S T A T E   O F   N E W   Y O R K
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    S. 1803--A                                            A. 1937--A

                       2011-2012 Regular Sessions

                      S E N A T E - A S S E M B L Y

                            January 12, 2011
                               ___________

IN  SENATE  --  Introduced  by  Sens. LAVALLE, ADDABBO, AVELLA, BONACIC,
  DIAZ, LARKIN, SEWARD -- read  twice  and  ordered  printed,  and  when
  printed  to  be  committed  to  the  Committee  on Higher Education --
  reported favorably from said committee and committed to the  Committee
  on Finance -- committee discharged, bill amended, ordered reprinted as
  amended and recommitted to said committee

IN  ASSEMBLY -- Introduced by M. of A. HOYT, ORTIZ, ENGLEBRIGHT, CAHILL,
  CYMBROWITZ, N. RIVERA, McENENY, LENTOL,  BENEDETTO,  GUNTHER,  REILLY,
  BARRON,  CASTRO  --  Multi-Sponsored  by  --  M.   of A. ARROYO, BING,
  BOYLAND, BOYLE, BRENNAN, BUTLER, CALHOUN, CAMARA, CONTE, COOK, CUSICK,
  DINOWITZ, FARRELL, HEASTIE, HEVESI, JACOBS, LIFTON, LUPARDO, MOLINARO,
  PAULIN, PEOPLES-STOKES, PRETLOW, RAMOS, J. RIVERA, P. RIVERA, SCARBOR-
  OUGH, SCHIMEL, TITUS, WEISENBERG, WRIGHT, ZEBROWSKI -- read  once  and
  referred 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, 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01174-02-1
              

S. 1803--A                          2                         A. 1937--A

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.
        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 OF THIS TITLE APPLY TO THIS ARTICLE.
  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
THE  PROFESSION  OF NATUROPATHY UTILIZES EDUCATION AND NATURAL THERAPIES
TO SUPPORT AND STIMULATE A PATIENT'S INTRINSIC SELF-HEALING  PROCESS  TO
PROMOTE  WELLNESS  AND  TO PREVENT, DIAGNOSE, AND TREAT FOR HUMAN HEALTH
CONDITIONS CONSISTENT WITH NATUROPATHIC PRACTICE.
  S 6578. TITLE AND DESIGNATION.   ONLY A  PERSON  LICENSED  UNDER  THIS
ARTICLE  MAY  USE  ANY  OR  ALL  OF THE FOLLOWING TERMS, CONSISTENT WITH
ACADEMIC DEGREES EARNED: "DOCTOR OF NATUROPATHY", "DOCTOR OF NATUROPATH-
IC MEDICINE" OR  ITS  ABBREVIATION,  "ND",  "NATUROPATH",  "NATUROPATHIC
DOCTOR"  OR  "LICENSED NATUROPATH".   HOWEVER, NONE OF SUCH TERMS OR ANY
COMBINATION OF SUCH TERMS SHALL BE SO USED TO CONVEY THE IDEA  THAT  THE
INDIVIDUAL WHO USES SUCH TERM PRACTICES ANYTHING OTHER THAN NATUROPATHY.
  S  6579.  QUALIFICATIONS  FOR  LICENSURE.  TO QUALIFY FOR A LICENSE TO
PRACTICE NATUROPATHY, AN APPLICANT SHALL FULFILL THE FOLLOWING  REQUIRE-
MENTS:
  1. APPLICATION. FILE AN APPLICATION WITH THE DEPARTMENT;
  2.  EDUCATION. HAVE RECEIVED A DOCTORAL DEGREE OR DIPLOMA AS A NATURO-
PATHIC DOCTOR (ND) OR  DOCTOR  OF  NATUROPATHIC  MEDICINE  (ND)  FROM  A
PROGRAM  OF NATUROPATHIC MEDICINE REGISTERED BY THE DEPARTMENT OR DETER-
MINED BY THE DEPARTMENT THAT MEETS NATIONALLY  RECOGNIZED  ACCREDITATION
STANDARDS  SATISFACTORY  TO THE BOARD AND DETERMINED TO BE SUBSTANTIALLY
EQUIVALENT AND IN ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS;
  3. EXPERIENCE. AS OF THE YEAR TWO THOUSAND FIFTEEN, HAVE SATISFACTORI-
LY COMPLETED AN APPROVED CLINICAL POST-GRADUATE RESIDENCY  TRAINING,  OF
NOT  LESS THAN TWELVE MONTHS DURATION, UNDER THE DIRECT SUPERVISION OF A
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. 1803--A                          3                         A. 1937--A

  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 AT LEAST SIX LICENSED MEMBERS FROM THE  PROFESSION  LICENSED
PURSUANT  TO THIS ARTICLE AND AT LEAST TWO PUBLIC REPRESENTATIVES WHO DO
NOT HOLD INTERESTS IN THE ORGANIZATION, FINANCING, OR DELIVERY OF  NATU-
ROPATHIC  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  SEVENTY-NINE OF THIS ARTICLE AND SHALL HAVE RESIDED
IN THE STATE OF NEW YORK FOR AT LEAST TWO YEARS PRECEDING THEIR APPOINT-
MENT 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 FROM
AN APPROVED PROGRAM PRIOR TO NINETEEN HUNDRED EIGHTY-SEVEN.
  S  6583.  PROHIBITIONS. A NATUROPATH LICENSED UNDER THIS ARTICLE SHALL
NOT ENGAGE IN THE  FOLLOWING  ACTIVITIES  OR  SERVICES  WHICH  SHALL  BE
DEFINED  AS  PROFESSIONAL  MISCONDUCT  PURSUANT  TO  SECTION  SIXTY-FIVE
HUNDRED NINE OF THIS TITLE:
  1. PERFORM GENERAL SURGERY;
  2. PRACTICE OR CLAIM TO  PRACTICE  AS  A  MEDICAL  DOCTOR,  OSTEOPATH,
DENTIST,   PODIATRIST,   OPTOMETRIST,  PSYCHOLOGIST,  ADVANCED  PRACTICE
PROFESSIONAL NURSE, PHYSICIAN ASSISTANT, CHIROPRACTOR,  PHYSICAL  THERA-
PIST,  ACUPUNCTURIST,  MENTAL  HEALTH THERAPIST OR ANY OTHER HEALTH CARE
PROFESSIONAL NOT AUTHORIZED IN THIS CHAPTER;

S. 1803--A                          4                         A. 1937--A

  3. USE GENERAL OR SPINAL ANESTHETICS;
  4.   ADMINISTER   IONIZING   RADIOACTIVE  SUBSTANCES  FOR  THERAPEUTIC
PURPOSES;
  5. USE ELECTRICAL SHOCK THERAPY;
  6. USE ELECTROMYOGRAPHY (EMG);
  7. PRACTICE PSYCHOTHERAPY; OR
  8. SET FRACTURES.
  S 6584. MANDATORY CONTINUING COMPETENCY. 1. A. EACH  LICENSED  NATURO-
PATH  REQUIRED  UNDER  THIS  ARTICLE  TO  REGISTER  TRIENNIALLY WITH THE
DEPARTMENT TO PRACTICE IN THE STATE SHALL COMPLY WITH THE PROVISIONS  OF
THE  MANDATORY CONTINUING COMPETENCY REQUIREMENTS PRESCRIBED IN SUBDIVI-
SION TWO OF THIS SECTION, EXCEPT AS PROVIDED IN PARAGRAPHS B  AND  C  OF
THIS  SUBDIVISION. LICENSED NATUROPATHS WHO DO NOT SATISFY THE MANDATORY
CONTINUING COMPETENCY REQUIREMENTS SHALL NOT BE AUTHORIZED  TO  PRACTICE
UNTIL  THEY  HAVE  MET  SUCH  REQUIREMENTS,  AND THEY HAVE BEEN ISSUED A
REGISTRATION CERTIFICATE, EXCEPT THAT A LICENSED NATUROPATH MAY PRACTICE
WITHOUT HAVING MET SUCH REQUIREMENTS IF HE OR SHE  IS  ISSUED  A  CONDI-
TIONAL REGISTRATION PURSUANT TO SUBDIVISION THREE OF THIS SECTION.
  B.  ADJUSTMENT TO THE MANDATORY CONTINUING COMPETENCY REQUIREMENTS MAY
BE GRANTED BY THE DEPARTMENT FOR REASONS OF HEALTH OF THE LICENSEE WHERE
CERTIFIED BY AN  APPROPRIATE  HEALTH  CARE  PROFESSIONAL,  FOR  EXTENDED
ACTIVE  DUTY  WITH  THE  ARMED FORCES OF THE UNITED STATES, OR FOR OTHER
GOOD CAUSE ACCEPTABLE TO THE DEPARTMENT WHICH MAY PREVENT COMPLIANCE.
  C. A LICENSED NATUROPATH NOT ENGAGED IN PRACTICE, AS DETERMINED BY THE
DEPARTMENT, SHALL BE EXEMPT FROM  THE  MANDATORY  CONTINUING  COMPETENCY
REQUIREMENT UPON THE FILING OF A STATEMENT WITH THE DEPARTMENT DECLARING
SUCH  STATUS. ANY LICENSEE WHO RETURNS TO THE PRACTICE OF LICENSED NATU-
ROPATH DURING THE TRIENNIAL REGISTRATION PERIOD SHALL NOTIFY THE DEPART-
MENT PRIOR TO REENTERING THE PROFESSION AND SHALL  MEET  SUCH  MANDATORY
CONTINUING COMPETENCY REQUIREMENTS AS SHALL BE PRESCRIBED BY REGULATIONS
OF THE COMMISSIONER.
  2.  A.  DURING  EACH  TRIENNIAL  REGISTRATION  PERIOD AN APPLICANT FOR
REGISTRATION AS A LICENSED NATUROPATH SHALL COMPLETE A MINIMUM OF  THIR-
TY-SIX  HOURS  OF  LEARNING  ACTIVITIES  WHICH  CONTRIBUTE TO CONTINUING
COMPETENCE, AS SPECIFIED IN SUBDIVISION FOUR OF THIS  SECTION,  PROVIDED
FURTHER  THAT  AT  LEAST  TWENTY-FOUR  HOURS  SHALL BE IN AREAS OF STUDY
PERTINENT TO THE SCOPE OF PRACTICE OF NATUROPATHY.   WITH THE  EXCEPTION
OF CONTINUING EDUCATION HOURS TAKEN DURING THE REGISTRATION PERIOD IMME-
DIATELY  PRECEDING THE EFFECTIVE DATE OF THIS SECTION, CONTINUING EDUCA-
TION HOURS TAKEN DURING ONE TRIENNIUM MAY NOT BE TRANSFERRED TO A SUBSE-
QUENT TRIENNIUM.
  B. ANY LICENSED NATUROPATH WHOSE FIRST REGISTRATION DATE FOLLOWING THE
EFFECTIVE DATE OF THIS SECTION OCCURS LESS THAN THREE  YEARS  FROM  SUCH
EFFECTIVE DATE, SHALL COMPLETE CONTINUING COMPETENCY HOURS ON A PRORATED
BASIS  AT  THE  RATE OF ONE-HALF HOUR PER MONTH FOR THE PERIOD BEGINNING
JANUARY FIRST, TWO THOUSAND TWELVE, UP TO THE FIRST REGISTRATION DATE.
  C. THEREAFTER, A LICENSEE WHO HAS NOT SATISFIED THE MANDATORY CONTINU-
ING COMPETENCY REQUIREMENTS SHALL NOT BE ISSUED A TRIENNIAL REGISTRATION
CERTIFICATE BY THE DEPARTMENT AND SHALL NOT PRACTICE UNLESS AND UNTIL  A
CONDITIONAL REGISTRATION CERTIFICATE IS ISSUED AS PROVIDED FOR IN SUBDI-
VISION THREE OF THIS SECTION.
  3.  THE  DEPARTMENT, IN ITS DISCRETION, MAY ISSUE A CONDITIONAL REGIS-
TRATION TO A LICENSEE  WHO  FAILS  TO  MEET  THE  CONTINUING  COMPETENCY
REQUIREMENTS  ESTABLISHED  IN  SUBDIVISION  TWO OF THIS SECTION, BUT WHO
AGREES TO MAKE UP ANY DEFICIENCIES AND COMPLETE ANY ADDITIONAL  LEARNING
ACTIVITIES WHICH THE DEPARTMENT MAY REQUIRE.

S. 1803--A                          5                         A. 1937--A

  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:
  (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 dental services as such services are defined
in article 133 of the education law, each member of such limited liabil-
ity company must be licensed pursuant to article 133  of  the  education

S. 1803--A                          6                         A. 1937--A

law  to practice dentistry in this state. With respect to a professional
service limited liability company formed to provide veterinary  services
as  such  services are defined in article 135 of the education law, each
member  of  such  limited liability company must be licensed pursuant to
article 135 of the education law to practice veterinary medicine in this
state. With respect to a professional service limited liability  company
formed  to  provide  professional engineering, land surveying, architec-
tural 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 professional service limited liability company  formed
to  provide  creative arts therapy services as such services are defined
in article 163 of the education law, each member of such limited liabil-
ity company must be licensed pursuant to article 163  of  the  education
law  to  practice creative arts therapy in this state. With respect to a
professional  service  limited  liability  company  formed  to   provide
marriage  and  family  therapy  services as such services are defined in
article 163 of the education law, each member of such limited  liability
company must be licensed pursuant to article 163 of the education law to
practice  marriage  and  family therapy in this state. With respect to a
professional service limited liability company formed to provide  mental
health  counseling  services as such services are defined in article 163
of the education law, each member of such limited liability company must
be licensed pursuant to article 163 of the  education  law  to  practice
mental  health  counseling in this state. With respect to a professional
service limited  liability  company  formed  to  provide  psychoanalysis
services  as  such  services are defined in article 163 of the education
law, each member of such limited  liability  company  must  be  licensed
pursuant  to article 163 of the education law to practice psychoanalysis
in this state.  WITH RESPECT TO A PROFESSIONAL SERVICE LIMITED LIABILITY
COMPANY FORMED TO PROVIDE 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. In addition to
engaging in such  profession  or  professions,  a  professional  service
limited liability company may engage in any other business or activities
as  to which a limited liability company may be formed under section two
hundred one of this chapter.   Notwithstanding any  other  provision  of
this  section,  a  professional  service  limited  liability company (i)
authorized to practice law may only  engage  in  another  profession  or
business or activities or (ii) which is engaged in a profession or other
business or activities other than law may only engage in the practice of
law,  to the extent not prohibited by any other law of this state or any
rule adopted by the appropriate appellate division of the supreme  court
or the court of appeals.
  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:

S. 1803--A                          7                         A. 1937--A

  (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  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 veter-
inary 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 professional service limited liability company formed
to provide creative arts therapy services as such services  are  defined
in article 163 of the education law, each member of such limited liabil-
ity  company  must  be licensed pursuant to article 163 of the education
law to practice creative arts therapy in this state. With respect  to  a
professional   service  limited  liability  company  formed  to  provide
marriage and family therapy services as such  services  are  defined  in
article  163 of the education law, each member of such limited liability
company must be licensed pursuant to article 163 of the education law to
practice marriage and family therapy in this state. With  respect  to  a
professional  service limited liability company formed to provide mental
health counseling services as such services are defined in  article  163
of the education law, each member of such limited liability company must
be  licensed  pursuant  to  article 163 of the education law to practice
mental health counseling in this state. With respect to  a  professional
service  limited  liability  company  formed  to  provide psychoanalysis
services as such services are defined in article 163  of  the  education
law,  each  member  of  such  limited liability company must be licensed
pursuant to article 163 of the education law to practice  psychoanalysis
in this state.  WITH RESPECT TO A PROFESSIONAL SERVICE LIMITED LIABILITY
COMPANY  FORMED  TO  PROVIDE  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.
  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-

S. 1803--A                          8                         A. 1937--A

sional  authorized  by  law to render a professional service within this
state and who is or has been engaged in the practice of such  profession
in  such professional service limited liability company or a predecessor
entity, or will engage in the practice of such profession in the profes-
sional  service limited liability company within thirty days of the date
such professional becomes a member, or each of whose members and  manag-
ers,  if  any, is a professional at least one of such members is author-
ized by law to render a professional service within this state  and  who
is  or  has  been  engaged  in  the  practice of such profession in such
professional service limited liability company or a predecessor  entity,
or  will  engage  in the practice of such profession in the professional
service limited liability company within thirty days of  the  date  such
professional  becomes  a  member,  or  (ii)  authorized by, or holding a
license, certificate, registration or permit  issued  by  the  licensing
authority  pursuant  to,  the  education  law  to  render a professional
service within this state; except that all members and managers, if any,
of  a  foreign  professional  service  limited  liability  company  that
provides  health services in this state shall be licensed in this state.
With respect to a foreign professional service limited liability company
which provides veterinary services as such services are defined in arti-
cle 135 of the education law, each member of such  foreign  professional
service  limited liability company shall be licensed pursuant to article
135 of the education law to practice veterinary medicine.  With  respect
to  a  foreign  professional  service  limited  liability  company which
provides medical services as such services are defined in article 131 of
the education law, each member  of  such  foreign  professional  service
limited  liability  company  must be licensed pursuant to article 131 of
the education law to practice medicine in this state.  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 educa-
tion  law to practice dentistry in this state. With respect to a foreign
professional service limited liability company  which  provides  profes-
sional  engineering,  land  surveying,  architectural  and/or  landscape
architectural services as such services  are  defined  in  article  145,
article  147  and  article 148 of the education law, each member of such
foreign professional service limited liability company must be  licensed
pursuant to article 145, article 147 and/or article 148 of the education
law  to  practice  one  or  more of such professions in this state. With
respect to a foreign  professional  service  limited  liability  company
which  provides  licensed clinical social work services as such services
are defined in article 154 of the education law,  each  member  of  such
foreign professional service limited liability company shall be licensed
pursuant to article 154 of the education law to practice clinical social
work  in  this  state.  With  respect  to a foreign professional service
limited liability company which provides creative arts therapy  services
as  such  services are defined in article 163 of the education law, each
member of such foreign professional service  limited  liability  company
must  be  licensed pursuant to article 163 of the education law to prac-
tice 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 practice marriage and family therapy in this state.

S. 1803--A                          9                         A. 1937--A

With respect to a foreign professional service limited liability company
which  provides  mental  health counseling services as such services are
defined in article 163 of the education law, each member of such foreign
professional service limited liability company must be licensed pursuant
to article 163 of the education law to practice mental health counseling
in  this  state.  With respect to a foreign professional service limited
liability  company  which  provides  psychoanalysis  services  as   such
services are defined in article 163 of the education law, each member of
such  foreign  professional  service  limited  liability company must be
licensed pursuant to article  163  of  the  education  law  to  practice
psychoanalysis  in  this state.   WITH RESPECT TO A FOREIGN PROFESSIONAL
SERVICE  LIMITED  LIABILITY  COMPANY  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.
  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
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
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.  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.
  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:

S. 1803--A                         10                         A. 1937--A

  (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 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. 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.
  S 8. Paragraph (a) of subdivision 1  of  section  413  of  the  social
services  law, as separately amended by chapters 323 and 366 of the laws
of 2008, 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
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

S. 1803--A                         11                         A. 1937--A

required  to  hold  a teaching or administrative license or certificate;
social services worker; day care center worker;  school-age  child  care
worker;  provider of family or group family day care; employee or volun-
teer  in  a  residential  care  facility  defined in subdivision four of
section four hundred twelve-a of this title or any other child  care  or
foster  care worker; mental health professional; substance abuse counse-
lor; 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 one hundred eightieth day after
it  shall have become a law; provided however, that effective immediate-
ly, 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.

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

    S. 1803--B                                            A. 1937--B

                       2011-2012 Regular Sessions

                      S E N A T E - A S S E M B L Y

                            January 12, 2011
                               ___________

IN  SENATE  --  Introduced  by  Sens. LAVALLE, ADDABBO, AVELLA, BONACIC,
  DIAZ, LARKIN, MAZIARZ -- read twice  and  ordered  printed,  and  when
  printed  to  be  committed  to  the  Committee  on Higher Education --
  reported favorably from said committee and committed to the  Committee
  on Finance -- committee discharged, bill amended, ordered reprinted as
  amended  and  recommitted  to  said committee -- committee discharged,
  bill amended, ordered reprinted as amended  and  recommitted  to  said
  committee

IN  ASSEMBLY -- Introduced by M. of A. HOYT, ORTIZ, ENGLEBRIGHT, CAHILL,
  CYMBROWITZ, N. RIVERA, McENENY, LENTOL,  BENEDETTO,  GUNTHER,  REILLY,
  BARRON,  CASTRO  --  Multi-Sponsored  by  --  M.   of A. ARROYO, BING,
  BOYLAND, BOYLE, BRENNAN, BUTLER, CALHOUN, CAMARA, CONTE, COOK, CUSICK,
  DINOWITZ, FARRELL, HEASTIE, HEVESI, JACOBS, LIFTON, LOSQUADRO,  LUPAR-
  DO,  MOLINARO,  PAULIN,  PEOPLES-STOKES,  PRETLOW,  RAMOS,  J. RIVERA,
  P. RIVERA, SCARBOROUGH, SCHIMEL, TITUS, WEISENBERG, WRIGHT,  ZEBROWSKI
  --  read  once  and  referred  to the Committee on Higher Education --
  committee discharged, bill amended, ordered reprinted as  amended  and
  recommitted  to  said  committee -- again reported from said committee
  with amendments, ordered reprinted as amended and recommitted to  said
  committee

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-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01174-03-1
              

S. 1803--B                          2                         A. 1937--B

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.
        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 OF THIS TITLE APPLY TO THIS ARTICLE.
  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 CERTIFIED NATUROPATHY PRACTITIONER INVOLVES THE APPLI-
CATION OF NON-PHARMACEUTICAL AND NON-SURGICAL TREATMENTS, WHICH  COMPLE-
MENT 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 CERTIFIED NATURO-
PATHY PRACTITIONER 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 AS DEFINED AND APPROVED BY THE FEDERAL FOOD AND
DRUG ADMINISTRATION; COUNSELING  AND  EDUCATION  ON  LIFESTYLE  CHANGES;
HOMEOPATHY; HYDROTHERAPY, MANIPULATION AND MOBILIZATION; EXERCISE THERA-
PY  AND  MIND-BODY  THERAPIES  SUCH  AS YOGA AND MEDITATION (A CONSCIOUS
MENTAL PROCESS USING CERTAIN TECHNIQUES, SUCH AS FOCUSING  ATTENTION  OR
MAINTAINING  A  SPECIFIC  POSTURE  TO SUSPEND THE STREAM OF THOUGHTS AND
RELAX THE BODY AND MIND). A PHYSICIAN MUST AT ALL  TIMES  SUPERVISE  THE
PRACTICE OF A CERTIFIED 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;

S. 1803--B                          3                         A. 1937--B

  2. EDUCATION. HAVE RECEIVED A DOCTORAL DEGREE OR DIPLOMA AS A  NATURO-
PATHIC  DOCTOR  (ND)  OR  DOCTOR  OF  NATUROPATHIC  MEDICINE (ND) FROM A
PROGRAM OF NATUROPATHIC MEDICINE REGISTERED BY THE DEPARTMENT OR  DETER-
MINED  BY  THE DEPARTMENT THAT MEETS NATIONALLY RECOGNIZED ACCREDITATION
STANDARDS  SATISFACTORY  TO THE BOARD AND DETERMINED TO BE SUBSTANTIALLY
EQUIVALENT AND IN ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS;
  3. EXPERIENCE. AS OF THE YEAR TWO THOUSAND FIFTEEN, HAVE SATISFACTORI-
LY COMPLETED AN APPROVED CLINICAL POST-GRADUATE RESIDENCY  TRAINING,  OF
NOT  LESS THAN TWELVE MONTHS DURATION, UNDER THE DIRECT SUPERVISION OF A
GRADUATE OF AN APPROVED PROGRAM WITH A MINIMUM OF TWO YEARS  OF  PROFES-
SIONAL CLINICAL ACTIVITY AND IN ACCORDANCE WITH THE COMMISSIONER'S REGU-
LATIONS;
  4.  EXAMINATION.  PASS AN EXAMINATION THAT MEETS NATIONALLY RECOGNIZED
TEST  DEVELOPMENT  STANDARDS  AND  TEST  COMPETENCIES  FOR  NATUROPATHIC
DOCTORS SATISFACTORY TO THE BOARD AND IN ACCORDANCE WITH THE COMMISSION-
ER'S REGULATIONS;
  5. AGE. BE AT LEAST TWENTY-ONE YEARS OF AGE;
  6.  CHARACTER. BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE DEPART-
MENT; AND
  7. FEES. PAY A FEE OF THREE HUNDRED FIFTY DOLLARS  TO  THE  DEPARTMENT
FOR AN INITIAL LICENSE AND A FEE OF FIVE HUNDRED DOLLARS FOR EACH TRIEN-
NIAL REGISTRATION PERIOD.
  S  6580.  STATE  BOARD  FOR NATUROPATHY. A STATE BOARD FOR NATUROPATHY
SHALL BE APPOINTED BY THE BOARD OF REGENTS ON THE RECOMMENDATION OF  THE
COMMISSIONER  FOR  THE PURPOSE OF ASSISTING THE BOARD OF REGENTS AND THE
DEPARTMENT ON MATTERS OF LICENSING AND REGULATION. THE  BOARD  SHALL  BE
COMPOSED  OF  AT LEAST SIX LICENSED MEMBERS FROM THE PROFESSION LICENSED
PURSUANT TO THIS ARTICLE AND AT LEAST TWO PUBLIC REPRESENTATIVES WHO  DO
NOT  HOLD INTERESTS IN THE ORGANIZATION, FINANCING, OR DELIVERY OF NATU-
ROPATHIC 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 SEVENTY-NINE OF THIS ARTICLE AND SHALL  HAVE  RESIDED
IN THE STATE OF NEW YORK FOR AT LEAST TWO YEARS PRECEDING THEIR APPOINT-
MENT  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. 1803--B                          4                         A. 1937--B

  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 FROM
AN APPROVED PROGRAM PRIOR TO NINETEEN HUNDRED EIGHTY-SEVEN.
  S 6583.  PROHIBITIONS. A NATUROPATHY PRACTITIONER CERTIFIED UNDER THIS
ARTICLE SHALL BE PROHIBITED FROM:
  1. PRESCRIBING OR ADMINISTERING DRUGS AS DEFINED IN THIS CHAPTER AS  A
TREATMENT,  THERAPY OR PROFESSIONAL SERVICE IN THE PRACTICE OF NATUROPA-
THY; AND
  2. USING INVASIVE PROCEDURES IN TESTING OR AS A TREATMENT, THERAPY, OR
PROFESSIONAL SERVICE IN THE PRACTICE OF  NATUROPATHY.  FOR  PURPOSES  OF
THIS  SUBDIVISION,  "INVASIVE  PROCEDURE"  MEANS  ANY PROCEDURE IN WHICH
HUMAN TISSUE IS CUT, ALTERED, OR OTHERWISE INFILTRATED BY MECHANICAL  OR
OTHER  MEANS. 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

S. 1803--B                          5                         A. 1937--B

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

S. 1803--B                          6                         A. 1937--B

  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:
  (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 dental services as such services  are  defined
in article 133 of the education law, each member of such limited liabil-
ity  company  must  be licensed pursuant to article 133 of the education
law to practice dentistry in this state. With respect to a  professional
service  limited liability company formed to provide veterinary services
as such services are defined in article 135 of the education  law,  each
member  of  such  limited liability company must be licensed pursuant to
article 135 of the education law to practice veterinary medicine in this
state. With respect to a professional service limited liability  company
formed  to  provide  professional engineering, land surveying, architec-
tural 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 professional service limited liability company  formed
to  provide  creative arts therapy services as such services are defined
in article 163 of the education law, each member of such limited liabil-
ity company must be licensed pursuant to article 163  of  the  education
law  to  practice creative arts therapy in this state. With respect to a
professional  service  limited  liability  company  formed  to   provide
marriage  and  family  therapy  services as such services are defined in
article 163 of the education law, each member of such limited  liability

S. 1803--B                          7                         A. 1937--B

company must be licensed pursuant to article 163 of the education law to
practice  marriage  and  family therapy in this state. With respect to a
professional service limited liability company formed to provide  mental
health  counseling  services as such services are defined in article 163
of the education law, each member of such limited liability company must
be licensed pursuant to article 163 of the  education  law  to  practice
mental  health  counseling in this state. With respect to a professional
service limited  liability  company  formed  to  provide  psychoanalysis
services  as  such  services are defined in article 163 of the education
law, each member of such limited  liability  company  must  be  licensed
pursuant  to article 163 of the education law to practice psychoanalysis
in this state.  WITH RESPECT TO A PROFESSIONAL SERVICE LIMITED LIABILITY
COMPANY FORMED TO PROVIDE 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. In addition to
engaging in such  profession  or  professions,  a  professional  service
limited liability company may engage in any other business or activities
as  to which a limited liability company may be formed under section two
hundred one of this chapter.   Notwithstanding any  other  provision  of
this  section,  a  professional  service  limited  liability company (i)
authorized to practice law may only  engage  in  another  profession  or
business or activities or (ii) which is engaged in a profession or other
business or activities other than law may only engage in the practice of
law,  to the extent not prohibited by any other law of this state or any
rule adopted by the appropriate appellate division of the supreme  court
or the court of appeals.
  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  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 veter-
inary 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 professional service limited liability company formed

S. 1803--B                          8                         A. 1937--B

to provide creative arts therapy services as such services  are  defined
in article 163 of the education law, each member of such limited liabil-
ity  company  must  be licensed pursuant to article 163 of the education
law  to  practice creative arts therapy in this state. With respect to a
professional  service  limited  liability  company  formed  to   provide
marriage  and  family  therapy  services as such services are defined in
article 163 of the education law, each member of such limited  liability
company must be licensed pursuant to article 163 of the education law to
practice  marriage  and  family therapy in this state. With respect to a
professional service limited liability company formed to provide  mental
health  counseling  services as such services are defined in article 163
of the education law, each member of such limited liability company must
be licensed pursuant to article 163 of the  education  law  to  practice
mental  health  counseling in this state. With respect to a professional
service limited  liability  company  formed  to  provide  psychoanalysis
services  as  such  services are defined in article 163 of the education
law, each member of such limited  liability  company  must  be  licensed
pursuant  to article 163 of the education law to practice psychoanalysis
in this state.  WITH RESPECT TO A PROFESSIONAL SERVICE LIMITED LIABILITY
COMPANY FORMED TO PROVIDE 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.
  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
which provides veterinary services as such services are defined in arti-
cle 135 of the education law, each member of such  foreign  professional
service  limited liability company shall be licensed pursuant to article
135 of the education law to practice veterinary medicine.  With  respect
to  a  foreign  professional  service  limited  liability  company which
provides medical services as such services are defined in article 131 of
the education law, each member  of  such  foreign  professional  service

S. 1803--B                          9                         A. 1937--B

limited  liability  company  must be licensed pursuant to article 131 of
the education law to practice medicine in this state.  With respect to a
foreign professional service limited liability  company  which  provides
dental  services  as  such  services  are  defined in article 133 of the
education law, each member of such foreign professional service  limited
liability company must be licensed pursuant to article 133 of the educa-
tion  law to practice dentistry in this state. With respect to a foreign
professional service limited liability company  which  provides  profes-
sional  engineering,  land  surveying,  architectural  and/or  landscape
architectural services as such services  are  defined  in  article  145,
article  147  and  article 148 of the education law, each member of such
foreign professional service limited liability company must be  licensed
pursuant to article 145, article 147 and/or article 148 of the education
law  to  practice  one  or  more of such professions in this state. With
respect to a foreign  professional  service  limited  liability  company
which  provides  licensed clinical social work services as such services
are defined in article 154 of the education law,  each  member  of  such
foreign professional service limited liability company shall be licensed
pursuant to article 154 of the education law to practice clinical social
work  in  this  state.  With  respect  to a foreign professional service
limited liability company which provides creative arts therapy  services
as  such  services are defined in article 163 of the education law, each
member of such foreign professional service  limited  liability  company
must  be  licensed pursuant to article 163 of the education law to prac-
tice 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 practice marriage and family therapy in this state.
With respect to a foreign professional service limited liability company
which  provides  mental  health counseling services as such services are
defined in article 163 of the education law, each member of such foreign
professional service limited liability company must be licensed pursuant
to article 163 of the education law to practice mental health counseling
in this state. With respect to a foreign  professional  service  limited
liability   company  which  provides  psychoanalysis  services  as  such
services are defined in article 163 of the education law, each member of
such foreign professional service  limited  liability  company  must  be
licensed  pursuant  to  article  163  of  the  education law to practice
psychoanalysis in this state.  WITH RESPECT TO  A  FOREIGN  PROFESSIONAL
SERVICE   LIMITED  LIABILITY  COMPANY  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.
  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

S. 1803--B                         10                         A. 1937--B

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
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.  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.
  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 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

S. 1803--B                         11                         A. 1937--B

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. 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.
  S  8.  Paragraph  (a)  of  subdivision  1 of section 413 of the social
services law, as separately amended by chapters 323 and 366 of the  laws
of 2008, 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
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;  day care center worker; school-age child care
worker; provider of family or group family day care; employee or  volun-
teer  in  a  residential  care  facility  defined in subdivision four of
section four hundred twelve-a of this title or any other child  care  or
foster  care worker; mental health professional; substance abuse counse-
lor; 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 one hundred eightieth day after
it  shall have become a law; provided however, that effective immediate-
ly, 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.

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

                                 1803--C

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 12, 2011
                               ___________

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

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

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

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

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

              

S. 1803--C                          2

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

S. 1803--C                          3

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

S. 1803--C                          4

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

S. 1803--C                          5

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

S. 1803--C                          6

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

S. 1803--C                          7

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

S. 1803--C                          8

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

S. 1803--C                          9

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

S. 1803--C                         10

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

S. 1803--C                         11

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

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

                                 1803--D

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 12, 2011
                               ___________

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

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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01174-10-2

              

S. 1803--D                          2

  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.
        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;

S. 1803--D                          3

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

S. 1803--D                          4

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 AS DEFINED IN THIS CHAPTER AS  A
TREATMENT,  THERAPY OR PROFESSIONAL SERVICE IN THE PRACTICE OF NATUROPA-
THY; AND
  2. USING INVASIVE PROCEDURES IN TESTING OR AS A TREATMENT, THERAPY, OR
PROFESSIONAL SERVICE IN THE PRACTICE OF  NATUROPATHY.  FOR  PURPOSES  OF
THIS  SUBDIVISION,  "INVASIVE  PROCEDURE"  MEANS  ANY PROCEDURE IN WHICH
HUMAN TISSUE IS CUT, ALTERED, OR OTHERWISE INFILTRATED BY MECHANICAL  OR
OTHER  MEANS  WITH  THE  EXCEPTION OF DRAWING BLOOD.  INVASIVE PROCEDURE
INCLUDES BUT IS NOT  LIMITED  TO  SURGERY,  LASERS,  GIVING  INJECTIONS,
IONIZING  RADIATION,  THERAPEUTIC ULTRASOUND, ELECTROCONVULSIVE THERAPY,
ELECTRICAL SHOCK THERAPY OR ELECTROMYOGRAPHY; AND
  3. PRACTICING OR CLAIMING TO PRACTICE AS A MEDICAL DOCTOR,  OSTEOPATH,
DENTIST,  PODIATRIST,  OPTOMETRIST,  PSYCHOLOGIST,  REGISTERED  PRACTICE
NURSE, ADVANCE PRACTICE PROFESSIONAL NURSE, MIDWIFE,  PHYSICIAN  ASSIST-
ANT,  CHIROPRACTOR,  PHYSICAL  THERAPIST,  ACUPUNCTURIST,  MENTAL HEALTH
THERAPIST OR ANY OTHER HEALTH CARE PROFESSIONAL NOT AUTHORIZED  IN  THIS
CHAPTER; AND
  4.  USING ANESTHESIA OR ANY OTHER MEANS OF SEDATION IN THE PRACTICE OF
NATUROPATHY; AND
  5. PROVIDING OBSTETRICAL SERVICES; AND
  6. PROVIDING PSYCHOTHERAPY SERVICES; AND
  7. 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.

S. 1803--D                          5

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

S. 1803--D                          6

  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:
  (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

S. 1803--D                          7

pursuant to article 163 of the education law to  practice  marriage  and
family  therapy  in  this  state. With respect to a professional service
limited liability company formed to  provide  mental  health  counseling
services  as  such  services are defined in article 163 of the education
law, each member of such limited  liability  company  must  be  licensed
pursuant  to  article 163 of the education law to practice mental health
counseling in this state. With respect to a professional service limited
liability company formed to  provide  psychoanalysis  services  as  such
services are defined in article 163 of the education law, each member of
such  limited liability company must be licensed pursuant to article 163
of the education law to practice psychoanalysis in this state.  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

S. 1803--D                          8

therapy  services  as  such  services  are defined in article 163 of the
education law, each member of such limited  liability  company  must  be
licensed  pursuant to article 163 of the education law to practice crea-
tive  arts therapy in this state. With respect to a professional service
limited liability company formed to provide marriage and family  therapy
services  as  such  services are defined in article 163 of the education
law, each member of such limited  liability  company  must  be  licensed
pursuant  to  article  163 of the education law to practice marriage and
family therapy in this state. With respect  to  a  professional  service
limited  liability  company  formed  to provide mental health counseling
services as such services are defined in article 163  of  the  education
law,  each  member  of  such  limited liability company must be licensed
pursuant to article 163 of the education law to practice  mental  health
counseling in this state. With respect to a professional service limited
liability  company  formed  to  provide  psychoanalysis services as such
services are defined in article 163 of the education law, each member of
such limited liability company must be licensed pursuant to article  163
of the education law to practice psychoanalysis in this state.
  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

S. 1803--D                          9

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
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.

S. 1803--D                         10

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
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

S. 1803--D                         11

services in this state must be licensed pursuant to article 163  of  the
education law to practice psychoanalysis in this state.
  S  8.  Paragraph  (a)  of  subdivision  1 of section 413 of the social
services law, as amended by chapter 91 of the laws of 2011,  is  amended
to read as follows:
  (a)  The  following  persons  and  officials are required to report or
cause a report to be made in accordance with this title when  they  have
reasonable  cause  to  suspect  that a child coming before them in their
professional or official capacity is an abused or maltreated  child,  or
when  they have reasonable cause to suspect that a child is an abused or
maltreated child where the parent, guardian, custodian or  other  person
legally  responsible  for  such child comes before them in their profes-
sional or official capacity and states from  personal  knowledge  facts,
conditions or circumstances which, if correct, would render the child an
abused  or maltreated child: any physician; registered physician assist-
ant; surgeon; medical  examiner;  coroner;  dentist;  dental  hygienist;
osteopath;  optometrist;  chiropractor; podiatrist; LICENSED NATUROPATH;
resident; intern; psychologist; registered nurse; social  worker;  emer-
gency  medical  technician;  licensed  creative arts therapist; licensed
marriage  and  family  therapist;  licensed  mental  health   counselor;
licensed  psychoanalyst;  hospital  personnel  engaged in the admission,
examination, care or treatment of persons; a Christian  Science  practi-
tioner;  school  official,  which  includes but is not limited to school
teacher, school guidance counselor, school psychologist,  school  social
worker,  school  nurse,  school  administrator or other school personnel
required to hold a teaching or administrative  license  or  certificate;
social  services worker; director of a children's overnight camp, summer
day camp or traveling summer day camp, as  such  camps  are  defined  in
section  thirteen  hundred ninety-two of the public health law; day care
center worker; school-age child care worker; provider of family or group
family day care; employee or volunteer in a  residential  care  facility
defined  in  subdivision  four  of section four hundred twelve-a of this
title or any other child care  or  foster  care  worker;  mental  health
professional;  substance  abuse  counselor;  alcoholism  counselor;  all
persons credentialed by the office of  alcoholism  and  substance  abuse
services;  peace officer; police officer; district attorney or assistant
district attorney; investigator employed in the  office  of  a  district
attorney; or other law enforcement official.
  S  9.  This  act  shall  take effect on the three hundred sixtieth day
after it shall have become a law; provided however, that effective imme-
diately, the addition, amendment and/or repeal of any rule or regulation
necessary for the implementation of this act on its  effective  date  is
authorized  and directed to be made and completed by the commissioner of
education and the board of regents on or before such effective date.

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

                                 1803--E

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 12, 2011
                               ___________

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

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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01174-11-2

              

S. 1803--E                          2

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.
        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

S. 1803--E                          3

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

S. 1803--E                          4

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
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

S. 1803--E                          5

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

S. 1803--E                          6

  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:
  (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

S. 1803--E                          7

limited liability company formed to provide marriage and family  therapy
services  as  such  services are defined in article 163 of the education
law, each member of such limited  liability  company  must  be  licensed
pursuant  to  article  163 of the education law to practice marriage and
family therapy in this state. With respect  to  a  professional  service
limited  liability  company  formed  to provide mental health counseling
services as such services are defined in article 163  of  the  education
law,  each  member  of  such  limited liability company must be licensed
pursuant to article 163 of the education law to practice  mental  health
counseling in this state. With respect to a professional service limited
liability  company  formed  to  provide  psychoanalysis services as such
services are defined in article 163 of the education law, each member of
such limited liability company must be licensed pursuant to article  163
of the education law to practice psychoanalysis in this state.  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

S. 1803--E                          8

licensed pursuant to article  154  of  the  education  law  to  practice
licensed  clinical  social work in this state. With respect to a profes-
sional service limited liability company formed to provide creative arts
therapy  services  as  such  services  are defined in article 163 of the
education law, each member of such limited  liability  company  must  be
licensed  pursuant to article 163 of the education law to practice crea-
tive arts therapy in this state. With respect to a professional  service
limited  liability company formed to provide marriage and family therapy
services as such services are defined in article 163  of  the  education
law,  each  member  of  such  limited liability company must be licensed
pursuant to article 163 of the education law to  practice  marriage  and
family  therapy  in  this  state. With respect to a professional service
limited liability company formed to  provide  mental  health  counseling
services  as  such  services are defined in article 163 of the education
law, each member of such limited  liability  company  must  be  licensed
pursuant  to  article 163 of the education law to practice mental health
counseling in this state. With respect to a professional service limited
liability company formed to  provide  psychoanalysis  services  as  such
services are defined in article 163 of the education law, each member of
such  limited liability company must be licensed pursuant to article 163
of the education law to practice psychoanalysis in this state.
  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

S. 1803--E                          9

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
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

S. 1803--E                         10

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
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

S. 1803--E                         11

state  must  be licensed pursuant to article 163 of the education law to
practice mental health counseling in  this  state.  Each  partner  of  a
foreign  limited  liability  partnership  which  provides psychoanalysis
services  in  this state must be licensed pursuant to article 163 of the
education law to practice psychoanalysis in this state.
  S 8. Paragraph (a) of subdivision 1  of  section  413  of  the  social
services  law,  as amended by chapter 91 of the laws of 2011, is amended
to read as follows:
  (a) The following persons and officials  are  required  to  report  or
cause  a  report to be made in accordance with this title when they have
reasonable cause to suspect that a child coming  before  them  in  their
professional  or  official capacity is an abused or maltreated child, or
when they have reasonable cause to suspect that a child is an abused  or
maltreated  child  where the parent, guardian, custodian or other person
legally responsible for such child comes before them  in  their  profes-
sional  or  official  capacity and states from personal knowledge facts,
conditions or circumstances which, if correct, would render the child an
abused or maltreated child: any physician; registered physician  assist-
ant;  surgeon;  medical  examiner;  coroner;  dentist; dental hygienist;
osteopath; optometrist; chiropractor; podiatrist;  LICENSED  NATUROPATH;
resident;  intern;  psychologist; registered nurse; social worker; emer-
gency medical technician; licensed  creative  arts  therapist;  licensed
marriage   and  family  therapist;  licensed  mental  health  counselor;
licensed psychoanalyst; hospital personnel  engaged  in  the  admission,
examination,  care  or treatment of persons; a Christian Science practi-
tioner; school official, which includes but is  not  limited  to  school
teacher,  school  guidance counselor, school psychologist, school social
worker, school nurse, school administrator  or  other  school  personnel
required  to  hold  a teaching or administrative license or certificate;
social services worker; director of a children's overnight camp,  summer
day  camp  or  traveling  summer  day camp, as such camps are defined in
section thirteen hundred ninety-two of the public health law;  day  care
center worker; school-age child care worker; provider of family or group
family  day  care;  employee or volunteer in a residential care facility
defined in subdivision four of section four  hundred  twelve-a  of  this
title  or  any  other  child  care  or foster care worker; mental health
professional;  substance  abuse  counselor;  alcoholism  counselor;  all
persons  credentialed  by  the  office of alcoholism and substance abuse
services; peace officer; police officer; district attorney or  assistant
district  attorney;  investigator  employed  in the office of a district
attorney; or other law enforcement official.
  S 9. This act shall take effect on  the  three  hundred  sixtieth  day
after it shall have become a law; provided however, that effective imme-
diately, the addition, amendment and/or repeal of any rule or regulation
necessary  for  the  implementation of this act on its effective date is
authorized and directed to be made and completed by the commissioner  of
education and the board of regents on or before such effective date.