S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1930

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            February 10, 2009
                               ___________

Introduced  by  Sens.  LAVALLE,  LARKIN, MORAHAN, PARKER, VOLKER -- read
  twice and ordered printed, and when printed to  be  committed  to  the
  Committee on Higher Education

AN ACT to amend the education law, the limited liability company law and
  the  partnership  law, in relation to the practice of naturopathy; and
  to amend the social services law, in  relation  to  the  reporting  of
  child abuse

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Legislative intent.  In order to protect the public health,
safety and welfare of the citizens who  desire  naturopathic  care,  the
legislature  finds it is necessary to regulate the practice of naturopa-
thy by providing licensure for qualified practitioners. It is the legis-
lature's intent that only practitioners who meet and maintain  standards
of  competence are recognized by the public as licensed naturopaths. The
legislature   recognizes   that,   unlike   other   currently   licensed
professions,  naturopathic  doctors  are formally educated in the use of
natural therapies, natural substances and pharmacological substances for
common health conditions and disease prevention.  Naturopaths serve  the
public as experts in drug/nutrient and drug/herb interactions.
  S  2.  The  education  law is amended by adding a new article 132-A to
read as follows:
                              ARTICLE 132-A
                               NATUROPATHS
SECTION 6575. INTRODUCTION.
        6576. DEFINITIONS.
        6577. DEFINITION OF THE PRACTICE OF NATUROPATHY.
        6578. TITLE AND DESIGNATION.
        6579. QUALIFICATIONS FOR LICENSURE.
        6580. STATE BOARD FOR NATUROPATHY.
        6581. EXEMPTIONS.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02881-02-9
              

S. 1930                             2

        6582. SPECIAL PROVISIONS.
        6583. PROHIBITIONS.
        6584. MANDATORY CONTINUING COMPETENCY.
  S  6575. INTRODUCTION. THIS ARTICLE APPLIES TO THE LICENSURE AND REGU-
LATION OF NATUROPATHIC DOCTORS TO PRACTICE NATUROPATHY  IN  THIS  STATE.
THE  GENERAL  PROVISIONS  FOR  ALL  PROFESSIONS CONTAINED IN ARTICLE ONE
HUNDRED THIRTY OF THIS TITLE APPLY TO THIS ARTICLE.
  S 6576. DEFINITIONS. FOR  THE  PURPOSES  OF  THIS  ARTICLE,  THE  TERM
"BOARD" MEANS THE STATE BOARD FOR NATUROPATHY.
  S  6577.  DEFINITION  OF THE PRACTICE OF NATUROPATHY.  THE PRACTICE OF
THE PROFESSION OF NATUROPATHY UTILIZES EDUCATION AND  NATURAL  THERAPIES
TO  SUPPORT  AND STIMULATE A PATIENT'S INTRINSIC SELF-HEALING PROCESS TO
PROMOTE WELLNESS AND TO PREVENT, DIAGNOSE, TREAT AND PRESCRIBE FOR HUMAN
HEALTH CONDITIONS CONSISTENT WITH  NATUROPATHIC  PRACTICE.  NATUROPATHIC
DOCTORS  SHALL HAVE THE AUTHORITY TO PRESCRIBE THE FOLLOWING SUBSTANCES:
NUTRIENTS AND NUTRITIONAL AGENTS; NATURAL HORMONES; AND ANTIBIOTICS.
  S 6578. TITLE AND DESIGNATION.   ONLY A  PERSON  LICENSED  UNDER  THIS
ARTICLE  MAY  USE  ANY  OR  ALL  OF THE FOLLOWING TERMS, CONSISTENT WITH
ACADEMIC DEGREES EARNED: "DOCTOR OF NATUROPATHY", "DOCTOR OF NATUROPATH-
IC MEDICINE" OR  ITS  ABBREVIATION,  "ND",  "NATUROPATH",  "NATUROPATHIC
DOCTOR"  OR  "LICENSED NATUROPATH".   HOWEVER, NONE OF SUCH TERMS OR ANY
COMBINATION OF SUCH TERMS SHALL BE SO USED TO CONVEY THE IDEA  THAT  THE
INDIVIDUAL WHO USES SUCH TERM PRACTICES ANYTHING OTHER THAN NATUROPATHY.
  S  6579.  QUALIFICATIONS  FOR  LICENSURE.  TO QUALIFY FOR A LICENSE TO
PRACTICE NATUROPATHY, AN APPLICANT SHALL FULFILL THE FOLLOWING  REQUIRE-
MENTS:
  1. APPLICATION. FILE AN APPLICATION WITH THE DEPARTMENT;
  2.  EDUCATION. HAVE RECEIVED A DOCTORAL DEGREE OR DIPLOMA AS A NATURO-
PATHIC DOCTOR (ND) OR  DOCTOR  OF  NATUROPATHIC  MEDICINE  (ND)  FROM  A
PROGRAM  OF NATUROPATHIC MEDICINE REGISTERED BY THE DEPARTMENT OR DETER-
MINED BY THE DEPARTMENT THAT MEETS NATIONALLY  RECOGNIZED  ACCREDITATION
STANDARDS  SATISFACTORY  TO THE BOARD AND DETERMINED TO BE SUBSTANTIALLY
EQUIVALENT AND IN ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS;
  3. EXPERIENCE. AS OF THE YEAR TWO THOUSAND FIFTEEN, HAVE SATISFACTORI-
LY COMPLETED AN APPROVED CLINICAL POST-GRADUATE RESIDENCY  TRAINING,  OF
NOT  LESS THAN TWELVE MONTHS DURATION, UNDER THE DIRECT SUPERVISION OF A
GRADUATE OF AN APPROVED PROGRAM WITH A MINIMUM OF TWO YEARS  OF  PROFES-
SIONAL CLINICAL ACTIVITY AND IN ACCORDANCE WITH THE COMMISSIONER'S REGU-
LATIONS;
  4.  EXAMINATION.  PASS AN EXAMINATION THAT MEETS NATIONALLY RECOGNIZED
TEST  DEVELOPMENT  STANDARDS  AND  TEST  COMPETENCIES  FOR  NATUROPATHIC
DOCTORS SATISFACTORY TO THE BOARD AND IN ACCORDANCE WITH THE COMMISSION-
ER'S REGULATIONS;
  5. AGE. BE AT LEAST TWENTY-ONE YEARS OF AGE;
  6.  CHARACTER. BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE DEPART-
MENT; AND
  7. FEES. PAY A FEE OF THREE HUNDRED FIFTY DOLLARS  TO  THE  DEPARTMENT
FOR AN INITIAL LICENSE AND A FEE OF FIVE HUNDRED DOLLARS FOR EACH TRIEN-
NIAL REGISTRATION PERIOD.
  S  6580.  STATE  BOARD  FOR NATUROPATHY. A STATE BOARD FOR NATUROPATHY
SHALL BE APPOINTED BY THE BOARD OF REGENTS ON THE RECOMMENDATION OF  THE
COMMISSIONER  FOR  THE PURPOSE OF ASSISTING THE BOARD OF REGENTS AND THE
DEPARTMENT ON MATTERS OF LICENSING AND REGULATION. THE  BOARD  SHALL  BE
COMPOSED  OF  AT LEAST SIX LICENSED MEMBERS FROM THE PROFESSION LICENSED
PURSUANT TO THIS ARTICLE AND AT LEAST TWO PUBLIC REPRESENTATIVES WHO  DO
NOT  HOLD INTERESTS IN THE ORGANIZATION, FINANCING, OR DELIVERY OF NATU-

S. 1930                             3

ROPATHIC SERVICES AND ONE LICENSED PHYSICIAN WHO IS EITHER A  DOCTOR  OF
MEDICINE  OR A DOCTOR OF OSTEOPATHY. MEMBERS OF THE FIRST BOARD NEED NOT
BE LICENSED PRIOR TO THEIR APPOINTMENT TO THE BOARD BUT SHALL  HAVE  MET
ALL  OTHER  REQUIREMENTS  OF  LICENSING UNDER SUBDIVISION TWO OF SECTION
SIXTY-FIVE HUNDRED SEVENTY-NINE OF THIS ARTICLE AND SHALL  HAVE  RESIDED
IN THE STATE OF NEW YORK FOR AT LEAST TWO YEARS PRECEDING THEIR APPOINT-
MENT  TO  THE  INITIAL  BOARD.  THE TERMS OF THE FIRST APPOINTED MEMBERS
SHALL BE STAGGERED SO THAT THREE ARE APPOINTED FOR  THREE  YEARS,  THREE
ARE APPOINTED FOR FOUR YEARS, AND THREE ARE APPOINTED FOR FIVE YEARS. AN
EXECUTIVE  SECRETARY  TO  THE  BOARD  SHALL BE APPOINTED BY THE BOARD OF
REGENTS ON RECOMMENDATION OF THE COMMISSIONER.
  S 6581.  EXEMPTIONS.  NOTHING  CONTAINED  IN  THIS  ARTICLE  SHALL  BE
CONSTRUED TO AFFECT OR PREVENT THE FOLLOWING:
  1.  A  LICENSED  PHYSICIAN  FROM  PRACTICING  HIS OR HER PROFESSION AS
DEFINED  UNDER  ARTICLES  ONE  HUNDRED  THIRTY-ONE   AND   ONE   HUNDRED
THIRTY-ONE-B  OF THIS TITLE; A REGISTERED PROFESSIONAL NURSE OR A CERTI-
FIED NURSE PRACTITIONER PRACTICING HIS  OR  HER  PROFESSION  AS  DEFINED
UNDER  ARTICLE  ONE  HUNDRED  THIRTY-NINE  OF  THIS  TITLE; OR QUALIFIED
MEMBERS OF OTHER PROFESSIONS LICENSED UNDER THIS TITLE  FROM  PERFORMING
THE PRACTICE OF THEIR PROFESSIONS, EXCEPT THAT SUCH PERSONS MAY NOT HOLD
THEMSELVES OUT UNDER THE TITLE NATUROPATH OR  AS PERFORMING NATUROPATHY;
  2.  A  STUDENT,  INTERN  OR  RESIDENT IN, AND AS PART OF, A SUPERVISED
EDUCATIONAL PROGRAM IN AN INSTITUTION APPROVED BY THE DEPARTMENT;
  3. THE USE BY NON-NATUROPATHIC DOCTORS, OF THERAPIES USED  BY  NATURO-
PATHIC  DOCTORS,  INCLUDING,  BUT  NOT  LIMITED TO HOMEOPATHIC REMEDIES,
NUTRITIONAL AND DIETARY SUPPLEMENTS, HERBS, AND  SUCH  FORCES  AS  HEAT,
COLD, WATER, TOUCH AND LIGHT.
  S  6582.  SPECIAL  PROVISIONS.   THE COMMISSIONER MAY ADOPT SUCH REGU-
LATIONS AS APPROPRIATE TO LICENSE INDIVIDUALS WHO MEET THE  REQUIREMENTS
FOR  LICENSE  ESTABLISHED  IN  THIS ARTICLE, EXCEPT FOR EXAMINATION AND,
WHOSE STANDARDS ARE ACCEPTABLE TO THE COMMISSIONER. THE APPLICANT  SHALL
SUBMIT  WITHIN  ONE  HUNDRED  EIGHTY  DAYS OF THE EFFECTIVE DATE OF THIS
SECTION EVIDENCE SATISFACTORY TO THE DEPARTMENT OF HAVING GRADUATED FROM
AN APPROVED PROGRAM PRIOR TO NINETEEN HUNDRED EIGHTY-SEVEN.
  S 6583. PROHIBITIONS. A NATUROPATH LICENSED UNDER THIS  ARTICLE  SHALL
NOT  ENGAGE  IN  THE  FOLLOWING  ACTIVITIES  OR  SERVICES WHICH SHALL BE
DEFINED  AS  PROFESSIONAL  MISCONDUCT  PURSUANT  TO  SECTION  SIXTY-FIVE
HUNDRED NINE OF THIS TITLE:
  1. PERFORM GENERAL SURGERY;
  2.  PRACTICE  OR  CLAIM  TO  PRACTICE  AS A MEDICAL DOCTOR, OSTEOPATH,
DENTIST,  PODIATRIST,  OPTOMETRIST,  PSYCHOLOGIST,   ADVANCED   PRACTICE
PROFESSIONAL  NURSE,  PHYSICIAN ASSISTANT, CHIROPRACTOR, PHYSICAL THERA-
PIST, ACUPUNCTURIST, MENTAL HEALTH THERAPIST OR ANY  OTHER  HEALTH  CARE
PROFESSIONAL NOT AUTHORIZED IN THIS CHAPTER;
  3. USE GENERAL OR SPINAL ANESTHETICS;
  4.   ADMINISTER   IONIZING   RADIOACTIVE  SUBSTANCES  FOR  THERAPEUTIC
PURPOSES;
  5. USE ELECTRICAL SHOCK THERAPY;
  6. USE ELECTROMYOGRAPHY (EMG);
  7. PRACTICE PSYCHOTHERAPY; OR
  8. SET FRACTURES.
  S 6584. MANDATORY CONTINUING COMPETENCY. 1. A. EACH  LICENSED  NATURO-
PATH  REQUIRED  UNDER  THIS  ARTICLE  TO  REGISTER  TRIENNIALLY WITH THE
DEPARTMENT TO PRACTICE IN THE STATE SHALL COMPLY WITH THE PROVISIONS  OF
THE  MANDATORY CONTINUING COMPETENCY REQUIREMENTS PRESCRIBED IN SUBDIVI-
SION TWO OF THIS SECTION, EXCEPT AS PROVIDED IN PARAGRAPHS B  AND  C  OF

S. 1930                             4

THIS  SUBDIVISION. LICENSED NATUROPATHS WHO DO NOT SATISFY THE MANDATORY
CONTINUING COMPETENCY REQUIREMENTS SHALL NOT BE AUTHORIZED  TO  PRACTICE
UNTIL  THEY  HAVE  MET  SUCH  REQUIREMENTS,  AND THEY HAVE BEEN ISSUED A
REGISTRATION CERTIFICATE, EXCEPT THAT A LICENSED NATUROPATH MAY PRACTICE
WITHOUT  HAVING  MET  SUCH  REQUIREMENTS IF HE OR SHE IS ISSUED A CONDI-
TIONAL REGISTRATION PURSUANT TO SUBDIVISION THREE OF THIS SECTION.
  B. ADJUSTMENT TO THE MANDATORY CONTINUING COMPETENCY REQUIREMENTS  MAY
BE GRANTED BY THE DEPARTMENT FOR REASONS OF HEALTH OF THE LICENSEE WHERE
CERTIFIED  BY  AN  APPROPRIATE  HEALTH  CARE  PROFESSIONAL, FOR EXTENDED
ACTIVE DUTY WITH THE ARMED FORCES OF THE UNITED  STATES,  OR  FOR  OTHER
GOOD CAUSE ACCEPTABLE TO THE DEPARTMENT WHICH MAY PREVENT COMPLIANCE.
  C. A LICENSED NATUROPATH NOT ENGAGED IN PRACTICE, AS DETERMINED BY THE
DEPARTMENT,  SHALL  BE  EXEMPT  FROM THE MANDATORY CONTINUING COMPETENCY
REQUIREMENT UPON THE FILING OF A STATEMENT WITH THE DEPARTMENT DECLARING
SUCH STATUS. ANY LICENSEE WHO RETURNS TO THE PRACTICE OF LICENSED  NATU-
ROPATH DURING THE TRIENNIAL REGISTRATION PERIOD SHALL NOTIFY THE DEPART-
MENT  PRIOR  TO  REENTERING THE PROFESSION AND SHALL MEET SUCH MANDATORY
CONTINUING COMPETENCY REQUIREMENTS AS SHALL BE PRESCRIBED BY REGULATIONS
OF THE COMMISSIONER.
  2. A. DURING EACH  TRIENNIAL  REGISTRATION  PERIOD  AN  APPLICANT  FOR
REGISTRATION  AS A LICENSED NATUROPATH SHALL COMPLETE A MINIMUM OF THIR-
TY-SIX HOURS OF  LEARNING  ACTIVITIES  WHICH  CONTRIBUTE  TO  CONTINUING
COMPETENCE,  AS  SPECIFIED IN SUBDIVISION FOUR OF THIS SECTION, PROVIDED
FURTHER THAT AT LEAST TWENTY-FOUR HOURS  SHALL  BE  IN  AREAS  OF  STUDY
PERTINENT  TO  THE SCOPE OF PRACTICE OF NATUROPATHY.  WITH THE EXCEPTION
OF CONTINUING EDUCATION HOURS TAKEN DURING THE REGISTRATION PERIOD IMME-
DIATELY PRECEDING THE EFFECTIVE DATE OF THIS SECTION, CONTINUING  EDUCA-
TION HOURS TAKEN DURING ONE TRIENNIUM MAY NOT BE TRANSFERRED TO A SUBSE-
QUENT TRIENNIUM.
  B. ANY LICENSED NATUROPATH WHOSE FIRST REGISTRATION DATE FOLLOWING THE
EFFECTIVE  DATE  OF  THIS SECTION OCCURS LESS THAN THREE YEARS FROM SUCH
EFFECTIVE DATE, SHALL COMPLETE CONTINUING COMPETENCY HOURS ON A PRORATED
BASIS AT THE RATE OF ONE-HALF HOUR PER MONTH FOR  THE  PERIOD  BEGINNING
JANUARY FIRST, TWO THOUSAND TEN, UP TO THE FIRST REGISTRATION DATE.
  C. THEREAFTER, A LICENSEE WHO HAS NOT SATISFIED THE MANDATORY CONTINU-
ING COMPETENCY REQUIREMENTS SHALL NOT BE ISSUED A TRIENNIAL REGISTRATION
CERTIFICATE  BY THE DEPARTMENT AND SHALL NOT PRACTICE UNLESS AND UNTIL A
CONDITIONAL REGISTRATION CERTIFICATE IS ISSUED AS PROVIDED FOR IN SUBDI-
VISION THREE OF THIS SECTION.
  3. THE DEPARTMENT, IN ITS DISCRETION, MAY ISSUE A  CONDITIONAL  REGIS-
TRATION  TO  A  LICENSEE  WHO  FAILS  TO  MEET THE CONTINUING COMPETENCY
REQUIREMENTS ESTABLISHED IN SUBDIVISION TWO OF  THIS  SECTION,  BUT  WHO
AGREES  TO MAKE UP ANY DEFICIENCIES AND COMPLETE ANY ADDITIONAL LEARNING
ACTIVITIES WHICH THE DEPARTMENT MAY REQUIRE.
  THE FEE FOR SUCH A CONDITIONAL REGISTRATION SHALL BE THE SAME AS,  AND
IN  ADDITION TO, THE FEE FOR THE TRIENNIAL REGISTRATION. THE DURATION OF
SUCH CONDITIONAL REGISTRATION SHALL BE DETERMINED BY THE DEPARTMENT  BUT
SHALL NOT EXCEED ONE YEAR. ANY LICENSEE WHO IS NOTIFIED OF THE DENIAL OF
REGISTRATION FOR FAILURE TO SUBMIT EVIDENCE, SATISFACTORY TO THE DEPART-
MENT,  OF  REQUIRED  CONTINUING  COMPETENCY  LEARNING ACTIVITIES AND WHO
PRACTICES WITHOUT SUCH REGISTRATION, SHALL BE  SUBJECT  TO  DISCIPLINARY
PROCEEDINGS PURSUANT TO SECTION SIXTY-FIVE HUNDRED TEN OF THIS TITLE.
  4.  AS  USED  IN SUBDIVISION TWO OF THIS SECTION, "ACCEPTABLE LEARNING
ACTIVITIES" SHALL MEAN ACTIVITIES WHICH CONTRIBUTE TO PROFESSIONAL PRAC-
TICE IN NATUROPATHIC MEDICINE, AND WHICH MEET THE  STANDARDS  PRESCRIBED
IN  THE  REGULATIONS OF THE COMMISSIONER. SUCH LEARNING ACTIVITIES SHALL

S. 1930                             5

INCLUDE, BUT NOT BE LIMITED TO, COLLEGIATE LEVEL CREDIT  AND  NON-CREDIT
COURSES,  SELF-STUDY  ACTIVITIES,  INDEPENDENT  STUDY,  FORMAL MENTORING
ACTIVITIES, PUBLICATIONS IN PROFESSIONAL JOURNALS, PROFESSIONAL DEVELOP-
MENT  PROGRAMS  AND  TECHNICAL SESSIONS; SUCH LEARNING ACTIVITIES MAY BE
OFFERED AND SPONSORED BY NATIONAL, STATE AND LOCAL PROFESSIONAL  ASSOCI-
ATIONS  AND OTHER ORGANIZATIONS OR PARTIES ACCEPTABLE TO THE DEPARTMENT,
AND ANY OTHER ORGANIZED EDUCATIONAL AND  TECHNICAL  LEARNING  ACTIVITIES
ACCEPTABLE  TO THE DEPARTMENT. THE DEPARTMENT MAY, IN ITS DISCRETION AND
AS NEEDED TO CONTRIBUTE TO THE HEALTH AND WELFARE OF THE PUBLIC, REQUIRE
THE COMPLETION OF CONTINUING COMPETENCY LEARNING ACTIVITIES IN  SPECIFIC
SUBJECTS  TO  FULFILL  THIS MANDATORY CONTINUING COMPETENCY REQUIREMENT.
LEARNING ACTIVITIES MUST BE TAKEN FROM A SPONSOR APPROVED BY THE DEPART-
MENT, PURSUANT TO THE  REGULATIONS OF THE COMMISSIONER.
  5. LICENSED  NATUROPATHS  SHALL  MAINTAIN  ADEQUATE  DOCUMENTATION  OF
COMPLETION OF:
  A. A LEARNING PLAN THAT SHALL RECORD CURRENT AND ANTICIPATED ROLES AND
RESPONSIBILITIES  BUT  SHALL  NOT  REQUIRE THE RECORDS OF PEER REVIEW OR
SELF-ASSESSMENT OF COMPETENCIES; AND
  B. ACCEPTABLE CONTINUING  COMPETENCY  LEARNING  ACTIVITIES  AND  SHALL
PROVIDE SUCH DOCUMENTATION AT THE REQUEST OF THE DEPARTMENT.
  6.  THE MANDATORY CONTINUING COMPETENCY FEE SHALL BE FIFTY DOLLARS FOR
LICENSED NATUROPATHS, SHALL BE PAYABLE ON OR BEFORE  THE  FIRST  DAY  OF
EACH TRIENNIAL REGISTRATION PERIOD, AND SHALL BE PAID IN ADDITION TO THE
TRIENNIAL REGISTRATION FEE REQUIRED BY SECTION SIXTY-FIVE HUNDRED SEVEN-
TY-NINE OF THIS ARTICLE.
  S  3. Subdivision (a) of section 1203 of the limited liability company
law, as separately amended by chapters 420 and 676 of the laws of  2002,
is amended to read as follows:
  (a)  Notwithstanding  the education law or any other provision of law,
one or more professionals each of whom is authorized by law to render  a
professional  service within the state, or one or more professionals, at
least one of whom is authorized by law to render a professional  service
within  the  state,  may  form,  or  cause  to be formed, a professional
service limited liability company for pecuniary profit under this  arti-
cle for the purpose of rendering the professional service or services as
such professionals are authorized to practice. With respect to a profes-
sional  service  limited  liability  company  formed  to provide medical
services as such services are defined in article 131  of  the  education
law,  each  member  of  such  limited liability company must be licensed
pursuant to article 131 of the education law  to  practice  medicine  in
this  state.  With  respect  to a professional service limited liability
company formed to provide dental services as such services  are  defined
in article 133 of the education law, each member of such limited liabil-
ity  company  must  be licensed pursuant to article 133 of the education
law to practice dentistry in this state. With respect to a  professional
service  limited liability company formed to provide veterinary services
as such services are defined in article 135 of the education  law,  each
member  of  such  limited liability company must be licensed pursuant to
article 135 of the education law to practice veterinary medicine in this
state. With respect to a professional service limited liability  company
formed  to  provide  professional engineering, land surveying, architec-
tural and/or landscape  architectural  services  as  such  services  are
defined  in  article  145,  article 147 and article 148 of the education
law, each member of such limited  liability  company  must  be  licensed
pursuant to article 145, article 147 and/or article 148 of the education
law  to  practice  one  or  more of such professions in this state. With

S. 1930                             6

respect to a professional service limited liability  company  formed  to
provide  licensed  clinical  social  work  services as such services are
defined in article 154 of the education law, each member of such limited
liability  company  shall  be  licensed  pursuant  to article 154 of the
education law to practice licensed clinical social work in  this  state.
With  respect to a professional service limited liability company formed
to provide creative arts therapy services as such services  are  defined
in article 163 of the education law, each member of such limited liabil-
ity  company  must  be licensed pursuant to article 163 of the education
law to practice creative arts therapy in this state. With respect  to  a
professional   service  limited  liability  company  formed  to  provide
marriage and family therapy services as such  services  are  defined  in
article  163 of the education law, each member of such limited liability
company must be licensed pursuant to article 163 of the education law to
practice marriage and family therapy in this state. With  respect  to  a
professional  service limited liability company formed to provide mental
health counseling services as such services are defined in  article  163
of the education law, each member of such limited liability company must
be  licensed  pursuant  to  article 163 of the education law to practice
mental health counseling in this state. With respect to  a  professional
service  limited  liability  company  formed  to  provide psychoanalysis
services as such services are defined in article 163  of  the  education
law,  each  member  of  such  limited liability company must be licensed
pursuant to article 163 of the education law to practice  psychoanalysis
in this state.  WITH RESPECT TO A PROFESSIONAL SERVICE LIMITED LIABILITY
COMPANY  FORMED  TO  PROVIDE  NATUROPATHIC SERVICES AS SUCH SERVICES ARE
DEFINED IN ARTICLE 132-A OF THE  EDUCATION  LAW,  EACH  MEMBER  OF  SUCH
LIMITED  LIABILITY COMPANY MUST BE LICENSED PURSUANT TO ARTICLE 132-A OF
THE EDUCATION LAW TO PRACTICE NATUROPATHY IN THIS STATE. In addition  to
engaging  in  such  profession  or  professions,  a professional service
limited liability company may engage in any other business or activities
as to which a limited liability company may be formed under section  two
hundred  one  of  this chapter.   Notwithstanding any other provision of
this section, a  professional  service  limited  liability  company  (i)
authorized  to  practice  law  may  only engage in another profession or
business or activities or (ii) which is engaged in a profession or other
business or activities other than law may only engage in the practice of
law, to the extent not prohibited by any other law of this state or  any
rule  adopted by the appropriate appellate division of the supreme court
or the court of appeals.
  S 4. Subdivision (b) of section 1207 of the limited liability  company
law,  as separately amended by chapters 420 and 676 of the laws of 2002,
is amended to read as follows:
  (b) with respect to a professional service limited  liability  company
formed to provide medical services as such services are defined in arti-
cle  131  of  the  education  law, each member of such limited liability
company must be licensed pursuant to article 131 of the education law to
practice medicine in this state. With respect to a professional  service
limited  liability  company  formed  to  provide dental services as such
services are defined in article 133 of the education law, each member of
such limited liability company must be licensed pursuant to article  133
of  the  education law to practice dentistry in this state. With respect
to a professional service limited liability company  formed  to  provide
veterinary  services  as such services are defined in article 135 of the
education law, each member of such limited  liability  company  must  be
licensed pursuant to article 135 of the education law to practice veter-

S. 1930                             7

inary  medicine  in  this  state. With respect to a professional service
limited liability company formed to  provide  professional  engineering,
land surveying, architectural and/or landscape architectural services as
such services are defined in article 145, article 147 and article 148 of
the education law, each member of such limited liability company must be
licensed  pursuant to article 145, article 147 and/or article 148 of the
education law to practice one or more of such professions in this state.
With respect to a professional service limited liability company  formed
to  provide  licensed clinical social work services as such services are
defined in article 154 of the education law, each member of such limited
liability company shall be licensed  pursuant  to  article  154  of  the
education  law  to practice licensed clinical social work in this state.
With respect to a professional service limited liability company  formed
to  provide  creative arts therapy services as such services are defined
in article 163 of the education law, each member of such limited liabil-
ity company must be licensed pursuant to article 163  of  the  education
law  to  practice creative arts therapy in this state. With respect to a
professional  service  limited  liability  company  formed  to   provide
marriage  and  family  therapy  services as such services are defined in
article 163 of the education law, each member of such limited  liability
company must be licensed pursuant to article 163 of the education law to
practice  marriage  and  family therapy in this state. With respect to a
professional service limited liability company formed to provide  mental
health  counseling  services as such services are defined in article 163
of the education law, each member of such limited liability company must
be licensed pursuant to article 163 of the  education  law  to  practice
mental  health  counseling in this state. With respect to a professional
service limited  liability  company  formed  to  provide  psychoanalysis
services  as  such  services are defined in article 163 of the education
law, each member of such limited  liability  company  must  be  licensed
pursuant  to article 163 of the education law to practice psychoanalysis
in this state.  WITH RESPECT TO A PROFESSIONAL SERVICE LIMITED LIABILITY
COMPANY FORMED TO PROVIDE NATUROPATHIC SERVICES  AS  SUCH  SERVICES  ARE
DEFINED  IN  ARTICLE  132-A  OF  THE  EDUCATION LAW, EACH MEMBER OF SUCH
LIMITED LIABILITY COMPANY MUST BE LICENSED PURSUANT TO ARTICLE 132-A  OF
THE EDUCATION LAW TO PRACTICE NATUROPATHY IN THIS STATE.
  S  5. Subdivision (a) of section 1301 of the limited liability company
law, as separately amended by chapters 420 and 676 of the laws of  2002,
is amended to read as follows:
  (a)  "Foreign  professional service limited liability company" means a
professional service limited liability company, whether or  not  denomi-
nated  as  such,  organized  under the laws of a jurisdiction other than
this state, (i) each of whose members and managers, if any, is a profes-
sional authorized by law to render a professional  service  within  this
state  and who is or has been engaged in the practice of such profession
in such professional service limited liability company or a  predecessor
entity, or will engage in the practice of such profession in the profes-
sional  service limited liability company within thirty days of the date
such professional becomes a member, or each of whose members and  manag-
ers,  if  any, is a professional at least one of such members is author-
ized by law to render a professional service within this state  and  who
is  or  has  been  engaged  in  the  practice of such profession in such
professional service limited liability company or a predecessor  entity,
or  will  engage  in the practice of such profession in the professional
service limited liability company within thirty days of  the  date  such
professional  becomes  a  member,  or  (ii)  authorized by, or holding a

S. 1930                             8

license, certificate, registration or permit  issued  by  the  licensing
authority  pursuant  to,  the  education  law  to  render a professional
service within this state; except that all members and managers, if any,
of  a  foreign  professional  service  limited  liability  company  that
provides health services in this state shall be licensed in this  state.
With respect to a foreign professional service limited liability company
which provides veterinary services as such services are defined in arti-
cle  135  of the education law, each member of such foreign professional
service limited liability company shall be licensed pursuant to  article
135  of  the education law to practice veterinary medicine. With respect
to a  foreign  professional  service  limited  liability  company  which
provides medical services as such services are defined in article 131 of
the  education  law,  each  member  of such foreign professional service
limited liability company must be licensed pursuant to  article  131  of
the education law to practice medicine in this state.  With respect to a
foreign  professional  service  limited liability company which provides
dental services as such services are  defined  in  article  133  of  the
education  law, each member of such foreign professional service limited
liability company must be licensed pursuant to article 133 of the educa-
tion law to practice dentistry in this state. With respect to a  foreign
professional  service  limited  liability company which provides profes-
sional  engineering,  land  surveying,  architectural  and/or  landscape
architectural  services  as  such  services  are defined in article 145,
article 147 and article 148 of the education law, each  member  of  such
foreign  professional service limited liability company must be licensed
pursuant to article 145, article 147 and/or article 148 of the education
law to practice one or more of such  professions  in  this  state.  With
respect  to  a  foreign  professional  service limited liability company
which provides licensed clinical social work services as  such  services
are  defined  in  article  154 of the education law, each member of such
foreign professional service limited liability company shall be licensed
pursuant to article 154 of the education law to practice clinical social
work in this state. With  respect  to  a  foreign  professional  service
limited  liability company which provides creative arts therapy services
as such services are defined in article 163 of the education  law,  each
member  of  such  foreign professional service limited liability company
must be licensed pursuant to article 163 of the education law  to  prac-
tice  creative  arts  therapy  in  this state. With respect to a foreign
professional service limited liability company which  provides  marriage
and  family therapy services as such services are defined in article 163
of the education law, each member of such foreign  professional  service
limited  liability  company  must be licensed pursuant to article 163 of
the education law to practice marriage and family therapy in this state.
With respect to a foreign professional service limited liability company
which provides mental health counseling services as  such  services  are
defined in article 163 of the education law, each member of such foreign
professional service limited liability company must be licensed pursuant
to article 163 of the education law to practice mental health counseling
in  this  state.  With respect to a foreign professional service limited
liability  company  which  provides  psychoanalysis  services  as   such
services are defined in article 163 of the education law, each member of
such  foreign  professional  service  limited  liability company must be
licensed pursuant to article  163  of  the  education  law  to  practice
psychoanalysis  in  this state.   WITH RESPECT TO A FOREIGN PROFESSIONAL
SERVICE  LIMITED  LIABILITY  COMPANY  FORMED  TO  PROVIDE   NATUROPATHIC
SERVICES  AS SUCH SERVICES ARE DEFINED IN ARTICLE 132-A OF THE EDUCATION

S. 1930                             9

LAW, EACH MEMBER OF SUCH LIMITED  LIABILITY  COMPANY  MUST  BE  LICENSED
PURSUANT  TO  ARTICLE 132-A OF THE EDUCATION LAW TO PRACTICE NATUROPATHY
IN THIS STATE.
  S  6.  Subdivision  (q) of section 121-1500 of the partnership law, as
separately amended by chapters 420 and 676  of  the  laws  of  2002,  is
amended to read as follows:
  (q)  Each partner of a registered limited liability partnership formed
to provide medical services in this state must be licensed  pursuant  to
article  131 of the education law to practice medicine in this state and
each partner of a registered limited  liability  partnership  formed  to
provide dental services in this state must be licensed pursuant to arti-
cle  133 of the education law to practice dentistry in this state.  Each
partner of a registered limited liability partnership formed to  provide
veterinary  services  in this state must be licensed pursuant to article
135 of the education law to practice veterinary medicine in this  state.
Each  partner  of  a  registered limited liability partnership formed to
provide professional engineering, land surveying,  architectural  and/or
landscape architectural services in this state must be licensed pursuant
to  article  145, article 147 and/or article 148 of the education law to
practice one or more of such professions in this state. Each partner  of
a  registered  limited  liability partnership formed to provide licensed
clinical social work services in this state must be licensed pursuant to
article 154 of the education law to practice  clinical  social  work  in
this  state.  Each partner of a registered limited liability partnership
formed to provide creative arts therapy services in this state  must  be
licensed  pursuant to article 163 of the education law to practice crea-
tive arts therapy in this state. Each partner of  a  registered  limited
liability  partnership  formed  to  provide  marriage and family therapy
services in this state must be licensed pursuant to article 163  of  the
education  law  to  practice  marriage and family therapy in this state.
Each partner of a registered limited  liability  partnership  formed  to
provide mental health counseling services in this state must be licensed
pursuant  to  article 163 of the education law to practice mental health
counseling in this state. Each partner of a registered limited liability
partnership formed to provide psychoanalysis services in this state must
be licensed pursuant to article 163 of the  education  law  to  practice
psychoanalysis  in  this  state.  EACH  PARTNER  OF A REGISTERED LIMITED
LIABILITY PARTNERSHIP FORMED TO PROVIDE NATUROPATHIC  SERVICES  IN  THIS
STATE MUST BE LICENSED PURSUANT TO ARTICLE 132-A OF THE EDUCATION LAW TO
PRACTICE NATUROPATHY IN THIS STATE.
  S  7.  Subdivision  (q) of section 121-1502 of the partnership law, as
amended by chapter 230 of the laws  of  2004,  is  amended  to  read  as
follows:
  (q)  Each  partner  of  a  foreign limited liability partnership which
provides medical services in this state must  be  licensed  pursuant  to
article  131  of the education law to practice medicine in the state and
each partner of a foreign limited liability partnership  which  provides
dental services in the state must be licensed pursuant to article 133 of
the education law to practice dentistry in this state. Each partner of a
foreign  limited liability partnership which provides veterinary service
in the state shall be licensed pursuant to article 135 of the  education
law  to  practice  veterinary  medicine in this state. Each partner of a
foreign limited liability partnership which provides professional  engi-
neering,  land  surveying,  architectural and/or landscape architectural
services in this state must be licensed pursuant to article 145, article
147 and/or article 148 of the education law to practice one or  more  of

S. 1930                            10

such  professions.  Each partner of a foreign limited liability partner-
ship which provides licensed clinical social work services in this state
must be licensed pursuant to article 154 of the education law  to  prac-
tice  licensed  clinical  social  work  in this state. Each partner of a
foreign limited liability partnership which provides creative arts ther-
apy services in this state must be licensed pursuant to article  163  of
the  education law to practice creative arts therapy in this state. Each
partner of  a  foreign  limited  liability  partnership  which  provides
marriage  and  family  therapy  services  in this state must be licensed
pursuant to article 163 of the education law to  practice  marriage  and
family  therapy in this state. Each partner of a foreign limited liabil-
ity partnership which provides mental health counseling services in this
state must be licensed pursuant to article 163 of the education  law  to
practice  mental  health  counseling  in  this  state. Each partner of a
foreign limited  liability  partnership  which  provides  psychoanalysis
services  in  this state must be licensed pursuant to article 163 of the
education law to practice psychoanalysis in this state. EACH PARTNER  OF
A  FOREIGN  LIMITED  LIABILITY  PARTNERSHIP  WHICH PROVIDES NATUROPATHIC
SERVICES IN THIS STATE MUST BE LICENSED PURSUANT TO ARTICLE 132-A OF THE
EDUCATION LAW TO PRACTICE NATUROPATHY IN THIS STATE.
  S 8. Paragraph (a) of subdivision 1  of  section  413  of  the  social
services  law, as amended by chapter 366 of the laws of 2008, is amended
to read as follows:
  (a) The following persons and officials  are  required  to  report  or
cause  a  report to be made in accordance with this title when they have
reasonable cause to suspect that a child coming  before  them  in  their
professional  or  official capacity is an abused or maltreated child, or
when they have reasonable cause to suspect that a child is an abused  or
maltreated  child  where the parent, guardian, custodian or other person
legally responsible for such child comes before them  in  their  profes-
sional  or  official  capacity and states from personal knowledge facts,
conditions or circumstances which, if correct, would render the child an
abused or maltreated child: any physician; registered physician  assist-
ant;  surgeon;  medical  examiner;  coroner;  dentist; dental hygienist;
osteopath; optometrist; chiropractor;  podiatrist;  LICENSED  NATUROPATH
resident;  intern;  psychologist; registered nurse; social worker; emer-
gency medical technician; licensed  creative  arts  therapist;  licensed
marriage   and  family  therapist;  licensed  mental  health  counselor;
licensed psychoanalyst; hospital personnel  engaged  in  the  admission,
examination,  care  or treatment of persons; a Christian Science practi-
tioner; school official, which includes but is  not  limited  to  school
teacher,  school  guidance counselor, school psychologist, school social
worker, school nurse, school administrator  or  other  school  personnel
required  to  hold  a teaching or administrative license or certificate;
social services worker; day care center worker; provider  of  family  or
group  family  day  care;  employee  or  volunteer in a residential care
facility defined in subdivision seven of section four hundred twelve  of
this  title or any other child care or foster care worker; mental health
professional;  substance  abuse  counselor;  alcoholism  counselor;  all
persons  credentialed  by  the  office of alcoholism and substance abuse
services; peace officer; police officer; district attorney or  assistant
district  attorney;  investigator  employed  in the office of a district
attorney; or other law enforcement official.
  S 9. Paragraph (a) of subdivision 1  of  section  413  of  the  social
services  law, as separately amended by chapters 323 and 366 of the laws
of 2008, is amended to read as follows:

S. 1930                            11

  (a) The following persons and officials  are  required  to  report  or
cause  a  report to be made in accordance with this title when they have
reasonable cause to suspect that a child coming  before  them  in  their
professional  or  official capacity is an abused or maltreated child, or
when  they have reasonable cause to suspect that a child is an abused or
maltreated child where the parent, guardian, custodian or  other  person
legally  responsible  for  such child comes before them in their profes-
sional or official capacity and states from  personal  knowledge  facts,
conditions or circumstances which, if correct, would render the child an
abused  or maltreated child: any physician; registered physician assist-
ant; surgeon; medical  examiner;  coroner;  dentist;  dental  hygienist;
osteopath;  optometrist;  chiropractor; podiatrist; LICENSED NATUROPATH;
resident; intern; psychologist; registered nurse; social  worker;  emer-
gency  medical  technician;  licensed  creative arts therapist; licensed
marriage  and  family  therapist;  licensed  mental  health   counselor;
licensed  psychoanalyst;  hospital  personnel  engaged in the admission,
examination, care or treatment of persons; a Christian  Science  practi-
tioner;  school  official,  which  includes but is not limited to school
teacher, school guidance counselor, school psychologist,  school  social
worker,  school  nurse,  school  administrator or other school personnel
required to hold a teaching or administrative  license  or  certificate;
social  services  worker;  day care center worker; school-age child care
worker; provider of family or group family day care; employee or  volun-
teer  in  a  residential  care  facility  defined in subdivision four of
section four hundred twelve-a of this title or any other child  care  or
foster  care worker; mental health professional; substance abuse counse-
lor; alcoholism counselor; all persons credentialed  by  the  office  of
alcoholism  and substance abuse services; peace officer; police officer;
district attorney or assistant district attorney; investigator  employed
in the office of a district attorney; or other law enforcement official.
  S  10.  This  act  shall  take effect on the one hundred eightieth day
after it shall have become a law; provided however, that effective imme-
diately, the addition, amendment and/or repeal of any rule or regulation
necessary for the implementation of this act on its effective  date  are
authorized  and directed to be made and completed by the commissioner of
education and the board of regents on or  before  such  effective  date;
provided  further  that the amendments to paragraph (a) of subdivision 1
of section 413 of the social services law made by section eight of  this
act  shall  not  affect  the expiration of such subdivision and shall be
deemed to expire therewith; and provided further that the amendments  to
paragraph (a) of subdivision 1 of section 413 of the social services law
made  by section nine of this act shall take effect on the same date and
in the same manner as section 14 of chapter 323  of  the  laws  of  2008
takes effect.