Senate Bill S7371

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7371
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                            September 10, 2021
                                ___________
 
 Introduced  by  Sen. HINCHEY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the education law, the limited  liability  company  law,
   the  partnership  law  and  the  public health law, in relation to the
   practice of naturopathy; and to amend  the  social  services  law,  in
   relation to the reporting of child abuse
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The education law is amended by adding a new article 138 to
 read as follows:
                                ARTICLE 138
                           NATUROPATHIC MEDICINE
 SECTION 6850. INTRODUCTION.
         6851. DEFINITION OF THE PRACTICE OF NATUROPATHIC MEDICINE.
         6852. PRACTICE OF NATUROPATHIC MEDICINE AND USE OF TITLE  "NATU-
                 ROPATHIC DOCTOR".
         6853. INJECTION THERAPY AND INJECTION THERAPY PRIVILEGE.
         6854. BOUNDARIES OF PROFESSIONAL COMPETENCE.
         6855. STATE BOARD FOR NATUROPATHIC MEDICINE.
         6856. QUALIFICATIONS FOR LICENSURE.
         6857. SPECIAL PROVISIONS.
         6858. EXEMPT PERSONS AND EXEMPTIONS.
         6859. LIMITED RESIDENCY PERMITS.
         6860. LIMITED PERMITS.
         6861. MANDATORY CONTINUING EDUCATION.
   §  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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD08991-01-1

 S. 7371                             2
 
   § 6851. DEFINITION OF THE PRACTICE OF NATUROPATHIC MEDICINE.   1.  THE
 PRACTICE  OF  NATUROPATHIC MEDICINE, A DISTINCT AND COMPREHENSIVE SYSTEM
 OF PRIMARY HEALTH CARE, IS DEFINED AS FACILITATING WELLNESS AND PREVENT-
 ING, DIAGNOSING AND TREATING ANY HUMAN DISEASE, PAIN, INJURY, DEFORMITY,
 PHYSICAL  CONDITION,  OR  MALADAPTIVE BEHAVIOR USING METHODS, INCLUDING,
 BUT NOT LIMITED TO:
   A. PATIENT INTERVIEW.
   B. COMPREHENSIVE PHYSICAL EXAMINATION.
   C. ORDERING AND PRESCRIBING LABORATORY TESTS AND PROCEDURES WITH LABO-
 RATORIES THAT HOLD A PERMIT PURSUANT TO TITLE FIVE OF  ARTICLE  FIVE  OF
 THE PUBLIC HEALTH LAW.
   D.  ADMINISTERING  IN-OFFICE  LABORATORY  TESTS AND PROVIDER-PERFORMED
 MICROSCOPY PROCEDURES UNDER A CLINICAL LABORATORY IMPROVEMENT  AMENDMENT
 OF 1988 (CLIA) CERTIFICATE, AS AN ADJUNCT TO THE TREATMENT OF HIS OR HER
 OWN PATIENTS.
   E.  SPECIMEN COLLECTION METHODS INCLUDING, PATIENT SUBMISSION, PHLEBO-
 TOMY, HAIR SPECIMEN CUTTING, NASOPHARYNGEAL  WASH,  AND  PROCEDURES  FOR
 COLLECTING  TISSUE,  SECRETIONS,  EXCRETIONS AND CYTOLOGY SAMPLES WITH A
 SPECULUM, SPATULA, SWAB, BRUSH OR CONTAINER.
   F. ORDERING AND PRESCRIBING DIAGNOSTIC IMAGING INCLUDING  RADIOGRAPHY,
 TOMOGRAPHY,  MAGNETIC  RESONANCE IMAGING, ULTRASONOGRAPHY AND THERMOGRA-
 PHY, AND EXCLUDING ORDERING AND PRESCRIBING NUCLEAR MEDICINE  AND  FLUO-
 ROSCOPY.
   G.  USING  INGESTIBLE  SENSORS  IN THE ALIMENTARY CANAL FOR DIAGNOSTIC
 PURPOSES.
   H. ADMINISTERING AND PRESCRIBING DIET  AND  LIFESTYLE  COUNSELING  AND
 PATIENT EDUCATION AS TO CIRCUMSTANCES OF HEALTH AND ILLNESS.
   I. ADMINISTERING AND PRESCRIBING COUNSELING, BIOFEEDBACK, AND HYPNOSIS
 WITH  THE INTENT OF ASSISTING A PERSON TO MANAGE STRESSORS, MODIFY MALA-
 DAPTIVE BEHAVIOR AND MAINTAIN WELLNESS.
   J. ADMINISTERING AND PRESCRIBING NATUROPATHIC MANUAL  THERAPY  AS  THE
 APPLICATION  OF  TOUCH, MASSAGE, STRETCHING, RESISTANCE, JOINT MOBILIZA-
 TION AND JOINT MANIPULATION.
   K. ADMINISTERING AND PRESCRIBING THERAPEUTIC EXERCISE.
   L. ADMINISTERING AND PRESCRIBING NATUROPATHIC PHYSICAL  AGENT  MODALI-
 TIES  OF  HYDROTHERAPY,  COLONIC  IRRIGATION, ELECTROTHERAPY, DIATHERMY,
 ULTRASOUND AND PHOTOTHERAPY.
   M. ADMINISTERING, PRESCRIBING,  ORDERING  AND  DISPENSING  THERAPEUTIC
 DEVICES THAT DO NOT REQUIRE A PRESCRIPTION.
   N.  PRESCRIBING,  ORDERING, INSTALLING, REMOVING AND ADJUSTING BARRIER
 CONTRACEPTIVE DEVICES.
   O. ADMINISTERING, PRESCRIBING,  ORDERING,  AND  DISPENSING  SUBSTANCES
 THAT  DO  NOT  REQUIRE  A  PRESCRIPTION UNDER THE FEDERAL FOOD, DRUG AND
 COSMETIC ACT, AS AMENDED, INCLUDING, BUT NOT LIMITED TO,  OVER-THE-COUN-
 TER  DRUGS,  VITAMINS,  MINERALS,  AMINO  ACIDS, BOTANICAL PREPARATIONS,
 HOMEOPATHIC PREPARATIONS, DIETARY SUPPLEMENTS, FOOD  CONCENTRATES,  FOOD
 EXTRACTS AND OTHER DIETARY INGREDIENTS.
   P.  ADMINISTERING  AND  PRESCRIBING  THE  FOLLOWING  DRUGS FOR WHICH A
 PRESCRIPTION IS REQUIRED UNDER THE FEDERAL FOOD, DRUG AND COSMETIC ACT:
   (I) EPINEPHRINE TO TREAT ANAPHYLAXIS; AND
   (II) NATURAL AND SYNTHETIC HORMONES.
   2. IN THE PRACTICE OF NATUROPATHIC MEDICINE A NATUROPATHIC DOCTOR  MAY
 USE  ROUTES  OF  ADMINISTRATION  THAT  INCLUDE ORAL, SUBLINGUAL, BUCCAL,
 NASAL,  AURICULAR,  OCULAR,  RECTAL,  VAGINAL,  TRANSDERMAL,  AND,   FOR
 EPINEPHRINE, INJECTION BY AUTO-INJECTION DEVICE.

 S. 7371                             3
 
   3.  IN THE PRACTICE OF NATUROPATHIC MEDICINE A NATUROPATHIC DOCTOR MAY
 USE MEDICAL DEVICES THAT ARE EXEMPT OR ARE CLASS I OR CLASS  II  DEVICES
 IDENTIFIED UNDER TITLE TWENTY-ONE OF THE CODE OF FEDERAL REGULATIONS.
   §  6852.  PRACTICE  OF NATUROPATHIC MEDICINE AND USE OF TITLE "NATURO-
 PATHIC DOCTOR". 1. ONLY A PERSON LICENSED UNDER THIS ARTICLE MAY USE THE
 TITLE "NATUROPATHIC  DOCTOR",  "LICENSED  NATUROPATH"  OR  "PROFESSIONAL
 NATUROPATH"  AND  HOLD HERSELF OR HIMSELF OUT AS PRACTICING NATUROPATHIC
 MEDICINE.
   2. NO PERSON LICENSED UNDER THIS ARTICLE SHALL HOLD HERSELF OR HIMSELF
 OUT AS PRACTICING ANY OTHER PROFESSION REGULATED BY THIS TITLE, OR USE A
 TITLE OF ANY OTHER PROFESSION, UNLESS OTHERWISE  AUTHORIZED  UNDER  THIS
 TITLE.
   §  6853.  INJECTION  THERAPY  AND INJECTION THERAPY PRIVILEGE. 1.  FOR
 ISSUANCE OF A PRIVILEGE TO PRACTICE INJECTION THERAPY AS  SUCH  TERM  IS
 USED IN THIS ARTICLE, THE APPLICANT SHALL FULFILL THE FOLLOWING REQUIRE-
 MENTS:
   A.  APPLICATION:    FILE  AN  APPLICATION  WITH THE DEPARTMENT FOR THE
 INJECTION THERAPY PRIVILEGE;
   B. LICENSE STATUS:  BE LICENSED OR HOLD  EITHER  A  LIMITED  RESIDENCY
 PERMIT  OR  LIMITED  PERMIT  TO  PRACTICE THE PROFESSION OF NATUROPATHIC
 MEDICINE IN THIS STATE;
   C. TRAINING: (I) HAVE SUCCESSFULLY COMPLETED  A  COURSE  IN  INJECTION
 THERAPY  HAVING  A SYLLABUS AND PRACTICUM IN ACCORDANCE WITH REGULATIONS
 PROMULGATED BY THE COMMISSIONER FROM A COURSE PROVIDER APPROVED  BY  THE
 DEPARTMENT; (II) HAVE SUCCESSFULLY COMPLETED TRAINING IN INJECTION THER-
 APY  AS  PART  OF A PROGRAM OF NATUROPATHIC MEDICINE REGISTERED WITH THE
 DEPARTMENT OR THE  SUBSTANTIAL  EQUIVALENT  THEREOF;  OR  (III)  PROVIDE
 DOCUMENTATION  THAT  HE  OR SHE HAS TRAINING AND EXPERIENCE IN INJECTION
 THERAPY THAT IS ACCEPTABLE TO THE DEPARTMENT;
   D. FEE: PAY A FEE TO THE DEPARTMENT OF TWO  HUNDRED  DOLLARS  FOR  THE
 ISSUANCE AND INITIAL REGISTRATION OF THE INJECTION THERAPY PRIVILEGE.
   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, OR UNLESS EXPIRED.  SUCH A PRIVILEGE  SHALL  BE
 SUBJECT  TO  THE  SAME OVERSIGHT AND DISCIPLINARY PROVISIONS AS LICENSES
 ISSUED UNDER THIS TITLE. THE HOLDER OF A  PRIVILEGE  ISSUED  UNDER  THIS
 SECTION  SHALL REGISTER WITH THE DEPARTMENT AS A PRIVILEGE HOLDER IN THE
 SAME MANNER AND SUBJECT TO THE SAME PROVISIONS AS REQUIRED OF A LICENSEE
 PURSUANT TO SECTION SIXTY-FIVE HUNDRED TWO OF THIS TITLE.  THE  FEE  FOR
 SUCH  REGISTRATION SHALL BE ONE HUNDRED DOLLARS. THE REGISTRATION PERIOD
 FOR A PRIVILEGE HOLDER SHALL BE COTERMINOUS WITH HIS OR HER REGISTRATION
 BY LICENSE OR PERMIT TO PRACTICE THE PROFESSION  OF  NATUROPATHIC  MEDI-
 CINE.
   3. A STUDENT IN A DOCTORAL PROGRAM OF NATUROPATHIC MEDICINE ACCEPTABLE
 TO  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 DIRECT  SUPERVISION  OF  A  PHYSICIAN
 LICENSED  UNDER  THIS TITLE OR A NATUROPATHIC DOCTOR LICENSED UNDER THIS
 ARTICLE HAVING INJECTION THERAPY PRIVILEGE WHO IS PROFESSIONALLY RESPON-
 SIBLE FOR THE PERFORMANCE OF THE INJECTION PROCEDURE, AND IS ABLE TO  BE
 AVAILABLE TO FURNISH ASSISTANCE AND DIRECTION THROUGHOUT THE PERFORMANCE
 OF THE INJECTION PROCEDURE, BUT NEED NOT BE PRESENT IN THE ROOM WHEN THE
 INJECTION PROCEDURE IS PERFORMED.
   4.  (A) INJECTION THERAPY IS ADMINISTERING AND PRESCRIBING, IN COMPLI-
 ANCE WITH FEDERAL AND STATE LAW, THE FOLLOWING:  (I)  THESE  SUBSTANCES,

 S. 7371                             4
 
 WHEN  SUCH SUBSTANCES ARE CHEMICALLY IDENTICAL TO THOSE FOR SALE WITHOUT
 A PRESCRIPTION:  VITAMINS, MINERALS, AMINO  ACIDS,  GLUTATHIONE,  BOTAN-
 ICALS AND THEIR EXTRACTS, HOMEOPATHIC PREPARATIONS, ELECTROLYTES, SUGARS
 AND  DILUENTS;  AND  (II)  NATURAL AND SYNTHETIC HORMONES, LIDOCAINE AND
 PLASMA.
   (B) INJECTION THERAPY IS LIMITED TO THE FOLLOWING ROUTES  OF  ADMINIS-
 TRATION:   INTRAVENOUS, INTRAMUSCULAR, INTRA-ARTICULAR, SUBCUTANEOUS AND
 INTRADERMAL.
   § 6854. BOUNDARIES OF PROFESSIONAL COMPETENCE. THE  ACTIVITIES  ENCOM-
 PASSED  WITHIN  THE  DEFINITION OF THE PRACTICE OF NATUROPATHIC MEDICINE
 SHALL NOT INCLUDE:
   1. ADMINISTERING OR PRESCRIBING CONTROLLED SUBSTANCES;
   2. DIAGNOSTIC AND THERAPEUTIC METHODS  IN  WHICH  BONE,  VISCERA,  THE
 EYEBALL,  THE  INNER  EAR,  THE  DORSAL BODY CAVITY, OR THE VENTRAL BODY
 CAVITY IS PENETRATED BY A PHYSICAL DEVICE;
   3. SURGERY AS A MEDICAL PROCEDURE FOR STRUCTURALLY ALTERING THE  HUMAN
 BODY  BY  CUTTING  INTO  LIVE  HUMAN TISSUE FOR THE PURPOSE OF LOCALIZED
 ALTERATION, TRANSPORTATION, OR DESTRUCTION OF LIVE  HUMAN  TISSUE  USING
 IONIZING  RADIATION OR AN INSTRUMENT, SUCH AS A LASER, SCALPEL OR PROBE.
 NOTHING IN THIS DELIMITATION OF SURGERY SHALL PRECLUDE INJECTION;
   4. ADMINISTERING  RADIOLOGICAL  PROCEDURES  USING  IONIZING  RADIATION
 ABOVE BACKGROUND LEVELS;
   5. ADMINISTERING OR PRESCRIBING GENERAL OR SPINAL ANESTHETIC DRUGS;
   6.  OBSTETRIC SERVICES FOLLOWING DETECTION OF PREGNANCY THROUGH DELIV-
 ERY OR TERMINATION, OTHER THAN PRENATAL WELLNESS CARE;
   7. ACUPUNCTURE;
   8. SETTING FRACTURES;
   9. TREATMENT FOR MALIGNANCIES OTHER THAN ANCILLARY THERAPIES  PROVIDED
 IN COLLABORATION WITH AN ONCOLOGIST;
   10.  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; AND
   11. MARITAL AND FAMILY THERAPY, PSYCHOANALYSIS AND CREATIVE ARTS THER-
 APY.
   §  6855.  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
 AND PROFESSIONAL CONDUCT IN ACCORDANCE WITH SECTION  SIXTY-FIVE  HUNDRED
 EIGHT  OF  THIS TITLE. THE BOARD SHALL BE COMPOSED OF TWO MEMBERS OF THE
 PUBLIC WHO ARE CONSUMERS OF NATUROPATHIC MEDICINE AND  NOT  EMPLOYED  BY
 NOR  PRACTITIONERS  OF  NATUROPATHIC  MEDICINE  UNDER  THIS ARTICLE, TWO
 LICENSED PHYSICIANS WHO ARE A DOCTOR OF MEDICINE OR A DOCTOR OF OSTEOPA-
 THY, AND NOT LESS THAN SIX PERSONS   LICENSED UNDER  THIS  ARTICLE.    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 APPOINTMENT 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 RECOMMENDATION 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

 S. 7371                             5
 
 WHENEVER  POSSIBLE  TO  NATIONALLY RECOGNIZED TEST DEVELOPMENT STANDARDS
 AND TEST COMPETENCIES FOR NATUROPATHIC MEDICINE.
   §  6856.  QUALIFICATIONS  FOR  LICENSURE.  TO QUALIFY FOR A LICENSE TO
 PRACTICE THE PROFESSION OF NATUROPATHIC  MEDICINE,  AN  APPLICANT  SHALL
 FULFILL THE FOLLOWING REQUIREMENTS:
   1. APPLICATION: FILE AN APPLICATION WITH THE DEPARTMENT;
   2.  EDUCATION: HAVE RECEIVED 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, IN ACCORDANCE  WITH  THE  COMMISSIONER'S
 REGULATIONS;
   3. EXPERIENCE:  HAVE SATISFACTORILY COMPLETED A POST-GRADUATE RESIDEN-
 CY  PROGRAM  OF NATUROPATHIC MEDICINE OF AT LEAST TWELVE MONTHS DURATION
 APPROVED BY THE DEPARTMENT, OR THE SUBSTANTIAL EQUIVALENT  THEREOF,  AND
 IN ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS;
   4.  EXAMINATION:  PASS AN EXAMINATION SATISFACTORY TO THE BOARD AND IN
 ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS;
   5. AGE: BE AT LEAST TWENTY-ONE YEARS OF AGE;
   6. CHARACTER:  BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE DEPART-
 MENT; AND
   7. FEE: 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.
   § 6857. SPECIAL PROVISIONS. 1. POST-EFFECTIVE DATE GRADUATES. A PERSON
 SHALL  QUALIFY  FOR A LICENSE TO PRACTICE THE PROFESSION OF NATUROPATHIC
 MEDICINE WITHOUT RESIDENCY EXPERIENCE, PROVIDED THAT WITHIN TEN YEARS OF
 THE EFFECTIVE DATE OF THIS  ARTICLE,  THE  PERSON  MEETS  THE  FOLLOWING
 REQUIREMENTS:
   A.  AS  PER  SECTION  SIXTY-EIGHT HUNDRED FIFTY-THREE OF THIS ARTICLE,
 FILES AN APPLICATION, MEETS THE EDUCATION, EXAMINATION, AGE AND  CHARAC-
 TER REQUIREMENTS, AND PAYS THE APPROPRIATE FEES; AND
   B.  ESTABLISHES  PROOF  OF  PRACTICE  BY  (I)  PROVIDING  SATISFACTORY
 EVIDENCE OF PRACTICE OF NATUROPATHIC MEDICINE TO THE DEPARTMENT  OF  NOT
 LESS  THAN THREE YEARS DURING THE FIVE YEARS PRECEDING THE FILING OF THE
 APPLICATION, OR (II) PRACTICING UNDER A LIMITED PERMIT IN THE STATE  FOR
 AT LEAST TWO OF THE THREE YEARS PRECEDING THE FILING OF THE APPLICATION.
   2. PRE-NINETEEN HUNDRED EIGHTY-EIGHT GRADUATES. A PERSON SHALL QUALIFY
 FOR  A LICENSE TO PRACTICE THE PROFESSION OF NATUROPATHIC MEDICINE WITH-
 OUT RESIDENCY EXPERIENCE OR EXAMINATION, PROVIDED THAT WITHIN TEN  YEARS
 OF  THE  EFFECTIVE  DATE OF THIS ARTICLE, THE PERSON MEETS THE FOLLOWING
 REQUIREMENTS:
   A. AS PER SECTION SIXTY-EIGHT HUNDRED  FIFTY-THREE  OF  THIS  ARTICLE,
 FILES AN APPLICATION, MEETS THE AGE AND CHARACTER REQUIREMENTS, AND PAYS
 THE APPROPRIATE FEES; AND
   B. HAS GRADUATED PRIOR TO JANUARY FIRST, NINETEEN HUNDRED EIGHTY-EIGHT
 FROM  A  DOCTORAL  DEGREE PROGRAM OF NATUROPATHIC MEDICAL EDUCATION FROM
 JOHN BASTYR COLLEGE  OF  NATUROPATHIC  MEDICINE,  LATER  RENAMED  BASTYR
 UNIVERSITY,  OR NATIONAL COLLEGE OF NATUROPATHIC MEDICINE, LATER RENAMED
 NATIONAL UNIVERSITY OF NATURAL MEDICINE; AND
   C.  ESTABLISHES  PROOF  OF  PRACTICE  BY  (I)  PROVIDING  SATISFACTORY
 EVIDENCE  OF  PRACTICE OF NATUROPATHIC MEDICINE TO THE DEPARTMENT OF NOT
 LESS THAN THREE YEARS DURING THE FIVE YEARS PRECEDING THE FILING OF  THE
 APPLICATION,  OR (II) PRACTICING UNDER A LIMITED PERMIT IN THE STATE FOR
 AT LEAST TWO OF THE THREE YEARS PRECEDING THE FILING OF THE APPLICATION.
   3. POST-NINETEEN HUNDRED EIGHTY-SEVEN PRE-EFFECTIVE DATE GRADUATES.  A
 PERSON SHALL QUALIFY FOR A LICENSE TO PRACTICE THE PROFESSION OF NATURO-

 S. 7371                             6
 
 PATHIC  MEDICINE  WITH  OR  WITHOUT  RESIDENCY EXPERIENCE, PROVIDED THAT
 WITHIN TEN YEARS OF THE EFFECTIVE DATE OF THIS ARTICLE, THE PERSON MEETS
 THE FOLLOWING REQUIREMENTS:
   A.  AS  PER  SECTION  SIXTY-EIGHT HUNDRED FIFTY-THREE OF THIS ARTICLE,
 FILES AN APPLICATION, MEETS THE AGE AND CHARACTER REQUIREMENTS, AND PAYS
 THE APPROPRIATE FEES; AND
   B. HAVE GRADUATED FROM  A  DOCTORAL  DEGREE  PROGRAM  OF  NATUROPATHIC
 MEDICAL  EDUCATION  THAT AT THE TIME OF GRADUATION WAS ACCREDITED BY THE
 COUNCIL ON NATUROPATHIC MEDICAL EDUCATION; AND
   C. ESTABLISH PROOF OF PRACTICE BY (I) HAVING  SUCCESSFULLY  COMPLETED,
 NO  MORE THAN THREE YEARS PRIOR TO FILING THE APPLICATION, A POST-GRADU-
 ATE RESIDENCY PROGRAM OF NATUROPATHIC MEDICINE OF AT LEAST TWELVE MONTHS
 DURATION SPONSORED BY AN INSTITUTION APPROVED BY THE COUNCIL ON  NATURO-
 PATHIC  MEDICAL  EDUCATION TO SPONSOR RESIDENCY PROGRAMS; (II) PROVIDING
 SATISFACTORY EVIDENCE  OF  PRACTICE  OF  NATUROPATHIC  MEDICINE  TO  THE
 DEPARTMENT  OF NOT LESS THAN THREE YEARS DURING THE FIVE YEARS PRECEDING
 THE FILING OF THE APPLICATION;  OR  (III)  PRACTICING  UNDER  A  LIMITED
 PERMIT  IN  THE  STATE FOR AT LEAST TWO OF THE THREE YEARS PRECEDING THE
 FILING OF THE APPLICATION; AND
   D. HAVE PASSED  THE  NATUROPATHIC  PHYSICIANS  LICENSING  EXAMINATIONS
 (NPLEX) ADMINISTERED BY THE NORTH AMERICAN BOARD OF NATUROPATHIC EXAMIN-
 ERS.
   4.  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.
   § 6858. EXEMPT PERSONS AND EXEMPTIONS. NOTHING CONTAINED IN THIS ARTI-
 CLE SHALL BE CONSTRUED TO AFFECT OR PREVENT THE FOLLOWING:
   1.  THE  PRACTICE,  CONDUCT,  ACTIVITIES  OR  SERVICES  OF  ANY PERSON
 LICENSED UNDER THIS TITLE PERFORMED INCIDENTAL TO THE PRACTICE OF HIS OR
 HER PROFESSION, PROVIDED, HOWEVER, THAT NO SUCH PERSON MAY USE THE TITLE
 NATUROPATHIC  DOCTOR  NOR  USE  THE  WORDS  "NATUROPATHIC  MEDICINE"  TO
 DESCRIBE HIS OR HER SERVICES, UNLESS LICENSED UNDER THIS ARTICLE.
   2.  A  STUDENT,  INTERN  OR  RESIDENT FROM ENGAGING IN THE PRACTICE OF
 NATUROPATHIC MEDICINE WHILE PARTICIPATING IN THE EDUCATION OR EXPERIENCE
 REQUIREMENTS DEFINED IN SUBDIVISIONS TWO AND  THREE  OF  SECTION  SIXTY-
 EIGHT HUNDRED FIFTY-SEVEN OF THIS ARTICLE.
   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

 S. 7371                             7
 
 PROVIDING INSTRUCTION, ADVICE, SUPPORT, ENCOURAGEMENT, OR INFORMATION TO
 INDIVIDUALS, FAMILIES, AND RELATIONAL GROUPS.
   8.  A PERSON WHO DOES NOT HOLD HIMSELF OR HERSELF OUT TO BE A LICENSED
 NATUROPATHIC DOCTOR FORM PROVIDING GENERAL NON-MEDICAL  APPLICATIONS  OF
 AIR, LIGHT, WATER, FOOD AND HERBS TO THE BODY.
   §  6859. LIMITED RESIDENCY PERMITS. 1. ELIGIBILITY:  FOR ISSUANCE OF A
 LIMITED RESIDENCY PERMIT, THE  APPLICANT  SHALL  FULFILL  THE  FOLLOWING
 REQUIREMENTS:
   A.  APPLICATION: FILE AN APPLICATION WITH THE DEPARTMENT FOR A LIMITED
 RESIDENCY PERMIT;
   B. EDUCATION: HAVE RECEIVED 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;
   C.  ACCEPTANCE:  HAVE  BEEN  ACCEPTED  INTO  A POST-GRADUATE RESIDENCY
 PROGRAM OF NATUROPATHIC MEDICINE APPROVED BY THE DEPARTMENT;
   D. CHARACTER: BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE  DEPART-
 MENT; AND
   E. AGE: BE AT LEAST TWENTY-ONE YEARS OF AGE.
   2.  LIMITS OF PRACTICE: ALL PRACTICES UNDER A LIMITED RESIDENCY PERMIT
 SHALL BE LIMITED TO FACILITIES ENCOMPASSED BY THE POST-GRADUATE RESIDEN-
 CY 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 NATUROPATHIC DOCTOR, THE OFFICE OF A
 LICENSED PHYSICIAN, OR IN THE CIVIL SERVICE OF THE  STATE  OR  POLITICAL
 SUBDIVISION THEREOF.  PRACTICE SUPERVISION OF A PERMIT HOLDER'S PRACTICE
 ACTIVITIES SHALL BE DIRECT SUPERVISION BY A LICENSED NATUROPATHIC DOCTOR
 OR  A  LICENSED  PHYSICIAN  WHO  IS  PROFESSIONALLY  RESPONSIBLE FOR THE
 PERFORMANCE OF THE PROCEDURE, AND IS CAPABLE OF RESPONDING TO A  REQUEST
 FOR ASSISTANCE WITHIN A TIMEFRAME THAT POSES NO RISK TO THE PATIENT.
   3.  DURATION:  A  LIMITED RESIDENCY PERMIT SHALL BE VALID FOR ONE YEAR
 AND MAY BE RENEWED AT THE DISCRETION OF THE DEPARTMENT  FOR  UP  TO  TWO
 YEARS AT THE DISCRETION OF THE DEPARTMENT.
   4. FEE: THE FEE FOR EACH LIMITED RESIDENCY PERMIT SHALL BE ONE HUNDRED
 DOLLARS. THE FEE FOR EACH RENEWAL SHALL BE FIFTY DOLLARS.
   §  6860.  LIMITED PERMITS. 1.  ELIGIBILITY: A LIMITED PERMIT IS ISSUED
 FOR THE PURPOSE OF PERMITTING AN APPLICANT TO ESTABLISH PROOF  OF  PRAC-
 TICE  FOR  PURPOSES  OF MEETING THE REQUIREMENTS FOR LICENSURE UNDER THE
 SPECIAL PROVISIONS OF SECTION SIXTY-EIGHT HUNDRED  FIFTY-EIGHT  OF  THIS
 ARTICLE.  FOR  ISSUANCE OF A LIMITED PERMIT, THE APPLICANT SHALL FULFILL
 THE FOLLOWING REQUIREMENTS:
   A. APPLICATION: FILE AN APPLICATION WITH THE DEPARTMENT FOR A  LIMITED
 PERMIT WITHIN NINE YEARS OF THE EFFECTIVE DATE OF THIS ARTICLE;
   B.  CHARACTER: BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE DEPART-
 MENT;
   C. AGE: BE AT LEAST TWENTY-ONE YEARS OF AGE; AND
   D. SPECIAL PROVISION APPLICABILITY:
   (I) MEET THE EDUCATION AND EXAMINATION REQUIREMENTS OF SECTION  SIXTY-
 EIGHT HUNDRED FIFTY-THREE OF THIS ARTICLE;
   (II)  HAVE  GRADUATED PRIOR TO JANUARY FIRST, NINETEEN HUNDRED EIGHTY-
 EIGHT FROM A DOCTORAL DEGREE PROGRAM OF NATUROPATHIC  MEDICAL  EDUCATION
 FROM  JOHN BASTYR COLLEGE OF NATUROPATHIC MEDICINE, LATER RENAMED BASTYR
 UNIVERSITY, OR NATIONAL COLLEGE OF NATUROPATHIC MEDICINE, LATER  RENAMED
 NATIONAL UNIVERSITY OF NATURAL MEDICINE; OR

 S. 7371                             8
 
   (III)  HAVE  GRADUATED  FROM A DOCTORAL DEGREE PROGRAM OF NATUROPATHIC
 MEDICAL EDUCATION THAT AT THE TIME OF GRADUATION WAS ACCREDITED  BY  THE
 COUNCIL  ON  NATUROPATHIC MEDICAL EDUCATION, AND HAVE PASSED THE NATURO-
 PATHIC PHYSICIANS LICENSING EXAMINATIONS  (NPLEX)  ADMINISTERED  BY  THE
 NORTH AMERICAN BOARD OF NATUROPATHIC EXAMINERS.
   2. LIMIT OF PRACTICE: SUCH LIMITED PERMIT SHALL AUTHORIZE THE PRACTICE
 OF  NATUROPATHIC MEDICINE ONLY UNDER THE SUPERVISION OF A LICENSED NATU-
 ROPATHIC DOCTOR OR A LICENSED  PHYSICIAN.  SUPERVISION  OF  THE  LIMITED
 PERMIT  HOLDER'S  PRACTICE  ACTIVITIES SHALL BE ON-SITE SUPERVISION BY A
 LICENSED NATUROPATHIC DOCTOR OR A LICENSED PHYSICIAN.
   3. DURATION: A LIMITED PERMIT SHALL BE  VALID  FOR  A  PERIOD  OF  TWO
 YEARS,  AND MAY BE RENEWED PERIODICALLY AT THE DISCRETION OF THE DEPART-
 MENT FOR ONE YEAR PERIODS.
   4. FEE: THE FEE FOR EACH LIMITED PERMIT SHALL BE TWO HUNDRED  DOLLARS.
 THE FEE FOR EACH RENEWAL SHALL BE ONE HUNDRED DOLLARS.
   § 6861. 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.    CONTINUING  EDUCATION
 HOURS  TAKEN  DURING  ONE TRIENNIUM MAY NOT BE CARRIED OVER OR OTHERWISE
 CREDITED OR TRANSFERRED TO A SUBSEQUENT TRIENNIUM.

 S. 7371                             9
 
   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
 DISCIPLINARY  PROCEEDINGS  PURSUANT TO SECTION SIXTY-FIVE HUNDRED TEN OF
 THIS TITLE.
   4. THE MANDATORY CONTINUING EDUCATION FEE SHALL BE FIFTY DOLLARS. SUCH
 FEE SHALL BE PAYABLE ON OR BEFORE THE FIRST DAY OF EACH TRIENNIAL REGIS-
 TRATION PERIOD IN ADDITION TO THE TRIENNIAL REGISTRATION FEE REQUIRED BY
 SECTION SIXTY-EIGHT HUNDRED FIFTY-SIX OF THIS ARTICLE.
   § 2. 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
 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

 S. 7371                            10

 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.
   §  3. 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 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

 S. 7371                            11
 
 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.
   § 4. 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

 S. 7371                            12
 
 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
 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

 S. 7371                            13
 
 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.
   § 5. Subdivision (q) of section 121-1500 of the  partnership  law,  as
 amended  by  chapter  475  of  the  laws  of 2014, is amended to read as
 follows:
   (q) Each partner of a registered limited liability partnership  formed
 to  provide  medical services in this state must be licensed pursuant to
 article 131 of the education law to practice medicine in this state  and
 each  partner  of  a  registered limited liability partnership formed to
 provide dental services in this state must be licensed pursuant to arti-
 cle 133 of the education law to practice dentistry in this state.   EACH
 PARTNER  OF A REGISTERED LIMITED LIABILITY PARTNERSHIP FORMED TO PROVIDE
 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
 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.

 S. 7371                            14
 
   §  6.  Subdivision  (q) of section 121-1502 of the partnership law, as
 amended by chapter 475 of the laws  of  2014,  is  amended  to  read  as
 follows:
   (q)  Each  partner  of  a  foreign limited liability partnership which
 provides medical services in this state must  be  licensed  pursuant  to
 article  131  of the education law to practice medicine in the state and
 each partner of a foreign limited liability partnership  which  provides
 dental services in the state must be licensed pursuant to article 133 of
 the education law to practice dentistry in this state. EACH PARTNER OF A
 FOREIGN   LIMITED  LIABILITY  PARTNERSHIP  WHICH  PROVIDES  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.
   § 7. 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-

 S. 7371                            15
 
 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.
   § 8. 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.
   § 9. 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.
   §  10.  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
 TO  PRACTICE  NATUROPATHIC MEDICINE WITHIN THE STATE PURSUANT TO ARTICLE

 S. 7371                            16
 
 ONE HUNDRED THIRTY-EIGHT OF THIS TITLE or  by  any  person  licensed  or
 otherwise  authorized  to practice social work within the state pursuant
 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 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  credentialed
 under  any  law,  including attorneys, rape crisis counselors, certified
 alcoholism counselors, and certified  substance  abuse  counselors  from
 providing  mental  health  services  within their respective established
 authorities.
   § 11. 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  NATUROPATHIC  MEDICINE  CARE WITHIN THIS STATE
 PURSUANT TO ARTICLE ONE HUNDRED THIRTY-EIGHT OF THIS TITLE,  or  by  any
 person  licensed or otherwise authorized to practice nursing as a regis-
 tered professional nurse or nurse practitioner within this state  pursu-
 ant  to  article  one hundred thirty-nine 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,  physician's  assistant,
 NATUROPATHIC  DOCTOR, registered professional nurse, nurse practitioner,
 psychologist, licensed master social worker,  licensed  clinical  social
 worker,  licensed behavior analyst or certified behavior analyst assist-
 ant 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.
   § 12. Subdivision 1 of section 7805 of the education law,  as  amended
 by chapter 230 of the laws of 1997, is amended to read as follows:
   1.  The practice of massage therapy by any person who is authorized to
 practice medicine, nursing, osteopathy, NATUROPATHIC MEDICINE, physioth-
 erapy, chiropractic, or podiatry in accordance with  the  provisions  of
 this title.
   §  13.  Subdivision  1  of  section  579  of the public health law, as
 amended by chapter 376 of the laws  of  2015,  is  amended  to  read  as
 follows:
   1.  This  title  is  applicable to all clinical laboratories and blood
 banks operating within the state, except clinical laboratories and blood
 banks operated by the federal government and clinical laboratories oper-
 ated by a licensed physician, osteopath, dentist, midwife, nurse practi-
 tioner, NATUROPATHIC DOCTOR SOLELY AS AN ADJUNCT TO THE TREATMENT OF HIS
 OR HER OWN PATIENTS, optometrist performing a clinical  laboratory  test
 that does not use an invasive modality as defined in section seventy-one
 hundred  one  of the education law or podiatrist who performs laboratory

 S. 7371                            17

 tests or procedures, personally or through his or her employees,  solely
 as an adjunct to the treatment of his or her own patients; to the extent
 authorized by federal and state law, including the education law.
   §  14.  This  act  shall  take effect on the five hundred fortieth day
 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  by  the commissioner of education and the board of
 regents on or before such effective date, including appointment  of  the
 state board for naturopathic medicine.