senate Bill S1803C

Amended

Regulates the practice of naturopathic medicine

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 12 / Jan / 2011
    • REFERRED TO HIGHER EDUCATION
  • 17 / May / 2011
    • REPORTED AND COMMITTED TO FINANCE
  • 24 / May / 2011
    • AMEND AND RECOMMIT TO FINANCE
  • 24 / May / 2011
    • PRINT NUMBER 1803A
  • 15 / Jun / 2011
    • AMEND AND RECOMMIT TO FINANCE
  • 15 / Jun / 2011
    • PRINT NUMBER 1803B
  • 22 / Jun / 2011
    • COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • 22 / Jun / 2011
    • ORDERED TO THIRD READING CAL.1511
  • 22 / Jun / 2011
    • PASSED SENATE
  • 22 / Jun / 2011
    • DELIVERED TO ASSEMBLY
  • 22 / Jun / 2011
    • REFERRED TO HIGHER EDUCATION
  • 04 / Jan / 2012
    • DIED IN ASSEMBLY
  • 04 / Jan / 2012
    • RETURNED TO SENATE
  • 04 / Jan / 2012
    • REFERRED TO HIGHER EDUCATION
  • 27 / Apr / 2012
    • AMEND AND RECOMMIT TO HIGHER EDUCATION
  • 27 / Apr / 2012
    • PRINT NUMBER 1803C
  • 08 / May / 2012
    • REPORTED AND COMMITTED TO FINANCE
  • 01 / Jun / 2012
    • AMEND AND RECOMMIT TO FINANCE
  • 01 / Jun / 2012
    • PRINT NUMBER 1803D
  • 13 / Jun / 2012
    • AMEND AND RECOMMIT TO FINANCE
  • 13 / Jun / 2012
    • PRINT NUMBER 1803E

Summary

Regulates the practice of naturopathy; establishes a state board for naturopathy; establishes requirements to receive a limited permit in naturopathy; establishes mandatory continuing competency for naturopaths; requires licensed naturopaths to report suspected child abuse.

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Bill Details

See Assembly Version of this Bill:
A3057B
Versions:
S1803
S1803A
S1803B
S1803C
S1803D
S1803E
Legislative Cycle:
2011-2012
Current Committee:
Senate Finance
Law Section:
Education Law
Laws Affected:
Add Art 132-A §§6575 - 6584, Ed L; amd §§1203, 1207 & 1301, Lim Lil L; amd §§121-1500 & 121-1502, Partn L; amd §413, Soc Serv L
Versions Introduced in Previous Legislative Cycles:
2009-2010: A1370, S1930, A1370, A3457, S1930
2007-2008: A4966, A4966, A5176
2011-2012: S1803D

Votes

Sponsor Memo

BILL NUMBER:S1803C

TITLE OF BILL:

An act to amend the education law, the limited liability company law and
the partnership law, in relation to the practice of naturopathy; and to
amend the social services law, in relation to the reporting of child
abuse

PURPOSE:

The bill relates to the licensing of naturopathic doctors.

SUMMARY OF PROVISIONS:

A new Article 132-A is added to the Education Law to establish naturo-
pathic doctors as licensed professionals in New York State. This legis-
lation also includes specific requirements for the education and resi-
dency training for naturopaths the creation of a state board for
naturopathy, and continuing education provisions.

JUSTIFICATION:

Currently, in New York State there are not regulations for naturopathy.
Anyone can call themselves a naturopathic doctor, even if they finished
a home study course in as little as six weeks. Licensing will offer the
public a way to find qualified naturopaths who perform this important
aspect of complementary and integrative medicine.

Naturopaths are currently licensed in Alaska, Arizona, California,
Connecticut, Hawaii, Idaho, Kansas, Maine, Montana, New Hampshire,
Oregon, Utah, Vermont, Washington D.C., Washington State, as well as the
territories of Puerto Rico and the Virgin Islands.

To be licensed as a Naturopath and use one of the titles associated with
Naturopathy a person needs, among other requirements, to have received a
doctoral diploma from a registered school of Naturopathic Medicine and
have satisfactorily completed an approved clinical post-graduate resi-
dency training of an approved program with five years of clinical super-
vision of not less than 12 months in duration and pass a national exam-
ination.

Licensure will provide access to qualified Naturopathic Doctors (NDs)
who provide care not offered by other currently licensed professionals:
well-care. Licensure also allows for the creation of education insti-
tutions that train NDs in New York, which is not possible until licen-
sure exists,

Considering the rapidly increasing rate of chronic health issues, the
lack of practitioners licensed to address chronic health issues, and the
costs involved in addressing chronic health issues, licensing Naturo-

pathic Doctors is a long-overdue and critical step in the future finan-
cial and medical well-being of New York State.

LEGISLATIVE HISTORY:

2009-10: S.1930
2007-08: S.2790
2005: S.1617/A.5208
2004: S.6609

FISCAL IMPLICATIONS:

None. All costs associated with the creation of this new profession
would be recovered through filing and registration fees.

EFFECTIVE DATE:

This act shall take effect on the three hundred sixtieth day after it
shall have become a law; provided however, that effective
immediately, the addition, amendment and/or repeal of any rule or
regulation necessary for the implementation of this act on its
effective date are authorized and directed to be made and completed
by the commissioner of education and the board of regents on or
before such effective date.

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

                                 1803--C

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 12, 2011
                               ___________

Introduced  by  Sens.  LAVALLE,  ADDABBO,  AVELLA, BONACIC, DIAZ, DILAN,
  LARKIN, MAZIARZ, SEWARD -- read twice and ordered  printed,  and  when
  printed  to  be  committed  to  the  Committee  on Higher Education --
  reported favorably from said committee and committed to the  Committee
  on Finance -- committee discharged, bill amended, ordered reprinted as
  amended  and  recommitted  to  said committee -- committee discharged,
  bill amended, ordered reprinted as amended  and  recommitted  to  said
  committee  --  recommitted  to  the  Committee  on Higher Education in
  accordance with Senate Rule 6, sec. 8 --  committee  discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee

AN ACT to amend the education law, the limited liability company law and
  the partnership law, in relation to the practice of  naturopathy;  and
  to  amend  the  social  services  law, in relation to the reporting of
  child abuse

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

  Section 1. Legislative intent.  In order to protect the public health,
safety  and  welfare  of  the citizens who desire naturopathic care, the
legislature finds it is necessary to regulate the practice of  naturopa-
thy by providing licensure for qualified practitioners. It is the legis-
lature's  intent that only practitioners who meet and maintain standards
of competence are recognized by the public as licensed naturopaths.  The
legislature   recognizes   that,   unlike   other   currently   licensed
professions, naturopathic doctors are formally educated in  the  use  of
natural therapies, natural substances and pharmacological substances for
common  health conditions and disease prevention.  Naturopaths serve the
public as experts in drug/nutrient and drug/herb interactions.
  S 2. The education law is amended by adding a  new  article  132-A  to
read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01174-08-2

S. 1803--C                          2

                              ARTICLE 132-A
                               NATUROPATHS
SECTION 6575. INTRODUCTION.
        6576. DEFINITIONS.
        6577. DEFINITION OF THE PRACTICE OF NATUROPATHY.
        6578. TITLE AND DESIGNATION.
        6579. QUALIFICATIONS FOR LICENSURE.
        6580. STATE BOARD FOR NATUROPATHY.
        6581. EXEMPTIONS.
        6582. SPECIAL PROVISIONS.
        6583. PROHIBITIONS.
        6584. MANDATORY CONTINUING COMPETENCY.
  S  6575. INTRODUCTION. THIS ARTICLE APPLIES TO THE LICENSURE AND REGU-
LATION OF NATUROPATHIC DOCTORS TO PRACTICE NATUROPATHY  IN  THIS  STATE.
THE  GENERAL  PROVISIONS  FOR  ALL  PROFESSIONS CONTAINED IN ARTICLE ONE
HUNDRED THIRTY, AS ADDED BY CHAPTER NINE  HUNDRED  EIGHTY-SEVEN  OF  THE
LAWS  OF NINETEEN HUNDRED SEVENTY-ONE, OF THIS TITLE APPLY TO THIS ARTI-
CLE.
  S 6576. DEFINITIONS. FOR  THE  PURPOSES  OF  THIS  ARTICLE,  THE  TERM
"BOARD" MEANS THE STATE BOARD FOR NATUROPATHY.
  S  6577.  DEFINITION  OF THE PRACTICE OF NATUROPATHY.  THE PRACTICE OF
NATUROPATHY BY A LICENSED NATUROPATHY PRACTITIONER INVOLVES THE APPLICA-
TION OF NON-PHARMACEUTICAL AND NON-SURGICAL TREATMENTS, WHICH COMPLEMENT
MEDICAL TREATMENT AS DEFINED  PURSUANT  TO  SECTION  SIXTY-FIVE  HUNDRED
TWENTY-ONE  OF  THIS  TITLE,  TO  ENCOURAGE  AND  FACILITATE  THE BODY'S
SELF-HEALING PROCESS. THE PRACTICE OF NATUROPATHY BY A LICENSED  NATURO-
PATHY  DOCTOR  INVOLVES THE APPLICATION OF THE FOLLOWING HEALING SYSTEMS
OF PHYSICAL, NUTRITIONAL OR NATURAL  AGENT  REGIMENS;  DIETARY  CHANGES;
VITAMINS,  MINERALS  AND  OTHER DIETARY SUPPLEMENTS AND OVER-THE-COUNTER
HERBAL MEDICINE; COUNSELING AND EDUCATION ON LIFESTYLE CHANGES; HOMEOPA-
THY; HYDROTHERAPY, MANIPULATION AND MOBILIZATION; EXERCISE  THERAPY  AND
MIND-BODY  THERAPIES  SUCH  AS  YOGA  AND MEDITATION (A CONSCIOUS MENTAL
PROCESS USING CERTAIN TECHNIQUES, SUCH AS FOCUSING  ATTENTION  OR  MAIN-
TAINING  A  SPECIFIC POSTURE TO SUSPEND THE STREAM OF THOUGHTS AND RELAX
THE BODY AND MIND).  A  PHYSICIAN  MUST  SUPERVISE  THE  PRACTICE  OF  A
LICENSED NATUROPATHY PRACTITIONER.
  S  6578.  TITLE  AND  DESIGNATION.   ONLY A PERSON LICENSED UNDER THIS
ARTICLE MAY USE ANY OR ALL  OF  THE  FOLLOWING  TERMS,  CONSISTENT  WITH
ACADEMIC DEGREES EARNED: "DOCTOR OF NATUROPATHY", "DOCTOR OF NATUROPATH-
IC  MEDICINE"  OR  ITS  ABBREVIATION,  "ND", "NATUROPATH", "NATUROPATHIC
DOCTOR" OR "LICENSED NATUROPATH".  HOWEVER, NONE OF SUCH  TERMS  OR  ANY
COMBINATION  OF  SUCH TERMS SHALL BE SO USED TO CONVEY THE IDEA THAT THE
INDIVIDUAL WHO USES SUCH TERM PRACTICES ANYTHING OTHER THAN NATUROPATHY.
  S 6579. QUALIFICATIONS FOR LICENSURE. TO  QUALIFY  FOR  A  LICENSE  TO
PRACTICE  NATUROPATHY, AN APPLICANT SHALL FULFILL THE FOLLOWING REQUIRE-
MENTS:
  1. APPLICATION. FILE AN APPLICATION WITH THE DEPARTMENT;
  2. EDUCATION. HAVE RECEIVED A DOCTORAL DEGREE OR DIPLOMA AS A  NATURO-
PATHIC  DOCTOR  (ND)  OR  DOCTOR  OF  NATUROPATHIC  MEDICINE (ND) FROM A
PROGRAM OF NATUROPATHIC MEDICINE REGISTERED BY THE DEPARTMENT OR  DETER-
MINED  BY  THE DEPARTMENT THAT MEETS NATIONALLY RECOGNIZED ACCREDITATION
STANDARDS SATISFACTORY TO THE BOARD AND DETERMINED TO  BE  SUBSTANTIALLY
EQUIVALENT AND IN ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS;
  3. EXPERIENCE. AS OF THE YEAR TWO THOUSAND FIFTEEN, HAVE SATISFACTORI-
LY  COMPLETED  AN APPROVED CLINICAL POST-GRADUATE RESIDENCY TRAINING, OF
NOT LESS THAN TWELVE MONTHS DURATION, UNDER THE DIRECT SUPERVISION OF  A

S. 1803--C                          3

GRADUATE  OF  AN APPROVED PROGRAM WITH A MINIMUM OF TWO YEARS OF PROFES-
SIONAL CLINICAL ACTIVITY AND IN ACCORDANCE WITH THE COMMISSIONER'S REGU-
LATIONS;
  4.  EXAMINATION.  PASS AN EXAMINATION THAT MEETS NATIONALLY RECOGNIZED
TEST  DEVELOPMENT  STANDARDS  AND  TEST  COMPETENCIES  FOR  NATUROPATHIC
DOCTORS SATISFACTORY TO THE BOARD AND IN ACCORDANCE WITH THE COMMISSION-
ER'S REGULATIONS;
  5. AGE. BE AT LEAST TWENTY-ONE YEARS OF AGE;
  6.  CHARACTER. BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE DEPART-
MENT; AND
  7. FEES. PAY A FEE OF THREE HUNDRED FIFTY DOLLARS  TO  THE  DEPARTMENT
FOR AN INITIAL LICENSE AND A FEE OF FIVE HUNDRED DOLLARS FOR EACH TRIEN-
NIAL REGISTRATION PERIOD.
  S  6580.  STATE  BOARD  FOR NATUROPATHY. A STATE BOARD FOR NATUROPATHY
SHALL BE APPOINTED BY THE BOARD OF REGENTS ON THE RECOMMENDATION OF  THE
COMMISSIONER  FOR  THE PURPOSE OF ASSISTING THE BOARD OF REGENTS AND THE
DEPARTMENT ON MATTERS OF LICENSING AND REGULATION. THE  BOARD  SHALL  BE
COMPOSED  OF  SIX LICENSED MEMBERS FROM THE PROFESSION LICENSED PURSUANT
TO THIS ARTICLE AND TWO PUBLIC REPRESENTATIVES WHO DO NOT HOLD INTERESTS
IN THE ORGANIZATION, FINANCING, OR DELIVERY OF NATUROPATHIC SERVICES AND
ONE LICENSED PHYSICIAN WHO IS EITHER A DOCTOR OF MEDICINE OR A DOCTOR OF
OSTEOPATHY. MEMBERS OF THE FIRST BOARD NEED NOT  BE  LICENSED  PRIOR  TO
THEIR APPOINTMENT TO THE BOARD BUT SHALL HAVE MET ALL OTHER REQUIREMENTS
OF  LICENSING UNDER SUBDIVISION TWO OF SECTION SIXTY-FIVE HUNDRED SEVEN-
TY-NINE OF THIS ARTICLE AND SHALL HAVE RESIDED IN THE STATE OF NEW  YORK
FOR AT LEAST TWO YEARS PRECEDING THEIR APPOINTMENT TO THE INITIAL BOARD.
THE  TERMS  OF  THE  FIRST  APPOINTED MEMBERS SHALL BE STAGGERED SO THAT
THREE ARE APPOINTED FOR THREE YEARS, THREE ARE APPOINTED FOR FOUR YEARS,
AND THREE ARE APPOINTED FOR FIVE YEARS. AN EXECUTIVE  SECRETARY  TO  THE
BOARD  SHALL  BE  APPOINTED BY THE BOARD OF REGENTS ON RECOMMENDATION OF
THE COMMISSIONER.
  S 6581.  EXEMPTIONS.  NOTHING  CONTAINED  IN  THIS  ARTICLE  SHALL  BE
CONSTRUED TO AFFECT OR PREVENT THE FOLLOWING:
  1.  A  LICENSED  PHYSICIAN  FROM  PRACTICING  HIS OR HER PROFESSION AS
DEFINED  UNDER  ARTICLES  ONE  HUNDRED  THIRTY-ONE   AND   ONE   HUNDRED
THIRTY-ONE-B  OF THIS TITLE; A REGISTERED PROFESSIONAL NURSE OR A CERTI-
FIED NURSE PRACTITIONER PRACTICING HIS  OR  HER  PROFESSION  AS  DEFINED
UNDER  ARTICLE  ONE  HUNDRED  THIRTY-NINE  OF  THIS  TITLE; OR QUALIFIED
MEMBERS OF OTHER PROFESSIONS LICENSED UNDER THIS TITLE  FROM  PERFORMING
THE PRACTICE OF THEIR PROFESSIONS, EXCEPT THAT SUCH PERSONS MAY NOT HOLD
THEMSELVES OUT UNDER THE TITLE NATUROPATH OR  AS PERFORMING NATUROPATHY;
  2.  A  STUDENT,  INTERN  OR  RESIDENT IN, AND AS PART OF, A SUPERVISED
EDUCATIONAL PROGRAM IN AN INSTITUTION APPROVED BY THE DEPARTMENT;
  3. THE USE BY NON-NATUROPATHIC DOCTORS, OF THERAPIES USED  BY  NATURO-
PATHIC  DOCTORS,  INCLUDING,  BUT  NOT  LIMITED TO HOMEOPATHIC REMEDIES,
NUTRITIONAL AND DIETARY SUPPLEMENTS, HERBS, AND  SUCH  FORCES  AS  HEAT,
COLD, WATER, TOUCH AND LIGHT.
  S  6582.  SPECIAL  PROVISIONS.   THE COMMISSIONER MAY ADOPT SUCH REGU-
LATIONS AS APPROPRIATE TO LICENSE INDIVIDUALS WHO MEET THE  REQUIREMENTS
FOR  LICENSE  ESTABLISHED  IN  THIS ARTICLE, EXCEPT FOR EXAMINATION AND,
WHOSE STANDARDS ARE ACCEPTABLE TO THE COMMISSIONER. THE APPLICANT  SHALL
SUBMIT  WITHIN  ONE  HUNDRED  EIGHTY  DAYS OF THE EFFECTIVE DATE OF THIS
SECTION EVIDENCE SATISFACTORY TO  THE  DEPARTMENT  OF  HAVING  GRADUATED
PRIOR TO NINETEEN HUNDRED EIGHTY-SEVEN FROM AN APPROVED PROGRAM.
  S  6583.  PROHIBITIONS. A NATUROPATHY PRACTITIONER LICENSED UNDER THIS
ARTICLE SHALL BE PROHIBITED FROM:

S. 1803--C                          4

  1. PRESCRIBING OR ADMINISTERING DRUGS AS DEFINED IN THIS CHAPTER AS  A
TREATMENT,  THERAPY OR PROFESSIONAL SERVICE IN THE PRACTICE OF NATUROPA-
THY; AND
  2. USING INVASIVE PROCEDURES IN TESTING OR AS A TREATMENT, THERAPY, OR
PROFESSIONAL  SERVICE  IN  THE  PRACTICE OF NATUROPATHY. FOR PURPOSES OF
THIS SUBDIVISION, "INVASIVE PROCEDURE"  MEANS  ANY  PROCEDURE  IN  WHICH
HUMAN  TISSUE IS CUT, ALTERED, OR OTHERWISE INFILTRATED BY MECHANICAL OR
OTHER MEANS WITH THE EXCEPTION OF DRAWING  BLOOD.    INVASIVE  PROCEDURE
INCLUDES  BUT  IS  NOT  LIMITED  TO  SURGERY, LASERS, GIVING INJECTIONS,
IONIZING RADIATION, THERAPEUTIC ULTRASOUND,  ELECTROCONVULSIVE  THERAPY,
ELECTRICAL SHOCK THERAPY OR ELECTROMYOGRAPHY; AND
  3.  PRACTICING OR CLAIMING TO PRACTICE AS A MEDICAL DOCTOR, OSTEOPATH,
DENTIST,  PODIATRIST,  OPTOMETRIST,  PSYCHOLOGIST,  REGISTERED  PRACTICE
NURSE,  ADVANCE  PRACTICE PROFESSIONAL NURSE, MIDWIFE, PHYSICIAN ASSIST-
ANT, CHIROPRACTOR,  PHYSICAL  THERAPIST,  ACUPUNCTURIST,  MENTAL  HEALTH
THERAPIST  OR  ANY OTHER HEALTH CARE PROFESSIONAL NOT AUTHORIZED IN THIS
CHAPTER; AND
  4. USING ANESTHESIA OR ANY OTHER MEANS OF SEDATION IN THE PRACTICE  OF
NATUROPATHY; AND
  5. PROVIDING OBSTETRICAL SERVICES; AND
  6. PROVIDING PSYCHOTHERAPY SERVICES; AND
  7. INTERPRETING X-RAYS AND MAGNETIC RESONANCE IMAGING STUDIES; AND
  8. INTERPRETING DIAGNOSTIC TESTS; AND
  9. SETTING FRACTURES.
  ENGAGING  IN  ANY  OF  THE  ACTIVITIES SET FORTH IN THIS SECTION SHALL
CONSTITUTE  PROFESSIONAL  MISCONDUCT  PURSUANT  TO  SECTION   SIXTY-FIVE
HUNDRED NINE OF THIS TITLE.
  S  6584.  MANDATORY CONTINUING COMPETENCY. 1. A. EACH LICENSED NATURO-
PATH REQUIRED UNDER  THIS  ARTICLE  TO  REGISTER  TRIENNIALLY  WITH  THE
DEPARTMENT  TO PRACTICE IN THE STATE SHALL COMPLY WITH THE PROVISIONS OF
THE MANDATORY CONTINUING COMPETENCY REQUIREMENTS PRESCRIBED IN  SUBDIVI-
SION  TWO  OF  THIS SECTION, EXCEPT AS PROVIDED IN PARAGRAPHS B AND C OF
THIS SUBDIVISION. LICENSED NATUROPATHS WHO DO NOT SATISFY THE  MANDATORY
CONTINUING  COMPETENCY  REQUIREMENTS SHALL NOT BE AUTHORIZED TO PRACTICE
UNTIL THEY HAVE MET SUCH REQUIREMENTS,  AND  THEY  HAVE  BEEN  ISSUED  A
REGISTRATION CERTIFICATE, EXCEPT THAT A LICENSED NATUROPATH MAY PRACTICE
WITHOUT  HAVING  MET  SUCH  REQUIREMENTS IF HE OR SHE IS ISSUED A CONDI-
TIONAL REGISTRATION PURSUANT TO SUBDIVISION THREE OF THIS SECTION.
  B. ADJUSTMENT TO THE MANDATORY CONTINUING COMPETENCY REQUIREMENTS  MAY
BE GRANTED BY THE DEPARTMENT FOR REASONS OF HEALTH OF THE LICENSEE WHERE
CERTIFIED  BY  AN  APPROPRIATE  HEALTH  CARE  PROFESSIONAL, FOR EXTENDED
ACTIVE DUTY WITH THE ARMED FORCES OF THE UNITED  STATES,  OR  FOR  OTHER
GOOD CAUSE ACCEPTABLE TO THE DEPARTMENT WHICH MAY PREVENT COMPLIANCE.
  C. A LICENSED NATUROPATH NOT ENGAGED IN PRACTICE, AS DETERMINED BY THE
DEPARTMENT,  SHALL  BE  EXEMPT  FROM THE MANDATORY CONTINUING COMPETENCY
REQUIREMENT UPON THE FILING OF A STATEMENT WITH THE DEPARTMENT DECLARING
SUCH STATUS. ANY LICENSEE WHO RETURNS TO THE PRACTICE OF LICENSED  NATU-
ROPATH DURING THE TRIENNIAL REGISTRATION PERIOD SHALL NOTIFY THE DEPART-
MENT  PRIOR  TO  REENTERING THE PROFESSION AND SHALL MEET SUCH MANDATORY
CONTINUING COMPETENCY REQUIREMENTS AS SHALL BE PRESCRIBED BY REGULATIONS
OF THE COMMISSIONER.
  2. A. DURING EACH  TRIENNIAL  REGISTRATION  PERIOD  AN  APPLICANT  FOR
REGISTRATION  AS A LICENSED NATUROPATH SHALL COMPLETE A MINIMUM OF THIR-
TY-SIX HOURS OF  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

S. 1803--C                          5

PERTINENT  TO  THE SCOPE OF PRACTICE OF NATUROPATHY.  WITH THE EXCEPTION
OF CONTINUING EDUCATION HOURS TAKEN DURING THE REGISTRATION PERIOD IMME-
DIATELY PRECEDING THE EFFECTIVE DATE OF THIS SECTION, CONTINUING  EDUCA-
TION HOURS TAKEN DURING ONE TRIENNIUM MAY NOT BE TRANSFERRED TO A SUBSE-
QUENT TRIENNIUM.
  B. ANY LICENSED NATUROPATH WHOSE FIRST REGISTRATION DATE FOLLOWING THE
EFFECTIVE  DATE  OF  THIS SECTION OCCURS LESS THAN THREE YEARS FROM SUCH
EFFECTIVE DATE, SHALL COMPLETE CONTINUING COMPETENCY HOURS ON A PRORATED
BASIS AT THE RATE OF ONE-HALF HOUR PER MONTH FOR  THE  PERIOD  BEGINNING
JANUARY FIRST, TWO THOUSAND TWELVE, UP TO THE FIRST REGISTRATION DATE.
  C. THEREAFTER, A LICENSEE WHO HAS NOT SATISFIED THE MANDATORY CONTINU-
ING COMPETENCY REQUIREMENTS SHALL NOT BE ISSUED A TRIENNIAL REGISTRATION
CERTIFICATE  BY THE DEPARTMENT AND SHALL NOT PRACTICE UNLESS AND UNTIL A
CONDITIONAL REGISTRATION CERTIFICATE IS ISSUED AS PROVIDED FOR IN SUBDI-
VISION THREE OF THIS SECTION.
  3. THE DEPARTMENT, IN ITS DISCRETION, MAY ISSUE A  CONDITIONAL  REGIS-
TRATION  TO  A  LICENSEE  WHO  FAILS  TO  MEET THE CONTINUING COMPETENCY
REQUIREMENTS ESTABLISHED IN SUBDIVISION TWO OF  THIS  SECTION,  BUT  WHO
AGREES  TO MAKE UP ANY DEFICIENCIES AND COMPLETE ANY ADDITIONAL LEARNING
ACTIVITIES WHICH THE DEPARTMENT MAY REQUIRE.
  THE FEE FOR SUCH A CONDITIONAL REGISTRATION SHALL BE THE SAME AS,  AND
IN  ADDITION TO, THE FEE FOR THE TRIENNIAL REGISTRATION. THE DURATION OF
SUCH CONDITIONAL REGISTRATION SHALL BE DETERMINED BY THE DEPARTMENT  BUT
SHALL NOT EXCEED ONE YEAR. ANY LICENSEE WHO IS NOTIFIED OF THE DENIAL OF
REGISTRATION FOR FAILURE TO SUBMIT EVIDENCE, SATISFACTORY TO THE DEPART-
MENT,  OF  REQUIRED  CONTINUING  COMPETENCY  LEARNING ACTIVITIES AND WHO
PRACTICES WITHOUT SUCH REGISTRATION, SHALL BE  SUBJECT  TO  DISCIPLINARY
PROCEEDINGS PURSUANT TO SECTION SIXTY-FIVE HUNDRED TEN OF THIS TITLE.
  4.  AS  USED  IN SUBDIVISION TWO OF THIS SECTION, "ACCEPTABLE LEARNING
ACTIVITIES" SHALL MEAN ACTIVITIES WHICH CONTRIBUTE TO PROFESSIONAL PRAC-
TICE IN NATUROPATHIC MEDICINE, AND WHICH MEET THE  STANDARDS  PRESCRIBED
IN  THE  REGULATIONS OF THE COMMISSIONER. SUCH LEARNING ACTIVITIES SHALL
INCLUDE, BUT NOT BE LIMITED TO, COLLEGIATE LEVEL CREDIT  AND  NON-CREDIT
COURSES,  SELF-STUDY  ACTIVITIES,  INDEPENDENT  STUDY,  FORMAL MENTORING
ACTIVITIES, PUBLICATIONS IN PROFESSIONAL JOURNALS, PROFESSIONAL DEVELOP-
MENT PROGRAMS AND TECHNICAL SESSIONS; SUCH LEARNING  ACTIVITIES  MAY  BE
OFFERED  AND SPONSORED BY NATIONAL, STATE AND LOCAL PROFESSIONAL ASSOCI-
ATIONS AND OTHER ORGANIZATIONS OR PARTIES ACCEPTABLE TO THE  DEPARTMENT,
AND  ANY  OTHER  ORGANIZED EDUCATIONAL AND TECHNICAL LEARNING ACTIVITIES
ACCEPTABLE TO THE DEPARTMENT. THE DEPARTMENT MAY, IN ITS DISCRETION  AND
AS NEEDED TO CONTRIBUTE TO THE HEALTH AND WELFARE OF THE PUBLIC, REQUIRE
THE  COMPLETION OF CONTINUING COMPETENCY LEARNING ACTIVITIES IN SPECIFIC
SUBJECTS TO FULFILL THIS MANDATORY  CONTINUING  COMPETENCY  REQUIREMENT.
LEARNING ACTIVITIES MUST BE TAKEN FROM A SPONSOR APPROVED BY THE DEPART-
MENT, PURSUANT TO THE  REGULATIONS OF THE COMMISSIONER.
  5.  LICENSED  NATUROPATHS  SHALL  MAINTAIN  ADEQUATE  DOCUMENTATION OF
COMPLETION OF:
  A. A LEARNING PLAN THAT SHALL RECORD CURRENT AND ANTICIPATED ROLES AND
RESPONSIBILITIES BUT SHALL NOT REQUIRE THE RECORDS  OF  PEER  REVIEW  OR
SELF-ASSESSMENT OF COMPETENCIES; AND
  B.  ACCEPTABLE  CONTINUING  COMPETENCY  LEARNING  ACTIVITIES AND SHALL
PROVIDE SUCH DOCUMENTATION AT THE REQUEST OF THE DEPARTMENT.
  6. THE MANDATORY CONTINUING COMPETENCY FEE SHALL BE FIFTY DOLLARS  FOR
LICENSED  NATUROPATHS,  SHALL  BE  PAYABLE ON OR BEFORE THE FIRST DAY OF
EACH TRIENNIAL REGISTRATION PERIOD, AND SHALL BE PAID IN ADDITION TO THE

S. 1803--C                          6

TRIENNIAL REGISTRATION FEE REQUIRED BY SECTION SIXTY-FIVE HUNDRED SEVEN-
TY-NINE OF THIS ARTICLE.
  S  3. Subdivision (a) of section 1203 of the limited liability company
law, as separately amended by chapters 420 and 676 of the laws of  2002,
is amended to read as follows:
  (a)  Notwithstanding  the education law or any other provision of law,
one or more professionals each of whom is authorized by law to render  a
professional  service within the state, or one or more professionals, at
least one of whom is authorized by law to render a professional  service
within  the  state,  may  form,  or  cause  to be formed, a professional
service limited liability company for pecuniary profit under this  arti-
cle for the purpose of rendering the professional service or services as
such professionals are authorized to practice. With respect to a profes-
sional  service  limited  liability  company  formed  to provide medical
services as such services are defined in article 131  of  the  education
law,  each  member  of  such  limited liability company must be licensed
pursuant to article 131 of the education law  to  practice  medicine  in
this  state.    WITH RESPECT TO A PROFESSIONAL SERVICE LIMITED LIABILITY
COMPANY FORMED TO PROVIDE NATUROPATHIC SERVICES  AS  SUCH  SERVICES  ARE
DEFINED  IN  ARTICLE  132-A  OF  THE  EDUCATION LAW, EACH MEMBER OF SUCH
LIMITED LIABILITY COMPANY MUST BE LICENSED PURSUANT TO ARTICLE 132-A  OF
THE EDUCATION LAW TO PRACTICE NATUROPATHY IN THIS STATE. With respect to
a  professional  service  limited  liability  company  formed to provide
dental services as such services are  defined  in  article  133  of  the
education  law,  each  member  of such limited liability company must be
licensed pursuant to article  133  of  the  education  law  to  practice
dentistry  in this state. With respect to a professional service limited
liability company formed to provide veterinary services as such services
are defined in article 135 of the education law,  each  member  of  such
limited  liability  company  must be licensed pursuant to article 135 of
the education law to practice veterinary medicine in  this  state.  With
respect  to  a  professional service limited liability company formed to
provide professional engineering, land surveying,  architectural  and/or
landscape architectural services as such services are defined in article
145,  article  147  and article 148 of the education law, each member of
such limited liability company must be licensed pursuant to article 145,
article 147 and/or article 148 of the education law to practice  one  or
more  of  such professions in this state. With respect to a professional
service limited liability company formed to  provide  licensed  clinical
social  work services as such services are defined in article 154 of the
education law, each member of such limited liability  company  shall  be
licensed  pursuant  to  article  154  of  the  education law to practice
licensed clinical social work in this state. With respect to  a  profes-
sional service limited liability company formed to provide creative arts
therapy  services  as  such  services  are defined in article 163 of the
education law, each member of such limited  liability  company  must  be
licensed  pursuant to article 163 of the education law to practice crea-
tive arts therapy in this state. With respect to a professional  service
limited  liability company formed to provide marriage and family therapy
services as such services are defined in article 163  of  the  education
law,  each  member  of  such  limited liability company must be licensed
pursuant to article 163 of the education law to  practice  marriage  and
family  therapy  in  this  state. With respect to a professional service
limited liability company formed to  provide  mental  health  counseling
services  as  such  services are defined in article 163 of the education
law, each member of such limited  liability  company  must  be  licensed

S. 1803--C                          7

pursuant  to  article 163 of the education law to practice mental health
counseling in this state. With respect to a professional service limited
liability company formed to  provide  psychoanalysis  services  as  such
services are defined in article 163 of the education law, each member of
such  limited liability company must be licensed pursuant to article 163
of the education law to practice psychoanalysis in this state.  In addi-
tion to engaging in  such  profession  or  professions,  a  professional
service  limited  liability  company may engage in any other business or
activities as to which a limited liability company may be  formed  under
section  two  hundred  one  of this chapter.   Notwithstanding any other
provision of this section,  a  professional  service  limited  liability
company  (i)  authorized  to  practice  law  may  only engage in another
profession or business or activities or  (ii)  which  is  engaged  in  a
profession  or  other  business  or  activities  other than law may only
engage in the practice of law, to the extent not prohibited by any other
law of this state or any rule adopted by the appropriate appellate divi-
sion of the supreme court or the court of appeals.
  S 4. Subdivision (b) of section 1207 of the limited liability  company
law,  as separately amended by chapters 420 and 676 of the laws of 2002,
is amended to read as follows:
  (b) with respect to a professional service limited  liability  company
formed to provide medical services as such services are defined in arti-
cle  131  of  the  education  law, each member of such limited liability
company must be licensed pursuant to article 131 of the education law to
practice medicine in this state.  WITH RESPECT TO A PROFESSIONAL SERVICE
LIMITED LIABILITY COMPANY FORMED TO  PROVIDE  NATUROPATHIC  SERVICES  AS
SUCH  SERVICES  ARE  DEFINED IN ARTICLE 132-A OF THE EDUCATION LAW, EACH
MEMBER OF SUCH LIMITED LIABILITY COMPANY MUST BE  LICENSED  PURSUANT  TO
ARTICLE  132-A  OF  THE  EDUCATION  LAW  TO PRACTICE NATUROPATHY IN THIS
STATE. With respect to a professional service limited liability  company
formed  to provide dental services as such services are defined in arti-
cle 133 of the education law, each  member  of  such  limited  liability
company must be licensed pursuant to article 133 of the education law to
practice dentistry in this state. With respect to a professional service
limited  liability company formed to provide veterinary services as such
services are defined in article 135 of the education law, each member of
such limited liability company must be licensed pursuant to article  135
of the education law to practice veterinary medicine in this state. With
respect  to  a  professional service limited liability company formed to
provide professional engineering, land surveying,  architectural  and/or
landscape architectural services as such services are defined in article
145,  article  147  and article 148 of the education law, each member of
such limited liability company must be licensed pursuant to article 145,
article 147 and/or article 148 of the education law to practice  one  or
more  of  such professions in this state. With respect to a professional
service limited liability company formed to  provide  licensed  clinical
social  work services as such services are defined in article 154 of the
education law, each member of such limited liability  company  shall  be
licensed  pursuant  to  article  154  of  the  education law to practice
licensed clinical social work in this state. With respect to  a  profes-
sional service limited liability company formed to provide creative arts
therapy  services  as  such  services  are defined in article 163 of the
education law, each member of such limited  liability  company  must  be
licensed  pursuant to article 163 of the education law to practice crea-
tive arts therapy in this state. With respect to a professional  service
limited  liability company formed to provide marriage and family therapy

S. 1803--C                          8

services as such services are defined in article 163  of  the  education
law,  each  member  of  such  limited liability company must be licensed
pursuant to article 163 of the education law to  practice  marriage  and
family  therapy  in  this  state. With respect to a professional service
limited liability company formed to  provide  mental  health  counseling
services  as  such  services are defined in article 163 of the education
law, each member of such limited  liability  company  must  be  licensed
pursuant  to  article 163 of the education law to practice mental health
counseling in this state. With respect to a professional service limited
liability company formed to  provide  psychoanalysis  services  as  such
services are defined in article 163 of the education law, each member of
such  limited liability company must be licensed pursuant to article 163
of the education law to practice psychoanalysis in this state.
  S 5. Subdivision (a) of section 1301 of the limited liability  company
law,  as separately amended by chapters 420 and 676 of the laws of 2002,
is amended to read as follows:
  (a) "Foreign professional service limited liability company"  means  a
professional  service  limited liability company, whether or not denomi-
nated as such, organized under the laws of  a  jurisdiction  other  than
this state, (i) each of whose members and managers, if any, is a profes-
sional  authorized  by  law to render a professional service within this
state and who is or has been engaged in the practice of such  profession
in  such professional service limited liability company or a predecessor
entity, or will engage in the practice of such profession in the profes-
sional service limited liability company within thirty days of the  date
such  professional becomes a member, or each of whose members and manag-
ers, if any, is a professional at least one of such members  is  author-
ized  by  law to render a professional service within this state and who
is or has been engaged in  the  practice  of  such  profession  in  such
professional  service limited liability company or a predecessor entity,
or will engage in the practice of such profession  in  the  professional
service  limited  liability  company within thirty days of the date such
professional becomes a member, or  (ii)  authorized  by,  or  holding  a
license,  certificate,  registration  or  permit issued by the licensing
authority pursuant to,  the  education  law  to  render  a  professional
service within this state; except that all members and managers, if any,
of  a  foreign  professional  service  limited  liability  company  that
provides health services in this state shall be licensed in this  state.
WITH RESPECT TO A FOREIGN PROFESSIONAL SERVICE LIMITED LIABILITY COMPANY
FORMED  TO PROVIDE NATUROPATHIC SERVICES AS SUCH SERVICES ARE DEFINED IN
ARTICLE 132-A OF THE EDUCATION LAW, EACH MEMBER OF SUCH LIMITED  LIABIL-
ITY  COMPANY MUST BE LICENSED PURSUANT TO ARTICLE 132-A OF THE EDUCATION
LAW TO PRACTICE NATUROPATHY IN THIS STATE. With  respect  to  a  foreign
professional service limited liability company which provides veterinary
services  as  such  services are defined in article 135 of the education
law, each member of such foreign professional service limited  liability
company  shall  be licensed pursuant to article 135 of the education law
to practice veterinary medicine. With respect to a foreign  professional
service  limited  liability  company  which provides medical services as
such services are defined in article 131  of  the  education  law,  each
member  of  such  foreign professional service limited liability company
must be licensed pursuant to article 131 of the education law  to  prac-
tice  medicine  in  this state.   With respect to a foreign professional
service limited liability company which provides dental services as such
services are defined in article 133 of the education law, each member of
such foreign professional service  limited  liability  company  must  be

S. 1803--C                          9

licensed  pursuant  to  article  133  of  the  education law to practice
dentistry in this state. With respect to a foreign professional  service
limited  liability company which provides professional engineering, land
surveying, architectural and/or landscape architectural services as such
services  are defined in article 145, article 147 and article 148 of the
education law, each member of such foreign professional service  limited
liability  company must be licensed pursuant to article 145, article 147
and/or article 148 of the education law to practice one or more of  such
professions  in  this  state.  With  respect  to  a foreign professional
service limited  liability  company  which  provides  licensed  clinical
social  work services as such services are defined in article 154 of the
education law, each member of such foreign professional service  limited
liability  company  shall  be  licensed  pursuant  to article 154 of the
education law to practice clinical  social  work  in  this  state.  With
respect  to  a  foreign  professional  service limited liability company
which provides creative arts  therapy  services  as  such  services  are
defined in article 163 of the education law, each member of such foreign
professional service limited liability company must be licensed pursuant
to article 163 of the education law to practice creative arts therapy in
this  state.  With  respect  to  a  foreign professional service limited
liability company which provides marriage and family therapy services as
such services are defined in article 163  of  the  education  law,  each
member  of  such  foreign professional service limited liability company
must be licensed pursuant to article 163 of the education law  to  prac-
tice  marriage  and  family  therapy  in  this  state. With respect to a
foreign professional service limited liability  company  which  provides
mental  health counseling services as such services are defined in arti-
cle 163 of the education law, each member of such  foreign  professional
service  limited  liability company must be licensed pursuant to article
163 of the education law to practice mental health  counseling  in  this
state.  With respect to a foreign professional service limited liability
company which provides psychoanalysis  services  as  such  services  are
defined in article 163 of the education law, each member of such foreign
professional service limited liability company must be licensed pursuant
to  article  163 of the education law to practice psychoanalysis in this
state.
  S 6. Subdivision (q) of section 121-1500 of the  partnership  law,  as
separately  amended  by  chapters  420  and  676 of the laws of 2002, is
amended to read as follows:
  (q) Each partner of a registered limited liability partnership  formed
to  provide  medical services in this state must be licensed pursuant to
article 131 of the education law to practice medicine in this state  and
each  partner  of  a  registered limited liability partnership formed to
provide dental services in this state must be licensed pursuant to arti-
cle 133 of the education law to practice dentistry in this state.   EACH
PARTNER  OF A REGISTERED LIMITED LIABILITY PARTNERSHIP FORMED TO PROVIDE
NATUROPATHIC SERVICES IN THIS STATE MUST BE LICENSED PURSUANT TO ARTICLE
132-A OF THE EDUCATION LAW TO PRACTICE NATUROPATHY IN THIS  STATE.  Each
partner  of a registered limited liability partnership formed to provide
veterinary services in this state must be licensed pursuant  to  article
135  of the education law to practice veterinary medicine in this state.
Each partner of a registered limited  liability  partnership  formed  to
provide  professional  engineering, land surveying, architectural and/or
landscape architectural services in this state must be licensed pursuant
to article 145, article 147 and/or article 148 of the education  law  to
practice  one or more of such professions in this state. Each partner of

S. 1803--C                         10

a registered limited liability partnership formed  to  provide  licensed
clinical social work services in this state must be licensed pursuant to
article  154  of  the  education law to practice clinical social work in
this  state.  Each partner of a registered limited liability partnership
formed to provide creative arts therapy services in this state  must  be
licensed  pursuant to article 163 of the education law to practice crea-
tive arts therapy in this state. Each partner of  a  registered  limited
liability  partnership  formed  to  provide  marriage and family therapy
services in this state must be licensed pursuant to article 163  of  the
education  law  to  practice  marriage and family therapy in this state.
Each partner of a registered limited  liability  partnership  formed  to
provide mental health counseling services in this state must be licensed
pursuant  to  article 163 of the education law to practice mental health
counseling in this state. Each partner of a registered limited liability
partnership formed to provide psychoanalysis services in this state must
be licensed pursuant to article 163 of the  education  law  to  practice
psychoanalysis in this state.
  S  7.  Subdivision  (q) of section 121-1502 of the partnership law, as
amended by chapter 230 of the laws  of  2004,  is  amended  to  read  as
follows:
  (q)  Each  partner  of  a  foreign limited liability partnership which
provides medical services in this state must  be  licensed  pursuant  to
article  131  of the education law to practice medicine in the state and
each partner of a foreign limited liability partnership  which  provides
dental services in the state must be licensed pursuant to article 133 of
the  education law to practice dentistry in this state.  EACH PARTNER OF
A FOREIGN LIMITED  LIABILITY  PARTNERSHIP  WHICH  PROVIDES  NATUROPATHIC
SERVICES IN THIS STATE MUST BE LICENSED PURSUANT TO ARTICLE 132-A OF THE
EDUCATION  LAW  TO PRACTICE NATUROPATHY IN THIS STATE. Each partner of a
foreign limited liability partnership which provides veterinary  service
in  the state shall be licensed pursuant to article 135 of the education
law to practice veterinary medicine in this state.  Each  partner  of  a
foreign  limited liability partnership which provides professional engi-
neering, land surveying, architectural  and/or  landscape  architectural
services in this state must be licensed pursuant to article 145, article
147  and/or  article 148 of the education law to practice one or more of
such professions. Each partner of a foreign limited  liability  partner-
ship which provides licensed clinical social work services in this state
must  be  licensed pursuant to article 154 of the education law to prac-
tice licensed clinical social work in this  state.  Each  partner  of  a
foreign limited liability partnership which provides creative arts ther-
apy  services  in this state must be licensed pursuant to article 163 of
the education law to practice creative arts therapy in this state.  Each
partner  of  a  foreign  limited  liability  partnership  which provides
marriage and family therapy services in  this  state  must  be  licensed
pursuant  to  article  163 of the education law to practice marriage and
family therapy in this state. Each partner of a foreign limited  liabil-
ity partnership which provides mental health counseling services in this
state  must  be licensed pursuant to article 163 of the education law to
practice mental health counseling in  this  state.  Each  partner  of  a
foreign  limited  liability  partnership  which  provides psychoanalysis
services in this state must be licensed pursuant to article 163  of  the
education law to practice psychoanalysis in this state.
  S  8.  Paragraph  (a)  of  subdivision  1 of section 413 of the social
services law, as amended by chapter 91 of the laws of 2011,  is  amended
to read as follows:

S. 1803--C                         11

  (a)  The  following  persons  and  officials are required to report or
cause a report to be made in accordance with this title when  they  have
reasonable  cause  to  suspect  that a child coming before them in their
professional or official capacity is an abused or maltreated  child,  or
when  they have reasonable cause to suspect that a child is an abused or
maltreated child where the parent, guardian, custodian or  other  person
legally  responsible  for  such child comes before them in their profes-
sional or official capacity and states from  personal  knowledge  facts,
conditions or circumstances which, if correct, would render the child an
abused  or maltreated child: any physician; registered physician assist-
ant; surgeon; medical  examiner;  coroner;  dentist;  dental  hygienist;
osteopath;  optometrist;  chiropractor; podiatrist; LICENSED NATUROPATH;
resident; intern; psychologist; registered nurse; social  worker;  emer-
gency  medical  technician;  licensed  creative arts therapist; licensed
marriage  and  family  therapist;  licensed  mental  health   counselor;
licensed  psychoanalyst;  hospital  personnel  engaged in the admission,
examination, care or treatment of persons; a Christian  Science  practi-
tioner;  school  official,  which  includes but is not limited to school
teacher, school guidance counselor, school psychologist,  school  social
worker,  school  nurse,  school  administrator or other school personnel
required to hold a teaching or administrative  license  or  certificate;
social  services worker; director of a children's overnight camp, summer
day camp or traveling summer day camp, as  such  camps  are  defined  in
section  thirteen  hundred ninety-two of the public health law; day care
center worker; school-age child care worker; provider of family or group
family day care; employee or volunteer in a  residential  care  facility
defined  in  subdivision  four  of section four hundred twelve-a of this
title or any other child care  or  foster  care  worker;  mental  health
professional;  substance  abuse  counselor;  alcoholism  counselor;  all
persons credentialed by the office of  alcoholism  and  substance  abuse
services;  peace officer; police officer; district attorney or assistant
district attorney; investigator employed in the  office  of  a  district
attorney; or other law enforcement official.
  S  9.  This  act  shall  take effect on the three hundred sixtieth day
after it shall have become a law; provided however, that 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  and directed to be made and completed by the commissioner of
education and the board of regents on or before such effective date.

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