Bill Text: NY S06819 | 2023-2024 | General Assembly | Introduced
Bill Title: Provides for the licensing of professional and clinical music therapists encompassing the assessment, evaluation, and the therapeutic intervention and treatment of mental, emotional, developmental and behavioral disorders through the use of music.
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: (Introduced) 2024-01-03 - REFERRED TO HIGHER EDUCATION [S06819 Detail]
Download: New_York-2023-S06819-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 6819 2023-2024 Regular Sessions IN SENATE May 10, 2023 ___________ Introduced by Sen. SCARCELLA-SPANTON -- read twice and ordered printed, and when printed to be committed to the Committee on Higher Education AN ACT to amend the education law, the county law, the limited liability company law and the partnership law, in relation to the licensing of professional and clinical music therapists The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The education law is amended by adding a new article 163-A 2 to read as follows: 3 ARTICLE 163-A 4 MUSIC THERAPY 5 Section 8450. Introduction. 6 8451. Definitions. 7 8452. Authorized practice and the use of the titles "licensed 8 professional music therapist" and "licensed clinical 9 music therapist". 10 8453. State board for music therapy. 11 8454. Requirements for a license. 12 8455. Limited permits. 13 8456. Exemptions. 14 8457. Special provisions. 15 8458. Boundaries of professional competency. 16 8459. Mandatory continuing competency. 17 § 8450. Introduction. This article applies to the profession and prac- 18 tice of music therapy, and to the use of the titles "licensed profes- 19 sional music therapist" and "licensed clinical music therapist". The 20 general provisions for all professions contained in article one hundred 21 thirty of this title apply to this article. 22 § 8451. Definitions. 1. (a) The practice of licensed professional 23 music therapy shall mean the clinical and evidence-based use of music 24 interventions to accomplish individualized goals for people of all ages EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD02061-01-3S. 6819 2 1 and ability levels within a therapeutic relationship, through the devel- 2 opment of music therapy treatment plans specific to the needs and 3 strengths of the client who may be seen individually and/or in groups. 4 (b) A licensed professional music therapist uses interventions that 5 may include music improvisation, receptive music listening, song writ- 6 ing, lyric discussion, music and imagery, singing, music performance, 7 learning through music, music combined with other arts, music-assisted 8 relaxation, music-based education, electronic music technology, adapted 9 music interventions and movement to music. 10 (c) The practice of licensed professional music therapy does not 11 include the screening, diagnosis or assessment of any physical, mental, 12 or communication disorder. 13 2. (a) The practice of licensed clinical music therapy encompasses the 14 scope of practice of licensed professional music therapy and, in addi- 15 tion, includes the assessment, evaluation, and the therapeutic inter- 16 vention and treatment, which may be either primary, parallel or adjunc- 17 tive, of mental, emotional, developmental and behavioral disorders 18 through the use of music as approved by the department. 19 (b) Licensed clinical music therapists use assessment instruments and 20 mental health counseling and psychotherapy to identify, evaluate and 21 treat dysfunctions and disorders for purposes of providing appropriate 22 clinical music therapy services. 23 3. Psychotherapy means the treatment of mental, nervous, emotional, 24 behavioral and addictive disorders, and ailments by the use of both 25 verbal and behavioral methods of intervention in interpersonal relation- 26 ships with the intent of assisting the persons to modify attitudes, 27 thinking, effect, and behavior which are intellectually, socially and 28 emotionally maladaptive. 29 § 8452. Authorized practice and the use of the titles "licensed 30 professional music therapist" and "licensed clinical music therapist". 31 1. (a) Only a person licensed or exempt under this article shall prac- 32 tice "licensed professional music therapy" as defined in subdivision one 33 of section eighty-four hundred fifty-one of this article. 34 (b) Only a person licensed pursuant to subdivision one of section 35 eighty-four hundred fifty-four of this article shall use the title 36 "licensed professional music therapist" or the designation "LPMT". 37 2. (a) Only a person licensed or exempt under this article shall prac- 38 tice "licensed clinical music therapy" as defined in subdivision two of 39 section eighty-four hundred fifty-one of this article. 40 (b) Only a person licensed pursuant to subdivision two of section 41 eighty-four hundred fifty-four of this article shall use the title 42 "licensed clinical music therapist" or the designation "LCMT". 43 § 8453. State board for music therapy. A state board for music therapy 44 "the board", shall be appointed by the board of regents on recommenda- 45 tion of the commissioner for the purpose of assisting the board of 46 regents and the department on matters of professional licensing, prac- 47 tice, and conduct in accordance with section sixty-five hundred eight of 48 this title. The board shall be composed of not less than twelve members, 49 of which five shall be licensed professional music therapists, five 50 shall be licensed clinical music therapists, and two shall be members of 51 the public. Members of the first board need not be licensed prior to 52 their appointment to the board. The terms of the first appointed members 53 shall be staggered so that four are appointed for three years, four are 54 appointed for four years, and four are appointed for five years. An 55 executive secretary to the board shall be appointed by the board ofS. 6819 3 1 regents on recommendation of the commissioner and shall be licensed 2 pursuant to this article. 3 § 8454. Requirements for a license. 1. To qualify for a license as a 4 "licensed professional music therapist," an applicant shall fulfill the 5 following requirements: 6 (a) Application: file an application with the department; 7 (b) Education: have received an education, including a baccalaureate 8 degree in music therapy from a program registered by the department or 9 determined by the department to be the substantial equivalent thereof, 10 in accordance with the commissioner's regulations; 11 (c) Experience: have completed at least twelve hundred hours of super- 12 vised clinical training experience in music therapy, with not less than 13 one hundred eighty hours of pre-internship experience and not less than 14 nine hundred hours of internship experience, satisfactory to the depart- 15 ment and in accordance with the commissioner's regulations; 16 (d) Examination: provide proof of passing a national board certif- 17 ication examination or provide proof of being transitioned into a 18 national board certification credential, satisfactory to the board and 19 in accordance with the commissioner's regulations, currently available 20 to music therapists who have met the education and clinical training 21 standards of the profession; 22 (e) Age: be at least twenty-one years of age; 23 (f) Character: be of good moral character as determined by the depart- 24 ment; and 25 (g) Fees: pay a fee of one hundred seventy-five dollars for an initial 26 license and a fee of one hundred seventy dollars for each triennial 27 registration period. 28 2. To qualify for a license as a "licensed clinical music therapist," 29 an applicant shall fulfill the following requirements: 30 (a) Application: file an application with the department; 31 (b) Education: have received an education, including a master's degree 32 or higher in music therapy or a related field from a program registered 33 by the department or determined by the department to be the substantial 34 equivalent thereof, in accordance with the commissioner's regulations. 35 The graduate coursework shall include, but not be limited to, the 36 following areas: 37 (i) human growth and development; 38 (ii) theories in music therapy; 39 (iii) group dynamics; 40 (iv) assessment and appraisal of individuals and groups; 41 (v) research and program evaluation; 42 (vi) professional orientation and ethics; 43 (vii) foundations of music therapy and psychopathology; 44 (viii) clinical instruction; 45 (c) Experience: have completed at least fifteen hundred hours of post- 46 master's supervised experience in music therapy satisfactory to the 47 department and in accordance with the commissioner's regulations. Satis- 48 factory experience obtained in an entity operating under a waiver issued 49 by the department pursuant to section sixty-five hundred three-a of this 50 title may be accepted by the department, notwithstanding that such expe- 51 rience may have been obtained prior to the effective date of such 52 section and/or prior to the entity having obtained a waiver. The 53 department may, for good cause shown, accept satisfactory experience 54 that was obtained in a setting that would have been eligible for a waiv- 55 er but which has not obtained a waiver from the department or experience 56 that was obtained in good faith by the applicant under the belief thatS. 6819 4 1 appropriate authorization had been obtained for the experience, provided 2 that such experience meets all other requirements for acceptable experi- 3 ence; 4 (d) Examination: provide proof of passing a national board certif- 5 ication examination or provide proof of being transitioned into a 6 national board certification credential, satisfactory to the board and 7 in accordance with the commissioner's regulations, currently available 8 to music therapists who have met the education and clinical training 9 standards of the profession; 10 (e) Age: be at least twenty-one years of age; 11 (f) Character: be of good moral character as determined by the depart- 12 ment; and 13 (g) Fees: pay a fee of one hundred seventy-five dollars for an initial 14 license and a fee of one hundred seventy dollars for each triennial 15 registration period. 16 § 8455. Limited permits. 1. On recommendation of the board, the 17 department may issue a limited permit to practice licensed clinical 18 music therapy and use the title licensed clinical music therapist to an 19 applicant who has met all requirements for licensure as a licensed clin- 20 ical music therapist except those relating to the examination and 21 provided that the individual is under the general supervision of a 22 professional supervisor, as determined by the department. This limited 23 permit shall be valid for a period of not more than twenty-four months; 24 such limited permits may be renewed, at the discretion of the depart- 25 ment, for up to two additional one-year periods. 26 2. The fee for each limited permit shall be seventy dollars. 27 § 8456. Exemptions. Nothing contained in this article shall be 28 construed to: 29 1. Apply to the practice, conduct, activities, services or use of any 30 title by any person licensed or otherwise authorized to practice medi- 31 cine within the state pursuant to article one hundred thirty-one of this 32 title or by any person registered to perform services as a physician 33 assistant within the state pursuant to article one hundred thirty-one-B 34 of this title or by any person licensed or otherwise authorized to prac- 35 tice psychology within this state pursuant to article one hundred 36 fifty-three of this title or by any person licensed or otherwise author- 37 ized to practice social work within this state pursuant to article one 38 hundred fifty-four of this title, or by any person licensed or otherwise 39 authorized to practice nursing as a registered professional nurse or 40 nurse practitioner within this state pursuant to article one hundred 41 thirty-nine of this title or by any person licensed or otherwise author- 42 ized to practice applied behavior analysis within the state pursuant to 43 article one hundred sixty-seven of this title, or by any person licensed 44 or otherwise authorized to practice mental health counseling, marriage 45 and family therapy, creative arts therapy, or psychoanalysis within the 46 state pursuant to article one hundred sixty-three of this title; 47 provided, however, that no physician, physician's assistant, registered 48 professional nurse, nurse practitioner, psychologist, licensed master 49 social worker, licensed clinical social worker, licensed behavior 50 analyst, certified behavior analyst assistant, licensed mental health 51 counselor, licensed marriage and family therapist, licensed creative 52 arts therapist, or licensed psychoanalyst may use the titles "licensed 53 professional music therapist," or "licensed clinical music therapist," 54 unless licensed under this article. 55 2. Prohibit or limit any individual who is credentialed under any law, 56 including attorneys, rape crisis counselors, certified alcoholism coun-S. 6819 5 1 selors and certified substance abuse counselors from providing mental 2 health services within their respective established authorities. 3 3. Prohibit or limit the practice of a profession licensed pursuant to 4 this article by a student, intern or resident in, and as part of, a 5 supervised educational program in an institution approved by the depart- 6 ment. 7 4. Prohibit or limit the provision of pastoral counseling services by 8 any member of the clergy or Christian Science practitioner, within the 9 context of his or her ministerial charge or obligation. 10 5. Prohibit or limit individuals, churches, schools, teachers, organ- 11 izations, or not-for-profit businesses, from providing instruction, 12 advice, support, encouragement, or information to individuals, families, 13 and relational groups. 14 6. Prohibit or limit an occupational therapist from performing work 15 consistent with article one hundred fifty-six of this title. 16 7. Prohibit or limit any individual whose training and national 17 certification attests to the individual's preparation and ability to 18 practice his or her certified profession or occupation, if that person 19 does not represent himself or herself as a licensed professional music 20 therapist or licensed clinical music therapist. 21 § 8457. Special provisions. 1. This section shall apply to all 22 professions licensed pursuant to this article, unless otherwise 23 provided. 24 2. Any nonexempt person practicing a profession to be licensed pursu- 25 ant to this article shall apply for a license under this article within 26 one year of the effective date of this article. If such person does not 27 meet the requirements for a license established within this article, 28 such person may meet alternative criteria determined by the department 29 to be the substantial equivalent of such criteria. 30 3. Any person who holds an active board certification credential in 31 music therapy from a national certification body having certification 32 standards acceptable to the commissioner shall be licensed as a licensed 33 professional music therapist on the effective date of this section with- 34 out meeting any additional education, experience, or examination 35 requirements. 36 4. Any person who holds an active board certification credential in 37 music therapy from a national certification body having certification 38 standards acceptable to the commissioner and a master's degree in music 39 therapy or a related field shall be licensed as a licensed clinical 40 music therapist on the effective date of this section without meeting 41 any additional education, experience, or examination requirements. 42 5. Any person who is licensed as a creative arts therapist and who 43 possesses a minimum of a bachelor's degree in music therapy or its 44 equivalent on the effective date of this section shall be licensed as a 45 licensed clinical music therapist without meeting any additional educa- 46 tion, experience, or examination requirements. 47 6. Any person who possesses a minimum of a baccalaureate degree in 48 music therapy on the effective date of this section, who has ten years 49 of post-graduate music therapy employment and holds an active board 50 certification credential in music therapy from a national certification 51 body, and meets the requirements for a license pursuant to this article, 52 except for examination, and who files with the department within one 53 year of the effective date of this section, shall be licensed as a 54 licensed clinical music therapist. 55 7. Any person who possesses a master's degree in music therapy or a 56 related field on the effective date of this section, who has five yearsS. 6819 6 1 of post-graduate music therapy employment and holds an active board 2 certification credential in music therapy from a national certification 3 body, and meets the requirements for a license pursuant to this article, 4 except for examination, and who files with the department within one 5 year of the effective date of this section, shall be licensed as a 6 licensed clinical music therapist. 7 8. Any person licensed pursuant to this article may use accepted clas- 8 sifications of signs, symptoms, dysfunctions and disorders, as approved 9 in accordance with regulations promulgated by the department, in the 10 practice of such licensed profession. 11 § 8458. Boundaries of professional competency. 1. It shall be deemed 12 practicing outside the boundaries of his or her professional competence 13 for a person licensed pursuant to this article, in the case of treatment 14 of any serious mental illness, to provide any mental health service for 15 such illness on a continuous and sustained basis without a medical eval- 16 uation of the illness by, and in consultation with, a physician regard- 17 ing such illness. Such medical evaluation and consultation shall be to 18 determine and advise whether any medical care is indicated for such 19 illness. For purposes of this section, "serious mental illness" means 20 schizophrenia, schizoaffective disorder, bipolar disorder, major depres- 21 sive disorder, panic disorder, and obsessive-compulsive disorder. 22 2. (a) Any individual whose license or authority to practice derives 23 from the provisions of this article shall be prohibited from: 24 (i) prescribing or administering drugs as defined in this chapter as a 25 treatment, therapy, or professional service in the practice of his or 26 her profession; or 27 (ii) using invasive procedures as a treatment, therapy, or profes- 28 sional service in the practice of his or her profession. For purposes of 29 this subdivision, "invasive procedure" means any procedure in which 30 human tissue is cut, altered, or otherwise infiltrated by mechanical or 31 other means. Invasive procedure includes surgery, lasers, ionizing radi- 32 ation, therapeutic ultrasound, or electroconvulsive therapy. 33 (b) (i) Unless authorized to practice speech-language pathology, music 34 therapists shall not evaluate, examine, instruct, or counsel on speech, 35 language, communication, and swallowing disorders and conditions. When 36 providing educational or healthcare services, a music therapist shall 37 not replace the services provided by an audiologist or a speech-language 38 pathologist. 39 (ii) An individual licensed as a professional music therapist shall 40 not represent to the public that the individual is authorized to treat a 41 communication disorder. This shall not prohibit an individual licensed 42 as a professional music therapist from representing to the public that 43 the individual may work with clients who have a communication disorder 44 and address communication skills. 45 (iii) Before providing music therapy services to a client for an iden- 46 tified clinical or developmental need, the licensee shall review with 47 the healthcare provider or providers involved in the client's care, the 48 client's diagnosis, treatment needs, and treatment plan. 49 (iv) Before providing music therapy services to a student for an iden- 50 tified educational need, the licensee shall review with the individual 51 family support plan or individualized education program team, the 52 student's diagnosis, treatment needs, and treatment plan. 53 (v) During the provision of music therapy services to a client, the 54 licensee shall collaborate, as applicable, with the client's treatment 55 team, including physicians, psychologists, licensed clinical social 56 workers, or other mental health professionals.S. 6819 7 1 (vi) During the provision of music therapy services to a client with a 2 communication disorder, the licensed professional music therapist shall 3 collaborate and discuss the music therapy treatment plan with the 4 client's audiologist or speech-language pathologist. 5 § 8459. Mandatory continuing competency. 1. (a) Each licensed profes- 6 sional music therapist or licensed clinical music therapist shall regis- 7 ter triennially with the department to practice in the state and must 8 comply with the provisions of the mandatory continuing competency 9 requirements prescribed in this section, except as provided in para- 10 graphs (b) and (c) of this subdivision. Those who do not satisfy the 11 mandatory continuing competency requirements shall not be authorized to 12 practice until they have met such requirements, and they have been 13 issued a registration certificate, except that a person may practice 14 without having met such requirements if he or she is issued a condi- 15 tional registration pursuant to subdivision four of this section. 16 (b) Each licensed professional music therapist or licensed clinical 17 music therapist shall be exempt from the mandatory continuing competency 18 requirement for the triennial registration period during which they are 19 first licensed. Adjustment to the mandatory continuing competency 20 requirements may be granted by the department for reasons of health of 21 the licensee where certified by an appropriate health care professional, 22 for extended active duty with the armed forces of the United States, or 23 for other good cause acceptable to the department which may prevent 24 compliance. 25 (c) A licensed professional music therapist or licensed clinical music 26 therapist not engaged in practice, as determined by the department, 27 shall be exempt from the mandatory continuing competency requirement 28 upon the filing of a statement with the department declaring such 29 status. Any licensee who returns to the practice of music therapy during 30 the triennial registration period shall notify the department prior to 31 reentering the profession and shall meet such mandatory continuing 32 competency requirements as shall be prescribed by regulations of the 33 commissioner. 34 2. At the end of each triennial registration period, an applicant for 35 re-registration as a licensed professional music therapist or licensed 36 clinical music therapist must provide proof of holding an active board 37 certification credential in music therapy from a national certification 38 body having certification standards acceptable to the commissioner. 39 3. (a) During each triennial registration period an applicant for 40 registration as a licensed professional music therapist or licensed 41 clinical music therapist shall complete a minimum of thirty-six hours of 42 acceptable learning activities which contribute to continuing compe- 43 tence, as specified in subdivision four of this section. A maximum of 44 twelve hours of the thirty-six hours may be self-instructional course- 45 work acceptable to the department. At least twenty-four hours of the 46 thirty-six hours shall be in areas of study pertinent to the scope of 47 practice of music therapy. With the exception of continuing education 48 hours taken during the registration period immediately preceding the 49 effective date of this section, continuing education hours taken during 50 one triennium may not be transferred to a subsequent triennium. 51 (b) Thereafter, a licensee who has not satisfied the mandatory contin- 52 uing competency requirements shall not be issued a triennial registra- 53 tion certificate by the department and shall not practice unless and 54 until a conditional registration certificate is issued as provided for 55 in subdivision four of this section.S. 6819 8 1 4. The department, in its discretion, may issue a conditional regis- 2 tration to a licensee who fails to meet the continuing competency 3 requirements established in subdivision three of this section, but who 4 agrees to make up any deficiencies and complete any additional learning 5 activities which the department may require. The fee for such a condi- 6 tional registration shall be the same as, and in addition to, the fee 7 for the triennial registration. The duration of such conditional regis- 8 tration shall be determined by the department but shall not exceed one 9 year. Any licensee who is notified of the denial of registration for 10 failure to submit evidence, satisfactory to the department, of required 11 continuing competency learning activities and who practices without such 12 registration may be subject to disciplinary proceedings pursuant to 13 section sixty-five hundred ten of this title. 14 5. As used in subdivision three of this section, "acceptable learning 15 activities" shall mean activities which contribute to professional prac- 16 tice in music therapy, and which meet the standards prescribed in the 17 regulations of the commissioner. Such learning activities shall include, 18 but not be limited to, collegiate level credit and non-credit courses, 19 self-study activities, independent study, formal mentoring activities, 20 professional development programs and technical sessions, publications 21 in professional journals and professional development programs; such 22 learning activities may be offered and sponsored by national, state, 23 regional, and local professional associations and other organizations or 24 parties acceptable to the department, and any other organized educa- 25 tional and technical learning activities acceptable to the department. 26 Providers (other than those indicated below as exempt from the approval 27 process) must submit an application to the state board for music thera- 28 py. Types of approved providers include: 29 (a) any higher education institution that offers programs that are 30 registered in New York state as leading to licensure in music therapy; 31 (b) a national, regional, state, or local sponsor or provider of 32 coursework or training that is approved by the American Music Therapy 33 Association (AMTA) or the Certification Board for Music Therapists, Inc. 34 (CBMT); postsecondary institutions, or a consortium of such insti- 35 tutions, that offer programs that are registered as leading to either 36 licensure in music therapy or authorization to practice as a music ther- 37 apist, or equivalent professional education programs accredited by an 38 acceptable accrediting agency, for credit and non-credit offerings; 39 (c) an entity, hospital or health facility defined in section two 40 thousand eight hundred one of the public health law; 41 (d) or an equivalent organization as determined by the department. 42 Organizations that fall under the first three paragraphs listed above do 43 not have to submit a fee or an application for approval as a provider of 44 continuing education for music therapists. However, they must register 45 with the state board for music therapy by completing an approved provid- 46 er registration form. Educational institutions which provide education 47 as part of a licensure qualifying program or sponsors who have had their 48 course approved by the Certification Board for Music Therapists, Inc. 49 (CBMT) do not need to submit an application. Courses approved by the 50 CBMT automatically qualify for approval in New York state. The depart- 51 ment may, in its discretion and as needed to contribute to the health 52 and welfare of the public, require the completion of continuing compe- 53 tency learning activities in specific subjects to fulfill this mandatory 54 continuing competency requirement. Learning activities must be taken 55 from a sponsor approved by the department, pursuant to the regulations 56 of the commissioner.S. 6819 9 1 6. A licensed professional music therapist or licensed clinical music 2 therapist shall maintain adequate documentation of completion of accept- 3 able continuing competency activities and shall provide such documenta- 4 tion at the request of the department. Failure to provide such documen- 5 tation upon request of the department shall be an act of misconduct 6 subject to the disciplinary proceedings pursuant to section sixty-five 7 hundred ten of this title. 8 7. The mandatory continuing competency fee shall be forty-five 9 dollars, payable on or before the first day of each triennial registra- 10 tion period, and shall be paid in addition to the triennial registration 11 fee. 12 § 2. Subdivision 13 of section 700 of the county law, as added by 13 chapter 358 of the laws of 2012, is amended to read as follows: 14 13. In order to provide services to crime victims, witnesses, and 15 other persons involved in the criminal justice system, and to support 16 crime prevention programs, the district attorney may employ or contract 17 with persons licensed and registered to practice or otherwise authorized 18 under article one hundred fifty-three, one hundred fifty-four, [or] one 19 hundred sixty-three, or one hundred sixty-three-A of the education law, 20 or contract with entities authorized to provide the services specified 21 in such articles, in connection with the provision of any services that 22 such persons or entities are authorized to provide and that are author- 23 ized by the district attorney. 24 § 3. Subparagraph (i) of paragraph a and paragraph d of subdivision 1 25 of section 6503-a of the education law, subparagraph (i) of paragraph a 26 as amended by chapter 554 of the laws of 2013, and paragraph d as added 27 by chapter 130 of the laws of 2010, are amended to read as follows: 28 (i) services provided under article one hundred fifty-four, one 29 hundred sixty-three, one hundred sixty-three-A, or one hundred sixty- 30 seven of this title for which licensure would be required, or 31 d. Such waiver shall provide that services rendered pursuant to this 32 section, directly or indirectly, shall be provided only by a person 33 appropriately licensed to provide such services pursuant to article one 34 hundred thirty-one, one hundred thirty-nine, one hundred fifty-three, 35 one hundred fifty-four, [or] one hundred sixty-three, or one hundred 36 sixty-three-A of this title, or by a person otherwise authorized to 37 provide such services under such articles, or by a professional entity 38 authorized by law to provide such services. 39 § 4. Paragraph c of subdivision 2 of section 6503-a of the education 40 law, as added by chapter 130 of the laws of 2010, is amended to read as 41 follows: 42 c. an institution of higher education authorized to provide a program 43 leading to licensure in a profession defined under article one hundred 44 thirty-one, one hundred thirty-nine, one hundred fifty-three, one 45 hundred fifty-four [or] one hundred sixty-three, or one hundred sixty- 46 three-A of this title, to the extent that the scope of such services is 47 limited to the services authorized to be provided within such registered 48 program; or 49 § 5. Subdivision 4 of section 7605 of the education law, as amended by 50 chapter 554 of the laws of 2013, is amended to read as follows: 51 4. The practice, conduct, activities, or services by any person 52 licensed or otherwise authorized to practice nursing as a registered 53 professional nurse or nurse practitioner within the state pursuant to 54 article one hundred thirty-nine of this title or by any person licensed 55 or otherwise authorized to practice social work within the state pursu- 56 ant to article one hundred fifty-four of this title, or by any personS. 6819 10 1 licensed or otherwise authorized to practice mental health counseling, 2 marriage and family therapy, creative arts therapy, or psychoanalysis 3 within the state pursuant to article one hundred sixty-three of this 4 title, or by any person licensed or otherwise authorized to practice 5 music therapy within the state pursuant to article one hundred sixty- 6 three-A of this title, or any person licensed or otherwise authorized to 7 practice applied behavior analysis within the state pursuant to article 8 one hundred sixty-seven of this title or any individual who is creden- 9 tialed under any law, including attorneys, rape crisis counselors, 10 certified alcoholism counselors, and certified substance abuse counse- 11 lors from providing mental health services within their respective 12 established authorities. 13 § 6. Subdivision 1 of section 7706 of the education law, as amended by 14 chapter 554 of the laws of 2013, is amended to read as follows: 15 1. Apply to the practice, conduct, activities, services or use of any 16 title by any person licensed or otherwise authorized to practice medi- 17 cine within the state pursuant to article one hundred thirty-one of this 18 title or by any person registered to perform services as a physician 19 assistant within the state pursuant to article one hundred thirty-one-B 20 of this title or by any person licensed or otherwise authorized to prac- 21 tice psychology within this state pursuant to article one hundred 22 fifty-three of this title or by any person licensed or otherwise author- 23 ized to practice nursing as a registered professional nurse or nurse 24 practitioner within this state pursuant to article one hundred thirty- 25 nine of this title or by any person licensed or otherwise authorized to 26 practice occupational therapy within this state pursuant to article one 27 hundred fifty-six of this title or by any person licensed or otherwise 28 authorized to practice mental health counseling, marriage and family 29 therapy, creative arts therapy, or psychoanalysis within the state 30 pursuant to article one hundred sixty-three of this title, or by any 31 person licensed or otherwise authorized to practice music therapy within 32 the state pursuant to article one hundred sixty-three-A of this title, 33 or by any person licensed or otherwise authorized to practice applied 34 behavior analysis within the state pursuant to article one hundred 35 sixty-seven of this title; provided, however, that no physician, physi- 36 cian assistant, registered professional nurse, nurse practitioner, 37 psychologist, occupational therapist, licensed mental health counselor, 38 licensed marriage and family therapist, licensed creative arts thera- 39 pist, licensed psychoanalyst, licensed professional music therapist, 40 licensed clinical music therapist, licensed behavior analyst or certi- 41 fied behavior analyst assistant may use the titles "licensed clinical 42 social worker" or "licensed master social worker", unless licensed under 43 this article. 44 § 7. Subdivision 1 of section 8410 of the education law, as amended by 45 chapter 554 of the laws of 2013, is amended to read as follows: 46 1. Apply to the practice, conduct, activities, services or use of any 47 title by any person licensed or otherwise authorized to practice medi- 48 cine within the state pursuant to article one hundred thirty-one of this 49 title or by any person registered to perform services as a physician 50 assistant within the state pursuant to article one hundred thirty-one-B 51 of this title or by any person licensed or otherwise authorized to prac- 52 tice psychology within this state pursuant to article one hundred 53 fifty-three of this title or by any person licensed or otherwise author- 54 ized to practice social work within this state pursuant to article one 55 hundred fifty-four of this title, or by any person licensed or otherwise 56 authorized to practice nursing as a registered professional nurse orS. 6819 11 1 nurse practitioner within this state pursuant to article one hundred 2 thirty-nine of this title or by any person licensed or otherwise author- 3 ized to practice applied behavior analysis within the state pursuant to 4 article one hundred sixty-seven of this title or by any person licensed 5 or otherwise authorized to practice music therapy within this state 6 pursuant to article one hundred sixty-three-A of this title; provided, 7 however, that no physician, physician's assistant, registered profes- 8 sional nurse, nurse practitioner, psychologist, licensed master social 9 worker, licensed clinical social worker, licensed behavior analyst [or], 10 certified behavior analyst assistant, licensed professional music thera- 11 pist, or licensed clinical music therapist may use the titles "licensed 12 mental health counselor", "licensed marriage and family therapist", 13 "licensed creative arts therapist", or "licensed psychoanalyst", unless 14 licensed under this article. 15 § 8. Subdivision (a) of section 1203 of the limited liability company 16 law, as amended by chapter 475 of the laws of 2014, is amended to read 17 as follows: 18 (a) Notwithstanding the education law or any other provision of law, 19 one or more professionals each of whom is authorized by law to render a 20 professional service within the state, or one or more professionals, at 21 least one of whom is authorized by law to render a professional service 22 within the state, may form, or cause to be formed, a professional 23 service limited liability company for pecuniary profit under this arti- 24 cle for the purpose of rendering the professional service or services as 25 such professionals are authorized to practice. With respect to a profes- 26 sional service limited liability company formed to provide medical 27 services as such services are defined in article 131 of the education 28 law, each member of such limited liability company must be licensed 29 pursuant to article 131 of the education law to practice medicine in 30 this state. With respect to a professional service limited liability 31 company formed to provide dental services as such services are defined 32 in article 133 of the education law, each member of such limited liabil- 33 ity company must be licensed pursuant to article 133 of the education 34 law to practice dentistry in this state. With respect to a professional 35 service limited liability company formed to provide veterinary services 36 as such services are defined in article 135 of the education law, each 37 member of such limited liability company must be licensed pursuant to 38 article 135 of the education law to practice veterinary medicine in this 39 state. With respect to a professional service limited liability company 40 formed to provide professional engineering, land surveying, architec- 41 tural, landscape architectural and/or geological services as such 42 services are defined in article 145, article 147 and article 148 of the 43 education law, each member of such limited liability company must be 44 licensed pursuant to article 145, article 147 and/or article 148 of the 45 education law to practice one or more of such professions in this state. 46 With respect to a professional service limited liability company formed 47 to 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 provideS. 6819 12 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 music therapy services as such services are 16 defined in article 163-A of the education law, each member of such 17 limited liability company must be licensed pursuant to article 163-A of 18 the education law to practice music therapy in this state. With respect 19 to a professional service limited liability company formed to provide 20 applied behavior analysis services as such services are defined in arti- 21 cle 167 of the education law, each member of such limited liability 22 company must be licensed or certified pursuant to article 167 of the 23 education law to practice applied behavior analysis in this state. In 24 addition to engaging in such profession or professions, a professional 25 service limited liability company may engage in any other business or 26 activities as to which a limited liability company may be formed under 27 section two hundred one of this chapter. Notwithstanding any other 28 provision of this section, a professional service limited liability 29 company (i) authorized to practice law may only engage in another 30 profession or business or activities or (ii) which is engaged in a 31 profession or other business or activities other than law may only 32 engage in the practice of law, to the extent not prohibited by any other 33 law of this state or any rule adopted by the appropriate appellate divi- 34 sion of the supreme court or the court of appeals. 35 § 9. Subdivision (b) of section 1207 of the limited liability company 36 law, as amended by chapter 475 of the laws of 2014, is amended to read 37 as follows: 38 (b) With respect to a professional service limited liability company 39 formed to provide medical services as such services are defined in arti- 40 cle 131 of the education law, each member of such limited liability 41 company must be licensed pursuant to article 131 of the education law to 42 practice medicine in this state. With respect to a professional service 43 limited liability company formed to provide dental services as such 44 services are defined in article 133 of the education law, each member of 45 such limited liability company must be licensed pursuant to article 133 46 of the education law to practice dentistry in this state. With respect 47 to a professional service limited liability company formed to provide 48 veterinary services as such services are defined in article 135 of the 49 education law, each member of such limited liability company must be 50 licensed pursuant to article 135 of the education law to practice veter- 51 inary medicine in this state. With respect to a professional service 52 limited liability company formed to provide professional engineering, 53 land surveying, architectural, landscape architectural and/or geological 54 services as such services are defined in article 145, article 147 and 55 article 148 of the education law, each member of such limited liability 56 company must be licensed pursuant to article 145, article 147 and/orS. 6819 13 1 article 148 of the education law to practice one or more of such 2 professions in this state. With respect to a professional service limit- 3 ed liability company formed to provide licensed clinical social work 4 services as such services are defined in article 154 of the education 5 law, each member of such limited liability company shall be licensed 6 pursuant to article 154 of the education law to practice licensed clin- 7 ical social work in this state. With respect to a professional service 8 limited liability company formed to provide creative arts therapy 9 services as such services are defined in article 163 of the education 10 law, each member of such limited liability company must be licensed 11 pursuant to article 163 of the education law to practice creative arts 12 therapy in this state. With respect to a professional service limited 13 liability company formed to provide marriage and family therapy services 14 as such services are defined in article 163 of the education law, each 15 member of such limited liability company must be licensed pursuant to 16 article 163 of the education law to practice marriage and family therapy 17 in this state. With respect to a professional service limited liability 18 company formed to provide mental health counseling services as such 19 services are defined in article 163 of the education law, each member of 20 such limited liability company must be licensed pursuant to article 163 21 of the education law to practice mental health counseling in this state. 22 With respect to a professional service limited liability company formed 23 to provide psychoanalysis services as such services are defined in arti- 24 cle 163 of the education law, each member of such limited liability 25 company must be licensed pursuant to article 163 of the education law to 26 practice psychoanalysis in this state. With respect to a professional 27 service limited liability company formed to provide music therapy 28 services as such services are defined in article 163-A of the education 29 law, each member of such limited liability company must be licensed 30 pursuant to article 163-A of the education law to practice music therapy 31 in this state. With respect to a professional service limited liability 32 company formed to provide applied behavior analysis services as such 33 services are defined in article 167 of the education law, each member of 34 such limited liability company must be licensed or certified pursuant to 35 article 167 of the education law to practice applied behavior analysis 36 in this state. 37 § 10. Subdivision (a) of section 1301 of the limited liability company 38 law, as amended by chapter 475 of the laws of 2014, is amended to read 39 as follows: 40 (a) "Foreign professional service limited liability company" means a 41 professional service limited liability company, whether or not denomi- 42 nated as such, organized under the laws of a jurisdiction other than 43 this state, (i) each of whose members and managers, if any, is a profes- 44 sional authorized by law to render a professional service within this 45 state and who is or has been engaged in the practice of such profession 46 in such professional service limited liability company or a predecessor 47 entity, or will engage in the practice of such profession in the profes- 48 sional service limited liability company within thirty days of the date 49 such professional becomes a member, or each of whose members and manag- 50 ers, if any, is a professional at least one of such members is author- 51 ized by law to render a professional service within this state and who 52 is or has been engaged in the practice of such profession in such 53 professional service limited liability company or a predecessor entity, 54 or will engage in the practice of such profession in the professional 55 service limited liability company within thirty days of the date such 56 professional becomes a member, or (ii) authorized by, or holding aS. 6819 14 1 license, certificate, registration or permit issued by the licensing 2 authority pursuant to, the education law to render a professional 3 service within this state; except that all members and managers, if any, 4 of a foreign professional service limited liability company that 5 provides health services in this state shall be licensed in this state. 6 With respect to a foreign professional service limited liability company 7 which provides veterinary services as such services are defined in arti- 8 cle 135 of the education law, each member of such foreign professional 9 service limited liability company shall be licensed pursuant to article 10 135 of the education law to practice veterinary medicine. With respect 11 to a foreign professional service limited liability company which 12 provides medical services as such services are defined in article 131 of 13 the education law, each member of such foreign professional service 14 limited liability company must be licensed pursuant to article 131 of 15 the education law to practice medicine in this state. With respect to a 16 foreign professional service limited liability company which provides 17 dental services as such services are defined in article 133 of the 18 education law, each member of such foreign professional service limited 19 liability company must be licensed pursuant to article 133 of the educa- 20 tion law to practice dentistry in this state. With respect to a foreign 21 professional service limited liability company which provides profes- 22 sional engineering, land surveying, geologic, architectural and/or land- 23 scape architectural services as such services are defined in article 24 145, article 147 and article 148 of the education law, each member of 25 such foreign professional service limited liability company must be 26 licensed pursuant to article 145, article 147 and/or article 148 of the 27 education law to practice one or more of such professions in this state. 28 With respect to a foreign professional service limited liability company 29 which provides licensed clinical social work services as such services 30 are defined in article 154 of the education law, each member of such 31 foreign professional service limited liability company shall be licensed 32 pursuant to article 154 of the education law to practice clinical social 33 work in this state. With respect to a foreign professional service 34 limited liability company which provides creative arts therapy services 35 as such services are defined in article 163 of the education law, each 36 member of such foreign professional service limited liability company 37 must be licensed pursuant to article 163 of the education law to prac- 38 tice creative arts therapy in this state. With respect to a foreign 39 professional service limited liability company which provides marriage 40 and family therapy services as such services are defined in article 163 41 of the education law, each member of such foreign professional service 42 limited liability company must be licensed pursuant to article 163 of 43 the education law to practice marriage and family therapy in this state. 44 With respect to a foreign professional service limited liability company 45 which provides mental health counseling services as such services are 46 defined in article 163 of the education law, each member of such foreign 47 professional service limited liability company must be licensed pursuant 48 to article 163 of the education law to practice mental health counseling 49 in this state. With respect to a foreign professional service limited 50 liability company which provides psychoanalysis 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 54 psychoanalysis in this state. With respect to a foreign professional 55 service limited liability company which provides music therapy services 56 as such services are defined in article 163-A of the education law, eachS. 6819 15 1 member of such foreign professional service limited liability company 2 must be licensed pursuant to article 163-A of the education law to prac- 3 tice music therapy in this state. With respect to a foreign professional 4 service limited liability company which provides applied behavior analy- 5 sis services as such services are defined in article 167 of the educa- 6 tion law, each member of such foreign professional service limited 7 liability company must be licensed or certified pursuant to article 167 8 of the education law to practice applied behavior analysis in this 9 state. 10 § 11. Subdivision (q) of section 121-1500 of the partnership law, as 11 amended by chapter 475 of the laws of 2014, is amended to read as 12 follows: 13 (q) Each partner of a registered limited liability partnership formed 14 to provide medical services in this state must be licensed pursuant to 15 article 131 of the education law to practice medicine in this state and 16 each partner of a registered limited liability partnership formed to 17 provide dental services in this state must be licensed pursuant to arti- 18 cle 133 of the education law to practice dentistry in this state. Each 19 partner of a registered limited liability partnership formed to provide 20 veterinary services in this state must be licensed pursuant to article 21 135 of the education law to practice veterinary medicine in this state. 22 Each partner of a registered limited liability partnership formed to 23 provide professional engineering, land surveying, geological services, 24 architectural and/or landscape architectural services in this state must 25 be licensed pursuant to article 145, article 147 and/or article 148 of 26 the education law to practice one or more of such professions in this 27 state. Each partner of a registered limited liability partnership formed 28 to provide licensed clinical social work services in this state must be 29 licensed pursuant to article 154 of the education law to practice clin- 30 ical social work in this state. Each partner of a registered limited 31 liability partnership formed to provide creative arts therapy services 32 in this state must be licensed pursuant to article 163 of the education 33 law to practice creative arts therapy in this state. Each partner of a 34 registered limited liability partnership formed to provide marriage and 35 family therapy services in this state must be licensed pursuant to arti- 36 cle 163 of the education law to practice marriage and family therapy in 37 this state. Each partner of a registered limited liability partnership 38 formed to provide mental health counseling services in this state must 39 be licensed pursuant to article 163 of the education law to practice 40 mental health counseling in this state. Each partner of a registered 41 limited liability partnership formed to provide psychoanalysis services 42 in this state must be licensed pursuant to article 163 of the education 43 law to practice psychoanalysis in this state. Each partner of a regis- 44 tered limited liability partnership formed to provide music therapy 45 services in this state must be licensed pursuant to article 163-A of the 46 education law to practice music therapy in this state. Each partner of a 47 registered limited liability partnership formed to provide applied 48 behavior analysis service in this state must be licensed or certified 49 pursuant to article 167 of the education law to practice applied behav- 50 ior analysis in this state. 51 § 12. Subdivision (q) of section 121-1502 of the partnership law, as 52 amended by chapter 475 of the laws of 2014, is amended to read as 53 follows: 54 (q) Each partner of a foreign limited liability partnership which 55 provides medical services in this state must be licensed pursuant to 56 article 131 of the education law to practice medicine in the state andS. 6819 16 1 each partner of a foreign limited liability partnership which provides 2 dental services in the state must be licensed pursuant to article 133 of 3 the education law to practice dentistry in this state. Each partner of a 4 foreign limited liability partnership which provides veterinary service 5 in the state shall be licensed pursuant to article 135 of the education 6 law to practice veterinary medicine in this state. Each partner of a 7 foreign limited liability partnership which provides professional engi- 8 neering, land surveying, geological services, architectural and/or land- 9 scape architectural services in this state must be licensed pursuant to 10 article 145, article 147 and/or article 148 of the education law to 11 practice one or more of such professions. Each partner of a foreign 12 limited liability partnership which provides licensed clinical social 13 work services in this state must be licensed pursuant to article 154 of 14 the education law to practice licensed clinical social work in this 15 state. Each partner of a foreign limited liability partnership which 16 provides creative arts therapy services in this state must be licensed 17 pursuant to article 163 of the education law to practice creative arts 18 therapy in this state. Each partner of a foreign limited liability part- 19 nership which provides marriage and family therapy services in this 20 state must be licensed pursuant to article 163 of the education law to 21 practice marriage and family therapy in this state. Each partner of a 22 foreign limited liability partnership which provides mental health coun- 23 seling services in this state must be licensed pursuant to article 163 24 of the education law to practice mental health counseling in this state. 25 Each partner of a foreign limited liability partnership which provides 26 psychoanalysis services in this state must be licensed pursuant to arti- 27 cle 163 of the education law to practice psychoanalysis in this state. 28 Each partner of a registered limited liability partnership formed to 29 provide music therapy services in this state must be licensed pursuant 30 to article 163-A of the education law to practice music therapy in this 31 state. Each partner of a foreign limited liability partnership which 32 provides applied behavior analysis services in this state must be 33 licensed or certified pursuant to article 167 of the education law to 34 practice applied behavior analysis in this state. 35 § 13. This act shall take effect twenty-four months after it shall 36 have become a law. Effective immediately the addition, amendment and/or 37 repeal of any rule or regulation necessary for the implementation of 38 this act on its effective date are authorized to be made and completed 39 on or before such date.
