senate Bill S4828

Amended

Regulates the practice of naturopathic medicine

download pdf

Sponsor

Co-Sponsors

view all co-sponsors

Bill Status


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

actions

  • 25 / Apr / 2013
    • REFERRED TO HIGHER EDUCATION
  • 03 / Jun / 2013
    • AMEND AND RECOMMIT TO HIGHER EDUCATION
  • 03 / Jun / 2013
    • PRINT NUMBER 4828A
  • 05 / Jun / 2013
    • REPORTED AND COMMITTED TO FINANCE
  • 17 / Jun / 2013
    • COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • 17 / Jun / 2013
    • ORDERED TO THIRD READING CAL.1392
  • 17 / Jun / 2013
    • PASSED SENATE
  • 17 / Jun / 2013
    • DELIVERED TO ASSEMBLY
  • 17 / Jun / 2013
    • REFERRED TO HIGHER EDUCATION
  • 08 / Jan / 2014
    • DIED IN ASSEMBLY
  • 08 / Jan / 2014
    • RETURNED TO SENATE
  • 08 / Jan / 2014
    • REFERRED TO HIGHER EDUCATION

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.

do you support this bill?

Bill Details

Versions:
S4828
S4828A
Legislative Cycle:
2013-2014
Current Committee:
Senate Higher Education
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:
2011-2012: S1803E
2009-2010: A1370, S1930
2007-2008: A4966

Sponsor Memo

BILL NUMBER:S4828

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 naturopathic doctors as licensed professionals in New
York State. This legislation also includes specific requirements for
the education and residency 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 residency training of an approved program with five
years of clinical super- vision of not less than 12 months in duration
and pass a national examination.

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 institutions that train NDs in New York, which is not
possible until licensure 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
Naturopathic Doctors is a long-overdue and critical step in the future
financial and medical well-being of New York State.

LEGISLATIVE HISTORY: 2011-12 S.1803E; 2009-2010 S.1930; 2007-08,
S.2790; 2005, S.1617; 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
if section 3 of part D of Chapter 501 of the Laws of 2012 shall not


have taken effect on or before such date then section eight of this
act shall take effect on the same date and in the same manner as
section 3 of part D of Chapter 501 of the Laws of 2012 takes effect;
provided further 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
________________________________________________________________________

                                  4828

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             April 25, 2013
                               ___________

Introduced  by  Sens.  LAVALLE, ADDABBO, LARKIN, MAZIARZ, SEWARD -- read
  twice and ordered printed, and when printed to  be  committed  to  the
  Committee on Higher Education

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:
                              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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00060-02-3

S. 4828                             2

        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 SIXTEEN, HAVE SATISFACTORI-
LY  COMPLETED  AN APPROVED CLINICAL POST-GRADUATE RESIDENCY TRAINING, OF
NOT LESS THAN TWELVE MONTHS DURATION, UNDER THE DIRECT SUPERVISION OF  A
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;

S. 4828                             3

  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:
  1.  PRESCRIBING  OR  ADMINISTERING  DRUGS  WHICH  WOULD BE PREPARED OR
DISPENSED BY A STATE LICENSED PHARMACIST; AND AS DEFINED IN THIS CHAPTER
AS A TREATMENT, THERAPY OR PROFESSIONAL SERVICE IN THE PRACTICE OF NATU-
ROPATHY; 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

S. 4828                             4

OTHER MEANS.  INVASIVE PROCEDURE INCLUDES BUT IS NOT LIMITED TO SURGERY,
LASERS,  GIVING INJECTIONS, DRAWING BLOOD, IONIZING RADIATION, THERAPEU-
TIC 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.  ORDERING  OR  INTERPRETING  X-RAYS  AND MAGNETIC RESONANCE IMAGING
STUDIES; AND
  8. ORDERING OR 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  ACCEPTABLE  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 NATUROPATHY.   WITH THE
EXCEPTION OF CONTINUING EDUCATION HOURS TAKEN  DURING  THE  REGISTRATION
PERIOD IMMEDIATELY PRECEDING THE EFFECTIVE DATE OF THIS SECTION, CONTIN-
UING  EDUCATION  HOURS TAKEN DURING ONE TRIENNIUM MAY NOT BE TRANSFERRED
TO A SUBSEQUENT TRIENNIUM.

S. 4828                             5

  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 THIRTEEN, 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
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:

S. 4828                             6

  (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
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

S. 4828                             7

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
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

S. 4828                             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  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
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

S. 4828                             9

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
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

S. 4828                            10

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 section 3 of part D of chapter 501 of the
laws of 2012, is amended to read as follows:
  (a) The following persons and officials  are  required  to  report  or
cause  a  report to be made in accordance with this title when they have
reasonable cause to suspect that a child coming  before  them  in  their
professional  or  official capacity is an abused or maltreated child, or
when they have reasonable cause to suspect that a child is an abused  or

S. 4828                            11

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; 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 if section 3 of
part D of chapter 501 of the laws of 2012 shall not have taken effect on
or  before such date then section eight of this act shall take effect on
the same date and in the same manner as section 3 of part D  of  chapter
501  of  the  laws of 2012 takes effect; provided further that effective
immediately, the addition, amendment and/or repeal of any rule or  regu-
lation  necessary  for  the  implementation of this act on its effective
date is authorized and directed to be made and completed by the  commis-
sioner of education and the board of regents on or before such effective
date.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.