S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4291
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             February 8, 2017
                                ___________
 
 Introduced  by  Sen.  FUNKE  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Corporations,  Authorities
   and Commissions
 
 AN  ACT  to amend the limited liability company law, the business corpo-
   ration law, the partnership law, the public health law and the  educa-
   tion  law,  in  relation  to allowing doctors of chiropractic licensed
   under title VIII, article 132 of the education  law  to  form  limited
   liability companies
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1.  Subdivision (a) of section 1203 of the  limited  liability
 company  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 profes-
 sional service limited  liability  company  formed  to  provide  medical
 services  as  such  services are defined in article 131 of the education
 law, each member of such limited  liability  company  must  be  licensed
 pursuant  to  article  131  of the education law to practice medicine in
 this state. With respect to a  professional  service  limited  liability
 company  formed  to provide dental services as such services are defined
 in article 133 of the education law, each member of such limited liabil-
 ity company must be licensed pursuant to article 133  of  the  education
 law  to practice dentistry in this state. With respect to a professional
 service limited liability company formed to provide veterinary  services
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD09388-01-7

 S. 4291                             2
 
 as  such  services are defined in article 135 of the education law, each
 member of such limited liability company must be  licensed  pursuant  to
 article 135 of the education law to practice veterinary medicine in this
 state.  With respect to a professional service limited liability company
 formed to provide professional engineering,  land  surveying,  architec-
 tural,  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 creative arts therapy services as such services  are  defined
 in article 163 of the education law, each member of such limited liabil-
 ity  company  must  be licensed pursuant to article 163 of the education
 law to practice creative arts therapy in this state. With respect  to  a
 professional   service  limited  liability  company  formed  to  provide
 marriage and family therapy services as such  services  are  defined  in
 article  163 of the education law, each member of such limited liability
 company must be licensed pursuant to article 163 of the education law to
 practice marriage and family therapy in this state. With  respect  to  a
 professional  service limited liability company formed to provide mental
 health counseling services as such services are defined in  article  163
 of the education law, each member of such limited liability company must
 be  licensed  pursuant  to  article 163 of the education law to practice
 mental health counseling in this state. With respect to  a  professional
 service  limited  liability  company  formed  to  provide psychoanalysis
 services as such services are defined in article 163  of  the  education
 law,  each  member  of  such  limited liability company must be licensed
 pursuant to article 163 of the education law to practice  psychoanalysis
 in  this state. With respect to a professional service limited liability
 company formed to provide 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
 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. NOTWITHSTANDING ANY  OTHER  PROVISION  OF  THIS  SECTION,  WITH
 RESPECT  TO  A  LIMITED  LIABILITY COMPANY FORMED TO PROVIDE INTEGRATED,
 MULTIDISCIPLINARY MEDICAL AND CHIROPRACTIC SERVICES,  AS  SUCH  SERVICES
 ARE  RESPECTIVELY  DEFINED  UNDER  ARTICLES 131 AND 132 OF THE EDUCATION
 LAW, (I) EACH MEMBER OF SUCH LIMITED LIABILITY COMPANY MUST BE  LICENSED
 PURSUANT  TO ARTICLE 131 OR ARTICLE 132 OF THE EDUCATION LAW TO PRACTICE

 S. 4291                             3
 
 HIS OR HER PROFESSION IN THIS STATE, (II) EACH MEMBER SHALL  ONLY  PRAC-
 TICE HIS OR HER PROFESSION AS SPECIFIED IN HIS OR HER RESPECTIVE PROFES-
 SIONAL  ENABLING  STATUTE UNDER ARTICLE 131 OR ARTICLE 132 OF THE EDUCA-
 TION  LAW,  AND (III) THE CLINICAL INTEGRATION OF PROFESSIONAL PRACTICES
 WITHIN AN INTEGRATED,  MULTIDISCIPLINARY  ENTITY  ORGANIZED  UNDER  THIS
 SECTION  DOES  NOT ALTER, EXPAND OR CURTAIL THE SCOPE OF PRACTICE OF ANY
 OF THE INDIVIDUALS LICENSED UNDER THE STATUTE OF HIS OR  HER  RESPECTIVE
 PROFESSIONAL  ENABLING  LAW,  PROVIDED  THAT: (A) THE CLINICAL JUDGMENT,
 MANAGEMENT AND CLINICAL DECISION-MAKING  OF  ONE  OR  MORE  ARTICLE  131
 PROVIDERS  IN  AN  INTEGRATED,  MULTIDISCIPLINARY  PROFESSIONAL  SERVICE
 LIMITED LIABILITY COMPANY SHALL BE  CONTROLLING,  (B)  MEMBERS  LICENSED
 UNDER ARTICLE 132 OF THE EDUCATION LAW, SHALL NOT, DIRECTLY OR INDIRECT-
 LY, INTERFERE WITH THE CLINICAL JUDGMENT OR LEGITIMATE CLINICAL PRACTICE
 OF  A  PROFESSIONAL  LICENSED  UNDER  ARTICLE  131,  AND (C) INDIVIDUALS
 LICENSED UNDER ARTICLE 131  MAY  NOT  ORDER  OR  DIRECT  A  PROFESSIONAL
 LICENSED  UNDER  ARTICLE 132 OF THE EDUCATION LAW TO PRACTICE BEYOND THE
 SCOPE OF HIS OR HER LICENSE UNDER ARTICLE 132 OF THE EDUCATION LAW, EVEN
 IF SUPERVISED DIRECTLY OR INDIRECTLY BY A  PROFESSIONAL  LICENSED  UNDER
 ARTICLE 131.
   §  2. Subdivision (b) of section 1207 of the limited liability company
 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  dental  services  as  such
 services are defined in article 133 of the education law, each member of
 such  limited liability company must be licensed pursuant to article 133
 of the education law to practice dentistry in this state.  With  respect
 to  a  professional  service limited liability company formed to provide
 veterinary services as such services are defined in article 135  of  the
 education  law,  each  member  of such limited liability company must be
 licensed pursuant to article 135 of the education law to practice veter-
 inary 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 limit-
 ed 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 clin-
 ical 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 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

 S. 4291                             4
 
 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 arti-
 cle  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.  NOTWITHSTANDING ANY
 OTHER PROVISION OF THIS SECTION, WITH RESPECT TO A PROFESSIONAL  SERVICE
 LIMITED  LIABILITY  COMPANY FORMED TO PROVIDE INTEGRATED, MULTIDISCIPLI-
 NARY MEDICAL AND CHIROPRACTIC SERVICES, AS SUCH SERVICES ARE RESPECTIVE-
 LY DEFINED UNDER ARTICLES 131 AND 132 OF THE  EDUCATION  LAW,  (I)  EACH
 MEMBER  OF  SUCH  LIMITED LIABILITY COMPANY MUST BE LICENSED PURSUANT TO
 ARTICLE 131 OR ARTICLE 132 OF THE EDUCATION LAW TO PRACTICE HIS  OR  HER
 PROFESSION  IN  THIS  STATE, (II) EACH MEMBER SHALL ONLY PRACTICE HIS OR
 HER PROFESSION AS SPECIFIED IN HIS OR HER RESPECTIVE PROFESSIONAL ENABL-
 ING STATUTE UNDER ARTICLE 131 OR ARTICLE 132 OF THE EDUCATION  LAW,  AND
 (III) THE CLINICAL INTEGRATION OF PROFESSIONAL PRACTICES WITHIN AN INTE-
 GRATED,  MULTIDISCIPLINARY  ENTITY ORGANIZED UNDER THIS SECTION DOES NOT
 ALTER, EXPAND OR CURTAIL THE SCOPE OF PRACTICE OF ANY OF THE INDIVIDUALS
 LICENSED UNDER THE STATUTE OF HIS OR HER RESPECTIVE PROFESSIONAL  ENABL-
 ING  LAW, PROVIDED THAT: (A) THE CLINICAL JUDGMENT, MANAGEMENT AND CLIN-
 ICAL DECISION-MAKING OF ONE OR MORE ARTICLE 131 PROVIDERS  IN  AN  INTE-
 GRATED, MULTIDISCIPLINARY PROFESSIONAL SERVICE LIMITED LIABILITY COMPANY
 SHALL  BE  CONTROLLING,  (B)  MEMBERS  LICENSED UNDER ARTICLE 132 OF THE
 EDUCATION LAW, SHALL NOT, DIRECTLY OR  INDIRECTLY,  INTERFERE  WITH  THE
 CLINICAL  JUDGMENT  OR  LEGITIMATE  CLINICAL  PRACTICE OF A PROFESSIONAL
 LICENSED UNDER ARTICLE 131, AND (C) INDIVIDUALS LICENSED  UNDER  ARTICLE
 131 MAY NOT ORDER OR DIRECT A PROFESSIONAL LICENSED UNDER ARTICLE 132 OF
 THE  EDUCATION  LAW  TO  PRACTICE BEYOND THE SCOPE OF HIS OR HER LICENSE
 UNDER ARTICLE 132 OF THE EDUCATION LAW, EVEN IF SUPERVISED  DIRECTLY  OR
 INDIRECTLY BY A PROFESSIONAL LICENSED UNDER ARTICLE 131.
   §  3. Subdivision (a) of section 1301 of the limited liability company
 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

 S. 4291                             5
 
 professional service limited liability company or a predecessor  entity,
 or  will  engage  in the practice of such profession in the professional
 service limited liability company within thirty days of  the  date  such
 professional  becomes  a  member,  or  (ii)  authorized by, or holding a
 license, certificate, registration or permit  issued  by  the  licensing
 authority  pursuant  to,  the  education  law  to  render a professional
 service within this state; except that all members and managers, if any,
 of  a  foreign  professional  service  limited  liability  company  that
 provides  health services in this state shall be licensed in this state.
 With respect to a foreign professional service limited liability company
 which provides veterinary services as such services are defined in arti-
 cle 135 of the education law, each member of such  foreign  professional
 service  limited liability company shall be licensed pursuant to article
 135 of the education law to practice veterinary medicine.  With  respect
 to  a  foreign  professional  service  limited  liability  company which
 provides medical services as such services are defined in article 131 of
 the education law, each member  of  such  foreign  professional  service
 limited  liability  company  must be licensed pursuant to article 131 of
 the education law to practice medicine in this state.  With respect to a
 foreign professional service limited liability  company  which  provides
 dental  services  as  such  services  are  defined in article 133 of the
 education law, each member of such foreign professional service  limited
 liability company must be licensed pursuant to article 133 of the educa-
 tion  law to practice dentistry in this state. With respect to a foreign
 professional service limited liability company  which  provides  profes-
 sional  engineering, land surveying, geologic architectural and/or land-
 scape architectural services as such services  are  defined  in  article
 145,  article  147  and article 148 of the education law, each member of
 such foreign professional service  limited  liability  company  must  be
 licensed  pursuant to article 145, article 147 and/or article 148 of the
 education law to practice one or more of such professions in this state.
 With respect to a foreign professional service limited liability company
 which provides licensed clinical social work services as  such  services
 are  defined  in  article  154 of the education law, each member of such
 foreign professional service limited liability company shall be licensed
 pursuant to article 154 of the education law to practice clinical social
 work in this state. With  respect  to  a  foreign  professional  service
 limited  liability company which provides creative arts therapy services
 as such services are defined in article 163 of the education  law,  each
 member  of  such  foreign professional service limited liability company
 must be licensed pursuant to article 163 of the education law  to  prac-
 tice  creative  arts  therapy  in  this state. With respect to a foreign
 professional service limited liability company which  provides  marriage
 and  family therapy services as such services are defined in article 163
 of the education law, each member of such foreign  professional  service
 limited  liability  company  must be licensed pursuant to article 163 of
 the education law to practice marriage and family therapy in this state.
 With respect to a foreign professional service limited liability company
 which provides mental health counseling services as  such  services  are
 defined in article 163 of the education law, each member of such foreign
 professional service limited liability company must be licensed pursuant
 to article 163 of the education law to practice mental health counseling
 in  this  state.  With respect to a foreign professional service limited
 liability  company  which  provides  psychoanalysis  services  as   such
 services are defined in article 163 of the education law, each member of
 such  foreign  professional  service  limited  liability company must be

 S. 4291                             6
 
 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.  WITH RESPECT TO A FOREIGN PROFESSIONAL SERVICE LIMITED LIABILITY
 COMPANY  FORMED  TO  PROVIDE  INTEGRATED, MULTI-DISCIPLINARY MEDICAL AND
 CHIROPRACTIC SERVICES, AS SUCH SERVICES ARE RESPECTIVELY  DEFINED  UNDER
 ARTICLE  131  AND  ARTICLE  132 OF THE EDUCATION LAW, (I) EACH MEMBER OF
 SUCH LIMITED LIABILITY COMPANY MUST BE LICENSED PURSUANT TO ARTICLE  131
 OR ARTICLE 132 OF THE EDUCATION LAW TO PRACTICE HIS OR HER PROFESSION IN
 THIS  STATE,  (II) EACH MEMBER SHALL ONLY PRACTICE HIS OR HER PROFESSION
 AS SPECIFIED IN HIS OR  HER  RESPECTIVE  PROFESSIONAL  ENABLING  STATUTE
 UNDER  ARTICLE  131  OR  ARTICLE 132 OF THE EDUCATION LAW, AND (III) THE
 CLINICAL INTEGRATION OF PROFESSIONAL  PRACTICES  WITHIN  AN  INTEGRATED,
 MULTIDISCIPLINARY  ENTITY  ORGANIZED  UNDER THIS SECTION DOES NOT ALTER,
 EXPAND OR CURTAIL THE SCOPE  OF  PRACTICE  OF  ANY  OF  THE  INDIVIDUALS
 LICENSED  UNDER THE STATUTE OF HIS OR HER RESPECTIVE PROFESSIONAL ENABL-
 ING LAW, PROVIDED THAT: (A) THE CLINICAL JUDGMENT, MANAGEMENT AND  CLIN-
 ICAL  DECISION-MAKING  OF  ONE OR MORE ARTICLE 131 PROVIDERS IN AN INTE-
 GRATED, MULTIDISCIPLINARY PROFESSIONAL SERVICE LIMITED LIABILITY COMPANY
 SHALL BE CONTROLLING, (B) MEMBERS LICENSED  UNDER  ARTICLE  132  OF  THE
 EDUCATION  LAW,  SHALL  NOT,  DIRECTLY OR INDIRECTLY, INTERFERE WITH THE
 CLINICAL JUDGMENT OR LEGITIMATE  CLINICAL  PRACTICE  OF  A  PROFESSIONAL
 LICENSED  UNDER  ARTICLE 131, AND (C) INDIVIDUALS LICENSED UNDER ARTICLE
 131 MAY NOT ORDER OR DIRECT A PROFESSIONAL LICENSED UNDER ARTICLE 132 OF
 THE EDUCATION LAW TO PRACTICE BEYOND THE SCOPE OF  HIS  OR  HER  LICENSE
 UNDER  ARTICLE  132 OF THE EDUCATION LAW, EVEN IF SUPERVISED DIRECTLY OR
 INDIRECTLY BY A PROFESSIONAL LICENSED UNDER ARTICLE 131.
   § 4. Paragraph (a) of section 1503 of the business corporation law, as
 amended by chapter 475 of the laws  of  2014,  is  amended  to  read  as
 follows:
   (a)  Notwithstanding any other provision of law, (I) one or more indi-
 viduals duly authorized by law to render the same  professional  service
 within  the state may organize, or cause to be organized, a professional
 service corporation for pecuniary profit  under  this  article  for  the
 purpose  of  rendering the same professional service, except that one or
 more individuals duly authorized by law to practice  professional  engi-
 neering, architecture, landscape architecture, land surveying or geology
 within  the state may organize, or cause to be organized, a professional
 service corporation or a design  professional  service  corporation  for
 pecuniary  profit  under  this article for the purpose of rendering such
 professional services as such individuals are  authorized  to  practice,
 AND, (II) ONE OR MORE INDIVIDUALS DULY LICENSED TO PRACTICE MEDICINE AND
 ONE  OR  MORE  CHIROPRACTORS LICENSED UNDER ARTICLE 132 OF THE EDUCATION
 LAW, WHO MAY BE BOARD CERTIFIED OR QUALIFIED BY HIS  OR  HER  RESPECTIVE
 PROFESSIONAL  SPECIALTY  BOARDS, MAY ORGANIZE, OR CAUSE TO BE ORGANIZED,
 FOR BUSINESS PURPOSES ONLY,  A  MULTIDISCIPLINARY  PROFESSIONAL  SERVICE
 CORPORATION  FORMED  FOR  PECUNIARY  PROFIT  UNDER  THIS ARTICLE FOR THE
 PURPOSE OF RENDERING INTEGRATED AND NON-INTEGRATED PROFESSIONAL SERVICES
 WITHIN SUCH A CORPORATION AS SUCH INDIVIDUALS ARE AUTHORIZED TO PRACTICE
 INDIVIDUALLY IN HIS OR HER RESPECTIVE  PROFESSIONS,  PROVIDED  THAT  THE
 CLINICAL  INTEGRATION  OF PROFESSIONAL PRACTICES WITHIN AN ENTITY ORGAN-
 IZED UNDER THIS SECTION DOES NOT ALTER, EXPAND OR CURTAIL THE  SCOPE  OF

 S. 4291                             7
 
 PRACTICE  OF ANY OF THE INDIVIDUALS LICENSED UNDER THE STATUTE OF HIS OR
 HER RESPECTIVE PROFESSIONAL ENABLING LAW; THAT  THE  CLINICAL  JUDGMENT,
 MANAGEMENT  AND  CLINICAL  DECISION-MAKING  OF  ONE  OR MORE ARTICLE 131
 PROVIDERS IN AN INTEGRATED, MULTIDISCIPLINARY PRACTICE SHALL BE CONTROL-
 LING;  THAT  MEMBERS  LICENSED  UNDER  ARTICLE 132 OF THE EDUCATION LAW,
 SHALL NOT, DIRECTLY OR INDIRECTLY, INTERFERE WITH THE CLINICAL  JUDGMENT
 OR LEGITIMATE CLINICAL PRACTICE OF A PROFESSIONAL LICENSED UNDER ARTICLE
 131;  AND  THAT  INDIVIDUALS LICENSED UNDER ARTICLE 131 MAY NOT ORDER OR
 DIRECT A PROFESSIONAL LICENSED UNDER ARTICLE 132 OF THE EDUCATION LAW TO
 PRACTICE BEYOND THE SCOPE OF HIS OR HER LICENSE UNDER ARTICLE 132 OF THE
 EDUCATION LAW IN A PROFESSIONAL SERVICE LIMITED LIABILITY COMPANY,  EVEN
 IF  SUPERVISED  DIRECTLY  OR INDIRECTLY BY A PROFESSIONAL LICENSED UNDER
 ARTICLE 131.
   § 5. 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
 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.  EACH PARTNER OF A REGISTERED LIMITED LIABILITY PARTNER-
 SHIP FORMED TO PROVIDE INTEGRATED, MULTIDISCIPLINARY MEDICAL AND CHIROP-
 RACTIC SERVICES, AS SUCH SERVICES ARE RESPECTIVELY DEFINED UNDER ARTICLE
 131 AND ARTICLE 132 OF THE EDUCATION LAW, (I) MUST BE LICENSED  PURSUANT
 TO  ARTICLE  131  OR ARTICLE 132 OF THE EDUCATION LAW TO PRACTICE HIS OR
 HER PROFESSION IN THIS STATE,  (II)  SHALL  ONLY  PRACTICE  HIS  OR  HER

 S. 4291                             8
 
 PROFESSION  AS  SPECIFIED IN HIS OR HER RESPECTIVE PROFESSIONAL ENABLING
 STATUTE UNDER ARTICLE 131 OR ARTICLE 132 OF THE EDUCATION LAW, AND (III)
 THE CLINICAL INTEGRATION OF PROFESSIONAL PRACTICES WITHIN AN INTEGRATED,
 MULTI-DISCIPLINARY  ENTITY  ORGANIZED UNDER THIS SECTION DOES NOT ALTER,
 EXPAND OR CURTAIL THE SCOPE  OF  PRACTICE  OF  ANY  OF  THE  INDIVIDUALS
 LICENSED  UNDER THE STATUTE OF HIS OR HER RESPECTIVE PROFESSIONAL ENABL-
 ING LAW, PROVIDED THAT: (A) THE CLINICAL JUDGMENT, MANAGEMENT AND  CLIN-
 ICAL  DECISION-MAKING  OF  ONE OR MORE ARTICLE 131 PROVIDERS IN AN INTE-
 GRATED, MULTIDISCIPLINARY PROFESSIONAL SERVICE LIMITED LIABILITY COMPANY
 SHALL BE CONTROLLING, (B) MEMBERS LICENSED  UNDER  ARTICLE  132  OF  THE
 EDUCATION  LAW,  SHALL  NOT,  DIRECTLY OR INDIRECTLY, INTERFERE WITH THE
 CLINICAL JUDGMENT OR LEGITIMATE  CLINICAL  PRACTICE  OF  A  PROFESSIONAL
 LICENSED  UNDER  ARTICLE 131, AND (C) INDIVIDUALS LICENSED UNDER ARTICLE
 131 MAY NOT ORDER OR DIRECT A PROFESSIONAL LICENSED UNDER ARTICLE 132 OF
 THE EDUCATION LAW TO PRACTICE BEYOND THE SCOPE OF  HIS  OR  HER  LICENSE
 UNDER  ARTICLE  132 OF THE EDUCATION LAW, EVEN IF SUPERVISED DIRECTLY OR
 INDIRECTLY BY A PROFESSIONAL LICENSED UNDER ARTICLE 131.
   § 6. Subdivision (q) of section 121-1502 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 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-
 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.   EACH  PARTNER  OF  A  FOREIGN
 LIMITED  LIABILITY PARTNERSHIP FORMED TO PROVIDE INTEGRATED, MULTIDISCI-
 PLINARY MEDICAL AND CHIROPRACTIC SERVICES, AS SUCH SERVICES ARE  DEFINED

 S. 4291                             9
 
 UNDER  ARTICLE  131  OR  ARTICLE  132  OF THE EDUCATION LAW, (I) MUST BE
 LICENSED PURSUANT TO ARTICLE 131 OR ARTICLE 132 OF THE EDUCATION LAW  TO
 PRACTICE  HIS  OR HER PROFESSION IN THIS STATE, (II) SHALL ONLY PRACTICE
 HIS OR HER PROFESSION AS SPECIFIED IN HIS OR HER RESPECTIVE PROFESSIONAL
 ENABLING  STATUTE UNDER ARTICLE 131 OR ARTICLE 132 OF THE EDUCATION LAW,
 AND (III) THE CLINICAL INTEGRATION OF PROFESSIONAL PRACTICES  WITHIN  AN
 INTEGRATED,  MULTIDISCIPLINARY  ENTITY ORGANIZED UNDER THIS SECTION DOES
 NOT ALTER, EXPAND OR CURTAIL THE SCOPE OF PRACTICE OF ANY OF  THE  INDI-
 VIDUALS LICENSED UNDER THE STATUTE OF HIS OR HER RESPECTIVE PROFESSIONAL
 ENABLING  LAW,  PROVIDED THAT: (A) THE CLINICAL JUDGMENT, MANAGEMENT AND
 CLINICAL DECISION-MAKING OF ONE OR MORE  ARTICLE  131  PROVIDERS  IN  AN
 INTEGRATED,  MULTIDISCIPLINARY  PROFESSIONAL  SERVICE  LIMITED LIABILITY
 COMPANY SHALL BE CONTROLLING, (B) MEMBERS NOT LICENSED UNDER ARTICLE 131
 OF THE EDUCATION LAW, SHALL NOT, DIRECTLY OR INDIRECTLY, INTERFERE  WITH
 THE  CLINICAL JUDGMENT OR LEGITIMATE CLINICAL PRACTICE OF A PROFESSIONAL
 LICENSED UNDER ARTICLE 131, AND (C) INDIVIDUALS LICENSED  UNDER  ARTICLE
 131 MAY NOT ORDER OR DIRECT A PROFESSIONAL LICENSED UNDER ARTICLE 132 OF
 THE  EDUCATION  LAW  TO  PRACTICE BEYOND THE SCOPE OF HIS OR HER LICENSE
 UNDER ARTICLE 132 OF THE EDUCATION LAW, EVEN IF SUPERVISED  DIRECTLY  OR
 INDIRECTLY BY A PROFESSIONAL LICENSED UNDER ARTICLE 131.
   §  7.  Subdivision  1  of  section  2801  of the public health law, as
 amended by chapter 397 of the laws  of  2016,  is  amended  to  read  as
 follows:
   1.  "Hospital"  means a facility or institution engaged principally in
 providing services by or under the supervision of a physician or, in the
 case of a dental clinic or dental dispensary, of a dentist, or,  in  the
 case  of  a  midwifery  birth  center, of a midwife, for the prevention,
 diagnosis or treatment of human  disease,  pain,  injury,  deformity  or
 physical  condition,  including, but not limited to, a general hospital,
 public health center, diagnostic center, treatment center, dental  clin-
 ic,  dental dispensary, rehabilitation center other than a facility used
 solely for vocational rehabilitation, nursing home, tuberculosis  hospi-
 tal,  chronic  disease  hospital,  maternity  hospital,  midwifery birth
 center,  lying-in-asylum,  out-patient  department,  out-patient  lodge,
 dispensary  and  a laboratory or central service facility serving one or
 more such institutions, but the  term  hospital  shall  not  include  an
 institution, sanitarium or other facility engaged principally in provid-
 ing  services for the prevention, diagnosis or treatment of mental disa-
 bility and which is subject to the powers  of  visitation,  examination,
 inspection  and investigation of the department of mental hygiene except
 for those distinct parts of  such  a  facility  which  provide  hospital
 service. The provisions of this article shall not apply to a facility or
 institution  engaged  principally  in providing services by or under the
 supervision of the bona fide members and adherents of a recognized reli-
 gious organization whose teachings include reliance on  spiritual  means
 through prayer alone for healing in the practice of the religion of such
 organization  and  where  services are provided in accordance with those
 teachings OR TO A BUSINESS CORPORATION, LIMITED LIABILITY CORPORATION OR
 PARTNERSHIP BETWEEN A MEDICAL DOCTOR AND  A  DULY  LICENSED  TITLE  VIII
 HEALTHCARE PROFESSIONAL.
   §  8. Subdivision 19 of section 6530 of the education law, as added by
 chapter 606 of the laws of 1991, is amended to read as follows:
   19. Permitting any person  to  share  in  the  fees  for  professional
 services,  other  than: a partner, employee, associate in a professional
 firm or corporation, professional subcontractor or consultant authorized
 to practice medicine, or a legally authorized trainee  practicing  under

 S. 4291                            10
 
 the  supervision  of a licensee OR A CHIROPRACTOR PROVIDING PROFESSIONAL
 SERVICES IN THE SAME PRACTICE.    This  prohibition  shall  include  any
 arrangement  or  agreement  whereby  the  amount received in payment for
 furnishing  space, facilities, equipment or personnel services used by a
 licensee constitutes a percentage of, or is  otherwise  dependent  upon,
 the  income  or  receipts  of the licensee from such practice, except as
 otherwise provided by law with respect to a facility  licensed  pursuant
 to  article twenty-eight of the public health law or article thirteen of
 the mental hygiene law;
   § 9. Section 6509-a of the education law, as amended by chapter 555 of
 the laws of 1993, is amended to read as follows:
   § 6509-a. Additional definition of  professional  misconduct;  limited
 application.  Notwithstanding any inconsistent provision of this article
 or  of any other provision of law to the contrary, the license or regis-
 tration of a person subject to the provisions of  articles  one  hundred
 thirty-two,  one  hundred  thirty-three,  one  hundred  thirty-six,  one
 hundred thirty-seven, one hundred thirty-nine,  one  hundred  forty-one,
 one  hundred forty-three, one hundred forty-four, one hundred fifty-six,
 one hundred fifty-nine and one hundred sixty-four of this chapter may be
 revoked, suspended or annulled or such person  may  be  subject  to  any
 other  penalty  provided  in  section  sixty-five hundred eleven of this
 article in accordance with the provisions and procedure of this  article
 for the following:
   That any person subject to the above enumerated articles, has directly
 or  indirectly  requested,  received  or  participated  in the division,
 transference, assignment, rebate, splitting or refunding of a  fee  for,
 or  has directly requested, received or profited by means of a credit or
 other valuable consideration as a commission, discount  or  gratuity  in
 connection with the furnishing of professional care, or service, includ-
 ing  x-ray  examination  and treatment, or for or in connection with the
 sale, rental, supplying or furnishing of clinical laboratory services or
 supplies, x-ray laboratory  services  or  supplies,  inhalation  therapy
 service  or  equipment, ambulance service, hospital or medical supplies,
 physiotherapy or other  therapeutic  service  or  equipment,  artificial
 limbs,  teeth  or  eyes,  orthopedic or surgical appliances or supplies,
 optical appliances, supplies or equipment, devices for aid  of  hearing,
 drugs,  medication  or  medical supplies or any other goods, services or
 supplies prescribed for medical diagnosis, care or treatment under  this
 chapter,  except  payment,  not to exceed thirty-three and one-third per
 centum of any fee received for x-ray examination,  diagnosis  or  treat-
 ment,  to any hospital furnishing facilities for such examination, diag-
 nosis or treatment.  Nothing contained in this  section  shall  prohibit
 such persons from practicing as partners, in groups or as a professional
 corporation  or  as  a  university faculty practice corporation nor from
 pooling fees and moneys received, either by  the  partnerships,  profes-
 sional  corporations, university faculty practice corporations or groups
 by the individual members thereof, for professional  services  furnished
 by  any individual professional member, or employee of such partnership,
 corporation or group, nor shall the professionals constituting the part-
 nerships, corporations or groups be prohibited from sharing, dividing or
 apportioning the fees and moneys received by them or by the partnership,
 corporation or group in accordance with a partnership  or  other  agree-
 ment;  provided  that  no  such practice as partners, corporations or in
 groups or pooling of fees or moneys  received  or  shared,  division  or
 apportionment of fees shall be permitted with respect to care and treat-
 ment  under the workers' compensation law except as expressly authorized

 S. 4291                            11
 
 by the workers' compensation law.   NOTHING CONTAINED IN  THIS  SECTION,
 SHALL  PROHIBIT  A  MULTIDISCIPLINARY  MEDICAL AND CHIROPRACTIC PRACTICE
 FORMED PURSUANT TO SUBDIVISION (A) OR  (B)  OF  SECTION  TWELVE  HUNDRED
 THREE  OF  THE LIMITED LIABILITY COMPANY LAW, SUBDIVISION (A) OF SECTION
 THIRTEEN HUNDRED ONE OF THE LIMITED LIABILITY COMPANY LAW, PARAGRAPH (A)
 OF SECTION FIFTEEN HUNDRED THREE OF THE BUSINESS CORPORATION LAW, SUBDI-
 VISION (Q) OF SECTION 121-1500 OF THE PARTNERSHIP  LAW,  OR  SUBDIVISION
 (Q)  OF  SECTION  121-1502  OF  THE PARTNERSHIP LAW FROM POOLING FEES OR
 MONIES RECEIVED. Nothing contained in  this  chapter  shall  prohibit  a
 medical or dental expense indemnity corporation pursuant to its contract
 with the subscriber from prorationing a medical or dental expense indem-
 nity  allowance  among  two  or  more professionals in proportion to the
 services rendered by each  such  professional  at  the  request  of  the
 subscriber,  provided  that  prior to payment thereof such professionals
 shall submit both to the medical or dental expense indemnity corporation
 and to the subscriber statements itemizing the services rendered by each
 such professional and the charges therefor.
   § 10. Section 6531 of the education law, as amended by chapter 555  of
 the laws of 1993, is amended to read as follows:
   § 6531. Additional  definition  of  professional  misconduct,  limited
 application.  Notwithstanding any inconsistent provision of this article
 or any other provisions of law to the contrary, the license or registra-
 tion of a person subject to the provisions of this article  and  article
 one  hundred  thirty-one-B of this chapter may be revoked, suspended, or
 annulled or such person may be subject to any other penalty provided  in
 section two hundred thirty-a of the public health law in accordance with
 the provisions and procedures of this article for the following:
   That  any person subject to the above-enumerated articles has directly
 or indirectly requested,  received  or  participated  in  the  division,
 transference,  assignment, rebate, splitting, or refunding of a fee for,
 or has directly requested, received or profited by means of a credit  or
 other  valuable  consideration as a commission, discount or gratuity, in
 connection with the furnishing of professional care or service,  includ-
 ing  x-ray  examination  and treatment, or for or in connection with the
 sale, rental, supplying, or furnishing of clinical  laboratory  services
 or  supplies,  x-ray laboratory services or supplies, inhalation therapy
 service or equipment, ambulance service, hospital or  medical  supplies,
 physiotherapy  or  other  therapeutic  service  or equipment, artificial
 limbs, teeth or eyes, orthopedic or  surgical  appliances  or  supplies,
 optical  appliances, supplies, or equipment, devices for aid of hearing,
 drugs, medication, or medical supplies, or any other goods, services, or
 supplies prescribed for medical diagnosis, care, or treatment under this
 chapter, except  payment,  not  to  exceed  thirty-three  and  one-third
 percent  of any fee received for x-ray examination, diagnosis, or treat-
 ment, to any hospital furnishing facilities for such examination,  diag-
 nosis,  or  treatment.  Nothing contained in this section shall prohibit
 such persons from practicing as partners, in groups or as a professional
 corporation or as a university faculty practice  corporation,  nor  from
 pooling  fees  and  moneys received, either by the partnerships, profes-
 sional corporations, or  university  faculty  practice  corporations  or
 groups  by  the  individual  members  thereof, for professional services
 furnished by an individual professional  member,  or  employee  of  such
 partnership,  corporation, or group, nor shall the professionals consti-
 tuting the partnerships, corporations or groups be prohibited from shar-
 ing, dividing, or apportioning the fees and moneys received by  them  or
 by  the partnership, corporation, or group in accordance with a partner-

 S. 4291                            12
 
 ship or other agreement; provided that no  such  practice  as  partners,
 corporations,  or  groups,  or  pooling  of  fees  or moneys received or
 shared, division or  apportionment  of  fees  shall  be  permitted  with
 respect  to  and  treatment under the workers' compensation law. NOTHING
 CONTAINED IN THIS SECTION, SHALL PROHIBIT  A  MULTIDISCIPLINARY  MEDICAL
 AND  CHIROPRACTIC  PRACTICE FORMED PURSUANT TO SUBDIVISION (A) OR (B) OF
 SECTION TWELVE HUNDRED THREE  OF  THE  LIMITED  LIABILITY  COMPANY  LAW,
 SUBDIVISION (A) OF SECTION THIRTEEN HUNDRED ONE OF THE LIMITED LIABILITY
 COMPANY LAW, PARAGRAPH (A) OF SECTION FIFTEEN HUNDRED THREE OF THE BUSI-
 NESS  CORPORATION  LAW, SUBDIVISION (Q) OF SECTION 121-1500 OF THE PART-
 NERSHIP LAW, OR SUBDIVISION (Q) OF SECTION 121-1502 OF  THE  PARTNERSHIP
 LAW  FROM  POOLING  FEES  OR  MONIES RECEIVED. Nothing contained in this
 chapter shall  prohibit  a  corporation  licensed  pursuant  to  article
 forty-three  of  the  insurance  law  pursuant  to its contract with the
 subscribed from prorationing a  medical  or  dental  expenses  indemnity
 allowance  among two or more professionals in proportion to the services
 rendered by each such professional at the  request  of  the  subscriber,
 provided  that  prior to payment thereof such professionals shall submit
 both to the corporation licensed pursuant to article forty-three of  the
 insurance  law  and  to the subscriber statements itemizing the services
 rendered by each such professional and the charges therefor.
   § 11. This act shall take effect on the thirtieth day after  it  shall
 have became a law.