The New York State Senate

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

                                  3386

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                            February 6, 2019
                               ___________

Introduced by Sens. KAPLAN, FUNKE -- read twice and ordered printed, and
  when printed to be committed to the Committee on Higher Education

AN ACT to amend the education law, the county law, the limited liability
  company  law  and the partnership law, in relation to the licensing of
  professional and clinical music therapists

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

  Section  1. The education law is amended by adding a new article 163-A
to read as follows:
                              ARTICLE 163-A
                              MUSIC THERAPY
SECTION 8450. INTRODUCTION.
        8451. DEFINITIONS.
        8452. AUTHORIZED PRACTICE AND THE USE OF  THE  TITLES  "LICENSED
                PROFESSIONAL  MUSIC  THERAPIST"  AND  "LICENSED CLINICAL
                MUSIC THERAPIST".
        8453. STATE BOARD FOR MUSIC THERAPY.
        8454. REQUIREMENTS FOR A LICENSE.
        8455. LIMITED PERMITS.
        8456. EXEMPTIONS.
        8457. SPECIAL PROVISIONS.
        8458. BOUNDARIES OF PROFESSIONAL COMPETENCY.
        8459. MANDATORY CONTINUING COMPETENCY.
  § 8450. INTRODUCTION. THIS ARTICLE APPLIES TO THE PROFESSION AND PRAC-
TICE OF MUSIC THERAPY, AND TO THE USE OF THE  TITLES  "LICENSED  PROFES-
SIONAL  MUSIC  THERAPIST"  AND "LICENSED CLINICAL MUSIC THERAPIST".  THE
GENERAL PROVISIONS FOR ALL PROFESSIONS CONTAINED IN ARTICLE ONE  HUNDRED
THIRTY OF THIS TITLE APPLY TO THIS ARTICLE.
  §  8451.  DEFINITIONS.  1.  (A)  THE PRACTICE OF LICENSED PROFESSIONAL
MUSIC THERAPY SHALL MEAN THE CLINICAL AND EVIDENCE-BASED  USE  OF  MUSIC
INTERVENTIONS  TO ACCOMPLISH INDIVIDUALIZED GOALS FOR PEOPLE OF ALL AGES

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

                                                           LBD05328-01-9

S. 3386                             2

AND ABILITY LEVELS WITHIN A THERAPEUTIC RELATIONSHIP, THROUGH THE DEVEL-
OPMENT OF MUSIC THERAPY  TREATMENT  PLANS  SPECIFIC  TO  THE  NEEDS  AND
STRENGTHS OF THE CLIENT WHO MAY BE SEEN INDIVIDUALLY AND/OR IN GROUPS.
  (B)  A  LICENSED  PROFESSIONAL MUSIC THERAPIST USES INTERVENTIONS THAT
MAY INCLUDE MUSIC IMPROVISATION, RECEPTIVE MUSIC LISTENING,  SONG  WRIT-
ING,  LYRIC  DISCUSSION,  MUSIC AND IMAGERY, SINGING, MUSIC PERFORMANCE,
LEARNING THROUGH MUSIC, MUSIC COMBINED WITH OTHER  ARTS,  MUSIC-ASSISTED
RELAXATION,  MUSIC-BASED EDUCATION, ELECTRONIC MUSIC TECHNOLOGY, ADAPTED
MUSIC INTERVENTIONS AND MOVEMENT TO MUSIC.
  (C) THE PRACTICE OF  LICENSED  PROFESSIONAL  MUSIC  THERAPY  DOES  NOT
INCLUDE THE DIAGNOSIS OR ASSESSMENT OF ANY PHYSICAL, MENTAL, OR COMMUNI-
CATION DISORDER.
  2. (A) THE PRACTICE OF LICENSED CLINICAL MUSIC THERAPY ENCOMPASSES THE
SCOPE  OF  PRACTICE OF LICENSED PROFESSIONAL MUSIC THERAPY AND, IN ADDI-
TION, INCLUDES THE ASSESSMENT, EVALUATION, AND  THE  THERAPEUTIC  INTER-
VENTION  AND TREATMENT, WHICH MAY BE EITHER PRIMARY, PARALLEL OR ADJUNC-
TIVE, OF  MENTAL,  EMOTIONAL,  DEVELOPMENTAL  AND  BEHAVIORAL  DISORDERS
THROUGH THE USE OF MUSIC AS APPROVED BY THE DEPARTMENT.
  (B)  LICENSED CLINICAL MUSIC THERAPISTS USE ASSESSMENT INSTRUMENTS AND
MENTAL HEALTH COUNSELING AND PSYCHOTHERAPY  TO  IDENTIFY,  EVALUATE  AND
TREAT  DYSFUNCTIONS  AND DISORDERS FOR PURPOSES OF PROVIDING APPROPRIATE
CLINICAL MUSIC THERAPY SERVICES.
  3. PSYCHOTHERAPY MEANS THE TREATMENT OF  MENTAL,  NERVOUS,  EMOTIONAL,
BEHAVIORAL  AND  ADDICTIVE  DISORDERS,  AND  AILMENTS BY THE USE OF BOTH
VERBAL AND BEHAVIORAL METHODS OF INTERVENTION IN INTERPERSONAL RELATION-
SHIPS WITH THE INTENT OF ASSISTING  THE  PERSONS  TO  MODIFY  ATTITUDES,
THINKING,  EFFECT,  AND  BEHAVIOR WHICH ARE INTELLECTUALLY, SOCIALLY AND
EMOTIONALLY MALADAPTIVE.
  § 8452. AUTHORIZED PRACTICE  AND  THE  USE  OF  THE  TITLES  "LICENSED
PROFESSIONAL  MUSIC  THERAPIST" AND "LICENSED CLINICAL MUSIC THERAPIST".
1. (A) ONLY A PERSON LICENSED OR EXEMPT UNDER THIS ARTICLE  SHALL  PRAC-
TICE "LICENSED PROFESSIONAL MUSIC THERAPY" AS DEFINED IN SUBDIVISION ONE
OF SECTION EIGHTY-FOUR HUNDRED FIFTY-ONE OF THIS ARTICLE.
  (B)  ONLY  A  PERSON  LICENSED  PURSUANT TO SUBDIVISION ONE OF SECTION
EIGHTY-FOUR HUNDRED FIFTY-FOUR OF  THIS  ARTICLE  SHALL  USE  THE  TITLE
"LICENSED PROFESSIONAL MUSIC THERAPIST" OR THE DESIGNATION "LPMT".
  2. (A) ONLY A PERSON LICENSED OR EXEMPT UNDER THIS ARTICLE SHALL PRAC-
TICE  "LICENSED CLINICAL MUSIC THERAPY" AS DEFINED IN SUBDIVISION TWO OF
SECTION EIGHTY-FOUR HUNDRED FIFTY-ONE OF THIS ARTICLE.
  (B) ONLY A PERSON LICENSED PURSUANT  TO  SUBDIVISION  TWO  OF  SECTION
EIGHTY-FOUR  HUNDRED  FIFTY-FOUR  OF  THIS  ARTICLE  SHALL USE THE TITLE
"LICENSED CLINICAL MUSIC THERAPIST" OR THE DESIGNATION "LCMT".
  § 8453. STATE BOARD FOR MUSIC THERAPY. A STATE BOARD FOR MUSIC THERAPY
"THE BOARD", SHALL BE APPOINTED BY THE BOARD OF REGENTS  ON  RECOMMENDA-
TION  OF  THE  COMMISSIONER  FOR  THE  PURPOSE OF ASSISTING THE BOARD OF
REGENTS AND THE DEPARTMENT ON MATTERS OF PROFESSIONAL  LICENSING,  PRAC-
TICE, AND CONDUCT IN ACCORDANCE WITH SECTION SIXTY-FIVE HUNDRED EIGHT OF
THIS TITLE. THE BOARD SHALL BE COMPOSED OF NOT LESS THAN TWELVE MEMBERS,
OF  WHICH  FIVE  SHALL  BE  LICENSED PROFESSIONAL MUSIC THERAPISTS, FIVE
SHALL BE LICENSED CLINICAL MUSIC THERAPISTS, AND TWO SHALL BE MEMBERS OF
THE PUBLIC. MEMBERS OF THE FIRST BOARD NEED NOT  BE  LICENSED  PRIOR  TO
THEIR APPOINTMENT TO THE BOARD. THE TERMS OF THE FIRST APPOINTED MEMBERS
SHALL  BE STAGGERED SO THAT FOUR ARE APPOINTED FOR THREE YEARS, FOUR ARE
APPOINTED FOR FOUR YEARS, AND FOUR ARE  APPOINTED  FOR  FIVE  YEARS.  AN
EXECUTIVE  SECRETARY  TO  THE  BOARD  SHALL BE APPOINTED BY THE BOARD OF

S. 3386                             3

REGENTS ON RECOMMENDATION OF THE  COMMISSIONER  AND  SHALL  BE  LICENSED
PURSUANT TO THIS ARTICLE.
  §  8454.  REQUIREMENTS FOR A LICENSE. 1. TO QUALIFY FOR A LICENSE AS A
"LICENSED PROFESSIONAL MUSIC THERAPIST," AN APPLICANT SHALL FULFILL  THE
FOLLOWING REQUIREMENTS:
  (A) APPLICATION: FILE AN APPLICATION WITH THE DEPARTMENT;
  (B)  EDUCATION:  HAVE RECEIVED AN EDUCATION, INCLUDING A BACCALAUREATE
DEGREE IN MUSIC THERAPY FROM A PROGRAM REGISTERED BY THE  DEPARTMENT  OR
DETERMINED  BY  THE DEPARTMENT TO BE THE SUBSTANTIAL EQUIVALENT THEREOF,
IN ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS;
  (C) EXPERIENCE: HAVE COMPLETED AT LEAST TWELVE HUNDRED HOURS OF SUPER-
VISED CLINICAL TRAINING EXPERIENCE IN MUSIC THERAPY, WITH NOT LESS  THAN
ONE  HUNDRED EIGHTY HOURS OF PRE-INTERNSHIP EXPERIENCE AND NOT LESS THAN
NINE HUNDRED HOURS OF INTERNSHIP EXPERIENCE, SATISFACTORY TO THE DEPART-
MENT AND IN ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS;
  (D) EXAMINATION: PROVIDE PROOF OF PASSING  A  NATIONAL  BOARD  CERTIF-
ICATION  EXAMINATION  OR  PROVIDE  PROOF  OF  BEING  TRANSITIONED INTO A
NATIONAL BOARD CERTIFICATION CREDENTIAL, SATISFACTORY TO THE  BOARD  AND
IN  ACCORDANCE  WITH THE COMMISSIONER'S REGULATIONS, CURRENTLY AVAILABLE
TO MUSIC THERAPISTS WHO HAVE MET THE  EDUCATION  AND  CLINICAL  TRAINING
STANDARDS OF THE PROFESSION;
  (E) AGE: BE AT LEAST TWENTY-ONE YEARS OF AGE;
  (F) CHARACTER: BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE DEPART-
MENT; AND
  (G) FEES: PAY A FEE OF ONE HUNDRED SEVENTY-FIVE DOLLARS FOR AN INITIAL
LICENSE  AND  A  FEE  OF  ONE HUNDRED SEVENTY DOLLARS FOR EACH TRIENNIAL
REGISTRATION PERIOD.
  2. TO QUALIFY FOR A LICENSE AS A "LICENSED CLINICAL MUSIC  THERAPIST,"
AN APPLICANT SHALL FULFILL THE FOLLOWING REQUIREMENTS:
  (A) APPLICATION: FILE AN APPLICATION WITH THE DEPARTMENT;
  (B) EDUCATION: HAVE RECEIVED AN EDUCATION, INCLUDING A MASTER'S DEGREE
OR  HIGHER IN MUSIC THERAPY OR A RELATED FIELD FROM A PROGRAM REGISTERED
BY THE DEPARTMENT OR DETERMINED BY THE DEPARTMENT TO BE THE  SUBSTANTIAL
EQUIVALENT  THEREOF,  IN ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS.
THE GRADUATE COURSEWORK SHALL  INCLUDE,  BUT  NOT  BE  LIMITED  TO,  THE
FOLLOWING AREAS:
  (I) HUMAN GROWTH AND DEVELOPMENT;
  (II) THEORIES IN MUSIC THERAPY;
  (III) GROUP DYNAMICS;
  (IV) ASSESSMENT AND APPRAISAL OF INDIVIDUALS AND GROUPS;
  (V) RESEARCH AND PROGRAM EVALUATION;
  (VI) PROFESSIONAL ORIENTATION AND ETHICS;
  (VII) FOUNDATIONS OF MUSIC THERAPY AND PSYCHOPATHOLOGY;
  (VIII) CLINICAL INSTRUCTION;
  (C) EXPERIENCE: HAVE COMPLETED AT LEAST FIFTEEN HUNDRED HOURS OF POST-
MASTER'S  SUPERVISED  EXPERIENCE  IN  MUSIC  THERAPY SATISFACTORY TO THE
DEPARTMENT AND IN ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS. SATIS-
FACTORY EXPERIENCE OBTAINED IN AN ENTITY OPERATING UNDER A WAIVER ISSUED
BY THE DEPARTMENT PURSUANT TO SECTION SIXTY-FIVE HUNDRED THREE-A OF THIS
TITLE MAY BE ACCEPTED BY THE DEPARTMENT, NOTWITHSTANDING THAT SUCH EXPE-
RIENCE MAY HAVE BEEN OBTAINED  PRIOR  TO  THE  EFFECTIVE  DATE  OF  SUCH
SECTION  AND/OR  PRIOR  TO  THE  ENTITY  HAVING OBTAINED A WAIVER.   THE
DEPARTMENT MAY, FOR GOOD CAUSE  SHOWN,  ACCEPT  SATISFACTORY  EXPERIENCE
THAT WAS OBTAINED IN A SETTING THAT WOULD HAVE BEEN ELIGIBLE FOR A WAIV-
ER BUT WHICH HAS NOT OBTAINED A WAIVER FROM THE DEPARTMENT OR EXPERIENCE
THAT  WAS  OBTAINED IN GOOD FAITH BY THE APPLICANT UNDER THE BELIEF THAT

S. 3386                             4

APPROPRIATE AUTHORIZATION HAD BEEN OBTAINED FOR THE EXPERIENCE, PROVIDED
THAT SUCH EXPERIENCE MEETS ALL OTHER REQUIREMENTS FOR ACCEPTABLE EXPERI-
ENCE;
  (D)  EXAMINATION:  PROVIDE  PROOF  OF PASSING A NATIONAL BOARD CERTIF-
ICATION EXAMINATION OR  PROVIDE  PROOF  OF  BEING  TRANSITIONED  INTO  A
NATIONAL  BOARD  CERTIFICATION CREDENTIAL, SATISFACTORY TO THE BOARD AND
IN ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS,  CURRENTLY  AVAILABLE
TO  MUSIC  THERAPISTS  WHO  HAVE MET THE EDUCATION AND CLINICAL TRAINING
STANDARDS OF THE PROFESSION;
  (E) AGE: BE AT LEAST TWENTY-ONE YEARS OF AGE;
  (F) CHARACTER: BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE DEPART-
MENT; AND
  (G) FEES: PAY A FEE OF ONE HUNDRED SEVENTY-FIVE DOLLARS FOR AN INITIAL
LICENSE AND A FEE OF ONE HUNDRED  SEVENTY  DOLLARS  FOR  EACH  TRIENNIAL
REGISTRATION PERIOD.
  §  8455.  LIMITED  PERMITS.  1.  ON  RECOMMENDATION  OF THE BOARD, THE
DEPARTMENT MAY ISSUE A LIMITED PERMIT TO PRACTICE LICENSED  PROFESSIONAL
MUSIC  THERAPY  AND USE THE TITLE LICENSED PROFESSIONAL MUSIC THERAPIST,
OR TO PRACTICE  LICENSED  CLINICAL  MUSIC  THERAPY  AND  USE  THE  TITLE
LICENSED  CLINICAL  MUSIC  THERAPIST  TO  AN  APPLICANT  WHO HAS MET ALL
REQUIREMENTS FOR LICENSURE AS A LICENSED PROFESSIONAL MUSIC THERAPIST OR
LICENSED CLINICAL MUSIC THERAPIST EXCEPT THOSE RELATING TO THE  EXAMINA-
TION  AND  PROVIDED THAT THE INDIVIDUAL IS UNDER THE GENERAL SUPERVISION
OF A PROFESSIONAL SUPERVISOR, AS  DETERMINED  BY  THE  DEPARTMENT.  THIS
LIMITED  PERMIT SHALL BE VALID FOR A PERIOD OF NOT MORE THAN TWENTY-FOUR
MONTHS; SUCH LIMITED PERMITS MAY BE RENEWED, AT THE  DISCRETION  OF  THE
DEPARTMENT, FOR UP TO TWO ADDITIONAL ONE-YEAR PERIODS.
  2. THE FEE FOR EACH LIMITED PERMIT SHALL BE SEVENTY DOLLARS.
  §  8456.  EXEMPTIONS.  NOTHING  CONTAINED  IN  THIS  ARTICLE  SHALL BE
CONSTRUED TO:
  1. APPLY TO THE PRACTICE, CONDUCT, ACTIVITIES, SERVICES OR USE OF  ANY
TITLE  BY  ANY PERSON LICENSED OR OTHERWISE AUTHORIZED TO PRACTICE MEDI-
CINE WITHIN THE STATE PURSUANT TO ARTICLE ONE HUNDRED THIRTY-ONE OF THIS
TITLE OR BY ANY PERSON REGISTERED TO PERFORM  SERVICES  AS  A  PHYSICIAN
ASSISTANT  WITHIN THE STATE PURSUANT TO ARTICLE ONE HUNDRED THIRTY-ONE-B
OF THIS TITLE OR BY ANY PERSON LICENSED OR OTHERWISE AUTHORIZED TO PRAC-
TICE PSYCHOLOGY WITHIN  THIS  STATE  PURSUANT  TO  ARTICLE  ONE  HUNDRED
FIFTY-THREE OF THIS TITLE OR BY ANY PERSON LICENSED OR OTHERWISE AUTHOR-
IZED  TO  PRACTICE SOCIAL WORK WITHIN THIS STATE PURSUANT TO ARTICLE ONE
HUNDRED FIFTY-FOUR OF THIS TITLE, OR BY ANY PERSON LICENSED OR OTHERWISE
AUTHORIZED TO PRACTICE NURSING AS A  REGISTERED  PROFESSIONAL  NURSE  OR
NURSE  PRACTITIONER  WITHIN  THIS  STATE PURSUANT TO ARTICLE ONE HUNDRED
THIRTY-NINE OF THIS TITLE OR BY ANY PERSON LICENSED OR OTHERWISE AUTHOR-
IZED TO PRACTICE APPLIED BEHAVIOR ANALYSIS WITHIN THE STATE PURSUANT  TO
ARTICLE ONE HUNDRED SIXTY-SEVEN OF THIS TITLE, OR BY ANY PERSON LICENSED
OR  OTHERWISE  AUTHORIZED TO PRACTICE MENTAL HEALTH COUNSELING, MARRIAGE
AND FAMILY THERAPY, CREATIVE ARTS THERAPY, OR PSYCHOANALYSIS WITHIN  THE
STATE  PURSUANT  TO  ARTICLE  ONE  HUNDRED  SIXTY-THREE  OF  THIS TITLE;
PROVIDED, HOWEVER, THAT NO PHYSICIAN, PHYSICIAN'S ASSISTANT,  REGISTERED
PROFESSIONAL  NURSE,  NURSE  PRACTITIONER, PSYCHOLOGIST, LICENSED MASTER
SOCIAL  WORKER,  LICENSED  CLINICAL  SOCIAL  WORKER,  LICENSED  BEHAVIOR
ANALYST,  CERTIFIED  BEHAVIOR  ANALYST ASSISTANT, LICENSED MENTAL HEALTH
COUNSELOR, LICENSED MARRIAGE AND  FAMILY  THERAPIST,  LICENSED  CREATIVE
ARTS  THERAPIST,  OR LICENSED PSYCHOANALYST MAY USE THE TITLES "LICENSED
PROFESSIONAL MUSIC THERAPIST," OR "LICENSED CLINICAL  MUSIC  THERAPIST,"
UNLESS LICENSED UNDER THIS ARTICLE.

S. 3386                             5

  2. PROHIBIT OR LIMIT ANY INDIVIDUAL WHO IS CREDENTIALED UNDER ANY LAW,
INCLUDING  ATTORNEYS, RAPE CRISIS COUNSELORS, CERTIFIED ALCOHOLISM COUN-
SELORS AND CERTIFIED SUBSTANCE ABUSE COUNSELORS  FROM  PROVIDING  MENTAL
HEALTH SERVICES WITHIN THEIR RESPECTIVE ESTABLISHED AUTHORITIES.
  3. PROHIBIT OR LIMIT THE PRACTICE OF A PROFESSION LICENSED PURSUANT TO
THIS  ARTICLE  BY  A  STUDENT,  INTERN OR RESIDENT IN, AND AS PART OF, A
SUPERVISED EDUCATIONAL PROGRAM IN AN INSTITUTION APPROVED BY THE DEPART-
MENT.
  4. PROHIBIT OR LIMIT THE PROVISION OF PASTORAL COUNSELING SERVICES  BY
ANY  MEMBER  OF THE CLERGY OR CHRISTIAN SCIENCE PRACTITIONER, WITHIN THE
CONTEXT OF HIS OR HER MINISTERIAL CHARGE OR OBLIGATION.
  5. PROHIBIT OR LIMIT INDIVIDUALS, CHURCHES, SCHOOLS, TEACHERS,  ORGAN-
IZATIONS,  OR  NOT-FOR-PROFIT  BUSINESSES,  FROM  PROVIDING INSTRUCTION,
ADVICE, SUPPORT, ENCOURAGEMENT, OR INFORMATION TO INDIVIDUALS, FAMILIES,
AND RELATIONAL GROUPS.
  6. PROHIBIT OR LIMIT AN OCCUPATIONAL THERAPIST  FROM  PERFORMING  WORK
CONSISTENT WITH ARTICLE ONE HUNDRED FIFTY-SIX OF THIS TITLE.
  7.  PROHIBIT  OR  LIMIT  ANY  INDIVIDUAL  WHOSE  TRAINING AND NATIONAL
CERTIFICATION ATTESTS TO THE INDIVIDUAL'S  PREPARATION  AND  ABILITY  TO
PRACTICE  HIS  OR HER CERTIFIED PROFESSION OR OCCUPATION, IF THAT PERSON
DOES NOT REPRESENT HIMSELF OR HERSELF AS A LICENSED  PROFESSIONAL  MUSIC
THERAPIST OR LICENSED CLINICAL MUSIC THERAPIST.
  §  8457.  SPECIAL  PROVISIONS.  1.  THIS  SECTION  SHALL  APPLY TO ALL
PROFESSIONS  LICENSED  PURSUANT  TO  THIS  ARTICLE,   UNLESS   OTHERWISE
PROVIDED.
  2.  ANY NONEXEMPT PERSON PRACTICING A PROFESSION TO BE LICENSED PURSU-
ANT TO THIS ARTICLE SHALL APPLY FOR A LICENSE UNDER THIS ARTICLE  WITHIN
ONE YEAR OF THE EFFECTIVE DATE OF THIS ARTICLE.  IF SUCH PERSON DOES NOT
MEET  THE  REQUIREMENTS  FOR  A LICENSE ESTABLISHED WITHIN THIS ARTICLE,
SUCH PERSON MAY MEET ALTERNATIVE CRITERIA DETERMINED BY  THE  DEPARTMENT
TO BE THE SUBSTANTIAL EQUIVALENT OF SUCH CRITERIA.
  3.  ANY  PERSON  WHO HOLDS AN ACTIVE BOARD CERTIFICATION CREDENTIAL IN
MUSIC THERAPY FROM A NATIONAL CERTIFICATION  BODY  HAVING  CERTIFICATION
STANDARDS ACCEPTABLE TO THE COMMISSIONER SHALL BE LICENSED AS A LICENSED
PROFESSIONAL MUSIC THERAPIST ON THE EFFECTIVE DATE OF THIS SECTION WITH-
OUT   MEETING  ANY  ADDITIONAL  EDUCATION,  EXPERIENCE,  OR  EXAMINATION
REQUIREMENTS.
  4. ANY PERSON WHO HOLDS AN ACTIVE BOARD  CERTIFICATION  CREDENTIAL  IN
MUSIC  THERAPY  FROM  A NATIONAL CERTIFICATION BODY HAVING CERTIFICATION
STANDARDS ACCEPTABLE TO THE COMMISSIONER AND A MASTER'S DEGREE IN  MUSIC
THERAPY  OR  A  RELATED  FIELD  SHALL BE LICENSED AS A LICENSED CLINICAL
MUSIC THERAPIST ON THE EFFECTIVE DATE OF THIS  SECTION  WITHOUT  MEETING
ANY ADDITIONAL EDUCATION, EXPERIENCE, OR EXAMINATION REQUIREMENTS.
  5.  ANY  PERSON  WHO  IS LICENSED AS A CREATIVE ARTS THERAPIST AND WHO
POSSESSES A MINIMUM OF A BACHELOR'S  DEGREE  IN  MUSIC  THERAPY  OR  ITS
EQUIVALENT  ON THE EFFECTIVE DATE OF THIS SECTION SHALL BE LICENSED AS A
LICENSED CLINICAL MUSIC THERAPIST WITHOUT MEETING ANY ADDITIONAL  EDUCA-
TION, EXPERIENCE, OR EXAMINATION REQUIREMENTS.
  6.  ANY  PERSON  WHO  POSSESSES A MINIMUM OF A BACCALAUREATE DEGREE IN
MUSIC THERAPY ON THE EFFECTIVE DATE OF THIS SECTION, WHO HAS  TEN  YEARS
OF  POST-GRADUATE  MUSIC  THERAPY  EMPLOYMENT  AND HOLDS AN ACTIVE BOARD
CERTIFICATION CREDENTIAL IN MUSIC THERAPY FROM A NATIONAL  CERTIFICATION
BODY  OR  HOLDS AN ACTIVE CERTIFICATION OR REGISTRATION IN MUSIC THERAPY
FROM A NATIONAL CERTIFYING OR REGISTERING BODY HAVING  CERTIFICATION  OR
REGISTRATION  STANDARDS  ACCEPTABLE  TO  THE COMMISSIONER, AND MEETS THE
REQUIREMENTS FOR A LICENSE PURSUANT TO THIS ARTICLE, EXCEPT FOR EXAMINA-

S. 3386                             6

TION, AND WHO FILES WITH THE DEPARTMENT WITHIN ONE YEAR OF THE EFFECTIVE
DATE OF THIS SECTION, SHALL BE LICENSED AS  A  LICENSED  CLINICAL  MUSIC
THERAPIST.
  7.  ANY  PERSON  WHO POSSESSES A MASTER'S DEGREE IN MUSIC THERAPY OR A
RELATED FIELD ON THE EFFECTIVE DATE OF THIS SECTION, WHO HAS FIVE  YEARS
OF  POST-GRADUATE  MUSIC  THERAPY  EMPLOYMENT  AND HOLDS AN ACTIVE BOARD
CERTIFICATION CREDENTIAL IN MUSIC THERAPY FROM A NATIONAL  CERTIFICATION
BODY  OR  HOLDS AN ACTIVE CERTIFICATION OR REGISTRATION IN MUSIC THERAPY
FROM A NATIONAL CERTIFYING OR REGISTERING BODY HAVING  CERTIFICATION  OR
REGISTRATION  STANDARDS  ACCEPTABLE  TO  THE COMMISSIONER, AND MEETS THE
REQUIREMENTS FOR A LICENSE PURSUANT TO THIS ARTICLE, EXCEPT FOR EXAMINA-
TION, AND WHO FILES WITH THE DEPARTMENT WITHIN ONE YEAR OF THE EFFECTIVE
DATE OF THIS SECTION, SHALL BE LICENSED AS  A  LICENSED  CLINICAL  MUSIC
THERAPIST.
  8. ANY PERSON LICENSED PURSUANT TO THIS ARTICLE MAY USE ACCEPTED CLAS-
SIFICATIONS  OF SIGNS, SYMPTOMS, DYSFUNCTIONS AND DISORDERS, AS APPROVED
IN ACCORDANCE WITH REGULATIONS PROMULGATED BY  THE  DEPARTMENT,  IN  THE
PRACTICE OF SUCH LICENSED PROFESSION.
  §  8458.  BOUNDARIES OF PROFESSIONAL COMPETENCY. 1. IT SHALL BE DEEMED
PRACTICING OUTSIDE THE BOUNDARIES OF HIS OR HER PROFESSIONAL  COMPETENCE
FOR A PERSON LICENSED PURSUANT TO THIS ARTICLE, IN THE CASE OF TREATMENT
OF  ANY SERIOUS MENTAL ILLNESS, TO PROVIDE ANY MENTAL HEALTH SERVICE FOR
SUCH ILLNESS ON A CONTINUOUS AND SUSTAINED BASIS WITHOUT A MEDICAL EVAL-
UATION OF THE ILLNESS BY, AND IN CONSULTATION WITH, A PHYSICIAN  REGARD-
ING  SUCH  ILLNESS. SUCH MEDICAL EVALUATION AND CONSULTATION SHALL BE TO
DETERMINE AND ADVISE WHETHER ANY MEDICAL  CARE  IS  INDICATED  FOR  SUCH
ILLNESS.  FOR  PURPOSES  OF THIS SECTION, "SERIOUS MENTAL ILLNESS" MEANS
SCHIZOPHRENIA, SCHIZOAFFECTIVE DISORDER, BIPOLAR DISORDER, MAJOR DEPRES-
SIVE DISORDER, PANIC  DISORDER,  OBSESSIVE-COMPULSIVE  DISORDER,  ATTEN-
TION-DEFICIT HYPERACTIVITY DISORDER AND AUTISM SPECTRUM DISORDER.
  2.  ANY INDIVIDUAL WHOSE LICENSE OR AUTHORITY TO PRACTICE DERIVES FROM
THE PROVISIONS OF THIS ARTICLE SHALL BE PROHIBITED FROM:
  (A) PRESCRIBING OR ADMINISTERING DRUGS AS DEFINED IN THIS CHAPTER AS A
TREATMENT, THERAPY, OR PROFESSIONAL SERVICE IN THE PRACTICE  OF  HIS  OR
HER PROFESSION; OR
  (B) USING INVASIVE PROCEDURES AS A TREATMENT, THERAPY, OR PROFESSIONAL
SERVICE  IN  THE PRACTICE OF HIS OR HER PROFESSION. 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 SURGERY, LASERS, IONIZING  RADIATION,
THERAPEUTIC ULTRASOUND, OR ELECTROCONVULSIVE THERAPY.
  §  8459. MANDATORY CONTINUING COMPETENCY. 1. (A) EACH LICENSED PROFES-
SIONAL MUSIC THERAPIST OR LICENSED CLINICAL MUSIC THERAPIST SHALL REGIS-
TER TRIENNIALLY WITH THE DEPARTMENT TO PRACTICE IN THE  STATE  AND  MUST
COMPLY  WITH  THE  PROVISIONS  OF  THE  MANDATORY  CONTINUING COMPETENCY
REQUIREMENTS PRESCRIBED IN THIS SECTION, EXCEPT  AS  PROVIDED  IN  PARA-
GRAPHS  (B)  AND  (C)  OF THIS SUBDIVISION. THOSE 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  PERSON  MAY  PRACTICE
WITHOUT  HAVING  MET  SUCH  REQUIREMENTS IF HE OR SHE IS ISSUED A CONDI-
TIONAL REGISTRATION PURSUANT TO SUBDIVISION FOUR OF THIS SECTION.
  (B) EACH LICENSED PROFESSIONAL MUSIC THERAPIST  OR  LICENSED  CLINICAL
MUSIC THERAPIST SHALL BE EXEMPT FROM THE MANDATORY CONTINUING COMPETENCY
REQUIREMENT  FOR THE TRIENNIAL REGISTRATION PERIOD DURING WHICH THEY ARE
FIRST  LICENSED.  ADJUSTMENT  TO  THE  MANDATORY  CONTINUING  COMPETENCY

S. 3386                             7

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 PROFESSIONAL MUSIC THERAPIST OR LICENSED CLINICAL MUSIC
THERAPIST 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 MUSIC THERAPY DURING
THE  TRIENNIAL  REGISTRATION PERIOD SHALL NOTIFY THE DEPARTMENT PRIOR TO
REENTERING THE PROFESSION  AND  SHALL  MEET  SUCH  MANDATORY  CONTINUING
COMPETENCY  REQUIREMENTS  AS  SHALL  BE PRESCRIBED BY REGULATIONS OF THE
COMMISSIONER.
  2. AT THE END OF EACH TRIENNIAL REGISTRATION PERIOD, AN APPLICANT  FOR
RE-REGISTRATION  AS  A LICENSED PROFESSIONAL MUSIC THERAPIST OR LICENSED
CLINICAL MUSIC THERAPIST MUST PROVIDE PROOF OF HOLDING AN  ACTIVE  BOARD
CERTIFICATION  CREDENTIAL IN MUSIC THERAPY FROM A NATIONAL CERTIFICATION
BODY HAVING CERTIFICATION STANDARDS ACCEPTABLE TO THE COMMISSIONER.
  3. (A) DURING EACH TRIENNIAL  REGISTRATION  PERIOD  AN  APPLICANT  FOR
REGISTRATION  AS  A  LICENSED  PROFESSIONAL  MUSIC THERAPIST OR LICENSED
CLINICAL MUSIC THERAPIST SHALL COMPLETE A MINIMUM OF THIRTY-SIX HOURS OF
ACCEPTABLE LEARNING ACTIVITIES WHICH  CONTRIBUTE  TO  CONTINUING  COMPE-
TENCE,  AS  SPECIFIED  IN SUBDIVISION FOUR OF THIS SECTION. A MAXIMUM OF
TWELVE HOURS OF THE THIRTY-SIX HOURS MAY BE  SELF-INSTRUCTIONAL  COURSE-
WORK  ACCEPTABLE  TO  THE  DEPARTMENT. AT LEAST TWENTY-FOUR HOURS OF THE
THIRTY-SIX HOURS SHALL BE IN AREAS OF STUDY PERTINENT TO  THE  SCOPE  OF
PRACTICE  OF  MUSIC  THERAPY. WITH THE EXCEPTION OF CONTINUING EDUCATION
HOURS TAKEN DURING THE REGISTRATION  PERIOD  IMMEDIATELY  PRECEDING  THE
EFFECTIVE  DATE OF THIS SECTION, CONTINUING EDUCATION HOURS TAKEN DURING
ONE TRIENNIUM MAY NOT BE TRANSFERRED TO A SUBSEQUENT TRIENNIUM.
  (B) THEREAFTER, A LICENSEE WHO HAS NOT SATISFIED THE MANDATORY CONTIN-
UING COMPETENCY REQUIREMENTS SHALL NOT BE ISSUED A  TRIENNIAL  REGISTRA-
TION  CERTIFICATE  BY  THE  DEPARTMENT AND SHALL NOT PRACTICE UNLESS AND
UNTIL A CONDITIONAL REGISTRATION CERTIFICATE IS ISSUED AS  PROVIDED  FOR
IN SUBDIVISION FOUR OF THIS SECTION.
  4.  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 THREE 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 CONDI-
TIONAL REGISTRATION SHALL BE THE SAME AS, AND IN ADDITION  TO,  THE  FEE
FOR THE TRIENNIAL REGISTRATION.  THE DURATION OF SUCH CONDITIONAL REGIS-
TRATION  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 DEPARTMENT, OF REQUIRED
CONTINUING COMPETENCY LEARNING ACTIVITIES AND WHO PRACTICES WITHOUT SUCH
REGISTRATION MAY BE SUBJECT  TO  DISCIPLINARY  PROCEEDINGS  PURSUANT  TO
SECTION SIXTY-FIVE HUNDRED TEN OF THIS TITLE.
  5.  AS USED IN SUBDIVISION THREE OF THIS SECTION, "ACCEPTABLE LEARNING
ACTIVITIES" SHALL MEAN ACTIVITIES WHICH CONTRIBUTE TO PROFESSIONAL PRAC-
TICE IN MUSIC THERAPY, 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,
PROFESSIONAL  DEVELOPMENT  PROGRAMS AND TECHNICAL SESSIONS, PUBLICATIONS

S. 3386                             8

IN PROFESSIONAL JOURNALS AND  PROFESSIONAL  DEVELOPMENT  PROGRAMS;  SUCH
LEARNING  ACTIVITIES  MAY  BE  OFFERED AND SPONSORED BY NATIONAL, STATE,
REGIONAL, AND LOCAL PROFESSIONAL ASSOCIATIONS AND OTHER ORGANIZATIONS OR
PARTIES  ACCEPTABLE  TO  THE  DEPARTMENT, AND ANY OTHER ORGANIZED EDUCA-
TIONAL AND TECHNICAL LEARNING ACTIVITIES ACCEPTABLE TO  THE  DEPARTMENT.
PROVIDERS  (OTHER THAN THOSE INDICATED BELOW AS EXEMPT FROM THE APPROVAL
PROCESS) MUST SUBMIT AN APPLICATION TO THE STATE BOARD FOR MUSIC  THERA-
PY. TYPES OF APPROVED PROVIDERS INCLUDE:
  (A)  ANY  HIGHER  EDUCATION  INSTITUTION THAT OFFERS PROGRAMS THAT ARE
REGISTERED IN NEW YORK STATE AS LEADING TO LICENSURE IN MUSIC THERAPY;
  (B) A NATIONAL, REGIONAL, STATE,  OR  LOCAL  SPONSOR  OR  PROVIDER  OF
COURSEWORK  OR  TRAINING  THAT IS APPROVED BY THE AMERICAN MUSIC THERAPY
ASSOCIATION (AMTA) OR THE CERTIFICATION BOARD FOR MUSIC THERAPISTS, INC.
(CBMT); POSTSECONDARY INSTITUTIONS,  OR  A  CONSORTIUM  OF  SUCH  INSTI-
TUTIONS,  THAT  OFFER  PROGRAMS THAT ARE REGISTERED AS LEADING TO EITHER
LICENSURE IN MUSIC THERAPY OR AUTHORIZATION TO PRACTICE AS A MUSIC THER-
APIST, OR EQUIVALENT PROFESSIONAL EDUCATION PROGRAMS  ACCREDITED  BY  AN
ACCEPTABLE ACCREDITING AGENCY, FOR CREDIT AND NON-CREDIT OFFERINGS;
  (C)  AN  ENTITY,  HOSPITAL  OR  HEALTH FACILITY DEFINED IN SECTION TWO
THOUSAND EIGHT HUNDRED ONE OF THE PUBLIC HEALTH LAW;
  (D) OR AN EQUIVALENT ORGANIZATION AS  DETERMINED  BY  THE  DEPARTMENT.
ORGANIZATIONS THAT FALL UNDER THE FIRST THREE PARAGRAPHS LISTED ABOVE DO
NOT HAVE TO SUBMIT A FEE OR AN APPLICATION FOR APPROVAL AS A PROVIDER OF
CONTINUING  EDUCATION  FOR MUSIC THERAPISTS. HOWEVER, THEY MUST REGISTER
WITH THE STATE BOARD FOR MUSIC THERAPY BY COMPLETING AN APPROVED PROVID-
ER REGISTRATION FORM. EDUCATIONAL INSTITUTIONS WHICH  PROVIDE  EDUCATION
AS PART OF A LICENSURE QUALIFYING PROGRAM OR SPONSORS WHO HAVE HAD THEIR
COURSE  APPROVED  BY  THE CERTIFICATION BOARD FOR MUSIC THERAPISTS, INC.
(CBMT) DO NOT NEED TO SUBMIT AN APPLICATION.  COURSES  APPROVED  BY  THE
CBMT  AUTOMATICALLY  QUALIFY FOR APPROVAL IN NEW YORK STATE. THE DEPART-
MENT MAY, IN ITS DISCRETION AND AS NEEDED TO CONTRIBUTE  TO  THE  HEALTH
AND  WELFARE  OF THE PUBLIC, REQUIRE THE COMPLETION OF CONTINUING COMPE-
TENCY LEARNING ACTIVITIES IN SPECIFIC SUBJECTS TO FULFILL THIS MANDATORY
CONTINUING COMPETENCY REQUIREMENT. LEARNING  ACTIVITIES  MUST  BE  TAKEN
FROM  A  SPONSOR APPROVED BY THE DEPARTMENT, PURSUANT TO THE REGULATIONS
OF THE COMMISSIONER.
  6. A LICENSED PROFESSIONAL MUSIC THERAPIST OR LICENSED CLINICAL  MUSIC
THERAPIST SHALL MAINTAIN ADEQUATE DOCUMENTATION OF COMPLETION OF ACCEPT-
ABLE  CONTINUING COMPETENCY ACTIVITIES AND SHALL PROVIDE SUCH DOCUMENTA-
TION AT THE REQUEST OF THE DEPARTMENT.  FAILURE TO PROVIDE SUCH DOCUMEN-
TATION UPON REQUEST OF THE DEPARTMENT SHALL  BE  AN  ACT  OF  MISCONDUCT
SUBJECT  TO  THE DISCIPLINARY PROCEEDINGS PURSUANT TO SECTION SIXTY-FIVE
HUNDRED TEN OF THIS TITLE.
  7.  THE  MANDATORY  CONTINUING  COMPETENCY  FEE  SHALL  BE  FORTY-FIVE
DOLLARS,  PAYABLE ON OR BEFORE THE FIRST DAY OF EACH TRIENNIAL REGISTRA-
TION PERIOD, AND SHALL BE PAID IN ADDITION TO THE TRIENNIAL REGISTRATION
FEE.
  § 2. Subdivision 13 of section 700 of the  county  law,  as  added  by
chapter 358 of the laws of 2012, is amended to read as follows:
  13.  In  order  to  provide  services to crime victims, witnesses, and
other persons involved in the criminal justice system,  and  to  support
crime  prevention programs, the district attorney may employ or contract
with persons licensed and registered to practice or otherwise authorized
under article one hundred fifty-three, one hundred fifty-four, [or]  one
hundred  sixty-three, OR ONE HUNDRED SIXTY-THREE-A of the education law,
or contract with entities authorized to provide the  services  specified

S. 3386                             9

in  such articles, in connection with the provision of any services that
such persons or entities are authorized to provide and that are  author-
ized by the district attorney.
  §  3. Subparagraph (i) of paragraph a and paragraph d of subdivision 1
of section 6503-a of the education law, subparagraph (i) of paragraph  a
as  amended by chapter 554 of the laws of 2013, and paragraph d as added
by chapter 130 of the laws of 2010, are amended to read as follows:
  (i) services  provided  under  article  one  hundred  fifty-four,  one
hundred  sixty-three,  ONE  HUNDRED SIXTY-THREE-A, or one hundred sixty-
seven of this title for which licensure would be required, or
  d. Such waiver shall provide that services rendered pursuant  to  this
section,  directly  or  indirectly,  shall  be provided only by a person
appropriately licensed to provide such services pursuant to article  one
hundred  thirty-one,  one  hundred thirty-nine, one hundred fifty-three,
one hundred fifty-four, [or] one hundred  sixty-three,  OR  ONE  HUNDRED
SIXTY-THREE-A  of  this  title,  or  by a person otherwise authorized to
provide such services under such articles, or by a  professional  entity
authorized by law to provide such services.
  §  4.  Paragraph c of subdivision 2 of section 6503-a of the education
law, as added by chapter 130 of the laws of 2010, is amended to read  as
follows:
  c.  an institution of higher education authorized to provide a program
leading to licensure in a profession defined under article  one  hundred
thirty-one,  one  hundred  thirty-nine,  one  hundred  fifty-three,  one
hundred fifty-four [or] one hundred sixty-three, OR ONE  HUNDRED  SIXTY-
THREE-A  of this title, to the extent that the scope of such services is
limited to the services authorized to be provided within such registered
program; or
  § 5. Subdivision 4 of section 7605 of the education law, as amended by
chapter 554 of the laws of 2013, is amended to read as follows:
  4. The practice,  conduct,  activities,  or  services  by  any  person
licensed  or  otherwise  authorized  to practice nursing as a registered
professional nurse or nurse practitioner within the  state  pursuant  to
article  one hundred thirty-nine of this title or by any person licensed
or otherwise authorized to practice social work within the state  pursu-
ant  to  article  one hundred fifty-four of this title, or by any person
licensed or otherwise authorized to practice mental  health  counseling,
marriage  and  family  therapy, creative arts therapy, or psychoanalysis
within the state pursuant to article one  hundred  sixty-three  of  this
title,  OR  BY  ANY  PERSON LICENSED OR OTHERWISE AUTHORIZED TO PRACTICE
MUSIC THERAPY WITHIN THE STATE PURSUANT TO ARTICLE  ONE  HUNDRED  SIXTY-
THREE-A OF THIS TITLE, or any person licensed or otherwise authorized to
practice  applied behavior analysis within the state pursuant to article
one hundred sixty-seven of this title or any individual who  is  creden-
tialed  under  any  law,  including  attorneys,  rape crisis counselors,
certified alcoholism counselors, and certified substance  abuse  counse-
lors  from  providing  mental  health  services  within their respective
established authorities.
  § 6. Subdivision 1 of section 7706 of the education law, as amended by
chapter 554 of the laws of 2013, is amended to read as follows:
  1. Apply to the practice, conduct, activities, services or use of  any
title  by  any person licensed or otherwise authorized to practice medi-
cine within the state pursuant to article one hundred thirty-one of this
title or by any person registered to perform  services  as  a  physician
assistant  within the state pursuant to article one hundred thirty-one-B
of this title or by any person licensed or otherwise authorized to prac-

S. 3386                            10

tice psychology within  this  state  pursuant  to  article  one  hundred
fifty-three of this title or by any person licensed or otherwise author-
ized  to  practice  nursing  as a registered professional nurse or nurse
practitioner  within  this state pursuant to article one hundred thirty-
nine of this title or by any person licensed or otherwise authorized  to
practice  occupational therapy within this state pursuant to article one
hundred fifty-six of this title or by any person licensed  or  otherwise
authorized  to  practice  mental  health counseling, marriage and family
therapy, creative arts  therapy,  or  psychoanalysis  within  the  state
pursuant  to  article  one  hundred sixty-three of this title, OR BY ANY
PERSON LICENSED OR OTHERWISE AUTHORIZED TO PRACTICE MUSIC THERAPY WITHIN
THE STATE PURSUANT TO ARTICLE ONE HUNDRED SIXTY-THREE-A OF  THIS  TITLE,
or  by  any  person licensed or otherwise authorized to practice applied
behavior analysis within the  state  pursuant  to  article  one  hundred
sixty-seven  of this title; provided, however, that no physician, physi-
cian  assistant,  registered  professional  nurse,  nurse  practitioner,
psychologist,  occupational therapist, licensed mental health counselor,
licensed marriage and family therapist, licensed  creative  arts  thera-
pist,  licensed  psychoanalyst,  LICENSED  PROFESSIONAL MUSIC THERAPIST,
LICENSED CLINICAL MUSIC THERAPIST, licensed behavior analyst  or  certi-
fied  behavior  analyst  assistant may use the titles "licensed clinical
social worker" or "licensed master social worker", unless licensed under
this article.
  § 7. Subdivision 1 of section 8410 of the education law, as amended by
chapter 554 of the laws of 2013, is amended to read as follows:
  1. Apply to the practice, conduct, activities, services or use of  any
title  by  any person licensed or otherwise authorized to practice medi-
cine within the state pursuant to article one hundred thirty-one of this
title or by any person registered to perform  services  as  a  physician
assistant  within the state pursuant to article one hundred thirty-one-B
of this title or by any person licensed or otherwise authorized to prac-
tice psychology within  this  state  pursuant  to  article  one  hundred
fifty-three of this title or by any person licensed or otherwise author-
ized  to  practice social work within this state pursuant to article one
hundred fifty-four of this title, or by any person licensed or otherwise
authorized to practice nursing as a  registered  professional  nurse  or
nurse  practitioner  within  this  state pursuant to article one hundred
thirty-nine of this title or by any person licensed or otherwise author-
ized to practice applied behavior analysis within the state pursuant  to
article  one hundred sixty-seven of this title OR BY ANY PERSON LICENSED
OR OTHERWISE AUTHORIZED TO PRACTICE  MUSIC  THERAPY  WITHIN  THIS  STATE
PURSUANT  TO  ARTICLE ONE HUNDRED SIXTY-THREE-A OF THIS TITLE; provided,
however, that no physician, physician's  assistant,  registered  profes-
sional  nurse,  nurse practitioner, psychologist, licensed master social
worker, licensed clinical social worker, licensed behavior analyst [or],
certified behavior analyst assistant, LICENSED PROFESSIONAL MUSIC THERA-
PIST, OR LICENSED CLINICAL MUSIC THERAPIST may use the titles  "licensed
mental  health  counselor",  "licensed  marriage  and family therapist",
"licensed creative arts therapist", or "licensed psychoanalyst",  unless
licensed under this article.
  §  8. 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

S. 3386                            11

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,  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 MUSIC THERAPY SERVICES AS SUCH SERVICES    ARE
DEFINED  IN  ARTICLE  163-A  OF  THE  EDUCATION LAW, EACH MEMBER OF SUCH
LIMITED LIABILITY COMPANY MUST BE LICENSED PURSUANT TO ARTICLE 163-A  OF
THE  EDUCATION LAW TO PRACTICE MUSIC THERAPY 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 arti-

S. 3386                            12

cle  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 divi-
sion of the supreme court or the court of appeals.
  §  9. 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
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

S. 3386                            13

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  MUSIC THERAPY
SERVICES AS SUCH SERVICES ARE DEFINED IN ARTICLE 163-A OF THE  EDUCATION
LAW,  EACH  MEMBER  OF  SUCH  LIMITED LIABILITY COMPANY MUST BE LICENSED
PURSUANT TO ARTICLE 163-A OF THE EDUCATION LAW TO PRACTICE MUSIC THERAPY
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.
  § 10. 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-
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

S. 3386                            14

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
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 MUSIC THERAPY  SERVICES
AS SUCH SERVICES ARE DEFINED IN ARTICLE 163-A OF THE EDUCATION LAW, EACH
MEMBER  OF  SUCH  FOREIGN PROFESSIONAL SERVICE LIMITED LIABILITY COMPANY
MUST BE LICENSED PURSUANT TO ARTICLE 163-A OF THE EDUCATION LAW TO PRAC-
TICE MUSIC THERAPY 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.
  § 11. 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

S. 3386                            15

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
law  to  practice psychoanalysis in this state. EACH PARTNER OF A REGIS-
TERED LIMITED LIABILITY PARTNERSHIP  FORMED  TO  PROVIDE  MUSIC  THERAPY
SERVICES IN THIS STATE MUST BE LICENSED PURSUANT TO ARTICLE 163-A OF THE
EDUCATION LAW TO PRACTICE MUSIC THERAPY IN THIS STATE. Each partner of a
registered  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 behav-
ior analysis in this state.
  § 12. 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

S. 3386                            16

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  REGISTERED LIMITED LIABILITY PARTNERSHIP FORMED TO
PROVIDE MUSIC THERAPY SERVICES IN THIS STATE MUST BE  LICENSED  PURSUANT
TO  ARTICLE 163-A OF THE EDUCATION LAW TO PRACTICE MUSIC THERAPY 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.
  §  13.  This  act  shall take effect twenty-four months after it shall
have become a law. Effective immediately the addition, amendment  and/or
repeal  of  any  rule  or regulation necessary for the implementation of
this act on its effective date are authorized to be made  and  completed
on or before such date.