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

                                  7860

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                              June 6, 2013
                               ___________

Introduced  by M. of A. PERRY -- read once and referred 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.
        6582. SPECIAL PROVISIONS.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00060-04-3
              

A. 7860                             2

        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, AS ADDED BY CHAPTER NINE  HUNDRED  EIGHTY-SEVEN  OF  THE
LAWS  OF NINETEEN HUNDRED SEVENTY-ONE, OF THIS TITLE APPLY TO THIS ARTI-
CLE.
  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.  1. THE PRACTICE OF
THE  PROFESSION  OF  NATUROPATHIC MEDICINE IS DEFINED AS THE PREVENTION,
ASSESSMENT AND MANAGEMENT OF INJURIES, DISEASES AND  CONDITIONS  OF  THE
HUMAN  BODY THROUGH THE USE OF EDUCATION, NUTRITION, NATUROPATHIC THERA-
PIES, NATURAL MEDICINES, AND NATUROPATHIC  PHYSICAL  MEDICINE  THAT  ARE
DESIGNED TO SUPPORT AND/OR RESTORE AND/OR STIMULATE THE HUMAN BODY'S OWN
NATURAL  SELF-HEALING  PROCESSES,  AS  WELL AS PRIMARY PREVENTIVE HEALTH
CARE, AND SHALL INCLUDE EVALUATION AND REFERRAL AS NECESSARY. A LICENSED
NATUROPATHIC DOCTOR SHALL HAVE THE AUTHORITY, AS NECESSARY, AND  LIMITED
TO  THE PRACTICE OF NATUROPATHIC MEDICINE, TO ORDER LABORATORY TESTS AND
IMAGING, AS ESTABLISHED BY THE BOARD IN ACCORDANCE WITH THE  COMMISSION-
ER'S REGULATIONS.
  2.  DOCTORS OF NATUROPATHIC MEDICINE SHALL BE AUTHORIZED TO PRESCRIBE,
ADMINISTER, DISPENSE OR USE FOR PREVENTATIVE  AND  THERAPEUTIC  PURPOSES
THE  FOLLOWING  NATURAL  MEDICINES  AND  THERAPIES: FOOD, FOOD EXTRACTS,
VITAMINS, MINERALS, ENZYMES, DIGESTIVE AIDS, DESICCATED THYROID EXTRACT,
PLANT SUBSTANCES, ALL HOMEOPATHIC  PREPARATIONS,  TOPICAL  PREPARATIONS,
COUNSELING  AND EDUCATION ON LIFESTYLE CHANGES, DIETARY THERAPY, NATURO-
PATHIC PHYSICAL MEDICINE, NON-INVASIVE THERAPEUTIC DEVICES, AND  BARRIER
DEVICES FOR CONTRACEPTION.
  3.  NATUROPATHIC  PHYSICAL  MEDICINE  CONSISTS  OF NATUROPATHIC MANUAL
THERAPY, THE THERAPEUTIC USE OF PHYSICAL AGENTS  OF  AIR,  WATER,  HEAT,
COLD,  SOUND, LIGHT, TOUCH, AND THE PHYSICAL MODALITIES OF MUSCLE STIMU-
LATION, HYDROTHERAPY, ULTRASOUND, AND EXERCISE.
  4. EACH NATUROPATHIC DOCTOR LICENSED PURSUANT TO THIS  ARTICLE,  SHALL
ADVISE  EACH  PATIENT AS TO THE IMPORTANCE OF CONSULTING WITH A LICENSED
PHYSICIAN REGARDING THE PATIENT'S CONDITION AND SHALL KEEP ON FILE  WITH
THE  PATIENT'S RECORDS, A FORM ATTESTING TO THE PATIENT'S NOTICE OF SUCH
ADVICE. SUCH FORM SHALL BE IN DUPLICATE, ONE COPY TO BE RETAINED BY  THE
PATIENT,  SIGNED  AND  DATED  BY  BOTH  THE  NATUROPATHIC DOCTOR AND THE
PATIENT AND SHALL BE PRESCRIBED IN THE FOLLOWING MANNER: "WE, THE UNDER-
SIGNED, DO AFFIRM THAT (THE PATIENT) HAS BEEN ADVISED  BY,  (A  LICENSED
NATUROPATHIC  DOCTOR), TO CONSULT A PHYSICIAN REGARDING THE CONDITION OR
CONDITIONS FOR WHICH SUCH PATIENT SEEKS NATUROPATHIC CARE."
  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;

A. 7860                             3

  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 SIXTEEN, HAVE SATISFACTORI-
LY COMPLETED AN APPROVED CLINICAL POST-GRADUATE RESIDENCY  TRAINING,  OF
NOT  LESS  THAN  TWELVE  MONTHS  DURATION,  UNDER  THE  SUPERVISION OF A
LICENSED NATUROPATHIC DOCTOR WITH A MINIMUM OF TWO YEARS OF PROFESSIONAL
CLINICAL ACTIVITY AND IN ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS;
  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 SIX LICENSED MEMBERS FROM THE PROFESSION  LICENSED  PURSUANT
TO THIS ARTICLE AND TWO PUBLIC REPRESENTATIVES WHO DO NOT HOLD INTERESTS
IN THE ORGANIZATION, FINANCING, OR DELIVERY OF NATUROPATHIC 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  SEVEN-
TY-NINE  OF THIS ARTICLE AND SHALL HAVE RESIDED IN THE STATE OF NEW YORK
FOR AT LEAST TWO YEARS PRECEDING THEIR APPOINTMENT 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.

A. 7860                             4

  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
PRIOR TO NINETEEN HUNDRED EIGHTY-SEVEN FROM AN APPROVED PROGRAM.
  S  6583.  PROHIBITIONS. A NATUROPATHY PRACTITIONER LICENSED UNDER THIS
ARTICLE SHALL BE PROHIBITED FROM:
  1. PRESCRIBING OR ADMINISTERING LEGEND DRUGS,  PRESCRIPTION  DRUGS  OR
CONTROLLED SUBSTANCES; AND
  2. USING INVASIVE PROCEDURES IN TESTING OR AS A TREATMENT, THERAPY, OR
PROFESSIONAL  SERVICE  IN  THE  PRACTICE OF NATUROPATHY. FOR PURPOSES OF
THIS SUBDIVISION, "INVASIVE PROCEDURE"  MEANS  ANY  PROCEDURE  IN  WHICH
HUMAN  TISSUE IS CUT, ALTERED, OR OTHERWISE INFILTRATED BY MECHANICAL OR
OTHER MEANS WITH THE EXCEPTION OF DRAWING  BLOOD.    INVASIVE  PROCEDURE
INCLUDES  BUT  IS  NOT  LIMITED  TO  SURGERY, LASERS, GIVING INJECTIONS,
IONIZING RADIATION, ELECTROCONVULSIVE THERAPY, ELECTRICAL SHOCK  THERAPY
OR ELECTROMYOGRAPHY; AND
  3.  PRACTICING OR CLAIMING TO PRACTICE AS A MEDICAL DOCTOR, OSTEOPATH,
DENTIST,  PODIATRIST,  OPTOMETRIST,  PSYCHOLOGIST,  REGISTERED  PRACTICE
NURSE,  ADVANCE  PRACTICE PROFESSIONAL NURSE, MIDWIFE, PHYSICIAN ASSIST-
ANT, CHIROPRACTOR,  PHYSICAL  THERAPIST,  ACUPUNCTURIST,  MENTAL  HEALTH
THERAPIST  OR  ANY OTHER HEALTH CARE PROFESSIONAL NOT AUTHORIZED IN THIS
CHAPTER; AND
  4. USING ANESTHESIA OR ANY OTHER MEANS OF SEDATION IN THE PRACTICE  OF
NATUROPATHY; AND
  5. PROVIDING OBSTETRICAL SERVICES; AND
  6. PROVIDING PSYCHOTHERAPY SERVICES; AND
  7. SETTING FRACTURES.
  ENGAGING  IN  ANY  OF  THE  ACTIVITIES SET FORTH IN THIS SECTION SHALL
CONSTITUTE  PROFESSIONAL  MISCONDUCT  PURSUANT  TO  SECTION   SIXTY-FIVE
HUNDRED NINE OF THIS TITLE.
  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
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

A. 7860                             5

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  ACCEPTABLE  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 IMMEDIATELY PRECEDING THE EFFECTIVE DATE OF THIS SECTION, CONTIN-
UING  EDUCATION  HOURS TAKEN DURING ONE TRIENNIUM MAY NOT BE TRANSFERRED
TO A SUBSEQUENT 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 THIRTEEN, 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
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. 7860                             6

  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  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. 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 veterinary 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 profes-
sional 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 liability company must be
licensed pursuant to article 163 of the education law to practice  crea-
tive  arts therapy in this state. With respect to a professional service

A. 7860                             7

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.  In addi-
tion  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 divi-
sion 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 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.  With respect to a professional service limited liability company
formed to provide dental services as such services are defined in  arti-
cle  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 veterinary 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

A. 7860                             8

licensed pursuant to article  154  of  the  education  law  to  practice
licensed  clinical  social work in this state. With respect to a profes-
sional 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  liability  company  must  be
licensed  pursuant to article 163 of the education law to practice crea-
tive 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.
  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
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
FORMED  TO PROVIDE NATUROPATHIC SERVICES AS SUCH SERVICES ARE DEFINED IN
ARTICLE 132-A OF THE EDUCATION LAW, EACH MEMBER OF SUCH LIMITED  LIABIL-
ITY  COMPANY MUST BE LICENSED PURSUANT TO ARTICLE 132-A OF THE EDUCATION
LAW TO PRACTICE NATUROPATHY IN THIS STATE. With  respect  to  a  foreign
professional service limited liability company which provides veterinary
services  as  such  services are defined in article 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

A. 7860                             9

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 prac-
tice 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  education  law  to  practice
dentistry  in this state. With respect to a foreign professional service
limited liability company which provides 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 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 practice 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  prac-
tice  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 arti-
cle 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.
  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
NATUROPATHIC SERVICES IN THIS STATE MUST BE LICENSED PURSUANT TO ARTICLE
132-A OF THE EDUCATION LAW TO PRACTICE NATUROPATHY IN THIS  STATE.  Each

A. 7860                            10

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.
  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  NATUROPATHIC
SERVICES IN THIS STATE MUST BE LICENSED PURSUANT TO ARTICLE 132-A OF THE
EDUCATION  LAW  TO PRACTICE NATUROPATHY 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
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

A. 7860                            11

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.
  S 8. Paragraph (a) of subdivision 1  of  section  413  of  the  social
services  law,  as  amended by section 3 of part D of chapter 501 of the
laws of 2012, 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; director of a children's overnight camp,  summer
day  camp  or  traveling  summer  day camp, as such camps are defined in
section thirteen hundred ninety-two of the public health law;  day  care
center worker; school-age child care worker; provider of family or group
family  day  care; 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.  This  act  shall  take effect on the three hundred sixtieth day
after it shall have become a law; provided however, that if section 3 of
part D of chapter 501 of the laws of 2012 shall not have taken effect on
or before such date then section eight of this act shall take effect  on
the  same  date and in the same manner as section 3 of part D of chapter
501 of the laws of 2012 takes effect; provided  further  that  effective
immediately,  the addition, amendment and/or repeal of any rule or regu-
lation necessary for the implementation of this  act  on  its  effective
date  is authorized and directed to be made and completed by the commis-
sioner of education and the board of regents on or before such effective
date.