Senate Bill S4197

2009-2010 Legislative Session

Relates to the practice of licensed professions by special education schools and early intervention agencies and their employees; repealer

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Archive: Last Bill Status - In Senate Committee Higher Education Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to higher education
May 29, 2009	print number 4197a
May 29, 2009	amend and recommit to higher education
Apr 16, 2009	referred to higher education

Bill Amendments

Original

A (Active)

2009-S4197 - Details

Current Committee:: Senate Higher Education
Laws Affected:: Rpld §4410 sub 6, amd §4410, add §6503-a, Ed L

2009-S4197 - Summary

Relates to the practice of licensed professions by special education schools and early intervention agencies and their employees.

2009-S4197 - Sponsor Memo

                                 BILL NUMBER:  S4197

 TITLE OF BILL :

An act to amend the education law, in relation to the practice of
licensed professions by special education schools and early
intervention agencies and their employees; and to repeal certain
provisions of such law relating thereto


 PURPOSE OF THE BILL :

The purpose of the bill is to reconcile the provisions of Title VIII
of the Education Law that prohibit corporate practice of certain
licensed professions and the provisions of Education Law §441 0 and
other provisions of Article 89 of the Education Law that contemplate
that special education schools and providers be organized to provide
multi-disciplinary evaluations and all related services recommended on
the student's individualized education program, regardless of the
profession involved. The bill would also clarify that the exemptions
in the professions of psychology and speech-language pathology and
audiology that allow elementary and secondary schools to employ school
psychologists and teachers of the speech and hearing handicapped apply
to center-based preschool special education providers' services when
providing services on-site. The bill would similarly reconcile the
provisions of Title VIII of the Education Law that prohibit corporate

practice of certain licensed professions and the provisions of Title
2-A of Article 25 of the Public Health Law that contemplate that early
intervention agencies be organized to provide the full range of early
intervention program services.

 SUMMARY OF THE PROVISIONS OF THE BILL :

Section 1 would repeal §4410(6) relating to transition of children who
were in preschool programs pursuant to §236 of the Family Court Act
before July 1, 1989, and would add a new subdivision 6 to §4410 of
Education Law to resolve, in conjunction with sections 2 through 4 of
this bill, various conflicts between the provisions of §4410 on
preschool special education and the provisions of Title VIII of
Education Law on professional practice.

New §4410(6)(a) would provide that approved providers of preschool
special education that are registered as special education schools
under new §6503-a of Education Law would be authorized to employ
licensed professionals or contract with licensees or entities legally
authorized to provide professional services in accordance with
§6503-a. Without such registration, employment or contracting for
professional services in most licensed professions would conflict with
restrictions on corporate practice under Title VIII.

New §4410(6)(b) would clarify that an approved program may be formed
as an education corporation, or, with the consent of the Commissioner,
as a not-for-profit corporation, business corporation, or limited
liability company, or a group of appropriately licensed professionals
may be formed as a professional service limited liability company
(PLLC) or a registered limited liability partnership (RLLP) and if so
formed, may be authorized to provide special education itinerant
services or educational services, even though they are entities
ordinarily formed to provide professional services. In addition, such
an entity would be authorized to contract with other professionals or
entities authorized to provide professional services that the PLLC or
RLLP would not be authorized to provide directly, where such services
are rendered for the purposes of conducting a multi-disciplinary
evaluation or providing related services specified in the IEP of a
preschool child.

New §4410(6)(c) would clarify, without expanding, the current
exemption from the practice of speech-language pathology and audiology
in Education Law §8207(2) that applies to an approved 4410.  provider
that is a center-based program, so they may employ a teacher of the
speech and hearing handicapped, for services rendered to students
enrolled in such center-based program. A center-based program is an
approved §4410 school that operates special education classes and/or
special education classes in an integrated facility-based setting. New
§4410(6)(d) would similarly clarify that the exemption from the
practice of psychology in Education Law §7605(1) would apply to an
approved 4410 provider that is a center-based program, so they may
employ a school psychologist for services rendered to students
enrolled in such center-based program.

Section 2 would amend paragraphs band d of subdivision 9 of §4410 of
Education Law to require that a provider of special services or
programs that relies on formal written agreements or affiliations with
appropriately certified or licensed professionals, or agencies
employing such professionals, certify as part of the program approval
application process that it will apply for and obtain registration
pursuant to §6503-a prior to providing evaluation services or related
services pursuant to such written agreements or affiliations.

Section 3 would amend §4410(9-a)(a) of Education Law to require that a
group of appropriately licensed or certified professionals must be
formed as a PLLC, foreign PLLC, RLLP or New York foreign RLLP to be
eligible for approval as an evaluator on and after July 1, 2009.  The
bill also would provide that the approval of any groups of licensed or
certified professionals that are in existence on July 1, 2009 and
would not be eligible for approval thereafter would terminate on July
1, 2010.

Section 4 would add a new §6503-a to Education Law to provide for
registration of special education schools as corporate entities
authorized to provide a range of professional services relating to the
evaluation of students suspected of having a disability and the
delivery of related services to students with disabilities either
through licensees employed by the school or by contract with licensees
or other authorized entities. New §6503-a would also provide for
registration of early intervention agencies as corporate entities
authorized to provide a range of professional services relating to the
early intervention program for infants and toddlers with disabilities
from birth to 2. In return, such registered special education schools
and early intervention agencies would become subject to professional
discipline in the same manner as professional corporations, PLLCs and
other entities authorized to engage in the practice of a profession.
New §6503-a (1) would supply definitions of "special education
school," "early intervention agency," "early intervention program
services," "multidisciplinary evaluation" for both special education
schools and early intervention agencies, and "related services." A
"special education school" would include a §4410. approved provider,
approved private residential or non-residential school for the
education of students with disabilities (a "Chapter 853" school), and
a child care institution that operates a private school or an
institution for the deaf or blind ("4201 school") that conducts a
multidisciplinary evaluation or provides related services in one or
more licensed professions for which no exception from prohibitions
against corporate practice exists. New §6503-a(2) would prohibit
special education schools that are not registered from employing
licensed professionals or contracting with other entities to practice
a profession while conducting a multi-disciplinary evaluation or
providing related services to students with disabilities, unless an
exception to the corporate practice prohibition exists. "Early
intervention agency" would mean an agency as defined in title two-a of
article twenty-five of the public health law which is approved or is
seeking approval by the Department of Health to deliver early
intervention program multidisciplinary evaluations, service
coordination services and early intervention program services, and is
lawfully operated by a not-for-profit corporation, private
corporation, limited liability company, registered limited liability
partnership, or other private entity. "Early intervention program
services" would mean early intervention services as defined in
subdivision seven of section twenty-five hundred forty-one of the
public health law that are provided under the early intervention
program and authorized in an eligible child's individualized family
services plan.

All special education schools and early intervention agencies in
existence on the effective date of new §6503-a would be deemed
registered for a period of time commencing on the effective date and
ending on July 1, 2010, allowing them time to apply for and obtain
registration. New §6503-a (3) would contain the procedures for
registration, including an initial fee of $345. New §6503-a (4) would
provide for registration renewal, with a triennial fee of $260. New
§6503-a (5) and (6) respectively would require notification of a
change in location and impose a good moral character requirement on
applicants. New §6503-a(7) would authorize registered special
education schools and early intervention agencies to employ licensed
professionals or contract with licensees or entities legally
authorized to practice the profession involved, solely for the purpose
of conducting a multi-disciplinary evaluation or providing related
services to students with disabilities. New §6503-a(8) would make
registered special education schools and early intervention agencies
subject to the supervision of the Board of Regents and the Department
relating to professional practice, including professional discipline.

Section 5 is the effective date.

 STATEMENT IN SUPPORT OF THE BILL :

This bill would add a new Education Law §6503-a and a new §4410(6) and
would amend §4410(9) and (9-a) to resolve a series of conflicts
between the provisions of Article 89 of Education Law, particularly
§4410, as well as the provisions of Title 2-A of Article 25 of the
Public Health Law relating to early intervention programs, and the
provisions of Title VIII of Education Law that prohibit licensed
professionals from engaging in corporate practice in most professions,
particularly in an organization with licensees from other professions.
Education Law §6512 makes it a Class E felony for an unlicensed person
to practice a licensed profession or hold oneself out as being able to
practice a licensed profession. With certain exceptions, such as
speech-pathology and audiology, corporate practice (practice of a
profession by a corporation or other corporate entity) is generally
prohibited, particularly where multiple professions are involved.

Education Law §4410 requires that multidisciplinary evaluations be
conducted by approved programs, which are generally education
corporations, other not-for-profit corporations, or business
corporations, or groups of appropriately licensed professionals
associated with a public or private agency approved by the
Commissioner. It also gives the parent the right to select the
approved evaluator. However, §4410 is silent, as is the rest of
Article 89 of the Education Law, about how it relates to the ability
of approved programs to engage in corporate practice. A similar
problem exists for early intervention programs regulated by the
Department of Health pursuant to Title 2-A of Article 25 of the Public
Health Law, where corporations are conducting multi-disciplinary
evaluations and providing early intervention services to infants and
toddlers with disabilities. In the absence of specific language
exempting such special education schools and early intervention
agencies from the prohibitions against corporate professional
practice, both the schools, agencies, and many licensees are operating
in conflict with the laws relating to professional practice and are at
risk of prosecution, or in the case of the licensees, of professional
discipline.

It is imperative that action be taken to address this conflict in a
way that would preserve the ability of approved private schools, 4201
schools and approved preschool providers to continue to deliver
related services to students with disabilities and, where applicable,
conduct multi-disciplinary evaluations of students suspected of having
a disability, and that would preserve the ability of early
intervention agencies to conduct multi-disciplinary evaluations and
provide early intervention services to infants and toddlers with
disabilities. This bill would accomplish that goal, while striking a
balance that assures that the policies underlying the laws regulating
the licensed professions are preserved. It would do so by authorizing
special education schools and early intervention agencies to employ
licensed professionals or contract for services from other licensees
or entities to conduct multi-disciplinary evaluations or deliver
related services to students enrolled in the school, provided that the
school or agency becomes registered under Education Law §6503-a and
thereby becomes subject to supervision by the Regents and the
Department under the law governing the professions and subject to
professional discipline. This would provide protection against
unlawful practice of the professions, while allowing the special
education schools and early intervention agencies to continue to
function without disruption. This bill would allow schools and early
intervention agencies to continue in their existing corporate form,
provided that they become registered under §6503-a.

New §4410(6) would also codify the Department's past interpretation of
Education Law §§8207(2) and 7605(1) that an approved center-based 4410
provider is a school indistinguishable from an elementary or secondary
school that is exempted from the practice of speech-language pathology
and audiology and psychology pursuant to those sections and is
authorized to employ teachers of the speech and hearing handicapped
and school psychologists to deliver speech and language and
psychological services, respectively. Thus, this bill would maintain
the status quo and allow such providers to continue to deliver these
services to students enrolled in an approved center-based program
without employing or contracting with licensed psychologists or
licensed speech-language therapists, just as other approved
center-based 4410 providers who serve both preschool children and
students with disabilities of school age are clearly authorized to do
under any reasonable interpretation of §§8207(2) and 7605(1). If this
issue is not clarified, the result could be a disruption in services
to preschool students with disabilities, particularly where shortages
of licensed professionals exist.

 BUDGETARY IMPLICATIONS OF THE BILL :

This bill should not result in significant costs to the State or local
governments. The bill would require special education schools and
early intervention agencies obtaining a registration under §6503-a to
pay a fee of $345 and a triennial re-registration fee of $260, which
should defray the costs of implementation of the registration process.

 PRIOR LEGISLATIVE HISTORY :

This is a new bill. In 2007, similar legislation was introduced in the
Assembly as a portion of A.8682, which was reported to the Assembly
Education Committee and no further action was taken.

 EFFECTIVE DATE :
This act would take effect immediately. To prevent the disruption of
services in the middle of the school year, special education schools
and early intervention agencies will have until July 1, 2010 to comply
with the provisions of sections 3 and 4 relating to the approval and
registration of such schools with the Commissioner of Education.

2009-S4197 - Bill Text download pdf

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

                                  4197

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 16, 2009
                               ___________

Introduced  by  Sen.  STAVISKY  --  (at  request  of the State Education
  Department) -- read twice and ordered printed, and when printed to  be
  committed to the Committee on Higher Education

AN  ACT  to  amend  the  education  law,  in relation to the practice of
  licensed professions by special education  schools  and  early  inter-
  vention agencies and their employees; and to repeal certain provisions
  of such law relating thereto

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

  Section 1. Subdivision 6 of section  4410  of  the  education  law  is
REPEALED and a new subdivision 6 is added to read as follows:
  6.  PROFESSIONAL  PRACTICE  ISSUES.  A.  APPROVED PROGRAMS OPERATED BY
PRIVATE PROVIDERS  SHALL  BE  SUBJECT  TO  REGISTRATION  TO  THE  EXTENT
PROVIDED  IN SECTION SIXTY-FIVE HUNDRED THREE-A OF THIS CHAPTER, AND, IF
REQUIRED TO BE  REGISTERED,  SHALL  BE  AUTHORIZED  TO  EMPLOY  LICENSED
PROFESSIONALS OR CONTRACT WITH LICENSED PROFESSIONALS OR ENTITIES LEGAL-
LY  AUTHORIZED  TO PROVIDE PROFESSIONAL SERVICES IN ACCORDANCE WITH SUCH
SECTION SIXTY-FIVE HUNDRED THREE-A OF THIS CHAPTER.
  B. AN APPROVED PROGRAM MAY BE FORMED AS AN EDUCATION CORPORATION,  OR,
WITH  THE  CONSENT OF THE COMMISSIONER, AS A NOT-FOR-PROFIT CORPORATION,
BUSINESS CORPORATION OR  LIMITED  LIABILITY  COMPANY.  IN  ADDITION,  AN
APPROVED PROGRAM OR GROUP OF APPROPRIATELY LICENSED OR CERTIFIED PROFES-
SIONALS MAY BE FORMED AS A PROFESSIONAL SERVICE LIMITED LIABILITY COMPA-
NY  OR  AS  A  FOREIGN PROFESSIONAL SERVICE LIMITED LIABILITY COMPANY IN
ACCORDANCE WITH THE APPLICABLE PROVISIONS OF ARTICLE TWELVE OR  THIRTEEN
OF  THE LIMITED LIABILITY COMPANY LAW OR AS A REGISTERED LIMITED LIABIL-
ITY PARTNERSHIP IN ACCORDANCE WITH SECTION 121-1500 OF  THE  PARTNERSHIP
LAW OR AS A NEW YORK REGISTERED FOREIGN LIMITED LIABILITY PARTNERSHIP IN
ACCORDANCE  WITH  SECTION  121-1502  OF THE PARTNERSHIP LAW. AN APPROVED
PROGRAM FORMED AS SUCH A PROFESSIONAL SERVICE LIMITED LIABILITY  COMPANY
OR REGISTERED LIMITED LIABILITY PARTNERSHIP MAY BE AUTHORIZED TO PROVIDE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02397-02-9

S. 4197                             2

SPECIAL  EDUCATION  ITINERANT SERVICES OR OTHER EDUCATIONAL SERVICES NOT
INVOLVING PRACTICE OF A PROFESSION UNDER TITLE EIGHT OF THIS CHAPTER. AN
APPROVED PROGRAM OR GROUP OF PROFESSIONALS FORMED AS SUCH A PROFESSIONAL
SERVICE  LIMITED LIABILITY COMPANY OR REGISTERED LIMITED LIABILITY PART-
NERSHIP MAY CONTRACT WITH INDIVIDUALS LICENSED OR  OTHERWISE  AUTHORIZED
TO PRACTICE, OR A PROFESSIONAL SERVICE CORPORATION, PARTNERSHIP OR OTHER
ENTITY  LEGALLY AUTHORIZED TO PRACTICE, ANY PROFESSION UNDER TITLE EIGHT
OF THIS CHAPTER IN WHICH THE COMPANY WOULD NOT BE AUTHORIZED TO  PROVIDE
PROFESSIONAL  SERVICES UNDER THE APPLICABLE PROVISIONS OF SECTION TWELVE
HUNDRED THREE OR SUBDIVISION (A) OF SECTION THIRTEEN HUNDRED ONE OF  THE
LIMITED  LIABILITY  COMPANY  LAW OR SECTIONS 121-1500 OR 121-1502 OF THE
PARTNERSHIP LAW, SOLELY FOR THE PURPOSES OF CONDUCTING A MULTI-DISCIPLI-
NARY EVALUATION OF A PRESCHOOL CHILD SUSPECTED OF HAVING A DISABILITY OR
A PRESCHOOL CHILD WITH A DISABILITY OR PROVIDING RELATED SERVICES SPECI-
FIED IN THE INDIVIDUALIZED EDUCATION PROGRAM OF A PRESCHOOL CHILD.
  C. NOTWITHSTANDING ANY OTHER PROVISION OF LAW  TO  THE  CONTRARY,  THE
EXEMPTION IN SUBDIVISION TWO OF SECTION EIGHTY-TWO HUNDRED SEVEN OF THIS
CHAPTER  SHALL  APPLY  TO  PERSONS  EMPLOYED  BY  A CENTER-BASED PROGRAM
APPROVED PURSUANT TO SUBDIVISION NINE OF THIS  SECTION  TO  PERFORM  THE
DUTIES  OF  A  SPEECH-LANGUAGE  PATHOLOGIST, AUDIOLOGIST, TEACHER OF THE
SPEECH AND HEARING IMPAIRED OR TEACHER OF THE DEAF TO STUDENTS  ENROLLED
IN SUCH APPROVED CENTER-BASED PROGRAM IN THE COURSE OF THEIR EMPLOYMENT.
  D.  NOTWITHSTANDING  ANY  OTHER  PROVISION OF LAW TO THE CONTRARY, THE
EXEMPTION IN SUBDIVISION ONE OF SECTION SEVENTY-SIX HUNDRED FIVE OF THIS
CHAPTER SHALL APPLY  TO  PERSONS  EMPLOYED  BY  A  CENTER-BASED  PROGRAM
APPROVED  PURSUANT  TO  SUBDIVISION  NINE  OF  THIS  SECTION AS A SCHOOL
PSYCHOLOGIST TO PROVIDE  ACTIVITIES,  SERVICES  AND  USE  OF  THE  TITLE
PSYCHOLOGIST  TO STUDENTS ENROLLED IN SUCH APPROVED CENTER-BASED PROGRAM
IN THE COURSE OF THEIR EMPLOYMENT.
  S 2. Paragraphs b and d of subdivision 9 of section 4410 of the educa-
tion law, as amended by chapter 705 of the laws of 1992, are amended  to
read as follows:
  b. As part of an application submitted pursuant to paragraph a of this
subdivision,  a  provider of special services or programs shall submit a
description of its  multi-disciplinary  evaluation  component,  if  any,
which shall be subject to the approval of the commissioner in accordance
with  regulations  adopted  for such purpose after consultation with the
appropriate advisory committee. Such components or program may  rely  in
part  on  formal  written  agreements or affiliations with appropriately
certified or licensed professionals, or agencies employing such  profes-
sionals,  provided  that  such  professionals  or agencies perform their
responsibilities in conformance with regulations of the commissioner and
that providers fully disclose any such arrangements on all  applications
for  program  approval, AND PROVIDED FURTHER THAT THE PROVIDER CERTIFIES
THAT IT SHALL APPLY FOR AND  OBTAIN  REGISTRATION  PURSUANT  TO  SECTION
SIXTY-FIVE HUNDRED THREE-A OF THIS CHAPTER PRIOR TO PROVIDING EVALUATION
SERVICES  PURSUANT  TO SUCH WRITTEN AGREEMENTS OR AFFILIATIONS.  Nothing
herein shall require a provider of special services or programs to  have
a multidisciplinary evaluation program.
  d.  Providers may make application to conduct a program that relies on
formal written agreements or affiliations with other  approved  programs
or appropriately certified or licensed professionals, provided that such
arrangements are fully disclosed on all applications to the commissioner
for  program  approval, AND PROVIDED FURTHER THAT THE PROVIDER CERTIFIES
THAT IT SHALL APPLY FOR AND  OBTAIN  REGISTRATION  PURSUANT  TO  SECTION
SIXTY-FIVE  HUNDRED  THREE-A  OF THIS CHAPTER PRIOR TO PROVIDING RELATED

S. 4197                             3

SERVICES PURSUANT TO ANY SUCH WRITTEN AGREEMENTS OR AFFILIATIONS INVOLV-
ING LICENSED PROFESSIONALS.
  S 3. Paragraph (a) of subdivision 9-a of section 4410 of the education
law,  as  added by chapter 82 of the laws of 1995, is amended to read as
follows:
  (a) A school district or a  group  of  appropriately  licensed  and/or
certified  professionals  associated with a public or private agency may
apply to the commissioner  for  approval  as  an  evaluator  on  a  form
prescribed  by  the  commissioner. The commissioner shall approve evalu-
ators pursuant to this subdivision consistent with the approval  process
for  the  multi-disciplinary  evaluation  component of programs approved
pursuant to subdivision nine of this section consistent with regulations
adopted pursuant to such subdivision.
  Such application shall include, but not be limited to,  a  description
of  the  multi-disciplinary  evaluation services proposed to be provided
and a demonstration that all agency employees and staff who provide such
evaluation services shall  have  appropriate  licensure  and/or  certif-
ication  and  that  the  individual  who  shall  have direct supervision
responsibilities over such staff shall  have  an  appropriate  level  of
experience  in  providing evaluation or services to preschool or kinder-
garten-aged children with [handicapping conditions] DISABILITIES. TO  BE
ELIGIBLE FOR APPROVAL AS AN EVALUATOR ON AND AFTER JULY FIRST, TWO THOU-
SAND  NINE, A GROUP OF APPROPRIATELY LICENSED OR CERTIFIED PROFESSIONALS
SHALL BE FORMED AS A PROFESSIONAL  SERVICE  LIMITED  LIABILITY  COMPANY,
FOREIGN  PROFESSIONAL  SERVICE  LIMITED  LIABILITY  COMPANY,  REGISTERED
LIMITED LIABILITY PARTNERSHIP OR NEW  YORK  FOREIGN  REGISTERED  LIMITED
LIABILITY  PARTNERSHIP. THE APPROVAL OF ANY GROUPS OF LICENSED OR CERTI-
FIED PROFESSIONALS THAT ARE IN EXISTENCE ON  JULY  FIRST,  TWO  THOUSAND
NINE  AND  WOULD NOT BE ELIGIBLE FOR APPROVAL THEREAFTER SHALL TERMINATE
ON JULY FIRST, TWO THOUSAND TEN.
  S 4. The education law is amended by adding a new  section  6503-a  to
read as follows:
  S 6503-A. REGISTRATION OF CERTAIN SPECIAL EDUCATION SCHOOLS. 1.  DEFI-
NITIONS. AS USED IN THIS SECTION:
  A.  "SPECIAL EDUCATION SCHOOL" MEANS AN APPROVED PROGRAM AS DEFINED IN
PARAGRAPH A OF SUBDIVISION ONE OF SECTION FORTY-FOUR HUNDRED TEN OF THIS
CHAPTER THAT IS LAWFULLY OPERATED  BY  A  PRIVATE  CORPORATION,  LIMITED
LIABILITY  COMPANY,  REGISTERED  LIMITED LIABILITY PARTNERSHIP, OR OTHER
PRIVATE ENTITY; AN APPROVED PRIVATE NONRESIDENTIAL 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 THIS CHAPTER THAT OPERATES A PRIVATE SCHOOL FOR THE EDUCATION  OF
STUDENTS WITH DISABILITIES OR AN INSTITUTION FOR THE DEAF OR BLIND OPER-
ATING  PURSUANT  TO ARTICLE EIGHTY-FIVE OF THIS CHAPTER THAT EITHER: (1)
CONDUCTS A MULTI-DISCIPLINARY  EVALUATION    FOR  PURPOSES  OF  ARTICLES
EIGHTY-ONE  OR EIGHTY-NINE OF THIS CHAPTER THAT INVOLVES THE PRACTICE OF
ONE OR MORE PROFESSIONS FOR WHICH A LICENSE IS REQUIRED PURSUANT TO THIS
TITLE AND NO EXCEPTION FROM CORPORATE PRACTICE RESTRICTIONS APPLIES,  OR
(2)  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 TITLE AND NO EXCEPTION
FROM PRACTICE RESTRICTIONS APPLIES. SUCH TERM SHALL NOT INCLUDE A SCHOOL
DISTRICT, BOARD OF COOPERATIVE EDUCATIONAL SERVICES, MUNICIPALITY, STATE
AGENCY OR  OTHER  PUBLIC  ENTITY.  NOTHING  IN  THIS  SECTION  SHALL  BE
CONSTRUED  TO  REQUIRE  REGISTRATION  OF  A  CHILD CARE INSTITUTION THAT
CONDUCTS MULTI-DISCIPLINARY EVALUATIONS  OR  PROVIDES  RELATED  SERVICES

S. 4197                             4

THROUGH AN APPROVED PRIVATE NONRESIDENTIAL SCHOOL OPERATED BY SUCH CHILD
CARE  INSTITUTION,  PROVIDED  THAT SUCH SCHOOL IS REGISTERED PURSUANT TO
THIS SECTION.
  B.  "EARLY  INTERVENTION AGENCY" FOR PURPOSES OF THIS SECTION MEANS AN
AGENCY WHICH IS APPROVED OR IS SEEKING APPROVAL  BY  THE  DEPARTMENT  OF
HEALTH  IN  ACCORDANCE  WITH  TITLE  TWO-A OF ARTICLE TWENTY-FIVE OF THE
PUBLIC HEALTH LAW TO DELIVER EARLY INTERVENTION  PROGRAM  MULTIDISCIPLI-
NARY  EVALUATIONS,  SERVICE COORDINATION SERVICES AND EARLY INTERVENTION
PROGRAM SERVICES, AND IS LAWFULLY OPERATED BY  A  NOT-FOR-PROFIT  CORPO-
RATION,  PRIVATE  CORPORATION,  LIMITED  LIABILITY  COMPANY,  REGISTERED
LIMITED LIABILITY PARTNERSHIP, OR OTHER PRIVATE ENTITY.
  C. "EARLY INTERVENTION  PROGRAM  SERVICES"  MEANS  EARLY  INTERVENTION
SERVICES  AS DEFINED IN SUBDIVISION SEVEN OF SECTION TWENTY-FIVE HUNDRED
FORTY-ONE OF THE PUBLIC HEALTH LAW THAT ARE  PROVIDED  UNDER  THE  EARLY
INTERVENTION  PROGRAM  AND AUTHORIZED IN AN ELIGIBLE CHILD'S INDIVIDUAL-
IZED 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  THIS
CHAPTER  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 THIS CHAPTER OR BY AN INSTITUTION
FOR THE DEAF OR BLIND OPERATING PURSUANT TO ARTICLE EIGHTY-FIVE OF  THIS
CHAPTER  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 THIS CHAPTER
AND  THE  REGULATIONS OF THE COMMISSIONER FOR PURPOSES OF IDENTIFICATION
OF THE CHILD AS A CHILD WITH A DISABILITY OR THE DEVELOPMENT OF AN INDI-
VIDUALIZED 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 THE PUBLIC HEALTH LAW AND ITS  IMPLEMENTING  REGU-
LATIONS  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 THIS CHAPTER PROVIDED TO A
CHILD  WITH  A DISABILITY PURSUANT TO SUCH CHILD'S INDIVIDUALIZED EDUCA-
TION PROGRAM.
  2. REGISTRATION. A. NO SPECIAL EDUCATION SCHOOL MAY EMPLOY INDIVIDUALS
LICENSED PURSUANT TO THIS ARTICLE 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, AND NO SPECIAL EDUCATION SCHOOL MAY
PROVIDE  SUCH  AN  EVALUATION  COMPONENT OR RELATED SERVICES BY CONTRACT
WITH AN INDIVIDUAL LICENSED OR OTHERWISE AUTHORIZED TO PRACTICE PURSUANT
TO THIS ARTICLE OR  A  PROFESSIONAL  SERVICE  CORPORATION,  PROFESSIONAL
SERVICE LIMITED LIABILITY COMPANY, OR REGISTERED LIMITED LIABILITY PART-
NERSHIP  AUTHORIZED BY LAW TO PROVIDE PROFESSIONAL SERVICES, UNLESS SUCH
SCHOOL IS REGISTERED PURSUANT TO THIS  SECTION.  ALL  SPECIAL  EDUCATION
SCHOOLS  APPROVED  BY  THE COMMISSIONER AS OF THE EFFECTIVE DATE OF THIS

S. 4197                             5

SECTION SHALL BE DEEMED REGISTERED PURSUANT TO THIS SECTION FOR A PERIOD
COMMENCING ON SUCH EFFECTIVE DATE AND ENDING ON JULY FIRST, TWO THOUSAND
TEN.
  B.  NO  EARLY INTERVENTION AGENCY MAY EMPLOY OR CONTRACT WITH INDIVID-
UALS LICENSED PURSUANT TO THIS ARTICLE OR WITH  A  PROFESSIONAL  SERVICE
CORPORATION, PROFESSIONAL SERVICE LIMITED LIABILITY COMPANY, PARTNERSHIP
OR REGISTERED LIMITED LIABILITY PARTNERSHIP AUTHORIZED BY LAW TO PROVIDE
THE  APPLICABLE  PROFESSIONAL SERVICES, TO CONDUCT AN EARLY INTERVENTION
PROGRAM  MULTIDISCIPLINARY  EVALUATION,  PROVIDE  SERVICE   COORDINATION
SERVICES  OR  EARLY  INTERVENTION PROGRAM SERVICES UNLESS SUCH AGENCY IS
REGISTERED PURSUANT TO THIS SECTION AND APPROVED BY  THE  DEPARTMENT  OF
HEALTH  IN  ACCORDANCE  WITH  TITLE  TWO-A OF ARTICLE TWENTY-FIVE OF THE
PUBLIC HEALTH LAW AS AN EARLY INTERVENTION PROGRAM PROVIDER.  ALL  EARLY
INTERVENTION  AGENCIES  IN  EXISTENCE  AS  OF THE EFFECTIVE DATE OF THIS
SECTION SHALL BE DEEMED REGISTERED PURSUANT TO THIS SECTION FOR A PERIOD
COMMENCING ON SUCH EFFECTIVE DATE AND ENDING ON JULY FIRST, TWO THOUSAND
TEN. NOTHING IN THIS SECTION SHALL BE  CONSTRUED  TO  REQUIRE  AN  EARLY
INTERVENTION AGENCY TO REGISTER IN ACCORDANCE WITH THIS SECTION PROVIDED
THAT IT IS OTHERWISE AUTHORIZED BY LAW TO PROVIDE THE APPLICABLE PROFES-
SIONAL SERVICES.
  3.  OBTAINING  A  REGISTRATION.  A  SPECIAL EDUCATION SCHOOL AND EARLY
INTERVENTION AGENCY SHALL BE REGISTERED AS FOLLOWS:
  A. APPLICATION FOR REGISTRATION SHALL BE MADE ON A FORM PRESCRIBED  BY
THE DEPARTMENT.
  B.  THE APPLICATION FOR INITIAL REGISTRATION SHALL BE ACCOMPANIED BY A
FEE OF THREE HUNDRED FORTY-FIVE DOLLARS.
  4. RENEWAL OF REGISTRATION. ALL SPECIAL  EDUCATION  SCHOOL  AND  EARLY
INTERVENTION  AGENCY  REGISTRATIONS SHALL BE RENEWED ON DATES SET BY THE
DEPARTMENT. THE TRIENNIAL REGISTRATION FEE SHALL BE  TWO  HUNDRED  SIXTY
DOLLARS  OR A PRO-RATED PORTION THEREOF AS DETERMINED BY THE DEPARTMENT.
AN EARLY INTERVENTION AGENCY'S REGISTRATION SHALL NOT BE RENEWED  UNLESS
THE  AGENCY IS APPROVED TO PROVIDE EARLY INTERVENTION PROGRAM MULTI-DIS-
CIPLINARY  EVALUATIONS,  SERVICE  COORDINATION  OR  EARLY   INTERVENTION
PROGRAM  SERVICES  IN ACCORDANCE WITH TITLE TWO-A OF ARTICLE TWENTY-FIVE
OF THE PUBLIC HEALTH LAW.
   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. APPLICANT REGISTRATION. AN APPLICANT FOR REGISTRATION AS A  SPECIAL
EDUCATION  SCHOOL  OR  EARLY  INTERVENTION AGENCY 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 TO STOCKHOLDERS HAVING A TEN PERCENT  OR  GREATER  INTEREST  IN  THE
CORPORATION.
  7.  PROFESSIONAL  PRACTICE.  A. NOTWITHSTANDING ANY OTHER PROVISION OF
LAW TO THE CONTRARY, A REGISTERED SPECIAL EDUCATION  SCHOOL  MAY  EMPLOY
INDIVIDUALS  LICENSED OR OTHERWISE AUTHORIZED TO PRACTICE ANY PROFESSION
PURSUANT TO THIS ARTICLE TO CONDUCT COMPONENTS OF  A  MULTI-DISCIPLINARY
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 ARTICLE OR  A  PROFES-
SIONAL  SERVICE  CORPORATION,  PROFESSIONAL  SERVICE  LIMITED  LIABILITY

S. 4197                             6

COMPANY, PARTNERSHIP OR REGISTERED LIMITED LIABILITY PARTNERSHIP AUTHOR-
IZED BY LAW TO PROVIDE THE APPLICABLE PROFESSIONAL SERVICES.
  B.  NOTWITHSTANDING  ANY  OTHER  PROVISION  OF  LAW TO THE CONTRARY, A
REGISTERED EARLY INTERVENTION AGENCY THAT IS APPROVED IN ACCORDANCE WITH
TITLE TWO-A OF ARTICLE TWENTY-FIVE OF THE PUBLIC HEALTH LAW  MAY  EMPLOY
INDIVIDUALS  LICENSED OR OTHERWISE AUTHORIZED TO PRACTICE ANY PROFESSION
PURSUANT TO THIS ARTICLE OR WITH  A  PROFESSIONAL  SERVICE  CORPORATION,
PROFESSIONAL  SERVICE  LIMITED  LIABILITY COMPANY, PARTNERSHIP OR REGIS-
TERED LIMITED LIABILITY PARTNERSHIP AUTHORIZED TO CONDUCT  EARLY  INTER-
VENTION  PROGRAM MULTI-DISCIPLINARY EVALUATIONS, PROVIDE SERVICE COORDI-
NATION SERVICES AND EARLY INTERVENTION PROGRAM SERVICES.
  C. A REGISTERED SPECIAL EDUCATION SCHOOL OR EARLY INTERVENTION  AGENCY
SHALL  NOT  PRACTICE  ANY  PROFESSION LICENSED PURSUANT TO THIS TITLE OR
HOLD ITSELF OUT TO THE PUBLIC  AS  AUTHORIZED  TO  PROVIDE  PROFESSIONAL
SERVICES  PURSUANT TO THIS TITLE EXCEPT AS AUTHORIZED BY THIS SECTION OR
OTHERWISE AUTHORIZED BY LAW.
  8. SUPERVISION OF PROFESSIONAL PRACTICE. A SPECIAL EDUCATION SCHOOL OR
EARLY INTERVENTION AGENCY SHALL BE UNDER THE SUPERVISION OF THE  REGENTS
OF  THE  UNIVERSITY OF THE STATE OF NEW YORK AND THE DEPARTMENT PURSUANT
TO THIS TITLE AND BE SUBJECT TO DISCIPLINARY PROCEEDINGS  AND  PENALTIES
IN THE SAME MANNER AND TO THE SAME EXTENT AS IS PROVIDED WITH RESPECT TO
INDIVIDUALS  AND  THEIR LICENSES, CERTIFICATES, AND REGISTRATIONS IN THE
PROVISIONS OF THIS TITLE RELATING TO THE APPLICABLE PROFESSION, AND  THE
REGISTRATION  OF A SPECIAL EDUCATION SCHOOL OR EARLY INTERVENTION AGENCY
SHALL BE SUBJECT TO  SUSPENSION,  REVOCATION  OR  ANNULMENT  FOR  CAUSE.
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 INVOLVES THE PRACTICE
OF MEDICINE SHALL BE SUBJECT TO THE PRE-HEARING PROCEDURES  AND  HEARING
PROCEDURES  AS  IS  PROVIDED  WITH  RESPECT TO INDIVIDUAL PHYSICIANS AND
THEIR LICENSES IN TITLE TWO-A OF ARTICLE TWO OF THE PUBLIC  HEALTH  LAW.
NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, UPON REVOCA-
TION OR OTHER TERMINATION BY THE COMMISSIONER OF APPROVAL OF THE SPECIAL
EDUCATION SCHOOL PURSUANT TO ARTICLE EIGHTY-NINE OF THIS CHAPTER AND THE
REGULATIONS  OF  THE  COMMISSIONER  IMPLEMENTING  SUCH ARTICLE OR OF THE
EARLY INTERVENTION AGENCY BY THE  COMMISSIONER  OF  HEALTH  PURSUANT  TO
TITLE  TWO-A  OF ARTICLE TWENTY-FIVE OF THE PUBLIC HEALTH LAW AND IMPLE-
MENTING REGULATIONS, THE SCHOOL'S OR EARLY INTERVENTION AGENCY'S  REGIS-
TRATION PURSUANT TO THIS SECTION SHALL BE DEEMED REVOKED AND ANNULLED.
  S 5. This act shall take effect immediately.

2009-S4197A (ACTIVE) - Details

Current Committee:: Senate Higher Education
Laws Affected:: Rpld §4410 sub 6, amd §4410, add §6503-a, Ed L

2009-S4197A (ACTIVE) - Summary

Relates to the practice of licensed professions by special education schools and early intervention agencies and their employees.

2009-S4197A (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S4197A

 TITLE OF BILL :

An act to amend the education law, in relation to the practice of
licensed professions by special education schools and early
intervention agencies and their employees; and to repeal certain
provisions of such law relating thereto


 PURPOSE OF THE BILL :

The purpose of the bill is to reconcile the provisions of Title VIII
of the Education Law that prohibit corporate practice of certain
licensed professions and the provisions of Education Law §4410 and
other provisions of Article 89 of the Education Law that contemplate
that special education schools and providers be organized to provide
multi-disciplinary evaluations and all related services recommended on
the student's individualized education program, regardless of the
profession involved. The bill would also clarify that the exemptions
in the professions of psychology and speech-language pathology and
audiology that allow elementary and secondary schools to employ school
psychologists and teachers of the speech and hearing handicapped apply
to center-based preschool special education providers' services when
providing services on-site. The bill would similarly reconcile the
provisions of Title VIII of the Education Law that prohibit corporate

practice of certain licensed professions and the provisions of Title
2-A of Article 25 of the Public Health Law that contemplate that early
intervention agencies be organized to provide the full range of early
intervention program services.

 SUMMARY OF THE PROVISIONS OF THE BILL :

Section 1 would repeal §4410(6) relating to transition of children who
were in preschool programs pursuant to §236 of the Family Court Act
before July 1, 1989, and would add a new subdivision 6 to §4410 of
Education Law to resolve, in conjunction with sections 2 through 4 of
this bill, various conflicts between the provisions of §4410 on
preschool special education and the provisions of Title VIII of
Education Law on professional practice.

New §4410(6)(a) would provide that approved providers of preschool
special education that are registered as special education schools
under new §6503-a of Education Law would be authorized to employ
licensed professionals or contract with licensees or entities legally
authorized to provide professional services in accordance with
§6503-a. Without such registration, employment or contracting for
professional services in most licensed professions would conflict with
restrictions on corporate practice under Title VIII.

New §4410(6)(b) would clarify that an approved program may be formed
as an education corporation, or, with the consent of the Commissioner,
as a not-for-profit corporation, business corporation, or limited
liability company, or a group of appropriately licensed professionals
may be formed as a professional service limited.  liability company
(PLLC) or a registered limited liability partnership (RLLP) and if so
formed, may be authorized to provide special education itinerant
services or educational services, even though they are entities
ordinarily formed to provide professional services. In addition, such
an entity would be authorized to contract with other professionals or
entities authorized to provide professional services that the PLLC or
RLLP would not be authorized to provide directly, where such services
are rendered for the purposes of conducting a multi-disciplinary
evaluation or providing related services specified in the IEP of a
preschool child.

New §4410(6)(c) would clarify, without expanding, the current
exemption from the practice of speech-language pathology and audiology
in Education Law §8207(2) that applies to an approved 4410 provider
that is a center-based program, so they may employ a teacher of the
speech and hearing handicapped, for services rendered to students
enrolled in such center-based program. A center-based program is an
approved §4410 school that operates special education classes and/or
special education classes in an integrated facility-based setting. New
§4410(6)(d) would similarly clarify that the exemption from the
practice of psychology in Education Law §7605(1) would apply to an
approved 4410 provider that is a center-based program, so they may
employ a school psychologist for services rendered to students
enrolled in such center-based program.

Section 2 would amend paragraphs b and d of subdivision 9 of §441 0 of
Education Law to require that a provider of special services or
programs that relies on formal written agreements or affiliations with
appropriately certified or licensed professionals, or agencies
employing such professionals, certify as part of the program approval
application process that it will apply for and obtain registration
pursuant to §6503-a prior to providing evaluation services or related
services pursuant to such written agreements or affiliations.

Section 3 would amend §4410(9-a)(a) of Education Law to require that a
group of appropriately licensed or certified professionals must be
formed as a PLLC, foreign PLLC, RLLP or New York foreign RLLP to be
eligible for approval as an evaluator on and after July 1, 2009. The
bill also would provide that the approval of any groups of licensed or
certified professionals that are in existence on July 1, 2009 and
would not be eligible for approval thereafter would terminate on July
1, 2010.

Section 4 would add a new §6503-a to Education Law to provide for
registration of special education schools as corporate entities
authorized to provide a range of professional services relating to the
evaluation of students suspected of having a disability and the
delivery of related services to students with disabilities either
through licensees employed by the school or by contract with licensees
or other authorized entities. New §6503-a would also provide for
registration of early intervention agencies as corporate.  entities
authorized to provide a range of professional services relating to the
early intervention program for infants and toddlers with disabilities
from birth to 2. In return, such registered special education schools
and early intervention agencies would become subject to professional
discipline in the same manner as professional corporations, PLLCs and
other entities authorized to engage in the practice of a profession.
New §6503-a (1) would supply definitions of "special education
school," "early intervention agency," "early intervention program
services," "multidisciplinary evaluation" for both special education
schools and early intervention agencies, and "related services." A
"special education school" would include a §4410 approved provider,
approved private residential or non-residential school for the
education of students with disabilities (a "Chapter 853" school), and
a child care institution that operates a private school or an
institution for the deaf or blind ("4201 school") that conducts a
multidisciplinary evaluation or provides related services in one or
more licensed professions for which no exception from prohibitions
against corporate practice exists. New §6503-a(2) would prohibit
special education schools that are not registered from employing
licensed professionals or contracting with other entities to practice
a profession while conducting a multi-disciplinary evaluation or
providing related services to students with disabilities, unless an
exception to the corporate practice prohibition exists. "Early
intervention agency" would mean an agency as defined in title two-a of
article twenty-five of the public health law which is approved or is
seeking approval to deliver early intervention program
multidisciplinary evaluations, service coordination services and early
intervention program services, and is lawfully operated by a
not-for-profit corporation, private corporation, limited liability
company, registered limited liability partnership, or other private
entity. "Early intervention program services" would mean early
intervention services as defined in subdivision seven of section
twenty-five hundred forty-one of the public health law that are
provided under the early intervention program and authorized in an
eligible child's individualized family services plan.

All special education schools and early intervention agencies in
existence on the effective date of new §6503-a would be deemed
registered for a period of time commencing on the effective date and
ending on July 1, 2010, allowing them time to apply for and obtain
registration. New §6503-a (3) would contain the procedures for
registration, including an initial fee of $345, and provides where the
applicant simultaneously applies for approval as a special education
school and early intervention agency the total registration fee will
be $345. New §6503-a (4) would provide for registration renewal, with
a triennial fee of $260 and provides where the applicant
simultaneously renews its registration as a special education school
and early intervention agency, the total renewal fee will be $260. New
§6503-a (5) and (6) respectively would require notification of a
change in location and impose a good moral character requirement on
applicants. New §6503-a(7) would authorize registered special
education schools and early intervention agencies to employ licensed
professionals or contract with licensees or entities legally
authorized to practice the profession involved, solely for the purpose
of conducting a multi-disciplinary evaluation or providing related
services to students with disabilities. New .6503-a(8) would make
registered special education schools and early intervention agencies
subject to the supervision of the Board of Regents and the Department
relating to professional practice, including professional discipline.

Section 5 is the effective date.

 STATEMENT IN SUPPORT OF THE BILL :

This bill would add a new Education Law §6503-a and a new §4410(6) and
would amend §4410(9) and (9-a) to resolve .a series of conflicts
between the provisions of Article 89 of Education Law, particularly
§4410, as well as the provisions of Title 2-A of Article 25 of the
Public Health Law relating to early intervention programs, and the
provisions of Title VIII of Education Law that prohibit licensed
professionals from engaging in corporate practice in most professions,
particularly in an organization with licensees from other professions.
Education Law §6512 makes it a Class E felony for an unlicensed person
to practice a licensed profession or hold oneself out as being able to
practice a licensed profession. With certain exceptions, such as
speech-pathology and audiology, corporate practice (practice of a
profession by a corporation or other corporate entity) is generally
prohibited, particularly where multiple professions are involved.

Education Law §4410 requires that multidisciplinary evaluations be
conducted by approved programs, which are generally education
corporations, other not-for-profit corporations, or business
corporations, or groups of appropriately licensed professionals
associated with a public or private agency approved by the
Commissioner. It also gives the parent the right to select the
approved evaluator. However, §4410 is silent, as is the rest of
Article 89 of the Education Law, about how it relates to the ability
of approved programs to engage in corporate practice. A similar
problem exists for early intervention programs regulated by the
Department of Health pursuant to Title 2-A of Article 25 of the Public
Health Law, where corporations are conducting multi-disciplinary
evaluations and providing early intervention services to infants and
toddlers with disabilities. In the absence of specific language
exempting such special education schools and early intervention
agencies from the prohibitions against corporate professional
practice, both the schools, agencies, and many licensees are operating
in conflict with the laws relating to professional practice and are at
risk of prosecution, or in the case of the licensees, of professional
discipline.

It is imperative that action be taken to address this conflict in a
way that would preserve the ability of approved private schools, 4201
schools and approved preschool providers to continue to deliver
related services to students with disabilities and, where applicable,
conduct multi-disciplinary evaluations of students suspected of having
a disability, and that would preserve the ability of early
intervention agencies to conduct multi-disciplinary evaluations and
provide early intervention services to infants and toddlers with
disabilities. This bill would accomplish that goal, while striking a
balance that assures that the policies underlying the laws· regulating
the licensed professions are preserved. It would do so by authorizing
special education schools and early intervention agencies to employ
licensed professionals or contract for services from other licensees
or entities to conduct multi-disciplinary evaluations or deliver
related services to students enrolled in the school, provided that the
school or agency becomes registered under Education Law §6503-a and
thereby becomes subject to supervision by the Regents and the
Department under the law governing the professions and subject to
professional discipline. This would provide protection against
unlawful practice of the professions, while allowing the special
education schools and early intervention agencies to continue to
function without disruption. This bill would allow schools and early
intervention agencies to continue in their existing corporate form,
provided that they become registered under §6503-a.

New §4410(6) would also codify the Department's past interpretation of
Education Law §§8207(2) and 7605(1) that an approved center-based 4410
provider is a school indistinguishable from an elementary or secondary
school that is exempted from the practice of speech-language pathology
and audiology and psychology pursuant to those sections and is
authorized to employ teachers of the speech and hearing handicapped
and school psychologists to deliver speech and language and
psychological services, respectively.  Thus, this bill would maintain
the status quo and allow such providers to continue to deliver these
services to students enrolled in an approved center-based program
without employing or contracting with licensed psychologists or
licensed speech-language therapists, just as other approved
center-based 4410 providers who serve both preschool children and
students with disabilities of school age are clearly authorized to do
under any reasonable interpretation of §§8207(2) and 7605(1). If this
issue is not clarified, the result could be a disruption in services
to preschool students with disabilities, particularly where shortages
of licensed professionals exist.

 BUDGETARY IMPLICATIONS OF THE BILL :

This bill should not result in significant costs to the State or local
governments. The bill would require special education schools and
early intervention agencies obtaining a registration under §6503-a to
pay a fee of $345 and a triennial re-registration fee of $260, which
should defray the costs of implementation of the registration process.

 PRIOR LEGISLATIVE HISTORY :

This is a new bill. In 2007, similar legislation was introduced in the
Assembly as a portion of A.8682, which was reported to the Assembly
Education Committee and no further action was taken.

 EFFECTIVE DATE :
This act would take effect immediately. To prevent the disruption of
services in the middle of the school year, special education schools
and early intervention agencies will have until July 1, 2010 to comply
with the provisions of sections 3 and 4 relating to the approval and
registration of such schools with the Commissioner of Education.

2009-S4197A (ACTIVE) - Bill Text download pdf

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

                                 4197--A

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 16, 2009
                               ___________

Introduced  by  Sen.  STAVISKY  --  (at  request  of the State Education
  Department) -- read twice and ordered printed, and when printed to  be
  committed   to   the   Committee  on  Higher  Education  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN ACT to amend the education  law,  in  relation  to  the  practice  of
  licensed  professions  by  special  education schools and early inter-
  vention agencies and their employees; and to repeal certain provisions
  of such law relating thereto

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

  Section  1.  Subdivision  6  of  section  4410 of the education law is
REPEALED and a new subdivision 6 is added to read as follows:
  6. PROFESSIONAL PRACTICE ISSUES.  A.  APPROVED  PROGRAMS  OPERATED  BY
PRIVATE  PROVIDERS  SHALL  BE  SUBJECT  TO  REGISTRATION  TO  THE EXTENT
PROVIDED IN SECTION SIXTY-FIVE HUNDRED THREE-A OF THIS CHAPTER, AND,  IF
REQUIRED  TO  BE  REGISTERED,  SHALL  BE  AUTHORIZED  TO EMPLOY LICENSED
PROFESSIONALS OR CONTRACT WITH LICENSED PROFESSIONALS OR ENTITIES LEGAL-
LY AUTHORIZED TO PROVIDE PROFESSIONAL SERVICES IN ACCORDANCE  WITH  SUCH
SECTION SIXTY-FIVE HUNDRED THREE-A OF THIS CHAPTER.
  B.  AN APPROVED PROGRAM MAY BE FORMED AS AN EDUCATION CORPORATION, OR,
WITH THE CONSENT OF THE COMMISSIONER, AS A  NOT-FOR-PROFIT  CORPORATION,
BUSINESS  CORPORATION  OR  LIMITED  LIABILITY  COMPANY.  IN ADDITION, AN
APPROVED PROGRAM OR GROUP OF APPROPRIATELY LICENSED OR CERTIFIED PROFES-
SIONALS MAY BE FORMED AS A PROFESSIONAL SERVICE LIMITED LIABILITY COMPA-
NY OR AS A FOREIGN PROFESSIONAL SERVICE  LIMITED  LIABILITY  COMPANY  IN
ACCORDANCE  WITH THE APPLICABLE PROVISIONS OF ARTICLE TWELVE OR THIRTEEN
OF THE LIMITED LIABILITY COMPANY LAW OR AS A REGISTERED LIMITED  LIABIL-
ITY  PARTNERSHIP  IN ACCORDANCE WITH SECTION 121-1500 OF THE PARTNERSHIP
LAW OR AS A NEW YORK REGISTERED FOREIGN LIMITED LIABILITY PARTNERSHIP IN
ACCORDANCE WITH SECTION 121-1502 OF THE  PARTNERSHIP  LAW.  AN  APPROVED

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02397-05-9

S. 4197--A                          2

PROGRAM  FORMED AS SUCH A PROFESSIONAL SERVICE LIMITED LIABILITY COMPANY
OR REGISTERED LIMITED LIABILITY PARTNERSHIP MAY BE AUTHORIZED TO PROVIDE
SPECIAL EDUCATION ITINERANT SERVICES OR OTHER EDUCATIONAL  SERVICES  NOT
INVOLVING PRACTICE OF A PROFESSION UNDER TITLE EIGHT OF THIS CHAPTER. AN
APPROVED PROGRAM OR GROUP OF PROFESSIONALS FORMED AS SUCH A PROFESSIONAL
SERVICE  LIMITED LIABILITY COMPANY OR REGISTERED LIMITED LIABILITY PART-
NERSHIP MAY CONTRACT WITH INDIVIDUALS LICENSED OR  OTHERWISE  AUTHORIZED
TO PRACTICE, OR A PROFESSIONAL SERVICE CORPORATION, PARTNERSHIP OR OTHER
ENTITY  LEGALLY AUTHORIZED TO PRACTICE, ANY PROFESSION UNDER TITLE EIGHT
OF THIS CHAPTER IN WHICH THE COMPANY WOULD NOT BE AUTHORIZED TO  PROVIDE
PROFESSIONAL  SERVICES UNDER THE APPLICABLE PROVISIONS OF SECTION TWELVE
HUNDRED THREE OR SUBDIVISION (A) OF SECTION THIRTEEN HUNDRED ONE OF  THE
LIMITED  LIABILITY  COMPANY  LAW OR SECTIONS 121-1500 OR 121-1502 OF THE
PARTNERSHIP LAW, SOLELY FOR THE PURPOSES OF CONDUCTING A MULTI-DISCIPLI-
NARY EVALUATION OF A PRESCHOOL CHILD SUSPECTED OF HAVING A DISABILITY OR
A PRESCHOOL CHILD WITH A DISABILITY OR PROVIDING RELATED SERVICES SPECI-
FIED IN THE INDIVIDUALIZED EDUCATION PROGRAM OF A PRESCHOOL CHILD.
  C. NOTWITHSTANDING ANY OTHER PROVISION OF LAW  TO  THE  CONTRARY,  THE
EXEMPTION IN SUBDIVISION TWO OF SECTION EIGHTY-TWO HUNDRED SEVEN OF THIS
CHAPTER  SHALL  APPLY  TO  PERSONS  EMPLOYED  BY  A CENTER-BASED PROGRAM
APPROVED PURSUANT TO SUBDIVISION NINE OF THIS  SECTION  TO  PERFORM  THE
DUTIES  OF  A  SPEECH-LANGUAGE  PATHOLOGIST, AUDIOLOGIST, TEACHER OF THE
SPEECH AND HEARING IMPAIRED OR TEACHER OF THE DEAF TO STUDENTS  ENROLLED
IN SUCH APPROVED CENTER-BASED PROGRAM IN THE COURSE OF THEIR EMPLOYMENT.
  D.  NOTWITHSTANDING  ANY  OTHER  PROVISION OF LAW TO THE CONTRARY, THE
EXEMPTION IN SUBDIVISION ONE OF SECTION SEVENTY-SIX HUNDRED FIVE OF THIS
CHAPTER SHALL APPLY  TO  PERSONS  EMPLOYED  BY  A  CENTER-BASED  PROGRAM
APPROVED  PURSUANT  TO  SUBDIVISION  NINE  OF  THIS  SECTION AS A SCHOOL
PSYCHOLOGIST TO PROVIDE  ACTIVITIES,  SERVICES  AND  USE  OF  THE  TITLE
PSYCHOLOGIST  TO STUDENTS ENROLLED IN SUCH APPROVED CENTER-BASED PROGRAM
IN THE COURSE OF THEIR EMPLOYMENT.
  S 2. Paragraphs b and d of subdivision 9 of section 4410 of the educa-
tion law, as amended by chapter 705 of the laws of 1992, are amended  to
read as follows:
  b. As part of an application submitted pursuant to paragraph a of this
subdivision,  a  provider of special services or programs shall submit a
description of its  multi-disciplinary  evaluation  component,  if  any,
which shall be subject to the approval of the commissioner in accordance
with  regulations  adopted  for such purpose after consultation with the
appropriate advisory committee. Such components or program may  rely  in
part  on  formal  written  agreements or affiliations with appropriately
certified or licensed professionals, or agencies employing such  profes-
sionals,  provided  that  such  professionals  or agencies perform their
responsibilities in conformance with regulations of the commissioner and
that providers fully disclose any such arrangements on all  applications
for  program  approval, AND PROVIDED FURTHER THAT THE PROVIDER CERTIFIES
THAT IT SHALL APPLY FOR AND  OBTAIN  REGISTRATION  PURSUANT  TO  SECTION
SIXTY-FIVE HUNDRED THREE-A OF THIS CHAPTER PRIOR TO PROVIDING EVALUATION
SERVICES  PURSUANT  TO SUCH WRITTEN AGREEMENTS OR AFFILIATIONS.  Nothing
herein shall require a provider of special services or programs to  have
a multidisciplinary evaluation program.
  d.  Providers may make application to conduct a program that relies on
formal written agreements or affiliations with other  approved  programs
or appropriately certified or licensed professionals, provided that such
arrangements are fully disclosed on all applications to the commissioner
for  program  approval, AND PROVIDED FURTHER THAT THE PROVIDER CERTIFIES

S. 4197--A                          3

THAT IT SHALL APPLY FOR AND  OBTAIN  REGISTRATION  PURSUANT  TO  SECTION
SIXTY-FIVE  HUNDRED  THREE-A  OF THIS CHAPTER PRIOR TO PROVIDING RELATED
SERVICES PURSUANT TO ANY SUCH WRITTEN AGREEMENTS OR AFFILIATIONS INVOLV-
ING LICENSED PROFESSIONALS.
  S 3. Paragraph (a) of subdivision 9-a of section 4410 of the education
law,  as  added by chapter 82 of the laws of 1995, is amended to read as
follows:
  (a) A school district or a  group  of  appropriately  licensed  and/or
certified  professionals  associated with a public or private agency may
apply to the commissioner  for  approval  as  an  evaluator  on  a  form
prescribed  by  the  commissioner. The commissioner shall approve evalu-
ators pursuant to this subdivision consistent with the approval  process
for  the  multi-disciplinary  evaluation  component of programs approved
pursuant to subdivision nine of this section consistent with regulations
adopted pursuant to such subdivision.
  Such application shall include, but not be limited to,  a  description
of  the  multi-disciplinary  evaluation services proposed to be provided
and a demonstration that all agency employees and staff who provide such
evaluation services shall  have  appropriate  licensure  and/or  certif-
ication  and  that  the  individual  who  shall  have direct supervision
responsibilities over such staff shall  have  an  appropriate  level  of
experience  in  providing evaluation or services to preschool or kinder-
garten-aged children with [handicapping conditions] DISABILITIES. TO  BE
ELIGIBLE FOR APPROVAL AS AN EVALUATOR ON AND AFTER JULY FIRST, TWO THOU-
SAND  NINE, A GROUP OF APPROPRIATELY LICENSED OR CERTIFIED PROFESSIONALS
SHALL BE FORMED AS A PROFESSIONAL  SERVICE  LIMITED  LIABILITY  COMPANY,
FOREIGN  PROFESSIONAL  SERVICE  LIMITED  LIABILITY  COMPANY,  REGISTERED
LIMITED LIABILITY PARTNERSHIP OR NEW  YORK  FOREIGN  REGISTERED  LIMITED
LIABILITY  PARTNERSHIP. THE APPROVAL OF ANY GROUPS OF LICENSED OR CERTI-
FIED PROFESSIONALS THAT ARE IN EXISTENCE ON  JULY  FIRST,  TWO  THOUSAND
NINE  AND  WOULD NOT BE ELIGIBLE FOR APPROVAL THEREAFTER SHALL TERMINATE
ON JULY FIRST, TWO THOUSAND TEN.
  S 4. The education law is amended by adding a new  section  6503-a  to
read as follows:
  S 6503-A. REGISTRATION OF CERTAIN SPECIAL EDUCATION SCHOOLS. 1.  DEFI-
NITIONS. AS USED IN THIS SECTION:
  A.  "SPECIAL EDUCATION SCHOOL" MEANS AN APPROVED PROGRAM AS DEFINED IN
PARAGRAPH A OF SUBDIVISION ONE OF SECTION FORTY-FOUR HUNDRED TEN OF THIS
CHAPTER THAT IS LAWFULLY OPERATED  BY  A  PRIVATE  CORPORATION,  LIMITED
LIABILITY  COMPANY,  REGISTERED  LIMITED LIABILITY PARTNERSHIP, OR OTHER
PRIVATE ENTITY; AN APPROVED PRIVATE NONRESIDENTIAL 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 THIS CHAPTER THAT OPERATES A PRIVATE SCHOOL FOR THE EDUCATION  OF
STUDENTS WITH DISABILITIES OR AN INSTITUTION FOR THE DEAF OR BLIND OPER-
ATING  PURSUANT  TO ARTICLE EIGHTY-FIVE OF THIS CHAPTER THAT EITHER: (1)
CONDUCTS A MULTI-DISCIPLINARY  EVALUATION    FOR  PURPOSES  OF  ARTICLES
EIGHTY-ONE  OR EIGHTY-NINE OF THIS CHAPTER THAT INVOLVES THE PRACTICE OF
ONE OR MORE PROFESSIONS FOR WHICH A LICENSE IS REQUIRED PURSUANT TO THIS
TITLE AND NO EXCEPTION FROM CORPORATE PRACTICE RESTRICTIONS APPLIES,  OR
(2)  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 TITLE AND NO EXCEPTION
FROM PRACTICE RESTRICTIONS APPLIES. SUCH TERM SHALL NOT INCLUDE A SCHOOL
DISTRICT, BOARD OF COOPERATIVE EDUCATIONAL SERVICES, MUNICIPALITY, STATE
AGENCY OR  OTHER  PUBLIC  ENTITY.  NOTHING  IN  THIS  SECTION  SHALL  BE

S. 4197--A                          4

CONSTRUED  TO  REQUIRE  REGISTRATION  OF  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,  PROVIDED  THAT SUCH SCHOOL IS REGISTERED PURSUANT TO
THIS SECTION.
  B. "EARLY INTERVENTION AGENCY" FOR PURPOSES OF THIS SECTION  MEANS  AN
AGENCY WHICH IS APPROVED OR IS SEEKING APPROVAL IN ACCORDANCE WITH TITLE
TWO-A  OF  ARTICLE TWENTY-FIVE OF THE PUBLIC HEALTH LAW TO DELIVER EARLY
INTERVENTION PROGRAM MULTIDISCIPLINARY EVALUATIONS, SERVICE COORDINATION
SERVICES AND EARLY INTERVENTION PROGRAM SERVICES, AND IS LAWFULLY  OPER-
ATED  BY  A  NOT-FOR-PROFIT  CORPORATION,  PRIVATE  CORPORATION, LIMITED
LIABILITY COMPANY, REGISTERED LIMITED LIABILITY  PARTNERSHIP,  OR  OTHER
PRIVATE ENTITY.
  C.  "EARLY  INTERVENTION  PROGRAM  SERVICES"  MEANS EARLY INTERVENTION
SERVICES AS DEFINED IN SUBDIVISION SEVEN OF SECTION TWENTY-FIVE  HUNDRED
FORTY-ONE  OF  THE  PUBLIC  HEALTH LAW THAT ARE PROVIDED UNDER THE EARLY
INTERVENTION PROGRAM AND AUTHORIZED IN AN ELIGIBLE  CHILD'S  INDIVIDUAL-
IZED 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 THIS
CHAPTER 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 THIS CHAPTER OR BY AN  INSTITUTION
FOR  THE DEAF OR BLIND OPERATING PURSUANT TO ARTICLE EIGHTY-FIVE OF THIS
CHAPTER 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 THIS CHAPTER
AND THE REGULATIONS OF THE COMMISSIONER FOR PURPOSES  OF  IDENTIFICATION
OF THE CHILD AS A CHILD WITH A DISABILITY OR THE DEVELOPMENT OF AN INDI-
VIDUALIZED 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 THE PUBLIC HEALTH LAW AND ITS IMPLEMENTING REGU-
LATIONS 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 THIS CHAPTER PROVIDED TO A
CHILD WITH A DISABILITY PURSUANT TO SUCH CHILD'S  INDIVIDUALIZED  EDUCA-
TION PROGRAM.
  2. REGISTRATION. A. NO SPECIAL EDUCATION SCHOOL MAY EMPLOY INDIVIDUALS
LICENSED  PURSUANT TO THIS ARTICLE 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, AND NO SPECIAL EDUCATION SCHOOL MAY
PROVIDE SUCH AN EVALUATION COMPONENT OR  RELATED  SERVICES  BY  CONTRACT
WITH AN INDIVIDUAL LICENSED OR OTHERWISE AUTHORIZED TO PRACTICE PURSUANT
TO  THIS  ARTICLE  OR  A  PROFESSIONAL SERVICE CORPORATION, PROFESSIONAL
SERVICE LIMITED LIABILITY COMPANY, OR REGISTERED LIMITED LIABILITY PART-
NERSHIP AUTHORIZED BY LAW TO PROVIDE PROFESSIONAL SERVICES, UNLESS  SUCH

S. 4197--A                          5

SCHOOL  IS  REGISTERED  PURSUANT  TO THIS SECTION. ALL SPECIAL EDUCATION
SCHOOLS APPROVED BY THE COMMISSIONER AS OF THE EFFECTIVE  DATE  OF  THIS
SECTION SHALL BE DEEMED REGISTERED PURSUANT TO THIS SECTION FOR A PERIOD
COMMENCING ON SUCH EFFECTIVE DATE AND ENDING ON JULY FIRST, TWO THOUSAND
TEN.
  B.  NO  EARLY INTERVENTION AGENCY MAY EMPLOY OR CONTRACT WITH INDIVID-
UALS LICENSED PURSUANT TO THIS ARTICLE OR WITH  A  PROFESSIONAL  SERVICE
CORPORATION, PROFESSIONAL SERVICE LIMITED LIABILITY COMPANY, PARTNERSHIP
OR REGISTERED LIMITED LIABILITY PARTNERSHIP AUTHORIZED BY LAW TO PROVIDE
THE  APPLICABLE  PROFESSIONAL SERVICES, TO CONDUCT AN EARLY INTERVENTION
PROGRAM  MULTIDISCIPLINARY  EVALUATION,  PROVIDE  SERVICE   COORDINATION
SERVICES  OR  EARLY  INTERVENTION PROGRAM SERVICES UNLESS SUCH AGENCY IS
REGISTERED PURSUANT TO THIS SECTION  AND  APPROVED  IN  ACCORDANCE  WITH
TITLE  TWO-A OF ARTICLE TWENTY-FIVE OF THE PUBLIC HEALTH LAW AS AN EARLY
INTERVENTION PROGRAM PROVIDER. ALL EARLY INTERVENTION AGENCIES IN EXIST-
ENCE AS OF THE EFFECTIVE DATE OF THIS SECTION SHALL BE DEEMED REGISTERED
PURSUANT TO THIS SECTION FOR A PERIOD COMMENCING ON SUCH EFFECTIVE  DATE
AND  ENDING  ON  JULY  FIRST,  TWO THOUSAND TEN. NOTHING IN THIS SECTION
SHALL BE CONSTRUED TO REQUIRE AN EARLY INTERVENTION AGENCY  TO  REGISTER
IN ACCORDANCE WITH THIS SECTION PROVIDED THAT IT IS OTHERWISE AUTHORIZED
BY LAW TO PROVIDE THE APPLICABLE PROFESSIONAL SERVICES.
  3.  OBTAINING  A  REGISTRATION.  A  SPECIAL EDUCATION SCHOOL AND EARLY
INTERVENTION AGENCY SHALL BE REGISTERED AS FOLLOWS:
  A. APPLICATION FOR REGISTRATION SHALL BE MADE ON A FORM PRESCRIBED  BY
THE DEPARTMENT.
  B.  THE APPLICATION FOR INITIAL REGISTRATION SHALL BE ACCOMPANIED BY A
FEE OF THREE HUNDRED FORTY-FIVE DOLLARS.
  C. WHERE THE  APPLICANT  SIMULTANEOUSLY  APPLIES  FOR  APPROVAL  AS  A
SPECIAL  EDUCATION SCHOOL AND EARLY INTERVENTION AGENCY THE TOTAL REGIS-
TRATION FEE SHALL BE THREE HUNDRED FORTY-FIVE DOLLARS.
  4. RENEWAL OF REGISTRATION. A. ALL SPECIAL EDUCATION SCHOOL AND  EARLY
INTERVENTION  AGENCY  REGISTRATIONS SHALL BE RENEWED ON DATES SET BY THE
DEPARTMENT. THE TRIENNIAL REGISTRATION FEE SHALL BE  TWO  HUNDRED  SIXTY
DOLLARS  OR A PRO-RATED PORTION THEREOF AS DETERMINED BY THE DEPARTMENT.
AN EARLY INTERVENTION AGENCY'S REGISTRATION SHALL NOT BE RENEWED  UNLESS
THE  AGENCY IS APPROVED TO PROVIDE EARLY INTERVENTION PROGRAM MULTI-DIS-
CIPLINARY  EVALUATIONS,  SERVICE  COORDINATION  OR  EARLY   INTERVENTION
PROGRAM  SERVICES  IN ACCORDANCE WITH TITLE TWO-A OF ARTICLE TWENTY-FIVE
OF THE PUBLIC HEALTH LAW.
  B. WHERE THE APPLICANT SIMULTANEOUSLY RENEWS  ITS  REGISTRATION  AS  A
SPECIAL  EDUCATION  SCHOOL  AND  EARLY  INTERVENTION  AGENCY,  THE TOTAL
RENEWAL FEE SHALL BE TWO HUNDRED SIXTY DOLLARS.
  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. APPLICANT REGISTRATION. AN APPLICANT FOR REGISTRATION AS A  SPECIAL
EDUCATION  SCHOOL  OR  EARLY  INTERVENTION AGENCY 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 TO STOCKHOLDERS HAVING A TEN PERCENT  OR  GREATER  INTEREST  IN  THE
CORPORATION.
  7.  PROFESSIONAL  PRACTICE.  A. NOTWITHSTANDING ANY OTHER PROVISION OF
LAW TO THE CONTRARY, A REGISTERED SPECIAL EDUCATION  SCHOOL  MAY  EMPLOY
INDIVIDUALS  LICENSED OR OTHERWISE AUTHORIZED TO PRACTICE ANY PROFESSION

S. 4197--A                          6

PURSUANT TO THIS ARTICLE TO CONDUCT COMPONENTS OF  A  MULTI-DISCIPLINARY
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 ARTICLE OR A PROFES-
SIONAL  SERVICE  CORPORATION,  PROFESSIONAL  SERVICE  LIMITED  LIABILITY
COMPANY, PARTNERSHIP OR REGISTERED LIMITED LIABILITY PARTNERSHIP AUTHOR-
IZED BY LAW TO PROVIDE THE APPLICABLE PROFESSIONAL SERVICES.
  B.  NOTWITHSTANDING  ANY  OTHER  PROVISION  OF  LAW TO THE CONTRARY, A
REGISTERED EARLY INTERVENTION AGENCY THAT IS APPROVED IN ACCORDANCE WITH
TITLE TWO-A OF ARTICLE TWENTY-FIVE OF THE PUBLIC HEALTH LAW  MAY  EMPLOY
OR  CONTRACT  WITH INDIVIDUALS LICENSED OR OTHERWISE AUTHORIZED TO PRAC-
TICE ANY PROFESSION PURSUANT TO THIS  ARTICLE  OR  WITH  A  PROFESSIONAL
SERVICE  CORPORATION,  PROFESSIONAL  SERVICE  LIMITED LIABILITY COMPANY,
PARTNERSHIP OR REGISTERED LIMITED LIABILITY  PARTNERSHIP  AUTHORIZED  TO
CONDUCT   EARLY  INTERVENTION  PROGRAM  MULTI-DISCIPLINARY  EVALUATIONS,
PROVIDE SERVICE COORDINATION SERVICES  AND  EARLY  INTERVENTION  PROGRAM
SERVICES.
  C.  A REGISTERED SPECIAL EDUCATION SCHOOL OR EARLY INTERVENTION AGENCY
SHALL NOT PRACTICE ANY PROFESSION LICENSED PURSUANT  TO  THIS  TITLE  OR
HOLD  ITSELF  OUT  TO  THE  PUBLIC AS AUTHORIZED TO PROVIDE PROFESSIONAL
SERVICES PURSUANT TO THIS TITLE EXCEPT AS AUTHORIZED BY THIS SECTION  OR
OTHERWISE AUTHORIZED BY LAW.
  8. SUPERVISION OF PROFESSIONAL PRACTICE. A SPECIAL EDUCATION SCHOOL OR
EARLY  INTERVENTION AGENCY SHALL BE UNDER THE SUPERVISION OF THE REGENTS
OF THE UNIVERSITY OF THE STATE OF NEW YORK AND THE  DEPARTMENT  PURSUANT
TO  THIS  TITLE AND BE SUBJECT TO DISCIPLINARY PROCEEDINGS AND PENALTIES
IN THE SAME MANNER AND TO THE SAME EXTENT AS IS PROVIDED WITH RESPECT TO
INDIVIDUALS AND THEIR LICENSES, CERTIFICATES, AND REGISTRATIONS  IN  THE
PROVISIONS  OF THIS TITLE RELATING TO THE APPLICABLE PROFESSION, AND THE
REGISTRATION OF A SPECIAL EDUCATION SCHOOL OR EARLY INTERVENTION  AGENCY
SHALL  BE  SUBJECT  TO  SUSPENSION,  REVOCATION  OR ANNULMENT FOR CAUSE.
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 INVOLVES THE  PRACTICE
OF  MEDICINE  SHALL BE SUBJECT TO THE PRE-HEARING PROCEDURES AND HEARING
PROCEDURES AS IS PROVIDED WITH  RESPECT  TO  INDIVIDUAL  PHYSICIANS  AND
THEIR  LICENSES  IN TITLE TWO-A OF ARTICLE TWO OF THE PUBLIC HEALTH LAW.
NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, UPON REVOCA-
TION OR OTHER TERMINATION BY THE COMMISSIONER OF APPROVAL OF THE SPECIAL
EDUCATION SCHOOL PURSUANT TO ARTICLE EIGHTY-NINE OF THIS CHAPTER AND THE
REGULATIONS OF THE COMMISSIONER IMPLEMENTING  SUCH  ARTICLE  OR  OF  THE
EARLY INTERVENTION AGENCY PURSUANT TO TITLE TWO-A OF ARTICLE TWENTY-FIVE
OF  THE  PUBLIC HEALTH LAW AND IMPLEMENTING REGULATIONS, THE SCHOOL'S OR
EARLY INTERVENTION AGENCY'S REGISTRATION PURSUANT TO THIS SECTION  SHALL
BE DEEMED REVOKED AND ANNULLED.
  S 5. This act shall take effect immediately.

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Senate Bill S4197

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Archive: Last Bill Status - In Senate Committee Higher Education Committee

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Sponsored By

Toby Ann Stavisky

Archive: Last Bill Status - In Senate Committee Higher Education Committee

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