S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7474
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              April 26, 2017
                                ___________
 
 Introduced by M. of A. CAHILL -- Multi-Sponsored by -- M. of A. LUPARDO,
   STEC,  STIRPE  --  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 authorizing  ophthamologists  and  ophthalmic
   dispensing practices 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 amended by chapter 475 of the laws of 2014, 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD11163-01-7

 A. 7474                             2
 
 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,  landscape  architectural  and/or  geological  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  applied behavior analysis services as such
 services are defined in article 167 of the education law, each member of
 such limited liability company must be licensed or certified pursuant to
 article 167 of the education law to practice applied  behavior  analysis
 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 SERVICES DEFINED IN ARTICLE 131 OF THE EDUCA-
 TION LAW WITH OPTOMETRY AND/OR OPHTHALMIC DISPENSING SERVICES DEFINED IN
 ARTICLE 143 AND/OR ARTICLE 144 OF THE EDUCATION LAW, (I) EACH MEMBER  OF
 SUCH  LIMITED LIABILITY COMPANY MUST BE LICENSED PURSUANT TO ARTICLE 131
 AND CERTIFIED BY THE AMERICAN BOARD OF  OPHTHALMOLOGY,  AND/OR  LICENSED

 A. 7474                             3
 
 PURSUANT TO ARTICLE 143 AND/OR ARTICLE 144 OF THE EDUCATION LAW TO PRAC-
 TICE  ONE  OR  MORE  OF SUCH PROFESSIONS 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 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  143  AND/OR ARTICLE 144 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 143 AND/OR ARTICLE 144 OF THE EDUCA-
 TION LAW TO PRACTICE BEYOND THE SCOPE OF HIS OR HER LICENSE UNDER  ARTI-
 CLE  143  AND/OR  ARTICLE  144  OF THE EDUCATION LAW, EVEN IF SUPERVISED
 DIRECTLY OR INDIRECTLY BY A PROFESSIONAL LICENSED UNDER ARTICLE 131.
   § 2. Subdivision (b) of section 1207 of the limited liability  company
 law,  as  amended by chapter 475 of the laws of 2014, 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, landscape architectural and/or geological
 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 limit-
 ed  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  clin-
 ical  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  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  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

 A. 7474                             4
 
 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 arti-
 cle 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  applied  behavior
 analysis  services  as  such  services are defined in article 167 of the
 education law, each member of such limited  liability  company  must  be
 licensed  or  certified  pursuant to article 167 of the education law to
 practice applied behavior analysis in this  state.  NOTWITHSTANDING  ANY
 OTHER  PROVISION OF THIS SECTION, WITH RESPECT TO A PROFESSIONAL SERVICE
 LIMITED LIABILITY COMPANY FORMED TO PROVIDE  INTEGRATED,  MULTIDISCIPLI-
 NARY  MEDICAL  SERVICES DEFINED IN ARTICLE 131 OF THE EDUCATION LAW WITH
 OPTOMETRY AND/OR OPHTHALMIC DISPENSING SERVICES DEFINED IN  ARTICLE  143
 AND/OR ARTICLE 144 OF THE EDUCATION LAW, (I) EACH MEMBER OF SUCH LIMITED
 LIABILITY COMPANY MUST BE LICENSED PURSUANT TO ARTICLE 131 AND CERTIFIED
 BY  THE  AMERICAN  BOARD  OF  OPHTHALMOLOGY, AND/OR LICENSED PURSUANT TO
 ARTICLE 143 AND/OR ARTICLE 144 OF THE EDUCATION LAW TO PRACTICE  ONE  OR
 MORE  OF  SUCH  PROFESSIONS  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, ARTICLE 143, OR ARTICLE
 144  OF THE EDUCATION LAW, AND (III) THE CLINICAL INTEGRATION OF PROFES-
 SIONAL PRACTICES WITHIN AN INTEGRATED, MULTIDISCIPLINARY  ENTITY  ORGAN-
 IZED  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 CLIN-
 ICAL 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  143  AND/OR  ARTICLE 144 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  (C)  INDIVIDUALS  LICENSED UNDER ARTICLE 131 MAY NOT ORDER OR
 DIRECT A PROFESSIONAL LICENSED UNDER ARTICLE 143 AND/OR ARTICLE  144  OF
 THE  EDUCATION  LAW  TO  PRACTICE BEYOND THE SCOPE OF HIS OR HER LICENSE
 UNDER ARTICLE 143 AND/OR ARTICLE 144  OF  THE  EDUCATION  LAW,  EVEN  IF
 SUPERVISED DIRECTLY OR INDIRECTLY BY A PROFESSIONAL LICENSED UNDER ARTI-
 CLE 131.
   §  3. Subdivision (a) of section 1301 of the limited liability company
 law, as amended by chapter 475 of the laws of 2014, 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-

 A. 7474                             5
 
 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, geologic, architectural and/or land-
 scape 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

 A. 7474                             6
 
 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 which provides applied behavior analy-
 sis services as such services are defined in article 167 of  the  educa-
 tion  law,  each  member  of  such  foreign professional service limited
 liability company must be licensed or certified pursuant to article  167
 of  the  education  law  to  practice  applied behavior analysis in this
 state.  WITH RESPECT TO A FOREIGN PROFESSIONAL SERVICE LIMITED LIABILITY
 COMPANY FORMED TO PROVIDE INTEGRATED, MULTIDISCIPLINARY MEDICAL SERVICES
 DEFINED IN ARTICLE 131  OF  THE  EDUCATION  LAW  WITH  OPTOMETRY  AND/OR
 OPHTHALMIC DISPENSING SERVICES DEFINED IN ARTICLE 143 AND/OR ARTICLE 144
 OF  THE EDUCATION LAW, (I) EACH MEMBER OF SUCH LIMITED LIABILITY COMPANY
 MUST BE LICENSED PURSUANT TO ARTICLE 131 AND CERTIFIED BY  THE  AMERICAN
 BOARD  OF  OPHTHALMOLOGY, AND/OR LICENSED PURSUANT TO ARTICLE 143 AND/OR
 ARTICLE 144 OF THE EDUCATION  LAW  TO  PRACTICE  ONE  OR  MORE  OF  SUCH
 PROFESSIONS  IN  THIS STATE, (II) EACH MEMBER SHALL ONLY PRACTICE HIS OR
 HER PROFESSION AS SPECIFIED IN HIS OR HER RESPECTIVE PROFESSIONAL ENABL-
 ING STATUTE UNDER ARTICLE 131, ARTICLE 143, OR ARTICLE 144 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 143 AND/OR ARTICLE 144 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 143 AND/OR ARTICLE 144 OF THE EDUCA-
 TION  LAW TO PRACTICE BEYOND THE SCOPE OF HIS OR HER LICENSE UNDER ARTI-
 CLE 143 AND/OR ARTICLE 144 OF THE  EDUCATION  LAW,  EVEN  IF  SUPERVISED
 DIRECTLY OR INDIRECTLY BY A PROFESSIONAL LICENSED UNDER ARTICLE 131.
   § 4. Paragraph (a) of section 1503 of the business corporation law, as
 amended  by  chapter  475  of  the  laws  of 2014, 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, land surveying or geology
 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
 WHO  ARE  CERTIFIED  BY  THE AMERICAN BOARD OF OPHTHALMOLOGY, AND ONE OR
 MORE OPTOMETRIST AND/OR OPHTHALMIC DISPENSER LICENSED UNDER ARTICLE  143

 A. 7474                             7
 
 AND/OR  ARTICLE  144 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 MULTI-
 DISCIPLINARY  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  INDIVIDUALLY  IN  HIS  OR  HER
 RESPECTIVE  PROFESSIONS,  PROVIDED  THAT  THE  CLINICAL  INTEGRATION  OF
 PROFESSIONAL PRACTICES WITHIN AN 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  PROFES-
 SIONAL 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 CONTROLLING; THAT  MEMBERS  LICENSED
 UNDER  ARTICLE  143  AND/OR ARTICLE 144 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
 THAT  INDIVIDUALS  LICENSED  UNDER ARTICLE 131 MAY NOT ORDER OR DIRECT A
 PROFESSIONAL LICENSED UNDER ARTICLE 143 AND/OR ARTICLE 144 OF THE EDUCA-
 TION LAW TO PRACTICE BEYOND THE SCOPE OF HIS OR HER LICENSE UNDER  ARTI-
 CLE  143  AND/OR  ARTICLE  144  OF  THE  EDUCATION LAW IN A PROFESSIONAL
 SERVICE LIMITED LIABILITY COMPANY, EVEN IF SUPERVISED DIRECTLY OR  INDI-
 RECTLY BY A PROFESSIONAL LICENSED UNDER ARTICLE 131.
   §  5.  Subdivision  (q) of section 121-1500 of the partnership law, as
 amended by chapter 475 of the laws  of  2014,  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,  geological  services,
 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  clin-
 ical  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 creative 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 arti-
 cle 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

 A. 7474                             8
 
 law  to  practice psychoanalysis in this state. Each partner of a regis-
 tered limited liability partnership formed to provide  applied  behavior
 analysis service in this state must be licensed or certified pursuant to
 article  167  of the education law to practice applied behavior analysis
 in this state. EACH PARTNER OF A REGISTERED LIMITED  LIABILITY  PARTNER-
 SHIP  FORMED  TO  PROVIDE INTEGRATED, MULTIDISCIPLINARY MEDICAL SERVICES
 DEFINED IN ARTICLE 131  OF  THE  EDUCATION  LAW  WITH  OPTOMETRY  AND/OR
 OPHTHALMIC DISPENSING SERVICES DEFINED IN ARTICLE 143 AND/OR ARTICLE 144
 OF  THE  EDUCATION LAW, (I) MUST BE LICENSED PURSUANT TO ARTICLE 131 AND
 CERTIFIED BY THE AMERICAN BOARD OF OPHTHALMOLOGY, AND/OR LICENSED PURSU-
 ANT TO ARTICLE 143 AND/OR ARTICLE 144 OF THE EDUCATION LAW  TO  PRACTICE
 ONE OR MORE OF SUCH PROFESSIONS IN THIS STATE; AND (II) SHALL ONLY PRAC-
 TICE HIS OR HER PROFESSION AS SPECIFIED IN HIS OR HER RESPECTIVE PROFES-
 SIONAL  ENABLING  STATUTE UNDER ARTICLE 131, ARTICLE 143, OR ARTICLE 144
 OF THE EDUCATION LAW. 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  143  AND/OR ARTICLE 144 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 143 AND/OR ARTICLE 144 OF THE EDUCA-
 TION LAW TO PRACTICE BEYOND THE SCOPE OF HIS OR HER LICENSE UNDER  ARTI-
 CLE  143  AND/OR  ARTICLE  144  OF THE EDUCATION LAW, EVEN IF SUPERVISED
 DIRECTLY OR INDIRECTLY BY A PROFESSIONAL LICENSED UNDER ARTICLE 131.
   § 6. Subdivision (q) of section 121-1502 of the  partnership  law,  as
 amended  by  chapter  475  of  the  laws  of 2014, 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, geological services, architectural and/or land-
 scape 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  partnership  which provides licensed clinical social
 work services in this state must be licensed pursuant to article 154  of
 the  education  law  to  practice  licensed clinical social work in this
 state. Each partner of a foreign  limited  liability  partnership  which
 provides  creative  arts therapy 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 part-
 nership  which  provides  marriage  and  family therapy services in this
 state must be licensed pursuant to article 163 of the education  law  to

 A. 7474                             9
 
 practice  marriage  and  family therapy in this state. Each partner of a
 foreign limited liability partnership which provides mental health coun-
 seling 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 arti-
 cle 163 of the education law to practice psychoanalysis in  this  state.
 Each  partner  of a foreign limited liability partnership which provides
 applied behavior analysis services in this state  must  be  licensed  or
 certified  pursuant  to  article  167  of  the education law to practice
 applied behavior analysis in this  state.  EACH  PARTNER  OF  A  FOREIGN
 LIMITED  LIABILITY PARTNERSHIP FORMED TO PROVIDE INTEGRATED, MULTIDISCI-
 PLINARY MEDICAL SERVICES DEFINED IN ARTICLE 131  OF  THE  EDUCATION  LAW
 WITH  OPTOMETRY AND/OR OPHTHALMIC DISPENSING SERVICES DEFINED IN ARTICLE
 143 AND/OR ARTICLE 144 OF THE EDUCATION LAW, (I) MUST BE LICENSED PURSU-
 ANT TO ARTICLE 131 AND CERTIFIED BY THE AMERICAN BOARD OF OPHTHALMOLOGY,
 AND/OR LICENSED PURSUANT TO ARTICLE 143 AND/OR ARTICLE 144 OF THE EDUCA-
 TION LAW TO PRACTICE ONE OR MORE OF SUCH PROFESSIONS IN THIS STATE;  AND
 (II)  SHALL  ONLY  PRACTICE HIS OR HER PROFESSION AS SPECIFIED IN HIS OR
 HER RESPECTIVE PROFESSIONAL ENABLING STATUTE UNDER ARTICLE 131,  ARTICLE
 143,  OR  ARTICLE  144 OF THE EDUCATION LAW. 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 NOT LICENSED UNDER ARTICLE 131 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 143 AND/OR ARTICLE 144 OF THE EDUCA-
 TION  LAW TO PRACTICE BEYOND THE SCOPE OF HIS OR HER LICENSE UNDER ARTI-
 CLE 143 AND/OR ARTICLE 144 OF THE  EDUCATION  LAW,  EVEN  IF  SUPERVISED
 DIRECTLY OR INDIRECTLY BY A PROFESSIONAL LICENSED UNDER ARTICLE 131.
   §  7.  Subdivision  1  of  section  2801  of the public health law, as
 amended by chapter 397 of the laws  of  2016,  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, or,  in  the
 case  of  a  midwifery  birth  center, of a midwife, for the prevention,
 diagnosis or treatment of human  disease,  pain,  injury,  deformity  or
 physical  condition,  including, but not limited to, a general hospital,
 public health center, diagnostic center, treatment center, dental  clin-
 ic,  dental dispensary, rehabilitation center other than a facility used
 solely for vocational rehabilitation, nursing home, tuberculosis  hospi-
 tal,  chronic  disease  hospital,  maternity  hospital,  midwifery birth
 center,  lying-in-asylum,  out-patient  department,  out-patient  lodge,
 dispensary  and  a laboratory or central service facility serving one or
 more such institutions, but the  term  hospital  shall  not  include  an
 institution, sanitarium or other facility engaged principally in provid-
 ing  services for the prevention, diagnosis or treatment of mental disa-
 bility and which is subject to the powers  of  visitation,  examination,
 inspection  and investigation of the department of mental hygiene except

 A. 7474                            10
 
 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 reli-
 gious  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.
   § 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  AN  OPTOMETRIST  AND/OR  OPHTHALMIC
 DISPENSER  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;
   § 9. Section 6509-a of the education law, as amended by chapter 555 of
 the laws of 1993, is amended to read as follows:
   § 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,
 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-

 A. 7474                            11
 
 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  AN  INTEGRATED, MULTIDISCIPLINARY MEDICAL AND OPTOMETRY
 AND/OR OPHTHALMIC DISPENSING 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, SUBDIVISION (Q) OF SECTION 121-1500 OF THE
 PARTNERSHIP LAW, OR SUBDIVISION (Q) OF SECTION 121-1502 OF THE  PARTNER-
 SHIP 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 indemnity 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 indem-
 nity corporation and to the subscriber statements itemizing the services
 rendered by each such professional and the charges therefor.
   § 10. Section 6531 of the education law, as amended by chapter 555  of
 the laws of 1993, is amended to read as follows:
   § 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,

 A. 7474                            12
 
 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 AN INTEGRATED,  MULTIDISCIPLI-
 NARY  MEDICAL AND OPTOMETRY AND/OR OPHTHALMIC DISPENSING 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, SUBDIVI-
 SION (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 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, 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  state-
 ments  itemizing the services rendered by each such professional and the
 charges therefor.
   § 11. This act shall take effect on the thirtieth day after  it  shall
 have become a law.