S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  715--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 11, 2023
                                ___________
 
 Introduced  by M. of A. PEOPLES-STOKES, BENEDETTO, STECK, THIELE, LUPAR-
   DO, WOERNER, STIRPE, BUTTENSCHON, McDONALD -- Multi-Sponsored by -- M.
   of A.  FITZPATRICK -- read once and referred to the Committee on High-
   er Education -- committee discharged, bill amended, ordered  reprinted
   as amended and recommitted to said committee

 AN  ACT  to amend the limited liability company law, the business corpo-
   ration law, the partnership law, the  education  law  and  the  public
   health  law,  in  relation  to  authorizing  certain  licensed  health
   services professionals 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.    NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION, ANY
 PERSON LICENSED PURSUANT TO ARTICLE 131 OF THE EDUCATION LAW TO PRACTICE
 MEDICINE AND ANY PERSON LICENSED PURSUANT TO  ARTICLES  132,  137,  140,
 141,  143,  144,  153, 154, 155, 156, OR 167 OR SUBDIVISION 3 OF SECTION
 6902 OF ARTICLE 139 OF THE EDUCATION  LAW  MAY  FORM,  OR  CAUSE  TO  BE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00062-04-3
              

 A. 715--A                           2
 
 FORMED,  A  PROFESSIONAL  SERVICE  LIMITED  LIABILITY COMPANY TO PROVIDE
 MULTIDISCIPLINARY SERVICES WITH  ONE  OR  MORE  LICENSED  PROFESSIONALS,
 SUBJECT  TO  THE  FOLLOWING  CONDITIONS: (I) EACH MEMBER OF SUCH LIMITED
 LIABILITY COMPANY MUST BE LICENSED PURSUANT TO TITLE EIGHT OF THE EDUCA-
 TION  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  STATUE UNDER TITLE EIGHT OF THE
 EDUCATION LAW; AND (III) ANY CLINICAL INTEGRATION OF PROFESSIONAL  PRAC-
 TICES UNDER THIS SECTION SHALL NOT ALTER, EXPAND OR CURTAIL THE SCOPE OF
 PRACTICE  OF  ANY  OF  THE MEMBERS; PROVIDED FURTHER THAT: (A) NO MEMBER
 SHALL, DIRECTLY OR INDIRECTLY, INTERFERE WITH THE CLINICAL  JUDGMENT  OR
 LEGITIMATE  CLINICAL PRACTICE OF ANOTHER MEMBER; AND (B) NO MEMBER SHALL
 ORDER OR DIRECT ANOTHER MEMBER TO PRACTICE BEYOND THE SCOPE  OF  HIS  OR
 HER  LICENSE.  With  respect to a professional service limited liability
 company formed to provide dental services as such services  are  defined
 in article 133 of the education law, each member of such limited liabil-
 ity  company  must  be licensed pursuant to article 133 of the education
 law to practice dentistry in this state. With respect to a  professional
 service  limited liability company formed to provide veterinary services
 as such services are defined in article 135 of the education  law,  each
 member  of  such  limited liability company must be licensed pursuant to
 article 135 of the education law to practice veterinary medicine in this
 state. With respect to a professional service limited liability  company
 formed  to  provide  professional engineering, land surveying, architec-
 tural,  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
 A. 715--A                           3

 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.
   § 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.  NOTWITHSTANDING ANY OTHER PROVISION OF
 THIS SECTION, ANY PERSON LICENSED PURSUANT TO ARTICLE 131 OF THE  EDUCA-
 TION  LAW TO PRACTICE MEDICINE AND ANY PERSON LICENSED PURSUANT TO ARTI-
 CLES 132, 137, 140, 141, 143, 144, 153, 154, 155, 156, OR 167 OR  SUBDI-
 VISION  3  OF SECTION 6902 OF ARTICLE 139 OF THE EDUCATION LAW MAY FORM,
 OR CAUSE TO BE FORMED, A PROFESSIONAL SERVICE LIMITED LIABILITY  COMPANY
 TO  PROVIDE MULTIDISCIPLINARY SERVICES WITH ONE OR MORE LICENSED PROFES-
 SIONALS, SUBJECT TO THE FOLLOWING CONDITIONS: (I) EACH  MEMBER  OF  SUCH
 LIMITED  LIABILITY  COMPANY  MUST BE LICENSED PURSUANT TO TITLE EIGHT 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 TITLE EIGHT OF
 THE EDUCATION LAW; AND (III) ANY CLINICAL  INTEGRATION  OF  PROFESSIONAL
 PRACTICES  UNDER  THIS  SECTION  SHALL  NOT ALTER, EXPAND OR CURTAIL THE
 SCOPE OF PRACTICE OF ANY OF THE MEMBERS; PROVIDED FURTHER THAT:  (A)  NO
 MEMBER SHALL, DIRECTLY OR INDIRECTLY, INTERFERE WITH THE CLINICAL JUDGE-
 MENT  OR  LEGITIMATE  CLINICAL  PRACTICE  OF  ANOTHER MEMBER; AND (B) NO
 MEMBER SHALL ORDER OR DIRECT ANOTHER MEMBER TO PRACTICE BEYOND THE SCOPE
 OF HIS OR HER LICENSE. 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 educa-
 tion  law to practice dentistry in this state. With respect to a profes-
 sional 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,  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
 A. 715--A                           4

 limited liability company formed to  provide  licensed  clinical  social
 work  services as such services are defined in article 154 of the educa-
 tion 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.]
   §  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
 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-
 A. 715--A                           5
 
 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.    NOTWITHSTANDING
 ANY  OTHER  PROVISION  OF  THIS SECTION, ANY PERSON LICENSED PURSUANT TO
 ARTICLE 131 OF THE EDUCATION LAW TO PRACTICE  MEDICINE  AND  ANY  PERSON
 LICENSED  PURSUANT  TO  ARTICLES 132, 137, 140, 141, 143, 144, 153, 154,
 155, 156, OR 167 OR SUBDIVISION 3 OF SECTION 6902 OF ARTICLE 139 OF  THE
 EDUCATION  LAW  MAY  FORM, OR CAUSE TO BE FORMED, A FOREIGN PROFESSIONAL
 SERVICE LIMITED LIABILITY COMPANY TO PROVIDE MULTIDISCIPLINARY  SERVICES
 WITH ONE OR MORE LICENSED PROFESSIONALS, SUBJECT TO THE FOLLOWING CONDI-
 TIONS:  (I)  EACH  MEMBER  OF  SUCH  LIMITED  LIABILITY  COMPANY MUST BE
 LICENSED PURSUANT TO TITLE EIGHT 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 TITLE EIGHT OF THE EDUCATION LAW; AND  (III)  ANY
 CLINICAL  INTEGRATION OF PROFESSIONAL PRACTICES UNDER THIS SECTION SHALL
 NOT ALTER, EXPAND OR CURTAIL  THE  SCOPE  OF  PRACTICE  OF  ANY  OF  THE
 MEMBERS;  PROVIDED  FURTHER THAT: (A) NO MEMBER SHALL, DIRECTLY OR INDI-
 RECTLY, INTERFERE WITH THE  CLINICAL  JUDGMENT  OR  LEGITIMATE  CLINICAL
 PRACTICE  OF  ANOTHER  MEMBER;  AND  (B) NO MEMBER SHALL ORDER OR DIRECT
 ANOTHER MEMBER TO PRACTICE BEYOND THE SCOPE OF HIS OR HER LICENSE.  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 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
 A. 715--A                           6
 
 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.]
   § 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 LICENSED TO PRACTICE PURSUANT TO ARTI-
 CLE 131 AND ONE OR MORE INDIVIDUALS LICENSED PURSUANT TO  ARTICLES  132,
 137,  140, 141, 143, 144, 153, 154, 155, 156, OR 167 OR SUBDIVISION 3 OF
 SECTION 6902 OF ARTICLE 139 OF TITLE EIGHT  OF  THE  EDUCATION  LAW  MAY
 ORGANIZE,  OR  CAUSE  TO  BE  ORGANIZED,  FOR  BUSINESS PURPOSES ONLY, A
 PROFESSIONAL SERVICE CORPORATION FORMED FOR PECUNIARY PROFIT UNDER  THIS
 ARTICLE  FOR  THE PURPOSE OF RENDERING MULTIDISCIPLINARY SERVICES WITHIN
 SUCH A CORPORATION AS SUCH INDIVIDUALS ARE AUTHORIZED TO PRACTICE  INDI-
 VIDUALLY  IN HIS OR HER RESPECTIVE PROFESSIONS, SUBJECT TO THE FOLLOWING
 CONDITIONS: (A) INDIVIDUAL WHO ORGANIZES, OR CAUSES  TO  ORGANIZE,  SUCH
 CORPORATION  MUST  BE  LICENSED PURSUANT TO TITLE EIGHT OF THE EDUCATION
 LAW TO PRACTICE HIS OR HER PROFESSION IN THIS  STATE;  (B)  EACH  MEMBER
 SHALL  ONLY  PRACTICE  HIS  OR HER PROFESSION AS SPECIFIED IN HIS OR HER
 RESPECTIVE PROFESSIONAL ENABLING STATUTE UNDER TITLE EIGHT OF THE EDUCA-
 TION LAW; AND (C) ANY CLINICAL  INTEGRATION  OF  PROFESSIONAL  PRACTICES
 UNDER THIS SECTION SHALL NOT ALTER, EXPAND OR CURTAIL THE SCOPE OF PRAC-
 TICE  OF  ANY OF THE MEMBERS; (D) NO INDIVIDUAL SHALL, DIRECTLY OR INDI-
 RECTLY, INTERFERE WITH THE  CLINICAL  JUDGMENT  OR  LEGITIMATE  CLINICAL
 PRACTICE  OF  ANOTHER  INDIVIDUAL;  AND (E) NO INDIVIDUAL SHALL ORDER OR
 DIRECT ANOTHER INDIVIDUAL TO PRACTICE BEYOND THE SCOPE  OF  HIS  OR  HER
 LICENSE.
   §  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
 A. 715--A                           7

 each].  NOTWITHSTANDING  ANY OTHER PROVISION OF THIS SECTION, ANY PERSON
 LICENSED PURSUANT TO ARTICLE 131 OF THE EDUCATION LAW TO PRACTICE  MEDI-
 CINE  AND  ANY  PERSON LICENSED PURSUANT TO ARTICLES 132, 137, 140, 141,
 143, 144, 153, 154, 155, 156, OR 167 OR SUBDIVISION 3 OF SECTION 6902 OF
 ARTICLE  139  OF  THE  EDUCATION  LAW MAY FORM, OR CAUSE TO BE FORMED, A
 REGISTERED LIMITED LIABILITY PARTNERSHIP  TO  PROVIDE  MULTIDISCIPLINARY
 SERVICES WITH ONE OR MORE LICENSED PROFESSIONALS, SUBJECT TO THE FOLLOW-
 ING  CONDITIONS:  (I) EACH PARTNER OF SUCH LIMITED LIABILITY PARTNERSHIP
 MUST BE LICENSED PURSUANT TO TITLE EIGHT OF THE EDUCATION LAW  TO  PRAC-
 TICE  HIS  OR HER PROFESSION IN THIS STATE; (II) EACH PARTNER SHALL ONLY
 PRACTICE HIS OR HER PROFESSION AS SPECIFIED IN  HIS  OR  HER  RESPECTIVE
 PROFESSIONAL  ENABLING  STATUTE  UNDER TITLE EIGHT OF THE EDUCATION LAW;
 AND (III) ANY CLINICAL INTEGRATION OF THE PROFESSIONAL  PRACTICES  UNDER
 THIS SECTION SHALL NOT ALTER, EXPAND OR CURTAIL THE SCOPE OF PRACTICE OF
 ANY  OF  THE  PARTNERS;  PROVIDED  FURTHER  THAT:  (A) NO PARTNER SHALL,
 DIRECTLY OR INDIRECTLY, INTERFERE WITH THE CLINICAL JUDGMENT OR  LEGITI-
 MATE  CLINICAL  PRACTICE  OF  ANOTHER  PARTNER; AND (B) NO PARTNER SHALL
 ORDER OR DIRECT ANOTHER PARTNER TO PRACTICE BEYOND THE SCOPE OF  HIS  OR
 HER LICENSE.  EACH partner of a registered limited liability partnership
 formed  to provide dental services in this state must be licensed pursu-
 ant to article 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  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 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 article 163 of the education law  to  prac-
 tice marriage and family therapy in this state. Each partner of a regis-
 tered  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 pursu-
 ant 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.]
   §  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
 A. 715--A                           8

 each]. NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION,  ANY  PERSON
 LICENSED  PURSUANT TO ARTICLE 131 OF THE EDUCATION LAW TO PRACTICE MEDI-
 CINE AND ANY PERSON LICENSED PURSUANT TO ARTICLES 132,  137,  140,  141,
 143, 144, 153, 154, 155, 156, OR 167 OR SUBDIVISION 3 OF SECTION 6902 OF
 ARTICLE  139  OF  THE  EDUCATION  LAW MAY FORM, OR CAUSE TO BE FORMED, A
 FOREIGN  LIMITED  LIABILITY  PARTNERSHIP  TO  PROVIDE  MULTIDISCIPLINARY
 SERVICES WITH ONE OR MORE LICENSED PROFESSIONALS, SUBJECT TO THE FOLLOW-
 ING CONDITIONS: (I) EACH PARTNER OF SUCH FOREIGN LIMITED LIABILITY PART-
 NERSHIP MUST BE LICENSED PURSUANT TO TITLE EIGHT OF THE EDUCATION LAW TO
 PRACTICE  HIS  OR  HER PROFESSION IN THIS STATE; (II) EACH PARTNER SHALL
 ONLY PRACTICE HIS OR HER PROFESSION AS SPECIFIED IN HIS OR  HER  RESPEC-
 TIVE  PROFESSIONAL  ENABLING  STATUTE UNDER TITLE EIGHT OF THE EDUCATION
 LAW; AND (III) ANY CLINICAL INTEGRATION OF PROFESSIONAL PRACTICES  UNDER
 THIS SECTION SHALL NOT ALTER, EXPAND OR CURTAIL THE SCOPE OF PRACTICE OF
 ANY  OF  THE  PARTNERS;  PROVIDED  FURTHER  THAT:  (A) NO PARTNER SHALL,
 DIRECTLY OR INDIRECTLY, INTERFERE WITH THE CLINICAL JUDGMENT OR  LEGITI-
 MATE  CLINICAL  PRACTICE  OF  ANOTHER  PARTNER; AND (B) NO PARTNER SHALL
 ORDER OR DIRECT ANOTHER PARTNER TO PRACTICE BEYOND THE SCOPE OF  HIS  OR
 HER  LICENSE.  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 engineering, land surveying, geological services, architec-
 tural  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 partnership which provides licensed clin-
 ical  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 part-
 nership 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  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 liability partnership which provides
 mental health counseling services in this state must be licensed  pursu-
 ant  to article 163 of the education law to practice mental health coun-
 seling in this state. Each partner of a foreign limited liability  part-
 nership  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 liabil-
 ity  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.]
   § 7. 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
 A. 715--A                           9
 
 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
 by  the  workers'  compensation  law.  NOTHING CONTAINED IN THIS SECTION
 SHALL PROHIBIT A MULTIDISCIPLINARY SERVICES PRACTICE FORMED PURSUANT  TO
 SUBDIVISION (A) OF SECTION TWELVE HUNDRED THREE OF THE LIMITED LIABILITY
 COMPANY  LAW,  SUBDIVISION  (B)  OF  SECTION TWELVE HUNDRED SEVEN 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,  SUBDIVI-
 SION  (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 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 medical or dental expense indemnity corporation and to the
 A. 715--A                          10
 
 subscriber statements itemizing  the  services  rendered  by  each  such
 professional and the charges therefor.
   §  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
 the supervision of a licensee, OR AN  AUTHORIZED  PROFESSIONAL  LICENSED
 PURSUANT  TO ARTICLE ONE HUNDRED THIRTY-ONE, ONE HUNDRED THIRTY-TWO, ONE
 HUNDRED THIRTY-SEVEN, ONE HUNDRED  FORTY,  ONE  HUNDRED  FORTY-ONE,  ONE
 HUNDRED  FORTY-THREE,  ONE  HUNDRED FORTY-FOUR, ONE HUNDRED FIFTY-THREE,
 ONE HUNDRED FIFTY-FOUR, ONE HUNDRED FIFTY-FIVE, ONE  HUNDRED  FIFTY-SIX,
 ONE  HUNDRED FIFTY-NINE, OR ONE HUNDRED SIXTY-SEVEN OR SUBDIVISION THREE
 OF SECTION SIXTY-NINE HUNDRED TWO OF ARTICLE ONE HUNDRED THIRTY-NINE  OF
 THIS  CHAPTER 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 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
 A. 715--A                          11
 
 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-
 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 SERVICES
 PRACTICE FORMED PURSUANT TO SUBDIVISION (A) OF  SECTION  TWELVE  HUNDRED
 THREE  OF  THE LIMITED LIABILITY COMPANY LAW, SUBDIVISION (B) OF SECTION
 TWELVE HUNDRED SEVEN 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, SUBDIVISION (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  corporation licensed pursuant to article forty-three of the
 insurance law pursuant to its contract with the subscribed  from  prora-
 tioning  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.
   § 10. Subdivision 1 of section 2801  of  the  public  health  law,  as
 amended  by  section  2  of part E of chapter 57 of the laws of 2023, 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, a rural emer-
 gency  hospital under 42 USC 1395x(kkk), or successor provisions, dental
 clinic, dental dispensary, rehabilitation center other than  a  facility
 used  solely  for  vocational rehabilitation, nursing home, tuberculosis
 hospital, 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
 A. 715--A                          12
 
 teachings OR TO A MULTIDISCIPLINARY SERVICES PRACTICE FORMED PURSUANT TO
 SUBDIVISION (A) OF SECTION TWELVE HUNDRED THREE OF THE LIMITED LIABILITY
 COMPANY  LAW,  SUBDIVISION  (B)  OF  SECTION TWELVE HUNDRED SEVEN 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, SUBDIVI-
 SION (Q) OF SECTION 121-1500 OF THE PARTNERSHIP LAW, OR SUBDIVISION  (Q)
 OF SECTION 121-1502 OF THE PARTNERSHIP LAW. No provision of this article
 or  any  other  provision  of  law  shall be construed to: (a) limit the
 volume of mental health, substance use  disorder  services  or  develop-
 mental disability services that can be provided by a provider of primary
 care  services  licensed  under  this  article and authorized to provide
 integrated services in accordance with regulations issued by the commis-
 sioner in consultation with the commissioner of  the  office  of  mental
 health,  the  commissioner  of  the  office  of  [alcoholism]  ADDICTION
 SERVICES and [substance abuse services] SUPPORTS and the commissioner of
 the office for people with developmental disabilities,  including  regu-
 lations  issued  pursuant  to subdivision seven of section three hundred
 sixty-five-l of the social services law or part L of  chapter  fifty-six
 of  the  laws  of  two  thousand twelve; (b) require a provider licensed
 pursuant to article thirty-one of the mental hygiene  law  or  certified
 pursuant  to article sixteen or article thirty-two of the mental hygiene
 law to obtain an operating  certificate  from  the  department  if  such
 provider  has  been authorized to provide integrated services in accord-
 ance with regulations issued by the commissioner  in  consultation  with
 the commissioner of the office of mental health, the commissioner of the
 office of [alcoholism] ADDICTION SERVICES and [substance abuse services]
 SUPPORTS  and  the  commissioner  of the office for people with develop-
 mental disabilities, including regulations issued pursuant  to  subdivi-
 sion  seven of section three hundred sixty-five-l of the social services
 law or part L of chapter fifty-six of the laws of two thousand twelve.
   § 11. This act shall take effect on the thirtieth day after  it  shall
 have  become a law; provided, however that section ten of this act shall
 take effect on the same date and in the same manner as section 2 of part
 E of chapter 57 of the laws of 2023, takes effect.