 20 MUST BE LICENSED PURSUANT TO ARTICLE 138 OF THE EDUCATION LAW TO PRAC- 21 TICE NATUROPATHY IN THIS STATE. With respect to a foreign professional 22 service limited liability company which provides veterinary services as 23 such services are defined in article 135 of the education law, each 24 member of such foreign professional service limited liability company 25 shall be licensed pursuant to article 135 of the education law to prac- 26 tice veterinary medicine. With respect to a foreign professional service 27 limited liability company which provides medical services as such 28 services are defined in article 131 of the education law, each member of 29 such foreign professional service limited liability company must be 30 licensed pursuant to article 131 of the education law to practice medi- 31 cine in this state. With respect to a foreign professional service 32 limited liability company which provides dental services as such 33 services are defined in article 133 of the education law, each member of 34 such foreign professional service limited liability company must be 35 licensed pursuant to article 133 of the education law to practice 36 dentistry in this state. With respect to a foreign professional service 37 limited liability company which provides professional engineering, land 38 surveying, geologic, architectural and/or landscape architectural 39 services as such services are defined in article 145, article 147 and 40 article 148 of the education law, each member of such foreign profes- 41 sional service limited liability company must be licensed pursuant to 42 article 145, article 147 and/or article 148 of the education law to 43 practice one or more of such professions in this state. With respect to 44 a foreign professional service limited liability company which provides 45 licensed clinical social work services as such services are defined in 46 article 154 of the education law, each member of such foreign profes- 47 sional service limited liability company shall be licensed pursuant to 48 article 154 of the education law to practice clinical social work in 49 this state. With respect to a foreign professional service limited 50 liability company which provides creative arts therapy services as such 51 services are defined in article 163 of the education law, each member of 52 such foreign professional service limited liability company must be 53 licensed pursuant to article 163 of the education law to practice crea- 54 tive arts therapy in this state. With respect to a foreign professional 55 service limited liability company which provides marriage and family 56 therapy services as such services are defined in article 163 of the A. 7035 22 1 education law, each member of such foreign professional service limited 2 liability company must be licensed pursuant to article 163 of the educa- 3 tion law to practice marriage and family therapy in this state. With 4 respect to a foreign professional service limited liability company 5 which provides mental health counseling services as such services are 6 defined in article 163 of the education law, each member of such foreign 7 professional service limited liability company must be licensed pursuant 8 to article 163 of the education law to practice mental health counseling 9 in this state. With respect to a foreign professional service limited 10 liability company which provides psychoanalysis services as such 11 services are defined in article 163 of the education law, each member of 12 such foreign professional service limited liability company must be 13 licensed pursuant to article 163 of the education law to practice 14 psychoanalysis in this state. With respect to a foreign professional 15 service limited liability company which provides applied behavior analy- 16 sis services as such services are defined in article 167 of the educa- 17 tion law, each member of such foreign professional service limited 18 liability company must be licensed or certified pursuant to article 167 19 of the education law to practice applied behavior analysis in this 20 state. 21 S 6. Subdivision (q) of section 121-1500 of the partnership law, as 22 amended by chapter 554 of the laws of 2013, is amended to read as 23 follows: 24 (q) Each partner of a registered limited liability partnership formed 25 to provide medical services in this state must be licensed pursuant to 26 article 131 of the education law to practice medicine in this state and 27 each partner of a registered limited liability partnership formed to 28 provide dental services in this state must be licensed pursuant to arti- 29 cle 133 of the education law to practice dentistry in this state. EACH 30 PARTNER OF A REGISTERED LIMITED LIABILITY PARTNERSHIP FORMED TO PROVIDE 31 NATUROPATHIC SERVICES IN THIS STATE MUST BE LICENSED PURSUANT TO ARTICLE 32 138 OF THE EDUCATION LAW TO PRACTICE NATUROPATHY IN THIS STATE. Each 33 partner of a registered limited liability partnership formed to provide 34 veterinary services in this state must be licensed pursuant to article 35 135 of the education law to practice veterinary medicine in this state. 36 Each partner of a registered limited liability partnership formed to 37 provide professional engineering, land surveying, architectural and/or 38 landscape architectural services in this state must be licensed pursuant 39 to article 145, article 147 and/or article 148 of the education law to 40 practice one or more of such professions in this state. Each partner of 41 a registered limited liability partnership formed to provide licensed 42 clinical social work services in this state must be licensed pursuant to 43 article 154 of the education law to practice clinical social work in 44 this state. Each partner of a registered limited liability partnership 45 formed to provide creative arts therapy services in this state must be 46 licensed pursuant to article 163 of the education law to practice crea- 47 tive arts therapy in this state. Each partner of a registered limited 48 liability partnership formed to provide marriage and family therapy 49 services in this state must be licensed pursuant to article 163 of the 50 education law to practice marriage and family therapy in this state. 51 Each partner of a registered limited liability partnership formed to 52 provide mental health counseling services in this state must be licensed 53 pursuant to article 163 of the education law to practice mental health 54 counseling in this state. Each partner of a registered limited liability 55 partnership formed to provide psychoanalysis services in this state must 56 be licensed pursuant to article 163 of the education law to practice A. 7035 23 1 psychoanalysis in this state. Each partner of a registered limited 2 liability partnership formed to provide applied behavior analysis 3 service in this state must be licensed or certified pursuant to article 4 167 of the education law to practice applied behavior analysis in this 5 state. 6 S 6-a. Subdivision (q) of section 121-1500 of the partnership law, as 7 amended by chapter 475 of the laws of 2014, is amended to read as 8 follows: 9 (q) Each partner of a registered limited liability partnership formed 10 to provide medical services in this state must be licensed pursuant to 11 article 131 of the education law to practice medicine in this state and 12 each partner of a registered limited liability partnership formed to 13 provide dental services in this state must be licensed pursuant to arti- 14 cle 133 of the education law to practice dentistry in this state. EACH 15 PARTNER OF A REGISTERED LIMITED LIABILITY PARTNERSHIP FORMED TO PROVIDE 16 NATUROPATHIC SERVICES IN THIS STATE MUST BE LICENSED PURSUANT TO ARTICLE 17 138 OF THE EDUCATION LAW TO PRACTICE NATUROPATHY IN THIS STATE. Each 18 partner of a registered limited liability partnership formed to provide 19 veterinary services in this state must be licensed pursuant to article 20 135 of the education law to practice veterinary medicine in this state. 21 Each partner of a registered limited liability partnership formed to 22 provide professional engineering, land surveying, geological services, 23 architectural and/or landscape architectural services in this state must 24 be licensed pursuant to article 145, article 147 and/or article 148 of 25 the education law to practice one or more of such professions in this 26 state. Each partner of a registered limited liability partnership formed 27 to provide licensed clinical social work services in this state must be 28 licensed pursuant to article 154 of the education law to practice clin- 29 ical social work in this state. Each partner of a registered limited 30 liability partnership formed to provide creative arts therapy services 31 in this state must be licensed pursuant to article 163 of the education 32 law to practice creative arts therapy in this state. Each partner of a 33 registered limited liability partnership formed to provide marriage and 34 family therapy services in this state must be licensed pursuant to arti- 35 cle 163 of the education law to practice marriage and family therapy in 36 this state. Each partner of a registered limited liability partnership 37 formed to provide mental health counseling services in this state must 38 be licensed pursuant to article 163 of the education law to practice 39 mental health counseling in this state. Each partner of a registered 40 limited liability partnership formed to provide psychoanalysis services 41 in this state must be licensed pursuant to article 163 of the education 42 law to practice psychoanalysis in this state. Each partner of a regis- 43 tered limited liability partnership formed to provide applied behavior 44 analysis service in this state must be licensed or certified pursuant to 45 article 167 of the education law to practice applied behavior analysis 46 in this state. 47 S 7. Subdivision (q) of section 121-1502 of the partnership law, as 48 amended by chapter 554 of the laws of 2013, is amended to read as 49 follows: 50 (q) Each partner of a foreign limited liability partnership which 51 provides medical services in this state must be licensed pursuant to 52 article 131 of the education law to practice medicine in the state and 53 each partner of a foreign limited liability partnership which provides 54 dental services in the state must be licensed pursuant to article 133 of 55 the education law to practice dentistry in this state. EACH PARTNER OF 56 A FOREIGN LIMITED LIABILITY PARTNERSHIP WHICH PROVIDES NATUROPATHIC A. 7035 24 1 SERVICES IN THIS STATE MUST BE LICENSED PURSUANT TO ARTICLE 138 OF THE 2 EDUCATION LAW TO PRACTICE NATUROPATHY IN THIS STATE. Each partner of a 3 foreign limited liability partnership which provides veterinary service 4 in the state shall be licensed pursuant to article 135 of the education 5 law to practice veterinary medicine in this state. Each partner of a 6 foreign limited liability partnership which provides professional engi- 7 neering, land surveying, architectural and/or landscape architectural 8 services in this state must be licensed pursuant to article 145, article 9 147 and/or article 148 of the education law to practice one or more of 10 such professions. Each partner of a foreign limited liability partner- 11 ship which provides licensed clinical social work services in this state 12 must be licensed pursuant to article 154 of the education law to prac- 13 tice licensed clinical social work in this state. Each partner of a 14 foreign limited liability partnership which provides creative arts ther- 15 apy services in this state must be licensed pursuant to article 163 of 16 the education law to practice creative arts therapy in this state. Each 17 partner of a foreign limited liability partnership which provides 18 marriage and family therapy services in this state must be licensed 19 pursuant to article 163 of the education law to practice marriage and 20 family therapy in this state. Each partner of a foreign limited liabil- 21 ity partnership which provides mental health counseling services in this 22 state must be licensed pursuant to article 163 of the education law to 23 practice mental health counseling in this state. Each partner of a 24 foreign limited liability partnership which provides psychoanalysis 25 services in this state must be licensed pursuant to article 163 of the 26 education law to practice psychoanalysis in this state. Each partner of 27 a foreign limited liability partnership which provides applied behavior 28 analysis services in this state must be licensed or certified pursuant 29 to article 167 of the education law to practice applied behavior analy- 30 sis in this state. 31 S 7-a. Subdivision (q) of section 121-1500 of the partnership law, as 32 amended by chapter 475 of the laws of 2014, is amended to read as 33 follows: 34 (q) Each partner of a foreign limited liability partnership which 35 provides medical services in this state must be licensed pursuant to 36 article 131 of the education law to practice medicine in the state and 37 each partner of a foreign limited liability partnership which provides 38 dental services in the state must be licensed pursuant to article 133 of 39 the education law to practice dentistry in this state. EACH PARTNER OF A 40 FOREIGN LIMITED LIABILITY PARTNERSHIP WHICH PROVIDES NATUROPATHIC 41 SERVICES IN THIS STATE MUST BE LICENSED PURSUANT TO ARTICLE 138 OF THE 42 EDUCATION LAW TO PRACTICE NATUROPATHY IN THIS STATE. Each partner of a 43 foreign limited liability partnership which provides veterinary service 44 in the state shall be licensed pursuant to article 135 of the education 45 law to practice veterinary medicine in this state. Each partner of a 46 foreign limited liability partnership which provides professional engi- 47 neering, land surveying, geological services, architectural and/or land- 48 scape architectural services in this state must be licensed pursuant to 49 article 145, article 147 and/or article 148 of the education law to 50 practice one or more of such professions. Each partner of a foreign 51 limited liability partnership which provides licensed clinical social 52 work services in this state must be licensed pursuant to article 154 of 53 the education law to practice licensed clinical social work in this 54 state. Each partner of a foreign limited liability partnership which 55 provides creative arts therapy services in this state must be licensed 56 pursuant to article 163 of the education law to practice creative arts A. 7035 25 1 therapy in this state. Each partner of a foreign limited liability part- 2 nership which provides marriage and family therapy services in this 3 state must be licensed pursuant to article 163 of the education law to 4 practice marriage and family therapy in this state. Each partner of a 5 foreign limited liability partnership which provides mental health coun- 6 seling services in this state must be licensed pursuant to article 163 7 of the education law to practice mental health counseling in this state. 8 Each partner of a foreign limited liability partnership which provides 9 psychoanalysis services in this state must be licensed pursuant to arti- 10 cle 163 of the education law to practice psychoanalysis in this state. 11 Each partner of a foreign limited liability partnership which provides 12 applied behavior analysis services in this state must be licensed or 13 certified pursuant to article 167 of the education law to practice 14 applied behavior analysis in this state. 15 S 8. Paragraph (a) of subdivision 1 of section 413 of the social 16 services law, as amended by chapter 126 of the laws of 2014, is amended 17 to read as follows: 18 (a) The following persons and officials are required to report or 19 cause a report to be made in accordance with this title when they have 20 reasonable cause to suspect that a child coming before them in their 21 professional or official capacity is an abused or maltreated child, or 22 when they have reasonable cause to suspect that a child is an abused or 23 maltreated child where the parent, guardian, custodian or other person 24 legally responsible for such child comes before them in their profes- 25 sional or official capacity and states from personal knowledge facts, 26 conditions or circumstances which, if correct, would render the child an 27 abused or maltreated child: any physician; registered physician assist- 28 ant; surgeon; medical examiner; coroner; dentist; dental hygienist; 29 osteopath; optometrist; chiropractor; podiatrist; NATUROPATHIC DOCTOR; 30 resident; intern; psychologist; registered nurse; social worker; emer- 31 gency medical technician; licensed creative arts therapist; licensed 32 marriage and family therapist; licensed mental health counselor; 33 licensed psychoanalyst; licensed behavior analyst; certified behavior 34 analyst assistant; hospital personnel engaged in the admission, examina- 35 tion, care or treatment of persons; a Christian Science practitioner; 36 school official, which includes but is not limited to school teacher, 37 school guidance counselor, school psychologist, school social worker, 38 school nurse, school administrator or other school personnel required to 39 hold a teaching or administrative license or certificate; social 40 services worker; director of a children's overnight camp, summer day 41 camp or traveling summer day camp, as such camps are defined in section 42 thirteen hundred ninety-two of the public health law; day care center 43 worker; school-age child care worker; provider of family or group family 44 day care; employee or volunteer in a residential care facility for chil- 45 dren that is licensed, certified or operated by the office of children 46 and family services; or any other child care or foster care worker; 47 mental health professional; substance abuse counselor; alcoholism coun- 48 selor; all persons credentialed by the office of alcoholism and 49 substance abuse services; peace officer; police officer; district attor- 50 ney or assistant district attorney; investigator employed in the office 51 of a district attorney; or other law enforcement official. 52 S 8-a. Paragraph (a) of subdivision 1 of section 413 of the social 53 services law, as separately amended by chapters 126 and 205 of the laws 54 of 2014, is amended to read as follows: 55 (a) The following persons and officials are required to report or 56 cause a report to be made in accordance with this title when they have A. 7035 26 1 reasonable cause to suspect that a child coming before them in their 2 professional or official capacity is an abused or maltreated child, or 3 when they have reasonable cause to suspect that a child is an abused or 4 maltreated child where the parent, guardian, custodian or other person 5 legally responsible for such child comes before them in their profes- 6 sional or official capacity and states from personal knowledge facts, 7 conditions or circumstances which, if correct, would render the child an 8 abused or maltreated child: any physician; registered physician assist- 9 ant; surgeon; medical examiner; coroner; dentist; dental hygienist; 10 osteopath; optometrist; chiropractor; podiatrist; NATUROPATHIC DOCTOR; 11 resident; intern; psychologist; registered nurse; social worker; emer- 12 gency medical technician; licensed creative arts therapist; licensed 13 marriage and family therapist; licensed mental health counselor; 14 licensed psychoanalyst; licensed behavior analyst; certified behavior 15 analyst assistant; hospital personnel engaged in the admission, examina- 16 tion, care or treatment of persons; a Christian Science practitioner; 17 school official, which includes but is not limited to school teacher, 18 school guidance counselor, school psychologist, school social worker, 19 school nurse, school administrator or other school personnel required to 20 hold a teaching or administrative license or certificate; full or part- 21 time compensated school employee required to hold a temporary coaching 22 license or professional coaching certificate; social services worker; 23 director of a children's overnight camp, summer day camp or traveling 24 summer day camp, as such camps are defined in section thirteen hundred 25 ninety-two of the public health law; day care center worker; school-age 26 child care worker; provider of family or group family day care; employee 27 or volunteer in a residential care facility for children that is 28 licensed, certified or operated by the office of children and family 29 services; or any other child care or foster care worker; mental health 30 professional; substance abuse counselor; alcoholism counselor; all 31 persons credentialed by the office of alcoholism and substance abuse 32 services; peace officer; police officer; district attorney or assistant 33 district attorney; investigator employed in the office of a district 34 attorney; or other law enforcement official. 35 S 9. Subdivision 6 of section 571 of the public health law, as amended 36 by chapter 444 of the laws of 2013, is amended to read as follows: 37 6. "Qualified health care professional" means a physician, dentist, 38 podiatrist, NATUROPATHIC DOCTOR, optometrist performing a clinical labo- 39 ratory test that does not use an invasive modality as defined in section 40 seventy-one hundred one of the education law, physician assistant, 41 specialist assistant, nurse practitioner, or midwife, who is licensed 42 and registered with the state education department. 43 S 10. Subdivision 1 of section 585 of the public health law, as added 44 by chapter 803 of the laws of 1992, is amended to read as follows: 45 1. "Health services purveyor" means any person, firm, partnership, 46 group, association, corporation or professional corporation, or any 47 agent, employee, fiduciary, employer or representative thereof, includ- 48 ing but not limited to a physician, dentist, podiatrist, NATUROPATHIC 49 DOCTOR or chiropractor, either in individual practice, group practice or 50 employed in a facility owned by any person, group, association, firm, 51 partnership or corporation hiring any of the aforementioned practition- 52 ers, who provide health or health related services. 53 S 11. This act shall take effect on the five hundred fortieth day 54 after it shall have become a law; provided however, that: 55 a. section eight of this act shall take effect immediately; provided 56 however that; A. 7035 27 1 b. section eight-a of this act shall take effect on the same date and 2 in the same manner as section 1 of chapter 205 of the laws of 2014, 3 takes effect; 4 c. the amendments to subdivision (a) of section 1203 of the limited 5 liability company law made by section three-a of this act shall take 6 effect on the same date and in the same manner as section twenty-one of 7 chapter 475 of the laws of 2014, takes effect; 8 d. the amendments to subdivision (a) of section 1207 of the limited 9 liability company law made by section four-a of this act shall take 10 effect on the same date and in the same manner as section twenty-two of 11 chapter 475 of the laws of 2014, takes effect; 12 e. the amendments to subdivision (a) of section 1301 of the limited 13 liability company law made by section five-a of this act shall take 14 effect on the same date and in the same manner as section twenty-three 15 of chapter 475 of the laws of 2014, takes effect; 16 f. the amendments to subdivision (q) of section 121-1500 of the part- 17 nership law made by section six-a of this act shall take effect on the 18 same date and in the same manner as section twenty-six of chapter 475 of 19 the laws of 2014, takes effect; 20 g. the amendments to subdivision (q) of section 121-1502 of the part- 21 nership law made by section seven-a of this act shall take effect on the 22 same date and in the same manner as section twenty-seven of chapter 475 23 of the laws of 2014, takes effect; 24 h. the provisions of section 6854 of the education law, as added by 25 section two of this act, shall take effect two years after the effective 26 date of this act; 27 i. the provisions of section 6856 of the education law, as added by 28 section two of this act, shall expire and be deemed repealed ten years 29 after the effective date of this act; 30 j. the provisions of sections 6858 and 6861 of the education law, as 31 added by section two of this act, shall expire and be deemed repealed 32 twenty years after the effective date of this act; 33 k. the provisions of section 6862 of the education law, as added by 34 section two of this act, shall take effect three years after the effec- 35 tive date of this act; and 36 l. effective immediately, the addition, amendment and/or repeal of any 37 rule or regulation necessary for the implementation of this act on its 38 effective date is authorized and directed to be made and completed by 39 the commissioner of education and the board of regents on or before such 40 effective date.