A. 4825 2
plated by article 131 of the education law, and intends that naturopath-
ic medicine be a distinct profession with its own state board.
3. The legislature recognizes that naturopathic medicine is a modern,
evolved form of naturopathy that is practiced by naturopathic doctors;
that the early form, today sometimes called traditional naturopathy, is
characterized by its vitalistic philosophy, and by its foundation of
hygiene and nature cure (i.e., the use of natural agents such as air,
light, water, food, and herbs to stimulate the body's own natural heal-
ing powers); and that such early form is practiced in some states by
traditional naturopaths without licensure, by lay persons in their own
self care, and to some extent in health spas. This bill is not intended
to change the legality or illegality of activities relating to such
hygiene and nature cure; nor to limit the scope of naturopathic medicine
to such traditional naturopathy.
4. The legislature recognizes that the naturopathic doctor has a
primary mission of facilitating optimum health and wellness for patients
of any age; relies on the scientific method in implementing vitalistic,
functional, and evidence-based strategies for assessing and treating
patients; and works with patients of good or ill health having acute and
chronic conditions, including serious medical conditions.
5. The legislature intends that the authorized activities within the
scope of practice of a naturopathic doctor are those activities within
the meanings of naturopathic assessment, common office procedures, phys-
ical naturopathy, approved substances, approved routes of adminis-
tration, and noninvasive naturopathic therapies, as per sections sixty-
eight hundred fifty and sixty-eight hundred fifty-one of article 138 of
the education law as proposed in this act. For naturopathic doctors
having the injection therapy privilege the authorized activities further
include injection therapy, as per section sixty-eight hundred fifty-four
of article 138 of the education law, as proposed in this act. The scope
of such practice activities however are limited by section sixty-eight
hundred fifty-five of article 138 of the education law, as proposed in
this act, which provides boundaries of professional competence. The
legislature provides a list of broad clinical objectives included within
the meaning of "facilitating optimum health and wellness," as defined in
section sixty-eight hundred fifty-one of article 138 of the education
law as proposed in this act, which list, while relevant to professional
conduct, is not intended to expand upon the authorized activities. The
legislature intends that invasive procedures other than diagnostic imag-
ing be impermissible, and that the definitions of the terms "invasive
procedures" and "noninvasive" be construed independent of each other.
6. The legislature intends that the education qualification for natu-
ropathic medicine emphasizes the basic sciences and clinical sciences,
such as has been established by the Council on Naturopathic Medical
Education (CNME) and the Association of Accredited Naturopathic Medical
Colleges (AANMC), and so distinguish over traditional naturopathy.
7. The legislature intends that the education qualification for natu-
ropathic medicine insofar as including a substantial equivalent of a
program of naturopathic medicine registered with the department require
that such substantial equivalent, among other factors determined by the
department, also require that the substantial equivalent emphasize the
naturopathic principles and the therapeutic order in clinical training,
such as in programs accredited by the Council on Naturopathic Medical
Education (CNME) or in the naturopathic medical programs offered by the
Association of Accredited Naturopathic Medical Colleges (AANMC), and so
distinguish over a doctoral degree in medicine or osteopathy.
A. 4825 3
8. The legislature intends that the professional conduct of the natu-
ropathic doctor be informed by the naturopathic principles and the ther-
apeutic order, and so distinguish over professional conduct for the
practice of the profession of medicine.
9. The legislature recognizes that in the practice of naturopathic
medicine the healing power of nature principle is viewed as being an
inherent property in a living organism to heal itself, and is an
acknowledgment that synergy results from the coordination of the many
chemical and physical reactions of the living system through varied and
circuitous feedback pathways making the whole function as more than the
sum of its parts. The number of reactions and the resulting complexity
and synergy is viewed in the profession of naturopathic medicine as
being why treatment of a given physiological process may result in
unforeseen nonlocal consequences, including iatrogenic disease; and is
why naturopathic doctors investigate and treat the patient as a whole
living system, find and remove the cause, and prefer less invasive ther-
apies and substances with fewer side effects. It also is why the naturo-
pathic doctor prefers to intervene early to prevent occurrence of
disease.
10. The legislature intends that licensed naturopathic doctors, while
being permitted to practice in solo and among other naturopathic
doctors, also be permitted to practice naturopathic medicine in many of
the current patient care venue types in the healthcare system; that
there be referral among naturopathic doctors, physicians, and other
health care providers as based on the interests of the patient; and that
integrative care settings and the advancement of public health and safe-
ty be realized through collaboration among naturopathic doctors, physi-
cians, and other health care providers.
11. Naturopathic doctors add to the health care system by bringing
their naturopathic approach to patient care; and by bringing their
expertise on the determinants of health, diet and nutrient therapy,
phytotherapy, therapeutic use of physical agents, and drug/herb
drug/nutrient interactions. Therefore, to improve the public health,
safety and welfare of its citizens, the legislature finds it is desira-
ble to regulate the profession of naturopathic medicine, and intends
that admission to practice and regulation of such practice, including
professional conduct, shall be supervised by the board of regents and
administered by the state education department, assisted by a state
board of naturopathic medicine.
§ 2. The education law is amended by adding a new article 138 to read
as follows:
ARTICLE 138
NATUROPATHIC MEDICINE
SECTION 6850. INTRODUCTION.
6851. DEFINITIONS.
6852. DEFINITION OF THE PRACTICE OF NATUROPATHIC MEDICINE.
6853. TITLE AND DESIGNATION.
6854. INJECTION THERAPY AND INJECTION THERAPY PRIVILEGE.
6855. BOUNDARIES OF PROFESSIONAL COMPETENCE.
6856. STATE BOARD FOR NATUROPATHIC MEDICINE.
6857. QUALIFICATIONS FOR LICENSURE.
6858. SPECIAL CONDITIONS.
6859. EXEMPT PERSONS AND EXEMPTIONS.
6860. LIMITED RESIDENCY PERMITS.
6861. LIMITED PERMITS.
6862. MANDATORY CONTINUING EDUCATION.
A. 4825 4
§ 6850. INTRODUCTION. THIS ARTICLE APPLIES TO THE LICENSURE AND REGU-
LATION OF NATUROPATHIC DOCTORS TO PRACTICE NATUROPATHIC MEDICINE IN THIS
STATE. THE GENERAL PROVISIONS FOR ALL PROFESSIONS CONTAINED IN ARTICLE
ONE HUNDRED THIRTY, AS ADDED BY CHAPTER NINE HUNDRED EIGHTY-SEVEN OF THE
LAWS OF NINETEEN HUNDRED SEVENTY-ONE, OF THIS TITLE APPLY TO THIS ARTI-
CLE.
§ 6851. DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE:
1. "APPROVED CLIA WAIVED TESTS" MEAN LABORATORY TESTS CATEGORIZED
UNDER THE FEDERAL CLINICAL LABORATORY IMPROVEMENT ACT (CLIA) OF 1988 AS
BEING WAIVED TESTS, AND WHICH ARE IDENTIFIED BY THE DEPARTMENT UPON THE
RECOMMENDATION OF THE BOARD, AND UPDATED AS NEEDED OR UPON TRIENNIAL
REVIEW, AS BEING APPROPRIATE IN THE PRACTICE OF NATUROPATHIC MEDICINE.
2. "APPROVED ROUTES OF ADMINISTRATION" MEANS ORAL, SUBLINGUAL, NASAL,
AURICULAR, OCULAR, RECTAL, VAGINAL, AND TRANSDERMAL. FOR NATUROPATHIC
DOCTORS HAVING INJECTION THERAPY PRIVILEGE UNDER SECTION SIXTY-EIGHT
HUNDRED FIFTY-FOUR OF THIS ARTICLE, "APPROVED ROUTES OF ADMINISTRATION"
FURTHER INCLUDE INJECTION ROUTES, NAMELY, INTRAVENOUS, INTRAMUSCULAR,
SUBCUTANEOUS, AND INTRADERMAL.
3. "APPROVED SUBSTANCES" MEANS OVER-THE-COUNTER SUBSTANCES; FOOD
CONCENTRATES, FOOD EXTRACTS, AND OTHER DIETARY INGREDIENTS; VITAMINS,
MINERALS, AND OTHER DIETARY SUPPLEMENTS; BOTANICAL AND HOMEOPATHIC PREP-
ARATIONS; AND A LIMITED FORMULARY OF LEGEND DRUGS. THE LIMITED FORMULARY
OF LEGEND DRUGS INCLUDES THYROID HORMONES, ESTROGEN HORMONES, PROGESTER-
ONE HORMONE, DHEA, AND HOMEOPATHIC PREPARATIONS OF HOMEOPATHIC DRUGS
LISTED IN THE OFFICIAL HOMEOPATHIC PHARMACOPOEIA OF THE UNITED STATES.
FOR NATUROPATHIC DOCTORS HAVING INJECTION THERAPY PRIVILEGE UNDER
SECTION SIXTY-EIGHT HUNDRED FIFTY-FOUR OF THIS ARTICLE, THE LIMITED
FORMULARY FURTHER INCLUDES IMMUNIZATIONS AND INJECTABLE FORMS OF THE
APPROVED SUBSTANCES. LEGEND DRUGS IN THE LIMITED FORMULARY MAY BE ADMIN-
ISTERED AND PRESCRIBED, AND THE OTHER APPROVED SUBSTANCES AND HOMEOPATH-
IC PREPARATIONS MAY BE ADMINISTERED, PRESCRIBED, AND DISPENSED.
4. "BOARD" MEANS THE STATE BOARD FOR NATUROPATHIC MEDICINE.
5. "COMMON OFFICE PROCEDURES" MEANS ADMINISTERING APPROVED CLIA WAIVED
TESTS; ADMINISTERING ULTRASONOGRAPHIC AND THERMOGRAPHIC IMAGING;
PRESCRIBING, INSTALLING, REMOVING, AND ADJUSTING BARRIER CONTRACEPTIVE
DEVICES; PROCEDURES FOR TREATING SUPERFICIAL LACERATIONS AND ABRASIONS
AND FOR THE REMOVAL OF FOREIGN BODIES LOCATED IN SUPERFICIAL STRUCTURES
NOT TO INCLUDE THE EYE, EXCLUDING BY INCISION AND SUTURING; ADMINISTER-
ING CRYOTHERAPY, LIGATION, AND FULGURATION; ADMINISTERING APPROVED
SUBSTANCES VIA APPROVED ROUTES OF ADMINISTRATION; PROCEDURES FOR OBTAIN-
ING SAMPLES OF BODILY FLUIDS, BODILY EXCRETIONS, BODILY SECRETIONS, AND
BODILY TISSUES; AND OTHER PROCEDURES FOR ASSESSMENT OR THERAPY THAT ARE
NONINVASIVE. COMMON OFFICE PROCEDURES FOR OBTAINING SAMPLES ARE LIMITED
TO: VENIPUNCTURE AND PHLEBOTOMY, PAP SMEAR, SCRAPING, AND FOR HAIR
CUTTING.
6. "CONTROLLED SUBSTANCE" MEANS CONTROLLED SUBSTANCES AS DEFINED IN
THE FEDERAL CONTROLLED SUBSTANCES ACT.
7. "DIAGNOSTIC IMAGING" MEANS RADIOGRAPHY, TOMOGRAPHY, MAGNETIC RESO-
NANCE IMAGING, ULTRASONOGRAPHY, AND THERMOGRAPHY, AND EXCLUDES NUCLEAR
MEDICINE, FLUOROSCOPY, AND RADIOLOGICAL PROCEDURES FOR TREATING A
MEDICAL CONDITION.
8. "DIETARY INGREDIENT" MEANS A DIETARY INGREDIENT AS DEFINED IN THE
FEDERAL DIETARY SUPPLEMENT HEALTH AND EDUCATION ACT OF 1994 (DSHEA).
9. "DIETARY SUPPLEMENT" MEANS A DIETARY SUPPLEMENT AS DEFINED IN THE
FEDERAL DIETARY SUPPLEMENT HEALTH AND EDUCATION ACT OF 1994 (DSHEA).
A. 4825 5
10. "DRUG" MEANS A DRUG AS DEFINED IN THE FEDERAL FOOD, DRUG, AND
COSMETIC ACT, 21 USC 321.
11. "FACILITATING OPTIMUM HEALTH AND WELLNESS" MEANS FACILITATING THE
ESTABLISHMENT AND MAINTENANCE OF A HEALTHY PATIENT LIFESTYLE AND NUTRI-
TIONAL FOUNDATION; EDUCATING THE PATIENT ABOUT THEIR CIRCUMSTANCES OF
HEALTH AND ILLNESS AND STEPS FOR ESTABLISHING AND MAINTAINING OPTIMUM
HEALTH AND WELLNESS; FACILITATING AND AUGMENTING SELF-HEALING PROCESSES;
SUPPORTING AND MODULATING PHYSIOLOGICAL PROCESSES; SUPPORTING AND
CORRECTING INTEGRITY OF ANATOMICAL STRUCTURES; IDENTIFYING AND REMOVING
UNDERLYING CAUSES OF ILLNESS; AND IDENTIFYING, PREVENTING, MITIGATING,
MONITORING, AND TREATING ILLNESS.
12. "FOOD" MEANS FOOD AS DEFINED IN THE FEDERAL FOOD, DRUG, AND
COSMETIC ACT, 21 USC 321.
13. "ILLNESS" MEANS PAIN, INJURY, DEFORMITY, SYNDROME, DISEASE, OR
OTHER UNHEALTHY CONDITION.
14. "INVASIVE PROCEDURE" MEANS ANY MEDICAL PROCEDURE IN WHICH BONE,
VISCERA, THE EYEBALL, THE INNER EAR, THE DORSAL BODY CAVITY, OR THE
VENTRAL BODY CAVITY IS PENETRATED BY A PHYSICAL DEVICE OR BY IONIZING
RADIATION ABOVE BACKGROUND LEVELS.
15. "INJECTION THERAPY" MEANS THE INJECTION OF APPROVED SUBSTANCES.
16. "INJECTION THERAPY PRIVILEGE" MEANS THE SCOPE OF PRACTICE PRIVI-
LEGE TO PRACTICE INJECTION THERAPY, IN ACCORDANCE WITH REGULATIONS
PROMULGATED BY THE COMMISSIONER.
17. "LEGEND DRUG" MEANS A DRUG FOR WHICH A PRESCRIPTION IS REQUIRED
UNDER THE FEDERAL FOOD, DRUG AND COSMETIC ACT.
18. "NATUROPATHIC ASSESSMENT" MEANS THE IDENTIFICATION AND EVALUATION
OF A PATIENT'S CIRCUMSTANCES OF HEALTH AND ILLNESS BY INVESTIGATING THE
PATIENT'S HEALTH, HISTORY, LIFE STYLE, AND DETERMINANTS OF HEALTH; BY
COMPREHENSIVE PHYSICAL EXAMINATION; BY COMMON OFFICE PROCEDURES FOR
ASSESSMENT; BY ORDERING AND PRESCRIBING LABORATORY TESTS AND PROCEDURES,
INCLUDING SUBMITTING SPECIMENS FOR TESTING TO LABORATORIES THAT HOLD
PERMITS OR LICENSES PURSUANT TO UNDER TITLE V OF ARTICLE FIVE OF THE
PUBLIC HEALTH LAW; BY ORDERING AND PRESCRIBING DIAGNOSTIC IMAGING; AND
BY OTHER ASSESSMENT TECHNIQUES THAT ARE NONINVASIVE. SPECIMENS FOR
TESTING MAY BE OBTAINED BY COMMON OFFICE PROCEDURES AS DESCRIBED IN
SUBDIVISION FIVE OF THIS SECTION OR BY PATIENT SUBMISSION (E.G., FOR
STOOL, URINE, HAIR, SALIVA).
19. "NATUROPATHIC PRINCIPLES" MEANS THE FOLLOWING PRINCIPLES, WHICH
ARE WEIGHED BY THE NATUROPATHIC DOCTOR TO INFLUENCE THE SELECTION OF
NATUROPATHIC ASSESSMENT ACTIVITIES, COMMON OFFICE PROCEDURES, AND TREAT-
MENTS ADMINISTERED, ORDERED OR REFERRED:
A. "THE HEALING POWER OF NATURE," WHICH MEANS THE INHERENT ABILITY OF
A LIVING ORGANISM FOR SELF-HEALING;
B. "IDENTIFY AND TREAT THE CAUSES," WHICH MEANS IDENTIFY AND REMOVE
THE UNDERLYING CAUSES OF ILLNESS SO THAT SELF-HEALING PROCESSES MAY
FUNCTION EFFECTIVELY;
C. "FIRST DO NO HARM," WHICH MEANS APPLY THE LEAST FORCE OR INTER-
VENTION TO IDENTIFY ILLNESS AND RESTORE HEALTH, SUCH AS REFERENCED IN
THE THERAPEUTIC ORDER; AND WHENEVER POSSIBLE, AVOID SYMPTOM SUPPRESSION
THAT INTERFERES WITH THE DYNAMICS OF SELF-HEALING;
D. "DOCTOR AS TEACHER," WHICH MEANS EDUCATE PATIENTS AS TO STEPS FOR
ACHIEVING AND MAINTAINING HEALTH, AND ENCOURAGE SELF-RESPONSIBILITY FOR
HEALTH;
E. "TREAT THE WHOLE PERSON," WHICH MEANS ASSESS AND TREAT THE PATIENT
AS AN INTEGRATED WHOLE HAVING MANY PHYSICAL, MENTAL, EMOTIONAL, SPIRITU-
AL, AND SOCIAL ASPECTS; AND
A. 4825 6
F. "PREVENTION," WHICH MEANS ASSESS LIFE STYLE, DETERMINANTS OF
HEALTH, AND GENETIC AND ENVIRONMENTAL SUSCEPTIBILITY TO ILLNESS; RECOM-
MEND APPROPRIATE INTERVENTIONS TO REDUCE RISKS OF DISEASE OCCURRENCE;
AND FACILITATE THE ESTABLISHMENT AND MAINTENANCE OF POSITIVE EMOTION,
THOUGHT AND ACTION.
20. "NONINVASIVE" MEANS NO BREAK IS CREATED IN THE SKIN OR MUCOSA, NO
INFILTRATION OF THE SKIN OR MUCOSA IS MADE BY IONIZING RADIATION ABOVE
BACKGROUND LEVELS, NO ENDOSCOPY IS PERFORMED BETWEEN THE ESOPHAGUS AND
COLON, INCLUSIVE, AND NO RADIOGRAPHY, TOMOGRAPHY, OR MAGNETIC RESONANCE
IMAGING IS ADMINISTERED.
21. "NONINVASIVE NATUROPATHIC THERAPIES" MEANS DIET AND LIFESTYLE
COUNSELING, PATIENT EDUCATION AS TO CIRCUMSTANCES OF HEALTH AND ILLNESS,
WELLNESS COUNSELING, BIOFEEDBACK, HYPNOTHERAPY, AND TOUCH AND/OR TAPPING
THERAPIES WITH AND WITHOUT A VERBAL COMMUNICATION COMPONENT. NONINVASIVE
NATUROPATHIC THERAPIES EXCLUDE THE PRACTICE OF MARITAL AND FAMILY THERA-
PY, PSYCHOANALYSIS, AND CREATIVE ARTS THERAPY ON A CONTINUED SUSTAINED
BASIS, AND IS FURTHER LIMITED IN APPLICATION BY A BOUNDARY OF PROFES-
SIONAL COMPETENCE RESTRICTING PSYCHOTHERAPEUTIC INTERVENTION WITH
PATIENTS HAVING SYMPTOMATIC, INTELLECTUALLY, SOCIALLY OR EMOTIONALLY
MALADAPTIVE BEHAVIOR SUFFICIENT TO BE A MENTAL, EMOTIONAL, COGNITIVE,
ADDICTIVE OR BEHAVIORAL DISORDER AS PER DSM CRITERIA OR PER DIAGNOSIS BY
A QUALIFIED HEALTHCARE PROVIDER, AS PROVIDED IN SECTION SIXTY-EIGHT
HUNDRED FIFTY-FIVE OF THIS ARTICLE.
22. "OPTIMUM HEALTH" MEANS A PERSON'S DESIRED, MAINTAINABLE, BEST
DEGREE OF HEALTH, GIVEN THE PERSON'S CIRCUMSTANCES OF HEALTH AND
ILLNESS, THE THERAPEUTIC GOALS, AND THE PERSON'S DEGREE OF SELF-RESPON-
SIBILITY FOR HEALING.
23. "OVER THE COUNTER SUBSTANCES" MEANS SUBSTANCES THAT HAVE BEEN
APPROVED OR CLEARED BY THE FOOD AND DRUG ADMINISTRATION OF THE UNITED
STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES FOR SALE OR DISTRIBUTION
TO THE PUBLIC ON A DIRECT OR OVER-THE-COUNTER BASIS WITHOUT A
PRESCRIPTION FROM A QUALIFIED HEALTH CARE PRACTITIONER.
24. "PHYSICAL NATUROPATHY" MEANS MANUAL THERAPY, THERAPEUTIC EXERCISE,
HYDROTHERAPY, COLONIC THERAPY, SAUNA, MICROWAVE DIATHERMY, SHORTWAVE
DIATHERMY, ULTRASONIC DIATHERMY, MUSCLE STIMULATION, BIOFEEDBACK, INFRA-
RED LIGHT THERAPY, ULTRAVIOLET LIGHT THERAPY, VISIBLE LIGHT THERAPY,
IONTOPHORESIS, AND THE THERAPEUTIC USE OF PHYSICAL MEDICINE THERAPEUTIC
DEVICES THAT ARE EXEMPT OR ARE CLASS I OR CLASS II DEVICES IDENTIFIED
UNDER THE CODE OF FEDERAL REGULATIONS, TITLE 21, CHAPTER I, SUBCHAPTER
H, PART 890, SUBPART F.
25. "RADIOLOGICAL PROCEDURES" MEANS RADIOLOGICAL PROCEDURES AS DEFINED
IN SECTION EIGHTY-SEVEN HUNDRED ONE OF THIS TITLE.
26. "SUPERFICIAL" MEANS THE DERMAL AND SUBCUTANEOUS LAYERS OF THE BODY
EXTERIOR, THE MUCOSAL LAYER OF THE BODY ORIFICES, AND THE UNDERLYING
FASCIA AND ADIPOSE.
27. "SURGERY" MEANS A MEDICAL PROCEDURE FOR STRUCTURALLY ALTERING THE
HUMAN BODY BY CUTTING INTO LIVE HUMAN TISSUE FOR THE PURPOSE OF LOCAL-
IZED ALTERATION, TRANSPORTATION, OR DESTRUCTION OF LIVE HUMAN TISSUE
USING IONIZING RADIATION OR AN INSTRUMENT, SUCH AS A LASER, SCALPEL, OR
PROBE; AND DOES NOT INCLUDE PUNCTURES, INJECTIONS, DRY NEEDLING,
ACUPUNCTURE, OR REMOVAL OF DEAD TISSUE.
28. "THERAPEUTIC ORDER" MEANS THE HIERARCHY OF THERAPEUTIC INTER-
VENTION, AS FOLLOWS, ORDERED ACCORDING TO DEGREE OF INTERVENTION, AND
USED BY DETERMINING THE LOWEST DEGREE OF INTERVENTION FOR WHICH THE
SPECIFIC PATIENT'S CIRCUMSTANCES OF HEALTH AND ILLNESS CAN BE EFFEC-
TIVELY ADDRESSED TO RESTORE AND FACILITATE OPTIMUM HEALTH, WHEREIN THER-
A. 4825 7
APEUTIC INTERVENTION OUTSIDE THE BOUNDARIES OF PROFESSIONAL COMPETENCE
IS INTENDED TO BE REFERRED:
A. ESTABLISH THE CONDITIONS FOR HEALTH (E.G., IDENTIFY AND REMOVE
DISTURBING FACTORS; INSTITUTE A MORE HEALTHFUL REGIMEN);
B. STIMULATE THE SELF-HEALING PROCESSES;
C. ADDRESS WEAKENED OR DAMAGED SYSTEMS OR ORGANS (E.G., STRENGTHEN THE
IMMUNE SYSTEM; DECREASE TOXICITY; NORMALIZE INFLAMMATORY FUNCTION; OPTI-
MIZE METABOLIC FUNCTION; BALANCE REGULATORY SYSTEMS; ENHANCE REGENER-
ATION; CULTIVATE SENSORY AND MINDFUL AWARENESS OF THE INTEGRATION OF
PSYCHE AND SOMA);
D. CORRECT STRUCTURAL INTEGRITY;
E. ADDRESS PATHOLOGY USING SPECIFIC NATURAL SUBSTANCES, MODALITIES, OR
INTERVENTIONS;
F. ADDRESS PATHOLOGY USING SPECIFIC PHARMACOLOGIC OR SYNTHETIC
SUBSTANCES; AND
G. SUPPRESS OR SURGICALLY REMOVE PATHOLOGY.
29. "VERTEBRAL ADJUSTMENT" MEANS A HIGH VELOCITY, LOW AMPLITUDE THRUST
APPLIED TO A VERTEBRA AT THE END OF ITS RANGE OF MOTION UTILIZING PARTS
OF THE VERTEBRA AND CONTIGUOUS STRUCTURES AS LEVERS TO DIRECTIONALLY
CORRECT ARTICULATE MALPOSITION, AND EXCLUDES MOTION THAT MOVES THE
VERTEBRA TO THE END OF ITS RANGE OF MOTION.
30. "WELLNESS" MEANS A STATE OF BEING ABLE TO PREVENT ILLNESS AND
PROLONG LIFE.
31. "WELLNESS COUNSELING" MEANS PATIENT DOCTOR DIALOGUE FOR FACILITAT-
ING POSITIVE EMOTION, THOUGHT, AND ACTION PROVIDED WITHIN A MULTIMODAL
HOLISTIC FRAMEWORK OF THERAPY INFORMED BY THE NATUROPATHIC PRINCIPLES
AND THE THERAPEUTIC ORDER.
§ 6852. DEFINITION OF THE PRACTICE OF NATUROPATHIC MEDICINE. THE
PRACTICE OF NATUROPATHIC MEDICINE IS DEFINED AS FACILITATING OPTIMUM
HEALTH AND WELLNESS FOR PATIENTS OF ANY AGE USING NATUROPATHIC ASSESS-
MENT, COMMON OFFICE PROCEDURES, PHYSICAL NATUROPATHY, APPROVED
SUBSTANCES, AND NONINVASIVE NATUROPATHIC THERAPIES IN A HOLISTIC FRAME-
WORK INFORMED BY NATUROPATHIC PRINCIPLES AND A THERAPEUTIC ORDER.
§ 6853. TITLE AND DESIGNATION. ONLY A PERSON LICENSED UNDER THIS ARTI-
CLE MAY USE THE TITLE "NATUROPATHIC DOCTOR", "LICENSED NATUROPATH" OR
"PROFESSIONAL NATUROPATH" AND HOLD HERSELF OR HIMSELF OUT AS PRACTICING
NATUROPATHIC MEDICINE; PROVIDED, HOWEVER, THAT NONE OF SUCH TITLES NOR
ANY COMBINATION OF SUCH TITLES SHALL BE USED TO CONVEY THE IDEA THAT THE
INDIVIDUAL WHO USES SUCH TITLE PRACTICES ANYTHING OTHER THAN NATUROPATHY
AND NATUROPATHIC MEDICINE. A LICENSED NATUROPATHIC DOCTOR MAY NOT USE
THE TITLE "PHYSICIAN" UNLESS OTHERWISE AUTHORIZED UNDER TITLE VIII OF
THE EDUCATION LAW.
§ 6854. INJECTION THERAPY AND INJECTION THERAPY PRIVILEGE. 1. FOR
ISSUANCE OF INJECTION THERAPY PRIVILEGE, THE APPLICANT SHALL FULFILL THE
FOLLOWING REQUIREMENTS:
A. FILE AN APPLICATION WITH THE DEPARTMENT;
B. BE LICENSED AS A NATUROPATHIC DOCTOR IN THE STATE, INCLUDING A
LIMITED PERMIT HOLDER, OR BE AN APPLICANT FOR LICENSURE UNDER THIS ARTI-
CLE MEETING THE QUALIFICATIONS FOR LICENSURE OR FOR A LIMITED PERMIT;
C. HAVE SUCCESSFULLY COMPLETED A CERTIFICATION COURSE IN INJECTION
THERAPY FROM A COURSE PROVIDER APPROVED BY THE DEPARTMENT OR AS PART OF
A PROGRAM OF NATUROPATHIC MEDICINE REGISTERED WITH THE DEPARTMENT OR THE
SUBSTANTIAL EQUIVALENT THEREOF;
D. PAY A FEE TO THE DEPARTMENT OF TWO HUNDRED DOLLARS FOR THE ISSUANCE
AND INITIAL REGISTRATION OF THE INJECTION THERAPY PRIVILEGE.
A. 4825 8
2. AN INJECTION THERAPY PRIVILEGE ISSUED UNDER THIS SECTION SHALL BE
VALID FOR THE LIFE OF THE HOLDER, UNLESS REVOKED, ANNULLED, OR SUSPENDED
BY THE BOARD OF REGENTS. DURING EACH TRIENNIAL REGISTRATION PERIOD, A
NATUROPATHIC DOCTOR HAVING INJECTION THERAPY PRIVILEGE SHALL COMPLETE
EIGHT HOURS OF ACCEPTABLE FORMAL CONTINUING EDUCATION AS PART OF THEIR
MANDATORY CONTINUING EDUCATION REQUIREMENT, IN CONFORMANCE WITH THE
PROVISIONS OF SECTION SIXTY-EIGHT HUNDRED SIXTY-TWO OF THIS ARTICLE, ON
THE SUBJECT OF INJECTION THERAPY, INCLUDING FORMAL CONTINUING EDUCATION
THAT CONTRIBUTES TO THE ENHANCEMENT OF CLINICAL INJECTION THERAPY
SKILLS, PURSUANT TO THE REGULATION OF THE COMMISSIONER. FAILURE TO
COMPLETE THE REQUIRED CONTINUING EDUCATION UNDER THIS SUBSECTION SHALL
RESULT IN SUSPENSION OF THE INJECTION THERAPY PRIVILEGE UNTIL SUCH TIME
AS THE REQUIRED CONTINUING EDUCATION IS COMPLETE. A SUSPENSION OF THE
INJECTION THERAPY PRIVILEGE FOR LACK OF COMPLETION OF THE REQUIRED
CONTINUING EDUCATION THAT EXCEEDS TWELVE MONTHS IN DURATION SHALL RESULT
IN A REVOCATION OF THE INJECTION THERAPY PRIVILEGE, AND REQUIRE RE-AP-
PLICATION, RECERTIFICATION OR OTHER EDUCATION SATISFACTORY TO THE
COMMISSIONER, AND THE FEE AS PER SECTION SIXTY-EIGHT HUNDRED FIFTY-SEVEN
OF THIS ARTICLE FOR RE-ISSUANCE OF THE INJECTION THERAPY PRIVILEGE. THIS
CONTINUING EDUCATION REQUIREMENT IS EFFECTIVE AS OF THE SAME EFFECTIVE
DATE AS SECTION SIXTY-EIGHT HUNDRED FIFTY-SEVEN OF THIS ARTICLE.
3. A STUDENT IN A DOCTORAL PROGRAM OF NATUROPATHIC MEDICINE REGISTERED
WITH THE DEPARTMENT OR THE SUBSTANTIAL EQUIVALENT THEREOF MAY PERFORM
INJECTION THERAPY IN AN INTERNSHIP OR PRECEPTORSHIP SETTING WHEN
REQUIRED AS PART OF SUCH PROGRAM FOR THE PURPOSE OF FULFILLING SUCH
PROGRAM REQUIREMENT ONLY UNDER THE IMMEDIATE DIRECT PERSONAL SUPERVISION
OF A PHYSICIAN LICENSED UNDER THIS TITLE OR A NATUROPATHIC DOCTOR
LICENSED UNDER THIS ARTICLE HAVING INJECTION THERAPY PRIVILEGE. "IMMEDI-
ATE DIRECT PERSONAL SUPERVISION" FOR THE PURPOSES OF THIS SECTION MEANS
SUPERVISION OF A PROCEDURE FOR INJECTION THERAPY BASED ON INSTRUCTIONS
GIVEN DIRECTLY BY THE SUPERVISING PHYSICIAN OR SUPERVISING NATUROPATHIC
DOCTOR WHO REMAINS PHYSICALLY PRESENT IN THE IMMEDIATE AREA WHEN THE
INJECTION THERAPY PROCEDURE IS PERFORMED.
§ 6855. BOUNDARIES OF PROFESSIONAL COMPETENCE. THE ACTIVITIES ENCOM-
PASSED WITHIN THE DEFINITION OF THE PRACTICE OF NATUROPATHIC MEDICINE
UNDER SECTIONS SIXTY-EIGHT HUNDRED FIFTY-TWO AND SIXTY-EIGHT HUNDRED
FIFTY-FOUR OF THIS ARTICLE ARE LIMITED BY THE PROHIBITIONS, BOUNDARIES,
AND RESTRICTIONS OF THIS SECTION.
1. THE PRACTICE OF THE PROFESSION OF NATUROPATHIC MEDICINE DOES NOT
INCLUDE: ADMINISTERING OR PRESCRIBING CONTROLLED SUBSTANCES; ADMINIS-
TERING INVASIVE PROCEDURES; ADMINISTERING ELECTROCONVULSIVE THERAPY;
ADMINISTERING NEEDLE-TYPE ELECTROMYOGRAPHY; PERFORMING SURGERY OTHER
THAN CRYOTHERAPY, LIGATION AND FULGURATION; ADMINISTERING RADIOLOGICAL
PROCEDURES USING IONIZING RADIATION ABOVE BACKGROUND LEVELS; ADMINISTER-
ING GENERAL OR SPINAL ANESTHETIC DRUGS; ADMINISTERING OBSTETRIC SERVICES
OTHER THAN COMPLEMENTARY NATUROPATHIC PRENATAL AND POSTNATAL WELLNESS
CARE; ADMINISTERING ACUPUNCTURE; AND SETTING FRACTURES.
2. A. (I) IT SHALL BE DEEMED PRACTICING OUTSIDE THE BOUNDARIES OF
PROFESSIONAL COMPETENCE FOR A NATUROPATHIC DOCTOR TO PROVIDE EMERGENCY
CARE SERVICES FOR TREATING INJURIES OR TRAUMA FROM A SERIOUS ACCIDENT OR
A VIOLENT CRIME, EXCEPT AS PERMITTED BY ARTICLE THIRTY OF THE PUBLIC
HEALTH LAW.
(II) IT SHALL BE DEEMED PROFESSIONAL MISCONDUCT FOR A NATUROPATHIC
DOCTOR TO HOLD HERSELF OR HIMSELF OUT AS PROVIDING EMERGENCY CARE
SERVICES ON A CONTINUED SUSTAINED BASIS; OR TO TREAT AN ACUTE EMERGENT
A. 4825 9
CONDITION OF SIGNIFICANT THREAT TO LIFE OR LIMB WITHOUT ALSO SUMMONING
EMERGENCY MEDICAL RESPONSE.
B. (I) IT SHALL BE DEEMED PRACTICING OUTSIDE THE BOUNDARIES OF PROFES-
SIONAL COMPETENCE FOR A NATUROPATHIC DOCTOR TO ADMINISTER PHYSICAL NATU-
ROPATHY ON A PATIENT ON A CONTINUED SUSTAINED BASIS UNDER EITHER OF THE
FOLLOWING CIRCUMSTANCES: TO ASSIST THE PATIENT TO COMPENSATE FOR DEVEL-
OPMENTAL DEFICITS AFFECTING PHYSICAL MOVEMENT AND MOBILITY THAT CANNOT
BE REVERSED; AND TO RESTORE, FOR PURPOSES OF PATIENT REINTEGRATION BACK
INTO THE HOME, COMMUNITY, OR WORK, SOME OR ALL OF THE PATIENT'S PATHOME-
CHANICAL DEFICITS AFFECTING PHYSICAL MOVEMENT AND MOBILITY THAT WERE
LOST DUE TO INJURY OR DISEASE CAUSING ONGOING SEPARATION FROM HOME,
COMMUNITY OR WORK.
(II) A NATUROPATHIC DOCTOR MAY CORRECT VERTEBRAL ALIGNMENT USING
VERTEBRAL ADJUSTMENT IN COMBINATION WITH NATUROPATHIC MUSCLE RELEASE
TECHNIQUES AND SOFT TISSUE MANIPULATION WITHIN A MULTIMODAL HOLISTIC
TREATMENT PLAN, BUT OTHERWISE MAY NOT PRACTICE VERTEBRAL ADJUSTMENT.
C. FOR PATIENTS HAVING SYMPTOMATIC, INTELLECTUALLY, SOCIALLY OR
EMOTIONALLY MALADAPTIVE BEHAVIOR SUFFICIENT TO BE A MENTAL, EMOTIONAL,
COGNITIVE, ADDICTIVE OR BEHAVIORAL DISORDER AS PER DSM (DIAGNOSTIC AND
STATISTICAL MANUAL OF MENTAL DISORDERS) CRITERIA OR AN EQUIVALENT THERE-
OF, OR PER DIAGNOSIS BY A QUALIFIED HEALTHCARE PROVIDER, IT SHALL BE
DEEMED PRACTICING OUTSIDE THE BOUNDARIES OF PROFESSIONAL COMPETENCE FOR
A NATUROPATHIC DOCTOR TO FACILITATE CHANGES IN THE PATIENT'S PERSONALITY
AND BEHAVIOR FOR THE PURPOSE OF ELIMINATING SUCH SYMPTOMATIC MALADAPTIVE
BEHAVIOR CORRESPONDING TO SUCH DISORDER THROUGH THE USE OF VERBAL,
COGNITIVE, AND EMOTIONAL INTERPERSONAL COMMUNICATION METHODS OF
PSYCHOTHERAPEUTIC INTERVENTION ON A CONTINUED SUSTAINED BASIS. SUCH
RESTRICTION ON PSYCHOTHERAPEUTIC INTERVENTION DOES NOT RESTRICT A NATU-
ROPATHIC DOCTOR FROM PROVIDING DIETARY AND LIFESTYLE ADVICE AND
INSTRUCTIONS TO THE PATIENT, NOR FROM EDUCATING THE PATIENT ABOUT THEIR
CIRCUMSTANCES OF HEALTH AND ILLNESS. SUCH RESTRICTION ON PSYCHOTHERAPEU-
TIC INTERVENTION EXCLUDES HYPNOTHERAPY APPLIED AS PART OF A MULTIMODE
HOLISTIC TREATMENT PLAN (E.G., NUTRIENT THERAPY AND HYPNOTHERAPY) TO
TREAT TOBACCO ADDICTION OR OBESITY. ALTHOUGH A NATUROPATHIC DOCTOR
CANNOT PROVIDE A PSYCHOLOGICAL DIAGNOSIS, A NATUROPATHIC DOCTOR MAY
APPLY AND DOCUMENT SUCH DSM OR EQUIVALENT CRITERIA, OR THE ABSENCE THER-
EOF TO DISCERN THIS BOUNDARY OF PROFESSIONAL COMPETENCE, WHICH DISCERN-
MENT SHALL DEFER TO A DIAGNOSIS BY A QUALIFIED HEALTHCARE PROVIDER.
D. ALTHOUGH THE IDENTIFICATION OF AN ILLNESS IS PART OF A NATUROPATHIC
ASSESSMENT, A NATUROPATHIC DOCTOR MAY NOT EQUATE SUCH ASSESSMENT TO A
MEDICAL OR PSYCHOLOGICAL DIAGNOSIS, NOR HOLD HIMSELF OR HERSELF OUT AS
MAKING A MEDICAL OR PSYCHOLOGICAL DIAGNOSIS. A NATUROPATHIC DOCTOR,
HOWEVER, MAY USE COMMON DIAGNOSTIC CODES (E.G., ICD-10 CODES; DSM-V
CODES) AND MAY REFER TO AN IDENTIFIED ILLNESS IN DISCUSSIONS WITH THE
PATIENT, IN PATIENT HEALTH RECORDS, AND IN COMMUNICATIONS COMPLIANT WITH
THE FEDERAL HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996
(HIPAA).
3. WHILE THE SCOPE OF ACTIVITIES INCLUDED WITHIN THE PRACTICE OF NATU-
ROPATHIC MEDICINE OVERLAPS IN PART WITH OTHER PROFESSIONS LICENSED UNDER
THIS TITLE, THE NATUROPATHIC DOCTOR SHALL NOT HOLD HERSELF OR HIMSELF
OUT AS PRACTICING ANY SUCH OTHER PROFESSION OR USE A TITLE OF ANY SUCH
OTHER PROFESSION, UNLESS OTHERWISE AUTHORIZED UNDER THIS TITLE.
§ 6856. STATE BOARD FOR NATUROPATHIC MEDICINE. 1. A STATE BOARD FOR
NATUROPATHIC MEDICINE SHALL BE APPOINTED BY THE BOARD OF REGENTS ON THE
RECOMMENDATION OF THE COMMISSIONER FOR THE PURPOSE OF ASSISTING THE
BOARD OF REGENTS AND THE DEPARTMENT ON MATTERS OF PROFESSIONAL LICENSING
A. 4825 10
AND PROFESSIONAL CONDUCT IN ACCORDANCE WITH SECTION SIXTY-FIVE HUNDRED
EIGHT OF THIS TITLE. THE BOARD SHALL BE COMPOSED OF TWO PUBLIC REPRESEN-
TATIVES WHO DO NOT HOLD INTERESTS IN THE ORGANIZATION, FINANCING OR
DELIVERY OF NATUROPATHIC SERVICES, ONE LICENSED PHYSICIAN WHO IS A
DOCTOR OF MEDICINE OR A DOCTOR OF OSTEOPATHY, AND NOT LESS THAN SIX
NATUROPATHIC DOCTORS. A NATUROPATHIC DOCTOR MEMBER OF THE BOARD SHALL
HAVE BEEN LICENSED UNDER THIS ARTICLE FOR AT LEAST TWO YEARS PRIOR TO
BEING APPOINTED, WHICH TWO YEAR LICENSE REQUIREMENT IS WAIVED FOR THE
INITIAL BOARD AND REPLACED WITH A REQUIREMENT THAT THE NATUROPATHIC
DOCTOR OBTAIN A LICENSE UNDER THIS ARTICLE WITHIN ONE YEAR OF APPOINT-
MENT OR ONE YEAR OF THE EFFECTIVE DATE OF THIS ARTICLE, WHICHEVER COMES
LATER. THE TERMS OF THE FIRST APPOINTED MEMBERS SHALL BE STAGGERED SO
THAT THREE ARE APPOINTED FOR THREE YEARS, THREE ARE APPOINTED FOR FOUR
YEARS, AND FOUR ARE APPOINTED FOR FIVE YEARS. AN EXECUTIVE SECRETARY OF
THE BOARD SHALL BE APPOINTED BY THE BOARD OF REGENTS ON THE RECOMMENDA-
TION OF THE COMMISSIONER.
2. EXAMINATIONS SELECTED OR PREPARED BY THE BOARD PURSUANT TO SUBDIVI-
SION TWO OF SECTION SIXTY-FIVE HUNDRED EIGHT OF THIS TITLE SHALL CONFORM
WHENEVER POSSIBLE TO NATIONALLY RECOGNIZED TEST DEVELOPMENT STANDARDS
AND TEST COMPETENCIES FOR NATUROPATHIC MEDICINE.
§ 6857. QUALIFICATIONS FOR LICENSURE. TO QUALIFY FOR A LICENSE TO
PRACTICE THE PROFESSION OF NATUROPATHIC MEDICINE, AN APPLICANT SHALL
FULFILL THE FOLLOWING REQUIREMENTS:
1. FILE AN APPLICATION WITH THE DEPARTMENT;
2. HAVE RECEIVED AN EDUCATION, INCLUDING A DOCTORAL DEGREE IN NATURO-
PATHIC MEDICINE, GRANTED ON THE BASIS OF COMPLETION OF A PROGRAM OF
NATUROPATHIC MEDICINE REGISTERED WITH THE DEPARTMENT OR THE SUBSTANTIAL
EQUIVALENT THEREOF, IN ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS;
3. FOR APPLICANTS APPLYING MORE THAN TWO YEARS AFTER THE EFFECTIVE
DATE OF THIS ARTICLE, HAVE SATISFACTORILY COMPLETED A POST-GRADUATE
RESIDENCY PROGRAM OF NATUROPATHIC MEDICINE OF AT LEAST TWELVE MONTHS
DURATION APPROVED BY THE DEPARTMENT, OR THE SUBSTANTIAL EQUIVALENT THER-
EOF, AND IN ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS;
4. PASS AN EXAMINATION SATISFACTORY TO THE BOARD AND IN ACCORDANCE
WITH THE COMMISSIONER'S REGULATIONS;
5. BE AT LEAST TWENTY-ONE YEARS OF AGE;
6. BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE DEPARTMENT; AND
7. PAY A FEE OF THREE HUNDRED FIFTY DOLLARS TO THE DEPARTMENT FOR AN
INITIAL LICENSE AND A FEE OF FIVE HUNDRED DOLLARS FOR EACH TRIENNIAL
REGISTRATION PERIOD.
§ 6858. SPECIAL CONDITIONS. 1. AN APPLICANT HAVING RECEIVED, PRIOR TO
NINETEEN HUNDRED EIGHTY-EIGHT, AN EDUCATION, INCLUDING A DOCTORAL DEGREE
IN NATUROPATHIC MEDICINE, GRANTED ON THE BASIS OF COMPLETION OF A
PROGRAM OF NATUROPATHIC MEDICINE REGISTERED WITH THE DEPARTMENT OR THE
SUBSTANTIAL EQUIVALENT THEREOF, MAY SUBSTITUTE FOR THE EXPERIENCE AND
EXAMINATION QUALIFICATIONS OF SECTION SIXTY-EIGHT HUNDRED FIFTY-SEVEN OF
THIS ARTICLE, EITHER OF: (I) SATISFACTORY EVIDENCE OF PRACTICE OF NATU-
ROPATHIC MEDICINE OF NOT LESS THAN THREE YEARS DURING THE FIVE YEARS
PRECEDING THE FILING OF THE APPLICATION; OR (II) PRACTICE UNDER A LIMIT-
ED PERMIT FOR AT LEAST TWO OF THE THREE YEARS PRIOR TO APPLICATION UNDER
THIS ARTICLE.
2. AN APPLICANT HAVING RECEIVED, PRIOR TO TWO YEARS AFTER THE EFFEC-
TIVE DATE OF THIS ARTICLE, AN EDUCATION, INCLUDING A DOCTORAL DEGREE IN
NATUROPATHIC MEDICINE, GRANTED ON THE BASIS OF COMPLETION OF A PROGRAM
OF NATUROPATHIC MEDICINE REGISTERED WITH THE DEPARTMENT OR THE SUBSTAN-
TIAL EQUIVALENT THEREOF, MAY SUBSTITUTE FOR THE EXPERIENCE QUALIFICATION
A. 4825 11
OF SECTION SIXTY-EIGHT HUNDRED FIFTY-SEVEN OF THIS ARTICLE, EITHER OF:
(I) SATISFACTORY EVIDENCE OF PRACTICE OF NATUROPATHIC MEDICINE OF NOT
LESS THAN THREE YEARS DURING THE FIVE YEARS PRECEDING THE FILING OF THE
APPLICATION; OR (II) PRACTICE UNDER A LIMITED PERMIT FOR AT LEAST TWO OF
THE THREE YEARS PRIOR TO APPLICATION UNDER THIS ARTICLE.
3. THE "PRACTICE OF NATUROPATHIC MEDICINE" AS USED IN THIS SECTION
INCLUDES THE PRACTICE OF NATUROPATHY OR NATUROPATHIC MEDICINE IN A STATE
OR TERRITORY OF THE UNITED STATES, INCLUDING NEW YORK STATE, OR A CANA-
DIAN PROVINCE, WHILE MAINTAINING A PROFESSIONAL LICENSE IN NATUROPATHY
OR NATUROPATHIC MEDICINE ISSUED BY THE SAME OR ANOTHER STATE OR TERRITO-
RY OR A CANADIAN PROVINCE; AND INCLUDES PRACTICE PERFORMED BEFORE AND
AFTER THE EFFECTIVE DATE OF THIS ARTICLE.
4. PRACTICE DEMONSTRATED BY SATISFACTORY EVIDENCE OF PRACTICE OR BY A
LIMITED PERMIT, AS PROVIDED IN SUBDIVISIONS ONE AND TWO OF THIS SECTION,
MUST BE COMPLETE WITHIN EIGHTEEN YEARS AFTER THE EFFECTIVE DATE OF THIS
ARTICLE. APPLICANTS HAVING COMPLETED THE PRACTICE REQUIREMENTS OF A
SPECIAL CONDITION UNDER THIS SECTION MUST SUBMIT AN APPLICATION FOR
LICENSE BY NINETEEN YEARS AFTER THE EFFECTIVE DATE OF THIS ARTICLE AND
MUST CURE DEFECTS, IF ANY, IN THE APPLICATION AS IDENTIFIED BY THE
DEPARTMENT WITHIN A TIME PERIOD INDICATED BY THE DEPARTMENT.
§ 6859. EXEMPT PERSONS AND EXEMPTIONS. NOTHING CONTAINED IN THIS ARTI-
CLE SHALL BE CONSTRUED TO AFFECT OR PREVENT THE FOLLOWING:
1. A. A LICENSED PHYSICIAN FROM PRACTICING HIS OR HER PROFESSION AS
DEFINED IN ARTICLES ONE HUNDRED THIRTY-ONE AND ONE HUNDRED THIRTY-ONE-B
OF THIS TITLE; A REGISTERED PROFESSIONAL NURSE OR A CERTIFIED NURSE
PRACTITIONER PRACTICING HIS OR HER PROFESSION AS DEFINED UNDER ARTICLE
ONE HUNDRED THIRTY-NINE OF THIS TITLE; OR
B. QUALIFIED MEMBERS OF OTHER PROFESSIONS LICENSED UNDER THIS TITLE
FROM PERFORMING THE PRACTICE OF THEIR PROFESSIONS; EXCEPT THAT SUCH
PERSONS MAY NOT HOLD THEMSELVES OUT UNDER THE TITLE NATUROPATH OR NATU-
ROPATHIC DOCTOR, OR AS PERFORMING NATUROPATHY OR NATUROPATHIC MEDICINE.
2. A STUDENT FROM ENGAGING IN CLINICAL PRACTICE UNDER SUPERVISION OF A
LICENSED NATUROPATHIC DOCTOR AS PART OF A PROGRAM OF NATUROPATHIC MEDI-
CINE REGISTERED BY THE DEPARTMENT OR THE SUBSTANTIAL EQUIVALENT THEREOF.
3. THE PRACTICE OF NATUROPATHIC MEDICINE BY A SALARIED EMPLOYEE OF THE
GOVERNMENT OF THE UNITED STATES WHILE THE INDIVIDUAL IS ENGAGED IN THE
PERFORMANCE OF DUTIES PRESCRIBED BY THE LAWS AND REGULATIONS OF THE
UNITED STATES.
4. THE DOMESTIC CARE OF THE SICK, DISABLED OR INJURED BY ANY FAMILY
MEMBER, HOUSEHOLD MEMBER OR FRIEND, OR PERSON EMPLOYED PRIMARILY IN A
DOMESTIC CAPACITY WHO DOES NOT HOLD HIMSELF OR HERSELF OUT, OR ACCEPT
EMPLOYMENT AS A PERSON LICENSED TO PRACTICE NATUROPATHIC MEDICINE UNDER
THE PROVISIONS OF THIS ARTICLE.
5. THE CARE OF THE SICK WHEN DONE IN CONNECTION WITH THE PRACTICE OF
THE RELIGIOUS TENETS OF ANY CHURCH.
6. THE MARKETING, SALE OR USE OF SUBSTANCES OR DEVICES GOVERNED BY THE
FEDERAL FOOD, DRUG, AND COSMETIC ACT THAT DO NOT REQUIRE A PRESCRIPTION
FROM A QUALIFIED HEALTHCARE PROVIDER.
7. THE CONDUCT, ACTIVITIES, OR SERVICES OF INDIVIDUALS, CHURCHES,
SCHOOLS, TEACHERS, ORGANIZATIONS, OR NOT-FOR-PROFIT BUSINESSES IN
PROVIDING INSTRUCTION, ADVICE, SUPPORT, ENCOURAGEMENT, OR INFORMATION TO
INDIVIDUALS, FAMILIES, AND RELATIONAL GROUPS.
§ 6860. LIMITED RESIDENCY PERMITS. 1. FOR ISSUANCE OF A LIMITED RESI-
DENCY PERMIT, THE APPLICANT SHALL FULFILL THE FOLLOWING REQUIREMENTS:
A. FILE AN APPLICATION WITH THE DEPARTMENT;
A. 4825 12
B. HAVE RECEIVED AN EDUCATION, INCLUDING A DOCTORAL DEGREE IN NATURO-
PATHIC MEDICINE, GRANTED ON THE BASIS OF COMPLETION OF A PROGRAM OF
NATUROPATHIC MEDICINE REGISTERED WITH THE DEPARTMENT OR THE SUBSTANTIAL
EQUIVALENT THEREOF;
C. HAVE BEEN ACCEPTED INTO A POST-GRADUATE RESIDENCY PROGRAM OF NATU-
ROPATHIC MEDICINE APPROVED BY THE DEPARTMENT;
D. BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE DEPARTMENT;
E. BE AT LEAST TWENTY-ONE YEARS OF AGE; AND
F. PAY A FEE TO THE DEPARTMENT OF ONE HUNDRED DOLLARS, OR FOR A
RENEWAL A FEE OF FIFTY DOLLARS.
2. SUCH PERMIT SHALL ALLOW THE PERMIT HOLDER TO PERFORM SUCH ACTIV-
ITIES THAT ARE REQUIRED FOR SUCCESSFUL COMPLETION OF THE RESIDENCY
PROGRAM UNDER THE ADMINISTRATIVE SUPERVISION OF A LICENSED NATUROPATHIC
DOCTOR SERVING AS THE RESIDENCY DIRECTOR. PRACTICE ACTIVITIES UNDER A
LIMITED RESIDENCY PERMIT SHALL BE LIMITED TO FACILITIES ENCOMPASSED BY
THE POST-GRADUATE RESIDENCY PROGRAM OF THE PERMIT HOLDER, SUCH AS A
HOSPITAL, AN INCORPORATED HOSPITAL OR CLINIC, A LICENSED PROPRIETARY
HOSPITAL, A LICENSED NURSING HOME, A PUBLIC HEALTH AGENCY, A RECOGNIZED
PUBLIC OR NON-PUBLIC SCHOOL SETTING, THE OFFICE OF A LICENSED NATURO-
PATHIC DOCTOR, OR IN THE CIVIL SERVICE OF THE STATE OR POLITICAL SUBDI-
VISION THEREOF. PRACTICE SUPERVISION OF A PERMIT HOLDER'S PRACTICE
ACTIVITIES SHALL BE ON-SITE SUPERVISION BY A LICENSED NATUROPATHIC
DOCTOR, EXCEPT FOR INJECTION THERAPY PROCEDURES, WHICH SHALL BE DIRECT
PERSONAL SUPERVISION BY A LICENSED PHYSICIAN OR A LICENSED NATUROPATHIC
DOCTOR HAVING INJECTION THERAPY PRIVILEGE. "DIRECT PERSONAL SUPERVISION"
FOR THE PURPOSES OF THIS SECTION MEANS SUPERVISION OF A PROCEDURE FOR
INJECTION THERAPY BASED ON INSTRUCTIONS GIVEN DIRECTLY BY THE SUPERVIS-
ING PHYSICIAN OR SUPERVISING NATUROPATHIC DOCTOR WHO REMAINS ON SITE
WHEN AND WHERE THE PROCEDURE IS BEING PERFORMED, BUT SHALL NOT BE
CONSTRUED AS NECESSARILY REQUIRING THE PHYSICAL PRESENCE OF THE SUPER-
VISING PHYSICIAN OR SUPERVISING NATUROPATHIC DOCTOR IN THE IMMEDIATE
AREA AT THE TIME WHEN THE INJECTION THERAPY PROCEDURE IS PERFORMED.
3. SUCH PERMIT SHALL BE ISSUED FOR ONE YEAR AND MAY BE RENEWED AT THE
DISCRETION OF THE DEPARTMENT FOR ONE OR TWO ADDITIONAL YEARS WHEN NECES-
SARY TO PERMIT THE COMPLETION OF AN APPROVED POST-GRADUATE RESIDENCY IN
NATUROPATHIC MEDICINE.
§ 6861. LIMITED PERMITS. 1. FOR ISSUANCE OF A LIMITED PERMIT, THE
APPLICANT SHALL FULFILL THE FOLLOWING REQUIREMENTS:
A. FILE AN APPLICATION WITH THE DEPARTMENT;
B. HAVE RECEIVED AN EDUCATION, INCLUDING A DOCTORAL DEGREE IN NATURO-
PATHIC MEDICINE, GRANTED ON THE BASIS OF COMPLETION OF A PROGRAM OF
NATUROPATHIC MEDICINE REGISTERED WITH THE DEPARTMENT OR THE SUBSTANTIAL
EQUIVALENT THEREOF;
C. INDICATE EXERCISING OPTION TO ATTAIN QUALIFICATIONS FOR LICENSURE
USING A LIMITED PERMIT SPECIAL CONDITION UNDER SECTION SIXTY-EIGHT
HUNDRED FIFTY-EIGHT OF THIS ARTICLE;
D. BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE DEPARTMENT;
E. BE AT LEAST TWENTY-ONE YEARS OF AGE; AND
F. PAY A FEE OF TWO HUNDRED DOLLARS TO THE DEPARTMENT.
2. SUCH LIMITED PERMIT SHALL AUTHORIZE THE PRACTICE OF NATUROPATHIC
MEDICINE ONLY UNDER THE SUPERVISION OF A LICENSED NATUROPATHIC DOCTOR.
SUPERVISION OF THE LIMITED PERMIT HOLDER'S PRACTICE ACTIVITIES SHALL BE
ON-SITE SUPERVISION BY A LICENSED NATUROPATHIC DOCTOR.
3. A LIMITED PERMIT SHALL BE ISSUED FOR A PERIOD OF TWO YEARS, AND MAY
BE RENEWED UNDER CIRCUMSTANCES AND FOR A TIME PERIOD AND FEE IN ACCORD-
ANCE WITH THE COMMISSIONER'S REGULATIONS.
A. 4825 13
4. THE LAST DAY FOR APPLYING FOR A LIMITED PERMIT UNDER THIS SECTION
IS FIFTEEN YEARS AFTER THE EFFECTIVE DATE OF THIS SECTION.
§ 6862. MANDATORY CONTINUING EDUCATION. 1. A. EACH NATUROPATHIC DOCTOR
LICENSED PURSUANT TO THIS ARTICLE, REQUIRED TO REGISTER TRIENNIALLY WITH
THE DEPARTMENT TO PRACTICE IN THIS STATE SHALL COMPLY WITH THE
PROVISIONS OF THE MANDATORY CONTINUING EDUCATION REQUIREMENTS PRESCRIBED
IN SUBDIVISION TWO OF THIS SECTION, EXCEPT AS PROVIDED IN PARAGRAPHS B
AND C OF THIS SUBDIVISION. NATUROPATHIC DOCTORS WHO DO NOT SATISFY THE
MANDATORY CONTINUING EDUCATION REQUIREMENTS SHALL NOT PRACTICE UNTIL
THEY HAVE MET SUCH REQUIREMENTS, AND THEY HAVE BEEN ISSUED A REGISTRA-
TION CERTIFICATE, EXCEPT THAT A NATUROPATHIC DOCTOR MAY PRACTICE WITHOUT
HAVING MET SUCH REQUIREMENTS IF HE OR SHE IS ISSUED A CONDITIONAL REGIS-
TRATION PURSUANT TO SUBDIVISION THREE OF THIS SECTION.
B. NATUROPATHIC DOCTORS SHALL BE EXEMPT FROM THE MANDATORY CONTINUING
EDUCATION REQUIREMENT FOR THE TRIENNIAL REGISTRATION PERIOD DURING WHICH
THEY ARE FIRST LICENSED. IN ACCORD WITH THE INTENT OF THIS SECTION,
ADJUSTMENTS TO THE MANDATORY CONTINUING EDUCATION REQUIREMENTS MAY BE
GRANTED BY THE DEPARTMENT FOR REASONS OF HEALTH CERTIFIED BY AN APPRO-
PRIATE 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 NATUROPATHIC DOCTOR NOT ENGAGED IN PROFESSIONAL PRAC-
TICE, AS DETERMINED BY THE DEPARTMENT, SHALL BE EXEMPT FROM THE MANDATO-
RY CONTINUING EDUCATION REQUIREMENT UPON THE FILING OF A STATEMENT WITH
THE DEPARTMENT DECLARING SUCH STATUS. ANY LICENSEE WHO RETURNS TO THE
PRACTICE OF NATUROPATHIC MEDICINE DURING THE TRIENNIAL REGISTRATION
PERIOD SHALL NOTIFY THE DEPARTMENT PRIOR TO REENTERING THE PROFESSION
AND SHALL MEET SUCH MANDATORY EDUCATION REQUIREMENTS AS SHALL BE
PRESCRIBED BY REGULATIONS OF THE COMMISSIONER.
2. DURING EACH TRIENNIAL REGISTRATION PERIOD AN APPLICANT FOR REGIS-
TRATION SHALL COMPLETE SIXTY HOURS OF ACCEPTABLE FORMAL CONTINUING
EDUCATION. ANY LICENSED NATUROPATHIC DOCTOR WHOSE FIRST REGISTRATION
DATE FOLLOWING THE EFFECTIVE DATE OF THIS SECTION OCCURS LESS THAN THREE
YEARS FROM SUCH EFFECTIVE DATE, SHALL COMPLETE CONTINUING EDUCATION
HOURS ON A PRORATED BASIS AT THE RATE OF ONE AND ONE-HALF HOURS PER
MONTH FOR THE NUMBER OF MONTHS BETWEEN THE EFFECTIVE DATE AND THE FIRST
REGISTRATION DATE. THEREAFTER, A LICENSEE WHO HAS NOT SATISFIED THE
MANDATORY CONTINUING EDUCATION REQUIREMENTS SHALL NOT BE ISSUED A TRIEN-
NIAL REGISTRATION CERTIFICATE BY THE DEPARTMENT AND SHALL NOT PRACTICE
UNLESS AND UNTIL A CONDITIONAL REGISTRATION CERTIFICATE IS ISSUED AS
PROVIDED IN SUBDIVISION THREE OF THIS SECTION. THE INDIVIDUAL LICENSEE
SHALL DETERMINE THE SELECTION OF COURSES OR PROGRAMS OF STUDY PURSUANT
TO SUBDIVISION FOUR OF THIS SECTION. CONTINUING EDUCATION HOURS TAKEN
DURING ONE TRIENNIUM MAY NOT BE CARRIED OVER OR OTHERWISE CREDITED OR
TRANSFERRED TO A SUBSEQUENT TRIENNIUM.
3. THE DEPARTMENT, IN ITS DISCRETION, MAY ISSUE A CONDITIONAL REGIS-
TRATION TO A LICENSEE WHO FAILS TO MEET THE CONTINUING EDUCATION
REQUIREMENTS ESTABLISHED IN SUBDIVISION TWO OF THIS SECTION BUT WHO
AGREES TO MAKE UP ANY DEFICIENCIES AND TAKE ANY ADDITIONAL EDUCATION
WHICH THE DEPARTMENT MAY REQUIRE. THE FEE FOR SUCH A CONDITIONAL REGIS-
TRATION SHALL BE THE SAME AS, AND IN ADDITION TO, THE FEE FOR THE TRIEN-
NIAL REGISTRATION. THE DURATION OF SUCH CONDITIONAL REGISTRATION SHALL
BE DETERMINED BY THE DEPARTMENT BUT SHALL NOT EXCEED ONE YEAR. ANY
LICENSEE WHO IS NOTIFIED OF THE DENIAL OF REGISTRATION FOR FAILURE TO
COMPLETE THE REQUIRED CONTINUED EDUCATION AND WHO CONTINUES TO PRACTICE
NATUROPATHIC MEDICINE WITHOUT SUCH REGISTRATION, SHALL BE SUBJECT TO
A. 4825 14
DISCIPLINARY PROCEEDINGS PURSUANT TO SECTION SIXTY-FIVE HUNDRED TEN OF
THIS TITLE.
4. AS USED IN THIS SECTION, "ACCEPTABLE FORMAL CONTINUING EDUCATION"
SHALL MEAN FORMAL PROGRAMS OF LEARNING WHICH CONTAIN SUBJECT MATTER
WHICH MEET THE FOLLOWING REQUIREMENTS: CONTRIBUTES TO THE ENHANCEMENT OF
PROFESSIONAL AND CLINICAL SKILLS OF THE NATUROPATHIC DOCTOR; MEETS THE
STANDARDS PRESCRIBED BY REGULATIONS OF THE COMMISSIONER IN CONSULTATION
WITH THE BOARD TO FULFILL THE MANDATORY CONTINUING EDUCATION REQUIRE-
MENT; AND IS SPONSORED OR PRESENTED BY A STATE OR A CANADIAN PROVINCE
NATUROPATHIC MEDICINE PROFESSIONAL ORGANIZATION ACCEPTABLE TO THE
DEPARTMENT, A UNITED STATES OR CANADIAN NATIONAL NATUROPATHIC MEDICINE
PROFESSIONAL ORGANIZATION ACCEPTABLE TO THE DEPARTMENT, AN INSTITUTION
OF HIGHER LEARNING HAVING AN ACCREDITATION ACCEPTABLE TO THE DEPARTMENT,
OR ANOTHER SPONSOR APPROVED BY THE DEPARTMENT, PURSUANT TO THE REGU-
LATION OF THE COMMISSIONER. CONTINUING EDUCATION COURSES MUST BE TAKEN
FROM A PROVIDER WHO HAS BEEN APPROVED BY THE DEPARTMENT, BASED UPON AN
APPLICATION AND FEE, PURSUANT TO THE REGULATIONS OF THE COMMISSIONER.
THE DEPARTMENT MAY, IN ITS DISCRETION AND AS NEEDED TO CONTRIBUTE TO THE
HEALTH AND WELFARE OF THE PUBLIC, REQUIRE THE COMPLETION OF CONTINUING
EDUCATION ACTIVITIES IN SPECIFIC SUBJECTS TO FULFILL THIS MANDATORY
CONTINUING EDUCATION REQUIREMENT.
5. LICENSED NATUROPATHIC DOCTORS SHALL MAINTAIN ADEQUATE DOCUMENTATION
OF COMPLETION OF ACCEPTABLE FORMAL CONTINUING EDUCATION AND SHALL
PROVIDE SUCH DOCUMENTATION TO THE DEPARTMENT UPON REQUEST. FAILURE TO
PROVIDE SUCH DOCUMENTATION UPON REQUEST OF THE DEPARTMENT SHALL BE AN
ACT OF MISCONDUCT SUBJECT TO DISCIPLINARY PROCEEDINGS PURSUANT TO
SECTION SIXTY-FIVE HUNDRED TEN OF THIS TITLE.
6. THE MANDATORY CONTINUING EDUCATION FEE SHALL BE FIFTY DOLLARS,
SHALL BE PAYABLE ON OR BEFORE THE FIRST DAY OF EACH TRIENNIAL REGISTRA-
TION PERIOD, AND SHALL BE IN ADDITION TO THE TRIENNIAL REGISTRATION FEE
REQUIRED BY SECTION SIXTY-EIGHT HUNDRED FIFTY-SEVEN OF THIS ARTICLE.
§ 3. 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
professional service limited liability company formed to provide medical
services as such services are defined in article 131 of the education
law, each member of such limited liability company must be licensed
pursuant to article 131 of the education law to practice medicine in
this state. WITH RESPECT TO A PROFESSIONAL SERVICE LIMITED LIABILITY
COMPANY FORMED TO PROVIDE NATUROPATHIC SERVICES AS SUCH SERVICES ARE
DEFINED IN ARTICLE 138 OF THE EDUCATION LAW, EACH MEMBER OF SUCH LIMITED
LIABILITY COMPANY MUST BE LICENSED PURSUANT TO ARTICLE 138 OF THE EDUCA-
TION LAW TO PRACTICE NATUROPATHY IN THIS STATE. With respect to a
professional service limited liability company formed to provide dental
services as such services are defined in article 133 of the education
law, each member of such limited liability company must be licensed
pursuant to article 133 of the education law to practice dentistry in
this state. With respect to a professional service limited liability
A. 4825 15
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 educa-
tion law to practice veterinary medicine in this state. With respect to
a professional service limited liability company formed to provide
professional engineering, land surveying, architectural, 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 crea-
tive 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 profes-
sional 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.
§ 4. 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:
A. 4825 16
(b) With respect to a professional service limited liability company
formed to provide medical services as such services are defined in arti-
cle 131 of the education law, each member of such limited liability
company must be licensed pursuant to article 131 of the education law to
practice medicine in this state. WITH RESPECT TO A PROFESSIONAL SERVICE
LIMITED LIABILITY COMPANY FORMED TO PROVIDE NATUROPATHIC SERVICES AS
SUCH SERVICES ARE DEFINED IN ARTICLE 138 OF THE EDUCATION LAW, EACH
MEMBER OF SUCH LIMITED LIABILITY COMPANY MUST BE LICENSED PURSUANT TO
ARTICLE 138 OF THE EDUCATION LAW TO PRACTICE NATUROPATHY IN THIS STATE.
With respect to a professional service limited liability company formed
to provide dental services as such services are defined in article 133
of the education law, each member of such limited liability company must
be licensed pursuant to article 133 of the education law to practice
dentistry in this state. With respect to a professional service limited
liability company formed to provide veterinary services as such services
are defined in article 135 of the education law, each member of such
limited liability company must be licensed pursuant to article 135 of
the education law to practice veterinary medicine in this state. With
respect to a professional service limited liability company formed to
provide professional engineering, land surveying, architectural, land-
scape 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.
A. 4825 17
§ 5. 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 PROFESSIONAL SERVICE LIMITED LIABILITY COMPANY FORMED
TO PROVIDE NATUROPATHIC SERVICES AS SUCH SERVICES ARE DEFINED IN ARTICLE
138 OF THE EDUCATION LAW, EACH MEMBER OF SUCH LIMITED LIABILITY COMPANY
MUST BE LICENSED PURSUANT TO ARTICLE 138 OF THE EDUCATION LAW TO PRAC-
TICE NATUROPATHY IN THIS STATE. With respect to a foreign professional
service limited liability company which provides veterinary services as
such services are defined in article 135 of the education law, each
member of such foreign professional service limited liability company
shall be licensed pursuant to article 135 of the education law to prac-
tice 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 medi-
cine in this state. With respect to a foreign professional service
limited liability company which provides dental services as such
services are defined in article 133 of the education law, each member of
such foreign professional service limited liability company must be
licensed pursuant to article 133 of the education law to practice
dentistry in this state. With respect to a foreign professional service
limited liability company which provides professional engineering, land
surveying, geologic, architectural and/or landscape architectural
services as such services are defined in article 145, article 147 and
article 148 of the education law, each member of such foreign profes-
sional 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 profes-
sional service limited liability company shall be licensed pursuant to
A. 4825 18
article 154 of the education law to practice clinical social work in
this state. With respect to a foreign professional service limited
liability company which provides creative arts therapy services as such
services are defined in article 163 of the education law, each member of
such foreign professional service limited liability company must be
licensed pursuant to article 163 of the education law to practice crea-
tive 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 educa-
tion 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 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.
§ 6. 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
NATUROPATHIC SERVICES IN THIS STATE MUST BE LICENSED PURSUANT TO ARTICLE
138 OF THE EDUCATION LAW TO PRACTICE NATUROPATHY IN THIS STATE. Each
partner of a registered limited liability partnership formed to provide
veterinary services in this state must be licensed pursuant to article
135 of the education law to practice veterinary medicine in this state.
Each partner of a registered limited liability partnership formed to
provide professional engineering, land surveying, 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
A. 4825 19
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 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.
§ 7. 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 NATUROPATHIC
SERVICES IN THIS STATE MUST BE LICENSED PURSUANT TO ARTICLE 138 OF THE
EDUCATION LAW TO PRACTICE NATUROPATHY IN THIS STATE. Each partner of a
foreign limited liability partnership which provides veterinary service
in the state shall be licensed pursuant to article 135 of the education
law to practice veterinary medicine in this state. Each partner of a
foreign limited liability partnership which provides professional engi-
neering, land surveying, 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
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.
A. 4825 20
§ 8. Paragraph (a) of subdivision 1 of section 413 of the social
services law, as amended by section 7 of part C of chapter 57 of the
laws of 2018, is amended to read as follows:
(a) The following persons and officials are required to report or
cause a report to be made in accordance with this title when they have
reasonable cause to suspect that a child coming before them in their
professional or official capacity is an abused or maltreated child, or
when they have reasonable cause to suspect that a child is an abused or
maltreated child where the parent, guardian, custodian or other person
legally responsible for such child comes before them in their profes-
sional or official capacity and states from personal knowledge facts,
conditions or circumstances which, if correct, would render the child an
abused or maltreated child: any physician; registered physician assist-
ant; surgeon; medical examiner; coroner; dentist; dental hygienist;
osteopath; optometrist; chiropractor; podiatrist; NATUROPATHIC DOCTOR;
resident; intern; psychologist; registered nurse; social worker; emer-
gency medical technician; licensed creative arts therapist; licensed
marriage and family therapist; licensed mental health counselor;
licensed psychoanalyst; licensed behavior analyst; certified behavior
analyst assistant; hospital personnel engaged in the admission, examina-
tion, care or treatment of persons; a Christian Science practitioner;
school official, which includes but is not limited to school teacher,
school guidance counselor, school psychologist, school social worker,
school nurse, school administrator or other school personnel required to
hold a teaching or administrative license or certificate; full or part-
time compensated school employee required to hold a temporary coaching
license or professional coaching certificate; social services worker;
employee of a publicly-funded emergency shelter for families with chil-
dren; director of a children's overnight camp, summer day camp or trav-
eling summer day camp, as such camps are defined in section thirteen
hundred ninety-two of the public health law; day care center worker;
school-age child care worker; provider of family or group family day
care; employee or volunteer in a residential care facility for children
that is licensed, certified or operated by the office of children and
family services; or any other child care or foster care worker; mental
health professional; substance abuse counselor; alcoholism counselor;
all persons credentialed by the office of alcoholism and substance abuse
services; employees, who are expected to have regular and substantial
contact with children, of a health home or health home care management
agency contracting with a health home as designated by the department of
health and authorized under section three hundred sixty-five-l of this
chapter or such employees who provide home and community based services
under a demonstration program pursuant to section eleven hundred fifteen
of the federal social security act who are expected to have regular and
substantial contact with children; peace officer; police officer;
district attorney or assistant district attorney; investigator employed
in the office of a district attorney; or other law enforcement official.
§ 9. Subdivision 6 of section 571 of the public health law, as amended
by chapter 444 of the laws of 2013, is amended to read as follows:
6. "Qualified health care professional" means a physician, dentist,
podiatrist, NATUROPATHIC DOCTOR, optometrist performing a clinical labo-
ratory test that does not use an invasive modality as defined in section
seventy-one hundred one of the education law, physician assistant,
specialist assistant, nurse practitioner, or midwife, who is licensed
and registered with the state education department.
A. 4825 21
§ 10. Subdivision 1 of section 585 of the public health law, as added
by chapter 803 of the laws of 1992, is amended to read as follows:
1. "Health services purveyor" means any person, firm, partnership,
group, association, corporation or professional corporation, or any
agent, employee, fiduciary, employer or representative thereof, includ-
ing but not limited to a physician, dentist, podiatrist, NATUROPATHIC
DOCTOR or chiropractor, either in individual practice, group practice or
employed in a facility owned by any person, group, association, firm,
partnership or corporation hiring any of the aforementioned practition-
ers, who provide health or health related services.
§ 11. This act shall take effect immediately; provided that:
a. sections one, two, three, four, five, six, seven, nine and ten of
this act shall take effect on the five hundred fortieth day after it
shall have become a law; and
b. 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 and directed to be made and completed by
the commissioner of education and the board of regents on or before such
effective date.