Bill Text: NY A08391 | 2011-2012 | General Assembly | Introduced
Bill Title: Relates to the practice of licensed professions by special education schools and early intervention agencies and their employees.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2012-01-04 - referred to education [A08391 Detail]
Download: New_York-2011-A08391-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
8391
2011-2012 Regular Sessions
I N A S S E M B L Y
June 15, 2011
___________
Introduced by M. of A. PAULIN -- read once and referred to the Committee
on Education
AN ACT to amend the education law, in relation to special education
services and programs for preschool children with handicapping condi-
tions, and in relation to waivers for certain special education
schools and early intervention agencies; and to repeal subdivision 6
of section 4410 of such law relating thereto
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Subdivision 6 of section 4410 of the education law is
2 REPEALED and a new subdivision 6 is added to read as follows:
3 6. PROFESSIONAL PRACTICE ISSUES. A. NOTWITHSTANDING ANY PROVISIONS OF
4 LAW TO THE CONTRARY, APPROVED PROGRAMS OPERATED BY PRIVATE PROVIDERS
5 SHALL BE AUTHORIZED TO EMPLOY LICENSED PROFESSIONALS OR CONTRACT WITH
6 LICENSED PROFESSIONALS OR ENTITIES LEGALLY AUTHORIZED TO PROVIDE PROFES-
7 SIONAL SERVICES IN ACCORDANCE WITH SECTION SIXTY-FIVE HUNDRED THREE-B OF
8 THIS CHAPTER.
9 B. AN APPROVED PROGRAM MAY BE FORMED, WITH THE CONSENT OF THE COMMIS-
10 SIONER, AS AN EDUCATION CORPORATION, BUSINESS CORPORATION, LIMITED
11 LIABILITY COMPANY OR AS A NOT-FOR-PROFIT CORPORATION. IN ADDITION, AN
12 APPROVED PROGRAM OR GROUP OF APPROPRIATELY LICENSED OR CERTIFIED PROFES-
13 SIONALS MAY BE FORMED AS A PROFESSIONAL SERVICES CORPORATION FORMED
14 PURSUANT TO ARTICLE FIFTEEN OF THE BUSINESS CORPORATION LAW, A PROFES-
15 SIONAL SERVICE LIMITED LIABILITY COMPANY OR AS A FOREIGN PROFESSIONAL
16 SERVICE LIMITED LIABILITY COMPANY IN ACCORDANCE WITH THE APPLICABLE
17 PROVISIONS OF ARTICLE TWELVE OR THIRTEEN OF THE LIMITED LIABILITY COMPA-
18 NY LAW OR AS A REGISTERED LIMITED LIABILITY PARTNERSHIP OR REGISTERED
19 FOREIGN LIMITED LIABILITY PARTNERSHIP IN ACCORDANCE WITH ARTICLE EIGHT-B
20 OF THE PARTNERSHIP LAW. AN APPROVED PROGRAM FORMED AS SUCH A PROFES-
21 SIONAL SERVICES CORPORATION, PROFESSIONAL SERVICE LIMITED LIABILITY
22 COMPANY OR REGISTERED LIMITED LIABILITY PARTNERSHIP MAY BE AUTHORIZED TO
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08924-01-1
A. 8391 2
1 PROVIDE SPECIAL EDUCATION ITINERANT SERVICES OR OTHER EDUCATIONAL
2 SERVICES NOT INVOLVING PRACTICE OF A PROFESSION UNDER TITLE EIGHT OF
3 THIS CHAPTER. AN APPROVED PROGRAM OR GROUP OF PROFESSIONALS FORMED AS
4 SUCH A NOT-FOR-PROFIT CORPORATION, EDUCATION CORPORATION, BUSINESS
5 CORPORATION, LIMITED LIABILITY COMPANY OR PROFESSIONAL SERVICES ORGAN-
6 IZATION ESTABLISHED PURSUANT TO ARTICLE FIFTEEN OF THE BUSINESS CORPO-
7 RATION LAW, ARTICLE TWELVE OR THIRTEEN OF THE LIMITED LIABILITY COMPANY
8 LAW OR ARTICLE EIGHT-B OF THE PARTNERSHIP LAW MAY EMPLOY OR CONTRACT
9 WITH INDIVIDUALS LICENSED OR OTHERWISE AUTHORIZED TO PRACTICE, OR WITH A
10 PROFESSIONAL SERVICE CORPORATION, PARTNERSHIP OR OTHER ENTITY LEGALLY
11 AUTHORIZED TO PRACTICE ANY PROFESSION UNDER TITLE EIGHT OF THIS CHAPTER
12 IN WHICH THE ENTITY WOULD NOT BE AUTHORIZED TO PROVIDE PROFESSIONAL
13 SERVICES UNDER THE APPLICABLE PROVISIONS OF SECTION TWELVE HUNDRED THREE
14 OR SUBDIVISION (A) OF SECTION THIRTEEN HUNDRED ONE OF THE LIMITED
15 LIABILITY COMPANY LAW OR SECTIONS 121-1500 OR 121-1502 OF THE PARTNER-
16 SHIP LAW, WITHIN THE SCOPE OF THE STATE EDUCATION DEPARTMENT OPERATING
17 CERTIFICATE AND ONLY FOR THE PURPOSES OF CONDUCTING A MULTI-DISCIPLINARY
18 EVALUATION OF A PRESCHOOL CHILD SUSPECTED OF HAVING A DISABILITY OR A
19 PRESCHOOL CHILD WITH A DISABILITY OR PROVIDING RELATED SERVICES SPECI-
20 FIED IN THE INDIVIDUALIZED EDUCATION PROGRAM OF A PRESCHOOL CHILD.
21 C. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, THE
22 EXEMPTION IN SUBDIVISION TWO OF SECTION EIGHTY-TWO HUNDRED SEVEN OF THIS
23 CHAPTER SHALL APPLY TO PERSONS EMPLOYED BY A CENTER-BASED PROGRAM
24 APPROVED PURSUANT TO SUBDIVISION NINE OF THIS SECTION TO PERFORM THE
25 DUTIES OF A SPEECH-LANGUAGE PATHOLOGIST, AUDIOLOGIST, TEACHER OF THE
26 SPEECH AND HEARING IMPAIRED OR TEACHER OF THE DEAF TO STUDENTS ENROLLED
27 IN SUCH APPROVED CENTER-BASED PROGRAM IN THE COURSE OF THEIR EMPLOYMENT.
28 D. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, THE
29 EXEMPTION IN SUBDIVISION ONE OF SECTION SEVENTY-SIX HUNDRED FIVE OF THIS
30 CHAPTER SHALL APPLY TO PERSONS EMPLOYED BY A CENTER-BASED PROGRAM
31 APPROVED PURSUANT TO SUBDIVISION NINE OF THIS SECTION AS A SCHOOL
32 PSYCHOLOGIST TO PROVIDE ACTIVITIES, SERVICES AND USE OF THE TITLE
33 PSYCHOLOGIST TO STUDENTS ENROLLED IN SUCH APPROVED CENTER-BASED PROGRAM
34 IN THE COURSE OF THEIR EMPLOYMENT.
35 S 2. Paragraphs b and d of subdivision 9 of section 4410 of the educa-
36 tion law, as amended by chapter 705 of the laws of 1992, are amended to
37 read as follows:
38 b. As part of an application submitted pursuant to paragraph a of this
39 subdivision, a provider of special services or programs shall submit a
40 description of its multi-disciplinary evaluation component, if any,
41 which shall be subject to the approval of the commissioner in accordance
42 with regulations adopted for such purpose after consultation with the
43 appropriate advisory committee. Such components or program may rely in
44 part on formal written agreements or affiliations with appropriately
45 certified or licensed professionals, or agencies employing such profes-
46 sionals, provided that such professionals or agencies perform their
47 responsibilities in conformance with regulations of the commissioner and
48 that providers fully disclose any such arrangements on all applications
49 for program approval, AND PROVIDED FURTHER THAT THE PROVIDER CERTIFIES
50 THAT IT SHALL APPLY FOR AND OBTAIN A WAIVER PURSUANT TO SECTION
51 SIXTY-FIVE HUNDRED THREE-B OF THIS CHAPTER PRIOR TO PROVIDING EVALUATION
52 SERVICES PURSUANT TO SUCH WRITTEN AGREEMENTS OR AFFILIATIONS. Nothing
53 herein shall require a provider of special services or programs to have
54 a multidisciplinary evaluation program.
55 d. Providers may make application to conduct a program that relies on
56 formal written agreements or affiliations with other approved programs
A. 8391 3
1 or appropriately certified or licensed professionals, provided that such
2 arrangements are fully disclosed on all applications to the commissioner
3 for program approval, AND PROVIDED FURTHER THAT THE PROVIDER CERTIFIES
4 IT SHALL APPLY FOR AND OBTAIN A WAIVER PURSUANT TO SECTION SIXTY-FIVE
5 HUNDRED THREE-B OF THIS CHAPTER PRIOR TO PROVIDING RELATED SERVICES
6 PURSUANT TO ANY SUCH WRITTEN AGREEMENTS OR AFFILIATIONS INVOLVING
7 LICENSED PROFESSIONALS.
8 S 3. Paragraph (a) of subdivision 9-a of section 4410 of the education
9 law, as added by chapter 82 of the laws of 1995, is amended to read as
10 follows:
11 (a) A school district or a group of appropriately licensed and/or
12 certified professionals associated with a public or private agency may
13 apply to the commissioner for approval as an evaluator on a form
14 prescribed by the commissioner. The commissioner shall approve evalu-
15 ators pursuant to this subdivision consistent with the approval process
16 for the multi-disciplinary evaluation component of programs approved
17 pursuant to subdivision nine of this section consistent with regulations
18 adopted pursuant to such subdivision.
19 Such application shall include, but not be limited to, a description
20 of the multi-disciplinary evaluation services proposed to be provided
21 and a demonstration that all agency employees and staff who provide such
22 evaluation services shall have appropriate licensure and/or certif-
23 ication and that the individual who shall have direct supervision
24 responsibilities over such staff shall have an appropriate level of
25 experience in providing evaluation or services to preschool or kinder-
26 garten-aged children with [handicapping conditions] DISABILITIES. TO BE
27 ELIGIBLE FOR APPROVAL AS AN EVALUATOR UNDER THIS SUBDIVISION ON AND
28 AFTER JULY FIRST, TWO THOUSAND ELEVEN, A GROUP OF APPROPRIATELY LICENSED
29 OR CERTIFIED PROFESSIONALS SHALL BE FORMED AS A NOT-FOR-PROFIT CORPO-
30 RATION, EDUCATION CORPORATION, BUSINESS CORPORATION, LIMITED LIABILITY
31 COMPANY OR PROFESSIONAL SERVICES ORGANIZATION ESTABLISHED PURSUANT TO
32 ARTICLE FIFTEEN OF THE BUSINESS CORPORATION LAW, ARTICLE TWELVE OR THIR-
33 TEEN OF THE LIMITED LIABILITY COMPANY LAW OR ARTICLE EIGHT-B OF THE
34 PARTNERSHIP LAW. THE APPROVAL OF ANY GROUPS OF LICENSED OR CERTIFIED
35 PROFESSIONALS THAT ARE IN EXISTENCE ON JULY FIRST, TWO THOUSAND ELEVEN
36 AND WOULD NOT BE ELIGIBLE FOR APPROVAL THEREAFTER SHALL TERMINATE ON
37 JULY FIRST, TWO THOUSAND THIRTEEN.
38 S 4. The education law is amended by adding a new section 6503-b to
39 read as follows:
40 S 6503-B. WAIVER FOR CERTAIN SPECIAL EDUCATION SCHOOLS AND EARLY
41 INTERVENTION AGENCIES. 1. DEFINITIONS. AS USED IN THIS SECTION:
42 A. "SPECIAL EDUCATION SCHOOL" MEANS AN APPROVED PROGRAM AS DEFINED IN
43 PARAGRAPH B OF SUBDIVISION ONE OF SECTION FORTY-FOUR HUNDRED TEN OF THIS
44 CHAPTER THAT MEETS THE REQUIREMENTS OF PARAGRAPH B OF SUBDIVISION SIX OF
45 SUCH SECTION FORTY-FOUR HUNDRED TEN; AN APPROVED PRIVATE NONRESIDENTIAL
46 OR RESIDENTIAL SCHOOL FOR THE EDUCATION OF STUDENTS WITH DISABILITIES
47 THAT IS LOCATED WITHIN THE STATE; A CHILD CARE INSTITUTION AS DEFINED IN
48 SECTION FOUR THOUSAND ONE OF THIS CHAPTER THAT OPERATES A PRIVATE SCHOOL
49 FOR THE EDUCATION OF STUDENTS WITH DISABILITIES OR AN INSTITUTION FOR
50 THE DEAF OR BLIND OPERATING PURSUANT TO ARTICLE EIGHTY-FIVE OF THIS
51 CHAPTER THAT EITHER: (1) CONDUCTS A MULTI-DISCIPLINARY EVALUATION FOR
52 PURPOSES OF ARTICLES EIGHTY-ONE OR EIGHTY-NINE OF THIS CHAPTER THAT
53 INVOLVES THE PRACTICE OF ONE OR MORE PROFESSIONS FOR WHICH A LICENSE IS
54 REQUIRED PURSUANT TO THIS TITLE AND NO EXCEPTION FROM CORPORATE PRACTICE
55 RESTRICTIONS APPLIES, OR (2) PROVIDES RELATED SERVICES TO STUDENTS
56 ENROLLED IN THE SCHOOL OR APPROVED PROGRAM THAT INVOLVES THE PRACTICE OF
A. 8391 4
1 ONE OR MORE PROFESSIONS FOR WHICH A LICENSE IS REQUIRED PURSUANT TO THIS
2 TITLE AND NO EXCEPTION FROM PRACTICE RESTRICTIONS APPLIES. SUCH TERM
3 SHALL NOT INCLUDE A SCHOOL DISTRICT, BOARD OF COOPERATIVE EDUCATIONAL
4 SERVICES, MUNICIPALITY, STATE AGENCY OR OTHER PUBLIC ENTITY. NOTHING IN
5 THIS SECTION SHALL BE CONSTRUED TO REQUIRE A CHILD CARE INSTITUTION THAT
6 CONDUCTS MULTI-DISCIPLINARY EVALUATIONS OR PROVIDES RELATED SERVICES
7 THROUGH AN APPROVED PRIVATE NONRESIDENTIAL SCHOOL OPERATED BY SUCH CHILD
8 CARE INSTITUTION TO OBTAIN A WAIVER, PROVIDED THAT SUCH SCHOOL OBTAINS A
9 WAIVER PURSUANT TO THIS SECTION.
10 B. "EARLY INTERVENTION AGENCY" FOR PURPOSES OF THIS SECTION MEANS AN
11 AGENCY WHICH IS APPROVED OR IS SEEKING APPROVAL IN ACCORDANCE WITH TITLE
12 TWO-A OF ARTICLE TWENTY-FIVE OF THE PUBLIC HEALTH LAW TO DELIVER EARLY
13 INTERVENTION PROGRAM MULTI-DISCIPLINARY EVALUATIONS, SERVICE COORDI-
14 NATION SERVICES AND EARLY INTERVENTION PROGRAM SERVICES, AND IS LAWFULLY
15 OPERATED BY A NOT-FOR-PROFIT CORPORATION, EDUCATION CORPORATION, BUSI-
16 NESS CORPORATION, A LIMITED LIABILITY COMPANY OR PROFESSIONAL SERVICES
17 ORGANIZATION ESTABLISHED PURSUANT TO ARTICLE FIFTEEN OF THE BUSINESS
18 CORPORATION LAW, ARTICLE TWELVE OR THIRTEEN OF THE LIMITED LIABILITY
19 COMPANY LAW OR ARTICLE EIGHT-B OF THE PARTNERSHIP LAW.
20 C. "EARLY INTERVENTION PROGRAM SERVICES" MEANS EARLY INTERVENTION
21 SERVICES AS DEFINED IN SUBDIVISION SEVEN OF SECTION TWENTY-FIVE HUNDRED
22 FORTY-ONE OF THE PUBLIC HEALTH LAW THAT ARE PROVIDED UNDER THE EARLY
23 INTERVENTION PROGRAM AND AUTHORIZED IN AN ELIGIBLE CHILD'S INDIVIDUAL-
24 IZED FAMILY SERVICES PLAN.
25 D. "MULTI-DISCIPLINARY EVALUATION" FOR PURPOSES OF A SPECIAL EDUCATION
26 SCHOOL MEANS A MULTI-DISCIPLINARY EVALUATION OF A PRESCHOOL CHILD
27 SUSPECTED OF HAVING A DISABILITY OR A PRESCHOOL CHILD WITH A DISABILITY
28 THAT IS CONDUCTED PURSUANT TO SECTION FORTY-FOUR HUNDRED TEN OF THIS
29 CHAPTER OR AN EVALUATION OF A SCHOOL-AGE CHILD SUSPECTED OF HAVING A
30 DISABILITY OR WITH A DISABILITY WHICH IS CONDUCTED BY A CHILD CARE
31 INSTITUTION THAT OPERATES A SPECIAL EDUCATION SCHOOL OR THE SPECIAL
32 EDUCATION SCHOOL OPERATED BY SUCH INSTITUTION PURSUANT TO SUBDIVISION
33 THREE OF SECTION FOUR THOUSAND TWO OF THIS CHAPTER OR BY AN INSTITUTION
34 FOR THE DEAF OR BLIND OPERATING PURSUANT TO ARTICLE EIGHTY-FIVE OF THIS
35 CHAPTER OR AN EVALUATION OF A SCHOOL-AGE CHILD SUSPECTED OF HAVING A
36 DISABILITY OR WITH A DISABILITY THAT IS AUTHORIZED TO BE CONDUCTED BY A
37 SPECIAL EDUCATION SCHOOL PURSUANT TO ANY OTHER PROVISION OF THIS CHAPTER
38 AND THE REGULATIONS OF THE COMMISSIONER FOR PURPOSES OF IDENTIFICATION
39 OF THE CHILD AS A CHILD WITH A DISABILITY OR THE DEVELOPMENT OF AN INDI-
40 VIDUALIZED EDUCATION PROGRAM FOR THE CHILD.
41 E. "MULTI-DISCIPLINARY EVALUATION" FOR PURPOSES OF THE EARLY INTER-
42 VENTION PROGRAM MEANS A PROFESSIONAL, OBJECTIVE ASSESSMENT CONDUCTED BY
43 APPROPRIATELY QUALIFIED PERSONNEL IN ACCORDANCE WITH SECTION TWENTY-FIVE
44 HUNDRED FORTY-FOUR OF THE PUBLIC HEALTH LAW AND ITS IMPLEMENTING REGU-
45 LATIONS TO DETERMINE A CHILD'S ELIGIBILITY FOR EARLY INTERVENTION
46 PROGRAM SERVICES.
47 F. "RELATED SERVICES" MEANS RELATED SERVICES AS DEFINED IN PARAGRAPH G
48 OF SUBDIVISION TWO OF SECTION FOUR THOUSAND TWO, PARAGRAPH K OF SUBDIVI-
49 SION TWO OF SECTION FORTY-FOUR HUNDRED ONE, OR PARAGRAPH J OF SUBDIVI-
50 SION ONE OF SECTION FORTY-FOUR HUNDRED TEN OF THIS CHAPTER PROVIDED TO A
51 CHILD WITH A DISABILITY PURSUANT TO SUCH CHILD'S INDIVIDUALIZED EDUCA-
52 TION PROGRAM.
53 2. WAIVER. A. NO SPECIAL EDUCATION SCHOOL MAY EMPLOY INDIVIDUALS
54 LICENSED PURSUANT TO THIS ARTICLE TO CONDUCT COMPONENTS OF A MULTI-DIS-
55 CIPLINARY EVALUATION OF A CHILD WITH A DISABILITY OR A CHILD SUSPECTED
56 OF HAVING A DISABILITY OR TO PROVIDE RELATED SERVICES TO CHILDREN WITH
A. 8391 5
1 DISABILITIES ENROLLED IN THE SCHOOL, AND NO SPECIAL EDUCATION SCHOOL MAY
2 PROVIDE SUCH AN EVALUATION COMPONENT OR RELATED SERVICES BY CONTRACT
3 WITH AN INDIVIDUAL LICENSED OR OTHERWISE AUTHORIZED TO PRACTICE PURSUANT
4 TO THIS ARTICLE OR WITH A NOT-FOR-PROFIT CORPORATION, EDUCATION CORPO-
5 RATION, BUSINESS CORPORATION, LIMITED LIABILITY COMPANY OR PROFESSIONAL
6 SERVICES ORGANIZATION ESTABLISHED PURSUANT TO ARTICLE FIFTEEN OF THE
7 BUSINESS CORPORATION LAW, ARTICLE TWELVE OR THIRTEEN OF THE LIMITED
8 LIABILITY COMPANY LAW OR ARTICLE EIGHT-B OF THE PARTNERSHIP LAW AUTHOR-
9 IZED BY LAW TO PROVIDE PROFESSIONAL SERVICES, UNLESS SUCH SCHOOL OBTAINS
10 A WAIVER PURSUANT TO THIS SECTION. ALL SPECIAL EDUCATION SCHOOLS
11 APPROVED BY THE COMMISSIONER AS OF THE EFFECTIVE DATE OF THIS SECTION
12 SHALL BE DEEMED OPERATING UNDER A WAIVER PURSUANT TO THIS SECTION FOR A
13 PERIOD COMMENCING ON SUCH EFFECTIVE DATE AND ENDING ON JULY FIRST, TWO
14 THOUSAND THIRTEEN.
15 B. NO EARLY INTERVENTION AGENCY MAY EMPLOY OR CONTRACT WITH INDIVID-
16 UALS LICENSED PURSUANT TO THIS ARTICLE OR WITH A NOT-FOR-PROFIT CORPO-
17 RATION, EDUCATION CORPORATION, BUSINESS CORPORATION, LIMITED LIABILITY
18 COMPANY OR PROFESSIONAL SERVICES ORGANIZATION ESTABLISHED PURSUANT TO
19 ARTICLE FIFTEEN OF THE BUSINESS CORPORATION LAW, ARTICLE TWELVE OR THIR-
20 TEEN OF THE LIMITED LIABILITY COMPANY LAW OR ARTICLE EIGHT-B OF THE
21 PARTNERSHIP LAW, TO CONDUCT AN EARLY INTERVENTION PROGRAM MULTI-DISCI-
22 PLINARY EVALUATION, PROVIDE SERVICE COORDINATION SERVICES OR EARLY
23 INTERVENTION PROGRAM SERVICES UNLESS SUCH AGENCY HAS OBTAINED A WAIVER
24 PURSUANT TO THIS SECTION AND HAS BEEN APPROVED IN ACCORDANCE WITH TITLE
25 TWO-A OF ARTICLE TWENTY-FIVE OF THE PUBLIC HEALTH LAW AS AN EARLY INTER-
26 VENTION PROGRAM PROVIDER. ALL EARLY INTERVENTION AGENCIES APPROVED AS OF
27 THE EFFECTIVE DATE OF THIS SECTION SHALL BE DEEMED TO BE OPERATING UNDER
28 A WAIVER PURSUANT TO THIS SECTION FOR A PERIOD COMMENCING ON SUCH EFFEC-
29 TIVE DATE AND ENDING ON JULY FIRST, TWO THOUSAND THIRTEEN. NOTHING IN
30 THIS SECTION SHALL BE CONSTRUED TO REQUIRE AN EARLY INTERVENTION AGENCY
31 TO OPERATE UNDER A WAIVER IN ACCORDANCE WITH THIS SECTION PROVIDED THAT
32 IT IS OTHERWISE AUTHORIZED BY LAW TO PROVIDE THE APPLICABLE PROFESSIONAL
33 SERVICES.
34 3. OBTAINING A WAIVER. A. A SPECIAL EDUCATION SCHOOL AND EARLY INTER-
35 VENTION AGENCY SHALL OBTAIN AN APPLICATION FOR A WAIVER ON A FORM
36 PRESCRIBED BY THE DEPARTMENT. THE DEPARTMENT MAY ISSUE A WAIVER ON OR
37 AFTER JULY FIRST, TWO THOUSAND THIRTEEN TO AN ENTITY WHICH WAS CREATED
38 BEFORE, ON OR AFTER THE EFFECTIVE DATE OF THIS SECTION IF THERE IS A
39 DEMONSTRATION OF NEED OF THE ENTITY'S SERVICES SATISFACTORY TO THE
40 DEPARTMENT.
41 B. WITHIN ONE HUNDRED TWENTY DAYS AFTER THE COMMISSIONER PRESCRIBES
42 THE APPLICATION FORM AND POSTS NOTICE OF ITS AVAILABILITY ON THE DEPART-
43 MENT'S WEBSITE, A SPECIAL EDUCATION SCHOOL OR EARLY INTERVENTION AGENCY
44 MUST APPLY FOR A WAIVER. UPON SUBMISSION OF SUCH APPLICATION, THE SCHOOL
45 OR AGENCY MAY CONTINUE TO OPERATE AND PROVIDE SERVICES UNTIL THE DEPART-
46 MENT SHALL EITHER DENY OR APPROVE THE APPLICATION. AFTER THE DEPARTMENT
47 RENDERS A TIMELY INITIAL DETERMINATION THAT THE APPLICANT HAS SUBMITTED
48 THE INFORMATION NECESSARY TO VERIFY THAT THE REQUIREMENTS OF PARAGRAPHS
49 C, D AND E OF THIS SUBDIVISION ARE SATISFIED, APPLICATIONS FOR WAIVERS
50 SHALL BE APPROVED OR DENIED WITHIN NINETY DAYS, PROVIDED HOWEVER THAT IF
51 THE WAIVER APPLICATION IS DENIED THE SCHOOL OR AGENCY SHALL CEASE
52 PROVIDING SERVICES PURSUANT TO THIS SUBDIVISION IN THE STATE OF NEW
53 YORK.
54 C. SUCH WAIVER SHALL PROVIDE THAT SERVICES RENDERED PURSUANT TO THIS
55 SECTION, DIRECTLY OR INDIRECTLY, SHALL BE PROVIDED ONLY BY A PERSON
56 APPROPRIATELY LICENSED TO PROVIDE SUCH SERVICES, EXCEPT AS OTHERWISE
A. 8391 6
1 PROVIDED IN LAW, TO PROVIDE SUCH SERVICES OR BY A PROFESSIONAL SERVICES
2 ENTITY AUTHORIZED BY LAW TO PROVIDE SUCH SERVICES.
3 D. AN APPLICATION FOR A WAIVER TO PROVIDE PROFESSIONAL SERVICES PURSU-
4 ANT TO THIS SECTION SHALL BE ON A FORM PRESCRIBED BY THE COMMISSIONER.
5 SUCH APPLICATION SHALL INCLUDE:
6 (I) THE NAME OF THE SPECIAL EDUCATION SCHOOL OR EARLY INTERVENTION
7 AGENCY;
8 (II) THE NAMES OF THE DIRECTORS OR TRUSTEES AND OFFICERS OF SUCH
9 SCHOOL OR AGENCY;
10 (III) A LISTING OF ANY OTHER JURISDICTIONS WHERE SUCH SCHOOL OR AGENCY
11 MAY PROVIDE SERVICES; AND
12 (IV) AN ATTESTATION MADE BY AN OFFICER AUTHORIZED BY SUCH SCHOOL OR
13 AGENCY TO MAKE SUCH ATTESTATION THAT IDENTIFIES THE SCOPE OF SERVICES TO
14 BE PROVIDED; INCLUDES A LIST OF PROFESSIONS UNDER THIS TITLE IN WHICH
15 PROFESSIONAL SERVICES WILL BE PROVIDED BY SUCH SCHOOL OR AGENCY;
16 INCLUDES A STATEMENT THAT, UNLESS OTHERWISE AUTHORIZED BY LAW, THE
17 SCHOOL OR AGENCY SHALL ONLY PROVIDE SERVICES AUTHORIZED UNDER THIS
18 SECTION; INCLUDES A STATEMENT THAT ONLY A LICENSED PROFESSIONAL, A
19 PERSON OTHERWISE AUTHORIZED TO PROVIDE SUCH SERVICES, OR A PROFESSIONAL
20 SERVICES ENTITY AUTHORIZED BY LAW TO PROVIDE SUCH SERVICES SHALL PROVIDE
21 SUCH SERVICES AS AUTHORIZED UNDER THIS SECTION; AND ATTESTS TO THE
22 ADEQUACY OF THE SCHOOL'S OR AGENCY'S FISCAL AND FINANCIAL RESOURCES TO
23 PROVIDE SUCH SERVICES. SUCH APPLICATION SHALL ALSO INCLUDE ANY OTHER
24 INFORMATION RELATED TO THE APPLICATION AS MAY BE REQUIRED BY THE DEPART-
25 MENT. A SCHOOL OR AGENCY WITH AN APPROVED WAIVER MAY APPLY, ON A FORM
26 PRESCRIBED BY THE COMMISSIONER, TO AMEND THE WAIVER TO ADD ADDITIONAL
27 PROFESSIONAL SERVICES.
28 E. EACH OFFICER, TRUSTEE AND DIRECTOR OF SUCH SCHOOL OR AGENCY SHALL
29 PROVIDE AN ATTESTATION REGARDING HIS OR HER GOOD MORAL CHARACTER AS
30 REQUIRED PURSUANT TO PARAGRAPH G OF THIS SUBDIVISION. THE COMMISSIONER
31 SHALL BE FURTHER AUTHORIZED TO PROMULGATE RULES OR REGULATIONS RELATING
32 TO THE STANDARDS OF THE WAIVER FOR SPECIAL EDUCATION SCHOOLS AND EARLY
33 INTERVENTION AGENCIES PURSUANT TO THIS SECTION. SUCH REGULATIONS SHALL
34 INCLUDE STANDARDS RELATING TO THE SCHOOL'S OR AGENCY'S ABILITY TO
35 PROVIDE SERVICES, THE SCHOOL'S OR AGENCY'S MAINTENANCE OF PATIENT AND
36 BUSINESS RECORDS, THE SCHOOL'S OR AGENCY'S FISCAL POLICIES, AND SUCH
37 OTHER STANDARDS AS MAY BE PRESCRIBED BY THE COMMISSIONER.
38 F. THE SPECIAL EDUCATION SCHOOL OR EARLY INTERVENTION AGENCY OPERATING
39 PURSUANT TO A WAIVER SHALL DISPLAY, AT EACH SITE WHERE SERVICES ARE
40 PROVIDED TO THE PUBLIC, A CERTIFICATE OF SUCH WAIVER ISSUED BY THE
41 DEPARTMENT PURSUANT TO THIS SECTION, WHICH SHALL CONTAIN THE NAME OF THE
42 SCHOOL OR AGENCY AND THE ADDRESS OF THE SITE. SUCH SCHOOLS OR AGENCIES
43 SHALL OBTAIN FROM THE DEPARTMENT ADDITIONAL CERTIFICATES FOR EACH SITE
44 AT WHICH PROFESSIONAL SERVICES ARE PROVIDED TO THE PUBLIC. EACH SCHOOL
45 OR AGENCY SHALL BE REQUIRED TO RE-APPLY FOR A WAIVER EVERY THREE YEARS.
46 AN EARLY INTERVENTION AGENCY'S WAIVER SHALL NOT BE RENEWED UNLESS THE
47 AGENCY IS APPROVED TO PROVIDE EARLY INTERVENTION PROGRAM MULTI-DISCIPLI-
48 NARY EVALUATIONS, SERVICE COORDINATION OR EARLY INTERVENTION PROGRAM
49 SERVICES IN ACCORDANCE WITH TITLE TWO-A OF ARTICLE TWENTY-FIVE OF THE
50 PUBLIC HEALTH LAW. EXCEPT AS OTHERWISE PROVIDED IN SUBDIVISION FOUR OF
51 THIS SECTION, IF ANY INFORMATION SUPPLIED TO THE DEPARTMENT REGARDING
52 THE SCHOOL OR AGENCY SHALL CHANGE, THE SCHOOL OR AGENCY SHALL BE
53 REQUIRED TO PROVIDE SUCH UPDATED INFORMATION TO THE DEPARTMENT WITHIN
54 SIXTY DAYS.
55 G. ALL OFFICERS, TRUSTEES AND DIRECTORS OF SUCH SCHOOLS OR AGENCIES
56 SHALL BE OF GOOD MORAL CHARACTER. SCHOOLS OR AGENCIES OPERATING PURSUANT
A. 8391 7
1 TO A WAIVER AND THEIR OFFICERS AND DIRECTORS SHALL BE ENTITLED TO THE
2 SAME DUE PROCESS PROCEDURES AS ARE PROVIDED TO SUCH INDIVIDUALS AND
3 PROFESSIONAL SERVICES CORPORATIONS. NO WAIVER ISSUED UNDER THIS SECTION
4 SHALL BE TRANSFERABLE OR ASSIGNABLE, AS SUCH TERMS ARE DEFINED IN THE
5 REGULATIONS OF THE COMMISSIONER.
6 4. CHANGE OF LOCATION. IN THE EVENT THAT A CHANGE IN THE LOCATION OF
7 THE CHIEF ADMINISTRATIVE OFFICES OF A SPECIAL EDUCATION SCHOOL OR EARLY
8 INTERVENTION AGENCY IS CONTEMPLATED, THE OWNER SHALL NOTIFY THE OFFICE
9 OF PROFESSIONS OF THE DEPARTMENT OF THE CHANGE OF LOCATION AT LEAST
10 THIRTY DAYS PRIOR TO RELOCATION.
11 5. PROFESSIONAL PRACTICE. A. NOTWITHSTANDING ANY OTHER PROVISION OF
12 LAW TO THE CONTRARY, A SPECIAL EDUCATION SCHOOL OPERATING UNDER A WAIVER
13 MAY EMPLOY INDIVIDUALS LICENSED OR OTHERWISE AUTHORIZED TO PRACTICE ANY
14 PROFESSION PURSUANT TO THIS ARTICLE TO CONDUCT COMPONENTS OF A
15 MULTI-DISCIPLINARY EVALUATION OF A CHILD WITH A DISABILITY OR A CHILD
16 SUSPECTED OF HAVING A DISABILITY OR TO PROVIDE RELATED SERVICES TO CHIL-
17 DREN WITH DISABILITIES ENROLLED IN THE SCHOOL OR MAY PROVIDE COMPONENTS
18 OF SUCH AN EVALUATION OR SUCH RELATED SERVICES BY CONTRACT WITH AN INDI-
19 VIDUAL LICENSED OR OTHERWISE AUTHORIZED TO PRACTICE PURSUANT TO THIS
20 ARTICLE OR A NOT-FOR-PROFIT CORPORATION, EDUCATION CORPORATION, BUSINESS
21 CORPORATION, LIMITED LIABILITY COMPANY OR PROFESSIONAL SERVICES ORGAN-
22 IZATION ESTABLISHED PURSUANT TO ARTICLE FIFTEEN OF THE BUSINESS CORPO-
23 RATION LAW, ARTICLE TWELVE OR THIRTEEN OF THE LIMITED LIABILITY COMPANY
24 LAW OR ARTICLE EIGHT-B OF THE PARTNERSHIP LAW AUTHORIZED BY LAW TO
25 PROVIDE THE APPLICABLE PROFESSIONAL SERVICES.
26 B. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, AN
27 EARLY INTERVENTION AGENCY OPERATING UNDER A WAIVER THAT IS APPROVED IN
28 ACCORDANCE WITH TITLE TWO-A OF ARTICLE TWENTY-FIVE OF THE PUBLIC HEALTH
29 LAW MAY EMPLOY OR CONTRACT WITH INDIVIDUALS LICENSED OR OTHERWISE
30 AUTHORIZED TO PRACTICE ANY PROFESSION PURSUANT TO THIS ARTICLE OR WITH A
31 NOT-FOR-PROFIT CORPORATION, EDUCATION CORPORATION, BUSINESS CORPORATION,
32 LIMITED LIABILITY COMPANY OR PROFESSIONAL SERVICES ORGANIZATION ESTAB-
33 LISHED PURSUANT TO ARTICLE FIFTEEN OF THE BUSINESS CORPORATION LAW,
34 ARTICLE TWELVE OR THIRTEEN OF THE LIMITED LIABILITY COMPANY LAW OR ARTI-
35 CLE EIGHT-B OF THE PARTNERSHIP LAW AUTHORIZED TO CONDUCT EARLY INTER-
36 VENTION PROGRAM MULTI-DISCIPLINARY EVALUATIONS, PROVIDE SERVICE COORDI-
37 NATION SERVICES AND EARLY INTERVENTION PROGRAM SERVICES.
38 C. A SPECIAL EDUCATION SCHOOL OR EARLY INTERVENTION AGENCY OPERATING
39 UNDER A WAIVER SHALL NOT PRACTICE ANY PROFESSION LICENSED PURSUANT TO
40 THIS TITLE OR HOLD ITSELF OUT TO THE PUBLIC AS AUTHORIZED TO PROVIDE
41 PROFESSIONAL SERVICES PURSUANT TO THIS TITLE EXCEPT AS AUTHORIZED BY
42 THIS SECTION OR OTHERWISE AUTHORIZED BY LAW.
43 6. SUPERVISION OF PROFESSIONAL PRACTICE. A SPECIAL EDUCATION SCHOOL OR
44 EARLY INTERVENTION AGENCY SHALL BE UNDER THE SUPERVISION OF THE REGENTS
45 OF THE UNIVERSITY OF THE STATE OF NEW YORK AND BE SUBJECT TO DISCIPLI-
46 NARY PROCEEDINGS AND PENALTIES. A SPECIAL EDUCATION SCHOOL OR EARLY
47 INTERVENTION AGENCY OPERATING UNDER A WAIVER SHALL BE SUBJECT TO SUSPEN-
48 SION, REVOCATION OR ANNULMENT OF THE WAIVER FOR CAUSE, IN THE SAME
49 MANNER AND TO THE SAME EXTENT AS IS PROVIDED WITH RESPECT TO INDIVIDUALS
50 AND THEIR LICENSES, CERTIFICATES, AND REGISTRATIONS IN THE PROVISIONS OF
51 THIS TITLE RELATING TO THE APPLICABLE PROFESSION. NOTWITHSTANDING THE
52 PROVISIONS OF THIS SUBDIVISION, A SPECIAL EDUCATION SCHOOL OR EARLY
53 INTERVENTION AGENCY THAT CONDUCTS OR CONTRACTS FOR A COMPONENT OF A
54 MULTI-DISCIPLINARY EVALUATION THAT INVOLVES THE PRACTICE OF MEDICINE
55 SHALL BE SUBJECT TO THE PRE-HEARING PROCEDURES AND HEARING PROCEDURES AS
56 IS PROVIDED WITH RESPECT TO INDIVIDUAL PHYSICIANS AND THEIR LICENSES IN
A. 8391 8
1 TITLE TWO-A OF ARTICLE TWO OF THE PUBLIC HEALTH LAW. NOTWITHSTANDING
2 ANY OTHER PROVISION OF LAW TO THE CONTRARY, UPON REVOCATION OR OTHER
3 TERMINATION BY THE COMMISSIONER OF APPROVAL OF THE SPECIAL EDUCATION
4 SCHOOL PURSUANT TO ARTICLE EIGHTY-NINE OF THIS CHAPTER AND THE REGU-
5 LATIONS OF THE COMMISSIONER IMPLEMENTING SUCH ARTICLE OR TERMINATION OF
6 THE EARLY INTERVENTION AGENCY PURSUANT TO TITLE TWO-A OF ARTICLE TWEN-
7 TY-FIVE OF THE PUBLIC HEALTH LAW AND IMPLEMENTING REGULATIONS BY THE
8 COMMISSIONER PURSUANT TO SUBDIVISION EIGHTEEN OF SECTION FORTY-FOUR
9 HUNDRED THREE OF THIS CHAPTER, THE SCHOOL'S OR EARLY INTERVENTION AGEN-
10 CY'S WAIVER PURSUANT TO THIS SECTION SHALL BE DEEMED REVOKED AND
11 ANNULLED.
12 S 5. This act shall take effect immediately.
