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

                                  2220

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  M.  of  A. V. LOPEZ, O'DONNELL, MAISEL, ABBATE, ROBERTS,
  CASTRO, TITONE, JAFFEE, WEPRIN --  Multi-Sponsored  by  --  M.  of  A.
  CROUCH,  GANTT,  GOODELL,  GUNTHER, HEASTIE, KATZ, LUPARDO, McDONOUGH,
  McKEVITT, THIELE -- read once and referred to the Committee on  Higher
  Education

AN  ACT  to amend the limited liability company law, the business corpo-
  ration law, the partnership law, the public health law and the  educa-
  tion  law,  in  relation  to allowing doctors of chiropractic licensed
  under title VIII, article 132 of the education  law  to  form  limited
  liability companies

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

  Section 1. 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-

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

                                                           LBD01399-01-3

A. 2220                             2

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
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  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.    NOTWITHSTANDING  ANY  OTHER  PROVISION OF THIS SECTION, WITH
RESPECT TO A LIMITED LIABILITY COMPANY  FORMED  TO  PROVIDE  INTEGRATED,
MULTIDISCIPLINARY  MEDICAL  AND  CHIROPRACTIC SERVICES, AS SUCH SERVICES
ARE RESPECTIVELY DEFINED UNDER ARTICLES 131 AND  132  OF  THE  EDUCATION
LAW,  (I) EACH MEMBER OF SUCH LIMITED LIABILITY COMPANY MUST BE LICENSED
PURSUANT TO ARTICLE 131 OR ARTICLE 132 OF THE EDUCATION LAW TO  PRACTICE
HIS  OR  HER PROFESSION IN THIS STATE, (II) EACH MEMBER SHALL ONLY PRAC-
TICE HIS OR HER PROFESSION AS SPECIFIED IN HIS OR HER RESPECTIVE PROFES-

A. 2220                             3

SIONAL ENABLING STATUTE UNDER ARTICLE 131 OR ARTICLE 132 OF  THE  EDUCA-
TION  LAW,  AND (III) THE CLINICAL INTEGRATION OF PROFESSIONAL PRACTICES
WITHIN AN INTEGRATED,  MULTIDISCIPLINARY  ENTITY  ORGANIZED  UNDER  THIS
SECTION  DOES  NOT ALTER, EXPAND OR CURTAIL THE SCOPE OF PRACTICE OF ANY
OF THE INDIVIDUALS LICENSED UNDER THE STATUTE OF HIS OR  HER  RESPECTIVE
PROFESSIONAL  ENABLING  LAW,  PROVIDED  THAT: (A) THE CLINICAL JUDGMENT,
MANAGEMENT AND CLINICAL DECISION-MAKING  OF  ONE  OR  MORE  ARTICLE  131
PROVIDERS  IN  AN  INTEGRATED,  MULTIDISCIPLINARY  PROFESSIONAL  SERVICE
LIMITED LIABILITY COMPANY SHALL BE  CONTROLLING,  (B)  MEMBERS  LICENSED
UNDER ARTICLE 132 OF THE EDUCATION LAW, SHALL NOT, DIRECTLY OR INDIRECT-
LY, INTERFERE WITH THE CLINICAL JUDGMENT OR LEGITIMATE CLINICAL PRACTICE
OF  A  PROFESSIONAL  LICENSED  UNDER  ARTICLE  131,  AND (C) INDIVIDUALS
LICENSED UNDER ARTICLE 131  MAY  NOT  ORDER  OR  DIRECT  A  PROFESSIONAL
LICENSED  UNDER  ARTICLE 132 OF THE EDUCATION LAW TO PRACTICE BEYOND THE
SCOPE OF HIS OR HER LICENSE UNDER ARTICLE 132 OF THE EDUCATION LAW, EVEN
IF SUPERVISED DIRECTLY OR INDIRECTLY BY A  PROFESSIONAL  LICENSED  UNDER
ARTICLE 131.
  S  2. 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
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

A. 2220                             4

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.   NOTWITHSTANDING ANY OTHER PROVISION  OF  THIS  SECTION,
WITH  RESPECT TO A PROFESSIONAL SERVICE LIMITED LIABILITY COMPANY FORMED
TO  PROVIDE  INTEGRATED,  MULTIDISCIPLINARY  MEDICAL  AND   CHIROPRACTIC
SERVICES,  AS  SUCH SERVICES ARE RESPECTIVELY DEFINED UNDER ARTICLES 131
AND 132 OF THE EDUCATION LAW, (I) EACH MEMBER OF SUCH LIMITED  LIABILITY
COMPANY  MUST  BE LICENSED PURSUANT TO ARTICLE 131 OR ARTICLE 132 OF THE
EDUCATION LAW TO PRACTICE HIS OR HER PROFESSION IN THIS STATE, (II) EACH
MEMBER SHALL ONLY PRACTICE HIS OR HER PROFESSION AS SPECIFIED IN HIS  OR
HER  RESPECTIVE PROFESSIONAL ENABLING STATUTE UNDER ARTICLE 131 OR ARTI-
CLE 132 OF THE EDUCATION LAW, AND  (III)  THE  CLINICAL  INTEGRATION  OF
PROFESSIONAL  PRACTICES  WITHIN  AN INTEGRATED, MULTIDISCIPLINARY ENTITY
ORGANIZED UNDER THIS SECTION DOES NOT ALTER, EXPAND OR CURTAIL THE SCOPE
OF PRACTICE OF ANY OF THE INDIVIDUALS LICENSED UNDER THE STATUTE OF  HIS
OR  HER  RESPECTIVE  PROFESSIONAL  ENABLING  LAW, PROVIDED THAT: (A) THE
CLINICAL JUDGMENT, MANAGEMENT AND CLINICAL  DECISION-MAKING  OF  ONE  OR
MORE  ARTICLE  131 PROVIDERS IN AN INTEGRATED, MULTIDISCIPLINARY PROFES-
SIONAL SERVICE LIMITED  LIABILITY  COMPANY  SHALL  BE  CONTROLLING,  (B)
MEMBERS  LICENSED  UNDER  ARTICLE  132  OF THE EDUCATION LAW, SHALL NOT,
DIRECTLY OR INDIRECTLY, INTERFERE WITH THE CLINICAL JUDGMENT OR  LEGITI-
MATE CLINICAL PRACTICE OF A PROFESSIONAL LICENSED UNDER ARTICLE 131, AND
(C)  INDIVIDUALS  LICENSED  UNDER  ARTICLE 131 MAY NOT ORDER OR DIRECT A
PROFESSIONAL LICENSED UNDER ARTICLE 132 OF THE EDUCATION LAW TO PRACTICE
BEYOND THE SCOPE OF HIS OR HER LICENSE UNDER ARTICLE 132 OF  THE  EDUCA-
TION  LAW,  EVEN  IF SUPERVISED DIRECTLY OR INDIRECTLY BY A PROFESSIONAL
LICENSED UNDER ARTICLE 131.
  S 3. 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,

A. 2220                             5

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.
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   INTEGRATED,
MULTI-DISCIPLINARY  MEDICAL  AND CHIROPRACTIC SERVICES, AS SUCH SERVICES
ARE RESPECTIVELY DEFINED UNDER ARTICLE 131 AND ARTICLE 132 OF THE EDUCA-
TION LAW, (I) EACH MEMBER OF SUCH  LIMITED  LIABILITY  COMPANY  MUST  BE
LICENSED  PURSUANT TO ARTICLE 131 OR ARTICLE 132 OF THE EDUCATION LAW TO

A. 2220                             6

PRACTICE HIS OR HER PROFESSION IN THIS STATE,  (II)  EACH  MEMBER  SHALL
ONLY  PRACTICE  HIS OR HER PROFESSION AS SPECIFIED IN HIS OR HER RESPEC-
TIVE PROFESSIONAL ENABLING STATUTE UNDER ARTICLE 131 OR ARTICLE  132  OF
THE  EDUCATION  LAW,  AND (III) THE CLINICAL INTEGRATION OF PROFESSIONAL
PRACTICES WITHIN AN INTEGRATED, MULTIDISCIPLINARY ENTITY ORGANIZED UNDER
THIS SECTION DOES NOT ALTER, EXPAND OR CURTAIL THE SCOPE OF PRACTICE  OF
ANY  OF THE INDIVIDUALS LICENSED UNDER THE STATUTE OF HIS OR HER RESPEC-
TIVE PROFESSIONAL ENABLING LAW, PROVIDED THAT: (A)  THE  CLINICAL  JUDG-
MENT, MANAGEMENT AND CLINICAL DECISION-MAKING OF ONE OR MORE ARTICLE 131
PROVIDERS  IN  AN  INTEGRATED,  MULTIDISCIPLINARY  PROFESSIONAL  SERVICE
LIMITED LIABILITY COMPANY SHALL BE  CONTROLLING,  (B)  MEMBERS  LICENSED
UNDER ARTICLE 132 OF THE EDUCATION LAW, SHALL NOT, DIRECTLY OR INDIRECT-
LY, INTERFERE WITH THE CLINICAL JUDGMENT OR LEGITIMATE CLINICAL PRACTICE
OF  A  PROFESSIONAL  LICENSED  UNDER  ARTICLE  131,  AND (C) INDIVIDUALS
LICENSED UNDER ARTICLE 131  MAY  NOT  ORDER  OR  DIRECT  A  PROFESSIONAL
LICENSED  UNDER  ARTICLE 132 OF THE EDUCATION LAW TO PRACTICE BEYOND THE
SCOPE OF HIS OR HER LICENSE UNDER ARTICLE 132 OF THE EDUCATION LAW, EVEN
IF SUPERVISED DIRECTLY OR INDIRECTLY BY A  PROFESSIONAL  LICENSED  UNDER
ARTICLE 131.
  S 4. Paragraph (a) of section 1503 of the business corporation law, as
amended  by  chapter  550  of  the  laws  of 2011, is amended to read as
follows:
  (a) Notwithstanding any other provision of law, (I) one or more  indi-
viduals  duly  authorized by law to render the same professional service
within the state may organize, or cause to be organized, a  professional
service  corporation  for  pecuniary  profit  under this article for the
purpose of rendering the same professional service, except that  one  or
more  individuals  duly authorized by law to practice professional engi-
neering, architecture, landscape architecture or land  surveying  within
the state may organize, or cause to be organized, a professional service
corporation  or  a design professional service corporation for pecuniary
profit under this article for the purpose of rendering such professional
services as such individuals are authorized to practice, AND,  (II)  ONE
OR  MORE  INDIVIDUALS DULY LICENSED TO PRACTICE MEDICINE AND ONE OR MORE
CHIROPRACTORS LICENSED UNDER ARTICLE 132 OF THE EDUCATION LAW,  WHO  MAY
BE  BOARD  CERTIFIED  OR QUALIFIED BY HIS OR HER RESPECTIVE PROFESSIONAL
SPECIALTY BOARDS, MAY ORGANIZE, OR CAUSE TO BE ORGANIZED,  FOR  BUSINESS
PURPOSES  ONLY,  A  MULTIDISCIPLINARY  PROFESSIONAL  SERVICE CORPORATION
FORMED FOR PECUNIARY PROFIT  UNDER  THIS  ARTICLE  FOR  THE  PURPOSE  OF
RENDERING  INTEGRATED  AND  NON-INTEGRATED  PROFESSIONAL SERVICES WITHIN
SUCH A CORPORATION AS SUCH INDIVIDUALS ARE AUTHORIZED TO PRACTICE  INDI-
VIDUALLY  IN  HIS OR HER RESPECTIVE PROFESSIONS, PROVIDED THAT THE CLIN-
ICAL INTEGRATION OF PROFESSIONAL PRACTICES WITHIN  AN  ENTITY  ORGANIZED
UNDER  THIS SECTION DOES NOT ALTER, EXPAND OR CURTAIL THE SCOPE OF PRAC-
TICE OF ANY OF THE INDIVIDUALS LICENSED UNDER THE STATUTE OF HIS OR  HER
RESPECTIVE  PROFESSIONAL  ENABLING  LAW;  THAT  THE  CLINICAL  JUDGMENT,
MANAGEMENT AND CLINICAL DECISION-MAKING  OF  ONE  OR  MORE  ARTICLE  131
PROVIDERS IN AN INTEGRATED, MULTIDISCIPLINARY PRACTICE SHALL BE CONTROL-
LING;  THAT  MEMBERS  LICENSED  UNDER  ARTICLE 132 OF THE EDUCATION LAW,
SHALL NOT, DIRECTLY OR INDIRECTLY, INTERFERE WITH THE CLINICAL  JUDGMENT
OR LEGITIMATE CLINICAL PRACTICE OF A PROFESSIONAL LICENSED UNDER ARTICLE
131;  AND  THAT  INDIVIDUALS LICENSED UNDER ARTICLE 131 MAY NOT ORDER OR
DIRECT A PROFESSIONAL LICENSED UNDER ARTICLE 132 OF THE EDUCATION LAW TO
PRACTICE BEYOND THE SCOPE OF HIS OR HER LICENSE UNDER ARTICLE 132 OF THE
EDUCATION LAW IN A PROFESSIONAL SERVICE LIMITED LIABILITY COMPANY,  EVEN

A. 2220                             7

IF  SUPERVISED  DIRECTLY  OR INDIRECTLY BY A PROFESSIONAL LICENSED UNDER
ARTICLE 131.
  S  5.  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  INTEGRATED,  MULTIDISCIPLINARY
MEDICAL  AND  CHIROPRACTIC  SERVICES,  AS SUCH SERVICES ARE RESPECTIVELY
DEFINED UNDER ARTICLE 131 AND ARTICLE 132 OF THE EDUCATION LAW, (I) MUST
BE LICENSED PURSUANT TO ARTICLE 131 OR ARTICLE 132 OF THE EDUCATION  LAW
TO  PRACTICE  HIS OR HER PROFESSION IN THIS STATE, (II) SHALL ONLY PRAC-
TICE HIS OR HER PROFESSION AS SPECIFIED IN HIS OR HER RESPECTIVE PROFES-
SIONAL ENABLING STATUTE UNDER ARTICLE 131 OR ARTICLE 132 OF  THE  EDUCA-
TION  LAW,  AND (III) THE CLINICAL INTEGRATION OF PROFESSIONAL PRACTICES
WITHIN AN INTEGRATED, MULTI-DISCIPLINARY  ENTITY  ORGANIZED  UNDER  THIS
SECTION  DOES  NOT ALTER, EXPAND OR CURTAIL THE SCOPE OF PRACTICE OF ANY
OF THE INDIVIDUALS LICENSED UNDER THE STATUTE OF HIS OR  HER  RESPECTIVE
PROFESSIONAL  ENABLING  LAW,  PROVIDED  THAT: (A) THE CLINICAL JUDGMENT,
MANAGEMENT AND CLINICAL DECISION-MAKING  OF  ONE  OR  MORE  ARTICLE  131
PROVIDERS  IN  AN  INTEGRATED,  MULTIDISCIPLINARY  PROFESSIONAL  SERVICE
LIMITED LIABILITY COMPANY SHALL BE  CONTROLLING,  (B)  MEMBERS  LICENSED
UNDER ARTICLE 132 OF THE EDUCATION LAW, SHALL NOT, DIRECTLY OR INDIRECT-
LY, INTERFERE WITH THE CLINICAL JUDGMENT OR LEGITIMATE CLINICAL PRACTICE
OF  A  PROFESSIONAL  LICENSED  UNDER  ARTICLE  131,  AND (C) INDIVIDUALS
LICENSED UNDER ARTICLE 131  MAY  NOT  ORDER  OR  DIRECT  A  PROFESSIONAL
LICENSED  UNDER  ARTICLE 132 OF THE EDUCATION LAW TO PRACTICE BEYOND THE

A. 2220                             8

SCOPE OF HIS OR HER LICENSE UNDER ARTICLE 132 OF THE EDUCATION LAW, EVEN
IF SUPERVISED DIRECTLY OR INDIRECTLY BY A  PROFESSIONAL  LICENSED  UNDER
ARTICLE 131.
  S  6.  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
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 FORMED  TO  PROVIDE  INTEGRATED,
MULTIDISCIPLINARY  MEDICAL  AND  CHIROPRACTIC SERVICES, AS SUCH SERVICES
ARE DEFINED UNDER ARTICLE 131 OR ARTICLE 132 OF THE EDUCATION  LAW,  (I)
MUST BE LICENSED PURSUANT TO ARTICLE 131 OR ARTICLE 132 OF THE EDUCATION
LAW  TO  PRACTICE  HIS  OR HER PROFESSION IN THIS STATE, (II) SHALL ONLY
PRACTICE HIS OR HER PROFESSION AS SPECIFIED IN  HIS  OR  HER  RESPECTIVE
PROFESSIONAL  ENABLING  STATUTE  UNDER ARTICLE 131 OR ARTICLE 132 OF THE
EDUCATION LAW, AND (III) THE CLINICAL INTEGRATION OF PROFESSIONAL  PRAC-
TICES  WITHIN  AN  INTEGRATED,  MULTIDISCIPLINARY ENTITY ORGANIZED UNDER
THIS SECTION DOES NOT ALTER, EXPAND OR CURTAIL THE SCOPE OF PRACTICE  OF
ANY  OF THE INDIVIDUALS LICENSED UNDER THE STATUTE OF HIS OR HER RESPEC-
TIVE PROFESSIONAL ENABLING LAW, PROVIDED THAT: (A)  THE  CLINICAL  JUDG-
MENT, MANAGEMENT AND CLINICAL DECISION-MAKING OF ONE OR MORE ARTICLE 131
PROVIDERS  IN  AN  INTEGRATED,  MULTIDISCIPLINARY  PROFESSIONAL  SERVICE
LIMITED LIABILITY COMPANY SHALL BE CONTROLLING, (B) MEMBERS NOT LICENSED
UNDER ARTICLE 131 OF THE EDUCATION LAW, SHALL NOT, DIRECTLY OR INDIRECT-
LY, INTERFERE WITH THE CLINICAL JUDGMENT OR LEGITIMATE CLINICAL PRACTICE
OF A PROFESSIONAL  LICENSED  UNDER  ARTICLE  131,  AND  (C)  INDIVIDUALS
LICENSED  UNDER  ARTICLE  131  MAY  NOT  ORDER  OR DIRECT A PROFESSIONAL
LICENSED UNDER ARTICLE 132 OF THE EDUCATION LAW TO PRACTICE  BEYOND  THE

A. 2220                             9

SCOPE OF HIS OR HER LICENSE UNDER ARTICLE 132 OF THE EDUCATION LAW, EVEN
IF  SUPERVISED  DIRECTLY  OR INDIRECTLY BY A PROFESSIONAL LICENSED UNDER
ARTICLE 131.
  S  7. Subdivision 1 of section 2801 of the public health law, as sepa-
rately amended by chapters 297 and 416 of the laws of 1983,  is  amended
to read as follows:
  1.  "Hospital"  means a facility or institution engaged principally in
providing services by or under the supervision of a physician or, in the
case of a dental clinic or dental dispensary,  of  a  dentist,  for  the
prevention,  diagnosis  or  treatment  of  human  disease, pain, injury,
deformity or physical condition, including, but not limited to, a gener-
al hospital, public health center, diagnostic center, treatment  center,
dental  clinic,  dental  dispensary,  rehabilitation center other than a
facility used solely for vocational rehabilitation, nursing home, tuber-
culosis hospital, chronic disease hospital, maternity  hospital,  lying-
in-asylum,  out-patient  department, out-patient lodge, dispensary and a
laboratory or central service facility serving one or more  such  insti-
tutions,  but  the term hospital shall not include an institution, sani-
tarium or other facility engaged principally in providing  services  for
the prevention, diagnosis or treatment of mental disability and which is
subject  to the powers of visitation, examination, inspection and inves-
tigation of the department of mental hygiene except for  those  distinct
parts  of such a facility which provide hospital service. The provisions
of this article shall not apply to a  facility  or  institution  engaged
principally  in  providing  services  by or under the supervision of the
bona fide members and adherents of a recognized  religious  organization
whose teachings include reliance on spiritual means through prayer alone
for  healing  in  the  practice of the religion of such organization and
where services are provided in accordance with those teachings OR  TO  A
BUSINESS  CORPORATION,  LIMITED  LIABILITY  CORPORATION  OR  PARTNERSHIP
BETWEEN A MEDICAL DOCTOR AND  A  DULY  LICENSED  TITLE  VIII  HEALTHCARE
PROFESSIONAL.
  S  8. Subdivision 19 of section 6530 of the education law, as added by
chapter 606 of the laws of 1991, is amended to read as follows:
  19. Permitting any person  to  share  in  the  fees  for  professional
services,  other  than: a partner, employee, associate in a professional
firm or corporation, professional subcontractor or consultant authorized
to practice medicine, or a legally authorized trainee  practicing  under
the  supervision  of a licensee OR A CHIROPRACTOR PROVIDING PROFESSIONAL
SERVICES IN THE SAME PRACTICE.    This  prohibition  shall  include  any
arrangement  or  agreement  whereby  the  amount received in payment for
furnishing space, facilities, equipment or personnel services used by  a
licensee  constitutes  a  percentage of, or is otherwise dependent upon,
the income or receipts of the licensee from  such  practice,  except  as
otherwise  provided  by law with respect to a facility licensed pursuant
to article twenty-eight of the public health law or article thirteen  of
the mental hygiene law;
  S 9. Section 6509-a of the education law, as amended by chapter 555 of
the laws of 1993, is amended as follows:
  S 6509-a. Additional  definition  of  professional misconduct; limited
application.  Notwithstanding any inconsistent provision of this article
or of any other provision of law to the contrary, the license or  regis-
tration  of  a  person subject to the provisions of articles one hundred
thirty-two,  one  hundred  thirty-three,  one  hundred  thirty-six,  one
hundred  thirty-seven,  one  hundred thirty-nine, one hundred forty-one,
one hundred forty-three, one hundred forty-four, one hundred  fifty-six,

A. 2220                            10

one hundred fifty-nine and one hundred sixty-four of this chapter may be
revoked,  suspended  or  annulled  or  such person may be subject to any
other penalty provided in section  sixty-five  hundred  eleven  of  this
article  in accordance with the provisions and procedure of this article
for the following:
  That any person subject to the above enumerated articles, has directly
or indirectly requested,  received  or  participated  in  the  division,
transference,  assignment,  rebate, splitting or refunding of a fee for,
or has directly requested, received or profited by means of a credit  or
other  valuable  consideration  as a commission, discount or gratuity in
connection with the furnishing of professional care, or service, includ-
ing x-ray examination and treatment, or for or in  connection  with  the
sale, rental, supplying or furnishing of clinical laboratory services or
supplies,  x-ray  laboratory  services  or  supplies, inhalation therapy
service or equipment, ambulance service, hospital or  medical  supplies,
physiotherapy  or  other  therapeutic  service  or equipment, artificial
limbs, teeth or eyes, orthopedic or  surgical  appliances  or  supplies,
optical  appliances,  supplies or equipment, devices for aid of hearing,
drugs, medication or medical supplies or any other  goods,  services  or
supplies  prescribed for medical diagnosis, care or treatment under this
chapter, except payment, not to exceed thirty-three  and  one-third  per
centum  of  any  fee received for x-ray examination, diagnosis or treat-
ment, to any hospital furnishing facilities for such examination,  diag-
nosis  or  treatment.   Nothing contained in this section shall prohibit
such persons from practicing as partners, in groups or as a professional
corporation or as a university faculty  practice  corporation  nor  from
pooling  fees  and  moneys received, either by the partnerships, profes-
sional corporations, university faculty practice corporations or  groups
by  the  individual members thereof, for professional services furnished
by any individual professional member, or employee of such  partnership,
corporation or group, nor shall the professionals constituting the part-
nerships, corporations or groups be prohibited from sharing, dividing or
apportioning the fees and moneys received by them or by the partnership,
corporation  or  group  in accordance with a partnership or other agree-
ment; provided that no such practice as  partners,  corporations  or  in
groups  or  pooling  of  fees  or moneys received or shared, division or
apportionment of fees shall be permitted with respect to care and treat-
ment under the workers' compensation law except as expressly  authorized
by  the  workers' compensation law.   NOTHING CONTAINED IN THIS SECTION,
SHALL PROHIBIT A MULTIDISCIPLINARY  MEDICAL  AND  CHIROPRACTIC  PRACTICE
FORMED  PURSUANT  TO  SUBDIVISION  (A)  OR (B) OF SECTION TWELVE HUNDRED
THREE OF THE LIMITED LIABILITY COMPANY LAW, SUBDIVISION (A)  OF  SECTION
THIRTEEN HUNDRED ONE OF THE LIMITED LIABILITY COMPANY LAW, PARAGRAPH (A)
OF SECTION FIFTEEN HUNDRED THREE OF THE BUSINESS CORPORATION LAW, SUBDI-
VISION  (Q)  OF  SECTION 121-1500 OF THE PARTNERSHIP LAW, OR SUBDIVISION
(Q) OF SECTION 121-1502 OF THE PARTNERSHIP  LAW  FROM  POOLING  FEES  OR
MONIES  RECEIVED.  Nothing  contained  in  this chapter shall prohibit a
medical or dental expense indemnity corporation pursuant to its contract
with the subscriber from prorationing a medical or dental expense indem-
nity allowance among two or more  professionals  in  proportion  to  the
services  rendered  by  each  such  professional  at  the request of the
subscriber, provided that prior to payment  thereof  such  professionals
shall submit both to the medical or dental expense indemnity corporation
and to the subscriber statements itemizing the services rendered by each
such professional and the charges therefor.

A. 2220                            11

  S  10. Section 6531 of the education law, as amended by chapter 555 of
the laws of 1993, is amended as follows:
  S 6531. Additional  definition  of  professional  misconduct,  limited
application.  Notwithstanding any inconsistent provision of this article
or any other provisions of law to the contrary, the license or registra-
tion of a person subject to the provisions of this article  and  article
one  hundred  thirty-one-B of this chapter may be revoked, suspended, or
annulled or such person may be subject to any other penalty provided  in
section two hundred thirty-a of the public health law in accordance with
the provisions and procedures of this article for the following:
  That  any person subject to the above-enumerated articles has directly
or indirectly requested,  received  or  participated  in  the  division,
transference,  assignment, rebate, splitting, or refunding of a fee for,
or has directly requested, received or profited by means of a credit  or
other  valuable  consideration as a commission, discount or gratuity, in
connection with the furnishing of professional care or service,  includ-
ing  x-ray  examination  and treatment, or for or in connection with the
sale, rental, supplying, or furnishing of clinical  laboratory  services
or  supplies,  x-ray laboratory services or supplies, inhalation therapy
service or equipment, ambulance service, hospital or  medical  supplies,
physiotherapy  or  other  therapeutic  service  or equipment, artificial
limbs, teeth or eyes, orthopedic or  surgical  appliances  or  supplies,
optical  appliances, supplies, or equipment, devices for aid of hearing,
drugs, medication, or medical supplies, or any other goods, services, or
supplies prescribed for medical diagnosis, care, or treatment under this
chapter, except  payment,  not  to  exceed  thirty-three  and  one-third
percent  of any fee received for x-ray examination, diagnosis, or treat-
ment, to any hospital furnishing facilities for such examination,  diag-
nosis,  or  treatment.  Nothing contained in this section shall prohibit
such persons from practicing as partners, in groups or as a professional
corporation or as a university faculty practice  corporation,  nor  from
pooling  fees  and  moneys received, either by the partnerships, profes-
sional corporations, or  university  faculty  practice  corporations  or
groups  by  the  individual  members  thereof, for professional services
furnished by an individual professional  member,  or  employee  of  such
partnership,  corporation, or group, nor shall the professionals consti-
tuting the partnerships, corporations or groups be prohibited from shar-
ing, dividing, or apportioning the fees and moneys received by  them  or
by  the partnership, corporation, or group in accordance with a partner-
ship or other agreement; provided that no  such  practice  as  partners,
corporations,  or  groups,  or  pooling  of  fees  or moneys received or
shared, division or  apportionment  of  fees  shall  be  permitted  with
respect  to  and  treatment under the workers' compensation law. NOTHING
CONTAINED IN THIS SECTION, SHALL PROHIBIT  A  MULTIDISCIPLINARY  MEDICAL
AND  CHIROPRACTIC  PRACTICE FORMED PURSUANT TO SUBDIVISION (A) OR (B) OF
SECTION TWELVE HUNDRED THREE  OF  THE  LIMITED  LIABILITY  COMPANY  LAW,
SUBDIVISION (A) OF SECTION THIRTEEN HUNDRED ONE OF THE LIMITED LIABILITY
COMPANY LAW, PARAGRAPH (A) OF SECTION FIFTEEN HUNDRED THREE OF THE BUSI-
NESS  CORPORATION  LAW, SUBDIVISION (Q) OF SECTION 121-1500 OF THE PART-
NERSHIP LAW, OR SUBDIVISION (Q) OF SECTION 121-1502 OF  THE  PARTNERSHIP
LAW  FROM  POOLING  FEES  OR  MONIES RECEIVED. Nothing contained in this
chapter shall  prohibit  a  corporation  licensed  pursuant  to  article
forty-three  of  the  insurance  law  pursuant  to its contract with the
subscribed from prorationing a  medical  or  dental  expenses  indemnity
allowance  among two or more professionals in proportion to the services
rendered by each such professional at the  request  of  the  subscriber,

A. 2220                            12

provided  that  prior to payment thereof such professionals shall submit
both to the corporation licensed pursuant to article forty-three of  the
insurance  law  and  to the subscriber statements itemizing the services
rendered by each such professional and the charges therefor.
  S 11. This act shall take effect immediately.