[ ] is old law to be omitted.
LBD12571-02-3
S. 4007--A 2 A. 3007--A
extending the demonstration period in certain physician committees; to
amend chapter 505 of the laws of 1995, amending the public health law
relating to the operation of department of health facilities, in
relation to the effectiveness thereof; to amend the public health law,
in relation to reimbursement rate promulgation for residential health
care facilities; to amend the public health law, in relation to certi-
fied home health agency services payments; to amend chapter 19 of the
laws of 1998, amending the social services law relating to limiting
the method of payment for prescription drugs under the medical assist-
ance program, in relation to the effectiveness thereof; to amend the
public health law, in relation to continuing nursing home upper
payment limit payments; to amend chapter 904 of the laws of 1984,
amending the public health law and the social services law relating to
encouraging comprehensive health services, in relation to the effec-
tiveness thereof; to amend part X2 of chapter 62 of the laws of 2003,
amending the public health law relating to allowing for the use of
funds of the office of professional medical conduct for activities of
the patient health information and quality improvement act of 2000, in
relation to the effectiveness of certain provisions relating to
increasing information available to patients; to amend part H of chap-
ter 59 of the laws of 2011, amending the public health law relating to
the statewide health information network of New York and the statewide
planning and research cooperative system and general powers and
duties, in relation to making certain provisions permanent; to amend
part A of chapter 58 of the laws of 2008, amending the elder law and
other laws relating to reimbursement to participating provider pharma-
cies and prescription drug coverage, in relation to extending the
expiration of certain provisions thereof; to amend chapter 474 of the
laws of 1996, amending the education law and other laws relating to
rates for residential health care facilities, in relation to extending
the effectiveness of certain provisions thereof; to amend chapter 81
of the laws of 1995, amending the public health law and other laws
relating to medical reimbursement and welfare reform, in relation to
extending the effectiveness of certain provisions thereof; to amend
the social services law, in relation to the effectiveness of certain
provisions relating to negotiation of supplemental rebates relating to
medication assisted treatment; to amend part B of chapter 57 of the
laws of 2015, amending the social services law and other laws relating
to supplemental rebates, in relation to the effectiveness thereof; to
amend part KK of chapter 56 of the laws of 2020, amending the public
health law relating to the designation of statewide general hospital
quality and sole community pools and the reduction of capital related
inpatient expenses, in relation to the effectiveness thereof; to amend
part C of chapter 60 of the laws of 2014, amending the social services
law relating to fair hearings within the Fully Integrated Duals Advan-
tage program, in relation to the effectiveness thereof; to amend chap-
ter 779 of the laws of 1986, amending the social services law relating
to authorizing services for non-residents in adult homes, residences
for adults and enriched housing programs, in relation to extending the
effectiveness of certain provisions thereof; to amend chapter 884 of
the laws of 1990, amending the public health law relating to authoriz-
ing bad debt and charity care allowances for certified home health
agencies, in relation to extending the provisions thereof; to amend
chapter 81 of the laws of 1995, amending the public health law and
other laws relating to medical reimbursement and welfare reform, in
relation to the effectiveness thereof; to amend part A of chapter 56
S. 4007--A 3 A. 3007--A
of the laws of 2013, amending chapter 59 of the laws of 2011 amending
the public health law and other laws relating to general hospital
reimbursement for annual rates, in relation to extending government
rates for behavioral services and adding an alternative payment meth-
odology requirement; and to amend the public health law, in relation
to residential health care facility assessments; and to amend part MM
of chapter 57 of the laws of 2021 amending the public health law
relating to aiding in the transition to adulthood for children with
medical fragility living in pediatric nursing homes and other
settings, in relation to the effectiveness thereof (Part B); to amend
part A3 of chapter 62 of the laws of 2003 amending the general busi-
ness law and other laws relating to enacting major components neces-
sary to implement the state fiscal plan for the 2003-04 state fiscal
year, in relation to extending the effectiveness of provisions there-
of; to amend the New York Health Care Reform Act of 1996, in relation
to extending certain provisions relating thereto; to amend the New
York Health Care Reform Act of 2000, in relation to extending the
effectiveness of provisions thereof; to amend the public health law,
in relation to extending certain provisions relating to the distrib-
ution of pool allocations and graduate medical education; to amend the
public health law, in relation to extending certain provisions relat-
ing to health care initiative pool distributions; to amend the social
services law, in relation to extending payment provisions for general
hospitals; and to amend the public health law, in relation to extend-
ing certain provisions relating to the assessments on covered lives
(Part C); to amend the social services law, in relation to copayments
for drugs; to amend the public health law, in relation to prescriber
prevails; and to repeal certain provisions of the social services law
relating to coverage for certain prescription drugs (Part D); to amend
the public health law, in relation to amending and extending the
voluntary indigent care pool; in relation to establishing the defi-
nition of rural emergency hospital; and in relation to expanding
eligibility for vital access provider assurance program funding; and
to amend Part I of chapter 57 of the laws of 2022 relating to provid-
ing a five percent across the board payment increase to all qualifying
fee-for-service Medicaid rates, in relation to Medicaid payments made
for the operating component of hospital inpatient services (Part E);
to amend chapter 266 of the laws of 1986 amending the civil practice
law and rules and other laws relating to malpractice and profes-
sional medical conduct, in relation to extending the effectiveness of
certain provisions thereof; to amend part J of chapter 63 of the laws
of 2001 amending chapter 266 of the laws of 1986 amending the civil
practice law and rules and other laws relating to malpractice and
professional medical conduct, in relation to extending certain
provisions concerning the hospital excess liability pool; and to amend
part H of chapter 57 of the laws of 2017 amending the New York
Health Care Reform Act of 1996 and other laws relating to extending
certain provisions relating thereto, in relation to extending
provisions relating to excess coverage (Part F); to amend the elder
law, in relation to programs for the aging (Part G); to amend section
5 of part AAA of chapter 56 of the laws of 2022, amending the social
services law relating to expanding Medicaid eligibility requirements
for seniors and disabled individuals, in relation to the effectiveness
of the basic health plan program; to amend the social services law, in
relation to enacting the 1332 state innovation program; and to amend
the state finance law, in relation to establishing the 1332 state
S. 4007--A 4 A. 3007--A
innovation program fund (Part H); to amend the public health law, in
relation to extending authority to enroll certain recipients in need
of more than 120 days of community based-long term care in a managed
long term care plan; to amend the public health law, in relation to
extending the moratorium on the processing and approval of applica-
tions seeking a certificate of authority as a managed long term care
plan, setting performance standards for managed long term care plans
and granting the commissioner of health the authority to procure in
the event the department of health determines that a sufficient number
of managed long term care plans have not met the enhanced performance
standards; to amend the social services law, in relation to fiscal
intermediaries; to amend part I of chapter 57 of the laws of 2022
providing a one percent across the board payment increase to all qual-
ifying fee-for-service Medicaid rates, in relation to providing an
additional increase to all qualifying fee-for-service Medicaid rates
for the operating component of residential health care facilities
services and an additional increase to all qualifying fee-for-service
Medicaid rates for the operating component of assisted living
programs; to amend the public health law, in relation to home care
worker wage parity; to amend part H of chapter 59 of the laws of 2011
amending the public health law and other laws relating to known and
projected department of health state fund medical expenditures, in
relation to extending the provisions thereof; to repeal certain
provisions of the social services law relating to the consumer
directed personal assistance program; to amend the public health law,
in relation to establishing the state supplemental premium assistance
for consumer directed personal assistants; and to amend the state
finance law, in relation to creating the CDPAP supplemental premium
assistance fund (Part I); to amend the insurance law and the public
health law, in relation to insurer, organization, or corporation
review of certain documentation for certain claims (Part J); to amend
the social services law, in relation to authorizing Medicaid eligibil-
ity for certain services provided to individuals who are in a correc-
tional institution, and for certain services provided to individuals
who are in an institution for mental disease (Part K); to amend the
insurance law, in relation to site of service review and coverage for
services provided at hospital-based outpatient clinics (Part L); to
amend the public health law, in relation to streamlining and adding
criteria to the certificate of need process and to review and over-
sight of material transactions (Part M); to amend the social services
law, in relation to expanding the Medicaid Buy-In program for people
with disabilities (Part N); to amend the public health law, in
relation to prohibiting the sale or distribution of flavored tobacco
products (Part O); to amend the public health law, in relation to
establishing a new statewide health care transformative program (Part
P); to amend the social services law, in relation to establishing
Medicaid reimbursement for community health workers (CHWs) for high-
risk populations; and to amend the public health law, in relation to
permitting licensed mental health counselors and licensed marriage and
family therapists in community health centers to be reimbursed (Part
Q); to amend the social services law and the public health law, in
relation to expanding Medicaid coverage of preventative health care
services (Part R); to amend the public health law and the education
law, in relation to modernizing the state of New York's emergency
medical system and workforce; and to repeal certain sections of the
public health law relating thereto (Part S); to amend the public
S. 4007--A 5 A. 3007--A
health law, in relation to lead testing in certain multiple dwellings;
and to amend the executive law, in relation to expanding the powers of
the secretary of state with respect to the New York state uniform fire
prevention and building code (Part T); to amend the general business
law, in relation to safeguarding abortion access through data privacy
protection (Part U); to amend the education law, in relation to
authorizing licensed pharmacists to prescribe and order self-adminis-
tered hormonal contraceptives and emergency contraceptive drug therapy
in accordance with standardized procedures or protocols developed and
approved by the board of pharmacy (Part V); to amend the education
law, in relation to the provision of HIV pre-exposure prophylaxis; to
amend the public health law and the education law, in relation to the
administration of COVID-19 and influenza tests; to amend part C of
chapter 57 of the laws of 2022 amending the public health law and the
education law relating to allowing pharmacists to direct limited
service laboratories and order and administer COVID-19 and influenza
tests and modernizing nurse practitioners, in relation to the effec-
tiveness thereof; to amend the education law and the social services
law, in relation to the scope of practice of nurses and pharmacists;
to amend the education law, in relation to authorizing dentists to
offer HIV and hepatitis C screening and diagnostic tests; to amend the
education law and the public health law, in relation to the scope of
practice of physician assistants; to amend chapter 471 of the laws of
2016 amending the education law and the public health law relating to
authorizing certain advanced home health aides to perform certain
advanced tasks, in relation to the effectiveness thereof; to amend the
education law, in relation to the scope of practice of medication
aides; to amend the education law, in relation to enacting the inter-
state medical licensure compact; to amend the education law, in
relation to enacting the nurse licensure compact; and providing for
the repeal of certain provisions upon the expiration thereof (Part W);
to amend the public health law, in relation to providing for the
registration of temporary health care services agencies (Part X); to
amend the civil practice law and rules and the judiciary law, in
relation to affidavits for medical debt actions (Subpart A); to amend
the insurance law, in relation to prescription drug price and supply
chain transparency; and to amend the state finance law, in relation to
funds deposited in the pharmacy benefit manager regulatory fund
(Subpart B); to amend the public health law, in relation to requiring
hospitals participating in the general hospital indigent care pool to
use certain forms for the collection of medical debt (Subpart C); and
to amend the insurance law, in relation to guaranty fund coverage for
insurers writing health insurance (Subpart D) (Part Y); to amend the
public health law and the social services law, in relation to quality
improvement and increased consumer transparency in assisted living
residences (Part Z); to amend the public health law, in relation to
hepatitis C screening and requiring third trimester syphilis testing;
and to amend chapter 425 of the laws of 2013 amending the public
health law relating to requiring hospitals to offer hepatitis C test-
ing, in relation to making such provisions permanent (Part AA); to
amend the public health law, in relation to adding certain fentanyl
analogs to the schedules of controlled substances; to amend the public
health law, in relation to the definition of "imitation controlled
substance"; to amend the penal law and the criminal procedure law, in
relation to criminal possession and sale of imitation controlled
substances; and to repeal certain provisions of the public health law
S. 4007--A 6 A. 3007--A
relating thereto (Part BB); to amend the public health law, the state
finance law, the civil practice law and rules, the limited liability
company law, the partnership law, the correction law, the education
law, the executive law, the mental hygiene law, the penal law, the
surrogate's court procedure act, the social services law, the workers'
compensation law, the cannabis law, the county law, the general busi-
ness law, the insurance law, the labor law, the criminal procedure
law, the business corporation law, the vehicle and traffic law, the
administrative code of the city of New York, the military law, and the
tax law, in relation to repealing articles governing healthcare
professions in the education law and adding such provisions to the
public health law and transferring all functions, powers, duties and
obligations relating thereto; to repeal certain provisions of the
education law relating thereto; and to repeal certain provisions of
the public health law relating thereto (Part CC); in relation to
establishing a cost of living adjustment for designated human services
programs (Part DD); to amend part A of chapter 56 of the laws of 2013,
amending the social services law and other laws relating to enacting
the major components of legislation necessary to implement the health
and mental hygiene budget for the 2013-2014 state fiscal year, in
relation to the effectiveness of certain provisions thereof (Part EE);
to amend the education law, in relation to expanding the description
of certain services which are not prohibited by statutes governing
the practice of nursing (Part FF); to amend the mental hygiene law and
the education law, in relation to credentialing qualified mental
health associates (Part GG); to amend the mental hygiene law, in
relation to certified community behavioral health clinics (Part HH);
to amend the insurance law and the financial services law, in relation
to insurance coverage for behavioral health services (Subpart A); to
amend the insurance law and the public health law, in relation to
utilization review standards for mental health services (Subpart B);
to amend the insurance law and the public health law, in relation to
telehealth payment parity (Subpart C); to amend the insurance law, in
relation to private rights of action (Subpart D); to amend the insur-
ance law, in relation to substance use disorder treatment (Subpart E);
and to amend the insurance law and the public health law, in relation
to network adequacy for mental health and substance use disorder
services (Subpart F) (Part II); and to amend the mental hygiene law,
in relation to the imposition of sanctions by the commissioner of
mental health (Part JJ)
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. This act enacts into law major components of legislation
necessary to implement the state health and mental hygiene budget for
the 2023-2024 state fiscal year. Each component is wholly contained
within a Part identified as Parts A through JJ. The effective date for
each particular provision contained within such Part is set forth in the
last section of such Part. Any provision in any section contained within
a Part, including the effective date of the Part, which makes a refer-
ence to a section "of this act", when used in connection with that
particular component, shall be deemed to mean and refer to the corre-
sponding section of the Part in which it is found. Section three of this
act sets forth the general effective date of this act.
S. 4007--A 7 A. 3007--A
PART A
Section 1. Paragraph (a) of subdivision 1 of section 92 of part H of
chapter 59 of the laws of 2011, amending the public health law and other
laws relating to general hospital reimbursement for annual rates, as
amended by section 2 of part H of chapter 57 of the laws of 2022, is
amended to read as follows:
(a) For state fiscal years 2011-12 through [2023-24] 2024-25, the
director of the budget, in consultation with the commissioner of health
referenced as "commissioner" for purposes of this section, shall assess
on a quarterly basis, as reflected in quarterly reports pursuant to
subdivision five of this section known and projected department of
health state funds medicaid expenditures by category of service and by
geographic regions, as defined by the commissioner.
§ 2. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2023.
PART B
Section 1. Subdivision 1 of section 20 of chapter 451 of the laws of
2007 amending the public health law, the social services law and the
insurance law relating to providing enhanced consumer and provider
protections, as amended by chapter 181 of the laws of 2021, is amended
to read as follows:
1. sections four, eleven and thirteen of this act shall take effect
immediately and shall expire and be deemed repealed June 30, [2023]
2025;
§ 2. Subdivision 6-a of section 93 of part C of chapter 58 of the laws
of 2007, amending the social services law and other laws relating to
adjustments of rates, as amended by section 2 of part T of chapter 57 of
the laws of 2018, is amended to read as follows:
6-a. section fifty-seven of this act shall expire and be deemed
repealed [on March 31, 2023] MARCH 31, 2028; provided that the amend-
ments made by such section to subdivision 4 of section 366-c of the
social services law shall apply with respect to determining initial and
continuing eligibility for medical assistance, including the continued
eligibility of recipients originally determined eligible prior to the
effective date of this act, and provided further that such amendments
shall not apply to any person or group of persons if it is subsequently
determined by the Centers for Medicare and Medicaid services or by a
court of competent jurisdiction that medical assistance with federal
financial participation is available for the costs of services provided
to such person or persons under the provisions of subdivision 4 of
section 366-c of the social services law in effect immediately prior to
the effective date of this act.
§ 3. Section 3 of chapter 906 of the laws of 1984, amending the social
services law relating to expanding medical assistance eligibility and
the scope of services available to certain persons with disabilities, as
amended by section 4 of part T of chapter 57 of the laws of 2018, is
amended to read as follows:
§ 3. This act shall take effect on the thirtieth day after it shall
have become a law and shall be of no further force and effect after
[March 31, 2023] MARCH 31, 2028, at which time the provisions of this
act shall be deemed to be repealed.
S. 4007--A 8 A. 3007--A
§ 4. Subparagraph (i) of paragraph b of subdivision 6 of section 366
of the social services law, as amended by chapter 389 of the laws of
2008, is amended to read as follows:
(i) be [eighteen] TWENTY-ONE years of age or under;
§ 5. Subparagraph (i) of paragraph b of subdivision 7 of section 366
of the social services law, as amended by chapter 324 of the laws of
2004, is amended to read as follows:
(i) be [eighteen] TWENTY-ONE years of age or under;
§ 6. Subparagraph (i) of paragraph b of subdivision 9 of section 366
of the social services law, as added by chapter 170 of the laws of 1994,
is amended to read as follows:
(i) be under [eighteen] TWENTY-ONE years of age;
§ 7. Section 2 of chapter 313 of the laws of 2018, amending the public
health law relating to body imaging scanning equipment, is amended to
read as follows:
§ 2. This act shall take effect on the one hundred twentieth day after
it shall have become a law; provided, however, that, effective imme-
diately, the addition, amendment, and/or repeal of any rules and regu-
lations necessary to implement the provisions of this act on its effec-
tive date are directed to be completed on or before such effective date;
and provided further, that this act shall expire and be deemed repealed
[five years after such effective date] JANUARY 30, 2029.
§ 8. Section 5 of chapter 426 of the laws of 1983, amending the public
health law relating to professional misconduct proceedings, as amended
by chapter 106 of the laws of 2018, is amended to read as follows:
§ 5. This act shall take effect June 1, 1983 and shall remain in full
force and effect until July 1, [2023] 2033.
§ 9. Section 5 of chapter 582 of the laws of 1984, amending the public
health law relating to regulating activities of physicians, as amended
by chapter 106 of the laws of 2018, is amended to read as follows:
§ 5. This act shall take effect immediately, provided however that the
provisions of this act shall remain in full force and effect until July
1, [2023] 2033 at which time the provisions of this act shall be deemed
to be repealed.
§ 10. Subparagraph (ii) of paragraph (c) of subdivision 11 of section
230 of the public health law, as amended by chapter 106 of the laws of
2018, is amended to read as follows:
(ii) Participation and membership during a three year demonstration
period in a physician committee of the Medical Society of the State of
New York or the New York State Osteopathic Society whose purpose is to
confront and refer to treatment physicians who are thought to be suffer-
ing from alcoholism, drug abuse, or mental illness. Such demonstration
period shall commence on April first, nineteen hundred eighty and termi-
nate on May thirty-first, nineteen hundred eighty-three. An additional
demonstration period shall commence on June first, nineteen hundred
eighty-three and terminate on March thirty-first, nineteen hundred
eighty-six. An additional demonstration period shall commence on April
first, nineteen hundred eighty-six and terminate on March thirty-first,
nineteen hundred eighty-nine. An additional demonstration period shall
commence April first, nineteen hundred eighty-nine and terminate March
thirty-first, nineteen hundred ninety-two. An additional demonstration
period shall commence April first, nineteen hundred ninety-two and
terminate March thirty-first, nineteen hundred ninety-five. An addi-
tional demonstration period shall commence on April first, nineteen
hundred ninety-five and terminate on March thirty-first, nineteen
hundred ninety-eight. An additional demonstration period shall commence
S. 4007--A 9 A. 3007--A
on April first, nineteen hundred ninety-eight and terminate on March
thirty-first, two thousand three. An additional demonstration period
shall commence on April first, two thousand three and terminate on March
thirty-first, two thousand thirteen. An additional demonstration period
shall commence April first, two thousand thirteen and terminate on March
thirty-first, two thousand eighteen. An additional demonstration period
shall commence April first, two thousand eighteen and terminate on July
first, two thousand [twenty-three] THIRTY-THREE provided, however, that
the commissioner may prescribe requirements for the continuation of such
demonstration program, including periodic reviews of such programs and
submission of any reports and data necessary to permit such reviews.
During these additional periods, the provisions of this subparagraph
shall also apply to a physician committee of a county medical society.
§ 11. Section 4 of chapter 505 of the laws of 1995, amending the
public health law relating to the operation of department of health
facilities, as amended by section 1 of part E of chapter 57 of the laws
of 2019, is amended to read as follows:
§ 4. This act shall take effect immediately; provided, however, that
the provisions of paragraph (b) of subdivision 4 of section 409-c of the
public health law, as added by section three of this act, shall take
effect January 1, 1996 and shall expire and be deemed repealed [twenty-
eight years from the effective date thereof] MARCH 31, 2028.
§ 12. Paragraph (b) of subdivision 17 of section 2808 of the public
health law, as amended by section 15 of part E of chapter 57 of the laws
of 2019, is amended to read as follows:
(b) Notwithstanding any inconsistent provision of law or regulation to
the contrary, for the state fiscal years beginning April first, two
thousand ten and ending March thirty-first, two thousand [twenty-three]
TWENTY-SEVEN, the commissioner shall not be required to revise certified
rates of payment established pursuant to this article for rate periods
prior to April first, two thousand [twenty-three] TWENTY-SEVEN, based on
consideration of rate appeals filed by residential health care facili-
ties or based upon adjustments to capital cost reimbursement as a result
of approval by the commissioner of an application for construction under
section twenty-eight hundred two of this article, in excess of an aggre-
gate annual amount of eighty million dollars for each such state fiscal
year provided, however, that for the period April first, two thousand
eleven through March thirty-first, two thousand twelve such aggregate
annual amount shall be fifty million dollars. In revising such rates
within such fiscal limit, the commissioner shall, in prioritizing such
rate appeals, include consideration of which facilities the commissioner
determines are facing significant financial hardship as well as such
other considerations as the commissioner deems appropriate and, further,
the commissioner is authorized to enter into agreements with such facil-
ities or any other facility to resolve multiple pending rate appeals
based upon a negotiated aggregate amount and may offset such negotiated
aggregate amounts against any amounts owed by the facility to the
department, including, but not limited to, amounts owed pursuant to
section twenty-eight hundred seven-d of this article; provided, however,
that the commissioner's authority to negotiate such agreements resolving
multiple pending rate appeals as hereinbefore described shall continue
on and after April first, two thousand [twenty-three] TWENTY-SEVEN. Rate
adjustments made pursuant to this paragraph remain fully subject to
approval by the director of the budget in accordance with the provisions
of subdivision two of section twenty-eight hundred seven of this arti-
cle.
S. 4007--A 10 A. 3007--A
§ 13. Paragraph (a) of subdivision 13 of section 3614 of the public
health law, as amended by section 16 of part E of chapter 57 of the laws
of 2019, is amended to read as follows:
(a) Notwithstanding any inconsistent provision of law or regulation
and subject to the availability of federal financial participation,
effective April first, two thousand twelve through March thirty-first,
two thousand [twenty-three] TWENTY-SEVEN, payments by government agen-
cies for services provided by certified home health agencies, except for
such services provided to children under eighteen years of age and other
discreet groups as may be determined by the commissioner pursuant to
regulations, shall be based on episodic payments. In establishing such
payments, a statewide base price shall be established for each sixty day
episode of care and adjusted by a regional wage index factor and an
individual patient case mix index. Such episodic payments may be further
adjusted for low utilization cases and to reflect a percentage limita-
tion of the cost for high-utilization cases that exceed outlier thresh-
olds of such payments.
§ 14. Section 4 of chapter 19 of the laws of 1998, amending the social
services law relating to limiting the method of payment for prescription
drugs under the medical assistance program, as amended by section 2 of
part BB of chapter 56 of the laws of 2020, is amended to read as
follows:
§ 4. This act shall take effect 120 days after it shall have become a
law and shall expire and be deemed repealed March 31, [2023] 2026.
§ 15. Paragraph (e-1) of subdivision 12 of section 2808 of the public
health law, as amended by section 3 of part BB of chapter 56 of the laws
of 2020, is amended to read as follows:
(e-1) Notwithstanding any inconsistent provision of law or regulation,
the commissioner shall provide, in addition to payments established
pursuant to this article prior to application of this section, addi-
tional payments under the medical assistance program pursuant to title
eleven of article five of the social services law for non-state operated
public residential health care facilities, including public residential
health care facilities located in the county of Nassau, the county of
Westchester and the county of Erie, but excluding public residential
health care facilities operated by a town or city within a county, in
aggregate annual amounts of up to one hundred fifty million dollars in
additional payments for the state fiscal year beginning April first, two
thousand six and for the state fiscal year beginning April first, two
thousand seven and for the state fiscal year beginning April first, two
thousand eight and of up to three hundred million dollars in such aggre-
gate annual additional payments for the state fiscal year beginning
April first, two thousand nine, and for the state fiscal year beginning
April first, two thousand ten and for the state fiscal year beginning
April first, two thousand eleven, and for the state fiscal years begin-
ning April first, two thousand twelve and April first, two thousand
thirteen, and of up to five hundred million dollars in such aggregate
annual additional payments for the state fiscal years beginning April
first, two thousand fourteen, April first, two thousand fifteen and
April first, two thousand sixteen and of up to five hundred million
dollars in such aggregate annual additional payments for the state
fiscal years beginning April first, two thousand seventeen, April first,
two thousand eighteen, and April first, two thousand nineteen, and of up
to five hundred million dollars in such aggregate annual additional
payments for the state fiscal years beginning April first, two thousand
twenty, April first, two thousand twenty-one, and April first, two thou-
S. 4007--A 11 A. 3007--A
sand twenty-two, AND OF UP TO FIVE HUNDRED MILLION DOLLARS IN SUCH
AGGREGATE ANNUAL ADDITIONAL PAYMENTS FOR THE STATE FISCAL YEARS BEGIN-
NING APRIL FIRST, TWO THOUSAND TWENTY-THREE, APRIL FIRST, TWO THOUSAND
TWENTY-FOUR, AND APRIL FIRST, TWO THOUSAND TWENTY-FIVE. The amount allo-
cated to each eligible public residential health care facility for this
period shall be computed in accordance with the provisions of paragraph
(f) of this subdivision, provided, however, that patient days shall be
utilized for such computation reflecting actual reported data for two
thousand three and each representative succeeding year as applicable,
and provided further, however, that, in consultation with impacted
providers, of the funds allocated for distribution in the state fiscal
year beginning April first, two thousand thirteen, up to thirty-two
million dollars may be allocated in accordance with paragraph (f-1) of
this subdivision.
§ 16. Section 18 of chapter 904 of the laws of 1984, amending the
public health law and the social services law relating to encouraging
comprehensive health services, as amended by section 4 of part BB of
chapter 56 of the laws of 2020, is amended to read as follows:
§ 18. This act shall take effect immediately, except that sections
six, nine, ten and eleven of this act shall take effect on the sixtieth
day after it shall have become a law, sections two, three, four and nine
of this act shall expire and be of no further force or effect on or
after March 31, [2023] 2026, section two of this act shall take effect
on April 1, 1985 or seventy-five days following the submission of the
report required by section one of this act, whichever is later, and
sections eleven and thirteen of this act shall expire and be of no
further force or effect on or after March 31, 1988.
§ 17. Section 4 of part X2 of chapter 62 of the laws of 2003, amending
the public health law relating to allowing for the use of funds of the
office of professional medical conduct for activities of the patient
health information and quality improvement act of 2000, as amended by
section 5 of part BB of chapter 56 of the laws of 2020, is amended to
read as follows:
§ 4. This act shall take effect immediately[; provided that the
provisions of section one of this act shall be deemed to have been in
full force and effect on and after April 1, 2003, and shall expire March
31, 2023 when upon such date the provisions of such section shall be
deemed repealed].
§ 18. Subdivision (o) of section 111 of part H of chapter 59 of the
laws of 2011, amending the public health law relating to the statewide
health information network of New York and the statewide planning and
research cooperative system and general powers and duties, as amended by
section 6 of part BB of chapter 56 of the laws of 2020, is amended to
read as follows:
[(o) sections thirty-eight and thirty-eight-a of this act shall expire
and be deemed repealed March 31, 2023;]
§ 19. Section 32 of part A of chapter 58 of the laws of 2008, amending
the elder law and other laws relating to reimbursement to participating
provider pharmacies and prescription drug coverage, as amended by
section 7 of part BB of chapter 56 of the laws of 2020, is amended to
read as follows:
§ 32. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2008; provided
however, that sections one, six-a, nineteen, twenty, twenty-four, and
twenty-five of this act shall take effect July 1, 2008; provided however
that sections sixteen, seventeen and eighteen of this act shall expire
S. 4007--A 12 A. 3007--A
April 1, [2023] 2026; provided, however, that the amendments made by
section twenty-eight of this act shall take effect on the same date as
section 1 of chapter 281 of the laws of 2007 takes effect; provided
further, that sections twenty-nine, thirty, and thirty-one of this act
shall take effect October 1, 2008; provided further, that section twen-
ty-seven of this act shall take effect January 1, 2009; and provided
further, that section twenty-seven of this act shall expire and be
deemed repealed March 31, [2023] 2026; and provided, further, however,
that the amendments to subdivision 1 of section 241 of the education law
made by section twenty-nine of this act shall not affect the expiration
of such subdivision and shall be deemed to expire therewith and provided
that the amendments to section 272 of the public health law made by
section thirty of this act shall not affect the repeal of such section
and shall be deemed repealed therewith.
§ 20. Section 228 of chapter 474 of the laws of 1996, amending the
education law and other laws relating to rates for residential health
care facilities, as amended by section 12 of part BB of chapter 56 of
the laws of 2020, is amended to read as follows:
§ 228. 1. Definitions. (a) Regions, for purposes of this section,
shall mean a downstate region to consist of Kings, New York, Richmond,
Queens, Bronx, Nassau and Suffolk counties and an upstate region to
consist of all other New York state counties. A certified home health
agency or long term home health care program shall be located in the
same county utilized by the commissioner of health for the establishment
of rates pursuant to article 36 of the public health law.
(b) Certified home health agency (CHHA) shall mean such term as
defined in section 3602 of the public health law.
(c) Long term home health care program (LTHHCP) shall mean such term
as defined in subdivision 8 of section 3602 of the public health law.
(d) Regional group shall mean all those CHHAs and LTHHCPs, respective-
ly, located within a region.
(e) Medicaid revenue percentage, for purposes of this section, shall
mean CHHA and LTHHCP revenues attributable to services provided to
persons eligible for payments pursuant to title 11 of article 5 of the
social services law divided by such revenues plus CHHA and LTHHCP reven-
ues attributable to services provided to beneficiaries of Title XVIII of
the federal social security act (medicare).
(f) Base period, for purposes of this section, shall mean calendar
year 1995.
(g) Target period. For purposes of this section, the 1996 target peri-
od shall mean August 1, 1996 through March 31, 1997, the 1997 target
period shall mean January 1, 1997 through November 30, 1997, the 1998
target period shall mean January 1, 1998 through November 30, 1998, the
1999 target period shall mean January 1, 1999 through November 30, 1999,
the 2000 target period shall mean January 1, 2000 through November 30,
2000, the 2001 target period shall mean January 1, 2001 through November
30, 2001, the 2002 target period shall mean January 1, 2002 through
November 30, 2002, the 2003 target period shall mean January 1, 2003
through November 30, 2003, the 2004 target period shall mean January 1,
2004 through November 30, 2004, and the 2005 target period shall mean
January 1, 2005 through November 30, 2005, the 2006 target period shall
mean January 1, 2006 through November 30, 2006, and the 2007 target
period shall mean January 1, 2007 through November 30, 2007 and the 2008
target period shall mean January 1, 2008 through November 30, 2008, and
the 2009 target period shall mean January 1, 2009 through November 30,
2009 and the 2010 target period shall mean January 1, 2010 through
S. 4007--A 13 A. 3007--A
November 30, 2010 and the 2011 target period shall mean January 1, 2011
through November 30, 2011 and the 2012 target period shall mean January
1, 2012 through November 30, 2012 and the 2013 target period shall mean
January 1, 2013 through November 30, 2013, and the 2014 target period
shall mean January 1, 2014 through November 30, 2014 and the 2015 target
period shall mean January 1, 2015 through November 30, 2015 and the 2016
target period shall mean January 1, 2016 through November 30, 2016 and
the 2017 target period shall mean January 1, 2017 through November 30,
2017 and the 2018 target period shall mean January 1, 2018 through
November 30, 2018 and the 2019 target period shall mean January 1, 2019
through November 30, 2019 and the 2020 target period shall mean January
1, 2020 through November 30, 2020[,] and the 2021 target period shall
mean January 1, 2021 through November 30, 2021 and the 2022 target peri-
od shall mean January 1, 2022 through November 30, 2022 and the 2023
target period shall mean January 1, 2023 through November 30, 2023 AND
THE 2024 TARGET PERIOD SHALL MEAN JANUARY 1, 2024 THROUGH NOVEMBER 30,
2024 AND THE 2025 TARGET PERIOD SHALL MEAN JANUARY 1, 2025 THROUGH
NOVEMBER 30, 2025 AND THE 2026 TARGET PERIOD SHALL MEAN JANUARY 1, 2026
THROUGH NOVEMBER 30, 2026 AND THE 2027 TARGET PERIOD SHALL MEAN JANUARY
1, 2027 THROUGH NOVEMBER 30, 2027.
2. (a) Prior to February 1, 1997, for each regional group the commis-
sioner of health shall calculate the 1996 medicaid revenue percentages
for the period commencing August 1, 1996 to the last date for which such
data is available and reasonably accurate.
(b) Prior to February 1, 1998, prior to February 1, 1999, prior to
February 1, 2000, prior to February 1, 2001, prior to February 1, 2002,
prior to February 1, 2003, prior to February 1, 2004, prior to February
1, 2005, prior to February 1, 2006, prior to February 1, 2007, prior to
February 1, 2008, prior to February 1, 2009, prior to February 1, 2010,
prior to February 1, 2011, prior to February 1, 2012, prior to February
1, 2013, prior to February 1, 2014, prior to February 1, 2015, prior to
February 1, 2016, prior to February 1, 2017, prior to February 1, 2018,
prior to February 1, 2019, prior to February 1, 2020, prior to February
1, 2021, prior to February 1, 2022, [and] prior to February 1, 2023,
PRIOR TO FEBRUARY 1, 2024, PRIOR TO FEBRUARY 1, 2025, PRIOR TO FEBRUARY
1, 2026 AND PRIOR TO FEBRUARY 1, 2027 for each regional group the
commissioner of health shall calculate the prior year's medicaid revenue
percentages for the period commencing January 1 through November 30 of
such prior year.
3. By September 15, 1996, for each regional group the commissioner of
health shall calculate the base period medicaid revenue percentage.
4. (a) For each regional group, the 1996 target medicaid revenue
percentage shall be calculated by subtracting the 1996 medicaid revenue
reduction percentages from the base period medicaid revenue percentages.
The 1996 medicaid revenue reduction percentage, taking into account
regional and program differences in utilization of medicaid and medicare
services, for the following regional groups shall be equal to:
(i) one and one-tenth percentage points for CHHAs located within the
downstate region;
(ii) six-tenths of one percentage point for CHHAs located within the
upstate region;
(iii) one and eight-tenths percentage points for LTHHCPs located with-
in the downstate region; and
(iv) one and seven-tenths percentage points for LTHHCPs located within
the upstate region.
S. 4007--A 14 A. 3007--A
(b) For 1997, 1998, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007,
2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019,
2020, 2021, 2022 [and], 2023, 2024, 2025, 2026 AND 2027 for each
regional group, the target medicaid revenue percentage for the respec-
tive year shall be calculated by subtracting the respective year's medi-
caid revenue reduction percentage from the base period medicaid revenue
percentage. The medicaid revenue reduction percentages for 1997, 1998,
2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010, 2011,
2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019, 2020, 2021, 2022 [and],
2023, 2024, 2025, 2026 AND 2027, taking into account regional and
program differences in utilization of medicaid and medicare services,
for the following regional groups shall be equal to for each such year:
(i) one and one-tenth percentage points for CHHAs located within the
downstate region;
(ii) six-tenths of one percentage point for CHHAs located within the
upstate region;
(iii) one and eight-tenths percentage points for LTHHCPs located with-
in the downstate region; and
(iv) one and seven-tenths percentage points for LTHHCPs located within
the upstate region.
(c) For each regional group, the 1999 target medicaid revenue percent-
age shall be calculated by subtracting the 1999 medicaid revenue
reduction percentage from the base period medicaid revenue percentage.
The 1999 medicaid revenue reduction percentages, taking into account
regional and program differences in utilization of medicaid and medicare
services, for the following regional groups shall be equal to:
(i) eight hundred twenty-five thousandths (.825) of one percentage
point for CHHAs located within the downstate region;
(ii) forty-five hundredths (.45) of one percentage point for CHHAs
located within the upstate region;
(iii) one and thirty-five hundredths percentage points (1.35) for
LTHHCPs located within the downstate region; and
(iv) one and two hundred seventy-five thousandths percentage points
(1.275) for LTHHCPs located within the upstate region.
5. (a) For each regional group, if the 1996 medicaid revenue percent-
age is not equal to or less than the 1996 target medicaid revenue
percentage, the commissioner of health shall compare the 1996 medicaid
revenue percentage to the 1996 target medicaid revenue percentage to
determine the amount of the shortfall which, when divided by the 1996
medicaid revenue reduction percentage, shall be called the 1996
reduction factor. These amounts, expressed as a percentage, shall not
exceed one hundred percent. If the 1996 medicaid revenue percentage is
equal to or less than the 1996 target medicaid revenue percentage, the
1996 reduction factor shall be zero.
(b) For 1997, 1998, 1999, 2000, 2001, 2002, 2003, 2004, 2005, 2006,
2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018,
2019, 2020, 2021, 2022 [and], 2023, 2024, 2025, 2026 AND 2027, for each
regional group, if the medicaid revenue percentage for the respective
year is not equal to or less than the target medicaid revenue percentage
for such respective year, the commissioner of health shall compare such
respective year's medicaid revenue percentage to such respective year's
target medicaid revenue percentage to determine the amount of the short-
fall which, when divided by the respective year's medicaid revenue
reduction percentage, shall be called the reduction factor for such
respective year. These amounts, expressed as a percentage, shall not
exceed one hundred percent. If the medicaid revenue percentage for a
S. 4007--A 15 A. 3007--A
particular year is equal to or less than the target medicaid revenue
percentage for that year, the reduction factor for that year shall be
zero.
6. (a) For each regional group, the 1996 reduction factor shall be
multiplied by the following amounts to determine each regional group's
applicable 1996 state share reduction amount:
(i) two million three hundred ninety thousand dollars ($2,390,000) for
CHHAs located within the downstate region;
(ii) seven hundred fifty thousand dollars ($750,000) for CHHAs located
within the upstate region;
(iii) one million two hundred seventy thousand dollars ($1,270,000)
for LTHHCPs located within the downstate region; and
(iv) five hundred ninety thousand dollars ($590,000) for LTHHCPs
located within the upstate region.
For each regional group reduction, if the 1996 reduction factor shall
be zero, there shall be no 1996 state share reduction amount.
(b) For 1997, 1998, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007,
2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019,
2020, 2021, 2022 [and], 2023, 2024, 2025, 2026 AND 2027, for each
regional group, the reduction factor for the respective year shall be
multiplied by the following amounts to determine each regional group's
applicable state share reduction amount for such respective year:
(i) two million three hundred ninety thousand dollars ($2,390,000) for
CHHAs located within the downstate region;
(ii) seven hundred fifty thousand dollars ($750,000) for CHHAs located
within the upstate region;
(iii) one million two hundred seventy thousand dollars ($1,270,000)
for LTHHCPs located within the downstate region; and
(iv) five hundred ninety thousand dollars ($590,000) for LTHHCPs
located within the upstate region.
For each regional group reduction, if the reduction factor for a
particular year shall be zero, there shall be no state share reduction
amount for such year.
(c) For each regional group, the 1999 reduction factor shall be multi-
plied by the following amounts to determine each regional group's appli-
cable 1999 state share reduction amount:
(i) one million seven hundred ninety-two thousand five hundred dollars
($1,792,500) for CHHAs located within the downstate region;
(ii) five hundred sixty-two thousand five hundred dollars ($562,500)
for CHHAs located within the upstate region;
(iii) nine hundred fifty-two thousand five hundred dollars ($952,500)
for LTHHCPs located within the downstate region; and
(iv) four hundred forty-two thousand five hundred dollars ($442,500)
for LTHHCPs located within the upstate region.
For each regional group reduction, if the 1999 reduction factor shall
be zero, there shall be no 1999 state share reduction amount.
7. (a) For each regional group, the 1996 state share reduction amount
shall be allocated by the commissioner of health among CHHAs and LTHHCPs
on the basis of the extent of each CHHA's and LTHHCP's failure to
achieve the 1996 target medicaid revenue percentage, calculated on a
provider specific basis utilizing revenues for this purpose, expressed
as a proportion of the total of each CHHA's and LTHHCP's failure to
achieve the 1996 target medicaid revenue percentage within the applica-
ble regional group. This proportion shall be multiplied by the applica-
ble 1996 state share reduction amount calculation pursuant to paragraph
S. 4007--A 16 A. 3007--A
(a) of subdivision 6 of this section. This amount shall be called the
1996 provider specific state share reduction amount.
(b) For 1997, 1998, 1999, 2000, 2001, 2002, 2003, 2004, 2005, 2006,
2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018,
2019, 2020, 2021, 2022 [and], 2023, 2024, 2025, 2026 AND 2027 for each
regional group, the state share reduction amount for the respective year
shall be allocated by the commissioner of health among CHHAs and LTHHCPs
on the basis of the extent of each CHHA's and LTHHCP's failure to
achieve the target medicaid revenue percentage for the applicable year,
calculated on a provider specific basis utilizing revenues for this
purpose, expressed as a proportion of the total of each CHHA's and
LTHHCP's failure to achieve the target medicaid revenue percentage for
the applicable year within the applicable regional group. This propor-
tion shall be multiplied by the applicable year's state share reduction
amount calculation pursuant to paragraph (b) or (c) of subdivision 6 of
this section. This amount shall be called the provider specific state
share reduction amount for the applicable year.
8. (a) The 1996 provider specific state share reduction amount shall
be due to the state from each CHHA and LTHHCP and may be recouped by the
state by March 31, 1997 in a lump sum amount or amounts from payments
due to the CHHA and LTHHCP pursuant to title 11 of article 5 of the
social services law.
(b) The provider specific state share reduction amount for 1997, 1998,
1999, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010,
2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019, 2020, 2021, 2022
[and], 2023, 2024, 2025, 2026 AND 2027 respectively, shall be due to the
state from each CHHA and LTHHCP and each year the amount due for such
year may be recouped by the state by March 31 of the following year in a
lump sum amount or amounts from payments due to the CHHA and LTHHCP
pursuant to title 11 of article 5 of the social services law.
9. CHHAs and LTHHCPs shall submit such data and information at such
times as the commissioner of health may require for purposes of this
section. The commissioner of health may use data available from third-
party payors.
10. On or about June 1, 1997, for each regional group the commissioner
of health shall calculate for the period August 1, 1996 through March
31, 1997 a medicaid revenue percentage, a reduction factor, a state
share reduction amount, and a provider specific state share reduction
amount in accordance with the methodology provided in paragraph (a) of
subdivision 2, paragraph (a) of subdivision 5, paragraph (a) of subdivi-
sion 6 and paragraph (a) of subdivision 7 of this section. The provider
specific state share reduction amount calculated in accordance with this
subdivision shall be compared to the 1996 provider specific state share
reduction amount calculated in accordance with paragraph (a) of subdivi-
sion 7 of this section. Any amount in excess of the amount determined in
accordance with paragraph (a) of subdivision 7 of this section shall be
due to the state from each CHHA and LTHHCP and may be recouped in
accordance with paragraph (a) of subdivision 8 of this section. If the
amount is less than the amount determined in accordance with paragraph
(a) of subdivision 7 of this section, the difference shall be refunded
to the CHHA and LTHHCP by the state no later than July 15, 1997. CHHAs
and LTHHCPs shall submit data for the period August 1, 1996 through
March 31, 1997 to the commissioner of health by April 15, 1997.
11. If a CHHA or LTHHCP fails to submit data and information as
required for purposes of this section:
S. 4007--A 17 A. 3007--A
(a) such CHHA or LTHHCP shall be presumed to have no decrease in medi-
caid revenue percentage between the applicable base period and the
applicable target period for purposes of the calculations pursuant to
this section; and
(b) the commissioner of health shall reduce the current rate paid to
such CHHA and such LTHHCP by state governmental agencies pursuant to
article 36 of the public health law by one percent for a period begin-
ning on the first day of the calendar month following the applicable due
date as established by the commissioner of health and continuing until
the last day of the calendar month in which the required data and infor-
mation are submitted.
12. The commissioner of health shall inform in writing the director of
the budget and the chair of the senate finance committee and the chair
of the assembly ways and means committee of the results of the calcu-
lations pursuant to this section.
§ 21. Paragraph (f) of subdivision 1 of section 64 of chapter 81 of
the laws of 1995, amending the public health law and other laws relating
to medical reimbursement and welfare reform, as amended by section 13 of
part BB of chapter 56 of the laws of 2020, is amended to read as
follows:
(f) Prior to February 1, 2001, February 1, 2002, February 1, 2003,
February 1, 2004, February 1, 2005, February 1, 2006, February 1, 2007,
February 1, 2008, February 1, 2009, February 1, 2010, February 1, 2011,
February 1, 2012, February 1, 2013, February 1, 2014, February 1, 2015,
February 1, 2016, February 1, 2017, February 1, 2018, February 1, 2019,
February 1, 2020, February 1, 2021, February 1, 2022 [and], February 1,
2023, FEBRUARY 1, 2024, FEBRUARY 1, 2025 AND FEBRUARY 1, 2026, the
commissioner of health shall calculate the result of the statewide total
of residential health care facility days of care provided to benefici-
aries of title XVIII of the federal social security act (medicare),
divided by the sum of such days of care plus days of care provided to
residents eligible for payments pursuant to title 11 of article 5 of the
social services law minus the number of days provided to residents
receiving hospice care, expressed as a percentage, for the period
commencing January 1, through November 30, of the prior year respective-
ly, based on such data for such period. This value shall be called the
2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010, 2011,
2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019, 2020, 2021, 2022 [and],
2023, 2024, 2025 AND 2026 statewide target percentage respectively.
§ 22. Subparagraph (ii) of paragraph (b) of subdivision 3 of section
64 of chapter 81 of the laws of 1995, amending the public health law and
other laws relating to medical reimbursement and welfare reform, as
amended by section 14 of part BB of chapter 56 of the laws of 2020, is
amended to read as follows:
(ii) If the 1997, 1998, 2000, 2001, 2002, 2003, 2004, 2005, 2006,
2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018,
2019, 2020, 2021, 2022 [and], 2023, 2024, 2025 AND 2026 statewide target
percentages are not for each year at least three percentage points high-
er than the statewide base percentage, the commissioner of health shall
determine the percentage by which the statewide target percentage for
each year is not at least three percentage points higher than the state-
wide base percentage. The percentage calculated pursuant to this para-
graph shall be called the 1997, 1998, 2000, 2001, 2002, 2003, 2004,
2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016,
2017, 2018, 2019, 2020, 2021, 2022 [and], 2023, 2024, 2025 AND 2026
statewide reduction percentage respectively. If the 1997, 1998, 2000,
S. 4007--A 18 A. 3007--A
2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012,
2013, 2014, 2015, 2016, 2017, 2018, 2019, 2020, 2021, 2022 [and], 2023,
2024, 2025 AND 2026 statewide target percentage for the respective year
is at least three percentage points higher than the statewide base
percentage, the statewide reduction percentage for the respective year
shall be zero.
§ 23. Subparagraph (iii) of paragraph (b) of subdivision 4 of section
64 of chapter 81 of the laws of 1995, amending the public health law and
other laws relating to medical reimbursement and welfare reform, as
amended by section 15 of part BB of chapter 56 of the laws of 2020, is
amended to read as follows:
(iii) The 1998, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008,
2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019, 2020,
2021, 2022 [and], 2023, 2024, 2025 AND 2026 statewide reduction percent-
age shall be multiplied by one hundred two million dollars respectively
to determine the 1998, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007,
2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019,
2020, 2021, 2022 [and], 2023, 2024, 2025 AND 2026 statewide aggregate
reduction amount. If the 1998 and the 2000, 2001, 2002, 2003, 2004,
2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016,
2017, 2018, 2019, 2020, 2021, 2022 [and], 2023, 2024, 2025 AND 2026
statewide reduction percentage shall be zero respectively, there shall
be no 1998, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009,
2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019 2020, 2021,
2022 [and], 2023, 2024, 2025 AND 2026 reduction amount.
§ 24. The opening paragraph of paragraph (e) of subdivision 7 of
section 367-a of the social services law, as amended by section 1 of
part GG of chapter 56 of the laws of 2020, is amended to read as
follows:
During the period from April first, two thousand fifteen through March
thirty-first, two thousand [twenty-three] TWENTY-SIX, the commissioner
may, in lieu of a managed care provider or pharmacy benefit manager,
negotiate directly and enter into an arrangement with a pharmaceutical
manufacturer for the provision of supplemental rebates relating to phar-
maceutical utilization by enrollees of managed care providers pursuant
to section three hundred sixty-four-j of this title and may also negoti-
ate directly and enter into such an agreement relating to pharmaceutical
utilization by medical assistance recipients not so enrolled. Such
rebate arrangements shall be limited to the following: antiretrovirals
approved by the FDA for the treatment of HIV/AIDS, opioid dependence
agents and opioid antagonists listed in a statewide formulary estab-
lished pursuant to subparagraph (vii) of this paragraph, hepatitis C
agents, high cost drugs as provided for in subparagraph (viii) of this
paragraph, gene therapies as provided for in subparagraph (ix) of this
paragraph, and any other class or drug designated by the commissioner
for which the pharmaceutical manufacturer has in effect a rebate
arrangement with the federal secretary of health and human services
pursuant to 42 U.S.C. § 1396r-8, and for which the state has established
standard clinical criteria. No agreement entered into pursuant to this
paragraph shall have an initial term or be extended beyond the expira-
tion or repeal of this paragraph.
§ 25. Subdivision 1 of section 60 of part B of chapter 57 of the laws
of 2015, amending the social services law and other laws relating to
supplemental rebates, as amended by section 8 of part GG of chapter 56
of the laws of 2020, is amended to read as follows:
S. 4007--A 19 A. 3007--A
1. section one of this act shall expire and be deemed repealed March
31, [2026] 2029;
§ 26. Section 8 of part KK of chapter 56 of the laws of 2020, amending
the public health law relating to the designation of statewide general
hospital quality and sole community pools and the reduction of capital
related inpatient expenses, is amended to read as follows:
§ 8. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2020, provided,
further that sections [three] FOUR through [nine] SEVEN of this act
shall expire and be deemed repealed March 31, [2023] 2026; provided
further, however, that the director of the budget may, in consultation
with the commissioner of health, delay the effective dates prescribed
herein for a period of time which shall not exceed ninety days following
the conclusion or termination of an executive order issued pursuant to
section 28 of the executive law declaring a state disaster emergency for
the entire state of New York, upon such delay the director of budget
shall notify the chairs of the assembly ways and means committee and
senate finance committee and the chairs of the assembly and senate
health committee; provided further, however, that the director of the
budget shall notify the legislative bill drafting commission upon the
occurrence of a delay in the effective date of this act in order that
the commission may maintain an accurate and timely effective data base
of the official text of the laws of the state of New York in furtherance
of effectuating the provisions of section 44 of the legislative law and
section 70-b of the public officers law.
§ 27. Subdivision 4-a of section 71 of part C of chapter 60 of the
laws of 2014, amending the social services law relating to fair hearings
within the Fully Integrated Duals Advantage program, as amended by
section 7 of part MM of chapter 56 of the laws of 2020, is amended to
read as follows:
4-a. section twenty-two of this act shall take effect April 1, 2014,
and shall be deemed expired January 1, [2024] 2027;
§ 28. Section 4 of chapter 779 of the laws of 1986, amending the
social services law relating to authorizing services for non-residents
in adult homes, residences for adults and enriched housing programs, as
amended by section 1 of item PP of subpart B of part XXX of chapter 58
of the laws of 2020, is amended to read as follows:
§ 4. This act shall take effect on the one hundred twentieth day after
it shall have become a law and shall remain in full force and effect
until July 1, [2023] 2027, provided however, that effective immediately,
the addition, amendment and/or repeal of any rules or regulations neces-
sary for the implementation of the foregoing sections of this act on its
effective date are authorized and directed to be made and completed on
or before such effective date.
§ 29. Section 11 of chapter 884 of the laws of 1990, amending the
public health law relating to authorizing bad debt and charity care
allowances for certified home health agencies, as amended by section 1
of part S of chapter 57 of the laws of 2021, is amended to read as
follows:
§ 11. This act shall take effect immediately and:
(a) sections one and three shall expire on December 31, 1996,
(b) sections four through ten shall expire on June 30, [2023] 2025,
and
(c) provided that the amendment to section 2807-b of the public health
law by section two of this act shall not affect the expiration of such
S. 4007--A 20 A. 3007--A
section 2807-b as otherwise provided by law and shall be deemed to
expire therewith.
§ 30. Subdivision 5-a of section 246 of chapter 81 of the laws of
1995, amending the public health law and other laws relating to medical
reimbursement and welfare reform, as amended by section 3 of part S of
chapter 57 of the laws of 2021, is amended to read as follows:
5-a. Section sixty-four-a of this act shall be deemed to have been in
full force and effect on and after April 1, 1995 through March 31, 1999
and on and after July 1, 1999 through March 31, 2000 and on and after
April 1, 2000 through March 31, 2003 and on and after April 1, 2003
through March 31, 2007, and on and after April 1, 2007 through March 31,
2009, and on and after April 1, 2009 through March 31, 2011, and on and
after April 1, 2011 through March 31, 2013, and on and after April 1,
2013 through March 31, 2015, and on and after April 1, 2015 through
March 31, 2017 and on and after April 1, 2017 through March 31, 2019,
and on and after April 1, 2019 through March 31, 2021, and on and after
April 1, 2021 through March 31, 2023, AND ON AND AFTER APRIL 1, 2023
THROUGH MARCH 31, 2027;
§ 31. Section 64-b of chapter 81 of the laws of 1995, amending the
public health law and other laws relating to medical reimbursement and
welfare reform, as amended by section 4 of part S of chapter 57 of the
laws of 2021, is amended to read as follows:
§ 64-b. Notwithstanding any inconsistent provision of law, the
provisions of subdivision 7 of section 3614 of the public health law, as
amended, shall remain and be in full force and effect on April 1, 1995
through March 31, 1999 and on July 1, 1999 through March 31, 2000 and on
and after April 1, 2000 through March 31, 2003 and on and after April 1,
2003 through March 31, 2007, and on and after April 1, 2007 through
March 31, 2009, and on and after April 1, 2009 through March 31, 2011,
and on and after April 1, 2011 through March 31, 2013, and on and after
April 1, 2013 through March 31, 2015, and on and after April 1, 2015
through March 31, 2017 and on and after April 1, 2017 through March 31,
2019, and on and after April 1, 2019 through March 31, 2021, and on and
after April 1, 2021 through March 31, 2023, AND ON AND AFTER APRIL 1,
2023 THROUGH MARCH 31, 2027.
§ 32. Section 4-a of part A of chapter 56 of the laws of 2013, amend-
ing chapter 59 of the laws of 2011 amending the public health law and
other laws relating to general hospital reimbursement for annual rates,
as amended by section 5 of part S of chapter 57 of the laws of 2021, is
amended to read as follows:
§ 4-a. Notwithstanding paragraph (c) of subdivision 10 of section
2807-c of the public health law, section 21 of chapter 1 of the laws of
1999, or any other contrary provision of law, in determining rates of
payments by state governmental agencies effective for services provided
on and after January 1, 2017 through March 31, [2023] 2025, for inpa-
tient and outpatient services provided by general hospitals, for inpa-
tient services and adult day health care outpatient services provided by
residential health care facilities pursuant to article 28 of the public
health law, except for residential health care facilities or units of
such facilities providing services primarily to children under twenty-
one years of age, for home health care services provided pursuant to
article 36 of the public health law by certified home health agencies,
long term home health care programs and AIDS home care programs, and for
personal care services provided pursuant to section 365-a of the social
services law, the commissioner of health shall apply no greater than
zero trend factors attributable to the 2017, 2018, 2019, 2020, 2021,
S. 4007--A 21 A. 3007--A
2022 [and], 2023, 2024 AND 2025 calendar years in accordance with para-
graph (c) of subdivision 10 of section 2807-c of the public health law,
provided, however, that such no greater than zero trend factors attrib-
utable to such 2017, 2018, 2019, 2020, 2021, 2022 [and], 2023, 2024 AND
2025 calendar years shall also be applied to rates of payment provided
on and after January 1, 2017 through March 31, [2023] 2025 for personal
care services provided in those local social services districts, includ-
ing New York city, whose rates of payment for such services are estab-
lished by such local social services districts pursuant to a rate-set-
ting exemption issued by the commissioner of health to such local social
services districts in accordance with applicable regulations; and
provided further, however, that for rates of payment for assisted living
program services provided on and after January 1, 2017 through March 31,
[2023] 2025, such trend factors attributable to the 2017, 2018, 2019,
2020, 2021, 2022 [and], 2023, 2024 AND 2025 calendar years shall be
established at no greater than zero percent.
§ 33. Subdivision 2 of section 246 of chapter 81 of the laws of 1995,
amending the public health law and other laws relating to medical
reimbursement and welfare reform, as amended by section 6 of part S of
chapter 57 of the laws of 2021, is amended to read as follows:
2. Sections five, seven through nine, twelve through fourteen, and
eighteen of this act shall be deemed to have been in full force and
effect on and after April 1, 1995 through March 31, 1999 and on and
after July 1, 1999 through March 31, 2000 and on and after April 1, 2000
through March 31, 2003 and on and after April 1, 2003 through March 31,
2006 and on and after April 1, 2006 through March 31, 2007 and on and
after April 1, 2007 through March 31, 2009 and on and after April 1,
2009 through March 31, 2011 and sections twelve, thirteen and fourteen
of this act shall be deemed to be in full force and effect on and after
April 1, 2011 through March 31, 2015 and on and after April 1, 2015
through March 31, 2017 and on and after April 1, 2017 through March 31,
2019, and on and after April 1, 2019 through March 31, 2021, and on and
after April 1, 2021 through March 31, 2023, AND ON AND AFTER APRIL 1,
2023 THROUGH MARCH 31, 2025;
§ 34. Subparagraph (vi) of paragraph (b) of subdivision 2 of section
2807-d of the public health law, as amended by section 11 of part S of
chapter 57 of the laws of 2021, is amended to read as follows:
(vi) Notwithstanding any contrary provision of this paragraph or any
other provision of law or regulation to the contrary, for residential
health care facilities the assessment shall be six percent of each resi-
dential health care facility's gross receipts received from all patient
care services and other operating income on a cash basis for the period
April first, two thousand two through March thirty-first, two thousand
three for hospital or health-related services, including adult day
services; provided, however, that residential health care facilities'
gross receipts attributable to payments received pursuant to title XVIII
of the federal social security act (medicare) shall be excluded from the
assessment; provided, however, that for all such gross receipts received
on or after April first, two thousand three through March thirty-first,
two thousand five, such assessment shall be five percent, and further
provided that for all such gross receipts received on or after April
first, two thousand five through March thirty-first, two thousand nine,
and on or after April first, two thousand nine through March thirty-
first, two thousand eleven such assessment shall be six percent, and
further provided that for all such gross receipts received on or after
April first, two thousand eleven through March thirty-first, two thou-
S. 4007--A 22 A. 3007--A
sand thirteen such assessment shall be six percent, and further provided
that for all such gross receipts received on or after April first, two
thousand thirteen through March thirty-first, two thousand fifteen such
assessment shall be six percent, and further provided that for all such
gross receipts received on or after April first, two thousand fifteen
through March thirty-first, two thousand seventeen such assessment shall
be six percent, and further provided that for all such gross receipts
received on or after April first, two thousand seventeen through March
thirty-first, two thousand nineteen such assessment shall be six
percent, and further provided that for all such gross receipts received
on or after April first, two thousand nineteen through March thirty-
first, two thousand twenty-one such assessment shall be six percent, and
further provided that for all such gross receipts received on or after
April first, two thousand twenty-one through March thirty-first, two
thousand twenty-three such assessment shall be six percent, AND FURTHER
PROVIDED THAT FOR ALL SUCH GROSS RECEIPTS RECEIVED ON OR AFTER APRIL
FIRST, TWO THOUSAND TWENTY-THREE THROUGH MARCH THIRTY-FIRST, TWO THOU-
SAND TWENTY-FIVE SUCH ASSESSMENT SHALL BE SIX PERCENT.
§ 35. Section 3 of part MM of chapter 57 of the laws of 2021 amending
the public health law relating to aiding in the transition to adulthood
for children with medical fragility living in pediatric nursing homes
and other settings is amended to read as follows:
§ 3. This act shall take effect on the one hundred twentieth day after
it shall have become a law; provided however, that section one of this
act shall expire and be deemed repealed [two] FOUR years after such
effective date; and provided further, that section two of this act shall
expire and be deemed repealed [three] FIVE years after such effective
date.
§ 36. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2023; provided,
however, that the amendments to subdivision 6 of section 366 of the
social services law made by section four of this act shall not affect
the repeal of such subdivision and shall be deemed repealed therewith;
provided further, however, that the amendments to subparagraph (ii) of
paragraph (c) of subdivision 11 of section 230 of the public health law
made by section ten of this act shall not affect the expiration of such
subparagraph and shall be deemed to expire therewith; and provided
further, however, that the amendments to the opening paragraph of para-
graph (e) of subdivision 7 of section 367-a of the social services law
made by section twenty-four of this act shall not affect the repeal of
such paragraph and shall be deemed repealed therewith.
PART C
Section 1. Section 34 of part A3 of chapter 62 of the laws of 2003
amending the general business law and other laws relating to enacting
major components necessary to implement the state fiscal plan for the
2003-04 state fiscal year, as amended by section 1 of part Y of chapter
56 of the laws of 2020, is amended to read as follows:
§ 34. (1) Notwithstanding any inconsistent provision of law, rule or
regulation and effective April 1, 2008 through March 31, [2023] 2026,
the commissioner of health is authorized to transfer and the state comp-
troller is authorized and directed to receive for deposit to the credit
of the department of health's special revenue fund - other, health care
reform act (HCRA) resources fund - 061, provider collection monitoring
account, within amounts appropriated each year, those funds collected
S. 4007--A 23 A. 3007--A
and accumulated pursuant to section 2807-v of the public health law,
including income from invested funds, for the purpose of payment for
administrative costs of the department of health related to adminis-
tration of statutory duties for the collections and distributions
authorized by section 2807-v of the public health law.
(2) Notwithstanding any inconsistent provision of law, rule or regu-
lation and effective April 1, 2008 through March 31, [2023] 2026, the
commissioner of health is authorized to transfer and the state comp-
troller is authorized and directed to receive for deposit to the credit
of the department of health's special revenue fund - other, health care
reform act (HCRA) resources fund - 061, provider collection monitoring
account, within amounts appropriated each year, those funds collected
and accumulated and interest earned through surcharges on payments for
health care services pursuant to section 2807-s of the public health law
and from assessments pursuant to section 2807-t of the public health law
for the purpose of payment for administrative costs of the department of
health related to administration of statutory duties for the collections
and distributions authorized by sections 2807-s, 2807-t, and 2807-m of
the public health law.
(3) Notwithstanding any inconsistent provision of law, rule or regu-
lation and effective April 1, 2008 through March 31, [2023] 2026, the
commissioner of health is authorized to transfer and the comptroller is
authorized to deposit, within amounts appropriated each year, those
funds authorized for distribution in accordance with the provisions of
paragraph (a) of subdivision 1 of section 2807-l of the public health
law for the purposes of payment for administrative costs of the depart-
ment of health related to the child health insurance plan program
authorized pursuant to title 1-A of article 25 of the public health law
into the special revenue funds - other, health care reform act (HCRA)
resources fund - 061, child health insurance account, established within
the department of health.
(5) Notwithstanding any inconsistent provision of law, rule or regu-
lation and effective April 1, 2008 through March 31, [2023] 2026, the
commissioner of health is authorized to transfer and the comptroller is
authorized to deposit, within amounts appropriated each year, those
funds allocated pursuant to paragraph (j) of subdivision 1 of section
2807-v of the public health law for the purpose of payment for adminis-
trative costs of the department of health related to administration of
the state's tobacco control programs and cancer services provided pursu-
ant to sections 2807-r and 1399-ii of the public health law into such
accounts established within the department of health for such purposes.
(6) Notwithstanding any inconsistent provision of law, rule or regu-
lation and effective April 1, 2008 through March 31, [2023] 2026, the
commissioner of health is authorized to transfer and the comptroller is
authorized to deposit, within amounts appropriated each year, the funds
authorized for distribution in accordance with the provisions of section
2807-l of the public health law for the purposes of payment for adminis-
trative costs of the department of health related to the programs funded
pursuant to section 2807-l of the public health law into the special
revenue funds - other, health care reform act (HCRA) resources fund -
061, pilot health insurance account, established within the department
of health.
(7) Notwithstanding any inconsistent provision of law, rule or regu-
lation and effective April 1, 2008 through March 31, [2023] 2026, the
commissioner of health is authorized to transfer and the comptroller is
authorized to deposit, within amounts appropriated each year, those
S. 4007--A 24 A. 3007--A
funds authorized for distribution in accordance with the provisions of
subparagraph (ii) of paragraph (f) of subdivision 19 of section 2807-c
of the public health law from monies accumulated and interest earned in
the bad debt and charity care and capital statewide pools through an
assessment charged to general hospitals pursuant to the provisions of
subdivision 18 of section 2807-c of the public health law and those
funds authorized for distribution in accordance with the provisions of
section 2807-l of the public health law for the purposes of payment for
administrative costs of the department of health related to programs
funded under section 2807-l of the public health law into the special
revenue funds - other, health care reform act (HCRA) resources fund -
061, primary care initiatives account, established within the department
of health.
(8) Notwithstanding any inconsistent provision of law, rule or regu-
lation and effective April 1, 2008 through March 31, [2023] 2026, the
commissioner of health is authorized to transfer and the comptroller is
authorized to deposit, within amounts appropriated each year, those
funds authorized for distribution in accordance with section 2807-l of
the public health law for the purposes of payment for administrative
costs of the department of health related to programs funded under
section 2807-l of the public health law into the special revenue funds -
other, health care reform act (HCRA) resources fund - 061, health care
delivery administration account, established within the department of
health.
(9) Notwithstanding any inconsistent provision of law, rule or regu-
lation and effective April 1, 2008 through March 31, [2023] 2026, the
commissioner of health is authorized to transfer and the comptroller is
authorized to deposit, within amounts appropriated each year, those
funds authorized pursuant to sections 2807-d, 3614-a and 3614-b of the
public health law and section 367-i of the social services law and for
distribution in accordance with the provisions of subdivision 9 of
section 2807-j of the public health law for the purpose of payment for
administration of statutory duties for the collections and distributions
authorized by sections 2807-c, 2807-d, 2807-j, 2807-k, 2807-l, 3614-a
and 3614-b of the public health law and section 367-i of the social
services law into the special revenue funds - other, health care reform
act (HCRA) resources fund - 061, provider collection monitoring account,
established within the department of health.
§ 2. Subparagraphs (iv) and (v) of paragraph (a) of subdivision 9 of
section 2807-j of the public health law, as amended by section 2 of part
Y of chapter 56 of the laws of 2020, are amended to read as follows:
(iv) seven hundred sixty-five million dollars annually of the funds
accumulated for the periods January first, two thousand through December
thirty-first, two thousand [twenty-two] TWENTY FIVE, and
(v) one hundred ninety-one million two hundred fifty thousand dollars
of the funds accumulated for the period January first, two thousand
[twenty-three] TWENTY-SIX through March thirty-first, two thousand
[twenty-three] TWENTY-SIX.
§ 3. Subdivision 5 of section 168 of chapter 639 of the laws of 1996,
constituting the New York Health Care Reform Act of 1996, as amended by
section 3 of part Y of chapter 56 of the laws of 2020, is amended to
read as follows:
5. sections 2807-c, 2807-j, 2807-s and 2807-t of the public health
law, as amended or as added by this act, shall expire on December 31,
[2023] 2026, and shall be thereafter effective only in respect to any
act done on or before such date or action or proceeding arising out of
S. 4007--A 25 A. 3007--A
such act including continued collections of funds from assessments and
allowances and surcharges established pursuant to sections 2807-c,
2807-j, 2807-s and 2807-t of the public health law, and administration
and distributions of funds from pools established pursuant to sections
2807-c, 2807-j, 2807-k, 2807-l, 2807-m, 2807-s and 2807-t of the public
health law related to patient services provided before December 31,
[2023] 2026, and continued expenditure of funds authorized for programs
and grants until the exhaustion of funds therefor;
§ 4. Subdivision 1 of section 138 of chapter 1 of the laws of 1999,
constituting the New York Health Care Reform Act of 2000, as amended by
section 4 of part Y of chapter 56 of the laws of 2020, is amended to
read as follows:
1. sections 2807-c, 2807-j, 2807-s, and 2807-t of the public health
law, as amended by this act, shall expire on December 31, [2023] 2026,
and shall be thereafter effective only in respect to any act done before
such date or action or proceeding arising out of such act including
continued collections of funds from assessments and allowances and
surcharges established pursuant to sections 2807-c, 2807-j, 2807-s and
2807-t of the public health law, and administration and distributions of
funds from pools established pursuant to sections 2807-c, 2807-j,
2807-k, 2807-l, 2807-m, 2807-s, 2807-t, 2807-v and 2807-w of the public
health law, as amended or added by this act, related to patient services
provided before December 31, [2023] 2026, and continued expenditure of
funds authorized for programs and grants until the exhaustion of funds
therefor;
§ 5. Section 2807-l of the public health law, as amended by section 5
of part Y of chapter 56 of the laws of 2020, is amended to read as
follows:
§ 2807-l. Health care initiatives pool distributions. 1. Funds accumu-
lated in the health care initiatives pools pursuant to paragraph (b) of
subdivision nine of section twenty-eight hundred seven-j of this arti-
cle, or the health care reform act (HCRA) resources fund established
pursuant to section ninety-two-dd of the state finance law, whichever is
applicable, including income from invested funds, shall be distributed
or retained by the commissioner or by the state comptroller, as applica-
ble, in accordance with the following.
(a) Funds shall be reserved and accumulated from year to year and
shall be available, including income from invested funds, for purposes
of distributions to programs to provide health care coverage for unin-
sured or underinsured children pursuant to sections twenty-five hundred
ten and twenty-five hundred eleven of this chapter from the respective
health care initiatives pools established for the following periods in
the following amounts:
(i) from the pool for the period January first, nineteen hundred nine-
ty-seven through December thirty-first, nineteen hundred ninety-seven,
up to one hundred twenty million six hundred thousand dollars;
(ii) from the pool for the period January first, nineteen hundred
ninety-eight through December thirty-first, nineteen hundred ninety-
eight, up to one hundred sixty-four million five hundred thousand
dollars;
(iii) from the pool for the period January first, nineteen hundred
ninety-nine through December thirty-first, nineteen hundred ninety-nine,
up to one hundred eighty-one million dollars;
(iv) from the pool for the period January first, two thousand through
December thirty-first, two thousand, two hundred seven million dollars;
S. 4007--A 26 A. 3007--A
(v) from the pool for the period January first, two thousand one
through December thirty-first, two thousand one, two hundred thirty-five
million dollars;
(vi) from the pool for the period January first, two thousand two
through December thirty-first, two thousand two, three hundred twenty-
four million dollars;
(vii) from the pool for the period January first, two thousand three
through December thirty-first, two thousand three, up to four hundred
fifty million three hundred thousand dollars;
(viii) from the pool for the period January first, two thousand four
through December thirty-first, two thousand four, up to four hundred
sixty million nine hundred thousand dollars;
(ix) from the pool or the health care reform act (HCRA) resources
fund, whichever is applicable, for the period January first, two thou-
sand five through December thirty-first, two thousand five, up to one
hundred fifty-three million eight hundred thousand dollars;
(x) from the health care reform act (HCRA) resources fund for the
period January first, two thousand six through December thirty-first,
two thousand six, up to three hundred twenty-five million four hundred
thousand dollars;
(xi) from the health care reform act (HCRA) resources fund for the
period January first, two thousand seven through December thirty-first,
two thousand seven, up to four hundred twenty-eight million fifty-nine
thousand dollars;
(xii) from the health care reform act (HCRA) resources fund for the
period January first, two thousand eight through December thirty-first,
two thousand ten, up to four hundred fifty-three million six hundred
seventy-four thousand dollars annually;
(xiii) from the health care reform act (HCRA) resources fund for the
period January first, two thousand eleven, through March thirty-first,
two thousand eleven, up to one hundred thirteen million four hundred
eighteen thousand dollars;
(xiv) from the health care reform act (HCRA) resources fund for the
period April first, two thousand eleven, through March thirty-first, two
thousand twelve, up to three hundred twenty-four million seven hundred
forty-four thousand dollars;
(xv) from the health care reform act (HCRA) resources fund for the
period April first, two thousand twelve, through March thirty-first, two
thousand thirteen, up to three hundred forty-six million four hundred
forty-four thousand dollars;
(xvi) from the health care reform act (HCRA) resources fund for the
period April first, two thousand thirteen, through March thirty-first,
two thousand fourteen, up to three hundred seventy million six hundred
ninety-five thousand dollars; and
(xvii) from the health care reform act (HCRA) resources fund for each
state fiscal year for periods on and after April first, two thousand
fourteen, within amounts appropriated.
(b) Funds shall be reserved and accumulated from year to year and
shall be available, including income from invested funds, for purposes
of distributions for health insurance programs under the individual
subsidy programs established pursuant to the expanded health care cover-
age act of nineteen hundred eighty-eight as amended, and for evaluation
of such programs from the respective health care initiatives pools or
the health care reform act (HCRA) resources fund, whichever is applica-
ble, established for the following periods in the following amounts:
S. 4007--A 27 A. 3007--A
(i) (A) an amount not to exceed six million dollars on an annualized
basis for the periods January first, nineteen hundred ninety-seven
through December thirty-first, nineteen hundred ninety-nine; up to six
million dollars for the period January first, two thousand through
December thirty-first, two thousand; up to five million dollars for the
period January first, two thousand one through December thirty-first,
two thousand one; up to four million dollars for the period January
first, two thousand two through December thirty-first, two thousand two;
up to two million six hundred thousand dollars for the period January
first, two thousand three through December thirty-first, two thousand
three; up to one million three hundred thousand dollars for the period
January first, two thousand four through December thirty-first, two
thousand four; up to six hundred seventy thousand dollars for the period
January first, two thousand five through June thirtieth, two thousand
five; up to one million three hundred thousand dollars for the period
April first, two thousand six through March thirty-first, two thousand
seven; and up to one million three hundred thousand dollars annually for
the period April first, two thousand seven through March thirty-first,
two thousand nine, shall be allocated to individual subsidy programs;
and
(B) an amount not to exceed seven million dollars on an annualized
basis for the periods during the period January first, nineteen hundred
ninety-seven through December thirty-first, nineteen hundred ninety-nine
and four million dollars annually for the periods January first, two
thousand through December thirty-first, two thousand two, and three
million dollars for the period January first, two thousand three through
December thirty-first, two thousand three, and two million dollars for
the period January first, two thousand four through December thirty-
first, two thousand four, and two million dollars for the period January
first, two thousand five through June thirtieth, two thousand five shall
be allocated to the catastrophic health care expense program.
(ii) Notwithstanding any law to the contrary, the characterizations of
the New York state small business health insurance partnership program
as in effect prior to June thirtieth, two thousand three, voucher
program as in effect prior to December thirty-first, two thousand one,
individual subsidy program as in effect prior to June thirtieth, two
thousand five, and catastrophic health care expense program, as in
effect prior to June thirtieth, two thousand five, may, for the purposes
of identifying matching funds for the community health care conversion
demonstration project described in a waiver of the provisions of title
XIX of the federal social security act granted to the state of New York
and dated July fifteenth, nineteen hundred ninety-seven, may continue to
be used to characterize the insurance programs in sections four thousand
three hundred twenty-one-a, four thousand three hundred twenty-two-a,
four thousand three hundred twenty-six and four thousand three hundred
twenty-seven of the insurance law, which are successor programs to these
programs.
(c) Up to seventy-eight million dollars shall be reserved and accumu-
lated from year to year from the pool for the period January first,
nineteen hundred ninety-seven through December thirty-first, nineteen
hundred ninety-seven, for purposes of public health programs, up to
seventy-six million dollars shall be reserved and accumulated from year
to year from the pools for the periods January first, nineteen hundred
ninety-eight through December thirty-first, nineteen hundred ninety-
eight and January first, nineteen hundred ninety-nine through December
thirty-first, nineteen hundred ninety-nine, up to eighty-four million
S. 4007--A 28 A. 3007--A
dollars shall be reserved and accumulated from year to year from the
pools for the period January first, two thousand through December thir-
ty-first, two thousand, up to eighty-five million dollars shall be
reserved and accumulated from year to year from the pools for the period
January first, two thousand one through December thirty-first, two thou-
sand one, up to eighty-six million dollars shall be reserved and accumu-
lated from year to year from the pools for the period January first, two
thousand two through December thirty-first, two thousand two, up to
eighty-six million one hundred fifty thousand dollars shall be reserved
and accumulated from year to year from the pools for the period January
first, two thousand three through December thirty-first, two thousand
three, up to fifty-eight million seven hundred eighty thousand dollars
shall be reserved and accumulated from year to year from the pools for
the period January first, two thousand four through December thirty-
first, two thousand four, up to sixty-eight million seven hundred thirty
thousand dollars shall be reserved and accumulated from year to year
from the pools or the health care reform act (HCRA) resources fund,
whichever is applicable, for the period January first, two thousand five
through December thirty-first, two thousand five, up to ninety-four
million three hundred fifty thousand dollars shall be reserved and accu-
mulated from year to year from the health care reform act (HCRA)
resources fund for the period January first, two thousand six through
December thirty-first, two thousand six, up to seventy million nine
hundred thirty-nine thousand dollars shall be reserved and accumulated
from year to year from the health care reform act (HCRA) resources fund
for the period January first, two thousand seven through December thir-
ty-first, two thousand seven, up to fifty-five million six hundred
eighty-nine thousand dollars annually shall be reserved and accumulated
from year to year from the health care reform act (HCRA) resources fund
for the period January first, two thousand eight through December thir-
ty-first, two thousand ten, up to thirteen million nine hundred twenty-
two thousand dollars shall be reserved and accumulated from year to year
from the health care reform act (HCRA) resources fund for the period
January first, two thousand eleven through March thirty-first, two thou-
sand eleven, and for periods on and after April first, two thousand
eleven, up to funding amounts specified below and shall be available,
including income from invested funds, for:
(i) deposit by the commissioner, within amounts appropriated, and the
state comptroller is hereby authorized and directed to receive for
deposit to, to the credit of the department of health's special revenue
fund - other, hospital based grants program account or the health care
reform act (HCRA) resources fund, whichever is applicable, for purposes
of services and expenses related to general hospital based grant
programs, up to twenty-two million dollars annually from the nineteen
hundred ninety-seven pool, nineteen hundred ninety-eight pool, nineteen
hundred ninety-nine pool, two thousand pool, two thousand one pool and
two thousand two pool, respectively, up to twenty-two million dollars
from the two thousand three pool, up to ten million dollars for the
period January first, two thousand four through December thirty-first,
two thousand four, up to eleven million dollars for the period January
first, two thousand five through December thirty-first, two thousand
five, up to twenty-two million dollars for the period January first, two
thousand six through December thirty-first, two thousand six, up to
twenty-two million ninety-seven thousand dollars annually for the period
January first, two thousand seven through December thirty-first, two
thousand ten, up to five million five hundred twenty-four thousand
S. 4007--A 29 A. 3007--A
dollars for the period January first, two thousand eleven through March
thirty-first, two thousand eleven, up to thirteen million four hundred
forty-five thousand dollars for the period April first, two thousand
eleven through March thirty-first, two thousand twelve, and up to thir-
teen million three hundred seventy-five thousand dollars each state
fiscal year for the period April first, two thousand twelve through
March thirty-first, two thousand fourteen;
(ii) deposit by the commissioner, within amounts appropriated, and the
state comptroller is hereby authorized and directed to receive for
deposit to, to the credit of the emergency medical services training
account established in section ninety-seven-q of the state finance law
or the health care reform act (HCRA) resources fund, whichever is appli-
cable, up to sixteen million dollars on an annualized basis for the
periods January first, nineteen hundred ninety-seven through December
thirty-first, nineteen hundred ninety-nine, up to twenty million dollars
for the period January first, two thousand through December thirty-
first, two thousand, up to twenty-one million dollars for the period
January first, two thousand one through December thirty-first, two thou-
sand one, up to twenty-two million dollars for the period January first,
two thousand two through December thirty-first, two thousand two, up to
twenty-two million five hundred fifty thousand dollars for the period
January first, two thousand three through December thirty-first, two
thousand three, up to nine million six hundred eighty thousand dollars
for the period January first, two thousand four through December thir-
ty-first, two thousand four, up to twelve million one hundred thirty
thousand dollars for the period January first, two thousand five through
December thirty-first, two thousand five, up to twenty-four million two
hundred fifty thousand dollars for the period January first, two thou-
sand six through December thirty-first, two thousand six, up to twenty
million four hundred ninety-two thousand dollars annually for the period
January first, two thousand seven through December thirty-first, two
thousand ten, up to five million one hundred twenty-three thousand
dollars for the period January first, two thousand eleven through March
thirty-first, two thousand eleven, up to eighteen million three hundred
fifty thousand dollars for the period April first, two thousand eleven
through March thirty-first, two thousand twelve, up to eighteen million
nine hundred fifty thousand dollars for the period April first, two
thousand twelve through March thirty-first, two thousand thirteen, up to
nineteen million four hundred nineteen thousand dollars for the period
April first, two thousand thirteen through March thirty-first, two thou-
sand fourteen, and up to nineteen million six hundred fifty-nine thou-
sand seven hundred dollars each state fiscal year for the period of
April first, two thousand fourteen through March thirty-first, two thou-
sand [twenty-three] TWENTY-SIX;
(iii) priority distributions by the commissioner up to thirty-two
million dollars on an annualized basis for the period January first, two
thousand through December thirty-first, two thousand four, up to thir-
ty-eight million dollars on an annualized basis for the period January
first, two thousand five through December thirty-first, two thousand
six, up to eighteen million two hundred fifty thousand dollars for the
period January first, two thousand seven through December thirty-first,
two thousand seven, up to three million dollars annually for the period
January first, two thousand eight through December thirty-first, two
thousand ten, up to seven hundred fifty thousand dollars for the period
January first, two thousand eleven through March thirty-first, two thou-
sand eleven, up to two million nine hundred thousand dollars each state
S. 4007--A 30 A. 3007--A
fiscal year for the period April first, two thousand eleven through
March thirty-first, two thousand fourteen, and up to two million nine
hundred thousand dollars each state fiscal year for the period April
first, two thousand fourteen through March thirty-first, two thousand
[twenty-three] TWENTY-SIX to be allocated (A) for the purposes estab-
lished pursuant to subparagraph (ii) of paragraph (f) of subdivision
nineteen of section twenty-eight hundred seven-c of this article as in
effect on December thirty-first, nineteen hundred ninety-six and as may
thereafter be amended, up to fifteen million dollars annually for the
periods January first, two thousand through December thirty-first, two
thousand four, up to twenty-one million dollars annually for the period
January first, two thousand five through December thirty-first, two
thousand six, and up to seven million five hundred thousand dollars for
the period January first, two thousand seven through March thirty-first,
two thousand seven;
(B) pursuant to a memorandum of understanding entered into by the
commissioner, the majority leader of the senate and the speaker of the
assembly, for the purposes outlined in such memorandum upon the recom-
mendation of the majority leader of the senate, up to eight million
five hundred thousand dollars annually for the period January first, two
thousand through December thirty-first, two thousand six, and up to four
million two hundred fifty thousand dollars for the period January first,
two thousand seven through June thirtieth, two thousand seven, and for
the purposes outlined in such memorandum upon the recommendation of the
speaker of the assembly, up to eight million five hundred thousand
dollars annually for the periods January first, two thousand through
December thirty-first, two thousand six, and up to four million two
hundred fifty thousand dollars for the period January first, two thou-
sand seven through June thirtieth, two thousand seven; and
(C) for services and expenses, including grants, related to emergency
assistance distributions as designated by the commissioner. Notwith-
standing section one hundred twelve or one hundred sixty-three of the
state finance law or any other contrary provision of law, such distrib-
utions shall be limited to providers or programs where, as determined by
the commissioner, emergency assistance is vital to protect the life or
safety of patients, to ensure the retention of facility caregivers or
other staff, or in instances where health facility operations are jeop-
ardized, or where the public health is jeopardized or other emergency
situations exist, up to three million dollars annually for the period
April first, two thousand seven through March thirty-first, two thousand
eleven, up to two million nine hundred thousand dollars each state
fiscal year for the period April first, two thousand eleven through
March thirty-first, two thousand fourteen, up to two million nine
hundred thousand dollars each state fiscal year for the period April
first, two thousand fourteen through March thirty-first, two thousand
seventeen, up to two million nine hundred thousand dollars each state
fiscal year for the period April first, two thousand seventeen through
March thirty-first, two thousand twenty, [and] up to two million nine
hundred thousand dollars each state fiscal year for the period April
first, two thousand twenty through March thirty-first, two thousand
twenty-three, AND UP TO TWO MILLION NINE HUNDRED THOUSAND DOLLARS EACH
STATE FISCAL YEAR FOR THE PERIOD APRIL FIRST, TWO THOUSAND TWENTY-THREE
THROUGH MARCH THIRTY-FIRST, TWO THOUSAND TWENTY-SIX. Upon any distrib-
ution of such funds, the commissioner shall immediately notify the chair
and ranking minority member of the senate finance committee, the assem-
S. 4007--A 31 A. 3007--A
bly ways and means committee, the senate committee on health, and the
assembly committee on health;
(iv) distributions by the commissioner related to poison control
centers pursuant to subdivision seven of section twenty-five hundred-d
of this chapter, up to five million dollars for the period January
first, nineteen hundred ninety-seven through December thirty-first,
nineteen hundred ninety-seven, up to three million dollars on an annual-
ized basis for the periods during the period January first, nineteen
hundred ninety-eight through December thirty-first, nineteen hundred
ninety-nine, up to five million dollars annually for the periods January
first, two thousand through December thirty-first, two thousand two, up
to four million six hundred thousand dollars annually for the periods
January first, two thousand three through December thirty-first, two
thousand four, up to five million one hundred thousand dollars for the
period January first, two thousand five through December thirty-first,
two thousand six annually, up to five million one hundred thousand
dollars annually for the period January first, two thousand seven
through December thirty-first, two thousand nine, up to three million
six hundred thousand dollars for the period January first, two thousand
ten through December thirty-first, two thousand ten, up to seven hundred
seventy-five thousand dollars for the period January first, two thousand
eleven through March thirty-first, two thousand eleven, up to two
million five hundred thousand dollars each state fiscal year for the
period April first, two thousand eleven through March thirty-first, two
thousand fourteen, up to three million dollars each state fiscal year
for the period April first, two thousand fourteen through March thirty-
first, two thousand seventeen, up to three million dollars each state
fiscal year for the period April first, two thousand seventeen through
March thirty-first, two thousand twenty, [and] up to three million
dollars each state fiscal year for the period April first, two thousand
twenty through March thirty-first, two thousand twenty-three, AND UP TO
THREE MILLION DOLLARS EACH STATE FISCAL YEAR FOR THE PERIOD APRIL FIRST,
TWO THOUSAND TWENTY-THREE THROUGH MARCH THIRTY-FIRST, TWO THOUSAND TWEN-
TY-SIX; and
(v) deposit by the commissioner, within amounts appropriated, and the
state comptroller is hereby authorized and directed to receive for
deposit to, to the credit of the department of health's special revenue
fund - other, miscellaneous special revenue fund - 339 maternal and
child HIV services account or the health care reform act (HCRA)
resources fund, whichever is applicable, for purposes of a special
program for HIV services for women and children, including adolescents
pursuant to section twenty-five hundred-f-one of this chapter, up to
five million dollars annually for the periods January first, two thou-
sand through December thirty-first, two thousand two, up to five million
dollars for the period January first, two thousand three through Decem-
ber thirty-first, two thousand three, up to two million five hundred
thousand dollars for the period January first, two thousand four through
December thirty-first, two thousand four, up to two million five hundred
thousand dollars for the period January first, two thousand five through
December thirty-first, two thousand five, up to five million dollars for
the period January first, two thousand six through December thirty-
first, two thousand six, up to five million dollars annually for the
period January first, two thousand seven through December thirty-first,
two thousand ten, up to one million two hundred fifty thousand dollars
for the period January first, two thousand eleven through March thirty-
first, two thousand eleven, and up to five million dollars each state
S. 4007--A 32 A. 3007--A
fiscal year for the period April first, two thousand eleven through
March thirty-first, two thousand fourteen;
(d) (i) An amount of up to twenty million dollars annually for the
period January first, two thousand through December thirty-first, two
thousand six, up to ten million dollars for the period January first,
two thousand seven through June thirtieth, two thousand seven, up to
twenty million dollars annually for the period January first, two thou-
sand eight through December thirty-first, two thousand ten, up to five
million dollars for the period January first, two thousand eleven
through March thirty-first, two thousand eleven, up to nineteen million
six hundred thousand dollars each state fiscal year for the period April
first, two thousand eleven through March thirty-first, two thousand
fourteen, up to nineteen million six hundred thousand dollars each state
fiscal year for the period April first, two thousand fourteen through
March thirty-first, two thousand seventeen, up to nineteen million six
hundred thousand dollars each state fiscal year for the period of April
first, two thousand seventeen through March thirty-first, two thousand
twenty, [and] up to nineteen million six hundred thousand dollars each
state fiscal year for the period of April first, two thousand twenty
through March thirty-first, two thousand twenty-three, AND UP TO NINE-
TEEN MILLION SIX HUNDRED THOUSAND DOLLARS EACH STATE FISCAL YEAR FOR THE
PERIOD OF APRIL FIRST, TWO THOUSAND TWENTY-THREE THROUGH MARCH THIRTY-
FIRST, TWO THOUSAND TWENTY-SIX, shall be transferred to the health
facility restructuring pool established pursuant to section twenty-eight
hundred fifteen of this article;
(ii) provided, however, amounts transferred pursuant to subparagraph
(i) of this paragraph may be reduced in an amount to be approved by the
director of the budget to reflect the amount received from the federal
government under the state's 1115 waiver which is directed under its
terms and conditions to the health facility restructuring program.
(f) Funds shall be accumulated and transferred from as follows:
(i) from the pool for the period January first, nineteen hundred nine-
ty-seven through December thirty-first, nineteen hundred ninety-seven,
(A) thirty-four million six hundred thousand dollars shall be trans-
ferred to funds reserved and accumulated pursuant to paragraph (b) of
subdivision nineteen of section twenty-eight hundred seven-c of this
article, and (B) eighty-two million dollars shall be transferred and
deposited and credited to the credit of the state general fund medical
assistance local assistance account;
(ii) from the pool for the period January first, nineteen hundred
ninety-eight through December thirty-first, nineteen hundred ninety-
eight, eighty-two million dollars shall be transferred and deposited and
credited to the credit of the state general fund medical assistance
local assistance account;
(iii) from the pool for the period January first, nineteen hundred
ninety-nine through December thirty-first, nineteen hundred ninety-nine,
eighty-two million dollars shall be transferred and deposited and cred-
ited to the credit of the state general fund medical assistance local
assistance account;
(iv) from the pool or the health care reform act (HCRA) resources
fund, whichever is applicable, for the period January first, two thou-
sand through December thirty-first, two thousand four, eighty-two
million dollars annually, and for the period January first, two thousand
five through December thirty-first, two thousand five, eighty-two
million dollars, and for the period January first, two thousand six
through December thirty-first, two thousand six, eighty-two million
S. 4007--A 33 A. 3007--A
dollars, and for the period January first, two thousand seven through
December thirty-first, two thousand seven, eighty-two million dollars,
and for the period January first, two thousand eight through December
thirty-first, two thousand eight, ninety million seven hundred thousand
dollars shall be deposited by the commissioner, and the state comp-
troller is hereby authorized and directed to receive for deposit to the
credit of the state special revenue fund - other, HCRA transfer fund,
medical assistance account;
(v) from the health care reform act (HCRA) resources fund for the
period January first, two thousand nine through December thirty-first,
two thousand nine, one hundred eight million nine hundred seventy-five
thousand dollars, and for the period January first, two thousand ten
through December thirty-first, two thousand ten, one hundred twenty-six
million one hundred thousand dollars, for the period January first, two
thousand eleven through March thirty-first, two thousand eleven, twenty
million five hundred thousand dollars, and for each state fiscal year
for the period April first, two thousand eleven through March thirty-
first, two thousand fourteen, one hundred forty-six million four hundred
thousand dollars, shall be deposited by the commissioner, and the state
comptroller is hereby authorized and directed to receive for deposit, to
the credit of the state special revenue fund - other, HCRA transfer
fund, medical assistance account.
(g) Funds shall be transferred to primary health care services pools
created by the commissioner, and shall be available, including income
from invested funds, for distributions in accordance with former section
twenty-eight hundred seven-bb of this article from the respective health
care initiatives pools for the following periods in the following
percentage amounts of funds remaining after allocations in accordance
with paragraphs (a) through (f) of this subdivision:
(i) from the pool for the period January first, nineteen hundred nine-
ty-seven through December thirty-first, nineteen hundred ninety-seven,
fifteen and eighty-seven-hundredths percent;
(ii) from the pool for the period January first, nineteen hundred
ninety-eight through December thirty-first, nineteen hundred ninety-
eight, fifteen and eighty-seven-hundredths percent; and
(iii) from the pool for the period January first, nineteen hundred
ninety-nine through December thirty-first, nineteen hundred ninety-nine,
sixteen and thirteen-hundredths percent.
(h) Funds shall be reserved and accumulated from year to year by the
commissioner and shall be available, including income from invested
funds, for purposes of primary care education and training pursuant to
article nine of this chapter from the respective health care initiatives
pools established for the following periods in the following percentage
amounts of funds remaining after allocations in accordance with para-
graphs (a) through (f) of this subdivision and shall be available for
distributions as follows:
(i) funds shall be reserved and accumulated:
(A) from the pool for the period January first, nineteen hundred nine-
ty-seven through December thirty-first, nineteen hundred ninety-seven,
six and thirty-five-hundredths percent;
(B) from the pool for the period January first, nineteen hundred nine-
ty-eight through December thirty-first, nineteen hundred ninety-eight,
six and thirty-five-hundredths percent; and
(C) from the pool for the period January first, nineteen hundred nine-
ty-nine through December thirty-first, nineteen hundred ninety-nine, six
and forty-five-hundredths percent;
S. 4007--A 34 A. 3007--A
(ii) funds shall be available for distributions including income from
invested funds as follows:
(A) for purposes of the primary care physician loan repayment program
in accordance with section nine hundred three of this chapter, up to
five million dollars on an annualized basis;
(B) for purposes of the primary care practitioner scholarship program
in accordance with section nine hundred four of this chapter, up to two
million dollars on an annualized basis;
(C) for purposes of minority participation in medical education grants
in accordance with section nine hundred six of this chapter, up to one
million dollars on an annualized basis; and
(D) provided, however, that the commissioner may reallocate any funds
remaining or unallocated for distributions for the primary care practi-
tioner scholarship program in accordance with section nine hundred four
of this chapter.
(i) Funds shall be reserved and accumulated from year to year and
shall be available, including income from invested funds, for distrib-
utions in accordance with section twenty-nine hundred fifty-two and
section twenty-nine hundred fifty-eight of this chapter for rural health
care delivery development and rural health care access development,
respectively, from the respective health care initiatives pools or the
health care reform act (HCRA) resources fund, whichever is applicable,
for the following periods in the following percentage amounts of funds
remaining after allocations in accordance with paragraphs (a) through
(f) of this subdivision, and for periods on and after January first, two
thousand, in the following amounts:
(i) from the pool for the period January first, nineteen hundred nine-
ty-seven through December thirty-first, nineteen hundred ninety-seven,
thirteen and forty-nine-hundredths percent;
(ii) from the pool for the period January first, nineteen hundred
ninety-eight through December thirty-first, nineteen hundred ninety-
eight, thirteen and forty-nine-hundredths percent;
(iii) from the pool for the period January first, nineteen hundred
ninety-nine through December thirty-first, nineteen hundred ninety-nine,
thirteen and seventy-one-hundredths percent;
(iv) from the pool for the periods January first, two thousand through
December thirty-first, two thousand two, seventeen million dollars annu-
ally, and for the period January first, two thousand three through
December thirty-first, two thousand three, up to fifteen million eight
hundred fifty thousand dollars;
(v) from the pool or the health care reform act (HCRA) resources fund,
whichever is applicable, for the period January first, two thousand four
through December thirty-first, two thousand four, up to fifteen million
eight hundred fifty thousand dollars, for the period January first, two
thousand five through December thirty-first, two thousand five, up to
nineteen million two hundred thousand dollars, for the period January
first, two thousand six through December thirty-first, two thousand six,
up to nineteen million two hundred thousand dollars, for the period
January first, two thousand seven through December thirty-first, two
thousand ten, up to eighteen million one hundred fifty thousand dollars
annually, for the period January first, two thousand eleven through
March thirty-first, two thousand eleven, up to four million five hundred
thirty-eight thousand dollars, for each state fiscal year for the period
April first, two thousand eleven through March thirty-first, two thou-
sand fourteen, up to sixteen million two hundred thousand dollars, up to
sixteen million two hundred thousand dollars each state fiscal year for
S. 4007--A 35 A. 3007--A
the period April first, two thousand fourteen through March thirty-
first, two thousand seventeen, up to sixteen million two hundred thou-
sand dollars each state fiscal year for the period April first, two
thousand seventeen through March thirty-first, two thousand twenty,
[and] up to sixteen million two hundred thousand dollars each state
fiscal year for the period April first, two thousand twenty through
March thirty-first, two thousand twenty-three, AND UP TO SIXTEEN MILLION
TWO HUNDRED THOUSAND DOLLARS EACH STATE FISCAL YEAR FOR THE PERIOD APRIL
FIRST, TWO THOUSAND TWENTY-THREE THROUGH MARCH THIRTY-FIRST, TWO THOU-
SAND TWENTY-SIX.
(j) Funds shall be reserved and accumulated from year to year and
shall be available, including income from invested funds, for purposes
of distributions related to health information and health care quality
improvement pursuant to former section twenty-eight hundred seven-n of
this article from the respective health care initiatives pools estab-
lished for the following periods in the following percentage amounts of
funds remaining after allocations in accordance with paragraphs (a)
through (f) of this subdivision:
(i) from the pool for the period January first, nineteen hundred nine-
ty-seven through December thirty-first, nineteen hundred ninety-seven,
six and thirty-five-hundredths percent;
(ii) from the pool for the period January first, nineteen hundred
ninety-eight through December thirty-first, nineteen hundred ninety-
eight, six and thirty-five-hundredths percent; and
(iii) from the pool for the period January first, nineteen hundred
ninety-nine through December thirty-first, nineteen hundred ninety-nine,
six and forty-five-hundredths percent.
(k) Funds shall be reserved and accumulated from year to year and
shall be available, including income from invested funds, for allo-
cations and distributions in accordance with section twenty-eight
hundred seven-p of this article for diagnostic and treatment center
uncompensated care from the respective health care initiatives pools or
the health care reform act (HCRA) resources fund, whichever is applica-
ble, for the following periods in the following percentage amounts of
funds remaining after allocations in accordance with paragraphs (a)
through (f) of this subdivision, and for periods on and after January
first, two thousand, in the following amounts:
(i) from the pool for the period January first, nineteen hundred nine-
ty-seven through December thirty-first, nineteen hundred ninety-seven,
thirty-eight and one-tenth percent;
(ii) from the pool for the period January first, nineteen hundred
ninety-eight through December thirty-first, nineteen hundred ninety-
eight, thirty-eight and one-tenth percent;
(iii) from the pool for the period January first, nineteen hundred
ninety-nine through December thirty-first, nineteen hundred ninety-nine,
thirty-eight and seventy-one-hundredths percent;
(iv) from the pool for the periods January first, two thousand through
December thirty-first, two thousand two, forty-eight million dollars
annually, and for the period January first, two thousand three through
June thirtieth, two thousand three, twenty-four million dollars;
(v) (A) from the pool or the health care reform act (HCRA) resources
fund, whichever is applicable, for the period July first, two thousand
three through December thirty-first, two thousand three, up to six
million dollars, for the period January first, two thousand four through
December thirty-first, two thousand six, up to twelve million dollars
annually, for the period January first, two thousand seven through
S. 4007--A 36 A. 3007--A
December thirty-first, two thousand thirteen, up to forty-eight million
dollars annually, for the period January first, two thousand fourteen
through March thirty-first, two thousand fourteen, up to twelve million
dollars for the period April first, two thousand fourteen through March
thirty-first, two thousand seventeen, up to forty-eight million dollars
annually, for the period April first, two thousand seventeen through
March thirty-first, two thousand twenty, up to forty-eight million
dollars annually, [and] for the period April first, two thousand twenty
through March thirty-first, two thousand twenty-three, up to forty-eight
million dollars annually, AND FOR THE PERIOD APRIL FIRST, TWO THOUSAND
TWENTY-THREE THROUGH MARCH THIRTY-FIRST, TWO THOUSAND TWENTY-SIX, UP TO
FORTY-EIGHT MILLION DOLLARS ANNUALLY;
(B) from the health care reform act (HCRA) resources fund for the
period January first, two thousand six through December thirty-first,
two thousand six, an additional seven million five hundred thousand
dollars, for the period January first, two thousand seven through Decem-
ber thirty-first, two thousand thirteen, an additional seven million
five hundred thousand dollars annually, for the period January first,
two thousand fourteen through March thirty-first, two thousand fourteen,
an additional one million eight hundred seventy-five thousand dollars,
for the period April first, two thousand fourteen through March thirty-
first, two thousand seventeen, an additional seven million five hundred
thousand dollars annually, for the period April first, two thousand
seventeen through March thirty-first, two thousand twenty, an additional
seven million five hundred thousand dollars annually, [and] for the
period April first, two thousand twenty through March thirty-first, two
thousand twenty-three, an additional seven million five hundred thousand
dollars annually, AND FOR THE PERIOD APRIL FIRST, TWO THOUSAND TWENTY-
THREE THROUGH MARCH THIRTY-FIRST, TWO THOUSAND TWENTY-SIX, AN ADDITIONAL
SEVEN MILLION FIVE HUNDRED THOUSAND DOLLARS ANNUALLY for voluntary non-
profit diagnostic and treatment center uncompensated care in accordance
with subdivision four-c of section twenty-eight hundred seven-p of this
article; and
(vi) funds reserved and accumulated pursuant to this paragraph for
periods on and after July first, two thousand three, shall be deposited
by the commissioner, within amounts appropriated, and the state comp-
troller is hereby authorized and directed to receive for deposit to the
credit of the state special revenue funds - other, HCRA transfer fund,
medical assistance account, for purposes of funding the state share of
rate adjustments made pursuant to section twenty-eight hundred seven-p
of this article, provided, however, that in the event federal financial
participation is not available for rate adjustments made pursuant to
paragraph (b) of subdivision one of section twenty-eight hundred seven-p
of this article, funds shall be distributed pursuant to paragraph (a) of
subdivision one of section twenty-eight hundred seven-p of this article
from the respective health care initiatives pools or the health care
reform act (HCRA) resources fund, whichever is applicable.
(l) Funds shall be reserved and accumulated from year to year by the
commissioner and shall be available, including income from invested
funds, for transfer to and allocation for services and expenses for the
payment of benefits to recipients of drugs under the AIDS drug assist-
ance program (ADAP) - HIV uninsured care program as administered by
Health Research Incorporated from the respective health care initi-
atives pools or the health care reform act (HCRA) resources fund, which-
ever is applicable, established for the following periods in the follow-
ing percentage amounts of funds remaining after allocations in
S. 4007--A 37 A. 3007--A
accordance with paragraphs (a) through (f) of this subdivision, and for
periods on and after January first, two thousand, in the following
amounts:
(i) from the pool for the period January first, nineteen hundred nine-
ty-seven through December thirty-first, nineteen hundred ninety-seven,
nine and fifty-two-hundredths percent;
(ii) from the pool for the period January first, nineteen hundred
ninety-eight through December thirty-first, nineteen hundred ninety-
eight, nine and fifty-two-hundredths percent;
(iii) from the pool for the period January first, nineteen hundred
ninety-nine and December thirty-first, nineteen hundred ninety-nine,
nine and sixty-eight-hundredths percent;
(iv) from the pool for the periods January first, two thousand through
December thirty-first, two thousand two, up to twelve million dollars
annually, and for the period January first, two thousand three through
December thirty-first, two thousand three, up to forty million dollars;
and
(v) from the pool or the health care reform act (HCRA) resources fund,
whichever is applicable, for the periods January first, two thousand
four through December thirty-first, two thousand four, up to fifty-six
million dollars, for the period January first, two thousand five through
December thirty-first, two thousand six, up to sixty million dollars
annually, for the period January first, two thousand seven through
December thirty-first, two thousand ten, up to sixty million dollars
annually, for the period January first, two thousand eleven through
March thirty-first, two thousand eleven, up to fifteen million dollars,
each state fiscal year for the period April first, two thousand eleven
through March thirty-first, two thousand fourteen, up to forty-two
million three hundred thousand dollars and up to forty-one million fifty
thousand dollars each state fiscal year for the period April first, two
thousand fourteen through March thirty-first, two thousand [twenty-
three] TWENTY-SIX.
(m) Funds shall be reserved and accumulated from year to year and
shall be available, including income from invested funds, for purposes
of distributions pursuant to section twenty-eight hundred seven-r of
this article for cancer related services from the respective health care
initiatives pools or the health care reform act (HCRA) resources fund,
whichever is applicable, established for the following periods in the
following percentage amounts of funds remaining after allocations in
accordance with paragraphs (a) through (f) of this subdivision, and for
periods on and after January first, two thousand, in the following
amounts:
(i) from the pool for the period January first, nineteen hundred nine-
ty-seven through December thirty-first, nineteen hundred ninety-seven,
seven and ninety-four-hundredths percent;
(ii) from the pool for the period January first, nineteen hundred
ninety-eight through December thirty-first, nineteen hundred ninety-
eight, seven and ninety-four-hundredths percent;
(iii) from the pool for the period January first, nineteen hundred
ninety-nine and December thirty-first, nineteen hundred ninety-nine, six
and forty-five-hundredths percent;
(iv) from the pool for the period January first, two thousand through
December thirty-first, two thousand two, up to ten million dollars on an
annual basis;
S. 4007--A 38 A. 3007--A
(v) from the pool for the period January first, two thousand three
through December thirty-first, two thousand four, up to eight million
nine hundred fifty thousand dollars on an annual basis;
(vi) from the pool or the health care reform act (HCRA) resources
fund, whichever is applicable, for the period January first, two thou-
sand five through December thirty-first, two thousand six, up to ten
million fifty thousand dollars on an annual basis, for the period Janu-
ary first, two thousand seven through December thirty-first, two thou-
sand ten, up to nineteen million dollars annually, and for the period
January first, two thousand eleven through March thirty-first, two thou-
sand eleven, up to four million seven hundred fifty thousand dollars.
(n) Funds shall be accumulated and transferred from the health care
reform act (HCRA) resources fund as follows: for the period April first,
two thousand seven through March thirty-first, two thousand eight, and
on an annual basis for the periods April first, two thousand eight
through November thirtieth, two thousand nine, funds within amounts
appropriated shall be transferred and deposited and credited to the
credit of the state special revenue funds - other, HCRA transfer fund,
medical assistance account, for purposes of funding the state share of
rate adjustments made to public and voluntary hospitals in accordance
with paragraphs (i) and (j) of subdivision one of section twenty-eight
hundred seven-c of this article.
2. Notwithstanding any inconsistent provision of law, rule or regu-
lation, any funds accumulated in the health care initiatives pools
pursuant to paragraph (b) of subdivision nine of section twenty-eight
hundred seven-j of this article, as a result of surcharges, assessments
or other obligations during the periods January first, nineteen hundred
ninety-seven through December thirty-first, nineteen hundred ninety-
nine, which are unused or uncommitted for distributions pursuant to this
section shall be reserved and accumulated from year to year by the
commissioner and, within amounts appropriated, transferred and deposited
into the special revenue funds - other, miscellaneous special revenue
fund - 339, child health insurance account or any successor fund or
account, for purposes of distributions to implement the child health
insurance program established pursuant to sections twenty-five hundred
ten and twenty-five hundred eleven of this chapter for periods on and
after January first, two thousand one; provided, however, funds reserved
and accumulated for priority distributions pursuant to subparagraph
(iii) of paragraph (c) of subdivision one of this section shall not be
transferred and deposited into such account pursuant to this subdivi-
sion; and provided further, however, that any unused or uncommitted pool
funds accumulated and allocated pursuant to paragraph (j) of subdivision
one of this section shall be distributed for purposes of the health
information and quality improvement act of 2000.
3. Revenue from distributions pursuant to this section shall not be
included in gross revenue received for purposes of the assessments
pursuant to subdivision eighteen of section twenty-eight hundred seven-c
of this article, subject to the provisions of paragraph (e) of subdivi-
sion eighteen of section twenty-eight hundred seven-c of this article,
and shall not be included in gross revenue received for purposes of the
assessments pursuant to section twenty-eight hundred seven-d of this
article, subject to the provisions of subdivision twelve of section
twenty-eight hundred seven-d of this article.
§ 6. Subdivision 5-a of section 2807-m of the public health law, as
amended by section 6 of part Y of chapter 56 of the laws of 2020, is
amended to read as follows:
S. 4007--A 39 A. 3007--A
5-a. Graduate medical education innovations pool. (a) Supplemental
distributions. (i) Thirty-one million dollars for the period January
first, two thousand eight through December thirty-first, two thousand
eight, shall be set aside and reserved by the commissioner from the
regional pools established pursuant to subdivision two of this section
and shall be available for distributions pursuant to subdivision five of
this section and in accordance with section 86-1.89 of title 10 of the
codes, rules and regulations of the state of New York as in effect on
January first, two thousand eight; provided, however, for purposes of
funding the empire clinical research investigation program (ECRIP) in
accordance with paragraph eight of subdivision (e) and paragraph two of
subdivision (f) of section 86-1.89 of title 10 of the codes, rules and
regulations of the state of New York, distributions shall be made using
two regions defined as New York city and the rest of the state and the
dollar amount set forth in subparagraph (i) of paragraph two of subdivi-
sion (f) of section 86-1.89 of title 10 of the codes, rules and regu-
lations of the state of New York shall be increased from sixty thousand
dollars to seventy-five thousand dollars.
(ii) For periods on and after January first, two thousand nine,
supplemental distributions pursuant to subdivision five of this section
and in accordance with section 86-1.89 of title 10 of the codes, rules
and regulations of the state of New York shall no longer be made and the
provisions of section 86-1.89 of title 10 of the codes, rules and regu-
lations of the state of New York shall be null and void.
(b) Empire clinical research investigator program (ECRIP). Nine
million one hundred twenty thousand dollars annually for the period
January first, two thousand nine through December thirty-first, two
thousand ten, and two million two hundred eighty thousand dollars for
the period January first, two thousand eleven, through March thirty-
first, two thousand eleven, nine million one hundred twenty thousand
dollars each state fiscal year for the period April first, two thousand
eleven through March thirty-first, two thousand fourteen, up to eight
million six hundred twelve thousand dollars each state fiscal year for
the period April first, two thousand fourteen through March thirty-
first, two thousand seventeen, up to eight million six hundred twelve
thousand dollars each state fiscal year for the period April first, two
thousand seventeen through March thirty-first, two thousand twenty,
[and] up to eight million six hundred twelve thousand dollars each state
fiscal year for the period April first, two thousand twenty through
March thirty-first, two thousand twenty-three, AND UP TO EIGHT MILLION
SIX HUNDRED TWELVE THOUSAND DOLLARS EACH STATE FISCAL YEAR FOR THE PERI-
OD APRIL FIRST, TWO THOUSAND TWENTY-THREE THROUGH MARCH THIRTY-FIRST,
TWO THOUSAND TWENTY-SIX, shall be set aside and reserved by the commis-
sioner from the regional pools established pursuant to subdivision two
of this section to be allocated regionally with two-thirds of the avail-
able funding going to New York city and one-third of the available fund-
ing going to the rest of the state and shall be available for distrib-
ution as follows:
Distributions shall first be made to consortia and teaching general
hospitals for the empire clinical research investigator program (ECRIP)
to help secure federal funding for biomedical research, train clinical
researchers, recruit national leaders as faculty to act as mentors, and
train residents and fellows in biomedical research skills based on
hospital-specific data submitted to the commissioner by consortia and
teaching general hospitals in accordance with clause (G) of this subpar-
S. 4007--A 40 A. 3007--A
agraph. Such distributions shall be made in accordance with the follow-
ing methodology:
(A) The greatest number of clinical research positions for which a
consortium or teaching general hospital may be funded pursuant to this
subparagraph shall be one percent of the total number of residents
training at the consortium or teaching general hospital on July first,
two thousand eight for the period January first, two thousand nine
through December thirty-first, two thousand nine rounded up to the near-
est one position.
(B) Distributions made to a consortium or teaching general hospital
shall equal the product of the total number of clinical research posi-
tions submitted by a consortium or teaching general hospital and
accepted by the commissioner as meeting the criteria set forth in para-
graph (b) of subdivision one of this section, subject to the reduction
calculation set forth in clause (C) of this subparagraph, times one
hundred ten thousand dollars.
(C) If the dollar amount for the total number of clinical research
positions in the region calculated pursuant to clause (B) of this
subparagraph exceeds the total amount appropriated for purposes of this
paragraph, including clinical research positions that continue from and
were funded in prior distribution periods, the commissioner shall elimi-
nate one-half of the clinical research positions submitted by each
consortium or teaching general hospital rounded down to the nearest one
position. Such reduction shall be repeated until the dollar amount for
the total number of clinical research positions in the region does not
exceed the total amount appropriated for purposes of this paragraph. If
the repeated reduction of the total number of clinical research posi-
tions in the region by one-half does not render a total funding amount
that is equal to or less than the total amount reserved for that region
within the appropriation, the funding for each clinical research posi-
tion in that region shall be reduced proportionally in one thousand
dollar increments until the total dollar amount for the total number of
clinical research positions in that region does not exceed the total
amount reserved for that region within the appropriation. Any reduction
in funding will be effective for the duration of the award. No clinical
research positions that continue from and were funded in prior distrib-
ution periods shall be eliminated or reduced by such methodology.
(D) Each consortium or teaching general hospital shall receive its
annual distribution amount in accordance with the following:
(I) Each consortium or teaching general hospital with a one-year ECRIP
award shall receive its annual distribution amount in full upon
completion of the requirements set forth in items (I) and (II) of clause
(G) of this subparagraph. The requirements set forth in items (IV) and
(V) of clause (G) of this subparagraph must be completed by the consor-
tium or teaching general hospital in order for the consortium or teach-
ing general hospital to be eligible to apply for ECRIP funding in any
subsequent funding cycle.
(II) Each consortium or teaching general hospital with a two-year
ECRIP award shall receive its first annual distribution amount in full
upon completion of the requirements set forth in items (I) and (II) of
clause (G) of this subparagraph. Each consortium or teaching general
hospital will receive its second annual distribution amount in full upon
completion of the requirements set forth in item (III) of clause (G) of
this subparagraph. The requirements set forth in items (IV) and (V) of
clause (G) of this subparagraph must be completed by the consortium or
teaching general hospital in order for the consortium or teaching gener-
S. 4007--A 41 A. 3007--A
al hospital to be eligible to apply for ECRIP funding in any subsequent
funding cycle.
(E) Each consortium or teaching general hospital receiving distrib-
utions pursuant to this subparagraph shall reserve seventy-five thousand
dollars to primarily fund salary and fringe benefits of the clinical
research position with the remainder going to fund the development of
faculty who are involved in biomedical research, training and clinical
care.
(F) Undistributed or returned funds available to fund clinical
research positions pursuant to this paragraph for a distribution period
shall be available to fund clinical research positions in a subsequent
distribution period.
(G) In order to be eligible for distributions pursuant to this subpar-
agraph, each consortium and teaching general hospital shall provide to
the commissioner by July first of each distribution period, the follow-
ing data and information on a hospital-specific basis. Such data and
information shall be certified as to accuracy and completeness by the
chief executive officer, chief financial officer or chair of the consor-
tium governing body of each consortium or teaching general hospital and
shall be maintained by each consortium and teaching general hospital for
five years from the date of submission:
(I) For each clinical research position, information on the type,
scope, training objectives, institutional support, clinical research
experience of the sponsor-mentor, plans for submitting research outcomes
to peer reviewed journals and at scientific meetings, including a meet-
ing sponsored by the department, the name of a principal contact person
responsible for tracking the career development of researchers placed in
clinical research positions, as defined in paragraph (c) of subdivision
one of this section, and who is authorized to certify to the commission-
er that all the requirements of the clinical research training objec-
tives set forth in this subparagraph shall be met. Such certification
shall be provided by July first of each distribution period;
(II) For each clinical research position, information on the name,
citizenship status, medical education and training, and medical license
number of the researcher, if applicable, shall be provided by December
thirty-first of the calendar year following the distribution period;
(III) Information on the status of the clinical research plan, accom-
plishments, changes in research activities, progress, and performance of
the researcher shall be provided upon completion of one-half of the
award term;
(IV) A final report detailing training experiences, accomplishments,
activities and performance of the clinical researcher, and data, meth-
ods, results and analyses of the clinical research plan shall be
provided three months after the clinical research position ends; and
(V) Tracking information concerning past researchers, including but
not limited to (A) background information, (B) employment history, (C)
research status, (D) current research activities, (E) publications and
presentations, (F) research support, and (G) any other information
necessary to track the researcher; and
(VI) Any other data or information required by the commissioner to
implement this subparagraph.
(H) Notwithstanding any inconsistent provision of this subdivision,
for periods on and after April first, two thousand thirteen, ECRIP grant
awards shall be made in accordance with rules and regulations promulgat-
ed by the commissioner. Such regulations shall, at a minimum:
S. 4007--A 42 A. 3007--A
(1) provide that ECRIP grant awards shall be made with the objective
of securing federal funding for biomedical research, training clinical
researchers, recruiting national leaders as faculty to act as mentors,
and training residents and fellows in biomedical research skills;
(2) provide that ECRIP grant applicants may include interdisciplinary
research teams comprised of teaching general hospitals acting in collab-
oration with entities including but not limited to medical centers,
hospitals, universities and local health departments;
(3) provide that applications for ECRIP grant awards shall be based on
such information requested by the commissioner, which shall include but
not be limited to hospital-specific data;
(4) establish the qualifications for investigators and other staff
required for grant projects eligible for ECRIP grant awards; and
(5) establish a methodology for the distribution of funds under ECRIP
grant awards.
(c) Physician loan repayment program. One million nine hundred sixty
thousand dollars for the period January first, two thousand eight
through December thirty-first, two thousand eight, one million nine
hundred sixty thousand dollars for the period January first, two thou-
sand nine through December thirty-first, two thousand nine, one million
nine hundred sixty thousand dollars for the period January first, two
thousand ten through December thirty-first, two thousand ten, four
hundred ninety thousand dollars for the period January first, two thou-
sand eleven through March thirty-first, two thousand eleven, one million
seven hundred thousand dollars each state fiscal year for the period
April first, two thousand eleven through March thirty-first, two thou-
sand fourteen, up to one million seven hundred five thousand dollars
each state fiscal year for the period April first, two thousand fourteen
through March thirty-first, two thousand seventeen, up to one million
seven hundred five thousand dollars each state fiscal year for the peri-
od April first, two thousand seventeen through March thirty-first, two
thousand twenty, [and] up to one million seven hundred five thousand
dollars each state fiscal year for the period April first, two thousand
twenty through March thirty-first, two thousand twenty-three, AND UP TO
ONE MILLION SEVEN HUNDRED FIVE THOUSAND DOLLARS EACH STATE FISCAL YEAR
FOR THE PERIOD APRIL FIRST, TWO THOUSAND TWENTY-THREE THROUGH MARCH
THIRTY-FIRST, TWO THOUSAND TWENTY-SIX, shall be set aside and reserved
by the commissioner from the regional pools established pursuant to
subdivision two of this section and shall be available for purposes of
physician loan repayment in accordance with subdivision ten of this
section. Notwithstanding any contrary provision of this section,
sections one hundred twelve and one hundred sixty-three of the state
finance law, or any other contrary provision of law, such funding shall
be allocated regionally with one-third of available funds going to New
York city and two-thirds of available funds going to the rest of the
state and shall be distributed in a manner to be determined by the
commissioner without a competitive bid or request for proposal process
as follows:
(i) Funding shall first be awarded to repay loans of up to twenty-five
physicians who train in primary care or specialty tracks in teaching
general hospitals, and who enter and remain in primary care or specialty
practices in underserved communities, as determined by the commissioner.
(ii) After distributions in accordance with subparagraph (i) of this
paragraph, all remaining funds shall be awarded to repay loans of physi-
cians who enter and remain in primary care or specialty practices in
underserved communities, as determined by the commissioner, including
S. 4007--A 43 A. 3007--A
but not limited to physicians working in general hospitals, or other
health care facilities.
(iii) In no case shall less than fifty percent of the funds available
pursuant to this paragraph be distributed in accordance with subpara-
graphs (i) and (ii) of this paragraph to physicians identified by gener-
al hospitals.
(iv) In addition to the funds allocated under this paragraph, for the
period April first, two thousand fifteen through March thirty-first, two
thousand sixteen, two million dollars shall be available for the
purposes described in subdivision ten of this section;
(v) In addition to the funds allocated under this paragraph, for the
period April first, two thousand sixteen through March thirty-first, two
thousand seventeen, two million dollars shall be available for the
purposes described in subdivision ten of this section;
(vi) Notwithstanding any provision of law to the contrary, and subject
to the extension of the Health Care Reform Act of 1996, sufficient funds
shall be available for the purposes described in subdivision ten of this
section in amounts necessary to fund the remaining year commitments for
awards made pursuant to subparagraphs (iv) and (v) of this paragraph.
(d) Physician practice support. Four million nine hundred thousand
dollars for the period January first, two thousand eight through Decem-
ber thirty-first, two thousand eight, four million nine hundred thousand
dollars annually for the period January first, two thousand nine through
December thirty-first, two thousand ten, one million two hundred twen-
ty-five thousand dollars for the period January first, two thousand
eleven through March thirty-first, two thousand eleven, four million
three hundred thousand dollars each state fiscal year for the period
April first, two thousand eleven through March thirty-first, two thou-
sand fourteen, up to four million three hundred sixty thousand dollars
each state fiscal year for the period April first, two thousand fourteen
through March thirty-first, two thousand seventeen, up to four million
three hundred sixty thousand dollars for each state fiscal year for the
period April first, two thousand seventeen through March thirty-first,
two thousand twenty, [and] up to four million three hundred sixty thou-
sand dollars for each fiscal year for the period April first, two thou-
sand twenty through March thirty-first, two thousand twenty-three, AND
UP TO FOUR MILLION THREE HUNDRED SIXTY THOUSAND DOLLARS FOR EACH FISCAL
YEAR FOR THE PERIOD APRIL FIRST, TWO THOUSAND TWENTY-THREE THROUGH MARCH
THIRTY-FIRST, TWO THOUSAND TWENTY-SIX, shall be set aside and reserved
by the commissioner from the regional pools established pursuant to
subdivision two of this section and shall be available for purposes of
physician practice support. Notwithstanding any contrary provision of
this section, sections one hundred twelve and one hundred sixty-three of
the state finance law, or any other contrary provision of law, such
funding shall be allocated regionally with one-third of available funds
going to New York city and two-thirds of available funds going to the
rest of the state and shall be distributed in a manner to be determined
by the commissioner without a competitive bid or request for proposal
process as follows:
(i) Preference in funding shall first be accorded to teaching general
hospitals for up to twenty-five awards, to support costs incurred by
physicians trained in primary or specialty tracks who thereafter estab-
lish or join practices in underserved communities, as determined by the
commissioner.
(ii) After distributions in accordance with subparagraph (i) of this
paragraph, all remaining funds shall be awarded to physicians to support
S. 4007--A 44 A. 3007--A
the cost of establishing or joining practices in underserved communi-
ties, as determined by the commissioner, and to hospitals and other
health care providers to recruit new physicians to provide services in
underserved communities, as determined by the commissioner.
(iii) In no case shall less than fifty percent of the funds available
pursuant to this paragraph be distributed to general hospitals in
accordance with subparagraphs (i) and (ii) of this paragraph.
(e) Work group. For funding available pursuant to paragraphs (c)
[and], (d) AND (e) of this subdivision:
(i) The department shall appoint a work group from recommendations
made by associations representing physicians, general hospitals and
other health care facilities to develop a streamlined application proc-
ess by June first, two thousand twelve.
(ii) Subject to available funding, applications shall be accepted on a
continuous basis. The department shall provide technical assistance to
applicants to facilitate their completion of applications. An applicant
shall be notified in writing by the department within ten days of
receipt of an application as to whether the application is complete and
if the application is incomplete, what information is outstanding. The
department shall act on an application within thirty days of receipt of
a complete application.
(f) Study on physician workforce. Five hundred ninety thousand dollars
annually for the period January first, two thousand eight through Decem-
ber thirty-first, two thousand ten, one hundred forty-eight thousand
dollars for the period January first, two thousand eleven through March
thirty-first, two thousand eleven, five hundred sixteen thousand dollars
each state fiscal year for the period April first, two thousand eleven
through March thirty-first, two thousand fourteen, up to four hundred
eighty-seven thousand dollars each state fiscal year for the period
April first, two thousand fourteen through March thirty-first, two thou-
sand seventeen, up to four hundred eighty-seven thousand dollars for
each state fiscal year for the period April first, two thousand seven-
teen through March thirty-first, two thousand twenty, [and] up to four
hundred eighty-seven thousand dollars each state fiscal year for the
period April first, two thousand twenty through March thirty-first, two
thousand twenty-three, AND UP TO FOUR HUNDRED EIGHTY-SEVEN THOUSAND
DOLLARS EACH STATE FISCAL YEAR FOR THE PERIOD APRIL FIRST, TWO THOUSAND
TWENTY-THREE THROUGH MARCH THIRTY-FIRST, TWO THOUSAND TWENTY-SIX, shall
be set aside and reserved by the commissioner from the regional pools
established pursuant to subdivision two of this section and shall be
available to fund a study of physician workforce needs and solutions
including, but not limited to, an analysis of residency programs and
projected physician workforce and community needs. The commissioner
shall enter into agreements with one or more organizations to conduct
such study based on a request for proposal process.
(g) Diversity in medicine/post-baccalaureate program. Notwithstanding
any inconsistent provision of section one hundred twelve or one hundred
sixty-three of the state finance law or any other law, one million nine
hundred sixty thousand dollars annually for the period January first,
two thousand eight through December thirty-first, two thousand ten, four
hundred ninety thousand dollars for the period January first, two thou-
sand eleven through March thirty-first, two thousand eleven, one million
seven hundred thousand dollars each state fiscal year for the period
April first, two thousand eleven through March thirty-first, two thou-
sand fourteen, up to one million six hundred five thousand dollars each
state fiscal year for the period April first, two thousand fourteen
S. 4007--A 45 A. 3007--A
through March thirty-first, two thousand seventeen, up to one million
six hundred five thousand dollars each state fiscal year for the period
April first, two thousand seventeen through March thirty-first, two
thousand twenty, [and] up to one million six hundred five thousand
dollars each state fiscal year for the period April first, two thousand
twenty through March thirty-first, two thousand twenty-three, AND UP TO
ONE MILLION SIX HUNDRED FIVE THOUSAND DOLLARS EACH STATE FISCAL YEAR FOR
THE PERIOD APRIL FIRST, TWO THOUSAND TWENTY-THREE THROUGH MARCH THIRTY-
FIRST, TWO THOUSAND TWENTY-SIX, shall be set aside and reserved by the
commissioner from the regional pools established pursuant to subdivision
two of this section and shall be available for distributions to the
Associated Medical Schools of New York to fund its diversity program
including existing and new post-baccalaureate programs for minority and
economically disadvantaged students and encourage participation from all
medical schools in New York. The associated medical schools of New York
shall report to the commissioner on an annual basis regarding the use of
funds for such purpose in such form and manner as specified by the
commissioner.
(h) In the event there are undistributed funds within amounts made
available for distributions pursuant to this subdivision, such funds may
be reallocated and distributed in current or subsequent distribution
periods in a manner determined by the commissioner for any purpose set
forth in this subdivision.
§ 7. Subdivision 4-c of section 2807-p of the public health law, as
amended by section 10 of part Y of chapter 56 of the laws of 2020, is
amended to read as follows:
4-c. Notwithstanding any provision of law to the contrary, the commis-
sioner shall make additional payments for uncompensated care to volun-
tary non-profit diagnostic and treatment centers that are eligible for
distributions under subdivision four of this section in the following
amounts: for the period June first, two thousand six through December
thirty-first, two thousand six, in the amount of seven million five
hundred thousand dollars, for the period January first, two thousand
seven through December thirty-first, two thousand seven, seven million
five hundred thousand dollars, for the period January first, two thou-
sand eight through December thirty-first, two thousand eight, seven
million five hundred thousand dollars, for the period January first, two
thousand nine through December thirty-first, two thousand nine, fifteen
million five hundred thousand dollars, for the period January first, two
thousand ten through December thirty-first, two thousand ten, seven
million five hundred thousand dollars, for the period January first, two
thousand eleven though December thirty-first, two thousand eleven, seven
million five hundred thousand dollars, for the period January first, two
thousand twelve through December thirty-first, two thousand twelve,
seven million five hundred thousand dollars, for the period January
first, two thousand thirteen through December thirty-first, two thousand
thirteen, seven million five hundred thousand dollars, for the period
January first, two thousand fourteen through December thirty-first, two
thousand fourteen, seven million five hundred thousand dollars, for the
period January first, two thousand fifteen through December thirty-
first, two thousand fifteen, seven million five hundred thousand
dollars, for the period January first two thousand sixteen through
December thirty-first, two thousand sixteen, seven million five hundred
thousand dollars, for the period January first, two thousand seventeen
through December thirty-first, two thousand seventeen, seven million
five hundred thousand dollars, for the period January first, two thou-
S. 4007--A 46 A. 3007--A
sand eighteen through December thirty-first, two thousand eighteen,
seven million five hundred thousand dollars, for the period January
first, two thousand nineteen through December thirty-first, two thousand
nineteen, seven million five hundred thousand dollars, for the period
January first, two thousand twenty through December thirty-first, two
thousand twenty, seven million five hundred thousand dollars, for the
period January first, two thousand twenty-one through December thirty-
first, two thousand twenty-one, seven million five hundred thousand
dollars, for the period January first, two thousand twenty-two through
December thirty-first, two thousand twenty-two, seven million five
hundred thousand dollars, FOR THE PERIOD JANUARY FIRST, TWO THOUSAND
TWENTY-THREE THROUGH DECEMBER THIRTY-FIRST, TWO THOUSAND TWENTY-THREE,
SEVEN MILLION FIVE HUNDRED THOUSAND DOLLARS, FOR THE PERIOD JANUARY
FIRST, TWO THOUSAND TWENTY-FOUR THROUGH DECEMBER THIRTY-FIRST, TWO THOU-
SAND TWENTY-FOUR, SEVEN MILLION FIVE HUNDRED THOUSAND DOLLARS, FOR THE
PERIOD JANUARY FIRST, TWO THOUSAND TWENTY-FIVE THROUGH DECEMBER THIRTY-
FIRST, TWO THOUSAND TWENTY-FIVE, SEVEN MILLION FIVE HUNDRED THOUSAND
DOLLARS, and for the period January first, two thousand [twenty-three]
TWENTY-SIX through March thirty-first, two thousand [twenty-three] TWEN-
TY-SIX, in the amount of one million six hundred thousand dollars,
provided, however, that for periods on and after January first, two
thousand eight, such additional payments shall be distributed to volun-
tary, non-profit diagnostic and treatment centers and to public diagnos-
tic and treatment centers in accordance with paragraph (g) of subdivi-
sion four of this section. In the event that federal financial
participation is available for rate adjustments pursuant to this
section, the commissioner shall make such payments as additional adjust-
ments to rates of payment for voluntary non-profit diagnostic and treat-
ment centers that are eligible for distributions under subdivision
four-a of this section in the following amounts: for the period June
first, two thousand six through December thirty-first, two thousand six,
fifteen million dollars in the aggregate, and for the period January
first, two thousand seven through June thirtieth, two thousand seven,
seven million five hundred thousand dollars in the aggregate. The
amounts allocated pursuant to this paragraph shall be aggregated with
and distributed pursuant to the same methodology applicable to the
amounts allocated to such diagnostic and treatment centers for such
periods pursuant to subdivision four of this section if federal finan-
cial participation is not available, or pursuant to subdivision four-a
of this section if federal financial participation is available.
Notwithstanding section three hundred sixty-eight-a of the social
services law, there shall be no local share in a medical assistance
payment adjustment under this subdivision.
§ 8. Subparagraph (xv) of paragraph (a) of subdivision 6 of section
2807-s of the public health law, as amended by section 11 of part Y of
chapter 56 of the laws of 2020, is amended and a new subparagraph (xvi)
is added to read as follows:
(xv) A gross annual statewide amount for the period January first, two
thousand fifteen through December thirty-first, two thousand [twenty-
three] TWENTY-TWO, shall be one billion forty-five million dollars.
(XVI) A GROSS ANNUAL STATEWIDE AMOUNT FOR THE PERIOD JANUARY FIRST,
TWO THOUSAND TWENTY-THREE TO DECEMBER THIRTY-FIRST, TWO THOUSAND TWEN-
TY-SIX SHALL BE ONE BILLION EIGHTY-FIVE MILLION DOLLARS, FORTY MILLION
DOLLARS ANNUALLY OF WHICH SHALL BE ALLOCATED UNDER SECTION TWENTY-EIGHT
HUNDRED SEVEN-O OF THIS ARTICLE AMONG THE MUNICIPALITIES OF AND THE
STATE OF NEW YORK BASED ON EACH MUNICIPALITY'S SHARE AND THE STATE'S
S. 4007--A 47 A. 3007--A
SHARE OF EARLY INTERVENTION PROGRAM EXPENDITURES NOT REIMBURSABLE BY THE
MEDICAL ASSISTANCE PROGRAM FOR THE LATEST TWELVE MONTH PERIOD FOR WHICH
SUCH DATA IS AVAILABLE.
§ 9. Paragraph (g) of subdivision 6 of section 2807-s of the public
health law, as added by chapter 820 of the laws of 2021, is amended to
read as follows:
(g) A further gross statewide amount for the state fiscal year two
thousand twenty-two [and each state fiscal year thereafter] shall be
forty million dollars.
§ 10. Subparagraph (xiii) of paragraph (a) of subdivision 7 of section
2807-s of the public health law, as amended by section 12 of part Y of
chapter 56 of the laws of 2020, is amended to read as follows:
(xiii) twenty-three million eight hundred thirty-six thousand dollars
each state fiscal year for the period April first, two thousand twelve
through March thirty-first, two thousand [twenty-three] TWENTY-SIX;
§ 11. Subdivision 6 of section 2807-t of the public health law, as
amended by section 13 of part Y of chapter 56 of the laws of 2020, is
amended to read as follows:
6. Prospective adjustments. (a) The commissioner shall annually recon-
cile the sum of the actual payments made to the commissioner or the
commissioner's designee for each region pursuant to section twenty-eight
hundred seven-s of this article and pursuant to this section for the
prior year with the regional allocation of the gross annual statewide
amount specified in subdivision six of section twenty-eight hundred
seven-s of this article for such prior year. The difference between the
actual amount raised for a region and the regional allocation of the
specified gross annual amount for such prior year shall be applied as a
prospective adjustment to the regional allocation of the specified gross
annual payment amount for such region for the year next following the
calculation of the reconciliation. The authorized dollar value of the
adjustments shall be the same as if calculated retrospectively.
(b) Notwithstanding the provisions of paragraph (a) of this subdivi-
sion, for covered lives assessment rate periods on and after January
first, two thousand fifteen through December thirty-first, two thousand
[twenty-three] TWENTY-ONE, for amounts collected in the aggregate in
excess of one billion forty-five million dollars on an annual basis, AND
FOR THE PERIOD JANUARY FIRST, TWO THOUSAND TWENTY-TWO TO DECEMBER THIR-
TY-FIRST, TWO THOUSAND TWENTY-SIX FOR AMOUNTS COLLECTED IN THE AGGREGATE
IN EXCESS OF ONE BILLION EIGHTY-FIVE MILLION DOLLARS ON AN ANNUAL BASIS,
prospective adjustments shall be suspended if the annual reconciliation
calculation from the prior year would otherwise result in a decrease to
the regional allocation of the specified gross annual payment amount for
that region, provided, however, that such suspension shall be lifted
upon a determination by the commissioner, in consultation with the
director of the budget, that sixty-five million dollars in aggregate
collections on an annual basis over and above one billion forty-five
million dollars on an annual basis FOR THE PERIOD ON AND AFTER JANUARY
FIRST, TWO THOUSAND FIFTEEN THROUGH DECEMBER THIRTY-FIRST, TWO THOUSAND
TWENTY-ONE AND FOR THE PERIOD JANUARY FIRST, TWO THOUSAND TWENTY-TWO TO
DECEMBER THIRTY-FIRST, TWO THOUSAND TWENTY-SIX FOR AMOUNTS COLLECTED IN
THE AGGREGATE IN EXCESS OF ONE BILLION EIGHTY-FIVE MILLION DOLLARS ON AN
ANNUAL BASIS have been reserved and set aside for deposit in the HCRA
resources fund. Any amounts collected in the aggregate at or below one
billion forty-five million dollars on an annual basis FOR THE PERIOD ON
AND AFTER JANUARY FIRST, TWO THOUSAND FIFTEEN THROUGH DECEMBER THIRTY-
FIRST, TWO THOUSAND TWENTY-TWO, AND FOR THE PERIOD JANUARY FIRST, TWO
S. 4007--A 48 A. 3007--A
THOUSAND TWENTY-THREE TO DECEMBER THIRTY-FIRST, TWO THOUSAND TWENTY-SIX
FOR AMOUNTS COLLECTED IN THE AGGREGATE IN EXCESS OF ONE BILLION EIGHTY-
FIVE MILLION DOLLARS ON AN ANNUAL BASIS, shall be subject to regional
adjustments reconciling any decreases or increases to the regional allo-
cation in accordance with paragraph (a) of this subdivision.
§ 12. Section 2807-v of the public health law, as amended by section
14 of part Y of chapter 56 of the laws of 2020, is amended to read as
follows:
§ 2807-v. Tobacco control and insurance initiatives pool distrib-
utions. 1. Funds accumulated in the tobacco control and insurance
initiatives pool or in the health care reform act (HCRA) resources fund
established pursuant to section ninety-two-dd of the state finance law,
whichever is applicable, including income from invested funds, shall be
distributed or retained by the commissioner or by the state comptroller,
as applicable, in accordance with the following:
(a) Funds shall be deposited by the commissioner, within amounts
appropriated, and the state comptroller is hereby authorized and
directed to receive for deposit to the credit of the state special
revenue funds - other, HCRA transfer fund, medicaid fraud hotline and
medicaid administration account, or any successor fund or account, for
purposes of services and expenses related to the toll-free medicaid
fraud hotline established pursuant to section one hundred eight of chap-
ter one of the laws of nineteen hundred ninety-nine from the tobacco
control and insurance initiatives pool established for the following
periods in the following amounts: four hundred thousand dollars annually
for the periods January first, two thousand through December thirty-
first, two thousand two, up to four hundred thousand dollars for the
period January first, two thousand three through December thirty-first,
two thousand three, up to four hundred thousand dollars for the period
January first, two thousand four through December thirty-first, two
thousand four, up to four hundred thousand dollars for the period Janu-
ary first, two thousand five through December thirty-first, two thousand
five, up to four hundred thousand dollars for the period January first,
two thousand six through December thirty-first, two thousand six, up to
four hundred thousand dollars for the period January first, two thousand
seven through December thirty-first, two thousand seven, up to four
hundred thousand dollars for the period January first, two thousand
eight through December thirty-first, two thousand eight, up to four
hundred thousand dollars for the period January first, two thousand nine
through December thirty-first, two thousand nine, up to four hundred
thousand dollars for the period January first, two thousand ten through
December thirty-first, two thousand ten, up to one hundred thousand
dollars for the period January first, two thousand eleven through March
thirty-first, two thousand eleven and within amounts appropriated on and
after April first, two thousand eleven.
(b) Funds shall be reserved and accumulated from year to year and
shall be available, including income from invested funds, for purposes
of payment of audits or audit contracts necessary to determine payor and
provider compliance with requirements set forth in sections twenty-eight
hundred seven-j, twenty-eight hundred seven-s and twenty-eight hundred
seven-t of this article from the tobacco control and insurance initi-
atives pool established for the following periods in the following
amounts: five million six hundred thousand dollars annually for the
periods January first, two thousand through December thirty-first, two
thousand two, up to five million dollars for the period January first,
two thousand three through December thirty-first, two thousand three, up
S. 4007--A 49 A. 3007--A
to five million dollars for the period January first, two thousand four
through December thirty-first, two thousand four, up to five million
dollars for the period January first, two thousand five through December
thirty-first, two thousand five, up to five million dollars for the
period January first, two thousand six through December thirty-first,
two thousand six, up to seven million eight hundred thousand dollars for
the period January first, two thousand seven through December thirty-
first, two thousand seven, and up to eight million three hundred twen-
ty-five thousand dollars for the period January first, two thousand
eight through December thirty-first, two thousand eight, up to eight
million five hundred thousand dollars for the period January first, two
thousand nine through December thirty-first, two thousand nine, up to
eight million five hundred thousand dollars for the period January
first, two thousand ten through December thirty-first, two thousand ten,
up to two million one hundred twenty-five thousand dollars for the peri-
od January first, two thousand eleven through March thirty-first, two
thousand eleven, up to fourteen million seven hundred thousand dollars
each state fiscal year for the period April first, two thousand eleven
through March thirty-first, two thousand fourteen, up to eleven million
one hundred thousand dollars each state fiscal year for the period April
first, two thousand fourteen through March thirty-first, two thousand
seventeen, up to eleven million one hundred thousand dollars each state
fiscal year for the period April first, two thousand seventeen through
March thirty-first, two thousand twenty, [and] up to eleven million one
hundred thousand dollars each state fiscal year for the period April
first, two thousand twenty through March thirty-first, two thousand
twenty-three, AND UP TO ELEVEN MILLION ONE HUNDRED THOUSAND DOLLARS EACH
STATE FISCAL YEAR FOR THE PERIOD APRIL FIRST, TWO THOUSAND TWENTY-THREE
THROUGH MARCH THIRTY-FIRST, TWO THOUSAND TWENTY-SIX.
(c) Funds shall be deposited by the commissioner, within amounts
appropriated, and the state comptroller is hereby authorized and
directed to receive for deposit to the credit of the state special
revenue funds - other, HCRA transfer fund, enhanced community services
account, or any successor fund or account, for mental health services
programs for case management services for adults and children; supported
housing; home and community based waiver services; family based treat-
ment; family support services; mobile mental health teams; transitional
housing; and community oversight, established pursuant to articles seven
and forty-one of the mental hygiene law and subdivision nine of section
three hundred sixty-six of the social services law; and for comprehen-
sive care centers for eating disorders pursuant to the former section
twenty-seven hundred ninety-nine-l of this chapter, provided however
that, for such centers, funds in the amount of five hundred thousand
dollars on an annualized basis shall be transferred from the enhanced
community services account, or any successor fund or account, and depos-
ited into the fund established by section ninety-five-e of the state
finance law; from the tobacco control and insurance initiatives pool
established for the following periods in the following amounts:
(i) forty-eight million dollars to be reserved, to be retained or for
distribution pursuant to a chapter of the laws of two thousand, for the
period January first, two thousand through December thirty-first, two
thousand;
(ii) eighty-seven million dollars to be reserved, to be retained or
for distribution pursuant to a chapter of the laws of two thousand one,
for the period January first, two thousand one through December thirty-
first, two thousand one;
S. 4007--A 50 A. 3007--A
(iii) eighty-seven million dollars to be reserved, to be retained or
for distribution pursuant to a chapter of the laws of two thousand two,
for the period January first, two thousand two through December thirty-
first, two thousand two;
(iv) eighty-eight million dollars to be reserved, to be retained or
for distribution pursuant to a chapter of the laws of two thousand
three, for the period January first, two thousand three through December
thirty-first, two thousand three;
(v) eighty-eight million dollars, plus five hundred thousand dollars,
to be reserved, to be retained or for distribution pursuant to a chapter
of the laws of two thousand four, and pursuant to the former section
twenty-seven hundred ninety-nine-l of this chapter, for the period Janu-
ary first, two thousand four through December thirty-first, two thousand
four;
(vi) eighty-eight million dollars, plus five hundred thousand dollars,
to be reserved, to be retained or for distribution pursuant to a chapter
of the laws of two thousand five, and pursuant to the former section
twenty-seven hundred ninety-nine-l of this chapter, for the period Janu-
ary first, two thousand five through December thirty-first, two thousand
five;
(vii) eighty-eight million dollars, plus five hundred thousand
dollars, to be reserved, to be retained or for distribution pursuant to
a chapter of the laws of two thousand six, and pursuant to former
section twenty-seven hundred ninety-nine-l of this chapter, for the
period January first, two thousand six through December thirty-first,
two thousand six;
(viii) eighty-six million four hundred thousand dollars, plus five
hundred thousand dollars, to be reserved, to be retained or for distrib-
ution pursuant to a chapter of the laws of two thousand seven and pursu-
ant to the former section twenty-seven hundred ninety-nine-l of this
chapter, for the period January first, two thousand seven through Decem-
ber thirty-first, two thousand seven; and
(ix) twenty-two million nine hundred thirteen thousand dollars, plus
one hundred twenty-five thousand dollars, to be reserved, to be retained
or for distribution pursuant to a chapter of the laws of two thousand
eight and pursuant to the former section twenty-seven hundred ninety-
nine-l of this chapter, for the period January first, two thousand eight
through March thirty-first, two thousand eight.
(d) Funds shall be deposited by the commissioner, within amounts
appropriated, and the state comptroller is hereby authorized and
directed to receive for deposit to the credit of the state special
revenue funds - other, HCRA transfer fund, medical assistance account,
or any successor fund or account, for purposes of funding the state
share of services and expenses related to the family health plus program
including up to two and one-half million dollars annually for the period
January first, two thousand through December thirty-first, two thousand
two, for administration and marketing costs associated with such program
established pursuant to clause (A) of subparagraph (v) of paragraph (a)
of subdivision two of section three hundred sixty-nine-ee of the social
services law from the tobacco control and insurance initiatives pool
established for the following periods in the following amounts:
(i) three million five hundred thousand dollars for the period January
first, two thousand through December thirty-first, two thousand;
(ii) twenty-seven million dollars for the period January first, two
thousand one through December thirty-first, two thousand one; and
S. 4007--A 51 A. 3007--A
(iii) fifty-seven million dollars for the period January first, two
thousand two through December thirty-first, two thousand two.
(e) Funds shall be deposited by the commissioner, within amounts
appropriated, and the state comptroller is hereby authorized and
directed to receive for deposit to the credit of the state special
revenue funds - other, HCRA transfer fund, medical assistance account,
or any successor fund or account, for purposes of funding the state
share of services and expenses related to the family health plus program
including up to two and one-half million dollars annually for the period
January first, two thousand through December thirty-first, two thousand
two for administration and marketing costs associated with such program
established pursuant to clause (B) of subparagraph (v) of paragraph (a)
of subdivision two of section three hundred sixty-nine-ee of the social
services law from the tobacco control and insurance initiatives pool
established for the following periods in the following amounts:
(i) two million five hundred thousand dollars for the period January
first, two thousand through December thirty-first, two thousand;
(ii) thirty million five hundred thousand dollars for the period Janu-
ary first, two thousand one through December thirty-first, two thousand
one; and
(iii) sixty-six million dollars for the period January first, two
thousand two through December thirty-first, two thousand two.
(f) Funds shall be deposited by the commissioner, within amounts
appropriated, and the state comptroller is hereby authorized and
directed to receive for deposit to the credit of the state special
revenue funds - other, HCRA transfer fund, medicaid fraud hotline and
medicaid administration account, or any successor fund or account, for
purposes of payment of administrative expenses of the department related
to the family health plus program established pursuant to section three
hundred sixty-nine-ee of the social services law from the tobacco
control and insurance initiatives pool established for the following
periods in the following amounts: five hundred thousand dollars on an
annual basis for the periods January first, two thousand through Decem-
ber thirty-first, two thousand six, five hundred thousand dollars for
the period January first, two thousand seven through December thirty-
first, two thousand seven, and five hundred thousand dollars for the
period January first, two thousand eight through December thirty-first,
two thousand eight, five hundred thousand dollars for the period January
first, two thousand nine through December thirty-first, two thousand
nine, five hundred thousand dollars for the period January first, two
thousand ten through December thirty-first, two thousand ten, one
hundred twenty-five thousand dollars for the period January first, two
thousand eleven through March thirty-first, two thousand eleven and
within amounts appropriated on and after April first, two thousand elev-
en.
(g) Funds shall be reserved and accumulated from year to year and
shall be available, including income from invested funds, for purposes
of services and expenses related to the health maintenance organization
direct pay market program established pursuant to sections forty-three
hundred twenty-one-a and forty-three hundred twenty-two-a of the insur-
ance law from the tobacco control and insurance initiatives pool estab-
lished for the following periods in the following amounts:
(i) up to thirty-five million dollars for the period January first,
two thousand through December thirty-first, two thousand of which fifty
percentum shall be allocated to the program pursuant to section four
thousand three hundred twenty-one-a of the insurance law and fifty
S. 4007--A 52 A. 3007--A
percentum to the program pursuant to section four thousand three hundred
twenty-two-a of the insurance law;
(ii) up to thirty-six million dollars for the period January first,
two thousand one through December thirty-first, two thousand one of
which fifty percentum shall be allocated to the program pursuant to
section four thousand three hundred twenty-one-a of the insurance law
and fifty percentum to the program pursuant to section four thousand
three hundred twenty-two-a of the insurance law;
(iii) up to thirty-nine million dollars for the period January first,
two thousand two through December thirty-first, two thousand two of
which fifty percentum shall be allocated to the program pursuant to
section four thousand three hundred twenty-one-a of the insurance law
and fifty percentum to the program pursuant to section four thousand
three hundred twenty-two-a of the insurance law;
(iv) up to forty million dollars for the period January first, two
thousand three through December thirty-first, two thousand three of
which fifty percentum shall be allocated to the program pursuant to
section four thousand three hundred twenty-one-a of the insurance law
and fifty percentum to the program pursuant to section four thousand
three hundred twenty-two-a of the insurance law;
(v) up to forty million dollars for the period January first, two
thousand four through December thirty-first, two thousand four of which
fifty percentum shall be allocated to the program pursuant to section
four thousand three hundred twenty-one-a of the insurance law and fifty
percentum to the program pursuant to section four thousand three hundred
twenty-two-a of the insurance law;
(vi) up to forty million dollars for the period January first, two
thousand five through December thirty-first, two thousand five of which
fifty percentum shall be allocated to the program pursuant to section
four thousand three hundred twenty-one-a of the insurance law and fifty
percentum to the program pursuant to section four thousand three hundred
twenty-two-a of the insurance law;
(vii) up to forty million dollars for the period January first, two
thousand six through December thirty-first, two thousand six of which
fifty percentum shall be allocated to the program pursuant to section
four thousand three hundred twenty-one-a of the insurance law and fifty
percentum shall be allocated to the program pursuant to section four
thousand three hundred twenty-two-a of the insurance law;
(viii) up to forty million dollars for the period January first, two
thousand seven through December thirty-first, two thousand seven of
which fifty percentum shall be allocated to the program pursuant to
section four thousand three hundred twenty-one-a of the insurance law
and fifty percentum shall be allocated to the program pursuant to
section four thousand three hundred twenty-two-a of the insurance law;
and
(ix) up to forty million dollars for the period January first, two
thousand eight through December thirty-first, two thousand eight of
which fifty per centum shall be allocated to the program pursuant to
section four thousand three hundred twenty-one-a of the insurance law
and fifty per centum shall be allocated to the program pursuant to
section four thousand three hundred twenty-two-a of the insurance law.
(h) Funds shall be reserved and accumulated from year to year and
shall be available, including income from invested funds, for purposes
of services and expenses related to the healthy New York individual
program established pursuant to sections four thousand three hundred
twenty-six and four thousand three hundred twenty-seven of the insurance
S. 4007--A 53 A. 3007--A
law from the tobacco control and insurance initiatives pool established
for the following periods in the following amounts:
(i) up to six million dollars for the period January first, two thou-
sand one through December thirty-first, two thousand one;
(ii) up to twenty-nine million dollars for the period January first,
two thousand two through December thirty-first, two thousand two;
(iii) up to five million one hundred thousand dollars for the period
January first, two thousand three through December thirty-first, two
thousand three;
(iv) up to twenty-four million six hundred thousand dollars for the
period January first, two thousand four through December thirty-first,
two thousand four;
(v) up to thirty-four million six hundred thousand dollars for the
period January first, two thousand five through December thirty-first,
two thousand five;
(vi) up to fifty-four million eight hundred thousand dollars for the
period January first, two thousand six through December thirty-first,
two thousand six;
(vii) up to sixty-one million seven hundred thousand dollars for the
period January first, two thousand seven through December thirty-first,
two thousand seven; and
(viii) up to one hundred three million seven hundred fifty thousand
dollars for the period January first, two thousand eight through Decem-
ber thirty-first, two thousand eight.
(i) Funds shall be reserved and accumulated from year to year and
shall be available, including income from invested funds, for purposes
of services and expenses related to the healthy New York group program
established pursuant to sections four thousand three hundred twenty-six
and four thousand three hundred twenty-seven of the insurance law from
the tobacco control and insurance initiatives pool established for the
following periods in the following amounts:
(i) up to thirty-four million dollars for the period January first,
two thousand one through December thirty-first, two thousand one;
(ii) up to seventy-seven million dollars for the period January first,
two thousand two through December thirty-first, two thousand two;
(iii) up to ten million five hundred thousand dollars for the period
January first, two thousand three through December thirty-first, two
thousand three;
(iv) up to twenty-four million six hundred thousand dollars for the
period January first, two thousand four through December thirty-first,
two thousand four;
(v) up to thirty-four million six hundred thousand dollars for the
period January first, two thousand five through December thirty-first,
two thousand five;
(vi) up to fifty-four million eight hundred thousand dollars for the
period January first, two thousand six through December thirty-first,
two thousand six;
(vii) up to sixty-one million seven hundred thousand dollars for the
period January first, two thousand seven through December thirty-first,
two thousand seven; and
(viii) up to one hundred three million seven hundred fifty thousand
dollars for the period January first, two thousand eight through Decem-
ber thirty-first, two thousand eight.
(i-1) Notwithstanding the provisions of paragraphs (h) and (i) of this
subdivision, the commissioner shall reserve and accumulate up to two
million five hundred thousand dollars annually for the periods January
S. 4007--A 54 A. 3007--A
first, two thousand four through December thirty-first, two thousand
six, one million four hundred thousand dollars for the period January
first, two thousand seven through December thirty-first, two thousand
seven, two million dollars for the period January first, two thousand
eight through December thirty-first, two thousand eight, from funds
otherwise available for distribution under such paragraphs for the
services and expenses related to the pilot program for entertainment
industry employees included in subsection (b) of section one thousand
one hundred twenty-two of the insurance law, and an additional seven
hundred thousand dollars annually for the periods January first, two
thousand four through December thirty-first, two thousand six, an addi-
tional three hundred thousand dollars for the period January first, two
thousand seven through June thirtieth, two thousand seven for services
and expenses related to the pilot program for displaced workers included
in subsection (c) of section one thousand one hundred twenty-two of the
insurance law.
(j) Funds shall be reserved and accumulated from year to year and
shall be available, including income from invested funds, for purposes
of services and expenses related to the tobacco use prevention and
control program established pursuant to sections thirteen hundred nine-
ty-nine-ii and thirteen hundred ninety-nine-jj of this chapter, from the
tobacco control and insurance initiatives pool established for the
following periods in the following amounts:
(i) up to thirty million dollars for the period January first, two
thousand through December thirty-first, two thousand;
(ii) up to forty million dollars for the period January first, two
thousand one through December thirty-first, two thousand one;
(iii) up to forty million dollars for the period January first, two
thousand two through December thirty-first, two thousand two;
(iv) up to thirty-six million nine hundred fifty thousand dollars for
the period January first, two thousand three through December thirty-
first, two thousand three;
(v) up to thirty-six million nine hundred fifty thousand dollars for
the period January first, two thousand four through December thirty-
first, two thousand four;
(vi) up to forty million six hundred thousand dollars for the period
January first, two thousand five through December thirty-first, two
thousand five;
(vii) up to eighty-one million nine hundred thousand dollars for the
period January first, two thousand six through December thirty-first,
two thousand six, provided, however, that within amounts appropriated, a
portion of such funds may be transferred to the Roswell Park Cancer
Institute Corporation to support costs associated with cancer research;
(viii) up to ninety-four million one hundred fifty thousand dollars
for the period January first, two thousand seven through December thir-
ty-first, two thousand seven, provided, however, that within amounts
appropriated, a portion of such funds may be transferred to the Roswell
Park Cancer Institute Corporation to support costs associated with
cancer research;
(ix) up to ninety-four million one hundred fifty thousand dollars for
the period January first, two thousand eight through December thirty-
first, two thousand eight;
(x) up to ninety-four million one hundred fifty thousand dollars for
the period January first, two thousand nine through December thirty-
first, two thousand nine;
S. 4007--A 55 A. 3007--A
(xi) up to eighty-seven million seven hundred seventy-five thousand
dollars for the period January first, two thousand ten through December
thirty-first, two thousand ten;
(xii) up to twenty-one million four hundred twelve thousand dollars
for the period January first, two thousand eleven through March thirty-
first, two thousand eleven;
(xiii) up to fifty-two million one hundred thousand dollars each state
fiscal year for the period April first, two thousand eleven through
March thirty-first, two thousand fourteen;
(xiv) up to six million dollars each state fiscal year for the period
April first, two thousand fourteen through March thirty-first, two thou-
sand seventeen;
(xv) up to six million dollars each state fiscal year for the period
April first, two thousand seventeen through March thirty-first, two
thousand twenty; [and]
(xvi) up to six million dollars each state fiscal year for the period
April first, two thousand twenty through March thirty-first, two thou-
sand twenty-three; AND
(XVII) UP TO SIX MILLION DOLLARS EACH STATE FISCAL YEAR FOR THE PERIOD
APRIL FIRST, TWO THOUSAND TWENTY-THREE THROUGH MARCH THIRTY-FIRST, TWO
THOUSAND TWENTY-SIX.
(k) Funds shall be deposited by the commissioner, within amounts
appropriated, and the state comptroller is hereby authorized and
directed to receive for deposit to the credit of the state special
revenue fund - other, HCRA transfer fund, health care services account,
or any successor fund or account, for purposes of services and expenses
related to public health programs, including comprehensive care centers
for eating disorders pursuant to the former section twenty-seven hundred
ninety-nine-l of this chapter, provided however that, for such centers,
funds in the amount of five hundred thousand dollars on an annualized
basis shall be transferred from the health care services account, or any
successor fund or account, and deposited into the fund established by
section ninety-five-e of the state finance law for periods prior to
March thirty-first, two thousand eleven, from the tobacco control and
insurance initiatives pool established for the following periods in the
following amounts:
(i) up to thirty-one million dollars for the period January first, two
thousand through December thirty-first, two thousand;
(ii) up to forty-one million dollars for the period January first, two
thousand one through December thirty-first, two thousand one;
(iii) up to eighty-one million dollars for the period January first,
two thousand two through December thirty-first, two thousand two;
(iv) one hundred twenty-two million five hundred thousand dollars for
the period January first, two thousand three through December thirty-
first, two thousand three;
(v) one hundred eight million five hundred seventy-five thousand
dollars, plus an additional five hundred thousand dollars, for the peri-
od January first, two thousand four through December thirty-first, two
thousand four;
(vi) ninety-one million eight hundred thousand dollars, plus an addi-
tional five hundred thousand dollars, for the period January first, two
thousand five through December thirty-first, two thousand five;
(vii) one hundred fifty-six million six hundred thousand dollars, plus
an additional five hundred thousand dollars, for the period January
first, two thousand six through December thirty-first, two thousand six;
S. 4007--A 56 A. 3007--A
(viii) one hundred fifty-one million four hundred thousand dollars,
plus an additional five hundred thousand dollars, for the period January
first, two thousand seven through December thirty-first, two thousand
seven;
(ix) one hundred sixteen million nine hundred forty-nine thousand
dollars, plus an additional five hundred thousand dollars, for the peri-
od January first, two thousand eight through December thirty-first, two
thousand eight;
(x) one hundred sixteen million nine hundred forty-nine thousand
dollars, plus an additional five hundred thousand dollars, for the peri-
od January first, two thousand nine through December thirty-first, two
thousand nine;
(xi) one hundred sixteen million nine hundred forty-nine thousand
dollars, plus an additional five hundred thousand dollars, for the peri-
od January first, two thousand ten through December thirty-first, two
thousand ten;
(xii) twenty-nine million two hundred thirty-seven thousand two
hundred fifty dollars, plus an additional one hundred twenty-five thou-
sand dollars, for the period January first, two thousand eleven through
March thirty-first, two thousand eleven;
(xiii) one hundred twenty million thirty-eight thousand dollars for
the period April first, two thousand eleven through March thirty-first,
two thousand twelve; and
(xiv) one hundred nineteen million four hundred seven thousand dollars
each state fiscal year for the period April first, two thousand twelve
through March thirty-first, two thousand fourteen.
(l) Funds shall be deposited by the commissioner, within amounts
appropriated, and the state comptroller is hereby authorized and
directed to receive for deposit to the credit of the state special
revenue funds - other, HCRA transfer fund, medical assistance account,
or any successor fund or account, for purposes of funding the state
share of the personal care and certified home health agency rate or fee
increases established pursuant to subdivision three of section three
hundred sixty-seven-o of the social services law from the tobacco
control and insurance initiatives pool established for the following
periods in the following amounts:
(i) twenty-three million two hundred thousand dollars for the period
January first, two thousand through December thirty-first, two thousand;
(ii) twenty-three million two hundred thousand dollars for the period
January first, two thousand one through December thirty-first, two thou-
sand one;
(iii) twenty-three million two hundred thousand dollars for the period
January first, two thousand two through December thirty-first, two thou-
sand two;
(iv) up to sixty-five million two hundred thousand dollars for the
period January first, two thousand three through December thirty-first,
two thousand three;
(v) up to sixty-five million two hundred thousand dollars for the
period January first, two thousand four through December thirty-first,
two thousand four;
(vi) up to sixty-five million two hundred thousand dollars for the
period January first, two thousand five through December thirty-first,
two thousand five;
(vii) up to sixty-five million two hundred thousand dollars for the
period January first, two thousand six through December thirty-first,
two thousand six;
S. 4007--A 57 A. 3007--A
(viii) up to sixty-five million two hundred thousand dollars for the
period January first, two thousand seven through December thirty-first,
two thousand seven; and
(ix) up to sixteen million three hundred thousand dollars for the
period January first, two thousand eight through March thirty-first, two
thousand eight.
(m) Funds shall be deposited by the commissioner, within amounts
appropriated, and the state comptroller is hereby authorized and
directed to receive for deposit to the credit of the state special
revenue funds - other, HCRA transfer fund, medical assistance account,
or any successor fund or account, for purposes of funding the state
share of services and expenses related to home care workers insurance
pilot demonstration programs established pursuant to subdivision two of
section three hundred sixty-seven-o of the social services law from the
tobacco control and insurance initiatives pool established for the
following periods in the following amounts:
(i) three million eight hundred thousand dollars for the period Janu-
ary first, two thousand through December thirty-first, two thousand;
(ii) three million eight hundred thousand dollars for the period Janu-
ary first, two thousand one through December thirty-first, two thousand
one;
(iii) three million eight hundred thousand dollars for the period
January first, two thousand two through December thirty-first, two thou-
sand two;
(iv) up to three million eight hundred thousand dollars for the period
January first, two thousand three through December thirty-first, two
thousand three;
(v) up to three million eight hundred thousand dollars for the period
January first, two thousand four through December thirty-first, two
thousand four;
(vi) up to three million eight hundred thousand dollars for the period
January first, two thousand five through December thirty-first, two
thousand five;
(vii) up to three million eight hundred thousand dollars for the peri-
od January first, two thousand six through December thirty-first, two
thousand six;
(viii) up to three million eight hundred thousand dollars for the
period January first, two thousand seven through December thirty-first,
two thousand seven; and
(ix) up to nine hundred fifty thousand dollars for the period January
first, two thousand eight through March thirty-first, two thousand
eight.
(n) Funds shall be transferred by the commissioner and shall be depos-
ited to the credit of the special revenue funds - other, miscellaneous
special revenue fund - 339, elderly pharmaceutical insurance coverage
program premium account authorized pursuant to the provisions of title
three of article two of the elder law, or any successor fund or account,
for funding state expenses relating to the program from the tobacco
control and insurance initiatives pool established for the following
periods in the following amounts:
(i) one hundred seven million dollars for the period January first,
two thousand through December thirty-first, two thousand;
(ii) one hundred sixty-four million dollars for the period January
first, two thousand one through December thirty-first, two thousand one;
S. 4007--A 58 A. 3007--A
(iii) three hundred twenty-two million seven hundred thousand dollars
for the period January first, two thousand two through December thirty-
first, two thousand two;
(iv) four hundred thirty-three million three hundred thousand dollars
for the period January first, two thousand three through December thir-
ty-first, two thousand three;
(v) five hundred four million one hundred fifty thousand dollars for
the period January first, two thousand four through December thirty-
first, two thousand four;
(vi) five hundred sixty-six million eight hundred thousand dollars for
the period January first, two thousand five through December thirty-
first, two thousand five;
(vii) six hundred three million one hundred fifty thousand dollars for
the period January first, two thousand six through December thirty-
first, two thousand six;
(viii) six hundred sixty million eight hundred thousand dollars for
the period January first, two thousand seven through December thirty-
first, two thousand seven;
(ix) three hundred sixty-seven million four hundred sixty-three thou-
sand dollars for the period January first, two thousand eight through
December thirty-first, two thousand eight;
(x) three hundred thirty-four million eight hundred twenty-five thou-
sand dollars for the period January first, two thousand nine through
December thirty-first, two thousand nine;
(xi) three hundred forty-four million nine hundred thousand dollars
for the period January first, two thousand ten through December thirty-
first, two thousand ten;
(xii) eighty-seven million seven hundred eighty-eight thousand dollars
for the period January first, two thousand eleven through March thirty-
first, two thousand eleven;
(xiii) one hundred forty-three million one hundred fifty thousand
dollars for the period April first, two thousand eleven through March
thirty-first, two thousand twelve;
(xiv) one hundred twenty million nine hundred fifty thousand dollars
for the period April first, two thousand twelve through March thirty-
first, two thousand thirteen;
(xv) one hundred twenty-eight million eight hundred fifty thousand
dollars for the period April first, two thousand thirteen through March
thirty-first, two thousand fourteen;
(xvi) one hundred twenty-seven million four hundred sixteen thousand
dollars each state fiscal year for the period April first, two thousand
fourteen through March thirty-first, two thousand seventeen;
(xvii) one hundred twenty-seven million four hundred sixteen thousand
dollars each state fiscal year for the period April first, two thousand
seventeen through March thirty-first, two thousand twenty; [and]
(xviii) one hundred twenty-seven million four hundred sixteen thousand
dollars each state fiscal year for the period April first, two thousand
twenty through March thirty-first, two thousand twenty-three; AND
(XIX) ONE HUNDRED TWENTY-SEVEN MILLION FOUR HUNDRED SIXTEEN THOUSAND
DOLLARS EACH STATE FISCAL YEAR FOR THE PERIOD APRIL FIRST, TWO THOUSAND
TWENTY-THREE THROUGH MARCH THIRTY-FIRST, TWO THOUSAND TWENTY-SIX.
(o) Funds shall be reserved and accumulated and shall be transferred
to the Roswell Park Cancer Institute Corporation, from the tobacco
control and insurance initiatives pool established for the following
periods in the following amounts:
S. 4007--A 59 A. 3007--A
(i) up to ninety million dollars for the period January first, two
thousand through December thirty-first, two thousand;
(ii) up to sixty million dollars for the period January first, two
thousand one through December thirty-first, two thousand one;
(iii) up to eighty-five million dollars for the period January first,
two thousand two through December thirty-first, two thousand two;
(iv) eighty-five million two hundred fifty thousand dollars for the
period January first, two thousand three through December thirty-first,
two thousand three;
(v) seventy-eight million dollars for the period January first, two
thousand four through December thirty-first, two thousand four;
(vi) seventy-eight million dollars for the period January first, two
thousand five through December thirty-first, two thousand five;
(vii) ninety-one million dollars for the period January first, two
thousand six through December thirty-first, two thousand six;
(viii) seventy-eight million dollars for the period January first, two
thousand seven through December thirty-first, two thousand seven;
(ix) seventy-eight million dollars for the period January first, two
thousand eight through December thirty-first, two thousand eight;
(x) seventy-eight million dollars for the period January first, two
thousand nine through December thirty-first, two thousand nine;
(xi) seventy-eight million dollars for the period January first, two
thousand ten through December thirty-first, two thousand ten;
(xii) nineteen million five hundred thousand dollars for the period
January first, two thousand eleven through March thirty-first, two thou-
sand eleven;
(xiii) sixty-nine million eight hundred forty thousand dollars each
state fiscal year for the period April first, two thousand eleven
through March thirty-first, two thousand fourteen;
(xiv) up to ninety-six million six hundred thousand dollars each state
fiscal year for the period April first, two thousand fourteen through
March thirty-first, two thousand seventeen;
(xv) up to ninety-six million six hundred thousand dollars each state
fiscal year for the period April first, two thousand seventeen through
March thirty-first, two thousand twenty; [and]
(xvi) up to ninety-six million six hundred thousand dollars each state
fiscal year for the period April first, two thousand twenty through
March thirty-first, two thousand twenty-three; AND
(XVII) UP TO NINETY-SIX MILLION SIX HUNDRED THOUSAND DOLLARS EACH
STATE FISCAL YEAR FOR THE PERIOD APRIL FIRST, TWO THOUSAND TWENTY-THREE
THROUGH MARCH THIRTY-FIRST, TWO THOUSAND TWENTY-SIX.
(p) Funds shall be deposited by the commissioner, within amounts
appropriated, and the state comptroller is hereby authorized and
directed to receive for deposit to the credit of the state special
revenue funds - other, indigent care fund - 068, indigent care account,
or any successor fund or account, for purposes of providing a medicaid
disproportionate share payment from the high need indigent care adjust-
ment pool established pursuant to section twenty-eight hundred seven-w
of this article, from the tobacco control and insurance initiatives pool
established for the following periods in the following amounts:
(i) eighty-two million dollars annually for the periods January first,
two thousand through December thirty-first, two thousand two;
(ii) up to eighty-two million dollars for the period January first,
two thousand three through December thirty-first, two thousand three;
(iii) up to eighty-two million dollars for the period January first,
two thousand four through December thirty-first, two thousand four;
S. 4007--A 60 A. 3007--A
(iv) up to eighty-two million dollars for the period January first,
two thousand five through December thirty-first, two thousand five;
(v) up to eighty-two million dollars for the period January first, two
thousand six through December thirty-first, two thousand six;
(vi) up to eighty-two million dollars for the period January first,
two thousand seven through December thirty-first, two thousand seven;
(vii) up to eighty-two million dollars for the period January first,
two thousand eight through December thirty-first, two thousand eight;
(viii) up to eighty-two million dollars for the period January first,
two thousand nine through December thirty-first, two thousand nine;
(ix) up to eighty-two million dollars for the period January first,
two thousand ten through December thirty-first, two thousand ten;
(x) up to twenty million five hundred thousand dollars for the period
January first, two thousand eleven through March thirty-first, two thou-
sand eleven; and
(xi) up to eighty-two million dollars each state fiscal year for the
period April first, two thousand eleven through March thirty-first, two
thousand fourteen.
(q) Funds shall be reserved and accumulated from year to year and
shall be available, including income from invested funds, for purposes
of providing distributions to eligible school based health centers
established pursuant to section eighty-eight of chapter one of the laws
of nineteen hundred ninety-nine, from the tobacco control and insurance
initiatives pool established for the following periods in the following
amounts:
(i) seven million dollars annually for the period January first, two
thousand through December thirty-first, two thousand two;
(ii) up to seven million dollars for the period January first, two
thousand three through December thirty-first, two thousand three;
(iii) up to seven million dollars for the period January first, two
thousand four through December thirty-first, two thousand four;
(iv) up to seven million dollars for the period January first, two
thousand five through December thirty-first, two thousand five;
(v) up to seven million dollars for the period January first, two
thousand six through December thirty-first, two thousand six;
(vi) up to seven million dollars for the period January first, two
thousand seven through December thirty-first, two thousand seven;
(vii) up to seven million dollars for the period January first, two
thousand eight through December thirty-first, two thousand eight;
(viii) up to seven million dollars for the period January first, two
thousand nine through December thirty-first, two thousand nine;
(ix) up to seven million dollars for the period January first, two
thousand ten through December thirty-first, two thousand ten;
(x) up to one million seven hundred fifty thousand dollars for the
period January first, two thousand eleven through March thirty-first,
two thousand eleven;
(xi) up to five million six hundred thousand dollars each state fiscal
year for the period April first, two thousand eleven through March thir-
ty-first, two thousand fourteen;
(xii) up to five million two hundred eighty-eight thousand dollars
each state fiscal year for the period April first, two thousand fourteen
through March thirty-first, two thousand seventeen;
(xiii) up to five million two hundred eighty-eight thousand dollars
each state fiscal year for the period April first, two thousand seven-
teen through March thirty-first, two thousand twenty; [and]
S. 4007--A 61 A. 3007--A
(xiv) up to five million two hundred eighty-eight thousand dollars
each state fiscal year for the period April first, two thousand twenty
through March thirty-first, two thousand twenty-three; AND
(XV) UP TO FIVE MILLION TWO HUNDRED EIGHTY-EIGHT THOUSAND DOLLARS EACH
STATE FISCAL YEAR FOR THE PERIOD APRIL FIRST, TWO THOUSAND TWENTY-THREE
THROUGH MARCH THIRTY-FIRST, TWO THOUSAND TWENTY-SIX.
(r) Funds shall be deposited by the commissioner within amounts appro-
priated, and the state comptroller is hereby authorized and directed to
receive for deposit to the credit of the state special revenue funds -
other, HCRA transfer fund, medical assistance account, or any successor
fund or account, for purposes of providing distributions for supplemen-
tary medical insurance for Medicare part B premiums, physicians
services, outpatient services, medical equipment, supplies and other
health services, from the tobacco control and insurance initiatives pool
established for the following periods in the following amounts:
(i) forty-three million dollars for the period January first, two
thousand through December thirty-first, two thousand;
(ii) sixty-one million dollars for the period January first, two thou-
sand one through December thirty-first, two thousand one;
(iii) sixty-five million dollars for the period January first, two
thousand two through December thirty-first, two thousand two;
(iv) sixty-seven million five hundred thousand dollars for the period
January first, two thousand three through December thirty-first, two
thousand three;
(v) sixty-eight million dollars for the period January first, two
thousand four through December thirty-first, two thousand four;
(vi) sixty-eight million dollars for the period January first, two
thousand five through December thirty-first, two thousand five;
(vii) sixty-eight million dollars for the period January first, two
thousand six through December thirty-first, two thousand six;
(viii) seventeen million five hundred thousand dollars for the period
January first, two thousand seven through December thirty-first, two
thousand seven;
(ix) sixty-eight million dollars for the period January first, two
thousand eight through December thirty-first, two thousand eight;
(x) sixty-eight million dollars for the period January first, two
thousand nine through December thirty-first, two thousand nine;
(xi) sixty-eight million dollars for the period January first, two
thousand ten through December thirty-first, two thousand ten;
(xii) seventeen million dollars for the period January first, two
thousand eleven through March thirty-first, two thousand eleven; and
(xiii) sixty-eight million dollars each state fiscal year for the
period April first, two thousand eleven through March thirty-first, two
thousand fourteen.
(s) Funds shall be deposited by the commissioner within amounts appro-
priated, and the state comptroller is hereby authorized and directed to
receive for deposit to the credit of the state special revenue funds -
other, HCRA transfer fund, medical assistance account, or any successor
fund or account, for purposes of providing distributions pursuant to
paragraphs (s-5), (s-6), (s-7) and (s-8) of subdivision eleven of
section twenty-eight hundred seven-c of this article from the tobacco
control and insurance initiatives pool established for the following
periods in the following amounts:
(i) eighteen million dollars for the period January first, two thou-
sand through December thirty-first, two thousand;
S. 4007--A 62 A. 3007--A
(ii) twenty-four million dollars annually for the periods January
first, two thousand one through December thirty-first, two thousand two;
(iii) up to twenty-four million dollars for the period January first,
two thousand three through December thirty-first, two thousand three;
(iv) up to twenty-four million dollars for the period January first,
two thousand four through December thirty-first, two thousand four;
(v) up to twenty-four million dollars for the period January first,
two thousand five through December thirty-first, two thousand five;
(vi) up to twenty-four million dollars for the period January first,
two thousand six through December thirty-first, two thousand six;
(vii) up to twenty-four million dollars for the period January first,
two thousand seven through December thirty-first, two thousand seven;
(viii) up to twenty-four million dollars for the period January first,
two thousand eight through December thirty-first, two thousand eight;
and
(ix) up to twenty-two million dollars for the period January first,
two thousand nine through November thirtieth, two thousand nine.
(t) Funds shall be reserved and accumulated from year to year by the
commissioner and shall be made available, including income from invested
funds:
(i) For the purpose of making grants to a state owned and operated
medical school which does not have a state owned and operated hospital
on site and available for teaching purposes. Notwithstanding sections
one hundred twelve and one hundred sixty-three of the state finance law,
such grants shall be made in the amount of up to five hundred thousand
dollars for the period January first, two thousand through December
thirty-first, two thousand;
(ii) For the purpose of making grants to medical schools pursuant to
section eighty-six-a of chapter one of the laws of nineteen hundred
ninety-nine in the sum of up to four million dollars for the period
January first, two thousand through December thirty-first, two thousand;
and
(iii) The funds disbursed pursuant to subparagraphs (i) and (ii) of
this paragraph from the tobacco control and insurance initiatives pool
are contingent upon meeting all funding amounts established pursuant to
paragraphs (a), (b), (c), (d), (e), (f), (l), (m), (n), (p), (q), (r)
and (s) of this subdivision, paragraph (a) of subdivision nine of
section twenty-eight hundred seven-j of this article, and paragraphs
(a), (i) and (k) of subdivision one of section twenty-eight hundred
seven-l of this article.
(u) Funds shall be deposited by the commissioner, within amounts
appropriated, and the state comptroller is hereby authorized and
directed to receive for deposit to the credit of the state special
revenue funds - other, HCRA transfer fund, medical assistance account,
or any successor fund or account, for purposes of funding the state
share of services and expenses related to the nursing home quality
improvement demonstration program established pursuant to section twen-
ty-eight hundred eight-d of this article from the tobacco control and
insurance initiatives pool established for the following periods in the
following amounts:
(i) up to twenty-five million dollars for the period beginning April
first, two thousand two and ending December thirty-first, two thousand
two, and on an annualized basis, for each annual period thereafter
beginning January first, two thousand three and ending December thirty-
first, two thousand four;
S. 4007--A 63 A. 3007--A
(ii) up to eighteen million seven hundred fifty thousand dollars for
the period January first, two thousand five through December thirty-
first, two thousand five; and
(iii) up to fifty-six million five hundred thousand dollars for the
period January first, two thousand six through December thirty-first,
two thousand six.
(v) Funds shall be transferred by the commissioner and shall be depos-
ited to the credit of the hospital excess liability pool created pursu-
ant to section eighteen of chapter two hundred sixty-six of the laws of
nineteen hundred eighty-six, or any successor fund or account, for
purposes of expenses related to the purchase of excess medical malprac-
tice insurance and the cost of administrating the pool, including costs
associated with the risk management program established pursuant to
section forty-two of part A of chapter one of the laws of two thousand
two required by paragraph (a) of subdivision one of section eighteen of
chapter two hundred sixty-six of the laws of nineteen hundred eighty-six
as may be amended from time to time, from the tobacco control and insur-
ance initiatives pool established for the following periods in the
following amounts:
(i) up to fifty million dollars or so much as is needed for the period
January first, two thousand two through December thirty-first, two thou-
sand two;
(ii) up to seventy-six million seven hundred thousand dollars for the
period January first, two thousand three through December thirty-first,
two thousand three;
(iii) up to sixty-five million dollars for the period January first,
two thousand four through December thirty-first, two thousand four;
(iv) up to sixty-five million dollars for the period January first,
two thousand five through December thirty-first, two thousand five;
(v) up to one hundred thirteen million eight hundred thousand dollars
for the period January first, two thousand six through December thirty-
first, two thousand six;
(vi) up to one hundred thirty million dollars for the period January
first, two thousand seven through December thirty-first, two thousand
seven;
(vii) up to one hundred thirty million dollars for the period January
first, two thousand eight through December thirty-first, two thousand
eight;
(viii) up to one hundred thirty million dollars for the period January
first, two thousand nine through December thirty-first, two thousand
nine;
(ix) up to one hundred thirty million dollars for the period January
first, two thousand ten through December thirty-first, two thousand ten;
(x) up to thirty-two million five hundred thousand dollars for the
period January first, two thousand eleven through March thirty-first,
two thousand eleven;
(xi) up to one hundred twenty-seven million four hundred thousand
dollars each state fiscal year for the period April first, two thousand
eleven through March thirty-first, two thousand fourteen;
(xii) up to one hundred twenty-seven million four hundred thousand
dollars each state fiscal year for the period April first, two thousand
fourteen through March thirty-first, two thousand seventeen;
(xiii) up to one hundred twenty-seven million four hundred thousand
dollars each state fiscal year for the period April first, two thousand
seventeen through March thirty-first, two thousand twenty; [and]
S. 4007--A 64 A. 3007--A
(xiv) up to one hundred twenty-seven million four hundred thousand
dollars each state fiscal year for the period April first, two thousand
twenty through March thirty-first, two thousand twenty-three; AND
(XV) UP TO ONE HUNDRED TWENTY-SEVEN MILLION FOUR HUNDRED THOUSAND
DOLLARS EACH STATE FISCAL YEAR FOR THE PERIOD APRIL FIRST, TWO THOUSAND
TWENTY-THREE THROUGH MARCH THIRTY-FIRST, TWO THOUSAND TWENTY-SIX.
(w) Funds shall be deposited by the commissioner, within amounts
appropriated, and the state comptroller is hereby authorized and
directed to receive for deposit to the credit of the state special
revenue funds - other, HCRA transfer fund, medical assistance account,
or any successor fund or account, for purposes of funding the state
share of the treatment of breast and cervical cancer pursuant to para-
graph (d) of subdivision four of section three hundred sixty-six of the
social services law, from the tobacco control and insurance initiatives
pool established for the following periods in the following amounts:
(i) up to four hundred fifty thousand dollars for the period January
first, two thousand two through December thirty-first, two thousand two;
(ii) up to two million one hundred thousand dollars for the period
January first, two thousand three through December thirty-first, two
thousand three;
(iii) up to two million one hundred thousand dollars for the period
January first, two thousand four through December thirty-first, two
thousand four;
(iv) up to two million one hundred thousand dollars for the period
January first, two thousand five through December thirty-first, two
thousand five;
(v) up to two million one hundred thousand dollars for the period
January first, two thousand six through December thirty-first, two thou-
sand six;
(vi) up to two million one hundred thousand dollars for the period
January first, two thousand seven through December thirty-first, two
thousand seven;
(vii) up to two million one hundred thousand dollars for the period
January first, two thousand eight through December thirty-first, two
thousand eight;
(viii) up to two million one hundred thousand dollars for the period
January first, two thousand nine through December thirty-first, two
thousand nine;
(ix) up to two million one hundred thousand dollars for the period
January first, two thousand ten through December thirty-first, two thou-
sand ten;
(x) up to five hundred twenty-five thousand dollars for the period
January first, two thousand eleven through March thirty-first, two thou-
sand eleven;
(xi) up to two million one hundred thousand dollars each state fiscal
year for the period April first, two thousand eleven through March thir-
ty-first, two thousand fourteen;
(xii) up to two million one hundred thousand dollars each state fiscal
year for the period April first, two thousand fourteen through March
thirty-first, two thousand seventeen;
(xiii) up to two million one hundred thousand dollars each state
fiscal year for the period April first, two thousand seventeen through
March thirty-first, two thousand twenty; [and]
(xiv) up to two million one hundred thousand dollars each state fiscal
year for the period April first, two thousand twenty through March thir-
ty-first, two thousand twenty-three; AND
S. 4007--A 65 A. 3007--A
(XV) UP TO TWO MILLION ONE HUNDRED THOUSAND DOLLARS EACH STATE FISCAL
YEAR FOR THE PERIOD APRIL FIRST, TWO THOUSAND TWENTY-THREE THROUGH MARCH
THIRTY-FIRST, TWO THOUSAND TWENTY-SIX.
(x) Funds shall be deposited by the commissioner, within amounts
appropriated, and the state comptroller is hereby authorized and
directed to receive for deposit to the credit of the state special
revenue funds - other, HCRA transfer fund, medical assistance account,
or any successor fund or account, for purposes of funding the state
share of the non-public general hospital rates increases for recruitment
and retention of health care workers from the tobacco control and insur-
ance initiatives pool established for the following periods in the
following amounts:
(i) twenty-seven million one hundred thousand dollars on an annualized
basis for the period January first, two thousand two through December
thirty-first, two thousand two;
(ii) fifty million eight hundred thousand dollars on an annualized
basis for the period January first, two thousand three through December
thirty-first, two thousand three;
(iii) sixty-nine million three hundred thousand dollars on an annual-
ized basis for the period January first, two thousand four through
December thirty-first, two thousand four;
(iv) sixty-nine million three hundred thousand dollars for the period
January first, two thousand five through December thirty-first, two
thousand five;
(v) sixty-nine million three hundred thousand dollars for the period
January first, two thousand six through December thirty-first, two thou-
sand six;
(vi) sixty-five million three hundred thousand dollars for the period
January first, two thousand seven through December thirty-first, two
thousand seven;
(vii) sixty-one million one hundred fifty thousand dollars for the
period January first, two thousand eight through December thirty-first,
two thousand eight; and
(viii) forty-eight million seven hundred twenty-one thousand dollars
for the period January first, two thousand nine through November thirti-
eth, two thousand nine.
(y) Funds shall be reserved and accumulated from year to year and
shall be available, including income from invested funds, for purposes
of grants to public general hospitals for recruitment and retention of
health care workers pursuant to paragraph (b) of subdivision thirty of
section twenty-eight hundred seven-c of this article from the tobacco
control and insurance initiatives pool established for the following
periods in the following amounts:
(i) eighteen million five hundred thousand dollars on an annualized
basis for the period January first, two thousand two through December
thirty-first, two thousand two;
(ii) thirty-seven million four hundred thousand dollars on an annual-
ized basis for the period January first, two thousand three through
December thirty-first, two thousand three;
(iii) fifty-two million two hundred thousand dollars on an annualized
basis for the period January first, two thousand four through December
thirty-first, two thousand four;
(iv) fifty-two million two hundred thousand dollars for the period
January first, two thousand five through December thirty-first, two
thousand five;
S. 4007--A 66 A. 3007--A
(v) fifty-two million two hundred thousand dollars for the period
January first, two thousand six through December thirty-first, two thou-
sand six;
(vi) forty-nine million dollars for the period January first, two
thousand seven through December thirty-first, two thousand seven;
(vii) forty-nine million dollars for the period January first, two
thousand eight through December thirty-first, two thousand eight; and
(viii) twelve million two hundred fifty thousand dollars for the peri-
od January first, two thousand nine through March thirty-first, two
thousand nine.
Provided, however, amounts pursuant to this paragraph may be reduced
in an amount to be approved by the director of the budget to reflect
amounts received from the federal government under the state's 1115
waiver which are directed under its terms and conditions to the health
workforce recruitment and retention program.
(z) Funds shall be deposited by the commissioner, within amounts
appropriated, and the state comptroller is hereby authorized and
directed to receive for deposit to the credit of the state special
revenue funds - other, HCRA transfer fund, medical assistance account,
or any successor fund or account, for purposes of funding the state
share of the non-public residential health care facility rate increases
for recruitment and retention of health care workers pursuant to para-
graph (a) of subdivision eighteen of section twenty-eight hundred eight
of this article from the tobacco control and insurance initiatives pool
established for the following periods in the following amounts:
(i) twenty-one million five hundred thousand dollars on an annualized
basis for the period January first, two thousand two through December
thirty-first, two thousand two;
(ii) thirty-three million three hundred thousand dollars on an annual-
ized basis for the period January first, two thousand three through
December thirty-first, two thousand three;
(iii) forty-six million three hundred thousand dollars on an annual-
ized basis for the period January first, two thousand four through
December thirty-first, two thousand four;
(iv) forty-six million three hundred thousand dollars for the period
January first, two thousand five through December thirty-first, two
thousand five;
(v) forty-six million three hundred thousand dollars for the period
January first, two thousand six through December thirty-first, two thou-
sand six;
(vi) thirty million nine hundred thousand dollars for the period Janu-
ary first, two thousand seven through December thirty-first, two thou-
sand seven;
(vii) twenty-four million seven hundred thousand dollars for the peri-
od January first, two thousand eight through December thirty-first, two
thousand eight;
(viii) twelve million three hundred seventy-five thousand dollars for
the period January first, two thousand nine through December thirty-
first, two thousand nine;
(ix) nine million three hundred thousand dollars for the period Janu-
ary first, two thousand ten through December thirty-first, two thousand
ten; and
(x) two million three hundred twenty-five thousand dollars for the
period January first, two thousand eleven through March thirty-first,
two thousand eleven.
S. 4007--A 67 A. 3007--A
(aa) Funds shall be reserved and accumulated from year to year and
shall be available, including income from invested funds, for purposes
of grants to public residential health care facilities for recruitment
and retention of health care workers pursuant to paragraph (b) of subdi-
vision eighteen of section twenty-eight hundred eight of this article
from the tobacco control and insurance initiatives pool established for
the following periods in the following amounts:
(i) seven million five hundred thousand dollars on an annualized basis
for the period January first, two thousand two through December thirty-
first, two thousand two;
(ii) eleven million seven hundred thousand dollars on an annualized
basis for the period January first, two thousand three through December
thirty-first, two thousand three;
(iii) sixteen million two hundred thousand dollars on an annualized
basis for the period January first, two thousand four through December
thirty-first, two thousand four;
(iv) sixteen million two hundred thousand dollars for the period Janu-
ary first, two thousand five through December thirty-first, two thousand
five;
(v) sixteen million two hundred thousand dollars for the period Janu-
ary first, two thousand six through December thirty-first, two thousand
six;
(vi) ten million eight hundred thousand dollars for the period January
first, two thousand seven through December thirty-first, two thousand
seven;
(vii) six million seven hundred fifty thousand dollars for the period
January first, two thousand eight through December thirty-first, two
thousand eight; and
(viii) one million three hundred fifty thousand dollars for the period
January first, two thousand nine through December thirty-first, two
thousand nine.
(bb)(i) Funds shall be deposited by the commissioner, within amounts
appropriated, and subject to the availability of federal financial
participation, and the state comptroller is hereby authorized and
directed to receive for deposit to the credit of the state special
revenue funds - other, HCRA transfer fund, medical assistance account,
or any successor fund or account, for the purpose of supporting the
state share of adjustments to Medicaid rates of payment for personal
care services provided pursuant to paragraph (e) of subdivision two of
section three hundred sixty-five-a of the social services law, for local
social service districts which include a city with a population of over
one million persons and computed and distributed in accordance with
memorandums of understanding to be entered into between the state of New
York and such local social service districts for the purpose of support-
ing the recruitment and retention of personal care service workers or
any worker with direct patient care responsibility, from the tobacco
control and insurance initiatives pool established for the following
periods and the following amounts:
(A) forty-four million dollars, on an annualized basis, for the period
April first, two thousand two through December thirty-first, two thou-
sand two;
(B) seventy-four million dollars, on an annualized basis, for the
period January first, two thousand three through December thirty-first,
two thousand three;
S. 4007--A 68 A. 3007--A
(C) one hundred four million dollars, on an annualized basis, for the
period January first, two thousand four through December thirty-first,
two thousand four;
(D) one hundred thirty-six million dollars, on an annualized basis,
for the period January first, two thousand five through December thir-
ty-first, two thousand five;
(E) one hundred thirty-six million dollars, on an annualized basis,
for the period January first, two thousand six through December thirty-
first, two thousand six;
(F) one hundred thirty-six million dollars for the period January
first, two thousand seven through December thirty-first, two thousand
seven;
(G) one hundred thirty-six million dollars for the period January
first, two thousand eight through December thirty-first, two thousand
eight;
(H) one hundred thirty-six million dollars for the period January
first, two thousand nine through December thirty-first, two thousand
nine;
(I) one hundred thirty-six million dollars for the period January
first, two thousand ten through December thirty-first, two thousand ten;
(J) thirty-four million dollars for the period January first, two
thousand eleven through March thirty-first, two thousand eleven;
(K) up to one hundred thirty-six million dollars each state fiscal
year for the period April first, two thousand eleven through March thir-
ty-first, two thousand fourteen;
(L) up to one hundred thirty-six million dollars each state fiscal
year for the period March thirty-first, two thousand fourteen through
April first, two thousand seventeen;
(M) up to one hundred thirty-six million dollars each state fiscal
year for the period April first, two thousand seventeen through March
thirty-first, two thousand twenty; [and]
(N) up to one hundred thirty-six million dollars each state fiscal
year for the period April first, two thousand twenty through March thir-
ty-first, two thousand twenty-three; AND
(O) UP TO ONE HUNDRED THIRTY-SIX MILLION DOLLARS EACH STATE FISCAL
YEAR FOR THE PERIOD APRIL FIRST, TWO THOUSAND TWENTY-THREE THROUGH MARCH
THIRTY-FIRST, TWO THOUSAND TWENTY-SIX.
(ii) Adjustments to Medicaid rates made pursuant to this paragraph
shall not, in aggregate, exceed the following amounts for the following
periods:
(A) for the period April first, two thousand two through December
thirty-first, two thousand two, one hundred ten million dollars;
(B) for the period January first, two thousand three through December
thirty-first, two thousand three, one hundred eighty-five million
dollars;
(C) for the period January first, two thousand four through December
thirty-first, two thousand four, two hundred sixty million dollars;
(D) for the period January first, two thousand five through December
thirty-first, two thousand five, three hundred forty million dollars;
(E) for the period January first, two thousand six through December
thirty-first, two thousand six, three hundred forty million dollars;
(F) for the period January first, two thousand seven through December
thirty-first, two thousand seven, three hundred forty million dollars;
(G) for the period January first, two thousand eight through December
thirty-first, two thousand eight, three hundred forty million dollars;
S. 4007--A 69 A. 3007--A
(H) for the period January first, two thousand nine through December
thirty-first, two thousand nine, three hundred forty million dollars;
(I) for the period January first, two thousand ten through December
thirty-first, two thousand ten, three hundred forty million dollars;
(J) for the period January first, two thousand eleven through March
thirty-first, two thousand eleven, eighty-five million dollars;
(K) for each state fiscal year within the period April first, two
thousand eleven through March thirty-first, two thousand fourteen, three
hundred forty million dollars;
(L) for each state fiscal year within the period April first, two
thousand fourteen through March thirty-first, two thousand seventeen,
three hundred forty million dollars;
(M) for each state fiscal year within the period April first, two
thousand seventeen through March thirty-first, two thousand twenty,
three hundred forty million dollars; [and]
(N) for each state fiscal year within the period April first, two
thousand twenty through March thirty-first, two thousand twenty-three,
three hundred forty million dollars; AND
(O) FOR EACH STATE FISCAL YEAR WITHIN THE PERIOD APRIL FIRST, TWO
THOUSAND TWENTY-THREE THROUGH MARCH THIRTY-FIRST, TWO THOUSAND TWENTY-
SIX, THREE HUNDRED FORTY MILLION DOLLARS.
(iii) Personal care service providers which have their rates adjusted
pursuant to this paragraph shall use such funds for the purpose of
recruitment and retention of non-supervisory personal care services
workers or any worker with direct patient care responsibility only and
are prohibited from using such funds for any other purpose. Each such
personal care services provider shall submit, at a time and in a manner
to be determined by the commissioner, a written certification attesting
that such funds will be used solely for the purpose of recruitment and
retention of non-supervisory personal care services workers or any work-
er with direct patient care responsibility. The commissioner is author-
ized to audit each such provider to ensure compliance with the written
certification required by this subdivision and shall recoup any funds
determined to have been used for purposes other than recruitment and
retention of non-supervisory personal care services workers or any work-
er with direct patient care responsibility. Such recoupment shall be in
addition to any other penalties provided by law.
(cc) Funds shall be deposited by the commissioner, within amounts
appropriated, and the state comptroller is hereby authorized and
directed to receive for deposit to the credit of the state special
revenue funds - other, HCRA transfer fund, medical assistance account,
or any successor fund or account, for the purpose of supporting the
state share of adjustments to Medicaid rates of payment for personal
care services provided pursuant to paragraph (e) of subdivision two of
section three hundred sixty-five-a of the social services law, for local
social service districts which shall not include a city with a popu-
lation of over one million persons for the purpose of supporting the
personal care services worker recruitment and retention program as
established pursuant to section three hundred sixty-seven-q of the
social services law, from the tobacco control and insurance initiatives
pool established for the following periods and the following amounts:
(i) two million eight hundred thousand dollars for the period April
first, two thousand two through December thirty-first, two thousand two;
(ii) five million six hundred thousand dollars, on an annualized
basis, for the period January first, two thousand three through December
thirty-first, two thousand three;
S. 4007--A 70 A. 3007--A
(iii) eight million four hundred thousand dollars, on an annualized
basis, for the period January first, two thousand four through December
thirty-first, two thousand four;
(iv) ten million eight hundred thousand dollars, on an annualized
basis, for the period January first, two thousand five through December
thirty-first, two thousand five;
(v) ten million eight hundred thousand dollars, on an annualized
basis, for the period January first, two thousand six through December
thirty-first, two thousand six;
(vi) eleven million two hundred thousand dollars for the period Janu-
ary first, two thousand seven through December thirty-first, two thou-
sand seven;
(vii) eleven million two hundred thousand dollars for the period Janu-
ary first, two thousand eight through December thirty-first, two thou-
sand eight;
(viii) eleven million two hundred thousand dollars for the period
January first, two thousand nine through December thirty-first, two
thousand nine;
(ix) eleven million two hundred thousand dollars for the period Janu-
ary first, two thousand ten through December thirty-first, two thousand
ten;
(x) two million eight hundred thousand dollars for the period January
first, two thousand eleven through March thirty-first, two thousand
eleven;
(xi) up to eleven million two hundred thousand dollars each state
fiscal year for the period April first, two thousand eleven through
March thirty-first, two thousand fourteen;
(xii) up to eleven million two hundred thousand dollars each state
fiscal year for the period April first, two thousand fourteen through
March thirty-first, two thousand seventeen;
(xiii) up to eleven million two hundred thousand dollars each state
fiscal year for the period April first, two thousand seventeen through
March thirty-first, two thousand twenty; [and]
(xiv) up to eleven million two hundred thousand dollars each state
fiscal year for the period April first, two thousand twenty through
March thirty-first, two thousand twenty-three; AND
(XV) UP TO ELEVEN MILLION TWO HUNDRED THOUSAND DOLLARS EACH STATE
FISCAL YEAR FOR THE PERIOD APRIL FIRST, TWO THOUSAND TWENTY-THREE
THROUGH MARCH THIRTY-FIRST, TWO THOUSAND TWENTY-SIX.
(dd) Funds shall be deposited by the commissioner, within amounts
appropriated, and the state comptroller is hereby authorized and
directed to receive for deposit to the credit of the state special
revenue fund - other, HCRA transfer fund, medical assistance account, or
any successor fund or account, for purposes of funding the state share
of Medicaid expenditures for physician services from the tobacco control
and insurance initiatives pool established for the following periods in
the following amounts:
(i) up to fifty-two million dollars for the period January first, two
thousand two through December thirty-first, two thousand two;
(ii) eighty-one million two hundred thousand dollars for the period
January first, two thousand three through December thirty-first, two
thousand three;
(iii) eighty-five million two hundred thousand dollars for the period
January first, two thousand four through December thirty-first, two
thousand four;
S. 4007--A 71 A. 3007--A
(iv) eighty-five million two hundred thousand dollars for the period
January first, two thousand five through December thirty-first, two
thousand five;
(v) eighty-five million two hundred thousand dollars for the period
January first, two thousand six through December thirty-first, two thou-
sand six;
(vi) eighty-five million two hundred thousand dollars for the period
January first, two thousand seven through December thirty-first, two
thousand seven;
(vii) eighty-five million two hundred thousand dollars for the period
January first, two thousand eight through December thirty-first, two
thousand eight;
(viii) eighty-five million two hundred thousand dollars for the period
January first, two thousand nine through December thirty-first, two
thousand nine;
(ix) eighty-five million two hundred thousand dollars for the period
January first, two thousand ten through December thirty-first, two thou-
sand ten;
(x) twenty-one million three hundred thousand dollars for the period
January first, two thousand eleven through March thirty-first, two thou-
sand eleven; and
(xi) eighty-five million two hundred thousand dollars each state
fiscal year for the period April first, two thousand eleven through
March thirty-first, two thousand fourteen.
(ee) Funds shall be deposited by the commissioner, within amounts
appropriated, and the state comptroller is hereby authorized and
directed to receive for deposit to the credit of the state special
revenue fund - other, HCRA transfer fund, medical assistance account, or
any successor fund or account, for purposes of funding the state share
of the free-standing diagnostic and treatment center rate increases for
recruitment and retention of health care workers pursuant to subdivision
seventeen of section twenty-eight hundred seven of this article from the
tobacco control and insurance initiatives pool established for the
following periods in the following amounts:
(i) three million two hundred fifty thousand dollars for the period
April first, two thousand two through December thirty-first, two thou-
sand two;
(ii) three million two hundred fifty thousand dollars on an annualized
basis for the period January first, two thousand three through December
thirty-first, two thousand three;
(iii) three million two hundred fifty thousand dollars on an annual-
ized basis for the period January first, two thousand four through
December thirty-first, two thousand four;
(iv) three million two hundred fifty thousand dollars for the period
January first, two thousand five through December thirty-first, two
thousand five;
(v) three million two hundred fifty thousand dollars for the period
January first, two thousand six through December thirty-first, two thou-
sand six;
(vi) three million two hundred fifty thousand dollars for the period
January first, two thousand seven through December thirty-first, two
thousand seven;
(vii) three million four hundred thirty-eight thousand dollars for the
period January first, two thousand eight through December thirty-first,
two thousand eight;
S. 4007--A 72 A. 3007--A
(viii) two million four hundred fifty thousand dollars for the period
January first, two thousand nine through December thirty-first, two
thousand nine;
(ix) one million five hundred thousand dollars for the period January
first, two thousand ten through December thirty-first, two thousand ten;
and
(x) three hundred twenty-five thousand dollars for the period January
first, two thousand eleven through March thirty-first, two thousand
eleven.
(ff) Funds shall be deposited by the commissioner, within amounts
appropriated, and the state comptroller is hereby authorized and
directed to receive for deposit to the credit of the state special
revenue fund - other, HCRA transfer fund, medical assistance account, or
any successor fund or account, for purposes of funding the state share
of Medicaid expenditures for disabled persons as authorized pursuant to
former subparagraphs twelve and thirteen of paragraph (a) of subdivision
one of section three hundred sixty-six of the social services law from
the tobacco control and insurance initiatives pool established for the
following periods in the following amounts:
(i) one million eight hundred thousand dollars for the period April
first, two thousand two through December thirty-first, two thousand two;
(ii) sixteen million four hundred thousand dollars on an annualized
basis for the period January first, two thousand three through December
thirty-first, two thousand three;
(iii) eighteen million seven hundred thousand dollars on an annualized
basis for the period January first, two thousand four through December
thirty-first, two thousand four;
(iv) thirty million six hundred thousand dollars for the period Janu-
ary first, two thousand five through December thirty-first, two thousand
five;
(v) thirty million six hundred thousand dollars for the period January
first, two thousand six through December thirty-first, two thousand six;
(vi) thirty million six hundred thousand dollars for the period Janu-
ary first, two thousand seven through December thirty-first, two thou-
sand seven;
(vii) fifteen million dollars for the period January first, two thou-
sand eight through December thirty-first, two thousand eight;
(viii) fifteen million dollars for the period January first, two thou-
sand nine through December thirty-first, two thousand nine;
(ix) fifteen million dollars for the period January first, two thou-
sand ten through December thirty-first, two thousand ten;
(x) three million seven hundred fifty thousand dollars for the period
January first, two thousand eleven through March thirty-first, two thou-
sand eleven;
(xi) fifteen million dollars each state fiscal year for the period
April first, two thousand eleven through March thirty-first, two thou-
sand fourteen;
(xii) fifteen million dollars each state fiscal year for the period
April first, two thousand fourteen through March thirty-first, two thou-
sand seventeen;
(xiii) fifteen million dollars each state fiscal year for the period
April first, two thousand seventeen through March thirty-first, two
thousand twenty; [and]
(xiv) fifteen million dollars each state fiscal year for the period
April first, two thousand twenty through March thirty-first, two thou-
sand twenty-three; AND
S. 4007--A 73 A. 3007--A
(XV) FIFTEEN MILLION DOLLARS EACH STATE FISCAL YEAR FOR THE PERIOD
APRIL FIRST, TWO THOUSAND TWENTY-THREE THROUGH MARCH THIRTY-FIRST, TWO
THOUSAND TWENTY-SIX.
(gg) Funds shall be reserved and accumulated from year to year and
shall be available, including income from invested funds, for purposes
of grants to non-public general hospitals pursuant to paragraph (c) of
subdivision thirty of section twenty-eight hundred seven-c of this arti-
cle from the tobacco control and insurance initiatives pool established
for the following periods in the following amounts:
(i) up to one million three hundred thousand dollars on an annualized
basis for the period January first, two thousand two through December
thirty-first, two thousand two;
(ii) up to three million two hundred thousand dollars on an annualized
basis for the period January first, two thousand three through December
thirty-first, two thousand three;
(iii) up to five million six hundred thousand dollars on an annualized
basis for the period January first, two thousand four through December
thirty-first, two thousand four;
(iv) up to eight million six hundred thousand dollars for the period
January first, two thousand five through December thirty-first, two
thousand five;
(v) up to eight million six hundred thousand dollars on an annualized
basis for the period January first, two thousand six through December
thirty-first, two thousand six;
(vi) up to two million six hundred thousand dollars for the period
January first, two thousand seven through December thirty-first, two
thousand seven;
(vii) up to two million six hundred thousand dollars for the period
January first, two thousand eight through December thirty-first, two
thousand eight;
(viii) up to two million six hundred thousand dollars for the period
January first, two thousand nine through December thirty-first, two
thousand nine;
(ix) up to two million six hundred thousand dollars for the period
January first, two thousand ten through December thirty-first, two thou-
sand ten; and
(x) up to six hundred fifty thousand dollars for the period January
first, two thousand eleven through March thirty-first, two thousand
eleven.
(hh) Funds shall be deposited by the commissioner, within amounts
appropriated, and the state comptroller is hereby authorized and
directed to receive for deposit to the credit of the special revenue
fund - other, HCRA transfer fund, medical assistance account for
purposes of providing financial assistance to residential health care
facilities pursuant to subdivisions nineteen and twenty-one of section
twenty-eight hundred eight of this article, from the tobacco control and
insurance initiatives pool established for the following periods in the
following amounts:
(i) for the period April first, two thousand two through December
thirty-first, two thousand two, ten million dollars;
(ii) for the period January first, two thousand three through December
thirty-first, two thousand three, nine million four hundred fifty thou-
sand dollars;
(iii) for the period January first, two thousand four through December
thirty-first, two thousand four, nine million three hundred fifty thou-
sand dollars;
S. 4007--A 74 A. 3007--A
(iv) up to fifteen million dollars for the period January first, two
thousand five through December thirty-first, two thousand five;
(v) up to fifteen million dollars for the period January first, two
thousand six through December thirty-first, two thousand six;
(vi) up to fifteen million dollars for the period January first, two
thousand seven through December thirty-first, two thousand seven;
(vii) up to fifteen million dollars for the period January first, two
thousand eight through December thirty-first, two thousand eight;
(viii) up to fifteen million dollars for the period January first, two
thousand nine through December thirty-first, two thousand nine;
(ix) up to fifteen million dollars for the period January first, two
thousand ten through December thirty-first, two thousand ten;
(x) up to three million seven hundred fifty thousand dollars for the
period January first, two thousand eleven through March thirty-first,
two thousand eleven; and
(xi) fifteen million dollars each state fiscal year for the period
April first, two thousand eleven through March thirty-first, two thou-
sand fourteen.
(ii) Funds shall be deposited by the commissioner, within amounts
appropriated, and the state comptroller is hereby authorized and
directed to receive for deposit to the credit of the state special
revenue funds - other, HCRA transfer fund, medical assistance account,
or any successor fund or account, for the purpose of supporting the
state share of Medicaid expenditures for disabled persons as authorized
by sections 1619 (a) and (b) of the federal social security act pursuant
to the tobacco control and insurance initiatives pool established for
the following periods in the following amounts:
(i) six million four hundred thousand dollars for the period April
first, two thousand two through December thirty-first, two thousand two;
(ii) eight million five hundred thousand dollars, for the period Janu-
ary first, two thousand three through December thirty-first, two thou-
sand three;
(iii) eight million five hundred thousand dollars for the period Janu-
ary first, two thousand four through December thirty-first, two thousand
four;
(iv) eight million five hundred thousand dollars for the period Janu-
ary first, two thousand five through December thirty-first, two thousand
five;
(v) eight million five hundred thousand dollars for the period January
first, two thousand six through December thirty-first, two thousand six;
(vi) eight million six hundred thousand dollars for the period January
first, two thousand seven through December thirty-first, two thousand
seven;
(vii) eight million five hundred thousand dollars for the period Janu-
ary first, two thousand eight through December thirty-first, two thou-
sand eight;
(viii) eight million five hundred thousand dollars for the period
January first, two thousand nine through December thirty-first, two
thousand nine;
(ix) eight million five hundred thousand dollars for the period Janu-
ary first, two thousand ten through December thirty-first, two thousand
ten;
(x) two million one hundred twenty-five thousand dollars for the peri-
od January first, two thousand eleven through March thirty-first, two
thousand eleven;
S. 4007--A 75 A. 3007--A
(xi) eight million five hundred thousand dollars each state fiscal
year for the period April first, two thousand eleven through March thir-
ty-first, two thousand fourteen;
(xii) eight million five hundred thousand dollars each state fiscal
year for the period April first, two thousand fourteen through March
thirty-first, two thousand seventeen;
(xiii) eight million five hundred thousand dollars each state fiscal
year for the period April first, two thousand seventeen through March
thirty-first, two thousand twenty; [and]
(xiv) eight million five hundred thousand dollars each state fiscal
year for the period April first, two thousand twenty through March thir-
ty-first, two thousand twenty-three; AND
(XV) EIGHT MILLION FIVE HUNDRED THOUSAND DOLLARS EACH STATE FISCAL
YEAR FOR THE PERIOD APRIL FIRST, TWO THOUSAND TWENTY-THREE THROUGH MARCH
THIRTY-FIRST, TWO THOUSAND TWENTY-SIX.
(jj) Funds shall be reserved and accumulated from year to year and
shall be available, including income from invested funds, for the
purposes of a grant program to improve access to infertility services,
treatments and procedures, from the tobacco control and insurance initi-
atives pool established for the period January first, two thousand two
through December thirty-first, two thousand two in the amount of nine
million one hundred seventy-five thousand dollars, for the period April
first, two thousand six through March thirty-first, two thousand seven
in the amount of five million dollars, for the period April first, two
thousand seven through March thirty-first, two thousand eight in the
amount of five million dollars, for the period April first, two thousand
eight through March thirty-first, two thousand nine in the amount of
five million dollars, and for the period April first, two thousand nine
through March thirty-first, two thousand ten in the amount of five
million dollars, for the period April first, two thousand ten through
March thirty-first, two thousand eleven in the amount of two million two
hundred thousand dollars, and for the period April first, two thousand
eleven through March thirty-first, two thousand twelve up to one million
one hundred thousand dollars.
(kk) Funds shall be deposited by the commissioner, within amounts
appropriated, and the state comptroller is hereby authorized and
directed to receive for deposit to the credit of the state special
revenue funds -- other, HCRA transfer fund, medical assistance account,
or any successor fund or account, for purposes of funding the state
share of Medical Assistance Program expenditures from the tobacco
control and insurance initiatives pool established for the following
periods in the following amounts:
(i) thirty-eight million eight hundred thousand dollars for the period
January first, two thousand two through December thirty-first, two thou-
sand two;
(ii) up to two hundred ninety-five million dollars for the period
January first, two thousand three through December thirty-first, two
thousand three;
(iii) up to four hundred seventy-two million dollars for the period
January first, two thousand four through December thirty-first, two
thousand four;
(iv) up to nine hundred million dollars for the period January first,
two thousand five through December thirty-first, two thousand five;
(v) up to eight hundred sixty-six million three hundred thousand
dollars for the period January first, two thousand six through December
thirty-first, two thousand six;
S. 4007--A 76 A. 3007--A
(vi) up to six hundred sixteen million seven hundred thousand dollars
for the period January first, two thousand seven through December thir-
ty-first, two thousand seven;
(vii) up to five hundred seventy-eight million nine hundred twenty-
five thousand dollars for the period January first, two thousand eight
through December thirty-first, two thousand eight; and
(viii) within amounts appropriated on and after January first, two
thousand nine.
(ll) Funds shall be deposited by the commissioner, within amounts
appropriated, and the state comptroller is hereby authorized and
directed to receive for deposit to the credit of the state special
revenue funds -- other, HCRA transfer fund, medical assistance account,
or any successor fund or account, for purposes of funding the state
share of Medicaid expenditures related to the city of New York from the
tobacco control and insurance initiatives pool established for the
following periods in the following amounts:
(i) eighty-two million seven hundred thousand dollars for the period
January first, two thousand two through December thirty-first, two thou-
sand two;
(ii) one hundred twenty-four million six hundred thousand dollars for
the period January first, two thousand three through December thirty-
first, two thousand three;
(iii) one hundred twenty-four million seven hundred thousand dollars
for the period January first, two thousand four through December thir-
ty-first, two thousand four;
(iv) one hundred twenty-four million seven hundred thousand dollars
for the period January first, two thousand five through December thir-
ty-first, two thousand five;
(v) one hundred twenty-four million seven hundred thousand dollars for
the period January first, two thousand six through December thirty-
first, two thousand six;
(vi) one hundred twenty-four million seven hundred thousand dollars
for the period January first, two thousand seven through December thir-
ty-first, two thousand seven;
(vii) one hundred twenty-four million seven hundred thousand dollars
for the period January first, two thousand eight through December thir-
ty-first, two thousand eight;
(viii) one hundred twenty-four million seven hundred thousand dollars
for the period January first, two thousand nine through December thir-
ty-first, two thousand nine;
(ix) one hundred twenty-four million seven hundred thousand dollars
for the period January first, two thousand ten through December thirty-
first, two thousand ten;
(x) thirty-one million one hundred seventy-five thousand dollars for
the period January first, two thousand eleven through March thirty-
first, two thousand eleven; and
(xi) one hundred twenty-four million seven hundred thousand dollars
each state fiscal year for the period April first, two thousand eleven
through March thirty-first, two thousand fourteen.
(mm) Funds shall be deposited by the commissioner, within amounts
appropriated, and the state comptroller is hereby authorized and
directed to receive for deposit to the credit of the state special
revenue funds - other, HCRA transfer fund, medical assistance account,
or any successor fund or account, for purposes of funding specified
percentages of the state share of services and expenses related to the
family health plus program in accordance with the following schedule:
S. 4007--A 77 A. 3007--A
(i) (A) for the period January first, two thousand three through
December thirty-first, two thousand four, one hundred percent of the
state share;
(B) for the period January first, two thousand five through December
thirty-first, two thousand five, seventy-five percent of the state
share; and
(C) for periods beginning on and after January first, two thousand
six, fifty percent of the state share.
(ii) Funding for the family health plus program will include up to
five million dollars annually for the period January first, two thousand
three through December thirty-first, two thousand six, up to five
million dollars for the period January first, two thousand seven through
December thirty-first, two thousand seven, up to seven million two
hundred thousand dollars for the period January first, two thousand
eight through December thirty-first, two thousand eight, up to seven
million two hundred thousand dollars for the period January first, two
thousand nine through December thirty-first, two thousand nine, up to
seven million two hundred thousand dollars for the period January first,
two thousand ten through December thirty-first, two thousand ten, up to
one million eight hundred thousand dollars for the period January first,
two thousand eleven through March thirty-first, two thousand eleven, up
to six million forty-nine thousand dollars for the period April first,
two thousand eleven through March thirty-first, two thousand twelve, up
to six million two hundred eighty-nine thousand dollars for the period
April first, two thousand twelve through March thirty-first, two thou-
sand thirteen, and up to six million four hundred sixty-one thousand
dollars for the period April first, two thousand thirteen through March
thirty-first, two thousand fourteen, for administration and marketing
costs associated with such program established pursuant to clauses (A)
and (B) of subparagraph (v) of paragraph (a) of subdivision two of THE
FORMER section three hundred sixty-nine-ee of the social services law
from the tobacco control and insurance initiatives pool established for
the following periods in the following amounts:
(A) one hundred ninety million six hundred thousand dollars for the
period January first, two thousand three through December thirty-first,
two thousand three;
(B) three hundred seventy-four million dollars for the period January
first, two thousand four through December thirty-first, two thousand
four;
(C) five hundred thirty-eight million four hundred thousand dollars
for the period January first, two thousand five through December thir-
ty-first, two thousand five;
(D) three hundred eighteen million seven hundred seventy-five thousand
dollars for the period January first, two thousand six through December
thirty-first, two thousand six;
(E) four hundred eighty-two million eight hundred thousand dollars for
the period January first, two thousand seven through December thirty-
first, two thousand seven;
(F) five hundred seventy million twenty-five thousand dollars for the
period January first, two thousand eight through December thirty-first,
two thousand eight;
(G) six hundred ten million seven hundred twenty-five thousand dollars
for the period January first, two thousand nine through December thir-
ty-first, two thousand nine;
S. 4007--A 78 A. 3007--A
(H) six hundred twenty-seven million two hundred seventy-five thousand
dollars for the period January first, two thousand ten through December
thirty-first, two thousand ten;
(I) one hundred fifty-seven million eight hundred seventy-five thou-
sand dollars for the period January first, two thousand eleven through
March thirty-first, two thousand eleven;
(J) six hundred twenty-eight million four hundred thousand dollars for
the period April first, two thousand eleven through March thirty-first,
two thousand twelve;
(K) six hundred fifty million four hundred thousand dollars for the
period April first, two thousand twelve through March thirty-first, two
thousand thirteen;
(L) six hundred fifty million four hundred thousand dollars for the
period April first, two thousand thirteen through March thirty-first,
two thousand fourteen; and
(M) up to three hundred ten million five hundred ninety-five thousand
dollars for the period April first, two thousand fourteen through March
thirty-first, two thousand fifteen.
(nn) Funds shall be deposited by the commissioner, within amounts
appropriated, and the state comptroller is hereby authorized and
directed to receive for deposit to the credit of the state special
revenue fund - other, HCRA transfer fund, health care services account,
or any successor fund or account, for purposes related to adult home
initiatives for medicaid eligible residents of residential facilities
licensed pursuant to section four hundred sixty-b of the social services
law from the tobacco control and insurance initiatives pool established
for the following periods in the following amounts:
(i) up to four million dollars for the period January first, two thou-
sand three through December thirty-first, two thousand three;
(ii) up to six million dollars for the period January first, two thou-
sand four through December thirty-first, two thousand four;
(iii) up to eight million dollars for the period January first, two
thousand five through December thirty-first, two thousand five,
provided, however, that up to five million two hundred fifty thousand
dollars of such funds shall be received by the comptroller and deposited
to the credit of the special revenue fund - other / aid to localities,
HCRA transfer fund - 061, enhanced community services account - 05, or
any successor fund or account, for the purposes set forth in this para-
graph;
(iv) up to eight million dollars for the period January first, two
thousand six through December thirty-first, two thousand six, provided,
however, that up to five million two hundred fifty thousand dollars of
such funds shall be received by the comptroller and deposited to the
credit of the special revenue fund - other / aid to localities, HCRA
transfer fund - 061, enhanced community services account - 05, or any
successor fund or account, for the purposes set forth in this paragraph;
(v) up to eight million dollars for the period January first, two
thousand seven through December thirty-first, two thousand seven,
provided, however, that up to five million two hundred fifty thousand
dollars of such funds shall be received by the comptroller and deposited
to the credit of the special revenue fund - other / aid to localities,
HCRA transfer fund - 061, enhanced community services account - 05, or
any successor fund or account, for the purposes set forth in this para-
graph;
S. 4007--A 79 A. 3007--A
(vi) up to two million seven hundred fifty thousand dollars for the
period January first, two thousand eight through December thirty-first,
two thousand eight;
(vii) up to two million seven hundred fifty thousand dollars for the
period January first, two thousand nine through December thirty-first,
two thousand nine;
(viii) up to two million seven hundred fifty thousand dollars for the
period January first, two thousand ten through December thirty-first,
two thousand ten; and
(ix) up to six hundred eighty-eight thousand dollars for the period
January first, two thousand eleven through March thirty-first, two thou-
sand eleven.
(oo) Funds shall be reserved and accumulated from year to year and
shall be available, including income from invested funds, for purposes
of grants to non-public general hospitals pursuant to paragraph (e) of
subdivision twenty-five of section twenty-eight hundred seven-c of this
article from the tobacco control and insurance initiatives pool estab-
lished for the following periods in the following amounts:
(i) up to five million dollars on an annualized basis for the period
January first, two thousand four through December thirty-first, two
thousand four;
(ii) up to five million dollars for the period January first, two
thousand five through December thirty-first, two thousand five;
(iii) up to five million dollars for the period January first, two
thousand six through December thirty-first, two thousand six;
(iv) up to five million dollars for the period January first, two
thousand seven through December thirty-first, two thousand seven;
(v) up to five million dollars for the period January first, two thou-
sand eight through December thirty-first, two thousand eight;
(vi) up to five million dollars for the period January first, two
thousand nine through December thirty-first, two thousand nine;
(vii) up to five million dollars for the period January first, two
thousand ten through December thirty-first, two thousand ten; and
(viii) up to one million two hundred fifty thousand dollars for the
period January first, two thousand eleven through March thirty-first,
two thousand eleven.
(pp) Funds shall be reserved and accumulated from year to year and
shall be available, including income from invested funds, for the
purpose of supporting the provision of tax credits for long term care
insurance pursuant to subdivision one of section one hundred ninety of
the tax law, paragraph (a) of subdivision fourteen of section two
hundred ten-B of such law, subsection (aa) of section six hundred six of
such law and paragraph one of subdivision (m) of section fifteen hundred
eleven of such law, in the following amounts:
(i) ten million dollars for the period January first, two thousand
four through December thirty-first, two thousand four;
(ii) ten million dollars for the period January first, two thousand
five through December thirty-first, two thousand five;
(iii) ten million dollars for the period January first, two thousand
six through December thirty-first, two thousand six; and
(iv) five million dollars for the period January first, two thousand
seven through June thirtieth, two thousand seven.
(qq) Funds shall be reserved and accumulated from year to year and
shall be available, including income from invested funds, for the
purpose of supporting the long-term care insurance education and
S. 4007--A 80 A. 3007--A
outreach program established pursuant to section two hundred seventeen-a
of the elder law for the following periods in the following amounts:
(i) up to five million dollars for the period January first, two thou-
sand four through December thirty-first, two thousand four; of such
funds one million nine hundred fifty thousand dollars shall be made
available to the department for the purpose of developing, implementing
and administering the long-term care insurance education and outreach
program and three million fifty thousand dollars shall be deposited by
the commissioner, within amounts appropriated, and the comptroller is
hereby authorized and directed to receive for deposit to the credit of
the special revenue funds - other, HCRA transfer fund, long term care
insurance resource center account of the state office for the aging or
any future account designated for the purpose of implementing the long
term care insurance education and outreach program and providing the
long term care insurance resource centers with the necessary resources
to carry out their operations;
(ii) up to five million dollars for the period January first, two
thousand five through December thirty-first, two thousand five; of such
funds one million nine hundred fifty thousand dollars shall be made
available to the department for the purpose of developing, implementing
and administering the long-term care insurance education and outreach
program and three million fifty thousand dollars shall be deposited by
the commissioner, within amounts appropriated, and the comptroller is
hereby authorized and directed to receive for deposit to the credit of
the special revenue funds - other, HCRA transfer fund, long term care
insurance resource center account of the state office for the aging or
any future account designated for the purpose of implementing the long
term care insurance education and outreach program and providing the
long term care insurance resource centers with the necessary resources
to carry out their operations;
(iii) up to five million dollars for the period January first, two
thousand six through December thirty-first, two thousand six; of such
funds one million nine hundred fifty thousand dollars shall be made
available to the department for the purpose of developing, implementing
and administering the long-term care insurance education and outreach
program and three million fifty thousand dollars shall be made available
to the office for the aging for the purpose of providing the long term
care insurance resource centers with the necessary resources to carry
out their operations;
(iv) up to five million dollars for the period January first, two
thousand seven through December thirty-first, two thousand seven; of
such funds one million nine hundred fifty thousand dollars shall be made
available to the department for the purpose of developing, implementing
and administering the long-term care insurance education and outreach
program and three million fifty thousand dollars shall be made available
to the office for the aging for the purpose of providing the long term
care insurance resource centers with the necessary resources to carry
out their operations;
(v) up to five million dollars for the period January first, two thou-
sand eight through December thirty-first, two thousand eight; of such
funds one million nine hundred fifty thousand dollars shall be made
available to the department for the purpose of developing, implementing
and administering the long term care insurance education and outreach
program and three million fifty thousand dollars shall be made available
to the office for the aging for the purpose of providing the long term
S. 4007--A 81 A. 3007--A
care insurance resource centers with the necessary resources to carry
out their operations;
(vi) up to five million dollars for the period January first, two
thousand nine through December thirty-first, two thousand nine; of such
funds one million nine hundred fifty thousand dollars shall be made
available to the department for the purpose of developing, implementing
and administering the long-term care insurance education and outreach
program and three million fifty thousand dollars shall be made available
to the office for the aging for the purpose of providing the long-term
care insurance resource centers with the necessary resources to carry
out their operations;
(vii) up to four hundred eighty-eight thousand dollars for the period
January first, two thousand ten through March thirty-first, two thousand
ten; of such funds four hundred eighty-eight thousand dollars shall be
made available to the department for the purpose of developing, imple-
menting and administering the long-term care insurance education and
outreach program.
(rr) Funds shall be reserved and accumulated from the tobacco control
and insurance initiatives pool and shall be available, including income
from invested funds, for the purpose of supporting expenses related to
implementation of the provisions of title three of article twenty-nine-D
of this chapter, for the following periods and in the following amounts:
(i) up to ten million dollars for the period January first, two thou-
sand six through December thirty-first, two thousand six;
(ii) up to ten million dollars for the period January first, two thou-
sand seven through December thirty-first, two thousand seven;
(iii) up to ten million dollars for the period January first, two
thousand eight through December thirty-first, two thousand eight;
(iv) up to ten million dollars for the period January first, two thou-
sand nine through December thirty-first, two thousand nine;
(v) up to ten million dollars for the period January first, two thou-
sand ten through December thirty-first, two thousand ten; and
(vi) up to two million five hundred thousand dollars for the period
January first, two thousand eleven through March thirty-first, two thou-
sand eleven.
(ss) Funds shall be reserved and accumulated from the tobacco control
and insurance initiatives pool and used for a health care stabilization
program established by the commissioner for the purposes of stabilizing
critical health care providers and health care programs whose ability to
continue to provide appropriate services are threatened by financial or
other challenges, in the amount of up to twenty-eight million dollars
for the period July first, two thousand four through June thirtieth, two
thousand five. Notwithstanding the provisions of section one hundred
twelve of the state finance law or any other inconsistent provision of
the state finance law or any other law, funds available for distribution
pursuant to this paragraph may be allocated and distributed by the
commissioner, or the state comptroller as applicable without a compet-
itive bid or request for proposal process. Considerations relied upon by
the commissioner in determining the allocation and distribution of these
funds shall include, but not be limited to, the following: (i) the
importance of the provider or program in meeting critical health care
needs in the community in which it operates; (ii) the provider or
program provision of care to under-served populations; (iii) the quality
of the care or services the provider or program delivers; (iv) the abil-
ity of the provider or program to continue to deliver an appropriate
level of care or services if additional funding is made available; (v)
S. 4007--A 82 A. 3007--A
the ability of the provider or program to access, in a timely manner,
alternative sources of funding, including other sources of government
funding; (vi) the ability of other providers or programs in the communi-
ty to meet the community health care needs; (vii) whether the provider
or program has an appropriate plan to improve its financial condition;
and (viii) whether additional funding would permit the provider or
program to consolidate, relocate, or close programs or services where
such actions would result in greater stability and efficiency in the
delivery of needed health care services or programs.
(tt) Funds shall be reserved and accumulated from year to year and
shall be available, including income from invested funds, for purposes
of providing grants for two long term care demonstration projects
designed to test new models for the delivery of long term care services
established pursuant to section twenty-eight hundred seven-x of this
chapter, for the following periods and in the following amounts:
(i) up to five hundred thousand dollars for the period January first,
two thousand four through December thirty-first, two thousand four;
(ii) up to five hundred thousand dollars for the period January first,
two thousand five through December thirty-first, two thousand five;
(iii) up to five hundred thousand dollars for the period January
first, two thousand six through December thirty-first, two thousand six;
(iv) up to one million dollars for the period January first, two thou-
sand seven through December thirty-first, two thousand seven; and
(v) up to two hundred fifty thousand dollars for the period January
first, two thousand eight through March thirty-first, two thousand
eight.
(uu) Funds shall be reserved and accumulated from year to year and
shall be available, including income from invested funds, for the
purpose of supporting disease management and telemedicine demonstration
programs authorized pursuant to section twenty-one hundred eleven of
this chapter for the following periods in the following amounts:
(i) five million dollars for the period January first, two thousand
four through December thirty-first, two thousand four, of which three
million dollars shall be available for disease management demonstration
programs and two million dollars shall be available for telemedicine
demonstration programs;
(ii) five million dollars for the period January first, two thousand
five through December thirty-first, two thousand five, of which three
million dollars shall be available for disease management demonstration
programs and two million dollars shall be available for telemedicine
demonstration programs;
(iii) nine million five hundred thousand dollars for the period Janu-
ary first, two thousand six through December thirty-first, two thousand
six, of which seven million five hundred thousand dollars shall be
available for disease management demonstration programs and two million
dollars shall be available for telemedicine demonstration programs;
(iv) nine million five hundred thousand dollars for the period January
first, two thousand seven through December thirty-first, two thousand
seven, of which seven million five hundred thousand dollars shall be
available for disease management demonstration programs and one million
dollars shall be available for telemedicine demonstration programs;
(v) nine million five hundred thousand dollars for the period January
first, two thousand eight through December thirty-first, two thousand
eight, of which seven million five hundred thousand dollars shall be
available for disease management demonstration programs and two million
dollars shall be available for telemedicine demonstration programs;
S. 4007--A 83 A. 3007--A
(vi) seven million eight hundred thirty-three thousand three hundred
thirty-three dollars for the period January first, two thousand nine
through December thirty-first, two thousand nine, of which seven million
five hundred thousand dollars shall be available for disease management
demonstration programs and three hundred thirty-three thousand three
hundred thirty-three dollars shall be available for telemedicine demon-
stration programs for the period January first, two thousand nine
through March first, two thousand nine;
(vii) one million eight hundred seventy-five thousand dollars for the
period January first, two thousand ten through March thirty-first, two
thousand ten shall be available for disease management demonstration
programs.
(ww) Funds shall be deposited by the commissioner, within amounts
appropriated, and the state comptroller is hereby authorized and
directed to receive for the deposit to the credit of the state special
revenue funds - other, HCRA transfer fund, medical assistance account,
or any successor fund or account, for purposes of funding the state
share of the general hospital rates increases for recruitment and
retention of health care workers pursuant to paragraph (e) of subdivi-
sion thirty of section twenty-eight hundred seven-c of this article from
the tobacco control and insurance initiatives pool established for the
following periods in the following amounts:
(i) sixty million five hundred thousand dollars for the period January
first, two thousand five through December thirty-first, two thousand
five; and
(ii) sixty million five hundred thousand dollars for the period Janu-
ary first, two thousand six through December thirty-first, two thousand
six.
(xx) Funds shall be deposited by the commissioner, within amounts
appropriated, and the state comptroller is hereby authorized and
directed to receive for the deposit to the credit of the state special
revenue funds - other, HCRA transfer fund, medical assistance account,
or any successor fund or account, for purposes of funding the state
share of the general hospital rates increases for rural hospitals pursu-
ant to subdivision thirty-two of section twenty-eight hundred seven-c of
this article from the tobacco control and insurance initiatives pool
established for the following periods in the following amounts:
(i) three million five hundred thousand dollars for the period January
first, two thousand five through December thirty-first, two thousand
five;
(ii) three million five hundred thousand dollars for the period Janu-
ary first, two thousand six through December thirty-first, two thousand
six;
(iii) three million five hundred thousand dollars for the period Janu-
ary first, two thousand seven through December thirty-first, two thou-
sand seven;
(iv) three million five hundred thousand dollars for the period Janu-
ary first, two thousand eight through December thirty-first, two thou-
sand eight; and
(v) three million two hundred eight thousand dollars for the period
January first, two thousand nine through November thirtieth, two thou-
sand nine.
(yy) Funds shall be reserved and accumulated from year to year and
shall be available, within amounts appropriated and notwithstanding
section one hundred twelve of the state finance law and any other
contrary provision of law, for the purpose of supporting grants not to
S. 4007--A 84 A. 3007--A
exceed five million dollars to be made by the commissioner without a
competitive bid or request for proposal process, in support of the
delivery of critically needed health care services, to health care
providers located in the counties of Erie and Niagara which executed a
memorandum of closing and conducted a merger closing in escrow on Novem-
ber twenty-fourth, nineteen hundred ninety-seven and which entered into
a settlement dated December thirtieth, two thousand four for a loss on
disposal of assets under the provisions of title XVIII of the federal
social security act applicable to mergers occurring prior to December
first, nineteen hundred ninety-seven.
(zz) Funds shall be reserved and accumulated from year to year and
shall be available, within amounts appropriated, for the purpose of
supporting expenditures authorized pursuant to section twenty-eight
hundred eighteen of this article from the tobacco control and insurance
initiatives pool established for the following periods in the following
amounts:
(i) six million five hundred thousand dollars for the period January
first, two thousand five through December thirty-first, two thousand
five;
(ii) one hundred eight million three hundred thousand dollars for the
period January first, two thousand six through December thirty-first,
two thousand six, provided, however, that within amounts appropriated in
the two thousand six through two thousand seven state fiscal year, a
portion of such funds may be transferred to the Roswell Park Cancer
Institute Corporation to fund capital costs;
(iii) one hundred seventy-one million dollars for the period January
first, two thousand seven through December thirty-first, two thousand
seven, provided, however, that within amounts appropriated in the two
thousand six through two thousand seven state fiscal year, a portion of
such funds may be transferred to the Roswell Park Cancer Institute
Corporation to fund capital costs;
(iv) one hundred seventy-one million five hundred thousand dollars for
the period January first, two thousand eight through December thirty-
first, two thousand eight;
(v) one hundred twenty-eight million seven hundred fifty thousand
dollars for the period January first, two thousand nine through December
thirty-first, two thousand nine;
(vi) one hundred thirty-one million three hundred seventy-five thou-
sand dollars for the period January first, two thousand ten through
December thirty-first, two thousand ten;
(vii) thirty-four million two hundred fifty thousand dollars for the
period January first, two thousand eleven through March thirty-first,
two thousand eleven;
(viii) four hundred thirty-three million three hundred sixty-six thou-
sand dollars for the period April first, two thousand eleven through
March thirty-first, two thousand twelve;
(ix) one hundred fifty million eight hundred six thousand dollars for
the period April first, two thousand twelve through March thirty-first,
two thousand thirteen;
(x) seventy-eight million seventy-one thousand dollars for the period
April first, two thousand thirteen through March thirty-first, two thou-
sand fourteen.
(aaa) Funds shall be reserved and accumulated from year to year and
shall be available, including income from invested funds, for services
and expenses related to school based health centers, in an amount up to
three million five hundred thousand dollars for the period April first,
S. 4007--A 85 A. 3007--A
two thousand six through March thirty-first, two thousand seven, up to
three million five hundred thousand dollars for the period April first,
two thousand seven through March thirty-first, two thousand eight, up to
three million five hundred thousand dollars for the period April first,
two thousand eight through March thirty-first, two thousand nine, up to
three million five hundred thousand dollars for the period April first,
two thousand nine through March thirty-first, two thousand ten, up to
three million five hundred thousand dollars for the period April first,
two thousand ten through March thirty-first, two thousand eleven, up to
two million eight hundred thousand dollars each state fiscal year for
the period April first, two thousand eleven through March thirty-first,
two thousand fourteen, up to two million six hundred forty-four thousand
dollars each state fiscal year for the period April first, two thousand
fourteen through March thirty-first, two thousand seventeen, up to two
million six hundred forty-four thousand dollars each state fiscal year
for the period April first, two thousand seventeen through March thir-
ty-first, two thousand twenty, [and] up to two million six hundred
forty-four thousand dollars each state fiscal year for the period April
first, two thousand twenty through March thirty-first, two thousand
twenty-three, AND UP TO TWO MILLION SIX HUNDRED FORTY-FOUR THOUSAND
DOLLARS EACH STATE FISCAL YEAR FOR THE PERIOD APRIL FIRST, TWO THOUSAND
TWENTY-THREE THROUGH MARCH THIRTY-FIRST, TWO THOUSAND TWENTY-SIX. The
total amount of funds provided herein shall be distributed as grants
based on the ratio of each provider's total enrollment for all sites to
the total enrollment of all providers. This formula shall be applied to
the total amount provided herein.
(bbb) Funds shall be reserved and accumulated from year to year and
shall be available, including income from invested funds, for purposes
of awarding grants to operators of adult homes, enriched housing
programs and residences through the enhancing abilities and life experi-
ence (EnAbLe) program to provide for the installation, operation and
maintenance of air conditioning in resident rooms, consistent with this
paragraph, in an amount up to two million dollars for the period April
first, two thousand six through March thirty-first, two thousand seven,
up to three million eight hundred thousand dollars for the period April
first, two thousand seven through March thirty-first, two thousand
eight, up to three million eight hundred thousand dollars for the period
April first, two thousand eight through March thirty-first, two thousand
nine, up to three million eight hundred thousand dollars for the period
April first, two thousand nine through March thirty-first, two thousand
ten, and up to three million eight hundred thousand dollars for the
period April first, two thousand ten through March thirty-first, two
thousand eleven. Residents shall not be charged utility cost for the use
of air conditioners supplied under the EnAbLe program. All such air
conditioners must be operated in occupied resident rooms consistent with
requirements applicable to common areas.
(ccc) Funds shall be deposited by the commissioner, within amounts
appropriated, and the state comptroller is hereby authorized and
directed to receive for the deposit to the credit of the state special
revenue funds - other, HCRA transfer fund, medical assistance account,
or any successor fund or account, for purposes of funding the state
share of increases in the rates for certified home health agencies, long
term home health care programs, AIDS home care programs, hospice
programs and managed long term care plans and approved managed long term
care operating demonstrations as defined in section forty-four hundred
three-f of this chapter for recruitment and retention of health care
S. 4007--A 86 A. 3007--A
workers pursuant to subdivisions nine and ten of section thirty-six
hundred fourteen of this chapter from the tobacco control and insurance
initiatives pool established for the following periods in the following
amounts:
(i) twenty-five million dollars for the period June first, two thou-
sand six through December thirty-first, two thousand six;
(ii) fifty million dollars for the period January first, two thousand
seven through December thirty-first, two thousand seven;
(iii) fifty million dollars for the period January first, two thousand
eight through December thirty-first, two thousand eight;
(iv) fifty million dollars for the period January first, two thousand
nine through December thirty-first, two thousand nine;
(v) fifty million dollars for the period January first, two thousand
ten through December thirty-first, two thousand ten;
(vi) twelve million five hundred thousand dollars for the period Janu-
ary first, two thousand eleven through March thirty-first, two thousand
eleven;
(vii) up to fifty million dollars each state fiscal year for the peri-
od April first, two thousand eleven through March thirty-first, two
thousand fourteen;
(viii) up to fifty million dollars each state fiscal year for the
period April first, two thousand fourteen through March thirty-first,
two thousand seventeen;
(ix) up to fifty million dollars each state fiscal year for the period
April first, two thousand seventeen through March thirty-first, two
thousand twenty; [and]
(x) up to fifty million dollars each state fiscal year for the period
April first, two thousand twenty through March thirty-first, two thou-
sand twenty-three; AND
(XI) UP TO FIFTY MILLION DOLLARS EACH STATE FISCAL YEAR FOR THE PERIOD
APRIL FIRST, TWO THOUSAND TWENTY-THREE THROUGH MARCH THIRTY-FIRST, TWO
THOUSAND TWENTY-SIX.
(ddd) Funds shall be deposited by the commissioner, within amounts
appropriated, and the state comptroller is hereby authorized and
directed to receive for the deposit to the credit of the state special
revenue funds - other, HCRA transfer fund, medical assistance account,
or any successor fund or account, for purposes of funding the state
share of increases in the medical assistance rates for providers for
purposes of enhancing the provision, quality and/or efficiency of home
care services pursuant to subdivision eleven of section thirty-six
hundred fourteen of this chapter from the tobacco control and insurance
initiatives pool established for the following period in the amount of
eight million dollars for the period April first, two thousand six
through December thirty-first, two thousand six.
(eee) Funds shall be reserved and accumulated from year to year and
shall be available, including income from invested funds, to the Center
for Functional Genomics at the State University of New York at Albany,
for the purposes of the Adirondack network for cancer education and
research in rural communities grant program to improve access to health
care and shall be made available from the tobacco control and insurance
initiatives pool established for the following period in the amount of
up to five million dollars for the period January first, two thousand
six through December thirty-first, two thousand six.
(fff) Funds shall be made available to the empire state stem cell
trust fund established by section ninety-nine-p of the state finance law
S. 4007--A 87 A. 3007--A
within amounts appropriated up to fifty million dollars annually and
shall not exceed five hundred million dollars in total.
(ggg) Funds shall be deposited by the commissioner, within amounts
appropriated, and the state comptroller is hereby authorized and
directed to receive for deposit to the credit of the state special
revenue fund - other, HCRA transfer fund, medical assistance account, or
any successor fund or account, for the purpose of supporting the state
share of Medicaid expenditures for hospital translation services as
authorized pursuant to paragraph (k) of subdivision one of section twen-
ty-eight hundred seven-c of this article from the tobacco control and
initiatives pool established for the following periods in the following
amounts:
(i) sixteen million dollars for the period July first, two thousand
eight through December thirty-first, two thousand eight; and
(ii) fourteen million seven hundred thousand dollars for the period
January first, two thousand nine through November thirtieth, two thou-
sand nine.
(hhh) Funds shall be deposited by the commissioner, within amounts
appropriated, and the state comptroller is hereby authorized and
directed to receive for deposit to the credit of the state special
revenue fund - other, HCRA transfer fund, medical assistance account, or
any successor fund or account, for the purpose of supporting the state
share of Medicaid expenditures for adjustments to inpatient rates of
payment for general hospitals located in the counties of Nassau and
Suffolk as authorized pursuant to paragraph (l) of subdivision one of
section twenty-eight hundred seven-c of this article from the tobacco
control and initiatives pool established for the following periods in
the following amounts:
(i) two million five hundred thousand dollars for the period April
first, two thousand eight through December thirty-first, two thousand
eight; and
(ii) two million two hundred ninety-two thousand dollars for the peri-
od January first, two thousand nine through November thirtieth, two
thousand nine.
(iii) Funds shall be reserved and set aside and accumulated from year
to year and shall be made available, including income from investment
funds, for the purpose of supporting the New York state medical indem-
nity fund as authorized pursuant to title four of article twenty-nine-D
of this chapter, for the following periods and in the following amounts,
provided, however, that the commissioner is authorized to seek waiver
authority from the federal centers for medicare and Medicaid for the
purpose of securing Medicaid federal financial participation for such
program, in which case the funding authorized pursuant to this paragraph
shall be utilized as the non-federal share for such payments:
Thirty million dollars for the period April first, two thousand eleven
through March thirty-first, two thousand twelve.
2. (a) For periods prior to January first, two thousand five, the
commissioner is authorized to contract with the article forty-three
insurance law plans, or such other contractors as the commissioner shall
designate, to receive and distribute funds from the tobacco control and
insurance initiatives pool established pursuant to this section. In the
event contracts with the article forty-three insurance law plans or
other commissioner's designees are effectuated, the commissioner shall
conduct annual audits of the receipt and distribution of such funds. The
reasonable costs and expenses of an administrator as approved by the
commissioner, not to exceed for personnel services on an annual basis
S. 4007--A 88 A. 3007--A
five hundred thousand dollars, for collection and distribution of funds
pursuant to this section shall be paid from such funds.
(b) Notwithstanding any inconsistent provision of section one hundred
twelve or one hundred sixty-three of the state finance law or any other
law, at the discretion of the commissioner without a competitive bid or
request for proposal process, contracts in effect for administration of
pools established pursuant to sections twenty-eight hundred seven-k,
twenty-eight hundred seven-l and twenty-eight hundred seven-m of this
article for the period January first, nineteen hundred ninety-nine
through December thirty-first, nineteen hundred ninety-nine may be
extended to provide for administration pursuant to this section and may
be amended as may be necessary.
§ 13. Paragraph (a) of subdivision 12 of section 367-b of the social
services law, as amended by section 15 of part Y of chapter 56 of the
laws of 2020, is amended to read as follows:
(a) For the purpose of regulating cash flow for general hospitals, the
department shall develop and implement a payment methodology to provide
for timely payments for inpatient hospital services eligible for case
based payments per discharge based on diagnosis-related groups provided
during the period January first, nineteen hundred eighty-eight through
March thirty-first two thousand [twenty-three] TWENTY-SIX, by such
hospitals which elect to participate in the system.
§ 14. Paragraph (r) of subdivision 9 of section 3614 of the public
health law, as added by section 16 of part Y of chapter 56 of the laws
of 2020, is amended and three new paragraphs (s), (t) and (u) are added
to read as follows:
(r) for the period April first, two thousand twenty-two through March
thirty-first, two thousand twenty-three, up to one hundred million
dollars[.];
(S) FOR THE PERIOD APRIL FIRST, TWO THOUSAND TWENTY-THREE THROUGH
MARCH THIRTY-FIRST, TWO THOUSAND TWENTY-FOUR, UP TO ONE HUNDRED MILLION
DOLLARS;
(T) FOR THE PERIOD APRIL FIRST, TWO THOUSAND TWENTY-FOUR THROUGH MARCH
THIRTY-FIRST, TWO THOUSAND TWENTY-FIVE, UP TO ONE HUNDRED MILLION
DOLLARS;
(U) FOR THE PERIOD APRIL FIRST, TWO THOUSAND TWENTY-FIVE THROUGH MARCH
THIRTY-FIRST, TWO THOUSAND TWENTY-SIX, UP TO ONE HUNDRED MILLION
DOLLARS.
§ 15. Paragraph (v) of subdivision 1 of section 367-q of the social
services law, as added by section 17 of part Y of chapter 56 of the laws
of 2020, is amended and three new paragraphs (w), (x) and (y) are added
to read as follows:
(v) for the period April first, two thousand twenty-two through March
thirty-first, two thousand twenty-three, up to twenty-eight million five
hundred thousand dollars[.];
(W) FOR THE PERIOD APRIL FIRST, TWO THOUSAND TWENTY-THREE THROUGH
MARCH THIRTY-FIRST, TWO THOUSAND TWENTY-FOUR, UP TO TWENTY-EIGHT MILLION
FIVE HUNDRED THOUSAND DOLLARS;
(X) FOR THE PERIOD APRIL FIRST, TWO THOUSAND TWENTY-FOUR THROUGH MARCH
THIRTY-FIRST, TWO THOUSAND TWENTY-FIVE, UP TO TWENTY-EIGHT MILLION FIVE
HUNDRED THOUSAND DOLLARS;
(Y) FOR THE PERIOD APRIL FIRST, TWO THOUSAND TWENTY-FIVE THROUGH MARCH
THIRTY-FIRST, TWO THOUSAND TWENTY-SIX, UP TO TWENTY-EIGHT MILLION FIVE
HUNDRED THOUSAND DOLLARS.
§ 16. This act shall take effect April 1, 2023; provided, however, if
this act shall become a law after such date it shall take effect imme-
S. 4007--A 89 A. 3007--A
diately and shall be deemed to have been in full force and effect on and
after April 1, 2023; and further provided, that:
(a) the amendments to sections 2807-j and 2807-s of the public health
law made by sections two, eight, nine, and ten of this act shall not
affect the expiration of such sections and shall expire therewith;
(b) the amendments to subdivision 6 of section 2807-t of the public
health law made by section eleven of this act shall not affect the expi-
ration of such section and shall be deemed to expire therewith; and
(c) the amendments to paragraph (i-1) of subdivision 1 of section
2807-v of the public health law made by section twelve of this act shall
not affect the repeal of such paragraph and shall be deemed repealed
therewith.
PART D
Section 1. Paragraph (a) of subdivision 4 of section 365-a of the
social services law, as amended by chapter 493 of the laws of 2010, is
amended to read as follows:
(a) drugs which may be dispensed without a prescription as required by
section sixty-eight hundred ten of the education law; provided, however,
that the state commissioner of health may by regulation specify certain
of such drugs which may be reimbursed as an item of medical assistance
in accordance with the price schedule established by such commissioner.
Notwithstanding any other provision of law, [additions] MODIFICATIONS to
the list of drugs reimbursable under this paragraph may be filed as
regulations by the commissioner of health without prior notice and
comment;
§ 2. Paragraph (b) of subdivision 3 of section 273 of the public
health law, as added by section 10 of part C of chapter 58 of the laws
of 2005, is amended to read as follows:
(b) In the event that the patient does not meet the criteria in para-
graph (a) of this subdivision, the prescriber may provide additional
information to the program to justify the use of a prescription drug
that is not on the preferred drug list. The program shall provide a
reasonable opportunity for a prescriber to reasonably present his or her
justification of prior authorization. [If, after consultation with the
program, the prescriber, in his or her reasonable professional judgment,
determines that] THE PROGRAM WILL CONSIDER THE ADDITIONAL INFORMATION
AND THE JUSTIFICATION PRESENTED TO DETERMINE WHETHER the use of a
prescription drug that is not on the preferred drug list is warranted,
AND the [prescriber's] PROGRAM'S determination shall be final.
§ 3. Subdivisions 25 and 25-a of section 364-j of the social services
law are REPEALED.
§ 4. This act shall take effect October 1, 2023; provided that
sections two and three of this act shall take effect April 1, 2024.
PART E
Section 1. Subdivision 5-d of section 2807-k of the public health
law, as amended by section 3 of part KK of chapter 56 of the laws of
2020, is amended to read as follows:
5-d. (a) Notwithstanding any inconsistent provision of this section,
section twenty-eight hundred seven-w of this article or any other
contrary provision of law, and subject to the availability of federal
financial participation, for periods on and after January first, two
thousand twenty, through March thirty-first, two thousand [twenty-three]
S. 4007--A 90 A. 3007--A
TWENTY-SIX, all funds available for distribution pursuant to this
section, except for funds distributed pursuant to [subparagraph (v) of]
paragraph (b) of subdivision five-b of this section, and all funds
available for distribution pursuant to section twenty-eight hundred
seven-w of this article, shall be reserved and set aside and distributed
in accordance with the provisions of this subdivision.
(b) The commissioner shall promulgate regulations, and may promulgate
emergency regulations, establishing methodologies for the distribution
of funds as described in paragraph (a) of this subdivision and such
regulations shall include, but not be limited to, the following:
(i) Such regulations shall establish methodologies for determining
each facility's relative uncompensated care need amount based on unin-
sured inpatient and outpatient units of service from the cost reporting
year two years prior to the distribution year, multiplied by the appli-
cable medicaid rates in effect January first of the distribution year,
as summed and adjusted by a statewide cost adjustment factor and reduced
by the sum of all payment amounts collected from such uninsured
patients, and as further adjusted by application of a nominal need
computation that shall take into account each facility's medicaid inpa-
tient share.
(ii) Annual distributions pursuant to such regulations for the two
thousand twenty through two thousand [twenty-two] TWENTY-FIVE calendar
years shall be in accord with the following:
(A) one hundred thirty-nine million four hundred thousand dollars
shall be distributed as Medicaid Disproportionate Share Hospital ("DSH")
payments to major public general hospitals; and
(B) nine hundred sixty-nine million nine hundred thousand dollars as
Medicaid DSH payments to eligible general hospitals, other than major
public general hospitals.
For the calendar years two thousand twenty through two thousand twen-
ty-two, the total distributions to eligible general hospitals, other
than major public general hospitals, shall be subject to an aggregate
reduction of one hundred fifty million dollars annually, provided that
eligible general hospitals, other than major public general hospitals,
that qualify as enhanced safety net hospitals under section two thousand
eight hundred seven-c of this article shall not be subject to such
reduction.
FOR THE CALENDAR YEARS TWO THOUSAND TWENTY-THREE THROUGH TWO THOUSAND
TWENTY-FIVE, THE TOTAL DISTRIBUTIONS TO ELIGIBLE GENERAL HOSPITALS,
OTHER THAN MAJOR PUBLIC GENERAL HOSPITALS, SHALL BE SUBJECT TO AN AGGRE-
GATE REDUCTION OF TWO HUNDRED THIRTY-FIVE MILLION FOUR HUNDRED THOUSAND
DOLLARS ANNUALLY, PROVIDED THAT ELIGIBLE GENERAL HOSPITALS, OTHER THAN
MAJOR PUBLIC GENERAL HOSPITALS THAT QUALIFY AS ENHANCED SAFETY NET
HOSPITALS UNDER SECTION TWO THOUSAND EIGHT HUNDRED SEVEN-C OF THIS ARTI-
CLE AS OF APRIL FIRST, TWO THOUSAND TWENTY, SHALL NOT BE SUBJECT TO SUCH
REDUCTION.
Such [reduction] REDUCTIONS shall be determined by a methodology to be
established by the commissioner. Such [methodology] METHODOLOGIES may
take into account the payor mix of each non-public general hospital,
including the percentage of inpatient days paid by Medicaid.
(iii) For calendar years two thousand twenty through two thousand
[twenty-two] TWENTY-FIVE, sixty-four million six hundred thousand
dollars shall be distributed to eligible general hospitals, other than
major public general hospitals, that experience a reduction in indigent
care pool payments pursuant to this subdivision, and that qualify as
enhanced safety net hospitals under section two thousand eight hundred
S. 4007--A 91 A. 3007--A
seven-c of this article as of April first, two thousand twenty. Such
distribution shall be established pursuant to regulations promulgated by
the commissioner and shall be proportional to the reduction experienced
by the facility.
(iv) Such regulations shall reserve one percent of the funds available
for distribution in the two thousand fourteen and two thousand fifteen
calendar years, and for calendar years thereafter, pursuant to this
subdivision, subdivision fourteen-f of section twenty-eight hundred
seven-c of this article, and sections two hundred eleven and two hundred
twelve of chapter four hundred seventy-four of the laws of nineteen
hundred ninety-six, in a "financial assistance compliance pool" and
shall establish methodologies for the distribution of such pool funds to
facilities based on their level of compliance, as determined by the
commissioner, with the provisions of subdivision nine-a of this section.
(c) The commissioner shall annually report to the governor and the
legislature on the distribution of funds under this subdivision includ-
ing, but not limited to:
(i) the impact on safety net providers, including community providers,
rural general hospitals and major public general hospitals;
(ii) the provision of indigent care by units of services and funds
distributed by general hospitals; and
(iii) the extent to which access to care has been enhanced.
§ 2. Subdivision 1 of section 2801 of the public health law, as
amended by section 1 of part Z of chapter 57 of the laws of 2019, 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
teachings. 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 developmental 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 commissioner in consultation with the commis-
S. 4007--A 92 A. 3007--A
sioner of the office of mental health, the commissioner of the office of
alcoholism and substance abuse services and the commissioner of the
office for people with developmental disabilities, including regulations
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 accordance with regu-
lations issued by the commissioner in consultation with the commissioner
of the office of mental health, the commissioner of the office of alco-
holism and substance abuse services and the commissioner of the office
for people with developmental disabilities, including regulations 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.
§ 3. Section 2801-g of the public health law is amended by adding a
new subdivision 4 to read as follows:
4. AT LEAST THIRTY DAYS PRIOR TO A GENERAL HOSPITAL APPLYING TO THE
FEDERAL CENTERS FOR MEDICARE AND MEDICAID SERVICES TO CONVERT FROM A
GENERAL HOSPITAL WITH INPATIENTS TO A RURAL EMERGENCY HOSPITAL UNDER 42
USC 1395X(KKK), OR SUCCESSOR PROVISIONS, SUCH HOSPITAL SHALL HOLD A
PUBLIC COMMUNITY FORUM FOR THE PURPOSE OF OBTAINING PUBLIC INPUT
CONCERNING THE ANTICIPATED IMPACT OF THE HOSPITAL'S CLOSURE OF INPATIENT
UNITS, INCLUDING BUT NOT LIMITED TO, THE IMPACT ON RECIPIENTS OF MEDICAL
ASSISTANCE FOR NEEDY PERSONS, THE UNINSURED, AND MEDICALLY UNDERSERVED
POPULATIONS, AND OPTIONS AND PROPOSALS TO AMELIORATE SUCH ANTICIPATED
IMPACT. THE HOSPITAL SHALL AFFORD ALL PUBLIC PARTICIPANTS A REASONABLE
OPPORTUNITY TO SPEAK ABOUT RELEVANT MATTERS AT SUCH COMMUNITY FORUM.
PRIOR TO ANY COMMUNITY FORUM AND AS SOON AS PRACTICABLE, THE HOSPITAL
SHALL BE REQUIRED TO:
(A) NOTIFY THE OFFICE OF MENTAL HEALTH AND THE LOCAL DIRECTOR OF
COMMUNITY SERVICES IN THE EVENT SUCH GENERAL HOSPITAL HAS PSYCHIATRIC
INPATIENT BEDS LICENSED UNDER ARTICLE THIRTY-ONE OF THE MENTAL HYGIENE
LAW OR DESIGNATED PURSUANT TO SECTION 9.39 OF THE MENTAL HYGIENE LAW,
AND
(B) NOTIFY THE OFFICE OF ADDICTION SERVICES AND SUPPORTS IN THE EVENT
SUCH GENERAL HOSPITAL HAS INPATIENT SUBSTANCE USE DISORDER TREATMENT
PROGRAMS OR INPATIENT CHEMICAL DEPENDENCE TREATMENT PROGRAMS LICENSED
UNDER ARTICLE THIRTY-TWO OF THE MENTAL HYGIENE LAW.
§ 4. The opening paragraph of subdivision (g) of section 2826 of the
public health law, as amended by section 3 of part M of chapter 57 of
the laws of 2022, is amended to read as follows:
Notwithstanding subdivision (a) of this section, and within amounts
appropriated for such purposes as described herein, [for the period of
April first, two thousand twenty-two through March thirty-first, two
thousand twenty-three,] the commissioner may award a temporary adjust-
ment to the non-capital components of rates, or make temporary lump-sum
Medicaid payments to eligible facilities in severe financial distress to
enable such facilities to maintain operations and vital services while
such facilities establish long term solutions to achieve sustainable
health services. Provided, however, the commissioner is authorized to
make such a temporary adjustment or make such temporary lump sum payment
only pursuant to criteria, AN APPLICATION, AND an evaluation process[,
and transformation plan] acceptable to the commissioner in consultation
S. 4007--A 93 A. 3007--A
with the director of the division of the budget. The department shall
publish on its website the criteria, APPLICATION, AND evaluation process
[and guidance for transformation plans] and notification of any award
recipients.
§ 5. Subparagraph (F) of paragraph (i) of subdivision (g) of section
2826 of the public health law, as added by section 3 of part M of chap-
ter 57 of the laws of 2022, is amended to read as follows:
(F) an independent practice association or accountable care organiza-
tion authorized under applicable regulations that participate in managed
care provider network arrangements with any of the provider types in
subparagraphs (A) through (F) of this paragraph; OR AN ENTITY THAT WAS
FORMED AS A PREFERRED PROVIDER SYSTEM PURSUANT TO THE DELIVERY SYSTEM
REFORM INCENTIVE PAYMENT (DSRIP) PROGRAM AND COLLABORATED WITH AN INDE-
PENDENT PRACTICE ASSOCIATION THAT RECEIVED VBP INNOVATOR STATUS FROM THE
DEPARTMENT FOR PURPOSES OF MEETING DSRIP GOALS, AND WHICH PREFERRED
PROVIDER SYSTEM REMAINS OPERATIONAL AS AN INTEGRATED CARE SYSTEM.
§ 6. The opening paragraph of paragraph (ii) of subdivision (g) of
section 2826 of the public health law, as added by section 6 of part J
of chapter 60 of the laws of 2015, is amended to read as follows:
Eligible applicants must demonstrate that without such award, they
will be in severe financial distress [through March thirty-first, two
thousand sixteen], as evidenced by:
§ 7. Subparagraph (A), the opening paragraph of subparagraph (E) and
subparagraph (F) of paragraph (iii) of subdivision (g) of section 2826
of the public health law, as added by section 6 of part J of chapter 60
of the laws of 2015, are amended to read as follows:
(A) [Applications under this subdivision] ELIGIBLE APPLICANTS shall
[include a multi-year transformation plan that is aligned with the
delivery system reform incentive payment ("DSRIP") program goals and
objectives. Such plan shall be approved by] SUBMIT A COMPLETED APPLICA-
TION TO the department [and shall demonstrate a path towards long term
sustainability and improved patient care].
The department shall review all applications under this subdivision,
and [a] determine:
(F) After review of all applications under this subdivision, and a
determination of the aggregate amount of requested funds, the department
[shall] MAY make awards to eligible applicants; provided, however, that
such awards may be in an amount lower than such requested funding, on a
per applicant or aggregate basis.
§ 8. Paragraph (v) of subdivision (g) of section 2826 of the public
health law, as added by section 6 of part J of chapter 60 of the laws of
2015, is amended to read as follows:
(v) Payments made to awardees pursuant to this subdivision [shall be]
THAT ARE made on a monthly basis[. Such payments] will be based on the
applicant's actual monthly financial performance during such period and
the reasonable cash amount necessary to sustain operations for the
following month. The applicant's monthly financial performance shall be
measured by such applicant's monthly financial and activity reports,
which shall include, but not be limited to, actual revenue and expenses
for the prior month, projected cash need for the current month, and
projected cash need for the following month.
§ 9. Part I of chapter 57 of the laws of 2022 relating to providing a
one percent across the board payment increase to all qualifying fee-for-
service Medicaid rates, is amended by adding a new section 1-a to read
as follows:
S. 4007--A 94 A. 3007--A
§ 1-A. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, FOR THE
STATE FISCAL YEARS BEGINNING APRIL 1, 2023, AND THEREAFTER, MEDICAID
PAYMENTS MADE FOR THE OPERATING COMPONENT OF HOSPITAL INPATIENT SERVICES
SHALL BE SUBJECT TO A UNIFORM RATE INCREASE OF FIVE PERCENT IN ADDITION
TO THE INCREASE CONTAINED IN SECTION ONE OF THIS ACT, SUBJECT TO THE
APPROVAL OF THE COMMISSIONER OF HEALTH AND THE DIRECTOR OF THE BUDGET.
SUCH RATE INCREASE SHALL BE SUBJECT TO FEDERAL FINANCIAL PARTICIPATION.
§ 10. This act shall take effect immediately; provided that sections
two and three of this act shall take effect on the sixtieth day after it
shall have become a law; provided, further, that sections one, four,
five, six, seven, eight, and nine of this act shall be deemed to have
been in full force and effect on and after April 1, 2023.
PART F
Section 1. Paragraph (a) of subdivision 1 of section 18 of chapter 266
of the laws of 1986, amending the civil practice law and rules and other
laws relating to malpractice and professional medical conduct, as
amended by section 1 of part Z of chapter 57 of the laws of 2022, is
amended to read as follows:
(a) The superintendent of financial services and the commissioner of
health or their designee shall, from funds available in the hospital
excess liability pool created pursuant to subdivision 5 of this section,
purchase a policy or policies for excess insurance coverage, as author-
ized by paragraph 1 of subsection (e) of section 5502 of the insurance
law; or from an insurer, other than an insurer described in section 5502
of the insurance law, duly authorized to write such coverage and actual-
ly writing medical malpractice insurance in this state; or shall
purchase equivalent excess coverage in a form previously approved by the
superintendent of financial services for purposes of providing equiv-
alent excess coverage in accordance with section 19 of chapter 294 of
the laws of 1985, for medical or dental malpractice occurrences between
July 1, 1986 and June 30, 1987, between July 1, 1987 and June 30, 1988,
between July 1, 1988 and June 30, 1989, between July 1, 1989 and June
30, 1990, between July 1, 1990 and June 30, 1991, between July 1, 1991
and June 30, 1992, between July 1, 1992 and June 30, 1993, between July
1, 1993 and June 30, 1994, between July 1, 1994 and June 30, 1995,
between July 1, 1995 and June 30, 1996, between July 1, 1996 and June
30, 1997, between July 1, 1997 and June 30, 1998, between July 1, 1998
and June 30, 1999, between July 1, 1999 and June 30, 2000, between July
1, 2000 and June 30, 2001, between July 1, 2001 and June 30, 2002,
between July 1, 2002 and June 30, 2003, between July 1, 2003 and June
30, 2004, between July 1, 2004 and June 30, 2005, between July 1, 2005
and June 30, 2006, between July 1, 2006 and June 30, 2007, between July
1, 2007 and June 30, 2008, between July 1, 2008 and June 30, 2009,
between July 1, 2009 and June 30, 2010, between July 1, 2010 and June
30, 2011, between July 1, 2011 and June 30, 2012, between July 1, 2012
and June 30, 2013, between July 1, 2013 and June 30, 2014, between July
1, 2014 and June 30, 2015, between July 1, 2015 and June 30, 2016,
between July 1, 2016 and June 30, 2017, between July 1, 2017 and June
30, 2018, between July 1, 2018 and June 30, 2019, between July 1, 2019
and June 30, 2020, between July 1, 2020 and June 30, 2021, between July
1, 2021 and June 30, 2022, [and] between July 1, 2022 and June 30, 2023,
AND BETWEEN JULY 1, 2023 AND JUNE 30, 2024 or reimburse the hospital
where the hospital purchases equivalent excess coverage as defined in
subparagraph (i) of paragraph (a) of subdivision 1-a of this section for
S. 4007--A 95 A. 3007--A
medical or dental malpractice occurrences between July 1, 1987 and June
30, 1988, between July 1, 1988 and June 30, 1989, between July 1, 1989
and June 30, 1990, between July 1, 1990 and June 30, 1991, between July
1, 1991 and June 30, 1992, between July 1, 1992 and June 30, 1993,
between July 1, 1993 and June 30, 1994, between July 1, 1994 and June
30, 1995, between July 1, 1995 and June 30, 1996, between July 1, 1996
and June 30, 1997, between July 1, 1997 and June 30, 1998, between July
1, 1998 and June 30, 1999, between July 1, 1999 and June 30, 2000,
between July 1, 2000 and June 30, 2001, between July 1, 2001 and June
30, 2002, between July 1, 2002 and June 30, 2003, between July 1, 2003
and June 30, 2004, between July 1, 2004 and June 30, 2005, between July
1, 2005 and June 30, 2006, between July 1, 2006 and June 30, 2007,
between July 1, 2007 and June 30, 2008, between July 1, 2008 and June
30, 2009, between July 1, 2009 and June 30, 2010, between July 1, 2010
and June 30, 2011, between July 1, 2011 and June 30, 2012, between July
1, 2012 and June 30, 2013, between July 1, 2013 and June 30, 2014,
between July 1, 2014 and June 30, 2015, between July 1, 2015 and June
30, 2016, between July 1, 2016 and June 30, 2017, between July 1, 2017
and June 30, 2018, between July 1, 2018 and June 30, 2019, between July
1, 2019 and June 30, 2020, between July 1, 2020 and June 30, 2021,
between July 1, 2021 and June 30, 2022, [and] between July 1, 2022 and
June 30, 2023, AND BETWEEN JULY 1, 2023 AND JUNE 30, 2024 for physicians
or dentists certified as eligible for each such period or periods pursu-
ant to subdivision 2 of this section by a general hospital licensed
pursuant to article 28 of the public health law; provided that no single
insurer shall write more than fifty percent of the total excess premium
for a given policy year; and provided, however, that such eligible
physicians or dentists must have in force an individual policy, from an
insurer licensed in this state of primary malpractice insurance coverage
in amounts of no less than one million three hundred thousand dollars
for each claimant and three million nine hundred thousand dollars for
all claimants under that policy during the period of such excess cover-
age for such occurrences or be endorsed as additional insureds under a
hospital professional liability policy which is offered through a volun-
tary attending physician ("channeling") program previously permitted by
the superintendent of financial services during the period of such
excess coverage for such occurrences. During such period, such policy
for excess coverage or such equivalent excess coverage shall, when
combined with the physician's or dentist's primary malpractice insurance
coverage or coverage provided through a voluntary attending physician
("channeling") program, total an aggregate level of two million three
hundred thousand dollars for each claimant and six million nine hundred
thousand dollars for all claimants from all such policies with respect
to occurrences in each of such years provided, however, if the cost of
primary malpractice insurance coverage in excess of one million dollars,
but below the excess medical malpractice insurance coverage provided
pursuant to this act, exceeds the rate of nine percent per annum, then
the required level of primary malpractice insurance coverage in excess
of one million dollars for each claimant shall be in an amount of not
less than the dollar amount of such coverage available at nine percent
per annum; the required level of such coverage for all claimants under
that policy shall be in an amount not less than three times the dollar
amount of coverage for each claimant; and excess coverage, when combined
with such primary malpractice insurance coverage, shall increase the
aggregate level for each claimant by one million dollars and three
million dollars for all claimants; and provided further, that, with
S. 4007--A 96 A. 3007--A
respect to policies of primary medical malpractice coverage that include
occurrences between April 1, 2002 and June 30, 2002, such requirement
that coverage be in amounts no less than one million three hundred thou-
sand dollars for each claimant and three million nine hundred thousand
dollars for all claimants for such occurrences shall be effective April
1, 2002.
§ 2. Subdivision 3 of section 18 of chapter 266 of the laws of 1986,
amending the civil practice law and rules and other laws relating to
malpractice and professional medical conduct, as amended by section 2 of
part Z of chapter 57 of the laws of 2022, is amended to read as follows:
(3)(a) The superintendent of financial services shall determine and
certify to each general hospital and to the commissioner of health the
cost of excess malpractice insurance for medical or dental malpractice
occurrences between July 1, 1986 and June 30, 1987, between July 1, 1988
and June 30, 1989, between July 1, 1989 and June 30, 1990, between July
1, 1990 and June 30, 1991, between July 1, 1991 and June 30, 1992,
between July 1, 1992 and June 30, 1993, between July 1, 1993 and June
30, 1994, between July 1, 1994 and June 30, 1995, between July 1, 1995
and June 30, 1996, between July 1, 1996 and June 30, 1997, between July
1, 1997 and June 30, 1998, between July 1, 1998 and June 30, 1999,
between July 1, 1999 and June 30, 2000, between July 1, 2000 and June
30, 2001, between July 1, 2001 and June 30, 2002, between July 1, 2002
and June 30, 2003, between July 1, 2003 and June 30, 2004, between July
1, 2004 and June 30, 2005, between July 1, 2005 and June 30, 2006,
between July 1, 2006 and June 30, 2007, between July 1, 2007 and June
30, 2008, between July 1, 2008 and June 30, 2009, between July 1, 2009
and June 30, 2010, between July 1, 2010 and June 30, 2011, between July
1, 2011 and June 30, 2012, between July 1, 2012 and June 30, 2013,
between July 1, 2013 and June 30, 2014, between July 1, 2014 and June
30, 2015, between July 1, 2015 and June 30, 2016, between July 1, 2016
and June 30, 2017, between July 1, 2017 and June 30, 2018, between July
1, 2018 and June 30, 2019, between July 1, 2019 and June 30, 2020,
between July 1, 2020 and June 30, 2021, between July 1, 2021 and June
30, 2022, [and] between July 1, 2022 and June 30, 2023, AND BETWEEN JULY
1, 2023 AND JUNE 30, 2024 allocable to each general hospital for physi-
cians or dentists certified as eligible for purchase of a policy for
excess insurance coverage by such general hospital in accordance with
subdivision 2 of this section, and may amend such determination and
certification as necessary.
(b) The superintendent of financial services shall determine and
certify to each general hospital and to the commissioner of health the
cost of excess malpractice insurance or equivalent excess coverage for
medical or dental malpractice occurrences between July 1, 1987 and June
30, 1988, between July 1, 1988 and June 30, 1989, between July 1, 1989
and June 30, 1990, between July 1, 1990 and June 30, 1991, between July
1, 1991 and June 30, 1992, between July 1, 1992 and June 30, 1993,
between July 1, 1993 and June 30, 1994, between July 1, 1994 and June
30, 1995, between July 1, 1995 and June 30, 1996, between July 1, 1996
and June 30, 1997, between July 1, 1997 and June 30, 1998, between July
1, 1998 and June 30, 1999, between July 1, 1999 and June 30, 2000,
between July 1, 2000 and June 30, 2001, between July 1, 2001 and June
30, 2002, between July 1, 2002 and June 30, 2003, between July 1, 2003
and June 30, 2004, between July 1, 2004 and June 30, 2005, between July
1, 2005 and June 30, 2006, between July 1, 2006 and June 30, 2007,
between July 1, 2007 and June 30, 2008, between July 1, 2008 and June
30, 2009, between July 1, 2009 and June 30, 2010, between July 1, 2010
S. 4007--A 97 A. 3007--A
and June 30, 2011, between July 1, 2011 and June 30, 2012, between July
1, 2012 and June 30, 2013, between July 1, 2013 and June 30, 2014,
between July 1, 2014 and June 30, 2015, between July 1, 2015 and June
30, 2016, between July 1, 2016 and June 30, 2017, between July 1, 2017
and June 30, 2018, between July 1, 2018 and June 30, 2019, between July
1, 2019 and June 30, 2020, between July 1, 2020 and June 30, 2021,
between July 1, 2021 and June 30, 2022, [and] between July 1, 2022 and
June 30, 2023, AND BETWEEN JULY 1, 2023 AND JUNE 30, 2024 allocable to
each general hospital for physicians or dentists certified as eligible
for purchase of a policy for excess insurance coverage or equivalent
excess coverage by such general hospital in accordance with subdivision
2 of this section, and may amend such determination and certification as
necessary. The superintendent of financial services shall determine and
certify to each general hospital and to the commissioner of health the
ratable share of such cost allocable to the period July 1, 1987 to
December 31, 1987, to the period January 1, 1988 to June 30, 1988, to
the period July 1, 1988 to December 31, 1988, to the period January 1,
1989 to June 30, 1989, to the period July 1, 1989 to December 31, 1989,
to the period January 1, 1990 to June 30, 1990, to the period July 1,
1990 to December 31, 1990, to the period January 1, 1991 to June 30,
1991, to the period July 1, 1991 to December 31, 1991, to the period
January 1, 1992 to June 30, 1992, to the period July 1, 1992 to December
31, 1992, to the period January 1, 1993 to June 30, 1993, to the period
July 1, 1993 to December 31, 1993, to the period January 1, 1994 to June
30, 1994, to the period July 1, 1994 to December 31, 1994, to the period
January 1, 1995 to June 30, 1995, to the period July 1, 1995 to December
31, 1995, to the period January 1, 1996 to June 30, 1996, to the period
July 1, 1996 to December 31, 1996, to the period January 1, 1997 to June
30, 1997, to the period July 1, 1997 to December 31, 1997, to the period
January 1, 1998 to June 30, 1998, to the period July 1, 1998 to December
31, 1998, to the period January 1, 1999 to June 30, 1999, to the period
July 1, 1999 to December 31, 1999, to the period January 1, 2000 to June
30, 2000, to the period July 1, 2000 to December 31, 2000, to the period
January 1, 2001 to June 30, 2001, to the period July 1, 2001 to June 30,
2002, to the period July 1, 2002 to June 30, 2003, to the period July 1,
2003 to June 30, 2004, to the period July 1, 2004 to June 30, 2005, to
the period July 1, 2005 and June 30, 2006, to the period July 1, 2006
and June 30, 2007, to the period July 1, 2007 and June 30, 2008, to the
period July 1, 2008 and June 30, 2009, to the period July 1, 2009 and
June 30, 2010, to the period July 1, 2010 and June 30, 2011, to the
period July 1, 2011 and June 30, 2012, to the period July 1, 2012 and
June 30, 2013, to the period July 1, 2013 and June 30, 2014, to the
period July 1, 2014 and June 30, 2015, to the period July 1, 2015 and
June 30, 2016, to the period July 1, 2016 and June 30, 2017, to the
period July 1, 2017 to June 30, 2018, to the period July 1, 2018 to June
30, 2019, to the period July 1, 2019 to June 30, 2020, to the period
July 1, 2020 to June 30, 2021, to the period July 1, 2021 to June 30,
2022, [and] to the period July 1, 2022 to June 30, 2023, AND TO THE
PERIOD JULY 1, 2023 TO JUNE 30, 2024.
§ 3. Paragraphs (a), (b), (c), (d) and (e) of subdivision 8 of section
18 of chapter 266 of the laws of 1986, amending the civil practice law
and rules and other laws relating to malpractice and professional
medical conduct, as amended by section 3 of part Z of chapter 57 of the
laws of 2022, are amended to read as follows:
(a) To the extent funds available to the hospital excess liability
pool pursuant to subdivision 5 of this section as amended, and pursuant
S. 4007--A 98 A. 3007--A
to section 6 of part J of chapter 63 of the laws of 2001, as may from
time to time be amended, which amended this subdivision, are insuffi-
cient to meet the costs of excess insurance coverage or equivalent
excess coverage for coverage periods during the period July 1, 1992 to
June 30, 1993, during the period July 1, 1993 to June 30, 1994, during
the period July 1, 1994 to June 30, 1995, during the period July 1, 1995
to June 30, 1996, during the period July 1, 1996 to June 30, 1997,
during the period July 1, 1997 to June 30, 1998, during the period July
1, 1998 to June 30, 1999, during the period July 1, 1999 to June 30,
2000, during the period July 1, 2000 to June 30, 2001, during the period
July 1, 2001 to October 29, 2001, during the period April 1, 2002 to
June 30, 2002, during the period July 1, 2002 to June 30, 2003, during
the period July 1, 2003 to June 30, 2004, during the period July 1, 2004
to June 30, 2005, during the period July 1, 2005 to June 30, 2006,
during the period July 1, 2006 to June 30, 2007, during the period July
1, 2007 to June 30, 2008, during the period July 1, 2008 to June 30,
2009, during the period July 1, 2009 to June 30, 2010, during the period
July 1, 2010 to June 30, 2011, during the period July 1, 2011 to June
30, 2012, during the period July 1, 2012 to June 30, 2013, during the
period July 1, 2013 to June 30, 2014, during the period July 1, 2014 to
June 30, 2015, during the period July 1, 2015 to June 30, 2016, during
the period July 1, 2016 to June 30, 2017, during the period July 1, 2017
to June 30, 2018, during the period July 1, 2018 to June 30, 2019,
during the period July 1, 2019 to June 30, 2020, during the period July
1, 2020 to June 30, 2021, during the period July 1, 2021 to June 30,
2022, [and] during the period July 1, 2022 to June 30, 2023, AND DURING
THE PERIOD JULY 1, 2023 TO JUNE 30, 2024 allocated or reallocated in
accordance with paragraph (a) of subdivision 4-a of this section to
rates of payment applicable to state governmental agencies, each physi-
cian or dentist for whom a policy for excess insurance coverage or
equivalent excess coverage is purchased for such period shall be respon-
sible for payment to the provider of excess insurance coverage or equiv-
alent excess coverage of an allocable share of such insufficiency, based
on the ratio of the total cost of such coverage for such physician to
the sum of the total cost of such coverage for all physicians applied to
such insufficiency.
(b) Each provider of excess insurance coverage or equivalent excess
coverage covering the period July 1, 1992 to June 30, 1993, or covering
the period July 1, 1993 to June 30, 1994, or covering the period July 1,
1994 to June 30, 1995, or covering the period July 1, 1995 to June 30,
1996, or covering the period July 1, 1996 to June 30, 1997, or covering
the period July 1, 1997 to June 30, 1998, or covering the period July 1,
1998 to June 30, 1999, or covering the period July 1, 1999 to June 30,
2000, or covering the period July 1, 2000 to June 30, 2001, or covering
the period July 1, 2001 to October 29, 2001, or covering the period
April 1, 2002 to June 30, 2002, or covering the period July 1, 2002 to
June 30, 2003, or covering the period July 1, 2003 to June 30, 2004, or
covering the period July 1, 2004 to June 30, 2005, or covering the peri-
od July 1, 2005 to June 30, 2006, or covering the period July 1, 2006 to
June 30, 2007, or covering the period July 1, 2007 to June 30, 2008, or
covering the period July 1, 2008 to June 30, 2009, or covering the peri-
od July 1, 2009 to June 30, 2010, or covering the period July 1, 2010 to
June 30, 2011, or covering the period July 1, 2011 to June 30, 2012, or
covering the period July 1, 2012 to June 30, 2013, or covering the peri-
od July 1, 2013 to June 30, 2014, or covering the period July 1, 2014 to
June 30, 2015, or covering the period July 1, 2015 to June 30, 2016, or
S. 4007--A 99 A. 3007--A
covering the period July 1, 2016 to June 30, 2017, or covering the peri-
od July 1, 2017 to June 30, 2018, or covering the period July 1, 2018 to
June 30, 2019, or covering the period July 1, 2019 to June 30, 2020, or
covering the period July 1, 2020 to June 30, 2021, or covering the peri-
od July 1, 2021 to June 30, 2022, or covering the period July 1, 2022 to
June 30, 2023, OR COVERING THE PERIOD JULY 1, 2023 TO JUNE 30, 2024
shall notify a covered physician or dentist by mail, mailed to the
address shown on the last application for excess insurance coverage or
equivalent excess coverage, of the amount due to such provider from such
physician or dentist for such coverage period determined in accordance
with paragraph (a) of this subdivision. Such amount shall be due from
such physician or dentist to such provider of excess insurance coverage
or equivalent excess coverage in a time and manner determined by the
superintendent of financial services.
(c) If a physician or dentist liable for payment of a portion of the
costs of excess insurance coverage or equivalent excess coverage cover-
ing the period July 1, 1992 to June 30, 1993, or covering the period
July 1, 1993 to June 30, 1994, or covering the period July 1, 1994 to
June 30, 1995, or covering the period July 1, 1995 to June 30, 1996, or
covering the period July 1, 1996 to June 30, 1997, or covering the peri-
od July 1, 1997 to June 30, 1998, or covering the period July 1, 1998 to
June 30, 1999, or covering the period July 1, 1999 to June 30, 2000, or
covering the period July 1, 2000 to June 30, 2001, or covering the peri-
od July 1, 2001 to October 29, 2001, or covering the period April 1,
2002 to June 30, 2002, or covering the period July 1, 2002 to June 30,
2003, or covering the period July 1, 2003 to June 30, 2004, or covering
the period July 1, 2004 to June 30, 2005, or covering the period July 1,
2005 to June 30, 2006, or covering the period July 1, 2006 to June 30,
2007, or covering the period July 1, 2007 to June 30, 2008, or covering
the period July 1, 2008 to June 30, 2009, or covering the period July 1,
2009 to June 30, 2010, or covering the period July 1, 2010 to June 30,
2011, or covering the period July 1, 2011 to June 30, 2012, or covering
the period July 1, 2012 to June 30, 2013, or covering the period July 1,
2013 to June 30, 2014, or covering the period July 1, 2014 to June 30,
2015, or covering the period July 1, 2015 to June 30, 2016, or covering
the period July 1, 2016 to June 30, 2017, or covering the period July 1,
2017 to June 30, 2018, or covering the period July 1, 2018 to June 30,
2019, or covering the period July 1, 2019 to June 30, 2020, or covering
the period July 1, 2020 to June 30, 2021, or covering the period July 1,
2021 to June 30, 2022, or covering the period July 1, 2022 to June 30,
2023, OR COVERING THE PERIOD JULY 1, 2023 TO JUNE 30, 2024 determined in
accordance with paragraph (a) of this subdivision fails, refuses or
neglects to make payment to the provider of excess insurance coverage or
equivalent excess coverage in such time and manner as determined by the
superintendent of financial services pursuant to paragraph (b) of this
subdivision, excess insurance coverage or equivalent excess coverage
purchased for such physician or dentist in accordance with this section
for such coverage period shall be cancelled and shall be null and void
as of the first day on or after the commencement of a policy period
where the liability for payment pursuant to this subdivision has not
been met.
(d) Each provider of excess insurance coverage or equivalent excess
coverage shall notify the superintendent of financial services and the
commissioner of health or their designee of each physician and dentist
eligible for purchase of a policy for excess insurance coverage or
equivalent excess coverage covering the period July 1, 1992 to June 30,
S. 4007--A 100 A. 3007--A
1993, or covering the period July 1, 1993 to June 30, 1994, or covering
the period July 1, 1994 to June 30, 1995, or covering the period July 1,
1995 to June 30, 1996, or covering the period July 1, 1996 to June 30,
1997, or covering the period July 1, 1997 to June 30, 1998, or covering
the period July 1, 1998 to June 30, 1999, or covering the period July 1,
1999 to June 30, 2000, or covering the period July 1, 2000 to June 30,
2001, or covering the period July 1, 2001 to October 29, 2001, or cover-
ing the period April 1, 2002 to June 30, 2002, or covering the period
July 1, 2002 to June 30, 2003, or covering the period July 1, 2003 to
June 30, 2004, or covering the period July 1, 2004 to June 30, 2005, or
covering the period July 1, 2005 to June 30, 2006, or covering the peri-
od July 1, 2006 to June 30, 2007, or covering the period July 1, 2007 to
June 30, 2008, or covering the period July 1, 2008 to June 30, 2009, or
covering the period July 1, 2009 to June 30, 2010, or covering the peri-
od July 1, 2010 to June 30, 2011, or covering the period July 1, 2011 to
June 30, 2012, or covering the period July 1, 2012 to June 30, 2013, or
covering the period July 1, 2013 to June 30, 2014, or covering the peri-
od July 1, 2014 to June 30, 2015, or covering the period July 1, 2015 to
June 30, 2016, or covering the period July 1, 2016 to June 30, 2017, or
covering the period July 1, 2017 to June 30, 2018, or covering the peri-
od July 1, 2018 to June 30, 2019, or covering the period July 1, 2019 to
June 30, 2020, or covering the period July 1, 2020 to June 30, 2021, or
covering the period July 1, 2021 to June 30, 2022, or covering the peri-
od July 1, 2022 to June [1] 30, 2023, OR COVERING THE PERIOD JULY 1,
2023 TO JUNE 30, 2024 that has made payment to such provider of excess
insurance coverage or equivalent excess coverage in accordance with
paragraph (b) of this subdivision and of each physician and dentist who
has failed, refused or neglected to make such payment.
(e) A provider of excess insurance coverage or equivalent excess
coverage shall refund to the hospital excess liability pool any amount
allocable to the period July 1, 1992 to June 30, 1993, and to the period
July 1, 1993 to June 30, 1994, and to the period July 1, 1994 to June
30, 1995, and to the period July 1, 1995 to June 30, 1996, and to the
period July 1, 1996 to June 30, 1997, and to the period July 1, 1997 to
June 30, 1998, and to the period July 1, 1998 to June 30, 1999, and to
the period July 1, 1999 to June 30, 2000, and to the period July 1, 2000
to June 30, 2001, and to the period July 1, 2001 to October 29, 2001,
and to the period April 1, 2002 to June 30, 2002, and to the period July
1, 2002 to June 30, 2003, and to the period July 1, 2003 to June 30,
2004, and to the period July 1, 2004 to June 30, 2005, and to the period
July 1, 2005 to June 30, 2006, and to the period July 1, 2006 to June
30, 2007, and to the period July 1, 2007 to June 30, 2008, and to the
period July 1, 2008 to June 30, 2009, and to the period July 1, 2009 to
June 30, 2010, and to the period July 1, 2010 to June 30, 2011, and to
the period July 1, 2011 to June 30, 2012, and to the period July 1, 2012
to June 30, 2013, and to the period July 1, 2013 to June 30, 2014, and
to the period July 1, 2014 to June 30, 2015, and to the period July 1,
2015 to June 30, 2016, to the period July 1, 2016 to June 30, 2017, and
to the period July 1, 2017 to June 30, 2018, and to the period July 1,
2018 to June 30, 2019, and to the period July 1, 2019 to June 30, 2020,
and to the period July 1, 2020 to June 30, 2021, and to the period July
1, 2021 to June 30, 2022, and to the period July 1, 2022 to June 30,
2023, AND TO THE PERIOD JULY 1, 2023 TO JUNE 30, 2024 received from the
hospital excess liability pool for purchase of excess insurance coverage
or equivalent excess coverage covering the period July 1, 1992 to June
30, 1993, and covering the period July 1, 1993 to June 30, 1994, and
S. 4007--A 101 A. 3007--A
covering the period July 1, 1994 to June 30, 1995, and covering the
period July 1, 1995 to June 30, 1996, and covering the period July 1,
1996 to June 30, 1997, and covering the period July 1, 1997 to June 30,
1998, and covering the period July 1, 1998 to June 30, 1999, and cover-
ing the period July 1, 1999 to June 30, 2000, and covering the period
July 1, 2000 to June 30, 2001, and covering the period July 1, 2001 to
October 29, 2001, and covering the period April 1, 2002 to June 30,
2002, and covering the period July 1, 2002 to June 30, 2003, and cover-
ing the period July 1, 2003 to June 30, 2004, and covering the period
July 1, 2004 to June 30, 2005, and covering the period July 1, 2005 to
June 30, 2006, and covering the period July 1, 2006 to June 30, 2007,
and covering the period July 1, 2007 to June 30, 2008, and covering the
period July 1, 2008 to June 30, 2009, and covering the period July 1,
2009 to June 30, 2010, and covering the period July 1, 2010 to June 30,
2011, and covering the period July 1, 2011 to June 30, 2012, and cover-
ing the period July 1, 2012 to June 30, 2013, and covering the period
July 1, 2013 to June 30, 2014, and covering the period July 1, 2014 to
June 30, 2015, and covering the period July 1, 2015 to June 30, 2016,
and covering the period July 1, 2016 to June 30, 2017, and covering the
period July 1, 2017 to June 30, 2018, and covering the period July 1,
2018 to June 30, 2019, and covering the period July 1, 2019 to June 30,
2020, and covering the period July 1, 2020 to June 30, 2021, and cover-
ing the period July 1, 2021 to June 30, 2022, and covering the period
July 1, 2022 to June 30, 2023 for, AND COVERING THE PERIOD JULY 1, 2023
TO JUNE 30, 2024 a physician or dentist where such excess insurance
coverage or equivalent excess coverage is cancelled in accordance with
paragraph (c) of this subdivision.
§ 4. Section 40 of chapter 266 of the laws of 1986, amending the civil
practice law and rules and other laws relating to malpractice and
professional medical conduct, as amended by section 4 of part Z of chap-
ter 57 of the laws of 2022, is amended to read as follows:
§ 40. The superintendent of financial services shall establish rates
for policies providing coverage for physicians and surgeons medical
malpractice for the periods commencing July 1, 1985 and ending June 30,
[2023] 2024; provided, however, that notwithstanding any other provision
of law, the superintendent shall not establish or approve any increase
in rates for the period commencing July 1, 2009 and ending June 30,
2010. The superintendent shall direct insurers to establish segregated
accounts for premiums, payments, reserves and investment income attrib-
utable to such premium periods and shall require periodic reports by the
insurers regarding claims and expenses attributable to such periods to
monitor whether such accounts will be sufficient to meet incurred claims
and expenses. On or after July 1, 1989, the superintendent shall impose
a surcharge on premiums to satisfy a projected deficiency that is
attributable to the premium levels established pursuant to this section
for such periods; provided, however, that such annual surcharge shall
not exceed eight percent of the established rate until July 1, [2023]
2024, at which time and thereafter such surcharge shall not exceed twen-
ty-five percent of the approved adequate rate, and that such annual
surcharges shall continue for such period of time as shall be sufficient
to satisfy such deficiency. The superintendent shall not impose such
surcharge during the period commencing July 1, 2009 and ending June 30,
2010. On and after July 1, 1989, the surcharge prescribed by this
section shall be retained by insurers to the extent that they insured
physicians and surgeons during the July 1, 1985 through June 30, [2023]
2024 policy periods; in the event and to the extent physicians and
S. 4007--A 102 A. 3007--A
surgeons were insured by another insurer during such periods, all or a
pro rata share of the surcharge, as the case may be, shall be remitted
to such other insurer in accordance with rules and regulations to be
promulgated by the superintendent. Surcharges collected from physicians
and surgeons who were not insured during such policy periods shall be
apportioned among all insurers in proportion to the premium written by
each insurer during such policy periods; if a physician or surgeon was
insured by an insurer subject to rates established by the superintendent
during such policy periods, and at any time thereafter a hospital,
health maintenance organization, employer or institution is responsible
for responding in damages for liability arising out of such physician's
or surgeon's practice of medicine, such responsible entity shall also
remit to such prior insurer the equivalent amount that would then be
collected as a surcharge if the physician or surgeon had continued to
remain insured by such prior insurer. In the event any insurer that
provided coverage during such policy periods is in liquidation, the
property/casualty insurance security fund shall receive the portion of
surcharges to which the insurer in liquidation would have been entitled.
The surcharges authorized herein shall be deemed to be income earned for
the purposes of section 2303 of the insurance law. The superintendent,
in establishing adequate rates and in determining any projected defi-
ciency pursuant to the requirements of this section and the insurance
law, shall give substantial weight, determined in his discretion and
judgment, to the prospective anticipated effect of any regulations
promulgated and laws enacted and the public benefit of stabilizing
malpractice rates and minimizing rate level fluctuation during the peri-
od of time necessary for the development of more reliable statistical
experience as to the efficacy of such laws and regulations affecting
medical, dental or podiatric malpractice enacted or promulgated in 1985,
1986, by this act and at any other time. Notwithstanding any provision
of the insurance law, rates already established and to be established by
the superintendent pursuant to this section are deemed adequate if such
rates would be adequate when taken together with the maximum authorized
annual surcharges to be imposed for a reasonable period of time whether
or not any such annual surcharge has been actually imposed as of the
establishment of such rates.
§ 5. Section 5 and subdivisions (a) and (e) of section 6 of part J of
chapter 63 of the laws of 2001, amending chapter 266 of the laws of
1986, amending the civil practice law and rules and other laws relating
to malpractice and professional medical conduct, as amended by section 5
of part Z of chapter 57 of the laws of 2022, are amended to read as
follows:
§ 5. The superintendent of financial services and the commissioner of
health shall determine, no later than June 15, 2002, June 15, 2003, June
15, 2004, June 15, 2005, June 15, 2006, June 15, 2007, June 15, 2008,
June 15, 2009, June 15, 2010, June 15, 2011, June 15, 2012, June 15,
2013, June 15, 2014, June 15, 2015, June 15, 2016, June 15, 2017, June
15, 2018, June 15, 2019, June 15, 2020, June 15, 2021, June 15, 2022,
[and] June 15, 2023, AND JUNE 15, 2024 the amount of funds available in
the hospital excess liability pool, created pursuant to section 18 of
chapter 266 of the laws of 1986, and whether such funds are sufficient
for purposes of purchasing excess insurance coverage for eligible
participating physicians and dentists during the period July 1, 2001 to
June 30, 2002, or July 1, 2002 to June 30, 2003, or July 1, 2003 to June
30, 2004, or July 1, 2004 to June 30, 2005, or July 1, 2005 to June 30,
2006, or July 1, 2006 to June 30, 2007, or July 1, 2007 to June 30,
S. 4007--A 103 A. 3007--A
2008, or July 1, 2008 to June 30, 2009, or July 1, 2009 to June 30,
2010, or July 1, 2010 to June 30, 2011, or July 1, 2011 to June 30,
2012, or July 1, 2012 to June 30, 2013, or July 1, 2013 to June 30,
2014, or July 1, 2014 to June 30, 2015, or July 1, 2015 to June 30,
2016, or July 1, 2016 to June 30, 2017, or July 1, 2017 to June 30,
2018, or July 1, 2018 to June 30, 2019, or July 1, 2019 to June 30,
2020, or July 1, 2020 to June 30, 2021, or July 1, 2021 to June 30,
2022, or July 1, 2022 to June 30, 2023, OR JULY 1, 2023 TO JUNE 30, 2024
as applicable.
(a) This section shall be effective only upon a determination, pursu-
ant to section five of this act, by the superintendent of financial
services and the commissioner of health, and a certification of such
determination to the state director of the budget, the chair of the
senate committee on finance and the chair of the assembly committee on
ways and means, that the amount of funds in the hospital excess liabil-
ity pool, created pursuant to section 18 of chapter 266 of the laws of
1986, is insufficient for purposes of purchasing excess insurance cover-
age for eligible participating physicians and dentists during the period
July 1, 2001 to June 30, 2002, or July 1, 2002 to June 30, 2003, or July
1, 2003 to June 30, 2004, or July 1, 2004 to June 30, 2005, or July 1,
2005 to June 30, 2006, or July 1, 2006 to June 30, 2007, or July 1, 2007
to June 30, 2008, or July 1, 2008 to June 30, 2009, or July 1, 2009 to
June 30, 2010, or July 1, 2010 to June 30, 2011, or July 1, 2011 to June
30, 2012, or July 1, 2012 to June 30, 2013, or July 1, 2013 to June 30,
2014, or July 1, 2014 to June 30, 2015, or July 1, 2015 to June 30,
2016, or July 1, 2016 to June 30, 2017, or July 1, 2017 to June 30,
2018, or July 1, 2018 to June 30, 2019, or July 1, 2019 to June 30,
2020, or July 1, 2020 to June 30, 2021, or July 1, 2021 to June 30,
2022, or July 1, 2022 to June 30, 2023, OR JULY 1, 2023 TO JUNE 30, 2024
as applicable.
(e) The commissioner of health shall transfer for deposit to the
hospital excess liability pool created pursuant to section 18 of chapter
266 of the laws of 1986 such amounts as directed by the superintendent
of financial services for the purchase of excess liability insurance
coverage for eligible participating physicians and dentists for the
policy year July 1, 2001 to June 30, 2002, or July 1, 2002 to June 30,
2003, or July 1, 2003 to June 30, 2004, or July 1, 2004 to June 30,
2005, or July 1, 2005 to June 30, 2006, or July 1, 2006 to June 30,
2007, as applicable, and the cost of administering the hospital excess
liability pool for such applicable policy year, pursuant to the program
established in chapter 266 of the laws of 1986, as amended, no later
than June 15, 2002, June 15, 2003, June 15, 2004, June 15, 2005, June
15, 2006, June 15, 2007, June 15, 2008, June 15, 2009, June 15, 2010,
June 15, 2011, June 15, 2012, June 15, 2013, June 15, 2014, June 15,
2015, June 15, 2016, June 15, 2017, June 15, 2018, June 15, 2019, June
15, 2020, June 15, 2021, June 15, 2022, [and] June 15, 2023, AND JUNE
15, 2024 as applicable.
§ 6. Section 20 of part H of chapter 57 of the laws of 2017, amending
the New York Health Care Reform Act of 1996 and other laws relating to
extending certain provisions thereto, as amended by section 6 of part Z
of chapter 57 of the laws of 2022, is amended to read as follows:
§ 20. Notwithstanding any law, rule or regulation to the contrary,
only physicians or dentists who were eligible, and for whom the super-
intendent of financial services and the commissioner of health, or their
designee, purchased, with funds available in the hospital excess liabil-
ity pool, a full or partial policy for excess coverage or equivalent
S. 4007--A 104 A. 3007--A
excess coverage for the coverage period ending the thirtieth of June,
two thousand [twenty-two] TWENTY-THREE, shall be eligible to apply for
such coverage for the coverage period beginning the first of July, two
thousand [twenty-two] TWENTY-THREE; provided, however, if the total
number of physicians or dentists for whom such excess coverage or equiv-
alent excess coverage was purchased for the policy year ending the thir-
tieth of June, two thousand [twenty-two] TWENTY-THREE exceeds the total
number of physicians or dentists certified as eligible for the coverage
period beginning the first of July, two thousand [twenty-two] TWENTY-
THREE, then the general hospitals may certify additional eligible physi-
cians or dentists in a number equal to such general hospital's propor-
tional share of the total number of physicians or dentists for whom
excess coverage or equivalent excess coverage was purchased with funds
available in the hospital excess liability pool as of the thirtieth of
June, two thousand [twenty-two] TWENTY-THREE, as applied to the differ-
ence between the number of eligible physicians or dentists for whom a
policy for excess coverage or equivalent excess coverage was purchased
for the coverage period ending the thirtieth of June, two thousand
[twenty-two] TWENTY-THREE and the number of such eligible physicians or
dentists who have applied for excess coverage or equivalent excess
coverage for the coverage period beginning the first of July, two thou-
sand [twenty-two] TWENTY-THREE.
§ 7. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2023.
PART G
Section 1. Paragraph (a) of subdivision 12 of section 203 of the elder
law, as added by section 1 of part U of chapter 57 of the laws of 2019,
is amended to read as follows:
(a) The director is hereby authorized to implement private pay proto-
cols for programs and services administered by the office. These proto-
cols may be implemented by area agencies on aging at their option and
such protocols shall not be applied to services for a participant when
being paid for with federal funds or funds designated as federal match,
or for individuals with an income below [four] TWO hundred AND FIFTY
percent of the federal poverty level. All private payments received
directly by an area agency on aging or indirectly by one of its contrac-
tors shall be used to supplement, not supplant, funds by state, federal,
or county appropriations. Such private pay payments shall be set at a
cost to the participant of not more than twenty percent above either the
unit cost to the area agency on aging to provide the program or service
directly, or the amount that the area agency on aging pays to its
contractor to provide the program or service. Private pay payments
received under this subdivision shall be used by the area agency on
aging to first reduce any unmet need for programs and services, and then
to support and enhance services or programs provided by the area agency
on aging. No participant, regardless of income, shall be required to pay
for any program or service that they are receiving at the time these
protocols are implemented by the area agency on aging. This subdivision
shall not prevent cost sharing for the programs and services established
pursuant to section two hundred fourteen of this title [for individuals
below four hundred percent of the federal poverty level]. Consistent
with federal and state statute and regulations, when providing programs
and services, area agencies on aging and their contractors shall contin-
ue to give priority for programs and services to individuals with the
S. 4007--A 105 A. 3007--A
greatest economic or social needs. In the event that the capacity to
provide programs and services is limited, such programs and services
shall be provided to individuals with incomes below [four] TWO hundred
AND FIFTY percent of the federal poverty level before such programs and
services are provided to those participating in the private pay protocol
pursuant to this subdivision.
§ 2. This act shall take effect immediately.
PART H
Section 1. Section 5 of part AAA of chapter 56 of the laws of 2022,
amending the social services law relating to expanding Medicaid eligi-
bility requirements for seniors and disabled individuals, is amended to
read as follows:
§ 5. This act shall take effect January 1, 2023, subject to federal
financial participation for sections one, three, and four of this act;
provided, however that [the] SECTION TWO OF THIS ACT SHALL TAKE EFFECT
JANUARY 1, 2024. THE commissioner of health shall notify the legislative
bill drafting commission upon the occurrence of federal financial
participation in order that the commission may maintain an accurate and
timely effective data base of the official text of the laws of the state
of New York in furtherance of effectuating the provisions of section 44
of the legislative law and section 70-b of the public officers law.
§ 2. Short title. This act shall be known and may be cited as the
"1332 state innovation program".
§ 3. The social services law is amended by adding a new section 369-ii
to read as follows:
§ 369-II. 1332 STATE INNOVATION PROGRAM. 1. AUTHORIZATION. NOTWITH-
STANDING SECTION THREE HUNDRED SIXTY-NINE-GG OF THIS TITLE, SUBJECT TO
FEDERAL APPROVAL, IF IT IS IN THE FINANCIAL INTEREST OF THE STATE TO DO
SO, THE COMMISSIONER OF HEALTH IS AUTHORIZED, WITH THE APPROVAL OF THE
DIRECTOR OF THE BUDGET, TO ESTABLISH A 1332 STATE INNOVATION PROGRAM
PURSUANT TO SECTION 1332 OF THE PATIENT PROTECTION AND AFFORDABLE CARE
ACT (P.L. 111-148) AND SUBDIVISION TWENTY-FIVE OF SECTION TWO HUNDRED
SIXTY-EIGHT-C OF THE PUBLIC HEALTH LAW. THE COMMISSIONER OF HEALTH'S
AUTHORITY PURSUANT TO THIS SECTION IS CONTINGENT UPON OBTAINING AND
MAINTAINING ALL NECESSARY APPROVALS FROM THE SECRETARY OF HEALTH AND
HUMAN SERVICES AND THE SECRETARY OF THE TREASURY BASED ON AN APPLICATION
FOR A WAIVER FOR STATE INNOVATION. THE COMMISSIONER OF HEALTH MAY TAKE
ALL ACTIONS NECESSARY TO OBTAIN SUCH APPROVALS.
2. DEFINITIONS. FOR THE PURPOSES OF THIS SECTION:
(A) "ELIGIBLE ORGANIZATION" MEANS AN INSURER LICENSED PURSUANT TO
ARTICLE THIRTY-TWO OR FORTY-TWO OF THE INSURANCE LAW, A CORPORATION OR
AN ORGANIZATION UNDER ARTICLE FORTY-THREE OF THE INSURANCE LAW, OR AN
ORGANIZATION CERTIFIED UNDER ARTICLE FORTY-FOUR OF THE PUBLIC HEALTH
LAW, INCLUDING PROVIDERS CERTIFIED UNDER SECTION FORTY-FOUR HUNDRED
THREE-E OF THE PUBLIC HEALTH LAW.
(B) "APPROVED ORGANIZATION" MEANS AN ELIGIBLE ORGANIZATION APPROVED BY
THE COMMISSIONER OF HEALTH TO UNDERWRITE A 1332 STATE INNOVATION HEALTH
INSURANCE PLAN PURSUANT TO THIS SECTION.
(C) "HEALTH CARE SERVICES" MEANS:
(I) THE SERVICES AND SUPPLIES AS DEFINED BY THE COMMISSIONER OF HEALTH
IN CONSULTATION WITH THE SUPERINTENDENT OF FINANCIAL SERVICES, AND SHALL
BE CONSISTENT WITH AND SUBJECT TO THE ESSENTIAL HEALTH BENEFITS AS
DEFINED BY THE COMMISSIONER IN ACCORDANCE WITH THE PROVISIONS OF THE
PATIENT PROTECTION AND AFFORDABLE CARE ACT (P.L. 111-148) AND CONSISTENT
S. 4007--A 106 A. 3007--A
WITH THE BENEFITS PROVIDED BY THE REFERENCE PLAN SELECTED BY THE COMMIS-
SIONER OF HEALTH FOR THE PURPOSES OF DEFINING SUCH BENEFITS, AND SHALL
INCLUDE COVERAGE OF AND ACCESS TO THE SERVICES OF ANY NATIONAL CANCER
INSTITUTE-DESIGNATED CANCER CENTER LICENSED BY THE DEPARTMENT OF HEALTH
WITHIN THE SERVICE AREA OF THE APPROVED ORGANIZATION THAT IS WILLING TO
AGREE TO PROVIDE CANCER-RELATED INPATIENT, OUTPATIENT AND MEDICAL
SERVICES TO ALL ENROLLEES IN APPROVED ORGANIZATIONS' PLANS IN SUCH
CANCER CENTER'S SERVICE AREA UNDER THE PREVAILING TERMS AND CONDITIONS
THAT THE APPROVED ORGANIZATION REQUIRES OF OTHER SIMILAR PROVIDERS TO BE
INCLUDED IN THE APPROVED ORGANIZATION'S NETWORK, PROVIDED THAT SUCH
TERMS SHALL INCLUDE REIMBURSEMENT OF SUCH CENTER AT NO LESS THAN THE
FEE-FOR-SERVICE MEDICAID PAYMENT RATE AND METHODOLOGY APPLICABLE TO THE
CENTER'S INPATIENT AND OUTPATIENT SERVICES;
(II) DENTAL AND VISION SERVICES AS DEFINED BY THE COMMISSIONER OF
HEALTH, AND
(III) AS DEFINED BY THE COMMISSIONER OF HEALTH AND SUBJECT TO FEDERAL
APPROVAL, CERTAIN SERVICES AND SUPPORTS PROVIDED TO ENROLLEES WHO HAVE
FUNCTIONAL LIMITATIONS AND/OR CHRONIC ILLNESSES THAT HAVE THE PRIMARY
PURPOSE OF SUPPORTING THE ABILITY OF THE ENROLLEE TO LIVE OR WORK IN THE
SETTING OF THEIR CHOICE, WHICH MAY INCLUDE THE INDIVIDUAL'S HOME, A
WORKSITE, OR A PROVIDER-OWNED OR CONTROLLED RESIDENTIAL SETTING.
(D) "QUALIFIED HEALTH PLAN" MEANS A HEALTH PLAN THAT MEETS THE CRITE-
RIA FOR CERTIFICATION DESCRIBED IN § 1311(C) OF THE PATIENT PROTECTION
AND AFFORDABLE CARE ACT (P.L. 111-148), AND IS OFFERED TO INDIVIDUALS
THROUGH THE NY STATE OF HEALTH, THE OFFICIAL HEALTH MARKETPLACE, OR
MARKETPLACE, AS DEFINED IN SUBDIVISION TWO OF SECTION TWO HUNDRED
SIXTY-EIGHT-A OF THE PUBLIC HEALTH LAW.
(E) "BASIC HEALTH INSURANCE PLAN" MEANS A HEALTH PLAN PROVIDING HEALTH
CARE SERVICES, SEPARATE AND APART FROM QUALIFIED HEALTH PLANS, THAT IS
ISSUED BY AN APPROVED ORGANIZATION AND CERTIFIED IN ACCORDANCE WITH
SECTION THREE HUNDRED SIXTY-NINE-GG OF THIS TITLE.
(F) "1332 STATE INNOVATION PLAN" MEANS A STANDARD HEALTH PLAN PROVID-
ING HEALTH CARE SERVICES, SEPARATE AND APART FROM A QUALIFIED HEALTH
PLAN AND A BASIC HEALTH INSURANCE PLAN, THAT IS ISSUED BY AN APPROVED
ORGANIZATION AND CERTIFIED IN ACCORDANCE WITH THIS SECTION.
3. STATE INNOVATION PLAN ELIGIBLE INDIVIDUAL. (A) A PERSON IS ELIGIBLE
TO RECEIVE COVERAGE FOR HEALTH CARE UNDER THIS SECTION IF THEY:
(I) RESIDE IN NEW YORK STATE AND ARE UNDER SIXTY-FIVE YEARS OF AGE;
(II) ARE NOT ELIGIBLE FOR MEDICAL ASSISTANCE UNDER TITLE ELEVEN OF
THIS ARTICLE OR FOR THE CHILD HEALTH INSURANCE PLAN DESCRIBED IN TITLE
ONE-A OF ARTICLE TWENTY-FIVE OF THE PUBLIC HEALTH LAW;
(III) ARE NOT ELIGIBLE FOR MINIMUM ESSENTIAL COVERAGE, AS DEFINED IN
SECTION 5000A(F) OF THE INTERNAL REVENUE SERVICE CODE OF 1986, OR IS
ELIGIBLE FOR AN EMPLOYER-SPONSORED PLAN THAT IS NOT AFFORDABLE, IN
ACCORDANCE WITH SECTION 5000A(F) OF SUCH CODE; AND
(IV) HAVE HOUSEHOLD INCOME AT OR BELOW TWO HUNDRED FIFTY PERCENT OF
THE FEDERAL POVERTY LINE DEFINED AND ANNUALLY REVISED BY THE UNITED
STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES FOR A HOUSEHOLD OF THE
SAME SIZE; AND HAS HOUSEHOLD INCOME THAT EXCEEDS ONE HUNDRED THIRTY-
THREE PERCENT OF THE FEDERAL POVERTY LINE DEFINED AND ANNUALLY REVISED
BY THE UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES FOR A
HOUSEHOLD OF THE SAME SIZE; HOWEVER, MAGI ELIGIBLE NONCITIZENS LAWFULLY
PRESENT IN THE UNITED STATES WITH HOUSEHOLD INCOMES AT OR BELOW ONE
HUNDRED THIRTY-THREE PERCENT OF THE FEDERAL POVERTY LINE SHALL BE ELIGI-
BLE TO RECEIVE COVERAGE FOR HEALTH CARE SERVICES PURSUANT TO THE
PROVISIONS OF THIS SECTION IF SUCH NONCITIZEN WOULD BE INELIGIBLE FOR
S. 4007--A 107 A. 3007--A
MEDICAL ASSISTANCE UNDER TITLE ELEVEN OF THIS ARTICLE DUE TO THEIR IMMI-
GRATION STATUS.
(B) SUBJECT TO FEDERAL APPROVAL, A CHILD BORN TO AN INDIVIDUAL ELIGI-
BLE FOR AND RECEIVING COVERAGE FOR HEALTH CARE SERVICES PURSUANT TO THIS
SECTION WHO BUT FOR THEIR ELIGIBILITY UNDER THIS SECTION WOULD BE ELIGI-
BLE FOR COVERAGE PURSUANT TO SUBPARAGRAPHS TWO OR FOUR OF PARAGRAPH (B)
OF SUBDIVISION ONE OF SECTION THREE HUNDRED SIXTY-SIX OF THIS ARTICLE,
SHALL BE ADMINISTRATIVELY ENROLLED, AS DEFINED BY THE COMMISSIONER OF
HEALTH, IN MEDICAL ASSISTANCE AND TO HAVE BEEN FOUND ELIGIBLE FOR SUCH
ASSISTANCE ON THE DATE OF SUCH BIRTH AND TO REMAIN ELIGIBLE FOR SUCH
ASSISTANCE FOR A PERIOD OF ONE YEAR.
(C) SUBJECT TO FEDERAL APPROVAL, AN INDIVIDUAL WHO IS ELIGIBLE FOR AND
RECEIVING COVERAGE FOR HEALTH CARE SERVICES PURSUANT TO THIS SECTION IS
ELIGIBLE TO CONTINUE TO RECEIVE HEALTH CARE SERVICES PURSUANT TO THIS
SECTION DURING THE INDIVIDUAL'S PREGNANCY AND FOR A PERIOD OF ONE YEAR
FOLLOWING THE END OF THE PREGNANCY WITHOUT REGARD TO ANY CHANGE IN THE
INCOME OF THE HOUSEHOLD THAT INCLUDES THE PREGNANT INDIVIDUAL, EVEN IF
SUCH CHANGE WOULD RENDER THE PREGNANT INDIVIDUAL INELIGIBLE TO RECEIVE
HEALTH CARE SERVICES PURSUANT TO THIS SECTION.
(D) FOR THE PURPOSES OF THIS SECTION, 1332 STATE INNOVATION PROGRAM
ELIGIBLE INDIVIDUALS ARE PROHIBITED FROM BEING TREATED AS QUALIFIED
INDIVIDUALS UNDER SECTION 1312 OF THE AFFORDABLE CARE ACT AND AS ELIGI-
BLE INDIVIDUALS UNDER SECTION 1331 OF THE ACA AND ENROLLING IN QUALIFIED
HEALTH PLAN THROUGH THE MARKETPLACE OR STANDARD HEALTH PLAN THROUGH THE
BASIC HEALTH PROGRAM.
4. ENROLLMENT. (A) SUBJECT TO FEDERAL APPROVAL, THE COMMISSIONER OF
HEALTH IS AUTHORIZED TO ESTABLISH AN APPLICATION AND ENROLLMENT PROCE-
DURE FOR PROSPECTIVE ENROLLEES. SUCH PROCEDURE WILL INCLUDE A VERIFICA-
TION SYSTEM FOR APPLICANTS, WHICH MUST BE CONSISTENT WITH 42 USC §
1320B-7.
(B) SUCH PROCEDURE SHALL ALLOW FOR CONTINUOUS ENROLLMENT FOR ENROLLEES
TO THE 1332 STATE INNOVATION PROGRAM WHERE AN INDIVIDUAL MAY APPLY AND
ENROLL FOR COVERAGE AT ANY POINT.
(C) UPON AN APPLICANT'S ENROLLMENT IN A 1332 STATE INNOVATION PLAN,
COVERAGE FOR HEALTH CARE SERVICES PURSUANT TO THE PROVISIONS OF THIS
SECTION SHALL BE RETROACTIVE TO THE FIRST DAY OF THE MONTH IN WHICH THE
INDIVIDUAL WAS DETERMINED ELIGIBLE, EXCEPT IN THE CASE OF PROGRAM TRAN-
SITIONS WITHIN THE MARKETPLACE.
(D) A PERSON WHO HAS ENROLLED FOR COVERAGE PURSUANT TO THIS SECTION,
AND WHO LOSES ELIGIBILITY TO ENROLL IN THE 1332 STATE INNOVATION PROGRAM
FOR A REASON OTHER THAN CITIZENSHIP STATUS, LACK OF STATE RESIDENCE,
FAILURE TO PROVIDE A VALID SOCIAL SECURITY NUMBER, PROVIDING INACCURATE
INFORMATION THAT WOULD AFFECT ELIGIBILITY WHEN REQUESTING OR RENEWING
HEALTH COVERAGE PURSUANT TO THIS SECTION, OR FAILURE TO MAKE AN APPLICA-
BLE PREMIUM PAYMENT, BEFORE THE END OF A TWELVE MONTH PERIOD BEGINNING
ON THE EFFECTIVE DATE OF THE PERSON'S INITIAL ELIGIBILITY FOR COVERAGE,
OR BEFORE THE END OF A TWELVE MONTH PERIOD BEGINNING ON THE DATE OF ANY
SUBSEQUENT DETERMINATION OF ELIGIBILITY, SHALL HAVE THEIR ELIGIBILITY
FOR COVERAGE CONTINUED UNTIL THE END OF SUCH TWELVE MONTH PERIOD,
PROVIDED THAT THE STATE RECEIVES FEDERAL APPROVAL FOR USING FUNDS UNDER
AN APPROVED 1332 WAIVER.
5. PREMIUMS. SUBJECT TO FEDERAL APPROVAL, THE COMMISSIONER OF HEALTH
SHALL ESTABLISH PREMIUM PAYMENTS ENROLLEES IN A 1332 STATE INNOVATION
PLAN SHALL PAY TO APPROVED ORGANIZATIONS FOR COVERAGE OF HEALTH CARE
SERVICES PURSUANT TO THIS SECTION. SUCH PREMIUM PAYMENTS SHALL BE ESTAB-
LISHED IN THE FOLLOWING MANNER:
S. 4007--A 108 A. 3007--A
(A) UP TO FIFTEEN DOLLARS MONTHLY FOR AN INDIVIDUAL WITH A HOUSEHOLD
INCOME ABOVE TWO HUNDRED PERCENT OF THE FEDERAL POVERTY LINE BUT AT OR
BELOW TWO HUNDRED FIFTY PERCENT OF THE FEDERAL POVERTY LINE DEFINED AND
ANNUALLY REVISED BY THE UNITED STATES DEPARTMENT OF HEALTH AND HUMAN
SERVICES FOR A HOUSEHOLD OF THE SAME SIZE; AND
(B) NO PAYMENT IS REQUIRED FOR INDIVIDUALS WITH A HOUSEHOLD INCOME AT
OR BELOW TWO HUNDRED PERCENT OF THE FEDERAL POVERTY LINE DEFINED AND
ANNUALLY REVISED BY THE UNITED STATES DEPARTMENT OF HEALTH AND HUMAN
SERVICES FOR A HOUSEHOLD OF THE SAME SIZE.
6. COST-SHARING. THE COMMISSIONER OF HEALTH SHALL ESTABLISH COST-SHAR-
ING OBLIGATIONS FOR ENROLLEES, SUBJECT TO FEDERAL APPROVAL, INCLUDING
CHILDBIRTH AND NEWBORN CARE CONSISTENT WITH THE MEDICAL ASSISTANCE
PROGRAM UNDER TITLE ELEVEN OF THIS ARTICLE. THERE SHALL BE NO COST-SHAR-
ING OBLIGATIONS FOR ENROLLEES FOR:
(A) DENTAL AND VISION SERVICES AS DEFINED IN SUBPARAGRAPH (II) OF
PARAGRAPH (C) OF SUBDIVISION TWO OF THIS SECTION; AND
(B) SERVICES AND SUPPORTS AS DEFINED IN SUBPARAGRAPH (III) OF PARA-
GRAPH (C) OF SUBDIVISION TWO OF THIS SECTION.
7. RATES OF PAYMENT. (A) THE COMMISSIONER OF HEALTH SHALL SELECT THE
CONTRACT WITH AN INDEPENDENT ACTUARY TO STUDY AND RECOMMEND APPROPRIATE
REIMBURSEMENT METHODOLOGIES FOR THE COST OF HEALTH CARE SERVICE COVERAGE
PURSUANT TO THIS SECTION. SUCH INDEPENDENT ACTUARY SHALL REVIEW AND MAKE
RECOMMENDATIONS CONCERNING APPROPRIATE ACTUARIAL ASSUMPTIONS RELEVANT TO
THE ESTABLISHMENT OF REIMBURSEMENT METHODOLOGIES, INCLUDING BUT NOT
LIMITED TO; THE ADEQUACY OF RATES OF PAYMENT IN RELATION TO THE POPU-
LATION TO BE SERVED ADJUSTED FOR CASE MIX, THE SCOPE OF HEALTH CARE
SERVICES APPROVED ORGANIZATIONS MUST PROVIDE, THE UTILIZATION OF SUCH
SERVICES AND THE NETWORK OF PROVIDERS REQUIRED TO MEET STATE STANDARDS.
(B) UPON CONSULTATION WITH THE INDEPENDENT ACTUARY AND ENTITIES
REPRESENTING APPROVED ORGANIZATIONS, THE COMMISSIONER OF HEALTH SHALL
DEVELOP REIMBURSEMENT METHODOLOGIES AND FEE SCHEDULES FOR DETERMINING
RATES OF PAYMENT, WHICH RATES SHALL BE APPROVED BY THE DIRECTOR OF THE
DIVISION OF THE BUDGET, TO BE MADE BY THE DEPARTMENT TO APPROVED ORGAN-
IZATIONS FOR THE COST OF HEALTH CARE SERVICES COVERAGE PURSUANT TO THIS
SECTION. SUCH REIMBURSEMENT METHODOLOGIES AND FEE SCHEDULES MAY INCLUDE
PROVISIONS FOR CAPITATION ARRANGEMENTS.
(C) THE COMMISSIONER OF HEALTH SHALL HAVE THE AUTHORITY TO PROMULGATE
REGULATIONS, INCLUDING EMERGENCY REGULATIONS, NECESSARY TO EFFECTUATE
THE PROVISIONS OF THIS SUBDIVISION.
(D) THE DEPARTMENT OF HEALTH SHALL REQUIRE THE INDEPENDENT ACTUARY
SELECTED PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION TO PROVIDE A
COMPLETE ACTUARIAL REPORT, ALONG WITH ALL ACTUARIAL ASSUMPTIONS MADE AND
ALL OTHER DATA, MATERIALS AND METHODOLOGIES USED IN THE DEVELOPMENT OF
RATES FOR THE 1332 STATE INNOVATION PLAN AUTHORIZED UNDER THIS SECTION.
SUCH REPORT SHALL BE PROVIDED ANNUALLY TO THE TEMPORARY PRESIDENT OF THE
SENATE AND THE SPEAKER OF THE ASSEMBLY.
8. AN INDIVIDUAL WHO IS LAWFULLY ADMITTED FOR PERMANENT RESIDENCE,
PERMANENTLY RESIDING IN THE UNITED STATES UNDER COLOR OF LAW, OR WHO IS
A NON-CITIZEN IN A VALID NONIMMIGRANT STATUS, AS DEFINED IN 8 U.S.C.
1101(A)(15), AND WHO WOULD BE INELIGIBLE FOR MEDICAL ASSISTANCE UNDER
TITLE ELEVEN OF THIS ARTICLE DUE TO THEIR IMMIGRATION STATUS IF THE
PROVISIONS OF SECTION ONE HUNDRED TWENTY-TWO OF THIS CHAPTER WERE
APPLIED, SHALL BE CONSIDERED TO BE INELIGIBLE FOR MEDICAL ASSISTANCE FOR
PURPOSES OF PARAGRAPHS (B) AND (C) OF SUBDIVISION THREE OF THIS SECTION.
9. REPORTING. THE COMMISSIONER OF HEALTH SHALL SUBMIT A REPORT TO THE
TEMPORARY PRESIDENT OF THE SENATE AND THE SPEAKER OF THE ASSEMBLY ANNU-
S. 4007--A 109 A. 3007--A
ALLY BY DECEMBER THIRTY-FIRST. THE REPORT SHALL INCLUDE, AT A MINIMUM,
AN ANALYSIS OF THE 1332 STATE INNOVATION PROGRAM AND ITS IMPACT ON THE
FINANCIAL INTEREST OF THE STATE; ITS IMPACT ON THE MARKETPLACE INCLUDING
ENROLLMENT AND PREMIUMS; ITS IMPACT ON THE NUMBER OF UNINSURED INDIVID-
UALS IN THE STATE; ITS IMPACT ON THE MEDICAID GLOBAL CAP; AND THE DEMO-
GRAPHICS OF THE 1332 STATE INNOVATION PROGRAM ENROLLEES INCLUDING AGE
AND IMMIGRATION STATUS.
10. SEVERABILITY. IF THE SECRETARY OF HEALTH AND HUMAN SERVICES OR THE
SECRETARY OF THE TREASURY DO NOT APPROVE ANY PROVISION OF THE APPLICA-
TION FOR A STATE INNOVATION WAIVER, SUCH DECISION SHALL IN NO WAY AFFECT
OR IMPAIR ANY OTHER PROVISIONS THAT THE SECRETARIES MAY APPROVE UNDER
THIS SECTION.
§ 4. The state finance law is amended by adding a new section 98-d to
read as follows:
§ 98-D. 1332 STATE INNOVATION PROGRAM FUND. 1. THERE IS HEREBY ESTAB-
LISHED IN THE JOINT CUSTODY OF THE STATE COMPTROLLER AND THE COMMISSION-
ER OF TAXATION AND FINANCE A SPECIAL FUND TO BE KNOWN AS THE "1332 STATE
INNOVATION PROGRAM FUND".
2. SUCH FUND SHALL BE KEPT SEPARATE AND SHALL NOT BE COMMINGLED WITH
ANY OTHER FUNDS IN THE CUSTODY OF THE STATE COMPTROLLER AND THE COMMIS-
SIONER OF TAXATION AND FINANCE.
3. SUCH FUND SHALL CONSIST OF MONEYS TRANSFERRED FROM THE FEDERAL
GOVERNMENT PURSUANT TO 42 U.S.C. 18052 AND AN APPROVED 1332 STATE INNO-
VATION PROGRAM WAIVER APPLICATION FOR THE PURPOSE IMPLEMENTING THE STATE
PLAN UNDER THE 1332 STATE INNOVATION PROGRAM, ESTABLISHED PURSUANT TO
SECTION THREE HUNDRED SIXTY-NINE-II OF THE SOCIAL SERVICES LAW.
4. UPON FEDERAL APPROVAL, ALL MONEYS IN SUCH FUND SHALL BE USED TO
IMPLEMENT AND OPERATE THE 1332 STATE INNOVATION PROGRAM, PURSUANT TO
SECTION THREE HUNDRED SIXTY-NINE-II OF THE SOCIAL SERVICES LAW, EXCEPT
TO THE EXTENT THAT THE PROVISIONS OF SUCH SECTION CONFLICT OR ARE INCON-
SISTENT WITH FEDERAL LAW, IN WHICH CASE THE PROVISIONS OF SUCH FEDERAL
LAW SHALL SUPERSEDE SUCH STATE LAW PROVISIONS.
§ 5. Subparagraph (1) of paragraph (g) of subdivision 1 of section 366
of the social services law, as amended by section 43 of Part B of chap-
ter 57 of the laws of 2015, is amended to read as follows:
(1) Applicants and recipients who are lawfully admitted for permanent
residence, or who are permanently residing in the United States under
color of law, or who are non-citizens in a valid nonimmigrant status, as
defined in 8 U.S.C. 1101(a)(15); who are MAGI eligible pursuant to
paragraph (b) of this subdivision; and who would be ineligible for
medical assistance coverage under subdivisions one and two of section
three hundred sixty-five-a of this title solely due to their immigration
status if the provisions of section one hundred twenty-two of this chap-
ter were applied, shall only be eligible for assistance under this title
if enrolled in a standard health plan offered by a basic health program
established pursuant to section three hundred sixty-nine-gg of this
article OR A STANDARD HEALTH PLAN OFFERED BY A 1332 STATE INNOVATION
PROGRAM ESTABLISHED PURSUANT TO SECTION THREE HUNDRED SIXTY-NINE-II OF
THIS ARTICLE if such program is established and operating.
§ 6. Severability clause. If any clause, sentence, paragraph, subdivi-
sion, section or part of this act shall be adjudged by any court of
competent jurisdiction to be invalid, such judgment shall not affect,
impair, or invalidate the remainder thereof, but shall be confined in
its operation to the clause, sentence, paragraph, subdivision, section
or part thereof directly involved in the controversy in which such judg-
ment shall have been rendered. It is hereby declared to be the intent of
S. 4007--A 110 A. 3007--A
the legislature that this act would have been enacted even if such
invalid provisions had not been included herein.
§ 7. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after January 1, 2023;
provided that section three of this act shall be contingent upon the
commissioner of health obtaining and maintaining all necessary approvals
from the secretary of health and human services and the secretary of the
treasury based on an application for a waiver for state innovation
pursuant to section 1332 of the patient protection and affordable care
act (P.L. 111-148) and subdivision 25 of section 268-c of the public
health law. The department of health shall notify the legislative bill
drafting commission upon the occurrence of approval of the waiver
program in order that the commission may maintain an accurate and timely
data base of the official text of the laws of the state of New York in
furtherance of effectuating the provisions of section 44 of the legisla-
tive law and section 70-b of the public officers law.
PART I
Section 1. Subdivision (i) of section 111 of part H of chapter 59 of
the laws of 2011, amending the public health law and other laws relating
to known and projected department of health state fund medical expendi-
tures, as amended by section 8 of part E of chapter 57 of the laws of
2019, is amended to read as follows:
(i) the amendments to paragraph (b) and subparagraph (i) of paragraph
(g) of subdivision 7 of section 4403-f of the public health law made by
section forty-one-b of this act shall expire and be repealed April 1,
[2023] 2027;
§ 2. The opening paragraph of subdivision 2 of section 4403-f of the
public health law, as amended by section 8 of part C of chapter 58 of
the laws of 2007, is amended to read as follows:
An eligible applicant shall submit an application for a certificate of
authority to operate a managed long term care plan upon forms prescribed
by the commissioner, INCLUDING ANY SUCH FORMS OR PROCESS AS MAY BE
REQUIRED OR PRESCRIBED BY THE COMMISSIONER IN ACCORDANCE WITH THE
COMPETITIVE BID PROCESS UNDER SUBDIVISION SIX-A OF THIS SECTION. Such
eligible applicant shall submit information and documentation to the
commissioner which shall include, but not be limited to:
§ 3. Paragraph (a) of subdivision 6 of section 4403-f of the public
health law, as amended by section 4 of part MM of chapter 56 of the laws
of 2020, is amended to read as follows:
(a) An applicant shall be issued a certificate of authority as a
managed long term care plan upon a determination by the commissioner
that the applicant complies with the operating requirements for a
managed long term care plan under this section. The commissioner shall
issue no more than seventy-five certificates of authority to managed
long term care plans pursuant to this section.
(A-1) Nothing in this section shall be construed as requiring the
department to contract with or to contract for a particular line of
business with an entity certified under this section for the provision
of services available under title eleven of article five of the social
services law. A MANAGED LONG TERM CARE PLAN THAT HAS BEEN ISSUED A
CERTIFICATE OF AUTHORITY, OR AN APPLICANT FOR A CERTIFICATE OF AUTHORITY
AS A MANAGED LONG TERM CARE PLAN THAT HAS, IN THE SOLE DISCRETION OF THE
COMMISSIONER, IN ANY OF THE THREE CALENDAR YEARS IMMEDIATELY PRECEDING
THE APPLICATION, MET ANY OF THE FOLLOWING CRITERIA SHALL NOT BE ELIGIBLE
S. 4007--A 111 A. 3007--A
FOR A CONTRACT FOR THE PROVISION OF SERVICES AVAILABLE UNDER TITLE ELEV-
EN OF ARTICLE FIVE OF THE SOCIAL SERVICES LAW: (I) CLASSIFIED AS A POOR
PERFORMER, OR SUBSTANTIALLY SIMILAR TERMINOLOGY, BY THE CENTERS FOR
MEDICARE AND MEDICAID SERVICES; (II) AN EXCESSIVE VOLUME OF PENALTIES,
STATEMENTS OF FINDINGS, STATEMENTS OF DEFICIENCY, INTERMEDIATE SANCTIONS
OR ENFORCEMENT ACTIONS, REGARDLESS OF WHETHER THE APPLICANT HAS
ADDRESSED SUCH ISSUES IN A TIMELY MANNER; OR (III) OTHER CRITERIA AS
DEEMED APPROPRIATE BY THE COMMISSIONER.
§ 4. The opening paragraph of subparagraph (i) of paragraph (d) of
subdivision 6 of section 4403-f of the public health law, as added by
section 5 of part MM of chapter 56 of the laws of 2020, is amended to
read as follows:
Effective April first, two thousand twenty, and expiring March thir-
ty-first, two thousand [twenty-two] TWENTY-SEVEN, the commissioner shall
place a moratorium on the processing and approval of applications seek-
ing a certificate of authority as a managed long term care plan pursuant
to this section, including applications seeking authorization to expand
an existing managed long term care plan's approved service area or scope
of eligible enrollee populations. Such moratorium shall not apply to:
§ 5. Section 4403-f of the public health law is amended by adding a
new subdivision 6-a to read as follows:
6-A. PERFORMANCE STANDARDS AND PROCUREMENT. (A) ON OR BEFORE OCTOBER
FIRST, TWO THOUSAND TWENTY-FOUR, EACH MANAGED LONG TERM CARE PLAN THAT
HAS BEEN ISSUED A CERTIFICATE OF AUTHORITY PURSUANT TO THIS SECTION
SHALL HAVE DEMONSTRATED EXPERIENCE OPERATING A MANAGED LONG TERM CARE
PLAN THAT CONTINUOUSLY ENROLLED NO FEWER THAN TWENTY THOUSAND ENROLLEES,
OR A MEDICARE DUAL ELIGIBLE SPECIAL NEEDS PLAN THAT HAS CONTINUOUSLY
ENROLLED NO FEWER THAN FIVE THOUSAND RESIDENTS OF THIS STATE IN THE
IMMEDIATELY PRECEDING CALENDAR YEAR, OR AN INTEGRATED MEDICAID PRODUCT
OFFERED BY THE DEPARTMENT THAT HAS CONTINUOUSLY ENROLLED NO FEWER THAN
FIVE THOUSAND RESIDENTS OF THIS STATE IN THE IMMEDIATELY PRECEDING
CALENDAR YEAR. IN ADDITION, A MANAGED LONG TERM CARE PLAN SHALL SUFFI-
CIENTLY DEMONSTRATE, IN THE SOLE DISCRETION OF THE COMMISSIONER, SUCCESS
IN THE FOLLOWING PERFORMANCE CATEGORIES:
(I) IN ADDITION TO MEETING THE REQUIREMENTS OF PARAGRAPH (J) OF SUBDI-
VISION SEVEN OF THIS SECTION, COMMITMENT TO CONTRACTING WITH THE MINIMUM
NUMBER OF LICENSED HOME CARE SERVICE AGENCIES NEEDED TO PROVIDE NECES-
SARY PERSONAL CARE SERVICES TO THE GREATEST PRACTICABLE NUMBER OF ENROL-
LEES, AND WITH THE MINIMUM NUMBER OF FISCAL INTERMEDIARIES NEEDED TO
PROVIDE NECESSARY CONSUMER DIRECTED PERSONAL ASSISTANCE SERVICES TO THE
GREATEST PRACTICABLE NUMBER OF ENROLLEES IN ACCORDANCE WITH SECTION
THREE HUNDRED SIXTY-FIVE-F OF THE SOCIAL SERVICES LAW;
(II) READINESS TO TIMELY IMPLEMENT AND ADHERE TO MAXIMUM WAIT TIME
CRITERIA FOR KEY CATEGORIES OF SERVICE IN ACCORDANCE WITH LAWS, RULES
AND REGULATIONS OF THE DEPARTMENT OR THE CENTER FOR MEDICARE AND MEDI-
CAID SERVICES;
(III) IMPLEMENTATION OF A COMMUNITY REINVESTMENT PLAN THAT HAS BEEN
APPROVED BY THE DEPARTMENT AND COMMITS A PERCENTAGE OF THE MANAGED LONG
TERM CARE PLAN'S SURPLUS TO HEALTH RELATED SOCIAL NEEDS AND ADVANCING
HEALTH EQUITY IN THE MANAGED LONG TERM CARE PLAN'S SERVICE AREA;
(IV) COMMITMENT TO QUALITY IMPROVEMENT;
(V) ACCESSIBILITY AND GEOGRAPHIC DISTRIBUTION OF NETWORK PROVIDERS,
TAKING INTO ACCOUNT THE NEEDS OF PERSONS WITH DISABILITIES AND THE
DIFFERENCES BETWEEN RURAL, SUBURBAN, AND URBAN SETTINGS;
(VI) DEMONSTRATED CULTURAL AND LANGUAGE COMPETENCIES SPECIFIC TO THE
POPULATION OF PARTICIPANTS;
S. 4007--A 112 A. 3007--A
(VII) BREADTH OF SERVICE AREA ACROSS MULTIPLE REGIONS;
(VIII) ABILITY TO SERVE ENROLLEES ACROSS THE CONTINUUM OF CARE, AS
DEMONSTRATED BY THE TYPE AND NUMBER OF PRODUCTS THE MANAGED LONG TERM
CARE OPERATES OR HAS APPLIED TO OPERATE, INCLUDING INTEGRATED CARE FOR
PARTICIPANTS WHO ARE DUALLY ELIGIBLE FOR MEDICAID AND MEDICARE, AND
THOSE OPERATED UNDER TITLE ONE-A OF ARTICLE TWENTY-FIVE OF THIS CHAPTER
AND SECTION THREE HUNDRED SIXTY-NINE-GG OF THE SOCIAL SERVICES LAW;
(IX) VALUE BASED CARE READINESS AND EXPERIENCE; AND
(X) SUCH OTHER CRITERIA AS DEEMED APPROPRIATE BY THE COMMISSIONER.
(B) (I) NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH (A) OF THIS SUBDI-
VISION, IF NO SOONER THAN OCTOBER FIRST, TWO THOUSAND TWENTY-FOUR THE
COMMISSIONER HAS DETERMINED, IN THEIR SOLE DISCRETION, THAT AN INSUFFI-
CIENT NUMBER OF MANAGED LONG TERM CARE PLANS HAVE MET THE PERFORMANCE
STANDARDS SET FORTH IN PARAGRAPH (A) OF THIS SUBDIVISION, EACH MANAGED
LONG TERM CARE PLAN THAT HAS BEEN ISSUED A CERTIFICATE OF AUTHORITY TO
COVER A POPULATION OF ENROLLEES ELIGIBLE FOR SERVICES UNDER TITLE XIX OF
THE FEDERAL SOCIAL SECURITY ACT SHALL BE REQUIRED TO SUBMIT AN APPLICA-
TION FOR CONTINUANCE OF ITS CERTIFICATION OF AUTHORITY TO OPERATE AS A
MANAGED LONG TERM CARE PLAN UNDER THIS SECTION, AND SHALL BE SUBJECT TO
SELECTION THROUGH A COMPETITIVE BID PROCESS BASED ON PROPOSALS SUBMITTED
TO THE DEPARTMENT, WHICH COMPETITIVE BID PROCESS MAY BE LIMITED TO A
GEOGRAPHIC OR OTHER REASONABLE BASIS OF NEED, AS DETERMINED BY THE
COMMISSIONER. IN MAKING A DETERMINATION REGARDING THE NEED FOR A COMPET-
ITIVE BID PROCESS, THE COMMISSIONER SHALL CONSIDER WHETHER ANY MANAGED
LONG TERM CARE PLANS THAT HAVE NOT MET THE PERFORMANCE STANDARDS ARE
ENGAGED IN A MERGER, ACQUISITION, OR SIMILAR TRANSACTION WITH A MANAGED
LONG TERM CARE PLAN THAT HAS MET THE PERFORMANCE STANDARDS, AS EVIDENCED
THROUGH AN EXECUTED DEFINITIVE AGREEMENT BY SUCH MANAGED LONG TERM CARE
PLANS.
(II) IN THE EVENT THE COMMISSIONER DETERMINES TO SELECT MANAGED LONG
TERM CARE PLANS THROUGH A COMPETITIVE BID PROCESS, ANY PROPOSAL SUBMIT-
TED TO THE DEPARTMENT THROUGH THE COMPETITIVE BID PROCESS SHALL INCLUDE:
(A) THE CRITERIA SET FORTH IN PARAGRAPH (A) OF THIS SUBDIVISION;
(B) THE TYPE AND NUMBER OF PRODUCTS THE BIDDER PROPOSES TO OPERATE,
INCLUDING THOSE PROVIDING INTEGRATED CARE TO INDIVIDUALS DUALLY ELIGIBLE
FOR SERVICES AND BENEFITS UNDER TITLES XVIII AND XIX OF THE FEDERAL
SOCIAL SECURITY ACT IN CONJUNCTION WITH AN AFFILIATED MEDICARE DUAL
ELIGIBLE SPECIAL NEEDS PLAN; AND
(C) THE BIDDER'S COMMITMENT TO OFFERING PLANS IN MULTIPLE REGIONS, AS
SUCH REGIONS ARE DEFINED BY THE DEPARTMENT, AND IN EVERY COUNTY OF EACH
REGION FOR WHICH THEY ARE SUBMITTING A BID.
(III) MANAGED LONG TERM CARE PLANS AWARDED UNDER THIS PARAGRAPH SHALL
BE ENTITLED TO ENTER INTO A CONTRACT WITH THE DEPARTMENT FOR THE PURPOSE
OF OFFERING MANAGED LONG TERM CARE SERVICES TO ENROLLEES PURSUANT TO
THIS SECTION.
(IV) MANAGED LONG TERM CARE PLANS WHICH SUBMIT A BID THROUGH A COMPET-
ITIVE BID PROCESS AND ARE NOT AWARDED UNDER THIS PARAGRAPH SHALL, UPON
DIRECTION FROM THE COMMISSIONER, TERMINATE ITS SERVICES AND OPERATIONS
IN ACCORDANCE WITH THE CONTRACT BETWEEN THE MANAGED LONG TERM CARE PLAN
AND THE DEPARTMENT, AND SHALL BE ADDITIONALLY REQUIRED TO MAINTAIN
COVERAGE OF PARTICIPANTS FOR SUCH PERIOD OF TIME AS DETERMINED NECESSARY
BY THE COMMISSIONER TO ACHIEVE THE SAFE AND ORDERLY TRANSFER OF PARTIC-
IPANTS. PARTICIPANTS WHO, AFTER NO LESS THAN SIXTY DAYS NOTICE, HAVE NOT
SELECTED ANOTHER PLAN WILL BE ASSIGNED TO A MANAGED LONG TERM CARE PLAN
OR PLANS, AS DETERMINED BY THE COMMISSIONER.
S. 4007--A 113 A. 3007--A
(C) NOTWITHSTANDING SECTIONS ONE HUNDRED TWELVE AND ONE HUNDRED
SIXTY-THREE OF THE STATE FINANCE LAW, SECTIONS ONE HUNDRED FORTY-TWO AND
ONE HUNDRED FORTY-THREE OF THE ECONOMIC DEVELOPMENT LAW, AND ANY OTHER
INCONSISTENT PROVISION OF LAW, IN THE EVENT THE COMMISSIONER DETERMINES
TO PROVIDE FOR THE SELECTION OF QUALIFIED MANAGED LONG TERM CARE PLANS
IN ACCORDANCE WITH PARAGRAPH (B) OF THIS SUBDIVISION THROUGH A COMPET-
ITIVE BID PROCESS, SUCH PROCESS SHALL BE BASED ON PROPOSALS SUBMITTED TO
THE DEPARTMENT; PROVIDED, HOWEVER, THAT:
(I) A PROPOSAL SUBMITTED BY A MANAGED LONG TERM CARE PLAN SHALL
INCLUDE INFORMATION SUFFICIENT TO ALLOW THE COMMISSIONER TO EVALUATE THE
BIDDER IN ACCORDANCE WITH THE REQUIREMENTS IDENTIFIED IN PARAGRAPH (B)
OF THIS SUBDIVISION.
(II) IN ADDITION TO THE CRITERIA DESCRIBED IN SUBPARAGRAPH (I) OF THIS
PARAGRAPH, THE COMMISSIONER SHALL ALSO CONSIDER:
(A) THE CORPORATE ORGANIZATION AND STATUS OF THE BIDDER AS A CHARITA-
BLE CORPORATION UNDER THE NOT-FOR-PROFIT CORPORATION LAW;
(B) FOR CURRENT OR PREVIOUSLY AUTHORIZED MANAGED CARE PROVIDERS, PAST
PERFORMANCE IN MEETING MANAGED CARE CONTRACT OR FEDERAL OR STATE
REQUIREMENTS, AND IF THE COMMISSIONER ISSUED ANY STATEMENTS OF FINDINGS,
STATEMENTS OF DEFICIENCY, INTERMEDIATE SANCTIONS OR ENFORCEMENT ACTIONS
TO A BIDDER FOR NON-COMPLIANCE WITH SUCH REQUIREMENTS, WHETHER THE
BIDDER ADDRESSED SUCH ISSUES IN A TIMELY MANNER; AND
(C) ANY OTHER CRITERIA DEEMED APPROPRIATE BY THE COMMISSIONER.
(III) SUBPARAGRAPHS (I) AND (II) OF THIS PARAGRAPH DESCRIBING PROPOSAL
CONTENT AND SELECTION CRITERIA REQUIREMENTS SHALL NOT BE CONSTRUED AS
LIMITING OR REQUIRING THE COMMISSIONER TO EVALUATE SUCH CONTENT OR
CRITERIA ON A PASS-FAIL, SCALE, OR OTHER PARTICULAR METHODOLOGICAL
BASIS; PROVIDED, HOWEVER, THAT THE COMMISSIONER MUST CONSIDER ALL SUCH
CONTENT AND CRITERIA USING METHODS DETERMINED BY THE COMMISSIONER IN
THEIR DISCRETION AND, AS APPLICABLE, IN CONSULTATION WITH THE COMMIS-
SIONERS OF THE OFFICE OF MENTAL HEALTH, THE OFFICE FOR PEOPLE WITH
DEVELOPMENTAL DISABILITIES, THE OFFICE OF ADDICTION SERVICES AND
SUPPORTS, AND THE OFFICE OF CHILDREN AND FAMILY SERVICES.
(IV) NO SOONER THAN OCTOBER FIRST, TWO THOUSAND TWENTY-FOUR THE
DEPARTMENT SHALL POST ON ITS WEBSITE:
(A) THE REQUEST FOR PROPOSALS AND A DESCRIPTION OF THE PROPOSED
SERVICES TO BE PROVIDED PURSUANT TO CONTRACTS IN ACCORDANCE WITH THIS
SUBDIVISION;
(B) THE CRITERIA ON WHICH THE DEPARTMENT SHALL DETERMINE QUALIFIED
BIDDERS AND EVALUATE THEIR APPLICATIONS, INCLUDING ALL CRITERIA IDENTI-
FIED IN THIS SUBDIVISION;
(C) THE MANNER BY WHICH A PROPOSAL MAY BE SUBMITTED, WHICH MAY INCLUDE
SUBMISSION BY ELECTRONIC MEANS;
(D) THE MANNER BY WHICH A MANAGED LONG TERM CARE PLAN MAY CONTINUE TO
PROVIDE HEALTH AND LONG TERM CARE SERVICES TO ENROLLEES WHO ARE ELIGIBLE
UNDER TITLE XIX OF THE FEDERAL SOCIAL SECURITY ACT PENDING AWARDS TO
MANAGED LONG TERM CARE PLANS THROUGH A COMPETITIVE BID PROCESS PURSUANT
TO THIS SUBDIVISION; AND
(E) UPON AWARD, THE MANAGED LONG TERM CARE PLANS THAT THE COMMISSIONER
INTENDS TO CONTRACT WITH PURSUANT TO THIS SUBDIVISION, PROVIDED THAT THE
COMMISSIONER SHALL UPDATE SUCH LIST TO INDICATE THE FINAL SLATE OF
CONTRACTED MANAGED LONG TERM CARE PLANS.
(V) (A) NO SOONER THAN APRIL FIRST TWO THOUSAND TWENTY-SIX, THE
COMMISSIONER SHALL MAKE AWARDS UNDER THIS SUBDIVISION TO AT LEAST TWO
MANAGED LONG TERM CARE PLANS IN EACH GEOGRAPHIC REGION DEFINED BY THE
COMMISSIONER IN THE REQUEST FOR PROPOSALS FOR WHICH AT LEAST TWO MANAGED
S. 4007--A 114 A. 3007--A
LONG TERM CARE PLANS HAVE SUBMITTED A PROPOSAL, AND SHALL HAVE
DISCRETION TO OFFER MORE CONTRACTS BASED ON NEED FOR ACCESS.
(B) NOTWITHSTANDING SECTIONS ONE HUNDRED TWELVE AND ONE HUNDRED
SIXTY-THREE OF THE STATE FINANCE LAW, SECTIONS ONE HUNDRED FORTY-TWO AND
ONE HUNDRED FORTY-THREE OF THE ECONOMIC DEVELOPMENT LAW, AND ANY OTHER
INCONSISTENT PROVISION OF LAW, MANAGED LONG TERM CARE PLANS AWARDED
UNDER THIS SUBDIVISION SHALL BE ENTITLED TO ENTER INTO A CONTRACT WITH
THE DEPARTMENT FOR THE PURPOSE OF PROVIDING HEALTH AND LONG TERM CARE
SERVICES TO ENROLLEES WHO ARE ELIGIBLE UNDER TITLE XIX OF THE FEDERAL
SOCIAL SECURITY ACT. SUCH CONTRACTS SHALL RUN FOR A TERM TO BE DETER-
MINED BY THE COMMISSIONER, WHICH MAY BE RENEWED OR MODIFIED FROM TIME TO
TIME WITHOUT A NEW REQUEST FOR PROPOSALS, TO ENSURE CONSISTENCY WITH
CHANGES IN FEDERAL AND STATE LAWS, REGULATIONS OR POLICIES, INCLUDING
THE EXPANSION OR REDUCTION OF MEDICAL ASSISTANCE SERVICES AVAILABLE TO
PARTICIPANTS THROUGH A MANAGED LONG TERM CARE PLAN.
(C) NOTHING IN THIS PARAGRAPH OR OTHER PROVISION OF THIS SECTION SHALL
BE CONSTRUED TO LIMIT IN ANY WAY THE ABILITY OF THE DEPARTMENT TO TERMI-
NATE AWARDED CONTRACTS FOR CAUSE, WHICH SHALL INCLUDE BUT NOT BE LIMITED
TO ANY VIOLATION OF THE TERMS OF SUCH CONTRACTS OR VIOLATIONS OF STATE
OR FEDERAL LAWS AND REGULATIONS AND ANY LOSS OF NECESSARY STATE OR
FEDERAL FUNDING.
(D) NOTWITHSTANDING SECTIONS ONE HUNDRED TWELVE AND ONE HUNDRED
SIXTY-THREE OF THE STATE FINANCE LAW, SECTIONS ONE HUNDRED FORTY-TWO AND
ONE HUNDRED FORTY-THREE OF THE ECONOMIC DEVELOPMENT LAW, AND ANY OTHER
INCONSISTENT PROVISION OF LAW, THE DEPARTMENT MAY, IN ACCORDANCE WITH
THE PROVISIONS OF THIS PARAGRAPH, ISSUE NEW REQUESTS FOR PROPOSALS AND
AWARD NEW CONTRACTS FOR TERMS FOLLOWING AN EXISTING TERM OF A CONTRACT
ENTERED INTO UNDER THIS PARAGRAPH.
(VI) (A) WITHIN SIXTY DAYS OF THE DEPARTMENT ISSUING THE REQUEST FOR
PROPOSALS, A MANAGED LONG TERM CARE PLAN THAT WAS APPROVED TO PROVIDE
HEALTH AND LONG TERM CARE SERVICES TO ENROLLEES WHO ARE ELIGIBLE UNDER
TITLE XIX OF THE FEDERAL SOCIAL SECURITY ACT PRIOR TO THE ISSUANCE OF
THE REQUEST FOR PROPOSALS SHALL SUBMIT ITS INTENTION TO COMPLETE SUCH
PROPOSAL TO THE DEPARTMENT.
(B) A MANAGED LONG TERM CARE PLAN THAT: (1) FAILS TO SUBMIT ITS INTENT
TIMELY, (2) INDICATES WITHIN THE SIXTY DAYS ITS INTENT NOT TO COMPLETE
SUCH A PROPOSAL, OR (3) FAILS TO SUBMIT A PROPOSAL WITHIN THE FURTHER
TIMEFRAME SPECIFIED BY THE COMMISSIONER IN THE REQUEST FOR PROPOSALS,
SHALL, UPON DIRECTION FROM THE COMMISSIONER, TERMINATE ITS SERVICES AND
OPERATIONS IN ACCORDANCE WITH THE CONTRACT BETWEEN THE MANAGED LONG TERM
CARE PLAN AND THE DEPARTMENT AND SHALL BE ADDITIONALLY REQUIRED TO MAIN-
TAIN COVERAGE OF ENROLLEES FOR SUCH PERIOD OF TIME AS DETERMINED NECES-
SARY BY THE COMMISSIONER TO ACHIEVE THE SAFE AND ORDERLY TRANSFER OF
ENROLLEES.
(VII) IF NECESSARY TO ENSURE ACCESS TO A SUFFICIENT NUMBER OF MANAGED
LONG TERM CARE PLANS ON A GEOGRAPHIC OR OTHER BASIS, INCLUDING A LACK OF
ADEQUATE AND APPROPRIATE CARE, LANGUAGE AND CULTURAL COMPETENCE, OR
SPECIAL NEEDS SERVICES, THE COMMISSIONER MAY REISSUE A REQUEST FOR
PROPOSALS AS PROVIDED FOR UNDER PARAGRAPH (B) OF THIS SUBDIVISION,
PROVIDED, HOWEVER, THAT SUCH REQUEST MAY BE LIMITED TO THE GEOGRAPHIC OR
OTHER BASIS OF NEED THAT THE REQUEST FOR PROPOSALS SEEKS TO ADDRESS. ANY
AWARDS SHALL BE SUBJECT TO THE REQUIREMENTS OF THIS SECTION, INCLUDING
THE MINIMUM AND MAXIMUM NUMBER OF AWARDS IN A REGION.
(D) IN THE EVENT THE COMMISSIONER, IN THEIR SOLE DISCRETION AT ANY
TIME ON OR AFTER OCTOBER FIRST, TWO THOUSAND TWENTY-FOUR, DETERMINES NOT
TO SELECT MANAGED LONG TERM CARE PLANS THROUGH A COMPETITIVE BID PROC-
S. 4007--A 115 A. 3007--A
ESS, THE COMMISSIONER SHALL REQUIRE A MANAGED LONG TERM CARE PLAN THAT
HAS NOT MET THE PERFORMANCE STANDARDS SET FORTH IN PARAGRAPH (A) OF THIS
SUBDIVISION TO ESTABLISH AND IMPLEMENT A PERFORMANCE IMPROVEMENT PLAN
ACCEPTABLE TO THE COMMISSIONER. THE DETERMINATION NOT TO SELECT MANAGED
LONG TERM CARE PLANS THROUGH A COMPETITIVE BID PROCESS AND TO REQUIRE A
PERFORMANCE IMPROVEMENT PLAN SHALL NOT PRECLUDE THE COMMISSIONER FROM
MAKING A LATER DETERMINATION TO SELECT MANAGED LONG TERM CARE PLANS
THROUGH A COMPETITIVE BID PROCESS. IN MAKING THE DETERMINATION WHETHER
TO SELECT THROUGH A COMPETITIVE BID PROCESS, THE COMMISSIONER SHALL
CONSIDER THE STANDARDS SET FORTH IN PARAGRAPH (A) OF THIS SUBDIVISION.
(E) THE COMMISSIONER SHALL HAVE THE AUTHORITY TO PROMULGATE REGU-
LATIONS, INCLUDING EMERGENCY REGULATIONS, TO EFFECTUATE THE PROVISIONS
OF THIS SUBDIVISION.
(F) THE COMMISSIONER SHALL HAVE THE AUTHORITY TO ADD OR MODIFY ALL
CRITERIA IN THIS SUBDIVISION.
§ 6. Subparagraph (i) of paragraph (g) of subdivision 7 of section
4403-f of the public health law, as amended by section 1 of part GGG of
chapter 59 of the laws of 2017, is amended to read as follows:
(i) Managed long term care plans and demonstrations may enroll eligi-
ble persons in the plan or demonstration upon the completion of a
comprehensive assessment that shall include, but not be limited to, an
evaluation of the medical, social, cognitive, and environmental needs of
each prospective enrollee in such program. This assessment shall also
serve as the basis for the development and provision of an appropriate
plan of care for the enrollee, INCLUDING APPROPRIATE COMMUNITY-BASED
REFERRALS. Upon approval of federal waivers pursuant to paragraph (b) of
this subdivision which require medical assistance recipients who require
community-based long term care services to enroll in a plan, and upon
approval of the commissioner, a plan may enroll an applicant who is
currently receiving home and community-based services and complete the
comprehensive assessment within thirty days of enrollment provided that
the plan continues to cover transitional care until such time as the
assessment is completed.
§ 6-a. Subparagraph (i) of paragraph (g) of subdivision 7 of section
4403-f of the public health law, as added by section 65-c of part A of
chapter 57 of the laws of 2006 and relettered by section 20 of part C of
chapter 58 of the laws of 2007, is amended to read as follows:
(i) Managed long term care plans and demonstrations may enroll eligi-
ble persons in the plan or demonstration upon the completion of a
comprehensive assessment that shall include, but not be limited to, an
evaluation of the medical, social and environmental needs of each
prospective enrollee in such program. This assessment shall also serve
as the basis for the development and provision of an appropriate plan of
care for the prospective enrollee, INCLUDING APPROPRIATE COMMUNITY-BASED
REFERRALS.
§ 7. Subparagraphs (i) and (ii) of paragraph (a) of subdivision 4-a of
section 365-f of the social services law, as amended by section 3 of
part G of chapter 57 of the laws of 2019, the opening paragraph of
subparagraph (i) as amended by section 2 of part PP of chapter 57 of the
laws of 2022, are amended to read as follows:
(i) "Fiscal intermediary" means an entity that provides fiscal inter-
mediary services and has a contract for providing such services with
[the department of health and is selected through the procurement proc-
ess described in paragraphs (b), (b-1), (b-2) and (b-3) of this subdivi-
sion. Eligible applicants for contracts shall be entities that are capa-
ble of appropriately providing fiscal intermediary services, performing
S. 4007--A 116 A. 3007--A
the responsibilities of a fiscal intermediary, and complying with this
section, including but not limited to entities that]:
(A) [are a service center for independent living under section one
thousand one hundred twenty-one of the education law; or] A LOCAL
DEPARTMENT OF SOCIAL SERVICES;
(B) [have been established as fiscal intermediaries prior to January
first, two thousand twelve and have been continuously providing such
services for eligible individuals under this section.] AN ORGANIZATION
LICENSED UNDER ARTICLE FORTY-FOUR OF THE PUBLIC HEALTH LAW; OR
(C) AN ACCOUNTABLE CARE ORGANIZATION CERTIFIED UNDER ARTICLE TWENTY-
NINE-E OF THE PUBLIC HEALTH LAW OR AN INTEGRATED DELIVERY SYSTEM
COMPOSED PRIMARILY OF HEALTH CARE PROVIDERS RECOGNIZED BY THE DEPARTMENT
AS A PERFORMING PROVIDER SYSTEM UNDER THE DELIVERY SYSTEM REFORM INCEN-
TIVE PAYMENT PROGRAM.
(ii) Fiscal intermediary services shall include the following
services, performed on behalf of the consumer to facilitate his or her
role as the employer:
(A) wage and benefit processing for consumer directed personal assist-
ants;
(B) processing all income tax and other required wage withholdings;
(C) complying with workers' compensation, disability and unemployment
requirements;
(D) maintaining personnel records for each consumer directed personal
assistant, including time records and other documentation needed for
wages and benefit processing and a copy of the medical documentation
required pursuant to regulations established by the commissioner;
(E) ensuring that the health status of each consumer directed personal
assistant is assessed prior to service delivery pursuant to regulations
issued by the commissioner;
(F) maintaining records of service authorizations or reauthorizations;
(G) monitoring the consumer's or, if applicable, the designated repre-
sentative's continuing ability to fulfill the consumer's responsibil-
ities under the program and promptly notifying the authorizing entity of
any circumstance that may affect the consumer's or, if applicable, the
designated representative's ability to fulfill such responsibilities;
(H) complying with regulations established by the commissioner speci-
fying the responsibilities of fiscal intermediaries providing services
under this title; AND
(I) entering into a department approved memorandum of understanding
with the consumer that describes the parties' responsibilities under
this program[; and
(J) other related responsibilities which may include, as determined by
the commissioner, assisting consumers to perform the consumers' respon-
sibilities under this section and department regulations in a manner
that does not infringe upon the consumer's responsibilities and self-di-
rection].
§ 8. Paragraph (b) of subdivision 4-a of section 365-f of the social
services law, as amended by section 4 of part G of chapter 57 of the
laws of 2019, subparagraph (vi) as amended by section 1 of part LL of
chapter 57 of the laws of 2021, is amended to read as follows:
(b) [Notwithstanding any inconsistent provision of section one hundred
sixty-three of the state finance law, or section one hundred forty-two
of the economic development law the commissioner shall enter into
contracts under this subdivision with eligible contractors that submit
an offer for a contract, provided, however, that:
(i) the department shall post on its website:
S. 4007--A 117 A. 3007--A
(A) a description of the proposed services to be provided pursuant to
contracts in accordance with this subdivision;
(B) that the selection of contractors shall be based on criteria
reasonably related to the contractors' ability to provide fiscal inter-
mediary services including but not limited to: ability to appropriately
serve individuals participating in the program, geographic distribution
that would ensure access in rural and underserved areas, demonstrated
cultural and language competencies specific to the population of consum-
ers and those of the available workforce, ability to provide timely
consumer assistance, experience serving individuals with disabilities,
the availability of consumer peer support, and demonstrated compliance
with all applicable federal and state laws and regulations, including
but not limited to those relating to wages and labor;
(C) the manner by which prospective contractors may seek such
selection, which may include submission by electronic means;
(ii) all reasonable and responsive offers that are received from
prospective contractors in timely fashion shall be reviewed by the
commissioner;
(iii) the commissioner shall award such contracts to the contractors
that best meet the criteria for selection and are best suited to serve
the purposes of this section and the needs of consumers;
(iv) all entities providing fiscal intermediary services on or before
April first, two thousand nineteen, shall submit an offer for a contract
under this section within sixty days after the commissioner publishes
the initial offer on the department's website. Such entities shall be
deemed authorized to provide such services unless: (A) the entity fails
to submit an offer for a contract under this section within the sixty
days; or (B) the entity's offer for a contract under this section is
denied;
(v) all decisions made and approaches taken pursuant to this paragraph
shall be documented in a procurement record as defined in section one
hundred sixty-three of the state finance law; and
(vi) the commissioner is authorized to either reoffer contracts or
utilize the previous offer, to ensure that all provisions of this
section are met.] AS OF JANUARY FIRST, TWO THOUSAND TWENTY-FOUR NO ENTI-
TY SHALL PROVIDE, DIRECTLY OR THROUGH CONTRACT, FISCAL INTERMEDIARY
SERVICES WITHOUT AN AUTHORIZATION AS A FISCAL INTERMEDIARY ISSUED BY THE
COMMISSIONER IN ACCORDANCE WITH THIS SUBDIVISION. THE COMMISSIONER MAY
ISSUE REGULATIONS, INCLUDING EMERGENCY REGULATIONS, CLARIFYING THE
AUTHORIZATION PROCESS, STANDARDS AND TIME FRAMES.
§ 9. Paragraphs (b-1), (b-2) and (b-3) of subdivision 4-a of section
365-f of the social services law are REPEALED.
§ 10. Subdivision 4-b of section 365-f of the social services law, as
amended by section 8 of part G of chapter 57 of the laws of 2019, is
amended to read as follows:
4-b. Actions involving the authorization of a fiscal intermediary.
(a) [The department may terminate a fiscal intermediary's contract
under this section or suspend or limit the fiscal intermediary's rights
and privileges under the contract upon thirty day's written notice to
the fiscal intermediary, if the commissioner finds that the fiscal
intermediary has failed to comply with the provisions of this section or
regulations promulgated hereunder. The written notice shall include:
(i) A description of the conduct and the issues related thereto that
have been identified as failure of compliance; and
(ii) the time frame of the conduct that fails compliance] A FISCAL
INTERMEDIARY'S AUTHORIZATION MAY BE REVOKED, SUSPENDED, LIMITED OR
S. 4007--A 118 A. 3007--A
ANNULLED UPON THIRTY DAYS WRITTEN NOTICE TO THE FISCAL INTERMEDIARY, IF
THE COMMISSIONER FINDS THAT THE FISCAL INTERMEDIARY HAS FAILED TO COMPLY
WITH THE PROVISIONS OF THIS SUBDIVISION OR REGULATIONS PROMULGATED HERE-
UNDER.
(b) Notwithstanding the foregoing, upon determining that the public
health or safety would be imminently endangered by the continued opera-
tion or actions of the fiscal intermediary, the commissioner may [termi-
nate] REVOKE, SUSPEND, LIMIT OR ANNUL the fiscal intermediary's
[contract or suspend or limit the fiscal intermediary's rights and priv-
ileges under the contract] AUTHORIZATION immediately [upon written
notice].
(c) All orders or determinations under this subdivision shall be
subject to review as provided in article seventy-eight of the civil
practice law and rules.
§ 11. Paragraph (c) of subdivision 4-d of section 365-f of the social
services law, as added by section 7 of part G of chapter 57 of the laws
of 2019, is amended to read as follows:
(c) Where a fiscal intermediary is suspending or ceasing operation
pursuant to an order under subdivision four-b of this section, [or has
failed to submit an offer for a contract, or has been denied a contract
under this section,] all the provisions of this subdivision shall apply
except subparagraph (i) of paragraph (a) of this subdivision, notice of
which to all parties shall be provided by the department as appropriate.
§ 12. Paragraph (d) of subdivision 4-d of section 365-f of the social
services law, as added by section 3 of part LL of chapter 57 of the laws
of 2021 is REPEALED.
§ 13. Part I of chapter 57 of the laws of 2022, providing a one
percent across the board payment increase to all qualifying fee-for-ser-
vice Medicaid rates, is amended by adding two new sections 1-a and 1-b
to read as follows:
§ 1-A. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, FOR THE
STATE FISCAL YEARS BEGINNING APRIL 1, 2023, AND THEREAFTER, MEDICAID
PAYMENTS MADE FOR THE OPERATING COMPONENT OF RESIDENTIAL HEALTH CARE
FACILITIES SERVICES SHALL BE SUBJECT TO A UNIFORM RATE INCREASE OF FIVE
PERCENT IN ADDITION TO THE INCREASE CONTAINED IN SUBDIVISION 1 OF
SECTION 1 OF THIS PART, SUBJECT TO THE APPROVAL OF THE COMMISSIONER OF
THE DEPARTMENT OF HEALTH AND THE DIRECTOR OF THE BUDGET. SUCH RATE
INCREASE SHALL BE SUBJECT TO FEDERAL FINANCIAL PARTICIPATION.
§ 1-B. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, FOR THE
STATE FISCAL YEARS BEGINNING APRIL 1, 2023, AND THEREAFTER, MEDICAID
PAYMENTS MADE FOR THE OPERATING COMPONENT OF ASSISTED LIVING PROGRAMS AS
DEFINED BY PARAGRAPH (A) OF SUBDIVISION ONE OF SECTION 461-L OF THE
SOCIAL SERVICES LAW SHALL BE SUBJECT TO A UNIFORM RATE INCREASE OF FIVE
PERCENT IN ADDITION TO THE INCREASE CONTAINED IN SECTION ONE OF THIS
PART, SUBJECT TO THE APPROVAL OF THE COMMISSIONER OF THE DEPARTMENT OF
HEALTH AND THE DIRECTOR OF THE BUDGET. SUCH RATE INCREASE SHALL BE
SUBJECT TO FEDERAL FINANCIAL PARTICIPATION.
§ 14. Paragraphs (d) and (i) of subdivision 1 and subdivisions 2, 4,
5, 5-a, 6, 6-a, 7, 7-a, 9 and 10 of section 3614-c of the public health
law, paragraphs (d) and (i) of subdivision 1 and subdivisions 2, 4, 5,
6, 7, 9 and 10 as amended and subdivisions 6-a and 7-a as added by
section 1 and subdivision 5-a as added by section 1-a of part OO of
chapter 56 of the laws of 2020, are amended to read as follows:
(d) "Home care aide" means a home health aide, personal care aide,
home attendant, [personal assistant performing consumer directed
personal assistance services pursuant to section three hundred sixty-
S. 4007--A 119 A. 3007--A
five-f of the social services law,] or other licensed or unlicensed
person whose primary responsibility includes the provision of in-home
assistance with activities of daily living, instrumental activities of
daily living or health-related tasks; provided, however, that home care
aide does not include any individual (i) working on a casual basis, or
(ii) [(except for a person employed under the consumer directed personal
assistance program under section three hundred sixty-five-f of the
social services law)] who is a relative through blood, marriage or
adoption of: (1) the employer; or (2) the person for whom the worker is
delivering services, under a program funded or administered by federal,
state or local government.
[(i) "Fiscal intermediary" means a fiscal intermediary in the consumer
directed personal assistance program under section three hundred sixty-
five-f of the social services law.]
2. Notwithstanding any inconsistent provision of law, rule or regu-
lation, no payments by government agencies shall be made to certified
home health agencies, long term home health care programs, managed care
plans, [fiscal intermediaries,] the nursing home transition and diver-
sion waiver program under section three hundred sixty-six of the social
services law, or the traumatic brain injury waiver program under section
twenty-seven hundred forty of this chapter for any episode of care
furnished, in whole or in part, by any home care aide who is compensated
at amounts less than the applicable minimum rate of home care aide total
compensation established pursuant to this section.
4. The terms of this section shall apply equally to services provided
by home care aides who work on episodes of care as direct employees of
certified home health agencies, long term home health care programs, or
managed care plans, or as employees of licensed home care services agen-
cies, limited licensed home care services agencies, [or fiscal interme-
diaries,] or under any other arrangement.
5. No payments by government agencies shall be made to certified home
health agencies, licensed home care services agencies, long term home
health care programs, managed care plans, [fiscal intermediaries] for
any episode of care without the certified home health agency, licensed
home care services agency, long term home health care program, OR
managed care plan [or the fiscal intermediary], having delivered prior
written certification to the commissioner annually, at a time prescribed
by the commissioner, on forms prepared by the department in consultation
with the department of labor, that all services provided under each
episode of care during the period covered by the certification are in
full compliance with the terms of this section and any regulations
promulgated pursuant to this section and that no portion of the dollars
spent or to be spent to satisfy the wage or benefit portion under this
section shall be returned to the certified home health agency, licensed
home care services agency, long term home health care program, OR
managed care plan, [or fiscal intermediary,] related persons or enti-
ties, other than to a home care aide as defined in this section to whom
the wage or benefits are due, as a refund, dividend, profit, or in any
other manner. Such written certification shall also verify that the
certified home health agency, long term home health care program, or
managed care plan has received from the licensed home care services
agency, [fiscal intermediary,] or other third party an annual statement
of wage parity hours and expenses on a form provided by the department
of labor accompanied by an independently-audited financial statement
verifying such expenses.
S. 4007--A 120 A. 3007--A
5-a. No portion of the dollars spent or to be spent to satisfy the
wage or benefit portion under this section shall be returned to the
certified home health agency, licensed home care services agency, long
term home health care program, OR managed care plan, [or fiscal interme-
diary,] related persons or entities, other than to a home care aide as
defined in this section to whom the wage or benefits are due, as a
refund, dividend, profit, or in any other manner.
6. If a certified home health agency, long term home health care
program or managed care plan elects to provide home care aide services
through contracts with licensed home care services agencies, [fiscal
intermediaries,] or through other third parties, provided that the
episode of care on which the home care aide works is covered under the
terms of this section, the certified home health agency, long term home
health care program, or managed care plan shall include in its
contracts, a requirement that it be provided with a written certif-
ication, verified by oath, from the licensed home care services agency,
[fiscal intermediary,] or other third party, on forms prepared by the
department in consultation with the department of labor, which attests
to the licensed home care services agency's, [fiscal intermediary's,] or
other third party's compliance with the terms of this section. Such
contracts shall also obligate the licensed home care services agency,
[fiscal intermediary,] or other third party to provide the certified
home health agency, long term home health care program, or managed care
plan all information from the licensed home care services agency,
[fiscal intermediary] or other third party necessary to verify compli-
ance with the terms of this section, which shall include an annual
compliance statement of wage parity hours and expenses on a form
provided by the department of labor accompanied by an independently-au-
dited financial statement verifying such expenses. Such annual state-
ments shall be available no less than annually for the previous calendar
year, at a time as prescribed by the commissioner. Such certifications,
the information necessary to verify compliance, and the annual compli-
ance statement and financial statements shall be retained by all certi-
fied home health agencies, long term home health care programs, or
managed care plans, and all licensed home care services agencies,
[fiscal intermediaries,] or other third parties for a period of no less
than ten years, and made available to the department upon request. Any
licensed home care services agency, [fiscal intermediary,] or other
third party who shall upon oath verify any statement required to be
transmitted under this section and any regulations promulgated pursuant
to this section which is known by such party to be false shall be guilty
of perjury and punishable as provided by the penal law.
6-a. The certified home health agency, long term home health care
program, or managed care plan shall review and assess the annual compli-
ance statement of wage parity hours and expenses and make a written
referral to the department of labor for any reasonably suspected fail-
ures of licensed home care services agencies, [fiscal intermediaries,]
or third parties to conform to the wage parity requirements of this
section.
7. The commissioner shall distribute to all certified home health
agencies, long term home health care programs, managed care plans, AND
licensed home care services agencies[, and fiscal intermediaries] offi-
cial notice of the minimum rates of home care aide compensation at least
one hundred twenty days prior to the effective date of each minimum rate
for each social services district covered by the terms of this section.
S. 4007--A 121 A. 3007--A
7-a. Any certified home health agency, licensed home care services
agency, long term home health care program, managed care plan, [or
fiscal intermediary,] or other third party that willfully pays less than
such stipulated minimums regarding wages and supplements, as established
in this section, shall be guilty of a misdemeanor and upon conviction
shall be punished, for a first offense by a fine of five hundred dollars
or by imprisonment for not more than thirty days, or by both fine and
imprisonment; for a second offense by a fine of one thousand dollars,
and in addition thereto the contract on which the violation has occurred
shall be forfeited; and no such person or corporation shall be entitled
to receive any sum nor shall any officer, agent or employee of the state
pay the same or authorize its payment from the funds under his or her
charge or control to any person or corporation for work done upon any
contract, on which the certified home health agency, licensed home care
services agency, long term home health care program, managed care plan,
[or fiscal intermediary,] or other third party has been convicted of a
second offense in violation of the provisions of this section.
9. Nothing in this section should be construed as applicable to any
service provided by certified home health agencies, licensed home care
services agencies, long term home health care programs, or managed care
plans[, or fiscal intermediaries] except for all episodes of care reim-
bursed in whole or in part by the New York Medicaid program.
10. No certified home health agency, managed care plan, or long term
home health care program shall be liable for recoupment of payments or
any other penalty under this section for services provided through a
licensed home care services agency, [fiscal intermediary,] or other
third party with which the certified home health agency, long term home
health care program, or managed care plan has a contract because the
licensed agency, [fiscal intermediary,] or other third party failed to
comply with the provisions of this section if the certified home health
agency, long term home health care program, or managed care plan has
reasonably and in good faith collected certifications and all informa-
tion required pursuant to this section and conducts the monitoring and
reporting required by this section.
§ 15. Subdivision 1 of section 3614-f of the public health law, as
added by section 1 of part XX of chapter 56 of the laws of 2022, is
amended to read as follows:
1. For the purpose of this section, "home care aide" shall [have the
same meaning as defined in section thirty-six hundred fourteen-c of this
article] MEAN A HOME HEALTH AIDE, PERSONAL CARE AIDE, HOME ATTENDANT,
PERSONAL ASSISTANT PERFORMING CONSUMER DIRECTED PERSONAL ASSISTANCE
SERVICES PURSUANT TO SECTION THREE HUNDRED SIXTY-FIVE-F OF THE SOCIAL
SERVICES LAW, OR OTHER LICENSED OR UNLICENSED PERSON WHOSE PRIMARY
RESPONSIBILITY INCLUDES THE PROVISIONS OF IN-HOME ASSISTANCE WITH ACTIV-
ITIES OF DAILY LIVING, INSTRUMENTAL ACTIVITIES OF DAILY LIVING OR
HEALTH-RELATED TASKS; PROVIDED, HOWEVER, THAT HOME CARE AIDE DOES NOT
INCLUDE ANY INDIVIDUAL (I) WORKING ON A CASUAL BASIS, OR (II) (EXPECT
FOR A PERSON EMPLOYED UNDER THE CONSUMER DIRECTED PERSONAL ASSISTANCE
PROGRAM UNDER SECTION THREE HUNDRED SIXTY-FIVE-F OF THE SOCIAL SERVICES
LAW) WHO IS A RELATIVE THROUGH BLOOD, MARRIAGE OR ADOPTION OF: (1) THE
EMPLOYER; OR (2) THE PERSON WHOM THE WORKER IS DELIVERING SERVICES,
UNDER A PROGRAM FUNDED OR ADMINISTERED BY FEDERAL, STATE OR LOCAL
GOVERNMENT.
§ 16. The public health law is amended by adding a new section 3614-g
to read as follows:
S. 4007--A 122 A. 3007--A
§ 3614-G. STATE SUPPLEMENTAL PREMIUM ASSISTANCE FOR CONSUMER DIRECTED
PERSONAL ASSISTANTS.
1. STATE SUPPLEMENTAL ASSISTANCE FOR THE PAYMENT OF QUALIFIED HEALTH
PLAN PREMIUMS SHALL BE AVAILABLE TO A PERSONAL ASSISTANT PERFORMING
CONSUMER DIRECTED PERSONAL ASSISTANCE SERVICES PURSUANT TO SECTION THREE
HUNDRED SIXTY-FIVE-F OF THE SOCIAL SERVICES LAW, PROVIDED THAT SUCH
PERSONAL ASSISTANT:
(A) ATTESTS ON THE NY STATE OF HEALTH MARKETPLACE APPLICATION THAT
THEY ARE PROVIDING SUCH SERVICES ON A FULL-TIME BASIS OR PART-TIME
BASIS, AS DEFINED IN APPLICABLE REGULATION,
(B) IS ELIGIBLE FOR FEDERAL PREMIUM TAX CREDITS PURSUANT TO SECTION
36B(B)(3)(A) OF THE INTERNAL REVENUE CODE,
(C) IS NOT OTHERWISE ELIGIBLE FOR COMPREHENSIVE COVERAGE UNDER
TITLE 11 OR 11-D OF ARTICLE FIVE OF THE SOCIAL SERVICES LAW; AND
(D) IS ENROLLED IN A QUALIFIED HEALTH PLAN DEFINED IN 42 U.S.C.
18021(A), CERTIFIED BY THE NY STATE OF HEALTH MARKETPLACE, WHICH DOES
NOT INCLUDE A CATASTROPHIC PLAN DESCRIBED IN 42 U.S.C. 18022(E).
2. THE AMOUNT OF THE SUPPLEMENTAL PREMIUM ASSISTANCE SHALL BE EQUAL TO
AT LEAST THE CONTRIBUTION FOR THE BENCHMARK SILVER QUALIFIED HEALTH PLAN
AVAILABLE IN SUCH PERSONAL ASSISTANT'S COUNTY OF RESIDENCE, AND SHALL
ACCOUNT FOR THE FULL-TIME OR PART-TIME STATUS OF THE PERSONAL ASSISTANT.
PERSONAL ASSISTANTS WORKING PART-TIME SHALL BE ELIGIBLE FOR A MINIMUM OF
ONE-HALF OF THE STATE SUPPLEMENTAL PREMIUM CREDIT AVAILABLE FOR PERSONAL
ASSISTANTS WORKING FULL-TIME. SUCH CREDIT SHALL BE PAID DIRECTLY TO THE
QUALIFIED HEALTH PLAN ISSUER. ANY SUBSIDIES PROVIDED PURSUANT TO THIS
SECTION SHALL BE IN ACCORDANCE WITH A SCHEDULE OR METHODOLOGY PUBLISHED
BY THE COMMISSIONER, WHICH MAY BE BASED ON A SLIDING SCALE IN RELATION
TO THE HOUSEHOLD INCOME OF THE PERSONAL ASSISTANT, OR SUCH OTHER METHOD-
OLOGY AS THE COMMISSIONER DEEMS APPROPRIATE.
3. APPLICANTS FOR COVERAGE THROUGH THE NY STATE MARKETPLACE WHO ARE
NEWLY ELIGIBLE FOR SUPPLEMENTAL PREMIUM ASSISTANCE PURSUANT TO THIS
SECTION SHALL BE ELIGIBLE FOR A SPECIAL ENROLLMENT PERIOD THROUGH THE NY
STATE OF HEALTH MARKETPLACE.
4. THE COMMISSIONER SHALL SUBMIT SUCH APPLICATIONS TO THE SECRETARY OF
THE DEPARTMENT OF HEALTH AND HUMAN SERVICES OR TREASURY AS MAY BE NECES-
SARY TO RECEIVE FEDERAL FINANCIAL PARTICIPATION IN THE COSTS OF PAYMENTS
MADE PURSUANT TO THIS SECTION; PROVIDED FURTHER, HOWEVER, THAT NOTHING
IN THIS SECTION SHALL BE DEEMED TO AFFECT THE PAYMENT OF THE STATE
SUPPLEMENTAL PREMIUM ASSISTANCE PURSUANT TO APPLICABLE LAW AND REGU-
LATION IF FEDERAL FINANCIAL PARTICIPATION IN THE COSTS OF SUCH PAYMENTS
IS NOT AVAILABLE.
5. FISCAL INTERMEDIARIES AND PERSONAL ASSISTANTS UNDER SECTION THREE
HUNDRED SIXTY-FIVE-F OF THE SOCIAL SERVICES LAW SHALL BE REQUIRED TO
PROVIDE SUCH INFORMATION AS IS NECESSARY FOR THE IMPLEMENTATION AND
OPERATION OF THIS SECTION. THE DEPARTMENT SHALL SPECIFY THE FREQUENCY
AND FORMAT OF SUCH REPORTING AND DETERMINE THE TYPE AND AMOUNT OF INFOR-
MATION TO BE SUBMITTED, INCLUDING ANY SUPPORTING DOCUMENTATION.
6. THE COMMISSIONER SHALL PROMULGATE ANY RULES AND REGULATIONS AND
TAKE SUCH STEPS AS MAY BE NECESSARY FOR THE IMPLEMENTATION AND OPERATION
OF THIS SECTION.
§ 17. The state finance law is amended by adding a new section
97-bbbbb to read as follows:
§ 97-BBBBB. CDPAP SUPPLEMENTAL PREMIUM ASSISTANCE FUND. 1. CDPAP
SUPPLEMENTAL PREMIUM ASSISTANCE FUND. THERE IS HEREBY ESTABLISHED IN THE
JOINT CUSTODY OF THE STATE COMPTROLLER AND THE COMMISSIONER OF TAXATION
S. 4007--A 123 A. 3007--A
AND FINANCE A SPECIAL FUND TO BE KNOWN AS THE "CDPAP SUPPLEMENTAL PREMI-
UM ASSISTANCE FUND".
2. SUCH FUND SHALL BE KEPT SEPARATE AND SHALL NOT BE COMMINGLED WITH
ANY OTHER FUNDS IN THE CUSTODY OF THE STATE COMPTROLLER AND THE COMMIS-
SIONER OF TAXATION AND FINANCE.
3. SUCH FUND SHALL CONSIST OF MONEYS APPROPRIATED FOR STATE SUPPLE-
MENTAL PREMIUM ASSISTANCE FOR THE PAYMENT OF QUALIFIED HEALTH PLAN
PREMIUM OF ELIGIBLE ENROLLEES PERFORMING CONSUMER DIRECTED PERSONAL
ASSISTANCE SERVICES, IN ACCORDANCE WITH SECTION THIRTY-SIX HUNDRED FOUR-
TEEN-G OF THE SOCIAL SERVICES LAW, OR TRANSFERRED TO SUCH ACCOUNT PURSU-
ANT TO APPLICABLE LAW.
4. THE MONEYS, WHEN ALLOCATED IN ACCORDANCE WITH SECTION THIRTY-SIX
HUNDRED FOURTEEN-G OF THE SOCIAL SERVICES LAW, SHALL BE PAID OUT OF THE
FUND TO QUALIFIED HEALTH PLANS ON BEHALF OF ELIGIBLE ENROLLEES.
§ 18. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2023; provided,
however, that:
(a) the amendments to section 4403-f of the public health law made by
sections two through six-a of this act shall not affect the repeal of
such section and shall be deemed repealed therewith;
(b) the amendments to subparagraph (i) of paragraph (g) of subdivision
7 of section 4403-f of the public health law made by section six of this
act shall be subject to the expiration and reversion of such subpara-
graph pursuant to subdivision (i) of section 111 of part H of chapter 59
of the laws of 2011, as amended, when upon such date the provisions of
section six-a of this act shall take effect;
(c) sections fourteen, sixteen, and seventeen of this act shall take
effect on and after the first of January next succeeding the date of
enactment of a state supplemental premium assistance program in accord-
ance with sections sixteen and seventeen of this act, takes effect;
provided, however, such sections fourteen, sixteen, and seventeen of
this act shall take effect no earlier than January 1, 2025; and
provided, further, the commissioner of health shall notify the legisla-
tive bill drafting commission upon the occurrence of the establishment
of such state supplemental premium assistance program in order that the
commission may maintain an accurate and timely effective data base of
the official text of the laws of the state of New York in furtherance of
effecting the provisions of section 44 of the legislative law and
section 70-b of the public officers law; and
(d) effective immediately, the commissioner of health shall promulgate
any rules and regulations and take such steps, including requiring the
submission of reports or surveys by fiscal intermediaries under the
consumer directed personal assistance program, as may be necessary for
the timely implementation of this act on or before such effective date.
PART J
Section 1. Subsection (a) of section 3224-a of the insurance law, as
amended by chapter 237 of the laws of 2009, is amended to read as
follows:
(a) Except in a case where the obligation of an insurer or an organ-
ization or corporation licensed or certified pursuant to article forty-
three or forty-seven of this chapter or article forty-four of the public
health law to pay a claim submitted by a policyholder or person covered
under such policy ("covered person") or make a payment to a health care
provider is not reasonably clear, or when there is a reasonable basis
S. 4007--A 124 A. 3007--A
supported by specific information available for review by the super-
intendent that such claim or bill for health care services rendered was
submitted fraudulently, such insurer or organization or corporation
shall pay the claim to a policyholder or covered person or make a
payment to a health care provider within thirty days of receipt of a
claim or bill for THE services rendered that is transmitted via the
internet or electronic mail[,] or forty-five days of receipt of a claim
or bill for services rendered that is submitted by other means, such as
paper or facsimile.
(1) WHERE THE OBLIGATION OF AN INSURER OR AN ORGANIZATION OR CORPO-
RATION LICENSED OR CERTIFIED PURSUANT TO ARTICLE FORTY-THREE OR FORTY-
SEVEN OF THIS CHAPTER OR ARTICLE FORTY-FOUR OF THE PUBLIC HEALTH LAW TO
PAY SUCH A CLAIM IS CLEAR, EXCEPT FOR THE DESIRE OF THE INSURER OR
ORGANIZATION OR CORPORATION TO REVIEW CLINICAL DOCUMENTATION OR, TO THE
EXTENT AGREED UPON BY A HOSPITAL AND THE INSURER OR ORGANIZATION OR
CORPORATION, ELECTRONIC MEDICAL RECORDS, TO CONFIRM THE MEDICAL NECESSI-
TY OF EMERGENCY SERVICES OR INPATIENT SERVICES FOLLOWING AN EMERGENCY
DEPARTMENT VISIT PROVIDED BY A HOSPITAL THAT PARTICIPATES IN THE
NETWORK OF THE INSURER OR ORGANIZATION OR CORPORATION, WHICH INCLUDES
WHETHER THE SERVICES PROVIDED WERE EMERGENCY SERVICES OR THAT THE SITE
OF SERVICE OR LEVEL OF CARE BILLED WAS APPROPRIATE FOR THE SERVICES
PROVIDED, THE INSURER OR ORGANIZATION OR CORPORATION SHALL PAY THE CLAIM
AT THE CONTRACTED RATE FOR THE SERVICES AND SITE BILLED BY THE HOSPITAL
WITHIN THE TIMEFRAMES SET FORTH IN THIS SUBSECTION. THE INSURER OR
ORGANIZATION OR CORPORATION MAY, WITHIN THIRTY DAYS OF PAYING THE CLAIM,
REQUEST THAT THE HOSPITAL SUBMIT TO THE INSURER OR ORGANIZATION OR
CORPORATION ONLY THE CLINICAL DOCUMENTATION OR, TO THE EXTENT AGREED
UPON BY THE HOSPITAL AND THE INSURER OR ORGANIZATION OR CORPORATION,
ELECTRONIC MEDICAL RECORDS, NECESSARY TO CONFIRM THE MEDICAL NECESSITY
OF THE EMERGENCY SERVICES OR INPATIENT SERVICES FOLLOWING AN EMERGENCY
DEPARTMENT VISIT PROVIDED BY THE HOSPITAL, WHICH INCLUDES WHETHER THE
SERVICES PROVIDED BY THE HOSPITAL WERE EMERGENCY SERVICES OR THAT THE
SITE OF SERVICE OR LEVEL OF CARE BILLED WAS APPROPRIATE FOR THE SERVICES
PROVIDED. THE HOSPITAL SHALL PROVIDE THE CLINICAL DOCUMENTATION TO THE
INSURER OR ORGANIZATION OR CORPORATION WITHIN FORTY-FIVE DAYS OF ITS
REQUEST.
(2) UNLESS OTHERWISE AGREED UPON BY THE HOSPITAL AND THE INSURER OR
ORGANIZATION OR CORPORATION, AN INSURER OR ORGANIZATION OR CORPORATION
MAY SUBMIT A CLAIM, WITHIN NINETY DAYS OF RECEIPT OF THE CLINICAL
DOCUMENTATION FROM THE HOSPITAL, TO A JOINT COMMITTEE COMPOSED OF CLINI-
CIANS FROM THE INSURER OR ORGANIZATION OR CORPORATION AND THE HOSPITAL
FOR A POST-PAYMENT AUDIT. IF THE HOSPITAL FAILS TO PROVIDE CLINICAL
DOCUMENTATION TO THE INSURER OR ORGANIZATION OR CORPORATION WITHIN
FORTY-FIVE DAYS OF THE REQUEST, THE INSURER OR ORGANIZATION OR CORPO-
RATION MAY SUBMIT THE CLAIM TO THE JOINT COMMITTEE FOR REVIEW WITHIN
NINETY DAYS AFTER THE END OF THE FORTY-FIVE DAY PERIOD. THE JOINT
COMMITTEE SHALL MEET AT LEAST QUARTERLY TO REVIEW SUCH CLAIMS. NOTHING
HEREIN SHALL REQUIRE THE JOINT COMMITTEE TO BE REGISTERED AS A UTILIZA-
TION REVIEW AGENT UNDER ARTICLE FORTY-NINE OF THE PUBLIC HEALTH LAW OR
FILE A UTILIZATION REVIEW REPORT UNDER ARTICLE FORTY-NINE OF THIS CHAP-
TER.
(3) WITHIN NINETY DAYS OF THE JOINT COMMITTEE'S RECEIPT OF THE REQUEST
TO REVIEW THE CLAIM FROM AN INSURER OR ORGANIZATION OR CORPORATION, THE
JOINT COMMITTEE SHALL REQUEST THE CLINICAL DOCUMENTATION FROM THE HOSPI-
TAL, REVIEW THE CLAIM AND INFORMATION SUBMITTED BY THE PARTIES, AND MAKE
A JOINT DETERMINATION AS TO THE MEDICAL NECESSITY OF THE SERVICES
S. 4007--A 125 A. 3007--A
PROVIDED, WHICH INCLUDES WHETHER THE SERVICES WERE EMERGENCY SERVICES OR
THAT THE SITE OF SERVICE OR LEVEL OF CARE BILLED WAS APPROPRIATE FOR THE
SERVICES; PROVIDED, HOWEVER, THE INSURER OR ORGANIZATION OR CORPORATION
AND HOSPITAL MAY AGREE TO MEET MORE FREQUENTLY THAN EVERY NINETY DAYS,
SO LONG AS SUCH FREQUENCY DOES NOT REQUIRE THE JOINT COMMITTEE TO MEET
MORE FREQUENTLY THAN EVERY THIRTY DAYS. FAILURE BY THE HOSPITAL TO
PROVIDE THE CLINICAL DOCUMENTATION TO THE JOINT COMMITTEE WITHIN SIXTY
DAYS OF REQUEST, OR AN ALTERNATIVE TIMEFRAME AS MAY BE AGREED UPON BY
ALL PARTIES, SHALL RESULT IN A FINAL DETERMINATION THAT THE SERVICES
WERE NOT MEDICALLY NECESSARY BY THE JOINT COMMITTEE, WHICH SHALL NOT BE
SUBJECT TO REVIEW UNDER ARTICLE FORTY-NINE OF THIS CHAPTER AND ARTICLE
FORTY-NINE OF THE PUBLIC HEALTH LAW.
(A) IN THE EVENT A JOINT DETERMINATION CANNOT BE AGREED UPON WITHIN
THE NINETY-DAY PERIOD, THE HOSPITAL OR INSURER OR ORGANIZATION OR CORPO-
RATION MAY REFER THE CLAIM TO A MUTUALLY AGREED UPON INDEPENDENT THIRD-
PARTY REVIEW AGENT WITHIN FIVE BUSINESS DAYS FROM THE END OF THE NINE-
TY-DAY PERIOD, FOR A DETERMINATION. THE DETERMINATION OF THE INDEPENDENT
THIRD-PARTY REVIEW AGENT SHALL BE BINDING.
(B) THE HOSPITAL AND THE INSURER OR ORGANIZATION OR CORPORATION SHALL
DESIGNATE ONE OR MORE MUTUALLY AGREED UPON INDEPENDENT THIRD-PARTY
REVIEW AGENTS IN THE PARTICIPATING PROVIDER AGREEMENT. IF THE HOSPITAL
AND THE INSURER OR ORGANIZATION OR CORPORATION ARE UNABLE TO REACH
AGREEMENT IN THE PARTICIPATING PROVIDER AGREEMENT ON ONE OR MORE INDE-
PENDENT THIRD-PARTY REVIEW AGENTS, THEN THE INSURER OR ORGANIZATION OR
CORPORATION MAY SELECT AN INDEPENDENT THIRD-PARTY REVIEW AGENT THAT HAS
BEEN CERTIFIED BY THE SUPERINTENDENT AS AN EXTERNAL APPEAL AGENT PURSU-
ANT TO ARTICLE FORTY-NINE OF THIS CHAPTER OR AS AN INDEPENDENT DISPUTE
RESOLUTION ENTITY PURSUANT TO ARTICLE SIX OF THE FINANCIAL SERVICES LAW.
IF THE INDEPENDENT THIRD-PARTY REVIEW AGENT DETERMINES THAT THE SERVICES
PROVIDED WERE NOT MEDICALLY NECESSARY, IN WHOLE OR IN PART, THE INSURER
OR CORPORATION OR ORGANIZATION MAY RECOUP, OFFSET, OR OTHERWISE REQUIRE
THE HOSPITAL TO REFUND ANY OVERPAYMENT RESULTING FROM ITS DETERMINATION
CONSISTENT WITH SUBSECTION (B) OF SECTION THREE THOUSAND TWO HUNDRED
TWENTY-FOUR-B OF THIS ARTICLE WITHIN THIRTY DAYS. THE INSURER OR ORGAN-
IZATION OR CORPORATION SHALL PROVIDE WRITTEN NOTIFICATION TO THE HOSPI-
TAL OF SUCH RECOUP OR OFFSET, WHICH SHALL INCLUDE: (I) THE CLAIM NUMBER;
(II) THE AMOUNT OF THE OVERPAYMENT; AND (III) THE DATE OF THE JOINT
COMMITTEE DETERMINATION.
(C) DURING THE ENTIRETY OF THE REVIEW PROCESS, THE HOSPITAL SHALL PEND
THE IMPOSITION OF ANY COPAYMENT, COINSURANCE OR DEDUCTIBLE UNTIL SUCH
TIME AS THERE IS A FINAL DETERMINATION AS TO WHETHER THE SERVICES IN
QUESTION WERE MEDICALLY NECESSARY. THE HOSPITAL MAY THEREAFTER BILL THE
INSURED FOR THE AMOUNT OF THE COPAYMENT, COINSURANCE OR DEDUCTIBLE FOR
SERVICES DETERMINED TO BE MEDICALLY NECESSARY AND SHALL HOLD THE INSURED
HARMLESS FOR ANY OTHER AMOUNTS, INCLUDING AMOUNTS FOR SERVICES DETER-
MINED TO BE NOT MEDICALLY NECESSARY.
(4) NOTHING IN THIS SUBSECTION SHALL IN ANY WAY BE DEEMED TO LIMIT THE
ABILITY OF INSURERS OR ORGANIZATIONS OR CORPORATIONS AND HOSPITALS TO
AGREE TO ESTABLISH PARAMETERS FOR REFERRAL OR REVIEW OF MEDICAL RECORDS,
INCLUDING WHILE THE INSURED IS IN THE HOSPITAL, OR FOR INSURERS OR
ORGANIZATIONS OR CORPORATIONS TO REQUIRE PREAUTHORIZATION FOR SERVICES
THAT ARE NOT EMERGENCY SERVICES.
(5) FOR PURPOSES OF THIS SUBSECTION, "HOSPITAL" SHALL MEAN A GENERAL
HOSPITAL AS DEFINED IN SECTION TWO THOUSAND EIGHT HUNDRED ONE OF THE
PUBLIC HEALTH LAW AND RURAL EMERGENCY HOSPITALS AS DEFINED BY 42 USC
1395X(KKK).
S. 4007--A 126 A. 3007--A
(6) NOTHING IN THIS SUBSECTION SHALL PRECLUDE AN INSURER OR ORGANIZA-
TION OR CORPORATION AND A HOSPITAL FROM AGREEING TO OTHER DISPUTE RESOL-
UTION MECHANISMS, PROVIDED THAT THE PARTIES MAY NOT NEGOTIATE AWAY THE
REQUIREMENT THAT THE INSURER OR ORGANIZATION OR CORPORATION PAY THE
CLAIM AS BILLED BY THE HOSPITAL PRIOR TO REVIEWING SUCH CLAIM FOR
MEDICAL NECESSITY. WHEN A HOSPITAL AND AN INSURER OR ORGANIZATION OR
CORPORATION ARE PARTIES TO A PARTICIPATING PROVIDER AGREEMENT APPLICABLE
TO THE INPATIENT HOSPITAL ADMISSION BEING REVIEWED BY THE JOINT COMMIT-
TEE, THE DEFINITION OF MEDICAL NECESSITY SET FORTH IN SUCH PARTICIPATING
PROVIDER AGREEMENT SHALL APPLY FOR PURPOSES OF JOINT COMMITTEE AND INDE-
PENDENT THIRD-PARTY REVIEW.
§ 2. Subsection (b) of section 3224-a of the insurance law, as amended
by chapter 694 of the laws of 2021, is amended to read as follows:
(b) In a case where the obligation of an insurer or an organization or
corporation licensed or certified pursuant to article forty-three or
forty-seven of this chapter or article forty-four of the public health
law to pay a claim or make a payment for health care services rendered
is not reasonably clear due to a good faith dispute regarding the eligi-
bility of a person for coverage, the liability of another insurer or
corporation or organization for all or part of the claim, the amount of
the claim, the benefits covered under a contract or agreement, or the
manner in which services were accessed or provided, an insurer or organ-
ization or corporation shall pay any undisputed portion of the claim in
accordance with this subsection and notify the policyholder, covered
person or health care provider in writing, and through the internet or
other electronic means for claims submitted in that manner, within thir-
ty calendar days of the receipt of the claim:
(1) whether the claim or bill has been denied or partially approved;
(2) which claim or medical payment that it is not obligated to pay THE
CLAIM, stating the specific reasons why it is not liable; and
(3) to request all additional information needed to determine liabil-
ity to pay the claim or make the health care payment; and
(4) of the specific type of plan or product the policyholder or
covered person is enrolled in; provided that nothing in this section
shall authorize discrimination based on the source of payment.
Upon receipt of the information requested in paragraph three of this
subsection or an appeal of a claim or bill for health care services
denied pursuant to this subsection, an insurer or organization or corpo-
ration licensed or certified pursuant to article forty-three or forty-
seven of this chapter or article forty-four of the public health law
shall comply with subsection (a) of this section; provided, that if the
insurer or organization or corporation licensed or certified pursuant to
article forty-three or forty-seven of this chapter or article forty-four
of the public health law determines that payment or additional payment
is due on [the] A claim[,] AS A RESULT OF AN INTERNAL OR EXTERNAL APPEAL
DETERMINATION MADE PURSUANT TO SECTION FOUR THOUSAND NINE HUNDRED FOUR
OR TITLE TWO OF ARTICLE FORTY-NINE OF THIS CHAPTER OR SECTION FOUR THOU-
SAND NINE HUNDRED FOUR OR TITLE TWO OF ARTICLE FORTY-NINE OF THE PUBLIC
HEALTH LAW, such payment shall be made to the policyholder or covered
person or health care provider within fifteen days of the determination.
Any denial or partial approval of claim or payment and the specific
reasons for such denial or partial approval pursuant to this subsection
shall be prominently displayed on a written notice with at least twelve-
point type. A partial approval of claim or payment shall state at the
top of such written notice with at least fourteen-point type bold:
"NOTICE OF PARTIAL APPROVAL OF MEDICAL COVERAGE". A denial of claim or
S. 4007--A 127 A. 3007--A
payment shall state at the top of such written notice with at least
fourteen-point type bold: "NOTICE OF DENIAL OF MEDICAL COVERAGE". Any
additional terms or conditions included on such notice of partial
approval or such notice of denial, such as but not limited to time
restraints to file an appeal, shall be included with at least twelve-
point type.
§ 3. Paragraphs 4 and 5 of subsection (b) of section 3224-b of the
insurance law are renumbered paragraphs 6 and 7 and two new paragraphs 4
and 5 are added to read as follows:
(4) A REVIEW OR AUDIT OF CLAIMS BY OR ON BEHALF OF A HEALTH PLAN SHALL
NOT REVERSE OR OTHERWISE ALTER A MEDICAL NECESSITY DETERMINATION, WHICH
INCLUDES, A SITE OF SERVICE OR LEVEL OF CARE DETERMINATION MADE BY A
UTILIZATION REVIEW AGENT OR EXTERNAL APPEAL AGENT PURSUANT TO ARTICLE
FORTY-NINE OF THIS CHAPTER OR ARTICLE FORTY-NINE OF THE PUBLIC HEALTH
LAW.
(5) A REVIEW OR AUDIT OF CLAIMS BY OR ON BEHALF OF A HEALTH PLAN SHALL
NOT DOWNGRADE THE CODING OF A CLAIM IF IT HAS THE EFFECT OF REVERSING OR
ALTERING A MEDICAL NECESSITY DETERMINATION, WHICH INCLUDES, A LEVEL OF
CARE DETERMINATION MADE BY OR ON BEHALF OF THE HEALTH PLAN; PROVIDED
HOWEVER, THAT NOTHING IN THIS PARAGRAPH SHALL LIMIT A HEALTH PLAN'S
ABILITY TO REVIEW OR AUDIT CLAIMS FOR FRAUD, WASTE OR ABUSE.
§ 4. The opening paragraph of subsection (c) of section 4904 of the
insurance law, as amended by section 18 of part YY of chapter 56 of the
laws of 2020, is amended to read as follows:
A utilization review agent shall establish a standard appeal process
which includes procedures for appeals to be filed in writing or by tele-
phone. A utilization review agent must establish a period of no less
than forty-five days after receipt of notification by the insured of the
initial utilization review determination and receipt of all necessary
information to file the appeal from said determination. The utilization
review agent must provide written acknowledgment of the filing of the
appeal to the appealing party within fifteen days of such filing and
shall make a determination with regard to the appeal within thirty days
of the receipt of necessary information to conduct the appeal and, upon
overturning the adverse decision, shall comply with subsection [(a)] (B)
of section three thousand two hundred twenty-four-a of this chapter as
applicable. The utilization review agent shall notify the insured, the
insured's designee and, where appropriate, the insured's health care
provider, in writing of the appeal determination within two business
days of the rendering of such determination.
§ 5. The opening paragraph of subdivision 3 of section 4904 of the
public health law, as amended by section 17 of part YY of chapter 56 of
the laws of 2020, is amended to read as follows:
A utilization review agent shall establish a standard appeal process
which includes procedures for appeals to be filed in writing or by tele-
phone. A utilization review agent must establish a period of no less
than forty-five days after receipt of notification by the enrollee of
the initial utilization review determination and receipt of all neces-
sary information to file the appeal from said determination. The utili-
zation review agent must provide written acknowledgment of the filing of
the appeal to the appealing party within fifteen days of such filing and
shall make a determination with regard to the appeal within thirty days
of the receipt of necessary information to conduct the appeal and, upon
overturning the adverse determination, shall comply with subsection
[(a)] (B) of section three thousand two hundred twenty-four-a of the
insurance law as applicable. The utilization review agent shall notify
S. 4007--A 128 A. 3007--A
the enrollee, the enrollee's designee and, where appropriate, the
enrollee's health care provider, in writing, of the appeal determination
within two business days of the rendering of such determination. The
notice of the appeal determination shall include:
§ 6. Nothing in this act shall limit the authority of the office of
the medicaid inspector general, the department of health, or the state
from conducting oversight activities, audits, recovering funds and
imposing penalties in accordance with any relevant rule, regulation,
provision of law or contract.
§ 7. This act shall take effect January 1, 2024.
PART K
Section 1. Subparagraphs 1 and 2 of paragraph (e) of subdivision 1 of
section 366 of the social services law, as added by section 1 of part D
of chapter 56 of the laws of 2013, clause (iii) of subparagraph 2 as
amended by chapter 477 of the laws of 2022, are amended to read as
follows:
(1) is an inmate or patient in an institution or facility wherein
medical assistance may not be provided in accordance with applicable
federal or state requirements, except for persons described in subpara-
graph ten of paragraph (c) of this subdivision or subdivision one-a or
subdivision one-b of this section; OR EXCEPT FOR CERTAIN SERVICES
PROVIDED TO PERSONS IN A CORRECTIONAL INSTITUTION OR FACILITY PERMITTED
BY A WAIVER AUTHORIZED PURSUANT TO SECTION ELEVEN HUNDRED FIFTEEN OF THE
FEDERAL SOCIAL SECURITY ACT; IF, SO LONG AS, AND TO THE EXTENT FEDERAL
FINANCIAL PARTICIPATION IS AVAILABLE FOR SUCH EXPENDITURES PROVIDED
PURSUANT TO SUCH WAIVER; or
(2) is a patient in a public institution operated primarily for the
treatment of tuberculosis or care of the mentally disabled, with the
exception of: (i) a person sixty-five years of age or older and a
patient in any such institution; (ii) a person under twenty-one years of
age and receiving in-patient psychiatric services in a public institu-
tion operated primarily for the care of the mentally disabled; (iii) a
patient in a public institution operated primarily for the care of indi-
viduals with developmental disabilities who is receiving medical care or
treatment in that part of such institution that has been approved pursu-
ant to law as a hospital or nursing home; (iv) a patient in an institu-
tion operated by the state department of mental hygiene, while under
care in a hospital on release from such institution for the purpose of
receiving care in such hospital; [or] (v) is a person residing in a
community residence or a residential care center for adults; OR (VI)
CERTAIN SERVICES PROVIDED TO PERSONS IN AN INSTITUTION FOR MENTAL
DISEASES PERMITTED BY A WAIVER AUTHORIZED PURSUANT TO SECTION ELEVEN
HUNDRED FIFTEEN OF THE FEDERAL SOCIAL SECURITY ACT; IF, SO LONG AS, AND
TO THE EXTENT FEDERAL FINANCIAL PARTICIPATION IS AVAILABLE FOR SUCH
EXPENDITURES PROVIDED PURSUANT TO SUCH WAIVER.
§ 2. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2023.
PART L
Section 1. Section 3241 of the insurance law is amended by adding a
new subsection (d) to read as follows:
(D)(1) FOR PURPOSES OF THIS SUBSECTION:
S. 4007--A 129 A. 3007--A
(A) "FREE-STANDING AMBULATORY SURGICAL CENTER" SHALL MEAN A DIAGNOSTIC
AND TREATMENT CENTER AUTHORIZED PURSUANT TO ARTICLE TWENTY-EIGHT OF THE
PUBLIC HEALTH LAW AND OPERATED INDEPENDENTLY FROM A HOSPITAL.
(B) "HEALTH CARE PLAN" SHALL MEAN AN INSURER, A CORPORATION ORGANIZED
PURSUANT TO ARTICLE FORTY-THREE OF THIS CHAPTER, A HEALTH MAINTENANCE
ORGANIZATION CERTIFIED PURSUANT TO ARTICLE FORTY-FOUR OF THE PUBLIC
HEALTH LAW, A MUNICIPAL COOPERATIVE HEALTH BENEFIT PLAN CERTIFIED PURSU-
ANT TO ARTICLE FORTY-SEVEN OF THIS CHAPTER, AND A STUDENT HEALTH PLAN
ESTABLISHED OR MAINTAINED PURSUANT TO SECTION ONE THOUSAND ONE HUNDRED
TWENTY-FOUR OF THIS CHAPTER, THAT ISSUES A HEALTH INSURANCE POLICY OR
CONTRACT OR THAT ARRANGES FOR CARE AND SERVICES FOR MEMBERS UNDER A
CONTRACT WITH THE DEPARTMENT OF HEALTH WITH A NETWORK OF HEALTH CARE
PROVIDERS AND UTILIZES SITE OF SERVICE REVIEW TO DETERMINE COVERAGE FOR
SERVICES DELIVERED BY PARTICIPATING PROVIDERS.
(C) "HOSPITAL-BASED OUTPATIENT CLINIC" SHALL MEAN A CLINIC AUTHORIZED
PURSUANT TO ARTICLE TWENTY-EIGHT OF THE PUBLIC HEALTH LAW AND LISTED ON
A HOSPITAL'S OPERATING CERTIFICATE.
(D) "SITE OF SERVICE REVIEW" SHALL MEAN CRITERIA APPLIED BY A HEALTH
CARE PLAN FOR PURPOSES OF DETERMINING WHETHER A PROCEDURE WILL BE
COVERED FOR A GIVEN INSURED OR ENROLLEE WHEN RENDERED BY A NETWORK
PROVIDER AT A HOSPITAL-BASED OUTPATIENT CLINIC RATHER THAN A FREE-STAND-
ING AMBULATORY SURGICAL CENTER.
(2) SITE OF SERVICE REVIEW SHALL BE DEEMED UTILIZATION REVIEW IN
ACCORDANCE WITH AND SUBJECT TO THE REQUIREMENTS AND PROTECTIONS OF ARTI-
CLE FORTY-NINE OF THIS CHAPTER AND ARTICLE FORTY-NINE OF THE PUBLIC
HEALTH LAW, INCLUDING THE RIGHT TO INTERNAL AND EXTERNAL APPEAL OF
DENIALS RELATED TO SITE OF SERVICE.
(3) SITE OF SERVICE REVIEW SHALL PRIORITIZE PATIENT HEALTH AND SAFETY,
PATIENT CHOICE OF HEALTH CARE PROVIDER, AND ACCESS TO CARE AND SHALL NOT
BE BASED SOLELY ON COST.
(4) A HEALTH CARE PLAN SHALL HAVE ADEQUATE FREE-STANDING AMBULATORY
SURGICAL CENTER PROVIDERS TO MEET THE HEALTH NEEDS OF INSUREDS AND
ENROLLEES AND TO PROVIDE AN APPROPRIATE CHOICE OF PROVIDERS SUFFICIENT
TO RENDER THE SERVICES COVERED UNDER THE POLICY OR CONTRACT.
(5) EXCEPT AS PROVIDED IN PARAGRAPH SIX OF THIS SUBSECTION, STARTING
JANUARY FIRST, TWO THOUSAND TWENTY-FOUR, A HEALTH CARE PLAN SHALL
PROVIDE NOTICE DISCLOSING AND CLEARLY EXPLAINING THE SITE OF SERVICE
REVIEW TO:
(A) POLICYHOLDERS, CONTRACT HOLDERS, INSUREDS, AND ENROLLEES AND
PROSPECTIVE POLICYHOLDERS, CONTRACT HOLDERS, INSUREDS, AND ENROLLEES AT
THE TIME OF PLAN AND POLICY OR CONTRACT SELECTION. THIS DISCLOSURE SHALL
INCLUDE A STATEMENT THAT SITE OF SERVICE REVIEW MAY LIMIT THE SETTINGS
IN WHICH SERVICES COVERED UNDER THE POLICY OR CONTRACT MAY BE PROVIDED
AND RENDER A PARTICIPATING PROVIDER UNABLE TO PERFORM A SERVICE AND
SHALL DISCLOSE TO INSUREDS OR ENROLLEES ANY QUALITY OR COST DIFFEREN-
TIAL, INCLUDING DIFFERENCES IN OUT-OF-POCKET COSTS, BETWEEN THE HOSPI-
TAL-BASED OUTPATIENT CLINIC AND THE FREE-STANDING AMBULATORY SURGICAL
CENTER WHEN SERVICES AT A HOSPITAL-BASED OUTPATIENT CLINIC ARE
REQUESTED, OR AT ANY OTHER TIME UPON THE INSURED'S OR ENROLLEE'S
REQUEST. PROVIDER DIRECTORIES SHALL ALSO INDICATE WHEN HEALTH CARE PLAN
SITE OF SERVICE REVIEW MAY LIMIT THE SCOPE OF SERVICES THAT WILL BE
COVERED WHEN DELIVERED BY A PARTICIPATING PROVIDER;
(B) PARTICIPATING PROVIDERS AT LEAST NINETY DAYS PRIOR TO IMPLEMENTA-
TION. A HEALTH CARE PLAN SHALL ALSO INFORM PROVIDERS OF THE PROCESS FOR
REQUESTING COVERAGE OF A SERVICE IN A HOSPITAL-BASED OUTPATIENT CLINIC
S. 4007--A 130 A. 3007--A
SETTING, INCLUDING THE RIGHT TO REQUEST A REAL TIME CLINICAL PEER TO
PEER DISCUSSION AS PART OF THE AUTHORIZATION PROCESS; AND
(C) THE SUPERINTENDENT AND, AS APPLICABLE, TO THE COMMISSIONER OF
HEALTH, AT LEAST FORTY-FIVE DAYS PRIOR TO NOTIFYING POLICYHOLDERS,
CONTRACT HOLDERS, INSUREDS AND ENROLLEES AND PROSPECTIVE POLICYHOLDERS,
CONTRACT HOLDERS, INSUREDS AND ENROLLEES AND PARTICIPATING PROVIDERS IN
ACCORDANCE WITH THIS SUBSECTION. SUCH NOTICE TO THE SUPERINTENDENT AND,
AS APPLICABLE, TO THE COMMISSIONER OF HEALTH, SHALL INCLUDE DRAFT COMMU-
NICATIONS TO THE FOREGOING PERSONS FOR PURPOSES OF COMPLYING WITH THIS
SUBSECTION.
(6) A HEALTH CARE PLAN THAT HAS IMPLEMENTED SITE OF SERVICE REVIEW
PRIOR TO JANUARY FIRST, TWO THOUSAND TWENTY-FOUR SHALL PROVIDE THE
DISCLOSURES SET FORTH IN PARAGRAPH FIVE OF THIS SUBSECTION AT THE BEGIN-
NING OF THE OPEN ENROLLMENT PERIOD FOR INDIVIDUAL HEALTH INSURANCE POLI-
CIES AND CONTRACTS, AND FOR GROUP HEALTH INSURANCE POLICIES AND
CONTRACTS, PRIOR TO ISSUANCE, RENEWAL, OR JANUARY FIRST, TWO THOUSAND
TWENTY-FOUR, WHICHEVER IS EARLIER.
(7) STARTING JANUARY FIRST, TWO THOUSAND TWENTY-FOUR, AT A MINIMUM, A
HEALTH CARE PLAN SHALL APPROVE A SERVICE COVERED UNDER THE POLICY OR
CONTRACT AND REQUESTED TO BE PERFORMED BY A NETWORK PROVIDER AT A HOSPI-
TAL-BASED OUTPATIENT CLINIC IN THE FOLLOWING SITUATIONS:
(A) THE PROCEDURE CANNOT BE SAFELY PERFORMED IN A FREE-STANDING AMBU-
LATORY SURGICAL CENTER DUE TO THE INSURED'S OR ENROLLEE'S HEALTH CONDI-
TION OR THE HEALTH CARE SERVICES;
(B) THERE IS NOT SUFFICIENT FREE-STANDING AMBULATORY SURGICAL CENTER
CAPACITY IN THE INSURED'S OR ENROLLEE'S GEOGRAPHIC AREA; OR
(C) THE PROVISION OF HEALTH CARE SERVICES AT A FREE-STANDING AMBULATO-
RY SURGICAL CENTER WOULD RESULT IN UNDUE DELAY.
(8) STARTING JANUARY FIRST, TWO THOUSAND TWENTY-FOUR, SITE OF SERVICE
CLINICAL REVIEW CRITERIA DEVELOPED BY HEALTH CARE PLANS SHALL ALSO TAKE
INTO CONSIDERATION WHETHER:
(A) THE INSURED'S OR ENROLLEE'S IN-NETWORK TREATING PHYSICIAN RECOM-
MENDS THAT THE SERVICE BE PROVIDED AT A HOSPITAL-BASED OUTPATIENT CLIN-
IC;
(B) THE INSURED'S IN-NETWORK TREATING PHYSICIAN IS NOT CREDENTIALED OR
DOES NOT HAVE PRIVILEGES AT A FREE-STANDING AMBULATORY SURGICAL CENTER;
OR
(C) THE INSURED HAS AN ESTABLISHED RELATIONSHIP WITH AN IN-NETWORK
TREATING PHYSICIAN WHO PERFORMS THE REQUESTED SERVICE IN A HOSPITAL-
BASED OUTPATIENT CLINIC.
§ 2. This act shall take effect April 1, 2023.
PART M
Section 1. Subdivision 3 of section 2801-a of the public health law,
as amended by section 57 of part A of chapter 58 of the laws of 2010, is
amended to read as follows:
3. The public health and health planning council shall not approve a
certificate of incorporation, articles of organization or application
for establishment unless it is satisfied, insofar as applicable, as to
(a) the public need for the existence of the institution at the time and
place and under the circumstances proposed, provided, however, that in
the case of an institution proposed to be established or operated by an
organization defined in subdivision one of section one hundred seventy-
two-a of the executive law, the needs of the members of the religious
denomination concerned, for care or treatment in accordance with their
S. 4007--A 131 A. 3007--A
religious or ethical convictions, shall be deemed to be public need; (b)
the character, competence, and standing in the community, of the
proposed incorporators, directors, sponsors, stockholders, members, or
operators; with respect to any proposed incorporator, director, sponsor,
stockholder, member, or operator who is already or within the past [ten]
SEVEN years [has] been an incorporator, director, sponsor, member, prin-
cipal stockholder, principal member, or operator OF any hospital OR
OTHER HEALTH-RELATED OR LONG-TERM CARE FACILITY, PROGRAM OR AGENCY,
INCLUDING BUT NOT LIMITED TO, private proprietary home for adults, resi-
dence for adults, or non-profit home for the aged or blind which has
been issued an operating certificate by the state department of social
services, or a halfway house, hostel or other residential facility or
institution for the care, custody or treatment of the mentally disabled
which is subject to approval by the department of mental hygiene, no
approval shall be granted unless the public health and health planning
council, having afforded an adequate opportunity to members of health
systems agencies, if any, having geographical jurisdiction of the area
where the institution is to be located to be heard, shall affirmatively
find by substantial evidence as to each such incorporator, director,
sponsor, MEMBER, principal stockholder, PRINCIPAL MEMBER, or operator
that a substantially consistent high level of care is being or was being
rendered in each such hospital, home, residence, halfway house, hostel,
or other residential facility or institution [with] IN which such person
is or was affiliated; for the purposes of this paragraph, the public
health and health planning council shall adopt rules and regulations,
subject to the approval of the commissioner, to establish the criteria
to be used to determine whether a substantially consistent high level of
care has been rendered, provided, however, that there shall not be a
finding that a substantially consistent high level of care has been
rendered where there have been violations of the state hospital code, or
other applicable rules and regulations, that (i) threatened to directly
affect the health, safety or welfare of any patient or resident, and
(ii) were recurrent or were not promptly corrected; (c) the financial
resources of the proposed institution and its sources of future reven-
ues; and (d) such other matters as it shall deem pertinent.
§ 2. Paragraphs (b) and (c) of subdivision 4 of section 2801-a of the
public health law, as amended by section 57 of part A of chapter 58 of
the laws of 2010, are amended to read as follows:
(b) [(i)] Any transfer, assignment or other disposition of [ten
percent or more of] an interest, STOCK, or voting rights in a SOLE
PROPRIETORSHIP, partnership [or], limited liability company, OR CORPO-
RATION which is the operator of a hospital [to a new partner or member]
OR ANY TRANSFER, ASSIGNMENT OR OTHER DISPOSITION WHICH RESULTS IN THE
OWNERSHIP OR CONTROL OF AN INTEREST, STOCK, OR VOTING RIGHTS IN THAT
OPERATOR, shall be approved by the public health and health planning
council, in accordance with the provisions of subdivisions two [and],
three, AND THREE-B of this section, except that: [(A) any such change
shall be subject to the approval by the public]
(I) PUBLIC health and health planning council APPROVAL in accordance
with paragraph (b) of [subdivision] SUBDIVISIONS three AND THREE-B of
this section SHALL BE REQUIRED only with respect to [the new partner or
member, and] any [remaining partners or members] PERSON, PARTNER,
MEMBER, OR STOCKHOLDER who [have] HAS not been previously approved for
that [facility] OPERATOR in accordance with such [paragraph, and (B)
such] PARAGRAPHS.
S. 4007--A 132 A. 3007--A
(II) SUCH change shall not be subject to THE PUBLIC NEED ASSESSMENT
DESCRIBED IN paragraph (a) of subdivision three of this section.
[(ii) With] (III) NO PRIOR APPROVAL OF THE PUBLIC HEALTH AND HEALTH
PLANNING COUNCIL SHALL BE REQUIRED WITH respect to a transfer, assign-
ment or disposition [involving less than ten percent of], DIRECTLY OR
INDIRECTLY, OF: (A) an interest, STOCK, or voting rights OF LESS THAN
TEN PERCENT in [such partnership or limited liability company] THE OPER-
ATOR, to [a new] ANY PERSON, partner [or], member, [no prior approval of
the public health and health planning council shall be required] OR
STOCKHOLDER WHO HAS NOT BEEN PREVIOUSLY APPROVED BY THE PUBLIC HEALTH
AND HEALTH PLANNING COUNCIL, OR ITS PREDECESSOR FOR THAT OPERATOR.
However, no such transaction shall be effective unless at least ninety
days prior to the intended effective date thereof, the [partnership or
limited liability company] OPERATOR fully completes and files with the
public health and health planning council notice on a form, to be devel-
oped by the public health and health planning council, which shall
disclose such information as may reasonably be necessary FOR THE DEPART-
MENT TO RECOMMEND AND for the public health and health planning council
to determine whether it should bar the transaction for any of the
reasons set forth in item [(A), (B), (C) or (D)] ONE, TWO, THREE OR FOUR
below, AND HAS FULLY RESPONDED TO ANY REQUEST FOR ADDITIONAL INFORMATION
BY THE DEPARTMENT ACTING ON BEHALF OF THE PUBLIC HEALTH AND HEALTH PLAN-
NING COUNCIL DURING THE REVIEW PERIOD. SUCH TRANSACTION WILL BE FINAL
UPON COMPLETION OF THE REVIEW PERIOD, WHICH SHALL BE NO LONGER THAN
NINETY DAYS FROM THE DATE THE DEPARTMENT RECEIVES A COMPLETE RESPONSE TO
ITS FINAL REQUEST FOR ADDITIONAL INFORMATION, UNLESS, PRIOR THERETO, THE
PUBLIC HEALTH AND HEALTH PLANNING COUNCIL HAS NOTIFIED EACH PARTY TO THE
PROPOSED TRANSACTION THAT IT HAS BARRED SUCH TRANSACTIONS. [Within
ninety days from the date of receipt of such notice, the] THE public
health and health planning council may bar, any transaction under this
subparagraph: [(A)] (1) if the equity position of the partnership [or],
limited liability company, OR CORPORATION THAT OPERATES A HOSPITAL FOR
PROFIT, determined in accordance with generally accepted accounting
principles, would be reduced as a result of the transfer, assignment or
disposition; [(B)] (2) if the transaction would result in the ownership
of a partnership or membership interest OR STOCK by any persons who have
been convicted of a felony described in subdivision five of section
twenty-eight hundred six of this article; [(C)] (3) if there are reason-
able grounds to believe that the proposed transaction does not satisfy
the character and competence criteria set forth in subdivision three OR
THREE-B of this section; or [(D)] (4) if the transaction, together with
all transactions under this subparagraph for the [partnership, or
successor,] OPERATOR during any five year period would, in the aggre-
gate, involve twenty-five percent or more of the interest in the [part-
nership] OPERATOR. The public health and health planning council shall
state specific reasons for barring any transaction under this subpara-
graph and shall so notify each party to the proposed transaction[.]; OR
[(iii) With respect to a transfer, assignment or disposition of] (B)
an interest, STOCK, or voting rights [in such partnership or limited
liability company] to any [remaining] PERSON, partner [or], member,
[which transaction involves the withdrawal of the transferor from the
partnership or limited liability company, no prior approval of the
public health and health planning council shall be required] OR STOCK-
HOLDER, PREVIOUSLY APPROVED BY THE PUBLIC HEALTH AND HEALTH PLANNING
COUNCIL, OR ITS PREDECESSOR, FOR THAT OPERATOR. However, no such trans-
action shall be effective unless at least ninety days prior to the
S. 4007--A 133 A. 3007--A
intended effective date thereof, the [partnership or limited liability
company] OPERATOR fully completes and files with the public health and
health planning council notice on a form, to be developed by the public
health and health planning council, which shall disclose such informa-
tion as may reasonably be necessary FOR THE DEPARTMENT TO RECOMMEND AND
for the public health and health planning council to determine whether
it should bar the transaction for the reason set forth below, AND HAS
FULLY RESPONDED TO ANY REQUEST FOR ADDITIONAL INFORMATION BY THE DEPART-
MENT ACTING ON BEHALF OF THE PUBLIC HEALTH AND HEALTH PLANNING COUNCIL
DURING THE REVIEW PERIOD. SUCH TRANSACTION WILL BE FINAL UPON COMPLETION
OF THE REVIEW PERIOD, WHICH SHALL BE NO LONGER THAN NINETY DAYS FROM THE
DATE THE DEPARTMENT RECEIVES A COMPLETE RESPONSE TO ITS FINAL REQUEST
FOR ADDITIONAL INFORMATION, UNLESS, PRIOR THERETO, THE PUBLIC HEALTH AND
HEALTH PLANNING COUNCIL HAS NOTIFIED EACH PARTY TO THE PROPOSED TRANS-
ACTION THAT IT HAS BARRED SUCH TRANSACTIONS. [Within ninety days from
the date of receipt of such notice, the] THE public health and health
planning council may bar any transaction under this subparagraph if the
equity position of the [partnership or limited liability company] OPERA-
TOR, determined in accordance with generally accepted accounting princi-
ples, would be reduced as a result of the transfer, assignment or dispo-
sition. The public health and health planning council shall state
specific reasons for barring any transaction under this subparagraph and
shall so notify each party to the proposed transaction.
(c) [Any transfer, assignment or other disposition of ten percent or
more of the stock or voting rights thereunder of a corporation which is
the operator of a hospital or which is a member of a limited liability
company which is the operator of a hospital to a new stockholder, or any
transfer, assignment or other disposition of the stock or voting rights
thereunder of such a corporation which results in the ownership or
control of more than ten percent of the stock or voting rights there-
under of such corporation by any person not previously approved by the
public health and health planning council, or its predecessor, for that
corporation shall be subject to approval by the public health and health
planning council, in accordance with the provisions of subdivisions two
and three of this section and rules and regulations pursuant thereto;
except that: any such transaction shall be subject to the approval by
the public health and health planning council in accordance with para-
graph (b) of subdivision three of this section only with respect to a
new stockholder or a new principal stockholder; and shall not be subject
to paragraph (a) of subdivision three of this section. In the absence of
such approval, the operating certificate of such hospital shall be
subject to revocation or suspension. No prior approval of the public
health and health planning council shall be required with respect to a
transfer, assignment or disposition of ten percent or more of the stock
or voting rights thereunder of a corporation which is the operator of a
hospital or which is a member of a limited liability company which is
the owner of a hospital to any person previously approved by the public
health and health planning council, or its predecessor, for that corpo-
ration. However, no such transaction shall be effective unless at least
ninety days prior to the intended effective date thereof, the stockhold-
er completes and files with the public health and health planning coun-
cil notice on forms to be developed by the public health and health
planning council, which shall disclose such information as may reason-
ably be necessary for the public health and health planning council to
determine whether it should bar the transaction. Such transaction will
be final as of the intended effective date unless, prior thereto, the
S. 4007--A 134 A. 3007--A
public health and health planning council shall state specific reasons
for barring such transactions under this paragraph and shall notify each
party to the proposed transaction.] Nothing in this [paragraph] SUBDIVI-
SION shall be construed as permitting [a] ANY person, PARTNER, MEMBER,
OR STOCKHOLDER not previously approved by the public health and health
planning council for that [corporation] OPERATOR to [become the owner
of] OWN OR CONTROL, DIRECTLY OR INDIRECTLY, ten percent or more of the
INTEREST, stock, OR VOTING RIGHTS of [a] ANY PARTNERSHIP, LIMITED
LIABILITY COMPANY, OR corporation which is the operator of a hospital or
A CORPORATION which is a member of a limited liability company which is
the owner of a hospital without first obtaining the approval of the
public health and health planning council. IN THE ABSENCE OF APPROVAL BY
THE PUBLIC HEALTH AND HEALTH PLANNING COUNCIL AS REQUIRED UNDER THIS
SUBDIVISION, THE OPERATING CERTIFICATE OF SUCH HOSPITAL SHALL BE SUBJECT
TO REVOCATION OR SUSPENSION. FAILURE TO PROVIDE NOTICE AS REQUIRED
UNDER THIS SUBDIVISION MAY SUBJECT THE OPERATING CERTIFICATE OF SUCH
OPERATOR TO REVOCATION OR SUSPENSION.
§ 3. Section 3611-a of the public health law, as amended by section 92
of part C of chapter 58 of the laws of 2009, subdivisions 1 and 2 as
amended by section 67 of part A of chapter 58 of the laws of 2010, is
amended to read as follows:
§ 3611-a. Change in the operator or owner. 1. Any [change in the
person who, or any] transfer, assignment, or other disposition of an
interest, STOCK, or voting rights [of ten percent or more] IN A SOLE
PROPRIETORSHIP, PARTNERSHIP, LIMITED LIABILITY COMPANY, OR CORPORATION
WHICH IS THE OPERATOR OF A LICENSED HOME CARE SERVICES AGENCY OR A
CERTIFIED HOME HEALTH AGENCY, or any transfer, assignment or other
disposition which results in the ownership or control of an interest,
STOCK, or voting rights [of ten percent or more,] in [a limited liabil-
ity company or a partnership which is the] THAT operator [of a licensed
home care services agency or a certified home health agency], shall be
approved by the public health and health planning council, in accordance
with the provisions of subdivision four of section thirty-six hundred
five of this article relative to licensure or subdivision two of section
thirty-six hundred six of this article relative to certificate of
approval, except that:
(a) Public health and health planning council approval shall be
required only with respect to the person, [or the] PARTNER, member or
[partner] STOCKHOLDER that is acquiring the interest, STOCK, or voting
rights[; and].
(b) With respect to certified home health agencies, such change shall
not be subject to the public need assessment described in paragraph (a)
of subdivision two of section thirty-six hundred six of this article.
(C) WITH RESPECT TO LICENSED HOME CARE SERVICES AGENCIES, THE COMMIS-
SIONER MAY PROMULGATE REGULATIONS DIRECTING WHETHER SUCH CHANGE SHALL BE
SUBJECT TO THE PUBLIC NEED ASSESSMENT DESCRIBED IN PARAGRAPH (A) OF
SUBDIVISION FOUR OF SECTION THIRTY-SIX HUNDRED FIVE OF THIS ARTICLE.
[(c)] (D) No prior approval of the public health and health planning
council shall be required with respect to a transfer, assignment or
disposition, DIRECTLY OR INDIRECTLY, of:
(i) an interest, STOCK, or voting rights to any person, PARTNER,
MEMBER, OR STOCKHOLDER previously approved by the public health and
health planning council, or its predecessor, for that operator. HOWEVER,
NO SUCH TRANSACTION SHALL BE EFFECTIVE UNLESS AT LEAST NINETY DAYS PRIOR
TO THE INTENDED EFFECTIVE DATE THEREOF, THE OPERATOR COMPLETES AND FILES
WITH THE PUBLIC HEALTH AND HEALTH PLANNING COUNCIL NOTICE ON FORMS TO BE
S. 4007--A 135 A. 3007--A
DEVELOPED BY THE PUBLIC HEALTH AND HEALTH PLANNING COUNCIL, WHICH SHALL
DISCLOSE SUCH INFORMATION AS MAY REASONABLY BE NECESSARY FOR THE DEPART-
MENT TO RECOMMEND AND FOR THE PUBLIC HEALTH AND HEALTH PLANNING COUNCIL
TO DETERMINE WHETHER IT SHOULD BAR THE TRANSACTION, AND HAS FULLY
RESPONDED TO ANY REQUEST FOR ADDITIONAL INFORMATION BY THE DEPARTMENT
ACTING ON BEHALF OF THE PUBLIC HEALTH AND HEALTH PLANNING COUNCIL DURING
THE REVIEW PERIOD. SUCH TRANSACTION WILL BE FINAL UPON COMPLETION OF THE
REVIEW PERIOD, WHICH SHALL BE NO LONGER THAN NINETY DAYS FROM THE DATE
THE DEPARTMENT RECEIVES A COMPLETE RESPONSE TO ITS FINAL REQUEST FOR
ADDITIONAL INFORMATION, UNLESS, PRIOR THERETO, THE PUBLIC HEALTH AND
HEALTH PLANNING COUNCIL HAS NOTIFIED EACH PARTY TO THE PROPOSED TRANS-
ACTION THAT IT HAS BARRED SUCH TRANSACTIONS UNDER THIS PARAGRAPH AND HAS
STATED SPECIFIC REASONS FOR BARRING SUCH TRANSACTIONS; or
(ii) an interest, STOCK, or voting rights of less than ten percent in
the operator TO ANY PERSON, PARTNER, MEMBER, OR STOCKHOLDER WHO HAS NOT
BEEN PREVIOUSLY APPROVED BY THE PUBLIC HEALTH AND HEALTH PLANNING COUN-
CIL FOR THAT OPERATOR. However, no such transaction shall be effective
unless at least ninety days prior to the intended effective date there-
of, the [partner or member] OPERATOR completes and files with the public
health and health planning council notice on forms to be developed by
the public health AND HEALTH PLANNING council, which shall disclose such
information as may reasonably be necessary FOR THE DEPARTMENT TO RECOM-
MEND AND for the public health and health planning council to determine
whether it should bar the transaction, AND HAS FULLY RESPONDED TO ANY
REQUEST FOR ADDITIONAL INFORMATION BY THE DEPARTMENT ACTING ON BEHALF OF
THE PUBLIC HEALTH AND HEALTH PLANNING COUNCIL DURING THE REVIEW PERIOD.
Such transaction will be final [as of the intended effective date] UPON
COMPLETION OF THE REVIEW PERIOD, WHICH SHALL BE NO LONGER THAN NINETY
DAYS FROM THE DATE THE DEPARTMENT RECEIVES A COMPLETE RESPONSE TO ITS
FINAL REQUEST FOR ADDITIONAL INFORMATION, unless, prior thereto, the
public health and health planning council [shall state] HAS NOTIFIED
EACH PARTY TO THE PROPOSED TRANSACTION THAT IT HAS BARRED SUCH TRANS-
ACTIONS UNDER THIS PARAGRAPH AND HAS STATED specific reasons for barring
such transactions [under this paragraph and shall notify each party to
the proposed transaction].
(III) NOTHING IN THIS SUBDIVISION SHALL BE CONSTRUED AS PERMITTING ANY
PERSON, PARTNER, MEMBER, OR STOCKHOLDER NOT PREVIOUSLY APPROVED BY THE
PUBLIC HEALTH AND HEALTH PLANNING COUNCIL FOR THAT OPERATOR TO OWN OR
CONTROL, DIRECTLY OR INDIRECTLY, TEN PERCENT OR MORE OF THE INTEREST,
STOCK, OR VOTING RIGHTS OF ANY PARTNERSHIP, LIMITED LIABILITY COMPANY,
OR CORPORATION WHICH IS THE OPERATOR OF A LICENSED HOME CARE SERVICES
AGENCY OR A CERTIFIED HOME HEALTH AGENCY WITHOUT FIRST OBTAINING THE
APPROVAL OF THE PUBLIC HEALTH AND HEALTH PLANNING COUNCIL.
(IV) IN THE ABSENCE OF APPROVAL BY THE PUBLIC HEALTH AND HEALTH PLAN-
NING COUNCIL AS REQUIRED UNDER THIS PARAGRAPH, THE LICENSE OR CERTIF-
ICATE OF APPROVAL OF SUCH OPERATOR SHALL BE SUBJECT TO REVOCATION OR
SUSPENSION. FAILURE TO PROVIDE NOTICE AS REQUIRED UNDER THIS PARAGRAPH
MAY SUBJECT THE LICENSE OR CERTIFICATE OF APPROVAL OF SUCH OPERATOR TO
REVOCATION OR SUSPENSION THEREOF.
2. [Any transfer, assignment or other disposition of ten percent or
more of the stock or voting rights thereunder of a corporation which is
the operator of a licensed home care services agency or a certified home
health agency, or any transfer, assignment or other disposition of the
stock or voting rights thereunder of such a corporation which results in
the ownership or control of more than ten percent of the stock or voting
rights thereunder of such corporation by any person shall be subject to
S. 4007--A 136 A. 3007--A
approval by the public health and health planning council in accordance
with the provisions of subdivision four of section thirty-six hundred
five of this article relative to licensure or subdivision two of section
thirty-six hundred six of this article relative to certificate of
approval, except that:
(a) Public health and health planning council approval shall be
required only with respect to the person or entity acquiring such stock
or voting rights; and
(b) With respect to certified home health agencies, such change shall
not be subject to the public need assessment described in paragraph (a)
of subdivision two of section thirty-six hundred six of this article. In
the absence of such approval, the license or certificate of approval
shall be subject to revocation or suspension.
(c) No prior approval of the public health and health planning council
shall be required with respect to a transfer, assignment or disposition
of an interest or voting rights to any person previously approved by the
public health and health planning council, or its predecessor, for that
operator. However, no such transaction shall be effective unless at
least one hundred twenty days prior to the intended effective date ther-
eof, the partner or member completes and files with the public health
and health planning council notice on forms to be developed by the
public health and health planning council, which shall disclose such
information as may reasonably be necessary for the public health and
health planning council to determine whether it should bar the trans-
action. Such transaction will be final as of the intended effective date
unless, prior thereto, the public health and health planning council
shall state specific reasons for barring such transactions under this
paragraph and shall notify each party to the proposed transaction.
3.] (a) The commissioner shall charge to applicants for a change in
operator or owner of a licensed home care services agency or a certified
home health agency an application fee in the amount of two thousand
dollars.
(b) The fees paid by certified home health agencies pursuant to this
subdivision for any application approved in accordance with this section
shall be deemed allowable costs in the determination of reimbursement
rates established pursuant to this article. All fees pursuant to this
section shall be payable to the department of health for deposit into
the special revenue funds - other, miscellaneous special revenue fund -
339, certificate of need account.
§ 4. Paragraph (b) of subdivision 3 of section 4004 of the public
health law, as amended by section 69 of part A of chapter 58 of the laws
of 2010, is amended to read as follows:
(b) Any [change in the person, principal stockholder or] TRANSFER,
ASSIGNMENT OR OTHER DISPOSITION, OF AN INTEREST, STOCK, OR VOTING RIGHTS
IN A SOLE PROPRIETORSHIP, partnership, LIMITED LIABILITY COMPANY, OR
CORPORATION which is the operator of a hospice, OR ANY TRANSFER, ASSIGN-
MENT OR OTHER DISPOSITION WHICH RESULTS IN THE DIRECT OR INDIRECT OWNER-
SHIP OR CONTROL OF AN INTEREST, STOCK OR VOTING RIGHTS IN THAT OPERATOR,
shall be approved by the public health and health planning council in
accordance with the provisions of subdivisions one and two of this
section[.]; EXCEPT THAT:
(I) PUBLIC HEALTH AND HEALTH PLANNING COUNCIL APPROVAL SHALL BE
REQUIRED ONLY WITH RESPECT TO THE PERSON, PARTNER, MEMBER, OR STOCKHOLD-
ER THAT IS ACQUIRING THE INTEREST, STOCK, OR VOTING RIGHTS.
(II) SUCH CHANGE SHALL NOT BE SUBJECT TO THE PUBLIC NEED ASSESSMENT
DESCRIBED IN PARAGRAPH (A) OF SUBDIVISION TWO OF THIS SECTION.
S. 4007--A 137 A. 3007--A
(III) NO PRIOR APPROVAL OF THE PUBLIC HEALTH AND HEALTH PLANNING COUN-
CIL SHALL BE REQUIRED WITH RESPECT TO A TRANSFER, ASSIGNMENT OR DISPOSI-
TION, DIRECTLY OR INDIRECTLY, OF:
(A) AN INTEREST, STOCK, OR VOTING RIGHTS TO ANY PERSON, PARTNER,
MEMBER, OR STOCKHOLDER PREVIOUSLY APPROVED BY THE PUBLIC HEALTH AND
HEALTH PLANNING COUNCIL, OR ITS PREDECESSOR, FOR THAT OPERATOR. HOWEVER,
NO SUCH TRANSACTION SHALL BE EFFECTIVE UNLESS AT LEAST NINETY DAYS PRIOR
TO THE INTENDED EFFECTIVE DATE THEREOF, THE OPERATOR COMPLETES AND FILES
WITH THE PUBLIC HEALTH AND HEALTH PLANNING COUNCIL NOTICE, ON FORMS TO
BE DEVELOPED BY THE PUBLIC HEALTH AND HEALTH PLANNING COUNCIL, WHICH
SHALL DISCLOSE SUCH INFORMATION AS MAY REASONABLY BE NECESSARY FOR THE
DEPARTMENT TO RECOMMEND AND FOR THE PUBLIC HEALTH AND HEALTH PLANNING
COUNCIL TO DETERMINE WHETHER IT SHOULD BAR THE TRANSACTION, AND HAS
FULLY RESPONDED TO ANY REQUEST FOR ADDITIONAL INFORMATION BY THE DEPART-
MENT ACTING ON BEHALF OF THE PUBLIC HEALTH AND HEALTH PLANNING COUNCIL
DURING THE REVIEW PERIOD. SUCH TRANSACTION WILL BE FINAL UPON COMPLETION
OF THE REVIEW PERIOD, WHICH SHALL BE NO LONGER THAN NINETY DAYS FROM THE
DATE THE DEPARTMENT RECEIVES A COMPLETE RESPONSE TO ITS FINAL REQUEST
FOR ADDITIONAL INFORMATION, UNLESS, PRIOR THERETO, THE PUBLIC HEALTH AND
HEALTH PLANNING COUNCIL HAS NOTIFIED EACH PARTY TO THE PROPOSED TRANS-
ACTION THAT IT HAS BARRED SUCH TRANSACTIONS UNDER THIS PARAGRAPH AND HAS
STATED SPECIFIC REASONS FOR BARRING SUCH TRANSACTIONS; OR
(B) AN INTEREST, STOCK, OR VOTING RIGHTS OF LESS THAN TEN PERCENT IN
THE OPERATOR TO ANY PERSON, PARTNER, MEMBER, OR STOCKHOLDER WHO HAS NOT
BEEN PREVIOUSLY APPROVED BY THE PUBLIC HEALTH AND HEALTH PLANNING COUN-
CIL FOR THAT OPERATOR. HOWEVER, NO SUCH TRANSACTION SHALL BE EFFECTIVE
UNLESS AT LEAST NINETY DAYS PRIOR TO THE INTENDED EFFECTIVE DATE THERE-
OF, THE OPERATOR COMPLETES AND FILES WITH THE PUBLIC HEALTH AND HEALTH
PLANNING COUNCIL NOTICE ON FORMS TO BE DEVELOPED BY THE PUBLIC HEALTH
AND HEALTH PLANNING COUNCIL, WHICH SHALL DISCLOSE SUCH INFORMATION AS
MAY REASONABLY BE NECESSARY FOR THE DEPARTMENT TO RECOMMEND AND FOR THE
PUBLIC HEALTH AND HEALTH PLANNING COUNCIL TO DETERMINE WHETHER IT SHOULD
BAR THE TRANSACTION, AND HAS FULLY RESPONDED TO ANY REQUEST FOR ADDI-
TIONAL INFORMATION BY THE DEPARTMENT ACTING ON BEHALF OF THE PUBLIC
HEALTH AND HEALTH PLANNING COUNCIL DURING THE REVIEW PERIOD. SUCH TRANS-
ACTION WILL BE FINAL UPON COMPLETION OF THE REVIEW PERIOD, WHICH SHALL
BE NO LONGER THAN NINETY DAYS FROM THE DATE THE DEPARTMENT RECEIVES A
COMPLETE RESPONSE TO ITS FINAL REQUEST FOR ADDITIONAL INFORMATION,
UNLESS, PRIOR THERETO, THE PUBLIC HEALTH AND HEALTH PLANNING COUNCIL HAS
NOTIFIED EACH PARTY TO THE PROPOSED TRANSACTION THAT IT HAS BARRED SUCH
TRANSACTIONS UNDER THIS PARAGRAPH AND HAS STATED SPECIFIC REASONS FOR
BARRING SUCH TRANSACTIONS.
(IV) NOTHING IN THIS SUBDIVISION SHALL BE CONSTRUED AS PERMITTING ANY
PERSON, PARTNER, MEMBER, OR STOCKHOLDER NOT PREVIOUSLY APPROVED BY THE
PUBLIC HEALTH AND HEALTH PLANNING COUNCIL FOR THAT OPERATOR TO OWN OR
CONTROL, DIRECTLY OR INDIRECTLY, TEN PERCENT OR MORE OF THE INTEREST,
STOCK, OR VOTING RIGHTS OF ANY PARTNERSHIP, LIMITED LIABILITY COMPANY,
OR CORPORATION WHICH IS THE OPERATOR OF A HOSPICE WITHOUT FIRST OBTAIN-
ING THE APPROVAL OF THE PUBLIC HEALTH AND HEALTH PLANNING COUNCIL.
(V) IN THE ABSENCE OF APPROVAL BY THE PUBLIC HEALTH AND HEALTH PLAN-
NING COUNCIL AS REQUIRED UNDER THIS PARAGRAPH, THE CERTIFICATE OF
APPROVAL OF SUCH OPERATOR SHALL BE SUBJECT TO REVOCATION OR SUSPENSION.
FAILURE TO PROVIDE NOTICE AS REQUIRED UNDER THIS PARAGRAPH MAY SUBJECT
THE CERTIFICATE OF APPROVAL OF SUCH OPERATOR TO REVOCATION OR SUSPEN-
SION.
S. 4007--A 138 A. 3007--A
§ 5. The public health law is amended by adding a new article 45-A to
read as follows:
ARTICLE 45-A
REVIEW AND OVERSIGHT OF MATERIAL TRANSACTIONS
SECTION 4550. LEGISLATIVE PURPOSE AND INTENT.
4551. DEFINITIONS.
4552. REVIEW AND OVERSIGHT OF MATERIAL TRANSACTIONS.
4553. NOTICE OF MATERIAL TRANSACTION; REQUIREMENTS.
4554. MATERIAL TRANSACTION REVIEW.
4555. PENALTY FOR NONCOMPLIANCE; INJUNCTIVE RELIEF.
4556. RULES AND REGULATIONS.
4557. SEPARABILITY.
§ 4550. LEGISLATIVE PURPOSE AND INTENT. WHILE HOSPITALS REMAIN VITAL
TO THE HEALTH SYSTEM, SERVICES ARE INCREASINGLY BEING DELIVERED THROUGH
AMBULATORY CARE. THIS SHIFT TO AMBULATORY CARE IS GIVING RISE TO NEW
HEALTH CARE DELIVERY STRUCTURES THAT ARE NOT SUBJECT TO THE SAME FACILI-
TY LICENSURE AND OVERSIGHT REQUIREMENTS. IN PARTICULAR, THERE HAS BEEN A
PROLIFERATION OF LARGE PHYSICIAN PRACTICES BEING MANAGED BY ENTITIES
THAT ARE INVESTOR-BACKED. AS A GENERAL MATTER, PHYSICIAN PRACTICES ARE
SUBJECT TO FAR LESS REGULATION AND OVERSIGHT THAN HOSPITALS UNDER ARTI-
CLE TWENTY-EIGHT OF THIS CHAPTER, HOME CARE AGENCIES UNDER ARTICLE THIR-
TY-SIX OF THIS CHAPTER, HOSPICE PROVIDERS, OR PROVIDERS OF BEHAVIORAL
HEALTH SERVICES UNDER ARTICLES THIRTY-ONE AND THIRTY-TWO OF THE MENTAL
HYGIENE LAW, AS WELL AS MANAGED CARE ORGANIZATIONS OR OTHER INSURERS
AUTHORIZED UNDER THIS CHAPTER OR THE INSURANCE LAW. EVEN AS THESE INVE-
STOR-BACKED ENTITIES INCREASINGLY TAKE ON THE CHARACTERISTICS ASSOCIATED
WITH DIAGNOSTIC AND TREATMENT CENTERS UNDER ARTICLE TWENTY-EIGHT OF THIS
CHAPTER OR OTHER LICENSED PROVIDER TYPES, OR MAY ASSUME MORE RISK FROM
MANAGED CARE ORGANIZATIONS AND LICENSED INSURERS, THEY REMAIN UNREGU-
LATED BY THE STATE OUTSIDE OF THE LICENSURE OF THE INDIVIDUAL PRACTI-
TIONERS WHO PRACTICE AT THESE SITES AND ENROLLMENT IN MEDICAID. MORE-
OVER, TRANSACTIONS INVOLVING THE CHANGE OF CONTROL, BY VIRTUE OF A SALE,
MERGER OR ACQUISITION OF THESE PROVIDERS, ARE NOT SUBJECT TO ANY STATE
CHANGE OF OWNERSHIP OR CONTROL REVIEW, SUCH THAT THE STATE IS NOT ABLE
TO TRACK OR MONITOR THE IMPACT OF THESE TRANSACTIONS ON COST, QUALITY,
ACCESS, EQUITY, AND COMPETITION.
THIS PHENOMENON MAY HAVE A NEGATIVE IMPACT ON PATIENT CARE, HEALTH
CARE COSTS, AND ULTIMATELY ACCESS TO SERVICES. THESE LARGE INVESTOR-
BACKED HEALTH CARE ENTITIES SHIFT VOLUME AND BUSINESS AWAY FROM COMMUNI-
TY HOSPITALS AND THEIR AMBULATORY CARE NETWORKS AND OTHER SAFETY NET
PROVIDERS, UNDERMINING THEIR FINANCIAL SUSTAINABILITY, WHICH MUST
CONTINUE TO PROVIDE ESSENTIAL SERVICES TO THE COMMUNITY. IN ADDITION,
THE CONCENTRATION OF THESE INVESTOR-BACKED PHYSICIAN PRACTICES IS A
SIGNIFICANT CONTRIBUTOR TO HEALTH CARE COST INFLATION, WHICH HAS ALSO
GIVEN RISE TO OTHER LEGISLATION, INCLUDING THE NO SURPRISE BILLING
PROVISIONS IN THE FINANCIAL SERVICES LAW.
§ 4551. DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE, THE FOLLOWING
TERMS SHALL HAVE THE FOLLOWING MEANINGS:
1. "CONTROL" MEANS THE POSSESSION, DIRECT OR INDIRECT, OF THE POWER TO
DIRECT OR CAUSE THE DIRECTION OF THE MANAGEMENT AND POLICIES OF A HEALTH
CARE ENTITY, WHETHER THROUGH THE OWNERSHIP OF VOTING SECURITIES, BY
CONTRACT (EXCEPT A COMMERCIAL CONTRACT FOR GOODS OR NON-MANAGEMENT
SERVICES) OR OTHERWISE; BUT NO PERSON SHALL BE DEEMED TO CONTROL ANOTHER
PERSON SOLELY BY REASON OF BEING AN OFFICER OR DIRECTOR OF A HEALTH CARE
ENTITY. "CONTROL" SHALL BE PRESUMED TO EXIST IF ANY PERSON DIRECTLY OR
S. 4007--A 139 A. 3007--A
INDIRECTLY OWNS, CONTROLS, OR HOLDS WITH THE POWER TO VOTE TEN PERCENT
OR MORE OF THE VOTING SECURITIES OF A HEALTH CARE ENTITY.
2. "HEALTH CARE ENTITY" SHALL INCLUDE BUT NOT BE LIMITED TO A PHYSI-
CIAN PRACTICE OR MANAGEMENT SERVICES ORGANIZATION OR SIMILAR ENTITY
PROVIDING ALL OR SUBSTANTIALLY ALL ADMINISTRATIVE OR MANAGEMENT SERVICES
UNDER CONTRACT WITH ONE OR MORE PHYSICIAN PRACTICE, PROVIDER-SPONSORED
ORGANIZATION, HEALTH INSURANCE PLAN, OR ANY OTHER KIND OF HEALTH CARE
FACILITY, ORGANIZATION OR PLAN PROVIDING HEALTH CARE SERVICES IN THIS
STATE; PROVIDED, HOWEVER, THAT A "HEALTH CARE ENTITY" SHALL NOT INCLUDE
AN INSURER DIRECTLY AUTHORIZED TO DO BUSINESS IN THIS STATE, OR A PHAR-
MACY BENEFIT MANAGER REGISTERED OR LICENSED IN THIS STATE. AN "INSURER"
SHALL NOT INCLUDE NON-INSURANCE SUBSIDIARIES AND AFFILIATED ENTITIES OF
INSURANCE COMPANIES REGULATED UNDER THE INSURANCE LAW OR THIS CHAPTER.
3. "HEALTH EQUITY" SHALL MEAN ACHIEVING THE HIGHEST LEVEL OF HEALTH
FOR ALL PEOPLE AND SHALL ENTAIL FOCUSED EFFORTS TO ADDRESS AVOIDABLE
INEQUALITIES BY EQUALIZING THOSE CONDITIONS FOR HEALTH FOR THOSE THAT
HAVE EXPERIENCED INJUSTICES, SOCIOECONOMIC DISADVANTAGES, AND SYSTEMIC
DISADVANTAGES.
4. "MATERIAL TRANSACTION" SHALL MEAN:
(A) ANY OF THE FOLLOWING, OCCURRING DURING A SINGLE TRANSACTION OR IN
A SERIES OF RELATED TRANSACTIONS, THAT TAKE PLACE WITHIN A TIME PERIOD
AND MEET OR EXCEED THRESHOLDS, AS DETERMINED BY THE COMMISSIONER IN
REGULATION, FOR FACTORS INCLUDING BUT NOT LIMITED TO CHANGES IN REVENUE:
(I) A MERGER WITH A HEALTH CARE ENTITY;
(II) AN ACQUISITION OF ONE OR MORE HEALTH CARE ENTITIES, INCLUDING BUT
NOT LIMITED TO THE ASSIGNMENT, SALE, OR OTHER CONVEYANCE OF ASSETS,
VOTING SECURITIES, MEMBERSHIP, OR PARTNERSHIP INTEREST OR THE TRANSFER
OF CONTROL;
(III) AN AFFILIATION OR CONTRACT FORMED BETWEEN A HEALTH CARE ENTITY
AND ANOTHER PERSON; OR
(IV) THE FORMATION OF A PARTNERSHIP, JOINT VENTURE, ACCOUNTABLE CARE
ORGANIZATION, PARENT ORGANIZATION, OR MANAGEMENT SERVICES ORGANIZATION
FOR THE PURPOSE OF ADMINISTERING CONTRACTS WITH HEALTH PLANS, THIRD-PAR-
TY ADMINISTRATORS, PHARMACY BENEFIT MANAGERS, OR HEALTH CARE PROVIDERS
AS PRESCRIBED BY THE COMMISSIONER BY REGULATION.
(B) "MATERIAL TRANSACTION" SHALL NOT INCLUDE A CLINICAL AFFILIATION OF
HEALTH CARE ENTITIES FORMED FOR THE PURPOSE OF COLLABORATING ON CLINICAL
TRIALS OR GRADUATE MEDICAL EDUCATION PROGRAMS AND SHALL NOT INCLUDE ANY
TRANSACTION THAT IS ALREADY SUBJECT TO REVIEW UNDER ARTICLE TWENTY-
EIGHT, THIRTY, THIRTY-SIX, FORTY, FORTY-SIX, FORTY-SIX-A, OR FORTY-SIX-B
OF THIS CHAPTER.
§ 4552. REVIEW AND OVERSIGHT OF MATERIAL TRANSACTIONS. 1. THE DEPART-
MENT SHALL HAVE THE AUTHORITY TO REVIEW AND APPROVE MATERIAL TRANS-
ACTIONS, WHICH MAY BE FURTHER DEFINED BY THE COMMISSIONER IN REGULATION,
TO ASSESS SUCH TRANSACTIONS' IMPACT ON COST, QUALITY, ACCESS, HEALTH
EQUITY AND COMPETITION IN THE HEALTH CARE SERVICE MARKET.
2. IN ACCORDANCE WITH THIS ARTICLE, AND WITH THE RULES AND REGULATIONS
PROMULGATED BY THE COMMISSIONER PURSUANT TO SECTION FORTY-FIVE HUNDRED
FIFTY-SIX OF THIS ARTICLE, THE DEPARTMENT SHALL ADOPT CRITERIA FOR THE
CONSIDERATION OF REQUESTS BY HEALTH CARE ENTITIES TO CONSUMMATE A MATE-
RIAL TRANSACTION. THE CRITERIA SHALL INCLUDE THE FACTORS LISTED IN
SUBDIVISION ONE OF SECTION FORTY-FIVE HUNDRED FIFTY-FOUR OF THIS ARTI-
CLE.
3. NOTHING IN THIS ARTICLE SHALL LIMIT OR RESTRICT THE AUTHORITY OF
THE SUPERINTENDENT OF FINANCIAL SERVICES UNDER ARTICLE FIFTEEN, SIXTEEN,
S. 4007--A 140 A. 3007--A
SEVENTEEN, FORTY-TWO, FORTY-THREE, SEVENTY-ONE, OR SEVENTY-THREE OF THE
INSURANCE LAW, OR REGULATIONS PROMULGATED THEREUNDER.
§ 4553. NOTICE OF MATERIAL TRANSACTION; REQUIREMENTS. 1. A HEALTH CARE
ENTITY SHALL NOT CONSUMMATE A MATERIAL TRANSACTION WITHOUT OBTAINING
APPROVAL FROM THE DEPARTMENT FOR SUCH MATERIAL TRANSACTION.
2. IN ORDER TO OBTAIN APPROVAL OF A MATERIAL TRANSACTION BY THE
DEPARTMENT, A HEALTH CARE ENTITY SHALL SUBMIT TO THE DEPARTMENT WRITTEN
NOTICE AND APPLICATION, WITH SUPPORTING DOCUMENTATION AS DESCRIBED BELOW
AND FURTHER DEFINED IN REGULATION, WHICH THE DEPARTMENT SHALL BE IN
RECEIPT OF AT LEAST THIRTY DAYS BEFORE THE DESIRED CLOSING DATE OF THE
TRANSACTION, IN THE FORM AND MANNER PRESCRIBED BY THE DEPARTMENT. SUCH
WRITTEN NOTICE SHALL INCLUDE, BUT NOT BE LIMITED TO:
(A) THE NAMES OF THE PARTIES TO THE PROPOSED MATERIAL TRANSACTION AND
THEIR CURRENT ADDRESSES;
(B) COPIES OF ANY DEFINITIVE AGREEMENTS GOVERNING THE TERMS OF THE
MATERIAL TRANSACTION, INCLUDING PRE- AND POST-CLOSING CONDITIONS;
(C) IDENTIFICATION OF ALL LOCATIONS WHERE HEALTH CARE SERVICES ARE
CURRENTLY PROVIDED BY EACH PARTY AND THE REVENUE GENERATED IN THE STATE
FROM SUCH LOCATIONS;
(D) ANY PLANS TO REDUCE OR ELIMINATE SERVICES AND/OR PARTICIPATION IN
SPECIFIC PLAN NETWORKS;
(E) THE DESIRED CLOSING DATE OF THE PROPOSED MATERIAL TRANSACTION;
(F) A BRIEF DESCRIPTION OF THE NATURE AND PURPOSE OF THE PROPOSED
MATERIAL TRANSACTION, WHICH WILL BE USED TO INFORM THE REVIEW UNDER
SECTION FORTY-FIVE HUNDRED FIFTY-FOUR OF THIS ARTICLE, INCLUDING:
(I) THE ANTICIPATED IMPACT OF THE MATERIAL TRANSACTION ON COST, QUALI-
TY, ACCESS, HEALTH EQUITY, AND COMPETITION IN THE IMPACTED MARKETS,
WHICH MAY BE SUPPORTED BY DATA AND A FORMAL MARKET IMPACT ANALYSIS; AND
(II) ANY COMMITMENTS BY THE HEALTH CARE ENTITY TO ADDRESS ANTICIPATED
IMPACTS; AND
(G) A NON-REFUNDABLE APPLICATION FEE.
3. EXCEPT AS PROVIDED IN SUBDIVISION TWO OF SECTION FORTY-FIVE HUNDRED
FIFTY-FOUR OF THIS ARTICLE, SUPPORTING DOCUMENTATION AS DESCRIBED IN
SUBDIVISION TWO OF THIS SECTION SHALL NOT BE SUBJECT TO DISCLOSURE UNDER
ARTICLE SIX OF THE PUBLIC OFFICERS LAW.
§ 4554. MATERIAL TRANSACTION REVIEW. 1. WHEN REVIEWING A POTENTIAL
MATERIAL TRANSACTION, THE DEPARTMENT MAY CONSIDER THE FOLLOWING:
(A) WHETHER THE PARTIES TO THE TRANSACTION CAN DEMONSTRATE THAT THE
POTENTIAL POSITIVE IMPACTS OF THE MATERIAL TRANSACTION OUTWEIGH THE
POTENTIAL NEGATIVE IMPACTS RELATED TO FACTORS SUCH AS:
(I) PATIENT COSTS;
(II) ACCESS TO SERVICES;
(III) HEALTH EQUITY; AND
(IV) HEALTH OUTCOMES;
(B) WHETHER THERE IS A SUBSTANTIAL LIKELIHOOD OF ANTICOMPETITIVE
EFFECTS FROM THE TRANSACTION THAT OUTWEIGH THE BENEFITS OF THE TRANS-
ACTION INCLUDING BY INCREASING OR MAINTAINING SERVICES TO UNDERSERVED
POPULATIONS OR STABILIZING THE OPERATIONS OF THE EXISTING DELIVERY
SYSTEM;
(C) THE FINANCIAL CONDITION OF THE PARTIES TO THE TRANSACTION;
(D) THE CHARACTER AND COMPETENCE OF THE PARTIES OR ANY OFFICERS OR
DIRECTORS THEREOF;
(E) THE SOURCE OF THE FUNDS OR ASSETS FOR THE TRANSACTION;
(F) THE FAIRNESS OF ANY EXCHANGE OF SHARES, ASSETS, CASH, OR OTHER
CONSIDERATION FOR THE SHARES OR ASSETS TO BE RECEIVED; AND
S. 4007--A 141 A. 3007--A
(G) ANY OTHER RELEVANT INFORMATION NECESSARY TO DETERMINE THE IMPACT
OF THE MATERIAL TRANSACTION.
2. IF THE DEPARTMENT DOES NOT ACT ON THE APPLICATION AS DESCRIBED IN
SUBDIVISIONS THREE AND FOUR OF THIS SECTION WITHIN THIRTY DAYS OF
RECEIPT OF WRITTEN NOTICE AND APPLICATION AS DESCRIBED IN SUBDIVISION
TWO OF SECTION FORTY-FIVE HUNDRED FIFTY-THREE OF THIS ARTICLE, THEN THE
TRANSACTION SHALL BE DEEMED APPROVED. DURING SUCH THIRTY-DAY PERIOD, THE
DEPARTMENT SHALL POST IN A MANNER DETERMINED BY THE DEPARTMENT IN REGU-
LATION FOR PUBLIC NOTICE AND PUBLIC COMMENT WHICH MAY HELP TO INFORM
WHETHER THE DEPARTMENT TAKES FURTHER ACTIONS AS DETERMINED BY THIS
SECTION. AT A MINIMUM, THE PUBLIC NOTICE SHALL INCLUDE:
(A) A SUMMARY OF THE PROPOSED TRANSACTION;
(B) AN EXPLANATION OF THE GROUPS OR INDIVIDUALS LIKELY TO BE IMPACTED
BY THE TRANSACTION;
(C) INFORMATION ABOUT SERVICES CURRENTLY PROVIDED BY THE HEALTH CARE
ENTITY, COMMITMENTS BY THE HEALTH CARE ENTITY TO CONTINUE SUCH SERVICES
AND ANY SERVICES THAT WILL BE REDUCED OR ELIMINATED; AND
(D) DETAILS ABOUT HOW TO SUBMIT COMMENTS, IN A FORMAT THAT IS EASY TO
FIND AND EASY TO READ.
3. THE DEPARTMENT SHALL NOTIFY THE PARTIES TO THE TRANSACTION WITHIN
THIRTY DAYS OF RECEIPT OF WRITTEN NOTICE AND APPLICATION AS DESCRIBED IN
SUBDIVISION TWO OF SECTION FORTY-FIVE HUNDRED FIFTY-THREE OF THIS ARTI-
CLE THAT IT IS WITHHOLDING APPROVAL OF THE TRANSACTION IF NECESSARY TO
CONDUCT A THOROUGH EXAMINATION AND COMPLETE ANALYSIS OF WHETHER THE
TRANSACTION IS CONSISTENT WITH THE CRITERIA ESTABLISHED PURSUANT TO
SUBDIVISION FOUR OF SECTION FORTY-FIVE HUNDRED FIFTY-TWO OF THIS ARTI-
CLE, INCLUDING THE FACTORS LISTED IN SUBDIVISION ONE OF THIS SECTION.
(A) THE DEPARTMENT MAY REQUEST ADDITIONAL INFORMATION FROM A HEALTH
CARE ENTITY THAT IS A PARTY TO THE MATERIAL TRANSACTION AND SUCH ENTITY
SHALL PROMPTLY REPLY USING THE FORM OF COMMUNICATION REQUESTED AND SUCH
REPLY SHALL BE AFFIRMED AS TRUE AND ACCURATE UNDER PENALTY OF PERJURY BY
AN OFFICER OF THE ENTITY, IF REQUIRED.
(B) A HEALTH CARE ENTITY SHALL NOT REFUSE TO PROVIDE DOCUMENTS OR
OTHER INFORMATION REQUESTED PURSUANT TO THIS ARTICLE ON THE GROUNDS THAT
SUCH INFORMATION IS PRIVILEGED OR CONFIDENTIAL.
(C) THE DEPARTMENT MAY RETAIN ACTUARIES, ACCOUNTANTS OR OTHER PROFES-
SIONALS INDEPENDENT OF THE DEPARTMENT AS NECESSARY TO ASSIST IN CONDUCT-
ING ITS ANALYSIS OF A PROPOSED MATERIAL TRANSACTION. THE DEPARTMENT
SHALL DESIGNATE THE PARTY OR PARTIES TO THE MATERIAL TRANSACTION THAT
SHALL BEAR THE COST OF RETAINING SUCH PROFESSIONALS.
(D) THE DEPARTMENT MAY TAKE OTHER ACTIONS TO SEEK PUBLIC INPUT AND
OTHERWISE ENGAGE THE PUBLIC BEFORE MAKING A DETERMINATION ON THE
PROPOSED MATERIAL TRANSACTION.
4. (A) UNLESS THE MATERIAL TRANSACTION IS APPROVED PURSUANT TO SUBDI-
VISION TWO OF THIS SECTION, THE DEPARTMENT SHALL ISSUE A FINAL ORDER
REGARDING THE MATERIAL TRANSACTION.
(B) IF THE DEPARTMENT DISAPPROVES THE MATERIAL TRANSACTION OR APPROVES
THE MATERIAL TRANSACTION SUBJECT TO CONDITIONS, THE DEPARTMENT MAY NOTI-
FY THE ATTORNEY GENERAL OF THE DEPARTMENT'S FINDINGS AND ANALYSIS SO
THAT THE ATTORNEY GENERAL MAY, IF APPROPRIATE, CONDUCT AN INVESTIGATION
INTO WHETHER THE HEALTH CARE ENTITIES HAVE ENGAGED IN UNFAIR COMPETITION
OR ANTICOMPETITIVE BEHAVIOR AND, IF NECESSARY, TAKE STEPS TO PROTECT
CONSUMERS IN THE HEALTH CARE SERVICES MARKET.
(C) PURSUANT TO THIS SUBDIVISION, THE DEPARTMENT SHALL HAVE THE
AUTHORITY TO REQUIRE UNDERTAKINGS AS A CONDITION OF APPROVING A MATERIAL
TRANSACTION, INCLUDING BUT NOT LIMITED TO, INVESTMENTS IN THE COMMUNI-
S. 4007--A 142 A. 3007--A
TIES AFFECTED BY SUCH MATERIAL TRANSACTION, COMPETITION PROTECTIONS, AND
CONTRIBUTIONS TO STATE-CONTROLLED FUNDS, INCLUDING THE HEALTH CARE
TRANSFORMATION FUND PURSUANT TO SECTION NINETY-TWO-HH OF THE STATE
FINANCE LAW, TO PRESERVE ACCESS OR TO OTHERWISE MITIGATE THE IMPACT OF
THE MATERIAL TRANSACTION ON THE HEALTH CARE DELIVERY SYSTEM.
5. A HEALTH CARE ENTITY THAT IS A PARTY TO AN APPROVED MATERIAL TRANS-
ACTION SHALL NOTIFY THE DEPARTMENT UPON CLOSING OF THE TRANSACTION IN
THE FORM AND MANNER PRESCRIBED BY THE DEPARTMENT.
§ 4555. PENALTY FOR NONCOMPLIANCE; INJUNCTIVE RELIEF. 1. THE DEPART-
MENT MAY IMPOSE A CIVIL PENALTY IN AN AMOUNT OF UP TO TEN THOUSAND
DOLLARS PER DAY FOR ANY VIOLATION OF THIS ARTICLE. ALL FEES, FINES, AND
PENALTIES DERIVED FROM THE OPERATION OF THIS ARTICLE SHALL BE PAID TO
THE DEPARTMENT AND SHALL BE DEPOSITED IN THE HEALTH CARE TRANSFORMATION
FUND ESTABLISHED PURSUANT TO SECTION NINETY-TWO-HH OF THE STATE FINANCE
LAW.
2. THE ATTORNEY GENERAL MAY APPLY TO THE SUPREME COURT WITHIN THE
JUDICIAL DISTRICT IN WHICH A VIOLATION OF THIS ARTICLE IS ALLEGED TO
HAVE OCCURRED FOR AN ORDER ENJOINING OR RESTRAINING COMMISSION OR
CONTINUANCE OF THE ACTS COMPLAINED OF. THEREUPON THE COURT SHALL HAVE
JURISDICTION OF THE PROCEEDING AND SHALL HAVE POWER TO GRANT SUCH TEMPO-
RARY RELIEF OR RESTRAINING ORDER AS IT DEEMS JUST AND PROPER. IN ANY
SUCH PROCEEDING IT SHALL BE UNNECESSARY TO ALLEGE OR PROVE THAT AN
ADEQUATE REMEDY AT LAW DOES NOT EXIST OR THAT IRREPARABLE DAMAGE WOULD
RESULT IF SUCH ORDER WERE NOT GRANTED. THE REMEDY PROVIDED BY THIS
SECTION SHALL BE IN ADDITION TO ANY OTHER REMEDY PROVIDED BY LAW.
§ 4556. RULES AND REGULATIONS. THE DEPARTMENT, IN CONSULTATION WITH
THE DEPARTMENT OF FINANCIAL SERVICES, MAY PROMULGATE RULES AND REGU-
LATIONS TO IMPLEMENT THE PROVISIONS OF THIS ARTICLE.
§ 4557. SEPARABILITY. IF ANY CLAUSE, SENTENCE, PARAGRAPH, SUBDIVISION,
SECTION OR PART OF THIS ARTICLE SHALL BE ADJUDGED BY ANY COURT OF COMPE-
TENT JURISDICTION TO BE INVALID, THE JUDGMENT SHALL NOT AFFECT, IMPAIR,
OR INVALIDATE THE REMAINDER THEREOF, BUT SHALL BE CONFINED IN ITS OPERA-
TION TO THE CLAUSE, SENTENCE, PARAGRAPH, SUBDIVISION, SECTION OR PART
THEREOF DIRECTLY INVOLVED IN THE CONTROVERSY IN WHICH THE JUDGMENT SHALL
HAVE BEEN RENDERED.
§ 6. Paragraph (b) of subdivision 7 of section 2802 of the public
health law, as amended by section 87 of part C of chapter 58 of the laws
of 2009, is amended to read as follows:
(b) At such time as the commissioner's written approval of the
construction is granted, each applicant shall pay the following addi-
tional fee:
(i) for hospital, nursing home and diagnostic and treatment center
applications that require approval by the council, the additional fee
shall be [fifty-five] SIXTY hundredths of one percent of the total capi-
tal value of the application, provided however that applications for
construction of a safety net diagnostic and treatment center, as defined
in paragraph (c) of subdivision sixteen of section twenty-eight hundred
one-a of this article, shall be subject to a fee of forty-five
hundredths of one percent of the total capital value of the application;
and
(ii) for hospital, nursing home and diagnostic and treatment center
applications that do not require approval by the council, the additional
fee shall be [thirty] THIRTY-FIVE hundredths of one percent of the total
capital value of the application, provided however that safety net diag-
nostic and treatment center applications, as defined in paragraph (c) of
subdivision sixteen of section twenty-eight hundred one-a of this arti-
S. 4007--A 143 A. 3007--A
cle, shall be subject to a fee of twenty-five hundredths of one percent
of the total capital value of the application.
§ 7. Section 3605 of the public health law is amended by adding two
new subdivisions 1-a and 1-b to read as follows:
1-A. CORE PUBLIC HEALTH SERVICES, AS DEFINED IN SECTION SIX HUNDRED
TWO OF THIS CHAPTER, WHEN PROVIDED IN THE HOME BY THE LOCAL HEALTH
DEPARTMENT OF A COUNTY OR OF THE CITY OF NEW YORK, SHALL NOT REQUIRE
LICENSURE UNDER THIS SECTION, PROVIDED THAT SUCH SERVICES SHALL NOT
INCLUDE: HOME HEALTH AIDE SERVICES; PERSONAL CARE SERVICES; OR NURSING
SERVICES THAT REQUIRE MORE THAN MINIMAL PATIENT CONTACT. FOR THE
PURPOSES OF THIS SUBDIVISION THE TERM "MINIMAL PATIENT CONTACT"
INCLUDES, BUT IS NOT LIMITED TO, PROVIDING ASSESSMENTS OF NEW MOTHERS
AND INFANTS, DIRECT OBSERVATION, AND LEAD SCREENING. PATIENT CONTACT
SHALL BE CONSIDERED MORE THAN MINIMAL IF IT REQUIRES MORE THAN SIX
PATIENT VISITS. CORE PUBLIC HEALTH SERVICES THAT MAY BE PROVIDED WITHOUT
A LICENSE PURSUANT TO THIS SUBDIVISION INCLUDE BUT ARE NOT LIMITED TO:
IMMUNIZATIONS; TESTING FOR TUBERCULOSIS AND OBSERVATION OF TUBERCULOSIS
SELF-DIRECTED THERAPY; VERBAL ASSESSMENT, COUNSELING AND REFERRAL
SERVICES; AND SUCH OTHER SERVICES AS MAY BE DETERMINED BY THE DEPART-
MENT.
1-B. CORE PUBLIC HEALTH SERVICES, AS DEFINED IN SECTION SIX HUNDRED
TWO OF THIS CHAPTER, WHEN PROVIDED BY LOCAL HEALTH DEPARTMENTS IN THE
HOME AS AUTHORIZED UNDER SUBDIVISION ONE-A OF THIS SECTION, MAY BE
ELIGIBLE FOR REIMBURSEMENT UNDER TITLE XIX OF THE FEDERAL SOCIAL SECURI-
TY ACT PROVIDED THAT THE SERVICES PROVIDED MEET FEDERAL AND STATE
REQUIREMENTS FOR SUCH REIMBURSEMENT.
§ 8. Subdivision 2 of section 3611 of the public health law, as
amended by section 66 of part A of chapter 58 of the laws of 2010, is
amended to read as follows:
2. The public health and health planning council shall not act upon an
application for licensure or a certificate of approval for any agency
referred to in subdivision one of this section unless it is satisfied as
to the character, competence and standing in the community of the
proposed incorporators, directors, sponsors, controlling persons, prin-
cipal stockholders of the parent corporation, health related subsidiary
corporation and the New York state corporation established pursuant to
paragraph (a) of subdivision one of this section. STOCKHOLDERS OR
MEMBERS OF THIRD LEVEL OR HIGHER ENTITIES THAT WILL EXERCISE NO CONTROL
OF THE AGENCY FUNCTIONS SHALL NOT BE CONSIDERED CONTROLLING PERSONS
SUBJECT TO CHARACTER AND COMPETENCY REVIEW PROVIDED THAT AN AFFIDAVIT
STATING THAT SUCH INDIVIDUALS WILL EXERCISE NO CONTROL OVER THE AGENCY
FUNCTIONS IS SIGNED BY SUCH INDIVIDUALS AND SUBMITTED TO THE DEPARTMENT.
For the purposes of this section the public health and health planning
council may adopt rules and regulations relative to what constitutes
parent and subsidiary corporations.
§ 9. This act shall take effect immediately; provided, however that
section five of this act shall take effect on the ninetieth day after it
shall have become a law and shall apply to material transactions, as
defined by section 4551 of the public health law as added by section
five of this act, closing on or after April 1, 2024. Effective imme-
diately, the addition, amendment and/or repeal of any rule or regulation
necessary for the implementation of this act on its effective date are
authorized to be made and completed on or before such effective date.
PART N
S. 4007--A 144 A. 3007--A
Section 1. Section 366 of the social services law is amended by adding
a new subdivision 16 to read as follows:
16. (A) THE COMMISSIONER OF HEALTH IS AUTHORIZED TO SUBMIT THE APPRO-
PRIATE WAIVERS AND/OR ANY OTHER REQUIRED REQUESTS FOR FEDERAL APPROVAL,
INCLUDING BUT NOT LIMITED TO, THOSE AUTHORIZED IN SECTION ELEVEN HUNDRED
FIFTEEN OF THE FEDERAL SOCIAL SECURITY ACT, IN ORDER TO ESTABLISH
EXPANDED MEDICAL ASSISTANCE ELIGIBILITY FOR WORKING DISABLED INDIVID-
UALS. SUCH WAIVER APPLICATIONS SHALL BE EXECUTED CONSISTENT WITH PARA-
GRAPHS (B), (C), (D) AND (E) OF THIS SUBDIVISION, TO THE EXTENT THOSE
SECTIONS COMPLY WITH THE REQUIREMENTS OF SECTION ELEVEN HUNDRED FIFTEEN
OF THE FEDERAL SOCIAL SECURITY ACT. NOTWITHSTANDING SUBPARAGRAPHS FIVE
AND SIX OF PARAGRAPH (C) OF SUBDIVISION ONE OF THIS SECTION AND SUBDIVI-
SION TWELVE OF SECTION THREE HUNDRED SIXTY-SEVEN-A OF THIS TITLE, OR ANY
OTHER PROVISION OF LAW TO THE CONTRARY, IF GRANTED SUCH WAIVER, THE
COMMISSIONER OF HEALTH MAY AUTHORIZE ELIGIBLE PERSONS TO RECEIVE MEDICAL
ASSISTANCE PURSUANT TO THE WAIVER IF, FOR SO LONG AS, AND TO THE EXTENT
THAT, FINANCIAL PARTICIPATION IS AVAILABLE THEREFOR. THE WAIVER APPLICA-
TION SHALL PROVIDE FOR THIRTY THOUSAND PERSONS TO BE ELIGIBLE TO PARTIC-
IPATE IN SUCH WAIVER.
(B) INDIVIDUALS ELIGIBLE FOR PARTICIPATION IN SUCH WAIVER SHALL:
(I) BE A DISABLED INDIVIDUAL, DEFINED AS HAVING A MEDICALLY DETERMINA-
BLE IMPAIRMENT OF SUFFICIENT SEVERITY AND DURATION TO QUALIFY FOR BENE-
FITS UNDER TITLES II OR XVI OF THE SOCIAL SECURITY ACT;
(II) BE AT LEAST SIXTEEN YEARS OF AGE;
(III) BE OTHERWISE ELIGIBLE FOR MEDICAL ASSISTANCE BENEFITS, BUT FOR
EARNINGS AND/OR RESOURCES IN EXCESS OF THE ALLOWABLE LIMIT;
(IV) HAVE NET AVAILABLE INCOME, DETERMINED IN ACCORDANCE WITH SUBDIVI-
SION TWO OF THIS SECTION, THAT DOES NOT EXCEED TWO THOUSAND TWO HUNDRED
FIFTY PERCENT OF THE APPLICABLE FEDERAL POVERTY LINE, AS DEFINED AND
UPDATED BY THE UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES;
(V) HAVE RESOURCES, AS DEFINED IN PARAGRAPH (E) OF SUBDIVISION TWO OF
SECTION THREE HUNDRED SIXTY-SIX-C OF THIS TITLE, OTHER THAN RETIREMENT
ACCOUNTS, THAT DO NOT EXCEED THREE HUNDRED THOUSAND DOLLARS;
(VI) CONTRIBUTE TO THE COST OF MEDICAL ASSISTANCE PROVIDED PURSUANT TO
THIS PARAGRAPH IN ACCORDANCE WITH PARAGRAPH (D) OF THIS SUBDIVISION; AND
(VII) MEET SUCH OTHER CRITERIA AS MAY BE ESTABLISHED BY THE COMMIS-
SIONER AS MAY BE NECESSARY TO ADMINISTER THE PROVISIONS OF THIS SUBDIVI-
SION IN AN EQUITABLE MANNER.
(C) AN INDIVIDUAL AT LEAST SIXTEEN YEARS OF AGE WHO: IS EMPLOYED;
CEASES TO BE ELIGIBLE FOR PARTICIPATION IN SUCH WAIVER PURSUANT TO PARA-
GRAPH (B) OF THIS SUBDIVISION BECAUSE THE PERSON, BY REASON OF MEDICAL
IMPROVEMENT, IS DETERMINED AT THE TIME OF A REGULARLY SCHEDULED CONTINU-
ING DISABILITY REVIEW TO NO LONGER BE CERTIFIED AS DISABLED UNDER THE
SOCIAL SECURITY ACT; CONTINUES TO HAVE A SEVERE MEDICALLY DETERMINABLE
IMPAIRMENT, TO BE DETERMINED IN ACCORDANCE WITH APPLICABLE FEDERAL REGU-
LATIONS; AND CONTRIBUTES TO THE COST OF MEDICAL ASSISTANCE PROVIDED
PURSUANT TO THIS PARAGRAPH IN ACCORDANCE WITH PARAGRAPH (D) OF THIS
SUBDIVISION, SHALL BE ELIGIBLE FOR PARTICIPATION IN SUCH WAIVER. FOR
PURPOSES OF THIS PARAGRAPH, A PERSON IS CONSIDERED TO BE EMPLOYED IF THE
PERSON IS EARNING AT LEAST THE APPLICABLE MINIMUM WAGE UNDER SECTION SIX
OF THE FEDERAL FAIR LABOR STANDARDS ACT AND WORKING AT LEAST FORTY HOURS
PER MONTH.
(D) PRIOR TO RECEIVING MEDICAL ASSISTANCE PURSUANT TO SUCH WAIVER, A
PERSON WHOSE NET AVAILABLE INCOME IS GREATER THAN OR EQUAL TO TWO
HUNDRED FIFTY PERCENT OF THE APPLICABLE FEDERAL POVERTY LINE SHALL PAY A
MONTHLY PREMIUM, IN ACCORDANCE WITH A PROCEDURE TO BE ESTABLISHED BY THE
S. 4007--A 145 A. 3007--A
COMMISSIONER. THE AMOUNT OF SUCH PREMIUM FOR A PERSON WHOSE NET AVAIL-
ABLE INCOME IS GREATER THAN OR EQUAL TO TWO HUNDRED FIFTY PERCENT OF THE
APPLICABLE FEDERAL POVERTY LINE, BUT LESS THAN THREE HUNDRED PERCENT OF
THE APPLICABLE FEDERAL POVERTY LINE SHALL BE THREE HUNDRED AND FORTY-
SEVEN DOLLARS. THE AMOUNT OF SUCH PREMIUM FOR A PERSON WHOSE NET AVAIL-
ABLE INCOME IS GREATER THAN OR EQUAL TO THREE HUNDRED PERCENT OF THE
APPLICABLE FEDERAL POVERTY LINE, BUT LESS THAN FOUR HUNDRED PERCENT OF
THE APPLICABLE FEDERAL POVERTY LINE SHALL BE FIVE HUNDRED EIGHTEEN
DOLLARS. THE AMOUNT OF SUCH PREMIUM FOR A PERSON WHOSE NET AVAILABLE
INCOME IS GREATER THAN OR EQUAL TO FOUR HUNDRED PERCENT OF THE APPLICA-
BLE FEDERAL POVERTY LINE, BUT LESS THAN FIVE HUNDRED PERCENT OF THE
APPLICABLE FEDERAL POVERTY LINE SHALL BE SEVEN HUNDRED AND SEVENTY-NINE
DOLLARS. THE AMOUNT OF SUCH PREMIUM FOR A PERSON WHOSE NET AVAILABLE
INCOME IS EQUAL TO OR GREATER THAN FIVE HUNDRED PERCENT OF THE APPLICA-
BLE FEDERAL POVERTY LINE SHALL BE ONE THOUSAND FOUR HUNDRED AND FORTY-
EIGHT DOLLARS. NO PREMIUM SHALL BE REQUIRED FROM A PERSON WHOSE NET
AVAILABLE INCOME IS LESS THAN TWO HUNDRED FIFTY PERCENT OF THE APPLICA-
BLE FEDERAL POVERTY LINE.
(E) NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION OR ANY OTHER
LAW TO THE CONTRARY, FOR PURPOSES OF DETERMINING MEDICAL ASSISTANCE
ELIGIBILITY FOR PERSONS SPECIFIED IN PARAGRAPH (B) OR (C) OF THIS SUBDI-
VISION, THE INCOME AND RESOURCES OF RESPONSIBLE RELATIVES SHALL NOT BE
DEEMED AVAILABLE FOR AS LONG AS THE PERSON MEETS THE CRITERIA SPECIFIED
IN THIS SUBDIVISION.
§ 2. This act shall take effect on January 1, 2025.
PART O
Section 1. Subdivisions 1, 15, 16, 17 and 18 of section 1399-aa of the
public health law, subdivision 1 as amended by chapter 13 of the laws of
2003, subdivisions 15, 16, 17 and 18 as added by section 2 of part EE of
chapter 56 of the laws of 2020, are amended and two new subdivisions 19
and 20 are added to read as follows:
1. "Enforcement officer" means the enforcement officer designated
pursuant to article thirteen-E of this chapter to enforce such article
and hold hearings pursuant thereto; provided that in a city with a popu-
lation of more than one million it shall also mean an officer or employ-
ee or any agency of such city that is authorized to enforce any local
law of such city related to the regulation of the sale of CIGARETTES,
tobacco products, OR VAPOR PRODUCTS to minors.
15. "Listed or non-discounted price" means the price listed for ciga-
rettes, tobacco products, or vapor products [intended or reasonably
expected to be used with or for the consumption of nicotine,] on their
packages or any related shelving, posting, advertising or display at the
location where the cigarettes, tobacco products, or vapor products
[intended or reasonably expected to be used with or for the consumption
of nicotine,] are sold or offered for sale, including all applicable
taxes.
16. "Retail dealer" means a person licensed by the commissioner of
taxation and finance to sell cigarettes, tobacco products, or vapor
products [in this state], OR A PERSON OR BUSINESS REQUIRED TO OBTAIN
SUCH LICENSE.
17. "Vapor products" means any noncombustible liquid or gel, regard-
less of the presence of nicotine therein, that is manufactured into a
finished product for use in an electronic [cigarette, including any]
device THAT DELIVERS VAPOR WHICH IS INHALED, INCLUDING ANY REFILL,
S. 4007--A 146 A. 3007--A
CARTRIDGE, DEVICE OR COMPONENT THEREOF that contains OR IS INTENDED TO
BE USED WITH such noncombustible liquid or gel. "Vapor product" shall
not include any device, or any component thereof, that does not contain
such noncombustible liquid or gel, or any product approved by the United
States [food and drug administration] FOOD AND DRUG ADMINISTRATION as a
drug or medical device, or manufactured and dispensed pursuant to [title
five-A of article thirty-three of this chapter] ARTICLE THREE, FOUR OR
FIVE OF THE CANNABIS LAW.
18. "Vapor products dealer" means a person licensed by the commission-
er of taxation and finance to sell vapor products [in this state], OR A
PERSON OR BUSINESS REQUIRED TO OBTAIN SUCH LICENSE.
19. "TOBACCO OR VAPOR SELLER" MEANS A PERSON, SOLE PROPRIETORSHIP,
CORPORATION, LIMITED LIABILITY COMPANY, PARTNERSHIP OR OTHER ENTERPRISE
THAT MANUFACTURES, DISTRIBUTES, SELLS OR OFFERS TO SELL, WHETHER THROUGH
RETAIL OR WHOLESALE, OR EXCHANGES OR OFFERS TO EXCHANGE, FOR ANY FORM OF
CONSIDERATION, CIGARETTES, TOBACCO PRODUCTS, OR VAPOR PRODUCTS. THIS
DEFINITION IS WITHOUT REGARD TO THE QUANTITY OF CIGARETTES, TOBACCO
PRODUCTS, OR VAPOR PRODUCTS MANUFACTURED, DISTRIBUTED, SOLD, OFFERED FOR
SALE, EXCHANGED, OR OFFERED FOR EXCHANGE.
20. "SMOKING PARAPHERNALIA" MEANS ANY PIPE, WATER PIPE, HOOKAH, ROLL-
ING PAPERS, VAPORIZER OR ANY OTHER DEVICE, EQUIPMENT OR APPARATUS
DESIGNED FOR THE INHALATION OF TOBACCO.
§ 2. Subdivisions 1, 1-a, 2, 3, 4 and 5 of section 1399-bb of the
public health law, subdivisions 1, 2, 3, 4 and 5 as amended and subdivi-
sion 1-a as added by section 4 of part EE of chapter 56 of the laws of
2020, are amended to read as follows:
1. No retail dealer, or any agent or employee of [a] ANY retail
dealer, engaged in the business of selling or otherwise distributing
tobacco products, vapor products [intended or reasonably expected to be
used with or for the consumption of nicotine], or herbal cigarettes for
commercial purposes[, or any agent or employee of such retail dealer, or
any agent or employee of a retail dealer], shall knowingly, in further-
ance of such business:
(a) distribute without charge any tobacco products, vapor products
[intended or reasonably expected to be used with or for the consumption
of nicotine], or herbal cigarettes to any individual, provided that the
distribution of a package containing tobacco products, vapor products
[intended or reasonably expected to be used with or for the consumption
of nicotine], or herbal cigarettes in violation of this subdivision
shall constitute a single violation without regard to the number of
items in the package; or
(b) distribute price reduction instruments which are redeemable for
tobacco products, vapor products [intended or reasonably expected to be
used with or for the consumption of nicotine], or herbal cigarettes to
any individual, provided that this subdivision shall not apply to
coupons contained in newspapers, magazines or other types of publica-
tions, coupons obtained through the purchase of tobacco products, vapor
products [intended or reasonably expected to be used with or for the
consumption of nicotine], or herbal cigarettes or obtained at locations
which sell tobacco products, vapor products [intended or reasonably
expected to be used with or for the consumption of nicotine], or herbal
cigarettes provided that such distribution is confined to a designated
area or to coupons sent through the mail.
1-a. No retail dealer engaged in the business of selling or otherwise
distributing tobacco products, herbal cigarettes, or vapor products
[intended or reasonably expected to be used with or for the consumption
S. 4007--A 147 A. 3007--A
of nicotine] for commercial purposes, or any agent or employee of such
retail dealer, shall knowingly, in furtherance of such business:
(a) honor or accept a price reduction instrument in any transaction
related to the sale of tobacco products, herbal cigarettes, or vapor
products [intended or reasonably expected to be used with or for the
consumption of nicotine] to a consumer;
(b) sell or offer for sale any tobacco products, herbal cigarettes, or
vapor products [intended or reasonably expected to be used with or for
the consumption of nicotine] to a consumer through any multi-package
discount or otherwise provide to a consumer any tobacco products, herbal
cigarettes, or vapor products [intended or reasonably expected to be
used with or for the consumption of nicotine] for less than the listed
price or non-discounted price in exchange for the purchase of any other
tobacco products, herbal cigarettes, or vapor products [intended or
reasonably expected to be used with or for the consumption of nicotine]
by such consumer;
(c) sell, offer for sale, or otherwise provide any product other than
a tobacco product, herbal cigarette, or vapor product [intended or
reasonably expected to be used with or for the consumption of nicotine]
to a consumer for less than the listed price or non-discounted price in
exchange for the purchase of a tobacco product, herbal cigarette, or
vapor product [intended or reasonably expected to be used with or for
the consumption of nicotine] by such consumer; or
(d) sell, offer for sale, or otherwise provide a tobacco product,
herbal cigarette, or vapor product [intended or reasonably expected to
be used with or for the consumption of nicotine] to a consumer for less
than the listed price or non-discounted price.
2. The prohibitions contained in subdivision one of this section shall
not apply to the following locations:
(a) private social functions when seating arrangements are under the
control of the sponsor of the function and not the owner, operator,
manager or person in charge of such indoor area;
(b) conventions and trade shows; provided that the distribution is
confined to designated areas generally accessible only to persons over
the age of twenty-one;
(c) events sponsored by tobacco, vapor product [intended or reasonably
expected to be used with or for the consumption of nicotine], or herbal
cigarette manufacturers provided that the distribution is confined to
designated areas generally accessible only to persons over the age of
twenty-one;
(d) bars as defined in subdivision one of section thirteen hundred
ninety-nine-n of this chapter;
(e) tobacco businesses as defined in subdivision eight of section
thirteen hundred ninety-nine-aa of this article;
(f) factories as defined in subdivision nine of section thirteen
hundred ninety-nine-aa of this article and construction sites; provided
that the distribution is confined to designated areas generally accessi-
ble only to persons over the age of twenty-one.
3. No retail dealer shall distribute tobacco products, vapor products
[intended or reasonably expected to be used with or for the consumption
of nicotine], or herbal cigarettes at the locations set forth in para-
graphs (b), (c) and (f) of subdivision two of this section unless such
person gives five days written notice to the enforcement officer.
4. No retail dealer engaged in the business of selling or otherwise
distributing [electronic cigarettes or] vapor products [intended or
reasonably expected to be used with or for the consumption of nicotine]
S. 4007--A 148 A. 3007--A
for commercial purposes, or any agent or employee of such person, shall
knowingly, in furtherance of such business, distribute without charge
any [electronic cigarettes] VAPOR PRODUCTS to any individual under twen-
ty-one years of age.
5. The distribution of tobacco products, [electronic cigarettes,]
vapor products [intended or reasonably expected to be used with or for
the consumption of nicotine], or herbal cigarettes pursuant to subdivi-
sion two of this section or the distribution without charge of [elec-
tronic cigarettes, or] vapor products [intended or reasonably expected
to be used with or for the consumption of nicotine], shall be made only
to an individual who demonstrates, through (a) a driver's license or
non-driver identification card issued by the commissioner of motor vehi-
cles, the federal government, any United States territory, commonwealth,
or possession, the District of Columbia, a state government within the
United States, or a provincial government of the dominion of Canada, (b)
a valid passport issued by the United States government or the govern-
ment of any other country, or (c) an identification card issued by the
armed forces of the United States, indicating that the individual is at
least twenty-one years of age. Such identification need not be required
of any individual who reasonably appears to be at least twenty-five
years of age; provided, however, that such appearance shall not consti-
tute a defense in any proceeding alleging the sale of a tobacco product,
[electronic cigarette,] vapor product [intended or reasonably expected
to be used with or for the consumption of nicotine], or herbal cigarette
or the distribution without charge of [electronic cigarettes, or] vapor
products [intended or reasonably expected to be used with or for the
consumption of nicotine to an individual].
§ 3. The section heading and subdivisions 1, 2, 3, 4 and 7 of section
1399-cc of the public health law, the section heading, subdivisions 1
and 4 as amended by chapter 542 of the laws of 2014, subdivisions 2, 3
and 7 as amended by chapter 100 of the laws of 2019, are amended to read
as follows:
Sale of tobacco products, herbal cigarettes, [liquid nicotine,]
shisha, [rolling papers or] smoking paraphernalia, OR VAPOR PRODUCTS to
minors prohibited. 1. As used in this section:
(a) "A device capable of deciphering any electronically readable
format" or "device" shall mean any commercial device or combination of
devices used at a point of sale or entry that is capable of reading the
information encoded on the bar code or magnetic strip of a driver's
license or non-driver identification card issued by the state commis-
sioner of motor vehicles;
(b) "Card holder" means any person presenting a driver's license or
non-driver identification card to a licensee, or to the agent or employ-
ee of such licensee under this chapter;
(c) ["Smoking paraphernalia" means any pipe, water pipe, hookah, roll-
ing papers, vaporizer or any other device, equipment or apparatus
designed for the inhalation of tobacco;
(d)] "Transaction scan" means the process involving an automated bar
code reader by which a licensee, or agent or employee of a licensee
under this chapter reviews a driver's license or non-driver identifica-
tion card presented as a precondition for the purchase of [a] tobacco
[product] PRODUCTS, VAPOR PRODUCTS, or herbal cigarettes pursuant to
subdivision three of this section; and
[(e)] (D) "Liquid nicotine", "electronic liquid" or "e-liquid" means a
liquid composed of nicotine and other chemicals, and which is sold as a
product that may be used in an electronic cigarette.
S. 4007--A 149 A. 3007--A
2. Any person operating a place of business wherein tobacco products,
herbal cigarettes, [liquid nicotine,] shisha or [electronic cigarettes]
VAPOR PRODUCTS, are sold or offered for sale is prohibited from selling
such TOBACCO OR VAPOR products, herbal cigarettes, [liquid nicotine,]
shisha, [electronic cigarettes] or smoking paraphernalia to individuals
under twenty-one years of age, and shall post in a conspicuous place a
sign upon which there shall be imprinted the following statement, "SALE
OF CIGARETTES, CIGARS, CHEWING TOBACCO, POWDERED TOBACCO, SHISHA, VAPOR
PRODUCTS, OR OTHER TOBACCO PRODUCTS, HERBAL CIGARETTES, [LIQUID NICO-
TINE, ELECTRONIC CIGARETTES, ROLLING PAPERS] OR SMOKING PARAPHERNALIA,
TO PERSONS UNDER TWENTY-ONE YEARS OF AGE IS PROHIBITED BY LAW." Such
sign shall be printed on a white card in red letters at least one-half
inch in height.
3. Sale of tobacco products, herbal cigarettes, [liquid nicotine,]
shisha [or electronic cigarettes], OR VAPOR PRODUCTS in such places,
other than by a vending machine, shall be made only to an individual who
demonstrates, through (a) a valid driver's license or non-driver's iden-
tification card issued by the commissioner of motor vehicles, the feder-
al government, any United States territory, commonwealth or possession,
the District of Columbia, a state government within the United States or
a provincial government of the dominion of Canada, or (b) a valid pass-
port issued by the United States government or any other country, or (c)
an identification card issued by the armed forces of the United States,
indicating that the individual is at least twenty-one years of age. Such
identification need not be required of any individual who reasonably
appears to be at least twenty-five years of age, provided, however, that
such appearance shall not constitute a defense in any proceeding alleg-
ing the sale of [a] tobacco [product,] PRODUCTS, VAPOR PRODUCTS, herbal
cigarettes, [liquid nicotine,] OR shisha [or electronic cigarettes] to
an individual under twenty-one years of age.
4. (a) Any person operating a place of business wherein tobacco
products, VAPOR PRODUCTS, herbal cigarettes, [liquid nicotine,] OR
shisha [or electronic cigarettes] are sold or offered for sale may
perform a transaction scan as a precondition for such purchases.
(b) In any instance where the information deciphered by the trans-
action scan fails to match the information printed on the driver's
license or non-driver identification card, or if the transaction scan
indicates that the information is false or fraudulent, the attempted
transaction shall be denied.
(c) In any proceeding pursuant to section thirteen hundred ninety-
nine-ee of this article, it shall be an affirmative defense that such
person had produced a driver's license or non-driver identification card
apparently issued by a governmental entity, successfully completed that
transaction scan, and that the tobacco product, VAPOR PRODUCT, herbal
cigarettes or [liquid nicotine] SHISHA had been sold, delivered or given
to such person in reasonable reliance upon such identification and tran-
saction scan. In evaluating the applicability of such affirmative
defense the commissioner shall take into consideration any written poli-
cy adopted and implemented by the seller to effectuate the provisions of
this chapter. Use of a transaction scan shall not excuse any person
operating a place of business wherein tobacco products, VAPOR PRODUCT,
herbal cigarettes, [liquid nicotine,] OR shisha [or electronic ciga-
rettes] are sold, or the agent or employee of such person, from the
exercise of reasonable diligence otherwise required by this chapter.
Notwithstanding the above provisions, any such affirmative defense shall
S. 4007--A 150 A. 3007--A
not be applicable in any civil or criminal proceeding, or in any other
forum.
7. No person operating a place of business wherein tobacco products,
VAPOR PRODUCTS, herbal cigarettes, [liquid nicotine,] OR shisha [or
electronic cigarettes] are sold or offered for sale shall sell, permit
to be sold, offer for sale or display for sale any tobacco product,
VAPOR PRODUCT, herbal cigarettes, [liquid nicotine,] OR shisha [or elec-
tronic cigarettes] in any manner, unless such products and cigarettes
are stored for sale (a) behind a counter in an area accessible only to
the personnel of such business, or (b) in a locked container; provided,
however, such restriction shall not apply to tobacco businesses, as
defined in subdivision eight of section thirteen hundred ninety-nine-aa
of this article, and to places to which admission is restricted to
persons twenty-one years of age or older.
§ 4. Section 1399-dd of the public health law, as amended by chapter
448 of the laws of 2012, subdivision (d) as amended by chapter 100 of
the laws of 2019, is amended to read as follows:
§ 1399-dd. Sale of tobacco products, herbal cigarettes or [electronic
cigarettes] VAPOR PRODUCTS in vending machines. No person, firm, part-
nership, company or corporation shall operate a vending machine which
dispenses tobacco products, herbal cigarettes or [electronic cigarettes]
VAPOR PRODUCTS unless such machine is located: (a) in a bar as defined
in subdivision one of section thirteen hundred ninety-nine-n of this
chapter, or the bar area of a food service establishment with a valid,
on-premises full liquor license; (b) in a private club; (c) in a tobacco
business as defined in subdivision eight of section thirteen hundred
ninety-nine-aa of this article; or (d) in a place of employment which
has an insignificant portion of its regular workforce comprised of
people under the age of twenty-one years and only in such locations that
are not accessible to the general public; provided, however, that in
such locations the vending machine is located in plain view and under
the direct supervision and control of the person in charge of the
location or [his or her] THEIR designated agent or employee.
§ 5. The section heading and subdivisions 1 and 2 of section 1399-dd-1
of the public health law, as added by section 13 of part EE of chapter
56 of the laws of 2020, are amended to read as follows:
Public display of tobacco AND VAPOR product [and electronic cigarette]
advertisements and smoking paraphernalia prohibited. 1. For purposes of
this section[:
(a) "Advertisement"] "ADVERTISEMENT" means words, pictures, photo-
graphs, symbols, graphics or visual images of any kind, or any combina-
tion thereof, which bear a health warning required by federal statute,
the purpose or effect of which is to identify a brand of a tobacco OR
VAPOR product, [electronic cigarette, or vapor product intended or
reasonably expected to be used with or for the consumption of nicotine],
a trademark of a tobacco OR VAPOR product, [electronic cigarette, or
vapor product intended or reasonably expected to be used with or for the
consumption of nicotine or] a trade name associated exclusively with a
tobacco OR VAPOR product, [electronic cigarette, or vapor product
intended or reasonably expected to be used with or for the consumption
of nicotine] or to promote the use or sale of a tobacco OR VAPOR prod-
uct[, electronic cigarette, or vapor product intended or reasonably
expected to be used with or for the consumption of nicotine.
(b) "Smoking paraphernalia" means any pipe, water pipe, hookah, roll-
ing papers, electronic cigarette, vaporizer or any other device, equip-
ment or apparatus designed for the inhalation of tobacco or nicotine.
S. 4007--A 151 A. 3007--A
(c) "Vapor product" means any vapor product, as defined by section
thirteen hundred ninety-nine-aa of this article, intended or reasonably
expected to be used with or for the consumption of nicotine.
(d) "Tobacco products" shall have the same meaning as in subdivision
five of section thirteen hundred ninety-nine-aa of this article.
(e) "Electronic cigarette" shall have the same meaning as in subdivi-
sion thirteen of section thirteen hundred ninety-nine-aa of this arti-
cle].
2. (a) No person, corporation, partnership, sole proprietor, limited
partnership, association or any other business entity may place, cause
to be placed, maintain or to cause to be maintained, smoking parapher-
nalia [or], tobacco product, [electronic cigarette,] or vapor product
[intended or reasonably expected to be used with or for the consumption
of nicotine] advertisements in a store front or exterior window or any
door which is used for entry or egress by the public to the building or
structure containing a place of business within one thousand five
hundred feet of a school, provided that within New York city such prohi-
bitions shall only apply within five hundred feet of a school.
(b) Any person, corporation, partnership, sole proprietor, limited
partnership, association or any other business entity in violation of
this section shall be subject to a civil penalty of not more than five
hundred dollars for a first violation and not more than one thousand
dollars for a second or subsequent violation.
§ 6. Subdivisions 2, 3 and 4 of section 1399-ee of the public health
law, subdivision 2 and paragraphs (e) and (f) of subdivision 3 as
amended by section 6 of part EE of chapter 56 of the laws of 2020 and
subdivisions 3 and 4 as amended by chapter 162 of the laws of 2002, are
amended to read as follows:
2. If the enforcement officer determines after a hearing that a
violation of this article has occurred, [he or she] OR THAT A STATE OR
LOCAL HEALTH OFFICIAL WAS DENIED ACCESS TO A RETAIL STORE INCLUDING ALL
PRODUCT DISPLAY AND STORAGE AREAS, FOR THE PURPOSE OF EVALUATING COMPLI-
ANCE WITH THIS ARTICLE, THEY shall impose a civil penalty of a minimum
of three hundred dollars, but not to exceed one thousand five hundred
dollars for a first violation, and a minimum of one thousand dollars,
but not to exceed two thousand five hundred dollars for each subsequent
violation, unless a different penalty is otherwise provided in this
article. The enforcement officer shall advise the retail dealer that
upon the accumulation of three or more points pursuant to this section
the department of taxation and finance shall suspend the dealer's regis-
tration. If the enforcement officer determines after a hearing that a
retail dealer was selling tobacco OR VAPOR products while their regis-
tration was suspended or permanently revoked pursuant to subdivision
three or four of this section, [he or she] THEY shall impose a civil
penalty of twenty-five hundred dollars.
3. (a) Imposition of points. If the enforcement officer determines,
after a hearing, that the retail dealer violated subdivision [one] TWO
of section thirteen hundred ninety-nine-cc of this article with respect
to a prohibited sale to a minor, [he or she] THEY shall, in addition to
imposing any other penalty required or permitted pursuant to this
section, assign two points to the retail dealer's record where the indi-
vidual who committed the violation did not hold a certificate of
completion from a state certified tobacco sales training program and one
point where the retail dealer demonstrates that the person who committed
the violation held a certificate of completion from a state certified
tobacco sales training program.
S. 4007--A 152 A. 3007--A
(b) Revocation. If the enforcement officer determines, after a hear-
ing, that a retail dealer has violated this article four times within a
three year time frame [he or she] THEY shall, in addition to imposing
any other penalty required or permitted by this section, direct the
commissioner of taxation and finance to revoke the dealer's registration
for one year.
(c) Duration of points. Points assigned to a retail dealer's record
shall be assessed for a period of thirty-six months beginning on the
first day of the month following the assignment of points.
(d) Reinspection. Any retail dealer who is assigned points pursuant to
paragraph (a) of this subdivision shall be reinspected at least two
times a year by the enforcement officer until points assessed are
removed from the retail dealer's record.
(e) Suspension. If the department determines that a retail dealer has
accumulated three points or more, the department shall direct the
commissioner of taxation and finance to suspend such dealer's registra-
tion for one year. The three points serving as the basis for a suspen-
sion shall be erased upon the completion of the one year penalty.
(f) Surcharge. A two hundred fifty dollar surcharge to be assessed for
every violation will be made available to enforcement officers and shall
be used solely for compliance checks to be conducted to determine
compliance with this section.
4. (a) If the enforcement officer determines, after a hearing, that a
retail dealer has violated this article while their registration was
suspended pursuant to subdivision three of this section, [he or she] THE
ENFORCEMENT OFFICER shall, in addition to imposing any other penalty
required or permitted by this section, direct the commissioner of taxa-
tion and finance to permanently revoke the dealer's registration and not
permit the dealer to obtain a new registration.
(b) If the enforcement officer determines, after a hearing, that a
vending machine operator has violated this article three times within a
two year period, or four or more times cumulatively [he or she] THEY
shall, in addition to imposing any other penalty required or permitted
by this section, direct the commissioner of taxation and finance to
suspend the vendor's registration for one year and not permit the vendor
to obtain a new registration for such period.
§ 7. Subdivision 1 of section 1399-ff of the public health law, as
amended by chapter 100 of the laws of 2019, is amended to read as
follows:
1. Where a civil penalty for a particular incident has not been
imposed or an enforcement action regarding an alleged violation for a
particular incident is not pending under section thirteen hundred nine-
ty-nine-ee of this article, a parent or guardian of a person under twen-
ty-one years of age to whom tobacco products, herbal cigarettes [or
electronic cigarettes], OR VAPOR PRODUCTS are sold or distributed in
violation of this article may submit a complaint to an enforcement offi-
cer setting forth the name and address of the alleged violator, the date
of the alleged violation, the name and address of the complainant and
the person under twenty-one years of age, and a brief statement describ-
ing the alleged violation. The enforcement officer shall notify the
alleged violator by certified or registered mail, return receipt
requested, that a complaint has been submitted, and shall set a date, at
least fifteen days after the mailing of such notice, for a hearing on
the complaint. Such notice shall contain the information submitted by
the complainant.
S. 4007--A 153 A. 3007--A
§ 8. Subdivision 1 of section 1399-gg of the public health law, as
amended by chapter 513 of the laws of 2004, is amended to read as
follows:
1. All tobacco cigarettes OR VAPOR PRODUCTS sold or offered for sale
by a retail dealer shall be sold or offered for sale in the package,
box, carton or other container provided by the manufacturer, importer,
or packager which bears all health warnings required by applicable law.
§ 9. The opening paragraph and subdivision 3 of section 1399-hh of
the public health law, as amended by section 8 of part EE of chapter 56
of the laws of 2020, are amended to read as follows:
The commissioner shall develop, plan and implement a comprehensive
program to reduce the prevalence of tobacco [use, and vapor product,
intended or reasonably expected to be used with or for the consumption
of nicotine,] AND VAPOR PRODUCT use particularly among persons less than
twenty-one years of age. This program shall include, but not be limited
to, support for enforcement of this article.
3. Monies made available to enforcement officers pursuant to this
section shall only be used for local tobacco and vapor product[,
intended or reasonably expected to be used with or for the consumption
of nicotine,] enforcement activities approved by the commissioner.
§ 10. Subdivision 2 of section 1399-ii of the public health law, as
amended by section 12 of part EE of chapter 56 of the laws of 2020, is
amended to read as follows:
2. The department shall support tobacco and vapor product use
prevention and control activities including, but not limited to:
(a) Community programs to prevent and reduce tobacco use through local
involvement and partnerships;
(b) School-based programs to prevent and reduce tobacco use and use of
vapor products;
(c) Marketing and advertising to discourage tobacco AND vapor product
[and liquid nicotine] use;
(d) Nicotine cessation programs for youth and adults;
(e) Special projects to reduce the disparities in smoking prevalence
among various populations;
(f) Restriction of youth access to tobacco products and vapor
products;
(g) Surveillance of smoking and vaping rates; and
(h) Any other activities determined by the commissioner to be neces-
sary to implement the provisions of this section.
Such programs shall be selected by the commissioner through an appli-
cation process which takes into account whether a program utilizes meth-
ods recognized as effective in reducing [nicotine] TOBACCO OR VAPOR
PRODUCT use. Eligible applicants may include, but not be limited to, a
health care provider, schools, a college or university, a local public
health department, a public health organization, a health care provider
organization, association or society, municipal corporation, or a
professional education organization.
§ 11. Section 1399-ii-1 of the public health law, as added by section
11 of part EE of chapter 56 of the laws of 2020, is amended to read as
follows:
§ 1399-ii-1. [Electronic cigarette and vaping] VAPOR PRODUCT
prevention, awareness and control program. The commissioner shall, in
consultation and collaboration with the commissioner of education,
establish and develop [an electronic cigarette and vaping] A VAPOR PROD-
UCT prevention, control and awareness program within the department.
Such program shall be designed to educate students, parents and school
S. 4007--A 154 A. 3007--A
personnel about the health risks associated with vapor product use and
control measures to reduce the prevalence of vaping, particularly among
persons less than twenty-one years of age. Such program shall include,
but not be limited to, the creation of age-appropriate instructional
tools and materials that may be used by all schools, and marketing and
advertising materials to discourage [electronic cigarette] VAPOR PRODUCT
use.
§ 12. Subdivisions 1, 2 and 3 of section 1399-jj of the public health
law, as amended by section 9 of part EE of chapter 56 of the laws of
2020, are amended to read as follows:
1. The commissioner shall evaluate the effectiveness of the efforts by
state and local governments to reduce the use of tobacco products and
vapor products[, intended or reasonably expected to be used with or for
the consumption of nicotine,] among minors and adults. The principal
measurements of effectiveness shall include negative attitudes toward
tobacco and vapor products[, intended or reasonably expected to be used
with or for the consumption of nicotine,] use and reduction of tobacco
and vapor products[, intended or reasonably expected to be used with or
for the consumption of nicotine,] use among the general population, and
given target populations.
2. The commissioner shall ensure that, to the extent practicable, the
most current research findings regarding mechanisms to reduce and change
attitudes toward tobacco and vapor products[, intended or reasonably
expected to be used with or for the consumption of nicotine,] use are
used in tobacco and vapor product[, intended or reasonably expected to
be used with or for the consumption of nicotine,] education programs
administered by the department.
3. To diminish tobacco and vapor product[, intended or reasonably
expected to be used with or for the consumption of nicotine,] use among
minors and adults, the commissioner shall ensure that, to the extent
practicable, the following is achieved: The department shall conduct an
independent evaluation of the statewide tobacco use prevention and
control program under section thirteen hundred ninety-nine-ii of this
article. The purpose of this evaluation is to direct the most efficient
allocation of state resources devoted to tobacco and vapor product[,
intended or reasonably expected to be used with or for the consumption
of nicotine], education and cessation to accomplish the maximum
prevention and reduction of tobacco and vapor product[, intended or
reasonably expected to be used with or for the consumption of nicotine,]
use among minors and adults. Such evaluation shall be provided to the
governor, the majority leader of the senate and the speaker of the
assembly on or before September first, two thousand one, and annually on
or before such date thereafter. The comprehensive evaluation design
shall be guided by the following:
(a) sound evaluation principles including, to the extent feasible,
elements of controlled experimental methods;
(b) an evaluation of the comparative effectiveness of individual
program designs which shall be used in funding decisions and program
modifications; and
(c) an evaluation of other programs identified by state agencies,
local lead agencies, and federal agencies.
§ 13. The opening paragraph and subdivision 2 of section 1399-kk of
the public health law, as amended by section 10 of part EE of chapter 56
of the laws of 2020, are amended to read as follows:
The commissioner shall submit to the governor and the legislature an
interim tobacco control report and annual tobacco control reports which
S. 4007--A 155 A. 3007--A
shall describe the extent of the use of tobacco products and vapor
products[, intended or reasonably expected to be used with or for the
consumption of nicotine,] by those under twenty-one years of age in the
state and document the progress state and local governments have made in
reducing such use among those under twenty-one years of age.
2. The commissioner shall submit to the governor and the legislature
an annual tobacco and vapor products[, intended or reasonably expected
to be used with or for the consumption of nicotine,] control report
which shall describe the extent of the use of tobacco products and vapor
products[, intended or reasonably expected to be used with or for the
consumption of nicotine,] by those under twenty-one years of age in the
state and document the progress state and local governments have made in
reducing such use among those under twenty-one years of age. The annual
report shall be submitted to the governor and the legislature on or
before March thirty-first of each year beginning on March thirty-first,
nineteen hundred ninety-nine. The annual report shall, to the extent
practicable, include the following information on a county by county
basis:
(a) number of licensed and registered tobacco retailers and vendors
and licensed vapor products dealers;
(b) the names and addresses of retailers and vendors who have paid
fines, or have been otherwise penalized, due to enforcement actions;
(c) the number of complaints filed against licensed and registered
tobacco retailers and licensed vapor products dealers;
(d) the number of fires caused or believed to be caused by tobacco
products and vapor products[, intended or reasonably expected to be used
with or for the consumption of nicotine,] and deaths and injuries
resulting therefrom;
(e) the number and type of compliance checks conducted;
(f) a survey of attitudes and behaviors regarding tobacco use among
those under twenty-one years of age. The initial such survey shall be
deemed to constitute the baseline survey;
(g) the number of tobacco and vapor product[, intended or reasonably
expected to be used with or for the consumption of nicotine,] users and
estimated trends in tobacco and vapor product[, intended or reasonably
expected to be used with or for the consumption of nicotine,] use among
those under twenty-one years of age;
(h) annual tobacco and vapor product[, intended or reasonably expected
to be used with or for the consumption of nicotine,] sales;
(i) tax revenue collected from the sale of tobacco products and vapor
products[, intended or reasonably expected to be used with or for the
consumption of nicotine];
(j) the number of licensed tobacco retail outlets and licensed vapor
products dealers;
(k) the number of cigarette vending machines;
(l) the number and type of compliance checks;
(m) the names of entities that have paid fines due to enforcement
actions; and
(n) the number of complaints filed against licensed tobacco retail
outlets and licensed vapor products dealers.
The annual tobacco and vapor product[, intended or reasonably expected
to be used with or for the consumption of nicotine,] control report
shall, to the extent practicable, include the following information:
(a) tobacco and vapor product[, intended or reasonably expected to be
used with or for the consumption of nicotine,] control efforts sponsored
by state government agencies including money spent to educate those
S. 4007--A 156 A. 3007--A
under twenty-one years of age on the hazards of tobacco and vapor prod-
uct[, intended or reasonably expected to be used with or for the
consumption of nicotine,] use;
(b) recommendations for improving tobacco and vapor product[, intended
or reasonably expected to be used with or for the consumption of nico-
tine,] control efforts in the state; and
(c) such other information as the commissioner deems appropriate.
§ 14. Subdivisions 1-a, 2, 3, 4, 5 and 6 of section 1399-ll of the
public health law, subdivisions 2, 3, 4, 5 and 6 as amended and subdivi-
sion 1-a as added by section 3 of part EE of chapter 56 of the laws of
2020, are amended to read as follows:
1-a. It shall be unlawful for any person engaged in the business of
selling vapor products to ship or cause to be shipped any vapor products
[intended or reasonably expected to be used with or for the consumption
of nicotine] to any person in this state who is not: (a) a person that
receives a certificate of registration as a vapor products dealer under
article [twenty eight-C] TWENTY-EIGHT-C of the tax law; (b) an export
warehouse proprietor pursuant to chapter 52 of the internal revenue code
or an operator of a customs bonded warehouse pursuant to section 1311 or
1555 of title 19 of the United States Code; or (c) a person who is an
officer, employee or agent of the United States government, this state
or a department, agency, instrumentality or political subdivision of the
United States or this state and presents [himself or herself] THEMSELF
as such, when such person is acting in accordance with [his or her]
THEIR official duties. For purposes of this subdivision, a person is a
licensed or registered agent or dealer described in paragraph (a) of
this subdivision if [his or her] THEIR name appears on a list of
licensed or registered agents or vapor product dealers published by the
department of taxation and finance, or if such person is licensed or
registered as an agent or dealer under article [twenty eight-C] TWENTY-
EIGHT-C of the tax law.
2. It shall be unlawful for any common or contract carrier to knowing-
ly transport cigarettes to any person in this state reasonably believed
by such carrier to be other than a person described in paragraph (a),
(b) or (c) of subdivision one of this section. For purposes of the
preceding sentence, if cigarettes are transported to a home or resi-
dence, it shall be presumed that the common or contract carrier knew
that such person was not a person described in paragraph (a), (b) or (c)
of subdivision one of this section. It shall be unlawful for any other
person to knowingly transport cigarettes to any person in this state,
other than to a person described in paragraph (a), (b) or (c) of subdi-
vision one of this section. Nothing in this subdivision shall be
construed to prohibit a person other than a common or contract carrier
from transporting not more than eight hundred cigarettes at any one time
to any person in this state. It shall be unlawful for any common or
contract carrier to knowingly transport vapor products [intended or
reasonably expected to be used with or for the consumption of nicotine]
to any person in this state reasonably believed by such carrier to be
other than a person described in paragraph (a), (b) or (c) of subdivi-
sion one-a of this section. For purposes of the preceding sentence, if
vapor products [intended or reasonably expected to be used with or for
the consumption of nicotine] are transported to a home or residence, it
shall be presumed that the common or contract carrier knew that such
person was not a person described in paragraph (a), (b) or (c) of subdi-
vision one-a of this section. It shall be unlawful for any other person
to knowingly transport vapor products [intended or reasonably expected
S. 4007--A 157 A. 3007--A
to be used with or for the consumption of nicotine] to any person in
this state, other than to a person described in paragraph (a), (b) or
(c) of subdivision one of this section. Nothing in this subdivision
shall be construed to prohibit a person other than a common or contract
carrier from transporting vapor products, provided that the amount of
vapor products [intended or reasonably expected to be used with or for
the consumption of nicotine] shall not exceed the lesser of 500 millili-
ters, or a total nicotine content of 3 grams at any one time to any
person in this state.
3. When a person engaged in the business of selling cigarettes ships
or causes to be shipped any cigarettes to any person in this state,
other than in the cigarette manufacturer's original container or wrap-
ping, the container or wrapping must be plainly and visibly marked with
the word "cigarettes". When a person engaged in the business of selling
vapor products ships or causes to be shipped any vapor products
[intended or reasonably expected to be used with or for the consumption
of nicotine] to any person in this state, other than in the vapor
products manufacturer's original container or wrapping, the container or
wrapping must be plainly and visibly marked with the words "vapor
products".
4. Whenever a police officer designated in section 1.20 of the crimi-
nal procedure law or a peace officer designated in subdivision four of
section 2.10 of such law, acting pursuant to [his or her] THEIR special
duties, shall discover any cigarettes or vapor products [intended or
reasonably expected to be used with or for the consumption of nicotine]
which have been or which are being shipped or transported in violation
of this section, such person is hereby empowered and authorized to seize
and take possession of such cigarettes or vapor products [intended or
reasonably expected to be used with or for the consumption of nicotine],
and such cigarettes or vapor products [intended or reasonably expected
to be used with or for the consumption of nicotine] shall be subject to
a forfeiture action pursuant to the procedures provided for in article
thirteen-A of the civil practice law and rules, as if such article
specifically provided for forfeiture of cigarettes or vapor products
[intended or reasonably expected to be used with or for the consumption
of nicotine] seized pursuant to this section as a pre-conviction forfei-
ture crime.
5. Any person who violates the provisions of subdivision one, one-a,
or two of this section shall be guilty of a class A misdemeanor and for
a second or subsequent violation shall be guilty of a class E felony. In
addition to the criminal penalty, any person who violates the provisions
of subdivision one, one-a, two or three of this section shall be subject
to a civil penalty not to exceed the greater of (a) five thousand
dollars for each such violation; (b) one hundred dollars for each pack
of cigarettes shipped, caused to be shipped or transported in violation
of such subdivision; or (c) one hundred dollars for each vapor product
[intended or reasonably expected to be used with or for the consumption
of nicotine] shipped, caused to be shipped or transported in violation
of such subdivision.
6. The attorney general may bring an action to recover the civil
penalties provided by subdivision five of this section and for such
other relief as may be deemed necessary. In addition, the corporation
counsel of any political subdivision that imposes a tax on cigarettes or
vapor products [intended or reasonably expected to used with or for the
consumption of nicotine] may bring an action to recover the civil penal-
ties provided by subdivision five of this section and for such other
S. 4007--A 158 A. 3007--A
relief as may be deemed necessary with respect to any cigarettes or
vapor products [intended or reasonably expected to be used with or for
the consumption of nicotine] shipped, caused to be shipped or trans-
ported in violation of this section to any person located within such
political subdivision. All civil penalties obtained in any such action
shall be retained by the state or political subdivision bringing such
action, provided that no person shall be required to pay civil penalties
to both the state and a political subdivision with respect to the same
violation of this section.
§ 15. Paragraph (a) of subdivision 2 of section 1399-mm of the public
health law, as added by chapter 549 of the laws of 2003, is amended to
read as follows:
(a) The provisions of subdivision one of this section shall not apply
to a tobacco business, as defined in SUBDIVISION EIGHT OF section thir-
teen hundred [ninety-nine-n] NINETY-NINE-AA of this [chapter] ARTICLE.
§ 16. Section 1399-mm-1 of the public health law, as added by section
1 of part EE of chapter 56 of the laws of 2020, is amended to read as
follows:
§ 1399-mm-1. Sale of flavored products prohibited. 1. For the purposes
of this section "flavored" shall mean any vapor OR TOBACCO product
[intended or reasonably expected to be used with or for the consumption
of nicotine,] with a [distinguishable] taste [or], aroma, OR SENSATION,
DISTINGUISHABLE BY AN ORDINARY CONSUMER, other than the taste or aroma
of tobacco, imparted either prior to or during consumption of such prod-
uct or a component part thereof, including but not limited to tastes or
aromas relating to any fruit, chocolate, vanilla, honey, candy, cocoa,
dessert, alcoholic beverage, mint, wintergreen, menthol, herb or spice,
or any concept flavor that imparts a taste or aroma that is distinguish-
able from tobacco flavor but may not relate to any particular known
flavor, OR A COOLING OR NUMBING SENSATION IMPARTED DURING CONSUMPTION OF
A TOBACCO OR VAPOR PRODUCT. THIS SHALL NOT INCLUDE ANY PRODUCT APPROVED
BY THE UNITED STATES FOOD AND DRUG ADMINISTRATION AS A DRUG OR MEDICAL
DEVICE. A vapor OR TOBACCO product [intended or reasonably expected to
be used with or for the consumption of nicotine,] shall be presumed to
be flavored if a product's PACKAGING OR LABELING, OR IF THE PRODUCT'S
retailer, manufacturer, or a manufacturer's agent or employee, has made
a statement or claim directed to consumers or the public, whether
expressed or implied, that such product or device has a [distinguish-
able] taste [or], aroma, OR SENSATION, AS DISTINGUISHABLE BY THE ORDI-
NARY CONSUMER, other than the taste [or], aroma, OR SENSATION of tobac-
co.
2. No vapor products dealer, OR RETAIL DEALER, OR TOBACCO OR VAPOR
SELLER, or any agent or employee of a vapor products dealer, RETAIL
DEALER, OR A TOBACCO OR VAPOR SELLER, shall sell or offer for sale [at
retail in the state], OR EXCHANGE OR OFFER FOR EXCHANGE, FOR ANY FORM OF
CONSIDERATION, any flavored vapor OR TOBACCO product [intended or
reasonably expected to be used with or for the consumption of nicotine],
WHETHER THROUGH RETAIL OR WHOLESALE.
3. NO VAPOR PRODUCTS DEALER, RETAIL DEALER, OR TOBACCO OR VAPOR SELL-
ER OR ANY AGENT OR EMPLOYEE OF A VAPOR PRODUCTS DEALER, RETAIL DEALER,
OR TOBACCO OR VAPOR SELLER, ACTING IN THE CAPACITY THEREOF, SHALL KEEP
IN INVENTORY, STORE, STOW, WAREHOUSE, PROCESS, PACKAGE, SHIP, OR
DISTRIBUTE FLAVORED VAPOR OR TOBACCO PRODUCTS ANYWHERE IN, OR ADJACENT
TO, A PLACE OF BUSINESS WHERE VAPOR OR TOBACCO PRODUCTS ARE SOLD,
OFFERED FOR SALE, EXCHANGED, OR OFFERED FOR EXCHANGE, FOR ANY FORM OF
CONSIDERATION, AT RETAIL.
S. 4007--A 159 A. 3007--A
4. Any vapor products dealer, RETAIL DEALER, OR TOBACCO OR VAPOR SELL-
ER, or any agent or employee of a vapor products dealer, RETAIL DEALER,
OR TOBACCO OR VAPOR SELLER, who violates the provisions of this section
shall be subject to a civil penalty of not more than one hundred dollars
for each individual package of flavored vapor OR TOBACCO product
[intended or reasonably expected to be used with or for the consumption
of nicotine sold or offered for sale, provided, however, that with
respect to a manufacturer, it shall be an affirmative defense to a find-
ing of violation pursuant to this section that such sale or offer of
sale, as applicable, occurred without the knowledge, consent, authori-
zation, or involvement, direct or indirect, of such manufacturer] SOLD
OR OFFERED FOR SALE, OR EXCHANGED OR OFFERED FOR EXCHANGE, FOR ANY FORM
OF CONSIDERATION, WHETHER THROUGH RETAIL OR WHOLESALE, OR KEPT IN INVEN-
TORY, STORED, STOWED, WAREHOUSED, PROCESSED, PACKAGED, SHIPPED, OR
DISTRIBUTED ANYWHERE IN, OR ADJACENT TO, A PLACE OF BUSINESS WHERE VAPOR
OR TOBACCO PRODUCTS ARE SOLD, OFFERED FOR SALE, EXCHANGED, OR OFFERED
FOR EXCHANGE, FOR ANY FORM OF CONSIDERATION, AT RETAIL. Violations OF
THE PROVISIONS of this section shall be enforced pursuant to [section]
SECTIONS thirteen hundred ninety-nine-ff AND THIRTEEN HUNDRED NINETY-
NINE-EE of this article, [except that any] PROVIDED, HOWEVER, THAT
VIOLATIONS OF THE PROVISIONS OF THIS SECTION MAY ALSO BE ENFORCED BY THE
COMMISSIONER. ANY person may submit a complaint to an enforcement offi-
cer that a violation of this section has occurred.
[4. The provisions of this section shall not apply to any vapor
products dealer, or any agent or employee of a vapor products dealer,
who sells or offers for sale, or who possess with intent to sell or
offer for sale, any flavored vapor product intended or reasonably
expected to be used with or for the consumption of nicotine that the
U.S. Food and Drug Administration has authorized to legally market as
defined under 21 U.S.C. § 387j and that has received a premarket review
approval order under 21 U.S.C. § 387j(c) et seq.] 5. NOTHING IN THIS
SECTION SHALL BE CONSTRUED TO PENALIZE THE PURCHASE, USE, OR POSSESSION
OF A TOBACCO PRODUCT OR VAPOR PRODUCT BY ANY PERSON NOT ENGAGED AS A
VAPOR PRODUCTS DEALER, RETAIL DEALER, TOBACCO OR VAPOR SELLER, OR ANY
AGENT OR EMPLOYEE OF A VAPOR PRODUCTS DEALER, RETAIL DEALER, OR TOBACCO
OR VAPOR SELLER.
§ 17. Subdivision 1 of section 1399-mm-2 of the public health law, as
added by section 1 of part EE of chapter 56 of the laws of 2020, is
amended to read as follows:
1. No tobacco product, herbal cigarette, or vapor product [intended or
reasonably expected to be used with or for the consumption of nicotine,]
shall be sold in a pharmacy or in a retail establishment that contains a
pharmacy operated as a department as defined by paragraph f of subdivi-
sion two of section sixty-eight hundred eight of the education law.
Provided, however, that such prohibition on the sale of tobacco
products, herbal cigarettes, or vapor products [intended or reasonably
expected to be used with or for the consumption of nicotine,] shall not
apply to any other business that owns or leases premises within any
building or other facility that also contains a pharmacy or a retail
establishment that contains a pharmacy operated as a department as
defined by paragraph f of subdivision two of section sixty-eight hundred
eight of the education law.
§ 18. Subdivision 1 of section 1399-mm-3 of the public health law, as
added by section 1 of part EE of chapter 56 of the laws of 2020, is
amended to read as follows:
S. 4007--A 160 A. 3007--A
1. For the purposes of this section "carrier oils" shall mean any
ingredient of a vapor product intended to control the consistency or
other physical characteristics of such vapor product, to control the
consistency or other physical characteristics of vapor, or to facilitate
the production of vapor when such vapor product is used in an electronic
[cigarette] DEVICE. "Carrier oils" shall not include any product
approved by the United States [food and drug administration] FOOD AND
DRUG ADMINISTRATION as a drug or medical device or manufactured and
dispensed pursuant to title five-A of article thirty-three of this chap-
ter.
§ 19. This act shall take effect September 1, 2023.
PART P
Section 1. The public health law is amended by adding a new section
2825-h to read as follows:
§ 2825-H. HEALTH CARE FACILITY TRANSFORMATION PROGRAM: STATEWIDE V.
1. A STATEWIDE HEALTH CARE FACILITY TRANSFORMATION PROGRAM IS HEREBY
ESTABLISHED WITHIN THE DEPARTMENT FOR THE PURPOSE OF TRANSFORMING, REDE-
SIGNING, AND STRENGTHENING QUALITY HEALTH CARE SERVICES IN ALIGNMENT
WITH STATEWIDE AND REGIONAL HEALTH CARE NEEDS, AND IN THE ONGOING
PANDEMIC RESPONSE. THE PROGRAM SHALL ALSO PROVIDE FUNDING, SUBJECT TO
LAWFUL APPROPRIATION, IN SUPPORT OF CAPITAL PROJECTS THAT FACILITATE
FURTHERING SUCH TRANSFORMATIONAL GOALS.
2. THE COMMISSIONER SHALL ENTER INTO AN AGREEMENT WITH THE PRESIDENT
OF THE DORMITORY AUTHORITY OF THE STATE OF NEW YORK PURSUANT TO SECTION
SIXTEEN HUNDRED EIGHTY-R OF THE PUBLIC AUTHORITIES LAW, WHICH SHALL
APPLY TO THIS AGREEMENT, SUBJECT TO THE APPROVAL OF THE DIRECTOR OF THE
DIVISION OF THE BUDGET, FOR THE PURPOSES OF THE DISTRIBUTION AND ADMIN-
ISTRATION OF AVAILABLE FUNDS PURSUANT TO SUCH AGREEMENT, AND MADE AVAIL-
ABLE PURSUANT TO THIS SECTION AND APPROPRIATION. SUCH FUNDS MAY BE
AWARDED AND DISTRIBUTED BY THE DEPARTMENT FOR GRANTS TO HEALTH CARE
PROVIDERS INCLUDING BUT NOT LIMITED TO, HOSPITALS, RESIDENTIAL HEALTH
CARE FACILITIES, ADULT CARE FACILITIES LICENSED UNDER TITLE TWO OF ARTI-
CLE SEVEN OF THE SOCIAL SERVICES LAW, DIAGNOSTIC AND TREATMENT CENTERS
LICENSED OR GRANTED AN OPERATING CERTIFICATE UNDER THIS CHAPTER, CLIN-
ICS, INCLUDING BUT NOT LIMITED TO THOSE LICENSED OR GRANTED AN OPERATING
CERTIFICATE UNDER THIS CHAPTER OR THE MENTAL HYGIENE LAW, CHILDREN'S
RESIDENTIAL TREATMENT FACILITIES LICENSED UNDER ARTICLE THIRTY-ONE OF
THE MENTAL HYGIENE LAW, ASSISTED LIVING PROGRAMS APPROVED BY THE DEPART-
MENT PURSUANT TO SECTION FOUR HUNDRED SIXTY-ONE-L OF THE SOCIAL SERVICES
LAW, BEHAVIORAL HEALTH FACILITIES LICENSED OR GRANTED AN OPERATING
CERTIFICATE PURSUANT TO ARTICLES THIRTY-ONE AND THIRTY-TWO OF THE MENTAL
HYGIENE LAW, HOME CARE PROVIDERS CERTIFIED OR LICENSED UNDER ARTICLE
THIRTY-SIX OF THIS CHAPTER, PRIMARY CARE PROVIDERS, HOSPICES LICENSED OR
GRANTED AN OPERATING CERTIFICATE PURSUANT TO ARTICLE FORTY OF THIS CHAP-
TER, COMMUNITY-BASED PROGRAMS FUNDED UNDER THE OFFICE OF MENTAL HEALTH,
THE OFFICE OF ADDICTION SERVICES AND SUPPORTS, THE OFFICE FOR PEOPLE
WITH DEVELOPMENTAL DISABILITIES, OR THROUGH LOCAL GOVERNMENTAL UNITS AS
DEFINED UNDER ARTICLE FORTY-ONE OF THE MENTAL HYGIENE LAW, INDEPENDENT
PRACTICE ASSOCIATIONS OR ORGANIZATIONS, AND RESIDENTIAL FACILITIES OR
DAY PROGRAM FACILITIES LICENSED OR GRANTED AN OPERATING CERTIFICATE
UNDER ARTICLE SIXTEEN OF THE MENTAL HYGIENE LAW. A COPY OF SUCH AGREE-
MENT, AND ANY AMENDMENTS THERETO, SHALL BE PROVIDED BY THE DEPARTMENT TO
THE CHAIR OF THE SENATE FINANCE COMMITTEE, THE CHAIR OF THE ASSEMBLY
WAYS AND MEANS COMMITTEE, AND THE DIRECTOR OF THE DIVISION OF THE BUDGET
S. 4007--A 161 A. 3007--A
NO LATER THAN THIRTY DAYS AFTER SUCH AGREEMENT IS FINALIZED. PROJECTS
AWARDED, IN WHOLE OR PART, UNDER SECTIONS TWENTY-EIGHT HUNDRED TWENTY-
FIVE-A AND TWENTY-EIGHT HUNDRED TWENTY-FIVE-B OF THIS ARTICLE SHALL NOT
BE ELIGIBLE FOR GRANTS OR AWARDS MADE AVAILABLE UNDER THIS SECTION.
3. NOTWITHSTANDING SECTION ONE HUNDRED SIXTY-THREE OF THE STATE
FINANCE LAW, SECTIONS ONE HUNDRED FORTY-TWO AND ONE HUNDRED FORTY-THREE
OF THE ECONOMIC DEVELOPMENT LAW, OR ANY INCONSISTENT PROVISION OF LAW TO
THE CONTRARY, UP TO FIVE HUNDRED MILLION DOLLARS OF THE FUNDS APPROPRI-
ATED FOR THIS PROGRAM SHALL BE AWARDED, WITHOUT A COMPETITIVE BID OR
REQUEST FOR PROPOSAL PROCESS, FOR GRANTS TO HEALTH CARE PROVIDERS, AS
DEFINED IN SUBDIVISION TWO OF THIS SECTION. AWARDS MADE PURSUANT TO THIS
SUBDIVISION SHALL PROVIDE FUNDING ONLY FOR CAPITAL PROJECTS, TO THE
EXTENT LAWFUL APPROPRIATION AND FUNDING IS AVAILABLE, TO BUILD INNOVA-
TIVE, PATIENT-CENTERED MODELS OF CARE, INCREASE ACCESS TO CARE, TO
IMPROVE THE QUALITY OF CARE AND TO ENSURE FINANCIAL SUSTAINABILITY OF
HEALTH CARE PROVIDERS.
4. NOTWITHSTANDING SECTION ONE HUNDRED SIXTY-THREE OF THE STATE
FINANCE LAW, SECTIONS ONE HUNDRED FORTY-TWO AND ONE HUNDRED FORTY-THREE
OF THE ECONOMIC DEVELOPMENT LAW, OR ANY INCONSISTENT PROVISION OF LAW TO
THE CONTRARY, UP TO FIVE HUNDRED MILLION DOLLARS OF THE FUNDS APPROPRI-
ATED FOR THIS PROGRAM SHALL BE AWARDED, WITHOUT A COMPETITIVE BID OR
REQUEST FOR PROPOSAL PROCESS, FOR TECHNOLOGICAL AND TELEHEALTH TRANSFOR-
MATION PROJECTS.
5. SELECTION OF AWARDS MADE BY THE DEPARTMENT PURSUANT TO SUBDIVISIONS
THREE AND FOUR OF THIS SECTION SHALL BE CONTINGENT ON AN EVALUATION
PROCESS ACCEPTABLE TO THE COMMISSIONER AND APPROVED BY THE DIRECTOR OF
THE DIVISION OF THE BUDGET. DISBURSEMENT OF AWARDS MAY BE CONTINGENT ON
THE HEALTH CARE PROVIDER AS DEFINED IN SUBDIVISION TWO OF THIS SECTION
ACHIEVING CERTAIN PROCESS AND PERFORMANCE METRICS AND MILESTONES THAT
ARE STRUCTURED TO ENSURE THAT THE GOALS OF THE PROJECT ARE ACHIEVED.
6. THE DEPARTMENT SHALL PROVIDE A REPORT ON A QUARTERLY BASIS TO THE
CHAIRS OF THE SENATE FINANCE, ASSEMBLY WAYS AND MEANS, AND SENATE AND
ASSEMBLY HEALTH COMMITTEES, UNTIL SUCH TIME AS THE DEPARTMENT DETERMINES
THAT THE PROJECTS THAT RECEIVE FUNDING PURSUANT TO THIS SECTION ARE
SUBSTANTIALLY COMPLETE. SUCH REPORTS SHALL BE SUBMITTED NO LATER THAN
SIXTY DAYS AFTER THE CLOSE OF THE QUARTER, AND SHALL INCLUDE, FOR EACH
AWARD, THE NAME OF THE HEALTH CARE PROVIDER AS DEFINED IN SUBDIVISION
TWO OF THIS SECTION, A DESCRIPTION OF THE PROJECT OR PURPOSE, THE AMOUNT
OF THE AWARD, DISBURSEMENT DATE, AND STATUS OF ACHIEVEMENT OF PROCESS
AND PERFORMANCE METRICS AND MILESTONES PURSUANT TO SUBDIVISION FIVE OF
THIS SECTION.
§ 2. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2023.
PART Q
Section 1. Subdivision 2 of section 365-a of the social services law
is amended by adding new paragraph (kk) to read as follows:
(KK) COMMUNITY HEALTH WORKER SERVICES FOR CHILDREN UNDER AGE TWENTY-
ONE, AND FOR ADULTS WITH HEALTH-RELATED SOCIAL NEEDS, WHEN SUCH SERVICES
ARE RECOMMENDED BY A PHYSICIAN OR OTHER HEALTH CARE PRACTITIONER AUTHOR-
IZED UNDER TITLE EIGHT OF THE EDUCATION LAW, AND PROVIDED BY QUALIFIED
COMMUNITY HEALTH WORKERS, AS DETERMINED BY THE COMMISSIONER OF HEALTH;
PROVIDED, HOWEVER, THAT THE PROVISIONS OF THIS PARAGRAPH SHALL NOT TAKE
EFFECT UNLESS ALL NECESSARY APPROVALS UNDER FEDERAL LAW AND REGULATION
HAVE BEEN OBTAINED TO RECEIVE FEDERAL FINANCIAL PARTICIPATION IN THE
S. 4007--A 162 A. 3007--A
COSTS OF HEALTH CARE SERVICES PROVIDED PURSUANT TO THIS PARAGRAPH.
NOTHING IN THIS PARAGRAPH SHALL BE CONSTRUED TO MODIFY ANY LICENSURE,
CERTIFICATION OR SCOPE OF PRACTICE PROVISION UNDER TITLE EIGHT OF THE
EDUCATION LAW.
§ 2. Clause (C) of subparagraph (ii) of paragraph (f) of subdivision
2-a of section 2807 of the public health law, as amended by section 43
of part B of chapter 58 of the laws of 2010, is amended to read as
follows:
(C) [individual psychotherapy] services provided by licensed social
workers, LICENSED MENTAL HEALTH COUNSELORS AND LICENSED MARRIAGE AND
FAMILY THERAPISTS, in accordance with licensing criteria set forth in
applicable regulations[, to persons under the age of twenty-one and to
persons requiring such services as a result of or related to pregnancy
or giving birth]; and
§ 3. This act shall take effect January 1, 2024.
PART R
Section 1. Subdivision 2 of section 365-a of the social services law
is amended by adding two new paragraphs (kk) and (ll) to read as
follows:
(KK) CARE AND SERVICES OF NUTRITIONISTS AND DIETITIANS CERTIFIED
PURSUANT TO ARTICLE ONE HUNDRED FIFTY-SEVEN OF THE EDUCATION LAW ACTING
WITHIN THEIR SCOPE OF PRACTICE.
(LL) CHRONIC DISEASE SELF-MANAGEMENT PROGRAM FOR PERSONS DIAGNOSED
WITH ARTHRITIS WHEN SUCH SERVICES ARE ORDERED BY A PHYSICIAN, REGISTERED
PHYSICIAN'S ASSISTANT, REGISTERED NURSE PRACTITIONER, OR LICENSED
MIDWIFE AND PROVIDED BY QUALIFIED EDUCATORS, AS DETERMINED BY THE
COMMISSIONER OF HEALTH, WHO IS AFFILIATED WITH AN ORGANIZATION DELIVER-
ING THE PROGRAM UNDER SELF-MANAGEMENT RESOURCE CENTER LICENSURE, OR A
SUCCESSOR NATIONAL ORGANIZATION, PROVIDED, HOWEVER, THAT THE PROVISIONS
OF THIS PARAGRAPH SHALL NOT APPLY UNLESS ALL NECESSARY APPROVALS UNDER
FEDERAL LAW AND REGULATION HAVE BEEN OBTAINED TO RECEIVE FEDERAL FINAN-
CIAL PARTICIPATION IN THE COSTS OF HEALTH CARE SERVICES PROVIDED PURSU-
ANT TO THIS PARAGRAPH. NOTHING IN THIS PARAGRAPH SHALL BE CONSTRUED TO
MODIFY ANY LICENSURE, CERTIFICATION OR SCOPE OF PRACTICE PROVISION UNDER
TITLE EIGHT OF THE EDUCATION LAW.
§ 2. Clause (A) of subparagraph (ii) of paragraph (f) of subdivision
2-a of section 2807 of the public health law, as amended by section 43
of part B of chapter 58 of the laws of 2010, is amended to read as
follows:
(A) services provided in accordance with the provisions of paragraphs
(q) [and], (r), AND (LL) of subdivision two of section three hundred
sixty-five-a of the social services law; and
§ 3. This act shall take effect July 1, 2023; provided, however, that
paragraph (ll) of subdivision 2 of section 365-a of the social services
law added by section one of this act and section two of this act, shall
take effect October 1, 2023.
PART S
Section 1. Subdivision 1 of section 3001 of the public health law, as
amended by chapter 804 of the laws of 1992, is amended to read as
follows:
1. "Emergency medical service" means [initial emergency medical
assistance including, but not limited to, the treatment of trauma,
S. 4007--A 163 A. 3007--A
burns, respiratory, circulatory and obstetrical emergencies] A COORDI-
NATED SYSTEM OF HEALTHCARE DELIVERY THAT RESPONDS TO THE NEEDS OF SICK
AND INJURED ADULTS AND CHILDREN, BY PROVIDING: ESSENTIAL CARE AT THE
SCENE OF AN EMERGENCY, NON-EMERGENCY, SPECIALTY NEED OR PUBLIC EVENT;
COMMUNITY EDUCATION AND PREVENTION PROGRAMS; MOBILE INTEGRATED HEALTH-
CARE PROGRAMS; GROUND AND AIR AMBULANCE SERVICES; CENTRALIZED ACCESS AND
EMERGENCY MEDICAL DISPATCH; TRAINING FOR EMERGENCY MEDICAL SERVICES
PRACTITIONERS; MEDICAL FIRST RESPONSE; MOBILE TRAUMA CARE SYSTEMS; MASS
CASUALTY MANAGEMENT; MEDICAL DIRECTION; OR QUALITY CONTROL AND SYSTEM
EVALUATION PROCEDURES.
§ 2. Section 3002 of the public health law is amended by adding a new
subdivision 1-a to read as follows:
1-A. THE STATE EMERGENCY MEDICAL SERVICES COUNCIL SHALL ADVISE AND
ASSIST THE COMMISSIONER ON SUCH ISSUES AS THE COMMISSIONER MAY REQUIRE
RELATED TO THE PROVISION OF EMERGENCY MEDICAL SERVICE, SPECIALTY CARE,
DESIGNATED FACILITY CARE, AND DISASTER MEDICAL CARE. THIS SHALL
INCLUDE, BUT SHALL NOT BE LIMITED TO, THE RECOMMENDATION, PERIODIC
REVISION, AND APPLICATION OF RULES AND REGULATIONS, APPROPRIATENESS
REVIEW STANDARDS, TREATMENT PROTOCOLS, WORKFORCE DEVELOPMENT, AND QUALI-
TY IMPROVEMENT STANDARDS. THE STATE EMERGENCY MEDICAL SERVICES COUNCIL
SHALL MEET AT LEAST THREE TIMES PER YEAR OR MORE FREQUENTLY AT THE
REQUEST OF THE CHAIRPERSON OR DEPARTMENT AND APPROVED BY THE COMMISSION-
ER.
§ 2-a. Subdivision 1 of section 3002-a of the public health law, as
amended by chapter 567 of the laws of 2011, is amended to read as
follows:
1. There shall be a state emergency medical advisory committee of the
state emergency medical services council consisting of thirty-one
members. Twenty-three members shall be physicians appointed by the
commissioner, including one [nominated by] MEMBER FROM each regional
emergency medical services council, an additional physician from the
city of New York, one pediatrician, one trauma surgeon, one [psychia-
trist] PHYSICIAN AT LARGE and the chairperson. Each of the physicians
shall have demonstrated knowledge and experience in emergency medical
services. There shall be eight non-physician non-voting members
appointed by the chairperson of the state council, at least five of whom
shall be members of the state emergency medical services council at the
time of their appointment. At least one of the eight shall be an emer-
gency nurse, at least one shall be an advanced emergency medical techni-
cian, at least one shall be a basic emergency medical technician, and at
least one shall be employed in a hospital setting with administrative
responsibility for a hospital emergency department or service.
§ 3. Section 3003 of the public health law is amended by adding a new
subdivision 1-a to read as follows:
1-A. EACH REGIONAL EMERGENCY MEDICAL SERVICES COUNCIL SHALL ADVISE THE
STATE EMERGENCY MEDICAL SERVICES COUNCIL AND DEPARTMENT ON SUCH ISSUES
AS THE STATE EMERGENCY MEDICAL SERVICES COUNCIL OR DEPARTMENT MAY
REQUIRE, RELATED TO THE PROVISION OF EMERGENCY MEDICAL SERVICE, SPECIAL-
TY CARE, DESIGNATED FACILITY CARE, AND DISASTER MEDICAL CARE, AND SHALL
CARRY OUT DUTIES TO ASSIST IN THE REGIONAL COORDINATION OF SUCH, AS
OUTLINED BY THE STATE EMERGENCY MEDICAL SERVICES COUNCIL WITH APPROVAL
OF THE DEPARTMENT.
§ 4. The public health law is amended by adding a new section 3004 to
read as follows:
§ 3004. EMERGENCY MEDICAL SERVICES SYSTEM AND AGENCY PERFORMANCE STAN-
DARDS. 1. THE STATE EMERGENCY MEDICAL SERVICES COUNCIL, IN COLLABORATION
S. 4007--A 164 A. 3007--A
AND WITH FINAL APPROVAL OF THE DEPARTMENT, SHALL CREATE AN EMERGENCY
MEDICAL SERVICES SYSTEM AND AGENCY PERFORMANCE STANDARDS (HEREINAFTER
REFERRED TO AS "PERFORMANCE STANDARDS") FOR THE PURPOSE OF SUSTAINING
AND EVOLVING A RELIABLE EMERGENCY MEDICAL SERVICES SYSTEM INCLUDING BUT
NOT LIMITED TO EMERGENCY MEDICAL SERVICES AGENCIES AND ANY FACILITY OR
AGENCY THAT DISPATCHES OR ACCEPTS EMERGENCY MEDICAL SERVICES RESOURCES.
2. THE PERFORMANCE STANDARDS MAY INCLUDE BUT SHALL NOT BE LIMITED TO:
SAFETY INITIATIVES, EMERGENCY VEHICLE OPERATIONS, OPERATIONAL COMPETEN-
CIES, PLANNING, TRAINING, ONBOARDING, WORKFORCE DEVELOPMENT AND ENGAGE-
MENT, SURVEY RESPONSES, LEADERSHIP AND OTHER STANDARDS AND METRICS AS
DETERMINED BY THE STATE EMERGENCY MEDICAL SERVICES COUNCIL, WITH
APPROVAL OF THE DEPARTMENT, TO PROMOTE POSITIVE PATIENT OUTCOMES, SAFE-
TY, PROVIDER RETENTION AND EMERGENCY MEDICAL SERVICES SYSTEM SUSTAINA-
BILITY THROUGHOUT THE STATE.
3. THE PERFORMANCE STANDARDS SHALL REQUIRE EACH EMERGENCY MEDICAL
SERVICES AGENCY, DISPATCH AGENCY OR FACILITY THAT ACCEPTS EMERGENCY
MEDICAL SERVICES RESOURCES TO PERFORM REGULAR AND PERIODIC REVIEW OF THE
PERFORMANCE STANDARDS AND ITS METRICS, PERFORM SURVEYS, IDENTIFICATION
OF AGENCY DEFICIENCIES AND STRENGTHS, DEVELOPMENT OF PROGRAMS TO IMPROVE
AGENCY METRICS, STRENGTHEN SYSTEM SUSTAINABILITY AND OPERATIONS, AND
IMPROVE THE DELIVERY OF PATIENT CARE.
4. THE DEPARTMENT, AFTER CONSULTATION WITH THE STATE EMERGENCY MEDICAL
SERVICES COUNCIL, MAY CONTRACT FOR SERVICES WITH SUBJECT MATTER EXPERTS
TO ASSIST IN THE OVERSIGHT OF THE PERFORMANCE STANDARDS STATEWIDE.
5. EMERGENCY MEDICAL SERVICES AGENCIES THAT DO NOT MEET THE PERFORM-
ANCE STANDARDS SET FORTH IN THIS SECTION MAY BE SUBJECT TO ENFORCEMENT
ACTIONS, INCLUDING BUT NOT LIMITED TO REVOCATION, SUSPENSION, PERFORM-
ANCE IMPROVEMENT PLANS, OR RESTRICTION FROM SPECIFIC TYPES OF RESPONSE
INCLUDING BUT NOT LIMITED TO SUSPENSION OF ABILITY TO RESPOND TO
REQUESTS FOR EMERGENCY MEDICAL ASSISTANCE OR TO PERFORM EMERGENCY
MEDICAL SERVICES.
§ 5. The public health law is amended by adding a new section 3018 to
read as follows:
§ 3018. STATEWIDE COMPREHENSIVE EMERGENCY MEDICAL SERVICE SYSTEM PLAN.
1. THE STATE EMERGENCY MEDICAL SERVICES COUNCIL, IN COLLABORATION AND
WITH FINAL APPROVAL OF THE DEPARTMENT, SHALL DEVELOP AND MAINTAIN A
STATEWIDE COMPREHENSIVE EMERGENCY MEDICAL SERVICE SYSTEM PLAN THAT SHALL
PROVIDE FOR A COORDINATED EMERGENCY MEDICAL SERVICES SYSTEM IN NEW YORK
STATE, INCLUDING BUT NOT LIMITED TO:
(A) ESTABLISHING A COMPREHENSIVE STATEWIDE EMERGENCY MEDICAL SERVICE
SYSTEM, CONSISTING OF FACILITIES, TRANSPORTATION, WORKFORCE, COMMUNI-
CATIONS, AND OTHER COMPONENTS, TO IMPROVE THE DELIVERY OF EMERGENCY
MEDICAL SERVICES AND THEREBY DECREASE MORBIDITY, HOSPITALIZATION, DISA-
BILITY, AND MORTALITY;
(B) IMPROVING THE ACCESSIBILITY OF HIGH-QUALITY EMERGENCY MEDICAL
SERVICE;
(C) COORDINATING PROFESSIONAL MEDICAL ORGANIZATIONS, HOSPITALS, AND
OTHER PUBLIC AND PRIVATE AGENCIES IN DEVELOPING ALTERNATIVE DELIVERY
MODELS WHEREBY PERSONS WHO ARE PRESENTLY USING THE EXISTING EMERGENCY
DEPARTMENT FOR ROUTINE, NONURGENT, AND PRIMARY MEDICAL CARE WILL BE
SERVED APPROPRIATELY; AND
(D) CONDUCTING, PROMOTING, AND ENCOURAGING PROGRAMS OF EDUCATION AND
TRAINING DESIGNED TO UPGRADE THE KNOWLEDGE AND SKILLS OF EMERGENCY
MEDICAL SERVICE PRACTITIONERS TRAINING THROUGHOUT NEW YORK STATE WITH
EMPHASIS ON REGIONS WITH LIMITED ACCESS TO EMERGENCY MEDICAL SERVICES
TRAINING.
S. 4007--A 165 A. 3007--A
2. THE STATEWIDE COMPREHENSIVE EMERGENCY MEDICAL SERVICE SYSTEM PLAN
SHALL BE REVIEWED, UPDATED IF NECESSARY, AND PUBLISHED EVERY FIVE YEARS
ON THE DEPARTMENT'S WEBSITE, OR AT SUCH TIMES AS MAY BE NECESSARY TO
IMPROVE THE EFFECTIVENESS AND EFFICIENCY OF THE STATE'S EMERGENCY
MEDICAL SERVICE SYSTEM.
3. EACH REGIONAL EMERGENCY MEDICAL SERVICES COUNCIL SHALL DEVELOP AND
MAINTAIN A COMPREHENSIVE REGIONAL EMERGENCY MEDICAL SERVICE SYSTEM PLAN
OR ADOPT THE STATEWIDE COMPREHENSIVE EMERGENCY MEDICAL SERVICE SYSTEM
PLAN, TO PROVIDE FOR A COORDINATED EMERGENCY MEDICAL SERVICE SYSTEM
WITHIN THE REGION. SUCH PLANS SHALL BE WRITTEN IN A FORMAT APPROVED BY
THE STATE EMERGENCY MEDICAL SERVICES COUNCIL. FURTHER, SUCH PLANS SHALL
BE SUBJECT TO REVIEW AND APPROVAL BY THE STATE EMERGENCY MEDICAL
SERVICES COUNCIL AND FINAL APPROVAL BY THE DEPARTMENT.
4. EACH COUNTY SHALL DEVELOP AND MAINTAIN A COMPREHENSIVE COUNTY EMER-
GENCY MEDICAL SERVICE SYSTEM PLAN THAT SHALL PROVIDE FOR A COORDINATED
EMERGENCY MEDICAL SERVICE SYSTEM WITHIN THE COUNTY, TO PROVIDE ESSENTIAL
EMERGENCY MEDICAL SERVICES FOR ALL RESIDENTS WITHIN THE COUNTY. SUCH
PLAN SHALL BE WRITTEN IN A FORMAT APPROVED BY THE STATE EMERGENCY
MEDICAL SERVICES COUNCIL. THE COUNTY OFFICE OF EMERGENCY MEDICAL
SERVICES SHALL BE RESPONSIBLE FOR THE DEVELOPMENT, IMPLEMENTATION, AND
MAINTENANCE OF THE COMPREHENSIVE COUNTY EMERGENCY MEDICAL SERVICE SYSTEM
PLAN. SUCH PLANS, AS DETERMINED BY THE DEPARTMENT AND THE STATE EMER-
GENCY MEDICAL SERVICES COUNCIL, MAY REQUIRE REVIEW AND APPROVAL BY THE
REGIONAL EMERGENCY MEDICAL SERVICES COUNCIL, THE STATE EMERGENCY MEDICAL
SERVICES COUNCIL AND THE DEPARTMENT. SUCH PLAN SHALL OUTLINE THE
PRIMARY RESPONDING EMERGENCY MEDICAL SERVICES AGENCY FOR REQUESTS FOR
SERVICE FOR EACH PART OF THE COUNTY.
§ 6. The public health law is amended by adding a new section 3019 to
read as follows:
§ 3019. EMERGENCY MEDICAL SERVICE TRAINING PROGRAMS. 1. THE STATE
EMERGENCY MEDICAL SERVICES COUNCIL SHALL MAKE RECOMMENDATIONS TO THE
DEPARTMENT FOR THE DEPARTMENT TO IMPLEMENT STANDARDS RELATED TO THE
ESTABLISHMENT OF TRAINING PROGRAMS FOR EMERGENCY MEDICAL SERVICE SYSTEMS
THAT INCLUDES BUT IS NOT LIMITED TO STUDENTS, EMERGENCY MEDICAL SERVICE
PRACTITIONERS, EMERGENCY MEDICAL SERVICES AGENCIES, APPROVED EDUCATIONAL
INSTITUTIONS, GEOGRAPHIC AREAS, FACILITIES, AND PERSONNEL, AND THE
COMMISSIONER SHALL FUND SUCH TRAINING PROGRAMS IN FULL OR IN PART BASED
ON STATE APPROPRIATIONS. UNTIL SUCH TIME AS THE DEPARTMENT ANNOUNCES THE
STANDARDS FOR TRAINING PROGRAMS PURSUANT TO THIS SECTION, ALL CURRENT
STANDARDS, CURRICULUMS, AND REQUIREMENTS FOR STUDENTS, EMERGENCY MEDICAL
SERVICE PRACTITIONERS, AGENCIES, FACILITIES, AND PERSONNEL SHALL REMAIN
IN EFFECT.
2. THE STATE EMERGENCY MEDICAL SERVICES COUNCIL, WITH FINAL APPROVAL
OF THE DEPARTMENT, SHALL ESTABLISH MINIMUM EDUCATION STANDARDS, CURRIC-
ULUMS, PERFORMANCE METRICS AND REQUIREMENTS FOR ALL EMERGENCY MEDICAL
SYSTEM EDUCATIONAL INSTITUTIONS. NO PERSON OR EDUCATIONAL INSTITUTION
SHALL PROFESS TO PROVIDE EMERGENCY MEDICAL SERVICES TRAINING WITHOUT
MEETING THE REQUIREMENTS SET FORTH IN REGULATION AND ONLY AFTER APPROVAL
OF THE DEPARTMENT AND IN THE GEOGRAPHICAL AREA DETERMINED BY THE DEPART-
MENT.
3. THE DEPARTMENT IS AUTHORIZED TO PROVIDE, EITHER DIRECTLY OR THROUGH
CONTRACT, FOR LOCAL OR STATEWIDE INITIATIVES, EMERGENCY MEDICAL SYSTEM
TRAINING FOR EMERGENCY MEDICAL SERVICE PRACTITIONERS AND EMERGENCY
MEDICAL SERVICES AGENCY PERSONNEL, USING FUNDING INCLUDING BUT NOT
LIMITED TO ALLOCATIONS TO AID TO LOCALITIES FOR EMERGENCY MEDICAL
SERVICES TRAINING.
S. 4007--A 166 A. 3007--A
4. THE DEPARTMENT MAY VISIT AND INSPECT ANY EMERGENCY MEDICAL SYSTEM
TRAINING PROGRAM OR TRAINING CENTER OPERATING UNDER THIS ARTICLE TO
ENSURE COMPLIANCE WITH ALL APPLICABLE REGULATIONS AND STANDARDS. THE
DEPARTMENT MAY REQUEST THE STATE OR REGIONAL EMERGENCY MEDICAL SERVICES
COUNCIL'S ASSISTANCE TO ENSURE THE COMPLIANCE, MAINTENANCE, AND COORDI-
NATION OF TRAINING PROGRAMS. THE DEPARTMENT, IN CONSULTATION WITH THE
STATE EMERGENCY MEDICAL SERVICES COUNCIL, MAY SET STANDARDS AND REGU-
LATIONS FOR EMERGENCY MEDICAL SERVICES EDUCATIONAL INSTITUTIONS. EMER-
GENCY MEDICAL SERVICES EDUCATIONAL INSTITUTIONS THAT FAIL TO MEET APPLI-
CABLE STANDARDS AND REGULATIONS MAY BE SUBJECT TO ENFORCEMENT ACTION,
INCLUDING BUT NOT LIMITED TO REVOCATION, SUSPENSION, PERFORMANCE
IMPROVEMENT PLANS, OR RESTRICTION FROM SPECIFIC TYPES OF EDUCATION.
5. STUDENTS OF AN EMERGENCY MEDICAL SERVICES EDUCATIONAL INSTITUTION
AUTHORIZED PURSUANT TO THIS SECTION, SHALL BE CONSIDERED EMERGENCY
MEDICAL SERVICES STUDENTS AND SUBJECT TO THE STANDARDS ESTABLISHED IN
THIS ARTICLE, REGULATIONS PROMULGATED PURSUANT TO THIS ARTICLE AND ALL
APPLICABLE STANDARDS, AS IF THEY WERE A LICENSED EMERGENCY MEDICAL
SERVICES PRACTITIONER AND MAY BE SUBJECT TO ENFORCEMENT ACTION AS SUCH.
§ 7. Section 3012 of the public health law is amended by adding a new
subdivision 5 to read as follows:
5. IT SHALL BE A VIOLATION OF THIS CHAPTER, SUBJECT TO CIVIL PENAL-
TIES, FOR ANY PERSON TO HOLD THEMSELVES OUT AS AN EMERGENCY MEDICAL
SERVICES PRACTITIONER WHO IS NOT DESIGNATED BY THE DEPARTMENT PURSUANT
TO THIS ARTICLE OR OTHERWISE LAWFULLY AUTHORIZED, TO PROVIDE EMERGENCY
MEDICAL SERVICES, OR TO ATTEMPT TO BECOME AN EMERGENCY MEDICAL PRACTI-
TIONER IN AN UNLAWFUL OR UNETHICAL MANNER.
§ 8. The public health law is amended by adding a new section 3020 to
read as follows:
§ 3020. RECRUITMENT AND RETENTION. 1. THE COMMISSIONER SHALL ESTAB-
LISH AND FUND WITHIN AMOUNTS APPROPRIATED, A PUBLIC SERVICE CAMPAIGN TO
RECRUIT ADDITIONAL PERSONNEL INTO THE EMERGENCY MEDICAL SYSTEM FIELDS.
2. THE COMMISSIONER SHALL ESTABLISH AND FUND WITHIN AMOUNTS APPROPRI-
ATED AN EMERGENCY MEDICAL SYSTEM MENTAL HEALTH AND WELLNESS PROGRAM THAT
PROVIDES RESOURCES TO EMERGENCY MEDICAL SERVICE PRACTITIONERS.
3. THE COMMISSIONER MAY ESTABLISH IN REGULATION STANDARDS FOR THE
LICENSURE OF EMERGENCY MEDICAL SERVICES PRACTITIONERS BY THE DEPARTMENT
OF HEALTH.
4. THE DEPARTMENT, WITH THE APPROVAL OF THE STATE EMERGENCY MEDICAL
SERVICES COUNCIL, MAY CREATE OR ADOPT ADDITIONAL STANDARDS, TRAINING,
AND CRITERIA TO BECOME AN EMERGENCY MEDICAL SERVICE PRACTITIONER CREDEN-
TIALED TO PROVIDE SPECIALIZED, ADVANCED, OR OTHER SERVICES THAT FURTHER
SUPPORT OR ADVANCE THE EMERGENCY MEDICAL SYSTEM. THE DEPARTMENT, WITH
APPROVAL OF THE STATE EMERGENCY MEDICAL SERVICES COUNCIL MAY ALSO SET
STANDARDS AND REQUIREMENTS TO REQUIRE SPECIALIZED CREDENTIALS TO PERFORM
CERTAIN FUNCTIONS IN THE EMERGENCY MEDICAL SERVICES SYSTEM.
5. THE DEPARTMENT, WITH APPROVAL OF THE STATE EMERGENCY MEDICAL
SERVICES COUNCIL MAY ALSO SET STANDARDS FOR EMERGENCY MEDICAL SYSTEM
AGENCIES TO BECOME ACCREDITED IN A SPECIFIC AREA TO INCREASE SYSTEM
PERFORMANCE AND AGENCY RECOGNITION.
§ 9. Section 3008 of the public health law is REPEALED and a new
section 3008 is added to read as follows:
§ 3008. APPLICATIONS FOR NEW OR MODIFIED OPERATING AUTHORITY. 1. EVERY
APPLICATION FOR NEW OR MODIFIED OPERATING AUTHORITY SHALL BE MADE IN
WRITING TO THE STATE EMERGENCY MEDICAL SERVICES COUNCIL AND SHALL SPECI-
FY THE PRIMARY TERRITORY WITHIN WHICH THE APPLICANT REQUESTS TO OPERATE,
BE VERIFIED UNDER OATH, AND SHALL BE IN SUCH FORM AND CONTAIN SUCH
S. 4007--A 167 A. 3007--A
INFORMATION AS REQUIRED BY THE RULES AND REGULATIONS PROMULGATED PURSU-
ANT TO THIS ARTICLE.
2. NOTICE OF THE APPLICATION SHALL BE FORWARDED TO THE APPROPRIATE
REGIONAL EMERGENCY MEDICAL SERVICES COUNCIL.
3. ALL DETERMINATIONS OF NEW OR MODIFIED OPERATING AUTHORITY SHALL BE
MADE BY THE STATE EMERGENCY MEDICAL SERVICES COUNCIL AND SHALL BE
CONSISTENT WITH THE STATE EMERGENCY MEDICAL SYSTEM PLAN, ONCE ESTAB-
LISHED PURSUANT TO SECTION THREE THOUSAND EIGHTEEN OF THIS ARTICLE. THE
DEPARTMENT MAY PROMULGATE REGULATIONS TO PROVIDE FOR STANDARDS FOR EVAL-
UATION OF NEW OR MODIFIED OPERATING AUTHORITY, AND THE PROCESS FOR
DETERMINATION OF OPERATING AUTHORITY SHALL BE APPROVED BY THE STATE
EMERGENCY MEDICAL SERVICES COUNCIL AND CARRIED OUT THEREAFTER.
4. THE STATE EMERGENCY MEDICAL SERVICES COUNCIL MAY CREATE A NEW
COMMITTEE TO HEAR AND MAKE DETERMINATIONS ON ALL REQUESTS FOR NEW OR
MODIFIED OPERATING AUTHORITY. SUCH COMMITTEE SHALL BE COMPRISED OF ONE
STATE EMERGENCY MEDICAL COUNCIL MEMBER FROM EACH REGIONAL EMERGENCY
MEDICAL SERVICES COUNCIL.
5. IF THE STATE EMERGENCY MEDICAL SERVICES COUNCIL PROPOSES TO DISAP-
PROVE AN APPLICATION UNDER THIS SECTION, IT SHALL AFFORD THE APPLICANT
AN OPPORTUNITY TO REQUEST A PUBLIC HEARING. THE STATE EMERGENCY MEDICAL
SERVICES COUNCIL MAY HOLD A PUBLIC HEARING ON THE APPLICATION ON ITS OWN
MOTION. ANY PUBLIC HEARING HELD PURSUANT TO THIS SUBDIVISION MAY BE
CONDUCTED BY THE STATE EMERGENCY MEDICAL SERVICES COUNCIL, OR BY ANY
INDIVIDUAL DESIGNATED BY THE STATE EMERGENCY MEDICAL SERVICES COUNCIL.
6. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISIONS ONE AND THREE OF
THIS SECTION, DURING AN EMERGENCY THE COMMISSIONER MAY WAIVE THE
REQUIREMENT FOR A DETERMINATION OF OPERATING AUTHORITY AND ISSUE A
TEMPORARY EMERGENCY MEDICAL SYSTEM AGENCY CERTIFICATE.
7. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISIONS ONE AND THREE OF
THIS SECTION, THE COMMISSIONER MAY WAIVE THE REQUIREMENT FOR A DETERMI-
NATION OF OPERATING AUTHORITY AND ISSUE A MUNICIPALITY, SPECIAL TAXING
DISTRICT, GOVERNMENT AGENCY OR NATIVE AMERICAN TRIBAL COUNCIL, AN EMER-
GENCY MEDICAL SYSTEM AGENCY CERTIFICATE, PROVIDED THE ISSUANCE OF SUCH
CERTIFICATE IS FINANCIALLY SUPPORTED BY THE MUNICIPALITY, SPECIAL TAXING
DISTRICT, GOVERNMENT AGENCY OR NATIVE AMERICAN TRIBAL COUNCIL.
§ 10. Section 3032 of the public health law is REPEALED.
§ 11. The public health law is amended by adding six new sections
3032, 3033, 3034, 3035, 3036 and 3037 to read as follows:
§ 3032. MOBILE INTEGRATED HEALTHCARE. 1. "MOBILE INTEGRATED HEALTH-
CARE" MEANS THE PROVISION OF PATIENT-CENTERED MOBILE RESOURCES WHICH
INCLUDES A WELL-ORGANIZED SYSTEM OF SERVICES TO ADDRESS HEALTHCARE GAPS
AND DECREASE DEMAND ON PORTIONS OF THE HEALTHCARE SYSTEM IDENTIFIED BY A
COMMUNITY NEEDS ASSESSMENT, INTEGRATED INTO THE LOCAL HEALTHCARE SYSTEM
WORKING IN A COLLABORATIVE MANNER AS A PATIENT CARE TEAM THAT MAY
INCLUDE, BUT NOT LIMITED TO, PHYSICIANS, MID-LEVEL PRACTITIONERS, NURS-
ES, HOME CARE AGENCIES, EMERGENCY MEDICAL SERVICES PRACTITIONERS, EMER-
GENCY MEDICAL SERVICES AGENCIES AND OTHER COMMUNITY HEALTH TEAM
COLLEAGUES, TO MEET THE NEEDS OF THE COMMUNITY.
2. EMERGENCY MEDICAL SERVICE AGENCIES MAY ESTABLISH A MOBILE INTE-
GRATED HEALTHCARE PROGRAM, PROVIDED THEY MEET ALL STANDARDS ESTABLISHED
BY THE DEPARTMENT, THAT THE DELIVERY OF SUCH SERVICES IN FULL OR IN PART
WILL NOT DECREASE THE AGENCY'S ABILITY TO RESPOND TO REQUESTS FOR EMER-
GENCY ASSISTANCE AND THE AGENCY RECEIVES EXPRESS APPROVAL FROM THE
DEPARTMENT. THE DEPARTMENT MAY REVOKE OR SUSPEND AN EMERGENCY MEDICAL
SERVICE AGENCY'S APPROVAL TO PROVIDE A MOBILE INTEGRATED HEALTHCARE
PROGRAM IF THE DEPARTMENT FINDS THAT ONE OR MORE STANDARDS ESTABLISHED
S. 4007--A 168 A. 3007--A
BY THE DEPARTMENT HAVE NOT BEEN MET. THE DEPARTMENT, IN COLLABORATION
WITH THE STATE EMERGENCY MEDICAL SERVICES COUNCIL, SHALL ESTABLISH
CRITERIA AND STANDARDS FOR THE OPERATION OF MOBILE INTEGRATED HEALTHCARE
PROGRAMS AND MOBILE INTEGRATED HEALTHCARE PROGRAMS SHALL ADHERE TO SUCH
CRITERIA AND STANDARDS.
3. NOTWITHSTANDING SECTIONS SIXTY-FIVE HUNDRED TWENTY-ONE AND SIXTY-
NINE HUNDRED TWO OF THE EDUCATION LAW, AN EMERGENCY MEDICAL SERVICES
PRACTITIONER, LICENSED PURSUANT TO THIS ARTICLE, SHALL BE AUTHORIZED TO
ADMINISTER IMMUNIZATIONS PURSUANT TO A PATIENT SPECIFIC OR NON-PATIENT
SPECIFIC STANDING REGIMEN ORDERED BY A LICENSED PHYSICIAN AND PURSUANT
TO PROTOCOLS ADOPTED BY THE STATE EMERGENCY MEDICAL SERVICES COUNCIL AND
ANY STANDARDS ESTABLISHED BY THE DEPARTMENT.
4. NOTWITHSTANDING SECTIONS SIXTY-FIVE HUNDRED TWENTY-ONE AND SIXTY-
NINE HUNDRED TWO OF THE EDUCATION LAW, AN EMERGENCY MEDICAL SERVICES
PRACTITIONER, LICENSED PURSUANT TO THIS ARTICLE, MAY BE AUTHORIZED BY
THE DEPARTMENT TO ADMINISTER BUPRENORPHINE PURSUANT TO A NON-PATIENT
SPECIFIC STANDING REGIMEN ORDERED BY A LICENSED PHYSICIAN AND PURSUANT
TO PROTOCOLS ADOPTED BY THE STATE EMERGENCY MEDICAL SERVICES COUNCIL AND
ANY STANDARDS ESTABLISHED BY THE DEPARTMENT.
§ 3033. REGIONAL EMERGENCY MEDICAL SERVICE DISTRICT. 1. A "REGIONAL
EMERGENCY MEDICAL SERVICE DISTRICT" MEANS A SPECIAL DISTRICT AS DEFINED
IN SUBDIVISION SIXTEEN OF SECTION ONE HUNDRED TWO OF THE REAL PROPERTY
TAX LAW CREATED FOR THE PURPOSE OF ENSURING THE ESSENTIAL SERVICES OF
EMERGENCY MEDICAL CARE, COORDINATING THE EMERGENCY MEDICAL SYSTEM WITHIN
THE DISTRICT AND PROVIDING WHEN NEEDED EMERGENCY MEDICAL SERVICES ON A
REGIONAL BASIS EITHER DIRECTLY OR THROUGH CONTRACT WITH BUT NOT LIMITED
TO TOWNS, COUNTIES, MUNICIPALITIES, LICENSED AMBULANCE AND FIRST
RESPONSE AGENCIES, AIR MEDICAL PROVIDERS AND OTHERS AS DETERMINED BY THE
DISTRICT COUNCIL. THERE SHALL BE TEN REGIONAL SERVICE DISTRICTS WHICH
WILL CORRESPOND TO ECONOMIC DEVELOPMENT REGIONS AS ESTABLISHED IN
SECTION TWO HUNDRED THIRTY OF THE ECONOMIC DEVELOPMENT LAW THAT ARE
ESTABLISHED IN ALL AREAS OF THE STATE AND OPERATE UNDER THE DIRECTION OF
THE DEPARTMENT.
2. A GROUP OF FIVE EMERGENCY MEDICAL SERVICE PROVIDERS IN EACH REGION,
WITH NOMINATIONS MADE FROM ANYONE IN THE DISTRICT AND APPOINTMENT BY THE
COMMISSIONER, SHALL ACT AS A COUNCIL TO DIRECT THE OPERATIONS OF THE
EMERGENCY MEDICAL SERVICES SYSTEM IN THEIR REGION. NO LESS THAN ONE
MEMBER OF THE COUNCIL SHALL BE A LICENSED PHYSICIAN WHO IS BOARD CERTI-
FIED IN EMERGENCY MEDICINE OR EMERGENCY MEDICAL SERVICES AND HAS EXPERI-
ENCE WORKING WITH EMERGENCY MEDICAL SERVICES ORGANIZATIONS, UNLESS
OTHERWISE DETERMINED BY THE COMMISSIONER. THE DEPARTMENT SHALL ESTABLISH
TERM LIMITS IN REGULATION.
3. AN EMERGENCY MEDICAL SERVICE PRACTITIONER, NOMINATED BY THE
REGIONAL EMERGENCY MEDICAL SERVICE DISTRICT COUNCIL AND APPOINTED BY THE
COMMISSIONER, SHALL BE THE REGIONAL EMERGENCY MEDICAL SERVICE DISTRICT
DIRECTOR AND SHALL BE CHARGED WITH CARRYING OUT THE ADMINISTRATION OF
THE REGIONAL EMERGENCY MEDICAL SERVICE DISTRICT WHEN THE COUNCIL IS NOT
IN SESSION.
4. A PHYSICIAN BOARD CERTIFIED IN EMERGENCY MEDICINE OR EMERGENCY
MEDICAL SERVICES AND WHO HAS EXPERIENCE WORKING WITH EMERGENCY MEDICAL
SERVICES ORGANIZATIONS, NOMINATED BY THE REGIONAL EMERGENCY MEDICAL
SERVICE DISTRICT COUNCIL AND APPOINTED BY THE COMMISSIONER, SHALL BE THE
REGIONAL EMERGENCY MEDICAL SERVICES MEDICAL DIRECTOR. THE REGIONAL EMER-
GENCY MEDICAL SERVICES MEDICAL DIRECTOR SHALL REPORT TO THE DISTRICT
DIRECTOR OR THEIR DESIGNEE, AND SHALL BE CHARGED WITH PROVIDING MEDICAL
S. 4007--A 169 A. 3007--A
DIRECTION OVERSIGHT AND QUALITY ASSURANCE TO THE REGIONAL EMERGENCY
MEDICAL SERVICE DISTRICT.
5. THE REGIONAL EMERGENCY MEDICAL SERVICES DISTRICTS SHALL OPERATE
UNDER THE DIRECTION AND OVERSIGHT OF THE DEPARTMENT TO ENSURE THE EMER-
GENCY MEDICAL SERVICES SYSTEM IS RELIABLE, SUSTAINABLE AND PROVIDES
QUALITY CARE TO THE RESIDENTS, COMMUTERS AND VISITORS OF THE DISTRICT.
§ 3034. STATE EMERGENCY MEDICAL SERVICES TASK FORCE. 1. THE DEPARTMENT
SHALL DEVELOP A STATE EMERGENCY MEDICAL SERVICES (EMS) TASK FORCE, OPER-
ATED BY THE DEPARTMENT, THAT MAY COORDINATE AND OPERATE RESOURCES THAT
ARE NEEDED AROUND THE STATE IN SITUATIONS SUCH AS BUT NOT LIMITED TO A
DISASTER, LARGE EVENT, SPECIALIZED RESPONSE, COMMUNITY NEED, OR OTHER
NEED AS DETERMINED BY THE COMMISSIONER.
2. THE STATE EMS TASK FORCE SHALL BE MADE UP OF NON-GOVERNMENT AND
GOVERNMENT AGENCIES, THAT ARE LICENSED TO PROVIDE EMERGENCY MEDICAL
SERVICES IN THE STATE INCLUDING BUT NOT LIMITED TO COMMERCIAL AGENCIES,
NONPROFITS, FIRE DEPARTMENTS AND THIRD SERVICES.
3. THE DEPARTMENT WILL ALLOCATE FUNDS TO EFFECTUATE THE DELIVERY OF
THE STATE EMS TASK FORCE THAT WILL ALLOW FOR CONTRACTING WITH LICENSED
EMERGENCY MEDICAL SERVICES AGENCIES, THE PURCHASE OF SPECIALIZED
RESPONSE EQUIPMENT, STAFF TO CARRY OUT THE DAILY FUNCTIONS OF THE STATE
EMS TASK FORCE EITHER DIRECTLY OR BY CONTRACT AND OTHER FUNCTIONS AS
DETERMINED BY THE DEPARTMENT.
4. THE STATE EMERGENCY MEDICAL SERVICES COUNCIL SHALL MAKE RECOMMENDA-
TIONS TO THE DEPARTMENT TO EFFECTUATE THE DEVELOPMENT AND DELIVERY OF
CARE BY THE STATE EMS TASK FORCE.
5. THE STATE EMS TASK FORCE SHALL HAVE THE AUTHORITY TO OPERATE
THROUGHOUT NEW YORK STATE OR OUTSIDE OF THE STATE WITH PRIOR PERMISSION
OF THE COMMISSIONER. NOTWITHSTANDING ANY LAW TO THE CONTRARY, CONTRACTS
LET BY THE STATE EMS TASK FORCE SHALL BE EXEMPT FROM SECTIONS ONE
HUNDRED TWELVE AND ONE HUNDRED SIXTY-THREE OF THE STATE FINANCE LAW.
§ 3035. DEMONSTRATION PROJECTS. THE DEPARTMENT, IN CONSULTATION WITH
THE STATE EMERGENCY MEDICAL SERVICES COUNCIL, MAY ALLOW DEMONSTRATION
PROJECTS RELATED TO THE EMERGENCY MEDICAL SYSTEM. SUCH DEMONSTRATION
PROJECTS MAY ALLOW FOR WAIVERS OF CERTAIN PARTS OF THIS ARTICLE, ARTICLE
THIRTY-A OF THIS CHAPTER, AND APPLICABLE REGULATIONS, PROVIDED THE
DEMONSTRATION PROJECT MEETS ANY APPLICABLE STANDARDS SET FORTH BY THE
DEPARTMENT.
§ 3036. EMERGENCY MEDICAL SYSTEM SUPPORT SERVICES. THE COMMISSIONER
MAY PROMULGATE REGULATIONS, WITH THE APPROVAL OF THE STATE EMERGENCY
MEDICAL SERVICES COUNCIL, TO SET STANDARDS AND CRITERIA FOR BASIC LIFE
SUPPORT FIRST RESPONSE AGENCIES, EMERGENCY MEDICAL DISPATCH, AND SPECIAL
EVENT SERVICES, TO STRENGTHEN THE EMERGENCY MEDICAL SERVICE SYSTEM.
THESE ORGANIZATIONS SHALL NOT BE REQUIRED TO MEET THE STANDARDS SET FOR
DETERMINATION OF OPERATING AUTHORITY AS OUTLINED IN SECTION THREE THOU-
SAND EIGHT OF THIS ARTICLE UNLESS OTHERWISE DETERMINED BY THE STATE
EMERGENCY MEDICAL SERVICES COUNCIL AND APPROVED BY THE DEPARTMENT.
§ 3037. RULES AND REGULATIONS. THE COMMISSIONER, UPON APPROVAL OF THE
STATE EMERGENCY MEDICAL SERVICES COUNCIL, MAY PROMULGATE RULES AND REGU-
LATIONS TO EFFECTUATE THE PURPOSES OF THIS ARTICLE.
§ 12. Section 6909 of the education law is amended by adding a new
subdivision 11 to read as follows:
11. A CERTIFIED NURSE PRACTITIONER MAY PRESCRIBE AND ORDER A NON-PA-
TIENT SPECIFIC REGIMEN TO AN EMERGENCY MEDICAL SERVICES PRACTITIONER
LICENSED BY THE DEPARTMENT OF HEALTH PURSUANT TO ARTICLE THIRTY OF THE
PUBLIC HEALTH LAW, PURSUANT TO REGULATIONS PROMULGATED BY THE COMMIS-
SIONER, AND CONSISTENT WITH THE PUBLIC HEALTH LAW, FOR ADMINISTERING
S. 4007--A 170 A. 3007--A
IMMUNIZATIONS. NOTHING IN THIS SUBDIVISION SHALL AUTHORIZE UNLICENSED
PERSONS TO ADMINISTER IMMUNIZATIONS, VACCINES OR OTHER DRUGS.
§ 13. Section 6527 of the education law is amended by adding a new
subdivision 11 to read as follows:
11. A LICENSED PHYSICIAN MAY PRESCRIBE AND ORDER A NON-PATIENT SPECIF-
IC REGIMEN TO AN EMERGENCY MEDICAL SERVICES PRACTITIONER LICENSED BY THE
DEPARTMENT OF HEALTH PURSUANT TO ARTICLE THIRTY OF THE PUBLIC HEALTH
LAW, PURSUANT TO REGULATIONS PROMULGATED BY THE COMMISSIONER, AND
CONSISTENT WITH THE PUBLIC HEALTH LAW, FOR ADMINISTERING IMMUNIZATIONS.
NOTHING IN THIS SUBDIVISION SHALL AUTHORIZE UNLICENSED PERSONS TO ADMIN-
ISTER IMMUNIZATIONS, VACCINES OR OTHER DRUGS.
§ 14. This act shall take effect immediately; provided, however, that
section 3033 of the public health law, as added by section eleven of
this act, shall take effect on the ninetieth day after it shall have
become a law.
PART T
Section 1. The public health law is amended by adding a new section
1377 to read as follows:
§ 1377. STATE RENTAL REGISTRY AND PROACTIVE INSPECTIONS TO IDENTIFY
LEAD HAZARDS. 1. THE DEPARTMENT SHALL DEVELOP A REGISTRY FOR ALL RESI-
DENTIAL DWELLINGS WITH TWO OR MORE UNITS BUILT PRIOR TO NINETEEN HUNDRED
EIGHTY WHICH, BY VIRTUE OF THEIR MUNICIPAL ZONING DESIGNATION, ARE
POTENTIALLY ELIGIBLE FOR RENTAL, LEASE, LET OR HIRING OUT, AND ARE
LOCATED WITHIN COMMUNITIES OF CONCERN AS IDENTIFIED BY THE DEPARTMENT.
SUCH REGISTRY SHALL ONLY INCLUDE QUALIFYING RESIDENTIAL DWELLINGS
OUTSIDE NEW YORK CITY.
2. ALL RESIDENTIAL DWELLINGS QUALIFYING FOR REGISTRATION IN ACCORD
WITH THIS SECTION MUST BE CERTIFIED AS FREE OF LEAD PAINT HAZARDS BASED
ON INSPECTIONS CONDUCTED ON A TRI-ANNUAL BASIS. INSPECTION CERTIF-
ICATIONS MUST BE SUBMITTED TO THE LOCAL HEALTH DEPARTMENT OR THEIR
DESIGNEE FOR RECORDING IN THE RENTAL REGISTRY.
3. THE COMMISSIONER SHALL PROMULGATE REGULATIONS AS NEEDED TO ADMINIS-
TER, COORDINATE, AND ENFORCE THIS SECTION, INCLUDING THE ESTABLISHMENT
OF FINES TO BE LEVIED IN THE EVENT OF NON-COMPLIANCE WITH THE REQUIRE-
MENTS OF THIS SECTION.
4. INSPECTION REQUIREMENTS SHALL BE BASED ON REGULATION AND GUIDANCE
FROM THE DEPARTMENT AND MAY INCLUDE QUALIFICATIONS FOR INSPECTORS, MINI-
MUM REQUIREMENTS OF A COMPLIANT INSPECTION AND A PROCESS FOR REPORTING
INSPECTION RESULTS TO LOCAL HEALTH DEPARTMENTS. MINIMUM INSPECTION
REQUIREMENTS MAY INCLUDE VISUAL INSPECTIONS FOR DETERIORATED PAINT AND
OUTDOOR SOIL CONDITIONS, AS WELL AS THE COLLECTION OF DUST WIPE SAMPLES
OBTAINED IN ACCORDANCE WITH UNITED STATES ENVIRONMENTAL PROTECTION AGEN-
CY PROTOCOLS FOR SUCH PROCEDURES.
5. REMEDIATION OF LEAD-BASED PAINT HAZARDS MUST BE CONDUCTED IN
COMPLIANCE WITH ALL MUNICIPAL REQUIREMENTS AND SPECIFIC REQUIREMENTS
SPECIFIED IN REGULATION.
§ 2. Paragraphs h and i of subdivision 1 of section 381 of the execu-
tive law, as added by chapter 560 of the laws of 2010, are amended and a
new paragraph j is added to read as follows:
h. minimum basic training and in-service training requirements for
personnel charged with administration and enforcement of the state ener-
gy conservation construction code; [and]
S. 4007--A 171 A. 3007--A
i. standards and procedures for measuring the rate of compliance with
the state energy conservation construction code, and provisions requir-
ing that such rate of compliance be measured on an annual basis[.]; AND
J. PROCEDURES REQUIRING THE DOCUMENTATION OF COMPLIANCE WITH REGU-
LATIONS ADOPTED PURSUANT TO SECTION THIRTEEN HUNDRED SEVENTY-SEVEN OF
THE PUBLIC HEALTH LAW AS A CONDITION TO ISSUANCE OF A CERTIFICATE OF
OCCUPANCY OR CERTIFICATE OF COMPLIANCE FOLLOWING A PERIODIC FIRE SAFETY
AND PROPERTY MAINTENANCE INSPECTION FOR MULTIPLE DWELLINGS.
§ 3. This act shall take effect immediately; provided, however,
section one of this act shall take effect eighteen months after it shall
have become a law; and provided further, however, section two of this
act shall take effect two years after it shall have become a law.
Effective immediately, the addition, amendment, and/or repeal of any
rule or regulation necessary for the timely implementation of this act
on or before its effective date are authorized to be made and completed
on or before such effective date.
PART U
Section 1. The general business law is amended by adding a new
section 394-f to read as follows:
§ 394-F. WARRANTS FOR REPRODUCTIVE HEALTH RELATED ELECTRONIC DATA. 1.
FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE
FOLLOWING MEANINGS:
A. "ELECTRONIC COMMUNICATION" MEANS ANY TRANSFER OF SIGNS, SIGNALS,
WRITING, IMAGES, SOUNDS, DATA, OR INTELLIGENCE OF ANY NATURE TRANSMITTED
IN WHOLE OR IN PART BY A WIRE, RADIO, ELECTROMAGNETIC, PHOTOELECTRONIC
OR PHOTO-OPTICAL SYSTEM; PROVIDED, HOWEVER, SUCH TERM SHALL NOT INCLUDE:
I. ANY TELEPHONIC OR TELEGRAPHIC COMMUNICATION.
II. ANY COMMUNICATION MADE THROUGH A TONE ONLY PAGING DEVICE.
III. ANY COMMUNICATION MADE THROUGH A TRACKING DEVICE CONSISTING OF AN
ELECTRONIC OR MECHANICAL DEVICE WHICH PERMITS THE TRACKING OF THE MOVE-
MENT OF A PERSON OR OBJECT.
IV. ANY COMMUNICATION THAT IS DISSEMINATED BY THE SENDER THROUGH A
METHOD OF TRANSMISSION THAT IS CONFIGURED SO THAT SUCH COMMUNICATION IS
READILY ACCESSIBLE TO THE PUBLIC.
B. "ELECTRONIC COMMUNICATION SERVICES" MEANS ANY SERVICE WHICH
PROVIDES TO USERS THEREOF THE ABILITY TO SEND OR RECEIVE WIRE OR ELEC-
TRONIC COMMUNICATIONS.
C. "PROHIBITED VIOLATION" MEANS ANY CIVIL OR CRIMINAL OFFENSE DEFINED
UNDER THE LAWS OF ANOTHER STATE THAT CREATES CIVIL OR CRIMINAL LIABILITY
OR ANY THEORY OF VICARIOUS, JOINT, SEVERAL OR CONSPIRACY LIABILITY FOR,
IN WHOLE OR IN PART BASED ON OR ARISING OUT OF, EITHER OF THE FOLLOWING,
UNLESS SUCH OUT-OF-STATE PROCEEDING I. SOUNDS IN TORT OR CONTRACT; II.
IS ACTIONABLE, IN AN EQUIVALENT OR SIMILAR MANNER, UNDER THE LAWS OF
THIS STATE; OR III. WAS BROUGHT BY THE PATIENT WHO RECEIVED REPRODUCTIVE
HEALTH CARE, OR THE PATIENT'S LEGAL REPRESENTATIVE:
(1) PROVIDING, FACILITATING, OR OBTAINING REPRODUCTIVE HEALTH CARE
SERVICES THAT ARE LAWFUL UNDER NEW YORK LAW; OR
(2) INTENDING OR ATTEMPTING TO PROVIDE, FACILITATE, OR OBTAIN REPRO-
DUCTIVE HEALTH CARE SERVICES THAT ARE LAWFUL UNDER NEW YORK LAW.
D. "REPRODUCTIVE HEALTH CARE SERVICES" MEANS ANY SERVICES RELATED TO
THE PERFORMANCE OR AIDING WITHIN THE PERFORMANCE OF AN ABORTION
PERFORMED WITHIN THIS STATE THAT IS PERFORMED IN ACCORDANCE WITH THE
APPLICABLE LAW OF THIS STATE, ENDING, SEEKING TO END, OR AIDING ANOTHER
S. 4007--A 172 A. 3007--A
IN ENDING THEIR PREGNANCY WITHIN THIS STATE, OR PROCURING OR AIDING IN
THE PROCUREMENT OF AN ABORTION WITHIN THIS STATE.
2. ANY PERSON OR ENTITY THAT IS HEADQUARTERED OR INCORPORATED IN NEW
YORK THAT PROVIDES ELECTRONIC COMMUNICATIONS SERVICES TO THE GENERAL
PUBLIC, WHEN SERVED WITH A WARRANT ISSUED BY ANOTHER STATE TO PRODUCE
RECORDS THAT WOULD REVEAL THE IDENTITY OF THE CUSTOMERS USING THOSE
SERVICES, DATA STORED BY OR ON BEHALF OF THE CUSTOMERS, THE CUSTOMERS'
USAGE OF THOSE SERVICES, THE RECIPIENT OR DESTINATION OF COMMUNICATIONS
SENT TO OR FROM THOSE CUSTOMERS, OR THE CONTENT OF THOSE COMMUNICATIONS,
SHALL NOT PRODUCE THOSE RECORDS WHEN THE CORPORATION KNOWS OR SHOULD
KNOW THAT THE WARRANT RELATES TO AN INVESTIGATION INTO, OR ENFORCEMENT
OF, A PROHIBITED VIOLATION.
3. ANY PERSON OR ENTITY THAT IS HEADQUARTERED OR INCORPORATED IN NEW
YORK MAY COMPLY WITH A WARRANT AS DESCRIBED IN SUBDIVISION TWO OF THIS
SECTION IF THE WARRANT IS ACCOMPANIED BY AN ATTESTATION MADE BY THE
ENTITY SEEKING THE RECORDS THAT THE EVIDENCE SOUGHT IS NOT RELATED TO AN
INVESTIGATION INTO, OR ENFORCEMENT OF, A PROHIBITED VIOLATION.
4. THE ATTORNEY GENERAL MAY COMMENCE A CIVIL ACTION TO COMPEL ANY
CORPORATION HEADQUARTERED OR INCORPORATED IN NEW YORK THAT PROVIDES
ELECTRONIC COMMUNICATIONS SERVICES OR REMOTE COMPUTING SERVICES TO THE
GENERAL PUBLIC TO COMPLY WITH THE PROVISIONS OF THIS SECTION.
§ 2. The general business law is amended by adding a new section 394-g
to read as follows:
§ 394-G. GEOFENCING OF HEALTH CARE FACILITIES. 1. FOR THE PURPOSES OF
THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
A. "DIGITAL ADVERTISEMENT" MEANS ANY COMMUNICATION DELIVERED BY ELEC-
TRONIC MEANS THAT IS INTENDED TO BE USED FOR THE PURPOSES OF MARKETING,
SOLICITATION, OR DISSEMINATION OF INFORMATION RELATED, DIRECTLY OR INDI-
RECTLY, TO GOODS OR SERVICES PROVIDED BY THE DIGITAL ADVERTISER OR A
THIRD PARTY.
B. "GEOFENCING" MEANS A TECHNOLOGY THAT USES GLOBAL POSITIONING SYSTEM
COORDINATES, CELL TOWER CONNECTIVITY, CELLULAR DATA, RADIO FREQUENCY
IDENTIFICATION, WI-FI DATA AND/OR ANY OTHER FORM OF LOCATION DETECTION,
TO ESTABLISH A VIRTUAL BOUNDARY OR "GEOFENCE" AROUND A PARTICULAR
LOCATION THAT ALLOWS A DIGITAL ADVERTISER TO TRACK THE LOCATION
OF AN INDIVIDUAL USER AND ELECTRONICALLY DELIVER TARGETED DIGITAL
ADVERTISEMENTS DIRECTLY TO SUCH USER'S MOBILE DEVICE UPON SUCH USER'S
ENTRY INTO THE GEOFENCED AREA.
C. "HEALTH CARE FACILITY" MEANS ANY GOVERNMENTAL OR PRIVATE AGENCY,
DEPARTMENT, INSTITUTION, CLINIC, LABORATORY, HOSPITAL, PHYSICIAN'S
OFFICE, NURSING CARE FACILITY, HEALTH MAINTENANCE ORGANIZATION, ASSOCI-
ATION OR OTHER SIMILAR ENTITY THAT PROVIDES MEDICAL CARE OR RELATED
SERVICES PURSUANT TO THE PROVISIONS OF THE PUBLIC HEALTH LAW OR THE
MENTAL HYGIENE LAW, INCLUDING THE BUILDING OR STRUCTURE IN WHICH THE
FACILITY IS LOCATED.
D. "USER" MEANS A NATURAL PERSON WHO OWNS OR USES A MOBILE DEVICE OR
ANY OTHER CONNECTED ELECTRONIC DEVICE CAPABLE OF RECEIVING DIGITAL
ADVERTISEMENTS.
2. IT SHALL BE UNLAWFUL FOR ANY PERSON, CORPORATION, PARTNERSHIP, OR
ASSOCIATION TO ESTABLISH A GEOFENCE OR SIMILAR VIRTUAL BOUNDARY AROUND
ANY HEALTH CARE FACILITY, AS DEFINED PURSUANT TO PARAGRAPH C OF SUBDIVI-
SION ONE OF THIS SECTION, FOR THE PURPOSE OF DELIVERING BY ELECTRONIC
MEANS A DIGITAL ADVERTISEMENT TO A USER AT OR WITHIN SUCH HEALTH CARE
FACILITY, AND IT SHALL BE UNLAWFUL FOR ANY PERSON, CORPORATION, PARTNER-
SHIP, OR ASSOCIATION TO DELIVER BY ELECTRONIC MEANS ANY DIGITAL ADVER-
S. 4007--A 173 A. 3007--A
TISEMENT TO A USER AT OR WITHIN ANY SUCH HEALTH CARE FACILITY THROUGH
THE USE OF GEOFENCING OR SIMILAR VIRTUAL BOUNDARY.
§ 3. Severability. If any provision of this article or the application
thereof to any person or circumstances is held invalid, the invalidity
thereof shall not affect other provisions or applications of the article
which can be given effect without the invalid provision or application,
and to this end the provisions of this article are severable.
§ 4. This act shall take effect on the thirtieth day after it shall
have become a law.
PART V
Section 1. Section 6801 of the education law is amended by adding a
new subdivision 9 to read as follows:
9. A LICENSED PHARMACIST WITHIN THEIR LAWFUL SCOPE OF PRACTICE MAY
PRESCRIBE AND ORDER SELF-ADMINISTERED HORMONAL CONTRACEPTIVES AND EMER-
GENCY CONTRACEPTIVE DRUG THERAPY IN ACCORDANCE WITH STANDARDIZED PROCE-
DURES OR PROTOCOLS DEVELOPED AND APPROVED BY THE BOARD OF PHARMACY IN
CONSULTATION WITH THE DEPARTMENT OF HEALTH.
(A) THE STANDARDIZED PROCEDURE OR PROTOCOL SHALL REQUIRE THAT THE
PATIENT USE A SELF-SCREENING TOOL THAT WILL IDENTIFY PATIENT RISK
FACTORS FOR USE OF SELF-ADMINISTERED HORMONAL CONTRACEPTIVES AND EMER-
GENCY CONTRACEPTIVE DRUG THERAPY, BASED ON THE CURRENT UNITED STATES
MEDICAL ELIGIBILITY CRITERIA (USMEC) FOR CONTRACEPTIVE USE DEVELOPED BY
THE FEDERAL CENTERS FOR DISEASE CONTROL AND PREVENTION, AND THAT THE
PHARMACIST REFER THE PATIENT TO THE PATIENT'S PRIMARY CARE PROVIDER OR,
IF THE PATIENT DOES NOT HAVE A PRIMARY CARE PROVIDER, TO NEARBY CLINICS,
UPON FURNISHING A SELF-ADMINISTERED HORMONAL CONTRACEPTIVE OR EMERGENCY
CONTRACEPTIVE DRUG THERAPY PURSUANT TO THIS SUBDIVISION, OR IF IT IS
DETERMINED THAT USE OF A SELF-ADMINISTERED HORMONAL CONTRACEPTIVE OR
EMERGENCY CONTRACEPTIVE DRUG THERAPY IS NOT RECOMMENDED.
(B) PRIOR TO PRESCRIBING SELF-ADMINISTERED HORMONAL CONTRACEPTIVES OR
EMERGENCY CONTRACEPTIVE DRUG THERAPY UNDER THIS SUBDIVISION, A PHARMA-
CIST SHALL COMPLETE A TRAINING PROGRAM ON SELF-ADMINISTERED HORMONAL
CONTRACEPTIVES OR EMERGENCY CONTRACEPTIVE DRUG THERAPY, AS APPLICABLE,
THAT CONSISTS OF AT LEAST ONE HOUR OF APPROVED CONTINUING EDUCATION ON
SELF-ADMINISTERED HORMONAL CONTRACEPTIVES OR EMERGENCY CONTRACEPTIVE
DRUG THERAPY.
(C) A PHARMACIST, PHARMACIST'S EMPLOYER, OR PHARMACIST'S AGENT SHALL
NOT DIRECTLY CHARGE A PATIENT A SEPARATE CONSULTATION FEE FOR SELF-AD-
MINISTERED HORMONAL CONTRACEPTIVES OR EMERGENCY CONTRACEPTIVE DRUG THER-
APY SERVICES INITIATED PURSUANT TO THIS SUBDIVISION, BUT MAY CHARGE AN
ADMINISTRATIVE FEE NOT TO EXCEED TEN DOLLARS ABOVE THE RETAIL COST OF
THE DRUG. UPON AN ORAL, TELEPHONIC, ELECTRONIC, OR WRITTEN REQUEST FROM
A PATIENT OR CUSTOMER, A PHARMACIST OR PHARMACIST'S EMPLOYEE SHALL
DISCLOSE THE TOTAL RETAIL PRICE THAT A CONSUMER WOULD PAY FOR SELF-AD-
MINISTERED HORMONAL CONTRACEPTIVES OR EMERGENCY CONTRACEPTIVE DRUG THER-
APY. AS USED IN THIS PARAGRAPH, TOTAL RETAIL PRICE INCLUDES PROVIDING
THE CONSUMER WITH SPECIFIC INFORMATION REGARDING THE PRICE OF THE SELF-
ADMINISTERED HORMONAL CONTRACEPTIVES OR EMERGENCY CONTRACEPTIVE DRUG
THERAPY AND THE PRICE OF THE ADMINISTRATIVE FEE CHARGED. THIS LIMITATION
IS NOT INTENDED TO INTERFERE WITH OTHER CONTRACTUALLY AGREED-UPON TERMS
BETWEEN A PHARMACIST, A PHARMACIST'S EMPLOYER, OR A PHARMACIST'S AGENT,
AND A HEALTH CARE SERVICE PLAN OR INSURER. PATIENTS WHO ARE INSURED OR
COVERED AND RECEIVE A PHARMACY BENEFIT THAT COVERS THE COST OF SELF-AD-
MINISTERED HORMONAL CONTRACEPTIVES OR EMERGENCY CONTRACEPTIVE DRUG THER-
S. 4007--A 174 A. 3007--A
APY SHALL NOT BE REQUIRED TO PAY AN ADMINISTRATIVE FEE. SUCH PATIENTS
SHALL BE REQUIRED TO PAY COPAYMENTS PURSUANT TO THE TERMS AND CONDITIONS
OF THEIR COVERAGE. THIS PARAGRAPH SHALL NOT APPLY TO DEDICATED EMERGENCY
CONTRACEPTIVE DRUGS CLASSIFIED AS OVER-THE-COUNTER PRODUCTS BY THE
FEDERAL FOOD AND DRUG ADMINISTRATION.
(D) FOR EACH EMERGENCY CONTRACEPTIVE DRUG THERAPY OR SELF-ADMINISTERED
HORMONAL CONTRACEPTIVE INITIATED PURSUANT TO THIS SUBDIVISION, THE PHAR-
MACIST SHALL PROVIDE THE RECIPIENT OF THE DRUG WITH A STANDARDIZED
FACTSHEET THAT INCLUDES, BUT IS NOT LIMITED TO, THE INDICATIONS AND
CONTRAINDICATIONS FOR USE OF THE DRUG, THE APPROPRIATE METHOD FOR USING
THE DRUG, THE NEED FOR MEDICAL FOLLOW-UP, AND OTHER APPROPRIATE INFORMA-
TION. THE BOARD OF PHARMACY SHALL DEVELOP THIS FORM IN CONSULTATION WITH
THE DEPARTMENT OF HEALTH. THIS SECTION DOES NOT PRECLUDE THE USE OF
EXISTING PUBLICATIONS DEVELOPED BY NATIONALLY RECOGNIZED MEDICAL ORGAN-
IZATIONS.
§ 2. This act shall take effect immediately.
PART W
Section 1. Subdivision 7-a of section 6527 of the education law, as
added by chapter 502 of the laws of 2016, is amended to read as follows:
7-a. A licensed physician may prescribe and order a patient specific
order or non-patient specific order to a licensed pharmacist, pursuant
to regulations promulgated by the commissioner in consultation with the
commissioner of health, and consistent with the public health law, for
dispensing up to a seven day starter pack of HIV post-exposure prophy-
laxis for the purpose of preventing human immunodeficiency virus
infection following a potential human immunodeficiency virus exposure.
A LICENSED PHYSICIAN MAY ALSO PRESCRIBE AND ORDER A PATIENT SPECIFIC OR
NON-PATIENT SPECIFIC ORDER TO A LICENSED PHARMACIST, PURSUANT TO REGU-
LATIONS PROMULGATED BY THE COMMISSIONER IN CONSULTATION WITH THE COMMIS-
SIONER OF HEALTH, AND CONSISTENT WITH THE PUBLIC HEALTH LAW AND SECTION
SIXTY-EIGHT HUNDRED ONE OF THIS TITLE, FOR HIV PRE-EXPOSURE PROPHYLAXIS,
PROVIDED, HOWEVER, THAT THE REGULATIONS PROMULGATED PURSUANT TO THIS
SUBDIVISION SHALL REQUIRE THAT THE HIV PRE-EXPOSURE PROPHYLAXIS AUTHOR-
IZED TO BE DISPENSED BY A LICENSED PHARMACIST SHALL PROVIDE FOR AT LEAST
A THIRTY-DAY, BUT NO MORE THAN A SIXTY-DAY, SUPPLY OF SUCH PROPHYLAXIS.
§ 2. Subdivision 8 of section 6909 of the education law, as added by
chapter 502 of the laws of 2016, is amended to read as follows:
8. A certified nurse practitioner may prescribe and order a patient
specific order or non-patient specific order to a licensed pharmacist,
pursuant to regulations promulgated by the commissioner in consultation
with the commissioner of health, and consistent with the public health
law, for dispensing up to a seven day starter pack of HIV post-exposure
prophylaxis for the purpose of preventing human immunodeficiency virus
infection following a potential human immunodeficiency virus exposure.
A CERTIFIED NURSE PRACTITIONER MAY ALSO PRESCRIBE AND ORDER A PATIENT
SPECIFIC OR NON-PATIENT SPECIFIC ORDER TO A LICENSED PHARMACIST, PURSU-
ANT TO REGULATIONS PROMULGATED BY THE COMMISSIONER IN CONSULTATION WITH
THE COMMISSIONER OF HEALTH, AND CONSISTENT WITH THE PUBLIC HEALTH LAW
AND SECTION SIXTY-EIGHT HUNDRED ONE OF THIS TITLE, FOR HIV PRE-EXPOSURE
PROPHYLAXIS, PROVIDED, HOWEVER, THAT THE REGULATIONS PROMULGATED PURSU-
ANT TO THIS SUBDIVISION SHALL REQUIRE THAT THE HIV PRE-EXPOSURE PROPHY-
LAXIS AUTHORIZED TO BE DISPENSED BY A LICENSED PHARMACIST SHALL PROVIDE
FOR AT LEAST A THIRTY-DAY, BUT NO MORE THAN A SIXTY-DAY, SUPPLY OF SUCH
PROPHYLAXIS.
S. 4007--A 175 A. 3007--A
§ 3. Subdivision 5 of section 6801 of the education law, as added by
chapter 502 of the laws of 2016, is amended and a new subdivision 9 is
added to read as follows:
5. A licensed pharmacist may execute a non-patient specific order, for
dispensing up to a seven day starter pack of HIV post-exposure prophy-
laxis medications for the purpose of preventing human immunodeficiency
virus infection, by a physician licensed in this state or nurse practi-
tioner certified in this state, pursuant to rules and regulations
promulgated by the commissioner in consultation with the commissioner of
health following a potential human immunodeficiency virus exposure. THE
PHARMACIST SHALL ALSO INFORM THE PATIENT OF THE AVAILABILITY OF PRE-EX-
POSURE PROPHYLAXIS FOR PERSONS WHO ARE AT SUBSTANTIAL RISK OF ACQUIRING
HIV.
9. A LICENSED PHARMACIST MAY EXECUTE A NON-PATIENT SPECIFIC ORDER, FOR
DISPENSING HIV PRE-EXPOSURE PROPHYLAXIS, PURSUANT TO RULES AND REGU-
LATIONS PROMULGATED BY THE COMMISSIONER IN CONSULTATION WITH THE COMMIS-
SIONER OF HEALTH PROVIDED, HOWEVER, THAT THE RULES AND REGULATIONS
PROMULGATED PURSUANT TO THIS SUBDIVISION SHALL REQUIRE THAT THE HIV
PRE-EXPOSURE PROPHYLAXIS AUTHORIZED TO BE DISPENSED BY A LICENSED PHAR-
MACIST SHALL PROVIDE FOR AT LEAST A THIRTY-DAY, BUT NO MORE THAN A
SIXTY-DAY, SUPPLY OF SUCH PROPHYLAXIS. AND PROVIDED FURTHER, THAT THE
FOLLOWING CONDITIONS SHALL BE MET BEFORE A PHARMACIST MAY DISPENSE PRE-
EXPOSURE PROPHYLAXIS:
(A) THE PHARMACIST HAS COMPLETED A TRAINING PROGRAM CREATED OR
APPROVED BY THE DEPARTMENT OF HEALTH ON THE USE OF PRE-EXPOSURE PROPHY-
LAXIS. THE TRAINING PROGRAM SHALL EDUCATE PHARMACISTS ABOUT THE REQUIRE-
MENTS OF THIS SUBDIVISION, THE RISKS AND SIDE EFFECTS OF THE MEDICATION,
PATIENT INSURANCE AND COST BURDENS, AND ANY OTHER INFORMATION THE
DEPARTMENT OF HEALTH DEEMS NECESSARY OR IMPORTANT;
(B) THE PATIENT IS HIV NEGATIVE, AS DOCUMENTED BY A NEGATIVE HIV TEST
RESULT OBTAINED WITHIN THE PREVIOUS SEVEN DAYS FROM AN HIV
ANTIGEN/ANTIBODY TEST OR ANTIBODY-ONLY TEST OR FROM A RAPID, POINT-OF-
CARE FINGERSTICK BLOOD TEST APPROVED BY THE FEDERAL FOOD AND DRUG ADMIN-
ISTRATION. IF THE PATIENT DOES NOT PROVIDE EVIDENCE OF A NEGATIVE HIV
TEST IN ACCORDANCE WITH THIS PARAGRAPH, THE PHARMACIST MAY RECOMMEND OR
ORDER AN HIV TEST. IF THE PATIENT TESTS POSITIVE FOR HIV INFECTION, THE
PHARMACIST SHALL DIRECT THE PATIENT TO A LICENSED PHYSICIAN AND PROVIDE
THE PATIENT WITH A LIST OF HEALTH CARE SERVICE PROVIDERS AND CLINICS
WITHIN THE COUNTY WHERE THE PHARMACIST IS LOCATED OR ADJACENT COUNTIES;
(C) THE PATIENT DOES NOT REPORT ANY SIGNS OR SYMPTOMS OF ACUTE HIV
INFECTION ON A SELF-REPORTED CHECKLIST OF ACUTE HIV INFECTION SIGNS AND
SYMPTOMS;
(D) THE PATIENT DOES NOT REPORT TAKING ANY CONTRAINDICATED MEDICA-
TIONS;
(E) THE PHARMACIST DOES NOT FURNISH MORE THAN A SIXTY-DAY SUPPLY OF
PRE-EXPOSURE PROPHYLAXIS TO A SINGLE PATIENT MORE THAN ONCE EVERY YEAR,
UNLESS DIRECTED OTHERWISE BY A PRESCRIBER;
(F) THE PHARMACIST PROVIDES WRITTEN INFORMATION, PUBLISHED BY THE
DEPARTMENT OF HEALTH, TO THE PATIENT ON THE ONGOING USE OF PRE-EXPOSURE
PROPHYLAXIS, WHICH MAY INCLUDE EDUCATION ABOUT SIDE EFFECTS, SAFETY
DURING PREGNANCY AND BREASTFEEDING, ADHERENCE TO RECOMMENDED DOSING, AND
THE IMPORTANCE OF TIMELY TESTING AND TREATMENT, AS APPLICABLE, FOR HIV,
RENAL FUNCTION, HEPATITIS B, HEPATITIS C, SEXUALLY TRANSMITTED DISEASES,
AND PREGNANCY FOR INDIVIDUALS OF CHILD-BEARING CAPACITY. THE PHARMACIST
SHALL NOTIFY THE PATIENT THAT THE PATIENT MUST BE SEEN BY A LICENSED
S. 4007--A 176 A. 3007--A
PHYSICIAN TO RECEIVE SUBSEQUENT PRESCRIPTIONS FOR PRE-EXPOSURE PROPHY-
LAXIS; AND
(G) THE PHARMACIST PROVIDES INFORMATION, DEVELOPED BY THE COMMISSIONER
OF HEALTH, TO THE PATIENT, OR WHEN THE PATIENT LACKS CAPACITY TO CONSENT
TO A PERSON AUTHORIZED TO CONSENT TO HEALTH CARE FOR SUCH INDIVIDUAL, ON
THE IMPORTANCE OF HAVING A HEALTH CARE PROVIDER AND IF THE PATIENT DOES
NOT HAVE A HEALTH CARE PROVIDER THE PHARMACIST SHALL PROVIDE THE PATIENT
A LIST OF LICENSED PHYSICIANS, CLINICS, OR OTHER HEALTH CARE SERVICE
PROVIDERS WITHIN THE COUNTY WHERE THE PHARMACIST IS LOCATED OR ADJACENT
COUNTIES.
§ 4. Subdivision 6 of section 571 of the public health law, as amended
by section 1 of part C of chapter 57 of the laws of 2022, is amended to
read as follows:
6. "Qualified health care professional" means a physician, dentist,
podiatrist, optometrist performing a clinical laboratory test that does
not use an invasive modality as defined in section seventy-one hundred
one of the education law, pharmacist administering [COVID-19 and influ-
enza] tests pursuant to subdivision seven of section sixty-eight hundred
one of the education law, physician assistant, specialist assistant,
nurse practitioner, or midwife, who is licensed and registered with the
state education department.
§ 5. Subdivision 7 of section 6801 of the education law, as amended by
section 2 of part C of chapter 57 of the laws of 2022, is amended to
read as follows:
7. A licensed pharmacist is a qualified health care professional under
section five hundred seventy-one of the public health law for the
purposes of directing a limited service laboratory and ordering and
administering [COVID-19 and influenza] tests authorized by the Food and
Drug Administration (FDA), subject to certificate of waiver requirements
established pursuant to the federal clinical laboratory improvement act
of nineteen hundred eighty-eight.
§ 6. Section 8 of part C of chapter 57 of the laws of 2022 amending
the public health law and the education law relating to allowing pharma-
cists to direct limited service laboratories and order and administer
COVID-19 and influenza tests and modernizing nurse practitioners, is
amended to read as follows:
§ 8. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2022; provided,
however, that sections [one, two,] three[,] AND four[, six and seven] of
this act shall expire and be deemed repealed two years after it shall
have become a law.
§ 7. Section 6801 of the education law is amended by adding a new
subdivision 10 to read as follows:
10. A LICENSED PHARMACIST WITHIN THEIR LAWFUL SCOPE OF PRACTICE MAY
PRESCRIBE AND ORDER MEDICATIONS TO TREAT NICOTINE DEPENDENCE APPROVED BY
THE FEDERAL FOOD AND DRUG ADMINISTRATION FOR SMOKING CESSATION.
§ 8. Section 6801 of the education law is amended by adding a new
subdivision 11 to read as follows:
11. A LICENSED PHARMACIST WITHIN THEIR LAWFUL SCOPE OF PRACTICE MAY
PRESCRIBE AND ORDER OPIOID ANTAGONISTS, LIMITED TO NALOXONE AND OTHER
MEDICATIONS APPROVED BY THE DEPARTMENT OF HEALTH FOR SUCH PURPOSE PURSU-
ANT TO SECTIONS THIRTY-THREE HUNDRED NINE AND THIRTY-THREE HUNDRED
NINE-B OF THE PUBLIC HEALTH LAW.
§ 9. Section 6801-a of the education law, as amended by chapter 238 of
the laws of 2015, is amended to read as follows:
S. 4007--A 177 A. 3007--A
§ 6801-a. Collaborative drug therapy management [demonstration
program]. 1. As used in this section, the following terms shall have
the following meanings:
a. "Board" shall mean the state board of pharmacy as established by
section sixty-eight hundred four of this article.
b. "Clinical services" shall mean the collection and interpretation of
patient data for the purpose of [initiating, modifying and] monitoring
drug therapy AND PRESCRIBING IN ORDER TO ADJUST OR MANAGE DRUG THERAPY
with associated accountability and responsibility for outcomes in a
direct patient care setting.
c. "Collaborative drug therapy management" shall mean the performance
of clinical services by a pharmacist relating to the review, evaluation
and management of drug therapy to a patient, who is being treated by a
physician OR NURSE PRACTITIONER for a specific disease or associated
disease states, in accordance with a written agreement or protocol with
a voluntarily participating physician [and in accordance with the poli-
cies, procedures, and protocols of the facility] OR NURSE PRACTITIONER.
Such agreement or protocol as entered into by the physician OR NURSE
PRACTITIONER, and a pharmacist, may include[, and shall be limited to]:
(i) [adjusting or managing] PRESCRIBING IN ORDER TO ADJUST OR MANAGE a
drug regimen of a patient, pursuant to a patient specific order or NON-
PATIENT SPECIFIC protocol made by the patient's physician, OR NURSE
PRACTITIONER, which may include adjusting drug strength, frequency of
administration or route of administration[. Adjusting the drug regimen
shall not include substituting] or selecting a [different] drug which
differs from that initially prescribed by the patient's physician
[unless such substitution is expressly] OR NURSE PRACTITIONER AS author-
ized in the written [order] AGREEMENT or protocol, PROVIDED, HOWEVER,
THAT THE PHARMACIST SHALL APPROPRIATELY CONSIDER CLINICAL BENEFIT AND
COST TO THE PATIENT AND/OR PAYER IN DISCHARGING THESE RESPONSIBILITIES.
The pharmacist shall be required to immediately document in the patient
record changes made to the patient's drug therapy and shall use any
reasonable means or method established by the facility OR PRACTICE to
notify the patient's other treating physicians [with whom he or she does
not have a written agreement or protocol regarding such changes. The
patient's physician may prohibit, by written instruction, any adjustment
or change in the patient's drug regimen by the pharmacist], PHYSICIAN
ASSISTANTS, NURSE PRACTITIONERS AND OTHER PROFESSIONALS AS REQUIRED BY
THE FACILITY OR THE COLLABORATIVE PRACTICE AGREEMENT;
(ii) evaluating and[, only if specifically] AS authorized by the WRIT-
TEN AGREEMENT OR protocol and only to the extent necessary to discharge
the responsibilities set forth in this section, ordering disease state
laboratory tests related to the drug therapy management for the specific
disease or disease [state] STATES specified within the written agreement
or protocol; and
(iii) [only if specifically] AS authorized by the written agreement or
protocol and only to the extent necessary to discharge the responsibil-
ities set forth in this section, ordering or performing routine patient
monitoring functions as may be necessary in the drug therapy manage-
ment[, including the collecting and reviewing of patient histories, and
ordering or checking patient vital signs, including pulse, temperature,
blood pressure and respiration].
d. "Facility" shall mean[: (i)] a [teaching hospital or] general
hospital, [including any] diagnostic center, treatment center, or hospi-
tal-based outpatient department as defined in section twenty-eight
hundred one of the public health law[; or (ii)], A RESIDENTIAL HEALTH
S. 4007--A 178 A. 3007--A
CARE FACILITY OR a nursing home with an on-site pharmacy staffed by a
licensed pharmacist OR ANY FACILITY AS DEFINED IN SECTION TWENTY-EIGHT
HUNDRED ONE OF THE PUBLIC HEALTH LAW OR OTHER ENTITY THAT PROVIDES
DIRECT PATIENT CARE UNDER THE AUSPICES OF A MEDICAL DIRECTOR; provided,
however, for the purposes of this section the term "facility" shall not
include dental clinics, dental dispensaries, [residential health care
facilities] and rehabilitation centers.
For the purposes of this section, [a "teaching hospital" shall mean a
hospital licensed pursuant to article twenty-eight of the public health
law that is eligible to receive direct or indirect graduate medical
education payments pursuant to article twenty-eight of the public health
law] A "PRACTICE" SHALL MEAN A PLACE OR SITUATION IN WHICH PHYSICIANS,
AND NURSE PRACTITIONERS EITHER ALONE OR IN GROUP PRACTICES PROVIDE DIAG-
NOSTIC AND TREATMENT CARE FOR PATIENTS.
e. ["Physician"] "PHYSICIAN OR NURSE PRACTITIONER" shall mean the
physician OR NURSE PRACTITIONER selected by or assigned to a patient,
who has primary responsibility for the treatment and care of the patient
for the disease and associated disease states that are the subject of
the collaborative drug therapy management.
f. "Written agreement or protocol" shall mean a written document,
pursuant to and consistent with any applicable state or federal require-
ments, that addresses a specific disease or associated disease states
and that describes the nature and scope of collaborative drug therapy
management to be undertaken by the pharmacists, in collaboration with
the participating physician, NURSE PRACTITIONER OR FACILITY in accord-
ance with the provisions of this section.
2. a. A pharmacist who meets the experience requirements of paragraph
b of this subdivision and who is [employed by or otherwise affiliated
with a facility] CERTIFIED BY THE DEPARTMENT TO ENGAGE IN COLLABORATIVE
DRUG THERAPY MANAGEMENT AND WHO IS EITHER EMPLOYED BY OR OTHERWISE
AFFILIATED WITH A FACILITY OR IS PARTICIPATING WITH A PRACTICING PHYSI-
CIAN OR NURSE PRACTITIONER shall be permitted to enter into a written
agreement or protocol with a physician, OR NURSE PRACTITIONER OR FACILI-
TY authorizing collaborative drug therapy management, subject to the
limitations set forth in this section, within the scope of such employ-
ment [or], affiliation OR PARTICIPATION. ONLY PHARMACISTS SO CERTIFIED
MAY ENGAGE IN COLLABORATIVE DRUG THERAPY MANAGEMENT AS DEFINED IN THIS
SECTION.
b. A participating pharmacist must[:
(i)(A) have been awarded either a master of science in clinical phar-
macy or a doctor of pharmacy degree;
(B)] maintain a current unrestricted license[;], and
[(C) have a minimum of two years experience, of which at least one
year of such experience shall include clinical experience in a health
facility, which involves consultation with physicians with respect to
drug therapy and may include a residency at a facility involving such
consultation; or
(ii)(A) have been awarded a bachelor of science in pharmacy;
(B) maintain a current unrestricted license; and
(C) within the last seven years, have a minimum of three years experi-
ence, of which at least one year of such experience shall include clin-
ical experience in a health facility, which involves consultation with
physicians with respect to drug therapy and may include a residency at a
facility involving such consultation; and
S. 4007--A 179 A. 3007--A
(iii) meet any additional education, experience, or other requirements
set forth by the department in consultation with the board] SHALL SATIS-
FY ANY TWO OF THE FOLLOWING CRITERIA:
(I) CERTIFICATION IN A RELEVANT AREA OF PRACTICE INCLUDING BUT NOT
LIMITED TO AMBULATORY CARE, CRITICAL CARE, GERIATRIC PHARMACY, NUCLEAR
PHARMACY, NUTRITION SUPPORT PHARMACY, ONCOLOGY PHARMACY, PEDIATRIC PHAR-
MACY, PHARMACOTHERAPY, OR PSYCHIATRIC PHARMACY, FROM A NATIONAL ACCRED-
ITING BODY AS APPROVED BY THE DEPARTMENT;
(II) POSTGRADUATE RESIDENCY THROUGH AN ACCREDITED POSTGRADUATE PROGRAM
REQUIRING AT LEAST FIFTY PERCENT OF THE EXPERIENCE BE IN DIRECT PATIENT
CARE SERVICES WITH INTERDISCIPLINARY TERMS; OR
(III) HAVE PROVIDED CLINICAL SERVICES TO PATIENTS FOR AT LEAST ONE
YEAR EITHER:
(A) UNDER A COLLABORATIVE PRACTICE AGREEMENT OR PROTOCOL WITH A PHYSI-
CIAN, NURSE PRACTITIONER OR FACILITY; OR
(B) HAVE DOCUMENTED EXPERIENCE IN PROVISION OF CLINICAL SERVICES TO
PATIENTS FOR AT LEAST ONE YEAR OR ONE THOUSAND HOURS, AND DEEMED ACCEPT-
ABLE TO THE DEPARTMENT UPON RECOMMENDATION OF THE BOARD OF PHARMACY.
c. Notwithstanding any provision of law, nothing in this section shall
prohibit a licensed pharmacist from engaging in clinical services asso-
ciated with collaborative drug therapy management, in order to gain
experience necessary to qualify under [clause (C) of subparagraph (i) or
(ii) of paragraph b] CLAUSE (B) OF SUBPARAGRAPH (III) OF PARAGRAPH B of
this subdivision, provided that such practice is under the supervision
of a pharmacist that currently meets the referenced requirement, and
that such practice is authorized under the written agreement or protocol
with the physician OR NURSE PRACTITIONER OR FACILITY.
d. Notwithstanding any provision of this section, nothing herein shall
authorize the pharmacist to diagnose disease. In the event that a treat-
ing physician OR NURSE PRACTITIONER may disagree with the exercise of
professional judgment by a pharmacist, the judgment of the treating
physician OR NURSE PRACTITIONER shall prevail.
3. [The physician who is a party to a written agreement or protocol
authorizing collaborative drug therapy management shall be employed by
or otherwise affiliated with the same facility with which the pharmacist
is also employed or affiliated.
4. The existence of a written agreement or protocol on collaborative
drug therapy management and the patient's right to choose to not partic-
ipate in collaborative drug therapy management shall be disclosed to any
patient who is eligible to receive collaborative drug therapy manage-
ment. Collaborative drug therapy management shall not be utilized unless
the patient or the patient's authorized representative consents, in
writing, to such management. If the patient or the patient's authorized
representative consents, it shall be noted on the patient's medical
record. If the patient or the patient's authorized representative who
consented to collaborative drug therapy management chooses to no longer
participate in such management, at any time, it shall be noted on the
patient's medical record. In addition, the existence of the written
agreement or protocol and the patient's consent to such management shall
be disclosed to the patient's primary physician and any other treating
physician or healthcare provider.
5.] A PHARMACIST WHO IS CERTIFIED BY THE DEPARTMENT TO ENGAGE IN
COLLABORATIVE DRUG THERAPY MANAGEMENT MAY ENTER INTO A WRITTEN COLLABO-
RATIVE PRACTICE AGREEMENT OR PROTOCOL WITH A PHYSICIAN, NURSE PRACTI-
TIONER OR FACILITY AND MAY PRACTICE AS AN INDEPENDENT PHARMACIST OR AS
AN EMPLOYEE OF A PHARMACY OR OTHER HEALTH CARE PROVIDER. IN A FACILITY,
S. 4007--A 180 A. 3007--A
THE PHYSICIAN OR NURSE PRACTITIONER AND THE PHARMACIST WHO ARE PARTIES
TO A WRITTEN AGREEMENT OR PROTOCOL AUTHORIZING COLLABORATIVE DRUG THERA-
PY MANAGEMENT SHALL BE EMPLOYED BY OR BE OTHERWISE AFFILIATED WITH THE
FACILITY.
4. Participation in a written agreement or protocol authorizing colla-
borative drug therapy management shall be voluntary, and no patient,
physician, NURSE PRACTITIONER, pharmacist, or facility shall be required
to participate.
[6. Nothing in this section shall be deemed to limit the scope of
practice of pharmacy nor be deemed to limit the authority of pharmacists
and physicians to engage in medication management prior to the effective
date of this section and to the extent authorized by law.]
§ 10. Section 6601 of the education law, as amended by chapter 576 of
the laws of 2001, is amended to read as follows:
§ 6601. Definition of practice of dentistry. The practice of the
profession of dentistry is defined as diagnosing, treating, operating,
or prescribing for any disease, pain, injury, deformity, or physical
condition of the oral and maxillofacial area related to restoring and
maintaining dental health. The practice of dentistry includes the
prescribing and fabrication of dental prostheses and appliances. The
practice of dentistry may include performing physical evaluations in
conjunction with the provision of dental treatment. THE PRACTICE OF
DENTISTRY MAY ALSO INCLUDE ORDERING AND ADMINISTERING HIV AND HEPATITIS
C SCREENING TESTS OR DIAGNOSTIC TESTS AUTHORIZED BY THE FOOD AND DRUG
ADMINISTRATION (FDA) AND SUBJECT TO CERTIFICATE OF WAIVER REQUIREMENTS
ESTABLISHED PURSUANT TO THE FEDERAL CLINICAL LABORATORY IMPROVEMENT ACT
OF NINETEEN HUNDRED EIGHTY-EIGHT.
§ 11. Subdivision 4 of section 6909 of the education law is amended by
adding four new paragraphs (i), (j), (k) and (l) to read as follows:
(I) THE ORDERING OF ASTHMA SELF-MANAGEMENT EDUCATION AND HOME-BASED
ASTHMA SERVICES.
(J) THE URGENT OR EMERGENCY TREATMENT OF ASTHMA.
(K) PROVIDING STOOL TESTS TO SCREEN FOR COLORECTAL CANCER.
(L) THE ORDERING OF DIABETES SELF-MANAGEMENT EDUCATION AND SUPPORT.
§ 12. Subdivision 6 of section 6527 of the education law is amended by
adding four new paragraphs (i), (j), (k) and (l) to read as follows:
(I) THE ORDERING OF ASTHMA SELF-MANAGEMENT EDUCATION AND HOME-BASED
ASTHMA SERVICES.
(J) THE URGENT OR EMERGENCY TREATMENT OF ASTHMA.
(K) PROVIDING STOOL TESTS TO SCREEN FOR COLORECTAL CANCER.
(L) THE ORDERING OF DIABETES SELF-MANAGEMENT EDUCATION AND SUPPORT.
§ 13. Section 6801 of the education law is amended by adding a new
subdivision 12 to read as follows:
12. A LICENSED PHARMACIST WITHIN THEIR LAWFUL SCOPE OF PRACTICE MAY
ORDER DIABETES SELF-MANAGEMENT EDUCATION AND SUPPORT AND ASTHMA SELF-
MANAGEMENT EDUCATION AND HOME-BASED ASTHMA SERVICES FOR PATIENTS, AND
ANY OTHER SERVICES AUTHORIZED IN REGULATION BY THE COMMISSIONER IN
COLLABORATION WITH THE COMMISSIONER OF HEALTH.
§ 14. Paragraph (q) of subdivision 2 of section 365-a of the social
services law, as amended by section 35 of part B of chapter 58 of the
laws of 2010, is amended to read as follows:
(q) diabetes self-management training services for persons diagnosed
with diabetes when such services are ordered by a physician, registered
physician assistant, registered nurse practitioner, LICENSED PHARMACIST
or licensed midwife and provided by a licensed, registered, or certified
health care professional, as determined by the commissioner of health,
S. 4007--A 181 A. 3007--A
who is certified as a diabetes educator by the National Certification
Board for Diabetes Educators, or a successor national certification
board, or provided by such a professional who is affiliated with a
program certified by the American Diabetes Association, the American
Association of Diabetes Educators, the Indian Health Services, or any
other national accreditation organization approved by the federal
centers for medicare and medicaid services; provided, however, that the
provisions of this paragraph shall not take effect unless all necessary
approvals under federal law and regulation have been obtained to receive
federal financial participation in the costs of health care services
provided pursuant to this paragraph. Nothing in this paragraph shall be
construed to modify any licensure, certification or scope of practice
provision under title eight of the education law.
§ 15. Paragraph (r) of subdivision 2 of section 365-a of the social
services law, as added by section 32 of part C of chapter 58 of the laws
of 2008, is amended to read as follows:
(r) asthma self-management training services for persons diagnosed
with asthma when such services are ordered by a physician, registered
physician's assistant, registered nurse practitioner, REGISTERED
PROFESSIONAL NURSE, LICENSED PHARMACIST or licensed midwife and provided
by a licensed, registered, or certified health care professional, as
determined by the commissioner of health, who is certified as an asthma
educator by the National Asthma Educator Certification Board, or a
successor national certification board; provided, however, that the
provisions of this paragraph shall not take effect unless all necessary
approvals under federal law and regulation have been obtained to receive
federal financial participation in the costs of health care services
provided pursuant to this paragraph. Nothing in this paragraph shall be
construed to modify any licensure, certification or scope of practice
provision under title eight of the education law.
§ 16. Paragraph (v) of subdivision 2 of section 365-a of the social
services law, as added by section 4 of part B of chapter 58 of the laws
of 2010, is amended to read as follows:
(v) ORDERING AND administration of vaccinations [in a pharmacy], MEDI-
CATIONS, SELF-MANAGEMENT EDUCATION, AND HOME-BASED SERVICES by a [certi-
fied] LICENSED pharmacist within [his or her] THEIR scope of practice.
§ 17. Section 6542 of the education law, as amended by chapter 48 of
the laws of 2012, subdivisions 3 and 5 as amended by section 1 of part T
of chapter 57 of the laws of 2013, is amended to read as follows:
§ 6542. Performance of medical services. 1. Notwithstanding any other
provision of law, a physician assistant may perform medical services,
but only when under the supervision of a physician and only when such
acts and duties as are assigned to him or her are within the scope of
practice of such supervising physician UNLESS OTHERWISE PERMITTED BY
THIS SECTION.
1-A. A PHYSICIAN ASSISTANT MAY PRACTICE WITHOUT THE SUPERVISION OF A
PHYSICIAN UNDER THE FOLLOWING CIRCUMSTANCES:
A. WHERE THE PHYSICIAN ASSISTANT, LICENSED UNDER SECTION SIXTY-FIVE
HUNDRED FORTY-ONE OF THIS ARTICLE HAS PRACTICED FOR MORE THAN EIGHT
THOUSAND HOURS AND:
(I) IS PRACTICING IN PRIMARY CARE. FOR PURPOSES OF THIS PARAGRAPH,
"PRIMARY CARE" SHALL MEAN NON-SURGICAL CARE IN THE FIELDS OF GENERAL
PEDIATRICS, GENERAL ADULT MEDICINE, GENERAL GERIATRIC MEDICINE, GENERAL
INTERNAL MEDICINE, OBSTETRICS AND GYNECOLOGY, FAMILY MEDICINE, OR SUCH
OTHER RELATED AREAS AS DETERMINED BY THE COMMISSIONER OF HEALTH; OR
S. 4007--A 182 A. 3007--A
(II) IS EMPLOYED BY A HEALTH SYSTEM OR HOSPITAL ESTABLISHED UNDER
ARTICLE TWENTY-EIGHT OF THE PUBLIC HEALTH LAW, AND THE HEALTH SYSTEM OR
HOSPITAL DETERMINES THE PHYSICIAN ASSISTANT MEETS THE QUALIFICATIONS OF
THE MEDICAL STAFF BYLAWS AND THE HEALTH SYSTEM OR HOSPITAL GIVES THE
PHYSICIAN ASSISTANT PRIVILEGES;
B. WHERE A PHYSICIAN ASSISTANT LICENSED UNDER SECTION SIXTY-FIVE
HUNDRED FORTY-ONE OF THIS ARTICLE HAS COMPLETED A PROGRAM APPROVED BY
THE DEPARTMENT OF HEALTH, IN CONSULTATION WITH THE DEPARTMENT, WHEN SUCH
SERVICES ARE PERFORMED WITHIN THE SCOPE OF SUCH PROGRAM.
C. THE DEPARTMENT AND THE DEPARTMENT OF HEALTH ARE AUTHORIZED TO
PROMULGATE AND UPDATE REGULATIONS PURSUANT TO THIS SECTION.
2. [Supervision] WHERE SUPERVISION IS REQUIRED BY THIS SECTION, IT
shall be continuous but shall not be construed as necessarily requiring
the physical presence of the supervising physician at the time and place
where such services are performed.
3. [No physician shall employ or supervise more than four physician
assistants in his or her private practice.
4.] Nothing in this article shall prohibit a hospital from employing
physician assistants provided they [work under the supervision of a
physician designated by the hospital and not beyond the scope of prac-
tice of such physician. The numerical limitation of subdivision three of
this section shall not apply to services performed in a hospital.
5. Notwithstanding any other provision of this article, nothing shall
prohibit a physician employed by or rendering services to the department
of corrections and community supervision under contract from supervising
no more than six physician assistants in his or her practice for the
department of corrections and community supervision.
6. Notwithstanding any other provision of law, a trainee in an
approved program may perform medical services when such services are
performed within the scope of such program.] MEET THE QUALIFICATIONS OF
THE MEDICAL STAFF BYLAWS AND ARE GIVEN PRIVILEGES AND OTHERWISE MEET THE
REQUIREMENTS OF THIS SECTION.
4. A PHYSICIAN ASSISTANT SHALL BE AUTHORIZED TO PRESCRIBE, DISPENSE,
ORDER, ADMINISTER, OR PROCURE ITEMS NECESSARY TO COMMENCE OR COMPLETE A
COURSE OF THERAPY.
5. A PHYSICIAN ASSISTANT MAY PRESCRIBE AND ORDER A PATIENT SPECIFIC
ORDER OR NON-PATIENT SPECIFIC REGIMEN TO A LICENSED PHARMACIST OR REGIS-
TERED PROFESSIONAL NURSE, PURSUANT TO REGULATIONS PROMULGATED BY THE
COMMISSIONER OF HEALTH, AND CONSISTENT WITH THE PUBLIC HEALTH LAW, FOR
ADMINISTERING IMMUNIZATIONS. NOTHING IN THIS SUBDIVISION SHALL AUTHORIZE
UNLICENSED PERSONS TO ADMINISTER IMMUNIZATIONS, VACCINES OR OTHER DRUGS.
6. WHERE A PHYSICIAN ASSISTANT LICENSED UNDER SECTION SIXTY-FIVE
HUNDRED FORTY-ONE OF THIS ARTICLE HAS COMPLETED A PROGRAM APPROVED BY
THE DEPARTMENT OF HEALTH, IN CONSULTATION WITH THE DEPARTMENT, WHEN SUCH
SERVICES ARE PERFORMED WITHIN THE SCOPE OF SUCH PROGRAM.
7. Nothing in this article, or in article thirty-seven of the public
health law, shall be construed to authorize physician assistants to
perform those specific functions and duties specifically delegated by
law to those persons licensed as allied health professionals under the
public health law or this chapter.
§ 18. Subdivision 1 of section 3701 of the public health law, as
amended by chapter 48 of the laws of 2012, is amended to read as
follows:
1. to promulgate regulations defining and restricting the duties
[which may be assigned to] OF physician assistants [by their supervising
physician, the degree of supervision required and the manner in which
S. 4007--A 183 A. 3007--A
such duties may be performed] CONSISTENT WITH SECTION SIXTY-FIVE HUNDRED
FORTY-TWO OF THE EDUCATION LAW.;
§ 19. Section 3702 of the public health law, as amended by chapter 48
of the laws of 2012, is amended to read as follows:
§ 3702. Special provisions. 1. Inpatient medical orders. A licensed
physician assistant employed or extended privileges by a hospital may,
if permissible under the bylaws, rules and regulations of the hospital,
write medical orders, including those for controlled substances AND
DURABLE MEDICAL EQUIPMENT, for inpatients [under the care of the physi-
cian responsible for his or her supervision. Countersignature of such
orders may be required if deemed necessary and appropriate by the super-
vising physician or the hospital, but in no event shall countersignature
be required prior to execution].
2. Withdrawing blood. A licensed physician assistant or certified
nurse practitioner acting within his or her lawful scope of practice may
supervise and direct the withdrawal of blood for the purpose of deter-
mining the alcoholic or drug content therein under subparagraph one of
paragraph (a) of subdivision four of section eleven hundred ninety-four
of the vehicle and traffic law, notwithstanding any provision to the
contrary in clause (ii) of such subparagraph.
3. Prescriptions for controlled substances. A licensed physician
assistant, in good faith and acting within his or her lawful scope of
practice, and to the extent assigned by his or her supervising physician
AS APPLICABLE BY SECTION SIXTY-FIVE HUNDRED FORTY-TWO OF THE EDUCATION
LAW, may prescribe controlled substances as a practitioner under article
thirty-three of this chapter, to patients under the care of such physi-
cian responsible for his or her supervision. The commissioner, in
consultation with the commissioner of education, may promulgate such
regulations as are necessary to carry out the purposes of this section.
§ 20. Section 3703 of the public health law, as amended by chapter 48
of the laws of 2012, is amended to read as follows:
§ 3703. Statutory construction. A physician assistant may perform any
function in conjunction with a medical service lawfully performed by the
physician assistant, in any health care setting, that a statute author-
izes or directs a physician to perform and that is appropriate to the
education, training and experience of the licensed physician assistant
and within the ordinary practice of the supervising physician, AS APPLI-
CABLE PURSUANT TO SECTION SIXTY-FIVE HUNDRED FORTY-TWO OF THE EDUCATION
LAW. This section shall not be construed to increase or decrease the
lawful scope of practice of a physician assistant under the education
law.
§ 21. Paragraph a of subdivision 2 of section 902 of the education
law, as amended by chapter 376 of the laws of 2015, is amended to read
as follows:
a. The board of education, and the trustee or board of trustees of
each school district, shall employ, at a compensation to be agreed upon
by the parties, a qualified physician, A PHYSICIAN ASSISTANT, or a nurse
practitioner to the extent authorized by the nurse practice act and
consistent with subdivision three of section six thousand nine hundred
two of this chapter, to perform the duties of the director of school
health services, including any duties conferred on the school physician
or school medical inspector under any provision of law, to perform and
coordinate the provision of health services in the public schools and to
provide health appraisals of students attending the public schools in
the city or district. The physicians, PHYSICIANS ASSISTANTS or nurse
S. 4007--A 184 A. 3007--A
practitioners so employed shall be duly licensed pursuant to applicable
law.
§ 22. Subdivision 5 of section 6810 of the education law, as added by
chapter 881 of the laws of 1972, is amended to read as follows:
5. Records of all prescriptions filled or refilled shall be maintained
for a period of at least five years and upon request made available for
inspection and copying by a representative of the department. Such
records shall indicate date of filling or refilling, [doctor's]
PRESCRIBER'S name, patient's name and address and the name or initials
of the pharmacist who prepared, compounded, or dispensed the
prescription. Records of prescriptions for controlled substances shall
be maintained pursuant to requirements of article thirty-three of the
public health law.
§ 23. Subdivision 27 of section 3302 of the public health law, as
amended by chapter 92 of the laws of 2021, is amended to read as
follows:
27. "Practitioner" means:
A physician, PHYSICIAN ASSISTANT, dentist, podiatrist, veterinarian,
scientific investigator, or other person licensed, or otherwise permit-
ted to dispense, administer or conduct research with respect to a
controlled substance in the course of a licensed professional practice
or research licensed pursuant to this article. Such person shall be
deemed a "practitioner" only as to such substances, or conduct relating
to such substances, as is permitted by [his] THEIR license, permit or
otherwise permitted by law.
§ 24. Paragraph b of subdivision 2 of section 6908 of the education
law, as added by chapter 471 of the laws of 2016, is amended to read as
follows:
b. provide that advanced tasks performed by advanced home health aides
may be performed only under the [direct] supervision of a registered
professional nurse licensed in New York state, as set forth in this
subdivision and subdivision eight of section sixty-nine hundred nine of
this article, where such nurse is employed by a home care services agen-
cy licensed or certified pursuant to article thirty-six of the public
health law, a hospice program certified pursuant to article forty of the
public health law, or an enhanced assisted living residence licensed
pursuant to article seven of the social services law and certified
pursuant to article forty-six-B of the public health law. Such nursing
supervision shall:
(i) include training and periodic assessment of the performance of
advanced tasks;
(ii) be determined by the registered professional nurse responsible
for supervising such advanced tasks based upon the complexity of such
advanced tasks, the skill and experience of the advanced home health
aide, and the health status of the individual for whom such advanced
tasks are being performed;
(iii) include a comprehensive initial and thereafter regular and ongo-
ing assessment of the individual's needs;
(iv) include as a requirement that the supervising registered profes-
sional nurse shall visit individuals receiving services for the purpose
of supervising the services provided by advanced home health aides [no
less than once every two weeks] and include as a requirement that a
registered professional nurse shall be available by telephone to the
advanced home health aide twenty-four hours a day, seven days a week,
provided that a registered professional nurse shall be available to
S. 4007--A 185 A. 3007--A
visit an individual receiving services as necessary to protect the
health and safety of such individual; and
(v) as shall be specified by the commissioner, be provided in a manner
that takes into account individual care needs, case mix complexity and
geographic considerations and provide that the number of individuals
served by a supervising registered professional nurse is reasonable and
prudent.
§ 25. Subparagraph (i) of paragraph (c) of subdivision 8 of section
6909 of the education law, as added by chapter 471 of the laws of 2016,
is amended to read as follows:
(i) visit individuals receiving services for the purpose of supervis-
ing the services provided by advanced home health aides [no less than
once every two weeks]; and
§ 26. Subdivision (b) of section 12 of chapter 471 of the laws of 2016
amending the education law and the public health law relating to author-
izing certain advanced home health aides to perform certain advanced
tasks, is amended to read as follows:
b. this act shall expire and be deemed repealed March 31, [2023] 2029.
§ 27. Section 6908 of the education law is amended by adding a new
subdivision 3 to read as follows:
3. THIS ARTICLE SHALL NOT BE CONSTRUED AS PROHIBITING MEDICATION
RELATED TASKS PROVIDED BY A CERTIFIED MEDICATION AIDE IN ACCORDANCE WITH
REGULATIONS DEVELOPED BY THE COMMISSIONER, IN CONSULTATION WITH THE
COMMISSIONER OF HEALTH. AT A MINIMUM, SUCH REGULATIONS SHALL:
A. SPECIFY THE MEDICATION-RELATED TASKS THAT MAY BE PERFORMED BY
CERTIFIED MEDICATION AIDES PURSUANT TO THIS SUBDIVISION. SUCH TASKS
SHALL INCLUDE THE ADMINISTRATION OF MEDICATIONS WHICH ARE ROUTINE AND
PRE-FILLED OR OTHERWISE PACKAGED IN A MANNER THAT PROMOTES RELATIVE EASE
OF ADMINISTRATION, PROVIDED THAT ADMINISTRATION OF MEDICATIONS BY
INJECTION, STERILE PROCEDURES, AND CENTRAL LINE MAINTENANCE SHALL BE
PROHIBITED. PROVIDED, HOWEVER, SUCH PROHIBITION SHALL NOT APPLY TO
INJECTIONS OF INSULIN OR OTHER INJECTIONS FOR DIABETES CARE, TO
INJECTIONS OF LOW MOLECULAR WEIGHT HEPARIN, AND TO PRE-FILLED AUTO-IN-
JECTIONS OF NALOXONE AND EPINEPHRINE FOR EMERGENCY PURPOSES, AND
PROVIDED, FURTHER, THAT ENTITIES EMPLOYING CERTIFIED MEDICATION AIDES
PURSUANT TO THIS SUBDIVISION SHALL ESTABLISH A SYSTEMATIC APPROACH TO
ADDRESS DRUG DIVERSION;
B. PROVIDE THAT MEDICATION-RELATED TASKS PERFORMED BY CERTIFIED MEDI-
CATION AIDES MAY BE PERFORMED ONLY UNDER THE SUPERVISION OF A REGISTERED
PROFESSIONAL NURSE LICENSED IN NEW YORK STATE, AS SET FORTH IN THIS
SUBDIVISION AND SUBDIVISION ELEVEN OF SECTION SIXTY-NINE HUNDRED NINE OF
THIS ARTICLE, WHERE SUCH NURSE IS EMPLOYED BY A RESIDENTIAL HEALTH CARE
FACILITY LICENSED PURSUANT TO ARTICLE TWENTY-EIGHT OF THE PUBLIC HEALTH
LAW;
C. ESTABLISH A PROCESS BY WHICH A REGISTERED PROFESSIONAL NURSE MAY
ASSIGN MEDICATION-RELATED TASKS TO A CERTIFIED MEDICATION AIDE. SUCH
PROCESS SHALL INCLUDE, BUT NOT BE LIMITED TO:
(I) ALLOWING ASSIGNMENT OF MEDICATION-RELATED TASKS TO A CERTIFIED
MEDICATION AIDE ONLY WHERE SUCH CERTIFIED MEDICATION AIDE HAS DEMON-
STRATED TO THE SATISFACTION OF THE SUPERVISING REGISTERED PROFESSIONAL
NURSE COMPETENCY IN EVERY MEDICATION-RELATED TASK THAT SUCH CERTIFIED
MEDICATION AIDE IS AUTHORIZED TO PERFORM, A WILLINGNESS TO PERFORM SUCH
MEDICATION-RELATED TASKS, AND THE ABILITY TO EFFECTIVELY AND EFFICIENTLY
COMMUNICATE WITH THE INDIVIDUAL RECEIVING SERVICES AND UNDERSTAND SUCH
INDIVIDUAL'S NEEDS;
S. 4007--A 186 A. 3007--A
(II) AUTHORIZING THE SUPERVISING REGISTERED PROFESSIONAL NURSE TO
REVOKE ANY ASSIGNED MEDICATION-RELATED TASK FROM A CERTIFIED MEDICATION
AIDE FOR ANY REASON; AND
(III) AUTHORIZING MULTIPLE REGISTERED PROFESSIONAL NURSES TO JOINTLY
AGREE TO ASSIGN MEDICATION-RELATED TASKS TO A CERTIFIED MEDICATION AIDE,
PROVIDED FURTHER THAT ONLY ONE REGISTERED PROFESSIONAL NURSE SHALL BE
REQUIRED TO DETERMINE IF THE CERTIFIED MEDICATION AIDE HAS DEMONSTRATED
COMPETENCY IN THE MEDICATION-RELATED TASK TO BE PERFORMED;
D. PROVIDE THAT MEDICATION-RELATED TASKS MAY BE PERFORMED ONLY IN
ACCORDANCE WITH AND PURSUANT TO AN AUTHORIZED HEALTH PRACTITIONER'S
ORDERED CARE;
E. PROVIDE THAT ONLY A CERTIFIED NURSE AIDE MAY PERFORM MEDICATION-RE-
LATED TASKS AS A CERTIFIED MEDICATION AIDE WHEN SUCH AIDE HAS:
(I) A VALID NEW YORK STATE NURSE AIDE CERTIFICATE;
(II) A HIGH SCHOOL DIPLOMA, GED OR SIMILAR EDUCATION CREDENTIAL;
(III) EVIDENCE OF BEING AT LEAST EIGHTEEN YEARS OLD;
(IV) AT LEAST ONE YEAR OF EXPERIENCE PROVIDING NURSE AIDE SERVICES IN
AN ARTICLE TWENTY-EIGHT RESIDENTIAL HEALTH CARE FACILITY;
(V) THE ABILITY TO READ, WRITE, AND SPEAK ENGLISH AND TO PERFORM BASIC
MATH SKILLS;
(VI) COMPLETED THE REQUISITE TRAINING AND DEMONSTRATED COMPETENCIES OF
A CERTIFIED MEDICATION AIDE AS DETERMINED BY THE COMMISSIONER IN CONSUL-
TATION WITH THE COMMISSIONER OF HEALTH;
(VII) SUCCESSFULLY COMPLETED COMPETENCY EXAMINATIONS SATISFACTORY TO
THE COMMISSIONER IN CONSULTATION WITH THE COMMISSIONER OF HEALTH; AND
(VIII) MEETS OTHER APPROPRIATE QUALIFICATIONS AS DETERMINED BY THE
COMMISSIONER IN CONSULTATION WITH THE COMMISSIONER OF HEALTH;
F. PROHIBIT A CERTIFIED MEDICATION AIDE FROM HOLDING THEMSELF OUT, OR
ACCEPTING EMPLOYMENT AS, A PERSON LICENSED TO PRACTICE NURSING UNDER THE
PROVISIONS OF THIS ARTICLE;
G. PROVIDE THAT A CERTIFIED MEDICATION AIDE IS NOT REQUIRED NOR
PERMITTED TO ASSESS THE MEDICATION OR MEDICAL NEEDS OF AN INDIVIDUAL;
H. PROVIDE THAT A CERTIFIED MEDICATION AIDE SHALL NOT BE AUTHORIZED TO
PERFORM ANY MEDICATION-RELATED TASKS OR ACTIVITIES PURSUANT TO THIS
SUBDIVISION THAT ARE OUTSIDE THE SCOPE OF PRACTICE OF A LICENSED PRACTI-
CAL NURSE OR ANY MEDICATION-RELATED TASKS THAT HAVE NOT BEEN APPROPRI-
ATELY ASSIGNED BY THE SUPERVISING REGISTERED PROFESSIONAL NURSE;
I. PROVIDE THAT A CERTIFIED MEDICATION AIDE SHALL DOCUMENT ALL MEDICA-
TION-RELATED TASKS PROVIDED TO AN INDIVIDUAL, INCLUDING MEDICATION
ADMINISTRATION TO EACH INDIVIDUAL THROUGH THE USE OF A MEDICATION ADMIN-
ISTRATION RECORD; AND
J. PROVIDE THAT THE SUPERVISING REGISTERED PROFESSIONAL NURSE SHALL
RETAIN THE DISCRETION TO DECIDE WHETHER TO ASSIGN MEDICATION-RELATED
TASKS TO CERTIFIED MEDICATION AIDES UNDER THIS PROGRAM AND SHALL NOT BE
SUBJECT TO COERCION, RETALIATION, OR THE THREAT OF RETALIATION.
§ 28. Section 6909 of the education law is amended by adding a new
subdivision 11 to read as follows:
11. A REGISTERED PROFESSIONAL NURSE, WHILE WORKING FOR A RESIDENTIAL
HEALTH CARE FACILITY LICENSED PURSUANT TO ARTICLE TWENTY-EIGHT OF THE
PUBLIC HEALTH LAW, MAY, IN ACCORDANCE WITH THIS SUBDIVISION, ASSIGN
CERTIFIED MEDICATION AIDES TO PERFORM MEDICATION-RELATED TASKS FOR INDI-
VIDUALS PURSUANT TO THE PROVISIONS OF SUBDIVISION THREE OF SECTION
SIXTY-NINE HUNDRED EIGHT OF THIS ARTICLE AND SUPERVISE CERTIFIED MEDICA-
TION AIDES WHO PERFORM ASSIGNED MEDICATION-RELATED TASKS.
S. 4007--A 187 A. 3007--A
§ 29. Paragraph (a) of subdivision 3 of section 2803-j of the public
health law, as added by chapter 717 of the laws of 1989, is amended to
read as follows:
(a) Identification of individuals who have successfully completed a
nurse aide training and competency evaluation program, [or] a nurse aide
competency evaluation program, OR A MEDICATION AIDE PROGRAM;
§ 30. The education law is amended by adding a new article 169 to read
as follows:
ARTICLE 169
INTERSTATE MEDICAL LICENSURE COMPACT
SECTION 8860. SHORT TITLE.
8861. PURPOSE.
8862. DEFINITIONS.
8863. ELIGIBILITY.
8864. DESIGNATION OF STATE OF PRINCIPAL LICENSE.
8865. APPLICATION AND ISSUANCE OF EXPEDITED LICENSURE.
8866. FEES FOR EXPEDITED LICENSURE.
8867. RENEWAL AND CONTINUED PARTICIPATION.
8868. COORDINATED INFORMATION SYSTEM.
8869. JOINT INVESTIGATIONS.
8870. DISCIPLINARY ACTIONS.
8871. INTERSTATE MEDICAL LICENSURE COMPACT COMMISSION.
8872. POWERS AND DUTIES OF THE INTERSTATE COMMISSION.
8873. FINANCE POWERS.
8874. ORGANIZATION AND OPERATION OF THE INTERSTATE COMMISSION.
8875. RULEMAKING FUNCTIONS OF THE INTERSTATE COMMISSION.
8876. OVERSIGHT OF INTERSTATE COMPACT.
8877. ENFORCEMENT OF INTERSTATE COMPACT.
8878. DEFAULT PROCEDURES.
8879. DISPUTE RESOLUTION.
8880. MEMBER STATES, EFFECTIVE DATE AND AMENDMENT.
8881. WITHDRAWAL.
8882. DISSOLUTION.
8883. SEVERABILITY AND CONSTRUCTION.
8884. BINDING EFFECT OF COMPACT AND OTHER LAWS.
§ 8860. SHORT TITLE. THIS ARTICLE SHALL BE KNOWN AND MAY BE CITED AS
THE "INTERSTATE MEDICAL LICENSURE COMPACT".
§ 8861. PURPOSE. IN ORDER TO STRENGTHEN ACCESS TO HEALTH CARE, AND IN
RECOGNITION OF THE ADVANCES IN THE DELIVERY OF HEALTH CARE, THE MEMBER
STATES OF THE INTERSTATE MEDICAL LICENSURE COMPACT HAVE ALLIED IN COMMON
PURPOSE TO DEVELOP A COMPREHENSIVE PROCESS THAT COMPLEMENTS THE EXISTING
LICENSING AND REGULATORY AUTHORITY OF STATE MEDICAL BOARDS, PROVIDES A
STREAMLINED PROCESS THAT ALLOWS PHYSICIANS TO BECOME LICENSED IN MULTI-
PLE STATES, THEREBY ENHANCING THE PORTABILITY OF A MEDICAL LICENSE AND
ENSURING THE SAFETY OF PATIENTS. THE COMPACT CREATES ANOTHER PATHWAY
FOR LICENSURE AND DOES NOT OTHERWISE CHANGE A STATE'S EXISTING MEDICAL
PRACTICE ACT. THE COMPACT ALSO ADOPTS THE PREVAILING STANDARD FOR LICEN-
SURE AND AFFIRMS THAT THE PRACTICE OF MEDICINE OCCURS WHERE THE PATIENT
IS LOCATED AT THE TIME OF THE PHYSICIAN-PATIENT ENCOUNTER, AND THERE-
FORE, REQUIRES THE PHYSICIAN TO BE UNDER THE JURISDICTION OF THE STATE
MEDICAL BOARD WHERE THE PATIENT IS LOCATED. STATE MEDICAL BOARDS THAT
PARTICIPATE IN THE COMPACT RETAIN THE JURISDICTION TO IMPOSE AN ADVERSE
ACTION AGAINST A LICENSE TO PRACTICE MEDICINE IN THAT STATE ISSUED TO A
PHYSICIAN THROUGH THE PROCEDURES IN THE COMPACT.
§ 8862. DEFINITIONS. IN THIS COMPACT:
S. 4007--A 188 A. 3007--A
1. "BYLAWS" MEANS THOSE BYLAWS ESTABLISHED BY THE INTERSTATE COMMIS-
SION PURSUANT TO SECTION EIGHTY-EIGHT HUNDRED SEVENTY-ONE OF THIS ARTI-
CLE FOR ITS GOVERNANCE, OR FOR DIRECTING AND CONTROLLING ITS ACTIONS AND
CONDUCT.
2. "COMMISSIONER" MEANS THE VOTING REPRESENTATIVE APPOINTED BY EACH
MEMBER BOARD PURSUANT TO SECTION EIGHTY-EIGHT HUNDRED SEVENTY-ONE OF
THIS ARTICLE.
3. "CONVICTION" MEANS A FINDING BY A COURT THAT AN INDIVIDUAL IS GUIL-
TY OF A CRIMINAL OFFENSE THROUGH ADJUDICATION, OR ENTRY OF A PLEA OF
GUILT OR NO CONTEST TO THE CHARGE BY THE OFFENDER. EVIDENCE OF AN ENTRY
OF A CONVICTION OF A CRIMINAL OFFENSE BY THE COURT SHALL BE CONSIDERED
FINAL FOR PURPOSES OF DISCIPLINARY ACTION BY A MEMBER BOARD.
4. "EXPEDITED LICENSE" MEANS A FULL AND UNRESTRICTED MEDICAL LICENSE
GRANTED BY A MEMBER STATE TO AN ELIGIBLE PHYSICIAN THROUGH THE PROCESS
SET FORTH IN THE COMPACT.
5. "INTERSTATE COMMISSION" MEANS THE INTERSTATE COMMISSION CREATED
PURSUANT TO SECTION EIGHTY-EIGHT HUNDRED SEVENTY-ONE OF THIS ARTICLE.
6. "LICENSE" MEANS AUTHORIZATION BY A STATE FOR A PHYSICIAN TO ENGAGE
IN THE PRACTICE OF MEDICINE, WHICH WOULD BE UNLAWFUL WITHOUT THE AUTHOR-
IZATION.
7. "MEDICAL PRACTICE ACT" MEANS LAWS AND REGULATIONS GOVERNING THE
PRACTICE OF ALLOPATHIC AND OSTEOPATHIC MEDICINE WITHIN A MEMBER STATE.
8. "MEMBER BOARD" MEANS A STATE AGENCY IN A MEMBER STATE THAT ACTS IN
THE SOVEREIGN INTERESTS OF THE STATE BY PROTECTING THE PUBLIC THROUGH
LICENSURE, REGULATION, AND EDUCATION OF PHYSICIANS AS DIRECTED BY THE
STATE GOVERNMENT.
9. "MEMBER STATE" MEANS A STATE THAT HAS ENACTED THE COMPACT.
10. "PRACTICE OF MEDICINE" MEANS THE CLINICAL PREVENTION, DIAGNOSIS,
OR TREATMENT OF HUMAN DISEASE, INJURY, OR CONDITION REQUIRING A PHYSI-
CIAN TO OBTAIN AND MAINTAIN A LICENSE IN COMPLIANCE WITH THE MEDICAL
PRACTICE ACT OF A MEMBER STATE.
11. "PHYSICIAN" MEANS ANY PERSON WHO:
(A) IS A GRADUATE OF A MEDICAL SCHOOL ACCREDITED BY THE LIAISON
COMMITTEE ON MEDICAL EDUCATION, THE COMMISSION ON OSTEOPATHIC COLLEGE
ACCREDITATION, OR A MEDICAL SCHOOL LISTED IN THE INTERNATIONAL MEDICAL
EDUCATION DIRECTORY OR ITS EQUIVALENT;
(B) PASSED EACH COMPONENT OF THE UNITED STATES MEDICAL LICENSING EXAM-
INATION (USMLE) OR THE COMPREHENSIVE OSTEOPATHIC MEDICAL LICENSING EXAM-
INATION (COMLEX-USA) WITHIN THREE ATTEMPTS, OR ANY OF ITS PREDECESSOR
EXAMINATIONS ACCEPTED BY A STATE MEDICAL BOARD AS AN EQUIVALENT EXAMINA-
TION FOR LICENSURE PURPOSES;
(C) SUCCESSFULLY COMPLETED GRADUATE MEDICAL EDUCATION APPROVED BY THE
ACCREDITATION COUNCIL FOR GRADUATE MEDICAL EDUCATION OR THE AMERICAN
OSTEOPATHIC ASSOCIATION;
(D) HOLDS SPECIALTY CERTIFICATION OR A TIME-UNLIMITED SPECIALTY
CERTIFICATE RECOGNIZED BY THE AMERICAN BOARD OF MEDICAL SPECIALTIES OR
THE AMERICAN OSTEOPATHIC ASSOCIATION'S BUREAU OF OSTEOPATHIC SPECIAL-
ISTS;
(E) POSSESSES A FULL AND UNRESTRICTED LICENSE TO ENGAGE IN THE PRAC-
TICE OF MEDICINE ISSUED BY A MEMBER BOARD;
(F) HAS NEVER BEEN CONVICTED, RECEIVED ADJUDICATION, DEFERRED ADJUDI-
CATION, COMMUNITY SUPERVISION, OR DEFERRED DISPOSITION FOR ANY OFFENSE
BY A COURT OF APPROPRIATE JURISDICTION;
(G) HAS NEVER HELD A LICENSE AUTHORIZING THE PRACTICE OF MEDICINE
SUBJECTED TO DISCIPLINE BY A LICENSING AGENCY IN ANY STATE, FEDERAL, OR
S. 4007--A 189 A. 3007--A
FOREIGN JURISDICTION, EXCLUDING ANY ACTION RELATED TO NON-PAYMENT OF
FEES RELATED TO A LICENSE;
(H) HAS NEVER HAD A CONTROLLED SUBSTANCE LICENSE OR PERMIT SUSPENDED
OR REVOKED BY A STATE OR THE UNITED STATES DRUG ENFORCEMENT ADMINIS-
TRATION; AND
(I) IS NOT UNDER ACTIVE INVESTIGATION BY A LICENSING AGENCY OR LAW
ENFORCEMENT AUTHORITY IN ANY STATE, FEDERAL, OR FOREIGN JURISDICTION.
12. "OFFENSE" MEANS A FELONY, GROSS MISDEMEANOR, OR CRIME OF MORAL
TURPITUDE.
13. "RULE" MEANS A WRITTEN STATEMENT BY THE INTERSTATE COMMISSION
PROMULGATED PURSUANT TO SECTION EIGHTY-EIGHT HUNDRED SEVENTY-TWO OF THIS
ARTICLE THAT IS OF GENERAL APPLICABILITY, IMPLEMENTS, INTERPRETS, OR
PRESCRIBES A POLICY OR PROVISION OF THE COMPACT, OR AN ORGANIZATIONAL,
PROCEDURAL, OR PRACTICE REQUIREMENT OF THE INTERSTATE COMMISSION, AND
HAS THE FORCE AND EFFECT OF STATUTORY LAW IN A MEMBER STATE, AND
INCLUDES THE AMENDMENT, REPEAL, OR SUSPENSION OF AN EXISTING RULE.
14. "STATE" MEANS ANY STATE, COMMONWEALTH, DISTRICT, OR TERRITORY OF
THE UNITED STATES.
15. "STATE OF PRINCIPAL LICENSE" MEANS A MEMBER STATE WHERE A PHYSI-
CIAN HOLDS A LICENSE TO PRACTICE MEDICINE AND WHICH HAS BEEN DESIGNATED
AS SUCH BY THE PHYSICIAN FOR PURPOSES OF REGISTRATION AND PARTICIPATION
IN THE COMPACT.
§ 8863. ELIGIBILITY. 1. A PHYSICIAN MUST MEET THE ELIGIBILITY REQUIRE-
MENTS AS DEFINED IN SUBDIVISION ELEVEN OF SECTION EIGHTY-EIGHT HUNDRED
SIXTY-TWO OF THIS ARTICLE TO RECEIVE AN EXPEDITED LICENSE UNDER THE
TERMS AND PROVISIONS OF THE COMPACT.
2. A PHYSICIAN WHO DOES NOT MEET THE REQUIREMENTS OF SUBDIVISION ELEV-
EN OF SECTION EIGHTY-EIGHT HUNDRED SIXTY-TWO OF THIS ARTICLE MAY OBTAIN
A LICENSE TO PRACTICE MEDICINE IN A MEMBER STATE IF THE INDIVIDUAL
COMPLIES WITH ALL LAWS AND REQUIREMENTS, OTHER THAN THE COMPACT, RELAT-
ING TO THE ISSUANCE OF A LICENSE TO PRACTICE MEDICINE IN THAT STATE.
§ 8864. DESIGNATION OF STATE OF PRINCIPAL LICENSE. 1. A PHYSICIAN
SHALL DESIGNATE A MEMBER STATE AS THE STATE OF PRINCIPAL LICENSE FOR
PURPOSES OF REGISTRATION FOR EXPEDITED LICENSURE THROUGH THE COMPACT IF
THE PHYSICIAN POSSESSES A FULL AND UNRESTRICTED LICENSE TO PRACTICE
MEDICINE IN THAT STATE, AND THE STATE IS:
(A) THE STATE OF PRIMARY RESIDENCE FOR THE PHYSICIAN, OR
(B) THE STATE WHERE AT LEAST TWENTY-FIVE PERCENT OF THE PRACTICE OF
MEDICINE OCCURS, OR
(C) THE LOCATION OF THE PHYSICIAN'S EMPLOYER, OR
(D) IF NO STATE QUALIFIES UNDER PARAGRAPH (A), (B), OR (C) OF THIS
SUBDIVISION, THE STATE DESIGNATED AS STATE OF RESIDENCE FOR PURPOSE OF
FEDERAL INCOME TAX.
2. A PHYSICIAN MAY REDESIGNATE A MEMBER STATE AS STATE OF PRINCIPAL
LICENSE AT ANY TIME, AS LONG AS THE STATE MEETS THE REQUIREMENTS OF
SUBDIVISION ONE OF THIS SECTION.
3. THE INTERSTATE COMMISSION IS AUTHORIZED TO DEVELOP RULES TO FACILI-
TATE REDESIGNATION OF ANOTHER MEMBER STATE AS THE STATE OF PRINCIPAL
LICENSE.
§ 8865. APPLICATION AND ISSUANCE OF EXPEDITED LICENSURE. 1. A PHYSI-
CIAN SEEKING LICENSURE THROUGH THE COMPACT SHALL FILE AN APPLICATION FOR
AN EXPEDITED LICENSE WITH THE MEMBER BOARD OF THE STATE SELECTED BY THE
PHYSICIAN AS THE STATE OF PRINCIPAL LICENSE.
2. UPON RECEIPT OF AN APPLICATION FOR AN EXPEDITED LICENSE, THE MEMBER
BOARD WITHIN THE STATE SELECTED AS THE STATE OF PRINCIPAL LICENSE SHALL
EVALUATE WHETHER THE PHYSICIAN IS ELIGIBLE FOR EXPEDITED LICENSURE AND
S. 4007--A 190 A. 3007--A
ISSUE A LETTER OF QUALIFICATION, VERIFYING OR DENYING THE PHYSICIAN'S
ELIGIBILITY, TO THE INTERSTATE COMMISSION.
(A) STATIC QUALIFICATIONS, WHICH INCLUDE VERIFICATION OF MEDICAL
EDUCATION, GRADUATE MEDICAL EDUCATION, RESULTS OF ANY MEDICAL OR LICENS-
ING EXAMINATION, AND OTHER QUALIFICATIONS AS DETERMINED BY THE INTER-
STATE COMMISSION THROUGH RULE, SHALL NOT BE SUBJECT TO ADDITIONAL PRIMA-
RY SOURCE VERIFICATION WHERE ALREADY PRIMARY SOURCE VERIFIED BY THE
STATE OF PRINCIPAL LICENSE.
(B) THE MEMBER BOARD WITHIN THE STATE SELECTED AS THE STATE OF PRINCI-
PAL LICENSE SHALL, IN THE COURSE OF VERIFYING ELIGIBILITY, PERFORM A
CRIMINAL BACKGROUND CHECK OF AN APPLICANT, INCLUDING THE USE OF THE
RESULTS OF FINGERPRINT OR OTHER BIOMETRIC DATA CHECKS COMPLIANT WITH THE
REQUIREMENTS OF THE FEDERAL BUREAU OF INVESTIGATION, WITH THE EXCEPTION
OF FEDERAL EMPLOYEES WHO HAVE SUITABILITY DETERMINATION IN ACCORDANCE
WITH U.S. C.F.R. § 731.202.
(C) APPEAL ON THE DETERMINATION OF ELIGIBILITY SHALL BE MADE TO THE
MEMBER STATE WHERE THE APPLICATION WAS FILED AND SHALL BE SUBJECT TO THE
LAW OF THAT STATE.
3. UPON VERIFICATION UNDER SUBDIVISION TWO OF THIS SECTION, PHYSICIANS
ELIGIBLE FOR AN EXPEDITED LICENSE SHALL COMPLETE THE REGISTRATION PROC-
ESS ESTABLISHED BY THE INTERSTATE COMMISSION TO RECEIVE A LICENSE IN A
MEMBER STATE SELECTED PURSUANT TO SUBDIVISION ONE OF THIS SECTION,
INCLUDING THE PAYMENT OF ANY APPLICABLE FEES.
4. AFTER RECEIVING VERIFICATION OF ELIGIBILITY UNDER SUBDIVISION TWO
OF THIS SECTION AND ANY FEES UNDER SUBDIVISION THREE OF THIS SECTION, A
MEMBER BOARD SHALL ISSUE AN EXPEDITED LICENSE TO THE PHYSICIAN. THIS
LICENSE SHALL AUTHORIZE THE PHYSICIAN TO PRACTICE MEDICINE IN THE ISSU-
ING STATE CONSISTENT WITH THE MEDICAL PRACTICE ACT AND ALL APPLICABLE
LAWS AND REGULATIONS OF THE ISSUING MEMBER BOARD AND MEMBER STATE.
5. AN EXPEDITED LICENSE SHALL BE VALID FOR A PERIOD CONSISTENT WITH
THE LICENSURE PERIOD IN THE MEMBER STATE AND IN THE SAME MANNER AS
REQUIRED FOR OTHER PHYSICIANS HOLDING A FULL AND UNRESTRICTED LICENSE
WITHIN THE MEMBER STATE.
6. AN EXPEDITED LICENSE OBTAINED THOUGH THE COMPACT SHALL BE TERMI-
NATED IF A PHYSICIAN FAILS TO MAINTAIN A LICENSE IN THE STATE OF PRINCI-
PAL LICENSURE FOR A NON-DISCIPLINARY REASON, WITHOUT REDESIGNATION OF A
NEW STATE OF PRINCIPAL LICENSURE.
7. THE INTERSTATE COMMISSION IS AUTHORIZED TO DEVELOP RULES REGARDING
THE APPLICATION PROCESS, INCLUDING PAYMENT OF ANY APPLICABLE FEES, AND
THE ISSUANCE OF AN EXPEDITED LICENSE.
§ 8866. FEES FOR EXPEDITED LICENSURE. 1. A MEMBER STATE ISSUING AN
EXPEDITED LICENSE AUTHORIZING THE PRACTICE OF MEDICINE IN THAT STATE MAY
IMPOSE A FEE FOR A LICENSE ISSUED OR RENEWED THROUGH THE COMPACT.
2. THE INTERSTATE COMMISSION IS AUTHORIZED TO DEVELOP RULES REGARDING
FEES FOR EXPEDITED LICENSES.
§ 8867. RENEWAL AND CONTINUED PARTICIPATION. 1. A PHYSICIAN SEEKING TO
RENEW AN EXPEDITED LICENSE GRANTED IN A MEMBER STATE SHALL COMPLETE A
RENEWAL PROCESS WITH THE INTERSTATE COMMISSION IF THE PHYSICIAN:
(A) MAINTAINS A FULL AND UNRESTRICTED LICENSE IN A STATE OF PRINCIPAL
LICENSE;
(B) HAS NOT BEEN CONVICTED, RECEIVED ADJUDICATION, DEFERRED ADJUDI-
CATION, COMMUNITY SUPERVISION, OR DEFERRED DISPOSITION FOR ANY OFFENSE
BY A COURT OF APPROPRIATE JURISDICTION;
(C) HAS NOT HAD A LICENSE AUTHORIZING THE PRACTICE OF MEDICINE SUBJECT
TO DISCIPLINE BY A LICENSING AGENCY IN ANY STATE, FEDERAL, OR FOREIGN
S. 4007--A 191 A. 3007--A
JURISDICTION, EXCLUDING ANY ACTION RELATED TO NON-PAYMENT OF FEES
RELATED TO A LICENSE; AND
(D) HAS NOT HAD A CONTROLLED SUBSTANCE LICENSE OR PERMIT SUSPENDED OR
REVOKED BY A STATE OR THE UNITED STATES DRUG ENFORCEMENT ADMINISTRATION.
2. PHYSICIANS SHALL COMPLY WITH ALL CONTINUING PROFESSIONAL DEVELOP-
MENT OR CONTINUING MEDICAL EDUCATION REQUIREMENTS FOR RENEWAL OF A
LICENSE ISSUED BY A MEMBER STATE.
3. THE INTERSTATE COMMISSION SHALL COLLECT ANY RENEWAL FEES CHARGED
FOR THE RENEWAL OF A LICENSE AND DISTRIBUTE THE FEES TO THE APPLICABLE
MEMBER BOARD.
4. UPON RECEIPT OF ANY RENEWAL FEES COLLECTED IN SUBDIVISION THREE OF
THIS SECTION, A MEMBER BOARD SHALL RENEW THE PHYSICIAN'S LICENSE.
5. PHYSICIAN INFORMATION COLLECTED BY THE INTERSTATE COMMISSION DURING
THE RENEWAL PROCESS WILL BE DISTRIBUTED TO ALL MEMBER BOARDS.
6. THE INTERSTATE COMMISSION IS AUTHORIZED TO DEVELOP RULES TO ADDRESS
RENEWAL OF LICENSES OBTAINED THROUGH THE COMPACT.
§ 8868. COORDINATED INFORMATION SYSTEM. 1. THE INTERSTATE COMMISSION
SHALL ESTABLISH A DATABASE OF ALL PHYSICIANS LICENSED, OR WHO HAVE
APPLIED FOR LICENSURE, UNDER SECTION EIGHTY-EIGHT HUNDRED SIXTY-FIVE OF
THIS ARTICLE.
2. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, MEMBER BOARDS SHALL
REPORT TO THE INTERSTATE COMMISSION ANY PUBLIC ACTION OR COMPLAINTS
AGAINST A LICENSED PHYSICIAN WHO HAS APPLIED OR RECEIVED AN EXPEDITED
LICENSE THROUGH THE COMPACT.
3. MEMBER BOARDS SHALL REPORT DISCIPLINARY OR INVESTIGATORY INFORMA-
TION DETERMINED AS NECESSARY AND PROPER BY RULE OF THE INTERSTATE
COMMISSION.
4. MEMBER BOARDS MAY REPORT ANY NON-PUBLIC COMPLAINT, DISCIPLINARY, OR
INVESTIGATORY INFORMATION NOT REQUIRED BY SUBDIVISION THREE OF THIS
SECTION TO THE INTERSTATE COMMISSION.
5. MEMBER BOARDS SHALL SHARE COMPLAINT OR DISCIPLINARY INFORMATION
ABOUT A PHYSICIAN UPON REQUEST OF ANOTHER MEMBER BOARD.
6. ALL INFORMATION PROVIDED TO THE INTERSTATE COMMISSION OR DISTRIB-
UTED BY MEMBER BOARDS SHALL BE CONFIDENTIAL, FILED UNDER SEAL, AND USED
ONLY FOR INVESTIGATORY OR DISCIPLINARY MATTERS.
7. THE INTERSTATE COMMISSION IS AUTHORIZED TO DEVELOP RULES FOR
MANDATED OR DISCRETIONARY SHARING OF INFORMATION BY MEMBER BOARDS.
§ 8869. JOINT INVESTIGATIONS. 1. LICENSURE AND DISCIPLINARY RECORDS OF
PHYSICIANS ARE DEEMED INVESTIGATIVE.
2. IN ADDITION TO THE AUTHORITY GRANTED TO A MEMBER BOARD BY ITS
RESPECTIVE MEDICAL PRACTICE ACT OR OTHER APPLICABLE STATE LAW, A MEMBER
BOARD MAY PARTICIPATE WITH OTHER MEMBER BOARDS IN JOINT INVESTIGATIONS
OF PHYSICIANS LICENSED BY THE MEMBER BOARDS.
3. A SUBPOENA ISSUED BY A MEMBER STATE SHALL BE ENFORCEABLE IN OTHER
MEMBER STATES.
4. MEMBER BOARDS MAY SHARE ANY INVESTIGATIVE, LITIGATION, OR COMPLI-
ANCE MATERIALS IN FURTHERANCE OF ANY JOINT OR INDIVIDUAL INVESTIGATION
INITIATED UNDER THE COMPACT.
5. ANY MEMBER STATE MAY INVESTIGATE ACTUAL OR ALLEGED VIOLATIONS OF
THE STATUTES AUTHORIZING THE PRACTICE OF MEDICINE IN ANY OTHER MEMBER
STATE IN WHICH A PHYSICIAN HOLDS A LICENSE TO PRACTICE MEDICINE.
§ 8870. DISCIPLINARY ACTIONS. 1. ANY DISCIPLINARY ACTION TAKEN BY ANY
MEMBER BOARD AGAINST A PHYSICIAN LICENSED THROUGH THE COMPACT SHALL BE
DEEMED UNPROFESSIONAL CONDUCT WHICH MAY BE SUBJECT TO DISCIPLINE BY
OTHER MEMBER BOARDS, IN ADDITION TO ANY VIOLATION OF THE MEDICAL PRAC-
TICE ACT OR REGULATIONS IN THAT STATE.
S. 4007--A 192 A. 3007--A
2. IF A LICENSE GRANTED TO A PHYSICIAN BY THE MEMBER BOARD IN THE
STATE OF PRINCIPAL LICENSE IS REVOKED, SURRENDERED OR RELINQUISHED IN
LIEU OF DISCIPLINE, OR SUSPENDED, THEN ALL LICENSES ISSUED TO THE PHYSI-
CIAN BY MEMBER BOARDS SHALL AUTOMATICALLY BE PLACED, WITHOUT FURTHER
ACTION NECESSARY BY ANY MEMBER BOARD, ON THE SAME STATUS. IF THE MEMBER
BOARD IN THE STATE OF PRINCIPAL LICENSE SUBSEQUENTLY REINSTATES THE
PHYSICIAN'S LICENSE, A LICENSE ISSUED TO THE PHYSICIAN BY ANY OTHER
MEMBER BOARD SHALL REMAIN ENCUMBERED UNTIL THAT RESPECTIVE MEMBER BOARD
TAKES ACTION TO REINSTATE THE LICENSE IN A MANNER CONSISTENT WITH THE
MEDICAL PRACTICE ACT OF THAT STATE.
3. IF DISCIPLINARY ACTION IS TAKEN AGAINST A PHYSICIAN BY A MEMBER
BOARD NOT IN THE STATE OF PRINCIPAL LICENSE, ANY OTHER MEMBER BOARD MAY
DEEM THE ACTION CONCLUSIVE AS TO MATTER OF LAW AND FACT DECIDED, AND:
(A) IMPOSE THE SAME OR LESSER SANCTION OR SANCTIONS AGAINST THE PHYSI-
CIAN SO LONG AS SUCH SANCTIONS ARE CONSISTENT WITH THE MEDICAL PRACTICE
ACT OF THAT STATE; OR
(B) PURSUE SEPARATE DISCIPLINARY ACTION AGAINST THE PHYSICIAN UNDER
ITS RESPECTIVE MEDICAL PRACTICE ACT, REGARDLESS OF THE ACTION TAKEN IN
OTHER MEMBER STATES.
4. IF A LICENSE GRANTED TO A PHYSICIAN BY A MEMBER BOARD IS REVOKED,
SURRENDERED, OR RELINQUISHED IN LIEU OF DISCIPLINE, OR SUSPENDED, THEN
ANY LICENSE OR LICENSES ISSUED TO THE PHYSICIAN BY ANY OTHER MEMBER
BOARD OR BOARDS SHALL BE SUSPENDED, AUTOMATICALLY AND IMMEDIATELY WITH-
OUT FURTHER ACTION NECESSARY BY THE OTHER MEMBER BOARD OR BOARDS, FOR
NINETY DAYS UPON ENTRY OF THE ORDER BY THE DISCIPLINING BOARD, TO PERMIT
THE MEMBER BOARD OR BOARDS TO INVESTIGATE THE BASIS FOR THE ACTION UNDER
THE MEDICAL PRACTICE ACT OF THAT STATE. A MEMBER BOARD MAY TERMINATE THE
AUTOMATIC SUSPENSION OF THE LICENSE IT ISSUED PRIOR TO THE COMPLETION OF
THE NINETY DAY SUSPENSION PERIOD IN A MANNER CONSISTENT WITH THE MEDICAL
PRACTICE ACT OF THAT STATE.
§ 8871. INTERSTATE MEDICAL LICENSURE COMPACT COMMISSION. 1. THE MEMBER
STATES HEREBY CREATE THE "INTERSTATE MEDICAL LICENSURE COMPACT COMMIS-
SION".
2. THE PURPOSE OF THE INTERSTATE COMMISSION IS THE ADMINISTRATION OF
THE INTERSTATE MEDICAL LICENSURE COMPACT, WHICH IS A DISCRETIONARY STATE
FUNCTION.
3. THE INTERSTATE COMMISSION SHALL BE A BODY CORPORATE AND JOINT AGEN-
CY OF THE MEMBER STATES AND SHALL HAVE ALL THE RESPONSIBILITIES, POWERS,
AND DUTIES SET FORTH IN THE COMPACT, AND SUCH ADDITIONAL POWERS AS MAY
BE CONFERRED UPON IT BY A SUBSEQUENT CONCURRENT ACTION OF THE RESPECTIVE
LEGISLATURES OF THE MEMBER STATES IN ACCORDANCE WITH THE TERMS OF THE
COMPACT.
4. THE INTERSTATE COMMISSION SHALL CONSIST OF TWO VOTING REPRESEN-
TATIVES APPOINTED BY EACH MEMBER STATE WHO SHALL SERVE AS COMMISSIONERS.
IN STATES WHERE ALLOPATHIC AND OSTEOPATHIC PHYSICIANS ARE REGULATED BY
SEPARATE MEMBER BOARDS, OR IF THE LICENSING AND DISCIPLINARY AUTHORITY
IS SPLIT BETWEEN MULTIPLE MEMBER BOARDS WITHIN A MEMBER STATE, THE
MEMBER STATE SHALL APPOINT ONE REPRESENTATIVE FROM EACH MEMBER BOARD. A
COMMISSIONER SHALL BE A OR AN:
(A) ALLOPATHIC OR OSTEOPATHIC PHYSICIAN APPOINTED TO A MEMBER BOARD;
(B) EXECUTIVE DIRECTOR, EXECUTIVE SECRETARY, OR SIMILAR EXECUTIVE OF A
MEMBER BOARD; OR
(C) MEMBER OF THE PUBLIC APPOINTED TO A MEMBER BOARD.
5. THE INTERSTATE COMMISSION SHALL MEET AT LEAST ONCE EACH CALENDAR
YEAR. A PORTION OF THIS MEETING SHALL BE A BUSINESS MEETING TO ADDRESS
SUCH MATTERS AS MAY PROPERLY COME BEFORE THE COMMISSION, INCLUDING THE
S. 4007--A 193 A. 3007--A
ELECTION OF OFFICERS. THE CHAIRPERSON MAY CALL ADDITIONAL MEETINGS AND
SHALL CALL FOR A MEETING UPON THE REQUEST OF A MAJORITY OF THE MEMBER
STATES.
6. THE BYLAWS MAY PROVIDE FOR MEETINGS OF THE INTERSTATE COMMISSION TO
BE CONDUCTED BY TELECOMMUNICATION OR ELECTRONIC COMMUNICATION.
7. EACH COMMISSIONER PARTICIPATING AT A MEETING OF THE INTERSTATE
COMMISSION IS ENTITLED TO ONE VOTE. A MAJORITY OF COMMISSIONERS SHALL
CONSTITUTE A QUORUM FOR THE TRANSACTION OF BUSINESS, UNLESS A LARGER
QUORUM IS REQUIRED BY THE BYLAWS OF THE INTERSTATE COMMISSION. A COMMIS-
SIONER SHALL NOT DELEGATE A VOTE TO ANOTHER COMMISSIONER. IN THE ABSENCE
OF ITS COMMISSIONER, A MEMBER STATE MAY DELEGATE VOTING AUTHORITY FOR A
SPECIFIED MEETING TO ANOTHER PERSON FROM THAT STATE WHO SHALL MEET THE
REQUIREMENTS OF SUBDIVISION FOUR OF THIS SECTION.
8. THE INTERSTATE COMMISSION SHALL PROVIDE PUBLIC NOTICE OF ALL MEET-
INGS AND ALL MEETINGS SHALL BE OPEN TO THE PUBLIC. THE INTERSTATE
COMMISSION MAY CLOSE A MEETING, IN FULL OR IN PORTION, WHERE IT DETER-
MINES BY A TWO-THIRDS VOTE OF THE COMMISSIONERS PRESENT THAT AN OPEN
MEETING WOULD BE LIKELY TO:
(A) RELATE SOLELY TO THE INTERNAL PERSONNEL PRACTICES AND PROCEDURES
OF THE INTERSTATE COMMISSION;
(B) DISCUSS MATTERS SPECIFICALLY EXEMPTED FROM DISCLOSURE BY FEDERAL
STATUTE;
(C) DISCUSS TRADE SECRETS, COMMERCIAL, OR FINANCIAL INFORMATION THAT
IS PRIVILEGED OR CONFIDENTIAL;
(D) INVOLVE ACCUSING A PERSON OF A CRIME, OR FORMALLY CENSURING A
PERSON;
(E) DISCUSS INFORMATION OF A PERSONAL NATURE WHERE DISCLOSURE WOULD
CONSTITUTE A CLEARLY UNWARRANTED INVASION OF PERSONAL PRIVACY;
(F) DISCUSS INVESTIGATIVE RECORDS COMPILED FOR LAW ENFORCEMENT
PURPOSES; OR
(G) SPECIFICALLY RELATE TO THE PARTICIPATION IN A CIVIL ACTION OR
OTHER LEGAL PROCEEDING.
9. THE INTERSTATE COMMISSION SHALL KEEP MINUTES WHICH SHALL FULLY
DESCRIBE ALL MATTERS DISCUSSED IN A MEETING AND SHALL PROVIDE A FULL AND
ACCURATE SUMMARY OF ACTIONS TAKEN, INCLUDING RECORD OF ANY ROLL CALL
VOTES.
10. THE INTERSTATE COMMISSION SHALL MAKE ITS INFORMATION AND OFFICIAL
RECORDS, TO THE EXTENT NOT OTHERWISE DESIGNATED IN THE COMPACT OR BY ITS
RULES, AVAILABLE TO THE PUBLIC FOR INSPECTION.
11. THE INTERSTATE COMMISSION SHALL ESTABLISH AN EXECUTIVE COMMITTEE,
WHICH SHALL INCLUDE OFFICERS, MEMBERS, AND OTHERS AS DETERMINED BY THE
BYLAWS. THE EXECUTIVE COMMITTEE SHALL HAVE THE POWER TO ACT ON BEHALF OF
THE INTERSTATE COMMISSION, WITH THE EXCEPTION OF RULEMAKING, DURING
PERIODS WHEN THE INTERSTATE COMMISSION IS NOT IN SESSION. WHEN ACTING ON
BEHALF OF THE INTERSTATE COMMISSION, THE EXECUTIVE COMMITTEE SHALL OVER-
SEE THE ADMINISTRATION OF THE COMPACT INCLUDING ENFORCEMENT AND COMPLI-
ANCE WITH THE PROVISIONS OF THE COMPACT, ITS BYLAWS AND RULES, AND OTHER
SUCH DUTIES AS NECESSARY.
12. THE INTERSTATE COMMISSION MAY ESTABLISH OTHER COMMITTEES FOR
GOVERNANCE AND ADMINISTRATION OF THE COMPACT.
§ 8872. POWERS AND DUTIES OF THE INTERSTATE COMMISSION. THE INTERSTATE
COMMISSION SHALL HAVE THE DUTY AND POWER TO:
1. OVERSEE AND MAINTAIN THE ADMINISTRATION OF THE COMPACT;
2. PROMULGATE RULES WHICH SHALL BE BINDING TO THE EXTENT AND IN THE
MANNER PROVIDED FOR IN THE COMPACT;
S. 4007--A 194 A. 3007--A
3. ISSUE, UPON THE REQUEST OF A MEMBER STATE OR MEMBER BOARD, ADVISORY
OPINIONS CONCERNING THE MEANING OR INTERPRETATION OF THE COMPACT, ITS
BYLAWS, RULES, AND ACTIONS;
4. ENFORCE COMPLIANCE WITH COMPACT PROVISIONS, THE RULES PROMULGATED
BY THE INTERSTATE COMMISSION, AND THE BYLAWS, USING ALL NECESSARY AND
PROPER MEANS, INCLUDING BUT NOT LIMITED TO THE USE OF JUDICIAL PROCESS;
5. ESTABLISH AND APPOINT COMMITTEES INCLUDING, BUT NOT LIMITED TO, AN
EXECUTIVE COMMITTEE AS REQUIRED BY SECTION EIGHTY-EIGHT HUNDRED SEVEN-
TY-ONE OF THIS ARTICLE, WHICH SHALL HAVE THE POWER TO ACT ON BEHALF OF
THE INTERSTATE COMMISSION IN CARRYING OUT ITS POWERS AND DUTIES;
6. PAY, OR PROVIDE FOR THE PAYMENT OF THE EXPENSES RELATED TO THE
ESTABLISHMENT, ORGANIZATION, AND ONGOING ACTIVITIES OF THE INTERSTATE
COMMISSION;
7. ESTABLISH AND MAINTAIN ONE OR MORE OFFICES;
8. BORROW, ACCEPT, HIRE, OR CONTRACT FOR SERVICES OF PERSONNEL;
9. PURCHASE AND MAINTAIN INSURANCE AND BONDS;
10. EMPLOY AN EXECUTIVE DIRECTOR WHO SHALL HAVE SUCH POWERS TO EMPLOY,
SELECT OR APPOINT EMPLOYEES, AGENTS, OR CONSULTANTS, AND TO DETERMINE
THEIR QUALIFICATIONS, DEFINE THEIR DUTIES, AND FIX THEIR COMPENSATION;
11. ESTABLISH PERSONNEL POLICIES AND PROGRAMS RELATING TO CONFLICTS OF
INTEREST, RATES OF COMPENSATION, AND QUALIFICATIONS OF PERSONNEL;
12. ACCEPT DONATIONS AND GRANTS OF MONEY, EQUIPMENT, SUPPLIES, MATERI-
ALS AND SERVICES, AND TO RECEIVE, UTILIZE, AND DISPOSE OF IT IN A MANNER
CONSISTENT WITH THE CONFLICT OF INTEREST POLICIES ESTABLISHED BY THE
INTERSTATE COMMISSION;
13. LEASE, PURCHASE, ACCEPT CONTRIBUTIONS OR DONATIONS OF, OR OTHER-
WISE TO OWN, HOLD, IMPROVE, OR USE, ANY PROPERTY, REAL, PERSONAL, OR
MIXED;
14. SELL, CONVEY, MORTGAGE, PLEDGE, LEASE, EXCHANGE, ABANDON, OR
OTHERWISE DISPOSE OF ANY PROPERTY, REAL, PERSONAL, OR MIXED;
15. ESTABLISH A BUDGET AND MAKE EXPENDITURES;
16. ADOPT A SEAL AND BYLAWS GOVERNING THE MANAGEMENT AND OPERATION OF
THE INTERSTATE COMMISSION;
17. REPORT ANNUALLY TO THE LEGISLATURES AND GOVERNORS OF THE MEMBER
STATES CONCERNING THE ACTIVITIES OF THE INTERSTATE COMMISSION DURING THE
PRECEDING YEAR. SUCH REPORTS SHALL ALSO INCLUDE REPORTS OF FINANCIAL
AUDITS AND ANY RECOMMENDATIONS THAT MAY HAVE BEEN ADOPTED BY THE INTER-
STATE COMMISSION;
18. COORDINATE EDUCATION, TRAINING, AND PUBLIC AWARENESS REGARDING THE
COMPACT, ITS IMPLEMENTATION, AND ITS OPERATION;
19. MAINTAIN RECORDS IN ACCORDANCE WITH THE BYLAWS;
20. SEEK AND OBTAIN TRADEMARKS, COPYRIGHTS, AND PATENTS; AND
21. PERFORM SUCH FUNCTIONS AS MAY BE NECESSARY OR APPROPRIATE TO
ACHIEVE THE PURPOSES OF THE COMPACT.
§ 8873. FINANCE POWERS. 1. THE INTERSTATE COMMISSION MAY LEVY ON AND
COLLECT AN ANNUAL ASSESSMENT FROM EACH MEMBER STATE TO COVER THE COST OF
THE OPERATIONS AND ACTIVITIES OF THE INTERSTATE COMMISSION AND ITS
STAFF. THE TOTAL ASSESSMENT MUST BE SUFFICIENT TO COVER THE ANNUAL BUDG-
ET APPROVED EACH YEAR FOR WHICH REVENUE IS NOT PROVIDED BY OTHER SOURC-
ES. THE AGGREGATE ANNUAL ASSESSMENT AMOUNT SHALL BE ALLOCATED UPON A
FORMULA TO BE DETERMINED BY THE INTERSTATE COMMISSION, WHICH SHALL
PROMULGATE A RULE BINDING UPON ALL MEMBER STATES.
2. THE INTERSTATE COMMISSION SHALL NOT INCUR OBLIGATIONS OF ANY KIND
PRIOR TO SECURING THE FUNDS ADEQUATE TO MEET THE SAME.
3. THE INTERSTATE COMMISSION SHALL NOT PLEDGE THE CREDIT OF ANY OF THE
MEMBER STATES, EXCEPT BY, AND WITH THE AUTHORITY OF, THE MEMBER STATE.
S. 4007--A 195 A. 3007--A
4. THE INTERSTATE COMMISSION SHALL BE SUBJECT TO A YEARLY FINANCIAL
AUDIT CONDUCTED BY A CERTIFIED OR LICENSED PUBLIC ACCOUNTANT AND THE
REPORT OF THE AUDIT SHALL BE INCLUDED IN THE ANNUAL REPORT OF THE INTER-
STATE COMMISSION.
§ 8874. ORGANIZATION AND OPERATION OF THE INTERSTATE COMMISSION. 1.
THE INTERSTATE COMMISSION SHALL, BY A MAJORITY OF COMMISSIONERS PRESENT
AND VOTING, ADOPT BYLAWS TO GOVERN ITS CONDUCT AS MAY BE NECESSARY OR
APPROPRIATE TO CARRY OUT THE PURPOSES OF THE COMPACT WITHIN TWELVE
MONTHS OF THE FIRST INTERSTATE COMMISSION MEETING.
2. THE INTERSTATE COMMISSION SHALL ELECT OR APPOINT ANNUALLY FROM
AMONG ITS COMMISSIONERS A CHAIRPERSON, A VICE-CHAIRPERSON, AND A TREAS-
URER, EACH OF WHOM SHALL HAVE SUCH AUTHORITY AND DUTIES AS MAY BE SPECI-
FIED IN THE BYLAWS. THE CHAIRPERSON, OR IN THE CHAIRPERSON'S ABSENCE OR
DISABILITY, THE VICE-CHAIRPERSON, SHALL PRESIDE AT ALL MEETINGS OF THE
INTERSTATE COMMISSION.
3. OFFICERS SELECTED PURSUANT TO SUBDIVISION TWO OF THIS SECTION SHALL
SERVE WITHOUT REMUNERATION FROM THE INTERSTATE COMMISSION.
4. THE OFFICERS AND EMPLOYEES OF THE INTERSTATE COMMISSION SHALL BE
IMMUNE FROM SUIT AND LIABILITY, EITHER PERSONALLY OR IN THEIR OFFICIAL
CAPACITY, FOR A CLAIM FOR DAMAGE TO OR LOSS OF PROPERTY OR PERSONAL
INJURY OR OTHER CIVIL LIABILITY CAUSED OR ARISING OUT OF, OR RELATING
TO, AN ACTUAL OR ALLEGED ACT, ERROR, OR OMISSION THAT OCCURRED, OR THAT
SUCH PERSON HAD A REASONABLE BASIS FOR BELIEVING OCCURRED, WITHIN THE
SCOPE OF INTERSTATE COMMISSION EMPLOYMENT, DUTIES, OR RESPONSIBILITIES;
PROVIDED THAT SUCH PERSON SHALL NOT BE PROTECTED FROM SUIT OR LIABILITY
FOR DAMAGE, LOSS, INJURY, OR LIABILITY CAUSED BY THE INTENTIONAL OR
WILLFUL AND WANTON MISCONDUCT OF SUCH PERSON.
(A) THE LIABILITY OF THE EXECUTIVE DIRECTOR AND EMPLOYEES OF THE
INTERSTATE COMMISSION OR REPRESENTATIVES OF THE INTERSTATE COMMISSION,
ACTING WITHIN THE SCOPE OF SUCH PERSON'S EMPLOYMENT OR DUTIES FOR ACTS,
ERRORS, OR OMISSIONS OCCURRING WITHIN SUCH PERSON'S STATE, MAY NOT
EXCEED THE LIMITS OF LIABILITY SET FORTH UNDER THE CONSTITUTION AND LAWS
OF THAT STATE FOR STATE OFFICIALS, EMPLOYEES, AND AGENTS. THE INTERSTATE
COMMISSION IS CONSIDERED TO BE AN INSTRUMENTALITY OF THE STATES FOR THE
PURPOSES OF ANY SUCH ACTION. NOTHING IN THIS PARAGRAPH SHALL BE
CONSTRUED TO PROTECT SUCH PERSON FROM SUIT OR LIABILITY FOR DAMAGE,
LOSS, INJURY, OR LIABILITY CAUSED BY THE INTENTIONAL OR WILLFUL AND
WANTON MISCONDUCT OF SUCH PERSON.
(B) THE INTERSTATE COMMISSION SHALL DEFEND THE EXECUTIVE DIRECTOR, ITS
EMPLOYEES, AND SUBJECT TO THE APPROVAL OF THE ATTORNEY GENERAL OR OTHER
APPROPRIATE LEGAL COUNSEL OF THE MEMBER STATE REPRESENTED BY AN INTER-
STATE COMMISSION REPRESENTATIVE, SHALL DEFEND SUCH INTERSTATE COMMISSION
REPRESENTATIVE IN ANY CIVIL ACTION SEEKING TO IMPOSE LIABILITY ARISING
OUT OF AN ACTUAL OR ALLEGED ACT, ERROR OR OMISSION THAT OCCURRED WITHIN
THE SCOPE OF INTERSTATE COMMISSION EMPLOYMENT, DUTIES OR RESPONSIBIL-
ITIES, OR THAT THE DEFENDANT HAD A REASONABLE BASIS FOR BELIEVING
OCCURRED WITHIN THE SCOPE OF INTERSTATE COMMISSION EMPLOYMENT, DUTIES,
OR RESPONSIBILITIES, PROVIDED THAT THE ACTUAL OR ALLEGED ACT, ERROR, OR
OMISSION DID NOT RESULT FROM INTENTIONAL OR WILLFUL AND WANTON MISCON-
DUCT ON THE PART OF SUCH PERSON.
(C) TO THE EXTENT NOT COVERED BY THE STATE INVOLVED, MEMBER STATE, OR
THE INTERSTATE COMMISSION, THE REPRESENTATIVES OR EMPLOYEES OF THE
INTERSTATE COMMISSION SHALL BE HELD HARMLESS IN THE AMOUNT OF A SETTLE-
MENT OR JUDGMENT, INCLUDING ATTORNEY'S FEES AND COSTS, OBTAINED AGAINST
SUCH PERSONS ARISING OUT OF AN ACTUAL OR ALLEGED ACT, ERROR, OR OMISSION
THAT OCCURRED WITHIN THE SCOPE OF INTERSTATE COMMISSION EMPLOYMENT,
S. 4007--A 196 A. 3007--A
DUTIES, OR RESPONSIBILITIES, OR THAT SUCH PERSONS HAD A REASONABLE BASIS
FOR BELIEVING OCCURRED WITHIN THE SCOPE OF INTERSTATE COMMISSION EMPLOY-
MENT, DUTIES, OR RESPONSIBILITIES, PROVIDED THAT THE ACTUAL OR ALLEGED
ACT, ERROR, OR OMISSION DID NOT RESULT FROM INTENTIONAL OR WILLFUL AND
WANTON MISCONDUCT ON THE PART OF SUCH PERSONS.
§ 8875. RULEMAKING FUNCTIONS OF THE INTERSTATE COMMISSION. 1. THE
INTERSTATE COMMISSION SHALL PROMULGATE REASONABLE RULES IN ORDER TO
EFFECTIVELY AND EFFICIENTLY ACHIEVE THE PURPOSES OF THE COMPACT.
NOTWITHSTANDING THE FOREGOING, IN THE EVENT THE INTERSTATE COMMISSION
EXERCISES ITS RULEMAKING AUTHORITY IN A MANNER THAT IS BEYOND THE SCOPE
OF THE PURPOSES OF THE COMPACT, OR THE POWERS GRANTED HEREUNDER, THEN
SUCH AN ACTION BY THE INTERSTATE COMMISSION SHALL BE INVALID AND HAVE NO
FORCE OR EFFECT.
2. RULES DEEMED APPROPRIATE FOR THE OPERATIONS OF THE INTERSTATE
COMMISSION SHALL BE MADE PURSUANT TO A RULEMAKING PROCESS THAT SUBSTAN-
TIALLY CONFORMS TO THE FEDERAL MODEL STATE ADMINISTRATIVE PROCEDURE ACT
OF 2010, AND SUBSEQUENT AMENDMENTS THERETO.
3. NOT LATER THAN THIRTY DAYS AFTER A RULE IS PROMULGATED, ANY PERSON
MAY FILE A PETITION FOR JUDICIAL REVIEW OF THE RULE IN THE UNITED STATES
DISTRICT COURT FOR THE DISTRICT OF COLUMBIA OR THE FEDERAL DISTRICT
WHERE THE INTERSTATE COMMISSION HAS ITS PRINCIPAL OFFICES, PROVIDED THAT
THE FILING OF SUCH A PETITION SHALL NOT STAY OR OTHERWISE PREVENT THE
RULE FROM BECOMING EFFECTIVE UNLESS THE COURT FINDS THAT THE PETITIONER
HAS A SUBSTANTIAL LIKELIHOOD OF SUCCESS. THE COURT SHALL GIVE DEFERENCE
TO THE ACTIONS OF THE INTERSTATE COMMISSION CONSISTENT WITH APPLICABLE
LAW AND SHALL NOT FIND THE RULE TO BE UNLAWFUL IF THE RULE REPRESENTS A
REASONABLE EXERCISE OF THE AUTHORITY GRANTED TO THE INTERSTATE COMMIS-
SION.
§ 8876. OVERSIGHT OF INTERSTATE COMPACT. 1. THE EXECUTIVE, LEGISLA-
TIVE, AND JUDICIAL BRANCHES OF STATE GOVERNMENT IN EACH MEMBER STATE
SHALL ENFORCE THE COMPACT AND SHALL TAKE ALL ACTIONS NECESSARY AND
APPROPRIATE TO EFFECTUATE THE COMPACT'S PURPOSES AND INTENT. THE
PROVISIONS OF THE COMPACT AND THE RULES PROMULGATED HEREUNDER SHALL HAVE
STANDING AS STATUTORY LAW BUT SHALL NOT OVERRIDE EXISTING STATE AUTHORI-
TY TO REGULATE THE PRACTICE OF MEDICINE.
2. ALL COURTS SHALL TAKE JUDICIAL NOTICE OF THE COMPACT AND THE RULES
IN ANY JUDICIAL OR ADMINISTRATIVE PROCEEDING IN A MEMBER STATE PERTAIN-
ING TO THE SUBJECT MATTER OF THE COMPACT WHICH MAY AFFECT THE POWERS,
RESPONSIBILITIES OR ACTIONS OF THE INTERSTATE COMMISSION.
3. THE INTERSTATE COMMISSION SHALL BE ENTITLED TO RECEIVE ALL SERVICE
OF PROCESS IN ANY SUCH PROCEEDING, AND SHALL HAVE STANDING TO INTERVENE
IN THE PROCEEDING FOR ALL PURPOSES. FAILURE TO PROVIDE SERVICE OF PROC-
ESS TO THE INTERSTATE COMMISSION SHALL RENDER A JUDGMENT OR ORDER VOID
AS TO THE INTERSTATE COMMISSION, THE COMPACT, OR PROMULGATED RULES.
§ 8877. ENFORCEMENT OF INTERSTATE COMPACT. 1. THE INTERSTATE COMMIS-
SION, IN THE REASONABLE EXERCISE OF ITS DISCRETION, SHALL ENFORCE THE
PROVISIONS AND RULES OF THE COMPACT.
2. THE INTERSTATE COMMISSION MAY, BY MAJORITY VOTE OF THE COMMISSION-
ERS, INITIATE LEGAL ACTION IN THE UNITED STATES DISTRICT COURT FOR THE
DISTRICT OF COLUMBIA, OR, AT THE DISCRETION OF THE INTERSTATE COMMIS-
SION, IN THE FEDERAL DISTRICT WHERE THE INTERSTATE COMMISSION HAS ITS
PRINCIPAL OFFICES, TO ENFORCE COMPLIANCE WITH THE PROVISIONS OF THE
COMPACT, AND ITS PROMULGATED RULES AND BYLAWS, AGAINST A MEMBER STATE IN
DEFAULT. THE RELIEF SOUGHT MAY INCLUDE BOTH INJUNCTIVE RELIEF AND
DAMAGES. IN THE EVENT JUDICIAL ENFORCEMENT IS NECESSARY, THE PREVAILING
S. 4007--A 197 A. 3007--A
PARTY SHALL BE AWARDED ALL COSTS OF SUCH LITIGATION INCLUDING REASONABLE
ATTORNEY'S FEES.
3. THE REMEDIES HEREIN SHALL NOT BE THE EXCLUSIVE REMEDIES OF THE
INTERSTATE COMMISSION. THE INTERSTATE COMMISSION MAY AVAIL ITSELF OF
ANY OTHER REMEDIES AVAILABLE UNDER STATE LAW OR THE REGULATION OF A
PROFESSION.
§ 8878. DEFAULT PROCEDURES. 1. THE GROUNDS FOR DEFAULT INCLUDE, BUT
ARE NOT LIMITED TO, FAILURE OF A MEMBER STATE TO PERFORM SUCH OBLI-
GATIONS OR RESPONSIBILITIES IMPOSED UPON IT BY THE COMPACT, OR THE RULES
AND BYLAWS OF THE INTERSTATE COMMISSION PROMULGATED UNDER THE COMPACT.
2. IF THE INTERSTATE COMMISSION DETERMINES THAT A MEMBER STATE HAS
DEFAULTED IN THE PERFORMANCE OF ITS OBLIGATIONS OR RESPONSIBILITIES
UNDER THE COMPACT, OR THE BYLAWS OR PROMULGATED RULES, THE INTERSTATE
COMMISSION SHALL:
(A) PROVIDE WRITTEN NOTICE TO THE DEFAULTING STATE AND OTHER MEMBER
STATES, OF THE NATURE OF THE DEFAULT, THE MEANS OF CURING THE DEFAULT,
AND ANY ACTION TAKEN BY THE INTERSTATE COMMISSION. THE INTERSTATE
COMMISSION SHALL SPECIFY THE CONDITIONS BY WHICH THE DEFAULTING STATE
MUST CURE ITS DEFAULT; AND
(B) PROVIDE REMEDIAL TRAINING AND SPECIFIC TECHNICAL ASSISTANCE
REGARDING THE DEFAULT.
3. IF THE DEFAULTING STATE FAILS TO CURE THE DEFAULT, THE DEFAULTING
STATE SHALL BE TERMINATED FROM THE COMPACT UPON AN AFFIRMATIVE VOTE OF A
MAJORITY OF THE COMMISSIONERS AND ALL RIGHTS, PRIVILEGES, AND BENEFITS
CONFERRED BY THE COMPACT SHALL TERMINATE ON THE EFFECTIVE DATE OF TERMI-
NATION. A CURE OF THE DEFAULT DOES NOT RELIEVE THE OFFENDING STATE OF
OBLIGATIONS OR LIABILITIES INCURRED DURING THE PERIOD OF THE DEFAULT.
4. TERMINATION OF MEMBERSHIP IN THE COMPACT SHALL BE IMPOSED ONLY
AFTER ALL OTHER MEANS OF SECURING COMPLIANCE HAVE BEEN EXHAUSTED. NOTICE
OF INTENT TO TERMINATE SHALL BE GIVEN BY THE INTERSTATE COMMISSION TO
THE GOVERNOR, THE MAJORITY AND MINORITY LEADERS OF THE DEFAULTING
STATE'S LEGISLATURE, AND EACH OF THE MEMBER STATES.
5. THE INTERSTATE COMMISSION SHALL ESTABLISH RULES AND PROCEDURES TO
ADDRESS LICENSES AND PHYSICIANS THAT ARE MATERIALLY IMPACTED BY THE
TERMINATION OF A MEMBER STATE, OR THE WITHDRAWAL OF A MEMBER STATE.
6. THE MEMBER STATE WHICH HAS BEEN TERMINATED IS RESPONSIBLE FOR ALL
DUES, OBLIGATIONS, AND LIABILITIES INCURRED THROUGH THE EFFECTIVE DATE
OF TERMINATION INCLUDING OBLIGATIONS, THE PERFORMANCE OF WHICH EXTENDS
BEYOND THE EFFECTIVE DATE OF TERMINATION.
7. THE INTERSTATE COMMISSION SHALL NOT BEAR ANY COSTS RELATING TO ANY
STATE THAT HAS BEEN FOUND TO BE IN DEFAULT OR WHICH HAS BEEN TERMINATED
FROM THE COMPACT, UNLESS OTHERWISE MUTUALLY AGREED UPON IN WRITING
BETWEEN THE INTERSTATE COMMISSION AND THE DEFAULTING STATE.
8. THE DEFAULTING STATE MAY APPEAL THE ACTION OF THE INTERSTATE
COMMISSION BY PETITIONING THE UNITED STATES DISTRICT COURT FOR THE
DISTRICT OF COLUMBIA OR THE FEDERAL DISTRICT WHERE THE INTERSTATE
COMMISSION HAS ITS PRINCIPAL OFFICES. THE PREVAILING PARTY SHALL BE
AWARDED ALL COSTS OF SUCH LITIGATION INCLUDING REASONABLE ATTORNEY'S
FEES.
§ 8879. DISPUTE RESOLUTION. 1. THE INTERSTATE COMMISSION SHALL
ATTEMPT, UPON THE REQUEST OF A MEMBER STATE, TO RESOLVE DISPUTES WHICH
ARE SUBJECT TO THE COMPACT AND WHICH MAY ARISE AMONG MEMBER STATES OR
MEMBER BOARDS.
2. THE INTERSTATE COMMISSION SHALL PROMULGATE RULES PROVIDING FOR BOTH
MEDIATION AND BINDING DISPUTE RESOLUTION AS APPROPRIATE.
S. 4007--A 198 A. 3007--A
§ 8880. MEMBER STATES, EFFECTIVE DATE AND AMENDMENT. 1. ANY STATE IS
ELIGIBLE TO BECOME A MEMBER STATE OF THE COMPACT.
2. THE COMPACT SHALL BECOME EFFECTIVE AND BINDING UPON LEGISLATIVE
ENACTMENT OF THE COMPACT INTO LAW BY NO LESS THAN SEVEN STATES. THERE-
AFTER, IT SHALL BECOME EFFECTIVE AND BINDING ON A STATE UPON ENACTMENT
OF THE COMPACT INTO LAW BY THAT STATE.
3. THE GOVERNORS OF NON-MEMBER STATES, OR THEIR DESIGNEES, SHALL BE
INVITED TO PARTICIPATE IN THE ACTIVITIES OF THE INTERSTATE COMMISSION ON
A NON-VOTING BASIS PRIOR TO ADOPTION OF THE COMPACT BY ALL STATES.
4. THE INTERSTATE COMMISSION MAY PROPOSE AMENDMENTS TO THE COMPACT FOR
ENACTMENT BY THE MEMBER STATES. NO AMENDMENT SHALL BECOME EFFECTIVE AND
BINDING UPON THE INTERSTATE COMMISSION AND THE MEMBER STATES UNLESS AND
UNTIL IT IS ENACTED INTO LAW BY UNANIMOUS CONSENT OF THE MEMBER STATES.
§ 8881. WITHDRAWAL. 1. ONCE EFFECTIVE, THE COMPACT SHALL CONTINUE IN
FORCE AND REMAIN BINDING UPON EACH AND EVERY MEMBER STATE; PROVIDED THAT
A MEMBER STATE MAY WITHDRAW FROM THE COMPACT BY SPECIFICALLY REPEALING
THE STATUTE WHICH ENACTED THE COMPACT INTO LAW.
2. WITHDRAWAL FROM THE COMPACT SHALL BE BY THE ENACTMENT OF A STATUTE
REPEALING THE SAME, BUT SHALL NOT TAKE EFFECT UNTIL ONE YEAR AFTER THE
EFFECTIVE DATE OF SUCH STATUTE AND UNTIL WRITTEN NOTICE OF THE WITH-
DRAWAL HAS BEEN GIVEN BY THE WITHDRAWING STATE TO THE GOVERNOR OF EACH
OTHER MEMBER STATE.
3. THE WITHDRAWING STATE SHALL IMMEDIATELY NOTIFY THE CHAIRPERSON OF
THE INTERSTATE COMMISSION IN WRITING UPON THE INTRODUCTION OF LEGIS-
LATION REPEALING THE COMPACT IN THE WITHDRAWING STATE.
4. THE INTERSTATE COMMISSION SHALL NOTIFY THE OTHER MEMBER STATES OF
THE WITHDRAWING STATE'S INTENT TO WITHDRAW WITHIN SIXTY DAYS OF ITS
RECEIPT OF NOTICE PROVIDED UNDER SUBDIVISION THREE OF THIS SECTION.
5. THE WITHDRAWING STATE IS RESPONSIBLE FOR ALL DUES, OBLIGATIONS AND
LIABILITIES INCURRED THROUGH THE EFFECTIVE DATE OF WITHDRAWAL, INCLUDING
OBLIGATIONS, THE PERFORMANCE OF WHICH EXTEND BEYOND THE EFFECTIVE DATE
OF WITHDRAWAL.
6. REINSTATEMENT FOLLOWING WITHDRAWAL OF A MEMBER STATE SHALL OCCUR
UPON THE WITHDRAWING STATE REENACTING THE COMPACT OR UPON SUCH LATER
DATE AS DETERMINED BY THE INTERSTATE COMMISSION.
7. THE INTERSTATE COMMISSION IS AUTHORIZED TO DEVELOP RULES TO ADDRESS
THE IMPACT OF THE WITHDRAWAL OF A MEMBER STATE ON LICENSES GRANTED IN
OTHER MEMBER STATES TO PHYSICIANS WHO DESIGNATED THE WITHDRAWING MEMBER
STATE AS THE STATE OF PRINCIPAL LICENSE.
§ 8882. DISSOLUTION. 1. THE COMPACT SHALL DISSOLVE EFFECTIVE UPON THE
DATE OF THE WITHDRAWAL OR DEFAULT OF THE MEMBER STATE WHICH REDUCES THE
MEMBERSHIP IN THE COMPACT TO ONE MEMBER STATE.
2. UPON THE DISSOLUTION OF THE COMPACT, THE COMPACT BECOMES NULL AND
VOID AND SHALL BE OF NO FURTHER FORCE OR EFFECT, AND THE BUSINESS AND
AFFAIRS OF THE INTERSTATE COMMISSION SHALL BE CONCLUDED AND SURPLUS
FUNDS SHALL BE DISTRIBUTED IN ACCORDANCE WITH THE BYLAWS.
§ 8883. SEVERABILITY AND CONSTRUCTION. 1. THE PROVISIONS OF THE
COMPACT SHALL BE SEVERABLE, AND IF ANY PHRASE, CLAUSE, SENTENCE, OR
PROVISION IS DEEMED UNENFORCEABLE, THE REMAINING PROVISIONS OF THE
COMPACT SHALL BE ENFORCEABLE.
2. THE PROVISIONS OF THE COMPACT SHALL BE LIBERALLY CONSTRUED TO
EFFECTUATE ITS PURPOSES.
3. NOTHING IN THE COMPACT SHALL BE CONSTRUED TO PROHIBIT THE APPLICA-
BILITY OF OTHER INTERSTATE COMPACTS TO WHICH THE STATES ARE MEMBERS.
S. 4007--A 199 A. 3007--A
§ 8884. BINDING EFFECT OF COMPACT AND OTHER LAWS. 1. NOTHING CONTAINED
IN THIS ARTICLE SHALL PREVENT THE ENFORCEMENT OF ANY OTHER LAW OF A
MEMBER STATE THAT IS NOT INCONSISTENT WITH THE COMPACT.
2. ALL LAWS IN A MEMBER STATE IN CONFLICT WITH THE COMPACT ARE SUPER-
SEDED TO THE EXTENT OF THE CONFLICT.
3. ALL LAWFUL ACTIONS OF THE INTERSTATE COMMISSION, INCLUDING ALL
RULES AND BYLAWS PROMULGATED BY THE COMMISSION, ARE BINDING UPON THE
MEMBER STATES.
4. ALL AGREEMENTS BETWEEN THE INTERSTATE COMMISSION AND THE MEMBER
STATES ARE BINDING IN ACCORDANCE WITH THEIR TERMS.
5. IN THE EVENT ANY PROVISION OF THE COMPACT EXCEEDS THE CONSTITU-
TIONAL LIMITS IMPOSED ON THE LEGISLATURE OF ANY MEMBER STATE, SUCH
PROVISION SHALL BE INEFFECTIVE TO THE EXTENT OF THE CONFLICT WITH THE
CONSTITUTIONAL PROVISION IN QUESTION IN THAT MEMBER STATE.
§ 31. Article 170 of the education law is renumbered article 171 and a
new article 170 is added to title 8 of the education law to read as
follows:
ARTICLE 170
NURSE LICENSURE COMPACT
SECTION 8900. NURSE LICENSURE COMPACT.
8901. FINDINGS AND DECLARATION OF PURPOSE.
8902. DEFINITIONS.
8903. GENERAL PROVISIONS AND JURISDICTION.
8904. APPLICATIONS FOR LICENSURE IN A PARTY STATE.
8905. ADDITIONAL AUTHORITIES INVESTED IN PARTY STATE LICENSING
BOARDS.
8906. COORDINATED LICENSURE INFORMATION SYSTEM AND EXCHANGE OF
INFORMATION.
8907. ESTABLISHMENT OF THE INTERSTATE COMMISSION OF NURSE LICEN-
SURE COMPACT ADMINISTRATORS.
8908. RULEMAKING.
8909. OVERSIGHT, DISPUTE RESOLUTION AND ENFORCEMENT.
8910. EFFECTIVE DATE, WITHDRAWAL AND AMENDMENT.
8911. CONSTRUCTION AND SEVERABILITY.
§ 8900. NURSE LICENSURE COMPACT. THE NURSE LICENSE COMPACT AS SET
FORTH IN THE ARTICLE IS HEREBY ADOPTED AND ENTERED INTO WITH ALL PARTY
STATES JOINING THEREIN.
§ 8901. FINDINGS AND DECLARATION OF PURPOSE 1. FINDINGS. THE PARTY
STATES FIND THAT:
A. THE HEALTH AND SAFETY OF THE PUBLIC ARE AFFECTED BY THE DEGREE OF
COMPLIANCE WITH AND THE EFFECTIVENESS OF ENFORCEMENT ACTIVITIES RELATED
TO STATE NURSE LICENSURE LAWS;
B. VIOLATIONS OF NURSE LICENSURE AND OTHER LAWS REGULATING THE PRAC-
TICE OF NURSING MAY RESULT IN INJURY OR HARM TO THE PUBLIC;
C. THE EXPANDED MOBILITY OF NURSES AND THE USE OF ADVANCED COMMUNI-
CATION TECHNOLOGIES AS PART OF OUR NATION'S HEALTH CARE DELIVERY SYSTEM
REQUIRE GREATER COORDINATION AND COOPERATION AMONG STATES IN THE AREAS
OF NURSE LICENSURE AND REGULATION;
D. NEW PRACTICE MODALITIES AND TECHNOLOGY MAKE COMPLIANCE WITH INDI-
VIDUAL STATE NURSE LICENSURE LAWS DIFFICULT AND COMPLEX;
E. THE CURRENT SYSTEM OF DUPLICATIVE LICENSURE FOR NURSES PRACTICING
IN MULTIPLE STATES IS CUMBERSOME AND REDUNDANT FOR BOTH NURSES AND
STATES; AND
F. UNIFORMITY OF NURSE LICENSURE REQUIREMENTS THROUGHOUT THE STATES
PROMOTES PUBLIC SAFETY AND PUBLIC HEALTH BENEFITS.
S. 4007--A 200 A. 3007--A
2. DECLARATION OF PURPOSE. THE GENERAL PURPOSES OF THIS COMPACT ARE
TO:
A. FACILITATE THE STATES' RESPONSIBILITY TO PROTECT THE PUBLIC'S
HEALTH AND SAFETY;
B. ENSURE AND ENCOURAGE THE COOPERATION OF PARTY STATES IN THE AREAS
OF NURSE LICENSURE AND REGULATION;
C. FACILITATE THE EXCHANGE OF INFORMATION BETWEEN PARTY STATES IN THE
AREAS OF NURSE REGULATION, INVESTIGATION AND ADVERSE ACTIONS;
D. PROMOTE COMPLIANCE WITH THE LAWS GOVERNING THE PRACTICE OF NURSING
IN EACH JURISDICTION;
E. INVEST ALL PARTY STATES WITH THE AUTHORITY TO HOLD A NURSE ACCOUNT-
ABLE FOR MEETING ALL STATE PRACTICE LAWS IN THE STATE IN WHICH THE
PATIENT IS LOCATED AT THE TIME CARE IS RENDERED THROUGH THE MUTUAL
RECOGNITION OF PARTY STATE LICENSES;
F. DECREASE REDUNDANCIES IN THE CONSIDERATION AND ISSUANCE OF NURSE
LICENSES; AND
G. PROVIDE OPPORTUNITIES FOR INTERSTATE PRACTICE BY NURSES WHO MEET
UNIFORM LICENSURE REQUIREMENTS.
§ 8902. DEFINITIONS. 1. DEFINITIONS. AS USED IN THIS COMPACT:
A. "ADVERSE ACTION" MEANS ANY ADMINISTRATIVE, CIVIL, EQUITABLE OR
CRIMINAL ACTION PERMITTED BY A STATE'S LAWS WHICH IS IMPOSED BY A
LICENSING BOARD OR OTHER AUTHORITY AGAINST A NURSE, INCLUDING ACTIONS
AGAINST AN INDIVIDUAL'S LICENSE OR MULTISTATE LICENSURE PRIVILEGE SUCH
AS REVOCATION, SUSPENSION, PROBATION, MONITORING OF THE LICENSEE, LIMI-
TATION ON THE LICENSEE'S PRACTICE, OR ANY OTHER ENCUMBRANCE ON LICENSURE
AFFECTING A NURSE'S AUTHORIZATION TO PRACTICE, INCLUDING ISSUANCE OF A
CEASE AND DESIST ACTION.
B. "ALTERNATIVE PROGRAM" MEANS A NON-DISCIPLINARY MONITORING PROGRAM
APPROVED BY A LICENSING BOARD.
C. "COORDINATED LICENSURE INFORMATION SYSTEM" MEANS AN INTEGRATED
PROCESS FOR COLLECTING, STORING AND SHARING INFORMATION ON NURSE LICEN-
SURE AND ENFORCEMENT ACTIVITIES RELATED TO NURSE LICENSURE LAWS THAT IS
ADMINISTERED BY A NONPROFIT ORGANIZATION COMPOSED OF AND CONTROLLED BY
LICENSING BOARDS.
D. "COMMISSION" MEANS THE INTERSTATE COMMISSION OF NURSE LICENSURE
COMPACT ADMINISTRATORS.
E. "CURRENT SIGNIFICANT INVESTIGATIVE INFORMATION" MEANS:
1. INVESTIGATIVE INFORMATION THAT A LICENSING BOARD, AFTER A PRELIMI-
NARY INQUIRY THAT INCLUDES NOTIFICATION AND AN OPPORTUNITY FOR THE NURSE
TO RESPOND, IF REQUIRED BY STATE LAW, HAS REASON TO BELIEVE IS NOT
GROUNDLESS AND, IF PROVED TRUE, WOULD INDICATE MORE THAN A MINOR INFRAC-
TION; OR
2. INVESTIGATIVE INFORMATION THAT INDICATES THAT THE NURSE REPRESENTS
AN IMMEDIATE THREAT TO PUBLIC HEALTH AND SAFETY REGARDLESS OF WHETHER
THE NURSE HAS BEEN NOTIFIED AND HAD AN OPPORTUNITY TO RESPOND; OR
3. ANY INFORMATION CONCERNING A NURSE REPORTED TO A LICENSING BOARD BY
A HEALTH CARE ENTITY, HEALTH CARE PROFESSIONAL, OR ANY OTHER PERSON,
WHICH INDICATES THAT THE NURSE DEMONSTRATED AN IMPAIRMENT, GROSS INCOM-
PETENCE, OR UNPROFESSIONAL CONDUCT THAT WOULD PRESENT AN IMMINENT DANGER
TO A PATIENT OR THE PUBLIC HEALTH, SAFETY, OR WELFARE.
F. "ENCUMBRANCE" MEANS A REVOCATION OR SUSPENSION OF, OR ANY LIMITA-
TION ON, THE FULL AND UNRESTRICTED PRACTICE OF NURSING IMPOSED BY A
LICENSING BOARD.
G. "HOME STATE" MEANS THE PARTY STATE WHICH IS THE NURSE'S PRIMARY
STATE OF RESIDENCE.
S. 4007--A 201 A. 3007--A
H. "LICENSING BOARD" MEANS A PARTY STATE'S REGULATORY BODY RESPONSIBLE
FOR ISSUING NURSE LICENSES.
I. "MULTISTATE LICENSE" MEANS A LICENSE TO PRACTICE AS A REGISTERED
NURSE (RN) OR AS A LICENSED PRACTICAL/VOCATIONAL NURSE (LPN/VN), WHICH
IS ISSUED BY A HOME STATE LICENSING BOARD, AND WHICH AUTHORIZES THE
LICENSED NURSE TO PRACTICE IN ALL PARTY STATES UNDER A MULTISTATE LICEN-
SURE PRIVILEGE.
J. "MULTISTATE LICENSURE PRIVILEGE" MEANS A LEGAL AUTHORIZATION ASSO-
CIATED WITH A MULTISTATE LICENSE PERMITTING THE PRACTICE OF NURSING AS
EITHER A RN OR A LPN/VN IN A REMOTE STATE.
K. "NURSE" MEANS RN OR LPN/VN, AS THOSE TERMS ARE DEFINED BY EACH
PARTY STATE'S PRACTICE LAWS.
L. "PARTY STATE" MEANS ANY STATE THAT HAS ADOPTED THIS COMPACT.
M. "REMOTE STATE" MEANS A PARTY STATE, OTHER THAN THE HOME STATE.
N. "SINGLE-STATE LICENSE" MEANS A NURSE LICENSE ISSUED BY A PARTY
STATE THAT AUTHORIZES PRACTICE ONLY WITHIN THE ISSUING STATE AND DOES
NOT INCLUDE A MULTISTATE LICENSURE PRIVILEGE TO PRACTICE IN ANY OTHER
PARTY STATE.
O. "STATE" MEANS A STATE, TERRITORY OR POSSESSION OF THE UNITED STATES
AND THE DISTRICT OF COLUMBIA.
P. "STATE PRACTICE LAWS" MEANS A PARTY STATE'S LAWS, RULES AND REGU-
LATIONS THAT GOVERN THE PRACTICE OF NURSING, DEFINE THE SCOPE OF NURSING
PRACTICE, AND CREATE THE METHODS AND GROUNDS FOR IMPOSING DISCIPLINE.
"STATE PRACTICE LAWS" SHALL NOT INCLUDE REQUIREMENTS NECESSARY TO OBTAIN
AND RETAIN A LICENSE, EXCEPT FOR QUALIFICATIONS OR REQUIREMENTS OF THE
HOME STATE.
§ 8903. GENERAL PROVISIONS AND JURISDICTION. 1. GENERAL PROVISIONS AND
JURISDICTION. A. A MULTISTATE LICENSE TO PRACTICE REGISTERED OR LICENSED
PRACTICAL/VOCATIONAL NURSING ISSUED BY A HOME STATE TO A RESIDENT IN
THAT STATE WILL BE RECOGNIZED BY EACH PARTY STATE AS AUTHORIZING A NURSE
TO PRACTICE AS A REGISTERED NURSE (RN) OR AS A LICENSED
PRACTICAL/VOCATIONAL NURSE (LPN/VN), UNDER A MULTISTATE LICENSURE PRIVI-
LEGE, IN EACH PARTY STATE.
B. A STATE SHALL IMPLEMENT PROCEDURES FOR CONSIDERING THE CRIMINAL
HISTORY RECORDS OF APPLICANTS FOR AN INITIAL MULTISTATE LICENSE OR
LICENSURE BY ENDORSEMENT. SUCH PROCEDURES SHALL INCLUDE THE SUBMISSION
OF FINGERPRINTS OR OTHER BIOMETRIC-BASED INFORMATION BY APPLICANTS FOR
THE PURPOSE OF OBTAINING AN APPLICANT'S CRIMINAL HISTORY RECORD INFORMA-
TION FROM THE FEDERAL BUREAU OF INVESTIGATION AND THE AGENCY RESPONSIBLE
FOR RETAINING THAT STATE'S CRIMINAL RECORDS.
C. EACH PARTY STATE SHALL REQUIRE ITS LICENSING BOARD TO AUTHORIZE AN
APPLICANT TO OBTAIN OR RETAIN A MULTISTATE LICENSE IN THE HOME STATE
ONLY IF THE APPLICANT:
I. MEETS THE HOME STATE'S QUALIFICATIONS FOR LICENSURE OR RENEWAL OF
LICENSURE, AND COMPLIES WITH ALL OTHER APPLICABLE STATE LAWS;
II. (1) HAS GRADUATED OR IS ELIGIBLE TO GRADUATE FROM A LICENSING
BOARD-APPROVED RN OR LPN/VN PRELICENSURE EDUCATION PROGRAM; OR
(2) HAS GRADUATED FROM A FOREIGN RN OR LPN/VN PRELICENSURE EDUCATION
PROGRAM THAT HAS BEEN: (A) APPROVED BY THE AUTHORIZED ACCREDITING BODY
IN THE APPLICABLE COUNTRY, AND (B) VERIFIED BY AN INDEPENDENT CREDEN-
TIALS REVIEW AGENCY TO BE COMPARABLE TO A LICENSING BOARD-APPROVED PREL-
ICENSURE EDUCATION PROGRAM;
III. HAS, IF A GRADUATE OF A FOREIGN PRELICENSURE EDUCATION PROGRAM
NOT TAUGHT IN ENGLISH OR IF ENGLISH IS NOT THE INDIVIDUAL'S NATIVE
LANGUAGE, SUCCESSFULLY PASSED AN ENGLISH PROFICIENCY EXAMINATION THAT
INCLUDES THE COMPONENTS OF READING, SPEAKING, WRITING AND LISTENING;
S. 4007--A 202 A. 3007--A
IV. HAS SUCCESSFULLY PASSED AN NCLEX-RN OR NCLEX-PN EXAMINATION OR
RECOGNIZED PREDECESSOR, AS APPLICABLE;
V. IS ELIGIBLE FOR OR HOLDS AN ACTIVE, UNENCUMBERED LICENSE;
VI. HAS SUBMITTED, IN CONNECTION WITH AN APPLICATION FOR INITIAL
LICENSURE OR LICENSURE BY ENDORSEMENT, FINGERPRINTS OR OTHER BIOMETRIC
DATA FOR THE PURPOSE OF OBTAINING CRIMINAL HISTORY RECORD INFORMATION
FROM THE FEDERAL BUREAU OF INVESTIGATION AND THE AGENCY RESPONSIBLE FOR
RETAINING THAT STATE'S CRIMINAL RECORDS;
VII. HAS NOT BEEN CONVICTED OR FOUND GUILTY, OR HAS ENTERED INTO AN
AGREED DISPOSITION, OF A FELONY OFFENSE UNDER APPLICABLE STATE OR FEDER-
AL CRIMINAL LAW;
VIII. HAS NOT BEEN CONVICTED OR FOUND GUILTY, OR HAS ENTERED INTO AN
AGREED DISPOSITION, OF A MISDEMEANOR OFFENSE RELATED TO THE PRACTICE OF
NURSING AS DETERMINED ON A CASE-BY-CASE BASIS;
IX. IS NOT CURRENTLY ENROLLED IN AN ALTERNATIVE PROGRAM;
X. IS SUBJECT TO SELF-DISCLOSURE REQUIREMENTS REGARDING CURRENT
PARTICIPATION IN AN ALTERNATIVE PROGRAM; AND
XI. HAS A VALID UNITED STATES SOCIAL SECURITY NUMBER.
D. ALL PARTY STATES SHALL BE AUTHORIZED, IN ACCORDANCE WITH EXISTING
STATE DUE PROCESS LAW, TO TAKE ADVERSE ACTION AGAINST A NURSE'S MULTI-
STATE LICENSURE PRIVILEGE SUCH AS REVOCATION, SUSPENSION, PROBATION OR
ANY OTHER ACTION THAT AFFECTS A NURSE'S AUTHORIZATION TO PRACTICE UNDER
A MULTISTATE LICENSURE PRIVILEGE, INCLUDING CEASE AND DESIST ACTIONS. IF
A PARTY STATE TAKES SUCH ACTION, IT SHALL PROMPTLY NOTIFY THE ADMINIS-
TRATOR OF THE COORDINATED LICENSURE INFORMATION SYSTEM. THE ADMINISTRA-
TOR OF THE COORDINATED LICENSURE INFORMATION SYSTEM SHALL PROMPTLY NOTI-
FY THE HOME STATE OF ANY SUCH ACTIONS BY REMOTE STATES.
E. A NURSE PRACTICING IN A PARTY STATE SHALL COMPLY WITH THE STATE
PRACTICE LAWS OF THE STATE IN WHICH THE CLIENT IS LOCATED AT THE TIME
SERVICE IS PROVIDED. THE PRACTICE OF NURSING IS NOT LIMITED TO PATIENT
CARE BUT SHALL INCLUDE ALL NURSING PRACTICE AS DEFINED BY THE STATE
PRACTICE LAWS OF THE PARTY STATE IN WHICH THE CLIENT IS LOCATED. THE
PRACTICE OF NURSING IN A PARTY STATE UNDER A MULTISTATE LICENSURE PRIVI-
LEGE WILL SUBJECT A NURSE TO THE JURISDICTION OF THE LICENSING BOARD,
THE COURTS AND THE LAWS OF THE PARTY STATE IN WHICH THE CLIENT IS
LOCATED AT THE TIME SERVICE IS PROVIDED.
F. INDIVIDUALS NOT RESIDING IN A PARTY STATE SHALL CONTINUE TO BE ABLE
TO APPLY FOR A PARTY STATE'S SINGLE-STATE LICENSE AS PROVIDED UNDER THE
LAWS OF EACH PARTY STATE. HOWEVER, THE SINGLE-STATE LICENSE GRANTED TO
THESE INDIVIDUALS WILL NOT BE RECOGNIZED AS GRANTING THE PRIVILEGE TO
PRACTICE NURSING IN ANY OTHER PARTY STATE. NOTHING IN THIS COMPACT SHALL
AFFECT THE REQUIREMENTS ESTABLISHED BY A PARTY STATE FOR THE ISSUANCE OF
A SINGLE-STATE LICENSE.
G. ANY NURSE HOLDING A HOME STATE MULTISTATE LICENSE, ON THE EFFECTIVE
DATE OF THIS COMPACT, MAY RETAIN AND RENEW THE MULTISTATE LICENSE ISSUED
BY THE NURSE'S THEN-CURRENT HOME STATE, PROVIDED THAT:
I. A NURSE, WHO CHANGES PRIMARY STATE OF RESIDENCE AFTER THIS
COMPACT'S EFFECTIVE DATE, SHALL MEET ALL APPLICABLE REQUIREMENTS SET
FORTH IN THIS ARTICLE TO OBTAIN A MULTISTATE LICENSE FROM A NEW HOME
STATE.
II. A NURSE WHO FAILS TO SATISFY THE MULTISTATE LICENSURE REQUIREMENTS
SET FORTH IN THIS ARTICLE DUE TO A DISQUALIFYING EVENT OCCURRING AFTER
THIS COMPACT'S EFFECTIVE DATE SHALL BE INELIGIBLE TO RETAIN OR RENEW A
MULTISTATE LICENSE, AND THE NURSE'S MULTISTATE LICENSE SHALL BE REVOKED
OR DEACTIVATED IN ACCORDANCE WITH APPLICABLE RULES ADOPTED BY THE
COMMISSION.
S. 4007--A 203 A. 3007--A
§ 8904. APPLICATIONS FOR LICENSURE IN A PARTY STATE. 1. APPLICATIONS
FOR LICENSURE IN A PARTY STATE. A. UPON APPLICATION FOR A MULTISTATE
LICENSE, THE LICENSING BOARD IN THE ISSUING PARTY STATE SHALL ASCERTAIN,
THROUGH THE COORDINATED LICENSURE INFORMATION SYSTEM, WHETHER THE APPLI-
CANT HAS EVER HELD, OR IS THE HOLDER OF, A LICENSE ISSUED BY ANY OTHER
STATE, WHETHER THERE ARE ANY ENCUMBRANCES ON ANY LICENSE OR MULTISTATE
LICENSURE PRIVILEGE HELD BY THE APPLICANT, WHETHER ANY ADVERSE ACTION
HAS BEEN TAKEN AGAINST ANY LICENSE OR MULTISTATE LICENSURE PRIVILEGE
HELD BY THE APPLICANT AND WHETHER THE APPLICANT IS CURRENTLY PARTICIPAT-
ING IN AN ALTERNATIVE PROGRAM.
B. A NURSE MAY HOLD A MULTISTATE LICENSE, ISSUED BY THE HOME STATE, IN
ONLY ONE PARTY STATE AT A TIME.
C. IF A NURSE CHANGES PRIMARY STATE OF RESIDENCE BY MOVING BETWEEN TWO
PARTY STATES, THE NURSE MUST APPLY FOR LICENSURE IN THE NEW HOME STATE,
AND THE MULTISTATE LICENSE ISSUED BY THE PRIOR HOME STATE WILL BE DEAC-
TIVATED IN ACCORDANCE WITH APPLICABLE RULES ADOPTED BY THE COMMISSION.
I. THE NURSE MAY APPLY FOR LICENSURE IN ADVANCE OF A CHANGE IN PRIMARY
STATE OF RESIDENCE.
II. A MULTISTATE LICENSE SHALL NOT BE ISSUED BY THE NEW HOME STATE
UNTIL THE NURSE PROVIDES SATISFACTORY EVIDENCE OF A CHANGE IN PRIMARY
STATE OF RESIDENCE TO THE NEW HOME STATE AND SATISFIES ALL APPLICABLE
REQUIREMENTS TO OBTAIN A MULTISTATE LICENSE FROM THE NEW HOME STATE.
D. IF A NURSE CHANGES PRIMARY STATE OF RESIDENCE BY MOVING FROM A
PARTY STATE TO A NON-PARTY STATE, THE MULTISTATE LICENSE ISSUED BY THE
PRIOR HOME STATE WILL CONVERT TO A SINGLE-STATE LICENSE, VALID ONLY IN
THE FORMER HOME STATE.
§ 8905. ADDITIONAL AUTHORITIES INVESTED IN PARTY STATE LICENSING
BOARDS. 1. LICENSING BOARD AUTHORITY. IN ADDITION TO THE OTHER POWERS
CONFERRED BY STATE LAW, A LICENSING BOARD SHALL HAVE THE AUTHORITY TO:
A. TAKE ADVERSE ACTION AGAINST A NURSE'S MULTISTATE LICENSURE PRIVI-
LEGE TO PRACTICE WITHIN THAT PARTY STATE.
I. ONLY THE HOME STATE SHALL HAVE THE POWER TO TAKE ADVERSE ACTION
AGAINST A NURSE'S LICENSE ISSUED BY THE HOME STATE.
II. FOR PURPOSES OF TAKING ADVERSE ACTION, THE HOME STATE LICENSING
BOARD SHALL GIVE THE SAME PRIORITY AND EFFECT TO REPORTED CONDUCT
RECEIVED FROM A REMOTE STATE AS IT WOULD IF SUCH CONDUCT HAD OCCURRED
WITHIN THE HOME STATE. IN SO DOING, THE HOME STATE SHALL APPLY ITS OWN
STATE LAWS TO DETERMINE APPROPRIATE ACTION.
B. ISSUE CEASE AND DESIST ORDERS OR IMPOSE AN ENCUMBRANCE ON A NURSE'S
AUTHORITY TO PRACTICE WITHIN THAT PARTY STATE.
C. COMPLETE ANY PENDING INVESTIGATIONS OF A NURSE WHO CHANGES PRIMARY
STATE OF RESIDENCE DURING THE COURSE OF SUCH INVESTIGATIONS. THE LICENS-
ING BOARD SHALL ALSO HAVE THE AUTHORITY TO TAKE APPROPRIATE ACTION OR
ACTIONS AND SHALL PROMPTLY REPORT THE CONCLUSIONS OF SUCH INVESTIGATIONS
TO THE ADMINISTRATOR OF THE COORDINATED LICENSURE INFORMATION SYSTEM.
THE ADMINISTRATOR OF THE COORDINATED LICENSURE INFORMATION SYSTEM SHALL
PROMPTLY NOTIFY THE NEW HOME STATE OF ANY SUCH ACTIONS.
D. ISSUE SUBPOENAS FOR BOTH HEARINGS AND INVESTIGATIONS THAT REQUIRE
THE ATTENDANCE AND TESTIMONY OF WITNESSES, AS WELL AS THE PRODUCTION OF
EVIDENCE. SUBPOENAS ISSUED BY A LICENSING BOARD IN A PARTY STATE FOR THE
ATTENDANCE AND TESTIMONY OF WITNESSES OR THE PRODUCTION OF EVIDENCE FROM
ANOTHER PARTY STATE SHALL BE ENFORCED IN THE LATTER STATE BY ANY COURT
OF COMPETENT JURISDICTION, ACCORDING TO THE PRACTICE AND PROCEDURE OF
THAT COURT APPLICABLE TO SUBPOENAS ISSUED IN PROCEEDINGS PENDING BEFORE
IT. THE ISSUING AUTHORITY SHALL PAY ANY WITNESS FEES, TRAVEL EXPENSES,
S. 4007--A 204 A. 3007--A
MILEAGE AND OTHER FEES REQUIRED BY THE SERVICE STATUTES OF THE STATE IN
WHICH THE WITNESSES OR EVIDENCE ARE LOCATED.
E. OBTAIN AND SUBMIT, FOR EACH NURSE LICENSURE APPLICANT, FINGERPRINT
OR OTHER BIOMETRIC-BASED INFORMATION TO THE FEDERAL BUREAU OF INVESTI-
GATION FOR CRIMINAL BACKGROUND CHECKS, RECEIVE THE RESULTS OF THE FEDER-
AL BUREAU OF INVESTIGATION RECORD SEARCH ON CRIMINAL BACKGROUND CHECKS
AND USE THE RESULTS IN MAKING LICENSURE DECISIONS.
F. IF OTHERWISE PERMITTED BY STATE LAW, RECOVER FROM THE AFFECTED
NURSE THE COSTS OF INVESTIGATIONS AND DISPOSITION OF CASES RESULTING
FROM ANY ADVERSE ACTION TAKEN AGAINST THAT NURSE.
G. TAKE ADVERSE ACTION BASED ON THE FACTUAL FINDINGS OF THE REMOTE
STATE, PROVIDED THAT THE LICENSING BOARD FOLLOWS ITS OWN PROCEDURES FOR
TAKING SUCH ADVERSE ACTION.
2. ADVERSE ACTIONS. A. IF ADVERSE ACTION IS TAKEN BY THE HOME STATE
AGAINST A NURSE'S MULTISTATE LICENSE, THE NURSE'S MULTISTATE LICENSURE
PRIVILEGE TO PRACTICE IN ALL OTHER PARTY STATES SHALL BE DEACTIVATED
UNTIL ALL ENCUMBRANCES HAVE BEEN REMOVED FROM THE MULTISTATE LICENSE.
ALL HOME STATE DISCIPLINARY ORDERS THAT IMPOSE ADVERSE ACTION AGAINST A
NURSE'S MULTISTATE LICENSE SHALL INCLUDE A STATEMENT THAT THE NURSE'S
MULTISTATE LICENSURE PRIVILEGE IS DEACTIVATED IN ALL PARTY STATES DURING
THE PENDENCY OF THE ORDER.
B. NOTHING IN THIS COMPACT SHALL OVERRIDE A PARTY STATE'S DECISION
THAT PARTICIPATION IN AN ALTERNATIVE PROGRAM MAY BE USED IN LIEU OF
ADVERSE ACTION. THE HOME STATE LICENSING BOARD SHALL DEACTIVATE THE
MULTISTATE LICENSURE PRIVILEGE UNDER THE MULTISTATE LICENSE OF ANY NURSE
FOR THE DURATION OF THE NURSE'S PARTICIPATION IN AN ALTERNATIVE PROGRAM.
§ 8906. COORDINATED LICENSURE INFORMATION SYSTEM AND EXCHANGE OF
INFORMATION. 1. COORDINATED LICENSURE INFORMATION SYSTEM AND EXCHANGE
OF INFORMATION. A. ALL PARTY STATES SHALL PARTICIPATE IN A COORDINATED
LICENSURE INFORMATION SYSTEM OF ALL LICENSED REGISTERED NURSES (RNS) AND
LICENSED PRACTICAL/VOCATIONAL NURSES (LPNS/VNS). THIS SYSTEM WILL
INCLUDE INFORMATION ON THE LICENSURE AND DISCIPLINARY HISTORY OF EACH
NURSE, AS SUBMITTED BY PARTY STATES, TO ASSIST IN THE COORDINATION OF
NURSE LICENSURE AND ENFORCEMENT EFFORTS.
B. THE COMMISSION, IN CONSULTATION WITH THE ADMINISTRATOR OF THE COOR-
DINATED LICENSURE INFORMATION SYSTEM, SHALL FORMULATE NECESSARY AND
PROPER PROCEDURES FOR THE IDENTIFICATION, COLLECTION AND EXCHANGE OF
INFORMATION UNDER THIS COMPACT.
C. ALL LICENSING BOARDS SHALL PROMPTLY REPORT TO THE COORDINATED
LICENSURE INFORMATION SYSTEM ANY ADVERSE ACTION, ANY CURRENT SIGNIFICANT
INVESTIGATIVE INFORMATION, DENIALS OF APPLICATIONS WITH THE REASONS FOR
SUCH DENIALS AND NURSE PARTICIPATION IN ALTERNATIVE PROGRAMS KNOWN TO
THE LICENSING BOARD REGARDLESS OF WHETHER SUCH PARTICIPATION IS DEEMED
NONPUBLIC OR CONFIDENTIAL UNDER STATE LAW.
D. CURRENT SIGNIFICANT INVESTIGATIVE INFORMATION AND PARTICIPATION IN
NONPUBLIC OR CONFIDENTIAL ALTERNATIVE PROGRAMS SHALL BE TRANSMITTED
THROUGH THE COORDINATED LICENSURE INFORMATION SYSTEM ONLY TO PARTY STATE
LICENSING BOARDS.
E. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, ALL PARTY STATE LICENS-
ING BOARDS CONTRIBUTING INFORMATION TO THE COORDINATED LICENSURE INFOR-
MATION SYSTEM MAY DESIGNATE INFORMATION THAT MAY NOT BE SHARED WITH
NON-PARTY STATES OR DISCLOSED TO OTHER ENTITIES OR INDIVIDUALS WITHOUT
THE EXPRESS PERMISSION OF THE CONTRIBUTING STATE.
F. ANY PERSONALLY IDENTIFIABLE INFORMATION OBTAINED FROM THE COORDI-
NATED LICENSURE INFORMATION SYSTEM BY A PARTY STATE LICENSING BOARD
SHALL NOT BE SHARED WITH NON-PARTY STATES OR DISCLOSED TO OTHER ENTITIES
S. 4007--A 205 A. 3007--A
OR INDIVIDUALS EXCEPT TO THE EXTENT PERMITTED BY THE LAWS OF THE PARTY
STATE CONTRIBUTING THE INFORMATION.
G. ANY INFORMATION CONTRIBUTED TO THE COORDINATED LICENSURE INFORMA-
TION SYSTEM THAT IS SUBSEQUENTLY REQUIRED TO BE EXPUNGED BY THE LAWS OF
THE PARTY STATE CONTRIBUTING THAT INFORMATION SHALL ALSO BE EXPUNGED
FROM THE COORDINATED LICENSURE INFORMATION SYSTEM.
H. THE COMPACT ADMINISTRATOR OF EACH PARTY STATE SHALL FURNISH A
UNIFORM DATA SET TO THE COMPACT ADMINISTRATOR OF EACH OTHER PARTY STATE,
WHICH SHALL INCLUDE, AT A MINIMUM:
I. IDENTIFYING INFORMATION;
II. LICENSURE DATA;
III. INFORMATION RELATED TO ALTERNATIVE PROGRAM PARTICIPATION; AND
IV. OTHER INFORMATION THAT MAY FACILITATE THE ADMINISTRATION OF THIS
COMPACT, AS DETERMINED BY COMMISSION RULES.
I. THE COMPACT ADMINISTRATOR OF A PARTY STATE SHALL PROVIDE ALL INVES-
TIGATIVE DOCUMENTS AND INFORMATION REQUESTED BY ANOTHER PARTY STATE.
§ 8907. ESTABLISHMENT OF THE INTERSTATE COMMISSION OF NURSE LICENSURE
COMPACT ADMINISTRATORS. 1. COMMISSION OF NURSE LICENSURE COMPACT ADMIN-
ISTRATORS. THE PARTY STATES HEREBY CREATE AND ESTABLISH A JOINT PUBLIC
ENTITY KNOWN AS THE INTERSTATE COMMISSION OF NURSE LICENSURE COMPACT
ADMINISTRATORS. THE COMMISSION IS AN INSTRUMENTALITY OF THE PARTY
STATES.
2. VENUE. VENUE IS PROPER, AND JUDICIAL PROCEEDINGS BY OR AGAINST THE
COMMISSION SHALL BE BROUGHT SOLELY AND EXCLUSIVELY, IN A COURT OF COMPE-
TENT JURISDICTION WHERE THE PRINCIPAL OFFICE OF THE COMMISSION IS
LOCATED. THE COMMISSION MAY WAIVE VENUE AND JURISDICTIONAL DEFENSES TO
THE EXTENT IT ADOPTS OR CONSENTS TO PARTICIPATE IN ALTERNATIVE DISPUTE
RESOLUTION PROCEEDINGS.
3. SOVEREIGN IMMUNITY. NOTHING IN THIS COMPACT SHALL BE CONSTRUED TO
BE A WAIVER OF SOVEREIGN IMMUNITY.
4. MEMBERSHIP, VOTING AND MEETINGS. A. EACH PARTY STATE SHALL HAVE AND
BE LIMITED TO ONE ADMINISTRATOR. THE HEAD OF THE STATE LICENSING BOARD
OR DESIGNEE SHALL BE THE ADMINISTRATOR OF THIS COMPACT FOR EACH PARTY
STATE. ANY ADMINISTRATOR MAY BE REMOVED OR SUSPENDED FROM OFFICE AS
PROVIDED BY THE LAW OF THE STATE FROM WHICH THE ADMINISTRATOR IS
APPOINTED. ANY VACANCY OCCURRING IN THE COMMISSION SHALL BE FILLED IN
ACCORDANCE WITH THE LAWS OF THE PARTY STATE IN WHICH THE VACANCY EXISTS.
B. EACH ADMINISTRATOR SHALL BE ENTITLED TO ONE VOTE WITH REGARD TO THE
PROMULGATION OF RULES AND CREATION OF BYLAWS AND SHALL OTHERWISE HAVE AN
OPPORTUNITY TO PARTICIPATE IN THE BUSINESS AND AFFAIRS OF THE COMMIS-
SION. AN ADMINISTRATOR SHALL VOTE IN PERSON OR BY SUCH OTHER MEANS AS
PROVIDED IN THE BYLAWS. THE BYLAWS MAY PROVIDE FOR AN ADMINISTRATOR'S
PARTICIPATION IN MEETINGS BY TELEPHONE OR OTHER MEANS OF COMMUNICATION.
C. THE COMMISSION SHALL MEET AT LEAST ONCE DURING EACH CALENDAR YEAR.
ADDITIONAL MEETINGS SHALL BE HELD AS SET FORTH IN THE BYLAWS OR RULES OF
THE COMMISSION.
D. ALL MEETINGS SHALL BE OPEN TO THE PUBLIC, AND PUBLIC NOTICE OF
MEETINGS SHALL BE GIVEN IN THE SAME MANNER AS REQUIRED UNDER THE RULE-
MAKING PROVISIONS IN SECTION EIGHTY-NINE HUNDRED THREE OF THIS ARTICLE.
5. CLOSED MEETINGS. A. THE COMMISSION MAY CONVENE IN A CLOSED, NONPUB-
LIC MEETING IF THE COMMISSION SHALL DISCUSS:
I. NONCOMPLIANCE OF A PARTY STATE WITH ITS OBLIGATIONS UNDER THIS
COMPACT;
II. THE EMPLOYMENT, COMPENSATION, DISCIPLINE OR OTHER PERSONNEL
MATTERS, PRACTICES OR PROCEDURES RELATED TO SPECIFIC EMPLOYEES OR OTHER
S. 4007--A 206 A. 3007--A
MATTERS RELATED TO THE COMMISSION'S INTERNAL PERSONNEL PRACTICES AND
PROCEDURES;
III. CURRENT, THREATENED OR REASONABLY ANTICIPATED LITIGATION;
IV. NEGOTIATION OF CONTRACTS FOR THE PURCHASE OR SALE OF GOODS,
SERVICES OR REAL ESTATE;
V. ACCUSING ANY PERSON OF A CRIME OR FORMALLY CENSURING ANY PERSON;
VI. DISCLOSURE OF TRADE SECRETS OR COMMERCIAL OR FINANCIAL INFORMATION
THAT IS PRIVILEGED OR CONFIDENTIAL;
VII. DISCLOSURE OF INFORMATION OF A PERSONAL NATURE WHERE DISCLOSURE
WOULD CONSTITUTE A CLEARLY UNWARRANTED INVASION OF PERSONAL PRIVACY;
VIII. DISCLOSURE OF INVESTIGATORY RECORDS COMPILED FOR LAW ENFORCEMENT
PURPOSES;
IX. DISCLOSURE OF INFORMATION RELATED TO ANY REPORTS PREPARED BY OR ON
BEHALF OF THE COMMISSION FOR THE PURPOSE OF INVESTIGATION OF COMPLIANCE
WITH THIS COMPACT; OR
X. MATTERS SPECIFICALLY EXEMPTED FROM DISCLOSURE BY FEDERAL OR STATE
STATUTE.
B. IF A MEETING, OR PORTION OF A MEETING, IS CLOSED PURSUANT TO THIS
PARAGRAPH THE COMMISSION'S LEGAL COUNSEL OR DESIGNEE SHALL CERTIFY THAT
THE MEETING MAY BE CLOSED AND SHALL REFERENCE EACH RELEVANT EXEMPTING
PROVISION. THE COMMISSION SHALL KEEP MINUTES THAT FULLY AND CLEARLY
DESCRIBE ALL MATTERS DISCUSSED IN A MEETING AND SHALL PROVIDE A FULL AND
ACCURATE SUMMARY OF ACTIONS TAKEN, AND THE REASONS THEREFOR, INCLUDING A
DESCRIPTION OF THE VIEWS EXPRESSED. ALL DOCUMENTS CONSIDERED IN
CONNECTION WITH AN ACTION SHALL BE IDENTIFIED IN SUCH MINUTES. ALL
MINUTES AND DOCUMENTS OF A CLOSED MEETING SHALL REMAIN UNDER SEAL,
SUBJECT TO RELEASE BY A MAJORITY VOTE OF THE COMMISSION OR ORDER OF A
COURT OF COMPETENT JURISDICTION.
C. THE COMMISSION SHALL, BY A MAJORITY VOTE OF THE ADMINISTRATORS,
PRESCRIBE BYLAWS OR RULES TO GOVERN ITS CONDUCT AS MAY BE NECESSARY OR
APPROPRIATE TO CARRY OUT THE PURPOSES AND EXERCISE THE POWERS OF THIS
COMPACT, INCLUDING BUT NOT LIMITED TO:
I. ESTABLISHING THE FISCAL YEAR OF THE COMMISSION;
II. PROVIDING REASONABLE STANDARDS AND PROCEDURES:
(1) FOR THE ESTABLISHMENT AND MEETINGS OF OTHER COMMITTEES; AND
(2) GOVERNING ANY GENERAL OR SPECIFIC DELEGATION OF ANY AUTHORITY OR
FUNCTION OF THE COMMISSION;
III. PROVIDING REASONABLE PROCEDURES FOR CALLING AND CONDUCTING MEET-
INGS OF THE COMMISSION, ENSURING REASONABLE ADVANCE NOTICE OF ALL MEET-
INGS AND PROVIDING AN OPPORTUNITY FOR ATTENDANCE OF SUCH MEETINGS BY
INTERESTED PARTIES, WITH ENUMERATED EXCEPTIONS DESIGNED TO PROTECT THE
PUBLIC'S INTEREST, THE PRIVACY OF INDIVIDUALS, AND PROPRIETARY INFORMA-
TION, INCLUDING TRADE SECRETS. THE COMMISSION MAY MEET IN CLOSED SESSION
ONLY AFTER A MAJORITY OF THE ADMINISTRATORS VOTE TO CLOSE A MEETING IN
WHOLE OR IN PART. AS SOON AS PRACTICABLE, THE COMMISSION MUST MAKE
PUBLIC A COPY OF THE VOTE TO CLOSE THE MEETING REVEALING THE VOTE OF
EACH ADMINISTRATOR, WITH NO PROXY VOTES ALLOWED;
IV. ESTABLISHING THE TITLES, DUTIES AND AUTHORITY AND REASONABLE
PROCEDURES FOR THE ELECTION OF THE OFFICERS OF THE COMMISSION;
V. PROVIDING REASONABLE STANDARDS AND PROCEDURES FOR THE ESTABLISHMENT
OF THE PERSONNEL POLICIES AND PROGRAMS OF THE COMMISSION. NOTWITHSTAND-
ING ANY CIVIL SERVICE OR OTHER SIMILAR LAWS OF ANY PARTY STATE, THE
BYLAWS SHALL EXCLUSIVELY GOVERN THE PERSONNEL POLICIES AND PROGRAMS OF
THE COMMISSION; AND
VI. PROVIDING A MECHANISM FOR WINDING UP THE OPERATIONS OF THE COMMIS-
SION AND THE EQUITABLE DISPOSITION OF ANY SURPLUS FUNDS THAT MAY EXIST
S. 4007--A 207 A. 3007--A
AFTER THE TERMINATION OF THIS COMPACT AFTER THE PAYMENT OR RESERVING OF
ALL OF ITS DEBTS AND OBLIGATIONS.
6. GENERAL PROVISIONS. A. THE COMMISSION SHALL PUBLISH ITS BYLAWS AND
RULES, AND ANY AMENDMENTS THERETO, IN A CONVENIENT FORM ON THE WEBSITE
OF THE COMMISSION.
B. THE COMMISSION SHALL MAINTAIN ITS FINANCIAL RECORDS IN ACCORDANCE
WITH THE BYLAWS.
C. THE COMMISSION SHALL MEET AND TAKE SUCH ACTIONS AS ARE CONSISTENT
WITH THE PROVISIONS OF THIS COMPACT AND THE BYLAWS.
7. POWERS OF THE COMMISSION. THE COMMISSION SHALL HAVE THE FOLLOWING
POWERS:
A. TO PROMULGATE UNIFORM RULES TO FACILITATE AND COORDINATE IMPLEMEN-
TATION AND ADMINISTRATION OF THIS COMPACT. THE RULES SHALL HAVE THE
FORCE AND EFFECT OF LAW AND SHALL BE BINDING IN ALL PARTY STATES;
B. TO BRING AND PROSECUTE LEGAL PROCEEDINGS OR ACTIONS IN THE NAME OF
THE COMMISSION, PROVIDED THAT THE STANDING OF ANY LICENSING BOARD TO SUE
OR BE SUED UNDER APPLICABLE LAW SHALL NOT BE AFFECTED;
C. TO PURCHASE AND MAINTAIN INSURANCE AND BONDS;
D. TO BORROW, ACCEPT OR CONTRACT FOR SERVICES OF PERSONNEL, INCLUDING,
BUT NOT LIMITED TO, EMPLOYEES OF A PARTY STATE OR NONPROFIT ORGANIZA-
TIONS;
E. TO COOPERATE WITH OTHER ORGANIZATIONS THAT ADMINISTER STATE
COMPACTS RELATED TO THE REGULATION OF NURSING, INCLUDING BUT NOT LIMITED
TO SHARING ADMINISTRATIVE OR STAFF EXPENSES, OFFICE SPACE OR OTHER
RESOURCES;
F. TO HIRE EMPLOYEES, ELECT OR APPOINT OFFICERS, FIX COMPENSATION,
DEFINE DUTIES, GRANT SUCH INDIVIDUALS APPROPRIATE AUTHORITY TO CARRY OUT
THE PURPOSES OF THIS COMPACT, AND TO ESTABLISH THE COMMISSION'S PERSON-
NEL POLICIES AND PROGRAMS RELATING TO CONFLICTS OF INTEREST, QUALIFICA-
TIONS OF PERSONNEL AND OTHER RELATED PERSONNEL MATTERS;
G. TO ACCEPT ANY AND ALL APPROPRIATE DONATIONS, GRANTS AND GIFTS OF
MONEY, EQUIPMENT, SUPPLIES, MATERIALS AND SERVICES, AND TO RECEIVE,
UTILIZE AND DISPOSE OF THE SAME; PROVIDED THAT AT ALL TIMES THE COMMIS-
SION SHALL AVOID ANY APPEARANCE OF IMPROPRIETY OR CONFLICT OF INTEREST;
H. TO LEASE, PURCHASE, ACCEPT APPROPRIATE GIFTS OR DONATIONS OF, OR
OTHERWISE TO OWN, HOLD, IMPROVE OR USE, ANY PROPERTY, WHETHER REAL,
PERSONAL OR MIXED; PROVIDED THAT AT ALL TIMES THE COMMISSION SHALL AVOID
ANY APPEARANCE OF IMPROPRIETY;
I. TO SELL, CONVEY, MORTGAGE, PLEDGE, LEASE, EXCHANGE, ABANDON OR
OTHERWISE DISPOSE OF ANY PROPERTY, WHETHER REAL, PERSONAL OR MIXED;
J. TO ESTABLISH A BUDGET AND MAKE EXPENDITURES;
K. TO BORROW MONEY;
L. TO APPOINT COMMITTEES, INCLUDING ADVISORY COMMITTEES COMPRISED OF
ADMINISTRATORS, STATE NURSING REGULATORS, STATE LEGISLATORS OR THEIR
REPRESENTATIVES, AND CONSUMER REPRESENTATIVES, AND OTHER SUCH INTERESTED
PERSONS;
M. TO PROVIDE AND RECEIVE INFORMATION FROM, AND TO COOPERATE WITH, LAW
ENFORCEMENT AGENCIES;
N. TO ADOPT AND USE AN OFFICIAL SEAL; AND
O. TO PERFORM SUCH OTHER FUNCTIONS AS MAY BE NECESSARY OR APPROPRIATE
TO ACHIEVE THE PURPOSES OF THIS COMPACT CONSISTENT WITH THE STATE REGU-
LATION OF NURSE LICENSURE AND PRACTICE.
8. FINANCING OF THE COMMISSION. A. THE COMMISSION SHALL PAY, OR
PROVIDE FOR THE PAYMENT OF, THE REASONABLE EXPENSES OF ITS ESTABLISH-
MENT, ORGANIZATION AND ONGOING ACTIVITIES.
S. 4007--A 208 A. 3007--A
B. THE COMMISSION MAY ALSO LEVY ON AND COLLECT AN ANNUAL ASSESSMENT
FROM EACH PARTY STATE TO COVER THE COST OF ITS OPERATIONS, ACTIVITIES
AND STAFF IN ITS ANNUAL BUDGET AS APPROVED EACH YEAR. THE AGGREGATE
ANNUAL ASSESSMENT AMOUNT, IF ANY, SHALL BE ALLOCATED BASED UPON A FORMU-
LA TO BE DETERMINED BY THE COMMISSION, WHICH SHALL PROMULGATE A RULE
THAT IS BINDING UPON ALL PARTY STATES.
C. THE COMMISSION SHALL NOT INCUR OBLIGATIONS OF ANY KIND PRIOR TO
SECURING THE FUNDS ADEQUATE TO MEET THE SAME; NOR SHALL THE COMMISSION
PLEDGE THE CREDIT OF ANY OF THE PARTY STATES, EXCEPT BY, AND WITH THE
AUTHORITY OF, SUCH PARTY STATE.
D. THE COMMISSION SHALL KEEP ACCURATE ACCOUNTS OF ALL RECEIPTS AND
DISBURSEMENTS. THE RECEIPTS AND DISBURSEMENTS OF THE COMMISSION SHALL BE
SUBJECT TO THE AUDIT AND ACCOUNTING PROCEDURES ESTABLISHED UNDER ITS
BYLAWS. HOWEVER, ALL RECEIPTS AND DISBURSEMENTS OF FUNDS HANDLED BY THE
COMMISSION SHALL BE AUDITED YEARLY BY A CERTIFIED OR LICENSED PUBLIC
ACCOUNTANT, AND THE REPORT OF THE AUDIT SHALL BE INCLUDED IN AND BECOME
PART OF THE ANNUAL REPORT OF THE COMMISSION.
9. QUALIFIED IMMUNITY, DEFENSE AND INDEMNIFICATION. A. THE ADMINISTRA-
TORS, OFFICERS, EXECUTIVE DIRECTOR, EMPLOYEES AND REPRESENTATIVES OF THE
COMMISSION SHALL BE IMMUNE FROM SUIT AND LIABILITY, EITHER PERSONALLY OR
IN THEIR OFFICIAL CAPACITY, FOR ANY CLAIM FOR DAMAGE TO OR LOSS OF PROP-
ERTY OR PERSONAL INJURY OR OTHER CIVIL LIABILITY CAUSED BY OR ARISING
OUT OF ANY ACTUAL OR ALLEGED ACT, ERROR OR OMISSION THAT OCCURRED, OR
THAT THE PERSON AGAINST WHOM THE CLAIM IS MADE HAD A REASONABLE BASIS
FOR BELIEVING OCCURRED, WITHIN THE SCOPE OF THE COMMISSION'S EMPLOYMENT,
DUTIES OR RESPONSIBILITIES; PROVIDED THAT NOTHING IN THIS PARAGRAPH
SHALL BE CONSTRUED TO PROTECT ANY SUCH PERSON FROM SUIT OR LIABILITY FOR
ANY DAMAGE, LOSS, INJURY OR LIABILITY CAUSED BY THE INTENTIONAL, WILLFUL
OR WANTON MISCONDUCT OF THAT PERSON.
B. THE COMMISSION SHALL DEFEND ANY ADMINISTRATOR, OFFICER, EXECUTIVE
DIRECTOR, EMPLOYEE OR REPRESENTATIVE OF THE COMMISSION IN ANY CIVIL
ACTION SEEKING TO IMPOSE LIABILITY ARISING OUT OF ANY ACTUAL OR ALLEGED
ACT, ERROR OR OMISSION THAT OCCURRED WITHIN THE SCOPE OF THE COMMIS-
SION'S EMPLOYMENT, DUTIES OR RESPONSIBILITIES, OR THAT THE PERSON
AGAINST WHOM THE CLAIM IS MADE HAD A REASONABLE BASIS FOR BELIEVING
OCCURRED WITHIN THE SCOPE OF THE COMMISSION'S EMPLOYMENT, DUTIES OR
RESPONSIBILITIES; PROVIDED THAT NOTHING HEREIN SHALL BE CONSTRUED TO
PROHIBIT THAT PERSON FROM RETAINING HIS OR HER OWN COUNSEL; AND PROVIDED
FURTHER THAT THE ACTUAL OR ALLEGED ACT, ERROR OR OMISSION DID NOT RESULT
FROM THAT PERSON'S INTENTIONAL, WILLFUL OR WANTON MISCONDUCT.
C. THE COMMISSION SHALL INDEMNIFY AND HOLD HARMLESS ANY ADMINISTRATOR,
OFFICER, EXECUTIVE DIRECTOR, EMPLOYEE OR REPRESENTATIVE OF THE COMMIS-
SION FOR THE AMOUNT OF ANY SETTLEMENT OR JUDGMENT OBTAINED AGAINST THAT
PERSON ARISING OUT OF ANY ACTUAL OR ALLEGED ACT, ERROR OR OMISSION THAT
OCCURRED WITHIN THE SCOPE OF THE COMMISSION'S EMPLOYMENT, DUTIES OR
RESPONSIBILITIES, OR THAT SUCH PERSON HAD A REASONABLE BASIS FOR BELIEV-
ING OCCURRED WITHIN THE SCOPE OF THE COMMISSION'S EMPLOYMENT, DUTIES OR
RESPONSIBILITIES, PROVIDED THAT THE ACTUAL OR ALLEGED ACT, ERROR OR
OMISSION DID NOT RESULT FROM THE INTENTIONAL, WILLFUL OR WANTON MISCON-
DUCT OF THAT PERSON.
§ 8908. RULEMAKING. 1. RULEMAKING. A. THE COMMISSION SHALL EXERCISE
ITS RULEMAKING POWERS PURSUANT TO THE CRITERIA SET FORTH IN THIS ARTICLE
AND THE RULES ADOPTED THEREUNDER. RULES AND AMENDMENTS SHALL BECOME
BINDING AS OF THE DATE SPECIFIED IN EACH RULE OR AMENDMENT AND SHALL
HAVE THE SAME FORCE AND EFFECT AS PROVISIONS OF THIS COMPACT.
S. 4007--A 209 A. 3007--A
B. RULES OR AMENDMENTS TO THE RULES SHALL BE ADOPTED AT A REGULAR OR
SPECIAL MEETING OF THE COMMISSION.
2. NOTICE. A. PRIOR TO PROMULGATION AND ADOPTION OF A FINAL RULE OR
RULES BY THE COMMISSION, AND AT LEAST SIXTY DAYS IN ADVANCE OF THE MEET-
ING AT WHICH THE RULE WILL BE CONSIDERED AND VOTED UPON, THE COMMISSION
SHALL FILE A NOTICE OF PROPOSED RULEMAKING:
I. ON THE WEBSITE OF THE COMMISSION; AND
II. ON THE WEBSITE OF EACH LICENSING BOARD OR THE PUBLICATION IN WHICH
EACH STATE WOULD OTHERWISE PUBLISH PROPOSED RULES.
B. THE NOTICE OF PROPOSED RULEMAKING SHALL INCLUDE:
I. THE PROPOSED TIME, DATE AND LOCATION OF THE MEETING IN WHICH THE
RULE WILL BE CONSIDERED AND VOTED UPON;
II. THE TEXT OF THE PROPOSED RULE OR AMENDMENT, AND THE REASON FOR THE
PROPOSED RULE;
III. A REQUEST FOR COMMENTS ON THE PROPOSED RULE FROM ANY INTERESTED
PERSON; AND
IV. THE MANNER IN WHICH INTERESTED PERSONS MAY SUBMIT NOTICE TO THE
COMMISSION OF THEIR INTENTION TO ATTEND THE PUBLIC HEARING AND ANY WRIT-
TEN COMMENTS.
C. PRIOR TO ADOPTION OF A PROPOSED RULE, THE COMMISSION SHALL ALLOW
PERSONS TO SUBMIT WRITTEN DATA, FACTS, OPINIONS AND ARGUMENTS, WHICH
SHALL BE MADE AVAILABLE TO THE PUBLIC.
3. PUBLIC HEARINGS ON RULES. A. THE COMMISSION SHALL GRANT AN OPPORTU-
NITY FOR A PUBLIC HEARING BEFORE IT ADOPTS A RULE OR AMENDMENT.
B. THE COMMISSION SHALL PUBLISH THE PLACE, TIME AND DATE OF THE SCHED-
ULED PUBLIC HEARING.
I. HEARINGS SHALL BE CONDUCTED IN A MANNER PROVIDING EACH PERSON WHO
WISHES TO COMMENT A FAIR AND REASONABLE OPPORTUNITY TO COMMENT ORALLY OR
IN WRITING. ALL HEARINGS WILL BE RECORDED, AND A COPY WILL BE MADE
AVAILABLE UPON REQUEST.
II. NOTHING IN THIS SECTION SHALL BE CONSTRUED AS REQUIRING A SEPARATE
HEARING ON EACH RULE. RULES MAY BE GROUPED FOR THE CONVENIENCE OF THE
COMMISSION AT HEARINGS REQUIRED BY THIS SECTION.
C. IF NO ONE APPEARS AT THE PUBLIC HEARING, THE COMMISSION MAY PROCEED
WITH PROMULGATION OF THE PROPOSED RULE.
D. FOLLOWING THE SCHEDULED HEARING DATE, OR BY THE CLOSE OF BUSINESS
ON THE SCHEDULED HEARING DATE IF THE HEARING WAS NOT HELD, THE COMMIS-
SION SHALL CONSIDER ALL WRITTEN AND ORAL COMMENTS RECEIVED.
4. VOTING ON RULES. THE COMMISSION SHALL, BY MAJORITY VOTE OF ALL
ADMINISTRATORS, TAKE FINAL ACTION ON THE PROPOSED RULE AND SHALL DETER-
MINE THE EFFECTIVE DATE OF THE RULE, IF ANY, BASED ON THE RULEMAKING
RECORD AND THE FULL TEXT OF THE RULE.
5. EMERGENCY RULES. UPON DETERMINATION THAT AN EMERGENCY EXISTS, THE
COMMISSION MAY CONSIDER AND ADOPT AN EMERGENCY RULE WITHOUT PRIOR
NOTICE, OPPORTUNITY FOR COMMENT OR HEARING, PROVIDED THAT THE USUAL
RULEMAKING PROCEDURES PROVIDED IN THIS COMPACT AND IN THIS SECTION SHALL
BE RETROACTIVELY APPLIED TO THE RULE AS SOON AS REASONABLY POSSIBLE, IN
NO EVENT LATER THAN NINETY DAYS AFTER THE EFFECTIVE DATE OF THE RULE.
FOR THE PURPOSES OF THIS PROVISION, AN EMERGENCY RULE IS ONE THAT MUST
BE ADOPTED IMMEDIATELY IN ORDER TO:
A. MEET AN IMMINENT THREAT TO PUBLIC HEALTH, SAFETY OR WELFARE;
B. PREVENT A LOSS OF THE COMMISSION OR PARTY STATE FUNDS; OR
C. MEET A DEADLINE FOR THE PROMULGATION OF AN ADMINISTRATIVE RULE THAT
IS REQUIRED BY FEDERAL LAW OR RULE.
6. REVISIONS. THE COMMISSION MAY DIRECT REVISIONS TO A PREVIOUSLY
ADOPTED RULE OR AMENDMENT FOR PURPOSES OF CORRECTING TYPOGRAPHICAL
S. 4007--A 210 A. 3007--A
ERRORS, ERRORS IN FORMAT, ERRORS IN CONSISTENCY OR GRAMMATICAL ERRORS.
PUBLIC NOTICE OF ANY REVISIONS SHALL BE POSTED ON THE WEBSITE OF THE
COMMISSION. THE REVISION SHALL BE SUBJECT TO CHALLENGE BY ANY PERSON FOR
A PERIOD OF THIRTY DAYS AFTER POSTING. THE REVISION MAY BE CHALLENGED
ONLY ON GROUNDS THAT THE REVISION RESULTS IN A MATERIAL CHANGE TO A
RULE. A CHALLENGE SHALL BE MADE IN WRITING, AND DELIVERED TO THE
COMMISSION, PRIOR TO THE END OF THE NOTICE PERIOD. IF NO CHALLENGE IS
MADE, THE REVISION WILL TAKE EFFECT WITHOUT FURTHER ACTION. IF THE
REVISION IS CHALLENGED, THE REVISION MAY NOT TAKE EFFECT WITHOUT THE
APPROVAL OF THE COMMISSION.
§ 8909. OVERSIGHT, DISPUTE RESOLUTION AND ENFORCEMENT. 1. OVERSIGHT.
A. EACH PARTY STATE SHALL ENFORCE THIS COMPACT AND TAKE ALL ACTIONS
NECESSARY AND APPROPRIATE TO EFFECTUATE THIS COMPACT'S PURPOSES AND
INTENT.
B. THE COMMISSION SHALL BE ENTITLED TO RECEIVE SERVICE OF PROCESS IN
ANY PROCEEDING THAT MAY AFFECT THE POWERS, RESPONSIBILITIES OR ACTIONS
OF THE COMMISSION, AND SHALL HAVE STANDING TO INTERVENE IN SUCH A
PROCEEDING FOR ALL PURPOSES. FAILURE TO PROVIDE SERVICE OF PROCESS IN
SUCH PROCEEDING TO THE COMMISSION SHALL RENDER A JUDGMENT OR ORDER VOID
AS TO THE COMMISSION, THIS COMPACT OR PROMULGATED RULES.
2. DEFAULT, TECHNICAL ASSISTANCE AND TERMINATION. A. IF THE COMMISSION
DETERMINES THAT A PARTY STATE HAS DEFAULTED IN THE PERFORMANCE OF ITS
OBLIGATIONS OR RESPONSIBILITIES UNDER THIS COMPACT OR THE PROMULGATED
RULES, THE COMMISSION SHALL:
I. PROVIDE WRITTEN NOTICE TO THE DEFAULTING STATE AND OTHER PARTY
STATES OF THE NATURE OF THE DEFAULT, THE PROPOSED MEANS OF CURING THE
DEFAULT OR ANY OTHER ACTION TO BE TAKEN BY THE COMMISSION; AND
II. PROVIDE REMEDIAL TRAINING AND SPECIFIC TECHNICAL ASSISTANCE
REGARDING THE DEFAULT.
B. IF A STATE IN DEFAULT FAILS TO CURE THE DEFAULT, THE DEFAULTING
STATE'S MEMBERSHIP IN THIS COMPACT MAY BE TERMINATED UPON AN AFFIRMATIVE
VOTE OF A MAJORITY OF THE ADMINISTRATORS, AND ALL RIGHTS, PRIVILEGES AND
BENEFITS CONFERRED BY THIS COMPACT MAY BE TERMINATED ON THE EFFECTIVE
DATE OF TERMINATION. A CURE OF THE DEFAULT DOES NOT RELIEVE THE OFFEND-
ING STATE OF OBLIGATIONS OR LIABILITIES INCURRED DURING THE PERIOD OF
DEFAULT.
C. TERMINATION OF MEMBERSHIP IN THIS COMPACT SHALL BE IMPOSED ONLY
AFTER ALL OTHER MEANS OF SECURING COMPLIANCE HAVE BEEN EXHAUSTED. NOTICE
OF INTENT TO SUSPEND OR TERMINATE SHALL BE GIVEN BY THE COMMISSION TO
THE GOVERNOR OF THE DEFAULTING STATE AND TO THE EXECUTIVE OFFICER OF THE
DEFAULTING STATE'S LICENSING BOARD AND EACH OF THE PARTY STATES.
D. A STATE WHOSE MEMBERSHIP IN THIS COMPACT HAS BEEN TERMINATED IS
RESPONSIBLE FOR ALL ASSESSMENTS, OBLIGATIONS AND LIABILITIES INCURRED
THROUGH THE EFFECTIVE DATE OF TERMINATION, INCLUDING OBLIGATIONS THAT
EXTEND BEYOND THE EFFECTIVE DATE OF TERMINATION.
E. THE COMMISSION SHALL NOT BEAR ANY COSTS RELATED TO A STATE THAT IS
FOUND TO BE IN DEFAULT OR WHOSE MEMBERSHIP IN THIS COMPACT HAS BEEN
TERMINATED UNLESS AGREED UPON IN WRITING BETWEEN THE COMMISSION AND THE
DEFAULTING STATE.
F. THE DEFAULTING STATE MAY APPEAL THE ACTION OF THE COMMISSION BY
PETITIONING THE U.S. DISTRICT COURT FOR THE DISTRICT OF COLUMBIA OR THE
FEDERAL DISTRICT IN WHICH THE COMMISSION HAS ITS PRINCIPAL OFFICES. THE
PREVAILING PARTY SHALL BE AWARDED ALL COSTS OF SUCH LITIGATION, INCLUD-
ING REASONABLE ATTORNEYS' FEES.
S. 4007--A 211 A. 3007--A
3. DISPUTE RESOLUTION. A. UPON REQUEST BY A PARTY STATE, THE COMMIS-
SION SHALL ATTEMPT TO RESOLVE DISPUTES RELATED TO THE COMPACT THAT ARISE
AMONG PARTY STATES AND BETWEEN PARTY AND NON-PARTY STATES.
B. THE COMMISSION SHALL PROMULGATE A RULE PROVIDING FOR BOTH MEDIATION
AND BINDING DISPUTE RESOLUTION FOR DISPUTES, AS APPROPRIATE.
C. IN THE EVENT THE COMMISSION CANNOT RESOLVE DISPUTES AMONG PARTY
STATES ARISING UNDER THIS COMPACT:
I. THE PARTY STATES MAY SUBMIT THE ISSUES IN DISPUTE TO AN ARBITRATION
PANEL, WHICH WILL BE COMPRISED OF INDIVIDUALS APPOINTED BY THE COMPACT
ADMINISTRATOR IN EACH OF THE AFFECTED PARTY STATES, AND AN INDIVIDUAL
MUTUALLY AGREED UPON BY THE COMPACT ADMINISTRATORS OF ALL THE PARTY
STATES INVOLVED IN THE DISPUTE.
II. THE DECISION OF A MAJORITY OF THE ARBITRATORS SHALL BE FINAL AND
BINDING.
4. ENFORCEMENT. A. THE COMMISSION, IN THE REASONABLE EXERCISE OF ITS
DISCRETION, SHALL ENFORCE THE PROVISIONS AND RULES OF THIS COMPACT.
B. BY MAJORITY VOTE, THE COMMISSION MAY INITIATE LEGAL ACTION IN THE
U.S. DISTRICT COURT FOR THE DISTRICT OF COLUMBIA OR THE FEDERAL
DISTRICT IN WHICH THE COMMISSION HAS ITS PRINCIPAL OFFICES AGAINST A
PARTY STATE THAT IS IN DEFAULT TO ENFORCE COMPLIANCE WITH THE PROVISIONS
OF THIS COMPACT AND ITS PROMULGATED RULES AND BYLAWS. THE RELIEF SOUGHT
MAY INCLUDE BOTH INJUNCTIVE RELIEF AND DAMAGES. IN THE EVENT JUDICIAL
ENFORCEMENT IS NECESSARY, THE PREVAILING PARTY SHALL BE AWARDED ALL
COSTS OF SUCH LITIGATION, INCLUDING REASONABLE ATTORNEYS' FEES.
C. THE REMEDIES HEREIN SHALL NOT BE THE EXCLUSIVE REMEDIES OF THE
COMMISSION. THE COMMISSION MAY PURSUE ANY OTHER REMEDIES AVAILABLE UNDER
FEDERAL OR STATE LAW.
§ 8910. EFFECTIVE DATE, WITHDRAWAL AND AMENDMENT. 1. EFFECTIVE DATE.
A. THIS COMPACT SHALL BECOME EFFECTIVE AND BINDING ON THE EARLIER OF
THE DATE OF LEGISLATIVE ENACTMENT OF THIS COMPACT INTO LAW BY NO LESS
THAN TWENTY-SIX STATES OR THE EFFECTIVE DATE OF THE CHAPTER OF THE LAWS
OF TWO THOUSAND TWENTY-THREE THAT ENACTED THIS COMPACT. THEREAFTER, THE
COMPACT SHALL BECOME EFFECTIVE AND BINDING AS TO ANY OTHER COMPACTING
STATE UPON ENACTMENT OF THE COMPACT INTO LAW BY THAT STATE. ALL PARTY
STATES TO THIS COMPACT, THAT ALSO WERE PARTIES TO THE PRIOR NURSE LICEN-
SURE COMPACT, SUPERSEDED BY THIS COMPACT, (HEREIN REFERRED TO AS "PRIOR
COMPACT"), SHALL BE DEEMED TO HAVE WITHDRAWN FROM SAID PRIOR COMPACT
WITHIN SIX MONTHS AFTER THE EFFECTIVE DATE OF THIS COMPACT.
B. EACH PARTY STATE TO THIS COMPACT SHALL CONTINUE TO RECOGNIZE A
NURSE'S MULTISTATE LICENSURE PRIVILEGE TO PRACTICE IN THAT PARTY STATE
ISSUED UNDER THE PRIOR COMPACT UNTIL SUCH PARTY STATE HAS WITHDRAWN FROM
THE PRIOR COMPACT.
2. WITHDRAWAL. A. ANY PARTY STATE MAY WITHDRAW FROM THIS COMPACT BY
ENACTING A STATUTE REPEALING THE SAME. A PARTY STATE'S WITHDRAWAL SHALL
NOT TAKE EFFECT UNTIL SIX MONTHS AFTER ENACTMENT OF THE REPEALING STAT-
UTE.
B. A PARTY STATE'S WITHDRAWAL OR TERMINATION SHALL NOT AFFECT THE
CONTINUING REQUIREMENT OF THE WITHDRAWING OR TERMINATED STATE'S LICENS-
ING BOARD TO REPORT ADVERSE ACTIONS AND SIGNIFICANT INVESTIGATIONS
OCCURRING PRIOR TO THE EFFECTIVE DATE OF SUCH WITHDRAWAL OR TERMINATION.
C. NOTHING CONTAINED IN THIS COMPACT SHALL BE CONSTRUED TO INVALIDATE
OR PREVENT ANY NURSE LICENSURE AGREEMENT OR OTHER COOPERATIVE ARRANGE-
MENT BETWEEN A PARTY STATE AND A NON-PARTY STATE THAT IS MADE IN ACCORD-
ANCE WITH THE OTHER PROVISIONS OF THIS COMPACT.
3. AMENDMENT. A. THIS COMPACT MAY BE AMENDED BY THE PARTY STATES. NO
AMENDMENT TO THIS COMPACT SHALL BECOME EFFECTIVE AND BINDING UPON THE
S. 4007--A 212 A. 3007--A
PARTY STATES UNLESS AND UNTIL IT IS ENACTED INTO THE LAWS OF ALL PARTY
STATES.
B. REPRESENTATIVES OF NON-PARTY STATES TO THIS COMPACT SHALL BE
INVITED TO PARTICIPATE IN THE ACTIVITIES OF THE COMMISSION, ON A NONVOT-
ING BASIS, PRIOR TO THE ADOPTION OF THIS COMPACT BY ALL STATES.
§ 8911. CONSTRUCTION AND SEVERABILITY. 1. CONSTRUCTION AND SEVERABIL-
ITY. THIS COMPACT SHALL BE LIBERALLY CONSTRUED SO AS TO EFFECTUATE THE
PURPOSES THEREOF. THE PROVISIONS OF THIS COMPACT SHALL BE SEVERABLE, AND
IF ANY PHRASE, CLAUSE, SENTENCE OR PROVISION OF THIS COMPACT IS DECLARED
TO BE CONTRARY TO THE CONSTITUTION OF ANY PARTY STATE OR OF THE UNITED
STATES, OR IF THE APPLICABILITY THEREOF TO ANY GOVERNMENT, AGENCY,
PERSON OR CIRCUMSTANCE IS HELD TO BE INVALID, THE VALIDITY OF THE
REMAINDER OF THIS COMPACT AND THE APPLICABILITY THEREOF TO ANY GOVERN-
MENT, AGENCY, PERSON OR CIRCUMSTANCE SHALL NOT BE AFFECTED THEREBY. IF
THIS COMPACT SHALL BE HELD TO BE CONTRARY TO THE CONSTITUTION OF ANY
PARTY STATE, THIS COMPACT SHALL REMAIN IN FULL FORCE AND EFFECT AS TO
THE REMAINING PARTY STATES AND IN FULL FORCE AND EFFECT AS TO THE PARTY
STATE AFFECTED AS TO ALL SEVERABLE MATTERS.
§ 32. Section 6501 of the education law is amended by adding a new
subdivision 3 to read as follows:
3. A. AN APPLICANT FOR LICENSURE IN A QUALIFIED HIGH-NEED HEALTHCARE
PROFESSION WHO PROVIDES DOCUMENTATION AND ATTESTATION THAT HE OR SHE
HOLDS A LICENSE IN GOOD STANDING FROM ANOTHER STATE, MAY REQUEST THE
ISSUANCE OF A TEMPORARY PRACTICE PERMIT, WHICH, IF GRANTED WILL PERMIT
THE APPLICANT TO WORK UNDER THE SUPERVISION OF A NEW YORK STATE LICENSEE
IN ACCORDANCE WITH REGULATIONS OF THE COMMISSIONER. THE DEPARTMENT MAY
GRANT SUCH TEMPORARY PRACTICE PERMIT WHEN IT APPEARS BASED ON THE APPLI-
CATION AND SUPPORTING DOCUMENTATION RECEIVED THAT THE APPLICANT WILL
MEET THE REQUIREMENTS FOR LICENSURE IN THIS STATE BECAUSE HE OR SHE HAS
PROVIDED DOCUMENTATION AND ATTESTATION THAT THEY HOLD A LICENSE IN GOOD
STANDING FROM ANOTHER STATE WITH SIGNIFICANTLY COMPARABLE LICENSURE
REQUIREMENTS TO THOSE OF THIS STATE, EXCEPT THE DEPARTMENT HAS NOT BEEN
ABLE TO SECURE DIRECT SOURCE VERIFICATION OF THE APPLICANT'S UNDERLYING
CREDENTIALS (E.G., LICENSE VERIFICATION, RECEIPT OF ORIGINAL TRANSCRIPT,
EXPERIENCE VERIFICATION). SUCH PERMIT SHALL BE VALID FOR SIX MONTHS OR
UNTIL TEN DAYS AFTER NOTIFICATION THAT THE APPLICANT DOES NOT MEET THE
QUALIFICATIONS FOR LICENSURE. AN ADDITIONAL SIX MONTHS MAY BE GRANTED
UPON A DETERMINATION BY THE DEPARTMENT THAT THE APPLICANT IS EXPECTED TO
QUALIFY FOR THE FULL LICENSE UPON RECEIPT OF THE REMAINING DIRECT SOURCE
VERIFICATION DOCUMENTS REQUESTED BY THE DEPARTMENT IN SUCH TIME PERIOD
AND THAT THE DELAY IN PROVIDING THE NECESSARY DOCUMENTATION FOR FULL
LICENSURE WAS DUE TO EXTENUATING CIRCUMSTANCES WHICH THE APPLICANT COULD
NOT AVOID.
B. A TEMPORARY PRACTICE PERMIT ISSUED UNDER PARAGRAPH A OF THIS SUBDI-
VISION SHALL BE SUBJECT TO THE FULL DISCIPLINARY AND REGULATORY AUTHORI-
TY OF THE BOARD OF REGENTS AND THE DEPARTMENT, PURSUANT TO THIS TITLE,
AS IF SUCH AUTHORIZATION WERE A PROFESSIONAL LICENSE ISSUED UNDER THIS
ARTICLE.
C. FOR PURPOSES OF THIS SUBDIVISION "HIGH-NEED HEALTHCARE PROFESSION"
MEANS A LICENSED HEALTHCARE PROFESSION OF WHICH THERE ARE AN INSUFFI-
CIENT NUMBER OF LICENSEES TO SERVE IN THE STATE OR A REGION OF THE
STATE, AS DETERMINED BY THE COMMISSIONER OF HEALTH, IN CONSULTATION WITH
THE COMMISSIONER OF EDUCATION. THE COMMISSIONER OF HEALTH SHALL MAIN-
TAIN A LIST OF SUCH LICENSED PROFESSIONS, WHICH SHALL BE POSTED ONLINE
AND UPDATED FROM TIME TO TIME AS WARRANTED.
§ 33. This act shall take effect immediately; provided however, that:
S. 4007--A 213 A. 3007--A
a. section seven of this act shall take effect nine months after it
shall have become a law;
b. sections seventeen, eighteen, nineteen, twenty, twenty-one, twen-
ty-two and twenty-three of this act shall take effect one year after it
shall have become a law;
c. sections twenty-seven, twenty-eight and twenty-nine of this act
shall expire and be deemed repealed two years after they shall have
become a law;
d. sections thirty and thirty-one of this act shall be deemed to
have been in full force and effect on and after April 1, 2023;
e. section thirty-two of this act shall take effect on the ninetieth
day after it shall have become a law;
f. the amendments to section 6801-a of the education law made by
section nine of this act shall not affect the repeal of such section and
shall be deemed to be repealed therewith; and
g. the amendments to subdivision 2 of section 6908 of the education
law made by section twenty-four of this act shall not affect the repeal
of such subdivision and shall be deemed to be repealed therewith.
h. the amendments to subdivision 8 of section 6909 of the education
law made by section twenty-five of this act shall not affect the repeal
of such subdivision and shall be deemed repealed therewith.
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 on
or before such effective date.
PART X
Section 1. The public health law is amended by adding a new article
29-K to read as follows:
ARTICLE 29-K
REGISTRATION OF TEMPORARY HEALTH CARE SERVICES AGENCIES
SECTION 2999-II. DEFINITIONS.
2999-JJ. REGISTRATION OF TEMPORARY HEALTH CARE SERVICES AGEN-
CIES; REQUIREMENTS.
2999-KK. TEMPORARY HEALTH CARE SERVICES AGENCIES; MINIMUM STAND-
ARDS.
2999-LL. VIOLATIONS; PENALTIES.
2999-MM. RATES FOR TEMPORARY HEALTH CARE SERVICES; REPORTS.
§ 2999-II. DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE:
1. "CERTIFIED NURSE AIDE" MEANS A PERSON INCLUDED IN THE NURSING HOME
NURSE AIDE REGISTRY PURSUANT TO SECTION TWENTY-EIGHT HUNDRED THREE-J OF
THIS CHAPTER AS ADDED BY CHAPTER SEVEN HUNDRED SEVENTEEN OF THE LAWS OF
NINETEEN HUNDRED EIGHTY-NINE.
2. "CONTROLLING PERSON" MEANS A PERSON, OFFICER, PROGRAM ADMINISTRA-
TOR, OR DIRECTOR WHOSE RESPONSIBILITIES INCLUDE THE DIRECTION OF THE
MANAGEMENT OR POLICIES OF A TEMPORARY HEALTH CARE SERVICES AGENCY.
"CONTROLLING PERSON" ALSO MEANS AN INDIVIDUAL WHO, DIRECTLY OWNS AT
LEAST TEN PERCENT VOTING INTEREST IN A CORPORATION, PARTNERSHIP, OR
OTHER BUSINESS ENTITY THAT IS A CONTROLLING PERSON.
3. "HEALTH CARE ENTITY" MEANS AN AGENCY, CORPORATION, FACILITY, OR
INDIVIDUAL PROVIDING MEDICAL OR HEALTH CARE SERVICES.
4. "HEALTH CARE PERSONNEL" MEANS NURSES, CERTIFIED NURSE AIDES AND
LICENSED OR UNLICENSED DIRECT CARE WORKERS EMPLOYED BY THE TEMPORARY
HEALTH CARE SERVICES AGENCY TO PROVIDE TEMPORARY SERVICES IN A HEALTH
CARE ENTITY.
S. 4007--A 214 A. 3007--A
5. "NURSE" MEANS A REGISTERED PROFESSIONAL NURSE, OR A LICENSED PRAC-
TICAL NURSE AS DEFINED BY ARTICLE ONE HUNDRED THIRTY-NINE OF THE EDUCA-
TION LAW.
6. "DIRECT CARE WORKER" MEANS AN EMPLOYEE WHO IS RESPONSIBLE FOR
PATIENT/RESIDENT HANDLING OR PATIENT/RESIDENT ASSESSMENT AS A REGULAR OR
INCIDENTAL PART OF THEIR EMPLOYMENT, INCLUDING ANY LICENSED OR UNLI-
CENSED HEALTH CARE WORKER.
7. "PERSON" MEANS AN INDIVIDUAL, FIRM, CORPORATION, PARTNERSHIP, OR
ASSOCIATION.
8. "TEMPORARY HEALTH CARE SERVICES AGENCY" OR "AGENCY" MEANS A PERSON,
FIRM, CORPORATION, PARTNERSHIP, ASSOCIATION OR OTHER ENTITY IN THE BUSI-
NESS OF PROVIDING OR PROCURING TEMPORARY EMPLOYMENT OF HEALTH CARE
PERSONNEL FOR HEALTH CARE ENTITIES. TEMPORARY HEALTH CARE SERVICES AGEN-
CY SHALL INCLUDE A NURSES' REGISTRY LICENSED UNDER ARTICLE ELEVEN OF THE
GENERAL BUSINESS LAW AND ENTITIES THAT UTILIZE APPS OR OTHER TECHNOLO-
GY-BASED SOLUTIONS TO PROVIDE OR PROCURE TEMPORARY EMPLOYMENT OF HEALTH
CARE PERSONNEL IN HEALTH CARE ENTITIES. TEMPORARY HEALTH CARE SERVICES
AGENCY SHALL NOT INCLUDE: (A) AN INDIVIDUAL WHO ONLY ENGAGES IN PROVID-
ING THE INDIVIDUAL'S OWN SERVICES ON A TEMPORARY BASIS TO HEALTH CARE
ENTITIES; OR (B) A HOME CARE AGENCY LICENSED UNDER ARTICLE THIRTY-SIX OF
THIS CHAPTER.
§ 2999-JJ. REGISTRATION OF TEMPORARY HEALTH CARE SERVICES AGENCIES;
REQUIREMENTS. 1. ANY PERSON WHO OPERATES A TEMPORARY HEALTH CARE
SERVICES AGENCY SHALL REGISTER THE AGENCY WITH THE DEPARTMENT. EACH
SEPARATE LOCATION OF THE BUSINESS OF A TEMPORARY HEALTH CARE SERVICES
AGENCY SHALL HAVE A SEPARATE REGISTRATION.
2. THE COMMISSIONER SHALL PUBLISH GUIDELINES ESTABLISHING THE FORMS
AND PROCEDURES FOR APPLICATIONS FOR REGISTRATION. FORMS MUST INCLUDE, AT
A MINIMUM ALL OF THE FOLLOWING:
(A) THE NAMES AND ADDRESSES OF THE TEMPORARY HEALTH CARE SERVICES
AGENCY CONTROLLING PERSON OR PERSONS.
(B) THE NAMES AND ADDRESSES OF HEALTH CARE ENTITIES WHERE THE CONTROL-
LING PERSON OR PERSONS OR THEIR FAMILY MEMBERS:
(I) HAVE AN OWNERSHIP RELATIONSHIP; OR
(II) DIRECT THE MANAGEMENT OR POLICIES OF SUCH HEALTH CARE ENTITIES.
(C) A DEMONSTRATION THAT THE APPLICANT IS OF GOOD MORAL CHARACTER AND
ABLE TO COMPLY WITH ALL APPLICABLE STATE LAWS AND REGULATIONS RELATING
TO THE ACTIVITIES IN WHICH IT INTENDS TO ENGAGE UNDER THE REGISTRATION.
(D) REGISTRATION AND REGISTRATION ANNUAL RENEWAL FEES OF ONE THOUSAND
DOLLARS AND MAY ONLY BE USED FOR THE PURPOSE OF OPERATING THIS REGISTRY.
(E) THE STATE OF INCORPORATION OF THE AGENCY.
(F) ANY ADDITIONAL INFORMATION THAT THE COMMISSIONER DETERMINES IS
NECESSARY TO PROPERLY EVALUATE AN APPLICATION FOR REGISTRATION.
3. AS A CONDITION OF REGISTRATION, A TEMPORARY HEALTH CARE SERVICES
AGENCY:
(A) SHALL DOCUMENT THAT EACH TEMPORARY EMPLOYEE PROVIDED TO HEALTH
CARE ENTITIES CURRENTLY MEETS THE MINIMUM LICENSING, TRAINING, AND
CONTINUING EDUCATION STANDARDS FOR THE POSITION IN WHICH THE EMPLOYEE
WILL BE WORKING.
(B) SHALL COMPLY WITH ALL PERTINENT REQUIREMENTS AND QUALIFICATIONS
FOR PERSONNEL EMPLOYED IN HEALTH CARE ENTITIES.
(C) SHALL NOT RESTRICT IN ANY MANNER THE EMPLOYMENT OPPORTUNITIES OF
ITS EMPLOYEES.
(D) SHALL MAINTAIN INSURANCE COVERAGE FOR WORKERS' COMPENSATION AND
DISABILITY COVERAGE FOR ALL HEALTH CARE PERSONNEL PROVIDED OR PROCURED
BY THE AGENCY.
S. 4007--A 215 A. 3007--A
(E) SHALL NOT REQUIRE THE PAYMENT OF LIQUIDATED DAMAGES, EMPLOYMENT
FEES, OR OTHER COMPENSATION SHOULD THE EMPLOYEE BE HIRED AS A PERMANENT
EMPLOYEE OF A HEALTH CARE ENTITY IN ANY CONTRACT WITH ANY EMPLOYEE OR
HEALTH CARE ENTITY OR OTHERWISE.
(F) SHALL DOCUMENT THAT EACH TEMPORARY EMPLOYEE PROVIDED TO HEALTH
CARE ENTITIES IS JOINTLY EMPLOYED BY THE AGENCY AND THE ENTITY AND IS
NOT AN INDEPENDENT CONTRACTOR.
(G) SHALL RETAIN ALL RECORDS OF EMPLOYMENT FOR SIX CALENDAR YEARS AND
MAKE THEM AVAILABLE TO THE DEPARTMENT UPON REQUEST.
(H) SHALL COMPLY WITH ANY REQUESTS MADE BY THE DEPARTMENT TO EXAMINE
THE BOOKS AND RECORDS OF THE AGENCY, SUBPOENA WITNESSES AND DOCUMENTS
AND MAKE SUCH OTHER INVESTIGATION AS IS NECESSARY IN THE EVENT THAT THE
DEPARTMENT HAS REASON TO BELIEVE THAT THE BOOKS OR RECORDS DO NOT ACCU-
RATELY REFLECT THE FINANCIAL CONDITION OR FINANCIAL TRANSACTIONS OF THE
AGENCY.
(I) SHALL COMPLY WITH ANY ADDITIONAL REQUIREMENTS THE DEPARTMENT MAY
DEEM NECESSARY.
4. A REGISTRATION ISSUED BY THE COMMISSIONER ACCORDING TO THIS SECTION
SHALL BE EFFECTIVE FOR A PERIOD OF ONE YEAR, UNLESS THE REGISTRATION IS
REVOKED OR SUSPENDED, OR UNLESS OWNERSHIP INTEREST OF TEN PERCENT OR
MORE, OR MANAGEMENT OF THE TEMPORARY HEALTH CARE SERVICES AGENCY, IS
SOLD OR TRANSFERRED. WHEN OWNERSHIP INTEREST OF TEN PERCENT OR MORE, OR
MANAGEMENT OF A TEMPORARY HEALTH CARE SERVICES AGENCY IS SOLD OR TRANS-
FERRED, THE REGISTRATION OF THE AGENCY MAY BE TRANSFERRED TO THE NEW
OWNER OR OPERATOR FOR THIRTY DAYS, OR UNTIL THE NEW OWNER OR OPERATOR
APPLIES AND IS GRANTED OR DENIED A NEW REGISTRATION, WHICHEVER IS SOON-
ER.
5. THE COMMISSIONER MAY, AFTER APPROPRIATE NOTICE AND HEARING,
SUSPEND, REVOKE, OR REFUSE TO ISSUE OR RENEW ANY REGISTRATION OR ISSUE
ANY FINES ESTABLISHED PURSUANT TO SECTION TWENTY-NINE HUNDRED NINETY-
NINE-LL OF THIS ARTICLE IF THE APPLICANT FAILS TO COMPLY WITH THIS ARTI-
CLE OR ANY GUIDELINES, RULES AND REGULATIONS PROMULGATED THEREUNDER.
6. THE COMMISSIONER SHALL MAKE AVAILABLE A LIST OF TEMPORARY HEALTH
CARE SERVICES AGENCIES REGISTERED WITH THE DEPARTMENT ON THE DEPART-
MENT'S PUBLIC WEBSITE.
7. THE DEPARTMENT SHALL PUBLISH A QUARTERLY REPORT CONTAINING AGGRE-
GATED AND DE-IDENTIFIED DATA COLLECTED PURSUANT TO THIS ARTICLE ON THE
WEBSITE OF THE DEPARTMENT.
8. THE DEPARTMENT, IN CONSULTATION WITH THE DEPARTMENT OF LABOR, SHALL
PROVIDE A REPORT TO THE GOVERNOR AND LEGISLATURE ON OR BEFORE MARCH
THIRTY-FIRST, TWO THOUSAND TWENTY-FOUR, SUMMARIZING THE KEY FINDINGS OF
THE DATA COLLECTED PURSUANT TO THIS ARTICLE. THE DEPARTMENT SHALL
FURTHER HAVE AUTHORITY TO UTILIZE ANY DATA COLLECTED PURSUANT TO THIS
ARTICLE FOR ADDITIONAL PURPOSES CONSISTENT WITH THIS CHAPTER, INCLUDING
BUT NOT LIMITED TO DETERMINATIONS OF WHETHER AN ACUTE LABOR SHORTAGE
EXISTS, OR ANY OTHER PURPOSE THE DEPARTMENT DEEMS NECESSARY FOR HEALTH
CARE RELATED DATA PURPOSES.
9. THE ATTORNEY GENERAL SHALL, UPON THE REQUEST OF THE DEPARTMENT,
BRING AN ACTION FOR AN INJUNCTION AGAINST ANY PERSON WHO VIOLATES ANY
PROVISION OF THIS ARTICLE; PROVIDED, THE DEPARTMENT SHALL FURNISH THE
ATTORNEY GENERAL WITH SUCH MATERIAL, EVIDENTIARY MATTER OR PROOF AS MAY
BE REQUESTED BY THE ATTORNEY GENERAL FOR THE PROSECUTION OF SUCH ACTION.
§ 2999-KK. TEMPORARY HEALTH CARE SERVICES AGENCIES; MINIMUM STANDARDS.
1. A TEMPORARY HEALTH CARE SERVICES AGENCY SHALL APPOINT AN ADMINISTRA-
TOR QUALIFIED BY TRAINING, EXPERIENCE OR EDUCATION TO OPERATE THE AGEN-
CY. EACH SEPARATE AGENCY LOCATION SHALL HAVE ITS OWN ADMINISTRATOR.
S. 4007--A 216 A. 3007--A
2. A TEMPORARY HEALTH CARE SERVICES AGENCY SHALL DEVELOP AND MAINTAIN
WRITTEN EMPLOYMENT POLICIES AND PROCEDURES. THE AGENCY SHALL INFORM ITS
EMPLOYEES OF THE TERMS AND CONDITIONS OF EMPLOYMENT BY THAT AGENCY AT
THE TIME OF HIRE, AS WELL AS NO LESS THAN ANNUALLY THEREAFTER.
3. A TEMPORARY HEALTH CARE SERVICES AGENCY SHALL MAINTAIN HOURS OF
OPERATION AT EACH OF ITS LOCATIONS SUFFICIENT TO MEET THE OBLIGATIONS
UNDER ITS WRITTEN AGREEMENTS WITH HEALTH CARE ENTITIES.
4. A TEMPORARY HEALTH CARE SERVICES AGENCY SHALL MAINTAIN A WRITTEN
AGREEMENT OR CONTRACT WITH EACH HEALTH CARE ENTITY, WHICH SHALL INCLUDE,
AT A MINIMUM:
(A) THE REQUIRED MINIMUM LICENSING, TRAINING, AND CONTINUING EDUCATION
REQUIREMENTS FOR EACH ASSIGNED HEALTH CARE PERSONNEL.
(B) ANY REQUIREMENT FOR MINIMUM ADVANCE NOTICE IN ORDER TO ENSURE
PROMPT ARRIVAL OF ASSIGNED HEALTH CARE PERSONNEL.
(C) THE MAXIMUM RATES THAT CAN BE BILLED OR CHARGED BY THE TEMPORARY
HEALTH CARE SERVICES AGENCY PURSUANT TO SECTION TWENTY-NINE HUNDRED
NINETY-NINE-MM OF THIS ARTICLE AND ANY APPLICABLE REGULATIONS.
(D) THE RATES TO BE CHARGED BY THE TEMPORARY HEALTH CARE SERVICES
AGENCY.
(E) PROCEDURES FOR THE INVESTIGATION AND RESOLUTION OF COMPLAINTS
ABOUT THE PERFORMANCE OF TEMPORARY HEALTH CARE SERVICES AGENCY PERSON-
NEL.
(F) PROCEDURES FOR NOTICE FROM HEALTH CARE ENTITIES OF FAILURE OF
MEDICAL PERSONNEL TO REPORT TO ASSIGNMENTS AND FOR BACK-UP STAFF IN SUCH
INSTANCES.
(G) PROCEDURES FOR NOTICE OF ACTUAL OR SUSPECTED ABUSE, THEFT, TAMPER-
ING OR OTHER DIVERSION OF CONTROLLED SUBSTANCES BY MEDICAL PERSONNEL.
(H) THE TYPES AND QUALIFICATIONS OF HEALTH CARE PERSONNEL AVAILABLE
FOR ASSIGNMENT THROUGH THE TEMPORARY HEALTH CARE SERVICES AGENCY.
5. A TEMPORARY HEALTH CARE SERVICES AGENCY SHALL SUBMIT TO THE DEPART-
MENT COPIES OF ALL CONTRACTS BETWEEN THE AGENCY AND A HEALTH CARE ENTITY
TO WHICH IT ASSIGNS OR REFERS HEALTH CARE PERSONNEL, AND COPIES OF ALL
INVOICES TO HEALTH CARE ENTITIES PERSONNEL. EXECUTED CONTRACTS MUST BE
SENT TO THE DEPARTMENT WITHIN FIVE BUSINESS DAYS OF THEIR EFFECTIVE DATE
AND ARE NOT SUBJECT TO DISCLOSURE UNDER ARTICLE SIX OF THE PUBLIC OFFI-
CERS LAW.
6. THE COMMISSIONER MAY PROMULGATE REGULATIONS TO IMPLEMENT THE
REQUIREMENTS OF THIS SECTION AND TO ESTABLISH ADDITIONAL MINIMUM STAND-
ARDS FOR THE OPERATION OF TEMPORARY HEALTH CARE SERVICES AGENCIES,
INCLUDING BUT NOT LIMITED TO PRICING, FEES, ADMINISTRATIVE COSTS, AND
BUSINESS PRACTICES.
7. THE COMMISSIONER MAY WAIVE THE REQUIREMENTS OF THIS ARTICLE DURING
A DECLARED STATE OR FEDERAL PUBLIC HEALTH EMERGENCY.
§ 2999-LL. VIOLATIONS; PENALTIES. IN ADDITION TO OTHER REMEDIES AVAIL-
ABLE BY LAW, VIOLATIONS OF THE PROVISIONS OF THIS ARTICLE AND ANY REGU-
LATIONS PROMULGATED THEREUNDER SHALL BE SUBJECT TO PENALTIES AND FINES
PURSUANT TO SECTION TWELVE OF THIS CHAPTER; PROVIDED, HOWEVER, THAT EACH
VIOLATION COMMITTED BY EACH INDIVIDUAL EMPLOYEE OF A TEMPORARY HEALTH
CARE SERVICES AGENCY SHALL BE CONSIDERED A SEPARATE VIOLATION.
§ 2999-MM. RATES FOR TEMPORARY HEALTH CARE SERVICES; REPORTS. A TEMPO-
RARY HEALTH CARE SERVICES AGENCY SHALL REPORT QUARTERLY TO THE DEPART-
MENT A FULL DISCLOSURE OF CHARGES AND COMPENSATION, INCLUDING A SCHEDULE
OF ALL HOURLY BILL RATES PER CATEGORY OF EMPLOYEE, A FULL DESCRIPTION OF
ADMINISTRATIVE CHARGES, AND A SCHEDULE OF RATES OF ALL COMPENSATION PER
CATEGORY OF EMPLOYEE, INCLUDING, BUT NOT LIMITED TO:
S. 4007--A 217 A. 3007--A
1. HOURLY REGULAR PAY RATE, SHIFT DIFFERENTIAL, WEEKEND DIFFERENTIAL,
HAZARD PAY, CHARGE NURSE ADD-ON, OVERTIME, HOLIDAY PAY, TRAVEL OR MILE-
AGE PAY, AND ANY HEALTH OR OTHER FRINGE BENEFITS PROVIDED;
2. THE PERCENTAGE OF HEALTH CARE ENTITY DOLLARS THAT THE AGENCY
EXPENDED ON TEMPORARY PERSONNEL WAGES AND BENEFITS COMPARED TO THE
TEMPORARY HEALTH CARE SERVICES AGENCY'S PROFITS AND OTHER ADMINISTRATIVE
COSTS;
3. A LIST OF THE STATES AND ZIP CODES OF THEIR EMPLOYEES' PRIMARY
RESIDENCES;
4. THE NAMES OF ALL HEALTH CARE ENTITIES THEY HAVE CONTRACTED WITHIN
NEW YORK STATE;
5. THE NUMBER OF EMPLOYEES OF THE TEMPORARY HEALTH CARE SERVICES AGEN-
CY WORKING AT EACH ENTITY; AND
6. ANY OTHER INFORMATION PRESCRIBED BY THE COMMISSIONER.
§ 2. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2023.
PART Y
Section 1. This Part enacts into law major components of legislation
relating to medical debt and drug prices. Each component is wholly
contained within a Subpart identified as Subparts A through D. The
effective date for each particular provision contained within such
Subpart is set forth in the last section of such Subpart. Any provision
in any section contained within a Subpart, including the effective date
of the Subpart, which makes reference to a section "of this act", when
used in connection with that particular component, shall be deemed to
mean and refer to the corresponding section of the Subpart in which it
is found. Section three of this Part sets forth the general effective
date of this Part.
SUBPART A
Section 1. Subdivisions (f) and (j) of section 3215 of the civil prac-
tice law and rules, subdivision (f) as amended and subdivision (j) as
added by chapter 593 of the laws of 2021, subdivision (f) as separately
amended by chapter 831 of the laws of 2021, are amended to read as
follows:
(f) Proof. On any application for judgment by default, the applicant
shall file proof of service of the summons and the complaint, or a
summons and notice served pursuant to subdivision (b) of rule 305 or
subdivision (a) of rule 316 of this chapter, and proof of the facts
constituting the claim, the default and the amount due, including, if
applicable, a statement that the interest rate for consumer debt pursu-
ant to section five thousand four of this chapter applies, by affidavit
made by the party, or where the state of New York is the plaintiff, by
affidavit made by an attorney from the office of the attorney general
who has or obtains knowledge of such facts through review of state
records or otherwise. Where a verified complaint has been served, it may
be used as the affidavit of the facts constituting the claim and the
amount due; in such case, an affidavit as to the default shall be made
by the party or the party's attorney. In an action arising out of a
consumer credit transaction, if the plaintiff is not the original credi-
tor, the applicant shall include: (1) an affidavit by the original cred-
itor of the facts constituting the debt, the default in payment, the
sale or assignment of the debt, and the amount due at the time of sale
S. 4007--A 218 A. 3007--A
or assignment; (2) for each subsequent assignment or sale of the debt to
another entity, an affidavit of sale of the debt by the debt seller,
completed by the seller or assignor; and (3) an affidavit of a witness
of the plaintiff, which includes a chain of title of the debt, completed
by the plaintiff or plaintiff's witness. IN AN ACTION ARISING FROM
MEDICAL DEBT, IF THE PLAINTIFF IS NOT A HOSPITAL LICENSED UNDER ARTICLE
TWENTY-EIGHT OF THE PUBLIC HEALTH LAW OR A HEALTH CARE PROFESSIONAL
AUTHORIZED UNDER TITLE EIGHT OF THE EDUCATION LAW, THE APPLICANT SHALL
INCLUDE: (1) AN AFFIDAVIT BY THE HOSPITAL OR HEALTH CARE PROFESSIONAL OF
THE FACTS CONSTITUTING THE MEDICAL DEBT, THE DEFAULT IN PAYMENT, THE
SALE OR ASSIGNMENT OF THE MEDICAL DEBT, AND THE AMOUNT DUE AT THE TIME
OF SALE OR ASSIGNMENT; (2) FOR EACH SUBSEQUENT ASSIGNMENT OR SALE OF THE
MEDICAL DEBT TO ANOTHER ENTITY, AN AFFIDAVIT OF SALE OF THE MEDICAL DEBT
BY THE DEBT SELLER, COMPLETED BY THE SELLER OR ASSIGNOR; AND (3) AN
AFFIDAVIT OF A WITNESS OF THE PLAINTIFF, WHICH INCLUDES A CHAIN OF TITLE
OF THE MEDICAL DEBT, COMPLETED BY THE PLAINTIFF OR PLAINTIFF'S WITNESS.
The chief administrative judge shall issue form affidavits to satisfy
the requirements of this subdivision for consumer credit transactions
AND ACTIONS ARISING FROM MEDICAL DEBT. When jurisdiction is based on an
attachment of property, the affidavit must state that an order of
attachment granted in the action has been levied on the property of the
defendant, describe the property and state its value. Proof of mailing
the notice required by subdivision (g) of this section, where applica-
ble, shall also be filed.
(j) Affidavit. A request for a default judgment entered by the clerk,
must be accompanied by an affidavit by the plaintiff or plaintiff's
attorney stating that after reasonable inquiry, he or she has reason to
believe that the statute of limitations has not expired. The chief
administrative judge shall issue form affidavits to satisfy the require-
ments of this subdivision for consumer credit transactions AND ACTIONS
ARISING FROM MEDICAL DEBT.
§ 2. Subdivision 2 of section 212 of the judiciary law is amended by
adding a new paragraph (cc) to read as follows:
(CC) MAKE AVAILABLE FORM AFFIDAVITS REQUIRED FOR A MOTION FOR DEFAULT
JUDGMENT IN AN ACTION ARISING FROM MEDICAL DEBT AS REQUIRED BY SUBDIVI-
SION (F) OF SECTION THIRTY-TWO HUNDRED FIFTEEN OF THE CIVIL PRACTICE LAW
AND RULES.
§ 3. This act shall take effect on the one hundred eightieth day after
it shall have become a law.
SUBPART B
Section 1. This act shall be known and may be cited as the
"Prescription Drug Price and Supply Chain Transparency Act of 2023".
§ 2. Legislative intent. The state has a compelling interest in
providing for transparency into the price of prescription drugs and the
regulation of entities that play a role in the distribution of
prescription drugs in this state. The impact of ever rising prescription
drug costs impacts consumers in this state both at the pharmacy counter
and in health plan premium costs. Prescription drug costs also have
direct costs to the state fiscal, health insurance companies, pharma-
cies, pharmacy benefit managers, hospitals, employers, and unions.
§ 3. The insurance law is amended by adding a new article 30 to read
as follows:
ARTICLE 30
S. 4007--A 219 A. 3007--A
PRESCRIPTION DRUG PRICE AND SUPPLY CHAIN TRANSPARENCY
SECTION 3001. DEFINITIONS.
3002. FILING REQUIREMENT.
3003. SPECIAL REPORTS AND OTHER POWERS.
3004. REPORTING OF DRUG PRICE INCREASES.
3005. REPORTING OF PAY FOR DELAY AGREEMENTS.
3006. REGISTRATION OF PHARMACY SERVICES ADMINISTRATIVE ORGANIZA-
TIONS.
3007. REQUIRED DISCLOSURES BY PHARMACY SERVICES ADMINISTRATIVE
ORGANIZATIONS.
3008. REGISTRATION OF PHARMACY SWITCH COMPANIES.
3009. REQUIRED DISCLOSURES BY PHARMACY SWITCH COMPANIES.
3010. REGISTRATION OF REBATE AGGREGATORS.
3011. REQUIRED DISCLOSURES BY REBATE AGGREGATORS.
3012. DEPOSIT OF PENALTIES AND FEES.
§ 3001. DEFINITIONS. (A) FOR THE PURPOSES OF THIS ARTICLE, THE DEFI-
NITIONS CONTAINED IN SECTION TWO HUNDRED EIGHTY-A OF THE PUBLIC HEALTH
LAW SHALL APPLY TO THIS ARTICLE AS IF SPECIFICALLY SET FORTH HEREIN.
(B) THE FOLLOWING WORDS OR PHRASES, AS USED IN THIS ARTICLE, SHALL
HAVE THE FOLLOWING MEANINGS, UNLESS THE CONTEXT OTHERWISE REQUIRES:
(1) "MANUFACTURER" MEANS AN ENTITY ENGAGED IN THE MANUFACTURE OF
PRESCRIPTION DRUGS SOLD IN THIS STATE.
(2) "PHARMACY SERVICES ADMINISTRATIVE ORGANIZATION" OR "PSAO" MEANS A
ENTITY THAT IS OPERATING IN THIS STATE AND THAT CONTRACTS WITH A PHARMA-
CY FOR THE PURPOSE OF CONDUCTING BUSINESS ON THE PHARMACY'S BEHALF WITH
WHOLESALERS, DISTRIBUTORS, HEALTH PLANS OR PHARMACY BENEFIT MANAGERS.
(3) "REBATE AGGREGATOR" MEANS AN ENTITY THAT PROVIDES FORMULARY REBATE
ADMINISTRATIVE SERVICES FOR PHARMACY BENEFIT MANAGERS OR OTHERWISE NEGO-
TIATES REBATES WITH MANUFACTURERS ON BEHALF OF PHARMACY BENEFIT MANAG-
ERS.
(4) "SWITCH COMPANY" MEANS AN ENTITY THAT ACTS AS AN INTERMEDIARY
BETWEEN A PHARMACY AND A PHARMACY BENEFIT MANAGER OR HEALTH PLAN FOR THE
PURPOSE OF ROUTING INSURANCE CLAIMS DATA TO OR FROM A PHARMACY.
(5) "WHOLESALER" MEANS AN ENTITY THAT BOTTLES, PACKS OR PURCHASES
DRUGS, DEVICES OR COSMETICS FOR THE PURPOSE OF SELLING OR RESELLING TO
PHARMACIES OR TO OTHER CHANNELS.
§ 3002. FILING REQUIREMENT. NOTWITHSTANDING ANY LAW TO THE CONTRARY,
ANY FILING OR SUBMISSION REQUIRED UNDER THIS ARTICLE SHALL BE MADE ELEC-
TRONICALLY UNLESS THE ENTITY REQUIRED TO MAKE THAT FILING OR SUBMISSION
DEMONSTRATES UNDUE HARDSHIP, IMPRACTICABILITY OR GOOD CAUSE AS REQUIRED
BY SECTION THREE HUNDRED SIXTEEN OF THIS CHAPTER.
§ 3003. SPECIAL REPORTS AND OTHER POWERS. (A) THE SUPERINTENDENT MAY
ADDRESS TO ANY ENTITY REQUIRED TO REGISTER OR REPORT INFORMATION UNDER
THIS ARTICLE, OR ITS OFFICERS, OR ANY AGENT OR EMPLOYEE THEREOF ANY
INQUIRY IN RELATION TO ITS BUSINESS OR ANY MATTER CONNECTED THEREWITH.
EVERY INDIVIDUAL OR ENTITY SO ADDRESSED SHALL REPLY IN WRITING TO SUCH
INQUIRY PROMPTLY AND TRUTHFULLY, AND SUCH REPLY SHALL BE, IF REQUIRED BY
THE SUPERINTENDENT, SUBSCRIBED BY SUCH INDIVIDUAL, OR BY SUCH OFFICER OR
OFFICERS OF THE ENTITY, OR BY SUCH AGENT OR EMPLOYEE OF THE ENTITY AS
THE SUPERINTENDENT SHALL DESIGNATE, AND AFFIRMED BY THEM AS TRUE UNDER
THE PENALTIES OF PERJURY.
(B) IN THE EVENT ANY INDIVIDUAL OR ENTITY DOES NOT SUBMIT A GOOD FAITH
RESPONSE TO AN INQUIRY FROM THE SUPERINTENDENT PURSUANT TO SUBSECTION
(A) OF THIS SECTION WITHIN A TIME PERIOD SPECIFIED BY THE SUPERINTENDENT
OF NOT LESS THAN FIFTEEN BUSINESS DAYS, THE SUPERINTENDENT IS AUTHORIZED
S. 4007--A 220 A. 3007--A
TO LEVY A CIVIL PENALTY, AFTER NOTICE AND HEARING, AGAINST SUCH PERSON
NOT TO EXCEED ONE THOUSAND DOLLARS PER DAY FOR EACH DAY BEYOND THE DATE
SPECIFIED BY THE SUPERINTENDENT FOR RESPONSE TO THE INQUIRY.
(C) IN ADDITION TO ALL OTHER POWERS GRANTED BY LAW, THE SUPERINTENDENT
IS HEREBY EMPOWERED TO ORDER ANY PERSON OR ENTITY REQUIRED TO REGISTER
OR REPORT INFORMATION UNDER THIS ARTICLE TO CEASE AND DESIST FROM
VIOLATIONS OF THIS ARTICLE AND FOLLOWING ISSUANCE OF SUCH AN ORDER MAY
BRING AND MAINTAIN AN ACTION IN ANY COURT OF COMPETENT JURISDICTION FOR
AN INJUNCTION OR OTHER APPROPRIATE RELIEF TO ENJOIN THREATENED OR EXIST-
ING VIOLATIONS OF THIS ARTICLE OR OF THE SUPERINTENDENT'S ORDERS OR
REGULATIONS, SUCH ACTION MAY SPECIFICALLY SEEK RESTITUTION ON BEHALF OF
PERSONS AGGRIEVED BY A VIOLATION OF THIS ARTICLE OR ORDERS OR REGU-
LATIONS OF THE SUPERINTENDENT.
(D) IN ADDITION TO ALL OTHER POWERS GRANTED BY LAW, WHENEVER IT SHALL
APPEAR TO THE SUPERINTENDENT, EITHER UPON COMPLAINT OR OTHERWISE, THAT
IN THE COURSE OF ITS BUSINESS WITHIN OR FROM THIS STATE THAT ANY ENTITY
SHALL HAVE EMPLOYED, OR EMPLOYS, OR IS ABOUT TO EMPLOY ANY BUSINESS
PRACTICE OR SHALL HAVE PERFORMED, OR IS PERFORMING, OR IS ABOUT TO
PERFORM ANY ACT IN VIOLATION OF THIS ARTICLE OR ORDERS OR REGULATIONS OF
THE SUPERINTENDENT, OR THE SUPERINTENDENT BELIEVES IT TO BE IN THE
PUBLIC INTEREST THAT AN INVESTIGATION BE MADE, THE SUPERINTENDENT MAY,
IN THE SUPERINTENDENT'S DISCRETION, EITHER REQUIRE OR PERMIT SUCH ENTITY
OR ANY AGENT OR EMPLOYEE THEREOF, TO FILE WITH THE DEPARTMENT A STATE-
MENT IN WRITING UNDER OATH OR OTHERWISE AS TO ALL THE FACTS AND CIRCUM-
STANCES CONCERNING THE SUBJECT MATTER THAT THE SUPERINTENDENT BELIEVES
IS IN THE PUBLIC INTEREST TO INVESTIGATE, AND FOR THAT PURPOSE MAY
PRESCRIBE FORMS UPON WHICH SUCH STATEMENTS SHALL BE MADE. THE SUPER-
INTENDENT MAY ALSO REQUIRE SUCH OTHER DATA AND INFORMATION AS THE SUPER-
INTENDENT MAY DEEM RELEVANT AND MAY MAKE SUCH SPECIAL AND INDEPENDENT
INVESTIGATIONS AS THE SUPERINTENDENT MAY DEEM NECESSARY IN CONNECTION
WITH THE MATTER. IT SHALL BE THE DUTY OF ALL PUBLIC OFFICERS, THEIR
DEPUTIES, ASSISTANTS, SUBORDINATES, CLERKS OR EMPLOYEES AND ALL OTHER
PERSONS TO RENDER AND FURNISH TO THE SUPERINTENDENT, WHEN REQUESTED IN
CONNECTION WITH AN INVESTIGATION UNDER THIS SUBSECTION, ALL INFORMATION
AND ASSISTANCE IN THEIR POSSESSION OR WITHIN THEIR POWER.
(E) ANY ENTITY WHO VIOLATES AN ORDER UNDER SUBSECTION (C) OR (D) OF
THIS SECTION SHALL BE SUBJECT TO A CIVIL PENALTY, AFTER NOTICE AND A
HEARING, OF NOT MORE THAN TEN THOUSAND DOLLARS PER ACT IN VIOLATION, IN
ADDITION TO ANY OTHER PENALTY PROVIDED BY LAW.
(F) ANY COMMUNICATIONS OR DOCUMENTS SENT OR RECEIVED IN CONNECTION
WITH AN INVESTIGATION UNDER THIS ARTICLE, AND MATERIALS REFERRING TO
SUCH INFORMATION IN THE POSSESSION OF THE SUPERINTENDENT SHALL BE CONFI-
DENTIAL AND NOT SUBJECT TO DISCLOSURE BY THE SUPERINTENDENT EXCEPT WHERE
AND AS THE SUPERINTENDENT DETERMINES THAT DISCLOSURE IS IN THE PUBLIC
INTEREST. THIS SUBSECTION SHALL NOT APPLY TO INFORMATION, DOCUMENTS AND
MATERIALS IN THE POSSESSION AND UNDER THE CONTROL OF AN ENTITY OTHER
THAN THE SUPERINTENDENT.
§ 3004. REPORTING OF DRUG PRICE INCREASES. (A)(1) NO MANUFACTURER OR
WHOLESALER MAY CHARGE ANY PRICE FOR A DRUG BASED ON AN INCREASE IN
WHOLESALE ACQUISITION COST, AVERAGE WHOLESALE PRICE, OR ANY OTHER METRIC
UNLESS THE MANUFACTURER SHALL FIRST REPORT THE PRICE TO THE DEPARTMENT.
(2) NO ENTITY MAY SELL OR DISTRIBUTE IN THIS STATE ANY DRUG FOR WHICH
A REPORT WAS REQUIRED TO BE MADE UNDER THIS SUBSECTION UNTIL SUCH REPORT
IS MADE.
(B) THE REPORT REQUIRED BY SUBSECTION (A) OF THIS SECTION SHALL BE
MADE IN A FORM AND MANNER PRESCRIBED BY THE SUPERINTENDENT, SHALL BE
S. 4007--A 221 A. 3007--A
MADE INDIVIDUALLY FOR EACH NATIONAL DRUG CODE, AND SHALL INCLUDE THE
FOLLOWING:
(1) THE NAME OR NAMES OF THE DRUG;
(2) THE NATIONAL DRUG CODE FOR THE DRUG;
(3) THE PRICE OF THE DRUG PRIOR TO THE INCREASE;
(4) THE PRICE OF THE DRUG FOLLOWING THE INCREASE;
(5) THE EFFECTIVE DATE OF THE INCREASE;
(6) THE DATE ON WHICH THE DECISION WAS MADE TO INCREASE THE PRICE; AND
(7) THE REASON AND JUSTIFICATION FOR THE INCREASE.
(C) NOT LATER THAN MAY FIRST, TWO THOUSAND TWENTY-FIVE, THE DEPARTMENT
SHALL BEGIN PUBLISHING REPORTS RECEIVED UNDER THIS SECTION ON A PUBLICLY
ACCESSIBLE ONLINE DATABASE, WHICH IS SEARCHABLE AT LEAST BY MANUFACTURER
NAME, DRUG NAME, AND NATIONAL DRUG CODE. REPORTS SHALL BE POSTED NOT
LATER THAN FIFTEEN BUSINESS DAYS AFTER THEY ARE RECEIVED AND SHALL
REMAIN ON THE DATABASE FOR NOT LESS THAN ONE HUNDRED EIGHTY DAYS AFTER
THE EFFECTIVE DATE OF THE INCREASE OR THE FIRST DATE THE REPORT IS POST-
ED, WHICHEVER IS LATER, PROVIDED, HOWEVER, THAT THE SUPERINTENDENT MAY
DELAY THE POSTING OF A REPORT IF POSTING WITHIN FIFTEEN BUSINESS DAYS OF
RECEIPT IS NOT FEASIBLE.
(D) NOTWITHSTANDING ANY LAW TO THE CONTRARY, THE INFORMATION CONTAINED
IN PARAGRAPHS SIX AND SEVEN OF SUBSECTION (B) OF THIS SECTION OR ANY
STATEMENT REQUIRED UNDER SUBSECTION (G) OF THIS SECTION, TOGETHER WITH
ANY COMMUNICATIONS, DOCUMENTS, AND MATERIALS REFERRING TO SUCH INFORMA-
TION IN THE POSSESSION OF THE SUPERINTENDENT, SHALL BE CONFIDENTIAL AND
NOT SUBJECT TO DISCLOSURE BY THE SUPERINTENDENT, EXCEPT WHERE THE SUPER-
INTENDENT DETERMINES THAT DISCLOSURE IS IN THE PUBLIC INTEREST. THIS
SUBSECTION SHALL NOT APPLY TO INFORMATION, DOCUMENTS AND MATERIALS IN
THE POSSESSION AND UNDER THE CONTROL OF AN ENTITY OTHER THAN THE SUPER-
INTENDENT.
(E) NO REPORT SHALL BE CONSIDERED VALIDLY FILED UNLESS ACCOMPANIED BY
A FILING FEE IN AN AMOUNT SET FORTH IN THIS SUBSECTION.
(1) FOR ANY REPORT INVOLVING AN INCREASE THAT WILL NOT TAKE EFFECT FOR
ONE HUNDRED TWENTY DAYS OR MORE AND FOR WHICH THE EFFECTIVE DATE OF THE
CHANGE IS BETWEEN THE FIRST OF JANUARY AND THE THIRTY-FIRST OF JANUARY
AND:
(A) FOR WHICH THE INCREASE WILL RESULT IN A CHANGE OF LESS THAN TEN
PERCENT PER UNIT OVER THE PRICE OF THE SAME DRUG THREE HUNDRED SIXTY-
FIVE DAYS BEFORE THE EFFECTIVE DATE OF THE CHANGE, THE FEE SHALL BE
TWENTY-FIVE DOLLARS;
(B) FOR WHICH THE INCREASE WILL RESULT IN A CHANGE OF LESS THAN TWEN-
TY-FIVE PERCENT PER UNIT OVER THE PRICE OF THE SAME DRUG THREE HUNDRED
SIXTY-FIVE DAYS BEFORE THE EFFECTIVE DATE OF THE CHANGE, THE FEE SHALL
BE TWENTY-FIVE DOLLARS;
(C) FOR WHICH THE INCREASE WILL RESULT IN A CHANGE OF LESS THAN FIFTY
PERCENT PER UNIT OVER THE PRICE OF THE SAME DRUG THREE HUNDRED SIXTY-
FIVE DAYS BEFORE THE EFFECTIVE DATE OF THE CHANGE, THE FEE SHALL BE TWO
HUNDRED FIFTY DOLLARS; OR
(D) FOR WHICH THE INCREASE WILL RESULT IN A CHANGE OF FIFTY PERCENT OR
GREATER PER UNIT OVER THE PRICE OF THE SAME DRUG THREE HUNDRED SIXTY-
FIVE DAYS BEFORE THE EFFECTIVE DATE OF THE CHANGE, THE FEE SHALL BE ONE
THOUSAND DOLLARS.
(2) FOR ANY REPORT INVOLVING AN INCREASE THAT WILL NOT TAKE EFFECT FOR
ONE HUNDRED TWENTY DAYS OR MORE AND FOR WHICH THE EFFECTIVE DATE IS
OUTSIDE OF THE MONTH OF JANUARY AND:
(A) FOR WHICH THE INCREASE WILL RESULT IN A CHANGE OF LESS THAN TEN
PERCENT PER UNIT OVER THE PRICE OF THE SAME DRUG THREE HUNDRED SIXTY-
S. 4007--A 222 A. 3007--A
FIVE DAYS BEFORE THE EFFECTIVE DATE OF THE CHANGE, THE FEE SHALL BE TWO
THOUSAND FIVE HUNDRED DOLLARS;
(B) FOR WHICH THE INCREASE WILL RESULT IN A CHANGE OF LESS THAN TWEN-
TY-FIVE PERCENT PER UNIT OVER THE PRICE OF THE SAME DRUG THREE HUNDRED
SIXTY-FIVE DAYS BEFORE THE EFFECTIVE DATE OF THE CHANGE, THE FEE SHALL
BE FIVE THOUSAND DOLLARS;
(C) FOR WHICH THE INCREASE WILL RESULT IN A CHANGE OF LESS THAN FIFTY
PERCENT PER UNIT OVER THE PRICE OF THE SAME DRUG THREE HUNDRED SIXTY-
FIVE DAYS BEFORE THE EFFECTIVE DATE OF THE CHANGE, THE FEE SHALL BE
SEVEN THOUSAND FIVE HUNDRED DOLLARS; OR
(D) FOR WHICH THE INCREASE WILL RESULT IN A CHANGE OF FIFTY PERCENT OR
GREATER PER UNIT OVER THE PRICE OF THE SAME DRUG THREE HUNDRED SIXTY-
FIVE DAYS BEFORE THE EFFECTIVE DATE OF THE CHANGE, THE FEE SHALL BE TEN
THOUSAND DOLLARS.
(3) FOR ANY REPORT INVOLVING AN INCREASE THAT WILL TAKE EFFECT IN LESS
THAN ONE HUNDRED TWENTY DAYS AND FOR WHICH THE EFFECTIVE DATE OF THE
CHANGE IS BETWEEN THE FIRST OF JANUARY AND THE THIRTY-FIRST OF JANUARY
AND:
(A) FOR WHICH THE INCREASE WILL RESULT IN A CHANGE OF LESS THAN TEN
PERCENT PER UNIT OVER THE PRICE OF THE SAME DRUG THREE HUNDRED SIXTY-
FIVE DAYS BEFORE THE EFFECTIVE DATE OF THE CHANGE, THE FEE SHALL BE TWO
THOUSAND FIVE HUNDRED DOLLARS;
(B) FOR WHICH THE INCREASE WILL RESULT IN A CHANGE OF LESS THAN TWEN-
TY-FIVE PERCENT PER UNIT OVER THE PRICE OF THE SAME DRUG THREE HUNDRED
SIXTY-FIVE DAYS BEFORE THE EFFECTIVE DATE OF THE CHANGE, THE FEE SHALL
BE FIVE THOUSAND DOLLARS;
(C) FOR WHICH THE INCREASE WILL RESULT IN A CHANGE OF LESS THAN FIFTY
PERCENT PER UNIT OVER THE PRICE OF THE SAME DRUG THREE HUNDRED SIXTY-
FIVE DAYS BEFORE THE EFFECTIVE DATE OF THE CHANGE, THE FEE SHALL BE
SEVEN THOUSAND FIVE HUNDRED DOLLARS; OR
(D) FOR WHICH THE INCREASE WILL RESULT IN A CHANGE OF FIFTY PERCENT OR
GREATER PER UNIT OVER THE PRICE OF THE SAME DRUG THREE HUNDRED SIXTY-
FIVE DAYS BEFORE THE EFFECTIVE DATE OF THE CHANGE, THE FEE SHALL BE TEN
THOUSAND DOLLARS.
(4) FOR ANY REPORT INVOLVING AN INCREASE THAT WILL TAKE EFFECT IN LESS
THAN ONE HUNDRED TWENTY DAYS AND FOR WHICH THE EFFECTIVE DATE OF THE
CHANGE IS OUTSIDE OF THE MONTH OF JANUARY AND:
(A) FOR WHICH THE INCREASE WILL RESULT IN A CHANGE OF LESS THAN TEN
PERCENT PER UNIT OVER THE PRICE OF THE SAME DRUG THREE HUNDRED SIXTY-
FIVE DAYS BEFORE THE EFFECTIVE DATE OF THE CHANGE, THE FEE SHALL BE
TWENTY-FIVE THOUSAND DOLLARS;
(B) FOR WHICH THE INCREASE WILL RESULT IN A CHANGE OF LESS THAN TWEN-
TY-FIVE PERCENT PER UNIT OVER THE PRICE OF THE SAME DRUG THREE HUNDRED
SIXTY-FIVE DAYS BEFORE THE EFFECTIVE DATE OF THE CHANGE, THE FEE SHALL
BE FIFTY THOUSAND DOLLARS;
(C) FOR WHICH THE INCREASE WILL RESULT IN A CHANGE OF LESS THAN FIFTY
PERCENT PER UNIT OVER THE PRICE OF THE SAME DRUG THREE HUNDRED SIXTY-
FIVE DAYS BEFORE THE EFFECTIVE DATE OF THE CHANGE, THE FEE SHALL BE
SEVENTY-FIVE THOUSAND DOLLARS; OR
(D) FOR WHICH THE INCREASE WILL RESULT IN A CHANGE OF FIFTY PERCENT OR
GREATER PER UNIT OVER THE PRICE OF THE SAME DRUG THREE HUNDRED SIXTY-
FIVE DAYS BEFORE THE EFFECTIVE DATE OF THE CHANGE, THE FEE SHALL BE ONE
HUNDRED THOUSAND DOLLARS.
(5) FOR ANY REPORT MADE AFTER THE EFFECTIVE DATE OF THE CHANGE, THE
FEE SHALL BE ONE HUNDRED THOUSAND DOLLARS PLUS TEN THOUSAND DOLLARS FOR
EACH DAY AFTER THE EFFECTIVE DATE BEFORE THE REPORT IS MADE.
S. 4007--A 223 A. 3007--A
(F) AFTER NOTICE AND A HEARING, THE SUPERINTENDENT MAY IMPOSE A CIVIL
PENALTY ON ANY ENTITY THAT VIOLATES SUBSECTION (A) OF THIS SECTION IN AN
AMOUNT NOT TO EXCEED ONE MILLION DOLLARS PER VIOLATION. IN CONSIDERING
THE AMOUNT OF ANY SUCH CIVIL PENALTY, THE SUPERINTENDENT SHALL CONSIDER:
(1) THE TIMING OF THE INCREASE;
(2) THE COST OF THE DRUG;
(3) THE IMPACT ON CONSUMERS;
(4) WHETHER SUCH VIOLATION IS A FIRST OFFENSE; AND
(5) REMEDIAL MEASURES THE ENTITY HAS PUT IN PLACE TO PREVENT FUTURE
VIOLATIONS.
(G) WHENEVER A REPORT IS MADE INVOLVING AN INCREASE THAT WILL TAKE
EFFECT IN LESS THAN ONE HUNDRED TWENTY DAYS, THE MANUFACTURER OF THE
DRUG SHALL PROVIDE TO THE SUPERINTENDENT A STATEMENT OF THE REASON THAT
THE INCREASE MUST TAKE EFFECT IN LESS THAN ONE HUNDRED TWENTY DAYS. WHEN
THE SUPERINTENDENT BELIEVES IT IS IN THE PUBLIC INTEREST THAT AN INVES-
TIGATION BE MADE, THE SUPERINTENDENT MAY MAKE INDEPENDENT AND SPECIAL
INVESTIGATIONS INTO THE MATTER AS THE SUPERINTENDENT DEEMS APPROPRIATE.
§ 3005. REPORTING OF PAY FOR DELAY AGREEMENTS. (A) EACH MANUFACTURER
DOING BUSINESS IN THIS STATE THAT MANUFACTURES A BRAND NAME PRESCRIPTION
DRUG AND ENTERS INTO AN ARRANGEMENT, THROUGH AGREEMENT OR OTHERWISE,
WITH ANOTHER PHARMACEUTICAL MANUFACTURER THAT HAS THE PURPOSE OR EFFECT
OF DELAYING OR PREVENTING SUCH OTHER MANUFACTURER FROM INTRODUCING A
GENERIC SUBSTITUTE FOR SUCH DRUG INTO THE MARKETPLACE SHALL, NOT LATER
THAN THIRTY DAYS AFTER ENTERING INTO SUCH ARRANGEMENT, SEND NOTICE TO
THE SUPERINTENDENT, IN A FORM AND MANNER PRESCRIBED BY THE SUPERINTEN-
DENT, DISCLOSING THE NAME OF SUCH DRUG, THE WHOLESALE PRICE, THE DISEASE
OR DISEASES SUCH DRUG IS COMMONLY PRESCRIBED TO TREAT, THE MANUFACTURER
OF SUCH DRUG, THE NAME OF THE GENERIC MANUFACTURER, THE LENGTH OF THE
DELAY, AND SUCH OTHER INFORMATION AS THE SUPERINTENDENT MAY REQUIRE.
(B) THE SUPERINTENDENT SHALL, NO LATER THAN THIRTY DAYS AFTER RECEIV-
ING A NOTICE PURSUANT TO SUBSECTION (A) OF THIS SECTION, PROVIDE NOTICE
OF THE FILING TO THE DRUG ACCOUNTABILITY BOARD, THE DRUG UTILIZATION
REVIEW BOARD ESTABLISHED UNDER SECTION THREE HUNDRED SIXTY-NINE-BB OF
THE SOCIAL SERVICES LAW AND ALL MEDICAID MANAGED CARE PLANS, HEALTH
PLANS AND PHARMACY BENEFITS MANAGERS. IT SHALL BE SUFFICIENT NOTICE FOR
THE SUPERINTENDENT TO MAKE AVAILABLE AN EMAIL NOTIFICATION LIST TO WHICH
ANY OF THE AFOREMENTIONED ENTITIES MAY ELECT TO RECEIVE NOTICE.
(C) NO LATER THAN JUNE FIRST, TWO THOUSAND TWENTY-FOUR, THE DEPARTMENT
SHALL POST ON ITS WEBSITE WITHIN THIRTY DAYS OF RECEIPT THEREOF, ALL THE
NOTICES REQUIRED PURSUANT TO SUBSECTION (A) OF THIS SECTION IN A FORMAT
AND MANNER DEVELOPED BY THE SUPERINTENDENT THAT IS SEARCHABLE BY DRUG,
COST, DISEASE, AND MANUFACTURER BOTH FOR THE BRAND AND GENERIC DRUG FOR
PUBLIC REVIEW.
(D) EACH NOTICE REQUIRED UNDER SUBSECTION (A) OF THIS SECTION SHALL BE
ACCOMPANIED BY A FILING FEE OF ONE HUNDRED DOLLARS.
(E) FOR A VIOLATION BY A MANUFACTURER OF A BRAND NAME DRUG WHO KNOW-
INGLY OR NEGLIGENTLY FAILS TO NOTIFY THE SUPERINTENDENT AS REQUIRED IN
SUBSECTION (A) OF THIS SECTION, THE SUPERINTENDENT SHALL FINE SUCH
MANUFACTURER NO LESS THAN FIVE THOUSAND DOLLARS FOR EACH DAY SUCH
MANUFACTURER FAILS TO PROPERLY NOTIFY THE SUPERINTENDENT PURSUANT TO THE
REQUIREMENTS OF THIS SECTION FOR THE FIRST VIOLATION AND NO LESS THAN
TEN THOUSAND DOLLARS FOR EACH DAY SUCH MANUFACTURER FAILS TO PROPERLY
NOTIFY THE SUPERINTENDENT PURSUANT TO THE REQUIREMENTS OF THIS SECTION
FOR EACH VIOLATION THEREAFTER.
§ 3006. REGISTRATION OF PHARMACY SERVICES ADMINISTRATIVE ORGANIZA-
TIONS. (A) NO PSAO SHALL OPERATE IN THIS STATE AFTER MARCH THIRTY-
S. 4007--A 224 A. 3007--A
FIRST, TWO THOUSAND TWENTY-FOUR WITHOUT FIRST REGISTERING WITH THE
DEPARTMENT.
(B) A PSAO SEEKING REGISTRATION SHALL FILE, IN A FORM AND MANNER
DETERMINED BY THE SUPERINTENDENT, INFORMATION THAT INCLUDES AT A MINI-
MUM:
(1) THE LEGAL NAME OF THE ENTITY;
(2) ANY TRADE OR OTHER NAMES USED BY THE ENTITY;
(3) THE ORGANIZATIONAL STRUCTURE OF THE ENTITY;
(4) THE PHARMACIES LOCATED WITHIN THIS STATE WITH WHICH THE ENTITY
PROVIDES SERVICES;
(5) THE PERSONS WHO EXERCISE CONTROL OF THE ENTITY;
(6) A PRIMARY POINT OF CONTACT FOR THE ENTITY;
(7) AN AGENT FOR SERVICE OF PROCESS;
(8) A SET OF AUDITED FINANCIALS FOR THE PRIOR FISCAL YEAR; AND
(9) SUCH OTHER INFORMATION AS THE SUPERINTENDENT SHALL REQUIRE.
(C) THE SUPERINTENDENT SHALL ACCEPT A REGISTRATION ONLY IF THE SUPER-
INTENDENT DETERMINES THAT ALL THE REQUIRED INFORMATION HAS BEEN PROVIDED
IN A SATISFACTORY FORM AND HAS RECEIVED PAYMENT OF A NONREFUNDABLE
REGISTRATION FEE OF FIVE THOUSAND DOLLARS.
(D) IF ANY OF THE INFORMATION CONTAINED IN THE REGISTRATION SHALL
CHANGE, THE PSAO SHALL NOTIFY THE DEPARTMENT OF THE CHANGE IN A FORM AND
MANNER PRESCRIBED BY THE SUPERINTENDENT FOR SUCH PURPOSE WITHIN TWENTY-
ONE DAYS OF THE CHANGE. THE REQUIREMENT TO UPDATE SHALL INCLUDE THE
FILING OF A NEW SET OF AUDITED FINANCIALS UPON ADOPTION. FOR ANY CHANGE
OTHER THAN NEW AUDITED FINANCIALS, THE FILING SHALL NOT BE DEEMED
COMPLETE UNLESS ACCOMPANIED BY A PAYMENT OF A FEE OF FIFTY DOLLARS.
(E) EVERY PSAO REGISTRATION ISSUED PURSUANT TO THIS SECTION SHALL
EXPIRE TWELVE MONTHS AFTER THE DATE OF ISSUE. A PSAO MAY RENEW ITS
REGISTRATION FOR ANOTHER TWELVE MONTHS UPON THE FILING OF AN APPLICATION
IN CONFORMITY WITH THIS SECTION.
(F) BEFORE A PSAO REGISTRATION SHALL BE RENEWED, THE PSAO SHALL FILE
AN APPLICATION FOR RENEWAL IN SUCH FORM AS THE SUPERINTENDENT
PRESCRIBES, AND PAY A FEE OF FIVE THOUSAND DOLLARS.
(G) IF A PSAO FILES A RENEWAL APPLICATION WITH THE SUPERINTENDENT AT
LEAST ONE MONTH BEFORE ITS EXPIRATION, THEN THE REGISTRATION SOUGHT TO
BE RENEWED SHALL CONTINUE IN FULL FORCE AND EFFECT EITHER UNTIL THE
ISSUANCE BY THE SUPERINTENDENT OF THE RENEWAL REGISTRATION APPLIED FOR
OR UNTIL FIVE DAYS AFTER THE SUPERINTENDENT SHALL HAVE REFUSED TO ISSUE
SUCH RENEWAL REGISTRATION AND GIVEN NOTICE OF SUCH REFUSAL TO THE APPLI-
CANT, OTHERWISE THE PSAO REGISTRATION SHALL EXPIRE AND THE REGISTRANT
SHALL HAVE NO EXPECTATION OF RENEWAL.
§ 3007. REQUIRED DISCLOSURES BY PHARMACY SERVICES ADMINISTRATIVE
ORGANIZATIONS. (A) (1) EACH PSAO SHALL AT THE TIME OF REGISTRATION
PURSUANT TO SECTION THREE THOUSAND SIX OF THIS ARTICLE DISCLOSE TO THE
DEPARTMENT THE EXTENT OF ANY OWNERSHIP OR CONTROL OF THE PSAO OR BY THE
PSAO OF ANY PARENT COMPANY, SUBSIDIARY, OR AFFILIATE THAT:
(A) PROVIDES PHARMACY SERVICES;
(B) PROVIDES PRESCRIPTION DRUG OR DEVICE SERVICES; OR
(C) MANUFACTURES, SELLS, OR DISTRIBUTES PRESCRIPTION DRUGS, BIOLOG-
ICALS, OR MEDICAL DEVICES.
(2) A PSAO SHALL FURNISH A COPY OF THE DISCLOSURE MADE AT THE TIME OF
REGISTRATION TO ALL PHARMACIES LOCATED IN THIS STATE WITH WHICH IT HAS
CONTRACT IN PLACE AT THE TIME OF THE REGISTRATION. A PSAO SHALL NOT
COLLECT ANY FEE FOR ANY SERVICES PROVIDED TO A PHARMACY FOR ANY PERIOD
BEGINNING FIVE DAYS AFTER THE FILING OF A REGISTRATION WITH THE DEPART-
MENT UNTIL THE DISCLOSURE IS SENT TO THE PHARMACY.
S. 4007--A 225 A. 3007--A
(3) NOT LATER THAN APRIL FIRST, TWO THOUSAND TWENTY-FIVE, THE DEPART-
MENT SHALL PUBLISH ALL DISCLOSURES RECEIVED UNDER THIS SUBSECTION ON A
PUBLICLY ACCESSIBLE ONLINE DATABASE, WHICH IS SEARCHABLE AT LEAST BY
PSAO NAME. ALL DISCLOSURES SHALL BE POSTED NOT LATER THAN TEN BUSINESS
DAYS AFTER A REGISTRATION IS ACCEPTED AND SHALL REMAIN ON THE DATABASE
FOR THE DURATION OF THE REGISTRATION OF THE PSAO.
(B) (1) PRIOR TO ENTERING INTO ANY CONTRACT WITH ANY PHARMACY LOCATED
IN THIS STATE, INCLUDING A CONTRACT WITH A GROUP OF PHARMACIES AT LEAST
ONE OF WHICH IS IN THIS STATE, A PSAO SHALL FURNISH TO THE PHARMACY A
WRITTEN DISCLOSURE OF THE INFORMATION REQUIRED TO BE DISCLOSED IN
SUBSECTION (A) OF THIS SECTION. NO CONTRACT WITH A PHARMACY SHALL BE
ENFORCEABLE AGAINST THE PHARMACY BY A PSAO UNLESS THAT PSAO MAKES THIS
DISCLOSURE PRIOR TO THE AGREEMENT. IN ADDITION TO ANY OTHER POWER
CONFERRED BY LAW, THE SUPERINTENDENT MAY PRESCRIBE THE FORM AND MANNER
OF SUCH DISCLOSURES.
(2) A PSAO THAT OWNS, IS OWNED BY, IN WHOLE OR IN PART, OR CONTROLS
ANY ENTITY THAT MANUFACTURES, SELLS, OR DISTRIBUTES PRESCRIPTION DRUGS,
BIOLOGICALS, OR MEDICAL DEVICES SHALL NOT, AS A CONDITION OF ENTERING
INTO A CONTRACT WITH A PHARMACY, REQUIRE THAT THE PHARMACY PURCHASE ANY
DRUGS OR MEDICAL DEVICES FROM AN ENTITY WITH WHICH THE PSAO HAS A FINAN-
CIAL INTEREST, OR AN ENTITY WITH AN OWNERSHIP INTEREST IN THE PSAO.
(3) NO PSAO SHALL ENTER INTO A CONTRACT WITH A PHARMACY IN THIS STATE
UNLESS THAT CONTRACT SHALL PROVIDE THAT ALL REMITTANCES FOR CLAIMS
SUBMITTED BY A PHARMACY BENEFIT MANAGER OR THIRD-PARTY PAYER ON BEHALF
OF A PHARMACY TO THE PSAO SHALL BE PASSED THROUGH BY THE PSAO TO THE
PHARMACY WITHIN A REASONABLE AMOUNT OF TIME, ESTABLISHED IN THE
CONTRACT, AFTER RECEIPT OF THE REMITTANCE BY THE PSAO FROM THE PHARMACY
BENEFIT MANAGER OR THIRD-PARTY PAYER.
(C) (1) A PSAO THAT PROVIDES, ACCEPTS, OR PROCESSES A DISCOUNT,
CONCESSION, OR PRODUCT VOUCHER, TO REDUCE, DIRECTLY OR INDIRECTLY, A
COVERED INDIVIDUAL'S OUT-OF-POCKET EXPENSE FOR THE ORDER, DISPENSING,
SUBSTITUTION, SALE, OR PURCHASE OF A PRESCRIPTION DRUG SHALL MAKE AVAIL-
ABLE TO EACH PHARMACY IN THIS STATE THAT IT CONTRACTS WITH OR WHICH IT
CONTRACTED WITH IN THE PRIOR CALENDAR YEAR, AN ANNUAL REPORT THAT
INCLUDES:
(A) AN AGGREGATED TOTAL OF ALL SUCH TRANSACTIONS, BY THE PHARMACY; AND
(B) AN AGGREGATED TOTAL OF ANY PAYMENTS RECEIVED BY THE PSAO ITSELF
FOR PROVIDING, PROCESSING, OR ACCEPTING ANY DISCOUNT, CONCESSION, OR
PRODUCT VOUCHER ON BEHALF OF A PHARMACY.
(2) A PHARMACY IN THIS STATE THAT IS A PARTY TO A CONTRACT WITH A PSAO
SHALL HAVE A RIGHT TO AN ACCOUNTING OF THE FUNDS RECEIVED BY THE PSAO
FOR GOODS OR SERVICES PROVIDED BY THE PHARMACY TO PATIENTS AND CUSTOM-
ERS.
§ 3008. REGISTRATION OF PHARMACY SWITCH COMPANIES. (A) NO SWITCH
COMPANY MAY DO BUSINESS IN THIS STATE AFTER JUNE THIRTIETH, TWO THOUSAND
TWENTY-FOUR WITHOUT FIRST REGISTERING WITH THE DEPARTMENT.
(B) A SWITCH COMPANY SEEKING REGISTRATION SHALL FILE WITH THE DEPART-
MENT, IN A FORM AND MANNER DETERMINED BY THE SUPERINTENDENT, INFORMATION
INCLUDING BUT NOT LIMITED TO:
(1) THE LEGAL NAME OF THE ENTITY;
(2) ANY TRADE OR OTHER NAMES USED BY THE ENTITY;
(3) THE ORGANIZATIONAL STRUCTURE OF THE ENTITY;
(4) THE PHARMACIES LOCATED WITHIN THIS STATE AND THE PHARMACY BENEFIT
MANAGERS LICENSED IN THIS STATE WITH WHICH THE ENTITY PROVIDES SERVICES;
(5) THE PERSONS WHO EXERCISE CONTROL OF THE ENTITY;
(6) A PRIMARY POINT OF CONTACT FOR THE ENTITY;
S. 4007--A 226 A. 3007--A
(7) AN AGENT FOR SERVICE OF PROCESS;
(8) A SET OF AUDITED FINANCIALS FOR THE PRIOR FISCAL YEAR; AND
(9) SUCH OTHER INFORMATION OR DOCUMENTS AS THE SUPERINTENDENT SHALL
REQUIRE.
(C) THE SUPERINTENDENT SHALL ACCEPT A REGISTRATION ONLY IF HE OR SHE
DEEMS THAT ALL THE REQUIRED INFORMATION HAS BEEN PROVIDED IN A SATISFAC-
TORY FORM AND HAS RECEIVED PAYMENT OF A NONREFUNDABLE REGISTRATION FEE
OF ONE THOUSAND DOLLARS.
(D) IF ANY OF THE INFORMATION CONTAINED IN THE REGISTRATION SHALL
CHANGE, THE SWITCH COMPANY SHALL NOTIFY THE DEPARTMENT OF THE CHANGE IN
A FORM AND MANNER PRESCRIBED BY THE SUPERINTENDENT FOR SUCH PURPOSE
WITHIN TWENTY-ONE DAYS OF THE CHANGE. THE REQUIREMENT TO UPDATE SHALL
INCLUDE THE FILING OF A NEW SET OF AUDITED FINANCIALS UPON ADOPTION. FOR
ANY CHANGE OTHER THAN NEW AUDITED FINANCIALS, THE FILING SHALL NOT BE
DEEMED COMPLETE UNLESS ACCOMPANIED BY A PAYMENT OF A FEE OF FIFTY
DOLLARS.
(E) EVERY PHARMACY SWITCH COMPANY'S REGISTRATION SHALL EXPIRE TWELVE
MONTHS AFTER THE DATE OF ISSUE. EVERY REGISTRATION ISSUED PURSUANT TO
THIS SECTION MAY BE RENEWED FOR THE ENSUING PERIOD OF TWELVE MONTHS UPON
THE FILING OF AN APPLICATION IN CONFORMITY WITH THIS SUBSECTION.
(F) BEFORE A PHARMACY SWITCH COMPANY'S REGISTRATION SHALL BE RENEWED,
THE PHARMACY SWITCH COMPANY SHALL PROPERLY FILE IN THE OFFICE OF THE
SUPERINTENDENT AN APPLICATION FOR RENEWAL IN SUCH FORM AS THE SUPER-
INTENDENT PRESCRIBES, AND PAY A FEE OF ONE THOUSAND DOLLARS.
(G) IF AN APPLICATION FOR A RENEWAL REGISTRATION SHALL HAVE BEEN FILED
WITH THE SUPERINTENDENT AT LEAST ONE MONTH BEFORE ITS EXPIRATION, THEN
THE REGISTRATION SOUGHT TO BE RENEWED SHALL CONTINUE IN FULL FORCE AND
EFFECT EITHER UNTIL THE ISSUANCE BY THE SUPERINTENDENT OF THE RENEWAL
REGISTRATION APPLIED FOR OR UNTIL FIVE DAYS AFTER THE SUPERINTENDENT
SHALL HAVE REFUSED TO ISSUE SUCH RENEWAL REGISTRATION AND GIVEN NOTICE
OF SUCH REFUSAL TO THE APPLICANT, OTHERWISE THE REGISTRATION SHALL
EXPIRE AND THE REGISTRANT SHALL HAVE NO EXPECTATION OF RENEWAL.
§ 3009. REQUIRED DISCLOSURES BY PHARMACY SWITCH COMPANIES. (A) EACH
SWITCH COMPANY SHALL ANNUALLY DISCLOSE TO THE DEPARTMENT, IN A FORM AND
MANNER PRESCRIBED BY THE SUPERINTENDENT, SUCH INFORMATION AS THE SUPER-
INTENDENT DEEMS NECESSARY FOR THE PROPER SUPERVISION OF THE INDUSTRY.
SUCH INFORMATION SHALL INCLUDE:
(1) A LIST OF SERVICES THE SWITCH COMPANY PROVIDES AND THE INDUSTRIES
TO WHICH THEY ARE PROVIDED;
(2) INFORMATION ON ELECTRONIC VOUCHER SERVICES PROVIDED BY THE SWITCH
COMPANY, INCLUDING:
(A) A LIST OF MANUFACTURERS THAT THE SWITCH COMPANY HAS CONTRACTS WITH
OR FOR WHICH IT TRANSMITS ELECTRONIC VOUCHERS;
(B) A LIST OF MEDICATIONS AND THE NATIONAL DRUG CODES (NDCS) FOR WHICH
THE SWITCH COMPANY MAY APPLY ELECTRONIC VOUCHERS; AND
(C) THE TOTAL AMOUNT OF MONEY COLLECTED FROM MANUFACTURERS RELATED TO
TRANSMISSION OF ELECTRONIC VOUCHERS; AND
(3) THE NUMBER OF TRANSACTIONS PROCESSED IN THIS STATE AND THE TOTAL
AMOUNT OF REVENUE ATTRIBUTABLE TO THOSE TRANSACTIONS.
(B) A SWITCH COMPANY SHALL DISCLOSE TO EACH PHARMACY BENEFIT MANAGER
WITH WHICH IT DOES BUSINESS ANY INSTANCE IN WHICH AN ELECTRONIC VOUCHER
WAS APPLIED IN THE COURSE OF ROUTING THE CLAIM.
§ 3010. REGISTRATION OF REBATE AGGREGATORS. (A) NO REBATE AGGREGATOR
MAY DO BUSINESS IN THIS STATE AFTER SEPTEMBER THIRTIETH, TWO THOUSAND
TWENTY-FOUR WITHOUT FIRST REGISTERING WITH THE DEPARTMENT.
S. 4007--A 227 A. 3007--A
(B) A REBATE AGGREGATOR SEEKING REGISTRATION SHALL FILE, IN A FORM AND
MANNER DETERMINED BY THE SUPERINTENDENT, INFORMATION INCLUDING BUT NOT
LIMITED TO:
(1) THE LEGAL NAME OF THE ENTITY;
(2) ANY TRADE OR OTHER NAMES USED BY THE ENTITY;
(3) THE ORGANIZATIONAL STRUCTURE OF THE ENTITY;
(4) THE HEALTH PLANS AND THE PHARMACY BENEFIT MANAGERS LICENSED IN
THIS STATE FOR WHICH THE ENTITY PROVIDES SERVICES;
(5) THE PERSONS WHO EXERCISE CONTROL OF THE ENTITY;
(6) A PRIMARY POINT OF CONTACT FOR THE ENTITY;
(7) AN AGENT FOR SERVICE OF PROCESS;
(8) A SET OF AUDITED FINANCIALS FOR THE PRIOR FISCAL YEAR; AND
(9) SUCH OTHER INFORMATION OR DOCUMENTS AS THE SUPERINTENDENT SHALL
REQUIRE.
(C) THE SUPERINTENDENT SHALL ACCEPT A REGISTRATION ONLY IF HE OR SHE
DEEMS THAT ALL THE REQUIRED INFORMATION HAS BEEN PROVIDED IN A SATISFAC-
TORY FORM AND HAS RECEIVED PAYMENT OF A NONREFUNDABLE REGISTRATION FEE
OF ONE THOUSAND DOLLARS.
(D) IF ANY OF THE INFORMATION CONTAINED IN THE REGISTRATION SHALL
CHANGE THE REBATE AGGREGATOR SHALL NOTIFY THE DEPARTMENT OF THE CHANGE
IN A FORM AND MANNER PRESCRIBED BY THE SUPERINTENDENT FOR SUCH PURPOSE
WITHIN TWENTY-ONE DAYS OF THE CHANGE. THE REQUIREMENT TO UPDATE SHALL
INCLUDE THE FILING OF A NEW SET OF AUDITED FINANCIALS UPON ADOPTION. FOR
ANY CHANGE OTHER THAN NEW AUDITED FINANCIALS, THE FILING SHALL NOT BE
DEEMED COMPLETE UNLESS ACCOMPANIED BY A PAYMENT OF A FEE OF FIFTY
DOLLARS.
(E) EVERY REBATE AGGREGATOR'S REGISTRATION SHALL EXPIRE TWELVE MONTHS
AFTER THE DATE OF ISSUE. EVERY REGISTRATION ISSUED PURSUANT TO THIS
SECTION MAY BE RENEWED FOR THE ENSUING PERIOD OF TWELVE MONTHS UPON THE
FILING OF AN APPLICATION IN CONFORMITY WITH THIS SUBSECTION.
(F) BEFORE A REBATE AGGREGATOR'S REGISTRATION SHALL BE RENEWED, THE
REBATE AGGREGATOR SHALL PROPERLY FILE IN THE OFFICE OF THE SUPERINTEN-
DENT AN APPLICATION FOR RENEWAL IN SUCH FORM AS THE SUPERINTENDENT
PRESCRIBES, AND PAY A FEE OF ONE THOUSAND DOLLARS.
(G) IF AN APPLICATION FOR A RENEWAL REGISTRATION SHALL HAVE BEEN FILED
WITH THE SUPERINTENDENT AT LEAST ONE MONTH BEFORE ITS EXPIRATION, THEN
THE REGISTRATION SOUGHT TO BE RENEWED SHALL CONTINUE IN FULL FORCE AND
EFFECT EITHER UNTIL THE ISSUANCE BY THE SUPERINTENDENT OF THE RENEWAL
REGISTRATION APPLIED FOR OR UNTIL FIVE DAYS AFTER THE SUPERINTENDENT
SHALL HAVE REFUSED TO ISSUE SUCH RENEWAL REGISTRATION AND GIVEN NOTICE
OF SUCH REFUSAL TO THE APPLICANT, OTHERWISE THE REGISTRATION SHALL
EXPIRE AND THE REGISTRANT SHALL HAVE NO EXPECTATION OF RENEWAL.
§ 3011. REQUIRED DISCLOSURES BY REBATE AGGREGATORS. (A) EACH REBATE
AGGREGATOR THAT HAS A CONTRACT OR ARRANGEMENT WITH A PHARMACY BENEFIT
MANAGER SERVING A HEALTH PLAN SHALL, ON AN ANNUAL BASIS, DISCLOSE IN
WRITING TO THE HEALTH PLAN THE FOLLOWING:
(1) FEE STRUCTURE PROVISIONS OF ANY CONTRACT OR ARRANGEMENT BETWEEN
THE REBATE AGGREGATOR AND PHARMACY BENEFIT MANAGER OR DRUG MANUFACTURER,
INCLUDING:
(A) FEES COLLECTED FOR AGGREGATING REBATES DUE TO THE HEALTH PLAN; AND
(B) SUCH OTHER INFORMATION AS THE SUPERINTENDENT MAY REQUIRE BY REGU-
LATION; AND
(2) QUANTIFICATION OF INFLATIONARY PAYMENTS, CREDITS, GRANTS,
REIMBURSEMENTS, OTHER FINANCIAL OR OTHER REIMBURSEMENTS, INCENTIVES,
INDUCEMENTS, REFUNDS OR OTHER BENEFITS RECEIVED BY THE REBATE AGGREGATOR
S. 4007--A 228 A. 3007--A
FROM THE DRUG MANUFACTURER AND RETAINED BY THE REBATE AGGREGATOR, WHETH-
ER REFERRED TO AS A REBATE, A DISCOUNT, OR OTHERWISE.
(B) (1) EACH REBATE AGGREGATOR SHALL, AT THE TIME OF REGISTRATION,
DISCLOSE TO THE DEPARTMENT THE EXTENT OF ANY OWNERSHIP OR CONTROL OF THE
REBATE AGGREGATOR OR BY THE REBATE AGGREGATOR OF ANY PARENT COMPANY,
SUBSIDIARY, OR OTHER AFFILIATED ORGANIZATIONS THAT PROVIDES PHARMACY
BENEFIT MANAGEMENT SERVICES.
(2) EACH REBATE AGGREGATOR SHALL ON AN ANNUAL BASIS DISCLOSE TO THE
DEPARTMENT THE INFORMATION REQUESTED BY THE SUPERINTENDENT, INCLUDING:
(A) ANY PAYMENTS MADE TO A REBATE AGGREGATOR BY A DRUG MANUFACTURER
RELATING TO A DRUG'S UTILIZATION, INCLUDING INFLATIONARY PAYMENTS, CRED-
ITS, GRANTS, REIMBURSEMENTS, OTHER FINANCIAL OR OTHER REIMBURSEMENTS,
INCENTIVES, INDUCEMENTS, REFUNDS OR OTHER BENEFITS RECEIVED BY THE
REBATE AGGREGATOR, WHETHER REFERRED TO AS A REBATE, A DISCOUNT, OR
OTHERWISE;
(B) ANY PAYMENTS MADE, INCLUDING THOSE DESCRIBED IN SUBPARAGRAPH (A)
OF THIS PARAGRAPH AND SUBSEQUENTLY RETAINED BY A REBATE AGGREGATOR;
(C) ANY FEES CHARGED BY THE REBATE AGGREGATOR TO THE PHARMACY BENEFIT
MANAGER OR DRUG MANUFACTURER RELATING TO A DRUG'S UTILIZATION;
(D) ANY PAYMENTS MADE TO A REBATE AGGREGATOR FROM A PROGRAM ADMINIS-
TERED BY A DRUG MANUFACTURER FOR THE PURPOSE OF ASSISTING PATIENTS WITH
THE COST OF PRESCRIPTION DRUGS, INCLUDING COPAYMENT ASSISTANCE PROGRAMS,
DISCOUNT CARDS, AND COUPONS; AND
(E) THE TERMS AND CONDITIONS OF ANY CONTRACT OR ARRANGEMENT BETWEEN
THE REBATE AGGREGATOR AND A PHARMACY BENEFIT MANAGER OR DRUG MANUFACTUR-
ER.
§ 3012. DEPOSIT OF PENALTIES AND FEES. PENALTIES AND FEES COLLECTED
PURSUANT TO THIS ARTICLE SHALL BE DEPOSITED INTO THE PHARMACY BENEFIT
MANAGER REGULATORY FUND ESTABLISHED PURSUANT TO SECTION NINETY-NINE-OO
OF THE STATE FINANCE LAW.
§ 4. Subdivision 3 of section 99-oo of the state finance law, as added
by chapter 128 of the laws of 2022, is amended to read as follows:
3. Such fund shall consist of money received by the state as fees
under [article] ARTICLES twenty-nine AND THIRTY of the insurance law or
penalties ordered under [article] ARTICLES twenty-nine AND THIRTY of the
insurance law and all other monies appropriated, credited, or trans-
ferred thereto from any other fund or source pursuant to law. All monies
shall remain in such fund unless and until directed by statute or appro-
priation.
§ 5. This act shall take effect on the one hundred fiftieth day after
it shall have become a law.
SUBPART C
Section 1. Subdivision 9 of section 2807-k of the public health law,
as amended by section 17 of part B of chapter 60 of the laws of 2014, is
amended to read as follows:
9. In order for a general hospital to participate in the distribution
of funds from the pool, the general hospital must implement minimum
collection policies and procedures approved by the commissioner, UTILIZ-
ING ONLY A UNIFORM FINANCIAL ASSISTANCE FORM DEVELOPED AND PROVIDED BY
THE DEPARTMENT.
§ 2. This act shall take effect April 1, 2024.
SUBPART D
S. 4007--A 229 A. 3007--A
Section 1. Legislative findings. The legislature finds that it is in
the best interest of the people of this state to expand article 77 of
the insurance law to protect insureds and health care providers against
the failure or inability of a health or property/casualty insurer writ-
ing health insurance to perform its contractual obligations due to
financial impairment or insolvency. The superintendent of financial
services has the right and responsibility to enforce the insurance law
and the authority to seek redress against any person responsible for the
impairment or insolvency of the insurer, and nothing in this act is
intended to restrict or limit such right, responsibility, or authority.
§ 2. The article heading of article 77 of the insurance law, as added
by chapter 802 of the laws of 1985, is amended to read as follows:
THE LIFE AND HEALTH INSURANCE COMPANY
GUARANTY CORPORATION
OF NEW YORK ACT
§ 3. Section 7701 of the insurance law, as added by chapter 802 of the
laws of 1985, is amended to read as follows:
§ 7701. Short title. This article shall be known and may be cited as
"The Life AND HEALTH Insurance Company Guaranty Corporation of New York
Act".
§ 4. Section 7702 of the insurance law, as amended by chapter 454 of
the laws of 2014, is amended to read as follows:
§ 7702. Purpose. The purpose of this article is to provide funds to
protect policy owners, insureds, HEALTH CARE PROVIDERS, beneficiaries,
annuitants, payees and assignees of life insurance policies, health
insurance policies, annuity contracts, funding agreements and supple-
mental contracts issued by life insurance companies, HEALTH INSURANCE
COMPANIES, AND PROPERTY/CASUALTY INSURANCE COMPANIES, subject to certain
limitations, against failure in the performance of contractual obli-
gations due to the impairment or insolvency of the insurer issuing such
policies, contracts, or funding agreements. In the judgment of the
legislature, the foregoing objects and purposes not being capable of
accomplishment by a corporation created under general laws, the creation
of a not-for-profit corporation of insurers is provided for by this
article to enable the guarantee of payment of benefits and of continua-
tion of coverages, and members of the corporation are subject to assess-
ment to carry out the purposes of this article.
§ 5. Paragraphs 1 and 2 of subsection (a) of section 7703 of the
insurance law, as added by chapter 454 of the laws of 2014, are amended
to read as follows:
(1) This article shall apply to direct life insurance policies, health
insurance policies, annuity contracts, funding agreements, and supple-
mental contracts issued by a life insurance company, HEALTH INSURANCE
COMPANY, OR PROPERTY/CASUALTY INSURANCE COMPANY licensed to transact
life or health insurance or annuities in this state at the time the
policy, contract, or funding agreement was issued or on the date of
entry of a court order of liquidation or rehabilitation with respect to
such a company that is an impaired or insolvent insurer, as the case may
be.
(2) Except as otherwise provided in this section, this article shall
apply to the policies, contracts, and funding agreements specified in
paragraph one of this subsection with regard to a person who is:
(A) an owner or certificate holder under a policy, contract, or fund-
ing agreement and in each case who:
(i) is a resident OF THIS STATE; or
S. 4007--A 230 A. 3007--A
(ii) is not a resident OF THIS STATE, but only under all of the
following conditions:
(I) (AA) the insurer that issued the policy, contract, or agreement is
domiciled in this state; OR
(BB) THE INSURER THAT ISSUED THE POLICY, CONTRACT, OR AGREEMENT IS
DOMICILED OUTSIDE THIS STATE AND THE INSURER DELIVERED OR ISSUED FOR
DELIVERY THE POLICY, CONTRACT, OR AGREEMENT IN THIS STATE; PROVIDED,
HOWEVER, THAT FOR THE PURPOSE OF THIS SUBITEM, ANY CERTIFICATE ISSUED TO
AN INDIVIDUAL UNDER ANY GROUP OR BLANKET POLICY OR CONTRACT DELIVERED OR
ISSUED FOR DELIVERY IN THIS STATE SHALL BE CONSIDERED TO HAVE BEEN
DELIVERED OR ISSUED FOR DELIVERY IN THIS STATE;
(II) the state or states in which the person resides has or have a
guaranty entity similar to the corporation created by this article; and
(III) the person is not eligible for coverage by a guaranty entity in
any other state because the insurer was not licensed or authorized in
that state at the time specified in that state's guaranty entity law;
[or]
(B) the beneficiary, assignee, or payee of the person specified in
subparagraph (A) of this paragraph, regardless of where the person
resides; OR
(C) A HEALTH CARE PROVIDER THAT HAS RENDERED SERVICES TO A PERSON
SPECIFIED IN SUBPARAGRAPH (A) OF THIS PARAGRAPH.
§ 6. Subsections (c), (d), (e), (h), and (i) of section 7705 of the
insurance law, subsections (c), (e) and (i) as added by chapter 802 of
the laws of 1985 and subsections (d) and (h) as amended by chapter 454
of the laws of 2014, are amended and a new subsection (m) is added to
read as follows:
(c) "Corporation" means The Life AND HEALTH Insurance Company Guaranty
Corporation of New York created under section seven thousand seven
hundred six of this article unless the context otherwise requires.
(d) "Covered policy" means any of the kinds of insurance specified in
paragraph one, two or three of subsection (a) of section one thousand
one hundred thirteen of this chapter, any supplemental contract, or any
funding agreement referred to in section three thousand two hundred
twenty-two of this chapter, or any portion or part thereof, within the
scope of this article under section seven thousand seven hundred three
of this article, except that any certificate issued to an individual
under any group OR BLANKET policy or contract shall be considered to be
a separate covered policy for purposes of section seven thousand seven
hundred eight of this article.
(e) "Health insurance" means the kinds of insurance specified under
items (i) and (ii) of paragraph three AND PARAGRAPH THIRTY-ONE of
subsection (a) of section one thousand one hundred thirteen of this
chapter, AND SECTION ONE THOUSAND ONE HUNDRED SEVENTEEN OF THIS CHAPTER;
MEDICAL EXPENSE INDEMNITY, DENTAL EXPENSE INDEMNITY, HOSPITAL SERVICE,
OR HEALTH SERVICE UNDER ARTICLE FORTY-THREE OF THIS CHAPTER; AND COMPRE-
HENSIVE HEALTH SERVICES UNDER ARTICLE FORTY-FOUR OF THE PUBLIC HEALTH
LAW. "HEALTH INSURANCE" SHALL NOT INCLUDE HOSPITAL, MEDICAL, SURGICAL,
PRESCRIPTION DRUG, OR OTHER HEALTH CARE BENEFITS PURSUANT TO: (1) PART
C OF TITLE XVIII OF THE SOCIAL SECURITY ACT (42 U.S.C. § 1395W-21 ET
SEQ.) OR PART D OF TITLE XVIII OF THE SOCIAL SECURITY ACT (42 U.S.C. §
1395W-101 ET SEQ.), COMMONLY KNOWN AS MEDICARE PARTS C AND D, OR ANY
REGULATIONS PROMULGATED THEREUNDER; (2) TITLES XIX AND XXI OF THE SOCIAL
SECURITY ACT (42 U.S.C. § 1396 ET SEQ.), COMMONLY KNOWN AS THE MEDICAID
AND CHILD HEALTH INSURANCE PROGRAMS, OR ANY REGULATIONS PROMULGATED
S. 4007--A 231 A. 3007--A
THEREUNDER; OR (3) THE BASIC HEALTH PROGRAM UNDER SECTION THREE HUNDRED
SIXTY-NINE-GG OF THE SOCIAL SERVICES LAW.
(h) (1) "Member insurer" means:
(A) any life insurance company licensed to transact in this state any
kind of insurance to which this article applies under section seven
thousand seven hundred three of this article; provided, however, that
the term "member insurer" also means any life insurance company formerly
licensed to transact in this state any kind of insurance to which this
article applies under section seven thousand seven hundred three of this
article; AND
(B) AN INSURER LICENSED OR FORMERLY LICENSED TO WRITE ACCIDENT AND
HEALTH INSURANCE OR SALARY PROTECTION INSURANCE IN THIS STATE, CORPO-
RATION ORGANIZED PURSUANT TO ARTICLE FORTY-THREE OF THIS CHAPTER, RECIP-
ROCAL INSURER ORGANIZED PURSUANT TO ARTICLE SIXTY-ONE OF THIS CHAPTER,
COOPERATIVE PROPERTY/CASUALTY INSURANCE COMPANY OPERATING UNDER OR
SUBJECT TO ARTICLE SIXTY-SIX OF THIS CHAPTER, NONPROFIT
PROPERTY/CASUALTY INSURANCE COMPANY ORGANIZED PURSUANT TO ARTICLE
SIXTY-SEVEN OF THIS CHAPTER, AND HEALTH MAINTENANCE ORGANIZATION CERTI-
FIED PURSUANT TO ARTICLE FORTY-FOUR OF THE PUBLIC HEALTH LAW, WHICH IS
NOT A MEMBER OF, OR PARTICIPANT IN, THE FUND OR CORPORATION CREATED
PURSUANT TO ARTICLE SEVENTY-FIVE OR SEVENTY-SEVEN OF THIS CHAPTER.
(2) "MEMBER INSURER" SHALL NOT INCLUDE A MUNICIPAL COOPERATIVE HEALTH
BENEFIT PLAN ESTABLISHED PURSUANT TO ARTICLE FORTY-SEVEN OF THIS CHAP-
TER, AN EMPLOYEE WELFARE FUND REGISTERED UNDER ARTICLE FORTY-FOUR OF
THIS CHAPTER, A FRATERNAL BENEFIT SOCIETY ORGANIZED UNDER ARTICLE
FORTY-FIVE OF THIS CHAPTER, AN INSTITUTION OF HIGHER EDUCATION WITH A
CERTIFICATE OF AUTHORITY UNDER SECTION ONE THOUSAND ONE HUNDRED TWENTY-
FOUR OF THIS CHAPTER, OR A CONTINUING CARE RETIREMENT COMMUNITY WITH A
CERTIFICATE OF AUTHORITY UNDER ARTICLE FORTY-SIX OR FORTY-SIX-A OF THE
PUBLIC HEALTH LAW.
(i) "Premiums" means direct gross insurance premiums and annuity and
funding agreement considerations received on covered policies, less
return premiums and considerations thereon and dividends paid or credit-
ed to policyholders OR CONTRACT HOLDERS on such direct business, subject
to such modifications as the superintendent may establish by regulation
or order as necessary to facilitate the equitable administration of this
article. Premiums do not include premiums and considerations on
contracts between insurers and reinsurers. For the purposes of determin-
ing the assessment for an insurer under this article, the term "premi-
ums", with respect to a group annuity contract (or portion of any such
contract) that does not guarantee annuity benefits to any specific indi-
vidual identified in the contract and with respect to any funding agree-
ment issued to fund benefits under any employee benefit plan, means the
lesser of one million dollars or the premium attributable to that
portion of such group contract that does not guarantee benefits to any
specific individuals or such agreements that fund benefits under any
employee benefit plan.
(M) "LONG-TERM CARE INSURANCE" MEANS AN INSURANCE POLICY, RIDER, OR
CERTIFICATE ADVERTISED, MARKETED, OFFERED, OR DESIGNED TO PROVIDE COVER-
AGE, SUBJECT TO ELIGIBILITY REQUIREMENTS, FOR NOT LESS THAN TWENTY-FOUR
CONSECUTIVE MONTHS FOR EACH COVERED PERSON ON AN EXPENSE INCURRED,
INDEMNITY, PREPAID OR OTHER BASIS AND PROVIDES AT LEAST THE BENEFITS SET
FORTH IN PART FIFTY-TWO OF TITLE ELEVEN OF THE OFFICIAL COMPILATION OF
CODES, RULES AND REGULATIONS OF THIS STATE.
§ 7. Subsection (a) of section 7706 of the insurance law, as added by
chapter 802 of the laws of 1985, is amended to read as follows:
S. 4007--A 232 A. 3007--A
(a) There is created a not-for-profit corporation to be known as "The
Life AND HEALTH Insurance Company Guaranty Corporation of New York". To
the extent that the provisions of the not-for-profit corporation law do
not conflict with the provisions of this article or the plan of opera-
tion of the corporation hereunder the not-for-profit corporation law
shall apply to the corporation and the corporation shall be a type C
corporation pursuant to the not-for-profit corporation law. If an appli-
cable provision of this article or the plan of operation of the corpo-
ration hereunder relates to a matter embraced in a provision of the
not-for-profit corporation law but is not in conflict therewith, both
provisions shall apply. All member insurers shall be and remain members
of the corporation as a condition of their authority to transact insur-
ance in this state. The corporation shall perform its functions under
the plan of operation established and approved under section seven thou-
sand seven hundred ten of this article and shall exercise its powers
through a board of directors established under section seven thousand
seven hundred seven of this article. For purposes of administration and
assessment the corporation shall maintain two accounts:
(1) the health insurance account; and
(2) the life insurance, annuity and funding agreement account.
§ 8. Subsection (d) of section 7707 of the insurance law, as added by
chapter 802 of the laws of 1985, is amended to read as follows:
(d) The superintendent shall be ex-officio [chairman] CHAIR of the
board of directors but shall not be entitled to vote.
§ 9. Paragraph 7 of subsection (h) of section 7708 of the insurance
law, as amended by chapter 454 of the laws of 2014, is amended to read
as follows:
(7) exercise, for the purposes of this article and to the extent
approved by the superintendent, the powers of a domestic life, HEALTH,
OR PROPERTY/CASUALTY insurance company, but in no case may the corpo-
ration issue insurance policies OR CONTRACTS or annuity contracts other
than those issued to perform the contractual obligations of the impaired
or insolvent insurer;
§ 10. Paragraph 2 of subsection (c) of section 7709 of the insurance
law, as added by chapter 802 of the laws of 1985, is amended to read as
follows:
(2) The amount of any class B or class C assessment, EXCEPT FOR
ASSESSMENTS RELATED TO LONG-TERM CARE INSURANCE, shall be allocated for
assessment purposes among the accounts in the proportion that the premi-
ums received by the impaired or insolvent insurer on the policies or
contracts covered by each account for the last calendar year preceding
the assessment in which the impaired or insolvent insurer received
premiums bears to the premiums received by such insurer for such calen-
dar year on all covered policies. THE AMOUNT OF ANY CLASS B OR CLASS C
ASSESSMENT FOR LONG-TERM CARE INSURANCE WRITTEN BY THE IMPAIRED OR
INSOLVENT INSURER SHALL BE ALLOCATED ACCORDING TO A METHODOLOGY INCLUDED
IN THE PLAN OF OPERATION AND APPROVED BY THE SUPERINTENDENT. THE METH-
ODOLOGY SHALL PROVIDE FOR FIFTY PERCENT OF THE ASSESSMENT TO BE ALLO-
CATED TO A HEALTH INSURANCE COMPANY MEMBER INSURER AND FIFTY PERCENT TO
BE ALLOCATED TO A LIFE INSURANCE COMPANY MEMBER INSURER; PROVIDED,
HOWEVER, THAT A PROPERTY/CASUALTY INSURER THAT WRITES HEALTH INSURANCE
SHALL BE CONSIDERED A HEALTH INSURANCE COMPANY MEMBER FOR THIS PURPOSE.
Class B and class C assessments against member insurers for each account
shall be in the proportion that the premiums received on business in
this state by each assessed member insurer on policies covered by each
account for the three calendar years preceding the assessment bears to
S. 4007--A 233 A. 3007--A
such premiums received on business in this state for such calendar years
by all assessed member insurers.
§ 11. Subsection (a) of section 7712 of the insurance law, as added
by chapter 802 of the laws of 1985, is amended to read as follows:
(a) The superintendent shall annually, within six months following the
close of each calendar year, furnish to the commissioner of taxation and
finance and the director of the division of the budget a statement of
operations for the life insurance guaranty corporation and the life AND
HEALTH insurance company guaranty corporation of New York. Such state-
ment shall show the assessments, less any refunds or reimbursements
thereof, paid by each insurance company pursuant to the provisions of
article seventy-five or section seven thousand seven hundred nine of
this article, for the purposes of meeting the requirements of this chap-
ter. Each statement, starting with the statement furnished in the year
nineteen hundred eighty-six and ending with the statement furnished in
the year two thousand, shall show the annual activity for every year
commencing from nineteen hundred eighty-five through the most recently
completed year. Each statement furnished in each year after the year two
thousand shall reflect such assessments paid during the preceding
fifteen calendar years. The superintendent shall also furnish a copy of
such statement to each such insurance company.
§ 12. Subsections (a), (d), and (g) of section 7719 of the insurance
law, as added by chapter 454 of the laws of 2014, are amended to read as
follows:
(a) The corporation may incorporate one or more not-for-profit corpo-
rations, known as a resolution facility, in connection with the liqui-
dation of an insolvent domestic life insurance company, HEALTH INSURANCE
COMPANY, OR PROPERTY/CASUALTY INSURANCE COMPANY under article seventy-
four of this chapter for the purpose of administering and disposing of
the business of the insolvent [domestic life] insurance company.
(d) A resolution facility may:
(1) guarantee, assume, or reinsure, or cause to be guaranteed,
assumed, or reinsured, the covered policies, or arrange for replacement
by policies found by the superintendent to be substantially similar to
the covered policies;
(2) exercise, for the purposes of this article and to the extent
approved by the superintendent, the powers of a domestic life insurance
company, HEALTH INSURANCE COMPANY, OR PROPERTY/CASUALTY INSURANCE COMPA-
NY but in no case may the resolution facility issue insurance policies,
annuity contracts, funding agreements, or supplemental contracts other
than those issued to perform the contractual obligations of the impaired
or insolvent insurer;
(3) assure payment of the contractual obligations of the insolvent
insurer; and
(4) provide such moneys, pledges, notes, guarantees, or other means as
are reasonably necessary to discharge its duties.
(g) (1) If the superintendent determines that the resolution facility
is not administering and disposing of the business of an insolvent
domestic life insurance company, HEALTH INSURANCE COMPANY, OR
PROPERTY/CASUALTY INSURANCE COMPANY consistent with the resolution
facility's certificate of incorporation, plan of operation, or this
section, then the superintendent shall provide notice to the resolution
facility and the resolution facility shall have thirty days to respond
to the superintendent and cure the defect.
(2) If, after thirty days, the superintendent continues to believe
that the resolution facility is not administering and disposing of the
S. 4007--A 234 A. 3007--A
business of an insolvent domestic life insurance company, HEALTH INSUR-
ANCE COMPANY, OR PROPERTY/CASUALTY INSURANCE COMPANY consistent with the
resolution facility's certificate of incorporation, plan of operation,
or this section, then the superintendent may apply to the court for an
order directing the resolution facility to correct the defect or take
other appropriate actions.
§ 13. The insurance law is amended by adding a new section 7720 to
read as follows:
§ 7720. PENALTIES. (A) IF ANY MEMBER INSURER FAILS TO MAKE ANY PAYMENT
REQUIRED BY THIS ARTICLE, OR IF THE SUPERINTENDENT HAS CAUSE TO BELIEVE
THAT ANY OTHER STATEMENT FILED IS FALSE OR INACCURATE IN ANY PARTICULAR,
OR THAT ANY PAYMENT MADE IS INCORRECT, THE SUPERINTENDENT MAY EXAMINE
ALL THE BOOKS AND RECORDS OF THE MEMBER INSURER TO ASCERTAIN THE FACTS
AND DETERMINE THE CORRECT AMOUNT TO BE PAID. BASED ON SUCH FINDING, THE
CORPORATION MAY PROCEED IN ANY COURT OF COMPETENT JURISDICTION TO
RECOVER FOR THE BENEFIT OF THE FUND ANY SUMS SHOWN TO BE DUE UPON SUCH
EXAMINATION AND DETERMINATION.
(B) ANY MEMBER INSURER THAT FAILS TO MAKE ANY SUCH REQUIRED STATEMENT,
OR TO MAKE ANY PAYMENT TO THE FUND WHEN DUE, SHALL FORFEIT TO THE CORPO-
RATION FOR DEPOSIT IN THE FUND A PENALTY OF FIVE PERCENT OF THE AMOUNT
DETERMINED TO BE DUE PLUS ONE PERCENT OF SUCH AMOUNT FOR EACH MONTH OF
DELAY, OR FRACTION THEREOF, AFTER THE EXPIRATION OF THE FIRST MONTH OF
SUCH DELAY. IF SATISFIED THAT THE DELAY WAS EXCUSABLE, THE CORPORATION
MAY REMIT ALL OR ANY PART OF THE PENALTY.
(C) THE SUPERINTENDENT, IN THE SUPERINTENDENT'S DISCRETION, MAY REVOKE
THE CERTIFICATE OF AUTHORITY TO DO BUSINESS IN THIS STATE OF ANY FOREIGN
MEMBER INSURER THAT FAILS TO COMPLY WITH THIS ARTICLE OR TO PAY ANY
PENALTY IMPOSED HEREUNDER.
§ 14. The insurance law is amended by adding a new section 3245 to
read as follows:
§ 3245. LIABILITY TO PROVIDERS IN THE EVENT OF AN INSOLVENCY. IN THE
EVENT AN INSURANCE COMPANY AUTHORIZED TO DO AN ACCIDENT AND HEALTH
INSURANCE BUSINESS IN THIS STATE IS DEEMED INSOLVENT, AS PROVIDED IN
SECTION ONE THOUSAND THREE HUNDRED NINE OF THIS CHAPTER, NO INSURED
COVERED UNDER A POLICY DELIVERED OR ISSUED FOR DELIVERY IN THIS STATE BY
THE INSURANCE COMPANY SHALL BE LIABLE TO ANY PROVIDER OF HEALTH CARE
SERVICES FOR ANY COVERED SERVICES OF THE INSOLVENT INSURANCE COMPANY. NO
PROVIDER OF HEALTH CARE SERVICES OR ANY REPRESENTATIVE OF SUCH PROVIDER
SHALL COLLECT OR ATTEMPT TO COLLECT FROM THE INSURED SUMS OWED BY SUCH
INSURANCE COMPANY, AND NO PROVIDER OR REPRESENTATIVE OF SUCH PROVIDER
MAY MAINTAIN ANY ACTION AT LAW AGAINST AN INSURED TO COLLECT SUMS OWED
TO SUCH PROVIDER BY SUCH INSURANCE COMPANY.
§ 15. This act shall take effect immediately.
§ 2. Severability clause. If any clause, sentence, paragraph, subdivi-
sion, section or part of this act shall be adjudged by any court of
competent jurisdiction to be invalid, such judgment shall not affect,
impair, or invalidate the remainder thereof, but shall be confined in
its operation to the clause, sentence, paragraph, subdivision, section
or part thereof directly involved in the controversy in which such judg-
ment shall have been rendered. It is hereby declared to be the intent of
the legislature that this act would have been enacted even if such
invalid provisions had not been included herein.
§ 3. This act shall take effect immediately; provided, however, that
the applicable effective date of Subparts A through D of this act shall
be as specifically set forth in the last section of such Subparts.
S. 4007--A 235 A. 3007--A
PART Z
Section 1. Subdivisions 7 and 8 of section 4656 of the public health
law, as added by chapter 2 of the laws of 2004, are renumbered subdivi-
sions 8 and 9 and a new subdivision 7 is added to read as follows:
7. ASSISTED LIVING QUALITY IMPROVEMENT STANDARDS. (A) ALL ASSISTED
LIVING RESIDENCES, AS DEFINED IN SUBDIVISION ONE OF SECTION FORTY-SIX
HUNDRED FIFTY-ONE OF THIS ARTICLE, INCLUDING THOSE LICENSED AND CERTI-
FIED AS AN ASSISTED LIVING RESIDENCE, SPECIAL NEEDS ASSISTED LIVING
RESIDENCE, OR ENHANCED ASSISTED LIVING RESIDENCE, SHALL:
(I) REPORT ANNUALLY ON QUALITY MEASURES TO BE ESTABLISHED BY THE
DEPARTMENT, IN THE FORM AND FORMAT PRESCRIBED BY THE DEPARTMENT, WITH
THE FIRST REPORT DUE NO LATER THAN JANUARY THIRTY-FIRST, TWO THOUSAND
TWENTY-FOUR; AND
(II) POST THE MONTHLY SERVICE RATE, STAFFING COMPLEMENT, APPROVED
ADMISSION OR RESIDENCY AGREEMENT, AND A CONSUMER-FRIENDLY SUMMARY OF ALL
SERVICE FEES IN A CONSPICUOUS PLACE ON THE FACILITY'S WEBSITE AND IN A
PUBLIC SPACE WITHIN THE FACILITY. SUCH INFORMATION SHALL BE MADE AVAIL-
ABLE TO THE PUBLIC ON FORMS DEVELOPED BY THE DEPARTMENT. BEGINNING ON
JANUARY FIRST, TWO THOUSAND TWENTY-FOUR, THIS INFORMATION SHALL ALSO BE
REPORTED TO THE DEPARTMENT.
(B) THE DEPARTMENT SHALL SCORE THE RESULTS OF THE ASSISTED LIVING
QUALITY REPORTING OBTAINED PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVI-
SION. TOP SCORING FACILITIES SHALL BE GRANTED THE CLASSIFICATION OF
ADVANCED STANDING ON THEIR ANNUAL SURVEILLANCE SCHEDULES.
(I) NOTWITHSTANDING SUBPARAGRAPH ONE OF PARAGRAPH (A) OF SUBDIVISION
TWO OF SECTION FOUR HUNDRED SIXTY-ONE-A OF THE SOCIAL SERVICES LAW,
FACILITIES ACHIEVING AN ADVANCED STANDING CLASSIFICATION SHALL BE
SURVEYED EVERY TWELVE TO EIGHTEEN MONTHS. ALL OTHER FACILITIES SHALL BE
SURVEYED ON AN UNANNOUNCED BASIS NO LESS THAN ANNUALLY; PROVIDED, HOWEV-
ER, THAT THIS SHALL NOT APPLY TO SURVEYS, INSPECTIONS OR INVESTIGATIONS
BASED ON COMPLAINTS RECEIVED BY THE DEPARTMENT UNDER ANY OTHER PROVISION
OF LAW.
(II) FACILITIES MAY REMAIN ON ADVANCED STANDING CLASSIFICATION
PROVIDED THEY MEET THE SCORING REQUIREMENTS IN ASSISTED LIVING QUALITY
REPORTING.
(C) (I) EFFECTIVE JANUARY THIRTY-FIRST, TWO THOUSAND TWENTY-FOUR, THE
DEPARTMENT MAY POST ON ITS WEBSITE THE RESULTS OF THE ASSISTED LIVING
QUALITY REPORTING, COLLECTED PURSUANT TO SUBPARAGRAPH (I) OF PARAGRAPH
(A) OF THIS SUBDIVISION.
§ 2. Subparagraph 1 of paragraph (a) of subdivision 2 of section 461-a
of the social services law, as amended by chapter 735 of the laws of
1994, is amended and a new subparagraph (1-a) is added to read as
follows:
(1) Such facilities receiving the department's highest rating shall be
inspected at least once every eighteen months on an unannounced basis.
SUCH RATING DETERMINATION SHALL BE MADE PURSUANT TO AN EVALUATION OF
QUALITY INDICATORS AS DEVELOPED BY THE DEPARTMENT AND PUBLISHED ON THE
DEPARTMENT'S WEBSITE.
(1-A) (I) ADULT CARE FACILITIES DUALLY LICENSED TO PROVIDE ASSISTED
LIVING PURSUANT TO THE REQUIREMENTS SPECIFIED IN SECTION FORTY-SIX
HUNDRED FIFTY-THREE OF THE PUBLIC HEALTH LAW MAY SEEK ACCREDITATION BY
ONE OR MORE NATIONALLY RECOGNIZED ACCREDITING AGENCIES DETERMINED BY THE
COMMISSIONER.
(II) SUCH ACCREDITATION AGENCIES SHALL REPORT DATA AND INFORMATION, IN
A MANNER AND FORM AS DETERMINED BY THE DEPARTMENT, PERTAINING TO THOSE
S. 4007--A 236 A. 3007--A
ASSISTED LIVING RESIDENCES ACCREDITED BY SUCH AGENCIES, THOSE ASSISTED
LIVING RESIDENCES THAT SEEK BUT DO NOT RECEIVE SUCH ACCREDITATION, AND
THOSE ASSISTED LIVING RESIDENCES WHICH OBTAIN BUT LOSE SUCH ACCREDI-
TATION.
(III) NOTWITHSTANDING THE PROVISIONS OF SUBPARAGRAPH ONE OF THIS PARA-
GRAPH, OR ANY OTHER PROVISION OF LAW, ASSISTED LIVING RESIDENCES WHICH
HAVE OBTAINED ACCREDITATION FROM A NATIONALLY RECOGNIZED ACCREDITATION
ORGANIZATION APPROVED BY THE DEPARTMENT AND WHICH MEET ELIGIBILITY
CRITERIA, AS DETERMINED BY THE DEPARTMENT, MAY, AT THE DISCRETION OF THE
COMMISSIONER, BE EXEMPT FROM DEPARTMENT INSPECTION REQUIRED IN THIS
SUBDIVISION FOR THE DURATION THEY MAINTAIN THEIR ACCREDITATION IN GOOD
STANDING. THE OPERATOR OF AN ADULT CARE FACILITY THAT OBTAINS BUT SUBSE-
QUENTLY LOSES ACCREDITATION SHALL REPORT SUCH LOSS TO THE DEPARTMENT
WITHIN TEN BUSINESS DAYS IN A MANNER AND FORM DETERMINED BY THE DEPART-
MENT AND WILL NO LONGER BE EXEMPT FROM THE DEPARTMENT INSPECTION
REQUIRED IN THIS SUBDIVISION. THE DEPARTMENT SHALL POST ON ITS WEBSITE A
LIST OF ALL ACCREDITED ASSISTED LIVING RESIDENCES.
§ 3. This act shall take effect on the one hundred twentieth day after
it shall have become a law.
PART AA
Section 1. Section 3 of chapter 425 of the laws of 2013, amending the
public health law relating to requiring hospitals to offer hepatitis C
testing, as amended by chapter 284 of the laws of 2019, is amended to
read as follows:
§ 3. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law [and shall expire and
be deemed repealed January 1, 2026; provided, however, that the commis-
sioner of health is authorized to adopt rules and regulations necessary
to implement this act prior to such effective date].
§ 2. Subdivisions 1 and 2 of section 2171 of the public health law, as
added by chapter 425 of the laws of 2013, are amended to read as
follows:
1. Every individual [born between the years of nineteen hundred
forty-five and nineteen hundred sixty-five] AGE EIGHTEEN AND OLDER (OR
YOUNGER THAN EIGHTEEN IF THERE IS EVIDENCE OR INDICATION OF RISK ACTIV-
ITY) who receives health services as an inpatient OR in THE EMERGENCY
DEPARTMENT OF a general hospital defined in subdivision ten of section
twenty-eight hundred one of this chapter or who receives primary care
services in an outpatient department of such hospital or in a diagnostic
and treatment center licensed under article twenty-eight of this chapter
or from a physician, physician assistant [or], nurse practitioner OR
MIDWIFE providing primary care shall be offered a hepatitis C screening
test [or hepatitis C diagnostic test] unless the health care practition-
er providing such services reasonably believes that:
(a) the individual is being treated for a life threatening emergency;
or
(b) the individual has previously been offered or has been the subject
of a hepatitis C screening test (except that a test shall be offered if
otherwise indicated); or
(c) the individual lacks capacity to consent to a hepatitis C screen-
ing test.
2. If an individual accepts the offer of a hepatitis C screening test
and the screening test is reactive, [the] AN HCV RNA TEST MUST BE
PERFORMED, ON THE SAME SPECIMEN OR A SECOND SPECIMEN COLLECTED AT THE
S. 4007--A 237 A. 3007--A
SAME TIME AS THE INITIAL HCV SCREENING TEST SPECIMEN, TO CONFIRM DIAGNO-
SIS OF CURRENT INFECTION. THE health care provider shall either offer
[the individual] ALL PERSONS WITH A DETECTABLE HCV RNA TEST follow-up
HCV health care AND TREATMENT or refer the individual to a health care
provider who can provide follow-up HCV health care AND TREATMENT. [The
follow-up health care shall include a hepatitis C diagnostic test.]
§ 3. The public health law is amended by adding a new section 2500-l
to read as follows:
§ 2500-L. PREGNANT PEOPLE, BLOOD TEST FOR HEPATITIS C VIRUS (HCV);
FOLLOW-UP CARE. 1. EVERY PHYSICIAN OR OTHER AUTHORIZED PRACTITIONER
ATTENDING A PREGNANT PERSON IN THE STATE SHALL ORDER A HEPATITIS C VIRUS
(HCV) SCREENING TEST AND IF THE TEST IS REACTIVE, AN HCV RNA TEST MUST
BE PERFORMED ON THE SAME SPECIMEN, OR A SECOND SPECIMEN COLLECTED AT THE
SAME TIME AS THE INITIAL HCV SCREENING TEST SPECIMEN, TO CONFIRM DIAGNO-
SIS OF CURRENT INFECTION. THE HEALTH CARE PROVIDER SHALL EITHER OFFER
ALL PERSONS WITH A DETECTABLE HCV RNA TEST FOLLOW-UP HCV HEALTH CARE AND
TREATMENT OR REFER THE INDIVIDUAL TO A HEALTH CARE PROVIDER WHO CAN
PROVIDE FOLLOW-UP HCV HEALTH CARE AND TREATMENT.
2. THE PHYSICIAN OR OTHER AUTHORIZED PRACTITIONER ATTENDING A PREGNANT
PERSON SHALL RECORD THE HCV TEST RESULTS PROMINENTLY IN THE PREGNANT
PERSON'S MEDICAL RECORD AT OR BEFORE THE TIME OF HOSPITAL ADMISSION FOR
DELIVERY.
3. THE COMMISSIONER MAY PROMULGATE SUCH RULES AND REGULATIONS AS ARE
NECESSARY TO CARRY OUT THE REQUIREMENTS OF THIS SECTION.
§ 4. The section heading of section 2308 of the public health law, as
amended by section 37 of part E of chapter 56 of the laws of 2013, is
amended to read as follows:
Sexually transmitted disease; pregnant [women] PERSONS; blood test for
syphilis.
§ 5. Subdivision 1 of section 2308 of the public health law is amended
to read as follows:
1. Every physician OR OTHER AUTHORIZED PRACTITIONER attending pregnant
[women] PERSONS in the state shall in the case of every [woman] PERSON
so attended take or cause to be taken a sample of blood of such [woman]
PERSON at the time of first examination, and submit such sample to an
approved laboratory for a standard serological test for syphilis. IN
ADDITION TO TESTING AT THE TIME OF FIRST EXAMINATION, EVERY SUCH PHYSI-
CIAN OR OTHER AUTHORIZED PRACTITIONER SHALL ORDER A SYPHILIS TEST DURING
THE THIRD TRIMESTER OF PREGNANCY CONSISTENT WITH ANY GUIDANCE AND REGU-
LATIONS ISSUED BY THE COMMISSIONER.
§ 6. This act shall take effect immediately; provided, however that
sections two, three, four and five shall take effect one year after it
shall have become a law. 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 to be made and
completed on or before such effective date.
PART BB
Section 1. Paragraphs 59 and 61 of subdivision (b) of schedule I of
section 3306 of the public health law, as added by section 2 of part CC
of chapter 56 of the laws of 2020, are amended and 30 new paragraphs 71,
72, 73, 74, 75, 76, 77, 78, 79, 80, 81, 82, 83, 84, 85, 86, 87, 88, 89,
90, 91, 92, 93, 94, 95, 96, 97, 98, 99 and 100 are added to read as
follows:
S. 4007--A 238 A. 3007--A
(59) [N-{1-{2-hydroxy-2-(thiophen-2-yl)ethyl}piperidin-4-yl}-N-phenylp-
ropionamide] N-{1-{2-HYDROXY-2-(THIOPHEN-2-YL)ETHYL}PIPERIDIN-4-YL}-N-
PHENYL PROPIONAMIDE. Other name: Beta-Hydroxythiofentanyl.
(61) [3,4-Dichloro-N-{2-(dimethylamino)cyclohexyl}-N-methylbenzamide]
3,4-DICHLORO-N-{2-(DIMETHYLAMINO)CYCLOHEXYL}-N-METHYLBENZAMIDE. Other
name: U-47700.
(71) N-(1-PHENETHYLPIPERIDIN-4-YL)-N-PHENYLPENTANAMIDE. OTHER NAME:
VALERYL FENTANYL.
(72) N-(4-METHOXYPHENYL)-N-(1-PHENETHYLPIPERIDIN-4-YL)BUTYRAMIDE.
OTHER NAME: PARA-METHOXYBUTYRYL FENTANYL.
(73) N-(4-CHLOROPHENYL)-N-(1-PHENETHYLPIPERIDIN-4-YL)ISOBUTYRAMIDE.
OTHER NAME: PARA-CHLOROISOBUTYRYL FENTANYL.
(74) N-(1-PHENETHYLPIPERIDIN-4-YL)-N-PHENYLISOBUTYRAMIDE. OTHER NAME:
ISOBUTYRYL FENTANYL.
(75) N-(1-PHENETHYLPIPERIDIN-4-YL)-N-PHENYLCYCLOPENTANECARBOXAMIDE.
OTHER NAME: CYCLOPENTYL FENTANYL.
(76) (E)-N-(1-PHENETHYLPIPERIDIN-4-YL)-N-PHENYLBUT-2-ENAMIDE. OTHER
NAME: CROTONYL FENTANYL.
(77) N-(1-(2-FLUOROPHENETHYL)PIPERIDIN-4-YL)-N-(2-FLUOROPHENYL)
PROPIONAMIDE. OTHER NAMES: 2'-FLUORO ORTHO-FLUOROFENTANYL; 2'-FLUORO
2-FLUOROFENTANYL.
(78) N-(2-METHYLPHENYL)-N-(1-PHENETHYLPIPERIDIN-4-YL)ACETAMIDE. OTHER
NAMES: ORTHO-METHYL ACETYLFENTANYL; 2-METHYL ACETYLFENTANYL.
(79) N-(1-PHENETHYLPIPERIDIN-4-YL)-N, 3-DIPHENYLPROPANAMIDE. OTHER
NAMES: BETA'-PHENYL FENTANYL; BETA'-PHENYL FENTANYL; 3-PHENYLPROPANOYL
FENTANYL.
(80) N-(1-PHENETHYLPIPERIDIN-4-YL)-N-PHENYLTHIOPHENE-2-CARBOXAMIDE.
OTHER NAMES: THIOFURANYL FENTANYL; 2-THIOFURANYL FENTANYL; THIOPHENE
FENTANYL.
(81) N-PHENYL-N-(1-(2-PHENYLPROPYL)PIPERIDIN-4-YL)PROPIONAMIDE. OTHER
NAMES: BETA-METHYL FENTANYL; BETA-METHYL FENTANYL.
(82) N-(2-FLUOROPHENYL)-N-(1-PHENETHYLPIPERIDIN-4-YL)BUTYRAMIDE.
OTHER NAMES: ORTHO-FLUOROBUTYRYL FENTANYL; 2-FLUOROBUTYRYL FENTANYL.
(83) N-(1-(4-METHYLPHENETHYL)PIPERIDIN-4-YL)-N-PHENYLACETAMIDE. OTHER
NAME: 4'-METHYL ACETYL FENTANYL.
(84) 2-METHOXY-N-(2-METHYLPHENYL)-N-(1-PHENETHYLPIPERIDIN-4-YL)ACETAMIDE.
OTHER NAMES: ORTHO-METHYL METHOXYACETYLFENTANYL; 2-METHYL METHOXYACETYL
FENTANYL.
(85) N-(4-METHYLPHENYL)-N-(1-PHENETHYLPIPERIDIN-4-YL)PROPIONAMIDE.
OTHER NAMES: PARA-METHYLFENTANYL; 4-METHYLFENTANYL.
(86) N-(1-PHENETHYLPIPERIDIN-4-YL)-N-PHENYLBENZAMIDE. OTHER NAMES:
PHENYL FENTANYL; BENZOYL FENTANYL.
(87) ETHYL (1-PHENETHYLPIPERIDIN-4-YL)(PHENYL)CARBAMATE. OTHER NAME:
FENTANYL CARBAMATE.
(88) N-(2-FLUOROPHENYL)-N-(1-PHENETHYLPIPERIDIN-4-YL)ACRYLAMIDE.
OTHER NAME: ORTHO-FLUOROACRYL FENTANYL.
(89) N-(2-FLUOROPHENYL)-N-(1-PHENETHYLPIPERIDIN-4-YL)ISOBUTYRAMIDE.
OTHER NAME: ORTHO-FLUOROISOBUTYRYL FENTANYL.
(90) N-(4-FLUOROPHENYL)-N-(1-PHENETHYLPIPERIDIN-4-YL)FURAN-2-CARBOXAMIDE.
OTHER NAME: PARA-FLUORO FURANYL FENTANYL.
(91) N,N-DIETHYL-2-(2-(4-ISOPROPOXYBENZYL)-5-NITRO-1H-BENZIMIDAZOL-1-YL)
ETHAN-1-AMINE. OTHER NAME: ISOTONITAZENE.
(92) 1-(1-(1-(4-BROMOPHENYL)ETHYL)PIPERIDIN-4-YL)-1,3-DIHYDRO-2H-
BENZO[d]IMIDAZOL-2-ONE. OTHER NAMES: BRORPHINE; 1-[1-[1-(4-bromophenyl)
ethyl]-4-piperidinyl]-1,3-DIHYDRO-2H-BENZIMIDAZOL-2-ONE.
S. 4007--A 239 A. 3007--A
(93) 2-(2-(4-BUTOXYBENZYL)-5-NITRO-1H-BENZIMIDAZOL-1-YL)-N,N-DIETHYLETHAN
-1-AMINE. OTHER NAME: BUTONITAZENE.
(94) 2-(2-(4-ETHOXYBENZYL)-1H-BENZIMIDAZOL-1-YL)-N,N-DIETHYLETHAN-1-AMINE.
OTHER NAMES: ETODESNITAZENE; ETAZENE.
(95) N,N-DIETHYL-2-(2-(4-FLUOROBENZYL)-5-NITRO-1H-BENZIMIDAZOL-1-YL)ETHAN-
1-AMINE. OTHER NAME: FLUNITAZENE.
(96) N,N-DIETHYL-2-(2-(4-METHOXYBENZYL)-1H-BENZIMIDAZOL-1-YL)ETHAN-1-
AMINE. OTHER NAME: METODESNITAZENE.
(97) N,N-DIETHYL-2-(2-(4-METHOXYBENZYL)-5-NITRO-1H-BENZIMIDAZOL-1-YL)
ETHAN-1-AMINE. OTHER NAME: METONITAZENE.
(98) 2-(4-ETHOXYBENZYL)-5-NITRO-1-(2-(PYRROLIDIN-1-YL)ETHYL)-1H-
BENZIMIDAZOLE. OTHER NAMES: N-PYRROLIDINO ETONITAZENE; ETONITAZEPYNE.
(99) N,N-DIETHYL-2-(5-NITRO-2-(4-PROPOXYBENZYL)-1H-BENZIMIDAZOL-1-YL)
ETHAN-1-AMINE. OTHER NAME: PROTONITAZENE.
(100) FENTANYL-RELATED SUBSTANCES, THEIR ISOMERS, ESTERS, ETHERS,
SALTS AND SALTS OF ISOMERS, ESTERS AND ETHERS.
(I) FENTANYL-RELATED SUBSTANCE MEANS ANY SUBSTANCE NOT OTHERWISE LIST-
ED UNDER ANOTHER ADMINISTRATION CONTROLLED SUBSTANCE CODE NUMBER, AND
FOR WHICH NO EXEMPTION OR APPROVAL IS IN EFFECT UNDER SECTION 505 OF THE
FEDERAL FOOD, DRUG, AND COSMETIC ACT (21 U.S.C. 355), THAT IS STRUC-
TURALLY RELATED TO FENTANYL BY ONE OR MORE OF THE FOLLOWING MODIFICA-
TIONS:
(A) REPLACEMENT OF THE PHENYL PORTION OF THE PHENETHYL GROUP BY ANY
MONOCYCLE, WHETHER OR NOT FURTHER SUBSTITUTED IN OR ON THE MONOCYCLE;
(B) SUBSTITUTION IN OR ON THE PHENETHYL GROUP WITH ALKYL, ALKENYL,
ALKOXYL, HYDROXYL, HALO, HALOALKYL, AMINO OR NITRO GROUPS;
(C) SUBSTITUTION IN OR ON THE PIPERIDINE RING WITH ALKYL, ALKENYL,
ALKOXYL, ESTER, ETHER, HYDROXYL, HALO, HALOALKYL, AMINO OR NITRO GROUPS;
(D) REPLACEMENT OF THE ANILINE RING WITH ANY AROMATIC MONOCYCLE WHETH-
ER OR NOT FURTHER SUBSTITUTED IN OR ON THE AROMATIC MONOCYCLE; AND/OR
(E) REPLACEMENT OF THE N-PROPIONYL GROUP BY ANOTHER ACYL GROUP.
(II) THIS DEFINITION INCLUDES, BUT IS NOT LIMITED TO, THE FOLLOWING
SUBSTANCES:
(A)-(B) [Reserved]
§ 2. Paragraph 3 of subdivision (g) of schedule II of section 3306 of
the public health law, as added by section 7 of part C of chapter 447 of
the laws of 2012, is amended to read as follows:
(3) Immediate precursor to fentanyl:
(i) [4-anilino-N-phenethyl-4-piperidine (ANPP)] 4-ANILINO-N-PHENEN-
ETHYLPIPERIDINE (ANPP).
(II) N-PHENYL-N-(PIPERIDIN-4-YL)PROPIONAMIDE (NORFENTANYL).
§ 3. Paragraph c of subdivision 1 of section 3383 of the public health
law, as added by chapter 494 of the laws of 1982, is amended to read as
follows:
c. "Imitation controlled substance" means: (1) a substance, other than
a drug for which a prescription is required pursuant to article one
hundred thirty-seven of the education law, that is not a controlled
substance, which by dosage unit appearance, including color, shape and
size and by a representation is represented to be a controlled
substance, as defined in the penal law; OR (2) A CONTROLLED SUBSTANCE,
WHICH BY DOSAGE UNIT APPEARANCE, INCLUDING COLOR, SHAPE AND SIZE AND BY
A REPRESENTATION IS REPRESENTED TO BE A DIFFERENT CONTROLLED SUBSTANCE,
AS DEFINED IN THE PENAL LAW. Evidence of representations that the
substance is a controlled substance may include but is not limited to
oral or written representations by the manufacturer or seller, as the
case may be, about the substance with regard to:
S. 4007--A 240 A. 3007--A
(i) its price, nature, use or effect as a controlled substance; or
(ii) its packaging in a manner normally used for illicit controlled
substances; or
(iii) markings on the substance; OR
(IV) HAVING BEEN PRESCRIBED OR PROVIDED BY A PHARMACIST OR HEALTH CARE
PRACTITIONER.
§ 4. Subdivision 7 of section 3383 of the public health law is
REPEALED and subdivision 8 is renumbered subdivision 7.
§ 5. Subdivision 21 of section 10.00 of the penal law, as added by
chapter 1 of the laws of 2013, is amended to read as follows:
21. "Drug trafficking felony" means any of the following offenses
defined in article two hundred twenty of this chapter: violation of use
of a child to commit a controlled substance offense as defined in
section 220.28; criminal sale of a controlled substance in the fourth
degree as defined in section 220.34; criminal sale of a controlled
substance in the third degree as defined in section 220.39; criminal
sale of a controlled substance in the second degree as defined in
section 220.41; criminal sale of a controlled substance in the first
degree as defined in section 220.43; criminal sale of a controlled
substance in or near school grounds as defined in section 220.44; unlaw-
ful manufacture of methamphetamine in the second degree as defined in
section 220.74; unlawful manufacture of methamphetamine in the first
degree as defined in section 220.75; or operating as a major trafficker
as defined in section 220.77; CRIMINAL SALE OF AN IMITATION CONTROLLED
SUBSTANCE IN THE FIFTH DEGREE AS DEFINED IN SECTION 220.83; CRIMINAL
SALE OF AN IMITATION CONTROLLED SUBSTANCE IN THE THIRD DEGREE AS DEFINED
IN SECTION 220.84; AND CRIMINAL SALE OF AN IMITATION CONTROLLED
SUBSTANCE IN THE FIRST DEGREE AS DEFINED IN SECTION 220.85.
§ 6. Paragraphs (a) and (b) of subdivision 1 of section 460.10 of the
penal law, paragraph (a) as amended by chapter 134 of the laws of 2019
and paragraph (b) as amended by chapter 442 of the laws of 2006, are
amended to read as follows:
(a) Any of the felonies set forth in this chapter: sections 120.05,
120.10 and 120.11 relating to assault; sections 121.12 and 121.13 relat-
ing to strangulation; sections 125.10 to 125.27 relating to homicide;
sections 130.25, 130.30 and 130.35 relating to rape; sections 135.20 and
135.25 relating to kidnapping; sections 135.35 and 135.37 relating to
labor trafficking; section 135.65 relating to coercion; sections 140.20,
140.25 and 140.30 relating to burglary; sections 145.05, 145.10 and
145.12 relating to criminal mischief; article one hundred fifty relating
to arson; sections 155.30, 155.35, 155.40 and 155.42 relating to grand
larceny; sections 177.10, 177.15, 177.20 and 177.25 relating to health
care fraud; article one hundred sixty relating to robbery; sections
165.45, 165.50, 165.52 and 165.54 relating to criminal possession of
stolen property; sections 165.72 and 165.73 relating to trademark coun-
terfeiting; sections 170.10, 170.15, 170.25, 170.30, 170.40, 170.65 and
170.70 relating to forgery; sections 175.10, 175.25, 175.35, 175.40 and
210.40 relating to false statements; sections 176.15, 176.20, 176.25 and
176.30 relating to insurance fraud; sections 178.20 and 178.25 relating
to criminal diversion of prescription medications and prescriptions;
sections 180.03, 180.08, 180.15, 180.25, 180.40, 180.45, 200.00, 200.03,
200.04, 200.10, 200.11, 200.12, 200.20, 200.22, 200.25, 200.27, 200.56,
215.00, 215.05 and 215.19 relating to bribery; sections 187.10, 187.15,
187.20 and 187.25 relating to residential mortgage fraud, sections
190.40 and 190.42 relating to criminal usury; section 190.65 relating to
schemes to defraud; any felony defined in article four hundred ninety-
S. 4007--A 241 A. 3007--A
six; sections 205.60 and 205.65 relating to hindering prosecution;
sections 210.10, 210.15, and 215.51 relating to perjury and contempt;
section 215.40 relating to tampering with physical evidence; sections
220.06, 220.09, 220.16, 220.18, 220.21, 220.31, 220.34, 220.39, 220.41,
220.43, 220.46, 220.55, 220.60, 220.65 and 220.77 relating to controlled
substances; sections 225.10 and 225.20 relating to gambling; sections
230.25, 230.30, and 230.32 relating to promoting prostitution; section
230.34 relating to sex trafficking; section 230.34-a relating to sex
trafficking of a child; sections 235.06, 235.07, 235.21 and 235.22
relating to obscenity; sections 263.10 and 263.15 relating to promoting
a sexual performance by a child; sections 265.02, 265.03, 265.04,
265.11, 265.12, 265.13 and the provisions of section 265.10 which
constitute a felony relating to firearms and other dangerous weapons;
sections 265.14 and 265.16 relating to criminal sale of a firearm;
section 265.50 relating to the criminal manufacture, sale or transport
of an undetectable firearm, rifle or shotgun; section 275.10, 275.20,
275.30, or 275.40 relating to unauthorized recordings; SECTIONS 220.82,
220.83, 220.84 AND 220.85 RELATING TO IMITATION CONTROLLED SUBSTANCES;
and sections 470.05, 470.10, 470.15 and 470.20 relating to money laun-
dering; or
(b) Any felony set forth elsewhere in the laws of this state and
defined by the tax law relating to alcoholic beverage, cigarette, gaso-
line and similar motor fuel taxes; article seventy-one of the environ-
mental conservation law relating to water pollution, hazardous waste or
substances hazardous or acutely hazardous to public health or safety of
the environment; article twenty-three-A of the general business law
relating to prohibited acts concerning stocks, bonds and other securi-
ties, article twenty-two of the general business law concerning monopo-
lies; ARTICLE THIRTY-THREE OF THE PUBLIC HEALTH LAW RELATING TO
CONTROLLED SUBSTANCES OR IMITATION CONTROLLED SUBSTANCES.
§ 7. Paragraph (c) of subdivision 8 of section 700.05 of the criminal
procedure law, as amended by chapter 92 of the laws of 2021, is amended
and a new paragraph (w) is added to read as follows:
(c) Criminal possession of a controlled substance in the seventh
degree as defined in section 220.03 of the penal law, criminal
possession of a controlled substance in the fifth degree as defined in
section 220.06 of the penal law, criminal possession of a controlled
substance in the fourth degree as defined in section 220.09 of the penal
law, criminal possession of a controlled substance in the third degree
as defined in section 220.16 of the penal law, criminal possession of a
controlled substance in the second degree as defined in section 220.18
of the penal law, criminal possession of a controlled substance in the
first degree as defined in section 220.21 of the penal law, criminal
sale of a controlled substance in the fifth degree as defined in section
220.31 of the penal law, criminal sale of a controlled substance in the
fourth degree as defined in section 220.34 of the penal law, criminal
sale of a controlled substance in the third degree as defined in section
220.39 of the penal law, criminal sale of a controlled substance in the
second degree as defined in section 220.41 of the penal law, criminal
sale of a controlled substance in the first degree as defined in section
220.43 of the penal law, criminally possessing a hypodermic instrument
as defined in section 220.45 of the penal law, criminal sale of a
prescription for a controlled substance or a controlled substance by a
practitioner or pharmacist as defined in section 220.65 of the penal
law, criminal possession of methamphetamine manufacturing material in
the second degree as defined in section 220.70 of the penal law, crimi-
S. 4007--A 242 A. 3007--A
nal possession of methamphetamine manufacturing material in the first
degree as defined in section 220.71 of the penal law, criminal
possession of precursors of methamphetamine as defined in section 220.72
of the penal law, unlawful manufacture of methamphetamine in the third
degree as defined in section 220.73 of the penal law, unlawful manufac-
ture of methamphetamine in the second degree as defined in section
220.74 of the penal law, unlawful manufacture of methamphetamine in the
first degree as defined in section 220.75 of the penal law, unlawful
disposal of methamphetamine laboratory material as defined in section
220.76 of the penal law, operating as a major trafficker as defined in
section 220.77 of the penal law, CRIMINAL POSSESSION OF AN IMITATION
CONTROLLED SUBSTANCE IN THE THIRD DEGREE AS DEFINED IN SECTION 220.82 OF
THE PENAL LAW, CRIMINAL SALE OF AN IMITATION CONTROLLED SUBSTANCE IN THE
FIFTH DEGREE AS DEFINED IN SECTION 220.83 OF THE PENAL LAW, CRIMINAL
SALE OF AN IMITATION CONTROLLED SUBSTANCE IN THE THIRD DEGREE AS DEFINED
IN SECTION 220.84 OF THE PENAL LAW, CRIMINAL SALE OF AN IMITATION
CONTROLLED SUBSTANCE IN THE FIRST DEGREE AS DEFINED IN SECTION 220.85 OF
THE PENAL LAW, promoting gambling in the second degree as defined in
section 225.05 of the penal law, promoting gambling in the first degree
as defined in section 225.10 of the penal law, possession of gambling
records in the second degree as defined in section 225.15 of the penal
law, possession of gambling records in the first degree as defined in
section 225.20 of the penal law, and possession of a gambling device as
defined in section 225.30 of the penal law;
(W) ANY OF THE ACTS DESIGNATED AS FELONIES IN ARTICLE THIRTY-THREE OF
THE PUBLIC HEALTH LAW.
§ 8. Section 220.00 of the penal law is amended by adding a new subdi-
vision 6 to read as follows:
6. "IMITATION CONTROLLED SUBSTANCE" SHALL HAVE THE SAME MEANING AS
PROVIDED FOR IN PARAGRAPH C OF SUBDIVISION ONE OF SECTION THIRTY-THREE
HUNDRED EIGHTY-THREE OF THE PUBLIC HEALTH LAW.
§ 9. The penal law is amended by adding five new sections 220.81,
220.82, 220.83, 220.84 and 220.85 to read as follows:
§ 220.81 CRIMINAL POSSESSION OF AN IMITATION CONTROLLED SUBSTANCE IN THE
FIFTH DEGREE.
A PERSON IS GUILTY OF CRIMINAL POSSESSION OF AN IMITATION CONTROLLED
SUBSTANCE IN THE FIFTH DEGREE WHEN HE OR SHE KNOWINGLY AND UNLAWFULLY
POSSESSES AN IMITATION CONTROLLED SUBSTANCE, AS DEFINED IN SUBPARAGRAPH
ONE OF PARAGRAPH C OF SUBDIVISION ONE OF SECTION THIRTY-THREE HUNDRED
EIGHTY-THREE OF THE PUBLIC HEALTH LAW, WITH THE INTENT TO SELL IT.
CRIMINAL POSSESSION OF AN IMITATION CONTROLLED SUBSTANCE IN THE FIFTH
DEGREE IS A CLASS A MISDEMEANOR.
§ 220.82 CRIMINAL POSSESSION OF AN IMITATION CONTROLLED SUBSTANCE IN THE
THIRD DEGREE.
A PERSON IS GUILTY OF CRIMINAL POSSESSION OF AN IMITATION CONTROLLED
SUBSTANCE IN THE THIRD DEGREE WHEN HE OR SHE KNOWINGLY AND UNLAWFULLY
POSSESSES AN IMITATION CONTROLLED SUBSTANCE, AS DEFINED IN SUBPARAGRAPH
TWO OF PARAGRAPH C OF SUBDIVISION ONE OF SECTION THIRTY-THREE HUNDRED
EIGHTY-THREE OF THE PUBLIC HEALTH LAW, WITH THE INTENT TO SELL IT.
CRIMINAL POSSESSION OF AN IMITATION CONTROLLED SUBSTANCE IN THE THIRD
DEGREE IS A CLASS D FELONY.
§ 220.83 CRIMINAL SALE OF AN IMITATION CONTROLLED SUBSTANCE IN THE FIFTH
DEGREE.
A PERSON IS GUILTY OF CRIMINAL SALE OF AN IMITATION CONTROLLED
SUBSTANCE IN THE FIFTH DEGREE WHEN HE OR SHE KNOWINGLY AND UNLAWFULLY
SELLS AN IMITATION CONTROLLED SUBSTANCE, AS DEFINED IN SUBPARAGRAPH ONE
S. 4007--A 243 A. 3007--A
OF PARAGRAPH C OF SUBDIVISION ONE OF SECTION THIRTY-THREE HUNDRED EIGHT-
Y-THREE OF THE PUBLIC HEALTH LAW.
CRIMINAL SALE OF AN IMITATION CONTROLLED SUBSTANCE IN THE FIFTH DEGREE
IS A CLASS E FELONY.
§ 220.84 CRIMINAL SALE OF AN IMITATION CONTROLLED SUBSTANCE IN THE THIRD
DEGREE.
A PERSON IS GUILTY OF CRIMINAL SALE OF AN IMITATION CONTROLLED
SUBSTANCE IN THE THIRD DEGREE WHEN HE OR SHE KNOWINGLY AND UNLAWFULLY
SELLS AN IMITATION CONTROLLED SUBSTANCE, AS DEFINED IN SUBPARAGRAPH TWO
OF PARAGRAPH C OF SUBDIVISION ONE OF SECTION THIRTY-THREE HUNDRED EIGHT-
Y-THREE OF THE PUBLIC HEALTH LAW.
CRIMINAL SALE OF AN IMITATION CONTROLLED SUBSTANCE IN THE THIRD DEGREE
IS A CLASS C FELONY.
§ 220.85 CRIMINAL SALE OF AN IMITATION CONTROLLED SUBSTANCE IN THE FIRST
DEGREE.
A PERSON IS GUILTY OF CRIMINAL SALE OF AN IMITATION CONTROLLED
SUBSTANCE IN THE FIRST DEGREE WHEN HE OR SHE KNOWINGLY AND UNLAWFULLY
SELLS AN IMITATION CONTROLLED SUBSTANCE AND HE OR SHE KNOWS OR REASON-
ABLY SHOULD KNOW THAT THE IMITATION CONTROLLED SUBSTANCE COULD CAUSE THE
SERIOUS PHYSICAL INJURY OF ANOTHER PERSON, AS DEFINED BY SUBDIVISION
TEN OF SECTION 10.00 OF THIS CHAPTER, OR HE OR SHE KNOWS OR REASONABLY
SHOULD KNOW THAT THE IMITATION CONTROLLED SUBSTANCE COULD CAUSE THE
DEATH OF ANOTHER PERSON, AND THE IMITATION CONTROLLED SUBSTANCE CAUSES
THE SERIOUS PHYSICAL INJURY OR DEATH OF ANOTHER PERSON.
CRIMINAL SALE OF AN IMITATION CONTROLLED SUBSTANCE IN THE FIRST DEGREE
IS A CLASS A-1 FELONY.
§ 10. Section 220.25 of the penal law, as amended by chapter 276 of
the laws of 1973, subdivision 1 as amended by chapter 278 of the laws of
1973 and subdivision 2 as amended by chapter 341 of the laws of 1985, is
amended to read as follows:
§ 220.25 Criminal possession of a controlled substance OR AN IMITATION
CONTROLLED SUBSTANCE; presumption.
1. The presence of a controlled substance OR AN IMITATION CONTROLLED
SUBSTANCE in an automobile, other than a public omnibus, is presumptive
evidence of knowing possession thereof by each and every person in the
automobile at the time such controlled substance OR IMITATION CONTROLLED
SUBSTANCE was found; except that such presumption does not apply (a) to
a duly licensed operator of an automobile who is at the time operating
it for hire in the lawful and proper pursuit of his trade, or (b) to any
person in the automobile if one of them, having obtained the controlled
substance OR IMITATION CONTROLLED SUBSTANCE and not being under duress,
is authorized to possess it and such controlled substance OR IMITATION
CONTROLLED SUBSTANCE is in the same container as when he received
possession thereof, or (c) when the controlled substance OR IMITATION
CONTROLLED SUBSTANCE is concealed upon the person of one of the occu-
pants.
2. The presence of a narcotic drug, narcotic preparation, marihuana or
phencyclidine in open view in a room, other than a public place, under
circumstances evincing an intent to unlawfully mix, compound, package or
otherwise prepare for sale such controlled substance OR IMITATION
CONTROLLED SUBSTANCE is presumptive evidence of knowing possession ther-
eof by each and every person in close proximity to such controlled
substance OR IMITATION CONTROLLED SUBSTANCE at the time such controlled
substance OR IMITATION CONTROLLED SUBSTANCE was found; except that such
presumption does not apply to any such persons if (a) one of them,
having obtained such controlled substance OR IMITATION CONTROLLED
S. 4007--A 244 A. 3007--A
SUBSTANCE and not being under duress, is authorized to possess it and
such controlled substance OR IMITATION CONTROLLED SUBSTANCE is in the
same container as when he received possession thereof, or (b) one of
them has such controlled substance OR IMITATION CONTROLLED SUBSTANCE
upon his person.
§ 11. This act shall take effect immediately.
PART CC
Section 1. Articles 131, 131-A, 131-B, 131-C, 132, 133, 134, 136, 137,
137-A, 139, 140, 141, 143, 144, 153, 154, 155, 156, 157, 159, 160, 162,
163, 164, 165, 166, 167 and 168 of the education law are REPEALED.
§ 2. The public health law is amended by adding a new article 51 to
read as follows:
ARTICLE 51
LICENSED HEALTHCARE PROFESSIONS
TITLE 1
LICENSED HEALTHCARE PROFESSIONS GENERAL PROVISIONS
SUBTITLE 1
INTRODUCTORY SUMMARY
SECTION 6500. INTRODUCTION.
6501. ADMISSION TO A PROFESSION (LICENSING).
6501-A. AFFIRMATION OF APPLICATIONS.
6502. DURATION AND REGISTRATION OF A LICENSE.
6502-A. RENEWAL OF PROFESSIONAL LICENSE, CERTIFICATION, OR
REGISTRATION.
6503. PRACTICE OF A PROFESSION.
6503-A. WAIVER FOR ENTITIES PROVIDING CERTAIN PROFESSIONAL
SERVICES.
6503-B. WAIVER FOR CERTAIN SPECIAL EDUCATION SCHOOLS AND EARLY
INTERVENTION AGENCIES.
6504. REGULATION OF THE PROFESSIONS.
6505. CONSTRUCTION.
6505-A. PROFESSIONAL REFERRALS.
6505-B. COURSE WORK OR TRAINING IN INFECTION CONTROL PRACTICES.
6505-C. ARTICULATION BETWEEN MILITARY AND CIVILIAN PROFESSIONAL
CAREERS.
§ 6500. INTRODUCTION. THIS ARTICLE PROVIDES FOR THE REGULATION OF THE
ADMISSION TO AND THE PRACTICE OF CERTAIN PROFESSIONS. THIS FIRST TITLE
APPLIES TO ALL THE PROFESSIONS INCLUDED IN THIS ARTICLE, EXCEPT THAT
PREHEARING PROCEDURES AND HEARING PROCEDURES IN CONNECTION WITH THE
REGULATION OF PROFESSIONAL CONDUCT OF THE PROFESSION OF MEDICINE AND
PHYSICIAN'S ASSISTANTS AND SPECIALIST'S ASSISTANTS SHALL BE CONDUCTED
PURSUANT TO THE PROVISIONS OF TITLE TWO-A OF ARTICLE TWO OF THIS CHAP-
TER. EACH OF THE REMAINING TITLES APPLIES TO A PARTICULAR PROFESSION.
§ 6501. ADMISSION TO A PROFESSION (LICENSING). 1. ADMISSION TO PRAC-
TICE OF A PROFESSION IN THIS STATE IS ACCOMPLISHED BY A LICENSE BEING
ISSUED TO A QUALIFIED APPLICANT BY THE HEALTH DEPARTMENT. TO QUALIFY FOR
A LICENSE AN APPLICANT SHALL MEET THE REQUIREMENTS PRESCRIBED IN THE
TITLE FOR THE PARTICULAR PROFESSION AND SHALL MEET THE REQUIREMENTS
PRESCRIBED IN SECTION 3-503 OF THE GENERAL OBLIGATIONS LAW.
2. A. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, ANY APPLI-
CANT SEEKING TO QUALIFY FOR A LICENSE PURSUANT TO THIS ARTICLE WHO IS
THE SPOUSE OF AN ACTIVE DUTY MEMBER OF THE ARMED FORCES OF THE UNITED
STATES, NATIONAL GUARD OR RESERVES AS DEFINED IN 10 U.S.C. SECTIONS 1209
AND 1211, AND SUCH SPOUSE IS TRANSFERRED BY THE MILITARY TO THIS STATE
S. 4007--A 245 A. 3007--A
SHALL BE AFFORDED AN EXPEDITED REVIEW OF HIS OR HER APPLICATION FOR
LICENSURE. SUCH APPLICATION SHALL BE ON A FORM PRESCRIBED BY THE DEPART-
MENT AND SHALL INCLUDE AN ATTESTATION BY THE APPLICANT OF THE MILITARY
STATUS OF HIS OR HER SPOUSE AND ANY OTHER SUCH SUPPORTING DOCUMENTATION
THAT THE DEPARTMENT MAY REQUIRE. UPON REVIEW OF SUCH APPLICATION, THE
DEPARTMENT SHALL ISSUE A LICENSE TO THE APPLICANT IF THE APPLICANT HOLDS
A LICENSE IN GOOD STANDING IN ANOTHER STATE AND IN THE OPINION OF THE
DEPARTMENT, THE REQUIREMENTS FOR LICENSURE OF SUCH OTHER STATE ARE
SUBSTANTIALLY EQUIVALENT TO THE REQUIREMENTS FOR LICENSURE IN THIS
STATE.
B. IN ADDITION TO THE EXPEDITED REVIEW GRANTED IN PARAGRAPH A OF THIS
SUBDIVISION, AN APPLICANT WHO PROVIDES SATISFACTORY DOCUMENTATION THAT
HE OR SHE HOLDS A LICENSE IN GOOD STANDING FROM ANOTHER STATE, MAY
REQUEST THE ISSUANCE OF A TEMPORARY PRACTICE PERMIT, WHICH, IF GRANTED
WILL PERMIT THE APPLICANT TO WORK UNDER THE SUPERVISION OF A NEW YORK
STATE LICENSEE IN ACCORDANCE WITH REGULATIONS OF THE COMMISSIONER. THE
DEPARTMENT MAY GRANT SUCH TEMPORARY PRACTICE PERMIT WHEN IT APPEARS
BASED ON THE APPLICATION AND SUPPORTING DOCUMENTATION RECEIVED THAT THE
APPLICANT WILL MEET THE REQUIREMENTS FOR LICENSURE IN THIS STATE BECAUSE
HE OR SHE HOLDS A LICENSE IN GOOD STANDING FROM ANOTHER STATE WITH
SIGNIFICANTLY COMPARABLE LICENSURE REQUIREMENTS TO THOSE OF THIS STATE,
EXCEPT THE DEPARTMENT HAS NOT BEEN ABLE TO SECURE DIRECT SOURCE VERIFI-
CATION OF THE APPLICANT'S UNDERLYING CREDENTIALS (E.G., RECEIPT OF
ORIGINAL TRANSCRIPT, EXPERIENCE VERIFICATION). SUCH PERMIT SHALL BE
VALID FOR SIX MONTHS OR UNTIL TEN DAYS AFTER NOTIFICATION THAT THE
APPLICANT DOES NOT MEET THE QUALIFICATIONS FOR LICENSURE. AN ADDITIONAL
SIX MONTHS MAY BE GRANTED UPON A DETERMINATION BY THE DEPARTMENT THAT
THE APPLICANT IS EXPECTED TO QUALIFY FOR THE FULL LICENSE UPON RECEIPT
OF THE REMAINING DIRECT SOURCE VERIFICATION DOCUMENTS REQUESTED BY THE
DEPARTMENT IN SUCH TIME PERIOD AND THAT THE DELAY IN PROVIDING THE
NECESSARY DOCUMENTATION FOR FULL LICENSURE WAS DUE TO EXTENUATING
CIRCUMSTANCES WHICH THE MILITARY SPOUSE COULD NOT AVOID.
C. A TEMPORARY PRACTICE PERMIT ISSUED UNDER PARAGRAPH B OF THIS SUBDI-
VISION SHALL BE SUBJECT TO THE FULL DISCIPLINARY AND REGULATORY AUTHORI-
TY OF THE DEPARTMENT, PURSUANT TO THIS ARTICLE, AS IF SUCH AUTHORIZATION
WERE A PROFESSIONAL LICENSE ISSUED UNDER THIS ARTICLE.
D. THE DEPARTMENT SHALL REDUCE THE INITIAL LICENSURE APPLICATION FEE
BY ONE-HALF FOR ANY APPLICATION SUBMITTED BY A MILITARY SPOUSE UNDER
THIS SUBDIVISION.
§ 6501-A. AFFIRMATION OF APPLICATIONS. NOTWITHSTANDING ANY OTHER
PROVISION OF LAW TO THE CONTRARY, ANY APPLICATION REQUIRED BY THIS ARTI-
CLE TO BE FILED WITH THE DEPARTMENT MAY, IN LIEU OF BEING CERTIFIED OR
SWORN UNDER OATH, BE SUBSCRIBED BY THE APPLICANT AND AFFIRMED BY THE
APPLICANT AS TRUE UNDER PENALTIES OF PERJURY.
§ 6502. DURATION AND REGISTRATION OF A LICENSE. 1. A LICENSE SHALL BE
VALID DURING THE LIFE OF THE HOLDER UNLESS REVOKED, ANNULLED OR
SUSPENDED BY COMMISSIONER OR IN THE CASE OF PHYSICIANS, PHYSICIANS PRAC-
TICING UNDER A LIMITED PERMIT, PHYSICIAN'S ASSISTANTS, SPECIALIST'S
ASSISTANTS AND MEDICAL RESIDENTS, THE LICENSEE IS STRICKEN FROM THE
ROSTER OF SUCH LICENSEES BY THE COMMISSIONER ON THE ORDER OF THE STATE
BOARD FOR PROFESSIONAL MEDICAL CONDUCT. A LICENSEE MUST REGISTER WITH
THE DEPARTMENT AND MEET THE REQUIREMENTS PRESCRIBED IN SECTION 3-503 OF
THE GENERAL OBLIGATIONS LAW TO PRACTICE IN THIS STATE.
2. THE DEPARTMENT SHALL ESTABLISH THE BEGINNING DATES OF THE REGISTRA-
TION PERIODS FOR EACH PROFESSION AND MAIL AN APPLICATION FOR REGISTRA-
TION CONFORMING TO THE REQUIREMENTS OF SECTION 3-503 OF THE GENERAL
S. 4007--A 246 A. 3007--A
OBLIGATIONS LAW TO EVERY LICENSEE CURRENTLY REGISTERED AT LEAST FOUR
MONTHS PRIOR TO THE BEGINNING OF THE REGISTRATION PERIOD FOR THE RESPEC-
TIVE PROFESSION.
3. AN APPLICATION FOR REGISTRATION AND THE REQUIRED REGISTRATION FEE
SHALL BE SUBMITTED TOGETHER WITH OR AS A PART OF THE APPLICATION FOR A
LICENSE. A PERSON INITIALLY LICENSED OR A LICENSEE RESUMING PRACTICE
AFTER A LAPSE OF REGISTRATION DURING THE LAST TWO YEARS OF A TRIENNIAL
REGISTRATION PERIOD SHALL RECEIVE A PRORATED REFUND OF ONE-THIRD OF THE
TOTAL REGISTRATION FEE FOR EACH FULL YEAR OF THE TRIENNIAL PERIOD THAT
HAS ELAPSED PRIOR TO THE DATE OF REGISTRATION. EXCEPT AS PROVIDED IN
SUBDIVISION THREE-A OF THIS SECTION, THE DEPARTMENT SHALL RENEW THE
REGISTRATION OF EACH LICENSEE UPON RECEIPT OF A PROPER APPLICATION, ON A
FORM PRESCRIBED BY THE DEPARTMENT AND CONFORMING TO THE REQUIREMENTS OF
SECTION 3-503 OF THE GENERAL OBLIGATIONS LAW, AND THE REGISTRATION FEE.
ANY LICENSEE WHO FAILS TO REGISTER BY THE BEGINNING OF THE APPROPRIATE
REGISTRATION PERIOD SHALL BE REQUIRED TO PAY AN ADDITIONAL FEE FOR LATE
FILING OF TEN DOLLARS FOR EACH MONTH THAT REGISTRATION HAS BEEN DELAYED.
NO LICENSEE RESUMING PRACTICE AFTER A LAPSE OF REGISTRATION SHALL BE
PERMITTED TO PRACTICE WITHOUT ACTUAL POSSESSION OF THE REGISTRATION
CERTIFICATE.
3-A. PRIOR TO ISSUING ANY REGISTRATION PURSUANT TO THIS SECTION AND
SECTION SIXTY-FIVE HUNDRED TWENTY-FOUR OF THIS ARTICLE, THE DEPARTMENT
SHALL REQUEST AND REVIEW ANY INFORMATION RELATING TO AN APPLICANT WHICH
REASONABLY APPEARS TO RELATE TO PROFESSIONAL MISCONDUCT IN HIS OR HER
PROFESSIONAL PRACTICE IN THIS AND ANY OTHER JURISDICTION. THE DEPARTMENT
SHALL ADVISE THE DIRECTOR OF THE OFFICE OF PROFESSIONAL MEDICAL CONDUCT
IN THE DEPARTMENT OF ANY INFORMATION ABOUT AN APPLICANT WHICH REASONABLY
APPEARS TO BE PROFESSIONAL MISCONDUCT AS DEFINED IN SECTIONS SIXTY-FIVE
HUNDRED THIRTY AND SIXTY-FIVE HUNDRED THIRTY-ONE OF THIS ARTICLE, WITHIN
SEVEN DAYS OF ITS DISCOVERY. THE REGISTRATION OR RE-REGISTRATION OF SUCH
APPLICANT SHALL NOT BE DELAYED FOR A PERIOD EXCEEDING THIRTY DAYS UNLESS
THE DIRECTOR FINDS A BASIS FOR RECOMMENDING SUMMARY ACTION PURSUANT TO
SUBDIVISION TWELVE OF SECTION TWO HUNDRED THIRTY OF THIS CHAPTER AFTER
CONSULTATION WITH A COMMITTEE ON PROFESSIONAL CONDUCT OF THE STATE BOARD
FOR PROFESSIONAL MEDICAL CONDUCT, IF WARRANTED. RE-REGISTRATION SHALL BE
ISSUED IF THE COMMISSIONER OF HEALTH FAILS TO ISSUE A SUMMARY ORDER
PURSUANT TO SUBDIVISION TWELVE OF SECTION TWO HUNDRED THIRTY OF THIS
CHAPTER WITHIN NINETY DAYS OF NOTICE BY THE DEPARTMENT PURSUANT TO THIS
SUBDIVISION. RE-REGISTRATION SHALL BE DENIED IF THE COMMISSIONER ISSUES
A SUMMARY ORDER PURSUANT TO SUBDIVISION TWELVE OF SECTION TWO HUNDRED
THIRTY OF THIS CHAPTER.
4. ANY LICENSEE WHO IS NOT ENGAGING IN THE PRACTICE OF HIS PROFESSION
IN THIS STATE AND DOES NOT DESIRE TO REGISTER SHALL SO ADVISE THE
DEPARTMENT. SUCH LICENSEE SHALL NOT BE REQUIRED TO PAY AN ADDITIONAL FEE
FOR FAILURE TO REGISTER AT THE BEGINNING OF THE REGISTRATION PERIOD.
5. LICENSEES SHALL NOTIFY THE DEPARTMENT OF ANY CHANGE OF NAME OR
MAILING ADDRESS WITHIN THIRTY DAYS OF SUCH CHANGE. FAILURE TO REGISTER
OR PROVIDE SUCH NOTICE WITHIN ONE HUNDRED EIGHTY DAYS OF SUCH CHANGE
SHALL BE WILLFUL FAILURE UNDER SECTION SIXTY-FIVE HUNDRED THIRTY OF THIS
ARTICLE.
6. THE FEE FOR REPLACEMENT OF A LOST REGISTRATION CERTIFICATE OR
LICENSE OR FOR REGISTRATION OF AN ADDITIONAL OFFICE SHALL BE TEN
DOLLARS.
7. AN ADDITIONAL FEE OF TWENTY-FIVE DOLLARS SHALL BE CHARGED FOR THE
LICENSURE OR REGISTRATION OF ANY APPLICANT WHO SUBMITS A BAD CHECK TO
THE DEPARTMENT.
S. 4007--A 247 A. 3007--A
§ 6502-A. RENEWAL OF PROFESSIONAL LICENSE, CERTIFICATION, OR REGISTRA-
TION. 1. THIS SECTION SHALL APPLY TO HEALTHCARE PROFESSIONALS LICENSED,
CERTIFIED, REGISTERED OR AUTHORIZED PURSUANT TO THIS ARTICLE OTHER THAN
THOSE LICENSED OR REGISTERED PURSUANT TO TITLE TWO OF THIS ARTICLE.
2. IN CONJUNCTION WITH AND AS A CONDITION OF EACH REGISTRATION
RENEWAL, THE PROFESSIONALS DESCRIBED IN SUBDIVISION ONE OF THIS SECTION
SHALL PROVIDE TO THE DEPARTMENT, AND THE DEPARTMENT SHALL COLLECT, SUCH
INFORMATION AND DOCUMENTATION REQUIRED BY THE DEPARTMENT AS IS NECESSARY
TO ENABLE THE DEPARTMENT TO EVALUATE ACCESS TO NEEDED SERVICES IN THIS
STATE, INCLUDING, BUT NOT LIMITED TO, THE LOCATION AND TYPE OF SETTING
IN WHICH THE PROFESSIONAL PRACTICES AND OTHER RELEVANT INFORMATION. THE
DEPARTMENT SHALL MAKE SUCH DATA AVAILABLE IN AGGREGATE, DE-IDENTIFIED
FORM ON A PUBLICLY ACCESSIBLE WEBSITE.
3. THE DATES BY WHICH THE PROFESSIONALS DESCRIBED IN SUBDIVISION ONE
OF THIS SECTION MUST COMPLY WITH THE REQUIREMENTS OF SUBDIVISION TWO OF
THIS SECTION SHALL BE DETERMINED BY THE DEPARTMENT AND MAY VARY BY
PROFESSION, TO ALLOW THE DEVELOPMENT AND REFINEMENT OF NECESSARY PROGRAM
FEATURES AND TO ALLOW SUFFICIENT ADVANCED NOTICE TO BE PROVIDED TO
AFFECTED PROFESSIONALS. THE PROVISIONS OF THIS SECTION SHALL BE EFFEC-
TIVE ONLY IF AND FOR SO LONG AS AN APPROPRIATION IS MADE FOR THE
PURPOSES OF ITS IMPLEMENTATION.
§ 6503. PRACTICE OF A PROFESSION. ADMISSION TO THE PRACTICE OF A
PROFESSION ENTITLES THE LICENSEE TO: 1. PRACTICE THE PROFESSION AS
DEFINED IN THE TITLE FOR THE PARTICULAR PROFESSION;
2. ENTITLES THE INDIVIDUAL LICENSEE TO USE THE PROFESSIONAL TITLE AS
PROVIDED IN THE TITLE FOR THE PARTICULAR PROFESSION; AND
3. SUBJECTS THE LICENSEE TO THE PROCEDURES AND PENALTIES FOR PROFES-
SIONAL MISCONDUCT AS PRESCRIBED IN THIS ARTICLE.
§ 6503-A. WAIVER FOR ENTITIES PROVIDING CERTAIN PROFESSIONAL SERVICES.
1. A. NOTWITHSTANDING ANY LAWS TO THE CONTRARY, EXCEPT AS PROVIDED IN
SUBDIVISION TWO OF THIS SECTION, A NOT-FOR-PROFIT CORPORATION FORMED FOR
CHARITABLE, EDUCATIONAL, OR RELIGIOUS PURPOSES OR OTHER SIMILAR PURPOSES
DEEMED ACCEPTABLE BY THE DEPARTMENT; OR AN EDUCATION CORPORATION AS
DEFINED IN SUBDIVISION ONE OF SECTION TWO HUNDRED SIXTEEN-A OF THE
EDUCATION LAW MAY PROVIDE THE FOLLOWING SERVICES, PROVIDED THAT, EXCEPT
AS OTHERWISE PROVIDED IN PARAGRAPH B OF THIS SUBDIVISION, THE ENTITY WAS
IN EXISTENCE PRIOR TO THE EFFECTIVE DATE OF THIS SECTION AND HAS APPLIED
TO THE DEPARTMENT FOR A WAIVER PURSUANT TO THIS SECTION BY NO LATER THAN
FEBRUARY FIRST, TWO THOUSAND TWENTY-FOUR:
(I) SERVICES PROVIDED UNDER TITLE EIGHTEEN, TWENTY-FIVE OR TWENTY-NINE
OF THIS ARTICLE FOR WHICH LICENSURE WOULD BE REQUIRED, OR
(II) SERVICES CONSTITUTING THE PROVISION OF PSYCHOTHERAPY AS DEFINED
IN SUBDIVISION TWO OF SECTION EIGHTY-FOUR HUNDRED ONE OF THIS ARTICLE
AND AUTHORIZED AND PROVIDED UNDER TITLE TWO, TWELVE, OR SEVENTEEN OF
THIS ARTICLE.
SUCH SERVICES MAY BE PROVIDED EITHER DIRECTLY THROUGH THE ENTITY'S
EMPLOYEES OR INDIRECTLY BY CONTRACT WITH INDIVIDUALS OR PROFESSIONAL
ENTITIES DULY LICENSED, REGISTERED, OR AUTHORIZED TO PROVIDE SUCH
SERVICES.
B. THE DEPARTMENT MAY ISSUE A WAIVER ON OR AFTER JULY FIRST, TWO THOU-
SAND TWENTY-FOUR TO AN ENTITY WHICH WAS CREATED BEFORE, ON, OR AFTER THE
EFFECTIVE DATE OF THIS SECTION IF THERE IS A DEMONSTRATION OF NEED OF
THE ENTITY'S SERVICES SATISFACTORY TO THE DEPARTMENT.
C. AFTER THE COMMISSIONER PRESCRIBES THE APPLICATION FORM AND POSTS
NOTICE OF ITS AVAILABILITY ON THE DEPARTMENT'S WEBSITE, ANY ENTITY
DESCRIBED IN PARAGRAPH A OF THIS SUBDIVISION PROVIDING SERVICES ON THE
S. 4007--A 248 A. 3007--A
EFFECTIVE DATE OF THIS SECTION, MUST APPLY FOR A WAIVER NO LATER THAN
FEBRUARY FIRST, TWO THOUSAND TWENTY-FOUR. UPON SUBMISSION OF AN APPLICA-
TION, AN ENTITY MAY CONTINUE TO OPERATE AND PROVIDE SERVICES UNTIL THE
DEPARTMENT SHALL EITHER DENY OR APPROVE THE ENTITY'S APPLICATION. AFTER
THE DEPARTMENT RENDERS A TIMELY INITIAL DETERMINATION THAT THE APPLICANT
HAS SUBMITTED THE INFORMATION NECESSARY TO VERIFY THAT THE REQUIREMENTS
OF PARAGRAPHS D, E, AND F OF THIS SUBDIVISION ARE SATISFIED, APPLICA-
TIONS FOR WAIVERS SHALL BE APPROVED OR DENIED WITHIN NINETY DAYS;
PROVIDED HOWEVER, THAT IF THE WAIVER APPLICATION IS DENIED THE ENTITY
SHALL CEASE PROVIDING PROFESSIONAL SERVICES, PURSUANT TO PARAGRAPH A OF
THIS SUBDIVISION, IN THE STATE OF NEW YORK.
D. SUCH WAIVER SHALL PROVIDE THAT SERVICES RENDERED PURSUANT TO THIS
SECTION, DIRECTLY OR INDIRECTLY, SHALL BE PROVIDED ONLY BY A PERSON
APPROPRIATELY LICENSED TO PROVIDE SUCH SERVICES PURSUANT TO TITLE TWO,
TWELVE, SEVENTEEN, EIGHTEEN OR TWENTY-FIVE OF THIS ARTICLE, OR BY A
PERSON OTHERWISE AUTHORIZED TO PROVIDE SUCH SERVICES UNDER SUCH TITLES,
OR BY A PROFESSIONAL ENTITY AUTHORIZED BY LAW TO PROVIDE SUCH SERVICES.
E. AN APPLICATION FOR A WAIVER TO PROVIDE PROFESSIONAL SERVICES PURSU-
ANT TO THIS SECTION SHALL BE ON A FORM PRESCRIBED BY THE COMMISSIONER.
SUCH APPLICATION SHALL INCLUDE:
(I) THE NAME OF THE ENTITY,
(II) THE NAMES OF THE DIRECTORS AND OFFICERS OF SUCH ENTITY,
(III) A LISTING OF ANY OTHER JURISDICTIONS WHERE THE ENTITY MAY
PROVIDE SERVICES, AND
(IV) AN ATTESTATION MADE BY AN OFFICER AUTHORIZED BY THE ENTITY TO
MAKE SUCH ATTESTATION THAT IDENTIFIES THE SCOPE OF SERVICES TO BE
PROVIDED; INCLUDES A LIST OF PROFESSIONS UNDER THIS ARTICLE IN WHICH
PROFESSIONAL SERVICES WILL BE PROVIDED BY SUCH ENTITY; INCLUDES A STATE-
MENT THAT, UNLESS OTHERWISE AUTHORIZED BY LAW, THE ENTITY SHALL ONLY
PROVIDE PROFESSIONAL SERVICES AUTHORIZED UNDER THIS SECTION; INCLUDES A
STATEMENT THAT ONLY A LICENSED PROFESSIONAL, A PERSON OTHERWISE AUTHOR-
IZED TO PROVIDE SUCH SERVICES, OR A PROFESSIONAL ENTITY AUTHORIZED BY
LAW TO PROVIDE SUCH SERVICES SHALL PROVIDE SUCH PROFESSIONAL SERVICES AS
AUTHORIZED UNDER THIS SECTION; AND ATTESTS TO THE ADEQUACY OF THE ENTI-
TY'S FISCAL AND FINANCIAL RESOURCES TO PROVIDE SUCH SERVICES. SUCH
APPLICATION SHALL ALSO INCLUDE ANY OTHER INFORMATION RELATED TO THE
APPLICATION AS MAY BE REQUIRED BY THE DEPARTMENT.
F. EACH OFFICER AND DIRECTOR OF SUCH ENTITY SHALL PROVIDE AN ATTESTA-
TION REGARDING HIS OR HER GOOD MORAL CHARACTER AS REQUIRED PURSUANT TO
PARAGRAPH H OF THIS SUBDIVISION. THE COMMISSIONER SHALL BE FURTHER
AUTHORIZED TO PROMULGATE RULES OR REGULATIONS RELATING TO THE STANDARDS
OF THE WAIVER FOR ENTITIES PURSUANT TO THIS SECTION. SUCH REGULATIONS
SHALL INCLUDE STANDARDS RELATING TO THE ENTITY'S ABILITY TO PROVIDE
SERVICES, THE ENTITY'S MAINTENANCE OF PATIENT AND BUSINESS RECORDS, THE
ENTITY'S FISCAL POLICIES, AND SUCH OTHER STANDARDS AS MAY BE PRESCRIBED
BY THE COMMISSIONER.
G. THE ENTITY OPERATING PURSUANT TO A WAIVER SHALL DISPLAY, AT EACH
SITE WHERE PROFESSIONAL SERVICES ARE PROVIDED TO THE PUBLIC, A CERTIF-
ICATE OF SUCH WAIVER ISSUED BY THE DEPARTMENT PURSUANT TO THIS SECTION,
WHICH SHALL CONTAIN THE NAME OF THE ENTITY AND THE ADDRESS OF THE SITE.
SUCH ENTITIES SHALL OBTAIN FROM THE DEPARTMENT ADDITIONAL CERTIFICATES
FOR EACH SITE AT WHICH PROFESSIONAL SERVICES ARE PROVIDED TO THE PUBLIC.
EACH ENTITY SHALL BE REQUIRED TO RE-APPLY FOR A WAIVER EVERY THREE
YEARS. IF ANY INFORMATION SUPPLIED TO THE DEPARTMENT REGARDING THE ENTI-
TY SHALL CHANGE, THE ENTITY SHALL BE REQUIRED TO PROVIDE SUCH UPDATED
INFORMATION TO THE DEPARTMENT WITHIN SIXTY DAYS.
S. 4007--A 249 A. 3007--A
H. ENTITIES OPERATING UNDER A WAIVER PURSUANT TO THIS SECTION SHALL BE
UNDER THE SUPERVISION OF THE DEPARTMENT AND SHALL BE SUBJECT TO DISCI-
PLINARY PROCEEDINGS AND PENALTIES. THE WAIVERS FOR SUCH ENTITIES SHALL
BE SUBJECT TO SUSPENSION, REVOCATION OR ANNULMENT FOR CAUSE IN THE SAME
MANNER AND TO THE SAME EXTENT AS INDIVIDUALS AND PROFESSIONAL SERVICES
CORPORATIONS WITH RESPECT TO THEIR LICENSES, CERTIFICATES, AND REGISTRA-
TIONS, AS APPLICABLE, AS PROVIDED IN THIS ARTICLE RELATING TO THE APPLI-
CABLE PROFESSION. ALL OFFICERS AND DIRECTORS OF SUCH ENTITIES SHALL BE
OF GOOD MORAL CHARACTER. ENTITIES OPERATING PURSUANT TO A WAIVER AND
THEIR OFFICERS AND DIRECTORS SHALL BE ENTITLED TO THE SAME DUE PROCESS
PROCEDURES AS ARE PROVIDED TO SUCH INDIVIDUALS AND PROFESSIONAL SERVICES
CORPORATIONS. NO WAIVER ISSUED UNDER THIS SECTION SHALL BE TRANSFERABLE
OR ASSIGNABLE, AS SUCH TERMS ARE DEFINED IN THE REGULATIONS OF THE
COMMISSIONER.
I. AN ENTITY OPERATING PURSUANT TO A WAIVER SHALL NOT PRACTICE ANY
PROFESSION LICENSED PURSUANT TO THIS ARTICLE OR HOLD ITSELF OUT TO THE
PUBLIC AS AUTHORIZED TO PROVIDE PROFESSIONAL SERVICES PURSUANT TO THIS
ARTICLE EXCEPT AS SPECIFICALLY AUTHORIZED BY THIS SECTION OR AS OTHER-
WISE AUTHORIZED BY LAW.
2. NO WAIVER PURSUANT TO THIS SECTION SHALL BE REQUIRED OF:
A. ANY ENTITY OPERATED UNDER AN OPERATING CERTIFICATE APPROPRIATELY
ISSUED IN ACCORDANCE WITH ARTICLE SIXTEEN, THIRTY-ONE OR THIRTY-TWO OF
THE MENTAL HYGIENE LAW, ARTICLE TWENTY-EIGHT OF THIS CHAPTER, OR COMPA-
RABLE PROCEDURES BY A NEW YORK STATE OR FEDERAL AGENCY, POLITICAL SUBDI-
VISION, MUNICIPAL CORPORATION, OR LOCAL GOVERNMENT AGENCY OR UNIT, IN
ACCORDANCE WITH THE SCOPE OF THE AUTHORITY OF SUCH OPERATING CERTIF-
ICATE; OR
B. A UNIVERSITY FACULTY PRACTICE CORPORATION DULY INCORPORATED PURSU-
ANT TO THE NOT-FOR-PROFIT CORPORATION LAW; OR
C. AN INSTITUTION OF HIGHER EDUCATION AUTHORIZED TO PROVIDE A PROGRAM
LEADING TO LICENSURE IN A PROFESSION DEFINED UNDER TITLE TWO, TWELVE,
SEVENTEEN, EIGHTEEN, OR TWENTY-FIVE OF THIS ARTICLE, TO THE EXTENT THAT
THE SCOPE OF SUCH SERVICES IS LIMITED TO THE SERVICES AUTHORIZED TO BE
PROVIDED WITHIN SUCH REGISTERED PROGRAM; OR
D. AN INSTITUTION OF HIGHER EDUCATION PROVIDING COUNSELING ONLY TO THE
STUDENTS, STAFF, OR FAMILY MEMBERS OF STUDENTS AND STAFF OF SUCH INSTI-
TUTION; OR
E. ANY OTHER ENTITY AS MAY BE DEFINED IN THE REGULATIONS OF THE
COMMISSIONER, PROVIDED THAT SUCH ENTITY IS OTHERWISE AUTHORIZED TO
PROVIDE SUCH SERVICES PURSUANT TO LAW AND ONLY TO THE EXTENT SUCH
SERVICES ARE AUTHORIZED UNDER ANY CERTIFICATES OF INCORPORATION OR SUCH
OTHER ORGANIZING DOCUMENTS AS MAY BE APPLICABLE.
3. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO LIMIT THE AUTHORITY
OF ANOTHER STATE AGENCY TO CERTIFY, LICENSE, CONTRACT OR OTHERWISE
AUTHORIZE AN ENTITY APPLYING FOR A WAIVER PURSUANT TO THIS SECTION, IF
SUCH STATE AGENCY IS OTHERWISE AUTHORIZED UNDER ANOTHER PROVISION OF LAW
TO CERTIFY, LICENSE, CONTRACT OR AUTHORIZE SUCH AN ENTITY, NOR SHALL A
WAIVER PURSUANT TO THIS SECTION BE CONSTRUED TO PROVIDE AN EXEMPTION OF
SUCH ENTITY FROM ANY CERTIFICATION, LICENSURE, NEED TO CONTRACT OR ANY
OTHER SUCH REQUIREMENT ESTABLISHED BY SUCH STATE AGENCY OR UNDER ANY
OTHER PROVISION OF LAW. IF A STATE AGENCY DETERMINES THAT SUCH CERTIF-
ICATION, LICENSURE, CONTRACT OR OTHER AUTHORIZATION IS REQUIRED, A WAIV-
ER PURSUANT TO THIS SECTION SHALL NOT HAVE THE EFFECT OF AUTHORIZING THE
PROVISION OF PROFESSIONAL SERVICES UNDER THE JURISDICTION OF SUCH AGENCY
IN THE ABSENCE OF CERTIFICATION, LICENSURE, A CONTRACT OR OTHER AUTHORI-
ZATION FROM SUCH STATE AGENCY, AND THE DEPARTMENT SHALL CONSULT WITH
S. 4007--A 250 A. 3007--A
SUCH AGENCY REGARDING THE NEED FOR LICENSURE, CONTRACTING, CERTIFICATION
OR AUTHORIZATION. IN DETERMINING AN APPLICATION FOR A WAIVER PURSUANT TO
THIS SECTION, THE DEPARTMENT SHALL CONSIDER AS A FACTOR IN SUCH DETERMI-
NATION ANY DENIAL OF AN OPERATING CERTIFICATE OR OTHER AUTHORITY TO
PROVIDE THE SERVICES AUTHORIZED PURSUANT TO THIS SECTION BY A NEW YORK
STATE OR FEDERAL AGENCY, POLITICAL SUBDIVISION, MUNICIPAL CORPORATION,
OR LOCAL GOVERNMENT AGENCY OR UNIT, AND SHALL NOT APPROVE A WAIVER
APPLICATION AUTHORIZING AN ENTITY TO PROVIDE A PROGRAM OR SERVICES WHERE
THE ENTITY OPERATED SUCH A PROGRAM OR PROVIDED SUCH SERVICES FOR WHICH
AN OPERATING CERTIFICATE OR LICENSE IS PENDING, WAS DISAPPROVED OR WAS
REVOKED, OR A WRITTEN AUTHORIZATION OR CONTRACT WAS TERMINATED FOR
CAUSE, BY ONE OF SUCH AGENCIES, EXCEPT UPON APPROVAL OF SUCH ACTION BY
THE APPROPRIATE STATE AGENCY. SUCH STATE AGENCIES SHALL NOTIFY THE
DEPARTMENT, UPON REQUEST AND WITHIN A FIFTEEN DAY PERIOD, WHETHER A
WAIVER APPLICANT HAS BEEN SUBJECT TO SUCH DISAPPROVAL, REVOCATION OR
TERMINATION FOR CAUSE OR HAS A PENDING APPLICATION FOR A LICENSE OR
OPERATING CERTIFICATE.
4. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO LIMIT THE AUTHORITY
OF THE FOLLOWING ENTITIES TO PROVIDE PROFESSIONAL SERVICES THEY ARE
AUTHORIZED BY LAW TO PROVIDE:
A. ANY APPROPRIATELY ORGANIZED PROFESSIONAL ENTITY, INCLUDING, BUT NOT
LIMITED TO, THOSE ESTABLISHED UNDER THE BUSINESS CORPORATION LAW, THE
LIMITED LIABILITY COMPANY LAW OR THE PARTNERSHIP LAW; OR
B. ANY ENTITY OPERATED BY A NEW YORK STATE OR FEDERAL AGENCY, POLI-
TICAL SUBDIVISION, MUNICIPAL CORPORATION, OR LOCAL GOVERNMENT AGENCY OR
UNIT PURSUANT TO AUTHORITY GRANTED BY LAW, INCLUDING BUT NOT LIMITED TO
ANY ENTITY OPERATED BY THE OFFICE OF MENTAL HEALTH, THE OFFICE FOR
PEOPLE WITH DEVELOPMENTAL DISABILITIES, OR THE OFFICE OF ALCOHOLISM AND
SUBSTANCE ABUSE SERVICES UNDER ARTICLES SEVEN, THIRTEEN, AND NINETEEN OF
THE MENTAL HYGIENE LAW, RESPECTIVELY.
5. FOR THE PURPOSES OF THIS SECTION, "PROFESSIONAL ENTITY" SHALL MEAN
AND INCLUDE SOLE PROPRIETORSHIPS AND ANY PROFESSIONAL SERVICES ORGANIZA-
TION ESTABLISHED PURSUANT TO ARTICLE FIFTEEN OF THE BUSINESS CORPORATION
LAW, ARTICLE TWELVE OF THE LIMITED LIABILITY COMPANY LAW AND SECTION TWO
AND ARTICLE EIGHT-B OF THE PARTNERSHIP LAW.
§ 6503-B. WAIVER FOR CERTAIN SPECIAL EDUCATION SCHOOLS AND EARLY
INTERVENTION AGENCIES. 1. DEFINITIONS. AS USED IN THIS SECTION THE
FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
A. "SPECIAL EDUCATION SCHOOL" MEANS AN APPROVED PROGRAM AS DEFINED IN
PARAGRAPH B OF SUBDIVISION ONE OF SECTION FORTY-FOUR HUNDRED TEN OF THE
EDUCATION LAW THAT MEETS THE REQUIREMENTS OF PARAGRAPH B OF SUBDIVISION
SIX OF SUCH SECTION; AN APPROVED PRIVATE NON-RESIDENTIAL OR RESIDENTIAL
SCHOOL FOR THE EDUCATION OF STUDENTS WITH DISABILITIES THAT IS LOCATED
WITHIN THE STATE; A CHILD CARE INSTITUTION AS DEFINED IN SECTION FOUR
THOUSAND ONE OF THE EDUCATION LAW THAT OPERATES A PRIVATE SCHOOL FOR THE
EDUCATION OF STUDENTS WITH DISABILITIES OR AN INSTITUTION FOR THE DEAF
OR BLIND OPERATING PURSUANT TO ARTICLE EIGHTY-FIVE OF THE EDUCATION LAW
THAT EITHER: (I) CONDUCTS A MULTI-DISCIPLINARY EVALUATION FOR PURPOSES
OF ARTICLES EIGHTY-ONE OR EIGHTY-NINE OF THE EDUCATION LAW THAT INVOLVES
THE PRACTICE OF ONE OR MORE PROFESSIONS FOR WHICH A LICENSE IS REQUIRED
PURSUANT TO THIS ARTICLE AND NO EXCEPTION FROM CORPORATE PRACTICE
RESTRICTIONS APPLIES, OR
(II) PROVIDES RELATED SERVICES TO STUDENTS ENROLLED IN THE SCHOOL OR
APPROVED PROGRAM THAT INVOLVES THE PRACTICE OF ONE OR MORE PROFESSIONS
FOR WHICH A LICENSE IS REQUIRED PURSUANT TO THIS ARTICLE AND NO EXCEP-
TION FROM PRACTICE RESTRICTIONS APPLIES. SUCH TERM SHALL NOT INCLUDE A
S. 4007--A 251 A. 3007--A
SCHOOL DISTRICT, BOARD OF COOPERATIVE EDUCATIONAL SERVICES, MUNICI-
PALITY, STATE AGENCY OR OTHER PUBLIC ENTITY. NOTHING IN THIS SECTION
SHALL BE CONSTRUED TO REQUIRE A CHILD CARE INSTITUTION THAT CONDUCTS
MULTI-DISCIPLINARY EVALUATIONS OR PROVIDES RELATED SERVICES THROUGH AN
APPROVED PRIVATE NONRESIDENTIAL SCHOOL OPERATED BY SUCH CHILD CARE
INSTITUTION TO OBTAIN A WAIVER, PROVIDED THAT SUCH SCHOOL OBTAINS A
WAIVER PURSUANT TO THIS SECTION.
B. "EARLY INTERVENTION AGENCY" MEANS AN AGENCY WHICH IS APPROVED OR IS
SEEKING APPROVAL IN ACCORDANCE WITH TITLE TWO-A OF ARTICLE TWENTY-FIVE
OF THIS CHAPTER TO DELIVER EARLY INTERVENTION PROGRAM MULTI-DISCIPLINARY
EVALUATIONS, SERVICE COORDINATION SERVICES AND EARLY INTERVENTION
PROGRAM SERVICES, AND IS LAWFULLY OPERATED AS A SOLE PROPRIETORSHIP OR
BY A PARTNERSHIP, NOT-FOR-PROFIT CORPORATION, EDUCATION CORPORATION,
BUSINESS CORPORATION, A LIMITED LIABILITY COMPANY OR PROFESSIONAL
SERVICES ORGANIZATION ESTABLISHED PURSUANT TO ARTICLE FIFTEEN OF THE
BUSINESS CORPORATION LAW, ARTICLE TWELVE OR THIRTEEN OF THE LIMITED
LIABILITY COMPANY LAW OR ARTICLE EIGHT-B OF THE PARTNERSHIP LAW.
C. "EARLY INTERVENTION PROGRAM SERVICES" MEANS EARLY INTERVENTION
SERVICES AS DEFINED IN SUBDIVISION SEVEN OF SECTION TWENTY-FIVE HUNDRED
FORTY-ONE OF THIS CHAPTER THAT ARE PROVIDED UNDER THE EARLY INTERVENTION
PROGRAM AND AUTHORIZED IN AN ELIGIBLE CHILD'S INDIVIDUALIZED FAMILY
SERVICES PLAN.
D. "MULTI-DISCIPLINARY EVALUATION" FOR PURPOSES OF A SPECIAL EDUCATION
SCHOOL MEANS A MULTI-DISCIPLINARY EVALUATION OF A PRESCHOOL CHILD
SUSPECTED OF HAVING A DISABILITY OR A PRESCHOOL CHILD WITH A DISABILITY
THAT IS CONDUCTED PURSUANT TO SECTION FORTY-FOUR HUNDRED TEN OF THE
EDUCATION LAW OR AN EVALUATION OF A SCHOOL-AGE CHILD SUSPECTED OF HAVING
A DISABILITY OR WITH A DISABILITY WHICH IS CONDUCTED BY A CHILD CARE
INSTITUTION THAT OPERATES A SPECIAL EDUCATION SCHOOL OR THE SPECIAL
EDUCATION SCHOOL OPERATED BY SUCH INSTITUTION PURSUANT TO SUBDIVISION
THREE OF SECTION FOUR THOUSAND TWO OF THE EDUCATION LAW OR BY AN INSTI-
TUTION FOR THE DEAF OR BLIND OPERATING PURSUANT TO ARTICLE EIGHTY-FIVE
OF THE EDUCATION LAW OR AN EVALUATION OF A SCHOOL-AGE CHILD SUSPECTED OF
HAVING A DISABILITY OR WITH A DISABILITY THAT IS AUTHORIZED TO BE
CONDUCTED BY A SPECIAL EDUCATION SCHOOL PURSUANT TO ANY OTHER PROVISION
OF THE EDUCATION LAW AND THE REGULATIONS OF THE COMMISSIONER OF EDUCA-
TION FOR PURPOSES OF IDENTIFICATION OF THE CHILD AS A CHILD WITH A DISA-
BILITY OR THE DEVELOPMENT OF AN INDIVIDUALIZED EDUCATION PROGRAM FOR THE
CHILD.
E. "MULTI-DISCIPLINARY EVALUATION" FOR PURPOSES OF THE EARLY INTER-
VENTION PROGRAM MEANS A PROFESSIONAL, OBJECTIVE ASSESSMENT CONDUCTED BY
APPROPRIATELY QUALIFIED PERSONNEL IN ACCORDANCE WITH SECTION TWENTY-FIVE
HUNDRED FORTY-FOUR OF THIS CHAPTER AND ITS IMPLEMENTING REGULATIONS TO
DETERMINE A CHILD'S ELIGIBILITY FOR EARLY INTERVENTION PROGRAM SERVICES.
F. "RELATED SERVICES" MEANS RELATED SERVICES AS DEFINED IN PARAGRAPH G
OF SUBDIVISION TWO OF SECTION FOUR THOUSAND TWO, PARAGRAPH K OF SUBDIVI-
SION TWO OF SECTION FORTY-FOUR HUNDRED ONE, OR PARAGRAPH J OF SUBDIVI-
SION ONE OF SECTION FORTY-FOUR HUNDRED TEN OF THE EDUCATION LAW PROVIDED
TO A CHILD WITH A DISABILITY PURSUANT TO SUCH CHILD'S INDIVIDUALIZED
EDUCATION PROGRAM.
2. WAIVER. A. NO SPECIAL EDUCATION SCHOOL MAY EMPLOY INDIVIDUALS
LICENSED PURSUANT TO THIS TITLE TO CONDUCT COMPONENTS OF A MULTI-DISCI-
PLINARY EVALUATION OF A CHILD WITH A DISABILITY OR A CHILD SUSPECTED OF
HAVING A DISABILITY OR TO PROVIDE RELATED SERVICES TO CHILDREN WITH
DISABILITIES ENROLLED IN THE SCHOOL, AND NO SPECIAL EDUCATION SCHOOL MAY
PROVIDE SUCH AN EVALUATION COMPONENT OR RELATED SERVICES BY CONTRACT
S. 4007--A 252 A. 3007--A
WITH AN INDIVIDUAL LICENSED OR OTHERWISE AUTHORIZED TO PRACTICE PURSUANT
TO THIS TITLE OR WITH AN ENTITY AUTHORIZED BY LAW TO PROVIDE SUCH
PROFESSIONAL SERVICES, UNLESS SUCH SCHOOL OBTAINS A WAIVER PURSUANT TO
THIS SECTION. ALL SPECIAL EDUCATION SCHOOLS APPROVED BY THE COMMISSIONER
AS OF THE EFFECTIVE DATE OF THIS SECTION SHALL BE DEEMED OPERATING UNDER
A WAIVER PURSUANT TO THIS SECTION FOR A PERIOD COMMENCING ON SUCH EFFEC-
TIVE DATE AND ENDING ON JULY FIRST, TWO THOUSAND THIRTEEN.
B. NO EARLY INTERVENTION AGENCY MAY EMPLOY OR CONTRACT WITH INDIVID-
UALS LICENSED PURSUANT TO THIS TITLE OR WITH A NOT-FOR-PROFIT CORPO-
RATION, EDUCATION CORPORATION, BUSINESS CORPORATION, LIMITED LIABILITY
COMPANY, OR A PROFESSIONAL SERVICES ORGANIZATION ESTABLISHED PURSUANT TO
ARTICLE FIFTEEN OF THE BUSINESS CORPORATION LAW, ARTICLE TWELVE OR THIR-
TEEN OF THE LIMITED LIABILITY COMPANY LAW OR ARTICLE EIGHT-B OF THE
PARTNERSHIP LAW, TO CONDUCT AN EARLY INTERVENTION PROGRAM MULTI-DISCI-
PLINARY EVALUATION, PROVIDE SERVICE COORDINATION SERVICES OR EARLY
INTERVENTION PROGRAM SERVICES UNLESS SUCH AGENCY HAS OBTAINED A WAIVER
PURSUANT TO THIS SECTION AND HAS BEEN APPROVED IN ACCORDANCE WITH TITLE
TWO-A OF ARTICLE TWENTY-FIVE OF THIS CHAPTER AS AN EARLY INTERVENTION
PROGRAM PROVIDER. ALL EARLY INTERVENTION AGENCIES APPROVED AS OF THE
EFFECTIVE DATE OF THIS SECTION SHALL BE DEEMED TO BE OPERATING UNDER A
WAIVER PURSUANT TO THIS SECTION FOR A PERIOD COMMENCING ON SUCH EFFEC-
TIVE DATE AND ENDING ON JULY FIRST, TWO THOUSAND THIRTEEN. NOTHING IN
THIS SECTION SHALL BE CONSTRUED TO REQUIRE AN EARLY INTERVENTION AGENCY
TO OPERATE UNDER A WAIVER IN ACCORDANCE WITH THIS SECTION PROVIDED THAT
IT IS OTHERWISE AUTHORIZED BY LAW TO PROVIDE THE APPLICABLE PROFESSIONAL
SERVICES.
3. OBTAINING A WAIVER. A. A SPECIAL EDUCATION SCHOOL AND EARLY INTER-
VENTION AGENCY SHALL OBTAIN AN APPLICATION FOR A WAIVER ON A FORM
PRESCRIBED BY THE DEPARTMENT. THE DEPARTMENT MAY ISSUE A WAIVER ON OR
AFTER JULY FIRST, TWO THOUSAND THIRTEEN TO AN ENTITY WHICH WAS CREATED
BEFORE, ON OR AFTER THE EFFECTIVE DATE OF THIS SECTION IF THERE IS
DEMONSTRATION OF NEED OF THE ENTITY'S SERVICES SATISFACTORY TO THE
DEPARTMENT. THE APPLICATION FOR AN INITIAL WAIVER SHALL BE ACCOMPANIED
BY A FEE OF THREE HUNDRED FORTY-FIVE DOLLARS. WHERE THE APPLICANT SIMUL-
TANEOUSLY APPLIES FOR A WAIVER AS A SPECIAL EDUCATION SCHOOL AND EARLY
INTERVENTION AGENCY THE TOTAL WAIVER FEE SHALL BE THREE HUNDRED FORTY-
FIVE DOLLARS.
B. WITHIN ONE HUNDRED TWENTY DAYS AFTER THE COMMISSIONER PRESCRIBES
THE APPLICATION FORM AND POSTS NOTICE OF ITS AVAILABILITY ON THE DEPART-
MENT'S WEBSITE, A SPECIAL EDUCATION SCHOOL OR EARLY INTERVENTION AGENCY
MUST APPLY FOR A WAIVER. UPON SUBMISSION OF SUCH APPLICATION, THE SCHOOL
OR AGENCY MAY CONTINUE TO OPERATE AND PROVIDE SERVICES UNTIL THE DEPART-
MENT SHALL EITHER DENY OR APPROVE THE APPLICATION. AFTER THE DEPARTMENT
RENDERS A TIMELY INITIAL DETERMINATION THAT THE APPLICANT HAS SUBMITTED
THE INFORMATION NECESSARY TO VERIFY THAT THE REQUIREMENTS OF PARAGRAPHS
C, D AND E OF THIS SUBDIVISION ARE SATISFIED, APPLICATIONS FOR WAIVERS
SHALL BE APPROVED OR DENIED WITHIN NINETY DAYS, PROVIDED HOWEVER THAT IF
THE WAIVER APPLICATION IS DENIED THE SCHOOL OR AGENCY SHALL CEASE
PROVIDING SERVICES PURSUANT TO THIS SUBDIVISION IN THE STATE OF NEW
YORK.
C. SUCH WAIVER SHALL PROVIDE THAT SERVICES RENDERED PURSUANT TO THIS
SECTION, DIRECTLY OR INDIRECTLY, SHALL BE PROVIDED ONLY BY A PERSON
APPROPRIATELY LICENSED TO PROVIDE SUCH SERVICES, EXCEPT AS OTHERWISE
PROVIDED IN LAW, TO PROVIDE SUCH SERVICES OR BY A PROFESSIONAL SERVICES
ENTITY AUTHORIZED BY LAW TO PROVIDE SUCH SERVICES.
S. 4007--A 253 A. 3007--A
D. AN APPLICATION FOR A WAIVER TO PROVIDE PROFESSIONAL SERVICES PURSU-
ANT TO THIS SECTION SHALL BE ON A FORM PRESCRIBED BY THE COMMISSIONER.
SUCH APPLICATION SHALL INCLUDE: (I) THE NAME OF THE SPECIAL EDUCATION
SCHOOL OR EARLY INTERVENTION AGENCY; (II) THE NAMES OF THE DIRECTORS OR
TRUSTEES AND OFFICERS OF SUCH SCHOOL OR AGENCY; (III) A LISTING OF ANY
OTHER JURISDICTIONS WHERE SUCH SCHOOL OR AGENCY MAY PROVIDE SERVICES;
AND (IV) AN ATTESTATION MADE BY AN OFFICER AUTHORIZED BY SUCH SCHOOL OR
AGENCY TO MAKE SUCH ATTESTATION THAT IDENTIFIES THE SCOPE OF SERVICES TO
BE PROVIDED; INCLUDES A LIST OF PROFESSIONS UNDER THIS ARTICLE IN WHICH
PROFESSIONAL SERVICES WILL BE PROVIDED BY SUCH SCHOOL OR AGENCY;
INCLUDES A STATEMENT THAT, UNLESS OTHERWISE AUTHORIZED BY LAW, THE
SCHOOL OR AGENCY SHALL ONLY PROVIDE SERVICES AUTHORIZED UNDER THIS
SECTION; INCLUDES A STATEMENT THAT ONLY A LICENSED PROFESSIONAL, A
PERSON OTHERWISE AUTHORIZED TO PROVIDE SUCH SERVICES, OR A PROFESSIONAL
SERVICES ENTITY AUTHORIZED BY LAW TO PROVIDE SUCH SERVICES SHALL PROVIDE
SUCH SERVICES AS AUTHORIZED UNDER THIS SECTION; AND ATTESTS TO THE
ADEQUACY OF THE SCHOOL'S OR AGENCY'S FISCAL AND FINANCIAL RESOURCES TO
PROVIDE SUCH SERVICES. SUCH APPLICATION SHALL ALSO INCLUDE ANY OTHER
INFORMATION RELATED TO THE APPLICATION AS MAY BE REQUIRED BY THE DEPART-
MENT. A SCHOOL OR AGENCY WITH AN APPROVED WAIVER MAY APPLY, ON A FORM
PRESCRIBED BY THE COMMISSIONER, TO AMEND THE WAIVER TO ADD ADDITIONAL
PROFESSIONAL SERVICES.
E. EACH OFFICER, TRUSTEE AND DIRECTOR OF SUCH SCHOOL OR AGENCY SHALL
PROVIDE AN ATTESTATION REGARDING HIS OR HER GOOD MORAL CHARACTER AS
REQUIRED PURSUANT TO PARAGRAPH G OF THIS SUBDIVISION. THE COMMISSIONER
SHALL BE FURTHER AUTHORIZED TO PROMULGATE RULES OR REGULATIONS RELATING
TO THE STANDARDS OF THE WAIVER FOR SPECIAL EDUCATION SCHOOLS AND EARLY
INTERVENTION AGENCIES PURSUANT TO THIS SECTION. SUCH REGULATIONS SHALL
INCLUDE STANDARDS RELATING TO THE SCHOOL'S OR AGENCY'S ABILITY TO
PROVIDE SERVICES, THE SCHOOL'S OR AGENCY'S MAINTENANCE OF STUDENT OR
CLIENT AND BUSINESS RECORDS, THE SCHOOL'S OR AGENCY'S FISCAL POLICIES,
AND SUCH OTHER STANDARDS AS MAY BE PRESCRIBED BY THE COMMISSIONER.
F. THE SPECIAL EDUCATION SCHOOL OR EARLY INTERVENTION AGENCY OPERATING
PURSUANT TO A WAIVER SHALL DISPLAY, AT EACH SITE WHERE SERVICES ARE
PROVIDED TO THE PUBLIC, A CERTIFICATE OF SUCH WAIVER ISSUED BY THE
DEPARTMENT PURSUANT TO THIS SECTION, WHICH SHALL CONTAIN THE NAME OF THE
SCHOOL OR AGENCY AND THE ADDRESS OF THE SITE. SUCH SCHOOLS OR AGENCIES
SHALL OBTAIN FROM THE DEPARTMENT ADDITIONAL CERTIFICATES FOR EACH SITE
AT WHICH PROFESSIONAL SERVICES ARE PROVIDED TO THE PUBLIC. EACH SCHOOL
OR AGENCY SHALL BE REQUIRED TO RE-APPLY FOR A WAIVER EVERY THREE YEARS.
AN EARLY INTERVENTION AGENCY'S WAIVER SHALL NOT BE RENEWED UNLESS THE
AGENCY IS APPROVED TO PROVIDE EARLY INTERVENTION PROGRAM MULTI-DISCIPLI-
NARY EVALUATIONS, SERVICE COORDINATION OR EARLY INTERVENTION PROGRAM
SERVICES IN ACCORDANCE WITH TITLE TWO-A OF ARTICLE TWENTY-FIVE OF THIS
CHAPTER. EXCEPT AS OTHERWISE PROVIDED IN SUBDIVISION FOUR OF THIS
SECTION, IF ANY INFORMATION SUPPLIED TO THE DEPARTMENT REGARDING THE
SCHOOL OR AGENCY SHALL CHANGE, THE SCHOOL OR AGENCY SHALL BE REQUIRED TO
PROVIDE SUCH UPDATED INFORMATION TO THE DEPARTMENT WITHIN SIXTY DAYS.
G. ALL OFFICERS, TRUSTEES AND DIRECTORS OF SUCH SCHOOLS OR AGENCIES
SHALL BE OF GOOD MORAL CHARACTER. SCHOOLS OR AGENCIES OPERATING PURSUANT
TO A WAIVER AND THEIR OFFICERS AND DIRECTORS SHALL BE ENTITLED TO THE
SAME DUE PROCESS PROCEDURES AS ARE PROVIDED TO SUCH INDIVIDUALS AND
PROFESSIONAL SERVICES CORPORATIONS. NO WAIVER ISSUED UNDER THIS SECTION
SHALL BE TRANSFERABLE OR ASSIGNABLE; AS SUCH TERMS ARE DEFINED IN THE
REGULATIONS OF THE COMMISSIONER.
S. 4007--A 254 A. 3007--A
4. RENEWAL OF WAIVER. ALL SPECIAL EDUCATION SCHOOL AND EARLY INTER-
VENTION AGENCY WAIVERS SHALL BE RENEWED ON DATES SET BY THE DEPARTMENT.
THE TRIENNIAL WAIVER FEE SHALL BE TWO HUNDRED SIXTY DOLLARS OR A PRO-
RATED PORTION THEREOF AS DETERMINED BY THE DEPARTMENT. AN EARLY INTER-
VENTION AGENCY'S WAIVER SHALL NOT BE RENEWED UNLESS THE AGENCY IS
APPROVED TO PROVIDE EARLY INTERVENTION PROGRAM MULTI-DISCIPLINARY EVALU-
ATIONS, SERVICE COORDINATION NOR EARLY INTERVENTION PROGRAM SERVICES IN
ACCORDANCE WITH TITLE TWO-A OF ARTICLE TWENTY-FIVE OF THIS CHAPTER.
5. CHANGE OF LOCATION. IN THE EVENT THAT A CHANGE IN THE LOCATION OF
THE CHIEF ADMINISTRATIVE OFFICES OF A SPECIAL EDUCATION SCHOOL OR EARLY
INTERVENTION AGENCY IS CONTEMPLATED, THE OWNER SHALL NOTIFY THE OFFICE
OF PROFESSIONS OF THE DEPARTMENT OF THE CHANGE OF LOCATION AT LEAST
THIRTY DAYS PRIOR TO RELOCATION.
6. PROFESSIONAL PRACTICE. A. NOTWITHSTANDING ANY OTHER PROVISION OF
LAW TO THE CONTRARY, A SPECIAL EDUCATION SCHOOL OPERATING UNDER A WAIVER
MAY EMPLOY INDIVIDUALS LICENSED OR OTHERWISE AUTHORIZED TO PRACTICE ANY
PROFESSION PURSUANT TO THIS TITLE TO CONDUCT COMPONENTS OF A MULTI-DIS-
CIPLINARY EVALUATION OF A CHILD WITH A DISABILITY OR A CHILD SUSPECTED
OF HAVING A DISABILITY OR TO PROVIDE RELATED SERVICES TO CHILDREN WITH
DISABILITIES ENROLLED IN THE SCHOOL OR MAY PROVIDE COMPONENTS OF SUCH AN
EVALUATION OR SUCH RELATED SERVICES BY CONTRACT WITH AN INDIVIDUAL
LICENSED OR OTHERWISE AUTHORIZED TO PRACTICE PURSUANT TO THIS TITLE OR A
NOT-FOR-PROFIT CORPORATION, EDUCATION CORPORATION, BUSINESS CORPORATION,
LIMITED LIABILITY COMPANY OR PROFESSIONAL SERVICES ORGANIZATION ESTAB-
LISHED PURSUANT TO ARTICLE FIFTEEN OF THE BUSINESS CORPORATION LAW,
ARTICLE TWELVE OR THIRTEEN OF THE LIMITED LIABILITY COMPANY LAW OR ARTI-
CLE EIGHT-B OF THE PARTNERSHIP LAW AUTHORIZED BY LAW TO PROVIDE THE
APPLICABLE PROFESSIONAL SERVICES.
B. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, AN
EARLY INTERVENTION AGENCY OPERATING UNDER A WAIVER THAT IS APPROVED IN
ACCORDANCE WITH TITLE TWO-A OF ARTICLE TWENTY-FIVE OF THIS CHAPTER MAY
EMPLOY OR CONTRACT WITH INDIVIDUALS LICENSED OR OTHERWISE AUTHORIZED TO
PRACTICE ANY PROFESSION PURSUANT TO THIS TITLE OR WITH A NOT-FOR-PROFIT
CORPORATION, EDUCATION CORPORATION, BUSINESS CORPORATION, LIMITED
LIABILITY COMPANY OR PROFESSIONAL SERVICES ORGANIZATION ESTABLISHED
PURSUANT TO ARTICLE FIFTEEN OF THE BUSINESS CORPORATION LAW, ARTICLE
TWELVE OR THIRTEEN OF THE LIMITED LIABILITY COMPANY LAW OR ARTICLE
EIGHT-B OF THE PARTNERSHIP LAW AUTHORIZED TO CONDUCT EARLY INTERVENTION
PROGRAM MULTI-DISCIPLINARY EVALUATIONS, PROVIDE SERVICE COORDINATION
SERVICES AND EARLY INTERVENTION PROGRAM SERVICES.
C. A SPECIAL EDUCATION SCHOOL OR EARLY INTERVENTION AGENCY OPERATING
UNDER A WAIVER SHALL NOT PRACTICE ANY PROFESSION LICENSED PURSUANT TO
THIS ARTICLE OR HOLD ITSELF OUT TO THE PUBLIC AS AUTHORIZED TO PROVIDE
PROFESSIONAL SERVICES PURSUANT TO THIS ARTICLE EXCEPT AS AUTHORIZED BY
THIS SECTION OR OTHERWISE AUTHORIZED BY LAW.
7. SUPERVISION OF PROFESSIONAL PRACTICE. A SPECIAL EDUCATION SCHOOL OR
EARLY INTERVENTION AGENCY SHALL BE UNDER THE SUPERVISION OF THE DEPART-
MENT AND BE SUBJECT TO DISCIPLINARY PROCEEDINGS AND PENALTIES. A SPECIAL
EDUCATION SCHOOL OR EARLY INTERVENTION AGENCY OPERATING UNDER A WAIVER
SHALL BE SUBJECT TO SUSPENSION, REVOCATION OR ANNULMENT OF THE WAIVER
FOR CAUSE, IN THE SAME MANNER AND TO THE SAME EXTENT AS IS PROVIDED WITH
RESPECT TO INDIVIDUALS AND THEIR LICENSES, CERTIFICATES, AND REGISTRA-
TIONS IN THE PROVISIONS OF THIS ARTICLE RELATING TO THE APPLICABLE
PROFESSION. NOTWITHSTANDING THE PROVISIONS OF THIS SUBDIVISION, A
SPECIAL EDUCATION SCHOOL OR EARLY INTERVENTION AGENCY THAT CONDUCTS OR
CONTRACTS FOR A COMPONENT OF A MULTI-DISCIPLINARY EVALUATION THAT
S. 4007--A 255 A. 3007--A
INVOLVES THE PRACTICE OF MEDICINE SHALL BE SUBJECT TO THE PRE-HEARING
PROCEDURES AND HEARING PROCEDURES AS IS PROVIDED WITH RESPECT TO INDI-
VIDUAL PHYSICIANS AND THEIR LICENSES IN TITLE TWO-A OF ARTICLE TWO OF
THIS CHAPTER. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRA-
RY, UPON REVOCATION OR OTHER TERMINATION BY THE COMMISSIONER OF APPROVAL
OF THE SPECIAL EDUCATION SCHOOL PURSUANT TO ARTICLE EIGHTY-NINE OF THE
EDUCATION LAW AND THE REGULATIONS OF THE COMMISSIONER IMPLEMENTING SUCH
ARTICLE OR TERMINATION OF THE EARLY INTERVENTION AGENCY PURSUANT TO
TITLE TWO-A OF ARTICLE TWENTY-FIVE OF THIS CHAPTER AND IMPLEMENTING
REGULATIONS BY THE COMMISSIONER PURSUANT TO SUBDIVISION EIGHTEEN OF
SECTION FORTY-FOUR HUNDRED THREE OF THE EDUCATION LAW, THE SCHOOL'S OR
EARLY INTERVENTION AGENCY'S WAIVER PURSUANT TO THIS SECTION SHALL BE
DEEMED REVOKED AND ANNULLED.
§ 6504. REGULATION OF THE PROFESSIONS. ADMISSION TO THE PRACTICE OF
THE PROFESSIONS, LICENSING AND REGULATION OF SUCH PRACTICE SHALL BE
SUPERVISED AND ADMINISTERED BY THE DEPARTMENT, ASSISTED BY A STATE BOARD
FOR EACH PROFESSION.
§ 6505. CONSTRUCTION. NO DEFINITION OF THE PRACTICE OF A PROFESSION
SHALL BE CONSTRUED TO RESTRAIN OR RESTRICT THE PERFORMANCE OF SIMILAR
ACTS AUTHORIZED IN THE DEFINITION OF OTHER PROFESSIONS.
§ 6505-A. PROFESSIONAL REFERRALS. THERE SHALL BE NO MONETARY LIABILITY
ON THE PART OF, AND NO CAUSE OF ACTION FOR DAMAGES SHALL ARISE AGAINST,
ANY ASSOCIATION OR SOCIETY OF PROFESSIONALS AUTHORIZED TO PRACTICE UNDER
THIS ARTICLE, OR ANY EMPLOYEE, AGENT, OR MEMBER THEREOF, FOR REFERRING
ANY PERSON TO A MEMBER OF THE PROFESSION REPRESENTED BY SUCH ASSOCIATION
OR SOCIETY PROVIDED THAT SUCH REFERRAL WAS MADE WITHOUT CHARGE AS A
SERVICE TO THE PUBLIC, AND WITHOUT MALICE, AND IN THE REASONABLE BELIEF
THAT SUCH REFERRAL WAS WARRANTED, BASED UPON THE FACTS DISCLOSED.
§ 6505-B. COURSE WORK OR TRAINING IN INFECTION CONTROL PRACTICES. 1.
EVERY DENTIST, REGISTERED NURSE, LICENSED PRACTICAL NURSE, PODIATRIST,
OPTOMETRIST AND DENTAL HYGIENIST PRACTICING IN THE STATE SHALL, ON OR
BEFORE JULY FIRST, NINETEEN HUNDRED NINETY-FOUR AND EVERY FOUR YEARS
THEREAFTER, COMPLETE COURSE WORK OR TRAINING APPROPRIATE TO THE PROFES-
SIONAL'S PRACTICE APPROVED BY THE DEPARTMENT REGARDING INFECTION
CONTROL, WHICH SHALL INCLUDE SEPSIS, AND BARRIER PRECAUTIONS, INCLUDING
ENGINEERING AND WORK PRACTICE CONTROLS, IN ACCORDANCE WITH REGULATORY
STANDARDS PROMULGATED BY THE DEPARTMENT, IN CONSULTATION WITH THE
DEPARTMENT OF EDUCATION, WHICH SHALL BE CONSISTENT, AS FAR AS APPROPRI-
ATE, WITH SUCH STANDARDS ADOPTED BY THE DEPARTMENT PURSUANT TO SECTION
TWO HUNDRED THIRTY-NINE OF THIS CHAPTER TO PREVENT THE TRANSMISSION OF
HIV, HBV, HCV AND INFECTIONS THAT COULD LEAD TO SEPSIS IN THE COURSE OF
PROFESSIONAL PRACTICE. EACH SUCH PROFESSIONAL SHALL DOCUMENT TO THE
DEPARTMENT AT THE TIME OF REGISTRATION COMMENCING WITH THE FIRST REGIS-
TRATION AFTER JULY FIRST, NINETEEN HUNDRED NINETY-FOUR THAT THE PROFES-
SIONAL HAS COMPLETED COURSE WORK OR TRAINING IN ACCORDANCE WITH THIS
SECTION, PROVIDED, HOWEVER THAT A PROFESSIONAL SUBJECT TO THE PROVISIONS
OF PARAGRAPH (F) OF SUBDIVISION ONE OF SECTION TWENTY-EIGHT HUNDRED
FIVE-K OF THIS CHAPTER SHALL NOT BE REQUIRED TO SO DOCUMENT. THE
DEPARTMENT SHALL PROVIDE AN EXEMPTION FROM THIS REQUIREMENT TO ANYONE
WHO REQUESTS SUCH AN EXEMPTION AND WHO:
A. CLEARLY DEMONSTRATES TO THE DEPARTMENT'S SATISFACTION THAT THERE
WOULD BE NO NEED FOR HIM OR HER TO COMPLETE SUCH COURSE WORK OR TRAINING
BECAUSE OF THE NATURE OF HIS OR HER PRACTICE; OR
B. THAT HE OR SHE HAS COMPLETED COURSE WORK OR TRAINING DEEMED BY THE
DEPARTMENT TO BE EQUIVALENT TO THE COURSE WORK OR TRAINING APPROVED BY
THE DEPARTMENT PURSUANT TO THIS SECTION.
S. 4007--A 256 A. 3007--A
2. THE DEPARTMENT SHALL CONSULT WITH ORGANIZATIONS REPRESENTATIVE OF
PROFESSIONS, INSTITUTIONS AND THOSE WITH EXPERTISE IN INFECTION CONTROL
AND HIV, HBV, HCV AND INFECTIONS THAT COULD LEAD TO SEPSIS WITH RESPECT
TO THE REGULATORY STANDARDS PROMULGATED PURSUANT TO THIS SECTION.
§ 6505-C. ARTICULATION BETWEEN MILITARY AND CIVILIAN PROFESSIONAL
CAREERS. 1. THE COMMISSIONER SHALL DEVELOP, JOINTLY WITH THE DIRECTOR OF
THE DIVISION OF VETERANS' SERVICES, A PROGRAM TO FACILITATE ARTICULATION
BETWEEN PARTICIPATION IN THE MILITARY SERVICE OF THE UNITED STATES OR
THE MILITARY SERVICE OF THE STATE AND ADMISSION TO PRACTICE OF A PROFES-
SION. THE COMMISSIONER AND THE DIRECTOR OF THE DIVISION OF VETERANS'
SERVICES SHALL IDENTIFY, REVIEW AND EVALUATE PROFESSIONAL TRAINING
PROGRAMS OFFERED THROUGH EITHER THE MILITARY SERVICE OF THE UNITED
STATES OR THE MILITARY SERVICE OF THE STATE WHICH MAY, WHERE APPLICABLE,
BE ACCEPTED BY THE DEPARTMENT AS EQUIVALENT EDUCATION AND TRAINING IN
LIEU OF ALL OR PART OF AN APPROVED PROGRAM. PARTICULAR EMPHASIS SHALL
BE PLACED ON THE IDENTIFICATION OF MILITARY PROGRAMS WHICH HAVE PREVI-
OUSLY BEEN DEEMED ACCEPTABLE BY THE DEPARTMENT AS EQUIVALENT EDUCATION
AND TRAINING, PROGRAMS WHICH MAY PROVIDE, WHERE APPLICABLE, EQUIVALENT
EDUCATION AND TRAINING FOR THOSE PROFESSIONS WHICH ARE CRITICAL TO
PUBLIC HEALTH AND SAFETY AND PROGRAMS WHICH MAY PROVIDE, WHERE APPLICA-
BLE, EQUIVALENT EDUCATION AND TRAINING FOR THOSE PROFESSIONS FOR WHICH
SHORTAGES EXIST IN THE STATE OF NEW YORK.
2. THE COMMISSIONER AND THE DIRECTOR OF THE DIVISION OF VETERANS'
SERVICES SHALL PREPARE A LIST OF THOSE MILITARY PROGRAMS WHICH HAVE
PREVIOUSLY BEEN DEEMED ACCEPTABLE BY THE DEPARTMENT AS EQUIVALENT EDUCA-
TION AND TRAINING IN LIEU OF ALL OR PART OF AN APPROVED PROGRAM NO LATER
THAN THE THIRTIETH OF AUGUST, TWO THOUSAND THREE. ON AND AFTER SUCH
DATE, SUCH LIST SHALL BE MADE AVAILABLE TO THE PUBLIC AND APPLICANTS FOR
ADMISSION TO PRACTICE OF A PROFESSION.
3. THE COMMISSIONER AND THE DIRECTOR OF THE DIVISION OF VETERANS'
SERVICES SHALL PREPARE A LIST OF THOSE MILITARY PROGRAMS WHICH MAY
PROVIDE, WHERE APPLICABLE, EQUIVALENT EDUCATION AND TRAINING FOR THOSE
PROFESSIONS WHICH ARE CRITICAL TO PUBLIC HEALTH AND SAFETY, PROGRAMS
WHICH MAY PROVIDE, WHERE APPLICABLE, EQUIVALENT EDUCATION AND TRAINING
FOR THOSE PROFESSIONS FOR WHICH SHORTAGES EXIST IN THE STATE OF NEW YORK
AND ANY OTHER MILITARY PROGRAMS WHICH MAY, WHERE APPLICABLE, BE ACCEPTED
BY THE DEPARTMENT AS EQUIVALENT EDUCATION AND TRAINING IN LIEU OF ALL OR
PART OF AN APPROVED PROGRAM NO LATER THAN THE THIRTY-FIRST OF OCTOBER,
TWO THOUSAND THREE. ON AND AFTER SUCH DATE, SUCH LIST SHALL BE MADE
AVAILABLE TO THE PUBLIC AND APPLICANTS FOR ADMISSION TO PRACTICE OF A
PROFESSION.
4. SUCH LISTS SHALL BE PREPARED ANNUALLY NO LATER THAN THE THIRTIETH
OF JUNE THEREAFTER WITH ADDITIONS AND DELETIONS MADE JOINTLY BY THE
COMMISSIONER AND THE DIRECTOR OF THE DIVISION OF VETERANS' SERVICES AND
MADE AVAILABLE TO THE PUBLIC AND APPLICANTS FOR ADMISSION TO PRACTICE OF
A PROFESSION ON SUCH DATE.
SUBTITLE 2
STATE MANAGEMENT
SECTION 6506. SUPERVISION BY THE DEPARTMENT.
6507. ADMINISTRATION.
6507-A. REGISTRATION FEE SURCHARGE.
6508. ASSISTANCE BY STATE BOARDS FOR THE PROFESSIONS.
§ 6506. SUPERVISION BY THE DEPARTMENT. THE DEPARTMENT SHALL SUPERVISE
THE ADMISSION TO AND THE PRACTICE OF THE PROFESSIONS. IN SUPERVISING,
THE DEPARTMENT MAY:
S. 4007--A 257 A. 3007--A
1. PROMULGATE RULES, EXCEPT THAT NO RULE SHALL BE PROMULGATED CONCERN-
ING TITLE THREE OF THIS ARTICLE;
2. ESTABLISH BY RULE, HIGH SCHOOL, PREPROFESSIONAL, PROFESSIONAL AND
OTHER EDUCATIONAL QUALIFICATIONS REQUIRED FOR LICENSING IN THE
PROFESSIONS REGULATED BY THIS ARTICLE;
3. APPOINT SUCH COMMITTEES AS IT DEEMS NECESSARY AND COMPENSATE
MEMBERS OF SUCH COMMITTEES WHO ARE NOT MEMBERS OF THE DEPARTMENT UP TO
ONE HUNDRED DOLLARS PER DAY FOR EACH DAY DEVOTED TO COMMITTEE FUNCTIONS,
TOGETHER WITH THEIR NECESSARY EXPENSES;
4. WAIVE EDUCATION, EXPERIENCE AND EXAMINATION REQUIREMENTS FOR A
PROFESSIONAL LICENSE PRESCRIBED IN THE TITLE RELATING TO THE PROFESSION,
PROVIDED THE DEPARTMENT SHALL BE SATISFIED THAT THE REQUIREMENTS OF SUCH
TITLE HAVE BEEN SUBSTANTIALLY MET;
5. INDORSE A LICENSE ISSUED BY A LICENSING BOARD OF ANOTHER STATE OR
COUNTRY UPON THE APPLICANT FULFILLING THE FOLLOWING REQUIREMENTS:
A. APPLICATION: FILE AN APPLICATION WITH THE DEPARTMENT;
B. EDUCATION: MEET EDUCATIONAL REQUIREMENTS IN ACCORDANCE WITH THE
COMMISSIONER'S REGULATIONS;
C. EXPERIENCE: HAVE EXPERIENCE SATISFACTORY TO THE STATE BOARDS FOR
THE PROFESSIONS AS PRESCRIBED IN THE TITLE RELATING TO THE PROFESSION
AND IN ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS;
D. EXAMINATION: PASS AN EXAMINATION SATISFACTORY TO THE STATE BOARDS
FOR THE PROFESSIONS AS PRESCRIBED IN THE TITLE RELATING TO THE PROFES-
SION AND IN ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS;
E. AGE: BE AT LEAST TWENTY-ONE YEARS OF AGE;
F. CITIZENSHIP OR IMMIGRATION STATUS: BE A UNITED STATES CITIZEN OR AN
ALIEN LAWFULLY ADMITTED FOR PERMANENT RESIDENCE IN THE UNITED STATES;
G. CHARACTER: BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE DEPART-
MENT; AND
H. PRIOR PROFESSIONAL CONDUCT: WHERE AN APPLICATION IS SUBMITTED FOR
LICENSURE ENDORSEMENT IN ANY PROFESSION REGULATED BY THIS ARTICLE AND
THE DEPARTMENT DETERMINES THAT WHILE ENGAGED IN PRACTICE IN ANOTHER
JURISDICTION THE APPLICANT: (I) HAS BEEN SUBJECT TO DISCIPLINARY ACTION
BY A DULY AUTHORIZED PROFESSIONAL DISCIPLINARY AGENCY OF SUCH OTHER
JURISDICTION, WHERE THE CONDUCT UPON WHICH THE DISCIPLINARY ACTION WAS
BASED WOULD, IF COMMITTED IN NEW YORK STATE, CONSTITUTE PRACTICING THE
PROFESSION BEYOND ITS AUTHORIZED SCOPE, WITH GROSS INCOMPETENCE, WITH
GROSS NEGLIGENCE ON A PARTICULAR OCCASION, OR WITH NEGLIGENCE OR INCOM-
PETENCE ON MORE THAN ONE OCCASION UNDER THE LAWS OF NEW YORK STATE, OR
(II) HAS VOLUNTARILY OR OTHERWISE SURRENDERED HIS OR HER PROFESSIONAL
LICENSE IN ANOTHER JURISDICTION AFTER A DISCIPLINARY ACTION WAS INSTI-
TUTED BY A DULY AUTHORIZED PROFESSIONAL DISCIPLINARY AGENCY OF SUCH
OTHER JURISDICTION, BASED ON CONDUCT THAT WOULD, IF COMMITTED IN NEW
YORK STATE, CONSTITUTE PRACTICING THE PROFESSION BEYOND ITS AUTHORIZED
SCOPE, WITH GROSS INCOMPETENCE, WITH GROSS NEGLIGENCE ON A PARTICULAR
OCCASION, OR WITH NEGLIGENCE OR INCOMPETENCE ON MORE THAN ONE OCCASION
UNDER THE LAWS OF NEW YORK STATE, THE DEPARTMENT SHALL EVALUATE THE
CONDUCT AND MAY DENY LICENSURE ENDORSEMENT TO THE APPLICANT BASED ON
SUCH CONDUCT;
6. DIRECT THE DEPARTMENT TO REMEDY ANY ERROR, OMISSION, DELAY OR OTHER
CIRCUMSTANCE IN THE ISSUANCE OR REGISTRATION OF A LICENSE;
7. DESIGNATE A PROFESSIONAL CONDUCT OFFICER, WHO SHALL BE THE CHIEF
ADMINISTRATIVE OFFICER OF THE OFFICE OF THE PROFESSIONS, OR HIS OR HER
DESIGNEE, IN CONNECTION WITH PROFESSIONAL LICENSING AND MISCONDUCT
PROCEEDINGS AND CRIMINAL MATTERS, SUCH OFFICER TO BE EMPOWERED TO ISSUE
SUBPOENAS AND ADMINISTER OATHS IN CONNECTION WITH SUCH PROCEEDINGS;
S. 4007--A 258 A. 3007--A
8. ESTABLISH BY RULE, STANDARDS OF CONDUCT WITH RESPECT TO ADVERTIS-
ING, FEE SPLITTING, PRACTICING UNDER A NAME OTHER THAN THAT OF THE INDI-
VIDUAL LICENSEE (WHEN NOT SPECIFICALLY AUTHORIZED), PROPER USE OF
ACADEMIC OR PROFESSIONAL DEGREES OR TITLES TENDING TO IMPLY PROFESSIONAL
STATUS, AND SUCH OTHER ETHICAL PRACTICES AS SUCH BOARD SHALL DEEM NECES-
SARY, EXCEPT THAT NO RULE SHALL BE ESTABLISHED CONCERNING TITLE TWO OF
THIS ARTICLE; AND
9. DELEGATE TO DEPARTMENT OFFICERS THE DISPOSITION OF ANY LICENSING
MATTERS PURSUANT TO RULES.
§ 6507. ADMINISTRATION. 1. THE COMMISSIONER AND DEPARTMENT SHALL
ADMINISTER THE ADMISSION TO AND THE PRACTICE OF THE PROFESSIONS.
2. IN ADMINISTERING, THE COMMISSIONER MAY:
A. PROMULGATE REGULATIONS, EXCEPT THAT NO REGULATIONS SHALL BE PROMUL-
GATED CONCERNING TITLE THREE OF THIS CHAPTER;
B. CONDUCT INVESTIGATIONS;
C. ISSUE SUBPOENAS;
D. GRANT IMMUNITY FROM PROSECUTION IN ACCORDANCE WITH SECTION 50.20 OF
THE CRIMINAL PROCEDURE LAW TO ANYONE SUBPOENAED IN ANY INVESTIGATION OR
HEARING CONDUCTED PURSUANT TO THIS ARTICLE; AND
E. EXCUSE, FOR CAUSE ACCEPTABLE TO THE COMMISSIONER, THE FAILURE TO
REGISTER WITH THE DEPARTMENT. SUCH EXCUSE SHALL VALIDATE AND AUTHORIZE
SUCH PRACTITIONER'S RIGHT TO PRACTICE PENDING REGISTRATION.
3. THE DEPARTMENT ASSISTED BY THE BOARD FOR EACH PROFESSION, SHALL:
A. ESTABLISH STANDARDS FOR PRE-PROFESSIONAL AND PROFESSIONAL EDUCA-
TION, EXPERIENCE AND LICENSING EXAMINATIONS AS REQUIRED TO IMPLEMENT THE
TITLE FOR EACH PROFESSION. NOTWITHSTANDING ANY OTHER PROVISION OF LAW,
THE COMMISSIONER SHALL ESTABLISH STANDARDS REQUIRING THAT ALL PERSONS
APPLYING, ON OR AFTER JANUARY FIRST, NINETEEN HUNDRED NINETY-ONE,
INITIALLY, OR FOR THE RENEWAL OF, A LICENSE, REGISTRATION OR LIMITED
PERMIT TO BE A PHYSICIAN, CHIROPRACTOR, DENTIST, REGISTERED NURSE,
PODIATRIST, OPTOMETRIST, PSYCHIATRIST, PSYCHOLOGIST, LICENSED MASTER
SOCIAL WORKER, LICENSED CLINICAL SOCIAL WORKER, LICENSED CREATIVE ARTS
THERAPIST, LICENSED MARRIAGE AND FAMILY THERAPIST, LICENSED MENTAL
HEALTH COUNSELOR, LICENSED PSYCHOANALYST, DENTAL HYGIENIST, LICENSED
BEHAVIOR ANALYST, OR CERTIFIED BEHAVIOR ANALYST ASSISTANT SHALL, IN
ADDITION TO ALL THE OTHER LICENSURE, CERTIFICATION OR PERMIT REQUIRE-
MENTS, HAVE COMPLETED TWO HOURS OF COURSEWORK OR TRAINING REGARDING THE
IDENTIFICATION AND REPORTING OF CHILD ABUSE AND MALTREATMENT. THE
COURSEWORK OR TRAINING SHALL BE OBTAINED FROM AN INSTITUTION OR PROVIDER
WHICH HAS BEEN APPROVED BY THE DEPARTMENT TO PROVIDE SUCH COURSEWORK OR
TRAINING. THE COURSEWORK OR TRAINING SHALL INCLUDE INFORMATION REGARDING
THE PHYSICAL AND BEHAVIORAL INDICATORS OF CHILD ABUSE AND MALTREATMENT
AND THE STATUTORY REPORTING REQUIREMENTS SET OUT IN SECTIONS FOUR
HUNDRED THIRTEEN THROUGH FOUR HUNDRED TWENTY OF THE SOCIAL SERVICES LAW,
INCLUDING BUT NOT LIMITED TO, WHEN AND HOW A REPORT MUST BE MADE, WHAT
OTHER ACTIONS THE REPORTER IS MANDATED OR AUTHORIZED TO TAKE, THE LEGAL
PROTECTIONS AFFORDED REPORTERS, AND THE CONSEQUENCES FOR FAILING TO
REPORT. SUCH COURSEWORK OR TRAINING MAY ALSO INCLUDE INFORMATION REGARD-
ING THE PHYSICAL AND BEHAVIORAL INDICATORS OF THE ABUSE OF INDIVIDUALS
WITH MENTAL RETARDATION AND OTHER DEVELOPMENTAL DISABILITIES AND VOLUN-
TARY REPORTING OF ABUSED OR NEGLECTED ADULTS TO THE OFFICE FOR PEOPLE
WITH DEVELOPMENTAL DISABILITIES OR THE LOCAL ADULT PROTECTIVE SERVICES
UNIT. EACH APPLICANT SHALL PROVIDE THE DEPARTMENT WITH DOCUMENTATION
SHOWING THAT HE OR SHE HAS COMPLETED THE REQUIRED TRAINING. THE DEPART-
MENT SHALL PROVIDE AN EXEMPTION FROM THE CHILD ABUSE AND MALTREATMENT
TRAINING REQUIREMENTS TO ANY APPLICANT WHO REQUESTS SUCH AN EXEMPTION
S. 4007--A 259 A. 3007--A
AND WHO SHOWS, TO THE DEPARTMENT'S SATISFACTION, THAT THERE WOULD BE NO
NEED BECAUSE OF THE NATURE OF HIS OR HER PRACTICE FOR HIM OR HER TO
COMPLETE SUCH TRAINING;
B. REVIEW QUALIFICATIONS IN CONNECTION WITH LICENSING REQUIREMENTS;
AND
C. PROVIDE FOR LICENSING EXAMINATIONS AND REEXAMINATIONS.
4. THE DEPARTMENT SHALL:
A. REGISTER OR APPROVE EDUCATIONAL PROGRAMS DESIGNED FOR THE PURPOSE
OF PROVIDING PROFESSIONAL PREPARATION WHICH MEET STANDARDS ESTABLISHED
BY THE DEPARTMENT.
B. ISSUE LICENSES, REGISTRATIONS, AND LIMITED PERMITS TO QUALIFIED
APPLICANTS;
C. (I) ISSUE A CERTIFICATE OF AUTHORITY TO A QUALIFIED PROFESSIONAL
SERVICE CORPORATION BEING ORGANIZED UNDER SECTION FIFTEEN HUNDRED THREE
OF THE BUSINESS CORPORATION LAW OR TO A UNIVERSITY FACULTY PRACTICE
CORPORATION BEING ORGANIZED UNDER SECTION FOURTEEN HUNDRED TWELVE OF THE
NOT-FOR-PROFIT CORPORATION LAW ON PAYMENT OF A FEE OF NINETY DOLLARS,
(II) REQUIRE SUCH CORPORATIONS TO FILE A CERTIFIED COPY OF EACH CERTIF-
ICATE OF INCORPORATION AND AMENDMENT THERETO WITHIN THIRTY DAYS AFTER
THE FILING OF SUCH CERTIFICATE OR AMENDMENT ON PAYMENT OF A FEE OF TWEN-
TY DOLLARS, (III) REQUIRE SUCH CORPORATIONS TO FILE A TRIENNIAL STATE-
MENT REQUIRED BY SECTION FIFTEEN HUNDRED FOURTEEN OF THE BUSINESS CORPO-
RATION LAW ON PAYMENT OF A FEE OF ONE HUNDRED FIVE DOLLARS.
D. REVOKE LIMITED PERMITS ON THE RECOMMENDATION OF THE COMMITTEE ON
PROFESSIONAL CONDUCT FOR THE PROFESSION CONCERNED, EXCEPT FOR LIMITED
PERMITS ISSUED TO PHYSICIANS, PHYSICIAN'S ASSISTANTS AND SPECIALIST'S
ASSISTANTS WHICH SHALL BE SUBJECT TO SECTIONS TWO HUNDRED THIRTY, TWO
HUNDRED THIRTY-A, TWO HUNDRED THIRTY-B AND TWO HUNDRED THIRTY-C OF THIS
CHAPTER;
E. MAINTAIN PUBLIC RECORDS OF LICENSES ISSUED AND RETAIN IN ITS FILES
IDENTIFYING DATA CONCERNING EACH PERSON TO WHOM A LICENSE HAS BEEN
ISSUED;
F. COLLECT THE FEES PRESCRIBED BY THIS ARTICLE OR OTHERWISE PROVIDED
BY LAW;
G. PREPARE AN ANNUAL REPORT FOR THE LEGISLATURE, THE GOVERNOR AND
OTHER EXECUTIVE OFFICES, THE STATE BOARDS FOR THE PROFESSIONS, PROFES-
SIONAL SOCIETIES, CONSUMER AGENCIES AND OTHER INTERESTED PERSONS. SUCH
REPORT SHALL INCLUDE BUT NOT BE LIMITED TO A DESCRIPTION AND ANALYSIS OF
THE ADMINISTRATIVE PROCEDURES AND OPERATIONS OF THE DEPARTMENT BASED
UPON A STATISTICAL SUMMARY RELATING TO (I) NEW LICENSURE, (II) DISCI-
PLINE, (III) COMPLAINT, INVESTIGATION, AND HEARING BACKLOG, (IV) BUDGET,
AND (V) THE STATE BOARDS FOR THE PROFESSIONS. INFORMATION PROVIDED SHALL
BE ENUMERATED BY PROFESSION; AND
H. ESTABLISH AN ADMINISTRATIVE UNIT WHICH SHALL BE RESPONSIBLE FOR THE
INVESTIGATION, PROSECUTION AND DETERMINATION OF ALLEGED VIOLATIONS OF
PROFESSIONAL CONDUCT.
5. WHERE AN APPLICATION IS SUBMITTED FOR LICENSURE OR A LIMITED PERMIT
IN ANY PROFESSION REGULATED BY THIS ARTICLE AND THE COMMISSIONER DETER-
MINES THAT WHILE ENGAGED IN PRACTICE IN ANOTHER JURISDICTION: (I) THE
APPLICANT HAS BEEN SUBJECT TO DISCIPLINARY ACTION BY A DULY AUTHORIZED
PROFESSIONAL DISCIPLINARY AGENCY OF SUCH OTHER JURISDICTION, WHERE THE
CONDUCT UPON WHICH THE DISCIPLINARY ACTION WAS BASED WOULD, IF COMMITTED
IN NEW YORK STATE, CONSTITUTE PRACTICING THE PROFESSION BEYOND ITS
AUTHORIZED SCOPE, WITH GROSS INCOMPETENCE, WITH GROSS NEGLIGENCE ON A
PARTICULAR OCCASION, OR WITH NEGLIGENCE OR INCOMPETENCE ON MORE THAN ONE
OCCASION UNDER THE LAWS OF NEW YORK STATE, OR (II) THE APPLICANT HAS
S. 4007--A 260 A. 3007--A
VOLUNTARILY OR OTHERWISE SURRENDERED HIS OR HER PROFESSIONAL LICENSE IN
ANOTHER JURISDICTION AFTER A DISCIPLINARY ACTION WAS INSTITUTED BY A
DULY AUTHORIZED PROFESSIONAL DISCIPLINARY AGENCY OF SUCH OTHER JURISDIC-
TION BASED ON CONDUCT THAT WOULD, IF COMMITTED IN NEW YORK STATE,
CONSTITUTE PRACTICING THE PROFESSION BEYOND ITS AUTHORIZED SCOPE, WITH
GROSS INCOMPETENCE, WITH GROSS NEGLIGENCE ON A PARTICULAR OCCASION, OR
WITH NEGLIGENCE OR INCOMPETENCE ON MORE THAN ONE OCCASION UNDER THE LAWS
OF NEW YORK STATE, THE DEPARTMENT SHALL EVALUATE THE CONDUCT AND THE
COMMISSIONER MAY DENY LICENSURE OR ISSUANCE OF A LIMITED PERMIT TO THE
APPLICANT BASED ON SUCH CONDUCT.
6. THE COMMISSIONER AND THE DEPARTMENT SHALL PERFORM ANY OTHER FUNC-
TIONS NECESSARY TO IMPLEMENT THIS ARTICLE.
§ 6507-A. REGISTRATION FEE SURCHARGE. THE COMMISSIONER IS HEREBY
AUTHORIZED TO IMPOSE AND COLLECT A FIFTEEN PERCENT SURCHARGE, ROUNDED
UPWARD TO THE NEAREST DOLLAR, ON ANY PROFESSIONAL REGISTRATION FEE
IMPOSED UNDER THIS ARTICLE THAT IS SUBJECT TO DEPOSIT IN THE OFFICE OF
THE PROFESSIONS ACCOUNT ESTABLISHED PURSUANT TO SECTION NINETY-SEVEN-NNN
OF THE STATE FINANCE LAW. SUCH SURCHARGE SHALL NOT BE IMPOSED ON ANY
SUCH FEE DEDICATED FOR DEPOSIT IN THE PROFESSIONAL MEDICAL CONDUCT
ACCOUNT.
§ 6508. ASSISTANCE BY STATE BOARDS FOR THE PROFESSIONS. 1. A BOARD FOR
EACH PROFESSION SHALL BE APPOINTED BY THE DEPARTMENT ON THE RECOMMENDA-
TION OF THE COMMISSIONER FOR THE PURPOSE OF ASSISTING THE DEPARTMENT ON
MATTERS OF PROFESSIONAL LICENSING, PRACTICE, AND CONDUCT. THE COMPOSI-
TION OF EACH BOARD SHALL BE AS PRESCRIBED IN THE TITLE RELATING TO EACH
PROFESSION. WITHIN EACH BOARD A COMMITTEE ON LICENSING MAY BE APPOINTED
BY THE BOARD CHAIRMAN. EXCEPT AS PROVIDED IN PARAGRAPH A OF THIS SUBDI-
VISION, THE MEMBERSHIP OF EACH PROFESSIONAL LICENSING BOARD SHALL BE
INCREASED BY ONE MEMBER, AND EACH SUCH BOARD SHALL HAVE AT LEAST ONE
PUBLIC REPRESENTATIVE WHO SHALL BE SELECTED BY THE DEPARTMENT FROM THE
GENERAL PUBLIC.
A. THE MEMBERSHIP OF THE PROFESSIONAL LICENSING BOARDS CREATED UNDER
SECTIONS SIXTY-FIVE HUNDRED TWENTY-THREE, SIXTY-EIGHT HUNDRED FOUR AND
SIXTY-NINE HUNDRED THREE OF THIS ARTICLE, AND SECTION SEVENTY-FOUR
HUNDRED THREE OF THE EDUCATION LAW SHALL BE INCREASED BY TWO MEMBERS,
AND EACH SUCH BOARD SHALL HAVE AT LEAST TWO PUBLIC REPRESENTATIVES, WHO
SHALL BE SELECTED BY THE DEPARTMENT FROM THE GENERAL PUBLIC.
B. FOR THE PURPOSES OF THIS ARTICLE, A "PUBLIC REPRESENTATIVE" SHALL
BE A PERSON WHO IS A CONSUMER OF SERVICES PROVIDED BY THOSE LICENSED OR
OTHERWISE SUPERVISED OR REGULATED BY THE BOARDS CREATED HEREUNDER, AND
SHALL NOT BE, NOR WITHIN FIVE YEARS IMMEDIATELY PRECEDING APPOINTMENT
HAVE BEEN:
(I) A LICENSEE OR PERSON OTHERWISE SUBJECT TO THE SUPERVISION OR REGU-
LATION OF THE BOARD TO WHICH APPOINTED; OR
(II) A PERSON MAINTAINING A CONTRACTUAL RELATIONSHIP WITH A LICENSEE
OF SUCH BOARD, WHICH WOULD CONSTITUTE MORE THAN TWO PERCENTUM OF THE
PRACTICE OR BUSINESS OF ANY SUCH LICENSEE, OR AN OFFICER, DIRECTOR, OR
REPRESENTATIVE OF SUCH PERSON OR GROUP OF PERSONS.
2. EACH STATE BOARD FOR THE PROFESSIONS AS PRESCRIBED IN THE TITLE
RELATING TO EACH PROFESSION BOARD, OR ITS COMMITTEE ON LICENSING, SHALL
SELECT OR PREPARE EXAMINATIONS, MAY CONDUCT ORAL AND PRACTICAL EXAMINA-
TIONS AND REEXAMINATIONS, SHALL FIX PASSING GRADES, AND ASSIST THE
DEPARTMENT IN OTHER LICENSING MATTERS AS PRESCRIBED BY THE DEPARTMENT.
3. EACH BOARD SHALL CONDUCT DISCIPLINARY PROCEEDINGS AS PRESCRIBED IN
THIS ARTICLE AND SHALL ASSIST IN OTHER PROFESSIONAL CONDUCT MATTERS AS
PRESCRIBED BY THE DEPARTMENT.
S. 4007--A 261 A. 3007--A
4. MEMBERS OF EACH BOARD SHALL BE APPOINTED BY THE DEPARTMENT FOR
FIVE-YEAR TERMS EXCEPT THAT THE TERMS OF THOSE FIRST APPOINTED SHALL BE
ARRANGED SO THAT AS NEARLY AS POSSIBLE AN EQUAL NUMBER SHALL TERMINATE
ANNUALLY. A VACANCY OCCURRING DURING A TERM SHALL BE FILLED BY AN
APPOINTMENT BY THE DEPARTMENT FOR THE UNEXPIRED TERM. EACH STATE PROFES-
SIONAL ASSOCIATION OR SOCIETY MAY NOMINATE ONE OR MORE CANDIDATES FOR
EACH APPOINTMENT TO BE MADE TO THE BOARD FOR ITS PROFESSION, BUT THE
DEPARTMENT SHALL NOT BE REQUIRED TO APPOINT CANDIDATES SO NOMINATED.
FORMER MEMBERS OF A BOARD MAY BE RE-APPOINTED BY THE DEPARTMENT, ON THE
RECOMMENDATION OF THE COMMISSIONER, TO SERVE AS MEMBERS OF THE BOARD
SOLELY FOR THE PURPOSES OF DISCIPLINARY PROCEEDINGS, PROCEEDINGS RELAT-
ING TO THE MORAL CHARACTER OF AN APPLICANT FOR LICENSURE, AND
PROCEEDINGS RELATING TO APPLICATIONS FOR THE RESTORATION OF A PROFES-
SIONAL LICENSE. IN ADDITION, EACH BOARD SHALL ESTABLISH A ROSTER OF
AUXILIARY MEMBERS FROM CANDIDATES NOMINATED BY PROFESSIONAL ASSOCIATIONS
OR SOCIETIES FOR APPOINTMENT BY THE DEPARTMENT, ON THE RECOMMENDATION OF
THE COMMISSIONER, TO SERVE AS MEMBERS OF THE BOARD SOLELY FOR THE
PURPOSES OF DISCIPLINARY PROCEEDINGS, PROCEEDINGS RELATING TO THE MORAL
CHARACTER OF AN APPLICANT FOR LICENSURE, AND PROCEEDINGS RELATING TO
APPLICATIONS FOR THE RESTORATION OF A PROFESSIONAL LICENSE.
5. EACH MEMBER OF A BOARD SHALL RECEIVE A CERTIFICATE OF APPOINTMENT,
SHALL BEFORE BEGINNING HIS OR HER TERM OF OFFICE FILE A CONSTITUTIONAL
OATH OF OFFICE WITH THE SECRETARY OF STATE, SHALL RECEIVE UP TO ONE
HUNDRED DOLLARS AS PRESCRIBED BY THE DEPARTMENT FOR EACH DAY DEVOTED TO
BOARD WORK, AND SHALL BE REIMBURSED FOR HIS NECESSARY EXPENSES. ANY
MEMBER MAY BE REMOVED FROM A BOARD BY THE DEPARTMENT FOR MISCONDUCT,
INCAPACITY OR NEGLECT OF DUTY.
6. EACH BOARD SHALL ELECT FROM ITS MEMBERS A CHAIRMAN AND VICE-CHAIR-
MAN ANNUALLY, SHALL MEET UPON CALL OF THE CHAIRMAN OR THE DEPARTMENT,
AND MAY ADOPT BYLAWS CONSISTENT WITH THIS ARTICLE AND APPROVED BY THE
DEPARTMENT. A QUORUM FOR THE TRANSACTION OF BUSINESS BY THE BOARD SHALL
BE A MAJORITY OF MEMBERS BUT NOT LESS THAN FIVE MEMBERS.
7. AN EXECUTIVE SECRETARY TO EACH BOARD SHALL BE APPOINTED BY THE
DEPARTMENT ON RECOMMENDATION OF THE COMMISSIONER. SUCH EXECUTIVE SECRE-
TARY SHALL NOT BE A MEMBER OF THE BOARD, SHALL HOLD OFFICE AT THE PLEAS-
URE OF, AND SHALL HAVE THE POWERS, DUTIES AND ANNUAL SALARY PRESCRIBED
BY THE DEPARTMENT.
SUBTITLE 3
PROFESSIONAL MISCONDUCT
SECTION 6509. DEFINITIONS OF PROFESSIONAL MISCONDUCT.
6509-A. ADDITIONAL DEFINITION OF PROFESSIONAL MISCONDUCT; LIMIT-
ED APPLICATION.
6509-B. ADDITIONAL DEFINITION OF PROFESSIONAL MISCONDUCT;
ARREARS IN PAYMENT OF SUPPORT; LIMITED APPLICATION.
6509-C. ADDITIONAL DEFINITION OF PROFESSIONAL MISCONDUCT; FAIL-
URE TO COMPLY IN PATERNITY OR CHILD SUPPORT
PROCEEDINGS; LIMITED APPLICATION.
6509-D. LIMITED EXEMPTION FROM PROFESSIONAL MISCONDUCT.
6509-E. ADDITIONAL DEFINITION OF PROFESSIONAL MISCONDUCT; MENTAL
HEALTH PROFESSIONALS.
6510. PROCEEDINGS IN CASES OF PROFESSIONAL MISCONDUCT.
6510-A. TEMPORARY SURRENDER OF LICENSES DURING TREATMENT FOR
DRUG OR ALCOHOL ABUSE.
6510-B. NURSE PEER ASSISTANCE PROGRAMS.
6510-C. VOLUNTARY NON-DISCIPLINARY SURRENDER OF A LICENSE.
S. 4007--A 262 A. 3007--A
6510-D. NURSES' REFUSAL OF OVERTIME WORK.
6511. PENALTIES FOR PROFESSIONAL MISCONDUCT.
§ 6509. DEFINITIONS OF PROFESSIONAL MISCONDUCT. EACH OF THE FOLLOWING
IS PROFESSIONAL MISCONDUCT, AND ANY LICENSEE FOUND GUILTY OF SUCH
MISCONDUCT UNDER THE PROCEDURES PRESCRIBED IN SECTION SIXTY-FIVE HUNDRED
TEN OF THIS SUBTITLE SHALL BE SUBJECT TO THE PENALTIES PRESCRIBED IN
SECTION SIXTY-FIVE HUNDRED ELEVEN OF THIS SUBTITLE:
1. OBTAINING THE LICENSE FRAUDULENTLY,
2. PRACTICING THE PROFESSION FRAUDULENTLY, BEYOND ITS AUTHORIZED
SCOPE, WITH GROSS INCOMPETENCE, WITH GROSS NEGLIGENCE ON A PARTICULAR
OCCASION OR NEGLIGENCE OR INCOMPETENCE ON MORE THAN ONE OCCASION,
3. PRACTICING THE PROFESSION WHILE THE ABILITY TO PRACTICE IS IMPAIRED
BY ALCOHOL, DRUGS, PHYSICAL DISABILITY, OR MENTAL DISABILITY,
4. BEING HABITUALLY DRUNK OR BEING DEPENDENT ON, OR A HABITUAL USER OF
NARCOTICS, BARBITURATES, AMPHETAMINES, HALLUCINOGENS, OR OTHER DRUGS
HAVING SIMILAR EFFECTS,
5. A. BEING CONVICTED OF COMMITTING AN ACT CONSTITUTING A CRIME UNDER:
(I) NEW YORK STATE LAW OR,
(II) FEDERAL LAW OR,
(III) THE LAW OF ANOTHER JURISDICTION AND WHICH, IF COMMITTED WITHIN
THIS STATE, WOULD HAVE CONSTITUTED A CRIME UNDER NEW YORK STATE LAW;
B. HAVING BEEN FOUND GUILTY OF IMPROPER PROFESSIONAL PRACTICE OR
PROFESSIONAL MISCONDUCT BY A DULY AUTHORIZED PROFESSIONAL DISCIPLINARY
AGENCY OF ANOTHER STATE WHERE THE CONDUCT UPON WHICH THE FINDING WAS
BASED WOULD, IF COMMITTED IN NEW YORK STATE, CONSTITUTE PROFESSIONAL
MISCONDUCT UNDER THE LAWS OF NEW YORK STATE;
C. HAVING BEEN FOUND BY THE COMMISSIONER TO BE IN VIOLATION OF ARTICLE
THIRTY-THREE THIS CHAPTER.
D. HAVING HIS OR HER LICENSE TO PRACTICE MEDICINE REVOKED, SUSPENDED
OR HAVING OTHER DISCIPLINARY ACTION TAKEN, OR HAVING HIS OR HER APPLICA-
TION FOR A LICENSE REFUSED, REVOKED OR SUSPENDED OR HAVING VOLUNTARILY
OR OTHERWISE SURRENDERED HIS OR HER LICENSE AFTER A DISCIPLINARY ACTION
WAS INSTITUTED BY A DULY AUTHORIZED PROFESSIONAL DISCIPLINARY AGENCY OF
ANOTHER STATE, WHERE THE CONDUCT RESULTING IN THE REVOCATION, SUSPENSION
OR OTHER DISCIPLINARY ACTION INVOLVING THE LICENSE OR REFUSAL, REVOCA-
TION OR SUSPENSION OF AN APPLICATION FOR A LICENSE OR THE SURRENDER OF
THE LICENSE WOULD, IF COMMITTED IN NEW YORK STATE, CONSTITUTE PROFES-
SIONAL MISCONDUCT UNDER THE LAWS OF NEW YORK STATE.
6. REFUSING TO PROVIDE PROFESSIONAL SERVICE TO A PERSON BECAUSE OF
SUCH PERSON'S RACE, CREED, COLOR, OR NATIONAL ORIGIN,
7. PERMITTING, AIDING OR ABETTING AN UNLICENSED PERSON TO PERFORM
ACTIVITIES REQUIRING A LICENSE,
8. PRACTICING THE PROFESSION WHILE THE LICENSE IS SUSPENDED, OR WILL-
FULLY FAILING TO REGISTER OR NOTIFY THE DEPARTMENT OF ANY CHANGE OF NAME
OR MAILING ADDRESS, OR, IF A PROFESSIONAL SERVICE CORPORATION WILLFULLY
FAILING TO COMPLY WITH SECTIONS FIFTEEN HUNDRED THREE AND FIFTEEN
HUNDRED FOURTEEN OF THE BUSINESS CORPORATION LAW OR, IF A UNIVERSITY
FACULTY PRACTICE CORPORATION WILLFULLY FAILING TO COMPLY WITH PARAGRAPHS
(B), (C) AND (D) OF SECTION FIFTEEN HUNDRED THREE AND SECTION FIFTEEN
HUNDRED FOURTEEN OF THE BUSINESS CORPORATION LAW,
9. COMMITTING UNPROFESSIONAL CONDUCT, AS DEFINED BY THE DEPARTMENT IN
ITS RULES OR BY THE COMMISSIONER IN REGULATIONS APPROVED BY THE DEPART-
MENT,
10. A VIOLATION OF SECTION TWENTY-EIGHT HUNDRED THREE-D OR TWENTY-
EIGHT HUNDRED FIVE-K OF THIS CHAPTER,
S. 4007--A 263 A. 3007--A
11. A VIOLATION OF SECTION SIXTY-FIVE HUNDRED FIVE-B OF THE EDUCATION
LAW BY A PROFESSIONAL OTHER THAN A PROFESSIONAL SUBJECT TO THE
PROVISIONS OF PARAGRAPH (F) OF SUBDIVISION ONE OF SECTION TWENTY-EIGHT
HUNDRED FIVE-K OF THIS CHAPTER,
12. IN THE EVENT THAT THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION HAS
REPORTED TO THE DEPARTMENT ALLEGED MISCONDUCT BY AN ARCHITECT OR PROFES-
SIONAL ENGINEER IN MAKING A CERTIFICATION UNDER SECTION NINETEEN OF THE
TAX LAW, RELATING TO THE GREEN BUILDING TAX CREDIT, THE DEPARTMENT, UPON
A HEARING AND A FINDING OF WILLFUL MISCONDUCT, MAY REVOKE THE LICENSE OF
SUCH PROFESSIONAL OR PRESCRIBE SUCH OTHER PENALTY AS IT DETERMINES TO BE
APPROPRIATE, OR
13. IN THE EVENT THAT ANY AGENCY DESIGNATED PURSUANT TO TITLE FOUR-B
OF ARTICLE FOUR OF THE REAL PROPERTY TAX LAW, RELATING TO THE GREEN ROOF
TAX ABATEMENT, HAS REPORTED TO THE DEPARTMENT ALLEGED MISCONDUCT BY AN
ARCHITECT OR ENGINEER IN MAKING A CERTIFICATION UNDER SUCH TITLE, THE
DEPARTMENT, UPON A HEARING AND A FINDING OF WILLFUL MISCONDUCT, MAY
REVOKE THE LICENSE OF SUCH PROFESSIONAL OR PRESCRIBE SUCH OTHER PENALTY
AS IT DETERMINES TO BE APPROPRIATE,
14. IN THE EVENT THAT ANY AGENCY DESIGNATED PURSUANT TO TITLE FOUR-C
OF ARTICLE FOUR OF THE REAL PROPERTY TAX LAW, RELATING TO THE SOLAR
ELECTRIC GENERATING SYSTEM TAX ABATEMENT, HAS REPORTED TO THE DEPARTMENT
ALLEGED MISCONDUCT BY AN ARCHITECT OR ENGINEER IN MAKING A CERTIFICATION
UNDER SUCH TITLE, THE DEPARTMENT, UPON A HEARING AND A FINDING OF WILL-
FUL MISCONDUCT, MAY REVOKE THE LICENSE OF SUCH PROFESSIONAL OR PRESCRIBE
SUCH OTHER PENALTY AS IT DETERMINES TO BE APPROPRIATE.
§ 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 TITLES SIX, SEVEN,
NINE, TEN, TWELVE, FOURTEEN, FIFTEEN, AND TWENTY-SIX OF THIS ARTICLE 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
SUBTITLE IN ACCORDANCE WITH THE PROVISIONS AND PROCEDURE OF THIS SUBTI-
TLE FOR THE FOLLOWING: THAT ANY PERSON SUBJECT TO THE ABOVE ENUMERATED
TITLES, HAS DIRECTLY OR INDIRECTLY REQUESTED, RECEIVED OR PARTICIPATED
IN THE DIVISION, TRANSFERENCE, ASSIGNMENT, REBATE, SPLITTING OR REFUND-
ING 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, INCLUDING 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 EQUIP-
MENT, 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
TREATMENT, TO ANY HOSPITAL FURNISHING FACILITIES FOR SUCH EXAMINATION,
DIAGNOSIS 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
S. 4007--A 264 A. 3007--A
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 CHAPTER
SHALL PROHIBIT A MEDICAL OR DENTAL EXPENSE INDEMNITY CORPORATION PURSU-
ANT 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 INDEM-
NITY CORPORATION AND TO THE SUBSCRIBER STATEMENTS ITEMIZING THE SERVICES
RENDERED BY EACH SUCH PROFESSIONAL AND THE CHARGES THEREFOR.
§ 6509-B. ADDITIONAL DEFINITION OF PROFESSIONAL MISCONDUCT; ARREARS IN
PAYMENT OF SUPPORT; LIMITED APPLICATION. 1. THE PROVISIONS OF THIS
SECTION SHALL APPLY IN ALL CASES OF LICENSEE OR REGISTRANT ARREARS IN
PAYMENT OF CHILD SUPPORT OR COMBINED CHILD AND SPOUSAL SUPPORT REFERRED
TO THE DEPARTMENT BY A COURT PURSUANT TO THE REQUIREMENTS OF SECTION TWO
HUNDRED FORTY-FOUR-C OF THE DOMESTIC RELATIONS LAW OR PURSUANT TO
SECTION FOUR HUNDRED FIFTY-EIGHT-B OF THE FAMILY COURT ACT.
2. UPON RECEIPT OF AN ORDER FROM THE COURT PURSUANT TO ONE OF THE
FOREGOING PROVISIONS OF LAW, THE DEPARTMENT, IF IT FINDS SUCH PERSON TO
BE SO LICENSED OR REGISTERED, SHALL WITHIN THIRTY DAYS OF RECEIPT OF
SUCH ORDER FROM THE COURT, PROVIDE NOTICE TO THE LICENSEE OR REGISTRANT
OF, AND CAUSE THE REGENTS REVIEW COMMITTEE TO INITIATE, A HEARING WHICH
SHALL BE HELD AT LEAST TWENTY DAYS AND NO MORE THAN THIRTY DAYS AFTER
THE SENDING OF SUCH NOTICE TO THE LICENSEE OR REGISTRANT. THE HEARING
SHALL BE HELD SOLELY FOR THE PURPOSE OF DETERMINING WHETHER THERE EXISTS
AS OF THE DATE OF THE HEARING PROOF THAT FULL PAYMENT OF ALL ARREARS OF
SUPPORT ESTABLISHED BY THE ORDER OF THE COURT TO BE DUE FROM THE LICEN-
SEE OR REGISTRANT HAVE BEEN PAID. PROOF OF SUCH PAYMENT SHALL BE A
CERTIFIED CHECK SHOWING FULL PAYMENT OF ESTABLISHED ARREARS OR A NOTICE
ISSUED BY THE COURT OR BY THE SUPPORT COLLECTION UNIT WHERE THE ORDER IS
PAYABLE TO THE SUPPORT COLLECTION UNIT DESIGNATED BY THE APPROPRIATE
SOCIAL SERVICES DISTRICT. SUCH NOTICE SHALL STATE THAT FULL PAYMENT OF
ALL ARREARS OF SUPPORT ESTABLISHED BY THE ORDER OF THE COURT TO BE DUE
HAVE BEEN PAID. THE LICENSEE OR REGISTRANT SHALL BE GIVEN FULL OPPORTU-
NITY TO PRESENT SUCH PROOF OF PAYMENT AT THE HEARING IN PERSON OR BY
COUNSEL. THE ONLY ISSUE TO BE DETERMINED BY THE REGENTS REVIEW COMMITTEE
AS A RESULT OF THE HEARING IS WHETHER THE ARREARS HAVE BEEN PAID. NO
EVIDENCE WITH RESPECT TO THE APPROPRIATENESS OF THE COURT ORDER OR ABIL-
ITY OF THE RESPONDENT PARTY IN ARREARS TO COMPLY WITH SUCH ORDER SHALL
BE RECEIVED OR CONSIDERED BY THE COMMITTEE.
3. NOTWITHSTANDING ANY INCONSISTENT PROVISION OF THIS ARTICLE OR OF
ANY OTHER PROVISION OF LAW TO THE CONTRARY, THE LICENSE OR REGISTRATION
OF A PERSON SUBJECT TO THE PROVISIONS OF THIS ARTICLE AND/OR SUBJECT TO
THE PROVISIONS OF TITLE TWO-A OF ARTICLE TWO OF THIS CHAPTER SHALL BE
SUSPENDED IF, AT THE HEARING PROVIDED FOR BY SUBDIVISION TWO OF THIS
SECTION, THE LICENSEE OR REGISTRANT FAILS TO PRESENT PROOF OF PAYMENT AS
REQUIRED BY SUCH SUBDIVISION. SUCH SUSPENSION SHALL NOT BE LIFTED UNLESS
S. 4007--A 265 A. 3007--A
THE COURT OR THE SUPPORT COLLECTION UNIT, WHERE THE COURT ORDER IS PAYA-
BLE TO THE SUPPORT COLLECTION UNIT DESIGNATED BY THE APPROPRIATE SOCIAL
SERVICES DISTRICT, ISSUES NOTICE TO THE REGENTS REVIEW COMMITTEE THAT
FULL PAYMENT OF ALL ARREARS OF SUPPORT ESTABLISHED BY THE ORDER OF THE
COURT TO BE DUE HAVE BEEN PAID.
4. THE DEPARTMENT SHALL INFORM THE COURT OF ALL ACTIONS TAKEN HERE-
UNDER AS REQUIRED BY LAW.
5. THIS SECTION SHALL APPLY TO SUPPORT OBLIGATIONS PAID PURSUANT TO
ANY ORDER OF CHILD SUPPORT OR CHILD AND SPOUSAL SUPPORT ISSUED UNDER
PROVISIONS OF SECTION TWO HUNDRED THIRTY-SIX OR TWO HUNDRED FORTY OF THE
DOMESTIC RELATIONS LAW, OR ARTICLE FOUR, FIVE OR FIVE-A OF THE FAMILY
COURT ACT.
6. NOTWITHSTANDING ANY INCONSISTENT PROVISION OF THIS ARTICLE OR OF
ANY OTHER PROVISION OF LAW TO THE CONTRARY, THE PROVISIONS OF THIS
SECTION SHALL APPLY TO THE EXCLUSION OF ANY OTHER REQUIREMENTS OF THIS
ARTICLE AND TO THE EXCLUSION OF ANY OTHER REQUIREMENT OF LAW TO THE
CONTRARY.
§ 6509-C. ADDITIONAL DEFINITION OF PROFESSIONAL MISCONDUCT; FAILURE TO
COMPLY IN PATERNITY OR CHILD SUPPORT PROCEEDINGS; LIMITED APPLICATION.
1. THE PROVISIONS OF THIS SECTION SHALL APPLY IN ALL CASES OF LICENSEE
OR REGISTRANT FAILURE AFTER RECEIVING APPROPRIATE NOTICE, TO COMPLY WITH
A SUMMONS, SUBPOENA OR WARRANT RELATING TO A PATERNITY OR CHILD SUPPORT
PROCEEDING REFERRED TO THE DEPARTMENT BY A COURT PURSUANT TO THE
REQUIREMENTS OF SECTION TWO HUNDRED FORTY-FOUR-C OF THE DOMESTIC
RELATIONS LAW OR PURSUANT TO SECTION FOUR HUNDRED FIFTY-EIGHT-B OR FIVE
HUNDRED FORTY-EIGHT-B OF THE FAMILY COURT ACT.
2. UPON RECEIPT OF AN ORDER FROM THE COURT PURSUANT TO ONE OF THE
FOREGOING PROVISIONS OF LAW, THE DEPARTMENT, IF IT FINDS SUCH PERSON TO
BE SO LICENSED OR REGISTERED, SHALL WITHIN THIRTY DAYS OF RECEIPT OF
SUCH ORDER FROM THE COURT, PROVIDE NOTICE TO THE LICENSEE OR REGISTRANT
THAT HIS OR HER LICENSE OR REGISTRATION SHALL BE SUSPENDED IN SIXTY DAYS
UNLESS THE CONDITIONS AS SET FORTH IN SUBDIVISION THREE OF THIS SECTION
ARE MET.
3. NOTWITHSTANDING ANY INCONSISTENT PROVISION OF THIS ARTICLE OR OF
ANY OTHER PROVISION OF LAW TO THE CONTRARY, THE LICENSE OR REGISTRATION
OF A PERSON SUBJECT TO THE PROVISIONS OF THIS ARTICLE AND/OR SUBJECT TO
THE PROVISIONS OF TITLE TWO-A OF ARTICLE TWO OF THIS CHAPTER SHALL BE
SUSPENDED UNLESS THE COURT TERMINATES ITS ORDER TO COMMENCE SUSPENSION
PROCEEDINGS. SUCH SUSPENSION SHALL NOT BE LIFTED UNLESS THE COURT ISSUES
AN ORDER TO THE DEPARTMENT TERMINATING ITS ORDER TO COMMENCE SUSPENSION
PROCEEDINGS.
4. THE DEPARTMENT SHALL INFORM THE COURT OF ALL ACTIONS TAKEN HERE-
UNDER AS REQUIRED BY LAW.
5. THIS SECTION APPLIES TO PATERNITY OR CHILD SUPPORT PROCEEDINGS
COMMENCED UNDER, AND SUPPORT OBLIGATIONS PAID PURSUANT TO ANY ORDER OF
CHILD SUPPORT OR CHILD AND SPOUSAL SUPPORT ISSUED UNDER PROVISIONS OF
SECTION TWO HUNDRED THIRTY-SIX OR TWO HUNDRED FORTY OF THE DOMESTIC
RELATIONS LAW, OR ARTICLE FOUR, FIVE, FIVE-A OR FIVE-B OF THE FAMILY
COURT ACT.
6. NOTWITHSTANDING ANY INCONSISTENT PROVISION OF THIS ARTICLE OR OF
ANY OTHER PROVISION OF LAW TO THE CONTRARY, THE PROVISIONS OF THIS
SECTION SHALL APPLY TO THE EXCLUSION OF ANY OTHER REQUIREMENTS OF THIS
ARTICLE AND TO THE EXCLUSION OF ANY OTHER REQUIREMENT OF LAW TO THE
CONTRARY.
§ 6509-D. LIMITED EXEMPTION FROM PROFESSIONAL MISCONDUCT. NOTWITH-
STANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, IT SHALL NOT BE
S. 4007--A 266 A. 3007--A
CONSIDERED PROFESSIONAL MISCONDUCT PURSUANT TO THIS SUBTITLE FOR ANY
PERSON WHO IS LICENSED UNDER THIS CHAPTER AND WHO WOULD OTHERWISE BE
PROHIBITED FROM PRESCRIBING OR ADMINISTERING DRUGS PURSUANT TO THE TITLE
THAT LICENSES SUCH INDIVIDUAL, TO ADMINISTER AN OPIOID ANTAGONIST IN THE
EVENT OF AN EMERGENCY.
§ 6509-E. ADDITIONAL DEFINITION OF PROFESSIONAL MISCONDUCT; MENTAL
HEALTH PROFESSIONALS.
1. FOR THE PURPOSES OF THIS SECTION:
A. "MENTAL HEALTH PROFESSIONAL" MEANS A PERSON SUBJECT TO THE
PROVISIONS OF TITLE SEVENTEEN, EIGHTEEN, OR TWENTY-FIVE OF THIS ARTICLE;
OR ANY OTHER PERSON DESIGNATED AS A MENTAL HEALTH PROFESSIONAL PURSUANT
TO LAW, RULE OR REGULATION.
B. "SEXUAL ORIENTATION CHANGE EFFORTS" (I) MEANS ANY PRACTICE BY A
MENTAL HEALTH PROFESSIONAL THAT SEEKS TO CHANGE AN INDIVIDUAL'S SEXUAL
ORIENTATION, INCLUDING, BUT NOT LIMITED TO, EFFORTS TO CHANGE BEHAVIORS,
GENDER IDENTITY, OR GENDER EXPRESSIONS, OR TO ELIMINATE OR REDUCE SEXUAL
OR ROMANTIC ATTRACTIONS OR FEELINGS TOWARDS INDIVIDUALS OF THE SAME SEX
AND (II) SHALL NOT INCLUDE COUNSELING FOR A PERSON SEEKING TO TRANSITION
FROM ONE GENDER TO ANOTHER, OR PSYCHOTHERAPIES THAT: (A) PROVIDE ACCEPT-
ANCE, SUPPORT AND UNDERSTANDING OF PATIENTS OR THE FACILITATION OF
PATIENTS' COPING, SOCIAL SUPPORT AND IDENTITY EXPLORATION AND DEVELOP-
MENT, INCLUDING SEXUAL ORIENTATION-NEUTRAL INTERVENTIONS TO PREVENT OR
ADDRESS UNLAWFUL CONDUCT OR UNSAFE SEXUAL PRACTICES; AND (B) DO NOT SEEK
TO CHANGE SEXUAL ORIENTATION.
2. IT SHALL BE PROFESSIONAL MISCONDUCT FOR A MENTAL HEALTH PROFES-
SIONAL TO ENGAGE IN SEXUAL ORIENTATION CHANGE EFFORTS UPON ANY PATIENT
UNDER THE AGE OF EIGHTEEN YEARS, AND ANY MENTAL HEALTH PROFESSIONAL
FOUND GUILTY OF SUCH MISCONDUCT UNDER THE PROCEDURES PRESCRIBED IN
SECTION SIXTY-FIVE HUNDRED TEN OF THIS SUBTITLE SHALL BE SUBJECT TO THE
PENALTIES PRESCRIBED IN SECTION SIXTY-FIVE HUNDRED ELEVEN OF THIS SUBTI-
TLE.
§ 6510. PROCEEDINGS IN CASES OF PROFESSIONAL MISCONDUCT. IN CASES OF
PROFESSIONAL MISCONDUCT THE PROCEEDINGS SHALL BE AS FOLLOWS:
1. PRELIMINARY PROCEDURES.
A. COMPLAINT. A COMPLAINT OF A LICENSEE'S PROFESSIONAL MISCONDUCT MAY
BE MADE BY ANY PERSON TO THE EDUCATION DEPARTMENT.
B. INVESTIGATION. THE DEPARTMENT SHALL INVESTIGATE EACH COMPLAINT
WHICH ALLEGES CONDUCT CONSTITUTING PROFESSIONAL MISCONDUCT. THE RESULTS
OF THE INVESTIGATION SHALL BE REFERRED TO THE PROFESSIONAL CONDUCT OFFI-
CER DESIGNATED BY THE DEPARTMENT PURSUANT TO SECTION SIXTY-FIVE HUNDRED
SIX OF THIS SUBTITLE. IF SUCH OFFICER DECIDES THAT THERE IS NOT SUBSTAN-
TIAL EVIDENCE OF PROFESSIONAL MISCONDUCT OR THAT FURTHER PROCEEDINGS ARE
NOT WARRANTED, NO FURTHER ACTION SHALL BE TAKEN. IF SUCH OFFICER, AFTER
CONSULTATION WITH A PROFESSIONAL MEMBER OF THE APPLICABLE STATE BOARD
FOR THE PROFESSION, DETERMINES THAT THERE IS SUBSTANTIAL EVIDENCE OF
PROFESSIONAL MISCONDUCT, AND THAT FURTHER PROCEEDINGS ARE WARRANTED,
SUCH PROCEEDINGS SHALL BE CONDUCTED PURSUANT TO THIS SECTION. IF THE
COMPLAINT INVOLVES A QUESTION OF PROFESSIONAL EXPERTISE, THEN SUCH OFFI-
CER MAY SEEK, AND IF SO SHALL OBTAIN, THE CONCURRENCE OF AT LEAST TWO
MEMBERS OF A PANEL OF THREE MEMBERS OF THE APPLICABLE BOARD. THE DEPART-
MENT SHALL CAUSE A PRELIMINARY REVIEW OF EVERY REPORT MADE TO THE
DEPARTMENT PURSUANT TO SECTION TWENTY-EIGHT HUNDRED THREE-E OF THIS
CHAPTER, AS ADDED BY CHAPTER EIGHT HUNDRED SIXTY-SIX OF THE LAWS OF
NINETEEN HUNDRED EIGHTY, SECTION FORTY-FOUR HUNDRED FIVE-B OF THIS CHAP-
TER AND SECTION THREE HUNDRED FIFTEEN OF THE INSURANCE LAW, TO DETERMINE
S. 4007--A 267 A. 3007--A
IF SUCH REPORT REASONABLY APPEARS TO REFLECT CONDUCT WARRANTING FURTHER
INVESTIGATION PURSUANT TO THIS SUBDIVISION.
C. CHARGES. IN ALL DISCIPLINARY PROCEEDINGS OTHER THAN THOSE TERMI-
NATED BY AN ADMINISTRATIVE WARNING PURSUANT TO PARAGRAPH A OF SUBDIVI-
SION TWO OF THIS SECTION, THE DEPARTMENT SHALL PREPARE THE CHARGES. THE
CHARGES SHALL STATE THE ALLEGED PROFESSIONAL MISCONDUCT AND SHALL STATE
CONCISELY THE MATERIAL FACTS BUT NOT THE EVIDENCE BY WHICH THE CHARGES
ARE TO BE PROVED.
D. RECORDS AND REPORTS AS PUBLIC INFORMATION. IN ALL DISCIPLINARY
PROCEEDINGS BROUGHT PURSUANT TO THIS SECTION OR IN ANY VOLUNTARY SETTLE-
MENT OF A COMPLAINT BETWEEN THE LICENSEE AND THE DEPARTMENT, THE DEPART-
MENT SHALL NOTIFY THE LICENSEE IN WRITING THAT THE RECORD AND REPORTS OF
SUCH DISCIPLINARY PROCEEDING OR OF SUCH VOLUNTARY SETTLEMENT SHALL BE
CONSIDERED MATTERS OF PUBLIC INFORMATION UNLESS SPECIFICALLY EXCEPTED IN
THIS TITLE, OR IN ANY OTHER LAW OR APPLICABLE RULE OR REGULATION.
E. SERVICE OF CHARGES AND NOTICE OF HEARING. IN ORDER TO COMMENCE
DISCIPLINARY PROCEEDINGS UNDER THIS ARTICLE, SERVICE OF A COPY OF THE
CHARGES AND NOTICE OF HEARING MUST BE COMPLETED TWENTY DAYS BEFORE THE
DATE OF THE HEARING IF BY PERSONAL DELIVERY, AND MUST BE COMPLETED TWEN-
TY-FIVE DAYS BEFORE THE DATE OF THE HEARING IF BY ANY OTHER METHOD.
F. SERVICE OF CHARGES AND OF NOTICE OF HEARING UPON A NATURAL PERSON.
PERSONAL SERVICE OF THE CHARGES AND NOTICE OF ANY HEARING PURSUANT TO
SUBDIVISION TWO OR THREE OF THIS SECTION UPON A NATURAL PERSON SHALL BE
MADE BY ANY OF THE FOLLOWING METHODS:
(I) BY DELIVERY WITHIN THE STATE TO THE PERSON TO BE SERVED;
(II) BY DELIVERY WITHIN THE STATE TO A PERSON OF SUITABLE AGE AND
DISCRETION AT THE ACTUAL PLACE OF BUSINESS, DWELLING PLACE OR USUAL
PLACE OF ABODE OF THE PERSON TO BE SERVED AND EITHER: (A) BY MAILING BY
CERTIFIED MAIL, RETURN RECEIPT REQUESTED, TO THE PERSON TO BE SERVED AT
HIS OR HER LAST KNOWN RESIDENCE, OR (B) BY MAILING BY CERTIFIED MAIL,
RETURN RECEIPT REQUESTED, TO THE PERSON TO BE SERVED AT HIS OR HER LAST
ADDRESS ON FILE WITH THE DIVISION OF LICENSING SERVICES OF THE DEPART-
MENT IN AN ENVELOPE BEARING THE LEGEND "PERSONAL AND CONFIDENTIAL,"
PROVIDED THAT, IN EITHER CASE: SUCH DELIVERY AND MAILING SHALL BE
EFFECTED WITHIN TWENTY DAYS OF EACH OTHER; SERVICE PURSUANT TO THIS
SUBPARAGRAPH SHALL BE COMPLETE TEN DAYS AFTER EITHER THE DELIVERY, OR
THE MAILING, WHICHEVER IS LATER; AND PROOF OF SERVICE SHALL, AMONG OTHER
THINGS, IDENTIFY SUCH PERSON OF SUITABLE AGE AND DISCRETION AND STATE
THE DATE, TIME AND PLACE OF SUCH SERVICE; OR
(III) WHERE SERVICE UNDER SUBPARAGRAPHS (I) AND (II) OF THIS PARAGRAPH
CANNOT BE MADE WITH DUE DILIGENCE, A COPY OF THE CHARGES AND THE NOTICE
OF HEARING SHALL BE SERVED BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED,
TO THE PERSON'S LAST KNOWN ADDRESS ON FILE WITH THE DIVISION OF LICENS-
ING SERVICES OF THE DEPARTMENT OR BY AFFIXING THE CHANGES AND THE NOTICE
OF HEARING TO THE DOOR OF EITHER THE ACTUAL PLACE OF BUSINESS, DWELLING
PLACE OR USUAL PLACE OF ABODE OF THE PERSON TO BE SERVED; PROVIDED THAT:
SERVICE PURSUANT TO THIS SUBPARAGRAPH SHALL BE COMPLETE TEN DAYS AFTER
SUCH MAILING, AND PROOF OF SERVICE SHALL SET FORTH THE DEPARTMENT'S
EFFORTS OF DUE DILIGENCE.
G. SERVICE OF CHARGES AND NOTICE OF HEARING OUTSIDE OF THE STATE. A
NATURAL PERSON SUBJECT TO THE JURISDICTION OF THE DEPARTMENT MAY BE
SERVED WITH A COPY OF THE CHARGES AND THE NOTICE OF HEARING OUTSIDE OF
THE STATE IN THE SAME MANNER AS SERVICE IS MADE WITHIN THE STATE, BY ANY
PERSON AUTHORIZED TO MAKE SERVICE WITHIN THE STATE OF NEW YORK OR BY ANY
PERSON AUTHORIZED TO MAKE SERVICE BY THE LAWS OF THE STATE, TERRITORY,
S. 4007--A 268 A. 3007--A
POSSESSION OR COUNTRY IN WHICH SERVICE IS MADE OR BY ANY DULY QUALIFIED
ATTORNEY OR EQUIVALENT IN SUCH JURISDICTION.
2. EXPEDITED PROCEDURES.
A. VIOLATIONS. VIOLATIONS INVOLVING PROFESSIONAL MISCONDUCT OF A MINOR
OR TECHNICAL NATURE MAY BE RESOLVED BY EXPEDITED PROCEDURES AS PROVIDED
IN PARAGRAPH B OR C OF THIS SUBDIVISION. FOR PURPOSES OF THIS SUBDIVI-
SION, VIOLATIONS OF A MINOR OR TECHNICAL NATURE SHALL INCLUDE, BUT SHALL
NOT BE LIMITED TO, ISOLATED INSTANCES OF VIOLATIONS CONCERNING PROFES-
SIONAL ADVERTISING OR RECORD KEEPING, AND OTHER ISOLATED VIOLATIONS
WHICH DO NOT DIRECTLY AFFECT OR IMPAIR THE PUBLIC HEALTH, WELFARE OR
SAFETY. THE DEPARTMENT SHALL MAKE RECOMMENDATIONS TO THE LEGISLATURE ON
OR BEFORE JUNE FIRST, NINETEEN HUNDRED EIGHTY-ONE, FOR THE FURTHER DEFI-
NITION OF VIOLATIONS OF A MINOR OR TECHNICAL NATURE. THE INITIAL
INSTANCE OF ANY VIOLATION OF A MINOR OR TECHNICAL NATURE MAY BE RESOLVED
BY THE ISSUANCE OF AN ADMINISTRATIVE WARNING PURSUANT TO PARAGRAPH B OF
THIS SUBDIVISION. SUBSEQUENT INSTANCES OF SIMILAR VIOLATIONS OF A MINOR
OR TECHNICAL NATURE WITHIN A PERIOD OF THREE YEARS MAY BE RESOLVED BY
THE PROCEDURE SET FORTH IN PARAGRAPH C OF THIS SUBDIVISION.
B. ADMINISTRATIVE WARNING. IF A PROFESSIONAL CONDUCT OFFICER, AFTER
CONSULTATION WITH A PROFESSIONAL MEMBER OF THE STATE BOARD, DETERMINES
THAT THERE IS SUBSTANTIAL EVIDENCE OF PROFESSIONAL MISCONDUCT BUT THAT
IT IS AN INITIAL VIOLATION OF A MINOR OR TECHNICAL NATURE WHICH WOULD
NOT JUSTIFY THE IMPOSITION OF A MORE SEVERE DISCIPLINARY PENALTY, THE
MATTER MAY BE TERMINATED BY THE ISSUANCE OF AN ADMINISTRATIVE WARNING.
SUCH WARNINGS SHALL BE CONFIDENTIAL AND SHALL NOT CONSTITUTE AN ADJUDI-
CATION OF GUILT OR BE USED AS EVIDENCE THAT THE LICENSEE IS GUILTY OF
THE ALLEGED MISCONDUCT. HOWEVER, IN THE EVENT OF A FURTHER ALLEGATION OF
SIMILAR MISCONDUCT BY THE SAME LICENSEE, THE MATTER MAY BE REOPENED AND
FURTHER PROCEEDINGS INSTITUTED AS PROVIDED IN THIS SECTION.
C. DETERMINATION OF PENALTY ON UNCONTESTED MINOR VIOLATIONS. IF A
PROFESSIONAL CONDUCT OFFICER, AFTER CONSULTATION WITH A PROFESSIONAL
MEMBER OF THE STATE BOARD, DETERMINES THAT THERE IS SUBSTANTIAL EVIDENCE
OF A VIOLATION OF A MINOR OR TECHNICAL NATURE, AND OF A NATURE JUSTIFY-
ING A PENALTY AS SPECIFIED IN THIS PARAGRAPH, THE DEPARTMENT MAY PREPARE
AND SERVE CHARGES EITHER BY PERSONAL SERVICE OR BY CERTIFIED MAIL,
RETURN RECEIPT REQUESTED. SUCH CHARGES SHALL INCLUDE A STATEMENT THAT
UNLESS AN ANSWER IS RECEIVED WITHIN TWENTY DAYS DENYING THE CHARGES, THE
MATTER SHALL BE REFERRED TO A VIOLATIONS COMMITTEE CONSISTING OF AT
LEAST THREE MEMBERS OF THE STATE BOARD FOR THE PROFESSION, AT LEAST ONE
OF WHOM SHALL BE A PUBLIC REPRESENTATIVE, FOR DETERMINATION. THE
VIOLATIONS PANEL SHALL BE APPOINTED BY THE EXECUTIVE SECRETARY OF THE
STATE BOARD. THE LICENSEE SHALL BE GIVEN AT LEAST FIFTEEN DAYS NOTICE OF
THE TIME AND PLACE OF THE MEETING OF THE VIOLATIONS COMMITTEE AND SHALL
HAVE THE RIGHT TO APPEAR IN PERSON AND BY AN ATTORNEY AND TO MAKE A
STATEMENT TO THE COMMITTEE IN MITIGATION OR EXPLANATION OF THE MISCON-
DUCT. THE DEPARTMENT MAY APPEAR AND MAKE A STATEMENT IN SUPPORT OF ITS
POSITION. THE VIOLATIONS COMMITTEE MAY ISSUE A CENSURE AND REPRIMAND,
AND IN ADDITION, OR IN THE ALTERNATIVE, MAY IMPOSE A FINE NOT TO EXCEED
FIVE HUNDRED DOLLARS FOR EACH SPECIFICATION OF MINOR, OR TECHNICAL
MISCONDUCT. IF THE FINE IS NOT PAID WITHIN THREE MONTHS THE MATTER MAY
BE REOPENED AND SHALL BE SUBJECT TO THE HEARING AND REGENTS DECISION
PROCEDURES OF THIS SECTION. THE DETERMINATION OF THE PANEL SHALL BE
FINAL AND SHALL NOT BE SUBJECT TO THE REGENTS DECISION PROCEDURES OF
THIS SECTION. IF AN ANSWER IS FILED DENYING THE CHARGES, THE MATTER
SHALL BE PROCESSED AS PROVIDED IN SUBDIVISION THREE OF THIS SECTION.
S. 4007--A 269 A. 3007--A
D. CONVICTIONS OF CRIMES OR ADMINISTRATIVE VIOLATIONS. IN CASES OF
PROFESSIONAL MISCONDUCT BASED SOLELY UPON A VIOLATION OF SUBDIVISION
FIVE OF SECTION SIXTY-FIVE HUNDRED NINE OF THIS SUBTITLE, THE PROFES-
SIONAL CONDUCT OFFICER MAY PREPARE AND SERVE THE CHARGES AND MAY REFER
THE MATTER DIRECTLY TO A REGENTS REVIEW COMMITTEE FOR ITS REVIEW AND
REPORT OF ITS FINDINGS, DETERMINATION AS TO GUILT, AND RECOMMENDATION AS
TO THE MEASURE OF DISCIPLINE TO BE IMPOSED. IN SUCH CASES THE NOTICE OF
HEARING SHALL STATE THAT THE LICENSEE MAY FILE A WRITTEN ANSWER, BRIEF
AND AFFIDAVITS; THAT THE LICENSEE MAY APPEAR PERSONALLY BEFORE THE
REGENTS REVIEW COMMITTEE, MAY BE REPRESENTED BY COUNSEL AND MAY PRESENT
EVIDENCE OR SWORN TESTIMONY ON BEHALF OF THE LICENSEE, AND THE NOTICE
MAY CONTAIN SUCH OTHER INFORMATION AS MAY BE CONSIDERED APPROPRIATE BY
THE DEPARTMENT. THE DEPARTMENT MAY ALSO PRESENT EVIDENCE OR SWORN TESTI-
MONY AT THE HEARING. A STENOGRAPHIC RECORD OF THE HEARING SHALL BE MADE.
SUCH EVIDENCE OR SWORN TESTIMONY OFFERED AT THE MEETING OF THE REGENTS
REVIEW COMMITTEE SHALL BE LIMITED TO EVIDENCE AND TESTIMONY RELATING TO
THE NATURE AND SEVERITY OF THE PENALTY TO BE IMPOSED UPON THE LICENSEE.
THE PRESIDING OFFICER AT THE MEETING OF THE REGENTS REVIEW COMMITTEE
MAY, IN HIS OR HER DISCRETION, REASONABLY LIMIT THE NUMBER OF WITNESSES
WHOSE TESTIMONY WILL BE RECEIVED AND THE LENGTH OF TIME ANY WITNESS WILL
BE PERMITTED TO TESTIFY. IN LIEU OF REFERRING THE MATTER TO THE DEPART-
MENT, THE REGENTS REVIEW COMMITTEE MAY REFER ANY SUCH MATTER FOR FURTHER
PROCEEDINGS PURSUANT TO PARAGRAPH B OR C OF THIS SUBDIVISION OR SUBDIVI-
SION THREE OF THIS SECTION.
3. ADVERSARY PROCEEDINGS. CONTESTED DISCIPLINARY PROCEEDINGS AND OTHER
DISCIPLINARY PROCEEDINGS NOT RESOLVED PURSUANT TO SUBDIVISION TWO OF
THIS SECTION SHALL BE TRIED BEFORE A HEARING PANEL OF THE APPROPRIATE
STATE BOARD AS PROVIDED IN THIS SUBDIVISION.
A. NOTICE OF HEARING. THE DEPARTMENT SHALL SET THE TIME AND PLACE OF
THE HEARING AND SHALL PREPARE THE NOTICE OF HEARING. THE NOTICE OF HEAR-
ING SHALL STATE (I) THE TIME AND PLACE OF THE HEARING, (II) THAT THE
LICENSEE MAY FILE A WRITTEN ANSWER TO THE CHARGES PRIOR TO THE HEARING,
(III) THAT THE LICENSEE MAY APPEAR PERSONALLY AT THE HEARING AND MAY BE
REPRESENTED BY COUNSEL, (IV) THAT THE LICENSEE SHALL HAVE THE RIGHT TO
PRODUCE WITNESSES AND EVIDENCE IN HIS BEHALF, TO CROSS-EXAMINE WITNESSES
AND EXAMINE EVIDENCE PRODUCED AGAINST HIM, AND TO ISSUE SUBPOENAS IN
ACCORDANCE WITH THE PROVISIONS OF THE CIVIL PRACTICE LAW AND RULES, (V)
THAT A STENOGRAPHIC RECORD OF THE HEARING WILL BE MADE, AND (VI) SUCH
OTHER INFORMATION AS MAY BE CONSIDERED APPROPRIATE BY THE DEPARTMENT.
B. HEARING PANEL. THE HEARING SHALL BE CONDUCTED BY A PANEL OF THREE
OR MORE MEMBERS, AT LEAST TWO OF WHOM SHALL BE MEMBERS OF THE APPLICABLE
STATE BOARD FOR THE PROFESSION, AND AT LEAST ONE OF WHOM SHALL BE A
PUBLIC REPRESENTATIVE WHO IS A MEMBER OF THE APPLICABLE STATE BOARD OR
OF THE STATE BOARD FOR ANOTHER PROFESSION LICENSED PURSUANT TO THIS
ARTICLE. THE EXECUTIVE SECRETARY FOR THE APPLICABLE STATE BOARD SHALL
APPOINT THE PANEL AND SHALL DESIGNATE ITS CHAIRPERSON. AFTER THE
COMMENCEMENT OF A HEARING, NO PANEL MEMBER SHALL BE REPLACED. A DETERMI-
NATION BY THE ADMINISTRATIVE OFFICER OF A NEED TO DISQUALIFY OR REMOVE
ANY PANEL MEMBER WILL RESULT IN THE DISQUALIFICATION OR REMOVAL OF THE
PANEL AND CAUSE A NEW PANEL TO BE APPOINTED. IN ADDITION TO SAID PANEL
MEMBERS, THE DEPARTMENT SHALL DESIGNATE AN ADMINISTRATIVE OFFICER,
ADMITTED TO PRACTICE AS AN ATTORNEY IN THE STATE OF NEW YORK, WHO SHALL
HAVE THE AUTHORITY TO RULE ON ALL MOTIONS, PROCEDURES AND OTHER LEGAL
OBJECTIONS AND SHALL DRAFT A REPORT FOR THE HEARING PANEL WHICH SHALL BE
SUBJECT TO THE APPROVAL OF AND SIGNATURE BY THE PANEL CHAIRPERSON ON
S. 4007--A 270 A. 3007--A
BEHALF OF THE PANEL. THE ADMINISTRATIVE OFFICER SHALL NOT BE ENTITLED TO
A VOTE.
C. CONDUCT OF HEARING. THE EVIDENCE IN SUPPORT OF THE CHARGES SHALL BE
PRESENTED BY AN ATTORNEY FOR THE DEPARTMENT. THE LICENSEE SHALL HAVE THE
RIGHTS REQUIRED TO BE STATED IN THE NOTICE OF HEARING. THE PANEL SHALL
NOT BE BOUND BY THE RULES OF EVIDENCE, BUT ITS DETERMINATION OF GUILT
SHALL BE BASED ON A PREPONDERANCE OF THE EVIDENCE. A HEARING WHICH HAS
BEEN INITIATED SHALL NOT BE DISCONTINUED BECAUSE OF THE DEATH OR INCA-
PACITY TO SERVE OF ONE MEMBER OF THE HEARING PANEL.
D. RESULTS OF HEARING. THE HEARING PANEL SHALL RENDER A WRITTEN REPORT
WHICH SHALL INCLUDE (I) FINDINGS OF FACT, (II) A DETERMINATION OF GUILTY
OR NOT GUILTY ON EACH CHARGE, AND (III) IN THE EVENT OF A DETERMINATION
OF GUILTY, A RECOMMENDATION OF THE PENALTY TO BE IMPOSED. FOR THE PANEL
TO MAKE A DETERMINATION OF GUILTY, A MINIMUM OF TWO OF THE VOTING
MEMBERS OF THE PANEL MUST VOTE FOR SUCH A DETERMINATION. A COPY OF THE
REPORT OF THE HEARING PANEL SHALL BE TRANSMITTED TO THE LICENSEE.
4. REGENTS DECISION PROCEDURES.
A. REGENTS REVIEW COMMITTEE. THE TRANSCRIPT AND REPORT OF THE HEARING
PANEL SHALL BE REVIEWED AT A MEETING BY A REGENTS REVIEW COMMITTEE
APPOINTED BY THE DEPARTMENT. THE REGENTS REVIEW COMMITTEE SHALL CONSIST
OF THREE MEMBERS, AT LEAST ONE OF WHOM SHALL BE A REGENT PURSUANT TO
SECTION TWO HUNDRED TWO OF THE EDUCATION LAW.
B. REGENTS REVIEW COMMITTEE MEETINGS. THE REVIEW SHALL BE BASED ON THE
TRANSCRIPT AND THE REPORT OF THE HEARING PANEL. THE LICENSEE MAY APPEAR
AT THE MEETING, AND THE REGENTS REVIEW COMMITTEE MAY REQUIRE THE LICEN-
SEE TO APPEAR. THE LICENSEE MAY BE REPRESENTED BY COUNSEL. THE DEPART-
MENT SHALL NOTIFY THE LICENSEE AT LEAST SEVEN DAYS BEFORE THE MEETING
(I) OF THE TIME AND PLACE OF THE MEETING, (II) OF HIS RIGHT TO APPEAR,
(III) OF HIS OR HER RIGHT TO BE REPRESENTED BY COUNSEL, (IV) WHETHER OR
NOT HE OR SHE IS REQUIRED TO APPEAR, AND (V) OF SUCH OTHER INFORMATION
AS MAY BE CONSIDERED APPROPRIATE. AFTER THE MEETING, THE REGENTS REVIEW
COMMITTEE SHALL TRANSMIT A WRITTEN REPORT OF ITS REVIEW TO THE DEPART-
MENT. IN CASES REFERRED DIRECTLY TO THE REGENTS REVIEW COMMITTEE PURSU-
ANT TO PARAGRAPH D OF SUBDIVISION TWO OF THIS SECTION, THE REVIEW SHALL
BE BASED UPON THE CHARGES, THE DOCUMENTARY EVIDENCE SUBMITTED BY THE
DEPARTMENT, ANY ANSWER, AFFIDAVITS OR BRIEF THE LICENSEE MAY WISH TO
SUBMIT, AND ANY EVIDENCE OR SWORN TESTIMONY PRESENTED BY THE LICENSEE OR
THE DEPARTMENT AT THE HEARING, PURSUANT TO THE PROCEDURES DESCRIBED BY
PARAGRAPH D OF SUBDIVISION TWO OF THIS SECTION.
C. REGENTS DECISION AND ORDER. THE DEPARTMENT (I) SHALL CONSIDER THE
TRANSCRIPT, THE REPORT OF THE HEARING PANEL, AND THE REPORT OF THE
REGENTS REVIEW COMMITTEE, (II) SHALL DECIDE WHETHER THE LICENSEE IS
GUILTY OR NOT GUILTY ON EACH CHARGE, (III) SHALL DECIDE WHAT PENALTIES,
IF ANY, TO IMPOSE AS PRESCRIBED IN SECTION SIXTY-FIVE HUNDRED ELEVEN OF
THIS SUBTITLE, AND (IV) SHALL ISSUE AN ORDER TO CARRY OUT ITS DECISIONS.
SUCH DECISIONS SHALL REQUIRE THE AFFIRMATIVE VOTE OF A MAJORITY OF THE
MEMBERS OF THE DEPARTMENT. IF THE DEPARTMENT DISAGREES WITH THE HEARING
PANEL'S DETERMINATION OF NOT GUILTY, IT SHALL REMAND THE MATTER TO THE
ORIGINAL PANEL FOR RECONSIDERATION OR TO A NEW PANEL FOR A NEW HEARING.
THE PANEL'S DETERMINATION OF NOT GUILTY ON RECONSIDERATION OR A NEW
HEARING SHALL BE FINAL. THE ORDER SHALL BE SERVED UPON THE LICENSEE
PERSONALLY OR BY CERTIFIED MAIL TO THE LICENSEE'S LAST KNOWN ADDRESS AND
SUCH SERVICE SHALL BE EFFECTIVE AS OF THE DATE OF THE PERSONAL SERVICE
OR FIVE DAYS AFTER MAILING BY CERTIFIED MAIL. THE LICENSEE SHALL DELIVER
TO THE DEPARTMENT THE LICENSE AND REGISTRATION CERTIFICATE WHICH HAS
BEEN REVOKED, ANNULLED, SUSPENDED, OR SURRENDERED WITHIN FIVE DAYS AFTER
S. 4007--A 271 A. 3007--A
THE EFFECTIVE DATE OF THE SERVICE OF THE ORDER. IF THE LICENSE OR REGIS-
TRATION CERTIFICATE IS LOST, MISPLACED OR ITS WHEREABOUTS IS OTHERWISE
UNKNOWN, THE LICENSEE SHALL SUBMIT AN AFFIDAVIT TO THAT EFFECT, AND
SHALL DELIVER SUCH LICENSE OR CERTIFICATE TO THE DEPARTMENT WHEN
LOCATED.
5. COURT REVIEW PROCEDURES. THE DECISIONS OF THE DEPARTMENT MAY BE
REVIEWED PURSUANT TO THE PROCEEDINGS UNDER ARTICLE SEVENTY-EIGHT OF THE
CIVIL PRACTICE LAW AND RULES. SUCH PROCEEDINGS SHALL BE RETURNABLE
BEFORE THE APPELLATE DIVISION OF THE THIRD JUDICIAL DEPARTMENT, AND SUCH
DECISIONS SHALL NOT BE STAYED OR ENJOINED EXCEPT UPON APPLICATION TO
SUCH APPELLATE DIVISION AFTER NOTICE TO THE DEPARTMENT AND TO THE ATTOR-
NEY GENERAL AND UPON A SHOWING THAT THE PETITIONER HAS A SUBSTANTIAL
LIKELIHOOD OF SUCCESS.
5-A. AT ANY TIME, IF THE PROFESSIONAL CONDUCT OFFICER OR HIS OR HER
DESIGNEE DESIGNATED TO INVESTIGATE A COMPLAINT OF PROFESSIONAL MISCON-
DUCT OF A LICENSED HEALTH CARE PROVIDER OR LICENSED MENTAL HEALTH CARE
PROVIDER DETERMINES THAT THERE IS A REASONABLE BELIEF THAT AN ACT THAT
CONSTITUTES A SEX OFFENSE IDENTIFIED IN PARAGRAPH (H) OF SUBDIVISION
THREE OF SECTION 130.05 OF THE PENAL LAW HAS BEEN COMMITTED BY THE
LICENSEE AGAINST A CLIENT OR PATIENT DURING A TREATMENT SESSION, CONSUL-
TATION, INTERVIEW, OR EXAMINATION, THE PROFESSIONAL CONDUCT OFFICER OR
THE OFFICE OF PROFESSIONAL DISCIPLINE SHALL NOTIFY THE APPROPRIATE LAW
ENFORCEMENT OFFICIAL OR AUTHORITY.
6. THE PROVISIONS OF SUBDIVISIONS ONE, TWO, THREE AND FOUR OF THIS
SECTION SHALL NOT BE APPLICABLE TO PROCEEDINGS IN CASES OF PROFESSIONAL
MISCONDUCT INVOLVING THE MEDICAL PROFESSION, EXCEPT AS PROVIDED IN PARA-
GRAPH (M) OF SUBDIVISION TEN OF SECTION TWO HUNDRED THIRTY OF THIS CHAP-
TER.
7. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, PERSONS WHO ASSIST THE
DEPARTMENT AS CONSULTANTS OR EXPERT WITNESSES IN THE INVESTIGATION OR
PROSECUTION OF ALLEGED PROFESSIONAL MISCONDUCT, LICENSURE MATTERS,
RESTORATION PROCEEDINGS, OR CRIMINAL PROSECUTIONS FOR UNAUTHORIZED PRAC-
TICE, SHALL NOT BE LIABLE FOR DAMAGES IN ANY CIVIL ACTION OR PROCEEDING
AS A RESULT OF SUCH ASSISTANCE, EXCEPT UPON PROOF OF ACTUAL MALICE. THE
ATTORNEY GENERAL SHALL DEFEND SUCH PERSONS IN ANY SUCH ACTION OR
PROCEEDING, IN ACCORDANCE WITH SECTION SEVENTEEN OF THE PUBLIC OFFICERS
LAW.
8. THE FILES OF THE DEPARTMENT RELATING TO THE INVESTIGATION OF POSSI-
BLE INSTANCES OF PROFESSIONAL MISCONDUCT, OR THE UNLAWFUL PRACTICE OF
ANY PROFESSION LICENSED BY THE DEPARTMENT, OR THE UNLAWFUL USE OF A
PROFESSIONAL TITLE OR THE MORAL FITNESS OF AN APPLICANT FOR A PROFES-
SIONAL LICENSE OR PERMIT, SHALL BE CONFIDENTIAL AND NOT SUBJECT TO
DISCLOSURE AT THE REQUEST OF ANY PERSON, EXCEPT UPON THE ORDER OF A
COURT IN A PENDING ACTION OR PROCEEDING. THE PROVISIONS OF THIS SUBDI-
VISION SHALL NOT APPLY TO DOCUMENTS INTRODUCED IN EVIDENCE AT A HEARING
HELD PURSUANT TO THIS CHAPTER AND SHALL NOT PREVENT THE DEPARTMENT FROM
SHARING INFORMATION CONCERNING INVESTIGATIONS WITH OTHER DULY AUTHORIZED
PUBLIC AGENCIES RESPONSIBLE FOR PROFESSIONAL REGULATION OR CRIMINAL
PROSECUTION.
9. A DISCIPLINARY PROCEEDING UNDER SUBDIVISION THREE OR FOUR OF THIS
SECTION SHALL BE TREATED IN THE SAME MANNER AS AN ACTION OR PROCEEDING
IN SUPREME COURT FOR THE PURPOSE OF ANY CLAIM BY COUNSEL OF ACTUAL
ENGAGEMENT.
§ 6510-A. TEMPORARY SURRENDER OF LICENSES DURING TREATMENT FOR DRUG OR
ALCOHOL ABUSE. 1. THE LICENSE AND REGISTRATION OF A LICENSEE WHO MAY BE
TEMPORARILY INCAPACITATED FOR THE ACTIVE PRACTICE OF A PROFESSION
S. 4007--A 272 A. 3007--A
LICENSED PURSUANT TO THIS ARTICLE, EXCEPT PROFESSIONALS LICENSED PURSU-
ANT TO TITLE TWO OR FOUR OF THIS ARTICLE, AND WHOSE ALLEGED INCAPACITY
IS THE RESULT OF A PROBLEM OF DRUG OR ALCOHOL ABUSE WHICH HAS NOT
RESULTED IN HARM TO A PATIENT OR CLIENT, MAY BE VOLUNTARILY SURRENDERED
TO THE DEPARTMENT, WHICH MAY ACCEPT AND HOLD SUCH LICENSE DURING THE
PERIOD OF SUCH ALLEGED INCAPACITY OR THE DEPARTMENT MAY ACCEPT THE
SURRENDER OF SUCH LICENSE AFTER AGREEMENT TO CONDITIONS TO BE MET PRIOR
TO THE RESTORATION OF THE LICENSE. THE DEPARTMENT SHALL GIVE WRITTEN
NOTIFICATION OF SUCH SURRENDER TO THE LICENSING AUTHORITIES OF ANY OTHER
STATE OR COUNTRY IN WHICH THE LICENSEE IS AUTHORIZED TO PRACTICE. IN
ADDITION TO THE FOREGOING, THE DEPARTMENT SHALL ALSO GIVE WRITTEN
NOTIFICATION OF SUCH SURRENDER, FOR PROFESSIONALS LICENSED PURSUANT TO
TITLES SIX, SEVEN, TEN, OR TWELVE OF THIS ARTICLE TO THE COMMISSIONER OR
HIS OR HER DESIGNEE, AND WHERE APPROPRIATE TO EACH HOSPITAL AT WHICH THE
PROFESSIONAL HAS PRIVILEGES, IS AFFILIATED, OR IS EMPLOYED. THE LICENSEE
WHOSE LICENSE IS SO SURRENDERED SHALL NOTIFY ALL PERSONS WHO REQUEST
PROFESSIONAL SERVICES THAT HE OR SHE HAS TEMPORARILY WITHDRAWN FROM THE
PRACTICE OF THE PROFESSION. THE DEPARTMENT MAY PROVIDE FOR SIMILAR
NOTIFICATION OF PATIENTS OR CLIENTS AND OF OTHER INTERESTED PARTIES, AS
APPROPRIATE UNDER THE CIRCUMSTANCES OF THE PROFESSIONAL PRACTICE AND
RESPONSIBILITIES OF THE LICENSEE. THE LICENSURE STATUS OF SUCH LICENSEE
SHALL BE "INACTIVE" AND HE OR SHE SHALL NOT BE AUTHORIZED TO PRACTICE
THE PROFESSION AND SHALL REFRAIN FROM PRACTICE IN THIS STATE OR IN ANY
OTHER STATE OR COUNTRY. THE VOLUNTARY SURRENDER SHALL NOT BE DEEMED TO
BE AN ADMISSION OF DISABILITY OR OF PROFESSIONAL MISCONDUCT AND SHALL
NOT BE USED AS EVIDENCE OF A VIOLATION OF SUBDIVISION THREE OR FOUR OF
SECTION SIXTY-FIVE HUNDRED NINE OF THIS SUBTITLE, UNLESS THE LICENSEE
PRACTICES WHILE THE LICENSE IS "INACTIVE"; AND ANY SUCH PRACTICE SHALL
CONSTITUTE A VIOLATION OF SUBDIVISION EIGHT OF SUCH SECTION. THE SURREN-
DER OF A LICENSE UNDER THIS SUBDIVISION SHALL NOT BAR ANY DISCIPLINARY
ACTION EXCEPT ACTION BASED SOLELY UPON THE PROVISIONS OF SUBDIVISION
THREE OR FOUR OF SECTION SIXTY-FIVE HUNDRED NINE OF THIS SUBTITLE, AND
ONLY IF NO HARM TO A PATIENT HAS RESULTED; AND SHALL NOT BAR ANY CIVIL
OR CRIMINAL ACTION OR PROCEEDING WHICH MIGHT BE BROUGHT WITHOUT REGARD
TO SUCH SURRENDER. A SURRENDERED LICENSE SHALL BE RESTORED UPON A SHOW-
ING TO THE SATISFACTION OF THE DEPARTMENT THAT THE LICENSEE IS NOT INCA-
PACITATED FOR THE ACTIVE PRACTICE OF THE PROFESSION, PROVIDED THAT THE
DEPARTMENT MAY, BY ORDER OF THE COMMISSIONER, IMPOSE REASONABLE CONDI-
TIONS ON THE LICENSEE, IF IT DETERMINES THAT BECAUSE OF THE NATURE AND
EXTENT OF THE LICENSEE'S FORMER INCAPACITY, SUCH CONDITIONS ARE NECES-
SARY TO PROTECT THE HEALTH, SAFETY AND WELFARE OF THE PUBLIC. PROMPT
WRITTEN NOTIFICATION OF SUCH RESTORATION SHALL BE GIVEN TO ALL LICENSING
BODIES WHICH WERE NOTIFIED OF THE TEMPORARY SURRENDER OF THE LICENSE.
2. THERE SHALL BE APPOINTED WITHIN THE DEPARTMENT, BY THE DEPARTMENT,
A COMMITTEE ON DRUG AND ALCOHOL ABUSE, WHICH SHALL ADVISE THE DEPARTMENT
ON MATTERS RELATING TO PRACTICE BY PROFESSIONAL LICENSEES WITH DRUG OR
ALCOHOL ABUSE PROBLEMS, AND WHICH SHALL ADMINISTER THE PROVISIONS OF
THIS SECTION. THE DEPARTMENT SHALL DETERMINE THE SIZE, COMPOSITION, AND
TERMS OF OFFICE OF SUCH COMMITTEE, A MAJORITY OF THE MEMBERS OF WHICH
SHALL BE PERSONS WITH EXPERTISE IN PROBLEMS OF DRUG OR ALCOHOL ABUSE.
THE COMMITTEE SHALL RECOMMEND TO THE DEPARTMENT SUCH RULES AS ARE NECES-
SARY TO CARRY OUT THE PURPOSES OF THIS SECTION, INCLUDING BUT NOT LIMIT-
ED TO PROCEDURES FOR THE SUBMISSION OF APPLICATIONS FOR THE SURRENDER OF
A LICENSE AND FOR THE REFERRAL OF CASES FOR INVESTIGATION OR PROSECUTION
PURSUANT TO SECTION SIXTY-FIVE HUNDRED TEN OF THIS SUBTITLE IF A LICEN-
SEE FAILS TO COMPLY WITH THE CONDITIONS OF AN APPROVED PROGRAM OF TREAT-
S. 4007--A 273 A. 3007--A
MENT. THERE SHALL BE AN EXECUTIVE SECRETARY APPOINTED BY THE DEPARTMENT
TO ASSIST THE COMMITTEE. THE EXECUTIVE SECRETARY SHALL EMPLOY, OR OTHER-
WISE RETAIN, THE SERVICES OF A REGISTERED PROFESSIONAL NURSE WITH APPRO-
PRIATE QUALIFICATIONS IN SUBSTANCE ABUSE AND ADDICTION TO ASSIST IN THE
IMPLEMENTATION OF THE PROGRAM AUTHORIZED BY SECTION SIX THOUSAND FIVE
HUNDRED TEN-C OF THIS SUBTITLE. DETERMINATIONS BY THE COMMITTEE RELATING
TO LICENSEES SHALL BE MADE BY PANELS OF AT LEAST THREE MEMBERS OF THE
COMMITTEE DESIGNATED BY THE EXECUTIVE SECRETARY, WHO SHALL ALSO DESIG-
NATE A MEMBER OF THE STATE BOARD FOR THE LICENSEE'S PROFESSION AS THE
EX-OFFICIO NON-VOTING MEMBER OF EACH PANEL. IN THE CASE OF A DETERMI-
NATION RELATING TO A LICENSED NURSE, AT LEAST ONE PANEL MEMBER MUST BE A
REGISTERED PROFESSIONAL NURSE LICENSED BY THE STATE.
3. APPLICATION FOR THE SURRENDER OF A LICENSE PURSUANT TO THIS SECTION
SHALL BE SUBMITTED TO THE COMMITTEE, AND SHALL IDENTIFY A PROPOSED
TREATMENT OR REHABILITATION PROGRAM, AND SHALL INCLUDE A CONSENT TO THE
RELEASE OF ALL INFORMATION CONCERNING THE LICENSEE'S TREATMENT TO THE
COMMITTEE. ALL INFORMATION CONCERNING AN APPLICATION, OTHER THAN THE
FACT OF THE SURRENDER OF THE LICENSE AND THE PARTICIPATION IN THE
PROGRAM AND THE SUCCESSFUL COMPLETION OR FAILURE OF OR WITHDRAWAL FROM
THE PROGRAM, SHALL BE STRICTLY CONFIDENTIAL, AND MAY NOT BE RELEASED BY
THE COMMITTEE TO ANY PERSON OR BODY WITHOUT THE CONSENT OF THE LICENSEE.
THE IMMUNITY FROM DISCIPLINARY ACTION CONFERRED BY THIS SECTION SHALL BE
CONDITIONED UPON THE APPROVAL OF THE TREATMENT OR REHABILITATION PROGRAM
BY THE COMMITTEE AND ITS SUCCESSFUL COMPLETION BY THE APPLICANT AND THE
ELIMINATION OF THE INCAPACITY TO PRACTICE. APPROVAL OF A TREATMENT OR
REHABILITATION PROGRAM BY THE COMMITTEE SHALL NOT CONSTITUTE A REPRESEN-
TATION AS TO THE PROBABILITY OF SUCCESS OF THE PROGRAM OR ANY ASSUMPTION
OF FINANCIAL RESPONSIBILITY FOR ITS COSTS.
4. THE IMMUNITY FROM DISCIPLINARY ACTION CONFERRED BY THIS SECTION MAY
BE REVOKED BY THE COMMITTEE UPON A FINDING THAT THE LICENSEE HAS FAILED
TO SUCCESSFULLY COMPLETE THE PROGRAM OR THAT THE INCAPACITY TO PRACTICE
HAS NOT BEEN ELIMINATED. SUCH REVOCATION SHALL BE MADE ONLY AFTER NOTICE
AND AN OPPORTUNITY TO BE HEARD, BUT NO ADJUDICATORY HEARING SHALL BE
REQUIRED. THE MATTER SHALL BE REFERRED FOR APPROPRIATE PROCEEDINGS
PURSUANT TO SECTION SIXTY-FIVE HUNDRED TEN OF THIS SUBTITLE. THE LICENSE
SHALL BE RETURNED UNLESS CHARGES ARE SERVED PURSUANT TO SECTION SIXTY-
FIVE HUNDRED TEN OF THIS SUBTITLE WITHIN THIRTY DAYS AFTER THE REVOCA-
TION OF THE APPROVAL OF THE SPECIAL TREATMENT AFFORDED BY THIS SECTION.
5. THE COMMISSIONER IS AUTHORIZED TO ADOPT REGULATIONS TO CARRY OUT
THE PURPOSES OF THIS SECTION, INCLUDING BUT NOT LIMITED TO THE NOTICE OF
TEMPORARY INACTIVE STATUS TO BE REQUIRED IN DIFFERENT PROFESSIONS AND
PRACTICE SITUATIONS AND THE MEASURES REQUIRED UPON TEMPORARY WITHDRAWAL
FROM PRACTICE.
6. NO INDIVIDUAL WHO SERVES AS A MEMBER OF A COMMITTEE WHOSE PURPOSE
IS TO CONFRONT AND REFER EITHER TO TREATMENT OR TO THE DEPARTMENT LICEN-
SEES WHO ARE THOUGHT TO BE SUFFERING FROM ALCOHOLISM OR DRUG ABUSE SHALL
BE LIABLE FOR DAMAGES TO ANY PERSON FOR ANY ACTION TAKEN BY SUCH INDI-
VIDUAL PROVIDED SUCH ACTION WAS TAKEN WITHOUT MALICE AND WITHIN THE
SCOPE OF SUCH INDIVIDUAL'S FUNCTION AS A MEMBER OF SUCH COMMITTEE, AND
PROVIDED FURTHER THAT SUCH COMMITTEE HAS BEEN ESTABLISHED BY AND FUNC-
TIONS UNDER THE AUSPICES OF AN ASSOCIATION OR SOCIETY OF PROFESSIONALS
AUTHORIZED TO PRACTICE UNDER THIS ARTICLE.
7. IN ADDITION TO THE PROVISIONS OF SECTION TWO THOUSAND EIGHT HUNDRED
THREE-E OF THIS CHAPTER, ANY ENTITY LICENSED PURSUANT TO ARTICLES THIR-
TY-SIX, FORTY AND FORTY-FOUR OF THIS CHAPTER, AND ANY MENTAL HYGIENE
FACILITIES, AND CORRECTIONAL, OCCUPATIONAL, SCHOOL AND COLLEGE HEALTH
S. 4007--A 274 A. 3007--A
SERVICES SHALL PROVIDE A REPORT TO THE OFFICE OF PROFESSIONAL DISCIPLINE
WHEN THERE IS A SUSPENSION, RESTRICTION, TERMINATION, CURTAILMENT OR
RESIGNATION OF EMPLOYMENT OR PRIVILEGES IN ANY WAY RELATED TO A LICENSED
NURSE THAT IS IMPAIRED WHEN THE IMPAIRMENT IS ALLEGED TO HAVE BEEN
CAUSED BY A DRUG-RELATED PROBLEM. ANY PERSON, FACILITY, OR CORPORATION
WHICH MAKES A REPORT PURSUANT TO THIS SECTION IN GOOD FAITH SHALL HAVE
IMMUNITY FROM ANY LIABILITY, CIVIL OR CRIMINAL, FOR HAVING MADE SUCH A
REPORT EXCEPT WHERE THE CONDUCT CONSTITUTES NEGLIGENCE, GROSS NEGLIGENCE
OR INTENTIONAL MISCONDUCT. FOR THE PURPOSE OF ANY PROCEEDING, CIVIL OR
CRIMINAL, THE GOOD FAITH OF ANY PERSON, FACILITY OR CORPORATION REQUIRED
TO MAKE A REPORT SHALL BE PRESUMED. SUCH PRESUMPTION MAY BE REBUTTED BY
ANY COMPETENT EVIDENCE.
8. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE LICENSE AND REGIS-
TRATION OF A LICENSED DENTIST OR PHARMACIST WHO MAY BE TEMPORARILY INCA-
PACITATED FOR THE ACTIVE PRACTICE OF THEIR PROFESSION LICENSED PURSUANT
TO TITLES SEVEN AND TEN OF THIS ARTICLE AND WHOSE ALLEGED INCAPACITY IS
THE RESULT OF A PROBLEM OF DRUG OR ALCOHOL ABUSE WHICH HAS NOT RESULTED
IN HARM TO A PATIENT OR CLIENT, MAY BE VOLUNTARILY SURRENDERED TO, OR
VOLUNTARILY OFFERED FOR ANY ALTERNATIVE DISPOSITION WITH THE DEPARTMENT,
WHICH MAY ACCEPT AND HOLD SUCH LICENSE OR MAKE ANY OTHER DISPOSITION
REGARDING SUCH LICENSE DEEMED APPROPRIATE UNDER THE CIRCUMSTANCES, IF
THE DEPARTMENT DETERMINES THE HEALTH AND SAFETY OF THE PUBLIC WILL BE
ADEQUATELY PROTECTED THEREBY, DURING THE PERIOD OF SUCH ALLEGED INCAPAC-
ITY. THE DEPARTMENT MAY ACCEPT THE SURRENDER OF SUCH LICENSE AFTER
AGREEMENT TO CONDITIONS TO BE MET PRIOR TO THE RESTORATION OF THE
LICENSE OR THE DEPARTMENT MAY TREAT THE LICENSE AS NOT SURRENDERED AND
MAY IMPOSE CONDITIONS TO ALLOW THE LICENSEE TO RETAIN THE LICENSE. ALL
OTHER PROVISIONS OF THIS SECTION SHALL BE APPLIED TO THE PROFESSIONS OF
DENTISTRY AND PHARMACY IN CONFORMITY WITH THIS SUBDIVISION.
§ 6510-B. NURSE PEER ASSISTANCE PROGRAMS. 1. AS USED IN THIS SECTION:
A. "DRUG-RELATED PROBLEM" MEANS A PROBLEM OR PROBLEMS THAT ARE RELATED
TO THE USE, MISUSE OR ADDICTION TO DRUGS OR ALCOHOL.
B. "PARTICIPANT" MEANS AN INDIVIDUAL LICENSED PURSUANT TO TITLE TWELVE
OF THIS ARTICLE WHO HAS OR MAY HAVE A DRUG-RELATED PROBLEM.
C. "APPROVED NURSE PEER ASSISTANCE PROGRAM" MEANS A PROGRAM OPERATED
BY THE NEW YORK STATE NURSES ASSOCIATION OR A STATEWIDE PROFESSIONAL
ASSOCIATION OF NURSES WHICH HAS EXPERIENCE IN PROVIDING PEER ASSISTANCE
SERVICES TO NURSES WHO HAVE DRUG-RELATED PROBLEMS WHICH ARE DESIGNED TO
HELP A PARTICIPANT OR A LICENSEE'S EMPLOYER AND HAS BEEN APPROVED BY THE
DEPARTMENT IN ACCORDANCE WITH CRITERIA ESTABLISHED IN REGULATIONS OF THE
COMMISSIONER.
D. "PEER ASSISTANCE SERVICES" INCLUDES ASSESSING THE NEEDS OF A
PARTICIPANT, INCLUDING EARLY IDENTIFICATION OF DRUG-RELATED PROBLEMS,
AND PROVIDING INFORMATION, SUPPORT, AND ADVICE AS REQUESTED BY A PARTIC-
IPANT.
2. A. THE DEPARTMENT SHALL PROVIDE FUNDS, INCLUDING BUT NOT LIMITED TO
A PORTION OF THE FUNDS MADE AVAILABLE PURSUANT TO THE PROVISIONS OF THIS
SECTION, FOR SERVICES PROVIDED BY AN APPROVED NURSE PEER ASSISTANCE
PROGRAM. FUNDS USED TO PROVIDE SERVICES SHALL NOT BE USED FOR THE TREAT-
MENT OF PARTICIPANTS. FUNDED SERVICES SHALL INCLUDE, BUT NOT BE LIMITED
TO:
(I) PROVIDING PEER ASSISTANCE SERVICES FOR NURSES WITH DRUG-RELATED
PROBLEMS;
(II) MAINTAINING A TOLL-FREE TELEPHONE INFORMATION LINE FOR ANONYMOUS
NURSES, THEIR EMPLOYERS, AND OTHERS TO PROVIDE ASSISTANCE IN THE IDEN-
S. 4007--A 275 A. 3007--A
TIFICATION OF SERVICES AND INFORMATION FOR NURSES DEALING WITH DRUG-RE-
LATED PROBLEMS;
(III) TRAINING MONITORS FOR THE PROFESSIONAL ASSISTANCE PROGRAM;
(IV) ARRANGING FOR MENTAL HEALTH CONSULTANTS TO ASSESS NURSES FOR THE
PROFESSIONAL ASSISTANCE PROGRAM, AS NEEDED; AND
(V) PREPARING WRITTEN ASSESSMENTS OF NURSES WHO HAVE BEEN REFERRED
FROM THE PROFESSIONAL ASSISTANCE PROGRAM.
B. AN ADDITIONAL FEE OF FIFTEEN DOLLARS SHALL BE PAID AT THE TIME OF
APPLICATION FOR LICENSURE AND FIRST REGISTRATION AND EVERY REGISTRATION
BY THOSE LICENSED PURSUANT TO TITLE TWELVE OF THIS ARTICLE FOR THE
PURPOSE OF IMPLEMENTING THIS PROGRAM. THE FUNDS MADE AVAILABLE UNDER
THIS PROVISION SHALL BE DEPOSITED IN THE OFFICE OF PROFESSIONS SPECIAL
REVENUE ACCOUNT FOR ITS PURPOSES IN IMPLEMENTING THIS SECTION. THE
DEPARTMENT MAY USE A PORTION OF THIS AMOUNT FOR ITS ADMINISTRATIVE
EXPENSES INCURRED IN IMPLEMENTING THIS PROGRAM INCLUDING, BUT NOT LIMIT-
ED TO, EMPLOYMENT OF PERSONNEL, THE COSTS OF APPROVING AND CONTRACTING
WITH A PEER ASSISTANCE PROGRAM AS REQUIRED BY THIS SECTION AND OUTREACH
ACTIVITIES TO PROMOTE THIS PROGRAM.
3. NO APPROVED NURSE PEER ASSISTANCE PROGRAM OR INDIVIDUAL WHO SERVES
IN AN APPROVED NURSE PEER ASSISTANCE PROGRAM SHALL BE LIABLE IN DAMAGES
TO ANY PERSON FOR ANY ACTION TAKEN OR NOT TAKEN OR RECOMMENDATIONS MADE
UNLESS, BASED ON THE FACTS DISCLOSED BY A PARTICIPANT, THE CONDUCT OF
THE PROGRAM OR PERSON WITH RESPECT TO THE PERSON ASSERTING LIABILITY
CONSTITUTED NEGLIGENCE, GROSS NEGLIGENCE, OR INTENTIONAL MISCONDUCT.
4. ALL INFORMATION CONCERNING A PARTICIPANT GATHERED BY THE APPROVED
NURSE PEER ASSISTANCE PROGRAM SHALL BE STRICTLY CONFIDENTIAL AND MAY NOT
BE RELEASED TO ANY PERSON OR BODY WITHOUT THE CONSENT OF THE PARTIC-
IPANT, EXCEPT UPON THE ORDER OF A COURT IN A PENDING ACTION OR PROCEED-
ING. AGGREGATE DATA MAY BE RELEASED TO THE COMMITTEE ON DRUG AND ALCOHOL
ABUSE.
§ 6510-C. VOLUNTARY NON-DISCIPLINARY SURRENDER OF A LICENSE. A PROFES-
SIONAL WHO IS LICENSED PURSUANT TO TITLE TWELVE OF THIS ARTICLE MAY
VOLUNTARILY SURRENDER A LICENSE TO THE COMMITTEE ON DRUG AND ALCOHOL
ABUSE WHEN SUCH LICENSEE REQUESTS TO BE MONITORED AND/OR RECEIVE PEER
SUPPORT SERVICES IN RELATION TO THE USE, MISUSE OR ADDICTION TO DRUGS.
THE COMMITTEE SHALL ACCEPT SUCH VOLUNTARY NON-DISCIPLINARY SURRENDER OF
A LICENSE AND PROVIDE FOR EXPEDITED REINSTATEMENT OF THE LICENSE IF THE
LICENSEE MEETS CRITERIA SET BY THE COMMITTEE. SUCH CRITERIA WILL
INCLUDE, BUT NOT BE LIMITED TO, CONFIDENCE THAT THE LICENSEE'S USE OF
DRUGS AND/OR ALCOHOL HAS NOT RESULTED IN HARM TO A PATIENT OR CLIENT AND
THE LICENSEE IS NOT INCAPACITATED, UNFIT FOR PRACTICE OR A THREAT TO THE
HEALTH, SAFETY AND WELFARE OF THE PUBLIC. SUCH VOLUNTARY SURRENDER, IF
ACCEPTED BY THE COMMITTEE, SHALL RESULT IN AN IMMEDIATE REINSTATEMENT OF
THE LICENSE AND SHALL PROVIDE IMMUNITY FROM A VIOLATION OF SUBDIVISION
THREE OR FOUR OF SECTION SIXTY-FIVE HUNDRED NINE OF THIS SUBTITLE AND
CANNOT BE DEEMED AN ADMISSION OR USED AS EVIDENCE IN PROFESSIONAL
MISCONDUCT. ACCEPTANCE BY THE COMMITTEE SHALL NOT REQUIRE A REPORT TO
THE DEPARTMENT OF HEALTH OR TO ANY EMPLOYER OR LICENSING AUTHORITY OF
ANOTHER JURISDICTION, NOR REQUIRE ANY DISCLOSURE TO PATIENTS OR TO THE
PUBLIC THAT SUCH LICENSE HAS BEEN TEMPORARILY SURRENDERED, EXCEPT IF IT
IS SUBSEQUENTLY DETERMINED BY THE DEPARTMENT THAT A PARTICIPANT BEING
MONITORED BY THE DEPARTMENT IS FOUND TO HAVE USED DRUGS AND/OR ALCOHOL
WHICH HAS RESULTED IN HARM TO A PATIENT OR CLIENT.
§ 6510-D. NURSES' REFUSAL OF OVERTIME WORK. THE REFUSAL OF A LICENSED
PRACTICAL NURSE OR A REGISTERED PROFESSIONAL NURSE TO WORK BEYOND SAID
NURSE'S REGULARLY SCHEDULED HOURS OF WORK SHALL NOT SOLELY CONSTITUTE
S. 4007--A 276 A. 3007--A
PATIENT ABANDONMENT OR NEGLECT EXCEPT UNDER THE CIRCUMSTANCES PROVIDED
FOR UNDER SUBDIVISION THREE OF SECTION ONE HUNDRED SIXTY-SEVEN OF THE
LABOR LAW.
§ 6511. PENALTIES FOR PROFESSIONAL MISCONDUCT. THE PENALTIES WHICH MAY
BE IMPOSED BY THE DEPARTMENT ON A PRESENT OR FORMER LICENSEE FOUND GUIL-
TY OF PROFESSIONAL MISCONDUCT, PURSUANT TO THE DEFINITIONS AND
PROCEEDINGS PRESCRIBED IN SECTIONS SIXTY-FIVE HUNDRED NINE AND SIXTY-
FIVE HUNDRED TEN OF THIS SUBTITLE, ARE:
1. CENSURE AND REPRIMAND;
2. SUSPENSION OF LICENSE: (A) WHOLLY, FOR A FIXED PERIOD OF TIME; (B)
PARTIALLY, UNTIL THE LICENSEE SUCCESSFULLY COMPLETES A COURSE OF
RETRAINING IN THE AREA TO WHICH THE SUSPENSION APPLIES; OR (C) WHOLLY,
UNTIL THE LICENSEE SUCCESSFULLY COMPLETES A COURSE OF THERAPY OR TREAT-
MENT PRESCRIBED BY THE REGENTS;
3. REVOCATION OF LICENSE;
4. ANNULMENT OF LICENSE OR REGISTRATION;
5. LIMITATION ON REGISTRATION OR ISSUANCE OF ANY FURTHER LICENSE;
6. A FINE NOT TO EXCEED TEN THOUSAND DOLLARS, UPON EACH SPECIFICATION
OF CHARGES OF WHICH THE RESPONDENT IS DETERMINED TO BE GUILTY;
7. A REQUIREMENT THAT A LICENSEE PURSUE A COURSE OF HEALTH OR TRAIN-
ING; AND
8. A REQUIREMENT THAT A LICENSEE PERFORM UP TO ONE HUNDRED HOURS OF
PUBLIC SERVICE, IN A MANNER AND AT A TIME AND PLACE AS DIRECTED BY THE
STATE BOARD FOR THE PROFESSIONS AS PRESCRIBED IN THE TITLE RELATING TO
EACH PROFESSION.
THE DEPARTMENT MAY STAY SUCH PENALTIES IN WHOLE OR IN PART, MAY PLACE
THE LICENSEE ON PROBATION AND MAY RESTORE A LICENSE WHICH HAS BEEN
REVOKED, PROVIDED, IN THE CASE OF LICENSEES SUBJECT TO SECTION TWO
HUNDRED THIRTY OF THIS CHAPTER, NOTICE THAT SUCH STATE BOARD FOR THE
PROFESSION AS PRESCRIBED IN THE TITLE RELATING TO SUCH PROFESSION IS
CONSIDERING SUCH RESTORATION IS GIVEN TO THE OFFICE OF PROFESSIONAL
MEDICAL CONDUCT AT LEAST THIRTY DAYS BEFORE THE DATE ON WHICH SUCH
RESTORATION SHALL BE CONSIDERED. UPON THE RECOMMENDATION OF THE OFFICE
OF PROFESSIONAL MEDICAL CONDUCT, THE DEPARTMENT MAY DENY SUCH RESTORA-
TION. ANY FINE IMPOSED PURSUANT TO THIS SECTION OR PURSUANT TO SUBDIVI-
SION TWO OF SECTION SIXTY-FIVE HUNDRED TEN OF THIS SUBTITLE MAY BE SUED
FOR AND RECOVERED IN THE NAME OF THE PEOPLE OF THE STATE OF NEW YORK IN
AN ACTION BROUGHT BY THE ATTORNEY GENERAL. IN SUCH ACTION THE FINDINGS
AND DETERMINATION OF THE DEPARTMENT OR OF THE VIOLATIONS COMMITTEE SHALL
BE ADMISSIBLE EVIDENCE AND SHALL BE CONCLUSIVE PROOF OF THE VIOLATION
AND THE PENALTY ASSESSED.
SUBTITLE 4
UNAUTHORIZED ACTS
SECTION 6512. UNAUTHORIZED PRACTICE A CRIME.
6513. UNAUTHORIZED USE OF A PROFESSIONAL TITLE A CRIME.
6514. CRIMINAL PROCEEDINGS.
6515. RESTRAINT OF UNLAWFUL ACTS.
6516. CIVIL ENFORCEMENT PROCEEDINGS AND CIVIL PENALTIES.
§ 6512. UNAUTHORIZED PRACTICE A CRIME. 1. ANYONE NOT AUTHORIZED TO
PRACTICE UNDER THIS ARTICLE WHO PRACTICES OR OFFERS TO PRACTICE OR HOLDS
HIMSELF OR HERSELF OUT AS BEING ABLE TO PRACTICE IN ANY PROFESSION IN
WHICH A LICENSE IS A PREREQUISITE TO THE PRACTICE OF THE ACTS, OR WHO
PRACTICES ANY PROFESSION AS AN EXEMPT PERSON DURING THE TIME WHEN HIS OR
HER PROFESSIONAL LICENSE IS SUSPENDED, REVOKED OR ANNULLED, OR WHO AIDS
OR ABETS AN UNLICENSED PERSON TO PRACTICE A PROFESSION, OR WHO FRAUDU-
S. 4007--A 277 A. 3007--A
LENTLY SELLS, FILES, FURNISHES, OBTAINS, OR WHO ATTEMPTS FRAUDULENTLY TO
SELL, FILE, FURNISH OR OBTAIN ANY DIPLOMA, LICENSE, RECORD OR PERMIT
PURPORTING TO AUTHORIZE THE PRACTICE OF A PROFESSION, SHALL BE GUILTY OF
A CLASS E FELONY.
2. ANYONE WHO KNOWINGLY AIDS OR ABETS THREE OR MORE UNLICENSED PERSONS
TO PRACTICE A PROFESSION OR EMPLOYS OR HOLDS SUCH UNLICENSED PERSONS OUT
AS BEING ABLE TO PRACTICE IN ANY PROFESSION IN WHICH A LICENSE IS A
PREREQUISITE TO THE PRACTICE OF THE ACTS, OR WHO KNOWINGLY AIDS OR ABETS
THREE OR MORE PERSONS TO PRACTICE ANY PROFESSION AS EXEMPT PERSONS
DURING THE TIME WHEN THE PROFESSIONAL LICENSES OF SUCH PERSONS ARE
SUSPENDED, REVOKED OR ANNULLED, SHALL BE GUILTY OF A CLASS E FELONY.
§ 6513. UNAUTHORIZED USE OF A PROFESSIONAL TITLE A CRIME. 1. ANYONE
NOT AUTHORIZED TO USE A PROFESSIONAL TITLE REGULATED BY THIS ARTICLE,
AND WHO USES SUCH PROFESSIONAL TITLE, SHALL BE GUILTY OF A CLASS A
MISDEMEANOR.
2. ANYONE WHO KNOWINGLY AIDS OR ABETS THREE OR MORE PERSONS NOT
AUTHORIZED TO USE A PROFESSIONAL TITLE REGULATED BY THIS ARTICLE, TO USE
SUCH PROFESSIONAL TITLE, OR KNOWINGLY EMPLOYS THREE OR MORE PERSONS NOT
AUTHORIZED TO USE A PROFESSIONAL TITLE REGULATED BY THIS ARTICLE, WHO
USE SUCH PROFESSIONAL TITLE IN THE COURSE OF SUCH EMPLOYMENT, SHALL BE
GUILTY OF A CLASS E FELONY.
§ 6514. CRIMINAL PROCEEDINGS. 1. ALL ALLEGED VIOLATIONS OF SECTIONS
SIXTY-FIVE HUNDRED TWELVE OR SIXTY-FIVE HUNDRED THIRTEEN OF THIS SUBTI-
TLE SHALL BE REPORTED TO THE DEPARTMENT WHICH SHALL CAUSE AN INVESTI-
GATION TO BE INSTITUTED. ALL ALLEGED VIOLATIONS OF SECTION SIXTY-FIVE
HUNDRED THIRTY-ONE OF THIS ARTICLE SHALL BE REPORTED TO THE DEPARTMENT
WHICH SHALL CAUSE AN INVESTIGATION TO BE INSTITUTED. IF THE INVESTI-
GATION SUBSTANTIATES THAT VIOLATIONS EXIST, SUCH VIOLATIONS SHALL BE
REPORTED TO THE ATTORNEY GENERAL WITH A REQUEST FOR PROSECUTION.
2. THE ATTORNEY GENERAL SHALL PROSECUTE SUCH ALLEGED OFFENSES IN THE
NAME OF THE STATE.
3. ALL CRIMINAL COURTS HAVING JURISDICTION OVER MISDEMEANORS ARE HERE-
BY EMPOWERED TO HEAR, TRY AND DETERMINE ALLEGED VIOLATIONS UNDER THIS
ARTICLE, WHICH CONSTITUTE MISDEMEANORS, WITHOUT INDICTMENT AND TO IMPOSE
APPLICABLE PUNISHMENT OF FINES OR IMPRISONMENTS OR BOTH. IT SHALL BE
NECESSARY TO PROVE IN ANY PROSECUTION UNDER THIS TITLE ONLY A SINGLE
PROHIBITED ACT OR A SINGLE HOLDING OUT WITHOUT PROVING A GENERAL COURSE
OF CONDUCT.
4. A PROCEEDING BEFORE A COMMITTEE ON PROFESSIONAL CONDUCT SHALL NOT
BE DEEMED TO BE A CRIMINAL PROCEEDING WITHIN THE MEANING OF THIS
SECTION.
§ 6515. RESTRAINT OF UNLAWFUL ACTS. WHERE A VIOLATION OF THIS ARTICLE
IS ALLEGED TO HAVE OCCURRED, THE ATTORNEY GENERAL, THE DEPARTMENT OR, IN
THE EVENT OF ALLEGED VIOLATIONS OF TITLE NINETEEN OF THIS ARTICLE OCCUR-
RING IN CITIES HAVING A POPULATION OF ONE MILLION OR MORE, THE CORPO-
RATION COUNSEL MAY APPLY TO THE SUPREME COURT WITHIN THE JUDICIAL
DISTRICT IN WHICH SUCH VIOLATION IS ALLEGED TO HAVE OCCURRED FOR AN
ORDER ENJOINING OR RESTRAINING COMMISSION OR CONTINUANCE OF THE UNLAWFUL
ACTS COMPLAINED OF. THE REMEDY PROVIDED IN THIS SECTION SHALL BE IN
ADDITION TO ANY OTHER REMEDY PROVIDED BY LAW OR TO THE PROCEEDINGS
COMMENCED AGAINST A LICENSEE UNDER THIS ARTICLE.
§ 6516. CIVIL ENFORCEMENT PROCEEDINGS AND CIVIL PENALTIES. 1. ISSU-
ANCE OF CEASE AND DESIST ORDER. WHENEVER THE DEPARTMENT HAS REASONABLE
CAUSE TO BELIEVE THAT ANY PERSON HAS VIOLATED ANY PROVISION OF SECTION
SIXTY-FIVE HUNDRED TWELVE OR SIXTY-FIVE HUNDRED THIRTEEN OF THIS SUBTI-
TLE, THE DEPARTMENT MAY ISSUE AND SERVE UPON SUCH PERSON A NOTICE TO
S. 4007--A 278 A. 3007--A
CEASE AND DESIST FROM SUCH VIOLATION. SUCH CEASE AND DESIST ORDER SHALL
BE SERVED PERSONALLY BY THE DEPARTMENT. IF PERSONAL SERVICE CANNOT BE
MADE AFTER DUE DILIGENCE AND SUCH FACT IS CERTIFIED UNDER OATH, A COPY
OF THE ORDER SHALL BE MADE BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED,
TO THE PERSON'S LAST KNOWN ADDRESS BY THE DEPARTMENT.
2. CONTENTS OF CEASE AND DESIST ORDER. THE CEASE AND DESIST ORDER
SHALL BE IN WRITING AND SHALL DESCRIBE WITH PARTICULARITY THE NATURE OF
THE VIOLATION, INCLUDING A REFERENCE OF THE SPECIFIC PROVISION OR
PROVISIONS OF LAW ALLEGED TO HAVE BEEN VIOLATED AND AN ORDER TO THE
RESPONDENT TO CEASE ANY UNLAWFUL ACTIVITY. THE CEASE AND DESIST ORDER
SHALL ADVISE THE RESPONDENT:
A. OF THE RIGHT TO CONTEST THE ORDER BY REQUESTING A HEARING WITHIN
THIRTY DAYS OF THE SERVICE OF THE CEASE AND DESIST ORDER BEFORE A HEAR-
ING OFFICER DESIGNATED BY THE DEPARTMENT;
B. OF THE RIGHT TO REQUEST A STAY OF THE CEASE AND DESIST ORDER AT THE
TIME A HEARING IS REQUESTED; AND
C. SHALL SET FORTH THE RESPONDENT'S RIGHTS AT SUCH A HEARING PURSUANT
TO SUBDIVISION FIVE OF THIS SECTION.
3. CIVIL PENALTIES. CIVIL PENALTIES UP TO FIVE THOUSAND DOLLARS MAY BE
IMPOSED FOR EACH VIOLATION AND THE RESPONDENT MAY BE ORDERED TO MAKE
RESTITUTION TO ANY PERSON WHO HAS AN INTEREST IN ANY MONEY OR PROPERTY,
EITHER REAL OR PERSONAL, ACQUIRED BY THE RESPONDENT AS A RESULT OF A
VIOLATION. WHENEVER THE DEPARTMENT CONCLUDES THAT CIVIL PENALTIES AND/OR
RESTITUTION MAY BE WARRANTED BECAUSE OF THE EGREGIOUSNESS OF THE UNLAW-
FUL ACTIVITY, IT MAY SERVE, ALONG WITH THE CEASE AND DESIST ORDER, A
NOTICE OF A HEARING ON THE ALLEGATIONS OF UNLAWFUL ACTIVITY AND THE
DEPARTMENT'S INTENTION TO ORDER THE RESPONDENT TO MAKE RESTITUTION
AND/OR IMPOSE A CIVIL PENALTY. THE NOTICE SHOULD SPECIFY THE CIVIL
PENALTY SOUGHT FOR EACH VIOLATION.
4. REQUEST FOR HEARING. IF THE RESPONDENT TO A CEASE AND DESIST ORDER
CONTESTS THE CEASE AND DESIST ORDER, THE RESPONDENT SHALL REQUEST A
HEARING CONDUCTED BY THE DEPARTMENT WITHIN THIRTY DAYS OF THE RECEIPT OF
THE CEASE AND DESIST ORDER. SUCH A HEARING SHALL BE SCHEDULED, AND THE
REQUESTING PARTY NOTIFIED OF THE DATE, WITHIN FIFTEEN DAYS OF THE
RECEIPT OF THE REQUEST FOR A HEARING. IF THE RESPONDENT REQUESTS A STAY
OF THE CEASE AND DESIST ORDER, THE HEARING OFFICER SHALL DETERMINE
WHETHER THE CEASE AND DESIST ORDER SHOULD BE STAYED IN WHOLE OR IN PART
WITHIN FIVE WORKING DAYS OF THE REQUEST FOR A STAY. THE RESPONDENT MAY
FILE A WRITTEN ANSWER TO THE CEASE AND DESIST ORDER PRIOR TO THE HEAR-
ING. A STENOGRAPHIC RECORD OF THE HEARING SHALL BE MADE.
5. CONDUCT OF HEARING. THE EVIDENCE IN SUPPORT OF THE CEASE AND DESIST
ORDER SHALL BE PRESENTED BY AN ATTORNEY FOR THE DEPARTMENT. THE RESPOND-
ENT MAY APPEAR PERSONALLY AND MAY BE REPRESENTED BY COUNSEL AT THE HEAR-
ING, MAY PRODUCE WITNESSES AND EVIDENCE IN HIS OR HER BEHALF AT THE
HEARING, MAY CROSS-EXAMINE WITNESSES AND EXAMINE EVIDENCE PRODUCED
AGAINST HIM OR HER AT THE HEARING, AND MAY ISSUE SUBPOENAS IN ACCORDANCE
WITH SECTION THREE HUNDRED FOUR OF THE STATE ADMINISTRATIVE PROCEDURE
ACT. THE HEARING OFFICER SHALL NOT BE BOUND BY THE RULES OF EVIDENCE,
BUT HIS OR HER DETERMINATION THAT A VIOLATION OF SECTION SIXTY-FIVE
HUNDRED TWELVE OR SIXTY-FIVE HUNDRED THIRTEEN OF THIS SUBTITLE HAS
OCCURRED SHALL BE BASED ON A PREPONDERANCE OF THE EVIDENCE. A HEARING
WHICH HAS BEEN INITIATED SHALL NOT BE DISCONTINUED BECAUSE OF THE DEATH
OR INCAPACITY OF THE HEARING OFFICER. IN THE EVENT OF A HEARING OFFI-
CER'S DEATH OR INCAPACITY TO SERVE, A NEW HEARING OFFICER SHALL BE
DESIGNATED BY THE DEPARTMENT TO CONTINUE THE HEARING. THE NEW HEARING
S. 4007--A 279 A. 3007--A
OFFICER SHALL AFFIRM IN WRITING THAT HE OR SHE HAS READ AND CONSIDERED
EVIDENCE AND TRANSCRIPTS OF THE PRIOR PROCEEDINGS.
6. RESULTS OF HEARING. THE HEARING OFFICER DESIGNATED BY THE DEPART-
MENT SHALL RENDER A WRITTEN REPORT WHICH SHALL INCLUDE:
A. FINDINGS OF FACT;
B. A DETERMINATION ON EACH VIOLATION ALLEGED IN THE CEASE AND DESIST
ORDER;
C. A DETERMINATION AS TO WHETHER TO ACCEPT, REJECT, OR MODIFY ANY OF
THE TERMS OF THE CEASE AND DESIST ORDER IN WHOLE OR IN PART; AND
D. THE CIVIL PENALTY IMPOSED, IF ANY. A COPY OF THE HEARING OFFICER'S
WRITTEN REPORT SHALL BE SERVED UPON THE RESPONDENT WITH A NOTICE SETTING
FORTH THE RESPONDENT'S RIGHTS TO AN ADMINISTRATIVE APPEAL WITHIN TEN
DAYS OF THE CONCLUSION OF THE HEARING.
7. APPEALS. A. THE DECISION OF THE HEARING OFFICER SHALL BE FINAL,
EXCEPT THAT IT MAY BE APPEALED TO A REGENTS REVIEW COMMITTEE WITHIN
TWENTY DAYS OF THE RECEIPT OF THE HEARING OFFICER'S REPORT. THE INITI-
ATION OF AN APPEAL SHALL NOT IN AND OF ITSELF AFFECT THE VALIDITY OR
TERMS OF THE CEASE AND DESIST ORDER. THE REGENTS REVIEW COMMITTEE SHALL
CONSIST OF THREE MEMBERS, AT LEAST ONE OF WHOM SHALL BE A REGENT. THE
REVIEW SHALL BE BASED ON THE TRANSCRIPT AND THE REPORT OF THE HEARING
OFFICER. THE RESPONDENT MAY APPEAR AT THE MEETING, AND THE REGENTS
REVIEW COMMITTEE MAY REQUIRE THE RESPONDENT TO APPEAR. THE RESPONDENT
MAY BE REPRESENTED BY COUNSEL. THE DEPARTMENT SHALL NOTIFY THE RESPOND-
ENT AT LEAST TEN DAYS BEFORE THE MEETING (I) OF THE TIME AND PLACE OF
THE MEETING, (II) OF THE RIGHT TO APPEAR; (III) OF THE RIGHT TO BE
REPRESENTED BY COUNSEL; (IV) WHETHER OR NOT THE RESPONDENT IS REQUIRED
TO APPEAR; AND (III) OF SUCH OTHER INFORMATION AS MAY BE CONSIDERED
APPROPRIATE.
B. AFTER THE MEETING, THE REGENTS REVIEW COMMITTEE SHALL TRANSMIT A
WRITTEN REPORT OF ITS REVIEW TO THE DEPARTMENT. THE DEPARTMENT (I) SHALL
CONSIDER THE TRANSCRIPT, THE REPORT OF THE HEARING OFFICER, AND THE
REPORT OF THE REGENTS REVIEW COMMITTEE, (II) SHALL DECIDE WHETHER THE
RESPONDENT HAS VIOLATED EACH CHARGE IN THE CEASE AND DESIST ORDER, (III)
SHALL DECIDE WHAT PENALTIES, IF ANY, TO IMPOSE AS PRESCRIBED IN THIS
SECTION, AND (IV) SHALL ISSUE AN ORDER TO CARRY OUT ITS DECISIONS. SUCH
DECISIONS SHALL REQUIRE THE AFFIRMATIVE VOTE OF A MAJORITY OF THE
MEMBERS OF THE DEPARTMENT. THE ORDER SHALL BE SERVED UPON THE RESPONDENT
PERSONALLY OR BY CERTIFIED MAIL TO THE RESPONDENT'S LAST KNOWN ADDRESS
AND SUCH SERVICE SHALL BE EFFECTIVE AS OF THE DATE OF THE PERSONAL
SERVICE OR FIVE DAYS AFTER MAILING BY CERTIFIED MAIL. THE DECISIONS OF
THE DEPARTMENT UNDER THIS SECTION MAY BE REVIEWED IN A PROCEEDING PURSU-
ANT TO ARTICLE SEVENTY-EIGHT OF THE CIVIL PRACTICE LAW AND RULES BROUGHT
IN THE SUPREME COURT, ALBANY COUNTY. SUCH DECISIONS SHALL NOT BE STAYED
OR ENJOINED EXCEPT UPON APPLICATION TO SUCH SUPREME COURT PURSUANT TO
ARTICLE SIXTY-THREE OF THE CIVIL PRACTICE LAW AND RULES WITH NOTICE TO
THE DEPARTMENT AND TO THE ATTORNEY GENERAL.
8. GENERAL ENFORCEMENT OF CEASE AND DESIST ORDER. IN ANY CASE WHERE
THE CEASE AND DESIST ORDER IS CONFIRMED BY THE DEPARTMENT OR WHERE THE
RESPONDENT DOES NOT REQUEST AN ADMINISTRATIVE HEARING WITHIN THE ALLOT-
TED TIME OR DOES NOT APPEAL THE DECISION OF THE HEARING OFFICER WITHIN
THE ALLOTTED TIME, AN ACTION OR PROCEEDING MAY BE FILED IN THE NAME OF
THE STATE OF NEW YORK SEEKING A RESTRAINING ORDER, INJUNCTION, APPROPRI-
ATE WRIT, OR JUDGMENT AGAINST ANY PERSON WHO VIOLATES THE TERMS OF THE
CEASE AND DESIST ORDER.
9. A. SPECIAL ENFORCEMENT OF CIVIL MONETARY PENALTIES. PROVIDED THAT
NO APPEAL IS PENDING ON THE IMPOSITION OF SUCH CIVIL PENALTY, IN THE
S. 4007--A 280 A. 3007--A
EVENT SUCH CIVIL PENALTY IMPOSED BY THE DEPARTMENT REMAINS UNPAID, IN
WHOLE OR IN PART, MORE THAN FORTY-FIVE DAYS AFTER WRITTEN DEMAND FOR
PAYMENT HAS BEEN SENT BY FIRST CLASS MAIL TO THE ADDRESS OF THE RESPOND-
ENT, A NOTICE OF IMPENDING DEFAULT JUDGMENT SHALL BE SENT BY FIRST CLASS
MAIL TO THE RESPONDENT. THE NOTICE OF IMPENDING DEFAULT JUDGMENT SHALL
ADVISE THE RESPONDENT:
(I) THAT A CIVIL PENALTY WAS IMPOSED ON THE RESPONDENT;
(II) THE DATE THE PENALTY WAS IMPOSED;
(III) THE AMOUNT OF THE CIVIL PENALTY;
(IV) THE AMOUNT OF THE CIVIL PENALTY THAT REMAINS UNPAID AS OF THE
DATE OF THE NOTICE;
(V) THE VIOLATIONS FOR WHICH THE CIVIL PENALTY WAS IMPOSED; AND
(VI) THAT A JUDGMENT BY DEFAULT WILL BE ENTERED IN THE SUPREME COURT,
ALBANY COUNTY UNLESS THE DEPARTMENT RECEIVES FULL PAYMENT OF ALL CIVIL
PENALTIES DUE WITHIN TWENTY DAYS OF THE DATE OF THE NOTICE OF IMPENDING
DEFAULT JUDGMENT.
B. IF FULL PAYMENT SHALL NOT HAVE BEEN RECEIVED BY THE DEPARTMENT
WITHIN THIRTY DAYS OF MAILING OF THE NOTICE OF IMPENDING DEFAULT JUDG-
MENT, THE DEPARTMENT SHALL PROCEED TO ENTER WITH SUCH COURT A STATEMENT
OF THE DEFAULT JUDGMENT CONTAINING THE AMOUNT OF THE PENALTY OR PENAL-
TIES REMAINING DUE AND UNPAID, ALONG WITH PROOF OF MAILING OF THE NOTICE
OF IMPENDING DEFAULT JUDGMENT. THE FILING OF SUCH JUDGMENT SHALL HAVE
THE FULL FORCE AND EFFECT OF A DEFAULT JUDGMENT DULY DOCKETED WITH SUCH
COURT PURSUANT TO THE CIVIL PRACTICE LAW AND RULES AND SHALL IN ALL
RESPECTS BE GOVERNED BY THAT CHAPTER AND MAY BE ENFORCED IN THE SAME
MANNER AND WITH THE SAME EFFECT AS THAT PROVIDED BY LAW IN RESPECT TO
EXECUTION ISSUED AGAINST PROPERTY UPON JUDGMENTS OF A COURT OF RECORD. A
JUDGMENT ENTERED PURSUANT TO THIS SUBDIVISION SHALL REMAIN IN FULL FORCE
AND EFFECT FOR EIGHT YEARS NOTWITHSTANDING ANY OTHER PROVISION OF LAW.
TITLE 2
MEDICINE
SECTION 6520. INTRODUCTION.
6521. DEFINITION OF PRACTICE OF MEDICINE.
6522. PRACTICE OF MEDICINE AND USE OF TITLE "PHYSICIAN".
6523. STATE BOARD FOR MEDICINE.
6524. REQUIREMENTS FOR A PROFESSIONAL LICENSE.
6525. LIMITED PERMITS.
6526. EXEMPT PERSONS.
6527. SPECIAL PROVISIONS.
6528. QUALIFICATION OF CERTAIN APPLICANTS FOR LICENSURE.
6529. POWER OF DEPARTMENT REGARDING CERTAIN PHYSICIANS.
§ 6520. INTRODUCTION. THIS TITLE APPLIES TO THE PROFESSION OF MEDI-
CINE. THE GENERAL PROVISIONS FOR ALL PROFESSIONS CONTAINED IN TITLE ONE
OF THIS ARTICLE APPLY TO THIS TITLE.
§ 6521. DEFINITION OF PRACTICE OF MEDICINE. THE PRACTICE OF THE
PROFESSION OF MEDICINE IS DEFINED AS DIAGNOSING, TREATING, OPERATING OR
PRESCRIBING FOR ANY HUMAN DISEASE, PAIN, INJURY, DEFORMITY OR PHYSICAL
CONDITION.
§ 6522. PRACTICE OF MEDICINE AND USE OF TITLE "PHYSICIAN". ONLY A
PERSON LICENSED OR OTHERWISE AUTHORIZED UNDER THIS TITLE SHALL PRACTICE
MEDICINE OR USE THE TITLE "PHYSICIAN".
§ 6523. STATE BOARD FOR MEDICINE. A STATE BOARD FOR MEDICINE SHALL BE
APPOINTED BY THE DEPARTMENT ON RECOMMENDATION OF THE COMMISSIONER FOR
THE PURPOSE OF ASSISTING THE DEPARTMENT AND THE COMMISSIONER ON MATTERS
OF PROFESSIONAL LICENSING IN ACCORDANCE WITH SECTION SIXTY-FIVE HUNDRED
S. 4007--A 281 A. 3007--A
EIGHT OF THIS ARTICLE. THE STATE BOARD OF MEDICINE SHALL BE COMPOSED OF
NOT LESS THAN TWENTY PHYSICIANS LICENSED IN THIS STATE FOR AT LEAST FIVE
YEARS, TWO OF WHOM SHALL BE DOCTORS OF OSTEOPATHY. TO THE EXTENT SUCH
PHYSICIAN APPOINTEES ARE AVAILABLE FOR APPOINTMENT, AT LEAST ONE OF THE
PHYSICIAN APPOINTEES TO THE STATE BOARD FOR MEDICINE SHALL BE AN EXPERT
ON REDUCING HEALTH DISPARITIES AMONG DEMOGRAPHIC SUBGROUPS, AND ONE
SHALL BE AN EXPERT ON WOMEN'S HEALTH. THE STATE BOARD FOR MEDICINE SHALL
ALSO CONSIST OF NOT LESS THAN TWO PHYSICIAN'S ASSISTANTS LICENSED TO
PRACTICE IN THIS STATE. THE PARTICIPATION OF PHYSICIAN'S ASSISTANT
MEMBERS SHALL BE LIMITED TO MATTERS RELATING TO TITLE FOUR OF THIS ARTI-
CLE. AN EXECUTIVE SECRETARY TO THE STATE BOARD OF MEDICINE SHALL BE
APPOINTED BY THE DEPARTMENT ON RECOMMENDATION OF THE COMMISSIONER AND
SHALL BE EITHER A PHYSICIAN LICENSED IN THIS STATE OR A NON-PHYSICIAN,
DEEMED QUALIFIED BY THE COMMISSIONER AND DEPARTMENT.
§ 6524. REQUIREMENTS FOR A PROFESSIONAL LICENSE. TO QUALIFY FOR A
LICENSE AS A PHYSICIAN, AN APPLICANT SHALL FULFILL THE FOLLOWING
REQUIREMENTS:
1. APPLICATION: FILE AN APPLICATION WITH THE DEPARTMENT;
2. EDUCATION: HAVE RECEIVED AN EDUCATION, INCLUDING A DEGREE OF DOCTOR
OF MEDICINE, "M.D.", OR DOCTOR OF OSTEOPATHY, "D.O.", OR EQUIVALENT
DEGREE IN ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS;
3. EXPERIENCE: HAVE EXPERIENCE SATISFACTORY TO THE STATE BOARD OF
MEDICINE AND IN ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS;
4. EXAMINATION: PASS AN EXAMINATION SATISFACTORY TO THE STATE BOARD OF
MEDICINE AND IN ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS;
5. AGE: BE AT LEAST TWENTY-ONE YEARS OF AGE; HOWEVER, THE COMMISSIONER
MAY WAIVE THE AGE REQUIREMENT FOR APPLICANTS WHO HAVE ATTAINED THE AGE
OF EIGHTEEN AND WILL BE IN A RESIDENCY PROGRAM UNTIL THE AGE OF TWENTY-
ONE;
6. CITIZENSHIP OR IMMIGRATION STATUS: BE A UNITED STATES CITIZEN OR AN
ALIEN LAWFULLY ADMITTED FOR PERMANENT RESIDENCE IN THE UNITED STATES;
PROVIDED, HOWEVER THAT THE DEPARTMENT MAY GRANT A THREE YEAR WAIVER FOR
AN ALIEN PHYSICIAN TO PRACTICE IN AN AREA WHICH HAS BEEN DESIGNATED BY
THE DEPARTMENT AS MEDICALLY UNDERSERVED, EXCEPT THAT THE DEPARTMENT MAY
GRANT AN ADDITIONAL EXTENSION NOT TO EXCEED SIX YEARS TO AN ALIEN PHYSI-
CIAN TO ENABLE HIM OR HER TO SECURE CITIZENSHIP OR PERMANENT RESIDENT
STATUS, PROVIDED SUCH STATUS IS BEING ACTIVELY PURSUED; AND PROVIDED
FURTHER THAT THE DEPARTMENT MAY GRANT AN ADDITIONAL THREE YEAR WAIVER,
AND AT ITS EXPIRATION, AN EXTENSION FOR A PERIOD NOT TO EXCEED SIX ADDI-
TIONAL YEARS, FOR THE HOLDER OF AN H-1B VISA, AN O-1 VISA, OR AN EQUIV-
ALENT OR SUCCESSOR VISA THERETO;
7. CHARACTER: BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE DEPART-
MENT; AND
8. FEES: PAY A FEE OF TWO HUNDRED SIXTY DOLLARS TO THE DEPARTMENT FOR
ADMISSION TO A DEPARTMENT CONDUCTED EXAMINATION AND FOR AN INITIAL
LICENSE, A FEE OF ONE HUNDRED SEVENTY-FIVE DOLLARS FOR EACH REEXAMINA-
TION, A FEE OF ONE HUNDRED THIRTY-FIVE DOLLARS FOR AN INITIAL LICENSE
FOR PERSONS NOT REQUIRING ADMISSION TO A DEPARTMENT CONDUCTED EXAMINA-
TION, A FEE OF FIVE HUNDRED SEVENTY DOLLARS FOR ANY BIENNIAL REGISTRA-
TION PERIOD COMMENCING AUGUST FIRST, NINETEEN HUNDRED NINETY-SIX AND
THEREAFTER. THE COMPTROLLER IS HEREBY AUTHORIZED AND DIRECTED TO DEPOSIT
THE FEE FOR EACH BIENNIAL REGISTRATION PERIOD INTO THE SPECIAL REVENUE
FUNDS-OTHER ENTITLED "PROFESSIONAL MEDICAL CONDUCT ACCOUNT" FOR THE
PURPOSE OF OFFSETTING ANY EXPENDITURES MADE PURSUANT TO SECTION TWO
HUNDRED THIRTY OF THIS CHAPTER IN RELATION TO THE OPERATION OF THE
OFFICE OF PROFESSIONAL MEDICAL CONDUCT WITHIN THE DEPARTMENT, PROVIDED
S. 4007--A 282 A. 3007--A
THAT FOR EACH BIENNIAL REGISTRATION FEE PAID BY THE LICENSEE USING A
CREDIT CARD, THE AMOUNT OF THE ADMINISTRATIVE FEE INCURRED BY THE
DEPARTMENT IN PROCESSING SUCH CREDIT CARD TRANSACTION SHALL BE DEPOSITED
BY THE COMPTROLLER IN THE OFFICE OF THE PROFESSIONS ACCOUNT ESTABLISHED
BY SECTION NINETY-SEVEN-NNN OF THE STATE FINANCE LAW. THE AMOUNT OF THE
FUNDS EXPENDED AS A RESULT OF SUCH INCREASE SHALL NOT BE GREATER THAN
SUCH FEES COLLECTED OVER THE REGISTRATION PERIOD.
9. FOR EVERY LICENSE OR REGISTRATION ISSUED AFTER THE EFFECTIVE DATE
OF THIS SUBDIVISION, AN ADDITIONAL FEE OF THIRTY DOLLARS SHALL BE PAID
AND DEPOSITED IN THE SPECIAL REVENUE FUND ENTITLED "THE PROFESSIONAL
MEDICAL CONDUCT ACCOUNT" FOR THE PURPOSE OF OFFSETTING ANY EXPENDITURES
MADE PURSUANT TO SUBDIVISION FIFTEEN OF SECTION TWO HUNDRED THIRTY OF
THIS CHAPTER. THE AMOUNT OF SUCH FUNDS EXPENDED FOR SUCH PURPOSE SHALL
NOT BE GREATER THAN SUCH ADDITIONAL FEES COLLECTED OVER THE LICENSURE
PERIOD OR FOR THE DURATION OF SUCH PROGRAM IF LESS THAN THE LICENSURE
PERIOD.
10. A PHYSICIAN SHALL NOT BE REQUIRED TO PAY ANY FEE UNDER THIS
SECTION IF HE OR SHE CERTIFIES TO THE DEPARTMENT THAT FOR THE PERIOD OF
REGISTRATION OR LICENSURE, HE OR SHE SHALL ONLY PRACTICE MEDICINE WITH-
OUT COMPENSATION OR THE EXPECTATION OR PROMISE OF COMPENSATION. THE
FOLLOWING SHALL NOT BE CONSIDERED COMPENSATION FOR THE PURPOSES OF THIS
SUBDIVISION:
A. NOMINAL PAYMENT SOLELY TO ENABLE THE PHYSICIAN TO BE CONSIDERED AN
EMPLOYEE OF A HEALTH CARE PROVIDER; OR
B. PROVIDING LIABILITY COVERAGE TO THE PHYSICIAN RELATING TO THE
SERVICES PROVIDED.
11. NO PHYSICIAN MAY BE RE-REGISTERED UNLESS HE OR SHE, AS PART OF THE
RE-REGISTRATION APPLICATION, INCLUDES AN ATTESTATION MADE UNDER PENALTY
OF PERJURY, IN A FORM PRESCRIBED BY THE COMMISSIONER, THAT HE OR SHE
HAS, WITHIN THE SIX MONTHS PRIOR TO SUBMISSION OF THE RE-REGISTRATION
APPLICATION, UPDATED HIS OR HER PHYSICIAN PROFILE IN ACCORDANCE WITH
SUBDIVISION FOUR OF SECTION TWENTY-NINE HUNDRED NINETY-FIVE-A OF THIS
CHAPTER.
§ 6525. LIMITED PERMITS. PERMITS LIMITED AS TO ELIGIBILITY, PRACTICE
AND DURATION, SHALL BE ISSUED BY THE DEPARTMENT TO ELIGIBLE APPLICANTS,
AS FOLLOWS:
1. ELIGIBILITY: THE FOLLOWING PERSONS SHALL BE ELIGIBLE FOR A LIMITED
PERMIT:
A. A PERSON WHO FULFILLS ALL REQUIREMENTS FOR A LICENSE AS A PHYSICIAN
EXCEPT THOSE RELATING TO THE EXAMINATION AND CITIZENSHIP OR PERMANENT
RESIDENCE IN THE UNITED STATES;
B. A FOREIGN PHYSICIAN WHO HOLDS A STANDARD CERTIFICATE FROM THE
EDUCATIONAL COUNCIL FOR FOREIGN MEDICAL GRADUATES OR WHO HAS PASSED AN
EXAMINATION SATISFACTORY TO THE STATE BOARD FOR MEDICINE AND IN ACCORD-
ANCE WITH THE COMMISSIONER'S REGULATIONS; OR
C. A FOREIGN PHYSICIAN OR A FOREIGN INTERN WHO IS IN THIS COUNTRY ON A
NON-IMMIGRATION VISA FOR THE CONTINUATION OF MEDICAL STUDY, PURSUANT TO
THE EXCHANGE STUDENT PROGRAM OF THE UNITED STATES DEPARTMENT OF STATE.
2. LIMIT OF PRACTICE. A PERMITTEE SHALL BE AUTHORIZED TO PRACTICE
MEDICINE ONLY UNDER THE SUPERVISION OF A LICENSED PHYSICIAN AND ONLY IN
A PUBLIC, VOLUNTARY, OR PROPRIETARY HOSPITAL.
3. DURATION. A LIMITED PERMIT SHALL BE VALID FOR TWO YEARS. IT MAY BE
RENEWED BIENNIALLY AT THE DISCRETION OF THE DEPARTMENT.
4. FEES. THE FEE FOR EACH LIMITED PERMIT AND FOR EACH RENEWAL SHALL BE
ONE HUNDRED FIVE DOLLARS.
S. 4007--A 283 A. 3007--A
§ 6526. EXEMPT PERSONS. THE FOLLOWING PERSONS UNDER THE FOLLOWING
LIMITATIONS MAY PRACTICE MEDICINE WITHIN THE STATE WITHOUT A LICENSE:
1. ANY PHYSICIAN WHO IS EMPLOYED AS A RESIDENT IN A PUBLIC HOSPITAL,
PROVIDED SUCH PRACTICE IS LIMITED TO SUCH HOSPITAL AND IS UNDER THE
SUPERVISION OF A LICENSED PHYSICIAN;
2. ANY PHYSICIAN WHO IS LICENSED IN A BORDERING STATE AND WHO RESIDES
NEAR A BORDER OF THIS STATE, PROVIDED SUCH PRACTICE IS LIMITED IN THIS
STATE TO THE VICINITY OF SUCH BORDER AND PROVIDED SUCH PHYSICIAN DOES
NOT MAINTAIN AN OFFICE OR PLACE TO MEET PATIENTS OR RECEIVE CALLS WITHIN
THIS STATE;
3. ANY PHYSICIAN WHO IS LICENSED IN ANOTHER STATE OR COUNTRY AND WHO
IS MEETING A PHYSICIAN LICENSED IN THIS STATE, FOR PURPOSES OF CONSULTA-
TION, PROVIDED SUCH PRACTICE IS LIMITED TO SUCH CONSULTATION;
4. ANY PHYSICIAN WHO IS LICENSED IN ANOTHER STATE OR COUNTRY, WHO IS
VISITING A MEDICAL SCHOOL OR TEACHING HOSPITAL IN THIS STATE TO RECEIVE
MEDICAL INSTRUCTION FOR A PERIOD NOT TO EXCEED SIX MONTHS OR TO CONDUCT
MEDICAL INSTRUCTION, PROVIDED SUCH PRACTICE IS LIMITED TO SUCH INSTRUC-
TION AND IS UNDER THE SUPERVISION OF A LICENSED PHYSICIAN;
5. ANY PHYSICIAN WHO IS AUTHORIZED BY A FOREIGN GOVERNMENT TO PRACTICE
IN RELATION TO ITS DIPLOMATIC, CONSULAR OR MARITIME STAFFS, PROVIDED
SUCH PRACTICE IS LIMITED TO SUCH STAFFS;
6. ANY COMMISSIONED MEDICAL OFFICER WHO IS SERVING IN THE UNITED
STATES ARMED FORCES OR PUBLIC HEALTH SERVICE OR ANY PHYSICIAN WHO IS
EMPLOYED IN THE UNITED STATES VETERANS ADMINISTRATION, PROVIDED SUCH
PRACTICE IS LIMITED TO SUCH SERVICE OR EMPLOYMENT;
7. ANY INTERN WHO IS EMPLOYED BY A HOSPITAL AND WHO IS A GRADUATE OF A
MEDICAL SCHOOL IN THE UNITED STATES OR CANADA, PROVIDED SUCH PRACTICE IS
LIMITED TO SUCH HOSPITAL AND IS UNDER THE SUPERVISION OF A LICENSED
PHYSICIAN;
8. ANY MEDICAL STUDENT WHO IS PERFORMING A CLINICAL CLERKSHIP OR SIMI-
LAR FUNCTION IN A HOSPITAL AND WHO IS MATRICULATED IN A MEDICAL SCHOOL
WHICH MEETS STANDARDS SATISFACTORY TO THE DEPARTMENT, PROVIDED SUCH
PRACTICE IS LIMITED TO SUCH CLERKSHIP OR SIMILAR FUNCTION IN SUCH HOSPI-
TAL;
9. ANY DENTIST OR DENTAL SCHOOL GRADUATE ELIGIBLE FOR LICENSURE IN THE
STATE WHO ADMINISTERS ANESTHESIA AS PART OF A HOSPITAL RESIDENCY PROGRAM
ESTABLISHED FOR THE PURPOSE OF TRAINING DENTISTS IN ANESTHESIOLOGY; OR
10. A. ANY PHYSICIAN WHO IS LICENSED AND IN GOOD STANDING IN ANOTHER
STATE OR TERRITORY, AND WHO HAS A WRITTEN AGREEMENT TO PROVIDE MEDICAL
SERVICES TO ATHLETES AND TEAM PERSONNEL OF A UNITED STATES SPORTS TEAM
RECOGNIZED BY THE UNITED STATES OLYMPIC COMMITTEE OR AN OUT-OF-STATE
SECONDARY SCHOOL, INSTITUTION OF POSTSECONDARY EDUCATION, OR PROFES-
SIONAL ATHLETIC ORGANIZATION SPORTS TEAM, MAY PROVIDE MEDICAL SERVICES
TO SUCH ATHLETES AND TEAM PERSONNEL AT A DISCRETE SANCTIONED TEAM SPORT-
ING EVENT IN THIS STATE AS DEFINED BY THE COMMISSIONER IN REGULATIONS,
PROVIDED SUCH SERVICES ARE PROVIDED ONLY TO SUCH ATHLETES AND TEAM
PERSONNEL AT THE DISCRETE SANCTIONED TEAM SPORTING EVENT. ANY SUCH
MEDICAL SERVICES SHALL BE PROVIDED ONLY FIVE DAYS BEFORE THROUGH THREE
DAYS AFTER EACH DISCRETE SANCTIONED TEAM SPORTING EVENT.
B. ANY PERSON PRACTICING AS A PHYSICIAN IN NEW YORK STATE PURSUANT TO
THIS SUBDIVISION SHALL BE SUBJECT TO THE PERSONAL AND SUBJECT MATTER
JURISDICTION AND DISCIPLINARY AND REGULATORY AUTHORITY OF THE DEPARTMENT
AND THE STATE BOARD FOR PROFESSIONAL MEDICAL CONDUCT ESTABLISHED PURSU-
ANT TO SECTION TWO HUNDRED THIRTY OF THIS CHAPTER AS IF HE OR SHE IS A
LICENSEE AND AS IF THE EXEMPTION PURSUANT TO THIS SUBDIVISION IS A
LICENSE. SUCH INDIVIDUAL SHALL COMPLY WITH APPLICABLE PROVISIONS OF THIS
S. 4007--A 284 A. 3007--A
ARTICLE, THIS CHAPTER, THE RULES OF THE DEPARTMENT, THE STATE BOARD FOR
PROFESSIONAL MEDICAL CONDUCT ESTABLISHED PURSUANT TO SECTION TWO HUNDRED
THIRTY OF THIS CHAPTER, AND THE REGULATIONS OF THE COMMISSIONER AND THE
COMMISSIONER OF HEALTH, RELATING TO PROFESSIONAL MISCONDUCT, DISCIPLI-
NARY PROCEEDINGS AND PENALTIES FOR PROFESSIONAL MISCONDUCT.
§ 6527. SPECIAL PROVISIONS. 1. A NOT-FOR-PROFIT MEDICAL OR DENTAL
EXPENSE INDEMNITY CORPORATION OR A HOSPITAL SERVICE CORPORATION ORGAN-
IZED UNDER THE INSURANCE LAW MAY EMPLOY LICENSED PHYSICIANS AND ENTER
INTO CONTRACTS WITH PARTNERSHIPS OR MEDICAL CORPORATIONS ORGANIZED UNDER
ARTICLE FORTY-FOUR OF THIS CHAPTER, HEALTH MAINTENANCE ORGANIZATIONS
POSSESSING A CERTIFICATE OF AUTHORITY PURSUANT TO ARTICLE FORTY-FOUR OF
THIS CHAPTER, PROFESSIONAL CORPORATIONS ORGANIZED UNDER ARTICLE FIFTEEN
OF THE BUSINESS CORPORATION LAW OR OTHER GROUPS OF PHYSICIANS TO PRAC-
TICE MEDICINE ON ITS BEHALF FOR PERSONS INSURED UNDER ITS CONTRACTS OR
POLICIES.
2. NOTWITHSTANDING ANY INCONSISTENT PROVISION OF ANY GENERAL, SPECIAL
OR LOCAL LAW, ANY LICENSED PHYSICIAN WHO VOLUNTARILY AND WITHOUT THE
EXPECTATION OF MONETARY COMPENSATION RENDERS FIRST AID OR EMERGENCY
TREATMENT AT THE SCENE OF AN ACCIDENT OR OTHER EMERGENCY, OUTSIDE A
HOSPITAL, DOCTOR'S OFFICE OR ANY OTHER PLACE HAVING PROPER AND NECESSARY
MEDICAL EQUIPMENT, TO A PERSON WHO IS UNCONSCIOUS, ILL OR INJURED, SHALL
NOT BE LIABLE FOR DAMAGES FOR INJURIES ALLEGED TO HAVE BEEN SUSTAINED BY
SUCH PERSON OR FOR DAMAGES FOR THE DEATH OF SUCH PERSON ALLEGED TO HAVE
OCCURRED BY REASON OF AN ACT OR OMISSION IN THE RENDERING OF SUCH FIRST
AID OR EMERGENCY TREATMENT UNLESS IT IS ESTABLISHED THAT SUCH INJURIES
WERE OR SUCH DEATH WAS CAUSED BY GROSS NEGLIGENCE ON THE PART OF SUCH
PHYSICIAN. NOTHING IN THIS SUBDIVISION SHALL BE DEEMED OR CONSTRUED TO
RELIEVE A LICENSED PHYSICIAN FROM LIABILITY FOR DAMAGES FOR INJURIES OR
DEATH CAUSED BY AN ACT OR OMISSION ON THE PART OF A PHYSICIAN WHILE
RENDERING PROFESSIONAL SERVICES IN THE NORMAL AND ORDINARY COURSE OF HIS
PRACTICE.
3. NO INDIVIDUAL WHO SERVES AS A MEMBER OF:
A. A COMMITTEE ESTABLISHED TO ADMINISTER A UTILIZATION REVIEW PLAN OF
A HOSPITAL, INCLUDING A HOSPITAL AS DEFINED IN ARTICLE TWENTY-EIGHT OF
THIS CHAPTER OR A HOSPITAL AS DEFINED IN SUBDIVISION TEN OF SECTION 1.03
OF THE MENTAL HYGIENE LAW;
B. A COMMITTEE HAVING THE RESPONSIBILITY OF THE INVESTIGATION OF AN
INCIDENT REPORTED PURSUANT TO SECTION 29.29 OF THE MENTAL HYGIENE LAW OR
THE EVALUATION AND IMPROVEMENT OF THE QUALITY OF CARE RENDERED IN A
HOSPITAL AS DEFINED IN ARTICLE TWENTY-EIGHT OF THIS CHAPTER OR A HOSPI-
TAL AS DEFINED IN SUBDIVISION TEN OF SECTION 1.03 OF THE MENTAL HYGIENE
LAW;
C. ANY MEDICAL REVIEW COMMITTEE OR SUBCOMMITTEE THEREOF OF A LOCAL,
COUNTY OR STATE MEDICAL, DENTAL, PODIATRY OR OPTOMETRICAL SOCIETY, ANY
SUCH SOCIETY ITSELF, A PROFESSIONAL STANDARDS REVIEW ORGANIZATION OR AN
INDIVIDUAL WHEN SUCH COMMITTEE, SUBCOMMITTEE, SOCIETY, ORGANIZATION OR
INDIVIDUAL IS PERFORMING ANY MEDICAL OR QUALITY ASSURANCE REVIEW FUNC-
TION INCLUDING THE INVESTIGATION OF AN INCIDENT REPORTED PURSUANT TO
SECTION 29.29 OF THE MENTAL HYGIENE LAW, EITHER DESCRIBED IN PARAGRAPHS
A AND B OF THIS SUBDIVISION, REQUIRED BY LAW, OR INVOLVING ANY CONTRO-
VERSY OR DISPUTE BETWEEN (I) A PHYSICIAN, DENTIST, PODIATRIST OR OPTOME-
TRIST OR HOSPITAL ADMINISTRATOR AND A PATIENT CONCERNING THE DIAGNOSIS,
TREATMENT OR CARE OF SUCH PATIENT OR THE FEES OR CHARGES THEREFOR OR
(II) A PHYSICIAN, DENTIST, PODIATRIST OR OPTOMETRIST OR HOSPITAL ADMIN-
ISTRATOR AND A PROVIDER OF MEDICAL, DENTAL, PODIATRIC OR OPTOMETRICAL
S. 4007--A 285 A. 3007--A
SERVICES CONCERNING ANY MEDICAL OR HEALTH CHARGES OR FEES OF SUCH PHYSI-
CIAN, DENTIST, PODIATRIST OR OPTOMETRIST;
D. A COMMITTEE APPOINTED PURSUANT TO SECTION TWENTY-EIGHT HUNDRED
FIVE-J OF THIS CHAPTER TO PARTICIPATE IN THE MEDICAL AND DENTAL MALPRAC-
TICE PREVENTION PROGRAM;
E. ANY INDIVIDUAL WHO PARTICIPATED IN THE PREPARATION OF INCIDENT
REPORTS REQUIRED BY THE DEPARTMENT OF HEALTH PURSUANT TO SECTION TWEN-
TY-EIGHT HUNDRED FIVE-L OF THIS CHAPTER; OR
F. A COMMITTEE ESTABLISHED TO ADMINISTER A UTILIZATION REVIEW PLAN, OR
A COMMITTEE HAVING THE RESPONSIBILITY OF EVALUATION AND IMPROVEMENT OF
THE QUALITY OF CARE RENDERED, IN A HEALTH MAINTENANCE ORGANIZATION
ORGANIZED UNDER ARTICLE FORTY-FOUR OF THIS CHAPTER OR ARTICLE FORTY-
THREE OF THE INSURANCE LAW, INCLUDING A COMMITTEE OF AN INDIVIDUAL PRAC-
TICE ASSOCIATION OR MEDICAL GROUP ACTING PURSUANT TO A CONTRACT WITH
SUCH A HEALTH MAINTENANCE ORGANIZATION, SHALL BE LIABLE IN DAMAGES TO
ANY PERSON FOR ANY ACTION TAKEN OR RECOMMENDATIONS MADE, BY HIM OR HER
WITHIN THE SCOPE OF HIS OR HER FUNCTION IN SUCH CAPACITY PROVIDED THAT
(I) SUCH INDIVIDUAL HAS TAKEN ACTION OR MADE RECOMMENDATIONS WITHIN THE
SCOPE OF HIS OR HER FUNCTION AND WITHOUT MALICE, AND (II) IN THE REASON-
ABLE BELIEF AFTER REASONABLE INVESTIGATION THAT THE ACT OR RECOMMENDA-
TION WAS WARRANTED, BASED UPON THE FACTS DISCLOSED.
NEITHER THE PROCEEDINGS NOR THE RECORDS RELATING TO PERFORMANCE OF A
MEDICAL OR A QUALITY ASSURANCE REVIEW FUNCTION OR PARTICIPATION IN A
MEDICAL AND DENTAL MALPRACTICE PREVENTION PROGRAM NOR ANY REPORT
REQUIRED BY THE DEPARTMENT PURSUANT TO SECTION TWENTY-EIGHT HUNDRED
FIVE-L OF THIS CHAPTER DESCRIBED HEREIN, INCLUDING THE INVESTIGATION OF
AN INCIDENT REPORTED PURSUANT TO SECTION 29.29 OF THE MENTAL HYGIENE
LAW, SHALL BE SUBJECT TO DISCLOSURE UNDER ARTICLE THIRTY-ONE OF THE
CIVIL PRACTICE LAW AND RULES EXCEPT AS HEREINAFTER PROVIDED OR AS
PROVIDED BY ANY OTHER PROVISION OF LAW. NO PERSON IN ATTENDANCE AT A
MEETING WHEN A MEDICAL OR A QUALITY ASSURANCE REVIEW OR A MEDICAL AND
DENTAL MALPRACTICE PREVENTION PROGRAM OR AN INCIDENT REPORTING FUNCTION
DESCRIBED HEREIN WAS PERFORMED, INCLUDING THE INVESTIGATION OF AN INCI-
DENT REPORTED PURSUANT TO SECTION 29.29 OF THE MENTAL HYGIENE LAW, SHALL
BE REQUIRED TO TESTIFY AS TO WHAT TRANSPIRED THEREAT. THE PROHIBITION
RELATING TO DISCOVERY OF TESTIMONY SHALL NOT APPLY TO THE STATEMENTS
MADE BY ANY PERSON IN ATTENDANCE AT SUCH A MEETING WHO IS A PARTY TO AN
ACTION OR PROCEEDING THE SUBJECT MATTER OF WHICH WAS REVIEWED AT SUCH
MEETING.
4. THIS TITLE SHALL NOT BE CONSTRUED TO AFFECT OR PREVENT THE FOLLOW-
ING:
A. THE FURNISHING OF MEDICAL ASSISTANCE IN AN EMERGENCY;
B. THE PRACTICE OF THE RELIGIOUS TENETS OF ANY CHURCH;
C. A PHYSICIAN FROM REFUSING TO PERFORM AN ACT CONSTITUTING THE PRAC-
TICE OF MEDICINE TO WHICH HE OR SHE IS CONSCIENTIOUSLY OPPOSED BY REASON
OF RELIGIOUS TRAINING AND BELIEF;
D. THE ORGANIZATION OF A MEDICAL CORPORATION UNDER ARTICLE FORTY-FOUR
OF THIS CHAPTER, THE ORGANIZATION OF A UNIVERSITY FACULTY PRACTICE
CORPORATION UNDER SECTION FOURTEEN HUNDRED TWELVE OF THE NOT-FOR-PROFIT
CORPORATION LAW OR THE ORGANIZATION OF A PROFESSIONAL SERVICE CORPO-
RATION UNDER ARTICLE FIFTEEN OF THE BUSINESS CORPORATION LAW; OR
E. THE PHYSICIAN'S USE OF WHATEVER MEDICAL CARE, CONVENTIONAL OR NON-
CONVENTIONAL, WHICH EFFECTIVELY TREATS HUMAN DISEASE, PAIN, INJURY,
DEFORMITY OR PHYSICAL CONDITION.
5. THERE SHALL BE NO MONETARY LIABILITY ON THE PART OF, AND NO CAUSE
OF ACTION FOR DAMAGES SHALL ARISE AGAINST, ANY PERSON, PARTNERSHIP,
S. 4007--A 286 A. 3007--A
CORPORATION, FIRM, SOCIETY, OR OTHER ENTITY ON ACCOUNT OF THE COMMUNI-
CATION OF INFORMATION IN THE POSSESSION OF SUCH PERSON OR ENTITY, OR ON
ACCOUNT OF ANY RECOMMENDATION OR EVALUATION, REGARDING THE QUALIFICA-
TIONS, FITNESS, OR PROFESSIONAL CONDUCT OR PRACTICES OF A PHYSICIAN, TO
ANY GOVERNMENTAL AGENCY, MEDICAL OR SPECIALISTS SOCIETY, A HOSPITAL AS
DEFINED IN ARTICLE TWENTY-EIGHT OF THE PUBLIC HEALTH LAW, A HOSPITAL AS
DEFINED IN SUBDIVISION TEN OF SECTION 1.03 OF THE MENTAL HYGIENE LAW, OR
A HEALTH MAINTENANCE ORGANIZATION ORGANIZED UNDER ARTICLE FORTY-FOUR OF
THIS CHAPTER OR ARTICLE FORTY-THREE OF THE INSURANCE LAW, INCLUDING A
COMMITTEE OF AN INDIVIDUAL PRACTICE ASSOCIATION OR MEDICAL GROUP ACTING
PURSUANT TO A CONTRACT WITH A HEALTH MAINTENANCE ORGANIZATION. THE FORE-
GOING SHALL NOT APPLY TO INFORMATION WHICH IS UNTRUE AND COMMUNICATED
WITH MALICIOUS INTENT.
6. A LICENSED PHYSICIAN MAY PRESCRIBE AND ORDER A NON-PATIENT SPECIFIC
REGIMEN TO A REGISTERED PROFESSIONAL NURSE, PURSUANT TO REGULATIONS
PROMULGATED BY THE COMMISSIONER, AND CONSISTENT WITH THIS CHAPTER, FOR:
A. ADMINISTERING IMMUNIZATIONS.
B. THE EMERGENCY TREATMENT OF ANAPHYLAXIS.
C. ADMINISTERING PURIFIED PROTEIN DERIVATIVE (PPD) TESTS OR OTHER
TESTS TO DETECT OR SCREEN FOR TUBERCULOSIS INFECTIONS.
D. ADMINISTERING TESTS TO DETERMINE THE PRESENCE OF THE HUMAN IMMUNO-
DEFICIENCY VIRUS.
E. ADMINISTERING TESTS TO DETERMINE THE PRESENCE OF THE HEPATITIS C
VIRUS.
F. THE URGENT OR EMERGENCY TREATMENT OF OPIOID RELATED OVERDOSE OR
SUSPECTED OPIOID RELATED OVERDOSE.
G. SCREENING OF PERSONS AT INCREASED RISK OF SYPHILIS, GONORRHEA AND
CHLAMYDIA.
7. A LICENSED PHYSICIAN MAY PRESCRIBE AND ORDER A PATIENT SPECIFIC
ORDER OR NON-PATIENT SPECIFIC REGIMEN TO A LICENSED PHARMACIST, PURSUANT
TO REGULATIONS PROMULGATED BY THE COMMISSIONER, AND CONSISTENT WITH THIS
CHAPTER, FOR:
A. ADMINISTERING IMMUNIZATIONS TO PREVENT INFLUENZA TO PATIENTS TWO
YEARS OF AGE OR OLDER;
B. ADMINISTERING IMMUNIZATIONS TO PREVENT PNEUMOCOCCAL, ACUTE HERPES
ZOSTER, HEPATITIS A, HEPATITIS B, HUMAN PAPILLOMAVIRUS, MEASLES, MUMPS,
RUBELLA, VARICELLA, COVID-19, MENINGOCOCCAL, TETANUS, DIPHTHERIA OR
PERTUSSIS DISEASE AND MEDICATIONS REQUIRED FOR EMERGENCY TREATMENT OF
ANAPHYLAXIS TO PATIENTS EIGHTEEN YEARS OF AGE OR OLDER; AND
C. ADMINISTERING OTHER IMMUNIZATIONS RECOMMENDED BY THE ADVISORY
COMMITTEE ON IMMUNIZATION PRACTICES OF THE CENTERS FOR DISEASE CONTROL
AND PREVENTION FOR PATIENTS EIGHTEEN YEARS OF AGE OR OLDER IF THE
COMMISSIONER DETERMINES THAT AN IMMUNIZATION: (I) (A) MAY BE SAFELY
ADMINISTERED BY A LICENSED PHARMACIST WITHIN THEIR LAWFUL SCOPE OF PRAC-
TICE; AND (B) IS NEEDED TO PREVENT THE TRANSMISSION OF A REPORTABLE
COMMUNICABLE DISEASE THAT IS PREVALENT IN NEW YORK STATE; OR (II) IS A
RECOMMENDED IMMUNIZATION FOR SUCH PATIENTS WHO: (A) MEET AGE REQUIRE-
MENTS, (B) LACK DOCUMENTATION OF SUCH IMMUNIZATION, (C) LACK EVIDENCE OF
PAST INFECTION, OR (D) HAVE AN ADDITIONAL RISK FACTOR OR ANOTHER INDI-
CATION AS RECOMMENDED BY THE ADVISORY COMMITTEE ON IMMUNIZATION PRAC-
TICES OF THE CENTERS FOR DISEASE CONTROL AND PREVENTION. NOTHING IN THIS
SUBDIVISION SHALL AUTHORIZE UNLICENSED PERSONS TO ADMINISTER IMMUNIZA-
TIONS, VACCINES OR OTHER DRUGS.
8. A LICENSED PHYSICIAN MAY PRESCRIBE AND ORDER A PATIENT SPECIFIC
ORDER OR NON-PATIENT SPECIFIC ORDER TO A LICENSED PHARMACIST, PURSUANT
TO REGULATIONS PROMULGATED BY THE COMMISSIONER, AND CONSISTENT WITH THIS
S. 4007--A 287 A. 3007--A
CHAPTER, FOR DISPENSING UP TO A SEVEN DAY STARTER PACK OF HIV POST-EXPO-
SURE PROPHYLAXIS FOR THE PURPOSE OF PREVENTING HUMAN IMMUNODEFICIENCY
VIRUS INFECTION FOLLOWING A POTENTIAL HUMAN IMMUNODEFICIENCY VIRUS EXPO-
SURE.
9. NOTHING IN THIS TITLE SHALL PROHIBIT THE PROVISION OF PSYCHOTHERAPY
AS DEFINED IN SUBDIVISION TWO OF SECTION EIGHTY-FOUR HUNDRED ONE OF THIS
ARTICLE TO THE EXTENT PERMISSIBLE WITHIN THE SCOPE OF PRACTICE OF MEDI-
CINE, BY ANY NOT-FOR-PROFIT CORPORATION OR EDUCATION CORPORATION PROVID-
ING SERVICES WITHIN THE STATE OF NEW YORK AND OPERATING UNDER A WAIVER
PURSUANT TO SECTION SIXTY-FIVE HUNDRED THREE-A OF THIS ARTICLE, PROVIDED
THAT SUCH ENTITIES OFFERING SUCH PSYCHOTHERAPY SERVICES SHALL ONLY
PROVIDE SUCH SERVICES THROUGH AN INDIVIDUAL APPROPRIATELY LICENSED OR
OTHERWISE AUTHORIZED TO PROVIDE SUCH SERVICES OR A PROFESSIONAL ENTITY
AUTHORIZED BY LAW TO PROVIDE SUCH SERVICES.
10. A. NOTHING IN THIS TITLE SHALL BE CONSTRUED TO AFFECT OR PREVENT A
PERSON IN TRAINING OR TRAINED AND DEEMED QUALIFIED BY A SUPERVISING
LICENSED PHYSICIAN, TO ASSIST THE LICENSED PHYSICIAN IN THE CARE OF A
PATIENT FOR THE PURPOSE OF INSTILLING MYDRIATIC OR CYCLOPLEGIC EYE DROPS
AND ANESTHETIC EYE DROPS IN CONJUNCTION WITH SUCH DILATING DROPS TO THE
SURFACE OF THE EYE OF A PATIENT, PROVIDED THAT THE PERSON INSTILLING
SUCH EYE DROPS IS:
(I) UNDER THE ON-SITE SUPERVISION OF A SUPERVISING LICENSED PHYSICIAN;
(II) AT LEAST EIGHTEEN YEARS OF AGE; AND
(III) COMPLIES WITH STANDARDS ISSUED BY THE DEPARTMENT.
B. THE SUPERVISING LICENSED PHYSICIAN SHALL SUBMIT A FORM PRESCRIBED
BY THE DEPARTMENT DETAILING THE IDENTITY OF EACH PERSON INSTILLING
MYDRIATIC OR CYCLOPLEGIC EYE DROPS AND ANESTHETIC EYE DROPS IN CONJUNC-
TION WITH SUCH DILATING DROPS TO THE SURFACE OF THE EYE OF A PATIENT,
UNDER HIS OR HER SUPERVISION, ATTESTING TO COMPLIANCE WITH THE ABOVE
REQUIREMENTS.
C. THE SUPERVISING LICENSED PHYSICIAN'S USE OF ANY SUCH PERSON PURSU-
ANT TO THE TERMS OF THIS SUBDIVISION SHALL BE UNDERTAKEN WITH PROFES-
SIONAL JUDGMENT IN ORDER TO ENSURE THE SAFETY AND WELL-BEING OF THE
PATIENT. SUCH USE SHALL SUBJECT THE LICENSED PHYSICIAN TO THE FULL
DISCIPLINARY AND REGULATORY AUTHORITY OF THE OFFICE OF PROFESSIONAL
MEDICAL CONDUCT AND THE DEPARTMENT. THE LICENSED PHYSICIAN MUST NOTIFY
THE PATIENT OR THE PATIENT'S DESIGNATED HEALTH CARE SURROGATE THAT THE
LICENSED PHYSICIAN MAY UTILIZE THE SERVICES OF AN INDIVIDUAL TO ADMINIS-
TER CERTAIN EYE DROPS AND MUST PROVIDE THE PATIENT OR THE PATIENT'S
DESIGNATED HEALTH CARE SURROGATE THE OPPORTUNITY TO REFUSE THE LICENSED
PHYSICIAN'S PLAN TO UTILIZE SUCH PERSON.
11. A LICENSED PHYSICIAN MAY PRESCRIBE AND ORDER A NON-PATIENT-SPECIF-
IC REGIMEN TO A LICENSED PHARMACIST, FOR INSULIN AND RELATED SUPPLIES
PURSUANT TO SECTION SIXTY-EIGHT HUNDRED ONE OF THIS ARTICLE.
§ 6528. QUALIFICATION OF CERTAIN APPLICANTS FOR LICENSURE. 1.
NOTWITHSTANDING ANY OTHER PROVISIONS OF THIS TITLE OR ANY LAW TO THE
CONTRARY, AN INDIVIDUAL WHO AT THE TIME OF HIS OR HER ENROLLMENT IN A
MEDICAL SCHOOL OUTSIDE THE UNITED STATES IS A RESIDENT OF THE UNITED
STATES SHALL BE ELIGIBLE FOR LICENSURE IN THIS STATE IF HE OR SHE HAS
SATISFIED THE REQUIREMENTS OF SUBDIVISIONS ONE, FIVE, SIX, SEVEN AND
EIGHT OF SECTION SIXTY-FIVE HUNDRED TWENTY-FOUR OF THIS TITLE AND:
A. HAS STUDIED MEDICINE IN A MEDICAL SCHOOL LOCATED OUTSIDE THE UNITED
STATES WHICH IS RECOGNIZED BY THE WORLD HEALTH ORGANIZATION;
B. HAS COMPLETED ALL OF THE FORMAL REQUIREMENTS OF THE FOREIGN MEDICAL
SCHOOL EXCEPT INTERNSHIP AND/OR SOCIAL SERVICE;
S. 4007--A 288 A. 3007--A
C. HAS ATTAINED A SCORE SATISFACTORY TO A MEDICAL SCHOOL APPROVED BY
THE LIAISON COMMITTEE ON MEDICAL EDUCATION ON A QUALIFYING EXAMINATION
ACCEPTABLE TO THE STATE BOARD FOR MEDICINE, AND HAS SATISFACTORILY
COMPLETED ONE ACADEMIC YEAR OF SUPERVISED CLINICAL TRAINING UNDER THE
DIRECTION OF SUCH MEDICAL SCHOOL;
D. HAS COMPLETED THE POST-GRADUATE HOSPITAL TRAINING REQUIRED BY THE
STATE BOARD OF MEDICINE OF ALL APPLICANTS FOR LICENSURE; AND
E. HAS PASSED THE EXAMINATION REQUIRED BY THE STATE BOARD OF MEDICINE
OF ALL APPLICANTS FOR LICENSURE.
2. SATISFACTION OF THE REQUIREMENTS OF PARAGRAPHS A, B AND C OF SUBDI-
VISION ONE OF THIS SECTION SHALL BE IN LIEU OF THE COMPLETION OF ANY
FOREIGN INTERNSHIP AND/OR SOCIAL SERVICE REQUIREMENTS, AND NO SUCH
REQUIREMENTS SHALL BE A CONDITION OF LICENSURE AS A PHYSICIAN IN THIS
STATE.
3. SATISFACTION OF THE REQUIREMENTS OF PARAGRAPHS A, B AND C OF SUBDI-
VISION ONE OF THIS SECTION SHALL BE IN LIEU OF CERTIFICATION BY THE
EDUCATIONAL COUNCIL FOR FOREIGN MEDICAL GRADUATES, AND SUCH CERTIF-
ICATION SHALL NOT BE A CONDITION OF LICENSURE AS A PHYSICIAN IN THIS
STATE FOR CANDIDATES WHO HAVE COMPLETED THE REQUIREMENTS OF SUBDIVISION
ONE OF THIS SECTION.
4. NO HOSPITAL LICENSED BY THIS STATE, OR OPERATED BY THE STATE OR A
POLITICAL SUBDIVISION THEREOF, OR WHICH RECEIVES STATE FINANCIAL ASSIST-
ANCE, DIRECTLY OR INDIRECTLY, SHALL REQUIRE AN INDIVIDUAL WHO HAS SATIS-
FIED THE REQUIREMENTS OF PARAGRAPHS A, B AND C OF SUBDIVISION ONE OF
THIS SECTION, AND WHO AT THE TIME OF HIS OR HER ENROLLMENT IN A MEDICAL
SCHOOL OUTSIDE THE UNITED STATES IS A RESIDENT OF THE UNITED STATES, TO
SATISFY ANY FURTHER EDUCATION OR EXAMINATION REQUIREMENTS PRIOR TO
COMMENCING AN INTERNSHIP OR RESIDENCY.
5. A DOCUMENT GRANTED BY A MEDICAL SCHOOL LOCATED OUTSIDE THE UNITED
STATES WHICH IS RECOGNIZED BY THE WORLD HEALTH ORGANIZATION ISSUED AFTER
THE COMPLETION OF ALL THE FORMAL REQUIREMENTS OF SUCH FOREIGN MEDICAL
SCHOOL EXCEPT INTERNSHIP AND/OR SOCIAL SERVICE SHALL, UPON CERTIFICATION
BY THE MEDICAL SCHOOL IN WHICH SUCH TRAINING WAS RECEIVED OF SATISFAC-
TORY COMPLETION BY THE PERSON TO WHOM SUCH DOCUMENT WAS ISSUED OF THE
REQUIREMENTS LISTED IN PARAGRAPH C OF SUBDIVISION ONE OF THIS SECTION,
BE DEEMED THE EQUIVALENT OF A DEGREE OF DOCTOR OF MEDICINE FOR PURPOSES
OF LICENSURE AND PRACTICE AS A PHYSICIAN IN THIS STATE.
§ 6529. POWER OF DEPARTMENT REGARDING CERTAIN PHYSICIANS. NOTWITH-
STANDING ANY PROVISION OF LAW TO THE CONTRARY, THE DEPARTMENT IS AUTHOR-
IZED, IN ITS DISCRETION, TO CONFER THE DEGREE OF DOCTOR OF MEDICINE
(M.D.) UPON PHYSICIANS WHO ARE LICENSED PURSUANT TO SECTION SIXTY-FIVE
HUNDRED TWENTY-FOUR OR SIXTY-FIVE HUNDRED TWENTY-EIGHT OF THIS ARTICLE.
EACH APPLICANT SHALL PAY A FEE OF THREE HUNDRED DOLLARS TO THE DEPART-
MENT FOR THE ISSUANCE OF SUCH DEGREE.
TITLE 3
DEFINITIONS OF PROFESSIONAL MISCONDUCT APPLICABLE TO PHYSICIANS,
PHYSICIAN'S ASSISTANTS AND SPECIALIST'S ASSISTANTS
SECTION 6530. DEFINITIONS OF PROFESSIONAL MISCONDUCT.
6531. ADDITIONAL DEFINITION OF PROFESSIONAL MISCONDUCT, LIMIT-
ED APPLICATION.
6531-A. ADDITIONAL DEFINITION OF PROFESSIONAL MISCONDUCT; MENTAL
HEALTH PROFESSIONALS.
6532. ENFORCEMENT, ADMINISTRATION AND INTERPRETATION OF THIS
TITLE.
S. 4007--A 289 A. 3007--A
§ 6530. DEFINITIONS OF PROFESSIONAL MISCONDUCT. EACH OF THE FOLLOWING
IS PROFESSIONAL MISCONDUCT, AND ANY LICENSEE FOUND GUILTY OF SUCH
MISCONDUCT UNDER THE PROCEDURES PRESCRIBED IN SECTION TWO HUNDRED THIRTY
OF THIS CHAPTER SHALL BE SUBJECT TO PENALTIES AS PRESCRIBED IN SECTION
TWO HUNDRED THIRTY-A OF THIS CHAPTER EXCEPT THAT THE CHARGES MAY BE
DISMISSED IN THE INTEREST OF JUSTICE:
1. OBTAINING THE LICENSE FRAUDULENTLY;
2. PRACTICING THE PROFESSION FRAUDULENTLY OR BEYOND ITS AUTHORIZED
SCOPE;
3. PRACTICING THE PROFESSION WITH NEGLIGENCE ON MORE THAN ONE OCCA-
SION;
4. PRACTICING THE PROFESSION WITH GROSS NEGLIGENCE ON A PARTICULAR
OCCASION;
5. PRACTICING THE PROFESSION WITH INCOMPETENCE ON MORE THAN ONE OCCA-
SION;
6. PRACTICING THE PROFESSION WITH GROSS INCOMPETENCE;
7. PRACTICING THE PROFESSION WHILE IMPAIRED BY ALCOHOL, DRUGS, PHYS-
ICAL DISABILITY, OR MENTAL DISABILITY;
8. BEING A HABITUAL ABUSER OF ALCOHOL, OR BEING DEPENDENT ON OR A
HABITUAL USER OF NARCOTICS, BARBITURATES, AMPHETAMINES, HALLUCINOGENS,
OR OTHER DRUGS HAVING SIMILAR EFFECTS, EXCEPT FOR A LICENSEE WHO IS
MAINTAINED ON AN APPROVED THERAPEUTIC REGIMEN WHICH DOES NOT IMPAIR THE
ABILITY TO PRACTICE, OR HAVING A PSYCHIATRIC CONDITION WHICH IMPAIRS THE
LICENSEE'S ABILITY TO PRACTICE;
9. A. BEING CONVICTED OF COMMITTING AN ACT CONSTITUTING A CRIME UNDER:
(I) NEW YORK STATE LAW OR,
(II) FEDERAL LAW OR,
(III) THE LAW OF ANOTHER JURISDICTION AND WHICH, IF COMMITTED WITHIN
THIS STATE, WOULD HAVE CONSTITUTED A CRIME UNDER NEW YORK STATE LAW;
B. HAVING BEEN FOUND GUILTY OF IMPROPER PROFESSIONAL PRACTICE OR
PROFESSIONAL MISCONDUCT BY A DULY AUTHORIZED PROFESSIONAL DISCIPLINARY
AGENCY OF ANOTHER STATE WHERE THE CONDUCT UPON WHICH THE FINDING WAS
BASED WOULD, IF COMMITTED IN NEW YORK STATE, CONSTITUTE PROFESSIONAL
MISCONDUCT UNDER THE LAWS OF NEW YORK STATE;
C. HAVING BEEN FOUND GUILTY IN AN ADJUDICATORY PROCEEDING OF VIOLATING
A STATE OR FEDERAL STATUTE OR REGULATION, PURSUANT TO A FINAL DECISION
OR DETERMINATION, AND WHEN NO APPEAL IS PENDING, OR AFTER RESOLUTION OF
THE PROCEEDING BY STIPULATION OR AGREEMENT, AND WHEN THE VIOLATION WOULD
CONSTITUTE PROFESSIONAL MISCONDUCT PURSUANT TO THIS SECTION;
D. HAVING HIS OR HER LICENSE TO PRACTICE MEDICINE REVOKED, SUSPENDED
OR HAVING OTHER DISCIPLINARY ACTION TAKEN, OR HAVING HIS OR HER APPLICA-
TION FOR A LICENSE REFUSED, REVOKED OR SUSPENDED OR HAVING VOLUNTARILY
OR OTHERWISE SURRENDERED HIS OR HER LICENSE AFTER A DISCIPLINARY ACTION
WAS INSTITUTED BY A DULY AUTHORIZED PROFESSIONAL DISCIPLINARY AGENCY OF
ANOTHER STATE, WHERE THE CONDUCT RESULTING IN THE REVOCATION, SUSPENSION
OR OTHER DISCIPLINARY ACTION INVOLVING THE LICENSE OR REFUSAL, REVOCA-
TION OR SUSPENSION OF AN APPLICATION FOR A LICENSE OR THE SURRENDER OF
THE LICENSE WOULD, IF COMMITTED IN NEW YORK STATE, CONSTITUTE PROFES-
SIONAL MISCONDUCT UNDER THE LAWS OF NEW YORK STATE; OR
E. HAVING BEEN FOUND BY THE COMMISSIONER TO BE IN VIOLATION OF ARTICLE
THIRTY-THREE OF THIS CHAPTER;
10. REFUSING TO PROVIDE PROFESSIONAL SERVICE TO A PERSON BECAUSE OF
SUCH PERSON'S RACE, CREED, COLOR OR NATIONAL ORIGIN;
11. PERMITTING, AIDING OR ABETTING AN UNLICENSED PERSON TO PERFORM
ACTIVITIES REQUIRING A LICENSE;
S. 4007--A 290 A. 3007--A
12. PRACTICING THE PROFESSION WHILE THE LICENSE IS SUSPENDED OR INAC-
TIVE AS DEFINED IN SUBDIVISION THIRTEEN OF SECTION TWO HUNDRED THIRTY OF
THIS CHAPTER, OR WILLFULLY FAILING TO REGISTER OR NOTIFY THE DEPARTMENT
OF HEALTH OF ANY CHANGE OF NAME OR MAILING ADDRESS, OR, IF A PROFES-
SIONAL SERVICE CORPORATION, WILLFULLY FAILING TO COMPLY WITH SECTIONS
FIFTEEN HUNDRED THREE AND FIFTEEN HUNDRED FOURTEEN OF THE BUSINESS
CORPORATION LAW OR, IF A UNIVERSITY FACULTY PRACTICE CORPORATION WILFUL-
LY FAILING TO COMPLY WITH PARAGRAPHS (B), (C) AND (D) OF SECTION FIFTEEN
HUNDRED THREE AND SECTION FIFTEEN HUNDRED FOURTEEN OF THE BUSINESS
CORPORATION LAW;
13. A WILLFUL VIOLATION BY A LICENSEE OF SUBDIVISION ELEVEN OF SECTION
TWO HUNDRED THIRTY OF THIS CHAPTER;
14. A VIOLATION OF SECTION TWENTY-EIGHT HUNDRED THREE-D, TWENTY-EIGHT
HUNDRED FIVE-K OR SUBPARAGRAPH (II) OF PARAGRAPH (H) OF SUBDIVISION TEN
OF SECTION TWO HUNDRED THIRTY OF THIS CHAPTER;
15. FAILURE TO COMPLY WITH AN ORDER ISSUED PURSUANT TO SUBDIVISION
SEVEN, PARAGRAPH A OF SUBDIVISION TEN, AND SUBDIVISION SEVENTEEN OF
SECTION TWO HUNDRED THIRTY OF THIS CHAPTER;
16. A WILLFUL OR GROSSLY NEGLIGENT FAILURE TO COMPLY WITH SUBSTANTIAL
PROVISIONS OF FEDERAL, STATE, OR LOCAL LAWS, RULES, OR REGULATIONS
GOVERNING THE PRACTICE OF MEDICINE;
17. EXERCISING UNDUE INFLUENCE ON THE PATIENT, INCLUDING THE PROMOTION
OF THE SALE OF SERVICES, GOODS, APPLIANCES, OR DRUGS IN SUCH MANNER AS
TO EXPLOIT THE PATIENT FOR THE FINANCIAL GAIN OF THE LICENSEE OR OF A
THIRD PARTY;
18. DIRECTLY OR INDIRECTLY OFFERING, GIVING, SOLICITING, OR RECEIVING
OR AGREEING TO RECEIVE, ANY FEE OR OTHER CONSIDERATION TO OR FROM A
THIRD PARTY FOR THE REFERRAL OF A PATIENT OR IN CONNECTION WITH THE
PERFORMANCE OF PROFESSIONAL SERVICES;
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. 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 THIS CHAPTER OR ARTICLE THIRTEEN OF THE
MENTAL HYGIENE LAW;
20. CONDUCT IN THE PRACTICE OF MEDICINE WHICH EVIDENCES MORAL UNFIT-
NESS TO PRACTICE MEDICINE;
21. WILLFULLY MAKING OR FILING A FALSE REPORT, OR FAILING TO FILE A
REPORT REQUIRED BY LAW OR BY THE DEPARTMENT OF HEALTH OR THE EDUCATION
DEPARTMENT, OR WILLFULLY IMPEDING OR OBSTRUCTING SUCH FILING, OR INDUC-
ING ANOTHER PERSON TO DO SO;
22. FAILING TO MAKE AVAILABLE TO A PATIENT, UPON REQUEST, COPIES OF
DOCUMENTS IN THE POSSESSION OR UNDER THE CONTROL OF THE LICENSEE WHICH
HAVE BEEN PREPARED FOR AND PAID FOR BY THE PATIENT OR CLIENT;
23. REVEALING OF PERSONALLY IDENTIFIABLE FACTS, DATA, OR INFORMATION
OBTAINED IN A PROFESSIONAL CAPACITY WITHOUT THE PRIOR CONSENT OF THE
PATIENT, EXCEPT AS AUTHORIZED OR REQUIRED BY LAW;
24. PRACTICING OR OFFERING TO PRACTICE BEYOND THE SCOPE PERMITTED BY
LAW, OR ACCEPTING AND PERFORMING PROFESSIONAL RESPONSIBILITIES WHICH THE
LICENSEE KNOWS OR HAS REASON TO KNOW THAT HE OR SHE IS NOT COMPETENT TO
S. 4007--A 291 A. 3007--A
PERFORM, OR PERFORMING WITHOUT ADEQUATE SUPERVISION PROFESSIONAL
SERVICES WHICH THE LICENSEE IS AUTHORIZED TO PERFORM ONLY UNDER THE
SUPERVISION OF A LICENSED PROFESSIONAL, EXCEPT IN AN EMERGENCY SITUATION
WHERE A PERSON'S LIFE OR HEALTH IS IN DANGER;
25. DELEGATING PROFESSIONAL RESPONSIBILITIES TO A PERSON WHEN THE
LICENSEE DELEGATING SUCH RESPONSIBILITIES KNOWS OR HAS REASON TO KNOW
THAT SUCH PERSON IS NOT QUALIFIED, BY TRAINING, BY EXPERIENCE, OR BY
LICENSURE, TO PERFORM THEM;
25-A. WITH RESPECT TO ANY NON-EMERGENCY TREATMENT, PROCEDURE OR
SURGERY WHICH IS EXPECTED TO INVOLVE LOCAL OR GENERAL ANESTHESIA, FAIL-
ING TO DISCLOSE TO THE PATIENT THE IDENTITIES OF ALL PHYSICIANS, EXCEPT
MEDICAL RESIDENTS IN CERTIFIED TRAINING PROGRAMS, PODIATRISTS AND
DENTISTS, REASONABLY ANTICIPATED TO BE ACTIVELY INVOLVED IN SUCH TREAT-
MENT, PROCEDURE OR SURGERY AND TO OBTAIN SUCH PATIENT'S INFORMED CONSENT
TO SAID PRACTITIONERS' PARTICIPATION;
26. PERFORMING PROFESSIONAL SERVICES WHICH HAVE NOT BEEN DULY AUTHOR-
IZED BY THE PATIENT OR HIS OR HER LEGAL REPRESENTATIVE;
27. ADVERTISING OR SOLICITING FOR PATRONAGE THAT IS NOT IN THE PUBLIC
INTEREST. A. ADVERTISING OR SOLICITING NOT IN THE PUBLIC INTEREST SHALL
INCLUDE, BUT NOT BE LIMITED TO, ADVERTISING OR SOLICITING THAT: (I) IS
FALSE, FRAUDULENT, DECEPTIVE, MISLEADING, SENSATIONAL, OR FLAMBOYANT;
(II) REPRESENTS INTIMIDATION OR UNDUE PRESSURE;
(III) USES TESTIMONIALS;
(IV) GUARANTEES ANY SERVICE;
(V) MAKES ANY CLAIM RELATING TO PROFESSIONAL SERVICES OR PRODUCTS OR
THE COSTS OR PRICE THEREFOR WHICH CANNOT BE SUBSTANTIATED BY THE LICEN-
SEE, WHO SHALL HAVE THE BURDEN OF PROOF;
(VI) MAKES CLAIMS OF PROFESSIONAL SUPERIORITY WHICH CANNOT BE SUBSTAN-
TIATED BY THE LICENSEE, WHO SHALL HAVE THE BURDEN OF PROOF; OR
(VII) OFFERS BONUSES OR INDUCEMENTS IN ANY FORM OTHER THAN A DISCOUNT
OR REDUCTION IN AN ESTABLISHED FEE OR PRICE FOR A PROFESSIONAL SERVICE
OR PRODUCT.
B. THE FOLLOWING SHALL BE DEEMED APPROPRIATE MEANS OF INFORMING THE
PUBLIC OF THE AVAILABILITY OF PROFESSIONAL SERVICES: (I) INFORMATIONAL
ADVERTISING NOT CONTRARY TO THE FOREGOING PROHIBITIONS; AND
(II) THE ADVERTISING IN A NEWSPAPER, PERIODICAL OR PROFESSIONAL DIREC-
TORY OR ON RADIO OR TELEVISION OF FIXED PRICES, OR A STATED RANGE OF
PRICES, FOR SPECIFIED ROUTINE PROFESSIONAL SERVICES, PROVIDED THAT IF
THERE IS AN ADDITIONAL CHARGE FOR RELATED SERVICES WHICH ARE AN INTEGRAL
PART OF THE OVERALL SERVICE BEING PROVIDED BY THE LICENSEE, THE ADVER-
TISEMENT SHALL SO STATE, AND PROVIDED FURTHER THAT THE ADVERTISEMENT
INDICATES THE PERIOD OF TIME FOR WHICH THE ADVERTISED PRICES SHALL BE IN
EFFECT.
C. (I) ALL LICENSEES PLACING ADVERTISEMENTS SHALL MAINTAIN, OR CAUSE
TO BE MAINTAINED, AN EXACT COPY OF EACH ADVERTISEMENT, TRANSCRIPT, TAPE
OR VIDEO TAPE THEREOF AS APPROPRIATE FOR THE MEDIUM USED, FOR A PERIOD
OF ONE YEAR AFTER ITS LAST APPEARANCE. THIS COPY SHALL BE MADE AVAILABLE
FOR INSPECTION UPON DEMAND OF THE DEPARTMENT;
(II) A LICENSEE SHALL NOT COMPENSATE OR GIVE ANYTHING OF VALUE TO
REPRESENTATIVES OF THE PRESS, RADIO, TELEVISION OR OTHER COMMUNICATIONS
MEDIA IN ANTICIPATION OF OR IN RETURN FOR PROFESSIONAL PUBLICITY IN A
NEWS ITEM;
D. NO DEMONSTRATIONS, DRAMATIZATIONS OR OTHER PORTRAYALS OF PROFES-
SIONAL PRACTICE SHALL BE PERMITTED IN ADVERTISING ON RADIO OR TELE-
VISION;
S. 4007--A 292 A. 3007--A
28. FAILING TO RESPOND WITHIN THIRTY DAYS TO WRITTEN COMMUNICATIONS
FROM THE DEPARTMENT OF HEALTH AND TO MAKE AVAILABLE ANY RELEVANT RECORDS
WITH RESPECT TO AN INQUIRY OR COMPLAINT ABOUT THE LICENSEE'S PROFES-
SIONAL MISCONDUCT. THE PERIOD OF THIRTY DAYS SHALL COMMENCE ON THE DATE
WHEN SUCH COMMUNICATION WAS DELIVERED PERSONALLY TO THE LICENSEE. IF
THE COMMUNICATION IS SENT FROM THE DEPARTMENT BY REGISTERED OR CERTIFIED
MAIL, WITH RETURN RECEIPT REQUESTED, TO THE ADDRESS APPEARING IN THE
LAST REGISTRATION, THE PERIOD OF THIRTY DAYS SHALL COMMENCE ON THE DATE
OF DELIVERY TO THE LICENSEE, AS INDICATED BY THE RETURN RECEIPT;
29. VIOLATING ANY TERM OF PROBATION OR CONDITION OR LIMITATION IMPOSED
ON THE LICENSEE PURSUANT TO SECTION TWO HUNDRED THIRTY OF THIS CHAPTER;
30. ABANDONING OR NEGLECTING A PATIENT UNDER AND IN NEED OF IMMEDIATE
PROFESSIONAL CARE, WITHOUT MAKING REASONABLE ARRANGEMENTS FOR THE
CONTINUATION OF SUCH CARE, OR ABANDONING A PROFESSIONAL EMPLOYMENT BY A
GROUP PRACTICE, HOSPITAL, CLINIC OR OTHER HEALTH CARE FACILITY, WITHOUT
REASONABLE NOTICE AND UNDER CIRCUMSTANCES WHICH SERIOUSLY IMPAIR THE
DELIVERY OF PROFESSIONAL CARE TO PATIENTS OR CLIENTS;
31. WILLFULLY HARASSING, ABUSING, OR INTIMIDATING A PATIENT EITHER
PHYSICALLY OR VERBALLY;
32. FAILING TO MAINTAIN A RECORD FOR EACH PATIENT WHICH ACCURATELY
REFLECTS THE EVALUATION AND TREATMENT OF THE PATIENT, PROVIDED, HOWEVER,
THAT A PHYSICIAN WHO TRANSFERS AN ORIGINAL MAMMOGRAM TO A MEDICAL INSTI-
TUTION, OR TO A PHYSICIAN OR HEALTH CARE PROVIDER OF THE PATIENT, OR TO
THE PATIENT DIRECTLY, AS OTHERWISE PROVIDED BY LAW, SHALL HAVE NO OBLI-
GATION UNDER THIS SECTION TO MAINTAIN THE ORIGINAL OR A COPY THEREOF.
UNLESS OTHERWISE PROVIDED BY LAW, ALL PATIENT RECORDS MUST BE RETAINED
FOR AT LEAST SIX YEARS. OBSTETRICAL RECORDS AND RECORDS OF MINOR
PATIENTS MUST BE RETAINED FOR AT LEAST SIX YEARS, AND UNTIL ONE YEAR
AFTER THE MINOR PATIENT REACHES THE AGE OF EIGHTEEN YEARS;
33. FAILING TO EXERCISE APPROPRIATE SUPERVISION OVER PERSONS WHO ARE
AUTHORIZED TO PRACTICE ONLY UNDER THE SUPERVISION OF THE LICENSEE;
34. GUARANTEEING THAT SATISFACTION OR A CURE WILL RESULT FROM THE
PERFORMANCE OF PROFESSIONAL SERVICES;
35. ORDERING OF EXCESSIVE TESTS, TREATMENT, OR USE OF TREATMENT FACIL-
ITIES NOT WARRANTED BY THE CONDITION OF THE PATIENT;
36. CLAIMING OR USING ANY SECRET OR SPECIAL METHOD OF TREATMENT WHICH
THE LICENSEE REFUSED TO DIVULGE TO THE DEPARTMENT OF HEALTH;
37. FAILING TO WEAR AN IDENTIFYING BADGE, WHICH SHALL BE CONSPICUOUSLY
DISPLAYED AND LEGIBLE, INDICATING THE PRACTITIONER'S NAME AND PROFES-
SIONAL TITLE AUTHORIZED PURSUANT TO THIS CHAPTER, WHILE PRACTICING AS AN
EMPLOYEE OR OPERATOR OF A HOSPITAL, CLINIC, GROUP PRACTICE OR MULTI-PRO-
FESSIONAL FACILITY, OR AT A COMMERCIAL ESTABLISHMENT OFFERING HEALTH
SERVICES TO THE PUBLIC;
38. ENTERING INTO AN ARRANGEMENT OR AGREEMENT WITH A PHARMACY FOR THE
COMPOUNDING AND/OR DISPENSING OF CODED OR SPECIALLY MARKED
PRESCRIPTIONS;
39. WITH RESPECT TO ALL PROFESSIONAL PRACTICES CONDUCTED UNDER AN
ASSUMED NAME, OTHER THAN FACILITIES LICENSED PURSUANT TO ARTICLE TWEN-
TY-EIGHT OF THIS CHAPTER OR ARTICLE THIRTEEN OF THE MENTAL HYGIENE LAW,
FAILING TO POST CONSPICUOUSLY AT THE SITE OF SUCH PRACTICE THE NAME AND
LICENSURE FIELD OF ALL OF THE PRINCIPAL PROFESSIONAL LICENSEES ENGAGED
IN THE PRACTICE AT THAT SITE (I.E., PRINCIPAL PARTNERS, OFFICERS OR
PRINCIPAL SHAREHOLDERS);
40. FAILING TO PROVIDE ACCESS BY QUALIFIED PERSONS TO PATIENT INFORMA-
TION IN ACCORDANCE WITH THE STANDARDS SET FORTH IN SECTION EIGHTEEN OF
S. 4007--A 293 A. 3007--A
THIS CHAPTER, AS ADDED BY CHAPTER FOUR HUNDRED NINETY-SEVEN OF THE LAWS
OF NINETEEN HUNDRED EIGHTY-SIX;
41. KNOWINGLY OR WILLFULLY PERFORMING A COMPLETE OR PARTIAL AUTOPSY ON
A DECEASED PERSON WITHOUT LAWFUL AUTHORITY;
42. FAILING TO COMPLY WITH A SIGNED AGREEMENT TO PRACTICE MEDICINE IN
NEW YORK STATE IN AN AREA DESIGNATED BY THE COMMISSIONER AS HAVING A
SHORTAGE OF PHYSICIANS OR REFUSING TO REPAY MEDICAL EDUCATION COSTS IN
LIEU OF SUCH REQUIRED SERVICE, OR FAILING TO COMPLY WITH ANY PROVISION
OF A WRITTEN AGREEMENT WITH THE STATE OR ANY MUNICIPALITY WITHIN WHICH
THE LICENSEE HAS AGREED TO PROVIDE MEDICAL SERVICE, OR REFUSING TO REPAY
FUNDS IN LIEU OF SUCH SERVICE AS CONSIDERATION OF AWARDS MADE BY THE
STATE OR ANY MUNICIPALITY THEREOF FOR HIS OR HER PROFESSIONAL EDUCATION
IN MEDICINE, OR FAILING TO COMPLY WITH ANY AGREEMENT ENTERED INTO TO AID
HIS OR HER MEDICAL EDUCATION;
43. FAILING TO COMPLETE FORMS OR REPORTS REQUIRED FOR THE REIMBURSE-
MENT OF A PATIENT BY A THIRD PARTY. REASONABLE FEES MAY BE CHARGED FOR
SUCH FORMS OR REPORTS, BUT PRIOR PAYMENT FOR THE PROFESSIONAL SERVICES
TO WHICH SUCH FORMS OR REPORTS RELATE MAY NOT BE REQUIRED AS A CONDITION
FOR MAKING SUCH FORMS OR REPORTS AVAILABLE;
44. IN THE PRACTICE OF PSYCHIATRY:
A. ANY PHYSICAL CONTACT OF A SEXUAL NATURE BETWEEN LICENSEE AND
PATIENT EXCEPT THE USE OF FILMS AND/OR OTHER AUDIOVISUAL AIDS WITH INDI-
VIDUALS OR GROUPS IN THE DEVELOPMENT OF APPROPRIATE RESPONSES TO OVER-
COME SEXUAL DYSFUNCTION; AND
B. IN THERAPY GROUPS, ACTIVITIES WHICH PROMOTE EXPLICIT PHYSICAL SEXU-
AL CONTACT BETWEEN GROUP MEMBERS DURING SESSIONS;
45. IN THE PRACTICE OF OPHTHALMOLOGY, FAILING TO PROVIDE A PATIENT,
UPON REQUEST, WITH THE PATIENT'S PRESCRIPTION INCLUDING THE NAME,
ADDRESS, AND SIGNATURE OF THE PRESCRIBER AND THE DATE OF THE
PRESCRIPTION;
46. A VIOLATION OF SECTION TWO HUNDRED THIRTY-NINE OF THIS CHAPTER BY
A PROFESSIONAL;
47. FAILURE TO USE SCIENTIFICALLY ACCEPTED BARRIER PRECAUTIONS AND
INFECTION CONTROL PRACTICES AS ESTABLISHED BY THE DEPARTMENT OF HEALTH
PURSUANT TO SECTION TWO HUNDRED THIRTY-A OF THIS CHAPTER;
48. A VIOLATION OF SECTION TWO HUNDRED THIRTY-D OF THIS CHAPTER OR THE
REGULATIONS OF THE COMMISSIONER ENACTED THEREUNDER;
49. EXCEPT FOR GOOD CAUSE SHOWN, FAILING TO PROVIDE WITHIN ONE DAY ANY
RELEVANT RECORDS OR OTHER INFORMATION REQUESTED BY THE STATE OR LOCAL
DEPARTMENT OF HEALTH WITH RESPECT TO AN INQUIRY INTO A REPORT OF A
COMMUNICABLE DISEASE AS DEFINED IN THE STATE SANITARY CODE, OR HIV/AIDS;
AND
50. PERFORMING A PELVIC EXAMINATION OR SUPERVISING THE PERFORMANCE OF
A PELVIC EXAMINATION IN VIOLATION OF SUBDIVISION SEVEN OF SECTION TWEN-
TY-FIVE HUNDRED FOUR OF THIS CHAPTER.
§ 6531. ADDITIONAL DEFINITION OF PROFESSIONAL MISCONDUCT, LIMITED
APPLICATION. NOTWITHSTANDING ANY INCONSISTENT PROVISION OF THIS TITLE
OR ANY OTHER PROVISIONS OF LAW TO THE CONTRARY, THE LICENSE OR REGISTRA-
TION OF A PERSON SUBJECT TO THE PROVISIONS OF THIS TITLE AND TITLE FOUR
OF THIS ARTICLE MAY BE REVOKED, SUSPENDED, OR ANNULLED OR SUCH PERSON
MAY BE SUBJECT TO ANY OTHER PENALTY PROVIDED IN SECTION TWO HUNDRED
THIRTY-A OF THIS CHAPTER IN ACCORDANCE WITH THE PROVISIONS AND PROCE-
DURES OF THIS TITLE FOR THE FOLLOWING:
THAT ANY PERSON SUBJECT TO SECTION SIXTY-FIVE HUNDRED THIRTY OF THIS
TITLE THAT HAS DIRECTLY OR INDIRECTLY REQUESTED, RECEIVED OR PARTIC-
IPATED IN THE DIVISION, TRANSFERENCE, ASSIGNMENT, REBATE, SPLITTING, OR
S. 4007--A 294 A. 3007--A
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, INCLUDING 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 EQUIP-
MENT, 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 TREAT-
MENT UNDER THIS CHAPTER, EXCEPT PAYMENT, NOT TO EXCEED THIRTY-THREE AND
ONE-THIRD PERCENT OF ANY FEE RECEIVED FOR X-RAY EXAMINATION, DIAGNOSIS,
OR TREATMENT, TO ANY HOSPITAL FURNISHING FACILITIES FOR SUCH EXAMINA-
TION, DIAGNOSIS, 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 CORPO-
RATION, NOR FROM POOLING FEES AND MONEYS RECEIVED, EITHER BY THE PART-
NERSHIPS, PROFESSIONAL CORPORATIONS, OR UNIVERSITY FACULTY PRACTICE
CORPORATIONS OR GROUPS BY THE INDIVIDUAL MEMBERS THEREOF, FOR PROFES-
SIONAL SERVICES FURNISHED BY AN INDIVIDUAL PROFESSIONAL MEMBER, OR
EMPLOYEE OF SUCH PARTNERSHIP, CORPORATION, OR GROUP, NOR SHALL THE
PROFESSIONALS CONSTITUTING THE PARTNERSHIPS, 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 ACCORD-
ANCE WITH A PARTNERSHIP OR OTHER AGREEMENT; PROVIDED THAT NO SUCH PRAC-
TICE 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. NOTH-
ING 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 PROPOR-
TION TO THE SERVICES RENDERED BY EACH SUCH PROFESSIONAL AT THE REQUEST
OF THE SUBSCRIBER, PROVIDED THAT PRIOR TO PAYMENT THEREOF SUCH PROFES-
SIONALS SHALL SUBMIT BOTH TO THE CORPORATION LICENSED PURSUANT TO ARTI-
CLE FORTY-THREE OF THE INSURANCE LAW AND TO THE SUBSCRIBER STATEMENTS
ITEMIZING THE SERVICES RENDERED BY EACH SUCH PROFESSIONAL AND THE CHARG-
ES THEREFOR.
§ 6531-A. ADDITIONAL DEFINITION OF PROFESSIONAL MISCONDUCT; MENTAL
HEALTH PROFESSIONALS.
1. DEFINITIONS. FOR THE PURPOSES OF THIS SECTION:
A. "MENTAL HEALTH PROFESSIONAL" MEANS A PERSON SUBJECT TO THE
PROVISIONS OF TITLE TWO OF THIS ARTICLE.
B. "SEXUAL ORIENTATION CHANGE EFFORTS" (I) MEANS ANY PRACTICE BY A
MENTAL HEALTH PROFESSIONAL THAT SEEKS TO CHANGE AN INDIVIDUAL'S SEXUAL
ORIENTATION, INCLUDING, BUT NOT LIMITED TO, EFFORTS TO CHANGE BEHAVIORS,
GENDER IDENTITY, OR GENDER EXPRESSIONS, OR TO ELIMINATE OR REDUCE SEXUAL
OR ROMANTIC ATTRACTIONS OR FEELINGS TOWARDS INDIVIDUALS OF THE SAME SEX;
AND (II) SHALL NOT INCLUDE COUNSELING FOR A PERSON SEEKING TO TRANSITION
FROM ONE GENDER TO ANOTHER, OR PSYCHOTHERAPIES THAT: (A) PROVIDE ACCEPT-
ANCE, SUPPORT AND UNDERSTANDING OF PATIENTS OR THE FACILITATION OF
PATIENTS' COPING, SOCIAL SUPPORT, AND IDENTITY EXPLORATION AND DEVELOP-
MENT, INCLUDING SEXUAL ORIENTATION-NEUTRAL INTERVENTIONS TO PREVENT OR
S. 4007--A 295 A. 3007--A
ADDRESS UNLAWFUL CONDUCT OR UNSAFE SEXUAL PRACTICES; AND (B) DO NOT SEEK
TO CHANGE SEXUAL ORIENTATION.
2. IT SHALL BE PROFESSIONAL MISCONDUCT FOR A MENTAL HEALTH PROFES-
SIONAL TO ENGAGE IN SEXUAL ORIENTATION CHANGE EFFORTS UPON ANY PATIENT
UNDER THE AGE OF EIGHTEEN YEARS, AND ANY MENTAL HEALTH PROFESSIONAL
FOUND GUILTY OF SUCH MISCONDUCT UNDER THE PROCEDURES PRESCRIBED IN TITLE
TWO-A OF ARTICLE TWO OF THIS CHAPTER SHALL BE SUBJECT TO THE PENALTIES
PRESCRIBED IN SECTION TWO HUNDRED THIRTY-A OF THIS CHAPTER, AS ADDED BY
CHAPTER SIX HUNDRED SIX OF THE LAWS OF NINETEEN HUNDRED NINETY-ONE.
§ 6532. ENFORCEMENT, ADMINISTRATION AND INTERPRETATION OF THIS TITLE.
THE BOARD OF PROFESSIONAL MEDICAL CONDUCT AND THE DEPARTMENT SHALL
ENFORCE, ADMINISTER AND INTERPRET THIS TITLE. THE COMMISSIONER MAY NOT
PROMULGATE ANY RULES OR REGULATIONS CONCERNING THIS TITLE.
TITLE 4
PHYSICIAN ASSISTANTS
SECTION 6540. DEFINITIONS.
6541. REQUIREMENTS FOR LICENSE.
6542. PERFORMANCE OF MEDICAL SERVICES.
6543. CONSTRUCTION.
6544. REGULATIONS.
6545. EMERGENCY SERVICES RENDERED BY PHYSICIAN ASSISTANT.
6546. LIMITED PERMITS.
§ 6540. DEFINITIONS. AS USED IN THIS TITLE: 1. THE TERM "PHYSICIAN
ASSISTANT" MEANS A PERSON WHO IS LICENSED AS A PHYSICIAN ASSISTANT
PURSUANT TO THIS TITLE.
2. THE TERM "PHYSICIAN" MEANS A PRACTITIONER OF MEDICINE LICENSED TO
PRACTICE MEDICINE PURSUANT TO TITLE TWO OF THIS ARTICLE.
3. THE TERM "APPROVED PROGRAM" MEANS A PROGRAM FOR THE EDUCATION OF
PHYSICIAN ASSISTANTS WHICH HAS BEEN FORMERLY APPROVED BY THE DEPARTMENT.
4. THE TERM "HOSPITAL" MEANS AN INSTITUTION OR FACILITY POSSESSING A
VALID OPERATING CERTIFICATE ISSUED PURSUANT TO ARTICLE TWENTY-EIGHT OF
THIS CHAPTER AND AUTHORIZED TO EMPLOY PHYSICIAN ASSISTANTS IN ACCORDANCE
WITH RULES AND REGULATIONS OF THE DEPARTMENT AND HEALTH PLANNING COUN-
CIL.
§ 6541. REQUIREMENTS FOR LICENSE. 1. TO QUALIFY FOR A LICENSE AS A
PHYSICIAN ASSISTANT, EACH PERSON SHALL PAY A FEE OF ONE HUNDRED FIFTEEN
DOLLARS TO THE DEPARTMENT FOR ADMISSION TO A DEPARTMENT CONDUCTED EXAM-
INATION, A FEE OF FORTY-FIVE DOLLARS FOR EACH REEXAMINATION AND A FEE OF
SEVENTY DOLLARS FOR PERSONS NOT REQUIRING ADMISSION TO A DEPARTMENT
CONDUCTED EXAMINATION AND SHALL ALSO SUBMIT SATISFACTORY EVIDENCE, VERI-
FIED BY OATH OR AFFIRMATION, THAT HE OR SHE:
A. AT THE TIME OF APPLICATION IS AT LEAST TWENTY-ONE YEARS OF AGE;
B. IS OF GOOD MORAL CHARACTER;
C. HAS RECEIVED AN EDUCATION INCLUDING A BACHELOR'S OR EQUIVALENT
DEGREE IN ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS;
D. HAS SATISFACTORILY COMPLETED AN APPROVED PROGRAM FOR THE TRAINING
OF PHYSICIAN ASSISTANTS. THE APPROVED PROGRAM FOR THE TRAINING OF PHYSI-
CIAN ASSISTANTS SHALL INCLUDE NOT LESS THAN FORTY WEEKS OF SUPERVISED
CLINICAL TRAINING AND THIRTY-TWO CREDIT HOURS OF CLASSROOM WORK. APPLI-
CANTS FOR A LICENSE AS A PHYSICIAN ASSISTANT WHO HAVE COMPLETED AN
APPROVED PROGRAM LEADING TO A BACHELOR'S DEGREE OR EQUIVALENT IN PHYSI-
CIAN ASSISTANT STUDIES SHALL BE DEEMED TO HAVE SATISFIED THIS PARAGRAPH.
THE COMMISSIONER IS EMPOWERED TO DETERMINE WHETHER AN APPLICANT
POSSESSES EQUIVALENT EDUCATION AND TRAINING, SUCH AS EXPERIENCE AS A
S. 4007--A 296 A. 3007--A
NURSE OR MILITARY CORPSMAN, WHICH MAY BE ACCEPTED IN LIEU OF ALL OR PART
OF AN APPROVED PROGRAM; AND
E. IN THE CASE OF AN APPLICANT FOR A LICENSE AS A PHYSICIAN ASSISTANT,
HAS OBTAINED A PASSING SCORE ON AN EXAMINATION ACCEPTABLE TO THE DEPART-
MENT.
2. THE DEPARTMENT SHALL FURNISH TO EACH PERSON APPLYING FOR A LICENSE
PURSUANT TO THIS SECTION AN APPLICATION FORM CALLING FOR SUCH INFORMA-
TION AS THE DEPARTMENT DEEMS NECESSARY AND SHALL ISSUE TO EACH APPLICANT
WHO SATISFIES THE REQUIREMENTS OF SUBDIVISION ONE OF THIS SECTION A
LICENSE AS A PHYSICIAN ASSISTANT IN A PARTICULAR MEDICAL SPECIALTY FOR
THE PERIOD EXPIRING DECEMBER THIRTY-FIRST OF THE FIRST ODD-NUMBERED YEAR
TERMINATING SUBSEQUENT TO THE ISSUANCE OF SUCH LICENSE.
3. EVERY LICENSEE SHALL APPLY TO THE DEPARTMENT FOR A RENEWAL OF HIS
OR HER LICENSE. THE DEPARTMENT SHALL MAIL TO EVERY LICENSED PHYSICIAN
ASSISTANT AN APPLICATION FORM FOR RENEWAL, ADDRESSED TO THE LICENSEE'S
POST OFFICE ADDRESS ON FILE WITH THE DEPARTMENT. UPON RECEIPT OF SUCH
APPLICATION PROPERLY EXECUTED, TOGETHER WITH EVIDENCE OF SATISFACTORY
COMPLETION OF SUCH CONTINUING EDUCATION REQUIREMENTS AS MAY BE ESTAB-
LISHED BY THE COMMISSIONER PURSUANT TO SECTION THIRTY-SEVEN HUNDRED ONE
OF THIS CHAPTER, THE DEPARTMENT SHALL ISSUE A RENEWAL. RENEWAL PERIODS
SHALL BE TRIENNIAL AND THE RENEWAL FEE SHALL BE FORTY-FIVE DOLLARS.
§ 6542. PERFORMANCE OF MEDICAL SERVICES. 1. NOTWITHSTANDING ANY OTHER
PROVISION OF LAW, A PHYSICIAN ASSISTANT MAY PERFORM MEDICAL SERVICES,
BUT ONLY WHEN UNDER THE SUPERVISION OF A PHYSICIAN AND ONLY WHEN SUCH
ACTS AND DUTIES AS ARE ASSIGNED TO HIM OR HER ARE WITHIN THE SCOPE OF
PRACTICE OF SUCH SUPERVISING PHYSICIAN.
2. SUPERVISION SHALL BE CONTINUOUS BUT SHALL NOT BE CONSTRUED AS
NECESSARILY REQUIRING THE PHYSICAL PRESENCE OF THE SUPERVISING PHYSICIAN
AT THE TIME AND PLACE WHERE SUCH SERVICES ARE PERFORMED.
3. NO PHYSICIAN SHALL EMPLOY OR SUPERVISE MORE THAN FOUR PHYSICIAN
ASSISTANTS IN HIS OR HER PRIVATE PRACTICE.
4. NOTHING IN THIS TITLE SHALL PROHIBIT A HOSPITAL FROM EMPLOYING
PHYSICIAN ASSISTANTS PROVIDED THEY WORK UNDER THE SUPERVISION OF A
PHYSICIAN DESIGNATED BY THE HOSPITAL AND NOT BEYOND THE SCOPE OF PRAC-
TICE OF SUCH PHYSICIAN. THE NUMERICAL LIMITATION OF SUBDIVISION THREE OF
THIS SECTION SHALL NOT APPLY TO SERVICES PERFORMED IN A HOSPITAL.
5. NOTWITHSTANDING ANY OTHER PROVISION OF THIS TITLE, NOTHING SHALL
PROHIBIT A PHYSICIAN EMPLOYED BY OR RENDERING SERVICES TO THE DEPARTMENT
OF CORRECTIONS AND COMMUNITY SUPERVISION UNDER CONTRACT FROM SUPERVISING
NO MORE THAN SIX PHYSICIAN ASSISTANTS IN HIS OR HER PRACTICE FOR THE
DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION.
6. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, A TRAINEE IN AN
APPROVED PROGRAM MAY PERFORM MEDICAL SERVICES WHEN SUCH SERVICES ARE
PERFORMED WITHIN THE SCOPE OF SUCH PROGRAM.
7. NOTHING IN THIS TITLE OR IN ARTICLE THIRTY-SEVEN OF THIS CHAPTER
SHALL BE CONSTRUED TO AUTHORIZE PHYSICIAN ASSISTANTS TO PERFORM THOSE
SPECIFIC FUNCTIONS AND DUTIES SPECIFICALLY DELEGATED BY LAW TO THOSE
PERSONS LICENSED AS ALLIED HEALTH PROFESSIONALS UNDER THIS CHAPTER.
§ 6543. CONSTRUCTION. ONLY A PERSON LICENSED AS A PHYSICIAN ASSISTANT
BY THE DEPARTMENT MAY USE THE TITLE "PHYSICIAN ASSISTANT" OR THE LETTERS
"P.A." AFTER HIS OR HER NAME.
§ 6544. REGULATIONS. THE COMMISSIONER MAY PROMULGATE SUCH OTHER REGU-
LATIONS AS ARE NECESSARY TO CARRY OUT THE PURPOSES OF THIS TITLE.
§ 6545. EMERGENCY SERVICES RENDERED BY PHYSICIAN ASSISTANT. NOTWITH-
STANDING ANY INCONSISTENT PROVISION OF ANY GENERAL, SPECIAL OR LOCAL
LAW, ANY PHYSICIAN ASSISTANT PROPERLY LICENSED IN THIS STATE WHO VOLUN-
S. 4007--A 297 A. 3007--A
TARILY AND WITHOUT THE EXPECTATION OF MONETARY COMPENSATION RENDERS
FIRST AID OR EMERGENCY TREATMENT AT THE SCENE OF AN ACCIDENT OR OTHER
EMERGENCY, OUTSIDE A HOSPITAL, DOCTOR'S OFFICE OR ANY OTHER PLACE HAVING
PROPER AND NECESSARY MEDICAL EQUIPMENT, TO A PERSON WHO IS UNCONSCIOUS,
ILL OR INJURED, SHALL NOT BE LIABLE FOR DAMAGES FOR INJURIES ALLEGED TO
HAVE BEEN SUSTAINED BY SUCH PERSON OR FOR DAMAGES FOR THE DEATH OF SUCH
PERSON ALLEGED TO HAVE OCCURRED BY REASON OF AN ACT OR OMISSION IN THE
RENDERING OF SUCH FIRST AID OR EMERGENCY TREATMENT UNLESS IT IS ESTAB-
LISHED THAT SUCH INJURIES WERE OR SUCH DEATH WAS CAUSED BY GROSS NEGLI-
GENCE ON THE PART OF SUCH PHYSICIAN ASSISTANT. NOTHING IN THIS SECTION
SHALL BE DEEMED OR CONSTRUED TO RELIEVE A LICENSED PHYSICIAN ASSISTANT
FROM LIABILITY FOR DAMAGES FOR INJURIES OR DEATH CAUSED BY AN ACT OR
OMISSION ON THE PART OF A PHYSICIAN ASSISTANT WHILE RENDERING PROFES-
SIONAL SERVICES IN THE NORMAL AND ORDINARY COURSE OF HIS OR HER PRAC-
TICE.
§ 6546. LIMITED PERMITS. PERMITS LIMITED AS TO ELIGIBILITY, PRACTICE
AND DURATION, SHALL BE ISSUED BY THE DEPARTMENT TO ELIGIBLE APPLICANTS,
AS FOLLOWS:
1. ELIGIBILITY. A PERSON WHO FULFILLS ALL REQUIREMENTS TO BE LICENSED
AS A PHYSICIAN ASSISTANT EXCEPT THAT RELATING TO THE EXAMINATION SHALL
BE ELIGIBLE FOR A LIMITED PERMIT.
2. LIMIT OF PRACTICE. A PERMITTEE SHALL BE AUTHORIZED TO PRACTICE AS A
PHYSICIAN ASSISTANT ONLY UNDER THE DIRECT SUPERVISION OF A PHYSICIAN.
3. DURATION. A LIMITED PERMIT SHALL EXPIRE ONE YEAR FROM THE DATE OF
ISSUANCE OR UPON NOTICE TO THE PERMITTEE BY THE DEPARTMENT THAT THE
APPLICATION FOR A LICENSE HAS BEEN DENIED. A LIMITED PERMIT SHALL BE
EXTENDED UPON APPLICATION FOR ONE ADDITIONAL YEAR, PROVIDED THAT THE
PERMITTEE'S REQUEST FOR SUCH EXTENSION IS ENDORSED BY A PHYSICIAN WHO
EITHER HAS SUPERVISED OR WILL SUPERVISE THE PERMITTEE, EXCEPT THAT SUCH
EXTENSION MAY BE DENIED BY THE DEPARTMENT FOR CAUSE WHICH SHALL BE STAT-
ED IN WRITING. IF THE PERMITTEE IS AWAITING THE RESULTS OF A LICENSING
EXAMINATION AT THE TIME SUCH LIMITED PERMIT EXPIRES, SUCH PERMIT SHALL
CONTINUE TO BE VALID UNTIL TEN DAYS AFTER NOTIFICATION TO THE PERMITTEE
OF THE RESULT OF SUCH EXAMINATION.
4. FEES. THE FEE FOR EACH LIMITED PERMIT SHALL BE ONE HUNDRED FIVE
DOLLARS.
TITLE 5
SPECIALIST ASSISTANTS
SECTION 6547. DEFINITIONS.
6548. REGISTRATION.
6549. PERFORMANCE OF MEDICAL SERVICES.
6549-A. CONSTRUCTION.
6549-B. REGULATIONS.
§ 6547. DEFINITIONS. AS USED IN THIS TITLE:
1. THE TERM "SPECIALIST ASSISTANT" MEANS A PERSON WHO IS REGISTERED
PURSUANT TO THIS TITLE AS A SPECIALIST ASSISTANT FOR A PARTICULAR
MEDICAL SPECIALTY AS DEFINED BY REGULATIONS PROMULGATED BY THE COMMIS-
SIONER OF HEALTH PURSUANT TO SECTION THIRTY-SEVEN HUNDRED ELEVEN OF THIS
CHAPTER.
2. THE TERM "PHYSICIAN" MEANS A PRACTITIONER OF MEDICINE LICENSED TO
PRACTICE MEDICINE PURSUANT TO TITLE TWO OF THIS ARTICLE.
3. THE TERM "APPROVED PROGRAM" MEANS A PROGRAM FOR THE EDUCATION OF
SPECIALIST ASSISTANTS WHICH HAS BEEN APPROVED BY THE DEPARTMENT.
4. THE TERM "HOSPITAL" MEANS AN INSTITUTION OR FACILITY POSSESSING A
VALID OPERATING CERTIFICATE ISSUED PURSUANT TO ARTICLE TWENTY-EIGHT OF
S. 4007--A 298 A. 3007--A
THIS CHAPTER AND AUTHORIZED TO EMPLOY SPECIALIST ASSISTANTS IN ACCORD-
ANCE WITH RULES AND REGULATIONS OF THE DEPARTMENT AND THE HEALTH PLAN-
NING COUNCIL.
§ 6548. REGISTRATION. 1. TO QUALIFY FOR REGISTRATION AS A SPECIALIST
ASSISTANT, EACH PERSON SHALL PAY A FEE OF ONE HUNDRED FIFTEEN DOLLARS TO
THE DEPARTMENT FOR ADMISSION TO A DEPARTMENT CONDUCTED EXAMINATION, A
FEE OF FORTY-FIVE DOLLARS FOR EACH REEXAMINATION AND A FEE OF SEVENTY
DOLLARS FOR PERSONS NOT REQUIRING ADMISSION TO A DEPARTMENT CONDUCTED
EXAMINATION AND SHALL ALSO SUBMIT SATISFACTORY EVIDENCE, VERIFIED BY
OATH OR AFFIRMATION, THAT HE OR SHE:
A. AT THE TIME OF APPLICATION IS AT LEAST TWENTY-ONE YEARS OF AGE;
B. IS OF GOOD MORAL CHARACTER;
C. HAS SUCCESSFULLY COMPLETED A FOUR-YEAR COURSE OF STUDY IN A SECOND-
ARY SCHOOL APPROVED BY THE DEPARTMENT OR HAS PASSED AN EQUIVALENCY TEST;
AND
D. HAS SATISFACTORILY COMPLETED AN APPROVED PROGRAM FOR THE TRAINING
OF SPECIALIST ASSISTANTS.
2. THE DEPARTMENT SHALL FURNISH TO EACH PERSON APPLYING FOR REGISTRA-
TION HEREUNDER AN APPLICATION FORM CALLING FOR SUCH INFORMATION AS THE
DEPARTMENT DEEMS NECESSARY AND SHALL ISSUE TO EACH APPLICANT WHO SATIS-
FIES THE REQUIREMENTS OF SUBDIVISION ONE OF THIS SECTION A CERTIFICATE
OF REGISTRATION AS SPECIALIST ASSISTANT IN A PARTICULAR MEDICAL SPECIAL-
TY FOR THE PERIOD EXPIRING DECEMBER THIRTY-FIRST OF THE FIRST ODD-NUM-
BERED YEAR TERMINATING SUBSEQUENT TO SUCH REGISTRATION.
3. EVERY REGISTRANT SHALL APPLY TO THE DEPARTMENT FOR A CERTIFICATE OF
REGISTRATION. THE DEPARTMENT SHALL MAIL TO EVERY REGISTERED SPECIALIST
ASSISTANT AN APPLICATION FORM FOR REGISTRATION, ADDRESSED TO THE REGIS-
TRANT'S POST OFFICE ADDRESS ON FILE WITH THE DEPARTMENT. UPON RECEIPT OF
SUCH APPLICATION PROPERLY EXECUTED, TOGETHER WITH EVIDENCE OF SATISFAC-
TORY COMPLETION OF SUCH CONTINUING EDUCATION REQUIREMENTS AS MAY BE
ESTABLISHED BY THE COMMISSIONER PURSUANT TO SECTION THIRTY-SEVEN HUNDRED
ELEVEN OF THIS CHAPTER, THE DEPARTMENT SHALL ISSUE A CERTIFICATE OF
REGISTRATION. REGISTRATION PERIODS SHALL BE TRIENNIAL AND THE REGISTRA-
TION FEE SHALL BE FORTY-FIVE DOLLARS.
§ 6549. PERFORMANCE OF MEDICAL SERVICES. 1. NOTWITHSTANDING ANY OTHER
PROVISION OF LAW, A SPECIALIST ASSISTANT MAY PERFORM MEDICAL SERVICES,
BUT ONLY WHEN UNDER THE SUPERVISION OF A PHYSICIAN AND ONLY WHEN SUCH
ACTS AND DUTIES AS ARE ASSIGNED TO HIM OR HER ARE RELATED TO THE DESIG-
NATED MEDICAL SPECIALTY FOR WHICH HE OR SHE IS REGISTERED AND ARE WITHIN
THE SCOPE OF PRACTICE OF HIS OR HER SUPERVISING PHYSICIAN.
2. SUPERVISION SHALL BE CONTINUOUS BUT SHALL NOT BE CONSTRUED AS
NECESSARILY REQUIRING THE PHYSICAL PRESENCE OF THE SUPERVISING PHYSICIAN
AT THE TIME AND PLACE WHERE SUCH SERVICES ARE PERFORMED.
3. NO PHYSICIAN SHALL EMPLOY OR SUPERVISE MORE THAN TWO SPECIALIST
ASSISTANTS IN HIS OR HER PRIVATE PRACTICE.
4. NOTHING IN THIS TITLE SHALL PROHIBIT A HOSPITAL FROM EMPLOYING
SPECIALIST ASSISTANTS PROVIDED THEY WORK UNDER THE SUPERVISION OF A
PHYSICIAN DESIGNATED BY THE HOSPITAL AND NOT BEYOND THE SCOPE OF PRAC-
TICE OF SUCH PHYSICIAN. THE NUMERICAL LIMITATION OF SUBDIVISION THREE OF
THIS SECTION SHALL NOT APPLY TO SERVICES PERFORMED IN A HOSPITAL.
5. NOTWITHSTANDING ANY OTHER PROVISION OF THIS TITLE, NOTHING SHALL
PROHIBIT A PHYSICIAN EMPLOYED BY OR RENDERING SERVICES TO THE DEPARTMENT
OF CORRECTIONAL SERVICES UNDER CONTRACT FROM SUPERVISING NO MORE THAN
FOUR SPECIALIST ASSISTANTS IN HIS OR HER PRACTICE FOR THE DEPARTMENT OF
CORRECTIONS AND COMMUNITY SUPERVISION.
S. 4007--A 299 A. 3007--A
6. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, A TRAINEE IN AN
APPROVED PROGRAM MAY PERFORM MEDICAL SERVICES WHEN SUCH SERVICES ARE
PERFORMED WITHIN THE SCOPE OF SUCH PROGRAM.
7. NOTHING IN THIS TITLE OR IN ARTICLE THIRTY-SEVEN-A OF THIS CHAPTER,
SHALL BE CONSTRUED TO AUTHORIZE SPECIALIST ASSISTANTS TO PERFORM THOSE
SPECIFIC FUNCTIONS AND DUTIES SPECIFICALLY DELEGATED BY LAW TO THOSE
PERSONS LICENSED AS ALLIED HEALTH PROFESSIONALS UNDER THIS CHAPTER.
§ 6549-A. CONSTRUCTION. ONLY A PERSON REGISTERED AS A SPECIALIST
ASSISTANT BY THE DEPARTMENT MAY USE THE TITLE "REGISTERED SPECIALIST
ASSISTANT" OR THE LETTERS "R.S.A." AFTER HIS OR HER NAME.
§ 6549-B. REGULATIONS. THE COMMISSIONER MAY PROMULGATE SUCH OTHER
REGULATIONS AS ARE NECESSARY TO CARRY OUT THE PURPOSES OF THIS TITLE.
TITLE 6
CHIROPRACTIC
SECTION 6550. INTRODUCTION.
6551. DEFINITION OF PRACTICE OF CHIROPRACTIC.
6552. PRACTICE OF CHIROPRACTIC AND USE OF TITLE "CHIROPRAC-
TOR".
6553. STATE BOARD FOR CHIROPRACTIC.
6554. REQUIREMENTS FOR A PROFESSIONAL LICENSE.
6554-A. MANDATORY CONTINUING EDUCATION FOR CHIROPRACTORS.
6555. EXEMPT PERSONS.
6556. SPECIAL PROVISIONS.
§ 6550. INTRODUCTION. THIS TITLE APPLIES TO THE PROFESSION OF CHIROP-
RACTIC. THE GENERAL PROVISIONS FOR ALL PROFESSIONS CONTAINED IN TITLE
ONE OF THIS ARTICLE APPLY TO THIS TITLE.
§ 6551. DEFINITION OF PRACTICE OF CHIROPRACTIC. 1. THE PRACTICE OF THE
PROFESSION OF CHIROPRACTIC IS DEFINED AS DETECTING AND CORRECTING BY
MANUAL OR MECHANICAL MEANS STRUCTURAL IMBALANCE, DISTORTION, OR SUBLUXA-
TIONS IN THE HUMAN BODY FOR THE PURPOSE OF REMOVING NERVE INTERFERENCE
AND THE EFFECTS THEREOF, WHERE SUCH INTERFERENCE IS THE RESULT OF OR
RELATED TO DISTORTION, MISALIGNMENT OR SUBLUXATION OF OR IN THE VERTE-
BRAL COLUMN.
2. A. A LICENSE TO PRACTICE AS A CHIROPRACTOR SHALL NOT PERMIT THE
HOLDER THEREOF TO USE RADIO-THERAPY, FLUOROSCOPY, OR ANY FORM OF IONIZ-
ING RADIATION EXCEPT X-RAY WHICH SHALL BE USED FOR THE DETECTION OF
STRUCTURAL IMBALANCE, DISTORTION, OR SUBLUXATIONS IN THE HUMAN BODY.
B. THE REQUIREMENTS AND LIMITATIONS WITH RESPECT TO THE USE OF X-RAY
BY CHIROPRACTORS SHALL BE ENFORCED BY THE COMMISSIONER AND HE OR SHE IS
AUTHORIZED TO PROMULGATE RULES AND REGULATIONS AFTER CONFERRING WITH THE
BOARD TO CARRY OUT THE PURPOSES OF THIS SUBDIVISION.
C. CHIROPRACTORS SHALL RETAIN, FOR A PERIOD OF THREE YEARS, ALL X-RAY
FILMS TAKEN IN THE COURSE OF THEIR PRACTICE, TOGETHER WITH THE RECORDS
PERTAINING THERETO, AND SHALL MAKE SUCH FILMS AND RECORDS AVAILABLE TO
THE COMMISSIONER OR HIS OR HER REPRESENTATIVE ON DEMAND.
3. A LICENSE TO PRACTICE CHIROPRACTIC SHALL NOT PERMIT THE HOLDER
THEREOF TO TREAT FOR ANY INFECTIOUS DISEASES SUCH AS PNEUMONIA, ANY
COMMUNICABLE DISEASES LISTED IN THE SANITARY CODE OF THE STATE OF NEW
YORK, ANY OF THE CARDIO-VASCULAR-RENAL OR CARDIO-PULMONARY DISEASES, ANY
SURGICAL CONDITION OF THE ABDOMEN SUCH AS ACUTE APPENDICITIS, OR
DIABETES, OR ANY BENIGN OR MALIGNANT NEOPLASMS; TO OPERATE; TO REDUCE
FRACTURES OR DISLOCATIONS; TO PRESCRIBE, ADMINISTER, DISPENSE OR USE IN
HIS OR HER PRACTICE DRUGS OR MEDICINES; OR TO USE DIAGNOSTIC OR THERA-
PEUTIC METHODS INVOLVING CHEMICAL OR BIOLOGICAL MEANS EXCEPT DIAGNOSTIC
S. 4007--A 300 A. 3007--A
SERVICES PERFORMED BY CLINICAL LABORATORIES WHICH SERVICES SHALL BE
APPROVED BY THE BOARD AS APPROPRIATE TO THE PRACTICE OF CHIROPRACTIC; OR
TO UTILIZE ELECTRICAL DEVICES EXCEPT THOSE DEVICES APPROVED BY THE BOARD
AS BEING APPROPRIATE TO THE PRACTICE OF CHIROPRACTIC. NOTHING HEREIN
SHALL BE CONSTRUED TO PROHIBIT A LICENSED CHIROPRACTOR WHO HAS SUCCESS-
FULLY COMPLETED A REGISTERED DOCTORAL PROGRAM IN CHIROPRACTIC, WHICH
CONTAINS COURSES OF STUDY IN NUTRITION SATISFACTORY TO THE DEPARTMENT,
FROM USING NUTRITIONAL COUNSELING, INCLUDING THE DISPENSING OF FOOD
CONCENTRATES, FOOD EXTRACTS, VITAMINS, MINERALS, AND OTHER NUTRITIONAL
SUPPLEMENTS APPROVED BY THE BOARD AS BEING APPROPRIATE TO, AND AS A PART
OF, HIS OR HER PRACTICE OF CHIROPRACTIC. NOTHING HEREIN SHALL BE
CONSTRUED TO PROHIBIT AN INDIVIDUAL WHO IS NOT SUBJECT TO REGULATION IN
THIS STATE AS A LICENSED CHIROPRACTOR FROM ENGAGING IN NUTRITIONAL COUN-
SELING.
§ 6552. PRACTICE OF CHIROPRACTIC AND USE OF TITLE "CHIROPRACTOR".
ONLY A PERSON LICENSED OR EXEMPT UNDER THIS TITLE SHALL PRACTICE CHIROP-
RACTIC OR USE THE TITLE "CHIROPRACTOR".
§ 6553. STATE BOARD FOR CHIROPRACTIC. A STATE BOARD FOR CHIROPRACTIC
SHALL BE APPOINTED BY THE DEPARTMENT ON RECOMMENDATION OF THE COMMIS-
SIONER FOR THE PURPOSE OF ASSISTING THE DEPARTMENT ON MATTERS OF PROFES-
SIONAL LICENSING AND PROFESSIONAL CONDUCT IN ACCORDANCE WITH SECTION
SIXTY-FIVE HUNDRED EIGHT OF THIS ARTICLE. THE BOARD SHALL BE COMPOSED OF
NOT LESS THAN SEVEN MEMBERS, INCLUDING AT LEAST FOUR LICENSED CHIROPRAC-
TORS, ONE LICENSED PHYSICIAN WHO IS A DOCTOR OF MEDICINE, ONE LICENSED
PHYSICIAN WHO IS A DOCTOR OF OSTEOPATHY, AND ONE EDUCATOR WHO HOLDS A
DOCTORATE OR EQUIVALENT DEGREE IN EITHER ANATOMY, PHYSIOLOGY, PATHOLOGY,
CHEMISTRY OR MICROBIOLOGY. AN EXECUTIVE SECRETARY TO THE BOARD SHALL BE
APPOINTED BY THE DEPARTMENT ON RECOMMENDATION OF THE COMMISSIONER.
§ 6554. REQUIREMENTS FOR A PROFESSIONAL LICENSE. TO QUALIFY FOR A
LICENSE AS A CHIROPRACTOR, AN APPLICANT SHALL FULFILL THE FOLLOWING
REQUIREMENTS:
1. APPLICATION: FILE AN APPLICATION WITH THE DEPARTMENT;
2. EDUCATION: HAVE RECEIVED AN EDUCATION, INCLUDING TWO YEARS OF
PREPROFESSIONAL COLLEGE STUDY AND COMPLETION OF A FOUR-YEAR RESIDENT
PROGRAM IN CHIROPRACTIC, IN ACCORDANCE WITH THE COMMISSIONER'S REGU-
LATIONS;
3. EXPERIENCE: HAVE EXPERIENCE SATISFACTORY TO THE BOARD AND IN
ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS;
4. EXAMINATION: PASS EXAMINATIONS SATISFACTORY TO THE BOARD AND IN
ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS, IN CLINICAL CHIROPRACTIC
ANALYSIS, THE PRACTICE OF CHIROPRACTIC, X-RAY AS IT RELATES TO CHIROP-
RACTIC ANALYSIS, AND EXAMINATIONS SATISFACTORY TO THE DEPARTMENT IN
ANATOMY, PHYSIOLOGY, PATHOLOGY, CHEMISTRY, MICROBIOLOGY, DIAGNOSIS, AND
THE USE AND EFFECT OF X-RAY;
5. AGE: BE AT LEAST TWENTY-ONE YEARS OF AGE;
6. CITIZENSHIP OR IMMIGRATION STATUS: BE A UNITED STATES CITIZEN OR AN
ALIEN LAWFULLY ADMITTED FOR PERMANENT RESIDENCE IN THE UNITED STATES;
7. CHARACTER: BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE DEPART-
MENT; AND
8. FEES: PAY A FEE OF ONE HUNDRED SEVENTY-FIVE DOLLARS TO THE DEPART-
MENT FOR ADMISSION TO A DEPARTMENT CONDUCTED EXAMINATION AND FOR AN
INITIAL LICENSE, A FEE OF EIGHTY-FIVE DOLLARS FOR EACH REEXAMINATION, A
FEE OF ONE HUNDRED FIFTEEN DOLLARS FOR AN INITIAL LICENSE FOR PERSONS
NOT REQUIRING ADMISSION TO A DEPARTMENT CONDUCTED EXAMINATION, AND A FEE
OF ONE HUNDRED FIFTY-FIVE DOLLARS FOR EACH TRIENNIAL REGISTRATION PERI-
OD.
S. 4007--A 301 A. 3007--A
§ 6554-A. MANDATORY CONTINUING EDUCATION FOR CHIROPRACTORS. 1. A. EACH
CHIROPRACTOR LICENSED PURSUANT TO THIS TITLE, REQUIRED TO REGISTER
TRIENNIALLY WITH THE DEPARTMENT TO PRACTICE IN THIS STATE, SHALL COMPLY
WITH THE PROVISIONS OF THE MANDATORY CONTINUING EDUCATION REQUIREMENTS,
EXCEPT AS SET FORTH IN PARAGRAPHS B AND C OF THIS SUBDIVISION. CHIRO-
PRACTORS WHO DO NOT SATISFY THE MANDATORY CONTINUING EDUCATION REQUIRE-
MENTS SHALL NOT PRACTICE UNTIL THEY HAVE MET SUCH REQUIREMENTS AND HAVE
BEEN ISSUED A REGISTRATION OR CONDITIONAL REGISTRATION CERTIFICATE.
B. CHIROPRACTORS SHALL BE EXEMPT FROM THE MANDATORY CONTINUING EDUCA-
TION REQUIREMENT FOR THE TRIENNIAL REGISTRATION PERIOD DURING WHICH THEY
ARE FIRST LICENSED. IN ACCORDANCE WITH THE INTENT OF THIS SECTION,
ADJUSTMENTS TO THE MANDATORY CONTINUING EDUCATION REQUIREMENT 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 CHIROPRACTOR NOT ENGAGED IN CHIROPRACTIC PRACTICE AS AN
INDIVIDUAL PRACTITIONER, A PARTNER OR A PARTNERSHIP, A SHAREHOLDER OF A
PROFESSIONAL SERVICE CORPORATION, AS AN EMPLOYEE OF SUCH PRACTICE UNITS,
OR AS AN EMPLOYEE OF A FACILITY OPERATING PURSUANT TO ARTICLE TWENTY-
EIGHT OF THIS CHAPTER, OR AS OTHERWISE DETERMINED BY THE DEPARTMENT,
SHALL BE EXEMPT FROM THE MANDATORY CONTINUING EDUCATION REQUIREMENT UPON
THE FILING OF A STATEMENT WITH THE DEPARTMENT DECLARING SUCH STATUS.
ANY LICENSEE WHO RETURNS TO THE PUBLIC PRACTICE OF CHIROPRACTIC DURING
THE TRIENNIAL REGISTRATION PERIOD SHALL NOTIFY THE DEPARTMENT PRIOR TO
REENTERING THE PROFESSION AND SHALL MEET SUCH MANDATORY CONTINUING
EDUCATION REQUIREMENTS AS SHALL BE PROMULGATED BY REGULATION OF THE
COMMISSIONER IN CONSULTATION WITH THE BOARD.
D. NOTHING IN THIS SECTION SHALL BE CONSTRUED AS ENABLING OR AUTHORIZ-
ING THE DEPARTMENT OR STATE BOARD FOR CHIROPRACTIC TO REQUIRE OR IMPLE-
MENT CONTINUING COMPETENCY TESTING OR CONTINUED COMPETENCY CERTIFICATION
FOR CHIROPRACTORS.
2. DURING EACH TRIENNIAL REGISTRATION PERIOD AN APPLICANT FOR REGIS-
TRATION SHALL COMPLETE THIRTY-SIX HOURS OF ACCEPTABLE FORMAL CONTINUING
EDUCATION, A MAXIMUM OF TWELVE HOURS OF WHICH MAY BE SELF-INSTRUCTIONAL
COURSEWORK AS APPROVED BY THE DEPARTMENT IN CONSULTATION WITH THE BOARD.
ANY CHIROPRACTOR WHOSE FIRST REGISTRATION DATE FOLLOWING THE EFFECTIVE
DATE OF THIS SECTION OCCURS LESS THAN THREE YEARS FROM SUCH EFFECTIVE
DATE, BUT ON OR AFTER JANUARY FIRST, TWO THOUSAND FOUR, SHALL COMPLETE
CONTINUING EDUCATION HOURS ON A PRORATED BASIS AT THE RATE OF ONE HOUR
PER MONTH FOR THE PERIOD BEGINNING JANUARY FIRST, TWO THOUSAND FOUR UP
TO THE FIRST REGISTRATION DATE THEREAFTER. A LICENSEE WHO HAS NOT SATIS-
FIED THE MANDATORY CONTINUING EDUCATION REQUIREMENTS SHALL NOT BE ISSUED
A TRIENNIAL REGISTRATION CERTIFICATE BY THE DEPARTMENT AND SHALL NOT
PRACTICE UNLESS AND UNTIL A CONDITIONAL REGISTRATION CERTIFICATE IS
ISSUED AS PROVIDED 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-
S. 4007--A 302 A. 3007--A
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
CHIROPRACTIC WITHOUT SUCH REGISTRATION MAY BE SUBJECT TO DISCIPLINARY
PROCEEDINGS PURSUANT TO SECTION SIXTY-FIVE HUNDRED TEN OF THIS ARTICLE.
4. AS USED IN THIS SECTION, "ACCEPTABLE FORMAL CONTINUING EDUCATION"
SHALL MEAN FORMAL PROGRAMS OF LEARNING WHICH ARE SPONSORED OR PRESENTED
BY A NEW YORK STATE CHIROPRACTIC PROFESSIONAL ORGANIZATION, NATIONAL
CHIROPRACTIC PROFESSIONAL ORGANIZATION OR HIGHER EDUCATIONAL INSTITU-
TION, AND WHICH MEET THE FOLLOWING REQUIREMENTS: CONTAIN SUBJECT MATTER
WHICH CONTRIBUTES TO THE ENHANCEMENT OF PROFESSIONAL AND CLINICAL SKILLS
OF THE CHIROPRACTOR AND IS APPROVED AS ACCEPTABLE CONTINUING EDUCATION
BY A CHIROPRACTIC COLLEGE RECOGNIZED BY THE COMMISSION ON ACCREDITATION
OF THE COUNCIL OF CHIROPRACTIC EDUCATION TO FULFILL THE MANDATORY
CONTINUING EDUCATION REQUIREMENTS, AND WHICH MEETS THE STANDARDS
PRESCRIBED BY REGULATIONS OF THE COMMISSIONER IN CONSULTATION WITH THE
BOARD TO FULFILL THE MANDATORY CONTINUING EDUCATION REQUIREMENT.
5. CHIROPRACTORS SHALL CERTIFY AT EACH TRIENNIAL REGISTRATION AS TO
HAVING SATISFIED THE MANDATORY CONTINUING EDUCATION REQUIREMENTS OF THIS
SECTION, SHALL MAINTAIN ADEQUATE DOCUMENTATION OF COMPLETION OF ACCEPTA-
BLE FORMAL CONTINUING EDUCATION TO SUPPORT SUCH CERTIFICATION 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 ARTICLE.
6. THE MANDATORY CONTINUING EDUCATION FEE SHALL BE FORTY-FIVE 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-FIVE HUNDRED FIFTY-FOUR OF THIS TITLE.
§ 6555. EXEMPT PERSONS. NOTHING IN THIS TITLE SHALL BE CONSTRUED TO
AFFECT OR PREVENT A STUDENT ENROLLED IN A COLLEGE OF CHIROPRACTIC IN
THIS STATE FROM ENGAGING IN ALL PHASES OF CLINICAL PRACTICE UNDER SUPER-
VISION OF A LICENSED CHIROPRACTOR OR PHYSICIAN IN A CURRICULUM REGIS-
TERED BY THE DEPARTMENT.
§ 6556. SPECIAL PROVISIONS. 1. ANY CHIROPRACTOR WHO HOLDS A LICENSE
STATING THAT THE HOLDER IS NOT AUTHORIZED TO USE X-RAY IN HIS OR HER
PRACTICE SHALL, ON EACH REGISTRATION, CONTINUE TO OBTAIN A LICENSE SO
MARKED. ANY CHIROPRACTOR HOLDING SUCH A LICENSE MAY OBTAIN A LICENSE
PERMITTING THE USE OF X-RAY PROVIDED HE OR SHE FIRST PASSES AN EXAMINA-
TION IN THE USE AND EFFECT OF X-RAY SATISFACTORY TO THE BOARD AND THE
DEPARTMENT.
2. AN APPLICANT WHO GRADUATED FROM A SCHOOL OF CHIROPRACTIC PRIOR TO
JANUARY FIRST, NINETEEN HUNDRED SIXTY-EIGHT NEED NOT MEET THE TWO-YEAR
PREPROFESSIONAL COLLEGE STUDY REQUIREMENT PROVIDED FOR IN SUBDIVISION
TWO OF SECTION SIXTY-FIVE HUNDRED FIFTY-FOUR OF THIS TITLE.
TITLE 7
DENTISTRY, DENTAL HYGIENE, AND REGISTERED DENTAL ASSISTING
SECTION 6600. INTRODUCTION.
6601. DEFINITION OF PRACTICE OF DENTISTRY.
6602. PRACTICE OF DENTISTRY AND USE OF TITLE "DENTIST".
6603. STATE BOARD FOR DENTISTRY.
6604. REQUIREMENTS FOR A LICENSE AS A DENTIST.
6604-A. MANDATORY CONTINUING EDUCATION FOR DENTISTS.
6604-B. RESTRICTED DENTAL FACULTY LICENSE.
S. 4007--A 303 A. 3007--A
6605. LIMITED PERMITS.
6605-A. DENTAL ANESTHESIA CERTIFICATE.
6605-B. DENTAL HYGIENE RESTRICTED LOCAL INFILTRATION
ANESTHESIA/NITROUS OXIDE ANALGESIA CERTIFICATE.
6606. DEFINITION OF PRACTICE OF DENTAL HYGIENE.
6607. PRACTICE OF DENTAL HYGIENE AND USE OF TITLE "DENTAL
HYGIENIST".
6608. DEFINITION OF PRACTICE OF REGISTERED DENTAL ASSISTING.
6608-A. PRACTICE OF REGISTERED DENTAL ASSISTING AND USE OF TITLE
"REGISTERED DENTAL ASSISTANT".
6608-B. REQUIREMENTS FOR CERTIFICATION AS A REGISTERED DENTAL
ASSISTANT.
6608-C. EXEMPT PERSONS; REGISTERED DENTAL ASSISTANT.
6608-D. LIMITED PERMITS.
6609. REQUIREMENTS FOR A LICENSE AS A DENTAL HYGIENIST.
6609-A. MANDATORY CONTINUING EDUCATION FOR DENTAL HYGIENISTS.
6609-B. LIMITED PERMIT TO PRACTICE DENTAL HYGIENE.
6610. EXEMPT PERSONS; PRACTICE OF DENTAL HYGIENE.
6611. SPECIAL PROVISIONS.
6612. IDENTIFICATION OF REMOVABLE FULL OR PARTIAL PROSTHETIC
DEVICES.
6613. NITROUS OXIDE EQUIPMENT.
§ 6600. INTRODUCTION. THIS TITLE APPLIES TO THE PROFESSIONS OF DENTIS-
TRY, DENTAL HYGIENE, AND REGISTERED DENTAL ASSISTING. THE GENERAL
PROVISIONS FOR ALL PROFESSIONS CONTAINED IN TITLE ONE OF THIS ARTICLE
APPLY TO THIS TITLE.
§ 6601. DEFINITION OF PRACTICE OF DENTISTRY. THE PRACTICE OF THE
PROFESSION OF DENTISTRY IS DEFINED AS DIAGNOSING, TREATING, OPERATING,
OR PRESCRIBING FOR ANY DISEASE, PAIN, INJURY, DEFORMITY, OR PHYSICAL
CONDITION OF THE ORAL AND MAXILLOFACIAL AREA RELATED TO RESTORING AND
MAINTAINING DENTAL HEALTH. THE PRACTICE OF DENTISTRY INCLUDES THE
PRESCRIBING AND FABRICATION OF DENTAL PROSTHESES AND APPLIANCES. THE
PRACTICE OF DENTISTRY MAY INCLUDE PERFORMING PHYSICAL EVALUATIONS IN
CONJUNCTION WITH THE PROVISION OF DENTAL TREATMENT.
§ 6602. PRACTICE OF DENTISTRY AND USE OF TITLE "DENTIST". ONLY A
PERSON LICENSED OR OTHERWISE AUTHORIZED TO PRACTICE UNDER THIS TITLE
SHALL PRACTICE DENTISTRY OR USE THE TITLE "DENTIST".
§ 6603. STATE BOARD FOR DENTISTRY. A STATE BOARD FOR DENTISTRY SHALL
BE APPOINTED BY THE DEPARTMENT ON RECOMMENDATION OF THE COMMISSIONER FOR
THE PURPOSE OF ASSISTING THE DEPARTMENT ON MATTERS OF PROFESSIONAL
LICENSING AND PROFESSIONAL CONDUCT IN ACCORDANCE WITH SECTION SIXTY-FIVE
HUNDRED EIGHT OF THIS ARTICLE. THE BOARD SHALL BE COMPOSED OF NOT LESS
THAN THIRTEEN DENTISTS LICENSED IN THIS STATE FOR AT LEAST FIVE YEARS,
NOT LESS THAN THREE DENTAL HYGIENISTS LICENSED IN THIS STATE FOR AT
LEAST FIVE YEARS, AND NOT LESS THAN ONE REGISTERED DENTAL ASSISTANT
LICENSED IN THIS STATE FOR AT LEAST ONE YEAR. AN EXECUTIVE SECRETARY TO
THE BOARD SHALL BE APPOINTED BY THE DEPARTMENT ON RECOMMENDATION OF THE
COMMISSIONER AND SHALL BE A DENTIST LICENSED IN THIS STATE.
§ 6604. REQUIREMENTS FOR A LICENSE AS A DENTIST. TO QUALIFY FOR A
LICENSE AS A DENTIST, AN APPLICANT SHALL FULFILL THE FOLLOWING REQUIRE-
MENTS:
1. APPLICATION: FILE AN APPLICATION WITH THE DEPARTMENT;
2. EDUCATION: HAVE RECEIVED AN EDUCATION, INCLUDING A DOCTORAL DEGREE
IN DENTISTRY, IN ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS;
3. EXPERIENCE: HAVE EXPERIENCE SATISFACTORY TO THE BOARD AND IN
ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS, PROVIDED THAT SUCH EXPE-
S. 4007--A 304 A. 3007--A
RIENCE SHALL CONSIST OF SATISFACTORY COMPLETION OF A CLINICALLY-BASED
POSTDOCTORAL GENERAL PRACTICE OR SPECIALTY DENTAL RESIDENCY PROGRAM, OF
AT LEAST ONE YEAR'S DURATION, IN A HOSPITAL OR DENTAL FACILITY ACCRED-
ITED FOR TEACHING PURPOSES BY A NATIONAL ACCREDITING BODY APPROVED BY
THE DEPARTMENT, PROVIDED, FURTHER THAT ANY SUCH RESIDENCY PROGRAM SHALL
INCLUDE A FORMAL OUTCOME ASSESSMENT EVALUATION OF THE RESIDENT'S COMPE-
TENCE TO PRACTICE DENTISTRY ACCEPTABLE TO THE DEPARTMENT;
4. EXAMINATION: PASS A WRITTEN EXAMINATION SATISFACTORY TO THE BOARD
AND IN ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS;
5. AGE: BE AT LEAST TWENTY-ONE YEARS OF AGE;
6. CITIZENSHIP OR IMMIGRATION STATUS: BE A UNITED STATES CITIZEN OR AN
ALIEN LAWFULLY ADMITTED FOR PERMANENT RESIDENCE IN THE UNITED STATES;
PROVIDED, HOWEVER, THAT THE DEPARTMENT MAY GRANT A THREE-YEAR WAIVER FOR
AN ALIEN TO PRACTICE IN AN AREA WHICH HAS BEEN DESIGNATED A FEDERAL
DENTAL HEALTH PROFESSIONS SHORTAGE AREA, EXCEPT THAT THE DEPARTMENT MAY
GRANT AN ADDITIONAL EXTENSION NOT TO EXCEED SIX YEARS TO AN ALIEN TO
ENABLE HIM OR HER TO SECURE CITIZENSHIP OR PERMANENT RESIDENT STATUS,
PROVIDED SUCH STATUS IS BEING ACTIVELY PURSUED;
7. CHARACTER: BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE DEPART-
MENT; AND
8. FEES: PAY A FEE OF TWO HUNDRED TWENTY DOLLARS TO THE DEPARTMENT FOR
ADMISSION TO A DEPARTMENT CONDUCTED EXAMINATION AND FOR AN INITIAL
LICENSE, A FEE OF ONE HUNDRED FIFTEEN DOLLARS FOR EACH REEXAMINATION, A
FEE OF ONE HUNDRED THIRTY-FIVE DOLLARS FOR AN INITIAL LICENSE FOR
PERSONS NOT REQUIRING ADMISSION TO A DEPARTMENT CONDUCTED EXAMINATION,
AND A FEE OF TWO HUNDRED TEN DOLLARS FOR EACH TRIENNIAL REGISTRATION
PERIOD.
§ 6604-A. MANDATORY CONTINUING EDUCATION FOR DENTISTS. 1. A. EACH
DENTIST, LICENSED PURSUANT TO THIS TITLE, REQUIRED TO REGISTER TRIENNI-
ALLY WITH THE DEPARTMENT TO PRACTICE IN THIS STATE SHALL COMPLY WITH THE
PROVISIONS OF THE MANDATORY CONTINUING EDUCATION REQUIREMENTS, EXCEPT AS
SET FORTH IN PARAGRAPHS B AND C OF THIS SUBDIVISION. DENTISTS WHO DO NOT
SATISFY THE MANDATORY CONTINUING EDUCATION REQUIREMENTS SHALL NOT PRAC-
TICE UNTIL THEY HAVE MET SUCH REQUIREMENTS AND HAVE BEEN ISSUED A REGIS-
TRATION OR CONDITIONAL REGISTRATION CERTIFICATE.
B. DENTISTS SHALL BE EXEMPT FROM THE MANDATORY CONTINUING EDUCATION
REQUIREMENT FOR THE TRIENNIAL REGISTRATION PERIOD DURING WHICH THEY ARE
FIRST LICENSED. IN ACCORDANCE WITH THE INTENT OF THIS SECTION, ADJUST-
MENTS TO THE MANDATORY CONTINUING EDUCATION REQUIREMENT MAY BE GRANTED
BY THE DEPARTMENT FOR REASONS OF HEALTH, CERTIFIED BY A PHYSICIAN, FOR
EXTENDED ACTIVE DUTY WITH THE ARMED FORCES OF THE UNITED STATES, OR FOR
OTHER GOOD CAUSE ACCEPTABLE TO THE DEPARTMENT WHICH MAY PREVENT COMPLI-
ANCE.
C. A LICENSED DENTIST NOT ENGAGED IN PUBLIC PRACTICE AS AN INDIVIDUAL
PRACTITIONER, A PARTNER OF A PARTNERSHIP, A SHAREHOLDER OF A PROFES-
SIONAL SERVICE CORPORATION, OR AN EMPLOYEE OF SUCH PRACTICE UNITS, SHALL
BE EXEMPT FROM THE MANDATORY CONTINUING EDUCATION REQUIREMENT UPON THE
FILING OF A STATEMENT WITH THE DEPARTMENT DECLARING SUCH STATUS. ANY
LICENSEE WHO RETURNS TO THE PUBLIC PRACTICE OF DENTISTRY DURING THE
TRIENNIAL REGISTRATION PERIOD SHALL NOTIFY THE DEPARTMENT PRIOR TO REEN-
TERING THE PROFESSION AND SHALL MEET SUCH MANDATORY CONTINUING EDUCATION
REQUIREMENTS AS SHALL BE PRESCRIBED BY REGULATION OF THE COMMISSIONER.
2. DURING EACH TRIENNIAL REGISTRATION PERIOD AN APPLICANT FOR REGIS-
TRATION SHALL COMPLETE A MINIMUM OF SIXTY HOURS OF ACCEPTABLE FORMAL
CONTINUING EDUCATION, A MAXIMUM OF EIGHTEEN HOURS OF WHICH MAY BE SELF-
INSTRUCTIONAL COURSEWORK AS APPROVED BY THE DEPARTMENT. BEGINNING WITH
S. 4007--A 305 A. 3007--A
THE FIRST REGISTRATION RENEWAL PERIOD FOR ANY DENTIST OCCURRING ON OR
AFTER JANUARY FIRST, TWO THOUSAND TWO, AND BEFORE THE OCCURRENCE OF THE
SECOND REGISTRATION RENEWAL PERIOD FOLLOWING THAT DATE, A DENTIST SHALL
HAVE COMPLETED ON A ONE-TIME BASIS, AS PART OF THE SIXTY HOURS OF
ACCEPTABLE FORMAL CONTINUING EDUCATION REQUIRED BY THIS SECTION, NO
FEWER THAN TWO HOURS OF COURSEWORK AND TRAINING REGARDING THE CHEMICAL
AND RELATED EFFECTS AND USAGE OF TOBACCO AND TOBACCO PRODUCTS AND THE
RECOGNITION, DIAGNOSIS, AND TREATMENT OF THE ORAL HEALTH EFFECTS,
INCLUDING BUT NOT LIMITED TO CANCERS AND OTHER DISEASES, CAUSED BY
TOBACCO AND TOBACCO PRODUCTS, PROVIDED THAT ANY DENTIST WHO PROVIDES
WRITTEN PROOF SATISFACTORY TO THE DEPARTMENT THAT THE DENTIST HAS
COMPLETED, AT ANY TIME SUBSEQUENT TO THE EFFECTIVE DATE OF THIS SECTION,
AN APPROVED MANDATORY CONTINUING EDUCATION COURSE OF NOT LESS THAN TWO
HOURS IN THE SAME OR SUBSTANTIALLY SIMILAR SUBJECT MATTER SHALL BE
DEEMED TO HAVE MET THIS REQUIREMENT, AND FURTHER PROVIDED THAT DENTISTS
WHO ARE EXEMPT FROM THE MANDATORY CONTINUING EDUCATION REQUIREMENT FOR
THE TRIENNIAL REGISTRATION PERIOD DURING WHICH THEY ARE FIRST LICENSED
SHALL ALSO BE EXEMPT FROM THIS REQUIREMENT FOR THAT PERIOD. ANY DENTIST
WHOSE FIRST REGISTRATION DATE FOLLOWING THE EFFECTIVE DATE OF THIS
SECTION OCCURS LESS THAN THREE YEARS FROM SUCH EFFECTIVE DATE, BUT ON OR
AFTER JANUARY FIRST, NINETEEN HUNDRED NINETY-EIGHT AND BEFORE JULY
FIRST, TWO THOUSAND EIGHT, SHALL COMPLETE CONTINUING EDUCATION HOURS ON
A PRORATED BASIS AT THE RATE OF ONE AND ONE-QUARTER HOURS PER MONTH FOR
THE PERIOD BEGINNING JANUARY FIRST, NINETEEN HUNDRED NINETY-SEVEN UP TO
THE FIRST REGISTRATION DATE THEREAFTER. FOR ANY REGISTRATION PERIOD
BEGINNING BEFORE JULY FIRST, TWO THOUSAND EIGHT AND ENDING ON OR AFTER
SUCH DATE, EACH DENTIST SHALL COMPLETE CONTINUING EDUCATION HOURS ON A
PRO RATA BASIS AT A RATE OF ONE AND ONE-QUARTER HOURS PER MONTH FOR THE
PERIOD ENDING JUNE THIRTIETH, TWO THOUSAND EIGHT AND AT A RATE OF ONE
AND TWO-THIRDS HOURS PER MONTH FOR THE PERIOD BEGINNING JULY FIRST, TWO
THOUSAND EIGHT UP TO THE FIRST REGISTRATION DATE THEREAFTER. A LICENSEE
WHO HAS NOT SATISFIED THE MANDATORY CONTINUING EDUCATION REQUIREMENTS
SHALL NOT BE ISSUED A TRIENNIAL REGISTRATION CERTIFICATE BY THE DEPART-
MENT 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.
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. ANY LICENSEE WHO IS NOTIFIED OF THE
DENIAL OF REGISTRATION FOR FAILURE TO SUBMIT EVIDENCE, SATISFACTORY TO
THE DEPARTMENT, OF COMPLETION OF REQUIRED CONTINUING EDUCATION AND WHO
PRACTICES DENTISTRY WITHOUT SUCH REGISTRATION, MAY BE SUBJECT TO DISCI-
PLINARY PROCEEDINGS PURSUANT TO SECTION SIXTY-FIVE HUNDRED TEN OF THIS
ARTICLE.
4. AS USED IN THIS SECTION, "ACCEPTABLE FORMAL CONTINUING EDUCATION"
SHALL MEAN FORMAL PROGRAMS OF LEARNING WHICH CONTRIBUTE TO PROFESSIONAL
PRACTICE AND WHICH MEET THE STANDARDS PRESCRIBED BY REGULATIONS OF THE
COMMISSIONER. TO FULFILL THE MANDATORY CONTINUING EDUCATION REQUIREMENT,
PROGRAMS MUST BE TAKEN FROM SPONSORS HAVING AT LEAST ONE FULL-TIME
EMPLOYEE AND THE FACILITIES, EQUIPMENT, AND FINANCIAL AND PHYSICAL
S. 4007--A 306 A. 3007--A
RESOURCES TO PROVIDE CONTINUING EDUCATION COURSES, APPROVED BY THE
DEPARTMENT, PURSUANT TO THE REGULATIONS OF THE COMMISSIONER.
5. THE MANDATORY CONTINUING EDUCATION FEE SHALL BE FORTY-FIVE DOLLARS,
SHALL BE PAYABLE ON OR BEFORE THE FIRST DAY OF EACH TRIENNIAL REGISTRA-
TION PERIOD, AND SHALL BE PAID IN ADDITION TO THE TRIENNIAL REGISTRATION
FEE REQUIRED BY SECTION SIXTY-SIX HUNDRED FOUR OF THIS TITLE.
6. ON OR AFTER THE EFFECTIVE DATE OF THIS SUBDIVISION, AND NO LATER
THAN THE END OF THE FIRST REGISTRATION PERIOD COMMENCING ON OR AFTER
SUCH DATE DURING WHICH HE OR SHE IS REQUIRED TO COMPLY WITH THE CONTINU-
ING EDUCATION REQUIREMENTS OF THIS SECTION, EACH DENTIST SHALL HAVE
COMPLETED ON A ONE-TIME BASIS, AS PART OF THE MANDATORY HOURS OF ACCEPT-
ABLE FORMAL CONTINUING EDUCATION REQUIRED BY THIS SECTION, NO FEWER THAN
THREE HOURS IN A COURSE APPROVED BY THE DEPARTMENT IN DENTAL JURISPRU-
DENCE AND ETHICS, WHICH SHALL INCLUDE THE LAWS, RULES, REGULATIONS AND
ETHICAL PRINCIPLES RELATING TO THE PRACTICE OF DENTISTRY IN NEW YORK
STATE, PROVIDED THAT POSTGRADUATE DENTAL STUDENTS ENROLLED IN NEW YORK
STATE DENTAL RESIDENCY PROGRAMS MAY SATISFY THE REQUIREMENTS OF THIS
SUBDIVISION BY TAKING SUCH AN APPROVED COURSE DURING THE PERIOD OF THEIR
DENTAL RESIDENCY PRIOR TO THEIR INITIAL LICENSURE.
§ 6604-B. RESTRICTED DENTAL FACULTY LICENSE. 1. THE DEPARTMENT MAY
ISSUE A RESTRICTED DENTAL FACULTY LICENSE TO A FULL-TIME FACULTY MEMBER
EMPLOYED AT AN APPROVED NEW YORK STATE SCHOOL OF DENTISTRY. THE HOLDER
OF SUCH RESTRICTED DENTAL FACULTY LICENSE SHALL HAVE THE AUTHORITY TO
PRACTICE DENTISTRY, AS DEFINED IN THIS TITLE, BUT SUCH PRACTICE OF
DENTISTRY SHALL BE LIMITED TO THE SCHOOL'S FACILITIES OR THE SCHOOL'S
CLINICS, OR FACILITIES OR CLINICS WITH RELATIONSHIPS TO THE SCHOOL
CONFIRMED BY FORMAL AFFILIATION AGREEMENTS. NOTHING IN THIS SECTION
SHALL BE CONSTRUED TO AUTHORIZE SUCH HOLDER OF A RESTRICTED DENTAL
FACULTY LICENSE TO ENGAGE IN THE PRIVATE PRACTICE OF DENTISTRY AT ANY
OTHER SITE.
2. TO QUALIFY FOR A RESTRICTED DENTAL FACULTY LICENSE THE APPLICANT
SHALL PRESENT SATISFACTORY EVIDENCE OF THE FOLLOWING:
A. THE COMPLETION OF A TOTAL OF NO LESS THAN SIX ACADEMIC YEARS OF
PRE-PROFESSIONAL AND PROFESSIONAL EDUCATION, INCLUDING:
(I) COURSES IN GENERAL CHEMISTRY, ORGANIC CHEMISTRY, BIOLOGY OR ZOOLO-
GY AND PHYSICS; AND
(II) NOT LESS THAN FOUR ACADEMIC YEARS OF PROFESSIONAL DENTAL EDUCA-
TION SATISFACTORY TO THE DEPARTMENT CULMINATING IN A DEGREE, DIPLOMA OR
CERTIFICATE IN DENTISTRY RECOGNIZED BY THE APPROPRIATE CIVIL AUTHORITIES
OF THE JURISDICTION IN WHICH THE SCHOOL IS LOCATED AS ACCEPTABLE FOR
ENTRY INTO PRACTICE IN THE JURISDICTION IN WHICH THE SCHOOL IS LOCATED.
B. WITHIN THE LAST FIVE YEARS, HAVE TWO YEARS OF SATISFACTORY PRACTICE
AS A DENTIST OR HAVE SATISFACTORILY COMPLETED AN ADVANCED EDUCATION
PROGRAM IN GENERAL DENTISTRY OR IN A DENTAL SPECIALTY, PROVIDED SUCH
PROGRAM IS ACCREDITED BY AN ORGANIZATION ACCEPTED BY THE DEPARTMENT AS A
RELIABLE AUTHORITY FOR THE PURPOSE OF ACCREDITING SUCH PROGRAMS (SUCH AS
THE COMMISSION ON DENTAL ACCREDITATION); AND
C. POSSESSES GOOD MORAL CHARACTER AS DETERMINED BY THE DEPARTMENT.
3. THE DEAN OF THE DENTAL SCHOOL SHALL NOTIFY THE DEPARTMENT IN WRIT-
ING UPON THE SUBMISSION OF AN INITIAL LICENSE APPLICATION AND YEARLY
THEREAFTER THAT THE HOLDER OF THE DENTAL FACULTY LICENSE IS EMPLOYED
FULL-TIME AT THE DENTAL SCHOOL. FULL-TIME EMPLOYMENT MEANS THE HOLDER
OF SUCH DENTAL FACULTY LICENSE DEVOTES AT LEAST FOUR FULL WORKING DAYS
PER WEEK IN TEACHING OR PATIENT CARE, RESEARCH OR ADMINISTRATIVE DUTIES
AT THE DENTAL SCHOOL WHERE EMPLOYED. THE DEAN OF THE DENTAL SCHOOL AND
THE HOLDER OF SUCH DENTAL FACULTY LICENSE SHALL EACH NOTIFY THE DEPART-
S. 4007--A 307 A. 3007--A
MENT IN WRITING WITHIN THIRTY DAYS OF THE TERMINATION OF FULL-TIME
EMPLOYMENT.
4. IN ORDER TO CONTINUE TO PRACTICE DENTISTRY, THE HOLDER OF A
RESTRICTED DENTAL FACULTY LICENSE SHALL APPLY FOR AND HOLD A CURRENT
TRIENNIAL REGISTRATION WHICH SHALL BE SUBJECT TO THE SAME REGISTRATION
REQUIREMENTS AS APPLY TO HOLDERS OF UNRESTRICTED DENTAL LICENSES, EXCEPT
THAT SUCH REGISTRATION SHALL BE ISSUED ONLY UPON THE SUBMISSION OF
DOCUMENTATION SATISFACTORY TO THE DEPARTMENT OF THE HOLDER'S CONTINUED
STATUS AS A FULL-TIME DENTAL FACULTY MEMBER, PROVIDED THAT SUCH REGIS-
TRATION SHALL IMMEDIATELY TERMINATE AND THE HOLDER SHALL NO LONGER BE
AUTHORIZED TO PRACTICE IF THE HOLDER CEASES TO BE A FULL-TIME DENTAL
FACULTY MEMBER AT AN APPROVED NEW YORK STATE SCHOOL OF DENTISTRY.
5. THE HOLDER OF THIS RESTRICTED DENTAL FACULTY LICENSE SHALL BE
SUBJECT TO THE PROFESSIONAL MISCONDUCT PROVISIONS SET FORTH IN SUBTITLE
THREE OF TITLE ONE OF THIS ARTICLE AND IN THE REGULATIONS AND RULES OF
THE DEPARTMENT.
6. THE FEE FOR EACH RESTRICTED DENTAL FACULTY LICENSE SHALL BE THREE
HUNDRED DOLLARS, AND THE FEE FOR INITIAL REGISTRATION AND EACH SUBSE-
QUENT RE-REGISTRATION SHALL BE THREE HUNDRED DOLLARS.
7. IN ORDER TO BE ELIGIBLE FOR A RESTRICTED DENTAL FACULTY LICENSE AN
APPLICANT MUST BE A UNITED STATES CITIZEN OR AN ALIEN LAWFULLY ADMITTED
FOR PERMANENT RESIDENCE IN THE UNITED STATES; PROVIDED, HOWEVER, THAT
THE DEPARTMENT MAY GRANT A THREE-YEAR WAIVER FOR AN ALIEN WHO OTHERWISE
MEETS ALL OTHER REQUIREMENTS FOR A RESTRICTED DENTAL FACULTY LICENSE
EXCEPT THAT THE DEPARTMENT MAY GRANT AN ADDITIONAL EXTENSION NOT TO
EXCEED SIX YEARS TO AN ALIEN TO ENABLE HIM OR HER TO SECURE CITIZENSHIP
OR PERMANENT RESIDENT STATUS, PROVIDED SUCH STATUS IS BEING ACTIVELY
PURSUED. NO CURRENT FACULTY MEMBER SHALL BE DISPLACED BY THE HOLDER OF A
RESTRICTED DENTAL FACULTY LICENSE.
§ 6605. LIMITED PERMITS. 1. ON RECOMMENDATION OF THE BOARD, THE
DEPARTMENT MAY ISSUE A LIMITED PERMIT TO A GRADUATE OF A DENTAL COLLEGE
WHO MEETS THE EDUCATIONAL QUALIFICATIONS FOR ADMISSION TO THE LICENSING
EXAMINATION IN DENTISTRY FOR EMPLOYMENT IN A HOSPITAL OR DENTAL FACILITY
APPROVED BY AN APPROPRIATE AGENCY, WHILE UNDER THE DIRECTION OR SUPER-
VISION OF A LICENSED DENTIST. NO SUCH PERMIT SHALL BE ISSUED OR RENEWED
UNLESS SUCH GRADUATE HAS A BONA FIDE OFFER OF A POSITION IN SUCH A
HOSPITAL OR DENTAL FACILITY.
2. ON RECOMMENDATION OF THE BOARD, THE DEPARTMENT MAY ISSUE A LIMITED
PERMIT FOR INSTRUCTING IN DENTISTRY TO A DENTIST NOT LICENSED UNDER THIS
TITLE TO BE EMPLOYED BY A REGISTERED SCHOOL OF DENTISTRY OR DENTAL
HYGIENE TO INSTRUCT AND SUPERVISE CLINICAL DENTISTRY OR DENTAL HYGIENE
FOR STUDENTS IN SUCH A REGISTERED SCHOOL IN THE STATE, AND IN SO DOING
TO PRACTICE DENTISTRY AS DEFINED IN THIS TITLE, BUT ONLY ON THE PREMISES
OF SUCH REGISTERED SCHOOL OR SUCH OTHER PREMISES AS MAY BE USED FOR
INSTRUCTION IN THE PROGRAM OF HEALTH CONDUCTED BY SUCH INSTITUTION. NO
PERSON SHALL BE PERMITTED OR AUTHORIZED TO INSTRUCT AND SUPERVISE CLIN-
ICAL DENTISTRY FOR STUDENTS UNLESS SUCH PERSON IS LICENSED IN THIS STATE
OR HOLDS THE FOREGOING LIMITED PERMIT FOR INSTRUCTING IN DENTISTRY.
3. THE HOLDER OF A LIMITED PERMIT UNDER THIS SECTION MAY PRACTICE
DENTISTRY, AS DEFINED IN THIS TITLE, BUT ONLY IN THE PERFORMANCE OF
DUTIES REQUIRED BY THE POSITION FOR WHICH THE LIMITED PERMIT IS ISSUED.
NOTHING IN THIS SECTION SHALL BE CONSTRUED TO AUTHORIZE SUCH UNLICENSED
DENTIST TO ENGAGE IN THE PRIVATE PRACTICE OF DENTISTRY.
4. A LIMITED PERMIT UNDER THIS SECTION SHALL BE VALID FOR ONE YEAR OR
UNTIL TEN DAYS AFTER NOTIFICATION OF DENIAL OF AN APPLICATION FOR
LICENSE. A LIMITED PERMIT MAY BE RENEWED FOR ONE YEAR, EXCEPT IF THE
S. 4007--A 308 A. 3007--A
APPLICANT IS SERVING IN A RESIDENCY PROGRAM IN A HOSPITAL OR SCHOOL OF
DENTISTRY IN THIS STATE. A LIMITED PERMIT MAY BE RENEWED ANNUALLY FOR
THE DURATION OF SUCH RESIDENCY PROGRAM. THE FEE FOR EACH LIMITED PERMIT
AND FOR EACH RENEWAL SHALL BE ONE HUNDRED FIVE DOLLARS.
5. NOTWITHSTANDING SUBDIVISION ONE OF THIS SECTION, DENTAL SCHOOL
GRADUATES WHO MEET THE LICENSE REQUIREMENT FOR EDUCATION PURSUANT TO
SUBDIVISION TWO OF SECTION SIXTY-SIX HUNDRED FOUR OF THIS TITLE SHALL BE
DEEMED TO BE EXEMPT PERSONS PURSUANT TO SECTION SIXTY-SIX HUNDRED TEN OF
THIS TITLE AND SHALL NOT BE REQUIRED TO OBTAIN A LIMITED PERMIT,
PROVIDED THAT THEY ARE EMPLOYED IN AN APPROVED RESIDENCY PROGRAM FOR THE
PURPOSE OF FULFILLING INITIAL LICENSURE REQUIREMENTS PURSUANT TO SECTION
SIXTY-SIX HUNDRED FOUR OF THIS TITLE. NOT LATER THAN SIXTY DAYS AFTER
ENTRY INTO AN APPROVED RESIDENCY PROGRAM, THE DENTAL RESIDENT SHALL
REGISTER ON A FORM ACCEPTABLE TO THE COMMISSIONER AND PAY TO THE DEPART-
MENT A RESIDENCY REGISTRATION FEE ESTABLISHED BY THE DEPARTMENT, WHICH
RESIDENCY REGISTRATION FEE SHALL BE REASONABLE AND SHALL NOT EXCEED THE
LIMITED PERMIT FEE SPECIFIED IN SUBDIVISION FOUR OF THIS SECTION. ALL
PERSONS DEEMED EXEMPT PURSUANT TO THIS SECTION SHALL BE SUBJECT TO ALL
PROVISIONS OF TITLE ONE OF THIS ARTICLE, INCLUDING BUT NOT LIMITED TO
HAVING DISCIPLINARY ACTION TAKEN AGAINST THEIR RESIDENCY REGISTRATION
STATUS.
§ 6605-A. DENTAL ANESTHESIA CERTIFICATE. 1. A LICENSED DENTIST SHALL
NOT EMPLOY CONSCIOUS SEDATION, DEEP SEDATION OR GENERAL ANESTHESIA IN
THE PRACTICE OF DENTISTRY, AT ANY LOCATION OTHER THAN A GENERAL HOSPI-
TAL, WITHOUT A DENTAL ANESTHESIA CERTIFICATE ISSUED BY THE DEPARTMENT.
2. THE COMMISSIONER SHALL PROMULGATE REGULATIONS, ESTABLISHING STAND-
ARDS AND PROCEDURES FOR THE ISSUANCE OF CERTIFICATES. SUCH STANDARDS
SHALL REQUIRE COMPLETION OF AN EDUCATIONAL PROGRAM AND/OR COURSE OF
TRAINING OR EXPERIENCE SUFFICIENT TO ENSURE THAT A DENTIST IS SPECIF-
ICALLY TRAINED IN THE USE AND ADMINISTRATION OF CONSCIOUS SEDATION, DEEP
SEDATION OR GENERAL ANESTHESIA AND IN THE POSSIBLE EFFECTS OF SUCH USE,
AND IN THE RECOGNITION OF AND RESPONSE TO POSSIBLE EMERGENCY SITUATIONS.
SUCH REGULATIONS MAY ALSO ESTABLISH STANDARDS AND SAFEGUARDS FOR THE USE
OF CONSCIOUS SEDATION, DEEP SEDATION OR GENERAL ANESTHESIA.
3. NOTHING IN THIS SECTION SHALL LIMIT A DENTIST'S USE OF LOCAL ANES-
THESIA, A DENTIST'S USE OF NITROUS OXIDE, OR A DENTIST'S USE OF ANY
OTHER SUBSTANCE OR AGENT FOR A PURPOSE OTHER THAN ACHIEVING DEEP
SEDATION, CONSCIOUS SEDATION, OR GENERAL ANESTHESIA.
4. THE FEE FOR A DENTAL ANESTHESIA CERTIFICATE SHALL BE ONE HUNDRED
DOLLARS AND SHALL BE PAID ON A TRIENNIAL BASIS UPON RENEWAL OF SUCH
CERTIFICATE. A CERTIFICATE MAY BE SUSPENDED OR REVOKED IN THE SAME
MANNER AS A LICENSE TO PRACTICE DENTISTRY.
§ 6605-B. DENTAL HYGIENE RESTRICTED LOCAL INFILTRATION
ANESTHESIA/NITROUS OXIDE ANALGESIA CERTIFICATE. 1. A DENTAL HYGIENIST
SHALL NOT ADMINISTER OR MONITOR NITROUS OXIDE ANALGESIA OR LOCAL INFIL-
TRATION ANESTHESIA IN THE PRACTICE OF DENTAL HYGIENE WITHOUT A DENTAL
HYGIENE RESTRICTED LOCAL INFILTRATION ANESTHESIA/NITROUS OXIDE ANALGESIA
CERTIFICATE AND EXCEPT UNDER THE PERSONAL SUPERVISION OF A DENTIST AND
IN CONJUNCTION WITH THE PERFORMANCE OF DENTAL HYGIENE PROCEDURES AUTHOR-
IZED BY LAW AND IN ACCORDANCE WITH REGULATIONS PROMULGATED BY THE
COMMISSIONER. PERSONAL SUPERVISION, FOR PURPOSES OF THIS SECTION, MEANS
THAT THE SUPERVISING DENTIST REMAINS IN THE DENTAL OFFICE WHERE THE
LOCAL INFILTRATION ANESTHESIA OR NITROUS OXIDE ANALGESIA SERVICES ARE
BEING PERFORMED, PERSONALLY AUTHORIZES AND PRESCRIBES THE USE OF LOCAL
INFILTRATION ANESTHESIA OR NITROUS OXIDE ANALGESIA FOR THE PATIENT AND,
BEFORE DISMISSAL OF THE PATIENT, PERSONALLY EXAMINES THE CONDITION OF
S. 4007--A 309 A. 3007--A
THE PATIENT AFTER THE USE OF LOCAL INFILTRATION ANESTHESIA OR NITROUS
OXIDE ANALGESIA IS COMPLETED. IT IS PROFESSIONAL MISCONDUCT FOR A
DENTIST TO FAIL TO PROVIDE THE SUPERVISION REQUIRED BY THIS SECTION, AND
ANY DENTIST FOUND GUILTY OF SUCH MISCONDUCT UNDER THE PROCEDURES
PRESCRIBED IN SECTION SIXTY-FIVE HUNDRED TEN OF THIS ARTICLE SHALL BE
SUBJECT TO THE PENALTIES PRESCRIBED IN SECTION SIXTY-FIVE HUNDRED ELEVEN
OF THIS ARTICLE.
2. THE COMMISSIONER SHALL PROMULGATE REGULATIONS ESTABLISHING STAND-
ARDS AND PROCEDURES FOR THE ISSUANCE OF SUCH CERTIFICATE. SUCH STANDARDS
SHALL REQUIRE COMPLETION OF AN EDUCATIONAL PROGRAM AND/OR COURSE OF
TRAINING OR EXPERIENCE SUFFICIENT TO ENSURE THAT A DENTAL HYGIENIST IS
SPECIFICALLY TRAINED IN THE ADMINISTRATION AND MONITORING OF NITROUS
OXIDE ANALGESIA AND LOCAL INFILTRATION ANESTHESIA, THE POSSIBLE EFFECTS
OF SUCH USE, AND IN THE RECOGNITION OF AND RESPONSE TO POSSIBLE EMERGEN-
CY SITUATIONS.
3. THE FEE FOR A DENTAL HYGIENE RESTRICTED LOCAL INFILTRATION
ANESTHESIA/NITROUS OXIDE ANALGESIA CERTIFICATE SHALL BE TWENTY-FIVE
DOLLARS AND SHALL BE PAID ON A TRIENNIAL BASIS UPON RENEWAL OF SUCH
CERTIFICATE. A CERTIFICATE MAY BE SUSPENDED OR REVOKED IN THE SAME
MANNER AS A LICENSE TO PRACTICE DENTAL HYGIENE.
§ 6606. DEFINITION OF PRACTICE OF DENTAL HYGIENE. 1. THE PRACTICE OF
THE PROFESSION OF DENTAL HYGIENE IS DEFINED AS THE PERFORMANCE OF DENTAL
SERVICES WHICH SHALL INCLUDE REMOVING CALCAREOUS DEPOSITS, ACCRETIONS
AND STAINS FROM THE EXPOSED SURFACES OF THE TEETH WHICH BEGIN AT THE
EPITHELIAL ATTACHMENT AND APPLYING TOPICAL AGENTS INDICATED FOR A
COMPLETE DENTAL PROPHYLAXIS, REMOVING CEMENT, PLACING OR REMOVING RUBBER
DAM, REMOVING SUTURES, PLACING MATRIX BAND, PROVIDING PATIENT EDUCATION,
APPLYING TOPICAL MEDICATION, PLACING AND EXPOSING DIAGNOSTIC DENTAL
X-RAY FILMS, PERFORMING TOPICAL FLUORIDE APPLICATIONS AND TOPICAL ANES-
THETIC APPLICATIONS, POLISHING TEETH, TAKING MEDICAL HISTORY, CHARTING
CARIES, TAKING IMPRESSIONS FOR STUDY CASTS, PLACING AND REMOVING TEMPO-
RARY RESTORATIONS, ADMINISTERING AND MONITORING NITROUS OXIDE ANALGESIA
AND ADMINISTERING AND MONITORING LOCAL INFILTRATION ANESTHESIA, SUBJECT
TO CERTIFICATION IN ACCORDANCE WITH SECTION SIXTY-SIX HUNDRED FIVE-B OF
THIS TITLE, AND ANY OTHER FUNCTION IN THE DEFINITION OF THE PRACTICE OF
DENTISTRY AS MAY BE DELEGATED BY A LICENSED DENTIST IN ACCORDANCE WITH
REGULATIONS PROMULGATED BY THE COMMISSIONER. THE PRACTICE OF DENTAL
HYGIENE MAY BE CONDUCTED IN THE OFFICE OF ANY LICENSED DENTIST OR IN ANY
APPROPRIATELY EQUIPPED SCHOOL OR PUBLIC INSTITUTION BUT MUST BE DONE
EITHER UNDER THE SUPERVISION OF A LICENSED DENTIST OR, IN THE CASE OF A
REGISTERED DENTAL HYGIENIST WORKING FOR A HOSPITAL AS DEFINED IN ARTICLE
TWENTY-EIGHT OF THIS CHAPTER, PURSUANT TO A COLLABORATIVE ARRANGEMENT
WITH A LICENSED AND REGISTERED DENTIST WHO HAS A FORMAL RELATIONSHIP
WITH THE SAME HOSPITAL IN ACCORDANCE WITH REGULATIONS PROMULGATED BY THE
DEPARTMENT. SUCH COLLABORATIVE ARRANGEMENT SHALL NOT OBVIATE OR SUPER-
SEDE ANY LAW OR REGULATION WHICH REQUIRES IDENTIFIED SERVICES TO BE
PERFORMED UNDER THE PERSONAL SUPERVISION OF A DENTIST. WHEN DENTAL
HYGIENE SERVICES ARE PROVIDED PURSUANT TO A COLLABORATIVE AGREEMENT,
SUCH DENTAL HYGIENIST SHALL INSTRUCT INDIVIDUALS TO VISIT A LICENSED
DENTIST FOR COMPREHENSIVE EXAMINATION OR TREATMENT.
2. THE COMMISSIONER SHALL PROMULGATE REGULATIONS DEFINING THE FUNC-
TIONS A DENTAL HYGIENIST MAY PERFORM THAT ARE CONSISTENT WITH THE TRAIN-
ING AND QUALIFICATIONS FOR A LICENSE AS A DENTAL HYGIENIST.
§ 6607. PRACTICE OF DENTAL HYGIENE AND USE OF TITLE "DENTAL HYGIEN-
IST". ONLY A PERSON LICENSED UNDER SECTION SIXTY-SIX HUNDRED NINE OF
S. 4007--A 310 A. 3007--A
THIS TITLE OR EXEMPT SHALL PRACTICE DENTAL HYGIENE OR USE THE TITLE
"DENTAL HYGIENIST".
§ 6608. DEFINITION OF PRACTICE OF REGISTERED DENTAL ASSISTING. THE
PRACTICE OF REGISTERED DENTAL ASSISTING IS DEFINED AS PROVIDING SUPPORT-
IVE SERVICES TO A DENTIST IN HIS OR HER PERFORMANCE OF DENTAL SERVICES
AUTHORIZED UNDER THIS TITLE. SUCH SUPPORT SHALL INCLUDE PROVIDING
PATIENT EDUCATION, TAKING PRELIMINARY MEDICAL HISTORIES AND VITAL SIGNS
TO BE REVIEWED BY THE DENTIST, PLACING AND REMOVING RUBBER DAMS, SELECT-
ING AND PREFITTING PROVISIONAL CROWNS, SELECTING AND PREFITTING ORTHO-
DONTIC BANDS, REMOVING ORTHODONTIC ARCH WIRES AND LIGATURE TIES, PLACING
AND REMOVING MATRIX BANDS, TAKING IMPRESSIONS FOR STUDY CASTS OR DIAG-
NOSTIC CASTS, REMOVING PERIODONTAL DRESSINGS, AND SUCH OTHER DENTAL
SUPPORTIVE SERVICES AUTHORIZED BY THE DENTIST CONSISTENT WITH REGU-
LATIONS PROMULGATED BY THE COMMISSIONER, PROVIDED THAT SUCH FUNCTIONS
ARE PERFORMED UNDER THE DIRECT PERSONAL SUPERVISION OF A LICENSED
DENTIST IN THE COURSE OF THE PERFORMANCE OF DENTAL SERVICES. SUCH
SERVICES SHALL NOT INCLUDE DIAGNOSING AND/OR PERFORMING SURGICAL PROCE-
DURES, IRREVERSIBLE PROCEDURES OR PROCEDURES THAT WOULD ALTER THE HARD
OR SOFT TISSUE OF THE ORAL AND MAXILLOFACIAL AREA OR ANY OTHER PROCE-
DURES DETERMINED BY THE DEPARTMENT. THE PRACTICE OF REGISTERED DENTAL
ASSISTING MAY BE CONDUCTED IN THE OFFICE OF ANY LICENSED DENTIST OR IN
ANY APPROPRIATELY EQUIPPED SCHOOL OR PUBLIC INSTITUTION BUT MUST BE DONE
UNDER THE DIRECT PERSONAL SUPERVISION OF A LICENSED DENTIST. DIRECT
PERSONAL SUPERVISION, FOR PURPOSES OF THIS SECTION, MEANS SUPERVISION OF
DENTAL PROCEDURES BASED ON INSTRUCTIONS GIVEN BY A LICENSED DENTIST IN
THE COURSE OF A PROCEDURE WHO REMAINS IN THE DENTAL OFFICE WHERE THE
SUPPORTIVE SERVICES ARE BEING PERFORMED, PERSONALLY DIAGNOSES THE CONDI-
TION TO BE TREATED, PERSONALLY AUTHORIZES THE PROCEDURES, AND BEFORE
DISMISSAL OF THE PATIENT, WHO REMAINS THE RESPONSIBILITY OF THE LICENSED
DENTIST, EVALUATES THE SERVICES PERFORMED BY THE REGISTERED DENTAL
ASSISTANT. NOTHING HEREIN AUTHORIZES A REGISTERED DENTAL ASSISTANT TO
PERFORM ANY OF THE SERVICES OR FUNCTIONS DEFINED AS PART OF THE PRACTICE
OF DENTAL HYGIENE IN ACCORDANCE WITH THE PROVISIONS OF SUBDIVISION ONE
OF SECTION SIXTY-SIX HUNDRED SIX OF THIS TITLE, EXCEPT THOSE FUNCTIONS
AUTHORIZED PURSUANT TO THIS SECTION. ALL DENTAL SUPPORTIVE SERVICES
PROVIDED IN THIS SECTION MAY BE PERFORMED BY CURRENTLY REGISTERED DENTAL
HYGIENISTS EITHER UNDER A DENTIST'S SUPERVISION, AS DEFINED IN REGU-
LATIONS OF THE COMMISSIONER, OR, IN THE CASE OF A REGISTERED DENTAL
HYGIENIST WORKING FOR A HOSPITAL AS DEFINED IN ARTICLE TWENTY-EIGHT OF
THIS CHAPTER, PURSUANT TO A COLLABORATIVE ARRANGEMENT WITH A LICENSED
DENTIST IN ACCORDANCE WITH SUBDIVISION ONE OF SECTION SIXTY-SIX HUNDRED
SIX OF THIS TITLE. SUCH COLLABORATIVE ARRANGEMENT SHALL NOT OBVIATE OR
SUPERSEDE ANY LAW OR REGULATION WHICH REQUIRES IDENTIFIED SERVICES TO BE
PERFORMED UNDER THE PERSONAL SUPERVISION OF A DENTIST.
§ 6608-A. PRACTICE OF REGISTERED DENTAL ASSISTING AND USE OF TITLE
"REGISTERED DENTAL ASSISTANT". ONLY A PERSON CERTIFIED UNDER SECTION
SIXTY-SIX HUNDRED EIGHT-B OF THIS TITLE OR EXEMPT PURSUANT TO SECTION
SIXTY-SIX HUNDRED TEN OF THIS TITLE SHALL PRACTICE REGISTERED DENTAL
ASSISTING. ONLY A PERSON CERTIFIED PURSUANT TO SECTION SIXTY-SIX HUNDRED
EIGHT-B OF THIS TITLE SHALL USE THE TITLE "REGISTERED DENTAL ASSISTANT".
§ 6608-B. REQUIREMENTS FOR CERTIFICATION AS A REGISTERED DENTAL
ASSISTANT. TO QUALIFY FOR CERTIFICATION AS A REGISTERED DENTAL ASSIST-
ANT, AN APPLICANT SHALL FULFILL THE FOLLOWING REQUIREMENTS:
1. APPLICATION: FILE AN APPLICATION WITH THE DEPARTMENT;
2. AGE: BE AT LEAST EIGHTEEN YEARS OF AGE;
S. 4007--A 311 A. 3007--A
3. FEES: PAY A FEE OF FORTY-FIVE DOLLARS TO THE DEPARTMENT FOR INITIAL
CERTIFICATION AND A FEE OF FIFTY DOLLARS FOR EACH TRIENNIAL REGISTRATION
PERIOD;
4. EDUCATION AND EXPERIENCE: A. HAVE RECEIVED A HIGH SCHOOL DIPLOMA,
OR ITS EQUIVALENT, AND B. HAVE SUCCESSFULLY COMPLETED, IN ACCORDANCE
WITH THE COMMISSIONER'S REGULATIONS: (I) AN APPROVED ONE-YEAR COURSE OF
STUDY IN DENTAL ASSISTING IN A DEGREE-GRANTING INSTITUTION OR A BOARD OF
COOPERATIVE EDUCATIONAL SERVICES PROGRAM WHICH INCLUDES AT LEAST TWO
HUNDRED HOURS OF CLINICAL EXPERIENCE, OR AN EQUIVALENT APPROVED COURSE
OF STUDY IN DENTAL ASSISTING IN A NON-DEGREE GRANTING INSTITUTION WHICH
SHALL NOT BE A PROFESSIONAL ASSOCIATION OR PROFESSIONAL ORGANIZATION, OR
(II) AN ALTERNATE COURSE OF STUDY IN DENTAL ASSISTING ACCEPTABLE TO THE
DEPARTMENT WHICH SHALL BE PROVIDED BY A DEGREE-GRANTING INSTITUTION OR A
BOARD OF COOPERATIVE EDUCATIONAL SERVICES PROGRAM WHICH INCLUDES AT
LEAST ONE THOUSAND HOURS OF RELEVANT WORK EXPERIENCE;
5. EXAMINATION: PASS AN EXAMINATION IN DENTAL ASSISTING GIVEN BY AN
ORGANIZATION WHICH ADMINISTERS SUCH EXAMINATIONS AND WHICH IS ACCEPTABLE
TO THE DEPARTMENT; AND
6. CHARACTER: BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE DEPART-
MENT.
§ 6608-C. EXEMPT PERSONS; REGISTERED DENTAL ASSISTANT. NOTHING IN THIS
TITLE SHALL BE CONSTRUED TO AFFECT OR PREVENT A STUDENT FROM ENGAGING IN
ANY PROCEDURE AUTHORIZED UNDER SECTION SIXTY-SIX HUNDRED EIGHT OF THIS
TITLE IN CLINICAL PRACTICE AS PART OF A COURSE OF STUDY APPROVED BY THE
DEPARTMENT PURSUANT TO SUBDIVISION FOUR OF SECTION SIXTY-SIX HUNDRED
EIGHT-B OF THIS TITLE.
§ 6608-D. LIMITED PERMITS. THE DEPARTMENT SHALL ISSUE A LIMITED PERMIT
TO AN APPLICANT WHO MEETS ALL REQUIREMENTS FOR ADMISSION TO THE LICENS-
ING EXAMINATION. ALL PRACTICE UNDER A LIMITED PERMIT SHALL BE UNDER THE
DIRECT PERSONAL SUPERVISION OF A LICENSED DENTIST. LIMITED PERMITS SHALL
BE FOR ONE YEAR AND MAY BE RENEWED AT THE DISCRETION OF THE DEPARTMENT
FOR ONE ADDITIONAL YEAR. THE FEE FOR EACH LIMITED PERMIT AND FOR EACH
RENEWAL SHALL BE FORTY DOLLARS.
§ 6609. REQUIREMENTS FOR A LICENSE AS A DENTAL HYGIENIST. TO QUALIFY
FOR A LICENSE AS A DENTAL HYGIENIST, AN APPLICANT SHALL FULFILL THE
FOLLOWING REQUIREMENTS:
1. APPLICATION: FILE AN APPLICATION WITH THE DEPARTMENT;
2. EDUCATION: HAVE RECEIVED AN EDUCATION, INCLUDING HIGH SCHOOL GRADU-
ATION AND COMPLETION OF A PROGRAM IN DENTAL HYGIENE, IN ACCORDANCE WITH
THE COMMISSIONER'S REGULATIONS;
3. EXPERIENCE: HAVE EXPERIENCE SATISFACTORY TO THE BOARD AND IN
ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS;
4. EXAMINATION: PASS AN EXAMINATION SATISFACTORY TO THE BOARD AND IN
ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS;
5. AGE: BE AT LEAST SEVENTEEN YEARS OF AGE;
6. CITIZENSHIP OR IMMIGRATION STATUS: BE A UNITED STATES CITIZEN OR AN
ALIEN LAWFULLY ADMITTED FOR PERMANENT RESIDENCE IN THE UNITED STATES;
PROVIDED, HOWEVER, THAT THE DEPARTMENT MAY GRANT A THREE-YEAR WAIVER FOR
AN ALIEN TO PRACTICE IN AN AREA WHICH HAS BEEN DESIGNATED A FEDERAL
DENTAL HEALTH PROFESSIONS SHORTAGE AREA, EXCEPT THAT THE DEPARTMENT MAY
GRANT AN ADDITIONAL EXTENSION NOT TO EXCEED SIX YEARS TO AN ALIEN TO
ENABLE HIM OR HER TO SECURE CITIZENSHIP OR PERMANENT RESIDENT STATUS,
PROVIDED SUCH STATUS IS BEING ACTIVELY PURSUED;
7. CHARACTER: BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE DEPART-
MENT; AND
S. 4007--A 312 A. 3007--A
8. FEES: PAY A FEE OF ONE HUNDRED FIFTEEN DOLLARS TO THE DEPARTMENT
FOR ADMISSION TO A DEPARTMENT CONDUCTED EXAMINATION AND FOR AN INITIAL
LICENSE, A FEE OF FIFTY DOLLARS FOR EACH REEXAMINATION, A FEE OF SEVENTY
DOLLARS FOR AN INITIAL LICENSE FOR PERSONS NOT REQUIRING ADMISSION TO A
DEPARTMENT CONDUCTED EXAMINATION, AND A FEE OF FIFTY DOLLARS FOR EACH
TRIENNIAL REGISTRATION PERIOD.
§ 6609-A. MANDATORY CONTINUING EDUCATION FOR DENTAL HYGIENISTS. 1. A.
EACH DENTAL HYGIENIST, LICENSED PURSUANT TO THIS TITLE AND REQUIRED TO
REGISTER TRIENNIALLY WITH THE DEPARTMENT TO PRACTICE IN THIS STATE SHALL
COMPLY WITH THE PROVISIONS OF THE MANDATORY CONTINUING EDUCATION
REQUIREMENTS, EXCEPT AS SET FORTH IN PARAGRAPHS B AND C OF THIS SUBDIVI-
SION. DENTAL HYGIENISTS WHO DO NOT SATISFY THE MANDATORY CONTINUING
EDUCATION REQUIREMENTS SHALL NOT PRACTICE UNTIL THEY HAVE MET SUCH
REQUIREMENTS AND HAVE BEEN ISSUED A REGISTRATION OR CONDITIONAL REGIS-
TRATION CERTIFICATE.
B. DENTAL HYGIENISTS SHALL BE EXEMPT FROM THE MANDATORY CONTINUING
EDUCATION REQUIREMENT FOR THE TRIENNIAL REGISTRATION PERIOD DURING WHICH
THEY ARE FIRST LICENSED. IN ACCORDANCE WITH THE INTENT OF THIS SECTION,
ADJUSTMENTS TO THE MANDATORY CONTINUING EDUCATION REQUIREMENT MAY BE
GRANTED BY THE DEPARTMENT FOR REASONS OF HEALTH, CERTIFIED BY A PHYSI-
CIAN, 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 DENTAL HYGIENIST NOT ENGAGED IN THE PRACTICE OF DENTAL
HYGIENE SHALL BE EXEMPT FROM THE MANDATORY CONTINUING EDUCATION REQUIRE-
MENT UPON THE FILING OF A STATEMENT WITH THE DEPARTMENT DECLARING SUCH
STATUS. ANY LICENSEE WHO RETURNS TO THE PRACTICE OF DENTAL HYGIENE
DURING THE TRIENNIAL REGISTRATION PERIOD SHALL NOTIFY THE DEPARTMENT
PRIOR TO REENTERING THE PROFESSION AND SHALL MEET SUCH MANDATORY CONTIN-
UING EDUCATION REQUIREMENTS AS SHALL BE PRESCRIBED BY REGULATION OF THE
COMMISSIONER.
2. DURING EACH TRIENNIAL REGISTRATION PERIOD AN APPLICANT FOR REGIS-
TRATION SHALL COMPLETE A MINIMUM OF TWENTY-FOUR HOURS OF ACCEPTABLE
FORMAL CONTINUING EDUCATION INCLUDING CURRENTLY MANDATED CHILD ABUSE
REPORTING INSTRUCTION AND INFECTION CONTROL TRAINING AS APPROVED BY THE
DEPARTMENT. OF THESE TWENTY-FOUR HOURS A MAXIMUM OF TEN HOURS MAY BE
SELF-INSTRUCTIONAL COURSEWORK AS APPROVED BY THE DEPARTMENT. ANY DENTAL
HYGIENIST WHOSE FIRST REGISTRATION DATE FOLLOWING THE EFFECTIVE DATE OF
THIS SECTION OCCURS LESS THAN THREE YEARS FROM SUCH EFFECTIVE DATE, BUT
ON OR AFTER JANUARY FIRST, NINETEEN HUNDRED NINETY-EIGHT, SHALL COMPLETE
CONTINUING EDUCATION HOURS ON A PRORATED BASIS AT THE RATE OF ONE AND
ONE-QUARTER HOURS PER MONTH FOR THE PERIOD BEGINNING JANUARY FIRST,
NINETEEN HUNDRED NINETY-SEVEN UP TO THE FIRST REGISTRATION DATE THERE-
AFTER. A LICENSEE WHO HAS NOT SATISFIED THE MANDATORY CONTINUING EDUCA-
TION REQUIREMENTS SHALL NOT BE ISSUED A TRIENNIAL REGISTRATION CERTIF-
ICATE BY THE DEPARTMENT AND SHALL NOT PRACTICE UNLESS AND UNTIL A
CONDITIONAL REGISTRATION CERTIFICATE IS ISSUED AS PROVIDED IN SUBDIVI-
SION THREE OF THIS SECTION. THE INDIVIDUAL LICENSEE SHALL DETERMINE THE
SELECTION OF COURSES OR PROGRAMS OF STUDY PURSUANT TO SUBDIVISION FOUR
OF THIS SECTION.
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-
S. 4007--A 313 A. 3007--A
NIAL REGISTRATION. THE DURATION OF SUCH CONDITIONAL REGISTRATION SHALL
BE DETERMINED BY THE DEPARTMENT. ANY LICENSEE WHO IS NOTIFIED OF THE
DENIAL OF REGISTRATION FOR FAILURE TO SUBMIT EVIDENCE, SATISFACTORY TO
THE DEPARTMENT, OF COMPLETION OF REQUIRED CONTINUING EDUCATION AND WHO
PRACTICES DENTAL HYGIENE WITHOUT SUCH REGISTRATION, MAY BE SUBJECT TO
DISCIPLINARY PROCEEDINGS PURSUANT TO SECTION SIXTY-FIVE HUNDRED TEN OF
THIS ARTICLE.
4. AS USED IN THIS SECTION, "ACCEPTABLE FORMAL CONTINUING EDUCATION"
SHALL MEAN FORMAL PROGRAMS OF LEARNING WHICH CONTRIBUTE TO PROFESSIONAL
PRACTICE AND WHICH MEET THE STANDARDS PRESCRIBED BY REGULATIONS OF THE
COMMISSIONER. TO FULFILL THE MANDATORY CONTINUING EDUCATION REQUIREMENT,
PROGRAMS MUST BE TAKEN FROM SPONSORS APPROVED BY THE DEPARTMENT, PURSU-
ANT TO THE REGULATIONS OF THE COMMISSIONER.
5. THE MANDATORY CONTINUING EDUCATION FEE OF THIRTY DOLLARS SHALL BE
PAYABLE ON OR BEFORE THE FIRST DAY OF EACH TRIENNIAL REGISTRATION PERI-
OD, AND SHALL BE PAID IN ADDITION TO THE TRIENNIAL REGISTRATION FEE
REQUIRED BY SECTION SIXTY-SIX HUNDRED NINE OF THIS TITLE.
§ 6609-B. LIMITED PERMIT TO PRACTICE DENTAL HYGIENE. 1. A LIMITED
PERMIT TO PRACTICE DENTAL HYGIENE MAY BE GRANTED TO AN INDIVIDUAL WHO
HAS, TO THE SATISFACTION OF THE DEPARTMENT, MET ALL THE REQUIREMENTS OF
SECTION SIXTY-SIX HUNDRED NINE OF THIS TITLE, BUT HAS NOT YET PASSED THE
EXAMINATION REQUIRED BY SUBDIVISION FOUR OF SUCH SECTION.
2. A LIMITED PERMIT SHALL AUTHORIZE THE HOLDER TO PRACTICE DENTAL
HYGIENE AS DEFINED IN SECTION SIXTY-SIX HUNDRED SIX OF THIS TITLE, BUT
ONLY UNDER THE PERSONAL SUPERVISION OF A LICENSED DENTIST, AS DEFINED IN
REGULATIONS PROMULGATED BY THE COMMISSIONER.
3. LIMITED PERMITS SHALL BE ISSUED FOR A PERIOD OF ONE YEAR AND MAY BE
RENEWED AT THE DISCRETION OF THE DEPARTMENT FOR ONE ADDITIONAL YEAR.
4. THE FEE FOR A LIMITED PERMIT AND FOR EACH RENEWAL SHALL BE FIFTY
DOLLARS.
§ 6610. EXEMPT PERSONS; PRACTICE OF DENTAL HYGIENE. NOTHING IN THIS
TITLE SHALL BE CONSTRUED TO AFFECT OR PREVENT:
1. AN UNLICENSED PERSON FROM PERFORMING SOLELY MECHANICAL WORK UPON
INERT MATTER IN A DENTAL OFFICE OR ON A DENTAL LABORATORY PRESCRIPTION
OF A DENTIST HOLDING A LICENSE OR LIMITED PERMIT.
2. A STUDENT FROM ENGAGING IN CLINICAL PRACTICE AS PART OF A REGIS-
TERED PROGRAM OPERATED BY A SCHOOL OF DENTISTRY UNDER SUPERVISION OF A
DENTIST HOLDING A LICENSE OR LIMITED PERMIT FOR INSTRUCTING IN DENTISTRY
IN A SCHOOL OF DENTISTRY.
3. A STUDENT FROM ENGAGING IN ANY PROCEDURE AUTHORIZED UNDER SECTION
SIXTY-SIX HUNDRED SIX OF THIS TITLE IN CLINICAL PRACTICE AS PART OF A
REGISTERED PROGRAM IN DENTAL HYGIENE UNDER SUPERVISION OF A DENTIST
HOLDING A LICENSE OR A LIMITED PERMIT FOR INSTRUCTING IN DENTISTRY IN A
SCHOOL OF DENTAL HYGIENE.
4. AN EMPLOYEE OF A FEDERAL AGENCY FROM USING THE TITLE OF AND PRAC-
TICING AS A DENTIST OR DENTAL HYGIENIST INSOFAR AS SUCH ACTIVITIES ARE
REQUIRED BY HIS SALARIED POSITION.
5. A DENTIST OR A DENTAL HYGIENIST LICENSED IN SOME OTHER STATE OR
COUNTRY FROM MAKING A TEACHING CLINICAL DEMONSTRATION BEFORE A REGULARLY
ORGANIZED DENTAL OR MEDICAL SOCIETY OR GROUP, OR FROM MEETING LICENSED
DENTISTS IN THIS STATE FOR CONSULTATION, PROVIDED SUCH ACTIVITIES ARE
LIMITED TO SUCH DEMONSTRATION OR CONSULTATION.
6. A DENTIST LICENSED IN ANOTHER STATE OR COUNTRY WHO IS EMPLOYED ON A
FULL-TIME BASIS BY A REGISTERED DENTAL SCHOOL AS A FACULTY MEMBER WITH
THE RANK OF ASSISTANT PROFESSOR OR HIGHER FROM CONDUCTING RESEARCH AND
CLINICAL DEMONSTRATIONS AS A PART OF SUCH EMPLOYMENT, UNDER THE SUPER-
S. 4007--A 314 A. 3007--A
VISION OF A LICENSED DENTIST AND ON THE PREMISES OF THE SCHOOL. NO FEE
MAY BE CHARGED FOR THE PRACTICE OF DENTISTRY AUTHORIZED BY THIS SUBDIVI-
SION.
7. A DENTIST LICENSED IN ANOTHER STATE OR COUNTRY WHO IS VISITING AN
APPROVED DENTAL SCHOOL OR ANY OTHER ENTITY OPERATING A RESIDENCY PROGRAM
THAT HAS BEEN ACCREDITED BY A NATIONAL ACCREDITING BODY APPROVED BY THE
DEPARTMENT TO RECEIVE DENTAL INSTRUCTION FOR A PERIOD NOT TO EXCEED
NINETY DAYS FROM ENGAGING IN CLINICAL PRACTICE, PROVIDED SUCH PRACTICE
IS LIMITED TO SUCH INSTRUCTION AND IS UNDER THE DIRECT SUPERVISION OF A
LICENSED DENTIST.
8. ANY STUDENT MATRICULATED IN AN ACCREDITED DENTAL SCHOOL LOCATED
OUTSIDE NEW YORK STATE FROM ENGAGING IN APPROPRIATELY SUPERVISED CLIN-
ICAL PRACTICE AS PART OF THE SCHOOL'S DENTAL PROGRAM IN A TEACHING
HOSPITAL WHICH HAS A TEACHING AFFILIATION AGREEMENT WITH THE STUDENT'S
DENTAL SCHOOL.
§ 6611. SPECIAL PROVISIONS. 1. EXCEPT UPON THE WRITTEN DENTAL LABORA-
TORY PRESCRIPTION OF A LICENSED DENTIST AND EXCEPT BY THE USE OF
IMPRESSIONS OR CASTS MADE BY A LICENSED DENTIST, NO DENTAL LABORATORY
SHALL FURNISH, SUPPLY, CONSTRUCT, REPRODUCE, PLACE, ADJUST, OR REPAIR
ANY DENTAL PROSTHESIS, DEVICE, OR APPLIANCE. A DENTAL LABORATORY
PRESCRIPTION SHALL BE MADE OUT IN DUPLICATE. IT SHALL CONTAIN SUCH DATA
AS MAY BE PRESCRIBED BY THE COMMISSIONER'S REGULATIONS. ONE COPY SHALL
BE RETAINED BY THE PRACTITIONER OF DENTISTRY FOR A PERIOD OF ONE YEAR.
THE OTHER COPY SHALL BE ISSUED TO THE PERSON, FIRM OR CORPORATION
ENGAGED IN FILLING DENTAL LABORATORY PRESCRIPTIONS, WHO OR WHICH SHALL
EACH RETAIN AND FILE IN THEIR RESPECTIVE OFFICES OR PLACES OF BUSINESS
THEIR RESPECTIVE COPIES FOR A PERIOD OF ONE YEAR.
2. THE DEPARTMENT IS EMPOWERED TO INSPECT AND TO HAVE ACCESS TO ALL
PLACES, INCLUDING THE OFFICE OR OFFICES OF A LICENSED DENTIST, WHERE
COPIES OF DENTAL LABORATORY PRESCRIPTIONS ISSUED BY HIM OR HER ARE
RETAINED AS REQUIRED BY THIS SECTION, AND TO ALL PLACES WHERE DENTAL
LABORATORY PRESCRIPTIONS ARE FILLED OR TO ANY WORKROOM OR WORKROOMS IN
WHICH PROSTHETIC RESTORATIONS, PROSTHETIC DENTURES, BRIDGES, ORTHODONTIC
OR OTHER APPLIANCES OR STRUCTURES TO BE USED AS SUBSTITUTES FOR NATURAL
TEETH OR TISSUE OR FOR THE CORRECTION OF MALOCCLUSION OR DEFORMITIES ARE
MADE, REPAIRED OR ALTERED, WITH POWER TO SUBPOENA AND EXAMINE RECORDS OF
DENTAL LABORATORY PRESCRIPTIONS. A PERSON WHO FAILS TO GRANT ACCESS TO
SUCH PLACES OR WHO FAILS TO MAINTAIN PRESCRIPTIONS AS REQUIRED BY THIS
SECTION SHALL BE GUILTY OF A CLASS A MISDEMEANOR.
3. THE DEPARTMENT MAY ARRANGE FOR THE CONDUCT OF CLINICAL EXAMINATIONS
IN THE CLINIC OF ANY SCHOOL OF DENTISTRY OR DENTAL HYGIENE WITHIN OR
OUTSIDE THE STATE FOR DENTAL OR DENTAL HYGIENE CANDIDATES.
4. A NOT-FOR-PROFIT DENTAL OR MEDICAL EXPENSE INDEMNITY CORPORATION OR
HOSPITAL SERVICE CORPORATION ORGANIZED UNDER THE INSURANCE LAW OR PURSU-
ANT TO SPECIAL LEGISLATION MAY ENTER INTO CONTRACTS WITH DENTISTS OR
PARTNERSHIPS OF DENTISTS TO PROVIDE DENTAL CARE ON ITS BEHALF FOR
PERSONS INSURED UNDER ITS CONTRACTS OR POLICIES.
5. LEGALLY INCORPORATED DENTAL CORPORATIONS EXISTING AND IN OPERATION
PRIOR TO JANUARY FIRST, NINETEEN HUNDRED SIXTEEN, MAY CONTINUE TO OPER-
ATE THROUGH LICENSED DENTISTS WHILE CONFORMING TO THE PROVISIONS OF THIS
TITLE. ANY SUCH CORPORATION WHICH SHALL BE DISSOLVED OR CEASE TO EXIST
OR OPERATE FOR ANY REASON WHATSOEVER SHALL NOT BE PERMITTED TO RESUME
OPERATIONS. NO SUCH CORPORATION SHALL CHANGE ITS NAME OR SELL ITS FRAN-
CHISE OR TRANSFER ITS CORPORATE RIGHTS DIRECTLY OR INDIRECTLY, BY TRANS-
FER OF CAPITAL STOCK CONTROL OR OTHERWISE, TO ANY PERSON OR TO ANOTHER
CORPORATION WITHOUT PERMISSION FROM THE DEPARTMENT, AND ANY CORPORATION
S. 4007--A 315 A. 3007--A
SO CHANGING ITS NAME OR SO TRANSFERRING ITS FRANCHISE OR CORPORATE
RIGHTS WITHOUT SUCH PERMISSION SHALL BE DEEMED TO HAVE FORFEITED ITS
RIGHTS TO EXIST AND MAY BE DISSOLVED BY AN ACTION BROUGHT BY THE ATTOR-
NEY GENERAL.
6. NOTWITHSTANDING ANY INCONSISTENT PROVISION OF ANY GENERAL, SPECIAL
OR LOCAL LAW, ANY LICENSED DENTIST WHO VOLUNTARILY AND WITHOUT THE
EXPECTATION OF MONETARY COMPENSATION RENDERS FIRST AID OR EMERGENCY
TREATMENT AT THE SCENE OF AN ACCIDENT OR OTHER EMERGENCY, OUTSIDE OF A
HOSPITAL OR ANY OTHER PLACE HAVING PROPER AND NECESSARY MEDICAL EQUIP-
MENT, TO A PERSON WHO IS UNCONSCIOUS, ILL OR INJURED SHALL NOT BE LIABLE
FOR DAMAGES FOR INJURIES ALLEGED TO HAVE BEEN SUSTAINED BY SUCH PERSON
OR FOR DAMAGES FOR THE DEATH OF SUCH PERSON ALLEGED TO HAVE OCCURRED BY
REASON OF AN ACT OR OMISSION IN THE RENDERING OF SUCH FIRST AID OR EMER-
GENCY TREATMENT UNLESS IT IS ESTABLISHED THAT SUCH INJURIES WERE OR SUCH
DEATH WAS CAUSED BY GROSS NEGLIGENCE ON THE PART OF SUCH DENTIST. NOTH-
ING IN THIS SUBDIVISION SHALL BE DEEMED OR CONSTRUED TO RELIEVE A
LICENSED DENTIST FROM LIABILITY FOR DAMAGES FOR INJURIES OR DEATH CAUSED
BY AN ACT OR OMISSION ON THE PART OF A DENTIST WHILE RENDERING PROFES-
SIONAL SERVICES IN THE NORMAL AND ORDINARY COURSE OF PRACTICE.
7. ANY DENTIST OR DENTAL HYGIENIST, WHO IN THE PERFORMANCE OF DENTAL
SERVICES, X-RAYS THE MOUTH OR TEETH OF A PATIENT SHALL DURING THE
PERFORMANCE OF SUCH X-RAYS SHIELD THE TORSO AND THYROID AREA OF SUCH
PATIENT INCLUDING BUT NOT LIMITED TO THE GONADS AND OTHER REPRODUCTIVE
ORGANS WITH A LEAD APRON THYROID COLLAR, OR OTHER SIMILAR PROTECTIVE
GARMENT OR DEVICE. NOTWITHSTANDING THE PROVISIONS OF THIS SUBDIVISION,
IF IN THE DENTIST'S PROFESSIONAL JUDGMENT THE USE OF A THYROID COLLAR
WOULD BE INAPPROPRIATE UNDER THE CIRCUMSTANCES, BECAUSE OF THE NATURE OF
THE PATIENT, THE TYPE OF X-RAY BEING TAKEN, OR OTHER FACTORS, THE
DENTIST OR DENTAL HYGIENIST NEED NOT SHIELD THE THYROID AREA.
8. AN UNLICENSED PERSON MAY PROVIDE SUPPORTIVE SERVICES TO A DENTIST
INCIDENTAL TO AND CONCURRENT WITH SUCH DENTIST PERSONALLY PERFORMING A
SERVICE OR PROCEDURE. NOTHING IN THIS SUBDIVISION SHALL BE CONSTRUED TO
ALLOW AN UNLICENSED PERSON TO PROVIDE ANY SERVICE WHICH CONSTITUTES THE
PRACTICE OF DENTISTRY OR DENTAL HYGIENE AS DEFINED IN THIS TITLE.
9. THERE SHALL BE NO MONETARY LIABILITY ON THE PART OF, AND NO CAUSE
OF ACTION FOR DAMAGES SHALL ARISE AGAINST, ANY PERSON, PARTNERSHIP,
CORPORATION, FIRM, SOCIETY, OR OTHER ENTITY ON ACCOUNT OF THE COMMUNI-
CATION OF INFORMATION IN THE POSSESSION OF SUCH PERSON OR ENTITY, OR ON
ACCOUNT OF ANY RECOMMENDATION OR EVALUATION, REGARDING THE QUALIFICA-
TIONS, FITNESS, OR PROFESSIONAL CONDUCT OR PRACTICES OF A DENTIST, TO
ANY GOVERNMENTAL AGENCY, DENTAL OR SPECIALISTS SOCIETY, OR HOSPITAL AS
DEFINED IN ARTICLE TWENTY-EIGHT OF THIS CHAPTER. THE FOREGOING SHALL
NOT APPLY TO INFORMATION WHICH IS UNTRUE AND COMMUNICATED WITH MALICIOUS
INTENT.
10. EACH DENTIST AND REGISTERED DENTAL HYGIENIST WORKING FOR A HOSPI-
TAL AS DEFINED IN ARTICLE TWENTY-EIGHT OF THIS CHAPTER WHO PRACTICES IN
COLLABORATION WITH A LICENSED DENTIST SHALL BECOME CERTIFIED IN CARDIOP-
ULMONARY RESUSCITATION (CPR) FROM AN APPROVED PROVIDER AND THEREAFTER
MAINTAIN CURRENT CERTIFICATION, WHICH SHALL BE INCLUDED IN THE MANDATORY
HOURS OF CONTINUING EDUCATION ACCEPTABLE FOR DENTISTS TO THE EXTENT
PROVIDED IN THE COMMISSIONER'S REGULATIONS. IN THE EVENT THE DENTIST OR
REGISTERED DENTAL HYGIENIST CANNOT PHYSICALLY PERFORM CPR, THE COMMIS-
SIONER'S REGULATIONS SHALL ALLOW THE DENTIST OR REGISTERED DENTAL
HYGIENIST TO MAKE ARRANGEMENTS FOR ANOTHER INDIVIDUAL IN THE OFFICE TO
ADMINISTER CPR. ALL DENTAL FACILITIES SHALL HAVE AN AUTOMATIC EXTERNAL
DEFIBRILLATOR OR OTHER DEFIBRILLATOR AT THE FACILITY.
S. 4007--A 316 A. 3007--A
§ 6612. IDENTIFICATION OF REMOVABLE FULL OR PARTIAL PROSTHETIC
DEVICES. 1. EXCEPT AS PROVIDED HEREIN, EVERY DENTIST LICENSED IN THIS
STATE MAKING OR DIRECTING TO BE MADE A REMOVABLE PROSTHETIC DENTURE,
BRIDGE, APPLIANCE OR OTHER STRUCTURE TO BE USED AND WORN AS A SUBSTITUTE
FOR NATURAL TEETH, SHALL OFFER TO THE PATIENT FOR WHOM THE PROSTHESIS IS
INTENDED THE OPPORTUNITY TO HAVE SUCH PROSTHESIS MARKED WITH THE
PATIENT'S NAME OR INITIALS. SUCH MARKINGS SHALL BE ACCOMPLISHED AT THE
TIME THE PROSTHESIS IS MADE AND THE LOCATION AND METHODS USED TO APPLY
OR IMPLANT THEM SHALL BE DETERMINED BY THE DENTIST OR THE PERSON ACTING
ON BEHALF OF THE DENTIST. SUCH MARKING SHALL BE PERMANENT, LEGIBLE AND
COSMETICALLY ACCEPTABLE.
2. NOTWITHSTANDING THE FOREGOING, IF IN THE JUDGMENT OF THE DENTIST OR
THE PERSON MAKING THE PROSTHESIS, SUCH IDENTIFICATION IS NOT PRACTICABLE
OR CLINICALLY SAFE, THE IDENTIFICATION MARKS MAY BE OMITTED ENTIRELY.
3. THE COMMISSIONER SHALL ADOPT RULES AND REGULATIONS AND PROVIDE
STANDARDS NECESSARY TO CARRY OUT THE PROVISIONS OF THIS SECTION.
§ 6613. NITROUS OXIDE EQUIPMENT. ANY MACHINE USED IN A DENTAL OFFICE
FOR THE ADMINISTRATION OF NITROUS OXIDE TO A PATIENT SHALL BE EQUIPPED
WITH A SCAVENGING SYSTEM THAT APPROPRIATELY MINIMIZES LEAKAGE OF NITROUS
OXIDE.
TITLE 8
LICENSED PERFUSIONISTS
SECTION 6630. DEFINITIONS.
6631. PRACTICE OF PERFUSION AND USE OF TITLE "LICENSED PERFU-
SIONIST".
6632. REQUIREMENTS FOR LICENSURE AS A PERFUSIONIST.
6633. SPECIAL PROVISIONS.
6634. STATE COMMITTEE FOR PERFUSION.
6635. LIMITED PERMITS.
6636. EXEMPT PERSONS.
§ 6630. DEFINITIONS. AS USED IN THIS TITLE: 1. THE TERM "PERFUSIONIST"
MEANS A PERSON WHO IS LICENSED TO PRACTICE PERFUSION PURSUANT TO THIS
TITLE.
2. THE TERM "REGISTERED PROGRAM" MEANS A PROGRAM FOR THE EDUCATION OF
PERFUSIONISTS WHICH HAS BEEN REGISTERED BY THE DEPARTMENT OR DETERMINED
BY THE DEPARTMENT TO BE THE SUBSTANTIAL EQUIVALENT.
3. A. THE TERM "PERFUSION" MEANS THE PROVISION OF EXTRACORPOREAL OR
INTRACORPOREAL PATIENT CARE SERVICES TO SUPPORT OR REPLACE THE CIRCULA-
TORY OR RESPIRATORY FUNCTION OF A PATIENT, INCLUDING THE ADMINISTRATION
OF PHARMACOLOGICAL AND THERAPEUTIC AGENTS, AND BLOOD PRODUCTS, AND THE
MANAGEMENT, TREATMENT AND MONITORING OF THE PHYSIOLOGICAL STATUS OF A
PATIENT DURING THE OPERATION OF EXTRACORPOREAL CIRCULATION EQUIPMENT OR
INTRACORPOREAL EQUIPMENT THAT REPLACES OR SUPPORT CIRCULATORY OR RESPIR-
ATORY FUNCTIONS.
B. ALL PERFUSION SERVICES SHALL BE PURSUANT TO THE ORDER AND DIRECTION
OF A PHYSICIAN. PERFUSION SERVICES MAY BE PERFORMED IN A GENERAL HOSPI-
TAL LICENSED PURSUANT TO ARTICLE TWENTY-EIGHT OF THIS CHAPTER OR DURING
THE TRANSPORT OF PATIENTS OR ORGANS SUPPORTED BY EXTRACORPOREAL OR
INTRACORPOREAL EQUIPMENT.
4. THE TERM "COMMITTEE" MEANS THE STATE COMMITTEE FOR PERFUSION
CREATED BY SECTION SIXTY-SIX HUNDRED THIRTY-FOUR OF THIS TITLE.
§ 6631. PRACTICE OF PERFUSION AND USE OF TITLE "LICENSED PERFUSION-
IST". ONLY A PERSON LICENSED OR EXEMPT UNDER THIS TITLE SHALL PRACTICE
PERFUSION. ONLY PERSONS LICENSED AS PERFUSIONISTS MAY USE THE TITLE
"LICENSED PERFUSIONIST".
S. 4007--A 317 A. 3007--A
§ 6632. REQUIREMENTS FOR LICENSURE AS A PERFUSIONIST. TO QUALIFY FOR
LICENSURE AS A "LICENSED PERFUSIONIST", AN APPLICANT SHALL FULFILL THE
FOLLOWING REQUIREMENTS:
1. APPLICATION: FILE AN APPLICATION WITH THE DEPARTMENT;
2. EDUCATION:
A. HAS SUCCESSFULLY COMPLETED A BACCALAUREATE OR HIGHER DEGREE IN
PERFUSION REGISTERED BY THE DEPARTMENT, OR THE SUBSTANTIAL EQUIVALENT AS
DETERMINED BY THE DEPARTMENT; OR
B. HAS COMPLETED A BACCALAUREATE OR HIGHER DEGREE AND A CREDIT BEARING
CERTIFICATE PROGRAM IN PERFUSION ACCEPTABLE TO THE DEPARTMENT; OR
C. UNTIL TWO YEARS FROM THE EFFECTIVE DATE OF THIS TITLE, HAS
COMPLETED A BACCALAUREATE OR HIGHER DEGREE AND AN ACCREDITED TRAINING
PROGRAM IN PERFUSION ACCEPTABLE TO THE DEPARTMENT PURSUANT TO REGU-
LATIONS.
3. EXAMINATION: HAS OBTAINED A PASSING SCORE ON AN EXAMINATION ACCEPT-
ABLE TO THE DEPARTMENT;
4. AGE: AT THE TIME OF APPLICATION IS AT LEAST TWENTY-ONE YEARS OF
AGE;
5. CHARACTER: BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE DEPART-
MENT; AND
6. FEE: PAY A FEE DETERMINED BY THE DEPARTMENT FOR AN INITIAL LICENSE
AND FOR EACH TRIENNIAL REGISTRATION PERIOD.
§ 6633. SPECIAL PROVISIONS. AN INDIVIDUAL WHO MEETS THE REQUIREMENTS
FOR A LICENSE AS A LICENSED PERFUSIONIST EXCEPT FOR EXAMINATION, EXPERI-
ENCE AND EDUCATION AND WHO MEETS THE REQUIREMENTS ENUMERATED UNDER
SUBDIVISIONS ONE OR TWO OF THIS SECTION MAY BE LICENSED WITHOUT MEETING
ADDITIONAL REQUIREMENTS PROVIDED THAT SUCH INDIVIDUAL SUBMITS AN APPLI-
CATION TO THE DEPARTMENT WITHIN TWO YEARS OF THE EFFECTIVE DATE OF THIS
SECTION.
1. APPLICANTS MAY BE LICENSED IF THEY HAVE BEEN PRACTICING AS A PERFU-
SIONIST FOR FIVE YEARS IN THE PAST TEN YEARS IN AN INPATIENT UNIT THAT
PROVIDES CARDIAC SURGERY SERVICES IN A HOSPITAL APPROVED BY THE DEPART-
MENT OR A SUBSTANTIALLY EQUIVALENT ACCREDITING BODY ACCEPTABLE TO THE
COMMITTEE AND THE DEPARTMENT AT LEAST THREE OF SUCH YEARS OF EXPERIENCE
HAVING OCCURRED DURING THE PAST FIVE YEARS.
2. APPLICANTS WHO POSSESS CERTIFICATION FROM A NATIONAL CERTIFICATION
ORGANIZATION ACCEPTABLE TO THE COMMITTEE AND THE DEPARTMENT MAY BE
LICENSED IF THEY HAVE BEEN EMPLOYED AS A PERFUSIONIST FOR THREE OF THE
PAST FIVE YEARS.
§ 6634. STATE COMMITTEE FOR PERFUSION. 1. A STATE COMMITTEE FOR PERFU-
SION SHALL BE APPOINTED BY THE DEPARTMENT UPON THE RECOMMENDATION OF THE
COMMISSIONER AS A COMMITTEE OF THE BOARD FOR MEDICINE TO ADVISE SOLELY
IN MATTERS RELATING TO PERFUSION AND SHALL ASSIST ON MATTERS OF LICEN-
SURE AND PROFESSIONAL CONDUCT.
2. THE COMMITTEE SHALL CONSIST OF NO FEWER THAN EIGHT INDIVIDUALS, TO
BE COMPOSED OF A MINIMUM OF THE FOLLOWING:
A. FOUR LICENSED PERFUSIONISTS;
B. TWO LICENSED PHYSICIANS; AND
C. TWO REPRESENTATIVES OF THE PUBLIC AT LARGE.
§ 6635. LIMITED PERMITS. 1. ELIGIBILITY. A PERSON WHO FULFILLS ALL
REQUIREMENTS FOR LICENSURE AS A PERFUSIONIST EXCEPT THAT RELATING TO THE
EXAMINATION SHALL BE ELIGIBLE FOR A LIMITED PERMIT.
2. LIMIT OF PRACTICE. A PERMITTEE SHALL BE AUTHORIZED TO PRACTICE AS A
PERFUSIONIST ONLY UNDER THE SUPERVISION OF A LICENSED PERFUSIONIST AND
PURSUANT TO THE ORDER AND DIRECTION OF A PHYSICIAN.
S. 4007--A 318 A. 3007--A
3. DURATION. A LIMITED PERMIT SHALL EXPIRE ONE YEAR FROM THE DATE OF
ISSUANCE. A LIMITED PERMIT MAY BE EXTENDED FOR ONE ADDITIONAL YEAR FOR
GOOD CAUSE AS DETERMINED BY THE DEPARTMENT.
4. FEES. THE FEE FOR EACH LIMITED PERMIT SHALL BE ONE HUNDRED FIVE
DOLLARS.
§ 6636. EXEMPT PERSONS. THIS TITLE SHALL NOT PROHIBIT:
1. THE PRACTICE OF PERFUSION BY ANY STUDENT WHO IS ENGAGED IN CLINICAL
TRAINING IN A GENERAL HOSPITAL LICENSED PURSUANT TO ARTICLE TWENTY-EIGHT
OF THIS CHAPTER OR DURING THE TRANSPORT OF PATIENTS OR ORGANS SUPPORTED
BY EXTRACORPOREAL OR INTRACORPOREAL EQUIPMENT AND WHO IS ENROLLED IN A
PERFUSION PROGRAM APPROVED BY THE DEPARTMENT, PROVIDED SUCH PRACTICE IS
LIMITED TO SUCH CLINICAL TRAINING WHICH SHALL BE CARRIED OUT UNDER THE
DIRECT SUPERVISION OF A LICENSED PERFUSIONIST AND PURSUANT TO THE ORDER
AND DIRECTION OF A PHYSICIAN; OR
2. THE PERFORMANCE OF ANY OF THE TASKS OR RESPONSIBILITIES INCLUDED IN
THE DEFINITION OF PERFUSION BY ANY OTHER PERSON LICENSED UNDER THIS
ARTICLE, PROVIDED THAT SUCH TASKS OR RESPONSIBILITIES ARE AUTHORIZED BY
THE TITLE GOVERNING THE PROFESSION PURSUANT TO WHICH SAID PERSON IS
LICENSED; OR
3. THE PRACTICE OF PERFUSION BY ANY LEGALLY QUALIFIED PERFUSIONIST OF
ANY OTHER STATE OR TERRITORY WHO IS SERVING IN THE ARMED FORCES OR THE
PUBLIC HEALTH SERVICE OF THE UNITED STATES OR WHO IS EMPLOYED BY THE
VETERANS ADMINISTRATION, WHILE ENGAGED IN THE PERFORMANCE OF HIS OR HER
DUTIES.
TITLE 9
PHYSICAL THERAPY AND PHYSICAL THERAPIST ASSISTANTS
SECTION 6730. INTRODUCTION.
6731. DEFINITION OF PHYSICAL THERAPY.
6732. PRACTICE OF PHYSICAL THERAPY AND THE USE OF TITLE "PHYS-
ICAL THERAPIST".
6733. STATE BOARD FOR PHYSICAL THERAPY.
6734. REQUIREMENTS FOR A PROFESSIONAL LICENSE.
6735. LIMITED PERMITS; PHYSICAL THERAPIST.
6736. EXEMPT PERSONS.
6737. NON-LIABILITY OF LICENSED PHYSICAL THERAPISTS FOR FIRST
AID OR EMERGENCY TREATMENT.
6738. DEFINITION OF PHYSICAL THERAPIST ASSISTANT.
6739. DUTIES OF PHYSICAL THERAPIST ASSISTANTS AND THE USE OF
TITLE "PHYSICAL THERAPIST ASSISTANT".
6740. REQUIREMENTS FOR CERTIFICATION AS A PHYSICAL THERAPIST
ASSISTANT.
6741. EXEMPTION.
6741-A. LIMITED PERMITS; PHYSICAL THERAPIST ASSISTANT.
6742. SPECIAL PROVISIONS.
6742-A. MANDATORY CONTINUING EDUCATION.
6743. VALIDITY OF EXISTING LICENSES.
§ 6730. INTRODUCTION. THIS TITLE APPLIES TO THE PROFESSION OF PHYSICAL
THERAPY AND PROVIDES FOR THE LICENSING OF PHYSICAL THERAPISTS AND FOR
THE CERTIFICATION OF PHYSICAL THERAPIST ASSISTANTS. THE GENERAL
PROVISIONS FOR ALL PROFESSIONS CONTAINED IN TITLE ONE OF THIS ARTICLE
APPLY TO THIS TITLE.
§ 6731. DEFINITION OF PHYSICAL THERAPY. PHYSICAL THERAPY IS DEFINED
AS:
1. THE EVALUATION, TREATMENT OR PREVENTION OF DISABILITY, INJURY,
DISEASE, OR OTHER CONDITION OF HEALTH USING PHYSICAL, CHEMICAL, AND
S. 4007--A 319 A. 3007--A
MECHANICAL MEANS INCLUDING, BUT NOT LIMITED TO HEAT, COLD, LIGHT, AIR,
WATER, SOUND, ELECTRICITY, MASSAGE, MOBILIZATION, AND THERAPEUTIC EXER-
CISE WITH OR WITHOUT ASSISTIVE DEVICES, AND THE PERFORMANCE AND INTER-
PRETATION OF TESTS AND MEASUREMENTS TO ASSESS PATHOPHYSIOLOGICAL, PATHO-
MECHANICAL, AND DEVELOPMENTAL DEFICITS OF HUMAN SYSTEMS TO DETERMINE
TREATMENT, AND ASSIST IN DIAGNOSIS AND PROGNOSIS.
2. THE USE OF ROENTGEN RAYS OR RADIUM, OR THE USE OF ELECTRICITY FOR
SURGICAL PURPOSES SUCH AS CAUTERIZATION SHALL NOT BE INCLUDED IN THE
PRACTICE OF PHYSICAL THERAPY.
3. SUCH TREATMENT SHALL BE RENDERED PURSUANT TO A REFERRAL WHICH MAY
BE DIRECTIVE AS TO TREATMENT BY A LICENSED PHYSICIAN, DENTIST, PODIA-
TRIST, NURSE PRACTITIONER OR LICENSED MIDWIFE, EACH ACTING WITHIN HIS OR
HER LAWFUL SCOPE OF PRACTICE, AND IN ACCORDANCE WITH THEIR DIAGNOSIS,
EXCEPT AS PROVIDED IN SUBDIVISION FOUR OF THIS SECTION.
4. SUCH TREATMENT MAY BE RENDERED BY A LICENSED PHYSICAL THERAPIST FOR
TEN VISITS OR THIRTY DAYS, WHICHEVER SHALL OCCUR FIRST, WITHOUT A REFER-
RAL FROM A PHYSICIAN, DENTIST, PODIATRIST, NURSE PRACTITIONER OR
LICENSED MIDWIFE PROVIDED THAT:
A. THE LICENSED PHYSICAL THERAPIST HAS PRACTICED PHYSICAL THERAPY ON A
FULL-TIME BASIS EQUIVALENT TO NOT LESS THAN THREE YEARS.
B. EACH PHYSICAL THERAPIST LICENSED PURSUANT TO THIS TITLE SHALL
PROVIDE WRITTEN NOTICE TO EACH PATIENT RECEIVING TREATMENT ABSENT A
REFERRAL FROM A PHYSICIAN, DENTIST, PODIATRIST, NURSE PRACTITIONER OR
LICENSED MIDWIFE THAT PHYSICAL THERAPY MAY NOT BE COVERED BY THE
PATIENT'S HEALTH CARE PLAN OR INSURER WITHOUT SUCH A REFERRAL AND THAT
SUCH TREATMENT MAY BE A COVERED EXPENSE IF RENDERED PURSUANT TO A REFER-
RAL. THE PHYSICAL THERAPIST SHALL KEEP ON FILE WITH THE PATIENT'S
RECORDS A FORM ATTESTING TO THE PATIENT'S NOTICE OF SUCH ADVICE. SUCH
FORM SHALL BE IN DUPLICATE, WITH ONE COPY TO BE RETAINED BY THE PATIENT,
SIGNED AND DATED BY BOTH THE PHYSICAL THERAPIST AND THE PATIENT IN SUCH
FORM AS PRESCRIBED PURSUANT TO REGULATIONS PROMULGATED BY THE COMMIS-
SIONER.
§ 6732. PRACTICE OF PHYSICAL THERAPY AND THE USE OF TITLE "PHYSICAL
THERAPIST". ONLY A PERSON LICENSED OR OTHERWISE AUTHORIZED UNDER THIS
TITLE SHALL PRACTICE PHYSICAL THERAPY OR USE THE TITLE "PHYSICAL THERA-
PIST", "PHYSIOTHERAPIST" OR "MECHANOTHERAPIST" OR THE ABBREVIATION OF
"P.T." IN CONNECTION WITH HIS OR HER NAME OR WITH ANY TRADE NAME IN THE
CONDUCT OF HIS OR HER PROFESSION. ONLY A PERSON LICENSED OR OTHERWISE
AUTHORIZED UNDER THIS TITLE TO PRACTICE PHYSICAL THERAPY, AND WHO HAS
OBTAINED A DOCTORATE IN PHYSICAL THERAPY MAY USE THE TITLE "DOCTOR OF
PHYSICAL THERAPY" OR ABBREVIATION "D.P.T." IN CONNECTION WITH HIS OR HER
NAME OR WITH ANY TRADE NAME TO INDICATE OR IMPLY THAT THE PERSON IS
LICENSED OR OTHERWISE AUTHORIZED TO PRACTICE PHYSICAL THERAPY.
§ 6733. STATE BOARD FOR PHYSICAL THERAPY. A STATE BOARD FOR PHYSICAL
THERAPY SHALL BE APPOINTED BY THE DEPARTMENT ON RECOMMENDATION OF THE
COMMISSIONER FOR THE PURPOSE OF ASSISTING THE DEPARTMENT ON MATTERS OF
PROFESSIONAL LICENSING AND PROFESSIONAL CONDUCT IN ACCORDANCE WITH
SECTION SIXTY-FIVE HUNDRED EIGHT OF THIS ARTICLE. THE BOARD SHALL BE
COMPOSED OF NOT LESS THAN EIGHT LICENSED PHYSICAL THERAPISTS AND NOT
LESS THAN ONE PUBLIC REPRESENTATIVE. AN EXECUTIVE SECRETARY TO THE BOARD
SHALL BE APPOINTED BY THE DEPARTMENT ON RECOMMENDATION OF THE COMMIS-
SIONER.
§ 6734. REQUIREMENTS FOR A PROFESSIONAL LICENSE. TO QUALIFY FOR A
LICENSE AS A PHYSICAL THERAPIST, AN APPLICANT SHALL FULFILL THE FOLLOW-
ING REQUIREMENTS:
1. APPLICATION: FILE AN APPLICATION WITH THE DEPARTMENT;
S. 4007--A 320 A. 3007--A
2. EDUCATION: HAVE RECEIVED AN EDUCATION, INCLUDING COMPLETION OF A
MASTER'S DEGREE OR HIGHER IN PHYSICAL THERAPY OR DETERMINED TO BE EQUIV-
ALENT, IN ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS;
3. EXPERIENCE: HAVE EXPERIENCE SATISFACTORY TO THE BOARD IN ACCORDANCE
WITH THE COMMISSIONER'S REGULATIONS;
4. EXAMINATION: PASS AN EXAMINATION SATISFACTORY TO THE BOARD AND IN
ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS;
5. AGE: BE AT LEAST TWENTY-ONE YEARS OF AGE;
6. CHARACTER: BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE DEPART-
MENT; AND
7. FEES: PAY A FEE OF ONE HUNDRED SEVENTY-FIVE DOLLARS TO THE DEPART-
MENT FOR ADMISSION TO A DEPARTMENT CONDUCTED EXAMINATION AND FOR AN
INITIAL LICENSE; A FEE OF EIGHTY-FIVE DOLLARS FOR EACH REEXAMINATION; A
FEE OF ONE HUNDRED FIFTEEN DOLLARS FOR AN INITIAL LICENSE FOR PERSONS
NOT REQUIRING ADMISSION TO A DEPARTMENT CONDUCTED EXAMINATION; AND A FEE
OF ONE HUNDRED FIFTY-FIVE DOLLARS FOR EACH TRIENNIAL REGISTRATION PERI-
OD.
§ 6735. LIMITED PERMITS; PHYSICAL THERAPIST. 1. THE DEPARTMENT SHALL
ISSUE A LIMITED PERMIT TO AN APPLICANT WHO MEETS ALL REQUIREMENTS FOR
ADMISSION TO THE LICENSING EXAMINATION.
2. ALL PRACTICE UNDER A LIMITED PERMIT SHALL BE UNDER THE SUPERVISION
OF A LICENSED PHYSICAL THERAPIST IN A PUBLIC 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 PHYSICAL THERAPIST, OR IN THE CIVIL
SERVICE OF THE STATE OR POLITICAL SUBDIVISION THEREOF.
3. LIMITED PERMITS SHALL BE FOR SIX MONTHS AND THE DEPARTMENT MAY FOR
JUSTIFIABLE CAUSE RENEW A LIMITED PERMIT PROVIDED THAT NO APPLICANT
SHALL PRACTICE UNDER ANY LIMITED PERMIT FOR MORE THAN A TOTAL OF ONE
YEAR.
4. SUPERVISION OF A PERMITTEE BY A LICENSED PHYSICAL THERAPIST SHALL
BE ON-SITE SUPERVISION AND NOT NECESSARILY DIRECT PERSONAL SUPERVISION
EXCEPT THAT SUCH SUPERVISION NEED NOT BE ON-SITE WHEN THE SUPERVISING
PHYSICAL THERAPIST HAS DETERMINED, THROUGH EVALUATION, THE SETTING OF
GOALS AND THE ESTABLISHMENT OF A TREATMENT PLAN, THAT THE PROGRAM IS ONE
OF MAINTENANCE AS DEFINED PURSUANT TO TITLE XVIII OF THE FEDERAL SOCIAL
SECURITY ACT.
5. THE FEE FOR EACH LIMITED PERMIT AND FOR EACH RENEWAL SHALL BE
SEVENTY DOLLARS.
§ 6736. EXEMPT PERSONS. 1. THIS TITLE SHALL NOT BE CONSTRUED TO AFFECT
OR PREVENT THE ADMINISTRATION OF PHYSICAL THERAPY OR THE USE OF MODALI-
TIES BY A PERSON EMPLOYED BY A LICENSED PHYSICIAN OR PHYSICAL THERAPIST
IN HIS OR HER OFFICE, OR IN THE CIVIL SERVICE OF THE STATE OR ANY POLI-
TICAL SUBDIVISION THEREOF, OR IN A HOSPITAL OR CLINIC, OR IN AN INFIR-
MARY MAINTAINED BY A PERSON, FIRM OR CORPORATION EMPLOYING ONE OR MORE
FULL-TIME LICENSED PHYSICIANS OR PHYSICAL THERAPISTS, PROVIDED THAT SUCH
PERSON WAS SO EMPLOYED FOR A PERIOD OF AT LEAST TWO YEARS PRIOR TO APRIL
TENTH, NINETEEN HUNDRED FIFTY, AND HAS BEEN ISSUED A WRITTEN AUTHORI-
ZATION BY THE DEPARTMENT.
2. THIS TITLE SHALL NOT BE CONSTRUED TO AFFECT OR PREVENT:
A. A PHYSICAL THERAPY STUDENT FROM ENGAGING IN CLINICAL PRACTICE UNDER
THE SUPERVISION OF A LICENSED PHYSICAL THERAPIST AS PART OF A PROGRAM
CONDUCTED IN AN APPROVED SCHOOL OF PHYSICAL THERAPY OR IN A CLINICAL
FACILITY OR HEALTH CARE AGENCY AFFILIATED WITH THE SCHOOL OF PHYSICAL
THERAPY AND SUPERVISION OF A PHYSICAL THERAPY STUDENT BY A LICENSED
S. 4007--A 321 A. 3007--A
PHYSICAL THERAPIST SHALL BE ON-SITE SUPERVISION AND NOT NECESSARILY
DIRECT PERSONAL SUPERVISION;
B. A PHYSICAL THERAPIST GRADUATE OF AN APPROVED PROGRAM FROM ENGAGING
IN CLINICAL PRACTICE UNDER THE ON-SITE, BUT NOT NECESSARILY DIRECT
PERSONAL SUPERVISION OF A LICENSED PHYSICAL THERAPIST PROVIDED THE GRAD-
UATE HAS: (I) APPLIED AND PAID A FEE FOR THE LICENSING AND EXAMINATION,
(II) APPLIED AND PAID A FEE FOR THE TEMPORARY PERMIT. THIS EXEMPTION
SHALL NOT EXTEND BEYOND NINETY DAYS AFTER GRADUATION;
C. A PHYSICAL THERAPIST LICENSED IN ANOTHER STATE OR COUNTRY FROM
CONDUCTING A TEACHING CLINICAL DEMONSTRATION IN CONNECTION WITH A
PROGRAM OF BASIC CLINICAL EDUCATION, GRADUATE EDUCATION, OR POST-GRADU-
ATE EDUCATION IN AN APPROVED SCHOOL OF PHYSICAL THERAPY OR IN ITS AFFIL-
IATED CLINICAL FACILITY OR HEALTH CARE AGENCY, OR BEFORE A GROUP OF
LICENSED PHYSICAL THERAPISTS WHO ARE MEMBERS OF A PROFESSIONAL SOCIETY;
D. A PHYSICAL THERAPIST WHO IS SERVING IN THE ARMED FORCES OR THE
PUBLIC HEALTH SERVICE OF THE UNITED STATES OR IS EMPLOYED BY THE VETER-
ANS ADMINISTRATION FROM PRACTICING THE PROFESSION OF PHYSICAL THERAPY,
PROVIDED SUCH PRACTICE IS LIMITED TO SUCH SERVICE OR EMPLOYMENT.
§ 6737. NON-LIABILITY OF LICENSED PHYSICAL THERAPISTS FOR FIRST AID OR
EMERGENCY TREATMENT. NOTWITHSTANDING ANY INCONSISTENT PROVISION OF ANY
GENERAL, SPECIAL OR LOCAL LAW, ANY LICENSED PHYSICAL THERAPIST WHO
VOLUNTARILY AND WITHOUT THE EXPECTATION OF MONETARY COMPENSATION RENDERS
FIRST AID OR EMERGENCY TREATMENT AT THE SCENE OF AN ACCIDENT OR OTHER
EMERGENCY, OUTSIDE A HOSPITAL, DOCTOR'S OFFICE OR ANY OTHER PLACE HAVING
PROPER AND NECESSARY PHYSICAL THERAPY EQUIPMENT, TO A PERSON WHO IS
UNCONSCIOUS, ILL OR INJURED, SHALL NOT BE LIABLE FOR DAMAGES FOR INJU-
RIES ALLEGED TO HAVE BEEN SUSTAINED BY SUCH PERSON OR FOR DAMAGES FOR
THE DEATH OF SUCH PERSON ALLEGED TO HAVE OCCURRED BY REASON OF AN ACT OR
OMISSION IN THE RENDERING OF SUCH FIRST AID OR EMERGENCY TREATMENT
UNLESS IT IS ESTABLISHED THAT SUCH INJURIES WERE OR SUCH DEATH WAS
CAUSED BY GROSS NEGLIGENCE ON THE PART OF SUCH PHYSICAL THERAPIST. NOTH-
ING IN THIS SECTION SHALL BE DEEMED OR CONSTRUED TO RELIEVE A LICENSED
PHYSICAL THERAPIST FROM LIABILITY FOR DAMAGES FOR INJURIES OR DEATH
CAUSED BY AN ACT OR OMISSION ON THE PART OF A PHYSICAL THERAPIST WHILE
RENDERING PROFESSIONAL SERVICES IN THE NORMAL AND ORDINARY COURSE OF HIS
OR HER PRACTICE.
§ 6738. DEFINITION OF PHYSICAL THERAPIST ASSISTANT. 1. A "PHYSICAL
THERAPIST ASSISTANT" MEANS A PERSON CERTIFIED IN ACCORDANCE WITH THIS
TITLE WHO WORKS UNDER THE SUPERVISION OF A LICENSED PHYSICAL THERAPIST
PERFORMING SUCH PATIENT RELATED ACTIVITIES AS ARE ASSIGNED BY THE SUPER-
VISING PHYSICAL THERAPIST. DUTIES OF PHYSICAL THERAPIST ASSISTANTS SHALL
NOT INCLUDE EVALUATION, TESTING, INTERPRETATION, PLANNING OR MODIFICA-
TION OF PATIENT PROGRAMS. SUPERVISION OF A PHYSICAL THERAPIST ASSISTANT
BY A LICENSED PHYSICAL THERAPIST SHALL BE ON-SITE SUPERVISION, BUT NOT
NECESSARILY DIRECT PERSONAL SUPERVISION. THE NUMBER OF PHYSICAL THERA-
PIST ASSISTANTS SUPERVISED BY ONE LICENSED PHYSICAL THERAPIST SHALL NOT
EXCEED THE RATIO OF FOUR PHYSICAL THERAPIST ASSISTANTS TO ONE LICENSED
PHYSICAL THERAPIST AS SHALL BE DETERMINED BY THE COMMISSIONER'S REGU-
LATIONS INSURING THAT THERE BE ADEQUATE SUPERVISION IN THE BEST INTEREST
OF PUBLIC HEALTH AND SAFETY. NOTHING IN THIS SECTION SHALL PROHIBIT A
HOSPITAL FROM EMPLOYING PHYSICAL THERAPIST ASSISTANTS, PROVIDED THEY
WORK UNDER THE SUPERVISION OF PHYSICAL THERAPISTS DESIGNATED BY THE
HOSPITAL AND NOT BEYOND THE SCOPE OF PRACTICE OF A PHYSICAL THERAPIST
ASSISTANT. THE NUMERICAL LIMITATION OF THIS SECTION SHALL NOT APPLY TO
WORK PERFORMED IN A HOSPITAL, PROVIDED THAT THERE BE ADEQUATE SUPER-
VISION IN THE BEST INTEREST OF PUBLIC HEALTH AND SAFETY.
S. 4007--A 322 A. 3007--A
2. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION ONE OF THIS SECTION,
SUPERVISION OF A PHYSICAL THERAPIST ASSISTANT BY A LICENSED PHYSICAL
THERAPIST, A. IN A RESIDENTIAL HEALTH CARE FACILITY, AS DEFINED IN ARTI-
CLE TWENTY-EIGHT OF THIS CHAPTER, B. IN A DIAGNOSTIC AND TREATMENT
CENTER LICENSED UNDER ARTICLE TWENTY-EIGHT OF THIS CHAPTER THAT
PROVIDES, AS ITS PRINCIPAL MISSION, SERVICES TO INDIVIDUALS WITH DEVEL-
OPMENTAL DISABILITIES, C. IN A FACILITY, AS DEFINED IN SECTION 1.03 OF
THE MENTAL HYGIENE LAW, OR D. UNDER A MONITORED PROGRAM OF THE OFFICE
FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES AS DEFINED IN SUBDIVISION (A)
OF SECTION 13.15 OF THE MENTAL HYGIENE LAW, SHALL BE CONTINUOUS BUT NOT
NECESSARILY ON SITE WHEN THE SUPERVISING PHYSICAL THERAPIST HAS DETER-
MINED, THROUGH EVALUATION, THE SETTING OF GOALS AND THE ESTABLISHMENT OF
A TREATMENT PLAN, THAT THE PROGRAM IS ONE OF MAINTENANCE AS DEFINED
PURSUANT TO TITLE XVIII OF THE FEDERAL SOCIAL SECURITY ACT. THE
PROVISIONS OF THIS SUBDIVISION SHALL NOT APPLY TO THE PROVISION OF PHYS-
ICAL THERAPY SERVICES WHEN THE CONDITION REQUIRES MULTIPLE ADJUSTMENTS
OF SEQUENCES AND PROCEDURES DUE TO RAPIDLY CHANGING PHYSIOLOGICAL STATUS
AND/OR RESPONSE TO TREATMENT, OR TO CHILDREN UNDER FIVE YEARS OF AGE.
3. FOR THE PURPOSES OF THE PROVISION OF PHYSICAL THERAPIST ASSISTANT
SERVICES IN A HOME CARE SERVICES SETTING, AS SUCH SERVICES ARE DEFINED
IN ARTICLE THIRTY-SIX OF THIS CHAPTER, EXCEPT THAT THE HOME CARE
SERVICES SETTING SHALL NOT INCLUDE EARLY INTERVENTION SERVICES AS
DEFINED IN TITLE TWO-A OF ARTICLE TWENTY-FIVE OF THIS CHAPTER, WHETHER
SUCH SERVICES ARE PROVIDED BY A HOME CARE SERVICES AGENCY OR UNDER THE
SUPERVISION OF A PHYSICAL THERAPIST LICENSED PURSUANT TO THIS TITLE,
CONTINUOUS SUPERVISION OF A PHYSICAL THERAPIST ASSISTANT, WHO HAS HAD
DIRECT CLINICAL EXPERIENCE FOR A PERIOD OF NOT LESS THAN TWO YEARS, BY A
LICENSED PHYSICAL THERAPIST SHALL NOT BE CONSTRUED AS REQUIRING THE
PHYSICAL PRESENCE OF SUCH LICENSED PHYSICAL THERAPIST AT THE TIME AND
PLACE WHERE SUCH SERVICES ARE PERFORMED. FOR PURPOSES OF THIS SUBDIVI-
SION "CONTINUOUS SUPERVISION" SHALL BE DEEMED TO INCLUDE: A. THE
LICENSED PHYSICAL THERAPIST'S SETTING OF GOALS, ESTABLISHING A PLAN OF
CARE AND DETERMINING WHETHER THE PATIENT IS APPROPRIATE TO RECEIVE THE
SERVICES OF A PHYSICAL THERAPIST ASSISTANT SUBJECT TO THE LICENSED PHYS-
ICAL THERAPIST'S EVALUATION; B. AN INITIAL JOINT VISIT WITH THE PATIENT
BY THE SUPERVISING LICENSED PHYSICAL THERAPIST AND THE PHYSICAL THERA-
PIST ASSISTANT; C. PERIODIC TREATMENT AND EVALUATION OF THE PATIENT BY
THE SUPERVISING LICENSED PHYSICAL THERAPIST, AS INDICATED IN THE PLAN OF
CARE AND AS DETERMINED IN ACCORDANCE WITH PATIENT NEED, BUT IN NO
INSTANCE SHALL THE INTERVAL BETWEEN SUCH TREATMENT EXCEED EVERY SIX
PATIENT VISITS OR THIRTY DAYS, WHICHEVER OCCURS FIRST; AND D. A FINAL
EVALUATION BY THE SUPERVISING LICENSED PHYSICAL THERAPIST TO DETERMINE
IF THE PLAN OF CARE SHALL BE TERMINATED. FOR PURPOSES OF THIS SUBDIVI-
SION, THE NUMBER OF PHYSICAL THERAPIST ASSISTANTS SUPERVISED IN THE HOME
CARE SERVICES SETTING BY A LICENSED PHYSICAL THERAPIST SHALL NOT EXCEED
THE RATIO OF TWO PHYSICAL THERAPIST ASSISTANTS TO ONE LICENSED PHYSICAL
THERAPIST.
4. A. FOR PURPOSES OF THE PROVISION OF PHYSICAL THERAPIST ASSISTANT
SERVICES IN PUBLIC PRIMARY OR PRIVATE PRIMARY OR SECONDARY SCHOOLS AND
FOR PRESCHOOL CHILDREN, AS THAT TERM IS DEFINED IN PARAGRAPH I OF SUBDI-
VISION ONE OF SECTION FORTY-FOUR HUNDRED TEN OF THE EDUCATION LAW, AND
RECEIVING SERVICES THEREUNDER, CONTINUOUS SUPERVISION OF A PHYSICAL
THERAPIST ASSISTANT, WHO HAS DIRECT CLINICAL EXPERIENCE PROVIDING AGE
APPROPRIATE PHYSICAL THERAPY SERVICES FOR A PERIOD OF NOT LESS THAN TWO
YEARS, BY A LICENSED PHYSICAL THERAPIST SHALL NOT BE CONSTRUED AS
REQUIRING THE PHYSICAL PRESENCE OF SUCH LICENSED PHYSICAL THERAPIST AT
S. 4007--A 323 A. 3007--A
THE TIME AND PLACE WHERE SUCH SERVICES ARE PERFORMED. FOR PURPOSES OF
THIS SUBDIVISION "CONTINUOUS SUPERVISION" SHALL BE DEEMED TO INCLUDE:
(I) THE LICENSED PHYSICAL THERAPIST'S SETTING OF THE GOALS, ESTABLISH-
ING A PLAN OF CARE, DETERMINING ON AN INITIAL AND ONGOING BASIS WHETHER
THE PATIENT IS APPROPRIATE TO RECEIVE THE SERVICES OF A PHYSICAL THERA-
PIST ASSISTANT, DETERMINING THE FREQUENCY OF JOINT VISITS WITH THE
PATIENT BY BOTH THE SUPERVISING LICENSED PHYSICAL THERAPIST AND THE
PHYSICAL THERAPIST ASSISTANT, EXCEPT THAT IN NO INSTANCE SHALL THE
INTERVAL BETWEEN JOINT VISITS, BE MORE THAN EVERY NINETY CALENDAR DAYS,
SUBJECT TO THE LICENSED PHYSICAL THERAPIST'S EVALUATION;
(II) AN INITIAL JOINT VISIT WITH THE PATIENT BY THE SUPERVISING
LICENSED PHYSICAL THERAPIST AND PHYSICAL THERAPIST ASSISTANT;
(III) PERIODIC TREATMENT AND EVALUATION OF THE PATIENT BY THE SUPER-
VISING LICENSED PHYSICAL THERAPIST AS INDICATED IN THE PLAN OF CARE AND
AS DETERMINED IN ACCORDANCE WITH PATIENT NEED, EXCEPT THAT IN NO
INSTANCE SHALL THE INTERVAL BETWEEN SUCH TREATMENT EXCEED EVERY TWELFTH
VISIT OR THIRTY DAYS, WHICHEVER OCCURS FIRST; AND
(IV) NOTIFICATION OF THE SUPERVISING LICENSED PHYSICAL THERAPIST BY
THE PHYSICAL THERAPIST ASSISTANT WHENEVER THERE IS A CHANGE IN STATUS,
CONDITION OR PERFORMANCE OF THE PATIENT.
B. THIS SUBDIVISION SHALL NOT APPLY TO THE PROVISION OF PHYSICAL THER-
APY SERVICES WHEN A CHILD'S CONDITION REQUIRES MULTIPLE ADJUSTMENTS OF
SEQUENCES AND PROCEDURES DUE TO RAPIDLY CHANGING PHYSIOLOGIC STATUS
AND/OR RESPONSE TO TREATMENT.
§ 6739. DUTIES OF PHYSICAL THERAPIST ASSISTANTS AND THE USE OF TITLE
"PHYSICAL THERAPIST ASSISTANT". ONLY A PERSON CERTIFIED OR OTHERWISE
AUTHORIZED UNDER THIS TITLE SHALL PARTICIPATE IN THE PRACTICE OF PHYS-
ICAL THERAPY AS A PHYSICAL THERAPIST ASSISTANT AND ONLY A PERSON CERTI-
FIED UNDER THIS SECTION SHALL USE THE TITLE "PHYSICAL THERAPIST ASSIST-
ANT".
§ 6740. REQUIREMENTS FOR CERTIFICATION AS A PHYSICAL THERAPIST ASSIST-
ANT. 1. APPLICATION: FILE AN APPLICATION WITH THE DEPARTMENT;
2. EDUCATION: HAVE RECEIVED AN EDUCATION INCLUDING COMPLETION OF A
TWO-YEAR COLLEGE PROGRAM IN A PHYSICAL THERAPIST ASSISTANT PROGRAM OR
EQUIVALENT IN ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS;
3. EXPERIENCE: HAVE EXPERIENCE SATISFACTORY TO THE STATE BOARD FOR
PHYSICAL THERAPY IN ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS;
4. EXAMINATION: PASS AN EXAMINATION SATISFACTORY TO THE BOARD AND IN
ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS;
5. AGE: BE AT LEAST EIGHTEEN YEARS OF AGE;
6. CHARACTER: BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE DEPART-
MENT;
7. REGISTRATION: ALL CERTIFIED PHYSICAL THERAPIST ASSISTANTS SHALL
REGISTER TRIENNIALLY WITH THE DEPARTMENT IN ACCORDANCE WITH THE REGU-
LATIONS OF THE COMMISSIONER; AND
8. FEES: PAY A FEE FOR AN INITIAL CERTIFICATE OF FORTY-FIVE DOLLARS,
AND FOR THE BIENNIAL REGISTRATION PERIOD ENDING DECEMBER THIRTY-FIRST,
NINETEEN HUNDRED EIGHTY-TWO A FEE OF TWENTY DOLLARS AND A FEE OF FIFTY
DOLLARS FOR EACH TRIENNIAL REGISTRATION PERIOD.
§ 6741. EXEMPTION. 1. THIS TITLE SHALL NOT BE CONSTRUED TO AFFECT OR
PREVENT A PHYSICAL THERAPIST ASSISTANT STUDENT FROM ENGAGING IN CLINICAL
ASSISTING UNDER THE SUPERVISION OF A LICENSED PHYSICAL THERAPIST AS PART
OF A PROGRAM CONDUCTED IN AN APPROVED PROGRAM FOR PHYSICAL THERAPIST
ASSISTANTS OR IN A CLINICAL FACILITY OR HEALTH CARE AGENCY AFFILIATED
WITH THE PROGRAM FOR PHYSICAL THERAPIST ASSISTANTS.
S. 4007--A 324 A. 3007--A
2. SUPERVISION OF A PHYSICAL THERAPIST ASSISTANT STUDENT BY A LICENSED
PHYSICAL THERAPIST SHALL BE ON-SITE SUPERVISION AND NOT NECESSARILY
DIRECT PERSONAL SUPERVISION.
3. NOTHING IN THIS TITLE IS INTENDED TO AFFECT THE OVERALL MEDICAL
DIRECTION BY A LICENSED PHYSICIAN OF A PHYSICAL THERAPIST ASSISTANT.
§ 6741-A. LIMITED PERMITS; PHYSICAL THERAPIST ASSISTANT. 1. THE
DEPARTMENT SHALL ISSUE A LIMITED PERMIT TO AN APPLICANT WHO MEETS ALL
REQUIREMENTS FOR ADMISSION TO THE CERTIFICATION EXAMINATION.
2. ALL PRACTICE UNDER A LIMITED PERMIT SHALL BE UNDER THE SUPERVISION
OF A LICENSED PHYSICAL THERAPIST IN A PUBLIC 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 PHYSICAL THERAPIST, OR IN THE CIVIL
SERVICE OF THE STATE OR POLITICAL SUBDIVISION THEREOF.
3. LIMITED PERMITS SHALL BE FOR SIX MONTHS AND THE DEPARTMENT MAY FOR
JUSTIFIABLE CAUSE RENEW A LIMITED PERMIT PROVIDED THAT NO APPLICANT
SHALL PRACTICE UNDER ANY LIMITED PERMIT FOR MORE THAN A TOTAL OF ONE
YEAR.
4. SUPERVISION OF A PERMITTEE BY A LICENSED PHYSICAL THERAPIST SHALL
BE ON-SITE SUPERVISION AND NOT NECESSARILY DIRECT PERSONAL SUPERVISION.
5. THE FEE FOR EACH LIMITED PERMIT AND FOR EACH RENEWAL SHALL BE FIFTY
DOLLARS.
§ 6742. SPECIAL PROVISIONS. 1. ANY PERSON WHO IS EMPLOYED AS A PHYS-
ICAL THERAPIST ASSISTANT IN A FACILITY SATISFACTORY TO THE STATE BOARD
FOR A PERIOD OF NOT LESS THAN TWO YEARS PRIOR TO THE EFFECTIVE DATE OF
THIS TITLE AND WHO DOES NOT QUALIFY FOR CERTIFICATION UNDER SUBDIVISION
TWO OF SECTION SIXTY-SEVEN HUNDRED FORTY OF THIS TITLE MAY BE CERTIFIED
AS A PHYSICAL THERAPIST ASSISTANT UPON SUCCESSFUL COMPLETION OF AN EXAM-
INATION APPROVED BY THE STATE BOARD OF PHYSICAL THERAPY IN ACCORDANCE
WITH THE COMMISSIONER'S REGULATIONS.
2. APPLICATION FOR EXAMINATION FOR CERTIFICATION PURSUANT TO THIS
SECTION MUST BE SUBMITTED NOT LATER THAN JANUARY FIRST, NINETEEN HUNDRED
EIGHTY-FIVE. THE DEPARTMENT SHALL PROVIDE A TOTAL OF THREE SUCH EXAM-
INATIONS. THE THIRD EXAMINATION SHALL BE GIVEN NOT LATER THAN APRIL
FIRST, NINETEEN HUNDRED EIGHTY-FIVE. THE FEE FOR EXAMINATION OR REEXAM-
INATION SHALL BE TWENTY-FIVE DOLLARS FOR EACH EXAMINATION. ANY PERSON
WHO QUALIFIES FOR ADMISSION TO AN EXAMINATION PURSUANT TO THIS SECTION
MAY PRACTICE AS A PHYSICAL THERAPIST ASSISTANT IN THE COURSE OF HIS OR
HER EMPLOYMENT IN A FACILITY SATISFACTORY TO THE STATE BOARD UNTIL THIR-
TY DAYS AFTER NOTIFICATION OF FAILURE TO QUALIFY PURSUANT TO THIS
SECTION.
3. ANY PERSON WHO WAS EMPLOYED AS A PHYSICAL THERAPIST ASSISTANT FOR
AT LEAST TWO YEARS PRIOR TO APRIL FIRST, NINETEEN HUNDRED EIGHTY-ONE,
AND WHO HAD ATTAINED PERMANENT CIVIL SERVICE STATUS AS A PHYSICAL THERA-
PIST ASSISTANT PRIOR TO THAT DATE, SHALL BE ISSUED WRITTEN AUTHORIZATION
FROM THE DEPARTMENT TO CONTINUE WORKING IN THAT CAPACITY WITHOUT EXAM-
INATION. THIS AUTHORIZATION SHALL REMAIN IN EFFECT UNTIL THE PERSON
LEAVES THE POSITION IN WHICH THE CIVIL SERVICE STATUS HAD BEEN GRANTED.
§ 6742-A. MANDATORY CONTINUING EDUCATION. 1. A. EACH LICENSED PHYSICAL
THERAPIST AND CERTIFIED PHYSICAL THERAPIST ASSISTANT REQUIRED UNDER THIS
TITLE TO REGISTER TRIENNIALLY WITH THE DEPARTMENT TO PRACTICE IN THE
STATE SHALL COMPLY WITH THE PROVISIONS OF THE MANDATORY CONTINUING
EDUCATION REQUIREMENTS PRESCRIBED IN SUBDIVISION TWO OF THIS SECTION
EXCEPT AS SET FORTH IN PARAGRAPHS B AND C OF THIS SUBDIVISION. LICENSED
PHYSICAL THERAPIST AND CERTIFIED PHYSICAL THERAPIST ASSISTANTS WHO DO
NOT SATISFY THE MANDATORY CONTINUING EDUCATION REQUIREMENTS SHALL NOT
S. 4007--A 325 A. 3007--A
PRACTICE UNTIL THEY HAVE MET SUCH REQUIREMENTS, AND THEY HAVE BEEN
ISSUED A REGISTRATION CERTIFICATE, EXCEPT THAT A LICENSED PHYSICAL THER-
APIST OR CERTIFIED PHYSICAL THERAPIST ASSISTANT MAY PRACTICE WITHOUT
HAVING MET SUCH REQUIREMENTS IF HE OR SHE IS ISSUED A CONDITIONAL REGIS-
TRATION CERTIFICATE PURSUANT TO SUBDIVISION THREE OF THIS SECTION.
B. EACH LICENSED PHYSICAL THERAPIST AND CERTIFIED PHYSICAL THERAPIST
ASSISTANT SHALL BE EXEMPT FROM THE MANDATORY CONTINUING EDUCATION
REQUIREMENT FOR THE TRIENNIAL REGISTRATION PERIOD DURING WHICH THEY ARE
FIRST LICENSED. IN ACCORDANCE WITH THE INTENT OF THIS SECTION, ADJUST-
MENT TO THE MANDATORY CONTINUING EDUCATION REQUIREMENT MAY BE GRANTED BY
THE DEPARTMENT FOR REASONS OF HEALTH CERTIFIED BY AN APPROPRIATE HEALTH
CARE PROFESSIONAL, FOR EXTENDED ACTIVE DUTY WITH THE ARMED FORCES OF THE
UNITED STATES, OR FOR OTHER GOOD CAUSE ACCEPTABLE TO THE DEPARTMENT
WHICH MAY PREVENT COMPLIANCE.
C. A LICENSED PHYSICAL THERAPIST AND CERTIFIED PHYSICAL THERAPIST
ASSISTANT NOT ENGAGED IN PRACTICE, AS DETERMINED BY THE DEPARTMENT,
SHALL BE EXEMPT FROM THE MANDATORY CONTINUING EDUCATION REQUIREMENT UPON
THE FILING OF A STATEMENT WITH THE DEPARTMENT DECLARING SUCH STATUS. ANY
LICENSEE WHO RETURNS TO THE PRACTICE OF PHYSICAL THERAPY DURING THE
TRIENNIAL REGISTRATION PERIOD SHALL NOTIFY THE DEPARTMENT PRIOR TO REEN-
TERING THE PROFESSION AND SHALL MEET SUCH MANDATORY EDUCATION REQUIRE-
MENTS AS SHALL BE PRESCRIBED BY REGULATIONS OF THE COMMISSIONER.
2. DURING EACH TRIENNIAL REGISTRATION PERIOD AN APPLICANT FOR REGIS-
TRATION AS A LICENSED PHYSICAL THERAPIST OR CERTIFIED PHYSICAL THERAPIST
ASSISTANT SHALL COMPLETE A MINIMUM OF THIRTY-SIX HOURS OF ACCEPTABLE
FORMAL CONTINUING EDUCATION, AS SPECIFIED IN SUBDIVISION FOUR OF THIS
SECTION. ANY LICENSED PHYSICAL THERAPIST OR CERTIFIED PHYSICAL THERAPIST
ASSISTANT WHOSE FIRST REGISTRATION DATE FOLLOWING THE EFFECTIVE DATE OF
THIS SECTION OCCURS LESS THAN THREE YEARS FROM SUCH EFFECTIVE DATE, BUT
ON OR AFTER JANUARY FIRST, TWO THOUSAND TEN, SHALL COMPLETE CONTINUING
EDUCATION HOURS ON A PRORATED BASIS AT THE RATE OF ONE-HALF HOUR PER
MONTH FOR THE PERIOD BEGINNING JANUARY FIRST, TWO THOUSAND TEN UP TO THE
FIRST REGISTRATION DATE 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 FOR IN SUBDIVISION THREE OF THIS SECTION. CONTINUING EDUCATION
HOURS TAKEN DURING ONE TRIENNIUM MAY NOT BE 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 COMPLETE 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
SUBMIT EVIDENCE, SATISFACTORY TO THE DEPARTMENT, OF REQUIRED CONTINUING
EDUCATION AND WHO PRACTICES WITHOUT SUCH REGISTRATION MAY BE SUBJECT TO
DISCIPLINARY PROCEEDINGS PURSUANT TO SECTION SIXTY-FIVE HUNDRED TEN OF
THIS ARTICLE.
4. AS USED IN SUBDIVISION TWO OF THIS SECTION, "ACCEPTABLE FORMAL
EDUCATION" SHALL MEAN FORMAL COURSES OF LEARNING WHICH CONTRIBUTE TO
PROFESSIONAL PRACTICE IN PHYSICAL THERAPY AND WHICH MEET THE STANDARDS
PRESCRIBED BY REGULATIONS OF THE COMMISSIONER. SUCH FORMAL COURSES OF
S. 4007--A 326 A. 3007--A
LEARNING SHALL INCLUDE, BUT NOT BE LIMITED TO, COLLEGIATE LEVEL CREDIT
AND NON-CREDIT COURSES, PROFESSIONAL DEVELOPMENT PROGRAMS AND TECHNICAL
SESSIONS OFFERED BY NATIONAL, STATE AND LOCAL PROFESSIONAL ASSOCIATIONS
AND OTHER ORGANIZATIONS ACCEPTABLE TO THE DEPARTMENT, AND ANY OTHER
ORGANIZED EDUCATIONAL AND TECHNICAL PROGRAMS ACCEPTABLE TO THE DEPART-
MENT. 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 COURSES IN SPECIFIC SUBJECTS TO FULFILL THIS MANDA-
TORY CONTINUING EDUCATION REQUIREMENT. COURSES MUST BE TAKEN FROM A
SPONSOR APPROVED BY THE DEPARTMENT, PURSUANT TO THE REGULATIONS OF THE
COMMISSIONER.
5. LICENSED PHYSICAL THERAPIST OR CERTIFIED PHYSICAL THERAPIST ASSIST-
ANT SHALL MAINTAIN ADEQUATE DOCUMENTATION OF COMPLETION OF ACCEPTABLE
FORMAL CONTINUING EDUCATION AND SHALL PROVIDE SUCH DOCUMENTATION AT THE
REQUEST OF THE DEPARTMENT. FAILURE TO PROVIDE SUCH DOCUMENTATION UPON
THE REQUEST OF THE DEPARTMENT SHALL BE AN ACT OF MISCONDUCT SUBJECT TO
DISCIPLINARY PROCEEDINGS PURSUANT TO SECTION SIXTY-FIVE HUNDRED TEN OF
THIS ARTICLE.
6. THE MANDATORY CONTINUING EDUCATION FEE SHALL BE FORTY-FIVE DOLLARS,
SHALL BE PAYABLE ON OR BEFORE THE FIRST DAY OF EACH TRIENNIAL REGISTRA-
TION PERIOD, AND SHALL BE PAID IN ADDITION TO THE TRIENNIAL REGISTRATION
FEE REQUIRED BY SECTION SIXTY-SEVEN HUNDRED THIRTY-FOUR OF THIS TITLE.
§ 6743. VALIDITY OF EXISTING LICENSES. THIS TITLE SHALL NOT BE
CONSTRUED TO AFFECT THE VALIDITY OF EXISTING LICENSES AND PERMITS OR THE
CONTINUATION OF ANY ADMINISTRATIVE ACTIONS OR PROCEEDINGS COMMENCED
PRIOR TO THE EFFECTIVE DATE OF THIS TITLE.
TITLE 10
PHARMACY
SECTION 6800. INTRODUCTION.
6801. DEFINITION OF PRACTICE OF PHARMACY.
6801-A. COLLABORATIVE DRUG THERAPY MANAGEMENT DEMONSTRATION
PROGRAM.
6802. DEFINITIONS.
6803. PRACTICE OF PHARMACY AND USE OF TITLE "PHARMACIST".
6804. STATE BOARD OF PHARMACY.
6805. REQUIREMENTS FOR A PROFESSIONAL LICENSE.
6806. LIMITED PERMITS.
6807. EXEMPT PERSONS; SPECIAL PROVISIONS.
6808. REGISTERING AND OPERATING ESTABLISHMENTS.
6809. IDENTIFICATION OF PHARMACISTS.
6809-A. REGISTRATION OF NONRESIDENT ESTABLISHMENTS.
6810. PRESCRIPTIONS.
6811. MISDEMEANORS.
6812. SPECIAL PROVISIONS.
6813. SEIZURE.
6814. RECORDS OF SHIPMENT.
6815. ADULTERATING, MISBRANDING AND SUBSTITUTING.
6816. OMITTING TO LABEL DRUGS, OR LABELING THEM WRONGLY.
6816-A. WHEN SUBSTITUTION IS REQUIRED.
6819. REGULATIONS MAKING EXCEPTIONS.
6820. CERTIFICATION OF COAL-TAR COLORS FOR DRUGS AND COSMET-
ICS.
6821. POISON SCHEDULES; REGISTER.
6822. EXAMINATIONS AND INVESTIGATIONS.
S. 4007--A 327 A. 3007--A
6823. FACTORY INSPECTION.
6824. INJUNCTION PROCEEDINGS.
6825. PROOF REQUIRED IN PROSECUTION FOR CERTAIN VIOLATIONS.
6826. DRUG RETAIL PRICE LISTS.
6826-A. REDUCING CERTAIN COPAYMENTS.
6827. MANDATORY CONTINUING EDUCATION.
6828. CERTIFICATES OF ADMINISTRATION.
6829. INTERPRETATION AND TRANSLATION REQUIREMENTS FOR
PRESCRIPTION DRUGS AND STANDARDIZED MEDICATION LABEL-
ING.
6830. STANDARDIZED PATIENT-CENTERED DATA ELEMENTS.
6831. SPECIAL PROVISIONS RELATING TO OUTSOURCING FACILITIES.
6832. LIMITATIONS ON ASSISTANCE OF AN UNLICENSED PERSON.
§ 6800. INTRODUCTION. THIS TITLE APPLIES TO THE PROFESSION OF PHARMA-
CY. THE GENERAL PROVISIONS FOR ALL PROFESSIONS CONTAINED IN TITLE ONE OF
THIS ARTICLE APPLY TO THIS TITLE.
§ 6801. DEFINITION OF PRACTICE OF PHARMACY. 1. THE PRACTICE OF THE
PROFESSION OF PHARMACY IS DEFINED AS THE ADMINISTERING, PREPARING,
COMPOUNDING, PRESERVING, OR THE DISPENSING OF DRUGS, MEDICINES AND THER-
APEUTIC DEVICES ON THE BASIS OF PRESCRIPTIONS OR OTHER LEGAL AUTHORITY,
AND COLLABORATIVE DRUG THERAPY MANAGEMENT IN ACCORDANCE WITH THE
PROVISIONS OF SECTION SIXTY-EIGHT HUNDRED ONE-A OF THIS TITLE.
2. A LICENSED PHARMACIST MAY EXECUTE A NON-PATIENT SPECIFIC REGIMEN
PRESCRIBED OR ORDERED BY A PHYSICIAN LICENSED IN THIS STATE OR NURSE
PRACTITIONER CERTIFIED IN THIS STATE, PURSUANT TO RULES AND REGULATIONS
PROMULGATED BY THE COMMISSIONER. WHEN A LICENSED PHARMACIST ADMINISTERS
AN IMMUNIZING AGENT, HE OR SHE SHALL:
A. REPORT SUCH ADMINISTRATION BY ELECTRONIC TRANSMISSION OR FACSIMILE
TO THE PATIENT'S ATTENDING PRIMARY HEALTH CARE PRACTITIONER OR PRACTI-
TIONERS, IF ANY, AND, TO THE EXTENT PRACTICABLE, MAKE HIMSELF OR HERSELF
AVAILABLE TO DISCUSS THE OUTCOME OF SUCH IMMUNIZATION, INCLUDING ANY
ADVERSE REACTIONS, WITH THE ATTENDING PRIMARY HEALTH CARE PRACTITIONER,
AND TO THE STATEWIDE IMMUNIZATION REGISTRY OR THE CITYWIDE IMMUNIZATION
REGISTRY, AS ESTABLISHED PURSUANT TO AND TO THE EXTENT PERMITTED BY
SECTION TWENTY-ONE HUNDRED SIXTY-EIGHT OF THIS CHAPTER; AND
B. PROVIDE INFORMATION TO THE PATIENT OR, WHERE APPLICABLE, THE PERSON
LEGALLY RESPONSIBLE FOR THE PATIENT, ON THE IMPORTANCE OF HAVING A
PRIMARY HEALTH CARE PRACTITIONER, DEVELOPED BY THE COMMISSIONER; AND
C. REPORT SUCH ADMINISTRATION, ABSENT OF ANY INDIVIDUALLY IDENTIFIABLE
HEALTH INFORMATION, TO THE DEPARTMENT IN A MANNER REQUIRED BY THE
COMMISSIONER; AND
D. PRIOR TO ADMINISTERING THE IMMUNIZATION, INFORM THE PATIENT OR,
WHERE APPLICABLE, THE PERSON LEGALLY RESPONSIBLE FOR THE PATIENT, OF THE
TOTAL COST OF THE IMMUNIZATION OR IMMUNIZATIONS, SUBTRACTING ANY HEALTH
INSURANCE SUBSIDIZATION, IF APPLICABLE. IN THE CASE THE IMMUNIZATION IS
NOT COVERED, THE PHARMACIST MUST INFORM THE PATIENT OR, WHERE APPLICA-
BLE, THE PERSON LEGALLY RESPONSIBLE FOR THE PATIENT, OF THE POSSIBILITY
THAT THE IMMUNIZATION MAY BE COVERED WHEN ADMINISTERED BY A PRIMARY CARE
PHYSICIAN OR PRACTITIONER; AND
E. ADMINISTER THE IMMUNIZATION OR IMMUNIZATIONS ACCORDING TO THE MOST
CURRENT RECOMMENDATIONS BY THE ADVISORY COMMITTEE FOR IMMUNIZATION PRAC-
TICES (ACIP), PROVIDED HOWEVER, THAT A PHARMACIST MAY ADMINISTER ANY
IMMUNIZATION AUTHORIZED UNDER THIS SECTION WHEN SPECIFIED BY A PATIENT
SPECIFIC ORDER.
3. NO PHARMACIST SHALL ADMINISTER IMMUNIZING AGENTS WITHOUT RECEIVING
TRAINING SATISFACTORY TO THE COMMISSIONER WHICH SHALL INCLUDE, BUT NOT
S. 4007--A 328 A. 3007--A
BE LIMITED TO, TECHNIQUES FOR SCREENING INDIVIDUALS AND OBTAINING
INFORMED CONSENT; TECHNIQUES OF ADMINISTRATION; INDICATIONS, PRECAUTIONS
AND CONTRAINDICATIONS IN THE USE OF AGENT OR AGENTS; RECORD KEEPING OF
IMMUNIZATION AND INFORMATION; AND HANDLING EMERGENCIES, INCLUDING
ANAPHYLAXIS AND NEEDLESTICKS.
4. WHEN ADMINISTERING AN IMMUNIZATION IN A PHARMACY, THE LICENSED
PHARMACIST SHALL PROVIDE AN AREA FOR THE IMMUNIZATION THAT PROVIDES FOR
A PATIENT'S PRIVACY. THE PRIVACY AREA SHOULD INCLUDE:
A. A CLEARLY VISIBLE POSTING OF THE MOST CURRENT "RECOMMENDED ADULT
IMMUNIZATION SCHEDULE" PUBLISHED BY THE ADVISORY COMMITTEE FOR IMMUNIZA-
TION PRACTICES (ACIP); AND
B. EDUCATION MATERIALS ON INFLUENZA VACCINATIONS FOR CHILDREN AS
DETERMINED BY THE COMMISSIONER.
5. A LICENSED PHARMACIST MAY EXECUTE A NON-PATIENT SPECIFIC ORDER, FOR
DISPENSING UP TO A SEVEN-DAY STARTER PACK OF HIV POST-EXPOSURE PROPHY-
LAXIS MEDICATIONS FOR THE PURPOSE OF PREVENTING HUMAN IMMUNODEFICIENCY
VIRUS INFECTION, BY A PHYSICIAN LICENSED IN THIS STATE OR NURSE PRACTI-
TIONER CERTIFIED IN THIS STATE, PURSUANT TO RULES AND REGULATIONS
PROMULGATED BY THE COMMISSIONER FOLLOWING A POTENTIAL HUMAN IMMUNODEFI-
CIENCY VIRUS EXPOSURE.
6. A LICENSED PHARMACIST MAY EXECUTE A NON-PATIENT-SPECIFIC REGIMEN OF
INSULIN AND RELATED SUPPLIES TO AN INDIVIDUAL WHO HAS A VALID
PRESCRIPTION FOR INSULIN AND RELATED SUPPLIES WHICH HAS SINCE EXPIRED
WITHIN THE LAST TWELVE MONTHS. THE VALID PRESCRIPTION MUST HAVE BEEN
PRESCRIBED OR ORDERED BY A PHYSICIAN LICENSED IN THIS STATE OR NURSE
PRACTITIONER CERTIFIED IN THIS STATE. EXECUTION OF A NON-PATIENT-SPECIF-
IC REGIMEN SHALL BE ON AN EMERGENCY BASIS PROVIDED THE PHARMACIST:
A. FIRST ATTEMPTS TO OBTAIN AN AUTHORIZATION FROM THE PRESCRIBER OF
THE PATIENT-SPECIFIC PRESCRIPTION AND CANNOT OBTAIN THE AUTHORIZATION,
AND THE PRESCRIBER DOES NOT OBJECT TO DISPENSING TO THE PATIENT UNDER
THE NON-PATIENT-SPECIFIC REGIMEN;
B. PROVIDES A REFILL OF THE PATIENT-SPECIFIC PRESCRIPTION AND THE
QUANTITY OF THAT REFILL IS IN CONFORMITY WITH THE DIRECTIONS FOR USE
UNDER THE PATIENT-SPECIFIC PRESCRIPTION, BUT LIMITED TO AN AMOUNT NOT TO
EXCEED A THIRTY-DAY EMERGENCY SUPPLY; AND
C. NOTIFIES, WITHIN SEVENTY-TWO HOURS OF DISPENSING THE REFILL OR
REFILLS, THE PRESCRIBER OF THE PATIENT-SPECIFIC PRESCRIPTION WHOSE
AUTHORIZATION COULD NOT BE OBTAINED, THAT AN EMERGENCY PRESCRIPTION OF
INSULIN HAS BEEN DISPENSED.
§ 6801-A. COLLABORATIVE DRUG THERAPY MANAGEMENT DEMONSTRATION PROGRAM.
1. AS USED IN THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING
MEANINGS:
A. "BOARD" SHALL MEAN THE STATE BOARD OF PHARMACY AS ESTABLISHED BY
SECTION SIXTY-EIGHT HUNDRED FOUR OF THIS TITLE.
B. "CLINICAL SERVICES" SHALL MEAN THE COLLECTION AND INTERPRETATION OF
PATIENT DATA FOR THE PURPOSE OF INITIATING, MODIFYING AND MONITORING
DRUG THERAPY WITH ASSOCIATED ACCOUNTABILITY AND RESPONSIBILITY FOR
OUTCOMES IN A DIRECT PATIENT CARE SETTING.
C. "COLLABORATIVE DRUG THERAPY MANAGEMENT" SHALL MEAN THE PERFORMANCE
OF CLINICAL SERVICES BY A PHARMACIST RELATING TO THE REVIEW, EVALUATION
AND MANAGEMENT OF DRUG THERAPY TO A PATIENT, WHO IS BEING TREATED BY A
PHYSICIAN FOR A SPECIFIC DISEASE OR ASSOCIATED DISEASE STATES, IN
ACCORDANCE WITH A WRITTEN AGREEMENT OR PROTOCOL WITH A VOLUNTARILY
PARTICIPATING PHYSICIAN AND IN ACCORDANCE WITH THE POLICIES, PROCEDURES,
AND PROTOCOLS OF THE FACILITY. SUCH AGREEMENT OR PROTOCOL AS ENTERED
S. 4007--A 329 A. 3007--A
INTO BY THE PHYSICIAN AND A PHARMACIST, MAY INCLUDE, AND SHALL BE LIMIT-
ED TO:
(I) ADJUSTING OR MANAGING A DRUG REGIMEN OF A PATIENT, PURSUANT TO A
PATIENT SPECIFIC ORDER OR PROTOCOL MADE BY THE PATIENT'S PHYSICIAN,
WHICH MAY INCLUDE ADJUSTING DRUG STRENGTH, FREQUENCY OF ADMINISTRATION
OR ROUTE OF ADMINISTRATION. ADJUSTING THE DRUG REGIMEN SHALL NOT
INCLUDE SUBSTITUTING OR SELECTING A DIFFERENT DRUG WHICH DIFFERS FROM
THAT INITIALLY PRESCRIBED BY THE PATIENT'S PHYSICIAN UNLESS SUCH SUBSTI-
TUTION IS EXPRESSLY AUTHORIZED IN THE WRITTEN ORDER OR PROTOCOL. THE
PHARMACIST SHALL BE REQUIRED TO IMMEDIATELY DOCUMENT IN THE PATIENT
RECORD CHANGES MADE TO THE PATIENT'S DRUG THERAPY AND SHALL USE ANY
REASONABLE MEANS OR METHOD ESTABLISHED BY THE FACILITY TO NOTIFY THE
PATIENT'S OTHER TREATING PHYSICIANS WITH WHOM HE OR SHE DOES NOT HAVE A
WRITTEN AGREEMENT OR PROTOCOL REGARDING SUCH CHANGES. THE PATIENT'S
PHYSICIAN MAY PROHIBIT, BY WRITTEN INSTRUCTION, ANY ADJUSTMENT OR CHANGE
IN THE PATIENT'S DRUG REGIMEN BY THE PHARMACIST;
(II) EVALUATING AND, ONLY IF SPECIFICALLY AUTHORIZED BY THE PROTOCOL
AND ONLY TO THE EXTENT NECESSARY TO DISCHARGE THE RESPONSIBILITIES SET
FORTH IN THIS SECTION, ORDERING DISEASE STATE LABORATORY TESTS RELATED
TO THE DRUG THERAPY MANAGEMENT FOR THE SPECIFIC DISEASE OR DISEASE STATE
SPECIFIED WITHIN THE WRITTEN AGREEMENT OR PROTOCOL; AND
(III) ONLY IF SPECIFICALLY AUTHORIZED BY THE WRITTEN AGREEMENT OR
PROTOCOL AND ONLY TO THE EXTENT NECESSARY TO DISCHARGE THE RESPONSIBIL-
ITIES SET FORTH IN THIS SECTION, ORDERING OR PERFORMING ROUTINE PATIENT
MONITORING FUNCTIONS AS MAY BE NECESSARY IN THE DRUG THERAPY MANAGEMENT,
INCLUDING THE COLLECTING AND REVIEWING OF PATIENT HISTORIES, AND ORDER-
ING OR CHECKING PATIENT VITAL SIGNS, INCLUDING PULSE, TEMPERATURE, BLOOD
PRESSURE AND RESPIRATION.
D. "FACILITY" SHALL MEAN: (I) A TEACHING HOSPITAL OR GENERAL HOSPITAL,
INCLUDING ANY DIAGNOSTIC CENTER, TREATMENT CENTER, OR HOSPITAL-BASED
OUTPATIENT DEPARTMENT AS DEFINED IN SECTION TWENTY-EIGHT HUNDRED ONE OF
THIS CHAPTER; OR (II) A NURSING HOME WITH AN ON-SITE PHARMACY STAFFED BY
A LICENSED PHARMACIST; PROVIDED, HOWEVER, FOR THE PURPOSES OF THIS
SECTION THE TERM "FACILITY" SHALL NOT INCLUDE DENTAL CLINICS, DENTAL
DISPENSARIES, RESIDENTIAL HEALTH CARE FACILITIES AND REHABILITATION
CENTERS. FOR THE PURPOSES OF THIS SECTION, A "TEACHING HOSPITAL" SHALL
MEAN A HOSPITAL LICENSED PURSUANT TO ARTICLE TWENTY-EIGHT OF THIS CHAP-
TER THAT IS ELIGIBLE TO RECEIVE DIRECT OR INDIRECT GRADUATE MEDICAL
EDUCATION PAYMENTS PURSUANT TO ARTICLE TWENTY-EIGHT OF THIS CHAPTER.
E. "PHYSICIAN" SHALL MEAN THE PHYSICIAN SELECTED BY OR ASSIGNED TO A
PATIENT, WHO HAS PRIMARY RESPONSIBILITY FOR THE TREATMENT AND CARE OF
THE PATIENT FOR THE DISEASE AND ASSOCIATED DISEASE STATES THAT ARE THE
SUBJECT OF THE COLLABORATIVE DRUG THERAPY MANAGEMENT.
F. "WRITTEN AGREEMENT OR PROTOCOL" SHALL MEAN A WRITTEN DOCUMENT,
PURSUANT TO AND CONSISTENT WITH ANY APPLICABLE STATE OR FEDERAL REQUIRE-
MENTS, THAT ADDRESSES A SPECIFIC DISEASE OR ASSOCIATED DISEASE STATES
AND THAT DESCRIBES THE NATURE AND SCOPE OF COLLABORATIVE DRUG THERAPY
MANAGEMENT TO BE UNDERTAKEN BY THE PHARMACISTS, IN COLLABORATION WITH
THE PARTICIPATING PHYSICIAN IN ACCORDANCE WITH THE PROVISIONS OF THIS
SECTION.
2. A. A PHARMACIST WHO MEETS THE EXPERIENCE REQUIREMENTS OF PARAGRAPH
B OF THIS SUBDIVISION AND WHO IS EMPLOYED BY OR OTHERWISE AFFILIATED
WITH A FACILITY SHALL BE PERMITTED TO ENTER INTO A WRITTEN AGREEMENT OR
PROTOCOL WITH A PHYSICIAN AUTHORIZING COLLABORATIVE DRUG THERAPY MANAGE-
MENT, SUBJECT TO THE LIMITATIONS SET FORTH IN THIS SECTION, WITHIN THE
SCOPE OF SUCH EMPLOYMENT OR AFFILIATION.
S. 4007--A 330 A. 3007--A
B. A PARTICIPATING PHARMACIST MUST:
(I) (A) HAVE BEEN AWARDED EITHER A MASTER OF SCIENCE IN CLINICAL PHAR-
MACY OR A DOCTOR OF PHARMACY DEGREE;
(B) MAINTAIN A CURRENT UNRESTRICTED LICENSE; AND
(C) HAVE A MINIMUM OF TWO YEARS EXPERIENCE, OF WHICH AT LEAST ONE YEAR
OF SUCH EXPERIENCE SHALL INCLUDE CLINICAL EXPERIENCE IN A HEALTH FACILI-
TY, WHICH INVOLVES CONSULTATION WITH PHYSICIANS WITH RESPECT TO DRUG
THERAPY AND MAY INCLUDE A RESIDENCY AT A FACILITY INVOLVING SUCH CONSUL-
TATION; OR
(II) (A) HAVE BEEN AWARDED A BACHELOR OF SCIENCE IN PHARMACY;
(B) MAINTAIN A CURRENT UNRESTRICTED LICENSE; AND
(C) WITHIN THE LAST SEVEN YEARS, HAVE A MINIMUM OF THREE YEARS EXPERI-
ENCE, OF WHICH AT LEAST ONE YEAR OF SUCH EXPERIENCE SHALL INCLUDE CLIN-
ICAL EXPERIENCE IN A HEALTH FACILITY, WHICH INVOLVES CONSULTATION WITH
PHYSICIANS WITH RESPECT TO DRUG THERAPY AND MAY INCLUDE A RESIDENCY AT A
FACILITY INVOLVING SUCH CONSULTATION; AND
(III) MEET ANY ADDITIONAL EDUCATION, EXPERIENCE, OR OTHER REQUIREMENTS
SET FORTH BY THE DEPARTMENT IN CONSULTATION WITH THE BOARD.
C. NOTWITHSTANDING ANY PROVISION OF LAW, NOTHING IN THIS SECTION SHALL
PROHIBIT A LICENSED PHARMACIST FROM ENGAGING IN CLINICAL SERVICES ASSO-
CIATED WITH COLLABORATIVE DRUG THERAPY MANAGEMENT, IN ORDER TO GAIN
EXPERIENCE NECESSARY TO QUALIFY UNDER CLAUSE (C) OF SUBPARAGRAPH (I) OR
(II) OF PARAGRAPH B OF THIS SUBDIVISION, PROVIDED THAT SUCH PRACTICE IS
UNDER THE SUPERVISION OF A PHARMACIST THAT CURRENTLY MEETS THE REFER-
ENCED REQUIREMENT, AND THAT SUCH PRACTICE IS AUTHORIZED UNDER THE WRIT-
TEN AGREEMENT OR PROTOCOL WITH THE PHYSICIAN.
D. NOTWITHSTANDING ANY PROVISION OF THIS SECTION, NOTHING HEREIN SHALL
AUTHORIZE THE PHARMACIST TO DIAGNOSE DISEASE. IN THE EVENT THAT A TREAT-
ING PHYSICIAN MAY DISAGREE WITH THE EXERCISE OF PROFESSIONAL JUDGMENT BY
A PHARMACIST, THE JUDGMENT OF THE TREATING PHYSICIAN SHALL PREVAIL.
3. THE PHYSICIAN WHO IS A PARTY TO A WRITTEN AGREEMENT OR PROTOCOL
AUTHORIZING COLLABORATIVE DRUG THERAPY MANAGEMENT SHALL BE EMPLOYED BY
OR OTHERWISE AFFILIATED WITH THE SAME FACILITY WITH WHICH THE PHARMACIST
IS ALSO EMPLOYED OR AFFILIATED.
4. THE EXISTENCE OF A WRITTEN AGREEMENT OR PROTOCOL ON COLLABORATIVE
DRUG THERAPY MANAGEMENT AND THE PATIENT'S RIGHT TO CHOOSE TO NOT PARTIC-
IPATE IN COLLABORATIVE DRUG THERAPY MANAGEMENT SHALL BE DISCLOSED TO ANY
PATIENT WHO IS ELIGIBLE TO RECEIVE COLLABORATIVE DRUG THERAPY MANAGE-
MENT. COLLABORATIVE DRUG THERAPY MANAGEMENT SHALL NOT BE UTILIZED UNLESS
THE PATIENT OR THE PATIENT'S AUTHORIZED REPRESENTATIVE CONSENTS, IN
WRITING, TO SUCH MANAGEMENT. IF THE PATIENT OR THE PATIENT'S AUTHORIZED
REPRESENTATIVE CONSENTS, IT SHALL BE NOTED ON THE PATIENT'S MEDICAL
RECORD. IF THE PATIENT OR THE PATIENT'S AUTHORIZED REPRESENTATIVE WHO
CONSENTED TO COLLABORATIVE DRUG THERAPY MANAGEMENT CHOOSES TO NO LONGER
PARTICIPATE IN SUCH MANAGEMENT, AT ANY TIME, IT SHALL BE NOTED ON THE
PATIENT'S MEDICAL RECORD. IN ADDITION, THE EXISTENCE OF THE WRITTEN
AGREEMENT OR PROTOCOL AND THE PATIENT'S CONSENT TO SUCH MANAGEMENT SHALL
BE DISCLOSED TO THE PATIENT'S PRIMARY PHYSICIAN AND ANY OTHER TREATING
PHYSICIAN OR HEALTHCARE PROVIDER.
5. PARTICIPATION IN A WRITTEN AGREEMENT OR PROTOCOL AUTHORIZING COLLA-
BORATIVE DRUG THERAPY MANAGEMENT SHALL BE VOLUNTARY, AND NO PATIENT,
PHYSICIAN, PHARMACIST, OR FACILITY SHALL BE REQUIRED TO PARTICIPATE.
6. NOTHING IN THIS SECTION SHALL BE DEEMED TO LIMIT THE SCOPE OF PRAC-
TICE OF PHARMACY NOR BE DEEMED TO LIMIT THE AUTHORITY OF PHARMACISTS AND
PHYSICIANS TO ENGAGE IN MEDICATION MANAGEMENT PRIOR TO THE EFFECTIVE
DATE OF THIS SECTION AND TO THE EXTENT AUTHORIZED BY LAW.
S. 4007--A 331 A. 3007--A
§ 6802. DEFINITIONS. 1. "PHARMACY" MEANS ANY PLACE IN WHICH DRUGS,
PRESCRIPTIONS OR POISONS ARE POSSESSED FOR THE PURPOSE OF COMPOUNDING,
PRESERVING, DISPENSING OR RETAILING, OR IN WHICH DRUGS, PRESCRIPTIONS OR
POISONS ARE COMPOUNDED, PRESERVED, DISPENSED OR RETAILED, OR IN WHICH
SUCH DRUGS, PRESCRIPTIONS OR POISONS ARE BY ADVERTISING OR OTHERWISE
OFFERED FOR SALE AT RETAIL.
3. "FORMULARY" MEANS THE LATEST EDITION OF THE OFFICIAL NATIONAL
FORMULARY, AND ITS SUPPLEMENT.
4. "PHARMACOPEIA", WHEN NOT OTHERWISE LIMITED, MEANS THE LATEST
EDITION OF THE OFFICIAL UNITED STATES PHARMACOPEIA, AND ITS SUPPLEMENT.
5. "HOMEOPATHIC PHARMACOPEIA" MEANS THE OFFICIAL HOMEOPATHIC PHARMA-
COPEIA OF THE UNITED STATES, AND ITS SUPPLEMENT.
6. "OFFICIAL COMPENDIUM" MEANS THE OFFICIAL UNITED STATES PHARMACOP-
EIA, OFFICIAL HOMEOPATHIC PHARMACOPEIA OF THE UNITED STATES, OFFICIAL
NATIONAL FORMULARY, OR THEIR SUPPLEMENTS.
7. "DRUGS" MEANS:
A. ARTICLES RECOGNIZED IN THE OFFICIAL UNITED STATES PHARMACOPEIA,
OFFICIAL HOMEOPATHIC PHARMACOPEIA OF THE UNITED STATES, OR OFFICIAL
NATIONAL FORMULARY.
B. ARTICLES INTENDED FOR USE IN THE DIAGNOSIS, CURE, MITIGATION,
TREATMENT OR PREVENTION OF DISEASE IN MAN OR ANIMALS.
C. ARTICLES (OTHER THAN FOOD) INTENDED TO AFFECT THE STRUCTURE OR ANY
FUNCTION OF THE BODY OF MAN OR ANIMALS.
D. ARTICLES INTENDED FOR USE AS A COMPONENT OF ANY ARTICLE SPECIFIED
IN PARAGRAPH A, B, OR C OF THIS SUBDIVISION; BUT DOES NOT INCLUDE
DEVICES OR THEIR COMPONENTS, PARTS OR ACCESSORIES.
8. "COSMETICS" MEANS:
A. ARTICLES INTENDED TO BE RUBBED, POURED, SPRINKLED OR SPRAYED ON,
INTRODUCED INTO OR OTHERWISE APPLIED TO THE HUMAN BODY FOR CLEANSING,
BEAUTIFYING, PROMOTING ATTRACTIVENESS, OR ALTERING THE APPEARANCE.
B. ARTICLES INTENDED FOR USE AS A COMPONENT OF ANY SUCH ARTICLES;
EXCEPT THAT THE TERM SHALL NOT INCLUDE SOAP.
9. "POISON", WHERE NOT OTHERWISE LIMITED, MEANS ANY DRUG, CHEMICAL OR
PREPARATION LIKELY TO BE DESTRUCTIVE TO ADULT HUMAN LIFE IN QUANTITY OF
SIXTY GRAINS OR LESS.
10. "LABEL" MEANS A DISPLAY OF WRITTEN, PRINTED OR PICTORIAL MATTER
UPON THE IMMEDIATE CONTAINER OF ANY DRUG, DEVICE OR COSMETIC. ANY
REQUIREMENT MADE BY OR UNDER AUTHORITY OF THIS TITLE, THAT ANY WORD,
STATEMENT, OR OTHER INFORMATION APPEAR ON THE LABEL SHALL NOT BE CONSID-
ERED TO BE COMPLIED WITH UNLESS SUCH WORD, STATEMENT OR OTHER INFORMA-
TION ALSO APPEARS ON THE OUTSIDE CONTAINER OR WRAPPER, IF THERE BE ANY,
OF THE RETAIL PACKAGE OF SUCH DRUG, DEVICE OR COSMETIC OR IS EASILY
LEGIBLE THROUGH THE OUTSIDE CONTAINER OR WRAPPER.
11. "IMMEDIATE CONTAINER" DOES NOT INCLUDE PACKAGE LINERS.
12. "LABELING" MEANS ALL LABELS AND OTHER WRITTEN, PRINTED OR PICTORI-
AL MATTER:
A. UPON ANY DRUG, DEVICE OR COSMETIC OR ANY OF ITS CONTAINERS OR WRAP-
PERS, OR
B. ACCOMPANYING SUCH DRUG, DEVICE OR COSMETIC.
13. "MISBRANDING". IF A DRUG, DEVICE OR COSMETIC IS ALLEGED TO BE
MISBRANDED BECAUSE THE LABELING IS MISLEADING, OR IF AN ADVERTISEMENT IS
ALLEGED TO BE FALSE BECAUSE IT IS MISLEADING THEN IN DETERMINING WHETHER
THE LABELING OR ADVERTISEMENT IS MISLEADING THERE SHALL BE TAKEN INTO
ACCOUNT (AMONG OTHER THINGS) NOT ONLY REPRESENTATIONS MADE OR SUGGESTED
BY STATEMENT, WORD, DESIGN, DEVICE, SOUND OR ANY COMBINATION THEREOF,
BUT ALSO THE EXTENT TO WHICH THE LABELING FAILS TO REVEAL FACTS MATERIAL
S. 4007--A 332 A. 3007--A
IN THE LIGHT OF SUCH REPRESENTATIONS OR MATERIAL WITH RESPECT TO CONSE-
QUENCES WHICH MAY RESULT FROM THE USE OF THE DRUG, DEVICE, OR COSMETIC
TO WHICH THE LABELING OR ADVERTISING RELATES UNDER THE CONDITIONS OF USE
PRESCRIBED IN THE LABELING OR ADVERTISING THEREOF OR UNDER SUCH CONDI-
TIONS OF USE AS ARE CUSTOMARY OR USUAL. NO DRUG, DEVICE OR COSMETIC
WHICH IS SUBJECT TO, AND COMPLIES WITH REGULATIONS PROMULGATED UNDER THE
PROVISIONS OF THE FEDERAL FOOD, DRUG, AND COSMETIC ACT, RELATING TO
ADULTERATION AND MISBRANDING SHALL BE DEEMED TO BE ADULTERATED OR
MISBRANDED IN VIOLATION OF THE PROVISIONS OF THIS TITLE BECAUSE OF ITS
FAILURE TO COMPLY WITH THE BOARD'S REGULATIONS, OR THE RULES OF THE
STATE BOARD OF PHARMACY, INSOFAR AS THE REGULATIONS ARE IN CONFLICT WITH
REGULATIONS RELATING TO ADULTERATION AND MISBRANDING UNDER THE FEDERAL
FOOD, DRUG AND COSMETIC ACT.
14. "ANTISEPTIC". THE REPRESENTATION OF A DRUG, DEVICE OR COSMETIC IN
ITS LABELING, AS AN ANTISEPTIC, SHALL BE CONSIDERED TO BE A REPRESEN-
TATION THAT IT IS A GERMICIDE, EXCEPT IN THE CASE OF A DRUG PURPORTING
TO BE, OR REPRESENTED AS, AN ANTISEPTIC FOR INHIBITORY USE AS A WET
DRESSING, OINTMENT, DUSTING POWDER, OR SUCH OTHER USE AS INVOLVES
PROLONGED CONTACT WITH THE BODY.
15. "NEW DRUG" MEANS:
A. ANY DRUG NOT GENERALLY RECOGNIZED, AMONG EXPERTS QUALIFIED BY
SCIENTIFIC TRAINING AND EXPERIENCE TO EVALUATE THE SAFETY AND EFFECTIVE-
NESS OF DRUGS, AS SAFE AND EFFECTIVE FOR USE UNDER THE CONDITIONS
PRESCRIBED, RECOMMENDED OR SUGGESTED BY THE DRUG'S LABELING, EXCEPT THAT
SUCH A DRUG NOT SO RECOGNIZED SHALL NOT BE DEEMED TO BE A "NEW DRUG" IF
AT ANY TIME PRIOR TO SEPTEMBER FIRST, NINETEEN HUNDRED THIRTY-NINE IT
WAS SUBJECT TO THE FORMER FEDERAL FOOD AND DRUG ACT OF JUNE THIRTIETH,
NINETEEN HUNDRED SIX, AS AMENDED, AND IF AT SUCH TIME ITS LABELING
CONTAINED THE SAME REPRESENTATIONS CONCERNING THE CONDITIONS OF ITS USE;
B. ANY DRUG, THE COMPOSITION OF WHICH IS SUCH THAT THE DRUG, AS A
RESULT OF INVESTIGATIONS TO DETERMINE ITS SAFETY AND EFFECTIVENESS FOR
USE UNDER SUCH CONDITIONS, HAS BECOME RECOGNIZED, BUT WHICH HAS NOT
OTHERWISE THAN IN SUCH INVESTIGATIONS BEEN USED TO A MATERIAL EXTENT OR
FOR A MATERIAL TIME UNDER SUCH CONDITIONS.
16. "DEVICE" MEANS INSTRUMENTS, APPARATUS, AND CONTRIVANCES, INCLUDING
THEIR COMPONENTS, PARTS AND ACCESSORIES, INTENDED:
A. FOR USE IN THE DIAGNOSIS, CURE, MITIGATION, TREATMENT, OR
PREVENTION OF DISEASE IN MAN OR ANIMALS; OR
B. TO AFFECT THE STRUCTURE OR ANY FUNCTION OF THE BODY OF MAN OR
ANIMALS.
17. THE TERM "FEDERAL FOOD, DRUG AND COSMETIC ACT" MEANS THE FEDERAL
FOOD, DRUG, AND COSMETIC ACT OF THE UNITED STATES OF AMERICA, APPROVED
JUNE TWENTY-FIFTH, NINETEEN HUNDRED THIRTY-EIGHT, OFFICIALLY CITED AS
PUBLIC DOCUMENT NUMBER SEVEN HUNDRED SEVENTEEN--SEVENTY-FIFTH CONGRESS
(CHAPTER SIX HUNDRED SEVENTY-FIVE--THIRD SESSION), AND ALL ITS AMEND-
MENTS NOW OR HEREAFTER ENACTED.
18. "WHOLESALER" MEANS A PERSON WHO BOTTLES, PACKS OR PURCHASES DRUGS,
DEVICES OR COSMETICS FOR THE PURPOSE OF SELLING OR RESELLING TO PHARMA-
CIES OR TO OTHER CHANNELS AS PROVIDED IN THIS TITLE.
19. "ADVERTISEMENT" MEANS ALL REPRESENTATIONS DISSEMINATED IN ANY
MANNER OR BY ANY MEANS, OTHER THAN BY LABELING, FOR THE PURPOSE OF
INDUCING, OR WHICH ARE LIKELY TO INDUCE, DIRECTLY OR INDIRECTLY, THE
PURCHASE OF DRUGS, DEVICES OR COSMETICS.
20. "CONTROLLED SUBSTANCE" MEANS ANY DRUG DEFINED AS A CONTROLLED
SUBSTANCE BY ARTICLE THIRTY-THREE OF THIS CHAPTER.
S. 4007--A 333 A. 3007--A
21. "MANUFACTURER" MEANS A PERSON WHO COMPOUNDS, MIXES, PREPARES,
PRODUCES, AND BOTTLES OR PACKS DRUGS, COSMETICS OR DEVICES FOR THE
PURPOSE OF DISTRIBUTING OR SELLING TO PHARMACIES OR TO OTHER CHANNELS OF
DISTRIBUTION.
22. "ADMINISTER", FOR THE PURPOSE OF SECTION SIXTY-EIGHT HUNDRED ONE
OF THIS TITLE, MEANS:
A. THE DIRECT APPLICATION OF AN IMMUNIZING AGENT TO ADULTS, WHETHER BY
INJECTION, INGESTION, INHALATION OR ANY OTHER MEANS, PURSUANT TO A
PATIENT SPECIFIC ORDER OR NON-PATIENT SPECIFIC REGIMEN PRESCRIBED OR
ORDERED BY A PHYSICIAN OR CERTIFIED NURSE PRACTITIONER, FOR: IMMUNIZA-
TIONS TO PREVENT INFLUENZA, PNEUMOCOCCAL, ACUTE HERPES ZOSTER, HEPATITIS
A, HEPATITIS B, HUMAN PAPILLOMAVIRUS, MEASLES, MUMPS, RUBELLA, VARICEL-
LA, COVID-19, MENINGOCOCCAL, TETANUS, DIPHTHERIA OR PERTUSSIS DISEASE
AND MEDICATIONS REQUIRED FOR EMERGENCY TREATMENT OF ANAPHYLAXIS; AND
OTHER IMMUNIZATIONS RECOMMENDED BY THE ADVISORY COMMITTEE ON IMMUNIZA-
TION PRACTICES OF THE CENTERS FOR DISEASE CONTROL AND PREVENTION FOR
PATIENTS EIGHTEEN YEARS OF AGE OR OLDER IF THE COMMISSIONER OF EDUCATION
IN CONSULTATION WITH THE COMMISSIONER DETERMINES THAT AN IMMUNIZATION:
(I) (A) MAY BE SAFELY ADMINISTERED BY A LICENSED PHARMACIST WITHIN
THEIR LAWFUL SCOPE OF PRACTICE; AND (B) IS NEEDED TO PREVENT THE TRANS-
MISSION OF A REPORTABLE COMMUNICABLE DISEASE THAT IS PREVALENT IN NEW
YORK STATE; OR (II) IS A RECOMMENDED IMMUNIZATION FOR SUCH PATIENTS WHO:
(A) MEET AGE REQUIREMENTS, (B) LACK DOCUMENTATION OF SUCH IMMUNIZATION,
(C) LACK EVIDENCE OF PAST INFECTION, OR (D) HAVE AN ADDITIONAL RISK
FACTOR OR ANOTHER INDICATION AS RECOMMENDED BY THE ADVISORY COMMITTEE ON
IMMUNIZATION PRACTICES OF THE CENTERS FOR DISEASE CONTROL AND
PREVENTION. IF THE COMMISSIONER DETERMINES THAT THERE IS AN OUTBREAK OF
DISEASE, OR THAT THERE IS THE IMMINENT THREAT OF AN OUTBREAK OF DISEASE,
THEN THE COMMISSIONER MAY ISSUE A NON-PATIENT SPECIFIC REGIMEN APPLICA-
BLE STATEWIDE.
B. THE DIRECT APPLICATION OF AN IMMUNIZING AGENT TO CHILDREN BETWEEN
THE AGES OF TWO AND EIGHTEEN YEARS OF AGE, WHETHER BY INJECTION, INGES-
TION, INHALATION OR ANY OTHER MEANS, PURSUANT TO A PATIENT SPECIFIC
ORDER OR NON-PATIENT SPECIFIC REGIMEN PRESCRIBED OR ORDERED BY A PHYSI-
CIAN OR CERTIFIED NURSE PRACTITIONER, FOR IMMUNIZATION TO PREVENT INFLU-
ENZA AND MEDICATIONS REQUIRED FOR EMERGENCY TREATMENT OF ANAPHYLAXIS
RESULTING FROM SUCH IMMUNIZATION. IF THE COMMISSIONER DETERMINES THAT
THERE IS AN OUTBREAK OF INFLUENZA, OR THAT THERE IS THE IMMINENT THREAT
OF AN OUTBREAK OF INFLUENZA, THEN THE COMMISSIONER MAY ISSUE A NON-PA-
TIENT SPECIFIC REGIMEN APPLICABLE STATEWIDE.
23. "ELECTRONIC PRESCRIPTION" MEANS A PRESCRIPTION CREATED, RECORDED,
OR STORED BY ELECTRONIC MEANS; ISSUED WITH AN ELECTRONIC SIGNATURE; AND
TRANSMITTED BY ELECTRONIC MEANS, IN ACCORDANCE WITH REGULATIONS OF THE
COMMISSIONER AND FEDERAL REGULATIONS; PROVIDED, HOWEVER, THAT AN
ORIGINAL HARD COPY PRESCRIPTION THAT IS CREATED ELECTRONICALLY OR OTHER-
WISE MAY BE TRANSMITTED FROM THE PRESCRIBER TO THE PHARMACIST BY FACSIM-
ILE AND MUST BE MANUALLY SIGNED. "ELECTRONIC" MEANS OF OR RELATING TO
TECHNOLOGY HAVING ELECTRICAL, DIGITAL, MAGNETIC, WIRELESS, OPTICAL,
ELECTROMAGNETIC, OR SIMILAR CAPABILITIES. "ELECTRONIC SIGNATURE" MEANS
AN ELECTRONIC SOUND, SYMBOL, OR PROCESS, ATTACHED TO OR LOGICALLY ASSO-
CIATED WITH AN ELECTRONIC PRESCRIPTION AND EXECUTED OR ADOPTED BY A
PERSON WITH THE INTENT TO SIGN THE PRESCRIPTION, IN ACCORDANCE WITH
REGULATIONS OF THE COMMISSIONER AND FEDERAL REGULATIONS.
24. "COMPOUNDING" MEANS THE COMBINING, ADMIXING, MIXING, DILUTING,
POOLING, RECONSTITUTING, OR OTHERWISE ALTERING OF A DRUG OR BULK DRUG
SUBSTANCE TO CREATE A DRUG WITH RESPECT TO AN OUTSOURCING FACILITY UNDER
S. 4007--A 334 A. 3007--A
SECTION 503B OF THE FEDERAL FOOD, DRUG AND COSMETIC ACT AND FURTHER
DEFINED IN THIS SECTION.
25. "OUTSOURCING FACILITY" MEANS A FACILITY THAT:
A. IS ENGAGED IN THE COMPOUNDING OF STERILE DRUGS;
B. IS CURRENTLY REGISTERED AS AN OUTSOURCING FACILITY WITH THE
SECRETARY OF HEALTH AND HUMAN SERVICES; AND
C. COMPLIES WITH ALL APPLICABLE REQUIREMENTS OF FEDERAL AND STATE LAW,
INCLUDING THE FEDERAL FOOD, DRUG AND COSMETIC ACT.
26. "STERILE DRUG" MEANS A DRUG THAT IS INTENDED FOR PARENTERAL ADMIN-
ISTRATION, AN OPHTHALMIC OR ORAL INHALATION DRUG IN AQUEOUS FORMAT, OR A
DRUG THAT IS REQUIRED TO BE STERILE UNDER FEDERAL OR STATE LAW.
27. "BIOLOGICAL PRODUCT" MEANS A BIOLOGICAL PRODUCT AS DEFINED IN
SUBSECTION (I) OF SECTION 351 OF THE PUBLIC HEALTH SERVICE ACT, 42
U.S.C. SECTION 262(I).
28. "INTERCHANGEABLE BIOLOGICAL PRODUCT" MEANS A BIOLOGICAL PRODUCT
LICENSED BY THE UNITED STATES FOOD AND DRUG ADMINISTRATION PURSUANT TO
42 U.S.C. SECTION 262(K)(4) AS SET FORTH IN THE LATEST EDITION OR
SUPPLEMENT OF THE UNITED STATES FOOD AND DRUG ADMINISTRATION LISTS OF
LICENSED BIOLOGICAL PRODUCTS WITH REFERENCE PRODUCT EXCLUSIVITY AND
BIOSIMILARITY OR INTERCHANGEABILITY EVALUATIONS, SOMETIMES REFERRED TO
AS THE "PURPLE BOOK", OR A BIOLOGICAL PRODUCT DETERMINED BY THE UNITED
STATES FOOD AND DRUG ADMINISTRATION TO BE THERAPEUTICALLY EQUIVALENT AS
SET FORTH IN THE LATEST EDITION OR SUPPLEMENT OF THE UNITED STATES FOOD
AND DRUG ADMINISTRATION APPROVED DRUG PRODUCTS WITH THERAPEUTIC EQUIV-
ALENCE EVALUATIONS, SOMETIMES REFERRED TO AS THE "ORANGE BOOK".
§ 6803. PRACTICE OF PHARMACY AND USE OF TITLE "PHARMACIST". ONLY A
PERSON LICENSED OR OTHERWISE AUTHORIZED UNDER THIS TITLE SHALL PRACTICE
PHARMACY OR USE THE TITLE "PHARMACIST" OR ANY DERIVATIVE.
§ 6804. STATE BOARD OF PHARMACY. A STATE BOARD OF PHARMACY SHALL BE
APPOINTED BY THE REGENTS ON RECOMMENDATION OF THE COMMISSIONER FOR THE
PURPOSE OF ASSISTING THE REGENTS AND THE DEPARTMENT ON MATTERS OF
PROFESSIONAL LICENSING AND PROFESSIONAL CONDUCT IN ACCORDANCE WITH
SECTION SIXTY-FIVE HUNDRED EIGHT OF THIS ARTICLE. THE BOARD SHALL BE
COMPOSED OF NOT LESS THAN NINE PHARMACISTS LICENSED IN THIS STATE FOR AT
LEAST FIVE YEARS AND TWO REGISTERED PHARMACY TECHNICIANS. THE INITIAL
REGISTERED PHARMACY TECHNICIAN MEMBERS OF THE STATE BOARD OF PHARMACY
NEED NOT BE LICENSED PRIOR TO THEIR APPOINTMENT BUT SHALL HAVE MET ALL
OTHER REQUIREMENTS OF LICENSURE PURSUANT TO SECTION SIXTY-EIGHT HUNDRED
FORTY-FOUR OF THIS ARTICLE EXCEPT FOR FILING AN APPLICATION AND PAYING A
FEE. AN EXECUTIVE SECRETARY TO THE BOARD SHALL BE APPOINTED BY THE
REGENTS ON RECOMMENDATION OF THE COMMISSIONER AND SHALL BE A PHARMACIST
LICENSED IN THIS STATE FOR AT LEAST FIVE YEARS. THE BOARD SHALL PROVIDE
ASSISTANCE TO THE DEPARTMENT:
1. TO REGULATE THE PRACTICE OF PHARMACY, REGISTERED PHARMACY TECHNI-
CIANS AND THE EMPLOYMENT OF INTERNS AND EMPLOYEES IN PHARMACIES,
2. TO REGULATE AND CONTROL THE SALE, DISTRIBUTION, CHARACTER AND STAN-
DARD OF DRUGS, POISONS, COSMETICS, DEVICES AND NEW DRUGS,
3. TO PREVENT THE SALE OR DISTRIBUTION OF SUCH DRUGS, POISONS, COSMET-
ICS, DEVICES AND NEW DRUGS AS DO NOT CONFORM TO THE PROVISIONS OF THIS
CHAPTER,
4. TO INVESTIGATE ALLEGED VIOLATIONS OF THE PROVISIONS OF THIS TITLE,
AND
5. TO ISSUE LIMITED PERMITS OR REGISTRATIONS.
§ 6805. REQUIREMENTS FOR A PROFESSIONAL LICENSE. 1. TO QUALIFY FOR A
PHARMACIST'S LICENSE, AN APPLICANT SHALL FULFILL THE FOLLOWING REQUIRE-
MENTS:
S. 4007--A 335 A. 3007--A
A. APPLICATION: FILE AN APPLICATION WITH THE DEPARTMENT;
B. EDUCATION: HAVE RECEIVED AN EDUCATION, INCLUDING A BACHELOR'S OR
EQUIVALENT DEGREE IN PHARMACY, IN ACCORDANCE WITH THE COMMISSIONER'S
REGULATIONS;
C. EXPERIENCE: HAVE EXPERIENCE SATISFACTORY TO THE BOARD AND IN
ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS;
D. EXAMINATION: PASS AN EXAMINATION SATISFACTORY TO THE BOARD AND IN
ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS;
E. AGE: BE AT LEAST TWENTY-ONE YEARS OF AGE;
F. CITIZENSHIP OR IMMIGRATION STATUS: BE A UNITED STATES CITIZEN OR AN
ALIEN LAWFULLY ADMITTED FOR PERMANENT RESIDENCE IN THE UNITED STATES;
G. CHARACTER: BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE DEPART-
MENT; AND
H. FEES: PAY A FEE OF ONE HUNDRED SEVENTY-FIVE DOLLARS TO THE DEPART-
MENT FOR ADMISSION TO A DEPARTMENT CONDUCTED EXAMINATION AND FOR AN
INITIAL LICENSE, A FEE OF EIGHTY-FIVE DOLLARS FOR EACH RE-EXAMINATION, A
FEE OF ONE HUNDRED FIFTEEN DOLLARS FOR AN INITIAL LICENSE FOR PERSONS
NOT REQUIRING ADMISSION TO A DEPARTMENT CONDUCTED EXAMINATION, AND A FEE
OF ONE HUNDRED FIFTY-FIVE DOLLARS FOR EACH TRIENNIAL REGISTRATION PERI-
OD.
2. ON OR BEFORE APRIL FIRST, NINETEEN HUNDRED SEVENTY-TWO, ANY PERSON
WHO HOLDS A VALID LICENSE AS "DRUGGIST" IN THIS STATE SHALL MAKE APPLI-
CATION AND ON THE PAYMENT OF FEES SPECIFIED IN THIS TITLE BE LICENSED BY
THE DEPARTMENT AS A PHARMACIST. SUCH PERSON SHALL HAVE ALL OF THE
RIGHTS, PRIVILEGES, DUTIES AND RESPONSIBILITIES OF A PHARMACIST.
§ 6806. LIMITED PERMITS. 1. THE DEPARTMENT MAY ISSUE A LIMITED PERMIT
FOR EMPLOYMENT AS A "PHARMACY INTERN" TO:
A. A STUDENT ENROLLED IN THE LAST TWO YEARS OF A REGISTERED PROGRAM IN
PHARMACY, OR
B. A GRADUATE OF A PROGRAM IN PHARMACY WHICH MEETS STANDARDS ESTAB-
LISHED BY THE COMMISSIONER'S REGULATIONS WHO IS ENGAGED IN MEETING THE
EXPERIENCE REQUIREMENTS OR WHOSE APPLICATION FOR INITIAL LICENSURE IS
PENDING WITH THE DEPARTMENT.
2. A PHARMACY INTERN MAY, AS DETERMINED BY THE COMMISSIONER'S REGU-
LATIONS, PRACTICE AS A PHARMACIST UNDER THE IMMEDIATE PERSONAL SUPER-
VISION OF A LICENSED PHARMACIST. A PHARMACY INTERN MAY ALSO RECEIVE A
CERTIFICATE OF ADMINISTRATION IF HE OR SHE PROVIDES SATISFACTORY
EVIDENCE TO THE COMMISSIONER THAT HE OR SHE MEETS THE REQUIREMENTS OF
SUBDIVISION THREE OF THIS SECTION.
3. NO PHARMACY INTERN SHALL ADMINISTER IMMUNIZING AGENTS WITHOUT
RECEIVING TRAINING SATISFACTORY TO THE COMMISSIONER, AS PRESCRIBED IN
REGULATIONS OF THE COMMISSIONER, WHICH SHALL INCLUDE, BUT NOT BE LIMITED
TO: TECHNIQUES FOR SCREENING INDIVIDUALS AND OBTAINING INFORMED CONSENT;
TECHNIQUES OF ADMINISTRATION; INDICATIONS, PRECAUTIONS AND CONTRAINDICA-
TIONS IN THE USE OF AN AGENT OR AGENTS; RECORDKEEPING OF IMMUNIZATION
AND INFORMATION; AND HANDLING EMERGENCIES, INCLUDING ANAPHYLAXIS AND
NEEDLESTICK INJURIES. TO RECEIVE A CERTIFICATION TO ADMINISTER IMMUNIZA-
TIONS, THE PHARMACY INTERN SHALL PROVIDE DOCUMENTATION, ON A FORM
PRESCRIBED BY THE DEPARTMENT, FROM THE DEAN OR OTHER APPROPRIATE OFFI-
CIAL OF THE REGISTERED PROGRAM THAT THE INTERN HAS COMPLETED THE
REQUIRED TRAINING, PURSUANT TO REGULATIONS OF THE COMMISSIONER.
4. A LIMITED PERMIT ISSUED TO A PHARMACY INTERN SHALL HAVE AN EXPIRA-
TION DATE OF FIVE YEARS FROM THE DATE OF ISSUE. LIMITED PERMITS MAY BE
RENEWED ONCE FOR A PERIOD NOT TO EXCEED TWO YEARS.
5. THE FEE FOR EACH LIMITED PERMIT ISSUED TO A PHARMACY INTERN SHALL
BE SEVENTY DOLLARS.
S. 4007--A 336 A. 3007--A
6. IN THE CASE OF A PHARMACY INTERN, CERTIFIED TO ADMINISTER IMMUNIZA-
TIONS, ADMINISTRATION MUST BE CONDUCTED UNDER THE IMMEDIATE PERSONAL
SUPERVISION OF A LICENSED PHARMACIST CERTIFIED TO ADMINISTER VACCINES. A
PERSON RECEIVING A VACCINE MUST BE INFORMED THAT A PHARMACY INTERN,
CERTIFIED TO ADMINISTER IMMUNIZATIONS, WILL BE ADMINISTERING THE VACCINE
AND OF THE OPTION TO RECEIVE THE VACCINATION FROM A CERTIFIED PHARMA-
CIST.
§ 6807. EXEMPT PERSONS; SPECIAL PROVISIONS. 1. THIS TITLE SHALL NOT BE
CONSTRUED TO AFFECT OR PREVENT:
A. UNLICENSED ASSISTANTS FROM BEING EMPLOYED IN LICENSED PHARMACIES
FOR PURPOSES OTHER THAN THE PRACTICE OF PHARMACY;
B. ANY PHYSICIAN, DENTIST, VETERINARIAN OR OTHER LICENSED HEALTH CARE
PROVIDER LEGALLY AUTHORIZED TO PRESCRIBE DRUGS UNDER THIS TITLE WHO IS
NOT THE OWNER OF A PHARMACY OR WHO IS NOT IN THE EMPLOY OF SUCH OWNER,
FROM SUPPLYING HIS PATIENTS WITH SUCH DRUGS AS THE PHYSICIAN, DENTIST,
VETERINARIAN OR OTHER LICENSED HEALTH CARE PROVIDER LEGALLY AUTHORIZED
TO PRESCRIBE DRUGS UNDER THIS TITLE DEEMS PROPER IN CONNECTION WITH HIS
PRACTICE, PROVIDED, HOWEVER, THAT ALL SUCH DRUGS SHALL BE DISPENSED IN A
CONTAINER LABELED WITH THE NAME AND ADDRESS OF THE DISPENSER AND
PATIENT, DIRECTIONS FOR USE, AND DATE OF DELIVERY, AND IN ADDITION, SUCH
DRUG SHALL BEAR A LABEL CONTAINING THE PROPRIETARY OR BRAND NAME OF THE
DRUG AND, IF APPLICABLE, THE STRENGTH OF THE CONTENTS, UNLESS THE PERSON
ISSUING THE PRESCRIPTION SPECIFICALLY STATES ON THE PRESCRIPTION IN HIS
OWN HANDWRITING, THAT THE NAME OF THE DRUG AND THE STRENGTH THEREOF
SHOULD NOT APPEAR ON THE LABEL; PROVIDED FURTHER THAT IF SUCH DRUGS ARE
CONTROLLED SUBSTANCES, THEY SHALL BE DISPENSED PURSUANT TO THE REQUIRE-
MENTS OF ARTICLE THIRTY-THREE OF THIS CHAPTER;
C. ANY MERCHANT FROM SELLING PROPRIETARY MEDICINES, EXCEPT THOSE WHICH
ARE POISONOUS, DELETERIOUS OR HABIT FORMING, OR MATERIALS AND DEVICES
SPECIFICALLY EXEMPTED BY REGULATIONS OF THE DEPARTMENT OR BY PROVISIONS
OF THIS CHAPTER;
D. ANY PERSONNEL IN AN INSTITUTION OF HIGHER LEARNING FROM USING PRES-
CRIPTION-REQUIRED DRUGS ON THE PREMISES FOR AUTHORIZED RESEARCH, EXPER-
IMENTS OR INSTRUCTION, IN ACCORDANCE WITH THE DEPARTMENT'S REGULATIONS
AND, IF SUCH DRUGS ARE CONTROLLED SUBSTANCES, IN ACCORDANCE WITH TITLE
THREE OF ARTICLE THIRTY-THREE OF THIS CHAPTER; OR
E. THE NECESSARY AND ORDINARY ACTIVITIES OF MANUFACTURERS AND WHOLE-
SALERS, SUBJECT TO THE PROVISIONS OF ARTICLE THIRTY-THREE OF THIS CHAP-
TER.
2. A. NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH B OF SUBDIVISION ONE
OF THIS SECTION, NO PRESCRIBER WHO IS NOT THE OWNER OF A PHARMACY OR WHO
IS NOT IN THE EMPLOY OF SUCH OWNER, MAY DISPENSE MORE THAN A SEVENTY-
TWO-HOUR SUPPLY OF DRUGS, EXCEPT FOR:
(I) PERSONS PRACTICING IN HOSPITALS AS DEFINED IN SECTION TWENTY-EIGHT
HUNDRED ONE OF THIS CHAPTER;
(II) THE DISPENSING OF DRUGS AT NO CHARGE TO THEIR PATIENTS;
(III) PERSONS WHOSE PRACTICES ARE SITUATED TEN MILES OR MORE FROM A
REGISTERED PHARMACY;
(IV) THE DISPENSING OF DRUGS IN A CLINIC, INFIRMARY OR HEALTH SERVICE
THAT IS OPERATED BY OR AFFILIATED WITH A POST-SECONDARY INSTITUTION;
(V) PERSONS LICENSED PURSUANT TO TITLE EIGHT OF THIS ARTICLE;
(VI) THE DISPENSING OF DRUGS IN A MEDICAL EMERGENCY AS DEFINED IN
SUBDIVISION SIX OF SECTION SIXTY-EIGHT HUNDRED TEN OF THIS TITLE;
(VII) THE DISPENSING OF DRUGS THAT ARE DILUTED, RECONSTITUTED OR
COMPOUNDED BY A PRESCRIBER;
(VIII) THE DISPENSING OF ALLERGENIC EXTRACTS; OR
S. 4007--A 337 A. 3007--A
(IX) THE DISPENSING OF DRUGS PURSUANT TO AN ONCOLOGICAL OR AIDS PROTO-
COL.
B. THE COMMISSIONER MAY PROMULGATE REGULATIONS TO IMPLEMENT THIS
SUBDIVISION AND MAY, BY REGULATION, ESTABLISH ADDITIONAL RENEWABLE
EXEMPTIONS FOR A PERIOD NOT TO EXCEED ONE YEAR FROM THE PROVISIONS OF
PARAGRAPH A OF THIS SUBDIVISION.
3. A PHARMACIST MAY DISPENSE DRUGS AND DEVICES TO A REGISTERED PROFES-
SIONAL NURSE, AND A REGISTERED PROFESSIONAL NURSE MAY POSSESS AND ADMIN-
ISTER, DRUGS AND DEVICES, PURSUANT TO A NON-PATIENT SPECIFIC REGIMEN
PRESCRIBED OR ORDERED BY A LICENSED PHYSICIAN OR CERTIFIED NURSE PRACTI-
TIONER, PURSUANT TO REGULATIONS PROMULGATED BY THE COMMISSIONER AND BY
PROVISIONS OF THIS CHAPTER.
§ 6808. REGISTERING AND OPERATING ESTABLISHMENTS. 1. REGISTRATION
REQUIREMENT. NO PERSON, FIRM, CORPORATION OR ASSOCIATION SHALL POSSESS
DRUGS, PRESCRIPTIONS OR POISONS FOR THE PURPOSE OF COMPOUNDING, DISPENS-
ING, RETAILING, WHOLESALING, OR MANUFACTURING, OR SHALL OFFER DRUGS,
PRESCRIPTIONS OR POISONS FOR SALE AT RETAIL OR WHOLESALE UNLESS REGIS-
TERED BY THE DEPARTMENT AS A PHARMACY, WHOLESALER, MANUFACTURER OR
OUTSOURCING FACILITY.
2. PHARMACIES. A. OBTAINING A REGISTRATION. A PHARMACY SHALL BE
REGISTERED AS FOLLOWS:
(I) THE APPLICATION SHALL BE MADE ON A FORM PRESCRIBED BY THE DEPART-
MENT.
(II) THE APPLICATION SHALL BE ACCOMPANIED BY A FEE OF THREE HUNDRED
FORTY-FIVE DOLLARS.
(III) TO SECURE AND RETAIN A REGISTRATION, A PHARMACY MUST BE EQUIPPED
WITH FACILITIES, APPARATUS, UTENSILS AND STOCKS OF DRUGS AND MEDICINES
SUFFICIENT TO PERMIT THE PROMPT AND EFFICIENT COMPOUNDING AND DISPENSING
OF PRESCRIPTIONS, AS PRESCRIBED BY REGULATION.
B. RENEWAL OF REGISTRATION. ALL PHARMACY REGISTRATIONS SHALL BE
RENEWED ON DATES SET BY THE DEPARTMENT. THE TRIENNIAL REGISTRATION FEE
SHALL BE TWO HUNDRED SIXTY DOLLARS, OR A PRORATED PORTION THEREOF AS
DETERMINED BY THE DEPARTMENT. AT THE TIME OF RENEWAL, THE OWNER OF EVERY
PHARMACY SHALL REPORT UNDER OATH TO THE DEPARTMENT ANY FACTS REQUIRED BY
THE STATE BOARD OF PHARMACY.
C. DISPLAY OF REGISTRATION. THE REGISTRATION SHALL BE CONSPICUOUSLY
DISPLAYED AT ALL TIMES IN THE PHARMACY. THE NAMES OF THE OWNER OR OWNERS
OF A PHARMACY SHALL BE CONSPICUOUSLY DISPLAYED UPON THE EXTERIOR OF SUCH
ESTABLISHMENT. THE NAMES SO DISPLAYED SHALL BE PRESUMPTIVE EVIDENCE OF
OWNERSHIP OF SUCH PHARMACY BY SUCH PERSON OR PERSONS. IN THE EVENT THAT
THE OWNER OF A LICENSED PHARMACY IS NOT A LICENSED PHARMACIST, THE PHAR-
MACY REGISTRATION ISSUED SHALL ALSO BEAR THE NAME OF THE LICENSED PHAR-
MACIST HAVING PERSONAL SUPERVISION OF THE PHARMACY. IN THE EVENT THAT
SUCH LICENSED PHARMACIST SHALL NO LONGER HAVE PERSONAL SUPERVISION OF
THE PHARMACY, THE OWNER SHALL NOTIFY THE DEPARTMENT OF SUCH FACT AND OF
THE NAME OF THE LICENSED PHARMACIST REPLACING THE PHARMACIST NAMED ON
THE LICENSE AND SHALL APPLY FOR AN AMENDED REGISTRATION SHOWING THE
CHANGE. THE AMENDED REGISTRATION MUST BE ATTACHED TO THE ORIGINAL REGIS-
TRATION AND DISPLAYED IN THE SAME MANNER. BOTH THE OWNER AND THE SUPER-
VISING PHARMACIST SHALL BE RESPONSIBLE FOR CARRYING OUT THE PROVISIONS
OF THIS TITLE.
D. CHANGE OF LOCATION. IN THE EVENT THAT THE LOCATION OF A PHARMACY
SHALL BE CHANGED, THE OWNER SHALL APPLY TO THE DEPARTMENT FOR INSPECTION
OF THE NEW LOCATION AND ENDORSEMENT OF THE REGISTRATION FOR THE NEW
LOCATION. THE FEE FOR INSPECTION AND ENDORSEMENT SHALL BE FIFTY DOLLARS,
S. 4007--A 338 A. 3007--A
UNLESS IT APPEARS TO THE SATISFACTION OF THE DEPARTMENT THAT THE CHANGE
IN LOCATION IS OF TEMPORARY NATURE DUE TO FIRE, FLOOD OR OTHER DISASTER.
E. CONDUCT OF A PHARMACY. EVERY OWNER OF A PHARMACY IS RESPONSIBLE FOR
THE STRENGTH, QUALITY, PURITY AND THE LABELING THEREOF OF ALL DRUGS,
TOXIC SUBSTANCES, DEVICES AND COSMETICS, DISPENSED OR SOLD, SUBJECT TO
THE GUARANTY PROVISIONS OF THIS TITLE AND THIS CHAPTER. EVERY OWNER OF A
PHARMACY OR EVERY PHARMACIST IN CHARGE OF A PHARMACY SHALL BE RESPONSI-
BLE FOR THE PROPER CONDUCT OF THEIR PHARMACY. EVERY PHARMACY SHALL BE
UNDER THE IMMEDIATE SUPERVISION AND MANAGEMENT OF A LICENSED PHARMACIST
AT ALL HOURS WHEN OPEN. NO PHARMACIST SHALL HAVE PERSONAL SUPERVISION
OF MORE THAN ONE PHARMACY AT THE SAME TIME.
F. A PHARMACY AS A DEPARTMENT. WHEN A PHARMACY IS OPERATED AS A
DEPARTMENT OF A LARGER COMMERCIAL ESTABLISHMENT, THE AREA COMPRISING THE
PHARMACY SHALL BE PHYSICALLY SEPARATED FROM THE REST OF THE ESTABLISH-
MENT, SO THAT ACCESS TO THE PHARMACY AND DRUGS IS NOT AVAILABLE WHEN A
PHARMACIST IS NOT ON DUTY. IDENTIFICATION OF THE AREA WITHIN THE PHARMA-
CY BY USE OF THE WORDS "DRUGS", "MEDICINES", "DRUG STORE", OR "PHARMACY"
OR SIMILAR TERMS SHALL BE RESTRICTED TO THE AREA LICENSED BY THE DEPART-
MENT AS A PHARMACY.
G. LIMITED PHARMACY REGISTRATION. (I) WHEN, IN THE OPINION OF THE
DEPARTMENT, A HIGH STANDARD OF PATIENT SAFETY, CONSISTENT WITH GOOD
PATIENT CARE, CAN BE PROVIDED BY THE REGISTERING OF A PHARMACY WITHIN A
HOSPITAL, NURSING HOME OR EXTENDED CARE FACILITY WHICH DOES NOT MEET ALL
OF THE REQUIREMENTS FOR REGISTRATION AS A PHARMACY, THE DEPARTMENT MAY
WAIVE ANY REQUIREMENTS PERTAINING TO FULL-TIME OPERATION BY A LICENSED
PHARMACIST, MINIMUM EQUIPMENT, MINIMUM SPACE AND WAITING AREA, PROVIDED
THAT WHEN THE WAIVER OF ANY OF THE ABOVE REQUIREMENTS IS GRANTED BY THE
BOARD, THE PHARMACEUTICAL SERVICES TO BE RENDERED BY THE PHARMACY SHALL
BE LIMITED TO FURNISHING DRUGS TO PATIENTS REGISTERED FOR TREATMENT BY
THE HOSPITAL, AND TO IN-PATIENTS FOR TREATMENT BY THE NURSING HOME OR
EXTENDED CARE FACILITY.
(II) WHEN IN THE OPINION OF THE DEPARTMENT, A HIGH STANDARD OF PATIENT
SAFETY, CONSISTENT WITH GOOD PATIENT CARE, CAN BE PROVIDED BY THE REGIS-
TERING OF A PHARMACY WITHIN A FACILITY DISTRIBUTING DIALYSIS SOLUTIONS
FOR PATIENTS SUFFERING FROM END STAGE RENAL DISEASE AND WHERE THE PHAR-
MACEUTICAL SERVICES TO BE RENDERED BY THE PHARMACY SHALL BE LIMITED TO
FURNISHING DIALYSIS SOLUTIONS TO PATIENTS FOR WHOM SUCH HAS BEEN
PRESCRIBED BY A DULY AUTHORIZED PRESCRIBER, THE DEPARTMENT MAY WAIVE
CERTAIN REQUIREMENTS, INCLUDING, BUT NOT LIMITED TO, FULL-TIME OPERATION
BY A LICENSED PHARMACIST, MINIMUM EQUIPMENT, AND MINIMUM SPACE AND WAIT-
ING AREA. SUCH SOLUTIONS SHALL ONLY BE DISPENSED BY EMPLOYEES WHO HAVE
COMPLETED AN APPROVED TRAINING PROGRAM AND WHO HAVE DEMONSTRATED PROFI-
CIENCY TO PERFORM THE TASK OR TASKS OF ASSEMBLING, LABELING OR DELIVER-
ING A PATIENT ORDER AND WHO WORK UNDER THE GENERAL SUPERVISION OF A
LICENSED PHARMACIST WHO SHALL BE RESPONSIBLE FOR THE DISTRIBUTION,
RECORD KEEPING, LABELING AND DELIVERY OF ALL DIALYSIS SOLUTIONS
DISPENSED BY THE DISTRIBUTOR AS REQUIRED BY THE DEPARTMENT.
(III) THE DEPARTMENT SHALL PROMULGATE SUCH RULES OR REGULATIONS
CONSISTENT WITH THIS PARAGRAPH AS ARE NECESSARY TO ENSURE THE SAFE
DISTRIBUTION OF SUCH DIALYSIS SOLUTIONS, INCLUDING ESTABLISHMENT REGIS-
TRATION AND PROPER RECORD KEEPING, STORAGE, AND LABELING.
(IV) THE INITIAL REGISTRATION FEE AND RENEWAL FEE FOR A LIMITED PHAR-
MACY SHALL BE THREE HUNDRED FORTY-FIVE DOLLARS FOR EACH TRIENNIAL REGIS-
TRATION PERIOD.
H. APPLICANT REGISTRATION. AN APPLICANT FOR REGISTRATION AS A PHARMACY
SHALL BE OF GOOD MORAL CHARACTER, AS DETERMINED BY THE DEPARTMENT. IN
S. 4007--A 339 A. 3007--A
THE CASE OF A CORPORATE APPLICANT, THE REQUIREMENT SHALL EXTEND TO ALL
OFFICERS AND DIRECTORS AND TO STOCKHOLDERS HAVING A TEN PERCENT OR
GREATER INTEREST IN THE CORPORATION.
3. WHOLESALER'S OR MANUFACTURER'S REGISTRATION. A. OBTAINING A REGIS-
TRATION. A WHOLESALER OR MANUFACTURER SHALL BE REGISTERED AS FOLLOWS:
(I) THE APPLICATION SHALL BE MADE ON A FORM PRESCRIBED BY THE DEPART-
MENT.
(II) THE APPLICATION SHALL BE ACCOMPANIED BY A FEE OF EIGHT HUNDRED
TWENTY-FIVE DOLLARS.
B. RENEWAL OF REGISTRATION. ALL WHOLESALERS' AND MANUFACTURERS' REGIS-
TRATIONS SHALL BE RENEWED ON DATES SET BY THE DEPARTMENT. THE TRIENNIAL
REGISTRATION FEE SHALL BE FIVE HUNDRED TWENTY DOLLARS, OR A PRORATED
PORTION THEREOF AS DETERMINED BY THE DEPARTMENT.
C. DISPLAY OF REGISTRATION. THE REGISTRATION SHALL BE DISPLAYED
CONSPICUOUSLY AT ALL TIMES IN THE PLACE OF BUSINESS.
D. CHANGE OF LOCATION. IN THE EVENT THAT THE LOCATION OF SUCH PLACE OF
BUSINESS SHALL BE CHANGED, THE OWNER SHALL APPLY TO THE DEPARTMENT FOR
INSPECTION OF THE NEW LOCATION AND ENDORSEMENT OF THE REGISTRATION FOR
THE NEW LOCATION. THE FEE FOR INSPECTION AND ENDORSEMENT SHALL BE ONE
HUNDRED SEVENTY DOLLARS, UNLESS IT APPEARS TO THE SATISFACTION OF THE
DEPARTMENT THAT THE CHANGE IN LOCATION IS OF A TEMPORARY NATURE DUE TO
FIRE, FLOOD OR OTHER DISASTER.
4. OUTSOURCING FACILITY'S REGISTRATION. A. OBTAINING A REGISTRATION.
AN OUTSOURCING FACILITY SHALL BE REGISTERED AS FOLLOWS:
(I) AN APPLICATION FOR INITIAL REGISTRATION OR RENEWAL OF REGISTRATION
SHALL BE MADE ON A FORM PRESCRIBED BY THE DEPARTMENT.
(II) AN APPLICATION FOR INITIAL REGISTRATION SHALL BE ACCOMPANIED BY A
FEE OF EIGHT HUNDRED TWENTY-FIVE DOLLARS.
B. RENEWAL OF REGISTRATION. ALL OUTSOURCING FACILITIES' REGISTRATIONS
SHALL BE RENEWED ON A DATE SET BY THE DEPARTMENT. THE TRIENNIAL REGIS-
TRATION FEE SHALL BE FIVE HUNDRED TWENTY DOLLARS, OR A PRORATED PORTION
THEREOF AS DETERMINED BY THE DEPARTMENT.
C. DISPLAY OF REGISTRATION. THE REGISTRATION SHALL BE DISPLAYED
CONSPICUOUSLY IN THE PLACE OF BUSINESS.
D. CHANGE OF LOCATION. IN THE EVENT THAT THE LOCATION OF SUCH PLACE OF
BUSINESS SHALL BE CHANGED, THE OWNER SHALL APPLY TO THE DEPARTMENT FOR
INSPECTION OF THE NEW LOCATION AND ENDORSEMENT OF THE REGISTRATION FOR
THE NEW LOCATION. THE FEE FOR INSPECTION AND ENDORSEMENT SHALL BE ONE
HUNDRED SEVENTY-FIVE DOLLARS, UNLESS IT APPEARS TO THE SATISFACTION OF
THE DEPARTMENT THAT THE CHANGE IN LOCATION IS OF A TEMPORARY NATURE DUE
TO FIRE, FLOOD OR OTHER DISASTER.
E. REPORT. UPON INITIALLY REGISTERING AS AN OUTSOURCING FACILITY AND
EVERY SIX MONTHS THEREAFTER, EACH OUTSOURCING FACILITY SHALL SUBMIT TO
THE EXECUTIVE SECRETARY OF THE STATE BOARD OF PHARMACY A REPORT:
(I) IDENTIFYING THE DRUGS COMPOUNDED BY SUCH OUTSOURCING FACILITY
DURING THE PREVIOUS SIX-MONTH PERIOD; AND
(II) WITH RESPECT TO EACH DRUG IDENTIFIED UNDER SUBPARAGRAPH (I) OF
THIS PARAGRAPH, PROVIDING THE ACTIVE INGREDIENT; THE SOURCE OF SUCH
ACTIVE INGREDIENT; THE NATIONAL DRUG CODE NUMBER OF THE SOURCE DRUG OR
BULK ACTIVE INGREDIENT, IF AVAILABLE; THE STRENGTH OF THE ACTIVE INGRE-
DIENT PER UNIT; THE DOSAGE FORM AND ROUTE OF ADMINISTRATION; THE PACKAGE
DESCRIPTION; THE NUMBER OF INDIVIDUAL UNITS PRODUCED; AND THE NATIONAL
DRUG CODE NUMBER OF THE FINAL PRODUCT, IF ASSIGNED.
F. CONDUCT OF OUTSOURCING FACILITY. EVERY OWNER OF AN OUTSOURCING
FACILITY IS RESPONSIBLE FOR THE STRENGTH, QUALITY, PURITY AND LABELING
THEREOF OF ALL COMPOUNDED DRUGS, SUBJECT TO THE GUARANTY PROVISIONS OF
S. 4007--A 340 A. 3007--A
THIS TITLE AND THIS CHAPTER. EVERY OUTSOURCING FACILITY SHALL BE UNDER
THE IMMEDIATE SUPERVISION AND MANAGEMENT OF A PHARMACIST LICENSED TO
PRACTICE IN NEW YORK STATE.
G. APPLICANT FOR REGISTRATION. AN APPLICANT FOR REGISTRATION OF AN
OUTSOURCING FACILITY SHALL BE OF GOOD MORAL CHARACTER, AS DETERMINED BY
THE DEPARTMENT. IN THE CASE OF A CORPORATE APPLICANT, THE REQUIREMENT
SHALL EXTEND TO ALL OFFICERS AND DIRECTORS AND STAKEHOLDERS HAVING A TEN
PERCENT OR GREATER INTEREST IN THE CORPORATION.
5. INSPECTION. THE STATE BOARD OF PHARMACY AND THE DEPARTMENT, AND
THEIR EMPLOYEES DESIGNATED BY THE COMMISSIONER, SHALL HAVE THE RIGHT TO
ENTER ANY PHARMACY, WHOLESALER, MANUFACTURER, OUTSOURCING FACILITY OR
VEHICLE AND TO INSPECT, AT REASONABLE TIMES, SUCH FACTORY, WAREHOUSE,
ESTABLISHMENT OR VEHICLE AND ALL RECORDS REQUIRED BY THIS TITLE, PERTI-
NENT EQUIPMENT, FINISHED AND UNFINISHED MATERIALS, CONTAINERS, AND
LABELS.
6. PENALTIES. A PHARMACY, WHOLESALER, MANUFACTURER OR OUTSOURCING
FACILITY REGISTERED UNDER THIS SECTION SHALL BE UNDER THE SUPERVISION OF
THE DEPARTMENT AND SHALL BE SUBJECT TO DISCIPLINARY PROCEEDINGS AND
PENALTIES IN ACCORDANCE WITH SUBTITLE THREE OF TITLE ONE OF THIS ARTICLE
IN THE SAME MANNER AND TO THE SAME EXTENT AS INDIVIDUALS AND PROFES-
SIONAL SERVICE CORPORATIONS WITH RESPECT TO THEIR LICENSES AND REGISTRA-
TIONS, PROVIDED THAT FAILURE TO COMPLY WITH THE REQUIREMENTS OF THIS
SECTION SHALL CONSTITUTE PROFESSIONAL MISCONDUCT.
7. SALE OF DRUGS AT AUCTION. NO CONTROLLED SUBSTANCE OR SUBSTANCES AND
NO POISONOUS OR DELETERIOUS DRUGS OR DRUGS IN BULK OR IN OPENED CONTAIN-
ERS SHALL BE SOLD AT AUCTION UNLESS THE PLACE WHERE SUCH DRUGS ARE SOLD
AT AUCTION SHALL HAVE BEEN REGISTERED BY THE BOARD, AND UNLESS SUCH SALE
SHALL BE UNDER THE PERSONAL SUPERVISION OF A LICENSED PHARMACIST. DRUGS
IN OPEN CONTAINERS SHALL NOT BE SOLD AT AUCTION UNLESS THE SELLER SHALL
HAVE IN HIS OR HER POSSESSION A CERTIFICATE OF THE BOARD SHOWING THAT
SUCH DRUGS HAVE BEEN INSPECTED AND MEET THE REQUIREMENTS OF THIS TITLE.
IN THE EVENT THAT THE DRUG SO SOLD IS ONE AS TO WHICH THIS TITLE OR ANY
FEDERAL STATUTE OR ANY REGULATION ADOPTED PURSUANT TO THIS TITLE OR AN
APPLICABLE FEDERAL STATUTE REQUIRE THAT THE EXPIRATION DATE BE STATED ON
EACH PACKAGE, SUCH DRUG MAY NOT BE SOLD AT AUCTION AFTER SUCH EXPIRATION
DATE OR WHEN SUCH EXPIRATION DATE WILL OCCUR WITHIN A PERIOD OF THIRTY
DAYS OR LESS FROM THE DATE OF SALE.
§ 6809. IDENTIFICATION OF PHARMACISTS. EVERY PHARMACIST ON DUTY SHALL
BE IDENTIFIED BY A BADGE DESIGNED BY THE STATE BOARD OF PHARMACY, WHICH
SHALL CONTAIN HIS OR HER NAME AND TITLE.
§ 6809-A. REGISTRATION OF NONRESIDENT ESTABLISHMENTS. 1. DEFINITION.
THE TERM "NONRESIDENT ESTABLISHMENT" SHALL MEAN ANY PHARMACY, MANUFAC-
TURER, WHOLESALER, OR OUTSOURCING FACILITY LOCATED OUTSIDE OF THE STATE
THAT SHIPS, MAILS OR DELIVERS PRESCRIPTION DRUGS OR DEVICES TO OTHER
ESTABLISHMENTS, AUTHORIZED PRESCRIBERS AND/OR PATIENTS RESIDING IN THIS
STATE. SUCH ESTABLISHMENTS SHALL INCLUDE, BUT NOT BE LIMITED TO, PHARMA-
CIES THAT TRANSACT BUSINESS THROUGH THE USE OF THE INTERNET.
2. REGISTRATION. ALL NONRESIDENT ESTABLISHMENTS THAT SHIP, MAIL, OR
DELIVER PRESCRIPTION DRUGS AND/OR DEVICES TO OTHER REGISTERED ESTABLISH-
MENTS, AUTHORIZED PRESCRIBERS, AND/OR PATIENTS INTO THIS STATE SHALL BE
REGISTERED WITH THE DEPARTMENT; EXCEPT THAT SUCH REGISTRATION SHALL NOT
APPLY TO INTRA-COMPANY TRANSFERS BETWEEN ANY DIVISION, AFFILIATE,
SUBSIDIARIES, PARENT OR OTHER ENTITIES UNDER COMPLETE COMMON OWNERSHIP
AND CONTROL. THE PROVISIONS OF THIS SUBDIVISION SHALL APPLY SOLELY TO
NONRESIDENT ESTABLISHMENTS AND SHALL NOT AFFECT ANY OTHER PROVISION OF
THIS TITLE.
S. 4007--A 341 A. 3007--A
3. AGENT OF RECORD. EACH NONRESIDENT ESTABLISHMENT THAT SHIPS, MAILS
OR DELIVERS DRUGS AND/OR DEVICES INTO THIS STATE SHALL DESIGNATE A RESI-
DENT AGENT IN THIS STATE FOR SERVICE OF PROCESS PURSUANT TO RULE THREE
HUNDRED EIGHTEEN OF THE CIVIL PRACTICE LAW AND RULES.
4. CONDITIONS OF REGISTRATION. AS A CONDITION OF REGISTRATION, A
NONRESIDENT ESTABLISHMENT SHALL COMPLY WITH THE FOLLOWING REQUIREMENTS:
A. BE LICENSED AND/OR REGISTERED AND IN GOOD STANDING WITH THE STATE
OF RESIDENCE;
B. MAINTAIN, IN READILY RETRIEVABLE FORM, RECORDS OF DRUGS AND/OR
DEVICES SHIPPED INTO THIS STATE;
C. SUPPLY, UPON REQUEST, ALL INFORMATION NEEDED BY THE DEPARTMENT TO
CARRY OUT THE DEPARTMENT'S RESPONSIBILITIES UNDER THE LAWS AND RULES AND
REGULATIONS PERTAINING TO NONRESIDENT ESTABLISHMENTS;
D. COMPLY WITH ALL STATUTORY AND REGULATORY REQUIREMENTS OF THE STATE
WHERE THE NONRESIDENT ESTABLISHMENT IS LOCATED, FOR PRESCRIPTION DRUGS
OR DEVICES SHIPPED, MAILED OR DELIVERED INTO THIS STATE, EXCEPT THAT FOR
CONTROLLED SUBSTANCES SHIPPED, MAILED OR DELIVERED INTO THIS STATE, THE
NONRESIDENT PHARMACY SHALL FOLLOW FEDERAL LAW AND NEW YORK LAW RELATING
TO CONTROLLED SUBSTANCES;
E. THE APPLICATION SHALL BE MADE IN THE MANNER AND FORM PRESCRIBED BY
THE DEPARTMENT;
F. THE APPLICATION OF ESTABLISHMENTS TO BE REGISTERED AS A MANUFACTUR-
ER, WHOLESALER OR OUTSOURCING FACILITY OF DRUGS AND/OR DEVICES SHALL BE
ACCOMPANIED BY A FEE AS PROVIDED IN SECTION SIXTY-EIGHT HUNDRED EIGHT OF
THIS TITLE; AND
G. THE APPLICATION OF ESTABLISHMENTS TO BE REGISTERED AS A NONRESIDENT
PHARMACY SHALL BE ACCOMPANIED BY A FEE OF THREE HUNDRED FORTY-FIVE
DOLLARS AND SHALL BE RENEWED TRIENNIALLY AT A FEE OF TWO HUNDRED SIXTY
DOLLARS.
5. ADDITIONAL REQUIREMENTS. NONRESIDENT PHARMACIES REGISTERED PURSUANT
TO THIS SECTION SHALL:
A. PROVIDE A TOLL-FREE TELEPHONE NUMBER THAT IS AVAILABLE DURING
NORMAL BUSINESS HOURS AND AT LEAST FORTY HOURS PER WEEK, TO ENABLE
COMMUNICATION BETWEEN A PATIENT IN THIS STATE AND A PHARMACIST AT THE
PHARMACY WHO HAS ACCESS TO THE PATIENT'S RECORDS; AND
B. PLACE SUCH TOLL-FREE TELEPHONE NUMBER ON A LABEL AFFIXED TO EACH
DRUG OR DEVICE CONTAINER.
6. DISCIPLINARY ACTION. EXCEPT IN EMERGENCIES THAT CONSTITUTE AN IMME-
DIATE THREAT TO PUBLIC HEALTH, THE DEPARTMENT SHALL NOT PROSECUTE A
COMPLAINT OR OTHERWISE TAKE FORMAL ACTION AGAINST A NONRESIDENT ESTAB-
LISHMENT BASED UPON DELIVERY OF A DRUG INTO THIS STATE OR A VIOLATION OF
LAW, RULE, OR REGULATION OF THIS STATE IF THE AGENCY HAVING JURISDICTION
IN THE STATE WHERE THE NONRESIDENT ESTABLISHMENT IS BASED COMMENCES
ACTION ON THE VIOLATION COMPLAINED OF WITHIN ONE HUNDRED TWENTY DAYS
FROM THE DATE THAT THE VIOLATION WAS REPORTED; PROVIDED HOWEVER, THAT
THE DEPARTMENT MAY PROSECUTE A COMPLAINT OR TAKE FORMAL ACTION AGAINST A
NONRESIDENT ESTABLISHMENT IF IT DETERMINES THAT THE AGENCY HAVING JURIS-
DICTION IN THE STATE WHERE THE NONRESIDENT ESTABLISHMENT IS BASED HAS
UNREASONABLY DELAYED OR OTHERWISE FAILED TO TAKE PROMPT AND APPROPRIATE
ACTION ON A REPORTED VIOLATION.
7. REVOCATION OR SUSPENSION. A NONRESIDENT ESTABLISHMENT THAT FAILS TO
COMPLY WITH THE REQUIREMENTS OF THIS SECTION SHALL BE SUBJECT TO REVOCA-
TION OR SUSPENSION OF ITS REGISTRATION AND OTHER APPLICABLE PENALTIES IN
ACCORDANCE WITH THE PROVISIONS OF SUBTITLE THREE OF TITLE ONE OF THIS
ARTICLE.
S. 4007--A 342 A. 3007--A
8. EXCEPTION. THE DEPARTMENT MAY GRANT AN EXCEPTION FROM THE REGISTRA-
TION REQUIREMENTS OF THIS SECTION ON THE APPLICATION OF A NONRESIDENT
ESTABLISHMENT THAT RESTRICTS ITS SALE OR DISPENSING OF DRUGS AND/OR
DEVICES TO RESIDENTS OF THIS STATE TO ISOLATED TRANSACTIONS.
9. RULES AND REGULATIONS. THE DEPARTMENT SHALL PROMULGATE RULES AND
REGULATIONS TO IMPLEMENT THE PROVISIONS OF THIS SECTION.
§ 6810. PRESCRIPTIONS. 1. NO DRUG FOR WHICH A PRESCRIPTION IS REQUIRED
BY THE PROVISIONS OF THE FEDERAL FOOD, DRUG AND COSMETIC ACT OR BY THE
COMMISSIONER SHALL BE DISTRIBUTED OR DISPENSED TO ANY PERSON EXCEPT UPON
A PRESCRIPTION WRITTEN BY A PERSON LEGALLY AUTHORIZED TO ISSUE SUCH
PRESCRIPTION. SUCH DRUG SHALL BE COMPOUNDED OR DISPENSED BY A LICENSED
PHARMACIST, AND NO SUCH DRUG SHALL BE DISPENSED WITHOUT AFFIXING TO THE
IMMEDIATE CONTAINER IN WHICH THE DRUG IS SOLD OR DISPENSED A LABEL BEAR-
ING THE NAME AND ADDRESS OF THE OWNER OF THE ESTABLISHMENT IN WHICH IT
WAS DISPENSED, THE DATE COMPOUNDED, THE NUMBER OF THE PRESCRIPTION UNDER
WHICH IT IS RECORDED IN THE PHARMACIST'S PRESCRIPTION FILES, THE NAME OF
THE PRESCRIBER, THE NAME AND ADDRESS OF THE PATIENT, AND THE DIRECTIONS
FOR THE USE OF THE DRUG BY THE PATIENT AS GIVEN UPON THE PRESCRIPTION.
ALL LABELS SHALL CONFORM TO SUCH RULES AND REGULATIONS AS PROMULGATED BY
THE COMMISSIONER PURSUANT TO SECTION SIXTY-EIGHT HUNDRED TWENTY-NINE OF
THIS TITLE. THE PRESCRIBING AND DISPENSING OF A DRUG WHICH IS A
CONTROLLED SUBSTANCE SHALL BE SUBJECT TO ADDITIONAL REQUIREMENTS
PROVIDED IN ARTICLE THIRTY-THREE OF THIS CHAPTER. THE WORDS "DRUG" AND
"PRESCRIPTION REQUIRED DRUG" WITHIN THE MEANING OF THIS TITLE SHALL NOT
BE CONSTRUED TO INCLUDE SOFT OR HARD CONTACT LENSES, EYEGLASSES, OR ANY
OTHER DEVICE FOR THE AID OR CORRECTION OF VISION. NOTHING IN THIS SUBDI-
VISION SHALL PREVENT A PHARMACY FROM FURNISHING A DRUG TO ANOTHER PHAR-
MACY WHICH DOES NOT HAVE SUCH DRUG IN STOCK FOR THE PURPOSE OF FILLING A
PRESCRIPTION.
2. A. A PRESCRIPTION MAY NOT BE REFILLED UNLESS IT BEARS A CONTRARY
INSTRUCTION AND INDICATES ON ITS FACE THE NUMBER OF TIMES IT MAY BE
REFILLED. A PRESCRIPTION MAY NOT BE REFILLED MORE TIMES THAN ALLOWED ON
THE PRESCRIPTION. THE DATE OF EACH REFILLING MUST BE INDICATED ON THE
ORIGINAL PRESCRIPTION. PRESCRIPTIONS FOR CONTROLLED SUBSTANCES SHALL BE
REFILLED ONLY PURSUANT TO ARTICLE THIRTY-THREE OF THIS CHAPTER.
B. A PHARMACY REGISTERED WITH THE DEPARTMENT PURSUANT TO SECTION
SIXTY-EIGHT HUNDRED EIGHT OR SIXTY-EIGHT HUNDRED NINE-A OF THIS TITLE
MAY NOT DELIVER A NEW OR REFILLED PRESCRIPTION OFF PREMISES WITHOUT THE
CONSENT OF THE PATIENT OR AN INDIVIDUAL AUTHORIZED TO CONSENT ON THE
PATIENT'S BEHALF. FOR THE PURPOSES OF THIS SECTION, CONSENT MAY BE
OBTAINED IN THE SAME MANNER AND PROCESS BY WHICH CONSENT IS DEEMED
ACCEPTABLE UNDER THE FEDERAL MEDICARE PART D PROGRAM.
C. PHARMACY PROVIDERS WHO DELIVER MEDICATION WITHOUT PATIENT OR
AUTHORIZED INDIVIDUAL CONSENT WILL BE REQUIRED TO ACCEPT THE RETURN OF
THE MEDICATION FROM THE PATIENT, PROVIDE THAT PATIENT CREDIT FOR ANY
CHARGES THEY MAY HAVE PAID, AND WILL BE REQUIRED TO DESTROY THOSE MEDI-
CATIONS SENT WITHOUT CONSENT ON DELIVERY IN ACCORDANCE WITH APPLICABLE
STATE AND FEDERAL LAW. NOTHING IN THIS SECTION SHALL BE DEEMED TO INTER-
FERE WITH THE REQUIREMENTS FOR REFILL REMINDER OR MEDICATION ADHERENCE
PROGRAMS. NOTHING IN THIS SECTION IS INTENDED TO APPLY TO LONG-TERM
CARE PHARMACY DISPENSING AND DELIVERY.
3. A COPY OF A PRESCRIPTION FOR A CONTROLLED SUBSTANCE SHALL NOT BE
FURNISHED TO THE PATIENT BUT MAY BE FURNISHED TO ANY LICENSED PRACTI-
TIONER AUTHORIZED TO WRITE SUCH PRESCRIPTION. COPIES OF OTHER
PRESCRIPTIONS SHALL BE FURNISHED TO THE PATIENT AT HIS OR HER REQUEST,
S. 4007--A 343 A. 3007--A
BUT SUCH COPIES ARE ISSUED FOR THE INFORMATIONAL PURPOSES OF THE PRES-
CRIBERS ONLY, AND SHALL BE SO WORDED.
4. A. ORAL PRESCRIPTIONS FOR CONTROLLED SUBSTANCES SHALL BE FILLED
PURSUANT TO ARTICLE THIRTY-THREE OF THIS CHAPTER. A PHARMACIST MAY FILL
AN ORAL PRESCRIPTION FOR A DRUG, OTHER THAN A CONTROLLED SUBSTANCE, MADE
BY A PRACTITIONER LEGALLY AUTHORIZED TO PRESCRIBE DRUGS. AN ORAL
AUTHORIZATION FOR THE REFILL OF A PRESCRIPTION, OTHER THAN A
PRESCRIPTION FOR A CONTROLLED SUBSTANCE, MAY BE MADE BY A PRACTITIONER
LEGALLY AUTHORIZED TO PRESCRIBE DRUGS. THE PHARMACIST RECEIVING SUCH
ORAL AUTHORIZATION FOR THE REFILL OF A PRESCRIPTION SHALL WRITE ON THE
REVERSE SIDE OF THE ORIGINAL PRESCRIPTION THE DATE, TIME, AND NAME OF
THE PRACTITIONER AUTHORIZING THE REFILL OF THE PRESCRIPTION. AN ORAL
PRESCRIPTION OR AN ORAL AUTHORIZATION FOR THE REFILL OF A PRESCRIPTION
FOR THE DRUG, OTHER THAN A CONTROLLED SUBSTANCE, MAY BE COMMUNICATED BY
AN EMPLOYEE OF THE PRESCRIBING PRACTITIONER; PROVIDED, HOWEVER, THE
PHARMACIST SHALL:
(I) CONTEMPORANEOUSLY REDUCE SUCH PRESCRIPTION TO WRITING;
(II) DISPENSE THE SUBSTANCE IN CONFORMITY WITH THE LABELING REQUIRE-
MENTS APPLICABLE TO A WRITTEN PRESCRIPTION; AND
(III) MAKE A GOOD FAITH EFFORT TO VERIFY THE EMPLOYEE'S IDENTITY IF
THE EMPLOYEE IS UNKNOWN TO THE PHARMACIST.
B. ORAL PRESCRIPTIONS FOR PATIENTS IN GENERAL HOSPITALS, NURSING
HOMES, RESIDENTIAL HEALTH CARE FACILITIES AS DEFINED IN SECTION TWENTY-
EIGHT HUNDRED ONE OF THIS CHAPTER, HOSPITALS AS DEFINED IN SUBDIVISION
TEN OF SECTION 1.03 OF THE MENTAL HYGIENE LAW, OR FACILITIES OPERATED BY
THE OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES, MAY BE COMMUNI-
CATED TO A PHARMACIST SERVING AS A VENDOR OF PHARMACEUTICAL SERVICES
BASED UPON A CONTRACTUAL ARRANGEMENT BY AN AGENT DESIGNATED BY AND UNDER
THE DIRECTION OF THE PRESCRIBER OR THE INSTITUTION. SUCH AGENT SHALL BE
A HEALTH CARE PRACTITIONER CURRENTLY LICENSED AND REGISTERED UNDER THIS
ARTICLE.
5. RECORDS OF ALL PRESCRIPTIONS FILLED OR REFILLED SHALL BE MAINTAINED
FOR A PERIOD OF AT LEAST FIVE YEARS AND UPON REQUEST MADE AVAILABLE FOR
INSPECTION AND COPYING BY A REPRESENTATIVE OF THE DEPARTMENT. SUCH
RECORDS SHALL INDICATE DATE OF FILLING OR REFILLING, DOCTOR'S NAME,
PATIENT'S NAME AND ADDRESS AND THE NAME OR INITIALS OF THE PHARMACIST
WHO PREPARED, COMPOUNDED, OR DISPENSED THE PRESCRIPTION. RECORDS OF
PRESCRIPTIONS FOR CONTROLLED SUBSTANCES SHALL BE MAINTAINED PURSUANT TO
REQUIREMENTS OF ARTICLE THIRTY-THREE OF THIS CHAPTER.
6. A. EVERY PRESCRIPTION WRITTEN IN THIS STATE BY A PERSON AUTHORIZED
TO ISSUE SUCH PRESCRIPTION SHALL BE ON PRESCRIPTION FORMS CONTAINING ONE
LINE FOR THE PRESCRIBER'S SIGNATURE. THE PRESCRIBER'S SIGNATURE SHALL
VALIDATE THE PRESCRIPTION. EVERY ELECTRONIC PRESCRIPTION SHALL PROVIDE
FOR THE PRESCRIBER'S ELECTRONIC SIGNATURE, WHICH SHALL VALIDATE THE
ELECTRONIC PRESCRIPTION. IMPRINTED CONSPICUOUSLY ON EVERY PRESCRIPTION
WRITTEN IN THIS STATE IN EIGHT-POINT UPPER CASE TYPE IMMEDIATELY BELOW
THE SIGNATURE LINE SHALL BE THE WORDS: "THIS PRESCRIPTION WILL BE
FILLED GENERICALLY UNLESS PRESCRIBER WRITES 'D A W' IN THE BOX BELOW".
UNLESS THE PRESCRIBER WRITES D A W IN SUCH BOX IN THE PRESCRIBER'S OWN
HANDWRITING OR, IN THE CASE OF ELECTRONIC PRESCRIPTIONS, INSERTS AN
ELECTRONIC DIRECTION TO DISPENSE THE DRUG AS WRITTEN, THE PRESCRIBER'S
SIGNATURE OR ELECTRONIC SIGNATURE SHALL DESIGNATE APPROVAL OF SUBSTI-
TUTION BY A PHARMACIST OF A DRUG PRODUCT PURSUANT TO PARAGRAPH (O) OF
SUBDIVISION ONE OF SECTION TWO HUNDRED SIX OF THIS CHAPTER. NO OTHER
LETTERS OR MARKS IN SUCH BOX SHALL PROHIBIT SUBSTITUTION. NO
PRESCRIPTION FORMS USED OR INTENDED TO BE USED BY A PERSON AUTHORIZED TO
S. 4007--A 344 A. 3007--A
ISSUE A PRESCRIPTION SHALL HAVE 'D A W' PREPRINTED IN SUCH BOX. SUCH BOX
SHALL BE PLACED DIRECTLY UNDER THE SIGNATURE LINE AND SHALL BE THREE-
QUARTERS INCH IN LENGTH AND ONE-HALF INCH IN HEIGHT, OR IN COMPARABLE
FORM FOR AN ELECTRONIC PRESCRIPTION AS MAY BE SPECIFIED BY REGULATION OF
THE COMMISSIONER. IMMEDIATELY BELOW SUCH BOX SHALL BE IMPRINTED IN SIX
POINT TYPE THE WORDS "DISPENSE AS WRITTEN". NOTWITHSTANDING ANY OTHER
PROVISION OF LAW, NO STATE OFFICIAL, AGENCY, BOARD OR OTHER ENTITY SHALL
PROMULGATE ANY REGULATION OR GUIDELINE MODIFYING THOSE ELEMENTS OF THE
PRESCRIPTION FORM'S CONTENTS SPECIFIED IN THIS SUBDIVISION. TO THE
EXTENT OTHERWISE PERMITTED BY LAW, A PRESCRIBER MAY MODIFY ONLY THOSE
ELEMENTS OF THE PRESCRIPTION FORM'S CONTENTS NOT SPECIFIED IN THIS
SUBDIVISION. NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION OR ANY
OTHER LAW, WHEN A GENERIC DRUG IS NOT AVAILABLE AND THE BRAND NAME DRUG
ORIGINALLY PRESCRIBED IS AVAILABLE AND THE PHARMACIST AGREES TO DISPENSE
THE BRAND NAME PRODUCT FOR A PRICE THAT WILL NOT EXCEED THE PRICE THAT
WOULD HAVE BEEN CHARGED FOR THE GENERIC SUBSTITUTE HAD IT BEEN AVAIL-
ABLE, SUBSTITUTION OF A GENERIC DRUG PRODUCT WILL NOT BE REQUIRED. IF
THE GENERIC DRUG PRODUCT IS NOT AVAILABLE AND A MEDICAL EMERGENCY SITU-
ATION, WHICH FOR PURPOSES OF THIS SECTION IS DEFINED AS ANY CONDITION
REQUIRING ALLEVIATION OF SEVERE PAIN OR WHICH THREATENS TO CAUSE DISA-
BILITY OR TAKE LIFE IF NOT PROMPTLY TREATED, EXISTS, THEN THE PHARMACIST
MAY DISPENSE THE BRAND NAME PRODUCT AT HIS OR HER REGULAR PRICE. IN SUCH
INSTANCES THE PHARMACIST MUST RECORD THE DATE, HOUR AND NATURE OF THE
MEDICAL EMERGENCY ON THE BACK OF THE PRESCRIPTION AND KEEP A COPY OF ALL
SUCH PRESCRIPTIONS.
B. THE PRESCRIBER SHALL INFORM THE PATIENT WHETHER HE OR SHE HAS
PRESCRIBED A BRAND NAME OR ITS GENERIC EQUIVALENT DRUG PRODUCT.
C. THE PROVISIONS OF THIS SUBDIVISION SHALL NOT APPLY TO A HOSPITAL AS
DEFINED IN ARTICLE TWENTY-EIGHT OF THIS CHAPTER.
D. NO PRESCRIBER SHALL BE SUBJECTED TO CIVIL LIABILITY ARISING SOLELY
FROM AUTHORIZING, IN ACCORDANCE WITH THIS SUBDIVISION, THE SUBSTITUTION
BY A PHARMACIST OF A DRUG PRODUCT PURSUANT TO PARAGRAPH (O) OF SUBDIVI-
SION ONE OF SECTION TWO HUNDRED SIX OF THIS CHAPTER.
7. A. NO PRESCRIPTION FOR A DRUG WRITTEN IN THIS STATE BY A PERSON
AUTHORIZED TO ISSUE SUCH PRESCRIPTION SHALL BE ON A PRESCRIPTION FORM
WHICH AUTHORIZES THE DISPENSING OR COMPOUNDING OF ANY OTHER DRUG. NO
DRUG SHALL BE DISPENSED BY A PHARMACIST WHEN SUCH PRESCRIPTION FORM
INCLUDES ANY OTHER DRUG.
B. WITH RESPECT TO DRUGS OTHER THAN CONTROLLED SUBSTANCES, THE
PROVISIONS OF THIS SUBDIVISION SHALL NOT APPLY TO PHARMACISTS EMPLOYED
BY OR PROVIDING SERVICES UNDER CONTRACT TO GENERAL HOSPITALS, NURSING
HOMES, RESIDENTIAL HEALTH CARE FACILITIES AS DEFINED IN SECTION TWENTY-
EIGHT HUNDRED ONE OF THIS CHAPTER, HOSPITALS AS DEFINED IN SUBDIVISION
TEN OF SECTION 1.03 OF THE MENTAL HYGIENE LAW, OR FACILITIES OPERATED BY
THE OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES, WHO DISPENSE
DRUGS IN THE COURSE OF SAID EMPLOYMENT OR IN THE COURSE OF PROVIDING
SUCH SERVICES UNDER CONTRACT. WITH RESPECT TO SUCH PHARMACISTS, EACH
PRESCRIPTION SHALL BE TRANSCRIBED ON A PATIENT SPECIFIC PRESCRIPTION
FORM.
8. EVERY PRESCRIPTION, WHETHER OR NOT FOR A CONTROLLED SUBSTANCE,
WRITTEN IN THIS STATE BY A PERSON AUTHORIZED TO ISSUE SUCH PRESCRIPTION
AND CONTAINING THE PRESCRIBER'S SIGNATURE SHALL, IN ADDITION TO SUCH
SIGNATURE, BE IMPRINTED OR STAMPED LEGIBLY AND CONSPICUOUSLY WITH THE
PRINTED NAME OF THE PRESCRIBER WHO HAS SIGNED THE PRESCRIPTION. THE
IMPRINTED OR STAMPED NAME OF THE SIGNING PRESCRIBER SHALL APPEAR IN AN
APPROPRIATE LOCATION ON THE PRESCRIPTION FORM AND SHALL NOT BE ENTERED
S. 4007--A 345 A. 3007--A
IN OR UPON ANY SPACE OR LINE RESERVED FOR THE PRESCRIBER'S SIGNATURE.
THE IMPRINTED OR STAMPED NAME SHALL NOT BE EMPLOYED AS A SUBSTITUTE FOR,
OR FULFILL ANY LEGAL REQUIREMENT OTHERWISE MANDATING THAT THE
PRESCRIPTION BE SIGNED BY THE PRESCRIBER.
9. NO PERSON, CORPORATION, ASSOCIATION OR OTHER ENTITY, NOT LICENSED
TO ISSUE A PRESCRIPTION PURSUANT TO THIS ARTICLE, SHALL WILLFULLY CAUSE
PRESCRIPTION FORMS, BLANKS OR FACSIMILES THEREOF TO BE DISSEMINATED TO
ANY PERSON OTHER THAN A PERSON WHO IS LICENSED TO ISSUE A PRESCRIPTION
PURSUANT TO THIS ARTICLE. A VIOLATION OF THIS SUBDIVISION SHALL BE A
CLASS B MISDEMEANOR PUNISHABLE IN ACCORDANCE WITH THE PROVISIONS OF THE
PENAL LAW.
10. NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION OR ANY OTHER
LAW TO THE CONTRARY, EFFECTIVE THREE YEARS SUBSEQUENT TO THE DATE ON
WHICH REGULATIONS ESTABLISHING STANDARDS FOR ELECTRONIC PRESCRIPTIONS
ARE PROMULGATED BY THE COMMISSIONER PURSUANT TO SUBDIVISION THREE OF
SECTION TWO HUNDRED EIGHTY-ONE OF THIS CHAPTER, NO PRACTITIONER SHALL
ISSUE ANY PRESCRIPTION IN THIS STATE, UNLESS SUCH PRESCRIPTION IS MADE
BY ELECTRONIC PRESCRIPTION FROM THE PRACTITIONER TO A PHARMACY, EXCEPT
FOR PRESCRIPTIONS: A. ISSUED BY VETERINARIANS; B. ISSUED OR DISPENSED IN
CIRCUMSTANCES WHERE ELECTRONIC PRESCRIBING IS NOT AVAILABLE DUE TO
TEMPORARY TECHNOLOGICAL OR ELECTRICAL FAILURE, AS SET FORTH IN REGU-
LATION; C. ISSUED BY PRACTITIONERS WHO HAVE RECEIVED A WAIVER OR A
RENEWAL THEREOF FOR A SPECIFIED PERIOD DETERMINED BY THE COMMISSIONER,
NOT TO EXCEED ONE YEAR, FROM THE REQUIREMENT TO USE ELECTRONIC PRESCRIB-
ING, PURSUANT TO A PROCESS ESTABLISHED IN REGULATION BY THE COMMISSIONER
DUE TO ECONOMIC HARDSHIP, TECHNOLOGICAL LIMITATIONS THAT ARE NOT REASON-
ABLY WITHIN THE CONTROL OF THE PRACTITIONER, OR OTHER EXCEPTIONAL
CIRCUMSTANCE DEMONSTRATED BY THE PRACTITIONER; D. ISSUED BY A PRACTI-
TIONER UNDER CIRCUMSTANCES WHERE, NOTWITHSTANDING THE PRACTITIONER'S
PRESENT ABILITY TO MAKE AN ELECTRONIC PRESCRIPTION AS REQUIRED BY THIS
SUBDIVISION, SUCH PRACTITIONER REASONABLY DETERMINES THAT IT WOULD BE
IMPRACTICAL FOR THE PATIENT TO OBTAIN SUBSTANCES PRESCRIBED BY ELECTRON-
IC PRESCRIPTION IN A TIMELY MANNER, AND SUCH DELAY WOULD ADVERSELY
IMPACT THE PATIENT'S MEDICAL CONDITION, PROVIDED THAT IF SUCH
PRESCRIPTION IS FOR A CONTROLLED SUBSTANCE, THE QUANTITY THAT DOES NOT
EXCEED A FIVE-DAY SUPPLY IF THE CONTROLLED SUBSTANCE WAS USED IN ACCORD-
ANCE WITH THE DIRECTIONS FOR USE; OR E. ISSUED BY A PRACTITIONER TO BE
DISPENSED BY A PHARMACY LOCATED OUTSIDE THE STATE, AS SET FORTH IN REGU-
LATION.
10-A. A PHARMACY THAT RECEIVES AN ELECTRONIC PRESCRIPTION FROM THE
PERSON ISSUING THE PRESCRIPTION MAY, IF THE PRESCRIPTION HAS NOT BEEN
DISPENSED AND AT THE REQUEST OF THE PATIENT OR A PERSON AUTHORIZED TO
MAKE THE REQUEST ON BEHALF OF THE PATIENT, IMMEDIATELY TRANSFER OR
FORWARD SUCH PRESCRIPTION TO AN ALTERNATIVE PHARMACY DESIGNATED BY THE
REQUESTING PARTY.
11. IN THE CASE OF A PRESCRIPTION ISSUED BY A PRACTITIONER UNDER PARA-
GRAPH B OF SUBDIVISION TEN OF THIS SECTION, THE PRACTITIONER SHALL BE
REQUIRED TO INDICATE IN THE PATIENT'S HEALTH RECORD THAT THE
PRESCRIPTION WAS ISSUED OTHER THAN ELECTRONICALLY DUE TO TEMPORARY TECH-
NOLOGICAL OR ELECTRICAL FAILURE.
12. IN THE CASE OF A PRESCRIPTION ISSUED BY A PRACTITIONER UNDER PARA-
GRAPH D OR E OF SUBDIVISION TEN OF THIS SECTION, THE PRACTITIONER SHALL,
UPON ISSUING SUCH PRESCRIPTION, INDICATE IN THE PATIENT'S HEALTH RECORD
EITHER THAT THE PRESCRIPTION WAS ISSUED OTHER THAN ELECTRONICALLY
BECAUSE IT: A. WAS IMPRACTICAL TO ISSUE AN ELECTRONIC PRESCRIPTION IN A
TIMELY MANNER AND SUCH DELAY WOULD HAVE ADVERSELY IMPACTED THE PATIENT'S
S. 4007--A 346 A. 3007--A
MEDICAL CONDITION, OR B. WAS TO BE DISPENSED BY A PHARMACY LOCATED
OUTSIDE THE STATE.
13. THE WAIVER PROCESS ESTABLISHED IN REGULATION PURSUANT TO PARAGRAPH
C OF SUBDIVISION TEN OF THIS SECTION SHALL PROVIDE THAT A PRACTITIONER
PRESCRIBING UNDER A WAIVER MUST NOTIFY THE DEPARTMENT IN WRITING PROMPT-
LY UPON GAINING THE CAPABILITY TO USE ELECTRONIC PRESCRIBING, AND THAT A
WAIVER SHALL TERMINATE WITHIN A SPECIFIED PERIOD OF TIME AFTER THE PRAC-
TITIONER GAINS SUCH CAPABILITY.
14. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, NO
OUTSOURCING FACILITY MAY DISTRIBUTE OR DISPENSE ANY DRUG TO ANY PERSON
PURSUANT TO A PRESCRIPTION UNLESS IT IS ALSO REGISTERED AS A PHARMACY IN
THIS STATE AND MEETS ALL OTHER APPLICABLE REQUIREMENTS OF FEDERAL AND
STATE LAW.
15. NOTWITHSTANDING ANY OTHER PROVISIONS OF THIS SECTION OR ANY OTHER
LAW TO THE CONTRARY, A PRACTITIONER SHALL NOT BE REQUIRED TO ISSUE
PRESCRIPTIONS ELECTRONICALLY IF HE OR SHE CERTIFIES TO THE DEPARTMENT,
IN A MANNER SPECIFIED BY THE DEPARTMENT, THAT HE OR SHE WILL NOT ISSUE
MORE THAN TWENTY-FIVE PRESCRIPTIONS DURING A TWELVE-MONTH PERIOD.
PRESCRIPTIONS IN BOTH ORAL AND WRITTEN FORM FOR BOTH CONTROLLED
SUBSTANCES AND NON-CONTROLLED SUBSTANCES SHALL BE INCLUDED IN DETERMIN-
ING WHETHER THE PRACTITIONER WILL REACH THE LIMIT OF TWENTY-FIVE
PRESCRIPTIONS.
A. A CERTIFICATION SHALL BE SUBMITTED IN ADVANCE OF THE TWELVE-MONTH
CERTIFICATION PERIOD, EXCEPT THAT A TWELVE-MONTH CERTIFICATION SUBMITTED
ON OR BEFORE JULY FIRST, TWO THOUSAND SIXTEEN, MAY BEGIN MARCH TWENTY-
SEVENTH, TWO THOUSAND SIXTEEN.
B. A PRACTITIONER WHO HAS MADE A CERTIFICATION UNDER THIS SUBDIVISION
MAY SUBMIT AN ADDITIONAL CERTIFICATION ON OR BEFORE THE EXPIRATION OF
THE CURRENT TWELVE-MONTH CERTIFICATION PERIOD, FOR A MAXIMUM OF THREE
TWELVE-MONTH CERTIFICATIONS.
C. A PRACTITIONER MAY MAKE A CERTIFICATION UNDER THIS SUBDIVISION
REGARDLESS OF WHETHER HE OR SHE HAS PREVIOUSLY RECEIVED A WAIVER UNDER
PARAGRAPH C OF SUBDIVISION TEN OF THIS SECTION.
§ 6811. MISDEMEANORS. IT SHALL BE A CLASS A MISDEMEANOR FOR:
1. ANY PERSON KNOWINGLY OR INTENTIONALLY TO PREVENT OR REFUSE TO
PERMIT ANY BOARD MEMBER OR DEPARTMENT REPRESENTATIVE TO ENTER A PHARMACY
OR ANY OTHER ESTABLISHMENT FOR THE PURPOSE OF LAWFUL INSPECTION;
2. ANY PERSON WHOSE LICENSE HAS BEEN REVOKED TO REFUSE TO DELIVER THE
LICENSE;
3. ANY PHARMACIST TO DISPLAY HIS OR HER LICENSE OR PERMIT IT TO BE
DISPLAYED IN A PHARMACY OF WHICH HE OR SHE IS NOT THE OWNER OR IN WHICH
HE OR SHE IS NOT EMPLOYED, OR ANY OWNER TO FAIL TO DISPLAY IN HIS OR HER
PHARMACY THE LICENSE OF THE PHARMACIST EMPLOYED IN SUCH PHARMACY;
4. ANY HOLDER OF A LICENSE TO FAIL TO DISPLAY THE LICENSE;
5. ANY OWNER OF A PHARMACY TO DISPLAY OR PERMIT TO BE DISPLAYED IN HIS
OR HER PHARMACY THE LICENSE OF ANY PHARMACIST NOT EMPLOYED IN SUCH PHAR-
MACY;
6. ANY PERSON TO CARRY ON, CONDUCT OR TRANSACT BUSINESS UNDER A NAME
WHICH CONTAINS AS A PART THEREOF THE WORDS "DRUGS", "MEDICINES", "DRUG
STORE", "APOTHECARY", OR "PHARMACY", OR SIMILAR TERMS OR COMBINATION OF
TERMS, OR IN ANY MANNER BY ADVERTISEMENT, CIRCULAR, POSTER, SIGN OR
OTHERWISE DESCRIBE OR REFER TO THE PLACE OF BUSINESS CONDUCTED BY SUCH
PERSON, OR DESCRIBE THE TYPE OF SERVICE OR CLASS OF PRODUCTS SOLD BY
SUCH PERSON, BY THE TERMS "DRUGS", "MEDICINE", "DRUG STORE", "APOTHE-
CARY", OR "PHARMACY", UNLESS THE PLACE OF BUSINESS SO CONDUCTED IS A
PHARMACY LICENSED BY THE DEPARTMENT;
S. 4007--A 347 A. 3007--A
7. ANY PERSON TO ENTER INTO AN AGREEMENT WITH A PHYSICIAN, DENTIST,
PODIATRIST OR VETERINARIAN FOR THE COMPOUNDING OR DISPENSING OF SECRET
FORMULA (CODED) PRESCRIPTIONS;
8. ANY PERSON TO MANUFACTURE, SELL, DELIVER FOR SALE, HOLD FOR SALE OR
OFFER FOR SALE OF ANY DRUG, DEVICE OR COSMETIC THAT IS ADULTERATED OR
MISBRANDED;
9. ANY PERSON TO ADULTERATE OR MISBRAND ANY DRUG, DEVICE OR COSMETIC;
10. ANY PERSON TO RECEIVE IN COMMERCE ANY DRUG, DEVICE OR COSMETIC
THAT IS ADULTERATED OR MISBRANDED, AND TO DELIVER OR PROFFER DELIVERY
THEREOF FOR PAY OR OTHERWISE;
11. ANY PERSON TO SELL, DELIVER FOR SALE, HOLD FOR SALE, OR OFFER FOR
SALE ANY DRUG, DEVICE OR COSMETIC IN VIOLATION OF THIS TITLE;
12. ANY PERSON TO DISSEMINATE ANY FALSE ADVERTISEMENT;
13. ANY PERSON TO REFUSE TO PERMIT ENTRY OR INSPECTION AS AUTHORIZED
BY THIS TITLE;
14. ANY PERSON TO FORGE, COUNTERFEIT, SIMULATE, OR FALSELY REPRESENT,
OR WITHOUT PROPER AUTHORITY USING ANY MARK, STAMP, TAG, LABEL OR OTHER
IDENTIFICATION DEVICE AUTHORIZED OR REQUIRED BY RULES AND REGULATIONS
PROMULGATED UNDER THE PROVISIONS OF THIS TITLE;
15. ANY PERSON TO USE FOR HIS OR HER OWN ADVANTAGE, OR REVEAL, OTHER
THAN TO THE COMMISSIONER OR HIS OR HER DULY AUTHORIZED REPRESENTATIVE,
OR TO THE COURTS WHEN RELEVANT IN ANY JUDICIAL PROCEEDINGS UNDER THIS
TITLE, ANY INFORMATION ACQUIRED UNDER AUTHORITY OF THIS TITLE OR
CONCERNING ANY METHOD OR PROCESS, WHICH IS A TRADE SECRET;
16. ANY PERSON TO ALTER, MUTILATE, DESTROY, OBLITERATE OR REMOVE THE
WHOLE OR ANY PART OF THE LABELING OF, OR THE DOING OF ANY OTHER ACT WITH
RESPECT TO A DRUG, DEVICE, OR COSMETIC, IF SUCH ACT IS DONE WHILE SUCH
ARTICLE IS HELD FOR SALE AND RESULTS IN SUCH ARTICLE BEING MISBRANDED;
17. ANY PERSON TO VIOLATE ANY OF THE PROVISIONS OF SECTION SIXTY-EIGHT
HUNDRED TEN OF THIS TITLE;
18. ANY PERSON TO VIOLATE ANY OF THE PROVISIONS OF SECTION SIXTY-EIGHT
HUNDRED SIXTEEN OF THIS TITLE;
19. ANY PERSON, TO SELL AT RETAIL OR GIVE AWAY IN TABLET FORM BICHLO-
RIDE OF MERCURY, MERCURIC CHLORIDE OR CORROSIVE SUBLIMATE, UNLESS SUCH
BICHLORIDE OF MERCURY, MERCURIC CHLORIDE OR CORROSIVE SUBLIMATE, WHEN SO
SOLD, OR GIVEN AWAY, SHALL CONFORM TO THE PROVISIONS OF NATIONAL FORMU-
LARY XII. NOTHING CONTAINED IN THIS PARAGRAPH SHALL BE CONSTRUED TO
PROHIBIT THE SALE AND DISPENSING OF BICHLORIDE OF MERCURY IN ANY FORM,
SHAPE, OR COLOR, WHEN COMBINED OR COMPOUNDED WITH ONE OR MORE OTHER
DRUGS OR EXCIPIENTS, FOR THE PURPOSES OF INTERNAL MEDICATION ONLY, OR
WHEN SOLD IN BULK IN POWDER FORM, OR TO ANY PREPARATION CONTAINING ONE-
TENTH OF A GRAIN OR LESS OF BICHLORIDE OF MERCURY;
20. ANY PHARMACY TO FAIL TO PROPERLY POST THE LIST REQUIRED BY SECTION
SIXTY-EIGHT HUNDRED TWENTY-SIX OF THIS TITLE;
21. ANY PHARMACY TO CHANGE ITS CURRENT SELLING PRICE WITHOUT CHANGING
THE LISTED PRICE AS PROVIDED BY SECTION SIXTY-EIGHT HUNDRED TWENTY-SIX
OF THIS TITLE;
22. ANY PERSON TO REFUSE TO PERMIT ACCESS TO OR COPYING OF ANY RECORD
AS REQUIRED BY THIS TITLE;
23. ANY MANUFACTURER TO SELL OR OFFER FOR SALE ANY DRUG NOT MANUFAC-
TURED, PREPARED OR COMPOUNDED UNDER THE PERSONAL SUPERVISION OF A CHEM-
IST OR LICENSED PHARMACIST OR NOT LABELED WITH THE FULL NAME OF THE
MANUFACTURER OR SELLER; OR
24. ANY OUTSOURCING FACILITY TO SELL OR OFFER TO SELL ANY DRUG THAT IS
NOT BOTH COMPOUNDED UNDER THE PERSONAL SUPERVISION OF A LICENSED PHARMA-
CIST AND LABELED WITH THE FULL NAME OF THE OUTSOURCING FACILITY.
S. 4007--A 348 A. 3007--A
§ 6812. SPECIAL PROVISIONS. 1. WHERE ANY PHARMACY, MANUFACTURER,
WHOLESALER OR OUTSOURCING FACILITY REGISTERED BY THE DEPARTMENT IS
DAMAGED BY FIRE THE BOARD SHALL BE NOTIFIED WITHIN A PERIOD OF FORTY-
EIGHT HOURS, AND THE BOARD SHALL HAVE POWER TO IMPOUND ALL DRUGS FOR
ANALYSIS AND CONDEMNATION, IF FOUND UNFIT FOR USE. WHERE A PHARMACY IS
DISCONTINUED, THE OWNER OF ITS PRESCRIPTION RECORDS SHALL NOTIFY THE
DEPARTMENT AS TO THE DISPOSITION OF SAID PRESCRIPTION RECORDS, AND IN NO
CASE SHALL RECORDS BE SOLD OR GIVEN AWAY TO A PERSON WHO DOES NOT
CURRENTLY POSSESS A REGISTRATION TO OPERATE A PHARMACY.
2. NOTHING IN THIS TITLE SHALL BE CONSTRUED AS REQUIRING THE PROSE-
CUTION OR THE INSTITUTION OF INJUNCTION PROCEEDINGS FOR MINOR VIOLATIONS
OF THIS TITLE WHENEVER THE PUBLIC INTEREST WILL BE ADEQUATELY SERVED BY
A SUITABLE WRITTEN NOTICE OF WARNING.
3. THE EXECUTIVE SECRETARY OF THE STATE BOARD OF PHARMACY IS AUTHOR-
IZED TO CONDUCT EXAMINATIONS AND INVESTIGATIONS FOR THE PURPOSES OF THIS
TITLE THROUGH OFFICERS AND EMPLOYEES OF THE UNITED STATES, OR THROUGH
ANY HEALTH, FOOD, OR DRUG OFFICER OR EMPLOYEE OF ANY CITY, COUNTY OR
OTHER POLITICAL SUBDIVISION OF THIS STATE.
§ 6813. SEIZURE. 1. ANY DRUG, DEVICE OR COSMETIC THAT IS ADULTERATED,
MISBRANDED OR MAY NOT BE SOLD UNDER THE PROVISIONS OF THIS CHAPTER, MAY
BE SEIZED ON PETITION OR COMPLAINT OF THE BOARD AND CONDEMNED IN THE
SUPREME COURT OF ANY COUNTY IN WHICH IT IS FOUND. SEIZURE SHALL BE MADE:
A. BY PROCESS PURSUANT TO THE PETITION OR COMPLAINT, OR
B. IF THE SECRETARY OR OTHER OFFICER DESIGNATED BY HIM OR HER HAS
PROBABLE CAUSE TO BELIEVE THAT THE ARTICLE:
(I) IS ADULTERATED; OR
(II) IS SO MISBRANDED AS TO BE DANGEROUS TO HEALTH. THE ARTICLE SHALL
BE SEIZED BY ORDER OF SUCH OFFICER. THE ORDER SHALL DESCRIBE THE ARTICLE
TO BE SEIZED, THE PLACE WHERE THE ARTICLE IS LOCATED, AND THE OFFICER OR
EMPLOYEE MAKING THE SEIZURE. THE OFFICER, IN LIEU OF TAKING ACTUAL
POSSESSION, MAY AFFIX A TAG OR OTHER APPROPRIATE MARKING TO THE ARTICLE
GIVING NOTICE THAT THE ARTICLE HAS BEEN QUARANTINED AND WARNING ALL
PERSONS NOT TO REMOVE OR DISPOSE OF IT BY SALE OR OTHERWISE UNTIL
PERMISSION FOR REMOVAL OR DISPOSAL IS GIVEN BY THE OFFICER OR THE COURT.
IN CASE OF SEIZURES OR QUARANTINE, PURSUANT TO SUCH ORDER, THE JURISDIC-
TION OF SUCH COURT SHALL ATTACH UPON SUCH SEIZURE OR QUARANTINE, AND A
PETITION OR COMPLAINT FOR CONDEMNATION SHALL BE FILED PROMPTLY.
2. THE PROCEDURE FOR CASES UNDER THIS SECTION SHALL CONFORM AS MUCH AS
POSSIBLE TO THE PROCEDURE FOR ATTACHMENT. ANY ISSUE OF FACT JOINED IN
ANY CASE UNDER THIS SECTION SHALL BE TRIED BY JURY ON THE DEMAND OF
EITHER PARTY. THE COURT AT ANY TIME AFTER SEIZURE AND UP TO THE TIME OF
TRIAL SHALL ALLOW BY ORDER ANY PARTY OR HIS OR HER AGENT OR ATTORNEY TO
OBTAIN A REPRESENTATIVE SAMPLE OF THE CONDEMNED MATERIAL, A TRUE COPY OF
THE ANALYSIS ON WHICH THE PROCEEDING WAS BASED, AND THE IDENTIFYING
MARKS OR NUMBERS, IF ANY, ON THE PACKAGES FROM WHICH THE SAMPLES
ANALYZED WERE OBTAINED.
3. ANY DRUG, DEVICE OR COSMETIC CONDEMNED UNDER THIS SECTION SHALL BE
DISPOSED OF BY DESTRUCTION OR SALE AS THE COURT MAY DIRECT AFTER THE
DECREE IN ACCORDANCE WITH THE PROVISIONS OF THIS SECTION. THE PROCEEDS
OF THE SALE, IF ANY, SHALL BE PAID INTO THE STATE TREASURY AFTER
DEDUCTION FOR LEGAL COSTS AND CHARGES. HOWEVER, THE DRUG, DEVICE OR
COSMETIC SHALL NOT BE SOLD CONTRARY TO THE PROVISIONS OF THIS TITLE.
AFTER ENTRY OF THE DECREE, IF THE OWNER OF THE CONDEMNED ARTICLES PAYS
THE COSTS OF THE PROCEEDING AND POSTS A SUFFICIENT BOND AS SECURITY THAT
THE ARTICLES WILL NOT BE DISPOSED OF CONTRARY TO THE PROVISIONS OF THIS
TITLE, THE COURT MAY BY ORDER DIRECT THAT THE SEIZED ARTICLES BE DELIV-
S. 4007--A 349 A. 3007--A
ERED TO THE OWNER TO BE DESTROYED OR BROUGHT INTO CONFORMANCE WITH THIS
TITLE UNDER SUPERVISION OF THE SECRETARY. THE EXPENSES OF THE SUPER-
VISION SHALL BE BORNE BY THE PERSON OBTAINING THE RELEASE UNDER BOND.
ANY DRUG CONDEMNED BY REASON OF ITS BEING A NEW DRUG WHICH MAY NOT BE
SOLD UNDER THIS TITLE SHALL BE DISPOSED OF BY DESTRUCTION.
4. WHEN THE DECREE OF CONDEMNATION IS ENTERED, COURT COSTS AND FEES,
STORAGE AND OTHER EXPENSE SHALL BE AWARDED AGAINST THE PERSON, IF ANY,
INTERVENING AS CLAIMANT OF THE CONDEMNED ARTICLES.
5. IN ANY PROCEEDING AGAINST THE BOARD, OR THE SECRETARY, OR AN AGENT
OF EITHER, BECAUSE OF SEIZURE, OR QUARANTINE, UNDER THIS SECTION, THE
BOARD, OR THE SECRETARY, OR SUCH AGENT SHALL NOT BE LIABLE IF THE COURT
FINDS THAT THERE WAS PROBABLE CAUSE FOR THE ACTS DONE BY THEM.
§ 6814. RECORDS OF SHIPMENT. FOR THE PURPOSE OF ENFORCING PROVISIONS
OF THIS TITLE, CARRIERS ENGAGED IN COMMERCE, AND PERSONS RECEIVING
DRUGS, DEVICES OR COSMETICS IN COMMERCE OR HOLDING SUCH ARTICLES SO
RECEIVED, SHALL, UPON THE REQUEST OF AN OFFICER DULY ASSIGNED BY THE
SECRETARY, PERMIT SUCH OFFICER, AT REASONABLE TIMES, TO HAVE ACCESS TO
AND TO COPY ALL RECORDS SHOWING THE MOVEMENT IN COMMERCE OF ANY DRUG,
DEVICE OR COSMETIC, OR THE HOLDING THEREOF DURING OR AFTER SUCH MOVE-
MENT, AND THE QUANTITY, SHIPPER, AND CONSIGNEE THEREOF; AND IT SHALL BE
UNLAWFUL FOR ANY SUCH CARRIER OR PERSON TO FAIL TO PERMIT SUCH ACCESS TO
AND COPYING OF ANY SUCH RECORD SO REQUESTED WHEN SUCH REQUEST IS ACCOM-
PANIED BY A STATEMENT IN WRITING SPECIFYING THE NATURE OR KIND OF DRUG,
DEVICE OR COSMETIC TO WHICH SUCH REQUEST RELATES; PROVIDED, THAT
EVIDENCE OBTAINED UNDER THIS SECTION SHALL NOT BE USED IN A CRIMINAL
PROSECUTION OF THE PERSON FROM WHOM OBTAINED; PROVIDED FURTHER, THAT
CARRIERS SHALL NOT BE SUBJECT TO THE OTHER PROVISIONS OF THIS TITLE BY
REASON OF THEIR RECEIPT, CARRIAGE, HOLDING OR DELIVERY OF DRUGS, DEVICES
OR COSMETICS IN THE USUAL COURSE OF BUSINESS AS CARRIERS.
§ 6815. ADULTERATING, MISBRANDING AND SUBSTITUTING. 1. ADULTERED
DRUGS. A DRUG OR DEVICE SHALL BE DEEMED TO BE ADULTERATED:
A. (I) IF IT CONSISTS IN WHOLE OR IN PART OF ANY FILTHY, PUTRID, OR
DECOMPOSED SUBSTANCE; OR (II) IF IT HAS BEEN PREPARED, PACKED, OR HELD
UNDER INSANITARY CONDITIONS WHEREBY IT MAY HAVE BEEN CONTAMINATED WITH
FILTH, OR WHEREBY IT MAY HAVE BEEN RENDERED INJURIOUS TO HEALTH; OR
(III) IF IT IS A DRUG AND ITS CONTAINER IS COMPOSED, IN WHOLE OR IN
PART, OF ANY POISONOUS OR DELETERIOUS SUBSTANCE WHICH MAY RENDER THE
CONTENTS INJURIOUS TO HEALTH; OR (IV) IF IT IS A DRUG AND IT BEARS OR
CONTAINS, FOR PURPOSES OF COLORING ONLY, A COAL-TAR COLOR OTHER THAN ONE
FROM A BATCH THAT HAS BEEN CERTIFIED IN ACCORDANCE WITH REGULATIONS
PROVIDED IN THIS TITLE.
B. IF IT PURPORTS TO BE, OR IS REPRESENTED AS, A DRUG THE NAME OF
WHICH IS RECOGNIZED IN AN OFFICIAL COMPENDIUM, AND ITS STRENGTH DIFFERS
FROM, OR ITS QUALITY OR PURITY FALLS BELOW, THE STANDARD SET FORTH IN
SUCH COMPENDIUM. SUCH DETERMINATION AS TO STRENGTH, QUALITY OR PURITY
SHALL BE MADE IN ACCORDANCE WITH THE TESTS OR METHODS OF ASSAY SET FORTH
IN SUCH COMPENDIUM, OR, IN THE ABSENCE OR INADEQUACY OF SUCH TESTS OR
METHODS OF ASSAY, THEN IN ACCORDANCE WITH TESTS OR METHODS OF ASSAY
PRESCRIBED BY REGULATIONS OF THE BOARD OF PHARMACY AS PROMULGATED UNDER
THIS TITLE. DEVIATIONS FROM THE OFFICIAL ASSAYS MAY BE MADE IN THE QUAN-
TITIES OF SAMPLES AND REAGENTS EMPLOYED, PROVIDED THEY ARE IN PROPORTION
TO THE QUANTITIES STATED IN THE OFFICIAL COMPENDIUM. NO DRUG DEFINED IN
AN OFFICIAL COMPENDIUM SHALL BE DEEMED TO BE ADULTERATED UNDER THIS
PARAGRAPH BECAUSE (I) IT EXCEEDS THE STANDARD OF STRENGTH THEREFOR SET
FORTH IN SUCH COMPENDIUM, IF SUCH DIFFERENCE IS PLAINLY STATED ON ITS
LABEL; OR (II) IT FALLS BELOW THE STANDARD OF STRENGTH, QUALITY, OR
S. 4007--A 350 A. 3007--A
PURITY THEREFOR SET FORTH IN SUCH COMPENDIUM IF SUCH DIFFERENCE IS
PLAINLY STATED ON ITS LABEL, EXCEPT THAT THIS SUBPARAGRAPH SHALL APPLY
ONLY TO SUCH DRUGS, OR CLASSES OF DRUGS, AS ARE SPECIFIED IN REGULATIONS
WHICH THE BOARD SHALL PROMULGATE WHEN, AS APPLIED TO ANY DRUG, OR CLASS
OF DRUGS, THE PROHIBITION OF SUCH DIFFERENCE IS NOT NECESSARY FOR THE
PROTECTION OF THE PUBLIC HEALTH. WHENEVER A DRUG IS RECOGNIZED IN BOTH
THE UNITED STATES PHARMACOPOEIA AND THE HOMEOPATHIC PHARMACOPOEIA OF THE
UNITED STATES, IT SHALL BE SUBJECT TO THE REQUIREMENTS OF THE UNITED
STATES PHARMACOPOEIA UNLESS IT IS LABELED AND OFFERED FOR SALE AS A
HOMEOPATHIC DRUG, IN WHICH CASE IT SHALL BE SUBJECT TO THE PROVISIONS OF
THE HOMEOPATHIC PHARMACOPOEIA OF THE UNITED STATES AND NOT TO THOSE OF
THE UNITED STATES PHARMACOPOEIA.
C. IF IT IS NOT SUBJECT TO THE PROVISIONS OF PARAGRAPH B OF THIS
SUBDIVISION AND ITS STRENGTH DIFFERS FROM, OR ITS PURITY OR QUALITY
FALLS BELOW, THAT WHICH IT PURPORTS OR IS REPRESENTED TO POSSESS.
D. IF IT IS A DRUG AND ANY SUBSTANCE HAS BEEN (I) MIXED OR PACKED
THEREWITH SO AS TO REDUCE ITS QUALITY OR STRENGTH OR (II) SUBSTITUTED
WHOLLY OR IN PART THEREFOR.
E. IF IT IS SOLD UNDER OR BY A NAME NOT RECOGNIZED IN OR ACCORDING TO
A FORMULA NOT GIVEN IN THE UNITED STATES PHARMACOPOEIA OR THE NATIONAL
FORMULARY BUT THAT IS FOUND IN SOME OTHER STANDARD WORK ON PHARMACOLOGY
RECOGNIZED BY THE BOARD, AND IT DIFFERS IN STRENGTH, QUALITY OR PURITY
FROM THE STRENGTH, QUALITY OR PURITY REQUIRED, OR THE FORMULA PRESCRIBED
IN, THE STANDARD WORK.
2. MISBRANDED AND SUBSTITUTED DRUGS AND DEVICES. A DRUG OR DEVICE
SHALL BE DEEMED TO BE MISBRANDED:
A. IF ITS LABELING IS FALSE OR MISLEADING IN ANY PARTICULAR.
B. IF IN PACKAGE FORM, UNLESS IT BEARS A LABEL CONTAINING: (I) THE
NAME AND PLACE OF BUSINESS OF THE MANUFACTURER, PACKER, OR DISTRIBUTOR,
AND (II) AN ACCURATE STATEMENT OF THE QUANTITY OF THE CONTENTS IN TERMS
OF WEIGHT, MEASURE, OR NUMERICAL COUNT; PROVIDED, THAT UNDER SUBPARA-
GRAPH (II) OF THIS PARAGRAPH THE BOARD MAY ESTABLISH REASONABLE VARI-
ATIONS AS TO QUANTITY AND EXEMPTIONS AS TO SMALL PACKAGES.
C. IF ANY WORD, STATEMENT, OR OTHER INFORMATION REQUIRED BY OR UNDER
AUTHORITY OF THIS TITLE TO APPEAR ON THE LABEL OR LABELING IS NOT PROMI-
NENTLY PLACED THEREON WITH SUCH CONSPICUOUSNESS, AS COMPARED WITH OTHER
WORDS, STATEMENTS, DESIGNS, OR DEVICES, IN THE LABELING, AND IN SUCH
TERMS AS TO RENDER IT LIKELY TO BE READ AND UNDERSTOOD BY THE ORDINARY
INDIVIDUAL UNDER CUSTOMARY CONDITIONS OF PURCHASE AND USE.
D. IF IT IS FOR USE BY MAN AND CONTAINS ANY QUANTITY OF THE NARCOTIC
OR HYPNOTIC SUBSTANCE ALPHA EUCAINE, BARBITURIC ACID, BETA EUCAINE,
BROMAL, CANNABIS, CARBROMAL, CHLORAL, COCA, COCAINE, CODEINE, HEROIN,
MARIHUANA, MORPHINE, OPIUM, PARALDEHYDE, PEYOTE, OR SULPHONMETHANE; OR
ANY CHEMICAL DERIVATIVE OF SUCH SUBSTANCE, WHICH DERIVATIVE HAS BEEN BY
THE SECRETARY, AFTER INVESTIGATION, FOUND TO BE, AND BY REGULATIONS
UNDER THIS TITLE, OR BY REGULATIONS PROMULGATED BY THE BOARD, DESIGNATED
AS, HABIT FORMING; UNLESS ITS LABEL BEARS THE NAME AND QUANTITY, OR
PROPORTION, OF SUCH SUBSTANCE OR DERIVATIVE AND IN JUXTAPOSITION THERE-
WITH THE STATEMENT "WARNING--MAY BE HABIT FORMING".
E. IF IT IS A DRUG AND IS NOT DESIGNATED SOLELY BY A NAME RECOGNIZED
IN AN OFFICIAL COMPENDIUM UNLESS ITS LABEL BEARS: (I) THE COMMON OR
USUAL NAME OF THE DRUG, IF SUCH THERE BE, AND (II) IN CASE IT IS FABRI-
CATED FROM TWO OR MORE INGREDIENTS, THE COMMON OR USUAL NAME OF EACH
ACTIVE INGREDIENT, INCLUDING THE KIND AND QUANTITY BY PERCENTAGE OR
AMOUNT OF ANY ALCOHOL, AND ALSO INCLUDING, WHETHER ACTIVE OR NOT, THE
NAME AND QUANTITY OR PROPORTION OF ANY BROMIDES, ETHER, CHLOROFORM,
S. 4007--A 351 A. 3007--A
ACETANILID, ACETPHENETIDIN, AMIDOPYRINE, ANTIPYRINE, ATROPINE, HYOSCINE,
HYOSCYAMINE, ARSENIC, DIGITALIS, DIGITALIS GLUCOSIDES, MERCURY, OUABAIN,
STROPHANTHIN, STRYCHNINE, THYROID, OR ANY DERIVATIVE OR PREPARATION OF
ANY SUCH SUBSTANCES, CONTAINED THEREIN; PROVIDED THAT, TO THE EXTENT
THAT COMPLIANCE WITH THE REQUIREMENTS OF SUBPARAGRAPH (II) OF THIS PARA-
GRAPH IS IMPRACTICABLE, EXEMPTIONS SHALL BE ESTABLISHED BY REGULATIONS
PROMULGATED BY THE BOARD.
F. UNLESS ITS LABELING BEARS: (I) ADEQUATE DIRECTIONS FOR USE, AND
(II) SUCH ADEQUATE WARNINGS AGAINST USE IN THOSE PATHOLOGICAL CONDI-
TIONS OR BY CHILDREN WHERE ITS USE MAY BE DANGEROUS TO HEALTH, OR
AGAINST UNSAFE DOSAGE OR METHODS OR DURATION OF ADMINISTRATION OR APPLI-
CATION, IN SUCH MANNER AND FORM, AS ARE NECESSARY FOR THE PROTECTION OF
USERS; PROVIDED, THAT, WHERE ANY REQUIREMENT OF SUBPARAGRAPH (I) OF THIS
PARAGRAPH, AS APPLIED TO ANY DRUG OR DEVICE, IS NOT NECESSARY FOR THE
PROTECTION OF THE PUBLIC HEALTH, THE BOARD SHALL PROMULGATE REGULATIONS
EXEMPTING SUCH DRUG OR DEVICE FROM SUCH REQUIREMENT.
G. IF IT PURPORTS TO BE A DRUG THE NAME OF WHICH IS RECOGNIZED IN AN
OFFICIAL COMPENDIUM, UNLESS IT IS PACKAGED AND LABELED AS PRESCRIBED
THEREIN; PROVIDED, THAT, THE METHOD OF PACKING MAY BE MODIFIED WITH THE
CONSENT OF THE SECRETARY IN ACCORDANCE WITH REGULATIONS PROMULGATED BY
THE BOARD. WHENEVER A DRUG IS RECOGNIZED IN BOTH THE UNITED STATES PHAR-
MACOPOEIA AND THE HOMEOPATHIC PHARMACOPOEIA OF THE UNITED STATES, IT
SHALL BE SUBJECT TO THE REQUIREMENTS OF THE UNITED STATES PHARMACOPOEIA
WITH RESPECT TO PACKAGING AND LABELING UNLESS IT IS LABELED AND OFFERED
FOR SALE AS A HOMEOPATHIC DRUG, IN WHICH CASE IT SHALL BE SUBJECT TO THE
PROVISIONS OF THE HOMEOPATHIC PHARMACOPOEIA OF THE UNITED STATES, AND
NOT TO THOSE OF THE UNITED STATES PHARMACOPOEIA.
H. (I) IF IT IS A DRUG AND ITS CONTAINER IS SO MADE, FORMED OR FILLED
AS TO BE MISLEADING; (II) IF IT IS AN IMITATION OF ANOTHER DRUG; (III)
IF IT IS OFFERED FOR SALE UNDER THE NAME OF ANOTHER DRUG; OR (IV) IF IT
BEARS A COPY, COUNTERFEIT, OR COLORABLE IMITATION OF THE TRADEMARK,
LABEL, CONTAINER OR IDENTIFYING NAME OR DESIGN OF ANOTHER DRUG.
I. IF IT IS DANGEROUS TO HEALTH WHEN USED IN THE DOSAGE, OR WITH THE
FREQUENCY OR DURATION PRESCRIBED, RECOMMENDED OR SUGGESTED IN THE LABEL-
ING THEREOF.
J. EXCEPT AS REQUIRED BY ARTICLE THIRTY-THREE OF THIS CHAPTER, THE
LABELING PROVISIONS OF THIS TITLE SHALL NOT APPLY TO THE COMPOUNDING AND
DISPENSING OF DRUGS ON THE WRITTEN PRESCRIPTION OF A PHYSICIAN, A
DENTIST, A PODIATRIST OR A VETERINARIAN, WHICH PRESCRIPTION WHEN FILLED
SHALL BE KEPT ON FILE FOR AT LEAST FIVE YEARS BY THE PHARMACIST OR DRUG-
GIST. SUCH DRUG SHALL BEAR A LABEL CONTAINING THE NAME AND PLACE OF
BUSINESS OF THE DISPENSER, THE SERIAL NUMBER AND DATE OF THE
PRESCRIPTION, DIRECTIONS FOR USE AS MAY BE STATED IN THE PRESCRIPTION,
NAME AND ADDRESS OF THE PATIENT AND THE NAME OF THE PHYSICIAN OR OTHER
PRACTITIONER AUTHORIZED BY LAW TO ISSUE THE PRESCRIPTION. IN ADDITION,
SUCH LABEL SHALL CONTAIN THE PROPRIETARY OR BRAND NAME OF THE DRUG AND,
IF APPLICABLE, THE STRENGTH OF THE CONTENTS, UNLESS THE PERSON ISSUING
THE PRESCRIPTION EXPLICITLY STATES ON THE PRESCRIPTION, IN HIS OR HER
OWN HANDWRITING, THAT THE NAME OF THE DRUG AND THE STRENGTH THEREOF
SHOULD NOT APPEAR ON THE LABEL.
§ 6816. OMITTING TO LABEL DRUGS, OR LABELING THEM WRONGLY. 1. A. ANY
PERSON, WHO, IN PUTTING UP ANY DRUG, MEDICINE, OR FOOD OR PREPARATION
USED IN MEDICAL PRACTICE, OR MAKING UP ANY PRESCRIPTION, OR FILLING ANY
ORDER FOR DRUGS, MEDICINES, FOOD OR PREPARATION PUTS ANY UNTRUE LABEL,
STAMP OR OTHER DESIGNATION OF CONTENTS UPON ANY BOX, BOTTLE OR OTHER
PACKAGE CONTAINING A DRUG, MEDICINE, FOOD OR PREPARATION USED IN MEDICAL
S. 4007--A 352 A. 3007--A
PRACTICE, OR SUBSTITUTES OR DISPENSES A DIFFERENT ARTICLE FOR OR IN LIEU
OF ANY ARTICLE PRESCRIBED, ORDERED, OR DEMANDED, EXCEPT WHERE REQUIRED
PURSUANT TO SECTION SIXTY-EIGHT HUNDRED SIXTEEN-A OF THIS TITLE, OR PUTS
UP A GREATER OR LESSER QUANTITY OF ANY INGREDIENT SPECIFIED IN ANY SUCH
PRESCRIPTION, ORDER OR DEMAND THAN THAT PRESCRIBED, ORDERED OR DEMANDED,
EXCEPT WHERE REQUIRED PURSUANT TO PARAGRAPH (G) OF SUBDIVISION TWO OF
SECTION THREE HUNDRED SIXTY-FIVE-A OF THE SOCIAL SERVICES LAW, OR OTHER-
WISE DEVIATES FROM THE TERMS OF THE PRESCRIPTION, ORDER OR DEMAND BY
SUBSTITUTING ONE DRUG FOR ANOTHER, EXCEPT WHERE REQUIRED PURSUANT TO
SECTION SIXTY-EIGHT HUNDRED SIXTEEN-A OF THIS TITLE, IS GUILTY OF A
MISDEMEANOR; PROVIDED, HOWEVER, THAT EXCEPT IN THE CASE OF PHYSICIANS'
PRESCRIPTIONS, NOTHING HEREIN CONTAINED SHALL BE DEEMED OR CONSTRUED TO
PREVENT OR IMPAIR OR IN ANY MANNER AFFECT THE RIGHT OF AN APOTHECARY,
DRUGGIST, PHARMACIST OR OTHER PERSON TO RECOMMEND THE PURCHASE OF AN
ARTICLE OTHER THAN THAT ORDERED, REQUIRED OR DEMANDED, BUT OF A SIMILAR
NATURE, OR TO SELL SUCH OTHER ARTICLE IN PLACE OR IN LIEU OF AN ARTICLE
ORDERED, REQUIRED OR DEMANDED, WITH THE KNOWLEDGE AND CONSENT OF THE
PURCHASER. UPON A SECOND CONVICTION FOR A VIOLATION OF THIS SECTION THE
OFFENDER MUST BE SENTENCED TO THE PAYMENT OF A FINE NOT TO EXCEED ONE
THOUSAND DOLLARS AND MAY BE SENTENCED TO IMPRISONMENT FOR A TERM NOT TO
EXCEED ONE YEAR. THE THIRD CONVICTION OF A VIOLATION OF ANY OF THE
PROVISIONS OF THIS SECTION, IN ADDITION TO RENDERING THE OFFENDER LIABLE
TO THE PENALTY PRESCRIBED BY LAW FOR A SECOND CONVICTION, SHALL FORFEIT
ANY RIGHT WHICH HE OR SHE MAY POSSESS UNDER THE LAW OF THIS STATE AT THE
TIME OF SUCH CONVICTION, TO ENGAGE AS PROPRIETOR, AGENT, EMPLOYEE OR
OTHERWISE, IN THE BUSINESS OF AN APOTHECARY, PHARMACIST, OR DRUGGIST, OR
TO COMPOUND, PREPARE OR DISPENSE PRESCRIPTIONS OR ORDERS FOR DRUGS,
MEDICINES OR FOODS OR PREPARATIONS USED IN MEDICAL PRACTICE; AND THE
OFFENDER SHALL BE BY REASON OF SUCH CONVICTION DISQUALIFIED FROM ENGAG-
ING IN ANY SUCH BUSINESS AS PROPRIETOR, AGENT, EMPLOYEE OR OTHERWISE OR
COMPOUNDING, PREPARING OR DISPENSING MEDICAL PRESCRIPTIONS OR ORDERS FOR
DRUGS, MEDICINES, OR FOODS OR PREPARATIONS USED IN MEDICAL PRACTICE.
B. THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO THE PRACTICE OF A
PRACTITIONER WHO IS NOT THE PROPRIETOR OF A STORE FOR THE DISPENSING OR
RETAILING OF DRUGS, MEDICINES AND POISONS, OR WHO IS NOT IN THE EMPLOY
OF SUCH A PROPRIETOR, AND SHALL NOT PREVENT PRACTITIONERS FROM SUPPLYING
THEIR PATIENTS WITH SUCH ARTICLES AS THEY MAY DEEM PROPER, AND EXCEPT AS
TO THE LABELING OF POISONS SHALL NOT APPLY TO THE SALE OF MEDICINES OR
POISONS AT WHOLESALE WHEN NOT FOR THE USE OR CONSUMPTION BY THE PURCHAS-
ER; PROVIDED, HOWEVER, THAT THE SALE OF MEDICINES OR POISONS AT WHOLE-
SALE SHALL CONTINUE TO BE SUBJECT TO SUCH REGULATIONS AS FROM TIME TO
TIME MAY BE LAWFULLY MADE BY THE BOARD OF PHARMACY OR BY ANY COMPETENT
BOARD OF HEALTH.
C. THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO A LIMITED PHARMA-
CY WHICH PREPARES A FORMULARY CONTAINING THE BRAND NAMES AND THE GENERIC
NAMES OF DRUGS AND OF MANUFACTURERS WHICH IT STOCKS, PROVIDED THAT IT
FURNISHES A COPY OF SUCH FORMULARY TO EACH PHYSICIAN ON ITS STAFF AND
THE PHYSICIAN SIGNS A STATEMENT AUTHORIZING THE HOSPITAL TO SUPPLY THE
DRUG UNDER ANY GENERIC OR NON-PROPRIETARY NAME LISTED THEREIN AND IN
CONFORMITY WITH THE REGULATIONS OF THE COMMISSIONER.
2. FOR THE PURPOSES SET FORTH IN THIS SECTION, THE TERMS PRESCRIPTION,
ORDER OR DEMAND SHALL APPLY ONLY TO THOSE ITEMS SUBJECT TO PROVISIONS OF
SUBDIVISION ONE OF SECTION SIXTY-EIGHT HUNDRED TEN OF THIS TITLE. THE
WRITTEN ORDER OF A PHYSICIAN FOR ITEMS NOT SUBJECT TO PROVISIONS OF
SUBDIVISION ONE OF SECTION SIXTY-EIGHT HUNDRED TEN OF THIS TITLE SHALL
BE CONSTRUED TO BE A DIRECTION, A FISCAL ORDER OR A VOUCHER.
S. 4007--A 353 A. 3007--A
§ 6816-A. WHEN SUBSTITUTION IS REQUIRED. 1. A PHARMACIST SHALL SUBSTI-
TUTE A LESS EXPENSIVE DRUG PRODUCT CONTAINING THE SAME ACTIVE INGREDI-
ENTS, DOSAGE FORM AND STRENGTH AS THE DRUG PRODUCT PRESCRIBED, ORDERED
OR DEMANDED, PROVIDED THAT THE FOLLOWING CONDITIONS ARE MET:
A. THE PRESCRIPTION IS WRITTEN ON A FORM WHICH MEETS THE REQUIREMENTS
OF SUBDIVISION SIX OF SECTION SIXTY-EIGHT HUNDRED TEN OF THIS TITLE AND
THE PRESCRIBER DOES NOT PROHIBIT SUBSTITUTION, OR IN THE CASE OF ORAL
PRESCRIPTIONS, THE PRESCRIBER MUST EXPRESSLY STATE WHETHER SUBSTITUTION
IS TO BE PERMITTED OR PROHIBITED. ANY ORAL PRESCRIPTION THAT DOES NOT
INCLUDE SUCH AN EXPRESS STATEMENT SHALL NOT BE FILLED; AND
B. THE SUBSTITUTED DRUG PRODUCT IS CONTAINED IN THE LIST OF DRUG
PRODUCTS ESTABLISHED PURSUANT TO PARAGRAPH (O) OF SUBDIVISION ONE OF
SECTION TWO HUNDRED SIX OF THIS CHAPTER; AND
C. THE PHARMACIST SHALL INDICATE ON THE LABEL AFFIXED TO THE IMMEDIATE
CONTAINER IN WHICH THE DRUG IS SOLD OR DISPENSED THE NAME AND STRENGTH
OF THE DRUG PRODUCT AND ITS MANUFACTURER UNLESS THE PRESCRIBER SPECIF-
ICALLY STATES OTHERWISE. THE PHARMACIST SHALL RECORD ON THE PRESCRIPTION
FORM THE BRAND NAME OR THE NAME OF THE MANUFACTURER OF THE DRUG PRODUCT
DISPENSED.
2. IN THE EVENT A PATIENT CHOOSES TO HAVE A PRESCRIPTION FILLED BY AN
OUT OF STATE DISPENSER, THE LAWS OF THAT STATE SHALL PREVAIL.
3. A PHARMACIST SHALL SUBSTITUTE A LESS EXPENSIVE BIOLOGICAL PRODUCT
FOR A PRESCRIBED BIOLOGICAL PRODUCT PROVIDED THAT ALL OF THE FOLLOWING
CONDITIONS ARE MET:
A. THE SUBSTITUTED BIOLOGICAL PRODUCT IS EITHER AN INTERCHANGEABLE
BIOLOGICAL PRODUCT FOR THE PRESCRIBED PRODUCT OR THE SUBSTITUTED BIOLOG-
ICAL PRODUCT IS ONE FOR WHICH THE PRESCRIBED PRODUCT IS AN INTERCHANGEA-
BLE BIOLOGICAL PRODUCT;
B. THE PRESCRIBER DOES NOT DESIGNATE THAT A SUBSTITUTION IS PROHIBITED
AS DESCRIBED IN SUBDIVISION SIX OF SECTION SIXTY-EIGHT HUNDRED TEN OF
THIS TITLE; AND
C. THE PHARMACIST INDICATES ON THE LABEL AFFIXED TO THE IMMEDIATE
CONTAINER IN WHICH THE BIOLOGICAL PRODUCT IS SOLD OR DISTRIBUTED THE
NAME AND STRENGTH OF THE PRODUCT AND ITS MANUFACTURER UNLESS THE PRES-
CRIBER SPECIFICALLY STATES OTHERWISE.
4. A. WITHIN FIVE BUSINESS DAYS FOLLOWING THE DISPENSING OF A SUBSTI-
TUTED BIOLOGICAL PRODUCT, THE DISPENSING PHARMACIST OR THE PHARMACIST'S
DESIGNEE SHALL COMMUNICATE TO THE PRESCRIBER THE SPECIFIC PRODUCT
PROVIDED TO THE PATIENT, INCLUDING THE NAME OF THE PRODUCT AND THE
MANUFACTURER. THE COMMUNICATION SHALL BE CONVEYED TO THE PRESCRIBER (I)
BY MAKING AN ENTRY THAT IS ELECTRONICALLY ACCESSIBLE TO THE PRESCRIBER
THROUGH AN INTEROPERABLE ELECTRONIC MEDICAL RECORDS SYSTEM, AN ELECTRON-
IC PRESCRIBING TECHNOLOGY OR A PHARMACY RECORD; OR (II) BY USING FACSIM-
ILE, ELECTRONIC TRANSMISSION OR OTHER ELECTRONIC MEANS. IF AN ELECTRONIC
MEANS DESCRIBED IN THIS PARAGRAPH IS NOT AVAILABLE TO THE PHARMACIST AT
THE TIME OF COMMUNICATION, THE DISPENSING PHARMACIST OR THE PHARMACIST'S
DESIGNEE MAY COMMUNICATE THE INFORMATION BY TELEPHONE.
B. COMMUNICATION UNDER PARAGRAPH A OF THIS SUBDIVISION SHALL NOT BE
REQUIRED WHERE:
(I) THERE IS NO FDA-APPROVED INTERCHANGEABLE BIOLOGICAL PRODUCT FOR
THE PRODUCT PRESCRIBED; OR
(II) A REFILL PRESCRIPTION IS NOT CHANGED FROM THE PRODUCT DISPENSED
ON THE PRIOR FILLING OF THE PRESCRIPTION.
5. THE DEPARTMENT SHALL MAINTAIN A LINK ON ITS WEB SITE TO THE CURRENT
LIST OF ALL BIOLOGICAL PRODUCTS DETERMINED BY THE FEDERAL FOOD AND DRUG
S. 4007--A 354 A. 3007--A
ADMINISTRATION TO BE AN INTERCHANGEABLE BIOLOGICAL PRODUCT FOR A SPECIF-
IC BIOLOGICAL PRODUCT.
§ 6819. REGULATIONS MAKING EXCEPTIONS. THE BOARD SHALL PROMULGATE
REGULATIONS EXEMPTING FROM ANY LABELING REQUIREMENT OF THIS TITLE DRUGS,
DEVICES AND COSMETICS WHICH ARE, IN ACCORDANCE WITH THE PRACTICE OF THE
TRADE, TO BE PROCESSED, LABELED, OR REPACKED IN SUBSTANTIAL QUANTITIES
AT ESTABLISHMENTS OTHER THAN THOSE WHERE ORIGINALLY PROCESSED OR PACKED,
ON CONDITION THAT SUCH DRUGS, DEVICES AND COSMETICS ARE NOT ADULTERATED
OR MISBRANDED UNDER THE PROVISIONS OF THIS TITLE UPON REMOVAL FROM SUCH
PROCESSING, LABELING, OR REPACKING ESTABLISHMENT.
§ 6820. CERTIFICATION OF COAL-TAR COLORS FOR DRUGS AND COSMETICS. THE
BOARD SHALL PROMULGATE REGULATIONS PROVIDING FOR THE LISTING OF COAL-TAR
COLORS WHICH ARE HARMLESS AND SUITABLE FOR USE IN DRUGS FOR PURPOSES OF
COLORING ONLY AND FOR USE IN COSMETICS AND FOR THE CERTIFICATION OF
BATCHES OF SUCH COLORS, WITH OR WITHOUT HARMLESS DILUENTS.
§ 6821. POISON SCHEDULES; REGISTER. 1. THE FOLLOWING SCHEDULES SHALL
REMAIN IN FORCE UNTIL REVISED BY THE BOARD AND APPROVED BY THE DEPART-
MENT.
SCHEDULE A. ARSENIC, ATROPINE, CORROSIVE SUBLIMATE, POTASSIUM CYANIDE,
CHLORAL HYDRATE, HYDROCYANIC ACID, STRYCHNINE AND ALL OTHER POISONOUS
VEGETABLE ALKALOIDS AND THEIR SALTS AND OIL OF BITTER ALMOND CONTAINING
HYDROCYANIC ACID.
SCHEDULE B. ACONITE, BELLADONNA, CANTHARIDES, COLCHICUM, CONIUM COTTON
ROOT, DIGITALIS, ERGOT, HELLEBORE, HENBANE, PHYTOLACCA, STROPHANTHUS,
OIL OF SAVIN, OIL OF TANSY, VERATRUM VIRIDE AND THEIR PHARMACEUTICAL
PREPARATIONS, ARSENICAL SOLUTIONS, CARBOLIC ACID, CHLOROFORM, CREOSOTE,
CROTON OIL, WHITE PRECIPITATE, METHYL OR WOOD ALCOHOL, MINERAL ACIDS,
OXALIC ACID, PARIS GREEN, SALTS OF LEAD, SALTS OF ZINC, OR ANY DRUG,
CHEMICAL OR PREPARATION WHICH IS LIABLE TO BE DESTRUCTIVE TO ADULT HUMAN
LIFE IN QUANTITIES OF SIXTY GRAINS OR LESS.
2. IT SHALL BE UNLAWFUL FOR ANY PERSON TO SELL AT RETAIL OR TO FURNISH
ANY OF THE POISONS OF SCHEDULES A AND B WITHOUT AFFIXING OR CAUSING TO
BE AFFIXED TO THE BOTTLE, BOX, VESSEL OR PACKAGE, A LABEL WITH THE NAME
OF THE ARTICLE AND THE WORD "POISON" DISTINCTLY SHOWN AND WITH THE NAME
AND PLACE OF BUSINESS OF THE SELLER ALL PRINTED IN RED INK TOGETHER WITH
THE NAME OF SUCH POISONS PRINTED OR WRITTEN THEREUPON IN PLAIN, LEGIBLE
CHARACTERS.
3. MANUFACTURERS AND WHOLESALE DEALERS IN DRUGS, MEDICINES, PHARMACEU-
TICAL PREPARATIONS, CHEMICALS OR POISONS SHALL AFFIX OR CAUSE TO BE
AFFIXED TO EVERY BOTTLE, BOX, PARCEL OR OUTER ENCLOSURE OF ANY ORIGINAL
PACKAGE CONTAINING ANY OF THE ARTICLES OF SCHEDULE A, A SUITABLE LABEL
OR BRAND IN RED INK WITH THE WORD "POISON" UPON IT.
4. EVERY PERSON WHO DISPOSES OF OR SELLS AT RETAIL OR FURNISHES ANY
POISONS INCLUDED IN SCHEDULE A SHALL, BEFORE DELIVERING THE SAME, ENTER
IN A BOOK KEPT FOR THAT PURPOSE THE DATE OF SALE, THE NAME AND ADDRESS
OF THE PURCHASER, THE NAME AND THE QUANTITY OF THE POISON, THE PURPOSE
FOR WHICH IT IS PURCHASED AND THE NAME OF THE DISPENSER. THE POISON
REGISTER SHALL BE ALWAYS OPEN FOR INSPECTION BY THE PROPER AUTHORITIES
AND SHALL BE PRESERVED FOR AT LEAST FIVE YEARS AFTER THE LAST ENTRY.
SUCH PERSON SHALL NOT DELIVER ANY OF THE POISONS OF SCHEDULE A OR SCHED-
ULE B UNTIL HE OR SHE HAS SATISFIED HIMSELF OR HERSELF THAT THE PURCHAS-
ER IS AWARE OF ITS POISONOUS CHARACTER AND THAT THE POISON IS TO BE USED
FOR A LEGITIMATE PURPOSE. THE PROVISIONS OF THIS SUBDIVISION DO NOT
APPLY TO THE DISPENSING OF DRUGS OR POISONS ON A DOCTOR'S PRESCRIPTION.
S. 4007--A 355 A. 3007--A
5. THE BOARD MAY ADD TO OR MAY DELETE FROM ANY OF THE SCHEDULES FROM
TIME TO TIME AS SUCH ACTION BECOMES NECESSARY FOR THE PROTECTION OF THE
PUBLIC.
§ 6822. EXAMINATIONS AND INVESTIGATIONS. THE SECRETARY IS AUTHORIZED
TO CONDUCT EXAMINATIONS AND INVESTIGATIONS FOR THE PURPOSES OF THIS
TITLE THROUGH OFFICERS AND EMPLOYEES OF THE UNITED STATES, OR THROUGH
ANY HEALTH, FOOD, OR DRUG OFFICER OR EMPLOYEE OF ANY CITY, COUNTY OR
OTHER POLITICAL SUBDIVISION OF THIS STATE, DULY COMMISSIONED BY THE
SECRETARY AS AN OFFICER OF THE BOARD.
§ 6823. FACTORY INSPECTION. FOR PURPOSES OF ENFORCEMENT OF THIS TITLE,
OFFICERS DULY DESIGNATED BY THE SECRETARY ARE AUTHORIZED:
1. TO ENTER, AT REASONABLE TIMES, ANY FACTORY, WAREHOUSE OR ESTABLISH-
MENT IN WHICH DRUGS, DEVICES OR COSMETICS ARE MANUFACTURED, PROCESSED,
PACKED, OR HELD, FOR INTRODUCTION INTO COMMERCE OR ARE HELD AFTER SUCH
INTRODUCTION, OR TO ENTER ANY VEHICLE BEING USED TO TRANSPORT OR HOLD
SUCH DRUGS, DEVICES OR COSMETICS IN COMMERCE; AND
2. TO INSPECT, AT REASONABLE TIMES, SUCH FACTORY, WAREHOUSE, ESTAB-
LISHMENT OR VEHICLE AND ALL PERTINENT EQUIPMENT, FINISHED AND UNFINISHED
MATERIALS, CONTAINERS, AND LABELING THEREIN.
§ 6824. INJUNCTION PROCEEDINGS. IN ADDITION TO THE REMEDIES HEREINAFT-
ER PROVIDED, THE SECRETARY IS HEREBY AUTHORIZED TO APPLY TO THE COURT OF
THE PROPER VENUE FOR AN INJUNCTION TO RESTRAIN ANY PERSON FROM:
1. INTRODUCING OR CAUSING TO BE INTRODUCED INTO COMMERCE ANY ADULTER-
ATED OR MISBRANDED DRUG, DEVICE OR COSMETIC; OR
2. FROM INTRODUCING OR CAUSING TO BE INTRODUCED IN COMMERCE ANY NEW
DRUG WHICH DOES NOT COMPLY WITH THE PROVISIONS OF THIS TITLE; OR
3. FROM DISSEMINATING OR CAUSING TO BE DISSEMINATED A FALSE ADVERTISE-
MENT, WITHOUT BEING COMPELLED TO ALLEGE OR PROVE THAT AN ADEQUATE REMEDY
AT LAW DOES NOT EXIST.
§ 6825. PROOF REQUIRED IN PROSECUTION FOR CERTAIN VIOLATIONS. 1. IN AN
ACTION OR PROCEEDING, CIVIL OR CRIMINAL, AGAINST A PERSON FOR VIOLATING
SUCH PROVISIONS OF THIS TITLE WHICH RELATE TO THE POSSESSION OF,
COMPOUNDING, RETAILING OR DISPENSING OF MISBRANDED, SUBSTITUTED OR
IMITATED DRUGS, POISONS OR COSMETICS, WHEN IT SHALL BE NECESSARY THAT AN
ANALYSIS BE MADE FOR THE PURPOSE OF ESTABLISHING THE QUALITY OF SUCH
DRUG, POISON OR COSMETIC SO AS TO DETERMINE THE FACT OF MISBRANDING,
SUBSTITUTING OR IMITATING, THEN IT SHALL BE REQUIRED TO PROVE AT THE
TRIAL OR HEARING OF SUCH ACTION OR PROCEEDING, THAT THE PERSON, TAKING
THE SAME FOR ANALYSIS SEPARATED IT INTO TWO REPRESENTATIVE PARTS,
HERMETICALLY OR OTHERWISE EFFECTIVELY AND COMPLETELY SEALED, DELIVERED
ONE SUCH SEALED PART TO THE SELLER, MANUFACTURER, WHOLESALER, PHARMA-
CIST, OR DRUGGIST FROM WHOSE PREMISES SUCH SAMPLE WAS TAKEN AND DELIV-
ERED THE OTHER PART SO SEALED TO THE CHEMIST DESIGNATED BY THE STATE
BOARD OF PHARMACY; AND THE FACTS HEREIN REQUIRED TO BE PROVEN SHALL BE
ALLEGED IN THE COMPLAINT OR INFORMATION BY WHICH SUCH ACTION OR PROCEED-
ING WAS BEGUN. THE RULES OF THE BOARD SHALL BE PROVEN PRIMA FACIE BY THE
CERTIFICATE OF THE SECRETARY.
2. ANY PERSON ACCUSED OF VIOLATION OF ANY OF THE PROVISIONS OF THIS
TITLE RELATING TO ADULTERATING, MISBRANDING, SUBSTITUTION OR IMITATION
SHALL NOT BE PROSECUTED OR CONVICTED OR SUFFER ANY OF THE PENALTIES,
FINES OR FORFEITURES FOR SUCH VIOLATION, IF HE OR SHE ESTABLISHES UPON
THE HEARING OR TRIAL THAT THE DRUG, DEVICE OR COSMETIC ALLEGED TO BE
ADULTERATED, MISBRANDED, SUBSTITUTED OR IMITATED WAS PURCHASED BY HIM OR
HER UNDER A WRITTEN GUARANTY OF THE MANUFACTURER OR SELLER TO THE EFFECT
THAT SAID DRUG, DEVICE OR COSMETIC WAS NOT ADULTERATED OR MISBRANDED,
WITHIN THE MEANING OF THIS TITLE AND PROVES THAT HE OR SHE HAS NOT ADUL-
S. 4007--A 356 A. 3007--A
TERATED, MISBRANDED, SUBSTITUTED OR IMITATED THE SAME, PROVIDED THE
SELLER HAS TAKEN DUE PRECAUTION TO MAINTAIN THE STANDARD SET FOR THE
DRUG, DEVICE OR COSMETIC. A GUARANTY, IN ORDER TO BE A DEFENSE TO A
PROSECUTION OR TO PREVENT CONVICTION OR TO AFFORD PROTECTION, MUST STATE
THAT THE DRUG, DEVICE OR COSMETIC TO WHICH IT REFERS IS NOT ADULTERATED,
MISBRANDED, SUBSTITUTED OR IMITATED WITHIN THE MEANING OF THE PROVISIONS
OF THIS TITLE AND MUST STATE ALSO THE FULL NAME AND PLACE OF BUSINESS OF
THE MANUFACTURER, WHOLESALER, JOBBER OR OTHER PERSON FROM WHOM THE DRUG,
DEVICE OR COSMETIC WAS PURCHASED, AND THE DATE OF PURCHASE. THE ACT,
OMISSION OR FAILURE OF ANY OFFICER, AGENT OR OTHER EMPLOYEE ACTING FOR
OR EMPLOYED BY ANY PERSON WITHIN THE SCOPE OF HIS OR HER AUTHORITY OR
EMPLOYMENT SHALL IN EVERY CASE BE THE ACT, OMISSION OR FAILURE OF SUCH
PERSON AS WELL AS THAT OF THE OFFICER, AGENT OR OTHER EMPLOYEE, AND SUCH
PERSON SHALL BE EQUALLY LIABLE FOR VIOLATIONS OF THIS TITLE BY A PART-
NERSHIP, ASSOCIATION OR CORPORATION, AND EVERY MEMBER OF THE PARTNERSHIP
OR ASSOCIATION AND THE DIRECTORS AND GENERAL OFFICERS OF THE CORPORATION
AND THE GENERAL MANAGER OF THE PARTNERSHIP, ASSOCIATION OR CORPORATION
SHALL BE INDIVIDUALLY LIABLE AND ANY ACTION, PROSECUTION OR PROCEEDING
AUTHORIZED BY THIS TITLE MAY BE BROUGHT AGAINST ANY OR ALL OF SUCH
PERSONS. WHEN ANY PROSECUTION UNDER THIS TITLE IS MADE ON THE COMPLAINT
OF THE BOARD, ANY FINES COLLECTED SHALL BE PAID INTO THE STATE TREASURY
AS PROVIDED BY THIS TITLE.
3. NO PUBLISHER, RADIO-BROADCAST LICENSEE, ADVERTISING AGENCY, OR
AGENCY OR MEDIUM FOR THE DISSEMINATION OF ADVERTISING, EXCEPT THE
MANUFACTURER, PACKER, DISTRIBUTOR, OR SELLER OF THE COMMODITY TO WHICH
THE FALSE ADVERTISEMENT RELATES, SHALL BE SUBJECT TO THE PENALTIES
PROVIDED BY THIS TITLE BY REASON OF THE DISSEMINATION BY HIM OR HER OF
ANY FALSE ADVERTISEMENT, UNLESS HE OR SHE HAS REFUSED, ON THE REQUEST OF
THE SECRETARY, TO FURNISH THE SECRETARY THE NAME AND POST-OFFICE ADDRESS
OF THE MANUFACTURER, PACKER, DISTRIBUTOR, SELLER OR ADVERTISING AGENCY,
WHO CAUSED HIM OR HER TO DISSEMINATE SUCH ADVERTISEMENT.
§ 6826. DRUG RETAIL PRICE LISTS. 1. EVERY PHARMACY SHALL COMPILE A
DRUG RETAIL PRICE LIST, WHICH SHALL CONTAIN THE NAMES OF THE DRUGS ON
THE LIST PROVIDED BY THE BOARD, AND THE PHARMACY'S CORRESPONDING RETAIL
PRICES FOR EACH DRUG. EVERY PHARMACY SHALL UPDATE ITS DRUG RETAIL LIST
AT LEAST WEEKLY AND PROVIDE THE TIME AND DATE THAT THE LIST WAS UPDATED.
EVERY PHARMACY SHALL PROVIDE THE DRUG RETAIL PRICE LIST TO ANY PERSON
UPON REQUEST.
2. A. THE LIST PROVIDED BY THE BOARD SHALL BE PREPARED AT LEAST ANNU-
ALLY BY THE BOARD AND DISTRIBUTED TO EACH PHARMACY IN THE STATE. THE
LIST SHALL BE A COMPENDIUM OF THE ONE HUNDRED FIFTY MOST FREQUENTLY
PRESCRIBED DRUGS TOGETHER WITH THEIR USUAL DOSAGES FOR WHICH A
PRESCRIPTION IS REQUIRED BY THE PROVISIONS OF THE "FEDERAL FOOD, DRUG,
AND COSMETIC ACT" (21 U.S.C. 301, ET SEQ.; 52 STAT. 1040, ET SEQ.), AS
AMENDED, OR BY THE COMMISSIONER. THE BOARD SHALL MAKE THE COMPENDIUM
LIST AVAILABLE TO EACH PHARMACY FREE OF CHARGE, BOTH IN PRINTED FORM AND
IN AN ELECTRONIC FORM THAT CAN BE USED TO PRODUCE THE PHARMACY'S DRUG
RETAIL LIST. THE BOARD SHALL PROVIDE THE COMPENDIUM LIST TO THE DEPART-
MENT.
B. THE DRUG RETAIL PRICE LIST SHALL CONTAIN AN ADVISORY STATEMENT BY
THE DEPARTMENT ALERTING CONSUMERS TO THE NEED TO TELL THEIR HEALTH CARE
PRACTITIONER AND PHARMACIST ABOUT ALL THE MEDICATIONS THEY MAY BE TAKING
AND TO ASK THEM HOW TO AVOID HARMFUL INTERACTIONS BETWEEN DRUGS, IF ANY.
A PHARMACY MAY INCLUDE ON ITS DRUG RETAIL PRICE LIST A STATEMENT: (I)
CONCERNING DISCOUNTS FROM ITS LISTED RETAIL PRICES THAT MAY BE AVAILABLE
S. 4007--A 357 A. 3007--A
TO CONSUMERS AND (II) ANY LIMITATIONS THAT THE PHARMACY MAY HAVE AS TO
WHAT GROUP OR GROUPS OF CUSTOMERS IT SERVES.
3. THE PHARMACY'S CORRESPONDING RETAIL PRICE MEANS THE ACTUAL PRICE TO
BE PAID BY A RETAIL PURCHASER TO THE PHARMACY FOR ANY LISTED DRUG AT THE
LISTED DOSAGE. HOWEVER, UPON IMPLEMENTATION OF THE PRESCRIPTION DRUG
RETAIL PRICE LIST DATABASE BY THE DEPARTMENT UNDER THIS SECTION, THE
PHARMACY'S CORRESPONDING RETAIL PRICE SHALL MEAN THE PRICE SENT TO IT BY
THE DEPARTMENT UNDER SUCH SECTION.
4. PHARMACIES SHALL HAVE A SIGN NOTIFYING PEOPLE OF THE AVAILABILITY
OF THE DRUG RETAIL PRICE LIST AND THE AVAILABILITY OF THE DEPARTMENT
PRESCRIPTION DRUG RETAIL PRICE LIST DATABASE AND THE WEB ADDRESS OF THAT
DATABASE, CONSPICUOUSLY POSTED AT OR ADJACENT TO THE PLACE IN THE PHAR-
MACY WHERE PRESCRIPTIONS ARE PRESENTED FOR COMPOUNDING AND DISPENSING,
IN THE WAITING AREA FOR CUSTOMERS, OR IN THE AREA WHERE PRESCRIBED DRUGS
ARE DELIVERED.
5. NOTHING CONTAINED HEREIN SHALL PREVENT A PHARMACY FROM CHANGING AND
CHARGING THE CURRENT RETAIL PRICE AT ANY TIME, PROVIDED THAT THE LISTED
PRICE IS UPDATED AT LEAST WEEKLY TO REFLECT THE NEW RETAIL PRICE.
6. THE COMMISSIONER SHALL MAKE REGULATIONS NECESSARY TO IMPLEMENT THIS
SECTION, INCLUDING HOW THIS SECTION IS APPLIED TO MAIL-ORDER AND INTER-
NET PHARMACIES.
§ 6826-A. REDUCING CERTAIN COPAYMENTS. 1. WHERE AN INSURED'S COPAYMENT
FOR A DRUG EXCEEDS THE CORRESPONDING RETAIL PRICE FOR THE SAME DRUG ON
THE PHARMACY'S DRUG RETAIL PRICE LIST, THE PHARMACIST SHALL NOTIFY THE
INSURED OF THIS OCCURRENCE AND CHARGE NO GREATER THAN THE PHARMACY'S
CORRESPONDING RETAIL PRICE.
2. WHERE THE DRUG BEING PURCHASED IS NOT ON THE DRUG RETAIL PRICE
LIST, AND THE COPAYMENT FOR THE DRUG EXCEEDS THE PHARMACY'S USUAL AND
CUSTOMARY PRICE FOR THAT DRUG, THE PHARMACIST SHALL NOTIFY THE INSURED
OF THIS OCCURRENCE AND CHARGE THE LESSER OF THE INSURED'S COPAYMENT AND
THE PHARMACY'S USUAL AND CUSTOMARY PRICE FOR THAT DRUG.
§ 6827. MANDATORY CONTINUING EDUCATION. 1. A. EACH LICENSED PHARMACIST
REQUIRED UNDER THIS TITLE TO REGISTER TRIENNIALLY WITH THE DEPARTMENT TO
PRACTICE IN THE STATE SHALL COMPLY WITH PROVISIONS OF THE MANDATORY
CONTINUING EDUCATION REQUIREMENTS PRESCRIBED IN SUBDIVISION TWO OF THIS
SECTION EXCEPT AS SET FORTH IN PARAGRAPHS B AND C OF THIS SUBDIVISION.
PHARMACISTS WHO DO NOT SATISFY THE MANDATORY CONTINUING EDUCATION
REQUIREMENTS SHALL NOT PRACTICE UNTIL THEY HAVE MET SUCH REQUIREMENTS,
AND THEY HAVE BEEN ISSUED A REGISTRATION CERTIFICATE, EXCEPT THAT A
PHARMACIST MAY PRACTICE WITHOUT HAVING MET SUCH REQUIREMENTS IF HE OR
SHE IS ISSUED A CONDITIONAL REGISTRATION CERTIFICATE PURSUANT TO SUBDI-
VISION THREE OF THIS SECTION.
B. IN ACCORD WITH THE INTENT OF THIS SECTION, ADJUSTMENT TO THE MANDA-
TORY CONTINUING EDUCATION REQUIREMENT MAY BE GRANTED BY THE DEPARTMENT
FOR REASONS OF HEALTH CERTIFIED BY AN APPROPRIATE HEALTH CARE PROFES-
SIONAL, 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 PHARMACIST NOT ENGAGED IN PRACTICE AS DETERMINED BY THE
DEPARTMENT, SHALL BE EXEMPT FROM THE MANDATORY CONTINUING EDUCATION
REQUIREMENT UPON THE FILING OF A STATEMENT WITH THE DEPARTMENT DECLARING
SUCH STATUS. ANY LICENSEE WHO RETURNS TO THE PRACTICE OF PHARMACY 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.
S. 4007--A 358 A. 3007--A
2. DURING EACH TRIENNIAL REGISTRATION PERIOD AN APPLICANT FOR REGIS-
TRATION SHALL COMPLETE A MINIMUM OF FORTY-FIVE HOURS OF ACCEPTABLE
FORMAL CONTINUING EDUCATION, AS SPECIFIED IN SUBDIVISION FOUR OF THIS
SECTION, PROVIDED THAT NO MORE THAN TWENTY-TWO HOURS OF SUCH CONTINUING
EDUCATION SHALL CONSIST OF SELF-STUDY COURSES. ANY PHARMACIST WHOSE
FIRST REGISTRATION DATE FOLLOWING THE EFFECTIVE DATE OF THIS SECTION
OCCURS LESS THAN THREE YEARS FROM SUCH EFFECTIVE DATE, BUT ON OR AFTER
JANUARY FIRST, NINETEEN HUNDRED NINETY-EIGHT, SHALL COMPLETE CONTINUING
EDUCATION HOURS ON A PRORATED BASIS AT THE RATE OF ONE AND ONE-QUARTER
HOURS PER MONTH FOR THE PERIOD BEGINNING JANUARY FIRST, NINETEEN HUNDRED
NINETY-SEVEN UP TO THE FIRST REGISTRATION DATE THEREAFTER. A LICENSEE
WHO HAS NOT SATISFIED THE MANDATORY CONTINUING EDUCATION REQUIREMENTS
SHALL NOT BE ISSUED A TRIENNIAL REGISTRATION CERTIFICATE BY THE DEPART-
MENT AND SHALL NOT PRACTICE UNLESS AND UNTIL A CONDITIONAL REGISTRATION
CERTIFICATE IS ISSUED AS PROVIDED FOR IN SUBDIVISION THREE OF THIS
SECTION. CONTINUING EDUCATION HOURS TAKEN DURING ONE TRIENNIUM MAY NOT
BE 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 COMPLETE 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
SUBMIT EVIDENCE, SATISFACTORY TO THE DEPARTMENT, OF REQUIRED CONTINUING
EDUCATION AND WHO PRACTICES PHARMACY WITHOUT SUCH REGISTRATION, MAY BE
SUBJECT TO DISCIPLINARY PROCEEDINGS PURSUANT TO SECTION SIXTY-FIVE
HUNDRED TEN OF THIS ARTICLE.
4. AS USED IN SUBDIVISION TWO OF THIS SECTION, "ACCEPTABLE FORMAL
CONTINUING EDUCATION" SHALL MEAN FORMAL COURSES OF LEARNING WHICH
CONTRIBUTE TO PROFESSIONAL PRACTICE IN PHARMACY AND WHICH MEET THE STAN-
DARDS PRESCRIBED BY 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
COURSES IN SPECIFIC SUBJECTS. TO FULFILL THIS MANDATORY CONTINUING
EDUCATION REQUIREMENT, COURSES MUST BE TAKEN FROM A SPONSOR APPROVED BY
THE DEPARTMENT, PURSUANT TO THE REGULATIONS OF THE COMMISSIONER.
5. PHARMACISTS SHALL MAINTAIN ADEQUATE DOCUMENTATION OF COMPLETION OF
ACCEPTABLE FORMAL CONTINUING EDUCATION AND SHALL PROVIDE SUCH DOCUMENTA-
TION AT THE REQUEST OF THE DEPARTMENT. FAILURE TO PROVIDE SUCH DOCUMEN-
TATION UPON THE REQUEST OF THE DEPARTMENT SHALL BE AN ACT OF MISCONDUCT
SUBJECT TO DISCIPLINARY PROCEEDINGS PURSUANT TO SECTION SIXTY-FIVE
HUNDRED TEN OF THIS ARTICLE.
6. THE MANDATORY CONTINUING EDUCATION FEE SHALL BE FORTY-FIVE DOLLARS,
SHALL BE PAYABLE ON OR BEFORE THE FIRST DAY OF EACH TRIENNIAL REGISTRA-
TION PERIOD, AND SHALL BE PAID IN ADDITION TO THE TRIENNIAL REGISTRATION
FEE REQUIRED BY SECTION SIXTY-EIGHT HUNDRED FIVE OF THIS TITLE.
§ 6828. CERTIFICATES OF ADMINISTRATION. 1. NO PHARMACIST SHALL ADMIN-
ISTER IMMUNIZING AGENTS WITHOUT A CERTIFICATE OF ADMINISTRATION ISSUED
BY THE DEPARTMENT PURSUANT TO REGULATIONS OF THE COMMISSIONER.
2. THE FEE FOR A CERTIFICATE OF ADMINISTRATION SHALL BE ONE HUNDRED
DOLLARS AND SHALL BE PAID ON A TRIENNIAL BASIS. A CERTIFICATE MAY BE
SUSPENDED OR REVOKED IN THE SAME MANNER AS A LICENSE TO PRACTICE PHARMA-
CY.
S. 4007--A 359 A. 3007--A
§ 6829. INTERPRETATION AND TRANSLATION REQUIREMENTS FOR PRESCRIPTION
DRUGS AND STANDARDIZED MEDICATION LABELING. 1. FOR THE PURPOSES OF THIS
SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
A. "COVERED PHARMACY" MEANS ANY PHARMACY THAT IS PART OF A GROUP OF
EIGHT OR MORE PHARMACIES, LOCATED WITHIN NEW YORK STATE AND OWNED BY THE
SAME CORPORATE ENTITY. FOR PURPOSES OF THIS SECTION, "CORPORATE ENTITY"
SHALL INCLUDE RELATED SUBSIDIARIES, AFFILIATES, SUCCESSORS, OR ASSIGNEES
DOING BUSINESS AS OR OPERATING UNDER A COMMON NAME OR TRADING SYMBOL.
B. "LIMITED ENGLISH PROFICIENT INDIVIDUAL" OR "LEP INDIVIDUAL" MEANS
AN INDIVIDUAL WHO IDENTIFIES AS BEING, OR IS EVIDENTLY, UNABLE TO SPEAK,
READ OR WRITE ENGLISH AT A LEVEL THAT PERMITS SUCH INDIVIDUAL TO UNDER-
STAND HEALTH-RELATED AND PHARMACEUTICAL INFORMATION COMMUNICATED IN
ENGLISH.
C. "TRANSLATION" SHALL MEAN THE CONVERSION OF A WRITTEN TEXT FROM ONE
LANGUAGE INTO AN EQUIVALENT WRITTEN TEXT IN ANOTHER LANGUAGE BY AN INDI-
VIDUAL COMPETENT TO DO SO AND UTILIZING ALL NECESSARY PHARMACEUTICAL AND
HEALTH-RELATED TERMINOLOGY. SUCH TRANSLATION MAY OCCUR, WHERE APPROPRI-
ATE, IN A SEPARATE DOCUMENT PROVIDED TO AN LEP INDIVIDUAL THAT ACCOMPA-
NIES HIS OR HER MEDICATION.
D. "COMPETENT ORAL INTERPRETATION" MEANS ORAL COMMUNICATION IN WHICH A
PERSON ACTING AS AN INTERPRETER COMPREHENDS A MESSAGE AND RE-EXPRESSES
THAT MESSAGE ACCURATELY IN ANOTHER LANGUAGE, UTILIZING ALL NECESSARY
PHARMACEUTICAL AND HEALTH-RELATED TERMINOLOGY, SO AS TO ENABLE AN LEP
INDIVIDUAL TO RECEIVE ALL NECESSARY INFORMATION IN THE LEP INDIVIDUAL'S
PREFERRED PHARMACY PRIMARY LANGUAGE.
E. "PHARMACY PRIMARY LANGUAGES" SHALL MEAN THOSE LANGUAGES SPOKEN BY
ONE PERCENT OR MORE OF THE POPULATION, AS DETERMINED BY THE U.S. CENSUS,
FOR EACH REGION, AS ESTABLISHED BY REGULATIONS PROMULGATED PURSUANT TO
THIS SECTION, PROVIDED, HOWEVER, THAT THE REGULATIONS SHALL NOT REQUIRE
TRANSLATION OR COMPETENT ORAL INTERPRETATION OF MORE THAN SEVEN
LANGUAGES IN ANY REGION.
F. "MAIL ORDER PHARMACY" SHALL MEAN A PHARMACY THAT DISPENSES MOST OF
ITS PRESCRIPTIONS THROUGH THE UNITED STATES POSTAL SERVICE OR OTHER
DELIVERY SYSTEM.
2. A. EVERY COVERED PHARMACY SHALL PROVIDE FREE, COMPETENT ORAL INTER-
PRETATION SERVICES AND TRANSLATION SERVICES TO EACH LEP INDIVIDUAL
REQUESTING SUCH SERVICES OR FILLING A PRESCRIPTION THAT INDICATES THAT
THE INDIVIDUAL IS LIMITED ENGLISH PROFICIENT AT SUCH COVERED PHARMACY IN
THE LEP INDIVIDUAL'S PREFERRED PHARMACY PRIMARY LANGUAGE FOR THE
PURPOSES OF COUNSELING SUCH INDIVIDUAL ABOUT HIS OR HER PRESCRIPTION
MEDICATIONS OR WHEN SOLICITING INFORMATION NECESSARY TO MAINTAIN A
PATIENT MEDICATION PROFILE, UNLESS THE LEP INDIVIDUAL IS OFFERED AND
REFUSES SUCH SERVICES.
B. EVERY COVERED PHARMACY SHALL PROVIDE FREE, COMPETENT ORAL INTERPRE-
TATION SERVICES AND TRANSLATION SERVICES OF PRESCRIPTION MEDICATION
LABELS, WARNING LABELS AND OTHER WRITTEN MATERIAL TO EACH LEP INDIVIDUAL
FILLING A PRESCRIPTION AT SUCH COVERED PHARMACY, UNLESS THE LEP INDIVID-
UAL IS OFFERED AND REFUSES SUCH SERVICES OR THE MEDICATION LABEL, WARN-
ING LABELS AND OTHER WRITTEN MATERIALS HAVE ALREADY BEEN TRANSLATED INTO
THE LANGUAGE SPOKEN BY THE LEP INDIVIDUAL.
C. THE SERVICES REQUIRED BY THIS SECTION MAY BE PROVIDED BY A STAFF
MEMBER OF THE PHARMACY OR A THIRD-PARTY CONTRACTOR. SUCH SERVICES MUST
BE PROVIDED ON AN IMMEDIATE BASIS BUT NEED NOT BE PROVIDED IN-PERSON OR
FACE-TO-FACE IN ORDER TO MEET THE REQUIREMENTS OF THIS SECTION.
3. EVERY COVERED PHARMACY SHALL CONSPICUOUSLY POST, AT OR ADJACENT TO
EACH COUNTER OVER WHICH PRESCRIPTION DRUGS ARE SOLD, A NOTIFICATION OF
S. 4007--A 360 A. 3007--A
THE RIGHT TO FREE, COMPETENT ORAL INTERPRETATION SERVICES AND TRANS-
LATION SERVICES FOR LIMITED ENGLISH PROFICIENT INDIVIDUALS AS PROVIDED
FOR IN SUBDIVISION TWO OF THIS SECTION. SUCH NOTIFICATIONS SHALL BE
PROVIDED IN THE PHARMACY PRIMARY LANGUAGES. THE SIZE, STYLE AND PLACE-
MENT OF SUCH NOTICE SHALL BE DETERMINED IN ACCORDANCE WITH RULES PROMUL-
GATED PURSUANT TO THIS SECTION.
4. THE COMMISSIONER SHALL PROMULGATE REGULATIONS REQUIRING THAT MAIL
ORDER PHARMACIES CONDUCTING BUSINESS IN THE STATE PROVIDE FREE, COMPE-
TENT ORAL INTERPRETATION SERVICES AND TRANSLATION SERVICES TO PERSONS
FILLING A PRESCRIPTION THROUGH SUCH MAIL ORDER PHARMACIES WHOM ARE IDEN-
TIFIED AS LEP INDIVIDUALS. SUCH REGULATIONS SHALL TAKE EFFECT ONE YEAR
AFTER THE EFFECTIVE DATE OF THIS SECTION; PROVIDED, HOWEVER, THAT THEY
SHALL BE PROMULGATED PURSUANT TO THE REQUIREMENTS OF THE STATE ADMINIS-
TRATIVE PROCEDURE ACT, ADDRESS THE CONCERNS OF AFFECTED STAKEHOLDERS,
AND REFLECT THE FINDINGS OF A THOROUGH ANALYSIS OF ISSUES INCLUDING:
A. HOW PERSONS SHALL BE IDENTIFIED AS AN LEP INDIVIDUAL, IN LIGHT OF
THE MANNER BY WHICH PRESCRIPTIONS ARE CURRENTLY RECEIVED BY SUCH MAIL
ORDER PHARMACIES;
B. WHICH LANGUAGES SHALL BE CONSIDERED;
C. THE MANNER AND CIRCUMSTANCES IN WHICH COMPETENT ORAL INTERPRETATION
SERVICES AND TRANSLATION SERVICES SHALL BE PROVIDED;
D. THE INFORMATION FOR WHICH COMPETENT ORAL INTERPRETATION SERVICES
AND TRANSLATION SERVICES SHALL BE PROVIDED;
E. ANTICIPATED UTILIZATION, AVAILABLE RESOURCES, AND COST CONSIDER-
ATIONS; AND
F. STANDARDS FOR MONITORING COMPLIANCE WITH REGULATIONS AND ENSURING
THE DELIVERY OF QUALITY COMPETENT ORAL INTERPRETATION SERVICES AND
TRANSLATION SERVICES.
THE COMMISSIONER SHALL PROVIDE A REPORT ON IMPLEMENTATION, UTILIZA-
TION, UNANTICIPATED PROBLEMS, AND CORRECTIVE ACTIONS UNDERTAKEN AND
PLANNED TO THE TEMPORARY PRESIDENT OF THE SENATE AND THE SPEAKER OF THE
ASSEMBLY NO LATER THAN TWO YEARS AFTER THE EFFECTIVE DATE OF THIS
SECTION.
5. COVERED PHARMACIES SHALL NOT BE LIABLE FOR INJURIES RESULTING FROM
THE ACTIONS OF THIRD-PARTY CONTRACTORS TAKEN PURSUANT TO AND WITHIN THE
SCOPE OF THE CONTRACT WITH THE COVERED PHARMACY AS LONG AS THE COVERED
PHARMACY ENTERED INTO SUCH CONTRACT REASONABLY AND IN GOOD FAITH TO
COMPLY WITH THIS SECTION, AND WAS NOT NEGLIGENT WITH REGARD TO THE
ALLEGED MISCONDUCT OF THE THIRD-PARTY CONTRACTOR.
6. THE REGULATIONS PROMULGATED PURSUANT TO THIS SECTION SHALL ESTAB-
LISH A PROCESS BY WHICH COVERED PHARMACIES MAY APPLY AND RECEIVE A WAIV-
ER FROM COMPLIANCE WITH SUBDIVISIONS TWO AND THREE OF THIS SECTION UPON
A SHOWING THAT IMPLEMENTATION WOULD BE UNNECESSARILY BURDENSOME WHEN
COMPARED TO THE NEED FOR SUCH SERVICES.
7. THE COMMISSIONER SHALL PROMULGATE REGULATIONS TO EFFECTUATE THE
REQUIREMENTS OF THIS SECTION.
§ 6830. STANDARDIZED PATIENT-CENTERED DATA ELEMENTS. 1. THE COMMIS-
SIONER SHALL DEVELOP RULES AND REGULATIONS REQUIRING STANDARDIZED
PATIENT-CENTERED DATA ELEMENTS CONSISTENT WITH EXISTING TECHNOLOGY AND
EQUIPMENT TO BE USED ON ALL PRESCRIPTION MEDICINE DISPENSED TO PATIENTS
IN THIS STATE.
2. WHEN DEVELOPING THE REQUIREMENTS FOR PATIENT-CENTERED DATA ELEMENTS
ON PRESCRIPTION DRUG LABELS, THE COMMISSIONER SHALL CONSIDER:
A. MEDICAL LITERACY RESEARCH THAT IDENTIFIES FACTORS THAT IMPROVE
UNDERSTANDABILITY OF LABELS AND PROMOTES INCREASED COMPLIANCE WITH A
DRUG'S INTENDED USE;
S. 4007--A 361 A. 3007--A
B. FACTORS THAT IMPROVE THE CLARITY OF DIRECTIONS FOR USE;
C. FONT TYPES AND SIZES;
D. INCLUSION OF ONLY PATIENT-CENTERED INFORMATION; AND
E. THE NEEDS OF SPECIAL POPULATIONS. TO ENSURE PUBLIC INPUT, THE
COMMISSIONER SHALL SOLICIT INPUT FROM THE STATE BOARD OF PHARMACY AND
THE STATE BOARD OF MEDICINE, CONSUMER GROUPS, ADVOCATES FOR SPECIAL
POPULATIONS, PHARMACISTS, PHYSICIANS, OTHER HEALTH CARE PROFESSIONALS
AUTHORIZED TO PRESCRIBE, AND OTHER INTERESTED PARTIES.
§ 6831. SPECIAL PROVISIONS RELATING TO OUTSOURCING FACILITIES. 1.
REGISTRATION. ANY OUTSOURCING FACILITY THAT IS ENGAGED IN THE COMPOUND-
ING OF STERILE DRUGS IN THIS STATE SHALL BE REGISTERED AS AN OUTSOURCING
FACILITY UNDER THE FEDERAL FOOD, DRUG AND COSMETIC ACT AND BE REGISTERED
AS AN OUTSOURCING FACILITY PURSUANT TO THIS TITLE.
2. NEW DRUGS. SECTIONS 502(F)(1), 505 AND 582 OF THE FEDERAL FOOD,
DRUG AND COSMETIC ACT SHALL NOT APPLY TO A DRUG COMPOUNDED IN AN
OUTSOURCING FACILITY REGISTERED UNDER THE FEDERAL FOOD, DRUG AND COSMET-
IC ACT.
3. PRESCRIPTIONS. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE
CONTRARY, NO OUTSOURCING FACILITY MAY DISTRIBUTE OR DISPENSE ANY DRUG TO
ANY PERSON PURSUANT TO A PRESCRIPTION UNLESS IT IS ALSO REGISTERED AS A
PHARMACY IN THIS STATE AND MEETS ALL OTHER APPLICABLE REQUIREMENTS OF
FEDERAL AND STATE LAW.
4. RESTRICTIONS. ANY DRUGS COMPOUNDED IN AN OUTSOURCING FACILITY
REGISTERED PURSUANT TO THIS TITLE SHALL BE COMPOUNDED IN ACCORDANCE WITH
ALL APPLICABLE FEDERAL AND STATE LAWS.
5. LABELING. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRA-
RY, THE LABEL OF ANY DRUG COMPOUNDED BY AN OUTSOURCING FACILITY SHALL
INCLUDE, BUT NOT BE LIMITED TO THE FOLLOWING:
A. A STATEMENT THAT THE DRUG IS A COMPOUNDED DRUG OR A REASONABLE
COMPARABLE ALTERNATIVE STATEMENT THAT PROMINENTLY IDENTIFIES THE DRUG AS
A COMPOUNDED DRUG;
B. THE NAME, ADDRESS, AND PHONE NUMBER OF THE APPLICABLE OUTSOURCING
FACILITY; AND
C. WITH RESPECT TO THE DRUG:
(I) THE LOT OR BATCH NUMBER;
(II) THE ESTABLISHED NAME OF THE DRUG;
(III) THE DOSAGE FORM AND STRENGTH;
(IV) THE STATEMENT OF QUANTITY OR VOLUME, AS APPROPRIATE;
(V) THE DATE THAT THE DRUG WAS COMPOUNDED;
(VI) THE EXPIRATION DATE;
(VII) STORAGE AND HANDLING INSTRUCTIONS;
(VIII) THE NATIONAL DRUG CODE NUMBER, IF AVAILABLE;
(IX) THE STATEMENT THAT THE DRUG IS NOT FOR RESALE, AND THE STATEMENT
"OFFICE USE ONLY"; AND
(X) A LIST OF THE ACTIVE AND INACTIVE INGREDIENTS, IDENTIFIED BY
ESTABLISHED NAME, AND THE QUANTITY OR PROPORTION OF EACH INGREDIENT.
6. CONTAINER. THE CONTAINER FROM WHICH THE INDIVIDUAL UNITS OF THE
DRUG ARE REMOVED FOR DISPENSING OR FOR ADMINISTRATION, SUCH AS A PLASTIC
BAG CONTAINING INDIVIDUAL PRODUCT SYRINGES, SHALL INCLUDE:
A. A LIST OF ACTIVE AND INACTIVE INGREDIENTS, IDENTIFIED BY ESTAB-
LISHED NAME, AND THE QUANTITY OR PROPORTION OF EACH INGREDIENT; AND
B. ANY OTHER INFORMATION REQUIRED BY REGULATIONS PROMULGATED BY THE
COMMISSIONER TO FACILITATE ADVERSE EVENT REPORTING IN ACCORDANCE WITH
THE REQUIREMENTS ESTABLISHED IN SECTION 310.305 OF TITLE 21 OF THE CODE
OF FEDERAL REGULATIONS.
S. 4007--A 362 A. 3007--A
7. BULK DRUGS. A DRUG MAY ONLY BE COMPOUNDED IN AN OUTSOURCING FACILI-
TY THAT DOES NOT COMPOUND USING BULK DRUG SUBSTANCES AS DEFINED IN
SECTION 207.3(A)(4) OF TITLE 21 OF THE CODE OF FEDERAL REGULATIONS OR
ANY SUCCESSOR REGULATION UNLESS:
A. THE BULK DRUG SUBSTANCE APPEARS ON A LIST ESTABLISHED BY THE SECRE-
TARY OF HEALTH AND HUMAN SERVICES IDENTIFYING BULK DRUG SUBSTANCES FOR
WHICH THERE IS A CLINICAL NEED;
B. THE DRUG IS COMPOUNDED FROM A BULK DRUG SUBSTANCE THAT APPEARS ON
THE FEDERAL DRUG SHORTAGE LIST IN EFFECT AT THE TIME OF COMPOUNDING,
DISTRIBUTING, AND DISPENSING;
C. IF AN APPLICABLE MONOGRAPH EXISTS UNDER THE UNITED STATES PHARMA-
COPEIA, THE NATIONAL FORMULARY, OR ANOTHER COMPENDIUM OR PHARMACOPEIA
RECOGNIZED BY THE SECRETARY OF HEALTH AND HUMAN SERVICES AND THE BULK
DRUG SUBSTANCES EACH COMPLY WITH THE MONOGRAPH;
D. THE BULK DRUG SUBSTANCES ARE EACH MANUFACTURED BY AN ESTABLISHMENT
THAT IS REGISTERED WITH THE FEDERAL GOVERNMENT.
8. INGREDIENTS. IF AN OUTSOURCING FACILITY USES INGREDIENTS, OTHER
THAN BULK DRUG SUBSTANCES, SUCH INGREDIENTS MUST COMPLY WITH THE STAND-
ARDS OF THE APPLICABLE UNITED STATES PHARMACOPEIA OR NATIONAL FORMULARY
MONOGRAPH, IF SUCH MONOGRAPH EXISTS, OR OF ANOTHER COMPENDIUM OR PHARMA-
COPEIA RECOGNIZED BY THE SECRETARY OF HEALTH AND HUMAN SERVICES FOR
PURPOSES OF THIS SUBDIVISION, IF ANY.
9. UNSAFE OR INEFFECTIVE DRUGS. NO OUTSOURCING FACILITY MAY COMPOUND A
DRUG THAT APPEARS ON A LIST PUBLISHED BY THE SECRETARY OF HEALTH AND
HUMAN SERVICES THAT HAS BEEN WITHDRAWN OR REMOVED FROM THE MARKET
BECAUSE SUCH DRUGS OR COMPONENTS OF SUCH DRUGS HAVE BEEN FOUND TO BE
UNSAFE OR NOT EFFECTIVE.
10. PROHIBITION ON WHOLESALING. NO COMPOUNDED DRUG WILL BE SOLD OR
TRANSFERRED BY ANY ENTITY OTHER THAN THE OUTSOURCING FACILITY THAT
COMPOUNDED SUCH DRUG. THIS DOES NOT PROHIBIT THE ADMINISTRATION OF A
DRUG IN A HEALTH CARE SETTING OR DISPENSING A DRUG PURSUANT TO A PROPER-
LY EXECUTED PRESCRIPTION.
11. PROHIBITION AGAINST COPYING AN APPROVED DRUG. NO OUTSOURCING
FACILITY MAY COMPOUND A DRUG THAT IS ESSENTIALLY A COPY OF ONE OR MORE
APPROVED DRUGS.
12. PROHIBITION AGAINST COMPOUNDING DRUGS PRESENTING DEMONSTRABLE
DIFFICULTIES. NO OUTSOURCING FACILITY MAY COMPOUND A DRUG:
A. THAT IS IDENTIFIED, DIRECTLY OR AS PART OF A CATEGORY OF DRUGS, ON
A LIST PUBLISHED BY THE SECRETARY OF HEALTH AND HUMAN SERVICES THAT
PRESENT DEMONSTRABLE DIFFICULTIES FOR COMPOUNDING THAT ARE REASONABLY
LIKELY TO LEAD TO AN ADVERSE EFFECT ON THE SAFETY OR EFFECTIVENESS OF
THE DRUG OR CATEGORY OF DRUGS, TAKING INTO ACCOUNT THE RISKS AND BENE-
FITS TO PATIENTS; OR
B. THAT IS COMPOUNDED IN ACCORDANCE WITH ALL APPLICABLE CONDITIONS
IDENTIFIED ON THE DRUG LIST AS CONDITIONS THAT ARE NECESSARY TO PREVENT
THE DRUG OR CATEGORY OF DRUGS FROM PRESENTING DEMONSTRABLE DIFFICULTIES.
13. ADVERSE EVENT REPORTS. OUTSOURCING FACILITIES SHALL SUBMIT A COPY
OF ALL ADVERSE EVENT REPORTS SUBMITTED TO THE SECRETARY OF HEALTH AND
HUMAN SERVICES IN ACCORDANCE WITH THE CONTENT AND FORMAT REQUIREMENTS
ESTABLISHED IN SECTION 310.305 OF TITLE 21 OF THE CODE OF FEDERAL REGU-
LATIONS, OR ANY SUCCESSOR REGULATION, TO THE EXECUTIVE SECRETARY FOR THE
STATE BOARD OF PHARMACY.
14. REPORTS. THE COMMISSIONER SHALL PREPARE AND SUBMIT A REPORT TO THE
GOVERNOR AND THE LEGISLATURE, DUE EIGHTEEN MONTHS FROM THE EFFECTIVE
DATE OF THIS SECTION, EVALUATING THE EFFECTIVENESS OF THE REGISTRATION
AND OVERSIGHT OF OUTSOURCING FACILITIES RELATED TO COMPOUNDING.
S. 4007--A 363 A. 3007--A
§ 6832. LIMITATIONS ON ASSISTANCE OF AN UNLICENSED PERSON. 1. SUBJECT
TO THE LIMITATIONS SET FORTH IN SUBDIVISION TWO OF THIS SECTION, AN
UNLICENSED PERSON MAY ASSIST A LICENSED PHARMACIST IN THE DISPENSING OF
DRUGS BY:
A. RECEIVING WRITTEN OR ELECTRONICALLY TRANSMITTED PRESCRIPTIONS,
EXCEPT THAT IN THE CASE OF ELECTRONICALLY TRANSMITTED PRESCRIPTIONS THE
LICENSED PHARMACIST OR PHARMACY INTERN SHALL REVIEW THE PRESCRIPTION TO
DETERMINE WHETHER IN HIS OR HER PROFESSIONAL JUDGMENT IT SHALL BE
ACCEPTED BY THE PHARMACY, AND IF ACCEPTED, THE LICENSED PHARMACIST OR
PHARMACY INTERN SHALL ENTER HIS OR HER INITIALS INTO THE RECORDS OF THE
PHARMACY;
B. TYPING PRESCRIPTION LABELS;
C. KEYING PRESCRIPTION DATA FOR ENTRY INTO A COMPUTER-GENERATED FILE
OR RETRIEVING PRESCRIPTION DATA FROM THE FILE, PROVIDED THAT SUCH COMPU-
TER-GENERATED FILE SHALL PROVIDE FOR VERIFICATION OF ALL INFORMATION
NEEDED TO FILL THE PRESCRIPTION BY A LICENSED PHARMACIST PRIOR TO THE
DISPENSING OF THE PRESCRIPTION, MEANING THAT THE LICENSED PHARMACIST
SHALL REVIEW AND APPROVE SUCH INFORMATION AND ENTER HIS OR HER INITIALS
OR OTHER PERSONAL IDENTIFIER INTO THE RECORDKEEPING SYSTEM PRIOR TO THE
DISPENSING OF THE PRESCRIPTION OR OF THE PRESCRIPTION REFILL;
D. GETTING DRUGS FROM STOCK AND RETURNING THEM TO STOCK;
E. GETTING PRESCRIPTION FILES AND OTHER MANUAL RECORDS FROM STORAGE
AND LOCATING PRESCRIPTIONS;
F. COUNTING DOSAGE UNITS OF DRUGS;
G. PLACING DOSAGE UNITS OF DRUGS IN APPROPRIATE CONTAINERS;
H. AFFIXING THE PRESCRIPTION LABEL TO THE CONTAINERS;
I. PREPARING MANUAL RECORDS OF DISPENSING FOR THE SIGNATURE OR
INITIALS OF THE LICENSED PHARMACIST;
J. HANDING OR DELIVERING COMPLETED PRESCRIPTIONS TO THE PATIENT OR THE
PERSON AUTHORIZED TO ACT ON BEHALF OF THE PATIENT AND, IN ACCORDANCE
WITH THE RELEVANT COMMISSIONER'S REGULATIONS, ADVISING THE PATIENT OR
PERSON AUTHORIZED TO ACT ON BEHALF OF THE PATIENT OF THE AVAILABILITY OF
COUNSELING TO BE CONDUCTED BY THE LICENSED PHARMACIST OR PHARMACY
INTERN; AND
K. PERFORMING OTHER FUNCTIONS AS DEFINED BY THE COMMISSIONER'S REGU-
LATIONS.
2. EXCEPT FOR A LICENSED PHARMACIST EMPLOYED BY A FACILITY LICENSED IN
ACCORDANCE WITH ARTICLE TWENTY-EIGHT OF THIS CHAPTER OR A PHARMACY OWNED
AND OPERATED BY SUCH A FACILITY, NO LICENSED PHARMACIST SHALL OBTAIN THE
ASSISTANCE OF MORE THAN FOUR UNLICENSED PERSONS, IN THE PERFORMANCE OF
THE ACTIVITIES THAT DO NOT REQUIRE LICENSURE, THE TOTAL OF SUCH PERSONS
SHALL NOT EXCEED FOUR INDIVIDUALS AT ANY ONE TIME. PHARMACY INTERNS
SHALL BE EXEMPT FROM SUCH RATIOS, BUT SHALL BE SUPERVISED IN ACCORDANCE
WITH THE COMMISSIONER'S REGULATIONS. INDIVIDUALS WHO ARE RESPONSIBLE FOR
THE ACT OF PLACING DRUGS WHICH ARE IN UNIT-DOSE PACKAGING INTO MEDICA-
TION CARTS AS PART OF AN APPROVED UNIT-DOSE DRUG DISTRIBUTION SYSTEM FOR
PATIENTS IN INSTITUTIONAL SETTINGS SHALL BE EXEMPT FROM SUCH RATIO,
PROVIDED THAT SUCH INDIVIDUALS ARE NOT ALSO ENGAGED IN PERFORMING THE
ACTIVITIES SET FORTH IN PARAGRAPH B, C, D, E, F, G, H OR I OF SUBDIVI-
SION ONE OF THIS SECTION. THE LICENSED PHARMACIST SHALL PROVIDE THE
DEGREE OF SUPERVISION OF SUCH PERSONS AS MAY BE APPROPRIATE TO ENSURE
COMPLIANCE WITH THE RELEVANT PROVISIONS OF REGULATIONS OF THE COMMIS-
SIONER.
TITLE 11
REGISTERED PHARMACY TECHNICIANS
S. 4007--A 364 A. 3007--A
SECTION 6840. INTRODUCTION.
6841. DEFINITION OF THE PRACTICE OF REGISTERED PHARMACY TECHNI-
CIAN.
6842. DEFINITIONS.
6843. PRACTICE OF REGISTERED PHARMACY TECHNICIAN AND USE OF THE
TITLE "REGISTERED PHARMACY TECHNICIAN".
6844. REQUIREMENTS FOR LICENSURE AS A REGISTERED PHARMACY TECH-
NICIAN.
§ 6840. INTRODUCTION. THIS TITLE APPLIES TO THE PROFESSION OF REGIS-
TERED PHARMACY TECHNICIAN. THE GENERAL PROVISIONS FOR ALL PROFESSIONS
CONTAINED IN TITLE ONE OF THIS ARTICLE SHALL APPLY TO THIS TITLE.
§ 6841. DEFINITION OF THE PRACTICE OF REGISTERED PHARMACY TECHNICIAN.
1. A REGISTERED PHARMACY TECHNICIAN MAY, UNDER THE DIRECT PERSONAL
SUPERVISION OF A LICENSED PHARMACIST, ASSIST SUCH LICENSED PHARMACIST,
AS DIRECTED, IN COMPOUNDING, PREPARING, LABELING, OR DISPENSING OF DRUGS
USED TO FILL VALID PRESCRIPTIONS OR MEDICATION ORDERS OR IN COMPOUNDING,
PREPARING, AND LABELING IN ANTICIPATION OF A VALID PRESCRIPTION OR MEDI-
CATION ORDER FOR A PATIENT TO BE SERVED BY THE FACILITY, IN ACCORDANCE
WITH TITLE TEN OF THIS ARTICLE WHERE SUCH TASKS REQUIRE NO PROFESSIONAL
JUDGMENT. SUCH PROFESSIONAL JUDGMENT SHALL ONLY BE EXERCISED BY A
LICENSED PHARMACIST. A REGISTERED PHARMACY TECHNICIAN MAY ONLY PRACTICE
IN A FACILITY LICENSED IN ACCORDANCE WITH ARTICLE TWENTY-EIGHT OF THE
PUBLIC HEALTH LAW, OR A PHARMACY OWNED AND OPERATED BY SUCH A FACILITY,
UNDER THE DIRECT PERSONAL SUPERVISION OF A LICENSED PHARMACIST EMPLOYED
IN SUCH A FACILITY OR PHARMACY. SUCH FACILITY SHALL BE RESPONSIBLE FOR
ENSURING THAT THE REGISTERED PHARMACY TECHNICIAN HAS RECEIVED APPROPRI-
ATE TRAINING TO ENSURE COMPETENCE BEFORE HE OR SHE BEGINS ASSISTING A
LICENSED PHARMACIST IN COMPOUNDING, PREPARING, LABELING, OR DISPENSING
OF DRUGS, IN ACCORDANCE WITH THIS TITLE AND TITLE TEN OF THIS ARTICLE.
FOR THE PURPOSES OF THIS TITLE, DIRECT PERSONAL SUPERVISION MEANS SUPER-
VISION OF PROCEDURES BASED ON INSTRUCTIONS GIVEN DIRECTLY BY A SUPERVIS-
ING LICENSED PHARMACIST WHO REMAINS IN THE IMMEDIATE AREA WHERE THE
PROCEDURES ARE BEING PERFORMED, AUTHORIZES THE PROCEDURES AND EVALUATES
THE PROCEDURES PERFORMED BY THE REGISTERED PHARMACY TECHNICIANS AND A
SUPERVISING LICENSED PHARMACIST SHALL APPROVE ALL WORK PERFORMED BY THE
REGISTERED PHARMACY TECHNICIAN PRIOR TO THE ACTUAL DISPENSING OF ANY
DRUG.
2. IN ADDITION TO THE REGISTERED PHARMACY TECHNICIAN SERVICES INCLUDED
IN SUBDIVISION ONE OF THIS SECTION, REGISTERED PHARMACY TECHNICIANS MAY
ALSO ASSIST A LICENSED PHARMACIST IN THE DISPENSING OF DRUGS BY PERFORM-
ING THE FOLLOWING FUNCTIONS THAT DO NOT REQUIRE A LICENSE UNDER THIS
TITLE:
A. RECEIVING WRITTEN OR ELECTRONICALLY TRANSMITTED PRESCRIPTIONS,
EXCEPT THAT IN THE CASE OF ELECTRONICALLY TRANSMITTED PRESCRIPTIONS THE
LICENSED PHARMACIST OR PHARMACY INTERN SHALL REVIEW THE PRESCRIPTION TO
DETERMINE WHETHER IN HIS OR HER PROFESSIONAL JUDGMENT IT SHALL BE
ACCEPTED BY THE PHARMACY, AND IF ACCEPTED, THE LICENSED PHARMACIST OR
PHARMACY INTERN SHALL ENTER HIS OR HER INITIALS INTO THE RECORDS OF THE
PHARMACY;
B. TYPING PRESCRIPTION LABELS;
C. KEYING PRESCRIPTION DATA FOR ENTRY INTO A COMPUTER-GENERATED FILE
OR RETRIEVING PRESCRIPTION DATA FROM THE FILE, PROVIDED THAT SUCH COMPU-
TER-GENERATED FILE SHALL PROVIDE FOR VERIFICATION OF ALL INFORMATION
NEEDED TO FILL THE PRESCRIPTION BY A LICENSED PHARMACIST PRIOR TO THE
DISPENSING OF THE PRESCRIPTION, MEANING THAT THE LICENSED PHARMACIST
SHALL REVIEW AND APPROVE SUCH INFORMATION AND ENTER HIS OR HER INITIALS
S. 4007--A 365 A. 3007--A
OR OTHER PERSONAL IDENTIFIER INTO THE RECORDKEEPING SYSTEM PRIOR TO THE
DISPENSING OF THE PRESCRIPTION OR OF THE PRESCRIPTION REFILL;
D. GETTING DRUGS FROM STOCK AND RETURNING THEM TO STOCK;
E. GETTING PRESCRIPTION FILES AND OTHER MANUAL RECORDS FROM STORAGE
AND LOCATING PRESCRIPTIONS;
F. COUNTING DOSAGE UNITS OF DRUGS;
G. PLACING DOSAGE UNITS OF DRUGS IN APPROPRIATE CONTAINERS;
H. AFFIXING THE PRESCRIPTION LABEL TO THE CONTAINERS;
I. PREPARING MANUAL RECORDS OF DISPENSING FOR THE SIGNATURE OR
INITIALS OF THE LICENSED PHARMACIST;
J. HANDING OR DELIVERING COMPLETED PRESCRIPTIONS TO THE PATIENT OR THE
PERSON AUTHORIZED TO ACT ON BEHALF OF THE PATIENT AND, IN ACCORDANCE
WITH THE RELEVANT COMMISSIONER'S REGULATIONS, ADVISING THE PATIENT OR
PERSON AUTHORIZED TO ACT ON BEHALF OF THE PATIENT OF THE AVAILABILITY OF
COUNSELING TO BE CONDUCTED BY THE LICENSED PHARMACIST OR PHARMACY
INTERN; OR
K. PERFORMING OTHER FUNCTIONS AS DEFINED BY THE COMMISSIONER'S REGU-
LATIONS.
3. UNDER THE DIRECT PERSONAL SUPERVISION OF A LICENSED PHARMACIST,
UNLICENSED PERSONS WHO ARE NOT REGISTERED PHARMACY TECHNICIANS MAY
ASSIST LICENSED PHARMACISTS IN PERFORMING TASKS THAT DO NOT REQUIRE
LICENSURE IN ACCORDANCE WITH REGULATIONS PROMULGATED BY THE COMMISSIONER
AND ARE ALSO DESCRIBED IN SUBDIVISION TWO OF THIS SECTION. UNLICENSED
PERSONS WHO ARE NOT REGISTERED PHARMACY TECHNICIANS SHALL NOT ENGAGE IN
OR ASSIST IN COMPOUNDING.
4. NO LICENSED PHARMACIST SHALL OBTAIN THE ASSISTANCE OF MORE THAN TWO
REGISTERED PHARMACY TECHNICIANS IN THE PERFORMANCE OF LICENSED TASKS
WITHIN THEIR SCOPE OF PRACTICE OR FOUR UNLICENSED PERSONS, IN THE
PERFORMANCE OF THE ACTIVITIES THAT DO NOT REQUIRE LICENSURE, THE TOTAL
OF SUCH PERSONS SHALL NOT EXCEED FOUR INDIVIDUALS AT ANY ONE TIME. PHAR-
MACY INTERNS SHALL BE EXEMPT FROM SUCH RATIOS, BUT SHALL BE SUPERVISED
IN ACCORDANCE WITH COMMISSIONER'S REGULATIONS. INDIVIDUALS WHO ARE
RESPONSIBLE FOR THE ACT OF PLACING DRUGS WHICH ARE IN UNIT-DOSE PACKAG-
ING INTO MEDICATION CARTS AS PART OF AN APPROVED UNIT-DOSE DRUG DISTRIB-
UTION SYSTEM FOR PATIENTS IN INSTITUTIONAL SETTINGS SHALL BE EXEMPT FROM
SUCH RATIO, PROVIDED THAT SUCH INDIVIDUALS ARE NOT ALSO ENGAGED IN
PERFORMING THE ACTIVITIES SET FORTH IN SUBDIVISION ONE OR PARAGRAPH B,
C, D, E, F, G, H, OR I OF SUBDIVISION TWO OF THIS SECTION. THE LICENSED
PHARMACIST SHALL PROVIDE THE DEGREE OF SUPERVISION OF SUCH PERSONS AS
MAY BE APPROPRIATE TO ENSURE COMPLIANCE WITH THE RELEVANT PROVISIONS OF
REGULATIONS OF THE COMMISSIONER.
§ 6842. DEFINITIONS. AS USED IN THIS TITLE:
1. "LICENSED PHARMACIST" MEANS A PERSON LICENSED TO PRACTICE PHARMACY
PURSUANT TO TITLE TEN OF THIS ARTICLE.
2. "PHARMACY INTERN" MEANS A PERSON PRACTICING UNDER A LIMITED PERMIT
PURSUANT TO SECTION SIXTY-EIGHT HUNDRED SIX OF THIS ARTICLE.
3. "PROFESSIONAL JUDGMENT" MEANS PROFESSIONAL DECISION-MAKING BY A
LICENSED PHARMACIST, INCLUDING, BUT NOT LIMITED TO, SUCH ACTIVITIES AS:
A. INTERPRETING A PRESCRIPTION OR MEDICATION ORDER FOR THERAPEUTIC
ACCEPTABILITY AND APPROPRIATENESS OR ENGAGING IN THE CALCULATIONS BEHIND
ANY SUCH FORMULATIONS;
B. INTERPRETING AND EVALUATING A PRESCRIPTION OR MEDICATION ORDER FOR
CONFORMANCE WITH LEGAL REQUIREMENTS, AUTHENTICITY, ACCURACY AND INTER-
ACTION OF THE PRESCRIBED DRUG WITH OTHER KNOWN PRESCRIBED AND OVER-THE
-COUNTER DRUGS;
C. RECEIVING ORAL PRESCRIPTIONS FROM PRESCRIBERS; OR
S. 4007--A 366 A. 3007--A
D. COUNSELING PATIENTS.
4. "COMPOUNDING" MEANS THE COMBINING, ADMIXING, MIXING, DILUTING,
POOLING, RECONSTITUTING, OR OTHERWISE ALTERING OF A DRUG OR BULK DRUG
SUBSTANCE TO CREATE A DRUG.
5. "DRUGS", "PHARMACOPEIA", "LABELING" AND "STERILE DRUG" SHALL HAVE
THE SAME DEFINITIONS AS SET FORTH IN SECTION SIXTY-EIGHT HUNDRED TWO OF
THIS ARTICLE.
§ 6843. PRACTICE OF REGISTERED PHARMACY TECHNICIAN AND USE OF THE
TITLE "REGISTERED PHARMACY TECHNICIAN". ONLY A PERSON LICENSED TO PRAC-
TICE AS A REGISTERED PHARMACY TECHNICIAN UNDER THIS TITLE OR OTHERWISE
AUTHORIZED SHALL PRACTICE AS A REGISTERED PHARMACY TECHNICIAN OR USE THE
TITLE "REGISTERED PHARMACY TECHNICIAN."
§ 6844. REQUIREMENTS FOR LICENSURE AS A REGISTERED PHARMACY TECHNI-
CIAN. TO QUALIFY FOR LICENSURE AS A "REGISTERED PHARMACY TECHNICIAN", AN
APPLICANT SHALL FULFILL THE FOLLOWING REQUIREMENTS:
1. APPLICATION: FILE AN APPLICATION WITH THE DEPARTMENT;
2. EDUCATION: HAVE RECEIVED AN EDUCATION, INCLUDING HIGH SCHOOL GRADU-
ATION OR ITS EQUIVALENT, AS DETERMINED BY THE DEPARTMENT;
3. CERTIFICATION FROM A NATIONALLY ACCREDITED PHARMACY TECHNICIAN
CERTIFICATION PROGRAM ACCEPTABLE TO THE DEPARTMENT;
4. AGE: AT THE TIME OF APPLICATION BE AT LEAST EIGHTEEN YEARS OF AGE;
5. CHARACTER: BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE DEPART-
MENT; AND
6. FEE: PAY A FEE DETERMINED BY THE DEPARTMENT FOR INITIAL LICENSE AND
FOR EACH TRIENNIAL REGISTRATION PERIOD.
TITLE 12
NURSING
SECTION 6900. INTRODUCTION.
6901. DEFINITIONS.
6902. DEFINITION OF PRACTICE OF NURSING.
6903. PRACTICE OF NURSING AND USE OF TITLE "REGISTERED PROFES-
SIONAL NURSE" OR "LICENSED PRACTICAL NURSE".
6904. STATE BOARD FOR NURSING.
6905. REQUIREMENTS FOR A LICENSE AS A REGISTERED PROFESSIONAL
NURSE.
6906. REQUIREMENTS FOR A LICENSE AS A LICENSED PRACTICAL NURSE.
6907. LIMITED PERMITS.
6908. EXEMPT PERSONS.
6909. SPECIAL PROVISION.
6910. CERTIFICATES FOR NURSE PRACTITIONER PRACTICE.
6911. CERTIFICATION AS A CLINICAL NURSE SPECIALIST (CNS).
§ 6900. INTRODUCTION. THIS TITLE APPLIES TO THE PROFESSION OF NURSING.
THE GENERAL PROVISIONS FOR ALL PROFESSIONS CONTAINED IN TITLE ONE OF
THIS ARTICLE APPLY TO THIS TITLE.
§ 6901. DEFINITIONS. AS USED IN SECTION SIXTY-NINE HUNDRED TWO OF THIS
TITLE:
1. "DIAGNOSING" IN THE CONTEXT OF NURSING PRACTICE MEANS THAT IDEN-
TIFICATION OF AND DISCRIMINATION BETWEEN PHYSICAL AND PSYCHOSOCIAL SIGNS
AND SYMPTOMS ESSENTIAL TO EFFECTIVE EXECUTION AND MANAGEMENT OF THE
NURSING REGIMEN. SUCH DIAGNOSTIC PRIVILEGE IS DISTINCT FROM A MEDICAL
DIAGNOSIS.
2. "TREATING" MEANS SELECTION AND PERFORMANCE OF THOSE THERAPEUTIC
MEASURES ESSENTIAL TO THE EFFECTIVE EXECUTION AND MANAGEMENT OF THE
NURSING REGIMEN, AND EXECUTION OF ANY PRESCRIBED MEDICAL REGIMEN.
S. 4007--A 367 A. 3007--A
3. "HUMAN RESPONSES" MEANS THOSE SIGNS, SYMPTOMS AND PROCESSES WHICH
DENOTE THE INDIVIDUAL'S INTERACTION WITH AN ACTUAL OR POTENTIAL HEALTH
PROBLEM.
§ 6902. DEFINITION OF PRACTICE OF NURSING. 1. THE PRACTICE OF THE
PROFESSION OF NURSING AS A REGISTERED PROFESSIONAL NURSE IS DEFINED AS
DIAGNOSING AND TREATING HUMAN RESPONSES TO ACTUAL OR POTENTIAL HEALTH
PROBLEMS THROUGH SUCH SERVICES AS CASEFINDING, HEALTH TEACHING, HEALTH
COUNSELING, AND PROVISION OF CARE SUPPORTIVE TO OR RESTORATIVE OF LIFE
AND WELL-BEING, AND EXECUTING MEDICAL REGIMENS PRESCRIBED BY A LICENSED
PHYSICIAN, DENTIST OR OTHER LICENSED HEALTH CARE PROVIDER LEGALLY
AUTHORIZED UNDER THIS TITLE AND IN ACCORDANCE WITH THE COMMISSIONER'S
REGULATIONS. A NURSING REGIMEN SHALL BE CONSISTENT WITH AND SHALL NOT
VARY ANY EXISTING MEDICAL REGIMEN.
2. THE PRACTICE OF NURSING AS A LICENSED PRACTICAL NURSE IS DEFINED AS
PERFORMING TASKS AND RESPONSIBILITIES WITHIN THE FRAMEWORK OF CASEFIND-
ING, HEALTH TEACHING, HEALTH COUNSELING, AND PROVISION OF SUPPORTIVE AND
RESTORATIVE CARE UNDER THE DIRECTION OF A REGISTERED PROFESSIONAL NURSE
OR LICENSED PHYSICIAN, DENTIST OR OTHER LICENSED HEALTH CARE PROVIDER
LEGALLY AUTHORIZED UNDER THIS ARTICLE AND IN ACCORDANCE WITH THE COMMIS-
SIONER'S REGULATIONS.
3. A. (I) THE PRACTICE OF REGISTERED PROFESSIONAL NURSING BY A NURSE
PRACTITIONER, CERTIFIED UNDER SECTION SIX THOUSAND NINE HUNDRED TEN OF
THIS TITLE, MAY INCLUDE THE DIAGNOSIS OF ILLNESS AND PHYSICAL CONDITIONS
AND THE PERFORMANCE OF THERAPEUTIC AND CORRECTIVE MEASURES WITHIN A
SPECIALTY AREA OF PRACTICE, IN COLLABORATION WITH A LICENSED PHYSICIAN
QUALIFIED TO COLLABORATE IN THE SPECIALTY INVOLVED, PROVIDED SUCH
SERVICES ARE PERFORMED IN ACCORDANCE WITH A WRITTEN PRACTICE AGREEMENT
AND WRITTEN PRACTICE PROTOCOLS EXCEPT AS PERMITTED BY PARAGRAPH B OF
THIS SUBDIVISION. THE WRITTEN PRACTICE AGREEMENT SHALL INCLUDE EXPLICIT
PROVISIONS FOR THE RESOLUTION OF ANY DISAGREEMENT BETWEEN THE COLLAB-
ORATING PHYSICIAN AND THE NURSE PRACTITIONER REGARDING A MATTER OF DIAG-
NOSIS OR TREATMENT THAT IS WITHIN THE SCOPE OF PRACTICE OF BOTH. TO THE
EXTENT THE PRACTICE AGREEMENT DOES NOT SO PROVIDE, THEN THE COLLABORAT-
ING PHYSICIAN'S DIAGNOSIS OR TREATMENT SHALL PREVAIL.
(II) PRESCRIPTIONS FOR DRUGS, DEVICES AND IMMUNIZING AGENTS MAY BE
ISSUED BY A NURSE PRACTITIONER, UNDER THIS PARAGRAPH AND SECTION SIX
THOUSAND NINE HUNDRED TEN OF THIS TITLE, IN ACCORDANCE WITH THE PRACTICE
AGREEMENT AND PRACTICE PROTOCOLS EXCEPT AS PERMITTED BY PARAGRAPH B OF
THIS SUBDIVISION. THE NURSE PRACTITIONER SHALL OBTAIN A CERTIFICATE FROM
THE DEPARTMENT UPON SUCCESSFULLY COMPLETING A PROGRAM INCLUDING AN
APPROPRIATE PHARMACOLOGY COMPONENT, OR ITS EQUIVALENT, AS ESTABLISHED BY
THE COMMISSIONER'S REGULATIONS, PRIOR TO PRESCRIBING UNDER THIS PARA-
GRAPH. THE CERTIFICATE ISSUED UNDER SECTION SIX THOUSAND NINE HUNDRED
TEN OF THIS TITLE SHALL STATE WHETHER THE NURSE PRACTITIONER HAS
SUCCESSFULLY COMPLETED SUCH A PROGRAM OR EQUIVALENT AND IS AUTHORIZED TO
PRESCRIBE UNDER THIS PARAGRAPH.
(III) EACH PRACTICE AGREEMENT SHALL PROVIDE FOR PATIENT RECORDS REVIEW
BY THE COLLABORATING PHYSICIAN IN A TIMELY FASHION BUT IN NO EVENT LESS
OFTEN THAN EVERY THREE MONTHS. THE NAMES OF THE NURSE PRACTITIONER AND
THE COLLABORATING PHYSICIAN SHALL BE CLEARLY POSTED IN THE PRACTICE
SETTING OF THE NURSE PRACTITIONER.
(IV) THE PRACTICE PROTOCOL SHALL REFLECT CURRENT ACCEPTED MEDICAL AND
NURSING PRACTICE. THE PROTOCOLS SHALL BE FILED WITH THE DEPARTMENT WITH-
IN NINETY DAYS OF THE COMMENCEMENT OF THE PRACTICE AND MAY BE UPDATED
PERIODICALLY. THE COMMISSIONER SHALL MAKE REGULATIONS ESTABLISHING THE
S. 4007--A 368 A. 3007--A
PROCEDURE FOR THE REVIEW OF PROTOCOLS AND THE DISPOSITION OF ANY ISSUES
ARISING FROM SUCH REVIEW.
(V) NO PHYSICIAN SHALL ENTER INTO PRACTICE AGREEMENTS WITH MORE THAN
FOUR NURSE PRACTITIONERS WHO ARE NOT LOCATED ON THE SAME PHYSICAL PREM-
ISES AS THE COLLABORATING PHYSICIAN.
B. NOTWITHSTANDING SUBPARAGRAPH (I) OF PARAGRAPH A OF THIS SUBDIVI-
SION, A NURSE PRACTITIONER, CERTIFIED UNDER SECTION SIXTY-NINE HUNDRED
TEN OF THIS TITLE AND PRACTICING FOR MORE THAN THREE THOUSAND SIX
HUNDRED HOURS MAY COMPLY WITH THIS PARAGRAPH IN LIEU OF COMPLYING WITH
THE REQUIREMENTS OF PARAGRAPH A OF THIS SUBDIVISION RELATING TO COLLAB-
ORATION WITH A PHYSICIAN, A WRITTEN PRACTICE AGREEMENT AND WRITTEN PRAC-
TICE PROTOCOLS. A NURSE PRACTITIONER COMPLYING WITH THIS PARAGRAPH SHALL
HAVE COLLABORATIVE RELATIONSHIPS WITH ONE OR MORE LICENSED PHYSICIANS
QUALIFIED TO COLLABORATE IN THE SPECIALTY INVOLVED OR A HOSPITAL,
LICENSED UNDER ARTICLE TWENTY-EIGHT OF THIS CHAPTER, THAT PROVIDES
SERVICES THROUGH LICENSED PHYSICIANS QUALIFIED TO COLLABORATE IN THE
SPECIALTY INVOLVED AND HAVING PRIVILEGES AT SUCH INSTITUTION. AS
EVIDENCE THAT THE NURSE PRACTITIONER MAINTAINS COLLABORATIVE RELATION-
SHIPS, THE NURSE PRACTITIONER SHALL COMPLETE AND MAINTAIN A FORM,
CREATED BY THE DEPARTMENT, TO WHICH THE NURSE PRACTITIONER SHALL ATTEST,
THAT DESCRIBES SUCH COLLABORATIVE RELATIONSHIPS. FOR PURPOSES OF THIS
PARAGRAPH, "COLLABORATIVE RELATIONSHIPS" SHALL MEAN THAT THE NURSE PRAC-
TITIONER SHALL COMMUNICATE, WHETHER IN PERSON, BY TELEPHONE OR THROUGH
WRITTEN (INCLUDING ELECTRONIC) MEANS, WITH A LICENSED PHYSICIAN QUALI-
FIED TO COLLABORATE IN THE SPECIALTY INVOLVED OR, IN THE CASE OF A
HOSPITAL, COMMUNICATE WITH A LICENSED PHYSICIAN QUALIFIED TO COLLABORATE
IN THE SPECIALTY INVOLVED AND HAVING PRIVILEGES AT SUCH HOSPITAL, FOR
THE PURPOSES OF EXCHANGING INFORMATION, AS NEEDED, IN ORDER TO PROVIDE
COMPREHENSIVE PATIENT CARE AND TO MAKE REFERRALS AS NECESSARY. SUCH
FORM SHALL ALSO REFLECT THE NURSE PRACTITIONER'S ACKNOWLEDGEMENT THAT IF
REASONABLE EFFORTS TO RESOLVE ANY DISPUTE THAT MAY ARISE WITH THE
COLLABORATING PHYSICIAN OR, IN THE CASE OF A COLLABORATION WITH A HOSPI-
TAL, WITH A LICENSED PHYSICIAN QUALIFIED TO COLLABORATE IN THE SPECIALTY
INVOLVED AND HAVING PRIVILEGES AT SUCH HOSPITAL, ABOUT A PATIENT'S CARE
ARE NOT SUCCESSFUL, THE RECOMMENDATION OF THE PHYSICIAN SHALL PREVAIL.
SUCH FORM SHALL BE UPDATED AS NEEDED AND MAY BE SUBJECT TO REVIEW BY THE
DEPARTMENT. THE NURSE PRACTITIONER SHALL MAINTAIN DOCUMENTATION THAT
SUPPORTS SUCH COLLABORATIVE RELATIONSHIPS. FAILURE TO COMPLY WITH THE
REQUIREMENTS FOUND IN THIS PARAGRAPH BY A NURSE PRACTITIONER WHO IS NOT
COMPLYING WITH SUCH PROVISIONS OF PARAGRAPH A OF THIS SUBDIVISION, SHALL
BE SUBJECT TO PROFESSIONAL MISCONDUCT PROVISIONS AS SET FORTH IN TITLE
ONE OF THIS ARTICLE.
C. NOTHING IN THIS SUBDIVISION SHALL BE DEEMED TO LIMIT OR DIMINISH
THE PRACTICE OF THE PROFESSION OF NURSING AS A REGISTERED PROFESSIONAL
NURSE UNDER THIS TITLE OR ANY OTHER LAW, RULE, REGULATION OR CERTIF-
ICATION, NOR TO DENY ANY REGISTERED PROFESSIONAL NURSE THE RIGHT TO DO
ANY ACT OR ENGAGE IN ANY PRACTICE AUTHORIZED BY THIS TITLE OR ANY OTHER
LAW, RULE, REGULATION OR CERTIFICATION.
D. THE PROVISIONS OF THIS SUBDIVISION SHALL NOT APPLY TO ANY ACTIVITY
AUTHORIZED, PURSUANT TO STATUTE, RULE OR REGULATION, TO BE PERFORMED BY
A REGISTERED PROFESSIONAL NURSE IN A HOSPITAL AS DEFINED IN ARTICLE
TWENTY-EIGHT OF THIS CHAPTER.
§ 6903. PRACTICE OF NURSING AND USE OF TITLE "REGISTERED PROFESSIONAL
NURSE" OR "LICENSED PRACTICAL NURSE". ONLY A PERSON LICENSED OR OTHER-
WISE AUTHORIZED UNDER THIS TITLE SHALL PRACTICE NURSING AND ONLY A
PERSON LICENSED UNDER SECTION SIXTY-NINE HUNDRED FIVE OF THIS TITLE
S. 4007--A 369 A. 3007--A
SHALL USE THE TITLE "REGISTERED PROFESSIONAL NURSE" AND ONLY A PERSON
LICENSED UNDER SECTION SIXTY-NINE HUNDRED SIX OF THIS TITLE SHALL USE
THE TITLE "LICENSED PRACTICAL NURSE". NO PERSON SHALL USE THE TITLE
"NURSE" OR ANY OTHER TITLE OR ABBREVIATION THAT WOULD REPRESENT TO THE
PUBLIC THAT THE PERSON IS AUTHORIZED TO PRACTICE NURSING UNLESS THE
PERSON IS LICENSED OR OTHERWISE AUTHORIZED UNDER THIS TITLE.
§ 6904. STATE BOARD FOR NURSING. A STATE BOARD FOR NURSING SHALL BE
APPOINTED BY THE DEPARTMENT ON RECOMMENDATION OF THE COMMISSIONER FOR
THE PURPOSE OF ASSISTING THE DEPARTMENT ON MATTERS OF PROFESSIONAL
LICENSING AND PROFESSIONAL CONDUCT IN ACCORDANCE WITH SECTION SIXTY-FIVE
HUNDRED EIGHT OF THIS ARTICLE. THE BOARD SHALL BE COMPOSED OF NOT LESS
THAN FIFTEEN MEMBERS, ELEVEN OF WHOM SHALL BE REGISTERED PROFESSIONAL
NURSES AND FOUR OF WHOM SHALL BE LICENSED PRACTICAL NURSES ALL LICENSED
AND PRACTICING IN THIS STATE FOR AT LEAST FIVE YEARS. AN EXECUTIVE
SECRETARY TO THE BOARD SHALL BE APPOINTED BY THE DEPARTMENT ON RECOMMEN-
DATION OF THE COMMISSIONER AND SHALL BE A REGISTERED PROFESSIONAL NURSE
REGISTERED IN THIS STATE.
§ 6905. REQUIREMENTS FOR A LICENSE AS A REGISTERED PROFESSIONAL NURSE.
TO QUALIFY FOR A LICENSE AS A REGISTERED PROFESSIONAL NURSE, AN APPLI-
CANT SHALL FULFILL THE FOLLOWING REQUIREMENTS:
1. APPLICATION: FILE AN APPLICATION WITH THE DEPARTMENT;
2. EDUCATION: HAVE RECEIVED AN EDUCATION, AND A DIPLOMA OR DEGREE IN
PROFESSIONAL NURSING, IN ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS,
AND IN ORDER TO CONTINUE TO MAINTAIN REGISTRATION AS A REGISTERED
PROFESSIONAL NURSE IN NEW YORK STATE, HAVE ATTAINED A BACCALAUREATE
DEGREE OR HIGHER IN NURSING WITHIN TEN YEARS OF INITIAL LICENSURE IN
ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS. THE DEPARTMENT, IN ITS
DISCRETION, MAY ISSUE A CONDITIONAL REGISTRATION TO A LICENSEE WHO FAILS
TO COMPLETE THE BACCALAUREATE DEGREE BUT WHO AGREES TO MEET THE ADDI-
TIONAL REQUIREMENT WITHIN ONE YEAR. THE FEE FOR SUCH A CONDITIONAL
REGISTRATION SHALL BE THE SAME AS, AND IN ADDITION TO, THE FEE FOR THE
TRIENNIAL REGISTRATION. THE DURATION OF SUCH CONDITIONAL REGISTRATION
SHALL BE FOR ONE YEAR AND MAY BE EXTENDED, WITH THE PAYMENT OF A FEE,
FOR NO MORE THAN ONE ADDITIONAL YEAR, UNLESS THE APPLICANT CAN SHOW GOOD
CAUSE FOR NON-COMPLIANCE ACCEPTABLE TO THE DEPARTMENT. THE DEPARTMENT,
IN ITS DISCRETION, MAY ISSUE A TEMPORARY EDUCATIONAL EXEMPTION TO A
LICENSEE WHO IS UNABLE TO COMPLETE THE BACCALAUREATE DEGREE DUE TO A
LACK OF ACCESS TO EDUCATIONAL PROGRAMS. LICENSEES SEEKING A TEMPORARY
EDUCATIONAL EXEMPTION SHALL PROVIDE EVIDENCE OF APPLYING ON AT LEAST TWO
OCCASIONS TO A BACCALAUREATE DEGREE PROGRAM OR PROGRAMS AND SUBSEQUENTLY
BEING DENIED ACCESS TO SUCH PROGRAM OR PROGRAMS ON AT LEAST TWO OCCA-
SIONS DUE TO THERE BEING A LIMITED NUMBER OF SEATS. SUCH DENIALS SHALL
ALSO BE CORROBORATED BY THE HIGHER EDUCATION INSTITUTION OR INSTITUTIONS
THAT THE LICENSEE APPLIED TO. TEMPORARY EDUCATIONAL EXEMPTIONS ISSUED
PURSUANT TO THIS SUBDIVISION SHALL BE FOR A SINGLE TWO-YEAR PERIOD.
LICENSEES SHALL ONLY BE ELIGIBLE FOR EITHER A CONDITIONAL REGISTRATION
OR A TEMPORARY EDUCATIONAL EXEMPTION. THE FEE FOR SUCH A TEMPORARY
EDUCATIONAL EXEMPTION SHALL BE THE SAME AS, AND IN ADDITION TO, THE FEE
FOR THE TRIENNIAL REGISTRATION. ANY LICENSEE WHO IS NOTIFIED OF THE
DENIAL OF A REGISTRATION FOR FAILURE TO COMPLETE THE ADDITIONAL EDUCA-
TIONAL REQUIREMENTS AND WHO PRACTICES AS A REGISTERED PROFESSIONAL NURSE
WITHOUT SUCH REGISTRATION MAY BE SUBJECT TO DISCIPLINARY PROCEEDINGS
PURSUANT TO SECTION SIXTY-FIVE HUNDRED TEN OF THIS ARTICLE;
3. EXPERIENCE: MEET NO REQUIREMENT AS TO EXPERIENCE;
4. EXAMINATION: PASS AN EXAMINATION SATISFACTORY TO THE BOARD AND IN
ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS;
S. 4007--A 370 A. 3007--A
5. AGE: BE AT LEAST EIGHTEEN YEARS OF AGE;
6. CITIZENSHIP: MEET NO REQUIREMENT AS TO UNITED STATES CITIZENSHIP;
7. CHARACTER: BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE DEPART-
MENT; AND
8. FEES: PAY A FEE OF ONE HUNDRED FIFTEEN DOLLARS TO THE DEPARTMENT
FOR ADMISSION TO A DEPARTMENT CONDUCTED EXAMINATION AND FOR AN INITIAL
LICENSE, A FEE OF FORTY-FIVE DOLLARS FOR EACH REEXAMINATION, A FEE OF
SEVENTY DOLLARS FOR AN INITIAL LICENSE FOR PERSONS NOT REQUIRING ADMIS-
SION TO A DEPARTMENT CONDUCTED EXAMINATION, AND A FEE OF FIFTY DOLLARS
FOR EACH TRIENNIAL REGISTRATION PERIOD.
§ 6906. REQUIREMENTS FOR A LICENSE AS A LICENSED PRACTICAL NURSE. TO
QUALIFY FOR A LICENSE AS A LICENSED PRACTICAL NURSE, AN APPLICANT SHALL
FULFILL THESE REQUIREMENTS:
1. APPLICATION: FILE AN APPLICATION WITH THE DEPARTMENT;
2. EDUCATION: HAVE RECEIVED AN EDUCATION INCLUDING COMPLETION OF HIGH
SCHOOL OR ITS EQUIVALENT, AND HAVE COMPLETED A PROGRAM IN PRACTICAL
NURSING, IN ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS, OR
COMPLETION OF EQUIVALENT STUDY SATISFACTORY TO THE DEPARTMENT IN A
PROGRAM CONDUCTED BY THE ARMED FORCES OF THE UNITED STATES OR IN AN
APPROVED PROGRAM IN PROFESSIONAL NURSING;
3. EXPERIENCE: MEET NO REQUIREMENT AS TO EXPERIENCE;
4. EXAMINATION: PASS AN EXAMINATION SATISFACTORY TO THE BOARD AND IN
ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS, PROVIDED, HOWEVER, THAT
THE EDUCATIONAL REQUIREMENTS SET FORTH IN SUBDIVISION TWO OF THIS
SECTION ARE MET PRIOR TO ADMISSION FOR THE LICENSING EXAMINATION;
5. AGE: BE AT LEAST SEVENTEEN YEARS OF AGE;
6. CITIZENSHIP: MEET NO REQUIREMENTS AS TO UNITED STATES CITIZENSHIP;
7. CHARACTER: BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE DEPART-
MENT; AND
8. FEES: PAY A FEE OF ONE HUNDRED FIFTEEN DOLLARS TO THE DEPARTMENT
FOR ADMISSION TO A DEPARTMENT CONDUCTED EXAMINATION AND FOR AN INITIAL
LICENSE, A FEE OF FORTY-FIVE DOLLARS FOR EACH REEXAMINATION, A FEE OF
SEVENTY DOLLARS FOR AN INITIAL LICENSE FOR PERSONS NOT REQUIRING ADMIS-
SION TO A DEPARTMENT CONDUCTED EXAMINATION, AND A FEE OF FIFTY DOLLARS
FOR EACH TRIENNIAL REGISTRATION PERIOD.
9. IN CONJUNCTION WITH AND AS A CONDITION OF EACH TRIENNIAL REGISTRA-
TION, THE DEPARTMENT SHALL ASK AND A LICENSED PRACTICAL NURSE SHALL
INDICATE WHETHER THE LICENSED PRACTICAL NURSE IS OR HAS PREVIOUSLY BEEN
AUTHORIZED AS AN ADVANCED HOME HEALTH AIDE PURSUANT TO SUBDIVISION TWO
OF SECTION SIXTY-NINE HUNDRED EIGHT OF THIS TITLE. THE DEPARTMENT SHALL
INCLUDE SUCH INFORMATION IN REPORTS RELATED TO ADVANCED HOME HEALTH
AIDES.
§ 6907. LIMITED PERMITS. 1. A PERMIT TO PRACTICE AS A REGISTERED
PROFESSIONAL NURSE OR A PERMIT TO PRACTICE AS A LICENSED PRACTICAL NURSE
MAY BE ISSUED BY THE DEPARTMENT UPON THE FILING OF AN APPLICATION FOR A
LICENSE AS A REGISTERED PROFESSIONAL NURSE OR AS A LICENSED PRACTICAL
NURSE AND SUBMISSION OF SUCH OTHER INFORMATION AS THE DEPARTMENT MAY
REQUIRE TO:
A. GRADUATES OF SCHOOLS OF NURSING REGISTERED BY THE DEPARTMENT;
B. GRADUATES OF SCHOOLS OF NURSING APPROVED IN ANOTHER STATE, PROV-
INCE, OR COUNTRY; OR
C. APPLICANTS FOR A LICENSE IN PRACTICAL NURSING WHOSE PREPARATION IS
DETERMINED BY THE DEPARTMENT TO BE THE EQUIVALENT OF THAT REQUIRED IN
THIS STATE.
2. SUCH LIMITED PERMIT SHALL EXPIRE ONE YEAR FROM THE DATE OF ISSUANCE
OR UPON NOTICE TO THE APPLICANT BY THE DEPARTMENT THAT THE APPLICATION
S. 4007--A 371 A. 3007--A
FOR LICENSE HAS BEEN DENIED, OR TEN DAYS AFTER NOTIFICATION TO THE
APPLICANT OF FAILURE ON THE PROFESSIONAL LICENSING EXAMINATION, WHICHEV-
ER SHALL FIRST OCCUR. NOTWITHSTANDING THE FOREGOING PROVISIONS OF THIS
SUBDIVISION, IF THE APPLICANT IS WAITING THE RESULT OF A LICENSING EXAM-
INATION AT THE TIME SUCH LIMITED PERMIT EXPIRES, SUCH PERMIT SHALL
CONTINUE TO BE VALID UNTIL TEN DAYS AFTER NOTIFICATION TO THE APPLICANT
OF THE RESULTS OF SUCH EXAMINATION.
3. A LIMITED PERMIT SHALL ENTITLE THE HOLDER TO PRACTICE NURSING ONLY
UNDER THE SUPERVISION OF A NURSE CURRENTLY REGISTERED IN THIS STATE AND
WITH THE ENDORSEMENT OF THE EMPLOYING AGENCY.
4. FEES. THE FEE FOR EACH LIMITED PERMIT SHALL BE THIRTY-FIVE DOLLARS.
5. GRADUATES OF SCHOOLS OF NURSING REGISTERED BY THE DEPARTMENT MAY BE
EMPLOYED TO PRACTICE NURSING UNDER SUPERVISION OF A PROFESSIONAL NURSE
CURRENTLY REGISTERED IN THIS STATE AND WITH THE ENDORSEMENT OF THE
EMPLOYING AGENCY FOR NINETY DAYS IMMEDIATELY FOLLOWING GRADUATION FROM A
PROGRAM IN NURSING AND PENDING RECEIPT OF A LIMITED PERMIT FOR WHICH AN
APPLICATION HAS BEEN FILED AS PROVIDED IN THIS SECTION.
§ 6908. EXEMPT PERSONS. 1. THIS TITLE SHALL NOT BE CONSTRUED:
A. AS PROHIBITING (I) 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 NURS-
ING UNDER THE PROVISION OF THIS TITLE; PROVIDED THAT IF SUCH PERSON IS
REMUNERATED, THE PERSON DOES NOT HOLD HIMSELF OR HERSELF OUT AS ONE WHO
ACCEPTS EMPLOYMENT FOR PERFORMING SUCH CARE; OR THE ADMINISTRATION OF
MEDICATIONS OR TREATMENT BY CHILD DAY CARE PROVIDERS OR EMPLOYEES OR
CAREGIVERS OF CHILD DAY CARE PROGRAMS WHERE SUCH PROVIDERS, EMPLOYEES OR
CAREGIVERS ARE ACTING UNDER THE DIRECTION AND AUTHORITY OF A PARENT OF A
CHILD, LEGAL GUARDIAN, LEGAL CUSTODIAN, OR AN ADULT IN WHOSE CARE A
CHILD HAS BEEN ENTRUSTED AND WHO HAS BEEN AUTHORIZED BY THE PARENT TO
CONSENT TO ANY HEALTH CARE FOR THE CHILD AND IN COMPLIANCE WITH THE
REGULATIONS OF THE OFFICE OF CHILDREN AND FAMILY SERVICES PERTAINING TO
THE ADMINISTRATION OF MEDICATIONS AND TREATMENT; OR
(II) ANY PERSON FROM THE DOMESTIC ADMINISTRATION OF FAMILY REMEDIES;
OR
(III) THE PROVIDING OF CARE BY A PERSON ACTING IN THE PLACE OF A
PERSON EXEMPT UNDER SUBPARAGRAPH (I) OF THIS PARAGRAPH, BUT WHO DOES
HOLD HIMSELF OR HERSELF OUT AS ONE WHO ACCEPTS EMPLOYMENT FOR PERFORMING
SUCH CARE, WHERE NURSING SERVICES ARE UNDER THE INSTRUCTION OF A
LICENSED NURSE, OR UNDER THE INSTRUCTION OF A PATIENT OR FAMILY OR
HOUSEHOLD MEMBER DETERMINED BY A REGISTERED PROFESSIONAL NURSE TO BE
SELF-DIRECTING AND CAPABLE OF PROVIDING SUCH INSTRUCTION, AND SERVICES
ARE PROVIDED UNDER SECTION THREE HUNDRED SIXTY-FIVE-F OF THE SOCIAL
SERVICES LAW; OR
(IV) THE FURNISHING OF NURSING ASSISTANCE IN CASE OF AN EMERGENCY; OR
(V) TASKS PROVIDED BY A DIRECT SUPPORT STAFF IN PROGRAMS CERTIFIED OR
APPROVED BY THE OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES, WHEN
PERFORMED UNDER THE SUPERVISION OF A REGISTERED PROFESSIONAL NURSE AND
PURSUANT TO A MEMORANDUM OF UNDERSTANDING BETWEEN THE OFFICE FOR PEOPLE
WITH DEVELOPMENTAL DISABILITIES AND THE DEPARTMENT, IN ACCORDANCE WITH
AND PURSUANT TO AN AUTHORIZED PRACTITIONER'S ORDERED CARE, PROVIDED
THAT: (1) A REGISTERED PROFESSIONAL NURSE DETERMINES, IN HIS OR HER
PROFESSIONAL JUDGMENT, WHICH TASKS ARE TO BE PERFORMED BASED UPON THE
COMPLEXITY OF THE TASKS, THE SKILL AND EXPERIENCE OF THE DIRECT SUPPORT
STAFF, AND THE HEALTH STATUS OF THE INDIVIDUAL BEING CARED FOR; (2) ONLY
A DIRECT SUPPORT STAFF WHO HAS COMPLETED TRAINING AS REQUIRED BY THE
S. 4007--A 372 A. 3007--A
COMMISSIONER OF THE OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES
MAY PERFORM TASKS PURSUANT TO THIS SUBPARAGRAPH; (3) APPROPRIATE PROTO-
COLS SHALL BE ESTABLISHED TO ENSURE SAFE ADMINISTRATION OF MEDICATIONS;
(4) A DIRECT SUPPORT STAFF SHALL NOT ASSESS THE MEDICATION NEEDS OF AN
INDIVIDUAL; (5) ADEQUATE NURSING SUPERVISION IS PROVIDED, INCLUDING
TRAINING AND PERIODIC INSPECTION OF PERFORMANCE OF THE TASKS. THE AMOUNT
AND TYPE OF NURSING SUPERVISION SHALL BE DETERMINED BY THE REGISTERED
PROFESSIONAL NURSE RESPONSIBLE FOR SUPERVISING SUCH TASK BASED UPON THE
COMPLEXITY OF THE TASKS, THE SKILL AND EXPERIENCE OF THE DIRECT SUPPORT
STAFF, AND THE HEALTH STATUS OF THE INDIVIDUAL BEING CARED FOR; (6) A
DIRECT SUPPORT STAFF SHALL NOT BE AUTHORIZED TO PERFORM ANY TASKS OR
ACTIVITIES PURSUANT TO THIS SUBPARAGRAPH THAT ARE OUTSIDE THE SCOPE OF
PRACTICE OF A LICENSED PRACTICAL NURSE; (7) A DIRECT SUPPORT STAFF SHALL
NOT REPRESENT HIMSELF OR HERSELF, OR ACCEPT EMPLOYMENT, AS A PERSON
LICENSED TO PRACTICE NURSING UNDER THE PROVISIONS OF THIS TITLE; (8)
DIRECT SUPPORT STAFF PROVIDING MEDICATION ADMINISTRATION, TUBE FEEDING,
OR DIABETIC CARE SHALL BE SEPARATELY CERTIFIED, AND SHALL BE RECERTIFIED
ON AN ANNUAL BASIS; (9) THE REGISTERED PROFESSIONAL NURSE SHALL ENSURE
THAT THERE IS A CONSUMER SPECIFIC MEDICATION SHEET FOR EACH MEDICATION
THAT IS ADMINISTERED; AND (10) APPROPRIATE STAFFING RATIOS SHALL BE
DETERMINED BY THE OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES AND
THE DEPARTMENT TO ENSURE ADEQUATE NURSING SUPERVISION. NO DIRECT SUPPORT
STAFF SHALL PERFORM TASKS UNDER THIS SUBPARAGRAPH UNTIL THE OFFICE FOR
PEOPLE WITH DEVELOPMENTAL DISABILITIES AND THE DEPARTMENT HAVE ENTERED
INTO A MEMORANDUM OF UNDERSTANDING TO EFFECTUATE THE PROVISIONS OF THIS
SUBPARAGRAPH. THE OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES
SHALL COMPLETE A CRIMINAL BACKGROUND CHECK PURSUANT TO SECTION 16.33 OF
THE MENTAL HYGIENE LAW AND AN AGENCY BACKGROUND CHECK PURSUANT TO
SECTION 16.34 OF THE MENTAL HYGIENE LAW ON THE DIRECT SUPPORT STAFF
PRIOR TO THE COMMENCEMENT OF ANY PROVISION OF SERVICE PROVIDED UNDER
THIS SUBPARAGRAPH IF SUCH DIRECT SUPPORT STAFF IS A NEW HIRE. INDIVID-
UALS PROVIDING SUPERVISION OR DIRECT SUPPORT TASKS PURSUANT TO THIS
SUBPARAGRAPH SHALL HAVE PROTECTION PURSUANT TO SECTIONS SEVEN HUNDRED
FORTY AND SEVEN HUNDRED FORTY-ONE OF THE LABOR LAW, WHERE APPLICABLE;
B. AS INCLUDING SERVICES GIVEN BY ATTENDANTS IN INSTITUTIONS UNDER THE
JURISDICTION OF OR SUBJECT TO THE VISITATION OF THE STATE DEPARTMENT OF
MENTAL HYGIENE IF ADEQUATE MEDICAL AND NURSING SUPERVISION IS PROVIDED;
C. AS PROHIBITING SUCH PERFORMANCE OF NURSING SERVICE BY STUDENTS
ENROLLED IN REGISTERED SCHOOLS OR PROGRAMS AS MAY BE INCIDENTAL TO THEIR
COURSE OF STUDY;
D. AS PROHIBITING OR PREVENTING THE PRACTICE OF NURSING IN THIS STATE
BY ANY LEGALLY QUALIFIED NURSE OR PRACTICAL NURSE OF ANOTHER STATE,
PROVINCE, OR COUNTRY WHOSE ENGAGEMENT REQUIRES HIM OR HER TO ACCOMPANY
AND CARE FOR A PATIENT TEMPORARILY RESIDING IN THIS STATE DURING THE
PERIOD OF SUCH ENGAGEMENT PROVIDED SUCH PERSON DOES NOT REPRESENT OR
HOLD HIMSELF OR HERSELF OUT AS A NURSE OR PRACTICAL NURSE REGISTERED TO
PRACTICE IN THIS STATE;
E. AS PROHIBITING OR PREVENTING THE PRACTICE OF NURSING IN THIS STATE
DURING AN EMERGENCY OR DISASTER BY ANY LEGALLY QUALIFIED NURSE OR PRAC-
TICAL NURSE OF ANOTHER STATE, PROVINCE, OR COUNTRY WHO MAY BE RECRUITED
BY THE AMERICAN NATIONAL RED CROSS OR PURSUANT TO AUTHORITY VESTED IN
THE STATE CIVIL DEFENSE COMMISSION FOR SUCH EMERGENCY OR DISASTER
SERVICE, PROVIDED SUCH PERSON DOES NOT REPRESENT OR HOLD HIMSELF OR
HERSELF OUT AS A NURSE OR PRACTICAL NURSE REGISTERED TO PRACTICE IN THIS
STATE;
S. 4007--A 373 A. 3007--A
F. AS PROHIBITING OR PREVENTING THE PRACTICE OF NURSING IN THIS STATE,
IN OBEDIENCE TO THE REQUIREMENTS OF THE LAWS OF THE UNITED STATES, BY
ANY COMMISSIONED NURSE OFFICER IN THE ARMED FORCES OF THE UNITED STATES
OR BY ANY NURSE EMPLOYED IN THE UNITED STATES VETERANS ADMINISTRATION OR
UNITED STATES PUBLIC HEALTH SERVICE WHILE ENGAGED IN THE PERFORMANCE OF
THE ACTUAL DUTIES PRESCRIBED FOR HIM OR HER UNDER THE UNITED STATES
STATUTES, PROVIDED SUCH PERSON DOES NOT REPRESENT OR HOLD HIMSELF OR
HERSELF OUT AS A NURSE REGISTERED TO PRACTICE IN THIS STATE;
G. AS PROHIBITING THE CARE OF THE SICK WHEN DONE IN CONNECTION WITH
THE PRACTICE OF THE RELIGIOUS TENETS OF ANY CHURCH; OR
H. AS PROHIBITING THE PROVISION OF PSYCHOTHERAPY AS DEFINED IN SUBDI-
VISION TWO OF SECTION EIGHTY-FOUR HUNDRED ONE OF THIS ARTICLE TO THE
EXTENT PERMISSIBLE WITHIN THE SCOPE OF PRACTICE OF NURSING AS DEFINED IN
THIS TITLE, BY ANY NOT-FOR-PROFIT CORPORATION OR EDUCATION CORPORATION
PROVIDING SERVICES WITHIN THE STATE AND OPERATING UNDER A WAIVER PURSU-
ANT TO SECTION SIXTY-FIVE HUNDRED THREE-A OF THIS ARTICLE, PROVIDED THAT
SUCH ENTITIES OFFERING SUCH PSYCHOTHERAPY SERVICES SHALL ONLY PROVIDE
SUCH SERVICES THROUGH AN INDIVIDUAL APPROPRIATELY LICENSED OR OTHERWISE
AUTHORIZED TO PROVIDE SUCH SERVICES OR A PROFESSIONAL ENTITY AUTHORIZED
BY LAW TO PROVIDE SUCH SERVICES.
2. THIS TITLE SHALL NOT BE CONSTRUED AS PROHIBITING ADVANCED TASKS
PROVIDED BY AN ADVANCED HOME HEALTH AIDE IN ACCORDANCE WITH REGULATIONS
DEVELOPED BY THE COMMISSIONER, IN CONSULTATION WITH THE COMMISSIONER OF
HEALTH. AT A MINIMUM, SUCH REGULATIONS SHALL:
A. SPECIFY THE ADVANCED TASKS THAT MAY BE PERFORMED BY ADVANCED HOME
HEALTH AIDES PURSUANT TO THIS SUBDIVISION. SUCH TASKS SHALL INCLUDE THE
ADMINISTRATION OF MEDICATIONS WHICH ARE ROUTINE AND PREFILLED OR OTHER-
WISE PACKAGED IN A MANNER THAT PROMOTES RELATIVE EASE OF ADMINISTRATION,
PROVIDED THAT ADMINISTRATION OF MEDICATIONS BY INJECTION, STERILE PROCE-
DURES, AND CENTRAL LINE MAINTENANCE SHALL BE PROHIBITED. PROVIDED,
HOWEVER, SUCH PROHIBITION SHALL NOT APPLY TO INJECTIONS OF INSULIN OR
OTHER INJECTIONS FOR DIABETES CARE, TO INJECTIONS OF LOW MOLECULAR
WEIGHT HEPARIN, AND TO PRE-FILLED AUTO-INJECTIONS OF NALOXONE AND
EPINEPHRINE FOR EMERGENCY PURPOSES, AND PROVIDED, FURTHER, THAT ENTITIES
EMPLOYING ADVANCED HOME HEALTH AIDES PURSUANT TO THIS SUBDIVISION SHALL
ESTABLISH A SYSTEMATIC APPROACH TO ADDRESS DRUG DIVERSION;
B. PROVIDE THAT ADVANCED TASKS PERFORMED BY ADVANCED HOME HEALTH AIDES
MAY BE PERFORMED ONLY UNDER THE DIRECT SUPERVISION OF A REGISTERED
PROFESSIONAL NURSE LICENSED IN NEW YORK STATE, AS SET FORTH IN THIS
SUBDIVISION AND SUBDIVISION EIGHT OF SECTION SIXTY-NINE HUNDRED NINE OF
THIS TITLE, WHERE SUCH NURSE IS EMPLOYED BY A HOME CARE SERVICES AGENCY
LICENSED OR CERTIFIED PURSUANT TO ARTICLE THIRTY-SIX OF THIS CHAPTER, A
HOSPICE PROGRAM CERTIFIED PURSUANT TO ARTICLE FORTY OF THIS CHAPTER, OR
AN ENHANCED ASSISTED LIVING RESIDENCE LICENSED PURSUANT TO ARTICLE SEVEN
OF THE SOCIAL SERVICES LAW AND CERTIFIED PURSUANT TO ARTICLE FORTY-SIX-B
OF THIS CHAPTER. SUCH NURSING SUPERVISION SHALL:
(I) INCLUDE TRAINING AND PERIODIC ASSESSMENT OF THE PERFORMANCE OF
ADVANCED TASKS;
(II) BE DETERMINED BY THE REGISTERED PROFESSIONAL NURSE RESPONSIBLE
FOR SUPERVISING SUCH ADVANCED TASKS BASED UPON THE COMPLEXITY OF SUCH
ADVANCED TASKS, THE SKILL AND EXPERIENCE OF THE ADVANCED HOME HEALTH
AIDE, AND THE HEALTH STATUS OF THE INDIVIDUAL FOR WHOM SUCH ADVANCED
TASKS ARE BEING PERFORMED;
(III) INCLUDE A COMPREHENSIVE INITIAL AND THEREAFTER REGULAR AND ONGO-
ING ASSESSMENT OF THE INDIVIDUAL'S NEEDS;
S. 4007--A 374 A. 3007--A
(IV) INCLUDE AS A REQUIREMENT THAT THE SUPERVISING REGISTERED PROFES-
SIONAL NURSE SHALL VISIT INDIVIDUALS RECEIVING SERVICES FOR THE PURPOSE
OF SUPERVISING THE SERVICES PROVIDED BY ADVANCED HOME HEALTH AIDES NO
LESS THAN ONCE EVERY TWO WEEKS AND INCLUDE AS A REQUIREMENT THAT A
REGISTERED PROFESSIONAL NURSE SHALL BE AVAILABLE BY TELEPHONE TO THE
ADVANCED HOME HEALTH AIDE TWENTY-FOUR HOURS A DAY, SEVEN DAYS A WEEK,
PROVIDED THAT A REGISTERED PROFESSIONAL NURSE SHALL BE AVAILABLE TO
VISIT AN INDIVIDUAL RECEIVING SERVICES AS NECESSARY TO PROTECT THE
HEALTH AND SAFETY OF SUCH INDIVIDUAL; AND
(V) AS SHALL BE SPECIFIED BY THE COMMISSIONER, BE PROVIDED IN A MANNER
THAT TAKES INTO ACCOUNT INDIVIDUAL CARE NEEDS, CASE MIX COMPLEXITY AND
GEOGRAPHIC CONSIDERATIONS AND PROVIDE THAT THE NUMBER OF INDIVIDUALS
SERVED BY A SUPERVISING REGISTERED PROFESSIONAL NURSE IS REASONABLE AND
PRUDENT.
C. ESTABLISH A PROCESS BY WHICH A REGISTERED PROFESSIONAL NURSE MAY
ASSIGN ADVANCED TASKS TO AN ADVANCED HOME HEALTH AIDE. SUCH PROCESS
SHALL INCLUDE, BUT NOT BE LIMITED TO:
(I) ALLOWING ASSIGNMENT OF ADVANCED TASKS TO AN ADVANCED HOME HEALTH
AIDE ONLY WHERE SUCH ADVANCED HOME HEALTH AIDE HAS DEMONSTRATED TO THE
SATISFACTION OF THE SUPERVISING REGISTERED PROFESSIONAL NURSE COMPETENCY
IN EVERY ADVANCED TASK THAT SUCH ADVANCED HOME HEALTH AIDE IS AUTHORIZED
TO PERFORM, A WILLINGNESS TO PERFORM SUCH ADVANCED TASKS, AND THE ABILI-
TY TO EFFECTIVELY AND EFFICIENTLY COMMUNICATE WITH THE INDIVIDUAL
RECEIVING SERVICES AND UNDERSTAND SUCH INDIVIDUAL'S NEEDS;
(II) PROHIBITING ASSIGNMENT OF ADVANCED TASKS TO AN ADVANCED HOME
HEALTH AIDE IF THE INDIVIDUAL RECEIVING SERVICES DECLINES TO BE SERVED
BY AN ADVANCED HOME HEALTH AIDE;
(III) AUTHORIZING THE SUPERVISING REGISTERED PROFESSIONAL NURSE TO
REVOKE ANY ASSIGNED ADVANCED TASK FROM AN ADVANCED HOME HEALTH AIDE FOR
ANY REASON; AND
(IV) AUTHORIZING MULTIPLE REGISTERED PROFESSIONAL NURSES TO JOINTLY
AGREE TO ASSIGN ADVANCED TASKS TO AN ADVANCED HOME HEALTH AIDE, PROVIDED
FURTHER THAT ONLY ONE REGISTERED PROFESSIONAL NURSE SHALL BE REQUIRED TO
DETERMINE IF THE ADVANCED HOME HEALTH AIDE HAS DEMONSTRATED COMPETENCY
IN THE ADVANCED TASK TO BE PERFORMED;
D. PROVIDE THAT ADVANCED TASKS MAY BE PERFORMED ONLY IN ACCORDANCE
WITH AND PURSUANT TO AN AUTHORIZED HEALTH PRACTITIONER'S ORDERED CARE;
E. PROVIDE THAT ONLY A CERTIFIED HOME HEALTH AIDE MAY PERFORM ADVANCED
TASKS AS AN ADVANCED HOME HEALTH AIDE WHEN SUCH AIDE HAS:
(I) AT LEAST ONE YEAR OF EXPERIENCE PROVIDING EITHER HOME HEALTH OR
PERSONAL CARE SERVICES, OR A COMBINATION OF THE SAME;
(II) COMPLETED THE REQUISITE TRAINING AND DEMONSTRATED COMPETENCIES OF
AN ADVANCED HOME HEALTH AIDE AS DETERMINED BY THE COMMISSIONER;
(III) SUCCESSFULLY COMPLETED COMPETENCY EXAMINATIONS SATISFACTORY TO
THE COMMISSIONER; AND
(IV) MEETS OTHER APPROPRIATE QUALIFICATIONS AS DETERMINED BY THE
COMMISSIONER IN CONSULTATION WITH THE COMMISSIONER OF HEALTH;
F. PROVIDE THAT ONLY AN INDIVIDUAL WHO IS LISTED IN THE HOME CARE
SERVICES REGISTRY MAINTAINED BY THE DEPARTMENT PURSUANT TO SECTION THIR-
TY-SIX HUNDRED THIRTEEN OF THIS CHAPTER AS HAVING SATISFIED ALL APPLICA-
BLE TRAINING REQUIREMENTS AND HAVING PASSED THE APPLICABLE COMPETENCY
EXAMINATIONS AND WHO MEETS OTHER REQUIREMENTS AS SET FORTH IN REGU-
LATIONS ISSUED BY THE COMMISSIONER PURSUANT TO SUBDIVISION SEVENTEEN OF
SECTION THIRTY-SIX HUNDRED TWO OF THIS CHAPTER MAY PERFORM ADVANCED
TASKS PURSUANT TO THIS SUBDIVISION AND MAY HOLD HIMSELF OR HERSELF OUT
AS AN ADVANCED HOME HEALTH AIDE;
S. 4007--A 375 A. 3007--A
G. ESTABLISH MINIMUM STANDARDS OF TRAINING FOR THE PERFORMANCE OF
ADVANCED TASKS BY ADVANCED HOME HEALTH AIDES, INCLUDING DIDACTIC TRAIN-
ING, CLINICAL TRAINING, AND A SUPERVISED CLINICAL PRACTICUM WITH STAND-
ARDS SET FORTH BY THE COMMISSIONER;
H. PROVIDE THAT ADVANCED HOME HEALTH AIDES SHALL RECEIVE CASE-SPECIFIC
TRAINING ON THE ADVANCED TASKS TO BE ASSIGNED BY THE SUPERVISING NURSE,
PROVIDED THAT ADDITIONAL TRAINING SHALL TAKE PLACE WHENEVER ADDITIONAL
ADVANCED TASKS ARE ASSIGNED;
I. PROHIBIT AN ADVANCED HOME HEALTH AIDE FROM HOLDING HIMSELF OR
HERSELF OUT, OR ACCEPTING EMPLOYMENT AS, A PERSON LICENSED TO PRACTICE
NURSING UNDER THE PROVISIONS OF THIS TITLE;
J. PROVIDE THAT AN ADVANCED HOME HEALTH AIDE IS NOT REQUIRED NOR
PERMITTED TO ASSESS THE MEDICATION OR MEDICAL NEEDS OF AN INDIVIDUAL;
K. PROVIDE THAT AN ADVANCED HOME HEALTH AIDE SHALL NOT BE AUTHORIZED
TO PERFORM ANY ADVANCED TASKS OR ACTIVITIES PURSUANT TO THIS SUBDIVISION
THAT ARE OUTSIDE THE SCOPE OF PRACTICE OF A LICENSED PRACTICAL NURSE OR
ANY ADVANCED TASKS THAT HAVE NOT BEEN APPROPRIATELY ASSIGNED BY THE
SUPERVISING REGISTERED PROFESSIONAL NURSE;
L. PROVIDE THAT AN ADVANCED HOME HEALTH AIDE SHALL DOCUMENT ALL
ADVANCED TASKS PROVIDED TO AN INDIVIDUAL, INCLUDING MEDICATION ADMINIS-
TRATION TO EACH INDIVIDUAL THROUGH THE USE OF A MEDICATION ADMINIS-
TRATION RECORD; AND
M. PROVIDE THAT THE SUPERVISING REGISTERED PROFESSIONAL NURSE SHALL
RETAIN THE DISCRETION TO DECIDE WHETHER TO ASSIGN ADVANCED TASKS TO
ADVANCED HOME HEALTH AIDES UNDER THIS PROGRAM AND SHALL NOT BE SUBJECT
TO COERCION, RETALIATION, OR THE THREAT OF RETALIATION; IN DEVELOPING
SUCH REGULATIONS, THE COMMISSIONER SHALL TAKE INTO ACCOUNT THE RECOMMEN-
DATIONS OF A WORKGROUP OF STAKEHOLDERS CONVENED BY THE COMMISSIONER FOR
THE PURPOSE OF PROVIDING GUIDANCE ON THE FOREGOING.
§ 6909. SPECIAL PROVISION. 1. NOTWITHSTANDING ANY INCONSISTENT
PROVISION OF ANY GENERAL, SPECIAL, OR LOCAL LAW, ANY LICENSED REGISTERED
PROFESSIONAL NURSE OR LICENSED PRACTICAL NURSE WHO VOLUNTARILY AND WITH-
OUT THE EXPECTATION OF MONETARY COMPENSATION RENDERS FIRST AID OR EMER-
GENCY TREATMENT AT THE SCENE OF AN ACCIDENT OR OTHER EMERGENCY, OUTSIDE
A HOSPITAL, DOCTOR'S OFFICE OR ANY OTHER PLACE HAVING PROPER AND NECES-
SARY MEDICAL EQUIPMENT, TO A PERSON WHO IS UNCONSCIOUS, ILL OR INJURED
SHALL NOT BE LIABLE FOR DAMAGES FOR INJURIES ALLEGED TO HAVE BEEN
SUSTAINED BY SUCH PERSON OR FOR DAMAGES FOR THE DEATH OF SUCH PERSON
ALLEGED TO HAVE OCCURRED BY REASON OF AN ACT OR OMISSION IN THE RENDER-
ING OF SUCH FIRST AID OR EMERGENCY TREATMENT UNLESS IT IS ESTABLISHED
THAT SUCH INJURIES WERE OR SUCH DEATH WAS CAUSED BY GROSS NEGLIGENCE ON
THE PART OF SUCH REGISTERED PROFESSIONAL NURSE OR LICENSED PRACTICAL
NURSE. NOTHING IN THIS SUBDIVISION SHALL BE DEEMED OR CONSTRUED TO
RELIEVE A LICENSED REGISTERED PROFESSIONAL NURSE OR LICENSED PRACTICAL
NURSE FROM LIABILITY FOR DAMAGES FOR INJURIES OR DEATH CAUSED BY AN ACT
OR OMISSION ON THE PART OF SUCH NURSE WHILE RENDERING PROFESSIONAL
SERVICES IN THE NORMAL AND ORDINARY COURSE OF HER PRACTICE.
2. NOTHING IN THIS TITLE SHALL BE CONSTRUED TO CONFER THE AUTHORITY TO
PRACTICE MEDICINE OR DENTISTRY.
3. AN APPLICANT FOR A LICENSE AS A REGISTERED PROFESSIONAL NURSE OR
LICENSED PRACTICAL NURSE BY ENDORSEMENT OF A LICENSE OF ANOTHER STATE,
PROVINCE OR COUNTRY WHOSE APPLICATION WAS FILED WITH THE DEPARTMENT
UNDER THE LAWS IN EFFECT PRIOR TO AUGUST THIRTY-FIRST, NINETEEN HUNDRED
SEVENTY-ONE SHALL BE LICENSED ONLY UPON SUCCESSFUL COMPLETION OF THE
APPROPRIATE LICENSING EXAMINATION UNLESS SATISFACTORY EVIDENCE OF THE
S. 4007--A 376 A. 3007--A
COMPLETION OF ALL EDUCATIONAL REQUIREMENTS IS SUBMITTED TO THE DEPART-
MENT PRIOR TO SEPTEMBER ONE, NINETEEN HUNDRED SEVENTY-SEVEN.
4. A CERTIFIED NURSE PRACTITIONER MAY PRESCRIBE AND ORDER A NON-PA-
TIENT SPECIFIC REGIMEN TO A REGISTERED PROFESSIONAL NURSE, PURSUANT TO
REGULATIONS PROMULGATED BY THE COMMISSIONER, CONSISTENT WITH SUBDIVISION
THREE OF SECTION SIX THOUSAND NINE HUNDRED TWO OF THIS TITLE, AND
CONSISTENT WITH THIS CHAPTER, FOR:
A. ADMINISTERING IMMUNIZATIONS;
B. THE EMERGENCY TREATMENT OF ANAPHYLAXIS;
C. ADMINISTERING PURIFIED PROTEIN DERIVATIVE (PPD) TESTS OR OTHER
TESTS TO DETECT OR SCREEN FOR TUBERCULOSIS INFECTIONS;
D. ADMINISTERING TESTS TO DETERMINE THE PRESENCE OF THE HUMAN IMMUNO-
DEFICIENCY VIRUS;
E. ADMINISTERING TESTS TO DETERMINE THE PRESENCE OF THE HEPATITIS C
VIRUS;
F. THE URGENT OR EMERGENCY TREATMENT OF OPIOID RELATED OVERDOSE OR
SUSPECTED OPIOID RELATED OVERDOSE; OR
G. SCREENING OF PERSONS AT INCREASED RISK FOR SYPHILIS, GONORRHEA AND
CHLAMYDIA.
5. A REGISTERED PROFESSIONAL NURSE MAY EXECUTE A NON-PATIENT SPECIFIC
REGIMEN PRESCRIBED OR ORDERED BY A LICENSED PHYSICIAN OR CERTIFIED NURSE
PRACTITIONER, PURSUANT TO REGULATIONS PROMULGATED BY THE COMMISSIONER.
6. A REGISTERED PROFESSIONAL NURSE DEFINED UNDER SUBDIVISION ONE OF
SECTION SIXTY-NINE HUNDRED TWO OF THIS TITLE MAY USE ACCEPTED CLASSI-
FICATIONS OF SIGNS, SYMPTOMS, DYSFUNCTIONS AND DISORDERS, INCLUDING, BUT
NOT LIMITED TO, CLASSIFICATIONS USED IN THE PRACTICE SETTING FOR THE
PURPOSE OF PROVIDING MENTAL HEALTH SERVICES.
7. A CERTIFIED NURSE PRACTITIONER MAY PRESCRIBE AND ORDER A PATIENT
SPECIFIC ORDER OR NON-PATIENT SPECIFIC REGIMEN TO A LICENSED PHARMACIST,
PURSUANT TO REGULATIONS PROMULGATED BY THE COMMISSIONER, AND CONSISTENT
WITH THIS CHAPTER, FOR:
A. ADMINISTERING IMMUNIZATIONS TO PREVENT INFLUENZA TO PATIENTS TWO
YEARS OF AGE OR OLDER;
B. ADMINISTERING IMMUNIZATIONS TO PREVENT PNEUMOCOCCAL, ACUTE HERPES
ZOSTER, HEPATITIS A, HEPATITIS B, HUMAN PAPILLOMAVIRUS, MEASLES, MUMPS,
RUBELLA, VARICELLA, COVID-19, MENINGOCOCCAL, TETANUS, DIPHTHERIA OR
PERTUSSIS DISEASE AND MEDICATIONS REQUIRED FOR EMERGENCY TREATMENT OF
ANAPHYLAXIS TO PATIENTS EIGHTEEN YEARS OF AGE OR OLDER; AND
C. ADMINISTERING OTHER IMMUNIZATIONS RECOMMENDED BY THE ADVISORY
COMMITTEE ON IMMUNIZATION PRACTICES OF THE CENTERS FOR DISEASE CONTROL
AND PREVENTION FOR PATIENTS EIGHTEEN YEARS OF AGE OR OLDER IF THE
COMMISSIONER DETERMINES THAT AN IMMUNIZATION: (I) (1) MAY BE SAFELY
ADMINISTERED BY A LICENSED PHARMACIST WITHIN THEIR LAWFUL SCOPE OF PRAC-
TICE; AND (2) IS NEEDED TO PREVENT THE TRANSMISSION OF A REPORTABLE
COMMUNICABLE DISEASE THAT IS PREVALENT IN NEW YORK STATE; OR (II) IS A
RECOMMENDED IMMUNIZATION FOR SUCH PATIENTS WHO: (1) MEET AGE REQUIRE-
MENTS, (2) LACK DOCUMENTATION OF SUCH IMMUNIZATION, (3) LACK EVIDENCE OF
PAST INFECTION, OR (4) HAVE AN ADDITIONAL RISK FACTOR OR ANOTHER INDI-
CATION AS RECOMMENDED BY THE ADVISORY COMMITTEE ON IMMUNIZATION PRAC-
TICES OF THE CENTERS FOR DISEASE CONTROL AND PREVENTION. NOTHING IN THIS
SUBDIVISION SHALL AUTHORIZE UNLICENSED PERSONS TO ADMINISTER IMMUNIZA-
TIONS, VACCINES OR OTHER DRUGS.
8. A REGISTERED PROFESSIONAL NURSE, WHILE WORKING FOR A HOME CARE
SERVICES AGENCY LICENSED OR CERTIFIED PURSUANT TO ARTICLE THIRTY-SIX OF
THIS CHAPTER, A HOSPICE PROGRAM CERTIFIED PURSUANT TO ARTICLE FORTY OF
THIS CHAPTER, OR AN ENHANCED ASSISTED LIVING RESIDENCE LICENSED PURSUANT
S. 4007--A 377 A. 3007--A
TO ARTICLE SEVEN OF THE SOCIAL SERVICES LAW AND CERTIFIED PURSUANT TO
ARTICLE FORTY-SIX-B OF THIS CHAPTER MAY, IN ACCORDANCE WITH THIS SUBDI-
VISION, ASSIGN ADVANCED HOME HEALTH AIDES TO PERFORM ADVANCED TASKS FOR
INDIVIDUALS PURSUANT TO THE PROVISIONS OF SUBDIVISION TWO OF SECTION
SIXTY-NINE HUNDRED EIGHT OF THIS TITLE AND SUPERVISE ADVANCED HOME
HEALTH AIDES WHO PERFORM ASSIGNED ADVANCED TASKS.
A. PRIOR TO ASSIGNING OR MODIFYING AN ASSIGNMENT TO PERFORM AN
ADVANCED TASK, THE REGISTERED PROFESSIONAL NURSE SHALL:
(I) COMPLETE A NURSING ASSESSMENT TO ASCERTAIN THE CLIENT'S CURRENT
HEALTH STATUS AND CARE NEEDS; AND
(II) PROVIDE TO THE ADVANCED HOME HEALTH AIDE WRITTEN, INDIVIDUAL-SPE-
CIFIC INSTRUCTIONS FOR PERFORMING THE ADVANCED TASK AND CRITERIA FOR
IDENTIFYING, REPORTING AND RESPONDING TO PROBLEMS OR COMPLICATIONS.
B. THE REGISTERED PROFESSIONAL NURSE SHALL NOT ASSIGN AN ADVANCED TASK
UNLESS:
(I) THE ADVANCED TASK TO BE ASSIGNED IS CONSISTENT WITH AN AUTHORIZED
HEALTH PRACTITIONER'S ORDERED CARE;
(II) THE REGISTERED PROFESSIONAL NURSE PROVIDES CASE SPECIFIC TRAINING
TO THE ADVANCED HOME HEALTH AIDE AND PERSONALLY VERIFIES THAT THE
ADVANCED HOME HEALTH AIDE CAN SAFELY AND COMPETENTLY PERFORM THE
ADVANCED TASK;
(III) THE REGISTERED PROFESSIONAL NURSE DETERMINES THAT THE ADVANCED
HOME HEALTH AIDE IS WILLING TO PERFORM SUCH ADVANCED TASK; AND
(IV) THE REGISTERED PROFESSIONAL NURSE DETERMINES THAT THE ADVANCED
HOME HEALTH AIDE IS ABLE TO EFFECTIVELY AND EFFICIENTLY COMMUNICATE WITH
THE INDIVIDUAL RECEIVING SERVICES AND UNDERSTAND SUCH INDIVIDUAL'S
NEEDS.
C. THE SUPERVISING REGISTERED PROFESSIONAL NURSE SHALL:
(I) VISIT INDIVIDUALS RECEIVING SERVICES FOR THE PURPOSE OF SUPERVIS-
ING THE SERVICES PROVIDED BY ADVANCED HOME HEALTH AIDES NO LESS THAN
ONCE EVERY TWO WEEKS; AND
(II) CONDUCT REGULAR AND ONGOING ASSESSMENT OF THE INDIVIDUAL'S NEEDS.
9. A CERTIFIED NURSE PRACTITIONER MAY PRESCRIBE AND ORDER A PATIENT
SPECIFIC ORDER OR NON-PATIENT SPECIFIC ORDER TO A LICENSED PHARMACIST,
PURSUANT TO REGULATIONS PROMULGATED BY THE COMMISSIONER OF HEALTH, AND
CONSISTENT WITH THIS CHAPTER, FOR DISPENSING UP TO A SEVEN DAY STARTER
PACK OF HIV POST-EXPOSURE PROPHYLAXIS FOR THE PURPOSE OF PREVENTING
HUMAN IMMUNODEFICIENCY VIRUS INFECTION FOLLOWING A POTENTIAL HUMAN IMMU-
NODEFICIENCY VIRUS EXPOSURE.
10. A REGISTERED PROFESSIONAL NURSE MAY EXECUTE A STANDING ORDER FOR
NEWBORN CARE IN A HOSPITAL ESTABLISHED UNDER SECTION TWENTY-EIGHT
HUNDRED THREE-V OF THIS CHAPTER, AS PROVIDED IN THAT SECTION. THE
COMMISSIONER MAY MAKE REGULATIONS RELATING TO IMPLEMENTATION OF THIS
SUBDIVISION.
11. A CERTIFIED NURSE PRACTITIONER MAY PRESCRIBE AND ORDER A NON-PA-
TIENT-SPECIFIC REGIMEN TO A LICENSED PHARMACIST, FOR INSULIN AND RELATED
SUPPLIES PURSUANT TO SECTION SIXTY-EIGHT HUNDRED ONE OF THIS ARTICLE.
§ 6910. CERTIFICATES FOR NURSE PRACTITIONER PRACTICE. 1. FOR ISSUANCE
OF A CERTIFICATE TO PRACTICE AS A NURSE PRACTITIONER UNDER SUBDIVISION
THREE OF SECTION SIX THOUSAND NINE HUNDRED TWO OF THIS TITLE, THE APPLI-
CANT SHALL FULFILL THE FOLLOWING REQUIREMENTS:
A. APPLICATION: FILE AN APPLICATION WITH THE DEPARTMENT;
B. LICENSE: BE LICENSED AS A REGISTERED PROFESSIONAL NURSE IN THE
STATE;
C. EDUCATION: (I) HAVE SATISFACTORILY COMPLETED EDUCATIONAL PREPARA-
TION FOR PROVISION OF THESE SERVICES IN A PROGRAM REGISTERED BY THE
S. 4007--A 378 A. 3007--A
DEPARTMENT OR IN A PROGRAM DETERMINED BY THE DEPARTMENT TO BE THE EQUIV-
ALENT; OR
(II) SUBMIT EVIDENCE OF CURRENT CERTIFICATION BY A NATIONAL CERTIFYING
BODY, RECOGNIZED BY THE DEPARTMENT; OR
(III) MEET SUCH ALTERNATIVE CRITERIA AS ESTABLISHED BY THE COMMISSION-
ER'S REGULATIONS;
D. FEES: PAY A FEE TO THE DEPARTMENT OF FIFTY DOLLARS FOR EACH INITIAL
CERTIFICATE AUTHORIZING NURSE PRACTITIONER PRACTICE IN A SPECIALTY AREA
AND A TRIENNIAL REGISTRATION FEE OF THIRTY DOLLARS. REGISTRATION UNDER
THIS SECTION SHALL BE COTERMINOUS WITH THE NURSE PRACTITIONER'S REGIS-
TRATION AS A PROFESSIONAL NURSE.
2. ONLY A PERSON CERTIFIED UNDER THIS SECTION SHALL USE THE TITLE
"NURSE PRACTITIONER".
3. THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO ANY ACT OR PRAC-
TICE AUTHORIZED BY ANY OTHER LAW, RULE, REGULATION OR CERTIFICATION.
4. THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO ANY ACTIVITY
AUTHORIZED, PURSUANT TO STATUTE, RULE OR REGULATION, TO BE PERFORMED BY
A REGISTERED PROFESSIONAL NURSE IN A HOSPITAL AS DEFINED IN ARTICLE
TWENTY-EIGHT OF THIS CHAPTER.
5. THE COMMISSIONER IS AUTHORIZED TO PROMULGATE REGULATIONS TO IMPLE-
MENT THE PROVISIONS OF THIS SECTION.
§ 6911. CERTIFICATION AS A CLINICAL NURSE SPECIALIST (CNS). 1. FOR
ISSUANCE OF A CERTIFICATE TO PRACTICE AS A CLINICAL NURSE SPECIALIST
UNDER SECTION SIX THOUSAND NINE HUNDRED TWO OF THIS TITLE, THE APPLICANT
SHALL FULFILL THE FOLLOWING REQUIREMENTS:
A. FILE AN APPLICATION WITH THE DEPARTMENT;
B. BE LICENSED AS A REGISTERED PROFESSIONAL NURSE IN THIS STATE;
C. (I) HAVE SATISFACTORILY COMPLETED AN EDUCATIONAL PROGRAM REGISTERED
BY THE DEPARTMENT INCLUDING A MASTER'S OR DOCTORAL DEGREE, OR A POST-
MASTER'S CERTIFICATE FROM A PROGRAM ACCEPTABLE TO THE DEPARTMENT WHICH
PREPARES GRADUATES TO PRACTICE AS CNSS AND WHICH IS ACCREDITED BY A
NATIONAL NURSING ACCREDITED BODY ACCEPTABLE TO THE DEPARTMENT, AND (II)
MEETS ALL OTHER REQUIREMENTS ESTABLISHED BY THE DEPARTMENT TO PRACTICE
AS A CLINICAL NURSE SPECIALIST, OR (III) HAVE RECEIVED EDUCATIONAL PREP-
ARATION DETERMINED BY THE DEPARTMENT TO BE THE SUBSTANTIAL EQUIVALENT OF
SUBPARAGRAPHS (I) AND (II) OF THIS PARAGRAPH; AND
D. PAY A FEE TO THE DEPARTMENT OF FIFTY DOLLARS FOR EACH INITIAL
CERTIFICATE AUTHORIZING CLINICAL NURSE SPECIALIST PRACTICE AND A TRIEN-
NIAL REGISTRATION FEE OF THIRTY DOLLARS. REGISTRATION UNDER THIS
SECTION SHALL BE COTERMINOUS WITH THE CLINICAL NURSE SPECIALIST'S REGIS-
TRATION AS A PROFESSIONAL NURSE.
2. ONLY A PERSON CERTIFIED UNDER THIS SECTION SHALL USE THE TITLE
"CLINICAL NURSE SPECIALIST" OR THE DESIGNATION "CNS".
TITLE 13
PROFESSIONAL MIDWIFERY PRACTICE ACT
SECTION 6950. INTRODUCTION.
6951. DEFINITION OF PRACTICE OF MIDWIFERY.
6952. PRACTICE OF MIDWIFERY.
6953. USE OF TITLE "MIDWIFE".
6954. STATE BOARD OF MIDWIFERY.
6955. REQUIREMENTS FOR A PROFESSIONAL LICENSE.
6956. PRIOR NURSE-MIDWIFERY CERTIFICATION.
6957. EXEMPT PERSONS.
6958. LIMITED PERMIT.
S. 4007--A 379 A. 3007--A
§ 6950. INTRODUCTION. THIS TITLE APPLIES TO THE PROFESSION OF MIDWIF-
ERY. THE GENERAL PROVISIONS FOR ALL PROFESSIONS CONTAINED IN TITLE ONE
OF THIS ARTICLE APPLY TO THIS TITLE.
§ 6951. DEFINITION OF PRACTICE OF MIDWIFERY. 1. THE PRACTICE OF THE
PROFESSION OF MIDWIFERY IS DEFINED AS THE MANAGEMENT OF NORMAL PREGNAN-
CIES, CHILD BIRTH AND POSTPARTUM CARE AS WELL AS PRIMARY PREVENTIVE
REPRODUCTIVE HEALTH CARE OF ESSENTIALLY HEALTHY WOMEN, AND SHALL INCLUDE
NEWBORN EVALUATION, RESUSCITATION AND REFERRAL FOR INFANTS. A MIDWIFE
SHALL HAVE COLLABORATIVE RELATIONSHIPS WITH (I) A LICENSED PHYSICIAN WHO
IS BOARD CERTIFIED AS AN OBSTETRICIAN-GYNECOLOGIST BY A NATIONAL CERTI-
FYING BODY, OR (II) A LICENSED PHYSICIAN WHO PRACTICES OBSTETRICS AND
HAS OBSTETRIC PRIVILEGES AT A GENERAL HOSPITAL LICENSED UNDER ARTICLE
TWENTY-EIGHT OF THIS CHAPTER, OR (III) A HOSPITAL, LICENSED UNDER ARTI-
CLE TWENTY-EIGHT OF THIS CHAPTER, THAT PROVIDES OBSTETRICS THROUGH A
LICENSED PHYSICIAN HAVING OBSTETRICAL PRIVILEGES AT SUCH INSTITUTION,
THAT PROVIDE FOR CONSULTATION, COLLABORATIVE MANAGEMENT AND REFERRAL TO
ADDRESS THE HEALTH STATUS AND RISKS OF HIS OR HER PATIENTS AND THAT
INCLUDE PLANS FOR EMERGENCY MEDICAL GYNECOLOGICAL AND/OR OBSTETRICAL
COVERAGE. A MIDWIFE SHALL MAINTAIN DOCUMENTATION OF SUCH COLLABORATIVE
RELATIONSHIPS AND SHALL MAKE INFORMATION ABOUT SUCH COLLABORATIVE
RELATIONSHIPS AVAILABLE TO HIS OR HER PATIENTS. FAILURE TO COMPLY WITH
THE REQUIREMENTS FOUND IN THIS SUBDIVISION SHALL BE SUBJECT TO PROFES-
SIONAL MISCONDUCT PROVISIONS AS SET FORTH IN TITLE ONE OF THIS ARTICLE.
2. A LICENSED MIDWIFE SHALL HAVE THE AUTHORITY, AS NECESSARY, AND
LIMITED TO THE PRACTICE OF MIDWIFERY, TO PRESCRIBE AND ADMINISTER DRUGS,
IMMUNIZING AGENTS, DIAGNOSTIC TESTS AND DEVICES, AND TO ORDER LABORATORY
TESTS, AS ESTABLISHED BY THE BOARD IN ACCORDANCE WITH THE COMMISSIONER'S
REGULATIONS. A MIDWIFE SHALL OBTAIN A CERTIFICATE FROM THE DEPARTMENT
UPON SUCCESSFULLY COMPLETING A PROGRAM INCLUDING A PHARMACOLOGY COMPO-
NENT, OR ITS EQUIVALENT, AS ESTABLISHED BY THE COMMISSIONER'S REGU-
LATIONS PRIOR TO PRESCRIBING UNDER THIS SECTION.
3. ANY REFERENCE TO MIDWIFERY, MIDWIFE, CERTIFIED NURSE-MIDWIFERY OR
CERTIFIED NURSE-MIDWIFE, NURSE-MIDWIFERY OR NURSE-MIDWIFE UNDER THE
PROVISIONS OF THIS TITLE, THIS CHAPTER OR ANY OTHER LAW, SHALL REFER TO
AND INCLUDE THE PROFESSION OF MIDWIFERY AND A LICENSED MIDWIFE, UNLESS
THE CONTEXT CLEARLY REQUIRES OTHERWISE.
§ 6952. PRACTICE OF MIDWIFERY. ONLY A PERSON LICENSED OR EXEMPT UNDER
THIS TITLE OR AUTHORIZED BY ANY OTHER SECTION OF LAW SHALL PRACTICE
MIDWIFERY.
§ 6953. USE OF TITLE "MIDWIFE". ONLY A PERSON LICENSED OR EXEMPT UNDER
THIS TITLE SHALL USE THE TITLE "MIDWIFE". ONLY A PERSON LICENSED UNDER
BOTH THIS TITLE AND TITLE TWELVE OF THIS ARTICLE MAY USE THE TITLE
"NURSE-MIDWIFE".
§ 6954. STATE BOARD OF MIDWIFERY. 1. THE STATE BOARD OF MIDWIFERY
SHALL BE APPOINTED BY THE DEPARTMENT ON RECOMMENDATION OF THE COMMIS-
SIONER FOR THE PURPOSE OF ASSISTING THE DEPARTMENT ON MATTERS OF PROFES-
SIONAL LICENSING AND PROFESSIONAL CONDUCT IN ACCORDANCE WITH SECTION
SIXTY-FIVE HUNDRED EIGHT OF THIS ARTICLE. THE BOARD SHALL BE COMPOSED OF
THIRTEEN INDIVIDUALS. INITIAL APPOINTMENTS TO THE BOARD SHALL BE SUCH
THAT THE TERMS SHALL BE STAGGERED. HOWEVER, NO MEMBERS SHALL SERVE MORE
THAN TWO TERMS.
2. A. (I) SEVEN MEMBERS OF THE BOARD SHALL BE PERSONS LICENSED OR
EXEMPT UNDER THIS SECTION.
(II) ONE MEMBER OF THE BOARD SHALL BE AN EDUCATOR OF MIDWIFERY.
S. 4007--A 380 A. 3007--A
B. TWO MEMBERS OF THE BOARD SHALL BE INDIVIDUALS WHO ARE LICENSED
PHYSICIANS WHO ARE ALSO CERTIFIED AS OBSTETRICIAN/GYNECOLOGISTS BY A
NATIONAL CERTIFYING BODY.
C. ONE MEMBER OF THE BOARD SHALL BE AN INDIVIDUAL LICENSED AS A PHYSI-
CIAN WHO PRACTICES FAMILY MEDICINE INCLUDING OBSTETRICS.
D. ONE MEMBER OF THE BOARD SHALL BE AN INDIVIDUAL LICENSED AS A PHYSI-
CIAN WHO PRACTICES PEDIATRICS.
E. ONE MEMBER OF THE BOARD SHALL BE AN INDIVIDUAL NOT POSSESSING
EITHER LICENSURE OR TRAINING IN MEDICINE, MIDWIFERY, PHARMACOLOGY OR
NURSING AND SHALL REPRESENT THE PUBLIC AT LARGE.
3. FOR PURPOSES OF THIS TITLE, "BOARD" MEANS THE STATE BOARD OF
MIDWIFERY CREATED UNDER THIS SECTION UNLESS THE CONTEXT CLEARLY INDI-
CATES OTHERWISE.
§ 6955. REQUIREMENTS FOR A PROFESSIONAL LICENSE. TO QUALIFY FOR A
LICENSE AS A MIDWIFE, AN APPLICANT SHALL FULFILL THE FOLLOWING REQUIRE-
MENTS:
1. APPLICATION: FILE AN APPLICATION WITH THE DEPARTMENT.
2. EDUCATION: SATISFACTORILY;
A. COMPLETE EDUCATIONAL PREPARATION (DEGREE OR DIPLOMA GRANTING) FOR
THE PRACTICE OF NURSING, FOLLOWED BY OR CONCURRENTLY WITH EDUCATIONAL
PREPARATION FOR THE PRACTICE OF MIDWIFERY IN ACCORDANCE WITH THE COMMIS-
SIONER'S REGULATIONS, OR
B. SUBMIT EVIDENCE OF LICENSE OR CERTIFICATION, THE EDUCATIONAL PREPA-
RATION FOR WHICH IS DETERMINED BY THE DEPARTMENT TO BE EQUIVALENT TO THE
FOREGOING, FROM ANY STATE OR COUNTRY, SATISFACTORY TO THE DEPARTMENT AND
IN ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS, OR
C. COMPLETE A PROGRAM DETERMINED BY THE DEPARTMENT TO BE EQUIVALENT TO
THE FOREGOING AND IN ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS.
3. EXAMINATION: PASS AN EXAMINATION SATISFACTORY TO THE DEPARTMENT AND
IN ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS.
4. AGE: BE AT LEAST TWENTY-ONE YEARS OF AGE.
5. CHARACTER: BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE DEPART-
MENT.
6. CITIZENSHIP OR IMMIGRATION STATUS: BE A UNITED STATES CITIZEN OR AN
ALIEN LAWFULLY ADMITTED FOR PERMANENT RESIDENCE IN THE UNITED STATES.
7. FEE: PAY A FEE OF ONE HUNDRED NINETY DOLLARS TO THE DEPARTMENT FOR
ADMISSION TO A DEPARTMENT CONDUCTED EXAMINATION FOR AN INITIAL LICENSE,
A FEE OF ONE HUNDRED DOLLARS FOR EACH RE-EXAMINATION, A FEE OF ONE
HUNDRED FIFTEEN DOLLARS FOR AN INITIAL LICENSE FOR PERSONS NOT REQUIRING
ADMISSION TO A DEPARTMENT CONDUCTED EXAMINATION, A FEE OF ONE HUNDRED
EIGHTY DOLLARS FOR EACH TRIENNIAL REGISTRATION PERIOD AND A FEE OF
SEVENTY DOLLARS FOR A LIMITED PERMIT.
§ 6956. PRIOR NURSE-MIDWIFERY CERTIFICATION. ANY INDIVIDUAL WHO IS
CERTIFIED AS A NURSE-MIDWIFE SHALL NOT PRACTICE PURSUANT TO THIS TITLE
UNTIL AFTER RECEIVING APPROVAL FROM THE COMMISSIONER AND SUBMITTING THE
FEE REQUIRED BY SUBDIVISION SEVEN OF SECTION SIXTY-NINE HUNDRED FIFTY-
FIVE OF THIS TITLE.
§ 6957. EXEMPT PERSONS. NOTHING IN THIS TITLE SHALL BE CONSTRUED TO
AFFECT, PREVENT OR IN ANY MANNER EXPAND OR LIMIT ANY DUTY OR RESPONSI-
BILITY OF A LICENSED PHYSICIAN FROM PRACTICING MIDWIFERY OR AFFECT OR
PREVENT A MEDICAL STUDENT OR MIDWIFERY STUDENT IN CLINICAL PRACTICE
UNDER THE SUPERVISION OF A LICENSED PHYSICIAN OR BOARD CERTIFIED
OBSTETRICIAN/GYNECOLOGIST OR LICENSED MIDWIFE PRACTICING IN PURSUANCE OF
AN EDUCATIONAL PROGRAM REGISTERED BY THE DEPARTMENT FROM ENGAGING IN
SUCH PRACTICE.
S. 4007--A 381 A. 3007--A
§ 6958. LIMITED PERMIT. 1. A LIMITED PERMIT TO PRACTICE MIDWIFERY MAY
BE GRANTED FOR A PERIOD NOT TO EXCEED TWELVE MONTHS TO AN INDIVIDUAL WHO
HAS TO THE SATISFACTION OF THE DEPARTMENT MET ALL THE REQUIREMENTS OF
SECTION SIXTY-NINE HUNDRED FIFTY-FIVE OF THIS TITLE, BUT HAS NOT YET
PASSED THE EXAMINATION REQUIRED BY SUBDIVISION THREE OF SUCH SECTION.
2. A LIMITED PERMIT SHALL ENTITLE THE HOLDER TO PRACTICE MIDWIFERY
ONLY UNDER THE DIRECT SUPERVISION OF A LICENSED PHYSICIAN WHO IS AUTHOR-
IZED UNDER SECTION SIXTY-NINE HUNDRED FIFTY-ONE OF THIS TITLE OR A
LICENSED MIDWIFE.
TITLE 14
PODIATRY
SECTION 7000. INTRODUCTION.
7001. DEFINITION OF PRACTICE OF PODIATRY.
7002. PRACTICE OF PODIATRY AND USE OF TITLE "PODIATRIST".
7003. STATE BOARD FOR PODIATRY.
7004. REQUIREMENTS FOR A PROFESSIONAL LICENSE.
7005. EXEMPT PERSONS.
7006. SPECIAL PROVISION.
7007. LIMITED PERMITS.
7008. LIMITED RESIDENCY PERMITS AND LIMITED FELLOWSHIP PERMITS.
7009. PODIATRIC ANKLE SURGERY PRIVILEGES.
7010. ANKLE SURGERY LIMITED PERMITS.
§ 7000. INTRODUCTION. THIS TITLE APPLIES TO THE PROFESSION OF PODIA-
TRY. THE GENERAL PROVISIONS FOR ALL PROFESSIONS CONTAINED IN TITLE ONE
OF THIS ARTICLE APPLY TO THIS TITLE.
§ 7001. DEFINITION OF PRACTICE OF PODIATRY. 1. THE PRACTICE OF THE
PROFESSION OF PODIATRY IS DEFINED AS DIAGNOSING, TREATING, OPERATING AND
PRESCRIBING FOR ANY DISEASE, INJURY, DEFORMITY OR OTHER CONDITION OF THE
FOOT, AND MAY INCLUDE PERFORMING PHYSICAL EVALUATIONS IN CONJUNCTION
WITH THE PROVISION OF PODIATRIC TREATMENT. FOR THE PURPOSES OF WOUND
CARE HOWEVER, THE PRACTICE OF PODIATRY SHALL INCLUDE THE TREATMENT OF
SUCH WOUNDS IF THEY ARE CONTIGUOUS WITH WOUNDS RELATING, ORIGINATING OR
IN THE COURSE OF TREATMENT OF A WOUND ON THE FOOT WITHIN THE PODIATRIC
SCOPE OF PRACTICE. WOUND CARE SHALL NOT, HOWEVER, EXTEND BEYOND THE
LEVEL ENDING AT THE DISTAL TIBIAL TUBEROSITY. THE PRACTICE OF PODIATRY
MAY ALSO INCLUDE DIAGNOSING, TREATING, OPERATING AND PRESCRIBING FOR ANY
DISEASE, INJURY, DEFORMITY OR OTHER CONDITION OF THE ANKLE AND SOFT
TISSUE OF THE LEG BELOW THE TIBIAL TUBEROSITY IF THE PODIATRIST HAS
OBTAINED AN ISSUANCE OF A PRIVILEGE TO PERFORM PODIATRIC STANDARD ANKLE
SURGERY OR ADVANCED ANKLE SURGERY IN ACCORDANCE WITH SECTION SEVEN THOU-
SAND NINE OF THIS TITLE. PODIATRISTS MAY TREAT TRAUMATIC OPEN WOUND
FRACTURES ONLY IN HOSPITALS, AS DEFINED IN ARTICLE TWENTY-EIGHT OF THIS
CHAPTER. FOR THE PURPOSES OF THIS TITLE, THE TERM "ANKLE" SHALL BE
DEFINED AS THE DISTAL METAPHYSIS AND EPIPHYSIS OF THE TIBIA AND FIBULA,
THE ARTICULAR CARTILAGE OF THE DISTAL TIBIA AND DISTAL FIBULA, THE LIGA-
MENTS THAT CONNECT THE DISTAL METAPHYSIS AND EPIPHYSIS OF THE TIBIA AND
FIBULA AND TALUS, AND THE PORTIONS OF SKIN, SUBCUTANEOUS TISSUE, FACIA,
MUSCLES, TENDONS, LIGAMENTS AND NERVES AT OR BELOW THE LEVEL OF THE
MYOTENDINOUS JUNCTION OF THE TRICEPS SURAE.
2. THE PRACTICE OF PODIATRY SHALL NOT INCLUDE TREATING ANY PART OF THE
HUMAN BODY OTHER THAN THE FOOT, NOR TREATING FRACTURES OF THE MALLEOLI
OR CUTTING OPERATIONS UPON THE MALLEOLI UNLESS THE PODIATRIST OBTAINS AN
ISSUANCE OF A PRIVILEGE TO PERFORM PODIATRIC STANDARD ANKLE SURGERY OR
PODIATRIC ADVANCED ANKLE SURGERY. PODIATRISTS WHO HAVE OBTAINED AN ISSU-
S. 4007--A 382 A. 3007--A
ANCE OF A PRIVILEGE TO PERFORM PODIATRIC STANDARD ANKLE SURGERY MAY
PERFORM SURGERY ON THE ANKLE WHICH MAY INCLUDE SOFT TISSUE AND OSSEOUS
PROCEDURES EXCEPT THOSE PROCEDURES SPECIFICALLY AUTHORIZED FOR PODIA-
TRISTS WHO HAVE OBTAINED AN ISSUANCE OF A PRIVILEGE FOR ADVANCED ANKLE
SURGERY. PODIATRISTS WHO HAVE OBTAINED AN ISSUANCE OF A PRIVILEGE TO
PERFORM PODIATRIC ADVANCED ANKLE SURGERY MAY PERFORM SURGERY ON THE
ANKLE WHICH MAY INCLUDE ANKLE FRACTURE FIXATION, ANKLE FUSION, ANKLE
ARTHROSCOPY, INSERTION OR REMOVAL OF EXTERNAL FIXATION PINS INTO OR FROM
THE TIBIAL DIAPHYSIS AT OR BELOW THE LEVEL OF THE MYOTENDINOUS JUNCTION
OF THE TRICEPS SURAE, AND INSERTION AND REMOVAL OF RETROGRADE TIBIOTALO-
CALCANNEAL INTRAMEDULLARY RODS AND LOCKING SCREWS UP TO THE LEVEL OF THE
MYOTENDINOUS JUNCTION OF THE TRICEPS SURAE, BUT DOES NOT INCLUDE THE
SURGICAL TREATMENT OF COMPLICATIONS WITHIN THE TIBIAL DIAPHYSIS RELATED
TO THE USE OF SUCH EXTERNAL FIXATION PINS. PODIATRISTS LICENSED TO PRAC-
TICE, BUT NOT AUTHORIZED TO PRESCRIBE OR ADMINISTER NARCOTICS PRIOR TO
THE EFFECTIVE DATE OF THIS SUBDIVISION, MAY DO SO ONLY AFTER CERTIF-
ICATION BY THE DEPARTMENT IN ACCORDANCE WITH THE QUALIFICATIONS ESTAB-
LISHED BY THE COMMISSIONER. THE PRACTICE OF PODIATRY SHALL INCLUDE
ADMINISTERING ONLY LOCAL ANESTHETICS FOR THERAPEUTIC PURPOSES AS WELL AS
FOR ANESTHESIA AND TREATMENT UNDER GENERAL ANESTHESIA ADMINISTERED BY
AUTHORIZED PERSONS. THE PRACTICE OF PODIATRY BY ANY LICENSEE SHALL NOT
INCLUDE PARTIAL OR TOTAL ANKLE REPLACEMENTS NOR THE TREATMENT OF PILON
FRACTURES.
3. A. THE DEPARTMENT SHALL CONDUCT A STUDY TO DETERMINE WHETHER TO
MAKE AVAILABLE TO THE PUBLIC PROFILES ON PODIATRISTS WHO HAVE OBTAINED
AN ISSUANCE OF A PRIVILEGE TO PERFORM PODIATRIC STANDARD OR ADVANCED
ANKLE SURGERY PURSUANT TO SUBDIVISIONS ONE AND TWO OF SECTION SEVEN
THOUSAND NINE OF THIS TITLE. SUCH STUDY SHALL INCLUDE CONSIDERATION OF
WHETHER IT WOULD BE APPROPRIATE AND FEASIBLE FOR THE DEPARTMENT TO MAKE
PUBLICLY AVAILABLE PROFILES FOR SUCH PODIATRISTS IN A MANNER SIMILAR TO
PHYSICIAN PROFILES MADE AVAILABLE ON THE DEPARTMENT'S WEBSITE IN ACCORD-
ANCE WITH SECTION TWENTY-NINE HUNDRED NINETY-FIVE-A OF THIS CHAPTER. THE
DEPARTMENT SHALL CONSULT WITH OTHER DEPARTMENTS AS NECESSARY ON MATTERS
RELATED TO THE OPERATION OF THE DEPARTMENT'S PHYSICIAN PROFILES ESTAB-
LISHED PURSUANT TO SECTION TWENTY-NINE HUNDRED NINETY-FIVE-A OF THIS
CHAPTER IN CONDUCTING ITS STUDY.
B. IF THE DEPARTMENT DETERMINES THAT MAKING PODIATRIST PROFILES AVAIL-
ABLE IS APPROPRIATE AND FEASIBLE, THE DEPARTMENT SHALL OUTLINE IN SUCH
STUDY AN APPROPRIATE AND COST-EFFECTIVE METHOD OF PRESENTING RELEVANT
AND APPROPRIATE PODIATRIC PROFILING INFORMATION TO THE GENERAL PUBLIC.
THE DEPARTMENT SHALL SUBMIT SUCH STUDY TO THE GOVERNOR, THE TEMPORARY
PRESIDENT OF THE SENATE, THE SPEAKER OF THE ASSEMBLY, THE MINORITY LEAD-
ER OF THE SENATE AND THE MINORITY LEADER OF THE ASSEMBLY ON OR BEFORE
NOVEMBER FIRST, TWO THOUSAND SIXTEEN.
C. IF THE DEPARTMENT MAKES PODIATRIST PROFILES AVAILABLE AS SET FORTH
IN PARAGRAPH B OF THIS SUBDIVISION, THE DEPARTMENT SHALL INCLUDE ON ITS
WEBSITE CONTAINING THE PHYSICIAN PROFILES ESTABLISHED PURSUANT TO
SECTION TWENTY-NINE HUNDRED NINETY-FIVE-A OF THIS CHAPTER A LINK TO THE
WEBSITE ON WHICH SUCH PODIATRIST PROFILES MAY BE ACCESSED AND A STATE-
MENT DESCRIBING THE PURPOSE OF SUCH LINK.
§ 7002. PRACTICE OF PODIATRY AND USE OF TITLE "PODIATRIST". ONLY A
PERSON LICENSED OR EXEMPT UNDER THIS TITLE SHALL PRACTICE PODIATRY OR
USE THE TITLE "PODIATRIST" OR "CHIROPODIST".
§ 7003. STATE BOARD FOR PODIATRY. A STATE BOARD FOR PODIATRY SHALL BE
APPOINTED BY THE COMMISSIONER FOR THE PURPOSE OF ASSISTING THE DEPART-
MENT ON MATTERS OF PROFESSIONAL LICENSING AND PROFESSIONAL CONDUCT IN
S. 4007--A 383 A. 3007--A
ACCORDANCE WITH SECTION SIXTY-FIVE HUNDRED EIGHT OF THIS ARTICLE. THE
BOARD SHALL BE COMPOSED OF NOT LESS THAN SEVEN PODIATRISTS LICENSED IN
THIS STATE. AN EXECUTIVE SECRETARY TO THE BOARD SHALL BE APPOINTED BY
THE COMMISSIONER.
§ 7004. REQUIREMENTS FOR A PROFESSIONAL LICENSE. TO QUALIFY FOR A
LICENSE AS A PODIATRIST, AN APPLICANT SHALL FULFILL THE FOLLOWING
REQUIREMENTS:
1. APPLICATION: FILE AN APPLICATION WITH THE DEPARTMENT;
2. EDUCATION: HAVE RECEIVED AN EDUCATION, INCLUDING A DOCTORAL DEGREE
IN PODIATRY, IN ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS;
3. EXPERIENCE: HAVE EXPERIENCE SATISFACTORY TO THE BOARD AND IN
ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS;
4. EXAMINATION: PASS AN EXAMINATION SATISFACTORY TO THE BOARD AND IN
ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS;
5. AGE: BE AT LEAST TWENTY-ONE YEARS OF AGE;
6. CITIZENSHIP: MEET NO REQUIREMENTS AS TO UNITED STATES CITIZENSHIP;
7. CHARACTER: BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE DEPART-
MENT; AND
8. FEES: PAY A FEE OF TWO HUNDRED TWENTY DOLLARS TO THE DEPARTMENT FOR
ADMISSION TO A DEPARTMENT CONDUCTED EXAMINATION AND FOR AN INITIAL
LICENSE, A FEE OF ONE HUNDRED FIFTEEN DOLLARS FOR EACH REEXAMINATION, A
FEE OF ONE HUNDRED THIRTY-FIVE DOLLARS FOR AN INITIAL LICENSE FOR
PERSONS NOT REQUIRING ADMISSION TO A DEPARTMENT CONDUCTED EXAMINATION,
AND A FEE OF TWO HUNDRED TEN DOLLARS FOR EACH TRIENNIAL REGISTRATION
PERIOD.
9. CONTINUING EDUCATION: IN ACCORDANCE WITH THE REQUIREMENTS OF
SECTION SIXTY-FIVE HUNDRED TWO OF THIS ARTICLE, AT THE TIME OF RE-REGIS-
TRATION WITH THE DEPARTMENT, EACH APPLICANT SHALL PRESENT SATISFACTORY
EVIDENCE TO THE STATE BOARD FOR PODIATRY THAT IN THE YEARS PRIOR TO THE
FILING FOR RE-REGISTRATION HE OR SHE ATTENDED THE EDUCATION PROGRAMS
CONDUCTED BY THE PODIATRY SOCIETY OF THE STATE OF NEW YORK OR THE EQUIV-
ALENT OF SUCH EDUCATIONAL PROGRAMS AS APPROVED BY THE STATE BOARD FOR
PODIATRY IN ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS.
§ 7005. EXEMPT PERSONS. NOTHING IN THIS TITLE SHALL BE CONSTRUED TO
AFFECT OR PREVENT A STUDENT FROM ENGAGING IN CLINICAL PRACTICE UNDER
SUPERVISION OF A LICENSED PODIATRIST AS PART OF THE PROGRAM OF AN
APPROVED SCHOOL OF PODIATRY.
§ 7006. SPECIAL PROVISION. 1. NO CORPORATION, EXCEPT A HOSPITAL CORPO-
RATION AUTHORIZED UNDER ARTICLE FORTY-THREE OF THE INSURANCE LAW OR A
CORPORATION ORGANIZED AND EXISTING UNDER THE LAWS OF THE STATE OF NEW
YORK WHICH, ON OR BEFORE THE FIRST DAY OF MARCH, NINETEEN HUNDRED
FORTY-TWO, WAS LEGALLY INCORPORATED TO PRACTICE PODIATRY, SHALL PRACTICE
PODIATRY, AND THEN ONLY THROUGH LICENSED PODIATRISTS AND SHALL CONFORM
TO DEPARTMENT RULES. NO CORPORATION ORGANIZED TO PRACTICE PODIATRY SHALL
CHANGE ITS NAME OR SELL ITS FRANCHISE OR TRANSFER ITS CORPORATE RIGHTS
DIRECTLY OR INDIRECTLY, BY TRANSFER OF CAPITAL STOCK CONTROL OR OTHER-
WISE, TO ANY PERSON OR TO ANOTHER CORPORATION WITHOUT PERMISSION FROM
THE DEPARTMENT AND ANY CORPORATION SO CHANGING ITS NAME OR SO TRANS-
FERRING ITS FRANCHISE OR CORPORATE RIGHTS WITHOUT SUCH PERMISSION OR
FOUND GUILTY OF VIOLATING A DEPARTMENT RULE SHALL BE DEEMED TO HAVE
FORFEITED ITS RIGHT TO EXIST AND SHALL BE DISSOLVED BY A PROCEEDING
BROUGHT BY THE ATTORNEY GENERAL.
2. ANY MANUFACTURER OR MERCHANT MAY SELL, ADVERTISE, FIT, OR ADJUST
PROPRIETARY FOOT REMEDIES, ARCH SUPPORTS, CORRECTIVE FOOT APPLIANCES OR
SHOES.
S. 4007--A 384 A. 3007--A
3. NOTWITHSTANDING ANY INCONSISTENT PROVISION OF ANY GENERAL, SPECIAL
OR LOCAL LAW, ANY LICENSED PODIATRIST WHO VOLUNTARILY AND WITHOUT THE
EXPECTATION OF MONETARY COMPENSATION RENDERS FIRST AID OR EMERGENCY
TREATMENT AT THE SCENE OF AN ACCIDENT OR OTHER EMERGENCY, OUTSIDE OF A
HOSPITAL OR ANY OTHER PLACE HAVING PROPER AND NECESSARY MEDICAL EQUIP-
MENT, TO A PERSON WHO IS UNCONSCIOUS, ILL OR INJURED SHALL NOT BE LIABLE
FOR DAMAGES FOR INJURIES ALLEGED TO HAVE BEEN SUSTAINED BY SUCH PERSON
OR FOR DAMAGES FOR THE DEATH OF SUCH PERSON ALLEGED TO HAVE OCCURRED BY
REASON OF AN ACT OR OMISSION IN THE RENDERING OF SUCH FIRST AID OR EMER-
GENCY TREATMENT UNLESS IT IS ESTABLISHED THAT SUCH INJURIES WERE OR SUCH
DEATH WAS CAUSED BY GROSS NEGLIGENCE ON THE PART OF SUCH PODIATRIST.
NOTHING IN THIS SUBDIVISION SHALL BE DEEMED OR CONSTRUED TO RELIEVE A
LICENSED PODIATRIST FROM LIABILITY FOR DAMAGES FOR INJURIES OR DEATH
CAUSED BY AN ACT OR OMISSION ON THE PART OF A PODIATRIST WHILE RENDERING
PROFESSIONAL SERVICES IN THE NORMAL AND ORDINARY COURSE OF PRACTICE.
4. AN UNLICENSED PERSON MAY PROVIDE SUPPORTIVE SERVICES TO A PODIA-
TRIST INCIDENTAL TO AND CONCURRENT WITH SUCH PODIATRIST PERSONALLY
PERFORMING A SERVICE OR PROCEDURE. NOTHING IN THIS SUBDIVISION SHALL BE
CONSTRUED TO ALLOW AN UNLICENSED PERSON TO PROVIDE ANY SERVICE WHICH
CONSTITUTES THE PRACTICE OF PODIATRY AS DEFINED IN THIS TITLE. AN UNLI-
CENSED PERSON PROVIDING SUPPORTIVE SERVICES TO A PODIATRIST MAY OPERATE
RADIOGRAPHIC EQUIPMENT UNDER DIRECT SUPERVISION FOR THE SOLE PURPOSE OF
FOOT RADIOGRAPHY PROVIDED THAT SUCH PERSON COMPLETES A COURSE OF STUDY
ACCEPTABLE TO THE DEPARTMENT.
§ 7007. LIMITED PERMITS. 1. LIMITED PERMITS TO PRACTICE PODIATRY MAY
BE ISSUED BY THE DEPARTMENT TO GRADUATES OF A PROGRAM OF PROFESSIONAL
EDUCATION IN PODIATRY REGISTERED BY THE DEPARTMENT OR ACCREDITED BY AN
ACCREDITING AGENCY ACCEPTABLE TO THE DEPARTMENT. SUCH PERMITS SHALL
AUTHORIZE THE PRACTICE OF PODIATRY ONLY UNDER THE SUPERVISION OF A
LICENSED PODIATRIST AND ONLY IN:
A. A HOSPITAL OR HEALTH FACILITY LICENSED PURSUANT TO ARTICLE TWENTY-
EIGHT OF THIS CHAPTER; OR
B. A CLERKSHIP FOR A PERIOD OF TWO YEARS OR LESS CONDUCTED BY A
LICENSED PODIATRIST DESIGNATED AS A MEMBER OF THE FACULTY OF AN APPROVED
SCHOOL OF PODIATRY FOR PURPOSES OF A PRECEPTORSHIP PROGRAM.
2. LIMITED PERMITS SHALL BE ISSUED FOR A PERIOD OF ONE YEAR, AND MAY
BE RENEWED AT THE DISCRETION OF THE DEPARTMENT FOR ONE ADDITIONAL YEAR.
3. THE FEE FOR A LIMITED PERMIT SHALL BE ONE HUNDRED FIVE DOLLARS AND
THE FEE FOR A RENEWAL SHALL BE FIFTY DOLLARS.
§ 7008. LIMITED RESIDENCY PERMITS AND LIMITED FELLOWSHIP PERMITS. 1.
LIMITED RESIDENCY PERMITS AND LIMITED FELLOWSHIP PERMITS MAY BE ISSUED
BY THE DEPARTMENT TO GRADUATES OF A PROGRAM OF PROFESSIONAL EDUCATION IN
PODIATRY REGISTERED BY THE DEPARTMENT OR ACCREDITED BY AN ACCREDITING
AGENCY ACCEPTABLE TO THE DEPARTMENT.
2. SUCH PERMITS SHALL ALLOW A RESIDENT OR FELLOW IN PODIATRIC MEDICINE
PARTICIPATING IN AN APPROVED POST-GRADUATE RESIDENCY OR FELLOWSHIP
PROGRAM TO PERFORM SUCH DUTIES, TASKS AND FUNCTIONS THAT ARE REQUIRED
FOR SUCCESSFUL COMPLETION OF SUCH PROGRAM UNDER THE ADMINISTRATIVE
SUPERVISION OF A LICENSED PODIATRIST SERVING AS THE RESIDENCY OR FELLOW-
SHIP DIRECTOR, AS APPLICABLE, IN A HOSPITAL OR HEALTH CARE FACILITY
LICENSED PURSUANT TO ARTICLE TWENTY-EIGHT OF THIS CHAPTER. AT ANY TIME
DURING THE RESIDENCY OR FELLOWSHIP, A LICENSED PHYSICIAN OR A LICENSED
PODIATRIST MAY PROVIDE DIRECT PERSONAL SUPERVISION OF ACTIVITIES WHICH
HE OR SHE IS AUTHORIZED AND COMPETENT TO PROVIDE IN THE APPROVED FACILI-
TY; PROVIDED, HOWEVER, WHEN THE RESIDENT'S OR FELLOW'S TRAINING INVOLVES
PRACTICE BEYOND THAT AUTHORIZED IN SECTION SEVEN THOUSAND ONE OF THIS
S. 4007--A 385 A. 3007--A
TITLE, A LICENSED PHYSICIAN SHALL PROVIDE DIRECT PERSONAL SUPERVISION.
FOR THE PURPOSES OF THIS SECTION, "DIRECT PERSONAL SUPERVISION" MEANS
SUPERVISION OF PROCEDURES BASED ON INSTRUCTIONS GIVEN DIRECTLY BY A
LICENSED PHYSICIAN OR LICENSED PODIATRIST, AS APPLICABLE, WHO REMAINS IN
THE IMMEDIATE AREA WHERE THE PROCEDURES ARE BEING PERFORMED, AUTHORIZES
THE PROCEDURES AND EVALUATES THE PROCEDURES PERFORMED BY THE PODIATRIC
RESIDENT OR FELLOW.
3. SUCH PERMIT SHALL BE ISSUED FOR THREE YEARS AND MAY BE RENEWED AT
THE DISCRETION OF THE DEPARTMENT FOR ADDITIONAL ONE-YEAR PERIODS WHEN
NECESSARY TO PERMIT THE COMPLETION OF AN APPROVED POST-GRADUATE RESIDEN-
CY OR FELLOWSHIP IN PODIATRIC MEDICINE.
4. THE FEE FOR A LIMITED RESIDENCY PERMIT OR A LIMITED FELLOWSHIP
PERMIT SHALL BE ONE HUNDRED FIVE DOLLARS AND THE FEE FOR A RENEWAL SHALL
BE FIFTY DOLLARS.
§ 7009. PODIATRIC ANKLE SURGERY PRIVILEGES. 1. FOR ISSUANCE OF A PRIV-
ILEGE TO PERFORM PODIATRIC STANDARD ANKLE SURGERY, AS THAT TERM IS USED
IN SUBDIVISION TWO OF SECTION SEVEN THOUSAND ONE OF THIS TITLE, THE
APPLICANT SHALL FULFILL THE FOLLOWING REQUIREMENTS:
A. APPLICATION: FILE AN APPLICATION WITH THE DEPARTMENT;
B. LICENSE: BE LICENSED AS A PODIATRIST IN THE STATE;
C. TRAINING AND CERTIFICATION: EITHER:
(I) HAVE GRADUATED ON OR AFTER JUNE FIRST, TWO THOUSAND SIX FROM A
THREE-YEAR RESIDENCY PROGRAM IN PODIATRIC MEDICINE AND SURGERY THAT WAS
ACCREDITED BY AN ACCREDITING AGENCY ACCEPTABLE TO THE DEPARTMENT, AND BE
CERTIFIED IN RECONSTRUCTIVE REARFOOT AND ANKLE SURGERY BY A NATIONAL
CERTIFYING BOARD HAVING CERTIFICATION STANDARDS ACCEPTABLE TO THE
DEPARTMENT; OR
(II) HAVE GRADUATED ON OR AFTER JUNE FIRST, TWO THOUSAND SIX FROM A
THREE-YEAR RESIDENCY PROGRAM IN PODIATRIC MEDICINE AND SURGERY THAT WAS
ACCREDITED BY AN ACCREDITING AGENCY ACCEPTABLE TO THE DEPARTMENT, BE
BOARD QUALIFIED BUT NOT YET CERTIFIED IN RECONSTRUCTIVE REARFOOT AND
ANKLE SURGERY BY A NATIONAL CERTIFYING BOARD HAVING CERTIFICATION STAND-
ARDS ACCEPTABLE TO THE DEPARTMENT, AND PROVIDE DOCUMENTATION THAT HE OR
SHE HAS ACCEPTABLE TRAINING AND EXPERIENCE IN STANDARD OR ADVANCED
MIDFOOT, REARFOOT AND ANKLE PROCEDURES THAT HAS BEEN APPROVED BY THE
DEPARTMENT; OR
(III) HAVE GRADUATED BEFORE JUNE FIRST, TWO THOUSAND SIX FROM A TWO-
YEAR RESIDENCY PROGRAM IN PODIATRIC MEDICINE AND SURGERY THAT WAS
ACCREDITED BY AN ACCREDITING AGENCY ACCEPTABLE TO THE DEPARTMENT, BE
CERTIFIED IN RECONSTRUCTIVE REARFOOT AND ANKLE SURGERY BY A NATIONAL
CERTIFYING BOARD HAVING CERTIFICATION STANDARDS ACCEPTABLE TO THE
DEPARTMENT, AND PROVIDE DOCUMENTATION THAT HE OR SHE HAS ACCEPTABLE
TRAINING AND EXPERIENCE IN STANDARD OR ADVANCED MIDFOOT, REARFOOT AND
ANKLE PROCEDURES THAT HAS BEEN APPROVED BY THE DEPARTMENT;
D. FEES: PAY A FEE TO THE DEPARTMENT OF TWO HUNDRED TWENTY DOLLARS FOR
THE ISSUANCE OF A PRIVILEGE TO PERFORM PODIATRIC STANDARD ANKLE SURGERY.
2. FOR ISSUANCE OF A PRIVILEGE TO PERFORM PODIATRIC ADVANCED ANKLE
SURGERY, AS THAT TERM IS USED IN SUBDIVISION TWO OF SECTION SEVEN THOU-
SAND ONE OF THIS TITLE, THE APPLICANT SHALL FULFILL THE FOLLOWING
REQUIREMENTS:
A. APPLICATION: FILE AN APPLICATION WITH THE DEPARTMENT;
B. LICENSE: BE LICENSED AS A PODIATRIST IN THE STATE;
C. EXPERIENCE AND CERTIFICATION: EITHER:
(I) HAVE GRADUATED ON OR AFTER JUNE FIRST, TWO THOUSAND SIX FROM A
THREE-YEAR RESIDENCY PROGRAM IN PODIATRIC MEDICINE AND SURGERY THAT WAS
ACCREDITED BY AN ACCREDITING AGENCY ACCEPTABLE TO THE DEPARTMENT, BE
S. 4007--A 386 A. 3007--A
CERTIFIED IN RECONSTRUCTIVE REARFOOT AND ANKLE SURGERY BY A NATIONAL
CERTIFYING BOARD HAVING CERTIFICATION STANDARDS ACCEPTABLE TO THE
DEPARTMENT, AND PROVIDE DOCUMENTATION THAT HE OR SHE HAS ACCEPTABLE
TRAINING AND EXPERIENCE IN ADVANCED MIDFOOT, REARFOOT AND ANKLE PROCE-
DURES THAT HAS BEEN APPROVED BY THE DEPARTMENT; OR
(II) HAVE GRADUATED BEFORE JUNE FIRST, TWO THOUSAND SIX FROM A TWO-
YEAR RESIDENCY PROGRAM IN PODIATRIC MEDICINE AND SURGERY THAT WAS
ACCREDITED BY AN ACCREDITING AGENCY ACCEPTABLE TO THE DEPARTMENT, BE
CERTIFIED IN RECONSTRUCTIVE REARFOOT AND ANKLE SURGERY, BY A NATIONAL
CERTIFYING BOARD HAVING CERTIFICATION STANDARDS ACCEPTABLE TO THE
DEPARTMENT, AND PROVIDE DOCUMENTATION THAT HE OR SHE HAS ACCEPTABLE
TRAINING AND EXPERIENCE IN ADVANCED MIDFOOT, REARFOOT AND ANKLE PROCE-
DURES THAT HAS BEEN APPROVED BY THE DEPARTMENT.
D. FEES: PAY A FEE TO THE DEPARTMENT OF TWO HUNDRED TWENTY DOLLARS FOR
THE ISSUANCE OF A PRIVILEGE TO PERFORM PODIATRIC ADVANCED ANKLE SURGERY.
3. DURATION AND REGISTRATION OF PRIVILEGES. A PRIVILEGE ISSUED UNDER
THIS SECTION SHALL BE VALID FOR THE LIFE OF THE HOLDER, UNLESS REVOKED,
ANNULLED, OR SUSPENDED BY THE DEPARTMENT. SUCH A PRIVILEGE SHALL BE
SUBJECT TO THE SAME OVERSIGHT AND DISCIPLINARY PROVISIONS AS LICENSES
ISSUED UNDER THIS TITLE. THE HOLDER OF A PRIVILEGE ISSUED UNDER THIS
SECTION SHALL REGISTER WITH THE DEPARTMENT AS A PRIVILEGE HOLDER IN THE
SAME MANNER AND SUBJECT TO THE SAME PROVISIONS AS REQUIRED OF A LICENSEE
PURSUANT TO SECTION SIX THOUSAND FIVE HUNDRED TWO OF THIS ARTICLE,
PROVIDED THAT, AT THE TIME OF EACH REGISTRATION, THE PRIVILEGE HOLDER
SHALL CERTIFY THAT HE OR SHE CONTINUES TO MEET THE REQUIREMENTS FOR THE
PRIVILEGE SET FORTH IN THIS SECTION. THE FEE FOR SUCH REGISTRATION SHALL
BE TWO HUNDRED TEN DOLLARS. THE REGISTRATION PERIOD FOR A PRIVILEGE
HOLDER SHALL BE COTERMINOUS WITH HIS OR HER REGISTRATION AS A PODIA-
TRIST.
§ 7010. ANKLE SURGERY LIMITED PERMITS. A LIMITED PERMIT TO PERFORM
PODIATRIC STANDARD ANKLE SURGERY, AS DESCRIBED IN SUBDIVISION TWO OF
SECTION SEVEN THOUSAND ONE OF THIS TITLE, MAY BE ISSUED BY THE DEPART-
MENT TO A PODIATRIST WHO IS LICENSED PURSUANT TO THIS TITLE AND WHO HAS
MET THE RESIDENCY AND BOARD QUALIFICATION/CERTIFICATION REQUIREMENTS SET
FORTH IN SUBDIVISION ONE OF SECTION SEVEN THOUSAND NINE OF THIS TITLE IN
ORDER TO AUTHORIZE SUCH PODIATRIST TO OBTAIN THE TRAINING AND EXPERIENCE
REQUIRED FOR THE ISSUANCE OF A PODIATRIC STANDARD ANKLE SURGERY PRIVI-
LEGE PURSUANT TO SUBDIVISION ONE OF SECTION SEVEN THOUSAND NINE OF THIS
TITLE. SUCH PERMITS SHALL AUTHORIZE THE PERFORMANCE OF PODIATRIC STAND-
ARD ANKLE SURGERY ONLY UNDER THE DIRECT PERSONAL SUPERVISION OF A
LICENSED PODIATRIST HOLDING A PODIATRIC STANDARD ANKLE SURGERY PRIVILEGE
OR A PODIATRIC ADVANCED ANKLE SURGERY PRIVILEGE ISSUED PURSUANT TO
SECTION SEVEN THOUSAND NINE OF THIS TITLE OR OF A PHYSICIAN LICENSED
PURSUANT TO TITLE TWO OF THIS ARTICLE AND CERTIFIED IN ORTHOPEDIC
SURGERY BY A NATIONAL CERTIFYING BOARD HAVING CERTIFICATION STANDARDS
ACCEPTABLE TO THE DEPARTMENT.
2. A LIMITED PERMIT TO PERFORM PODIATRIC ADVANCED ANKLE SURGERY, AS
DESCRIBED IN SUBDIVISION TWO OF SECTION SEVEN THOUSAND ONE OF THIS
TITLE, MAY BE ISSUED BY THE DEPARTMENT TO A PODIATRIST WHO IS LICENSED
PURSUANT TO THIS TITLE AND WHO HAS MET THE RESIDENCY AND BOARD CERTIF-
ICATION REQUIREMENTS SET FORTH IN SUBDIVISION TWO OF SECTION SEVEN THOU-
SAND NINE OF THIS TITLE IN ORDER TO AUTHORIZE SUCH PODIATRIST TO OBTAIN
THE TRAINING AND EXPERIENCE REQUIRED FOR THE ISSUANCE OF A PODIATRIC
ADVANCED ANKLE SURGERY PRIVILEGE PURSUANT TO SUBDIVISION TWO OF SECTION
SEVEN THOUSAND NINE OF THIS TITLE. SUCH PERMITS SHALL AUTHORIZE THE
PERFORMANCE OF PODIATRIC ADVANCED ANKLE SURGERY ONLY UNDER THE DIRECT
S. 4007--A 387 A. 3007--A
PERSONAL SUPERVISION OF A LICENSED PODIATRIST HOLDING A PODIATRIC
ADVANCED ANKLE SURGERY PRIVILEGE ISSUED PURSUANT TO SUBDIVISION TWO OF
SECTION SEVEN THOUSAND NINE OF THIS TITLE OR OF A PHYSICIAN LICENSED
PURSUANT TO TITLE TWO OF THIS ARTICLE AND CERTIFIED IN ORTHOPEDIC
SURGERY BY A NATIONAL CERTIFYING BOARD HAVING CERTIFICATION STANDARDS
ACCEPTABLE TO THE DEPARTMENT.
3. FOR THE PURPOSES OF THIS SECTION, DIRECT PERSONAL SUPERVISION MEANS
SUPERVISION OF PROCEDURES BASED ON INSTRUCTIONS GIVEN DIRECTLY BY THE
SUPERVISING PODIATRIST OR PHYSICIAN WHO REMAINS IN THE IMMEDIATE AREA
WHERE THE PROCEDURES ARE BEING PERFORMED, AUTHORIZES THE PROCEDURES AND
EVALUATES THE PROCEDURES PERFORMED BY THE HOLDER OF THE LIMITED PERMIT.
4. THE HOLDER OF A LIMITED PERMIT ISSUED PURSUANT TO THIS SECTION
SHALL PERFORM PODIATRIC ANKLE SURGERY ONLY IN A HOSPITAL OR HEALTH
FACILITY LICENSED PURSUANT TO ARTICLE TWENTY-EIGHT OF THIS CHAPTER AND
APPROPRIATELY AUTHORIZED TO PROVIDE SUCH SURGERY.
5. LIMITED PERMITS SHALL BE ISSUED FOR A PERIOD OF ONE YEAR, AND MAY
BE RENEWED FOR ADDITIONAL ONE YEAR PERIODS WHEN NECESSARY TO PERMIT THE
COMPLETION OF THE TRAINING AND EXPERIENCE REQUIRED TO OBTAIN A PODIATRIC
STANDARD ANKLE SURGERY PRIVILEGE OR PODIATRIC ADVANCED ANKLE SURGERY
PRIVILEGE, AS APPLICABLE, PROVIDED THAT NO PERMIT MAY BE RENEWED MORE
THAN FOUR TIMES FOR EACH SUCH PRIVILEGE.
6. THE FEE FOR A LIMITED PERMIT SHALL BE ONE HUNDRED FIVE DOLLARS AND
THE FEE FOR A RENEWAL SHALL BE FIFTY DOLLARS.
TITLE 15
OPTOMETRY
SECTION 7100. INTRODUCTION.
7101. DEFINITION OF THE PRACTICE OF OPTOMETRY.
7101-A. CERTIFICATION TO USE THERAPEUTIC DRUGS.
7102. PRACTICE OF OPTOMETRY AND USE OF TITLE "OPTOMETRIST".
7103. STATE BOARD FOR OPTOMETRY.
7104. REQUIREMENTS FOR A PROFESSIONAL LICENSE.
7105. EXEMPT PERSONS.
7106. SPECIAL PROVISIONS.
7107. ADVERTISING OF NON-PRESCRIPTION READY-TO-WEAR MAGNIFYING
SPECTACLES OR GLASSES.
§ 7100. INTRODUCTION. THIS TITLE APPLIES TO THE PROFESSION OF OPTOME-
TRY. THE GENERAL PROVISIONS FOR ALL PROFESSIONS CONTAINED IN TITLE ONE
OF THIS ARTICLE APPLY TO THIS TITLE.
§ 7101. DEFINITION OF THE PRACTICE OF OPTOMETRY. THE PRACTICE OF THE
PROFESSION OF OPTOMETRY IS DEFINED AS DIAGNOSING AND TREATING OPTICAL
DEFICIENCY, OPTICAL DEFORMITY, VISUAL ANOMALY, MUSCULAR ANOMALY OR
DISEASE OF THE HUMAN EYE AND ADJACENT TISSUE BY PRESCRIBING, PROVIDING,
ADAPTING OR FITTING LENSES OR BY PRESCRIBING, PROVIDING, ADAPTING OR
FITTING NON-CORRECTIVE CONTACT LENSES, OR BY PRESCRIBING OR PROVIDING
ORTHOPTICS OR VISION TRAINING, OR BY PRESCRIBING AND USING DRUGS. THE
PRACTICE OF OPTOMETRY SHALL NOT INCLUDE ANY INJECTION OR INVASIVE MODAL-
ITY. FOR PURPOSES OF THIS SECTION INVASIVE MODALITY MEANS ANY PROCEDURE
IN WHICH HUMAN TISSUE IS CUT, ALTERED, OR OTHERWISE INFILTRATED BY
MECHANICAL OR OTHER MEANS. INVASIVE MODALITY INCLUDES SURGERY, LASERS,
IONIZING RADIATION, THERAPEUTIC ULTRASOUND AND THE REMOVAL OF FOREIGN
BODIES FROM WITHIN THE TISSUE OF THE EYE. NOTHING IN THIS SECTION OR
SECTION SEVENTY-ONE HUNDRED ONE-A OF THIS TITLE SHALL BE CONSTRUED TO
LIMIT THE SCOPE OF OPTOMETRIC PRACTICE AS AUTHORIZED PRIOR TO JANUARY
FIRST, NINETEEN HUNDRED NINETY-FIVE. THE USE OF DRUGS BY OPTOMETRISTS IS
S. 4007--A 388 A. 3007--A
AUTHORIZED ONLY IN ACCORDANCE WITH THE PROVISIONS OF THIS TITLE AND
REGULATIONS PROMULGATED BY THE COMMISSIONER.
§ 7101-A. CERTIFICATION TO USE THERAPEUTIC DRUGS. 1. DEFINITIONS. AS
USED IN THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEAN-
INGS:
A. CLINICAL TRAINING. CLINICAL TRAINING SHALL MEAN THE DIAGNOSIS,
TREATMENT AND MANAGEMENT OF PATIENTS WITH OCULAR DISEASE AND SHALL BE
COMPARABLE TO THAT ACQUIRED BY A CURRENT GRADUATE OF THE STATE UNIVERSI-
TY COLLEGE OF OPTOMETRY.
B. CONSULTATION. CONSULTATION SHALL MEAN A CONFIRMATION OF THE DIAGNO-
SIS, A PLAN OF CO-MANAGEMENT OF THE PATIENT, AND A PERIODIC REVIEW OF
THE PATIENT'S PROGRESS.
C. EDUCATION REVIEW COMMITTEE. EDUCATION REVIEW COMMITTEE SHALL MEAN
THE COMMITTEE ESTABLISHED PURSUANT TO SUBDIVISION NINE OF THIS SECTION.
D. DIAGNOSTIC PHARMACEUTICALS. DIAGNOSTIC PHARMACEUTICALS SHALL MEAN
THOSE DRUGS WHICH SHALL BE LIMITED TO TOPICAL APPLICATIONS TO THE
SURFACE OF THE EYE FOR THE PURPOSE OF DIAGNOSTIC EXAMINATION OF THE EYE
AND SHALL BE LIMITED TO:
(I) ANESTHETIC AGENTS;
(II) MYDRIATICS;
(III) CYCLOPLEGICS;
(IV) MIOTICS;
(V) DISCLOSING AGENTS AND OTHER SUBSTANCES USED IN CONJUNCTION WITH
THESE DRUGS AS PART OF A DIAGNOSTIC PROCEDURE.
E. TOPICAL THERAPEUTIC PHARMACEUTICAL AGENTS. TOPICAL THERAPEUTIC
PHARMACEUTICAL AGENTS SHALL MEAN THOSE DRUGS WHICH SHALL BE LIMITED TO
TOPICAL APPLICATION TO THE SURFACE OF THE EYE FOR THERAPEUTIC PURPOSES
AND SHALL BE LIMITED TO:
(I) ANTIBIOTIC/ANTIMICROBIALS;
(II) DECONGESTANTS/ANTI-ALLERGENICS;
(III) NON-STEROIDAL ANTI-INFLAMMATORY AGENTS;
(IV) STEROIDAL ANTI-INFLAMMATORY AGENTS;
(V) ANTIVIRAL AGENTS;
(VI) HYPEROSMOTIC/HYPERTONIC AGENTS;
(VII) CYCLOPLEGICS;
(VIII) ARTIFICIAL TEARS AND LUBRICANTS; AND
(IX) IMMUNOSUPPRESSIVE AGENTS.
F. THERAPEUTIC PHARMACEUTICAL AGENTS FOR TREATMENT OF GLAUCOMA AND
OCULAR HYPERTENSION. THERAPEUTIC PHARMACEUTICAL AGENTS FOR TREATMENT OF
GLAUCOMA AND OCULAR HYPERTENSION SHALL MEAN THOSE DRUGS WHICH SHALL BE
LIMITED TO TOPICAL APPLICATION TO THE SURFACE OF THE EYE AND SHALL BE
LIMITED TO:
(I) BETA BLOCKERS;
(II) ALPHA AGONISTS;
(III) DIRECT ACTING CHOLINERGIC AGENTS;
(IV) PROSTAGLANDIN ANALOGS; AND
(V) CARBONIC ANHYDRASE INHIBITORS.
G. ORAL THERAPEUTIC PHARMACEUTICAL AGENTS. ORAL THERAPEUTIC PHARMACEU-
TICAL AGENTS SHALL MEAN THOSE ORALLY ADMINISTERED DRUGS USED FOR THERA-
PEUTIC PURPOSES SOLELY FOR THE TREATMENT OF DISEASES OF THE EYE AND
ADNEXA AND SHALL BE LIMITED TO:
(I) THE FOLLOWING ANTIBIOTICS:
(1) AMOXICILLIN/CLAVULANATE POTASSIUM;
(2) CEPHALEXIN;
(3) AZITHROMYCIN;
(4) SULFAMETHOXAZOLE/TRIMETHOPRIM;
S. 4007--A 389 A. 3007--A
(5) DOXYCYCLINE; AND
(6) TETRACYCLINE;
(II) THE FOLLOWING ANTIGLAUCOMA AGENTS USED FOR THE MANAGEMENT OF
ACUTE INCREASES IN INTRAOCULAR PRESSURE; PROVIDED, HOWEVER, AN OPTOME-
TRIST MAY USE OR PRESCRIBE A MAXIMUM OF ONE TWENTY-FOUR HOUR
PRESCRIPTION AND SHALL IMMEDIATELY REFER THE PATIENT TO A LICENSED
PHYSICIAN SPECIALIZING IN DISEASES OF THE EYE:
(1) ACETAZOLAMIDE; AND
(2) METHAZOLAMIDE; AND
(III) THE FOLLOWING ANTIVIRAL AGENTS USED FOR HERPES ZOSTER OPHTHALMI-
CUS; PROVIDED AN OPTOMETRIST SHALL USE OR PRESCRIBE IN MAXIMUM, ONE
SEVEN-DAY PRESCRIPTION; PROVIDED, HOWEVER, IF A PATIENT IS DIAGNOSED
WITH HERPES ZOSTER OPHTHALMICUS AND HAS NOT ALREADY BEEN EXAMINED BY A
PRIMARY CARE PHYSICIAN OR OTHER APPROPRIATE PHYSICIAN FOR SUCH VIRAL
CONDITION, AN OPTOMETRIST SHALL REFER THE PATIENT TO A LICENSED PRIMARY
CARE PHYSICIAN, LICENSED PHYSICIAN SPECIALIZING IN DISEASES OF THE EYE,
OR OTHER APPROPRIATE PHYSICIAN WITHIN THREE DAYS OF SUCH DIAGNOSIS:
(1) VALACYCLOVIR; AND
(2) ACYCLOVIR.
2. STANDARD OF CARE. AN OPTOMETRIST AUTHORIZED TO USE PHARMACEUTICAL
AGENTS FOR USE IN THE DIAGNOSIS, TREATMENT OR PREVENTION OF OCULAR
DISEASE SHALL BE HELD TO THE SAME STANDARD OF CARE IN DIAGNOSIS, USE OF
SUCH AGENTS, AND TREATMENT AS THAT DEGREE OF SKILL AND PROFICIENCY
COMMONLY EXERCISED BY A PHYSICIAN IN THE SAME COMMUNITY.
3. CERTIFICATE. THE COMMISSIONER SHALL ISSUE APPROPRIATE CERTIFICATES
TO USE THERAPEUTIC PHARMACEUTICAL AGENTS IN ACCORDANCE WITH THE
PROVISIONS OF THIS SECTION TO THOSE OPTOMETRISTS WHO HAVE SATISFACTORILY
COMPLETED A CURRICULUM IN GENERAL AND OCULAR PHARMACOLOGY AT A COLLEGE
OF OPTOMETRY WITH DIDACTIC AND SUPERVISED CLINICAL PROGRAMS APPROVED BY
THE DEPARTMENT ARE ELIGIBLE TO APPLY FOR THE CERTIFICATE ISSUED PURSUANT
TO THIS SECTION.
4. TOPICAL THERAPEUTIC PHARMACEUTICAL AGENTS. A. BEFORE USING OR
PRESCRIBING TOPICAL THERAPEUTIC PHARMACEUTICAL AGENTS, EACH OPTOMETRIST
SHALL HAVE COMPLETED AT LEAST THREE HUNDRED HOURS OF CLINICAL TRAINING
IN THE DIAGNOSIS, TREATMENT AND MANAGEMENT OF PATIENTS WITH OCULAR
DISEASE OTHER THAN GLAUCOMA AND OCULAR HYPERTENSION, NOT FEWER THAN
TWENTY-FIVE HOURS OF SUCH TRAINING SHALL HAVE BEEN COMPLETED SUBSEQUENT
TO JUNE THIRTIETH, NINETEEN HUNDRED NINETY-THREE AND ADDITIONALLY SHALL
EITHER HAVE TAKEN AND SUCCESSFULLY PASSED THE TREATMENT AND MANAGEMENT
OF OCULAR DISEASES PORTION OF THE NATIONAL BOARD OF EXAMINERS IN OPTOME-
TRY TEST OR HAVE TAKEN AND SUCCESSFULLY PASSED AN EXAMINATION ACCEPTABLE
TO THE BOARD.
B. BEFORE USING OR PRESCRIBING THERAPEUTIC PHARMACEUTICAL AGENTS FOR
TREATMENT OF GLAUCOMA AND OCULAR HYPERTENSION, AN OPTOMETRIST MUST BE
CERTIFIED FOR DIAGNOSTIC AND TOPICAL THERAPEUTIC AGENTS AND HAVE
COMPLETED AN ADDITIONAL ONE HUNDRED HOURS OF CLINICAL TRAINING IN THE
DIAGNOSIS, TREATMENT AND MANAGEMENT OF PATIENTS WITH GLAUCOMA AND OCULAR
HYPERTENSION, NOT FEWER THAN TWENTY-FIVE HOURS OF SUCH TRAINING SHALL
HAVE BEEN COMPLETED SUBSEQUENT TO JULY FIRST, NINETEEN HUNDRED NINETY-
FOUR, AND SHALL HAVE TAKEN AND SUCCESSFULLY PASSED AN ORAL OR WRITTEN
EXAMINATION ACCEPTABLE BY THE BOARD.
C. BEFORE USING OR PRESCRIBING ORAL THERAPEUTIC PHARMACEUTICAL AGENTS,
AN OPTOMETRIST MUST BE CERTIFIED TO PRESCRIBE DIAGNOSTIC PHARMACEUTICAL
AGENTS AND TOPICAL THERAPEUTIC AND THERAPEUTIC PHARMACEUTICAL AGENTS FOR
TREATMENT OF GLAUCOMA AND OCULAR HYPERTENSION, HAVE COMPLETED AN ORAL
THERAPEUTIC PHARMACEUTICAL AGENT CERTIFICATION COURSE AND HAVE PASSED AN
S. 4007--A 390 A. 3007--A
EXAMINATION WITHIN FIVE YEARS OF THE DEPARTMENT'S APPROVAL OF THE
INITIAL CERTIFICATION COURSE OR THE INITIAL EXAMINATION, WHICHEVER IS
LATER PROVIDED, HOWEVER, AN OPTOMETRIST WHO HAS COMMENCED THE ORAL THER-
APEUTIC PHARMACEUTICAL AGENT CERTIFICATION COURSE WITHIN THE FIVE YEAR
TIME PERIOD BUT HAS NOT YET PASSED AN EXAMINATION SHALL BE ALLOWED TO
TAKE SUCH EXAMINATION AND BECOME CERTIFIED AFTER THE FIVE YEAR TIME
PERIOD PROVIDED FOR IN THIS PARAGRAPH HAS ENDED.
(I) THE CURRICULUM FOR THE ORAL THERAPEUTIC PHARMACEUTICAL AGENT
CERTIFICATION COURSE SHALL INCLUDE, BUT NOT BE LIMITED TO, INSTRUCTION
IN PHARMACOLOGY AND DRUG INTERACTION IN TREATING OCULAR DISEASE AND BE
TAUGHT THROUGH CLINICAL CASE SCENARIOS AND EMPHASIZE CLINICAL DECISION
MAKING AND SHALL BE NO LESS THAN FORTY HOURS, OF WHICH NO LESS THAN
TWENTY-FOUR HOURS SHALL BE LIVE INSTRUCTION.
(II) SUCH COURSE SHALL QUALIFY TOWARDS MEETING THE CONTINUING EDUCA-
TION PER TRIENNIAL REGISTRATION REQUIREMENT PURSUANT TO SUBDIVISION
SEVEN OF THIS SECTION.
(III) THE EXAMINATION SHALL ASSESS THE KNOWLEDGE OF MATERIALS IN THE
CURRICULUM AND REFLECT THE ORAL THERAPEUTIC PHARMACEUTICAL AGENTS
DESCRIBED IN PARAGRAPH G OF SUBDIVISION ONE OF THIS SECTION, AND SHALL
BE ACCEPTABLE TO THE DEPARTMENT.
(IV) THE INITIAL, AND ANY SUBSEQUENT, CURRICULUM AND EXAMINATION SHALL
BE SUBJECT TO REVIEW AND APPROVAL BY THE DEPARTMENT.
(V) THE REQUIREMENT FOR THE ORAL THERAPEUTIC PHARMACEUTICAL AGENT
CERTIFICATION COURSE AND EXAMINATION SHALL NOT APPLY TO THOSE OPTOME-
TRISTS WHO GRADUATED FROM AN ACCREDITED COLLEGE OF OPTOMETRY SUBSEQUENT
TO JANUARY FIRST, TWO THOUSAND TWENTY-TWO AND HAVE TAKEN AND SUCCESSFUL-
LY PASSED THE NATIONAL BOARD OF EXAMINERS IN OPTOMETRY EXAMINATION OR AN
EXAMINATION ACCEPTABLE TO THE DEPARTMENT.
D. THE CLINICAL TRAINING REQUIRED BY THIS SECTION MAY HAVE BEEN
ACQUIRED PRIOR TO THE ENACTMENT OF THIS SECTION NOT INCONSISTENT WITH
PARAGRAPHS A AND B OF THIS SUBDIVISION. APPROVAL OF THE PRE-ACQUIRED
CLINICAL TRAINING SHALL BE IN ACCORDANCE WITH SUBDIVISION NINE-A OF THIS
SECTION.
E. THE PROVISIONS OF PARAGRAPHS A AND B OF THIS SUBDIVISION SHALL NOT
APPLY TO (I) GRADUATES OF AN APPROPRIATE PROGRAM APPROVED BY THE DEPART-
MENT WHO HAVE SUCCESSFULLY PASSED THE EXAMINATION ON THE USE OF DIAGNOS-
TIC AND THERAPEUTIC DRUGS AND WHO GRADUATED SUBSEQUENT TO JANUARY FIRST,
NINETEEN HUNDRED NINETY-THREE; OR (II) OPTOMETRISTS WHO HAVE BEEN CERTI-
FIED FOR AT LEAST FIVE YEARS TO USE PHASE ONE AND PHASE TWO DRUGS IN
ANOTHER JURISDICTION, HAVE DEMONSTRATED SUCH USE IN INDEPENDENTLY
MANAGED PATIENTS, AND HAVE BEEN LICENSED IN ACCORDANCE WITH SECTION
SEVENTY-ONE HUNDRED FOUR OF THIS TITLE. PROVIDED, HOWEVER, NO OPTOME-
TRIST EXEMPT UNDER THIS PARAGRAPH SHALL BE PERMITTED TO USE PHASE ONE
THERAPEUTIC PHARMACEUTICAL AGENTS OR PHASE TWO THERAPEUTIC PHARMACEU-
TICAL AGENTS PRIOR TO THE GENERAL AUTHORIZATION PROVIDED TO OPTOMETRISTS
LICENSED IN THIS STATE.
5. SUSPENSION OF CERTIFICATION. THE DEPARTMENT SHALL SUSPEND THE
CERTIFICATION FOR THE USE AND PRESCRIBING OF TOPICAL THERAPEUTIC AGENTS
OF ANY OPTOMETRIST WHO FAILS TO RECEIVE CERTIFICATION FOR THERAPEUTIC
PHARMACEUTICAL AGENTS FOR TREATMENT OF GLAUCOMA AND OCULAR HYPERTENSION
WITHIN THREE YEARS OF HAVING BEEN CERTIFIED FOR TOPICAL THERAPEUTIC
PHARMACEUTICAL AGENTS.
6. CONSULTATION WITH USE OF CERTAIN TOPICAL THERAPEUTIC PHARMACEUTICAL
AGENTS FOR TREATMENT OF GLAUCOMA AND OCULAR HYPERTENSION. A. AFTER THE
INITIAL DIAGNOSIS OF GLAUCOMA OR OCULAR HYPERTENSION AND BEFORE INITIAT-
ING TREATMENT OF ANY PATIENT, AN OPTOMETRIST SHALL ENGAGE IN A WRITTEN
S. 4007--A 391 A. 3007--A
CONSULTATION WITH A LICENSED PHYSICIAN SPECIALIZING IN DISEASES OF THE
EYE.
B. A CONSULTATION SHALL BE REQUIRED FOR A PERIOD OF THREE YEARS OR
UNTIL THE OPTOMETRIST HAS EXAMINED AND DIAGNOSED SEVENTY-FIVE PATIENTS
HAVING GLAUCOMA OR OCULAR HYPERTENSION WHICH EXAMINATIONS REQUIRE A
WRITTEN CONSULTATION IN ACCORDANCE WITH PARAGRAPH A OF THIS SUBDIVISION,
WHICHEVER OCCURS LATER.
C. THE CONSULTATION PROVISIONS SHALL NOT APPLY TO A GRADUATE OF AN
APPROPRIATE PROGRAM APPROVED BY THE DEPARTMENT WHO SUCCESSFULLY PASSED
AN EXAMINATION IN THE USE OF DIAGNOSTIC AND THERAPEUTIC PHARMACEUTICAL
AGENTS APPROVED BY THE DEPARTMENT AND GRADUATED SUCH SCHOOL SUBSEQUENT
TO JANUARY FIRST, NINETEEN HUNDRED NINETY-NINE AND WHO HAS HAD AT LEAST
SEVENTY-FIVE DOCUMENTED EXAMINATIONS AND DIAGNOSIS OF PATIENTS WITH
GLAUCOMA OR OCULAR HYPERTENSION WHICH EXAMINATIONS WERE PART OF THEIR
TRAINING AND WERE UNDER PHYSICIAN SUPERVISION.
7. CONTINUING EDUCATION. A. EACH OPTOMETRIST CERTIFIED TO USE TOPICAL
THERAPEUTIC PHARMACEUTICAL AGENTS AND THERAPEUTIC PHARMACEUTICAL AGENTS
FOR TREATMENT OF GLAUCOMA AND OCULAR HYPERTENSION, SHALL COMPLETE A
MINIMUM OF THIRTY-SIX HOURS OF CONTINUING EDUCATION IN THE AREA OF
OCULAR DISEASE AND PHARMACOLOGY PER TRIENNIAL REGISTRATION PERIOD. EACH
OPTOMETRIST CERTIFIED TO USE ORAL THERAPEUTIC PHARMACEUTICAL AGENTS
SHALL, IN ADDITION TO THE MINIMUM THIRTY-SIX HOURS OF CONTINUING EDUCA-
TION PROVIDED FOR IN THIS SUBDIVISION, COMPLETE AN ADDITIONAL MINIMUM OF
EIGHTEEN HOURS OF CONTINUING EDUCATION RELATED TO SYSTEMIC DISEASE AND
THERAPEUTIC TREATMENT PER TRIENNIAL REGISTRATION PERIOD. SUCH EDUCA-
TIONAL PROGRAMS MAY INCLUDE BOTH DIDACTIC AND CLINICAL COMPONENTS AND
SHALL BE APPROVED IN ADVANCE BY THE DEPARTMENT. BEGINNING ON JANUARY
FIRST, TWO THOUSAND TWENTY-FOUR, ALL SPONSORS OF CONTINUING EDUCATION
COURSES SEEKING ADVANCED APPROVAL FROM THE DEPARTMENT SHALL FILE AN
APPLICATION AND PAY A FEE DETERMINED BY THE DEPARTMENT IN ACCORDANCE
WITH THE REGULATIONS OF THE COMMISSIONER. AN OPTOMETRIST SUBJECT TO THE
PROVISIONS OF THIS SUBDIVISION WHOSE FIRST REGISTRATION DATE FOLLOWING
THE EFFECTIVE DATE OF THIS SECTION OCCURS LESS THAN THREE YEARS FROM
SUCH EFFECTIVE DATE, BUT ON OR AFTER JANUARY FIRST, TWO THOUSAND TWEN-
TY-FOUR, SHALL COMPLETE CONTINUING EDUCATION HOURS ON A PRORATED BASIS
AT THE RATE OF ONE HOUR PER MONTH FOR THE PERIOD BEGINNING JANUARY
FIRST, TWO THOUSAND TWENTY-FOUR UP TO THE FIRST REGISTRATION DATE THERE-
AFTER. AN OPTOMETRIST WHO HAS NOT SATISFIED THE MANDATORY CONTINUING
EDUCATION REQUIREMENT PURSUANT TO THIS SUBDIVISION SHALL NOT BE ISSUED A
TRIENNIAL REGISTRATION CERTIFICATE BY THE DEPARTMENT AND SHALL NOT PRAC-
TICE UNLESS AND UNTIL A CONDITIONAL REGISTRATION IS ISSUED AS PROVIDED
FOR IN PARAGRAPH B OF THIS SUBDIVISION. CONTINUING EDUCATION HOURS TAKEN
DURING ONE TRIENNIUM MAY NOT BE TRANSFERRED TO THE SUBSEQUENT TRIENNIUM.
B. THE DEPARTMENT, IN ITS DISCRETION, MAY ISSUE A CONDITIONAL REGIS-
TRATION TO AN OPTOMETRIST WHO FAILS TO MEET THE CONTINUING EDUCATION
REQUIREMENTS ESTABLISHED IN PARAGRAPH A OF THIS SUBDIVISION, BUT WHO
AGREES TO MAKE UP ANY DEFICIENCIES AND COMPLETE 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
OPTOMETRIST WHO IS NOTIFIED OF THE DENIAL OF REGISTRATION FOR FAILURE TO
SUBMIT EVIDENCE, SATISFACTORY TO THE DEPARTMENT, OF REQUIRED CONTINUING
EDUCATION AND WHO PRACTICES WITHOUT SUCH REGISTRATION MAY BE SUBJECT TO
DISCIPLINARY PROCEEDINGS PURSUANT TO SECTION SIXTY-FIVE HUNDRED TEN OF
THIS ARTICLE.
S. 4007--A 392 A. 3007--A
C. IN ACCORDANCE WITH THE INTENT OF THIS SECTION, ADJUSTMENT TO THE
MANDATORY CONTINUING EDUCATION REQUIREMENT MAY BE GRANTED BY THE DEPART-
MENT FOR REASONS OF HEALTH THAT ARE CERTIFIED BY AN APPROPRIATE HEALTH
CARE PROFESSIONAL, FOR EXTENDED ACTIVE DUTY WITH THE ARMED FORCES OF THE
UNITED STATES, OR FOR OTHER GOOD CAUSE ACCEPTABLE TO THE DEPARTMENT
WHICH MAY PREVENT COMPLIANCE.
D. AN OPTOMETRIST NOT ENGAGED IN PRACTICE, AS DETERMINED BY THE
DEPARTMENT, SHALL BE EXEMPT FROM THE MANDATORY CONTINUING EDUCATION
REQUIREMENT UPON THE FILING OF A STATEMENT WITH THE DEPARTMENT DECLARING
SUCH STATUS. ANY LICENSEE WHO RETURNS TO THE PRACTICE OF OPTOMETRY
DURING THE TRIENNIAL REGISTRATION PERIOD SHALL NOTIFY THE DEPARTMENT
PRIOR TO REENTERING THE PROFESSION AND SHALL MEET SUCH CONTINUING EDUCA-
TION REQUIREMENTS AS SHALL BE PRESCRIBED BY REGULATIONS OF THE COMMIS-
SIONER.
E. OPTOMETRISTS SUBJECT TO THE PROVISIONS OF THIS SUBDIVISION SHALL
MAINTAIN ADEQUATE DOCUMENTATION OF COMPLETION OF ACCEPTABLE CONTINUING
EDUCATION CREDITS AND SHALL PROVIDE SUCH DOCUMENTATION AT THE REQUEST OF
THE DEPARTMENT. FAILURE TO PROVIDE SUCH DOCUMENTATION UPON THE REQUEST
OF THE DEPARTMENT SHALL BE AN ACT OF MISCONDUCT SUBJECT TO DISCIPLINARY
PROCEEDINGS PURSUANT TO SECTION SIXTY-FIVE HUNDRED TEN OF THIS ARTICLE.
F. THE MANDATORY CONTINUING EDUCATION FEE SHALL BE DETERMINED BY THE
DEPARTMENT. SUCH FEE SHALL BE PAYABLE ON OR BEFORE THE FIRST DAY OF EACH
TRIENNIAL REGISTRATION PERIOD, AND SHALL BE PAID IN ADDITION TO THE
TRIENNIAL REGISTRATION FEE REQUIRED BY SUBDIVISION EIGHT OF SECTION
SEVENTY-ONE HUNDRED FOUR OF THIS TITLE.
8. NOTICE TO PATIENT WITH THE USE OR PRESCRIPTION OF TOPICAL THERAPEU-
TIC PHARMACEUTICAL AGENTS AND THERAPEUTIC PHARMACEUTICAL AGENTS FOR
TREATMENT OF GLAUCOMA AND OCULAR HYPERTENSION. A. (I) AN OPTOMETRIST
PRESCRIBING TOPICAL STEROIDS OR ANTIVIRAL MEDICATION SHALL INFORM EACH
PATIENT THAT IN THE EVENT THE CONDITION DOES NOT IMPROVE WITHIN FIVE
DAYS, A PHYSICIAN OF THE PATIENT'S CHOICE WILL BE NOTIFIED.
(II) AN OPTOMETRIST ENGAGED IN A WRITTEN CONSULTATION WITH AN OPHTHAL-
MOLOGIST SHALL INFORM A PATIENT DIAGNOSED WITH GLAUCOMA THAT THE OPTOME-
TRIST WILL HAVE THE DIAGNOSIS CONFIRMED AND CO-MANAGED WITH AN OPHTHAL-
MOLOGIST OF THE PATIENT'S CHOICE, OR ONE SELECTED BY THE OPTOMETRIST.
B. IN ADDITION, EACH OPTOMETRIST CERTIFIED TO PRESCRIBE AND USE THERA-
PEUTIC DRUGS SHALL HAVE POSTED CONSPICUOUSLY IN THE OFFICE RECEPTION
AREA THE FOLLOWING NOTICE:
"DR. (NAME), O.D. IS CERTIFIED BY NEW YORK STATE TO USE DRUGS TO DIAG-
NOSE AND TREAT DISEASES OF THE EYE. IN THE EVENT YOUR CONDITION REQUIRES
THE USE OF STEROIDS OR ANTIVIRAL MEDICATION AND YOUR CONDITION DOES NOT
IMPROVE WITHIN FIVE DAYS, A PHYSICIAN OF YOUR CHOICE WILL BE NOTIFIED.
IN THE EVENT YOU ARE DIAGNOSED WITH GLAUCOMA, THE OPTOMETRIST WILL
HAVE YOUR DIAGNOSIS CONFIRMED AND TREATMENT CO-MANAGED WITH AN OPHTHAL-
MOLOGIST (MD) OF YOUR CHOICE, OR IF YOU WISH, ONE SELECTED BY DR.
(NAME)."
THE SECOND PARAGRAPH OF SUCH NOTICE SHALL ONLY BE REQUIRED TO BE
INCLUDED DURING THE PERIOD WHEN THE OPTOMETRIST IS ENGAGED IN A WRITTEN
CONSULTATION PURSUANT TO SUBDIVISION SIX OF THIS SECTION.
9. EDUCATION REVIEW COMMITTEE. AN EDUCATION REVIEW COMMITTEE IS HEREBY
CREATED TO ADVISE AND ASSIST THE COMMISSIONER IN EVALUATING PRE-ACQUIRED
CLINICAL TRAINING. THE MEMBERS OF THE COMMITTEE SHALL BE APPOINTED BY
THE COMMISSIONER IN CONSULTATION WITH THE CHANCELLOR OF THE STATE
UNIVERSITY OF NEW YORK. THE COMMITTEE SHALL CONSIST OF FIVE MEMBERS, TWO
OF WHOM SHALL BE OPTOMETRISTS ON THE FACULTY OF THE SUNY COLLEGE OF
OPTOMETRY, TWO OF WHOM SHALL BE OPHTHALMOLOGISTS WHO, IN ADDITION TO
S. 4007--A 393 A. 3007--A
BEING MEMBERS OF THE FACULTY OF ANY APPROVED MEDICAL SCHOOL IN THIS
STATE AND NOT ALSO FACULTY MEMBERS OF SUNY COLLEGE OF OPTOMETRY, HAVE
SURGICAL PRIVILEGES AT A NEW YORK STATE HOSPITAL. THE FIFTH MEMBER WHO
SHALL BE DESIGNATED AS CHAIR SHALL BE AN EXPERT IN THE FIELD OF PUBLIC
HEALTH AND SHALL BE NEITHER AN OPHTHALMOLOGIST NOR AN OPTOMETRIST.
THE COMMISSIONER SHALL SUBMIT EACH APPLICATION TO THE COMMITTEE FOR
ITS REVIEW AND RECOMMENDATION. IN MAKING SUCH RECOMMENDATION, THE
COMMITTEE SHALL ADVISE AS TO THE NUMBER OF HOURS OF PRE-ACQUIRED CLIN-
ICAL TRAINING, IF ANY, TO BE APPROVED, BASED UPON THE INFORMATION
SUBMITTED WITH THE APPLICATION. IN EVALUATING SUCH TRAINING, THE COMMIT-
TEE SHALL BE AUTHORIZED TO REQUIRE THE SUBMISSION OF SUCH REASONABLE
DOCUMENTATION NEEDED TO FACILITATE THE COMMITTEE'S REVIEW OF THE ADEQUA-
CY AND RELEVANCE OF SUCH TRAINING.
9-A. PRE-ACQUIRED CLINICAL TRAINING. A. EACH OPTOMETRIST REQUESTING
APPROVAL OF PRE-ACQUIRED CLINICAL TRAINING SHALL SUBMIT A WRITTEN APPLI-
CATION TO THE DEPARTMENT. THE COMMISSIONER, IN CONSULTATION WITH THE
EDUCATION REVIEW COMMITTEE MAY PROVIDE CREDIT FOR THE FOLLOWING:
(I) CLINICAL TRAINING ACQUIRED AT AN INSTITUTION ACCREDITED BY A
REGIONAL OR PROFESSIONAL ACCREDITATION ORGANIZATION WHICH IS RECOGNIZED
OR APPROVED BY THE UNITED STATES DEPARTMENT OF EDUCATION AND THE DEPART-
MENT;
(II) CLINICAL TRAINING ACQUIRED AT A FACILITY LICENSED BY THE STATE OF
NEW YORK IN ACCORDANCE WITH ARTICLE TWENTY-EIGHT OF THIS CHAPTER OR AT A
COMPARABLE FACILITY LOCATED IN ANOTHER STATE OR COUNTRY PROVIDED THE
LICENSING REQUIREMENTS OR ACCREDITATION REQUIREMENTS OF SUCH INSTITUTION
ARE COMPARABLE TO THOSE OF NEW YORK STATE;
(III) HOSPITAL AFFILIATIONS, INCLUDING ROUNDS AND PATIENT MANAGEMENT
FOR APPLICANTS HAVING STAFF PRIVILEGES AT SUCH FACILITY;
(IV) CONSULTATION AND CO-MANAGEMENT WITH OPHTHALMOLOGISTS OF PATIENTS
WITH OCULAR DISEASE AND POST-SURGERY RECOVERY;
(V) POSTDOCTORAL ACCREDITED RESIDENCY OR FELLOWSHIP PROGRAMS;
(VI) EXPERIENCE AT AN ACCREDITED EDUCATIONAL INSTITUTION AS A FACULTY
INSTRUCTOR IN CLINICAL PRACTICE, OCULAR DISEASE MANAGEMENT AND PHARMA-
COLOGY;
(VII) EXPERIENCE IN OTHER STATES IN WHICH THE APPLICANT HAS BEEN
CERTIFIED TO USE THERAPEUTIC PHARMACEUTICAL AGENTS.
B. ANY OPTOMETRIST DISAGREEING WITH THE RECOMMENDATION OF THE EDUCA-
TION REVIEW COMMITTEE SHALL HAVE A RIGHT TO APPEAL IN WRITING TO THE
COMMISSIONER. THE DECISION OF THE COMMISSIONER SHALL BE FINAL AND BIND-
ING ON ALL PARTIES.
10. PHARMACEUTICAL AGENTS. OPTOMETRISTS WHO HAVE BEEN APPROVED AND
CERTIFIED BY THE DEPARTMENT SHALL BE PERMITTED TO USE THE FOLLOWING
DRUGS:
A. DIAGNOSTIC PHARMACEUTICALS.
B. THOSE OPTOMETRISTS HAVING BEEN CERTIFIED FOR TOPICAL THERAPEUTIC
PHARMACEUTICAL AGENTS SHALL BE AUTHORIZED TO USE AND PRESCRIBE ALL
TOPICAL THERAPEUTIC PHARMACEUTICAL AGENTS SPECIFIED IN PARAGRAPH E OF
SUBDIVISION ONE OF THIS SECTION, WHICH ARE FDA APPROVED AND COMMERCIALLY
AVAILABLE FOR TOPICAL USE.
IN THE EVENT AN OPTOMETRIST TREATS A PATIENT WITH TOPICAL ANTIVIRAL OR
STEROIDAL DRUGS AND THE PATIENT'S CONDITION EITHER FAILS TO IMPROVE OR
WORSENS WITHIN FIVE DAYS, THE OPTOMETRIST SHALL NOTIFY A PHYSICIAN
DESIGNATED BY THE PATIENT OR, IF NONE, BY THE TREATING OPTOMETRIST.
C. THOSE OPTOMETRISTS HAVING BEEN CERTIFIED FOR THERAPEUTIC PHARMACEU-
TICAL AGENTS FOR TREATMENT OF GLAUCOMA AND OCULAR HYPERTENSION SHALL BE
AUTHORIZED TO USE AND PRESCRIBE THERAPEUTIC PHARMACEUTICAL AGENTS FOR
S. 4007--A 394 A. 3007--A
TREATMENT OF GLAUCOMA AND OCULAR HYPERTENSION SPECIFIED IN PARAGRAPH F
OF SUBDIVISION ONE OF THIS SECTION, WHICH ARE FDA APPROVED AND COMMER-
CIALLY AVAILABLE.
D. THOSE OPTOMETRISTS HAVING BEEN CERTIFIED FOR ORAL THERAPEUTIC PHAR-
MACEUTICAL AGENTS SHALL BE AUTHORIZED TO USE AND PRESCRIBE ORAL THERA-
PEUTIC PHARMACEUTICAL AGENTS SPECIFIED IN PARAGRAPH G OF SUBDIVISION ONE
OF THIS SECTION, WHICH ARE FDA APPROVED AND COMMERCIALLY AVAILABLE AND
SHALL COMPLY WITH ALL SAFETY INFORMATION AND SIDE-EFFECT AND WARNING
ADVISORIES CONTAINED IN THE MOST CURRENT PHYSICIANS' DESK REFERENCE.
E. THOSE OPTOMETRISTS HAVING BEEN CERTIFIED FOR TOPICAL THERAPEUTIC
PHARMACEUTICAL AGENTS, THERAPEUTIC PHARMACEUTICAL AGENTS FOR TREATMENT
OF GLAUCOMA AND OCULAR HYPERTENSION OR ORAL THERAPEUTIC PHARMACEUTICAL
AGENTS SHALL BE AUTHORIZED TO USE AND RECOMMEND ALL NONPRESCRIPTION
MEDICATIONS, WHETHER INTENDED FOR TOPICAL OR ORAL USE, APPROPRIATE FOR
THE TREATMENT OF THE EYE AND ADNEXA.
11. RESPONSIBILITIES OF THE COMMISSIONER. THE COMMISSIONER SHALL ADOPT
REGULATIONS A. PROVIDING FOR THE CERTIFICATION OF GRADUATES OF AN APPRO-
PRIATE PROGRAM APPROVED BY THE DEPARTMENT WHO HAVE SUCCESSFULLY PASSED
THE EXAMINATION ON THE USE OF DIAGNOSTIC AND THERAPEUTIC PHARMACEUTICAL
AGENTS AND WHO HAVE GRADUATED SUBSEQUENT TO JANUARY FIRST, NINETEEN
HUNDRED NINETY-THREE; AND B. PROVIDING FOR THE CERTIFICATION OF OPTOME-
TRISTS WHO HAVE GRADUATED FROM OTHER ACCREDITED COLLEGES OF OPTOMETRY OR
WHO ARE LICENSED TO PRACTICE IN OTHER JURISDICTIONS, HAVE DEMONSTRATED
SUCH USE IN INDEPENDENTLY MANAGED PATIENTS AND ARE SEEKING LICENSURE AND
CERTIFICATION IN NEW YORK.
12. RESPONSIBILITIES OF THE COMMISSIONER. THE COMMISSIONER MAY RECOM-
MEND ADDITIONS OR DELETIONS TO THE DEPARTMENT'S REGULATIONS RELATING TO
OPTOMETRIC USE OF DRUGS EXCEPT THAT SUCH RECOMMENDATIONS SHALL BE LIMIT-
ED ONLY TO ADDITIONS WHICH HAVE BEEN DETERMINED TO BE EQUIVALENT TO
THOSE DRUGS ALREADY AUTHORIZED OR DELETIONS BASED UPON A FINDING THAT
THE DRUGS ARE NO LONGER APPROPRIATE FOR THEIR CURRENT USE OR FOR OTHER
SIMILAR REASONS.
§ 7102. PRACTICE OF OPTOMETRY AND USE OF TITLE "OPTOMETRIST". ONLY A
PERSON LICENSED OR EXEMPT UNDER THIS TITLE SHALL PRACTICE OPTOMETRY OR
USE THE TITLE "OPTOMETRIST".
§ 7103. STATE BOARD FOR OPTOMETRY. A STATE BOARD FOR OPTOMETRY SHALL
BE APPOINTED BY THE COMMISSIONER FOR THE PURPOSE OF ASSISTING THE
DEPARTMENT ON MATTERS OF PROFESSIONAL LICENSING AND PROFESSIONAL CONDUCT
IN ACCORDANCE WITH SECTION SIXTY-FIVE HUNDRED EIGHT OF THIS ARTICLE. THE
BOARD SHALL BE COMPOSED OF NOT LESS THAN SEVEN OPTOMETRISTS WHO SHALL
HAVE BEEN RESIDENTS OF THIS STATE ENGAGED IN THE PRACTICE OF OPTOMETRY
FOR AT LEAST FIVE YEARS IN THIS STATE. AN EXECUTIVE SECRETARY TO THE
BOARD SHALL BE APPOINTED BY THE COMMISSIONER.
§ 7104. REQUIREMENTS FOR A PROFESSIONAL LICENSE. TO QUALIFY FOR A
LICENSE AS AN OPTOMETRIST, AN APPLICANT SHALL FULFILL THE FOLLOWING
REQUIREMENTS:
(1) APPLICATION: FILE AN APPLICATION WITH THE DEPARTMENT;
(2) EDUCATION: HAVE RECEIVED AN EDUCATION, INCLUDING A DEGREE OF
DOCTOR OF OPTOMETRY OR EQUIVALENT DEGREE, IN ACCORDANCE WITH THE COMMIS-
SIONER'S REGULATIONS;
(3) EXPERIENCE: HAVE EXPERIENCE SATISFACTORY TO THE BOARD AND IN
ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS;
(4) EXAMINATION: PASS AN EXAMINATION SATISFACTORY TO THE BOARD AND IN
ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS;
(5) AGE: BE AT LEAST TWENTY-ONE YEARS OF AGE;
(6) CITIZENSHIP: MEET NO REQUIREMENT AS TO UNITED STATES CITIZENSHIP;
S. 4007--A 395 A. 3007--A
(7) CHARACTER: BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE DEPART-
MENT; AND
(8) FEES: PAY A FEE OF TWO HUNDRED TWENTY DOLLARS TO THE DEPARTMENT
FOR ADMISSION TO A DEPARTMENT CONDUCTED EXAMINATION AND FOR AN INITIAL
LICENSE, A FEE OF ONE HUNDRED FIFTEEN DOLLARS FOR EACH REEXAMINATION, A
FEE OF ONE HUNDRED THIRTY-FIVE DOLLARS FOR AN INITIAL LICENSE FOR
PERSONS NOT REQUIRING ADMISSION TO A DEPARTMENT CONDUCTED EXAMINATION, A
FEE OF TWO HUNDRED TEN DOLLARS FOR EACH TRIENNIAL REGISTRATION PERIOD,
FOR ADDITIONAL AUTHORIZATION FOR THE PURPOSE OF UTILIZING DIAGNOSTIC
PHARMACEUTICAL AGENTS, A FEE OF SIXTY DOLLARS, AND FOR CERTIFICATION TO
USE OR PRESCRIBE ORAL THERAPEUTIC PHARMACEUTICAL AGENTS, A FEE OF TWO
HUNDRED FIFTY DOLLARS.
§ 7105. EXEMPT PERSONS. NOTHING IN THIS TITLE SHALL BE CONSTRUED TO
AFFECT OR PREVENT:
1. A STUDENT FROM ENGAGING IN CLINICAL PRACTICE UNDER SUPERVISION OF A
LICENSED OPTOMETRIST OR PHYSICIAN IN A SCHOOL OF OPTOMETRY IN THIS STATE
REGISTERED BY THE DEPARTMENT; OR
2. A PERSON LICENSED TO PRACTICE OPTOMETRY FROM USING A DEGREE
CONFERRED IN COURSE AFTER RESIDENT STUDY BY AN EDUCATIONAL INSTITUTION
LAWFULLY AUTHORIZED BY THE STATE IN WHICH IT IS LOCATED TO CONFER SUCH A
DEGREE.
3. AN OPTOMETRIST LICENSED IN ANOTHER STATE OR COUNTRY WHO IS EMPLOYED
ON A FULL-TIME BASIS BY A REGISTERED SCHOOL OF OPTOMETRY AS A FACULTY
MEMBER WITH THE RANK OF ASSISTANT PROFESSOR OR HIGHER FROM CONDUCTING
RESEARCH AND CLINICAL DEMONSTRATIONS AS PART OF SUCH EMPLOYMENT, UNDER
THE SUPERVISION OF A LICENSED OPTOMETRIST AND ON THE PREMISES OF THE
SCHOOL. NO FEE MAY BE CHARGED FOR THE PRACTICE OF OPTOMETRY AUTHORIZED
BY THIS SUBDIVISION.
4. A. A PERSON IN TRAINING OR APPROPRIATELY TRAINED AND DEEMED QUALI-
FIED BY THE SUPERVISING LICENSED OPTOMETRIST, TO ASSIST A LICENSED OPTO-
METRIST IN THE CARE OF A PATIENT FOR THE PURPOSE OF INSTILLING MYDRIATIC
OR CYCLOPLEGIC EYE DROPS AND ANESTHETIC EYE DROPS IN CONJUNCTION WITH
SUCH DILATING DROPS TO THE SURFACE OF THE EYE OF A PATIENT, PROVIDED
THAT THE PERSON INSTILLING SUCH EYE DROPS IS:
(I) UNDER THE ON-SITE SUPERVISION OF A SUPERVISING LICENSED OPTOME-
TRIST;
(II) AT LEAST EIGHTEEN YEARS OF AGE; AND
(III) COMPLIES WITH STANDARDS ISSUED BY THE DEPARTMENT.
B. THE SUPERVISING LICENSED OPTOMETRIST SHALL SUBMIT A FORM PRESCRIBED
BY THE DEPARTMENT, DETAILING THE IDENTITY OF EACH PERSON INSTILLING
MYDRIATIC OR CYCLOPLEGIC EYE DROPS AND ANESTHETIC EYE DROPS IN CONJUNC-
TION WITH SUCH DILATING DROPS TO THE SURFACE OF THE EYE OF A PATIENT,
UNDER HIS OR HER SUPERVISION, ATTESTING TO COMPLIANCE WITH THE ABOVE
REQUIREMENTS.
C. THE SUPERVISING LICENSED OPTOMETRIST'S USE OF ANY SUCH PERSON
PURSUANT TO THE TERMS OF THIS SUBDIVISION SHALL BE UNDERTAKEN WITH
PROFESSIONAL JUDGMENT IN ORDER TO ENSURE THE SAFETY AND WELL-BEING OF
THE PATIENT. SUCH USE SHALL SUBJECT THE LICENSED OPTOMETRIST TO THE
FULL DISCIPLINARY AND REGULATORY AUTHORITY OF THE DEPARTMENT PURSUANT TO
THIS TITLE. THE LICENSED OPTOMETRIST MUST NOTIFY THE PATIENT OR THE
PATIENT'S DESIGNATED HEALTH CARE SURROGATE THAT THE LICENSED OPTOMETRIST
MAY UTILIZE THE SERVICES OF AN INDIVIDUAL TO ADMINISTER CERTAIN EYE
DROPS AND MUST PROVIDE THE PATIENT OR THE PATIENT'S DESIGNATED HEALTH
CARE SURROGATE THE OPPORTUNITY TO REFUSE THE LICENSED OPTOMETRIST'S PLAN
TO UTILIZE SUCH PERSON.
S. 4007--A 396 A. 3007--A
§ 7106. SPECIAL PROVISIONS. 1. THE TESTIMONY AND REPORTS OF A LICENSED
OPTOMETRIST SHALL BE RECEIVED BY ANY OFFICIAL, BOARD, COMMISSION OR
OTHER AGENCY OF THE STATE OR OF ANY OF ITS SUBDIVISIONS OR MUNICI-
PALITIES AS QUALIFIED EVIDENCE WITH RESPECT TO ANY MATTER DEFINED IN
SECTION SEVENTY-ONE HUNDRED ONE OF THIS TITLE; AND NO OFFICIAL, BOARD,
COMMISSION, OR OTHER AGENCY OF THE STATE OR ANY OF ITS SUBDIVISIONS OR
MUNICIPALITIES SHALL DISCRIMINATE AMONG THE PRACTITIONERS OF OPTOMETRY
AND ANY OTHER OCULAR PRACTITIONERS.
2. EYEGLASSES OR LENSES FOR THE CORRECTION OF VISION OR NON-CORRECTIVE
CONTACT LENSES MAY BE SOLD BY ANY PERSON, FIRM OR CORPORATION AT RETAIL,
ONLY ON PRESCRIPTION OF A LICENSED PHYSICIAN OR LICENSED OPTOMETRIST AND
ONLY IF A LICENSED PHYSICIAN, OPTOMETRIST OR OPHTHALMIC DISPENSER IS IN
CHARGE OF AND IN PERSONAL ATTENDANCE AT THE PLACE OF SALE. THIS TITLE
SHALL NOT APPLY TO BINOCULARS, TELESCOPES, OR OTHER LENSES USED FOR
SIMPLE MAGNIFICATION; EXCEPT, THAT A SELLER OF NON-PRESCRIPTION READY-
TO-WEAR MAGNIFYING SPECTACLES OR GLASSES SHALL HAVE THE FOLLOWING
LANGUAGE ATTACHED TO EACH PAIR OF GLASSES OR SPECTACLES DISPLAYED OR
OFFERED FOR SALE AND IN AT LEAST TEN POINT BOLD TYPE PERMANENTLY AFFIXED
IN PLAIN VIEW TO THE TOP OF ANY POINT OF SALE DISPLAY OR, IF THERE IS NO
DISPLAY, IN THE AREA OF SALE: "ATTENTION; READY-TO-WEAR NON-PRESCRIPTION
GLASSES ARE NOT INTENDED TO REPLACE PRESCRIBED CORRECTIVE LENSES OR
EXAMINATIONS BY AN EYE CARE PROFESSIONAL. CONTINUOUS EYE CHECK-UPS ARE
NECESSARY TO DETERMINE YOUR EYE HEALTH STATUS AND VISION NEEDS." AS USED
IN THIS SUBDIVISION "NON-PRESCRIPTION, READY TO WEAR MAGNIFYING SPECTA-
CLES OR GLASSES" MEANS SPHERICAL CONVEX LENSES, UNIFORM IN EACH MERIDI-
AN, WHICH ARE ENCASED IN EYEGLASS FRAMES AND INTENDED TO AMELIORATE THE
SYMPTOMS OF PRESBYOPIA. THE LENSES IN SUCH GLASSES SHALL BE OF UNIFORM
FOCUS POWER IN EACH EYE AND SHALL NOT EXCEED 2.75 DIOPTERS.
3. IT SHALL BE A CLASS A MISDEMEANOR TO PRACTICE ANY FRAUD, DECEIT OR
MISREPRESENTATION IN ANY ADVERTISING RELATED TO OPTOMETRIC SERVICES.
§ 7107. ADVERTISING OF NON-PRESCRIPTION READY-TO-WEAR MAGNIFYING SPEC-
TACLES OR GLASSES. 1. ANY PRINTED ADVERTISING FOR NON-PRESCRIPTION READ-
Y-TO-WEAR MAGNIFYING SPECTACLES OR GLASSES TO BE SOLD THROUGH THE MAIL
ALSO SHALL INCLUDE THE STATEMENT, "ATTENTION; READY-TO-WEAR NON-PRES-
CRIPTION GLASSES ARE NOT INTENDED TO REPLACE PRESCRIBED CORRECTIVE LENS-
ES OR EXAMINATIONS BY AN EYE CARE PROFESSIONAL. CONTINUOUS EYE
CHECK-UPS ARE NECESSARY TO DETERMINE YOUR EYE HEALTH STATUS AND VISION
NEEDS." AS USED IN THIS SECTION, "NON-PRESCRIPTION, READY TO WEAR MAGNI-
FYING SPECTACLES OR GLASSES" MEANS SPHERICAL CONVEX LENSES, UNIFORM IN
EACH MERIDIAN, WHICH ARE ENCASED IN EYEGLASS FRAMES AND INTENDED TO
AMELIORATE THE SYMPTOMS OF PRESBYOPIA. THE LENSES IN SUCH GLASSES SHALL
BE OF UNIFORM FOCUS POWER IN EACH EYE AND SHALL NOT EXCEED 2.75 DIOP-
TERS.
2. ANY PERSON, HIS OR HER AGENT OR EMPLOYEE WHO SHALL VIOLATE ANY
PROVISION OF THIS SECTION SHALL BE SUBJECT TO A CIVIL PENALTY OF NOT
LESS THAN TWENTY-FIVE DOLLARS NOR MORE THAN TWO HUNDRED FIFTY DOLLARS
FOR EACH VIOLATION. FOR PURPOSES OF THIS SECTION, THE SALE OR OFFER FOR
SALE OF EACH PAIR OF NON-PRESCRIPTION READY-TO-WEAR MAGNIFYING SPECTA-
CLES OR GLASSES WHICH FAIL TO MEET THE STANDARDS OF THIS SECTION SHALL
CONSTITUTE A VIOLATION.
TITLE 16
OPHTHALMIC DISPENSING
SECTION 7120. INTRODUCTION.
7121. DEFINITION OF PRACTICE OF OPHTHALMIC DISPENSING.
S. 4007--A 397 A. 3007--A
7122. PRACTICE OF OPHTHALMIC DISPENSING AND USE OF TITLE
"OPHTHALMIC DISPENSER" OR "OPTICIAN".
7123. STATE BOARD FOR OPHTHALMIC DISPENSING.
7124. REQUIREMENTS FOR A PROFESSIONAL LICENSE.
7125. EXEMPTIONS.
7126. SPECIAL PROVISIONS.
7127. ADVERTISING OF NON-PRESCRIPTION READY-TO-WEAR MAGNIFYING
SPECTACLES OR GLASSES.
7128. MANDATORY CONTINUING EDUCATION.
§ 7120. INTRODUCTION. THIS TITLE SHALL APPLY TO THE PROFESSION OF
OPHTHALMIC DISPENSING. THE GENERAL PROVISIONS FOR ALL PROFESSIONS
CONTAINED IN TITLE ONE OF THIS ARTICLE SHALL APPLY TO THIS TITLE.
§ 7121. DEFINITION OF PRACTICE OF OPHTHALMIC DISPENSING. THE PRACTICE
OF THE PROFESSION OF "OPHTHALMIC DISPENSING", FOR THE PURPOSES OF THIS
CHAPTER, IS DEFINED AS ADAPTING AND FITTING LENSES, FOR THE CORRECTION
OF DEFICIENCIES, DEFORMITIES, OR ANOMALIES, OF THE HUMAN EYES, OR ADAPT-
ING AND FITTING NON-CORRECTIVE CONTACT LENSES, ON WRITTEN PRESCRIPTIONS
FROM A LICENSED PHYSICIAN OR OPTOMETRIST. REPLACEMENTS OR DUPLICATES OF
SUCH LENSES MAY BE ADAPTED AND DISPENSED WITHOUT PRESCRIPTION. CONTACT
LENSES MAY BE FITTED BY AN OPHTHALMIC DISPENSER ONLY UNDER THE PERSONAL
SUPERVISION OF A LICENSED PHYSICIAN OR OPTOMETRIST.
§ 7122. PRACTICE OF OPHTHALMIC DISPENSING AND USE OF TITLE "OPHTHALMIC
DISPENSER" OR "OPTICIAN". ONLY A PERSON LICENSED OR EXEMPT UNDER THIS
TITLE OR A CORPORATION, PARTNERSHIP, OR PERSONS DOING BUSINESS UNDER AN
ASSUMED NAME AND EITHER COMPOSED OF LICENSED OPHTHALMIC DISPENSERS OR
EMPLOYING LICENSED OPHTHALMIC DISPENSERS SHALL PRACTICE OPHTHALMIC
DISPENSING OR USE THE TITLE "OPHTHALMIC DISPENSER", "OPTICIAN", "OPTICAL
TECHNICIAN", "DISPENSING OPTICIAN", OR "OPTICAL DISPENSER".
§ 7123. STATE BOARD FOR OPHTHALMIC DISPENSING. A STATE BOARD FOR
OPHTHALMIC DISPENSING SHALL BE APPOINTED BY THE COMMISSIONER FOR THE
PURPOSE OF ASSISTING THE DEPARTMENT ON MATTERS OF PROFESSIONAL LICENSING
AND PROFESSIONAL CONDUCT IN ACCORDANCE WITH SECTION SIXTY-FIVE HUNDRED
EIGHT OF THIS ARTICLE. SUCH BOARD SHALL BE COMPOSED OF NOT LESS THAN
SEVEN LICENSED OPHTHALMIC DISPENSERS WHO SHALL HAVE BEEN RESIDENTS OF
THIS STATE ENGAGED IN THE PRACTICE OF OPHTHALMIC DISPENSING FOR AT LEAST
FIVE YEARS IN THIS STATE. AN EXECUTIVE SECRETARY TO SUCH BOARD SHALL BE
APPOINTED BY THE COMMISSIONER. AS USED IN THIS TITLE, THE TERM "THE
BOARD" SHALL MEAN THE STATE BOARD FOR OPHTHALMIC DISPENSING APPOINTED
PURSUANT TO THIS SECTION.
§ 7124. REQUIREMENTS FOR A PROFESSIONAL LICENSE. 1. TO QUALIFY FOR A
LICENSE AS AN OPHTHALMIC DISPENSER, AN APPLICANT SHALL FULFILL THE
FOLLOWING REQUIREMENTS:
A. APPLICATION: FILE AN APPLICATION WITH THE DEPARTMENT;
B. EDUCATION: HAVE RECEIVED AN EDUCATION, INCLUDING HIGH SCHOOL GRADU-
ATION AND COMPLETION, IN ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS,
OF EITHER (I) A TWO-YEAR PROGRAM IN OPHTHALMIC DISPENSING; OR (II) TWO
YEARS OF TRAINING AND EXPERIENCE IN OPHTHALMIC DISPENSING UNDER THE
SUPERVISION OF A LICENSED OPHTHALMIC DISPENSER, OPTOMETRIST, OR PHYSI-
CIAN;
C. EXPERIENCE: HAVE EXPERIENCE SATISFACTORY TO THE BOARD AND IN
ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS;
D. EXAMINATION: PASS AN EXAMINATION SATISFACTORY TO THE BOARD AND IN
ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS;
E. AGE: BE AT LEAST EIGHTEEN YEARS OF AGE;
F. CITIZENSHIP: MEET NO REQUIREMENT AS TO UNITED STATES CITIZENSHIP;
S. 4007--A 398 A. 3007--A
G. CHARACTER: BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE DEPART-
MENT; AND
H. FEES: PAY A FEE OF ONE HUNDRED FIFTEEN DOLLARS TO THE DEPARTMENT
FOR ADMISSION TO A DEPARTMENT-CONDUCTED EXAMINATION AND FOR AN INITIAL
LICENSE, A FEE OF FORTY-FIVE DOLLARS FOR EACH REEXAMINATION, A FEE OF
FIFTY DOLLARS FOR AN INITIAL LICENSE FOR PERSONS NOT REQUIRING ADMISSION
TO A DEPARTMENT CONDUCTED EXAMINATION, AND A FEE OF FIFTY DOLLARS FOR
EACH TRIENNIAL REGISTRATION PERIOD.
2. A PERSON LICENSED AFTER JULY FIRST, NINETEEN HUNDRED SEVENTY-THREE
SHALL BE PERMITTED TO FIT CONTACT LENSES ONLY IF THE LICENSEE, IN ADDI-
TION TO THE REQUIREMENTS OF SUBDIVISION A OF THIS SECTION, SHALL (1)
PASS A SEPARATE EXAMINATION SATISFACTORY TO THE BOARD AND IN ACCORDANCE
WITH THE COMMISSIONER'S REGULATIONS; AND (2) HAVE THE REQUISITE EXPERI-
ENCE IN THE FITTING OF CONTACT LENSES SATISFACTORY TO THE BOARD AND IN
ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS.
§ 7125. EXEMPTIONS. NOTHING IN THIS TITLE SHALL BE CONSTRUED TO AFFECT
OR PREVENT:
1. AN UNLICENSED PERSON FROM PERFORMING MERELY MECHANICAL WORK UPON
INERT MATTER IN AN OPTICAL OFFICE, LABORATORY, OR SHOP;
2. A STUDENT FROM ENGAGING IN CLINICAL PRACTICE, UNDER THE SUPERVISION
OF A LICENSED OPHTHALMIC DISPENSER OR LICENSED OPTOMETRIST, OR LICENSED
PHYSICIAN, IN AN OPHTHALMIC DISPENSING SCHOOL OR COLLEGE REGISTERED BY
THE DEPARTMENT; OR
3. THE DEPARTMENT FROM ISSUING A LIMITED PERMIT TO AN APPLICANT WHO
MEETS ALL REQUIREMENTS FOR ADMISSION TO THE LICENSING EXAMINATION
REQUIRED UNDER SECTION SEVENTY-ONE HUNDRED TWENTY-FOUR OF THIS TITLE,
PROVIDED, HOWEVER, THAT:
A. PRACTICE UNDER A LIMITED PERMIT SHALL BE UNDER THE SUPERVISION OF A
LICENSED PHYSICIAN, OPTOMETRIST OR OPHTHALMIC DISPENSER.
B. A LIMITED PERMIT SHALL EXPIRE AFTER TWO YEARS, OR UPON NOTICE TO
THE APPLICANT THAT THE APPLICATION FOR LICENSURE HAS BEEN DENIED, OR TEN
DAYS AFTER NOTIFICATION TO THE APPLICANT OF FAILURE ON THE PROFESSIONAL
LICENSING EXAMINATION, WHICHEVER SHALL FIRST OCCUR. NOTWITHSTANDING THE
FOREGOING PROVISIONS OF THIS SUBDIVISION, IF THE APPLICANT IS WAITING
FOR THE RESULT OF A LICENSING EXAMINATION AT THE TIME SUCH LIMITED
PERMIT EXPIRES, SUCH PERMIT SHALL CONTINUE TO BE VALID UNTIL TEN DAYS
AFTER NOTIFICATION TO THE APPLICANT OF THE RESULTS OF SUCH EXAMINATION.
A LIMITED PERMIT WHICH HAS NOT EXPIRED AS A RESULT OF NOTICE OF DENIAL
OF LICENSURE OR OF FAILURE ON THE LICENSING EXAMINATION MAY BE RENEWED
FOR A PERIOD OF NOT MORE THAN ONE ADDITIONAL YEAR, UPON A SHOWING SATIS-
FACTORY TO THE DEPARTMENT THAT THE APPLICANT COULD NOT OBTAIN A LICENSE
WITHIN TWO YEARS.
C. SUPERVISION OF A PERMITTEE BY A LICENSED PHYSICIAN, OPTOMETRIST, OR
OPHTHALMIC DISPENSER SHALL BE ON-SITE SUPERVISION BUT NOT NECESSARILY
DIRECT PERSONAL SUPERVISION.
D. THE FEE FOR EACH LIMITED PERMIT AND FOR EACH RENEWAL SHALL BE THIR-
TY-FIVE DOLLARS. THE FEE FOR ISSUANCE OF A TRAINING PERMIT SHALL BE
THIRTY DOLLARS.
§ 7126. SPECIAL PROVISIONS. 1. EYEGLASSES OR LENSES FOR THE CORRECTION
OF VISION OR NON-CORRECTIVE CONTACT LENSES MAY BE SOLD BY ANY PERSON,
FIRM OR CORPORATION AT RETAIL, ONLY ON PRESCRIPTION OF A LICENSED PHYSI-
CIAN OR LICENSED OPTOMETRIST AND ONLY IF A LICENSED PHYSICIAN, OPTOME-
TRIST, OR OPHTHALMIC DISPENSER IS IN CHARGE OF AND IN PERSONAL ATTEND-
ANCE AT THE PLACE OF SUCH SALE. THIS TITLE SHALL NOT APPLY TO
BINOCULARS, TELESCOPES, OR OTHER LENSES USED FOR SIMPLE MAGNIFICATION,
EXCEPT THAT A SELLER OF NON-PRESCRIPTION READY-TO-WEAR MAGNIFYING SPEC-
S. 4007--A 399 A. 3007--A
TACLES OR GLASSES SHALL HAVE THE FOLLOWING LANGUAGE ATTACHED TO EACH
PAIR OF GLASSES OR SPECTACLES DISPLAYED OR OFFERED FOR SALE AND IN AT
LEAST TEN-POINT BOLD TYPE PERMANENTLY AFFIXED IN PLAIN VIEW TO THE TOP
OF ANY POINT OF SALE DISPLAY, OR, IF THERE IS NO DISPLAY, IN THE AREA OF
SALE: "ATTENTION: READY-TO-WEAR NON-PRESCRIPTION GLASSES ARE NOT
INTENDED TO REPLACE PRESCRIBED CORRECTIVE LENSES OR EXAMINATIONS BY AN
EYE CARE PROFESSIONAL. CONTINUOUS EYE CHECK-UPS ARE NECESSARY TO DETER-
MINE YOUR EYE HEALTH STATUS AND VISION NEEDS." AS USED IN THIS SUBDIVI-
SION, "NON-PRESCRIPTION, READY-TO-WEAR MAGNIFYING SPECTACLES OR GLASSES"
MEANS SPHERICAL CONVEX LENSES, UNIFORM IN EACH MERIDIAN, WHICH ARE
ENCASED IN EYEGLASS FRAMES AND INTENDED TO AMELIORATE THE SYMPTOMS OF
PRESBYOPIA. THE LENSES IN SUCH GLASSES SHALL BE OF UNIFORM FOCUS POWER
IN EACH EYE AND SHALL NOT EXCEED 2.75 DIOPTERS.
2. IT SHALL BE A CLASS A MISDEMEANOR TO PRACTICE ANY FRAUD, DECEIT OR
MISREPRESENTATION IN ANY ADVERTISING RELATED TO OPHTHALMIC DISPENSING.
§ 7127. ADVERTISING OF NON-PRESCRIPTION READY-TO-WEAR MAGNIFYING SPEC-
TACLES OR GLASSES. 1. ANY PRINTED ADVERTISING FOR NON-PRESCRIPTION READ-
Y-TO-WEAR MAGNIFYING SPECTACLES OR GLASSES TO BE SOLD THROUGH THE MAIL
SHALL INCLUDE THE STATEMENT: "ATTENTION: READY-TO-WEAR NON-PRESCRIPTION
GLASSES ARE NOT INTENDED TO REPLACE PRESCRIBED CORRECTIVE LENSES OR
EXAMINATIONS BY AN EYE CARE PROFESSIONAL. CONTINUOUS EYE CHECK-UPS ARE
NECESSARY TO DETERMINE YOUR EYE HEALTH STATUS AND VISION NEEDS." AS USED
IN THIS SECTION, "NON-PRESCRIPTION, READY-TO-WEAR MAGNIFYING SPECTACLES
OR GLASSES" MEANS SPHERICAL CONVEX LENSES, UNIFORM IN EACH MERIDIAN,
WHICH ARE ENCASED IN EYEGLASS FRAMES AND INTENDED TO AMELIORATE THE
SYMPTOMS OF PRESBYOPIA. THE LENSES IN SUCH GLASSES SHALL BE OF UNIFORM
FOCUS POWER IN EACH EYE AND SHALL NOT EXCEED 2.75 DIOPTERS.
2. ANY PERSON OR HIS OR HER AGENT OR EMPLOYEE WHO VIOLATES ANY
PROVISION OF THIS SECTION SHALL BE SUBJECT TO A CIVIL PENALTY OF NOT
LESS THAN TWENTY-FIVE DOLLARS NOR MORE THAN TWO HUNDRED FIFTY DOLLARS
FOR EACH SUCH VIOLATION. FOR PURPOSES OF THIS SECTION, THE SALE OR OFFER
FOR SALE OF EACH PAIR OF NON-PRESCRIPTION READY-TO-WEAR MAGNIFYING SPEC-
TACLES OR GLASSES THAT FAIL TO MEET THE STANDARDS OF THIS SECTION SHALL
CONSTITUTE A VIOLATION OF THIS SECTION.
§ 7128. MANDATORY CONTINUING EDUCATION. 1. A. EACH LICENSED OPHTHALMIC
DISPENSER REQUIRED UNDER THIS TITLE TO REGISTER TRIENNIALLY WITH THE
DEPARTMENT TO PRACTICE IN THE STATE SHALL COMPLY WITH THE PROVISIONS OF
THE MANDATORY CONTINUING EDUCATION REQUIREMENTS PRESCRIBED IN SUBDIVI-
SION TWO OF THIS SECTION, EXCEPT AS OTHERWISE SET FORTH IN PARAGRAPHS A
AND C OF THIS SUBDIVISION. OPHTHALMIC DISPENSERS WHO DO NOT SATISFY SUCH
MANDATORY CONTINUING EDUCATION REQUIREMENTS SHALL NOT PRACTICE UNTIL
THEY HAVE MET SUCH REQUIREMENTS, AND THEY HAVE BEEN ISSUED A REGISTRA-
TION CERTIFICATE, EXCEPT THAT AN OPHTHALMIC DISPENSER MAY PRACTICE WITH-
OUT HAVING MET SUCH REQUIREMENTS IF HE OR SHE IS ISSUED A CONDITIONAL
REGISTRATION CERTIFICATE PURSUANT TO SUBDIVISION THREE OF THIS SECTION.
B. OPHTHALMIC DISPENSERS 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,
ADJUSTMENT TO THE MANDATORY CONTINUING EDUCATION REQUIREMENT 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 OPHTHALMIC DISPENSER NOT ENGAGED IN PRACTICE, AS DETER-
MINED BY THE DEPARTMENT, SHALL BE EXEMPT FROM THE MANDATORY CONTINUING
EDUCATION REQUIREMENT UPON THE FILING OF A STATEMENT WITH THE DEPARTMENT
S. 4007--A 400 A. 3007--A
DECLARING SUCH STATUS. ANY LICENSEE WHO RETURNS TO THE PRACTICE OF
OPHTHALMIC DISPENSING 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 REGU-
LATIONS OF THE COMMISSIONER.
2. DURING EACH TRIENNIAL REGISTRATION PERIOD AN APPLICANT FOR REGIS-
TRATION AS AN OPHTHALMIC DISPENSER SHALL COMPLETE A MINIMUM OF EIGHTEEN
HOURS OF ACCEPTABLE FORMAL CONTINUING EDUCATION, AS SPECIFIED IN SUBDI-
VISION FOUR OF THIS SECTION; PROVIDED THAT THREE HOURS MAY BE IN RECOG-
NIZED AREAS OF STUDY PERTINENT TO THE DISPENSING AND FITTING OF CONTACT
LENSES. DURING EACH TRIENNIAL REGISTRATION PERIOD AN APPLICANT FOR
REGISTRATION AS AN OPHTHALMIC DISPENSER AND CERTIFIED TO FIT CONTACT
LENSES SHALL COMPLETE TWENTY HOURS OF ACCEPTABLE FORMAL CONTINUING
EDUCATION, AS SPECIFIED IN SUBDIVISION FOUR OF THIS SECTION; PROVIDED
THAT TEN HOURS SHALL BE IN RECOGNIZED AREAS OF STUDY PERTINENT TO THE
DISPENSING AND FITTING OF CONTACT LENSES. ANY OPHTHALMIC DISPENSER WHOSE
FIRST REGISTRATION DATE FOLLOWING THE EFFECTIVE DATE OF THIS SECTION
OCCURS LESS THAN THREE YEARS FROM SUCH EFFECTIVE DATE, BUT ON OR AFTER
JANUARY FIRST, NINETEEN HUNDRED NINETY-NINE, SHALL COMPLETE CONTINUING
EDUCATION HOURS ON A PRORATED BASIS AT THE RATE OF ONE-HALF HOUR PER
MONTH FOR THE PERIOD BEGINNING JANUARY FIRST, NINETEEN HUNDRED NINETY-
EIGHT UP TO THE FIRST REGISTRATION DATE THEREAFTER. A LICENSEE WHO HAS
NOT SATISFIED THE MANDATORY CONTINUING EDUCATION REQUIREMENTS SHALL NOT
BE ISSUED A TRIENNIAL REGISTRATION CERTIFICATE BY THE DEPARTMENT AND
SHALL NOT PRACTICE UNLESS AND UNTIL A CONDITIONAL REGISTRATION CERTIF-
ICATE IS ISSUED AS PROVIDED FOR IN SUBDIVISION THREE OF THIS SECTION.
CONTINUING EDUCATION HOURS TAKEN DURING ONE TRIENNIUM MAY NOT BE TRANS-
FERRED 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 COMPLETE 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
SUBMIT EVIDENCE, SATISFACTORY TO THE DEPARTMENT, OF REQUIRED CONTINUING
EDUCATION AND WHO PRACTICES WITHOUT SUCH REGISTRATION, MAY BE SUBJECT TO
DISCIPLINARY PROCEEDINGS PURSUANT TO SECTION SIXTY-FIVE HUNDRED TEN OF
THIS ARTICLE.
4. AS USED IN SUBDIVISION TWO OF THIS SECTION, "ACCEPTABLE FORMAL
EDUCATION" SHALL MEAN FORMAL COURSES OF LEARNING WHICH CONTRIBUTE TO
PROFESSIONAL PRACTICE IN OPHTHALMIC DISPENSING AND WHICH MEET THE STAND-
ARDS PRESCRIBED BY REGULATIONS OF THE COMMISSIONER. SUCH FORMAL COURSES
OF LEARNING SHALL INCLUDE, BUT NOT BE LIMITED TO, COLLEGIATE LEVEL CRED-
IT AND NON-CREDIT COURSES. PROFESSIONAL DEVELOPMENT PROGRAMS AND TECHNI-
CAL SESSIONS OFFERED BY NATIONAL, STATE, AND LOCAL PROFESSIONAL ASSOCI-
ATIONS AND OTHER ORGANIZATIONS ACCEPTABLE TO THE DEPARTMENT, AND ANY
OTHER ORGANIZED EDUCATIONAL AND TECHNICAL PROGRAMS ACCEPTABLE TO THE
DEPARTMENT. THE DEPARTMENT, IN ITS DISCRETION AND AS NEEDED TO CONTRIB-
UTE TO THE HEALTH AND WELFARE OF THE PUBLIC, MAY REQUIRE THE COMPLETION
OF CONTINUING EDUCATION COURSES IN SPECIFIC SUBJECTS TO FULFILL SUCH
MANDATORY CONTINUING EDUCATION REQUIREMENT. COURSES MUST BE TAKEN FROM
A SPONSOR APPROVED BY THE DEPARTMENT, PURSUANT TO THE REGULATIONS OF THE
COMMISSIONER.
S. 4007--A 401 A. 3007--A
5. OPHTHALMIC DISPENSERS SHALL MAINTAIN ADEQUATE DOCUMENTATION OF
COMPLETION OF ACCEPTABLE FORMAL CONTINUING EDUCATION AND SHALL PROVIDE
SUCH DOCUMENTATION AT THE REQUEST OF THE DEPARTMENT. FAILURE TO PROVIDE
SUCH DOCUMENTATION UPON THE REQUEST OF THE DEPARTMENT SHALL BE AN ACT OF
MISCONDUCT SUBJECT TO DISCIPLINARY PROCEEDINGS PURSUANT TO SECTION
SIXTY-FIVE HUNDRED TEN OF THIS ARTICLE.
6. THE MANDATORY CONTINUING EDUCATION FEE SHALL BE FORTY-FIVE DOLLARS,
SHALL BE PAYABLE ON OR BEFORE THE FIRST DAY OF EACH TRIENNIAL REGISTRA-
TION PERIOD, AND SHALL BE PAID IN ADDITION TO THE TRIENNIAL REGISTRATION
FEE REQUIRED BY SECTION SEVENTY-ONE HUNDRED TWENTY-FOUR OF THIS TITLE.
TITLE 17
PSYCHOLOGY
SECTION 7600. INTRODUCTION.
7601. PRACTICE OF PSYCHOLOGY AND USE OF THE TITLE "PSYCHOL-
OGIST".
7601-A. DEFINITION OF THE PRACTICE OF PSYCHOLOGY.
7602. STATE BOARD FOR PSYCHOLOGY.
7603. REQUIREMENTS FOR A PROFESSIONAL LICENSE.
7604. LIMITED PERMITS.
7605. EXEMPT PERSONS.
7606. PROHIBITIONS.
7607. MANDATORY CONTINUING EDUCATION.
§ 7600. INTRODUCTION. THIS TITLE APPLIES TO THE PROFESSION AND PRAC-
TICE OF PSYCHOLOGY AND TO THE USE OF THE TITLE "PSYCHOLOGIST". THE
GENERAL PROVISIONS FOR ALL PROFESSIONS CONTAINED IN TITLE ONE OF THIS
ARTICLE SHALL APPLY TO THIS TITLE.
§ 7601. PRACTICE OF PSYCHOLOGY AND USE OF THE TITLE "PSYCHOLOGIST".
ONLY A PERSON LICENSED OR OTHERWISE AUTHORIZED UNDER THIS TITLE SHALL BE
AUTHORIZED TO PRACTICE PSYCHOLOGY OR TO USE THE TITLE "PSYCHOLOGIST" OR
TO DESCRIBE HIS OR HER SERVICES BY USE OF THE WORDS "PSYCHOLOGIST",
"PSYCHOLOGY", OR "PSYCHOLOGICAL" IN CONNECTION WITH HIS OR HER PRACTICE.
§ 7601-A. DEFINITION OF THE PRACTICE OF PSYCHOLOGY. 1. AS USED IN THIS
CHAPTER, THE PRACTICE OF "PSYCHOLOGY" SHALL MEAN THE OBSERVATION,
DESCRIPTION, EVALUATION, INTERPRETATION, AND MODIFICATION OF BEHAVIOR
FOR THE PURPOSE OF PREVENTING OR ELIMINATING SYMPTOMATIC, MALADAPTIVE,
OR UNDESIRED BEHAVIOR; ENHANCING INTERPERSONAL RELATIONSHIPS, PERSONAL,
GROUP, OR ORGANIZATIONAL EFFECTIVENESS AND WORK AND/OR LIFE ADJUSTMENT;
AND IMPROVING BEHAVIORAL HEALTH AND/OR MENTAL HEALTH. THE PRACTICE
INCLUDES, BUT IS NOT LIMITED TO PSYCHOLOGICAL (INCLUDING NEUROPSYCHOLOG-
ICAL) TESTING AND COUNSELING; PSYCHOANALYSIS; PSYCHOTHERAPY; THE DIAGNO-
SIS AND TREATMENT OF MENTAL, NERVOUS, EMOTIONAL, COGNITIVE, OR BEHAV-
IORAL DISORDERS, DISABILITIES, AILMENTS, OR ILLNESSES, ALCOHOLISM,
SUBSTANCE USE, DISORDERS OF HABIT OR CONDUCT, THE PSYCHOLOGICAL ASPECTS
OF PHYSICAL ILLNESS, ACCIDENT, INJURY OR DISABILITY, PSYCHOLOGICAL
ASPECTS OF LEARNING (INCLUDING LEARNING DISORDERS); AND THE USE OF
ACCEPTED CLASSIFICATION SYSTEMS.
2. AS USED IN THIS TITLE, THE TERM "DIAGNOSIS AND TREATMENT" MEANS THE
APPROPRIATE PSYCHOLOGICAL DIAGNOSIS AND THE ORDERING OR PROVIDING OF
TREATMENT ACCORDING TO NEED. TREATMENT INCLUDES, BUT IS NOT LIMITED TO
COUNSELING, PSYCHOTHERAPY, MARITAL OR FAMILY THERAPY, PSYCHOANALYSIS,
AND OTHER PSYCHOLOGICAL INTERVENTIONS, INCLUDING VERBAL, BEHAVIORAL, OR
OTHER APPROPRIATE MEANS AS DEFINED IN REGULATIONS PROMULGATED BY THE
COMMISSIONER.
§ 7602. STATE BOARD FOR PSYCHOLOGY. A STATE BOARD FOR PSYCHOLOGY SHALL
BE APPOINTED BY THE COMMISSIONER FOR THE PURPOSE OF ASSISTING THE
S. 4007--A 402 A. 3007--A
DEPARTMENT ON MATTERS OF PROFESSIONAL LICENSING AND PROFESSIONAL CONDUCT
IN ACCORDANCE WITH SECTION SIXTY-FIVE HUNDRED EIGHT OF THIS ARTICLE. THE
BOARD SHALL BE COMPOSED OF NOT LESS THAN ELEVEN PSYCHOLOGISTS LICENSED
IN THIS STATE. AN EXECUTIVE SECRETARY TO THE BOARD SHALL BE APPOINTED BY
THE COMMISSIONER AND SHALL BE A PSYCHOLOGIST, LICENSED IN THIS STATE. AS
USED IN THIS TITLE, THE TERM "THE BOARD" SHALL MEAN THE STATE BOARD FOR
PSYCHOLOGY APPOINTED PURSUANT TO THIS SECTION.
§ 7603. REQUIREMENTS FOR A PROFESSIONAL LICENSE. TO QUALIFY FOR A
LICENSE AS A PSYCHOLOGIST, AN APPLICANT SHALL FULFILL THE FOLLOWING
REQUIREMENTS:
1. APPLICATION: FILE AN APPLICATION WITH THE DEPARTMENT;
2. EDUCATION: HAVE RECEIVED AN EDUCATION, INCLUDING A DOCTORAL DEGREE
IN PSYCHOLOGY, GRANTED ON THE BASIS OF COMPLETION OF A PROGRAM OF
PSYCHOLOGY REGISTERED WITH THE DEPARTMENT OR THE SUBSTANTIAL EQUIVALENT
THEREOF, IN ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS;
3. EXPERIENCE: HAVE TWO YEARS OF SUPERVISED EMPLOYMENT OR ENGAGEMENT
IN APPROPRIATE PSYCHOLOGY ACTIVITIES SATISFACTORY TO THE BOARD AND IN
ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS. SATISFACTORY EXPERIENCE
OBTAINED IN AN ENTITY OPERATING PURSUANT TO A WAIVER ISSUED BY THE
DEPARTMENT PURSUANT TO SECTION SIXTY-FIVE HUNDRED THREE-A OF THIS ARTI-
CLE MAY BE ACCEPTED BY THE DEPARTMENT, NOTWITHSTANDING THAT SUCH EXPERI-
ENCE MAY HAVE BEEN OBTAINED PRIOR TO THE EFFECTIVE DATE OF SUCH SECTION
SIXTY-FIVE HUNDRED THREE-A AND/OR PRIOR TO THE ENTITY HAVING OBTAINED A
WAIVER. THE DEPARTMENT MAY, FOR GOOD CAUSE SHOWN, ACCEPT SATISFACTORY
EXPERIENCE THAT WAS OBTAINED IN A SETTING THAT WOULD HAVE BEEN ELIGIBLE
FOR A WAIVER BUT WHICH HAS NOT OBTAINED A WAIVER WITH THE DEPARTMENT OR
EXPERIENCE THAT WAS OBTAINED IN GOOD FAITH BY THE APPLICANT UNDER THE
BELIEF THAT APPROPRIATE AUTHORIZATION HAD BEEN OBTAINED FOR THE EXPERI-
ENCE, PROVIDED THAT SUCH EXPERIENCE MEETS ALL OTHER REQUIREMENTS FOR
ACCEPTABLE EXPERIENCE;
4. EXAMINATION: PASS AN EXAMINATION SATISFACTORY TO THE BOARD AND IN
ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS;
5. AGE: BE AT LEAST TWENTY-ONE YEARS OF AGE;
6. CITIZENSHIP: MEET NO REQUIREMENT AS TO UNITED STATES CITIZENSHIP;
7. CHARACTER: BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE DEPART-
MENT; AND
8. FEES: PAY A FEE OF ONE HUNDRED SEVENTY DOLLARS TO THE DEPARTMENT
FOR ADMISSION TO A DEPARTMENT-CONDUCTED EXAMINATION AND FOR AN INITIAL
LICENSE, A FEE OF EIGHTY-FIVE DOLLARS FOR EACH REEXAMINATION, A FEE OF
ONE HUNDRED FIFTEEN DOLLARS FOR AN INITIAL LICENSE FOR PERSONS NOT
REQUIRING ADMISSION TO A DEPARTMENT-CONDUCTED EXAMINATION, AND A FEE OF
ONE HUNDRED FIFTY-FIVE DOLLARS FOR EACH TRIENNIAL REGISTRATION PERIOD.
§ 7604. LIMITED PERMITS. 1. ON RECOMMENDATION OF THE BOARD, THE
DEPARTMENT MAY ISSUE A LIMITED PERMIT TO PRACTICE AS PSYCHOLOGIST TO AN
APPLICANT HOLDING A CERTIFICATE OR LICENSE TO PRACTICE PSYCHOLOGY ISSUED
BY ANOTHER STATE OR COUNTRY, AND WHOSE QUALIFICATIONS HAVE BEEN APPROVED
FOR ADMISSION TO THE EXAMINATION FOR A LICENSE AS PSYCHOLOGIST AND WHO
HAS RESIDED IN THIS STATE FOR A PERIOD OF NOT MORE THAN SIX MONTHS PRIOR
TO THE FILING OF SUCH APPLICATION. SUCH LIMITED PERMIT SHALL BE VALID
FOR A PERIOD OF NOT MORE THAN TWELVE MONTHS, OR UNTIL TEN DAYS AFTER
NOTIFICATION TO THE APPLICANT OF FAILURE OF THE PROFESSIONAL LICENSING
EXAMINATION, OR UNTIL THE RESULTS OF A LICENSING EXAMINATION FOR WHICH
THE APPLICANT IS ELIGIBLE ARE OFFICIALLY RELEASED, WHICHEVER COMES
FIRST.
2. ON THE RECOMMENDATION OF THE BOARD, THE DEPARTMENT MAY ISSUE A
LIMITED PERMIT VALID FOR AN AGGREGATE OF THREE YEARS TO A PERSON WHO HAS
S. 4007--A 403 A. 3007--A
COMPLETED THE DOCTORAL DISSERTATION AND OTHER DOCTORAL DEGREE REQUIRE-
MENTS AND IS GAINING SUPERVISED EXPERIENCE TO MEET THE EXPERIENCE
REQUIREMENTS FOR LICENSURE. SUCH PERMIT MAY BE RE-ISSUED FOR A MAXIMUM
PERIOD OF ONE YEAR FOR GOOD CAUSE, AS DETERMINED BY THE DEPARTMENT.
3. FEES. THE FEE FOR EACH LIMITED PERMIT SHALL BE SEVENTY DOLLARS.
§ 7605. EXEMPT PERSONS. NOTHING IN THIS TITLE SHALL BE CONSTRUED TO
AFFECT OR PREVENT:
1. THE ACTIVITIES, SERVICES, AND USE OF THE TITLE OF PSYCHOLOGIST, OR
ANY DERIVATION THEREOF, ON THE PART OF A PERSON IN THE EMPLOY OF A
FEDERAL, STATE, COUNTY OR MUNICIPAL AGENCY, OR OTHER POLITICAL SUBDIVI-
SION, OR A CHARTERED ELEMENTARY OR SECONDARY SCHOOL OR DEGREE-GRANTING
EDUCATIONAL INSTITUTION INSOFAR AS SUCH ACTIVITIES AND SERVICES ARE A
PART OF THE DUTIES OF HIS OR HER SALARIED POSITION; OR ON THE PART OF A
PERSON IN THE EMPLOY AS A CERTIFIED SCHOOL PSYCHOLOGIST ON A FULL-TIME
OR PART-TIME SALARY BASIS, WHICH MAY INCLUDE ON AN HOURLY, WEEKLY, OR
MONTHLY BASIS, OR ON A FEE FOR EVALUATION SERVICES BASIS PROVIDED THAT
SUCH PERSON EMPLOYED AS A CERTIFIED SCHOOL PSYCHOLOGIST IS EMPLOYED BY
AND UNDER THE DOMINION AND CONTROL OF A PRESCHOOL SPECIAL EDUCATION
PROGRAM APPROVED PURSUANT TO PARAGRAPH B OF SUBDIVISION NINE OR SUBDIVI-
SION NINE-A OF SECTION FORTY-FOUR HUNDRED TEN OF THE EDUCATION LAW TO
PROVIDE ACTIVITIES, SERVICES AND TO USE THE TITLE "CERTIFIED SCHOOL
PSYCHOLOGIST", SO LONG AS THIS SHALL NOT BE CONSTRUED TO PERMIT THE USE
OF THE TITLE "LICENSED PSYCHOLOGIST", TO STUDENTS ENROLLED IN SUCH
APPROVED PROGRAM OR TO CONDUCT A MULTIDISCIPLINARY EVALUATION OF A
PRESCHOOL CHILD HAVING OR SUSPECTED OF HAVING A DISABILITY; OR ON THE
PART OF A PERSON IN THE EMPLOY AS A CERTIFIED SCHOOL PSYCHOLOGIST ON A
FULL-TIME OR PART-TIME SALARY BASIS, WHICH MAY INCLUDE ON AN HOURLY,
WEEKLY OR MONTHLY BASIS, OR ON A FEE FOR EVALUATION SERVICES BASIS
PROVIDED THAT SUCH PERSON EMPLOYED AS A CERTIFIED SCHOOL PSYCHOLOGIST IS
EMPLOYED BY AND UNDER THE DOMINION AND CONTROL OF AN AGENCY APPROVED IN
ACCORDANCE WITH TITLE TWO-A OF ARTICLE TWENTY-FIVE OF THIS CHAPTER TO
DELIVER EARLY INTERVENTION PROGRAM MULTIDISCIPLINARY EVALUATIONS,
SERVICE COORDINATION SERVICES AND EARLY INTERVENTION PROGRAM SERVICES,
EACH IN THE COURSE OF THEIR EMPLOYMENT. NOTHING IN THIS SUBDIVISION
SHALL BE CONSTRUED TO AUTHORIZE A CERTIFIED SCHOOL PSYCHOLOGIST OR GROUP
OF SUCH SCHOOL PSYCHOLOGISTS TO ENGAGE IN INDEPENDENT PRACTICE OR PRAC-
TICE OUTSIDE OF AN EMPLOYMENT RELATIONSHIP.
2. THE ACTIVITIES AND SERVICES REQUIRED OF A STUDENT, INTERN, OR RESI-
DENT IN PSYCHOLOGY, PURSUING A COURSE OF STUDY LEADING TO A DOCTORAL
DEGREE IN PSYCHOLOGY IN AN INSTITUTION APPROVED BY THE DEPARTMENT,
PROVIDED THAT SUCH ACTIVITIES AND SERVICES CONSTITUTE A PART OF HIS OR
HER SUPERVISED COURSE OF STUDY IN PSYCHOLOGY. SUCH PERSONS SHALL BE
DESIGNATED BY THE TITLES "PSYCHOLOGICAL INTERN", "PSYCHOLOGICAL TRAIN-
EE", OR OTHER SUCH TITLE WHICH CLEARLY INDICATES HIS OR HER TRAINING
STATUS.
3. THE PRACTICE, CONDUCT, ACTIVITIES OR SERVICES BY ANY PERSON
LICENSED OR OTHERWISE AUTHORIZED TO PRACTICE MEDICINE WITHIN THE STATE
PURSUANT TO TITLE TWO OF THIS ARTICLE OR BY ANY PERSON REGISTERED TO
PERFORM SERVICES AS A PHYSICIAN ASSISTANT WITHIN THE STATE PURSUANT TO
TITLE THREE OF THIS ARTICLE.
4. THE PRACTICE, CONDUCT, ACTIVITIES, OR SERVICES BY ANY PERSON
LICENSED OR OTHERWISE AUTHORIZED TO PRACTICE NURSING AS A REGISTERED
PROFESSIONAL NURSE OR NURSE PRACTITIONER WITHIN THE STATE PURSUANT TO
TITLE TWELVE OF THIS ARTICLE OR BY ANY PERSON LICENSED OR OTHERWISE
AUTHORIZED TO PRACTICE SOCIAL WORK WITHIN THE STATE PURSUANT TO TITLE
EIGHTEEN OF THIS ARTICLE, OR BY ANY PERSON LICENSED OR OTHERWISE AUTHOR-
S. 4007--A 404 A. 3007--A
IZED TO PRACTICE MENTAL HEALTH COUNSELING, MARRIAGE AND FAMILY THERAPY,
CREATIVE ARTS THERAPY, OR PSYCHOANALYSIS WITHIN THE STATE PURSUANT TO
TITLE TWENTY-FIVE OF THIS ARTICLE, OR ANY PERSON LICENSED OR OTHERWISE
AUTHORIZED TO PRACTICE APPLIED BEHAVIOR ANALYSIS WITHIN THE STATE PURSU-
ANT TO TITLE TWENTY-NINE OF THIS ARTICLE OR ANY INDIVIDUAL WHO IS
CREDENTIALED UNDER ANY LAW, INCLUDING ATTORNEYS, RAPE CRISIS COUNSELORS,
CERTIFIED ALCOHOLISM COUNSELORS, AND CERTIFIED SUBSTANCE ABUSE COUNSE-
LORS FROM PROVIDING MENTAL HEALTH SERVICES WITHIN THEIR RESPECTIVE
ESTABLISHED AUTHORITIES.
5. THE CONDUCT, ACTIVITIES, OR SERVICES OF ANY MEMBER OF THE CLERGY OR
CHRISTIAN SCIENCE PRACTITIONER, IN THE PROVISION OF PASTORAL COUNSELING
SERVICES WITHIN THE CONTEXT OF HIS OR HER MINISTERIAL CHARGE OR OBLI-
GATION.
6. 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.
7. THE PRACTICE, CONDUCT, ACTIVITIES, OR SERVICES OF AN OCCUPATIONAL
THERAPIST FROM PERFORMING WORK CONSISTENT WITH TITLE TWENTY OF THIS
ARTICLE.
8. THE REPRESENTATION AS A PSYCHOLOGIST AND THE RENDERING OF SERVICES
AS SUCH IN THIS STATE FOR A TEMPORARY PERIOD OF A PERSON WHO RESIDES
OUTSIDE THE STATE OF NEW YORK AND WHO ENGAGES IN PRACTICE AS A PSYCHOL-
OGIST AND CONDUCTS THE MAJOR PART OF HIS OR HER PRACTICE AS SUCH OUTSIDE
THIS STATE, PROVIDED SUCH PERSON HAS FILED WITH THE DEPARTMENT EVIDENCE
THAT HE OR SHE HAS BEEN LICENSED OR CERTIFIED IN ANOTHER STATE OR HAS
BEEN ADMITTED TO THE EXAMINATION IN THIS STATE PURSUANT TO SECTION
SEVENTY-SIX HUNDRED THREE OF THIS TITLE. SUCH TEMPORARY PERIOD SHALL
NOT EXCEED TEN CONSECUTIVE BUSINESS DAYS IN ANY PERIOD OF NINETY CONSEC-
UTIVE DAYS OR IN THE AGGREGATE EXCEED MORE THAN FIFTEEN BUSINESS DAYS IN
ANY SUCH NINETY-DAY PERIOD.
9. THE PROVISION OF PSYCHOTHERAPY AS DEFINED IN SUBDIVISION TWO OF
SECTION EIGHTY-FOUR HUNDRED ONE OF THIS ARTICLE TO THE EXTENT PERMISSI-
BLE WITHIN THE SCOPE OF PRACTICE OF PSYCHOLOGY, BY ANY NOT-FOR-PROFIT
CORPORATION OR EDUCATION CORPORATION PROVIDING SERVICES WITHIN THE STATE
OF NEW YORK AND OPERATING UNDER A WAIVER PURSUANT TO SECTION SIXTY-FIVE
HUNDRED THREE-A OF THIS ARTICLE, PROVIDED THAT SUCH ENTITIES OFFERING
PSYCHOLOGY SERVICES SHALL ONLY PROVIDE SUCH SERVICES THROUGH AN INDIVID-
UAL APPROPRIATELY LICENSED OR OTHERWISE AUTHORIZED TO PROVIDE SUCH
SERVICES OR A PROFESSIONAL ENTITY AUTHORIZED BY LAW TO PROVIDE SUCH
SERVICES.
10. A. A PERSON WITHOUT A LICENSE FROM: PERFORMING ASSESSMENTS INCLUD-
ING BUT NOT LIMITED TO BASIC INFORMATION COLLECTION, GATHERING OF DEMO-
GRAPHIC DATA, AND INFORMAL OBSERVATIONS, SCREENING AND REFERRAL USED FOR
GENERAL ELIGIBILITY FOR A PROGRAM OR SERVICE AND DETERMINING THE FUNC-
TIONAL STATUS OF AN INDIVIDUAL FOR THE PURPOSE OF DETERMINING NEED FOR
SERVICES; ADVISING INDIVIDUALS REGARDING THE APPROPRIATENESS OF BENEFITS
THEY ARE ELIGIBLE FOR; PROVIDING GENERAL ADVICE AND GUIDANCE AND ASSIST-
ING INDIVIDUALS OR GROUPS WITH DIFFICULT DAY-TO-DAY PROBLEMS SUCH AS
FINDING EMPLOYMENT, LOCATING SOURCES OF ASSISTANCE, AND ORGANIZING
COMMUNITY GROUPS TO WORK ON A SPECIFIC PROBLEM; PROVIDING PEER SERVICES;
SELECTING FOR SUITABILITY AND PROVIDING SUBSTANCE ABUSE TREATMENT
SERVICES OR GROUP RE-ENTRY SERVICES TO INCARCERATED INDIVIDUALS IN STATE
CORRECTIONAL FACILITIES; OR PROVIDING SUBSTANCE ABUSE TREATMENT SERVICES
OR RE-ENTRY SERVICES TO INCARCERATED INDIVIDUALS IN LOCAL CORRECTIONAL
FACILITIES.
S. 4007--A 405 A. 3007--A
B. A PERSON WITHOUT A LICENSE FROM CREATING, DEVELOPING OR IMPLEMENT-
ING A SERVICE PLAN OR RECOVERY PLAN THAT IS NOT A BEHAVIORAL HEALTH
DIAGNOSIS OR TREATMENT PLAN. SUCH SERVICE OR RECOVERY PLANS SHALL
INCLUDE, BUT ARE NOT LIMITED TO, COORDINATING, EVALUATING OR DETERMINING
THE NEED FOR, OR THE PROVISION OF THE FOLLOWING SERVICES: JOB TRAINING
AND EMPLOYABILITY; HOUSING; HOMELESS SERVICES AND SHELTERS FOR HOMELESS
INDIVIDUALS AND FAMILIES; REFUGEE SERVICES; RESIDENTIAL, DAY OR COMMUNI-
TY HABILITATION SERVICES; GENERAL PUBLIC ASSISTANCE; IN-HOME SERVICES
AND SUPPORTS OR HOME-DELIVERED MEALS; RECOVERY SUPPORTS; ADULT OR CHILD
PROTECTIVE SERVICES INCLUDING INVESTIGATIONS; DETENTION AS DEFINED IN
SECTION FIVE HUNDRED TWO OF THE EXECUTIVE LAW; PREVENTION AND RESIDEN-
TIAL SERVICES FOR VICTIMS OF DOMESTIC VIOLENCE; SERVICES FOR RUNAWAY AND
HOMELESS YOUTH; FOSTER CARE, ADOPTION, PREVENTIVE SERVICES OR SERVICES
IN ACCORDANCE WITH AN APPROVED PLAN PURSUANT TO SECTION FOUR HUNDRED
FOUR OF THE SOCIAL SERVICES LAW, INCLUDING, ADOPTION AND FOSTER HOME
STUDIES AND ASSESSMENTS, FAMILY SERVICE PLANS, TRANSITION PLANS, PERMAN-
ENCY PLANNING ACTIVITIES, AND CASE PLANNING OR CASE MANAGEMENT AS SUCH
TERMS ARE DEFINED IN THE REGULATIONS OF THE OFFICE OF CHILDREN AND FAMI-
LY SERVICES; RESIDENTIAL REHABILITATION; HOME AND COMMUNITY BASED
SERVICES; AND DE-ESCALATION TECHNIQUES, PEER SERVICES OR SKILL DEVELOP-
MENT.
C. (I) A PERSON WITHOUT A LICENSE FROM PARTICIPATING AS A MEMBER OF A
MULTI-DISCIPLINARY TEAM TO ASSIST IN THE DEVELOPMENT OF OR IMPLEMENTA-
TION OF A BEHAVIORAL HEALTH SERVICES OR TREATMENT PLAN; PROVIDED THAT
SUCH TEAM SHALL INCLUDE ONE OR MORE PROFESSIONALS LICENSED UNDER THIS
TITLE OR TITLES TWO, TWELVE, EIGHTEEN OR TWENTY-FIVE OF THIS ARTICLE;
AND PROVIDED, FURTHER, THAT THE ACTIVITIES PERFORMED BY MEMBERS OF THE
TEAM SHALL BE CONSISTENT WITH THE SCOPE OF PRACTICE FOR EACH TEAM MEMBER
LICENSED OR AUTHORIZED UNDER TITLE EIGHT OF THIS ARTICLE, AND THOSE WHO
ARE NOT SO AUTHORIZED MAY NOT ENGAGE IN THE FOLLOWING RESTRICTED PRAC-
TICES: THE DIAGNOSIS OF MENTAL, EMOTIONAL, BEHAVIORAL, ADDICTIVE AND
DEVELOPMENTAL DISORDERS AND DISABILITIES; PATIENT ASSESSMENT AND EVALU-
ATING; THE PROVISION OF PSYCHOTHERAPEUTIC TREATMENT; THE PROVISION OF
TREATMENT OTHER THAN PSYCHOTHERAPEUTIC TREATMENT; OR INDEPENDENTLY
DEVELOPING AND IMPLEMENTING ASSESSMENT-BASED TREATMENT PLANS AS DEFINED
IN SECTION SEVENTY-SEVEN HUNDRED ONE OF THIS ARTICLE.
(II) FOR THE PURPOSES OF THIS PARAGRAPH, "ASSIST" SHALL INCLUDE, BUT
NOT BE LIMITED TO, THE PROVISION OR PERFORMANCE OF THE FOLLOWING TASKS,
SERVICES, OR FUNCTIONS BY AN INDIVIDUAL WHO HAS OBTAINED THE TRAINING
AND EXPERIENCE REQUIRED BY THE APPLICABLE STATE OVERSIGHT AGENCY TO
PERFORM SUCH TASK, SERVICE OR FUNCTION IN FACILITIES OR PROGRAMS OPERAT-
ING PURSUANT TO ARTICLE NINETEEN-G OF THE EXECUTIVE LAW; ARTICLES SEVEN,
SIXTEEN, THIRTY-ONE OR THIRTY-TWO OF THE MENTAL HYGIENE LAW; OR TITLE
THREE OF ARTICLE SEVEN OF THE SOCIAL SERVICES LAW:
(1) HELPING AN INDIVIDUAL WITH THE COMPLETION OF FORMS OR QUESTION-
NAIRES;
(2) REVIEWING EXISTING CASE RECORDS AND COLLECTING BACKGROUND INFORMA-
TION ABOUT AN INDIVIDUAL WHICH MAY BE USED BY THE LICENSED PROFESSIONAL
OR MULTI-DISCIPLINARY TEAM;
(3) GATHERING AND REPORTING INFORMATION ABOUT PREVIOUS BEHAVIORAL
HEALTH INTERVENTIONS, HOSPITALIZATIONS, DOCUMENTED DIAGNOSIS, OR PRIOR
TREATMENT FOR REVIEW BY THE LICENSED PROFESSIONAL AND MULTI-DISCIPLINARY
TEAM;
(4) DISCUSSING WITH THE INDIVIDUAL HIS OR HER SITUATION, NEEDS,
CONCERNS, AND THOUGHTS IN ORDER TO HELP IDENTIFY SERVICES THAT SUPPORT
THE INDIVIDUAL'S GOALS, INDEPENDENCE, AND QUALITY OF LIFE;
S. 4007--A 406 A. 3007--A
(5) PROVIDING ADVICE, INFORMATION, AND ASSISTANCE TO INDIVIDUALS AND
FAMILY MEMBERS TO IDENTIFY NEEDS AND AVAILABLE RESOURCES IN THE COMMUNI-
TY TO HELP MEET THE NEEDS OF THE INDIVIDUAL OR FAMILY MEMBER;
(6) ENGAGING IN IMMEDIATE AND LONG-TERM PROBLEM SOLVING, ENGAGING IN
THE DEVELOPMENT OF SOCIAL SKILLS, OR PROVIDING GENERAL HELP IN AREAS
INCLUDING, BUT NOT LIMITED TO, HOUSING, EMPLOYMENT, CHILD CARE, PARENT-
ING, COMMUNITY-BASED SERVICES, AND FINANCES;
(7) DISTRIBUTING PAPER COPIES OF SELF-ADMINISTERED TESTS FOR THE INDI-
VIDUAL TO COMPLETE WHEN SUCH TESTS DO NOT REQUIRE THE OBSERVATION AND
JUDGMENT OF A LICENSED PROFESSIONAL;
(8) MONITORING TREATMENT BY THE COLLECTION OF WRITTEN AND/OR OBSERVA-
TIONAL DATA IN ACCORDANCE WITH THE TREATMENT PLAN AND PROVIDING VERBAL
OR WRITTEN REPORTS TO THE MULTI-DISCIPLINARY TEAM;
(9) IDENTIFYING GAPS IN SERVICES AND COORDINATING ACCESS TO OR ARRANG-
ING SERVICES FOR INDIVIDUALS SUCH AS HOME CARE, COMMUNITY-BASED
SERVICES, HOUSING, EMPLOYMENT, TRANSPORTATION, CHILD CARE, VOCATIONAL
TRAINING, OR HEALTH CARE;
(10) OFFERING EDUCATION PROGRAMS THAT PROVIDE INFORMATION ABOUT
DISEASE IDENTIFICATION AND RECOMMENDED TREATMENTS THAT MAY BE PROVIDED,
AND HOW TO ACCESS SUCH TREATMENT;
(11) REPORTING ON BEHAVIOR, ACTIONS, AND RESPONSES TO TREATMENT BY
COLLECTING WRITTEN AND/OR OBSERVATIONAL DATA AS PART OF A MULTI-DISCI-
PLINARY TEAM;
(12) USING DE-ESCALATION TECHNIQUES CONSISTENT WITH APPROPRIATE TRAIN-
ING;
(13) PERFORMING ASSESSMENTS USING STANDARDIZED, STRUCTURED INTERVIEW
TOOLS OR INSTRUMENTS;
(14) DIRECTLY DELIVERING SERVICES OUTLINED IN THE SERVICE PLAN THAT
ARE NOT CLINICAL IN NATURE BUT HAVE BEEN TAILORED TO AN INDIVIDUAL BASED
ON ANY DIAGNOSES SUCH INDIVIDUAL MAY HAVE RECEIVED FROM A LICENSED
PROFESSIONAL; AND
(15) ADVOCATING WITH EDUCATIONAL, JUDICIAL OR OTHER SYSTEMS TO PROTECT
AN INDIVIDUAL'S RIGHTS AND ACCESS TO APPROPRIATE SERVICES.
D. PROVIDED, FURTHER, THAT NOTHING IN THIS SUBDIVISION SHALL BE
CONSTRUED AS REQUIRING A LICENSE FOR ANY PARTICULAR ACTIVITY OR FUNCTION
BASED SOLELY ON THE FACT THAT THE ACTIVITY OR FUNCTION IS NOT LISTED IN
THIS SUBDIVISION.
11. A. THE CONDUCT, ACTIVITIES, OR SERVICES OF A TECHNICIAN TO ADMIN-
ISTER AND SCORE STANDARDIZED OBJECTIVE (NON-PROJECTIVE) PSYCHOLOGICAL OR
NEUROPSYCHOLOGICAL TESTS THAT HAVE SPECIFIC PREDETERMINED AND MANUALIZED
ADMINISTRATIVE PROCEDURES WHICH ENTAIL OBSERVING AND DESCRIBING TEST
BEHAVIOR AND TEST RESPONSES, AND WHICH DO NOT REQUIRE EVALUATION, INTER-
PRETATION OR OTHER JUDGMENTS; PROVIDED, HOWEVER, THAT SUCH TECHNICIAN
SHALL:
(I) HOLD NO LESS THAN A BACHELOR'S DEGREE IN PSYCHOLOGY OR A RELATED
FIELD;
(II) UNDERGO A PROCESS OF REGULAR TRAINING BY A LICENSED PSYCHOLOGIST,
WHICH SHALL INCLUDE, BUT NOT BE LIMITED TO A MINIMUM OF EIGHTY TOTAL
HOURS OF (1) PROFESSIONAL ETHICS, (2) STUDYING AND MASTERING INFORMATION
FROM TEST MANUALS, AND (3) DIRECT OBSERVATION OF A LICENSED PSYCHOLOGIST
OR TRAINED TECHNICIAN ADMINISTERING AND SCORING TESTS, IN ADDITION TO A
MINIMUM OF FORTY TOTAL HOURS OF ADMINISTERING AND SCORING TESTS IN THE
PRESENCE OF A LICENSED PSYCHOLOGIST OR TRAINED TECHNICIAN, PROVIDED SUCH
INTERACTION WITH THE LICENSED PSYCHOLOGIST EQUALS OR EXCEEDS FIFTY
PERCENT OF THE TOTAL TRAINING TIME;
S. 4007--A 407 A. 3007--A
(III) BE UNDER THE DIRECT AND ONGOING SUPERVISION OF A LICENSED
PSYCHOLOGIST IN NO GREATER THAN A THREE-TO-ONE RATIO OR THE PART TIME
EQUIVALENT THERETO;
(IV) NOT BE EMPLOYED WITHIN A SCHOOL SETTING; AND
(V) NOT SELECT TESTS, ANALYZE PATIENT DATA, OR COMMUNICATE RESULTS TO
PATIENTS.
B. THE SUPERVISING LICENSED PSYCHOLOGIST MUST SUBMIT, PURSUANT TO A
FORM TO BE PRESCRIBED AND DEVELOPED WITHIN NINETY DAYS OF THE EFFECTIVE
DATE OF THIS SUBDIVISION BY THE DEPARTMENT, A SWORN STATEMENT DETAILING
COMPLIANCE WITH THE ABOVE REQUIREMENTS. THE LICENSED PSYCHOLOGIST'S USE
OF SUCH INDIVIDUAL PURSUANT TO THE TERMS OF THIS SUBDIVISION SHALL BE
UNDERTAKEN ONLY WITH SPECIAL CARE AND PROFESSIONAL JUDGMENT IN ORDER TO
ENSURE THE SAFETY AND WELL-BEING OF THE PATIENT CONSIDERING THE SEVERITY
OF THE SYMPTOMS, THE AGE OF THE PATIENT AND THE LENGTH OF THE EXAMINA-
TION PROCESS, AND SHALL INCLUDE APPROPRIATE ONGOING CONTACT WITH THE
LICENSED PSYCHOLOGIST AT APPROPRIATE INTERVALS. SUCH USE SHALL BE
SUBJECT TO THE FULL DISCIPLINARY AND REGULATORY AUTHORITY OF THE DEPART-
MENT PURSUANT TO THIS TITLE. THE LICENSED PSYCHOLOGIST SHALL NOTIFY THE
PATIENT OR DESIGNATED HEALTH CARE SURROGATE THAT THE LICENSED PSYCHOL-
OGIST MAY UTILIZE THE SERVICES OF A TECHNICIAN TO ADMINISTER CERTAIN
EXAMS, AND SHALL PROVIDE THE PATIENT OR DESIGNATED HEALTH CARE SURROGATE
THE OPPORTUNITY TO OBJECT TO THE LICENSED PSYCHOLOGIST'S PLAN TO UTILIZE
A TECHNICIAN.
12. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, NOTH-
ING IN THIS TITLE SHALL BE CONSTRUED TO PROHIBIT OR LIMIT THE ACTIVITIES
OR SERVICES PROVIDED UNDER THIS TITLE BY ANY PERSON WHO IS EMPLOYED OR
WHO COMMENCES EMPLOYMENT IN A PROGRAM OR SERVICE OPERATED, REGULATED,
FUNDED, OR APPROVED BY THE DEPARTMENT OF MENTAL HYGIENE, THE OFFICE OF
CHILDREN AND FAMILY SERVICES, OR A LOCAL GOVERNMENTAL UNIT AS THAT TERM
IS DEFINED IN SECTION 41.03 OF THE MENTAL HYGIENE LAW OR A SOCIAL
SERVICES DISTRICT AS DEFINED IN SECTION SIXTY-ONE OF THE SOCIAL SERVICES
LAW ON OR BEFORE TWO YEARS FROM THE DATE THAT THE REGULATIONS ISSUED IN
ACCORDANCE WITH SECTION SIX OF PART Y OF CHAPTER FIFTY-SEVEN OF THE LAWS
OF TWO THOUSAND EIGHTEEN APPEAR IN THE STATE REGISTER OR ARE ADOPTED,
WHICHEVER IS LATER. SUCH PROHIBITIONS OR LIMITATIONS SHALL NOT APPLY TO
SUCH EMPLOYEES FOR AS LONG AS THEY REMAIN EMPLOYED BY SUCH PROGRAMS OR
SERVICES AND WHETHER THEY REMAIN EMPLOYED BY THE SAME OR OTHER EMPLOYERS
PROVIDING SUCH PROGRAMS OR SERVICES. PROVIDED, HOWEVER, THAT ANY PERSON
WHO COMMENCES EMPLOYMENT IN SUCH PROGRAM OR SERVICE AFTER SUCH DATE AND
PERFORMS SERVICES THAT ARE RESTRICTED UNDER THIS TITLE SHALL BE APPRO-
PRIATELY LICENSED OR AUTHORIZED UNDER THIS TITLE. EACH STATE OVERSIGHT
AGENCY SHALL CREATE AND MAINTAIN A PROCESS TO VERIFY EMPLOYMENT HISTORY
OF INDIVIDUALS EXEMPT UNDER THIS SUBDIVISION.
13. THE ACTIVITIES OR SERVICES PROVIDED BY A PERSON WITH A MASTER'S
LEVEL DEGREE IN PSYCHOLOGY OR ITS EQUIVALENT, WORKING UNDER THE SUPER-
VISION OF A LICENSED PSYCHOLOGIST IN A PROGRAM OR SERVICE OPERATED,
REGULATED, FUNDED, OR APPROVED BY THE DEPARTMENT OF MENTAL HYGIENE, THE
OFFICE OF CHILDREN AND FAMILY SERVICES, OR A LOCAL GOVERNMENT UNIT AS
SUCH TERM IS DEFINED IN SECTION 41.03 OF THE MENTAL HYGIENE LAW OR A
SOCIAL SERVICES DISTRICT AS DEFINED IN SECTION SIXTY-ONE OF THE SOCIAL
SERVICES LAW.
§ 7606. PROHIBITIONS. ANY INDIVIDUAL WHOSE LICENSE OR AUTHORITY TO
PRACTICE DERIVES FROM THE PROVISIONS OF THIS TITLE SHALL BE PROHIBITED
FROM:
S. 4007--A 408 A. 3007--A
1. PRESCRIBING OR ADMINISTERING DRUGS AS DEFINED IN THIS CHAPTER AS A
TREATMENT, THERAPY, OR PROFESSIONAL SERVICE IN THE PRACTICE OF HIS OR
HER PROFESSION; OR
2. USING INVASIVE PROCEDURES AS A TREATMENT, THERAPY, OR PROFESSIONAL
SERVICE IN THE PRACTICE OF HIS OR HER PROFESSION. FOR PURPOSES OF THIS
SUBDIVISION, "INVASIVE PROCEDURE" MEANS ANY PROCEDURE IN WHICH HUMAN
TISSUE IS CUT, ALTERED, OR OTHERWISE INFILTRATED BY MECHANICAL OR OTHER
MEANS. INVASIVE PROCEDURE INCLUDES SURGERY, LASERS, IONIZING RADIATION,
THERAPEUTIC ULTRASOUND, OR ELECTROCONVULSIVE THERAPY.
§ 7607. MANDATORY CONTINUING EDUCATION. 1. A. EACH PSYCHOLOGIST
REQUIRED UNDER THIS TITLE TO REGISTER TRIENNIALLY WITH THE DEPARTMENT TO
PRACTICE IN THIS STATE, SHALL COMPLY WITH THE PROVISIONS FOR MANDATORY
CONTINUING EDUCATION PRESCRIBED IN SUBDIVISION TWO OF THIS SECTION,
EXCEPT AS SET FORTH IN PARAGRAPHS B AND C OF THIS SUBDIVISION. PSYCHOL-
OGISTS WHO DO NOT SATISFY THE MANDATORY CONTINUING EDUCATION REQUIRE-
MENTS SHALL NOT PRACTICE UNTIL THEY HAVE MET SUCH REQUIREMENTS AND THEY
HAVE BEEN ISSUED A REGISTRATION CERTIFICATE, EXCEPT THAT A PSYCHOLOGIST
MAY PRACTICE WITHOUT HAVING MET SUCH REQUIREMENTS IF HE OR SHE IS ISSUED
A CONDITIONAL REGISTRATION CERTIFICATE PURSUANT TO SUBDIVISION THREE OF
THIS SECTION.
B. EACH PSYCHOLOGIST SHALL BE EXEMPT FROM THE MANDATORY CONTINUING
EDUCATION REQUIREMENTS FOR THE TRIENNIAL REGISTRATION PERIOD DURING
WHICH THEY ARE FIRST LICENSED. IN ACCORDANCE WITH THE INTENT OF THIS
SECTION, ADJUSTMENT TO THE MANDATORY CONTINUING EDUCATION REQUIREMENT
MAY BE GRANTED BY THE DEPARTMENT FOR REASONS OF HEALTH THAT ARE CERTI-
FIED BY AN APPROPRIATE HEALTH CARE PROFESSIONAL, FOR EXTENDED ACTIVE
DUTY WITH THE ARMED FORCES OF THE UNITED STATES, OR FOR OTHER GOOD CAUSE
ACCEPTABLE TO THE DEPARTMENT WHICH MAY PREVENT COMPLIANCE.
C. A PSYCHOLOGIST NOT ENGAGED IN PRACTICE, AS DETERMINED BY THE
DEPARTMENT, SHALL BE EXEMPT FROM THE MANDATORY CONTINUING EDUCATION
REQUIREMENT UPON THE FILING OF A STATEMENT WITH THE DEPARTMENT DECLARING
SUCH STATUS. ANY LICENSEE WHO RETURNS TO THE PRACTICE OF PSYCHOLOGY
DURING THE TRIENNIAL REGISTRATION PERIOD SHALL NOTIFY THE DEPARTMENT
PRIOR TO REENTERING THE PROFESSION AND SHALL MEET SUCH CONTINUING EDUCA-
TION REQUIREMENTS AS SHALL BE PRESCRIBED BY REGULATIONS OF THE COMMIS-
SIONER.
2. DURING EACH TRIENNIAL REGISTRATION PERIOD, AN APPLICANT FOR REGIS-
TRATION AS A PSYCHOLOGIST SHALL COMPLETE A MINIMUM OF THIRTY-SIX HOURS
OF ACCEPTABLE LEARNING ACTIVITIES, A MINIMUM OF THREE HOURS OF WHICH
SHALL BE COURSE WORK IN THE AREA OF PROFESSIONAL ETHICS, INCLUDING THE
LAWS, RULES AND REGULATIONS FOR PRACTICE IN NEW YORK. ANY PSYCHOLOGIST
WHOSE FIRST REGISTRATION DATE FOLLOWING THE EFFECTIVE DATE OF THIS
SECTION OCCURS LESS THAN THREE YEARS FROM SUCH EFFECTIVE DATE, BUT ON OR
AFTER JANUARY FIRST, TWO THOUSAND TWENTY-ONE, SHALL COMPLETE CONTINUING
EDUCATION HOURS ON A PRORATED BASIS AT THE RATE OF ONE HOUR PER MONTH
FOR THE PERIOD BEGINNING JANUARY FIRST, TWO THOUSAND TWENTY-ONE UP TO
THE FIRST REGISTRATION DATE THEREAFTER. A PSYCHOLOGIST WHO HAS NOT
SATISFIED THE MANDATORY CONTINUING EDUCATION REQUIREMENT SHALL NOT BE
ISSUED A TRIENNIAL REGISTRATION CERTIFICATE BY THE DEPARTMENT AND SHALL
NOT PRACTICE UNLESS AND UNTIL A CONDITIONAL REGISTRATION IS ISSUED AS
PROVIDED FOR IN SUBDIVISION THREE OF THIS SECTION. CONTINUING EDUCATION
HOURS TAKEN DURING ONE TRIENNIUM SHALL NOT BE TRANSFERRED TO THE SUBSE-
QUENT TRIENNIUM.
3. A. THE DEPARTMENT, IN ITS DISCRETION, MAY ISSUE A CONDITIONAL
REGISTRATION TO A PSYCHOLOGIST WHO FAILS TO MEET THE CONTINUING EDUCA-
TION REQUIREMENTS ESTABLISHED IN SUBDIVISION TWO OF THIS SECTION, BUT
S. 4007--A 409 A. 3007--A
WHO AGREES TO MAKE UP ANY DEFICIENCIES AND COMPLETE ANY ADDITIONAL
EDUCATION WHICH THE DEPARTMENT MAY REQUIRE. THE FEE FOR SUCH A CONDI-
TIONAL REGISTRATION SHALL BE THE SAME AS, AND IN ADDITION TO, THE FEE
FOR THE TRIENNIAL REGISTRATION. THE DURATION OF SUCH CONDITIONAL REGIS-
TRATION SHALL BE DETERMINED BY THE DEPARTMENT, BUT SHALL NOT EXCEED ONE
YEAR. ANY PSYCHOLOGIST WHO IS NOTIFIED OF THE DENIAL OF REGISTRATION FOR
FAILURE TO SUBMIT EVIDENCE, SATISFACTORY TO THE DEPARTMENT, OF REQUIRED
CONTINUING EDUCATION AND WHO PRACTICES WITHOUT SUCH REGISTRATION MAY BE
SUBJECT TO DISCIPLINARY PROCEEDINGS PURSUANT TO SECTION SIXTY-FIVE
HUNDRED TEN OF THIS ARTICLE.
B. FOR PURPOSES OF THIS SECTION:
(I) "ACCEPTABLE LEARNING ACTIVITIES" SHALL INCLUDE, BUT NOT BE LIMITED
TO, FORMAL COURSES OF LEARNING WHICH CONTRIBUTE TO PROFESSIONAL PRACTICE
IN PSYCHOLOGY AND/OR SELF-STUDY ACTIVITIES; INDEPENDENT STUDY; FORMAL
MENTORING ACTIVITIES; PUBLICATION IN PROFESSIONAL JOURNALS; OR LECTURES,
WHICH MEET THE STANDARDS PRESCRIBED BY REGULATIONS OF THE COMMISSIONER;
AND
(II) "FORMAL COURSES OF LEARNING" SHALL INCLUDE, BUT NOT BE LIMITED
TO, COLLEGIATE LEVEL CREDIT AND NON-CREDIT COURSES, PROFESSIONAL DEVEL-
OPMENT PROGRAMS AND TECHNICAL SESSIONS OFFERED BY NATIONAL, STATE, AND
LOCAL PROFESSIONAL ASSOCIATIONS AND OTHER ORGANIZATIONS ACCEPTABLE TO
THE DEPARTMENT, AND ANY OTHER ORGANIZED EDUCATIONAL AND TECHNICAL
PROGRAMS ACCEPTABLE TO THE DEPARTMENT. FORMAL COURSES SHALL BE TAKEN
FROM A SPONSOR APPROVED BY THE DEPARTMENT, BASED UPON AN APPLICATION AND
FEE, PURSUANT TO THE REGULATIONS OF THE COMMISSIONER.
C. 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 CREDITS IN SPECIFIC SUBJECTS TO FULFILL THIS MANDA-
TORY CONTINUING EDUCATION REQUIREMENT.
D. PSYCHOLOGISTS SHALL MAINTAIN ADEQUATE DOCUMENTATION OF COMPLETION
OF ACCEPTABLE CONTINUING EDUCATION CREDITS AND SHALL PROVIDE SUCH
DOCUMENTATION AT THE REQUEST OF THE DEPARTMENT. FAILURE TO PROVIDE SUCH
DOCUMENTATION UPON THE REQUEST OF THE DEPARTMENT SHALL BE AN ACT OF
MISCONDUCT SUBJECT TO DISCIPLINARY PROCEEDINGS PURSUANT TO SECTION
SIXTY-FIVE HUNDRED TEN OF THIS ARTICLE.
E. THE MANDATORY CONTINUING EDUCATION FEE SHALL BE DETERMINED BY THE
DEPARTMENT. SUCH FEE SHALL BE PAYABLE ON OR BEFORE THE FIRST DAY OF
EACH TRIENNIAL REGISTRATION PERIOD, AND SHALL BE PAID IN ADDITION TO THE
TRIENNIAL REGISTRATION FEE REQUIRED BY SUBDIVISION EIGHT OF SECTION
SEVENTY-SIX HUNDRED THREE OF THIS TITLE.
TITLE 18
SOCIAL WORK
SECTION 7700. INTRODUCTION.
7701. DEFINITIONS.
7702. AUTHORIZED PRACTICE AND THE USE OF THE TITLES "LICENSED
MASTER SOCIAL WORKER" AND "LICENSED CLINICAL SOCIAL
WORKER".
7703. STATE BOARD FOR SOCIAL WORK.
7704. REQUIREMENTS FOR A LICENSE.
7705. LIMITED PERMITS.
7706. EXEMPT PERSONS.
7707. SPECIAL PROVISIONS.
7708. BOUNDARIES OF PROFESSIONAL PRACTICE.
7709. HOSPITAL PRIVILEGES.
7710. MANDATORY CONTINUING EDUCATION.
S. 4007--A 410 A. 3007--A
§ 7700. INTRODUCTION. THIS TITLE APPLIES TO THE PROFESSION AND PRAC-
TICE OF SOCIAL WORK, THE PRACTICE OF LICENSED MASTER SOCIAL WORK, AND
THE PRACTICE OF CLINICAL SOCIAL WORK, AND TO THE USE OF THE TITLES
"LICENSED MASTER SOCIAL WORKER", AND "LICENSED CLINICAL SOCIAL WORKER".
THE GENERAL PROVISIONS FOR ALL PROFESSIONS CONTAINED IN TITLE ONE OF
THIS ARTICLE SHALL APPLY TO THIS TITLE.
§ 7701. DEFINITIONS. 1. PRACTICE OF LICENSED MASTER SOCIAL WORK.
A. THE PRACTICE OF LICENSED MASTER SOCIAL WORK SHALL MEAN THE PROFES-
SIONAL APPLICATION OF SOCIAL WORK THEORY, PRINCIPLES, AND THE METHODS TO
PREVENT, ASSESS, EVALUATE, FORMULATE AND IMPLEMENT A PLAN OF ACTION
BASED ON CLIENT NEEDS AND STRENGTHS, AND INTERVENE TO ADDRESS MENTAL,
SOCIAL, EMOTIONAL, BEHAVIORAL, DEVELOPMENTAL, AND ADDICTIVE DISORDERS,
CONDITIONS AND DISABILITIES, AND OF THE PSYCHOSOCIAL ASPECTS OF ILLNESS
AND INJURY EXPERIENCED BY INDIVIDUALS, COUPLES, FAMILIES, GROUPS, COMMU-
NITIES, ORGANIZATIONS, AND SOCIETY.
B. LICENSED MASTER SOCIAL WORKERS ENGAGE IN THE ADMINISTRATION OF
TESTS AND MEASURES OF PSYCHOSOCIAL FUNCTIONING, SOCIAL WORK ADVOCACY,
CASE MANAGEMENT, COUNSELING, CONSULTATION, RESEARCH, ADMINISTRATION AND
MANAGEMENT, AND TEACHING.
C. LICENSED MASTER SOCIAL WORKERS PROVIDE ALL FORMS OF SUPERVISION
OTHER THAN SUPERVISION OF THE PRACTICE OF LICENSED CLINICAL SOCIAL WORK
AS DEFINED IN SUBDIVISION TWO OF THIS SECTION.
D. LICENSED MASTER SOCIAL WORKERS PRACTICE LICENSED CLINICAL SOCIAL
WORK IN FACILITY SETTINGS OR OTHER SUPERVISED SETTINGS APPROVED BY THE
DEPARTMENT UNDER SUPERVISION IN ACCORDANCE WITH THE COMMISSIONER'S REGU-
LATIONS.
2. PRACTICE OF CLINICAL SOCIAL WORK. A. THE PRACTICE OF CLINICAL
SOCIAL WORK ENCOMPASSES THE SCOPE OF PRACTICE OF LICENSED MASTER SOCIAL
WORK AND, IN ADDITION, INCLUDES THE DIAGNOSIS OF MENTAL, EMOTIONAL,
BEHAVIORAL, ADDICTIVE AND DEVELOPMENTAL DISORDERS AND DISABILITIES AND
OF THE PSYCHOSOCIAL ASPECTS OF ILLNESS, INJURY, DISABILITY AND IMPAIR-
MENT UNDERTAKEN WITHIN A PSYCHOSOCIAL FRAMEWORK; ADMINISTRATION AND
INTERPRETATION OF TESTS AND MEASURES OF PSYCHOSOCIAL FUNCTIONING; DEVEL-
OPMENT AND IMPLEMENTATION OF APPROPRIATE ASSESSMENT-BASED TREATMENT
PLANS; AND THE PROVISION OF CRISIS ORIENTED PSYCHOTHERAPY AND BRIEF,
SHORT-TERM AND LONG-TERM PSYCHOTHERAPY AND PSYCHOTHERAPEUTIC TREATMENT
TO INDIVIDUALS, COUPLES, FAMILIES AND GROUPS, HABILITATION, PSYCHOANAL-
YSIS AND BEHAVIOR THERAPY; ALL UNDERTAKEN FOR THE PURPOSE OF PREVENTING,
ASSESSING, TREATING, AMELIORATING AND RESOLVING PSYCHOSOCIAL DYSFUNCTION
WITH THE GOAL OF MAINTAINING AND ENHANCING THE MENTAL, EMOTIONAL, BEHAV-
IORAL, AND SOCIAL FUNCTIONING AND WELL-BEING OF INDIVIDUALS, COUPLES,
FAMILIES, SMALL GROUPS, ORGANIZATIONS, COMMUNITIES AND SOCIETY.
B. DIAGNOSIS IN THE CONTEXT OF LICENSED CLINICAL SOCIAL WORK PRACTICE
IS THE PROCESS OF DISTINGUISHING, BEYOND GENERAL SOCIAL WORK ASSESSMENT,
BETWEEN SIMILAR MENTAL, EMOTIONAL, BEHAVIORAL, DEVELOPMENTAL AND ADDIC-
TIVE DISORDERS, IMPAIRMENTS AND DISABILITIES WITHIN A PSYCHOSOCIAL
FRAMEWORK ON THE BASIS OF THEIR SIMILAR AND UNIQUE CHARACTERISTICS
CONSISTENT WITH ACCEPTED CLASSIFICATION SYSTEMS.
C. PSYCHOTHERAPY IN THE CONTEXT OF LICENSED CLINICAL SOCIAL WORK PRAC-
TICE IS THE USE OF VERBAL METHODS IN INTERPERSONAL RELATIONSHIPS WITH
THE INTENT OF ASSISTING A PERSON OR PERSONS TO MODIFY ATTITUDES AND
BEHAVIOR WHICH ARE INTELLECTUALLY, SOCIALLY, OR EMOTIONALLY MALADAPTIVE.
D. DEVELOPMENT OF ASSESSMENT-BASED TREATMENT PLANS IN THE CONTEXT OF
LICENSED CLINICAL SOCIAL WORK PRACTICE REFERS TO THE DEVELOPMENT OF AN
INTEGRATED PLAN OF PRIORITIZED INTERVENTIONS, THAT IS BASED ON THE DIAG-
NOSIS AND PSYCHOSOCIAL ASSESSMENT OF THE CLIENT, TO ADDRESS MENTAL,
S. 4007--A 411 A. 3007--A
EMOTIONAL, BEHAVIORAL, DEVELOPMENTAL AND ADDICTIVE DISORDERS, IMPAIR-
MENTS AND DISABILITIES, REACTIONS TO ILLNESSES, INJURIES, DISABILITIES
AND IMPAIRMENTS, AND SOCIAL PROBLEMS.
§ 7702. AUTHORIZED PRACTICE AND THE USE OF THE TITLES "LICENSED MASTER
SOCIAL WORKER" AND "LICENSED CLINICAL SOCIAL WORKER". 1. IN ADDITION TO
THE LICENSED SOCIAL WORK SERVICES INCLUDED IN SUBDIVISIONS ONE AND TWO
OF SECTION SEVENTY-SEVEN HUNDRED ONE OF THIS TITLE, LICENSED MASTER
SOCIAL WORKERS AND LICENSED CLINICAL SOCIAL WORKERS MAY PERFORM THE
FOLLOWING SOCIAL WORK FUNCTIONS THAT DO NOT REQUIRE A LICENSE UNDER THIS
TITLE, INCLUDING BUT NOT LIMITED TO:
A. SERVE AS A COMMUNITY ORGANIZER, PLANNER, OR ADMINISTRATOR FOR
SOCIAL SERVICE PROGRAMS IN ANY SETTING.
B. PROVIDE SUPERVISION AND/OR CONSULTATION TO INDIVIDUALS, GROUPS,
INSTITUTIONS AND AGENCIES.
C. SERVE AS A FACULTY MEMBER OR INSTRUCTOR IN AN EDUCATIONAL SETTING.
D. PLAN AND/OR CONDUCT RESEARCH PROJECTS AND PROGRAM EVALUATION
STUDIES.
E. MAINTAIN FAMILIARITY WITH BOTH PROFESSIONAL AND SELF-HELP SYSTEMS
IN THE COMMUNITY IN ORDER TO ASSIST THE CLIENT IN SUCH SERVICES WHEN
NECESSARY.
F. PROVIDE ADVICE AND GUIDANCE AND ASSIST INDIVIDUALS OR GROUPS WITH
DIFFICULT DAY-TO-DAY PROBLEMS SUCH AS FINDING EMPLOYMENT, LOCATING
SOURCES OF ASSISTANCE, AND ORGANIZING COMMUNITY GROUPS TO WORK ON A
SPECIFIC PROBLEM.
G. CONSULT WITH OTHER AGENCIES ON PROBLEMS AND CASES SERVED IN COMMON
AND COORDINATING SERVICES AMONG AGENCIES OR PROVIDING CASE MANAGEMENT.
H. CONDUCT DATA GATHERING ON SOCIAL PROBLEMS.
I. SERVE AS AN ADVOCATE FOR CLIENTS OR GROUPS OF CLIENTS WHOSE NEEDS
ARE NOT BEING MET BY AVAILABLE PROGRAMS OR BY A SPECIFIC AGENCY.
J. ASSESS, EVALUATE, AND FORMULATE A PLAN OF ACTION BASED ON CLIENT
NEED.
K. PROVIDE TRAINING TO COMMUNITY GROUPS, AGENCIES, AND OTHER PROFES-
SIONALS.
L. PROVIDE ADMINISTRATIVE SUPERVISION.
M. PROVIDE PEER SERVICES.
N. COLLECT BASIC INFORMATION, GATHERING OF DEMOGRAPHIC DATA, AND
INFORMAL OBSERVATIONS, SCREENING AND REFERRAL USED FOR GENERAL ELIGIBIL-
ITY FOR A PROGRAM OR SERVICE AND DETERMINING THE FUNCTIONAL STATUS OF AN
INDIVIDUAL FOR THE PURPOSE OF DETERMINING THE NEED FOR SERVICES.
2. A. ONLY A PERSON LICENSED OR EXEMPT UNDER THIS TITLE SHALL PRACTICE
"LICENSED MASTER SOCIAL WORK" AS DEFINED IN SUBDIVISION ONE OF SECTION
SEVENTY-SEVEN HUNDRED ONE OF THIS TITLE.
B. ONLY A PERSON LICENSED PURSUANT TO SUBDIVISION ONE OF SECTION
SEVENTY-SEVEN HUNDRED FOUR OF THIS TITLE SHALL USE THE TITLE "LICENSED
MASTER SOCIAL WORKER" OR THE DESIGNATION "LMSW".
3. A. ONLY A PERSON LICENSED OR EXEMPT UNDER THIS TITLE SHALL PRACTICE
"LICENSED CLINICAL SOCIAL WORK" AS DEFINED IN SUBDIVISION TWO OF SECTION
SEVENTY-SEVEN HUNDRED ONE OF THIS TITLE.
B. ONLY A PERSON LICENSED PURSUANT TO SUBDIVISION TWO OF SECTION
SEVENTY-SEVEN HUNDRED FOUR OF THIS TITLE SHALL USE THE TITLE "LICENSED
CLINICAL SOCIAL WORKER" OR THE DESIGNATION "LCSW".
§ 7703. STATE BOARD FOR SOCIAL WORK. A STATE BOARD FOR SOCIAL WORK
SHALL BE APPOINTED BY THE COMMISSIONER FOR THE PURPOSE OF ASSISTING THE
DEPARTMENT ON MATTERS OF PROFESSIONAL LICENSING, PRACTICE, AND CONDUCT
IN ACCORDANCE WITH SECTION SIXTY-FIVE HUNDRED EIGHT OF THIS ARTICLE. THE
BOARD SHALL BE COMPOSED OF NOT LESS THAN TWELVE MEMBERS, OF WHICH FIVE
S. 4007--A 412 A. 3007--A
SHALL BE LICENSED CLINICAL SOCIAL WORKERS, FIVE SHALL BE LICENSED MASTER
SOCIAL WORKERS AND TWO MEMBERS OF THE PUBLIC. MEMBERS OF THE FIRST BOARD
NEED NOT BE LICENSED PRIOR TO THEIR APPOINTMENT TO THE BOARD. THE TERMS
OF THE FIRST APPOINTED MEMBERS SHALL BE STAGGERED SO THAT FOUR ARE
APPOINTED FOR THREE YEARS, FOUR ARE APPOINTED FOR FOUR YEARS, AND FOUR
ARE APPOINTED FOR FIVE YEARS. AN EXECUTIVE SECRETARY TO THE BOARD SHALL
BE APPOINTED BY THE COMMISSIONER AND SHALL BE LICENSED PURSUANT TO THIS
TITLE. AS USED IN THIS TITLE, "THE BOARD" SHALL MEAN THE STATE BOARD FOR
SOCIAL WORK AS APPOINTED PURSUANT TO THIS SECTION.
§ 7704. REQUIREMENTS FOR A LICENSE. 1. TO QUALIFY FOR A LICENSE AS A
"LICENSED MASTER SOCIAL WORKER" AN APPLICANT SHALL FULFILL THE FOLLOWING
REQUIREMENTS:
A. APPLICATION: FILE AN APPLICATION WITH THE DEPARTMENT;
B. EDUCATION: HAVE RECEIVED AN EDUCATION, INCLUDING A MASTER'S OF
SOCIAL WORK DEGREE FROM A PROGRAM REGISTERED BY THE DEPARTMENT, OR
DETERMINED BY THE DEPARTMENT TO BE THE SUBSTANTIAL EQUIVALENT, IN
ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS;
C. EXPERIENCE: MEET NO REQUIREMENT AS TO EXPERIENCE;
D. EXAMINATION: PASS AN EXAMINATION SATISFACTORY TO THE BOARD AND IN
ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS;
E. AGE: BE AT LEAST TWENTY-ONE YEARS OF AGE;
F. CHARACTER: BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE DEPART-
MENT; AND
G. FEES: PAY A FEE OF ONE HUNDRED FIFTEEN DOLLARS TO THE DEPARTMENT
FOR AN INITIAL LICENSE, AND A FEE OF ONE HUNDRED FIFTY-FIVE DOLLARS FOR
EACH TRIENNIAL REGISTRATION PERIOD. AN ADDITIONAL SURCHARGE IN THE
AMOUNT OF FIVE DOLLARS SHALL BE PAID WITH EACH TRIENNIAL REGISTRATION
FEE AND SHALL BE USED FOR THE MARKETING AND EVALUATION OF THE REGENTS
LICENSED SOCIAL WORKER LOAN FORGIVENESS PROGRAM ESTABLISHED BY SECTION
SIX HUNDRED FIVE OF THE EDUCATION LAW.
2. TO QUALIFY FOR A LICENSE AS A "LICENSED CLINICAL SOCIAL WORKER", AN
APPLICANT SHALL FULFILL THE FOLLOWING REQUIREMENTS:
A. APPLICATION: FILE AN APPLICATION WITH THE DEPARTMENT;
B. EDUCATION: HAVE RECEIVED AN EDUCATION, INCLUDING A MASTER'S OF
SOCIAL WORK DEGREE FROM A PROGRAM REGISTERED BY THE DEPARTMENT, OR
DETERMINED BY THE DEPARTMENT TO BE THE SUBSTANTIAL EQUIVALENT, THAT
INCLUDES COMPLETION OF A CORE CURRICULUM WHICH INCLUDES AT LEAST TWELVE
CREDIT HOURS OF CLINICAL COURSES, IN ACCORDANCE WITH THE COMMISSIONER'S
REGULATIONS; A PERSON WHO HAS RECEIVED A MASTER'S, OR EQUIVALENT DEGREE
IN SOCIAL WORK, DURING WHICH THEY DID NOT COMPLETE A CORE CURRICULUM
WHICH INCLUDES CLINICAL COURSES, MAY SATISFY THIS REQUIREMENT BY
COMPLETING EQUIVALENT POST-GRADUATE CLINICAL COURSEWORK, IN ACCORDANCE
WITH THE COMMISSIONER'S REGULATIONS;
C. EXPERIENCE: HAVE AT LEAST THREE YEARS FULL-TIME SUPERVISED POST-
GRADUATE CLINICAL SOCIAL WORK EXPERIENCE IN DIAGNOSIS, PSYCHOTHERAPY,
AND ASSESSMENT-BASED TREATMENT PLANS, OR ITS PART-TIME EQUIVALENT,
OBTAINED OVER A CONTINUOUS PERIOD NOT TO EXCEED SIX YEARS, UNDER THE
SUPERVISION, SATISFACTORY TO THE DEPARTMENT, OF A PSYCHIATRIST, A
LICENSED PSYCHOLOGIST, OR A LICENSED CLINICAL SOCIAL WORKER IN A FACILI-
TY SETTING OR OTHER SUPERVISED SETTINGS APPROVED BY THE DEPARTMENT.
SATISFACTORY EXPERIENCE OBTAINED IN AN ENTITY OPERATING UNDER A WAIVER
ISSUED BY THE DEPARTMENT PURSUANT TO SECTION SIXTY-FIVE HUNDRED THREE-A
OF THIS ARTICLE MAY BE ACCEPTED BY THE DEPARTMENT, NOTWITHSTANDING THAT
SUCH EXPERIENCE MAY HAVE BEEN OBTAINED PRIOR TO THE EFFECTIVE DATE OF
SUCH SECTION SIXTY-FIVE HUNDRED THREE-A AND/OR PRIOR TO THE ENTITY
HAVING OBTAINED A WAIVER. THE DEPARTMENT MAY, FOR GOOD CAUSE SHOWN,
S. 4007--A 413 A. 3007--A
ACCEPT SATISFACTORY EXPERIENCE THAT WAS OBTAINED IN A SETTING THAT WOULD
HAVE BEEN ELIGIBLE FOR A WAIVER BUT WHICH HAS NOT OBTAINED A WAIVER FROM
THE DEPARTMENT OR EXPERIENCE THAT WAS OBTAINED IN GOOD FAITH BY THE
APPLICANT UNDER THE BELIEF THAT APPROPRIATE AUTHORIZATION HAD BEEN
OBTAINED FOR THE EXPERIENCE, PROVIDED THAT SUCH EXPERIENCE MEETS ALL
OTHER REQUIREMENTS FOR ACCEPTABLE EXPERIENCE;
D. EXAMINATION: PASS AN EXAMINATION SATISFACTORY TO THE BOARD AND IN
ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS;
E. AGE: BE AT LEAST TWENTY-ONE YEARS OF AGE;
F. CHARACTER: BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE DEPART-
MENT; AND
G. FEES: PAY A FEE OF ONE HUNDRED FIFTEEN DOLLARS TO THE DEPARTMENT
FOR AN INITIAL LICENSE AND A FEE OF ONE HUNDRED FIFTY-FIVE DOLLARS FOR
EACH TRIENNIAL REGISTRATION PERIOD.
§ 7705. LIMITED PERMITS. 1. ON RECOMMENDATION OF THE BOARD, THE
DEPARTMENT MAY ISSUE A LIMITED PERMIT TO PRACTICE LICENSED CLINICAL
SOCIAL WORK AND USE THE TITLE LICENSED CLINICAL SOCIAL WORKER, OR TO
PRACTICE LICENSED MASTER SOCIAL WORK AND USE THE TITLE LICENSED MASTER
SOCIAL WORKER TO AN APPLICANT WHO HAS MET ALL REQUIREMENTS FOR LICENSURE
AS A LICENSED MASTER SOCIAL WORKER OR A LICENSED CLINICAL SOCIAL WORKER
EXCEPT THOSE RELATING TO THE EXAMINATION AND PROVIDED THAT THE INDIVID-
UAL IS UNDER THE GENERAL SUPERVISION OF A LICENSED MASTER SOCIAL WORKER
OR A LICENSED CLINICAL SOCIAL WORKER, AS DETERMINED BY THE DEPARTMENT.
THIS LIMITED PERMIT SHALL BE VALID FOR A PERIOD OF NOT MORE THAN TWELVE
MONTHS.
2. THE FEE FOR EACH LIMITED PERMIT SHALL BE SEVENTY DOLLARS.
§ 7706. EXEMPT PERSONS. NOTHING CONTAINED IN THIS TITLE SHALL BE
CONSTRUED TO:
1. APPLY TO THE PRACTICE, CONDUCT, ACTIVITIES, SERVICES OR USE OF ANY
TITLE BY ANY PERSON LICENSED OR OTHERWISE AUTHORIZED TO PRACTICE MEDI-
CINE WITHIN THE STATE PURSUANT TO TITLE TWO OF THIS ARTICLE OR BY ANY
PERSON REGISTERED TO PERFORM SERVICES AS A PHYSICIAN ASSISTANT WITHIN
THE STATE PURSUANT TO TITLE FOUR OF THIS ARTICLE OR BY ANY PERSON
LICENSED OR OTHERWISE AUTHORIZED TO PRACTICE PSYCHOLOGY WITHIN THIS
STATE PURSUANT TO TITLE SEVENTEEN OF THIS ARTICLE OR BY ANY PERSON
LICENSED OR OTHERWISE AUTHORIZED TO PRACTICE NURSING AS A REGISTERED
PROFESSIONAL NURSE OR NURSE PRACTITIONER WITHIN THIS STATE PURSUANT TO
TITLE TWELVE OF THIS ARTICLE OR BY ANY PERSON LICENSED OR OTHERWISE
AUTHORIZED TO PRACTICE OCCUPATIONAL THERAPY WITHIN THIS STATE PURSUANT
TO TITLE TWENTY OF THIS ARTICLE OR BY ANY PERSON LICENSED OR OTHERWISE
AUTHORIZED TO PRACTICE MENTAL HEALTH COUNSELING, MARRIAGE AND FAMILY
THERAPY, CREATIVE ARTS THERAPY, OR PSYCHOANALYSIS WITHIN THE STATE
PURSUANT TO TITLE TWENTY-FIVE OF THIS ARTICLE OR BY ANY PERSON LICENSED
OR OTHERWISE AUTHORIZED TO PRACTICE APPLIED BEHAVIOR ANALYSIS WITHIN THE
STATE PURSUANT TO TITLE TWENTY-NINE OF THIS ARTICLE; PROVIDED, HOWEVER,
THAT NO PHYSICIAN, PHYSICIAN ASSISTANT, REGISTERED PROFESSIONAL NURSE,
NURSE PRACTITIONER, PSYCHOLOGIST, OCCUPATIONAL THERAPIST, LICENSED
MENTAL HEALTH COUNSELOR, LICENSED MARRIAGE AND FAMILY THERAPIST,
LICENSED CREATIVE ARTS THERAPIST, LICENSED PSYCHOANALYST, LICENSED
BEHAVIOR ANALYST OR CERTIFIED BEHAVIOR ANALYST ASSISTANT MAY USE THE
TITLES "LICENSED CLINICAL SOCIAL WORKER" OR "LICENSED MASTER SOCIAL
WORKER", UNLESS LICENSED UNDER THIS TITLE.
2. PREVENT OR PROHIBIT AN INDIVIDUAL POSSESSING A BACCALAUREATE OF
SOCIAL WORK DEGREE OR ITS EQUIVALENT FROM THE PERFORMANCE OF ACTIVITIES
AND SERVICES WITHIN THE SCOPE OF PRACTICE OF LICENSED MASTER SOCIAL WORK
AS DEFINED IN PARAGRAPHS A AND B OF SUBDIVISION ONE OF SECTION SEVENTY-
S. 4007--A 414 A. 3007--A
SEVEN HUNDRED ONE OF THIS TITLE UNDER SUPERVISION BY A LICENSED MASTER
SOCIAL WORKER, A LICENSED CLINICAL SOCIAL WORKER OR IN ACCORDANCE WITH
THE COMMISSIONER'S REGULATIONS.
3. PREVENT OR PROHIBIT A LICENSED MASTER SOCIAL WORKER FROM THE
PERFORMANCE OF ACTIVITIES AND SERVICES WITHIN THE SCOPE OF PRACTICE OF
LICENSED CLINICAL SOCIAL WORK AS DEFINED IN SUBDIVISION TWO OF SECTION
SEVENTY-SEVEN HUNDRED ONE OF THIS TITLE IN A FACILITY SETTING AND UNDER
SUPERVISION IN ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS.
4. PREVENT OR PROHIBIT THE PERFORMANCE OF ACTIVITIES AND SERVICES
WITHIN THE SCOPE OF PRACTICE OF LICENSED MASTER SOCIAL WORK AS DEFINED
IN SUBDIVISION ONE OF SECTION SEVENTY-SEVEN HUNDRED ONE OF THIS TITLE BY
INDIVIDUALS, CHURCHES, SCHOOLS, TEACHERS, ORGANIZATIONS, OR NOT-FOR-PRO-
FIT BUSINESSES WHICH ARE PROVIDING INSTRUCTION, ADVICE, SUPPORT, ENCOUR-
AGEMENT OR INFORMATION TO INDIVIDUALS, FAMILIES, AND RELATIONAL GROUPS.
5. PREVENT OR PROHIBIT THE PERFORMANCE OF ACTIVITIES AND SERVICES
WITHIN THE SCOPE OF PRACTICE OF LICENSED MASTER SOCIAL WORK OR LICENSED
CLINICAL SOCIAL WORK AS DEFINED IN SECTION SEVENTY-SEVEN HUNDRED ONE OF
THIS TITLE BY THE FOLLOWING:
A. ANY INDIVIDUAL WHO IS CREDENTIALED UNDER ANY LAW, INCLUDING ATTOR-
NEYS, RAPE CRISIS COUNSELORS, CREDENTIALED ALCOHOLISM AND SUBSTANCE
ABUSE COUNSELORS WHOSE SCOPE OF PRACTICE INCLUDES THE PRACTICES DEFINED
IN SECTION SEVENTY-SEVEN HUNDRED ONE OF THIS TITLE FROM PERFORMING OR
CLAIMING TO PERFORM WORK AUTHORIZED BY APPLICABLE PROVISIONS OF THIS
CHAPTER AND THE MENTAL HYGIENE LAW;
B. PROVISION OF PASTORAL COUNSELING SERVICES BY ANY MEMBER OF THE
CLERGY OR CHRISTIAN SCIENCE PRACTITIONER, FROM PROVIDING PASTORAL COUN-
SELING SERVICES WITHIN THE CONTEXT OF HIS OR HER MINISTERIAL CHARGE OR
OBLIGATION;
C. STUDENTS WHO ARE ENROLLED IN A BACCALAUREATE OF SOCIAL WORK OR
PROFESSIONAL GRADUATE LEVEL SOCIAL WORK PROGRAM OF STUDY, AND WHICH ARE
REQUIRED TO PERFORM AS PART OF THE FIELD WORK COMPONENT OF SUCH PROGRAM,
SERVICES PROVIDED UNDER THE SUPERVISION OF A FIELD WORK SUPERVISOR
APPROVED BY THE PROGRAM;
D. ON THE PART OF A STUDENT OR TRAINEE WHO IS ENROLLED IN AN INSTITU-
TION OR PROGRAM REGISTERED BY THE DEPARTMENT OR ACCREDITED BY AN ACCRED-
ITING ORGANIZATION ACCEPTABLE TO THE DEPARTMENT TO PROVIDE TRAINING IN A
DISCIPLINE OR PROFESSION, OTHER THAN SOCIAL WORK OR CLINICAL SOCIAL
WORK, THAT IS LICENSED PURSUANT TO THIS TITLE, WHERE SUCH ACTIVITIES AND
SERVICES ARE AUTHORIZED WITHIN THE DEFINITION OF THE SCOPE OF PRACTICE
OF THE PROFESSION, OR DISCIPLINE IN WHICH HE OR SHE IS BEING TRAINED AS
SET FORTH IN THE EDUCATION LAW OR THE COMMISSIONER'S REGULATIONS,
PROVIDED THAT SUCH SERVICES ARE PERFORMED UNDER THE REGULAR AND ONGOING
SUPERVISION OF A LICENSEE IN THE PROFESSION OR DISCIPLINE IN WHICH HE OR
SHE IS BEING TRAINED WHO ASSUMES PROFESSIONAL RESPONSIBILITY FOR THE
SERVICES PERFORMED UNDER HIS OR HER SUPERVISION AND THAT SUCH ACTIVITIES
AND THE PROVISION OF SUCH SERVICES ARE A FORMAL PART OF THE PROFESSIONAL
TRAINING PROGRAM IN WHICH HE OR SHE IS ENROLLED;
E. ANY FEDERAL, STATE, COUNTY OR MUNICIPAL EMPLOYEE PERFORMING CLIN-
ICAL SOCIAL WORK SERVICES UPON THE EFFECTIVE DATE OF THIS SECTION FOR
THE PERIOD DURING WHICH THEY MAINTAIN SUCH EMPLOYMENT WITH SUCH GOVERN-
MENTAL UNIT WITHIN THE CONTEXT OF SUCH EMPLOYMENT AND SHALL BE LIMITED
TO THE SERVICES PROVIDED UPON SUCH EFFECTIVE DATE; AND
F. ANY EMPLOYEE PERFORMING CLINICAL SOCIAL WORK SERVICES ON THE EFFEC-
TIVE DATE OF THIS SECTION FOR THE PERIOD DURING WHICH THEY MAINTAIN SUCH
EMPLOYMENT WITH SUCH ENTITY WITHIN THE CONTEXT OF SUCH EMPLOYMENT, AND
SHALL BE LIMITED TO THE SERVICES PROVIDED PRIOR TO SUCH EFFECTIVE DATE.
S. 4007--A 415 A. 3007--A
6. PROHIBIT THE PRACTICE OF LICENSED MASTER SOCIAL WORK OR LICENSED
CLINICAL SOCIAL WORK, TO THE EXTENT PERMISSIBLE WITHIN THE SCOPE OF
PRACTICE OF SUCH PROFESSIONS, BY ANY NOT-FOR-PROFIT CORPORATION OR
EDUCATION CORPORATION PROVIDING SERVICES WITHIN THE STATE OF NEW YORK
AND OPERATING UNDER A WAIVER PURSUANT TO SECTION SIXTY-FIVE HUNDRED
THREE-A OF THIS ARTICLE, PROVIDED THAT SUCH ENTITIES OFFERING LICENSED
MASTER SOCIAL WORK OR LICENSED CLINICAL SOCIAL WORK SERVICES SHALL ONLY
PROVIDE SUCH SERVICES THROUGH AN INDIVIDUAL APPROPRIATELY LICENSED OR
OTHERWISE AUTHORIZED TO PROVIDE SUCH SERVICES OR A PROFESSIONAL ENTITY
AUTHORIZED BY LAW TO PROVIDE SUCH SERVICES.
7. A. PREVENT A PERSON WITHOUT A LICENSE FROM: PERFORMING ASSESSMENTS
INCLUDING BUT NOT LIMITED TO BASIC INFORMATION COLLECTION, GATHERING OF
DEMOGRAPHIC DATA, AND INFORMAL OBSERVATIONS, SCREENING AND REFERRAL USED
FOR GENERAL ELIGIBILITY FOR A PROGRAM OR SERVICE AND DETERMINING THE
FUNCTIONAL STATUS OF AN INDIVIDUAL FOR THE PURPOSE OF DETERMINING NEED
FOR SERVICES; ADVISING INDIVIDUALS REGARDING THE APPROPRIATENESS OF
BENEFITS THEY ARE ELIGIBLE FOR; PROVIDING GENERAL ADVICE AND GUIDANCE
AND ASSISTING INDIVIDUALS OR GROUPS WITH DIFFICULT DAY TO DAY PROBLEMS
SUCH AS FINDING EMPLOYMENT, LOCATING SOURCES OF ASSISTANCE, AND ORGANIZ-
ING COMMUNITY GROUPS TO WORK ON A SPECIFIC PROBLEM; PROVIDING PEER
SERVICES; SELECTING FOR SUITABILITY AND PROVIDING SUBSTANCE ABUSE TREAT-
MENT SERVICES OR GROUP RE-ENTRY SERVICES TO INCARCERATED INDIVIDUALS IN
STATE CORRECTIONAL FACILITIES; OR PROVIDING SUBSTANCE ABUSE TREATMENT
SERVICES OR RE-ENTRY SERVICES TO INCARCERATED INDIVIDUALS IN LOCAL
CORRECTIONAL FACILITIES.
B. PREVENT A PERSON WITHOUT A LICENSE FROM CREATING, DEVELOPING OR
IMPLEMENTING A SERVICE PLAN OR RECOVERY PLAN THAT IS NOT A BEHAVIORAL
HEALTH DIAGNOSIS OR TREATMENT PLAN. SUCH SERVICE OR RECOVERY PLANS
SHALL INCLUDE, BUT ARE NOT LIMITED TO, COORDINATING, EVALUATING OR
DETERMINING THE NEED FOR, OR THE PROVISION OF THE FOLLOWING SERVICES:
JOB TRAINING AND EMPLOYABILITY; HOUSING; HOMELESS SERVICES AND SHELTERS
FOR HOMELESS INDIVIDUALS AND FAMILIES; REFUGEE SERVICES; RESIDENTIAL,
DAY OR COMMUNITY HABILITATION SERVICES; GENERAL PUBLIC ASSISTANCE;
IN-HOME SERVICES AND SUPPORTS OR HOME-DELIVERED MEALS; RECOVERY
SUPPORTS; ADULT OR CHILD PROTECTIVE SERVICES INCLUDING INVESTIGATIONS;
DETENTION AS DEFINED IN SECTION FIVE HUNDRED TWO OF THE EXECUTIVE LAW;
PREVENTION AND RESIDENTIAL SERVICES FOR VICTIMS OF DOMESTIC VIOLENCE;
SERVICES FOR RUNAWAY AND HOMELESS YOUTH; FOSTER CARE, ADOPTION, PREVEN-
TIVE SERVICES OR SERVICES IN ACCORDANCE WITH AN APPROVED PLAN PURSUANT
TO SECTION FOUR HUNDRED FOUR OF THE SOCIAL SERVICES LAW, INCLUDING,
ADOPTION AND FOSTER HOME STUDIES AND ASSESSMENTS, FAMILY SERVICE PLANS,
TRANSITION PLANS, PERMANENCY PLANNING ACTIVITIES, AND CASE PLANNING OR
CASE MANAGEMENT AS SUCH TERMS ARE DEFINED IN THE REGULATIONS OF THE
OFFICE OF CHILDREN AND FAMILY SERVICES; RESIDENTIAL REHABILITATION; HOME
AND COMMUNITY BASED SERVICES; AND DE-ESCALATION TECHNIQUES, PEER
SERVICES OR SKILL DEVELOPMENT.
C. (I) PREVENT A PERSON WITHOUT A LICENSE FROM PARTICIPATING AS A
MEMBER OF A MULTI-DISCIPLINARY TEAM TO ASSIST IN THE DEVELOPMENT OF OR
IMPLEMENTATION OF A BEHAVIORAL HEALTH SERVICES OR TREATMENT PLAN;
PROVIDED THAT SUCH TEAM SHALL INCLUDE ONE OR MORE PROFESSIONALS LICENSED
UNDER THIS TITLE OR TITLES TWO, TWELVE, SEVENTEEN OR TWENTY-FIVE OF THIS
ARTICLE; AND PROVIDED, FURTHER, THAT THE ACTIVITIES PERFORMED BY MEMBERS
OF THE TEAM SHALL BE CONSISTENT WITH THE SCOPE OF PRACTICE FOR EACH TEAM
MEMBER LICENSED OR AUTHORIZED UNDER TITLE EIGHT OF THIS ARTICLE, AND
THOSE WHO ARE NOT SO AUTHORIZED MAY NOT ENGAGE IN THE FOLLOWING
RESTRICTED PRACTICES: THE DIAGNOSIS OF MENTAL, EMOTIONAL, BEHAVIORAL,
S. 4007--A 416 A. 3007--A
ADDICTIVE AND DEVELOPMENTAL DISORDERS AND DISABILITIES; PATIENT ASSESS-
MENT AND EVALUATING; THE PROVISION OF PSYCHOTHERAPEUTIC TREATMENT; THE
PROVISION OF TREATMENT OTHER THAN PSYCHOTHERAPEUTIC TREATMENT; OR INDE-
PENDENTLY DEVELOPING AND IMPLEMENTING ASSESSMENT-BASED TREATMENT PLANS
AS DEFINED IN SECTION SEVENTY-SEVEN HUNDRED ONE OF THIS TITLE.
(II) FOR THE PURPOSES OF THIS PARAGRAPH, "ASSIST" SHALL INCLUDE, BUT
NOT BE LIMITED TO, THE PROVISION OR PERFORMANCE OF THE FOLLOWING TASKS,
SERVICES, OR FUNCTIONS BY AN INDIVIDUAL WHO HAS OBTAINED THE TRAINING
AND EXPERIENCE REQUIRED BY THE APPLICABLE STATE OVERSIGHT AGENCY TO
PERFORM SUCH TASK, SERVICE OR FUNCTION IN FACILITIES OR PROGRAMS OPERAT-
ING PURSUANT TO ARTICLE NINETEEN-G OF THE EXECUTIVE LAW; ARTICLES SEVEN,
SIXTEEN, THIRTY-ONE OR THIRTY-TWO OF THE MENTAL HYGIENE LAW; OR TITLE
THREE OF ARTICLE SEVEN OF THE SOCIAL SERVICES LAW:
(1) HELPING AN INDIVIDUAL WITH THE COMPLETION OF FORMS OR QUESTION-
NAIRES;
(2) REVIEWING EXISTING CASE RECORDS AND COLLECTING BACKGROUND INFORMA-
TION ABOUT AN INDIVIDUAL WHICH MAY BE USED BY THE LICENSED PROFESSIONAL
OR MULTI-DISCIPLINARY TEAM;
(3) GATHERING AND REPORTING INFORMATION ABOUT PREVIOUS BEHAVIORAL
HEALTH INTERVENTIONS, HOSPITALIZATIONS, DOCUMENTED DIAGNOSIS, OR PRIOR
TREATMENT FOR REVIEW BY THE LICENSED PROFESSIONAL AND MULTI-DISCIPLINARY
TEAM;
(4) DISCUSSING WITH THE INDIVIDUAL HIS OR HER SITUATION, NEEDS,
CONCERNS, AND THOUGHTS IN ORDER TO HELP IDENTIFY SERVICES THAT SUPPORT
THE INDIVIDUAL'S GOALS, INDEPENDENCE, AND QUALITY OF LIFE;
(5) PROVIDING ADVICE, INFORMATION, AND ASSISTANCE TO INDIVIDUALS AND
FAMILY MEMBERS TO IDENTIFY NEEDS AND AVAILABLE RESOURCES IN THE COMMUNI-
TY TO HELP MEET THE NEEDS OF THE INDIVIDUAL OR FAMILY MEMBER;
(6) ENGAGING IN IMMEDIATE AND LONG-TERM PROBLEM SOLVING, ENGAGING IN
THE DEVELOPMENT OF SOCIAL SKILLS, OR PROVIDING GENERAL HELP IN AREAS
INCLUDING, BUT NOT LIMITED TO, HOUSING, EMPLOYMENT, CHILD CARE, PARENT-
ING, COMMUNITY-BASED SERVICES, AND FINANCES;
(7) DISTRIBUTING PAPER COPIES OF SELF-ADMINISTERED TESTS FOR THE INDI-
VIDUAL TO COMPLETE WHEN SUCH TESTS DO NOT REQUIRE THE OBSERVATION AND
JUDGMENT OF A LICENSED PROFESSIONAL;
(8) MONITORING TREATMENT BY THE COLLECTION OF WRITTEN AND/OR OBSERVA-
TIONAL DATA IN ACCORDANCE WITH THE TREATMENT PLAN AND PROVIDING VERBAL
OR WRITTEN REPORTS TO THE MULTI-DISCIPLINARY TEAM;
(9) IDENTIFYING GAPS IN SERVICES AND COORDINATING ACCESS TO OR ARRANG-
ING SERVICES FOR INDIVIDUALS SUCH AS HOME CARE, COMMUNITY-BASED
SERVICES, HOUSING, EMPLOYMENT, TRANSPORTATION, CHILD CARE, VOCATIONAL
TRAINING, OR HEALTH CARE;
(10) OFFERING EDUCATION PROGRAMS THAT PROVIDE INFORMATION ABOUT
DISEASE IDENTIFICATION AND RECOMMENDED TREATMENTS THAT MAY BE PROVIDED,
AND HOW TO ACCESS SUCH TREATMENT;
(11) REPORTING ON BEHAVIOR, ACTIONS, AND RESPONSES TO TREATMENT BY
COLLECTING WRITTEN AND/OR OBSERVATIONAL DATA AS PART OF A MULTI-DISCI-
PLINARY TEAM;
(12) USING DE-ESCALATION TECHNIQUES CONSISTENT WITH APPROPRIATE TRAIN-
ING;
(13) PERFORMING ASSESSMENTS USING STANDARDIZED, STRUCTURED INTERVIEW
TOOLS OR INSTRUMENTS;
(14) DIRECTLY DELIVERING SERVICES OUTLINED IN THE SERVICE PLAN THAT
ARE NOT CLINICAL IN NATURE BUT HAVE BEEN TAILORED TO AN INDIVIDUAL BASED
ON ANY DIAGNOSES SUCH INDIVIDUAL MAY HAVE RECEIVED FROM A LICENSED
PROFESSIONAL; AND
S. 4007--A 417 A. 3007--A
(15) ADVOCATING WITH EDUCATIONAL, JUDICIAL OR OTHER SYSTEMS TO PROTECT
AN INDIVIDUAL'S RIGHTS AND ACCESS TO APPROPRIATE SERVICES.
D. PROVIDED, FURTHER, THAT NOTHING IN THIS SUBDIVISION SHALL BE
CONSTRUED AS REQUIRING A LICENSE FOR ANY PARTICULAR ACTIVITY OR FUNCTION
BASED SOLELY ON THE FACT THAT THE ACTIVITY OR FUNCTION IS NOT LISTED IN
THIS SUBDIVISION.
8. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, NOTHING
IN THIS TITLE SHALL BE CONSTRUED TO PROHIBIT OR LIMIT THE ACTIVITIES OR
SERVICES PROVIDED UNDER THIS TITLE BY ANY PERSON WHO IS EMPLOYED OR WHO
COMMENCES EMPLOYMENT IN A PROGRAM OR SERVICE OPERATED, REGULATED, FUND-
ED, OR APPROVED BY THE DEPARTMENT OF MENTAL HYGIENE, THE OFFICE OF CHIL-
DREN AND FAMILY SERVICES, THE DEPARTMENT OF CORRECTIONS AND COMMUNITY
SUPERVISION, THE OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE, THE
STATE OFFICE FOR THE AGING AND THE DEPARTMENT OF HEALTH OR A LOCAL
GOVERNMENTAL UNIT AS THAT TERM IS DEFINED IN SECTION 41.03 OF THE MENTAL
HYGIENE LAW OR A SOCIAL SERVICES DISTRICT AS DEFINED IN SECTION SIXTY-
ONE OF THE SOCIAL SERVICES LAW ON OR BEFORE TWO YEARS FROM THE DATE THAT
THE REGULATIONS ISSUED IN ACCORDANCE WITH SECTION SIX OF PART Y OF CHAP-
TER FIFTY-SEVEN OF THE LAWS OF TWO THOUSAND EIGHTEEN APPEAR IN THE STATE
REGISTER OR ARE ADOPTED, WHICHEVER IS LATER. SUCH PROHIBITIONS OR LIMI-
TATIONS SHALL NOT APPLY TO SUCH EMPLOYEES FOR AS LONG AS THEY REMAIN
EMPLOYED BY SUCH PROGRAMS OR SERVICES AND WHETHER THEY REMAIN EMPLOYED
BY THE SAME OR OTHER EMPLOYERS PROVIDING SUCH PROGRAMS OR SERVICES.
PROVIDED HOWEVER, THAT ANY PERSON WHO COMMENCES EMPLOYMENT IN SUCH
PROGRAM OR SERVICE AFTER SUCH DATE AND PERFORMS SERVICES THAT ARE
RESTRICTED UNDER THIS TITLE SHALL BE APPROPRIATELY LICENSED OR AUTHOR-
IZED UNDER THIS TITLE. EACH STATE OVERSIGHT AGENCY SHALL CREATE AND
MAINTAIN A PROCESS TO VERIFY EMPLOYMENT HISTORY OF INDIVIDUALS EXEMPT
UNDER THIS SUBDIVISION.
§ 7707. SPECIAL PROVISIONS. 1. ANY PERSON WHO IS LICENSED AS A CERTI-
FIED SOCIAL WORKER ON THE EFFECTIVE DATE OF THIS TITLE SHALL BE LICENSED
AS A LICENSED MASTER SOCIAL WORKER WITHOUT MEETING ANY ADDITIONAL
REQUIREMENTS.
2. ANY PERSON WHO POSSESSES A MASTER'S OF SOCIAL WORK DEGREE ON THE
EFFECTIVE DATE OF THIS SECTION, WHO HAS FIVE YEARS OF POST-GRADUATE
SOCIAL WORK EMPLOYMENT AND MEETS THE REQUIREMENTS FOR A LICENSE PURSUANT
TO THIS TITLE, EXCEPT FOR EXAMINATION, AND WHO FILES WITH THE DEPARTMENT
WITHIN ONE YEAR OF THE EFFECTIVE DATE OF THIS SECTION SHALL BE LICENSED
AS A LICENSED MASTER SOCIAL WORKER.
3. ANY PERSON WHO IS LICENSED AS A CERTIFIED SOCIAL WORKER ON THE
EFFECTIVE DATE OF THIS SECTION AND WHO HAS BEEN AUTHORIZED PURSUANT TO
SECTION THREE THOUSAND TWO HUNDRED TWENTY-ONE OR SECTION FOUR THOUSAND
THREE HUNDRED THREE OF THE INSURANCE LAW SHALL BE LICENSED AS A LICENSED
CLINICAL SOCIAL WORKER WITHOUT MEETING ANY ADDITIONAL REQUIREMENTS.
4. ANY PERSON WHO IS LICENSED AS A CERTIFIED SOCIAL WORKER ON THE
EFFECTIVE DATE OF THIS SECTION, BUT WHO HAS NOT RECEIVED AUTHORIZATION
PURSUANT TO SECTION THREE THOUSAND TWO HUNDRED TWENTY-ONE OR FOUR THOU-
SAND THREE HUNDRED THREE OF THE INSURANCE LAW, WHO FILES WITH THE
DEPARTMENT WITHIN ONE YEAR OF THE EFFECTIVE DATE OF THIS SECTION AN
APPLICATION PURSUANT TO SUBDIVISION TWO OF SECTION SEVENTY-SEVEN HUNDRED
FOUR OF THIS TITLE, WHO DEMONSTRATES TO THE SATISFACTION OF THE DEPART-
MENT THAT THEY MEET THE EXPERIENCE REQUIREMENTS FOR AUTHORIZATION PURSU-
ANT TO SECTION THREE THOUSAND TWO HUNDRED TWENTY-ONE OR FOUR THOUSAND
THREE HUNDRED THREE OF THE INSURANCE LAW, SHALL BE LICENSED AS A
LICENSED CLINICAL SOCIAL WORKER WITHOUT MEETING ANY FURTHER REQUIRE-
MENTS.
S. 4007--A 418 A. 3007--A
5. LICENSED MASTER SOCIAL WORKERS AND LICENSED CLINICAL SOCIAL WORKERS
MAY USE ACCEPTED CLASSIFICATIONS OF SIGNS, SYMPTOMS, DYSFUNCTIONS AND
DISORDERS, INCLUDING, BUT NOT LIMITED TO, CLASSIFICATIONS USED IN THE
PRACTICE SETTING FOR THE PURPOSE OF PROVIDING MENTAL HEALTH SERVICES.
§ 7708. BOUNDARIES OF PROFESSIONAL PRACTICE. ANY INDIVIDUAL WHOSE
LICENSE OR AUTHORITY TO PRACTICE DERIVES FROM THE PROVISIONS OF THIS
TITLE SHALL BE PROHIBITED FROM:
1. PRESCRIBING OR ADMINISTERING DRUGS AS DEFINED IN THIS CHAPTER OR AS
A TREATMENT, THERAPY, OR PROFESSIONAL SERVICE IN THE PRACTICE OF HIS OR
HER PROFESSION; OR
2. USING INVASIVE PROCEDURES AS A TREATMENT, THERAPY, OR PROFESSIONAL
SERVICE IN THE PRACTICE OF HIS OR HER PROFESSION. FOR PURPOSES OF THIS
SUBDIVISION, "INVASIVE PROCEDURE" MEANS ANY PROCEDURE IN WHICH HUMAN
TISSUE IS CUT, ALTERED, OR OTHERWISE INFILTRATED BY MECHANICAL OR OTHER
MEANS. INVASIVE PROCEDURE INCLUDES SURGERY, LASERS, IONIZING RADIATION,
THERAPEUTIC ULTRASOUND, OR ELECTROCONVULSIVE THERAPY.
§ 7709. HOSPITAL PRIVILEGES. NOTHING IN THIS TITLE SHALL BE DEEMED TO
AUTHORIZE, GRANT, OR EXTEND HOSPITAL PRIVILEGES TO INDIVIDUALS LICENSED
UNDER THIS TITLE.
§ 7710. MANDATORY CONTINUING EDUCATION. 1. A. EACH LICENSED MASTER
SOCIAL WORKER OR LICENSED CLINICAL SOCIAL WORKER REQUIRED UNDER THIS
TITLE TO REGISTER TRIENNIALLY WITH THE DEPARTMENT TO PRACTICE IN THIS
STATE, SHALL COMPLY WITH THE PROVISIONS OF MANDATORY CONTINUING EDUCA-
TION REQUIREMENTS PRESCRIBED IN SUBDIVISION TWO OF THIS SECTION, EXCEPT
AS SET FORTH IN PARAGRAPHS B AND C OF THIS SUBDIVISION. LICENSED MASTER
SOCIAL WORKERS OR LICENSED CLINICAL SOCIAL WORKERS WHO DO NOT SATISFY
THE MANDATORY CONTINUING EDUCATION REQUIREMENTS SHALL NOT PRACTICE UNTIL
THEY HAVE MET SUCH REQUIREMENTS AND THEY HAVE BEEN ISSUED A REGISTRATION
CERTIFICATE, EXCEPT THAT A LICENSED MASTER SOCIAL WORKER OR LICENSED
CLINICAL SOCIAL WORKER MAY PRACTICE WITHOUT HAVING MET SUCH REQUIREMENTS
IF HE OR SHE IS ISSUED A CONDITIONAL REGISTRATION CERTIFICATE PURSUANT
TO SUBDIVISION THREE OF THIS SECTION.
B. EACH LICENSED MASTER SOCIAL WORKER OR LICENSED CLINICAL SOCIAL
WORKER SHALL BE EXEMPT FROM THE MANDATORY CONTINUING EDUCATION REQUIRE-
MENTS FOR THE TRIENNIAL REGISTRATION PERIOD DURING WHICH THEY ARE FIRST
LICENSED. IN ACCORDANCE WITH THE INTENT OF THIS SECTION, ADJUSTMENT TO
THE MANDATORY CONTINUING EDUCATION REQUIREMENT MAY BE GRANTED BY THE
DEPARTMENT FOR REASONS OF HEALTH THAT ARE CERTIFIED BY AN APPROPRIATE
HEALTH CARE PROFESSIONAL, FOR EXTENDED ACTIVE DUTY WITH THE ARMED FORCES
OF THE UNITED STATES, OR FOR OTHER GOOD CAUSE ACCEPTABLE TO THE DEPART-
MENT WHICH MAY PREVENT COMPLIANCE.
C. A LICENSED MASTER SOCIAL WORKER OR A LICENSED CLINICAL SOCIAL WORK-
ER NOT ENGAGED IN PRACTICE, AS DETERMINED BY THE DEPARTMENT, SHALL BE
EXEMPT FROM THE MANDATORY CONTINUING EDUCATION REQUIREMENT UPON THE
FILING OF A STATEMENT WITH THE DEPARTMENT DECLARING SUCH STATUS. ANY
LICENSEE WHO RETURNS TO THE PRACTICE OF SOCIAL WORK 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.
D. A LICENSED CLINICAL SOCIAL WORKER WHO IS ALSO LICENSED AND REGIS-
TERED TO PRACTICE AS A LICENSED MASTER SOCIAL WORKER IN THE SAME TRIEN-
NIAL REGISTRATION PERIOD, SHALL NOT BE REQUIRED TO COMPLETE MORE THAN
THIRTY-SIX HOURS OF CONTINUING EDUCATION IN THE TRIENNIAL REGISTRATION
PERIOD, OR ONE HOUR PER MONTH FOR A REGISTRATION PERIOD OTHER THAN THIR-
TY-SIX MONTHS.
S. 4007--A 419 A. 3007--A
2. DURING EACH TRIENNIAL REGISTRATION PERIOD AN APPLICANT FOR REGIS-
TRATION AS A LICENSED MASTER SOCIAL WORKER OR LICENSED CLINICAL SOCIAL
WORKER SHALL COMPLETE A MINIMUM OF THIRTY-SIX HOURS OF ACCEPTABLE FORMAL
CONTINUING EDUCATION. ANY LICENSED MASTER SOCIAL WORKER OR LICENSED
CLINICAL SOCIAL WORKER WHOSE FIRST REGISTRATION DATE FOLLOWING THE
EFFECTIVE DATE OF THIS SECTION OCCURS LESS THAN THREE YEARS FROM SUCH
EFFECTIVE DATE, BUT ON OR AFTER JANUARY FIRST, TWO THOUSAND FIFTEEN,
SHALL COMPLETE CONTINUING EDUCATION HOURS ON A PRORATED BASIS AT THE
RATE OF ONE HOUR PER MONTH FOR THE PERIOD BEGINNING JANUARY FIRST, TWO
THOUSAND FIFTEEN UP TO THE FIRST REGISTRATION DATE THEREAFTER. A LICEN-
SEE WHO HAS NOT SATISFIED THE MANDATORY CONTINUING EDUCATION REQUIREMENT
SHALL NOT BE ISSUED A TRIENNIAL REGISTRATION CERTIFICATE BY THE DEPART-
MENT AND SHALL NOT PRACTICE UNLESS AND UNTIL A CONDITIONAL REGISTRATION
IS ISSUED AS PROVIDED FOR IN SUBDIVISION THREE OF THIS SECTION. CONTIN-
UING EDUCATION HOURS TAKEN DURING ONE TRIENNIUM SHALL NOT BE TRANSFERRED
TO THE SUBSEQUENT TRIENNIUM.
3. A. THE DEPARTMENT, IN ITS DISCRETION, MAY ISSUE A CONDITIONAL
REGISTRATION 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 COMPLETE 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
SUBMIT EVIDENCE, SATISFACTORY TO THE DEPARTMENT, OF REQUIRED CONTINUING
EDUCATION AND WHO PRACTICES WITHOUT SUCH REGISTRATION MAY BE SUBJECT TO
DISCIPLINARY PROCEEDINGS PURSUANT TO SECTION SIXTY-FIVE HUNDRED TEN OF
THIS ARTICLE.
B. FOR PURPOSES OF THIS SECTION "ACCEPTABLE FORMAL EDUCATION" SHALL
MEAN FORMAL COURSES OF LEARNING WHICH CONTRIBUTE TO PROFESSIONAL PRAC-
TICE IN SOCIAL WORK AND WHICH MEET THE STANDARDS PRESCRIBED BY REGU-
LATIONS OF THE COMMISSIONER. SUCH FORMAL COURSES OF LEARNING SHALL
INCLUDE, BUT NOT BE LIMITED TO, COLLEGIATE LEVEL CREDIT AND NON-CREDIT
COURSES, PROFESSIONAL DEVELOPMENT PROGRAMS AND TECHNICAL SESSIONS
OFFERED BY NATIONAL, STATE AND LOCAL PROFESSIONAL ASSOCIATIONS AND OTHER
ORGANIZATIONS ACCEPTABLE TO THE DEPARTMENT, AND ANY OTHER ORGANIZED
EDUCATIONAL AND TECHNICAL PROGRAMS ACCEPTABLE TO THE DEPARTMENT.
CONTINUING EDUCATION COURSES SHALL 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 COURSES IN
SPECIFIC SUBJECTS TO FULFILL THIS MANDATORY CONTINUING EDUCATION
REQUIREMENT. LICENSED MASTER SOCIAL WORKERS OR LICENSED CLINICAL SOCIAL
WORKERS SHALL MAINTAIN ADEQUATE DOCUMENTATION OF COMPLETION OF ACCEPTA-
BLE FORMAL CONTINUING EDUCATION AND SHALL PROVIDE SUCH DOCUMENTATION AT
THE REQUEST OF THE DEPARTMENT. FAILURE TO PROVIDE SUCH DOCUMENTATION
UPON THE REQUEST OF THE DEPARTMENT SHALL BE AN ACT OF MISCONDUCT SUBJECT
TO DISCIPLINARY PROCEEDINGS PURSUANT TO SECTION SIXTY-FIVE HUNDRED TEN
OF THIS ARTICLE.
C. THE MANDATORY CONTINUING EDUCATION FEE SHALL BE DETERMINED BY THE
DEPARTMENT. SUCH FEE SHALL BE PAYABLE ON OR BEFORE THE FIRST DAY OF
EACH TRIENNIAL REGISTRATION PERIOD AND SHALL BE PAID IN ADDITION TO THE
TRIENNIAL REGISTRATION FEE REQUIRED BY PARAGRAPH G OF SUBDIVISION ONE
S. 4007--A 420 A. 3007--A
AND PARAGRAPH G OF SUBDIVISION TWO OF SECTION SEVENTY-SEVEN HUNDRED FOUR
OF THIS TITLE.
TITLE 19
MASSAGE THERAPY
SECTION 7800. INTRODUCTION.
7801. DEFINITION OF PRACTICE OF MASSAGE THERAPY.
7802. PRACTICE OF MASSAGE THERAPY AND USE OF TITLE "MASSEUR",
"MASSEUSE" OR "MASSAGE THERAPIST" OR THE TERM "MASSAGE"
OR "MASSAGE THERAPY".
7803. STATE BOARD FOR MASSAGE THERAPY.
7804. REQUIREMENTS FOR A PROFESSIONAL LICENSE.
7805. EXEMPT PERSONS.
7806. LIMITED PERMITS.
7807. MANDATORY CONTINUING EDUCATION.
§ 7800. INTRODUCTION. THIS TITLE APPLIES TO THE PROFESSION OF MASSAGE
THERAPY. THE GENERAL PROVISIONS FOR ALL PROFESSIONS CONTAINED IN TITLE
ONE OF THIS ARTICLE SHALL APPLY TO THIS TITLE.
§ 7801. DEFINITION OF PRACTICE OF MASSAGE THERAPY. AS USED IN THIS
CHAPTER, THE PRACTICE OF THE PROFESSION OF MASSAGE THERAPY IS DEFINED AS
ENGAGING IN APPLYING A SCIENTIFIC SYSTEM OF ACTIVITY TO THE MUSCULAR
STRUCTURE OF THE HUMAN BODY BY MEANS OF STROKING, KNEADING, TAPPING AND
VIBRATING WITH THE HANDS OR VIBRATORS FOR THE PURPOSE OF IMPROVING
MUSCLE TONE AND CIRCULATION.
§ 7802. PRACTICE OF MASSAGE THERAPY AND USE OF TITLE "MASSEUR",
"MASSEUSE" OR "MASSAGE THERAPIST" OR THE TERM "MASSAGE" OR "MASSAGE
THERAPY". ONLY A PERSON LICENSED OR AUTHORIZED PURSUANT TO THIS TITLE
SHALL PRACTICE MASSAGE THERAPY AND ONLY A PERSON LICENSED UNDER THIS
TITLE SHALL USE THE TITLE "MASSEUR", "MASSEUSE" OR "MASSAGE THERAPIST".
NO PERSON, FIRM, PARTNERSHIP OR CORPORATION CLAIMING TO BE ENGAGED IN
THE PRACTICE OF MASSAGE OR MASSAGE THERAPY SHALL IN ANY MANNER DESCRIBE,
ADVERTISE, OR PLACE ANY ADVERTISEMENT FOR SERVICES AS DEFINED IN SECTION
SEVENTY-EIGHT HUNDRED ONE OF THIS TITLE UNLESS SUCH SERVICES ARE
PERFORMED BY A PERSON LICENSED OR AUTHORIZED PURSUANT TO THIS CHAPTER.
§ 7803. STATE BOARD FOR MASSAGE THERAPY. A STATE BOARD FOR MASSAGE
THERAPY SHALL BE APPOINTED BY THE COMMISSIONER FOR THE PURPOSE OF
ASSISTING 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 NOT LESS THAN SEVEN
PERSONS, FOUR OF WHOM SHALL HAVE BEEN ENGAGED IN THE TEACHING, RESEARCH,
OR PRACTICE OF MASSAGE THERAPY FOR AT LEAST THREE YEARS. THE REMAINING
THREE MEMBERS OF THE BOARD SHALL BE PHYSICIANS LICENSED IN THIS STATE.
AN EXECUTIVE SECRETARY TO THE BOARD SHALL BE APPOINTED BY THE COMMIS-
SIONER. AS USED IN THIS TITLE, "THE BOARD" SHALL MEAN THE STATE BOARD
FOR MASSAGE THERAPY AS APPOINTED PURSUANT TO THIS SECTION.
§ 7804. REQUIREMENTS FOR A PROFESSIONAL LICENSE. TO QUALIFY FOR A
LICENSE AS A MASSAGE THERAPIST, MASSEUR OR MASSEUSE, AN APPLICANT SHALL
FULFILL THE FOLLOWING REQUIREMENTS:
1. APPLICATION: FILE AN APPLICATION WITH THE DEPARTMENT;
2. EDUCATION: HAVE RECEIVED AN EDUCATION, INCLUDING HIGH SCHOOL GRADU-
ATION AND GRADUATION FROM A SCHOOL OR INSTITUTE OF MASSAGE THERAPY WITH
A PROGRAM REGISTERED BY THE DEPARTMENT, OR ITS SUBSTANTIAL EQUIVALENT IN
BOTH SUBJECT MATTER AND EXTENT OF TRAINING, PROVIDED THAT THE PROGRAM IN
SUCH SCHOOL OR INSTITUTE SHALL CONSIST OF CLASSROOM INSTRUCTION OF A
TOTAL OF NOT LESS THAN FIVE HUNDRED HOURS IN SUBJECTS SATISFACTORY TO
THE DEPARTMENT;
S. 4007--A 421 A. 3007--A
3. EXAMINATION: PASS AN EXAMINATION SATISFACTORY TO THE BOARD AND IN
ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS;
4. AGE: BE AT LEAST EIGHTEEN YEARS OF AGE;
5. CITIZENSHIP OR IMMIGRATION STATUS: BE A UNITED STATES CITIZEN OR AN
ALIEN LAWFULLY ADMITTED FOR PERMANENT RESIDENCE IN THE UNITED STATES;
6. CHARACTER: BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE DEPART-
MENT; AND
7. FEES: PAY A FEE OF ONE HUNDRED FIFTEEN DOLLARS TO THE DEPARTMENT
FOR ADMISSION TO A DEPARTMENT-CONDUCTED EXAMINATION AND FOR AN INITIAL
LICENSE, A FEE OF FORTY-FIVE DOLLARS FOR EACH REEXAMINATION, A FEE OF
FIFTY DOLLARS FOR AN INITIAL LICENSE FOR PERSONS NOT REQUIRING ADMISSION
TO A DEPARTMENT-CONDUCTED EXAMINATION, AND A FEE OF FIFTY DOLLARS FOR
EACH TRIENNIAL REGISTRATION PERIOD.
§ 7805. EXEMPT PERSONS. NOTHING CONTAINED IN THIS TITLE SHALL BE
CONSTRUED TO PROHIBIT:
1. THE PRACTICE OF MASSAGE THERAPY BY ANY PERSON WHO IS AUTHORIZED TO
PRACTICE MEDICINE, NURSING, OSTEOPATHY, PHYSIOTHERAPY, CHIROPRACTIC, OR
PODIATRY IN ACCORDANCE WITH THE PROVISIONS OF THIS ARTICLE.
2. THE PRACTICE OF A MASSAGE WHICH IS CUSTOMARILY GIVEN IN BARBER
SHOPS OR BEAUTY PARLORS FOR THE PURPOSE OF BEAUTIFICATION BY ANY
LICENSED BARBER OR BEAUTY CULTURIST.
3. THE PRACTICE OF MASSAGE THERAPY BY ANY PERSON EMPLOYED IN A MEDICAL
INSTITUTION LICENSED OR CHARTERED BY THE STATE OF NEW YORK, PROVIDED
THAT SUCH PERSON IS UNDER THE ON-SITE SUPERVISION OF A PERSON LICENSED
TO PRACTICE MASSAGE THERAPY OR AUTHORIZED TO PRACTICE MASSAGE THERAPY BY
SUBDIVISION ONE OF THIS SECTION, OR BY ANY PERSON ENROLLED IN A PROGRAM
OF A SCHOOL OR INSTITUTE OF MASSAGE THERAPY REGISTERED BY THE DEPART-
MENT, OR ENROLLED IN A PROGRAM WHICH SATISFIES THE REQUIREMENTS OF
SECTION SEVENTY-EIGHT HUNDRED FOUR OF THIS TITLE, PROVIDED THAT SUCH
PERSON IS UNDER THE ON-SITE SUPERVISION OF A PERSON LICENSED TO PRACTICE
MASSAGE THERAPY OR AUTHORIZED TO PRACTICE MASSAGE THERAPY BY SUBDIVISION
ONE OF THIS SECTION.
4. THE PRACTICE OF MASSAGE THERAPY BY ANY PERSON DULY EMPLOYED AS A
TRAINER BY A PROFESSIONAL ATHLETIC ASSOCIATION, CLUB OR TEAM, OR AS A
MEMBER OF THE PHYSICAL EDUCATION DEPARTMENT OF AN ACCREDITED UNIVERSITY,
COLLEGE OR HIGH SCHOOL.
5. THE PRACTICE OF MASSAGE THERAPY BY ANY PERSON EMPLOYED BY A CORPO-
RATION OR ASSOCIATION ORGANIZED EXCLUSIVELY FOR THE MORAL OR MENTAL
IMPROVEMENT OF MEN, WOMEN, OR CHILDREN.
6. A MASSAGE THERAPIST LICENSED AND IN GOOD STANDING IN ANOTHER STATE
OR COUNTRY FROM CONDUCTING A TEACHING DEMONSTRATION OF MODALITIES AND
TECHNIQUES THAT ARE WITHIN THE PRACTICE OF MASSAGE THERAPY IN CONNECTION
WITH A PROGRAM OF CONTINUING EDUCATION THAT IS CONDUCTED BY APPROVED
SPONSORS OF CONTINUING EDUCATION BY THE DEPARTMENT. ANY MASSAGE THERA-
PIST CONDUCTING A TEACHING DEMONSTRATION OF MODALITIES AND TECHNIQUES IN
NEW YORK STATE PURSUANT TO THIS SUBDIVISION SHALL BE SUBJECT TO THE
PERSONAL AND SUBJECT MATTER JURISDICTION AND DISCIPLINARY AND REGULATORY
AUTHORITY OF THE DEPARTMENT AS IF HE OR SHE IS A LICENSEE AND AS IF THE
EXEMPTION PURSUANT TO THIS SUBDIVISION IS A LICENSE. SUCH MASSAGE THERA-
PIST SHALL COMPLY WITH THE PROVISIONS OF THIS TITLE, THE RULES OF THE
DEPARTMENT, AND THE REGULATIONS OF THE COMMISSIONER, RELATING TO PROFES-
SIONAL MISCONDUCT, DISCIPLINARY PROCEEDINGS AND PENALTIES FOR PROFES-
SIONAL MISCONDUCT.
§ 7806. LIMITED PERMITS. 1. THE DEPARTMENT MAY ISSUE A LIMITED PERMIT
TO PRACTICE MASSAGE THERAPY AS A LICENSED MASSAGE THERAPIST, MASSEUR OR
MASSEUSE TO A PERSON WHO HAS NOT PREVIOUSLY HELD SUCH A PERMIT AND WHO
S. 4007--A 422 A. 3007--A
FULFILLS ALL EXCEPT THE EXAMINATION AND CITIZENSHIP REQUIREMENTS FOR A
LICENSE, PROVIDED HOWEVER THAT A PERMIT SHALL NOT BE ISSUED TO A PERSON
WHO HAS FAILED THE STATE LICENSING EXAMINATION.
2. THE LIMITED PERMIT SHALL BE VALID FOR A PERIOD OF NOT MORE THAN
TWELVE MONTHS OR UNTIL THE RESULTS OF THE NEXT LICENSING EXAMINATION FOR
WHICH THE PERSON IS ELIGIBLE ARE OFFICIALLY AVAILABLE, WHICHEVER COMES
FIRST.
3. A LIMITED PERMIT SHALL ENTITLE THE HOLDER TO PRACTICE MASSAGE THER-
APY ONLY UNDER THE PERSONAL SUPERVISION OF A PERSON CURRENTLY LICENSED
AND REGISTERED TO PRACTICE MASSAGE THERAPY IN THIS STATE.
4. THE FEE FOR A LIMITED PERMIT SHALL BE THIRTY-FIVE DOLLARS.
§ 7807. MANDATORY CONTINUING EDUCATION. 1. A. EACH MASSAGE THERAPIST
LICENSED PURSUANT TO THIS TITLE REQUIRED TO REGISTER TRIENNIALLY WITH
THE DEPARTMENT TO PRACTICE IN THE STATE SHALL COMPLY WITH THE PROVISIONS
OF THE MANDATORY CONTINUING EDUCATION REQUIREMENTS PRESCRIBED IN SUBDI-
VISION TWO OF THIS SECTION EXCEPT AS SET FORTH IN PARAGRAPHS B AND C OF
THIS SUBDIVISION. MASSAGE THERAPISTS WHO DO NOT SATISFY THE MANDATORY
CONTINUING EDUCATION REQUIREMENTS SHALL NOT PRACTICE UNTIL THEY HAVE MET
SUCH REQUIREMENTS, AND THEY HAVE BEEN ISSUED A REGISTRATION CERTIFICATE,
EXCEPT THAT A MASSAGE THERAPIST MAY PRACTICE WITHOUT HAVING MET SUCH
REQUIREMENTS IF HE OR SHE IS ISSUED A CONDITIONAL REGISTRATION CERTIF-
ICATE PURSUANT TO SUBDIVISION THREE OF THIS SECTION.
B. MASSAGE THERAPISTS SHALL BE EXEMPT FROM THE MANDATORY CONTINUING
EDUCATION REQUIREMENT FOR THE TRIENNIAL REGISTRATION PERIOD DURING WHICH
THEY ARE FIRST LICENSED. IN ACCORDANCE WITH THE INTENT OF THIS SECTION,
ADJUSTMENTS TO THE MANDATORY CONTINUING EDUCATION REQUIREMENT 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 MASSAGE THERAPIST NOT ENGAGED IN PROFESSIONAL PRACTICE,
AS DETERMINED BY THE DEPARTMENT, SHALL BE EXEMPT FROM THE MANDATORY
CONTINUING EDUCATION REQUIREMENT UPON THE FILING OF A STATEMENT WITH THE
DEPARTMENT DECLARING SUCH STATUS. ANY LICENSEE WHO RETURNS TO THE PRAC-
TICE OF MASSAGE THERAPY 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 REGU-
LATIONS OF THE COMMISSIONER.
2. DURING EACH TRIENNIAL REGISTRATION PERIOD AN APPLICANT FOR REGIS-
TRATION AS A MASSAGE THERAPIST SHALL COMPLETE A MINIMUM OF THIRTY-SIX
HOURS OF ACCEPTABLE FORMAL CONTINUING EDUCATION, A MAXIMUM OF TWELVE
HOURS OF WHICH MAY BE SELF-INSTRUCTIONAL COURSE WORK ACCEPTABLE TO THE
DEPARTMENT. ANY MASSAGE THERAPIST WHOSE FIRST REGISTRATION DATE FOLLOW-
ING 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 HOUR PER MONTH FOR THE PERIOD BEGIN-
NING JANUARY FIRST, TWO THOUSAND TWELVE UP TO THE FIRST REGISTRATION
DATE THEREAFTER. A LICENSEE WHO HAS NOT SATISFIED THE MANDATORY CONTINU-
ING EDUCATION REQUIREMENTS SHALL NOT BE ISSUED A TRIENNIAL REGISTRATION
CERTIFICATE BY THE DEPARTMENT AND SHALL NOT PRACTICE UNLESS AND UNTIL A
CONDITIONAL REGISTRATION CERTIFICATE IS ISSUED AS PROVIDED FOR IN SUBDI-
VISION THREE OF THIS SECTION, OR UNTIL HE OR SHE HAS OTHERWISE MET THE
REQUIREMENTS OF THIS SECTION.
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
S. 4007--A 423 A. 3007--A
AGREES TO MAKE UP ANY DEFICIENCIES AND COMPLETE 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
SUBMIT EVIDENCE, SATISFACTORY TO THE DEPARTMENT, OF REQUIRED CONTINUING
EDUCATION AND WHO PRACTICES WITHOUT SUCH REGISTRATION, MAY BE SUBJECT TO
DISCIPLINARY PROCEEDINGS PURSUANT TO SECTION SIXTY-FIVE HUNDRED TEN OF
THIS ARTICLE.
4. AS USED IN SUBDIVISION TWO OF THIS SECTION, "ACCEPTABLE FORMAL
CONTINUING EDUCATION" SHALL MEAN FORMAL PROGRAMS OF LEARNING WHICH
CONTRIBUTE TO PROFESSIONAL PRACTICE IN MASSAGE THERAPY WHICH ARE OFFERED
BY SPONSORS OF MASSAGE THERAPY CONTINUING EDUCATION APPROVED BY THE
DEPARTMENT IN CONSULTATION WITH THE STATE BOARD FOR MASSAGE THERAPY, TO
FULFILL THE MANDATORY CONTINUING EDUCATION REQUIREMENT. SPONSORS OF
MASSAGE THERAPY CONTINUING EDUCATION MAY INCLUDE, BUT ARE NOT LIMITED
TO, STATE OR NATIONAL PROFESSIONAL ASSOCIATIONS ESTABLISHED TO FURTHER
THE MASSAGE THERAPY PROFESSION, AND MAY INCLUDE ANY AFFILIATES OF INTER-
NATIONAL MASSAGE THERAPY CONFERENCES AT WHICH PROFESSIONAL CONTINUING
EDUCATION IS A MAJOR COMPONENT OF SUCH CONFERENCES, AS WELL AS PROGRAMS
REGISTERED AS LICENSURE-QUALIFYING FOR THE PROFESSION OF MASSAGE THERAPY
BY THE DEPARTMENT. SPONSORS OF MASSAGE THERAPY SHALL FILE AN APPLICA-
TION WITH THE DEPARTMENT AND PAY A FEE OF NINE HUNDRED DOLLARS. WHILE
PRESENTERS OF DIDACTIC INSTRUCTION MAY BE PROVIDED BY PERSONS WHO ARE
NOT LICENSED BY THE STATE OF NEW YORK AS MASSAGE THERAPISTS, THE PRACTI-
CAL APPLICATION OF SUCH MODALITIES AND TECHNIQUES SHALL BE DONE BY
LICENSED MASSAGE THERAPISTS, OR THOSE OTHERWISE AUTHORIZED, WHEN SUCH
CONTINUING EDUCATION OCCURS IN THE STATE OF NEW YORK.
5. MASSAGE THERAPISTS SHALL MAINTAIN ADEQUATE DOCUMENTATION OF
COMPLETION OF ACCEPTABLE FORMAL CONTINUING EDUCATION AND SHALL PROVIDE
SUCH DOCUMENTATION AT THE REQUEST OF THE DEPARTMENT. FAILURE TO PROVIDE
SUCH DOCUMENTATION UPON THE REQUEST OF THE DEPARTMENT SHALL BE AN ACT OF
MISCONDUCT SUBJECT TO DISCIPLINARY PROCEEDINGS PURSUANT TO SECTION
SIXTY-FIVE HUNDRED TEN OF THIS ARTICLE.
6. THE MANDATORY CONTINUING EDUCATION FEE SHALL BE FORTY-FIVE DOLLARS,
SHALL BE PAYABLE ON OR BEFORE THE FIRST DAY OF EACH TRIENNIAL REGISTRA-
TION PERIOD, AND SHALL BE PAID IN ADDITION TO THE TRIENNIAL REGISTRATION
FEE REQUIRED BY SECTION SEVENTY-ONE HUNDRED TWENTY-FOUR OF THIS ARTICLE.
TITLE 20
OCCUPATIONAL THERAPY
SECTION 7900. INTRODUCTION.
7901. DEFINITION.
7902. PRACTICE OF OCCUPATIONAL THERAPY AND USE OF TITLE "OCCU-
PATIONAL THERAPIST".
7902-A. PRACTICE OF OCCUPATIONAL THERAPY ASSISTANT AND USE OF
THE TITLE "OCCUPATIONAL THERAPY ASSISTANT".
7903. STATE BOARD FOR OCCUPATIONAL THERAPY.
7904. REQUIREMENTS FOR A PROFESSIONAL LICENSE.
7904-A. REQUIREMENTS FOR LICENSE AS AN OCCUPATIONAL THERAPY
ASSISTANT.
7905. LIMITED PERMITS.
7906. EXEMPT PERSONS.
7907. SPECIAL CONDITIONS.
7908. MANDATORY CONTINUING COMPETENCY.
S. 4007--A 424 A. 3007--A
§ 7900. INTRODUCTION. THIS TITLE APPLIES TO THE PROFESSION OF OCCUPA-
TIONAL THERAPY. THE GENERAL PROVISIONS FOR ALL PROFESSIONS CONTAINED IN
TITLE ONE OF THIS ARTICLE SHALL APPLY TO THIS TITLE.
§ 7901. DEFINITION. THE PRACTICE OF THE PROFESSION OF OCCUPATIONAL
THERAPY IS DEFINED AS THE FUNCTIONAL EVALUATION OF THE CLIENT, THE PLAN-
NING AND UTILIZATION OF A PROGRAM OF PURPOSEFUL ACTIVITIES, THE DEVELOP-
MENT AND UTILIZATION OF A TREATMENT PROGRAM, AND/OR CONSULTATION WITH
THE CLIENT, FAMILY, CAREGIVER OR ORGANIZATION IN ORDER TO RESTORE,
DEVELOP OR MAINTAIN ADAPTIVE SKILLS, AND/OR PERFORMANCE ABILITIES
DESIGNED TO ACHIEVE MAXIMAL PHYSICAL, COGNITIVE AND MENTAL FUNCTIONING
OF THE CLIENT ASSOCIATED WITH HIS OR HER ACTIVITIES OF DAILY LIVING AND
DAILY LIFE TASKS. A TREATMENT PROGRAM DESIGNED TO RESTORE FUNCTION,
SHALL BE RENDERED ON THE PRESCRIPTION OR REFERRAL OF A PHYSICIAN, NURSE
PRACTITIONER, OR OTHER HEALTH CARE PROVIDER ACTING WITHIN HIS OR HER
SCOPE OF PRACTICE PURSUANT TO THIS TITLE. HOWEVER, NOTHING CONTAINED IN
THIS TITLE SHALL BE CONSTRUED TO PERMIT ANY LICENSEE UNDER THIS TITLE TO
PRACTICE MEDICINE OR PSYCHOLOGY, INCLUDING PSYCHOTHERAPY, OR TO OTHER-
WISE EXPAND SUCH LICENSEE'S SCOPE OF PRACTICE BEYOND WHAT IS AUTHORIZED
BY THIS ARTICLE.
§ 7902. PRACTICE OF OCCUPATIONAL THERAPY AND USE OF TITLE "OCCUPA-
TIONAL THERAPIST". ONLY A PERSON LICENSED OR OTHERWISE AUTHORIZED TO
PRACTICE UNDER THIS TITLE SHALL PRACTICE OCCUPATIONAL THERAPY OR USE THE
TITLE "OCCUPATIONAL THERAPIST".
§ 7902-A. PRACTICE OF OCCUPATIONAL THERAPY ASSISTANT AND USE OF THE
TITLE "OCCUPATIONAL THERAPY ASSISTANT". ONLY A PERSON LICENSED OR OTHER-
WISE AUTHORIZED UNDER THIS TITLE SHALL PARTICIPATE IN THE PRACTICE OF
OCCUPATIONAL THERAPY AS AN OCCUPATIONAL THERAPY ASSISTANT OR USE THE
TITLE "OCCUPATIONAL THERAPY ASSISTANT". PRACTICE AS AN OCCUPATIONAL
THERAPY ASSISTANT SHALL INCLUDE THE PROVIDING OF OCCUPATIONAL THERAPY
AND CLIENT-RELATED SERVICES UNDER THE DIRECTION AND SUPERVISION OF AN
OCCUPATIONAL THERAPIST OR LICENSED PHYSICIAN IN ACCORDANCE WITH THE
COMMISSIONER'S REGULATIONS.
§ 7903. STATE BOARD FOR OCCUPATIONAL THERAPY. A STATE BOARD FOR OCCU-
PATIONAL THERAPY 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 ARTICLE. THE BOARD SHALL BE COMPOSED OF NOT LESS THAN SIX
LICENSED OCCUPATIONAL THERAPISTS, ONE LICENSED OCCUPATIONAL THERAPY
ASSISTANT, ONE PHYSICIAN, AND TWO MEMBERS OF THE PUBLIC WHO ARE NOT
LICENSED UNDER THIS TITLE. AN EXECUTIVE SECRETARY TO THE BOARD SHALL BE
APPOINTED BY THE BOARD OF REGENTS ON RECOMMENDATION OF THE COMMISSIONER.
AS USED IN THIS TITLE, "THE BOARD" SHALL MEAN THE STATE BOARD FOR OCCU-
PATIONAL THERAPY APPOINTED PURSUANT TO THIS SECTION.
§ 7904. REQUIREMENTS FOR A PROFESSIONAL LICENSE. TO QUALIFY FOR A
LICENSE AS AN OCCUPATIONAL THERAPIST, AN APPLICANT SHALL FULFILL THE
FOLLOWING REQUIREMENTS:
1. FILE AN APPLICATION WITH THE DEPARTMENT.
2. HAVE SATISFACTORILY COMPLETED AN APPROVED OCCUPATIONAL THERAPY
CURRICULUM IN AT LEAST A BACCALAUREATE OR MASTERS PROGRAM, OR ITS EQUIV-
ALENT, AS DETERMINED BY THE DEPARTMENT IN ACCORDANCE WITH THE COMMIS-
SIONER'S REGULATIONS.
3. HAVE A MINIMUM OF SIX MONTHS OF SUPERVISED OCCUPATIONAL THERAPY
EXPERIENCE WHICH SUPERVISION AND EXPERIENCE SHALL BE SATISFACTORY TO THE
BOARD AND IN ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS.
S. 4007--A 425 A. 3007--A
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. MEET NO REQUIREMENTS AS TO UNITED STATES CITIZENSHIP.
7. BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE DEPARTMENT.
8. PAY A FEE OF ONE HUNDRED FORTY DOLLARS TO THE DEPARTMENT FOR ADMIS-
SION TO A DEPARTMENT-CONDUCTED EXAMINATION AND FOR AN INITIAL LICENSE, A
FEE OF SEVENTY DOLLARS FOR EACH RE-EXAMINATION, A FEE OF ONE HUNDRED
FIFTEEN DOLLARS FOR AN INITIAL LICENSE FOR PERSONS NOT REQUIRING ADMIS-
SION TO A DEPARTMENT-CONDUCTED EXAMINATION, AND A FEE OF ONE HUNDRED
FIFTY-FIVE DOLLARS FOR EACH TRIENNIAL REGISTRATION PERIOD.
§ 7904-A. REQUIREMENTS FOR LICENSE AS AN OCCUPATIONAL THERAPY ASSIST-
ANT. TO QUALIFY FOR A LICENSE AS AN OCCUPATIONAL THERAPY ASSISTANT AN
APPLICANT SHALL FULFILL THE FOLLOWING REQUIREMENTS:
1. FILE AN APPLICATION WITH THE DEPARTMENT;
2. HAVE RECEIVED AN EDUCATION AS FOLLOWS: COMPLETION OF AT LEAST A
TWO-YEAR ASSOCIATE DEGREE PROGRAM FOR OCCUPATIONAL THERAPY ASSISTANTS
REGISTERED BY THE DEPARTMENT OR ACCREDITED BY A NATIONAL ACCREDITATION
AGENCY WHICH IS SATISFACTORY TO THE DEPARTMENT, OR ITS EQUIVALENT, AS
DETERMINED BY THE DEPARTMENT IN ACCORDANCE WITH THE COMMISSIONER'S REGU-
LATIONS;
3. HAVE A MINIMUM OF SIXTEEN WEEKS OF CLINICAL EXPERIENCE SATISFACTORY
TO THE BOARD AND IN ACCORDANCE WITH STANDARDS ESTABLISHED BY A NATIONAL
ACCREDITATION AGENCY WHICH IS SATISFACTORY TO THE DEPARTMENT;
4. BE AT LEAST EIGHTEEN YEARS OF AGE;
5. BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE DEPARTMENT;
6. PAY A FEE FOR AN INITIAL LICENSE AND A FEE FOR EACH TRIENNIAL
REGISTRATION PERIOD THAT SHALL BE ONE-HALF OF THE FEE FOR INITIAL
LICENSE AND FOR EACH TRIENNIAL REGISTRATION PERIOD ESTABLISHED FOR OCCU-
PATIONAL THERAPISTS; AND
7. EXCEPT AS OTHERWISE PROVIDED BY SUBDIVISION TWO OF SECTION SEVEN-
TY-NINE HUNDRED SEVEN OF THIS TITLE, PASS AN EXAMINATION ACCEPTABLE TO
THE DEPARTMENT.
§ 7905. LIMITED PERMITS. PERMITS LIMITED AS TO ELIGIBILITY, PRACTICE,
AND DURATION, SHALL BE ISSUED BY THE DEPARTMENT TO ELIGIBLE APPLICANTS,
AS FOLLOWS:
1. THE FOLLOWING PERSONS SHALL BE ELIGIBLE FOR A LIMITED PERMIT:
A. AN OCCUPATIONAL THERAPIST WHO HAS GRADUATED FROM AN OCCUPATIONAL
THERAPY CURRICULUM WITH A BACCALAUREATE DEGREE OR CERTIFICATE IN OCCUPA-
TIONAL THERAPY WHICH IS SUBSTANTIALLY EQUIVALENT TO A BACCALAUREATE
DEGREE SATISFACTORY TO THE BOARD AND IN ACCORDANCE WITH THE COMMISSION-
ER'S REGULATIONS; OR
B. A FOREIGN OCCUPATIONAL THERAPIST WHO IS IN THIS COUNTRY ON A NON-
IMMIGRATION VISA FOR THE CONTINUATION OF OCCUPATIONAL THERAPY STUDY,
PURSUANT TO THE EXCHANGE STUDENT PROGRAM OF THE UNITED STATES DEPARTMENT
OF STATE.
C. AN OCCUPATIONAL THERAPY ASSISTANT WHO HAS GRADUATED FROM AN ACCRED-
ITED OCCUPATIONAL THERAPY ASSISTANT CURRICULUM WITH AN ASSOCIATE'S
DEGREE SATISFACTORY TO THE BOARD OF OCCUPATIONAL THERAPY AND IN ACCORD-
ANCE WITH THE COMMISSIONER'S REGULATIONS.
2. A LIMITED PERMITTEE SHALL BE AUTHORIZED TO PRACTICE OCCUPATIONAL
THERAPY, OR IN THE CASE OF A LIMITED PERMIT ISSUED PURSUANT TO PARAGRAPH
C OF SUBDIVISION ONE OF THIS SECTION, ONLY UNDER THE DIRECT SUPERVISION
OF A LICENSED OCCUPATIONAL THERAPIST OR A LICENSED PHYSICIAN AND SHALL
PRACTICE ONLY IN A PUBLIC, VOLUNTARY, OR PROPRIETARY HOSPITAL, HEALTH
CARE AGENCY OR IN A PRESCHOOL OR AN ELEMENTARY OR SECONDARY SCHOOL FOR
S. 4007--A 426 A. 3007--A
THE PURPOSE OF PROVIDING OCCUPATIONAL THERAPY AS A RELATED SERVICE FOR A
HANDICAPPED CHILD. FOR PURPOSES OF THIS SUBDIVISION, SUPERVISION OF AN
INDIVIDUAL WITH A LIMITED PERMIT TO PRACTICE OCCUPATIONAL THERAPY ISSUED
BY THE DEPARTMENT SHALL BE DIRECT SUPERVISION AS DEFINED BY THE COMMIS-
SIONER'S REGULATIONS.
3. A LIMITED PERMIT SHALL BE VALID FOR ONE YEAR. A LIMITED PERMIT MAY
BE RENEWED ONCE FOR A PERIOD NOT TO EXCEED ONE ADDITIONAL YEAR, AT THE
DISCRETION OF THE DEPARTMENT, UPON THE SUBMISSION OF AN EXPLANATION
SATISFACTORY TO THE DEPARTMENT FOR AN APPLICANT'S FAILURE TO BECOME
LICENSED WITHIN THE ORIGINAL ONE-YEAR PERIOD.
4. THE FEE FOR A LIMITED PERMIT SHALL BE SEVENTY DOLLARS.
§ 7906. EXEMPT PERSONS. THIS TITLE SHALL NOT BE CONSTRUED TO AFFECT OR
PREVENT THE FOLLOWING, PROVIDED THAT NO TITLE, SIGN, CARD OR DEVICE
SHALL BE USED IN SUCH MANNER AS TO TEND TO CONVEY THE IMPRESSION THAT
THE PERSON RENDERING SUCH SERVICE IS A LICENSED OCCUPATIONAL THERAPIST:
1. A LICENSED PHYSICIAN FROM PRACTICING HIS OR HER PROFESSION UNDER
TITLE ONE AND TITLE TWO OF THIS ARTICLE.
2. QUALIFIED MEMBERS OF OTHER LICENSED OR LEGALLY RECOGNIZED
PROFESSIONS FROM PERFORMING WORK INCIDENTAL TO THE PRACTICE OF THEIR
PROFESSION, EXCEPT THAT SUCH PERSONS MAY NOT HOLD THEMSELVES OUT UNDER
THE TITLE OCCUPATIONAL THERAPIST OR AS PERFORMING OCCUPATIONAL THERAPY.
3. A STUDENT FROM ENGAGING IN CLINICAL PRACTICE AS PART OF AN ACCRED-
ITED PROGRAM IN OCCUPATIONAL THERAPY, PURSUANT TO SUBDIVISION THREE OF
SECTION SEVENTY-NINE HUNDRED FOUR OF THIS TITLE.
4. AN OCCUPATIONAL THERAPY ASSISTANT STUDENT FROM ENGAGING IN CLINICAL
PRACTICE UNDER THE DIRECTION AND SUPERVISION OF AN OCCUPATIONAL THERA-
PIST OR AN OCCUPATIONAL THERAPY ASSISTANT WHO IS UNDER THE SUPERVISION
OF AN OCCUPATIONAL THERAPIST, AS PART OF AN ACCREDITED OCCUPATIONAL
THERAPY ASSISTANT PROGRAM, AS DEFINED BY THE COMMISSIONER AND IN ACCORD-
ANCE WITH THE COMMISSIONER'S REGULATIONS.
5. THE CARE OF THE SICK BY ANY PERSON, PROVIDED SUCH PERSON IS
EMPLOYED PRIMARILY IN A DOMESTIC CAPACITY. THIS SHALL NOT AUTHORIZE THE
TREATMENT OF PATIENTS IN A HOME CARE SERVICE OF ANY HOSPITAL, CLINIC,
INSTITUTION OR AGENCY.
6. AN EMPLOYEE OF A FEDERAL AGENCY FROM USING THE TITLE OR PRACTICING
AS AN OCCUPATIONAL THERAPIST INSOFAR AS SUCH ACTIVITIES ARE REQUIRED BY
HIS OR HER SALARIED POSITION AND THE USE OF SUCH TITLE SHALL BE LIMITED
TO SUCH EMPLOYMENT.
7. THE FOLLOWING PEOPLE FROM WORKING UNDER THE DIRECT SUPERVISION OF A
LICENSED OCCUPATIONAL THERAPIST: AN INDIVIDUAL EMPLOYED BY THE STATE OR
MUNICIPAL GOVERNMENT UPON THE EFFECTIVE DATE OF THIS SECTION WHO
PERFORMS SUPPORTIVE SERVICES IN OCCUPATIONAL THERAPY SOLELY FOR THE TIME
SUCH PERSON CONTINUES IN SUCH EMPLOYMENT.
8. ANY OCCUPATIONAL THERAPIST WHO IS LICENSED IN ANOTHER STATE, UNITED
STATES POSSESSION OR COUNTRY OR WHO HAS RECEIVED AT LEAST A BACCALAU-
REATE DEGREE OR ITS EQUIVALENT IN OCCUPATIONAL THERAPY AND WHO IS EITHER
IN THIS STATE FOR THE PURPOSES OF:
A. CONSULTATION, PROVIDED SUCH PRACTICE IS LIMITED TO SUCH CONSULTA-
TION;
B. AN OCCUPATIONAL THERAPIST AUTHORIZED TO PRACTICE IN ANOTHER STATE
OR COUNTRY FROM CONDUCTING A TEACHING CLINICAL DEMONSTRATION IN
CONNECTION WITH A PROGRAM OF BASIC CLINICAL EDUCATION, GRADUATE EDUCA-
TION OR POST GRADUATE EDUCATION IN AN APPROVED SCHOOL OF OCCUPATIONAL
THERAPY OR ITS AFFILIATED CLINICAL FACILITY OR HEALTH CARE AGENCY OR
BEFORE A GROUP OF LICENSED OCCUPATIONAL THERAPISTS; OR
S. 4007--A 427 A. 3007--A
C. BECAUSE HE OR SHE RESIDES NEAR A BORDER OF THIS STATE, PROVIDED
SUCH PRACTICE IS LIMITED IN THIS STATE TO THE VICINITY OF SUCH BORDER
AND SAID OCCUPATIONAL THERAPIST DOES NOT MAINTAIN AN OFFICE OR PLACE TO
MEET PATIENTS OR RECEIVE CALLS IN THIS STATE.
§ 7907. SPECIAL CONDITIONS. 1. A PERSON WHO UPON THE EFFECTIVE DATE OF
THIS TITLE:
A. SUBMITS EVIDENCE OF A MINIMUM OF THREE YEARS OF EXPERIENCE WITH
TRAINING SATISFACTORY TO THE BOARD IN OCCUPATIONAL THERAPY AND IN
ACCORDANCE WITH THE REGULATIONS OF THE COMMISSIONER; OR
B. A BACCALAUREATE DEGREE OR ITS EQUIVALENT IN OCCUPATIONAL THERAPY,
SHALL BE LICENSED UPON THE FILING OF AN APPLICATION WITH THE DEPARTMENT
WITHIN SIX MONTHS OF THE EFFECTIVE DATE OF THIS TITLE.
2. A PERSON WHO ON THE EFFECTIVE DATE OF THIS SUBDIVISION HAS A
CURRENT REGISTRATION WITH THE DEPARTMENT AS AN OCCUPATIONAL THERAPY
ASSISTANT, IF SUCH PERSON MEETS THE REQUIREMENTS FOR A LICENSE ESTAB-
LISHED WITHIN THIS TITLE, EXCEPT FOR EXAMINATION, THE DEPARTMENT SHALL
ISSUE A LICENSE WITHOUT EXAMINATION.
§ 7908. MANDATORY CONTINUING COMPETENCY. 1. A. EACH LICENSED OCCUPA-
TIONAL THERAPIST AND OCCUPATIONAL THERAPY ASSISTANT REQUIRED UNDER THIS
TITLE TO REGISTER TRIENNIALLY WITH THE DEPARTMENT TO PRACTICE IN THE
STATE SHALL COMPLY WITH THE PROVISIONS OF THE MANDATORY CONTINUING
COMPETENCY REQUIREMENTS PRESCRIBED IN SUBDIVISION TWO OF THIS SECTION,
EXCEPT AS PROVIDED IN PARAGRAPHS B AND C OF THIS SUBDIVISION. OCCUPA-
TIONAL THERAPISTS AND OCCUPATIONAL THERAPY ASSISTANTS WHO DO NOT SATISFY
THE MANDATORY CONTINUING COMPETENCY REQUIREMENTS SHALL NOT BE AUTHORIZED
TO PRACTICE UNTIL THEY HAVE MET SUCH REQUIREMENTS, AND THEY HAVE BEEN
ISSUED A REGISTRATION CERTIFICATE, EXCEPT THAT AN OCCUPATIONAL THERAPIST
OR OCCUPATIONAL THERAPY ASSISTANT MAY PRACTICE WITHOUT HAVING MET SUCH
REQUIREMENTS IF HE OR SHE IS ISSUED A CONDITIONAL REGISTRATION PURSUANT
TO SUBDIVISION THREE OF THIS SECTION.
B. OCCUPATIONAL THERAPISTS AND OCCUPATIONAL THERAPY ASSISTANTS SHALL
BE EXEMPT FROM THE MANDATORY CONTINUING COMPETENCY REQUIREMENT FOR THE
TRIENNIAL REGISTRATION PERIOD DURING WHICH THEY ARE FIRST LICENSED.
ADJUSTMENT TO THE MANDATORY CONTINUING COMPETENCY REQUIREMENTS MAY BE
GRANTED BY THE DEPARTMENT FOR REASONS OF HEALTH OF THE LICENSEE WHERE
CERTIFIED BY AN APPROPRIATE HEALTH CARE PROFESSIONAL, FOR EXTENDED
ACTIVE DUTY WITH THE ARMED FORCES OF THE UNITED STATES, OR FOR OTHER
GOOD CAUSE ACCEPTABLE TO THE DEPARTMENT WHICH MAY PREVENT COMPLIANCE.
C. A LICENSED OCCUPATIONAL THERAPIST OR OCCUPATIONAL THERAPY ASSISTANT
NOT ENGAGED IN PRACTICE, AS DETERMINED BY THE DEPARTMENT, SHALL BE
EXEMPT FROM THE MANDATORY CONTINUING COMPETENCY REQUIREMENT UPON THE
FILING OF A STATEMENT WITH THE DEPARTMENT DECLARING SUCH STATUS. ANY
LICENSEE WHO RETURNS TO THE PRACTICE OF OCCUPATIONAL THERAPY DURING THE
TRIENNIAL REGISTRATION PERIOD SHALL NOTIFY THE DEPARTMENT PRIOR TO REEN-
TERING THE PROFESSION AND SHALL MEET SUCH MANDATORY CONTINUING COMPETEN-
CY REQUIREMENTS AS SHALL BE PRESCRIBED BY REGULATIONS OF THE COMMISSION-
ER.
2. A. DURING EACH TRIENNIAL REGISTRATION PERIOD AN APPLICANT FOR
REGISTRATION AS AN OCCUPATIONAL THERAPIST SHALL COMPLETE A MINIMUM OF
THIRTY-SIX HOURS OF LEARNING ACTIVITIES WHICH CONTRIBUTE TO CONTINUING
COMPETENCE, AS SPECIFIED IN SUBDIVISION FOUR OF THIS SECTION, PROVIDED
FURTHER THAT AT LEAST TWENTY-FOUR HOURS SHALL BE IN AREAS OF STUDY
PERTINENT TO THE SCOPE OF PRACTICE OF OCCUPATIONAL THERAPY. WITH THE
EXCEPTION OF CONTINUING EDUCATION HOURS TAKEN DURING THE REGISTRATION
PERIOD IMMEDIATELY PRECEDING THE EFFECTIVE DATE OF THIS SECTION, CONTIN-
S. 4007--A 428 A. 3007--A
UING EDUCATION HOURS TAKEN DURING ONE TRIENNIUM SHALL NOT BE TRANSFERRED
TO A SUBSEQUENT TRIENNIUM.
B. DURING EACH TRIENNIAL REGISTRATION PERIOD AN APPLICANT FOR REGIS-
TRATION AS AN OCCUPATIONAL THERAPY ASSISTANT SHALL COMPLETE A MINIMUM OF
THIRTY-SIX HOURS OF LEARNING ACTIVITIES WHICH CONTRIBUTE TO CONTINUING
COMPETENCE AS SPECIFIED IN SUBDIVISION FOUR OF THIS SECTION, PROVIDED
FURTHER THAT AT LEAST TWENTY-FOUR HOURS SHALL BE IN RECOGNIZED AREAS OF
STUDY PERTINENT TO THE LICENSEE'S PROFESSIONAL SCOPE OF PRACTICE OF
OCCUPATIONAL THERAPY. WITH THE EXCEPTION OF CONTINUING EDUCATION HOURS
TAKEN DURING THE REGISTRATION PERIOD IMMEDIATELY PRECEDING THE EFFECTIVE
DATE OF THIS SECTION, CONTINUING EDUCATION HOURS TAKEN DURING ONE TRIEN-
NIUM SHALL NOT BE TRANSFERRED TO A SUBSEQUENT TRIENNIUM.
C. ANY OCCUPATIONAL THERAPIST OR OCCUPATIONAL THERAPY ASSISTANT WHOSE
FIRST REGISTRATION DATE FOLLOWING THE EFFECTIVE DATE OF THIS SECTION
OCCURS LESS THAN THREE YEARS FROM SUCH EFFECTIVE DATE BUT ON OR AFTER
JANUARY FIRST, TWO THOUSAND THIRTEEN, SHALL COMPLETE CONTINUING COMPE-
TENCY HOURS ON A PRORATED BASIS AT THE RATE OF ONE-HALF HOUR PER MONTH
FOR THE PERIOD BEGINNING JANUARY FIRST, TWO THOUSAND THIRTEEN UP TO THE
FIRST REGISTRATION DATE.
D. THEREAFTER, A LICENSEE WHO HAS NOT SATISFIED THE MANDATORY CONTINU-
ING COMPETENCY REQUIREMENTS SHALL NOT BE ISSUED A TRIENNIAL REGISTRATION
CERTIFICATE BY THE DEPARTMENT AND SHALL NOT PRACTICE UNLESS AND UNTIL A
CONDITIONAL REGISTRATION CERTIFICATE IS ISSUED AS PROVIDED FOR IN SUBDI-
VISION THREE OF THIS SECTION.
3. THE DEPARTMENT, IN ITS DISCRETION, MAY ISSUE A CONDITIONAL REGIS-
TRATION TO A LICENSEE WHO FAILS TO MEET THE CONTINUING COMPETENCY
REQUIREMENTS ESTABLISHED IN SUBDIVISION TWO OF THIS SECTION, BUT WHO
AGREES TO MAKE UP ANY DEFICIENCIES AND COMPLETE ANY ADDITIONAL LEARNING
ACTIVITIES WHICH THE DEPARTMENT MAY REQUIRE. THE FEE FOR SUCH A CONDI-
TIONAL REGISTRATION SHALL BE THE SAME AS, AND IN ADDITION TO, THE FEE
FOR THE TRIENNIAL REGISTRATION. THE DURATION OF SUCH CONDITIONAL REGIS-
TRATION SHALL BE DETERMINED BY THE DEPARTMENT BUT SHALL NOT EXCEED ONE
YEAR. ANY LICENSEE WHO IS NOTIFIED OF THE DENIAL OF REGISTRATION FOR
FAILURE TO SUBMIT EVIDENCE, SATISFACTORY TO THE DEPARTMENT, OF REQUIRED
CONTINUING COMPETENCY LEARNING ACTIVITIES AND WHO PRACTICES WITHOUT SUCH
REGISTRATION, MAY BE SUBJECT TO DISCIPLINARY PROCEEDINGS PURSUANT TO
SECTION SIXTY-FIVE HUNDRED TEN OF THIS ARTICLE.
4. AS USED IN SUBDIVISION TWO OF THIS SECTION, "ACCEPTABLE LEARNING
ACTIVITIES" SHALL MEAN ACTIVITIES WHICH CONTRIBUTE TO PROFESSIONAL PRAC-
TICE IN OCCUPATIONAL THERAPY, AND WHICH MEET THE STANDARDS PRESCRIBED IN
THE REGULATIONS OF THE COMMISSIONER. SUCH LEARNING ACTIVITIES SHALL
INCLUDE, BUT NOT BE LIMITED TO, COLLEGIATE LEVEL CREDIT AND NON-CREDIT
COURSES, SELF-STUDY ACTIVITIES, INDEPENDENT STUDY, FORMAL MENTORING
ACTIVITIES, PUBLICATIONS IN PROFESSIONAL JOURNALS, PROFESSIONAL DEVELOP-
MENT PROGRAMS AND TECHNICAL SESSIONS; SUCH LEARNING ACTIVITIES MAY BE
OFFERED AND SPONSORED BY NATIONAL, STATE AND LOCAL PROFESSIONAL ASSOCI-
ATIONS AND OTHER ORGANIZATIONS OR PARTIES ACCEPTABLE TO THE DEPARTMENT,
AND ANY OTHER ORGANIZED EDUCATIONAL AND TECHNICAL LEARNING ACTIVITIES
ACCEPTABLE TO THE DEPARTMENT. THE DEPARTMENT MAY, IN ITS DISCRETION AND
AS NEEDED TO CONTRIBUTE TO THE HEALTH AND WELFARE OF THE PUBLIC, REQUIRE
THE COMPLETION OF CONTINUING COMPETENCY LEARNING ACTIVITIES IN SPECIFIC
SUBJECTS TO FULFILL THIS MANDATORY CONTINUING COMPETENCY REQUIREMENT.
LEARNING ACTIVITIES SHALL BE TAKEN FROM A SPONSOR APPROVED BY THE
DEPARTMENT, PURSUANT TO THE REGULATIONS OF THE COMMISSIONER.
5. OCCUPATIONAL THERAPISTS AND OCCUPATIONAL THERAPY ASSISTANTS SHALL
MAINTAIN ADEQUATE DOCUMENTATION OF COMPLETION OF A. A LEARNING PLAN THAT
S. 4007--A 429 A. 3007--A
SHALL RECORD CURRENT AND ANTICIPATED ROLES AND RESPONSIBILITIES BUT
SHALL NOT REQUIRE THE RECORDS OF PEER REVIEW OR SELF-ASSESSMENT OF
COMPETENCIES, AND B. ACCEPTABLE CONTINUING COMPETENCY LEARNING ACTIV-
ITIES AND SHALL PROVIDE SUCH DOCUMENTATION AT THE REQUEST OF THE DEPART-
MENT. FAILURE TO PROVIDE SUCH DOCUMENTATION UPON REQUEST OF THE DEPART-
MENT SHALL BE AN ACT OF MISCONDUCT SUBJECT TO THE DISCIPLINARY
PROCEEDINGS PURSUANT TO SECTION SIXTY-FIVE HUNDRED TEN OF THIS TITLE.
6. THE MANDATORY CONTINUING COMPETENCY FEE SHALL BE FORTY-FIVE DOLLARS
FOR OCCUPATIONAL THERAPISTS AND TWENTY-FIVE DOLLARS FOR OCCUPATIONAL
THERAPY ASSISTANTS, SHALL BE PAYABLE ON OR BEFORE THE FIRST DAY OF EACH
TRIENNIAL REGISTRATION PERIOD, AND SHALL BE PAID IN ADDITION TO THE
TRIENNIAL REGISTRATION FEE REQUIRED BY SECTION SEVENTY-NINE HUNDRED FOUR
OF THIS TITLE.
TITLE 21
DIETETICS AND NUTRITION
SECTION 8000. INTRODUCTION.
8001. DEFINITIONS.
8002. USE OF TITLES.
8003. STATE BOARD FOR DIETETICS AND NUTRITION.
8004. REQUIREMENTS FOR CERTIFICATION.
8005. SPECIAL PROVISIONS.
8006. SPECIAL CONDITIONS.
§ 8000. INTRODUCTION. THIS TITLE APPLIES TO THE USE OF THE TITLES
"CERTIFIED DIETITIAN" AND "CERTIFIED NUTRITIONIST". THE GENERAL
PROVISION FOR ALL PROFESSIONS CONTAINED IN TITLE ONE OF THIS ARTICLE
SHALL APPLY TO THIS TITLE.
§ 8001. DEFINITIONS. 1. DIETETICS AND NUTRITION ARE EACH DEFINED IN
THIS SECTION AS THE INTEGRATION AND APPLICATION OF PRINCIPLES DERIVED
FROM THE SCIENCES OF NUTRITION, BIOCHEMISTRY, PHYSIOLOGY, FOOD MANAGE-
MENT AND BEHAVIORAL AND SOCIAL SCIENCES TO ACHIEVE AND MAINTAIN PEOPLE'S
HEALTH.
2. WHERE THE TITLE "CERTIFIED DIETITIAN" OR "CERTIFIED NUTRITIONIST"
IS USED IN THIS ARTICLE IT SHALL MEAN "CERTIFIED DIETITIAN", "CERTIFIED
DIETICIAN", OR "CERTIFIED NUTRITIONIST".
3. A CERTIFIED DIETITIAN OR CERTIFIED NUTRITIONIST IS ONE WHO ENGAGES
IN THE INTEGRATION AND APPLICATION OF PRINCIPLES DERIVED FROM THE
SCIENCES OF NUTRITION, BIOCHEMISTRY, PHYSIOLOGY, FOOD MANAGEMENT AND
BEHAVIORAL AND SOCIAL SCIENCES TO ACHIEVE AND MAINTAIN PEOPLE'S HEALTH,
AND WHO IS CERTIFIED AS SUCH BY THE DEPARTMENT PURSUANT TO SECTION EIGHT
THOUSAND FOUR OF THIS TITLE. THE PRIMARY FUNCTION OF A CERTIFIED DIETI-
TIAN OR CERTIFIED NUTRITIONIST IS THE PROVISION OF NUTRITION CARE
SERVICES THAT SHALL INCLUDE:
A. ASSESSING NUTRITION NEEDS AND FOOD PATTERNS;
B. PLANNING FOR AND DIRECTING THE PROVISION OF FOOD APPROPRIATE FOR
PHYSICAL AND NUTRITION NEEDS; AND
C. PROVIDING NUTRITION COUNSELING.
§ 8002. USE OF TITLES. ONLY A PERSON CERTIFIED UNDER THIS TITLE SHALL
BE AUTHORIZED TO USE THE TITLE "CERTIFIED DIETITIAN", "CERTIFIED DIETI-
CIAN", OR "CERTIFIED NUTRITIONIST".
§ 8003. STATE BOARD FOR DIETETICS AND NUTRITION. 1. A STATE BOARD FOR
DIETETICS AND NUTRITION SHALL BE APPOINTED BY THE COMMISSIONER, FOR THE
PURPOSE OF ASSISTING THE DEPARTMENT ON MATTERS OF CERTIFICATION AND
PROFESSIONAL CONDUCT IN ACCORDANCE WITH SECTION SIXTY-FIVE HUNDRED EIGHT
OF THIS ARTICLE.
S. 4007--A 430 A. 3007--A
2. THE BOARD SHALL CONSIST OF NOT LESS THAN THIRTEEN MEMBERS, TEN OF
WHOM SHALL BE CERTIFIED DIETITIANS OR CERTIFIED NUTRITIONISTS, EXCEPT
THAT THE MEMBERS OF THE FIRST BOARD NEED NOT BE CERTIFIED BUT SHALL BE
PERSONS WHO ARE ELIGIBLE FOR CERTIFICATION UNDER THE PROVISIONS OF THIS
TITLE PRIOR TO THEIR APPOINTMENT TO THE BOARD. THE FIRST BOARD, WITH
RESPECT TO MEMBERS REPRESENTING THE PROFESSION, SHALL CONSIST OF FIVE
MEMBERS REGISTERED BY A NATIONAL DIETETIC ASSOCIATION HAVING REGISTRA-
TION STANDARDS ACCEPTABLE TO THE DEPARTMENT AND FIVE MEMBERS WHO ARE
MEMBERS OF OR REGISTERED BY A NATIONAL NUTRITIONAL ASSOCIATION HAVING
MEMBERSHIP AND/OR REGISTRATION STANDARDS ACCEPTABLE TO THE DEPARTMENT.
THEREAFTER, MEMBERS OF THE PROFESSION APPOINTED TO SUCH BOARD SHALL BE
CERTIFIED PURSUANT TO THIS TITLE. TO THE EXTENT REASONABLE, THE DEPART-
MENT SHOULD INSURE THE STATE BOARD IS BROADLY REPRESENTATIVE OF VARIOUS
PROFESSIONAL INTERESTS WITHIN THE DIETETIC AND NUTRITIONAL COMMUNITY.
THREE MEMBERS SHALL BE REPRESENTATIVES OF THE GENERAL PUBLIC. AN EXECU-
TIVE SECRETARY TO THE BOARD SHALL BE APPOINTED BY THE COMMISSIONER.
§ 8004. REQUIREMENTS FOR CERTIFICATION. TO QUALIFY FOR CERTIFICATION,
AN APPLICANT SHALL FULFILL THE FOLLOWING REQUIREMENTS:
1. FILE AN APPLICATION WITH THE DEPARTMENT;
2. A. (I) HAVE RECEIVED AN EDUCATION INCLUDING A BACHELOR'S DEGREE, OR
ITS EQUIVALENT AS DETERMINED BY THE DEPARTMENT, IN DIETETICS/NUTRITION
OR AN EQUIVALENT MAJOR COURSE OF STUDY WHICH SHALL INCLUDE APPROPRIATE
CORE CURRICULUM COURSES IN DIETETICS/NUTRITION FROM AN ACCREDITED
COLLEGE OR UNIVERSITY AS APPROVED BY THE DEPARTMENT, IN ACCORDANCE WITH
THE COMMISSIONER'S REGULATIONS; AND
(II) HAVE COMPLETED A PLANNED, CONTINUOUS, EXPERIENCE COMPONENT, IN
ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS, IN DIETETIC OR NUTRITION
PRACTICE UNDER THE SUPERVISION OF A CERTIFIED DIETITIAN OR CERTIFIED
NUTRITIONIST OR A DIETITIAN OR NUTRITIONIST WHO IS REGISTERED BY OR IS A
MEMBER OF A NATIONAL DIETETIC ASSOCIATION OR NATIONAL NUTRITION ASSOCI-
ATION HAVING REGISTRATION OR MEMBERSHIP STANDARDS ACCEPTABLE TO THE
DEPARTMENT; SUCH EXPERIENCE SHALL BE SATISFACTORY TO THE BOARD AND IN
ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS; OR
B. (I) HAVE RECEIVED AN EDUCATION INCLUDING AN ASSOCIATES DEGREE IN
DIETETICS OR NUTRITION ACCEPTABLE TO THE DEPARTMENT;
(II) IN THE LAST FIFTEEN YEARS HAVE COMPLETED TEN YEARS OF EXPERIENCE
AND EDUCATION IN THE FIELD OF DIETETICS OR NUTRITION SATISFACTORY TO THE
BOARD IN ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS. THESE TEN YEARS
MUST BE THE FULL TIME EQUIVALENT OF ANY COMBINATION OF POST SECONDARY
DIETETIC OR NUTRITION EDUCATION AND DIETETIC OR NUTRITION WORK EXPERI-
ENCE SATISFACTORY TO THE BOARD IN ACCORDANCE WITH THE COMMISSIONER'S
REGULATIONS; AND
(III) HAVE OBTAINED THE ENDORSEMENT OF THREE DIETITIANS OR NUTRITION-
ISTS ACCEPTABLE TO THE DEPARTMENT;
3. PASS AN EXAMINATION SATISFACTORY TO THE BOARD AND IN ACCORDANCE
WITH THE COMMISSIONER'S REGULATIONS; PROVIDED THAT SUCH EXAMINATION
SHALL TEST A LEVEL OF KNOWLEDGE AND EXPERIENCE EQUIVALENT TO THAT
OBTAINED BY AN INDIVIDUAL SATISFACTORILY MEETING THE REQUIREMENTS OF
PARAGRAPH A OF SUBDIVISION TWO OF THIS SECTION;
4. PAY A FEE OF ONE HUNDRED SEVENTY-FIVE DOLLARS TO THE DEPARTMENT FOR
ADMISSION TO A DEPARTMENT CONDUCTED EXAMINATION AND FOR INITIAL CERTIF-
ICATION, A FEE OF EIGHTY-FIVE DOLLARS FOR EACH REEXAMINATION, A FEE OF
ONE HUNDRED FIFTEEN DOLLARS FOR AN INITIAL CERTIFICATION FOR PERSONS NOT
REQUIRING ADMISSION TO A DEPARTMENT CONDUCTED EXAMINATION, A FEE OF ONE
HUNDRED FIFTY-FIVE DOLLARS FOR EACH TRIENNIAL REGISTRATION PERIOD; AND
5. BE AT LEAST EIGHTEEN YEARS OF AGE.
S. 4007--A 431 A. 3007--A
§ 8005. SPECIAL PROVISIONS. NOTHING CONTAINED IN THIS TITLE SHALL BE
DEEMED TO ALTER, MODIFY OR IMPAIR ANY CONDITIONS OF EMPLOYMENT RELATING
TO SERVICE IN THE FEDERAL GOVERNMENT, THE STATE OF NEW YORK, ITS POLI-
TICAL SUBDIVISIONS, INCLUDING SCHOOL DISTRICTS, OR SPECIAL DISTRICTS AND
AUTHORITIES OR ANY FACILITIES OR INSTITUTIONS UNDER THE JURISDICTION OF
OR SUBJECT TO THE CERTIFICATION OF ANY AGENCY OF THE STATE OF NEW YORK
OR ITS POLITICAL SUBDIVISIONS.
§ 8006. SPECIAL CONDITIONS. A PERSON SHALL BE CERTIFIED WITHOUT EXAM-
INATION PROVIDED THAT, WITHIN THREE YEARS OF THE EFFECTIVE DATE OF THIS
TITLE, THE INDIVIDUAL:
1. FILES AN APPLICATION AND PAYS THE APPROPRIATE FEES TO THE DEPART-
MENT; AND
2. A. IS REGISTERED AS A DIETITIAN OR NUTRITIONIST BY A NATIONAL DIET-
ETIC OR NATIONAL NUTRITION ASSOCIATION HAVING REGISTRATION STANDARDS
ACCEPTABLE TO THE DEPARTMENT;
B. MEETS THE REQUIREMENTS OF SUBPARAGRAPH ONE OF PARAGRAPH A OF SUBDI-
VISION TWO AND SUBDIVISION FIVE OF SECTION EIGHT THOUSAND FOUR OF THIS
TITLE AND HAS BEEN ACTIVELY ENGAGED IN THE PROVISION OF NUTRITION CARE
SERVICES FOR A MINIMUM OF THREE YEARS DURING THE FIVE YEARS IMMEDIATELY
PRECEDING THE EFFECTIVE DATE OF THIS TITLE; OR
C. MEETS ALL THE REQUIREMENTS OF PARAGRAPH B OF SUBDIVISION TWO AND
SUBDIVISION FIVE OF SECTION EIGHT THOUSAND FOUR OF THIS TITLE.
TITLE 22
SPEECH-LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS
SECTION 8100. INTRODUCTION.
8101. DEFINITION OF PRACTICE OF SPEECH-LANGUAGE PATHOLOGY.
8102. PRACTICE OF SPEECH-LANGUAGE PATHOLOGY.
8103. DEFINITION OF PRACTICE OF AUDIOLOGY.
8104. PRACTICE OF AUDIOLOGY.
8105. STATE BOARD FOR SPEECH-LANGUAGE PATHOLOGY AND AUDIOLOGY.
8106. REQUIREMENTS FOR A PROFESSIONAL LICENSE.
8106-A. LIMITED LICENSE.
8107. EXEMPT PERSONS.
8108. SPECIAL PROVISIONS.
8109. MANDATORY CONTINUING COMPETENCY.
§ 8100. INTRODUCTION. THIS TITLE APPLIES TO THE PROFESSIONS OF SPEECH-
LANGUAGE PATHOLOGY AND AUDIOLOGY. THE GENERAL PROVISIONS FOR ALL
PROFESSIONS CONTAINED IN TITLE ONE OF THIS ARTICLE APPLY TO THIS TITLE.
§ 8101. DEFINITION OF PRACTICE OF SPEECH-LANGUAGE PATHOLOGY. THE PRAC-
TICE OF THE PROFESSION OF SPEECH-LANGUAGE PATHOLOGY SHALL MEAN THE
APPLICATION OF PRINCIPLES, METHODS AND PROCEDURES OF MEASUREMENT,
PREDICTION, NON-MEDICAL DIAGNOSIS, TESTING, COUNSELLING, CONSULTATION,
REHABILITATION AND INSTRUCTION RELATED TO THE DEVELOPMENT AND DISORDERS
OF SPEECH, VOICE, SWALLOWING, AND/OR LANGUAGE FOR THE PURPOSE OF
PREVENTING, AMELIORATING OR MODIFYING SUCH DISORDER CONDITIONS IN INDI-
VIDUALS AND/OR GROUPS OF INDIVIDUALS.
§ 8102. PRACTICE OF SPEECH-LANGUAGE PATHOLOGY. ONLY A PERSON LICENSED
OR OTHERWISE AUTHORIZED UNDER THIS TITLE SHALL PRACTICE SPEECH-LANGUAGE
PATHOLOGY OR USE THE TITLE OF SPEECH-LANGUAGE PATHOLOGIST.
§ 8103. DEFINITION OF PRACTICE OF AUDIOLOGY. THE PRACTICE OF THE
PROFESSION OF AUDIOLOGY SHALL MEAN THE APPLICATION OF PRINCIPLES, METH-
ODS AND PROCEDURES OF MEASUREMENT, TESTING, EVALUATION, CONSULTATION,
COUNSELLING, INSTRUCTION AND HABILITATION OR REHABILITATION RELATED TO
HEARING AND ITS DISORDERS, RELATED COMMUNICATION IMPAIRMENTS AND VESTI-
BULAR DISORDERS FOR THE PURPOSE OF NON-MEDICAL DIAGNOSIS, PREVENTION,
S. 4007--A 432 A. 3007--A
IDENTIFICATION, AMELIORATION OR MODIFICATION OF SUCH DISORDERS AND
CONDITIONS IN INDIVIDUALS AND/OR GROUPS OF INDIVIDUALS.
§ 8104. PRACTICE OF AUDIOLOGY. ONLY A PERSON LICENSED OR OTHERWISE
AUTHORIZED UNDER THIS TITLE SHALL PRACTICE AUDIOLOGY OR USE THE TITLE
AUDIOLOGIST.
§ 8105. STATE BOARD FOR SPEECH-LANGUAGE PATHOLOGY AND AUDIOLOGY. A
STATE BOARD FOR SPEECH-LANGUAGE PATHOLOGY AND AUDIOLOGY SHALL BE
APPOINTED BY THE COMMISSIONER FOR THE PURPOSE OF ASSISTING THE DEPART-
MENT ON MATTERS OF PROFESSIONAL LICENSING AND PROFESSIONAL CONDUCT IN
ACCORDANCE WITH SECTION SIXTY-FIVE HUNDRED EIGHT OF THIS TITLE. THE
BOARD SHALL CONSIST OF NOT LESS THAN SEVEN MEMBERS, THREE OF WHOM SHALL
BE AUDIOLOGISTS AND FOUR OF WHOM SHALL BE SPEECH-LANGUAGE PATHOLOGISTS.
EACH SPEECH-LANGUAGE PATHOLOGIST AND AUDIOLOGIST ON THE BOARD SHALL BE
LICENSED AND HAVE PRACTICED IN THIS STATE FOR AT LEAST FIVE YEARS, AS
PROVIDED UNDER THIS TITLE EXCEPT THAT THE MEMBERS OF THE FIRST BOARD
NEED NOT BE LICENSED PRIOR TO THEIR APPOINTMENT TO THE BOARD. AN EXECU-
TIVE SECRETARY TO THE BOARD SHALL BE APPOINTED BY THE COMMISSIONER.
§ 8106. REQUIREMENTS FOR A PROFESSIONAL LICENSE. TO QUALIFY FOR A
LICENSE AS A SPEECH-LANGUAGE PATHOLOGIST OR AUDIOLOGIST, AN APPLICANT
SHALL FULFILL THE FOLLOWING REQUIREMENTS:
1. APPLICATION: FILE AN APPLICATION WITH THE DEPARTMENT;
2. EDUCATION: HAVE OBTAINED AT LEAST A MASTERS DEGREE IN SPEECH-LAN-
GUAGE PATHOLOGY AND/OR AUDIOLOGY OR ITS EQUIVALENT, AS DETERMINED BY THE
DEPARTMENT, IN ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS;
3. EXPERIENCE: HAVE EXPERIENCE SATISFACTORY TO THE BOARD AND IN
ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS;
4. EXAMINATION: PASS AN EXAMINATION SATISFACTORY TO THE BOARD AND IN
ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS;
5. AGE: BE AT LEAST TWENTY-ONE YEARS OF AGE;
6. CHARACTER: BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE DEPART-
MENT; AND
7. FEES: PAY A FEE OF ONE HUNDRED FORTY DOLLARS TO THE DEPARTMENT FOR
ADMISSION TO A DEPARTMENT CONDUCTED EXAMINATION AND FOR AN INITIAL
LICENSE, A FEE OF SEVENTY DOLLARS FOR EACH REEXAMINATION, A FEE OF ONE
HUNDRED FIFTEEN DOLLARS FOR AN INITIAL LICENSE FOR PERSONS NOT REQUIRING
ADMISSION TO A DEPARTMENT CONDUCTED EXAMINATION, AND A FEE OF ONE
HUNDRED FIFTY-FIVE DOLLARS FOR EACH TRIENNIAL REGISTRATION PERIOD.
§ 8106-A. LIMITED LICENSE. 1. THE DEPARTMENT SHALL ISSUE A LIMITED
LICENSE TO AN APPLICANT FOR A LICENSE AS A SPEECH-LANGUAGE PATHOLOGIST
WHO MEETS ALL REQUIREMENTS SET FORTH IN THIS SECTION.
2. ANY PERSON ENGAGING IN CLINICAL OR ACADEMIC PRACTICE UNDER THE
SUPERVISION OF A LICENSED SPEECH-LANGUAGE PATHOLOGIST FOR SUCH PERIOD OF
TIME AS MAY BE NECESSARY TO COMPLETE AN EXPERIENCE REQUIREMENT FOR A
PROFESSIONAL LICENSE AS A SPEECH-LANGUAGE PATHOLOGIST SHALL BE ELIGIBLE
FOR A LIMITED LICENSE.
3. A LIMITED LICENSEE SHALL BE AUTHORIZED TO PRACTICE SPEECH-LANGUAGE
PATHOLOGY ONLY UNDER THE SUPERVISION OF A LICENSED SPEECH-LANGUAGE
PATHOLOGIST.
4. A LIMITED LICENSE SHALL BE VALID FOR ONE YEAR. IT MAY BE RENEWED
FOR ADDITIONAL ONE YEAR PERIODS UNTIL SUCH TIME AS MAY BE NECESSARY TO
COMPLETE AN EXPERIENCE REQUIREMENT FOR A PROFESSIONAL LICENSE AS A
SPEECH-LANGUAGE PATHOLOGIST.
5. THE FEE FOR A LIMITED LICENSE SHALL BE SEVENTY DOLLARS.
§ 8107. EXEMPT PERSONS. THIS TITLE SHALL NOT BE CONSTRUED AS PROHIBIT-
ING:
S. 4007--A 433 A. 3007--A
1. THE PRACTICE OF ANY OTHER PROFESSIONS LICENSED OR REGISTERED UNDER
THIS TITLE.
2. ANY PERSON EMPLOYED BY THE FEDERAL, STATE OR A LOCAL GOVERNMENT OR
BY A PUBLIC OR NON-PUBLIC ELEMENTARY OR SECONDARY SCHOOL OR AN INSTITU-
TION OF HIGHER LEARNING FROM PERFORMING THE DUTIES OF A SPEECH-LANGUAGE
PATHOLOGIST, AN AUDIOLOGIST, A TEACHER OF THE SPEECH AND HEARING HAND-
ICAPPED, OR A TEACHER OF THE DEAF IN THE COURSE OF SUCH EMPLOYMENT.
3. ANY PERSON FROM ENGAGING IN CLINICAL OR ACADEMIC PRACTICE UNDER THE
SUPERVISION OF A LICENSED SPEECH-LANGUAGE PATHOLOGIST OR AUDIOLOGIST FOR
SUCH PERIOD OF TIME AS MAY BE NECESSARY TO COMPLETE AN EXPERIENCE
REQUIREMENT FOR A PROFESSIONAL LICENSE, AS PROVIDED IN THIS TITLE AND IN
RULES OR REGULATIONS APPROVED BY THE COMMISSIONER WITH THE ADVICE OF THE
STATE BOARD FOR SPEECH-LANGUAGE PATHOLOGY AND AUDIOLOGY.
4. A PERSON FROM ANOTHER STATE FROM PERFORMING SPEECH-LANGUAGE PATHOL-
OGY OR AUDIOLOGY SERVICES IN THIS STATE PROVIDED SUCH SERVICES ARE
PERFORMED FOR NO MORE THAN THIRTY DAYS IN ANY CALENDAR YEAR AND PROVIDED
THAT SUCH SERVICES ARE PERFORMED IN CONJUNCTION WITH AND/OR UNDER THE
SUPERVISION OF A SPEECH-LANGUAGE PATHOLOGIST OR AUDIOLOGIST LICENSED
UNDER THIS TITLE.
5. ANY HEARING AID DEALER FROM PERFORMING HEARING MEASUREMENTS BY
MEANS OF AN AUDIOMETER OR OTHER TESTING EQUIPMENT WHEN USED SOLELY FOR
THE PURPOSE OF SELECTING, FITTING, SELLING OR DISPENSING AN INSTRUMENT
DESIGNED TO AID OR IMPROVE HUMAN HEARING, INCLUDING THE TAKING OF
IMPRESSIONS FOR THE MAKING AND FITTING OF EAR MOLDS AND THE DEMON-
STRATION OF USE AND INSTRUCTIONS OF PERSONS IN THE USE OF SUCH HEARING
AIDS AND ACCESSORIES THERETO.
6. A STUDENT FROM ENGAGING IN CLINICAL PRACTICE, UNDER THE SUPERVISION
OF A LICENSED AUDIOLOGIST OR A LICENSED SPEECH-LANGUAGE PATHOLOGIST AS
PART OF A NATIONALLY ACCREDITED PROGRAM OR A STATE LICENSURE QUALIFYING
PROGRAM IN SPEECH-LANGUAGE PATHOLOGY OR AUDIOLOGY, PURSUANT TO SUBDIVI-
SION THREE OF SECTION EIGHTY-ONE HUNDRED SIX OF THIS TITLE.
§ 8108. SPECIAL PROVISIONS. 1. EVERY PERSON REGULARLY EMPLOYED IN
TEACHING OR WORKING AS A SPEECH-LANGUAGE PATHOLOGIST OR AUDIOLOGIST FOR
NOT LESS THAN TWO YEARS PRIOR TO THE EFFECTIVE DATE OF THIS TITLE SHALL
BE ISSUED A LICENSE BY THE DEPARTMENT, IF HE OR SHE IS A PERSON OF GOOD
MORAL CHARACTER; TWENTY-ONE YEARS OR OLDER, HAS BEEN ENGAGED IN SUCH
PRACTICE IN THE STATE FOR AT LEAST TWO YEARS IN ACCORDANCE WITH REGU-
LATIONS OF THE COMMISSIONER, AND POSSESSES:
A. THE AMERICAN SPEECH-LANGUAGE-HEARING ASSOCIATION CERTIFICATE OF
CLINICAL COMPETENCE IN SPEECH-LANGUAGE PATHOLOGY AND/OR AUDIOLOGY, OR
THE EQUIVALENT THEREOF AS DETERMINED BY THE BOARD IN ACCORDANCE WITH THE
COMMISSIONER'S REGULATIONS; OR
B. A MASTERS DEGREE IN SPEECH-LANGUAGE PATHOLOGY, AUDIOLOGY OR COMMU-
NICATION DISORDERS APPROPRIATE TO THE LICENSE BEING SOUGHT AND A TOTAL
OF FIVE YEARS EXPERIENCE; OR
C. A BACHELORS DEGREE IN SPEECH-LANGUAGE PATHOLOGY, AUDIOLOGY OR
COMMUNICATION DISORDERS APPROPRIATE TO THE LICENSE BEING SOUGHT AND
THIRTY POSTGRADUATE SEMESTER HOURS IN SUBJECTS SATISFACTORY TO THE BOARD
AND A TOTAL OF FIVE YEARS EXPERIENCE; OR
D. A BACHELORS DEGREE AND SUFFICIENT POSTGRADUATE STUDY TO BE THE
EQUIVALENT OF A MASTERS DEGREE IN SPEECH-LANGUAGE PATHOLOGY, AUDIOLOGY
OR COMMUNICATION DISORDERS AS DETERMINED BY THE BOARD IN ACCORDANCE WITH
THE COMMISSIONER'S REGULATIONS AND A TOTAL OF FIVE YEARS EXPERIENCE.
APPLICATIONS FOR A LICENSE UNDER THIS SECTION SHALL BE SUBMITTED BY
JANUARY FIRST, NINETEEN HUNDRED EIGHTY AND APPLICANTS SHALL HAVE UNTIL
THAT DATE TO FULFILL THE REQUIREMENTS SET FORTH BY THIS CHAPTER.
S. 4007--A 434 A. 3007--A
2. THIS TITLE SHALL NOT PROHIBIT THE PRACTICE OF SPEECH-LANGUAGE
PATHOLOGY OR AUDIOLOGY BY A CORPORATION PROVIDED THAT SUCH PRACTICE IS
CARRIED ON BY A LICENSED SPEECH-LANGUAGE PATHOLOGIST OR AUDIOLOGIST OR
PERSONS EXEMPT UNDER THIS TITLE AND A VIOLATION OF THIS PROVISION SHALL
BE A CLASS A MISDEMEANOR.
3. ANY PERSON OR FIRM OFFERING THE SERVICES OF A SPEECH-LANGUAGE
PATHOLOGIST OR AUDIOLOGIST SHALL EMPLOY ONLY PERSONS LICENSED OR EXEMPT
UNDER THIS TITLE AND A VIOLATION OF THIS PROVISION SHALL BE A CLASS A
MISDEMEANOR.
4. A. THE COMMISSIONER, PURSUANT TO THE RECOMMENDATION OF THE BOARD
SHALL PROMULGATE REGULATIONS DEFINING APPROPRIATE STANDARDS OF CONDUCT
FOR THE DISPENSING OF HEARING AIDS BY LICENSED AUDIOLOGISTS. SUCH REGU-
LATIONS SHALL ALSO DEFINE CONTINUING EDUCATION REQUIREMENTS WHICH SUCH
DISPENSING AUDIOLOGIST SHALL MEET AS A CONDITION OF MAINTAINING REGIS-
TRATION PURSUANT TO THIS TITLE.
B. AUDIOLOGISTS ENGAGED IN THE PRACTICE OF DISPENSING HEARING AIDS
SHALL COMPLY WITH THE APPLICABLE PROVISIONS OF ARTICLE THIRTY-SEVEN-A OF
THE GENERAL BUSINESS LAW.
§ 8109. MANDATORY CONTINUING COMPETENCY. 1. A. EACH LICENSED SPEECH-
LANGUAGE PATHOLOGIST AND AUDIOLOGIST REQUIRED UNDER THIS TITLE TO REGIS-
TER TRIENNIALLY WITH THE DEPARTMENT TO PRACTICE IN THE STATE SHALL
COMPLY WITH THE PROVISIONS OF THE MANDATORY CONTINUING COMPETENCY
REQUIREMENTS PRESCRIBED IN SUBDIVISION TWO OF THIS SECTION, EXCEPT AS
PROVIDED IN PARAGRAPHS B AND C OF THIS SUBDIVISION. SPEECH-LANGUAGE
PATHOLOGISTS AND AUDIOLOGISTS WHO DO NOT SATISFY THE MANDATORY CONTINU-
ING COMPETENCY REQUIREMENTS SHALL NOT BE AUTHORIZED TO PRACTICE UNTIL
THEY HAVE MET SUCH REQUIREMENTS, AND THEY HAVE BEEN ISSUED A REGISTRA-
TION CERTIFICATE, EXCEPT THAT A SPEECH-LANGUAGE PATHOLOGIST OR AUDIOLO-
GIST MAY PRACTICE WITHOUT HAVING MET SUCH REQUIREMENTS IF HE OR SHE IS
ISSUED A CONDITIONAL REGISTRATION PURSUANT TO SUBDIVISION THREE OF THIS
SECTION.
B. SPEECH-LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS SHALL BE EXEMPT FROM
THE MANDATORY CONTINUING COMPETENCY REQUIREMENT FOR THE TRIENNIAL REGIS-
TRATION PERIOD DURING WHICH THEY ARE FIRST LICENSED. ADJUSTMENT TO THE
MANDATORY CONTINUING COMPETENCY REQUIREMENTS MAY BE GRANTED BY THE
DEPARTMENT FOR REASONS OF HEALTH OF THE LICENSEE WHERE CERTIFIED BY AN
APPROPRIATE HEALTH CARE PROFESSIONAL, FOR EXTENDED ACTIVE DUTY WITH THE
ARMED FORCES OF THE UNITED STATES, OR FOR OTHER GOOD CAUSE ACCEPTABLE TO
THE DEPARTMENT WHICH MAY PREVENT COMPLIANCE.
C. A LICENSED SPEECH-LANGUAGE PATHOLOGIST OR AUDIOLOGIST NOT ENGAGED
IN PRACTICE, AS DETERMINED BY THE DEPARTMENT, SHALL BE EXEMPT FROM THE
MANDATORY CONTINUING COMPETENCY REQUIREMENT UPON THE FILING OF A STATE-
MENT WITH THE DEPARTMENT DECLARING SUCH STATUS. ANY LICENSEE WHO RETURNS
TO THE PRACTICE OF SPEECH-LANGUAGE PATHOLOGY OR AUDIOLOGY DURING THE
TRIENNIAL REGISTRATION PERIOD SHALL NOTIFY THE DEPARTMENT PRIOR TO REEN-
TERING THE PROFESSION AND SHALL MEET SUCH MANDATORY CONTINUING COMPETEN-
CY REQUIREMENTS AS SHALL BE PRESCRIBED BY REGULATIONS OF THE COMMISSION-
ER.
2. DURING EACH TRIENNIAL REGISTRATION PERIOD AN APPLICANT FOR REGIS-
TRATION AS EITHER A SPEECH-LANGUAGE PATHOLOGIST OR AUDIOLOGIST SHALL
COMPLETE A MINIMUM OF THIRTY HOURS OF LEARNING ACTIVITIES WHICH CONTRIB-
UTE TO CONTINUING COMPETENCE, AS SPECIFIED IN SUBDIVISION FOUR OF THIS
SECTION, PROVIDED FURTHER THAT AT LEAST TWENTY HOURS SHALL BE IN RECOG-
NIZED AREAS OF STUDY PERTINENT TO THE LICENSEE'S PROFESSIONAL SCOPE OF
PRACTICE OF SPEECH-LANGUAGE PATHOLOGY AND/OR AUDIOLOGY. ANY SPEECH-LAN-
GUAGE PATHOLOGIST OR AUDIOLOGIST WHOSE FIRST REGISTRATION DATE FOLLOWING
S. 4007--A 435 A. 3007--A
THE EFFECTIVE DATE OF THIS SECTION OCCURS LESS THAN THREE YEARS FROM
SUCH EFFECTIVE DATE, BUT ON OR AFTER JANUARY FIRST, TWO THOUSAND ONE,
SHALL COMPLETE CONTINUING COMPETENCY HOURS ON A PRORATED BASIS AT THE
RATE OF ONE-HALF HOUR PER MONTH FOR THE PERIOD BEGINNING JANUARY FIRST,
TWO THOUSAND ONE UP TO THE FIRST REGISTRATION DATE. THEREAFTER, A LICEN-
SEE WHO HAS NOT SATISFIED THE MANDATORY CONTINUING COMPETENCY REQUIRE-
MENTS SHALL NOT BE ISSUED A TRIENNIAL REGISTRATION CERTIFICATE BY THE
DEPARTMENT AND SHALL NOT PRACTICE UNLESS AND UNTIL A CONDITIONAL REGIS-
TRATION CERTIFICATE IS ISSUED AS PROVIDED FOR IN SUBDIVISION THREE OF
THIS SECTION. CONTINUING COMPETENCY HOURS TAKEN DURING ONE TRIENNIUM MAY
NOT BE 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 COMPETENCY
REQUIREMENTS ESTABLISHED IN SUBDIVISION TWO OF THIS SECTION, BUT WHO
AGREES TO MAKE UP ANY DEFICIENCIES AND COMPLETE ANY ADDITIONAL LEARNING
ACTIVITIES WHICH THE DEPARTMENT MAY REQUIRE. THE FEE FOR SUCH A CONDI-
TIONAL REGISTRATION SHALL BE THE SAME AS, AND IN ADDITION TO, THE FEE
FOR THE TRIENNIAL REGISTRATION. THE DURATION OF SUCH CONDITIONAL REGIS-
TRATION SHALL BE DETERMINED BY THE DEPARTMENT BUT SHALL NOT EXCEED ONE
YEAR. ANY LICENSEE WHO IS NOTIFIED OF THE DENIAL OF REGISTRATION FOR
FAILURE TO SUBMIT EVIDENCE, SATISFACTORY TO THE DEPARTMENT, OF REQUIRED
CONTINUING COMPETENCY LEARNING ACTIVITIES AND WHO PRACTICES WITHOUT SUCH
REGISTRATION, MAY BE SUBJECT TO DISCIPLINARY PROCEEDINGS PURSUANT TO
SECTION SIXTY-FIVE HUNDRED TEN OF THIS ARTICLE.
4. AS USED IN SUBDIVISION TWO OF THIS SECTION, "ACCEPTABLE LEARNING
ACTIVITIES" SHALL MEAN ACTIVITIES WHICH CONTRIBUTE TO PROFESSIONAL PRAC-
TICE IN SPEECH-LANGUAGE PATHOLOGY AND/OR AUDIOLOGY, AND WHICH MEET THE
STANDARDS PRESCRIBED IN THE REGULATIONS OF THE COMMISSIONER. SUCH LEARN-
ING ACTIVITIES SHALL INCLUDE, BUT NOT BE LIMITED TO, COLLEGIATE LEVEL
CREDIT AND NON-CREDIT COURSES, SELF-STUDY ACTIVITIES, INDEPENDENT STUDY,
FORMAL MENTORING ACTIVITIES, PUBLICATIONS IN PROFESSIONAL JOURNALS,
PROFESSIONAL DEVELOPMENT PROGRAMS AND TECHNICAL SESSIONS; SUCH LEARNING
ACTIVITIES MAY BE OFFERED AND SPONSORED BY NATIONAL, STATE AND LOCAL
PROFESSIONAL ASSOCIATIONS AND OTHER ORGANIZATIONS OR PARTIES ACCEPTABLE
TO THE DEPARTMENT, AND ANY OTHER ORGANIZED EDUCATIONAL AND TECHNICAL
LEARNING ACTIVITIES ACCEPTABLE TO THE DEPARTMENT. THE DEPARTMENT MAY, IN
ITS DISCRETION AND AS NEEDED TO CONTRIBUTE TO THE HEALTH AND WELFARE OF
THE PUBLIC, REQUIRE THE COMPLETION OF CONTINUING COMPETENCY LEARNING
ACTIVITIES IN SPECIFIC SUBJECTS TO FULFILL THIS MANDATORY CONTINUING
COMPETENCY REQUIREMENT. FOR SPEECH-LANGUAGE PATHOLOGISTS WHO ARE
EMPLOYED IN SCHOOL SETTINGS AS TEACHERS OF THE SPEECH AND HEARING HAND-
ICAPPED OR AS TEACHERS OF STUDENTS WITH SPEECH AND LANGUAGE DISABILI-
TIES, ACCEPTABLE LEARNING ACTIVITIES SHALL ALSO INCLUDE PROFESSIONAL
DEVELOPMENT PROGRAMS AND TECHNICAL SESSIONS SPECIFIC TO TEACHING
STUDENTS WITH SPEECH AND LANGUAGE DISABILITIES INCLUDING THOSE DESIGNED
TO IMPROVE METHODS FOR TEACHING SUCH STUDENTS, ALIGNED WITH PROFESSIONAL
DEVELOPMENT PLANS IN ACCORDANCE WITH REGULATIONS OF THE COMMISSIONER AND
PROMOTING THE ATTAINMENT OF STANDARDS FOR SUCH STUDENTS. LEARNING ACTIV-
ITIES MUST BE TAKEN FROM A SPONSOR APPROVED BY THE DEPARTMENT, PURSUANT
TO THE REGULATIONS OF THE COMMISSIONER.
5. SPEECH-LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS SHALL MAINTAIN
ADEQUATE DOCUMENTATION OF COMPLETION OF ACCEPTABLE CONTINUING COMPETENCY
LEARNING ACTIVITIES AND SHALL PROVIDE SUCH DOCUMENTATION AT THE REQUEST
OF THE DEPARTMENT. FAILURE TO PROVIDE SUCH DOCUMENTATION UPON THE
REQUEST OF THE DEPARTMENT SHALL BE AN ACT OF MISCONDUCT SUBJECT TO
S. 4007--A 436 A. 3007--A
DISCIPLINARY PROCEEDINGS PURSUANT TO SECTION SIXTY-FIVE HUNDRED TEN OF
THIS ARTICLE.
6. THE MANDATORY CONTINUING COMPETENCY FEE SHALL BE FIFTY DOLLARS,
SHALL BE PAYABLE ON OR BEFORE THE FIRST DAY OF EACH TRIENNIAL REGISTRA-
TION PERIOD, AND SHALL BE PAID IN ADDITION TO THE TRIENNIAL REGISTRATION
FEE REQUIRED BY SECTION EIGHTY-ONE HUNDRED SIX OF THIS TITLE.
TITLE 23
ACUPUNCTURE
SECTION 8200. INTRODUCTION.
8201. DEFINITIONS.
8202. PRACTICE OF ACUPUNCTURE AND USE OF TITLE "LICENSED
ACUPUNCTURIST" OR "CERTIFIED ACUPUNCTURIST".
8203. STATE BOARD FOR ACUPUNCTURE.
8204. REQUIREMENTS FOR A PROFESSIONAL LICENSE.
8205. LIMITED PERMITS.
8206. EXEMPTIONS; WAIVER.
§ 8200. INTRODUCTION. THIS TITLE APPLIES TO THE PROFESSION OF ACUPUNC-
TURE. THE GENERAL PROVISIONS FOR ALL PROFESSIONS CONTAINED IN TITLE ONE
OF THIS ARTICLE APPLY TO THIS ARTICLE.
§ 8201. DEFINITIONS. AS USED IN THIS TITLE THE FOLLOWING TERMS SHALL
HAVE THE FOLLOWING MEANINGS:
1. A. "PROFESSION OF ACUPUNCTURE" IS THE TREATING, BY MEANS OF MECHAN-
ICAL, THERMAL OR ELECTRICAL STIMULATION EFFECTED BY THE INSERTION OF
NEEDLES OR BY THE APPLICATION OF HEAT, PRESSURE OR ELECTRICAL STIMU-
LATION AT A POINT OR COMBINATION OF POINTS ON THE SURFACE OF THE BODY
PREDETERMINED ON THE BASIS OF THE THEORY OF THE PHYSIOLOGICAL INTERRE-
LATIONSHIP OF BODY ORGANS WITH AN ASSOCIATED POINT OR COMBINATION OF
POINTS FOR DISEASES, DISORDERS AND DYSFUNCTIONS OF THE BODY FOR THE
PURPOSE OF ACHIEVING A THERAPEUTIC OR PROPHYLACTIC EFFECT. THE PROFES-
SION OF ACUPUNCTURE INCLUDES RECOMMENDATION OF DIETARY SUPPLEMENTS AND
NATURAL PRODUCTS INCLUDING, BUT NOT LIMITED TO, THE RECOMMENDATION OF
DIET, HERBS AND OTHER NATURAL PRODUCTS, AND THEIR PREPARATION IN ACCORD-
ANCE WITH TRADITIONAL AND MODERN PRACTICES OF EAST ASIAN (CHINESE, KORE-
AN OR JAPANESE) MEDICAL THEORY.
B. EACH ACUPUNCTURIST LICENSED PURSUANT TO THIS TITLE, SHALL ADVISE
EACH PATIENT AS TO THE IMPORTANCE OF CONSULTING WITH A LICENSED PHYSI-
CIAN REGARDING THE PATIENT'S CONDITION AND SHALL KEEP ON FILE WITH THE
PATIENT'S RECORDS, A FORM ATTESTING TO THE PATIENT'S NOTICE OF SUCH
ADVICE. SUCH FORM SHALL BE IN DUPLICATE, ONE COPY TO BE RETAINED BY THE
PATIENT, SIGNED AND DATED BY BOTH THE ACUPUNCTURIST AND THE PATIENT AND
SHALL BE PRESCRIBED IN THE FOLLOWING MANNER:
WE, THE UNDERSIGNED, DO AFFIRM THAT (THE PATIENT) HAS BEEN ADVISED BY
, (A LICENSED ACUPUNCTURIST), TO CONSULT A PHYSICIAN REGARDING THE
CONDITION OR CONDITIONS FOR WHICH SUCH PATIENT SEEKS ACUPUNCTURE TREAT-
MENT.
_________________________________
_________________________________
(SIGNATURE)
DATE
_________________________________
_________________________________
(SIGNATURE)
DATE
C. NOTHING IN THIS TITLE SHALL BE CONSTRUED TO PROHIBIT AN INDIVIDUAL
WHO IS NOT SUBJECT TO REGULATION IN THIS STATE AS A LICENSED ACUPUNCTU-
S. 4007--A 437 A. 3007--A
RIST FROM ENGAGING IN THE RECOMMENDATION OF TRADITIONAL REMEDIES AND
SUPPLEMENTS AS DEFINED IN THIS TITLE, NOR SHALL THIS SECTION BE
CONSTRUED TO AUTHORIZE AN INDIVIDUAL TO PRACTICE PHARMACY UNDER TITLE
TEN OF THIS ARTICLE.
2. "BOARD" IS THE STATE BOARD FOR ACUPUNCTURE AS CREATED BY SECTION
EIGHTY-TWO HUNDRED THREE OF THIS TITLE.
§ 8202. PRACTICE OF ACUPUNCTURE AND USE OF TITLE "LICENSED ACUPUNCTU-
RIST" OR "CERTIFIED ACUPUNCTURIST". ONLY A PERSON LICENSED OR AUTHORIZED
PURSUANT TO SECTION EIGHTY-TWO HUNDRED FOUR OF THIS TITLE OR CERTIFIED
PURSUANT TO SECTION EIGHTY-TWO HUNDRED SIX OF THIS TITLE SHALL PRACTICE
ACUPUNCTURE. ONLY A PERSON LICENSED PURSUANT TO SECTION EIGHTY-TWO
HUNDRED FOUR OF THIS TITLE SHALL USE THE TITLE "LICENSED ACUPUNCTURIST"
AND ONLY A PERSON CERTIFIED PURSUANT TO SECTION EIGHTY-TWO HUNDRED SIX
OF THIS TITLE SHALL USE THE TITLE "CERTIFIED ACUPUNCTURIST".
§ 8203. STATE BOARD FOR ACUPUNCTURE. 1. THERE IS HEREBY ESTABLISHED
WITHIN THE DEPARTMENT A STATE BOARD FOR ACUPUNCTURE. THE BOARD SHALL
CONSIST OF NOT LESS THAN ELEVEN MEMBERS TO BE APPOINTED BY THE DEPART-
MENT ON THE RECOMMENDATION OF THE COMMISSIONER FOR THE PURPOSE OF
ASSISTING THE DEPARTMENT ON MATTERS OF PROFESSIONAL LICENSING AND
PROFESSIONAL CONDUCT IN ACCORDANCE WITH SECTION SIXTY-FIVE HUNDRED EIGHT
OF THIS ARTICLE, FOUR OF WHOM SHALL BE LICENSED ACUPUNCTURISTS, FOUR OF
WHOM SHALL BE LICENSED PHYSICIANS CERTIFIED TO USE ACUPUNCTURE AND THREE
OF WHOM SHALL BE PUBLIC MEMBERS REPRESENTING THE CONSUMER AND COMMUNITY.
OF THE ACUPUNCTURISTS FIRST APPOINTED TO THE BOARD, ONE MAY BE A REGIS-
TERED SPECIALIST'S ASSISTANT-ACUPUNCTURE PROVIDED THAT THE TERM OF SUCH
REGISTERED SPECIALIST'S ASSISTANT-ACUPUNCTURE SHALL NOT BE MORE THAN
FOUR YEARS. OF THE MEMBERS FIRST APPOINTED, THREE SHALL BE APPOINTED FOR
A ONE YEAR TERM, THREE SHALL BE APPOINTED FOR A TWO YEAR TERM AND THREE
SHALL BE APPOINTED FOR A THREE YEAR TERM, AND TWO SHALL BE APPOINTED FOR
A FOUR YEAR TERM. THEREAFTER ALL MEMBERS SHALL SERVE FOR FIVE YEAR
TERMS. IN THE EVENT THAT MORE THAN ELEVEN MEMBERS ARE APPOINTED, A
MAJORITY OF THE ADDITIONAL MEMBERS SHALL BE LICENSED ACUPUNCTURISTS. THE
MEMBERS OF THE BOARD SHALL SELECT ONE OF THEMSELVES AS CHAIRMAN TO SERVE
FOR A ONE YEAR TERM.
2. AN EXECUTIVE SECRETARY TO THE BOARD SHALL BE APPOINTED BY THE
COMMISSIONER.
3. THE COMMISSIONER SHALL PROMULGATE SUCH RULES AND REGULATIONS AS
THEY DEEM NECESSARY AND APPROPRIATE TO EFFECTUATE THE PROVISIONS OF THIS
TITLE.
§ 8204. REQUIREMENTS FOR A PROFESSIONAL LICENSE. TO QUALIFY FOR A
LICENSE AS A LICENSED ACUPUNCTURIST AN APPLICANT SHALL FULFILL THE
FOLLOWING REQUIREMENTS:
1. APPLICATION: FILE AN APPLICATION WITH THE DEPARTMENT;
2. EDUCATION: PROVIDE EVIDENCE OF SATISFACTORY COMPLETION OF A COURSE
OF FORMAL STUDY OR ITS SUBSTANTIAL EQUIVALENT IN ACCORDANCE WITH THE
COMMISSIONER'S REGULATIONS;
3. EXPERIENCE: HAVE EXPERIENCE IN ACCORDANCE WITH THE COMMISSIONER'S
REGULATIONS;
4. EXAMINATION: PASS AN EXAMINATION SATISFACTORY TO THE BOARD AND IN
ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS. SUCH EXAMINATION SHALL
BE GIVEN AT LEAST ONCE WITHIN TWELVE MONTHS OF THE EFFECTIVE DATE OF
THIS TITLE, AND AT LEAST ONCE ANNUALLY THEREAFTER, AND SHALL CONSIST OF
BOTH WRITTEN AND PRACTICAL PARTS. EITHER PART MAY BE GIVEN AT THE
DISCRETION OF THE DEPARTMENT IN ENGLISH AND/OR CHINESE OR OTHER
LANGUAGE. NOTHING IN THIS SUBDIVISION IS TO BE CONSTRUED TO REQUIRE THE
DEPARTMENT TO ISSUE AN EXAM IN A LANGUAGE OTHER THAN ENGLISH. THE PRAC-
S. 4007--A 438 A. 3007--A
TICAL PART OF THE EXAM MUST BE DIRECTLY ADMINISTERED BY AN ACUPUNCTURIST
ACCEPTABLE TO THE DEPARTMENT, WHO MAY ALSO BE A MEMBER OF THE BOARD. THE
COST OF THE INITIAL EXAMINATION OR REEXAMINATION SHALL BE BORNE BY THE
APPLICANT IN ACCORDANCE WITH A SCHEDULE ESTABLISHED BY THE DEPARTMENT
AND APPROVED BY THE DIRECTOR OF THE BUDGET;
5. AGE: BE AT LEAST TWENTY-ONE YEARS OF AGE;
6. CHARACTER: BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE DEPART-
MENT;
7. FEES: PAY A FEE OF FIVE HUNDRED DOLLARS TO THE DEPARTMENT FOR
INITIAL LICENSURE, AND A FEE OF TWO HUNDRED FIFTY DOLLARS FOR EACH
TRIENNIAL REGISTRATION; AND
8. REGISTRATION: IF A LICENSE IS GRANTED, REGISTER TRIENNIALLY WITH
THE DEPARTMENT, INCLUDING PRESENT HOME AND BUSINESS ADDRESS AND SUCH
OTHER PERTINENT INFORMATION AS THE DEPARTMENT REQUIRES.
§ 8205. LIMITED PERMITS. 1. THE DEPARTMENT SHALL ISSUE A LIMITED
PERMIT TO AN APPLICANT WHO MEETS ALL REQUIREMENTS FOR ADMISSION TO THE
LICENSING EXAMINATION;
2. ALL PRACTICE UNDER A LIMITED PERMIT SHALL BE UNDER THE SUPERVISION
OF A LICENSED OR CERTIFIED ACUPUNCTURIST IN A PUBLIC HOSPITAL, AN INCOR-
PORATED HOSPITAL OR CLINIC, A LICENSED PROPRIETARY HOSPITAL, A LICENSED
NURSING HOME, A PUBLIC HEALTH AGENCY, THE OFFICE OF A LICENSED OR CERTI-
FIED ACUPUNCTURIST OR IN THE CIVIL SERVICE OF THE FEDERAL OR STATE
GOVERNMENT;
3. LIMITED PERMITS SHALL BE FOR ONE YEAR AND MAY BE RENEWED AT THE
DISCRETION OF THE DEPARTMENT FOR ONE ADDITIONAL YEAR;
4. SUPERVISION OF A PERMITTEE BY A LICENSED OR CERTIFIED ACUPUNCTURIST
SHALL BE ON-SITE SUPERVISION AND NOT NECESSARILY DIRECT PERSONAL SUPER-
VISION;
5. NO PRACTITIONER SHALL SUPERVISE MORE THAN ONE PERMITTEE; AND
6. THE FEE FOR EACH LIMITED PERMIT AND FOR EACH RENEWAL SHALL BE
DETERMINED BY THE DEPARTMENT.
§ 8206. EXEMPTIONS; WAIVER. 1. A PERSON WHO IS VALIDLY REGISTERED AS A
"SPECIALIST'S ASSISTANT-ACUPUNCTURE" IN ACCORDANCE WITH SECTION SIXTY-
FIVE HUNDRED FORTY-ONE OF THIS ARTICLE AND THE COMMISSIONER'S REGU-
LATIONS SHALL NOT BE SUBJECT TO THE PROVISIONS OF THIS TITLE.
2. ANY PERSON WHO IS VALIDLY LICENSED UNDER THE PROVISIONS OF THE
FORMER CHAPTER NINE HUNDRED FIFTY-NINE OF THE LAWS OF NINETEEN HUNDRED
SEVENTY-FOUR IS DEEMED TO BE LICENSED PURSUANT TO THIS TITLE.
3. ANY PERSON WHO IS VALIDLY CERTIFIED UNDER THE PROVISIONS OF THE
FORMER CHAPTER NINE HUNDRED FIFTY-NINE OF THE LAWS OF NINETEEN HUNDRED
SEVENTY-FOUR SHALL CONTINUE TO BE CERTIFIED TO PRACTICE ACUPUNCTURE AND
MAY CONTINUE TO USE THE TITLE CERTIFIED ACUPUNCTURIST. THE DEPARTMENT
MAY ESTABLISH RULES AND REGULATIONS PROVIDING FOR THE CERTIFICATION OF
PHYSICIANS AND DENTISTS AS ACUPUNCTURISTS, PROVIDED THAT SUCH CERTIFIED
ACUPUNCTURISTS DO NOT REPRESENT THEMSELVES AS LICENSED ACUPUNCTURISTS.
CERTIFIED ACUPUNCTURISTS SEEKING TO BECOME LICENSED ACUPUNCTURISTS SHALL
BE SUBJECT TO ALL PROVISIONS OF THIS TITLE.
4. A PERSON WHO DOES NOT OTHERWISE POSSESS THE CREDENTIALS OR QUALI-
FICATIONS REQUIRED FOR THE PRACTICE OF ACUPUNCTURE PRESCRIBED BY THIS
TITLE OR THE REGULATIONS PROMULGATED HEREUNDER OR ANY OTHER LAW BUT WHO
IS AUTHORIZED BY THE OFFICE OF ADDICTION SERVICES AND SUPPORTS OR THE
DEPARTMENT TO PROVIDE TREATMENT FOR ALCOHOLISM, SUBSTANCE DEPENDENCE, OR
CHEMICAL DEPENDENCY IN A HOSPITAL OR CLINICAL PROGRAM WHICH HAS BEEN
APPROVED FOR SUCH TREATMENT BY THE OFFICE OF ADDICTION SERVICES AND
SUPPORTS OR THE DEPARTMENT AND WHO HAS BEEN TRAINED TO PRACTICE ACUPUNC-
TURE FOR THE TREATMENT OF ALCOHOLISM, SUBSTANCE DEPENDENCE, OR CHEMICAL
S. 4007--A 439 A. 3007--A
DEPENDENCY THROUGH AN EDUCATIONAL PROGRAM ACCEPTABLE TO THE EDUCATION
DEPARTMENT MAY NEVERTHELESS PRACTICE ACUPUNCTURE PROVIDED SUCH PRACTICE
IS LIMITED TO THE TREATMENT OF ALCOHOLISM, SUBSTANCE DEPENDENCE, OR
CHEMICAL DEPENDENCY IN SUCH CLINICAL OR HOSPITAL PROGRAMS, OR IN A
PROGRAM THAT IF STATUTORILY EXEMPT FROM SUCH APPROVAL MEETS STANDARDS
APPROVED BY THE OFFICE OF ADDICTION SERVICES AND SUPPORTS OR THE DEPART-
MENT, AND FURTHER PROVIDED THAT SUCH PRACTICE IS DONE IN ACCORDANCE WITH
REGULATIONS PROMULGATED BY THE OFFICE OF ADDICTION SERVICES AND
SUPPORTS, OR THE DEPARTMENT. SUCH PERSON SHALL WORK ONLY UNDER THE
GENERAL SUPERVISION OF A PHYSICIAN OR DENTIST CERTIFIED TO PRACTICE
ACUPUNCTURE OR AN INDIVIDUAL LICENSED TO PRACTICE ACUPUNCTURE IN THE
STATE OF NEW YORK PURSUANT TO THIS TITLE. NOTWITHSTANDING ANY OTHER LAW,
RULE OR REGULATION TO THE CONTRARY, PERSONS AUTHORIZED ON OR BEFORE THE
EFFECTIVE DATE OF THIS TITLE TO PRACTICE ACUPUNCTURE FOR THE TREATMENT
OF ALCOHOLISM, SUBSTANCE DEPENDENCE, OR CHEMICAL DEPENDENCY WITHIN A
HOSPITAL OR CLINICAL PROGRAM WHICH HAS BEEN APPROVED FOR SUCH TREATMENT
BY THE OFFICE OF ADDICTION SERVICES AND SUPPORTS OR THE DEPARTMENT MAY
NEVERTHELESS CONTINUE TO PRACTICE ACUPUNCTURE UNDER THE PROVISIONS OF
THIS SUBDIVISION.
5. ANY PERSON WHO IS PURSUING QUALIFICATION FOR LICENSURE THROUGH A
COURSE OF FORMAL STUDY PURSUANT TO THIS TITLE MAY PRACTICE ACUPUNCTURE
WITHOUT A LICENSE, PROVIDED SUCH PRACTICE IS LIMITED TO SUCH STUDY.
6. ANY PERSON WHO HAS COMPLETED A FORMAL COURSE OF STUDY OR A TUTORIAL
APPRENTICESHIP ACCEPTABLE TO THE DEPARTMENT AND IN ACCORDANCE WITH THE
COMMISSIONER'S REGULATIONS, PRIOR TO THE EFFECTIVE DATE OF THIS TITLE,
AND PRESENTS SATISFACTORY PROOF OF SUCH COMPLETION, SHALL BE EXEMPT FROM
THE EDUCATION REQUIREMENTS SET FORTH IN SUBDIVISION TWO OF SECTION
EIGHTY-TWO HUNDRED FOUR OF THIS TITLE PROVIDED AN APPLICATION PURSUANT
TO SUBDIVISION ONE OF SECTION EIGHTY-TWO HUNDRED FOUR OF THIS TITLE IS
FILED WITH THE DEPARTMENT NOT LATER THAN ONE YEAR FROM THE EFFECTIVE
DATE OF THIS TITLE, AND IN NO EVENT SHALL PARTICIPATION IN SUCH TUTORIAL
APPRENTICESHIP OR FORMAL COURSE OF STUDY CONSTITUTE A VIOLATION OF THIS
CHAPTER.
7. ANY PERSON WHO IS PURSUING QUALIFICATION FOR CERTIFICATION THROUGH
A FORMAL COURSE OF STUDY IN A REGISTERED PROGRAM AND ANY PERSON
APPOINTED TO THE FACULTY OF SUCH PROGRAM MAY PRACTICE ACUPUNCTURE WITH-
OUT A LICENSE, PROVIDED THAT SUCH PRACTICE IS LIMITED TO SUCH RESEARCH,
STUDY AND TRAINING.
8. ANY PERSON WHO IS LICENSED AND IN GOOD STANDING TO PRACTICE
ACUPUNCTURE IN ANOTHER STATE OR COUNTRY MAY PRACTICE ACUPUNCTURE IN THIS
STATE WITHOUT A LICENSE SOLELY FOR THE PURPOSE OF CONDUCTING CLINICAL
TRAINING, PRACTICE DEMONSTRATIONS OR CLINICAL RESEARCH THAT IS WITHIN
THE PRACTICE OF ACUPUNCTURE IN CONNECTION WITH A PROGRAM OF BASIC CLIN-
ICAL EDUCATION, GRADUATE EDUCATION, OR POST-GRADUATE EDUCATION IN AN
APPROVED SCHOOL OF ACUPUNCTURE OR IN ITS AFFILIATED CLINICAL FACILITY OR
HEALTH CARE AGENCY, OR BEFORE A GROUP OF LICENSED ACUPUNCTURISTS WHO ARE
MEMBERS OF A PROFESSIONAL SOCIETY. ANY PERSON PRACTICING ACUPUNCTURE IN
NEW YORK STATE PURSUANT TO THIS SUBDIVISION SHALL BE SUBJECT TO THE
PERSONAL AND SUBJECT MATTER JURISDICTION AND DISCIPLINARY AND REGULATORY
AUTHORITY OF THE DEPARTMENT AS IF HE OR SHE IS A LICENSEE AND AS IF THE
EXEMPTION PURSUANT TO THIS SUBDIVISION IS A LICENSE. SUCH INDIVIDUAL
SHALL COMPLY WITH THE PROVISIONS OF THIS TITLE, THE RULES OF THE DEPART-
MENT, AND THE REGULATIONS OF THE COMMISSIONER, RELATING TO PROFESSIONAL
MISCONDUCT, DISCIPLINARY PROCEEDINGS AND PENALTIES FOR PROFESSIONAL
MISCONDUCT.
S. 4007--A 440 A. 3007--A
TITLE 24
ATHLETIC TRAINERS
SECTION 8300. INTRODUCTION.
8301. DEFINITION.
8302. DEFINITION OF PRACTICE OF ATHLETIC TRAINING.
8303. USE OF THE TITLE "CERTIFIED ATHLETIC TRAINER".
8304. STATE COMMITTEE FOR ATHLETIC TRAINERS.
8305. REQUIREMENTS AND PROCEDURE FOR PROFESSIONAL CERTIFICATION.
8306. SPECIAL PROVISIONS.
8307. NON-LIABILITY OF CERTIFIED ATHLETIC TRAINERS FOR FIRST AID
OR EMERGENCY TREATMENT.
8308. SEPARABILITY.
§ 8300. INTRODUCTION. THIS TITLE APPLIES TO THE PROFESSION OF ATHLETIC
TRAINING. THE GENERAL PROVISIONS OF ALL PROFESSIONS CONTAINED IN TITLE
ONE OF THIS ARTICLE SHALL APPLY TO THIS TITLE.
§ 8301. DEFINITION. AS USED IN THIS TITLE "ATHLETIC TRAINER" MEANS ANY
PERSON WHO IS DULY CERTIFIED IN ACCORDANCE WITH THIS TITLE TO PERFORM
ATHLETIC TRAINING UNDER THE SUPERVISION OF A PHYSICIAN AND LIMITS HIS OR
HER PRACTICE TO SECONDARY SCHOOLS, INSTITUTIONS OF POSTSECONDARY EDUCA-
TION, PROFESSIONAL ATHLETIC ORGANIZATIONS, OR A PERSON WHO, UNDER THE
SUPERVISION OF A PHYSICIAN, CARRIES OUT COMPARABLE FUNCTIONS ON
ORTHOPEDIC ATHLETIC INJURIES, EXCLUDING SPINAL CORD INJURIES, IN A
HEALTH CARE ORGANIZATION. SUPERVISION OF AN ATHLETIC TRAINER BY A
PHYSICIAN SHALL BE CONTINUOUS BUT SHALL NOT BE CONSTRUED AS REQUIRING
THE PHYSICAL PRESENCE OF THE SUPERVISING PHYSICIAN AT THE TIME AND PLACE
WHERE SUCH SERVICES ARE PERFORMED. THE SCOPE OF WORK DESCRIBED IN THIS
TITLE SHALL NOT BE CONSTRUED AS AUTHORIZING THE RECONDITIONING OF NEURO-
LOGIC INJURIES, CONDITIONS OR DISEASE.
§ 8302. DEFINITION OF PRACTICE OF ATHLETIC TRAINING. THE PRACTICE OF
THE PROFESSION OF ATHLETIC TRAINING IS DEFINED AS THE APPLICATION OF
PRINCIPLES, METHODS AND PROCEDURES FOR MANAGING ATHLETIC INJURIES, WHICH
SHALL INCLUDE THE PRECONDITIONING, CONDITIONING AND RECONDITIONING OF AN
INDIVIDUAL WHO HAS SUFFERED AN ATHLETIC INJURY THROUGH THE USE OF APPRO-
PRIATE PREVENTATIVE AND SUPPORTIVE DEVICES, UNDER THE SUPERVISION OF A
PHYSICIAN AND RECOGNIZING ILLNESS AND REFERRING TO THE APPROPRIATE
MEDICAL PROFESSIONAL WITH IMPLEMENTATION OF TREATMENT PURSUANT TO PHYSI-
CIAN'S ORDERS. ATHLETIC TRAINING INCLUDES INSTRUCTION TO COACHES,
ATHLETES, PARENTS, MEDICAL PERSONNEL AND COMMUNITIES IN THE AREA OF CARE
AND PREVENTION OF ATHLETIC INJURIES. THE SCOPE OF WORK DESCRIBED IN THIS
TITLE SHALL NOT BE CONSTRUED AS AUTHORIZING THE RECONDITIONING OF NEURO-
LOGIC INJURIES, CONDITIONS OR DISEASE.
§ 8303. USE OF THE TITLE "CERTIFIED ATHLETIC TRAINER". ONLY A PERSON
CERTIFIED OR OTHERWISE AUTHORIZED UNDER THIS TITLE SHALL USE THE TITLE
"CERTIFIED ATHLETIC TRAINER".
§ 8304. STATE COMMITTEE FOR ATHLETIC TRAINERS. A STATE COMMITTEE FOR
ATHLETIC TRAINERS SHALL BE APPOINTED BY THE COMMISSIONER, UPON THE
RECOMMENDATION OF THE COMMISSIONER AND SHALL ASSIST ON MATTERS OF
CERTIFICATION AND PROFESSIONAL CONDUCT IN ACCORDANCE WITH SECTION SIX
THOUSAND FIVE HUNDRED EIGHT OF THIS ARTICLE. THE COMMITTEE SHALL CONSIST
OF FIVE MEMBERS WHO ARE ATHLETIC TRAINERS CERTIFIED IN THIS STATE. THE
COMMITTEE SHALL ASSIST THE STATE BOARD FOR MEDICINE IN ATHLETIC TRAINING
MATTERS. NOMINATIONS AND TERMS OF OFFICE OF THE MEMBERS OF THE STATE
COMMITTEE FOR ATHLETIC TRAINERS SHALL CONFORM TO THE CORRESPONDING
PROVISIONS RELATING THERETO FOR STATE BOARDS UNDER TITLE ONE OF THIS
ARTICLE. NOTWITHSTANDING THE FOREGOING, THE MEMBERS OF THE FIRST
S. 4007--A 441 A. 3007--A
COMMITTEE NEED NOT BE CERTIFIED PRIOR TO THEIR APPOINTMENT TO THE
COMMITTEE.
§ 8305. REQUIREMENTS AND PROCEDURE FOR PROFESSIONAL CERTIFICATION. FOR
CERTIFICATION AS A CERTIFIED ATHLETIC TRAINER UNDER THIS TITLE, AN
APPLICANT SHALL FULFILL THE FOLLOWING REQUIREMENTS:
1. APPLICATION: FILE AN APPLICATION WITH THE DEPARTMENT;
2. EDUCATION: HAVE RECEIVED AN EDUCATION INCLUDING A BACHELOR'S, ITS
EQUIVALENT OR HIGHER DEGREE IN ACCORDANCE WITH THE COMMISSIONER'S REGU-
LATIONS;
3. EXPERIENCE: HAVE EXPERIENCE IN ACCORDANCE WITH THE COMMISSIONER'S
REGULATIONS;
4. EXAMINATION: PASS AN EXAMINATION IN ACCORDANCE WITH THE COMMISSION-
ER'S REGULATIONS;
5. AGE: BE AT LEAST TWENTY-ONE YEARS OF AGE; AND
6. FEES: PAY A FEE FOR AN INITIAL CERTIFICATE OF ONE HUNDRED DOLLARS
TO THE DEPARTMENT; AND A FEE OF FIFTY DOLLARS FOR EACH TRIENNIAL REGIS-
TRATION PERIOD.
§ 8306. SPECIAL PROVISIONS. A PERSON SHALL BE CERTIFIED WITHOUT EXAM-
INATION PROVIDED THAT, WITHIN THREE YEARS FROM THE EFFECTIVE DATE OF
REGULATIONS IMPLEMENTING THE PROVISIONS OF THIS TITLE, THE INDIVIDUAL:
1. FILES AN APPLICATION AND PAYS THE APPROPRIATE FEES TO THE DEPART-
MENT; AND
2. MEETS THE REQUIREMENTS OF SUBDIVISIONS TWO AND FIVE OF SECTION
EIGHT THOUSAND THREE HUNDRED FIVE OF THIS TITLE AND WHO IN ADDITION:
A. HAS BEEN ACTIVELY ENGAGED IN THE PROFESSION OF ATHLETIC TRAINING
FOR A MINIMUM OF FOUR YEARS DURING THE SEVEN YEARS IMMEDIATELY PRECEDING
THE EFFECTIVE DATE OF THIS TITLE; OR
B. IS CERTIFIED BY A UNITED STATES CERTIFYING BODY ACCEPTABLE TO THE
DEPARTMENT.
§ 8307. NON-LIABILITY OF CERTIFIED ATHLETIC TRAINERS FOR FIRST AID OR
EMERGENCY TREATMENT. NOTWITHSTANDING ANY INCONSISTENT PROVISION OF ANY
GENERAL, SPECIAL OR LOCAL LAW, ANY CERTIFIED ATHLETIC TRAINER WHO VOLUN-
TARILY AND WITHOUT THE EXPECTATION OF MONETARY COMPENSATION RENDERS
FIRST AID OR EMERGENCY TREATMENT AT THE SCENE OF AN ACCIDENT OR OTHER
EMERGENCY, OUTSIDE A HOSPITAL, DOCTOR'S OFFICE OR ANY OTHER PLACE HAVING
PROPER AND NECESSARY ATHLETIC TRAINING EQUIPMENT, TO A PERSON WHO IS
UNCONSCIOUS, ILL OR INJURED, SHALL NOT BE LIABLE FOR DAMAGES FOR INJU-
RIES ALLEGED TO HAVE BEEN SUSTAINED BY SUCH PERSON OR FOR DAMAGES FOR
THE DEATH OF SUCH PERSON ALLEGED TO HAVE OCCURRED BY REASON OF AN ACT OR
OMISSION IN THE RENDERING OF SUCH FIRST AID OR EMERGENCY TREATMENT
UNLESS IT IS ESTABLISHED THAT SUCH INJURIES WERE OR SUCH DEATH WAS
CAUSED BY GROSS NEGLIGENCE ON THE PART OF SUCH ATHLETIC TRAINER. NOTHING
IN THIS SECTION SHALL BE DEEMED OR CONSTRUED TO RELIEVE A CERTIFIED
ATHLETIC TRAINER FROM LIABILITY FOR DAMAGES FOR INJURIES OR DEATH CAUSED
BY AN ACT OR OMISSION ON THE PART OF AN ATHLETIC TRAINER WHILE RENDERING
PROFESSIONAL SERVICES IN THE NORMAL AND ORDINARY COURSE OF HIS OR HER
PRACTICE.
§ 8308. SEPARABILITY. IF ANY SECTION OF THIS TITLE, OR PART THEREOF,
SHALL BE ADJUDGED BY ANY COURT OF COMPETENT JURISDICTION TO BE INVALID,
SUCH JUDGMENT SHALL NOT AFFECT, IMPAIR OR INVALIDATE THE REMAINDER OF
ANY OTHER SECTION OR PART THEREOF.
TITLE 25
MENTAL HEALTH PRACTITIONERS
SECTION 8400. INTRODUCTION.
8401. DEFINITIONS.
8402. MENTAL HEALTH COUNSELING.
S. 4007--A 442 A. 3007--A
8403. MARRIAGE AND FAMILY THERAPY.
8404. CREATIVE ARTS THERAPY.
8405. PSYCHOANALYSIS.
8406. STATE BOARD FOR MENTAL HEALTH PRACTITIONERS.
8407. BOUNDARIES OF PROFESSIONAL COMPETENCY.
8408. HOSPITAL PRIVILEGES.
8409. LIMITED PERMITS.
8410. EXEMPTIONS.
8411. SPECIAL PROVISIONS.
8412. MANDATORY CONTINUING EDUCATION.
§ 8400. INTRODUCTION. THIS TITLE APPLIES TO THE PROFESSIONS OF MENTAL
HEALTH COUNSELING, MARRIAGE AND FAMILY THERAPY, CREATIVE ARTS THERAPY,
AND PSYCHOANALYSIS AND PROVIDES FOR THE LICENSING OF SUCH PRACTITIONERS.
THE GENERAL PROVISIONS FOR ALL PROFESSIONS CONTAINED IN TITLE ONE THIS
ARTICLE APPLY TO THIS TITLE.
§ 8401. DEFINITIONS. FOR PURPOSES OF THIS TITLE, THE FOLLOWING TERMS
SHALL HAVE THE FOLLOWING MEANINGS:
1. "BOARD" MEANS THE STATE BOARD FOR MENTAL HEALTH PRACTITIONERS
AUTHORIZED BY SECTION EIGHTY-FOUR HUNDRED SIX OF THIS TITLE.
2. "PSYCHOTHERAPY" MEANS THE TREATMENT OF MENTAL, NERVOUS, EMOTIONAL,
BEHAVIORAL AND ADDICTIVE DISORDERS, AND AILMENTS BY THE USE OF BOTH
VERBAL AND BEHAVIORAL METHODS OF INTERVENTION IN INTERPERSONAL RELATION-
SHIPS WITH THE INTENT OF ASSISTING THE PERSONS TO MODIFY ATTITUDES,
THINKING, AFFECT, AND BEHAVIOR WHICH ARE INTELLECTUALLY, SOCIALLY AND
EMOTIONALLY MALADAPTIVE.
§ 8402. MENTAL HEALTH COUNSELING. 1. THE PRACTICE OF THE PROFESSION OF
MENTAL HEALTH COUNSELING IS DEFINED AS:
A. THE EVALUATION, ASSESSMENT, AMELIORATION, TREATMENT, MODIFICATION,
OR ADJUSTMENT TO A DISABILITY, PROBLEM, OR DISORDER OF BEHAVIOR, CHARAC-
TER, DEVELOPMENT, EMOTION, PERSONALITY OR RELATIONSHIPS BY THE USE OF
VERBAL OR BEHAVIORAL METHODS WITH INDIVIDUALS, COUPLES, FAMILIES OR
GROUPS IN PRIVATE PRACTICE, GROUP, OR ORGANIZED SETTINGS; AND
B. THE USE OF ASSESSMENT INSTRUMENTS AND MENTAL HEALTH COUNSELING AND
PSYCHOTHERAPY TO IDENTIFY, EVALUATE AND TREAT DYSFUNCTIONS AND DISORDERS
FOR PURPOSES OF PROVIDING APPROPRIATE MENTAL HEALTH COUNSELING SERVICES.
2. ONLY A PERSON LICENSED OR EXEMPT UNDER THIS TITLE SHALL PRACTICE
MENTAL HEALTH COUNSELING OR USE THE TITLE "MENTAL HEALTH COUNSELOR".
ONLY A PERSON LICENSED UNDER THIS TITLE SHALL USE THE TITLE "LICENSED
MENTAL HEALTH COUNSELOR" OR ANY OTHER DESIGNATION TENDING TO IMPLY THAT
THE PERSON IS LICENSED TO PRACTICE MENTAL HEALTH COUNSELING.
3. REQUIREMENTS FOR A PROFESSIONAL LICENSE. TO QUALIFY FOR A LICENSE
AS A "LICENSED MENTAL HEALTH COUNSELOR", AN APPLICANT SHALL FULFILL THE
FOLLOWING REQUIREMENTS:
A. APPLICATION: FILE AN APPLICATION WITH THE DEPARTMENT;
B. EDUCATION: HAVE RECEIVED AN EDUCATION, INCLUDING A MASTER'S OR
HIGHER DEGREE IN COUNSELING FROM A PROGRAM REGISTERED BY THE DEPARTMENT
OR DETERMINED BY THE DEPARTMENT TO BE THE SUBSTANTIAL EQUIVALENT THERE-
OF, IN ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS. THE GRADUATE
COURSEWORK SHALL INCLUDE, BUT NOT BE LIMITED TO, THE FOLLOWING AREAS:
(I) HUMAN GROWTH AND DEVELOPMENT;
(II) SOCIAL AND CULTURAL FOUNDATIONS OF COUNSELING;
(III) COUNSELING THEORY AND PRACTICE AND PSYCHOPATHOLOGY;
(IV) GROUP DYNAMICS;
(V) LIFESTYLE AND CAREER DEVELOPMENT;
(VI) ASSESSMENT AND APPRAISAL OF INDIVIDUALS, COUPLES AND FAMILIES AND
GROUPS;
S. 4007--A 443 A. 3007--A
(VII) RESEARCH AND PROGRAM EVALUATION;
(VIII) PROFESSIONAL ORIENTATION AND ETHICS;
(IX) FOUNDATIONS OF MENTAL HEALTH COUNSELING AND CONSULTATION;
(X) CLINICAL INSTRUCTION; AND
(XI) COMPLETION OF A MINIMUM ONE YEAR SUPERVISED INTERNSHIP OR PRACTI-
CUM IN MENTAL HEALTH COUNSELING;
C. EXPERIENCE: AN APPLICANT SHALL COMPLETE A MINIMUM OF THREE THOUSAND
HOURS OF POST-MASTER'S SUPERVISED EXPERIENCE RELEVANT TO THE PRACTICE OF
MENTAL HEALTH COUNSELING SATISFACTORY TO THE BOARD AND IN ACCORDANCE
WITH THE COMMISSIONER'S REGULATIONS. SATISFACTORY EXPERIENCE OBTAINED IN
AN ENTITY OPERATING UNDER A WAIVER ISSUED BY THE DEPARTMENT PURSUANT TO
SECTION SIXTY-FIVE HUNDRED THREE-A OF THIS ARTICLE MAY BE ACCEPTED BY
THE DEPARTMENT, NOTWITHSTANDING THAT SUCH EXPERIENCE MAY HAVE BEEN
OBTAINED PRIOR TO THE EFFECTIVE DATE OF SUCH SECTION SIXTY-FIVE HUNDRED
THREE-A OF THIS ARTICLE AND/OR PRIOR TO THE ENTITY HAVING OBTAINED A
WAIVER. THE DEPARTMENT MAY, FOR GOOD CAUSE SHOWN, ACCEPT SATISFACTORY
EXPERIENCE THAT WAS OBTAINED IN A SETTING THAT WOULD HAVE BEEN ELIGIBLE
FOR A WAIVER BUT WHICH HAS NOT OBTAINED A WAIVER FROM THE DEPARTMENT OR
EXPERIENCE THAT WAS OBTAINED IN GOOD FAITH BY THE APPLICANT UNDER THE
BELIEF THAT APPROPRIATE AUTHORIZATION HAD BEEN OBTAINED FOR THE EXPERI-
ENCE, PROVIDED THAT SUCH EXPERIENCE MEETS ALL OTHER REQUIREMENTS FOR
ACCEPTABLE EXPERIENCE;
D. EXAMINATION: PASS AN EXAMINATION SATISFACTORY TO THE BOARD AND IN
ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS;
E. AGE: BE AT LEAST TWENTY-ONE YEARS OF AGE;
F. CHARACTER: BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE DEPART-
MENT; AND
G. FEES: PAY A FEE OF ONE HUNDRED SEVENTY-FIVE DOLLARS FOR AN INITIAL
LICENSE AND A FEE OF ONE HUNDRED SEVENTY DOLLARS FOR EACH TRIENNIAL
REGISTRATION PERIOD.
§ 8403. MARRIAGE AND FAMILY THERAPY. 1. THE PRACTICE OF THE PROFESSION
OF MARRIAGE AND FAMILY THERAPY IS DEFINED AS:
A. THE ASSESSMENT AND TREATMENT OF NERVOUS AND MENTAL DISORDERS,
WHETHER AFFECTIVE, COGNITIVE OR BEHAVIORAL, WHICH RESULTS IN DYSFUNC-
TIONAL INTERPERSONAL FAMILY RELATIONSHIPS INCLUDING, BUT NOT LIMITED TO
FAMILIAL RELATIONSHIPS, MARITAL/COUPLE RELATIONSHIPS, PARENT-CHILD
RELATIONSHIPS, PRE-MARITAL AND OTHER PERSONAL RELATIONSHIPS;
B. THE USE OF MENTAL HEALTH COUNSELING, PSYCHOTHERAPY AND THERAPEUTIC
TECHNIQUES TO EVALUATE AND TREAT MARITAL, RELATIONAL, AND FAMILY
SYSTEMS, AND INDIVIDUALS IN RELATIONSHIP TO THESE SYSTEMS;
C. THE USE OF MENTAL HEALTH COUNSELING AND PSYCHOTHERAPEUTIC TECH-
NIQUES TO TREAT MENTAL, EMOTIONAL AND BEHAVIORAL DISORDERS AND AILMENTS
WITHIN THE CONTEXT OF MARITAL, RELATIONAL AND FAMILY SYSTEMS TO PREVENT
AND AMELIORATE DYSFUNCTION; AND
D. THE USE OF ASSESSMENT INSTRUMENTS AND MENTAL HEALTH COUNSELING AND
PSYCHOTHERAPY TO IDENTIFY AND EVALUATE DYSFUNCTIONS AND DISORDERS FOR
PURPOSES OF PROVIDING APPROPRIATE MARRIAGE AND FAMILY THERAPY SERVICES.
2. ONLY A PERSON LICENSED OR EXEMPT UNDER THIS TITLE SHALL PRACTICE
MARRIAGE AND FAMILY THERAPY OR USE THE TITLE "MARRIAGE AND FAMILY THERA-
PIST". ONLY A PERSON LICENSED UNDER THIS TITLE SHALL USE THE TITLES
"LICENSED MARRIAGE AND FAMILY THERAPIST", "LICENSED MARRIAGE THERAPIST",
"LICENSED FAMILY THERAPIST" OR ANY OTHER DESIGNATION TENDING TO IMPLY
THAT THE PERSON IS LICENSED TO PRACTICE MARRIAGE AND FAMILY THERAPY.
3. REQUIREMENTS FOR A PROFESSIONAL LICENSE. TO QUALIFY FOR A LICENSE
AS A "LICENSED MARRIAGE AND FAMILY THERAPIST", AN APPLICANT SHALL
FULFILL THE FOLLOWING REQUIREMENTS:
S. 4007--A 444 A. 3007--A
A. APPLICATION: FILE AN APPLICATION WITH THE DEPARTMENT;
B. EDUCATION: HAVE RECEIVED A MASTER'S OR DOCTORAL DEGREE IN MARRIAGE
AND FAMILY THERAPY FROM A PROGRAM REGISTERED BY THE DEPARTMENT, OR
DETERMINED BY THE DEPARTMENT TO BE THE SUBSTANTIAL EQUIVALENT, IN
ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS OR A GRADUATE DEGREE IN
AN ALLIED FIELD FROM A PROGRAM REGISTERED BY THE DEPARTMENT AND GRADUATE
LEVEL COURSEWORK DETERMINED TO BE EQUIVALENT TO THAT REQUIRED IN A
PROGRAM REGISTERED BY THE DEPARTMENT. THIS COURSEWORK SHALL INCLUDE,
BUT NOT BE LIMITED TO:
(I) THE STUDY OF HUMAN DEVELOPMENT, INCLUDING INDIVIDUAL, CHILD AND
FAMILY DEVELOPMENT;
(II) PSYCHOPATHOLOGY;
(III) MARITAL AND FAMILY THERAPY;
(IV) FAMILY LAW;
(V) RESEARCH;
(VI) PROFESSIONAL ETHICS; AND
(VII) A PRACTICUM OF AT LEAST THREE HUNDRED CLIENT CONTACT HOURS;
C. EXPERIENCE: THE COMPLETION OF AT LEAST ONE THOUSAND FIVE HUNDRED
CLIENT CONTACT HOURS OF SUPERVISED CLINICAL EXPERIENCE, BY PERSONS HOLD-
ING A DEGREE FROM A MASTER'S OR DOCTORAL PROGRAM, OR THE SUBSTANTIAL
EQUIVALENT, IN ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS OR THE
COMPLETION OF AT LEAST ONE THOUSAND FIVE HUNDRED CLIENT HOURS OF SUPER-
VISED POST-MASTER'S CLINICAL EXPERIENCE IN MARRIAGE AND FAMILY THERAPY
SATISFACTORY TO THE DEPARTMENT IN ACCORDANCE WITH THE COMMISSIONER'S
REGULATIONS. SATISFACTORY EXPERIENCE OBTAINED IN AN ENTITY OPERATING
UNDER A WAIVER ISSUED BY THE DEPARTMENT PURSUANT TO SECTION SIXTY-FIVE
HUNDRED THREE-A OF THIS ARTICLE MAY BE ACCEPTED BY THE DEPARTMENT,
NOTWITHSTANDING THAT SUCH EXPERIENCE MAY HAVE BEEN OBTAINED PRIOR TO THE
EFFECTIVE DATE OF SUCH SECTION SIXTY-FIVE HUNDRED THREE-A OF THIS ARTI-
CLE AND/OR PRIOR TO THE ENTITY HAVING OBTAINED A WAIVER. THE DEPARTMENT
MAY, FOR GOOD CAUSE SHOWN, ACCEPT SATISFACTORY EXPERIENCE THAT WAS
OBTAINED IN A SETTING THAT WOULD HAVE BEEN ELIGIBLE FOR A WAIVER BUT
WHICH HAS NOT OBTAINED A WAIVER FROM THE DEPARTMENT OR EXPERIENCE THAT
WAS OBTAINED IN GOOD FAITH BY THE APPLICANT UNDER THE BELIEF THAT APPRO-
PRIATE AUTHORIZATION HAD BEEN OBTAINED FOR THE EXPERIENCE, PROVIDED THAT
SUCH EXPERIENCE MEETS ALL OTHER REQUIREMENTS FOR ACCEPTABLE EXPERIENCE;
D. EXAMINATION: PASS AN EXAMINATION SATISFACTORY TO THE BOARD AND IN
ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS;
E. AGE: BE AT LEAST TWENTY-ONE YEARS OF AGE;
F. CHARACTER: BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE DEPART-
MENT; AND
G. FEES: PAY A FEE OF ONE HUNDRED SEVENTY-FIVE DOLLARS FOR AN INITIAL
LICENSE AND A FEE OF ONE HUNDRED SEVENTY DOLLARS FOR EACH TRIENNIAL
REGISTRATION PERIOD.
§ 8404. CREATIVE ARTS THERAPY. 1. THE PRACTICE OF THE PROFESSION OF
CREATIVE ARTS THERAPY IS DEFINED AS:
A. THE ASSESSMENT, EVALUATION, AND THE THERAPEUTIC INTERVENTION AND
TREATMENT, WHICH MAY BE EITHER PRIMARY, PARALLEL OR ADJUNCTIVE, OF
MENTAL, EMOTIONAL, DEVELOPMENTAL AND BEHAVIORAL DISORDERS THROUGH THE
USE OF THE ARTS AS APPROVED BY THE DEPARTMENT; AND
B. THE USE OF ASSESSMENT INSTRUMENTS AND MENTAL HEALTH COUNSELING AND
PSYCHOTHERAPY TO IDENTIFY, EVALUATE AND TREAT DYSFUNCTIONS AND DISORDERS
FOR PURPOSES OF PROVIDING APPROPRIATE CREATIVE ARTS THERAPY SERVICES.
2. ONLY A PERSON LICENSED OR EXEMPT UNDER THIS TITLE SHALL PRACTICE
CREATIVE ARTS THERAPY OR USE THE TITLE "CREATIVE ARTS THERAPIST". ONLY A
PERSON LICENSED UNDER THIS TITLE SHALL USE THE TITLE "LICENSED CREATIVE
S. 4007--A 445 A. 3007--A
ARTS THERAPIST" OR ANY OTHER DESIGNATION TENDING TO IMPLY THAT THE
PERSON IS LICENSED TO PRACTICE CREATIVE ARTS THERAPY.
3. REQUIREMENTS FOR A PROFESSIONAL LICENSE. TO QUALIFY FOR A LICENSE
AS A "LICENSED CREATIVE ARTS THERAPIST", AN APPLICANT SHALL FULFILL THE
FOLLOWING REQUIREMENTS:
A. APPLICATION: FILE AN APPLICATION WITH THE DEPARTMENT;
B. EDUCATION: HAVE RECEIVED AN EDUCATION, INCLUDING A MASTER'S OR
HIGHER DEGREE IN CREATIVE ARTS THERAPY FROM A PROGRAM REGISTERED BY THE
DEPARTMENT OR DETERMINED BY THE DEPARTMENT TO BE THE SUBSTANTIAL EQUIV-
ALENT THEREOF, IN ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS. THE
GRADUATE COURSEWORK SHALL INCLUDE, BUT NOT BE LIMITED TO, THE FOLLOWING
AREAS:
(I) HUMAN GROWTH AND DEVELOPMENT;
(II) THEORIES IN THERAPY;
(III) GROUP DYNAMICS;
(IV) ASSESSMENT AND APPRAISAL OF INDIVIDUALS AND GROUPS;
(V) RESEARCH AND PROGRAM EVALUATION;
(VI) PROFESSIONAL ORIENTATION AND ETHICS;
(VII) FOUNDATIONS OF CREATIVE ARTS THERAPY AND PSYCHOPATHOLOGY; AND
(VIII) CLINICAL INSTRUCTION;
C. EXPERIENCE: HAVE COMPLETED AT LEAST FIFTEEN HUNDRED HOURS OF POST-
MASTER'S SUPERVISED EXPERIENCE IN ONE OR MORE CREATIVE ARTS THERAPIES
SATISFACTORY TO THE DEPARTMENT AND IN ACCORDANCE WITH THE COMMISSIONER'S
REGULATIONS. SATISFACTORY EXPERIENCE OBTAINED IN AN ENTITY OPERATING
UNDER A WAIVER ISSUED BY THE DEPARTMENT PURSUANT TO SECTION SIXTY-FIVE
HUNDRED THREE-A OF THIS ARTICLE MAY BE ACCEPTED BY THE DEPARTMENT,
NOTWITHSTANDING THAT SUCH EXPERIENCE MAY HAVE BEEN OBTAINED PRIOR TO THE
EFFECTIVE DATE OF SUCH SECTION SIXTY-FIVE HUNDRED THREE-A OF THIS ARTI-
CLE AND/OR PRIOR TO THE ENTITY HAVING OBTAINED A WAIVER. THE DEPARTMENT
MAY, FOR GOOD CAUSE SHOWN, ACCEPT SATISFACTORY EXPERIENCE THAT WAS
OBTAINED IN A SETTING THAT WOULD HAVE BEEN ELIGIBLE FOR A WAIVER BUT
WHICH HAS NOT OBTAINED A WAIVER FROM THE DEPARTMENT OR EXPERIENCE THAT
WAS OBTAINED IN GOOD FAITH BY THE APPLICANT UNDER THE BELIEF THAT APPRO-
PRIATE AUTHORIZATION HAD BEEN OBTAINED FOR THE EXPERIENCE, PROVIDED THAT
SUCH EXPERIENCE MEETS ALL OTHER REQUIREMENTS FOR ACCEPTABLE EXPERIENCE;
D. EXAMINATION: PASS AN EXAMINATION IN CREATIVE ARTS THERAPY SATISFAC-
TORY TO THE DEPARTMENT AND IN ACCORDANCE WITH THE COMMISSIONER'S REGU-
LATIONS;
E. AGE: BE AT LEAST TWENTY-ONE YEARS OF AGE;
F. CHARACTER: BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE DEPART-
MENT; AND
G. FEES: PAY A FEE OF ONE HUNDRED SEVENTY-FIVE DOLLARS FOR AN INITIAL
LICENSE AND A FEE OF ONE HUNDRED SEVENTY DOLLARS FOR EACH TRIENNIAL
REGISTRATION PERIOD.
§ 8405. PSYCHOANALYSIS. 1. THE PRACTICE OF THE PROFESSION OF PSYCHO-
ANALYSIS IS DEFINED AS:
A. THE OBSERVATION, DESCRIPTION, EVALUATION, AND INTERPRETATION OF
DYNAMIC UNCONSCIOUS MENTAL PROCESSES THAT CONTRIBUTE TO THE FORMATION OF
PERSONALITY AND BEHAVIOR IN ORDER TO IDENTIFY AND RESOLVE UNCONSCIOUS
PSYCHIC PROBLEMS WHICH AFFECT INTERPERSONAL RELATIONSHIPS AND EMOTIONAL
DEVELOPMENT, TO FACILITATE CHANGES IN PERSONALITY AND BEHAVIOR THROUGH
THE USE OF VERBAL AND NONVERBAL COGNITIVE AND EMOTIONAL COMMUNICATION,
AND TO DEVELOP ADAPTIVE FUNCTIONING; AND
B. THE USE OF ASSESSMENT INSTRUMENTS AND MENTAL HEALTH COUNSELING AND
PSYCHOTHERAPY TO IDENTIFY, EVALUATE AND TREAT DYSFUNCTIONS AND DISORDERS
FOR PURPOSES OF PROVIDING APPROPRIATE PSYCHOANALYTIC SERVICES.
S. 4007--A 446 A. 3007--A
2. ONLY A PERSON LICENSED OR EXEMPT UNDER THIS TITLE SHALL PRACTICE
PSYCHOANALYSIS OR USE THE TITLE "PSYCHOANALYST". ONLY A PERSON LICENSED
UNDER THIS TITLE SHALL USE THE TITLE "LICENSED PSYCHOANALYST" OR ANY
OTHER DESIGNATION TENDING TO IMPLY THAT THE PERSON IS LICENSED TO PRAC-
TICE PSYCHOANALYSIS.
3. REQUIREMENTS FOR A PROFESSIONAL LICENSE. TO QUALIFY FOR A LICENSE
AS A "LICENSED PSYCHOANALYST", AN APPLICANT SHALL FULFILL THE FOLLOWING
REQUIREMENTS:
A. APPLICATION: FILE AN APPLICATION WITH THE DEPARTMENT;
B. EDUCATION: HAVE RECEIVED A MASTER'S DEGREE OR HIGHER FROM A
DEGREE-GRANTING PROGRAM REGISTERED BY THE DEPARTMENT OR THE SUBSTANTIAL
EQUIVALENT AND HAVE COMPLETED A PROGRAM OF STUDY REGISTERED BY THE
DEPARTMENT IN A PSYCHOANALYTIC INSTITUTE CHARTERED BY THE DEPARTMENT OR
THE SUBSTANTIAL EQUIVALENT AS DETERMINED BY THE DEPARTMENT. THE PROGRAM
OF STUDY IN A PSYCHOANALYTIC INSTITUTE SHALL INCLUDE COURSEWORK SUBSTAN-
TIALLY EQUIVALENT TO COURSEWORK REQUIRED FOR A MASTER'S DEGREE IN A
HEALTH OR MENTAL HEALTH FIELD OF STUDY. THE COURSEWORK SHALL INCLUDE,
BUT NOT BE LIMITED TO, THE FOLLOWING AREAS:
(I) PERSONALITY DEVELOPMENT;
(II) PSYCHOANALYTIC THEORY OF PSYCHOPATHOLOGY;
(III) PSYCHOANALYTIC THEORY OF PSYCHODIAGNOSIS;
(IV) SOCIOCULTURAL INFLUENCE ON GROWTH AND PSYCHOPATHOLOGY;
(V) PRACTICE TECHNIQUE (INCLUDING DREAMS AND SYMBOLIC PROCESSES);
(VI) ANALYSIS OF RESISTANCE, TRANSFERENCE, AND COUNTERTRANSFERENCE;
(VII) CASE SEMINARS ON CLINICAL PRACTICE;
(VIII) PRACTICE IN PSYCHOPATHOLOGY AND PSYCHODIAGNOSIS;
(IX) PROFESSIONAL ETHICS AND PSYCHOANALYTIC RESEARCH METHODOLOGY; AND
(X) A MINIMUM OF THREE HUNDRED HOURS OF PERSONAL ANALYSIS AND ONE
HUNDRED FIFTY HOURS OF SUPERVISED ANALYSIS;
C. EXPERIENCE: HAVE COMPLETED A MINIMUM OF FIFTEEN HUNDRED HOURS OF
SUPERVISED CLINICAL PRACTICE SATISFACTORY TO THE DEPARTMENT AND IN
ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS. SATISFACTORY EXPERIENCE
OBTAINED IN AN ENTITY OPERATING UNDER A WAIVER ISSUED BY THE DEPARTMENT
PURSUANT TO SECTION SIXTY-FIVE HUNDRED THREE-A OF THIS ARTICLE MAY BE
ACCEPTED BY THE DEPARTMENT, NOTWITHSTANDING THAT SUCH EXPERIENCE MAY
HAVE BEEN OBTAINED PRIOR TO THE EFFECTIVE DATE OF SUCH SECTION SIXTY-
FIVE HUNDRED THREE-A AND/OR PRIOR TO THE ENTITY HAVING OBTAINED A WAIV-
ER. THE DEPARTMENT MAY, FOR GOOD CAUSE SHOWN, ACCEPT SATISFACTORY EXPE-
RIENCE THAT WAS OBTAINED IN A SETTING THAT WOULD HAVE BEEN ELIGIBLE FOR
A WAIVER BUT WHICH HAS NOT OBTAINED A WAIVER FROM THE DEPARTMENT OR
EXPERIENCE THAT WAS OBTAINED IN GOOD FAITH BY THE APPLICANT UNDER THE
BELIEF THAT APPROPRIATE AUTHORIZATION HAD BEEN OBTAINED FOR THE EXPERI-
ENCE, PROVIDED THAT SUCH EXPERIENCE MEETS ALL OTHER REQUIREMENTS FOR
ACCEPTABLE EXPERIENCE;
D. EXAMINATION: PASS AN EXAMINATION IN PSYCHOANALYSIS SATISFACTORY TO
THE DEPARTMENT AND IN ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS;
E. AGE: BE AT LEAST TWENTY-ONE YEARS OF AGE;
F. CHARACTER: BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE DEPART-
MENT; AND
G. FEES: PAY A FEE OF ONE HUNDRED SEVENTY-FIVE DOLLARS FOR AN INITIAL
LICENSE AND A FEE OF ONE HUNDRED SEVENTY DOLLARS FOR EACH TRIENNIAL
REGISTRATION PERIOD.
§ 8406. STATE BOARD FOR MENTAL HEALTH PRACTITIONERS. A STATE BOARD FOR
MENTAL HEALTH PRACTITIONERS SHALL BE APPOINTED BY THE COMMISSIONER FOR
THE PURPOSE OF ASSISTING THE DEPARTMENT ON MATTERS OF LICENSING AND
REGULATION. THE BOARD SHALL BE COMPOSED OF AT LEAST THREE LICENSED
S. 4007--A 447 A. 3007--A
MEMBERS FROM EACH PROFESSION LICENSED PURSUANT TO THIS TITLE AND AT
LEAST THREE PUBLIC REPRESENTATIVES WHO DO NOT HOLD INTERESTS IN THE
ORGANIZATION, FINANCING, OR DELIVERY OF MENTAL HEALTH SERVICES. ADDI-
TIONALLY, THE BOARD SHALL CONTAIN ONE PHYSICIAN WHO SHALL BE A PSYCHIA-
TRIST. MEMBERS OF THE FIRST BOARD NEED NOT BE LICENSED PRIOR TO THEIR
APPOINTMENT TO THE BOARD. THE TERMS OF THE FIRST APPOINTED MEMBERS SHALL
BE STAGGERED SO THAT FIVE ARE APPOINTED FOR THREE YEARS, FIVE ARE
APPOINTED FOR FOUR YEARS, AND SIX ARE APPOINTED FOR FIVE YEARS. AN EXEC-
UTIVE SECRETARY TO THE BOARD SHALL BE APPOINTED BY THE COMMISSIONER.
§ 8407. BOUNDARIES OF PROFESSIONAL COMPETENCY. 1. IT SHALL BE DEEMED
PRACTICING OUTSIDE THE BOUNDARIES OF HIS OR HER PROFESSIONAL COMPETENCE
FOR A PERSON LICENSED PURSUANT TO THIS TITLE, IN THE CASE OF TREATMENT
OF ANY SERIOUS MENTAL ILLNESS, TO PROVIDE ANY MENTAL HEALTH SERVICE FOR
SUCH ILLNESS ON A CONTINUOUS AND SUSTAINED BASIS WITHOUT A MEDICAL EVAL-
UATION OF THE ILLNESS BY, AND CONSULTATION WITH, A PHYSICIAN REGARDING
SUCH ILLNESS. SUCH MEDICAL EVALUATION AND CONSULTATION SHALL BE TO
DETERMINE AND ADVISE WHETHER ANY MEDICAL CARE IS INDICATED FOR SUCH
ILLNESS. FOR PURPOSES OF THIS SECTION, "SERIOUS MENTAL ILLNESS" MEANS
SCHIZOPHRENIA, SCHIZOAFFECTIVE DISORDER, BIPOLAR DISORDER, MAJOR DEPRES-
SIVE DISORDER, PANIC DISORDER, OBSESSIVE-COMPULSIVE DISORDER, ATTEN-
TION-DEFICIT HYPERACTIVITY DISORDER AND AUTISM.
2. ANY INDIVIDUAL WHOSE LICENSE OR AUTHORITY TO PRACTICE DERIVES FROM
THE PROVISIONS OF THIS TITLE SHALL BE PROHIBITED FROM:
A. PRESCRIBING OR ADMINISTERING DRUGS AS DEFINED IN THIS CHAPTER AS A
TREATMENT, THERAPY, OR PROFESSIONAL SERVICE IN THE PRACTICE OF HIS OR
HER PROFESSION; OR
B. USING INVASIVE PROCEDURES AS A TREATMENT, THERAPY, OR PROFESSIONAL
SERVICE IN THE PRACTICE OF HIS OR HER PROFESSION. FOR PURPOSES OF THIS
SUBDIVISION, "INVASIVE PROCEDURE" MEANS ANY PROCEDURE IN WHICH HUMAN
TISSUE IS CUT, ALTERED, OR OTHERWISE INFILTRATED BY MECHANICAL OR OTHER
MEANS. INVASIVE PROCEDURE INCLUDES SURGERY, LASERS, IONIZING RADIATION,
THERAPEUTIC ULTRASOUND, OR ELECTROCONVULSIVE THERAPY.
§ 8408. HOSPITAL PRIVILEGES. NOTHING IN THIS TITLE SHALL BE DEEMED TO
AUTHORIZE, GRANT, OR EXTEND HOSPITAL PRIVILEGES TO INDIVIDUALS LICENSED
UNDER THIS TITLE.
§ 8409. LIMITED PERMITS. THE FOLLOWING REQUIREMENTS FOR A LIMITED
PERMIT SHALL APPLY TO ALL PROFESSIONS LICENSED PURSUANT TO THIS TITLE:
1. THE DEPARTMENT MAY ISSUE A LIMITED PERMIT TO AN APPLICANT WHO MEETS
ALL QUALIFICATIONS FOR LICENSURE, EXCEPT THE EXAMINATION AND/OR EXPERI-
ENCE REQUIREMENTS, IN ACCORDANCE WITH REGULATIONS PROMULGATED THEREFOR.
2. LIMITED PERMITS SHALL BE FOR TWO YEARS; SUCH LIMITED PERMITS MAY BE
RENEWED, AT THE DISCRETION OF THE DEPARTMENT, FOR UP TO TWO ADDITIONAL
ONE YEAR PERIODS.
3. THE FEE FOR EACH LIMITED PERMIT AND FOR EACH RENEWAL SHALL BE
SEVENTY DOLLARS.
§ 8410. EXEMPTIONS. NOTHING CONTAINED IN THIS TITLE SHALL BE CONSTRUED
TO:
1. APPLY TO THE PRACTICE, CONDUCT, ACTIVITIES, SERVICES OR USE OF ANY
TITLE BY ANY PERSON LICENSED OR OTHERWISE AUTHORIZED TO PRACTICE MEDI-
CINE WITHIN THE STATE PURSUANT TO TITLE TWO OF THIS ARTICLE OR BY ANY
PERSON REGISTERED TO PERFORM SERVICES AS A PHYSICIAN ASSISTANT WITHIN
THE STATE PURSUANT TO TITLE FOUR OF THIS ARTICLE OR BY ANY PERSON
LICENSED OR OTHERWISE AUTHORIZED TO PRACTICE PSYCHOLOGY WITHIN THIS
STATE PURSUANT TO TITLE SEVENTEEN OF THIS ARTICLE OR BY ANY PERSON
LICENSED OR OTHERWISE AUTHORIZED TO PRACTICE SOCIAL WORK WITHIN THIS
STATE PURSUANT TO TITLE EIGHTEEN OF THIS ARTICLE, OR BY ANY PERSON
S. 4007--A 448 A. 3007--A
LICENSED OR OTHERWISE AUTHORIZED TO PRACTICE NURSING AS A REGISTERED
PROFESSIONAL NURSE OR NURSE PRACTITIONER WITHIN THIS STATE PURSUANT TO
TITLE TWELVE OF THIS ARTICLE OR BY ANY PERSON LICENSED OR OTHERWISE
AUTHORIZED TO PRACTICE APPLIED BEHAVIOR ANALYSIS WITHIN THE STATE PURSU-
ANT TO TITLE TWENTY-NINE OF THIS ARTICLE; PROVIDED, HOWEVER, THAT NO
PHYSICIAN, PHYSICIAN'S ASSISTANT, REGISTERED PROFESSIONAL NURSE, NURSE
PRACTITIONER, PSYCHOLOGIST, LICENSED MASTER SOCIAL WORKER, LICENSED
CLINICAL SOCIAL WORKER, LICENSED BEHAVIOR ANALYST OR CERTIFIED BEHAVIOR
ANALYST ASSISTANT MAY USE THE TITLES "LICENSED MENTAL HEALTH COUNSELOR",
"LICENSED MARRIAGE AND FAMILY THERAPIST", "LICENSED CREATIVE ARTS THERA-
PIST", OR "LICENSED PSYCHOANALYST", UNLESS LICENSED UNDER THIS ARTICLE;
2. PROHIBIT OR LIMIT ANY INDIVIDUAL WHO IS CREDENTIALED UNDER ANY LAW,
INCLUDING ATTORNEYS, RAPE CRISIS COUNSELORS, CERTIFIED ALCOHOLISM COUN-
SELORS AND CERTIFIED SUBSTANCE ABUSE COUNSELORS FROM PROVIDING MENTAL
HEALTH SERVICES WITHIN THEIR RESPECTIVE ESTABLISHED AUTHORITIES;
3. PROHIBIT OR LIMIT THE PRACTICE OF A PROFESSION LICENSED PURSUANT TO
THIS TITLE BY A STUDENT, INTERN OR RESIDENT IN, AND AS PART OF, A SUPER-
VISED EDUCATIONAL PROGRAM IN AN INSTITUTION APPROVED BY THE DEPARTMENT;
4. PROHIBIT OR LIMIT THE PROVISION OF PASTORAL COUNSELING SERVICES BY
ANY MEMBER OF THE CLERGY OR CHRISTIAN SCIENCE PRACTITIONER, WITHIN THE
CONTEXT OF HIS OR HER MINISTERIAL CHARGE OR OBLIGATION;
5. PROHIBIT OR LIMIT INDIVIDUALS, CHURCHES, SCHOOLS, TEACHERS, ORGAN-
IZATIONS, OR NOT-FOR-PROFIT BUSINESSES, FROM PROVIDING INSTRUCTION,
ADVICE, SUPPORT, ENCOURAGEMENT, OR INFORMATION TO INDIVIDUALS, FAMILIES,
AND RELATIONAL GROUPS;
6. PROHIBIT OR LIMIT AN OCCUPATIONAL THERAPIST FROM PERFORMING WORK
CONSISTENT WITH TITLE TWENTY OF THIS ARTICLE;
7. PROHIBIT THE PRACTICE OF MENTAL HEALTH COUNSELING, MARRIAGE AND
FAMILY THERAPY, CREATIVE ARTS THERAPY OR PSYCHOANALYSIS, TO THE EXTENT
PERMISSIBLE WITHIN THE SCOPE OF PRACTICE OF SUCH PROFESSIONS, BY ANY
NOT-FOR-PROFIT CORPORATION OR EDUCATION CORPORATION PROVIDING SERVICES
WITHIN THE STATE OF NEW YORK AND OPERATING UNDER A WAIVER PURSUANT TO
SECTION SIXTY-FIVE HUNDRED THREE-A OF THIS TITLE, PROVIDED THAT SUCH
ENTITIES OFFERING MENTAL HEALTH COUNSELING, MARRIAGE AND FAMILY THERAPY,
CREATIVE ARTS THERAPY OR PSYCHOANALYSIS SERVICES SHALL ONLY PROVIDE SUCH
SERVICES THROUGH AN INDIVIDUAL APPROPRIATELY LICENSED OR OTHERWISE
AUTHORIZED TO PROVIDE SUCH SERVICES OR A PROFESSIONAL ENTITY AUTHORIZED
BY LAW TO PROVIDE SUCH SERVICES;
8. A. PREVENT A PERSON WITHOUT A LICENSE FROM: PERFORMING ASSESSMENTS
INCLUDING BUT NOT LIMITED TO BASIC INFORMATION COLLECTION, GATHERING OF
DEMOGRAPHIC DATA, AND INFORMAL OBSERVATIONS, SCREENING AND REFERRAL USED
FOR GENERAL ELIGIBILITY FOR A PROGRAM OR SERVICE AND DETERMINING THE
FUNCTIONAL STATUS OF AN INDIVIDUAL FOR THE PURPOSE OF DETERMINING NEED
FOR SERVICES; ADVISING INDIVIDUALS REGARDING THE APPROPRIATENESS OF
BENEFITS THEY ARE ELIGIBLE FOR; PROVIDING GENERAL ADVICE AND GUIDANCE
AND ASSISTING INDIVIDUALS OR GROUPS WITH DIFFICULT DAY TO DAY PROBLEMS
SUCH AS FINDING EMPLOYMENT, LOCATING SOURCES OF ASSISTANCE, AND ORGANIZ-
ING COMMUNITY GROUPS TO WORK ON A SPECIFIC PROBLEM; PROVIDING PEER
SERVICES; SELECTING FOR SUITABILITY AND PROVIDING SUBSTANCE ABUSE TREAT-
MENT SERVICES OR GROUP RE-ENTRY SERVICES TO INCARCERATED INDIVIDUALS IN
STATE CORRECTIONAL FACILITIES; OR PROVIDING SUBSTANCE ABUSE TREATMENT
SERVICES OR RE-ENTRY SERVICES TO INCARCERATED INDIVIDUALS IN LOCAL
CORRECTIONAL FACILITIES.
B. PREVENT A PERSON WITHOUT A LICENSE FROM CREATING, DEVELOPING OR
IMPLEMENTING A SERVICE PLAN OR RECOVERY PLAN THAT IS NOT A BEHAVIORAL
HEALTH DIAGNOSIS OR TREATMENT PLAN. SUCH SERVICE OR RECOVERY PLANS SHALL
S. 4007--A 449 A. 3007--A
INCLUDE, BUT ARE NOT LIMITED TO, COORDINATING, EVALUATING OR DETERMINING
THE NEED FOR, OR THE PROVISION OF THE FOLLOWING SERVICES: JOB TRAINING
AND EMPLOYABILITY; HOUSING; HOMELESS SERVICES AND SHELTERS FOR HOMELESS
INDIVIDUALS AND FAMILIES; REFUGEE SERVICES; RESIDENTIAL, DAY OR COMMUNI-
TY HABILITATION SERVICES; GENERAL PUBLIC ASSISTANCE; IN HOME SERVICES
AND SUPPORTS OR HOME-DELIVERED MEALS; RECOVERY SUPPORTS; ADULT OR CHILD
PROTECTIVE SERVICES INCLUDING INVESTIGATIONS; DETENTION AS DEFINED IN
SECTION FIVE HUNDRED TWO OF THE EXECUTIVE LAW; PREVENTION AND RESIDEN-
TIAL SERVICES FOR VICTIMS OF DOMESTIC VIOLENCE; SERVICES FOR RUNAWAY AND
HOMELESS YOUTH; FOSTER CARE, ADOPTION, PREVENTIVE SERVICES OR SERVICES
IN ACCORDANCE WITH AN APPROVED PLAN PURSUANT TO SECTION FOUR HUNDRED
FOUR OF THE SOCIAL SERVICES LAW, INCLUDING, ADOPTION AND FOSTER HOME
STUDIES AND ASSESSMENTS, FAMILY SERVICE PLANS, TRANSITION PLANS, PERMAN-
ENCY PLANNING ACTIVITIES, AND CASE PLANNING OR CASE MANAGEMENT AS SUCH
TERMS ARE DEFINED IN THE REGULATIONS OF THE OFFICE OF CHILDREN AND FAMI-
LY SERVICES; RESIDENTIAL REHABILITATION; HOME AND COMMUNITY BASED
SERVICES; AND DE-ESCALATION TECHNIQUES, PEER SERVICES OR SKILL DEVELOP-
MENT.
C. (I) PREVENT A PERSON WITHOUT A LICENSE FROM PARTICIPATING AS A
MEMBER OF A MULTI-DISCIPLINARY TEAM TO ASSIST IN THE DEVELOPMENT OF OR
IMPLEMENTATION OF A BEHAVIORAL HEALTH SERVICES OR TREATMENT PLAN;
PROVIDED THAT SUCH TEAM SHALL INCLUDE ONE OR MORE PROFESSIONALS LICENSED
UNDER THIS TITLE OR TITLES TWO, TWELVE, SEVENTEEN OR EIGHTEEN OF THIS
ARTICLE; AND PROVIDED, FURTHER, THAT THE ACTIVITIES PERFORMED BY MEMBERS
OF THE TEAM SHALL BE CONSISTENT WITH THE SCOPE OF PRACTICE FOR EACH TEAM
MEMBER LICENSED OR AUTHORIZED UNDER THIS ARTICLE, AND THOSE WHO ARE NOT
SO AUTHORIZED MAY NOT ENGAGE IN THE FOLLOWING RESTRICTED PRACTICES: THE
DIAGNOSIS OF MENTAL, EMOTIONAL, BEHAVIORAL, ADDICTIVE AND DEVELOPMENTAL
DISORDERS AND DISABILITIES; PATIENT ASSESSMENT AND EVALUATING; THE
PROVISION OF PSYCHOTHERAPEUTIC TREATMENT; THE PROVISION OF TREATMENT
OTHER THAN PSYCHOTHERAPEUTIC TREATMENT; OR INDEPENDENTLY DEVELOPING AND
IMPLEMENTING ASSESSMENT-BASED TREATMENT PLANS AS DEFINED IN SECTION
SEVENTY-SEVEN HUNDRED ONE OF THIS CHAPTER.
(II) FOR THE PURPOSES OF THIS PARAGRAPH, "ASSIST" SHALL INCLUDE, BUT
NOT BE LIMITED TO, THE PROVISION OR PERFORMANCE OF THE FOLLOWING TASKS,
SERVICES, OR FUNCTIONS BY AN INDIVIDUAL WHO HAS OBTAINED THE TRAINING
AND EXPERIENCE REQUIRED BY THE APPLICABLE STATE OVERSIGHT AGENCY TO
PERFORM SUCH TASK, SERVICE OR FUNCTION IN FACILITIES OR PROGRAMS OPERAT-
ING PURSUANT TO ARTICLE NINETEEN-G OF THE EXECUTIVE LAW; ARTICLES SEVEN,
SIXTEEN, THIRTY-ONE OR THIRTY-TWO OF THE MENTAL HYGIENE LAW; OR TITLE
THREE OF ARTICLE SEVEN OF THE SOCIAL SERVICES LAW:
(A) HELPING AN INDIVIDUAL WITH THE COMPLETION OF FORMS OR QUESTION-
NAIRES;
(B) REVIEWING EXISTING CASE RECORDS AND COLLECTING BACKGROUND INFORMA-
TION ABOUT AN INDIVIDUAL WHICH MAY BE USED BY THE LICENSED PROFESSIONAL
OR MULTI-DISCIPLINARY TEAM;
(C) GATHERING AND REPORTING INFORMATION ABOUT PREVIOUS BEHAVIORAL
HEALTH INTERVENTIONS, HOSPITALIZATIONS, DOCUMENTED DIAGNOSIS, OR PRIOR
TREATMENT FOR REVIEW BY THE LICENSED PROFESSIONAL AND MULTI-DISCIPLINARY
TEAM;
(D) DISCUSSING WITH THE INDIVIDUAL HIS OR HER SITUATION, NEEDS,
CONCERNS, AND THOUGHTS IN ORDER TO HELP IDENTIFY SERVICES THAT SUPPORT
THE INDIVIDUAL'S GOALS, INDEPENDENCE, AND QUALITY OF LIFE;
(E) PROVIDING ADVICE, INFORMATION, AND ASSISTANCE TO INDIVIDUALS AND
FAMILY MEMBERS TO IDENTIFY NEEDS AND AVAILABLE RESOURCES IN THE COMMUNI-
TY TO HELP MEET THE NEEDS OF THE INDIVIDUAL OR FAMILY MEMBER;
S. 4007--A 450 A. 3007--A
(F) ENGAGING IN IMMEDIATE AND LONG-TERM PROBLEM SOLVING, ENGAGING IN
THE DEVELOPMENT OF SOCIAL SKILLS, OR PROVIDING GENERAL HELP IN AREAS
INCLUDING, BUT NOT LIMITED TO, HOUSING, EMPLOYMENT, CHILD CARE, PARENT-
ING, COMMUNITY BASED SERVICES, AND FINANCES;
(G) DISTRIBUTING PAPER COPIES OF SELF-ADMINISTERED TESTS FOR THE INDI-
VIDUAL TO COMPLETE WHEN SUCH TESTS DO NOT REQUIRE THE OBSERVATION AND
JUDGMENT OF A LICENSED PROFESSIONAL;
(H) MONITORING TREATMENT BY THE COLLECTION OF WRITTEN AND/OR OBSERVA-
TIONAL DATA IN ACCORDANCE WITH THE TREATMENT PLAN AND PROVIDING VERBAL
OR WRITTEN REPORTS TO THE MULTI-DISCIPLINARY TEAM;
(I) IDENTIFYING GAPS IN SERVICES AND COORDINATING ACCESS TO OR ARRANG-
ING SERVICES FOR INDIVIDUALS SUCH AS HOME CARE, COMMUNITY BASED
SERVICES, HOUSING, EMPLOYMENT, TRANSPORTATION, CHILD CARE, VOCATIONAL
TRAINING, OR HEALTH CARE;
(J) OFFERING EDUCATION PROGRAMS THAT PROVIDE INFORMATION ABOUT DISEASE
IDENTIFICATION AND RECOMMENDED TREATMENTS THAT MAY BE PROVIDED, AND HOW
TO ACCESS SUCH TREATMENT;
(K) REPORTING ON BEHAVIOR, ACTIONS, AND RESPONSES TO TREATMENT BY
COLLECTING WRITTEN AND/OR OBSERVATIONAL DATA AS PART OF A MULTI-DISCI-
PLINARY TEAM;
(L) USING DE-ESCALATION TECHNIQUES CONSISTENT WITH APPROPRIATE TRAIN-
ING;
(M) PERFORMING ASSESSMENTS USING STANDARDIZED, STRUCTURED INTERVIEW
TOOLS OR INSTRUMENTS;
(N) DIRECTLY DELIVERING SERVICES OUTLINED IN THE SERVICE PLAN THAT ARE
NOT CLINICAL IN NATURE BUT HAVE BEEN TAILORED TO AN INDIVIDUAL BASED ON
ANY DIAGNOSES SUCH INDIVIDUAL MAY HAVE RECEIVED FROM A LICENSED PROFES-
SIONAL; AND
(O) ADVOCATING WITH EDUCATIONAL, JUDICIAL OR OTHER SYSTEMS TO PROTECT
AN INDIVIDUAL'S RIGHTS AND ACCESS TO APPROPRIATE SERVICES.
D. PROVIDED, FURTHER, THAT NOTHING IN THIS SUBDIVISION SHALL BE
CONSTRUED AS REQUIRING A LICENSE FOR ANY PARTICULAR ACTIVITY OR FUNCTION
BASED SOLELY ON THE FACT THAT THE ACTIVITY OR FUNCTION IS NOT LISTED IN
THIS SUBDIVISION.
9. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, NOTHING
IN THIS TITLE SHALL BE CONSTRUED TO PROHIBIT OR LIMIT THE ACTIVITIES OR
SERVICES PROVIDED UNDER THIS TITLE BY ANY PERSON WHO IS EMPLOYED OR WHO
COMMENCES EMPLOYMENT IN A PROGRAM OR SERVICE OPERATED, REGULATED, FUND-
ED, OR APPROVED BY THE DEPARTMENT OF MENTAL HYGIENE, THE OFFICE OF CHIL-
DREN AND FAMILY SERVICES, THE DEPARTMENT OF CORRECTIONS AND COMMUNITY
SUPERVISION, THE OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE, THE
STATE OFFICE FOR THE AGING AND THE DEPARTMENT OR A LOCAL GOVERNMENTAL
UNIT AS THAT TERM IS DEFINED IN SECTION 41.03 OF THE MENTAL HYGIENE LAW
OR A SOCIAL SERVICES DISTRICT AS DEFINED IN SECTION SIXTY-ONE OF THE
SOCIAL SERVICES LAW ON OR BEFORE TWO YEARS FROM THE DATE THAT THE REGU-
LATIONS ISSUED IN ACCORDANCE WITH SECTION SIX OF PART Y OF CHAPTER
FIFTY-SEVEN OF THE LAWS OF TWO THOUSAND EIGHTEEN APPEAR IN THE STATE
REGISTER OR ARE ADOPTED, WHICHEVER IS LATER. SUCH PROHIBITIONS OR LIMI-
TATIONS SHALL NOT APPLY TO SUCH EMPLOYEES FOR AS LONG AS THEY REMAIN
EMPLOYED BY SUCH PROGRAMS OR SERVICES AND WHETHER THEY REMAIN EMPLOYED
BY THE SAME OR OTHER EMPLOYERS PROVIDING SUCH PROGRAMS OR SERVICES.
PROVIDED HOWEVER, THAT ANY PERSON WHO COMMENCES EMPLOYMENT IN SUCH
PROGRAM OR SERVICE AFTER SUCH DATE AND PERFORMS SERVICES THAT ARE
RESTRICTED UNDER THIS TITLE SHALL BE APPROPRIATELY LICENSED OR AUTHOR-
IZED UNDER THIS TITLE. EACH STATE OVERSIGHT AGENCY SHALL CREATE AND
S. 4007--A 451 A. 3007--A
MAINTAIN A PROCESS TO VERIFY EMPLOYMENT HISTORY OF INDIVIDUALS EXEMPT
UNDER THIS SUBDIVISION.
10. THE ACTIVITIES OR SERVICES PROVIDED BY A PERSON WITH A MASTER'S
LEVEL DEGREE REQUIRED FOR LICENSURE PURSUANT TO THIS TITLE, WORKING
UNDER THE SUPERVISION OF A PROFESSIONAL LICENSED PURSUANT TO TITLE
SEVENTEEN OR EIGHTEEN OF THIS ARTICLE IN A PROGRAM OR SERVICE OPERATED,
REGULATED, FUNDED, OR APPROVED BY THE DEPARTMENT OF MENTAL HYGIENE, THE
OFFICE OF CHILDREN AND FAMILY SERVICES, THE DEPARTMENT OF CORRECTIONS
AND COMMUNITY SUPERVISION, THE OFFICE OF TEMPORARY AND DISABILITY
ASSISTANCE, THE STATE OFFICE FOR THE AGING AND THE DEPARTMENT OR A LOCAL
GOVERNMENT UNIT AS THAT TERM IS DEFINED IN SECTION 41.03 OF THE MENTAL
HYGIENE LAW OR A SOCIAL SERVICES DISTRICT AS DEFINED IN SECTION SIXTY-
ONE OF THE SOCIAL SERVICES LAW.
§ 8411. SPECIAL PROVISIONS. 1. THIS SECTION SHALL APPLY TO ALL
PROFESSIONS LICENSED PURSUANT TO THIS TITLE, UNLESS OTHERWISE PROVIDED.
2. ANY NONEXEMPT PERSON PRACTICING A PROFESSION TO BE LICENSED PURSU-
ANT TO THIS TITLE SHALL APPLY FOR A LICENSE OF SAID PROFESSION WITHIN
ONE YEAR OF THE EFFECTIVE DATE OF THE SPECIFIED PROFESSION.
A. IF SUCH PERSON DOES NOT MEET THE REQUIREMENTS FOR A LICENSE ESTAB-
LISHED WITHIN THIS TITLE, SUCH PERSON MAY MEET ALTERNATIVE CRITERIA
DETERMINED BY THE DEPARTMENT TO BE THE SUBSTANTIAL EQUIVALENT OF SUCH
CRITERIA.
B. IF SUCH PERSON MEETS THE REQUIREMENTS FOR A LICENSE ESTABLISHED
WITHIN THIS TITLE, EXCEPT FOR EXAMINATION, AND HAS BEEN CERTIFIED OR
REGISTERED BY A NATIONAL CERTIFYING OR REGISTERING BODY HAVING CERTIF-
ICATION OR REGISTRATION STANDARDS ACCEPTABLE TO THE COMMISSIONER, THE
DEPARTMENT SHALL LICENSE WITHOUT EXAMINATION.
C. IF SUCH PERSON MEETS THE REQUIREMENTS FOR A LICENSE ESTABLISHED
WITHIN THIS TITLE, EXCEPT FOR EXAMINATION, AND THERE EXISTS NO NATIONAL
CERTIFYING OR REGISTERING BODY HAVING CERTIFICATION OR REGISTRATION
STANDARDS ACCEPTABLE TO THE COMMISSIONER, THE DEPARTMENT SHALL LICENSE
WITHOUT EXAMINATION IF THE APPLICANT SUBMITS EVIDENCE SATISFACTORY TO
THE DEPARTMENT OF HAVING BEEN ENGAGED IN THE PRACTICE OF THE SPECIFIED
PROFESSION FOR AT LEAST FIVE OF THE IMMEDIATELY PRECEDING EIGHT YEARS.
3. ANY PERSON LICENSED PURSUANT TO THIS TITLE MAY USE ACCEPTED CLASSI-
FICATIONS OF SIGNS, SYMPTOMS, DYSFUNCTIONS AND DISORDERS, AS APPROVED IN
ACCORDANCE WITH REGULATIONS PROMULGATED BY THE DEPARTMENT, IN THE PRAC-
TICE OF SUCH LICENSED PROFESSION.
§ 8412. MANDATORY CONTINUING EDUCATION. 1. A. EACH LICENSED MENTAL
HEALTH COUNSELOR, MARRIAGE AND FAMILY THERAPIST, PSYCHOANALYST, AND
CREATIVE ARTS THERAPIST REQUIRED UNDER THIS TITLE TO REGISTER TRIENNIAL-
LY WITH THE DEPARTMENT TO PRACTICE IN THIS STATE, SHALL COMPLY WITH THE
PROVISIONS OF MANDATORY CONTINUING EDUCATION REQUIREMENTS PRESCRIBED IN
SUBDIVISION TWO OF THIS SECTION, EXCEPT AS SET FORTH IN PARAGRAPHS B AND
C OF THIS SUBDIVISION. LICENSED MENTAL HEALTH COUNSELORS, MARRIAGE AND
FAMILY THERAPISTS, PSYCHOANALYSTS, AND CREATIVE ARTS THERAPISTS WHO DO
NOT SATISFY THE MANDATORY CONTINUING EDUCATION REQUIREMENTS SHALL NOT
PRACTICE UNTIL THEY HAVE MET SUCH REQUIREMENTS, AND THEY HAVE BEEN
ISSUED A REGISTRATION CERTIFICATE, EXCEPT THAT A LICENSED MENTAL HEALTH
COUNSELOR, MARRIAGE AND FAMILY THERAPIST, PSYCHOANALYST, AND CREATIVE
ARTS THERAPIST MAY PRACTICE WITHOUT HAVING MET SUCH REQUIREMENTS IF HE
OR SHE IS ISSUED A CONDITIONAL REGISTRATION CERTIFICATE PURSUANT TO
SUBDIVISION THREE OF THIS SECTION.
B. EACH LICENSED MENTAL HEALTH COUNSELOR, MARRIAGE AND FAMILY THERA-
PIST, PSYCHOANALYST, AND CREATIVE ARTS THERAPIST SHALL BE EXEMPT FROM
THE MANDATORY CONTINUING EDUCATION REQUIREMENTS FOR THE TRIENNIAL REGIS-
S. 4007--A 452 A. 3007--A
TRATION PERIOD DURING WHICH THEY ARE FIRST LICENSED. IN ACCORDANCE WITH
THE INTENT OF THIS SECTION, ADJUSTMENT TO THE MANDATORY CONTINUING
EDUCATION REQUIREMENT MAY BE GRANTED BY THE DEPARTMENT FOR REASONS OF
HEALTH THAT ARE CERTIFIED BY AN APPROPRIATE HEALTH CARE PROFESSIONAL,
FOR EXTENDED ACTIVE DUTY WITH THE ARMED FORCES OF THE UNITED STATES, OR
FOR OTHER GOOD CAUSE ACCEPTABLE TO THE DEPARTMENT WHICH MAY PREVENT
COMPLIANCE.
C. A LICENSED MENTAL HEALTH COUNSELOR, MARRIAGE AND FAMILY THERAPIST,
PSYCHOANALYST, AND CREATIVE ARTS THERAPIST NOT ENGAGED IN PRACTICE, AS
DETERMINED BY THE DEPARTMENT, SHALL BE EXEMPT FROM THE MANDATORY CONTIN-
UING EDUCATION REQUIREMENT UPON THE FILING OF A STATEMENT WITH THE
DEPARTMENT DECLARING SUCH STATUS. ANY LICENSEE WHO RETURNS TO THE PRAC-
TICE OF MENTAL HEALTH COUNSELING, MARRIAGE AND FAMILY THERAPY, PSYCHO-
ANALYSIS, AND CREATIVE ARTS THERAPY 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 AS A LICENSED MENTAL HEALTH COUNSELOR, MARRIAGE AND FAMILY THER-
APIST, PSYCHOANALYST, AND CREATIVE ARTS THERAPIST SHALL COMPLETE A MINI-
MUM OF THIRTY-SIX HOURS OF ACCEPTABLE FORMAL CONTINUING EDUCATION, A
MAXIMUM OF TWELVE HOURS OF WHICH MAY BE SELF-INSTRUCTIONAL COURSE WORK
ACCEPTABLE TO THE DEPARTMENT. ANY LICENSED MENTAL HEALTH COUNSELOR,
MARRIAGE AND FAMILY THERAPIST, PSYCHOANALYST, AND CREATIVE ARTS THERA-
PIST WHOSE FIRST REGISTRATION DATE FOLLOWING THE EFFECTIVE DATE OF THIS
SECTION OCCURS LESS THAN THREE YEARS FROM SUCH EFFECTIVE DATE, BUT ON OR
AFTER JANUARY FIRST, TWO THOUSAND SEVENTEEN, SHALL COMPLETE CONTINUING
EDUCATION HOURS ON A PRORATED BASIS AT THE RATE OF ONE HOUR PER MONTH
FOR THE PERIOD BEGINNING JANUARY FIRST, TWO THOUSAND SEVENTEEN UP TO THE
FIRST REGISTRATION DATE THEREAFTER. A LICENSEE WHO HAS NOT SATISFIED THE
MANDATORY CONTINUING EDUCATION REQUIREMENT 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 FOR IN SUBDIVISION THREE OF THIS SECTION. CONTINUING EDUCATION
HOURS TAKEN DURING ONE TRIENNIUM MAY NOT BE TRANSFERRED TO THE SUBSE-
QUENT TRIENNIUM.
3. A. THE DEPARTMENT, IN ITS DISCRETION, MAY ISSUE A CONDITIONAL
REGISTRATION 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 COMPLETE 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
SUBMIT EVIDENCE, SATISFACTORY TO THE DEPARTMENT, OF REQUIRED CONTINUING
EDUCATION AND WHO PRACTICES WITHOUT SUCH REGISTRATION MAY BE SUBJECT TO
DISCIPLINARY PROCEEDINGS PURSUANT TO SECTION SIXTY-FIVE HUNDRED TEN OF
THIS ARTICLE.
B. FOR PURPOSES OF THIS SECTION "ACCEPTABLE FORMAL EDUCATION" SHALL
MEAN FORMAL COURSES OF LEARNING WHICH CONTRIBUTE TO PROFESSIONAL PRAC-
TICE IN MENTAL HEALTH COUNSELING, MARRIAGE AND FAMILY THERAPY, PSYCHO-
ANALYSIS, OR CREATIVE ARTS THERAPIES AND WHICH MEET THE STANDARDS
PRESCRIBED BY REGULATIONS OF THE COMMISSIONER. SUCH FORMAL COURSES OF
LEARNING SHALL INCLUDE, BUT NOT BE LIMITED TO, COLLEGIATE LEVEL CREDIT
AND NON-CREDIT COURSES, PROFESSIONAL DEVELOPMENT PROGRAMS AND TECHNICAL
S. 4007--A 453 A. 3007--A
SESSIONS OFFERED BY NATIONAL, STATE AND LOCAL PROFESSIONAL ASSOCIATIONS
AND OTHER ORGANIZATIONS ACCEPTABLE TO THE DEPARTMENT, AND ANY OTHER
ORGANIZED EDUCATIONAL AND TECHNICAL PROGRAMS ACCEPTABLE TO THE DEPART-
MENT. 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 COURSES IN
SPECIFIC SUBJECTS TO FULFILL THIS MANDATORY CONTINUING EDUCATION
REQUIREMENT. LICENSED MENTAL HEALTH COUNSELORS, MARRIAGE AND FAMILY
THERAPISTS, PSYCHOANALYSTS, AND CREATIVE ARTS THERAPISTS SHALL MAINTAIN
ADEQUATE DOCUMENTATION OF COMPLETION OF ACCEPTABLE FORMAL CONTINUING
EDUCATION AND SHALL PROVIDE SUCH DOCUMENTATION AT THE REQUEST OF THE
DEPARTMENT. FAILURE TO PROVIDE SUCH DOCUMENTATION UPON THE REQUEST OF
THE DEPARTMENT SHALL BE AN ACT OF MISCONDUCT SUBJECT TO DISCIPLINARY
PROCEEDINGS PURSUANT TO SECTION SIXTY-FIVE HUNDRED TEN OF THIS ARTICLE.
C. THE MANDATORY CONTINUING EDUCATION FEE SHALL BE DETERMINED BY THE
DEPARTMENT. SUCH FEE SHALL BE PAYABLE ON OR BEFORE THE FIRST DAY OF EACH
TRIENNIAL REGISTRATION PERIOD, AND SHALL BE PAID IN ADDITION TO THE
TRIENNIAL REGISTRATION FEES REQUIRED BY PARAGRAPH G OF SUBDIVISION THREE
OF SECTION EIGHTY-FOUR HUNDRED TWO OF THIS TITLE AND PARAGRAPH G OF
SUBDIVISION THREE OF SECTION EIGHTY-FOUR HUNDRED FIVE OF THIS TITLE.
TITLE 26
RESPIRATORY THERAPISTS AND RESPIRATORY THERAPY TECHNICIANS
SECTION 8500. INTRODUCTION.
8501. DEFINITION OF THE PRACTICE OF RESPIRATORY THERAPY.
8502. PRACTICE OF RESPIRATORY THERAPY AND USE OF THE TITLE
"RESPIRATORY THERAPIST".
8503. STATE BOARD FOR RESPIRATORY THERAPY.
8504. REQUIREMENTS FOR LICENSURE AS A RESPIRATORY THERAPIST.
8504-A. MANDATORY CONTINUING EDUCATION FOR RESPIRATORY THERA-
PISTS.
8505. EXEMPT PERSONS.
8506. LIMITED PERMITS.
8507. SPECIAL PROVISIONS.
8508. DEFINITION OF THE PRACTICE OF RESPIRATORY THERAPY TECH-
NICIAN.
8509. DUTIES OF RESPIRATORY THERAPY TECHNICIANS AND USE OF THE
TITLE "RESPIRATORY THERAPY TECHNICIAN".
8510. REQUIREMENTS FOR LICENSURE AS A RESPIRATORY THERAPY
TECHNICIAN.
8510-A. MANDATORY CONTINUING EDUCATION FOR RESPIRATORY THERAPY
TECHNICIANS.
8511. LIMITED PERMITS.
8512. EXEMPT PERSONS.
8513. SPECIAL PROVISIONS.
§ 8500. INTRODUCTION. THIS TITLE APPLIES TO THE PRACTICE OF RESPIR-
ATORY THERAPY AND PROVIDES FOR THE LICENSING OF RESPIRATORY THERAPISTS
AND RESPIRATORY THERAPY TECHNICIANS. THE GENERAL PROVISIONS FOR ALL
PROFESSIONS CONTAINED IN TITLE ONE OF THIS ARTICLE SHALL APPLY TO THIS
TITLE.
§ 8501. DEFINITION OF THE PRACTICE OF RESPIRATORY THERAPY. THE PRAC-
TICE OF THE PROFESSION OF RESPIRATORY THERAPY, WHICH SHALL BE UNDERTAKEN
PURSUANT TO THE DIRECTION OF A DULY LICENSED PHYSICIAN, IS DEFINED AS
S. 4007--A 454 A. 3007--A
THE PERFORMANCE OF CARDIOPULMONARY EVALUATION, RESPIRATORY THERAPY
TREATMENT TECHNIQUES, AND EDUCATION OF THE PATIENT, FAMILY AND PUBLIC.
1. EVALUATION SHALL INCLUDE THE ACQUISITION, ANALYSIS AND INTERPRETA-
TION OF DATA OBTAINED FROM PHYSIOLOGICAL SPECIMENS, PERFORMING DIAGNOS-
TIC TESTS, STUDIES AND RESEARCH OF THE CARDIOPULMONARY SYSTEM AND NEURO-
PHYSIOLOGICAL STUDIES RELATED TO RESPIRATORY CARE.
2. THERAPY SHALL INCLUDE THE APPLICATION AND MONITORING OF MEDICAL
GASES (EXCLUDING ANESTHETIC GASES) AND ENVIRONMENTAL CONTROL SYSTEMS,
MECHANICAL VENTILATORY SUPPORT, ARTIFICIAL AIRWAY CARE, BRONCHOPULMONARY
HYGIENE, PHARMACOLOGIC AGENTS RELATED TO RESPIRATORY CARE PROCEDURES,
AND CARDIOPULMONARY REHABILITATION RELATED AND LIMITED TO RESPIRATORY
CARE.
3. RESPIRATORY THERAPY SERVICES MAY BE PERFORMED PURSUANT TO A
PRESCRIPTION OF A LICENSED PHYSICIAN OR CERTIFIED NURSE PRACTITIONER.
§ 8502. PRACTICE OF RESPIRATORY THERAPY AND USE OF THE TITLE "RESPIR-
ATORY THERAPIST". 1. ONLY A PERSON LICENSED OR EXEMPT UNDER THIS TITLE
SHALL PRACTICE RESPIRATORY THERAPY OR USE THE TITLE "RESPIRATORY THERA-
PIST".
2. A LICENSED RESPIRATORY THERAPIST MAY SUPERVISE RESPIRATORY THERAPY
TECHNICIANS IN THE PRACTICE OF THEIR PROFESSION IN SUCH CAPACITIES AS
ARE PRESCRIBED BY LAW AND AS FROM TIME TO TIME MAY BE SET BY THE COMMIS-
SIONER.
§ 8503. STATE BOARD FOR RESPIRATORY THERAPY. A STATE BOARD FOR RESPIR-
ATORY THERAPY SHALL BE APPOINTED BY THE RECOMMENDATION OF THE COMMIS-
SIONER FOR THE PURPOSE OF ASSISTING THE DEPARTMENT ON MATTERS OF PROFES-
SIONAL LICENSING AND CONDUCT IN ACCORDANCE WITH SECTION SIXTY-FIVE
HUNDRED EIGHT OF THIS ARTICLE. THE BOARD SHALL BE COMPOSED OF NOT LESS
THAN FIVE LICENSED RESPIRATORY THERAPISTS, TWO LICENSED RESPIRATORY
THERAPY TECHNICIANS, AND FOUR ADDITIONAL MEMBERS WHO SHALL INCLUDE AT
LEAST ONE LICENSED PHYSICIAN AND AT LEAST ONE PUBLIC MEMBER. MEMBERS OF
THE FIRST BOARD WHO ARE RESPIRATORY THERAPY PRACTITIONERS NEED NOT BE
LICENSED PRIOR TO APPOINTMENT ON THE BOARD, PROVIDED, HOWEVER, THAT THE
FIRST APPOINTED RESPIRATORY THERAPISTS SHALL BE REGISTERED BY A NATIONAL
CERTIFYING OR ACCREDITING BOARD, ACCEPTABLE TO THE DEPARTMENT AND THE
FIRST APPOINTED RESPIRATORY THERAPY TECHNICIANS SHALL BE CERTIFIED BY A
NATIONAL CERTIFYING OR ACCREDITING BOARD, ACCEPTABLE TO THE DEPARTMENT.
AN EXECUTIVE SECRETARY TO THE BOARD SHALL BE APPOINTED BY THE COMMIS-
SIONER.
§ 8504. REQUIREMENTS FOR LICENSURE AS A RESPIRATORY THERAPIST. TO
QUALIFY FOR A LICENSE AS A RESPIRATORY THERAPIST, AN APPLICANT SHALL
FULFILL THE FOLLOWING REQUIREMENTS:
1. APPLICATION: FILE AN APPLICATION WITH THE DEPARTMENT;
2. EDUCATION: HAVE RECEIVED AN EDUCATION, INCLUDING COMPLETION OF AN
APPROVED ASSOCIATE DEGREE PROGRAM IN RESPIRATORY THERAPY OR IN A PROGRAM
DETERMINED BY THE DEPARTMENT TO BE THE EQUIVALENT;
3. EXPERIENCE: HAVE EXPERIENCE SATISFACTORY TO THE BOARD AND IN
ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS;
4. EXAMINATION: PASS AN EXAMINATION SATISFACTORY TO THE BOARD AND IN
ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS;
5. AGE: BE AT LEAST EIGHTEEN YEARS OF AGE;
6. CHARACTER: BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE DEPART-
MENT; AND
7. FEES: PAY A FEE OF ONE HUNDRED SEVENTY-FIVE DOLLARS TO THE DEPART-
MENT FOR ADMISSION TO A DEPARTMENT CONDUCTED EXAMINATION AND FOR AN
INITIAL LICENSE; A FEE OF EIGHTY-FIVE DOLLARS FOR EACH RE-EXAMINATION; A
FEE OF ONE HUNDRED FIFTEEN DOLLARS FOR AN INITIAL LICENSE FOR PERSONS
S. 4007--A 455 A. 3007--A
NOT REQUIRING ADMISSION TO A DEPARTMENT CONDUCTED EXAMINATION AND A FEE
OF ONE HUNDRED FIFTY-FIVE DOLLARS FOR EACH TRIENNIAL REGISTRATION PERIOD
COMMENCING ON AND AFTER JUNE FIRST, NINETEEN HUNDRED NINETY-THREE.
§ 8504-A. MANDATORY CONTINUING EDUCATION FOR RESPIRATORY THERAPISTS.
1. A. EACH LICENSED RESPIRATORY THERAPIST REQUIRED UNDER THIS TITLE TO
REGISTER TRIENNIALLY WITH THE DEPARTMENT TO PRACTICE IN THE STATE SHALL
COMPLY WITH PROVISIONS OF THE MANDATORY CONTINUING EDUCATION REQUIRE-
MENTS PRESCRIBED IN SUBDIVISION TWO OF THIS SECTION EXCEPT AS SET FORTH
IN PARAGRAPHS B AND C OF THIS SUBDIVISION. RESPIRATORY THERAPISTS WHO DO
NOT SATISFY THE MANDATORY CONTINUING EDUCATION REQUIREMENT SHALL NOT
PRACTICE UNTIL THEY HAVE MET SUCH REQUIREMENTS, AND HAVE BEEN ISSUED A
REGISTRATION CERTIFICATE, EXCEPT THAT A RESPIRATORY THERAPIST MAY PRAC-
TICE WITHOUT HAVING MET SUCH REQUIREMENTS IF HE OR SHE IS ISSUED A
CONDITIONAL REGISTRATION CERTIFICATE PURSUANT TO SUBDIVISION THREE OF
THIS SECTION.
B. RESPIRATORY THERAPISTS SHALL BE EXEMPT FROM THE MANDATORY CONTINU-
ING EDUCATION REQUIREMENT FOR THE TRIENNIAL REGISTRATION PERIOD DURING
WHICH THEY ARE FIRST LICENSED. IN ACCORD WITH THE INTENT OF THIS
SECTION, ADJUSTMENT TO THE MANDATORY CONTINUING EDUCATION REQUIREMENT
MAY BE GRANTED BY THE DEPARTMENT FOR REASONS OF HEALTH, CERTIFIED BY AN
APPROPRIATE HEALTH CARE PROFESSIONAL, FOR EXTENDED ACTIVE DUTY WITH THE
ARMED FORCES OF THE UNITED STATES, OR FOR OTHER GOOD CAUSE ACCEPTABLE TO
THE DEPARTMENT WHICH MAY PREVENT COMPLIANCE.
C. A LICENSED RESPIRATORY THERAPIST NOT ENGAGED IN PRACTICE AS DETER-
MINED BY THE DEPARTMENT, SHALL BE EXEMPT FROM THE MANDATORY CONTINUING
EDUCATION REQUIREMENT UPON THE FILING OF A STATEMENT WITH THE DEPARTMENT
DECLARING SUCH STATUS. ANY LICENSEE WHO RETURNS TO THEIR RESPECTIVE
PRACTICE AS A RESPIRATORY THERAPIST 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 AS A RESPIRATORY THERAPIST SHALL COMPLETE A MINIMUM OF THIRTY
HOURS OF ACCEPTABLE FORMAL CONTINUING EDUCATION, AS SPECIFIED IN SUBDI-
VISION FOUR OF THIS SECTION, PROVIDED THAT NO MORE THAN FIFTEEN HOURS OF
SUCH CONTINUING EDUCATION SHALL CONSIST OF SELF-STUDY COURSES. ANY
RESPIRATORY THERAPIST WHOSE FIRST REGISTRATION DATE FOLLOWING THE EFFEC-
TIVE DATE OF THIS SECTION OCCURS LESS THAN THREE YEARS FROM SUCH EFFEC-
TIVE DATE, BUT ON OR AFTER JANUARY FIRST, TWO THOUSAND ONE, SHALL
COMPLETE CONTINUING EDUCATION HOURS ON A PRORATED BASIS AT THE RATE OF
FIVE-SIXTHS OF ONE HOUR PER MONTH FOR THE PERIOD BEGINNING JANUARY
FIRST, TWO THOUSAND UP TO THE FIRST REGISTRATION DATE THEREAFTER. A
LICENSEE WHO HAS NOT SATISFIED THE MANDATORY CONTINUING EDUCATION
REQUIREMENTS SHALL NOT BE ISSUED A TRIENNIAL REGISTRATION CERTIFICATE BY
THE DEPARTMENT AND SHALL NOT PRACTICE UNLESS AND UNTIL A CONDITIONAL
REGISTRATION CERTIFICATE IS ISSUED AS PROVIDED FOR IN SUBDIVISION THREE
OF THIS SECTION. WITH THE EXCEPTION OF CONTINUING EDUCATION HOURS
COMPLETED DURING THE REGISTRATION PERIOD IMMEDIATELY PRECEDING THE
EFFECTIVE DATE OF THIS SECTION, CONTINUING EDUCATION HOURS COMPLETED
DURING ONE TRIENNIUM MAY NOT BE 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 COMPLETE 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-
S. 4007--A 456 A. 3007--A
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
SUBMIT EVIDENCE, SATISFACTORY TO THE DEPARTMENT, OF REQUIRED CONTINUING
EDUCATION AND WHO PRACTICES AS A RESPIRATORY THERAPIST WITHOUT SUCH
REGISTRATION, MAY BE SUBJECT TO DISCIPLINARY PROCEEDINGS PURSUANT TO
SECTION SIXTY-FIVE HUNDRED TEN OF THIS ARTICLE.
4. AS USED IN SUBDIVISION TWO OF THIS SECTION, "ACCEPTABLE FORMAL
CONTINUING EDUCATION" FOR RESPIRATORY THERAPY SHALL MEAN FORMAL COURSES
OF LEARNING WHICH CONTRIBUTE TO PROFESSIONAL PRACTICE IN RESPIRATORY
THERAPY AND WHICH MEET THE STANDARDS PRESCRIBED BY 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 COURSES IN SPECIFIC SUBJECTS.
5. RESPIRATORY THERAPISTS SHALL MAINTAIN ADEQUATE DOCUMENTATION OF
COMPLETION OF ACCEPTABLE FORMAL CONTINUING EDUCATION AND SHALL PROVIDE
SUCH DOCUMENTATION AT THE REQUEST OF THE DEPARTMENT.
6. THE MANDATORY CONTINUING EDUCATION FEE FOR RESPIRATORY THERAPISTS
SHALL BE THIRTY DOLLARS, SHALL BE PAYABLE ON OR BEFORE THE FIRST DAY OF
EACH TRIENNIAL REGISTRATION PERIOD, AND SHALL BE PAID IN ADDITION TO THE
TRIENNIAL REGISTRATION FEE REQUIRED BY SECTION EIGHTY-FIVE HUNDRED FOUR
OF THIS TITLE.
§ 8505. EXEMPT PERSONS. THIS TITLE SHALL NOT PROHIBIT:
1. THE PRACTICE OF RESPIRATORY THERAPY AS AN INTEGRAL PART OF A
PROGRAM OF STUDY BY STUDENTS ENROLLED IN APPROVED RESPIRATORY THERAPY
EDUCATION PROGRAMS;
2. THE PERFORMANCE OF ANY OF THE MODALITIES INCLUDED IN THE DEFINITION
OF RESPIRATORY THERAPY BY ANY OTHER DULY LICENSED, CERTIFIED OR REGIS-
TERED HEALTH CARE PROVIDER, PROVIDED THAT SUCH MODALITIES ARE WITHIN THE
SCOPE OF HIS OR HER PRACTICE;
3. UNLICENSED ASSISTANTS FROM BEING EMPLOYED IN A HOSPITAL, AS DEFINED
IN ARTICLE TWENTY-EIGHT OF THIS CHAPTER, FOR PURPOSES OTHER THAN THE
PRACTICE OF RESPIRATORY THERAPY;
4. THE PRACTICE OF RESPIRATORY THERAPY BY ANY LEGALLY QUALIFIED
RESPIRATORY THERAPY PRACTITIONER OF ANY OTHER STATE OR TERRITORY WHO IS
SERVING IN THE ARMED FORCES OR THE PUBLIC HEALTH SERVICE OF THE UNITED
STATES OR WHO IS EMPLOYED BY THE VETERANS' ADMINISTRATION, WHILE ENGAGED
IN THE PERFORMANCE OF HIS OR HER DUTIES.
5. THE PROVISION OF POLYSOMNOGRAPHIC TECHNOLOGY SERVICES, AS DEFINED
BY THE COMMISSIONER, BY AN INDIVIDUAL, UNDER THE DIRECTION AND SUPER-
VISION OF A LICENSED PHYSICIAN, WHO HAS OBTAINED AUTHORIZATION ISSUED BY
THE DEPARTMENT. SUCH AUTHORIZATION SHALL BE ISSUED TO INDIVIDUALS WHO
HAVE MET STANDARDS, INCLUDING THOSE RELATING TO EDUCATION, EXPERIENCE,
EXAMINATION AND CHARACTER, AS PROMULGATED IN REGULATIONS OF THE COMMIS-
SIONER. SUCH AUTHORIZATION SHALL BE SUBJECT TO THE FULL DISCIPLINARY AND
REGULATORY AUTHORITY OF THE DEPARTMENT, PURSUANT TO THIS TITLE, AS IF
SUCH AUTHORIZATION WERE A PROFESSIONAL LICENSE ISSUED UNDER THIS TITLE.
THE APPLICATION FEE FOR SUCH AUTHORIZATION SHALL BE THREE HUNDRED
DOLLARS. EACH AUTHORIZATION HOLDER SHALL REGISTER WITH THE DEPARTMENT
EVERY THREE YEARS AND SHALL PAY A REGISTRATION FEE OF THREE HUNDRED
DOLLARS.
§ 8506. LIMITED PERMITS. PERMITS LIMITED AS TO ELIGIBILITY, PRACTICE
AND DURATION SHALL BE ISSUED BY THE DEPARTMENT TO ELIGIBLE APPLICANTS AS
FOLLOWS:
S. 4007--A 457 A. 3007--A
1. ELIGIBILITY. A PERSON WHO FULFILLS ALL REQUIREMENTS FOR REGISTRA-
TION AS A RESPIRATORY THERAPIST EXCEPT THAT RELATING TO THE EXAMINATION
SHALL BE ELIGIBLE FOR A LIMITED PERMIT.
2. LIMIT OF PRACTICE. ALL PRACTICE UNDER A LIMITED PERMIT SHALL BE
UNDER THE DIRECT SUPERVISION OF A LICENSED RESPIRATORY THERAPIST PHYSI-
CIAN SPECIALIZING IN PULMONARY MEDICINE, AN ANESTHESIOLOGIST OR AN
OTHERWISE LEGALLY AUTHORIZED PHYSICIAN.
3. DURATION. A LIMITED PERMIT SHALL EXPIRE ONE YEAR FROM THE DATE OF
ISSUANCE OR UPON NOTICE TO THE PERMITTEE BY THE DEPARTMENT THAT THE
APPLICATION FOR LICENSURE HAS BEEN DENIED, OR TEN DAYS AFTER NOTIFICA-
TION TO THE PERMITTEE OF FAILURE ON THE PROFESSIONAL LICENSING EXAMINA-
TION, WHICHEVER FIRST OCCURS; PROVIDED, HOWEVER, THAT IF THE PERMITTEE
IS AWAITING THE RESULTS OF A LICENSING EXAMINATION AT THE TIME SUCH
LIMITED PERMIT EXPIRES, SUCH PERMIT SHALL CONTINUE TO BE VALID UNTIL TEN
DAYS AFTER NOTIFICATION TO THE PERMITTEE OF THE RESULT OF SUCH EXAMINA-
TION.
4. FEES. THE FEE FOR EACH LIMITED PERMIT SHALL BE SEVENTY DOLLARS.
§ 8507. SPECIAL PROVISIONS. A PERSON SHALL BE LICENSED WITHOUT EXAM-
INATION PROVIDED THAT, WITHIN ONE YEAR OF THE EFFECTIVE DATE OF THIS
TITLE, THE INDIVIDUAL:
1. FILES AN APPLICATION AND PAYS THE APPROPRIATE FEES TO THE DEPART-
MENT; AND
2. (A) IS REGISTERED BY A NATIONAL CERTIFYING OR ACCREDITING BOARD FOR
RESPIRATORY THERAPY ACCEPTABLE TO THE DEPARTMENT, OR
(B) HAS PRACTICED RESPIRATORY THERAPY IN A HOSPITAL, AS DEFINED IN
ARTICLE TWENTY-EIGHT OF THIS CHAPTER, IN THE STATE FOR NOT LESS THAN
THREE YEARS WITHIN THE LAST FIVE YEARS PRIOR TO THE EFFECTIVE DATE OF
THIS TITLE, OR
(C) HAS MET THE EDUCATIONAL STANDARDS OF A HOSPITAL, AS DEFINED IN
ARTICLE TWENTY-EIGHT OF THIS CHAPTER, OR, IN THE CASE OF A HOSPITAL
OPERATED BY A PUBLIC BENEFIT CORPORATION, HAS MET THE EDUCATIONAL STAND-
ARDS OF SUCH CORPORATION, AND HAS PRACTICED AS A RESPIRATORY THERAPIST
FOR AT LEAST ONE YEAR IN SUCH HOSPITAL.
§ 8508. DEFINITION OF THE PRACTICE OF RESPIRATORY THERAPY TECHNICIAN.
A RESPIRATORY THERAPY TECHNICIAN MEANS A PERSON LICENSED IN ACCORDANCE
WITH THIS TITLE WHO WORKS UNDER THE SUPERVISION OF A LICENSED RESPIR-
ATORY THERAPIST OR A LICENSED OR OTHERWISE LEGALLY AUTHORIZED PHYSICIAN
PERFORMING TASKS AND RESPONSIBILITIES WITHIN THE FRAMEWORK OF THE PRAC-
TICE OF RESPIRATORY THERAPY.
§ 8509. DUTIES OF RESPIRATORY THERAPY TECHNICIANS AND USE OF THE TITLE
"RESPIRATORY THERAPY TECHNICIAN". ONLY A PERSON LICENSED OR OTHERWISE
AUTHORIZED UNDER THIS TITLE SHALL PARTICIPATE IN THE PRACTICE OF RESPIR-
ATORY THERAPY AS A RESPIRATORY THERAPY TECHNICIAN AND ONLY A PERSON
LICENSED UNDER THIS TITLE SHALL USE THE TITLE "RESPIRATORY THERAPY TECH-
NICIAN".
§ 8510. REQUIREMENTS FOR LICENSURE AS A RESPIRATORY THERAPY TECHNI-
CIAN. TO QUALIFY FOR A LICENSE AS A RESPIRATORY THERAPY TECHNICIAN AN
APPLICANT SHALL FULFILL THE FOLLOWING REQUIREMENTS:
1. APPLICATION: FILE AN APPLICATION WITH THE DEPARTMENT;
2. EDUCATION: HAVE RECEIVED AN EDUCATION INCLUDING COMPLETION OF HIGH
SCHOOL OR ITS EQUIVALENT AND HAVE COMPLETED AN APPROVED ONE-YEAR CERTIF-
ICATE RESPIRATORY THERAPY EDUCATION PROGRAM, OR A PROGRAM DETERMINED
EQUIVALENT, IN ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS;
3. EXPERIENCE: HAVE EXPERIENCE SATISFACTORY TO THE BOARD AND IN
ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS;
S. 4007--A 458 A. 3007--A
4. EXAMINATION: PASS AN EXAMINATION SATISFACTORY TO THE BOARD AND IN
ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS;
5. AGE: BE AT LEAST EIGHTEEN YEARS OF AGE;
6. CHARACTER: BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE DEPART-
MENT; AND
7. FEES: PAY A FEE OF NINETY DOLLARS TO THE DEPARTMENT FOR ADMISSION
TO A DEPARTMENT CONDUCTED EXAMINATION AND FOR AN INITIAL LICENSE; A FEE
OF SIXTY DOLLARS FOR EACH RE-EXAMINATION; A FEE OF FIFTY DOLLARS FOR AN
INITIAL LICENSE FOR PERSONS NOT REQUIRING ADMISSION TO A DEPARTMENT
CONDUCTED EXAMINATION AND A FEE OF NINETY DOLLARS FOR EACH TRIENNIAL
REGISTRATION PERIOD COMMENCING ON AND AFTER JUNE FIRST, NINETEEN HUNDRED
NINETY-THREE.
§ 8510-A. MANDATORY CONTINUING EDUCATION FOR RESPIRATORY THERAPY TECH-
NICIANS. 1. A. EACH LICENSED RESPIRATORY THERAPY TECHNICIAN REQUIRED
UNDER THIS TITLE TO REGISTER TRIENNIALLY WITH THE DEPARTMENT TO PRACTICE
IN THE STATE SHALL COMPLY WITH PROVISIONS OF THE MANDATORY CONTINUING
EDUCATION REQUIREMENTS PRESCRIBED IN SUBDIVISION TWO OF THIS SECTION
EXCEPT AS SET FORTH IN PARAGRAPHS B AND C OF THIS SUBDIVISION. RESPIR-
ATORY THERAPY TECHNICIANS WHO DO NOT SATISFY THE MANDATORY CONTINUING
EDUCATION REQUIREMENT SHALL NOT PRACTICE UNTIL THEY HAVE MET SUCH
REQUIREMENTS, AND HAVE BEEN ISSUED A REGISTRATION CERTIFICATE, EXCEPT
THAT A RESPIRATORY THERAPY TECHNICIAN MAY PRACTICE WITHOUT HAVING MET
SUCH REQUIREMENTS IF HE OR SHE IS ISSUED A CONDITIONAL REGISTRATION
CERTIFICATE PURSUANT TO SUBDIVISION THREE OF THIS SECTION.
B. RESPIRATORY THERAPY TECHNICIANS 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, ADJUSTMENT TO THE MANDATORY CONTINUING EDUCATION REQUIREMENT
MAY BE GRANTED BY THE DEPARTMENT FOR REASONS OF HEALTH, CERTIFIED BY AN
APPROPRIATE HEALTH CARE PROFESSIONAL, FOR EXTENDED ACTIVE DUTY WITH THE
ARMED FORCES OF THE UNITED STATES, OR FOR OTHER GOOD CAUSE ACCEPTABLE TO
THE DEPARTMENT WHICH MAY PREVENT COMPLIANCE.
C. A LICENSED RESPIRATORY THERAPY TECHNICIAN NOT ENGAGED IN PRACTICE
AS DETERMINED BY THE DEPARTMENT, SHALL BE EXEMPT FROM THE MANDATORY
CONTINUING EDUCATION REQUIREMENT UPON THE FILING OF A STATEMENT WITH THE
DEPARTMENT DECLARING SUCH STATUS. ANY LICENSEE WHO RETURNS TO THEIR
RESPECTIVE PRACTICE AS A RESPIRATORY THERAPY TECHNICIAN DURING THE
TRIENNIAL REGISTRATION PERIOD SHALL NOTIFY THE DEPARTMENT PRIOR TO REEN-
TERING THE PROFESSION AND SHALL MEET SUCH MANDATORY EDUCATION REQUIRE-
MENTS AS SHALL BE PRESCRIBED BY REGULATIONS OF THE COMMISSIONER.
2. DURING EACH TRIENNIAL REGISTRATION PERIOD AN APPLICANT FOR REGIS-
TRATION AS A RESPIRATORY THERAPY TECHNICIAN SHALL COMPLETE A MINIMUM OF
TWENTY-FOUR HOURS OF ACCEPTABLE FORMAL CONTINUING EDUCATION, AS SPECI-
FIED IN SUBDIVISION FOUR OF THIS SECTION, PROVIDED THAT NO MORE THAN
TWELVE HOURS OF SUCH CONTINUING EDUCATION SHALL CONSIST OF SELF-STUDY
COURSES. ANY RESPIRATORY THERAPY TECHNICIAN WHOSE FIRST REGISTRATION
DATE FOLLOWING THE EFFECTIVE DATE OF THIS SECTION OCCURS LESS THAN THREE
YEARS FROM SUCH EFFECTIVE DATE, BUT ON OR AFTER JANUARY FIRST, TWO THOU-
SAND ONE, SHALL COMPLETE CONTINUING EDUCATION HOURS ON A PRORATED BASIS
AT THE RATE OF TWO-THIRDS OF ONE HOUR PER MONTH FOR THE PERIOD BEGINNING
JANUARY FIRST, TWO THOUSAND UP TO THE FIRST REGISTRATION DATE THEREAFT-
ER. A LICENSEE WHO HAS NOT SATISFIED THE MANDATORY CONTINUING EDUCATION
REQUIREMENTS SHALL NOT BE ISSUED A TRIENNIAL REGISTRATION CERTIFICATE BY
THE DEPARTMENT AND SHALL NOT PRACTICE UNLESS AND UNTIL A CONDITIONAL
REGISTRATION CERTIFICATE IS ISSUED AS PROVIDED FOR IN SUBDIVISION THREE
OF THIS SECTION. WITH THE EXCEPTION OF CONTINUING EDUCATION HOURS TAKEN
S. 4007--A 459 A. 3007--A
DURING THE REGISTRATION PERIOD IMMEDIATELY PRECEDING THE EFFECTIVE DATE
OF THIS SECTION, CONTINUING EDUCATION HOURS COMPLETED DURING ONE TRIEN-
NIUM MAY NOT BE 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 COMPLETE 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
SUBMIT EVIDENCE, SATISFACTORY TO THE DEPARTMENT, OF REQUIRED CONTINUING
EDUCATION AND WHO PRACTICES AS A RESPIRATORY THERAPY TECHNICIAN WITHOUT
SUCH REGISTRATION, MAY BE SUBJECT TO THE DISCIPLINARY PROCEEDINGS PURSU-
ANT TO SECTION SIXTY-FIVE HUNDRED TEN OF THIS ARTICLE.
4. AS USED IN SUBDIVISION TWO OF THIS SECTION, "ACCEPTABLE FORMAL
CONTINUING EDUCATION" FOR RESPIRATORY THERAPY TECHNICIANS SHALL MEAN
FORMAL COURSES OF LEARNING WHICH CONTRIBUTE TO PROFESSIONAL PRACTICE AS
A RESPIRATORY THERAPY TECHNICIAN AND WHICH MEET THE STANDARDS PRESCRIBED
BY 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 COURSES IN
SPECIFIC SUBJECTS.
5. RESPIRATORY THERAPY TECHNICIANS SHALL MAINTAIN ADEQUATE DOCUMENTA-
TION OF COMPLETION OF ACCEPTABLE FORMAL CONTINUING EDUCATION AND SHALL
PROVIDE SUCH DOCUMENTATION AT THE REQUEST OF THE DEPARTMENT.
6. THE MANDATORY CONTINUING EDUCATION FEE FOR RESPIRATORY THERAPY
TECHNICIANS SHALL BE TWENTY-FIVE DOLLARS, SHALL BE PAYABLE ON OR BEFORE
THE FIRST DAY OF EACH TRIENNIAL REGISTRATION PERIOD, AND SHALL BE PAID
IN ADDITION TO THE TRIENNIAL REGISTRATION FEE REQUIRED BY SECTION EIGHT-
Y-FIVE HUNDRED TEN OF THIS TITLE.
§ 8511. LIMITED PERMITS. 1. ELIGIBILITY. THE DEPARTMENT MAY ISSUE A
LIMITED PERMIT TO AN APPLICANT FOR RESPIRATORY THERAPY TECHNICIAN WHO
MEETS ALL REQUIREMENTS FOR ADMISSION TO THE LICENSING EXAMINATION.
2. LIMIT OF PRACTICE. ALL PRACTICE UNDER A LIMITED PERMIT SHALL BE
UNDER THE DIRECT SUPERVISION OF A LICENSED RESPIRATORY THERAPIST OR A
LICENSED OR OTHERWISE LEGALLY AUTHORIZED PHYSICIAN.
3. DURATION. A LIMITED PERMIT SHALL EXPIRE ONE YEAR FROM THE DATE OF
ISSUANCE OR UPON NOTICE TO THE PERMITTEE BY THE DEPARTMENT THAT THE
APPLICATION FOR REGISTRATION HAS BEEN DENIED, OR TEN DAYS AFTER NOTIFI-
CATION TO THE PERMITTEE OF FAILURE ON THE PROFESSIONAL LICENSING EXAM-
INATION, WHICHEVER FIRST OCCURS; PROVIDED, HOWEVER, THAT IF THE PERMIT-
TEE IS AWAITING THE RESULTS OF A LICENSING EXAMINATION AT THE TIME SUCH
LIMITED PERMIT EXPIRES, SUCH PERMIT SHALL CONTINUE TO BE VALID UNTIL TEN
DAYS AFTER NOTIFICATION TO THE PERMITTEE OF THE RESULT OF SUCH EXAMINA-
TION.
4. FEES. THE FEE FOR EACH LIMITED PERMIT SHALL BE FIFTY DOLLARS.
§ 8512. EXEMPT PERSONS. THIS TITLE SHALL NOT PROHIBIT:
1. A RESPIRATORY THERAPY STUDENT OR A RESPIRATORY THERAPY TECHNICIAN
STUDENT FROM ENGAGING IN CLINICAL ASSISTANCE UNDER THE SUPERVISION OF A
LICENSED RESPIRATORY THERAPIST OR A LICENSED OR OTHERWISE LEGALLY
AUTHORIZED PHYSICIAN AS AN INTEGRAL PART OF A PROGRAM OF STUDY BY
STUDENTS ENROLLED IN AN APPROVED RESPIRATORY THERAPY TECHNICIAN PROGRAM
OR IN A CLINICAL FACILITY OR HEALTH CARE AGENCY AFFILIATED WITH THE
PROGRAM FOR RESPIRATORY THERAPY TECHNICIANS; OR
S. 4007--A 460 A. 3007--A
2. THE PERFORMANCE OF ANY OF THE TASKS OR RESPONSIBILITIES INCLUDED IN
THE DEFINITION OF RESPIRATORY THERAPY TECHNICIAN BY ANY OTHER DULY
LICENSED, CERTIFIED OR REGISTERED HEALTH CARE PROVIDER, PROVIDED THAT
SUCH TASKS OR RESPONSIBILITIES ARE WITHIN THE SCOPE OF HIS OR HER PRAC-
TICE; OR
3. UNLICENSED ASSISTANTS FROM BEING EMPLOYED IN A HOSPITAL, AS DEFINED
IN ARTICLE TWENTY-EIGHT OF THIS CHAPTER, FOR PURPOSES OTHER THAN THE
PRACTICE OF RESPIRATORY THERAPY TECHNICIAN; OR
4. THE PRACTICE OF RESPIRATORY THERAPY BY ANY LEGALLY QUALIFIED
RESPIRATORY THERAPY PRACTITIONER OF ANY OTHER STATE OR TERRITORY WHO IS
SERVING IN THE ARMED FORCES OR THE PUBLIC HEALTH SERVICE OF THE UNITED
STATES OR WHO IS EMPLOYED BY THE VETERANS' ADMINISTRATION, WHILE ENGAGED
IN THE PERFORMANCE OF HIS OR HER DUTIES.
§ 8513. SPECIAL PROVISIONS. A PERSON SHALL BE LICENSED WITHOUT EXAM-
INATION PROVIDED THAT, WITHIN ONE YEAR OF THE EFFECTIVE DATE OF THIS
TITLE, THE INDIVIDUAL:
1. FILES AN APPLICATION AND PAYS THE APPROPRIATE FEES TO THE DEPART-
MENT; AND
2. A. IS CERTIFIED BY A NATIONAL CERTIFYING OR ACCREDITING BOARD FOR
RESPIRATORY THERAPY TECHNICIANS ACCEPTABLE TO THE DEPARTMENT, OR
B. HAS PRACTICED AS A RESPIRATORY THERAPY TECHNICIAN IN A HOSPITAL, AS
DEFINED IN ARTICLE TWENTY-EIGHT OF THIS CHAPTER, IN THE STATE FOR NOT
LESS THAN TWO YEARS WITHIN THE LAST FIVE YEARS, OR
C. HAS MET THE EDUCATIONAL STANDARDS OF A HOSPITAL, AS DEFINED IN
ARTICLE TWENTY-EIGHT OF THIS CHAPTER, OR, IN THE CASE OF A HOSPITAL
OPERATED BY A PUBLIC BENEFIT CORPORATION, HAS MET THE EDUCATIONAL STAND-
ARDS OF SUCH CORPORATION, AND HAS PRACTICED AS A RESPIRATORY THERAPY
TECHNICIAN FOR AT LEAST ONE YEAR IN SUCH HOSPITAL.
TITLE 27
CLINICAL LABORATORY TECHNOLOGY PRACTICE ACT
SECTION 8600. INTRODUCTION.
8601. DEFINITION OF THE PRACTICE OF CLINICAL LABORATORY TECH-
NOLOGY AND CLINICAL LABORATORY TECHNOLOGY PRACTITION-
ER.
8602. PRACTICE OF CLINICAL LABORATORY TECHNOLOGY AND CYTOTECH-
NOLOGY AND USE OF THE TITLES "LICENSED CLINICAL LABO-
RATORY TECHNOLOGIST" AND "LICENSED CYTOTECHNOLOGIST".
8603. PRACTICE AS A CLINICAL LABORATORY TECHNICIAN AND HISTO-
LOGICAL TECHNICIAN AND THE USE OF THE TITLES "CLINICAL
LABORATORY TECHNICIAN" AND "HISTOLOGICAL TECHNICIAN".
8604. STATE BOARD FOR CLINICAL LABORATORY TECHNOLOGY.
8605. REQUIREMENTS FOR A LICENSE AS A CLINICAL LABORATORY
TECHNOLOGIST OR CYTOTECHNOLOGIST.
8606. REQUIREMENTS FOR CERTIFICATION AS A CLINICAL LABORATORY
TECHNICIAN.
8606-A. REQUIREMENTS FOR CERTIFICATION AS A HISTOLOGICAL TECHNI-
CIAN.
8607. SPECIAL PROVISIONS.
8608. LIMITED AND PROVISIONAL PERMITS.
8609. EXEMPT PERSONS.
8610. RESTRICTED CLINICAL LABORATORY LICENSES.
§ 8600. INTRODUCTION. THIS TITLE DEFINES THE PRACTICE OF CLINICAL
LABORATORY TECHNOLOGY AND PROVIDES FOR THE LICENSING OF CLINICAL LABORA-
TORY TECHNOLOGISTS AND CYTOTECHNOLOGISTS AND FOR THE CERTIFICATION OF
CLINICAL LABORATORY TECHNICIANS AND HISTOLOGICAL TECHNICIANS. THE GENER-
S. 4007--A 461 A. 3007--A
AL PROVISIONS FOR ALL PROFESSIONS CONTAINED IN TITLE ONE OF THIS ARTICLE
SHALL APPLY TO THIS TITLE.
§ 8601. DEFINITION OF THE PRACTICE OF CLINICAL LABORATORY TECHNOLOGY
AND CLINICAL LABORATORY TECHNOLOGY PRACTITIONER. 1. "CLINICAL LABORATORY
TECHNOLOGY" MEANS THE PERFORMANCE OF MICROBIOLOGICAL, VIROLOGICAL, SERO-
LOGICAL, CHEMICAL, IMMUNOHEMATOLOGICAL, HEMATOLOGICAL, BIOPHYSICAL,
CYTOGENETICAL, CYTOLOGICAL OR HISTOLOGICAL PROCEDURES AND EXAMINATIONS
AND ANY OTHER TEST OR PROCEDURE CONDUCTED BY A LABORATORY AS DEFINED BY
TITLE FIVE OF ARTICLE FIVE OF THIS CHAPTER, ON MATERIAL DERIVED FROM THE
HUMAN BODY WHICH PROVIDES INFORMATION FOR THE DIAGNOSIS, PREVENTION OR
TREATMENT OF A DISEASE OR ASSESSMENT OF A HUMAN MEDICAL CONDITION.
2. A "CLINICAL LABORATORY TECHNOLOGY PRACTITIONER" MEANS CLINICAL
LABORATORY TECHNOLOGISTS, CYTOTECHNOLOGISTS, CLINICAL LABORATORY TECHNI-
CIANS, AND HISTOLOGICAL TECHNICIANS AS SUCH TERMS ARE DEFINED IN THIS
SUBDIVISION, WHO PRACTICE CLINICAL LABORATORY TECHNOLOGY IN A LICENSED
CLINICAL LABORATORY. FOR THE PURPOSES OF THIS TITLE, A LICENSED CLIN-
ICAL LABORATORY DOES NOT INCLUDE A LABORATORY OPERATED BY ANY LICENSED
PHYSICIAN, DENTIST, PODIATRIST, MIDWIFE OR CERTIFIED NURSE PRACTITIONER
WHO PERFORMS LABORATORY TESTS OR PROCEDURES, PERSONALLY OR THROUGH HIS
OR HER EMPLOYEES, SOLELY AS AN ADJUNCT TO THE TREATMENT OF HIS OR HER
OWN PATIENTS.
A. "CLINICAL LABORATORY TECHNOLOGIST" MEANS A CLINICAL LABORATORY
PRACTITIONER WHO, PURSUANT TO ESTABLISHED AND APPROVED PROTOCOLS OF THE
DEPARTMENT OF HEALTH, PERFORMS CLINICAL LABORATORY PROCEDURES AND EXAM-
INATIONS AND ANY OTHER TESTS OR PROCEDURES CONDUCTED BY A CLINICAL LABO-
RATORY, INCLUDING MAINTAINING EQUIPMENT AND RECORDS, AND PERFORMING
QUALITY ASSURANCE ACTIVITIES RELATED TO EXAMINATION PERFORMANCE, AND
WHICH REQUIRE THE EXERCISE OF INDEPENDENT JUDGMENT AND RESPONSIBILITY,
AS DETERMINED BY THE DEPARTMENT.
B. "CYTOTECHNOLOGIST" MEANS A CLINICAL LABORATORY PRACTITIONER WHO,
PURSUANT TO ESTABLISHED AND APPROVED PROTOCOLS OF THE DEPARTMENT,
PERFORMS CYTOLOGICAL PROCEDURES AND EXAMINATIONS AND ANY OTHER SUCH
TESTS INCLUDING MAINTAINING EQUIPMENT AND RECORDS AND PERFORMING QUALITY
ASSURANCE ACTIVITIES RELATED TO EXAMINATION PERFORMANCE, AND WHICH
REQUIRE THE EXERCISE OF INDEPENDENT JUDGMENT AND RESPONSIBILITY, AS
DETERMINED BY THE DEPARTMENT.
C. "CLINICAL LABORATORY TECHNICIAN" MEANS A CLINICAL LABORATORY PRAC-
TITIONER WHO PERFORMS CLINICAL LABORATORY PROCEDURES AND EXAMINATIONS
PURSUANT TO ESTABLISHED AND APPROVED PROTOCOLS OF THE DEPARTMENT, WHICH
REQUIRE LIMITED EXERCISE OF INDEPENDENT JUDGMENT AND WHICH ARE PERFORMED
UNDER THE SUPERVISION OF A CLINICAL LABORATORY TECHNOLOGIST, LABORATORY
SUPERVISOR, OR DIRECTOR OF A CLINICAL LABORATORY.
D. "HISTOLOGICAL TECHNICIAN" MEANS A CLINICAL LABORATORY PRACTITIONER
WHO PURSUANT TO ESTABLISHED AND APPROVED PROTOCOLS OF THE DEPARTMENT
PERFORMS SLIDE BASED HISTOLOGICAL ASSAYS, TESTS, AND PROCEDURES AND ANY
OTHER SUCH TESTS CONDUCTED BY A CLINICAL HISTOLOGY LABORATORY, INCLUDING
MAINTAINING EQUIPMENT AND RECORDS AND PERFORMING QUALITY ASSURANCE
ACTIVITIES RELATING TO PROCEDURE PERFORMANCE ON HISTOLOGICAL TESTING OF
HUMAN TISSUES AND WHICH REQUIRES LIMITED EXERCISE OF INDEPENDENT JUDG-
MENT AND IS PERFORMED UNDER THE SUPERVISION OF A LABORATORY SUPERVISOR,
DESIGNATED BY THE DIRECTOR OF A CLINICAL LABORATORY OR UNDER THE SUPER-
VISION OF THE DIRECTOR OF THE CLINICAL LABORATORY.
E. "DIRECTOR OF A CLINICAL LABORATORY" MEANS A DIRECTOR AS THAT TERM
IS DEFINED IN SECTION FIVE HUNDRED SEVENTY-ONE OF THIS CHAPTER.
F. "LABORATORY SUPERVISOR" MEANS AN INDIVIDUAL WHO, UNDER THE GENERAL
DIRECTION OF THE LABORATORY DIRECTOR, SUPERVISES TECHNICAL PERSONNEL AND
S. 4007--A 462 A. 3007--A
REPORTING OF FINDINGS, PERFORMS TESTS REQUIRING SPECIAL SCIENTIFIC
SKILLS, AND, IN THE ABSENCE OF THE DIRECTOR, IS RESPONSIBLE FOR THE
PROPER PERFORMANCE OF ALL LABORATORY PROCEDURES.
§ 8602. PRACTICE OF CLINICAL LABORATORY TECHNOLOGY AND CYTOTECHNOLOGY
AND USE OF THE TITLES "LICENSED CLINICAL LABORATORY TECHNOLOGIST" AND
"LICENSED CYTOTECHNOLOGIST". NO PERSON SHALL PRACTICE CLINICAL LABORATO-
RY TECHNOLOGY OR HOLD HIMSELF OR HERSELF OUT AS A CLINICAL LABORATORY
TECHNOLOGIST OR A CYTOTECHNOLOGIST IN THIS STATE UNLESS HE OR SHE IS
LICENSED OR EXEMPT PURSUANT TO THIS TITLE.
§ 8603. PRACTICE AS A CLINICAL LABORATORY TECHNICIAN AND HISTOLOGICAL
TECHNICIAN AND THE USE OF THE TITLES "CLINICAL LABORATORY TECHNICIAN"
AND "HISTOLOGICAL TECHNICIAN". NO PERSON SHALL PRACTICE AS A CLINICAL
LABORATORY TECHNICIAN OR AS A HISTOLOGICAL TECHNICIAN OR HOLD HIMSELF OR
HERSELF OUT AS A CLINICAL LABORATORY TECHNICIAN OR A HISTOLOGICAL TECH-
NICIAN IN THIS STATE UNLESS HE OR SHE IS CERTIFIED OR EXEMPT PURSUANT TO
THIS TITLE, PROVIDED THAT AN INDIVIDUAL LICENSED AS A CLINICAL LABORATO-
RY TECHNOLOGIST, CYTOTECHNOLOGIST, OR CLINICAL LABORATORY TECHNICIAN MAY
PRACTICE THE PROFESSION OF HISTOLOGICAL TECHNICIAN.
§ 8604. STATE BOARD FOR CLINICAL LABORATORY TECHNOLOGY. A STATE BOARD
FOR CLINICAL LABORATORY TECHNOLOGY SHALL BE APPOINTED BY THE COMMISSION-
ER FOR THE PURPOSE OF ASSISTING THE DEPARTMENT ON MATTERS OF PROFES-
SIONAL LICENSING AND PROFESSIONAL CONDUCT IN ACCORDANCE WITH SECTION
SIXTY-FIVE HUNDRED EIGHT OF THIS ARTICLE. THE BOARD SHALL BE COMPOSED OF
TWELVE MEMBERS, FOUR OF WHOM SHALL BE LICENSED CLINICAL LABORATORY TECH-
NOLOGISTS, TWO OF WHOM SHALL BE LICENSED CYTOTECHNOLOGISTS, ONE OF WHOM
SHALL BE A CERTIFIED CLINICAL LABORATORY TECHNICIAN, ONE OF WHOM SHALL
BE A CERTIFIED HISTOLOGICAL TECHNICIAN, TWO MEMBERS OF THE PUBLIC, ONE
REPRESENTATIVE OF THE DIAGNOSTIC/MANUFACTURING INDUSTRY, AND ONE DIREC-
TOR OF A CLINICAL LABORATORY WHO SHALL BE A PHYSICIAN. AN EXECUTIVE
SECRETARY TO THE BOARD SHALL BE APPOINTED BY THE COMMISSIONER. THE CLIN-
ICAL LABORATORY PRACTITIONER MEMBERS OF THE INITIAL BOARD NEED NOT BE
LICENSED PRIOR TO THEIR APPOINTMENT BUT SHALL HAVE MET ALL OTHER
REQUIREMENTS OF LICENSING EXCEPT THE FILING OF AN APPLICATION, THE PASS-
ING OF A SATISFACTORY EXAM AND PAYING A FEE.
§ 8605. REQUIREMENTS FOR A LICENSE AS A CLINICAL LABORATORY TECHNOLO-
GIST OR CYTOTECHNOLOGIST. TO QUALIFY FOR A LICENSE AS A CLINICAL LABORA-
TORY TECHNOLOGY PRACTITIONER UNDER ONE OF THE TITLES DEFINED IN SUBDIVI-
SION TWO OF SECTION EIGHTY-SIX HUNDRED ONE OF THIS TITLE, AN APPLICANT
SHALL FULFILL THE PARTICULAR REQUIREMENTS OF A SUBDIVISION OF THIS
SECTION APPLICABLE TO THE LICENSE AND TITLE SOUGHT BY THE APPLICANT:
1. LICENSURE AS A CLINICAL LABORATORY TECHNOLOGIST.
A. APPLICATION: FILE AN APPLICATION WITH THE DEPARTMENT;
B. EDUCATION: HAVE RECEIVED AN EDUCATION, INCLUDING A BACHELOR'S
DEGREE IN CLINICAL LABORATORY TECHNOLOGY FROM A PROGRAM REGISTERED BY
THE DEPARTMENT OR DETERMINED BY THE DEPARTMENT TO BE THE SUBSTANTIAL
EQUIVALENT, OR HAVE RECEIVED A BACHELOR'S DEGREE THAT INCLUDES A MINIMUM
NUMBER OF CREDIT HOURS IN THE SCIENCES AND RECEIVED APPROPRIATE CLINICAL
EDUCATION IN AN ACCREDITED CLINICAL LABORATORY TECHNOLOGY PROGRAM OR A
PROGRAM TO BE DETERMINED BY THE DEPARTMENT TO BE THE SUBSTANTIAL EQUIV-
ALENT;
C. EXAMINATION: PASS AN EXAMINATION SATISFACTORY TO THE BOARD AND IN
ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS;
D. AGE: BE AT LEAST EIGHTEEN YEARS OF AGE;
E. CHARACTER: BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE DEPART-
MENT; AND
S. 4007--A 463 A. 3007--A
F. FEES: PAY A FEE OF ONE HUNDRED SEVENTY-FIVE DOLLARS FOR AN INITIAL
LICENSE AND A FEE OF ONE HUNDRED SEVENTY DOLLARS FOR EACH TRIENNIAL
REGISTRATION PERIOD.
2. LICENSURE AS A CYTOTECHNOLOGIST.
A. APPLICATION: FILE AN APPLICATION WITH THE DEPARTMENT;
B. EDUCATION: HAVE RECEIVED AN EDUCATION, INCLUDING A BACHELOR'S
DEGREE IN CYTOTECHNOLOGY FROM A PROGRAM REGISTERED BY THE DEPARTMENT OR
DETERMINED BY THE DEPARTMENT TO BE THE SUBSTANTIAL EQUIVALENT, OR HAVE
RECEIVED A BACHELOR'S DEGREE THAT INCLUDES A MINIMUM NUMBER OF CREDIT
HOURS IN THE SCIENCES AND RECEIVED APPROPRIATE CLINICAL EDUCATION IN AN
ACCREDITED CYTOTECHNOLOGY PROGRAM OR A PROGRAM DETERMINED BY THE DEPART-
MENT TO BE THE SUBSTANTIAL EQUIVALENT;
C. EXAMINATION: PASS AN EXAMINATION ACCEPTABLE TO THE BOARD AND IN
ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS;
D. AGE: BE AT LEAST EIGHTEEN YEARS OF AGE;
E. CHARACTER: BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE DEPART-
MENT; AND
F. FEES: PAY A FEE OF ONE HUNDRED SEVENTY-FIVE DOLLARS FOR AN INITIAL
LICENSE AND A FEE OF ONE HUNDRED SEVENTY DOLLARS FOR EACH TRIENNIAL
REGISTRATION PERIOD.
§ 8606. REQUIREMENTS FOR CERTIFICATION AS A CLINICAL LABORATORY TECH-
NICIAN. FOR CERTIFICATION AS A CLINICAL LABORATORY TECHNICIAN UNDER THIS
TITLE, AN APPLICANT SHALL FULFILL THE FOLLOWING REQUIREMENTS:
1. APPLICATION: FILE AN APPLICATION WITH THE DEPARTMENT;
2. EDUCATION: HAVE RECEIVED AN EDUCATION, INCLUDING AN ASSOCIATE'S
DEGREE FROM AN APPROVED CLINICAL LABORATORY TECHNICIAN PROGRAM REGIS-
TERED BY THE DEPARTMENT OR DETERMINED BY THE DEPARTMENT TO BE THE
SUBSTANTIAL EQUIVALENT;
3. EXAMINATION: PASS AN EXAMINATION SATISFACTORY TO THE BOARD AND IN
ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS;
4. AGE: BE AT LEAST EIGHTEEN YEARS OF AGE;
5. CHARACTER: BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE DEPART-
MENT; AND
6. FEES: PAY A FEE OF ONE HUNDRED TWENTY-FIVE DOLLARS FOR AN INITIAL
CERTIFICATION AND A FEE OF ONE HUNDRED TWENTY DOLLARS FOR EACH TRIENNIAL
REGISTRATION PERIOD.
§ 8606-A. REQUIREMENTS FOR CERTIFICATION AS A HISTOLOGICAL TECHNICIAN.
FOR CERTIFICATION AS A HISTOLOGICAL TECHNICIAN UNDER THIS TITLE, AN
APPLICANT SHALL FULFILL THE FOLLOWING REQUIREMENTS:
1. APPLICATION: FILE AN APPLICATION WITH THE DEPARTMENT;
2. EDUCATION: HAVE RECEIVED AN EDUCATION, INCLUDING AN ASSOCIATE'S
DEGREE FROM AN APPROVED HISTOLOGICAL TECHNICIAN PROGRAM REGISTERED BY
THE DEPARTMENT OR DETERMINED BY THE DEPARTMENT TO BE THE SUBSTANTIAL
EQUIVALENT, OR HAVE RECEIVED AN ASSOCIATE'S DEGREE THAT INCLUDES A MINI-
MUM NUMBER OF CREDIT HOURS IN THE SCIENCES AND RECEIVED APPROPRIATE
CLINICAL EDUCATION IN A HISTOLOGICAL TECHNICIAN PROGRAM APPROVED BY THE
DEPARTMENT OR A PROGRAM TO BE DETERMINED BY THE DEPARTMENT TO BE THE
SUBSTANTIAL EQUIVALENT;
3. EXAMINATION: PASS AN EXAMINATION SATISFACTORY TO THE BOARD AND IN
ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS;
4. AGE: BE AT LEAST EIGHTEEN YEARS OF AGE;
5. CHARACTER: BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE DEPART-
MENT; AND
6. FEES: PAY A FEE OF ONE HUNDRED TWENTY-FIVE DOLLARS FOR AN INITIAL
CERTIFICATION AND A FEE OF ONE HUNDRED TWENTY DOLLARS FOR EACH TRIENNIAL
REGISTRATION PERIOD.
S. 4007--A 464 A. 3007--A
§ 8607. SPECIAL PROVISIONS. 1. NOTWITHSTANDING THE REQUIREMENTS OF
SECTIONS EIGHTY-SIX HUNDRED FIVE AND EIGHTY-SIX HUNDRED SIX OF THIS
TITLE, AND UNTIL JULY FIRST, TWO THOUSAND NINE, AN INDIVIDUAL MAY BE
LICENSED AS A CLINICAL LABORATORY TECHNOLOGY PRACTITIONER, AS DEFINED IN
SECTION EIGHTY-SIX HUNDRED ONE OF THIS TITLE, PROVIDED THAT AN INDIVID-
UAL MAY BE LICENSED PURSUANT TO SUBPARAGRAPH (VI) OF PARAGRAPH A OR
SUBPARAGRAPH (III) OF PARAGRAPH B OF THIS SUBDIVISION UNTIL DECEMBER
THIRTY-FIRST, TWO THOUSAND THIRTEEN PROVIDED SUCH PERSON:
A. IN THE CASE OF CLINICAL LABORATORY TECHNOLOGIST, HAS EITHER:
(I) MET THE EDUCATIONAL REQUIREMENTS FOR CLINICAL LABORATORY TECHNOLO-
GIST AS DEFINED IN SECTION EIGHTY-SIX HUNDRED FIVE OF THIS TITLE AND HAS
BEEN PERFORMING THE DUTIES OF A CLINICAL LABORATORY TECHNOLOGIST FOR TWO
OF THE PAST FIVE YEARS PRIOR TO DECEMBER THIRTY-FIRST, TWO THOUSAND
SEVEN; OR COMPLETED AN APPROVED BACCALAUREATE DEGREE PROGRAM IN BIOLOG-
ICAL, CHEMICAL OR PHYSICAL SCIENCES FROM AN ACCREDITED COLLEGE OR
UNIVERSITY AND HAS BEEN PERFORMING THE DUTIES OF A CLINICAL LABORATORY
TECHNOLOGIST FOR TWO OF THE PAST FIVE YEARS PRIOR TO DECEMBER THIRTY-
FIRST, TWO THOUSAND SEVEN;
(II) BEEN ENGAGED FULL-TIME IN THE EDUCATION OF CLINICAL LABORATORY
PRACTITIONERS FOR THE EQUIVALENT OF TWO OF THE PAST FIVE YEARS PRIOR TO
DECEMBER THIRTY-FIRST, TWO THOUSAND SEVEN;
(III) PERFORMED THE DUTIES OF A CLINICAL LABORATORY TECHNOLOGIST FOR
AT LEAST FIVE YEARS PRIOR TO DECEMBER THIRTY-FIRST, TWO THOUSAND SEVEN
AS VERIFIED BY A DIRECTOR OF A CLINICAL LABORATORY;
(IV) BECOME PREVIOUSLY QUALIFIED UNDER OTHER REGULATORY REQUIREMENTS
FOR THAT LICENSE OR ITS EQUIVALENT;
(V) BECOME A CURRENTLY CERTIFIED CLINICAL LABORATORY TECHNICIAN WITH A
BACHELOR'S DEGREE FROM AN ACCREDITED COLLEGE THAT INCLUDES A MINIMUM
NUMBER OF CREDIT HOURS IN THE SCIENCES AND FOUR YEARS OF DOCUMENTED WORK
EXPERIENCE AS A CLINICAL LABORATORY TECHNICIAN, ACCEPTABLE TO THE
DEPARTMENT; OR
(VI) BECOME QUALIFIED TO PERFORM THE DUTIES OF A CLINICAL LABORATORY
TECHNOLOGIST IN A CLINICAL LABORATORY OPERATED IN ACCORDANCE WITH TITLE
FIVE OF ARTICLE FIVE OF THIS CHAPTER AND THE REGULATIONS PROMULGATED
THEREUNDER, AND COMPETENTLY PERFORMED THE DUTIES OF A CLINICAL LABORATO-
RY TECHNOLOGIST IN A CLINICAL LABORATORY FOR A PERIOD OF NOT LESS THAN
SIX MONTHS IN THE THREE YEARS IMMEDIATELY PRECEDING DECEMBER THIRTY-
FIRST, TWO THOUSAND SEVEN AS VERIFIED BY A DIRECTOR OF THE CLINICAL
LABORATORY.
B. IN THE CASE OF A CLINICAL LABORATORY TECHNICIAN, HAS EITHER:
(I) MET THE EDUCATIONAL REQUIREMENTS OF A CLINICAL LABORATORY TECHNI-
CIAN AS DEFINED IN SECTION EIGHTY-SIX HUNDRED SIX OF THIS TITLE AND
PERFORMED THE DUTIES OF A CLINICAL LABORATORY TECHNICIAN FOR TWO OF THE
PAST FIVE YEARS PRIOR TO DECEMBER THIRTY-FIRST, TWO THOUSAND SEVEN;
(II) PERFORMED THE DUTIES OF A CLINICAL LABORATORY TECHNICIAN FOR AT
LEAST FIVE YEARS PRIOR TO DECEMBER THIRTY-FIRST, TWO THOUSAND SEVEN OR
HAS PREVIOUSLY QUALIFIED UNDER OTHER REGULATORY REQUIREMENTS FOR SUCH A
CERTIFICATION OR SUCH CERTIFICATION'S EQUIVALENT; OR
(III) BECOME QUALIFIED TO PERFORM THE DUTIES OF A CLINICAL LABORATORY
TECHNICIAN IN A CLINICAL LABORATORY OPERATED IN ACCORDANCE WITH TITLE
FIVE OF ARTICLE FIVE OF THIS CHAPTER AND THE REGULATIONS PROMULGATED
THEREUNDER, AND COMPETENTLY PERFORMED THE DUTIES OF A CLINICAL LABORATO-
RY TECHNICIAN IN A CLINICAL LABORATORY FOR A PERIOD OF NOT LESS THAN SIX
MONTHS IN THE THREE YEARS IMMEDIATELY PRECEDING DECEMBER THIRTY-FIRST,
TWO THOUSAND SEVEN AS VERIFIED BY A DIRECTOR OF THE CLINICAL LABORATORY.
C. IN THE CASE OF CYTOTECHNOLOGIST, HAS EITHER:
S. 4007--A 465 A. 3007--A
(I) MET THE EDUCATIONAL REQUIREMENTS OF A CYTOTECHNOLOGIST AS DEFINED
IN SECTION EIGHTY-SIX HUNDRED FIVE OF THIS TITLE AND PERFORMED THE
DUTIES OF A CYTOTECHNOLOGIST FOR TWO OF THE PREVIOUS FIVE YEARS PRIOR TO
DECEMBER THIRTY-FIRST, TWO THOUSAND SEVEN;
(II) PERFORMED THE DUTIES OF A CYTOTECHNOLOGIST FOR AT LEAST FIVE
YEARS PRIOR TO DECEMBER THIRTY-FIRST, TWO THOUSAND SEVEN AS VERIFIED BY
A DIRECTOR OF A CLINICAL LABORATORY; OR
(III) HAS PREVIOUSLY QUALIFIED UNDER OTHER REGULATORY REQUIREMENTS FOR
SUCH A LICENSE OR SUCH LICENSE'S EQUIVALENT.
D. IN THE CASE OF A HISTOLOGICAL TECHNICIAN, HAS EITHER:
(I) MET THE EDUCATIONAL REQUIREMENTS OF A HISTOLOGICAL TECHNICIAN AS
DEFINED IN SECTION EIGHTY-SIX HUNDRED SIX-A OF THIS TITLE AND PERFORMED
THE DUTIES OF A HISTOLOGICAL TECHNICIAN FOR TWO OF THE PAST FIVE YEARS
PRIOR TO DECEMBER THIRTY-FIRST, TWO THOUSAND SEVEN;
(II) PERFORMED THE DUTIES OF A HISTOLOGICAL TECHNICIAN FOR AT LEAST
FIVE YEARS PRIOR TO DECEMBER THIRTY-FIRST, TWO THOUSAND SEVEN OR HAS
PREVIOUSLY QUALIFIED UNDER OTHER REGULATORY REQUIREMENTS FOR SUCH A
CERTIFICATION OR SUCH CERTIFICATION'S EQUIVALENT; OR
(III) BECOME QUALIFIED TO PERFORM THE DUTIES OF A HISTOLOGICAL TECHNI-
CIAN IN A CLINICAL LABORATORY OPERATED IN ACCORDANCE WITH TITLE FIVE OF
ARTICLE FIVE OF THIS CHAPTER AND THE REGULATIONS PROMULGATED THEREUNDER,
AND COMPETENTLY PERFORMED THE DUTIES OF A HISTOLOGICAL TECHNICIAN IN A
CLINICAL LABORATORY FOR A PERIOD OF NOT LESS THAN SIX MONTHS IN THE
THREE YEARS IMMEDIATELY PRECEDING DECEMBER THIRTY-FIRST, TWO THOUSAND
SEVEN AS VERIFIED BY A DIRECTOR OF THE CLINICAL LABORATORY.
2. FOR THE PURPOSES OF SUBDIVISION ONE OF THIS SECTION, IT SHALL BE
DETERMINED THAT THE FILING OF AN APPLICATION WITH THE DEPARTMENT ON OR
BEFORE JANUARY FIRST, TWO THOUSAND NINE SHALL QUALIFY FOR PURPOSES OF
SUCH SUBDIVISION, REGARDLESS OF THE TIME PERIOD REQUIRED FOR PROCESSING
SUCH APPLICATION, PROVIDED THAT AN APPLICATION FOR LICENSURE PURSUANT TO
SUBPARAGRAPH (VI) OF PARAGRAPH A, SUBPARAGRAPH (III) OF PARAGRAPH B, OR
SUBPARAGRAPH (III) OR PARAGRAPH D OF SUBDIVISION ONE OF THIS SECTION
SHALL BE SUBMITTED ON OR BEFORE SEPTEMBER FIRST, TWO THOUSAND THIRTEEN.
3. THE COMMISSIONER MAY ADOPT SUCH REGULATIONS AS APPROPRIATE TO
LICENSE OR CERTIFY INDIVIDUALS WHO HOLD VALID LICENSES, CERTIFICATIONS
OR THEIR EQUIVALENT IN ANOTHER STATE OR COUNTRY, PROVIDED THE STANDARDS
FOR GRANTING LICENSES OR CERTIFICATIONS TO SUCH INDIVIDUALS ARE NOT LESS
THAN THE STANDARDS REQUIRED OF PERSONS OTHERWISE LICENSED OR CERTIFIED
PURSUANT TO THIS TITLE.
§ 8608. LIMITED AND PROVISIONAL PERMITS. 1. LIMITED PERMIT. ON THE
RECOMMENDATION OF THE BOARD, THE DEPARTMENT MAY ISSUE A LIMITED PERMIT
TO PRACTICE AS A CLINICAL LABORATORY PRACTITIONER TO AN APPLICANT WHO
HAS MET ALL REQUIREMENTS FOR LICENSURE AS A CLINICAL LABORATORY TECHNOL-
OGIST OR CYTOTECHNOLOGIST OR CERTIFICATION AS A CLINICAL LABORATORY
TECHNICIAN OR HISTOLOGICAL TECHNICIAN, EXCEPT THOSE RELATING TO THE
EXAMINATION AND PROVIDED THAT THE INDIVIDUAL IS UNDER THE GENERAL SUPER-
VISION OF THE DIRECTOR OF A CLINICAL LABORATORY, AS DETERMINED BY THE
DEPARTMENT. THIS LIMITED PERMIT SHALL BE VALID FOR A PERIOD OF NOT MORE
THAN ONE YEAR, AND MAY BE RENEWED, AT THE DISCRETION OF THE DEPARTMENT,
FOR ONE ADDITIONAL YEAR.
2. PROVISIONAL PERMIT. (A) ON THE RECOMMENDATION OF THE BOARD, THE
DEPARTMENT MAY ISSUE A PROVISIONAL PERMIT TO PRACTICE AS A CLINICAL
LABORATORY PRACTITIONER TO AN APPLICANT WHO IS EMPLOYED IN A CLINICAL
LABORATORY FOR THE PURPOSE OF ENABLING THE APPLICANT TO COMPLETE THE
EDUCATION REQUIREMENTS AND/OR TO PASS THE EXAM REQUIRED FOR LICENSURE AS
A CLINICAL LABORATORY TECHNOLOGIST OR HISTOLOGICAL TECHNICIAN AND
S. 4007--A 466 A. 3007--A
PROVIDED THAT THE INDIVIDUAL IS UNDER THE GENERAL SUPERVISION OF THE
DIRECTOR OF A CLINICAL LABORATORY, AS DETERMINED BY THE DEPARTMENT, AND
PROVIDED FURTHER THAT THE APPLICANT MEETS THE REQUIREMENTS OUTLINED IN
PARAGRAPH B OF THIS SUBDIVISION. THIS PROVISIONAL PERMIT SHALL BE VALID
FOR A PERIOD OF NOT MORE THAN ONE YEAR, AND MAY BE RENEWED, AT THE
DISCRETION OF THE DEPARTMENT, FOR ONE ADDITIONAL YEAR.
B. TO QUALIFY FOR A PROVISIONAL PERMIT, THE APPLICANT SHALL:
(I) FILE AN APPLICATION WITH THE DEPARTMENT;
(II) HAVE AT LEAST ONE OF THE FOLLOWING ENUMERATED QUALIFICATIONS:
(A) BE LICENSED AS A CLINICAL LABORATORY TECHNOLOGIST, OR THE EQUIV-
ALENT AS DETERMINED BY THE DEPARTMENT, IN ANOTHER JURISDICTION OR
POSSESS A CURRENT CERTIFICATION IN A CLINICAL LABORATORY TECHNOLOGY FROM
A NATIONAL CERTIFICATION ORGANIZATION ACCEPTABLE TO THE DEPARTMENT; OR
(B) HAVE RECEIVED BOTH AN EDUCATION, INCLUDING A BACHELOR'S DEGREE IN
THE BIOLOGICAL, CHEMICAL, OR PHYSICAL SCIENCES, AND TRAINING IN A CLIN-
ICAL LABORATORY, PROVIDED THAT SUCH EDUCATION AND TRAINING ARE ACCEPTA-
BLE TO THE DEPARTMENT; OR
(C) HAVE RECEIVED A BACHELOR'S DEGREE IN THE BIOLOGICAL, CHEMICAL, OR
PHYSICAL SCIENCES OR IN MATHEMATICS, AND HAVE SERVED AS A RESEARCH
ASSISTANT IN A RESEARCH LABORATORY, UNDER THE DIRECTION OF THE DIRECTOR
OR THE PRINCIPAL RESEARCHER OF SUCH RESEARCH LABORATORY, WORKING ON THE
RESEARCH AND DEVELOPMENT OF ANY PROCEDURES AND EXAMINATIONS TO BE
CONDUCTED BY A LABORATORY, AS DEFINED IN TITLE FIVE OF ARTICLE FIVE OF
THIS CHAPTER, ON MATERIAL DERIVED FROM THE HUMAN BODY WHICH PROVIDES
INFORMATION FOR THE DIAGNOSIS, PREVENTION OR TREATMENT OF A DISEASE OR
ASSESSMENT OF A HUMAN MEDICAL CONDITION; OR
(D) FOR THOSE SEEKING A PROVISIONAL PERMIT AS A HISTOLOGICAL TECHNI-
CIAN, HAVE RECEIVED AN EDUCATION, INCLUDING AN ASSOCIATE'S DEGREE THAT
INCLUDES A MINIMUM NUMBER OF CREDIT HOURS IN THE SCIENCES, PROVIDED THAT
SUCH EDUCATION IS ACCEPTABLE TO THE DEPARTMENT;
(III) BE AT LEAST EIGHTEEN YEARS OF AGE;
(IV) BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE DEPARTMENT; AND
(V) PAY A FEE OF THREE HUNDRED FORTY-FIVE DOLLARS FOR A PROVISIONAL
PERMIT PROVIDED THAT THE FEE FOR A PROVISIONAL PERMIT AS A HISTOLOGICAL
TECHNICIAN SHALL BE TWO HUNDRED FORTY-FIVE DOLLARS.
(C) EACH PROVISIONAL PERMIT SHALL BE SUBJECT TO THE DISCIPLINARY
PROVISIONS APPLICABLE TO LICENSEES PURSUANT TO SUBTITLE THREE OF TITLE
ONE OF THIS ARTICLE.
3. THE COMMISSIONER IS AUTHORIZED TO ADOPT SUCH RULES AND REGULATIONS
AS MAY BE NECESSARY TO IMPLEMENT THE PROVISIONS OF THIS SECTION.
§ 8609. EXEMPT PERSONS. THIS TITLE SHALL NOT BE CONSTRUED TO APPLY TO:
1. THE PRACTICE, CONDUCT, ACTIVITIES, OR SERVICES BY ANY PERSON
LICENSED OR OTHERWISE AUTHORIZED TO PRACTICE MEDICINE WITHIN THE STATE
PURSUANT TO TITLE FOUR OF THIS ARTICLE, OR BY ANY PERSON REGISTERED TO
PERFORM SERVICES AS A PHYSICIAN ASSISTANT OR SPECIALIST ASSISTANT WITHIN
THE STATE PURSUANT TO TITLE FOUR OF THIS ARTICLE, OR BY ANY PERSON
LICENSED TO PRACTICE DENTISTRY WITHIN THE STATE PURSUANT TO TITLE SEVEN
OF THIS ARTICLE OR BY ANY PERSON LICENSED TO PRACTICE PODIATRY WITHIN
THE STATE PURSUANT TO TITLE FOURTEEN OF THIS ARTICLE OR BY ANY PERSON
CERTIFIED AS A NURSE PRACTITIONER WITHIN THE STATE PURSUANT TO TITLE
TWELVE OF THIS ARTICLE OR BY ANY PERSON LICENSED TO PERFORM SERVICES AS
A RESPIRATORY THERAPIST OR RESPIRATORY THERAPY TECHNICIAN UNDER TITLE
TWENTY-SIX OF THIS ARTICLE OR ANY PERSON LICENSED TO PRACTICE MIDWIFERY
WITHIN THE STATE PURSUANT TO TITLE THIRTEEN OF THIS ARTICLE OR A PERSON
LICENSED TO PRACTICE NURSING PURSUANT TO TITLE TWELVE OF THIS ARTICLE,
OR A PERSON LICENSED TO PRACTICE PURSUANT TO ARTICLE THIRTY-FIVE OF THIS
S. 4007--A 467 A. 3007--A
CHAPTER; PROVIDED, HOWEVER, THAT NO SUCH PERSON SHALL USE THE TITLES
LICENSED LABORATORY TECHNOLOGIST, CYTOTECHNOLOGIST, OR CERTIFIED LABORA-
TORY TECHNICIAN, UNLESS LICENSED OR CERTIFIED UNDER THIS TITLE; OR
2. CLINICAL LABORATORY TECHNOLOGY PRACTITIONERS EMPLOYED BY THE UNITED
STATES GOVERNMENT OR ANY BUREAU, DIVISION, OR AGENCY THEREOF, WHILE IN
THE DISCHARGE OF THE EMPLOYEE'S OFFICIAL DUTIES; OR
3. CLINICAL LABORATORY TECHNOLOGY PRACTITIONERS EMPLOYED BY THE NEW
YORK STATE DEPARTMENT OF HEALTH WADSWORTH CENTER LABORATORY OR THE NEW
YORK CITY DEPARTMENT OF HEALTH AND MENTAL HYGIENE PUBLIC HEALTH LABORA-
TORY, WHILE IN THE DISCHARGE OF THE EMPLOYEE'S OFFICIAL DUTIES; OR
4. CLINICAL LABORATORY TECHNOLOGY PRACTITIONERS ENGAGED IN TEACHING OR
RESEARCH, PROVIDED THAT THE RESULTS OF ANY EXAMINATION PERFORMED ARE NOT
USED IN HEALTH MAINTENANCE, DIAGNOSIS OR TREATMENT OF DISEASE AND ARE
NOT ADDED TO THE PATIENT'S PERMANENT RECORD; OR
5. STUDENTS OR TRAINEES ENROLLED IN APPROVED CLINICAL LABORATORY
SCIENCE OR TECHNOLOGY EDUCATION PROGRAMS OR TRAINING PROGRAMS DESCRIBED
IN SUBPARAGRAPH (III) OF PARAGRAPH C OF SUBDIVISION ONE OF SECTION
EIGHTY-SIX HUNDRED TEN OF THIS TITLE PROVIDED THAT THESE ACTIVITIES
CONSTITUTE A PART OF A PLANNED COURSE IN THE PROGRAM, THAT THE PERSONS
ARE DESIGNATED BY A TITLE SUCH AS INTERN, TRAINEE, FELLOW OR STUDENT,
AND THE PERSONS WORK DIRECTLY UNDER THE SUPERVISION OF AN INDIVIDUAL
LICENSED OR EXEMPT PURSUANT TO SUBDIVISION ONE, TWO, FOUR OR EIGHT OF
THIS SECTION; OR
6. PERSONS EMPLOYED BY A CLINICAL LABORATORY TO PERFORM SUPPORTIVE
FUNCTIONS NOT RELATED TO THE DIRECT PERFORMANCE OF LABORATORY PROCEDURES
OR EXAMINATIONS; OR
7. PERSONS WHO ARE WORKING IN FACILITIES REGISTERED PURSUANT TO
SECTION FIVE HUNDRED SEVENTY-NINE OF THIS CHAPTER AND ONLY PERFORM
WAIVED TESTS AS DEFINED IN SECTION FIVE HUNDRED SEVENTY-ONE OF THIS
CHAPTER PURSUANT TO SUCH REGISTRATION; OR
8. A DIRECTOR OF A CLINICAL LABORATORY HOLDING A VALID CERTIFICATE OF
QUALIFICATION PURSUANT TO SECTION FIVE HUNDRED SEVENTY-THREE OF THIS
CHAPTER.
§ 8610. RESTRICTED CLINICAL LABORATORY LICENSES. 1. RESTRICTED CLIN-
ICAL LABORATORY LICENSE.
A. THE DEPARTMENT MAY ISSUE A RESTRICTED LICENSE PURSUANT TO WHICH THE
RESTRICTED LICENSEE MAY RECEIVE A CERTIFICATE TO PERFORM CERTAIN EXAM-
INATIONS AND PROCEDURES WITHIN THE DEFINITION OF CLINICAL LABORATORY
TECHNOLOGY SET FORTH IN SUBDIVISION ONE OF SECTION EIGHTY-SIX HUNDRED
ONE OF THIS TITLE, PROVIDED THAT SUCH A RESTRICTED LICENSEE MAY PERFORM
EXAMINATIONS AND PROCEDURES ONLY IN THOSE OF THE FOLLOWING AREAS WHICH
ARE SPECIFICALLY LISTED IN HIS OR HER CERTIFICATE: HISTOCOMPATIBILITY,
CYTOGENETICS, STEM CELL PROCESS, FLOW CYTOMETRY/CELLULAR IMMUNOLOGY AND
MOLECULAR DIAGNOSIS TO THE EXTENT SUCH MOLECULAR DIAGNOSIS IS INCLUDED
IN GENETIC TESTING-MOLECULAR AND MOLECULAR ONCOLOGY, AND TOXICOLOGY
(UNDER PARAGRAPH B-1 OF THIS SUBDIVISION).
B. NOTWITHSTANDING PARAGRAPH A OF THIS SUBDIVISION, RESTRICTED LICEN-
SEES EMPLOYED AT NATIONAL CANCER INSTITUTE DESIGNATED CANCER CENTERS OR
AT TEACHING HOSPITALS THAT ARE ELIGIBLE FOR DISTRIBUTIONS PURSUANT TO
PARAGRAPH (C) OF SUBDIVISION THREE OF SECTION TWENTY-EIGHT HUNDRED
SEVEN-M OF THIS CHAPTER MAY RECEIVE A CERTIFICATE THAT ALSO INCLUDES THE
PRACTICE OF MOLECULAR DIAGNOSIS INCLUDING BUT NOT LIMITED TO GENETIC
TESTING-MOLECULAR AND MOLECULAR ONCOLOGY, AND RESTRICTED LICENSEES
EMPLOYED AT NATIONAL CANCER INSTITUTE DESIGNATED CANCER CENTERS MAY
RECEIVE A CERTIFICATE THAT INCLUDES THE USE OF MASS SPECTROMETRY OR ANY
TESTS AND PROCEDURES ACCEPTABLE TO THE COMMISSIONER, IN CONSULTATION
S. 4007--A 468 A. 3007--A
WITH THE COMMISSIONER, IN THE FIELD OF PROTEOMICS, PROVIDED THAT SUCH
CERTIFICATE HOLDERS MAY PRACTICE IN SUCH ADDITIONAL AREAS ONLY AT SUCH
CENTERS, TEACHING HOSPITALS OR OTHER SITES AS MAY BE DESIGNATED BY THE
COMMISSIONER.
B-1. ONLY INDIVIDUALS EMPLOYED IN A NEW YORK STATE DEPARTMENT OF
HEALTH AUTHORIZED TOXICOLOGY LABORATORY, OPERATING UNDER THE DIRECTION
OF A CLINICAL LABORATORY DIRECTOR, MAY OBTAIN A CERTIFICATE IN TOXICOLO-
GY.
C. TO QUALIFY FOR A RESTRICTED LICENSE, AN APPLICANT SHALL:
(I) FILE AN APPLICATION WITH THE DEPARTMENT;
(II) HAVE RECEIVED AN EDUCATION, INCLUDING A BACHELOR'S DEGREE IN THE
BIOLOGICAL, CHEMICAL, OR PHYSICAL SCIENCES OR IN MATHEMATICS FROM A
PROGRAM REGISTERED BY THE DEPARTMENT OR DETERMINED BY THE DEPARTMENT TO
BE THE SUBSTANTIAL EQUIVALENT;
(III) HAVE COMPLETED A TRAINING PROGRAM WITH A PLANNED SEQUENCE OF
SUPERVISED EMPLOYMENT OR ENGAGEMENT IN ACTIVITIES APPROPRIATE FOR THE
AREA OF CERTIFICATION, WHICH TRAINING PROGRAM IS SATISFACTORY TO THE
DEPARTMENT IN QUALITY, BREADTH, SCOPE AND NATURE AND IS PROVIDED BY AN
ENTITY THAT SHALL BE RESPONSIBLE FOR THE SERVICES PROVIDED. THE TRAINING
PROGRAM SHALL BE DESCRIBED AND ATTESTED TO BY THE CLINICAL DIRECTOR OF
THE LABORATORY IN WHICH IT IS LOCATED PRIOR TO THE BEGINNING OF THE
PROGRAM. THE DURATION OF THE TRAINING PROGRAM SHALL BE ONE YEAR OF FULL-
TIME TRAINING IN THE SPECIFIC AREAS IN WHICH THE APPLICANT IS SEEKING
CERTIFICATION OR THE PART-TIME EQUIVALENT THEREOF, AS DETERMINED BY THE
DEPARTMENT, AND THE SUCCESSFUL COMPLETION OF SUCH PROGRAM SHALL BE
CERTIFIED BY A LABORATORY DIRECTOR WHO IS RESPONSIBLE FOR OVERSEEING
SUCH PROGRAM;
(IV) BE AT LEAST EIGHTEEN YEARS OF AGE;
(V) BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE DEPARTMENT; AND
(VI) PAY A FEE OF ONE HUNDRED SEVENTY-FIVE DOLLARS FOR AN INITIAL
RESTRICTED LICENSE AND A FEE OF ONE HUNDRED SEVENTY DOLLARS FOR EACH
TRIENNIAL REGISTRATION PERIOD.
D. EACH RESTRICTED LICENSEE SHALL REGISTER WITH THE DEPARTMENT AS
REQUIRED OF LICENSEES PURSUANT TO SECTION SIXTY-FIVE HUNDRED TWO OF THIS
ARTICLE AND SHALL BE SUBJECT TO THE DISCIPLINARY PROVISIONS APPLICABLE
TO LICENSEES PURSUANT TO SUBTITLE THREE OF TITLE ONE OF THIS ARTICLE.
2. THE COMMISSIONER IS AUTHORIZED TO ADOPT SUCH RULES AND REGULATIONS
AS MAY BE NECESSARY TO IMPLEMENT THE PROVISIONS OF THIS SECTION.
3. NOTHING IN THIS SECTION SHALL RESTRICT A CLINICAL LABORATORY PRAC-
TITIONER, AS DEFINED IN SUBDIVISION TWO OF SECTION EIGHTY-SIX HUNDRED
ONE OF THIS TITLE, FROM PERFORMING ANY OF THE EXAMINATIONS OR PROCEDURES
WHICH RESTRICTED CLINICAL LABORATORY LICENSEES ARE PERMITTED TO PERFORM
UNDER THIS SECTION AND WHICH SUCH CLINICAL LABORATORY PRACTITIONER IS
OTHERWISE AUTHORIZED TO PERFORM.
TITLE 28
MEDICAL PHYSICS PRACTICE
SECTION 8700. INTRODUCTION.
8701. DEFINITIONS.
8702. DEFINITION OF "PRACTICE OF MEDICAL PHYSICS".
8703. USE OF THE TITLE "PROFESSIONAL MEDICAL PHYSICIST".
8704. STATE COMMITTEE FOR MEDICAL PHYSICS.
8705. REQUIREMENTS AND PROCEDURES FOR PROFESSIONAL LICENSURE.
8706. LIMITED PERMITS.
8707. EXEMPTIONS.
8708. LICENSURE WITHOUT EXAMINATION.
8709. SEPARABILITY.
S. 4007--A 469 A. 3007--A
§ 8700. INTRODUCTION. THIS TITLE APPLIES TO THE PROFESSION OF MEDICAL
PHYSICS. THE GENERAL PROVISIONS FOR ALL LICENSED HEALTHCARE PROFESSIONS
CONTAINED IN TITLE ONE OF THIS ARTICLE APPLY TO THIS TITLE.
§ 8701. DEFINITIONS. AS USED IN THIS TITLE:
1. "CLINICAL" SHALL MEAN ACTIVITIES DIRECTLY RELATING TO THE TREATMENT
OR DIAGNOSIS OF HUMAN AILMENTS.
2. "SPECIALTY" OR "SPECIALTY AREA" SHALL MEAN THE FOLLOWING BRANCH OR
BRANCHES OF SPECIAL COMPETENCE WITHIN MEDICAL PHYSICS:
A. "DIAGNOSTIC RADIOLOGICAL PHYSICS" SHALL MEAN THE BRANCH OF MEDICAL
PHYSICS RELATING TO THE DIAGNOSTIC APPLICATION OF RADIATION, THE ANALY-
SIS AND INTERPRETATION OF IMAGE QUALITY, PERFORMANCE MEASUREMENTS AND
THE CALIBRATION OF EQUIPMENT ASSOCIATED WITH THE PRODUCTION AND USE OF
SUCH RADIATION, THE ANALYSIS AND INTERPRETATION OF MEASUREMENTS ASSOCI-
ATED WITH PATIENT DOSES AND EXPOSURES, AND THE RADIATION SAFETY ASPECTS
ASSOCIATED WITH THE PRODUCTION AND USE OF SUCH RADIATION;
B. "MEDICAL HEALTH PHYSICS" SHALL MEAN THE BRANCH OF MEDICAL PHYSICS
PERTAINING TO THE RADIATION SAFETY ASPECTS OF THE USE OF RADIATION FOR
BOTH DIAGNOSTIC AND THERAPEUTIC PURPOSES, AND THE USE OF EQUIPMENT TO
PERFORM APPROPRIATE RADIATION MEASUREMENTS;
C. "MEDICAL NUCLEAR PHYSICS" SHALL MEAN THE BRANCH OF MEDICAL PHYSICS
PERTAINING TO THE THERAPEUTIC AND DIAGNOSTIC APPLICATION OF RADIONU-
CLIDES, EXCLUDING THOSE USED IN SEALED SOURCES FOR THERAPEUTIC PURPOSES,
THE ANALYSIS AND INTERPRETATION OF PERFORMANCE MEASUREMENTS ASSOCIATED
WITH RADIATION IMAGING EQUIPMENT AND PERFORMANCE OVERSIGHT OF RADIONU-
CLIDE CALIBRATION EQUIPMENT ASSOCIATED WITH THE USE AND PRODUCTION OF
RADIONUCLIDES, THE ANALYSIS AND INTERPRETATION OF MEASUREMENTS AND
CALCULATIONS ASSOCIATED WITH PATIENT ORGAN DOSES, AND THE RADIATION
SAFETY ASPECTS ASSOCIATED WITH THE PRODUCTION AND USE OF SUCH RADIONU-
CLIDES; AND
D. "THERAPEUTIC RADIOLOGICAL PHYSICS" OR "RADIATION ONCOLOGY PHYSICS"
SHALL MEAN THE BRANCH OF MEDICAL PHYSICS RELATING TO THE THERAPEUTIC
APPLICATION OF RADIATION, THE ANALYSIS AND INTERPRETATION OF RADIATION
EQUIPMENT PERFORMANCE MEASUREMENTS AND THE CALIBRATION OF EQUIPMENT
ASSOCIATED WITH THE PRODUCTION AND USE OF SUCH RADIATION, THE ANALYSIS
AND INTERPRETATION OF MEASUREMENTS ASSOCIATED WITH PATIENT DOSES, AND
THE RADIATION SAFETY ASPECTS ASSOCIATED WITH THE PRODUCTION AND USE OF
SUCH RADIATION.
3. "MEDICAL PHYSICS" SHALL MEAN THE BRANCH OF PHYSICS LIMITED TO THE
FIELD OF RADIOLOGICAL PHYSICS.
4. "RADIATION" SHALL MEAN ALL IONIZING RADIATION ABOVE BACKGROUND
LEVELS OR ANY NON-IONIZING RADIATION USED IN DIAGNOSTIC IMAGING OR IN
RADIATION ONCOLOGY.
5. "RADIOLOGICAL PHYSICS" SHALL MEAN DIAGNOSTIC RADIOLOGICAL PHYSICS,
THERAPEUTIC RADIOLOGICAL PHYSICS OR RADIATION ONCOLOGY PHYSICS, MEDICAL
NUCLEAR PHYSICS AND MEDICAL HEALTH PHYSICS.
6. "RADIOLOGICAL PROCEDURE" SHALL MEAN ANY TEST, MEASUREMENT, CALCU-
LATION OR RADIATION EXPOSURE FOR THE PURPOSE OF DIAGNOSIS OR TREATMENT
OF ANY MEDICAL CONDITION OF A HUMAN, INCLUDING THERAPEUTIC RADIATION,
DIAGNOSTIC IMAGING AND MEASUREMENTS, AND NUCLEAR MEDICINE PROCEDURES.
§ 8702. DEFINITION OF "PRACTICE OF MEDICAL PHYSICS". 1. THE "PRACTICE
OF THE PROFESSION OF MEDICAL PHYSICS" SHALL MEAN THE USE AND APPLICATION
OF ACCEPTED PRINCIPLES AND PROTOCOLS OF PHYSICS IN A CLINICAL SETTING TO
ASSURE THE CORRECT QUALITY, QUANTITY AND PLACEMENT OF RADIATION DURING
THE PERFORMANCE OF A RADIOLOGICAL PROCEDURE, SO AS TO PROTECT THE
PATIENT AND OTHER PERSONS FROM HARMFUL, EXCESSIVE OR MISAPPLIED RADI-
ATION. SUCH PRACTICE SHALL INCLUDE, BUT NOT NECESSARILY BE LIMITED TO:
S. 4007--A 470 A. 3007--A
RADIATION BEAM CALIBRATION AND CHARACTERIZATION; OVERSIGHT AND RESPONSI-
BILITY FOR PATIENT RADIATION DOSE MEASUREMENT, CALCULATION AND REPORT-
ING; OVERSIGHT AND RESPONSIBILITY FOR QUALITY CONTROL; INSTRUMENT SPEC-
IFICATION; OPTIMIZATION OF IMAGE QUALITY; ACCEPTANCE TESTING; SHIELDING
DESIGN; PROTECTION ANALYSIS ON RADIATION EMITTING EQUIPMENT AND RADIO-
PHARMACEUTICALS; AND CONSULTATION WITH A PHYSICIAN TO ASSURE ACCURATE
RADIATION DOSAGE AND APPLICATION TO A SPECIFIC PATIENT.
2. A LICENSE TO PRACTICE MEDICAL PHYSICS SHALL BE ISSUED WITH SPECIAL
COMPETENCY IN ONE OR MORE SPECIALTY AREAS IN WHICH THE LICENSEE HAS
SATISFIED THE REQUIREMENTS OF SECTION EIGHTY-SEVEN HUNDRED FIVE OF THIS
TITLE.
3. THE PRACTICE IN ANY SPECIALTY BY A PERSON WHOSE LICENSE IS NOT
ISSUED WITH SPECIAL COMPETENCY FOR SUCH SPECIALTY SHALL BE DEEMED THE
UNAUTHORIZED PRACTICE OF THE PROFESSION OF MEDICAL PHYSICS.
4. ONLY A PERSON LICENSED UNDER THIS TITLE SHALL PRACTICE THE PROFES-
SION OF MEDICAL PHYSICS.
§ 8703. USE OF THE TITLE "PROFESSIONAL MEDICAL PHYSICIST". ONLY A
PERSON LICENSED UNDER THIS TITLE SHALL USE THE TITLE "PROFESSIONAL
MEDICAL PHYSICIST".
§ 8704. STATE COMMITTEE FOR MEDICAL PHYSICS. 1. A STATE COMMITTEE FOR
MEDICAL PHYSICS SHALL BE APPOINTED BY THE COMMISSIONER AND SHALL ASSIST
ON MATTERS OF LICENSURE AND PROFESSIONAL CONDUCT IN ACCORDANCE WITH
SECTION SIXTY-FIVE HUNDRED EIGHT OF THIS TITLE. NOTWITHSTANDING THE
PROVISIONS OF SECTION SIXTY-FIVE HUNDRED EIGHT OF THIS TITLE, THE
COMMITTEE SHALL ASSIST THE BOARD FOR MEDICINE SOLELY IN MEDICAL PHYSICS
MATTERS, WHICH BOARD SHALL ALSO FUNCTION AS THE STATE BOARD FOR MEDICAL
PHYSICS. THE LICENSURE REQUIREMENTS FOR PROFESSIONAL MEDICAL PHYSICISTS
SHALL BE WAIVED FOR THE INITIAL COMMITTEE APPOINTEES, PROVIDED THAT SUCH
APPOINTEES SHALL HAVE RECEIVED NATIONAL CERTIFICATION IN THEIR SPECIAL-
TY.
2. THE COMMITTEE SHALL CONSIST OF EIGHT INDIVIDUALS, TO BE COMPOSED OF
THE FOLLOWING:
A. FOUR LICENSED MEDICAL PHYSICISTS REPRESENTED BY EACH OF THE FOLLOW-
ING SPECIALTIES:
(I) DIAGNOSTIC RADIOLOGICAL PHYSICS;
(II) THERAPEUTIC RADIOLOGICAL OR RADIATION ONCOLOGY PHYSICS;
(III) MEDICAL NUCLEAR PHYSICS; AND
(IV) MEDICAL HEALTH PHYSICS;
B. THREE LICENSED PHYSICIANS REPRESENTED BY EACH OF THE FOLLOWING
SPECIALTIES:
(I) DIAGNOSTIC RADIOLOGY;
(II) RADIATION THERAPY OR RADIATION ONCOLOGY; AND
(III) NUCLEAR MEDICINE; AND
(C) A REPRESENTATIVE OF THE PUBLIC AT LARGE.
§ 8705. REQUIREMENTS AND PROCEDURES FOR PROFESSIONAL LICENSURE. TO
QUALIFY FOR A LICENSE AS A PROFESSIONAL MEDICAL PHYSICIST, AN APPLICANT
SHALL FULFILL THE FOLLOWING REQUIREMENTS:
1. APPLICATION: FILE AN APPLICATION WITH THE DEPARTMENT;
2. EDUCATION: HAVE RECEIVED AN EDUCATION INCLUDING A MASTER'S OR
DOCTORAL DEGREE FROM AN ACCREDITED COLLEGE OR UNIVERSITY IN ACCORDANCE
WITH THE COMMISSIONER'S REGULATIONS. SUCH PERSON SHALL HAVE COMPLETED
SUCH COURSES OF INSTRUCTION AS ARE DEEMED NECESSARY BY THE COMMISSIONER
TO PRACTICE IN THE MEDICAL PHYSICS SPECIALTY IN WHICH THE APPLICANT HAS
APPLIED FOR A LICENSE;
S. 4007--A 471 A. 3007--A
3. EXPERIENCE: HAVE EXPERIENCE IN HIS OR HER MEDICAL PHYSICS SPECIALTY
SATISFACTORY TO THE BOARD AND IN ACCORDANCE WITH THE COMMISSIONER'S
REGULATIONS;
4. EXAMINATION: PASS AN EXAMINATION IN HIS OR HER MEDICAL SPECIALTY
SATISFACTORY TO THE BOARD AND IN ACCORDANCE WITH THE COMMISSIONER'S
REGULATIONS. THE EXAMINATION REQUIREMENT MAY BE WAIVED BY THE BOARD ON
RECOMMENDATION OF THE COMMISSIONER FOR CERTAIN APPLICANTS WITH EXTENSIVE
EXPERIENCE AS A MEDICAL PHYSICIST;
5. AGE: BE AT LEAST TWENTY-ONE YEARS OF AGE;
6. FEE: PAY A FEE OF THREE HUNDRED DOLLARS TO THE DEPARTMENT FOR
ADMISSION TO A DEPARTMENT CONDUCTED EXAMINATION FOR LICENSURE, A FEE OF
ONE HUNDRED FIFTY DOLLARS FOR LICENSURE WITH SPECIAL COMPETENCY IN THE
FIRST SPECIALTY AND TWENTY-FIVE DOLLARS FOR EACH ADDITIONAL SPECIALTY,
AND A FEE OF THREE HUNDRED DOLLARS FOR EACH BIENNIAL REGISTRATION PERI-
OD.
§ 8706. LIMITED PERMITS. PERMITS LIMITED AS TO ELIGIBILITY, PRACTICE
AND DURATION SHALL BE ISSUED BY THE DEPARTMENT TO ELIGIBLE APPLICANTS,
AS FOLLOWS:
1. ELIGIBILITY. THE FOLLOWING PERSONS SHALL BE ELIGIBLE FOR A LIMITED
PERMIT:
A. A PERSON WHO FULFILLS ALL REQUIREMENTS FOR A LICENSE AS A PROFES-
SIONAL MEDICAL PHYSICIST EXCEPT THOSE RELATING TO EXAMINATION OR EXPERI-
ENCE; OR
B. A MEDICAL PHYSICS STUDENT ENROLLED IN A GRADUATE OR POST-GRADUATE
CURRICULUM APPROVED BY THE DEPARTMENT;
2. LIMIT OF PRACTICE. A PERMITTEE SHALL BE AUTHORIZED TO PRACTICE
MEDICAL PHYSICS ONLY UNDER THE DIRECT AND IMMEDIATE SUPERVISION OF A
PROFESSIONAL MEDICAL PHYSICIST AND ONLY IN THE SPECIALTY OF SUCH PROFES-
SIONAL MEDICAL PHYSICIST;
3. DURATION. A LIMITED PERMIT SHALL BE VALID FOR TWO YEARS. IT MAY BE
RENEWED BIENNIALLY AT THE DISCRETION OF THE DEPARTMENT;
4. FEE. THE FEE FOR EACH LIMITED PERMIT AND FOR EACH RENEWAL SHALL BE
SIXTY DOLLARS.
§ 8707. EXEMPTIONS. NOTHING IN THIS TITLE SHALL BE CONSTRUED TO
AFFECT, PREVENT OR IN ANY MANNER EXPAND OR LIMIT THE AUTHORITY OF ANY
PERSON OTHERWISE AUTHORIZED BY LAW OR REGULATION TO PRACTICE ANY FUNC-
TION OF A MEDICAL PHYSICIST, OR ANY DEPARTMENT OR AGENCY AUTHORIZED BY
LAW OR REGULATION TO REGULATE THE USE OF RADIATION, NOR PROHIBIT THE
REPAIR OR CALIBRATION OF ANY TEST EQUIPMENT USED BY PROFESSIONAL MEDICAL
PHYSICISTS BY ANY PERSON OTHERWISE ALLOWED TO DO SO UNDER STATE OR
FEDERAL LAW, NOR SERVE TO LIMIT RADIOLOGIC AND/OR IMAGING TECHNICIANS OR
ANY INDIVIDUAL OTHERWISE AUTHORIZED BY LAW OR REGULATION FROM PERFORMING
QUALITY CONTROL MEASUREMENTS OR OBTAINING QUALITY CONTROL DATA, NOR
SERVE TO LIMIT A SERVICE ENGINEER IN THE REPAIR OF RADIATION PRODUCING
EQUIPMENT NOR AN INSTALLATION ENGINEER IN THE INSTALLATION OF RADIATION
PRODUCING EQUIPMENT.
§ 8708. LICENSURE WITHOUT EXAMINATION. 1. WITHIN EIGHTEEN MONTHS OF
THE EFFECTIVE DATE OF REGULATIONS IMPLEMENTING THE PROVISIONS OF THIS
TITLE, THE DEPARTMENT MAY ISSUE A LICENSE TO PRACTICE MEDICAL PHYSICS
WITH SPECIAL COMPETENCY IN ONE OR MORE SPECIALTIES IN THIS STATE, WITH-
OUT AN EXAMINATION, TO A PERSON WHO MEETS THE REQUIREMENTS OF SUBDIVI-
SIONS ONE, FIVE AND SIX OF SECTION EIGHTY-SEVEN HUNDRED FIVE OF THIS
TITLE AND WHO IN ADDITION HAS AN EARNED BACHELOR'S, MASTER'S OR DOCTORAL
DEGREE FROM AN ACCREDITED COLLEGE OR UNIVERSITY THAT SIGNIFIES THE
COMPLETION OF A COURSE OF STUDY ACCEPTABLE TO THE DEPARTMENT, AND HAS
DEMONSTRATED TO THE DEPARTMENT'S SATISFACTION, IN THE CASE OF AN EARNED
S. 4007--A 472 A. 3007--A
BACHELOR'S DEGREE, THE COMPLETION OF AT LEAST FIFTEEN YEARS OF FULL-TIME
WORK EXPERIENCE IN THE MEDICAL PHYSICS SPECIALTY FOR WHICH APPLICATION
IS MADE, OR, IN THE CASE OF AN EARNED MASTER'S OR DOCTORAL DEGREE, THE
COMPLETION OF AT LEAST TWO YEARS OF FULL-TIME WORK EXPERIENCE IN THE
FIVE YEARS PRECEDING THE DATE OF APPLICATION IN THE MEDICAL PHYSICS
SPECIALTY FOR WHICH APPLICATION IS MADE AND THE EQUIVALENT OF ONE YEAR
OR MORE OF FULL-TIME WORK EXPERIENCE IN THE TEN YEARS PRECEDING THE DATE
OF APPLICATION FOR EACH ADDITIONAL SPECIALTY FOR WHICH APPLICATION IS
MADE.
2. ON RECEIPT OF AN APPLICATION AND FEE PURSUANT TO SECTION EIGHTY-
SEVEN HUNDRED FIVE OF THIS TITLE, THE DEPARTMENT MAY ISSUE A LICENSE TO
PRACTICE MEDICAL PHYSICS WITH SPECIAL COMPETENCY IN ONE OR MORE SPECIAL-
TIES IN THIS STATE TO A PERSON WHO HOLDS A LICENSE TO PRACTICE MEDICAL
PHYSICS IN ANOTHER STATE, TERRITORY OR JURISDICTION THAT HAS REQUIRE-
MENTS FOR LICENSING OF MEDICAL PHYSICISTS WHICH THE DEPARTMENT DETER-
MINES TO BE SUBSTANTIALLY THE SAME AS THE REQUIREMENTS OF THIS TITLE.
§ 8709. SEPARABILITY. IF ANY SECTION OF THIS TITLE, OR PART THEREOF,
SHALL BE ADJUDGED BY ANY COURT OF COMPETENT JURISDICTION TO BE INVALID,
SUCH JUDGMENT SHALL NOT AFFECT, IMPAIR OR INVALIDATE THE REMAINDER OF
ANY OTHER SECTION OR PART THEREOF.
TITLE 29
APPLIED BEHAVIOR ANALYSIS
SECTION 8800. INTRODUCTION.
8801. DEFINITIONS.
8802. DEFINITION OF THE PRACTICE OF "APPLIED BEHAVIOR ANALYSIS".
8803. THE PRACTICE OF AND USE OF THE TITLE "LICENSED BEHAVIOR
ANALYST" OR "CERTIFIED BEHAVIOR ANALYST ASSISTANT".
8804. REQUIREMENTS AND PROCEDURES FOR PROFESSIONAL LICENSURE.
8805. SPECIAL PROVISIONS.
8806. LIMITED PERMITS.
8807. EXEMPTIONS.
8808. STATE BOARD FOR APPLIED BEHAVIOR ANALYSIS.
§ 8800. INTRODUCTION. THIS TITLE APPLIES TO THE PROFESSION AND PRAC-
TICE OF APPLIED BEHAVIOR ANALYSIS AND TO THE USE OF THE TITLES "LICENSED
BEHAVIOR ANALYST" AND "CERTIFIED BEHAVIOR ANALYST ASSISTANT". THE GENER-
AL PROVISIONS FOR ALL LICENSED HEALTHCARE PROFESSIONS CONTAINED IN TITLE
ONE OF THIS ARTICLE SHALL APPLY TO THIS TITLE.
§ 8801. DEFINITIONS. AS USED IN THIS TITLE, THE FOLLOWING TERM SHALL
HAVE THE FOLLOWING MEANING: "APPLIED BEHAVIOR ANALYSIS" OR "ABA" MEANS
THE DESIGN, IMPLEMENTATION, AND EVALUATION OF ENVIRONMENTAL MODIFICA-
TIONS, USING BEHAVIORAL STIMULI AND CONSEQUENCES, TO PRODUCE SOCIALLY
SIGNIFICANT IMPROVEMENT IN HUMAN BEHAVIOR, INCLUDING THE USE OF DIRECT
OBSERVATION, MEASUREMENT, AND FUNCTIONAL ANALYSIS OF THE RELATIONSHIP
BETWEEN ENVIRONMENT AND BEHAVIOR.
§ 8802. DEFINITION OF THE PRACTICE OF "APPLIED BEHAVIOR ANALYSIS". 1.
THE PRACTICE OF APPLIED BEHAVIOR ANALYSIS BY A "LICENSED BEHAVIOR
ANALYST" SHALL MEAN THE DESIGN, IMPLEMENTATION AND EVALUATION OF ENVI-
RONMENTAL MODIFICATIONS, USING BEHAVIORAL STIMULI AND CONSEQUENCES, TO
PRODUCE SOCIALLY SIGNIFICANT IMPROVEMENT IN HUMAN BEHAVIOR, INCLUDING
THE USE OF DIRECT OBSERVATION, MEASUREMENT, AND FUNCTIONAL ANALYSIS OF
THE RELATIONSHIP BETWEEN ENVIRONMENT AND BEHAVIOR, PURSUANT TO A DIAGNO-
SIS AND PRESCRIPTION OR ORDER FROM A PERSON WHO IS LICENSED OR OTHERWISE
AUTHORIZED TO PROVIDE SUCH DIAGNOSIS AND PRESCRIPTION OR ORDERING
SERVICES PURSUANT TO A PROFESSION ENUMERATED IN THIS TITLE, FOR THE
PURPOSE OF PROVIDING BEHAVIORAL HEALTH TREATMENT FOR PERSONS WITH AUTISM
AND AUTISM SPECTRUM DISORDERS AND RELATED DISORDERS.
S. 4007--A 473 A. 3007--A
2. THE PRACTICE OF APPLIED BEHAVIOR ANALYSIS BY A "LICENSED BEHAVIOR
ANALYST" SHALL MEAN THE DESIGN, IMPLEMENTATION AND EVALUATION OF ENVI-
RONMENTAL MODIFICATIONS, USING BEHAVIORAL STIMULI AND CONSEQUENCES, TO
PRODUCE SOCIALLY SIGNIFICANT IMPROVEMENT IN HUMAN BEHAVIOR, INCLUDING
THE USE OF DIRECT OBSERVATION, MEASUREMENT, AND FUNCTIONAL ANALYSIS OF
THE RELATIONSHIP BETWEEN ENVIRONMENT AND BEHAVIOR, PURSUANT TO A DIAGNO-
SIS AND PRESCRIPTION OR ORDER FROM A PERSON WHO IS LICENSED OR OTHERWISE
AUTHORIZED TO PROVIDE SUCH DIAGNOSIS AND PRESCRIPTION OR ORDERING
SERVICES PURSUANT TO A PROFESSION ENUMERATED IN THIS TITLE, FOR THE
PURPOSE OF PROVIDING BEHAVIORAL HEALTH TREATMENT. FOR PURPOSES OF THIS
SECTION, PRESCRIPTIONS OR ORDERS FOR BEHAVIORAL HEALTH TREATMENT
PROVIDED BY A LICENSED BEHAVIOR ANALYST SHALL BE LIMITED TO PROVIDING
TREATMENT TO INDIVIDUALS WITH BEHAVIORAL HEALTH CONDITIONS THAT APPEAR
IN THE MOST RECENT EDITION OF THE DIAGNOSTIC AND STATISTICAL MANUAL OF
MENTAL DISORDERS, PUBLISHED BY THE AMERICAN PSYCHIATRIC ASSOCIATION, OR
AN EQUIVALENT CLASSIFICATION SYSTEM AS DETERMINED BY THE DEPARTMENT. IN
ADDITION, LICENSED BEHAVIOR ANALYSTS PROVIDING SERVICES PURSUANT TO A
PRESCRIPTION OR ORDER, AS AUTHORIZED BY THIS SECTION, SHALL PROVIDE A
REPORT AT LEAST ANNUALLY REGARDING THE STATUS OF THE INDIVIDUAL SERVED
TO THE LICENSED PERSON PRESCRIBING OR ORDERING SUCH SERVICE OR MORE
FREQUENTLY, IF NEEDED, IN ORDER TO REPORT SIGNIFICANT CHANGES IN THE
CONDITION OF THE INDIVIDUAL.
3. THE PRACTICE OF APPLIED BEHAVIOR ANALYSIS BY A "CERTIFIED BEHAVIOR
ANALYST ASSISTANT" MEANS THE SERVICES AND ACTIVITIES PROVIDED BY A
PERSON CERTIFIED IN ACCORDANCE WITH THIS TITLE WHO WORKS UNDER THE
SUPERVISION OF A LICENSED BEHAVIOR ANALYST TO PERFORM SUCH PATIENT
RELATED APPLIED BEHAVIOR ANALYSIS TASKS AS ARE ASSIGNED BY THE SUPERVIS-
ING LICENSED BEHAVIOR ANALYST. SUPERVISION OF A CERTIFIED BEHAVIOR
ANALYST ASSISTANT BY A LICENSED BEHAVIOR ANALYST SHALL BE IN ACCORDANCE
WITH REGULATIONS OF THE COMMISSIONER. NO LICENSED BEHAVIOR ANALYST SHALL
SUPERVISE MORE THAN SIX CERTIFIED BEHAVIOR ANALYST ASSISTANTS.
4. THE PRACTICE OF APPLIED BEHAVIOR ANALYSIS SHALL NOT INCLUDE DIAGNO-
SIS OF A DISORDER OR CONDITION FOR WHICH ABA MAY BE APPROPRIATE, OR
PRESCRIBING OR ORDERING ABA FOR A PARTICULAR INDIVIDUAL.
5. ANY INDIVIDUAL WHOSE LICENSE OR AUTHORITY TO PRACTICE DERIVES FROM
THE PROVISIONS OF THIS TITLE SHALL BE PROHIBITED FROM:
A. PRESCRIBING OR ADMINISTERING DRUGS AS DEFINED IN THIS CHAPTER OR AS
A TREATMENT, THERAPY, OR PROFESSIONAL SERVICE IN THE PRACTICE OF HIS OR
HER PROFESSION; OR
B. USING INVASIVE PROCEDURES AS A TREATMENT, THERAPY, OR PROFESSIONAL
SERVICE IN THE PRACTICE OF HIS OR HER PROFESSION. FOR PURPOSES OF THIS
SUBDIVISION, "INVASIVE PROCEDURE" MEANS ANY PROCEDURE IN WHICH HUMAN
TISSUE IS CUT, ALTERED, OR OTHERWISE INFILTRATED BY MECHANICAL OR OTHER
MEANS. INVASIVE PROCEDURE INCLUDES, BUT IS NOT LIMITED TO, SURGERY,
LASERS, IONIZING RADIATION, THERAPEUTIC ULTRASOUND, OR ELECTROCONVULSIVE
THERAPY.
§ 8803. THE PRACTICE OF AND USE OF THE TITLE "LICENSED BEHAVIOR
ANALYST" OR "CERTIFIED BEHAVIOR ANALYST ASSISTANT". ONLY A PERSON
LICENSED, CERTIFIED OR EXEMPT UNDER THIS TITLE SHALL PRACTICE APPLIED
BEHAVIOR ANALYSIS. ONLY A PERSON LICENSED OR CERTIFIED UNDER THIS TITLE
SHALL USE THE TITLES "LICENSED BEHAVIOR ANALYST" OR "CERTIFIED BEHAVIOR
ANALYST ASSISTANT".
§ 8804. REQUIREMENTS AND PROCEDURES FOR PROFESSIONAL LICENSURE. 1. TO
QUALIFY FOR CERTIFICATION AS A CERTIFIED BEHAVIOR ANALYST ASSISTANT, AN
APPLICANT SHALL FULFILL THE FOLLOWING REQUIREMENTS:
A. APPLICATION: FILE AN APPLICATION WITH THE DEPARTMENT;
S. 4007--A 474 A. 3007--A
B. EDUCATION: HAVE RECEIVED AN EDUCATION, INCLUDING A BACHELOR'S OR
HIGHER DEGREE FROM A PROGRAM REGISTERED BY THE DEPARTMENT OR DETERMINED
BY THE DEPARTMENT TO BE THE SUBSTANTIAL EQUIVALENT THEREOF, IN ACCORD-
ANCE WITH THE COMMISSIONER'S REGULATIONS.
C. EXPERIENCE: HAVE EXPERIENCE IN THE PRACTICE OF APPLIED BEHAVIOR
ANALYSIS SATISFACTORY TO THE BOARD AND THE DEPARTMENT IN ACCORDANCE WITH
THE COMMISSIONER'S REGULATIONS.
D. EXAMINATION: PASS AN EXAMINATION ACCEPTABLE TO THE BOARD AND THE
DEPARTMENT IN ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS.
E. AGE: BE AT LEAST TWENTY-ONE YEARS OF AGE;
F. CHARACTER: BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE DEPART-
MENT AND SUBMIT AN ATTESTATION OF MORAL CHARACTER; AND
G. FEE: PAY A FEE OF ONE HUNDRED FIFTY DOLLARS FOR AN INITIAL LICENSE
AND A FEE OF SEVENTY-FIVE DOLLARS FOR EACH TRIENNIAL REGISTRATION PERI-
OD.
2. TO QUALIFY FOR A LICENSE AS A LICENSED BEHAVIOR ANALYST, AN APPLI-
CANT SHALL FULFILL THE FOLLOWING REQUIREMENTS:
A. APPLICATION: FILE AN APPLICATION WITH THE DEPARTMENT;
B. EDUCATION: HAVE RECEIVED AN EDUCATION, INCLUDING A MASTER'S OR
HIGHER DEGREE FROM A PROGRAM REGISTERED BY THE DEPARTMENT OR DETERMINED
BY THE DEPARTMENT TO BE THE SUBSTANTIAL EQUIVALENT, THEREOF, IN ACCORD-
ANCE WITH THE COMMISSIONER'S REGULATIONS.
C. EXPERIENCE: HAVE EXPERIENCE IN THE PRACTICE OF APPLIED BEHAVIOR
ANALYSIS SATISFACTORY TO THE BOARD AND THE DEPARTMENT IN ACCORDANCE WITH
THE COMMISSIONER'S REGULATIONS.
D. EXAMINATION: PASS AN EXAMINATION ACCEPTABLE TO THE BOARD AND THE
DEPARTMENT IN ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS.
E. AGE: BE AT LEAST TWENTY-ONE YEARS OF AGE;
F. CHARACTER: BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE DEPART-
MENT AND SUBMIT AN ATTESTATION OF MORAL CHARACTER; AND
G. FEE: PAY A FEE OF TWO HUNDRED DOLLARS FOR AN INITIAL LICENSE AND A
FEE OF ONE HUNDRED DOLLARS FOR EACH TRIENNIAL REGISTRATION PERIOD.
§ 8805. SPECIAL PROVISIONS. AN INDIVIDUAL WHO MEETS THE REQUIREMENTS
FOR A LICENSE OR CERTIFICATION AS A LICENSED BEHAVIOR ANALYST OR A
CERTIFIED BEHAVIOR ANALYST ASSISTANT, EXCEPT FOR EXAMINATION, EXPERIENCE
AND EDUCATION, AND WHO IS CERTIFIED OR REGISTERED BY A NATIONAL CERTIFY-
ING BODY HAVING CERTIFICATION OR REGISTRATION STANDARDS ACCEPTABLE TO
THE COMMISSIONER, MAY BE LICENSED OR CERTIFIED, WITHOUT MEETING ADDI-
TIONAL REQUIREMENTS AS TO EXAMINATION, EXPERIENCE AND EDUCATION,
PROVIDED THAT SUCH INDIVIDUAL SUBMITS AN APPLICATION TO THE DEPARTMENT
WITHIN TWO YEARS OF THE EFFECTIVE DATE OF THIS SECTION.
§ 8806. LIMITED PERMITS. THE FOLLOWING REQUIREMENTS FOR A LIMITED
PERMIT SHALL APPLY TO ALL PROFESSIONS LICENSED OR CERTIFIED PURSUANT TO
THIS TITLE:
1. THE DEPARTMENT MAY ISSUE A LIMITED PERMIT TO AN APPLICANT WHO MEETS
ALL QUALIFICATIONS FOR LICENSURE, EXCEPT THE EXAMINATION AND/OR EXPERI-
ENCE REQUIREMENTS, IN ACCORDANCE WITH REGULATIONS PROMULGATED THEREFOR.
2. LIMITED PERMITS SHALL BE FOR ONE YEAR; SUCH LIMITED PERMITS MAY BE
RENEWED, AT THE DISCRETION OF THE DEPARTMENT, FOR ONE ADDITIONAL YEAR.
3. THE FEE FOR EACH LIMITED PERMIT AND FOR EACH RENEWAL SHALL BE
SEVENTY DOLLARS.
4. A LIMITED PERMIT HOLDER SHALL PRACTICE ONLY UNDER SUPERVISION AS
DETERMINED IN ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS.
§ 8807. EXEMPTIONS. 1. NOTHING CONTAINED IN THIS TITLE SHALL BE
CONSTRUED TO LIMIT THE SCOPES OF PRACTICE OF ANY OTHER PROFESSION
LICENSED UNDER THIS TITLE.
S. 4007--A 475 A. 3007--A
2. NOTHING IN THIS TITLE SHALL BE CONSTRUED AS PROHIBITING A PERSON
FROM PERFORMING THE DUTIES OF A LICENSED BEHAVIOR ANALYST OR A CERTIFIED
BEHAVIOR ANALYST ASSISTANT, IN THE COURSE OF SUCH EMPLOYMENT, IF SUCH
PERSON IS EMPLOYED:
A. BY A FEDERAL, STATE, COUNTY OR MUNICIPAL AGENCY, OR OTHER POLITICAL
SUBDIVISION;
B. BY A CHARTERED ELEMENTARY OR SECONDARY SCHOOL OR DEGREE-GRANTING
INSTITUTION;
C. AS A CERTIFIED TEACHER OR TEACHING ASSISTANT, OTHER THAN A PUPIL
PERSONNEL SERVICES PROFESSIONAL, IN AN APPROVED PROGRAM AS DEFINED IN
PARAGRAPH B OF SUBDIVISION ONE OF SECTION FORTY-FOUR HUNDRED TEN OF THE
EDUCATION LAW; OR
D. IN A SETTING TO THE EXTENT THAT THE EXEMPTION IN PARAGRAPH D OF
SUBDIVISION SIX OF SECTION FORTY-FOUR HUNDRED TEN OF THE EDUCATION LAW
APPLIES.
3. NOTHING IN THIS TITLE SHALL BE CONSTRUED AS PROHIBITING A CERTIFIED
TEACHER OR TEACHING ASSISTANT, OTHER THAN A PUPIL PERSONNEL SERVICES
PROFESSIONAL, FROM PERFORMING THE DUTIES OF A LICENSED BEHAVIOR ANALYST
OR CERTIFIED BEHAVIOR ANALYST ASSISTANT, IN THE COURSE OF SUCH EMPLOY-
MENT OR CONTRACTUAL AGREEMENT, IF SUCH PERSON IS EMPLOYED OR CONTRACTED
WITH AN AGENCY APPROVED BY THE DEPARTMENT OF HEALTH TO PROVIDE EARLY
INTERVENTION SERVICES OR HAS AN AGREEMENT WITH THE DEPARTMENT OF HEALTH
TO PROVIDE EARLY INTERVENTION SERVICES PURSUANT TO TITLE TWO-A OF ARTI-
CLE TWENTY-FIVE OF THIS CHAPTER.
4. NOTHING IN THIS TITLE SHALL BE CONSTRUED AS PROHIBITING THE ACTIV-
ITIES AND SERVICES REQUIRED OF A STUDENT, INTERN, OR RESIDENT IN AN
EDUCATIONAL PROGRAM ACCEPTABLE TO THE DEPARTMENT PURSUANT TO THE COMMIS-
SIONER'S REGULATIONS, PURSUING A COURSE OF STUDY LEADING TO A BACHELOR'S
OR HIGHER DEGREE IN AN EDUCATIONAL PROGRAM ACCEPTABLE TO THE DEPARTMENT
PURSUANT TO THE COMMISSIONER'S REGULATIONS IN AN INSTITUTION APPROVED BY
THE DEPARTMENT, PROVIDED THAT SUCH ACTIVITIES AND SERVICES CONSTITUTE A
PART OF HIS OR HER SUPERVISED COURSE OF STUDY IN AN EDUCATIONAL PROGRAM
ACCEPTABLE TO THE DEPARTMENT PURSUANT TO THE COMMISSIONER'S REGULATIONS.
SUCH PERSON SHALL BE DESIGNATED BY TITLE WHICH CLEARLY INDICATES HIS OR
HER TRAINING STATUS.
5. NOTHING IN THIS TITLE SHALL BE CONSTRUED TO AFFECT OR PREVENT A
PERSON WITHOUT A LICENSE OR OTHER AUTHORIZATION PURSUANT TO THIS TITLE
FROM PERFORMING ASSESSMENTS, INCLUDING COLLECTING BASIC INFORMATION,
GATHERING DEMOGRAPHIC DATA, AND MAKING INFORMAL OBSERVATIONS, FOR THE
PURPOSE OF DETERMINING NEED FOR SERVICES UNRELATED TO AN ABA PLAN.
FURTHER, LICENSURE OR AUTHORIZATION PURSUANT TO THIS TITLE SHALL NOT BE
REQUIRED TO CREATE, DEVELOP OR IMPLEMENT A SERVICE PLAN UNRELATED TO AN
ABA PLAN. THIS TITLE SHALL NOT APPLY TO BEHAVIORAL HEALTH TREATMENTS
OTHER THAN ABA THAT MAY BE PROVIDED TO PERSONS WITH AUTISM SPECTRUM
DISORDER. A LICENSE UNDER THIS TITLE SHALL NOT BE REQUIRED FOR PERSONS
TO PARTICIPATE AS A MEMBER OF A MULTI-DISCIPLINARY TEAM TO IMPLEMENT AN
ABA PLAN; PROVIDED, HOWEVER, THAT SUCH TEAM SHALL INCLUDE ONE OR MORE
PROFESSIONALS LICENSED UNDER THIS TITLE OR TITLES TWO, SEVENTEEN, EIGH-
TEEN OR TWENTY-FIVE OF THIS ARTICLE; AND PROVIDED FURTHER THAT THE
ACTIVITIES PERFORMED BY MEMBERS OF THE TEAM SHALL BE CONSISTENT WITH THE
SCOPE OF PRACTICE FOR EACH TEAM MEMBER LICENSED OR AUTHORIZED UNDER THIS
TITLE, AND THOSE WHO ARE NOT SO AUTHORIZED MAY NOT ENGAGE IN THE FOLLOW-
ING RESTRICTED PRACTICES: CREATION, MODIFICATION OR TERMINATION OF AN
ABA PLAN; DIAGNOSIS OF MENTAL, EMOTIONAL, BEHAVIORAL, ADDICTIVE AND
DEVELOPMENTAL DISORDERS AND DISABILITIES; PATIENT ASSESSMENT AND EVALU-
ATING; PROVISION OF PSYCHOTHERAPEUTIC TREATMENT; PROVISION OF TREATMENT
S. 4007--A 476 A. 3007--A
OTHER THAN PSYCHOTHERAPEUTIC TREATMENT; AND DEVELOPMENT AND IMPLEMENTA-
TION OF ASSESSMENT-BASED TREATMENT PLANS, AS DEFINED IN SECTION EIGHTY-
EIGHT HUNDRED TWO OF THIS TITLE. PROVIDED FURTHER, HOWEVER, THAT NOTHING
IN THIS SUBDIVISION SHALL BE CONSTRUED AS REQUIRING A LICENSE OR AUTHOR-
IZATION FOR ANY PARTICULAR ACTIVITY OR FUNCTION BASED SOLELY ON THE FACT
THAT THE ACTIVITY OR FUNCTION IS NOT LISTED IN THIS SUBDIVISION.
PROVIDED FURTHER, HOWEVER, THAT NOTHING IN THIS SUBDIVISION SHALL
AUTHORIZE THE DELEGATION OF RESTRICTED ACTIVITIES TO AN INDIVIDUAL WHO
IS NOT APPROPRIATELY LICENSED OR AUTHORIZED UNDER THIS TITLE.
6. NOTHING IN THIS TITLE SHALL BE CONSTRUED AS PROHIBITING AN EARLY
INTERVENTION ABA AIDE, PURSUANT TO REGULATIONS PROMULGATED BY THE
COMMISSIONER, AND ACTING UNDER THE SUPERVISION AND DIRECTION OF A QUALI-
FIED SUPERVISOR WHO IS LICENSED OR OTHERWISE AUTHORIZED PURSUANT TO THIS
CHAPTER FROM:
(A) ASSISTING THE SUPERVISOR AND QUALIFIED PERSONNEL WITH THE IMPLE-
MENTATION OF INDIVIDUAL ABA PLANS;
(B) ASSISTING IN THE RECORDING AND COLLECTION OF DATA NEEDED TO MONI-
TOR PROGRESS;
(C) PARTICIPATING IN REQUIRED TEAM MEETINGS; AND
(D) COMPLETING ANY OTHER ACTIVITIES AS DIRECTED BY HIS OR HER SUPERVI-
SOR AND AS NECESSARY TO ASSIST IN THE IMPLEMENTATION OF INDIVIDUAL ABA
PLANS. PROVIDED HOWEVER, THAT NOTHING IN THIS SUBDIVISION SHALL AUTHOR-
IZE THE DELEGATION OF RESTRICTED ACTIVITIES TO AN INDIVIDUAL WHO IS NOT
APPROPRIATELY LICENSED OR OTHERWISE AUTHORIZED UNDER THIS TITLE;
PROVIDED FURTHER HOWEVER, THAT IN REGARD TO THE EARLY INTERVENTION
PROGRAM ESTABLISHED PURSUANT TO TITLE TWO-A OF ARTICLE TWENTY-FIVE OF
THIS CHAPTER, AN EARLY INTERVENTION ABA AIDE UNDER THE SUPERVISION AND
DIRECTION OF A QUALIFIED SUPERVISOR MAY COMPLETE ACTIVITIES NECESSARY TO
ASSIST IN THE IMPLEMENTATION OF AN INDIVIDUAL ABA PLAN, PROVIDED THAT
SUCH ACTIVITIES DO NOT REQUIRE PROFESSIONAL SKILL OR JUDGMENT.
7. THIS TITLE SHALL NOT BE CONSTRUED TO PROHIBIT CARE DELIVERED 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 APPLIED BEHAVIOR
ANALYSIS UNDER THE PROVISIONS OF THIS TITLE; PROVIDED THAT, IF SUCH
PERSON IS REMUNERATED, THE PERSON DOES NOT HOLD HIMSELF OR HERSELF OUT
AS ONE WHO ACCEPTS EMPLOYMENT FOR PERFORMING SUCH CARE.
8. NOTHING IN THIS TITLE SHALL BE CONSTRUED AS PROHIBITING PROGRAMS
CERTIFIED BY THE OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES FROM
PROVIDING SUBSTANCE USE DISORDER SERVICES FOR PERSONS WITH AUTISM AND
AUTISM SPECTRUM DISORDERS AND RELATED DISORDERS.
§ 8808. STATE BOARD FOR APPLIED BEHAVIOR ANALYSIS. 1. A STATE BOARD
FOR APPLIED BEHAVIOR ANALYSIS SHALL BE APPOINTED BY THE COMMISSIONER AND
SHALL ASSIST ON MATTERS OF LICENSING AND PROFESSIONAL CONDUCT IN ACCORD-
ANCE WITH SECTION SIXTY-FIVE HUNDRED EIGHT OF THIS ARTICLE. AN EXECUTIVE
SECRETARY OF THE BOARD SHALL BE APPOINTED BY THE COMMISSIONER.
2. THE BOARD SHALL CONSIST OF SEVEN INDIVIDUALS, TO BE COMPOSED OF THE
FOLLOWING:
(A) THREE LICENSED BEHAVIOR ANALYSTS;
(B) ONE CERTIFIED BEHAVIOR ANALYST ASSISTANT;
(C) ONE LICENSED PSYCHOLOGIST, WHO MAY CURRENTLY PRESCRIBE TREATMENT
INVOLVING APPLIED BEHAVIOR ANALYSIS IN HIS OR HER PROFESSIONAL PRACTICE;
AND
(D) TWO PUBLIC REPRESENTATIVES, AS DEFINED IN PARAGRAPH B OF SUBDIVI-
SION ONE OF SECTION SIXTY-FIVE HUNDRED EIGHT OF THIS ARTICLE.
S. 4007--A 477 A. 3007--A
TITLE 30
LICENSED PATHOLOGISTS' ASSISTANTS
SECTION 8850. DEFINITIONS.
8851. PRACTICE AS PATHOLOGISTS' ASSISTANT AND USE OF THE TITLE
"PATHOLOGISTS' ASSISTANT".
8852. REQUIREMENTS FOR LICENSURE AS A PATHOLOGISTS' ASSISTANT.
8853. SPECIAL PROVISIONS; ELIGIBILITY.
8854. STATE COMMITTEE FOR PATHOLOGISTS' ASSISTANTS.
8855. LIMITED PERMITS.
8856. EXEMPTIONS AND EXEMPT PERSONS.
§ 8850. DEFINITIONS. AS USED IN THIS TITLE: 1. THE TERM "PATHOLOGISTS'
ASSISTANT" MEANS A PERSON LICENSED TO ASSIST PHYSICIANS WHO PRACTICE
PATHOLOGY BY PROVIDING SERVICES WITHIN THE PERMITTED SCOPE OF PRACTICE
FOR PATHOLOGISTS' ASSISTANTS AS DEFINED IN SUBDIVISION FOUR OF THIS
SECTION. ALL SUCH SERVICES SHALL BE PERFORMED UNDER THE DIRECTION AND
SUPERVISION OF A LICENSED PHYSICIAN WHO PRACTICES ANATOMIC PATHOLOGY.
2. THE TERM "DIRECTION AND SUPERVISION" MEANS CONTINUOUS DIRECTION AND
SUPERVISION, BUT SHALL NOT BE CONSTRUED AS NECESSARILY REQUIRING THE
PHYSICAL PRESENCE OF THE SUPERVISING PHYSICIAN AT THE TIME AND PLACE
WHERE SUCH SERVICES ARE PERFORMED.
3. THE TERM "PHYSICIAN" MEANS A PRACTITIONER OF MEDICINE LICENSED TO
PRACTICE MEDICINE PURSUANT TO TITLE TWO OF THIS ARTICLE.
4. THE TERM "SCOPE OF PRACTICE FOR PATHOLOGISTS' ASSISTANTS" MEANS THE
PROVISION OF THE FOLLOWING SERVICES UNDER THE DIRECTION AND SUPERVISION
OF A LICENSED PHYSICIAN WHO PRACTICES ANATOMIC PATHOLOGY: A. PREPARING
GROSS TISSUE SECTIONS FOR PATHOLOGY ANALYSIS, INCLUDING BUT NOT LIMITED
TO, CUTTING, STAINING AS REQUIRED, DESCRIBING GROSS ANATOMIC FEATURES,
DISSECTING SURGICAL SPECIMENS, AND SUBMITTING TISSUES FOR BIO-BANKING,
HISTOLOGIC PROCESSING, OR OTHER ANALYSES; B. PERFORMING HUMAN POSTMORTEM
EXAMINATIONS, INCLUDING BUT NOT LIMITED TO, SELECTION OF TISSUES AND
FLUIDS FOR FURTHER EXAMINATION, EXTERNAL EXAMINATION, DISSECTION, AND
GATHERING AND RECORDING INFORMATION FOR AUTOPSY REPORTS; AND C. OTHER
FUNCTIONS AND RESPONSIBILITIES IN FURTHERANCE OF AND CONSISTENT WITH THE
FOREGOING AS DETERMINED BY THE DEPARTMENT. THE TERM DOES NOT INCLUDE THE
AUTHORITY TO DIAGNOSE OR PROVIDE A MEDICAL OPINION. SERVICES OF A
PATHOLOGISTS' ASSISTANT MUST BE PERFORMED IN A LABORATORY OR OTHER SITE
AUTHORIZED UNDER LAW TO PERFORM SUCH SERVICES.
5. THE TERM "COMMITTEE" MEANS THE STATE COMMITTEE FOR PATHOLOGISTS'
ASSISTANTS CREATED BY THIS TITLE.
§ 8851. PRACTICE AS PATHOLOGISTS' ASSISTANT AND USE OF THE TITLE
"PATHOLOGISTS' ASSISTANT". ONLY PERSONS LICENSED OR OTHERWISE AUTHORIZED
TO PRACTICE AS A PATHOLOGISTS' ASSISTANT UNDER THIS TITLE SHALL PRACTICE
PATHOLOGIST ASSISTING OR USE THE TITLE "PATHOLOGISTS' ASSISTANT" OR THE
TERM "PATHOLOGISTS' ASSISTANT" ALONE OR IN COMBINATION WITH OTHER TERMS
AND PHRASES IN DESCRIBING THEIR SERVICES AND ACTIVITIES OR THE DESIG-
NATION "PATH A".
§ 8852. REQUIREMENTS FOR LICENSURE AS A PATHOLOGISTS' ASSISTANT. TO
QUALIFY FOR LICENSURE AS A "LICENSED PATHOLOGISTS' ASSISTANT", AN APPLI-
CANT SHALL FULFILL THE FOLLOWING REQUIREMENTS:
1. APPLICATION: FILE AN APPLICATION WITH THE DEPARTMENT;
2. EDUCATION: RECEIVE AN EDUCATION, INCLUDING A BACHELOR'S OR HIGHER
DEGREE IN PATHOLOGISTS' ASSISTANT, GRANTED ON THE BASIS OF COMPLETION OF
A PROGRAM OF PATHOLOGISTS' ASSISTANT REGISTERED WITH THE DEPARTMENT OR
THE SUBSTANTIAL EQUIVALENT THEREOF, IN ACCORDANCE WITH THE COMMISSION-
ER'S REGULATIONS;
S. 4007--A 478 A. 3007--A
3. EXAMINATION: OBTAIN A PASSING SCORE ON AN EXAMINATION ACCEPTABLE TO
THE DEPARTMENT;
4. AGE: AT THE TIME OF APPLICATION BE AT LEAST TWENTY-ONE YEARS OF
AGE;
5. CHARACTER: BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE DEPART-
MENT; AND
6. FEE: PAY A FEE DETERMINED BY THE DEPARTMENT FOR AN INITIAL LICENSE
AND FOR EACH TRIENNIAL REGISTRATION PERIOD.
§ 8853. SPECIAL PROVISIONS; ELIGIBILITY. AN INDIVIDUAL WHO MEETS THE
REQUIREMENTS FOR A LICENSE AS A LICENSED PATHOLOGISTS' ASSISTANT EXCEPT
FOR EXAMINATION AND EDUCATION AND WHO HAS BEEN PERFORMING THE DUTIES OF
A PATHOLOGISTS' ASSISTANT FOR TWO OF THE FIVE YEARS PRIOR TO THE EFFEC-
TIVE DATE OF THIS TITLE MAY BE LICENSED WITHOUT MEETING ADDITIONAL
REQUIREMENTS, PROVIDED THAT SUCH INDIVIDUAL SUBMITS AN APPLICATION TO
THE DEPARTMENT WITHIN TWO YEARS OF THE EFFECTIVE DATE OF THIS TITLE. FOR
THIS PURPOSE, THE APPLICANT'S SUPERVISING PHYSICIANS MUST ATTEST TO THE
APPLICANT'S EXPERIENCE AND COMPETENCE.
§ 8854. STATE COMMITTEE FOR PATHOLOGISTS' ASSISTANTS. 1. A STATE
COMMITTEE FOR PATHOLOGISTS' ASSISTANTS SHALL BE APPOINTED BY THE COMMIS-
SIONER AS A COMMITTEE OF THE BOARD OF MEDICINE TO ADVISE SOLELY ON
MATTERS RELATING TO PATHOLOGISTS' ASSISTANTS AND SHALL ASSIST ON MATTERS
OF LICENSURE AND PROFESSIONAL CONDUCT. THE PATHOLOGISTS' ASSISTANT
MEMBERS OF THE INITIAL COMMITTEE NEED NOT BE LICENSED PRIOR TO THEIR
APPOINTMENT BUT SHALL HAVE MET ALL OTHER REQUIREMENTS OF LICENSING
PURSUANT TO SECTION EIGHTY-EIGHT HUNDRED FIFTY-TWO OF THIS TITLE EXCEPT
THE FILING OF AN APPLICATION AND PAYING A FEE.
2. THE COMMITTEE SHALL CONSIST OF NO FEWER THAN FIVE INDIVIDUALS, TO
BE COMPOSED OF A MINIMUM OF THE FOLLOWING:
(A) ONE LICENSED PHYSICIAN WHO PRACTICES PATHOLOGY;
(B) THREE LICENSED PATHOLOGISTS' ASSISTANTS; AND
(C) ONE PUBLIC REPRESENTATIVE.
§ 8855. LIMITED PERMITS. 1. ELIGIBILITY. A PERSON WHO FULFILLS ALL
REQUIREMENTS FOR LICENSURE AS A PATHOLOGISTS' ASSISTANT EXCEPT THAT
RELATING TO THE EXAMINATION SHALL BE ELIGIBLE FOR A LIMITED PERMIT.
2. LIMIT OF PRACTICE. A PERMITTEE SHALL BE AUTHORIZED TO PRACTICE AS A
PATHOLOGISTS' ASSISTANT ONLY UNDER THE DIRECTION AND SUPERVISION OF A
LICENSED PHYSICIAN WHO PRACTICES ANATOMIC PATHOLOGY AND PURSUANT TO THE
ORDER AND DIRECTION OF THAT LICENSED PHYSICIAN.
3. DURATION. A LIMITED PERMIT SHALL EXPIRE ONE YEAR FROM THE DATE OF
ISSUANCE. A LIMITED PERMIT MAY BE EXTENDED FOR ONE ADDITIONAL YEAR FOR
GOOD CAUSE AS DETERMINED BY THE DEPARTMENT.
4. FEES. THE FEE FOR EACH LIMITED PERMIT SHALL BE DETERMINED BY THE
DEPARTMENT.
§ 8856. EXEMPTIONS AND EXEMPT PERSONS. THIS TITLE SHALL NOT PROHIBIT:
1. THE PERFORMANCE OF ANY TASKS OR RESPONSIBILITIES BY ANY STUDENT
ENGAGED IN CLINICAL TRAINING IN A GENERAL HOSPITAL LICENSED PURSUANT TO
TITLE TWENTY-EIGHT OF THIS CHAPTER, PROVIDED SUCH PRACTICE IS LIMITED TO
CLINICAL TRAINING THAT SHALL BE CARRIED OUT UNDER THE DIRECT SUPERVISION
OF A LICENSED PHYSICIAN WHO PRACTICES ANATOMIC PATHOLOGY; OR
2. THE PERFORMANCE OF ANY TASKS OR RESPONSIBILITIES BY ANY PERSON
LICENSED UNDER THIS TITLE, PROVIDED SUCH TASKS OR RESPONSIBILITIES ARE
PERMITTED BY THE TITLE GOVERNING THE PROFESSION PURSUANT TO WHICH SUCH
PERSON IS LICENSED; OR
3. THE PERFORMANCE OF ANY TASKS OR RESPONSIBILITIES BY ANY LEGALLY
QUALIFIED PATHOLOGISTS' ASSISTANTS OF ANY OTHER STATE OR TERRITORY WHO
IS SERVING IN THE ARMED FORCES OR THE PUBLIC HEALTH SERVICE OF THE
S. 4007--A 479 A. 3007--A
UNITED STATES OR WHO IS EMPLOYED BY THE VETERANS' ADMINISTRATION, WHILE
ENGAGED IN THE PERFORMANCE OF HIS OR HER DUTIES; OR
4. THE PERFORMANCE OF ANY TASKS AND RESPONSIBILITIES BY ANY INDIVIDUAL
LEGALLY CARRYING OUT THE EXAMINATIONS AND TESTS ENUMERATED IN SUBDIVI-
SION TWO OF SECTION FIVE HUNDRED SEVENTY-NINE OF THIS CHAPTER.
§ 3. The state finance law is amended by adding a new section 98-d to
read as follows:
§ 98-D. LICENSED HEALTHCARE PROFESSIONS ACCOUNT. 1. THERE IS HEREBY
ESTABLISHED IN THE JOINT CUSTODY OF THE STATE COMPTROLLER AND THE
COMMISSIONER OF TAXATION AND FINANCE AN ACCOUNT OF THE MISCELLANEOUS
SPECIAL REVENUE FUND TO BE KNOWN AS THE LICENSED HEALTHCARE PROFESSIONS
ACCOUNT.
2. NOTWITHSTANDING ANY OTHER LAW, RULE OR REGULATION TO THE CONTRARY,
THE STATE COMPTROLLER IS HEREBY AUTHORIZED AND DIRECTED TO RECEIVE FOR
DEPOSIT TO THE CREDIT OF THE LICENSED HEALTHCARE PROFESSIONS ACCOUNT,
PAYMENTS RELATING TO THE RESPONSIBILITIES OF THE DEPARTMENT OF HEALTH
PURSUANT TO ARTICLE FIFTY-ONE OF THE PUBLIC HEALTH LAW, INCLUDING FEES
FOR PROFESSIONAL LICENSES AND REGISTRATION, PENALTIES FOR PROFESSIONAL
MISCONDUCT, CHARGES FOR TEST ADMINISTRATION, VERIFICATION AND CERTIF-
ICATION OF CREDENTIALS, AND RESTORATION OF REVOKED AND ANNULLED
LICENSES, AND SURCHARGES AND CHARGES AS ESTABLISHED BY STATUTE OR BY THE
DEPARTMENT OF HEALTH'S REGULATIONS PURSUANT TO SUCH ARTICLE.
3. MONEYS OF THIS ACCOUNT, FOLLOWING APPROPRIATION BY THE LEGISLATURE,
SHALL BE AVAILABLE TO THE DEPARTMENT OF HEALTH FOR SERVICES AND EXPENSES
FOR REGULATION, OVERSIGHT, AND ENFORCEMENT OF LICENSED HEALTHCARE
PROFESSIONS ENUMERATED IN ARTICLE FIFTY-ONE OF THE PUBLIC HEALTH LAW.
§ 4. Subdivision (d) of section 4504 of the civil practice law and
rules, as added by chapter 987 of the laws of 1971, is amended to read
as follows:
(d) Proof of negligence; unauthorized practice of medicine. In any
action for damages for personal injuries or death against a person not
authorized to practice medicine under [article 131 of the education law]
TITLE 2 OF ARTICLE 51 OF THE PUBLIC HEALTH LAW for any act or acts
constituting the practice of medicine, when such act or acts were a
competent producing proximate or contributing cause of such injuries or
death, the fact that such person practiced medicine without being so
authorized shall be deemed prima facie evidence of negligence.
§ 5. 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] TITLE 2 OF ARTICLE 51 OF THE PUBLIC HEALTH LAW, each member of such
limited liability company must be licensed pursuant to [article 131 of
the education law] TITLE 2 OF ARTICLE 51 OF THE PUBLIC HEALTH 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] TITLE 7 OF
S. 4007--A 480 A. 3007--A
ARTICLE 51 OF THE PUBLIC HEALTH LAW, each member of such limited liabil-
ity company must be licensed pursuant to [article 133 of the education
law] TITLE 7 OF ARTICLE 51 OF THE PUBLIC HEALTH LAW to practice dentis-
try 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] TITLE 18 OF ARTICLE 51 OF
THE PUBLIC HEALTH LAW, each member of such limited liability company
shall be licensed pursuant to [article 154 of the education law] TITLE
18 OF ARTICLE 51 OF THE PUBLIC HEALTH LAW to practice licensed clinical
social work in this state. With respect to a professional service limit-
ed liability company formed to provide creative arts therapy services as
such services are defined in [article 163 of the education law] TITLE 25
OF ARTICLE 51 OF THE PUBLIC HEALTH LAW, each member of such limited
liability company must be licensed pursuant to [article 163 of the
education law] TITLE 25 OF ARTICLE 51 OF THE PUBLIC HEALTH LAW to prac-
tice 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] TITLE 25 OF ARTICLE 51 OF THE PUBLIC HEALTH LAW, each
member of such limited liability company must be licensed pursuant to
[article 163 of the education law] TITLE 25 OF ARTICLE 51 OF THE PUBLIC
HEALTH 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] TITLE 25 OF ARTICLE 51 OF THE
PUBLIC HEALTH LAW, each member of such limited liability company must be
licensed pursuant to [article 163 of the education law] TITLE 25 OF
ARTICLE 51 OF THE PUBLIC HEALTH 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] TITLE 25 OF ARTICLE 51 OF
THE PUBLIC HEALTH LAW, each member of such limited liability company
must be licensed pursuant to [article 163 of the education law] TITLE 25
OF ARTICLE 51 OF THE PUBLIC HEALTH 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] TITLE 29 OF
ARTICLE 51 OF THE PUBLIC HEALTH LAW, each member of such limited liabil-
ity company must be licensed or certified pursuant to [article 167 of
the education law] TITLE 29 OF ARTICLE 51 OF THE PUBLIC HEALTH LAW to
practice applied behavior analysis in this state. In addition to engag-
ing 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
S. 4007--A 481 A. 3007--A
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.
§ 6. 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
[article 131 of the education law] TITLE 2 OF ARTICLE 51 OF THE PUBLIC
HEALTH LAW, each member of such limited liability company must be
licensed pursuant to [article 131 of the education law] TITLE 2 OF ARTI-
CLE 51 OF THE PUBLIC HEALTH 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] TITLE 7 OF ARTICLE 51 OF THE PUBLIC HEALTH LAW, each
member of such limited liability company must be licensed pursuant to
[article 133 of the education law] TITLE 7 OF ARTICLE 51 OF THE PUBLIC
HEALTH LAW to practice dentistry in this state. With respect to a
professional service limited liability company formed to provide veteri-
nary services as such services are defined in article 135 of the educa-
tion 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 limit-
ed liability company formed to provide licensed clinical social work
services as such services are defined in [article 154 of the education
law] TITLE 18 OF ARTICLE 51 OF THE PUBLIC HEALTH LAW, each member of
such limited liability company shall be licensed pursuant to [article
154 of the education law] TITLE 18 OF ARTICLE 51 OF THE PUBLIC HEALTH
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] TITLE 25 OF ARTICLE 51 OF THE PUBLIC
HEALTH LAW, each member of such limited liability company must be
licensed pursuant to [article 163 of the education law] TITLE 25 OF
ARTICLE 51 OF THE PUBLIC HEALTH 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] TITLE 25 OF
ARTICLE 51 OF THE PUBLIC HEALTH LAW, each member of such limited liabil-
ity company must be licensed pursuant to [article 163 of the education
law] TITLE 25 OF ARTICLE 51 OF THE PUBLIC HEALTH 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
S. 4007--A 482 A. 3007--A
education law] TITLE 25 OF ARTICLE 51 OF THE PUBLIC HEALTH LAW, each
member of such limited liability company must be licensed pursuant to
[article 163 of the education law] TITLE 25 OF ARTICLE 51 OF THE PUBLIC
HEALTH 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] TITLE 25 OF ARTICLE 51 OF THE PUBLIC HEALTH
LAW, each member of such limited liability company must be licensed
pursuant to [article 163 of the education law] TITLE 25 OF ARTICLE 51 OF
THE PUBLIC HEALTH 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] TITLE 29 OF ARTICLE 51 OF THE
PUBLIC HEALTH LAW, each member of such limited liability company must be
licensed or certified pursuant to [article 167 of the education law]
TITLE 29 OF ARTICLE 51 OF THE PUBLIC HEALTH LAW to practice applied
behavior analysis in this state.
§ 7. Subdivisions (a), (b), (c) and (f) of section 1301 of the limited
liability company law, subdivisions (a) and (f) as amended by chapter
475 of the laws of 2014, are 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-
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] TITLE 2 OF ARTICLE 51 OF THE PUBLIC HEALTH LAW,
each member of such foreign professional service limited liability
company must be licensed pursuant to [article 131 of the education law]
TITLE 2 OF ARTICLE 51 OF THE PUBLIC HEALTH 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] TITLE 7 OF ARTICLE 51 OF
S. 4007--A 483 A. 3007--A
THE PUBLIC HEALTH LAW, each member of such foreign professional service
limited liability company must be licensed pursuant to [article 133 of
the education law] TITLE 7 OF ARTICLE 51 OF THE PUBLIC HEALTH LAW to
practice dentistry in this state. With respect to a foreign professional
service limited liability company which provides professional engineer-
ing, land surveying, geologic, architectural and/or landscape architec-
tural 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] TITLE 18 OF ARTICLE 51 OF THE PUBLIC
HEALTH LAW, each member of such foreign professional service limited
liability company shall be licensed pursuant to [article 154 of the
education law] TITLE 18 OF ARTICLE 51 OF THE PUBLIC HEALTH LAW to prac-
tice 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] TITLE 25 OF ARTICLE 51 OF THE PUBLIC HEALTH LAW, each
member of such foreign professional service limited liability company
must be licensed pursuant to [article 163 of the education law] TITLE 25
OF ARTICLE 51 OF THE PUBLIC HEALTH 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] TITLE 25
OF ARTICLE 51 OF THE PUBLIC HEALTH LAW, each member of such foreign
professional service limited liability company must be licensed pursuant
to [article 163 of the education law] TITLE 25 OF ARTICLE 51 OF THE
PUBLIC HEALTH 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] TITLE 25 OF ARTICLE 51 OF
THE PUBLIC HEALTH LAW, each member of such foreign professional service
limited liability company must be licensed pursuant to [article 163 of
the education law] TITLE 25 OF ARTICLE 51 OF THE PUBLIC HEALTH 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] TITLE 25 OF ARTICLE 51 OF THE PUBLIC HEALTH LAW, each
member of such foreign professional service limited liability company
must be licensed pursuant to [article 163 of the education law] TITLE 25
OF ARTICLE 51 OF THE PUBLIC HEALTH 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] TITLE 29
OF ARTICLE 51 OF THE PUBLIC HEALTH LAW, each member of such foreign
professional service limited liability company must be licensed or
certified pursuant to [article 167 of the education law] TITLE 29 OF
ARTICLE 51 OF THE PUBLIC HEALTH LAW to practice applied behavior analy-
sis in this state.
(b) "Licensing authority" means the regents of the university of the
state of New York or the state education department, as the case may be,
in the case of all professions licensed under title eight of the educa-
tion law, THE DEPARTMENT OF HEALTH IN THE CASE OF ALL PROFESSIONS
S. 4007--A 484 A. 3007--A
LICENSED UNDER ARTICLE FIFTY-ONE OF THE PUBLIC HEALTH LAW, and the
appropriate appellate division of the supreme court in the case of the
profession of law.
(c) "Profession" includes any practice as an attorney and counselor-
at-law, or as a licensed physician, and those professions designated in
title eight of the education law OR ARTICLE FIFTY-ONE OF THE PUBLIC
HEALTH LAW.
(f) "Professional partnership" means (1) a partnership without limited
partners each of whose partners is a professional authorized by law to
render a professional service within this state, (2) a partnership with-
out limited partners each of whose partners is a professional, at least
one of whom is authorized by law to render a professional service within
this state or (3) a partnership without limited partners authorized by,
or holding a license, certificate, registration or permit issued by the
licensing authority pursuant to the education law to render a profes-
sional service within this state; except that all partners of a profes-
sional partnership that provides medical services in this state must be
licensed pursuant to [article 131 of the education law] TITLE 2 OF ARTI-
CLE 51 OF THE PUBLIC HEALTH LAW to practice medicine in this state and
all partners of a professional partnership that provides dental services
in this state must be licensed pursuant to [article 133 of the education
law] TITLE 7 OF ARTICLE 51 OF THE PUBLIC HEALTH LAW to practice dentis-
try in this state; except that all partners of a professional partner-
ship that provides veterinary services in this state must be licensed
pursuant to article 135 of the education law to practice veterinary
medicine in this state; and further except that all partners of a
professional partnership that provides professional engineering, land
surveying, geologic, 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.
§ 8. The tenth, twelfth, fourteenth, and sixteenth undesignated para-
graphs of section 2 of the partnership law, the tenth, twelfth, and
sixteenth undesignated paragraphs as added by chapter 576 of the laws of
1994, and the fourteenth undesignated paragraph as amended by chapter
475 of the laws of 2014, are amended to read as follows:
"Licensing authority" means the regents of the university of the state
of New York or the state education department, as the case may be, in
the case of all professions licensed under title eight of the education
law, THE DEPARTMENT OF HEALTH IN THE CASE OF ALL PROFESSIONS LICENSED
UNDER ARTICLE FIFTY-ONE OF THE PUBLIC HEALTH LAW and the appropriate
appellate division of the supreme court in the case of the profession of
law.
"Profession" includes any practice as an attorney and counsellor-at-
law or as a licensed physician, and those professions designated in
title eight of the education law OR ARTICLE FIFTY-ONE OF THE PUBLIC
HEALTH LAW.
"Professional partnership" means (1) a partnership without limited
partners each of whose partners is a professional authorized by law to
render a professional service within this state, (2) a partnership with-
out limited partners each of whose partners is a professional, at least
one of whom is authorized by law to render a professional service within
this state or (3) a partnership without limited partners authorized by,
or holding a license, certificate, registration or permit issued by the
licensing authority pursuant to the education law to render a profes-
sional service within this state; except that all partners of a profes-
S. 4007--A 485 A. 3007--A
sional partnership that provides medical services in this state must be
licensed pursuant to [article 131 of the education law] TITLE 2 OF ARTI-
CLE 51 OF THE PUBLIC HEALTH LAW to practice medicine in this state and
all partners of a professional partnership that provides dental services
in this state must be licensed pursuant to [article 133 of the education
law] TITLE 7 OF ARTICLE 51 OF THE PUBLIC HEALTH LAW to practice dentis-
try in this state; and further except that all partners of a profes-
sional partnership that provides professional engineering, land survey-
ing, geologic, 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.
"Professional service corporation" means (i) a corporation organized
under article fifteen of the business corporation law and (ii) any other
corporation organized under the business corporation law or any prede-
cessor statute, which is authorized by, or holds a license, certificate,
registration or permit issued by, the licensing authority pursuant to
the education law OR THE PUBLIC HEALTH LAW to render professional
services within this state.
§ 9. 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] TITLE 2 OF ARTICLE 51 OF THE PUBLIC
HEALTH 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 [article 133 of the
education law] TITLE 7 OF ARTICLE 51 OF THE PUBLIC HEALTH LAW to prac-
tice 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 engineer-
ing, land surveying, geological services, architectural and/or landscape
architectural services in this state must be licensed pursuant to arti-
cle 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 regis-
tered 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] TITLE 18 OF ARTICLE 51 OF THE PUBLIC HEALTH
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] TITLE 25 OF ARTICLE 51 OF THE PUBLIC HEALTH LAW to
practice creative arts therapy in this state. Each partner of a regis-
tered limited liability partnership formed to provide marriage and fami-
ly therapy services in this state must be licensed pursuant to [article
163 of the education law] TITLE 25 OF ARTICLE 51 OF THE PUBLIC HEALTH
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] TITLE 25 OF ARTICLE 51 OF THE PUBLIC
HEALTH 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
S. 4007--A 486 A. 3007--A
[article 163 of the education law] TITLE 25 OF ARTICLE 51 OF THE PUBLIC
HEALTH 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] TITLE 29 OF ARTICLE 51 OF
THE PUBLIC HEALTH LAW to practice applied behavior analysis in this
state.
§ 10. 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] TITLE 2 OF ARTICLE 51 OF THE PUBLIC
HEALTH 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] TITLE 7 OF ARTICLE 51 OF THE PUBLIC HEALTH LAW to practice dentis-
try in this state. Each partner of a foreign limited liability partner-
ship 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, 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] TITLE 18
OF ARTICLE 51 OF THE PUBLIC HEALTH 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] TITLE 25
OF ARTICLE 51 OF THE PUBLIC HEALTH 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] TITLE 25 OF
ARTICLE 51 OF THE PUBLIC HEALTH LAW to practice marriage and family
therapy in this state. Each partner of a foreign limited liability part-
nership which provides mental health counseling services in this state
must be licensed pursuant to [article 163 of the education law] TITLE 25
OF ARTICLE 51 OF THE PUBLIC HEALTH 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] TITLE 25 OF
ARTICLE 51 OF THE PUBLIC HEALTH 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]
TITLE 29 OF ARTICLE 51 OF THE PUBLIC HEALTH LAW to practice applied
behavior analysis in this state.
§ 11. Section 24-a of the corrections law, as amended by chapter 322
of the laws of 2021, is amended to read as follows:
§ 24-a. Actions against persons rendering health care services at the
request of the department; defense and indemnification. The provisions
of section seventeen of the public officers law shall apply to any
person holding a license to practice a profession pursuant to [article
S. 4007--A 487 A. 3007--A
one hundred thirty-one, one hundred thirty-one-B, one hundred thirty-
two, one hundred thirty-three, one hundred thirty-six, one hundred thir-
ty-seven, one hundred thirty-nine, one hundred forty-one, one hundred
forty-three, one hundred fifty-six or one hundred fifty-nine of the
education law] TITLES TWO, FOUR, SIX, SEVEN, NINE, TEN, TWELVE, FOUR-
TEEN, FIFTEEN, TWENTY, AND TWENTY-TWO OF ARTICLE FIFTY-ONE OF THE PUBLIC
HEALTH LAW, who is rendering or has rendered professional services
authorized under such license while acting at the request of the depart-
ment or a facility of the department in providing health care and treat-
ment or professional consultation to incarcerated individuals of state
correctional facilities, or to the infant children of incarcerated indi-
viduals while such infants are cared for in facility nurseries pursuant
to section six hundred eleven of this chapter, without regard to whether
such health care and treatment or professional consultation is provided
within or without a correctional facility.
§ 12. Section 910 of the education law, as amended by chapter 477 of
the laws of 2004, is amended to read as follows:
§ 910. Choice of method of treatment. Whenever affected by the
requirements of this article, the school employee so affected, and, in
the case of a child, the parent of, or person in parental relation to,
such child, shall have the right to determine the form or manner of
treatment or remedial care to be prescribed or applied, but the treat-
ment or remedial care must be in accordance with and as allowed under
the provisions of [article one hundred thirty-one of this chapter] TITLE
TWO OF ARTICLE FIFTY-ONE OF THE PUBLIC HEALTH LAW.
§ 13. Section 522 of the executive law, as added by chapter 552 of the
laws of 1993, is amended to read as follows:
§ 522. Actions against persons rendering health care services at the
request of the division; defense and indemnification. The provisions of
section seventeen of the public officers law shall apply to any person
holding a license to practice a profession pursuant to [article one
hundred thirty-one, one hundred thirty-one-B, 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 fifty-six or one hundred fifty-nine of the
education law] TITLES TWO, FOUR, SIX, SEVEN, NINE, TEN, TWELVE, FOUR-
TEEN, FIFTEEN, TWENTY, AND TWENTY-TWO OF ARTICLE FIFTY-ONE OF THE PUBLIC
HEALTH LAW, who is rendering or has rendered professional services
authorized under such license while acting at the request of the divi-
sion or a facility of the division in providing health care and treat-
ment or professional consultation to residents of division facilities,
or to infants of residents while such infants are cared for in division
facilities pursuant to section five hundred sixteen of this [article]
SUBTITLE, without regard to whether such health care and treatment or
professional consultation is provided within or without a division
facility.
§ 14. Paragraph 4 of subdivision (a) of section 33.16 of the mental
hygiene law, as amended by chapter 226 of the laws of 1991, is amended
to read as follows:
4. "Mental health practitioner" or "practitioner" means a person
employed by or rendering a service at a facility maintaining the clin-
ical record licensed under [article one hundred thirty-one of the educa-
tion law] TITLE TWO OF ARTICLE FIFTY-ONE OF THE PUBLIC HEALTH LAW who
practices psychiatry or a person licensed under [article one hundred
thirty-nine, one hundred fifty-three or one hundred fifty-four of the
education law] TITLES TWELVE, SEVENTEEN, OR EIGHTEEN OF ARTICLE FIFTY-
S. 4007--A 488 A. 3007--A
ONE OF THE PUBLIC HEALTH LAW or any other person not prohibited by law
from providing mental health or developmental disabilities services.
§ 15. Section 14 of the public health law, as amended by chapter 2 of
the laws of 1998, is amended to read as follows:
§ 14. Actions against persons rendering professional services at the
request of the department; defense and indemnification. The provisions
of section seventeen of the public officers law shall apply to any
physician, dentist, nurse or other health care professional who: (i) is
licensed to practice pursuant to [article one hundred thirty-one, one
hundred thirty-one-B, one hundred thirty-three, one hundred thirty-six,
one hundred thirty-seven, one hundred thirty-nine, one hundred forty-
three, one hundred fifty-six, one hundred fifty-seven, one hundred
fifty-nine or one hundred sixty-four of the education law] TITLES TWO,
FOUR, SIX, SEVEN, NINE, TEN, TWELVE, FIFTEEN, TWENTY, TWENTY-ONE, TWEN-
TY-TWO AND TWENTY-SIX OF ARTICLE FIFTY-ONE OF THIS CHAPTER and who is
rendering professional treatment or consultation in connection with
professional treatment authorized under such license at the request of
the department, or at a departmental facility, including clinical prac-
tice provided pursuant to a clinical practice plan established pursuant
to subdivision fourteen of section two hundred six of this chapter, to
patients receiving care or professional consultation from the department
while rendering such professional treatment or consultation; (ii) is
rendering consultation in connection with an audit or prepayment review
of claims or treatment requests under the medical assistance program; or
(iii) assists the department as consultants or expert witnesses in the
investigation or prosecution of alleged violations of article twenty-
eight, thirty-six, forty-four or forty-seven of this chapter or rules
and regulations adopted pursuant thereto.
§ 16. Paragraph (d) of subdivision 1 of section 18 of the public
health law, as added by chapter 497 of the laws of 1986, is amended to
read as follows:
(d) "Health care practitioner" or "practitioner" means a person
licensed under [article one hundred thirty-one, one hundred
thirty-one-B, one hundred thirty-two, one hundred thirty-three, one
hundred thirty-six, one hundred thirty-nine, one hundred forty-one, one
hundred forty-three, one hundred forty-four, one hundred fifty-three,
one hundred fifty-four, one hundred fifty-six or one hundred fifty-nine
of the education law] TITLES TWO, FOUR, SIX, SEVEN, NINE, TWELVE, FOUR-
TEEN, FIFTEEN, SIXTEEN, SEVENTEEN, EIGHTEEN, TWENTY, AND TWENTY-TWO OF
ARTICLE FIFTY-ONE OF THIS CHAPTER or a person certified under FORMER
section twenty-five hundred sixty of this chapter.
§ 17. The opening paragraph of subdivision 1 of section 19 of the
public health law, as added by chapter 572 of the laws of 1990, is
amended to read as follows:
No physician licensed under [article one hundred thirty-one of the
education law] TITLE TWO OF ARTICLE FIFTY-ONE OF THIS CHAPTER shall
charge from a beneficiary of health insurance under title XVIII of the
federal social security act (medicare) any amount in excess of the
following limitations:
§ 18. Subdivisions 1 and 9-b, clause 2 of subparagraph (ii) of para-
graph (h) and paragraph (p) of subdivision 10, paragraph (a) of subdivi-
sion 11, paragraphs (a) and (b) of subdivision 13, and paragraph (c) of
subdivision 17 of section 230 of the public health law, subdivision 1 as
amended by chapter 537 of the laws of 1998, subdivision 9-b as amended
by chapter 11 of the laws of 2015, clause 2 of subparagraph (ii) of
paragraph (h) of subdivision 10 as amended by chapter 477 of the laws of
S. 4007--A 489 A. 3007--A
2008, paragraph (p) of subdivision 10 as amended by chapter 599 of the
laws of 1996, paragraph (a) of subdivision 11 as amended by chapter 627
of the laws of 1996, paragraphs (a) and (b) of subdivision 13 as added
by and paragraph (c) of subdivision 17 as amended by chapter 606 of the
laws of 1991, are amended to read as follows:
1. A state board for professional medical conduct is hereby created in
the department in matters of professional misconduct as defined in
sections sixty-five hundred thirty and sixty-five hundred thirty-one of
[the education law] THIS CHAPTER. Its physician members shall be
appointed by the commissioner at least eighty-five percent of whom shall
be from among nominations submitted by the medical society of the state
of New York, the New York state osteopathic society, the New York acade-
my of medicine, county medical societies, statewide specialty societies
recognized by the council of medical specialty societies, and the hospi-
tal association of New York state. Its lay members shall be appointed by
the commissioner with the approval of the governor. The board of regents
shall also appoint twenty percent of the members of the board. Not less
than sixty-seven percent of the members appointed by the board of
regents shall be physicians. Not less than eighty-five percent of the
physician members appointed by the board of regents shall be from among
nominations submitted by the medical society of the state of New York,
the New York state osteopathic society, the New York academy of medi-
cine, county medical societies, statewide medical societies recognized
by the council of medical specialty societies, and the hospital associ-
ation of New York state. Any failure to meet the percentage thresholds
stated in this subdivision shall not be grounds for invalidating any
action by or on authority of the board for professional medical conduct
or a committee or a member thereof. The board for professional medical
conduct shall consist of not fewer than eighteen physicians licensed in
the state for at least five years, two of whom shall be doctors of
osteopathy, not fewer than two of whom shall be physicians who dedicate
a significant portion of their practice to the use of non-conventional
medical treatments who may be nominated by New York state medical asso-
ciations dedicated to the advancement of such treatments, at least one
of whom shall have expertise in palliative care, and not fewer than
seven lay members. An executive secretary shall be appointed by the
chairperson and shall be a licensed physician. Such executive secretary
shall not be a member of the board, shall hold office at the pleasure
of, and shall have the powers and duties assigned and the annual salary
fixed by, the chairperson. The chairperson shall also assign such secre-
taries or other persons to the board as are necessary.
9-b. Neither the board for professional medical conduct nor the office
of professional medical conduct shall charge a licensee with misconduct
as defined in sections sixty-five hundred thirty and sixty-five hundred
thirty-one of [the education law] THIS CHAPTER, or cause a report made
to the director of such office to be investigated beyond a preliminary
review as set forth in clause (A) of subparagraph (i) of paragraph (a)
of subdivision ten of this section, where such report is determined to
be based solely upon the recommendation or provision of a treatment
modality to a particular patient by such licensee that is not
universally accepted by the medical profession, including but not limit-
ed to, varying modalities used in the treatment of Lyme disease and
other tick-borne diseases. When a licensee, acting in accordance with
paragraph e of subdivision four of section sixty-five hundred twenty-
seven of [the education law] THIS CHAPTER, recommends or provides a
treatment modality that effectively treats human disease, pain, injury,
S. 4007--A 490 A. 3007--A
deformity or physical condition for which the licensee is treating a
patient, the recommendation or provision of that modality to a partic-
ular patient shall not, by itself, constitute professional misconduct.
The licensee shall otherwise abide by all other applicable professional
requirements.
(2) make arrangements for the transfer and maintenance of the medical
records of his or her former patients. Records shall be either trans-
ferred to the licensee's former patients consistent with the provisions
of sections seventeen and eighteen of this chapter or to another physi-
cian or health care practitioner as provided in clause (1) of this
subparagraph who shall expressly assume responsibility for their care
and maintenance and for providing access to such records, as provided in
subdivisions twenty-two and thirty-two of section sixty-five hundred
thirty of [the education law] THIS CHAPTER, the rules of the [board of
regents] DEPARTMENT or the regulations of the commissioner of [educa-
tion] HEALTH and sections seventeen and eighteen of this chapter. When
records are not transferred to the licensee's former patients or to
another physician or health care practitioner, the licensee whose
license has been revoked, annulled, surrendered, suspended or restricted
shall remain responsible for the care and maintenance of the medical
records of his or her former patients and shall be subject to additional
proceedings pursuant to subdivisions twenty-two, thirty-two and forty of
section sixty-five hundred thirty of [the education law] THIS CHAPTER in
the event that the licensee fails to maintain those medical records or
fails to make them available to a former patient.
(p) Convictions of crimes or administrative violations. In cases of
professional misconduct based solely upon a violation of subdivision
nine of section sixty-five hundred thirty of [the education law] THIS
CHAPTER, the director may direct that charges be prepared and served and
may refer the matter to a committee on professional conduct for its
review and report of findings, conclusions as to guilt, and determi-
nation. In such cases, the notice of hearing shall state that the licen-
see shall file a written answer to each of the charges and allegations
in the statement of charges no later than ten days prior to the hearing,
and that any charge or allegation not so answered shall be deemed admit-
ted, that the licensee may wish to seek the advice of counsel prior to
filing such answer that the licensee may file a brief and affidavits
with the committee on professional conduct, that the licensee may appear
personally before the committee on professional conduct, may be repres-
ented by counsel and may present evidence or sworn testimony in his or
her behalf, and the notice may contain such other information as may be
considered appropriate by the director. The department may also present
evidence or sworn testimony and file a brief at the hearing. A steno-
graphic record of the hearing shall be made. Such evidence or sworn
testimony offered to the committee on professional conduct shall be
strictly limited to evidence and testimony relating to the nature and
severity of the penalty to be imposed upon the licensee. Where the
charges are based on the conviction of state law crimes in other juris-
dictions, evidence may be offered to the committee which would show that
the conviction would not be a crime in New York state. The committee on
professional conduct may reasonably limit the number of witnesses whose
testimony will be received and the length of time any witness will be
permitted to testify. The determination of the committee shall be served
upon the licensee and the department in accordance with the provisions
of paragraph (h) of this subdivision. A determination pursuant to this
S. 4007--A 491 A. 3007--A
subdivision may be reviewed by the administrative review board for
professional medical conduct.
(a) The medical society of the state of New York, the New York state
osteopathic society or any district osteopathic society, any statewide
medical specialty society or organization, and every county medical
society, every person licensed pursuant to [articles one hundred thir-
ty-one, one hundred thirty-one-B, one hundred thirty-three, one hundred
thirty-seven and one hundred thirty-nine of the education law] TITLES
TWO, FOUR, SEVEN, TEN, AND TWELVE OF ARTICLE FIFTY-ONE OF THIS CHAPTER,
and the chief executive officer, the chief of the medical staff and the
chairperson of each department of every institution which is established
pursuant to article twenty-eight of this chapter and a comprehensive
health services plan pursuant to article forty-four of this chapter or
article forty-three of the insurance law, shall, and any other person
may, report to the board any information which such person, medical
society, organization institution or plan has which reasonably appears
to show that a licensee is guilty of professional misconduct as defined
in sections sixty-five hundred thirty and sixty-five hundred thirty-one
of [the education law] THIS CHAPTER. Such reports shall remain confiden-
tial and shall not be admitted into evidence in any administrative or
judicial proceeding except that the board, its staff, or the members of
its committees may begin investigations on the basis of such reports and
may use them to develop further information.
(a) Temporary surrender. The license and registration of a licensee
who may be temporarily incapacitated for the active practice of medicine
and whose alleged incapacity has not resulted in harm to a patient may
be voluntarily surrendered to the board for professional medical
conduct, which may accept and hold such license during the period of
such alleged incapacity or the board for professional medical conduct
may accept the surrender of such license after agreement to conditions
to be met prior to the restoration of the license. The board shall give
prompt written notification of such surrender to the division of profes-
sional licensing services of the state education department, and to each
hospital at which the licensee has privileges. The licensee whose
license is so surrendered shall notify all patients and all persons who
request medical services that the licensee has temporarily withdrawn
from the practice of medicine. The licensure status of each such licen-
see shall be "inactive" and the licensee shall not be authorized to
practice medicine. The temporary surrender shall not be deemed to be an
admission of disability or of professional misconduct, and shall not be
used as evidence of a violation of subdivision seven or eight of section
sixty-five hundred thirty of [the education law] THIS CHAPTER unless the
licensee practices while the license is "inactive". Any such practice
shall constitute a violation of subdivision twelve of section sixty-five
hundred thirty of [the education law] THIS CHAPTER. The surrender of a
license under this subdivision shall not bar any disciplinary action
except action based solely upon the provisions of subdivision seven or
eight of section sixty-five hundred thirty of [the education law] THIS
CHAPTER and where no harm to a patient has resulted, and shall not bar
any civil or criminal action or proceeding which might be brought with-
out regard to such surrender. A surrendered license shall be restored
upon a showing to the satisfaction of a committee of professional
conduct of the state board for professional medical conduct that the
licensee is not incapacitated for the active practice of medicine
provided, however, that the committee may impose reasonable conditions
on the licensee, if it determined that due to the nature and extent of
S. 4007--A 492 A. 3007--A
the licensee's former incapacity such conditions are necessary to
protect the health of the people. The chairperson of the committee shall
issue a restoration order adopting the decision of the committee. Prompt
written notification of such restoration shall be given to the division
of professional licensing services of the [state education] department
and to all hospitals which were notified of the surrender of the
license.
(b) Permanent surrender. The license and registration of a licensee
who may be permanently incapacitated for the active practice of medi-
cine, and whose alleged incapacity has not resulted in harm to a
patient, may be voluntarily surrendered to the board for professional
medical conduct. The board shall give prompt written notification of
such surrender to the division of professional licensing services of the
state education department, and to each hospital at which the licensee
has privileges. The licensee whose license is so surrendered shall noti-
fy all patients and all persons who request medical services that the
licensee has permanently withdrawn from the practice of medicine. The
permanent surrender shall not be deemed to be an admission of disability
of or professional misconduct, and shall not be used as evidence of a
violation of subdivision seven or eight of section sixty-five hundred
thirty of [the education law] THIS CHAPTER. The surrender shall not bar
any civil or criminal action or proceeding which might be brought with-
out regard to such surrender. There shall be no restoration of a license
that has been surrendered pursuant to this subdivision.
(c) If the committee determines that reasonable cause exists as speci-
fied in paragraph (a) of this subdivision and that there is insufficient
evidence for the matter to constitute misconduct as defined in sections
sixty-five hundred thirty and section sixty-five hundred thirty-one of
[the education law] THIS CHAPTER, the committee may issue an order
directing that the licensee's practice of medicine be monitored for a
period specified in the order, which shall in no event exceed one year,
by a licensee approved by the director, which may include members of
county medical societies or district osteopathic societies designated by
the commissioner. The licensee responsible for monitoring the licensee
shall submit regular reports to the director. If the licensee refuses to
cooperate with the licensee responsible for monitoring or if the moni-
toring licensee submits a report that the licensee is not practicing
medicine with reasonable skill and safety to his or her patients, the
committee may refer the matter to the director for further proceedings
pursuant to subdivision ten of this section. An order pursuant to this
paragraph shall be kept confidential and shall not be subject to discov-
ery or subpoena, unless the licensee refuses to comply with the order.
§ 19. Paragraph (i) of subdivision 1 of section 230-d of the public
health law, as amended by chapter 438 of the laws of 2012, is amended to
read as follows:
(i) "Licensee" shall mean an individual licensed or otherwise author-
ized under article one hundred thirty-one, one hundred thirty-one-B,
individuals who have obtained an issuance of a privilege to perform
podiatric standard or advanced ankle surgery pursuant to subdivisions
one and two of section seven thousand nine of [the education law] THIS
CHAPTER.
§ 20. Subdivision 5 of section 230-d of the public health law, as
added by chapter 365 of the laws of 2007, is amended to read as follows:
5. The commissioner shall make, adopt, promulgate and enforce such
rules and regulations, as he or she may deem appropriate, to effectuate
the purposes of this section. Where any rule or regulation under this
S. 4007--A 493 A. 3007--A
section would affect the scope of practice of a health care practitioner
licensed, registered or certified under title eight of the education law
other than those licensed under [articles one hundred thirty-one or one
hundred thirty-one-B of the education law] ARTICLE FIFTY-ONE OF THIS
CHAPTER, the rule or regulation shall be made with the concurrence of
the commissioner of education.
§ 21. Paragraph (a) of subdivision 3 of section 260 of the public
health law, as amended by chapter 84 of the laws of 2006, is amended to
read as follows:
(a) is licensed, or exempt from licensure, pursuant to [articles one
hundred thirty-one, one hundred thirty-one-B, one hundred thirty-two,
one hundred thirty-three, one hundred thirty-six, one hundred thirty-
seven, one hundred thirty-nine, 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-seven, one hundred fifty-nine, one hundred
sixty, one hundred sixty-two, or one hundred sixty-four of the education
law] TITLES TWO, FOUR, SIX, SEVEN, NINE, TEN, TWELVE, THIRTEEN, FOUR-
TEEN, FIFTEEN, SIXTEEN, SEVENTEEN, EIGHTEEN, NINETEEN, TWENTY AND TWEN-
TY-SIX OF ARTICLE FIFTY-ONE OF THIS CHAPTER;
§ 22. Subdivision 1 of section 462 of the public health law, as
amended by chapter 562 of the laws of 2001, is amended to read as
follows:
1. This article shall not apply to or affect a physician duly licensed
under [article one hundred thirty-one of the education law] TITLE TWO OF
ARTICLE FIFTY-ONE OF THIS CHAPTER or x-ray technicians.
§ 23. Subdivision 2 of section 470 of the public health law, as added
by chapter 514 of the laws of 2004, is amended to read as follows:
2. No person shall perform a tongue-splitting on another person,
unless the person performing such tongue-splitting is licensed to prac-
tice medicine pursuant to [article one hundred thirty-one of the educa-
tion law] TITLE TWO OF ARTICLE FIFTY-ONE OF THIS CHAPTER or licensed to
practice dentistry pursuant to [article one hundred thirty-three of the
education law] TITLE SEVEN OF ARTICLE FIFTY-ONE OF THIS CHAPTER.
§ 24. Section 2509-c of the public health law, as added by section 5
of subpart A of part JJ of chapter 56 of the laws of 2021, is amended to
read as follows:
§ 2509-c. Availability of adverse childhood experiences services.
Every pediatrics health care provider licensed pursuant to [article one
hundred thirty-one of the education law] TITLE TWO OF ARTICLE FIFTY-ONE
OF THIS CHAPTER shall be required to provide the parent, guardian,
custodian or other authorized individual of a child that the pediatri-
cian sees in their official capacity, with educational materials devel-
oped pursuant to subdivision two of section three hundred seventy-c of
the social services law. Such materials may be provided electronically
and shall be used to inform and educate them about adverse childhood
experiences, the importance of protective factors and the availability
of services for children at risk for or experiencing adverse childhood
experiences.
§ 25. Subdivision 17 of section 2511 of the public health law, as
added by chapter 2 of the laws of 1998, is amended to read as follows:
17. The commissioner, in consultation with the superintendent, is
authorized to establish and operate a child health information service
which shall utilize advanced telecommunications technologies to meet the
health information and support needs of children, parents and medical
professionals, which shall include, but not be limited to, treatment
S. 4007--A 494 A. 3007--A
guidelines for children, treatment protocols, research articles and
standards for the care of children from birth through eighteen years of
age. Such information shall not constitute the practice of medicine, as
defined in [article one hundred thirty-one of the education law] TITLE
TWO OF ARTICLE FIFTY-ONE OF THIS CHAPTER.
§ 26. Paragraphs (a), (b), (c), (d), (e), (f), (g), (h), (i), (j),
(k), (l), (m) and (y) of subdivision 2 of section 2999-cc of the public
health law, paragraphs (a), (b), (c), (d), (e), (f), (g), (h), (i), (j),
(k), and (l) as amended and paragraph (m) as added by chapter 454 of the
laws of 2015, and paragraph (y) as amended by section 1 of part V of
chapter 57 of the laws of 2022, are amended to read as follows:
(a) a physician licensed pursuant to [article one hundred thirty-one
of the education law] TITLE TWO OF ARTICLE FIFTY-ONE OF THIS CHAPTER;
(b) a physician assistant licensed pursuant to [article one hundred
thirty-one-B of the education law] TITLE FOUR OF ARTICLE FIFTY-ONE OF
THIS CHAPTER;
(c) a dentist licensed pursuant to [article one hundred thirty-three
of the education law] TITLE SEVEN OF ARTICLE FIFTY-ONE OF THIS CHAPTER;
(d) a nurse practitioner licensed pursuant to [article one hundred
thirty-nine of the education law] TITLE TWELVE OF ARTICLE FIFTY-ONE OF
THIS CHAPTER;
(e) a registered professional nurse licensed pursuant to [article one
hundred thirty-nine of the education law] TITLE TWELVE OF ARTICLE
FIFTY-ONE OF THIS CHAPTER only when such nurse is receiving patient-
specific health information or medical data at a distant site by means
of remote patient monitoring;
(f) a podiatrist licensed pursuant to [article one hundred forty-one
of the education law] TITLE FOURTEEN OF ARTICLE FIFTY-ONE OF THIS CHAP-
TER;
(g) an optometrist licensed pursuant to [article one hundred forty-
three of the education law] TITLE FIFTEEN OF ARTICLE FIFTY-ONE OF THIS
CHAPTER;
(h) a psychologist licensed pursuant to [article one hundred fifty-
three of the education law] TITLE SEVENTEEN OF ARTICLE FIFTY-ONE OF
THIS CHAPTER;
(i) a social worker licensed pursuant to [article one hundred fifty-
four of the education law] TITLE EIGHTEEN OF ARTICLE FIFTY-ONE OF THIS
CHAPTER;
(j) a speech language pathologist or audiologist licensed pursuant to
[article one hundred fifty-nine of the education law] TITLE TWENTY-TWO
OF ARTICLE FIFTY-ONE OF THIS CHAPTER;
(k) a midwife licensed pursuant to [article one hundred forty of the
education law] TITLE THIRTEEN OF ARTICLE FIFTY-ONE OF THIS CHAPTER;
(l) a physical therapist licensed pursuant to [article one hundred
thirty-six of the education law] TITLE NINE OF ARTICLE FIFTY-ONE OF
THIS CHAPTER;
(m) an occupational therapist licensed pursuant to [article one
hundred fifty-six of the education law] TITLE TWENTY OF ARTICLE FIFTY-
ONE OF THIS CHAPTER;
(y) a mental health practitioner licensed pursuant to [article one
hundred sixty-three of the education law] TITLE TWENTY-FIVE OF ARTICLE
FIFTY-ONE OF THIS CHAPTER; and
§ 27. Subdivision 7 of section 2999-cc of the public health law, as
amended by section 3 of subpart C of part S of chapter 57 of the laws of
2018, is amended to read as follows:
S. 4007--A 495 A. 3007--A
7. "Remote patient monitoring" means the use of synchronous or asyn-
chronous electronic information and communication technologies to
collect personal health information and medical data from a patient at
an originating site that is transmitted to a telehealth provider at a
distant site for use in the treatment and management of medical condi-
tions that require frequent monitoring. Such technologies may include
additional interaction triggered by previous transmissions, such as
interactive queries conducted through communication technologies or by
telephone. Such conditions shall include, but not be limited to, conges-
tive heart failure, diabetes, chronic obstructive pulmonary disease,
wound care, polypharmacy, mental or behavioral problems, and technolo-
gy-dependent care such as continuous oxygen, ventilator care, total
parenteral nutrition or enteral feeding. Remote patient monitoring shall
be ordered by a physician licensed pursuant to [article one hundred
thirty-one of the education law] TITLE TWO OF ARTICLE FIFTY-ONE OF THIS
CHAPTER, a nurse practitioner licensed pursuant to [article one hundred
thirty-nine of the education law] TITLE TWELVE OF ARTICLE FIFTY-ONE OF
THIS CHAPTER, or a midwife licensed pursuant to [article one hundred
forty of the education law] TITLE THIRTEEN OF ARTICLE FIFTY-ONE OF THIS
CHAPTER, with which the patient has a substantial and ongoing relation-
ship.
§ 28. The opening paragraph of paragraph c of subdivision 1 and subdi-
vision 4 of section 3383 of the public health law, as added by chapter
494 of the laws of 1982, are amended to read as follows:
"Imitation controlled substance" means a substance, other than a drug
for which a prescription is required pursuant to [article one hundred
thirty-seven of the education law] TITLE TEN OF ARTICLE FIFTY-ONE OF
THIS CHAPTER, that is not a controlled substance, which by dosage unit
appearance, including color, shape and size and by a representation is
represented to be a controlled substance, as defined in the penal law.
Evidence of representations that the substance is a controlled substance
may include but is not limited to oral or written representations by the
manufacturer or seller, as the case may be, about the substance with
regard to:
4. No liability shall be imposed by virtue of this section on any
person licensed pursuant to [article one hundred thirty-one of the
education law] TITLE TWO OF ARTICLE FIFTY-ONE OF THIS CHAPTER or
licensed under this article who manufactures, [distributed] DISTRIBUTES,
sells, prescribes, dispenses or possesses an imitation controlled
substance for use as a placebo or for use in clinical research conducted
pursuant to the federal food, drug and cosmetic act.
§ 29. Section 3700 of the public health law, as amended by chapter 48
of the laws of 2012, is amended to read as follows:
§ 3700. Definitions. As used in this article:
1. Physician assistant. The term "physician assistant" means a person
who is licensed as a physician assistant pursuant to section sixty-five
hundred forty-one of the [education] PUBLIC HEALTH law.
2. Physician. The term "physician" means a practitioner of medicine
licensed to practice medicine pursuant to [article one hundred thirty-
one of the education law] TITLE TWO OF ARTICLE FIFTY-ONE OF THIS
CHAPTER.
3. Hospital. The term "hospital" means an institution or facility
possessing a valid operating certificate issued pursuant to article
twenty-eight of this chapter and authorized to employ physician assist-
ants in accordance with rules and regulations of the public health and
health planning council.
S. 4007--A 496 A. 3007--A
4. Approved program. The term "approved program" means a program for
the education of physician assistants which has been formally approved
by the [education] department.
§ 30. Section 3710 of the public health law, as amended by chapter 48
of the laws of 2012, is amended to read as follows:
§ 3710. Definitions. As used in this article:
1. Specialist assistant. The term "specialist assistant" means a
person who is registered pursuant to section sixty-five hundred forty-
eight of the [education] PUBLIC HEALTH law as a specialist assistant for
a particular medical speciality as defined by regulations promulgated by
the commissioner pursuant to section thirty-seven hundred eleven of this
article.
2. Physician. The term "physician" means a practitioner of medicine
licensed to practice medicine pursuant to [article one hundred thirty-
one of the education law] TITLE TWO OF ARTICLE FIFTY-ONE OF THIS
CHAPTER.
3. Hospital. The term "hospital" means an institution or facility
possessing a valid operating certificate issued pursuant to article
twenty-eight of this chapter and authorized to employ specialist assist-
ants in accordance with rules and regulations of the public health and
health planning council.
4. Approved program. The term "approved program" means a program for
the education of specialist assistants which has been formally approved
by the [education] department.
§ 31. Subdivision 2 of section 4702 of the public health law, as
amended by chapter 805 of the laws of 1984, is amended to read as
follows:
2. "Shared health facility" or "facility" means any arrangement where-
in four or more practitioners licensed under the provisions of [article
one hundred thirty-one, one hundred thirty-one-a, one hundred thirty-
two, one hundred thirty-three, one hundred thirty-seven, one hundred
thirty-nine, one hundred forty-one, one hundred forty-three, one hundred
forty-four, one hundred fifty-six or one hundred fifty-nine of the
education law] TITLES TWO, THREE, SIX, SEVEN, TWELVE, FOURTEEN, FIFTEEN,
SIXTEEN, TWENTY OR TWENTY-TWO OF ARTICLE FIFTY-ONE OF THIS CHAPTER, one
or more of whom receives payment under the program and whose total
aggregate monthly remuneration from such program is in excess of five
thousand dollars for any one month during the preceding twelve months,
(a) practice their professions at a common physical location; and (b)
share (i) common waiting areas, examining rooms, treatment rooms or
other space, or (ii) the services of supporting staff, or (iii) equip-
ment; and (c) a person, whether such person is a practitioner or not, is
in charge of, controls, manages or supervises substantial aspects of the
arrangement or operation for the delivery of health or medical services
at said common physical location, other than the direct furnishing of
professional services by the practitioners to their patients, or a
person makes available to the practitioners the services of supporting
staff who are not employees of the practitioners. "Shared health facil-
ity" does not mean or include practitioners practicing their profession
as a partnership provided that members of the supporting staff are
employees of such legal entity and if there is an office manager, or
person with similar title, he OR SHE is an employee of the legal entity
whose compensation is customary and not excessive for such services and
there is no person described in paragraph (c) of this subdivision.
"Shared health facility" does not mean or include any entity organized
pursuant to the provisions of article twenty-eight of this chapter or
S. 4007--A 497 A. 3007--A
operating under a certificate issued pursuant to the provisions of arti-
cle thirteen of the mental hygiene law; nor shall it mean or include a
facility wherein ambulatory medical services are provided by an organ-
ized group of physicians pursuant to an arrangement between such group
and a health services corporation operating under article forty-three of
the insurance law or a health maintenance organization operating under
article forty-four of the public health law, and where the health
services corporation or the health maintenance organization is reim-
bursed on a prepaid capitation basis for the provision of health care
services under New York state's medical assistance program.
§ 32. Subdivision 12 of section 130.00 of the penal law, as added by
chapter 1 of the laws of 2000, is amended to read as follows:
12. "Health care provider" means any person who is, or is required to
be, licensed or registered or holds himself or herself out to be
licensed or registered, or provides services as if he or she were
licensed or registered in the profession of medicine, chiropractic,
dentistry or podiatry under any of the following: [article one hundred
thirty-one, one hundred thirty-two, one hundred thirty-three, or one
hundred forty-one of the education law] TITLES TWO, SIX, SEVEN AND FOUR-
TEEN OF ARTICLE FIFTY-ONE OF THE PUBLIC HEALTH LAW.
§ 33. Paragraph (iv) of subdivision 5 of section 1750-b of the surro-
gate's court procedure act, as amended by chapter 198 of the laws of
2016, is amended to read as follows:
(iv) any other health care practitioner providing services to the
person who is intellectually disabled, who is licensed pursuant to
[article one hundred thirty-one, one hundred thirty-one-B, one hundred
thirty-two, one hundred thirty-three, one hundred thirty-six, one
hundred thirty-nine, one hundred forty-one, one hundred forty-three, one
hundred forty-four, one hundred fifty-three, one hundred fifty-four, one
hundred fifty-six, one hundred fifty-nine or one hundred sixty-four of
the education law] TITLES TWO, FOUR, SIX, SEVEN, NINE, TWELVE, FOURTEEN,
FIFTEEN, SIXTEEN, TWENTY AND TWENTY-TWO OF ARTICLE FIFTY-ONE OF THE
PUBLIC HEALTH LAW; or
§ 34. Subparagraph (iii) of paragraph (d) of subdivision 1 of section
367-a of the social services law, as amended by section 31 of part B of
chapter 57 of the laws of 2015, is amended to read as follows:
(iii) With respect to items and services provided to eligible persons
who are also beneficiaries under part B of title XVIII of the federal
social security act and items and services provided to qualified medi-
care beneficiaries under part B of title XVIII of the federal social
security act, the amount payable for services covered under this title
shall be the amount of any co-insurance liability of such eligible
persons pursuant to federal law were they not eligible for medical
assistance or were they not qualified medicare beneficiaries with
respect to such benefits under such part B, but shall not exceed the
amount that otherwise would be made under this title if provided to an
eligible person other than a person who is also a beneficiary under part
B or is a qualified medicare beneficiary minus the amount payable under
part B; provided, however, amounts payable under this title for items
and services provided to eligible persons who are also beneficiaries
under part B or to qualified medicare beneficiaries by an ambulance
service under the authority of an operating certificate issued pursuant
to article thirty of the public health law, a psychologist licensed
under [article one hundred fifty-three of the education law] TITLE
SEVENTEEN OF ARTICLE FIFTY-ONE OF THE PUBLIC HEALTH LAW, or a facility
under the authority of an operating certificate issued pursuant to arti-
S. 4007--A 498 A. 3007--A
cle sixteen, thirty-one or thirty-two of the mental hygiene law and with
respect to outpatient hospital and clinic items and services provided by
a facility under the authority of an operating certificate issued pursu-
ant to article twenty-eight of the public health law, shall not be less
than the amount of any co-insurance liability of such eligible persons
or such qualified medicare beneficiaries, or for which such eligible
persons or such qualified medicare beneficiaries would be liable under
federal law were they not eligible for medical assistance or were they
not qualified medicare beneficiaries with respect to such benefits under
part B.
§ 35. Subdivisions 2 and 3 of section 2999-r of the public health law,
as amended by chapter 461 of the laws of 2012, are amended to read as
follows:
2. With respect to the planning, implementation, and operation of
ACOs, the commissioner, by regulation, shall specifically delineate safe
harbors that exempt ACOs from the application of the following statutes:
(a) article twenty-two of the general business law relating to
arrangements and agreements in restraint of trade;
(b) [article one hundred thirty-one-A of the education law] TITLE
THREE OF ARTICLE FIFTY-ONE OF THIS CHAPTER relating to fee-splitting
arrangements; and
(c) title two-D of article two of this chapter relating to health care
practitioner referrals.
3. For the purposes of this article, an ACO shall be deemed to be a
hospital for purposes of sections twenty-eight hundred five-j, twenty-
eight hundred five-k, twenty-eight hundred five-l and twenty-eight
hundred five-m of this chapter and subdivisions three and five of
section sixty-five hundred twenty-seven of [the education law] THIS
CHAPTER.
§ 36. Paragraph (b) of subdivision 1 of section 4405-b of the public
health law, as amended by chapter 542 of the laws of 2000, is amended to
read as follows:
(b) An organization shall make a report to be made to the appropriate
professional disciplinary agency within thirty days of obtaining know-
ledge of any information that reasonably appears to show that a health
professional is guilty of professional misconduct as defined in [article
one hundred thirty or one hundred thirty-one-A of the education law]
TITLE ONE OR THREE OF ARTICLE FIFTY-ONE OF THIS CHAPTER. A violation of
this subdivision shall not be subject to the provisions of section
twelve-b of this chapter.
§ 37. Section 923 of the public health law, as added by section 23 of
part D of chapter 56 of the laws of 2012, is amended to read as follows:
§ 923. Definitions. The following words or phrases as used in this
section shall have the following meanings:
1. "Underserved area" means an area or medically underserved popu-
lation designated by the commissioner as having a shortage of primary
care physicians, other primary care practitioners, dental practitioners
or mental health practitioners.
2. "Primary care service corps practitioner" means a physician assist-
ant, nurse practitioner, midwife, general or pedodontic dentist, dental
hygienist, clinical psychologist, licensed clinical social worker,
psychiatric nurse practitioner, licensed marriage and family therapist,
or a licensed mental health counselor, who is licensed, registered, or
certified to practice in New York state and who provides coordinated
primary care services, including, but not limited to, oral health and
S. 4007--A 499 A. 3007--A
mental health services and meets the national health service corps state
loan repayment program eligibility criteria.
3. "Physician assistant" means a person who has been registered as
such pursuant to [article one hundred thirty-one-B of the education law]
TITLE FOUR OF ARTICLE FIFTY-ONE OF THIS CHAPTER and meets the national
health service corps state loan repayment program eligibility criteria.
4. "Nurse practitioner" means a person who has been certified as such
pursuant to section sixty-nine hundred ten of [the education law] THIS
CHAPTER and meets the national health service corps state loan repayment
program eligibility criteria.
5. "Midwife" means a person who has been licensed as such pursuant to
section sixty-nine hundred fifty-five of [the education law] THIS CHAP-
TER and meets the national health service corps state loan repayment
program eligibility criteria.
6. "Psychologist" means a person who has been licensed as such pursu-
ant to section seventy-six hundred three of [the education law] THIS
CHAPTER and meets the national health service corps state loan repayment
program eligibility criteria.
7. "Licensed clinical social worker" means a person who has been
licensed as such pursuant to section seventy-seven hundred two of [the
education law] THIS CHAPTER and meets the national health service corps
state loan repayment program eligibility criteria.
8. "Psychiatric nurse practitioner" means a nurse practitioner who, by
reason of training and experience, provides a full spectrum of psychiat-
ric care, assessing, diagnosing, and managing the prevention and treat-
ment of psychiatric disorders and mental health problems and meets the
national health service corps state loan repayment program eligibility
criteria.
9. "Licensed marriage and family therapist" means a person who has
been licensed as such pursuant to section eighty-four hundred three of
[the education law] THIS CHAPTER and meets the national health service
corps state loan repayment program eligibility criteria.
10. "Licensed mental health counselor" means a person who has been
licensed as such pursuant to section eighty-four hundred two of [the
education law] THIS CHAPTER and meets the national health service corps
state loan repayment program eligibility criteria.
11. "General or pedodontic dentist" means a person who has been
licensed or otherwise authorized to practice dentistry pursuant to
[article one hundred thirty-three of the education law] TITLE SEVEN OF
ARTICLE FIFTY-ONE OF THIS CHAPTER excluding orthodontists, endodontists
and periodontists and meets the national health service corps state loan
repayment program eligibility criteria.
12. "Dental hygienist" means a person who is licensed to practice
dental hygiene pursuant to section sixty-six hundred nine of [the educa-
tion law] THIS CHAPTER and meets the national health service corps state
loan repayment program eligibility criteria.
§ 38. Subdivision 3 of section 2998-e of the public health law, as
added by chapter 365 of the laws of 2007, is amended to read as follows:
3. The commissioner shall make, adopt, promulgate and enforce such
rules and regulations, as he or she may deem appropriate, to effectuate
the purposes of this section. [Where any rule or regulation under this
section would affect the scope of practice of a health care practitioner
licensed, registered or certified under title eight of the education law
other than those licensed under articles one hundred thirty-one or one
hundred thirty-one-B of the education law, the rule or regulation shall
be made with the concurrence of the commissioner of education.]
S. 4007--A 500 A. 3007--A
§ 39. Subdivision 3 of section 838 of the executive law, as amended by
chapter 708 of the laws of 1983, is amended to read as follows:
3. In addition to the foregoing provisions of this section, the county
medical examiner or coroner shall cause a dentist authorized to practice
pursuant to [article one hundred thirty-three of the education law]
TITLE FOUR OF ARTICLE FIFTY-ONE OF THE PUBLIC HEALTH LAW or a dental
student in a registered school of dentistry in this state to carry out a
dental examination of the deceased. The medical examiner or coroner
shall forward the dental examination records to the division on a form
supplied by the division for that purpose.
§ 40. Subdivisions 1 and 2 of section 1394-c of the public health law,
as amended by chapter 142 of the laws of 2022, are amended to read as
follows:
1. Camps for children with developmental disabilities, as defined in
regulations, and in compliance with the justice center for the
protection of people with special needs, shall be authorized to employ
or contract with any of the individuals licensed under [articles one
hundred thirty-two, one hundred thirty-six, one hundred fifty-six, one
hundred fifty-nine, one hundred sixty-two and one hundred sixty-seven of
the education law] TITLES FOUR, NINE, TWENTY, TWENTY-TWO, TWENTY-FOUR
AND TWENTY-NINE OF ARTICLE FIFTY-ONE OF THIS CHAPTER, to provide profes-
sional services for any period during which the camp has a valid permit
to operate. Individuals hired under this section shall communicate with
the camp health director when medically necessary for the sole purpose
of providing health services that benefit campers and staff at the camp
while the camp is in operation. In cases where the camp health direc-
tor's lawful scope of practice is more limited than that of the licensed
professional providing services, the camp health director shall not
supervise the provision of such treatment, but shall be informed of such
treatment as medically necessary to ensure the well-being of the camper
and staff.
2. All decisions, identification or coordination of professional
services, or other professional interactions with campers and staff,
must be made based on the professional judgment of such licensees to
provide professional services within his or her lawful scope of practice
for the purpose of treating campers and staff during their attendance or
employment at such camp, pursuant to applicable regulations [promulgated
by the commissioner in consultation with the commissioner of education].
§ 41. Subparagraphs (iii) and (iv) of paragraph (d) of subdivision 3
of section 13-c of the workers' compensation law, subparagraph (iii) as
added by chapter 803 of the laws of 1983 and subparagraph (iv) as added
by chapter 649 of the laws of 1985, are amended to read as follows:
(iii) When physical therapy care is required it shall be rendered by a
duly licensed physical therapist upon the referral which may be direc-
tive as to treatment of an authorized physician or podiatrist within the
scope of such physical therapist's specialized training and qualifica-
tions as defined in [article one hundred thirty-six of the education
law] TITLE NINE OF ARTICLE FIFTY-ONE OF THE PUBLIC HEALTH LAW. Reports
of such treatment and records of instruction for treatment, if any,
shall be maintained by the physical therapist and referring professional
and submitted to the chairman on such forms and at such times as the
chairman may require.
(iv) When occupational therapy care is required it shall be rendered
by a duly licensed and registered occupational therapist upon the
prescription or referral of an authorized physician within the scope of
such occupational therapist's specialized training and qualifications as
S. 4007--A 501 A. 3007--A
defined in [article one hundred fifty-six of the education law] TITLE
TWENTY OF ARTICLE FIFTY-ONE OF THE PUBLIC HEALTH LAW. Reports of such
treatment and records of instruction for treatment, if any, shall be
maintained by the occupational therapist and referring professional and
submitted to the chairman on such forms and at such times as the chair-
man may require.
§ 42. Subparagraphs (iii) and (iv) of paragraph (d) of subdivision 4
of section 13-c of the workers' compensation law, as added by chapter
362 of the laws of 1986, are amended to read as follows:
(iii) When physical therapy care is required it shall be rendered by a
duly licensed physical therapist upon the referral which may be direc-
tive as to treatment of an authorized physician or podiatrist within the
scope of such physical therapist's specialized training and qualifica-
tions as defined in [article one hundred thirty-six of the education
law] TITLE NINE OF ARTICLE FIFTY-ONE OF THE PUBLIC HEALTH LAW. Reports
of such treatment and records of instruction for treatment, if any,
shall be maintained by the physical therapist and referring professional
and submitted to the chairman of such forms and at such times as the
chairman may require.
(iv) When occupational therapy care is required it shall be rendered
by a duly licensed and registered occupational therapist upon the
prescription or referral of an authorized physician within the scope of
such occupational therapist's specialized training and qualifications as
defined in [article one hundred fifty-six of the education law] TITLE
TWENTY OF ARTICLE FIFTY-ONE OF THE PUBLIC HEALTH LAW. Reports of such
treatment and records of instruction for treatment, if any, shall be
maintained by the occupational therapist and referring professional and
submitted to the chairman on such forms and at such times as the chair-
man may require.
Reports of such treatment and supervision shall be made by such physi-
cian to the chairman on such forms and at such times as the chairman may
require.
§ 43. Subdivision 2 of section 40 of the cannabis law is amended to
read as follows:
2. Medical cannabis shall not be deemed to be a "drug" for purposes of
[article one hundred thirty-seven of the education law] TITLE TEN OF
ARTICLE FIFTY-ONE OF THE PUBLIC HEALTH LAW.
§ 44. Subdivision 25 of section 206 of the public health law, as added
by chapter 563 of the laws of 2008, is amended to read as follows:
25. (a) In assessing and reporting on the impact of section sixty-
eight hundred one of [the education law] THIS CHAPTER, pursuant to
subdivision four of such section the commissioner may use: (1) influenza
vaccine supply data from the federal centers for disease control and
prevention; (2) pneumococcal vaccine supply data provided by manufactur-
ers and distributors of such vaccine; and (3) data from a third party
entity that engages in the collection of data and tracking of pharmaceu-
tical sales and distribution. Manufacturers and distributors of pneumo-
coccal vaccine shall provide or arrange for the timely provision to the
commissioner of such data as the commissioner may reasonably request to
complete the report. Provider and customer identifiable information
submitted pursuant to this paragraph shall be confidential, unless the
information provider consents to its release or the commissioner deter-
mines disclosure is necessary to respond to an imminent public health
emergency.
(b) Notwithstanding the provisions of paragraph (a) of this subdivi-
sion, the commissioner may require reporting by entities licensed pursu-
S. 4007--A 502 A. 3007--A
ant to article twenty-eight or thirty-six of this chapter, pharmacies
registered pursuant to [article one hundred thirty-seven of the educa-
tion law] TITLE TEN OF ARTICLE FIFTY-ONE OF THE THIS CHAPTER, manufac-
turers and distributors of adult immunizing agents doing business in
this state, and others possessing such adult immunizing agents of addi-
tional information needed to respond to an imminent public health emer-
gency.
§ 45. Subdivisions 3 and 41 of section 3302 of the public health law,
as amended by chapter 92 of the laws of 2021, are amended to read as
follows:
3. "Agent" means an authorized person who acts on behalf of or at the
direction of a manufacturer, distributor, or dispenser. No person may be
authorized to so act if under [title VIII of the education law] ARTICLE
FIFTY-ONE OF THIS CHAPTER such person would not be permitted to engage
in such conduct. It does not include a common or contract carrier,
public warehouseman, or employee of the carrier or warehouseman when
acting in the usual and lawful course of the carrier's or warehouseman's
business.
41. "Outsourcing facility" means a facility that:
(a) is engaged in the compounding of sterile drugs as defined in
section sixty-eight hundred two of [the education law] THIS CHAPTER;
(b) is currently registered as an outsourcing facility pursuant to
[article one hundred thirty-seven of the education law] TITLE TEN OF
ARTICLE FIFTY-ONE OF THIS CHAPTER; and
(c) complies with all applicable requirements of federal and state
law, including the Federal Food, Drug and Cosmetic Act.
Notwithstanding any other provision of law to the contrary, when an
outsourcing facility distributes or dispenses any drug to any person
pursuant to a prescription, such outsourcing facility shall be deemed to
be providing pharmacy services and shall be subject to all laws, rules
and regulations governing pharmacies and pharmacy services.
§ 46. Subdivision 2 and subparagraphs (ii) and (iii) of paragraph (a)
of subdivision 3 of section 3309 of the public health law, as amended by
chapter 42 of the laws of 2014, are amended to read as follows:
2. Notwithstanding any inconsistent provisions of section sixty-five
hundred twelve of [the education law] THIS CHAPTER or any other law, the
purchase, acquisition, possession or use of an opioid antagonist pursu-
ant to this section shall not constitute the unlawful practice of a
profession or other violation under title eight of the education law,
ARTICLE FIFTY-ONE OF THIS CHAPTER, or this article.
(ii) "Health care professional" means a person licensed, registered or
authorized pursuant to [title eight of the education law] ARTICLE
FIFTY-ONE OF THIS CHAPTER to prescribe prescription drugs.
(iii) "Pharmacist" means a person licensed or authorized to practice
pharmacy pursuant to [article one hundred thirty-seven of the education
law] TITLE TEN OF ARTICLE FIFTY-ONE THIS CHAPTER.
§ 46-a. Paragraph (b) of subdivision 2 of section 3368 of the public
health law, as added by chapter 90 of the laws of 2014, is amended to
read as follows:
(b) Medical marihuana shall not be deemed to be a "drug" for purposes
of [article one hundred thirty-seven of the education law] TITLE TEN OF
ARTICLE FIFTY-ONE OF THIS CHAPTER.
§ 47. Subdivisions 1 and 4 of section 3381 of the public health law,
as amended by chapter 433 of the laws of 2021, are amended to read as
follows:
S. 4007--A 503 A. 3007--A
1. It shall be unlawful for any person to sell or furnish to another
person or persons, a hypodermic syringe or hypodermic needle except:
(a) pursuant to a prescription of a practitioner, which for the
purposes of this section shall include a patient specific prescription
form as provided for in [the education law] THIS CHAPTER; or
(b) to persons who have been authorized by the commissioner to obtain
and possess such instruments; or
(c) by a pharmacy licensed under [article one hundred thirty-seven of
the education law] TITLE TEN OF ARTICLE FIFTY-ONE OF THIS CHAPTER,
health care facility licensed under article twenty-eight of this chapter
or a health care practitioner who is otherwise authorized to prescribe
the use of hypodermic needles or syringes within his or her scope of
practice; provided, however, that such sale or furnishing: (i) shall
only be to a person eighteen years of age or older; and (ii) shall be in
accordance with subdivision four of this section; or
(d) under subdivision three of this section.
4. (a) A person eighteen years of age or older may obtain and possess
a hypodermic syringe or hypodermic needle pursuant to paragraph (c) of
subdivision one of this section.
(b) Subject to regulations of the commissioner, a pharmacy licensed
under [article one hundred thirty-seven of the education law] TITLE TEN
OF ARTICLE FIFTY-ONE OF THIS CHAPTER, a health care facility licensed
under article twenty-eight of this chapter or a health care practitioner
who is otherwise authorized to prescribe the use of hypodermic needles
or syringes within his or her scope of practice, may obtain and possess
hypodermic needles or syringes for the purpose of selling or furnishing
them pursuant to paragraph (c) of subdivision one of this section or for
the purpose of disposing of them.
(c) Sale or furnishing of hypodermic syringes or hypodermic needles to
direct consumers pursuant to this subdivision by a pharmacy, health care
facility, or health care practitioner shall be accompanied by a safety
insert. Such safety insert shall be developed or approved by the commis-
sioner and shall include, but not be limited to, (i) information on the
proper use of hypodermic syringes and hypodermic needles; (ii) the risk
of blood borne diseases that may result from the use of hypodermic
syringes and hypodermic needles; (iii) methods for preventing the trans-
mission or contraction of blood borne diseases; (iv) proper hypodermic
syringe and hypodermic needle disposal practices; (v) information on the
dangers of injection drug use, and how to access drug treatment; (vi) a
toll-free phone number for information on the human immunodeficiency
virus; and (vii) information on the safe disposal of hypodermic syringes
and hypodermic needles including the relevant provisions of the environ-
mental conservation law relating to the unlawful release of regulated
medical waste. The safety insert shall be attached to or included in the
hypodermic syringe and hypodermic needle packaging, or shall be given to
the purchaser at the point of sale or furnishing in brochure form.
(d) In addition to the requirements of paragraph (c) of subdivision
one of this section, a pharmacy licensed under [article one hundred
thirty-seven of the education law] TITLE TEN OF ARTICLE FIFTY-ONE OF
THIS CHAPTER may sell or furnish hypodermic needles or syringes only if
such pharmacy stores such needles and syringes in a manner that makes
them available only to authorized personnel and not openly available to
customers.
(e) A pharmacy registered under [article one hundred thirty-seven of
the education law] TITLE TEN OF ARTICLE FIFTY-ONE OF THIS CHAPTER may
offer counseling and referral services to customers purchasing hypoderm-
S. 4007--A 504 A. 3007--A
ic syringes for the purpose of: preventing injection drug abuse; the
provision of drug treatment; preventing and treating hepatitis C;
preventing drug overdose; testing for the human immunodeficiency virus;
and providing pre-exposure prophylaxis and non-occupational post-expo-
sure prophylaxis. The content of such counseling and referral shall be
at the professional discretion of the pharmacist.
(f) The commissioner shall promulgate rules and regulations necessary
to implement the provisions of this subdivision which shall include: (i)
standards for advertising to the public the availability for retail sale
or furnishing of hypodermic syringes or needles; and (ii) a requirement
that such pharmacies, health care facilities and health care practition-
ers cooperate in a safe disposal of used hypodermic needles or syringes.
(g) The commissioner may, upon the finding of a violation of this
section, suspend for a determinate period of time the sale or furnishing
of syringes by a specific entity.
§ 48. The opening paragraph of paragraph 15 of subdivision a of
section 265.20 of the penal law, as added by chapter 354 of the laws of
1996, is amended to read as follows:
Possession and sale of a self-defense spray device as defined in para-
graph fourteen of this subdivision by a dealer in firearms licensed
pursuant to section 400.00 of this chapter, a pharmacist licensed pursu-
ant to [article one hundred thirty-seven of the education law] TITLE TEN
OF ARTICLE FIFTY-ONE OF THE PUBLIC HEALTH LAW or by such other vendor as
may be authorized and approved by the superintendent of state police.
§ 49. Intentionally omitted.
§ 50. Section 182 of the general business law, as added by chapter 731
of the laws of 1952 and as renumbered by chapter 893 of the laws of
1958, is amended to read as follows:
§ 182. Cards to be furnished nurses; registry records. A nurses'
registry shall send out to practice nursing only persons duly licensed
pursuant to [article one hundred thirty-nine of the education law] TITLE
TWELVE OF ARTICLE FIFTY-ONE OF THE PUBLIC HEALTH LAW as a registered
professional nurse or licensed practical nurse. Every nurses' registry,
before sending a person out to practice nursing, shall investigate such
person's educational qualifications and verify such person's licensure
and current registration. At least two current written references shall
be required of such person. The record of such investigation and
verification shall be kept on file in the registry.
Every nurses' registry that sends out any such person shall at such
time give to such person and send to the employer of such person a card
stating (1) such person's name, address and salary, (2) whether such
person is a registered professional nurse or licensed practical nurse,
(3) the number of the current registration certificate issued to such
person by the [education] department OF HEALTH, and (4) a statement that
the record of such person's educational qualifications and experience in
the practice of nursing is on file in such registry and that a copy
thereof will be sent to such employer on request. A copy of such card
shall be kept on file in the registry.
The record of investigation and verification and the card-copy
required by this section to be kept on file shall be open to inspection
by any duly authorized agent of the university of the state of New York,
and every nurses' registry shall furnish a complete list of its regis-
trants on request of such agent.
§ 51. Subdivision 4 of section 185 of the general business law, as
amended by chapter 998 of the laws of 1960, is amended to read as
follows:
S. 4007--A 505 A. 3007--A
4. Types of employment. For the purpose of placing a ceiling over the
fees charged by persons conducting employment agencies, types of employ-
ment shall be classified as follows:
Class "A"--domestics, household employees, unskilled or untrained
manual workers and laborers, including agricultural workers;
Class "A1"--non-professional trained or skilled industrial workers or
mechanics;
Class "B"--commercial, clerical, executive, administrative and profes-
sional employment, all employment outside the continental United States,
and all other employment not included in classes "A", "A1", "C" and "D";
Class "C"--theatrical engagements;
Class "D"--nursing engagements as defined in TITLE TWELVE OF article
[one hundred thirty-nine of the education] FIFTY-ONE OF THE PUBLIC
HEALTH law.
§ 52. Item (i) of subparagraph (A) of paragraph 10 of subsection (i)
of section 3216 of the insurance law, as amended by chapter 238 of the
laws of 2010, is amended to read as follows:
(i) Every policy which provides hospital, surgical or medical coverage
shall provide coverage for maternity care, including hospital, surgical
or medical care to the same extent that hospital, surgical or medical
coverage is provided for illness or disease under the policy. Such
maternity care coverage, other than coverage for perinatal compli-
cations, shall include inpatient hospital coverage for mother and for
newborn for at least forty-eight hours after childbirth for any delivery
other than a caesarean section, and for at least ninety-six hours after
a caesarean section. Such coverage for maternity care shall include the
services of a midwife licensed pursuant to TITLE THIRTEEN OF article
[one hundred forty of the education] FIFTY-ONE OF THE PUBLIC HEALTH law,
practicing consistent with section sixty-nine hundred fifty-one of the
[education] PUBLIC HEALTH law and affiliated or practicing in conjunc-
tion with a facility licensed pursuant to article twenty-eight of the
public health law, but no insurer shall be required to pay for duplica-
tive routine services actually provided by both a licensed midwife and a
physician.
§ 53. Item (i) of subparagraph (A) of paragraph 5 of subsection (k)
of section 3221 of the insurance law, as amended by chapter 238 of the
laws of 2010, is amended to read as follows:
(i) Every group or blanket policy delivered or issued for delivery in
this state which provides hospital, surgical or medical coverage shall
include coverage for maternity care, including hospital, surgical or
medical care to the same extent that coverage is provided for illness or
disease under the policy. Such maternity care coverage, other than
coverage for perinatal complications, shall include inpatient hospital
coverage for mother and newborn for at least forty-eight hours after
childbirth for any delivery other than a caesarean section, and for at
least ninety-six hours after a caesarean section. Such coverage for
maternity care shall include the services of a midwife licensed pursuant
to TITLE THIRTEEN OF article [one hundred forty of the education]
FIFTY-ONE OF THE PUBLIC HEALTH law, practicing consistent with section
sixty-nine hundred fifty-one of the [education] PUBLIC HEALTH law and
affiliated or practicing in conjunction with a facility licensed pursu-
ant to article twenty-eight of the public health law, but no insurer
shall be required to pay for duplicative routine services actually
provided by both a licensed midwife and a physician.
S. 4007--A 506 A. 3007--A
§ 54. Subparagraph (A) of paragraph 1 of subsection (c) of section
4303 of the insurance law, as amended by chapter 238 of the laws of
2010, is amended to read as follows:
(A) Every contract issued by a corporation subject to the provisions
of this article which provides hospital service, medical expense indem-
nity or both shall provide coverage for maternity care including hospi-
tal, surgical or medical care to the same extent that hospital service,
medical expense indemnity or both are provided for illness or disease
under the contract. Such maternity care coverage, other than coverage
for perinatal complications, shall include inpatient hospital coverage
for mother and for newborn for at least forty-eight hours after child-
birth for any delivery other than a caesarean section, and for at least
ninety-six hours following a caesarean section. Such coverage for mater-
nity care shall include the services of a midwife licensed pursuant to
article [one hundred forty of the education] TITLE THIRTEEN OF ARTICLE
FIFTY-ONE OF THE PUBLIC HEALTH law, practicing consistent with section
sixty-nine hundred fifty-one of the [education] PUBLIC HEALTH law and
affiliated or practicing in conjunction with a facility licensed pursu-
ant to article twenty-eight of the public health law, but no insurer
shall be required to pay for duplicative routine services actually
provided by both a licensed midwife and a physician.
§ 55. Intentionally omitted.
§ 56. Paragraph b of subdivision 1 of section 167 of the labor law,
as amended by chapter 815 of the laws of 2022, is amended to read as
follows:
b. "Nurse" shall mean a registered professional nurse or a licensed
practical nurse as defined by TITLE TWELVE OF article [one hundred thir-
ty-nine] FIFTY-ONE of the [education] PUBLIC HEALTH law who provides
direct patient care.
§ 57. Subdivision 13 of section 700 of the county law, as added by
chapter 358 of the laws of 2012, is amended to read as follows:
13. In order to provide services to crime victims, witnesses, and
other persons involved in the criminal justice system, and to support
crime prevention programs, the district attorney may employ or contract
with persons licensed and registered to practice or otherwise authorized
under [article one hundred fifty-three, one hundred fifty-four, or one
hundred sixty-three of the education] TITLE SEVENTEEN, EIGHTEEN, OR
TWENTY-FIVE OF ARTICLE FIFTY-ONE OF THE PUBLIC HEALTH law, or contract
with entities authorized to provide the services specified in such arti-
cles, in connection with the provision of any services that such persons
or entities are authorized to provide and that are authorized by the
district attorney.
§ 58. Paragraph (vi) of subparagraph 1 of subdivision (e) of section
9.60 of the mental hygiene law, as amended by chapter 158 of the laws of
2005, is amended to read as follows:
(vi) a psychologist, licensed pursuant to TITLE SEVENTEEN OF article
[one hundred fifty-three of the education] FIFTY-ONE OF THE PUBLIC
HEALTH law, or a social worker, licensed pursuant to TITLE EIGHTEEN OF
article [one hundred fifty-four of the education] FIFTY-ONE OF THE
PUBLIC HEALTH law, who is treating the subject of the petition for a
mental illness; or
§ 59. Paragraph (b) of subdivision 1 of section 2828 of the public
health law, as added by section 1 of part GG of chapter 57 of the laws
of 2021, is amended to read as follows:
(b) Fifteen percent of costs associated with resident-facing staffing
contracted out by a facility for services provided by registered profes-
S. 4007--A 507 A. 3007--A
sional nurses or licensed practical nurses licensed pursuant to TITLE
TWELVE OF article [one hundred thirty-nine of the education law] FIFTY-
ONE OF THIS CHAPTER or certified nurse aides who have completed certif-
ication and training approved by the department shall be deducted from
the calculation of the amount spent on resident-facing staffing and
direct resident care.
§ 60. Paragraph (b) of subdivision 1 of section 2895-b of the public
health law, as added by chapter 156 of the laws of 2021, is amended to
read as follows:
(b) "Licensed nurse" means a registered professional nurse or licensed
practical nurse licensed pursuant to TITLE TWELVE OF article [one
hundred thirty-nine of the education law] FIFTY-ONE OF THIS CHAPTER.
§ 61. Paragraph (a) of subdivision 2, and subdivisions 5 and 8 of
section 13-m of the workers' compensation law, paragraph (a) of subdivi-
sion 2 as amended by section 6 of part CC of chapter 55 of the laws of
2019, and subdivisions 5 and 8 as added by chapter 589 of the laws of
1989, are amended to read as follows:
(a) An injured employee, injured under circumstances which make such
injury compensable under this article, may lawfully be treated by a
psychologist, duly registered and licensed by the state of New York,
authorized by the chair to render psychological care pursuant to section
thirteen-b of this article. Such services shall be within the scope of
such psychologist's specialized training and qualifications as defined
in TITLE SEVENTEEN OF article [one hundred fifty-three of the education]
FIFTY-ONE OF THE PUBLIC HEALTH law.
5. Fees for psychological services shall be payable only to a duly
authorized psychologist as licensed in TITLE SEVENTEEN OF article [one
hundred fifty-three of the education] FIFTY-ONE OF THE PUBLIC HEALTH
law, or to the agent, executor or administrator of the estate of such
psychologist. No psychologist rendering treatment to a compensation
claimant shall collect or receive a fee from such claimant within this
state, but shall have recourse for payment of services rendered only to
the employer under the provisions of this section.
8. Within the limits prescribed by the [education] PUBLIC HEALTH law
for psychological care and treatment, the report or testimony of an
authorized psychologist concerning the condition of an injured employee
and treatment thereof shall be deemed competent evidence and the profes-
sional opinion of the psychologist as to causal relation and as to
required treatment shall be deemed competent but shall not be control-
ling. Nothing in this section shall be deemed to deprive any employer or
insurance carrier of any right to a medical examination or presentation
of medical testimony now conferred by law.
§ 62. Subdivision 1 of section 794 of the general business law, as
amended by chapter 301 of the laws of 2000, is amended to read as
follows:
1. Prior to the expiration of a certificate of registration and as a
condition of renewal, each hearing aid dispenser registered pursuant to
subdivision one of section seven hundred ninety of this article shall
submit documentation showing successful completion of twenty continuing
education credits through a course or courses approved by the secretary
in consultation with the advisory board, or, in relation to audiologists
licensed pursuant to TITLE TWENTY-TWO OF article [one hundred fifty-nine
of the education] FIFTY-ONE OF THE PUBLIC HEALTH law, the office of the
professions in the [education] department OF HEALTH. Such formal courses
of learning shall include, but not be limited to, collegiate level of
credit in non-credit courses, professional development programs and
S. 4007--A 508 A. 3007--A
technical sessions offered by national, state and local professional
associations and other organizations acceptable to the secretary and any
other organized educational and technical programs acceptable to the
secretary. The secretary may, in his or her discretion, and as needed to
contribute to the health and welfare of the public, require the
completion of continuing education courses in specific subjects to
fulfill this mandatory continuing education requirement. Courses shall
be taken from a sponsor approved by the secretary pursuant to regu-
lations promulgated pursuant to this section.
§ 63. Subdivision 2 of section 794 of the general business law, as
amended by chapter 301 of the laws of 2000, is amended to read as
follows:
2. A hearing aid dispenser registered under paragraph (b) of subdivi-
sion one of section seven hundred ninety of this article may satisfy the
requirements of subdivision one of this section by demonstrating to the
secretary compliance with such continuing competency requirements as are
prescribed by TITLE TWENTY-TWO OF article [one hundred fifty-nine of the
education] FIFTY-ONE OF THE PUBLIC HEALTH law, provided, however, that,
such persons shall submit documentation showing the successful
completion of four continuing education credits relating to the dispens-
ing of hearing aids.
§ 64. Paragraph (f) of subdivision 4, subdivision 10, and paragraph
(a) of subdivision 15 of section 798 of the general business law, para-
graph (f) of subdivision 4 as added by chapter 599 of the laws of 1998,
subdivision 10 as amended by chapter 301 of the laws of 2000, and para-
graph (a) of subdivision 15 as amended by chapter 133 of the laws of
1999 are amended to read as follows:
(f) if applicable, requirements otherwise provided under TITLE TWEN-
TY-TWO OF article [one hundred fifty-nine of the education] FIFTY-ONE OF
THE PUBLIC HEALTH law.
10. (a) A hearing aid dispenser, not otherwise licensed pursuant to
TITLE TWENTY-TWO OF article [one hundred fifty-nine of the education]
FIFTY-ONE OF THE PUBLIC HEALTH law, shall provide any prospective hear-
ing aid users with a copy of their audiogram which shall include pure-
tone (air and bone conduction) and speech audiometry test results, upon
completion of such audiometric tests. Such audiogram shall clearly and
conspicuously contain the following statement: "This information is
intended for the sole purpose of fitting or selecting a hearing aid and
is not a medical examination or audiological evaluation".
(b) Hearing aid dispensers licensed under TITLE TWENTY-TWO OF article
[one hundred fifty-nine of the education] FIFTY-ONE OF THE PUBLIC HEALTH
law shall comply with the provisions of such article in the conduct of
audiological evaluations and shall further provide a copy of the results
of any audiological evaluation to any prospective hearing aid users with
the following statement: "This is an audiological evaluation and is not
a medical examination".
(a) no hearing aid dispenser shall, through advertisement, indicate or
imply that any type of medical examination or audiological evaluation
will be provided or that the dispenser has been recommended by anyone
other than an individual licensed to perform such examination or evalu-
ation; provided, however, that nothing in this paragraph shall restrict
or limit any person licensed under TITLE TWENTY-TWO OF article [one
hundred fifty-nine of the education] FIFTY-ONE OF THE PUBLIC HEALTH law
from performing any activity thereunder or from stating in an advertise-
ment that an audiological evaluation will be provided where an audiolog-
ical evaluation is to be provided;
S. 4007--A 509 A. 3007--A
§ 65. Subdivision 2 of section 789 of the general business law, as
amended by chapter 301 of the laws of 2000, is amended to read as
follows:
2. "Audiologist" means an individual who is licensed under TITLE TWEN-
TY-TWO OF article [one hundred fifty-nine of the education] FIFTY-ONE OF
THE PUBLIC HEALTH law to evaluate hearing, and hearing and communication
disorders and to engage in those practices defined in section eighty-two
hundred three of the [education] PUBLIC HEALTH law.
§ 66. Subdivision 9 of section 789 of the general business law, as
added by chapter 599 of the laws of 1998, is amended to read as follows:
9. "Otolaryngologist" means a physician licensed under TITLE TWO OF
article [one hundred thirty-one of the education] FIFTY-ONE OF THE
PUBLIC HEALTH law, who practices that branch of medicine which treats
diseases of the ear, nose and throat.
§ 67. Subdivisions 1, 3 and 4 of section 790 of the general business
law, subdivision 1 as added by chapter 599 of the laws of 1998, subdi-
vision 3 as amended by chapter 133 of the laws of 1999 and subdivision 4
as amended by chapter 301 of the laws of 2000, are amended to read as
follows:
1. Any person desiring to be engaged in the dispensing of hearing aids
in this state shall be registered biennially pursuant to this article.
Such person shall file with the secretary an application to be regis-
tered as a hearing aid dispenser. The secretary shall examine each
application and issue a certificate of registration if either of the
following criteria are satisfied:
(a) (i) the applicant is twenty-one years of age or older;
(ii) is of good moral character;
(iii) has received a high school diploma or its equivalent;
(iv) has two years college accredited coursework or its equivalent;
(v) has fully completed the required training program;
(vi) has achieved a passing score on the required examination;
(vii) has not had a registration, license or other authorization to
dispense hearing aids suspended or revoked;
(viii) has paid the appropriate fees according to the provisions of
section seven hundred ninety-seven of this article; and
(ix) on or after January first, two thousand three, the applicant
shall demonstrate the successful completion of post-secondary coursework
approved by the secretary in conjunction with the advisory board; or
(b) (i) the applicant has submitted proof of licensure under [article
one hundred fifty-nine of the education law] TITLE TWENTY-TWO OF ARTICLE
FIFTY-ONE OF THE PUBLIC HEALTH LAW as a licensed audiologist;
(ii) has paid the appropriate fees according to the provisions of
section seven hundred ninety-seven of this article;
(iii) has achieved a passing score on the practical test of proficien-
cy required pursuant to subdivision six of section seven hundred nine-
ty-six of this article or who submits evidence satisfactory to the
secretary of experience in dispensing hearing aids; and
(iv) has not had a registration, license or other authorization to
dispense hearing aids suspended or revoked according to the provisions
of section seven hundred ninety-nine of this article.
3. (a) Any person who has been continuously registered as a hearing
aid dealer pursuant to the former article thirty-seven-A of this chapter
for the three years immediately preceding January first, two thousand or
who submits evidence satisfactory to the secretary of experience in the
business of dispensing hearing aids in this state for the three years
immediately preceding January first, two thousand, upon payment of
S. 4007--A 510 A. 3007--A
applicable fees, shall be registered as a hearing aid dispenser and
shall be exempt from requirements set forth in subparagraphs (iv), (v),
(vi) and (ix) of paragraph (a) of subdivision one of this section.
(b) Any person who has been continuously registered as a hearing aid
dealer pursuant to the former article thirty-seven-A of this chapter for
less than three years but more than one year immediately preceding Janu-
ary first, two thousand, or who submits evidence satisfactory to the
secretary of less than three years but more than one year's continuous
experience in the business of dispensing hearing aids in this state
immediately preceding January first, two thousand, may pay the applica-
ble fees and register as a hearing aid dispenser. Such registrant shall
be exempt from the requirements set forth in subparagraphs (iv), (v) and
(ix) of paragraph (a) of subdivision one of this section. Such regis-
trant shall achieve a passing score on the required registration exam-
ination by December thirty-first, two thousand; provided further that,
upon failing to achieve a passing score such person shall continue under
the supervision of a registered hearing aid dispenser until such time as
a passing score is achieved, provided that such passing score is
achieved on an examination administered within twelve months of the
first examination.
(c) Any individual who has been continuously registered as a hearing
aid dealer pursuant to the former article thirty-seven-A of this chapter
for less than twelve months immediately preceding January first, two
thousand or any individual with less than twelve months experience in
the business of dispensing hearing aids in this state immediately
preceding January first, two thousand shall be required to comply with
all the requirements set forth in subdivision one of this section.
(d) Any person licensed pursuant to [article one hundred fifty-nine of
the education law] TITLE TWENTY-TWO OF ARTICLE FIFTY-ONE OF THE PUBLIC
HEALTH LAW, who submits evidence satisfactory to the secretary of expe-
rience of dispensing hearing aids in this state for the period imme-
diately preceding January first, two thousand, upon payment of applica-
ble fees shall be registered as a hearing aid dispenser and shall be
exempt from requirements set forth in subparagraph (iii) of paragraph
(b) of subdivision one of this section.
4. Upon application to the secretary, a temporary certificate of
registration authorized under section seven hundred ninety-five of this
article shall be issued to: (i) individuals who prove to the satisfac-
tion of the secretary that he or she will be supervised and trained by
one or more registered hearing aid dispensers for a period of twelve
months or (ii) individuals who are candidates for licensure under [arti-
cle one hundred fifty-nine of the education] TITLE TWENTY-TWO OF ARTICLE
FIFTY-ONE OF THE PUBLIC HEALTH law, have satisfied the educational
requirement in subdivision two of section eighty-two hundred six of the
[education] PUBLIC HEALTH law, and are actively engaged in completing
the experience requirement in subdivision three of section eighty-two
hundred six of the [education] PUBLIC HEALTH law. A temporary certif-
icate of registration may be renewed only once.
(a) A person holding a temporary certificate of registration shall not
be the sole proprietor of, manage, or independently operate a business
which engages in the business of dispensing hearing aids unless such
business employs a registered hearing aid dispenser.
(b) A person holding a temporary certificate of registration shall not
advertise or otherwise represent that he or she holds a certificate of
registration as a hearing aid dispenser.
S. 4007--A 511 A. 3007--A
(c) A person holding a temporary certificate of registration who is a
candidate for licensure under [article one hundred fifty-nine of the
education law] TITLE TWENTY-TWO OF ARTICLE FIFTY-ONE OF THE PUBLIC
HEALTH LAW shall be exempt from the requirement to complete the course
of instruction prescribed by section seven hundred ninety-six of this
article.
§ 68. Clause (E) of subparagraph (iii) of paragraph (a) of subdivi-
sion 4 of section 364-j of the social services law, as added by chapter
37 of the laws of 2010, is amended to read as follows:
(E) the services are optometric services, as defined in [article one
hundred forty-three of the education law] TITLE FIFTEEN OF ARTICLE
FIFTY-ONE OF THE PUBLIC HEALTH LAW, and are provided by a diagnostic and
treatment center licensed under article twenty-eight of the public
health law which is affiliated with the college of optometry of the
state university of New York and which has been granted an operating
certificate pursuant to article twenty-eight of the public health law to
provide such optometric services. Any diagnostic and treatment center
providing optometric services pursuant to this clause shall prior to
June first of each year report to the governor, temporary president of
the senate and speaker of the assembly on the following: the total
number of visits made by medical assistance recipients during the imme-
diately preceding calendar year; the number of visits made by medical
assistance recipients during the immediately preceding calendar year by
recipients who were enrolled in managed care programs; the number of
visits made by medical assistance recipients during the immediately
preceding calendar year by recipients who were enrolled in managed care
programs that provide optometric benefits as a covered service; and the
number of visits made by the uninsured during the immediately preceding
calendar year; or
§ 69. Subdivision 3 of section 250.10 of the criminal procedure law,
as added by chapter 548 of the laws of 1980, is amended to read as
follows:
3. When a defendant, pursuant to subdivision two of this section,
serves notice of intent to present psychiatric evidence, the district
attorney may apply to the court, upon notice to the defendant, for an
order directing that the defendant submit to an examination by a psychi-
atrist or licensed psychologist as defined in [article one hundred
fifty-three of the education law] TITLE SEVENTEEN OF ARTICLE FIFTY-ONE
OF THE PUBLIC HEALTH LAW designated by the district attorney. If the
application is granted, the psychiatrist or psychologist designated to
conduct the examination must notify the district attorney and counsel
for the defendant of the time and place of the examination. Defendant
has a right to have his counsel present at such examination. The
district attorney may also be present. The role of each counsel at such
examination is that of an observer, and neither counsel shall be permit-
ted to take an active role at the examination.
§ 70. Paragraph (r) of subdivision 1 of section 330.20 of the crimi-
nal procedure law, as added by chapter 548 of the laws of 1980, is
amended to read as follows:
(r) "Licensed psychologist" means a person who is registered as a
psychologist under [article one hundred fifty-three of the education
law] TITLE SEVENTEEN OF ARTICLE FIFTY-ONE OF THE PUBLIC HEALTH LAW.
§ 71. Subdivision 6 of section 730.10 of the criminal procedure law,
as renumbered by chapter 629 of the laws of 1974, is amended to read as
follows:
S. 4007--A 512 A. 3007--A
6. "Certified psychologist" means a person who is registered as a
certified psychologist under [article one hundred fifty-three of the
education law] TITLE SEVENTEEN OF ARTICLE FIFTY-ONE OF THE PUBLIC HEALTH
LAW.
§ 72. Section 4507 of the civil practice law and rules, as amended by
chapter 913 of the laws of 1984, is amended to read as follows:
§ 4507. Psychologist. The confidential relations and communications
between a psychologist registered under the provisions of [article one
hundred fifty-three of the education law] TITLE SEVENTEEN OF ARTICLE
FIFTY-ONE OF THE PUBLIC HEALTH LAW and his client are placed on the same
basis as those provided by law between attorney and client, and nothing
in such article shall be construed to require any such privileged commu-
nications to be disclosed.
A client who, for the purpose of obtaining insurance benefits, author-
izes the disclosure of any such privileged communication to any person
shall not be deemed to have waived the privilege created by this
section. For purposes of this section:
1. "person" shall mean any individual, insurer or agent thereof, peer
review committee, public or private corporation, political subdivision,
government agency, department or bureau of the state, municipality,
industry, co-partnership, association, firm, trust, estate or any other
legal entity whatsoever; and
2. "insurance benefits" shall include payments under a self-insured
plan.
§ 73. The opening paragraph of subdivision (a) of section 4508 of the
civil practice law and rules, as amended by chapter 230 of the laws of
2004, is amended to read as follows:
Confidential information privileged. A person licensed as a licensed
master social worker or a licensed clinical social worker under the
provisions of [article one hundred fifty-four of the education law]
TITLE EIGHTEEN OF ARTICLE FIFTY-ONE OF THE PUBLIC HEALTH LAW shall not
be required to disclose a communication made by a client, or his or her
advice given thereon, in the course of his or her professional employ-
ment, nor shall any clerk, stenographer or other person working for the
same employer as such social worker or for such social worker be allowed
to disclose any such communication or advice given thereon; except
§ 74. Paragraphs (g-1), (q), (r), (y), (z) and subparagraph (i) of
paragraph (x) of subdivision 2 of section 365-a of the social services
law, paragraph (g-1) as amended by section 9 of part D of chapter 57 of
the laws of 2017, paragraph (q) as amended by section 35 of part B of
chapter 58 of the laws of 2010, paragraph (r) as added by section 32 of
part C of chapter 58 of the laws of 2008, paragraphs (y) and (z) as
added by section 6 of part D of chapter 56 of the laws of 2012 and
subparagraph (i) of paragraph (x) as amended by chapter 61 of the laws
of 2020, are amended to read as follows:
(g-1) drugs provided on an in-patient basis, those drugs contained on
the list established by regulation of the commissioner of health pursu-
ant to subdivision four of this section, and those drugs which may not
be dispensed without a prescription as required by section sixty-eight
hundred ten of the [education] PUBLIC HEALTH law and which the commis-
sioner of health shall determine to be reimbursable based upon such
factors as the availability of such drugs or alternatives at low cost if
purchased by a medicaid recipient, or the essential nature of such drugs
as described by such commissioner in regulations, provided, however,
that such drugs, exclusive of long-term maintenance drugs, shall be
dispensed in quantities no greater than a thirty day supply or one
S. 4007--A 513 A. 3007--A
hundred doses, whichever is greater; provided further that the commis-
sioner of health is authorized to require prior authorization for any
refill of a prescription when more than a ten day supply of the previ-
ously dispensed amount should remain were the product used as normally
indicated, or in the case of a controlled substance, as defined in
section thirty-three hundred two of the public health law, when more
than a seven day supply of the previously dispensed amount should remain
were the product used as normally indicated; provided further that the
commissioner of health is authorized to require prior authorization of
prescriptions of opioid analgesics in excess of four prescriptions in a
thirty-day period in accordance with section two hundred seventy-three
of the public health law; medical assistance shall not include any drug
provided on other than an in-patient basis for which a recipient is
charged or a claim is made in the case of a prescription drug, in excess
of the maximum reimbursable amounts to be established by department
regulations in accordance with standards established by the secretary of
the United States department of health and human services, or, in the
case of a drug not requiring a prescription, in excess of the maximum
reimbursable amount established by the commissioner of health pursuant
to paragraph (a) of subdivision four of this section;
(q) diabetes self-management training services for persons diagnosed
with diabetes when such services are ordered by a physician, registered
physician assistant, registered nurse practitioner, or licensed midwife
and provided by a licensed, registered, or certified health care profes-
sional, as determined by the commissioner of health, who is certified as
a diabetes educator by the National Certification Board for Diabetes
Educators, or a successor national certification board, or provided by
such a professional who is affiliated with a program certified by the
American Diabetes Association, the American Association of Diabetes
Educators, the Indian Health Services, or any other national accredi-
tation organization approved by the federal centers for medicare and
medicaid services; provided, however, that the provisions of this para-
graph shall not take effect unless all necessary approvals under federal
law and regulation have been obtained to receive federal financial
participation in the costs of health care services provided pursuant to
this paragraph. Nothing in this paragraph shall be construed to modify
any licensure, certification or scope of practice provision under [title
eight of the education law] ARTICLE FIFTY-ONE OF THE PUBLIC HEALTH LAW.
(r) asthma self-management training services for persons diagnosed
with asthma when such services are ordered by a physician, registered
physician's assistant, registered nurse practitioner, or licensed
midwife and provided by a licensed, registered, or certified health care
professional, as determined by the commissioner of health, who is certi-
fied as an asthma educator by the National Asthma Educator Certification
Board, or a successor national certification board; provided, however,
that the provisions of this paragraph shall not take effect unless all
necessary approvals under federal law and regulation have been obtained
to receive federal financial participation in the costs of health care
services provided pursuant to this paragraph. Nothing in this paragraph
shall be construed to modify any licensure, certification or scope of
practice provision under [title eight of the education law] ARTICLE
FIFTY-ONE OF THE PUBLIC HEALTH LAW.
(i) lactation counseling services for pregnant and postpartum women
when such services are ordered by a physician, physician assistant,
nurse practitioner, or midwife and provided by a qualified lactation
care provider, as determined by the commissioner of health; provided,
S. 4007--A 514 A. 3007--A
however, that the provisions of this paragraph shall not take effect
unless all necessary approvals under federal law and regulation have
been obtained to receive federal financial participation in the costs of
health care services provided pursuant to this paragraph. Nothing in
this paragraph shall be construed to modify any licensure, certification
or scope of practice provision under [title eight of the education law]
ARTICLE FIFTY-ONE OF THE PUBLIC HEALTH LAW.
(y) harm reduction counseling and services to reduce or minimize the
adverse health consequences associated with drug use, provided by a
qualified drug treatment program or community-based organization, as
determined by the commissioner of health; provided, however, that the
provisions of this paragraph shall not take effect unless all necessary
approvals under federal law and regulation have been obtained to receive
federal financial participation in the costs of health care services
provided pursuant to this paragraph. Nothing in this paragraph shall be
construed to modify any licensure, certification or scope of practice
provision under [title eight of the education law] ARTICLE FIFTY-ONE OF
THE PUBLIC HEALTH LAW.
(z) hepatitis C wrap-around services to promote care coordination and
integration when ordered by a physician, registered physician assistant,
registered nurse practitioner, or licensed midwife, and provided by a
qualified professional, as determined by the commissioner of health.
Such services may include client outreach, identification and recruit-
ment, hepatitis C education and counseling, coordination of care and
adherence to treatment, assistance in obtaining appropriate entitlement
services, peer support and other supportive services; provided, however,
that the provisions of this paragraph shall not take effect unless all
necessary approvals under federal law and regulation have been obtained
to receive federal financial participation in the costs of health care
services provided pursuant to this paragraph. Nothing in this paragraph
shall be construed to modify any licensure, certification or scope of
practice provision under [title eight of the education law] ARTICLE
FIFTY-ONE OF THE PUBLIC HEALTH LAW.
§ 75. Paragraph (e) of subdivision 6 of section 384-b of the social
services law, as amended by chapter 691 of the laws of 1991, is amended
to read as follows:
(e) In every proceeding upon a ground set forth in paragraph (c) of
subdivision four OF THIS SECTION the judge shall order the parent to be
examined by, and shall take the testimony of, a qualified psychiatrist
or a psychologist licensed pursuant to [article one hundred fifty-three
of the education law] TITLE SEVENTEEN OF ARTICLE FIFTY-ONE OF THE PUBLIC
HEALTH LAW as defined in section 730.10 of the criminal procedure law in
the case of a parent alleged to be mentally ill or retarded, such
psychologist or psychiatrist to be appointed by the court pursuant to
section thirty-five of the judiciary law. The parent and the authorized
agency shall have the right to submit other psychiatric, psychological
or medical evidence. If the parent refuses to submit to such court-ord-
ered examination, or if the parent renders himself unavailable therefor
whether before or after the initiation of a proceeding under this
section, by departing from the state or by concealing himself therein,
the appointed psychologist or psychiatrist, upon the basis of other
available information, including, but not limited to, agency, hospital
or clinic records, may testify without an examination of such parent,
provided that such other information affords a reasonable basis for his
opinion.
S. 4007--A 515 A. 3007--A
§ 76. Subdivision (c) of section 9.37 of the mental hygiene law, as
amended by chapter 230 of the laws of 2004, is amended to read as
follows:
(c) Notwithstanding the provisions of subdivision (b) of this section,
in counties with a population of less than two hundred thousand, a
director of community services who is a licensed psychologist pursuant
to [article one hundred fifty-three of the education law] TITLE SEVEN-
TEEN OF ARTICLE FIFTY-ONE OF THE PUBLIC HEALTH LAW or a licensed clin-
ical social worker pursuant to [article one hundred fifty-four of the
education law] TITLE EIGHTEEN OF ARTICLE FIFTY-ONE OF THE PUBLIC HEALTH
LAW but who is not a physician may apply for the admission of a patient
pursuant to this section without a medical examination by a designated
physician, if a hospital approved by the commissioner pursuant to
section 9.39 of this article is not located within thirty miles of the
patient, and the director of community services has made a reasonable
effort to locate a designated examining physician but such a designee is
not immediately available and the director of community services, after
personal observation of the person, reasonably believes that he may have
a mental illness which is likely to result in serious harm to himself or
others and inpatient care and treatment of such person in a hospital may
be appropriate. In the event of an application pursuant to this subdivi-
sion, a physician of the receiving hospital shall examine the patient
and shall not admit the patient unless he or she determines that the
patient has a mental illness for which immediate inpatient care and
treatment in a hospital is appropriate and which is likely to result in
serious harm to himself or others. If the patient is admitted, the need
for hospitalization shall be confirmed by another staff physician within
twenty-four hours. An application pursuant to this subdivision shall be
in writing and shall be filed with the director of such hospital at the
time of the patient's reception, together with a statement in a form
prescribed by the commissioner giving such information as he may deem
appropriate, including a statement of the efforts made by the director
of community services to locate a designated examining physician prior
to making an application pursuant to this subdivision.
§ 77. Subdivision (h) of section 10.03 of the mental hygiene law, as
added by chapter 7 of the laws of 2007, is amended to read as follows:
(h) "Licensed psychologist" means a person who is registered as a
psychologist under [article one hundred fifty-three of the education
law] TITLE SEVENTEEN OF ARTICLE FIFTY-ONE OF THE PUBLIC HEALTH LAW.
§ 78. Paragraphs (b-4), (b-5), (b-7), (d) and (g) of section 1503 of
the business corporation law, paragraph (b-4) as added and paragraph (d)
as amended by chapter 550 of the laws of 2011, paragraph (b-5) as
amended by chapter 9 of the laws of 2013, the opening paragraph of para-
graph (b-5) as amended by chapter 475 of the laws of 2014, paragraph
(b-7) as added by chapter 260 of the laws of 2016, the opening paragraph
of subparagraph 1 of paragraph (b-7) as amended by chapter 302 of the
laws of 2018, and paragraph (g) as added by chapter 676 of the laws of
2002, are amended to read as follows:
(b-4) The certificate of incorporation of a design professional
service corporation shall also have attached thereto a certificate or
certificates issued by the licensing authority certifying that each of
the shareholders, officers, directors and owners have been deemed to
have been of good moral character as may be established by the regu-
lations of the commissioner of education OR THE COMMISSIONER OF HEALTH.
(b-5) On or after January first, two thousand twelve, the state educa-
tion department and the department of state shall allow an existing
S. 4007--A 516 A. 3007--A
professional service corporation organized under this article and prac-
ticing professional engineering, architecture, landscape architecture,
geology or land surveying, or practicing any combination of such
professions to become a design professional service corporation as
defined in this article, provided the professional service corporation
meets all of the requirements to become a design professional service
corporation, including that its name shall end with the words "design
professional corporation" or the abbreviation "D.P.C.", by amending its
certificate of incorporation so that it contains the following state-
ments:
(1) the names and residence addresses of all individuals or ESOPs who
will be the shareholders, directors and officers of the original design
professional service corporation; and
(2) the profession or professions of each shareholder, director and
officer who is a design professional of the original design professional
service corporation; and
(3) the ownership interest of each shareholder of the original design
professional service corporation; and
(4) the names of the officers and directors who will be the president,
the chairperson of the board of directors and the chief executive offi-
cer or officers of the original design professional service corporation.
(i) The certificate of amendment shall have attached thereto a certif-
icate or certificates issued by the licensing authority certifying that
each of the proposed shareholders, directors and officers who is listed
as a design professional is authorized by law to practice a profession
which the corporation is organized to practice and, if applicable, that
one or more of such individuals is authorized to practice each profes-
sion which the corporation will be authorized to practice. The attached
certificate or certificates shall also certify that the proposed presi-
dent, the chairperson of the board of directors and the chief executive
officer or officers are authorized by law to practice a profession which
the corporation is organized to practice.
(ii) The certificate of amendment shall also have attached thereto a
certificate or certificates issued by the licensing authority certifying
that each of the proposed shareholders, officers, directors and owners
listed have been deemed to have been of good moral character as may be
established by the regulations of the commissioner of education OR THE
COMMISSIONER OF HEALTH.
(iii) The certificate of amendment shall also have attached thereto:
(A) a tax clearance issued by the department of taxation and finance
certifying that the existing professional service corporation is current
with respect to payment of its state tax liabilities and (B) a certif-
icate of good standing from the state education department OR THE
DEPARTMENT OF HEALTH certifying that the existing professional service
corporation is authorized to provide professional services without
restriction.
(b-7) (1) Prior to the first day of March, two thousand nineteen, the
state education department and the department of state shall allow an
existing business corporation organized under article four of this chap-
ter to become a design professional service corporation as defined in
this article for the purpose of practicing professional geology,
provided that the surviving corporation meet all of the requirements to
become a design professional service corporation, including that the
name shall end with the words "design professional service corporation"
or the abbreviation "D.P.C." by amending its certificate of incorpo-
ration so that it contains the following:
S. 4007--A 517 A. 3007--A
(i) the names and residence addresses of all individuals or ESOPs who
will be the original shareholders, directors and officers of the profes-
sional service corporation;
(ii) a statement that the design professional service corporation is
formed pursuant to this section;
(iii) the profession or profession of each shareholder, director and
officer who is a design professional of the original design professional
service corporation;
(iv) the names of the officers and directors who will be the presi-
dent, the chairperson of the board of directors and the chief executive
officer or officers of the original design professional service corpo-
ration;
(v) the ownership interest of each shareholder of the original design
professional service corporation; and
(vi) a statement that the amendment shall not effect a dissolution of
the corporation, but shall be deemed a continuation of its corporate
existence, without affecting its then existing property rights or
liabilities or the liabilities of its members or officers as such, but
thereafter it shall have only such rights, powers and privileges, and be
subject only to such other duties and liabilities, as a corporation
created for the same purposes under this article.
(2) The certificate of amendment shall have attached thereto a certif-
icate or certificates issued by the licensing authority certifying that
each of the proposed shareholders, directors and officers listed:
(i) is authorized by law to practice a profession which the corpo-
ration is organized to practice and, if applicable, that one or more of
such individuals is authorized to practice each profession which the
corporation will be authorized to practice; and
(ii) has been deemed to be of good moral character as may be estab-
lished by the regulations of the commissioner of education AND THE
COMMISSIONER OF HEALTH.
(3) The certificate of amendment shall also have attached thereto a
tax clearance issued by the department of taxation and finance certify-
ing that the existing business corporation is current with respect to
payment of its state tax liabilities.
(4) Notwithstanding any provision of law to the contrary, any corpo-
ration formed under this section shall be required to comply with all
applicable laws, rules, or regulations relating to the practice of a
profession under title eight of the education law OR ARTICLE FIFTY-ONE
OF THE PUBLIC HEALTH LAW.
(d) A professional service corporation, including a design profes-
sional service corporation, other than a corporation authorized to prac-
tice law, shall be under the supervision of the regents of the universi-
ty of the state of New York OR THE DEPARTMENT OF HEALTH and be subject
to disciplinary proceedings and penalties, and its certificate of incor-
poration shall be subject to suspension, revocation or annulment for
cause, in the same manner and to the same extent as is provided with
respect to individuals and their licenses, certificates, and registra-
tions in title eight of the education law OR ARTICLE FIFTY-ONE OF THE
PUBLIC HEALTH LAW relating to the applicable profession. Notwithstanding
the provisions of this paragraph, a professional service corporation
authorized to practice medicine shall be subject to the prehearing
procedures and hearing procedures as is provided with respect to indi-
vidual physicians and their licenses in title II-A of article two of the
public health law.
S. 4007--A 518 A. 3007--A
(g) The practices of creative arts therapy, marriage and family thera-
py, mental health counseling, and psychoanalysis shall not be deemed the
same professional service for the purpose of paragraph (a) of this
section, notwithstanding that such practices are all licensed under
[article one hundred sixty-three of the education law] TITLE TWENTY-FIVE
OF ARTICLE FIFTY-ONE OF THE PUBLIC HEALTH LAW.
§ 79. Subparagraph 1 of paragraph (a) of subdivision 4 of section
1194 of the vehicle and traffic law, as amended by chapter 169 of the
laws of 2010, is amended to read as follows:
(1) At the request of a police officer, the following persons may
withdraw blood for the purpose of determining the alcoholic or drug
content therein: (i) a physician, a registered professional nurse, a
registered physician assistant, a certified nurse practitioner, or an
advanced emergency medical technician as certified by the department of
health; or (ii) under the supervision and at the direction of a physi-
cian, registered physician assistant or certified nurse practitioner
acting within his or her lawful scope of practice, or upon the express
consent of the person eighteen years of age or older from whom such
blood is to be withdrawn: a clinical laboratory technician or clinical
laboratory technologist licensed pursuant to [article one hundred
sixty-five of the education law] TITLE TWENTY-SEVEN OF ARTICLE FIFTY-ONE
OF THE PUBLIC HEALTH LAW; a phlebotomist; or a medical laboratory tech-
nician or medical technologist employed by a clinical laboratory
approved under title five of article five of the public health law. This
limitation shall not apply to the taking of a urine, saliva or breath
specimen.
§ 80. Subdivisions 11 and 12 of section 3501 of the public health law,
as added by chapter 175 of the laws of 2006, are amended to read as
follows:
11. "Licensed practitioner" means a person licensed or otherwise
authorized under [the education law] THIS CHAPTER to practice medicine,
dentistry, podiatry, or chiropractic.
12. "Professional medical physicist" means a person licensed or other-
wise authorized to practice medical physics in accordance with [article
one hundred sixty-six of the education law] TITLE TWENTY-EIGHT OF ARTI-
CLE FIFTY-ONE OF THIS CHAPTER.
§ 81. Subdivision a of section 17-199.15 of the administrative code of
the city of New York, as added by local law number 30 of the city of New
York for the year 2021, is amended to read as follows:
a. Definitions. For the purposes of this section, the following terms
have the following meanings:
Covered health care services. The term "covered health care services"
means professional medical services by primary care practitioners,
including preventive, primary, diagnostic and specialty services; diag-
nostic and laboratory services, including therapeutic radiological
services; prescription drugs, excluding drugs for uncovered services;
and any other services determined by the department.
Direct care worker. The term "direct care worker" means any employee
of a hospital that is responsible for patient handling or patient
assessment as a regular or incident part of their employment, including
any licensed or unlicensed health care worker.
Doctor. The term "doctor" means a practitioner of medicine licensed to
practice medicine pursuant to [article 131 of the education law] TITLE
TWO OF ARTICLE FIFTY-ONE OF THE PUBLIC HEALTH LAW.
Hospital. The term "hospital" means an institution or facility operat-
ing in New York city possessing a valid operating certificate issued
S. 4007--A 519 A. 3007--A
pursuant to [article 28 of the public health law] TITLE TWELVE OF ARTI-
CLE FIFTY-ONE OF THE PUBLIC HEALTH LAW.
Nurse. The term "nurse" means a practitioner of nursing licensed to
practice nursing pursuant to [article 139 of the education law] TITLE
TWELVE OF ARTICLE FIFTY-ONE OF THE PUBLIC HEALTH LAW.
Physician assistant. The term "physician assistant" means a person
licensed as a physician assistant pursuant to [article 131-b of the New
York state education law] TITLE TWO OF ARTICLE FIFTY-ONE OF THE PUBLIC
HEALTH LAW.
§ 82. Subdivision b of section 17-357 of the administrative code of
the city of New York, as added by local law number 12 of the city of New
York for the year 1997, is amended to read as follows:
b. The provisions of this subchapter shall not apply to a physician
licensed under [article one hundred thirty-one of the New York state
education law] TITLE TWO OF ARTICLE FIFTY-ONE OF THE PUBLIC HEALTH LAW.
§ 83. Subdivision e of section 20-815 of the administrative code of
the city of New York, as added by local law number 17 of the city of New
York for the year 2011, is amended to read as follows:
e. "Licensed medical provider" shall mean a person licensed or other-
wise authorized under the provisions of [articles one hundred thirty-
one, one hundred thirty-one-a, one hundred thirty-one-b, one hundred
thirty-nine or one hundred forty of the education law of New York] TITLE
TWO, THREE, FOUR, TWELVE, OR THIRTEEN OF ARTICLE FIFTY-ONE OF THE PUBLIC
HEALTH LAW, to provide medical services.
§ 84. Section 308-b of the military law, as amended by chapter 418 of
the laws of 2004, is amended to read as follows:
§ 308-b. Extension of license, certificate or registration. Notwith-
standing any other provision of general, special or local law, code or
ordinance, or rule or regulation to the contrary, military personnel
serving on active duty, who were licensed, certified or registered to
engage in a profession or occupation prior to being called to active
duty, and whose license, certificate or registration shall expire during
such period of active duty, shall have such license, certificate or
registration automatically extended for the period of active duty and
for twelve months after such military personnel have been released from
active duty, provided that with regard to professions subject to title
VIII of the education law OR ARTICLE FIFTY-ONE OF THE PUBLIC HEALTH LAW,
this section shall not apply to limited permits or other credentials
issued for a period of two months or less and shall not extend the term
of a limited permit that expires for reasons other than the passage of
time, including but not limited to failure on a licensure examination,
and further provided that this section shall not be construed to permit
any individual whose authority to engage in a profession or occupation
has been revoked or suspended to engage in such profession or occupa-
tion.
§ 85. Subdivision 6 of section 2441 of the public health law, as added
by chapter 450 of the laws of 1975, is amended to read as follows:
6. "Researcher" means any person licensed under [title VIII of the
education law] ARTICLE FIFTY-ONE OF THIS CHAPTER to perform diagnosis,
treatment, medical services, prescription or therapeutic exercises with
regard to or upon human beings, or any other person deemed appropriately
competent and qualified by a human research review committee as provided
by section twenty-four hundred forty-four of this chapter.
§ 86. Subdivision 1 of section 3000-a of the public health law, as
amended by chapter 69 of the laws of 1994, is amended to read as
follows:
S. 4007--A 520 A. 3007--A
1. Except as provided in subdivision six of section six thousand six
hundred eleven, subdivision two of section six thousand five hundred
twenty-seven, subdivision one of section six thousand nine hundred nine
and sections six thousand five hundred forty-seven and six thousand
seven hundred thirty-seven of [the education law] THIS CHAPTER, any
person who voluntarily and without expectation of monetary compensation
renders first aid or emergency treatment at the scene of an accident or
other emergency outside a hospital, doctor's office or any other place
having proper and necessary medical equipment, to a person who is uncon-
scious, ill, or injured, shall not be liable for damages for injuries
alleged to have been sustained by such person or for damages for the
death of such person alleged to have occurred by reason of an act or
omission in the rendering of such emergency treatment unless it is
established that such injuries were or such death was caused by gross
negligence on the part of such person. Nothing in this section shall be
deemed or construed to relieve a licensed physician, dentist, nurse,
physical therapist or registered physician's assistant from liability
for damages for injuries or death caused by an act or omission on the
part of such person while rendering professional services in the normal
and ordinary course of his or her practice.
§ 87. Paragraph (a) of subdivision 3 and paragraph (b) of subdivision
4 of section 3000-b of the public health law, paragraph (a) of subdivi-
sion 3 as amended by chapter 243 of the laws of 2010, and paragraph (b)
of subdivision 4 as added by chapter 552 of the laws of 1998, are
amended to read as follows:
(a) No person may operate an automated external defibrillator unless
the person has successfully completed a training course in the operation
of an automated external defibrillator approved by a nationally-recog-
nized organization or the state emergency medical services council.
However, this section shall not prohibit operation of an automated
external defibrillator, (i) by a health care practitioner licensed or
certified under [title VIII of the education law] ARTICLE FIFTY-ONE OF
THIS CHAPTER or a person certified under this article acting within his
or her lawful scope of practice; (ii) by a person acting pursuant to a
lawful prescription; or (iii) by a person who operates the automated
external defibrillator other than as part of or incidental to his or her
employment or regular duties, who is acting in good faith, with reason-
able care, and without expectation of monetary compensation, to provide
first aid that includes operation of an automated external defibrilla-
tor; nor shall this section limit any good samaritan protections
provided in section three thousand-a of this article.
(b) Operation of an automated external defibrillator pursuant to this
section shall not constitute the unlawful practice of a profession under
[title VIII of the education law] ARTICLE FIFTY-ONE OF THIS CHAPTER.
§ 88. Paragraph (c) of subdivision 2 of section 369-bb of the social
services law, as amended by section 2 of part D of chapter 57 of the
laws of 2017, is amended to read as follows:
(c) Two persons with expertise in drug utilization review who are
health care professionals licensed under [Title VIII of the education
law] ARTICLE FIFTY-ONE OF THE PUBLIC HEALTH LAW at least one of whom is
a pharmacologist.
§ 89. Paragraph (x) of subdivision 2 of section 496 of the social
services law, as added by section 1 of part B of chapter 501 of the laws
of 2012, is amended to read as follows:
(x) officers and employees of the education department and, where
applicable, the department of health, for the purpose of investigating
S. 4007--A 521 A. 3007--A
charges and maintaining professional discipline proceedings against the
professional license of the subject of the report pursuant to [Title
VIII of the education law] ARTICLE FIFTY-ONE OF THE PUBLIC HEALTH LAW,
and to employees of the education department for the purpose of investi-
gating charges and maintaining good moral character proceedings against
the teaching, school administrator or school leader certificate or
license of the subject of the report; and
§ 90. Paragraph 2 of subdivision (a) of section 1212-a of the tax law,
as amended by chapter 200 of the laws of 2009, is amended to read as
follows:
(2) a tax, at the same uniform rate, but at a rate not to exceed four
and one-half per centum, in multiples of one-half of one per centum, on
the receipts from every sale of the following services: beauty, barber-
ing, hair restoring, manicuring, pedicuring, electrolysis, massage
services and similar services, and every sale of services by weight
control salons, health salons, gymnasiums, turkish and sauna bath and
similar establishments and every charge for the use of such facilities,
whether or not any tangible personal property is transferred in conjunc-
tion therewith; but excluding services rendered by a physician, osteo-
path, dentist, nurse, physiotherapist, chiropractor, podiatrist, optome-
trist, ophthalmic dispenser or a person performing similar services
licensed under [title VIII of the education law] ARTICLE FIFTY-ONE OF
THE PUBLIC HEALTH LAW, as amended, and excluding such services when
performed on pets and other animals.
§ 91. Transfer of employees. All employees of the state education
department deemed necessary to implement this act by the division of the
budget, in consultation with the commissioner of health, shall be trans-
ferred to the department of health. This transfer of employees shall be
deemed to be a transfer of function pursuant to subdivision 2 of section
70 of the civil service law. Such officers and employees of the state
education department shall be transferred without further examination or
qualification, and shall retain their respective civil service classi-
fication, status and bargaining unit representation.
§ 92. This act shall take effect on January 1, 2024; provided however
that:
(a) effective immediately, the department of health and the state
education department are authorized to adopt, repeal, or amend any rule
or regulation necessary to effectuate the provisions of this act prior
to its effective date;
(b) the amendments to paragraph (y) of subdivision 2 of section 2999-
cc of the public health law made by section twenty-six of this act shall
not affect the expiration of such paragraph and shall expire and be
deemed repealed therewith;
(c) the amendments to section 3368 of the public health law made by
section forty-six-a of this act shall not affect the expiration of such
subdivision and shall be deemed repealed therewith;
(d) that if chapter 815 of the laws of 2022 shall not have taken
effect on or before such date then section fifty-six of this act shall
take effect on the same date and in the same manner as such chapter of
the laws of 2022, takes effect;
(e) the amendments to subparagraph (vi) of paragraph 1 of subdivision
(e) of section 9.60 of the mental hygiene law made by section fifty-
eight of this act shall not affect the repeal of such section and shall
be deemed repealed therewith; and
(f) the amendments to clause (E) of subparagraph (iii) of paragraph
(a) of subdivision 4 of section 364-j of the social services law made by
S. 4007--A 522 A. 3007--A
section sixty-eight of this act shall not affect the repeal of such
section and shall be deemed repealed therewith.
PART DD
Section 1. 1. Subject to available appropriations and approval of the
director of the budget, the commissioners of the office of mental
health, office for people with developmental disabilities, office of
addiction services and supports, office of temporary and disability
assistance, office of children and family services, and the state office
for the aging shall establish a state fiscal year 2023-24 cost of living
adjustment (COLA), effective April 1, 2023, for projecting for the
effects of inflation upon rates of payments, contracts, or any other
form of reimbursement for the programs and services listed in paragraphs
(i), (ii), (iii), (iv), (v), and (vi) of subdivision four of this
section. The COLA established herein shall be applied to the appropri-
ate portion of reimbursable costs or contract amounts. Where appropri-
ate, transfers to the department of health (DOH) shall be made as
reimbursement for the state share of medical assistance.
2. Notwithstanding any inconsistent provision of law, subject to the
approval of the director of the budget and available appropriations
therefore, for the period of April 1, 2023 through March 31, 2024, the
commissioners shall provide funding to support a two and five-tenths
percent (2.5%) cost of living adjustment under this section for all
eligible programs and services as determined pursuant to subdivision
four of this section.
3. Notwithstanding any inconsistent provision of law, and as approved
by the director of the budget, the 2.5 percent cost of living adjustment
(COLA) established herein shall be inclusive of all other cost of living
type increases, inflation factors, or trend factors that are newly
applied effective April 1, 2023. Except for the 2.5 percent cost of
living adjustment (COLA) established herein, for the period commencing
on April 1, 2023 and ending March 31, 2024 the commissioners shall not
apply any other new cost of living adjustments for the purpose of estab-
lishing rates of payments, contracts or any other form of reimbursement.
The phrase "all other cost of living type increases, inflation factors,
or trend factors" as defined in this subdivision shall not include
payments made pursuant to the American Rescue Plan Act or other federal
relief programs related to the Coronavirus Disease 2019 (COVID-19)
pandemic Public Health Emergency. This subdivision shall not prevent
the office of children and family services from applying additional
trend factors or staff retention factors to eligible programs and
services under paragraph (v) of subdivision four of this section.
4. Eligible programs and services. (i) Programs and services funded,
licensed, or certified by the office of mental health (OMH) eligible for
the cost of living adjustment established herein, pending federal
approval where applicable, include: office of mental health licensed
outpatient programs, pursuant to parts 587 and 599 of title 14 CRR-NY of
the office of mental health regulations including clinic, continuing day
treatment, day treatment, intensive outpatient programs and partial
hospitalization; outreach; crisis residence; crisis stabilization,
crisis/respite beds; mobile crisis, part 590 comprehensive psychiatric
emergency program services; crisis intervention; home based crisis
intervention; family care; supported single room occupancy; supported
housing; supported housing community services; treatment congregate;
supported congregate; community residence - children and youth;
S. 4007--A 523 A. 3007--A
treatment/apartment; supported apartment; community residence single
room occupancy; on-site rehabilitation; employment programs; recreation;
respite care; transportation; psychosocial club; assertive community
treatment; case management; care coordination, including health home
plus services; local government unit administration; monitoring and
evaluation; children and youth vocational services; single point of
access; school-based mental health program; family support children and
youth; advocacy/support services; drop in centers; recovery centers;
transition management services; bridger; home and community based waiver
services; behavioral health waiver services authorized pursuant to the
section 1115 MRT waiver; self-help programs; consumer service dollars;
conference of local mental hygiene directors; multicultural initiative;
ongoing integrated supported employment services; supported education;
mentally ill/chemical abuse (MICA) network; personalized recovery
oriented services; children and family treatment and support services;
residential treatment facilities operating pursuant to part 584 of title
14-NYCRR; geriatric demonstration programs; community-based mental
health family treatment and support; coordinated children's service
initiative; homeless services; and promises zone.
(ii) Programs and services funded, licensed, or certified by the
office for people with developmental disabilities (OPWDD) eligible for
the cost of living adjustment established herein, pending federal
approval where applicable, include: local/unified services; chapter 620
services; voluntary operated community residential services; article 16
clinics; day treatment services; family support services; 100% day
training; epilepsy services; traumatic brain injury services; hepatitis
B services; independent practitioner services for individuals with
intellectual and/or developmental disabilities; crisis services for
individuals with intellectual and/or developmental disabilities; family
care residential habilitation; supervised residential habilitation;
supportive residential habilitation; respite; day habilitation; prevoca-
tional services; supported employment; community habilitation; interme-
diate care facility day and residential services; specialty hospital;
pathways to employment; intensive behavioral services; basic home and
community based services (HCBS) plan support; health home services
provided by care coordination organizations; community transition
services; family education and training; fiscal intermediary; support
broker; and personal resource accounts.
(iii) Programs and services funded, licensed, or certified by the
office of addiction services and supports (OASAS) eligible for the cost
of living adjustment established herein, pending federal approval where
applicable, include: medically supervised withdrawal services - residen-
tial; medically supervised withdrawal services - outpatient; medically
managed detoxification; medically monitored withdrawal; inpatient reha-
bilitation services; outpatient opioid treatment; residential opioid
treatment; KEEP units outpatient; residential opioid treatment to absti-
nence; problem gambling treatment; medically supervised outpatient;
outpatient rehabilitation; specialized services substance abuse
programs; home and community based waiver services pursuant to subdivi-
sion 9 of section 366 of the social services law; children and family
treatment and support services; continuum of care rental assistance case
management; NY/NY III post-treatment housing; NY/NY III housing for
persons at risk for homelessness; permanent supported housing; youth
clubhouse; recovery community centers; recovery community organizing
initiative; residential rehabilitation services for youth (RRSY); inten-
sive residential; community residential; supportive living; residential
S. 4007--A 524 A. 3007--A
services; job placement initiative; case management; family support
navigator; local government unit administration; peer engagement; voca-
tional rehabilitation; support services; HIV early intervention
services; dual diagnosis coordinator; problem gambling resource centers;
problem gambling prevention; prevention resource centers; primary
prevention services; other prevention services; and community services.
(iv) Programs and services funded, licensed, or certified by the
office of temporary and disability assistance (OTDA) eligible for the
cost of living adjustment established herein, pending federal approval
where applicable, include: nutrition outreach and education program
(NOEP).
(v) Programs and services funded, licensed, or certified by the office
of children and family services (OCFS) eligible for the cost of living
adjustment established herein, pending federal approval where applica-
ble, include: programs for which the office of children and family
services establishes maximum state aid rates pursuant to section 398-a
of the social services law and section 4003 of the education law; emer-
gency foster homes; foster family boarding homes and therapeutic foster
homes; supervised settings as defined by subdivision twenty-two of
section 371 of the social services law; adoptive parents receiving
adoption subsidy pursuant to section 453 of the social services law; and
congregate and scattered supportive housing programs and supportive
services provided under the NY/NY III supportive housing agreement to
young adults leaving or having recently left foster care.
(vi) Programs and services funded, licensed, or certified by the state
office for the aging (SOFA) eligible for the cost of living adjustment
established herein, pending federal approval where applicable, include:
community services for the elderly; expanded in-home services for the
elderly; and supplemental nutrition assistance program.
5. Each local government unit or direct contract provider receiving
funding for the cost of living adjustment established herein shall
submit a written certification, in such form and at such time as each
commissioner shall prescribe, attesting how such funding will be or was
used to first promote the recruitment and retention of non-executive
direct care staff, non-executive direct support professionals, non-exe-
cutive clinical staff, or respond to other critical non-personal service
costs prior to supporting any salary increases or other compensation for
executive level job titles.
6. Notwithstanding any inconsistent provision of law to the contrary,
agency commissioners shall be authorized to recoup funding from a local
governmental unit or direct contract provider for the cost of living
adjustment established herein determined to have been used in a manner
inconsistent with the appropriation, or any other provision of this
section. Such agency commissioners shall be authorized to employ any
legal mechanism to recoup such funds, including an offset of other funds
that are owed to such local governmental unit or direct contract provid-
er.
§ 2. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2023.
PART EE
Section 1. Subdivision 1-a of section 84 of part A of chapter 56 of
the laws of 2013, amending the social services law and other laws relat-
ing to enacting the major components of legislation necessary to imple-
ment the health and mental hygiene budget for the 2013-2014 state fiscal
S. 4007--A 525 A. 3007--A
year, as amended by section 9 of part Z of chapter 57 of the laws of
2018, is amended to read as follows:
1-a. sections seventy-three through eighty-a shall expire and be
deemed repealed September 30, [2023] 2028;
§ 2. This act shall take effect immediately.
PART FF
Section 1. Subparagraph (v) of paragraph (a) of subdivision 1 of
section 6908 of the education law is renumbered subparagraph (vi) and a
new subparagraph (v) is added to read as follows:
(V) TASKS PROVIDED BY A DIRECT SUPPORT STAFF IN NON-FACILITY BASED
PROGRAMS CERTIFIED, AUTHORIZED OR APPROVED BY THE OFFICE FOR PEOPLE WITH
DEVELOPMENTAL DISABILITIES, SO LONG AS SUCH STAFF DO NOT HOLD HIMSELF OR
HERSELF OUT AS ONE WHO ACCEPTS EMPLOYMENT SOLELY FOR PERFORMING SUCH
CARE, AND WHERE NURSING SERVICES ARE UNDER THE INSTRUCTION OF A SERVICE
RECIPIENT OR FAMILY OR HOUSEHOLD MEMBER DETERMINED BY A REGISTERED
PROFESSIONAL NURSE TO BE CAPABLE OF PROVIDING SUCH INSTRUCTION. IN THE
EVENT THAT THE REGISTERED NURSE DETERMINES THAT THE SERVICE RECIPIENT,
FAMILY, OR HOUSEHOLD MEMBER IS NOT CAPABLE OF PROVIDING SUCH INSTRUC-
TION, NURSING TASKS MAY BE PERFORMED BY DIRECT SUPPORT STAFF PURSUANT TO
SUBPARAGRAPH (VI) OF THIS PARAGRAPH SUBJECT TO THE REQUIREMENTS SET
FORTH THEREIN; OR
§ 2. This act shall take effect immediately.
PART GG
Section 1. Section 7.07 of the mental hygiene law is amended by adding
a new subdivision (i) to read as follows:
(I) THE OFFICE SHALL FOSTER PROGRAMS FOR THE TRAINING AND DEVELOPMENT
OF PERSONS CAPABLE OF PROVIDING THE FOLLOWING SERVICES, INCLUDING BUT
NOT LIMITED TO A PROCESS OF ISSUING, EITHER DIRECTLY OR THROUGH
CONTRACT, CREDENTIALS FOR QUALIFIED MENTAL HEALTH ASSOCIATES IN ACCORD-
ANCE WITH THE FOLLOWING:
(1) THE OFFICE SHALL ESTABLISH MINIMUM QUALIFICATIONS FOR QUALIFIED
MENTAL HEALTH ASSOCIATES IN ALL PHASES OF DELIVERY OF SERVICES TO
PERSONS WHO ARE SUFFERING FROM MENTAL HEALTH ISSUES, AS WELL AS THEIR
FAMILIES, THAT SHALL INCLUDE, BUT NOT BE LIMITED TO, COMPLETION OF
APPROVED COURSES OF STUDY OR EQUIVALENT ON-THE-JOB EXPERIENCE IN WORKING
WITH INDIVIDUALS WHO SUFFER FROM MENTAL ILLNESS. SUCH APPROVED COURSES
OF STUDY OR EQUIVALENT ON-THE-JOB EXPERIENCE SHALL INCLUDE, BUT NOT BE
LIMITED TO, PROVIDING TRAUMA-INFORMED, PATIENT-CENTERED CARE; REFERRING
INDIVIDUALS TO APPROPRIATE TREATMENTS FOR CO-OCCURRING DISORDERS;
IMPLICIT BIAS TRAINING, AND BEST PRACTICE APPROACHES TO SERVING MARGI-
NALIZED AND MINORITY POPULATIONS. SUCH COURSES SHALL BE UPDATED AS NEED-
ED TO REFLECT EVOLVING BEST PRACTICES IN TREATMENT AND LONG-TERM RECOV-
ERY. FOR THE PURPOSES OF THIS SUBDIVISION, THE TERM "IMPLICIT BIAS
TRAINING" SHALL MEAN A FORM OF TRAINING WITH THE GOAL OF MAKING PEOPLE
MORE AWARE OF THEIR OWN BIASES, FOR THE PURPOSE OF ENSURING EQUITY IN
CARE DELIVERY.
(2) THE OFFICE SHALL ESTABLISH PROCEDURES FOR ISSUING, DIRECTLY OR
THROUGH CONTRACT, CREDENTIALS TO ASSOCIATES WHO MEET MINIMUM QUALIFICA-
TIONS, INCLUDING THE ESTABLISHMENT OF APPROPRIATE FEES, AND SHALL
FURTHER ESTABLISH PROCEDURES TO SUSPEND, REVOKE, OR ANNUL SUCH CREDEN-
TIALS FOR GOOD CAUSE. SUCH PROCEDURES SHALL BE PROMULGATED BY THE
COMMISSIONER BY RULE OR REGULATION.
S. 4007--A 526 A. 3007--A
(3) THE COMMISSIONER SHALL ESTABLISH A CREDENTIALING BOARD WHICH SHALL
PROVIDE ADVICE CONCERNING THE CREDENTIALING PROCESS UNDER THIS SUBDIVI-
SION.
(4) NO PERSON SHALL USE THE TITLE QUALIFIED MENTAL HEALTH ASSOCIATE
UNLESS AUTHORIZED PURSUANT TO THIS SUBDIVISION.
(5) FAILURE TO COMPLY WITH THE REQUIREMENTS OF THIS SUBDIVISION SHALL
CONSTITUTE A VIOLATION AS DEFINED IN THE PENAL LAW.
§ 2. Section 7.03 of the mental hygiene law is amended by adding a new
subdivision 3 to read as follows:
3. "QUALIFIED MENTAL HEALTH ASSOCIATE" OR "QMHA" MEANS AN OFFICIAL
DESIGNATION IDENTIFYING AN INDIVIDUAL AS ONE WHO HOLDS A CURRENTLY
REGISTERED AND VALID CREDENTIAL ISSUED BY THE OFFICE PURSUANT TO SECTION
7.07 OF THIS ARTICLE WHICH DOCUMENTS AN INDIVIDUAL'S QUALIFICATIONS TO
PROVIDE COUNSELING AND SUPPORTIVE ASSISTANCE TO THOSE WITH MENTAL
ILLNESS.
§ 3. Paragraph (a) of subdivision 5 of section 7706 of the education
law, as added by chapter 420 of the laws of 2002, is amended to read as
follows:
(a) any individual who is credentialed under any law, including attor-
neys, rape crisis counselors, credentialed alcoholism and substance
abuse counselors, AND QUALIFIED MENTAL HEALTH ASSOCIATES AS DEFINED BY
SECTION 7.03 OF THE MENTAL HYGIENE LAW whose scope of practice includes
the practices defined in section seventy-seven hundred one of this arti-
cle from performing or claiming to perform work authorized by applicable
provisions of this chapter and the mental hygiene law;
§ 4. Subdivision 2 of section 8410 of the education law, as added by
chapter 676 of the laws of 2002, is amended to read as follows:
2. Prohibit or limit any individual who is credentialed under any law,
including attorneys, rape crisis counselors, certified alcoholism coun-
selors [and], certified substance abuse counselors, AND QUALIFIED MENTAL
HEALTH ASSOCIATES AS DEFINED BY SECTION 7.03 OF THE MENTAL HYGIENE LAW
from providing mental health services within their respective estab-
lished authorities.
§ 5. This act shall take effect immediately.
PART HH
Section 1. Sections 36.01, 36.02 and 36.03 of the mental hygiene law
are renumbered sections 36.02, 36.03 and 36.04 and a new section 36.01
is added to read as follows:
§ 36.01 GENERAL APPLICABILITY.
THE OFFICE OF MENTAL HEALTH AND THE OFFICE OF ADDICTION SERVICES AND
SUPPORTS SHALL BE AUTHORIZED TO RECEIVE FROM THE DIVISION OF CRIMINAL
JUSTICE SERVICES CRIMINAL HISTORY INFORMATION, AS SUCH TERM IS DEFINED
IN PARAGRAPH (C) OF SUBDIVISION ONE OF SECTION EIGHT HUNDRED
FORTY-FIVE-B OF THE EXECUTIVE LAW, CONCERNING EACH APPLICANT TO BE A
PROVIDER OF SERVICES OR OPERATOR OF SUCH PROVIDER OF SERVICES, AND SHALL
SECURELY EXCHANGE INFORMATION WITH CONFIDENTIALITY BETWEEN THE OFFICE OF
MENTAL HEALTH AND THE OFFICE OF ADDICTION SERVICES AND SUPPORTS TO
FACILITATE A SINGLE CRIMINAL HISTORY INFORMATION PROCESS FOR PROVIDERS
OF SERVICES LICENSED, CERTIFIED, OR OTHERWISE AUTHORIZED JOINTLY OR BY
BOTH OF THE OFFICES PURSUANT TO THIS ARTICLE OR ARTICLES THIRTY-ONE AND
THIRTY-TWO OF THIS TITLE.
§ 2. The mental hygiene law is amended by adding two new sections
36.05 and 36.06 to read as follows:
§ 36.05 CERTIFIED COMMUNITY BEHAVIORAL HEALTH CLINICS.
S. 4007--A 527 A. 3007--A
(A) THE COMMISSIONERS ARE AUTHORIZED TO JOINTLY CERTIFY COMMUNITY
BEHAVIORAL HEALTH CLINICS, SUBJECT TO THE AVAILABILITY OF STATE AND
FEDERAL FUNDING.
(B) CERTIFIED COMMUNITY BEHAVIORAL HEALTH CLINICS SHALL PROVIDE COOR-
DINATED, COMPREHENSIVE BEHAVIORAL HEALTH CARE, INCLUDING MENTAL HEALTH
AND ADDICTION SERVICES, PRIMARY CARE SCREENING, AND CASE MANAGEMENT
SERVICES, IN ACCORDANCE WITH CERTIFIED COMMUNITY BEHAVIORAL HEALTH CLIN-
IC STANDARDS ESTABLISHED BY THE UNITED STATES DEPARTMENT OF HEALTH AND
HUMAN SERVICES SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES ADMINISTRATION
AND THE COMMISSIONERS OF THE OFFICE OF MENTAL HEALTH AND THE OFFICE OF
ADDICTION SERVICES AND SUPPORTS.
(C) THE COMMISSIONERS SHALL REQUIRE EACH PROPOSED CERTIFIED COMMUNITY
BEHAVIORAL HEALTH CLINIC TO SUBMIT A PLAN, WHICH SHALL BE APPROVED BY
THE COMMISSIONERS PRIOR TO THE ISSUANCE OF AN OPERATING CERTIFICATE
PURSUANT TO THIS ARTICLE. SUCH PLAN SHALL INCLUDE:
(1) A DESCRIPTION OF THE CLINIC'S CHARACTER AND COMPETENCY TO PROVIDE
CERTIFIED COMMUNITY BEHAVIORAL HEALTH CLINIC SERVICES ACROSS THE LIFES-
PAN, INCLUDING HOW THE CLINIC WILL ENSURE ACCESS TO CRISIS SERVICES AT
ALL TIMES AND ACCEPT ALL PATIENTS REGARDLESS OF ABILITY TO PAY;
(2) A DESCRIPTION OF THE CLINIC'S CATCHMENT AREA;
(3) A STATEMENT INDICATING THAT THE CLINIC HAS BEEN INCLUDED IN AN
APPROVED LOCAL SERVICES PLAN DEVELOPED PURSUANT TO ARTICLE FORTY-ONE OF
THIS CHAPTER FOR EACH LOCAL GOVERNMENT LOCATED WITHIN THE CLINIC'S
CATCHMENT AREA;
(4) WHERE EXECUTED, AGREEMENTS ESTABLISHING FORMAL RELATIONSHIPS WITH
DESIGNATED COLLABORATING ORGANIZATIONS TO PROVIDE CERTAIN CERTIFIED
COMMUNITY BEHAVIORAL HEALTH CLINIC SERVICES, CONSISTENT WITH GUIDANCE
ISSUED BY THE UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES
SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES ADMINISTRATION AND THE OFFICE
OF MENTAL HEALTH AND THE OFFICE OF ADDICTION SERVICES AND SUPPORTS;
(5) A STAFFING PLAN DRIVEN BY LOCAL NEEDS ASSESSMENT, LICENSING, AND
TRAINING TO SUPPORT SERVICE DELIVERY;
(6) A DESCRIPTION OF THE CLINIC'S DATA-DRIVEN APPROACH TO QUALITY
IMPROVEMENT;
(7) A DESCRIPTION OF HOW CONSUMERS ARE REPRESENTED IN GOVERNANCE OF
THE CLINIC;
(8) ALL FINANCIAL INFORMATION IN THE FORM AND FORMAT REQUIRED BY THE
OFFICE OF MENTAL HEALTH AND THE OFFICE OF ADDICTION SERVICES AND
SUPPORTS; AND
(9) ANY OTHER INFORMATION OR AGREEMENTS REQUIRED BY THE COMMISSIONERS.
(D) WHERE A CERTIFIED COMMUNITY BEHAVIORAL HEALTH CLINIC HAS BEEN
ESTABLISHED AND IS PARTICIPATING ON THE EFFECTIVE DATE OF THIS SECTION
IN THE FEDERAL CERTIFIED COMMUNITY BEHAVIORAL HEALTH CLINIC DEMON-
STRATION AWARDED TO THE STATE BY THE UNITED STATES DEPARTMENT OF HEALTH
AND HUMAN SERVICES SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES ADMINIS-
TRATION, THE PREVIOUSLY ESTABLISHED CLINIC MAY BE CERTIFIED WHERE THE
CLINIC DEMONSTRATES COMPLIANCE WITH THE CERTIFICATION STANDARDS ESTAB-
LISHED PURSUANT TO THIS ARTICLE.
(E) THE COMMISSIONERS SHALL PROMULGATE ANY RULE OR REGULATION NECES-
SARY TO EFFECTUATE THIS SECTION.
§ 36.06 CERTIFIED COMMUNITY BEHAVIORAL HEALTH CLINICS INDIGENT CARE
PROGRAM.
(A) (1) FOR PERIODS ON AND AFTER JULY FIRST, TWO THOUSAND TWENTY-
THREE, THE COMMISSIONERS ARE AUTHORIZED TO MAKE PAYMENT TO ELIGIBLE
CERTIFIED COMMUNITY BEHAVIORAL HEALTH CLINICS, TO THE EXTENT OF FUNDS
APPROPRIATED THEREFOR TO ASSIST IN MEETING LOSSES RESULTING FROM UNCOM-
S. 4007--A 528 A. 3007--A
PENSATED CARE. IN THE EVENT FEDERAL FINANCIAL PARTICIPATION IS NOT
AVAILABLE FOR SUCH PAYMENTS TO ELIGIBLE CERTIFIED COMMUNITY BEHAVIORAL
HEALTH CLINICS, PAYMENTS SHALL BE MADE SOLELY ON THE BASIS OF AVAILABLE
STATE GENERAL FUND APPROPRIATIONS FOR THIS PURPOSE IN AMOUNTS TO BE
DETERMINED BY THE DIRECTOR OF THE DIVISION OF THE BUDGET.
(2) FOR PURPOSES OF THIS SECTION, "ELIGIBLE CERTIFIED COMMUNITY BEHAV-
IORAL HEALTH CLINICS" SHALL MEAN VOLUNTARY NON-PROFIT CERTIFIED COMMUNI-
TY BEHAVIORAL HEALTH CLINICS PARTICIPATING IN THE FEDERAL CERTIFIED
COMMUNITY BEHAVIORAL HEALTH CLINIC DEMONSTRATION AWARDED TO THE STATE BY
THE UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES SUBSTANCE
ABUSE AND MENTAL HEALTH SERVICES ADMINISTRATION AND OTHER CERTIFIED
COMMUNITY BEHAVIORAL HEALTH CLINICS CERTIFIED PURSUANT TO SECTION 36.05
OF THIS ARTICLE, WHICH DEMONSTRATE THAT A MINIMUM OF THREE PERCENT OF
TOTAL VISITS REPORTED DURING THE APPLICABLE BASE YEAR PERIOD, AS DETER-
MINED BY THE COMMISSIONERS, WERE TO UNINSURED INDIVIDUALS.
(3) FOR PURPOSES OF THIS SECTION, "LOSSES RESULTING FROM UNCOMPENSATED
CARE" SHALL MEAN LOSSES FROM REPORTED SELF-PAY AND FREE VISITS MULTI-
PLIED BY THE CLINIC'S MEDICAL ASSISTANCE PAYMENT RATE FOR THE APPLICABLE
DISTRIBUTION YEAR, OFFSET BY PAYMENTS RECEIVED FROM SUCH PATIENTS DURING
THE REPORTING PERIOD.
(B) A CERTIFIED COMMUNITY BEHAVIORAL HEALTH CLINIC QUALIFYING FOR A
DISTRIBUTION PURSUANT TO THIS SECTION SHALL PROVIDE ASSURANCES SATISFAC-
TORY TO THE COMMISSIONERS THAT IT SHALL UNDERTAKE REASONABLE EFFORTS TO
MAINTAIN FINANCIAL SUPPORT FROM COMMUNITY AND PUBLIC FUNDING SOURCES AND
REASONABLE EFFORTS TO COLLECT PAYMENTS FOR SERVICES FROM THIRD-PARTY
INSURANCE PAYORS, GOVERNMENTAL PAYORS AND SELF-PAYING PATIENTS.
(C) (1) FUNDING PURSUANT TO THIS SECTION SHALL BE ALLOCATED TO ELIGI-
BLE CERTIFIED COMMUNITY BEHAVIORAL HEALTH CLINICS BASED ON ACTUAL,
REPORTED LOSSES RESULTING FROM UNCOMPENSATED CARE IN A GIVEN BASE YEAR
PERIOD AND SHALL NOT EXCEED ONE HUNDRED PERCENT OF AN ELIGIBLE CLINIC'S
LOSSES IN THE SAME PERIOD.
(2) IF THE SUM OF ACTUAL, REPORTED LOSSES RESULTING FROM UNCOMPENSATED
CARE FOR ALL CERTIFIED COMMUNITY BEHAVIORAL HEALTH CLINICS EXCEEDS THE
AMOUNT APPROPRIATED THEREFOR IN A GIVEN BASE YEAR PERIOD, ALLOCATIONS OF
FUNDS FOR EACH ELIGIBLE CERTIFIED COMMUNITY BEHAVIORAL HEALTH CLINIC
SHALL BE ASSESSED PROPORTIONATELY BASED UPON THE PERCENTAGE OF THE TOTAL
NUMBER OF UNCOMPENSATED CARE VISITS FOR ALL CLINICS THAT EACH CLINIC
PROVIDED DURING THE BASE YEAR AND SHALL NOT EXCEED AMOUNTS APPROPRIATED
IN THE AGGREGATE.
(D) EXCEPT AS PROVIDED IN SUBDIVISION (E) OF THIS SECTION, FOR PERIODS
ON AND AFTER JULY FIRST, TWO THOUSAND TWENTY-THREE THROUGH JUNE THIRTI-
ETH, TWO THOUSAND TWENTY-SIX, FUNDS SHALL BE MADE AVAILABLE FOR PAYMENTS
PURSUANT TO THIS SECTION FOR ELIGIBLE CERTIFIED COMMUNITY BEHAVIORAL
HEALTH CLINICS FOR THE FOLLOWING PERIODS IN THE FOLLOWING AGGREGATE
AMOUNTS:
(1) FOR THE PERIOD OF JULY FIRST, TWO THOUSAND TWENTY-THREE THROUGH
JUNE THIRTIETH, TWO THOUSAND TWENTY-FOUR, UP TO TWENTY-TWO MILLION FIVE
HUNDRED THOUSAND DOLLARS;
(2) FOR THE PERIOD OF JULY FIRST, TWO THOUSAND TWENTY-FOUR THROUGH
JUNE THIRTIETH, TWO THOUSAND TWENTY-FIVE, UP TO FORTY-ONE MILLION TWO
HUNDRED FIFTY THOUSAND DOLLARS; AND
(3) FOR THE PERIOD OF JULY FIRST, TWO THOUSAND TWENTY-FIVE THROUGH
JUNE THIRTIETH, TWO THOUSAND TWENTY-SIX, UP TO FORTY-FIVE MILLION
DOLLARS.
(E) IN THE EVENT THAT FEDERAL FINANCIAL PARTICIPATION IS NOT AVAILABLE
FOR RATE ADJUSTMENTS PURSUANT TO THIS SECTION, FUNDS AVAILABLE FOR
S. 4007--A 529 A. 3007--A
PAYMENTS PURSUANT TO THIS SECTION FOR EACH ELIGIBLE CERTIFIED COMMUNITY
BEHAVIORAL HEALTH CLINIC SHALL BE LIMITED TO THE NON-FEDERAL SHARE
EQUIVALENT OF THE AMOUNTS SPECIFIED IN SUBDIVISION (D) OF THIS SECTION.
(F) ELIGIBLE CERTIFIED COMMUNITY BEHAVIORAL HEALTH CLINICS RECEIVING
FUNDING UNDER THIS SECTION SHALL NOT BE ELIGIBLE FOR COMPREHENSIVE DIAG-
NOSTIC AND TREATMENT CENTERS INDIGENT CARE PROGRAM FUNDING PURSUANT TO
SECTION TWO THOUSAND EIGHT HUNDRED SEVEN-P OF THE PUBLIC HEALTH LAW.
(G) THE COMMISSIONERS MAY REQUIRE FACILITIES RECEIVING DISTRIBUTIONS
PURSUANT TO THIS SECTION AS A CONDITION OF PARTICIPATING IN SUCH
DISTRIBUTIONS, TO PROVIDE REPORTS AND DATA TO THE OFFICE OF MENTAL
HEALTH AND THE OFFICE OF ADDICTION SERVICES AND SUPPORTS AS THE COMMIS-
SIONERS DEEM NECESSARY TO ADEQUATELY IMPLEMENT THE PROVISIONS OF THIS
SECTION.
§ 3. This act shall take effect immediately.
PART II
Section 1. This Part enacts into law major components of legislation
relating to improving access to behavioral health services. Each compo-
nent is wholly contained within a Subpart identified as Subparts A
through F. The effective date for each particular provision contained
within such Subpart is set forth in the last section of such Subpart.
Any provision in any section contained within a Subpart, including the
effective date of the Subpart, which makes reference to a section "of
this act", when used in connection with that particular component, shall
be deemed to mean and refer to the corresponding section of the Subpart
in which it is found. Section three of this act sets forth the general
effective date of this Part.
SUBPART A
Section 1. Item (i) of subparagraph (A) of paragraph 35 of subsection
(i) of section 3216 of the insurance law, as amended by chapter 818 of
the laws of 2022, is amended to read as follows:
(i) where the policy provides coverage for inpatient hospital care,
such policy shall include benefits: for inpatient care in a hospital as
defined by subdivision ten of section 1.03 of the mental hygiene law
[and benefits for]; SUB-ACUTE CARE IN A MEDICALLY-MONITORED RESIDENTIAL
FACILITY LICENSED, OPERATED, OR OTHERWISE AUTHORIZED BY THE OFFICE OF
MENTAL HEALTH; outpatient care provided [in] BY a facility issued an
operating certificate by the commissioner of mental health pursuant to
the provisions of article thirty-one of the mental hygiene law[,] or
[in] BY a facility operated by the office of mental health[, or in];
OUTPATIENT CARE PROVIDED BY a crisis stabilization center licensed
pursuant to section 36.01 of the mental hygiene law[,]; OUTPATIENT CARE
PROVIDED BY A MOBILE CRISIS INTERVENTION SERVICES PROVIDER LICENSED,
CERTIFIED, OR AUTHORIZED BY THE OFFICE OF MENTAL HEALTH, OFFICE OF
ADDICTION SERVICES AND SUPPORTS, OFFICE OF CHILDREN AND FAMILY SERVICES,
OR DEPARTMENT OF HEALTH; OUTPATIENT CARE FOR CARE COORDINATION SERVICES,
CRITICAL TIME INTERVENTION SERVICES, AND ASSERTIVE COMMUNITY TREATMENT
SERVICES, PROVIDED BY FACILITIES LICENSED, OPERATED, OR OTHERWISE
AUTHORIZED BY THE OFFICE OF MENTAL HEALTH, FOLLOWING DISCHARGE FROM A
HOSPITAL AS DEFINED BY SUBDIVISION TEN OF SECTION 1.03 OF THE MENTAL
HYGIENE LAW OR THE EMERGENCY DEPARTMENT OF A HOSPITAL LICENSED PURSUANT
TO ARTICLE TWENTY-EIGHT OF THE PUBLIC HEALTH LAW; or, for care provided
S. 4007--A 530 A. 3007--A
in other states, to similarly licensed or certified hospitals [or],
facilities, OR PROVIDERS; and
§ 2. Items (iii) and (iv) of subparagraph (E) of paragraph 35 of
subsection (i) of section 3216 of the insurance law, as added by section
8 of subpart A of part BB of chapter 57 of the laws of 2019, are amended
and two new items (v) and (vi) are added to read as follows:
(iii) "treatment limitation" means limits on the frequency of treat-
ment, number of visits, days of coverage, or other similar limits on the
scope or duration of treatment and includes nonquantitative treatment
limitations such as: medical management standards limiting or excluding
benefits based on medical necessity, or based on whether the treatment
is experimental or investigational; formulary design for prescription
drugs; network tier design; standards for provider admission to partic-
ipate in a network, including reimbursement rates; methods for determin-
ing usual, customary, and reasonable charges; fail-first or step therapy
protocols; exclusions based on failure to complete a course of treat-
ment; and restrictions based on geographic location, facility type,
provider specialty, and other criteria that limit the scope or duration
of benefits for services provided under the policy; [and]
(iv) "mental health condition" means any mental health disorder as
defined in the most recent edition of the diagnostic and statistical
manual of mental disorders or the most recent edition of another gener-
ally recognized independent standard of current medical practice such as
the international classification of diseases[.];
(V) "ASSERTIVE COMMUNITY TREATMENT" MEANS AN EVIDENCE-BASED, MOBILE,
PSYCHIATRIC TREATMENT INTERVENTION, DESIGNED FOR AN INDIVIDUAL WITH A
SERIOUS MENTAL HEALTH CONDITION WHO IS AT RISK FOR HOSPITALIZATION, THAT
INCLUDES PSYCHOTHERAPY, MEDICATION THERAPY, CRISIS INTERVENTION, PSYCHI-
ATRIC REHABILITATION, CARE COORDINATION, AND PEER SUPPORT SERVICES,
PROVIDED ASSERTIVELY IN THE COMMUNITY; AND
(VI) "CRITICAL TIME INTERVENTION SERVICES" MEANS EVIDENCE-BASED, TIME-
LIMITED, THERAPEUTIC INTERVENTIONS THAT BEGIN BEFORE AN INDIVIDUAL IS
DISCHARGED FROM AN INPATIENT SETTING, THAT INCLUDE INTENSIVE OUTREACH,
ENGAGEMENT, AND CARE COORDINATION SERVICES TO STABILIZE THE INDIVIDUAL
IN THE COMMUNITY.
§ 3. Paragraph 35 of subsection (i) of section 3216 of the insurance
law is amended by adding a new subparagraph (I) to read as follows:
(I) THIS SUBPARAGRAPH SHALL APPLY TO MOBILE CRISIS INTERVENTION
SERVICES PROVIDERS LICENSED, CERTIFIED, OR AUTHORIZED BY THE OFFICE OF
MENTAL HEALTH, OFFICE OF ADDICTION SERVICES AND SUPPORTS, OFFICE OF
CHILDREN AND FAMILY SERVICES, OR DEPARTMENT OF HEALTH. FOR PURPOSES OF
THIS SUBPARAGRAPH, "MOBILE CRISIS INTERVENTION SERVICES" MEANS MENTAL
HEALTH AND SUBSTANCE USE DISORDER SERVICES, INCLUDING ASSESSMENT AND
TREATMENT SERVICES AND PEER SUPPORT SERVICES, PROVIDED TO AN INDIVIDUAL
EXPERIENCING AN ACUTE PSYCHOLOGICAL CRISIS OR ACUTE EMOTIONAL DISTRESS
IN RELATION TO A MENTAL HEALTH CONDITION OR SUBSTANCE USE DISORDER,
INTENDED TO AMELIORATE THE CRISIS AND STABILIZE THE INDIVIDUAL AND
ENSURE ONGOING STABILIZATION AFTER THE INITIAL CRISIS RESPONSE.
(I) BENEFITS FOR COVERED SERVICES PROVIDED BY A MOBILE CRISIS INTER-
VENTION SERVICES PROVIDER SHALL NOT BE SUBJECT TO PREAUTHORIZATION.
(II) BENEFITS FOR COVERED SERVICES PROVIDED BY A MOBILE CRISIS INTER-
VENTION SERVICES PROVIDER SHALL BE COVERED REGARDLESS OF WHETHER THE
MOBILE CRISIS INTERVENTION SERVICES PROVIDER IS A PARTICIPATING PROVID-
ER.
(III) IF THE COVERED SERVICES ARE PROVIDED BY A NON-PARTICIPATING
MOBILE CRISIS INTERVENTION SERVICES PROVIDER, AN INSURER SHALL NOT
S. 4007--A 531 A. 3007--A
IMPOSE ANY ADMINISTRATIVE REQUIREMENT OR LIMITATION ON COVERAGE THAT IS
MORE RESTRICTIVE THAN THE REQUIREMENTS OR LIMITATIONS THAT APPLY TO
COVERED SERVICES RECEIVED FROM A PARTICIPATING MOBILE CRISIS INTER-
VENTION SERVICES PROVIDER.
(IV) IF THE COVERED SERVICES ARE PROVIDED BY A NON-PARTICIPATING
MOBILE CRISIS INTERVENTION SERVICES PROVIDER, THE INSURED'S COPAYMENT,
COINSURANCE, AND DEDUCTIBLE SHALL BE THE SAME AS WOULD APPLY IF SUCH
COVERED SERVICES WERE PROVIDED BY A PARTICIPATING MOBILE CRISIS INTER-
VENTION SERVICES PROVIDER.
§ 4. Paragraph 35 of subsection (i) of section 3216 of the insurance
law is amended by adding a new subparagraph (J) to read as follows:
(J) THIS SUBPARAGRAPH SHALL APPLY TO SCHOOL-BASED MENTAL HEALTH CLIN-
ICS THAT ARE LICENSED PURSUANT TO ARTICLE THIRTY-ONE OF THE MENTAL
HYGIENE LAW AND PROVIDE OUTPATIENT CARE IN PRE-SCHOOL, ELEMENTARY, OR
SECONDARY SCHOOLS. AN INSURER SHALL PROVIDE REIMBURSEMENT FOR COVERED
OUTPATIENT CARE WHEN PROVIDED BY SUCH SCHOOL-BASED MENTAL HEALTH CLINICS
AT A PRE-SCHOOL, ELEMENTARY, OR SECONDARY SCHOOL, REGARDLESS OF WHETHER
THE SCHOOL-BASED MENTAL HEALTH CLINIC FURNISHING SUCH SERVICES IS A
PARTICIPATING PROVIDER WITH RESPECT TO SUCH SERVICES. REIMBURSEMENT FOR
SUCH COVERED SERVICES SHALL BE AT THE RATE NEGOTIATED BETWEEN THE INSUR-
ER AND SCHOOL-BASED MENTAL HEALTH CLINIC OR, IN THE ABSENCE OF A NEGOTI-
ATED RATE, AN AMOUNT NO LESS THAN THE RATE THAT WOULD BE PAID FOR SUCH
SERVICES PURSUANT TO THE MEDICAL ASSISTANCE PROGRAM UNDER TITLE ELEVEN
OF ARTICLE FIVE OF THE SOCIAL SERVICES LAW. PAYMENT BY AN INSURER PURSU-
ANT TO THIS SECTION SHALL BE PAYMENT IN FULL FOR THE SERVICES PROVIDED.
THE SCHOOL-BASED MENTAL HEALTH CLINIC REIMBURSED PURSUANT TO THIS
SECTION SHALL NOT CHARGE OR SEEK ANY REIMBURSEMENT FROM, OR HAVE ANY
RECOURSE AGAINST, AN INSURED FOR THE SERVICES PROVIDED PURSUANT TO THIS
SUBPARAGRAPH, EXCEPT FOR THE COLLECTION OF IN-NETWORK COPAYMENTS, COIN-
SURANCE, OR DEDUCTIBLES FOR WHICH THE INSURED IS RESPONSIBLE FOR UNDER
THE TERMS OF THE POLICY.
§ 5. Item (i) of subparagraph (A) of paragraph 5 of subsection (l) of
section 3221 of the insurance law, as amended by section 14 of part AA
of chapter 57 of the laws of 2021, is amended to read as follows:
(i) where the policy provides coverage for inpatient hospital care,
benefits for: inpatient care in a hospital as defined by subdivision ten
of section 1.03 of the mental hygiene law [and benefits for]; SUB-ACUTE
CARE IN A MEDICALLY-MONITORED RESIDENTIAL FACILITY LICENSED, OPERATED,
OR OTHERWISE AUTHORIZED BY THE OFFICE OF MENTAL HEALTH; outpatient care
provided [in] BY a facility issued an operating certificate by the
commissioner of mental health pursuant to the provisions of article
thirty-one of the mental hygiene law, or [in] BY a facility operated by
the office of mental health [or in]; OUTPATIENT CARE PROVIDED BY a
crisis stabilization center licensed pursuant to section 36.01 of the
mental hygiene law; OUTPATIENT CARE PROVIDED BY A MOBILE CRISIS INTER-
VENTION SERVICES PROVIDER LICENSED, CERTIFIED, OR AUTHORIZED BY THE
OFFICE OF MENTAL HEALTH, OFFICE OF ADDICTION SERVICES AND SUPPORTS,
OFFICE OF CHILDREN AND FAMILY SERVICES, OR DEPARTMENT OF HEALTH; OUTPA-
TIENT CARE FOR CARE COORDINATION SERVICES, CRITICAL TIME INTERVENTION
SERVICES, AND ASSERTIVE COMMUNITY TREATMENT SERVICES, PROVIDED BY FACIL-
ITIES LICENSED, OPERATED, OR OTHERWISE AUTHORIZED BY THE OFFICE OF
MENTAL HEALTH OR THE DEPARTMENT OF HEALTH, FOLLOWING DISCHARGE FROM A
HOSPITAL AS DEFINED BY SUBDIVISION TEN OF SECTION 1.03 OF THE MENTAL
HYGIENE LAW OR THE EMERGENCY DEPARTMENT OF A HOSPITAL LICENSED PURSUANT
TO ARTICLE TWENTY-EIGHT OF THE PUBLIC HEALTH LAW; or, for care provided
S. 4007--A 532 A. 3007--A
in other states, to similarly licensed or certified hospitals [or],
facilities, OR PROVIDERS; and
§ 6. Items (iii) and (iv) of subparagraph (E) of paragraph 5 of
subsection (l) of section 3221 of the insurance law, as added by section
14 of subpart A of part BB of chapter 57 of the laws of 2019, are
amended and two new items (v) and (vi) are added to read as follows:
(iii) "treatment limitation" means limits on the frequency of treat-
ment, number of visits, days of coverage, or other similar limits on the
scope or duration of treatment and includes nonquantitative treatment
limitations such as: medical management standards limiting or excluding
benefits based on medical necessity, or based on whether the treatment
is experimental or investigational; formulary design for prescription
drugs; network tier design; standards for provider admission to partic-
ipate in a network, including reimbursement rates; methods for determin-
ing usual, customary, and reasonable charges; fail-first or step therapy
protocols; exclusions based on failure to complete a course of treat-
ment; and restrictions based on geographic location, facility type,
provider specialty, and other criteria that limit the scope or duration
of benefits for services provided under the policy; [and]
(iv) "mental health condition" means any mental health disorder as
defined in the most recent edition of the diagnostic and statistical
manual of mental disorders or the most recent edition of another gener-
ally recognized independent standard of current medical practice such as
the international classification of diseases[.];
(V) "ASSERTIVE COMMUNITY TREATMENT" MEANS AN EVIDENCE-BASED, MOBILE,
PSYCHIATRIC TREATMENT INTERVENTION, DESIGNED FOR PEOPLE WITH A SERIOUS
MENTAL HEALTH CONDITION WHO ARE AT RISK FOR HOSPITALIZATION, THAT
INCLUDES PSYCHOTHERAPY, MEDICATION THERAPY, CRISIS INTERVENTION, PSYCHI-
ATRIC REHABILITATION, CARE COORDINATION, AND PEER SUPPORT SERVICES,
PROVIDED ASSERTIVELY IN THE COMMUNITY; AND
(VI) "CRITICAL TIME INTERVENTION SERVICES" MEANS EVIDENCE-BASED, TIME-
LIMITED, THERAPEUTIC INTERVENTIONS THAT BEGIN BEFORE AN INDIVIDUAL IS
DISCHARGED FROM AN INPATIENT SETTING, THAT INCLUDE INTENSIVE OUTREACH,
ENGAGEMENT, AND CARE COORDINATION SERVICES TO STABILIZE INDIVIDUALS IN
THE COMMUNITY.
§ 7. Paragraph 5 of subsection (l) of section 3221 of the insurance
law is amended by adding a new subparagraph (I) to read as follows:
(I) THIS SUBPARAGRAPH SHALL APPLY TO MOBILE CRISIS INTERVENTION
SERVICES PROVIDERS LICENSED, CERTIFIED, OR AUTHORIZED BY THE OFFICE OF
MENTAL HEALTH, OFFICE OF ADDICTION SERVICES AND SUPPORTS, OFFICE OF
CHILDREN AND FAMILY SERVICES, OR DEPARTMENT OF HEALTH. FOR PURPOSES OF
THIS SUBPARAGRAPH, "MOBILE CRISIS INTERVENTION SERVICES" MEANS MENTAL
HEALTH AND SUBSTANCE USE DISORDER SERVICES, INCLUDING ASSESSMENT AND
TREATMENT SERVICES AND PEER SUPPORT SERVICES, PROVIDED TO AN INDIVIDUAL
EXPERIENCING AN ACUTE PSYCHOLOGICAL CRISIS OR ACUTE EMOTIONAL DISTRESS
IN RELATION TO A MENTAL HEALTH CONDITION OR SUBSTANCE USE DISORDER,
INTENDED TO AMELIORATE THE CRISIS AND STABILIZE THE INDIVIDUAL AND
ENSURE ONGOING STABILIZATION AFTER THE INITIAL CRISIS RESPONSE.
(I) BENEFITS FOR COVERED SERVICES PROVIDED BY A MOBILE CRISIS INTER-
VENTION SERVICES PROVIDER SHALL NOT BE SUBJECT TO PREAUTHORIZATION.
(II) BENEFITS FOR COVERED SERVICES PROVIDED BY A MOBILE CRISIS INTER-
VENTION SERVICES PROVIDER SHALL BE COVERED REGARDLESS OF WHETHER THE
MOBILE CRISIS INTERVENTION SERVICES PROVIDER IS A PARTICIPATING PROVID-
ER.
(III) IF THE COVERED SERVICES ARE PROVIDED BY A NON-PARTICIPATING
MOBILE CRISIS INTERVENTION SERVICES PROVIDER, AN INSURER SHALL NOT
S. 4007--A 533 A. 3007--A
IMPOSE ANY ADMINISTRATIVE REQUIREMENT OR LIMITATION ON COVERAGE THAT IS
MORE RESTRICTIVE THAN THE REQUIREMENTS OR LIMITATIONS THAT APPLY TO
COVERED SERVICES RECEIVED FROM A PARTICIPATING MOBILE CRISIS INTER-
VENTION SERVICES PROVIDER.
(IV) IF THE COVERED SERVICES ARE PROVIDED BY A NON-PARTICIPATING
MOBILE CRISIS INTERVENTION SERVICES PROVIDER, THE INSURED'S COPAYMENT,
COINSURANCE, AND DEDUCTIBLE SHALL BE THE SAME AS WOULD APPLY IF SUCH
COVERED SERVICES WERE PROVIDED BY A PARTICIPATING MOBILE CRISIS INTER-
VENTION SERVICES PROVIDER.
§ 8. Paragraph 5 of subsection (l) of section 3221 of the insurance
law is amended by adding a new subparagraph (J) to read as follows:
(J) THIS SUBPARAGRAPH SHALL APPLY TO SCHOOL-BASED MENTAL HEALTH CLIN-
ICS THAT ARE LICENSED PURSUANT TO ARTICLE THIRTY-ONE OF THE MENTAL
HYGIENE LAW AND PROVIDE OUTPATIENT CARE IN PRE-SCHOOL, ELEMENTARY, OR
SECONDARY SCHOOLS. AN INSURER SHALL PROVIDE REIMBURSEMENT FOR COVERED
OUTPATIENT CARE WHEN PROVIDED BY SUCH SCHOOL-BASED MENTAL HEALTH CLINICS
AT A PRE-SCHOOL, ELEMENTARY, OR SECONDARY SCHOOL, REGARDLESS OF WHETHER
THE SCHOOL-BASED MENTAL HEALTH CLINIC FURNISHING SUCH SERVICES IS A
PARTICIPATING PROVIDER WITH RESPECT TO SUCH SERVICES. REIMBURSEMENT FOR
SUCH COVERED SERVICES SHALL BE AT THE RATE NEGOTIATED BETWEEN THE INSUR-
ER AND SCHOOL-BASED MENTAL HEALTH CLINIC OR, IN THE ABSENCE OF A NEGOTI-
ATED RATE, AN AMOUNT NO LESS THAN THE RATE THAT WOULD BE PAID FOR SUCH
SERVICES PURSUANT TO THE MEDICAL ASSISTANCE PROGRAM UNDER TITLE ELEVEN
OF ARTICLE FIVE OF THE SOCIAL SERVICES LAW. PAYMENT BY AN INSURER PURSU-
ANT TO THIS SECTION SHALL BE PAYMENT IN FULL FOR THE SERVICES PROVIDED.
THE SCHOOL-BASED MENTAL HEALTH CLINIC REIMBURSED PURSUANT TO THIS
SECTION SHALL NOT CHARGE OR SEEK ANY REIMBURSEMENT FROM OR HAVE ANY
RECOURSE AGAINST, AN INSURED FOR THE SERVICES PROVIDED PURSUANT TO THIS
SUBPARAGRAPH, EXCEPT FOR THE COLLECTION OF IN-NETWORK COPAYMENTS, COIN-
SURANCE, OR DEDUCTIBLES FOR WHICH THE INSURED IS RESPONSIBLE FOR UNDER
THE TERMS OF THE POLICY.
§ 9. Paragraph 1 of subsection (g) of section 4303 of the insurance
law, as amended by section 18 of part AA of chapter 57 of the laws of
2021, is amended to read as follows:
(1) where the contract provides coverage for inpatient hospital care,
benefits for: in-patient care in a hospital as defined by subdivision
ten of section 1.03 of the mental hygiene law [or for inpatient care
provided in other states, to similarly licensed hospitals, and benefits
for]; SUB-ACUTE CARE IN A MEDICALLY-MONITORED RESIDENTIAL FACILITY
LICENSED, OPERATED, OR OTHERWISE AUTHORIZED BY THE OFFICE OF MENTAL
HEALTH; [out-patient] OUTPATIENT care provided [in] BY a facility issued
an operating certificate by the commissioner of mental health pursuant
to the provisions of article thirty-one of the mental hygiene law or
[in] BY a facility operated by the office of mental health [or in];
OUTPATIENT CARE PROVIDED BY a crisis stabilization center licensed
pursuant to section 36.01 of the mental hygiene law; OUTPATIENT CARE
PROVIDED BY A MOBILE CRISIS INTERVENTION SERVICES PROVIDER LICENSED,
CERTIFIED, OR AUTHORIZED BY THE OFFICE OF MENTAL HEALTH, OFFICE OF
ADDICTION SERVICES AND SUPPORTS, OFFICE OF CHILDREN AND FAMILY SERVICES,
OR DEPARTMENT OF HEALTH; OUTPATIENT CARE FOR CARE COORDINATION SERVICES,
CRITICAL TIME INTERVENTION SERVICES, AND ASSERTIVE COMMUNITY TREATMENT
SERVICES, PROVIDED BY FACILITIES LICENSED, OPERATED, OR OTHERWISE
AUTHORIZED BY THE OFFICE OF MENTAL HEALTH OR THE DEPARTMENT OF HEALTH,
FOLLOWING DISCHARGE FROM A HOSPITAL AS DEFINED BY SUBDIVISION TEN OF
SECTION 1.03 OF THE MENTAL HYGIENE LAW OR THE EMERGENCY DEPARTMENT OF A
HOSPITAL LICENSED PURSUANT TO ARTICLE TWENTY-EIGHT OF THE PUBLIC HEALTH
S. 4007--A 534 A. 3007--A
LAW; or for [out-patient] care provided in other states, to similarly
LICENSED OR certified HOSPITALS, facilities, OR PROVIDERS; and
§ 10. Subparagraphs (C) and (D) of paragraph 6 of subsection (g) of
section 4303 of the insurance law, as added by section 23 of subpart A
of part BB of chapter 57 of the laws of 2019, are amended and two new
subparagraphs (E) and (F) are added to read as follows:
(C) "treatment limitation" means limits on the frequency of treatment,
number of visits, days of coverage, or other similar limits on the scope
or duration of treatment and includes nonquantitative treatment limita-
tions such as: medical management standards limiting or excluding bene-
fits based on medical necessity, or based on whether the treatment is
experimental or investigational; formulary design for prescription
drugs; network tier design; standards for provider admission to partic-
ipate in a network, including reimbursement rates; methods for determin-
ing usual, customary, and reasonable charges; fail-first or step therapy
protocols; exclusions based on failure to complete a course of treat-
ment; and restrictions based on geographic location, facility type,
provider specialty, and other criteria that limit the scope or duration
of benefits for services provided under the contract; [and]
(D) "mental health condition" means any mental health disorder as
defined in the most recent edition of the diagnostic and statistical
manual of mental disorders or the most recent edition of another gener-
ally recognized independent standard of current medical practice such as
the international classification of diseases[.];
(E) "ASSERTIVE COMMUNITY TREATMENT" MEANS AN EVIDENCE-BASED, MOBILE,
PSYCHIATRIC TREATMENT INTERVENTION, DESIGNED FOR AN INDIVIDUAL WITH A
SERIOUS MENTAL HEALTH CONDITION WHO IS AT RISK FOR HOSPITALIZATION, THAT
INCLUDES PSYCHOTHERAPY, MEDICATION THERAPY, CRISIS INTERVENTION, PSYCHI-
ATRIC REHABILITATION, CARE COORDINATION, AND PEER SUPPORT SERVICES,
PROVIDED ASSERTIVELY IN THE COMMUNITY; AND
(F) "CRITICAL TIME INTERVENTION SERVICES" MEANS EVIDENCE-BASED, TIME-
LIMITED, THERAPEUTIC INTERVENTIONS THAT BEGIN BEFORE AN INDIVIDUAL IS
DISCHARGED FROM AN INPATIENT SETTING, THAT INCLUDE INTENSIVE OUTREACH,
ENGAGEMENT, AND CARE COORDINATION SERVICES TO STABILIZE INDIVIDUALS IN
THE COMMUNITY.
§ 11. Subsection (g) of section 4303 of the insurance law is amended
by adding a new paragraph 10 to read as follows:
(10) THIS PARAGRAPH SHALL APPLY TO MOBILE CRISIS INTERVENTION SERVICES
PROVIDERS LICENSED, CERTIFIED, OR AUTHORIZED BY THE OFFICE OF MENTAL
HEALTH, OFFICE OF ADDICTION SERVICES AND SUPPORTS, OFFICE OF CHILDREN
AND FAMILY SERVICES, OR DEPARTMENT OF HEALTH. FOR PURPOSES OF THIS PARA-
GRAPH, "MOBILE CRISIS INTERVENTION SERVICES" MEANS MENTAL HEALTH AND
SUBSTANCE USE DISORDER SERVICES, INCLUDING ASSESSMENT AND TREATMENT
SERVICES AND PEER SUPPORT SERVICES, PROVIDED TO AN INDIVIDUAL EXPERIENC-
ING AN ACUTE PSYCHOLOGICAL CRISIS OR ACUTE EMOTIONAL DISTRESS IN
RELATION TO A MENTAL HEALTH CONDITION OR SUBSTANCE USE DISORDER,
INTENDED TO AMELIORATE THE CRISIS AND STABILIZE THE INDIVIDUAL AND
ENSURE ONGOING STABILIZATION AFTER THE INITIAL CRISIS RESPONSE.
(A) BENEFITS FOR COVERED SERVICES PROVIDED BY A MOBILE CRISIS INTER-
VENTION SERVICES PROVIDER SHALL NOT BE SUBJECT TO PREAUTHORIZATION.
(B) BENEFITS FOR COVERED SERVICES PROVIDED BY A MOBILE CRISIS INTER-
VENTION SERVICES PROVIDER SHALL BE COVERED REGARDLESS OF WHETHER THE
MOBILE CRISIS INTERVENTION SERVICES PROVIDER IS A PARTICIPATING PROVID-
ER.
(C) IF THE COVERED SERVICES ARE PROVIDED BY A NON-PARTICIPATING
MOBILE CRISIS INTERVENTION SERVICES PROVIDER, A CORPORATION SHALL NOT
S. 4007--A 535 A. 3007--A
IMPOSE ANY ADMINISTRATIVE REQUIREMENT OR LIMITATION ON COVERAGE THAT IS
MORE RESTRICTIVE THAN THE REQUIREMENTS OR LIMITATIONS THAT APPLY TO
COVERED SERVICES RECEIVED FROM A PARTICIPATING MOBILE CRISIS INTER-
VENTION SERVICES PROVIDER.
(D) IF THE COVERED SERVICES ARE PROVIDED BY A NON-PARTICIPATING
MOBILE CRISIS INTERVENTION SERVICES PROVIDER, THE INSURED'S COPAYMENT,
COINSURANCE, AND DEDUCTIBLE SHALL BE THE SAME AS WOULD APPLY IF SUCH
COVERED SERVICES WERE PROVIDED BY A PARTICIPATING MOBILE CRISIS INTER-
VENTION SERVICES PROVIDER.
§ 12. Subsection (g) of section 4303 of the insurance law is amended
by adding a new paragraph 11 to read as follows:
(11) THIS PARAGRAPH SHALL APPLY TO SCHOOL-BASED MENTAL HEALTH CLINICS
THAT ARE LICENSED PURSUANT TO ARTICLE THIRTY-ONE OF THE MENTAL HYGIENE
LAW AND PROVIDE OUTPATIENT CARE IN PRE-SCHOOL, ELEMENTARY, OR SECONDARY
SCHOOLS. A CORPORATION SHALL PROVIDE REIMBURSEMENT FOR COVERED OUTPA-
TIENT CARE WHEN PROVIDED BY SUCH SCHOOL-BASED MENTAL HEALTH CLINICS AT A
PRE-SCHOOL, ELEMENTARY, OR SECONDARY SCHOOL, REGARDLESS OF WHETHER THE
SCHOOL-BASED MENTAL HEALTH CLINIC FURNISHING SUCH SERVICES IS A PARTIC-
IPATING PROVIDER WITH RESPECT TO SUCH SERVICES. REIMBURSEMENT FOR SUCH
COVERED SERVICES SHALL BE AT THE RATE NEGOTIATED BETWEEN THE CORPORATION
AND SCHOOL-BASED MENTAL HEALTH CLINIC OR, IN THE ABSENCE OF A NEGOTIATED
RATE, AN AMOUNT NO LESS THAN THE RATE THAT WOULD BE PAID FOR SUCH
SERVICES PURSUANT TO THE MEDICAL ASSISTANCE PROGRAM UNDER TITLE ELEVEN
OF ARTICLE FIVE OF THE SOCIAL SERVICES LAW. PAYMENT BY A CORPORATION
PURSUANT TO THIS SECTION SHALL BE PAYMENT IN FULL FOR THE SERVICES
PROVIDED. THE SCHOOL-BASED MENTAL HEALTH CLINIC REIMBURSED PURSUANT TO
THIS SECTION SHALL NOT CHARGE OR SEEK ANY REIMBURSEMENT FROM, OR HAVE
ANY RECOURSE AGAINST, A CORPORATION FOR THE SERVICES PROVIDED PURSUANT
TO THIS PARAGRAPH, EXCEPT FOR THE COLLECTION OF IN-NETWORK COPAYMENTS,
COINSURANCE, OR DEDUCTIBLES FOR WHICH THE INSURED IS RESPONSIBLE FOR
UNDER THE TERMS OF THE CONTRACT.
§ 13. Paragraphs 1 and 2 of subsection (a) of section 605 of the
financial services law, as amended by section 5 of subpart A of part AA
of chapter 57 of the laws of 2022, are amended to read as follows:
(1) When a health care plan receives a bill for emergency services
from a non-participating provider, including a bill for inpatient
services which follow an emergency room visit, OR A BILL FOR SERVICES
FROM A MOBILE CRISIS INTERVENTION SERVICES PROVIDER LICENSED, CERTIFIED,
OR AUTHORIZED BY THE OFFICE OF MENTAL HEALTH, OFFICE OF ADDICTION
SERVICES AND SUPPORTS, OFFICE OF CHILDREN AND FAMILY SERVICES, OR
DEPARTMENT OF HEALTH, the health care plan shall pay an amount that it
determines is reasonable for the emergency services, including inpatient
services which follow an emergency room visit OR FOR THE MOBILE CRISIS
INTERVENTION SERVICES, rendered by the non-participating provider, in
accordance with section three thousand two hundred twenty-four-a of the
insurance law, except for the insured's co-payment, coinsurance or
deductible, if any, and shall ensure that the insured shall incur no
greater out-of-pocket costs for the emergency services, including inpa-
tient services which follow an emergency room visit OR FOR THE MOBILE
CRISIS INTERVENTION SERVICES, than the insured would have incurred with
a participating provider. The non-participating provider may bill the
health care plan for the services rendered. Upon receipt of the bill,
the health care plan shall pay the non-participating provider the amount
prescribed by this section and any subsequent amount determined to be
owed to the provider in relation to the emergency services provided,
S. 4007--A 536 A. 3007--A
including inpatient services which follow an emergency room visit OR
FOR THE MOBILE CRISIS INTERVENTION SERVICES.
(2) A non-participating provider or a health care plan may submit a
dispute regarding a fee or payment for emergency services, including
inpatient services which follow an emergency room visit, OR FOR
SERVICES RENDERED BY A MOBILE CRISIS INTERVENTION SERVICES PROVIDER
LICENSED, CERTIFIED, OR AUTHORIZED BY THE OFFICE OF MENTAL HEALTH,
OFFICE OF ADDICTION SERVICES AND SUPPORTS, OFFICE OF CHILDREN AND FAMILY
SERVICES, OR DEPARTMENT OF HEALTH, for review to an independent dispute
resolution entity.
§ 14. Subsection (b) of section 606 of the financial services law, as
amended by section 7 of subpart A of part AA of chapter 57 of the laws
of 2022, is amended to read as follows:
(b) A non-participating provider shall not bill an insured for emer-
gency services, including inpatient services which follow an emergency
room visit, OR FOR SERVICES RENDERED BY A MOBILE CRISIS INTERVENTION
SERVICES PROVIDER LICENSED, CERTIFIED, OR AUTHORIZED BY THE OFFICE OF
MENTAL HEALTH, OFFICE OF ADDICTION SERVICES AND SUPPORTS, OFFICE OF
CHILDREN AND FAMILY SERVICES, OR DEPARTMENT OF HEALTH, except for any
applicable copayment, coinsurance or deductible that would be owed if
the insured utilized a participating provider.
§ 15. This act shall take effect January 1, 2024; provided, however,
that sections one through twelve of this act shall apply to policies and
contracts issued, renewed, amended, modified or altered on or after such
date.
SUBPART B
Section 1. Subparagraphs (G) and (H) of paragraph 35 of subsection (i)
of section 3216 of the insurance law, subparagraph (G) as added by
section 8 of subpart A of part BB of chapter 57 of the laws of 2019 and
subparagraph (H) as added by section 13 of part AA of chapter 57 of the
laws of 2021, are amended to read as follows:
(G) This subparagraph shall apply to hospitals AND MEDICALLY-MONITORED
CRISIS RESIDENTIAL FACILITIES in this state that are licensed, OPERATED,
OR OTHERWISE AUTHORIZED by the office of mental health that are partic-
ipating in the insurer's provider network. Where the policy provides
coverage for inpatient hospital care, benefits for inpatient hospital
care in a hospital as defined by subdivision ten of section 1.03 of the
mental hygiene law [provided to individuals who have not attained the
age of eighteen] AND BENEFITS FOR SUB-ACUTE CARE IN A MEDICALLY-MONI-
TORED CRISIS RESIDENTIAL FACILITY LICENSED, OPERATED, OR OTHERWISE
AUTHORIZED BY THE OFFICE OF MENTAL HEALTH shall not be subject to preau-
thorization. Coverage provided under this subparagraph shall also not be
subject to concurrent utilization review FOR INDIVIDUALS WHO HAVE NOT
ATTAINED THE AGE OF EIGHTEEN during the first fourteen days of the inpa-
tient admission, provided the facility notifies the insurer of both the
admission and the initial treatment plan within two business days of the
admission, performs daily clinical review of the [patient] INSURED, and
participates in periodic consultation with the insurer to ensure that
the facility is using the evidence-based and peer reviewed clinical
review criteria utilized by the insurer which is approved by the office
of mental health and appropriate to the age of the [patient] INSURED, to
ensure that the inpatient care is medically necessary for the [patient]
INSURED. FOR INDIVIDUALS WHO HAVE ATTAINED AGE EIGHTEEN, COVERAGE
PROVIDED UNDER THIS SUBPARAGRAPH SHALL ALSO NOT BE SUBJECT TO CONCURRENT
S. 4007--A 537 A. 3007--A
REVIEW DURING THE FIRST THIRTY DAYS OF THE INPATIENT OR RESIDENTIAL
ADMISSION, PROVIDED THE FACILITY NOTIFIES THE INSURER OF BOTH THE ADMIS-
SION AND THE INITIAL TREATMENT PLAN WITHIN TWO BUSINESS DAYS OF THE
ADMISSION, PERFORMS DAILY CLINICAL REVIEW OF THE INSURED, AND PARTIC-
IPATES IN PERIODIC CONSULTATION WITH THE INSURER TO ENSURE THAT THE
FACILITY IS USING THE EVIDENCE-BASED AND PEER REVIEWED CLINICAL REVIEW
CRITERIA UTILIZED BY THE INSURER WHICH IS APPROVED BY THE OFFICE OF
MENTAL HEALTH AND APPROPRIATE TO THE AGE OF THE INSURED, TO ENSURE THAT
THE INPATIENT OR RESIDENTIAL CARE IS MEDICALLY NECESSARY FOR THE
INSURED. HOWEVER, CONCURRENT REVIEW MAY BE PERFORMED DURING THE FIRST
THIRTY DAYS IF AN INSURED MEETS CLINICAL CRITERIA DESIGNATED BY THE
OFFICE OF MENTAL HEALTH OR WHERE THE INSURED IS ADMITTED TO A HOSPITAL
OR FACILITY WHICH HAS BEEN DESIGNATED BY THE OFFICE OF MENTAL HEALTH FOR
CONCURRENT REVIEW, IN CONSULTATION WITH THE COMMISSIONER OF HEALTH AND
THE SUPERINTENDENT. All treatment provided under this subparagraph may
be reviewed retrospectively. Where care is denied retrospectively, an
insured shall not have any financial obligation to the facility for any
treatment under this subparagraph other than any copayment, coinsurance,
or deductible otherwise required under the policy.
(H) This subparagraph shall apply to crisis stabilization centers in
this state that are licensed pursuant to section 36.01 of the mental
hygiene law and participate in the insurer's provider network. Benefits
for care [in] BY a crisis stabilization center shall not be subject to
preauthorization. All treatment provided under this subparagraph may be
reviewed retrospectively. Where care is denied retrospectively, an
insured shall not have any financial obligation to the facility for any
treatment under this subparagraph other than any copayment, coinsurance,
or deductible otherwise required under the policy.
§ 2. Subparagraphs (G) and (H) of paragraph 5 of subsection (l) of
section 3221 of the insurance law, subparagraph (G) as added by section
14 of subpart A of part BB of chapter 57 of the laws of 2019 and subpar-
agraph (H) as added by section 15 of part AA of chapter 57 of the laws
of 2021, are amended to read as follows:
(G) This subparagraph shall apply to hospitals AND MEDICALLY-MONITORED
CRISIS RESIDENTIAL FACILITIES in this state that are licensed, OPERATED,
OR OTHERWISE AUTHORIZED by the office of mental health that are partic-
ipating in the insurer's provider network. Where the policy provides
coverage for inpatient hospital care, benefits for inpatient hospital
care in a hospital as defined by subdivision ten of section 1.03 of the
mental hygiene law [provided to individuals who have not attained the
age of eighteen] AND BENEFITS FOR SUB-ACUTE CARE IN A MEDICALLY-MONI-
TORED CRISIS RESIDENTIAL FACILITY, OPERATED OR OTHERWISE AUTHORIZED BY
THE OFFICE OF MENTAL HEALTH shall not be subject to preauthorization.
Coverage provided under this subparagraph shall also not be subject to
concurrent utilization review FOR INDIVIDUALS WHO HAVE NOT ATTAINED THE
AGE OF EIGHTEEN during the first fourteen days of the inpatient admis-
sion, provided the facility notifies the insurer of both the admission
and the initial treatment plan within two business days of the admis-
sion, performs daily clinical review of the [patient] INSURED, and
participates in periodic consultation with the insurer to ensure that
the facility is using the evidence-based and peer reviewed clinical
review criteria utilized by the insurer which is approved by the office
of mental health and appropriate to the age of the [patient] INSURED to
ensure that the inpatient care is medically necessary for the [patient]
INSURED. FOR INDIVIDUALS WHO HAVE ATTAINED AGE EIGHTEEN, COVERAGE
PROVIDED UNDER THIS SUBPARAGRAPH SHALL ALSO NOT BE SUBJECT TO CONCURRENT
S. 4007--A 538 A. 3007--A
REVIEW DURING THE FIRST THIRTY DAYS OF THE INPATIENT OR RESIDENTIAL
ADMISSION, PROVIDED THE FACILITY NOTIFIES THE INSURER OF BOTH THE ADMIS-
SION AND THE INITIAL TREATMENT PLAN WITHIN TWO BUSINESS DAYS OF THE
ADMISSION, PERFORMS DAILY CLINICAL REVIEW OF THE INSURED, AND PARTIC-
IPATES IN PERIODIC CONSULTATION WITH THE INSURER TO ENSURE THAT THE
FACILITY IS USING THE EVIDENCE-BASED AND PEER REVIEWED CLINICAL REVIEW
CRITERIA UTILIZED BY THE INSURER WHICH IS APPROVED BY THE OFFICE OF
MENTAL HEALTH AND APPROPRIATE TO THE AGE OF THE INSURED, TO ENSURE THAT
THE INPATIENT OR RESIDENTIAL CARE IS MEDICALLY NECESSARY FOR THE
INSURED. HOWEVER, CONCURRENT REVIEW MAY BE PERFORMED DURING THE FIRST
THIRTY DAYS IF AN INSURED MEETS CLINICAL CRITERIA DESIGNATED BY THE
OFFICE OF MENTAL HEALTH OR WHERE THE INSURED IS ADMITTED TO A HOSPITAL
OR FACILITY WHICH HAS BEEN DESIGNATED BY THE OFFICE OF MENTAL HEALTH FOR
CONCURRENT REVIEW, IN CONSULTATION WITH THE COMMISSIONER OF HEALTH AND
THE SUPERINTENDENT. All treatment provided under this subparagraph may
be reviewed retrospectively. Where care is denied retrospectively, an
insured shall not have any financial obligation to the facility for any
treatment under this subparagraph other than any copayment, coinsurance,
or deductible otherwise required under the policy.
(H) This subparagraph shall apply to crisis stabilization centers in
this state that are licensed pursuant to section 36.01 of the mental
hygiene law and participate in the insurer's provider network. Benefits
for care [in] BY a crisis stabilization center shall not be subject to
preauthorization. All treatment provided under this subparagraph may be
reviewed retrospectively. Where care is denied retrospectively, an
insured shall not have any financial obligation to the facility for any
treatment under this subparagraph other than any copayment, coinsurance,
or deductible otherwise required under the policy.
§ 3. Paragraphs 8 and 9 of subsection (g) of section 4303 of the
insurance law, paragraph 8 as added by section 23 of subpart A of part
BB of chapter 57 of the laws of 2019 and paragraph 9 as added by section
19 of part AA of chapter 57 of the laws of 2021, are amended to read as
follows:
(8) This paragraph shall apply to hospitals AND MEDICALLY-MONITORED
CRISIS RESIDENTIAL FACILITIES in this state that are licensed, OPERATED
OR OTHERWISE AUTHORIZED by the office of mental health that are partic-
ipating in the corporation's provider network. Where the contract
provides coverage for inpatient hospital care, benefits for inpatient
hospital care in a hospital as defined by subdivision ten of section
1.03 of the mental hygiene law [provided to individuals who have not
attained the age of eighteen] AND BENEFITS FOR SUB-ACUTE CARE IN A MEDI-
CALLY-MONITORED CRISIS RESIDENTIAL FACILITY LICENSED, OPERATED, OR
OTHERWISE AUTHORIZED BY THE OFFICE OF MENTAL HEALTH shall not be subject
to preauthorization. Coverage provided under this paragraph shall also
not be subject to concurrent utilization review FOR INDIVIDUALS WHO HAVE
NOT ATTAINED THE AGE OF EIGHTEEN during the first fourteen days of the
inpatient admission, provided the facility notifies the corporation of
both the admission and the initial treatment plan within two business
days of the admission, performs daily clinical review of the [patient]
INSURED, and participates in periodic consultation with the corporation
to ensure that the facility is using the evidence-based and peer
reviewed clinical review criteria utilized by the corporation which is
approved by the office of mental health and appropriate to the age of
the [patient] INSURED, to ensure that the inpatient care is medically
necessary for the [patient] INSURED. FOR INDIVIDUALS WHO HAVE ATTAINED
AGE EIGHTEEN, COVERAGE PROVIDED UNDER THIS PARAGRAPH SHALL ALSO NOT BE
S. 4007--A 539 A. 3007--A
SUBJECT TO CONCURRENT REVIEW DURING THE FIRST THIRTY DAYS OF THE INPA-
TIENT OR RESIDENTIAL ADMISSION, PROVIDED THE FACILITY NOTIFIES THE
CORPORATION OF BOTH THE ADMISSION AND THE INITIAL TREATMENT PLAN WITHIN
TWO BUSINESS DAYS OF THE ADMISSION, PERFORMS DAILY CLINICAL REVIEW OF
THE INSURED, AND PARTICIPATES IN PERIODIC CONSULTATION WITH THE CORPO-
RATION TO ENSURE THAT THE FACILITY IS USING THE EVIDENCE-BASED AND PEER
REVIEWED CLINICAL REVIEW CRITERIA UTILIZED BY THE CORPORATION WHICH IS
APPROVED BY THE OFFICE OF MENTAL HEALTH AND APPROPRIATE TO THE AGE OF
THE INSURED, TO ENSURE THAT THE INPATIENT OR RESIDENTIAL CARE IS
MEDICALLY NECESSARY FOR THE INSURED. HOWEVER, CONCURRENT REVIEW MAY BE
PERFORMED DURING THE FIRST THIRTY DAYS IF AN INSURED MEETS CLINICAL
CRITERIA DESIGNATED BY THE OFFICE OF MENTAL HEALTH OR WHERE THE INSURED
IS ADMITTED TO A HOSPITAL OR FACILITY WHICH HAS BEEN DESIGNATED BY THE
OFFICE OF MENTAL HEALTH FOR CONCURRENT REVIEW, IN CONSULTATION WITH THE
COMMISSIONER OF HEALTH AND THE SUPERINTENDENT. All treatment provided
under this paragraph may be reviewed retrospectively. Where care is
denied retrospectively, an insured shall not have any financial obli-
gation to the facility for any treatment under this paragraph other than
any copayment, coinsurance, or deductible otherwise required under the
contract.
(9) This paragraph shall apply to crisis stabilization centers in this
state that are licensed pursuant to section 36.01 of the mental hygiene
law and participate in the corporation's provider network. Benefits for
care [in] BY a crisis stabilization center shall not be subject to
preauthorization. All treatment provided under this paragraph may be
reviewed retrospectively. Where care is denied retrospectively, an
insured shall not have any financial obligation to the facility for any
treatment under this paragraph other than any copayment, coinsurance, or
deductible otherwise required under the contract.
§ 4. Paragraph 12 of subsection (a) of section 4902 of the insurance
law, as added by section 38 of subpart A of part BB of chapter 57 of the
laws of 2019, is amended to read as follows:
(12) When conducting utilization review for purposes of determining
health care coverage for a mental health condition, a utilization review
agent shall utilize evidence-based and peer reviewed clinical review
criteria that is appropriate to the age of the patient. The utilization
review agent shall use CLINICAL REVIEW CRITERIA DESIGNATED BY THE
COMMISSIONER OF THE OFFICE OF MENTAL HEALTH FOR LEVEL OF CARE DETERMI-
NATIONS, IN CONSULTATION WITH THE SUPERINTENDENT AND COMMISSIONER OF
HEALTH. FOR COVERAGE DETERMINATIONS OUTSIDE THE SCOPE OF THE CRITERIA
DESIGNATED FOR LEVEL OF CARE DETERMINATIONS, THE UTILIZATION REVIEW
AGENT SHALL USE clinical review criteria deemed appropriate and approved
for such use by the commissioner of the office of mental health, in
consultation with the commissioner of health and the superintendent.
Approved clinical review criteria shall have inter rater reliability
testing completed [by December thirty-first, two thousand nineteen]
PRIOR TO IMPLEMENTATION.
§ 5. Paragraph (j) of subdivision 1 of section 4902 of the public
health law, as added by section 43 of subpart A of part BB of chapter 57
of the laws of 2019, is amended to read as follows:
(j) When conducting utilization review for purposes of determining
health care coverage for a mental health condition, a utilization review
agent shall utilize evidence-based and peer reviewed clinical review
criteria that is appropriate to the age of the patient. The utilization
review agent shall use CLINICAL REVIEW CRITERIA DESIGNATED BY THE
COMMISSIONER OF THE OFFICE OF MENTAL HEALTH FOR LEVEL OF CARE DETERMI-
S. 4007--A 540 A. 3007--A
NATIONS, IN CONSULTATION WITH THE COMMISSIONER AND THE SUPERINTENDENT OF
FINANCIAL SERVICES. FOR COVERAGE DETERMINATIONS OUTSIDE THE SCOPE OF
THE CRITERIA DESIGNATED FOR LEVEL OF CARE DETERMINATIONS, THE UTILIZA-
TION REVIEW AGENT SHALL USE clinical review criteria deemed appropriate
and approved for such use by the commissioner of the office of mental
health, in consultation with the commissioner and the superintendent of
financial services. Approved clinical review criteria shall have inter
rater reliability testing completed [by December thirty-first, two thou-
sand nineteen] PRIOR TO IMPLEMENTATION.
§ 6. This act shall take effect one year after it shall have become a
law. 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 to be made and completed on or before such
effective date.
SUBPART C
Section 1. Paragraph 2 of subsection (a) of section 3217-h of the
insurance law, as added by section 3 of part V of chapter 57 of the laws
of 2022, is amended to read as follows:
(2) An insurer that provides comprehensive coverage for hospital,
medical or surgical care shall reimburse covered services delivered by
means of telehealth on the same basis, at the same rate, and to the same
extent that such services are reimbursed when delivered in person;
provided that reimbursement of covered services delivered via telehealth
shall not require reimbursement of costs not actually incurred in the
provision of the telehealth services, including charges related to the
use of a clinic or other facility when neither the originating site nor
distant site occur within the clinic or other facility. NOTWITHSTANDING
THE PROVISIONS OF THIS PARAGRAPH, SERVICES PROVIDED BY FACILITIES
LICENSED, CERTIFIED OR OTHERWISE AUTHORIZED PURSUANT TO ARTICLE SIXTEEN,
THIRTY-ONE, THIRTY-TWO OR THIRTY-SIX OF THE MENTAL HYGIENE LAW, AND
DEEMED APPROPRIATE TO BE PROVIDED BY TELEHEALTH BY THE COMMISSIONER OF
THE OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES, THE OFFICE OF
MENTAL HEALTH, OR THE OFFICE OF ADDICTION SERVICES AND SUPPORTS, AS
APPLICABLE, SHALL BE REIMBURSED AT THE SAME RATE AS IS REIMBURSED WHEN
DELIVERED IN PERSON.
§ 2. Paragraph 2 of subsection (a) of section 4306-g of the insurance
law, as added by section 4 of part V of chapter 57 of the laws of 2022,
is amended to read as follows:
(2) A corporation that provides comprehensive coverage for hospital,
medical or surgical care shall reimburse covered services delivered by
means of telehealth on the same basis, at the same rate, and to the same
extent that such services are reimbursed when delivered in person;
provided that reimbursement of covered services delivered via telehealth
shall not require reimbursement of costs not actually incurred in the
provision of the telehealth services, including charges related to the
use of a clinic or other facility when neither the originating site nor
the distant site occur within the clinic or other facility. The super-
intendent may promulgate regulations to implement the provisions of this
section. NOTWITHSTANDING THE PROVISIONS OF THIS PARAGRAPH, SERVICES
PROVIDED BY FACILITIES LICENSED, CERTIFIED OR OTHERWISE AUTHORIZED
PURSUANT TO ARTICLE SIXTEEN, THIRTY-ONE, THIRTY-TWO OR THIRTY-SIX OF THE
MENTAL HYGIENE LAW, AND DEEMED APPROPRIATE TO BE PROVIDED BY TELEHEALTH
BY THE COMMISSIONER OF THE OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISABIL-
ITIES, THE OFFICE OF MENTAL HEALTH, OR THE OFFICE OF ADDICTION SERVICES
S. 4007--A 541 A. 3007--A
AND SUPPORTS, AS APPLICABLE, SHALL BE REIMBURSED AT THE SAME RATE AS IS
REIMBURSED WHEN DELIVERED IN PERSON.
§ 3. Subdivision 3 of section 4406-g of the public health law, as
added by section 5 of part V of chapter 57 of the laws of 2022, is
amended to read as follows:
3. A health maintenance organization that provides comprehensive
coverage for hospital, medical or surgical care shall reimburse covered
services delivered via telehealth on the same basis, at the same rate,
and to the extent that such services are reimbursed when delivered in
person; provided that reimbursement of covered services delivered by
means of telehealth shall not require reimbursement of costs not actual-
ly incurred in the provision of the telehealth services, including
charges related to the use of a clinic or other facility when neither
the originating site nor the distant site occur within the clinic or
other facility. The commissioner, in consultation with the superinten-
dent, may promulgate regulations to implement the provisions of this
section. NOTWITHSTANDING THE PROVISIONS OF THIS SUBDIVISION, SERVICES
PROVIDED BY FACILITIES LICENSED, CERTIFIED OR OTHERWISE AUTHORIZED
PURSUANT TO ARTICLE SIXTEEN, THIRTY-ONE, THIRTY-TWO OR THIRTY-SIX OF THE
MENTAL HYGIENE LAW, AND DEEMED APPROPRIATE TO BE PROVIDED BY TELEHEALTH
BY THE COMMISSIONER OF THE OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISABIL-
ITIES, THE OFFICE OF MENTAL HEALTH, OR THE OFFICE OF ADDICTION SERVICES
AND SUPPORTS, AS APPLICABLE, SHALL BE REIMBURSED AT THE SAME RATE AS IS
REIMBURSED WHEN DELIVERED IN PERSON.
§ 4. This act shall take effect immediately, and shall apply to claims
submitted on or after such date; provided that:
(a) the amendments made to subsection (a) of section 3217-h of the
insurance law made by section one of this act shall not affect the expi-
ration and reversion of such subsection and shall be deemed to expire
therewith;
(b) the amendments made to subsection (a) of section 4306-g of the
insurance law made by section two of this act shall not affect the expi-
ration and reversion of such subsection and shall be deemed to expire
therewith; and
(c) the amendments made to subdivision 3 of section 4406-g of the
public health law made by section three of this act shall not affect the
repeal of such subdivision and shall be deemed repealed therewith.
SUBPART D
Section 1. Section 109 of the insurance law is amended by adding a new
subsection (e) to read as follows:
(E) IN ADDITION TO ANY RIGHT OF ACTION GRANTED TO THE SUPERINTENDENT
PURSUANT TO THIS SECTION, ANY PERSON WHO HAS BEEN INJURED BY REASON OF A
VIOLATION OF PARAGRAPH THIRTY, THIRTY-ONE, THIRTY-ONE-A OR THIRTY-FIVE
OF SUBSECTION (I) OF SECTION THIRTY-TWO HUNDRED SIXTEEN, PARAGRAPH FIVE,
SIX, SEVEN, SEVEN-A OR SEVEN-B OF SUBSECTION (L) OF SECTION THIRTY-TWO
HUNDRED TWENTY-ONE, OR SUBSECTION (G), (K), (L), (L-1) OR (L-2) OF
SECTION FORTY-THREE HUNDRED THREE OF THIS CHAPTER BY AN INSURER, CORPO-
RATION, OR HEALTH MAINTENANCE ORGANIZATION SUBJECT TO ARTICLE THIRTY-TWO
OR FORTY-THREE OF THIS CHAPTER MAY BRING AN ACTION IN THE PERSON'S OWN
NAME TO RECOVER THE PERSON'S ACTUAL DAMAGES OR ONE THOUSAND DOLLARS,
WHICHEVER IS GREATER; PROVIDED, HOWEVER, THAT THE PROVISIONS OF THIS
SUBSECTION SHALL NOT APPLY TO ANY HEALTH PLAN THAT EXCLUSIVELY SERVES
INDIVIDUALS ENROLLED PURSUANT TO A FEDERAL OR STATE INSURANCE AFFORDA-
BILITY PROGRAM AS DEFINED IN SECTION TWO HUNDRED SIXTY-EIGHT-A OF THE
S. 4007--A 542 A. 3007--A
PUBLIC HEALTH LAW, THE MEDICAL ASSISTANCE PROGRAM UNDER TITLE ELEVEN OF
ARTICLE FIVE OF THE SOCIAL SERVICES LAW, CHILD HEALTH PLUS UNDER TITLE
ONE-A OF ARTICLE TWENTY-FIVE OF THE PUBLIC HEALTH LAW, THE BASIC HEALTH
PROGRAM UNDER SECTION THREE HUNDRED SIXTY-NINE-GG OF THE SOCIAL SERVICES
LAW, OR A PLAN PROVIDING SERVICES UNDER TITLE XVIII OF THE FEDERAL
SOCIAL SECURITY ACT. THE COURT MAY, IN ITS DISCRETION, AWARD THE
PREVAILING PLAINTIFF IN SUCH ACTION AN ADDITIONAL AWARD NOT TO EXCEED
FIVE THOUSAND DOLLARS IF THE COURT FINDS A WILLFUL VIOLATION PURSUANT TO
THIS SUBSECTION. THE COURT MAY AWARD REASONABLE ATTORNEYS' FEES TO A
PREVAILING PLAINTIFF.
§ 2. This act shall take effect immediately.
SUBPART E
Section 1. Subparagraph (A) of paragraph 31-a of subsection (i) of
section 3216 of the insurance law, as added by chapter 748 of the laws
of 2019, is amended to read as follows:
(A) No policy that provides medical, major medical or similar compre-
hensive-type coverage and provides coverage for prescription drugs for
medication for the treatment of a substance use disorder shall require
prior authorization for an initial or renewal prescription for THE
DETOXIFICATION OR MAINTENANCE TREATMENT OF A SUBSTANCE USE DISORDER,
INCLUDING all buprenorphine products, methadone [or], long acting
injectable naltrexone [for detoxification or maintenance treatment of a
substance use disorder], OR MEDICATION FOR OPIOID OVERDOSE REVERSAL
PRESCRIBED OR DISPENSED TO AN INDIVIDUAL COVERED UNDER THE POLICY,
INCLUDING FEDERAL FOOD AND DRUG ADMINISTRATION-APPROVED OVER-THE-COUNTER
OPIOID OVERDOSE REVERSAL MEDICATION AS PRESCRIBED, DISPENSED OR AS
OTHERWISE AUTHORIZED UNDER STATE OR FEDERAL LAW, except where otherwise
prohibited by law.
§ 2. Subparagraph (A) of paragraph 7-a of subsection (l) of section
3221 of the insurance law, as added by chapter 748 of the laws of 2019,
is amended to read as follows:
(A) NO POLICY THAT PROVIDES MEDICAL, MAJOR MEDICAL OR SIMILAR COMPRE-
HENSIVE-TYPE SMALL GROUP COVERAGE AND PROVIDES COVERAGE FOR PRESCRIPTION
DRUGS FOR MEDICATION FOR THE TREATMENT OF A SUBSTANCE USE DISORDER SHALL
REQUIRE PRIOR AUTHORIZATION FOR AN INITIAL OR RENEWAL PRESCRIPTION FOR
THE DETOXIFICATION OR MAINTENANCE TREATMENT OF A SUBSTANCE USE DISORDER,
INCLUDING ALL BUPRENORPHINE PRODUCTS, METHADONE, LONG ACTING INJECTABLE
NALTREXONE, OR MEDICATION FOR OPIOID OVERDOSE REVERSAL PRESCRIBED OR
DISPENSED TO AN INDIVIDUAL COVERED UNDER THE POLICY, INCLUDING FEDERAL
FOOD AND DRUG ADMINISTRATION-APPROVED OVER-THE-COUNTER OPIOID OVERDOSE
REVERSAL MEDICATION AS PRESCRIBED, DISPENSED OR AS OTHERWISE AUTHORIZED
UNDER STATE OR FEDERAL LAW, EXCEPT WHERE OTHERWISE PROHIBITED BY LAW.
Every policy that provides medical, major medical or similar comprehen-
sive-type large group coverage shall provide COVERAGE FOR PRESCRIPTION
DRUGS FOR MEDICATION FOR THE TREATMENT OF A SUBSTANCE USE DISORDER AND
SHALL PROVIDE immediate coverage for all buprenorphine products, metha-
done [or], long acting injectable naltrexone, OR MEDICATION FOR OPIOID
OVERDOSE REVERSAL PRESCRIBED OR DISPENSED TO AN INDIVIDUAL COVERED UNDER
THE POLICY, INCLUDING FEDERAL FOOD AND DRUG ADMINISTRATION-APPROVED
OVER-THE-COUNTER OPIOID OVERDOSE REVERSAL MEDICATION AS PRESCRIBED,
DISPENSED OR AS OTHERWISE AUTHORIZED UNDER STATE OR FEDERAL LAW, without
prior authorization for the detoxification or maintenance treatment of a
substance use disorder, EXCEPT WHERE OTHERWISE PROHIBITED BY LAW.
S. 4007--A 543 A. 3007--A
§ 3. Paragraph (A) of subsection (l-1) of section 4303 of the insur-
ance law, as added by chapter 748 of the laws of 2019, is amended to
read as follows:
(A) NO CONTRACT THAT PROVIDES MEDICAL, MAJOR MEDICAL OR SIMILAR
COMPREHENSIVE-TYPE INDIVIDUAL OR SMALL GROUP COVERAGE AND PROVIDES
COVERAGE FOR PRESCRIPTION DRUGS FOR MEDICATION FOR THE TREATMENT OF A
SUBSTANCE USE DISORDER SHALL REQUIRE PRIOR AUTHORIZATION FOR AN INITIAL
OR RENEWAL PRESCRIPTION FOR THE DETOXIFICATION OR MAINTENANCE TREATMENT
OF A SUBSTANCE USE DISORDER, INCLUDING ALL BUPRENORPHINE PRODUCTS,
METHADONE, LONG ACTING INJECTABLE NALTREXONE, OR MEDICATION FOR OPIOID
OVERDOSE REVERSAL PRESCRIBED OR DISPENSED TO AN INDIVIDUAL COVERED UNDER
THE CONTRACT, INCLUDING FEDERAL FOOD AND DRUG ADMINISTRATION-APPROVED
OVER-THE-COUNTER OPIOID OVERDOSE REVERSAL MEDICATION AS PRESCRIBED,
DISPENSED OR AS OTHERWISE AUTHORIZED UNDER STATE OR FEDERAL LAW, EXCEPT
WHERE OTHERWISE PROHIBITED BY LAW. Every contract that provides medical,
major medical, or similar comprehensive-type large group coverage shall
provide COVERAGE FOR PRESCRIPTION DRUGS FOR MEDICATION FOR THE TREATMENT
OF A SUBSTANCE USE DISORDER AND SHALL PROVIDE immediate coverage for all
buprenorphine products, methadone [or], long acting injectable naltrex-
one, OR MEDICATION FOR OPIOID OVERDOSE REVERSAL PRESCRIBED OR DISPENSED
TO AN INDIVIDUAL COVERED UNDER THE CONTRACT, INCLUDING FEDERAL FOOD AND
DRUG ADMINISTRATION-APPROVED OVER-THE-COUNTER OPIOID OVERDOSE REVERSAL
MEDICATION AS PRESCRIBED, DISPENSED OR AS OTHERWISE AUTHORIZED UNDER
STATE OR FEDERAL LAW, without prior authorization for the detoxification
or maintenance treatment of a substance use disorder, EXCEPT WHERE
OTHERWISE PROHIBITED BY LAW.
SUBPART F
Section 1. Subsection (a) of 3241 of the insurance law, as added by
section 6 of part H of chapter 60 of the laws of 2014, is amended to
read as follows:
(a) (1) An insurer, a corporation organized pursuant to article
forty-three of this chapter, a municipal cooperative health benefit plan
certified pursuant to article forty-seven of this chapter, or a student
health plan established or maintained pursuant to section one thousand
one hundred twenty-four of this chapter, that issues a health insurance
policy or contract with a network of health care providers shall ensure
that the network is adequate to meet the health needs of insureds and
provide an appropriate choice of providers sufficient to render the
services covered under the policy or contract. The superintendent shall
review the network of health care providers for adequacy at the time of
the superintendent's initial approval of a health insurance policy or
contract; at least every three years thereafter; and upon application
for expansion of any service area associated with the policy or contract
in conformance with the standards set forth in subdivision five of
section four thousand four hundred three of the public health law. To
the extent that the network has been determined by the commissioner of
health to meet the standards set forth in subdivision five of section
four thousand four hundred three of the public health law, such network
shall be deemed adequate by the superintendent.
(2) THE SUPERINTENDENT, IN CONSULTATION WITH THE COMMISSIONER OF
HEALTH, THE COMMISSIONER OF THE OFFICE OF MENTAL HEALTH, AND THE COMMIS-
SIONER OF THE OFFICE OF ADDICTION SERVICES AND SUPPORTS, SHALL PROMUL-
GATE REGULATIONS SETTING FORTH STANDARDS FOR NETWORK ADEQUACY FOR MENTAL
S. 4007--A 544 A. 3007--A
HEALTH AND SUBSTANCE USE DISORDER TREATMENT. SUCH STANDARDS SHALL
INCLUDE:
(A) REQUIREMENTS THAT ENSURE THAT INSUREDS HAVE TIMELY AND PROXIMATE
ACCESS TO TREATMENT FOR MENTAL HEALTH CONDITIONS AND SUBSTANCE USE
DISORDERS;
(B) APPOINTMENT AVAILABILITY STANDARDS THAT INCLUDE TIMEFRAMES FOR
INITIAL PROVIDER VISITS, FOLLOW-UP PROVIDER VISITS, AND PROVIDER VISITS
FOLLOWING DISCHARGE FROM A HOSPITAL AS DEFINED BY SUBDIVISION TEN OF
SECTION 1.03 OF THE MENTAL HYGIENE LAW OR THE EMERGENCY DEPARTMENT OF A
HOSPITAL LICENSED PURSUANT TO ARTICLE TWENTY-EIGHT OF THE PUBLIC HEALTH
LAW;
(C) TIME AND DISTANCE STANDARDS THAT TAKE INTO CONSIDERATION REASON-
ABLE PROXIMITY TO THE INSURED'S RESIDENCE, ESTABLISHED SERVICE DELIVERY
PATTERNS FOR THE AREA, THE GEOGRAPHIC AREA, AND THE AVAILABILITY OF
TELEHEALTH SERVICES; AND
(D) RESPONSIBILITIES OF AN INSURER TO PROVIDE AN OUT-OF-NETWORK REFER-
RAL AT THE IN-NETWORK COST-SHARING WHEN THERE IS NO PARTICIPATING
PROVIDER ABLE TO PROVIDE THE REQUESTED HEALTH CARE SERVICE WITHIN THE
TIMELY AND PROXIMATE ACCESS STANDARDS ESTABLISHED BY REGULATION AND A
NON-PARTICIPATING PROVIDER IS ABLE TO MEET SUCH STANDARDS; AND, WHERE
THE NON-PARTICIPATING PROVIDER IS A FACILITY LICENSED, OPERATED, OR
OTHERWISE AUTHORIZED BY THE OFFICE OF MENTAL HEALTH OR THE OFFICE OF
ADDICTION SERVICES AND SUPPORTS, THE INSURER SHALL REIMBURSE THE FACILI-
TY AT A RATE NEGOTIATED BETWEEN THE INSURER AND FACILITY, OR IN THE
ABSENCE OF A NEGOTIATED RATE, AN AMOUNT NO LESS THAN THE RATE THAT WOULD
BE PAID FOR SUCH SERVICES PURSUANT TO THE MEDICAL ASSISTANCE PROGRAM
UNDER TITLE ELEVEN OF ARTICLE FIVE OF THE SOCIAL SERVICES LAW.
§ 2. Subdivision 5 of section 4403 of the public health law is amended
by adding a new paragraph (d) to read as follows:
(D) THE COMMISSIONER, IN CONSULTATION WITH THE SUPERINTENDENT OF
FINANCIAL SERVICES, THE COMMISSIONER OF THE OFFICE OF MENTAL HEALTH, AND
THE COMMISSIONER OF THE OFFICE OF ADDICTION SERVICES AND SUPPORTS, SHALL
PROMULGATE REGULATIONS SETTING FORTH STANDARDS FOR NETWORK ADEQUACY FOR
MENTAL HEALTH AND SUBSTANCE USE DISORDER TREATMENT. SUCH STANDARDS
SHALL INCLUDE:
(I) REQUIREMENTS THAT ENSURE THAT ENROLLEES HAVE TIMELY AND PROXIMATE
ACCESS TO TREATMENT FOR MENTAL HEALTH CONDITIONS AND SUBSTANCE USE
DISORDERS;
(II) APPOINTMENT AVAILABILITY STANDARDS THAT INCLUDE TIMEFRAMES FOR
INITIAL PROVIDER VISITS, FOLLOW-UP PROVIDER VISITS, AND PROVIDER VISITS
FOLLOWING DISCHARGE FROM A HOSPITAL AS DEFINED BY SUBDIVISION TEN OF
SECTION 1.03 OF THE MENTAL HYGIENE LAW OR THE EMERGENCY DEPARTMENT OF A
HOSPITAL LICENSED PURSUANT TO ARTICLE TWENTY-EIGHT OF THE PUBLIC HEALTH
LAW;
(III) TIME AND DISTANCE STANDARDS THAT TAKE INTO CONSIDERATION REASON-
ABLE PROXIMITY TO THE ENROLLEE'S RESIDENCE, ESTABLISHED SERVICE DELIVERY
PATTERNS FOR THE AREA, THE GEOGRAPHIC AREA, AND THE AVAILABILITY OF
TELEHEALTH SERVICES; AND
(IV) RESPONSIBILITIES OF AN ORGANIZATION TO PROVIDE AN OUT-OF-NETWORK
REFERRAL AT THE IN-NETWORK COST-SHARING WHEN THERE IS NO PARTICIPATING
PROVIDER ABLE TO PROVIDE THE REQUESTED HEALTH CARE SERVICE WITHIN THE
TIMELY AND PROXIMATE ACCESS STANDARDS ESTABLISHED BY REGULATION AND A
NON-PARTICIPATING PROVIDER IS ABLE TO MEET SUCH STANDARDS; AND, WHERE
THE NON-PARTICIPATING PROVIDER IS A FACILITY LICENSED, OPERATED, OR
OTHERWISE AUTHORIZED BY THE OFFICE OF MENTAL HEALTH OR THE OFFICE OF
ADDICTION SERVICES AND SUPPORTS, THE ORGANIZATION SHALL REIMBURSE THE
S. 4007--A 545 A. 3007--A
FACILITY AT A RATE NEGOTIATED BETWEEN THE ORGANIZATION AND FACILITY OR,
IN THE ABSENCE OF A NEGOTIATED RATE, AN AMOUNT NO LESS THAN THE RATE
THAT WOULD BE PAID FOR SUCH SERVICES PURSUANT TO THE MEDICAL ASSISTANCE
PROGRAM UNDER TITLE ELEVEN OF ARTICLE FIVE OF THE SOCIAL SERVICES LAW.
§ 3. This act shall take effect immediately.
§ 2. Severability clause. If any clause, sentence, paragraph, subdivi-
sion, section or subpart of this act shall be adjudged by any court of
competent jurisdiction to be invalid, such judgment shall not affect,
impair, or invalidate the remainder thereof, but shall be confined in
its operation to the clause, sentence, paragraph, subdivision, section
or subpart thereof directly involved in the controversy in which such
judgment shall have been rendered. It is hereby declared to be the
intent of the legislature that this act would have been enacted even if
such invalid provisions had not been included herein.
§ 3. This act shall take effect immediately, provided, however, that
the applicable effective date of Subparts A through F of this act shall
be as specifically set forth in the last section of such Subparts.
PART JJ
Section 1. Subdivision (g) of section 31.16 of the mental hygiene law,
as amended by chapter 351 of the laws of 1994, is amended to read as
follows:
(g) The commissioner may impose [a fine] SANCTIONS upon a finding that
the holder of the certificate has failed to comply with the terms of the
operating certificate or with the provisions of any applicable statute,
rule or regulation. THE COMMISSIONER SHALL BE AUTHORIZED TO DEVELOP A
SCHEDULE FOR THE PURPOSE OF IMPOSING SUCH SANCTIONS. The maximum amount
of [such] ANY fine IMPOSED THEREUNDER shall not exceed [one] TWO thou-
sand dollars per day [or fifteen thousand dollars], per violation.
PENALTIES MAY BE CONSIDERED AT THE INDIVIDUAL BED LEVEL FOR BEDS CLOSED
WITHOUT AUTHORIZATION AT INPATIENT SETTINGS.
Such penalty may be recovered by an action brought by the commissioner
in any court of competent jurisdiction.
Such penalty may be released or compromised by the commissioner before
the matter has been referred to the attorney general. Any such penalty
may be released or compromised and any action commenced to recover the
same may be settled or discontinued by the attorney general with the
consent of the commissioner.
§ 2. This act shall take effect immediately.
§ 2. Severability clause. If any clause, sentence, paragraph, subdivi-
sion, section or part of this act shall be adjudged by any court of
competent jurisdiction to be invalid, such judgment shall not affect,
impair, or invalidate the remainder thereof, but shall be confined in
its operation to the clause, sentence, paragraph, subdivision, section
or part thereof directly involved in the controversy in which such judg-
ment shall have been rendered. It is hereby declared to be the intent of
the legislature that this act would have been enacted even if such
invalid provisions had not been included herein.
§ 3. This act shall take effect immediately provided, however, that
the applicable effective date of Parts A through JJ of this act shall be
as specifically set forth in the last section of such Parts.