Bill Text: NY A05913 | 2017-2018 | General Assembly | Introduced
Bill Title: Regulates the practice of naturopathic medicine; establishes a state board for naturopathic medicine; establishes requirements to receive a limited permit in naturopathic medicine; establishes mandatory continuing education for the practice of naturopathic medicine; requires licensed naturopathic doctors to report suspected child abuse.
Spectrum: Slight Partisan Bill (Democrat 3-1)
Status: (Introduced - Dead) 2018-05-31 - held for consideration in higher education [A05913 Detail]
Download: New_York-2017-A05913-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 5913 2017-2018 Regular Sessions IN ASSEMBLY February 17, 2017 ___________ Introduced by M. of A. ORTIZ -- Multi-Sponsored by -- M. of A. BUTLER, ENGLEBRIGHT -- 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; 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- EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD09636-01-7A. 5913 2 1 plated by article 131 of the education law, and intends that naturopath- 2 ic medicine be a distinct profession with its own state board. 3 3. The legislature recognizes that naturopathic medicine is a modern, 4 evolved form of naturopathy that is practiced by naturopathic doctors; 5 that the early form, today sometimes called traditional naturopathy, is 6 characterized by its vitalistic philosophy, and by its foundation of 7 hygiene and nature cure (i.e., the use of natural agents such as air, 8 light, water, food, and herbs to stimulate the body's own natural heal- 9 ing powers); and that such early form is practiced in some states by 10 traditional naturopaths without licensure, by lay persons in their own 11 self care, and to some extent in health spas. This bill is not intended 12 to change the legality or illegality of activities relating to such 13 hygiene and nature cure; nor to limit the scope of naturopathic medicine 14 to such traditional naturopathy. 15 4. The legislature recognizes that the naturopathic doctor has a 16 primary mission of facilitating optimum health and wellness for patients 17 of any age; relies on the scientific method in implementing vitalistic, 18 functional, and evidence-based strategies for assessing and treating 19 patients; and works with patients of good or ill health having acute and 20 chronic conditions, including serious medical conditions. 21 5. The legislature intends that the authorized activities within the 22 scope of practice of a naturopathic doctor are those activities within 23 the meanings of naturopathic assessment, common office procedures, phys- 24 ical naturopathy, approved substances, approved routes of adminis- 25 tration, and noninvasive naturopathic therapies, as per sections sixty- 26 eight hundred fifty and sixty-eight hundred fifty-one of article 138 of 27 the education law as proposed in this act. For naturopathic doctors 28 having the injection therapy privilege the authorized activities further 29 include injection therapy, as per section sixty-eight hundred fifty-four 30 of article 138 of the education law, as proposed in this act. The scope 31 of such practice activities however are limited by section sixty-eight 32 hundred fifty-five of article 138 of the education law, as proposed in 33 this act, which provides boundaries of professional competence. The 34 legislature provides a list of broad clinical objectives included within 35 the meaning of "facilitating optimum health and wellness," as defined in 36 section sixty-eight hundred fifty-one of article 138 of the education 37 law as proposed in this act, which list, while relevant to professional 38 conduct, is not intended to expand upon the authorized activities. The 39 legislature intends that invasive procedures other than diagnostic imag- 40 ing be impermissible, and that the definitions of the terms "invasive 41 procedures" and "noninvasive" be construed independent of each other. 42 6. The legislature intends that the education qualification for natu- 43 ropathic medicine emphasizes the basic sciences and clinical sciences, 44 such as has been established by the Council on Naturopathic Medical 45 Education (CNME) and the Association of Accredited Naturopathic Medical 46 Colleges (AANMC), and so distinguish over traditional naturopathy. 47 7. The legislature intends that the education qualification for natu- 48 ropathic medicine insofar as including a substantial equivalent of a 49 program of naturopathic medicine registered with the department require 50 that such substantial equivalent, among other factors determined by the 51 department, also require that the substantial equivalent emphasize the 52 naturopathic principles and the therapeutic order in clinical training, 53 such as in programs accredited by the Council on Naturopathic Medical 54 Education (CNME) or in the naturopathic medical programs offered by the 55 Association of Accredited Naturopathic Medical Colleges (AANMC), and so 56 distinguish over a doctoral degree in medicine or osteopathy.A. 5913 3 1 8. The legislature intends that the professional conduct of the natu- 2 ropathic doctor be informed by the naturopathic principles and the ther- 3 apeutic order, and so distinguish over professional conduct for the 4 practice of the profession of medicine. 5 9. The legislature recognizes that in the practice of naturopathic 6 medicine the healing power of nature principle is viewed as being an 7 inherent property in a living organism to heal itself, and is an 8 acknowledgment that synergy results from the coordination of the many 9 chemical and physical reactions of the living system through varied and 10 circuitous feedback pathways making the whole function as more than the 11 sum of its parts. The number of reactions and the resulting complexity 12 and synergy is viewed in the profession of naturopathic medicine as 13 being why treatment of a given physiological process may result in 14 unforeseen nonlocal consequences, including iatrogenic disease; and is 15 why naturopathic doctors investigate and treat the patient as a whole 16 living system, find and remove the cause, and prefer less invasive ther- 17 apies and substances with fewer side effects. It also is why the naturo- 18 pathic doctor prefers to intervene early to prevent occurrence of 19 disease. 20 10. The legislature intends that licensed naturopathic doctors, while 21 being permitted to practice in solo and among other naturopathic 22 doctors, also be permitted to practice naturopathic medicine in many of 23 the current patient care venue types in the healthcare system; that 24 there be referral among naturopathic doctors, physicians, and other 25 health care providers as based on the interests of the patient; and that 26 integrative care settings and the advancement of public health and safe- 27 ty be realized through collaboration among naturopathic doctors, physi- 28 cians, and other health care providers. 29 11. Naturopathic doctors add to the health care system by bringing 30 their naturopathic approach to patient care; and by bringing their 31 expertise on the determinants of health, diet and nutrient therapy, 32 phytotherapy, therapeutic use of physical agents, and drug/herb 33 drug/nutrient interactions. Therefore, to improve the public health, 34 safety and welfare of its citizens, the legislature finds it is desira- 35 ble to regulate the profession of naturopathic medicine, and intends 36 that admission to practice and regulation of such practice, including 37 professional conduct, shall be supervised by the board of regents and 38 administered by the state education department, assisted by a state 39 board of naturopathic medicine. 40 § 2. The education law is amended by adding a new article 138 to read 41 as follows: 42 ARTICLE 138 43 NATUROPATHIC MEDICINE 44 Section 6850. Introduction. 45 6851. Definitions. 46 6852. Definition of the practice of naturopathic medicine. 47 6853. Title and designation. 48 6854. Injection therapy and injection therapy privilege. 49 6855. Boundaries of professional competence. 50 6856. State board for naturopathic medicine. 51 6857. Qualifications for licensure. 52 6858. Special conditions. 53 6859. Exempt persons and exemptions. 54 6860. Limited residency permits. 55 6861. Limited permits. 56 6862. Mandatory continuing education.A. 5913 4 1 § 6850. Introduction. This article applies to the licensure and regu- 2 lation of naturopathic doctors to practice naturopathic medicine in this 3 state. The general provisions for all professions contained in article 4 one hundred thirty, as added by chapter nine hundred eighty-seven of the 5 laws of nineteen hundred seventy-one, of this title apply to this arti- 6 cle. 7 § 6851. Definitions. For the purposes of this article: 8 1. "Approved CLIA waived tests" mean laboratory tests categorized 9 under the federal clinical laboratory improvement act (CLIA) of 1988 as 10 being waived tests, and which are identified by the department upon the 11 recommendation of the board, and updated as needed or upon triennial 12 review, as being appropriate in the practice of naturopathic medicine. 13 2. "Approved routes of administration" means oral, sublingual, nasal, 14 auricular, ocular, rectal, vaginal, and transdermal. For naturopathic 15 doctors having injection therapy privilege under section sixty-eight 16 hundred fifty-four of this article, "approved routes of administration" 17 further include injection routes, namely, intravenous, intramuscular, 18 subcutaneous, and intradermal. 19 3. "Approved substances" means over-the-counter substances; food 20 concentrates, food extracts, and other dietary ingredients; vitamins, 21 minerals, and other dietary supplements; botanical and homeopathic prep- 22 arations; and a limited formulary of legend drugs. The limited formulary 23 of legend drugs includes thyroid hormones, estrogen hormones, progester- 24 one hormone, DHEA, and homeopathic preparations of homeopathic drugs 25 listed in the official homeopathic pharmacopoeia of the United States. 26 For naturopathic doctors having injection therapy privilege under 27 section sixty-eight hundred fifty-four of this article, the limited 28 formulary further includes immunizations and injectable forms of the 29 approved substances. Legend drugs in the limited formulary may be admin- 30 istered and prescribed, and the other approved substances and homeopath- 31 ic preparations may be administered, prescribed, and dispensed. 32 4. "Board" means the state board for naturopathic medicine. 33 5. "Common office procedures" means administering approved CLIA waived 34 tests; administering ultrasonographic and thermographic imaging; 35 prescribing, installing, removing, and adjusting barrier contraceptive 36 devices; procedures for treating superficial lacerations and abrasions 37 and for the removal of foreign bodies located in superficial structures 38 not to include the eye, excluding by incision and suturing; administer- 39 ing cryotherapy, ligation, and fulguration; administering approved 40 substances via approved routes of administration; procedures for obtain- 41 ing samples of bodily fluids, bodily excretions, bodily secretions, and 42 bodily tissues; and other procedures for assessment or therapy that are 43 noninvasive. Common office procedures for obtaining samples are limited 44 to: venipuncture and phlebotomy, PAP smear, scraping, and for hair 45 cutting. 46 6. "Controlled substance" means controlled substances as defined in 47 the federal controlled substances act. 48 7. "Diagnostic imaging" means radiography, tomography, magnetic reso- 49 nance imaging, ultrasonography, and thermography, and excludes nuclear 50 medicine, fluoroscopy, and radiological procedures for treating a 51 medical condition. 52 8. "Dietary ingredient" means a dietary ingredient as defined in the 53 Federal Dietary Supplement Health and Education Act of 1994 (DSHEA). 54 9. "Dietary supplement" means a dietary supplement as defined in the 55 Federal Dietary Supplement Health and Education Act of 1994 (DSHEA).A. 5913 5 1 10. "Drug" means a drug as defined in the Federal Food, Drug, and 2 Cosmetic Act, 21 USC 321. 3 11. "Facilitating optimum health and wellness" means facilitating the 4 establishment and maintenance of a healthy patient lifestyle and nutri- 5 tional foundation; educating the patient about their circumstances of 6 health and illness and steps for establishing and maintaining optimum 7 health and wellness; facilitating and augmenting self-healing processes; 8 supporting and modulating physiological processes; supporting and 9 correcting integrity of anatomical structures; identifying and removing 10 underlying causes of illness; and identifying, preventing, mitigating, 11 monitoring, and treating illness. 12 12. "Food" means food as defined in the Federal Food, Drug, and 13 Cosmetic Act, 21 USC 321. 14 13. "Illness" means pain, injury, deformity, syndrome, disease, or 15 other unhealthy condition. 16 14. "Invasive procedure" means any medical procedure in which bone, 17 viscera, the eyeball, the inner ear, the dorsal body cavity, or the 18 ventral body cavity is penetrated by a physical device or by ionizing 19 radiation above background levels. 20 15. "Injection therapy" means the injection of approved substances. 21 16. "Injection therapy privilege" means the scope of practice privi- 22 lege to practice injection therapy, in accordance with regulations 23 promulgated by the commissioner. 24 17. "Legend drug" means a drug for which a prescription is required 25 under the Federal Food, Drug and Cosmetic Act. 26 18. "Naturopathic assessment" means the identification and evaluation 27 of a patient's circumstances of health and illness by investigating the 28 patient's health, history, life style, and determinants of health; by 29 comprehensive physical examination; by common office procedures for 30 assessment; by ordering and prescribing laboratory tests and procedures, 31 including submitting specimens for testing to laboratories that hold 32 permits or licenses pursuant to under title V of article five of the 33 public health law; by ordering and prescribing diagnostic imaging; and 34 by other assessment techniques that are noninvasive. Specimens for 35 testing may be obtained by common office procedures as described in 36 subdivision five of this section or by patient submission (e.g., for 37 stool, urine, hair, saliva). 38 19. "Naturopathic principles" means the following principles, which 39 are weighed by the naturopathic doctor to influence the selection of 40 naturopathic assessment activities, common office procedures, and treat- 41 ments administered, ordered or referred: 42 a. "the healing power of nature," which means the inherent ability of 43 a living organism for self-healing; 44 b. "identify and treat the causes," which means identify and remove 45 the underlying causes of illness so that self-healing processes may 46 function effectively; 47 c. "first do no harm," which means apply the least force or inter- 48 vention to identify illness and restore health, such as referenced in 49 the therapeutic order; and whenever possible, avoid symptom suppression 50 that interferes with the dynamics of self-healing; 51 d. "doctor as teacher," which means educate patients as to steps for 52 achieving and maintaining health, and encourage self-responsibility for 53 health; 54 e. "treat the whole person," which means assess and treat the patient 55 as an integrated whole having many physical, mental, emotional, spiritu- 56 al, and social aspects; andA. 5913 6 1 f. "prevention," which means assess life style, determinants of 2 health, and genetic and environmental susceptibility to illness; recom- 3 mend appropriate interventions to reduce risks of disease occurrence; 4 and facilitate the establishment and maintenance of positive emotion, 5 thought and action. 6 20. "Noninvasive" means no break is created in the skin or mucosa, no 7 infiltration of the skin or mucosa is made by ionizing radiation above 8 background levels, no endoscopy is performed between the esophagus and 9 colon, inclusive, and no radiography, tomography, or magnetic resonance 10 imaging is administered. 11 21. "Noninvasive naturopathic therapies" means diet and lifestyle 12 counseling, patient education as to circumstances of health and illness, 13 wellness counseling, biofeedback, hypnotherapy, and touch and/or tapping 14 therapies with and without a verbal communication component. Noninvasive 15 naturopathic therapies exclude the practice of marital and family thera- 16 py, psychoanalysis, and creative arts therapy on a continued sustained 17 basis, and is further limited in application by a boundary of profes- 18 sional competence restricting psychotherapeutic intervention with 19 patients having symptomatic, intellectually, socially or emotionally 20 maladaptive behavior sufficient to be a mental, emotional, cognitive, 21 addictive or behavioral disorder as per DSM criteria or per diagnosis by 22 a qualified healthcare provider, as provided in section sixty-eight 23 hundred fifty-five of this article. 24 22. "Optimum health" means a person's desired, maintainable, best 25 degree of health, given the person's circumstances of health and 26 illness, the therapeutic goals, and the person's degree of self-respon- 27 sibility for healing. 28 23. "Over the counter substances" means substances that have been 29 approved or cleared by the food and drug administration of the United 30 States department of health and human services for sale or distribution 31 to the public on a direct or over-the-counter basis without a 32 prescription from a qualified health care practitioner. 33 24. "Physical naturopathy" means manual therapy, therapeutic exercise, 34 hydrotherapy, colonic therapy, sauna, microwave diathermy, shortwave 35 diathermy, ultrasonic diathermy, muscle stimulation, biofeedback, infra- 36 red light therapy, ultraviolet light therapy, visible light therapy, 37 iontophoresis, and the therapeutic use of physical medicine therapeutic 38 devices that are exempt or are class i or class ii devices identified 39 under the Code of Federal Regulations, Title 21, Chapter I, Subchapter 40 H, Part 890, Subpart f. 41 25. "Radiological procedures" means radiological procedures as defined 42 in article eighty-seven hundred one of this title. 43 26. "Superficial" means the dermal and subcutaneous layers of the body 44 exterior, the mucosal layer of the body orifices, and the underlying 45 fascia and adipose. 46 27. "Surgery" means a medical procedure for structurally altering the 47 human body by cutting into live human tissue for the purpose of local- 48 ized alteration, transportation, or destruction of live human tissue 49 using ionizing radiation or an instrument, such as a laser, scalpel, or 50 probe; and does not include punctures, injections, dry needling, 51 acupuncture, or removal of dead tissue. 52 28. "Therapeutic order" means the hierarchy of therapeutic inter- 53 vention, as follows, ordered according to degree of intervention, and 54 used by determining the lowest degree of intervention for which the 55 specific patient's circumstances of health and illness can be effec- 56 tively addressed to restore and facilitate optimum health, wherein ther-A. 5913 7 1 apeutic intervention outside the boundaries of professional competence 2 is intended to be referred: 3 a. establish the conditions for health (e.g., identify and remove 4 disturbing factors; institute a more healthful regimen); 5 b. stimulate the self-healing processes; 6 c. address weakened or damaged systems or organs (e.g., strengthen the 7 immune system; decrease toxicity; normalize inflammatory function; opti- 8 mize metabolic function; balance regulatory systems; enhance regener- 9 ation; cultivate sensory and mindful awareness of the integration of 10 psyche and soma); 11 d. correct structural integrity; 12 e. address pathology using specific natural substances, modalities, or 13 interventions; 14 f. address pathology using specific pharmacologic or synthetic 15 substances; and 16 g. suppress or surgically remove pathology. 17 29. "Vertebral adjustment" means a high velocity, low amplitude thrust 18 applied to a vertebra at the end of its range of motion utilizing parts 19 of the vertebra and contiguous structures as levers to directionally 20 correct articulate malposition, and excludes motion that moves the 21 vertebra to the end of its range of motion. 22 30. "Wellness" means a state of being able to prevent illness and 23 prolong life. 24 31. "Wellness counseling" means patient doctor dialogue for facilitat- 25 ing positive emotion, thought, and action provided within a multimodal 26 holistic framework of therapy informed by the naturopathic principles 27 and the therapeutic order. 28 § 6852. Definition of the practice of naturopathic medicine. The 29 practice of naturopathic medicine is defined as facilitating optimum 30 health and wellness for patients of any age using naturopathic assess- 31 ment, common office procedures, physical naturopathy, approved 32 substances, and noninvasive naturopathic therapies in a holistic frame- 33 work informed by naturopathic principles and a therapeutic order. 34 § 6853. Title and designation. Only a person licensed under this arti- 35 cle may use the title "naturopathic doctor", "licensed naturopath" or 36 "professional naturopath" and hold herself or himself out as practicing 37 naturopathic medicine; provided, however, that none of such titles nor 38 any combination of such titles shall be used to convey the idea that the 39 individual who uses such title practices anything other than naturopathy 40 and naturopathic medicine. A licensed naturopathic doctor may not use 41 the title "physician" unless otherwise authorized under title VIII of 42 the education law. 43 § 6854. Injection therapy and injection therapy privilege. 1. For 44 issuance of injection therapy privilege, the applicant shall fulfill the 45 following requirements: 46 a. file an application with the department; 47 b. be licensed as a naturopathic doctor in the state, including a 48 limited permit holder, or be an applicant for licensure under this arti- 49 cle meeting the qualifications for licensure or for a limited permit; 50 c. have successfully completed a certification course in injection 51 therapy from a course provider approved by the department or as part of 52 a program of naturopathic medicine registered with the department or the 53 substantial equivalent thereof; 54 d. pay a fee to the department of two hundred dollars for the issuance 55 and initial registration of the injection therapy privilege.A. 5913 8 1 2. An injection therapy privilege issued under this section shall be 2 valid for the life of the holder, unless revoked, annulled, or suspended 3 by the board of regents. During each triennial registration period, a 4 naturopathic doctor having injection therapy privilege shall complete 5 eight hours of acceptable formal continuing education as part of their 6 mandatory continuing education requirement, in conformance with the 7 provisions of section sixty-eight hundred sixty-two of this article, on 8 the subject of injection therapy, including formal continuing education 9 that contributes to the enhancement of clinical injection therapy 10 skills, pursuant to the regulation of the commissioner. Failure to 11 complete the required continuing education under this subsection shall 12 result in suspension of the injection therapy privilege until such time 13 as the required continuing education is complete. A suspension of the 14 injection therapy privilege for lack of completion of the required 15 continuing education that exceeds twelve months in duration shall result 16 in a revocation of the injection therapy privilege, and require re-ap- 17 plication, recertification or other education satisfactory to the 18 commissioner, and the fee as per section sixty-eight hundred fifty-seven 19 of this article for re-issuance of the injection therapy privilege. This 20 continuing education requirement is effective as of the same effective 21 date as section sixty-eight hundred fifty-seven of this article. 22 3. A student in a doctoral program of naturopathic medicine registered 23 with the department or the substantial equivalent thereof may perform 24 injection therapy in an internship or preceptorship setting when 25 required as part of such program for the purpose of fulfilling such 26 program requirement only under the immediate direct personal supervision 27 of a physician licensed under this title or a naturopathic doctor 28 licensed under this article having injection therapy privilege. "Immedi- 29 ate direct personal supervision" for the purposes of this section means 30 supervision of a procedure for injection therapy based on instructions 31 given directly by the supervising physician or supervising naturopathic 32 doctor who remains physically present in the immediate area when the 33 injection therapy procedure is performed. 34 § 6855. Boundaries of professional competence. The activities encom- 35 passed within the definition of the practice of naturopathic medicine 36 under sections sixty-eight hundred fifty-two and sixty-eight hundred 37 fifty-four of this article are limited by the prohibitions, boundaries, 38 and restrictions of this section. 39 1. The practice of the profession of naturopathic medicine does not 40 include: administering or prescribing controlled substances; adminis- 41 tering invasive procedures; administering electroconvulsive therapy; 42 administering needle-type electromyography; performing surgery other 43 than cryotherapy, ligation and fulguration; administering radiological 44 procedures using ionizing radiation above background levels; administer- 45 ing general or spinal anesthetic drugs; administering obstetric services 46 other than complementary naturopathic prenatal and postnatal wellness 47 care; administering acupuncture; and setting fractures. 48 2. a. (i) It shall be deemed practicing outside the boundaries of 49 professional competence for a naturopathic doctor to provide emergency 50 care services for treating injuries or trauma from a serious accident or 51 a violent crime, except as permitted by article 30 of the public health 52 law of New York. 53 (ii) It shall be deemed professional misconduct for a naturopathic 54 doctor to hold herself or himself out as providing emergency care 55 services on a continued sustained basis; or to treat an acute emergentA. 5913 9 1 condition of significant threat to life or limb without also summoning 2 emergency medical response. 3 b. (i) It shall be deemed practicing outside the boundaries of profes- 4 sional competence for a naturopathic doctor to administer physical natu- 5 ropathy on a patient on a continued sustained basis under either of the 6 following circumstances: to assist the patient to compensate for devel- 7 opmental deficits affecting physical movement and mobility that cannot 8 be reversed; and to restore, for purposes of patient reintegration back 9 into the home, community, or work, some or all of the patient's pathome- 10 chanical deficits affecting physical movement and mobility that were 11 lost due to injury or disease causing ongoing separation from home, 12 community or work. 13 (ii) A naturopathic doctor may correct vertebral alignment using 14 vertebral adjustment in combination with naturopathic muscle release 15 techniques and soft tissue manipulation within a multimodal holistic 16 treatment plan, but otherwise may not practice vertebral adjustment. 17 c. For patients having symptomatic, intellectually, socially or 18 emotionally maladaptive behavior sufficient to be a mental, emotional, 19 cognitive, addictive or behavioral disorder as per DSM (diagnostic and 20 statistical manual of mental disorders) criteria or an equivalent there- 21 of, or per diagnosis by a qualified healthcare provider, it shall be 22 deemed practicing outside the boundaries of professional competence for 23 a naturopathic doctor to facilitate changes in the patient's personality 24 and behavior for the purpose of eliminating such symptomatic maladaptive 25 behavior corresponding to such disorder through the use of verbal, 26 cognitive, and emotional interpersonal communication methods of 27 psychotherapeutic intervention on a continued sustained basis. Such 28 restriction on psychotherapeutic intervention does not restrict a natu- 29 ropathic doctor from providing dietary and lifestyle advice and 30 instructions to the patient, nor from educating the patient about their 31 circumstances of health and illness. Such restriction on psychotherapeu- 32 tic intervention excludes hypnotherapy applied as part of a multimode 33 holistic treatment plan (e.g., nutrient therapy and hypnotherapy) to 34 treat tobacco addiction or obesity. Although a naturopathic doctor 35 cannot provide a psychological diagnosis, a naturopathic doctor may 36 apply and document such DSM or equivalent criteria, or the absence ther- 37 eof to discern this boundary of professional competence, which discern- 38 ment shall defer to a diagnosis by a qualified healthcare provider. 39 d. Although the identification of an illness is part of a naturopathic 40 assessment, a naturopathic doctor may not equate such assessment to a 41 medical or psychological diagnosis, nor hold himself or herself out as 42 making a medical or psychological diagnosis. A naturopathic doctor, 43 however, may use common diagnostic codes (e.g., ICD-10 codes; DSM-V 44 codes) and may refer to an identified illness in discussions with the 45 patient, in patient health records, and in communications compliant with 46 the federal Health Insurance Portability and Accountability Act of 1996 47 (HIPAA). 48 3. While the scope of activities included within the practice of natu- 49 ropathic medicine overlaps in part with other professions licensed under 50 this title, the naturopathic doctor shall not hold herself or himself 51 out as practicing any such other profession or use a title of any such 52 other profession, unless otherwise authorized under this title. 53 § 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 licensingA. 5913 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 § 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 § 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 qualificationA. 5913 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 § 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 § 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. 5913 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 § 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. 5913 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 § 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 toA. 5913 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 § 3. Subdivision (a) of section 1203 of the limited liability company 33 law, as amended by chapter 475 of the laws of 2014, 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 43 professional 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 liabilityA. 5913 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, landscape 7 architectural and/or geological services as such services are defined in 8 article 145, article 147 and article 148 of the education law, each 9 member of such limited liability company 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 in this state. With respect to 12 a professional service limited liability company formed to provide 13 licensed clinical social work services as such services are defined in 14 article 154 of the education law, each member of such limited liability 15 company shall be licensed pursuant to article 154 of the education law 16 to practice licensed clinical social work in this state. With respect to 17 a professional service limited liability company formed to provide crea- 18 tive arts therapy services as such services are defined in article 163 19 of the education law, each member of such limited liability company must 20 be licensed pursuant to article 163 of the education law to practice 21 creative arts therapy in this state. With respect to a professional 22 service limited liability company formed to provide marriage and family 23 therapy services as such services are defined in article 163 of the 24 education law, each member of such limited liability company must be 25 licensed pursuant to article 163 of the education law to practice 26 marriage and family therapy in this state. With respect to a profes- 27 sional service limited liability company formed to provide mental health 28 counseling services as such services are defined in article 163 of the 29 education law, each member of such limited liability company must be 30 licensed pursuant to article 163 of the education law to practice mental 31 health counseling in this state. With respect to a professional service 32 limited liability company formed to provide psychoanalysis services as 33 such services are defined in article 163 of the education law, each 34 member of such limited liability company must be licensed pursuant to 35 article 163 of the education law to practice psychoanalysis in this 36 state. With respect to a professional service limited liability company 37 formed to provide applied behavior analysis services as such services 38 are defined in article 167 of the education law, each member of such 39 limited liability company must be licensed or certified pursuant to 40 article 167 of the education law to practice applied behavior analysis 41 in this state. In addition to engaging in such profession or 42 professions, a professional service limited liability company may engage 43 in any other business or activities as to which a limited liability 44 company may be formed under section two hundred one of this chapter. 45 Notwithstanding any other provision of this section, a professional 46 service limited liability company (i) authorized to practice law may 47 only engage in another profession or business or activities or (ii) 48 which is engaged in a profession or other business or activities other 49 than law may only engage in the practice of law, to the extent not 50 prohibited by any other law of this state or any rule adopted by the 51 appropriate appellate division of the supreme court or the court of 52 appeals. 53 § 4. Subdivision (b) of section 1207 of the limited liability company 54 law, as amended by chapter 475 of the laws of 2014, is amended to read 55 as follows:A. 5913 16 1 (b) With respect to a professional service limited liability company 2 formed to provide medical services as such services are defined in arti- 3 cle 131 of the education law, each member of such limited liability 4 company must be licensed pursuant to article 131 of the education law to 5 practice medicine in this state. With respect to a professional service 6 limited liability company formed to provide naturopathic services as 7 such services are defined in article 138 of the education law, each 8 member of such limited liability company must be licensed pursuant to 9 article 138 of the education law to practice naturopathy in this state. 10 With respect to a professional service limited liability company formed 11 to provide dental services as such services are defined in article 133 12 of the education law, each member of such limited liability company must 13 be licensed pursuant to article 133 of the education law to practice 14 dentistry in this state. With respect to a professional service limited 15 liability company formed to provide veterinary services as such services 16 are defined in article 135 of the education law, each member of such 17 limited liability company must be licensed pursuant to article 135 of 18 the education law to practice veterinary medicine in this state. With 19 respect to a professional service limited liability company formed to 20 provide professional engineering, land surveying, architectural, land- 21 scape architectural and/or geological services as such services are 22 defined in article 145, article 147 and article 148 of the education 23 law, each member of such limited liability company must be licensed 24 pursuant to article 145, article 147 and/or article 148 of the education 25 law to practice one or more of such professions in this state. With 26 respect to a professional service limited liability company formed to 27 provide licensed clinical social work services as such services are 28 defined in article 154 of the education law, each member of such limited 29 liability company shall be licensed pursuant to article 154 of the 30 education law to practice licensed clinical social work in this state. 31 With respect to a professional service limited liability company formed 32 to provide creative arts therapy services as such services are defined 33 in article 163 of the education law, each member of such limited liabil- 34 ity company must be licensed pursuant to article 163 of the education 35 law to practice creative arts therapy in this state. With respect to a 36 professional service limited liability company formed to provide 37 marriage and family therapy services as such services are defined in 38 article 163 of the education law, each member of such limited liability 39 company must be licensed pursuant to article 163 of the education law to 40 practice marriage and family therapy in this state. With respect to a 41 professional service limited liability company formed to provide mental 42 health counseling services as such services are defined in article 163 43 of the education law, each member of such limited liability company must 44 be licensed pursuant to article 163 of the education law to practice 45 mental health counseling in this state. With respect to a professional 46 service limited liability company formed to provide psychoanalysis 47 services as such services are defined in article 163 of the education 48 law, each member of such limited liability company must be licensed 49 pursuant to article 163 of the education law to practice psychoanalysis 50 in this state. With respect to a professional service limited liability 51 company formed to provide applied behavior analysis services as such 52 services are defined in article 167 of the education law, each member of 53 such limited liability company must be licensed or certified pursuant to 54 article 167 of the education law to practice applied behavior analysis 55 in this state.A. 5913 17 1 § 5. Subdivision (a) of section 1301 of the limited liability company 2 law, as amended by chapter 475 of the laws of 2014, is amended to read 3 as follows: 4 (a) "Foreign professional service limited liability company" means a 5 professional service limited liability company, whether or not denomi- 6 nated as such, organized under the laws of a jurisdiction other than 7 this state, (i) each of whose members and managers, if any, is a profes- 8 sional authorized by law to render a professional service within this 9 state and who is or has been engaged in the practice of such profession 10 in such professional service limited liability company or a predecessor 11 entity, or will engage in the practice of such profession in the profes- 12 sional service limited liability company within thirty days of the date 13 such professional becomes a member, or each of whose members and manag- 14 ers, if any, is a professional at least one of such members is author- 15 ized by law to render a professional service within this state and who 16 is or has been engaged in the practice of such profession in such 17 professional service limited liability company or a predecessor entity, 18 or will engage in the practice of such profession in the professional 19 service limited liability company within thirty days of the date such 20 professional becomes a member, or (ii) authorized by, or holding a 21 license, certificate, registration or permit issued by the licensing 22 authority pursuant to, the education law to render a professional 23 service within this state; except that all members and managers, if any, 24 of a foreign professional service limited liability company that 25 provides health services in this state shall be licensed in this state. 26 With respect to a professional service limited liability company formed 27 to provide naturopathic services as such services are defined in article 28 138 of the education law, each member of such limited liability company 29 must be licensed pursuant to article 138 of the education law to prac- 30 tice naturopathy in this state. With respect to a foreign professional 31 service limited liability company which provides veterinary services as 32 such services are defined in article 135 of the education law, each 33 member of such foreign professional service limited liability company 34 shall be licensed pursuant to article 135 of the education law to prac- 35 tice veterinary medicine. With respect to a foreign professional service 36 limited liability company which provides medical services as such 37 services are defined in article 131 of the education law, each member of 38 such foreign professional service limited liability company must be 39 licensed pursuant to article 131 of the education law to practice medi- 40 cine in this state. With respect to a foreign professional service 41 limited liability company which provides dental services as such 42 services are defined in article 133 of the education law, each member of 43 such foreign professional service limited liability company must be 44 licensed pursuant to article 133 of the education law to practice 45 dentistry in this state. With respect to a foreign professional service 46 limited liability company which provides professional engineering, land 47 surveying, geologic, architectural and/or landscape architectural 48 services as such services are defined in article 145, article 147 and 49 article 148 of the education law, each member of such foreign profes- 50 sional service limited liability company must be licensed pursuant to 51 article 145, article 147 and/or article 148 of the education law to 52 practice one or more of such professions in this state. With respect to 53 a foreign professional service limited liability company which provides 54 licensed clinical social work services as such services are defined in 55 article 154 of the education law, each member of such foreign profes- 56 sional service limited liability company shall be licensed pursuant toA. 5913 18 1 article 154 of the education law to practice clinical social work in 2 this state. With respect to a foreign professional service limited 3 liability company which provides creative arts therapy services as such 4 services are defined in article 163 of the education law, each member of 5 such foreign professional service limited liability company must be 6 licensed pursuant to article 163 of the education law to practice crea- 7 tive arts therapy in this state. With respect to a foreign professional 8 service limited liability company which provides marriage and family 9 therapy services as such services are defined in article 163 of the 10 education law, each member of such foreign professional service limited 11 liability company must be licensed pursuant to article 163 of the educa- 12 tion law to practice marriage and family therapy in this state. With 13 respect to a foreign professional service limited liability company 14 which provides mental health counseling services as such services are 15 defined in article 163 of the education law, each member of such foreign 16 professional service limited liability company must be licensed pursuant 17 to article 163 of the education law to practice mental health counseling 18 in this state. With respect to a foreign professional service limited 19 liability company which provides psychoanalysis services as such 20 services are defined in article 163 of the education law, each member of 21 such foreign professional service limited liability company must be 22 licensed pursuant to article 163 of the education law to practice 23 psychoanalysis in this state. With respect to a foreign professional 24 service limited liability company which provides applied behavior analy- 25 sis services as such services are defined in article 167 of the educa- 26 tion law, each member of such foreign professional service limited 27 liability company must be licensed or certified pursuant to article 167 28 of the education law to practice applied behavior analysis in this 29 state. 30 § 6. Subdivision (q) of section 121-1500 of the partnership law, as 31 amended by chapter 475 of the laws of 2014, is amended to read as 32 follows: 33 (q) Each partner of a registered limited liability partnership formed 34 to provide medical services in this state must be licensed pursuant to 35 article 131 of the education law to practice medicine in this state and 36 each partner of a registered limited liability partnership formed to 37 provide dental services in this state must be licensed pursuant to arti- 38 cle 133 of the education law to practice dentistry in this state. Each 39 partner of a registered limited liability partnership formed to provide 40 naturopathic services in this state must be licensed pursuant to article 41 138 of the education law to practice naturopathy in this state. Each 42 partner of a registered limited liability partnership formed to provide 43 veterinary services in this state must be licensed pursuant to article 44 135 of the education law to practice veterinary medicine in this state. 45 Each partner of a registered limited liability partnership formed to 46 provide professional engineering, land surveying, geological services, 47 architectural and/or landscape architectural services in this state must 48 be licensed pursuant to article 145, article 147 and/or article 148 of 49 the education law to practice one or more of such professions in this 50 state. Each partner of a registered limited liability partnership formed 51 to provide licensed clinical social work services in this state must be 52 licensed pursuant to article 154 of the education law to practice clin- 53 ical social work in this state. Each partner of a registered limited 54 liability partnership formed to provide creative arts therapy services 55 in this state must be licensed pursuant to article 163 of the education 56 law to practice creative arts therapy in this state. Each partner of aA. 5913 19 1 registered limited liability partnership formed to provide marriage and 2 family therapy services in this state must be licensed pursuant to arti- 3 cle 163 of the education law to practice marriage and family therapy in 4 this state. Each partner of a registered limited liability partnership 5 formed to provide mental health counseling services in this state must 6 be licensed pursuant to article 163 of the education law to practice 7 mental health counseling in this state. Each partner of a registered 8 limited liability partnership formed to provide psychoanalysis services 9 in this state must be licensed pursuant to article 163 of the education 10 law to practice psychoanalysis in this state. Each partner of a regis- 11 tered limited liability partnership formed to provide applied behavior 12 analysis service in this state must be licensed or certified pursuant to 13 article 167 of the education law to practice applied behavior analysis 14 in this state. 15 § 7. Subdivision (q) of section 121-1502 of the partnership law, as 16 amended by chapter 475 of the laws of 2014, is amended to read as 17 follows: 18 (q) Each partner of a foreign limited liability partnership which 19 provides medical services in this state must be licensed pursuant to 20 article 131 of the education law to practice medicine in the state and 21 each partner of a foreign limited liability partnership which provides 22 dental services in the state must be licensed pursuant to article 133 of 23 the education law to practice dentistry in this state. Each partner of a 24 foreign limited liability partnership which provides naturopathic 25 services in this state must be licensed pursuant to article 138 of the 26 education law to practice naturopathy in this state. Each partner of a 27 foreign limited liability partnership which provides veterinary service 28 in the state shall be licensed pursuant to article 135 of the education 29 law to practice veterinary medicine in this state. Each partner of a 30 foreign limited liability partnership which provides professional engi- 31 neering, land surveying, geological services, architectural and/or land- 32 scape architectural services in this state must be licensed pursuant to 33 article 145, article 147 and/or article 148 of the education law to 34 practice one or more of such professions. Each partner of a foreign 35 limited liability partnership which provides licensed clinical social 36 work services in this state must be licensed pursuant to article 154 of 37 the education law to practice licensed clinical social work in this 38 state. Each partner of a foreign limited liability partnership which 39 provides creative arts therapy services in this state must be licensed 40 pursuant to article 163 of the education law to practice creative arts 41 therapy in this state. Each partner of a foreign limited liability part- 42 nership which provides marriage and family therapy services in this 43 state must be licensed pursuant to article 163 of the education law to 44 practice marriage and family therapy in this state. Each partner of a 45 foreign limited liability partnership which provides mental health coun- 46 seling services in this state must be licensed pursuant to article 163 47 of the education law to practice mental health counseling in this state. 48 Each partner of a foreign limited liability partnership which provides 49 psychoanalysis services in this state must be licensed pursuant to arti- 50 cle 163 of the education law to practice psychoanalysis in this state. 51 Each partner of a foreign limited liability partnership which provides 52 applied behavior analysis services in this state must be licensed or 53 certified pursuant to article 167 of the education law to practice 54 applied behavior analysis in this state.A. 5913 20 1 § 8. Paragraph (a) of subdivision 1 of section 413 of the social 2 services law, as separately amended by chapters 126 and 205 of the laws 3 of 2014, is amended to read as follows: 4 (a) The following persons and officials are required to report or 5 cause a report to be made in accordance with this title when they have 6 reasonable cause to suspect that a child coming before them in their 7 professional or official capacity is an abused or maltreated child, or 8 when they have reasonable cause to suspect that a child is an abused or 9 maltreated child where the parent, guardian, custodian or other person 10 legally responsible for such child comes before them in their profes- 11 sional or official capacity and states from personal knowledge facts, 12 conditions or circumstances which, if correct, would render the child an 13 abused or maltreated child: any physician; registered physician assist- 14 ant; surgeon; medical examiner; coroner; dentist; dental hygienist; 15 osteopath; optometrist; chiropractor; podiatrist; naturopathic doctor; 16 resident; intern; psychologist; registered nurse; social worker; emer- 17 gency medical technician; licensed creative arts therapist; licensed 18 marriage and family therapist; licensed mental health counselor; 19 licensed psychoanalyst; licensed behavior analyst; certified behavior 20 analyst assistant; hospital personnel engaged in the admission, examina- 21 tion, care or treatment of persons; a Christian Science practitioner; 22 school official, which includes but is not limited to school teacher, 23 school guidance counselor, school psychologist, school social worker, 24 school nurse, school administrator or other school personnel required to 25 hold a teaching or administrative license or certificate; full or part- 26 time compensated school employee required to hold a temporary coaching 27 license or professional coaching certificate; social services worker; 28 director of a children's overnight camp, summer day camp or traveling 29 summer day camp, as such camps are defined in section thirteen hundred 30 ninety-two of the public health law; day care center worker; school-age 31 child care worker; provider of family or group family day care; employee 32 or volunteer in a residential care facility for children that is 33 licensed, certified or operated by the office of children and family 34 services; or any other child care or foster care worker; mental health 35 professional; substance abuse counselor; alcoholism counselor; all 36 persons credentialed by the office of alcoholism and substance abuse 37 services; peace officer; police officer; district attorney or assistant 38 district attorney; investigator employed in the office of a district 39 attorney; or other law enforcement official. 40 § 9. Subdivision 6 of section 571 of the public health law, as amended 41 by chapter 444 of the laws of 2013, is amended to read as follows: 42 6. "Qualified health care professional" means a physician, dentist, 43 podiatrist, naturopathic doctor, optometrist performing a clinical labo- 44 ratory test that does not use an invasive modality as defined in section 45 seventy-one hundred one of the education law, physician assistant, 46 specialist assistant, nurse practitioner, or midwife, who is licensed 47 and registered with the state education department. 48 § 10. Subdivision 1 of section 585 of the public health law, as added 49 by chapter 803 of the laws of 1992, is amended to read as follows: 50 1. "Health services purveyor" means any person, firm, partnership, 51 group, association, corporation or professional corporation, or any 52 agent, employee, fiduciary, employer or representative thereof, includ- 53 ing but not limited to a physician, dentist, podiatrist, naturopathic 54 doctor or chiropractor, either in individual practice, group practice or 55 employed in a facility owned by any person, group, association, firm,A. 5913 21 1 partnership or corporation hiring any of the aforementioned practition- 2 ers, who provide health or health related services. 3 § 11. This act shall take effect immediately; provided that: 4 a. sections one, two, three, four, five, six, seven, nine and ten of 5 this act shall take effect on the five hundred fortieth day after it 6 shall have become a law; and 7 b. effective immediately, the addition, amendment and/or repeal of any 8 rule or regulation necessary for the implementation of this act on its 9 effective date are authorized and directed to be made and completed by 10 the commissioner of education and the board of regents on or before such 11 effective date.
