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

                                  10128

                          I N  A S S E M B L Y

                              May 12, 2016
                               ___________

Introduced  by M. of A. ORTIZ -- read once and referred to the Committee
  on Higher Education

AN ACT to amend the education law, the limited  liability  company  law,
  the  partnership  law  and  the  public health law, in relation to the
  practice of naturopathy; to amend the social services law, in relation
  to the reporting of child abuse;  and  providing  for  the  repeal  of
  certain provisions upon expiration thereof

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

  Section 1. Legislative intent.  1. The legislature recognizes that  in
spite  of  advances  in science and technology that have resulted in the
American healthcare system excelling at  triage  and  in  responding  to
acute  emergent  conditions, there is an epidemic of chronic disease and
an unacceptable degree of iatrogenic disease in America. The legislature
recognizes that the economics of healthcare and the pursuit of scientif-
ic advancement have led to an occupational preference  among  physicians
for  specialization, resulting in a shortage of primary care physicians.
The legislature finds that licensure of the profession  of  naturopathic
medicine  favorably addresses such problems, and agrees with U.S. Senate
Resolution 221 of  the  113th  Congress  in  finding  that  naturopathic
doctors  are  skilled  in  preventing and treating chronic disease; that
naturopathic medicine is a safe,  effective,  and  affordable  means  of
health  care;  and  that licensure of naturopathic doctors helps address
the shortage of primary care physicians in the United States, while also
providing people with more choice in health care.
  2. The legislature recognizes  that  naturopathic  medicine,  although
encompassing  primary and secondary care services, including many of the
same diagnostic tools and assessment techniques as the  medical  profes-
sion,  and  having  certain  Hippocratic  principles  in common with the
medical profession, is not part of the profession of medicine as contem-
plated by article 131 of the education law, and intends that naturopath-
ic medicine be a distinct profession with its own state board.
  3. The legislature recognizes that naturopathic medicine is a  modern,
evolved  form  of naturopathy that is practiced by naturopathic doctors;

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

                                                           LBD05295-06-6

A. 10128                            2

that the early form, today sometimes called traditional naturopathy,  is
characterized  by  its  vitalistic  philosophy, and by its foundation of
hygiene and nature cure (i.e., the use of natural agents  such  as  air,
light,  water, food, and herbs to stimulate the body's own natural heal-
ing powers); and that such early form is practiced  in  some  states  by
traditional  naturopaths  without licensure, by lay persons in their own
self care, and to some extent in health spas. This bill is not  intended
to  change  the  legality  or  illegality of activities relating to such
hygiene and nature cure; nor to limit the scope of naturopathic medicine
to such traditional naturopathy.
  4. The legislature recognizes  that  the  naturopathic  doctor  has  a
primary mission of facilitating optimum health and wellness for patients
of  any age; relies on the scientific method in implementing vitalistic,
functional, and evidence-based strategies  for  assessing  and  treating
patients; and works with patients of good or ill health having acute and
chronic conditions, including serious medical conditions.
  5.  The  legislature intends that the authorized activities within the
scope of practice of a naturopathic doctor are those  activities  within
the meanings of naturopathic assessment, common office procedures, phys-
ical  naturopathy,  approved  substances,  approved  routes  of adminis-
tration, and noninvasive naturopathic therapies, as per sections  sixty-
eight  hundred fifty and sixty-eight hundred fifty-one of article 138 of
the education law as proposed in  this  act.  For  naturopathic  doctors
having the injection therapy privilege the authorized activities further
include injection therapy, as per section sixty-eight hundred fifty-four
of  article 138 of the education law, as proposed in this act. The scope
of such practice activities however are limited by  section  sixty-eight
hundred  fifty-five  of article 138 of the education law, as proposed in
this act, which provides  boundaries  of  professional  competence.  The
legislature provides a list of broad clinical objectives included within
the meaning of "facilitating optimum health and wellness," as defined in
section  sixty-eight  hundred  fifty-one of article 138 of the education
law as proposed in this act, which list, while relevant to  professional
conduct,  is  not intended to expand upon the authorized activities. The
legislature intends that invasive procedures other than diagnostic imag-
ing be impermissible, and that the definitions of  the  terms  "invasive
procedures" and "noninvasive" be construed independent of each other.
  6.  The legislature intends that the education qualification for natu-
ropathic medicine emphasizes the basic sciences and  clinical  sciences,
such  as  has  been  established  by the Council on Naturopathic Medical
Education (CNME) and the Association of Accredited Naturopathic  Medical
Colleges (AANMC), and so distinguish over traditional naturopathy.
  7.  The legislature intends that the education qualification for natu-
ropathic medicine insofar as including a  substantial  equivalent  of  a
program  of naturopathic medicine registered with the department require
that such substantial equivalent, among other factors determined by  the
department,  also  require that the substantial equivalent emphasize the
naturopathic principles and the therapeutic order in clinical  training,
such  as  in  programs accredited by the Council on Naturopathic Medical
Education (CNME) or in the naturopathic medical programs offered by  the
Association  of Accredited Naturopathic Medical Colleges (AANMC), and so
distinguish over a doctoral degree in medicine or osteopathy.
  8. The legislature intends that the professional conduct of the  natu-
ropathic doctor be informed by the naturopathic principles and the ther-
apeutic  order,  and  so  distinguish  over professional conduct for the
practice of the profession of medicine.

A. 10128                            3

  9. The legislature recognizes that in  the  practice  of  naturopathic
medicine  the  healing  power  of nature principle is viewed as being an
inherent property in a  living  organism  to  heal  itself,  and  is  an
acknowledgment  that  synergy  results from the coordination of the many
chemical  and physical reactions of the living system through varied and
circuitous feedback pathways making the whole function as more than  the
sum  of its parts.  The number of reactions and the resulting complexity
and synergy is viewed in the  profession  of  naturopathic  medicine  as
being  why  treatment  of  a  given  physiological process may result in
unforeseen nonlocal consequences, including iatrogenic disease;  and  is
why  naturopathic  doctors  investigate and treat the patient as a whole
living system, find and remove the cause, and prefer less invasive ther-
apies and substances with fewer side effects. It also is why the naturo-
pathic doctor prefers  to  intervene  early  to  prevent  occurrence  of
disease.
  10.  The legislature intends that licensed naturopathic doctors, while
being permitted  to  practice  in  solo  and  among  other  naturopathic
doctors,  also be permitted to practice naturopathic medicine in many of
the current patient care venue types  in  the  healthcare  system;  that
there  be  referral  among  naturopathic  doctors, physicians, and other
health care providers as based on the interests of the patient; and that
integrative care settings and the advancement of public health and safe-
ty be realized through collaboration among naturopathic doctors,  physi-
cians, and other health care providers.
  11.  Naturopathic  doctors  add  to the health care system by bringing
their naturopathic approach to  patient  care;  and  by  bringing  their
expertise  on  the  determinants  of  health, diet and nutrient therapy,
phytotherapy,  therapeutic  use  of  physical  agents,   and   drug/herb
drug/nutrient  interactions.  Therefore,  to  improve the public health,
safety and welfare of its citizens, the legislature finds it is  desira-
ble  to  regulate  the  profession of naturopathic medicine, and intends
that admission to practice and regulation of  such  practice,  including
professional  conduct,  shall  be supervised by the board of regents and
administered by the state education  department,  assisted  by  a  state
board of naturopathic medicine.
  S  2. The education law is amended by adding a new article 138 to read
as follows:
                               ARTICLE 138
                          NATUROPATHIC MEDICINE
SECTION 6850. INTRODUCTION.
        6851. DEFINITIONS.
        6852. DEFINITION OF THE PRACTICE OF NATUROPATHIC MEDICINE.
        6853. TITLE AND DESIGNATION.
        6854. INJECTION THERAPY AND INJECTION THERAPY PRIVILEGE.
        6855. BOUNDARIES OF PROFESSIONAL COMPETENCE.
        6856. STATE BOARD FOR NATUROPATHIC MEDICINE.
        6857. QUALIFICATIONS FOR LICENSURE.
        6858. SPECIAL CONDITIONS.
        6859. EXEMPT PERSONS AND EXEMPTIONS.
        6860. LIMITED RESIDENCY PERMITS.
        6861. LIMITED PERMITS.
        6862. MANDATORY CONTINUING EDUCATION.
  S 6850. INTRODUCTION. THIS ARTICLE APPLIES TO THE LICENSURE AND  REGU-
LATION OF NATUROPATHIC DOCTORS TO PRACTICE NATUROPATHIC MEDICINE 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

A. 10128                            4

LAWS OF NINETEEN HUNDRED SEVENTY-ONE, OF THIS TITLE APPLY TO THIS  ARTI-
CLE.
  S 6851. DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE:
  1.  "APPROVED  CLIA  WAIVED  TESTS"  MEAN LABORATORY TESTS CATEGORIZED
UNDER THE FEDERAL CLINICAL LABORATORY IMPROVEMENT ACT (CLIA) OF 1988  AS
BEING  WAIVED TESTS, AND WHICH ARE IDENTIFIED BY THE DEPARTMENT UPON THE
RECOMMENDATION OF THE BOARD, AND UPDATED AS  NEEDED  OR  UPON  TRIENNIAL
REVIEW, AS BEING APPROPRIATE IN THE PRACTICE OF NATUROPATHIC MEDICINE.
  2.  "APPROVED ROUTES OF ADMINISTRATION" MEANS ORAL, SUBLINGUAL, NASAL,
AURICULAR, OCULAR, RECTAL, VAGINAL, AND  TRANSDERMAL.  FOR  NATUROPATHIC
DOCTORS  HAVING  INJECTION  THERAPY  PRIVILEGE UNDER SECTION SIXTY-EIGHT
HUNDRED FIFTY-FOUR OF THIS ARTICLE, "APPROVED ROUTES OF  ADMINISTRATION"
FURTHER  INCLUDE  INJECTION  ROUTES, NAMELY, INTRAVENOUS, INTRAMUSCULAR,
SUBCUTANEOUS, AND INTRADERMAL.
  3.  "APPROVED  SUBSTANCES"  MEANS  OVER-THE-COUNTER  SUBSTANCES;  FOOD
CONCENTRATES,  FOOD  EXTRACTS,  AND OTHER DIETARY INGREDIENTS; VITAMINS,
MINERALS, AND OTHER DIETARY SUPPLEMENTS; BOTANICAL AND HOMEOPATHIC PREP-
ARATIONS; AND A LIMITED FORMULARY OF LEGEND DRUGS. THE LIMITED FORMULARY
OF LEGEND DRUGS INCLUDES THYROID HORMONES, ESTROGEN HORMONES, PROGESTER-
ONE HORMONE, DHEA, AND HOMEOPATHIC  PREPARATIONS  OF  HOMEOPATHIC  DRUGS
LISTED  IN  THE OFFICIAL HOMEOPATHIC PHARMACOPOEIA OF THE UNITED STATES.
FOR  NATUROPATHIC  DOCTORS  HAVING  INJECTION  THERAPY  PRIVILEGE  UNDER
SECTION  SIXTY-EIGHT  HUNDRED  FIFTY-FOUR  OF  THIS ARTICLE, THE LIMITED
FORMULARY FURTHER INCLUDES IMMUNIZATIONS AND  INJECTABLE  FORMS  OF  THE
APPROVED SUBSTANCES. LEGEND DRUGS IN THE LIMITED FORMULARY MAY BE ADMIN-
ISTERED AND PRESCRIBED, AND THE OTHER APPROVED SUBSTANCES AND HOMEOPATH-
IC PREPARATIONS MAY BE ADMINISTERED, PRESCRIBED, AND DISPENSED.
  4. "BOARD" MEANS THE STATE BOARD FOR NATUROPATHIC MEDICINE.
  5. "COMMON OFFICE PROCEDURES" MEANS ADMINISTERING APPROVED CLIA WAIVED
TESTS;   ADMINISTERING   ULTRASONOGRAPHIC   AND  THERMOGRAPHIC  IMAGING;
PRESCRIBING, INSTALLING, REMOVING, AND ADJUSTING  BARRIER  CONTRACEPTIVE
DEVICES;  PROCEDURES  FOR TREATING SUPERFICIAL LACERATIONS AND ABRASIONS
AND FOR THE REMOVAL OF FOREIGN BODIES LOCATED IN SUPERFICIAL  STRUCTURES
NOT  TO INCLUDE THE EYE, EXCLUDING BY INCISION AND SUTURING; ADMINISTER-
ING  CRYOTHERAPY,  LIGATION,  AND  FULGURATION;  ADMINISTERING  APPROVED
SUBSTANCES VIA APPROVED ROUTES OF ADMINISTRATION; PROCEDURES FOR OBTAIN-
ING  SAMPLES OF BODILY FLUIDS, BODILY EXCRETIONS, BODILY SECRETIONS, AND
BODILY TISSUES; AND OTHER PROCEDURES FOR ASSESSMENT OR THERAPY THAT  ARE
NONINVASIVE.  COMMON OFFICE PROCEDURES FOR OBTAINING SAMPLES ARE LIMITED
TO: VENIPUNCTURE AND PHLEBOTOMY,  PAP  SMEAR,  SCRAPING,  AND  FOR  HAIR
CUTTING.
  6.  "CONTROLLED  SUBSTANCE"  MEANS CONTROLLED SUBSTANCES AS DEFINED IN
THE FEDERAL CONTROLLED SUBSTANCES ACT.
  7. "DIAGNOSTIC IMAGING" MEANS RADIOGRAPHY, TOMOGRAPHY, MAGNETIC  RESO-
NANCE  IMAGING,  ULTRASONOGRAPHY, AND THERMOGRAPHY, AND EXCLUDES NUCLEAR
MEDICINE,  FLUOROSCOPY,  AND  RADIOLOGICAL  PROCEDURES  FOR  TREATING  A
MEDICAL CONDITION.
  8.  "DIETARY  INGREDIENT" MEANS A DIETARY INGREDIENT AS DEFINED IN THE
FEDERAL DIETARY SUPPLEMENT HEALTH AND EDUCATION ACT OF 1994 (DSHEA).
  9. "DIETARY SUPPLEMENT" MEANS A DIETARY SUPPLEMENT AS DEFINED  IN  THE
FEDERAL DIETARY SUPPLEMENT HEALTH AND EDUCATION ACT OF 1994 (DSHEA).
  10.  "DRUG"  MEANS  A  DRUG  AS DEFINED IN THE FEDERAL FOOD, DRUG, AND
COSMETIC ACT, 21 USC 321.
  11. "FACILITATING OPTIMUM HEALTH AND WELLNESS" MEANS FACILITATING  THE
ESTABLISHMENT  AND MAINTENANCE OF A HEALTHY PATIENT LIFESTYLE AND NUTRI-
TIONAL FOUNDATION; EDUCATING THE PATIENT ABOUT  THEIR  CIRCUMSTANCES  OF

A. 10128                            5

HEALTH  AND  ILLNESS  AND STEPS FOR ESTABLISHING AND MAINTAINING OPTIMUM
HEALTH AND WELLNESS; FACILITATING AND AUGMENTING SELF-HEALING PROCESSES;
SUPPORTING  AND  MODULATING  PHYSIOLOGICAL  PROCESSES;  SUPPORTING   AND
CORRECTING  INTEGRITY OF ANATOMICAL STRUCTURES; IDENTIFYING AND REMOVING
UNDERLYING CAUSES OF ILLNESS; AND IDENTIFYING,  PREVENTING,  MITIGATING,
MONITORING, AND TREATING ILLNESS.
  12.  "FOOD"  MEANS  FOOD  AS  DEFINED  IN  THE FEDERAL FOOD, DRUG, AND
COSMETIC ACT, 21 USC 321.
  13. "ILLNESS" MEANS PAIN, INJURY,  DEFORMITY,  SYNDROME,  DISEASE,  OR
OTHER UNHEALTHY CONDITION.
  14.  "INVASIVE  PROCEDURE"  MEANS ANY MEDICAL PROCEDURE IN WHICH BONE,
VISCERA, THE EYEBALL, THE INNER EAR, THE  DORSAL  BODY  CAVITY,  OR  THE
VENTRAL  BODY  CAVITY  IS PENETRATED BY A PHYSICAL DEVICE OR BY IONIZING
RADIATION ABOVE BACKGROUND LEVELS.
  15. "INJECTION THERAPY" MEANS THE INJECTION OF APPROVED SUBSTANCES.
  16. "INJECTION THERAPY PRIVILEGE" MEANS THE SCOPE OF  PRACTICE  PRIVI-
LEGE  TO  PRACTICE  INJECTION  THERAPY,  IN  ACCORDANCE WITH REGULATIONS
PROMULGATED BY THE COMMISSIONER.
  17. "LEGEND DRUG" MEANS A DRUG FOR WHICH A  PRESCRIPTION  IS  REQUIRED
UNDER THE FEDERAL FOOD, DRUG AND COSMETIC ACT.
  18.  "NATUROPATHIC ASSESSMENT" MEANS THE IDENTIFICATION AND EVALUATION
OF A PATIENT'S CIRCUMSTANCES OF HEALTH AND ILLNESS BY INVESTIGATING  THE
PATIENT'S  HEALTH,  HISTORY,  LIFE STYLE, AND DETERMINANTS OF HEALTH; BY
COMPREHENSIVE PHYSICAL EXAMINATION;  BY  COMMON  OFFICE  PROCEDURES  FOR
ASSESSMENT; BY ORDERING AND PRESCRIBING LABORATORY TESTS AND PROCEDURES,
INCLUDING  SUBMITTING  SPECIMENS  FOR  TESTING TO LABORATORIES THAT HOLD
PERMITS OR LICENSES PURSUANT TO UNDER TITLE V OF  ARTICLE  FIVE  OF  THE
PUBLIC  HEALTH  LAW; BY ORDERING AND PRESCRIBING DIAGNOSTIC IMAGING; AND
BY OTHER ASSESSMENT TECHNIQUES THAT  ARE  NONINVASIVE.    SPECIMENS  FOR
TESTING  MAY  BE  OBTAINED  BY  COMMON OFFICE PROCEDURES AS DESCRIBED IN
SUBDIVISION FIVE OF THIS SECTION OR BY  PATIENT  SUBMISSION  (E.G.,  FOR
STOOL, URINE, HAIR, SALIVA).
  19.  "NATUROPATHIC  PRINCIPLES"  MEANS THE FOLLOWING PRINCIPLES, WHICH
ARE WEIGHED BY THE NATUROPATHIC DOCTOR TO  INFLUENCE  THE  SELECTION  OF
NATUROPATHIC ASSESSMENT ACTIVITIES, COMMON OFFICE PROCEDURES, AND TREAT-
MENTS ADMINISTERED, ORDERED OR REFERRED:
  A.  "THE HEALING POWER OF NATURE," WHICH MEANS THE INHERENT ABILITY OF
A LIVING ORGANISM FOR SELF-HEALING;
  B. "IDENTIFY AND TREAT THE CAUSES," WHICH MEANS  IDENTIFY  AND  REMOVE
THE  UNDERLYING  CAUSES  OF  ILLNESS  SO THAT SELF-HEALING PROCESSES MAY
FUNCTION EFFECTIVELY;
  C. "FIRST DO NO HARM," WHICH MEANS APPLY THE  LEAST  FORCE  OR  INTER-
VENTION  TO  IDENTIFY  ILLNESS AND RESTORE HEALTH, SUCH AS REFERENCED IN
THE THERAPEUTIC ORDER; AND WHENEVER POSSIBLE, AVOID SYMPTOM  SUPPRESSION
THAT INTERFERES WITH THE DYNAMICS OF SELF-HEALING;
  D.  "DOCTOR  AS TEACHER," WHICH MEANS EDUCATE PATIENTS AS TO STEPS FOR
ACHIEVING AND MAINTAINING HEALTH, AND ENCOURAGE SELF-RESPONSIBILITY  FOR
HEALTH;
  E.  "TREAT THE WHOLE PERSON," WHICH MEANS ASSESS AND TREAT THE PATIENT
AS AN INTEGRATED WHOLE HAVING MANY PHYSICAL, MENTAL, EMOTIONAL, SPIRITU-
AL, AND SOCIAL ASPECTS; AND
  F. "PREVENTION,"  WHICH  MEANS  ASSESS  LIFE  STYLE,  DETERMINANTS  OF
HEALTH,  AND GENETIC AND ENVIRONMENTAL SUSCEPTIBILITY TO ILLNESS; RECOM-
MEND APPROPRIATE INTERVENTIONS TO REDUCE RISKS  OF  DISEASE  OCCURRENCE;
AND  FACILITATE  THE  ESTABLISHMENT AND MAINTENANCE OF POSITIVE EMOTION,
THOUGHT AND ACTION.

A. 10128                            6

  20. "NONINVASIVE" MEANS NO BREAK IS CREATED IN THE SKIN OR MUCOSA,  NO
INFILTRATION  OF  THE SKIN OR MUCOSA IS MADE BY IONIZING RADIATION ABOVE
BACKGROUND LEVELS, NO ENDOSCOPY IS PERFORMED BETWEEN THE  ESOPHAGUS  AND
COLON,  INCLUSIVE, AND NO RADIOGRAPHY, TOMOGRAPHY, OR MAGNETIC RESONANCE
IMAGING IS ADMINISTERED.
  21.  "NONINVASIVE  NATUROPATHIC  THERAPIES"  MEANS  DIET AND LIFESTYLE
COUNSELING, PATIENT EDUCATION AS TO CIRCUMSTANCES OF HEALTH AND ILLNESS,
WELLNESS COUNSELING, BIOFEEDBACK, HYPNOTHERAPY, AND TOUCH AND/OR TAPPING
THERAPIES WITH AND WITHOUT A VERBAL COMMUNICATION COMPONENT. NONINVASIVE
NATUROPATHIC THERAPIES EXCLUDE THE PRACTICE OF MARITAL AND FAMILY THERA-
PY, PSYCHOANALYSIS, AND CREATIVE ARTS THERAPY ON A  CONTINUED  SUSTAINED
BASIS,  AND  IS  FURTHER LIMITED IN APPLICATION BY A BOUNDARY OF PROFES-
SIONAL  COMPETENCE  RESTRICTING  PSYCHOTHERAPEUTIC   INTERVENTION   WITH
PATIENTS  HAVING  SYMPTOMATIC,  INTELLECTUALLY,  SOCIALLY OR EMOTIONALLY
MALADAPTIVE BEHAVIOR SUFFICIENT TO BE A  MENTAL,  EMOTIONAL,  COGNITIVE,
ADDICTIVE OR BEHAVIORAL DISORDER AS PER DSM CRITERIA OR PER DIAGNOSIS BY
A  QUALIFIED  HEALTHCARE  PROVIDER,  AS  PROVIDED IN SECTION SIXTY-EIGHT
HUNDRED FIFTY-FIVE OF THIS ARTICLE.
  22. "OPTIMUM HEALTH" MEANS  A  PERSON'S  DESIRED,  MAINTAINABLE,  BEST
DEGREE  OF  HEALTH,  GIVEN  THE  PERSON'S  CIRCUMSTANCES  OF  HEALTH AND
ILLNESS, THE THERAPEUTIC GOALS, AND THE PERSON'S DEGREE OF  SELF-RESPON-
SIBILITY FOR HEALING.
  23.  "OVER  THE  COUNTER  SUBSTANCES"  MEANS SUBSTANCES THAT HAVE BEEN
APPROVED OR CLEARED BY THE FOOD AND DRUG ADMINISTRATION  OF  THE  UNITED
STATES  DEPARTMENT OF HEALTH AND HUMAN SERVICES FOR SALE OR DISTRIBUTION
TO  THE  PUBLIC  ON  A  DIRECT  OR  OVER-THE-COUNTER  BASIS  WITHOUT   A
PRESCRIPTION FROM A QUALIFIED HEALTH CARE PRACTITIONER.
  24. "PHYSICAL NATUROPATHY" MEANS MANUAL THERAPY, THERAPEUTIC EXERCISE,
HYDROTHERAPY,  COLONIC  THERAPY,  SAUNA,  MICROWAVE DIATHERMY, SHORTWAVE
DIATHERMY, ULTRASONIC DIATHERMY, MUSCLE STIMULATION, BIOFEEDBACK, INFRA-
RED LIGHT THERAPY, ULTRAVIOLET LIGHT  THERAPY,  VISIBLE  LIGHT  THERAPY,
IONTOPHORESIS,  AND THE THERAPEUTIC USE OF PHYSICAL MEDICINE THERAPEUTIC
DEVICES THAT ARE EXEMPT OR ARE CLASS I OR CLASS  II  DEVICES  IDENTIFIED
UNDER  THE  CODE OF FEDERAL REGULATIONS, TITLE 21, CHAPTER I, SUBCHAPTER
H, PART 890, SUBPART F.
  25. "RADIOLOGICAL PROCEDURES" MEANS RADIOLOGICAL PROCEDURES AS DEFINED
IN ARTICLE EIGHTY-SEVEN HUNDRED ONE OF THIS TITLE.
  26. "SUPERFICIAL" MEANS THE DERMAL AND SUBCUTANEOUS LAYERS OF THE BODY
EXTERIOR, THE MUCOSAL LAYER OF THE BODY  ORIFICES,  AND  THE  UNDERLYING
FASCIA AND ADIPOSE.
  27.  "SURGERY" MEANS A MEDICAL PROCEDURE FOR STRUCTURALLY ALTERING THE
HUMAN BODY BY CUTTING INTO LIVE HUMAN TISSUE FOR THE PURPOSE  OF  LOCAL-
IZED  ALTERATION,  TRANSPORTATION,  OR  DESTRUCTION OF LIVE HUMAN TISSUE
USING IONIZING RADIATION OR AN INSTRUMENT, SUCH AS A LASER, SCALPEL,  OR
PROBE;  AND  DOES  NOT  INCLUDE  PUNCTURES,  INJECTIONS,  DRY  NEEDLING,
ACUPUNCTURE, OR REMOVAL OF DEAD TISSUE.
  28. "THERAPEUTIC ORDER" MEANS  THE  HIERARCHY  OF  THERAPEUTIC  INTER-
VENTION,  AS  FOLLOWS,  ORDERED ACCORDING TO DEGREE OF INTERVENTION, AND
USED BY DETERMINING THE LOWEST DEGREE  OF  INTERVENTION  FOR  WHICH  THE
SPECIFIC  PATIENT'S  CIRCUMSTANCES  OF  HEALTH AND ILLNESS CAN BE EFFEC-
TIVELY ADDRESSED TO RESTORE AND FACILITATE OPTIMUM HEALTH, WHEREIN THER-
APEUTIC INTERVENTION OUTSIDE THE BOUNDARIES OF  PROFESSIONAL  COMPETENCE
IS INTENDED TO BE REFERRED:
  A.  ESTABLISH  THE  CONDITIONS  FOR  HEALTH (E.G., IDENTIFY AND REMOVE
DISTURBING FACTORS; INSTITUTE A MORE HEALTHFUL REGIMEN);
  B. STIMULATE THE SELF-HEALING PROCESSES;

A. 10128                            7

  C. ADDRESS WEAKENED OR DAMAGED SYSTEMS OR ORGANS (E.G., STRENGTHEN THE
IMMUNE SYSTEM; DECREASE TOXICITY; NORMALIZE INFLAMMATORY FUNCTION; OPTI-
MIZE METABOLIC FUNCTION; BALANCE REGULATORY  SYSTEMS;  ENHANCE  REGENER-
ATION;  CULTIVATE  SENSORY  AND  MINDFUL AWARENESS OF THE INTEGRATION OF
PSYCHE AND SOMA);
  D. CORRECT STRUCTURAL INTEGRITY;
  E. ADDRESS PATHOLOGY USING SPECIFIC NATURAL SUBSTANCES, MODALITIES, OR
INTERVENTIONS;
  F.   ADDRESS  PATHOLOGY  USING  SPECIFIC  PHARMACOLOGIC  OR  SYNTHETIC
SUBSTANCES; AND
  G. SUPPRESS OR SURGICALLY REMOVE PATHOLOGY.
  29. "VERTEBRAL ADJUSTMENT" MEANS A HIGH VELOCITY, LOW AMPLITUDE THRUST
APPLIED TO A VERTEBRA AT THE END OF ITS RANGE OF MOTION UTILIZING  PARTS
OF  THE  VERTEBRA  AND  CONTIGUOUS STRUCTURES AS LEVERS TO DIRECTIONALLY
CORRECT ARTICULATE MALPOSITION,  AND  EXCLUDES  MOTION  THAT  MOVES  THE
VERTEBRA TO THE END OF ITS RANGE OF MOTION.
  30.  "WELLNESS"  MEANS  A  STATE  OF BEING ABLE TO PREVENT ILLNESS AND
PROLONG LIFE.
  31. "WELLNESS COUNSELING" MEANS PATIENT DOCTOR DIALOGUE FOR FACILITAT-
ING POSITIVE EMOTION, THOUGHT, AND ACTION PROVIDED WITHIN  A  MULTIMODAL
HOLISTIC  FRAMEWORK  OF  THERAPY INFORMED BY THE NATUROPATHIC PRINCIPLES
AND THE THERAPEUTIC ORDER.
  S 6852. DEFINITION OF THE PRACTICE  OF  NATUROPATHIC  MEDICINE.    THE
PRACTICE  OF  NATUROPATHIC  MEDICINE  IS DEFINED AS FACILITATING OPTIMUM
HEALTH AND WELLNESS FOR PATIENTS OF ANY AGE USING  NATUROPATHIC  ASSESS-
MENT,   COMMON   OFFICE   PROCEDURES,   PHYSICAL  NATUROPATHY,  APPROVED
SUBSTANCES, AND NONINVASIVE NATUROPATHIC THERAPIES IN A HOLISTIC  FRAME-
WORK INFORMED BY NATUROPATHIC PRINCIPLES AND A THERAPEUTIC ORDER.
  S 6853. TITLE AND DESIGNATION. ONLY A PERSON LICENSED UNDER THIS ARTI-
CLE  MAY  USE  THE TITLE "NATUROPATHIC DOCTOR", "LICENSED NATUROPATH" OR
"PROFESSIONAL NATUROPATH" AND HOLD HERSELF OR HIMSELF OUT AS  PRACTICING
NATUROPATHIC  MEDICINE;  PROVIDED, HOWEVER, THAT NONE OF SUCH TITLES NOR
ANY COMBINATION OF SUCH TITLES SHALL BE USED TO CONVEY THE IDEA THAT THE
INDIVIDUAL WHO USES SUCH TITLE PRACTICES ANYTHING OTHER THAN NATUROPATHY
AND NATUROPATHIC MEDICINE. A LICENSED NATUROPATHIC DOCTOR  MAY  NOT  USE
THE  TITLE  "PHYSICIAN"  UNLESS OTHERWISE AUTHORIZED UNDER TITLE VIII OF
THE EDUCATION LAW.
  S 6854. INJECTION THERAPY AND INJECTION THERAPY  PRIVILEGE.  1.    FOR
ISSUANCE OF INJECTION THERAPY PRIVILEGE, THE APPLICANT SHALL FULFILL THE
FOLLOWING REQUIREMENTS:
  A. FILE AN APPLICATION WITH THE DEPARTMENT;
  B.  BE  LICENSED  AS  A  NATUROPATHIC DOCTOR IN THE STATE, INCLUDING A
LIMITED PERMIT HOLDER, OR BE AN APPLICANT FOR LICENSURE UNDER THIS ARTI-
CLE MEETING THE QUALIFICATIONS FOR LICENSURE OR FOR A LIMITED PERMIT;
  C. HAVE SUCCESSFULLY COMPLETED A  CERTIFICATION  COURSE  IN  INJECTION
THERAPY  FROM A COURSE PROVIDER APPROVED BY THE DEPARTMENT OR AS PART OF
A PROGRAM OF NATUROPATHIC MEDICINE REGISTERED WITH THE DEPARTMENT OR THE
SUBSTANTIAL EQUIVALENT THEREOF;
  D. PAY A FEE TO THE DEPARTMENT OF TWO HUNDRED DOLLARS FOR THE ISSUANCE
AND INITIAL REGISTRATION OF THE INJECTION THERAPY PRIVILEGE.
  2. AN INJECTION THERAPY PRIVILEGE ISSUED UNDER THIS SECTION  SHALL  BE
VALID FOR THE LIFE OF THE HOLDER, UNLESS REVOKED, ANNULLED, OR SUSPENDED
BY  THE  BOARD  OF REGENTS. DURING EACH TRIENNIAL REGISTRATION PERIOD, A
NATUROPATHIC DOCTOR HAVING INJECTION THERAPY  PRIVILEGE  SHALL  COMPLETE
EIGHT  HOURS  OF ACCEPTABLE FORMAL CONTINUING EDUCATION AS PART OF THEIR
MANDATORY CONTINUING EDUCATION  REQUIREMENT,  IN  CONFORMANCE  WITH  THE

A. 10128                            8

PROVISIONS  OF SECTION SIXTY-EIGHT HUNDRED SIXTY-TWO OF THIS ARTICLE, ON
THE SUBJECT OF INJECTION THERAPY, INCLUDING FORMAL CONTINUING  EDUCATION
THAT  CONTRIBUTES  TO  THE  ENHANCEMENT  OF  CLINICAL  INJECTION THERAPY
SKILLS,  PURSUANT  TO  THE  REGULATION  OF  THE COMMISSIONER. FAILURE TO
COMPLETE THE REQUIRED CONTINUING EDUCATION UNDER THIS  SUBSECTION  SHALL
RESULT  IN SUSPENSION OF THE INJECTION THERAPY PRIVILEGE UNTIL SUCH TIME
AS THE REQUIRED CONTINUING EDUCATION IS COMPLETE. A  SUSPENSION  OF  THE
INJECTION  THERAPY  PRIVILEGE  FOR  LACK  OF  COMPLETION OF THE REQUIRED
CONTINUING EDUCATION THAT EXCEEDS TWELVE MONTHS IN DURATION SHALL RESULT
IN A REVOCATION OF THE INJECTION THERAPY PRIVILEGE, AND  REQUIRE  RE-AP-
PLICATION,  RECERTIFICATION  OR  OTHER  EDUCATION  SATISFACTORY  TO  THE
COMMISSIONER, AND THE FEE AS PER SECTION SIXTY-EIGHT HUNDRED FIFTY-SEVEN
OF THIS ARTICLE FOR RE-ISSUANCE OF THE INJECTION THERAPY PRIVILEGE. THIS
CONTINUING EDUCATION REQUIREMENT IS EFFECTIVE AS OF THE  SAME  EFFECTIVE
DATE AS SECTION SIXTY-EIGHT HUNDRED FIFTY-SEVEN OF THIS ARTICLE.
  3. A STUDENT IN A DOCTORAL PROGRAM OF NATUROPATHIC MEDICINE REGISTERED
WITH  THE  DEPARTMENT  OR THE SUBSTANTIAL EQUIVALENT THEREOF MAY PERFORM
INJECTION  THERAPY  IN  AN  INTERNSHIP  OR  PRECEPTORSHIP  SETTING  WHEN
REQUIRED  AS  PART  OF  SUCH  PROGRAM FOR THE PURPOSE OF FULFILLING SUCH
PROGRAM REQUIREMENT ONLY UNDER THE IMMEDIATE DIRECT PERSONAL SUPERVISION
OF A PHYSICIAN LICENSED  UNDER  THIS  TITLE  OR  A  NATUROPATHIC  DOCTOR
LICENSED UNDER THIS ARTICLE HAVING INJECTION THERAPY PRIVILEGE. "IMMEDI-
ATE  DIRECT PERSONAL SUPERVISION" FOR THE PURPOSES OF THIS SECTION MEANS
SUPERVISION OF A PROCEDURE FOR INJECTION THERAPY BASED  ON  INSTRUCTIONS
GIVEN  DIRECTLY BY THE SUPERVISING PHYSICIAN OR SUPERVISING NATUROPATHIC
DOCTOR WHO REMAINS PHYSICALLY PRESENT IN THE  IMMEDIATE  AREA  WHEN  THE
INJECTION THERAPY PROCEDURE IS PERFORMED.
  S  6855.  BOUNDARIES OF PROFESSIONAL COMPETENCE. THE ACTIVITIES ENCOM-
PASSED WITHIN THE DEFINITION OF THE PRACTICE  OF  NATUROPATHIC  MEDICINE
UNDER  SECTIONS  SIXTY-EIGHT  HUNDRED  FIFTY-TWO AND SIXTY-EIGHT HUNDRED
FIFTY-FOUR OF THIS ARTICLE ARE LIMITED BY THE PROHIBITIONS,  BOUNDARIES,
AND RESTRICTIONS OF THIS SECTION.
  1.  THE  PRACTICE  OF THE PROFESSION OF NATUROPATHIC MEDICINE DOES NOT
INCLUDE:  ADMINISTERING OR PRESCRIBING CONTROLLED  SUBSTANCES;  ADMINIS-
TERING  INVASIVE  PROCEDURES;  ADMINISTERING  ELECTROCONVULSIVE THERAPY;
ADMINISTERING NEEDLE-TYPE  ELECTROMYOGRAPHY;  PERFORMING  SURGERY  OTHER
THAN  CRYOTHERAPY,  LIGATION AND FULGURATION; ADMINISTERING RADIOLOGICAL
PROCEDURES USING IONIZING RADIATION ABOVE BACKGROUND LEVELS; ADMINISTER-
ING GENERAL OR SPINAL ANESTHETIC DRUGS; ADMINISTERING OBSTETRIC SERVICES
OTHER THAN COMPLEMENTARY NATUROPATHIC PRENATAL  AND  POSTNATAL  WELLNESS
CARE; ADMINISTERING ACUPUNCTURE; AND SETTING FRACTURES.
  2.  A.  (I)  IT  SHALL  BE DEEMED PRACTICING OUTSIDE THE BOUNDARIES OF
PROFESSIONAL COMPETENCE FOR A NATUROPATHIC DOCTOR TO  PROVIDE  EMERGENCY
CARE SERVICES FOR TREATING INJURIES OR TRAUMA FROM A SERIOUS ACCIDENT OR
A  VIOLENT CRIME, EXCEPT AS PERMITTED BY ARTICLE 30 OF THE PUBLIC HEALTH
LAW OF NEW YORK.
  (II) IT SHALL BE DEEMED PROFESSIONAL  MISCONDUCT  FOR  A  NATUROPATHIC
DOCTOR  TO  HOLD  HERSELF  OR  HIMSELF  OUT  AS PROVIDING EMERGENCY CARE
SERVICES ON A CONTINUED SUSTAINED BASIS; OR TO TREAT AN  ACUTE  EMERGENT
CONDITION  OF  SIGNIFICANT THREAT TO LIFE OR LIMB WITHOUT ALSO SUMMONING
EMERGENCY MEDICAL RESPONSE.
  B. (I) IT SHALL BE DEEMED PRACTICING OUTSIDE THE BOUNDARIES OF PROFES-
SIONAL COMPETENCE FOR A NATUROPATHIC DOCTOR TO ADMINISTER PHYSICAL NATU-
ROPATHY ON A PATIENT ON A CONTINUED SUSTAINED BASIS UNDER EITHER OF  THE
FOLLOWING CIRCUMSTANCES:  TO ASSIST THE PATIENT TO COMPENSATE FOR DEVEL-
OPMENTAL  DEFICITS  AFFECTING PHYSICAL MOVEMENT AND MOBILITY THAT CANNOT

A. 10128                            9

BE REVERSED; AND TO RESTORE, FOR PURPOSES OF PATIENT REINTEGRATION  BACK
INTO THE HOME, COMMUNITY, OR WORK, SOME OR ALL OF THE PATIENT'S PATHOME-
CHANICAL  DEFICITS  AFFECTING  PHYSICAL  MOVEMENT AND MOBILITY THAT WERE
LOST  DUE  TO  INJURY  OR  DISEASE CAUSING ONGOING SEPARATION FROM HOME,
COMMUNITY OR WORK.
  (II) A NATUROPATHIC  DOCTOR  MAY  CORRECT  VERTEBRAL  ALIGNMENT  USING
VERTEBRAL  ADJUSTMENT  IN  COMBINATION  WITH NATUROPATHIC MUSCLE RELEASE
TECHNIQUES AND SOFT TISSUE MANIPULATION  WITHIN  A  MULTIMODAL  HOLISTIC
TREATMENT PLAN, BUT OTHERWISE MAY NOT PRACTICE VERTEBRAL ADJUSTMENT.
  C.  FOR  PATIENTS  HAVING  SYMPTOMATIC,  INTELLECTUALLY,  SOCIALLY  OR
EMOTIONALLY MALADAPTIVE BEHAVIOR SUFFICIENT TO BE A  MENTAL,  EMOTIONAL,
COGNITIVE,  ADDICTIVE  OR BEHAVIORAL DISORDER AS PER DSM (DIAGNOSTIC AND
STATISTICAL MANUAL OF MENTAL DISORDERS) CRITERIA OR AN EQUIVALENT THERE-
OF, OR PER DIAGNOSIS BY A QUALIFIED HEALTHCARE  PROVIDER,  IT  SHALL  BE
DEEMED  PRACTICING OUTSIDE THE BOUNDARIES OF PROFESSIONAL COMPETENCE FOR
A NATUROPATHIC DOCTOR TO FACILITATE CHANGES IN THE PATIENT'S PERSONALITY
AND BEHAVIOR FOR THE PURPOSE OF ELIMINATING SUCH SYMPTOMATIC MALADAPTIVE
BEHAVIOR CORRESPONDING TO SUCH  DISORDER  THROUGH  THE  USE  OF  VERBAL,
COGNITIVE,   AND   EMOTIONAL   INTERPERSONAL  COMMUNICATION  METHODS  OF
PSYCHOTHERAPEUTIC INTERVENTION ON  A  CONTINUED  SUSTAINED  BASIS.  SUCH
RESTRICTION  ON PSYCHOTHERAPEUTIC INTERVENTION DOES NOT RESTRICT A NATU-
ROPATHIC  DOCTOR  FROM  PROVIDING  DIETARY  AND  LIFESTYLE  ADVICE   AND
INSTRUCTIONS  TO THE PATIENT, NOR FROM EDUCATING THE PATIENT ABOUT THEIR
CIRCUMSTANCES OF HEALTH AND ILLNESS. SUCH RESTRICTION ON PSYCHOTHERAPEU-
TIC INTERVENTION EXCLUDES HYPNOTHERAPY APPLIED AS PART  OF  A  MULTIMODE
HOLISTIC  TREATMENT  PLAN  (E.G.,  NUTRIENT THERAPY AND HYPNOTHERAPY) TO
TREAT TOBACCO ADDICTION  OR  OBESITY.  ALTHOUGH  A  NATUROPATHIC  DOCTOR
CANNOT  PROVIDE  A  PSYCHOLOGICAL  DIAGNOSIS,  A NATUROPATHIC DOCTOR MAY
APPLY AND DOCUMENT SUCH DSM OR EQUIVALENT CRITERIA, OR THE ABSENCE THER-
EOF TO DISCERN THIS BOUNDARY OF PROFESSIONAL COMPETENCE, WHICH  DISCERN-
MENT SHALL DEFER TO A DIAGNOSIS BY A QUALIFIED HEALTHCARE PROVIDER.
  D. ALTHOUGH THE IDENTIFICATION OF AN ILLNESS IS PART OF A NATUROPATHIC
ASSESSMENT,  A  NATUROPATHIC  DOCTOR MAY NOT EQUATE SUCH ASSESSMENT TO A
MEDICAL OR PSYCHOLOGICAL DIAGNOSIS, NOR HOLD HIMSELF OR HERSELF  OUT  AS
MAKING  A  MEDICAL  OR PSYCHOLOGICAL DIAGNOSIS.   A NATUROPATHIC DOCTOR,
HOWEVER, MAY USE COMMON DIAGNOSTIC  CODES  (E.G.,  ICD-10  CODES;  DSM-V
CODES)  AND  MAY  REFER TO AN IDENTIFIED ILLNESS IN DISCUSSIONS WITH THE
PATIENT, IN PATIENT HEALTH RECORDS, AND IN COMMUNICATIONS COMPLIANT WITH
THE FEDERAL HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF  1996
(HIPAA).
  3. WHILE THE SCOPE OF ACTIVITIES INCLUDED WITHIN THE PRACTICE OF NATU-
ROPATHIC MEDICINE OVERLAPS IN PART WITH OTHER PROFESSIONS LICENSED UNDER
THIS  TITLE,  THE  NATUROPATHIC DOCTOR SHALL NOT HOLD HERSELF OR HIMSELF
OUT AS PRACTICING ANY SUCH OTHER PROFESSION OR USE A TITLE OF  ANY  SUCH
OTHER PROFESSION, UNLESS OTHERWISE AUTHORIZED UNDER THIS TITLE.
  S  6856.  STATE  BOARD FOR NATUROPATHIC MEDICINE. 1. A STATE BOARD FOR
NATUROPATHIC MEDICINE 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 PROFESSIONAL LICENSING
AND PROFESSIONAL CONDUCT IN ACCORDANCE WITH SECTION  SIXTY-FIVE  HUNDRED
EIGHT OF THIS TITLE. THE BOARD SHALL BE COMPOSED OF TWO PUBLIC REPRESEN-
TATIVES  WHO  DO  NOT  HOLD  INTERESTS IN THE ORGANIZATION, FINANCING OR
DELIVERY OF NATUROPATHIC SERVICES,  ONE  LICENSED  PHYSICIAN  WHO  IS  A
DOCTOR  OF  MEDICINE  OR  A  DOCTOR OF OSTEOPATHY, AND NOT LESS THAN SIX
NATUROPATHIC DOCTORS. A NATUROPATHIC DOCTOR MEMBER OF  THE  BOARD  SHALL
HAVE  BEEN  LICENSED  UNDER THIS ARTICLE FOR AT LEAST TWO YEARS PRIOR TO

A. 10128                           10

BEING APPOINTED, WHICH TWO YEAR LICENSE REQUIREMENT IS  WAIVED  FOR  THE
INITIAL  BOARD  AND  REPLACED  WITH  A REQUIREMENT THAT THE NATUROPATHIC
DOCTOR OBTAIN A LICENSE UNDER THIS ARTICLE WITHIN ONE YEAR  OF  APPOINT-
MENT  OR ONE YEAR OF THE EFFECTIVE DATE OF THIS ARTICLE, WHICHEVER COMES
LATER. 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 FOUR ARE APPOINTED FOR FIVE YEARS. AN EXECUTIVE SECRETARY  OF
THE  BOARD SHALL BE APPOINTED BY THE BOARD OF REGENTS ON THE RECOMMENDA-
TION OF THE COMMISSIONER.
  2. EXAMINATIONS SELECTED OR PREPARED BY THE BOARD PURSUANT TO SUBDIVI-
SION TWO OF SECTION SIXTY-FIVE HUNDRED EIGHT OF THIS TITLE SHALL CONFORM
WHENEVER POSSIBLE TO NATIONALLY RECOGNIZED  TEST  DEVELOPMENT  STANDARDS
AND TEST COMPETENCIES FOR NATUROPATHIC MEDICINE.
  S  6857.  QUALIFICATIONS  FOR  LICENSURE.  TO QUALIFY FOR A LICENSE TO
PRACTICE THE PROFESSION OF NATUROPATHIC  MEDICINE,  AN  APPLICANT  SHALL
FULFILL THE FOLLOWING REQUIREMENTS:
  1. FILE AN APPLICATION WITH THE DEPARTMENT;
  2.  HAVE RECEIVED AN EDUCATION, INCLUDING A DOCTORAL DEGREE IN NATURO-
PATHIC MEDICINE, GRANTED ON THE BASIS OF  COMPLETION  OF  A  PROGRAM  OF
NATUROPATHIC  MEDICINE REGISTERED WITH THE DEPARTMENT OR THE SUBSTANTIAL
EQUIVALENT THEREOF, IN ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS;
  3. FOR APPLICANTS APPLYING MORE THAN TWO  YEARS  AFTER  THE  EFFECTIVE
DATE  OF  THIS  ARTICLE,  HAVE  SATISFACTORILY COMPLETED A POST-GRADUATE
RESIDENCY PROGRAM OF NATUROPATHIC MEDICINE OF  AT  LEAST  TWELVE  MONTHS
DURATION APPROVED BY THE DEPARTMENT, OR THE SUBSTANTIAL EQUIVALENT THER-
EOF, AND IN ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS;
  4.  PASS  AN  EXAMINATION  SATISFACTORY TO THE BOARD AND IN ACCORDANCE
WITH THE COMMISSIONER'S REGULATIONS;
  5. BE AT LEAST TWENTY-ONE YEARS OF AGE;
  6. BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE DEPARTMENT; AND
  7. PAY A FEE OF THREE HUNDRED FIFTY DOLLARS TO THE DEPARTMENT  FOR  AN
INITIAL  LICENSE  AND  A  FEE OF FIVE HUNDRED DOLLARS FOR EACH TRIENNIAL
REGISTRATION PERIOD.
  S 6858. SPECIAL CONDITIONS. 1. AN APPLICANT HAVING RECEIVED, PRIOR  TO
NINETEEN HUNDRED EIGHTY-EIGHT, AN EDUCATION, INCLUDING A DOCTORAL DEGREE
IN  NATUROPATHIC  MEDICINE,  GRANTED  ON  THE  BASIS  OF COMPLETION OF A
PROGRAM OF NATUROPATHIC MEDICINE REGISTERED WITH THE DEPARTMENT  OR  THE
SUBSTANTIAL  EQUIVALENT  THEREOF,  MAY SUBSTITUTE FOR THE EXPERIENCE AND
EXAMINATION QUALIFICATIONS OF SECTION SIXTY-EIGHT HUNDRED FIFTY-SEVEN OF
THIS ARTICLE, EITHER OF: (I) SATISFACTORY EVIDENCE OF PRACTICE OF  NATU-
ROPATHIC  MEDICINE  OF  NOT  LESS THAN THREE YEARS DURING THE FIVE YEARS
PRECEDING THE FILING OF THE APPLICATION; OR (II) PRACTICE UNDER A LIMIT-
ED PERMIT FOR AT LEAST TWO OF THE THREE YEARS PRIOR TO APPLICATION UNDER
THIS ARTICLE.
  2. AN APPLICANT HAVING RECEIVED, PRIOR TO TWO YEARS AFTER  THE  EFFEC-
TIVE  DATE OF THIS ARTICLE, AN EDUCATION, INCLUDING A DOCTORAL DEGREE IN
NATUROPATHIC MEDICINE, GRANTED ON THE BASIS OF COMPLETION OF  A  PROGRAM
OF  NATUROPATHIC MEDICINE REGISTERED WITH THE DEPARTMENT OR THE SUBSTAN-
TIAL EQUIVALENT THEREOF, MAY SUBSTITUTE FOR THE EXPERIENCE QUALIFICATION
OF SECTION SIXTY-EIGHT HUNDRED FIFTY-SEVEN OF THIS ARTICLE,  EITHER  OF:
(I)  SATISFACTORY  EVIDENCE  OF PRACTICE OF NATUROPATHIC MEDICINE OF NOT
LESS THAN THREE YEARS DURING THE FIVE YEARS PRECEDING THE FILING OF  THE
APPLICATION; OR (II) PRACTICE UNDER A LIMITED PERMIT FOR AT LEAST TWO OF
THE THREE YEARS PRIOR TO APPLICATION UNDER THIS ARTICLE.
  3.  THE  "PRACTICE  OF  NATUROPATHIC MEDICINE" AS USED IN THIS SECTION
INCLUDES THE PRACTICE OF NATUROPATHY OR NATUROPATHIC MEDICINE IN A STATE

A. 10128                           11

OR TERRITORY OF THE UNITED STATES, INCLUDING NEW YORK STATE, OR A  CANA-
DIAN  PROVINCE,  WHILE MAINTAINING A PROFESSIONAL LICENSE IN NATUROPATHY
OR NATUROPATHIC MEDICINE ISSUED BY THE SAME OR ANOTHER STATE OR TERRITO-
RY  OR  A  CANADIAN PROVINCE; AND INCLUDES PRACTICE PERFORMED BEFORE AND
AFTER THE EFFECTIVE DATE OF THIS ARTICLE.
  4. PRACTICE DEMONSTRATED BY SATISFACTORY EVIDENCE OF PRACTICE OR BY  A
LIMITED PERMIT, AS PROVIDED IN SUBDIVISIONS ONE AND TWO OF THIS SECTION,
MUST  BE COMPLETE WITHIN EIGHTEEN YEARS AFTER THE EFFECTIVE DATE OF THIS
ARTICLE. APPLICANTS HAVING COMPLETED  THE  PRACTICE  REQUIREMENTS  OF  A
SPECIAL  CONDITION  UNDER  THIS  SECTION  MUST SUBMIT AN APPLICATION FOR
LICENSE BY NINETEEN YEARS AFTER THE EFFECTIVE DATE OF THIS  ARTICLE  AND
MUST  CURE  DEFECTS,  IF  ANY,  IN  THE APPLICATION AS IDENTIFIED BY THE
DEPARTMENT WITHIN A TIME PERIOD INDICATED BY THE DEPARTMENT.
  S 6859. EXEMPT PERSONS AND EXEMPTIONS. NOTHING CONTAINED IN THIS ARTI-
CLE SHALL BE CONSTRUED TO AFFECT OR PREVENT THE FOLLOWING:
  1. A. A LICENSED PHYSICIAN FROM PRACTICING HIS OR  HER  PROFESSION  AS
DEFINED  IN  ARTICLES  ONE  HUNDRED THIRTY-ONE, AS ADDED BY CHAPTER NINE
HUNDRED EIGHTY-SEVEN OF  THE  LAWS  OF  NINETEEN  SEVENTY-ONE,  AND  ONE
HUNDRED THIRTY-ONE-B OF THIS TITLE; A REGISTERED PROFESSIONAL NURSE OR A
CERTIFIED NURSE PRACTITIONER PRACTICING HIS OR HER PROFESSION AS DEFINED
UNDER ARTICLE ONE HUNDRED THIRTY-NINE OF THIS TITLE; OR
  B.  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 NATU-
ROPATHIC DOCTOR, OR AS PERFORMING NATUROPATHY OR NATUROPATHIC MEDICINE.
  2. A STUDENT FROM ENGAGING IN CLINICAL PRACTICE UNDER SUPERVISION OF A
LICENSED NATUROPATHIC DOCTOR AS PART OF A PROGRAM OF NATUROPATHIC  MEDI-
CINE REGISTERED BY THE DEPARTMENT OR THE SUBSTANTIAL EQUIVALENT THEREOF.
  3. THE PRACTICE OF NATUROPATHIC MEDICINE BY A SALARIED EMPLOYEE OF THE
GOVERNMENT  OF  THE UNITED STATES WHILE THE INDIVIDUAL IS ENGAGED IN THE
PERFORMANCE OF DUTIES PRESCRIBED BY THE  LAWS  AND  REGULATIONS  OF  THE
UNITED STATES.
  4.  THE  DOMESTIC  CARE OF THE SICK, DISABLED OR INJURED BY ANY FAMILY
MEMBER, HOUSEHOLD MEMBER OR FRIEND, OR PERSON EMPLOYED  PRIMARILY  IN  A
DOMESTIC  CAPACITY  WHO  DOES NOT HOLD HIMSELF OR HERSELF OUT, OR ACCEPT
EMPLOYMENT AS A PERSON LICENSED TO PRACTICE NATUROPATHIC MEDICINE  UNDER
THE PROVISIONS OF THIS ARTICLE.
  5.  THE  CARE OF THE SICK WHEN DONE IN CONNECTION WITH THE PRACTICE OF
THE RELIGIOUS TENETS OF ANY CHURCH.
  6. THE MARKETING, SALE OR USE OF SUBSTANCES OR DEVICES GOVERNED BY THE
FEDERAL FOOD, DRUG, AND COSMETIC ACT THAT DO NOT REQUIRE A  PRESCRIPTION
FROM A QUALIFIED HEALTHCARE PROVIDER.
  7.  THE  CONDUCT,  ACTIVITIES,  OR  SERVICES OF INDIVIDUALS, CHURCHES,
SCHOOLS,  TEACHERS,  ORGANIZATIONS,  OR  NOT-FOR-PROFIT  BUSINESSES   IN
PROVIDING INSTRUCTION, ADVICE, SUPPORT, ENCOURAGEMENT, OR INFORMATION TO
INDIVIDUALS, FAMILIES, AND RELATIONAL GROUPS.
  S  6860. LIMITED RESIDENCY PERMITS. 1. FOR ISSUANCE OF A LIMITED RESI-
DENCY PERMIT, THE APPLICANT SHALL FULFILL THE FOLLOWING REQUIREMENTS:
  A. FILE AN APPLICATION WITH THE DEPARTMENT;
  B. HAVE RECEIVED AN EDUCATION, INCLUDING A DOCTORAL DEGREE IN  NATURO-
PATHIC  MEDICINE,  GRANTED  ON  THE  BASIS OF COMPLETION OF A PROGRAM OF
NATUROPATHIC MEDICINE REGISTERED WITH THE DEPARTMENT OR THE  SUBSTANTIAL
EQUIVALENT THEREOF;
  C.  HAVE BEEN ACCEPTED INTO A POST-GRADUATE RESIDENCY PROGRAM OF NATU-
ROPATHIC MEDICINE APPROVED BY THE DEPARTMENT;
  D. BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE DEPARTMENT;

A. 10128                           12

  E. BE AT LEAST TWENTY-ONE YEARS OF AGE; AND
  F.  PAY  A  FEE  TO  THE  DEPARTMENT  OF ONE HUNDRED DOLLARS, OR FOR A
RENEWAL A FEE OF FIFTY DOLLARS.
  2. SUCH PERMIT SHALL ALLOW THE PERMIT HOLDER TO  PERFORM  SUCH  ACTIV-
ITIES  THAT  ARE  REQUIRED  FOR  SUCCESSFUL  COMPLETION OF THE RESIDENCY
PROGRAM UNDER THE ADMINISTRATIVE SUPERVISION OF A LICENSED  NATUROPATHIC
DOCTOR  SERVING  AS  THE RESIDENCY DIRECTOR. PRACTICE ACTIVITIES UNDER A
LIMITED RESIDENCY PERMIT SHALL BE LIMITED TO FACILITIES  ENCOMPASSED  BY
THE  POST-GRADUATE  RESIDENCY  PROGRAM  OF  THE PERMIT HOLDER, SUCH AS A
HOSPITAL, AN INCORPORATED HOSPITAL OR  CLINIC,  A  LICENSED  PROPRIETARY
HOSPITAL,  A LICENSED NURSING HOME, A PUBLIC HEALTH AGENCY, A RECOGNIZED
PUBLIC OR NON-PUBLIC SCHOOL SETTING, THE OFFICE OF  A  LICENSED  NATURO-
PATHIC  DOCTOR, OR IN THE CIVIL SERVICE OF THE STATE OR POLITICAL SUBDI-
VISION THEREOF.   PRACTICE SUPERVISION OF  A  PERMIT  HOLDER'S  PRACTICE
ACTIVITIES  SHALL  BE  ON-SITE  SUPERVISION  BY  A LICENSED NATUROPATHIC
DOCTOR, EXCEPT FOR INJECTION THERAPY PROCEDURES, WHICH SHALL  BE  DIRECT
PERSONAL  SUPERVISION BY A LICENSED PHYSICIAN OR A LICENSED NATUROPATHIC
DOCTOR HAVING INJECTION THERAPY PRIVILEGE. "DIRECT PERSONAL SUPERVISION"
FOR THE PURPOSES OF THIS SECTION MEANS SUPERVISION OF  A  PROCEDURE  FOR
INJECTION  THERAPY BASED ON INSTRUCTIONS GIVEN DIRECTLY BY THE SUPERVIS-
ING PHYSICIAN OR SUPERVISING NATUROPATHIC DOCTOR  WHO  REMAINS  ON  SITE
WHEN  AND  WHERE  THE  PROCEDURE  IS  BEING  PERFORMED, BUT SHALL NOT BE
CONSTRUED AS NECESSARILY REQUIRING THE PHYSICAL PRESENCE OF  THE  SUPER-
VISING  PHYSICIAN  OR  SUPERVISING  NATUROPATHIC DOCTOR IN THE IMMEDIATE
AREA AT THE TIME WHEN THE INJECTION THERAPY PROCEDURE IS PERFORMED.
  3. SUCH PERMIT SHALL BE ISSUED FOR ONE YEAR AND MAY BE RENEWED AT  THE
DISCRETION OF THE DEPARTMENT FOR ONE OR TWO ADDITIONAL YEARS WHEN NECES-
SARY  TO PERMIT THE COMPLETION OF AN APPROVED POST-GRADUATE RESIDENCY IN
NATUROPATHIC MEDICINE.
  S 6861. LIMITED PERMITS. 1. FOR ISSUANCE  OF  A  LIMITED  PERMIT,  THE
APPLICANT SHALL FULFILL THE FOLLOWING REQUIREMENTS:
  A. FILE AN APPLICATION WITH THE DEPARTMENT;
  B.  HAVE RECEIVED AN EDUCATION, INCLUDING A DOCTORAL DEGREE IN NATURO-
PATHIC MEDICINE, GRANTED ON THE BASIS OF  COMPLETION  OF  A  PROGRAM  OF
NATUROPATHIC  MEDICINE REGISTERED WITH THE DEPARTMENT OR THE SUBSTANTIAL
EQUIVALENT THEREOF;
  C. INDICATE EXERCISING OPTION TO ATTAIN QUALIFICATIONS  FOR  LICENSURE
USING  A  LIMITED  PERMIT  SPECIAL  CONDITION  UNDER SECTION SIXTY-EIGHT
HUNDRED FIFTY-EIGHT OF THIS ARTICLE;
  D. BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE DEPARTMENT;
  E. BE AT LEAST TWENTY-ONE YEARS OF AGE; AND
  F. PAY A FEE OF TWO HUNDRED DOLLARS TO THE DEPARTMENT.
  2. SUCH LIMITED PERMIT SHALL AUTHORIZE THE  PRACTICE  OF  NATUROPATHIC
MEDICINE  ONLY  UNDER THE SUPERVISION OF A LICENSED NATUROPATHIC DOCTOR.
SUPERVISION OF THE LIMITED PERMIT HOLDER'S PRACTICE ACTIVITIES SHALL  BE
ON-SITE SUPERVISION BY A LICENSED NATUROPATHIC DOCTOR.
  3. A LIMITED PERMIT SHALL BE ISSUED FOR A PERIOD OF TWO YEARS, AND MAY
BE  RENEWED UNDER CIRCUMSTANCES AND FOR A TIME PERIOD AND FEE IN ACCORD-
ANCE WITH THE COMMISSIONER'S REGULATIONS.
  4. THE LAST DAY FOR APPLYING FOR A LIMITED PERMIT UNDER  THIS  SECTION
IS FIFTEEN YEARS AFTER THE EFFECTIVE DATE OF THIS SECTION.
  S 6862. MANDATORY CONTINUING EDUCATION. 1. A. EACH NATUROPATHIC DOCTOR
LICENSED PURSUANT TO THIS ARTICLE, REQUIRED TO REGISTER TRIENNIALLY WITH
THE  DEPARTMENT  TO  PRACTICE  IN  THIS  STATE  SHALL  COMPLY  WITH  THE
PROVISIONS OF THE MANDATORY CONTINUING EDUCATION REQUIREMENTS PRESCRIBED
IN SUBDIVISION TWO OF THIS SECTION, EXCEPT AS PROVIDED IN  PARAGRAPHS  B

A. 10128                           13

AND  C  OF THIS SUBDIVISION. NATUROPATHIC DOCTORS WHO DO NOT SATISFY THE
MANDATORY CONTINUING EDUCATION REQUIREMENTS  SHALL  NOT  PRACTICE  UNTIL
THEY  HAVE  MET SUCH REQUIREMENTS, AND THEY HAVE BEEN ISSUED A REGISTRA-
TION CERTIFICATE, EXCEPT THAT A NATUROPATHIC DOCTOR MAY PRACTICE WITHOUT
HAVING MET SUCH REQUIREMENTS IF HE OR SHE IS ISSUED A CONDITIONAL REGIS-
TRATION PURSUANT TO SUBDIVISION THREE OF THIS SECTION.
  B.  NATUROPATHIC DOCTORS SHALL BE EXEMPT FROM THE MANDATORY CONTINUING
EDUCATION REQUIREMENT FOR THE TRIENNIAL REGISTRATION PERIOD DURING WHICH
THEY ARE FIRST LICENSED. IN ACCORD WITH  THE  INTENT  OF  THIS  SECTION,
ADJUSTMENTS  TO  THE  MANDATORY CONTINUING EDUCATION REQUIREMENTS MAY BE
GRANTED BY THE DEPARTMENT FOR REASONS OF HEALTH CERTIFIED BY  AN  APPRO-
PRIATE 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 NATUROPATHIC DOCTOR NOT ENGAGED  IN  PROFESSIONAL  PRAC-
TICE, AS DETERMINED BY THE DEPARTMENT, SHALL BE EXEMPT FROM THE MANDATO-
RY  CONTINUING EDUCATION REQUIREMENT UPON THE FILING OF A STATEMENT WITH
THE DEPARTMENT DECLARING SUCH STATUS. ANY LICENSEE WHO  RETURNS  TO  THE
PRACTICE  OF  NATUROPATHIC  MEDICINE  DURING  THE TRIENNIAL REGISTRATION
PERIOD SHALL NOTIFY THE DEPARTMENT PRIOR TO  REENTERING  THE  PROFESSION
AND  SHALL  MEET  SUCH  MANDATORY  EDUCATION  REQUIREMENTS  AS  SHALL BE
PRESCRIBED BY REGULATIONS OF THE COMMISSIONER.
  2. DURING EACH TRIENNIAL REGISTRATION PERIOD AN APPLICANT  FOR  REGIS-
TRATION  SHALL  COMPLETE  SIXTY  HOURS  OF  ACCEPTABLE FORMAL CONTINUING
EDUCATION. ANY LICENSED NATUROPATHIC  DOCTOR  WHOSE  FIRST  REGISTRATION
DATE FOLLOWING THE EFFECTIVE DATE OF THIS SECTION OCCURS LESS THAN THREE
YEARS  FROM  SUCH  EFFECTIVE  DATE,  SHALL COMPLETE CONTINUING EDUCATION
HOURS ON A PRORATED BASIS AT THE RATE OF  ONE  AND  ONE-HALF  HOURS  PER
MONTH  FOR THE NUMBER OF MONTHS BETWEEN THE EFFECTIVE DATE AND THE FIRST
REGISTRATION DATE.  THEREAFTER, A LICENSEE WHO  HAS  NOT  SATISFIED  THE
MANDATORY CONTINUING EDUCATION REQUIREMENTS SHALL NOT BE ISSUED A TRIEN-
NIAL  REGISTRATION  CERTIFICATE BY THE DEPARTMENT AND SHALL NOT PRACTICE
UNLESS AND UNTIL A CONDITIONAL REGISTRATION  CERTIFICATE  IS  ISSUED  AS
PROVIDED  IN SUBDIVISION THREE OF THIS SECTION.  THE INDIVIDUAL LICENSEE
SHALL DETERMINE THE SELECTION OF COURSES OR PROGRAMS OF  STUDY  PURSUANT
TO  SUBDIVISION  FOUR  OF THIS SECTION. CONTINUING EDUCATION HOURS TAKEN
DURING ONE TRIENNIUM MAY NOT BE CARRIED OVER OR  OTHERWISE  CREDITED  OR
TRANSFERRED TO A SUBSEQUENT TRIENNIUM.
  3.  THE  DEPARTMENT, IN ITS DISCRETION, MAY ISSUE A CONDITIONAL REGIS-
TRATION TO A  LICENSEE  WHO  FAILS  TO  MEET  THE  CONTINUING  EDUCATION
REQUIREMENTS  ESTABLISHED  IN  SUBDIVISION  TWO  OF THIS SECTION BUT WHO
AGREES TO MAKE UP ANY DEFICIENCIES AND  TAKE  ANY  ADDITIONAL  EDUCATION
WHICH  THE DEPARTMENT MAY REQUIRE. THE FEE FOR SUCH A CONDITIONAL REGIS-
TRATION SHALL BE THE SAME AS, AND IN ADDITION TO, THE FEE FOR THE TRIEN-
NIAL 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
COMPLETE  THE REQUIRED CONTINUED EDUCATION AND WHO CONTINUES TO PRACTICE
NATUROPATHIC MEDICINE WITHOUT SUCH REGISTRATION,  SHALL  BE  SUBJECT  TO
DISCIPLINARY  PROCEEDINGS  PURSUANT TO SECTION SIXTY-FIVE HUNDRED TEN OF
THIS TITLE.
  4. AS USED IN THIS SECTION, "ACCEPTABLE FORMAL  CONTINUING  EDUCATION"
SHALL  MEAN  FORMAL  PROGRAMS  OF  LEARNING WHICH CONTAIN SUBJECT MATTER
WHICH MEET THE FOLLOWING REQUIREMENTS: CONTRIBUTES TO THE ENHANCEMENT OF
PROFESSIONAL AND CLINICAL SKILLS OF THE NATUROPATHIC DOCTOR;  MEETS  THE
STANDARDS  PRESCRIBED BY REGULATIONS OF THE COMMISSIONER IN CONSULTATION

A. 10128                           14

WITH THE BOARD TO FULFILL THE MANDATORY  CONTINUING  EDUCATION  REQUIRE-
MENT;  AND  IS  SPONSORED OR PRESENTED BY A STATE OR A CANADIAN PROVINCE
NATUROPATHIC  MEDICINE  PROFESSIONAL  ORGANIZATION  ACCEPTABLE  TO   THE
DEPARTMENT,  A  UNITED STATES OR CANADIAN NATIONAL NATUROPATHIC MEDICINE
PROFESSIONAL ORGANIZATION ACCEPTABLE TO THE DEPARTMENT,  AN  INSTITUTION
OF HIGHER LEARNING HAVING AN ACCREDITATION ACCEPTABLE TO THE DEPARTMENT,
OR  ANOTHER  SPONSOR  APPROVED  BY THE DEPARTMENT, PURSUANT TO THE REGU-
LATION OF THE COMMISSIONER. CONTINUING EDUCATION COURSES MUST  BE  TAKEN
FROM  A  PROVIDER WHO HAS BEEN APPROVED BY THE DEPARTMENT, BASED UPON AN
APPLICATION AND FEE, PURSUANT TO THE REGULATIONS  OF  THE  COMMISSIONER.
THE DEPARTMENT MAY, IN ITS DISCRETION AND AS NEEDED TO CONTRIBUTE TO THE
HEALTH  AND  WELFARE OF THE PUBLIC, REQUIRE THE COMPLETION OF CONTINUING
EDUCATION ACTIVITIES IN SPECIFIC  SUBJECTS  TO  FULFILL  THIS  MANDATORY
CONTINUING EDUCATION REQUIREMENT.
  5. LICENSED NATUROPATHIC DOCTORS SHALL MAINTAIN ADEQUATE DOCUMENTATION
OF  COMPLETION  OF  ACCEPTABLE  FORMAL  CONTINUING  EDUCATION  AND SHALL
PROVIDE SUCH DOCUMENTATION TO THE DEPARTMENT UPON  REQUEST.  FAILURE  TO
PROVIDE  SUCH  DOCUMENTATION  UPON REQUEST OF THE DEPARTMENT SHALL BE AN
ACT OF  MISCONDUCT  SUBJECT  TO  DISCIPLINARY  PROCEEDINGS  PURSUANT  TO
SECTION SIXTY-FIVE HUNDRED TEN OF THIS TITLE.
  6.  THE  MANDATORY  CONTINUING  EDUCATION  FEE SHALL BE FIFTY DOLLARS,
SHALL BE PAYABLE ON OR BEFORE THE FIRST DAY OF EACH TRIENNIAL  REGISTRA-
TION  PERIOD, AND SHALL BE IN ADDITION TO THE TRIENNIAL REGISTRATION FEE
REQUIRED BY SECTION SIXTY-EIGHT HUNDRED FIFTY-SEVEN OF THIS ARTICLE.
  S 3. Subdivision (a) of section 1203 of the limited liability  company
law,  as  amended by chapter 554 of the laws of 2013, 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 138 OF THE EDUCATION LAW, EACH MEMBER OF SUCH LIMITED
LIABILITY COMPANY MUST BE LICENSED PURSUANT TO ARTICLE 138 OF THE EDUCA-
TION 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 educa-
tion  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,

A. 10128                           15

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
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 applied behavior analysis services as such services are  defined
in article 167 of the education law, each member of such limited liabil-
ity company must be licensed or certified pursuant to article 167 of the
education  law  to  practice applied behavior analysis 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 divi-
sion of the supreme court or the court of appeals.
  S 3-a. Subdivision (a) of section 1203 of the limited liability compa-
ny law, as amended by chapter 475 of the laws of  2014,  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
professional service limited liability company formed to provide medical

A. 10128                           16

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 138 OF THE EDUCATION LAW, EACH MEMBER OF SUCH LIMITED
LIABILITY COMPANY MUST BE LICENSED PURSUANT TO ARTICLE 138 OF THE EDUCA-
TION  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 educa-
tion 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,   landscape
architectural and/or geological 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 crea-
tive  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
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  profes-
sional 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  applied behavior analysis services as such services
are defined in article 167 of the education law,  each  member  of  such
limited  liability  company  must  be  licensed or certified pursuant to
article 167 of the education law to practice applied  behavior  analysis
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

A. 10128                           17

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  amended by chapter 554 of the laws of 2013, 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 138 OF THE EDUCATION LAW, EACH
MEMBER OF SUCH LIMITED LIABILITY COMPANY MUST BE  LICENSED  PURSUANT  TO
ARTICLE  138 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
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

A. 10128                           18

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 applied behavior analysis services as such services are  defined
in article 167 of the education law, each member of such limited liabil-
ity company must be licensed or certified pursuant to article 167 of the
education law to practice applied behavior analysis in this state.
  S 4-a. Subdivision (b) of section 1207 of the limited liability compa-
ny  law,  as  amended  by chapter 475 of the laws of 2014, 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 138 OF THE EDUCATION LAW, EACH
MEMBER OF SUCH LIMITED LIABILITY COMPANY MUST BE  LICENSED  PURSUANT  TO
ARTICLE  138 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,  land-
scape  architectural  and/or  geological  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

A. 10128                           19

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  applied behavior analysis services as such
services are defined in article 167 of the education law, each member of
such limited liability company must be licensed or certified pursuant to
article 167 of the education law to practice applied  behavior  analysis
in this state.
  S  5. Subdivision (a) of section 1301 of the limited liability company
law, as amended by chapter 554 of the laws of 2013, 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 PROFESSIONAL SERVICE LIMITED LIABILITY COMPANY  FORMED
TO PROVIDE NATUROPATHIC SERVICES AS SUCH SERVICES ARE DEFINED IN ARTICLE
138  OF THE EDUCATION LAW, EACH MEMBER OF SUCH LIMITED LIABILITY COMPANY
MUST BE LICENSED PURSUANT TO ARTICLE 138 OF THE EDUCATION LAW  TO  PRAC-
TICE  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 prac-
tice 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  medi-
cine  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

A. 10128                           20

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. With respect to a foreign professional service limited  liability
company  which  provides  applied  behavior  analysis  services  as such
services are defined in article 167 of the education law, each member of
such foreign professional service  limited  liability  company  must  be
licensed  or  certified  pursuant to article 167 of the education law to
practice applied behavior analysis in this state.
  S 5-a. Subdivision (a) of section 1301 of the limited liability compa-
ny law, as amended by chapter 475 of the laws of  2014,  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

A. 10128                           21

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 PROFESSIONAL SERVICE LIMITED LIABILITY COMPANY  FORMED
TO PROVIDE NATUROPATHIC SERVICES AS SUCH SERVICES ARE DEFINED IN ARTICLE
138  OF THE EDUCATION LAW, EACH MEMBER OF SUCH LIMITED LIABILITY COMPANY
MUST BE LICENSED PURSUANT TO ARTICLE 138 OF THE EDUCATION LAW  TO  PRAC-
TICE  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 prac-
tice 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  medi-
cine  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,   geologic,   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 profes-
sional 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 profes-
sional 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 crea-
tive 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 educa-
tion 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

A. 10128                           22

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 which provides applied behavior analy-
sis services as such services are defined in article 167 of  the  educa-
tion  law,  each  member  of  such  foreign professional service limited
liability company must be licensed or certified pursuant to article  167
of  the  education  law  to  practice  applied behavior analysis in this
state.
  S 6. Subdivision (q) of section 121-1500 of the  partnership  law,  as
amended  by  chapter  554  of  the  laws  of 2013, 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
138 OF THE EDUCATION LAW TO PRACTICE NATUROPATHY  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  applied  behavior  analysis
service in this state must be licensed or certified pursuant to  article
167  of  the education law to practice applied behavior analysis in this
state.

A. 10128                           23

  S 6-a. Subdivision (q) of section 121-1500 of the partnership law,  as
amended  by  chapter  475  of  the  laws  of 2014, 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
138  OF  THE  EDUCATION  LAW TO PRACTICE NATUROPATHY 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,  geological  services,
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  clin-
ical  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 creative 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 arti-
cle 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 regis-
tered limited liability partnership formed to provide  applied  behavior
analysis service in this state must be licensed or certified pursuant to
article  167  of the education law to practice applied behavior analysis
in this state.
  S 7. Subdivision (q) of section 121-1502 of the  partnership  law,  as
amended  by  chapter  554  of  the  laws  of 2013, 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 138  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

A. 10128                           24

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
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 applied  behavior
analysis  services  in this state must be licensed or certified pursuant
to article 167 of the education law to practice applied behavior  analy-
sis in this state.
  S  7-a. Subdivision (q) of section 121-1500 of the partnership law, as
amended by chapter 475 of the laws  of  2014,  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 138  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, geological services, architectural and/or land-
scape 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  partnership  which provides licensed clinical social
work services in this state must be licensed pursuant to article 154  of
the  education  law  to  practice  licensed clinical social work in this
state. Each partner of a foreign  limited  liability  partnership  which
provides  creative  arts therapy 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 part-
nership  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 liability partnership which provides mental health coun-

A. 10128                           25

seling 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 arti-
cle  163  of the education law to practice psychoanalysis in this state.
Each partner of a foreign limited liability partnership  which  provides
applied  behavior  analysis  services  in this state must be licensed or
certified pursuant to article 167  of  the  education  law  to  practice
applied behavior analysis in this state.
  S  8.  Paragraph  (a)  of  subdivision  1 of section 413 of the social
services law, as separately amended by chapters 126 and 205 of the  laws
of 2014, 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; NATUROPATHIC DOCTOR;
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;  licensed  behavior analyst; certified behavior
analyst assistant; hospital personnel engaged in the admission, examina-
tion, care or treatment of persons; a  Christian  Science  practitioner;
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; full or part-
time compensated school employee required to hold a  temporary  coaching
license  or  professional  coaching 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; employee
or  volunteer  in  a  residential  care  facility  for  children that is
licensed, certified or operated by the office  of  children  and  family
services;  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. Subdivision 6 of section 571 of the public health law, as amended
by chapter 444 of the laws of 2013, is amended to read as follows:
  6. "Qualified health care professional" means  a  physician,  dentist,
podiatrist, NATUROPATHIC DOCTOR, optometrist performing a clinical labo-
ratory test that does not use an invasive modality as defined in section
seventy-one  hundred  one  of  the  education  law, physician assistant,
specialist assistant, nurse practitioner, or midwife,  who  is  licensed
and registered with the state education department.

A. 10128                           26

  S  10. Subdivision 1 of section 585 of the public health law, as added
by chapter 803 of the laws of 1992, is amended to read as follows:
  1.  "Health  services  purveyor"  means any person, firm, partnership,
group, association, corporation  or  professional  corporation,  or  any
agent,  employee, fiduciary, employer or representative thereof, includ-
ing but not limited to a physician,  dentist,  podiatrist,  NATUROPATHIC
DOCTOR or chiropractor, either in individual practice, group practice or
employed  in  a  facility owned by any person, group, association, firm,
partnership or corporation hiring any of the aforementioned  practition-
ers, who provide health or health related services.
  S  11.  This  act  shall  take effect on the five hundred fortieth day
after it shall have become a law; provided however, that:
  a. section eight of this act shall take effect  immediately;  provided
however that;
  b.  the  amendments  to subdivision (a) of section 1203 of the limited
liability company law made by section three-a of  this  act  shall  take
effect  on the same date and in the same manner as section twenty-one of
chapter 475 of the laws of 2014, takes effect;
  c. the amendments to subdivision (a) of section 1207  of  the  limited
liability  company  law  made  by  section four-a of this act shall take
effect on the same date and in the same manner as section twenty-two  of
chapter 475 of the laws of 2014, takes effect;
  d.  the  amendments  to subdivision (a) of section 1301 of the limited
liability company law made by section five-a  of  this  act  shall  take
effect  on  the same date and in the same manner as section twenty-three
of chapter 475 of the laws of 2014, takes effect;
  e. the amendments to subdivision (q) of section 121-1500 of the  part-
nership  law  made by section six-a of this act shall take effect on the
same date and in the same manner as section twenty-six of chapter 475 of
the laws of 2014, takes effect;
  f. the amendments to subdivision (q) of section 121-1502 of the  part-
nership law made by section seven-a of this act shall take effect on the
same  date and in the same manner as section twenty-seven of chapter 475
of the laws of 2014, takes effect;
  g. the provisions of section 6854 of the education law,  as  added  by
section two of this act, shall take effect two years after the effective
date of this act;
  h.  the  provisions  of section 6856 of the education law, as added by
section two of this act, shall expire and be deemed repealed  ten  years
after the effective date of this act;
  i.  the  provisions of sections 6858 and 6861 of the education law, as
added by section two of this act, shall expire and  be  deemed  repealed
twenty years after the effective date of this act;
  j.  the  provisions  of section 6862 of the education law, as added by
section two of this act, shall take effect three years after the  effec-
tive date of this act; and
  k. effective immediately, 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.