Bill Text: NY S00021 | 2021-2022 | General Assembly | Amended
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: Partisan Bill (Democrat 5-0)
Status: (Introduced - Dead) 2022-03-01 - PRINT NUMBER 21A [S00021 Detail]
Download: New_York-2021-S00021-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 21--A 2021-2022 Regular Sessions IN SENATE (Prefiled) January 6, 2021 ___________ Introduced by Sens. KAPLAN, BROUK, COONEY, SAVINO, THOMAS -- read twice and ordered printed, and when printed to be committed to the Committee on Higher Education -- recommitted to the Committee on Higher Educa- tion in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee 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 EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD00762-04-2S. 21--A 2 1 general provisions for all professions contained in article one hundred 2 thirty of this title apply to this article. 3 § 8451. Definitions. 1. (a) The practice of licensed professional 4 music therapy shall mean the clinical and evidence-based use of music 5 interventions to accomplish individualized goals for people of all ages 6 and ability levels within a therapeutic relationship, through the devel- 7 opment of music therapy treatment plans specific to the needs and 8 strengths of the client who may be seen individually and/or in groups. 9 (b) A licensed professional music therapist uses interventions that 10 may include music improvisation, receptive music listening, song writ- 11 ing, lyric discussion, music and imagery, singing, music performance, 12 learning through music, music combined with other arts, music-assisted 13 relaxation, music-based education, electronic music technology, adapted 14 music interventions and movement to music. 15 (c) The practice of licensed professional music therapy does not 16 include the screening, diagnosis or assessment of any physical, mental, 17 or communication disorder. 18 2. (a) The practice of licensed clinical music therapy encompasses the 19 scope of practice of licensed professional music therapy and, in addi- 20 tion, includes the assessment, evaluation, and the therapeutic inter- 21 vention and treatment, which may be either primary, parallel or adjunc- 22 tive, of mental, emotional, developmental and behavioral disorders 23 through the use of music as approved by the department. 24 (b) Licensed clinical music therapists use assessment instruments and 25 mental health counseling and psychotherapy to identify, evaluate and 26 treat dysfunctions and disorders for purposes of providing appropriate 27 clinical music therapy services. 28 3. Psychotherapy means the treatment of mental, nervous, emotional, 29 behavioral and addictive disorders, and ailments by the use of both 30 verbal and behavioral methods of intervention in interpersonal relation- 31 ships with the intent of assisting the persons to modify attitudes, 32 thinking, effect, and behavior which are intellectually, socially and 33 emotionally maladaptive. 34 § 8452. Authorized practice and the use of the titles "licensed 35 professional music therapist" and "licensed clinical music therapist". 36 1. (a) Only a person licensed or exempt under this article shall prac- 37 tice "licensed professional music therapy" as defined in subdivision one 38 of section eighty-four hundred fifty-one of this article. 39 (b) Only a person licensed pursuant to subdivision one of section 40 eighty-four hundred fifty-four of this article shall use the title 41 "licensed professional music therapist" or the designation "LPMT". 42 2. (a) Only a person licensed or exempt under this article shall prac- 43 tice "licensed clinical music therapy" as defined in subdivision two of 44 section eighty-four hundred fifty-one of this article. 45 (b) Only a person licensed pursuant to subdivision two of section 46 eighty-four hundred fifty-four of this article shall use the title 47 "licensed clinical music therapist" or the designation "LCMT". 48 § 8453. State board for music therapy. A state board for music therapy 49 "the board", shall be appointed by the board of regents on recommenda- 50 tion of the commissioner for the purpose of assisting the board of 51 regents and the department on matters of professional licensing, prac- 52 tice, and conduct in accordance with section sixty-five hundred eight of 53 this title. The board shall be composed of not less than twelve members, 54 of which five shall be licensed professional music therapists, five 55 shall be licensed clinical music therapists, and two shall be members of 56 the public. Members of the first board need not be licensed prior toS. 21--A 3 1 their appointment to the board. The terms of the first appointed members 2 shall be staggered so that four are appointed for three years, four are 3 appointed for four years, and four are appointed for five years. An 4 executive secretary to the board shall be appointed by the board of 5 regents on recommendation of the commissioner and shall be licensed 6 pursuant to this article. 7 § 8454. Requirements for a license. 1. To qualify for a license as a 8 "licensed professional music therapist," an applicant shall fulfill the 9 following requirements: 10 (a) Application: file an application with the department; 11 (b) Education: have received an education, including a baccalaureate 12 degree in music therapy from a program registered by the department or 13 determined by the department to be the substantial equivalent thereof, 14 in accordance with the commissioner's regulations; 15 (c) Experience: have completed at least twelve hundred hours of super- 16 vised clinical training experience in music therapy, with not less than 17 one hundred eighty hours of pre-internship experience and not less than 18 nine hundred hours of internship experience, satisfactory to the depart- 19 ment and in accordance with the commissioner's regulations; 20 (d) Examination: provide proof of passing a national board certif- 21 ication examination or provide proof of being transitioned into a 22 national board certification credential, satisfactory to the board and 23 in accordance with the commissioner's regulations, currently available 24 to music therapists who have met the education and clinical training 25 standards of the profession; 26 (e) Age: be at least twenty-one years of age; 27 (f) Character: be of good moral character as determined by the depart- 28 ment; and 29 (g) Fees: pay a fee of one hundred seventy-five dollars for an initial 30 license and a fee of one hundred seventy dollars for each triennial 31 registration period. 32 2. To qualify for a license as a "licensed clinical music therapist," 33 an applicant shall fulfill the following requirements: 34 (a) Application: file an application with the department; 35 (b) Education: have received an education, including a master's degree 36 or higher in music therapy or a related field from a program registered 37 by the department or determined by the department to be the substantial 38 equivalent thereof, in accordance with the commissioner's regulations. 39 The graduate coursework shall include, but not be limited to, the 40 following areas: 41 (i) human growth and development; 42 (ii) theories in music therapy; 43 (iii) group dynamics; 44 (iv) assessment and appraisal of individuals and groups; 45 (v) research and program evaluation; 46 (vi) professional orientation and ethics; 47 (vii) foundations of music therapy and psychopathology; 48 (viii) clinical instruction; 49 (c) Experience: have completed at least fifteen hundred hours of post- 50 master's supervised experience in music therapy satisfactory to the 51 department and in accordance with the commissioner's regulations. Satis- 52 factory experience obtained in an entity operating under a waiver issued 53 by the department pursuant to section sixty-five hundred three-a of this 54 title may be accepted by the department, notwithstanding that such expe- 55 rience may have been obtained prior to the effective date of such 56 section and/or prior to the entity having obtained a waiver. TheS. 21--A 4 1 department may, for good cause shown, accept satisfactory experience 2 that was obtained in a setting that would have been eligible for a waiv- 3 er but which has not obtained a waiver from the department or experience 4 that was obtained in good faith by the applicant under the belief that 5 appropriate authorization had been obtained for the experience, provided 6 that such experience meets all other requirements for acceptable experi- 7 ence; 8 (d) Examination: provide proof of passing a national board certif- 9 ication examination or provide proof of being transitioned into a 10 national board certification credential, satisfactory to the board and 11 in accordance with the commissioner's regulations, currently available 12 to music therapists who have met the education and clinical training 13 standards of the profession; 14 (e) Age: be at least twenty-one years of age; 15 (f) Character: be of good moral character as determined by the depart- 16 ment; and 17 (g) Fees: pay a fee of one hundred seventy-five dollars for an initial 18 license and a fee of one hundred seventy dollars for each triennial 19 registration period. 20 § 8455. Limited permits. 1. On recommendation of the board, the 21 department may issue a limited permit to practice licensed clinical 22 music therapy and use the title licensed clinical music therapist to an 23 applicant who has met all requirements for licensure as a licensed clin- 24 ical music therapist except those relating to the examination and 25 provided that the individual is under the general supervision of a 26 professional supervisor, as determined by the department. This limited 27 permit shall be valid for a period of not more than twenty-four months; 28 such limited permits may be renewed, at the discretion of the depart- 29 ment, for up to two additional one-year periods. 30 2. The fee for each limited permit shall be seventy dollars. 31 § 8456. Exemptions. Nothing contained in this article shall be 32 construed to: 33 1. Apply to the practice, conduct, activities, services or use of any 34 title by any person licensed or otherwise authorized to practice medi- 35 cine within the state pursuant to article one hundred thirty-one of this 36 title or by any person registered to perform services as a physician 37 assistant within the state pursuant to article one hundred thirty-one-B 38 of this title or by any person licensed or otherwise authorized to prac- 39 tice psychology within this state pursuant to article one hundred 40 fifty-three of this title or by any person licensed or otherwise author- 41 ized to practice social work within this state pursuant to article one 42 hundred fifty-four of this title, or by any person licensed or otherwise 43 authorized to practice nursing as a registered professional nurse or 44 nurse practitioner within this state pursuant to article one hundred 45 thirty-nine of this title or by any person licensed or otherwise author- 46 ized to practice applied behavior analysis within the state pursuant to 47 article one hundred sixty-seven of this title, or by any person licensed 48 or otherwise authorized to practice mental health counseling, marriage 49 and family therapy, creative arts therapy, or psychoanalysis within the 50 state pursuant to article one hundred sixty-three of this title; 51 provided, however, that no physician, physician's assistant, registered 52 professional nurse, nurse practitioner, psychologist, licensed master 53 social worker, licensed clinical social worker, licensed behavior 54 analyst, certified behavior analyst assistant, licensed mental health 55 counselor, licensed marriage and family therapist, licensed creative 56 arts therapist, or licensed psychoanalyst may use the titles "licensedS. 21--A 5 1 professional music therapist," or "licensed clinical music therapist," 2 unless licensed under this article. 3 2. Prohibit or limit any individual who is credentialed under any law, 4 including attorneys, rape crisis counselors, certified alcoholism coun- 5 selors and certified substance abuse counselors from providing mental 6 health services within their respective established authorities. 7 3. Prohibit or limit the practice of a profession licensed pursuant to 8 this article by a student, intern or resident in, and as part of, a 9 supervised educational program in an institution approved by the depart- 10 ment. 11 4. Prohibit or limit the provision of pastoral counseling services by 12 any member of the clergy or Christian Science practitioner, within the 13 context of his or her ministerial charge or obligation. 14 5. Prohibit or limit individuals, churches, schools, teachers, organ- 15 izations, or not-for-profit businesses, from providing instruction, 16 advice, support, encouragement, or information to individuals, families, 17 and relational groups. 18 6. Prohibit or limit an occupational therapist from performing work 19 consistent with article one hundred fifty-six of this title. 20 7. Prohibit or limit any individual whose training and national 21 certification attests to the individual's preparation and ability to 22 practice his or her certified profession or occupation, if that person 23 does not represent himself or herself as a licensed professional music 24 therapist or licensed clinical music therapist. 25 § 8457. Special provisions. 1. This section shall apply to all 26 professions licensed pursuant to this article, unless otherwise 27 provided. 28 2. Any nonexempt person practicing a profession to be licensed pursu- 29 ant to this article shall apply for a license under this article within 30 one year of the effective date of this article. If such person does not 31 meet the requirements for a license established within this article, 32 such person may meet alternative criteria determined by the department 33 to be the substantial equivalent of such criteria. 34 3. Any person who holds an active board certification credential in 35 music therapy from a national certification body having certification 36 standards acceptable to the commissioner shall be licensed as a licensed 37 professional music therapist on the effective date of this section with- 38 out meeting any additional education, experience, or examination 39 requirements. 40 4. Any person who holds an active board certification credential in 41 music therapy from a national certification body having certification 42 standards acceptable to the commissioner and a master's degree in music 43 therapy or a related field shall be licensed as a licensed clinical 44 music therapist on the effective date of this section without meeting 45 any additional education, experience, or examination requirements. 46 5. Any person who is licensed as a creative arts therapist and who 47 possesses a minimum of a bachelor's degree in music therapy or its 48 equivalent on the effective date of this section shall be licensed as a 49 licensed clinical music therapist without meeting any additional educa- 50 tion, experience, or examination requirements. 51 6. Any person who possesses a minimum of a baccalaureate degree in 52 music therapy on the effective date of this section, who has ten years 53 of post-graduate music therapy employment and holds an active board 54 certification credential in music therapy from a national certification 55 body, and meets the requirements for a license pursuant to this article, 56 except for examination, and who files with the department within oneS. 21--A 6 1 year of the effective date of this section, shall be licensed as a 2 licensed clinical music therapist. 3 7. Any person who possesses a master's degree in music therapy or a 4 related field on the effective date of this section, who has five years 5 of post-graduate music therapy employment and holds an active board 6 certification credential in music therapy from a national certification 7 body, and meets the requirements for a license pursuant to this article, 8 except for examination, and who files with the department within one 9 year of the effective date of this section, shall be licensed as a 10 licensed clinical music therapist. 11 8. Any person licensed pursuant to this article may use accepted clas- 12 sifications of signs, symptoms, dysfunctions and disorders, as approved 13 in accordance with regulations promulgated by the department, in the 14 practice of such licensed profession. 15 § 8458. Boundaries of professional competency. 1. It shall be deemed 16 practicing outside the boundaries of his or her professional competence 17 for a person licensed pursuant to this article, in the case of treatment 18 of any serious mental illness, to provide any mental health service for 19 such illness on a continuous and sustained basis without a medical eval- 20 uation of the illness by, and in consultation with, a physician regard- 21 ing such illness. Such medical evaluation and consultation shall be to 22 determine and advise whether any medical care is indicated for such 23 illness. For purposes of this section, "serious mental illness" means 24 schizophrenia, schizoaffective disorder, bipolar disorder, major depres- 25 sive disorder, panic disorder, and obsessive-compulsive disorder. 26 2. (a) Any individual whose license or authority to practice derives 27 from the provisions of this article shall be prohibited from: 28 (i) prescribing or administering drugs as defined in this chapter as a 29 treatment, therapy, or professional service in the practice of his or 30 her profession; or 31 (ii) using invasive procedures as a treatment, therapy, or profes- 32 sional service in the practice of his or her profession. For purposes of 33 this subdivision, "invasive procedure" means any procedure in which 34 human tissue is cut, altered, or otherwise infiltrated by mechanical or 35 other means. Invasive procedure includes surgery, lasers, ionizing radi- 36 ation, therapeutic ultrasound, or electroconvulsive therapy. 37 (b) (i) Unless authorized to practice speech-language pathology, music 38 therapists shall not evaluate, examine, instruct, or counsel on speech, 39 language, communication, and swallowing disorders and conditions. When 40 providing educational or healthcare services, a music therapist shall 41 not replace the services provided by an audiologist or a speech-language 42 pathologist. 43 (ii) An individual licensed as a professional music therapist shall 44 not represent to the public that the individual is authorized to treat a 45 communication disorder. This shall not prohibit an individual licensed 46 as a professional music therapist from representing to the public that 47 the individual may work with clients who have a communication disorder 48 and address communication skills. 49 (iii) Before providing music therapy services to a client for an iden- 50 tified clinical or developmental need, the licensee shall review with 51 the healthcare provider or providers involved in the client's care, the 52 client's diagnosis, treatment needs, and treatment plan. 53 (iv) Before providing music therapy services to a student for an iden- 54 tified educational need, the licensee shall review with the individual 55 family support plan or individualized education program team, the 56 student's diagnosis, treatment needs, and treatment plan.S. 21--A 7 1 (v) During the provision of music therapy services to a client, the 2 licensee shall collaborate, as applicable, with the client's treatment 3 team, including physicians, psychologists, licensed clinical social 4 workers, or other mental health professionals. 5 (vi) During the provision of music therapy services to a client with a 6 communication disorder, the licensed professional music therapist shall 7 collaborate and discuss the music therapy treatment plan with the 8 client's audiologist or speech-language pathologist. 9 § 8459. Mandatory continuing competency. 1. (a) Each licensed profes- 10 sional music therapist or licensed clinical music therapist shall regis- 11 ter triennially with the department to practice in the state and must 12 comply with the provisions of the mandatory continuing competency 13 requirements prescribed in this section, except as provided in para- 14 graphs (b) and (c) of this subdivision. Those who do not satisfy the 15 mandatory continuing competency requirements shall not be authorized to 16 practice until they have met such requirements, and they have been 17 issued a registration certificate, except that a person may practice 18 without having met such requirements if he or she is issued a condi- 19 tional registration pursuant to subdivision four of this section. 20 (b) Each licensed professional music therapist or licensed clinical 21 music therapist shall be exempt from the mandatory continuing competency 22 requirement for the triennial registration period during which they are 23 first licensed. Adjustment to the mandatory continuing competency 24 requirements may be granted by the department for reasons of health of 25 the licensee where certified by an appropriate health care professional, 26 for extended active duty with the armed forces of the United States, or 27 for other good cause acceptable to the department which may prevent 28 compliance. 29 (c) A licensed professional music therapist or licensed clinical music 30 therapist not engaged in practice, as determined by the department, 31 shall be exempt from the mandatory continuing competency requirement 32 upon the filing of a statement with the department declaring such 33 status. Any licensee who returns to the practice of music therapy during 34 the triennial registration period shall notify the department prior to 35 reentering the profession and shall meet such mandatory continuing 36 competency requirements as shall be prescribed by regulations of the 37 commissioner. 38 2. At the end of each triennial registration period, an applicant for 39 re-registration as a licensed professional music therapist or licensed 40 clinical music therapist must provide proof of holding an active board 41 certification credential in music therapy from a national certification 42 body having certification standards acceptable to the commissioner. 43 3. (a) During each triennial registration period an applicant for 44 registration as a licensed professional music therapist or licensed 45 clinical music therapist shall complete a minimum of thirty-six hours of 46 acceptable learning activities which contribute to continuing compe- 47 tence, as specified in subdivision four of this section. A maximum of 48 twelve hours of the thirty-six hours may be self-instructional course- 49 work acceptable to the department. At least twenty-four hours of the 50 thirty-six hours shall be in areas of study pertinent to the scope of 51 practice of music therapy. With the exception of continuing education 52 hours taken during the registration period immediately preceding the 53 effective date of this section, continuing education hours taken during 54 one triennium may not be transferred to a subsequent triennium. 55 (b) Thereafter, a licensee who has not satisfied the mandatory contin- 56 uing competency requirements shall not be issued a triennial registra-S. 21--A 8 1 tion certificate by the department and shall not practice unless and 2 until a conditional registration certificate is issued as provided for 3 in subdivision four of this section. 4 4. The department, in its discretion, may issue a conditional regis- 5 tration to a licensee who fails to meet the continuing competency 6 requirements established in subdivision three of this section, but who 7 agrees to make up any deficiencies and complete any additional learning 8 activities which the department may require. The fee for such a condi- 9 tional registration shall be the same as, and in addition to, the fee 10 for the triennial registration. The duration of such conditional regis- 11 tration shall be determined by the department but shall not exceed one 12 year. Any licensee who is notified of the denial of registration for 13 failure to submit evidence, satisfactory to the department, of required 14 continuing competency learning activities and who practices without such 15 registration may be subject to disciplinary proceedings pursuant to 16 section sixty-five hundred ten of this title. 17 5. As used in subdivision three of this section, "acceptable learning 18 activities" shall mean activities which contribute to professional prac- 19 tice in music therapy, and which meet the standards prescribed in the 20 regulations of the commissioner. Such learning activities shall include, 21 but not be limited to, collegiate level credit and non-credit courses, 22 self-study activities, independent study, formal mentoring activities, 23 professional development programs and technical sessions, publications 24 in professional journals and professional development programs; such 25 learning activities may be offered and sponsored by national, state, 26 regional, and local professional associations and other organizations or 27 parties acceptable to the department, and any other organized educa- 28 tional and technical learning activities acceptable to the department. 29 Providers (other than those indicated below as exempt from the approval 30 process) must submit an application to the state board for music thera- 31 py. Types of approved providers include: 32 (a) any higher education institution that offers programs that are 33 registered in New York state as leading to licensure in music therapy; 34 (b) a national, regional, state, or local sponsor or provider of 35 coursework or training that is approved by the American Music Therapy 36 Association (AMTA) or the Certification Board for Music Therapists, Inc. 37 (CBMT); postsecondary institutions, or a consortium of such insti- 38 tutions, that offer programs that are registered as leading to either 39 licensure in music therapy or authorization to practice as a music ther- 40 apist, or equivalent professional education programs accredited by an 41 acceptable accrediting agency, for credit and non-credit offerings; 42 (c) an entity, hospital or health facility defined in section two 43 thousand eight hundred one of the public health law; 44 (d) or an equivalent organization as determined by the department. 45 Organizations that fall under the first three paragraphs listed above do 46 not have to submit a fee or an application for approval as a provider of 47 continuing education for music therapists. However, they must register 48 with the state board for music therapy by completing an approved provid- 49 er registration form. Educational institutions which provide education 50 as part of a licensure qualifying program or sponsors who have had their 51 course approved by the Certification Board for Music Therapists, Inc. 52 (CBMT) do not need to submit an application. Courses approved by the 53 CBMT automatically qualify for approval in New York state. The depart- 54 ment may, in its discretion and as needed to contribute to the health 55 and welfare of the public, require the completion of continuing compe- 56 tency learning activities in specific subjects to fulfill this mandatoryS. 21--A 9 1 continuing competency requirement. Learning activities must be taken 2 from a sponsor approved by the department, pursuant to the regulations 3 of the commissioner. 4 6. A licensed professional music therapist or licensed clinical music 5 therapist shall maintain adequate documentation of completion of accept- 6 able continuing competency activities and shall provide such documenta- 7 tion at the request of the department. Failure to provide such documen- 8 tation upon request of the department shall be an act of misconduct 9 subject to the disciplinary proceedings pursuant to section sixty-five 10 hundred ten of this title. 11 7. The mandatory continuing competency fee shall be forty-five 12 dollars, payable on or before the first day of each triennial registra- 13 tion period, and shall be paid in addition to the triennial registration 14 fee. 15 § 2. Subdivision 13 of section 700 of the county law, as added by 16 chapter 358 of the laws of 2012, is amended to read as follows: 17 13. In order to provide services to crime victims, witnesses, and 18 other persons involved in the criminal justice system, and to support 19 crime prevention programs, the district attorney may employ or contract 20 with persons licensed and registered to practice or otherwise authorized 21 under article one hundred fifty-three, one hundred fifty-four, [or] one 22 hundred sixty-three, or one hundred sixty-three-A of the education law, 23 or contract with entities authorized to provide the services specified 24 in such articles, in connection with the provision of any services that 25 such persons or entities are authorized to provide and that are author- 26 ized by the district attorney. 27 § 3. Subparagraph (i) of paragraph a and paragraph d of subdivision 1 28 of section 6503-a of the education law, subparagraph (i) of paragraph a 29 as amended by chapter 554 of the laws of 2013, and paragraph d as added 30 by chapter 130 of the laws of 2010, are amended to read as follows: 31 (i) services provided under article one hundred fifty-four, one 32 hundred sixty-three, one hundred sixty-three-A, or one hundred sixty- 33 seven of this title for which licensure would be required, or 34 d. Such waiver shall provide that services rendered pursuant to this 35 section, directly or indirectly, shall be provided only by a person 36 appropriately licensed to provide such services pursuant to article one 37 hundred thirty-one, one hundred thirty-nine, one hundred fifty-three, 38 one hundred fifty-four, [or] one hundred sixty-three, or one hundred 39 sixty-three-A of this title, or by a person otherwise authorized to 40 provide such services under such articles, or by a professional entity 41 authorized by law to provide such services. 42 § 4. Paragraph c of subdivision 2 of section 6503-a of the education 43 law, as added by chapter 130 of the laws of 2010, is amended to read as 44 follows: 45 c. an institution of higher education authorized to provide a program 46 leading to licensure in a profession defined under article one hundred 47 thirty-one, one hundred thirty-nine, one hundred fifty-three, one 48 hundred fifty-four [or] one hundred sixty-three, or one hundred sixty- 49 three-A of this title, to the extent that the scope of such services is 50 limited to the services authorized to be provided within such registered 51 program; or 52 § 5. Subdivision 4 of section 7605 of the education law, as amended by 53 chapter 554 of the laws of 2013, is amended to read as follows: 54 4. The practice, conduct, activities, or services by any person 55 licensed or otherwise authorized to practice nursing as a registered 56 professional nurse or nurse practitioner within the state pursuant toS. 21--A 10 1 article one hundred thirty-nine of this title or by any person licensed 2 or otherwise authorized to practice social work within the state pursu- 3 ant to article one hundred fifty-four of this title, or by any person 4 licensed or otherwise authorized to practice mental health counseling, 5 marriage and family therapy, creative arts therapy, or psychoanalysis 6 within the state pursuant to article one hundred sixty-three of this 7 title, or by any person licensed or otherwise authorized to practice 8 music therapy within the state pursuant to article one hundred sixty- 9 three-A of this title, or any person licensed or otherwise authorized to 10 practice applied behavior analysis within the state pursuant to article 11 one hundred sixty-seven of this title or any individual who is creden- 12 tialed under any law, including attorneys, rape crisis counselors, 13 certified alcoholism counselors, and certified substance abuse counse- 14 lors from providing mental health services within their respective 15 established authorities. 16 § 6. Subdivision 1 of section 7706 of the education law, as amended by 17 chapter 554 of the laws of 2013, is amended to read as follows: 18 1. Apply to the practice, conduct, activities, services or use of any 19 title by any person licensed or otherwise authorized to practice medi- 20 cine within the state pursuant to article one hundred thirty-one of this 21 title or by any person registered to perform services as a physician 22 assistant within the state pursuant to article one hundred thirty-one-B 23 of this title or by any person licensed or otherwise authorized to prac- 24 tice psychology within this state pursuant to article one hundred 25 fifty-three of this title or by any person licensed or otherwise author- 26 ized to practice nursing as a registered professional nurse or nurse 27 practitioner within this state pursuant to article one hundred thirty- 28 nine of this title or by any person licensed or otherwise authorized to 29 practice occupational therapy within this state pursuant to article one 30 hundred fifty-six of this title or by any person licensed or otherwise 31 authorized to practice mental health counseling, marriage and family 32 therapy, creative arts therapy, or psychoanalysis within the state 33 pursuant to article one hundred sixty-three of this title, or by any 34 person licensed or otherwise authorized to practice music therapy within 35 the state pursuant to article one hundred sixty-three-A of this title, 36 or by any person licensed or otherwise authorized to practice applied 37 behavior analysis within the state pursuant to article one hundred 38 sixty-seven of this title; provided, however, that no physician, physi- 39 cian assistant, registered professional nurse, nurse practitioner, 40 psychologist, occupational therapist, licensed mental health counselor, 41 licensed marriage and family therapist, licensed creative arts thera- 42 pist, licensed psychoanalyst, licensed professional music therapist, 43 licensed clinical music therapist, licensed behavior analyst or certi- 44 fied behavior analyst assistant may use the titles "licensed clinical 45 social worker" or "licensed master social worker", unless licensed under 46 this article. 47 § 7. Subdivision 1 of section 8410 of the education law, as amended by 48 chapter 554 of the laws of 2013, is amended to read as follows: 49 1. Apply to the practice, conduct, activities, services or use of any 50 title by any person licensed or otherwise authorized to practice medi- 51 cine within the state pursuant to article one hundred thirty-one of this 52 title or by any person registered to perform services as a physician 53 assistant within the state pursuant to article one hundred thirty-one-B 54 of this title or by any person licensed or otherwise authorized to prac- 55 tice psychology within this state pursuant to article one hundred 56 fifty-three of this title or by any person licensed or otherwise author-S. 21--A 11 1 ized to practice social work within this state pursuant to article one 2 hundred fifty-four of this title, or by any person licensed or otherwise 3 authorized to practice nursing as a registered professional nurse or 4 nurse practitioner within this state pursuant to article one hundred 5 thirty-nine of this title or by any person licensed or otherwise author- 6 ized to practice applied behavior analysis within the state pursuant to 7 article one hundred sixty-seven of this title or by any person licensed 8 or otherwise authorized to practice music therapy within this state 9 pursuant to article one hundred sixty-three-A of this title; provided, 10 however, that no physician, physician's assistant, registered profes- 11 sional nurse, nurse practitioner, psychologist, licensed master social 12 worker, licensed clinical social worker, licensed behavior analyst [or], 13 certified behavior analyst assistant, licensed professional music thera- 14 pist, or licensed clinical music therapist may use the titles "licensed 15 mental health counselor", "licensed marriage and family therapist", 16 "licensed creative arts therapist", or "licensed psychoanalyst", unless 17 licensed under this article. 18 § 8. Subdivision (a) of section 1203 of the limited liability company 19 law, as amended by chapter 475 of the laws of 2014, is amended to read 20 as follows: 21 (a) Notwithstanding the education law or any other provision of law, 22 one or more professionals each of whom is authorized by law to render a 23 professional service within the state, or one or more professionals, at 24 least one of whom is authorized by law to render a professional service 25 within the state, may form, or cause to be formed, a professional 26 service limited liability company for pecuniary profit under this arti- 27 cle for the purpose of rendering the professional service or services as 28 such professionals are authorized to practice. With respect to a profes- 29 sional service limited liability company formed to provide medical 30 services as such services are defined in article 131 of the education 31 law, each member of such limited liability company must be licensed 32 pursuant to article 131 of the education law to practice medicine in 33 this state. With respect to a professional service limited liability 34 company formed to provide dental services as such services are defined 35 in article 133 of the education law, each member of such limited liabil- 36 ity company must be licensed pursuant to article 133 of the education 37 law to practice dentistry in this state. With respect to a professional 38 service limited liability company formed to provide veterinary services 39 as such services are defined in article 135 of the education law, each 40 member of such limited liability company must be licensed pursuant to 41 article 135 of the education law to practice veterinary medicine in this 42 state. With respect to a professional service limited liability company 43 formed to provide professional engineering, land surveying, architec- 44 tural, landscape architectural and/or geological services as such 45 services are defined in article 145, article 147 and article 148 of the 46 education law, each member of such limited liability company must be 47 licensed pursuant to article 145, article 147 and/or article 148 of the 48 education law to practice one or more of such professions in this state. 49 With respect to a professional service limited liability company formed 50 to provide licensed clinical social work services as such services are 51 defined in article 154 of the education law, each member of such limited 52 liability company shall be licensed pursuant to article 154 of the 53 education law to practice licensed clinical social work in this state. 54 With respect to a professional service limited liability company formed 55 to provide creative arts therapy services as such services are defined 56 in article 163 of the education law, each member of such limited liabil-S. 21--A 12 1 ity company must be licensed pursuant to article 163 of the education 2 law to practice creative arts therapy in this state. With respect to a 3 professional service limited liability company formed to provide 4 marriage and family therapy services as such services are defined in 5 article 163 of the education law, each member of such limited liability 6 company must be licensed pursuant to article 163 of the education law to 7 practice marriage and family therapy in this state. With respect to a 8 professional service limited liability company formed to provide mental 9 health counseling services as such services are defined in article 163 10 of the education law, each member of such limited liability company must 11 be licensed pursuant to article 163 of the education law to practice 12 mental health counseling in this state. With respect to a professional 13 service limited liability company formed to provide psychoanalysis 14 services as such services are defined in article 163 of the education 15 law, each member of such limited liability company must be licensed 16 pursuant to article 163 of the education law to practice psychoanalysis 17 in this state. With respect to a professional service limited liability 18 company formed to provide music therapy services as such services are 19 defined in article 163-A of the education law, each member of such 20 limited liability company must be licensed pursuant to article 163-A of 21 the education law to practice music therapy in this state. With respect 22 to a professional service limited liability company formed to provide 23 applied behavior analysis services as such services are defined in arti- 24 cle 167 of the education law, each member of such limited liability 25 company must be licensed or certified pursuant to article 167 of the 26 education law to practice applied behavior analysis in this state. In 27 addition to engaging in such profession or professions, a professional 28 service limited liability company may engage in any other business or 29 activities as to which a limited liability company may be formed under 30 section two hundred one of this chapter. Notwithstanding any other 31 provision of this section, a professional service limited liability 32 company (i) authorized to practice law may only engage in another 33 profession or business or activities or (ii) which is engaged in a 34 profession or other business or activities other than law may only 35 engage in the practice of law, to the extent not prohibited by any other 36 law of this state or any rule adopted by the appropriate appellate divi- 37 sion of the supreme court or the court of appeals. 38 § 9. Subdivision (b) of section 1207 of the limited liability company 39 law, as amended by chapter 475 of the laws of 2014, is amended to read 40 as follows: 41 (b) With respect to a professional service limited liability company 42 formed to provide medical services as such services are defined in arti- 43 cle 131 of the education law, each member of such limited liability 44 company must be licensed pursuant to article 131 of the education law to 45 practice medicine in this state. With respect to a professional service 46 limited liability company formed to provide dental services as such 47 services are defined in article 133 of the education law, each member of 48 such limited liability company must be licensed pursuant to article 133 49 of the education law to practice dentistry in this state. With respect 50 to a professional service limited liability company formed to provide 51 veterinary services as such services are defined in article 135 of the 52 education law, each member of such limited liability company must be 53 licensed pursuant to article 135 of the education law to practice veter- 54 inary medicine in this state. With respect to a professional service 55 limited liability company formed to provide professional engineering, 56 land surveying, architectural, landscape architectural and/or geologicalS. 21--A 13 1 services as such services are defined in article 145, article 147 and 2 article 148 of the education law, each member of such limited liability 3 company must be licensed pursuant to article 145, article 147 and/or 4 article 148 of the education law to practice one or more of such 5 professions in this state. With respect to a professional service limit- 6 ed liability company formed to provide licensed clinical social work 7 services as such services are defined in article 154 of the education 8 law, each member of such limited liability company shall be licensed 9 pursuant to article 154 of the education law to practice licensed clin- 10 ical social work in this state. With respect to a professional service 11 limited liability company formed to provide creative arts therapy 12 services as such services are defined in article 163 of the education 13 law, each member of such limited liability company must be licensed 14 pursuant to article 163 of the education law to practice creative arts 15 therapy in this state. With respect to a professional service limited 16 liability company formed to provide marriage and family therapy services 17 as such services are defined in article 163 of the education law, each 18 member of such limited liability company must be licensed pursuant to 19 article 163 of the education law to practice marriage and family therapy 20 in this state. With respect to a professional service limited liability 21 company formed to provide mental health counseling services as such 22 services are defined in article 163 of the education law, each member of 23 such limited liability company must be licensed pursuant to article 163 24 of the education law to practice mental health counseling in this state. 25 With respect to a professional service limited liability company formed 26 to provide psychoanalysis services as such services are defined in arti- 27 cle 163 of the education law, each member of such limited liability 28 company must be licensed pursuant to article 163 of the education law to 29 practice psychoanalysis in this state. With respect to a professional 30 service limited liability company formed to provide music therapy 31 services as such services are defined in article 163-A of the education 32 law, each member of such limited liability company must be licensed 33 pursuant to article 163-A of the education law to practice music therapy 34 in this state. With respect to a professional service limited liability 35 company formed to provide applied behavior analysis services as such 36 services are defined in article 167 of the education law, each member of 37 such limited liability company must be licensed or certified pursuant to 38 article 167 of the education law to practice applied behavior analysis 39 in this state. 40 § 10. Subdivision (a) of section 1301 of the limited liability company 41 law, as amended by chapter 475 of the laws of 2014, is amended to read 42 as follows: 43 (a) "Foreign professional service limited liability company" means a 44 professional service limited liability company, whether or not denomi- 45 nated as such, organized under the laws of a jurisdiction other than 46 this state, (i) each of whose members and managers, if any, is a profes- 47 sional authorized by law to render a professional service within this 48 state and who is or has been engaged in the practice of such profession 49 in such professional service limited liability company or a predecessor 50 entity, or will engage in the practice of such profession in the profes- 51 sional service limited liability company within thirty days of the date 52 such professional becomes a member, or each of whose members and manag- 53 ers, if any, is a professional at least one of such members is author- 54 ized by law to render a professional service within this state and who 55 is or has been engaged in the practice of such profession in such 56 professional service limited liability company or a predecessor entity,S. 21--A 14 1 or will engage in the practice of such profession in the professional 2 service limited liability company within thirty days of the date such 3 professional becomes a member, or (ii) authorized by, or holding a 4 license, certificate, registration or permit issued by the licensing 5 authority pursuant to, the education law to render a professional 6 service within this state; except that all members and managers, if any, 7 of a foreign professional service limited liability company that 8 provides health services in this state shall be licensed in this state. 9 With respect to a foreign professional service limited liability company 10 which provides veterinary services as such services are defined in arti- 11 cle 135 of the education law, each member of such foreign professional 12 service limited liability company shall be licensed pursuant to article 13 135 of the education law to practice veterinary medicine. With respect 14 to a foreign professional service limited liability company which 15 provides medical services as such services are defined in article 131 of 16 the education law, each member of such foreign professional service 17 limited liability company must be licensed pursuant to article 131 of 18 the education law to practice medicine in this state. With respect to a 19 foreign professional service limited liability company which provides 20 dental services as such services are defined in article 133 of the 21 education law, each member of such foreign professional service limited 22 liability company must be licensed pursuant to article 133 of the educa- 23 tion law to practice dentistry in this state. With respect to a foreign 24 professional service limited liability company which provides profes- 25 sional engineering, land surveying, geologic, architectural and/or land- 26 scape architectural services as such services are defined in article 27 145, article 147 and article 148 of the education law, each member of 28 such foreign professional service limited liability company must be 29 licensed pursuant to article 145, article 147 and/or article 148 of the 30 education law to practice one or more of such professions in this state. 31 With respect to a foreign professional service limited liability company 32 which provides licensed clinical social work services as such services 33 are defined in article 154 of the education law, each member of such 34 foreign professional service limited liability company shall be licensed 35 pursuant to article 154 of the education law to practice clinical social 36 work in this state. With respect to a foreign professional service 37 limited liability company which provides creative arts therapy services 38 as such services are defined in article 163 of the education law, each 39 member of such foreign professional service limited liability company 40 must be licensed pursuant to article 163 of the education law to prac- 41 tice creative arts therapy in this state. With respect to a foreign 42 professional service limited liability company which provides marriage 43 and family therapy services as such services are defined in article 163 44 of the education law, each member of such foreign professional service 45 limited liability company must be licensed pursuant to article 163 of 46 the education law to practice marriage and family therapy in this state. 47 With respect to a foreign professional service limited liability company 48 which provides mental health counseling services as such services are 49 defined in article 163 of the education law, each member of such foreign 50 professional service limited liability company must be licensed pursuant 51 to article 163 of the education law to practice mental health counseling 52 in this state. With respect to a foreign professional service limited 53 liability company which provides psychoanalysis services as such 54 services are defined in article 163 of the education law, each member of 55 such foreign professional service limited liability company must be 56 licensed pursuant to article 163 of the education law to practiceS. 21--A 15 1 psychoanalysis in this state. With respect to a foreign professional 2 service limited liability company which provides music therapy services 3 as such services are defined in article 163-A of the education law, each 4 member of such foreign professional service limited liability company 5 must be licensed pursuant to article 163-A of the education law to prac- 6 tice music therapy in this state. With respect to a foreign professional 7 service limited liability company which provides applied behavior analy- 8 sis services as such services are defined in article 167 of the educa- 9 tion law, each member of such foreign professional service limited 10 liability company must be licensed or certified pursuant to article 167 11 of the education law to practice applied behavior analysis in this 12 state. 13 § 11. Subdivision (q) of section 121-1500 of the partnership law, as 14 amended by chapter 475 of the laws of 2014, is amended to read as 15 follows: 16 (q) Each partner of a registered limited liability partnership formed 17 to provide medical services in this state must be licensed pursuant to 18 article 131 of the education law to practice medicine in this state and 19 each partner of a registered limited liability partnership formed to 20 provide dental services in this state must be licensed pursuant to arti- 21 cle 133 of the education law to practice dentistry in this state. Each 22 partner of a registered limited liability partnership formed to provide 23 veterinary services in this state must be licensed pursuant to article 24 135 of the education law to practice veterinary medicine in this state. 25 Each partner of a registered limited liability partnership formed to 26 provide professional engineering, land surveying, geological services, 27 architectural and/or landscape architectural services in this state must 28 be licensed pursuant to article 145, article 147 and/or article 148 of 29 the education law to practice one or more of such professions in this 30 state. Each partner of a registered limited liability partnership formed 31 to provide licensed clinical social work services in this state must be 32 licensed pursuant to article 154 of the education law to practice clin- 33 ical social work in this state. Each partner of a registered limited 34 liability partnership formed to provide creative arts therapy services 35 in this state must be licensed pursuant to article 163 of the education 36 law to practice creative arts therapy in this state. Each partner of a 37 registered limited liability partnership formed to provide marriage and 38 family therapy services in this state must be licensed pursuant to arti- 39 cle 163 of the education law to practice marriage and family therapy in 40 this state. Each partner of a registered limited liability partnership 41 formed to provide mental health counseling services in this state must 42 be licensed pursuant to article 163 of the education law to practice 43 mental health counseling in this state. Each partner of a registered 44 limited liability partnership formed to provide psychoanalysis services 45 in this state must be licensed pursuant to article 163 of the education 46 law to practice psychoanalysis in this state. Each partner of a regis- 47 tered limited liability partnership formed to provide music therapy 48 services in this state must be licensed pursuant to article 163-A of the 49 education law to practice music therapy in this state. Each partner of a 50 registered limited liability partnership formed to provide applied 51 behavior analysis service in this state must be licensed or certified 52 pursuant to article 167 of the education law to practice applied behav- 53 ior analysis in this state. 54 § 12. Subdivision (q) of section 121-1502 of the partnership law, as 55 amended by chapter 475 of the laws of 2014, is amended to read as 56 follows:S. 21--A 16 1 (q) Each partner of a foreign limited liability partnership which 2 provides medical services in this state must be licensed pursuant to 3 article 131 of the education law to practice medicine in the state and 4 each partner of a foreign limited liability partnership which provides 5 dental services in the state must be licensed pursuant to article 133 of 6 the education law to practice dentistry in this state. Each partner of a 7 foreign limited liability partnership which provides veterinary service 8 in the state shall be licensed pursuant to article 135 of the education 9 law to practice veterinary medicine in this state. Each partner of a 10 foreign limited liability partnership which provides professional engi- 11 neering, land surveying, geological services, architectural and/or land- 12 scape architectural services in this state must be licensed pursuant to 13 article 145, article 147 and/or article 148 of the education law to 14 practice one or more of such professions. Each partner of a foreign 15 limited liability partnership which provides licensed clinical social 16 work services in this state must be licensed pursuant to article 154 of 17 the education law to practice licensed clinical social work in this 18 state. Each partner of a foreign limited liability partnership which 19 provides creative arts therapy services in this state must be licensed 20 pursuant to article 163 of the education law to practice creative arts 21 therapy in this state. Each partner of a foreign limited liability part- 22 nership which provides marriage and family therapy services in this 23 state must be licensed pursuant to article 163 of the education law to 24 practice marriage and family therapy in this state. Each partner of a 25 foreign limited liability partnership which provides mental health coun- 26 seling services in this state must be licensed pursuant to article 163 27 of the education law to practice mental health counseling in this state. 28 Each partner of a foreign limited liability partnership which provides 29 psychoanalysis services in this state must be licensed pursuant to arti- 30 cle 163 of the education law to practice psychoanalysis in this state. 31 Each partner of a registered limited liability partnership formed to 32 provide music therapy services in this state must be licensed pursuant 33 to article 163-A of the education law to practice music therapy in this 34 state. Each partner of a foreign limited liability partnership which 35 provides applied behavior analysis services in this state must be 36 licensed or certified pursuant to article 167 of the education law to 37 practice applied behavior analysis in this state. 38 § 13. This act shall take effect twenty-four months after it shall 39 have become a law. Effective immediately the addition, amendment and/or 40 repeal of any rule or regulation necessary for the implementation of 41 this act on its effective date are authorized to be made and completed 42 on or before such date.
