S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
     S. 4007                                                  A. 3007
 
                       S E N A T E - A S S E M B L Y
 
                             February 1, 2023
                                ___________
 
 IN  SENATE -- A BUDGET BILL, submitted by the Governor pursuant to arti-
   cle seven of the Constitution -- read twice and ordered  printed,  and
   when printed to be committed to the Committee on Finance
 
 IN  ASSEMBLY  --  A  BUDGET  BILL, submitted by the Governor pursuant to
   article seven of the Constitution -- read once  and  referred  to  the
   Committee on Ways and Means

 AN  ACT  to amend part H of chapter 59 of the laws of 2011, amending the
   public  health  law  and  other  laws  relating  to  general  hospital
   reimbursement  for  annual  rates,  in relation to known and projected
   department of health state fund medicaid  expenditures  (Part  A);  to
   amend chapter 451 of the laws of 2007, amending the public health law,
   the  social  services  law and the insurance law relating to providing
   enhanced consumer and provider protections, in relation to the  effec-
   tiveness  of  certain  provisions relating to contracts between plans,
   insurers, or corporations and hospitals; to amend part C of chapter 58
   of the laws of 2007, amending the social services law and  other  laws
   relating  to adjustments of rates, in relation to the effectiveness of
   certain provisions relating to the amount  of  income  to  be  applied
   toward the cost of medical care, services and supplies of institution-
   alized spouses; to amend chapter 906 of the laws of 1984, amending the
   social services law relating to expanding medical assistance eligibil-
   ity  and the scope of services available to certain persons with disa-
   bilities, in relation to  the  effectiveness  thereof;  to  amend  the
   social  services  law,  in relation to the age of eligibility for home
   and community-based services waivers; to amend chapter 313 of the laws
   of 2018, amending the public health law relating to body imaging scan-
   ning equipment, in relation to the  effectiveness  thereof;  to  amend
   chapter 426 of the laws of 1983, amending the public health law relat-
   ing  to professional misconduct proceedings, in relation to the effec-
   tiveness of certain provisions thereof; to amend chapter  582  of  the
   laws  of  1984,  amending the public health law relating to regulating
   activities of physicians, in relation to the effectiveness of  certain
   provisions  thereof;  to  amend  the public health law, in relation to
   extending the demonstration period in certain physician committees; to
   amend chapter 505 of the laws of 1995, amending the public health  law
   relating  to  the  operation  of  department  of health facilities, in
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD12571-01-3
 S. 4007                             2                            A. 3007
 
   relation to the effectiveness thereof; to amend the public health law,
   in relation to reimbursement rate promulgation for residential  health
   care facilities; to amend the public health law, in relation to certi-
   fied  home health agency services payments; to amend chapter 19 of the
   laws of 1998, amending the social services law  relating  to  limiting
   the method of payment for prescription drugs under the medical assist-
   ance  program,  in relation to the effectiveness thereof; to amend the
   public health law,  in  relation  to  continuing  nursing  home  upper
   payment  limit  payments;  to  amend  chapter 904 of the laws of 1984,
   amending the public health law and the social services law relating to
   encouraging comprehensive health services, in relation to  the  effec-
   tiveness  thereof; to amend part X2 of chapter 62 of the laws of 2003,
   amending the public health law relating to allowing  for  the  use  of
   funds  of the office of professional medical conduct for activities of
   the patient health information and quality improvement act of 2000, in
   relation to  the  effectiveness  of  certain  provisions  relating  to
   increasing information available to patients; to amend part H of chap-
   ter 59 of the laws of 2011, amending the public health law relating to
   the statewide health information network of New York and the statewide
   planning  and  research  cooperative  system  and  general  powers and
   duties, in relation to making certain provisions permanent;  to  amend
   part  A  of chapter 58 of the laws of 2008, amending the elder law and
   other laws relating to reimbursement to participating provider pharma-
   cies and prescription drug coverage,  in  relation  to  extending  the
   expiration  of certain provisions thereof; to amend chapter 474 of the
   laws of 1996, amending the education law and other  laws  relating  to
   rates for residential health care facilities, in relation to extending
   the  effectiveness of certain provisions thereof;  to amend chapter 81
   of the laws of 1995, amending the public health  law  and  other  laws
   relating  to  medical reimbursement and welfare reform, in relation to
   extending the effectiveness of certain provisions  thereof;  to  amend
   the  social  services law, in relation to the effectiveness of certain
   provisions relating to negotiation of supplemental rebates relating to
   medication assisted treatment; to amend part B of chapter  57  of  the
   laws of 2015, amending the social services law and other laws relating
   to  supplemental rebates, in relation to the effectiveness thereof; to
   amend part KK of chapter 56 of the laws of 2020, amending  the  public
   health  law  relating to the designation of statewide general hospital
   quality and sole community pools and the reduction of capital  related
   inpatient expenses, in relation to the effectiveness thereof; to amend
   part C of chapter 60 of the laws of 2014, amending the social services
   law relating to fair hearings within the Fully Integrated Duals Advan-
   tage program, in relation to the effectiveness thereof; to amend chap-
   ter 779 of the laws of 1986, amending the social services law relating
   to  authorizing  services for non-residents in adult homes, residences
   for adults and enriched housing programs, in relation to extending the
   effectiveness of certain provisions thereof; to amend chapter  884  of
   the laws of 1990, amending the public health law relating to authoriz-
   ing  bad  debt  and  charity care allowances for certified home health
   agencies, in relation to extending the provisions  thereof;  to  amend
   chapter  81  of  the  laws of 1995, amending the public health law and
   other laws relating to medical reimbursement and  welfare  reform,  in
   relation  to  the effectiveness thereof; to amend part A of chapter 56
   of the laws of 2013, amending chapter 59 of the laws of 2011  amending
   the  public  health  law  and  other laws relating to general hospital
   reimbursement for annual rates, in relation  to  extending  government
 S. 4007                             3                            A. 3007
 
   rates  for behavioral services and adding an alternative payment meth-
   odology requirement; and to amend the public health law,  in  relation
   to  residential health care facility assessments; and to amend part MM
   of  chapter  57  of  the  laws  of 2021 amending the public health law
   relating to aiding in the transition to adulthood  for  children  with
   medical   fragility  living  in  pediatric  nursing  homes  and  other
   settings, in relation to the effectiveness thereof (Part B); to  amend
   part  A3  of chapter 62 of the laws of 2003 amending the general busi-
   ness law and other laws relating to enacting major  components  neces-
   sary  to  implement the state fiscal plan for the 2003-04 state fiscal
   year, in relation to extending the effectiveness of provisions  there-
   of;  to amend the New York Health Care Reform Act of 1996, in relation
   to extending certain provisions relating thereto;  to  amend  the  New
   York  Health  Care  Reform  Act  of 2000, in relation to extending the
   effectiveness of provisions thereof; to amend the public  health  law,
   in  relation  to extending certain provisions relating to the distrib-
   ution of pool allocations and graduate medical education; to amend the
   public health law, in relation to extending certain provisions  relat-
   ing  to health care initiative pool distributions; to amend the social
   services law, in relation to extending payment provisions for  general
   hospitals;  and to amend the public health law, in relation to extend-
   ing certain provisions relating to the assessments  on  covered  lives
   (Part  C); to amend the social services law, in relation to copayments
   for drugs; to amend the public health law, in relation  to  prescriber
   prevails;  and to repeal certain provisions of the social services law
   relating to coverage for certain prescription drugs (Part D); to amend
   the public health law, in  relation  to  amending  and  extending  the
   voluntary  indigent  care  pool; in relation to establishing the defi-
   nition of rural emergency  hospital;  and  in  relation  to  expanding
   eligibility  for  vital access provider assurance program funding; and
   to amend Part I of chapter 57 of the laws of 2022 relating to  provid-
   ing a five percent across the board payment increase to all qualifying
   fee-for-service  Medicaid rates, in relation to Medicaid payments made
   for the operating component of hospital inpatient services  (Part  E);
   to  amend  chapter 266 of the laws of 1986 amending the civil practice
   law and rules and other laws relating to   malpractice   and   profes-
   sional medical  conduct, in relation to extending the effectiveness of
   certain provisions  thereof; to amend part J of chapter 63 of the laws
   of  2001  amending  chapter 266 of the laws of 1986 amending the civil
   practice law and rules and other  laws  relating  to  malpractice  and
   professional   medical  conduct,  in  relation  to  extending  certain
   provisions concerning the hospital excess liability pool; and to amend
   part H of chapter  57  of the  laws  of  2017 amending  the  New  York
   Health Care Reform Act of 1996 and other laws  relating  to  extending
   certain   provisions   relating  thereto,  in  relation  to  extending
   provisions relating to excess coverage (Part F); to  amend  the  elder
   law,  in relation to programs for the aging (Part G); to amend section
   5 of part AAA of chapter 56 of the laws of 2022, amending  the  social
   services  law  relating to expanding Medicaid eligibility requirements
   for seniors and disabled individuals, in relation to the effectiveness
   of the basic health plan program; to amend the social services law, in
   relation to enacting the 1332 state innovation program; and  to  amend
   the  state  finance  law,  in  relation to establishing the 1332 state
   innovation program fund (Part H); to amend the public health  law,  in
   relation  to  extending authority to enroll certain recipients in need
   of more than 120 days of community based-long term care in  a  managed
 S. 4007                             4                            A. 3007
 
   long  term  care  plan; to amend the public health law, in relation to
   extending the moratorium on the processing and  approval  of  applica-
   tions  seeking  a certificate of authority as a managed long term care
   plan,  setting  performance standards for managed long term care plans
   and granting the commissioner of health the authority  to  procure  in
   the event the department of health determines that a sufficient number
   of  managed long term care plans have not met the enhanced performance
   standards; to amend the social services law,  in  relation  to  fiscal
   intermediaries;  to  amend  part  I  of chapter 57 of the laws of 2022
   providing a one percent across the board payment increase to all qual-
   ifying fee-for-service Medicaid rates, in  relation  to  providing  an
   additional  increase  to all qualifying fee-for-service Medicaid rates
   for the operating component  of  residential  health  care  facilities
   services  and an additional increase to all qualifying fee-for-service
   Medicaid  rates  for  the  operating  component  of  assisted   living
   programs;  to  amend  the  public health law, in relation to home care
   worker wage parity; to amend part H of chapter 59 of the laws of  2011
   amending  the  public  health law and other laws relating to known and
   projected department of health state  fund  medical  expenditures,  in
   relation  to  extending  the  provisions  thereof;  to  repeal certain
   provisions of  the  social  services  law  relating  to  the  consumer
   directed  personal assistance program; to amend the public health law,
   in relation to establishing the state supplemental premium  assistance
   for  consumer  directed  personal  assistants;  and to amend the state
   finance law, in relation to creating the  CDPAP  supplemental  premium
   assistance  fund  (Part  I); to amend the insurance law and the public
   health law, in  relation  to  insurer,  organization,  or  corporation
   review  of certain documentation for certain claims (Part J); to amend
   the social services law, in relation to authorizing Medicaid eligibil-
   ity for certain services provided to individuals who are in a  correc-
   tional  institution,  and for certain services provided to individuals
   who are in an institution for mental disease (Part K);  to  amend  the
   insurance  law, in relation to site of service review and coverage for
   services provided at hospital-based outpatient clinics  (Part  L);  to
   amend  the  public  health law, in relation to streamlining and adding
   criteria to the certificate of need process and to  review  and  over-
   sight  of material transactions (Part M); to amend the social services
   law, in relation to expanding the Medicaid Buy-In program  for  people
   with  disabilities  (Part  N);  to  amend  the  public  health law, in
   relation to prohibiting the sale or distribution of  flavored  tobacco
   products  (Part  O);  to  amend  the public health law, in relation to
   establishing a new statewide health care transformative program  (Part
   P);  to  amend  the  social  services law, in relation to establishing
   Medicaid reimbursement for community health workers (CHWs)  for  high-
   risk  populations;  and to amend the public health law, in relation to
   permitting licensed mental health counselors and licensed marriage and
   family therapists in community health centers to be  reimbursed  (Part
   Q);  to  amend  the  social services law and the public health law, in
   relation to expanding Medicaid coverage of  preventative  health  care
   services  (Part  R);  to amend the public health law and the education
   law, in relation to modernizing the  state  of  New  York's  emergency
   medical  system  and  workforce; and to repeal certain sections of the
   public health law relating thereto  (Part  S);  to  amend  the  public
   health law, in relation to lead testing in certain multiple dwellings;
   and to amend the executive law, in relation to expanding the powers of
   the secretary of state with respect to the New York state uniform fire
 S. 4007                             5                            A. 3007
 
   prevention  and  building code (Part T); to amend the general business
   law, in relation to safeguarding abortion access through data  privacy
   protection  (Part  U);  to  amend  the  education  law, in relation to
   authorizing  licensed pharmacists to prescribe and order self-adminis-
   tered hormonal contraceptives and emergency contraceptive drug therapy
   in accordance with standardized procedures or protocols developed  and
   approved  by  the  board  of pharmacy (Part V); to amend the education
   law, in relation to the provision of HIV pre-exposure prophylaxis;  to
   amend  the public health law and the education law, in relation to the
   administration of COVID-19 and influenza tests; to  amend  part  C  of
   chapter  57 of the laws of 2022 amending the public health law and the
   education law relating  to  allowing  pharmacists  to  direct  limited
   service  laboratories  and order and administer COVID-19 and influenza
   tests and modernizing nurse practitioners, in relation to  the  effec-
   tiveness  thereof;  to amend the education law and the social services
   law, in relation to the scope of practice of nurses  and  pharmacists;
   to  amend  the  education  law, in relation to authorizing dentists to
   offer HIV and hepatitis C screening and diagnostic tests; to amend the
   education law and the public health law, in relation to the  scope  of
   practice  of physician assistants; to amend chapter 471 of the laws of
   2016 amending the education law and the public health law relating  to
   authorizing  certain  advanced  home  health  aides to perform certain
   advanced tasks, in relation to the effectiveness thereof; to amend the
   education law, in relation to the  scope  of  practice  of  medication
   aides;  to amend the education law, in relation to enacting the inter-
   state medical licensure  compact;  to  amend  the  education  law,  in
   relation  to  enacting  the nurse licensure compact; and providing for
   the repeal of certain provisions upon the expiration thereof (Part W);
   to amend the public health law,  in  relation  to  providing  for  the
   registration  of  temporary health care services agencies (Part X); to
   amend the civil practice law and  rules  and  the  judiciary  law,  in
   relation  to affidavits for medical debt actions (Subpart A); to amend
   the insurance law, in relation to prescription drug price  and  supply
   chain transparency; and to amend the state finance law, in relation to
   funds  deposited  in  the  pharmacy  benefit  manager  regulatory fund
   (Subpart B); to amend the public health law, in relation to  requiring
   hospitals  participating in the general hospital indigent care pool to
   use certain forms for the collection of medical debt (Subpart C);  and
   to  amend the insurance law, in relation to guaranty fund coverage for
   insurers writing health insurance (Subpart D) (Part Y); to  amend  the
   public  health law and the social services law, in relation to quality
   improvement and increased consumer  transparency  in  assisted  living
   residences  (Part  Z);  to amend the public health law, in relation to
   hepatitis C screening and requiring third trimester syphilis  testing;
   and  to  amend  chapter  425  of the laws of 2013 amending  the public
   health law relating to requiring hospitals to offer hepatitis C  test-
   ing,  in  relation  to  making such provisions permanent (Part AA); to
   amend the public health law, in relation to  adding  certain  fentanyl
   analogs to the schedules of controlled substances; to amend the public
   health  law,  in  relation  to the definition of "imitation controlled
   substance"; to amend the penal law and the criminal procedure law,  in
   relation  to  criminal  possession  and  sale  of imitation controlled
   substances; and to repeal certain provisions of the public health  law
   relating  thereto (Part BB); to amend the public health law, the state
   finance law, the civil practice law and rules, the  limited  liability
   company  law,  the  partnership law, the correction law, the education
 S. 4007                             6                            A. 3007
 
   law, the executive law, the mental hygiene law,  the  penal  law,  the
   surrogate's court procedure act, the social services law, the workers'
   compensation  law, the cannabis law, the county law, the general busi-
   ness  law,  the  insurance  law, the labor law, the criminal procedure
   law, the business corporation law, the vehicle and  traffic  law,  the
   administrative code of the city of New York, the military law, and the
   tax  law,  in  relation  to  repealing  articles  governing healthcare
   professions in the education law and adding  such  provisions  to  the
   public  health  law and transferring all functions, powers, duties and
   obligations relating thereto; to  repeal  certain  provisions  of  the
   education  law  relating  thereto; and to repeal certain provisions of
   the public health law relating  thereto  (Part  CC);  in  relation  to
   establishing a cost of living adjustment for designated human services
   programs (Part DD); to amend part A of chapter 56 of the laws of 2013,
   amending  the  social services law and other laws relating to enacting
   the major components of legislation necessary to implement the  health
   and  mental  hygiene  budget  for  the 2013-2014 state fiscal year, in
   relation to the effectiveness of certain provisions thereof (Part EE);
   to amend the education law, in relation to expanding the   description
   of  certain services which are not prohibited  by  statutes  governing
   the practice of nursing (Part FF); to amend the mental hygiene law and
   the education law,  in  relation  to  credentialing  qualified  mental
   health  associates  (Part  GG);  to  amend  the mental hygiene law, in
   relation to certified community behavioral health clinics  (Part  HH);
   to amend the insurance law and the financial services law, in relation
   to  insurance  coverage for behavioral health services (Subpart A); to
   amend the insurance law and the public  health  law,  in  relation  to
   utilization  review  standards for mental health services (Subpart B);
   to amend the insurance law and the public health law, in  relation  to
   telehealth  payment parity (Subpart C); to amend the insurance law, in
   relation to private rights of action (Subpart D); to amend the  insur-
   ance law, in relation to substance use disorder treatment (Subpart E);
   and  to amend the insurance law and the public health law, in relation
   to network adequacy for  mental  health  and  substance  use  disorder
   services  (Subpart  F) (Part II); and to amend the mental hygiene law,
   in relation to the imposition of  sanctions  by  the  commissioner  of
   mental health (Part JJ)
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. This act enacts into law major  components  of  legislation
 necessary  to  implement  the state health and mental hygiene budget for
 the 2023-2024 state fiscal year.  Each  component  is  wholly  contained
 within  a  Part identified as Parts A through JJ. The effective date for
 each particular provision contained within such Part is set forth in the
 last section of such Part. Any provision in any section contained within
 a Part, including the effective date of the Part, which makes  a  refer-
 ence  to  a  section  "of  this  act", when used in connection with that
 particular component, shall be deemed to mean and refer  to  the  corre-
 sponding section of the Part in which it is found. Section three of this
 act sets forth the general effective date of this act.
 
                                  PART A
 S. 4007                             7                            A. 3007
 
   Section  1.  Paragraph (a) of subdivision 1 of section 92 of part H of
 chapter 59 of the laws of 2011, amending the public health law and other
 laws relating to general hospital reimbursement  for  annual  rates,  as
 amended  by  section  2  of part H of chapter 57 of the laws of 2022, is
 amended to read as follows:
   (a)  For  state  fiscal  years  2011-12 through [2023-24] 2024-25, the
 director of the budget, in consultation with the commissioner of  health
 referenced  as "commissioner" for purposes of this section, shall assess
 on a quarterly basis, as reflected  in  quarterly  reports  pursuant  to
 subdivision  five  of  this  section  known  and projected department of
 health state funds medicaid expenditures by category of service  and  by
 geographic regions, as defined by the commissioner.
   §  2.  This  act  shall take effect immediately and shall be deemed to
 have been in full force and effect on and after April 1, 2023.
 
                                  PART B
 
   Section 1. Subdivision 1 of section 20 of chapter 451 of the  laws  of
 2007  amending  the  public  health law, the social services law and the
 insurance law relating  to  providing  enhanced  consumer  and  provider
 protections,  as  amended by chapter 181 of the laws of 2021, is amended
 to read as follows:
   1. sections four, eleven and thirteen  of this act shall  take  effect
 immediately  and  shall  expire  and  be deemed repealed June 30, [2023]
 2025;
   § 2. Subdivision 6-a of section 93 of part C of chapter 58 of the laws
 of 2007, amending the social services law and  other  laws  relating  to
 adjustments of rates, as amended by section 2 of part T of chapter 57 of
 the laws of 2018, is amended to read as follows:
   6-a.  section  fifty-seven  of  this  act  shall  expire and be deemed
 repealed [on March 31, 2023] MARCH 31, 2028; provided  that  the  amend-
 ments  made  by  such  section  to subdivision 4 of section 366-c of the
 social services law shall apply with respect to determining initial  and
 continuing  eligibility  for medical assistance, including the continued
 eligibility of recipients originally determined eligible  prior  to  the
 effective  date  of  this act, and provided further that such amendments
 shall not apply to any person or group of persons if it is  subsequently
 determined  by  the  Centers  for Medicare and Medicaid services or by a
 court of competent jurisdiction that  medical  assistance  with  federal
 financial  participation is available for the costs of services provided
 to such person or persons under  the  provisions  of  subdivision  4  of
 section  366-c of the social services law in effect immediately prior to
 the effective date of this act.
   § 3. Section 3 of chapter 906 of the laws of 1984, amending the social
 services law relating to expanding medical  assistance  eligibility  and
 the scope of services available to certain persons with disabilities, as
 amended  by  section  4  of part T of chapter 57 of the laws of 2018, is
 amended to read as follows:
   § 3. This act shall take effect on the thirtieth day  after  it  shall
 have  become  a  law  and  shall be of no further force and effect after
 [March 31, 2023] MARCH 31, 2028, at which time the  provisions  of  this
 act shall be deemed to be repealed.
   §  4.  Subparagraph (i) of paragraph b of subdivision 6 of section 366
 of the social services law, as amended by chapter 389  of  the  laws  of
 2008, is amended to read as follows:
   (i) be [eighteen] TWENTY-ONE years of age or under;
 S. 4007                             8                            A. 3007
 
   §  5.  Subparagraph (i) of paragraph b of subdivision 7 of section 366
 of the social services law, as amended by chapter 324  of  the  laws  of
 2004, is amended to read as follows:
   (i) be [eighteen] TWENTY-ONE years of age or under;
   §  6.  Subparagraph (i) of paragraph b of subdivision 9 of section 366
 of the social services law, as added by chapter 170 of the laws of 1994,
 is amended to read as follows:
   (i) be under [eighteen] TWENTY-ONE years of age;
   § 7. Section 2 of chapter 313 of the laws of 2018, amending the public
 health law relating to body imaging scanning equipment,  is  amended  to
 read as follows:
   § 2. This act shall take effect on the one hundred twentieth day after
 it  shall  have  become  a law; provided, however, that, effective imme-
 diately, the addition, amendment, and/or repeal of any rules  and  regu-
 lations  necessary to implement the provisions of this act on its effec-
 tive date are directed to be completed on or before such effective date;
 and provided further, that this act shall expire and be deemed  repealed
 [five years after such effective date] JANUARY 30, 2029.
   § 8. Section 5 of chapter 426 of the laws of 1983, amending the public
 health  law  relating to professional misconduct proceedings, as amended
 by chapter 106 of the laws of 2018, is amended to read as follows:
   § 5. This act shall take effect June 1, 1983 and shall remain in  full
 force and effect until July 1, [2023] 2033.
   § 9. Section 5 of chapter 582 of the laws of 1984, amending the public
 health  law  relating to regulating activities of physicians, as amended
 by chapter 106 of the laws of 2018, is amended to read as follows:
   § 5. This act shall take effect immediately, provided however that the
 provisions of this act shall remain in full force and effect until  July
 1,  [2023] 2033 at which time the provisions of this act shall be deemed
 to be repealed.
   § 10. Subparagraph (ii) of paragraph (c) of subdivision 11 of  section
 230  of  the public health law, as amended by chapter 106 of the laws of
 2018, is amended to read as follows:
   (ii) Participation and membership during a  three  year  demonstration
 period  in  a physician committee of the Medical Society of the State of
 New York or the New York State Osteopathic Society whose purpose  is  to
 confront and refer to treatment physicians who are thought to be suffer-
 ing  from  alcoholism, drug abuse, or mental illness. Such demonstration
 period shall commence on April first, nineteen hundred eighty and termi-
 nate on May thirty-first, nineteen hundred eighty-three.  An  additional
 demonstration  period  shall  commence  on  June first, nineteen hundred
 eighty-three and  terminate  on  March  thirty-first,  nineteen  hundred
 eighty-six.  An  additional demonstration period shall commence on April
 first, nineteen hundred eighty-six and terminate on March  thirty-first,
 nineteen  hundred  eighty-nine. An additional demonstration period shall
 commence April first, nineteen hundred eighty-nine and  terminate  March
 thirty-first,  nineteen  hundred ninety-two. An additional demonstration
 period shall commence  April  first,  nineteen  hundred  ninety-two  and
 terminate  March  thirty-first,  nineteen  hundred ninety-five. An addi-
 tional demonstration period shall  commence  on  April  first,  nineteen
 hundred  ninety-five  and  terminate  on  March  thirty-first,  nineteen
 hundred ninety-eight. An additional demonstration period shall  commence
 on  April  first,  nineteen  hundred ninety-eight and terminate on March
 thirty-first, two thousand three.  An  additional  demonstration  period
 shall commence on April first, two thousand three and terminate on March
 thirty-first,  two thousand thirteen. An additional demonstration period
 S. 4007                             9                            A. 3007
 
 shall commence April first, two thousand thirteen and terminate on March
 thirty-first, two thousand eighteen. An additional demonstration  period
 shall  commence April first, two thousand eighteen and terminate on July
 first,  two thousand [twenty-three] THIRTY-THREE provided, however, that
 the commissioner may prescribe requirements for the continuation of such
 demonstration program, including periodic reviews of such  programs  and
 submission  of  any  reports  and data necessary to permit such reviews.
 During these additional periods, the  provisions  of  this  subparagraph
 shall also apply to a physician committee of a county medical society.
   §  11.  Section  4  of  chapter  505 of the laws of 1995, amending the
 public health law relating to the  operation  of  department  of  health
 facilities,  as amended by section 1 of part E of chapter 57 of the laws
 of 2019, is amended to read as follows:
   § 4. This act shall take effect immediately; provided,  however,  that
 the provisions of paragraph (b) of subdivision 4 of section 409-c of the
 public  health  law,  as  added by section three of this act, shall take
 effect January 1, 1996 and shall expire and be deemed repealed  [twenty-
 eight years from the effective date thereof] MARCH 31, 2028.
   §  12.  Paragraph  (b) of subdivision 17 of section 2808 of the public
 health law, as amended by section 15 of part E of chapter 57 of the laws
 of 2019, is amended to read as follows:
   (b) Notwithstanding any inconsistent provision of law or regulation to
 the contrary, for the state fiscal  years  beginning  April  first,  two
 thousand  ten and ending March thirty-first, two thousand [twenty-three]
 TWENTY-SEVEN, the commissioner shall not be required to revise certified
 rates of payment established pursuant to this article for  rate  periods
 prior to April first, two thousand [twenty-three] TWENTY-SEVEN, based on
 consideration  of  rate appeals filed by residential health care facili-
 ties or based upon adjustments to capital cost reimbursement as a result
 of approval by the commissioner of an application for construction under
 section twenty-eight hundred two of this article, in excess of an aggre-
 gate annual amount of eighty million dollars for each such state  fiscal
 year  provided,  however,  that for the period April first, two thousand
 eleven through March thirty-first, two thousand  twelve  such  aggregate
 annual  amount  shall  be  fifty million dollars. In revising such rates
 within such fiscal limit, the commissioner shall, in  prioritizing  such
 rate appeals, include consideration of which facilities the commissioner
 determines  are  facing  significant  financial hardship as well as such
 other considerations as the commissioner deems appropriate and, further,
 the commissioner is authorized to enter into agreements with such facil-
 ities or any other facility to resolve  multiple  pending  rate  appeals
 based  upon a negotiated aggregate amount and may offset such negotiated
 aggregate amounts against any  amounts  owed  by  the  facility  to  the
 department,  including,  but  not  limited  to, amounts owed pursuant to
 section twenty-eight hundred seven-d of this article; provided, however,
 that the commissioner's authority to negotiate such agreements resolving
 multiple pending rate appeals as hereinbefore described  shall  continue
 on and after April first, two thousand [twenty-three] TWENTY-SEVEN. Rate
 adjustments  made  pursuant  to  this  paragraph remain fully subject to
 approval by the director of the budget in accordance with the provisions
 of subdivision two of section twenty-eight hundred seven of  this  arti-
 cle.
   §  13.  Paragraph  (a) of subdivision 13 of section 3614 of the public
 health law, as amended by section 16 of part E of chapter 57 of the laws
 of 2019, is amended to read as follows:
 S. 4007                            10                            A. 3007
 
   (a) Notwithstanding any inconsistent provision of  law  or  regulation
 and  subject  to  the  availability  of federal financial participation,
 effective April first, two thousand twelve through  March  thirty-first,
 two  thousand  [twenty-three] TWENTY-SEVEN, payments by government agen-
 cies for services provided by certified home health agencies, except for
 such services provided to children under eighteen years of age and other
 discreet  groups  as  may  be determined by the commissioner pursuant to
 regulations, shall be based on episodic payments. In  establishing  such
 payments, a statewide base price shall be established for each sixty day
 episode  of  care  and  adjusted  by a regional wage index factor and an
 individual patient case mix index. Such episodic payments may be further
 adjusted for low utilization cases and to reflect a  percentage  limita-
 tion  of the cost for high-utilization cases that exceed outlier thresh-
 olds of such payments.
   § 14. Section 4 of chapter 19 of the laws of 1998, amending the social
 services law relating to limiting the method of payment for prescription
 drugs under the medical assistance program, as amended by section  2  of
 part  BB  of  chapter  56  of  the  laws  of 2020, is amended to read as
 follows:
   § 4. This act shall take effect 120 days after it shall have become  a
 law and shall expire and be deemed repealed March 31, [2023] 2026.
   §  15. Paragraph (e-1) of subdivision 12 of section 2808 of the public
 health law, as amended by section 3 of part BB of chapter 56 of the laws
 of 2020, is amended to read as follows:
   (e-1) Notwithstanding any inconsistent provision of law or regulation,
 the commissioner shall provide,  in  addition  to  payments  established
 pursuant  to  this  article  prior to application of this section, addi-
 tional payments under the medical assistance program pursuant  to  title
 eleven of article five of the social services law for non-state operated
 public  residential health care facilities, including public residential
 health care facilities located in the county of Nassau,  the  county  of
 Westchester  and  the  county  of Erie, but excluding public residential
 health care facilities operated by a town or city within  a  county,  in
 aggregate  annual  amounts of up to one hundred fifty million dollars in
 additional payments for the state fiscal year beginning April first, two
 thousand six and for the state fiscal year beginning  April  first,  two
 thousand  seven and for the state fiscal year beginning April first, two
 thousand eight and of up to three hundred million dollars in such aggre-
 gate annual additional payments for  the  state  fiscal  year  beginning
 April  first, two thousand nine, and for the state fiscal year beginning
 April first, two thousand ten and for the state  fiscal  year  beginning
 April  first, two thousand eleven, and for the state fiscal years begin-
 ning April first, two thousand twelve  and  April  first,  two  thousand
 thirteen,  and  of  up to five hundred million dollars in such aggregate
 annual additional payments for the state fiscal  years  beginning  April
 first,  two  thousand  fourteen,  April  first, two thousand fifteen and
 April first, two thousand sixteen and of  up  to  five  hundred  million
 dollars  in  such  aggregate  annual  additional  payments for the state
 fiscal years beginning April first, two thousand seventeen, April first,
 two thousand eighteen, and April first, two thousand nineteen, and of up
 to five hundred million dollars  in  such  aggregate  annual  additional
 payments  for the state fiscal years beginning April first, two thousand
 twenty, April first, two thousand twenty-one, and April first, two thou-
 sand twenty-two, AND OF UP TO  FIVE  HUNDRED  MILLION  DOLLARS  IN  SUCH
 AGGREGATE  ANNUAL  ADDITIONAL PAYMENTS FOR THE STATE FISCAL YEARS BEGIN-
 NING APRIL FIRST, TWO THOUSAND TWENTY-THREE, APRIL FIRST,  TWO  THOUSAND
 S. 4007                            11                            A. 3007
 
 TWENTY-FOUR, AND APRIL FIRST, TWO THOUSAND TWENTY-FIVE. The amount allo-
 cated  to each eligible public residential health care facility for this
 period shall be computed in accordance with the provisions of  paragraph
 (f)  of  this subdivision, provided, however, that patient days shall be
 utilized for such computation reflecting actual reported  data  for  two
 thousand  three  and  each representative succeeding year as applicable,
 and provided further,  however,  that,  in  consultation  with  impacted
 providers,  of  the funds allocated for distribution in the state fiscal
 year beginning April first, two  thousand  thirteen,  up  to  thirty-two
 million  dollars  may be allocated in accordance with paragraph (f-1) of
 this subdivision.
   § 16. Section 18 of chapter 904 of the  laws  of  1984,  amending  the
 public  health  law  and the social services law relating to encouraging
 comprehensive health services, as amended by section 4  of  part  BB  of
 chapter 56 of the laws of 2020, is amended to read as follows:
   §  18.  This  act  shall take effect immediately, except that sections
 six, nine, ten and eleven of this act shall take effect on the  sixtieth
 day after it shall have become a law, sections two, three, four and nine
 of  this  act  shall  expire  and be of no further force or effect on or
 after March 31, [2023] 2026, section two of this act shall  take  effect
 on  April  1,  1985 or seventy-five days following the submission of the
 report required by section one of this  act,  whichever  is  later,  and
 sections  eleven  and  thirteen  of  this  act shall expire and be of no
 further force or effect on or after March 31, 1988.
   § 17. Section 4 of part X2 of chapter 62 of the laws of 2003, amending
 the public health law relating to allowing for the use of funds  of  the
 office  of  professional  medical  conduct for activities of the patient
 health information and quality improvement act of 2000,  as  amended  by
 section  5  of  part BB of chapter 56 of the laws of 2020, is amended to
 read as follows:
   § 4. This act  shall  take  effect  immediately[;  provided  that  the
 provisions  of  section  one of this act shall be deemed to have been in
 full force and effect on and after April 1, 2003, and shall expire March
 31, 2023 when upon such date the provisions of  such  section  shall  be
 deemed repealed].
   §  18.  Subdivision  (o) of section 111 of part H of chapter 59 of the
 laws of 2011, amending the public health law relating to  the  statewide
 health  information  network  of New York and the statewide planning and
 research cooperative system and general powers and duties, as amended by
 section 6 of part BB of chapter 56 of the laws of 2020,  is  amended  to
 read as follows:
   [(o) sections thirty-eight and thirty-eight-a of this act shall expire
 and be deemed repealed March 31, 2023;]
   § 19. Section 32 of part A of chapter 58 of the laws of 2008, amending
 the  elder law and other laws relating to reimbursement to participating
 provider pharmacies  and  prescription  drug  coverage,  as  amended  by
 section  7  of  part BB of chapter 56 of the laws of 2020, is amended to
 read as follows:
   § 32. This act shall take effect immediately and shall  be  deemed  to
 have  been in full force and effect on and after April 1, 2008; provided
 however, that sections one, six-a, nineteen,  twenty,  twenty-four,  and
 twenty-five of this act shall take effect July 1, 2008; provided however
 that  sections  sixteen, seventeen and eighteen of this act shall expire
 April 1, [2023] 2026; provided, however, that  the  amendments  made  by
 section  twenty-eight  of this act shall take effect on the same date as
 section 1 of chapter 281 of the laws  of  2007  takes  effect;  provided
 S. 4007                            12                            A. 3007
 
 further,  that  sections twenty-nine, thirty, and thirty-one of this act
 shall take effect October 1, 2008; provided further, that section  twen-
 ty-seven  of  this  act  shall take effect January 1, 2009; and provided
 further,  that  section  twenty-seven  of  this  act shall expire and be
 deemed repealed March 31, [2023] 2026; and provided,  further,  however,
 that the amendments to subdivision 1 of section 241 of the education law
 made  by section twenty-nine of this act shall not affect the expiration
 of such subdivision and shall be deemed to expire therewith and provided
 that the amendments to section 272 of the  public  health  law  made  by
 section  thirty  of this act shall not affect the repeal of such section
 and shall be deemed repealed therewith.
   § 20. Section 228 of chapter 474 of the laws  of  1996,  amending  the
 education  law  and  other laws relating to rates for residential health
 care facilities, as amended by section 12 of part BB of  chapter  56  of
 the laws of 2020, is amended to read as follows:
   §  228.  1.  Definitions.  (a)  Regions, for purposes of this section,
 shall mean a downstate region to consist of Kings, New  York,  Richmond,
 Queens,  Bronx,  Nassau  and  Suffolk  counties and an upstate region to
 consist of all other New York state counties. A  certified  home  health
 agency  or  long  term  home health care program shall be located in the
 same county utilized by the commissioner of health for the establishment
 of rates pursuant to article 36 of the public health law.
   (b) Certified home health  agency  (CHHA)  shall  mean  such  term  as
 defined in section 3602 of the public health law.
   (c)  Long  term home health care program (LTHHCP) shall mean such term
 as defined in subdivision 8 of section 3602 of the public health law.
   (d) Regional group shall mean all those CHHAs and LTHHCPs, respective-
 ly, located within a region.
   (e) Medicaid revenue percentage, for purposes of this  section,  shall
 mean  CHHA  and  LTHHCP  revenues  attributable  to services provided to
 persons eligible for payments pursuant to title 11 of article 5  of  the
 social services law divided by such revenues plus CHHA and LTHHCP reven-
 ues attributable to services provided to beneficiaries of Title XVIII of
 the federal social security act (medicare).
   (f)  Base  period,  for  purposes of this section, shall mean calendar
 year 1995.
   (g) Target period. For purposes of this section, the 1996 target peri-
 od shall mean August 1, 1996 through March 31,  1997,  the  1997  target
 period  shall  mean  January 1, 1997 through November 30, 1997, the 1998
 target period shall mean January 1, 1998 through November 30, 1998,  the
 1999 target period shall mean January 1, 1999 through November 30, 1999,
 the  2000  target period shall mean January 1, 2000 through November 30,
 2000, the 2001 target period shall mean January 1, 2001 through November
 30, 2001, the 2002 target period shall  mean  January  1,  2002  through
 November  30,  2002,  the  2003 target period shall mean January 1, 2003
 through November 30, 2003, the 2004 target period shall mean January  1,
 2004  through  November  30, 2004, and the 2005 target period shall mean
 January 1, 2005 through November 30, 2005, the 2006 target period  shall
 mean  January  1,  2006  through  November 30, 2006, and the 2007 target
 period shall mean January 1, 2007 through November 30, 2007 and the 2008
 target period shall mean January 1, 2008 through November 30, 2008,  and
 the  2009  target period shall mean January 1, 2009 through November 30,
 2009 and the 2010 target period  shall  mean  January  1,  2010  through
 November  30, 2010 and the 2011 target period shall mean January 1, 2011
 through November 30, 2011 and the 2012 target period shall mean  January
 1,  2012 through November 30, 2012 and the 2013 target period shall mean
 S. 4007                            13                            A. 3007
 
 January 1, 2013 through November 30, 2013, and the  2014  target  period
 shall mean January 1, 2014 through November 30, 2014 and the 2015 target
 period shall mean January 1, 2015 through November 30, 2015 and the 2016
 target  period  shall mean January 1, 2016 through November 30, 2016 and
 the 2017 target period shall mean January 1, 2017 through  November  30,
 2017  and  the  2018  target  period  shall mean January 1, 2018 through
 November 30, 2018 and the 2019 target period shall mean January 1,  2019
 through  November 30, 2019 and the 2020 target period shall mean January
 1, 2020 through November 30, 2020[,] and the 2021  target  period  shall
 mean January 1, 2021 through November 30, 2021 and the 2022 target peri-
 od  shall  mean  January  1, 2022 through November 30, 2022 and the 2023
 target period shall mean January 1, 2023 through November 30,  2023  AND
 THE  2024  TARGET PERIOD SHALL MEAN JANUARY 1, 2024 THROUGH NOVEMBER 30,
 2024 AND THE 2025 TARGET PERIOD  SHALL  MEAN  JANUARY  1,  2025  THROUGH
 NOVEMBER  30, 2025 AND THE 2026 TARGET PERIOD SHALL MEAN JANUARY 1, 2026
 THROUGH NOVEMBER 30, 2026 AND THE 2027 TARGET PERIOD SHALL MEAN  JANUARY
 1, 2027 THROUGH NOVEMBER 30, 2027.
   2.  (a) Prior to February 1, 1997, for each regional group the commis-
 sioner of health shall calculate the 1996 medicaid  revenue  percentages
 for the period commencing August 1, 1996 to the last date for which such
 data is available and reasonably accurate.
   (b)  Prior  to  February  1, 1998, prior to February 1, 1999, prior to
 February 1, 2000, prior to February 1, 2001, prior to February 1,  2002,
 prior  to February 1, 2003, prior to February 1, 2004, prior to February
 1, 2005, prior to February 1, 2006, prior to February 1, 2007, prior  to
 February  1, 2008, prior to February 1, 2009, prior to February 1, 2010,
 prior to February 1, 2011, prior to February 1, 2012, prior to  February
 1,  2013, prior to February 1, 2014, prior to February 1, 2015, prior to
 February 1, 2016, prior to February 1, 2017, prior to February 1,  2018,
 prior  to February 1, 2019, prior to February 1, 2020, prior to February
 1, 2021, prior to February 1, 2022, [and] prior  to  February  1,  2023,
 PRIOR  TO FEBRUARY 1, 2024, PRIOR TO FEBRUARY 1, 2025, PRIOR TO FEBRUARY
 1, 2026 AND PRIOR TO FEBRUARY  1,  2027  for  each  regional  group  the
 commissioner of health shall calculate the prior year's medicaid revenue
 percentages  for  the period commencing January 1 through November 30 of
 such prior year.
   3. By September 15, 1996, for each regional group the commissioner  of
 health shall calculate the base period medicaid revenue percentage.
   4.  (a)  For  each  regional  group,  the 1996 target medicaid revenue
 percentage shall be calculated by subtracting the 1996 medicaid  revenue
 reduction percentages from the base period medicaid revenue percentages.
 The  1996  medicaid  revenue  reduction  percentage, taking into account
 regional and program differences in utilization of medicaid and medicare
 services, for the following regional groups shall be equal to:
   (i) one and one-tenth percentage points for CHHAs located  within  the
 downstate region;
   (ii)  six-tenths  of one percentage point for CHHAs located within the
 upstate region;
   (iii) one and eight-tenths percentage points for LTHHCPs located with-
 in the downstate region; and
   (iv) one and seven-tenths percentage points for LTHHCPs located within
 the upstate region.
   (b) For 1997, 1998, 2000, 2001, 2002, 2003, 2004,  2005,  2006,  2007,
 2008,  2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019,
 2020, 2021, 2022 [and],  2023,  2024,  2025,  2026  AND  2027  for  each
 regional  group,  the target medicaid revenue percentage for the respec-
 S. 4007                            14                            A. 3007
 
 tive year shall be calculated by subtracting the respective year's medi-
 caid revenue reduction percentage from the base period medicaid  revenue
 percentage.  The  medicaid revenue reduction percentages for 1997, 1998,
 2000,  2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010, 2011,
 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019, 2020, 2021, 2022  [and],
 2023,  2024,  2025,  2026  AND  2027,  taking  into account regional and
 program differences in utilization of medicaid  and  medicare  services,
 for the following regional groups shall be equal to for each such year:
   (i)  one  and one-tenth percentage points for CHHAs located within the
 downstate region;
   (ii) six-tenths of one percentage point for CHHAs located  within  the
 upstate region;
   (iii) one and eight-tenths percentage points for LTHHCPs located with-
 in the downstate region; and
   (iv) one and seven-tenths percentage points for LTHHCPs located within
 the upstate region.
   (c) For each regional group, the 1999 target medicaid revenue percent-
 age  shall  be  calculated  by  subtracting  the  1999  medicaid revenue
 reduction percentage from the base period medicaid  revenue  percentage.
 The  1999  medicaid  revenue  reduction percentages, taking into account
 regional and program differences in utilization of medicaid and medicare
 services, for the following regional groups shall be equal to:
   (i) eight hundred twenty-five thousandths  (.825)  of  one  percentage
 point for CHHAs located within the downstate region;
   (ii)  forty-five  hundredths  (.45)  of one percentage point for CHHAs
 located within the upstate region;
   (iii) one and thirty-five  hundredths  percentage  points  (1.35)  for
 LTHHCPs located within the downstate region; and
   (iv)  one  and  two hundred seventy-five thousandths percentage points
 (1.275) for LTHHCPs located within the upstate region.
   5. (a) For each regional group, if the 1996 medicaid revenue  percent-
 age  is  not  equal  to  or  less  than the 1996 target medicaid revenue
 percentage, the commissioner of health shall compare the  1996  medicaid
 revenue  percentage  to  the  1996 target medicaid revenue percentage to
 determine the amount of the shortfall which, when divided  by  the  1996
 medicaid   revenue  reduction  percentage,  shall  be  called  the  1996
 reduction factor. These amounts, expressed as a  percentage,  shall  not
 exceed  one  hundred percent. If the 1996 medicaid revenue percentage is
 equal to or less than the 1996 target medicaid revenue  percentage,  the
 1996 reduction factor shall be zero.
   (b)  For  1997,  1998, 1999, 2000, 2001, 2002, 2003, 2004, 2005, 2006,
 2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017,  2018,
 2019,  2020, 2021, 2022 [and], 2023, 2024, 2025, 2026 AND 2027, for each
 regional group, if the medicaid revenue percentage  for  the  respective
 year is not equal to or less than the target medicaid revenue percentage
 for  such respective year, the commissioner of health shall compare such
 respective year's medicaid revenue percentage to such respective  year's
 target medicaid revenue percentage to determine the amount of the short-
 fall  which,  when  divided  by  the  respective year's medicaid revenue
 reduction percentage, shall be called  the  reduction  factor  for  such
 respective  year.  These  amounts,  expressed as a percentage, shall not
 exceed one hundred percent. If the medicaid  revenue  percentage  for  a
 particular  year  is  equal  to or less than the target medicaid revenue
 percentage for that year, the reduction factor for that  year  shall  be
 zero.
 S. 4007                            15                            A. 3007
 
   6.  (a)  For  each  regional group, the 1996 reduction factor shall be
 multiplied by the following amounts to determine each  regional  group's
 applicable 1996 state share reduction amount:
   (i) two million three hundred ninety thousand dollars ($2,390,000) for
 CHHAs located within the downstate region;
   (ii) seven hundred fifty thousand dollars ($750,000) for CHHAs located
 within the upstate region;
   (iii)  one  million  two hundred seventy thousand dollars ($1,270,000)
 for LTHHCPs located within the downstate region; and
   (iv) five hundred  ninety  thousand  dollars  ($590,000)  for  LTHHCPs
 located within the upstate region.
   For  each regional group reduction, if the 1996 reduction factor shall
 be zero, there shall be no 1996 state share reduction amount.
   (b) For 1997, 1998, 2000, 2001, 2002, 2003, 2004,  2005,  2006,  2007,
 2008,  2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019,
 2020, 2021, 2022 [and], 2023,  2024,  2025,  2026  AND  2027,  for  each
 regional  group,  the  reduction factor for the respective year shall be
 multiplied by the following amounts to determine each  regional  group's
 applicable state share reduction amount for such respective year:
   (i) two million three hundred ninety thousand dollars ($2,390,000) for
 CHHAs located within the downstate region;
   (ii) seven hundred fifty thousand dollars ($750,000) for CHHAs located
 within the upstate region;
   (iii)  one  million  two hundred seventy thousand dollars ($1,270,000)
 for LTHHCPs located within the downstate region; and
   (iv) five hundred  ninety  thousand  dollars  ($590,000)  for  LTHHCPs
 located within the upstate region.
   For  each  regional  group  reduction,  if  the reduction factor for a
 particular year shall be zero, there shall be no state  share  reduction
 amount for such year.
   (c) For each regional group, the 1999 reduction factor shall be multi-
 plied by the following amounts to determine each regional group's appli-
 cable 1999 state share reduction amount:
   (i) one million seven hundred ninety-two thousand five hundred dollars
 ($1,792,500) for CHHAs located within the downstate region;
   (ii)  five  hundred sixty-two thousand five hundred dollars ($562,500)
 for CHHAs located within the upstate region;
   (iii) nine hundred fifty-two thousand five hundred dollars  ($952,500)
 for LTHHCPs located within the downstate region; and
   (iv)  four  hundred forty-two thousand five hundred dollars ($442,500)
 for LTHHCPs located within the upstate region.
   For each regional group reduction, if the 1999 reduction factor  shall
 be zero, there shall be no 1999 state share reduction amount.
   7.  (a) For each regional group, the 1996 state share reduction amount
 shall be allocated by the commissioner of health among CHHAs and LTHHCPs
 on the basis of the extent  of  each  CHHA's  and  LTHHCP's  failure  to
 achieve  the  1996  target  medicaid revenue percentage, calculated on a
 provider specific basis utilizing revenues for this  purpose,  expressed
 as  a  proportion  of  the  total of each CHHA's and LTHHCP's failure to
 achieve the 1996 target medicaid revenue percentage within the  applica-
 ble  regional group. This proportion shall be multiplied by the applica-
 ble 1996 state share reduction amount calculation pursuant to  paragraph
 (a)  of  subdivision  6 of this section. This amount shall be called the
 1996 provider specific state share reduction amount.
   (b) For 1997, 1998, 1999, 2000, 2001, 2002, 2003,  2004,  2005,  2006,
 2007,  2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018,
 S. 4007                            16                            A. 3007
 
 2019, 2020, 2021, 2022 [and], 2023, 2024, 2025, 2026 AND 2027  for  each
 regional group, the state share reduction amount for the respective year
 shall be allocated by the commissioner of health among CHHAs and LTHHCPs
 on  the  basis  of  the  extent  of  each CHHA's and LTHHCP's failure to
 achieve the target medicaid revenue percentage for the applicable  year,
 calculated  on  a  provider  specific  basis utilizing revenues for this
 purpose, expressed as a proportion of  the  total  of  each  CHHA's  and
 LTHHCP's  failure  to achieve the target medicaid revenue percentage for
 the applicable year within the applicable regional group.  This  propor-
 tion  shall be multiplied by the applicable year's state share reduction
 amount calculation pursuant to paragraph (b) or (c) of subdivision 6  of
 this  section.  This  amount shall be called the provider specific state
 share reduction amount for the applicable year.
   8. (a) The 1996 provider specific state share reduction  amount  shall
 be due to the state from each CHHA and LTHHCP and may be recouped by the
 state  by  March  31, 1997 in a lump sum amount or amounts from payments
 due to the CHHA and LTHHCP pursuant to title 11  of  article  5  of  the
 social services law.
   (b) The provider specific state share reduction amount for 1997, 1998,
 1999,  2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010,
 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019, 2020,  2021,  2022
 [and], 2023, 2024, 2025, 2026 AND 2027 respectively, shall be due to the
 state  from  each  CHHA and LTHHCP and each year the amount due for such
 year may be recouped by the state by March 31 of the following year in a
 lump sum amount or amounts from payments due  to  the  CHHA  and  LTHHCP
 pursuant to title 11 of article 5 of the social services law.
   9.  CHHAs  and  LTHHCPs shall submit such data and information at such
 times as the commissioner of health may require  for  purposes  of  this
 section.  The  commissioner of health may use data available from third-
 party payors.
   10. On or about June 1, 1997, for each regional group the commissioner
 of health shall calculate for the period August 1,  1996  through  March
 31,  1997  a  medicaid  revenue  percentage, a reduction factor, a state
 share reduction amount, and a provider specific  state  share  reduction
 amount  in  accordance with the methodology provided in paragraph (a) of
 subdivision 2, paragraph (a) of subdivision 5, paragraph (a) of subdivi-
 sion 6 and paragraph (a) of subdivision 7 of this section. The  provider
 specific state share reduction amount calculated in accordance with this
 subdivision  shall be compared to the 1996 provider specific state share
 reduction amount calculated in accordance with paragraph (a) of subdivi-
 sion 7 of this section. Any amount in excess of the amount determined in
 accordance with paragraph (a) of subdivision 7 of this section shall  be
 due  to  the  state  from  each  CHHA  and LTHHCP and may be recouped in
 accordance with paragraph (a) of subdivision 8 of this section.  If  the
 amount  is  less than the amount determined in accordance with paragraph
 (a) of subdivision 7 of this section, the difference shall  be  refunded
 to  the  CHHA and LTHHCP by the state no later than July 15, 1997. CHHAs
 and LTHHCPs shall submit data for the  period  August  1,  1996  through
 March 31, 1997 to the commissioner of health by April 15, 1997.
   11.  If  a  CHHA  or  LTHHCP  fails  to submit data and information as
 required for purposes of this section:
   (a) such CHHA or LTHHCP shall be presumed to have no decrease in medi-
 caid revenue percentage between  the  applicable  base  period  and  the
 applicable  target  period  for purposes of the calculations pursuant to
 this section; and
 S. 4007                            17                            A. 3007
 
   (b) the commissioner of health shall reduce the current rate  paid  to
 such  CHHA  and  such  LTHHCP by state governmental agencies pursuant to
 article 36 of the public health law by one percent for a  period  begin-
 ning on the first day of the calendar month following the applicable due
 date  as  established by the commissioner of health and continuing until
 the last day of the calendar month in which the required data and infor-
 mation are submitted.
   12. The commissioner of health shall inform in writing the director of
 the budget and the chair of the senate finance committee and  the  chair
 of  the  assembly  ways and means committee of the results of the calcu-
 lations pursuant to this section.
   § 21. Paragraph (f) of subdivision 1 of section 64 of  chapter  81  of
 the laws of 1995, amending the public health law and other laws relating
 to medical reimbursement and welfare reform, as amended by section 13 of
 part  BB  of  chapter  56  of  the  laws  of 2020, is amended to read as
 follows:
   (f) Prior to February 1, 2001, February 1,  2002,  February  1,  2003,
 February  1, 2004, February 1, 2005, February 1, 2006, February 1, 2007,
 February 1, 2008, February 1, 2009, February 1, 2010, February 1,  2011,
 February  1, 2012, February 1, 2013, February 1, 2014, February 1, 2015,
 February 1, 2016, February 1, 2017, February 1, 2018, February 1,  2019,
 February  1, 2020, February 1, 2021, February 1, 2022 [and], February 1,
 2023, FEBRUARY 1, 2024, FEBRUARY 1,  2025  AND  FEBRUARY  1,  2026,  the
 commissioner of health shall calculate the result of the statewide total
 of  residential  health care facility days of care provided to benefici-
 aries of title XVIII of the  federal  social  security  act  (medicare),
 divided  by  the  sum of such days of care plus days of care provided to
 residents eligible for payments pursuant to title 11 of article 5 of the
 social services law minus the  number  of  days  provided  to  residents
 receiving  hospice  care,  expressed  as  a  percentage,  for the period
 commencing January 1, through November 30, of the prior year respective-
 ly, based on such data for such period. This value shall be  called  the
 2000,  2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010, 2011,
 2012, 2013, 2014, 2015, 2016, 2017, 2018,  2019, 2020, 2021, 2022 [and],
 2023, 2024, 2025 AND 2026 statewide target percentage respectively.
   § 22. Subparagraph (ii) of paragraph (b) of subdivision 3  of  section
 64 of chapter 81 of the laws of 1995, amending the public health law and
 other  laws  relating  to  medical  reimbursement and welfare reform, as
 amended by section 14 of part BB of chapter 56 of the laws of  2020,  is
 amended to read as follows:
   (ii)  If  the  1997,  1998,  2000, 2001, 2002, 2003, 2004, 2005, 2006,
 2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017,  2018,
 2019, 2020, 2021, 2022 [and], 2023, 2024, 2025 AND 2026 statewide target
 percentages are not for each year at least three percentage points high-
 er  than the statewide base percentage, the commissioner of health shall
 determine the percentage by which the statewide  target  percentage  for
 each year is not at least three percentage points higher than the state-
 wide  base  percentage. The percentage calculated pursuant to this para-
 graph shall be called the 1997, 1998,  2000,  2001,  2002,  2003,  2004,
 2005,  2006, 2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016,
 2017, 2018, 2019, 2020, 2021, 2022 [and],  2023,  2024,  2025  AND  2026
 statewide  reduction  percentage  respectively. If the 1997, 1998, 2000,
 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010, 2011,  2012,
 2013,  2014, 2015, 2016, 2017, 2018, 2019, 2020, 2021, 2022 [and], 2023,
 2024, 2025 AND 2026 statewide target percentage for the respective  year
 is  at  least  three  percentage  points  higher than the statewide base
 S. 4007                            18                            A. 3007
 
 percentage, the statewide reduction percentage for the  respective  year
 shall be zero.
   §  23. Subparagraph (iii) of paragraph (b) of subdivision 4 of section
 64 of chapter 81 of the laws of 1995, amending the public health law and
 other laws relating to medical  reimbursement  and  welfare  reform,  as
 amended  by  section 15 of part BB of chapter 56 of the laws of 2020, is
 amended to read as follows:
   (iii) The 1998, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007,  2008,
 2009,  2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019, 2020,
 2021, 2022 [and], 2023, 2024, 2025 AND 2026 statewide reduction percent-
 age shall be multiplied by one hundred two million dollars  respectively
 to  determine  the 1998, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007,
 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018,  2019,
 2020,  2021,  2022  [and], 2023, 2024, 2025 AND 2026 statewide aggregate
 reduction amount. If the 1998 and the  2000,  2001,  2002,  2003,  2004,
 2005,  2006, 2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016,
 2017, 2018, 2019, 2020, 2021, 2022 [and],  2023,  2024,  2025  AND  2026
 statewide  reduction  percentage shall be zero respectively, there shall
 be no 1998, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008,  2009,
 2010,  2011,  2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019 2020, 2021,
 2022 [and], 2023, 2024, 2025 AND 2026 reduction amount.
   § 24.  The opening paragraph of paragraph  (e)  of  subdivision  7  of
 section  367-a  of  the  social services law, as amended by section 1 of
 part GG of chapter 56 of the  laws  of  2020,  is  amended  to  read  as
 follows:
   During the period from April first, two thousand fifteen through March
 thirty-first,  two  thousand [twenty-three] TWENTY-SIX, the commissioner
 may, in lieu of a managed care provider  or  pharmacy  benefit  manager,
 negotiate  directly  and enter into an arrangement with a pharmaceutical
 manufacturer for the provision of supplemental rebates relating to phar-
 maceutical utilization by enrollees of managed care  providers  pursuant
 to section three hundred sixty-four-j of this title and may also negoti-
 ate directly and enter into such an agreement relating to pharmaceutical
 utilization  by  medical  assistance  recipients  not  so enrolled. Such
 rebate arrangements shall be limited to the  following:  antiretrovirals
 approved  by  the  FDA  for the treatment of HIV/AIDS, opioid dependence
 agents and opioid antagonists listed in  a  statewide  formulary  estab-
 lished  pursuant  to  subparagraph  (vii) of this paragraph, hepatitis C
 agents, high cost drugs as provided for in subparagraph (viii)  of  this
 paragraph,  gene  therapies as provided for in subparagraph (ix) of this
 paragraph, and any other class or drug designated  by  the  commissioner
 for  which  the  pharmaceutical  manufacturer  has  in  effect  a rebate
 arrangement with the federal secretary  of  health  and  human  services
 pursuant to 42 U.S.C. § 1396r-8, and for which the state has established
 standard  clinical  criteria. No agreement entered into pursuant to this
 paragraph shall have an initial term or be extended beyond  the  expira-
 tion or repeal of this paragraph.
   §  25. Subdivision 1 of section 60 of part B of chapter 57 of the laws
 of 2015, amending the social services law and  other  laws  relating  to
 supplemental  rebates,  as amended by section 8 of part GG of chapter 56
 of the laws of 2020, is amended to read as follows:
   1. section  one of this act shall expire and be deemed repealed  March
 31, [2026] 2029;
   § 26. Section 8 of part KK of chapter 56 of the laws of 2020, amending
 the  public  health law relating to the designation of statewide general
 S. 4007                            19                            A. 3007
 
 hospital quality and sole community pools and the reduction  of  capital
 related inpatient expenses, is amended to read as follows:
   §  8.  This  act  shall take effect immediately and shall be deemed to
 have been in full force and effect on and after April 1, 2020, provided,
 further that sections [three] FOUR through  [nine]  SEVEN  of  this  act
 shall  expire  and  be  deemed  repealed March 31, [2023] 2026; provided
 further, however, that the director of the budget may,  in  consultation
 with  the  commissioner  of health, delay the effective dates prescribed
 herein for a period of time which shall not exceed ninety days following
 the conclusion or termination of an executive order issued  pursuant  to
 section 28 of the executive law declaring a state disaster emergency for
 the  entire  state  of  New York, upon such delay the director of budget
 shall notify the chairs of the assembly ways  and  means  committee  and
 senate  finance  committee  and  the  chairs  of the assembly and senate
 health committee; provided further, however, that the  director  of  the
 budget  shall  notify  the legislative bill drafting commission upon the
 occurrence of a delay in the effective date of this act  in  order  that
 the  commission  may maintain an accurate and timely effective data base
 of the official text of the laws of the state of New York in furtherance
 of effectuating the provisions of section 44 of the legislative law  and
 section 70-b of the public officers law.
   §  27.  Subdivision  4-a  of section 71 of part C of chapter 60 of the
 laws of 2014, amending the social services law relating to fair hearings
 within the Fully Integrated  Duals  Advantage  program,  as  amended  by
 section  7  of  part MM of chapter 56 of the laws of 2020, is amended to
 read as follows:
   4-a. section twenty-two of this act shall take effect April  1,  2014,
 and shall be deemed expired January 1, [2024] 2027;
   §  28.  Section  4  of  chapter  779 of the laws of 1986, amending the
 social services law relating to authorizing services  for  non-residents
 in  adult homes, residences for adults and enriched housing programs, as
 amended by section 1 of item PP of subpart B of part XXX of  chapter  58
 of the laws of 2020, is amended to read as follows:
   § 4. This act shall take effect on the one hundred twentieth day after
 it  shall  have  become  a law and shall remain in full force and effect
 until July 1, [2023] 2027, provided however, that effective immediately,
 the addition, amendment and/or repeal of any rules or regulations neces-
 sary for the implementation of the foregoing sections of this act on its
 effective date are authorized and directed to be made and  completed  on
 or before such effective date.
   §  29.  Section  11  of  chapter 884 of the laws of 1990, amending the
 public health law relating to authorizing  bad  debt  and  charity  care
 allowances  for  certified home health agencies, as amended by section 1
 of part S of chapter 57 of the laws of  2021,  is  amended  to  read  as
 follows:
   § 11. This act shall take effect immediately and:
   (a) sections one and three shall expire on December 31, 1996,
   (b)  sections  four  through ten shall expire on June 30, [2023] 2025,
 and
   (c) provided that the amendment to section 2807-b of the public health
 law by section two of this act shall not affect the expiration  of  such
 section  2807-b  as  otherwise  provided  by  law and shall be deemed to
 expire therewith.
   § 30. Subdivision 5-a of section 246 of chapter  81  of  the  laws  of
 1995,  amending the public health law and other laws relating to medical
 S. 4007                            20                            A. 3007
 
 reimbursement and welfare reform, as amended by section 3 of part  S  of
 chapter 57 of the laws of 2021, is amended to read as follows:
   5-a.  Section sixty-four-a of this act shall be deemed to have been in
 full force and effect on and after April 1, 1995 through March 31,  1999
 and  on  and  after July 1, 1999 through March 31, 2000 and on and after
 April 1, 2000 through March 31, 2003 and on  and  after  April  1,  2003
 through March 31, 2007, and on and after April 1, 2007 through March 31,
 2009,  and on and after April 1, 2009 through March 31, 2011, and on and
 after April 1, 2011 through March 31, 2013, and on and  after  April  1,
 2013  through  March  31,  2015,  and on and after April 1, 2015 through
 March 31, 2017 and on and after April 1, 2017 through  March  31,  2019,
 and  on and after April 1, 2019 through March 31, 2021, and on and after
 April 1, 2021 through March 31, 2023, AND ON AND  AFTER  APRIL  1,  2023
 THROUGH MARCH 31, 2027;
   §  31.  Section  64-b  of chapter 81 of the laws of 1995, amending the
 public health law and other laws relating to medical  reimbursement  and
 welfare  reform,  as amended by section 4 of part S of chapter 57 of the
 laws of 2021, is amended to read as follows:
   §  64-b.  Notwithstanding  any  inconsistent  provision  of  law,  the
 provisions of subdivision 7 of section 3614 of the public health law, as
 amended,  shall  remain and be in full force and effect on April 1, 1995
 through March 31, 1999 and on July 1, 1999 through March 31, 2000 and on
 and after April 1, 2000 through March 31, 2003 and on and after April 1,
 2003 through March 31, 2007, and on and  after  April  1,  2007  through
 March  31,  2009, and on and after April 1, 2009 through March 31, 2011,
 and on and after April 1, 2011 through March 31, 2013, and on and  after
 April  1,  2013  through  March 31, 2015, and on and after April 1, 2015
 through March 31, 2017 and on and after April 1, 2017 through March  31,
 2019,  and on and after April 1, 2019 through March 31, 2021, and on and
 after April 1, 2021 through March 31, 2023, AND ON AND  AFTER  APRIL  1,
 2023 THROUGH MARCH 31, 2027.
   §  32. Section 4-a of part A of chapter 56 of the laws of 2013, amend-
 ing chapter 59 of the laws of 2011 amending the public  health  law  and
 other  laws relating to general hospital reimbursement for annual rates,
 as amended by section 5 of part S of chapter 57 of the laws of 2021,  is
 amended to read as follows:
   §  4-a.  Notwithstanding  paragraph  (c)  of subdivision 10 of section
 2807-c of the public health law, section 21 of chapter 1 of the laws  of
 1999,  or  any  other contrary provision of law, in determining rates of
 payments by state governmental agencies effective for services  provided
 on  and  after  January 1, 2017 through March 31, [2023] 2024, for inpa-
 tient and outpatient services provided by general hospitals,  for  inpa-
 tient services and adult day health care outpatient services provided by
 residential  health care facilities pursuant to article 28 of the public
 health law, except for residential health care facilities  or  units  of
 such  facilities  providing services primarily to children under twenty-
 one years of age, for home health care  services  provided  pursuant  to
 article  36  of the public health law by certified home health agencies,
 long term home health care programs and AIDS home care programs, and for
 personal care services provided pursuant to section 365-a of the  social
 services  law,  the  commissioner  of health shall apply no greater than
 zero trend factors attributable to the 2017,  2018,  2019,  2020,  2021,
 2022  [and], 2023, 2024 AND 2025 calendar years in accordance with para-
 graph (c) of subdivision 10 of section 2807-c of the public health  law,
 provided,  however, that such no greater than zero trend factors attrib-
 utable to such 2017, 2018, 2019, 2020, 2021, 2022 [and], 2023, 2024  AND
 S. 4007                            21                            A. 3007
 
 2025  calendar  years shall also be applied to rates of payment provided
 on and after January 1, 2017 through March 31, [2023] 2025 for  personal
 care services provided in those local social services districts, includ-
 ing  New  York city, whose rates of payment for such services are estab-
 lished by such local social services districts pursuant to  a  rate-set-
 ting exemption issued by the commissioner of health to such local social
 services  districts  in  accordance  with  applicable  regulations;  and
 provided further, however, that for rates of payment for assisted living
 program services provided on and after January 1, 2017 through March 31,
 [2023] 2025, such trend factors attributable to the  2017,  2018,  2019,
 2020,  2021,  2022  [and],  2023,  2024 AND 2025 calendar years shall be
 established at no greater than zero percent.
   § 33. Subdivision 2 of section 246 of chapter 81 of the laws of  1995,
 amending  the  public  health  law  and  other  laws relating to medical
 reimbursement and welfare reform, as amended by section 6 of part  S  of
 chapter 57 of the laws of 2021, is amended to read as follows:
   2.  Sections  five,  seven  through nine, twelve through fourteen, and
 eighteen of this act shall be deemed to have  been  in  full  force  and
 effect  on  and  after  April  1, 1995 through March 31, 1999 and on and
 after July 1, 1999 through March 31, 2000 and on and after April 1, 2000
 through March 31, 2003 and on and after April 1, 2003 through March  31,
 2006  and  on  and after April 1, 2006 through March 31, 2007 and on and
 after April 1, 2007 through March 31, 2009 and on  and  after  April  1,
 2009  through  March 31, 2011 and sections twelve, thirteen and fourteen
 of this act shall be deemed to be in full force and effect on and  after
 April  1,  2011  through  March  31, 2015 and on and after April 1, 2015
 through March 31, 2017 and on and after April 1, 2017 through March  31,
 2019,  and on and after April 1, 2019 through March 31, 2021, and on and
 after April 1, 2021 through March 31, 2023, AND ON AND  AFTER  APRIL  1,
 2023 THROUGH MARCH 31, 2025;
   §  34.  Subparagraph (vi) of paragraph (b) of subdivision 2 of section
 2807-d of the public health law, as amended by section 11 of part  S  of
 chapter 57 of the laws of 2021, is amended to read as follows:
   (vi)  Notwithstanding  any contrary provision of this paragraph or any
 other provision of law or regulation to the  contrary,  for  residential
 health care facilities the assessment shall be six percent of each resi-
 dential  health care facility's gross receipts received from all patient
 care services and other operating income on a cash basis for the  period
 April  first,  two thousand two through March thirty-first, two thousand
 three for hospital  or  health-related  services,  including  adult  day
 services;  provided,  however,  that residential health care facilities'
 gross receipts attributable to payments received pursuant to title XVIII
 of the federal social security act (medicare) shall be excluded from the
 assessment; provided, however, that for all such gross receipts received
 on or after April first, two thousand three through March  thirty-first,
 two  thousand  five,  such assessment shall be five percent, and further
 provided that for all such gross receipts received  on  or  after  April
 first,  two thousand five through March thirty-first, two thousand nine,
 and on or after April first, two thousand  nine  through  March  thirty-
 first,  two  thousand  eleven  such assessment shall be six percent, and
 further provided that for all such gross receipts received on  or  after
 April  first,  two thousand eleven through March thirty-first, two thou-
 sand thirteen such assessment shall be six percent, and further provided
 that for all such gross receipts received on or after April  first,  two
 thousand  thirteen through March thirty-first, two thousand fifteen such
 assessment shall be six percent, and further provided that for all  such
 S. 4007                            22                            A. 3007
 
 gross  receipts  received  on or after April first, two thousand fifteen
 through March thirty-first, two thousand seventeen such assessment shall
 be six percent, and further provided that for all  such  gross  receipts
 received  on  or after April first, two thousand seventeen through March
 thirty-first,  two  thousand  nineteen  such  assessment  shall  be  six
 percent,  and further provided that for all such gross receipts received
 on or after April first, two thousand  nineteen  through  March  thirty-
 first, two thousand twenty-one such assessment shall be six percent, and
 further  provided  that for all such gross receipts received on or after
 April first, two thousand twenty-one  through  March  thirty-first,  two
 thousand  twenty-three such assessment shall be six percent, AND FURTHER
 PROVIDED THAT FOR ALL SUCH GROSS RECEIPTS RECEIVED  ON  OR  AFTER  APRIL
 FIRST,  TWO  THOUSAND TWENTY-THREE THROUGH MARCH THIRTY-FIRST, TWO THOU-
 SAND TWENTY-FIVE SUCH ASSESSMENT SHALL BE SIX PERCENT.
   § 35. Section 3 of part MM of chapter 57 of the laws of 2021  amending
 the  public health law relating to aiding in the transition to adulthood
 for children with medical fragility living in  pediatric  nursing  homes
 and other settings is amended to read as follows:
   § 3. This act shall take effect on the one hundred twentieth day after
 it  shall  have become a law; provided however, that section one of this
 act shall expire and be deemed repealed  [two]  FOUR  years  after  such
 effective date; and provided further, that section two of this act shall
 expire  and  be  deemed repealed [three] FIVE years after such effective
 date.
   § 36. This act shall take effect immediately and shall  be  deemed  to
 have been in full force and effect on and after April 1, 2023; provided,
 however,  that  the  amendments  to  subdivision 6 of section 366 of the
 social services law made by section four of this act  shall  not  affect
 the  repeal  of such subdivision and shall be deemed repealed therewith;
 provided further, however, that the amendments to subparagraph  (ii)  of
 paragraph  (c) of subdivision 11 of section 230 of the public health law
 made by section ten of this act shall not affect the expiration of  such
 subparagraph  and  shall  be  deemed  to  expire therewith; and provided
 further, however, that the amendments to the opening paragraph of  para-
 graph  (e)  of subdivision 7 of section 367-a of the social services law
 made by section twenty-four of this act shall not affect the  repeal  of
 such paragraph and shall be deemed repealed therewith.
 
                                  PART C
 
   Section  1.    Section 34 of part A3 of chapter 62 of the laws of 2003
 amending the general business law and other laws  relating  to  enacting
 major  components  necessary  to implement the state fiscal plan for the
 2003-04 state fiscal year, as amended by section 1 of part Y of  chapter
 56 of the laws of 2020, is amended to read as follows:
   §  34.  (1) Notwithstanding any inconsistent provision of law, rule or
 regulation and effective April 1, 2008 through March  31,  [2023]  2026,
 the commissioner of health is authorized to transfer and the state comp-
 troller  is authorized and directed to receive for deposit to the credit
 of the department of health's special revenue fund - other, health  care
 reform  act  (HCRA) resources fund - 061, provider collection monitoring
 account, within amounts appropriated each year,  those  funds  collected
 and  accumulated  pursuant  to  section 2807-v of the public health law,
 including income from invested funds, for the  purpose  of  payment  for
 administrative  costs  of  the  department of health related to adminis-
 S. 4007                            23                            A. 3007

 tration of  statutory  duties  for  the  collections  and  distributions
 authorized by section 2807-v of the public health law.
   (2)  Notwithstanding  any inconsistent provision of law, rule or regu-
 lation and effective April 1, 2008 through March 31,  [2023]  2026,  the
 commissioner  of  health  is  authorized to transfer and the state comp-
 troller is authorized and directed to receive for deposit to the  credit
 of  the department of health's special revenue fund - other, health care
 reform act (HCRA) resources fund - 061, provider  collection  monitoring
 account,  within  amounts  appropriated each year, those funds collected
 and accumulated and interest earned through surcharges on  payments  for
 health care services pursuant to section 2807-s of the public health law
 and from assessments pursuant to section 2807-t of the public health law
 for the purpose of payment for administrative costs of the department of
 health related to administration of statutory duties for the collections
 and  distributions  authorized by sections 2807-s, 2807-t, and 2807-m of
 the public health law.
   (3) Notwithstanding any inconsistent provision of law, rule  or  regu-
 lation  and  effective  April 1, 2008 through March 31, [2023] 2026, the
 commissioner of health is authorized to transfer and the comptroller  is
 authorized  to  deposit,  within  amounts  appropriated each year, those
 funds authorized for distribution in accordance with the  provisions  of
 paragraph  (a)  of  subdivision 1 of section 2807-l of the public health
 law for the purposes of payment for administrative costs of the  depart-
 ment  of  health  related  to  the  child  health insurance plan program
 authorized pursuant to title 1-A of article 25 of the public health  law
 into  the  special  revenue funds - other, health care reform act (HCRA)
 resources fund - 061, child health insurance account, established within
 the department of health.
   (5) Notwithstanding any inconsistent provision of law, rule  or  regu-
 lation  and  effective  April 1, 2008 through March 31, [2023] 2026, the
 commissioner of health is authorized to transfer and the comptroller  is
 authorized  to  deposit,  within  amounts  appropriated each year, those
 funds allocated pursuant to paragraph (j) of subdivision  1  of  section
 2807-v  of the public health law for the purpose of payment for adminis-
 trative costs of the department of health related to  administration  of
 the state's tobacco control programs and cancer services provided pursu-
 ant  to  sections  2807-r and 1399-ii of the public health law into such
 accounts established within the department of health for such purposes.
   (6) Notwithstanding any inconsistent provision of law, rule  or  regu-
 lation  and  effective  April 1, 2008 through March 31, [2023] 2026, the
 commissioner of health is authorized to transfer and the comptroller  is
 authorized  to deposit, within amounts appropriated each year, the funds
 authorized for distribution in accordance with the provisions of section
 2807-l of the public health law for the purposes of payment for adminis-
 trative costs of the department of health related to the programs funded
 pursuant to section 2807-l of the public health  law  into  the  special
 revenue  funds  -  other, health care reform act (HCRA) resources fund -
 061, pilot health insurance account, established within  the  department
 of health.
   (7)  Notwithstanding  any inconsistent provision of law, rule or regu-
 lation and effective April 1, 2008 through March 31,  [2023]  2026,  the
 commissioner  of health is authorized to transfer and the comptroller is
 authorized to deposit, within  amounts  appropriated  each  year,  those
 funds  authorized  for distribution in accordance with the provisions of
 subparagraph (ii) of paragraph (f) of subdivision 19 of  section  2807-c
 of  the public health law from monies accumulated and interest earned in
 S. 4007                            24                            A. 3007
 
 the bad debt and charity care and capital  statewide  pools  through  an
 assessment  charged  to  general hospitals pursuant to the provisions of
 subdivision 18 of section 2807-c of the  public  health  law  and  those
 funds  authorized  for distribution in accordance with the provisions of
 section 2807-l of the public health law for the purposes of payment  for
 administrative  costs  of  the  department of health related to programs
 funded under section 2807-l of the public health law  into  the  special
 revenue  funds  -  other, health care reform act (HCRA) resources fund -
 061, primary care initiatives account, established within the department
 of health.
   (8) Notwithstanding any inconsistent provision of law, rule  or  regu-
 lation  and  effective  April 1, 2008 through March 31, [2023] 2026, the
 commissioner of health is authorized to transfer and the comptroller  is
 authorized  to  deposit,  within  amounts  appropriated each year, those
 funds authorized for distribution in accordance with section  2807-l  of
 the  public  health  law  for the purposes of payment for administrative
 costs of the department of  health  related  to  programs  funded  under
 section 2807-l of the public health law into the special revenue funds -
 other,  health  care reform act (HCRA) resources fund - 061, health care
 delivery administration account, established within  the  department  of
 health.
   (9)  Notwithstanding  any inconsistent provision of law, rule or regu-
 lation and effective April 1, 2008 through March 31,  [2023]  2026,  the
 commissioner  of health is authorized to transfer and the comptroller is
 authorized to deposit, within  amounts  appropriated  each  year,  those
 funds  authorized  pursuant to sections 2807-d, 3614-a and 3614-b of the
 public health law and section 367-i of the social services law  and  for
 distribution  in  accordance  with  the  provisions  of subdivision 9 of
 section 2807-j of the public health law for the purpose of  payment  for
 administration of statutory duties for the collections and distributions
 authorized  by  sections  2807-c, 2807-d, 2807-j, 2807-k, 2807-l, 3614-a
 and 3614-b of the public health law and  section  367-i  of  the  social
 services  law into the special revenue funds - other, health care reform
 act (HCRA) resources fund - 061, provider collection monitoring account,
 established within the department of health.
   § 2. Subparagraphs (iv) and (v) of paragraph (a) of subdivision  9  of
 section 2807-j of the public health law, as amended by section 2 of part
 Y of chapter 56 of the laws of 2020, are amended to read as follows:
   (iv)  seven  hundred  sixty-five million dollars annually of the funds
 accumulated for the periods January first, two thousand through December
 thirty-first, two thousand [twenty-two] TWENTY FIVE, and
   (v) one hundred ninety-one million two hundred fifty thousand  dollars
 of  the  funds  accumulated  for  the period January first, two thousand
 [twenty-three]  TWENTY-SIX  through  March  thirty-first,  two  thousand
 [twenty-three] TWENTY-SIX.
   §  3. Subdivision 5 of section 168 of chapter 639 of the laws of 1996,
 constituting the New York Health Care Reform Act of 1996, as amended  by
 section  3  of  part  Y of chapter 56 of the laws of 2020, is amended to
 read as follows:
   5. sections 2807-c, 2807-j, 2807-s and 2807-t  of  the  public  health
 law,  as  amended  or as added by this act, shall expire on December 31,
 [2023] 2026, and shall be thereafter effective only in  respect  to  any
 act  done  on or before such date or action or proceeding arising out of
 such act including continued collections of funds from  assessments  and
 allowances  and  surcharges  established  pursuant  to  sections 2807-c,
 2807-j, 2807-s and 2807-t of the public health law,  and  administration
 S. 4007                            25                            A. 3007
 
 and  distributions  of funds from pools established pursuant to sections
 2807-c, 2807-j, 2807-k, 2807-l, 2807-m, 2807-s and 2807-t of the  public
 health  law  related  to  patient  services provided before December 31,
 [2023]  2026, and continued expenditure of funds authorized for programs
 and grants until the exhaustion of funds therefor;
   § 4. Subdivision 1 of section 138 of chapter 1 of the  laws  of  1999,
 constituting  the New York Health Care Reform Act of 2000, as amended by
 section 4 of part Y of chapter 56 of the laws of  2020,  is  amended  to
 read as follows:
   1.  sections  2807-c,  2807-j, 2807-s, and 2807-t of the public health
 law, as amended by this act, shall expire on December 31,  [2023]  2026,
 and shall be thereafter effective only in respect to any act done before
 such  date  or  action  or  proceeding arising out of such act including
 continued collections of  funds  from  assessments  and  allowances  and
 surcharges  established  pursuant to sections 2807-c, 2807-j, 2807-s and
 2807-t of the public health law, and administration and distributions of
 funds from  pools  established  pursuant  to  sections  2807-c,  2807-j,
 2807-k,  2807-l, 2807-m, 2807-s, 2807-t, 2807-v and 2807-w of the public
 health law, as amended or added by this act, related to patient services
 provided before December 31, [2023] 2026, and continued  expenditure  of
 funds  authorized  for programs and grants until the exhaustion of funds
 therefor;
   § 5. Section 2807-l of the public health law, as amended by section  5
 of  part  Y  of  chapter  56  of the laws of 2020, is amended to read as
 follows:
   § 2807-l. Health care initiatives pool distributions. 1. Funds accumu-
 lated in the health care initiatives pools pursuant to paragraph (b)  of
 subdivision  nine  of section twenty-eight hundred seven-j of this arti-
 cle, or the health care reform act  (HCRA)  resources  fund  established
 pursuant to section ninety-two-dd of the state finance law, whichever is
 applicable,  including  income from invested funds, shall be distributed
 or retained by the commissioner or by the state comptroller, as applica-
 ble, in accordance with the following.
   (a) Funds shall be reserved and accumulated  from  year  to  year  and
 shall  be  available, including income from invested funds, for purposes
 of distributions to programs to provide health care coverage  for  unin-
 sured  or underinsured children pursuant to sections twenty-five hundred
 ten and twenty-five hundred eleven of this chapter from  the  respective
 health  care  initiatives pools established for the following periods in
 the following amounts:
   (i) from the pool for the period January first, nineteen hundred nine-
 ty-seven through December thirty-first, nineteen  hundred  ninety-seven,
 up to one hundred twenty million six hundred thousand dollars;
   (ii)  from  the  pool  for  the period January first, nineteen hundred
 ninety-eight through December  thirty-first,  nineteen  hundred  ninety-
 eight,  up  to  one  hundred  sixty-four  million  five hundred thousand
 dollars;
   (iii) from the pool for the period  January  first,  nineteen  hundred
 ninety-nine through December thirty-first, nineteen hundred ninety-nine,
 up to one hundred eighty-one million dollars;
   (iv)  from the pool for the period January first, two thousand through
 December thirty-first, two thousand, two hundred seven million dollars;
   (v) from the pool for the  period  January  first,  two  thousand  one
 through December thirty-first, two thousand one, two hundred thirty-five
 million dollars;
 S. 4007                            26                            A. 3007

   (vi)  from  the  pool  for  the period January first, two thousand two
 through December thirty-first, two thousand two, three  hundred  twenty-
 four million dollars;
   (vii)  from  the pool for the period January first, two thousand three
 through December thirty-first, two thousand three, up  to  four  hundred
 fifty million three hundred thousand dollars;
   (viii)  from  the pool for the period January first, two thousand four
 through December thirty-first, two thousand four,  up  to  four  hundred
 sixty million nine hundred thousand dollars;
   (ix)  from  the  pool  or  the health care reform act (HCRA) resources
 fund, whichever is applicable, for the period January first,  two  thou-
 sand  five  through  December thirty-first, two thousand five, up to one
 hundred fifty-three million eight hundred thousand dollars;
   (x) from the health care reform act  (HCRA)  resources  fund  for  the
 period  January  first,  two thousand six through December thirty-first,
 two thousand six, up to three hundred twenty-five million  four  hundred
 thousand dollars;
   (xi)  from  the  health  care reform act (HCRA) resources fund for the
 period January first, two thousand seven through December  thirty-first,
 two  thousand  seven, up to four hundred twenty-eight million fifty-nine
 thousand dollars;
   (xii) from the health care reform act (HCRA) resources  fund  for  the
 period  January first, two thousand eight through December thirty-first,
 two thousand ten, up to four hundred  fifty-three  million  six  hundred
 seventy-four thousand dollars annually;
   (xiii)  from  the health care reform act (HCRA) resources fund for the
 period January first, two thousand eleven, through  March  thirty-first,
 two  thousand  eleven,  up  to one hundred thirteen million four hundred
 eighteen thousand dollars;
   (xiv) from the health care reform act (HCRA) resources  fund  for  the
 period April first, two thousand eleven, through March thirty-first, two
 thousand  twelve,  up to three hundred twenty-four million seven hundred
 forty-four thousand dollars;
   (xv) from the health care reform act (HCRA)  resources  fund  for  the
 period April first, two thousand twelve, through March thirty-first, two
 thousand  thirteen,  up  to three hundred forty-six million four hundred
 forty-four thousand dollars;
   (xvi) from the health care reform act (HCRA) resources  fund  for  the
 period  April  first, two thousand thirteen, through March thirty-first,
 two thousand fourteen, up to three hundred seventy million  six  hundred
 ninety-five thousand dollars; and
   (xvii)  from the health care reform act (HCRA) resources fund for each
 state fiscal year for periods on and after  April  first,  two  thousand
 fourteen, within amounts appropriated.
   (b)  Funds  shall  be  reserved  and accumulated from year to year and
 shall be available, including income from invested funds,  for  purposes
 of  distributions  for  health  insurance  programs under the individual
 subsidy programs established pursuant to the expanded health care cover-
 age act of nineteen hundred eighty-eight as amended, and for  evaluation
 of  such  programs  from the respective health care initiatives pools or
 the health care reform act (HCRA) resources fund, whichever is  applica-
 ble, established for the following periods in the following amounts:
   (i)  (A)  an amount not to exceed six million dollars on an annualized
 basis for the  periods  January  first,  nineteen  hundred  ninety-seven
 through  December  thirty-first, nineteen hundred ninety-nine; up to six
 million dollars for the  period  January  first,  two  thousand  through
 S. 4007                            27                            A. 3007
 
 December  thirty-first, two thousand; up to five million dollars for the
 period January first, two thousand one  through  December  thirty-first,
 two  thousand  one;  up  to  four million dollars for the period January
 first, two thousand two through December thirty-first, two thousand two;
 up  to  two  million six hundred thousand dollars for the period January
 first, two thousand three through December  thirty-first,  two  thousand
 three;  up  to one million three hundred thousand dollars for the period
 January first, two thousand  four  through  December  thirty-first,  two
 thousand four; up to six hundred seventy thousand dollars for the period
 January  first,  two  thousand five through June thirtieth, two thousand
 five; up to one million three hundred thousand dollars  for  the  period
 April  first,  two thousand six through March thirty-first, two thousand
 seven; and up to one million three hundred thousand dollars annually for
 the period April first, two thousand seven through  March  thirty-first,
 two  thousand  nine,  shall be allocated to individual subsidy programs;
 and
   (B) an amount not to exceed seven million  dollars  on  an  annualized
 basis  for the periods during the period January first, nineteen hundred
 ninety-seven through December thirty-first, nineteen hundred ninety-nine
 and four million dollars annually for the  periods  January  first,  two
 thousand  through  December  thirty-first,  two  thousand two, and three
 million dollars for the period January first, two thousand three through
 December thirty-first, two thousand three, and two million  dollars  for
 the  period  January  first,  two thousand four through December thirty-
 first, two thousand four, and two million dollars for the period January
 first, two thousand five through June thirtieth, two thousand five shall
 be allocated to the catastrophic health care expense program.
   (ii) Notwithstanding any law to the contrary, the characterizations of
 the New York state small business health insurance  partnership  program
 as  in  effect  prior  to  June  thirtieth,  two thousand three, voucher
 program as in effect prior to December thirty-first, two  thousand  one,
 individual  subsidy  program  as  in effect prior to June thirtieth, two
 thousand five, and catastrophic  health  care  expense  program,  as  in
 effect prior to June thirtieth, two thousand five, may, for the purposes
 of  identifying  matching funds for the community health care conversion
 demonstration project described in a waiver of the provisions  of  title
 XIX  of the federal social security act granted to the state of New York
 and dated July fifteenth, nineteen hundred ninety-seven, may continue to
 be used to characterize the insurance programs in sections four thousand
 three hundred twenty-one-a, four thousand  three  hundred  twenty-two-a,
 four  thousand  three hundred twenty-six and four thousand three hundred
 twenty-seven of the insurance law, which are successor programs to these
 programs.
   (c) Up to seventy-eight million dollars shall be reserved and  accumu-
 lated  from  year  to  year  from the pool for the period January first,
 nineteen hundred ninety-seven through  December  thirty-first,  nineteen
 hundred  ninety-seven,  for  purposes  of  public health programs, up to
 seventy-six million dollars shall be reserved and accumulated from  year
 to  year  from the pools for the periods January first, nineteen hundred
 ninety-eight through December  thirty-first,  nineteen  hundred  ninety-
 eight  and  January first, nineteen hundred ninety-nine through December
 thirty-first, nineteen hundred ninety-nine, up  to  eighty-four  million
 dollars  shall  be  reserved  and accumulated from year to year from the
 pools for the period January first, two thousand through December  thir-
 ty-first,  two  thousand,  up  to  eighty-five  million dollars shall be
 reserved and accumulated from year to year from the pools for the period
 S. 4007                            28                            A. 3007
 
 January first, two thousand one through December thirty-first, two thou-
 sand one, up to eighty-six million dollars shall be reserved and accumu-
 lated from year to year from the pools for the period January first, two
 thousand  two  through  December  thirty-first,  two thousand two, up to
 eighty-six million one hundred fifty thousand dollars shall be  reserved
 and  accumulated from year to year from the pools for the period January
 first, two thousand three through December  thirty-first,  two  thousand
 three,  up  to fifty-eight million seven hundred eighty thousand dollars
 shall be reserved and accumulated from year to year from the  pools  for
 the  period  January  first,  two thousand four through December thirty-
 first, two thousand four, up to sixty-eight million seven hundred thirty
 thousand dollars shall be reserved and accumulated  from  year  to  year
 from  the  pools  or  the  health care reform act (HCRA) resources fund,
 whichever is applicable, for the period January first, two thousand five
 through December thirty-first, two  thousand  five,  up  to  ninety-four
 million three hundred fifty thousand dollars shall be reserved and accu-
 mulated  from  year  to  year  from  the  health  care reform act (HCRA)
 resources fund for the period January first, two  thousand  six  through
 December  thirty-first,  two  thousand  six,  up to seventy million nine
 hundred thirty-nine thousand dollars shall be reserved  and  accumulated
 from  year to year from the health care reform act (HCRA) resources fund
 for the period January first, two thousand seven through December  thir-
 ty-first,  two  thousand  seven,  up  to  fifty-five million six hundred
 eighty-nine thousand dollars annually shall be reserved and  accumulated
 from  year to year from the health care reform act (HCRA) resources fund
 for the period January first, two thousand eight through December  thir-
 ty-first,  two thousand ten, up to thirteen million nine hundred twenty-
 two thousand dollars shall be reserved and accumulated from year to year
 from the health care reform act (HCRA) resources  fund  for  the  period
 January first, two thousand eleven through March thirty-first, two thou-
 sand  eleven,  and  for  periods  on and after April first, two thousand
 eleven, up to funding amounts specified below and  shall  be  available,
 including income from invested funds, for:
   (i)  deposit by the commissioner, within amounts appropriated, and the
 state comptroller is hereby  authorized  and  directed  to  receive  for
 deposit  to, to the credit of the department of health's special revenue
 fund - other, hospital based grants program account or the  health  care
 reform  act (HCRA) resources fund, whichever is applicable, for purposes
 of services  and  expenses  related  to  general  hospital  based  grant
 programs,  up  to  twenty-two million dollars annually from the nineteen
 hundred ninety-seven pool, nineteen hundred ninety-eight pool,  nineteen
 hundred  ninety-nine  pool, two thousand pool, two thousand one pool and
 two thousand two pool, respectively, up to  twenty-two  million  dollars
 from  the  two  thousand  three  pool, up to ten million dollars for the
 period January first, two thousand four through  December  thirty-first,
 two  thousand  four, up to eleven million dollars for the period January
 first, two thousand five through  December  thirty-first,  two  thousand
 five, up to twenty-two million dollars for the period January first, two
 thousand  six  through  December  thirty-first,  two thousand six, up to
 twenty-two million ninety-seven thousand dollars annually for the period
 January first, two thousand seven  through  December  thirty-first,  two
 thousand  ten,  up  to  five  million  five hundred twenty-four thousand
 dollars for the period January first, two thousand eleven through  March
 thirty-first,  two  thousand eleven, up to thirteen million four hundred
 forty-five thousand dollars for the period  April  first,  two  thousand
 eleven  through March thirty-first, two thousand twelve, and up to thir-
 S. 4007                            29                            A. 3007
 
 teen million three hundred  seventy-five  thousand  dollars  each  state
 fiscal  year  for  the  period  April first, two thousand twelve through
 March thirty-first, two thousand fourteen;
   (ii) deposit by the commissioner, within amounts appropriated, and the
 state  comptroller  is  hereby  authorized  and  directed to receive for
 deposit to, to the credit of the  emergency  medical  services  training
 account  established  in section ninety-seven-q of the state finance law
 or the health care reform act (HCRA) resources fund, whichever is appli-
 cable, up to sixteen million dollars on  an  annualized  basis  for  the
 periods  January  first,  nineteen hundred ninety-seven through December
 thirty-first, nineteen hundred ninety-nine, up to twenty million dollars
 for the period January first,  two  thousand  through  December  thirty-
 first,  two  thousand,  up  to twenty-one million dollars for the period
 January first, two thousand one through December thirty-first, two thou-
 sand one, up to twenty-two million dollars for the period January first,
 two thousand two through December thirty-first, two thousand two, up  to
 twenty-two  million  five  hundred fifty thousand dollars for the period
 January first, two thousand three  through  December  thirty-first,  two
 thousand  three,  up to nine million six hundred eighty thousand dollars
 for the period January first, two thousand four through  December  thir-
 ty-first,  two  thousand  four,  up to twelve million one hundred thirty
 thousand dollars for the period January first, two thousand five through
 December thirty-first, two thousand five, up to twenty-four million  two
 hundred  fifty  thousand dollars for the period January first, two thou-
 sand six through December thirty-first, two thousand six, up  to  twenty
 million four hundred ninety-two thousand dollars annually for the period
 January  first,  two  thousand  seven through December thirty-first, two
 thousand ten, up to  five  million  one  hundred  twenty-three  thousand
 dollars  for the period January first, two thousand eleven through March
 thirty-first, two thousand eleven, up to eighteen million three  hundred
 fifty  thousand  dollars for the period April first, two thousand eleven
 through March thirty-first, two thousand twelve, up to eighteen  million
 nine  hundred  fifty  thousand  dollars  for the period April first, two
 thousand twelve through March thirty-first, two thousand thirteen, up to
 nineteen million four hundred nineteen thousand dollars for  the  period
 April first, two thousand thirteen through March thirty-first, two thou-
 sand  fourteen,  and up to nineteen million six hundred fifty-nine thou-
 sand seven hundred dollars each state fiscal  year  for  the  period  of
 April first, two thousand fourteen through March thirty-first, two thou-
 sand [twenty-three] TWENTY-SIX;
   (iii)  priority  distributions  by  the  commissioner up to thirty-two
 million dollars on an annualized basis for the period January first, two
 thousand through December thirty-first, two thousand four, up  to  thir-
 ty-eight  million  dollars on an annualized basis for the period January
 first, two thousand five through  December  thirty-first,  two  thousand
 six,  up  to eighteen million two hundred fifty thousand dollars for the
 period January first, two thousand seven through December  thirty-first,
 two  thousand seven, up to three million dollars annually for the period
 January first, two thousand eight  through  December  thirty-first,  two
 thousand  ten, up to seven hundred fifty thousand dollars for the period
 January first, two thousand eleven through March thirty-first, two thou-
 sand eleven, up to two million nine hundred thousand dollars each  state
 fiscal  year  for  the  period  April first, two thousand eleven through
 March thirty-first, two thousand fourteen, and up to  two  million  nine
 hundred  thousand  dollars  each  state fiscal year for the period April
 first, two thousand fourteen through March  thirty-first,  two  thousand
 S. 4007                            30                            A. 3007
 
 [twenty-three]  TWENTY-SIX  to  be allocated (A) for the purposes estab-
 lished pursuant to subparagraph (ii) of  paragraph  (f)  of  subdivision
 nineteen  of  section twenty-eight hundred seven-c of this article as in
 effect  on December thirty-first, nineteen hundred ninety-six and as may
 thereafter be amended, up to fifteen million dollars  annually  for  the
 periods  January  first, two thousand through December thirty-first, two
 thousand four, up to twenty-one million dollars annually for the  period
 January  first,  two  thousand  five  through December thirty-first, two
 thousand six, and up to seven million five hundred thousand dollars  for
 the period January first, two thousand seven through March thirty-first,
 two thousand seven;
   (B)  pursuant  to  a  memorandum  of understanding entered into by the
 commissioner, the majority leader of the senate and the speaker  of  the
 assembly,  for  the purposes outlined in such memorandum upon the recom-
 mendation of the majority leader  of the senate,  up  to  eight  million
 five hundred thousand dollars annually for the period January first, two
 thousand through December thirty-first, two thousand six, and up to four
 million two hundred fifty thousand dollars for the period January first,
 two  thousand  seven through June thirtieth, two thousand seven, and for
 the purposes outlined in such memorandum upon the recommendation of  the
 speaker  of  the  assembly,  up  to  eight million five hundred thousand
 dollars annually for the periods January  first,  two  thousand  through
 December  thirty-first,  two  thousand  six,  and up to four million two
 hundred fifty thousand dollars for the period January first,  two  thou-
 sand seven through June thirtieth, two thousand seven; and
   (C)  for services and expenses, including grants, related to emergency
 assistance distributions as designated by the  commissioner.    Notwith-
 standing  section  one  hundred twelve or one hundred sixty-three of the
 state finance law or any other contrary provision of law, such  distrib-
 utions shall be limited to providers or programs where, as determined by
 the  commissioner,  emergency assistance is vital to protect the life or
 safety of patients, to ensure the retention of  facility  caregivers  or
 other  staff, or in instances where health facility operations are jeop-
 ardized, or where the public health is jeopardized  or  other  emergency
 situations  exist,  up  to three million dollars annually for the period
 April first, two thousand seven through March thirty-first, two thousand
 eleven, up to two million  nine  hundred  thousand  dollars  each  state
 fiscal  year  for  the  period  April first, two thousand eleven through
 March thirty-first, two  thousand  fourteen,  up  to  two  million  nine
 hundred  thousand  dollars  each  state fiscal year for the period April
 first, two thousand fourteen through March  thirty-first,  two  thousand
 seventeen,  up  to  two million nine hundred thousand dollars each state
 fiscal year for the period April first, two thousand  seventeen  through
 March  thirty-first,  two  thousand twenty, [and] up to two million nine
 hundred thousand dollars each state fiscal year  for  the  period  April
 first,  two  thousand  twenty  through  March thirty-first, two thousand
 twenty-three, AND UP TO TWO MILLION NINE HUNDRED THOUSAND  DOLLARS  EACH
 STATE  FISCAL YEAR FOR THE PERIOD APRIL FIRST, TWO THOUSAND TWENTY-THREE
 THROUGH MARCH THIRTY-FIRST, TWO THOUSAND TWENTY-SIX. Upon  any  distrib-
 ution of such funds, the commissioner shall immediately notify the chair
 and  ranking minority member of the senate finance committee, the assem-
 bly ways and means committee, the senate committee on  health,  and  the
 assembly committee on health;
   (iv)  distributions  by  the  commissioner  related  to poison control
 centers pursuant to subdivision seven of section  twenty-five  hundred-d
 of  this  chapter,  up  to  five  million dollars for the period January
 S. 4007                            31                            A. 3007
 
 first, nineteen  hundred  ninety-seven  through  December  thirty-first,
 nineteen hundred ninety-seven, up to three million dollars on an annual-
 ized  basis  for  the  periods during the period January first, nineteen
 hundred  ninety-eight  through  December  thirty-first, nineteen hundred
 ninety-nine, up to five million dollars annually for the periods January
 first, two thousand through December thirty-first, two thousand two,  up
 to  four  million  six hundred thousand dollars annually for the periods
 January first, two thousand three  through  December  thirty-first,  two
 thousand  four,  up to five million one hundred thousand dollars for the
 period January first, two thousand five through  December  thirty-first,
 two  thousand  six  annually,  up  to  five million one hundred thousand
 dollars annually for  the  period  January  first,  two  thousand  seven
 through  December  thirty-first,  two thousand nine, up to three million
 six hundred thousand dollars for the period January first, two  thousand
 ten through December thirty-first, two thousand ten, up to seven hundred
 seventy-five thousand dollars for the period January first, two thousand
 eleven  through  March  thirty-first,  two  thousand  eleven,  up to two
 million five hundred thousand dollars each state  fiscal  year  for  the
 period  April first, two thousand eleven through March thirty-first, two
 thousand fourteen, up to three million dollars each  state  fiscal  year
 for  the period April first, two thousand fourteen through March thirty-
 first, two thousand seventeen, up to three million  dollars  each  state
 fiscal  year  for the period April first, two thousand seventeen through
 March thirty-first, two thousand  twenty,  [and]  up  to  three  million
 dollars  each state fiscal year for the period April first, two thousand
 twenty through March thirty-first, two thousand twenty-three, AND UP  TO
 THREE MILLION DOLLARS EACH STATE FISCAL YEAR FOR THE PERIOD APRIL FIRST,
 TWO THOUSAND TWENTY-THREE THROUGH MARCH THIRTY-FIRST, TWO THOUSAND TWEN-
 TY-SIX; and
   (v)  deposit by the commissioner, within amounts appropriated, and the
 state comptroller is hereby  authorized  and  directed  to  receive  for
 deposit  to, to the credit of the department of health's special revenue
 fund - other, miscellaneous special revenue  fund  -  339  maternal  and
 child  HIV  services  account  or  the  health  care  reform  act (HCRA)
 resources fund, whichever is  applicable,  for  purposes  of  a  special
 program  for  HIV services for women and children, including adolescents
 pursuant to section twenty-five hundred-f-one of  this  chapter,  up  to
 five  million  dollars annually for the periods January first, two thou-
 sand through December thirty-first, two thousand two, up to five million
 dollars for the period January first, two thousand three through  Decem-
 ber  thirty-first,  two  thousand  three, up to two million five hundred
 thousand dollars for the period January first, two thousand four through
 December thirty-first, two thousand four, up to two million five hundred
 thousand dollars for the period January first, two thousand five through
 December thirty-first, two thousand five, up to five million dollars for
 the period January first, two  thousand  six  through  December  thirty-
 first,  two  thousand  six,  up to five million dollars annually for the
 period January first, two thousand seven through December  thirty-first,
 two  thousand  ten, up to one million two hundred fifty thousand dollars
 for the period January first, two thousand eleven through March  thirty-
 first,  two  thousand  eleven, and up to five million dollars each state
 fiscal year for the period April  first,  two  thousand  eleven  through
 March thirty-first, two thousand fourteen;
   (d)  (i)  An  amount  of up to twenty million dollars annually for the
 period January first, two thousand through  December  thirty-first,  two
 thousand  six,  up  to ten million dollars for the period January first,
 S. 4007                            32                            A. 3007
 
 two thousand seven through June thirtieth, two  thousand  seven,  up  to
 twenty  million dollars annually for the period January first, two thou-
 sand eight through December thirty-first, two thousand ten, up  to  five
 million  dollars  for  the  period  January  first,  two thousand eleven
 through March thirty-first, two thousand eleven, up to nineteen  million
 six hundred thousand dollars each state fiscal year for the period April
 first,  two  thousand  eleven  through  March thirty-first, two thousand
 fourteen, up to nineteen million six hundred thousand dollars each state
 fiscal year for the period April first, two  thousand  fourteen  through
 March  thirty-first,  two thousand seventeen, up to nineteen million six
 hundred thousand dollars each state fiscal year for the period of  April
 first,  two  thousand seventeen through March thirty-first, two thousand
 twenty, [and] up to nineteen million six hundred thousand  dollars  each
 state  fiscal  year  for  the period of April first, two thousand twenty
 through March thirty-first, two thousand twenty-three, AND UP  TO  NINE-
 TEEN MILLION SIX HUNDRED THOUSAND DOLLARS EACH STATE FISCAL YEAR FOR THE
 PERIOD  OF  APRIL FIRST, TWO THOUSAND TWENTY-THREE THROUGH MARCH THIRTY-
 FIRST, TWO THOUSAND TWENTY-SIX,  shall  be  transferred  to  the  health
 facility restructuring pool established pursuant to section twenty-eight
 hundred fifteen of this article;
   (ii)  provided,  however, amounts transferred pursuant to subparagraph
 (i) of this paragraph may be reduced in an amount to be approved by  the
 director  of  the budget to reflect the amount received from the federal
 government under the state's 1115 waiver which  is  directed  under  its
 terms and conditions to the health facility restructuring program.
   (f) Funds shall be accumulated and transferred from as follows:
   (i) from the pool for the period January first, nineteen hundred nine-
 ty-seven  through  December thirty-first, nineteen hundred ninety-seven,
 (A) thirty-four million  six hundred thousand dollars  shall  be  trans-
 ferred  to  funds  reserved and accumulated pursuant to paragraph (b) of
 subdivision nineteen of section twenty-eight  hundred  seven-c  of  this
 article,  and  (B)  eighty-two  million dollars shall be transferred and
 deposited and credited to the credit of the state general  fund  medical
 assistance local assistance account;
   (ii)  from  the  pool  for  the period January first, nineteen hundred
 ninety-eight through December  thirty-first,  nineteen  hundred  ninety-
 eight, eighty-two million dollars shall be transferred and deposited and
 credited  to  the  credit  of  the state general fund medical assistance
 local assistance account;
   (iii) from the pool for the period  January  first,  nineteen  hundred
 ninety-nine through December thirty-first, nineteen hundred ninety-nine,
 eighty-two  million dollars shall be transferred and deposited and cred-
 ited to the credit of the state general fund  medical  assistance  local
 assistance account;
   (iv)  from  the  pool  or  the health care reform act (HCRA) resources
 fund, whichever is applicable, for the period January first,  two  thou-
 sand  through  December  thirty-first,  two  thousand  four,  eighty-two
 million dollars annually, and for the period January first, two thousand
 five  through  December  thirty-first,  two  thousand  five,  eighty-two
 million  dollars,  and  for  the  period January first, two thousand six
 through December thirty-first,  two  thousand  six,  eighty-two  million
 dollars,  and  for  the period January first, two thousand seven through
 December thirty-first, two thousand seven, eighty-two  million  dollars,
 and  for  the  period January first, two thousand eight through December
 thirty-first, two thousand eight, ninety million seven hundred  thousand
 dollars  shall  be  deposited  by  the commissioner, and the state comp-
 S. 4007                            33                            A. 3007

 troller is hereby authorized and directed to receive for deposit to  the
 credit  of  the  state special revenue fund - other, HCRA transfer fund,
 medical assistance account;
   (v)  from  the  health  care  reform act (HCRA) resources fund for the
 period January first, two thousand nine through  December  thirty-first,
 two  thousand  nine, one hundred eight million nine hundred seventy-five
 thousand dollars, and for the period January  first,  two  thousand  ten
 through  December thirty-first, two thousand ten, one hundred twenty-six
 million one hundred thousand dollars, for the period January first,  two
 thousand  eleven through March thirty-first, two thousand eleven, twenty
 million five hundred thousand dollars, and for each  state  fiscal  year
 for  the  period  April first, two thousand eleven through March thirty-
 first, two thousand fourteen, one hundred forty-six million four hundred
 thousand dollars, shall be deposited by the commissioner, and the  state
 comptroller is hereby authorized and directed to receive for deposit, to
 the  credit  of  the  state  special revenue fund - other, HCRA transfer
 fund, medical assistance account.
   (g) Funds shall be transferred to primary health care  services  pools
 created  by  the  commissioner, and shall be available, including income
 from invested funds, for distributions in accordance with former section
 twenty-eight hundred seven-bb of this article from the respective health
 care initiatives pools  for  the  following  periods  in  the  following
 percentage  amounts  of  funds remaining after allocations in accordance
 with paragraphs (a) through (f) of this subdivision:
   (i) from the pool for the period January first, nineteen hundred nine-
 ty-seven through December thirty-first, nineteen  hundred  ninety-seven,
 fifteen and eighty-seven-hundredths percent;
   (ii)  from  the  pool  for  the period January first, nineteen hundred
 ninety-eight through December  thirty-first,  nineteen  hundred  ninety-
 eight, fifteen and eighty-seven-hundredths percent; and
   (iii)  from  the  pool  for the period January first, nineteen hundred
 ninety-nine through December thirty-first, nineteen hundred ninety-nine,
 sixteen and thirteen-hundredths percent.
   (h) Funds shall be reserved and accumulated from year to year  by  the
 commissioner  and  shall  be  available,  including income from invested
 funds, for purposes of primary care education and training  pursuant  to
 article nine of this chapter from the respective health care initiatives
 pools  established for the following periods in the following percentage
 amounts of funds remaining after allocations in  accordance  with  para-
 graphs  (a)  through  (f) of this subdivision and shall be available for
 distributions as follows:
   (i) funds shall be reserved and accumulated:
   (A) from the pool for the period January first, nineteen hundred nine-
 ty-seven through December thirty-first, nineteen  hundred  ninety-seven,
 six and thirty-five-hundredths percent;
   (B) from the pool for the period January first, nineteen hundred nine-
 ty-eight  through  December thirty-first, nineteen hundred ninety-eight,
 six and thirty-five-hundredths percent; and
   (C) from the pool for the period January first, nineteen hundred nine-
 ty-nine through December thirty-first, nineteen hundred ninety-nine, six
 and forty-five-hundredths percent;
   (ii) funds shall be available for distributions including income  from
 invested funds as follows:
   (A)  for purposes of the primary care physician loan repayment program
 in accordance with section nine hundred three of  this  chapter,  up  to
 five million dollars on an annualized basis;
 S. 4007                            34                            A. 3007
 
   (B)  for purposes of the primary care practitioner scholarship program
 in accordance with section nine hundred four of this chapter, up to  two
 million dollars on an annualized basis;
   (C) for purposes of minority participation in medical education grants
 in  accordance  with section nine hundred six of this chapter, up to one
 million dollars on an annualized basis; and
   (D) provided, however, that the commissioner may reallocate any  funds
 remaining  or unallocated for distributions for the primary care practi-
 tioner scholarship program in accordance with section nine hundred  four
 of this chapter.
   (i)  Funds  shall  be  reserved  and accumulated from year to year and
 shall be available, including income from invested funds,  for  distrib-
 utions  in  accordance  with  section  twenty-nine hundred fifty-two and
 section twenty-nine hundred fifty-eight of this chapter for rural health
 care delivery development and  rural  health  care  access  development,
 respectively,  from  the respective health care initiatives pools or the
 health care reform act (HCRA) resources fund, whichever  is  applicable,
 for  the  following periods in the following percentage amounts of funds
 remaining after allocations in accordance with  paragraphs  (a)  through
 (f) of this subdivision, and for periods on and after January first, two
 thousand, in the following amounts:
   (i) from the pool for the period January first, nineteen hundred nine-
 ty-seven  through  December thirty-first, nineteen hundred ninety-seven,
 thirteen and forty-nine-hundredths percent;
   (ii) from the pool for the  period  January  first,  nineteen  hundred
 ninety-eight  through  December  thirty-first,  nineteen hundred ninety-
 eight, thirteen and forty-nine-hundredths percent;
   (iii) from the pool for the period  January  first,  nineteen  hundred
 ninety-nine through December thirty-first, nineteen hundred ninety-nine,
 thirteen and seventy-one-hundredths percent;
   (iv) from the pool for the periods January first, two thousand through
 December thirty-first, two thousand two, seventeen million dollars annu-
 ally,  and  for  the  period  January  first, two thousand three through
 December thirty-first, two thousand three, up to fifteen  million  eight
 hundred fifty thousand dollars;
   (v) from the pool or the health care reform act (HCRA) resources fund,
 whichever is applicable, for the period January first, two thousand four
 through  December thirty-first, two thousand four, up to fifteen million
 eight hundred fifty thousand dollars, for the period January first,  two
 thousand  five  through  December thirty-first, two thousand five, up to
 nineteen million two hundred thousand dollars, for  the  period  January
 first, two thousand six through December thirty-first, two thousand six,
 up  to  nineteen  million  two  hundred thousand dollars, for the period
 January first, two thousand seven  through  December  thirty-first,  two
 thousand  ten, up to eighteen million one hundred fifty thousand dollars
 annually, for the period January  first,  two  thousand  eleven  through
 March thirty-first, two thousand eleven, up to four million five hundred
 thirty-eight thousand dollars, for each state fiscal year for the period
 April  first,  two thousand eleven through March thirty-first, two thou-
 sand fourteen, up to sixteen million two hundred thousand dollars, up to
 sixteen million two hundred thousand dollars each state fiscal year  for
 the  period  April  first,  two  thousand fourteen through March thirty-
 first, two thousand seventeen, up to sixteen million two  hundred  thou-
 sand  dollars  each  state  fiscal  year for the period April first, two
 thousand seventeen through  March  thirty-first,  two  thousand  twenty,
 [and]  up  to  sixteen  million  two hundred thousand dollars each state
 S. 4007                            35                            A. 3007

 fiscal year for the period April  first,  two  thousand  twenty  through
 March thirty-first, two thousand twenty-three, AND UP TO SIXTEEN MILLION
 TWO HUNDRED THOUSAND DOLLARS EACH STATE FISCAL YEAR FOR THE PERIOD APRIL
 FIRST,  TWO  THOUSAND TWENTY-THREE THROUGH MARCH THIRTY-FIRST, TWO THOU-
 SAND TWENTY-SIX.
   (j) Funds shall be reserved and accumulated  from  year  to  year  and
 shall  be  available, including income from invested funds, for purposes
 of distributions related to health information and health  care  quality
 improvement  pursuant  to former section twenty-eight hundred seven-n of
 this article from the respective health care  initiatives  pools  estab-
 lished  for the following periods in the following percentage amounts of
 funds remaining after allocations  in  accordance  with  paragraphs  (a)
 through (f) of this subdivision:
   (i) from the pool for the period January first, nineteen hundred nine-
 ty-seven  through  December thirty-first, nineteen hundred ninety-seven,
 six and thirty-five-hundredths percent;
   (ii) from the pool for the  period  January  first,  nineteen  hundred
 ninety-eight  through  December  thirty-first,  nineteen hundred ninety-
 eight, six and thirty-five-hundredths percent; and
   (iii) from the pool for the period  January  first,  nineteen  hundred
 ninety-nine through December thirty-first, nineteen hundred ninety-nine,
 six and forty-five-hundredths percent.
   (k)  Funds  shall  be  reserved  and accumulated from year to year and
 shall be available, including income  from  invested  funds,  for  allo-
 cations  and  distributions  in  accordance  with  section  twenty-eight
 hundred seven-p of this article  for  diagnostic  and  treatment  center
 uncompensated  care from the respective health care initiatives pools or
 the health care reform act (HCRA) resources fund, whichever is  applica-
 ble,  for  the following periods in the following percentage  amounts of
 funds remaining after allocations  in  accordance  with  paragraphs  (a)
 through  (f)  of  this subdivision, and for periods on and after January
 first, two thousand, in the following amounts:
   (i) from the pool for the period January first, nineteen hundred nine-
 ty-seven through December thirty-first, nineteen  hundred  ninety-seven,
 thirty-eight and one-tenth percent;
   (ii)  from  the  pool  for  the period January first, nineteen hundred
 ninety-eight through December  thirty-first,  nineteen  hundred  ninety-
 eight, thirty-eight and one-tenth percent;
   (iii)  from  the  pool  for the period January first, nineteen hundred
 ninety-nine through December thirty-first, nineteen hundred ninety-nine,
 thirty-eight and seventy-one-hundredths percent;
   (iv) from the pool for the periods January first, two thousand through
 December thirty-first, two thousand  two,  forty-eight  million  dollars
 annually,  and  for the period January first, two thousand three through
 June thirtieth, two thousand three, twenty-four million dollars;
   (v) (A) from the pool or the health care reform act  (HCRA)  resources
 fund,  whichever  is applicable, for the period July first, two thousand
 three through December thirty-first,  two  thousand  three,  up  to  six
 million dollars, for the period January first, two thousand four through
 December  thirty-first,  two  thousand six, up to twelve million dollars
 annually, for the period  January  first,  two  thousand  seven  through
 December  thirty-first, two thousand thirteen, up to forty-eight million
 dollars annually, for the period January first,  two  thousand  fourteen
 through  March thirty-first, two thousand fourteen, up to twelve million
 dollars for the period April first, two thousand fourteen through  March
 thirty-first,  two thousand seventeen, up to forty-eight million dollars
 S. 4007                            36                            A. 3007
 
 annually, for the period April first,  two  thousand  seventeen  through
 March  thirty-first,  two  thousand  twenty,  up  to forty-eight million
 dollars annually, [and] for the period April first, two thousand  twenty
 through March thirty-first, two thousand twenty-three, up to forty-eight
 million  dollars  annually, AND FOR THE PERIOD APRIL FIRST, TWO THOUSAND
 TWENTY-THREE THROUGH MARCH THIRTY-FIRST, TWO THOUSAND TWENTY-SIX, UP  TO
 FORTY-EIGHT MILLION DOLLARS ANNUALLY;
   (B)  from  the  health  care  reform act (HCRA) resources fund for the
 period January first, two thousand six  through  December  thirty-first,
 two  thousand  six,  an  additional  seven million five hundred thousand
 dollars, for the period January first, two thousand seven through Decem-
 ber thirty-first, two thousand thirteen,  an  additional  seven  million
 five  hundred  thousand  dollars annually, for the period January first,
 two thousand fourteen through March thirty-first, two thousand fourteen,
 an additional one million eight hundred seventy-five  thousand  dollars,
 for  the period April first, two thousand fourteen through March thirty-
 first, two thousand seventeen, an additional seven million five  hundred
 thousand  dollars  annually,  for  the  period April first, two thousand
 seventeen through March thirty-first, two thousand twenty, an additional
 seven million five hundred thousand  dollars  annually,  [and]  for  the
 period  April first, two thousand twenty through March thirty-first, two
 thousand twenty-three, an additional seven million five hundred thousand
 dollars annually, AND FOR THE PERIOD APRIL FIRST, TWO  THOUSAND  TWENTY-
 THREE THROUGH MARCH THIRTY-FIRST, TWO THOUSAND TWENTY-SIX, AN ADDITIONAL
 SEVEN  MILLION FIVE HUNDRED THOUSAND DOLLARS ANNUALLY for voluntary non-
 profit diagnostic and treatment center uncompensated care in  accordance
 with  subdivision four-c of section twenty-eight hundred seven-p of this
 article; and
   (vi) funds reserved and accumulated pursuant  to  this  paragraph  for
 periods  on and after July first, two thousand three, shall be deposited
 by the commissioner, within amounts appropriated, and  the  state  comp-
 troller  is hereby authorized and directed to receive for deposit to the
 credit of the state special revenue funds - other, HCRA  transfer  fund,
 medical  assistance  account, for purposes of funding the state share of
 rate adjustments made pursuant to section twenty-eight  hundred  seven-p
 of  this article, provided, however, that in the event federal financial
 participation is not available for rate  adjustments  made  pursuant  to
 paragraph (b) of subdivision one of section twenty-eight hundred seven-p
 of this article, funds shall be distributed pursuant to paragraph (a) of
 subdivision  one of section twenty-eight hundred seven-p of this article
 from the respective health care initiatives pools  or  the  health  care
 reform act (HCRA) resources fund, whichever is applicable.
   (l)  Funds  shall be reserved and accumulated from year to year by the
 commissioner and shall be  available,  including  income  from  invested
 funds, for transfer to and allocation  for services and expenses for the
 payment  of benefits to recipients of  drugs under the AIDS drug assist-
 ance program (ADAP) - HIV uninsured  care  program  as  administered  by
 Health  Research  Incorporated  from  the respective  health care initi-
 atives pools or the health care reform act (HCRA) resources fund, which-
 ever is applicable, established for the following periods in the follow-
 ing  percentage  amounts  of  funds  remaining  after   allocations   in
 accordance  with paragraphs (a) through (f) of this subdivision, and for
 periods on and after January  first,  two  thousand,  in  the  following
 amounts:
 S. 4007                            37                            A. 3007
 
   (i) from the pool for the period January first, nineteen hundred nine-
 ty-seven  through  December thirty-first, nineteen hundred ninety-seven,
 nine and fifty-two-hundredths percent;
   (ii)  from  the  pool  for  the period January first, nineteen hundred
 ninety-eight through December  thirty-first,  nineteen  hundred  ninety-
 eight, nine and fifty-two-hundredths percent;
   (iii)  from  the  pool  for the period January first, nineteen hundred
 ninety-nine and December  thirty-first,  nineteen  hundred  ninety-nine,
 nine and sixty-eight-hundredths percent;
   (iv) from the pool for the periods January first, two thousand through
 December  thirty-first,  two  thousand two, up to twelve million dollars
 annually, and for the period January first, two thousand  three  through
 December  thirty-first, two thousand three, up to forty million dollars;
 and
   (v) from the pool or the health care reform act (HCRA) resources fund,
 whichever is applicable, for the periods  January  first,  two  thousand
 four  through  December thirty-first, two thousand four, up to fifty-six
 million dollars, for the period January first, two thousand five through
 December thirty-first, two thousand six, up  to  sixty  million  dollars
 annually,  for  the  period  January  first,  two thousand seven through
 December thirty-first, two thousand ten, up  to  sixty  million  dollars
 annually,  for  the  period  January  first, two thousand eleven through
 March thirty-first, two thousand eleven, up to fifteen million  dollars,
 each  state  fiscal year for the period April first, two thousand eleven
 through March thirty-first,  two  thousand  fourteen,  up  to  forty-two
 million three hundred thousand dollars and up to forty-one million fifty
 thousand  dollars each state fiscal year for the period April first, two
 thousand fourteen through  March  thirty-first,  two  thousand  [twenty-
 three] TWENTY-SIX.
   (m)  Funds  shall  be  reserved  and accumulated from year to year and
 shall be available, including income from invested funds,  for  purposes
 of  distributions  pursuant  to  section twenty-eight hundred seven-r of
 this article for cancer related services from the respective health care
 initiatives pools or the health care reform act (HCRA)  resources  fund,
 whichever  is  applicable,  established for the following periods in the
 following percentage amounts of funds  remaining  after  allocations  in
 accordance  with paragraphs (a) through (f) of this subdivision, and for
 periods on and after January  first,  two  thousand,  in  the  following
 amounts:
   (i) from the pool for the period January first, nineteen hundred nine-
 ty-seven  through  December thirty-first, nineteen hundred ninety-seven,
 seven and ninety-four-hundredths percent;
   (ii) from the pool for the  period  January  first,  nineteen  hundred
 ninety-eight  through  December  thirty-first,  nineteen hundred ninety-
 eight, seven and ninety-four-hundredths percent;
   (iii) from the pool for the period  January  first,  nineteen  hundred
 ninety-nine and December thirty-first, nineteen hundred ninety-nine, six
 and forty-five-hundredths percent;
   (iv)  from the pool for the period January first, two thousand through
 December thirty-first, two thousand two, up to ten million dollars on an
 annual basis;
   (v) from the pool for the period January  first,  two  thousand  three
 through  December  thirty-first,  two thousand four, up to eight million
 nine hundred fifty thousand dollars on an annual basis;
   (vi) from the pool or the health  care  reform  act  (HCRA)  resources
 fund,  whichever  is applicable, for the period January first, two thou-
 S. 4007                            38                            A. 3007
 
 sand five through December thirty-first, two thousand  six,  up  to  ten
 million  fifty thousand dollars on an annual basis, for the period Janu-
 ary first, two thousand seven through December thirty-first,  two  thou-
 sand  ten,  up  to nineteen million dollars annually, and for the period
 January first, two thousand eleven through March thirty-first, two thou-
 sand eleven, up to four million seven hundred fifty thousand dollars.
   (n) Funds shall be accumulated and transferred from  the  health  care
 reform act (HCRA) resources fund as follows: for the period April first,
 two  thousand  seven through March thirty-first, two thousand eight, and
 on an annual basis for the  periods  April  first,  two  thousand  eight
 through  November  thirtieth,  two  thousand  nine, funds within amounts
 appropriated shall be transferred and  deposited  and  credited  to  the
 credit  of  the state special revenue funds - other, HCRA transfer fund,
 medical assistance account, for purposes of funding the state  share  of
 rate  adjustments  made  to public and voluntary hospitals in accordance
 with paragraphs (i) and (j) of subdivision one of  section  twenty-eight
 hundred seven-c of this article.
   2.  Notwithstanding  any  inconsistent provision of law, rule or regu-
 lation, any funds accumulated  in  the  health  care  initiatives  pools
 pursuant  to  paragraph  (b) of subdivision nine of section twenty-eight
 hundred seven-j of this article, as a result of surcharges,  assessments
 or  other obligations during the periods January first, nineteen hundred
 ninety-seven through December  thirty-first,  nineteen  hundred  ninety-
 nine, which are unused or uncommitted for distributions pursuant to this
 section  shall  be  reserved  and  accumulated  from year to year by the
 commissioner and, within amounts appropriated, transferred and deposited
 into the special revenue funds - other,  miscellaneous  special  revenue
 fund  -  339,  child  health  insurance account or any successor fund or
 account, for purposes of distributions to  implement  the  child  health
 insurance  program  established pursuant to sections twenty-five hundred
 ten and twenty-five hundred eleven of this chapter for  periods  on  and
 after January first, two thousand one; provided, however, funds reserved
 and  accumulated  for  priority  distributions  pursuant to subparagraph
 (iii) of paragraph (c) of subdivision one of this section shall  not  be
 transferred  and  deposited  into such account pursuant to this subdivi-
 sion; and provided further, however, that any unused or uncommitted pool
 funds accumulated and allocated pursuant to paragraph (j) of subdivision
 one of this section shall be distributed  for  purposes  of  the  health
 information and quality improvement act of 2000.
   3.  Revenue  from  distributions pursuant to this section shall not be
 included in gross revenue  received  for  purposes  of  the  assessments
 pursuant to subdivision eighteen of section twenty-eight hundred seven-c
 of  this article, subject to the provisions of paragraph (e) of subdivi-
 sion eighteen of section twenty-eight hundred seven-c of  this  article,
 and  shall not be included in gross revenue received for purposes of the
 assessments pursuant to section twenty-eight  hundred  seven-d  of  this
 article,  subject  to  the  provisions  of subdivision twelve of section
 twenty-eight hundred seven-d of this article.
   § 6. Subdivision 5-a of section 2807-m of the public  health  law,  as
 amended  by  section  6  of part Y of chapter 56 of the laws of 2020, is
 amended to read as follows:
   5-a. Graduate medical education  innovations  pool.  (a)  Supplemental
 distributions.  (i)  Thirty-one  million  dollars for the period January
 first, two thousand eight through December  thirty-first,  two  thousand
 eight,  shall  be  set  aside  and reserved by the commissioner from the
 regional pools established pursuant to subdivision two of  this  section
 S. 4007                            39                            A. 3007
 
 and shall be available for distributions pursuant to subdivision five of
 this  section  and in accordance with section 86-1.89 of title 10 of the
 codes, rules and regulations of the state of New York as  in  effect  on
 January  first,  two  thousand eight; provided, however, for purposes of
 funding the empire clinical research investigation  program  (ECRIP)  in
 accordance  with paragraph eight of subdivision (e) and paragraph two of
 subdivision (f) of section 86-1.89 of title 10 of the codes,  rules  and
 regulations  of the state of New York, distributions shall be made using
 two regions defined as New York city and the rest of the state  and  the
 dollar amount set forth in subparagraph (i) of paragraph two of subdivi-
 sion  (f)  of  section 86-1.89 of title 10 of the codes, rules and regu-
 lations of the state of New York shall be increased from sixty  thousand
 dollars to seventy-five thousand dollars.
   (ii)  For  periods  on  and  after  January  first, two thousand nine,
 supplemental distributions pursuant to subdivision five of this  section
 and  in  accordance with section 86-1.89 of title 10 of the codes, rules
 and regulations of the state of New York shall no longer be made and the
 provisions of section 86-1.89 of title 10 of the codes, rules and  regu-
 lations of the state of New York shall be null and void.
   (b)  Empire  clinical  research  investigator  program  (ECRIP).  Nine
 million one hundred twenty thousand  dollars  annually  for  the  period
 January  first,  two  thousand  nine  through December thirty-first, two
 thousand ten, and two million two hundred eighty  thousand  dollars  for
 the  period  January  first,  two thousand eleven, through March thirty-
 first, two thousand eleven, nine million  one  hundred  twenty  thousand
 dollars  each state fiscal year for the period April first, two thousand
 eleven through March thirty-first, two thousand fourteen,  up  to  eight
 million  six  hundred twelve thousand dollars each state fiscal year for
 the period April first, two  thousand  fourteen  through  March  thirty-
 first,  two  thousand  seventeen, up to eight million six hundred twelve
 thousand dollars each state fiscal year for the period April first,  two
 thousand  seventeen  through  March  thirty-first,  two thousand twenty,
 [and] up to eight million six hundred twelve thousand dollars each state
 fiscal year for the period April  first,  two  thousand  twenty  through
 March  thirty-first,  two thousand twenty-three, AND UP TO EIGHT MILLION
 SIX HUNDRED TWELVE THOUSAND DOLLARS EACH STATE FISCAL YEAR FOR THE PERI-
 OD APRIL FIRST, TWO THOUSAND TWENTY-THREE  THROUGH  MARCH  THIRTY-FIRST,
 TWO  THOUSAND TWENTY-SIX, shall be set aside and reserved by the commis-
 sioner from the regional pools established pursuant to  subdivision  two
 of this section to be allocated regionally with two-thirds of the avail-
 able funding going to New York city and one-third of the available fund-
 ing  going  to the rest of the state and shall be available for distrib-
 ution as follows:
   Distributions shall first be made to consortia  and  teaching  general
 hospitals  for the empire clinical research investigator program (ECRIP)
 to help secure federal funding for biomedical research,  train  clinical
 researchers,  recruit national leaders as faculty to act as mentors, and
 train residents and fellows  in  biomedical  research  skills  based  on
 hospital-specific  data  submitted  to the commissioner by consortia and
 teaching general hospitals in accordance with clause (G) of this subpar-
 agraph. Such distributions shall be made in accordance with the  follow-
 ing methodology:
   (A)  The  greatest  number  of clinical research positions for which a
 consortium or teaching general hospital may be funded pursuant  to  this
 subparagraph  shall  be  one  percent  of  the total number of residents
 training at the consortium or teaching general hospital on  July  first,
 S. 4007                            40                            A. 3007
 
 two  thousand  eight  for  the  period  January first, two thousand nine
 through December thirty-first, two thousand nine rounded up to the near-
 est one position.
   (B)  Distributions  made  to a consortium or teaching general hospital
 shall equal the product of the total number of clinical  research  posi-
 tions  submitted  by  a  consortium  or  teaching  general  hospital and
 accepted by the commissioner as meeting the criteria set forth in  para-
 graph  (b)  of subdivision one of this section, subject to the reduction
 calculation set forth in clause (C)  of  this  subparagraph,  times  one
 hundred ten thousand dollars.
   (C)  If  the  dollar  amount for the total number of clinical research
 positions in the region  calculated  pursuant  to  clause  (B)  of  this
 subparagraph  exceeds the total amount appropriated for purposes of this
 paragraph, including clinical research positions that continue from  and
 were funded in prior distribution periods, the commissioner shall elimi-
 nate  one-half  of  the  clinical  research  positions submitted by each
 consortium or teaching general hospital rounded down to the nearest  one
 position.  Such  reduction shall be repeated until the dollar amount for
 the total number of clinical research positions in the region  does  not
 exceed  the total amount appropriated for purposes of this paragraph. If
 the repeated reduction of the total number of  clinical  research  posi-
 tions  in  the region by one-half does not render a total funding amount
 that is equal to or less than the total amount reserved for that  region
 within  the  appropriation, the funding for each clinical research posi-
 tion in that region shall be  reduced  proportionally  in  one  thousand
 dollar  increments until the total dollar amount for the total number of
 clinical research positions in that region does  not  exceed  the  total
 amount  reserved for that region within the appropriation. Any reduction
 in funding will be effective for the duration of the award. No  clinical
 research  positions that continue from and were funded in prior distrib-
 ution periods shall be eliminated or reduced by such methodology.
   (D) Each consortium or teaching general  hospital  shall  receive  its
 annual distribution amount in accordance with the following:
   (I) Each consortium or teaching general hospital with a one-year ECRIP
 award  shall  receive  its  annual  distribution  amount  in  full  upon
 completion of the requirements set forth in items (I) and (II) of clause
 (G) of this subparagraph. The requirements set forth in items  (IV)  and
 (V)  of clause (G) of this subparagraph must be completed by the consor-
 tium or teaching general hospital in order for the consortium or  teach-
 ing  general  hospital  to be eligible to apply for ECRIP funding in any
 subsequent funding cycle.
   (II) Each consortium or teaching  general  hospital  with  a  two-year
 ECRIP  award  shall receive its first annual distribution amount in full
 upon completion of the requirements set forth in items (I) and  (II)  of
 clause  (G)  of  this  subparagraph. Each consortium or teaching general
 hospital will receive its second annual distribution amount in full upon
 completion of the requirements set forth in item (III) of clause (G)  of
 this  subparagraph.  The requirements set forth in items (IV) and (V) of
 clause (G) of this subparagraph must be completed by the  consortium  or
 teaching general hospital in order for the consortium or teaching gener-
 al  hospital to be eligible to apply for ECRIP funding in any subsequent
 funding cycle.
   (E) Each consortium or teaching general  hospital  receiving  distrib-
 utions pursuant to this subparagraph shall reserve seventy-five thousand
 dollars  to  primarily  fund  salary and fringe benefits of the clinical
 research position with the remainder going to fund  the  development  of
 S. 4007                            41                            A. 3007
 
 faculty  who  are involved in biomedical research, training and clinical
 care.
   (F)  Undistributed  or  returned  funds  available  to  fund  clinical
 research positions pursuant to this paragraph for a distribution  period
 shall  be  available to fund clinical research positions in a subsequent
 distribution period.
   (G) In order to be eligible for distributions pursuant to this subpar-
 agraph, each consortium and teaching general hospital shall  provide  to
 the  commissioner by July first of each distribution period, the follow-
 ing data and information on a hospital-specific  basis.  Such  data  and
 information  shall  be  certified as to accuracy and completeness by the
 chief executive officer, chief financial officer or chair of the consor-
 tium governing body of each consortium or teaching general hospital  and
 shall be maintained by each consortium and teaching general hospital for
 five years from the date of submission:
   (I)  For  each  clinical  research  position, information on the type,
 scope, training objectives,  institutional  support,  clinical  research
 experience of the sponsor-mentor, plans for submitting research outcomes
 to  peer reviewed journals and at scientific meetings, including a meet-
 ing sponsored by the department, the name of a principal contact  person
 responsible for tracking the career development of researchers placed in
 clinical  research positions, as defined in paragraph (c) of subdivision
 one of this section, and who is authorized to certify to the commission-
 er that all the requirements of the clinical  research  training  objec-
 tives  set  forth  in this subparagraph shall be met. Such certification
 shall be provided by July first of each distribution period;
   (II) For each clinical research position,  information  on  the  name,
 citizenship  status, medical education and training, and medical license
 number of the researcher, if applicable, shall be provided  by  December
 thirty-first of the calendar year following the distribution period;
   (III)  Information on the status of the clinical research plan, accom-
 plishments, changes in research activities, progress, and performance of
 the researcher shall be provided upon  completion  of  one-half  of  the
 award term;
   (IV)  A  final report detailing training experiences, accomplishments,
 activities and performance of the clinical researcher, and  data,  meth-
 ods,  results  and  analyses  of  the  clinical  research  plan shall be
 provided three months after the clinical research position ends; and
   (V) Tracking information concerning past  researchers,  including  but
 not  limited  to (A) background information, (B) employment history, (C)
 research status, (D) current research activities, (E)  publications  and
 presentations,  (F)  research  support,  and  (G)  any other information
 necessary to track the researcher; and
   (VI) Any other data or information required  by  the  commissioner  to
 implement this subparagraph.
   (H)  Notwithstanding  any  inconsistent provision of this subdivision,
 for periods on and after April first, two thousand thirteen, ECRIP grant
 awards shall be made in accordance with rules and regulations promulgat-
 ed by the commissioner. Such regulations shall, at a minimum:
   (1) provide that ECRIP grant awards shall be made with  the  objective
 of  securing  federal funding for biomedical research, training clinical
 researchers, recruiting national leaders as faculty to act  as  mentors,
 and training residents and fellows in biomedical research skills;
   (2)  provide that ECRIP grant applicants may include interdisciplinary
 research teams comprised of teaching general hospitals acting in collab-
 S. 4007                            42                            A. 3007
 
 oration with entities including but  not  limited  to  medical  centers,
 hospitals, universities and local health departments;
   (3) provide that applications for ECRIP grant awards shall be based on
 such  information requested by the commissioner, which shall include but
 not be limited to hospital-specific data;
   (4) establish the qualifications for  investigators  and  other  staff
 required for grant projects eligible for ECRIP grant awards; and
   (5)  establish a methodology for the distribution of funds under ECRIP
 grant awards.
   (c) Physician loan repayment program. One million nine  hundred  sixty
 thousand  dollars  for  the  period  January  first,  two thousand eight
 through December thirty-first, two  thousand  eight,  one  million  nine
 hundred  sixty  thousand dollars for the period January first, two thou-
 sand nine through December thirty-first, two thousand nine, one  million
 nine  hundred  sixty  thousand dollars for the period January first, two
 thousand ten through  December  thirty-first,  two  thousand  ten,  four
 hundred  ninety thousand dollars for the period January first, two thou-
 sand eleven through March thirty-first, two thousand eleven, one million
 seven hundred thousand dollars each state fiscal  year  for  the  period
 April  first,  two thousand eleven through March thirty-first, two thou-
 sand fourteen, up to one million seven  hundred  five  thousand  dollars
 each state fiscal year for the period April first, two thousand fourteen
 through  March  thirty-first,  two thousand seventeen, up to one million
 seven hundred five thousand dollars each state fiscal year for the peri-
 od April first, two thousand seventeen through March  thirty-first,  two
 thousand  twenty,  [and]  up  to one million seven hundred five thousand
 dollars each state fiscal year for the period April first, two  thousand
 twenty  through March thirty-first, two thousand twenty-three, AND UP TO
 ONE MILLION SEVEN HUNDRED FIVE THOUSAND DOLLARS EACH STATE  FISCAL  YEAR
 FOR  THE  PERIOD  APRIL  FIRST,  TWO THOUSAND TWENTY-THREE THROUGH MARCH
 THIRTY-FIRST, TWO THOUSAND TWENTY-SIX, shall be set aside  and  reserved
 by  the  commissioner  from  the  regional pools established pursuant to
 subdivision two of this section and shall be available for  purposes  of
 physician  loan  repayment  in  accordance  with subdivision ten of this
 section.  Notwithstanding  any  contrary  provision  of  this   section,
 sections  one  hundred  twelve  and one hundred sixty-three of the state
 finance law, or any other contrary provision of law, such funding  shall
 be  allocated  regionally with one-third of available funds going to New
 York city and two-thirds of available funds going to  the  rest  of  the
 state  and  shall  be  distributed  in  a manner to be determined by the
 commissioner without a competitive bid or request for  proposal  process
 as follows:
   (i) Funding shall first be awarded to repay loans of up to twenty-five
 physicians  who  train  in  primary care or specialty tracks in teaching
 general hospitals, and who enter and remain in primary care or specialty
 practices in underserved communities, as determined by the commissioner.
   (ii) After distributions in accordance with subparagraph (i)  of  this
 paragraph, all remaining funds shall be awarded to repay loans of physi-
 cians  who  enter  and  remain in primary care or specialty practices in
 underserved communities, as determined by  the  commissioner,  including
 but  not  limited  to  physicians working in general hospitals, or other
 health care facilities.
   (iii) In no case shall less than fifty percent of the funds  available
 pursuant  to  this  paragraph be distributed in accordance with subpara-
 graphs (i) and (ii) of this paragraph to physicians identified by gener-
 al hospitals.
 S. 4007                            43                            A. 3007
 
   (iv) In addition to the funds allocated under this paragraph, for  the
 period April first, two thousand fifteen through March thirty-first, two
 thousand  sixteen,  two  million  dollars  shall  be  available  for the
 purposes described in subdivision ten of this section;
   (v)  In  addition to the funds allocated under this paragraph, for the
 period April first, two thousand sixteen through March thirty-first, two
 thousand seventeen, two million  dollars  shall  be  available  for  the
 purposes described in subdivision ten of this section;
   (vi) Notwithstanding any provision of law to the contrary, and subject
 to the extension of the Health Care Reform Act of 1996, sufficient funds
 shall be available for the purposes described in subdivision ten of this
 section  in amounts necessary to fund the remaining year commitments for
 awards made pursuant to subparagraphs (iv) and (v) of this paragraph.
   (d) Physician practice support. Four  million  nine  hundred  thousand
 dollars  for the period January first, two thousand eight through Decem-
 ber thirty-first, two thousand eight, four million nine hundred thousand
 dollars annually for the period January first, two thousand nine through
 December thirty-first, two thousand ten, one million two  hundred  twen-
 ty-five  thousand  dollars  for  the  period January first, two thousand
 eleven through March thirty-first, two  thousand  eleven,  four  million
 three  hundred  thousand  dollars  each state fiscal year for the period
 April first, two thousand eleven through March thirty-first,  two  thou-
 sand  fourteen,  up to four million three hundred sixty thousand dollars
 each state fiscal year for the period April first, two thousand fourteen
 through March thirty-first, two thousand seventeen, up to  four  million
 three  hundred sixty thousand dollars for each state fiscal year for the
 period April first, two thousand seventeen through  March  thirty-first,
 two  thousand twenty, [and] up to four million three hundred sixty thou-
 sand dollars for each fiscal year for the period April first, two  thou-
 sand  twenty  through March thirty-first, two thousand twenty-three, AND
 UP TO FOUR MILLION THREE HUNDRED SIXTY THOUSAND DOLLARS FOR EACH  FISCAL
 YEAR FOR THE PERIOD APRIL FIRST, TWO THOUSAND TWENTY-THREE THROUGH MARCH
 THIRTY-FIRST,  TWO  THOUSAND TWENTY-SIX, shall be set aside and reserved
 by the commissioner from the  regional  pools  established  pursuant  to
 subdivision  two  of this section and shall be available for purposes of
 physician practice support. Notwithstanding any  contrary  provision  of
 this section, sections one hundred twelve and one hundred sixty-three of
 the  state  finance  law,  or  any other contrary provision of law, such
 funding shall be allocated regionally with one-third of available  funds
 going  to  New  York city and two-thirds of available funds going to the
 rest of the state and shall be distributed in a manner to be  determined
 by  the  commissioner  without a competitive bid or request for proposal
 process as follows:
   (i) Preference in funding shall first be accorded to teaching  general
 hospitals  for  up  to  twenty-five awards, to support costs incurred by
 physicians trained in primary or specialty tracks who thereafter  estab-
 lish  or join practices in underserved communities, as determined by the
 commissioner.
   (ii) After distributions in accordance with subparagraph (i)  of  this
 paragraph, all remaining funds shall be awarded to physicians to support
 the  cost  of  establishing or joining practices in underserved communi-
 ties, as determined by the commissioner,  and  to  hospitals  and  other
 health  care  providers to recruit new physicians to provide services in
 underserved communities, as determined by the commissioner.
 S. 4007                            44                            A. 3007
 
   (iii) In no case shall less than fifty percent of the funds  available
 pursuant  to  this  paragraph  be  distributed  to  general hospitals in
 accordance with subparagraphs (i) and (ii) of this paragraph.
   (e)  Work  group.  For  funding  available  pursuant to paragraphs (c)
 [and], (d) AND (e) of this subdivision:
   (i) The department shall appoint a  work  group  from  recommendations
 made  by  associations  representing  physicians,  general hospitals and
 other health care facilities to develop a streamlined application  proc-
 ess by June first, two thousand twelve.
   (ii) Subject to available funding, applications shall be accepted on a
 continuous  basis.  The department shall provide technical assistance to
 applicants to facilitate their completion of applications. An  applicant
 shall  be  notified  in  writing  by  the  department within ten days of
 receipt of an application as to whether the application is complete  and
 if  the  application is incomplete, what information is outstanding. The
 department shall act on an application within thirty days of receipt  of
 a complete application.
   (f) Study on physician workforce. Five hundred ninety thousand dollars
 annually for the period January first, two thousand eight through Decem-
 ber  thirty-first,  two  thousand  ten, one hundred forty-eight thousand
 dollars for the period January first, two thousand eleven through  March
 thirty-first, two thousand eleven, five hundred sixteen thousand dollars
 each  state  fiscal year for the period April first, two thousand eleven
 through March thirty-first, two thousand fourteen, up  to  four  hundred
 eighty-seven  thousand  dollars  each  state  fiscal year for the period
 April first, two thousand fourteen through March thirty-first, two thou-
 sand seventeen, up to four hundred  eighty-seven  thousand  dollars  for
 each  state  fiscal year for the period April first, two thousand seven-
 teen through March thirty-first, two thousand twenty, [and] up  to  four
 hundred  eighty-seven  thousand  dollars  each state fiscal year for the
 period April first, two thousand twenty through March thirty-first,  two
 thousand  twenty-three,  AND  UP  TO  FOUR HUNDRED EIGHTY-SEVEN THOUSAND
 DOLLARS EACH STATE FISCAL YEAR FOR THE PERIOD APRIL FIRST, TWO  THOUSAND
 TWENTY-THREE  THROUGH MARCH THIRTY-FIRST, TWO THOUSAND TWENTY-SIX, shall
 be set aside and reserved by the commissioner from  the  regional  pools
 established  pursuant  to  subdivision  two of this section and shall be
 available to fund a study of physician  workforce  needs  and  solutions
 including,  but  not  limited  to, an analysis of residency programs and
 projected physician workforce  and  community  needs.  The  commissioner
 shall  enter  into  agreements with one or more organizations to conduct
 such study based on a request for proposal process.
   (g) Diversity in medicine/post-baccalaureate program.  Notwithstanding
 any  inconsistent provision of section one hundred twelve or one hundred
 sixty-three of the state finance law or any other law, one million  nine
 hundred  sixty  thousand  dollars annually for the period January first,
 two thousand eight through December thirty-first, two thousand ten, four
 hundred ninety thousand dollars for the period January first, two  thou-
 sand eleven through March thirty-first, two thousand eleven, one million
 seven  hundred  thousand  dollars  each state fiscal year for the period
 April first, two thousand eleven through March thirty-first,  two  thou-
 sand  fourteen, up to one million six hundred five thousand dollars each
 state fiscal year for the period  April  first,  two  thousand  fourteen
 through  March  thirty-first,  two thousand seventeen, up to one million
 six hundred five thousand dollars each state fiscal year for the  period
 April  first,  two  thousand  seventeen  through March thirty-first, two
 thousand twenty, [and] up to  one  million  six  hundred  five  thousand
 S. 4007                            45                            A. 3007
 
 dollars  each state fiscal year for the period April first, two thousand
 twenty through March thirty-first, two thousand twenty-three, AND UP  TO
 ONE MILLION SIX HUNDRED FIVE THOUSAND DOLLARS EACH STATE FISCAL YEAR FOR
 THE  PERIOD APRIL FIRST, TWO THOUSAND TWENTY-THREE THROUGH MARCH THIRTY-
 FIRST, TWO THOUSAND TWENTY-SIX, shall be set aside and reserved  by  the
 commissioner from the regional pools established pursuant to subdivision
 two  of  this  section  and  shall be available for distributions to the
 Associated Medical Schools of New York to  fund  its  diversity  program
 including  existing and new post-baccalaureate programs for minority and
 economically disadvantaged students and encourage participation from all
 medical schools in New York. The associated medical schools of New  York
 shall report to the commissioner on an annual basis regarding the use of
 funds  for  such  purpose  in  such  form and manner as specified by the
 commissioner.
   (h) In the event there are undistributed  funds  within  amounts  made
 available for distributions pursuant to this subdivision, such funds may
 be  reallocated  and  distributed  in current or subsequent distribution
 periods in a manner determined by the commissioner for any  purpose  set
 forth in this subdivision.
   §  7.  Subdivision  4-c of section 2807-p of the public health law, as
 amended by section 10 of part Y of chapter 56 of the laws  of  2020,  is
 amended to read as follows:
   4-c. Notwithstanding any provision of law to the contrary, the commis-
 sioner  shall  make additional payments for uncompensated care to volun-
 tary non-profit diagnostic and treatment centers that are  eligible  for
 distributions  under  subdivision  four of this section in the following
 amounts: for the period June first, two thousand  six  through  December
 thirty-first,  two  thousand  six,  in  the amount of seven million five
 hundred thousand dollars, for the period  January  first,  two  thousand
 seven  through  December thirty-first, two thousand seven, seven million
 five hundred thousand dollars, for the period January first,  two  thou-
 sand  eight  through  December  thirty-first,  two thousand eight, seven
 million five hundred thousand dollars, for the period January first, two
 thousand nine through December thirty-first, two thousand nine,  fifteen
 million five hundred thousand dollars, for the period January first, two
 thousand  ten  through  December  thirty-first,  two thousand ten, seven
 million five hundred thousand dollars, for the period January first, two
 thousand eleven though December thirty-first, two thousand eleven, seven
 million five hundred thousand dollars, for the period January first, two
 thousand twelve through  December  thirty-first,  two  thousand  twelve,
 seven  million  five  hundred  thousand  dollars, for the period January
 first, two thousand thirteen through December thirty-first, two thousand
 thirteen, seven million five hundred thousand dollars,  for  the  period
 January  first, two thousand fourteen through December thirty-first, two
 thousand fourteen, seven million five hundred thousand dollars, for  the
 period  January  first,  two  thousand  fifteen through December thirty-
 first,  two  thousand  fifteen,  seven  million  five  hundred  thousand
 dollars,  for  the  period  January  first  two thousand sixteen through
 December thirty-first, two thousand sixteen, seven million five  hundred
 thousand  dollars,  for the period January first, two thousand seventeen
 through December thirty-first, two  thousand  seventeen,  seven  million
 five  hundred  thousand dollars, for the period January first, two thou-
 sand eighteen through  December  thirty-first,  two  thousand  eighteen,
 seven  million  five  hundred  thousand  dollars, for the period January
 first, two thousand nineteen through December thirty-first, two thousand
 nineteen, seven million five hundred thousand dollars,  for  the  period
 S. 4007                            46                            A. 3007
 
 January  first,  two  thousand twenty through December thirty-first, two
 thousand twenty, seven million five hundred thousand  dollars,  for  the
 period  January  first, two thousand twenty-one through December thirty-
 first,  two  thousand  twenty-one,  seven  million five hundred thousand
 dollars, for the period January first, two thousand  twenty-two  through
 December  thirty-first,  two  thousand  twenty-two,  seven  million five
 hundred thousand dollars, FOR THE PERIOD  JANUARY  FIRST,  TWO  THOUSAND
 TWENTY-THREE  THROUGH  DECEMBER THIRTY-FIRST, TWO THOUSAND TWENTY-THREE,
 SEVEN MILLION FIVE HUNDRED THOUSAND  DOLLARS,  FOR  THE  PERIOD  JANUARY
 FIRST, TWO THOUSAND TWENTY-FOUR THROUGH DECEMBER THIRTY-FIRST, TWO THOU-
 SAND  TWENTY-FOUR,  SEVEN MILLION FIVE HUNDRED THOUSAND DOLLARS, FOR THE
 PERIOD JANUARY FIRST, TWO THOUSAND TWENTY-FIVE THROUGH DECEMBER  THIRTY-
 FIRST,  TWO  THOUSAND  TWENTY-FIVE,  SEVEN MILLION FIVE HUNDRED THOUSAND
 DOLLARS, and for the period January first, two  thousand  [twenty-three]
 TWENTY-SIX through March thirty-first, two thousand [twenty-three] TWEN-
 TY-SIX,  in  the  amount  of  one  million six hundred thousand dollars,
 provided, however, that for periods on  and  after  January  first,  two
 thousand  eight, such additional payments shall be distributed to volun-
 tary, non-profit diagnostic and treatment centers and to public diagnos-
 tic and treatment centers in accordance with paragraph (g)  of  subdivi-
 sion  four  of  this  section.  In  the  event  that  federal  financial
 participation  is  available  for  rate  adjustments  pursuant  to  this
 section, the commissioner shall make such payments as additional adjust-
 ments to rates of payment for voluntary non-profit diagnostic and treat-
 ment  centers  that  are  eligible  for  distributions under subdivision
 four-a of this section in the following amounts:  for  the  period  June
 first, two thousand six through December thirty-first, two thousand six,
 fifteen  million  dollars  in  the aggregate, and for the period January
 first, two thousand seven through June thirtieth,  two  thousand  seven,
 seven  million  five  hundred  thousand  dollars  in  the aggregate. The
 amounts allocated pursuant to this paragraph shall  be  aggregated  with
 and  distributed  pursuant  to  the  same  methodology applicable to the
 amounts allocated to such diagnostic  and  treatment  centers  for  such
 periods  pursuant  to subdivision four of this section if federal finan-
 cial participation is not available, or pursuant to  subdivision  four-a
 of  this  section  if  federal  financial  participation  is  available.
 Notwithstanding  section  three  hundred  sixty-eight-a  of  the  social
 services  law,  there  shall  be  no local share in a medical assistance
 payment adjustment under this subdivision.
   § 8. Subparagraph (xv) of paragraph (a) of subdivision  6  of  section
 2807-s  of  the public health law, as amended by section 11 of part Y of
 chapter 56 of the laws of 2020, is amended and a new subparagraph  (xvi)
 is added to read as follows:
   (xv) A gross annual statewide amount for the period January first, two
 thousand  fifteen  through  December thirty-first, two thousand [twenty-
 three] TWENTY-TWO, shall be one billion forty-five million dollars.
   (XVI) A GROSS ANNUAL STATEWIDE AMOUNT FOR THE  PERIOD  JANUARY  FIRST,
 TWO  THOUSAND  TWENTY-THREE TO DECEMBER THIRTY-FIRST, TWO THOUSAND TWEN-
 TY-SIX SHALL BE ONE BILLION EIGHTY-FIVE MILLION DOLLARS,  FORTY  MILLION
 DOLLARS  ANNUALLY OF WHICH SHALL BE ALLOCATED UNDER SECTION TWENTY-EIGHT
 HUNDRED SEVEN-O OF THIS ARTICLE AMONG  THE  MUNICIPALITIES  OF  AND  THE
 STATE  OF  NEW  YORK  BASED ON EACH MUNICIPALITY'S SHARE AND THE STATE'S
 SHARE OF EARLY INTERVENTION PROGRAM EXPENDITURES NOT REIMBURSABLE BY THE
 MEDICAL ASSISTANCE PROGRAM FOR THE LATEST TWELVE MONTH PERIOD FOR  WHICH
 SUCH DATA IS AVAILABLE.
 S. 4007                            47                            A. 3007
 
   §  9.  Paragraph  (g) of subdivision 6 of section 2807-s of the public
 health law, as added by chapter 820 of the laws of 2021, is  amended  to
 read as follows:
   (g)  A  further  gross  statewide amount for the state fiscal year two
 thousand twenty-two [and each state fiscal  year  thereafter]  shall  be
 forty million dollars.
   § 10. Subparagraph (xiii) of paragraph (a) of subdivision 7 of section
 2807-s  of  the public health law, as amended by section 12 of part Y of
 chapter 56 of the laws of 2020, is amended to read as follows:
   (xiii) twenty-three million eight hundred thirty-six thousand  dollars
 each  state  fiscal year for the period April first, two thousand twelve
 through March thirty-first, two thousand [twenty-three] TWENTY-SIX;
   § 11. Subdivision 6 of section 2807-t of the  public  health  law,  as
 amended  by  section  13 of part Y of chapter 56 of the laws of 2020, is
 amended to read as follows:
   6. Prospective adjustments. (a) The commissioner shall annually recon-
 cile the sum of the actual payments made  to  the  commissioner  or  the
 commissioner's designee for each region pursuant to section twenty-eight
 hundred  seven-s  of  this  article and pursuant to this section for the
 prior year with the regional allocation of the  gross  annual  statewide
 amount  specified  in  subdivision  six  of section twenty-eight hundred
 seven-s of this article for such prior year. The difference between  the
 actual  amount  raised  for  a region and the regional allocation of the
 specified gross annual amount for such prior year shall be applied as  a
 prospective adjustment to the regional allocation of the specified gross
 annual  payment  amount  for such region for the year next following the
 calculation of the reconciliation. The authorized dollar  value  of  the
 adjustments shall be the same as if calculated retrospectively.
   (b)  Notwithstanding  the provisions of paragraph (a) of this subdivi-
 sion, for covered lives assessment rate periods  on  and  after  January
 first,  two thousand fifteen through December thirty-first, two thousand
 [twenty-three] TWENTY-ONE, for amounts collected  in  the  aggregate  in
 excess of one billion forty-five million dollars on an annual basis, AND
 FOR  THE PERIOD JANUARY FIRST, TWO THOUSAND TWENTY-TWO TO DECEMBER THIR-
 TY-FIRST, TWO THOUSAND TWENTY-SIX FOR AMOUNTS COLLECTED IN THE AGGREGATE
 IN EXCESS OF ONE BILLION EIGHTY-FIVE MILLION DOLLARS ON AN ANNUAL BASIS,
 prospective adjustments shall be suspended if the annual  reconciliation
 calculation  from the prior year would otherwise result in a decrease to
 the regional allocation of the specified gross annual payment amount for
 that region, provided, however, that such  suspension  shall  be  lifted
 upon  a  determination  by  the  commissioner,  in consultation with the
 director of the budget, that sixty-five  million  dollars  in  aggregate
 collections  on  an  annual  basis over and above one billion forty-five
 million dollars on an annual basis FOR THE PERIOD ON AND  AFTER  JANUARY
 FIRST,  TWO THOUSAND FIFTEEN THROUGH DECEMBER THIRTY-FIRST, TWO THOUSAND
 TWENTY-ONE AND FOR THE PERIOD JANUARY FIRST, TWO THOUSAND TWENTY-TWO  TO
 DECEMBER  THIRTY-FIRST, TWO THOUSAND TWENTY-SIX FOR AMOUNTS COLLECTED IN
 THE AGGREGATE IN EXCESS OF ONE BILLION EIGHTY-FIVE MILLION DOLLARS ON AN
 ANNUAL BASIS have been reserved and set aside for deposit  in  the  HCRA
 resources  fund.  Any amounts collected in the aggregate at or below one
 billion forty-five million dollars on an annual basis FOR THE PERIOD  ON
 AND  AFTER  JANUARY FIRST, TWO THOUSAND FIFTEEN THROUGH DECEMBER THIRTY-
 FIRST, TWO THOUSAND TWENTY-TWO,  AND FOR THE PERIOD JANUARY  FIRST,  TWO
 THOUSAND  TWENTY-THREE TO DECEMBER THIRTY-FIRST, TWO THOUSAND TWENTY-SIX
 FOR AMOUNTS COLLECTED IN THE AGGREGATE IN EXCESS OF ONE BILLION  EIGHTY-
 FIVE  MILLION  DOLLARS  ON AN ANNUAL BASIS, shall be subject to regional
 S. 4007                            48                            A. 3007
 
 adjustments reconciling any decreases or increases to the regional allo-
 cation in accordance with paragraph (a) of this subdivision.
   §  12.  Section 2807-v of the public health law, as amended by section
 14 of part Y of chapter 56 of the laws of 2020, is amended  to  read  as
 follows:
   § 2807-v. Tobacco  control  and  insurance  initiatives  pool distrib-
 utions.   1. Funds accumulated in  the  tobacco  control  and  insurance
 initiatives  pool or in the health care reform act (HCRA) resources fund
 established pursuant to section ninety-two-dd of the state finance  law,
 whichever  is applicable, including income from invested funds, shall be
 distributed or retained by the commissioner or by the state comptroller,
 as applicable, in accordance with the following:
   (a) Funds shall be  deposited  by  the  commissioner,  within  amounts
 appropriated,  and  the  state  comptroller  is  hereby  authorized  and
 directed to receive for deposit to  the  credit  of  the  state  special
 revenue  funds  -  other, HCRA transfer fund, medicaid fraud hotline and
 medicaid administration account, or any successor fund or  account,  for
 purposes  of  services  and  expenses  related to the toll-free medicaid
 fraud hotline established pursuant to section one hundred eight of chap-
 ter one of the laws of nineteen hundred  ninety-nine  from  the  tobacco
 control  and  insurance  initiatives  pool established for the following
 periods in the following amounts: four hundred thousand dollars annually
 for the periods January first, two  thousand  through  December  thirty-
 first,  two  thousand  two,  up to four hundred thousand dollars for the
 period January first, two thousand three through December  thirty-first,
 two  thousand  three, up to four hundred thousand dollars for the period
 January first, two thousand  four  through  December  thirty-first,  two
 thousand  four, up to four hundred thousand dollars for the period Janu-
 ary first, two thousand five through December thirty-first, two thousand
 five, up to four hundred thousand dollars for the period January  first,
 two  thousand six through December thirty-first, two thousand six, up to
 four hundred thousand dollars for the period January first, two thousand
 seven through December thirty-first, two  thousand  seven,  up  to  four
 hundred  thousand  dollars  for  the  period January first, two thousand
 eight through December thirty-first, two  thousand  eight,  up  to  four
 hundred thousand dollars for the period January first, two thousand nine
 through  December  thirty-first,  two  thousand nine, up to four hundred
 thousand dollars for the period January first, two thousand ten  through
 December  thirty-first,  two  thousand  ten,  up to one hundred thousand
 dollars for the period January first, two thousand eleven through  March
 thirty-first, two thousand eleven and within amounts appropriated on and
 after April first, two thousand eleven.
   (b)  Funds  shall  be  reserved  and accumulated from year to year and
 shall be available, including income from invested funds,  for  purposes
 of payment of audits or audit contracts necessary to determine payor and
 provider compliance with requirements set forth in sections twenty-eight
 hundred  seven-j,  twenty-eight hundred seven-s and twenty-eight hundred
 seven-t of this article from the tobacco control  and  insurance  initi-
 atives  pool  established  for  the  following  periods in the following
 amounts: five million six hundred  thousand  dollars  annually  for  the
 periods  January  first, two thousand through December thirty-first, two
 thousand two, up to five million dollars for the period  January  first,
 two thousand three through December thirty-first, two thousand three, up
 to  five million dollars for the period January first, two thousand four
 through December thirty-first, two thousand four,  up  to  five  million
 dollars for the period January first, two thousand five through December
 S. 4007                            49                            A. 3007
 
 thirty-first,  two  thousand  five,  up  to five million dollars for the
 period January first, two thousand six  through  December  thirty-first,
 two thousand six, up to seven million eight hundred thousand dollars for
 the  period  January  first, two thousand seven through December thirty-
 first, two thousand seven, and up to eight million three  hundred  twen-
 ty-five  thousand  dollars  for  the  period January first, two thousand
 eight through December thirty-first, two thousand  eight,  up  to  eight
 million  five hundred thousand dollars for the period January first, two
 thousand nine through December thirty-first, two thousand  nine,  up  to
 eight  million  five  hundred  thousand  dollars  for the period January
 first, two thousand ten through December thirty-first, two thousand ten,
 up to two million one hundred twenty-five thousand dollars for the peri-
 od January first, two thousand eleven through  March  thirty-first,  two
 thousand  eleven,  up to fourteen million seven hundred thousand dollars
 each state fiscal year for the period April first, two  thousand  eleven
 through  March thirty-first, two thousand fourteen, up to eleven million
 one hundred thousand dollars each state fiscal year for the period April
 first, two thousand fourteen through March  thirty-first,  two  thousand
 seventeen,  up to eleven million one hundred thousand dollars each state
 fiscal year for the period April first, two thousand  seventeen  through
 March  thirty-first, two thousand twenty, [and] up to eleven million one
 hundred thousand dollars each state fiscal year  for  the  period  April
 first,  two  thousand  twenty  through  March thirty-first, two thousand
 twenty-three, AND UP TO ELEVEN MILLION ONE HUNDRED THOUSAND DOLLARS EACH
 STATE FISCAL YEAR FOR THE PERIOD APRIL FIRST, TWO THOUSAND  TWENTY-THREE
 THROUGH MARCH THIRTY-FIRST, TWO THOUSAND TWENTY-SIX.
   (c)  Funds  shall  be  deposited  by  the commissioner, within amounts
 appropriated,  and  the  state  comptroller  is  hereby  authorized  and
 directed  to  receive  for  deposit  to  the credit of the state special
 revenue funds - other, HCRA transfer fund, enhanced  community  services
 account,  or  any  successor fund or account, for mental health services
 programs for case management services for adults and children; supported
 housing; home and community based waiver services; family  based  treat-
 ment;  family support services; mobile mental health teams; transitional
 housing; and community oversight, established pursuant to articles seven
 and forty-one of the mental hygiene law and subdivision nine of  section
 three  hundred  sixty-six of the social services law; and for comprehen-
 sive care centers for eating disorders pursuant to  the  former  section
 twenty-seven  hundred  ninety-nine-l  of  this chapter, provided however
 that, for such centers, funds in the amount  of  five  hundred  thousand
 dollars  on  an  annualized basis shall be transferred from the enhanced
 community services account, or any successor fund or account, and depos-
 ited into the fund established by section  ninety-five-e  of  the  state
 finance  law;  from  the  tobacco control and insurance initiatives pool
 established for the following periods in the following amounts:
   (i) forty-eight million dollars to be reserved, to be retained or  for
 distribution  pursuant to a chapter of the laws of two thousand, for the
 period January first, two thousand through  December  thirty-first,  two
 thousand;
   (ii)  eighty-seven  million  dollars to be reserved, to be retained or
 for distribution pursuant to a chapter of the laws of two thousand  one,
 for  the period January first, two thousand one through December thirty-
 first, two thousand one;
   (iii) eighty-seven million dollars to be reserved, to be  retained  or
 for  distribution pursuant to a chapter of the laws of two thousand two,
 S. 4007                            50                            A. 3007
 
 for the period January first, two thousand two through December  thirty-
 first, two thousand two;
   (iv)  eighty-eight  million  dollars to be reserved, to be retained or
 for distribution pursuant to a chapter  of  the  laws  of  two  thousand
 three, for the period January first, two thousand three through December
 thirty-first, two thousand three;
   (v)  eighty-eight million dollars, plus five hundred thousand dollars,
 to be reserved, to be retained or for distribution pursuant to a chapter
 of the laws of two thousand four, and pursuant  to  the  former  section
 twenty-seven hundred ninety-nine-l of this chapter, for the period Janu-
 ary first, two thousand four through December thirty-first, two thousand
 four;
   (vi) eighty-eight million dollars, plus five hundred thousand dollars,
 to be reserved, to be retained or for distribution pursuant to a chapter
 of  the  laws  of  two thousand five, and pursuant to the former section
 twenty-seven hundred ninety-nine-l of this chapter, for the period Janu-
 ary first, two thousand five through December thirty-first, two thousand
 five;
   (vii)  eighty-eight  million  dollars,  plus  five  hundred   thousand
 dollars,  to be reserved, to be retained or for distribution pursuant to
 a chapter of the laws of  two  thousand  six,  and  pursuant  to  former
 section  twenty-seven  hundred  ninety-nine-l  of  this chapter, for the
 period January first, two thousand six  through  December  thirty-first,
 two thousand six;
   (viii)  eighty-six  million  four  hundred thousand dollars, plus five
 hundred thousand dollars, to be reserved, to be retained or for distrib-
 ution pursuant to a chapter of the laws of two thousand seven and pursu-
 ant to the former section twenty-seven  hundred  ninety-nine-l  of  this
 chapter, for the period January first, two thousand seven through Decem-
 ber thirty-first, two thousand seven; and
   (ix)  twenty-two  million nine hundred thirteen thousand dollars, plus
 one hundred twenty-five thousand dollars, to be reserved, to be retained
 or for distribution pursuant to a chapter of the laws  of  two  thousand
 eight  and  pursuant  to the former section twenty-seven hundred ninety-
 nine-l of this chapter, for the period January first, two thousand eight
 through March thirty-first, two thousand eight.
   (d) Funds shall be  deposited  by  the  commissioner,  within  amounts
 appropriated,  and  the  state  comptroller  is  hereby  authorized  and
 directed to receive for deposit to  the  credit  of  the  state  special
 revenue  funds  - other, HCRA transfer fund, medical assistance account,
 or any successor fund or account, for  purposes  of  funding  the  state
 share of services and expenses related to the family health plus program
 including up to two and one-half million dollars annually for the period
 January  first, two thousand through December thirty-first, two thousand
 two, for administration and marketing costs associated with such program
 established pursuant to clause (A) of subparagraph (v) of paragraph  (a)
 of  subdivision two of section three hundred sixty-nine-ee of the social
 services law from the tobacco control  and  insurance  initiatives  pool
 established for the following periods in the following amounts:
   (i) three million five hundred thousand dollars for the period January
 first, two thousand through December thirty-first, two thousand;
   (ii)  twenty-seven  million  dollars for the period January first, two
 thousand one through December thirty-first, two thousand one; and
   (iii) fifty-seven million dollars for the period  January  first,  two
 thousand two through December thirty-first, two thousand two.
 S. 4007                            51                            A. 3007
 
   (e)  Funds  shall  be  deposited  by  the commissioner, within amounts
 appropriated,  and  the  state  comptroller  is  hereby  authorized  and
 directed  to  receive  for  deposit  to  the credit of the state special
 revenue funds - other, HCRA transfer fund, medical  assistance  account,
 or  any  successor  fund  or  account, for purposes of funding the state
 share of services and expenses related to the family health plus program
 including up to two and one-half million dollars annually for the period
 January first, two thousand through December thirty-first, two  thousand
 two  for administration and marketing costs associated with such program
 established pursuant to clause (B) of subparagraph (v) of paragraph  (a)
 of  subdivision two of section three hundred sixty-nine-ee of the social
 services law from the tobacco control  and  insurance  initiatives  pool
 established for the following periods in the following amounts:
   (i)  two  million five hundred thousand dollars for the period January
 first, two thousand through December thirty-first, two thousand;
   (ii) thirty million five hundred thousand dollars for the period Janu-
 ary first, two thousand one through December thirty-first, two  thousand
 one; and
   (iii)  sixty-six  million  dollars  for  the period January first, two
 thousand two through December thirty-first, two thousand two.
   (f) Funds shall be  deposited  by  the  commissioner,  within  amounts
 appropriated,  and  the  state  comptroller  is  hereby  authorized  and
 directed to receive for deposit to  the  credit  of  the  state  special
 revenue  funds  -  other, HCRA transfer fund, medicaid fraud hotline and
 medicaid administration account, or any successor fund or  account,  for
 purposes of payment of administrative expenses of the department related
 to  the family health plus program established pursuant to section three
 hundred sixty-nine-ee of  the  social  services  law  from  the  tobacco
 control  and  insurance  initiatives  pool established for the following
 periods in the following amounts: five hundred thousand  dollars  on  an
 annual  basis for the periods January first, two thousand through Decem-
 ber thirty-first, two thousand six, five hundred  thousand  dollars  for
 the  period  January  first, two thousand seven through December thirty-
 first, two thousand seven, and five hundred  thousand  dollars  for  the
 period  January first, two thousand eight through December thirty-first,
 two thousand eight, five hundred thousand dollars for the period January
 first, two thousand nine through  December  thirty-first,  two  thousand
 nine,  five  hundred  thousand dollars for the period January first, two
 thousand ten  through  December  thirty-first,  two  thousand  ten,  one
 hundred  twenty-five  thousand dollars for the period January first, two
 thousand eleven through March  thirty-first,  two  thousand  eleven  and
 within amounts appropriated on and after April first, two thousand elev-
 en.
   (g)  Funds  shall  be  reserved  and accumulated from year to year and
 shall be available, including income from invested funds,  for  purposes
 of  services and expenses related to the health maintenance organization
 direct pay market program established pursuant to  sections  forty-three
 hundred  twenty-one-a and forty-three hundred twenty-two-a of the insur-
 ance law from the tobacco control and insurance initiatives pool  estab-
 lished for the following periods in the following amounts:
   (i)  up  to  thirty-five million dollars for the period January first,
 two thousand through December thirty-first, two thousand of which  fifty
 percentum  shall  be  allocated  to the program pursuant to section four
 thousand three hundred twenty-one-a  of  the  insurance  law  and  fifty
 percentum to the program pursuant to section four thousand three hundred
 twenty-two-a of the insurance law;
 S. 4007                            52                            A. 3007
 
   (ii)  up  to  thirty-six million dollars for the period January first,
 two thousand one through December  thirty-first,  two  thousand  one  of
 which  fifty  percentum  shall  be  allocated to the program pursuant to
 section four thousand three hundred twenty-one-a of  the  insurance  law
 and  fifty  percentum  to  the program pursuant to section four thousand
 three hundred twenty-two-a of the insurance law;
   (iii) up to thirty-nine million dollars for the period January  first,
 two  thousand  two  through  December  thirty-first, two thousand two of
 which fifty percentum shall be allocated  to  the  program  pursuant  to
 section  four  thousand  three hundred twenty-one-a of the insurance law
 and fifty percentum to the program pursuant  to  section  four  thousand
 three hundred twenty-two-a of the insurance law;
   (iv)  up  to  forty  million dollars for the period January first, two
 thousand three through December  thirty-first,  two  thousand  three  of
 which  fifty  percentum  shall  be  allocated to the program pursuant to
 section four thousand three hundred twenty-one-a of  the  insurance  law
 and  fifty  percentum  to  the program pursuant to section four thousand
 three hundred twenty-two-a of the insurance law;
   (v) up to forty million dollars for  the  period  January  first,  two
 thousand  four through December thirty-first, two thousand four of which
 fifty percentum shall be allocated to the program  pursuant  to  section
 four  thousand three hundred twenty-one-a of the insurance law and fifty
 percentum to the program pursuant to section four thousand three hundred
 twenty-two-a of the insurance law;
   (vi) up to forty million dollars for the  period  January  first,  two
 thousand  five through December thirty-first, two thousand five of which
 fifty percentum shall be allocated to the program  pursuant  to  section
 four  thousand three hundred twenty-one-a of the insurance law and fifty
 percentum to the program pursuant to section four thousand three hundred
 twenty-two-a of the insurance law;
   (vii) up to forty million dollars for the period  January  first,  two
 thousand  six  through  December thirty-first, two thousand six of which
 fifty percentum shall be allocated to the program  pursuant  to  section
 four  thousand three hundred twenty-one-a of the insurance law and fifty
 percentum shall be allocated to the program  pursuant  to  section  four
 thousand three hundred twenty-two-a of the insurance law;
   (viii)  up  to forty million dollars for the period January first, two
 thousand seven through December  thirty-first,  two  thousand  seven  of
 which  fifty  percentum  shall  be  allocated to the program pursuant to
 section four thousand three hundred twenty-one-a of  the  insurance  law
 and  fifty  percentum  shall  be  allocated  to  the program pursuant to
 section four thousand three hundred twenty-two-a of the  insurance  law;
 and
   (ix)  up  to  forty  million dollars for the period January first, two
 thousand eight through December  thirty-first,  two  thousand  eight  of
 which  fifty  per  centum  shall be allocated to the program pursuant to
 section four thousand three hundred twenty-one-a of  the  insurance  law
 and  fifty  per  centum  shall  be  allocated to the program pursuant to
 section four thousand three hundred twenty-two-a of the insurance law.
   (h) Funds shall be reserved and accumulated  from  year  to  year  and
 shall  be  available, including income from invested funds, for purposes
 of services and expenses related to  the  healthy  New  York  individual
 program  established  pursuant  to  sections four thousand three hundred
 twenty-six and four thousand three hundred twenty-seven of the insurance
 law from the tobacco control and insurance initiatives pool  established
 for the following periods in the following amounts:
 S. 4007                            53                            A. 3007
 
   (i)  up to six million dollars for the period January first, two thou-
 sand one through December thirty-first, two thousand one;
   (ii)  up  to twenty-nine million dollars for the period January first,
 two thousand two through December thirty-first, two thousand two;
   (iii) up to five million one hundred thousand dollars for  the  period
 January  first,  two  thousand  three through December thirty-first, two
 thousand three;
   (iv) up to twenty-four million six hundred thousand  dollars  for  the
 period  January  first, two thousand four through December thirty-first,
 two thousand four;
   (v) up to thirty-four million six hundred  thousand  dollars  for  the
 period  January  first, two thousand five through December thirty-first,
 two thousand five;
   (vi) up to fifty-four million eight hundred thousand dollars  for  the
 period  January  first,  two thousand six through December thirty-first,
 two thousand six;
   (vii) up to sixty-one million seven hundred thousand dollars  for  the
 period  January first, two thousand seven through December thirty-first,
 two thousand seven; and
   (viii) up to one hundred three million seven  hundred  fifty  thousand
 dollars  for the period January first, two thousand eight through Decem-
 ber thirty-first, two thousand eight.
   (i) Funds shall be reserved and accumulated  from  year  to  year  and
 shall  be  available, including income from invested funds, for purposes
 of services and expenses related to the healthy New York  group  program
 established  pursuant to sections four thousand three hundred twenty-six
 and four thousand three hundred twenty-seven of the insurance  law  from
 the  tobacco  control and insurance initiatives pool established for the
 following periods in the following amounts:
   (i) up to thirty-four million dollars for the  period  January  first,
 two thousand one through December thirty-first, two thousand one;
   (ii) up to seventy-seven million dollars for the period January first,
 two thousand two through December thirty-first, two thousand two;
   (iii)  up  to ten million five hundred thousand dollars for the period
 January first, two thousand three  through  December  thirty-first,  two
 thousand three;
   (iv)  up  to  twenty-four million six hundred thousand dollars for the
 period January first, two thousand four through  December  thirty-first,
 two thousand four;
   (v)  up  to  thirty-four  million six hundred thousand dollars for the
 period January first, two thousand five through  December  thirty-first,
 two thousand five;
   (vi)  up  to fifty-four million eight hundred thousand dollars for the
 period January first, two thousand six  through  December  thirty-first,
 two thousand six;
   (vii)  up  to sixty-one million seven hundred thousand dollars for the
 period January first, two thousand seven through December  thirty-first,
 two thousand seven; and
   (viii)  up  to  one hundred three million seven hundred fifty thousand
 dollars for the period January first, two thousand eight through  Decem-
 ber thirty-first, two thousand eight.
   (i-1) Notwithstanding the provisions of paragraphs (h) and (i) of this
 subdivision,  the  commissioner  shall  reserve and accumulate up to two
 million five hundred thousand dollars annually for the  periods  January
 first,  two  thousand  four  through December thirty-first, two thousand
 six, one million four hundred thousand dollars for  the  period  January
 S. 4007                            54                            A. 3007
 
 first,  two  thousand  seven through December thirty-first, two thousand
 seven, two million dollars for the period January  first,  two  thousand
 eight  through  December  thirty-first,  two  thousand eight, from funds
 otherwise  available  for  distribution  under  such  paragraphs for the
 services and expenses related to the  pilot  program  for  entertainment
 industry  employees  included  in subsection (b) of section one thousand
 one hundred twenty-two of the insurance law,  and  an  additional  seven
 hundred  thousand  dollars  annually  for the periods January first, two
 thousand four through December thirty-first, two thousand six, an  addi-
 tional  three hundred thousand dollars for the period January first, two
 thousand seven through June thirtieth, two thousand seven  for  services
 and expenses related to the pilot program for displaced workers included
 in  subsection (c) of section one thousand one hundred twenty-two of the
 insurance law.
   (j) Funds shall be reserved and accumulated  from  year  to  year  and
 shall  be  available, including income from invested funds, for purposes
 of services and expenses related  to  the  tobacco  use  prevention  and
 control  program established pursuant to sections thirteen hundred nine-
 ty-nine-ii and thirteen hundred ninety-nine-jj of this chapter, from the
 tobacco control and  insurance  initiatives  pool  established  for  the
 following periods in the following amounts:
   (i)  up  to  thirty  million dollars for the period January first, two
 thousand through December thirty-first, two thousand;
   (ii) up to forty million dollars for the  period  January  first,  two
 thousand one through December thirty-first, two thousand one;
   (iii)  up  to  forty million dollars for the period January first, two
 thousand two through December thirty-first, two thousand two;
   (iv) up to thirty-six million nine hundred fifty thousand dollars  for
 the  period  January  first, two thousand three through December thirty-
 first, two thousand three;
   (v) up to thirty-six million nine hundred fifty thousand  dollars  for
 the  period  January  first,  two thousand four through December thirty-
 first, two thousand four;
   (vi) up to forty million six hundred thousand dollars for  the  period
 January  first,  two  thousand  five  through December thirty-first, two
 thousand five;
   (vii) up to eighty-one million nine hundred thousand dollars  for  the
 period  January  first,  two thousand six through December thirty-first,
 two thousand six, provided, however, that within amounts appropriated, a
 portion of such funds may be transferred  to  the  Roswell  Park  Cancer
 Institute Corporation to support costs associated with cancer research;
   (viii)  up  to  ninety-four million one hundred fifty thousand dollars
 for the period January first, two thousand seven through December  thir-
 ty-first,  two  thousand  seven,  provided, however, that within amounts
 appropriated, a portion of such funds may be transferred to the  Roswell
 Park  Cancer  Institute  Corporation  to  support  costs associated with
 cancer research;
   (ix) up to ninety-four million one hundred fifty thousand dollars  for
 the  period  January  first, two thousand eight through December thirty-
 first, two thousand eight;
   (x) up to ninety-four million one hundred fifty thousand  dollars  for
 the  period  January  first,  two thousand nine through December thirty-
 first, two thousand nine;
   (xi) up to eighty-seven million seven  hundred  seventy-five  thousand
 dollars  for the period January first, two thousand ten through December
 thirty-first, two thousand ten;
 S. 4007                            55                            A. 3007

   (xii) up to twenty-one million four hundred  twelve  thousand  dollars
 for  the period January first, two thousand eleven through March thirty-
 first, two thousand eleven;
   (xiii) up to fifty-two million one hundred thousand dollars each state
 fiscal  year  for  the  period  April first, two thousand eleven through
 March thirty-first, two thousand fourteen;
   (xiv) up to six million dollars each state fiscal year for the  period
 April first, two thousand fourteen through March thirty-first, two thou-
 sand seventeen;
   (xv)  up  to six million dollars each state fiscal year for the period
 April first, two thousand  seventeen  through  March  thirty-first,  two
 thousand twenty; [and]
   (xvi)  up to six million dollars each state fiscal year for the period
 April first, two thousand twenty through March thirty-first,  two  thou-
 sand twenty-three; AND
   (XVII) UP TO SIX MILLION DOLLARS EACH STATE FISCAL YEAR FOR THE PERIOD
 APRIL  FIRST,  TWO THOUSAND TWENTY-THREE THROUGH MARCH THIRTY-FIRST, TWO
 THOUSAND TWENTY-SIX.
   (k) Funds shall be  deposited  by  the  commissioner,  within  amounts
 appropriated,  and  the  state  comptroller  is  hereby  authorized  and
 directed to receive for deposit to  the  credit  of  the  state  special
 revenue  fund - other, HCRA transfer fund, health care services account,
 or any successor fund or account, for purposes of services and  expenses
 related  to public health programs, including comprehensive care centers
 for eating disorders pursuant to the former section twenty-seven hundred
 ninety-nine-l of this chapter, provided however that, for such  centers,
 funds  in  the  amount of five hundred thousand dollars on an annualized
 basis shall be transferred from the health care services account, or any
 successor fund or account, and deposited into the  fund  established  by
 section  ninety-five-e  of  the  state  finance law for periods prior to
 March thirty-first, two thousand eleven, from the  tobacco  control  and
 insurance  initiatives pool established for the following periods in the
 following amounts:
   (i) up to thirty-one million dollars for the period January first, two
 thousand through December thirty-first, two thousand;
   (ii) up to forty-one million dollars for the period January first, two
 thousand one through December thirty-first, two thousand one;
   (iii) up to eighty-one million dollars for the period  January  first,
 two thousand two through December thirty-first, two thousand two;
   (iv)  one hundred twenty-two million five hundred thousand dollars for
 the period January first, two thousand three  through  December  thirty-
 first, two thousand three;
   (v)  one  hundred  eight  million  five  hundred seventy-five thousand
 dollars, plus an additional five hundred thousand dollars, for the peri-
 od January first, two thousand four through December  thirty-first,  two
 thousand four;
   (vi)  ninety-one million eight hundred thousand dollars, plus an addi-
 tional five hundred thousand dollars, for the period January first,  two
 thousand five through December thirty-first, two thousand five;
   (vii) one hundred fifty-six million six hundred thousand dollars, plus
 an  additional  five  hundred  thousand  dollars, for the period January
 first, two thousand six through December thirty-first, two thousand six;
   (viii) one hundred fifty-one million four  hundred  thousand  dollars,
 plus an additional five hundred thousand dollars, for the period January
 first,  two  thousand  seven through December thirty-first, two thousand
 seven;
 S. 4007                            56                            A. 3007
 
   (ix) one hundred sixteen  million  nine  hundred  forty-nine  thousand
 dollars, plus an additional five hundred thousand dollars, for the peri-
 od  January first, two thousand eight through December thirty-first, two
 thousand eight;
   (x)  one  hundred  sixteen  million  nine  hundred forty-nine thousand
 dollars, plus an additional five hundred thousand dollars, for the peri-
 od January first, two thousand nine through December  thirty-first,  two
 thousand nine;
   (xi)  one  hundred  sixteen  million  nine hundred forty-nine thousand
 dollars, plus an additional five hundred thousand dollars, for the peri-
 od January first, two thousand ten through  December  thirty-first,  two
 thousand ten;
   (xii)  twenty-nine  million  two  hundred  thirty-seven  thousand  two
 hundred fifty dollars, plus an additional one hundred twenty-five  thou-
 sand  dollars, for the period January first, two thousand eleven through
 March thirty-first, two thousand eleven;
   (xiii) one hundred twenty million thirty-eight  thousand  dollars  for
 the  period April first, two thousand eleven through March thirty-first,
 two thousand twelve; and
   (xiv) one hundred nineteen million four hundred seven thousand dollars
 each state fiscal year for the period April first, two  thousand  twelve
 through March thirty-first, two thousand fourteen.
   (l)  Funds  shall  be  deposited  by  the commissioner, within amounts
 appropriated,  and  the  state  comptroller  is  hereby  authorized  and
 directed  to  receive  for  deposit  to  the credit of the state special
 revenue funds - other, HCRA transfer fund, medical  assistance  account,
 or  any  successor  fund  or  account, for purposes of funding the state
 share of the personal care and certified home health agency rate or  fee
 increases  established  pursuant  to  subdivision three of section three
 hundred sixty-seven-o of  the  social  services  law  from  the  tobacco
 control  and  insurance  initiatives  pool established for the following
 periods in the following amounts:
   (i) twenty-three million two hundred thousand dollars for  the  period
 January first, two thousand through December thirty-first, two thousand;
   (ii)  twenty-three million two hundred thousand dollars for the period
 January first, two thousand one through December thirty-first, two thou-
 sand one;
   (iii) twenty-three million two hundred thousand dollars for the period
 January first, two thousand two through December thirty-first, two thou-
 sand two;
   (iv) up to sixty-five million two hundred  thousand  dollars  for  the
 period  January first, two thousand three through December thirty-first,
 two thousand three;
   (v) up to sixty-five million two  hundred  thousand  dollars  for  the
 period  January  first, two thousand four through December thirty-first,
 two thousand four;
   (vi) up to sixty-five million two hundred  thousand  dollars  for  the
 period  January  first, two thousand five through December thirty-first,
 two thousand five;
   (vii) up to sixty-five million two hundred thousand  dollars  for  the
 period  January  first,  two thousand six through December thirty-first,
 two thousand six;
   (viii) up to sixty-five million two hundred thousand dollars  for  the
 period  January first, two thousand seven through December thirty-first,
 two thousand seven; and
 S. 4007                            57                            A. 3007
 
   (ix) up to sixteen million three  hundred  thousand  dollars  for  the
 period January first, two thousand eight through March thirty-first, two
 thousand eight.
   (m)  Funds  shall  be  deposited  by  the commissioner, within amounts
 appropriated,  and  the  state  comptroller  is  hereby  authorized  and
 directed  to  receive  for  deposit  to  the credit of the state special
 revenue funds - other, HCRA transfer fund, medical  assistance  account,
 or  any  successor  fund  or  account, for purposes of funding the state
 share of services and expenses related to home  care  workers  insurance
 pilot  demonstration programs established pursuant to subdivision two of
 section three hundred sixty-seven-o of the social services law from  the
 tobacco  control  and  insurance  initiatives  pool  established for the
 following periods in the following amounts:
   (i) three million eight hundred thousand dollars for the period  Janu-
 ary first, two thousand through December thirty-first, two thousand;
   (ii) three million eight hundred thousand dollars for the period Janu-
 ary  first, two thousand one through December thirty-first, two thousand
 one;
   (iii) three million eight hundred  thousand  dollars  for  the  period
 January first, two thousand two through December thirty-first, two thou-
 sand two;
   (iv) up to three million eight hundred thousand dollars for the period
 January  first,  two  thousand  three through December thirty-first, two
 thousand three;
   (v) up to three million eight hundred thousand dollars for the  period
 January  first,  two  thousand  four  through December thirty-first, two
 thousand four;
   (vi) up to three million eight hundred thousand dollars for the period
 January first, two thousand  five  through  December  thirty-first,  two
 thousand five;
   (vii) up to three million eight hundred thousand dollars for the peri-
 od  January  first,  two thousand six through December thirty-first, two
 thousand six;
   (viii) up to three million eight  hundred  thousand  dollars  for  the
 period  January first, two thousand seven through December thirty-first,
 two thousand seven; and
   (ix) up to nine hundred fifty thousand dollars for the period  January
 first,  two  thousand  eight  through  March  thirty-first, two thousand
 eight.
   (n) Funds shall be transferred by the commissioner and shall be depos-
 ited to the credit of the special revenue funds -  other,  miscellaneous
 special  revenue  fund  - 339, elderly pharmaceutical insurance coverage
 program premium account authorized pursuant to the provisions  of  title
 three of article two of the elder law, or any successor fund or account,
 for  funding  state  expenses  relating  to the program from the tobacco
 control and insurance initiatives pool  established  for  the  following
 periods in the following amounts:
   (i)  one  hundred  seven million dollars for the period January first,
 two thousand through December thirty-first, two thousand;
   (ii) one hundred sixty-four million dollars  for  the  period  January
 first, two thousand one through December thirty-first, two thousand one;
   (iii)  three hundred twenty-two million seven hundred thousand dollars
 for the period January first, two thousand two through December  thirty-
 first, two thousand two;
 S. 4007                            58                            A. 3007
 
   (iv)  four hundred thirty-three million three hundred thousand dollars
 for the period January first, two thousand three through December  thir-
 ty-first, two thousand three;
   (v)  five  hundred four million one hundred fifty thousand dollars for
 the period January first, two thousand  four  through  December  thirty-
 first, two thousand four;
   (vi) five hundred sixty-six million eight hundred thousand dollars for
 the  period  January  first,  two thousand five through December thirty-
 first, two thousand five;
   (vii) six hundred three million one hundred fifty thousand dollars for
 the period January first, two  thousand  six  through  December  thirty-
 first, two thousand six;
   (viii)  six  hundred  sixty million eight hundred thousand dollars for
 the period January first, two thousand seven  through  December  thirty-
 first, two thousand seven;
   (ix)  three hundred sixty-seven million four hundred sixty-three thou-
 sand dollars for the period January first, two  thousand  eight  through
 December thirty-first, two thousand eight;
   (x)  three hundred thirty-four million eight hundred twenty-five thou-
 sand dollars for the period January first,  two  thousand  nine  through
 December thirty-first, two thousand nine;
   (xi)  three  hundred  forty-four million nine hundred thousand dollars
 for the period January first, two thousand ten through December  thirty-
 first, two thousand ten;
   (xii) eighty-seven million seven hundred eighty-eight thousand dollars
 for  the period January first, two thousand eleven through March thirty-
 first, two thousand eleven;
   (xiii) one hundred forty-three  million  one  hundred  fifty  thousand
 dollars  for  the  period April first, two thousand eleven through March
 thirty-first, two thousand twelve;
   (xiv) one hundred twenty million nine hundred fifty  thousand  dollars
 for  the  period  April first, two thousand twelve through March thirty-
 first, two thousand thirteen;
   (xv) one hundred twenty-eight million  eight  hundred  fifty  thousand
 dollars  for the period April first, two thousand thirteen through March
 thirty-first, two thousand fourteen;
   (xvi) one hundred twenty-seven million four hundred  sixteen  thousand
 dollars  each state fiscal year for the period April first, two thousand
 fourteen through March thirty-first, two thousand seventeen;
   (xvii) one hundred twenty-seven million four hundred sixteen  thousand
 dollars  each state fiscal year for the period April first, two thousand
 seventeen through March thirty-first, two thousand twenty; [and]
   (xviii) one hundred twenty-seven million four hundred sixteen thousand
 dollars each state fiscal year for the period April first, two  thousand
 twenty through March thirty-first, two thousand twenty-three; AND
   (XIX)  ONE  HUNDRED TWENTY-SEVEN MILLION FOUR HUNDRED SIXTEEN THOUSAND
 DOLLARS EACH STATE FISCAL YEAR FOR THE PERIOD APRIL FIRST, TWO  THOUSAND
 TWENTY-THREE THROUGH MARCH THIRTY-FIRST, TWO THOUSAND TWENTY-SIX.
   (o)  Funds  shall be reserved and accumulated and shall be transferred
 to the Roswell Park  Cancer  Institute  Corporation,  from  the  tobacco
 control  and  insurance  initiatives  pool established for the following
 periods in the following amounts:
   (i) up to ninety million dollars for the  period  January  first,  two
 thousand through December thirty-first, two thousand;
   (ii)  up  to  sixty  million dollars for the period January first, two
 thousand one through December thirty-first, two thousand one;
 S. 4007                            59                            A. 3007
 
   (iii) up to eighty-five million dollars for the period January  first,
 two thousand two through December thirty-first, two thousand two;
   (iv)  eighty-five  million  two hundred fifty thousand dollars for the
 period January first, two thousand three through December  thirty-first,
 two thousand three;
   (v)  seventy-eight  million  dollars for the period January first, two
 thousand four through December thirty-first, two thousand four;
   (vi) seventy-eight million dollars for the period January  first,  two
 thousand five through December thirty-first, two thousand five;
   (vii)  ninety-one  million  dollars  for the period January first, two
 thousand six through December thirty-first, two thousand six;
   (viii) seventy-eight million dollars for the period January first, two
 thousand seven through December thirty-first, two thousand seven;
   (ix) seventy-eight million dollars for the period January  first,  two
 thousand eight through December thirty-first, two thousand eight;
   (x)  seventy-eight  million  dollars for the period January first, two
 thousand nine through December thirty-first, two thousand nine;
   (xi) seventy-eight million dollars for the period January  first,  two
 thousand ten through December thirty-first, two thousand ten;
   (xii)  nineteen  million  five hundred thousand dollars for the period
 January first, two thousand eleven through March thirty-first, two thou-
 sand eleven;
   (xiii) sixty-nine million eight hundred forty  thousand  dollars  each
 state  fiscal  year  for  the  period  April  first, two thousand eleven
 through March thirty-first, two thousand fourteen;
   (xiv) up to ninety-six million six hundred thousand dollars each state
 fiscal year for the period April first, two  thousand  fourteen  through
 March thirty-first, two thousand seventeen;
   (xv)  up to ninety-six million six hundred thousand dollars each state
 fiscal year for the period April first, two thousand  seventeen  through
 March thirty-first, two thousand twenty; [and]
   (xvi) up to ninety-six million six hundred thousand dollars each state
 fiscal  year  for  the  period  April first, two thousand twenty through
 March thirty-first, two thousand twenty-three; AND
   (XVII) UP TO NINETY-SIX MILLION  SIX  HUNDRED  THOUSAND  DOLLARS  EACH
 STATE  FISCAL YEAR FOR THE PERIOD APRIL FIRST, TWO THOUSAND TWENTY-THREE
 THROUGH MARCH THIRTY-FIRST, TWO THOUSAND TWENTY-SIX.
   (p) Funds shall be  deposited  by  the  commissioner,  within  amounts
 appropriated,  and  the  state  comptroller  is  hereby  authorized  and
 directed to receive for deposit to  the  credit  of  the  state  special
 revenue  funds - other, indigent care fund - 068, indigent care account,
 or any successor fund or account, for purposes of providing  a  medicaid
 disproportionate  share payment from the high need indigent care adjust-
 ment pool established pursuant to section twenty-eight  hundred  seven-w
 of this article, from the tobacco control and insurance initiatives pool
 established for the following periods in the following amounts:
   (i) eighty-two million dollars annually for the periods January first,
 two thousand through December thirty-first, two thousand two;
   (ii)  up  to  eighty-two million dollars for the period January first,
 two thousand three through December thirty-first, two thousand three;
   (iii) up to eighty-two million dollars for the period  January  first,
 two thousand four through December thirty-first, two thousand four;
   (iv)  up  to  eighty-two million dollars for the period January first,
 two thousand five through December thirty-first, two thousand five;
   (v) up to eighty-two million dollars for the period January first, two
 thousand six through December thirty-first, two thousand six;
 S. 4007                            60                            A. 3007
 
   (vi) up to eighty-two million dollars for the  period  January  first,
 two thousand seven through December thirty-first, two thousand seven;
   (vii)  up  to eighty-two million dollars for the period January first,
 two thousand eight through December thirty-first, two thousand eight;
   (viii) up to eighty-two million dollars for the period January  first,
 two thousand nine through December thirty-first, two thousand nine;
   (ix)  up  to  eighty-two million dollars for the period January first,
 two thousand ten through December thirty-first, two thousand ten;
   (x) up to twenty million five hundred thousand dollars for the  period
 January first, two thousand eleven through March thirty-first, two thou-
 sand eleven; and
   (xi)  up  to eighty-two million dollars each state fiscal year for the
 period April first, two thousand eleven through March thirty-first,  two
 thousand fourteen.
   (q)  Funds  shall  be  reserved  and accumulated from year to year and
 shall be available, including income from invested funds,  for  purposes
 of  providing  distributions  to  eligible  school  based health centers
 established pursuant to section eighty-eight of chapter one of the  laws
 of  nineteen hundred ninety-nine, from the tobacco control and insurance
 initiatives pool established for the following periods in the  following
 amounts:
   (i)  seven  million dollars annually for the period January first, two
 thousand through December thirty-first, two thousand two;
   (ii) up to seven million dollars for the  period  January  first,  two
 thousand three through December thirty-first, two thousand three;
   (iii)  up  to  seven million dollars for the period January first, two
 thousand four through December thirty-first, two thousand four;
   (iv) up to seven million dollars for the  period  January  first,  two
 thousand five through December thirty-first, two thousand five;
   (v)  up  to  seven  million  dollars for the period January first, two
 thousand six through December thirty-first, two thousand six;
   (vi) up to seven million dollars for the  period  January  first,  two
 thousand seven through December thirty-first, two thousand seven;
   (vii)  up  to  seven million dollars for the period January first, two
 thousand eight through December thirty-first, two thousand eight;
   (viii) up to seven million dollars for the period January  first,  two
 thousand nine through December thirty-first, two thousand nine;
   (ix)  up  to  seven  million dollars for the period January first, two
 thousand ten through December thirty-first, two thousand ten;
   (x) up to one million seven hundred fifty  thousand  dollars  for  the
 period  January  first,  two thousand eleven through March thirty-first,
 two thousand eleven;
   (xi) up to five million six hundred thousand dollars each state fiscal
 year for the period April first, two thousand eleven through March thir-
 ty-first, two thousand fourteen;
   (xii) up to five million two  hundred  eighty-eight  thousand  dollars
 each state fiscal year for the period April first, two thousand fourteen
 through March thirty-first, two thousand seventeen;
   (xiii)  up  to  five million two hundred eighty-eight thousand dollars
 each state fiscal year for the period April first, two  thousand  seven-
 teen through March thirty-first, two thousand twenty; [and]
   (xiv)  up  to  five  million two hundred eighty-eight thousand dollars
 each state fiscal year for the period April first, two  thousand  twenty
 through March thirty-first, two thousand twenty-three; AND
 S. 4007                            61                            A. 3007
 
   (XV) UP TO FIVE MILLION TWO HUNDRED EIGHTY-EIGHT THOUSAND DOLLARS EACH
 STATE  FISCAL YEAR FOR THE PERIOD APRIL FIRST, TWO THOUSAND TWENTY-THREE
 THROUGH MARCH THIRTY-FIRST, TWO THOUSAND TWENTY-SIX.
   (r) Funds shall be deposited by the commissioner within amounts appro-
 priated,  and the state comptroller is hereby authorized and directed to
 receive for deposit to the credit of the state special revenue  funds  -
 other,  HCRA transfer fund, medical assistance account, or any successor
 fund or account, for purposes of providing distributions for  supplemen-
 tary   medical  insurance  for  Medicare  part  B  premiums,  physicians
 services, outpatient services, medical  equipment,  supplies  and  other
 health services, from the tobacco control and insurance initiatives pool
 established for the following periods in the following amounts:
   (i)  forty-three  million  dollars  for  the period January first, two
 thousand through December thirty-first, two thousand;
   (ii) sixty-one million dollars for the period January first, two thou-
 sand one through December thirty-first, two thousand one;
   (iii) sixty-five million dollars for the  period  January  first,  two
 thousand two through December thirty-first, two thousand two;
   (iv)  sixty-seven million five hundred thousand dollars for the period
 January first, two thousand three  through  December  thirty-first,  two
 thousand three;
   (v)  sixty-eight  million  dollars  for  the period January first, two
 thousand four through December thirty-first, two thousand four;
   (vi) sixty-eight million dollars for the  period  January  first,  two
 thousand five through December thirty-first, two thousand five;
   (vii)  sixty-eight  million  dollars for the period January first, two
 thousand six through December thirty-first, two thousand six;
   (viii) seventeen million five hundred thousand dollars for the  period
 January  first,  two  thousand  seven through December thirty-first, two
 thousand seven;
   (ix) sixty-eight million dollars for the  period  January  first,  two
 thousand eight through December thirty-first, two thousand eight;
   (x)  sixty-eight  million  dollars  for  the period January first, two
 thousand nine through December thirty-first, two thousand nine;
   (xi) sixty-eight million dollars for the  period  January  first,  two
 thousand ten through December thirty-first, two thousand ten;
   (xii)  seventeen  million  dollars  for  the period January first, two
 thousand eleven through March thirty-first, two thousand eleven; and
   (xiii) sixty-eight million dollars each  state  fiscal  year  for  the
 period  April first, two thousand eleven through March thirty-first, two
 thousand fourteen.
   (s) Funds shall be deposited by the commissioner within amounts appro-
 priated, and the state comptroller is hereby authorized and directed  to
 receive  for  deposit to the credit of the state special revenue funds -
 other, HCRA transfer fund, medical assistance account, or any  successor
 fund  or  account,  for  purposes of providing distributions pursuant to
 paragraphs (s-5), (s-6),  (s-7)  and  (s-8)  of  subdivision  eleven  of
 section  twenty-eight  hundred  seven-c of this article from the tobacco
 control and insurance initiatives pool  established  for  the  following
 periods in the following amounts:
   (i)  eighteen  million dollars for the period January first, two thou-
 sand through December thirty-first, two thousand;
   (ii) twenty-four million dollars  annually  for  the  periods  January
 first, two thousand one through December thirty-first, two thousand two;
   (iii)  up to twenty-four million dollars for the period January first,
 two thousand three through December thirty-first, two thousand three;
 S. 4007                            62                            A. 3007
 
   (iv) up to twenty-four million dollars for the period  January  first,
 two thousand four through December thirty-first, two thousand four;
   (v)  up  to  twenty-four million dollars for the period January first,
 two thousand five through December thirty-first, two thousand five;
   (vi) up to twenty-four million dollars for the period  January  first,
 two thousand six through December thirty-first, two thousand six;
   (vii)  up to twenty-four million dollars for the period January first,
 two thousand seven through December thirty-first, two thousand seven;
   (viii) up to twenty-four million dollars for the period January first,
 two thousand eight through December thirty-first,  two  thousand  eight;
 and
   (ix)  up  to  twenty-two million dollars for the period January first,
 two thousand nine through November thirtieth, two thousand nine.
   (t) Funds shall be reserved and accumulated from year to year  by  the
 commissioner and shall be made available, including income from invested
 funds:
   (i)  For  the  purpose  of making grants to a state owned and operated
 medical school which does not have a state owned and  operated  hospital
 on  site  and  available for teaching purposes. Notwithstanding sections
 one hundred twelve and one hundred sixty-three of the state finance law,
 such grants shall be made in the amount of up to five  hundred  thousand
 dollars  for  the  period  January  first, two thousand through December
 thirty-first, two thousand;
   (ii) For the purpose of making grants to medical schools  pursuant  to
 section  eighty-six-a  of  chapter  one  of the laws of nineteen hundred
 ninety-nine in the sum of up to four  million  dollars  for  the  period
 January first, two thousand through December thirty-first, two thousand;
 and
   (iii)  The  funds  disbursed pursuant to subparagraphs (i) and (ii) of
 this paragraph from the tobacco control and insurance  initiatives  pool
 are  contingent upon meeting all funding amounts established pursuant to
 paragraphs (a), (b), (c), (d), (e), (f), (l), (m), (n),  (p),  (q),  (r)
 and  (s)  of  this  subdivision,  paragraph  (a)  of subdivision nine of
 section twenty-eight hundred seven-j of  this  article,  and  paragraphs
 (a),  (i)  and  (k)  of  subdivision one of section twenty-eight hundred
 seven-l of this article.
   (u) Funds shall be  deposited  by  the  commissioner,  within  amounts
 appropriated,  and  the  state  comptroller  is  hereby  authorized  and
 directed to receive for deposit to  the  credit  of  the  state  special
 revenue  funds  - other, HCRA transfer fund, medical assistance account,
 or any successor fund or account, for  purposes  of  funding  the  state
 share  of  services  and  expenses  related  to the nursing home quality
 improvement demonstration program established pursuant to section  twen-
 ty-eight  hundred  eight-d  of this article from the tobacco control and
 insurance initiatives pool established for the following periods in  the
 following amounts:
   (i)  up  to twenty-five million dollars for the period beginning April
 first, two thousand two and ending December thirty-first,  two  thousand
 two,  and  on  an  annualized  basis,  for each annual period thereafter
 beginning January first, two thousand three and ending December  thirty-
 first, two thousand four;
   (ii)  up  to eighteen million seven hundred fifty thousand dollars for
 the period January first, two thousand  five  through  December  thirty-
 first, two thousand five; and
 S. 4007                            63                            A. 3007
 
   (iii)  up  to  fifty-six million five hundred thousand dollars for the
 period January first, two thousand six  through  December  thirty-first,
 two thousand six.
   (v) Funds shall be transferred by the commissioner and shall be depos-
 ited  to the credit of the hospital excess liability pool created pursu-
 ant to section eighteen of chapter two hundred sixty-six of the laws  of
 nineteen  hundred  eighty-six,  or  any  successor  fund or account, for
 purposes of expenses related to the purchase of excess medical  malprac-
 tice  insurance and the cost of administrating the pool, including costs
 associated with the risk  management  program  established  pursuant  to
 section  forty-two  of part A of chapter one of the laws of two thousand
 two required by paragraph (a) of subdivision one of section eighteen  of
 chapter two hundred sixty-six of the laws of nineteen hundred eighty-six
 as may be amended from time to time, from the tobacco control and insur-
 ance  initiatives  pool  established  for  the  following periods in the
 following amounts:
   (i) up to fifty million dollars or so much as is needed for the period
 January first, two thousand two through December thirty-first, two thou-
 sand two;
   (ii) up to seventy-six million seven hundred thousand dollars for  the
 period  January first, two thousand three through December thirty-first,
 two thousand three;
   (iii) up to sixty-five million dollars for the period  January  first,
 two thousand four through December thirty-first, two thousand four;
   (iv)  up  to  sixty-five million dollars for the period January first,
 two thousand five through December thirty-first, two thousand five;
   (v) up to one hundred thirteen million eight hundred thousand  dollars
 for  the period January first, two thousand six through December thirty-
 first, two thousand six;
   (vi) up to one hundred thirty million dollars for the  period  January
 first,  two  thousand  seven through December thirty-first, two thousand
 seven;
   (vii) up to one hundred thirty million dollars for the period  January
 first,  two  thousand  eight through December thirty-first, two thousand
 eight;
   (viii) up to one hundred thirty million dollars for the period January
 first, two thousand nine through  December  thirty-first,  two  thousand
 nine;
   (ix)  up  to one hundred thirty million dollars for the period January
 first, two thousand ten through December thirty-first, two thousand ten;
   (x) up to thirty-two million five hundred  thousand  dollars  for  the
 period  January  first,  two thousand eleven through March thirty-first,
 two thousand eleven;
   (xi) up to one hundred  twenty-seven  million  four  hundred  thousand
 dollars  each state fiscal year for the period April first, two thousand
 eleven through March thirty-first, two thousand fourteen;
   (xii) up to one hundred twenty-seven  million  four  hundred  thousand
 dollars  each state fiscal year for the period April first, two thousand
 fourteen through March thirty-first, two thousand seventeen;
   (xiii) up to one hundred twenty-seven million  four  hundred  thousand
 dollars  each state fiscal year for the period April first, two thousand
 seventeen through March thirty-first, two thousand twenty; [and]
   (xiv) up to one hundred twenty-seven  million  four  hundred  thousand
 dollars  each state fiscal year for the period April first, two thousand
 twenty through March thirty-first, two thousand twenty-three; AND
 S. 4007                            64                            A. 3007
 
   (XV) UP TO ONE HUNDRED  TWENTY-SEVEN  MILLION  FOUR  HUNDRED  THOUSAND
 DOLLARS  EACH STATE FISCAL YEAR FOR THE PERIOD APRIL FIRST, TWO THOUSAND
 TWENTY-THREE THROUGH MARCH THIRTY-FIRST, TWO THOUSAND TWENTY-SIX.
   (w)  Funds  shall  be  deposited  by  the commissioner, within amounts
 appropriated,  and  the  state  comptroller  is  hereby  authorized  and
 directed  to  receive  for  deposit  to  the credit of the state special
 revenue funds - other, HCRA transfer fund, medical  assistance  account,
 or  any  successor  fund  or  account, for purposes of funding the state
 share of the treatment of breast and cervical cancer pursuant  to  para-
 graph  (d) of subdivision four of section three hundred sixty-six of the
 social services law, from the tobacco control and insurance  initiatives
 pool established for the following periods in the following amounts:
   (i)  up  to four hundred fifty thousand dollars for the period January
 first, two thousand two through December thirty-first, two thousand two;
   (ii) up to two million one hundred thousand  dollars  for  the  period
 January  first,  two  thousand  three through December thirty-first, two
 thousand three;
   (iii) up to two million one hundred thousand dollars  for  the  period
 January  first,  two  thousand  four  through December thirty-first, two
 thousand four;
   (iv) up to two million one hundred thousand  dollars  for  the  period
 January  first,  two  thousand  five  through December thirty-first, two
 thousand five;
   (v) up to two million one hundred  thousand  dollars  for  the  period
 January first, two thousand six through December thirty-first, two thou-
 sand six;
   (vi)  up  to  two  million one hundred thousand dollars for the period
 January first, two thousand seven  through  December  thirty-first,  two
 thousand seven;
   (vii)  up  to  two million one hundred thousand dollars for the period
 January first, two thousand eight  through  December  thirty-first,  two
 thousand eight;
   (viii)  up  to two million one hundred thousand dollars for the period
 January first, two thousand  nine  through  December  thirty-first,  two
 thousand nine;
   (ix)  up  to  two  million one hundred thousand dollars for the period
 January first, two thousand ten through December thirty-first, two thou-
 sand ten;
   (x) up to five hundred twenty-five thousand  dollars  for  the  period
 January first, two thousand eleven through March thirty-first, two thou-
 sand eleven;
   (xi)  up to two million one hundred thousand dollars each state fiscal
 year for the period April first, two thousand eleven through March thir-
 ty-first, two thousand fourteen;
   (xii) up to two million one hundred thousand dollars each state fiscal
 year for the period April first, two  thousand  fourteen  through  March
 thirty-first, two thousand seventeen;
   (xiii)  up  to  two  million  one  hundred thousand dollars each state
 fiscal year for the period April first, two thousand  seventeen  through
 March thirty-first, two thousand twenty; [and]
   (xiv) up to two million one hundred thousand dollars each state fiscal
 year for the period April first, two thousand twenty through March thir-
 ty-first, two thousand twenty-three; AND
   (XV)  UP TO TWO MILLION ONE HUNDRED THOUSAND DOLLARS EACH STATE FISCAL
 YEAR FOR THE PERIOD APRIL FIRST, TWO THOUSAND TWENTY-THREE THROUGH MARCH
 THIRTY-FIRST, TWO THOUSAND TWENTY-SIX.
 S. 4007                            65                            A. 3007
 
   (x) Funds shall be  deposited  by  the  commissioner,  within  amounts
 appropriated,  and  the  state  comptroller  is  hereby  authorized  and
 directed to receive for deposit to  the  credit  of  the  state  special
 revenue  funds  - other, HCRA transfer fund, medical assistance account,
 or  any  successor  fund  or  account, for purposes of funding the state
 share of the non-public general hospital rates increases for recruitment
 and retention of health care workers from the tobacco control and insur-
 ance initiatives pool established  for  the  following  periods  in  the
 following amounts:
   (i) twenty-seven million one hundred thousand dollars on an annualized
 basis  for  the  period January first, two thousand two through December
 thirty-first, two thousand two;
   (ii) fifty million eight hundred thousand  dollars  on  an  annualized
 basis  for the period January first, two thousand three through December
 thirty-first, two thousand three;
   (iii) sixty-nine million three hundred thousand dollars on an  annual-
 ized  basis  for  the  period  January  first, two thousand four through
 December thirty-first, two thousand four;
   (iv) sixty-nine million three hundred thousand dollars for the  period
 January  first,  two  thousand  five  through December thirty-first, two
 thousand five;
   (v) sixty-nine million three hundred thousand dollars for  the  period
 January first, two thousand six through December thirty-first, two thou-
 sand six;
   (vi)  sixty-five million three hundred thousand dollars for the period
 January first, two thousand seven  through  December  thirty-first,  two
 thousand seven;
   (vii)  sixty-one  million  one  hundred fifty thousand dollars for the
 period January first, two thousand eight through December  thirty-first,
 two thousand eight; and
   (viii)  forty-eight  million seven hundred twenty-one thousand dollars
 for the period January first, two thousand nine through November thirti-
 eth, two thousand nine.
   (y) Funds shall be reserved and accumulated  from  year  to  year  and
 shall  be  available, including income from invested funds, for purposes
 of grants to public general hospitals for recruitment and  retention  of
 health  care  workers pursuant to paragraph (b) of subdivision thirty of
 section twenty-eight hundred seven-c of this article  from  the  tobacco
 control  and  insurance  initiatives  pool established for the following
 periods in the following amounts:
   (i) eighteen million five hundred thousand dollars  on  an  annualized
 basis  for  the  period January first, two thousand two through December
 thirty-first, two thousand two;
   (ii) thirty-seven million four hundred thousand dollars on an  annual-
 ized  basis  for  the  period  January first, two thousand three through
 December thirty-first, two thousand three;
   (iii) fifty-two million two hundred thousand dollars on an  annualized
 basis  for  the period January first, two thousand four through December
 thirty-first, two thousand four;
   (iv) fifty-two million two hundred thousand  dollars  for  the  period
 January  first,  two  thousand  five  through December thirty-first, two
 thousand five;
   (v) fifty-two million two hundred  thousand  dollars  for  the  period
 January first, two thousand six through December thirty-first, two thou-
 sand six;
 S. 4007                            66                            A. 3007
 
   (vi)  forty-nine  million  dollars  for  the period January first, two
 thousand seven through December thirty-first, two thousand seven;
   (vii)  forty-nine  million  dollars  for the period January first, two
 thousand eight through December thirty-first, two thousand eight; and
   (viii) twelve million two hundred fifty thousand dollars for the peri-
 od January first, two thousand  nine  through  March  thirty-first,  two
 thousand nine.
   Provided,  however,  amounts pursuant to this paragraph may be reduced
 in an amount to be approved by the director of  the  budget  to  reflect
 amounts  received  from  the  federal  government under the state's 1115
 waiver which are directed under its terms and conditions to  the  health
 workforce recruitment and retention program.
   (z)  Funds  shall  be  deposited  by  the commissioner, within amounts
 appropriated,  and  the  state  comptroller  is  hereby  authorized  and
 directed  to  receive  for  deposit  to  the credit of the state special
 revenue funds - other, HCRA transfer fund, medical  assistance  account,
 or  any  successor  fund  or  account, for purposes of funding the state
 share of the non-public residential health care facility rate  increases
 for  recruitment  and retention of health care workers pursuant to para-
 graph (a) of subdivision eighteen of section twenty-eight hundred  eight
 of  this article from the tobacco control and insurance initiatives pool
 established for the following periods in the following amounts:
   (i) twenty-one million five hundred thousand dollars on an  annualized
 basis  for  the  period January first, two thousand two through December
 thirty-first, two thousand two;
   (ii) thirty-three million three hundred thousand dollars on an annual-
 ized basis for the period January  first,  two  thousand  three  through
 December thirty-first, two thousand three;
   (iii)  forty-six  million three hundred thousand dollars on an annual-
 ized basis for the period  January  first,  two  thousand  four  through
 December thirty-first, two thousand four;
   (iv)  forty-six  million three hundred thousand dollars for the period
 January first, two thousand  five  through  December  thirty-first,  two
 thousand five;
   (v)  forty-six  million  three hundred thousand dollars for the period
 January first, two thousand six through December thirty-first, two thou-
 sand six;
   (vi) thirty million nine hundred thousand dollars for the period Janu-
 ary first, two thousand seven through December thirty-first,  two  thou-
 sand seven;
   (vii) twenty-four million seven hundred thousand dollars for the peri-
 od  January first, two thousand eight through December thirty-first, two
 thousand eight;
   (viii) twelve million three hundred seventy-five thousand dollars  for
 the  period  January  first,  two thousand nine through December thirty-
 first, two thousand nine;
   (ix) nine million three hundred thousand dollars for the period  Janu-
 ary  first, two thousand ten through December thirty-first, two thousand
 ten; and
   (x) two million three hundred twenty-five  thousand  dollars  for  the
 period  January  first,  two thousand eleven through March thirty-first,
 two thousand eleven.
   (aa) Funds shall be reserved and accumulated from  year  to  year  and
 shall  be  available, including income from invested funds, for purposes
 of grants to public residential health care facilities  for  recruitment
 and retention of health care workers pursuant to paragraph (b) of subdi-
 S. 4007                            67                            A. 3007

 vision  eighteen  of  section twenty-eight hundred eight of this article
 from the tobacco control and insurance initiatives pool established  for
 the following periods in the following amounts:
   (i) seven million five hundred thousand dollars on an annualized basis
 for  the period January first, two thousand two through December thirty-
 first, two thousand two;
   (ii) eleven million seven hundred thousand dollars  on  an  annualized
 basis  for the period January first, two thousand three through December
 thirty-first, two thousand three;
   (iii) sixteen million two hundred thousand dollars  on  an  annualized
 basis  for  the period January first, two thousand four through December
 thirty-first, two thousand four;
   (iv) sixteen million two hundred thousand dollars for the period Janu-
 ary first, two thousand five through December thirty-first, two thousand
 five;
   (v) sixteen million two hundred thousand dollars for the period  Janu-
 ary  first, two thousand six through December thirty-first, two thousand
 six;
   (vi) ten million eight hundred thousand dollars for the period January
 first, two thousand seven through December  thirty-first,  two  thousand
 seven;
   (vii)  six million seven hundred fifty thousand dollars for the period
 January first, two thousand eight  through  December  thirty-first,  two
 thousand eight; and
   (viii) one million three hundred fifty thousand dollars for the period
 January  first,  two  thousand  nine  through December thirty-first, two
 thousand nine.
   (bb)(i) Funds shall be deposited by the commissioner,  within  amounts
 appropriated,  and  subject  to  the  availability  of federal financial
 participation, and  the  state  comptroller  is  hereby  authorized  and
 directed  to  receive  for  deposit  to  the credit of the state special
 revenue funds - other, HCRA transfer fund, medical  assistance  account,
 or  any  successor  fund  or  account, for the purpose of supporting the
 state share of adjustments to Medicaid rates  of  payment  for  personal
 care  services  provided pursuant to paragraph (e) of subdivision two of
 section three hundred sixty-five-a of the social services law, for local
 social service districts which include a city with a population of  over
 one  million  persons  and  computed  and distributed in accordance with
 memorandums of understanding to be entered into between the state of New
 York and such local social service districts for the purpose of support-
 ing the recruitment and retention of personal care  service  workers  or
 any  worker  with  direct  patient care responsibility, from the tobacco
 control and insurance initiatives pool  established  for  the  following
 periods and the following amounts:
   (A) forty-four million dollars, on an annualized basis, for the period
 April  first,  two thousand two through December thirty-first, two thou-
 sand two;
   (B) seventy-four million dollars, on  an  annualized  basis,  for  the
 period  January first, two thousand three through December thirty-first,
 two thousand three;
   (C) one hundred four million dollars, on an annualized basis, for  the
 period  January  first, two thousand four through December thirty-first,
 two thousand four;
   (D) one hundred thirty-six million dollars, on  an  annualized  basis,
 for  the  period January first, two thousand five through December thir-
 ty-first, two thousand five;
 S. 4007                            68                            A. 3007
 
   (E) one hundred thirty-six million dollars, on  an  annualized  basis,
 for  the period January first, two thousand six through December thirty-
 first, two thousand six;
   (F)  one  hundred  thirty-six  million  dollars for the period January
 first, two thousand seven through December  thirty-first,  two  thousand
 seven;
   (G)  one  hundred  thirty-six  million  dollars for the period January
 first, two thousand eight through December  thirty-first,  two  thousand
 eight;
   (H)  one  hundred  thirty-six  million  dollars for the period January
 first, two thousand nine through  December  thirty-first,  two  thousand
 nine;
   (I)  one  hundred  thirty-six  million  dollars for the period January
 first, two thousand ten through December thirty-first, two thousand ten;
   (J) thirty-four million dollars for  the  period  January  first,  two
 thousand eleven through March thirty-first, two thousand eleven;
   (K)  up  to  one  hundred thirty-six million dollars each state fiscal
 year for the period April first, two thousand eleven through March thir-
 ty-first, two thousand fourteen;
   (L) up to one hundred thirty-six million  dollars  each  state  fiscal
 year  for  the  period March thirty-first, two thousand fourteen through
 April first, two thousand seventeen;
   (M) up to one hundred thirty-six million  dollars  each  state  fiscal
 year  for  the  period April first, two thousand seventeen through March
 thirty-first, two thousand twenty; [and]
   (N) up to one hundred thirty-six million  dollars  each  state  fiscal
 year for the period April first, two thousand twenty through March thir-
 ty-first, two thousand twenty-three; AND
   (O)  UP  TO  ONE  HUNDRED THIRTY-SIX MILLION DOLLARS EACH STATE FISCAL
 YEAR FOR THE PERIOD APRIL FIRST, TWO THOUSAND TWENTY-THREE THROUGH MARCH
 THIRTY-FIRST, TWO THOUSAND TWENTY-SIX.
   (ii) Adjustments to Medicaid rates made  pursuant  to  this  paragraph
 shall  not, in aggregate, exceed the following amounts for the following
 periods:
   (A) for the period April first,  two  thousand  two  through  December
 thirty-first, two thousand two, one hundred ten million dollars;
   (B)  for the period January first, two thousand three through December
 thirty-first,  two  thousand  three,  one  hundred  eighty-five  million
 dollars;
   (C)  for  the period January first, two thousand four through December
 thirty-first, two thousand four, two hundred sixty million dollars;
   (D) for the period January first, two thousand five  through  December
 thirty-first, two thousand five, three hundred forty million dollars;
   (E)  for  the  period January first, two thousand six through December
 thirty-first, two thousand six, three hundred forty million dollars;
   (F) for the period January first, two thousand seven through  December
 thirty-first, two thousand seven, three hundred forty million dollars;
   (G)  for the period January first, two thousand eight through December
 thirty-first, two thousand eight, three hundred forty million dollars;
   (H) for the period January first, two thousand nine  through  December
 thirty-first, two thousand nine, three hundred forty million dollars;
   (I)  for  the  period January first, two thousand ten through December
 thirty-first, two thousand ten, three hundred forty million dollars;
   (J) for the period January first, two thousand  eleven  through  March
 thirty-first, two thousand eleven, eighty-five million dollars;
 S. 4007                            69                            A. 3007
 
   (K)  for  each  state  fiscal  year within the period April first, two
 thousand eleven through March thirty-first, two thousand fourteen, three
 hundred forty million dollars;
   (L)  for  each  state  fiscal  year within the period April first, two
 thousand fourteen through March thirty-first,  two  thousand  seventeen,
 three hundred forty million dollars;
   (M)  for  each  state  fiscal  year within the period April first, two
 thousand seventeen through  March  thirty-first,  two  thousand  twenty,
 three hundred forty million dollars; [and]
   (N)  for  each  state  fiscal  year within the period April first, two
 thousand twenty through March thirty-first, two  thousand  twenty-three,
 three hundred forty million dollars; AND
   (O)  FOR  EACH  STATE  FISCAL  YEAR WITHIN THE PERIOD APRIL FIRST, TWO
 THOUSAND TWENTY-THREE THROUGH MARCH THIRTY-FIRST, TWO  THOUSAND  TWENTY-
 SIX, THREE HUNDRED FORTY MILLION DOLLARS.
   (iii)  Personal care service providers which have their rates adjusted
 pursuant to this paragraph shall use  such  funds  for  the  purpose  of
 recruitment  and  retention  of  non-supervisory  personal care services
 workers or any worker with direct patient care responsibility  only  and
 are  prohibited  from  using such funds for any other purpose. Each such
 personal care services provider shall submit, at a time and in a  manner
 to  be determined by the commissioner, a written certification attesting
 that such funds will be used solely for the purpose of  recruitment  and
 retention of non-supervisory personal care services workers or any work-
 er  with direct patient care responsibility. The commissioner is author-
 ized to audit each such provider to ensure compliance with  the  written
 certification  required  by  this subdivision and shall recoup any funds
 determined to have been used for purposes  other  than  recruitment  and
 retention of non-supervisory personal care services workers or any work-
 er  with direct patient care responsibility. Such recoupment shall be in
 addition to any other penalties provided by law.
   (cc) Funds shall be deposited  by  the  commissioner,  within  amounts
 appropriated,  and  the  state  comptroller  is  hereby  authorized  and
 directed to receive for deposit to  the  credit  of  the  state  special
 revenue  funds  - other, HCRA transfer fund, medical assistance account,
 or any successor fund or account, for  the  purpose  of  supporting  the
 state  share  of  adjustments  to Medicaid rates of payment for personal
 care services provided pursuant to paragraph (e) of subdivision  two  of
 section three hundred sixty-five-a of the social services law, for local
 social  service  districts  which  shall not include a city with a popu-
 lation of over one million persons for the  purpose  of  supporting  the
 personal  care  services  worker  recruitment  and  retention program as
 established pursuant to  section  three  hundred  sixty-seven-q  of  the
 social  services law, from the tobacco control and insurance initiatives
 pool established for the following periods and the following amounts:
   (i) two million eight hundred thousand dollars for  the  period  April
 first, two thousand two through December thirty-first, two thousand two;
   (ii)  five  million  six  hundred  thousand  dollars, on an annualized
 basis, for the period January first, two thousand three through December
 thirty-first, two thousand three;
   (iii) eight million four hundred thousand dollars,  on  an  annualized
 basis,  for the period January first, two thousand four through December
 thirty-first, two thousand four;
   (iv) ten million eight hundred  thousand  dollars,  on  an  annualized
 basis,  for the period January first, two thousand five through December
 thirty-first, two thousand five;
 S. 4007                            70                            A. 3007
 
   (v) ten million eight  hundred  thousand  dollars,  on  an  annualized
 basis,  for  the period January first, two thousand six through December
 thirty-first, two thousand six;
   (vi)  eleven million two hundred thousand dollars for the period Janu-
 ary first, two thousand seven through December thirty-first,  two  thou-
 sand seven;
   (vii) eleven million two hundred thousand dollars for the period Janu-
 ary  first,  two thousand eight through December thirty-first, two thou-
 sand eight;
   (viii) eleven million two hundred  thousand  dollars  for  the  period
 January  first,  two  thousand  nine  through December thirty-first, two
 thousand nine;
   (ix) eleven million two hundred thousand dollars for the period  Janu-
 ary  first, two thousand ten through December thirty-first, two thousand
 ten;
   (x) two million eight hundred thousand dollars for the period  January
 first,  two  thousand  eleven  through  March thirty-first, two thousand
 eleven;
   (xi) up to eleven million two  hundred  thousand  dollars  each  state
 fiscal  year  for  the  period  April first, two thousand eleven through
 March thirty-first, two thousand fourteen;
   (xii) up to eleven million two hundred  thousand  dollars  each  state
 fiscal  year  for  the period April first, two thousand fourteen through
 March thirty-first, two thousand seventeen;
   (xiii) up to eleven million two hundred thousand  dollars  each  state
 fiscal  year  for the period April first, two thousand seventeen through
 March thirty-first, two thousand twenty; [and]
   (xiv) up to eleven million two hundred  thousand  dollars  each  state
 fiscal  year  for  the  period  April first, two thousand twenty through
 March thirty-first, two thousand twenty-three; AND
   (XV) UP TO ELEVEN MILLION TWO  HUNDRED  THOUSAND  DOLLARS  EACH  STATE
 FISCAL  YEAR  FOR  THE  PERIOD  APRIL  FIRST,  TWO THOUSAND TWENTY-THREE
 THROUGH MARCH THIRTY-FIRST, TWO THOUSAND TWENTY-SIX.
   (dd) Funds shall be deposited  by  the  commissioner,  within  amounts
 appropriated,  and  the  state  comptroller  is  hereby  authorized  and
 directed to receive for deposit to  the  credit  of  the  state  special
 revenue fund - other, HCRA transfer fund, medical assistance account, or
 any  successor  fund or account, for purposes of funding the state share
 of Medicaid expenditures for physician services from the tobacco control
 and insurance initiatives pool established for the following periods  in
 the following amounts:
   (i)  up to fifty-two million dollars for the period January first, two
 thousand two through December thirty-first, two thousand two;
   (ii) eighty-one million two hundred thousand dollars  for  the  period
 January  first,  two  thousand  three through December thirty-first, two
 thousand three;
   (iii) eighty-five million two hundred thousand dollars for the  period
 January  first,  two  thousand  four  through December thirty-first, two
 thousand four;
   (iv) eighty-five million two hundred thousand dollars for  the  period
 January  first,  two  thousand  five  through December thirty-first, two
 thousand five;
   (v) eighty-five million two hundred thousand dollars  for  the  period
 January first, two thousand six through December thirty-first, two thou-
 sand six;
 S. 4007                            71                            A. 3007
 
   (vi)  eighty-five  million two hundred thousand dollars for the period
 January first, two thousand seven  through  December  thirty-first,  two
 thousand seven;
   (vii)  eighty-five million two hundred thousand dollars for the period
 January first, two thousand eight  through  December  thirty-first,  two
 thousand eight;
   (viii) eighty-five million two hundred thousand dollars for the period
 January  first,  two  thousand  nine  through December thirty-first, two
 thousand nine;
   (ix) eighty-five million two hundred thousand dollars for  the  period
 January first, two thousand ten through December thirty-first, two thou-
 sand ten;
   (x)  twenty-one  million three hundred thousand dollars for the period
 January first, two thousand eleven through March thirty-first, two thou-
 sand eleven; and
   (xi) eighty-five million  two  hundred  thousand  dollars  each  state
 fiscal  year  for  the  period  April first, two thousand eleven through
 March thirty-first, two thousand fourteen.
   (ee) Funds shall be deposited  by  the  commissioner,  within  amounts
 appropriated,  and  the  state  comptroller  is  hereby  authorized  and
 directed to receive for deposit to  the  credit  of  the  state  special
 revenue fund - other, HCRA transfer fund, medical assistance account, or
 any  successor  fund or account, for purposes of funding the state share
 of the free-standing diagnostic and treatment center rate increases  for
 recruitment and retention of health care workers pursuant to subdivision
 seventeen of section twenty-eight hundred seven of this article from the
 tobacco  control  and  insurance  initiatives  pool  established for the
 following periods in the following amounts:
   (i) three million two hundred fifty thousand dollars  for  the  period
 April  first,  two thousand two through December thirty-first, two thou-
 sand two;
   (ii) three million two hundred fifty thousand dollars on an annualized
 basis for the period January first, two thousand three through  December
 thirty-first, two thousand three;
   (iii)  three  million two hundred fifty thousand dollars on an annual-
 ized basis for the period  January  first,  two  thousand  four  through
 December thirty-first, two thousand four;
   (iv)  three  million two hundred fifty thousand dollars for the period
 January first, two thousand  five  through  December  thirty-first,  two
 thousand five;
   (v)  three  million  two hundred fifty thousand dollars for the period
 January first, two thousand six through December thirty-first, two thou-
 sand six;
   (vi) three million two hundred fifty thousand dollars for  the  period
 January  first,  two  thousand  seven through December thirty-first, two
 thousand seven;
   (vii) three million four hundred thirty-eight thousand dollars for the
 period January first, two thousand eight through December  thirty-first,
 two thousand eight;
   (viii)  two million four hundred fifty thousand dollars for the period
 January first, two thousand  nine  through  December  thirty-first,  two
 thousand nine;
   (ix)  one million five hundred thousand dollars for the period January
 first, two thousand ten through December thirty-first, two thousand ten;
 and
 S. 4007                            72                            A. 3007
 
   (x) three hundred twenty-five thousand dollars for the period  January
 first,  two  thousand  eleven  through  March thirty-first, two thousand
 eleven.
   (ff)  Funds  shall  be  deposited  by the commissioner, within amounts
 appropriated,  and  the  state  comptroller  is  hereby  authorized  and
 directed  to  receive  for  deposit  to  the credit of the state special
 revenue fund - other, HCRA transfer fund, medical assistance account, or
 any successor fund or account, for purposes of funding the  state  share
 of  Medicaid expenditures for disabled persons as authorized pursuant to
 former subparagraphs twelve and thirteen of paragraph (a) of subdivision
 one of section three hundred sixty-six of the social services  law  from
 the  tobacco  control and insurance initiatives pool established for the
 following periods in the following amounts:
   (i) one million eight hundred thousand dollars for  the  period  April
 first, two thousand two through December thirty-first, two thousand two;
   (ii)  sixteen  million  four hundred thousand dollars on an annualized
 basis for the period January first, two thousand three through  December
 thirty-first, two thousand three;
   (iii) eighteen million seven hundred thousand dollars on an annualized
 basis  for  the period January first, two thousand four through December
 thirty-first, two thousand four;
   (iv) thirty million six hundred thousand dollars for the period  Janu-
 ary first, two thousand five through December thirty-first, two thousand
 five;
   (v) thirty million six hundred thousand dollars for the period January
 first, two thousand six through December thirty-first, two thousand six;
   (vi)  thirty million six hundred thousand dollars for the period Janu-
 ary first, two thousand seven through December thirty-first,  two  thou-
 sand seven;
   (vii)  fifteen million dollars for the period January first, two thou-
 sand eight through December thirty-first, two thousand eight;
   (viii) fifteen million dollars for the period January first, two thou-
 sand nine through December thirty-first, two thousand nine;
   (ix) fifteen million dollars for the period January first,  two  thou-
 sand ten through December thirty-first, two thousand ten;
   (x)  three million seven hundred fifty thousand dollars for the period
 January first, two thousand eleven through March thirty-first, two thou-
 sand eleven;
   (xi) fifteen million dollars each state fiscal  year  for  the  period
 April  first,  two thousand eleven through March thirty-first, two thou-
 sand fourteen;
   (xii) fifteen million dollars each state fiscal year  for  the  period
 April first, two thousand fourteen through March thirty-first, two thou-
 sand seventeen;
   (xiii)  fifteen  million dollars each state fiscal year for the period
 April first, two thousand  seventeen  through  March  thirty-first,  two
 thousand twenty; [and]
   (xiv)  fifteen  million  dollars each state fiscal year for the period
 April first, two thousand twenty through March thirty-first,  two  thou-
 sand twenty-three; AND
   (XV)  FIFTEEN  MILLION  DOLLARS  EACH STATE FISCAL YEAR FOR THE PERIOD
 APRIL FIRST, TWO THOUSAND TWENTY-THREE THROUGH MARCH  THIRTY-FIRST,  TWO
 THOUSAND TWENTY-SIX.
   (gg)  Funds  shall  be  reserved and accumulated from year to year and
 shall be available, including income from invested funds,  for  purposes
 of  grants  to non-public general hospitals pursuant to paragraph (c) of
 S. 4007                            73                            A. 3007

 subdivision thirty of section twenty-eight hundred seven-c of this arti-
 cle from the tobacco control and insurance initiatives pool  established
 for the following periods in the following amounts:
   (i)  up to one million three hundred thousand dollars on an annualized
 basis for the period January first, two thousand  two  through  December
 thirty-first, two thousand two;
   (ii) up to three million two hundred thousand dollars on an annualized
 basis  for the period January first, two thousand three through December
 thirty-first, two thousand three;
   (iii) up to five million six hundred thousand dollars on an annualized
 basis for the period January first, two thousand four  through  December
 thirty-first, two thousand four;
   (iv)  up  to eight million six hundred thousand dollars for the period
 January first, two thousand  five  through  December  thirty-first,  two
 thousand five;
   (v)  up to eight million six hundred thousand dollars on an annualized
 basis for the period January first, two thousand  six  through  December
 thirty-first, two thousand six;
   (vi)  up  to  two  million six hundred thousand dollars for the period
 January first, two thousand seven  through  December  thirty-first,  two
 thousand seven;
   (vii)  up  to  two million six hundred thousand dollars for the period
 January first, two thousand eight  through  December  thirty-first,  two
 thousand eight;
   (viii)  up  to two million six hundred thousand dollars for the period
 January first, two thousand  nine  through  December  thirty-first,  two
 thousand nine;
   (ix)  up  to  two  million six hundred thousand dollars for the period
 January first, two thousand ten through December thirty-first, two thou-
 sand ten; and
   (x) up to six hundred fifty thousand dollars for  the  period  January
 first,  two  thousand  eleven  through  March thirty-first, two thousand
 eleven.
   (hh) Funds shall be deposited  by  the  commissioner,  within  amounts
 appropriated,  and  the  state  comptroller  is  hereby  authorized  and
 directed to receive for deposit to the credit  of  the  special  revenue
 fund  -  other,  HCRA  transfer  fund,  medical  assistance  account for
 purposes of providing financial assistance to  residential  health  care
 facilities  pursuant  to subdivisions nineteen and twenty-one of section
 twenty-eight hundred eight of this article, from the tobacco control and
 insurance initiatives pool established for the following periods in  the
 following amounts:
   (i)  for  the  period  April  first, two thousand two through December
 thirty-first, two thousand two, ten million dollars;
   (ii) for the period January first, two thousand three through December
 thirty-first, two thousand three, nine million four hundred fifty  thou-
 sand dollars;
   (iii) for the period January first, two thousand four through December
 thirty-first,  two thousand four, nine million three hundred fifty thou-
 sand dollars;
   (iv) up to fifteen million dollars for the period January  first,  two
 thousand five through December thirty-first, two thousand five;
   (v)  up  to  fifteen million dollars for the period January first, two
 thousand six through December thirty-first, two thousand six;
   (vi) up to fifteen million dollars for the period January  first,  two
 thousand seven through December thirty-first, two thousand seven;
 S. 4007                            74                            A. 3007

   (vii)  up to fifteen million dollars for the period January first, two
 thousand eight through December thirty-first, two thousand eight;
   (viii) up to fifteen million dollars for the period January first, two
 thousand nine through December thirty-first, two thousand nine;
   (ix)  up  to fifteen million dollars for the period January first, two
 thousand ten through December thirty-first, two thousand ten;
   (x) up to three million seven hundred fifty thousand dollars  for  the
 period  January  first,  two thousand eleven through March thirty-first,
 two thousand eleven; and
   (xi) fifteen million dollars each state fiscal  year  for  the  period
 April  first,  two thousand eleven through March thirty-first, two thou-
 sand fourteen.
   (ii) Funds shall be deposited  by  the  commissioner,  within  amounts
 appropriated,  and  the  state  comptroller  is  hereby  authorized  and
 directed to receive for deposit to  the  credit  of  the  state  special
 revenue  funds  - other, HCRA transfer fund, medical assistance account,
 or any successor fund or account, for  the  purpose  of  supporting  the
 state  share of Medicaid expenditures for disabled persons as authorized
 by sections 1619 (a) and (b) of the federal social security act pursuant
 to the tobacco control and insurance initiatives  pool  established  for
 the following periods in the following amounts:
   (i)  six  million  four  hundred thousand dollars for the period April
 first, two thousand two through December thirty-first, two thousand two;
   (ii) eight million five hundred thousand dollars, for the period Janu-
 ary first, two thousand three through December thirty-first,  two  thou-
 sand three;
   (iii) eight million five hundred thousand dollars for the period Janu-
 ary first, two thousand four through December thirty-first, two thousand
 four;
   (iv)  eight million five hundred thousand dollars for the period Janu-
 ary first, two thousand five through December thirty-first, two thousand
 five;
   (v) eight million five hundred thousand dollars for the period January
 first, two thousand six through December thirty-first, two thousand six;
   (vi) eight million six hundred thousand dollars for the period January
 first, two thousand seven through December  thirty-first,  two  thousand
 seven;
   (vii) eight million five hundred thousand dollars for the period Janu-
 ary  first,  two thousand eight through December thirty-first, two thou-
 sand eight;
   (viii) eight million five hundred  thousand  dollars  for  the  period
 January  first,  two  thousand  nine  through December thirty-first, two
 thousand nine;
   (ix) eight million five hundred thousand dollars for the period  Janu-
 ary  first, two thousand ten through December thirty-first, two thousand
 ten;
   (x) two million one hundred twenty-five thousand dollars for the peri-
 od January first, two thousand eleven through  March  thirty-first,  two
 thousand eleven;
   (xi)  eight  million  five  hundred thousand dollars each state fiscal
 year for the period April first, two thousand eleven through March thir-
 ty-first, two thousand fourteen;
   (xii) eight million five hundred thousand dollars  each  state  fiscal
 year  for  the  period  April first, two thousand fourteen through March
 thirty-first, two thousand seventeen;
 S. 4007                            75                            A. 3007
 
   (xiii) eight million five hundred thousand dollars each  state  fiscal
 year  for  the  period April first, two thousand seventeen through March
 thirty-first, two thousand twenty; [and]
   (xiv)  eight  million  five hundred thousand dollars each state fiscal
 year for the period April first, two thousand twenty through March thir-
 ty-first, two thousand twenty-three; AND
   (XV) EIGHT MILLION FIVE HUNDRED THOUSAND  DOLLARS  EACH  STATE  FISCAL
 YEAR FOR THE PERIOD APRIL FIRST, TWO THOUSAND TWENTY-THREE THROUGH MARCH
 THIRTY-FIRST, TWO THOUSAND TWENTY-SIX.
   (jj)  Funds  shall  be  reserved and accumulated from year to year and
 shall be available,  including  income  from  invested  funds,  for  the
 purposes  of  a grant program to improve access to infertility services,
 treatments and procedures, from the tobacco control and insurance initi-
 atives pool established for the period January first, two  thousand  two
 through  December  thirty-first,  two thousand two in the amount of nine
 million one hundred seventy-five thousand dollars, for the period  April
 first,  two  thousand six through March thirty-first, two thousand seven
 in the amount of five million dollars, for the period April  first,  two
 thousand  seven  through  March  thirty-first, two thousand eight in the
 amount of five million dollars, for the period April first, two thousand
 eight through March thirty-first, two thousand nine  in  the  amount  of
 five  million dollars, and for the period April first, two thousand nine
 through March thirty-first, two thousand  ten  in  the  amount  of  five
 million  dollars,  for  the period April first, two thousand ten through
 March thirty-first, two thousand eleven in the amount of two million two
 hundred thousand dollars, and for the period April first,  two  thousand
 eleven through March thirty-first, two thousand twelve up to one million
 one hundred thousand dollars.
   (kk)  Funds  shall  be  deposited  by the commissioner, within amounts
 appropriated,  and  the  state  comptroller  is  hereby  authorized  and
 directed  to  receive  for  deposit  to  the credit of the state special
 revenue funds -- other, HCRA transfer fund, medical assistance  account,
 or  any  successor  fund  or  account, for purposes of funding the state
 share of  Medical  Assistance  Program  expenditures  from  the  tobacco
 control  and  insurance  initiatives  pool established for the following
 periods in the following amounts:
   (i) thirty-eight million eight hundred thousand dollars for the period
 January first, two thousand two through December thirty-first, two thou-
 sand two;
   (ii) up to two hundred ninety-five  million  dollars  for  the  period
 January  first,  two  thousand  three through December thirty-first, two
 thousand three;
   (iii) up to four hundred seventy-two million dollars  for  the  period
 January  first,  two  thousand  four  through December thirty-first, two
 thousand four;
   (iv) up to nine hundred million dollars for the period January  first,
 two thousand five through December thirty-first, two thousand five;
   (v)  up  to  eight  hundred  sixty-six  million three hundred thousand
 dollars for the period January first, two thousand six through  December
 thirty-first, two thousand six;
   (vi)  up to six hundred sixteen million seven hundred thousand dollars
 for the period January first, two thousand seven through December  thir-
 ty-first, two thousand seven;
   (vii)  up  to  five hundred seventy-eight million nine hundred twenty-
 five thousand dollars for the period January first, two  thousand  eight
 through December thirty-first, two thousand eight; and
 S. 4007                            76                            A. 3007
 
   (viii)  within  amounts  appropriated  on and after January first, two
 thousand nine.
   (ll)  Funds  shall  be  deposited  by the commissioner, within amounts
 appropriated,  and  the  state  comptroller  is  hereby  authorized  and
 directed  to  receive  for  deposit  to  the credit of the state special
 revenue funds -- other, HCRA transfer fund, medical assistance  account,
 or  any  successor  fund  or  account, for purposes of funding the state
 share of Medicaid expenditures related to the city of New York from  the
 tobacco  control  and  insurance  initiatives  pool  established for the
 following periods in the following amounts:
   (i) eighty-two million seven hundred thousand dollars for  the  period
 January first, two thousand two through December thirty-first, two thou-
 sand two;
   (ii)  one hundred twenty-four million six hundred thousand dollars for
 the period January first, two thousand three  through  December  thirty-
 first, two thousand three;
   (iii)  one  hundred twenty-four million seven hundred thousand dollars
 for the period January first, two thousand four through  December  thir-
 ty-first, two thousand four;
   (iv)  one  hundred  twenty-four million seven hundred thousand dollars
 for the period January first, two thousand five through  December  thir-
 ty-first, two thousand five;
   (v) one hundred twenty-four million seven hundred thousand dollars for
 the  period  January  first,  two  thousand six through December thirty-
 first, two thousand six;
   (vi) one hundred twenty-four million seven  hundred  thousand  dollars
 for  the period January first, two thousand seven through December thir-
 ty-first, two thousand seven;
   (vii) one hundred twenty-four million seven hundred  thousand  dollars
 for  the period January first, two thousand eight through December thir-
 ty-first, two thousand eight;
   (viii) one hundred twenty-four million seven hundred thousand  dollars
 for  the  period January first, two thousand nine through December thir-
 ty-first, two thousand nine;
   (ix) one hundred twenty-four million seven  hundred  thousand  dollars
 for  the period January first, two thousand ten through December thirty-
 first, two thousand ten;
   (x) thirty-one million one hundred seventy-five thousand  dollars  for
 the  period  January  first,  two  thousand eleven through March thirty-
 first, two thousand eleven; and
   (xi) one hundred twenty-four million seven  hundred  thousand  dollars
 each  state  fiscal year for the period April first, two thousand eleven
 through March thirty-first, two thousand fourteen.
   (mm) Funds shall be deposited  by  the  commissioner,  within  amounts
 appropriated,  and  the  state  comptroller  is  hereby  authorized  and
 directed to receive for deposit to  the  credit  of  the  state  special
 revenue  funds  - other, HCRA transfer fund, medical assistance account,
 or any successor fund or account,  for  purposes  of  funding  specified
 percentages  of  the state share of services and expenses related to the
 family health plus program in accordance with the following schedule:
   (i) (A) for the period  January  first,  two  thousand  three  through
 December  thirty-first,  two  thousand  four, one hundred percent of the
 state share;
   (B) for the period January first, two thousand five  through  December
 thirty-first,  two  thousand  five,  seventy-five  percent  of the state
 share; and
 S. 4007                            77                            A. 3007
 
   (C) for periods beginning on and after  January  first,  two  thousand
 six, fifty percent of the state share.
   (ii)  Funding  for  the  family health plus program will include up to
 five million dollars annually for the period January first, two thousand
 three through December  thirty-first,  two  thousand  six,  up  to  five
 million dollars for the period January first, two thousand seven through
 December  thirty-first,  two  thousand  seven,  up  to seven million two
 hundred thousand dollars for the  period  January  first,  two  thousand
 eight  through  December  thirty-first,  two thousand eight, up to seven
 million two hundred thousand dollars for the period January  first,  two
 thousand  nine  through  December thirty-first, two thousand nine, up to
 seven million two hundred thousand dollars for the period January first,
 two thousand ten through December thirty-first, two thousand ten, up  to
 one million eight hundred thousand dollars for the period January first,
 two  thousand eleven through March thirty-first, two thousand eleven, up
 to six million forty-nine thousand dollars for the period  April  first,
 two  thousand eleven through March thirty-first, two thousand twelve, up
 to six million two hundred eighty-nine thousand dollars for  the  period
 April  first,  two thousand twelve through March thirty-first, two thou-
 sand thirteen, and up to six million  four  hundred  sixty-one  thousand
 dollars  for the period April first, two thousand thirteen through March
 thirty-first, two thousand fourteen, for  administration  and  marketing
 costs  associated  with such program established pursuant to clauses (A)
 and (B) of subparagraph (v) of paragraph (a) of subdivision two  of  THE
 FORMER  section  three  hundred sixty-nine-ee of the social services law
 from the tobacco control and insurance initiatives pool established  for
 the following periods in the following amounts:
   (A)  one  hundred  ninety million six hundred thousand dollars for the
 period January first, two thousand three through December  thirty-first,
 two thousand three;
   (B)  three hundred seventy-four million dollars for the period January
 first, two thousand four through  December  thirty-first,  two  thousand
 four;
   (C)  five  hundred  thirty-eight million four hundred thousand dollars
 for the period January first, two thousand five through  December  thir-
 ty-first, two thousand five;
   (D) three hundred eighteen million seven hundred seventy-five thousand
 dollars  for the period January first, two thousand six through December
 thirty-first, two thousand six;
   (E) four hundred eighty-two million eight hundred thousand dollars for
 the period January first, two thousand seven  through  December  thirty-
 first, two thousand seven;
   (F)  five hundred seventy million twenty-five thousand dollars for the
 period January first, two thousand eight through December  thirty-first,
 two thousand eight;
   (G) six hundred ten million seven hundred twenty-five thousand dollars
 for  the  period January first, two thousand nine through December thir-
 ty-first, two thousand nine;
   (H) six hundred twenty-seven million two hundred seventy-five thousand
 dollars for the period January first, two thousand ten through  December
 thirty-first, two thousand ten;
   (I)  one  hundred fifty-seven million eight hundred seventy-five thou-
 sand dollars for the period January first, two thousand  eleven  through
 March thirty-first, two thousand eleven;
 S. 4007                            78                            A. 3007
 
   (J) six hundred twenty-eight million four hundred thousand dollars for
 the  period April first, two thousand eleven through March thirty-first,
 two thousand twelve;
   (K)  six  hundred  fifty million four hundred thousand dollars for the
 period April first, two thousand twelve through March thirty-first,  two
 thousand thirteen;
   (L)  six  hundred  fifty million four hundred thousand dollars for the
 period April first, two thousand thirteen  through  March  thirty-first,
 two thousand fourteen; and
   (M)  up to three hundred ten million five hundred ninety-five thousand
 dollars for the period April first, two thousand fourteen through  March
 thirty-first, two thousand fifteen.
   (nn)  Funds  shall  be  deposited  by the commissioner, within amounts
 appropriated,  and  the  state  comptroller  is  hereby  authorized  and
 directed  to  receive  for  deposit  to  the credit of the state special
 revenue fund - other, HCRA transfer fund, health care services  account,
 or  any  successor  fund  or account, for purposes related to adult home
 initiatives for medicaid eligible residents  of  residential  facilities
 licensed pursuant to section four hundred sixty-b of the social services
 law  from the tobacco control and insurance initiatives pool established
 for the following periods in the following amounts:
   (i) up to four million dollars for the period January first, two thou-
 sand three through December thirty-first, two thousand three;
   (ii) up to six million dollars for the period January first, two thou-
 sand four through December thirty-first, two thousand four;
   (iii) up to eight million dollars for the period  January  first,  two
 thousand   five   through  December  thirty-first,  two  thousand  five,
 provided, however, that up to five million two  hundred  fifty  thousand
 dollars of such funds shall be received by the comptroller and deposited
 to  the  credit of the special revenue fund - other / aid to localities,
 HCRA transfer fund - 061, enhanced community services account -  05,  or
 any  successor fund or account, for the purposes set forth in this para-
 graph;
   (iv) up to eight million dollars for the  period  January  first,  two
 thousand  six through December thirty-first, two thousand six, provided,
 however, that up to five million two hundred fifty thousand  dollars  of
 such  funds  shall  be  received by the comptroller and deposited to the
 credit of the special revenue fund - other /  aid  to  localities,  HCRA
 transfer  fund  -  061, enhanced community services account - 05, or any
 successor fund or account, for the purposes set forth in this paragraph;
   (v) up to eight million dollars for  the  period  January  first,  two
 thousand  seven  through  December  thirty-first,  two  thousand  seven,
 provided, however, that up to five million two  hundred  fifty  thousand
 dollars of such funds shall be received by the comptroller and deposited
 to  the  credit of the special revenue fund - other / aid to localities,
 HCRA transfer fund - 061, enhanced community services account -  05,  or
 any  successor fund or account, for the purposes set forth in this para-
 graph;
   (vi) up to two million seven hundred fifty thousand  dollars  for  the
 period  January first, two thousand eight through December thirty-first,
 two thousand eight;
   (vii) up to two million seven hundred fifty thousand dollars  for  the
 period  January  first, two thousand nine through December thirty-first,
 two thousand nine;
 S. 4007                            79                            A. 3007
 
   (viii) up to two million seven hundred fifty thousand dollars for  the
 period  January  first,  two thousand ten through December thirty-first,
 two thousand ten; and
   (ix)  up  to  six hundred eighty-eight thousand dollars for the period
 January first, two thousand eleven through March thirty-first, two thou-
 sand eleven.
   (oo) Funds shall be reserved and accumulated from  year  to  year  and
 shall  be  available, including income from invested funds, for purposes
 of grants to non-public general hospitals pursuant to paragraph  (e)  of
 subdivision  twenty-five of section twenty-eight hundred seven-c of this
 article from the tobacco control and insurance initiatives  pool  estab-
 lished for the following periods in the following amounts:
   (i)  up  to five million dollars on an annualized basis for the period
 January first, two thousand  four  through  December  thirty-first,  two
 thousand four;
   (ii)  up  to  five  million  dollars for the period January first, two
 thousand five through December thirty-first, two thousand five;
   (iii) up to five million dollars for the  period  January  first,  two
 thousand six through December thirty-first, two thousand six;
   (iv)  up  to  five  million  dollars for the period January first, two
 thousand seven through December thirty-first, two thousand seven;
   (v) up to five million dollars for the period January first, two thou-
 sand eight through December thirty-first, two thousand eight;
   (vi) up to five million dollars for  the  period  January  first,  two
 thousand nine through December thirty-first, two thousand nine;
   (vii)  up  to  five  million dollars for the period January first, two
 thousand ten through December thirty-first, two thousand ten; and
   (viii) up to one million two hundred fifty thousand  dollars  for  the
 period  January  first,  two thousand eleven through March thirty-first,
 two thousand eleven.
   (pp) Funds shall be reserved and accumulated from  year  to  year  and
 shall  be  available,  including  income  from  invested  funds, for the
 purpose of supporting the provision of tax credits for  long  term  care
 insurance  pursuant  to subdivision one of section one hundred ninety of
 the tax law, paragraph  (a)  of  subdivision  fourteen  of  section  two
 hundred ten-B of such law, subsection (aa) of section six hundred six of
 such law and paragraph one of subdivision (m) of section fifteen hundred
 eleven of such law, in the following amounts:
   (i)  ten  million  dollars  for the period January first, two thousand
 four through December thirty-first, two thousand four;
   (ii) ten million dollars for the period January  first,  two  thousand
 five through December thirty-first, two thousand five;
   (iii)  ten  million dollars for the period January first, two thousand
 six through December thirty-first, two thousand six; and
   (iv) five million dollars for the period January first,  two  thousand
 seven through June thirtieth, two thousand seven.
   (qq)  Funds  shall  be  reserved and accumulated from year to year and
 shall be available,  including  income  from  invested  funds,  for  the
 purpose  of  supporting  the  long-term  care  insurance  education  and
 outreach program established pursuant to section two hundred seventeen-a
 of the elder law for the following periods in the following amounts:
   (i) up to five million dollars for the period January first, two thou-
 sand four through December thirty-first,  two  thousand  four;  of  such
 funds  one  million  nine  hundred  fifty thousand dollars shall be made
 available to the department for the purpose of developing,  implementing
 and  administering  the  long-term care insurance education and outreach
 S. 4007                            80                            A. 3007
 
 program and three million fifty thousand dollars shall be  deposited  by
 the  commissioner,  within  amounts appropriated, and the comptroller is
 hereby authorized and directed to receive for deposit to the  credit  of
 the  special  revenue  funds - other, HCRA transfer fund, long term care
 insurance resource center account of the state office for the  aging  or
 any  future  account designated for the purpose of implementing the long
 term care insurance education and outreach  program  and  providing  the
 long  term  care insurance resource centers with the necessary resources
 to carry out their operations;
   (ii) up to five million dollars for  the  period  January  first,  two
 thousand  five through December thirty-first, two thousand five; of such
 funds one million nine hundred fifty  thousand  dollars  shall  be  made
 available  to the department for the purpose of developing, implementing
 and administering the long-term care insurance  education  and  outreach
 program  and  three million fifty thousand dollars shall be deposited by
 the commissioner, within amounts appropriated, and  the  comptroller  is
 hereby  authorized  and directed to receive for deposit to the credit of
 the special revenue funds - other, HCRA transfer fund,  long  term  care
 insurance  resource  center account of the state office for the aging or
 any future account designated for the purpose of implementing  the  long
 term  care  insurance  education  and outreach program and providing the
 long term care insurance resource centers with the  necessary  resources
 to carry out their operations;
   (iii)  up  to  five  million dollars for the period January first, two
 thousand six through December thirty-first, two thousand  six;  of  such
 funds  one  million  nine  hundred  fifty thousand dollars shall be made
 available to the department for the purpose of developing,  implementing
 and  administering  the  long-term care insurance education and outreach
 program and three million fifty thousand dollars shall be made available
 to the office for the aging for the purpose of providing the  long  term
 care  insurance  resource  centers with the necessary resources to carry
 out their operations;
   (iv) up to five million dollars for  the  period  January  first,  two
 thousand  seven  through  December  thirty-first, two thousand seven; of
 such funds one million nine hundred fifty thousand dollars shall be made
 available to the department for the purpose of developing,  implementing
 and  administering  the  long-term care insurance education and outreach
 program and three million fifty thousand dollars shall be made available
 to the office for the aging for the purpose of providing the  long  term
 care  insurance  resource  centers with the necessary resources to carry
 out their operations;
   (v) up to five million dollars for the period January first, two thou-
 sand eight through December thirty-first, two thousand  eight;  of  such
 funds  one  million  nine  hundred  fifty thousand dollars shall be made
 available to the department for the purpose of developing,  implementing
 and  administering  the  long term care insurance education and outreach
 program and three million fifty thousand dollars shall be made available
 to the office for the aging for the purpose of providing the  long  term
 care  insurance  resource  centers with the necessary resources to carry
 out their operations;
   (vi) up to five million dollars for  the  period  January  first,  two
 thousand  nine through December thirty-first, two thousand nine; of such
 funds one million nine hundred fifty  thousand  dollars  shall  be  made
 available  to the department for the purpose of developing, implementing
 and administering the long-term care insurance  education  and  outreach
 program and three million fifty thousand dollars shall be made available
 S. 4007                            81                            A. 3007
 
 to  the  office for the aging for the purpose of providing the long-term
 care insurance resource centers with the necessary  resources  to  carry
 out their operations;
   (vii)  up to four hundred eighty-eight thousand dollars for the period
 January first, two thousand ten through March thirty-first, two thousand
 ten; of such funds four hundred eighty-eight thousand dollars  shall  be
 made  available  to the department for the purpose of developing, imple-
 menting and administering the long-term  care  insurance  education  and
 outreach program.
   (rr)  Funds shall be reserved and accumulated from the tobacco control
 and insurance initiatives pool and shall be available, including  income
 from  invested  funds, for the purpose of supporting expenses related to
 implementation of the provisions of title three of article twenty-nine-D
 of this chapter, for the following periods and in the following amounts:
   (i) up to ten million dollars for the period January first, two  thou-
 sand six through December thirty-first, two thousand six;
   (ii) up to ten million dollars for the period January first, two thou-
 sand seven through December thirty-first, two thousand seven;
   (iii)  up  to  ten  million  dollars for the period January first, two
 thousand eight through December thirty-first, two thousand eight;
   (iv) up to ten million dollars for the period January first, two thou-
 sand nine through December thirty-first, two thousand nine;
   (v) up to ten million dollars for the period January first, two  thou-
 sand ten through December thirty-first, two thousand ten; and
   (vi)  up  to  two million five hundred thousand dollars for the period
 January first, two thousand eleven through March thirty-first, two thou-
 sand eleven.
   (ss) Funds shall be reserved and accumulated from the tobacco  control
 and  insurance initiatives pool and used for a health care stabilization
 program established by the commissioner for the purposes of  stabilizing
 critical health care providers and health care programs whose ability to
 continue  to provide appropriate services are threatened by financial or
 other challenges, in the amount of up to  twenty-eight  million  dollars
 for the period July first, two thousand four through June thirtieth, two
 thousand  five.  Notwithstanding  the  provisions of section one hundred
 twelve of the state finance law or any other inconsistent  provision  of
 the state finance law or any other law, funds available for distribution
 pursuant  to  this  paragraph  may  be  allocated and distributed by the
 commissioner, or the state comptroller as applicable without  a  compet-
 itive bid or request for proposal process. Considerations relied upon by
 the commissioner in determining the allocation and distribution of these
 funds  shall  include,  but  not  be  limited to, the following: (i) the
 importance of the provider or program in meeting  critical  health  care
 needs  in  the  community  in  which  it  operates; (ii) the provider or
 program provision of care to under-served populations; (iii) the quality
 of the care or services the provider or program delivers; (iv) the abil-
 ity of the provider or program to continue  to  deliver  an  appropriate
 level  of  care or services if additional funding is made available; (v)
 the ability of the provider or program to access, in  a  timely  manner,
 alternative  sources  of  funding, including other sources of government
 funding; (vi) the ability of other providers or programs in the communi-
 ty to meet the community health care needs; (vii) whether  the  provider
 or  program  has an appropriate plan to improve its financial condition;
 and (viii) whether additional  funding  would  permit  the  provider  or
 program  to  consolidate,  relocate, or close programs or services where
 S. 4007                            82                            A. 3007
 
 such actions would result in greater stability  and  efficiency  in  the
 delivery of needed health care services or programs.
   (tt)  Funds  shall  be  reserved and accumulated from year to year and
 shall be available, including income from invested funds,  for  purposes
 of  providing  grants  for  two  long  term  care demonstration projects
 designed to test new models for the delivery of long term care  services
 established  pursuant  to  section  twenty-eight hundred seven-x of this
 chapter, for the following periods and in the following amounts:
   (i) up to five hundred thousand dollars for the period January  first,
 two thousand four through December thirty-first, two thousand four;
   (ii) up to five hundred thousand dollars for the period January first,
 two thousand five through December thirty-first, two thousand five;
   (iii)  up  to  five  hundred  thousand  dollars for the period January
 first, two thousand six through December thirty-first, two thousand six;
   (iv) up to one million dollars for the period January first, two thou-
 sand seven through December thirty-first, two thousand seven; and
   (v) up to two hundred fifty thousand dollars for  the  period  January
 first,  two  thousand  eight  through  March  thirty-first, two thousand
 eight.
   (uu) Funds shall be reserved and accumulated from  year  to  year  and
 shall  be  available,  including  income  from  invested  funds, for the
 purpose of supporting disease management and telemedicine  demonstration
 programs  authorized  pursuant  to  section twenty-one hundred eleven of
 this chapter for the following periods in the following amounts:
   (i) five million dollars for the period January  first,  two  thousand
 four  through  December  thirty-first, two thousand four, of which three
 million dollars shall be available for disease management  demonstration
 programs  and  two  million  dollars shall be available for telemedicine
 demonstration programs;
   (ii) five million dollars for the period January first,  two  thousand
 five  through  December  thirty-first, two thousand five, of which three
 million dollars shall be available for disease management  demonstration
 programs  and  two  million  dollars shall be available for telemedicine
 demonstration programs;
   (iii) nine million five hundred thousand dollars for the period  Janu-
 ary  first, two thousand six through December thirty-first, two thousand
 six, of which seven million  five  hundred  thousand  dollars  shall  be
 available  for disease management demonstration programs and two million
 dollars shall be available for telemedicine demonstration programs;
   (iv) nine million five hundred thousand dollars for the period January
 first, two thousand seven through December  thirty-first,  two  thousand
 seven,  of  which  seven  million five hundred thousand dollars shall be
 available for disease management demonstration programs and one  million
 dollars shall be available for telemedicine demonstration programs;
   (v)  nine million five hundred thousand dollars for the period January
 first, two thousand eight through December  thirty-first,  two  thousand
 eight,  of  which  seven  million five hundred thousand dollars shall be
 available for disease management demonstration programs and two  million
 dollars shall be available for telemedicine demonstration programs;
   (vi)  seven  million eight hundred thirty-three thousand three hundred
 thirty-three dollars for the period January  first,  two  thousand  nine
 through December thirty-first, two thousand nine, of which seven million
 five  hundred thousand dollars shall be available for disease management
 demonstration programs and three  hundred  thirty-three  thousand  three
 hundred  thirty-three dollars shall be available for telemedicine demon-
 S. 4007                            83                            A. 3007
 
 stration programs for  the  period  January  first,  two  thousand  nine
 through March first, two thousand nine;
   (vii)  one million eight hundred seventy-five thousand dollars for the
 period January first, two thousand ten through March  thirty-first,  two
 thousand  ten  shall  be  available for disease management demonstration
 programs.
   (ww) Funds shall be deposited  by  the  commissioner,  within  amounts
 appropriated,  and  the  state  comptroller  is  hereby  authorized  and
 directed to receive for the deposit to the credit of the  state  special
 revenue  funds  - other, HCRA transfer fund, medical assistance account,
 or any successor fund or account, for  purposes  of  funding  the  state
 share  of  the  general  hospital  rates  increases  for recruitment and
 retention of health care workers pursuant to paragraph (e)  of  subdivi-
 sion thirty of section twenty-eight hundred seven-c of this article from
 the  tobacco  control and insurance initiatives pool established for the
 following periods in the following amounts:
   (i) sixty million five hundred thousand dollars for the period January
 first, two thousand five through  December  thirty-first,  two  thousand
 five; and
   (ii)  sixty million five hundred thousand dollars for the period Janu-
 ary first, two thousand six through December thirty-first, two  thousand
 six.
   (xx)  Funds  shall  be  deposited  by the commissioner, within amounts
 appropriated,  and  the  state  comptroller  is  hereby  authorized  and
 directed  to  receive for the deposit to the credit of the state special
 revenue funds - other, HCRA transfer fund, medical  assistance  account,
 or  any  successor  fund  or  account, for purposes of funding the state
 share of the general hospital rates increases for rural hospitals pursu-
 ant to subdivision thirty-two of section twenty-eight hundred seven-c of
 this article from the tobacco control  and  insurance  initiatives  pool
 established for the following periods in the following amounts:
   (i) three million five hundred thousand dollars for the period January
 first,  two  thousand  five  through December thirty-first, two thousand
 five;
   (ii) three million five hundred thousand dollars for the period  Janu-
 ary  first, two thousand six through December thirty-first, two thousand
 six;
   (iii) three million five hundred thousand dollars for the period Janu-
 ary first, two thousand seven through December thirty-first,  two  thou-
 sand seven;
   (iv)  three million five hundred thousand dollars for the period Janu-
 ary first, two thousand eight through December thirty-first,  two  thou-
 sand eight; and
   (v)  three  million  two hundred eight thousand dollars for the period
 January first, two thousand nine through November thirtieth,  two  thou-
 sand nine.
   (yy)  Funds  shall  be  reserved and accumulated from year to year and
 shall be available,  within  amounts  appropriated  and  notwithstanding
 section  one  hundred  twelve  of  the  state  finance law and any other
 contrary provision of law, for the purpose of supporting grants  not  to
 exceed  five  million  dollars  to be made by the commissioner without a
 competitive bid or request for  proposal  process,  in  support  of  the
 delivery  of  critically  needed  health  care  services, to health care
 providers located in the counties of Erie and Niagara which  executed  a
 memorandum of closing and conducted a merger closing in escrow on Novem-
 ber  twenty-fourth, nineteen hundred ninety-seven and which entered into
 S. 4007                            84                            A. 3007
 
 a settlement dated December thirtieth, two thousand four for a  loss  on
 disposal  of  assets  under the provisions of title XVIII of the federal
 social security act applicable to mergers occurring  prior  to  December
 first, nineteen hundred ninety-seven.
   (zz)  Funds  shall  be  reserved and accumulated from year to year and
 shall be available, within amounts  appropriated,  for  the  purpose  of
 supporting  expenditures  authorized  pursuant  to  section twenty-eight
 hundred eighteen of this article from the tobacco control and  insurance
 initiatives  pool established for the following periods in the following
 amounts:
   (i) six million five hundred thousand dollars for the  period  January
 first,  two  thousand  five  through December thirty-first, two thousand
 five;
   (ii) one hundred eight million three hundred thousand dollars for  the
 period  January  first,  two thousand six through December thirty-first,
 two thousand six, provided, however, that within amounts appropriated in
 the two thousand six through two thousand seven  state  fiscal  year,  a
 portion  of  such  funds  may  be transferred to the Roswell Park Cancer
 Institute Corporation to fund capital costs;
   (iii) one hundred seventy-one million dollars for the  period  January
 first,  two  thousand  seven through December thirty-first, two thousand
 seven, provided, however, that within amounts appropriated  in  the  two
 thousand  six through two thousand seven state fiscal year, a portion of
 such funds may be transferred  to  the  Roswell  Park  Cancer  Institute
 Corporation to fund capital costs;
   (iv) one hundred seventy-one million five hundred thousand dollars for
 the  period  January  first, two thousand eight through December thirty-
 first, two thousand eight;
   (v) one hundred twenty-eight  million  seven  hundred  fifty  thousand
 dollars for the period January first, two thousand nine through December
 thirty-first, two thousand nine;
   (vi)  one  hundred thirty-one million three hundred seventy-five thou-
 sand dollars for the period January  first,  two  thousand  ten  through
 December thirty-first, two thousand ten;
   (vii)  thirty-four  million two hundred fifty thousand dollars for the
 period January first, two thousand eleven  through  March  thirty-first,
 two thousand eleven;
   (viii) four hundred thirty-three million three hundred sixty-six thou-
 sand  dollars  for  the  period April first, two thousand eleven through
 March thirty-first, two thousand twelve;
   (ix) one hundred fifty million eight hundred six thousand dollars  for
 the  period April first, two thousand twelve through March thirty-first,
 two thousand thirteen;
   (x) seventy-eight million seventy-one thousand dollars for the  period
 April first, two thousand thirteen through March thirty-first, two thou-
 sand fourteen.
   (aaa)  Funds  shall  be reserved and accumulated from year to year and
 shall be available, including income from invested funds,  for  services
 and  expenses related to school based health centers, in an amount up to
 three million five hundred thousand dollars for the period April  first,
 two  thousand  six through March thirty-first, two thousand seven, up to
 three million five hundred thousand dollars for the period April  first,
 two thousand seven through March thirty-first, two thousand eight, up to
 three  million five hundred thousand dollars for the period April first,
 two thousand eight through March thirty-first, two thousand nine, up  to
 three  million five hundred thousand dollars for the period April first,
 S. 4007                            85                            A. 3007
 
 two thousand nine through March thirty-first, two thousand  ten,  up  to
 three  million five hundred thousand dollars for the period April first,
 two thousand ten through March thirty-first, two thousand eleven, up  to
 two  million  eight  hundred thousand dollars each state fiscal year for
 the period April first, two thousand eleven through March  thirty-first,
 two thousand fourteen, up to two million six hundred forty-four thousand
 dollars  each state fiscal year for the period April first, two thousand
 fourteen through March thirty-first, two thousand seventeen, up  to  two
 million  six  hundred forty-four thousand dollars each state fiscal year
 for the period April first, two thousand seventeen through  March  thir-
 ty-first,  two  thousand  twenty,  [and]  up  to two million six hundred
 forty-four thousand dollars each state fiscal year for the period  April
 first,  two  thousand  twenty  through  March thirty-first, two thousand
 twenty-three, AND UP TO TWO  MILLION  SIX  HUNDRED  FORTY-FOUR  THOUSAND
 DOLLARS  EACH STATE FISCAL YEAR FOR THE PERIOD APRIL FIRST, TWO THOUSAND
 TWENTY-THREE THROUGH MARCH THIRTY-FIRST, TWO THOUSAND TWENTY-SIX.    The
 total  amount  of  funds  provided herein shall be distributed as grants
 based on the ratio of each provider's total enrollment for all sites  to
 the  total enrollment of all providers. This formula shall be applied to
 the total amount provided herein.
   (bbb) Funds shall be reserved and accumulated from year  to  year  and
 shall  be  available, including income from invested funds, for purposes
 of awarding  grants  to  operators  of  adult  homes,  enriched  housing
 programs and residences through the enhancing abilities and life experi-
 ence  (EnAbLe)  program  to  provide for the installation, operation and
 maintenance of air conditioning in resident rooms, consistent with  this
 paragraph,  in  an amount up to two million dollars for the period April
 first, two thousand six through March thirty-first, two thousand  seven,
 up  to three million eight hundred thousand dollars for the period April
 first, two thousand  seven  through  March  thirty-first,  two  thousand
 eight, up to three million eight hundred thousand dollars for the period
 April first, two thousand eight through March thirty-first, two thousand
 nine,  up to three million eight hundred thousand dollars for the period
 April first, two thousand nine through March thirty-first, two  thousand
 ten,  and  up  to  three  million eight hundred thousand dollars for the
 period April first, two thousand ten  through  March  thirty-first,  two
 thousand eleven. Residents shall not be charged utility cost for the use
 of  air  conditioners  supplied  under  the EnAbLe program. All such air
 conditioners must be operated in occupied resident rooms consistent with
 requirements applicable to common areas.
   (ccc) Funds shall be deposited by  the  commissioner,  within  amounts
 appropriated,  and  the  state  comptroller  is  hereby  authorized  and
 directed to receive for the deposit to the credit of the  state  special
 revenue  funds  - other, HCRA transfer fund, medical assistance account,
 or any successor fund or account, for  purposes  of  funding  the  state
 share of increases in the rates for certified home health agencies, long
 term  home  health  care  programs,  AIDS  home  care  programs, hospice
 programs and managed long term care plans and approved managed long term
 care operating demonstrations as defined in section  forty-four  hundred
 three-f  of  this  chapter  for recruitment and retention of health care
 workers pursuant to subdivisions nine  and  ten  of  section  thirty-six
 hundred  fourteen of this chapter from the tobacco control and insurance
 initiatives pool established for the following periods in the  following
 amounts:
   (i)  twenty-five  million dollars for the period June first, two thou-
 sand six through December thirty-first, two thousand six;
 S. 4007                            86                            A. 3007
 
   (ii) fifty million dollars for the period January first, two  thousand
 seven through December thirty-first, two thousand seven;
   (iii) fifty million dollars for the period January first, two thousand
 eight through December thirty-first, two thousand eight;
   (iv)  fifty million dollars for the period January first, two thousand
 nine through December thirty-first, two thousand nine;
   (v) fifty million dollars for the period January first,  two  thousand
 ten through December thirty-first, two thousand ten;
   (vi) twelve million five hundred thousand dollars for the period Janu-
 ary  first, two thousand eleven through March thirty-first, two thousand
 eleven;
   (vii) up to fifty million dollars each state fiscal year for the peri-
 od April first, two thousand  eleven  through  March  thirty-first,  two
 thousand fourteen;
   (viii)  up  to  fifty  million  dollars each state fiscal year for the
 period April first, two thousand fourteen  through  March  thirty-first,
 two thousand seventeen;
   (ix) up to fifty million dollars each state fiscal year for the period
 April  first,  two  thousand  seventeen  through March thirty-first, two
 thousand twenty; [and]
   (x) up to fifty million dollars each state fiscal year for the  period
 April  first,  two thousand twenty through March thirty-first, two thou-
 sand twenty-three; AND
   (XI) UP TO FIFTY MILLION DOLLARS EACH STATE FISCAL YEAR FOR THE PERIOD
 APRIL FIRST, TWO THOUSAND TWENTY-THREE THROUGH MARCH  THIRTY-FIRST,  TWO
 THOUSAND TWENTY-SIX.
   (ddd)  Funds  shall  be  deposited by the commissioner, within amounts
 appropriated,  and  the  state  comptroller  is  hereby  authorized  and
 directed  to  receive for the deposit to the credit of the state special
 revenue funds - other, HCRA transfer fund, medical  assistance  account,
 or  any  successor  fund  or  account, for purposes of funding the state
 share of increases in the medical assistance  rates  for  providers  for
 purposes  of  enhancing the provision, quality and/or efficiency of home
 care services pursuant  to  subdivision  eleven  of  section  thirty-six
 hundred  fourteen of this chapter from the tobacco control and insurance
 initiatives pool established for the following period in the  amount  of
 eight  million  dollars  for  the  period  April first, two thousand six
 through December thirty-first, two thousand six.
   (eee) Funds shall be reserved and accumulated from year  to  year  and
 shall  be available, including income from invested funds, to the Center
 for Functional Genomics at the State University of New York  at  Albany,
 for  the  purposes  of  the  Adirondack network for cancer education and
 research in rural communities grant program to improve access to  health
 care  and shall be made available from the tobacco control and insurance
 initiatives pool established for the following period in the  amount  of
 up  to  five  million dollars for the period January first, two thousand
 six through December thirty-first, two thousand six.
   (fff) Funds shall be made available to  the  empire  state  stem  cell
 trust fund established by section ninety-nine-p of the state finance law
 within  amounts  appropriated  up  to fifty million dollars annually and
 shall not exceed five hundred million dollars in total.
   (ggg) Funds shall be deposited by  the  commissioner,  within  amounts
 appropriated,  and  the  state  comptroller  is  hereby  authorized  and
 directed to receive for deposit to  the  credit  of  the  state  special
 revenue fund - other, HCRA transfer fund, medical assistance account, or
 any  successor  fund or account, for the purpose of supporting the state
 S. 4007                            87                            A. 3007
 
 share of Medicaid expenditures  for  hospital  translation  services  as
 authorized pursuant to paragraph (k) of subdivision one of section twen-
 ty-eight  hundred  seven-c  of this article from the tobacco control and
 initiatives  pool established for the following periods in the following
 amounts:
   (i) sixteen million dollars for the period July  first,  two  thousand
 eight through December thirty-first, two thousand eight; and
   (ii)  fourteen  million  seven hundred thousand dollars for the period
 January first, two thousand nine through November thirtieth,  two  thou-
 sand nine.
   (hhh)  Funds  shall  be  deposited by the commissioner, within amounts
 appropriated,  and  the  state  comptroller  is  hereby  authorized  and
 directed  to  receive  for  deposit  to  the credit of the state special
 revenue fund - other, HCRA transfer fund, medical assistance account, or
 any successor fund or account, for the purpose of supporting  the  state
 share  of  Medicaid  expenditures  for adjustments to inpatient rates of
 payment for general hospitals located in  the  counties  of  Nassau  and
 Suffolk  as  authorized  pursuant to paragraph (l) of subdivision one of
 section twenty-eight hundred seven-c of this article  from  the  tobacco
 control  and  initiatives  pool established for the following periods in
 the following amounts:
   (i) two million five hundred thousand dollars  for  the  period  April
 first,  two  thousand  eight through December thirty-first, two thousand
 eight; and
   (ii) two million two hundred ninety-two thousand dollars for the peri-
 od January first, two thousand  nine  through  November  thirtieth,  two
 thousand nine.
   (iii)  Funds shall be reserved and set aside and accumulated from year
 to year and shall be made available, including  income  from  investment
 funds,  for  the purpose of supporting the New York state medical indem-
 nity fund as authorized pursuant to title four of article  twenty-nine-D
 of this chapter, for the following periods and in the following amounts,
 provided,  however,  that  the commissioner is authorized to seek waiver
 authority from the federal centers for medicare  and  Medicaid  for  the
 purpose  of  securing  Medicaid federal financial participation for such
 program, in which case the funding authorized pursuant to this paragraph
 shall be utilized as the non-federal share for such payments:
   Thirty million dollars for the period April first, two thousand eleven
 through March thirty-first, two thousand twelve.
   2. (a) For periods prior to January  first,  two  thousand  five,  the
 commissioner  is  authorized  to  contract  with the article forty-three
 insurance law plans, or such other contractors as the commissioner shall
 designate, to receive and distribute funds from the tobacco control  and
 insurance  initiatives pool established pursuant to this section. In the
 event contracts with the article  forty-three  insurance  law  plans  or
 other  commissioner's  designees are effectuated, the commissioner shall
 conduct annual audits of the receipt and distribution of such funds. The
 reasonable costs and expenses of an administrator  as  approved  by  the
 commissioner,  not  to  exceed for personnel services on an annual basis
 five hundred thousand dollars, for collection and distribution of  funds
 pursuant to this section shall be paid from such funds.
   (b)  Notwithstanding any inconsistent provision of section one hundred
 twelve or one hundred sixty-three of the state finance law or any  other
 law,  at the discretion of the commissioner without a competitive bid or
 request for proposal process, contracts in effect for administration  of
 pools  established  pursuant  to  sections twenty-eight hundred seven-k,
 S. 4007                            88                            A. 3007
 
 twenty-eight hundred seven-l and twenty-eight hundred  seven-m  of  this
 article  for  the  period  January  first,  nineteen hundred ninety-nine
 through December  thirty-first,  nineteen  hundred  ninety-nine  may  be
 extended  to provide for administration pursuant to this section and may
 be amended as may be necessary.
   § 13. Paragraph (a) of subdivision 12 of section 367-b of  the  social
 services  law,  as  amended by section 15 of part Y of chapter 56 of the
 laws of 2020, is amended to read as follows:
   (a) For the purpose of regulating cash flow for general hospitals, the
 department shall develop and implement a payment methodology to  provide
 for  timely  payments  for inpatient hospital services eligible for case
 based payments per discharge based on diagnosis-related groups  provided
 during  the  period January first, nineteen hundred eighty-eight through
 March thirty-first  two  thousand  [twenty-three]  TWENTY-SIX,  by  such
 hospitals which elect to participate in the system.
   §  14.  Paragraph  (r)  of subdivision 9 of section 3614 of the public
 health law, as added by section 16 of part Y of chapter 56 of  the  laws
 of  2020, is amended and three new paragraphs (s), (t) and (u) are added
 to read as follows:
   (r) for the period April first, two thousand twenty-two through  March
 thirty-first,  two  thousand  twenty-three,  up  to  one hundred million
 dollars[.];
   (S) FOR THE PERIOD APRIL  FIRST,  TWO  THOUSAND  TWENTY-THREE  THROUGH
 MARCH  THIRTY-FIRST, TWO THOUSAND TWENTY-FOUR, UP TO ONE HUNDRED MILLION
 DOLLARS;
   (T) FOR THE PERIOD APRIL FIRST, TWO THOUSAND TWENTY-FOUR THROUGH MARCH
 THIRTY-FIRST, TWO  THOUSAND  TWENTY-FIVE,  UP  TO  ONE  HUNDRED  MILLION
 DOLLARS;
   (U) FOR THE PERIOD APRIL FIRST, TWO THOUSAND TWENTY-FIVE THROUGH MARCH
 THIRTY-FIRST,  TWO  THOUSAND  TWENTY-SIX,  UP  TO  ONE  HUNDRED  MILLION
 DOLLARS.
   § 15. Paragraph (v) of subdivision 1 of section 367-q  of  the  social
 services law, as added by section 17 of part Y of chapter 56 of the laws
 of  2020, is amended and three new paragraphs (w), (x) and (y) are added
 to read as follows:
   (v) for the period April first, two thousand twenty-two through  March
 thirty-first, two thousand twenty-three, up to twenty-eight million five
 hundred thousand dollars[.];
   (W)  FOR  THE  PERIOD  APRIL  FIRST, TWO THOUSAND TWENTY-THREE THROUGH
 MARCH THIRTY-FIRST, TWO THOUSAND TWENTY-FOUR, UP TO TWENTY-EIGHT MILLION
 FIVE HUNDRED THOUSAND DOLLARS;
   (X) FOR THE PERIOD APRIL FIRST, TWO THOUSAND TWENTY-FOUR THROUGH MARCH
 THIRTY-FIRST, TWO THOUSAND TWENTY-FIVE, UP TO TWENTY-EIGHT MILLION  FIVE
 HUNDRED THOUSAND DOLLARS;
   (Y) FOR THE PERIOD APRIL FIRST, TWO THOUSAND TWENTY-FIVE THROUGH MARCH
 THIRTY-FIRST,  TWO  THOUSAND TWENTY-SIX, UP TO TWENTY-EIGHT MILLION FIVE
 HUNDRED THOUSAND DOLLARS.
   § 16. This act shall take effect April 1, 2023; provided, however,  if
 this  act  shall become a law after such date it shall take effect imme-
 diately and shall be deemed to have been in full force and effect on and
 after April 1, 2023; and further provided, that:
   (a) the amendments to sections 2807-j and 2807-s of the public  health
 law  made  by  sections  two, eight, nine, and ten of this act shall not
 affect the expiration of such sections and shall expire therewith;
 S. 4007                            89                            A. 3007
 
   (b) the amendments to subdivision 6 of section 2807-t  of  the  public
 health law made by section eleven of this act shall not affect the expi-
 ration of such section and shall be deemed to expire therewith; and
   (c)  the  amendments  to  paragraph  (i-1) of subdivision 1 of section
 2807-v of the public health law made by section twelve of this act shall
 not affect the repeal of such paragraph and  shall  be  deemed  repealed
 therewith.
 
                                  PART D

   Section  1.  Paragraph  (a)  of  subdivision 4 of section 365-a of the
 social services law, as amended by chapter 493 of the laws of  2010,  is
 amended to read as follows:
   (a) drugs which may be dispensed without a prescription as required by
 section sixty-eight hundred ten of the education law; provided, however,
 that  the state commissioner of health may by regulation specify certain
 of such drugs which may be reimbursed as an item of  medical  assistance
 in  accordance with the price schedule established by such commissioner.
 Notwithstanding any other provision of law, [additions] MODIFICATIONS to
 the list of drugs reimbursable under this  paragraph  may  be  filed  as
 regulations  by  the  commissioner  of  health  without prior notice and
 comment;
   § 2. Paragraph (b) of subdivision 3  of  section  273  of  the  public
 health  law,  as added by section 10 of part C of chapter 58 of the laws
 of 2005, is amended to read as follows:
   (b) In the event that the patient does not meet the criteria in  para-
 graph  (a)  of  this  subdivision, the prescriber may provide additional
 information to the program to justify the use  of  a  prescription  drug
 that  is  not  on  the  preferred drug list. The program shall provide a
 reasonable opportunity for a prescriber to reasonably present his or her
 justification of prior authorization. [If, after consultation  with  the
 program, the prescriber, in his or her reasonable professional judgment,
 determines  that]  THE  PROGRAM WILL CONSIDER THE ADDITIONAL INFORMATION
 AND THE JUSTIFICATION PRESENTED  TO  DETERMINE  WHETHER  the  use  of  a
 prescription  drug  that is not on the preferred drug list is warranted,
 AND the [prescriber's] PROGRAM'S determination shall be final.
   § 3. Subdivisions 25 and 25-a of section 364-j of the social  services
 law are REPEALED.
   §  4.  This  act  shall  take  effect  October  1, 2023; provided that
 sections two and three of this act shall take effect April 1, 2024.
 
                                  PART E
 
   Section 1.  Subdivision 5-d of section 2807-k  of  the  public  health
 law,  as  amended  by  section 3 of part KK of chapter 56 of the laws of
 2020, is amended to read as follows:
   5-d. (a) Notwithstanding any inconsistent provision of  this  section,
 section  twenty-eight  hundred  seven-w  of  this  article  or any other
 contrary provision of law, and subject to the  availability  of  federal
 financial  participation,  for  periods  on and after January first, two
 thousand twenty, through March thirty-first, two thousand [twenty-three]
 TWENTY-SIX, all  funds  available  for  distribution  pursuant  to  this
 section,  except for funds distributed pursuant to [subparagraph (v) of]
 paragraph (b) of subdivision five-b  of  this  section,  and  all  funds
 available  for  distribution  pursuant  to  section twenty-eight hundred
 S. 4007                            90                            A. 3007
 
 seven-w of this article, shall be reserved and set aside and distributed
 in accordance with the provisions of this subdivision.
   (b)  The commissioner shall promulgate regulations, and may promulgate
 emergency regulations, establishing methodologies for  the  distribution
 of  funds  as  described  in  paragraph (a) of this subdivision and such
 regulations shall include, but not be limited to, the following:
   (i) Such regulations shall  establish  methodologies  for  determining
 each  facility's  relative uncompensated care need amount based on unin-
 sured inpatient and outpatient units of service from the cost  reporting
 year  two years prior to the distribution year, multiplied by the appli-
 cable medicaid rates in effect January first of the  distribution  year,
 as summed and adjusted by a statewide cost adjustment factor and reduced
 by  the  sum  of  all  payment  amounts  collected  from  such uninsured
 patients, and as further adjusted  by  application  of  a  nominal  need
 computation  that shall take into account each facility's medicaid inpa-
 tient share.
   (ii) Annual distributions pursuant to such  regulations  for  the  two
 thousand  twenty  through two thousand [twenty-two] TWENTY-FIVE calendar
 years shall be in accord with the following:
   (A) one hundred thirty-nine  million  four  hundred  thousand  dollars
 shall be distributed as Medicaid Disproportionate Share Hospital ("DSH")
 payments to major public general hospitals; and
   (B)  nine  hundred sixty-nine million nine hundred thousand dollars as
 Medicaid DSH payments to eligible general hospitals,  other  than  major
 public general hospitals.
   For  the calendar years two thousand twenty through two thousand twen-
 ty-two, the total distributions to  eligible  general  hospitals,  other
 than  major  public  general hospitals, shall be subject to an aggregate
 reduction of one hundred fifty million dollars annually,  provided  that
 eligible  general  hospitals, other than major public general hospitals,
 that qualify as enhanced safety net hospitals under section two thousand
 eight hundred seven-c of this article  shall  not  be  subject  to  such
 reduction.
   FOR  THE CALENDAR YEARS TWO THOUSAND TWENTY-THREE THROUGH TWO THOUSAND
 TWENTY-FIVE, THE TOTAL  DISTRIBUTIONS  TO  ELIGIBLE  GENERAL  HOSPITALS,
 OTHER THAN MAJOR PUBLIC GENERAL HOSPITALS, SHALL BE SUBJECT TO AN AGGRE-
 GATE  REDUCTION OF TWO HUNDRED THIRTY-FIVE MILLION FOUR HUNDRED THOUSAND
 DOLLARS ANNUALLY, PROVIDED THAT ELIGIBLE GENERAL HOSPITALS,  OTHER  THAN
 MAJOR  PUBLIC  GENERAL  HOSPITALS  THAT  QUALIFY  AS ENHANCED SAFETY NET
 HOSPITALS UNDER SECTION TWO THOUSAND EIGHT HUNDRED SEVEN-C OF THIS ARTI-
 CLE AS OF APRIL FIRST, TWO THOUSAND TWENTY, SHALL NOT BE SUBJECT TO SUCH
 REDUCTION.
   Such [reduction] REDUCTIONS shall be determined by a methodology to be
 established by the commissioner. Such  [methodology]  METHODOLOGIES  may
 take  into  account  the  payor mix of each non-public general hospital,
 including the percentage of inpatient days paid by Medicaid.
   (iii) For calendar years two  thousand  twenty  through  two  thousand
 [twenty-two]   TWENTY-FIVE,  sixty-four  million  six  hundred  thousand
 dollars shall be distributed to eligible general hospitals,  other  than
 major  public general hospitals, that experience a reduction in indigent
 care pool payments pursuant to this subdivision,  and  that  qualify  as
 enhanced  safety  net hospitals under section two thousand eight hundred
 seven-c of this article as of April first,  two  thousand  twenty.  Such
 distribution shall be established pursuant to regulations promulgated by
 the  commissioner and shall be proportional to the reduction experienced
 by the facility.
 S. 4007                            91                            A. 3007
 
   (iv) Such regulations shall reserve one percent of the funds available
 for distribution in the two thousand fourteen and two  thousand  fifteen
 calendar  years,  and  for  calendar  years thereafter, pursuant to this
 subdivision, subdivision  fourteen-f  of  section  twenty-eight  hundred
 seven-c of this article, and sections two hundred eleven and two hundred
 twelve  of  chapter  four  hundred  seventy-four of the laws of nineteen
 hundred ninety-six, in a  "financial  assistance  compliance  pool"  and
 shall establish methodologies for the distribution of such pool funds to
 facilities  based  on  their  level  of compliance, as determined by the
 commissioner, with the provisions of subdivision nine-a of this section.
   (c) The commissioner shall annually report to  the  governor  and  the
 legislature  on the distribution of funds under this subdivision includ-
 ing, but not limited to:
   (i) the impact on safety net providers, including community providers,
 rural general hospitals and major public general hospitals;
   (ii) the provision of indigent care by units  of  services  and  funds
 distributed by general hospitals; and
   (iii) the extent to which access to care has been enhanced.
   §  2.  Subdivision  1  of  section  2801  of the public health law, as
 amended by section 1 of part Z of chapter 57 of the  laws  of  2019,  is
 amended to read as follows:
   1.  "Hospital"  means a facility or institution engaged principally in
 providing services by or under the supervision of a physician or, in the
 case of a dental clinic or dental dispensary, of a dentist, or,  in  the
 case  of  a  midwifery  birth  center, of a midwife, for the prevention,
 diagnosis or treatment of human  disease,  pain,  injury,  deformity  or
 physical  condition,  including, but not limited to, a general hospital,
 public health center, diagnostic center, treatment center, A RURAL EMER-
 GENCY HOSPITAL UNDER 42 USC 1395X(KKK), OR SUCCESSOR PROVISIONS,  dental
 clinic,  dental  dispensary, rehabilitation center other than a facility
 used solely for vocational rehabilitation,  nursing  home,  tuberculosis
 hospital,  chronic disease hospital, maternity hospital, midwifery birth
 center,  lying-in-asylum,  out-patient  department,  out-patient  lodge,
 dispensary  and  a laboratory or central service facility serving one or
 more such institutions, but the  term  hospital  shall  not  include  an
 institution, sanitarium or other facility engaged principally in provid-
 ing  services for the prevention, diagnosis or treatment of mental disa-
 bility and which is subject to the powers  of  visitation,  examination,
 inspection  and investigation of the department of mental hygiene except
 for those distinct parts of  such  a  facility  which  provide  hospital
 service. The provisions of this article shall not apply to a facility or
 institution  engaged  principally  in providing services by or under the
 supervision of the bona fide members and adherents of a recognized reli-
 gious organization whose teachings include reliance on  spiritual  means
 through prayer alone for healing in the practice of the religion of such
 organization  and  where  services are provided in accordance with those
 teachings. No provision of this article or any other  provision  of  law
 shall  be construed to: (a) limit the volume of mental health, substance
 use disorder services or developmental disability services that  can  be
 provided  by  a  provider  of  primary care services licensed under this
 article and authorized to provide integrated services in accordance with
 regulations issued by the commissioner in consultation with the  commis-
 sioner of the office of mental health, the commissioner of the office of
 alcoholism  and  substance  abuse  services  and the commissioner of the
 office for people with developmental disabilities, including regulations
 issued pursuant to subdivision seven of  section  three  hundred  sixty-
 S. 4007                            92                            A. 3007

 five-l  of the social services law or part L of chapter fifty-six of the
 laws of two thousand twelve; (b) require a provider licensed pursuant to
 article thirty-one of the mental hygiene law or  certified  pursuant  to
 article  sixteen  or  article  thirty-two  of  the mental hygiene law to
 obtain an operating certificate from the department if such provider has
 been authorized to provide integrated services in accordance with  regu-
 lations issued by the commissioner in consultation with the commissioner
 of  the office of mental health, the commissioner of the office of alco-
 holism and substance abuse services and the commissioner of  the  office
 for people with developmental disabilities, including regulations issued
 pursuant  to  subdivision seven of section three hundred sixty-five-l of
 the social services law or part L of chapter fifty-six of  the  laws  of
 two thousand twelve.
   §  3.  Section  2801-g of the public health law is amended by adding a
 new subdivision 4 to read as follows:
   4. AT LEAST THIRTY DAYS PRIOR TO A GENERAL HOSPITAL  APPLYING  TO  THE
 FEDERAL  CENTERS  FOR  MEDICARE  AND MEDICAID SERVICES TO CONVERT FROM A
 GENERAL HOSPITAL WITH INPATIENTS TO A RURAL EMERGENCY HOSPITAL UNDER  42
 USC  1395X(KKK),  OR  SUCCESSOR  PROVISIONS,  SUCH HOSPITAL SHALL HOLD A
 PUBLIC COMMUNITY  FORUM  FOR  THE  PURPOSE  OF  OBTAINING  PUBLIC  INPUT
 CONCERNING THE ANTICIPATED IMPACT OF THE HOSPITAL'S CLOSURE OF INPATIENT
 UNITS, INCLUDING BUT NOT LIMITED TO, THE IMPACT ON RECIPIENTS OF MEDICAL
 ASSISTANCE  FOR  NEEDY PERSONS, THE UNINSURED, AND MEDICALLY UNDERSERVED
 POPULATIONS, AND OPTIONS AND PROPOSALS TO  AMELIORATE  SUCH  ANTICIPATED
 IMPACT.  THE  HOSPITAL SHALL AFFORD ALL PUBLIC PARTICIPANTS A REASONABLE
 OPPORTUNITY TO SPEAK ABOUT RELEVANT MATTERS  AT  SUCH  COMMUNITY  FORUM.
 PRIOR  TO  ANY  COMMUNITY FORUM AND AS SOON AS PRACTICABLE, THE HOSPITAL
 SHALL BE REQUIRED TO:
   (A) NOTIFY THE OFFICE OF MENTAL  HEALTH  AND  THE  LOCAL  DIRECTOR  OF
 COMMUNITY  SERVICES  IN  THE EVENT SUCH GENERAL HOSPITAL HAS PSYCHIATRIC
 INPATIENT BEDS LICENSED UNDER ARTICLE THIRTY-ONE OF THE  MENTAL  HYGIENE
 LAW  OR  DESIGNATED  PURSUANT TO SECTION 9.39 OF THE MENTAL HYGIENE LAW,
 AND
   (B) NOTIFY THE OFFICE OF ADDICTION SERVICES AND SUPPORTS IN THE  EVENT
 SUCH  GENERAL  HOSPITAL  HAS  INPATIENT SUBSTANCE USE DISORDER TREATMENT
 PROGRAMS OR INPATIENT CHEMICAL DEPENDENCE  TREATMENT  PROGRAMS  LICENSED
 UNDER ARTICLE THIRTY-TWO OF THE MENTAL HYGIENE LAW.
   §  4.  The opening paragraph of subdivision (g) of section 2826 of the
 public health law, as amended by section 3 of part M of  chapter  57  of
 the laws of 2022, is amended to read as follows:
   Notwithstanding  subdivision  (a)  of this section, and within amounts
 appropriated for such purposes as described herein, [for the  period  of
 April  first,  two  thousand  twenty-two through March thirty-first, two
 thousand twenty-three,] the commissioner may award a  temporary  adjust-
 ment  to the non-capital components of rates, or make temporary lump-sum
 Medicaid payments to eligible facilities in severe financial distress to
 enable such facilities to maintain operations and vital  services  while
 such  facilities  establish  long  term solutions to achieve sustainable
 health services. Provided, however, the commissioner  is  authorized  to
 make such a temporary adjustment or make such temporary lump sum payment
 only  pursuant  to criteria, AN APPLICATION, AND an evaluation process[,
 and transformation plan] acceptable to the commissioner in  consultation
 with  the  director  of the division of the budget. The department shall
 publish on its website the criteria, APPLICATION, AND evaluation process
 [and guidance for transformation plans] and notification  of  any  award
 recipients.
 S. 4007                            93                            A. 3007

   §  5.  Subparagraph (F) of paragraph (i) of subdivision (g) of section
 2826 of the public health law, as added by section 3 of part M of  chap-
 ter 57 of the laws of 2022, is amended to read as follows:
   (F)  an independent practice association or accountable care organiza-
 tion authorized under applicable regulations that participate in managed
 care provider network arrangements with any of  the  provider  types  in
 subparagraphs  (A)  through (F) of this paragraph; OR AN ENTITY THAT WAS
 FORMED AS A PREFERRED PROVIDER SYSTEM PURSUANT TO  THE  DELIVERY  SYSTEM
 REFORM  INCENTIVE PAYMENT (DSRIP) PROGRAM AND COLLABORATED WITH AN INDE-
 PENDENT PRACTICE ASSOCIATION THAT RECEIVED VBP INNOVATOR STATUS FROM THE
 DEPARTMENT FOR PURPOSES OF MEETING  DSRIP  GOALS,  AND  WHICH  PREFERRED
 PROVIDER SYSTEM REMAINS OPERATIONAL AS AN INTEGRATED CARE SYSTEM.
   §  6.  The  opening  paragraph of paragraph (ii) of subdivision (g) of
 section 2826 of the public health law, as added by section 6 of  part  J
 of chapter 60 of the laws of 2015, is amended to read as follows:
   Eligible  applicants  must  demonstrate  that without such award, they
 will be in severe financial distress [through  March  thirty-first,  two
 thousand sixteen], as evidenced by:
   §  7.  Subparagraph (A), the opening paragraph of subparagraph (E) and
 subparagraph (F) of paragraph (iii) of subdivision (g) of  section  2826
 of  the public health law, as added by section 6 of part J of chapter 60
 of the laws of 2015, are amended to read as follows:
   (A) [Applications under this subdivision]  ELIGIBLE  APPLICANTS  shall
 [include  a  multi-year  transformation  plan  that  is aligned with the
 delivery system reform incentive payment  ("DSRIP")  program  goals  and
 objectives.  Such plan shall be approved by] SUBMIT A COMPLETED APPLICA-
 TION TO the department [and shall demonstrate a path towards  long  term
 sustainability and improved patient care].
   The  department  shall review all applications under this subdivision,
 and [a] determine:
   (F) After review of all applications under  this  subdivision,  and  a
 determination of the aggregate amount of requested funds, the department
 [shall]  MAY make awards to eligible applicants; provided, however, that
 such awards may be in an amount lower than such requested funding, on  a
 per applicant or aggregate basis.
   §  8.  Paragraph  (v) of subdivision (g) of section 2826 of the public
 health law, as added by section 6 of part J of chapter 60 of the laws of
 2015, is amended to read as follows:
   (v) Payments made to awardees pursuant to this subdivision [shall  be]
 THAT  ARE  made on a monthly basis[. Such payments] will be based on the
 applicant's actual monthly financial performance during such period  and
 the  reasonable  cash  amount  necessary  to  sustain operations for the
 following month. The applicant's monthly financial performance shall  be
 measured  by  such  applicant's  monthly financial and activity reports,
 which shall include, but not be limited to, actual revenue and  expenses
 for  the  prior  month,  projected  cash need for the current month, and
 projected cash need for the following month.
   § 9. Part I of chapter 57 of the laws of 2022 relating to providing  a
 one percent across the board payment increase to all qualifying fee-for-
 service  Medicaid  rates, is amended by adding a new section 1-a to read
 as follows:
   § 1-A. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY,  FOR  THE
 STATE  FISCAL  YEARS  BEGINNING  APRIL 1, 2023, AND THEREAFTER, MEDICAID
 PAYMENTS MADE FOR THE OPERATING COMPONENT OF HOSPITAL INPATIENT SERVICES
 SHALL BE SUBJECT TO A UNIFORM RATE INCREASE OF FIVE PERCENT IN  ADDITION
 TO  THE  INCREASE  CONTAINED  IN SECTION ONE OF THIS ACT, SUBJECT TO THE
 S. 4007                            94                            A. 3007
 
 APPROVAL OF THE COMMISSIONER OF HEALTH AND THE DIRECTOR OF  THE  BUDGET.
 SUCH RATE INCREASE SHALL BE SUBJECT TO FEDERAL FINANCIAL PARTICIPATION.
   §  10.  This act shall take effect immediately; provided that sections
 two and three of this act shall take effect on the sixtieth day after it
 shall have become a law; provided, further,  that  sections  one,  four,
 five,  six,  seven,  eight, and nine of this act shall be deemed to have
 been in full force and effect on and after April 1, 2023.
 
                                  PART F
 
   Section 1. Paragraph (a) of subdivision 1 of section 18 of chapter 266
 of the laws of 1986, amending the civil practice law and rules and other
 laws relating  to  malpractice  and  professional  medical  conduct,  as
 amended  by  section  1  of part Z of chapter 57 of the laws of 2022, is
 amended to read as follows:
   (a) The superintendent of financial services and the  commissioner  of
 health  or  their  designee  shall, from funds available in the hospital
 excess liability pool created pursuant to subdivision 5 of this section,
 purchase a policy or policies for excess insurance coverage, as  author-
 ized  by  paragraph 1 of subsection (e) of section 5502 of the insurance
 law; or from an insurer, other than an insurer described in section 5502
 of the insurance law, duly authorized to write such coverage and actual-
 ly writing  medical  malpractice  insurance  in  this  state;  or  shall
 purchase equivalent excess coverage in a form previously approved by the
 superintendent  of  financial  services for purposes of providing equiv-
 alent excess coverage in accordance with section 19 of  chapter  294  of
 the  laws of 1985, for medical or dental malpractice occurrences between
 July 1, 1986 and June 30, 1987, between July 1, 1987 and June 30,  1988,
 between  July  1,  1988 and June 30, 1989, between July 1, 1989 and June
 30, 1990, between July 1, 1990 and June 30, 1991, between July  1,  1991
 and  June 30, 1992, between July 1, 1992 and June 30, 1993, between July
 1, 1993 and June 30, 1994, between July  1,  1994  and  June  30,  1995,
 between  July  1,  1995 and June 30, 1996, between July 1, 1996 and June
 30, 1997, between July 1, 1997 and June 30, 1998, between July  1,  1998
 and  June 30, 1999, between July 1, 1999 and June 30, 2000, between July
 1, 2000 and June 30, 2001, between July  1,  2001  and  June  30,  2002,
 between  July  1,  2002 and June 30, 2003, between July 1, 2003 and June
 30, 2004, between July 1, 2004 and June 30, 2005, between July  1,  2005
 and  June 30, 2006, between July 1, 2006 and June 30, 2007, between July
 1, 2007 and June 30, 2008, between July  1,  2008  and  June  30,  2009,
 between  July  1,  2009 and June 30, 2010, between July 1, 2010 and June
 30, 2011, between July 1, 2011 and June 30, 2012, between July  1,  2012
 and  June 30, 2013, between July 1, 2013 and June 30, 2014, between July
 1, 2014 and June 30, 2015, between July  1,  2015  and  June  30,  2016,
 between  July  1,  2016 and June 30, 2017, between July 1, 2017 and June
 30, 2018, between July 1, 2018 and June 30, 2019, between July  1,  2019
 and  June 30, 2020, between July 1, 2020 and June 30, 2021, between July
 1, 2021 and June 30, 2022, [and] between July 1, 2022 and June 30, 2023,
 AND BETWEEN JULY 1, 2023 AND JUNE 30, 2024  or  reimburse  the  hospital
 where  the  hospital  purchases equivalent excess coverage as defined in
 subparagraph (i) of paragraph (a) of subdivision 1-a of this section for
 medical or dental malpractice occurrences between July 1, 1987 and  June
 30,  1988,  between July 1, 1988 and June 30, 1989, between July 1, 1989
 and June 30, 1990, between July 1, 1990 and June 30, 1991, between  July
 1,  1991  and  June  30,  1992,  between July 1, 1992 and June 30, 1993,
 between July 1, 1993 and June 30, 1994, between July 1,  1994  and  June
 S. 4007                            95                            A. 3007
 
 30,  1995,  between July 1, 1995 and June 30, 1996, between July 1, 1996
 and June 30, 1997, between July 1, 1997 and June 30, 1998, between  July
 1,  1998  and  June  30,  1999,  between July 1, 1999 and June 30, 2000,
 between  July  1,  2000 and June 30, 2001, between July 1, 2001 and June
 30, 2002, between July 1, 2002 and June 30, 2003, between July  1,  2003
 and  June 30, 2004, between July 1, 2004 and June 30, 2005, between July
 1, 2005 and June 30, 2006, between July  1,  2006  and  June  30,  2007,
 between  July  1,  2007 and June 30, 2008, between July 1, 2008 and June
 30, 2009, between July 1, 2009 and June 30, 2010, between July  1,  2010
 and  June 30, 2011, between July 1, 2011 and June 30, 2012, between July
 1, 2012 and June 30, 2013, between July  1,  2013  and  June  30,  2014,
 between  July  1,  2014 and June 30, 2015, between July 1, 2015 and June
 30, 2016, between July 1, 2016 and June 30, 2017, between July  1,  2017
 and  June 30, 2018, between July 1, 2018 and June 30, 2019, between July
 1, 2019 and June 30, 2020, between July  1,  2020  and  June  30,  2021,
 between  July  1, 2021 and June 30, 2022, [and] between July 1, 2022 and
 June 30, 2023, AND BETWEEN JULY 1, 2023 AND JUNE 30, 2024 for physicians
 or dentists certified as eligible for each such period or periods pursu-
 ant to subdivision 2 of this section  by  a  general  hospital  licensed
 pursuant to article 28 of the public health law; provided that no single
 insurer  shall write more than fifty percent of the total excess premium
 for a given policy year;  and  provided,  however,  that  such  eligible
 physicians  or dentists must have in force an individual policy, from an
 insurer licensed in this state of primary malpractice insurance coverage
 in amounts of no less than one million three  hundred  thousand  dollars
 for  each  claimant  and three million nine hundred thousand dollars for
 all claimants under that policy during the period of such excess  cover-
 age  for  such occurrences or be endorsed as additional insureds under a
 hospital professional liability policy which is offered through a volun-
 tary attending physician ("channeling") program previously permitted  by
 the  superintendent  of  financial  services  during  the period of such
 excess coverage for such occurrences. During such  period,  such  policy
 for  excess  coverage  or  such  equivalent  excess coverage shall, when
 combined with the physician's or dentist's primary malpractice insurance
 coverage or coverage provided through a  voluntary  attending  physician
 ("channeling")  program,  total  an aggregate level of two million three
 hundred thousand dollars for each claimant and six million nine  hundred
 thousand  dollars  for all claimants from all such policies with respect
 to occurrences in each of such years provided, however, if the  cost  of
 primary malpractice insurance coverage in excess of one million dollars,
 but  below  the  excess  medical malpractice insurance coverage provided
 pursuant to this act, exceeds the rate of nine percent per  annum,  then
 the  required  level of primary malpractice insurance coverage in excess
 of one million dollars for each claimant shall be in an  amount  of  not
 less  than  the dollar amount of such coverage available at nine percent
 per annum; the required level of such coverage for all  claimants  under
 that  policy  shall be in an amount not less than three times the dollar
 amount of coverage for each claimant; and excess coverage, when combined
 with such primary malpractice insurance  coverage,  shall  increase  the
 aggregate  level  for  each  claimant  by  one million dollars and three
 million dollars for all claimants;  and  provided  further,  that,  with
 respect to policies of primary medical malpractice coverage that include
 occurrences  between  April  1, 2002 and June 30, 2002, such requirement
 that coverage be in amounts no less than one million three hundred thou-
 sand dollars for each claimant and three million nine  hundred  thousand
 S. 4007                            96                            A. 3007
 
 dollars  for all claimants for such occurrences shall be effective April
 1, 2002.
   §  2.  Subdivision 3 of section 18 of chapter 266 of the laws of 1986,
 amending the civil practice law and rules and  other  laws  relating  to
 malpractice and professional medical conduct, as amended by section 2 of
 part Z of chapter 57 of the laws of 2022, is amended to read as follows:
   (3)(a)  The  superintendent  of financial services shall determine and
 certify to each general hospital and to the commissioner of  health  the
 cost  of  excess malpractice insurance for medical or dental malpractice
 occurrences between July 1, 1986 and June 30, 1987, between July 1, 1988
 and June 30, 1989, between July 1, 1989 and June 30, 1990, between  July
 1,  1990  and  June  30,  1991,  between July 1, 1991 and June 30, 1992,
 between July 1, 1992 and June 30, 1993, between July 1,  1993  and  June
 30,  1994,  between July 1, 1994 and June 30, 1995, between July 1, 1995
 and June 30, 1996, between July 1, 1996 and June 30, 1997, between  July
 1,  1997  and  June  30,  1998,  between July 1, 1998 and June 30, 1999,
 between July 1, 1999 and June 30, 2000, between July 1,  2000  and  June
 30,  2001,  between July 1, 2001 and June 30, 2002, between July 1, 2002
 and June 30, 2003, between July 1, 2003 and June 30, 2004, between  July
 1,  2004  and  June  30,  2005,  between July 1, 2005 and June 30, 2006,
 between July 1, 2006 and June 30, 2007, between July 1,  2007  and  June
 30,  2008,  between July 1, 2008 and June 30, 2009, between July 1, 2009
 and June 30, 2010, between July 1, 2010 and June 30, 2011, between  July
 1,  2011  and  June  30,  2012,  between July 1, 2012 and June 30, 2013,
 between July 1, 2013 and June 30, 2014, between July 1,  2014  and  June
 30,  2015,  between July 1, 2015 and June 30, 2016, between July 1, 2016
 and June 30, 2017, between July 1, 2017 and June 30, 2018, between  July
 1,  2018  and  June  30,  2019,  between July 1, 2019 and June 30, 2020,
 between July 1, 2020 and June 30, 2021, between July 1,  2021  and  June
 30, 2022, [and] between July 1, 2022 and June 30, 2023, AND BETWEEN JULY
 1,  2023 AND JUNE 30, 2024 allocable to each general hospital for physi-
 cians or dentists certified as eligible for purchase  of  a  policy  for
 excess  insurance  coverage  by such general hospital in accordance with
 subdivision 2 of this section, and  may  amend  such  determination  and
 certification as necessary.
   (b)  The  superintendent  of  financial  services  shall determine and
 certify to each general hospital and to the commissioner of  health  the
 cost  of  excess malpractice insurance or equivalent excess coverage for
 medical or dental malpractice occurrences between July 1, 1987 and  June
 30,  1988,  between July 1, 1988 and June 30, 1989, between July 1, 1989
 and June 30, 1990, between July 1, 1990 and June 30, 1991, between  July
 1,  1991  and  June  30,  1992,  between July 1, 1992 and June 30, 1993,
 between July 1, 1993 and June 30, 1994, between July 1,  1994  and  June
 30,  1995,  between July 1, 1995 and June 30, 1996, between July 1, 1996
 and June 30, 1997, between July 1, 1997 and June 30, 1998, between  July
 1,  1998  and  June  30,  1999,  between July 1, 1999 and June 30, 2000,
 between July 1, 2000 and June 30, 2001, between July 1,  2001  and  June
 30,  2002,  between July 1, 2002 and June 30, 2003, between July 1, 2003
 and June 30, 2004, between July 1, 2004 and June 30, 2005, between  July
 1,  2005  and  June  30,  2006,  between July 1, 2006 and June 30, 2007,
 between July 1, 2007 and June 30, 2008, between July 1,  2008  and  June
 30,  2009,  between July 1, 2009 and June 30, 2010, between July 1, 2010
 and June 30, 2011, between July 1, 2011 and June 30, 2012, between  July
 1,  2012  and  June  30,  2013,  between July 1, 2013 and June 30, 2014,
 between July 1, 2014 and June 30, 2015, between July 1,  2015  and  June
 30,  2016,  between July 1, 2016 and June 30, 2017, between July 1, 2017
 S. 4007                            97                            A. 3007
 
 and June 30, 2018, between July 1, 2018 and June 30, 2019, between  July
 1,  2019  and  June  30,  2020,  between July 1, 2020 and June 30, 2021,
 between July 1, 2021 and June 30, 2022, [and] between July 1,  2022  and
 June  30,  2023, AND BETWEEN JULY 1, 2023 AND JUNE 30, 2024 allocable to
 each general hospital for physicians or dentists certified  as  eligible
 for  purchase  of  a  policy for excess insurance coverage or equivalent
 excess coverage by such general hospital in accordance with  subdivision
 2 of this section, and may amend such determination and certification as
 necessary.  The superintendent of financial services shall determine and
 certify to each general hospital and to the commissioner of  health  the
 ratable  share  of  such  cost  allocable  to the period July 1, 1987 to
 December 31, 1987, to the period January 1, 1988 to June  30,  1988,  to
 the  period  July 1, 1988 to December 31, 1988, to the period January 1,
 1989 to June 30, 1989, to the period July 1, 1989 to December 31,  1989,
 to  the  period  January 1, 1990 to June 30, 1990, to the period July 1,
 1990 to December 31, 1990, to the period January 1,  1991  to  June  30,
 1991,  to  the  period  July 1, 1991 to December 31, 1991, to the period
 January 1, 1992 to June 30, 1992, to the period July 1, 1992 to December
 31, 1992, to the period January 1, 1993 to June 30, 1993, to the  period
 July 1, 1993 to December 31, 1993, to the period January 1, 1994 to June
 30, 1994, to the period July 1, 1994 to December 31, 1994, to the period
 January 1, 1995 to June 30, 1995, to the period July 1, 1995 to December
 31,  1995, to the period January 1, 1996 to June 30, 1996, to the period
 July 1, 1996 to December 31, 1996, to the period January 1, 1997 to June
 30, 1997, to the period July 1, 1997 to December 31, 1997, to the period
 January 1, 1998 to June 30, 1998, to the period July 1, 1998 to December
 31, 1998, to the period January 1, 1999 to June 30, 1999, to the  period
 July 1, 1999 to December 31, 1999, to the period January 1, 2000 to June
 30, 2000, to the period July 1, 2000 to December 31, 2000, to the period
 January 1, 2001 to June 30, 2001, to the period July 1, 2001 to June 30,
 2002, to the period July 1, 2002 to June 30, 2003, to the period July 1,
 2003  to  June 30, 2004, to the period July 1, 2004 to June 30, 2005, to
 the period July 1, 2005 and June 30, 2006, to the period  July  1,  2006
 and  June 30, 2007, to the period July 1, 2007 and June 30, 2008, to the
 period July 1, 2008 and June 30, 2009, to the period July  1,  2009  and
 June  30,  2010,  to  the  period July 1, 2010 and June 30, 2011, to the
 period July 1, 2011 and June 30, 2012, to the period July  1,  2012  and
 June  30,  2013,  to  the  period July 1, 2013 and June 30, 2014, to the
 period July 1, 2014 and June 30, 2015, to the period July  1,  2015  and
 June  30,  2016,  to  the  period July 1, 2016 and June 30, 2017, to the
 period July 1, 2017 to June 30, 2018, to the period July 1, 2018 to June
 30, 2019, to the period July 1, 2019 to June 30,  2020,  to  the  period
 July  1,  2020  to June 30, 2021, to the period July 1, 2021 to June 30,
 2022, [and] to the period July 1, 2022 to June  30,  2023,  AND  TO  THE
 PERIOD JULY 1, 2023 TO JUNE 30, 2024.
   § 3. Paragraphs (a), (b), (c), (d) and (e) of subdivision 8 of section
 18  of  chapter 266 of the laws of 1986, amending the civil practice law
 and rules and  other  laws  relating  to  malpractice  and  professional
 medical  conduct, as amended by section 3 of part Z of chapter 57 of the
 laws of 2022, are amended to read as follows:
   (a) To the extent funds available to  the  hospital  excess  liability
 pool  pursuant to subdivision 5 of this section as amended, and pursuant
 to section 6 of part J of chapter 63 of the laws of 2001,  as  may  from
 time  to  time  be amended, which amended this subdivision, are insuffi-
 cient to meet the costs  of  excess  insurance  coverage  or  equivalent
 excess  coverage  for coverage periods during the period July 1, 1992 to
 S. 4007                            98                            A. 3007
 
 June 30, 1993, during the period July 1, 1993 to June 30,  1994,  during
 the period July 1, 1994 to June 30, 1995, during the period July 1, 1995
 to  June  30,  1996,  during  the  period July 1, 1996 to June 30, 1997,
 during  the period July 1, 1997 to June 30, 1998, during the period July
 1, 1998 to June 30, 1999, during the period July 1,  1999  to  June  30,
 2000, during the period July 1, 2000 to June 30, 2001, during the period
 July  1,  2001  to  October 29, 2001, during the period April 1, 2002 to
 June 30, 2002, during the period July 1, 2002 to June 30,  2003,  during
 the period July 1, 2003 to June 30, 2004, during the period July 1, 2004
 to  June  30,  2005,  during  the  period July 1, 2005 to June 30, 2006,
 during the period July 1, 2006 to June 30, 2007, during the period  July
 1,  2007  to  June  30, 2008, during the period July 1, 2008 to June 30,
 2009, during the period July 1, 2009 to June 30, 2010, during the period
 July 1, 2010 to June 30, 2011, during the period July 1,  2011  to  June
 30,  2012,  during  the period July 1, 2012 to June 30, 2013, during the
 period July 1, 2013 to June 30, 2014, during the period July 1, 2014  to
 June  30,  2015, during the period July 1, 2015 to June 30, 2016, during
 the period July 1, 2016 to June 30, 2017, during the period July 1, 2017
 to June 30, 2018, during the period July  1,  2018  to  June  30,  2019,
 during  the period July 1, 2019 to June 30, 2020, during the period July
 1, 2020 to June 30, 2021, during the period July 1,  2021  to  June  30,
 2022,  [and] during the period July 1, 2022 to June 30, 2023, AND DURING
 THE PERIOD JULY 1, 2023 TO JUNE 30, 2024  allocated  or  reallocated  in
 accordance  with  paragraph  (a)  of  subdivision 4-a of this section to
 rates of payment applicable to state governmental agencies, each  physi-
 cian  or  dentist  for  whom  a  policy for excess insurance coverage or
 equivalent excess coverage is purchased for such period shall be respon-
 sible for payment to the provider of excess insurance coverage or equiv-
 alent excess coverage of an allocable share of such insufficiency, based
 on the ratio of the total cost of such coverage for  such  physician  to
 the sum of the total cost of such coverage for all physicians applied to
 such insufficiency.
   (b)  Each  provider  of excess insurance coverage or equivalent excess
 coverage covering the period July 1, 1992 to June 30, 1993, or  covering
 the period July 1, 1993 to June 30, 1994, or covering the period July 1,
 1994  to  June 30, 1995, or covering the period July 1, 1995 to June 30,
 1996, or covering the period July 1, 1996 to June 30, 1997, or  covering
 the period July 1, 1997 to June 30, 1998, or covering the period July 1,
 1998  to  June 30, 1999, or covering the period July 1, 1999 to June 30,
 2000, or covering the period July 1, 2000 to June 30, 2001, or  covering
 the  period  July  1,  2001  to October 29, 2001, or covering the period
 April 1, 2002 to June 30, 2002, or covering the period July 1,  2002  to
 June  30, 2003, or covering the period July 1, 2003 to June 30, 2004, or
 covering the period July 1, 2004 to June 30, 2005, or covering the peri-
 od July 1, 2005 to June 30, 2006, or covering the period July 1, 2006 to
 June 30, 2007, or covering the period July 1, 2007 to June 30, 2008,  or
 covering the period July 1, 2008 to June 30, 2009, or covering the peri-
 od July 1, 2009 to June 30, 2010, or covering the period July 1, 2010 to
 June  30, 2011, or covering the period July 1, 2011 to June 30, 2012, or
 covering the period July 1, 2012 to June 30, 2013, or covering the peri-
 od July 1, 2013 to June 30, 2014, or covering the period July 1, 2014 to
 June 30, 2015, or covering the period July 1, 2015 to June 30, 2016,  or
 covering the period July 1, 2016 to June 30, 2017, or covering the peri-
 od July 1, 2017 to June 30, 2018, or covering the period July 1, 2018 to
 June  30, 2019, or covering the period July 1, 2019 to June 30, 2020, or
 covering the period July 1, 2020 to June 30, 2021, or covering the peri-
 S. 4007                            99                            A. 3007
 
 od July 1, 2021 to June 30, 2022, or covering the period July 1, 2022 to
 June 30, 2023, OR COVERING THE PERIOD JULY 1,  2023  TO  JUNE  30,  2024
 shall  notify  a  covered  physician  or  dentist by mail, mailed to the
 address  shown  on the last application for excess insurance coverage or
 equivalent excess coverage, of the amount due to such provider from such
 physician or dentist for such coverage period determined  in  accordance
 with  paragraph  (a)  of this subdivision. Such amount shall be due from
 such physician or dentist to such provider of excess insurance  coverage
 or  equivalent  excess  coverage  in a time and manner determined by the
 superintendent of financial services.
   (c) If a physician or dentist liable for payment of a portion  of  the
 costs  of excess insurance coverage or equivalent excess coverage cover-
 ing the period July 1, 1992 to June 30, 1993,  or  covering  the  period
 July  1,  1993  to June 30, 1994, or covering the period July 1, 1994 to
 June 30, 1995, or covering the period July 1, 1995 to June 30, 1996,  or
 covering the period July 1, 1996 to June 30, 1997, or covering the peri-
 od July 1, 1997 to June 30, 1998, or covering the period July 1, 1998 to
 June  30, 1999, or covering the period July 1, 1999 to June 30, 2000, or
 covering the period July 1, 2000 to June 30, 2001, or covering the peri-
 od July 1, 2001 to October 29, 2001, or covering  the  period  April  1,
 2002  to  June 30, 2002, or covering the period July 1, 2002 to June 30,
 2003, or covering the period July 1, 2003 to June 30, 2004, or  covering
 the period July 1, 2004 to June 30, 2005, or covering the period July 1,
 2005  to  June 30, 2006, or covering the period July 1, 2006 to June 30,
 2007, or covering the period July 1, 2007 to June 30, 2008, or  covering
 the period July 1, 2008 to June 30, 2009, or covering the period July 1,
 2009  to  June 30, 2010, or covering the period July 1, 2010 to June 30,
 2011, or covering the period July 1, 2011 to June 30, 2012, or  covering
 the period July 1, 2012 to June 30, 2013, or covering the period July 1,
 2013  to  June 30, 2014, or covering the period July 1, 2014 to June 30,
 2015, or covering the period July 1, 2015 to June 30, 2016, or  covering
 the period July 1, 2016 to June 30, 2017, or covering the period July 1,
 2017  to  June 30, 2018, or covering the period July 1, 2018 to June 30,
 2019, or covering the period July 1, 2019 to June 30, 2020, or  covering
 the period July 1, 2020 to June 30, 2021, or covering the period July 1,
 2021  to  June 30, 2022, or covering the period July 1, 2022 to June 30,
 2023, OR COVERING THE PERIOD JULY 1, 2023 TO JUNE 30, 2024 determined in
 accordance with paragraph (a) of  this  subdivision  fails,  refuses  or
 neglects to make payment to the provider of excess insurance coverage or
 equivalent  excess coverage in such time and manner as determined by the
 superintendent of financial services pursuant to paragraph (b)  of  this
 subdivision,  excess  insurance  coverage  or equivalent excess coverage
 purchased for such physician or dentist in accordance with this  section
 for  such  coverage period shall be cancelled and shall be null and void
 as of the first day on or after the  commencement  of  a  policy  period
 where  the  liability  for  payment pursuant to this subdivision has not
 been met.
   (d) Each provider of excess insurance coverage  or  equivalent  excess
 coverage  shall  notify the superintendent of financial services and the
 commissioner of health or their designee of each physician  and  dentist
 eligible  for  purchase  of  a  policy  for excess insurance coverage or
 equivalent excess coverage covering the period July 1, 1992 to June  30,
 1993,  or covering the period July 1, 1993 to June 30, 1994, or covering
 the period July 1, 1994 to June 30, 1995, or covering the period July 1,
 1995 to June 30, 1996, or covering the period July 1, 1996 to  June  30,
 1997,  or covering the period July 1, 1997 to June 30, 1998, or covering
 S. 4007                            100                           A. 3007
 
 the period July 1, 1998 to June 30, 1999, or covering the period July 1,
 1999 to June 30, 2000, or covering the period July 1, 2000 to  June  30,
 2001, or covering the period July 1, 2001 to October 29, 2001, or cover-
 ing  the  period  April 1, 2002 to June 30, 2002, or covering the period
 July 1, 2002 to June 30, 2003, or covering the period July  1,  2003  to
 June  30, 2004, or covering the period July 1, 2004 to June 30, 2005, or
 covering the period July 1, 2005 to June 30, 2006, or covering the peri-
 od July 1, 2006 to June 30, 2007, or covering the period July 1, 2007 to
 June 30, 2008, or covering the period July 1, 2008 to June 30, 2009,  or
 covering the period July 1, 2009 to June 30, 2010, or covering the peri-
 od July 1, 2010 to June 30, 2011, or covering the period July 1, 2011 to
 June  30, 2012, or covering the period July 1, 2012 to June 30, 2013, or
 covering the period July 1, 2013 to June 30, 2014, or covering the peri-
 od July 1, 2014 to June 30, 2015, or covering the period July 1, 2015 to
 June 30, 2016, or covering the period July 1, 2016 to June 30, 2017,  or
 covering the period July 1, 2017 to June 30, 2018, or covering the peri-
 od July 1, 2018 to June 30, 2019, or covering the period July 1, 2019 to
 June  30, 2020, or covering the period July 1, 2020 to June 30, 2021, or
 covering the period July 1, 2021 to June 30, 2022, or covering the peri-
 od July 1, 2022 to June [1] 30, 2023, OR COVERING  THE  PERIOD  JULY  1,
 2023  TO  JUNE 30, 2024 that has made payment to such provider of excess
 insurance coverage or equivalent  excess  coverage  in  accordance  with
 paragraph  (b) of this subdivision and of each physician and dentist who
 has failed, refused or neglected to make such payment.
   (e) A provider of  excess  insurance  coverage  or  equivalent  excess
 coverage  shall  refund to the hospital excess liability pool any amount
 allocable to the period July 1, 1992 to June 30, 1993, and to the period
 July 1, 1993 to June 30, 1994, and to the period July 1,  1994  to  June
 30,  1995,  and  to the period July 1, 1995 to June 30, 1996, and to the
 period July 1, 1996 to June 30, 1997, and to the period July 1, 1997  to
 June  30,  1998, and to the period July 1, 1998 to June 30, 1999, and to
 the period July 1, 1999 to June 30, 2000, and to the period July 1, 2000
 to June 30, 2001, and to the period July 1, 2001 to  October  29,  2001,
 and to the period April 1, 2002 to June 30, 2002, and to the period July
 1,  2002  to  June  30, 2003, and to the period July 1, 2003 to June 30,
 2004, and to the period July 1, 2004 to June 30, 2005, and to the period
 July 1, 2005 to June 30, 2006, and to the period July 1,  2006  to  June
 30,  2007,  and  to the period July 1, 2007 to June 30, 2008, and to the
 period July 1, 2008 to June 30, 2009, and to the period July 1, 2009  to
 June  30,  2010, and to the period July 1, 2010 to June 30, 2011, and to
 the period July 1, 2011 to June 30, 2012, and to the period July 1, 2012
 to June 30, 2013, and to the period July 1, 2013 to June 30,  2014,  and
 to  the  period July 1, 2014 to June 30, 2015, and to the period July 1,
 2015 to June 30, 2016, to the period July 1, 2016 to June 30, 2017,  and
 to  the  period July 1, 2017 to June 30, 2018, and to the period July 1,
 2018 to June 30, 2019, and to the period July 1, 2019 to June 30,  2020,
 and  to the period July 1, 2020 to June 30, 2021, and to the period July
 1, 2021 to June 30, 2022, and to the period July 1,  2022  to  June  30,
 2023,  AND TO THE PERIOD JULY 1, 2023 TO JUNE 30, 2024 received from the
 hospital excess liability pool for purchase of excess insurance coverage
 or equivalent excess coverage covering the period July 1, 1992  to  June
 30,  1993,  and  covering  the period July 1, 1993 to June 30, 1994, and
 covering the period July 1, 1994 to June  30,  1995,  and  covering  the
 period  July  1,  1995 to June 30, 1996, and covering the period July 1,
 1996 to June 30, 1997, and covering the period July 1, 1997 to June  30,
 1998,  and covering the period July 1, 1998 to June 30, 1999, and cover-
 S. 4007                            101                           A. 3007
 
 ing the period July 1, 1999 to June 30, 2000, and  covering  the  period
 July  1,  2000 to June 30, 2001, and covering the period July 1, 2001 to
 October 29, 2001, and covering the period April  1,  2002  to  June  30,
 2002,  and covering the period July 1, 2002 to June 30, 2003, and cover-
 ing the period July 1, 2003 to June 30, 2004, and  covering  the  period
 July  1,  2004 to June 30, 2005, and covering the period July 1, 2005 to
 June 30, 2006, and covering the period July 1, 2006 to  June  30,  2007,
 and  covering the period July 1, 2007 to June 30, 2008, and covering the
 period July 1, 2008 to June 30, 2009, and covering the  period  July  1,
 2009  to June 30, 2010, and covering the period July 1, 2010 to June 30,
 2011, and covering the period July 1, 2011 to June 30, 2012, and  cover-
 ing  the  period  July 1, 2012 to June 30, 2013, and covering the period
 July 1, 2013 to June 30, 2014, and covering the period July 1,  2014  to
 June  30,  2015,  and covering the period July 1, 2015 to June 30, 2016,
 and covering the period July 1, 2016 to June 30, 2017, and covering  the
 period  July  1,  2017 to June 30, 2018, and covering the period July 1,
 2018 to June 30, 2019, and covering the period July 1, 2019 to June  30,
 2020,  and covering the period July 1, 2020 to June 30, 2021, and cover-
 ing the period July 1, 2021 to June 30, 2022, and  covering  the  period
 July  1, 2022 to June 30, 2023 for, AND COVERING THE PERIOD JULY 1, 2023
 TO JUNE 30, 2024 a physician or  dentist  where  such  excess  insurance
 coverage  or  equivalent excess coverage is cancelled in accordance with
 paragraph (c) of this subdivision.
   § 4. Section 40 of chapter 266 of the laws of 1986, amending the civil
 practice law and rules  and  other  laws  relating  to  malpractice  and
 professional medical conduct, as amended by section 4 of part Z of chap-
 ter 57 of the laws of 2022, is amended to read as follows:
   §  40.  The superintendent of financial services shall establish rates
 for policies providing coverage  for  physicians  and  surgeons  medical
 malpractice  for the periods commencing July 1, 1985 and ending June 30,
 [2023] 2024; provided, however, that notwithstanding any other provision
 of law, the superintendent shall not establish or approve  any  increase
 in  rates  for  the  period  commencing July 1, 2009 and ending June 30,
 2010. The superintendent shall direct insurers to  establish  segregated
 accounts  for premiums, payments, reserves and investment income attrib-
 utable to such premium periods and shall require periodic reports by the
 insurers regarding claims and expenses attributable to such  periods  to
 monitor whether such accounts will be sufficient to meet incurred claims
 and  expenses. On or after July 1, 1989, the superintendent shall impose
 a surcharge on premiums  to  satisfy  a  projected  deficiency  that  is
 attributable  to the premium levels established pursuant to this section
 for such periods; provided, however, that such  annual  surcharge  shall
 not  exceed  eight  percent of the established rate until July 1, [2023]
 2024, at which time and thereafter such surcharge shall not exceed twen-
 ty-five percent of the approved adequate  rate,  and  that  such  annual
 surcharges shall continue for such period of time as shall be sufficient
 to  satisfy  such  deficiency.  The superintendent shall not impose such
 surcharge during the period commencing July 1, 2009 and ending June  30,
 2010.  On  and  after  July  1,  1989,  the surcharge prescribed by this
 section shall be retained by insurers to the extent  that  they  insured
 physicians  and surgeons during the July 1, 1985 through June 30, [2023]
 2024 policy periods; in the event  and  to  the  extent  physicians  and
 surgeons  were  insured by another insurer during such periods, all or a
 pro rata share of the surcharge, as the case may be, shall  be  remitted
 to  such  other  insurer  in accordance with rules and regulations to be
 promulgated by the superintendent.  Surcharges collected from physicians
 S. 4007                            102                           A. 3007
 
 and surgeons who were not insured during such policy  periods  shall  be
 apportioned  among  all insurers in proportion to the premium written by
 each insurer during such policy periods; if a physician or  surgeon  was
 insured by an insurer subject to rates established by the superintendent
 during  such  policy  periods,  and  at  any time thereafter a hospital,
 health maintenance organization, employer or institution is  responsible
 for  responding in damages for liability arising out of such physician's
 or surgeon's practice of medicine, such responsible  entity  shall  also
 remit  to  such  prior  insurer the equivalent amount that would then be
 collected as a surcharge if the physician or surgeon  had  continued  to
 remain  insured  by  such  prior  insurer. In the event any insurer that
 provided coverage during such policy  periods  is  in  liquidation,  the
 property/casualty  insurance  security fund shall receive the portion of
 surcharges to which the insurer in liquidation would have been entitled.
 The surcharges authorized herein shall be deemed to be income earned for
 the purposes of section 2303 of the insurance law.  The  superintendent,
 in  establishing  adequate  rates and in determining any projected defi-
 ciency pursuant to the requirements of this section  and  the  insurance
 law,  shall  give  substantial  weight, determined in his discretion and
 judgment, to the  prospective  anticipated  effect  of  any  regulations
 promulgated  and  laws  enacted  and the public benefit of   stabilizing
 malpractice rates and minimizing rate level fluctuation during the peri-
 od of time necessary for the development of  more  reliable  statistical
 experience  as  to  the  efficacy of such laws and regulations affecting
 medical, dental or podiatric malpractice enacted or promulgated in 1985,
 1986, by this act and at any other time.  Notwithstanding any  provision
 of the insurance law, rates already established and to be established by
 the  superintendent pursuant to this section are deemed adequate if such
 rates would be adequate when taken together with the maximum  authorized
 annual  surcharges to be imposed for a reasonable period of time whether
 or not any such annual surcharge has been actually  imposed  as  of  the
 establishment of such rates.
   §  5. Section 5 and subdivisions (a) and (e) of section 6 of part J of
 chapter 63 of the laws of 2001, amending chapter  266  of  the  laws  of
 1986,  amending the civil practice law and rules and other laws relating
 to malpractice and professional medical conduct, as amended by section 5
 of part Z of chapter 57 of the laws of 2022,  are  amended  to  read  as
 follows:
   §  5. The superintendent of financial services and the commissioner of
 health shall determine, no later than June 15, 2002, June 15, 2003, June
 15, 2004, June 15, 2005, June 15, 2006, June 15, 2007,  June  15,  2008,
 June  15,  2009,  June  15, 2010, June 15, 2011, June 15, 2012, June 15,
 2013, June 15, 2014, June 15, 2015, June 15, 2016, June 15,  2017,  June
 15,  2018,  June  15, 2019, June 15, 2020, June 15, 2021, June 15, 2022,
 [and] June 15, 2023, AND JUNE 15, 2024 the amount of funds available  in
 the  hospital  excess  liability pool, created pursuant to section 18 of
 chapter 266 of the laws of 1986, and whether such funds  are  sufficient
 for  purposes  of  purchasing  excess  insurance  coverage  for eligible
 participating physicians and dentists during the period July 1, 2001  to
 June 30, 2002, or July 1, 2002 to June 30, 2003, or July 1, 2003 to June
 30,  2004, or July 1, 2004 to June 30, 2005, or July 1, 2005 to June 30,
 2006, or July 1, 2006 to June 30, 2007, or July  1,  2007  to  June  30,
 2008,  or  July  1,  2008  to June 30, 2009, or July 1, 2009 to June 30,
 2010, or July 1, 2010 to June 30, 2011, or July  1,  2011  to  June  30,
 2012,  or  July  1,  2012  to June 30, 2013, or July 1, 2013 to June 30,
 2014, or July 1, 2014 to June 30, 2015, or July  1,  2015  to  June  30,
 S. 4007                            103                           A. 3007
 
 2016,  or  July  1,  2016  to June 30, 2017, or July 1, 2017 to June 30,
 2018, or July 1, 2018 to June 30, 2019, or July  1,  2019  to  June  30,
 2020,  or  July  1,  2020  to June 30, 2021, or July 1, 2021 to June 30,
 2022, or July 1, 2022 to June 30, 2023, OR JULY 1, 2023 TO JUNE 30, 2024
 as applicable.
   (a)  This section shall be effective only upon a determination, pursu-
 ant to section five of this act,  by  the  superintendent  of  financial
 services  and  the  commissioner  of health, and a certification of such
 determination to the state director of the  budget,  the  chair  of  the
 senate  committee  on finance and the chair of the assembly committee on
 ways and means, that the amount of funds in the hospital excess  liabil-
 ity  pool,  created pursuant to section 18 of chapter 266 of the laws of
 1986, is insufficient for purposes of purchasing excess insurance cover-
 age for eligible participating physicians and dentists during the period
 July 1, 2001 to June 30, 2002, or July 1, 2002 to June 30, 2003, or July
 1, 2003 to June 30, 2004, or July 1, 2004 to June 30, 2005, or  July  1,
 2005 to June 30, 2006, or July 1, 2006 to June 30, 2007, or July 1, 2007
 to  June  30, 2008, or July 1, 2008 to June 30, 2009, or July 1, 2009 to
 June 30, 2010, or July 1, 2010 to June 30, 2011, or July 1, 2011 to June
 30, 2012, or July 1, 2012 to June 30, 2013, or July 1, 2013 to June  30,
 2014,  or  July  1,  2014  to June 30, 2015, or July 1, 2015 to June 30,
 2016, or July 1, 2016 to June 30, 2017, or July  1,  2017  to  June  30,
 2018,  or  July  1,  2018  to June 30, 2019, or July 1, 2019 to June 30,
 2020, or July 1, 2020 to June 30, 2021, or July  1,  2021  to  June  30,
 2022, or July 1, 2022 to June 30, 2023, OR JULY 1, 2023 TO JUNE 30, 2024
 as applicable.
   (e)  The  commissioner  of  health  shall  transfer for deposit to the
 hospital excess liability pool created pursuant to section 18 of chapter
 266 of the laws of 1986 such amounts as directed by  the  superintendent
 of  financial  services  for  the purchase of excess liability insurance
 coverage for eligible participating  physicians  and  dentists  for  the
 policy  year  July 1, 2001 to June 30, 2002, or July 1, 2002 to June 30,
 2003, or July 1, 2003 to June 30, 2004, or July  1,  2004  to  June  30,
 2005,  or  July  1,  2005  to June 30, 2006, or July 1, 2006 to June 30,
 2007, as applicable, and the cost of administering the  hospital  excess
 liability pool for such applicable policy year,  pursuant to the program
 established  in  chapter  266  of the laws of 1986, as amended, no later
 than June 15, 2002, June 15, 2003, June 15, 2004, June  15,  2005,  June
 15,  2006,  June  15, 2007, June 15, 2008, June 15, 2009, June 15, 2010,
 June 15, 2011, June 15, 2012, June 15, 2013, June  15,  2014,  June  15,
 2015,  June  15, 2016, June 15, 2017, June 15, 2018, June 15, 2019, June
 15, 2020, June 15, 2021, June 15, 2022, [and] June 15,  2023,  AND  JUNE
 15, 2024 as applicable.
   §  6. Section 20 of part H of chapter 57 of the laws of 2017, amending
 the New York Health Care Reform Act of 1996 and other laws  relating  to
 extending  certain provisions thereto, as amended by section 6 of part Z
 of chapter 57 of the laws of 2022, is amended to read as follows:
   § 20. Notwithstanding any law, rule or  regulation  to  the  contrary,
 only  physicians  or dentists who were eligible, and for whom the super-
 intendent of financial services and the commissioner of health, or their
 designee, purchased, with funds available in the hospital excess liabil-
 ity pool, a full or partial policy for  excess  coverage  or  equivalent
 excess  coverage  for  the coverage period ending the thirtieth of June,
 two thousand [twenty-two] TWENTY-THREE, shall be eligible to  apply  for
 such  coverage  for the coverage period beginning the first of July, two
 thousand [twenty-two] TWENTY-THREE;  provided,  however,  if  the  total
 S. 4007                            104                           A. 3007
 
 number of physicians or dentists for whom such excess coverage or equiv-
 alent excess coverage was purchased for the policy year ending the thir-
 tieth  of June, two thousand [twenty-two] TWENTY-THREE exceeds the total
 number  of physicians or dentists certified as eligible for the coverage
 period beginning the first of July, two  thousand  [twenty-two]  TWENTY-
 THREE, then the general hospitals may certify additional eligible physi-
 cians  or  dentists in a number equal to such general hospital's propor-
 tional share of the total number of  physicians  or  dentists  for  whom
 excess  coverage  or equivalent excess coverage was purchased with funds
 available in the hospital excess liability pool as of the  thirtieth  of
 June,  two thousand [twenty-two] TWENTY-THREE, as applied to the differ-
 ence between the number of eligible physicians or dentists  for  whom  a
 policy  for  excess coverage or equivalent excess coverage was purchased
 for the coverage period ending  the  thirtieth  of  June,  two  thousand
 [twenty-two]  TWENTY-THREE and the number of such eligible physicians or
 dentists who have applied  for  excess  coverage  or  equivalent  excess
 coverage  for the coverage period beginning the first of July, two thou-
 sand [twenty-two] TWENTY-THREE.
   § 7. This act shall take effect immediately and  shall  be  deemed  to
 have been in full force and effect on and after April 1, 2023.
 
                                  PART G
 
   Section 1. Paragraph (a) of subdivision 12 of section 203 of the elder
 law,  as added by section 1 of part U of chapter 57 of the laws of 2019,
 is amended to read as follows:
   (a) The director is hereby authorized to implement private pay  proto-
 cols  for programs and services administered by the office. These proto-
 cols may be implemented by area agencies on aging at  their  option  and
 such  protocols  shall not be applied to services for a participant when
 being paid for with federal funds or funds designated as federal  match,
 or  for  individuals  with  an income below [four] TWO hundred AND FIFTY
 percent of the federal poverty  level.  All  private  payments  received
 directly by an area agency on aging or indirectly by one of its contrac-
 tors shall be used to supplement, not supplant, funds by state, federal,
 or  county  appropriations.  Such private pay payments shall be set at a
 cost to the participant of not more than twenty percent above either the
 unit cost to the area agency on aging to provide the program or  service
 directly,  or  the  amount  that  the  area  agency on aging pays to its
 contractor to provide the  program  or  service.  Private  pay  payments
 received  under  this  subdivision  shall  be used by the area agency on
 aging to first reduce any unmet need for programs and services, and then
 to support and enhance services or programs provided by the area  agency
 on aging. No participant, regardless of income, shall be required to pay
 for  any  program  or  service that they are receiving at the time these
 protocols are implemented by the area agency on aging. This  subdivision
 shall not prevent cost sharing for the programs and services established
 pursuant  to section two hundred fourteen of this title [for individuals
 below four hundred percent of the  federal  poverty  level].  Consistent
 with  federal and state statute and regulations, when providing programs
 and services, area agencies on aging and their contractors shall contin-
 ue to give priority for programs and services to  individuals  with  the
 greatest  economic  or  social  needs. In the event that the capacity to
 provide programs and services is limited,  such  programs  and  services
 shall  be  provided to individuals with incomes below [four] TWO hundred
 AND FIFTY percent of the federal poverty level before such programs  and
 S. 4007                            105                           A. 3007
 
 services are provided to those participating in the private pay protocol
 pursuant to this subdivision.
   § 2. This act shall take effect immediately.
 
                                  PART H
 
   Section  1.   Section 5 of part AAA of chapter 56 of the laws of 2022,
 amending the social services law relating to expanding  Medicaid  eligi-
 bility  requirements for seniors and disabled individuals, is amended to
 read as follows:
   § 5. This act shall take effect January 1, 2023,  subject  to  federal
 financial  participation  for sections one, three, and four of this act;
 provided, however that [the] SECTION TWO OF THIS ACT SHALL  TAKE  EFFECT
 JANUARY 1, 2024. THE commissioner of health shall notify the legislative
 bill  drafting  commission  upon  the  occurrence  of  federal financial
 participation in order that the commission may maintain an accurate  and
 timely effective data base of the official text of the laws of the state
 of  New York in furtherance of effectuating the provisions of section 44
 of the legislative law and section 70-b of the public officers law.
   § 2. Short title. This act shall be known and  may  be  cited  as  the
 "1332 state innovation program".
   § 3. The social services law is amended by adding a new section 369-ii
 to read as follows:
   §  369-II.  1332 STATE INNOVATION PROGRAM. 1. AUTHORIZATION.  NOTWITH-
 STANDING SECTION THREE HUNDRED SIXTY-NINE-GG OF THIS TITLE,  SUBJECT  TO
 FEDERAL  APPROVAL, IF IT IS IN THE FINANCIAL INTEREST OF THE STATE TO DO
 SO, THE COMMISSIONER OF HEALTH IS AUTHORIZED, WITH THE APPROVAL  OF  THE
 DIRECTOR  OF  THE  BUDGET,  TO ESTABLISH A 1332 STATE INNOVATION PROGRAM
 PURSUANT TO SECTION 1332 OF THE PATIENT PROTECTION AND  AFFORDABLE  CARE
 ACT  (P.L.   111-148) AND SUBDIVISION TWENTY-FIVE OF SECTION TWO HUNDRED
 SIXTY-EIGHT-C OF THE PUBLIC HEALTH LAW.  THE  COMMISSIONER  OF  HEALTH'S
 AUTHORITY  PURSUANT  TO  THIS  SECTION  IS CONTINGENT UPON OBTAINING AND
 MAINTAINING ALL NECESSARY APPROVALS FROM THE  SECRETARY  OF  HEALTH  AND
 HUMAN SERVICES AND THE SECRETARY OF THE TREASURY BASED ON AN APPLICATION
 FOR  A  WAIVER FOR STATE INNOVATION. THE COMMISSIONER OF HEALTH MAY TAKE
 ALL ACTIONS NECESSARY TO OBTAIN SUCH APPROVALS.
   2. DEFINITIONS. FOR THE PURPOSES OF THIS SECTION:
   (A) "ELIGIBLE ORGANIZATION" MEANS  AN  INSURER  LICENSED  PURSUANT  TO
 ARTICLE  THIRTY-TWO  OR FORTY-TWO OF THE INSURANCE LAW, A CORPORATION OR
 AN ORGANIZATION UNDER ARTICLE FORTY-THREE OF THE INSURANCE  LAW,  OR  AN
 ORGANIZATION  CERTIFIED  UNDER  ARTICLE  FORTY-FOUR OF THE PUBLIC HEALTH
 LAW, INCLUDING PROVIDERS  CERTIFIED  UNDER  SECTION  FORTY-FOUR  HUNDRED
 THREE-E OF THE PUBLIC HEALTH LAW.
   (B) "APPROVED ORGANIZATION" MEANS AN ELIGIBLE ORGANIZATION APPROVED BY
 THE  COMMISSIONER OF HEALTH TO UNDERWRITE A 1332 STATE INNOVATION HEALTH
 INSURANCE PLAN PURSUANT TO THIS SECTION.
   (C) "HEALTH CARE SERVICES" MEANS:
   (I) THE SERVICES AND SUPPLIES AS DEFINED BY THE COMMISSIONER OF HEALTH
 IN CONSULTATION WITH THE SUPERINTENDENT OF FINANCIAL SERVICES, AND SHALL
 BE CONSISTENT WITH AND SUBJECT  TO  THE  ESSENTIAL  HEALTH  BENEFITS  AS
 DEFINED  BY  THE  COMMISSIONER  IN ACCORDANCE WITH THE PROVISIONS OF THE
 PATIENT PROTECTION AND AFFORDABLE CARE ACT (P.L. 111-148) AND CONSISTENT
 WITH THE BENEFITS PROVIDED BY THE REFERENCE PLAN SELECTED BY THE COMMIS-
 SIONER OF HEALTH FOR THE PURPOSES OF DEFINING SUCH BENEFITS,  AND  SHALL
 INCLUDE  COVERAGE  OF  AND ACCESS TO THE SERVICES OF ANY NATIONAL CANCER
 INSTITUTE-DESIGNATED CANCER CENTER LICENSED BY THE DEPARTMENT OF  HEALTH
 S. 4007                            106                           A. 3007
 
 WITHIN  THE SERVICE AREA OF THE APPROVED ORGANIZATION THAT IS WILLING TO
 AGREE  TO  PROVIDE  CANCER-RELATED  INPATIENT,  OUTPATIENT  AND  MEDICAL
 SERVICES  TO  ALL  ENROLLEES  IN  APPROVED  ORGANIZATIONS' PLANS IN SUCH
 CANCER  CENTER'S  SERVICE AREA UNDER THE PREVAILING TERMS AND CONDITIONS
 THAT THE APPROVED ORGANIZATION REQUIRES OF OTHER SIMILAR PROVIDERS TO BE
 INCLUDED IN THE APPROVED  ORGANIZATION'S  NETWORK,  PROVIDED  THAT  SUCH
 TERMS  SHALL  INCLUDE  REIMBURSEMENT  OF SUCH CENTER AT NO LESS THAN THE
 FEE-FOR-SERVICE MEDICAID PAYMENT RATE AND METHODOLOGY APPLICABLE TO  THE
 CENTER'S INPATIENT AND OUTPATIENT SERVICES;
   (II)  DENTAL  AND  VISION  SERVICES  AS DEFINED BY THE COMMISSIONER OF
 HEALTH, AND
   (III) AS DEFINED BY THE COMMISSIONER OF HEALTH AND SUBJECT TO  FEDERAL
 APPROVAL,  CERTAIN  SERVICES AND SUPPORTS PROVIDED TO ENROLLEES WHO HAVE
 FUNCTIONAL LIMITATIONS AND/OR CHRONIC ILLNESSES THAT  HAVE  THE  PRIMARY
 PURPOSE OF SUPPORTING THE ABILITY OF THE ENROLLEE TO LIVE OR WORK IN THE
 SETTING  OF  THEIR  CHOICE,  WHICH  MAY INCLUDE THE INDIVIDUAL'S HOME, A
 WORKSITE, OR A PROVIDER-OWNED OR CONTROLLED RESIDENTIAL SETTING.
   (D) "QUALIFIED HEALTH PLAN" MEANS A HEALTH PLAN THAT MEETS THE  CRITE-
 RIA  FOR  CERTIFICATION DESCRIBED IN § 1311(C) OF THE PATIENT PROTECTION
 AND AFFORDABLE CARE ACT (P.L. 111-148), AND IS  OFFERED  TO  INDIVIDUALS
 THROUGH  THE  NY  STATE  OF  HEALTH, THE OFFICIAL HEALTH MARKETPLACE, OR
 MARKETPLACE, AS DEFINED  IN  SUBDIVISION  TWO  OF  SECTION  TWO  HUNDRED
 SIXTY-EIGHT-A OF THE PUBLIC HEALTH LAW.
   (E) "BASIC HEALTH INSURANCE PLAN" MEANS A HEALTH PLAN PROVIDING HEALTH
 CARE  SERVICES,  SEPARATE AND APART FROM QUALIFIED HEALTH PLANS, THAT IS
 ISSUED BY AN APPROVED ORGANIZATION  AND  CERTIFIED  IN  ACCORDANCE  WITH
 SECTION THREE HUNDRED SIXTY-NINE-GG OF THIS TITLE.
   (F)  "1332 STATE INNOVATION PLAN" MEANS A STANDARD HEALTH PLAN PROVID-
 ING HEALTH CARE SERVICES, SEPARATE AND APART  FROM  A  QUALIFIED  HEALTH
 PLAN  AND  A  BASIC HEALTH INSURANCE PLAN, THAT IS ISSUED BY AN APPROVED
 ORGANIZATION AND CERTIFIED IN ACCORDANCE WITH THIS SECTION.
   3. STATE INNOVATION PLAN ELIGIBLE INDIVIDUAL. (A) A PERSON IS ELIGIBLE
 TO RECEIVE COVERAGE FOR HEALTH CARE UNDER THIS SECTION IF THEY:
   (I) RESIDE IN NEW YORK STATE AND ARE UNDER SIXTY-FIVE YEARS OF AGE;
   (II) ARE NOT ELIGIBLE FOR MEDICAL ASSISTANCE  UNDER  TITLE  ELEVEN  OF
 THIS  ARTICLE  OR FOR THE CHILD HEALTH INSURANCE PLAN DESCRIBED IN TITLE
 ONE-A OF ARTICLE TWENTY-FIVE OF THE PUBLIC HEALTH LAW;
   (III) ARE NOT ELIGIBLE FOR MINIMUM ESSENTIAL COVERAGE, AS  DEFINED  IN
 SECTION  5000A(F)  OF  THE  INTERNAL REVENUE SERVICE CODE OF 1986, OR IS
 ELIGIBLE FOR AN EMPLOYER-SPONSORED  PLAN  THAT  IS  NOT  AFFORDABLE,  IN
 ACCORDANCE WITH SECTION 5000A(F) OF SUCH CODE; AND
   (IV)  HAVE  HOUSEHOLD  INCOME AT OR BELOW TWO HUNDRED FIFTY PERCENT OF
 THE FEDERAL POVERTY LINE DEFINED AND  ANNUALLY  REVISED  BY  THE  UNITED
 STATES  DEPARTMENT  OF  HEALTH AND HUMAN SERVICES FOR A HOUSEHOLD OF THE
 SAME SIZE; AND HAS HOUSEHOLD INCOME THAT  EXCEEDS  ONE  HUNDRED  THIRTY-
 THREE  PERCENT  OF THE FEDERAL POVERTY LINE DEFINED AND ANNUALLY REVISED
 BY THE UNITED STATES DEPARTMENT OF  HEALTH  AND  HUMAN  SERVICES  FOR  A
 HOUSEHOLD  OF THE SAME SIZE; HOWEVER, MAGI ELIGIBLE NONCITIZENS LAWFULLY
 PRESENT IN THE UNITED STATES WITH HOUSEHOLD  INCOMES  AT  OR  BELOW  ONE
 HUNDRED THIRTY-THREE PERCENT OF THE FEDERAL POVERTY LINE SHALL BE ELIGI-
 BLE  TO  RECEIVE  COVERAGE  FOR  HEALTH  CARE  SERVICES  PURSUANT TO THE
 PROVISIONS OF THIS SECTION IF SUCH NONCITIZEN WOULD  BE  INELIGIBLE  FOR
 MEDICAL ASSISTANCE UNDER TITLE ELEVEN OF THIS ARTICLE DUE TO THEIR IMMI-
 GRATION STATUS.
   (B)  SUBJECT TO FEDERAL APPROVAL, A CHILD BORN TO AN INDIVIDUAL ELIGI-
 BLE FOR AND RECEIVING COVERAGE FOR HEALTH CARE SERVICES PURSUANT TO THIS
 S. 4007                            107                           A. 3007

 SECTION WHO BUT FOR THEIR ELIGIBILITY UNDER THIS SECTION WOULD BE ELIGI-
 BLE FOR COVERAGE PURSUANT TO SUBPARAGRAPHS TWO OR FOUR OF PARAGRAPH  (B)
 OF  SUBDIVISION  ONE OF SECTION THREE HUNDRED SIXTY-SIX OF THIS ARTICLE,
 SHALL  BE  ADMINISTRATIVELY  ENROLLED, AS DEFINED BY THE COMMISSIONER OF
 HEALTH, IN MEDICAL ASSISTANCE AND TO HAVE BEEN FOUND ELIGIBLE  FOR  SUCH
 ASSISTANCE  ON  THE  DATE  OF SUCH BIRTH AND TO REMAIN ELIGIBLE FOR SUCH
 ASSISTANCE FOR A PERIOD OF ONE YEAR.
   (C) SUBJECT TO FEDERAL APPROVAL, AN INDIVIDUAL WHO IS ELIGIBLE FOR AND
 RECEIVING COVERAGE FOR HEALTH CARE SERVICES PURSUANT TO THIS SECTION  IS
 ELIGIBLE  TO  CONTINUE  TO RECEIVE HEALTH CARE SERVICES PURSUANT TO THIS
 SECTION DURING THE INDIVIDUAL'S PREGNANCY AND FOR A PERIOD OF  ONE  YEAR
 FOLLOWING  THE  END OF THE PREGNANCY WITHOUT REGARD TO ANY CHANGE IN THE
 INCOME OF THE HOUSEHOLD THAT INCLUDES THE PREGNANT INDIVIDUAL,  EVEN  IF
 SUCH  CHANGE  WOULD RENDER THE PREGNANT INDIVIDUAL INELIGIBLE TO RECEIVE
 HEALTH CARE SERVICES PURSUANT TO THIS SECTION.
   (D) FOR THE PURPOSES OF THIS SECTION, 1332  STATE  INNOVATION  PROGRAM
 ELIGIBLE  INDIVIDUALS  ARE  PROHIBITED  FROM  BEING TREATED AS QUALIFIED
 INDIVIDUALS UNDER SECTION 1312 OF THE AFFORDABLE CARE ACT AND AS  ELIGI-
 BLE INDIVIDUALS UNDER SECTION 1331 OF THE ACA AND ENROLLING IN QUALIFIED
 HEALTH  PLAN THROUGH THE MARKETPLACE OR STANDARD HEALTH PLAN THROUGH THE
 BASIC HEALTH PROGRAM.
   4. ENROLLMENT. (A) SUBJECT TO FEDERAL APPROVAL,  THE  COMMISSIONER  OF
 HEALTH  IS  AUTHORIZED TO ESTABLISH AN APPLICATION AND ENROLLMENT PROCE-
 DURE FOR PROSPECTIVE ENROLLEES. SUCH PROCEDURE WILL INCLUDE A  VERIFICA-
 TION  SYSTEM  FOR  APPLICANTS,  WHICH  MUST  BE CONSISTENT WITH 42 USC §
 1320B-7.
   (B) SUCH PROCEDURE SHALL ALLOW FOR CONTINUOUS ENROLLMENT FOR ENROLLEES
 TO THE 1332 STATE INNOVATION PROGRAM WHERE AN INDIVIDUAL MAY  APPLY  AND
 ENROLL FOR COVERAGE AT ANY POINT.
   (C)  UPON  AN  APPLICANT'S ENROLLMENT IN A 1332 STATE INNOVATION PLAN,
 COVERAGE FOR HEALTH CARE SERVICES PURSUANT TO  THE  PROVISIONS  OF  THIS
 SECTION  SHALL BE RETROACTIVE TO THE FIRST DAY OF THE MONTH IN WHICH THE
 INDIVIDUAL WAS DETERMINED ELIGIBLE, EXCEPT IN THE CASE OF PROGRAM  TRAN-
 SITIONS WITHIN THE MARKETPLACE.
   (D)  A  PERSON WHO HAS ENROLLED FOR COVERAGE PURSUANT TO THIS SECTION,
 AND WHO LOSES ELIGIBILITY TO ENROLL IN THE 1332 STATE INNOVATION PROGRAM
 FOR A REASON OTHER THAN CITIZENSHIP STATUS,  LACK  OF  STATE  RESIDENCE,
 FAILURE  TO PROVIDE A VALID SOCIAL SECURITY NUMBER, PROVIDING INACCURATE
 INFORMATION THAT WOULD AFFECT ELIGIBILITY WHEN  REQUESTING  OR  RENEWING
 HEALTH COVERAGE PURSUANT TO THIS SECTION, OR FAILURE TO MAKE AN APPLICA-
 BLE  PREMIUM  PAYMENT, BEFORE THE END OF A TWELVE MONTH PERIOD BEGINNING
 ON THE EFFECTIVE DATE OF THE PERSON'S INITIAL ELIGIBILITY FOR  COVERAGE,
 OR  BEFORE THE END OF A TWELVE MONTH PERIOD BEGINNING ON THE DATE OF ANY
 SUBSEQUENT DETERMINATION OF ELIGIBILITY, SHALL  HAVE  THEIR  ELIGIBILITY
 FOR  COVERAGE  CONTINUED  UNTIL  THE  END  OF  SUCH TWELVE MONTH PERIOD,
 PROVIDED THAT THE STATE RECEIVES FEDERAL APPROVAL FOR USING FUNDS  UNDER
 AN APPROVED 1332 WAIVER.
   5.  PREMIUMS.  SUBJECT TO FEDERAL APPROVAL, THE COMMISSIONER OF HEALTH
 SHALL ESTABLISH PREMIUM PAYMENTS ENROLLEES IN A  1332  STATE  INNOVATION
 PLAN  SHALL  PAY  TO  APPROVED ORGANIZATIONS FOR COVERAGE OF HEALTH CARE
 SERVICES PURSUANT TO THIS SECTION. SUCH PREMIUM PAYMENTS SHALL BE ESTAB-
 LISHED IN THE FOLLOWING MANNER:
   (A) UP TO FIFTEEN DOLLARS MONTHLY FOR AN INDIVIDUAL WITH  A  HOUSEHOLD
 INCOME  ABOVE  TWO HUNDRED PERCENT OF THE FEDERAL POVERTY LINE BUT AT OR
 BELOW TWO HUNDRED FIFTY PERCENT OF THE FEDERAL POVERTY LINE DEFINED  AND
 S. 4007                            108                           A. 3007
 
 ANNUALLY  REVISED  BY  THE  UNITED STATES DEPARTMENT OF HEALTH AND HUMAN
 SERVICES FOR A HOUSEHOLD OF THE SAME SIZE; AND
   (B)  NO PAYMENT IS REQUIRED FOR INDIVIDUALS WITH A HOUSEHOLD INCOME AT
 OR BELOW TWO HUNDRED PERCENT OF THE FEDERAL  POVERTY  LINE  DEFINED  AND
 ANNUALLY  REVISED  BY  THE  UNITED STATES DEPARTMENT OF HEALTH AND HUMAN
 SERVICES FOR A HOUSEHOLD OF THE SAME SIZE.
   6. COST-SHARING. THE COMMISSIONER OF HEALTH SHALL ESTABLISH COST-SHAR-
 ING OBLIGATIONS FOR ENROLLEES, SUBJECT TO  FEDERAL  APPROVAL,  INCLUDING
 CHILDBIRTH  AND  NEWBORN  CARE  CONSISTENT  WITH  THE MEDICAL ASSISTANCE
 PROGRAM UNDER TITLE ELEVEN OF THIS ARTICLE. THERE SHALL BE NO COST-SHAR-
 ING OBLIGATIONS FOR ENROLLEES FOR:
   (A) DENTAL AND VISION SERVICES AS  DEFINED  IN  SUBPARAGRAPH  (II)  OF
 PARAGRAPH (C) OF SUBDIVISION TWO OF THIS SECTION; AND
   (B)  SERVICES  AND  SUPPORTS AS DEFINED IN SUBPARAGRAPH (III) OF PARA-
 GRAPH (C) OF SUBDIVISION TWO OF THIS SECTION.
   7. RATES OF PAYMENT. (A) THE COMMISSIONER OF HEALTH SHALL  SELECT  THE
 CONTRACT  WITH AN INDEPENDENT ACTUARY TO STUDY AND RECOMMEND APPROPRIATE
 REIMBURSEMENT METHODOLOGIES FOR THE COST OF HEALTH CARE SERVICE COVERAGE
 PURSUANT TO THIS SECTION. SUCH INDEPENDENT ACTUARY SHALL REVIEW AND MAKE
 RECOMMENDATIONS CONCERNING APPROPRIATE ACTUARIAL ASSUMPTIONS RELEVANT TO
 THE ESTABLISHMENT OF  REIMBURSEMENT  METHODOLOGIES,  INCLUDING  BUT  NOT
 LIMITED  TO;  THE  ADEQUACY OF RATES OF PAYMENT IN RELATION TO THE POPU-
 LATION TO BE SERVED ADJUSTED FOR CASE MIX,  THE  SCOPE  OF  HEALTH  CARE
 SERVICES  APPROVED  ORGANIZATIONS  MUST PROVIDE, THE UTILIZATION OF SUCH
 SERVICES AND THE NETWORK OF PROVIDERS REQUIRED TO MEET STATE STANDARDS.
   (B) UPON  CONSULTATION  WITH  THE  INDEPENDENT  ACTUARY  AND  ENTITIES
 REPRESENTING  APPROVED  ORGANIZATIONS,  THE COMMISSIONER OF HEALTH SHALL
 DEVELOP REIMBURSEMENT METHODOLOGIES AND FEE  SCHEDULES  FOR  DETERMINING
 RATES  OF  PAYMENT, WHICH RATES SHALL BE APPROVED BY THE DIRECTOR OF THE
 DIVISION OF THE BUDGET, TO BE MADE BY THE DEPARTMENT TO APPROVED  ORGAN-
 IZATIONS  FOR THE COST OF HEALTH CARE SERVICES COVERAGE PURSUANT TO THIS
 SECTION. SUCH REIMBURSEMENT METHODOLOGIES AND FEE SCHEDULES MAY  INCLUDE
 PROVISIONS FOR CAPITATION ARRANGEMENTS.
   (C)  THE COMMISSIONER OF HEALTH SHALL HAVE THE AUTHORITY TO PROMULGATE
 REGULATIONS, INCLUDING EMERGENCY REGULATIONS,  NECESSARY  TO  EFFECTUATE
 THE PROVISIONS OF THIS SUBDIVISION.
   (D)  THE  DEPARTMENT  OF  HEALTH SHALL REQUIRE THE INDEPENDENT ACTUARY
 SELECTED PURSUANT TO PARAGRAPH (A) OF  THIS  SUBDIVISION  TO  PROVIDE  A
 COMPLETE ACTUARIAL REPORT, ALONG WITH ALL ACTUARIAL ASSUMPTIONS MADE AND
 ALL  OTHER  DATA, MATERIALS AND METHODOLOGIES USED IN THE DEVELOPMENT OF
 RATES FOR THE 1332 STATE INNOVATION PLAN AUTHORIZED UNDER THIS  SECTION.
 SUCH REPORT SHALL BE PROVIDED ANNUALLY TO THE TEMPORARY PRESIDENT OF THE
 SENATE AND THE SPEAKER OF THE ASSEMBLY.
   8.  AN  INDIVIDUAL  WHO  IS LAWFULLY ADMITTED FOR PERMANENT RESIDENCE,
 PERMANENTLY RESIDING IN THE UNITED STATES UNDER COLOR OF LAW, OR WHO  IS
 A  NON-CITIZEN  IN  A  VALID NONIMMIGRANT STATUS, AS DEFINED IN 8 U.S.C.
 1101(A)(15), AND WHO WOULD BE INELIGIBLE FOR  MEDICAL  ASSISTANCE  UNDER
 TITLE  ELEVEN  OF  THIS  ARTICLE  DUE TO THEIR IMMIGRATION STATUS IF THE
 PROVISIONS OF SECTION  ONE  HUNDRED  TWENTY-TWO  OF  THIS  CHAPTER  WERE
 APPLIED, SHALL BE CONSIDERED TO BE INELIGIBLE FOR MEDICAL ASSISTANCE FOR
 PURPOSES OF PARAGRAPHS (B) AND (C) OF SUBDIVISION THREE OF THIS SECTION.
   9.  REPORTING. THE COMMISSIONER OF HEALTH SHALL SUBMIT A REPORT TO THE
 TEMPORARY PRESIDENT OF THE SENATE AND THE SPEAKER OF THE ASSEMBLY  ANNU-
 ALLY  BY  DECEMBER THIRTY-FIRST. THE REPORT SHALL INCLUDE, AT A MINIMUM,
 AN ANALYSIS OF THE 1332 STATE INNOVATION PROGRAM AND ITS IMPACT  ON  THE
 FINANCIAL INTEREST OF THE STATE; ITS IMPACT ON THE MARKETPLACE INCLUDING
 S. 4007                            109                           A. 3007
 
 ENROLLMENT  AND PREMIUMS; ITS IMPACT ON THE NUMBER OF UNINSURED INDIVID-
 UALS IN THE STATE; ITS IMPACT ON THE MEDICAID GLOBAL CAP; AND THE  DEMO-
 GRAPHICS  OF  THE  1332 STATE INNOVATION PROGRAM ENROLLEES INCLUDING AGE
 AND IMMIGRATION STATUS.
   10. SEVERABILITY. IF THE SECRETARY OF HEALTH AND HUMAN SERVICES OR THE
 SECRETARY  OF  THE TREASURY DO NOT APPROVE ANY PROVISION OF THE APPLICA-
 TION FOR A STATE INNOVATION WAIVER, SUCH DECISION SHALL IN NO WAY AFFECT
 OR IMPAIR ANY OTHER PROVISIONS THAT THE SECRETARIES  MAY  APPROVE  UNDER
 THIS SECTION.
   §  4. The state finance law is amended by adding a new section 98-d to
 read as follows:
   § 98-D. 1332 STATE INNOVATION PROGRAM FUND. 1. THERE IS HEREBY  ESTAB-
 LISHED IN THE JOINT CUSTODY OF THE STATE COMPTROLLER AND THE COMMISSION-
 ER OF TAXATION AND FINANCE A SPECIAL FUND TO BE KNOWN AS THE "1332 STATE
 INNOVATION PROGRAM FUND".
   2.  SUCH  FUND SHALL BE KEPT SEPARATE AND SHALL NOT BE COMMINGLED WITH
 ANY OTHER FUNDS IN THE CUSTODY OF THE STATE COMPTROLLER AND THE  COMMIS-
 SIONER OF TAXATION AND FINANCE.
   3.  SUCH  FUND  SHALL  CONSIST  OF MONEYS TRANSFERRED FROM THE FEDERAL
 GOVERNMENT PURSUANT TO 42 U.S.C. 18052 AND AN APPROVED 1332 STATE  INNO-
 VATION PROGRAM WAIVER APPLICATION FOR THE PURPOSE IMPLEMENTING THE STATE
 PLAN  UNDER  THE  1332 STATE INNOVATION PROGRAM, ESTABLISHED PURSUANT TO
 SECTION THREE HUNDRED SIXTY-NINE-II OF THE SOCIAL SERVICES LAW.
   4. UPON FEDERAL APPROVAL, ALL MONEYS IN SUCH FUND  SHALL  BE  USED  TO
 IMPLEMENT  AND  OPERATE  THE  1332 STATE INNOVATION PROGRAM, PURSUANT TO
 SECTION THREE HUNDRED SIXTY-NINE-II OF THE SOCIAL SERVICES  LAW,  EXCEPT
 TO THE EXTENT THAT THE PROVISIONS OF SUCH SECTION CONFLICT OR ARE INCON-
 SISTENT  WITH  FEDERAL LAW, IN WHICH CASE THE PROVISIONS OF SUCH FEDERAL
 LAW SHALL SUPERSEDE SUCH STATE LAW PROVISIONS.
   § 5. Severability clause. If any clause, sentence, paragraph, subdivi-
 sion, section or part of this act shall be  adjudged  by  any  court  of
 competent  jurisdiction  to  be invalid, such judgment shall not affect,
 impair, or invalidate the remainder thereof, but shall  be  confined  in
 its  operation  to the clause, sentence, paragraph, subdivision, section
 or part thereof directly involved in the controversy in which such judg-
 ment shall have been rendered. It is hereby declared to be the intent of
 the legislature that this act would  have  been  enacted  even  if  such
 invalid provisions had not been included herein.
   §  6.  This  act  shall take effect immediately and shall be deemed to
 have been in full force  and  effect  on  and  after  January  1,  2023;
 provided  that  section  three  of this act shall be contingent upon the
 commissioner of health obtaining and maintaining all necessary approvals
 from the secretary of health and human services and the secretary of the
 treasury based on an application  for  a  waiver  for  state  innovation
 pursuant  to  section 1332 of the patient protection and affordable care
 act (P.L.  111-148) and subdivision 25 of section 268-c  of  the  public
 health  law.  The department of health shall notify the legislative bill
 drafting commission upon  the  occurrence  of  approval  of  the  waiver
 program in order that the commission may maintain an accurate and timely
 data  base  of the official text of the laws of the state of New York in
 furtherance of effectuating the provisions of section 44 of the legisla-
 tive law and section 70-b of the public officers law.
 
                                  PART I
 S. 4007                            110                           A. 3007
 
   Section 1. Subdivision (i) of section 111 of part H of chapter  59  of
 the laws of 2011, amending the public health law and other laws relating
 to  known and projected department of health state fund medical expendi-
 tures, as amended by section 8 of part E of chapter 57 of  the  laws  of
 2019, is amended to read as follows:
   (i)  the amendments to paragraph (b) and subparagraph (i) of paragraph
 (g) of subdivision 7 of section 4403-f of the public health law made  by
 section  forty-one-b  of  this act shall expire and be repealed April 1,
 [2023] 2027;
   § 2. The opening paragraph of subdivision 2 of section 4403-f  of  the
 public  health  law,  as amended by section 8 of part C of chapter 58 of
 the laws of 2007, is amended to read as follows:
   An eligible applicant shall submit an application for a certificate of
 authority to operate a managed long term care plan upon forms prescribed
 by the commissioner, INCLUDING ANY SUCH  FORMS  OR  PROCESS  AS  MAY  BE
 REQUIRED  OR  PRESCRIBED  BY  THE  COMMISSIONER  IN  ACCORDANCE WITH THE
 COMPETITIVE BID PROCESS UNDER SUBDIVISION SIX-A OF  THIS  SECTION.  Such
 eligible  applicant  shall  submit  information and documentation to the
 commissioner which shall include, but not be limited to:
   § 3. Paragraph (a) of subdivision 6 of section 4403-f  of  the  public
 health law, as amended by section 4 of part MM of chapter 56 of the laws
 of 2020, is amended to read as follows:
   (a)  An  applicant  shall  be  issued  a certificate of authority as a
 managed long term care plan upon a  determination  by  the  commissioner
 that  the  applicant  complies  with  the  operating  requirements for a
 managed long term care plan under this section. The  commissioner  shall
 issue  no  more  than  seventy-five certificates of authority to managed
 long term care plans pursuant to this section.
   (A-1) Nothing in this section shall  be  construed  as  requiring  the
 department  to  contract  with  or  to contract for a particular line of
 business with an entity certified under this section for  the  provision
 of  services  available under title eleven of article five of the social
 services law.  A MANAGED LONG TERM CARE PLAN  THAT  HAS  BEEN  ISSUED  A
 CERTIFICATE OF AUTHORITY, OR AN APPLICANT FOR A CERTIFICATE OF AUTHORITY
 AS A MANAGED LONG TERM CARE PLAN THAT HAS, IN THE SOLE DISCRETION OF THE
 COMMISSIONER,  IN  ANY OF THE THREE CALENDAR YEARS IMMEDIATELY PRECEDING
 THE APPLICATION, MET ANY OF THE FOLLOWING CRITERIA SHALL NOT BE ELIGIBLE
 FOR A CONTRACT FOR THE PROVISION OF SERVICES AVAILABLE UNDER TITLE ELEV-
 EN OF ARTICLE FIVE OF THE SOCIAL SERVICES LAW: (I) CLASSIFIED AS A  POOR
 PERFORMER,  OR  SUBSTANTIALLY  SIMILAR  TERMINOLOGY,  BY THE CENTERS FOR
 MEDICARE AND MEDICAID SERVICES; (II) AN EXCESSIVE VOLUME  OF  PENALTIES,
 STATEMENTS OF FINDINGS, STATEMENTS OF DEFICIENCY, INTERMEDIATE SANCTIONS
 OR   ENFORCEMENT  ACTIONS,  REGARDLESS  OF  WHETHER  THE  APPLICANT  HAS
 ADDRESSED SUCH ISSUES IN A TIMELY MANNER; OR  (III)  OTHER  CRITERIA  AS
 DEEMED APPROPRIATE BY THE COMMISSIONER.
   §  4.  The  opening  paragraph of subparagraph (i) of paragraph (d) of
 subdivision 6 of section 4403-f of the public health law,  as  added  by
 section  5  of  part MM of chapter 56 of the laws of 2020, is amended to
 read as follows:
   Effective April first, two thousand twenty, and expiring  March  thir-
 ty-first, two thousand [twenty-two] TWENTY-SEVEN, the commissioner shall
 place  a moratorium on the processing and approval of applications seek-
 ing a certificate of authority as a managed long term care plan pursuant
 to this section, including applications seeking authorization to  expand
 an existing managed long term care plan's approved service area or scope
 of eligible enrollee populations. Such moratorium shall not apply to:
 S. 4007                            111                           A. 3007
 
   §  5.  Section  4403-f of the public health law is amended by adding a
 new subdivision 6-a to read as follows:
   6-A.  PERFORMANCE  STANDARDS AND PROCUREMENT. (A) ON OR BEFORE OCTOBER
 FIRST, TWO THOUSAND TWENTY-FOUR, EACH MANAGED LONG TERM CARE  PLAN  THAT
 HAS  BEEN  ISSUED  A  CERTIFICATE  OF AUTHORITY PURSUANT TO THIS SECTION
 SHALL HAVE DEMONSTRATED EXPERIENCE OPERATING A MANAGED  LONG  TERM  CARE
 PLAN  THAT CONTINUOUSLY ENROLLED NO FEWER THAN TWENTY THOUSAND ENROLLEES
 AND/OR  DEMONSTRATED  EXPERIENCE  OPERATING  A  MEDICARE  DUAL  ELIGIBLE
 SPECIAL  NEEDS  PLAN,  OR  AN INTEGRATED MEDICAID PRODUCT OFFERED BY THE
 DEPARTMENT, THAT HAS CONTINUOUSLY ENROLLED NO FEWER THAN  FIVE  THOUSAND
 RESIDENTS  OF  THIS STATE IN THE IMMEDIATELY PRECEDING CALENDAR YEAR. IN
 ADDITION, A MANAGED LONG TERM CARE PLAN SHALL SUFFICIENTLY  DEMONSTRATE,
 IN  THE  SOLE  DISCRETION  OF THE COMMISSIONER, SUCCESS IN THE FOLLOWING
 PERFORMANCE CATEGORIES:
   (I) IN ADDITION TO MEETING THE REQUIREMENTS OF PARAGRAPH (J) OF SUBDI-
 VISION SEVEN OF THIS SECTION, COMMITMENT TO CONTRACTING WITH THE MINIMUM
 NUMBER OF LICENSED HOME CARE SERVICE AGENCIES NEEDED TO  PROVIDE  NECES-
 SARY PERSONAL CARE SERVICES TO THE GREATEST PRACTICABLE NUMBER OF ENROL-
 LEES,  AND  WITH  THE  MINIMUM NUMBER OF FISCAL INTERMEDIARIES NEEDED TO
 PROVIDE NECESSARY CONSUMER DIRECTED PERSONAL ASSISTANCE SERVICES TO  THE
 GREATEST  PRACTICABLE  NUMBER  OF  ENROLLEES  IN ACCORDANCE WITH SECTION
 THREE HUNDRED SIXTY-FIVE-F OF THE SOCIAL SERVICES LAW;
   (II) READINESS TO TIMELY IMPLEMENT AND ADHERE  TO  MAXIMUM  WAIT  TIME
 CRITERIA  FOR  KEY  CATEGORIES OF SERVICE IN ACCORDANCE WITH LAWS, RULES
 AND REGULATIONS OF THE DEPARTMENT OR THE CENTER FOR MEDICARE  AND  MEDI-
 CAID SERVICES;
   (III)  IMPLEMENTATION  OF  A COMMUNITY REINVESTMENT PLAN THAT HAS BEEN
 APPROVED BY THE DEPARTMENT AND COMMITS A PERCENTAGE OF THE MANAGED  LONG
 TERM  CARE  PLAN'S  SURPLUS TO HEALTH RELATED SOCIAL NEEDS AND ADVANCING
 HEALTH EQUITY IN THE MANAGED LONG TERM CARE PLAN'S SERVICE AREA;
   (IV) COMMITMENT TO QUALITY IMPROVEMENT;
   (V) ACCESSIBILITY AND GEOGRAPHIC DISTRIBUTION  OF  NETWORK  PROVIDERS,
 TAKING  INTO  ACCOUNT  THE  NEEDS  OF  PERSONS WITH DISABILITIES AND THE
 DIFFERENCES BETWEEN RURAL, SUBURBAN, AND URBAN SETTINGS;
   (VI) DEMONSTRATED CULTURAL AND LANGUAGE COMPETENCIES SPECIFIC  TO  THE
 POPULATION OF PARTICIPANTS;
   (VII) BREADTH OF SERVICE AREA ACROSS MULTIPLE REGIONS;
   (VIII)  ABILITY  TO  SERVE  ENROLLEES ACROSS THE CONTINUUM OF CARE, AS
 DEMONSTRATED BY THE TYPE AND NUMBER OF PRODUCTS THE  MANAGED  LONG  TERM
 CARE  OPERATES  OR HAS APPLIED TO OPERATE, INCLUDING INTEGRATED CARE FOR
 PARTICIPANTS WHO ARE DUALLY ELIGIBLE  FOR  MEDICAID  AND  MEDICARE,  AND
 THOSE  OPERATED UNDER TITLE ONE-A OF ARTICLE TWENTY-FIVE OF THIS CHAPTER
 AND SECTION THREE HUNDRED SIXTY-NINE-GG OF THE SOCIAL SERVICES LAW;
   (IX) VALUE BASED CARE READINESS AND EXPERIENCE; AND
   (X) SUCH OTHER CRITERIA AS DEEMED APPROPRIATE BY THE COMMISSIONER.
   (B) (I) NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH (A) OF THIS SUBDI-
 VISION, IF NO SOONER THAN OCTOBER FIRST, TWO  THOUSAND  TWENTY-FOUR  THE
 COMMISSIONER  HAS DETERMINED, IN THEIR SOLE DISCRETION, THAT AN INSUFFI-
 CIENT NUMBER OF MANAGED LONG TERM CARE PLANS HAVE  MET  THE  PERFORMANCE
 STANDARDS  SET  FORTH IN PARAGRAPH (A) OF THIS SUBDIVISION, EACH MANAGED
 LONG TERM CARE PLAN THAT HAS BEEN ISSUED A CERTIFICATE OF  AUTHORITY  TO
 COVER A POPULATION OF ENROLLEES ELIGIBLE FOR SERVICES UNDER TITLE XIX OF
 THE  FEDERAL SOCIAL SECURITY ACT SHALL BE REQUIRED TO SUBMIT AN APPLICA-
 TION FOR CONTINUANCE OF ITS CERTIFICATION OF AUTHORITY TO OPERATE  AS  A
 MANAGED  LONG TERM CARE PLAN UNDER THIS SECTION, AND SHALL BE SUBJECT TO
 SELECTION THROUGH A COMPETITIVE BID PROCESS BASED ON PROPOSALS SUBMITTED
 S. 4007                            112                           A. 3007
 
 TO THE DEPARTMENT, WHICH COMPETITIVE BID PROCESS MAY  BE  LIMITED  TO  A
 GEOGRAPHIC  OR  OTHER  REASONABLE  BASIS  OF  NEED, AS DETERMINED BY THE
 COMMISSIONER. IN MAKING A DETERMINATION REGARDING THE NEED FOR A COMPET-
 ITIVE  BID  PROCESS, THE COMMISSIONER SHALL CONSIDER WHETHER ANY MANAGED
 LONG TERM CARE PLANS THAT HAVE NOT MET  THE  PERFORMANCE  STANDARDS  ARE
 ENGAGED  IN A MERGER, ACQUISITION, OR SIMILAR TRANSACTION WITH A MANAGED
 LONG TERM CARE PLAN THAT HAS MET THE PERFORMANCE STANDARDS, AS EVIDENCED
 THROUGH AN EXECUTED DEFINITIVE AGREEMENT BY SUCH MANAGED LONG TERM  CARE
 PLANS.
   (II)  IN  THE EVENT THE COMMISSIONER DETERMINES TO SELECT MANAGED LONG
 TERM CARE PLANS THROUGH A COMPETITIVE BID PROCESS, ANY PROPOSAL  SUBMIT-
 TED TO THE DEPARTMENT THROUGH THE COMPETITIVE BID PROCESS SHALL INCLUDE:
   (A) THE CRITERIA SET FORTH IN PARAGRAPH (A) OF THIS SUBDIVISION;
   (B)  THE  TYPE  AND NUMBER OF PRODUCTS THE BIDDER PROPOSES TO OPERATE,
 INCLUDING THOSE PROVIDING INTEGRATED CARE TO INDIVIDUALS DUALLY ELIGIBLE
 FOR SERVICES AND BENEFITS UNDER TITLES XVIII  AND  XIX  OF  THE  FEDERAL
 SOCIAL  SECURITY  ACT  IN  CONJUNCTION  WITH AN AFFILIATED MEDICARE DUAL
 ELIGIBLE SPECIAL NEEDS PLAN; AND
   (C) THE BIDDER'S COMMITMENT TO OFFERING PLANS IN MULTIPLE REGIONS,  AS
 SUCH  REGIONS ARE DEFINED BY THE DEPARTMENT, AND IN EVERY COUNTY OF EACH
 REGION FOR WHICH THEY ARE SUBMITTING A BID.
   (III) MANAGED LONG TERM CARE PLANS AWARDED UNDER THIS PARAGRAPH  SHALL
 BE ENTITLED TO ENTER INTO A CONTRACT WITH THE DEPARTMENT FOR THE PURPOSE
 OF  OFFERING  MANAGED  LONG  TERM CARE SERVICES TO ENROLLEES PURSUANT TO
 THIS SECTION.
   (IV) MANAGED LONG TERM CARE PLANS WHICH SUBMIT A BID THROUGH A COMPET-
 ITIVE BID PROCESS AND ARE NOT AWARDED UNDER THIS PARAGRAPH  SHALL,  UPON
 DIRECTION  FROM  THE COMMISSIONER, TERMINATE ITS SERVICES AND OPERATIONS
 IN ACCORDANCE WITH THE CONTRACT BETWEEN THE MANAGED LONG TERM CARE  PLAN
 AND  THE  DEPARTMENT,  AND  SHALL  BE  ADDITIONALLY REQUIRED TO MAINTAIN
 COVERAGE OF PARTICIPANTS FOR SUCH PERIOD OF TIME AS DETERMINED NECESSARY
 BY THE COMMISSIONER TO ACHIEVE THE SAFE AND ORDERLY TRANSFER OF  PARTIC-
 IPANTS. PARTICIPANTS WHO, AFTER NO LESS THAN SIXTY DAYS NOTICE, HAVE NOT
 SELECTED  ANOTHER PLAN WILL BE ASSIGNED TO A MANAGED LONG TERM CARE PLAN
 OR PLANS, AS DETERMINED BY THE COMMISSIONER.
   (C) NOTWITHSTANDING  SECTIONS  ONE  HUNDRED  TWELVE  AND  ONE  HUNDRED
 SIXTY-THREE OF THE STATE FINANCE LAW, SECTIONS ONE HUNDRED FORTY-TWO AND
 ONE  HUNDRED  FORTY-THREE OF THE ECONOMIC DEVELOPMENT LAW, AND ANY OTHER
 INCONSISTENT PROVISION OF LAW, IN THE EVENT THE COMMISSIONER  DETERMINES
 TO  PROVIDE  FOR THE SELECTION OF QUALIFIED MANAGED LONG TERM CARE PLANS
 IN ACCORDANCE WITH PARAGRAPH (B) OF THIS SUBDIVISION THROUGH  A  COMPET-
 ITIVE BID PROCESS, SUCH PROCESS SHALL BE BASED ON PROPOSALS SUBMITTED TO
 THE DEPARTMENT; PROVIDED, HOWEVER, THAT:
   (I)  A  PROPOSAL  SUBMITTED  BY  A  MANAGED  LONG TERM CARE PLAN SHALL
 INCLUDE INFORMATION SUFFICIENT TO ALLOW THE COMMISSIONER TO EVALUATE THE
 BIDDER IN ACCORDANCE WITH THE REQUIREMENTS IDENTIFIED IN  PARAGRAPH  (B)
 OF THIS SUBDIVISION.
   (II) IN ADDITION TO THE CRITERIA DESCRIBED IN SUBPARAGRAPH (I) OF THIS
 PARAGRAPH, THE COMMISSIONER SHALL ALSO CONSIDER:
   (A)  THE CORPORATE ORGANIZATION AND STATUS OF THE BIDDER AS A CHARITA-
 BLE CORPORATION UNDER THE NOT-FOR-PROFIT CORPORATION LAW;
   (B) FOR CURRENT OR PREVIOUSLY AUTHORIZED MANAGED CARE PROVIDERS,  PAST
 PERFORMANCE  IN  MEETING  MANAGED  CARE  CONTRACT  OR  FEDERAL  OR STATE
 REQUIREMENTS, AND IF THE COMMISSIONER ISSUED ANY STATEMENTS OF FINDINGS,
 STATEMENTS OF DEFICIENCY, INTERMEDIATE SANCTIONS OR ENFORCEMENT  ACTIONS
 S. 4007                            113                           A. 3007

 TO  A  BIDDER  FOR  NON-COMPLIANCE  WITH  SUCH REQUIREMENTS, WHETHER THE
 BIDDER ADDRESSED SUCH ISSUES IN A TIMELY MANNER; AND
   (C) ANY OTHER CRITERIA DEEMED APPROPRIATE BY THE COMMISSIONER.
   (III) SUBPARAGRAPHS (I) AND (II) OF THIS PARAGRAPH DESCRIBING PROPOSAL
 CONTENT  AND  SELECTION  CRITERIA REQUIREMENTS SHALL NOT BE CONSTRUED AS
 LIMITING OR REQUIRING THE  COMMISSIONER  TO  EVALUATE  SUCH  CONTENT  OR
 CRITERIA  ON  A  PASS-FAIL,  SCALE,  OR  OTHER PARTICULAR METHODOLOGICAL
 BASIS; PROVIDED, HOWEVER, THAT THE COMMISSIONER MUST CONSIDER  ALL  SUCH
 CONTENT  AND  CRITERIA  USING  METHODS DETERMINED BY THE COMMISSIONER IN
 THEIR DISCRETION AND, AS APPLICABLE, IN CONSULTATION  WITH  THE  COMMIS-
 SIONERS  OF  THE  OFFICE  OF  MENTAL  HEALTH, THE OFFICE FOR PEOPLE WITH
 DEVELOPMENTAL  DISABILITIES,  THE  OFFICE  OF  ADDICTION  SERVICES   AND
 SUPPORTS, AND THE OFFICE OF CHILDREN AND FAMILY SERVICES.
   (IV)  NO  SOONER  THAN  OCTOBER  FIRST,  TWO  THOUSAND TWENTY-FOUR THE
 DEPARTMENT SHALL POST ON ITS WEBSITE:
   (A) THE REQUEST FOR  PROPOSALS  AND  A  DESCRIPTION  OF  THE  PROPOSED
 SERVICES  TO  BE  PROVIDED PURSUANT TO CONTRACTS IN ACCORDANCE WITH THIS
 SUBDIVISION;
   (B) THE CRITERIA ON WHICH THE  DEPARTMENT  SHALL  DETERMINE  QUALIFIED
 BIDDERS  AND EVALUATE THEIR APPLICATIONS, INCLUDING ALL CRITERIA IDENTI-
 FIED IN THIS SUBDIVISION;
   (C) THE MANNER BY WHICH A PROPOSAL MAY BE SUBMITTED, WHICH MAY INCLUDE
 SUBMISSION BY ELECTRONIC MEANS;
   (D) THE MANNER BY WHICH A MANAGED LONG TERM CARE PLAN MAY CONTINUE  TO
 PROVIDE HEALTH AND LONG TERM CARE SERVICES TO ENROLLEES WHO ARE ELIGIBLE
 UNDER  TITLE  XIX  OF  THE FEDERAL SOCIAL SECURITY ACT PENDING AWARDS TO
 MANAGED LONG TERM CARE PLANS THROUGH A COMPETITIVE BID PROCESS  PURSUANT
 TO THIS SUBDIVISION; AND
   (E) UPON AWARD, THE MANAGED LONG TERM CARE PLANS THAT THE COMMISSIONER
 INTENDS TO CONTRACT WITH PURSUANT TO THIS SUBDIVISION, PROVIDED THAT THE
 COMMISSIONER  SHALL  UPDATE  SUCH  LIST  TO  INDICATE THE FINAL SLATE OF
 CONTRACTED MANAGED LONG TERM CARE PLANS.
   (V) (A) NO SOONER  THAN  APRIL  FIRST  TWO  THOUSAND  TWENTY-SIX,  THE
 COMMISSIONER  SHALL  MAKE  AWARDS UNDER THIS SUBDIVISION TO AT LEAST TWO
 MANAGED LONG TERM CARE PLANS IN EACH GEOGRAPHIC REGION  DEFINED  BY  THE
 COMMISSIONER IN THE REQUEST FOR PROPOSALS FOR WHICH AT LEAST TWO MANAGED
 LONG  TERM  CARE  PLANS  HAVE  SUBMITTED  A  PROPOSAL,  AND  SHALL  HAVE
 DISCRETION TO OFFER MORE CONTRACTS BASED ON NEED FOR ACCESS.
   (B) NOTWITHSTANDING  SECTIONS  ONE  HUNDRED  TWELVE  AND  ONE  HUNDRED
 SIXTY-THREE OF THE STATE FINANCE LAW, SECTIONS ONE HUNDRED FORTY-TWO AND
 ONE  HUNDRED  FORTY-THREE OF THE ECONOMIC DEVELOPMENT LAW, AND ANY OTHER
 INCONSISTENT PROVISION OF LAW, MANAGED  LONG  TERM  CARE  PLANS  AWARDED
 UNDER  THIS  SUBDIVISION SHALL BE ENTITLED TO ENTER INTO A CONTRACT WITH
 THE DEPARTMENT FOR THE PURPOSE OF PROVIDING HEALTH AND  LONG  TERM  CARE
 SERVICES  TO  ENROLLEES  WHO ARE ELIGIBLE UNDER TITLE XIX OF THE FEDERAL
 SOCIAL SECURITY ACT. SUCH CONTRACTS SHALL RUN FOR A TERM  TO  BE  DETER-
 MINED BY THE COMMISSIONER, WHICH MAY BE RENEWED OR MODIFIED FROM TIME TO
 TIME  WITHOUT  A  NEW  REQUEST FOR PROPOSALS, TO ENSURE CONSISTENCY WITH
 CHANGES IN FEDERAL AND STATE LAWS, REGULATIONS  OR  POLICIES,  INCLUDING
 THE  EXPANSION  OR REDUCTION OF MEDICAL ASSISTANCE SERVICES AVAILABLE TO
 PARTICIPANTS THROUGH A MANAGED LONG TERM CARE PLAN.
   (C) NOTHING IN THIS PARAGRAPH OR OTHER PROVISION OF THIS SECTION SHALL
 BE CONSTRUED TO LIMIT IN ANY WAY THE ABILITY OF THE DEPARTMENT TO TERMI-
 NATE AWARDED CONTRACTS FOR CAUSE, WHICH SHALL INCLUDE BUT NOT BE LIMITED
 TO ANY VIOLATION OF THE TERMS OF SUCH CONTRACTS OR VIOLATIONS  OF  STATE
 S. 4007                            114                           A. 3007
 
 OR  FEDERAL  LAWS  AND  REGULATIONS  AND  ANY LOSS OF NECESSARY STATE OR
 FEDERAL FUNDING.
   (D)  NOTWITHSTANDING  SECTIONS  ONE  HUNDRED  TWELVE  AND  ONE HUNDRED
 SIXTY-THREE OF THE STATE FINANCE LAW, SECTIONS ONE HUNDRED FORTY-TWO AND
 ONE HUNDRED FORTY-THREE OF THE ECONOMIC DEVELOPMENT LAW, AND  ANY  OTHER
 INCONSISTENT  PROVISION  OF  LAW, THE DEPARTMENT MAY, IN ACCORDANCE WITH
 THE PROVISIONS OF THIS PARAGRAPH, ISSUE NEW REQUESTS FOR  PROPOSALS  AND
 AWARD  NEW  CONTRACTS FOR TERMS FOLLOWING AN EXISTING TERM OF A CONTRACT
 ENTERED INTO UNDER THIS PARAGRAPH.
   (VI) (A) WITHIN SIXTY DAYS OF THE DEPARTMENT ISSUING THE  REQUEST  FOR
 PROPOSALS,  A  MANAGED  LONG TERM CARE PLAN THAT WAS APPROVED TO PROVIDE
 HEALTH AND LONG TERM CARE SERVICES TO ENROLLEES WHO ARE  ELIGIBLE  UNDER
 TITLE  XIX  OF  THE FEDERAL SOCIAL SECURITY ACT PRIOR TO THE ISSUANCE OF
 THE REQUEST FOR PROPOSALS SHALL SUBMIT ITS INTENTION  TO  COMPLETE  SUCH
 PROPOSAL TO THE DEPARTMENT.
   (B) A MANAGED LONG TERM CARE PLAN THAT: (1) FAILS TO SUBMIT ITS INTENT
 TIMELY,  (2)  INDICATES WITHIN THE SIXTY DAYS ITS INTENT NOT TO COMPLETE
 SUCH A PROPOSAL, OR (3) FAILS TO SUBMIT A PROPOSAL  WITHIN  THE  FURTHER
 TIMEFRAME  SPECIFIED  BY  THE COMMISSIONER IN THE REQUEST FOR PROPOSALS,
 SHALL, UPON DIRECTION FROM THE COMMISSIONER, TERMINATE ITS SERVICES  AND
 OPERATIONS IN ACCORDANCE WITH THE CONTRACT BETWEEN THE MANAGED LONG TERM
 CARE PLAN AND THE DEPARTMENT AND SHALL BE ADDITIONALLY REQUIRED TO MAIN-
 TAIN  COVERAGE OF ENROLLEES FOR SUCH PERIOD OF TIME AS DETERMINED NECES-
 SARY BY THE COMMISSIONER TO ACHIEVE THE SAFE  AND  ORDERLY  TRANSFER  OF
 ENROLLEES.
   (VII)  IF NECESSARY TO ENSURE ACCESS TO A SUFFICIENT NUMBER OF MANAGED
 LONG TERM CARE PLANS ON A GEOGRAPHIC OR OTHER BASIS, INCLUDING A LACK OF
 ADEQUATE AND APPROPRIATE CARE,  LANGUAGE  AND  CULTURAL  COMPETENCE,  OR
 SPECIAL  NEEDS  SERVICES,  THE  COMMISSIONER  MAY  REISSUE A REQUEST FOR
 PROPOSALS AS PROVIDED FOR  UNDER  PARAGRAPH  (B)  OF  THIS  SUBDIVISION,
 PROVIDED, HOWEVER, THAT SUCH REQUEST MAY BE LIMITED TO THE GEOGRAPHIC OR
 OTHER BASIS OF NEED THAT THE REQUEST FOR PROPOSALS SEEKS TO ADDRESS. ANY
 AWARDS  SHALL  BE SUBJECT TO THE REQUIREMENTS OF THIS SECTION, INCLUDING
 THE MINIMUM AND MAXIMUM NUMBER OF AWARDS IN A REGION.
   (D) IN THE EVENT THE COMMISSIONER, IN THEIR  SOLE  DISCRETION  AT  ANY
 TIME ON OR AFTER OCTOBER FIRST, TWO THOUSAND TWENTY-FOUR, DETERMINES NOT
 TO  SELECT  MANAGED LONG TERM CARE PLANS THROUGH A COMPETITIVE BID PROC-
 ESS, THE COMMISSIONER SHALL REQUIRE A MANAGED LONG TERM CARE  PLAN  THAT
 HAS NOT MET THE PERFORMANCE STANDARDS SET FORTH IN PARAGRAPH (A) OF THIS
 SUBDIVISION  TO  ESTABLISH  AND IMPLEMENT A PERFORMANCE IMPROVEMENT PLAN
 ACCEPTABLE TO THE COMMISSIONER. THE DETERMINATION NOT TO SELECT  MANAGED
 LONG  TERM CARE PLANS THROUGH A COMPETITIVE BID PROCESS AND TO REQUIRE A
 PERFORMANCE IMPROVEMENT PLAN SHALL NOT PRECLUDE  THE  COMMISSIONER  FROM
 MAKING  A  LATER  DETERMINATION  TO  SELECT MANAGED LONG TERM CARE PLANS
 THROUGH A COMPETITIVE BID PROCESS. IN MAKING THE  DETERMINATION  WHETHER
 TO  SELECT  THROUGH  A  COMPETITIVE  BID PROCESS, THE COMMISSIONER SHALL
 CONSIDER THE STANDARDS SET FORTH IN PARAGRAPH (A) OF THIS SUBDIVISION.
   (E) THE COMMISSIONER SHALL HAVE  THE  AUTHORITY  TO  PROMULGATE  REGU-
 LATIONS,  INCLUDING  EMERGENCY REGULATIONS, TO EFFECTUATE THE PROVISIONS
 OF THIS SUBDIVISION.
   (F) THE COMMISSIONER SHALL HAVE THE AUTHORITY TO  ADD  OR  MODIFY  ALL
 CRITERIA IN THIS SUBDIVISION.
   §  6.  Subparagraph  (i)  of paragraph (g) of subdivision 7 of section
 4403-f of the public health law, as amended by section 1 of part GGG  of
 chapter 59 of the laws of 2017, is amended to read as follows:
 S. 4007                            115                           A. 3007
 
   (i)  Managed long term care plans and demonstrations may enroll eligi-
 ble persons in the plan  or  demonstration  upon  the  completion  of  a
 comprehensive  assessment  that shall include, but not be limited to, an
 evaluation of the medical, social, cognitive, and environmental needs of
 each  prospective  enrollee  in such program. This assessment shall also
 serve as the basis for the development and provision of  an  appropriate
 plan  of  care  for  the enrollee, INCLUDING APPROPRIATE COMMUNITY-BASED
 REFERRALS. Upon approval of federal waivers pursuant to paragraph (b) of
 this subdivision which require medical assistance recipients who require
 community-based long term care services to enroll in a  plan,  and  upon
 approval  of  the  commissioner,  a  plan may enroll an applicant who is
 currently receiving home and community-based services and  complete  the
 comprehensive  assessment within thirty days of enrollment provided that
 the plan continues to cover transitional care until  such  time  as  the
 assessment is completed.
   §  6-a.  Subparagraph (i) of paragraph (g) of subdivision 7 of section
 4403-f of the public health law, as added by section 65-c of part  A  of
 chapter 57 of the laws of 2006 and relettered by section 20 of part C of
 chapter 58 of the laws of 2007, is amended to read as follows:
   (i)  Managed long term care plans and demonstrations may enroll eligi-
 ble persons in the plan  or  demonstration  upon  the  completion  of  a
 comprehensive  assessment  that shall include, but not be limited to, an
 evaluation of the  medical,  social  and  environmental  needs  of  each
 prospective  enrollee  in such program. This assessment shall also serve
 as the basis for the development and provision of an appropriate plan of
 care for the prospective enrollee, INCLUDING APPROPRIATE COMMUNITY-BASED
 REFERRALS.
   § 7. Subparagraphs (i) and (ii) of paragraph (a) of subdivision 4-a of
 section 365-f of the social services law, as amended  by  section  3  of
 part  G  of  chapter  57  of  the laws of 2019, the opening paragraph of
 subparagraph (i) as amended by section 2 of part PP of chapter 57 of the
 laws of 2022, are amended to read as follows:
   (i) "Fiscal intermediary" means an entity that provides fiscal  inter-
 mediary  services  and  has  a contract for providing such services with
 [the department of health and is selected through the procurement  proc-
 ess described in paragraphs (b), (b-1), (b-2) and (b-3) of this subdivi-
 sion. Eligible applicants for contracts shall be entities that are capa-
 ble  of appropriately providing fiscal intermediary services, performing
 the responsibilities of a fiscal intermediary, and complying  with  this
 section, including but not limited to entities that]:
   (A)  [are  a  service  center for independent living under section one
 thousand one hundred twenty-one  of  the  education  law;  or]  A  LOCAL
 DEPARTMENT OF SOCIAL SERVICES;
   (B)  [have  been established as fiscal intermediaries prior to January
 first, two thousand twelve and have  been  continuously  providing  such
 services  for  eligible individuals under this section.] AN ORGANIZATION
 LICENSED UNDER ARTICLE FORTY-FOUR OF THE PUBLIC HEALTH LAW; OR
   (C) AN ACCOUNTABLE CARE ORGANIZATION CERTIFIED UNDER  ARTICLE  TWENTY-
 NINE-E  OF  THE  PUBLIC  HEALTH  LAW  OR  AN  INTEGRATED DELIVERY SYSTEM
 COMPOSED PRIMARILY OF HEALTH CARE PROVIDERS RECOGNIZED BY THE DEPARTMENT
 AS A PERFORMING PROVIDER SYSTEM UNDER THE DELIVERY SYSTEM REFORM  INCEN-
 TIVE PAYMENT PROGRAM.
   (ii)   Fiscal   intermediary  services  shall  include  the  following
 services, performed on behalf of the consumer to facilitate his  or  her
 role as the employer:
 S. 4007                            116                           A. 3007
 
   (A) wage and benefit processing for consumer directed personal assist-
 ants;
   (B) processing all income tax and other required wage withholdings;
   (C)  complying with workers' compensation, disability and unemployment
 requirements;
   (D) maintaining personnel records for each consumer directed  personal
 assistant,  including  time  records  and other documentation needed for
 wages and benefit processing and a copy  of  the  medical  documentation
 required pursuant to regulations established by the commissioner;
   (E) ensuring that the health status of each consumer directed personal
 assistant  is assessed prior to service delivery pursuant to regulations
 issued by the commissioner;
   (F) maintaining records of service authorizations or reauthorizations;
   (G) monitoring the consumer's or, if applicable, the designated repre-
 sentative's continuing ability to fulfill  the  consumer's  responsibil-
 ities under the program and promptly notifying the authorizing entity of
 any  circumstance  that may affect the consumer's or, if applicable, the
 designated representative's ability to fulfill such responsibilities;
   (H) complying with regulations established by the commissioner  speci-
 fying  the  responsibilities of fiscal intermediaries providing services
 under this title; AND
   (I) entering into a department approved  memorandum  of  understanding
 with  the  consumer  that  describes the parties' responsibilities under
 this program[; and
   (J) other related responsibilities which may include, as determined by
 the commissioner, assisting consumers to perform the consumers'  respon-
 sibilities  under  this  section  and department regulations in a manner
 that does not infringe upon the consumer's responsibilities and self-di-
 rection].
   § 8. Paragraph (b) of subdivision 4-a of section 365-f of  the  social
 services  law,  as  amended  by section 4 of part G of chapter 57 of the
 laws of 2019, subparagraph (vi) as amended by section 1 of  part  LL  of
 chapter 57 of the laws of 2021, is amended to read as follows:
   (b) [Notwithstanding any inconsistent provision of section one hundred
 sixty-three  of  the state finance law, or section one hundred forty-two
 of the economic  development  law  the  commissioner  shall  enter  into
 contracts  under  this subdivision with eligible contractors that submit
 an offer for a contract, provided, however, that:
   (i) the department shall post on its website:
   (A) a description of the proposed services to be provided pursuant  to
 contracts in accordance with this subdivision;
   (B)  that  the  selection  of  contractors  shall be based on criteria
 reasonably related to the contractors' ability to provide fiscal  inter-
 mediary  services including but not limited to: ability to appropriately
 serve individuals participating in the program, geographic  distribution
 that  would  ensure  access in rural and underserved areas, demonstrated
 cultural and language competencies specific to the population of consum-
 ers and those of the available  workforce,  ability  to  provide  timely
 consumer  assistance,  experience serving individuals with disabilities,
 the availability of consumer peer support, and  demonstrated  compliance
 with  all  applicable  federal and state laws and regulations, including
 but not limited to those relating to wages and labor;
   (C)  the  manner  by  which  prospective  contractors  may  seek  such
 selection, which may include submission by electronic means;
 S. 4007                            117                           A. 3007

   (ii)  all  reasonable  and  responsive  offers  that are received from
 prospective contractors in timely  fashion  shall  be  reviewed  by  the
 commissioner;
   (iii)  the  commissioner shall award such contracts to the contractors
 that best meet the criteria for selection and are best suited  to  serve
 the purposes of this section and the needs of consumers;
   (iv)  all entities providing fiscal intermediary services on or before
 April first, two thousand nineteen, shall submit an offer for a contract
 under this section within sixty days after  the  commissioner  publishes
 the  initial  offer  on the department's website. Such entities shall be
 deemed authorized to provide such services unless: (A) the entity  fails
 to  submit  an  offer for a contract under this section within the sixty
 days; or (B) the entity's offer for a contract  under  this  section  is
 denied;
   (v) all decisions made and approaches taken pursuant to this paragraph
 shall  be  documented  in a procurement record as defined in section one
 hundred sixty-three of the state finance law; and
   (vi) the commissioner is authorized to  either  reoffer  contracts  or
 utilize  the  previous  offer,  to  ensure  that  all provisions of this
 section are met.] AS OF JANUARY FIRST, TWO THOUSAND TWENTY-FOUR NO ENTI-
 TY SHALL PROVIDE, DIRECTLY  OR  THROUGH  CONTRACT,  FISCAL  INTERMEDIARY
 SERVICES WITHOUT AN AUTHORIZATION AS A FISCAL INTERMEDIARY ISSUED BY THE
 COMMISSIONER  IN  ACCORDANCE WITH THIS SUBDIVISION. THE COMMISSIONER MAY
 ISSUE  REGULATIONS,  INCLUDING  EMERGENCY  REGULATIONS,  CLARIFYING  THE
 AUTHORIZATION PROCESS, STANDARDS AND TIME FRAMES.
   §  9.  Paragraphs (b-1), (b-2) and (b-3) of subdivision 4-a of section
 365-f of the social services law are REPEALED.
   § 10. Subdivision 4-b of section 365-f of the social services law,  as
 amended  by  section  8  of part G of chapter 57 of the laws of 2019, is
 amended to read as follows:
   4-b. Actions involving the authorization of a fiscal intermediary.
   (a) [The department may terminate  a  fiscal  intermediary's  contract
 under  this section or suspend or limit the fiscal intermediary's rights
 and privileges under the contract upon thirty day's  written  notice  to
 the  fiscal  intermediary,  if  the  commissioner  finds that the fiscal
 intermediary has failed to comply with the provisions of this section or
 regulations promulgated hereunder. The written notice shall include:
   (i) A description of the conduct and the issues related  thereto  that
 have been identified as failure of compliance; and
   (ii)  the  time  frame  of the conduct that fails compliance] A FISCAL
 INTERMEDIARY'S AUTHORIZATION  MAY  BE  REVOKED,  SUSPENDED,  LIMITED  OR
 ANNULLED  UPON THIRTY DAYS WRITTEN NOTICE TO THE FISCAL INTERMEDIARY, IF
 THE COMMISSIONER FINDS THAT THE FISCAL INTERMEDIARY HAS FAILED TO COMPLY
 WITH THE PROVISIONS OF THIS SUBDIVISION OR REGULATIONS PROMULGATED HERE-
 UNDER.
   (b) Notwithstanding the foregoing, upon determining  that  the  public
 health  or safety would be imminently endangered by the continued opera-
 tion or actions of the fiscal intermediary, the commissioner may [termi-
 nate]  REVOKE,  SUSPEND,  LIMIT  OR  ANNUL  the  fiscal   intermediary's
 [contract or suspend or limit the fiscal intermediary's rights and priv-
 ileges  under  the  contract]  AUTHORIZATION  immediately  [upon written
 notice].
   (c) All orders or  determinations  under  this  subdivision  shall  be
 subject  to  review  as  provided  in article seventy-eight of the civil
 practice law and rules.
 S. 4007                            118                           A. 3007
 
   § 11. Paragraph (c) of subdivision 4-d of section 365-f of the  social
 services  law, as added by section 7 of part G of chapter 57 of the laws
 of 2019, is amended to read as follows:
   (c)  Where  a  fiscal  intermediary is suspending or ceasing operation
 pursuant to an order under subdivision four-b of this section,  [or  has
 failed  to submit an offer for a contract, or has been denied a contract
 under this section,] all the provisions of this subdivision shall  apply
 except  subparagraph (i) of paragraph (a) of this subdivision, notice of
 which to all parties shall be provided by the department as appropriate.
   § 12. Paragraph (d) of subdivision 4-d of section 365-f of the  social
 services law, as added by section 3 of part LL of chapter 57 of the laws
 of 2021 is REPEALED.
   §  13.    Part  I  of  chapter 57 of the laws of 2022, providing a one
 percent across the board payment increase to all qualifying fee-for-ser-
 vice Medicaid rates, is amended by adding two new sections 1-a  and  1-b
 to read as follows:
   §  1-A.  NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, FOR THE
 STATE FISCAL YEARS BEGINNING APRIL 1,  2023,  AND  THEREAFTER,  MEDICAID
 PAYMENTS  MADE  FOR  THE  OPERATING COMPONENT OF RESIDENTIAL HEALTH CARE
 FACILITIES SERVICES SHALL BE SUBJECT TO A UNIFORM RATE INCREASE OF  FIVE
 PERCENT IN ADDITION TO  THE  INCREASE  CONTAINED  IN  SUBDIVISION  1  OF
 SECTION  1  OF THIS PART, SUBJECT TO THE APPROVAL OF THE COMMISSIONER OF
 THE DEPARTMENT OF HEALTH AND THE  DIRECTOR  OF  THE  BUDGET.  SUCH  RATE
 INCREASE SHALL BE SUBJECT TO FEDERAL FINANCIAL PARTICIPATION.
   §  1-B.  NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, FOR THE
 STATE FISCAL YEARS BEGINNING APRIL 1,  2023,  AND  THEREAFTER,  MEDICAID
 PAYMENTS MADE FOR THE OPERATING COMPONENT OF ASSISTED LIVING PROGRAMS AS
 DEFINED  BY  PARAGRAPH  (A)  OF  SUBDIVISION ONE OF SECTION 461-L OF THE
 SOCIAL SERVICES LAW SHALL BE SUBJECT TO A UNIFORM RATE INCREASE OF  FIVE
 PERCENT  IN  ADDITION  TO  THE INCREASE CONTAINED IN SECTION ONE OF THIS
 PART, SUBJECT TO THE APPROVAL OF THE COMMISSIONER OF THE  DEPARTMENT  OF
 HEALTH  AND  THE  DIRECTOR  OF  THE  BUDGET. SUCH RATE INCREASE SHALL BE
 SUBJECT TO FEDERAL FINANCIAL PARTICIPATION.
   § 14. Paragraphs (d) and (i) of subdivision 1 and subdivisions  2,  4,
 5,  5-a, 6, 6-a, 7, 7-a, 9 and 10 of section 3614-c of the public health
 law, paragraphs (d) and (i) of subdivision 1 and subdivisions 2,  4,  5,
 6,  7,  9  and  10  as  amended and subdivisions 6-a and 7-a as added by
 section 1 and subdivision 5-a as added by section  1-a  of  part  OO  of
 chapter 56 of the laws of 2020, are amended to read as follows:
   (d)  "Home  care  aide"  means a home health aide, personal care aide,
 home  attendant,  [personal  assistant  performing   consumer   directed
 personal  assistance  services  pursuant to section three hundred sixty-
 five-f of the social services law,]  or  other  licensed  or  unlicensed
 person  whose  primary  responsibility includes the provision of in-home
 assistance with activities of daily living, instrumental  activities  of
 daily  living or health-related tasks; provided, however, that home care
 aide does not include any individual (i) working on a casual  basis,  or
 (ii) [(except for a person employed under the consumer directed personal
 assistance  program  under  section  three  hundred  sixty-five-f of the
 social services law)] who is  a  relative  through  blood,  marriage  or
 adoption  of: (1) the employer; or (2) the person for whom the worker is
 delivering services, under a program funded or administered by  federal,
 state or local government.
   [(i) "Fiscal intermediary" means a fiscal intermediary in the consumer
 directed  personal assistance program under section three hundred sixty-
 five-f of the social services law.]
 S. 4007                            119                           A. 3007

   2. Notwithstanding any inconsistent provision of law,  rule  or  regu-
 lation,  no  payments  by government agencies shall be made to certified
 home health agencies, long term home health care programs, managed  care
 plans,  [fiscal  intermediaries,] the nursing home transition and diver-
 sion  waiver program under section three hundred sixty-six of the social
 services law, or the traumatic brain injury waiver program under section
 twenty-seven hundred forty of this  chapter  for  any  episode  of  care
 furnished, in whole or in part, by any home care aide who is compensated
 at amounts less than the applicable minimum rate of home care aide total
 compensation established pursuant to this section.
   4.  The terms of this section shall apply equally to services provided
 by home care aides who work on episodes of care as direct  employees  of
 certified  home health agencies, long term home health care programs, or
 managed care plans, or as employees of licensed home care services agen-
 cies, limited licensed home care services agencies, [or fiscal  interme-
 diaries,] or under any other arrangement.
   5.  No payments by government agencies shall be made to certified home
 health agencies, licensed home care services agencies,  long  term  home
 health  care  programs,  managed care plans, [fiscal intermediaries] for
 any episode of care without the certified home health  agency,  licensed
 home  care  services  agency,  long  term  home  health care program, OR
 managed care plan [or the fiscal intermediary], having  delivered  prior
 written certification to the commissioner annually, at a time prescribed
 by the commissioner, on forms prepared by the department in consultation
 with  the  department  of  labor,  that all services provided under each
 episode of care during the period covered by the  certification  are  in
 full  compliance  with  the  terms  of  this section and any regulations
 promulgated pursuant to this section and that no portion of the  dollars
 spent  or  to be spent to satisfy the wage or benefit portion under this
 section shall be returned to the certified home health agency,  licensed
 home  care  services  agency,  long  term  home  health care program, OR
 managed care plan, [or fiscal intermediary,] related  persons  or  enti-
 ties,  other than to a home care aide as defined in this section to whom
 the wage or benefits are due, as a refund, dividend, profit, or  in  any
 other  manner.    Such  written certification shall also verify that the
 certified home health agency, long term home  health  care  program,  or
 managed  care  plan  has  received  from the licensed home care services
 agency, [fiscal intermediary,] or other third party an annual  statement
 of  wage  parity hours and expenses on a form provided by the department
 of labor accompanied by  an  independently-audited  financial  statement
 verifying such expenses.
   5-a.  No  portion  of  the dollars spent or to be spent to satisfy the
 wage or benefit portion under this section  shall  be  returned  to  the
 certified  home  health agency, licensed home care services agency, long
 term home health care program, OR managed care plan, [or fiscal interme-
 diary,] related persons or entities, other than to a home care  aide  as
 defined  in  this  section  to  whom  the wage or benefits are due, as a
 refund, dividend, profit, or in any other manner.
   6. If a certified home health  agency,  long  term  home  health  care
 program  or  managed care plan elects to provide home care aide services
 through contracts with licensed home  care  services  agencies,  [fiscal
 intermediaries,]  or  through  other  third  parties,  provided that the
 episode of care on which the home care aide works is covered  under  the
 terms  of this section, the certified home health agency, long term home
 health  care  program,  or  managed  care  plan  shall  include  in  its
 contracts,  a  requirement  that  it  be provided with a written certif-
 S. 4007                            120                           A. 3007
 
 ication, verified by oath, from the licensed home care services  agency,
 [fiscal  intermediary,]  or  other third party, on forms prepared by the
 department in consultation with the department of labor,  which  attests
 to the licensed home care services agency's, [fiscal intermediary's,] or
 other  third  party's  compliance  with  the terms of this section. Such
 contracts shall also obligate the licensed home  care  services  agency,
 [fiscal  intermediary,]  or  other  third party to provide the certified
 home health agency, long term home health care program, or managed  care
 plan  all  information  from  the  licensed  home  care services agency,
 [fiscal intermediary] or other third party necessary to  verify  compli-
 ance  with  the  terms  of  this  section, which shall include an annual
 compliance statement of  wage  parity  hours  and  expenses  on  a  form
 provided  by the department of labor accompanied by an independently-au-
 dited financial statement verifying such expenses.  Such  annual  state-
 ments shall be available no less than annually for the previous calendar
 year, at a time as prescribed by the commissioner.  Such certifications,
 the  information  necessary to verify compliance, and the annual compli-
 ance statement and financial statements shall be retained by all  certi-
 fied  home  health  agencies,  long  term  home health care programs, or
 managed care plans,  and  all  licensed  home  care  services  agencies,
 [fiscal  intermediaries,] or other third parties for a period of no less
 than ten years, and made available to the department upon  request.  Any
 licensed  home  care  services  agency,  [fiscal intermediary,] or other
 third party who shall upon oath verify  any  statement  required  to  be
 transmitted  under this section and any regulations promulgated pursuant
 to this section which is known by such party to be false shall be guilty
 of perjury and punishable as provided by the penal law.
   6-a. The certified home health agency,  long  term  home  health  care
 program, or managed care plan shall review and assess the annual compli-
 ance  statement  of  wage  parity  hours and expenses and make a written
 referral to the department of labor for any reasonably  suspected  fail-
 ures  of  licensed home care services agencies, [fiscal intermediaries,]
 or third parties to conform to the  wage  parity  requirements  of  this
 section.
   7.  The  commissioner  shall  distribute  to all certified home health
 agencies, long term home health care programs, managed care  plans,  AND
 licensed  home care services agencies[, and fiscal intermediaries] offi-
 cial notice of the minimum rates of home care aide compensation at least
 one hundred twenty days prior to the effective date of each minimum rate
 for each social services district covered by the terms of this section.
   7-a. Any certified home health agency,  licensed  home  care  services
 agency,  long  term  home  health  care  program, managed care plan, [or
 fiscal intermediary,] or other third party that willfully pays less than
 such stipulated minimums regarding wages and supplements, as established
 in this section, shall be guilty of a misdemeanor  and  upon  conviction
 shall be punished, for a first offense by a fine of five hundred dollars
 or  by  imprisonment  for not more than thirty days, or by both fine and
 imprisonment; for a second offense by a fine of  one  thousand  dollars,
 and in addition thereto the contract on which the violation has occurred
 shall  be forfeited; and no such person or corporation shall be entitled
 to receive any sum nor shall any officer, agent or employee of the state
 pay the same or authorize its payment from the funds under  his  or  her
 charge  or  control  to any person or corporation for work done upon any
 contract, on which the certified home health agency, licensed home  care
 services  agency, long term home health care program, managed care plan,
 S. 4007                            121                           A. 3007
 
 [or fiscal intermediary,] or other third party has been convicted  of  a
 second offense in violation of the provisions of this section.
   9.  Nothing  in  this section should be construed as applicable to any
 service provided by certified home health agencies, licensed  home  care
 services  agencies, long term home health care programs, or managed care
 plans[, or fiscal intermediaries] except for all episodes of care  reim-
 bursed in whole or in part by the New York Medicaid program.
   10.  No  certified home health agency, managed care plan, or long term
 home health care program shall be liable for recoupment of  payments  or
 any  other  penalty  under  this section for services provided through a
 licensed home care services  agency,  [fiscal  intermediary,]  or  other
 third  party with which the certified home health agency, long term home
 health care program, or managed care plan has  a  contract  because  the
 licensed  agency,  [fiscal intermediary,] or other third party failed to
 comply with the provisions of this section if the certified home  health
 agency,  long  term  home  health care program, or managed care plan has
 reasonably and in good faith collected certifications and  all  informa-
 tion  required  pursuant to this section and conducts the monitoring and
 reporting required by this section.
   § 15. Subdivision 1 of section 3614-f of the  public  health  law,  as
 added  by  section  1  of  part XX of chapter 56 of the laws of 2022, is
 amended to read as follows:
   1. For the purpose of this section, "home care aide" shall  [have  the
 same meaning as defined in section thirty-six hundred fourteen-c of this
 article]  MEAN  A  HOME HEALTH AIDE, PERSONAL CARE AIDE, HOME ATTENDANT,
 PERSONAL ASSISTANT  PERFORMING  CONSUMER  DIRECTED  PERSONAL  ASSISTANCE
 SERVICES  PURSUANT  TO  SECTION THREE HUNDRED SIXTY-FIVE-F OF THE SOCIAL
 SERVICES LAW, OR OTHER  LICENSED  OR  UNLICENSED  PERSON  WHOSE  PRIMARY
 RESPONSIBILITY INCLUDES THE PROVISIONS OF IN-HOME ASSISTANCE WITH ACTIV-
 ITIES  OF  DAILY  LIVING,  INSTRUMENTAL  ACTIVITIES  OF  DAILY LIVING OR
 HEALTH-RELATED TASKS; PROVIDED, HOWEVER, THAT HOME CARE  AIDE  DOES  NOT
 INCLUDE  ANY  INDIVIDUAL  (I) WORKING ON A CASUAL BASIS, OR (II) (EXPECT
 FOR A PERSON EMPLOYED UNDER THE CONSUMER  DIRECTED  PERSONAL  ASSISTANCE
 PROGRAM  UNDER SECTION THREE HUNDRED SIXTY-FIVE-F OF THE SOCIAL SERVICES
 LAW) WHO IS A RELATIVE THROUGH BLOOD, MARRIAGE OR ADOPTION OF:  (1)  THE
 EMPLOYER;  OR  (2)  THE  PERSON  WHOM THE WORKER IS DELIVERING SERVICES,
 UNDER A PROGRAM FUNDED  OR  ADMINISTERED  BY  FEDERAL,  STATE  OR  LOCAL
 GOVERNMENT.
   §  16. The public health law is amended by adding a new section 3614-g
 to read as follows:
   § 3614-G. STATE SUPPLEMENTAL PREMIUM ASSISTANCE FOR CONSUMER  DIRECTED
 PERSONAL ASSISTANTS.
   1.  STATE  SUPPLEMENTAL ASSISTANCE FOR THE PAYMENT OF QUALIFIED HEALTH
 PLAN PREMIUMS SHALL BE AVAILABLE  TO  A  PERSONAL  ASSISTANT  PERFORMING
 CONSUMER DIRECTED PERSONAL ASSISTANCE SERVICES PURSUANT TO SECTION THREE
 HUNDRED  SIXTY-FIVE-F  OF  THE  SOCIAL  SERVICES LAW, PROVIDED THAT SUCH
 PERSONAL ASSISTANT:
   (A) ATTESTS ON THE NY STATE OF  HEALTH  MARKETPLACE  APPLICATION  THAT
 THEY  ARE  PROVIDING  SUCH  SERVICES  ON  A FULL-TIME BASIS OR PART-TIME
 BASIS, AS DEFINED IN APPLICABLE REGULATION,
   (B) IS ELIGIBLE FOR FEDERAL PREMIUM TAX CREDITS  PURSUANT  TO  SECTION
 36B(B)(3)(A) OF THE INTERNAL REVENUE CODE,
   (C)  IS   NOT   OTHERWISE   ELIGIBLE  FOR COMPREHENSIVE COVERAGE UNDER
 TITLE 11 OR 11-D  OF ARTICLE FIVE OF THE SOCIAL SERVICES LAW; AND
 S. 4007                            122                           A. 3007
 
   (D) IS ENROLLED IN A  QUALIFIED  HEALTH  PLAN  DEFINED  IN  42  U.S.C.
 18021(A),  CERTIFIED  BY  THE NY STATE OF HEALTH MARKETPLACE, WHICH DOES
 NOT INCLUDE A CATASTROPHIC PLAN DESCRIBED IN 42 U.S.C. 18022(E).
   2. THE AMOUNT OF THE SUPPLEMENTAL PREMIUM ASSISTANCE SHALL BE EQUAL TO
 AT LEAST THE CONTRIBUTION FOR THE BENCHMARK SILVER QUALIFIED HEALTH PLAN
 AVAILABLE  IN  SUCH  PERSONAL ASSISTANT'S COUNTY OF RESIDENCE, AND SHALL
 ACCOUNT FOR THE FULL-TIME OR PART-TIME STATUS OF THE PERSONAL ASSISTANT.
 PERSONAL ASSISTANTS WORKING PART-TIME SHALL BE ELIGIBLE FOR A MINIMUM OF
 ONE-HALF OF THE STATE SUPPLEMENTAL PREMIUM CREDIT AVAILABLE FOR PERSONAL
 ASSISTANTS WORKING FULL-TIME. SUCH CREDIT SHALL BE PAID DIRECTLY TO  THE
 QUALIFIED  HEALTH  PLAN  ISSUER. ANY SUBSIDIES PROVIDED PURSUANT TO THIS
 SECTION SHALL BE IN ACCORDANCE WITH A SCHEDULE OR METHODOLOGY  PUBLISHED
 BY  THE  COMMISSIONER, WHICH MAY BE BASED ON A SLIDING SCALE IN RELATION
 TO THE HOUSEHOLD INCOME OF THE PERSONAL ASSISTANT, OR SUCH OTHER METHOD-
 OLOGY AS THE COMMISSIONER DEEMS APPROPRIATE.
   3. APPLICANTS FOR COVERAGE THROUGH THE NY STATE  MARKETPLACE  WHO  ARE
 NEWLY  ELIGIBLE  FOR  SUPPLEMENTAL  PREMIUM  ASSISTANCE PURSUANT TO THIS
 SECTION SHALL BE ELIGIBLE FOR A SPECIAL ENROLLMENT PERIOD THROUGH THE NY
 STATE OF HEALTH MARKETPLACE.
   4. THE COMMISSIONER SHALL SUBMIT SUCH APPLICATIONS TO THE SECRETARY OF
 THE DEPARTMENT OF HEALTH AND HUMAN SERVICES OR TREASURY AS MAY BE NECES-
 SARY TO RECEIVE FEDERAL FINANCIAL PARTICIPATION IN THE COSTS OF PAYMENTS
 MADE PURSUANT TO THIS SECTION; PROVIDED FURTHER, HOWEVER,  THAT  NOTHING
 IN  THIS  SECTION  SHALL  BE  DEEMED  TO AFFECT THE PAYMENT OF THE STATE
 SUPPLEMENTAL PREMIUM ASSISTANCE PURSUANT TO  APPLICABLE  LAW  AND  REGU-
 LATION  IF FEDERAL FINANCIAL PARTICIPATION IN THE COSTS OF SUCH PAYMENTS
 IS NOT AVAILABLE.
   5. FISCAL INTERMEDIARIES AND PERSONAL ASSISTANTS UNDER  SECTION  THREE
 HUNDRED  SIXTY-FIVE-F  OF  THE  SOCIAL SERVICES LAW SHALL BE REQUIRED TO
 PROVIDE SUCH INFORMATION AS IS  NECESSARY  FOR  THE  IMPLEMENTATION  AND
 OPERATION  OF  THIS  SECTION. THE DEPARTMENT SHALL SPECIFY THE FREQUENCY
 AND FORMAT OF SUCH REPORTING AND DETERMINE THE TYPE AND AMOUNT OF INFOR-
 MATION TO BE SUBMITTED, INCLUDING ANY SUPPORTING DOCUMENTATION.
   6. THE COMMISSIONER SHALL PROMULGATE ANY  RULES  AND  REGULATIONS  AND
 TAKE SUCH STEPS AS MAY BE NECESSARY FOR THE IMPLEMENTATION AND OPERATION
 OF THIS SECTION.
   §  17.  The  state  finance  law  is  amended  by adding a new section
 97-bbbbb to read as follows:
   § 97-BBBBB. CDPAP SUPPLEMENTAL PREMIUM  ASSISTANCE  FUND.    1.  CDPAP
 SUPPLEMENTAL PREMIUM ASSISTANCE FUND. THERE IS HEREBY ESTABLISHED IN THE
 JOINT  CUSTODY OF THE STATE COMPTROLLER AND THE COMMISSIONER OF TAXATION
 AND FINANCE A SPECIAL FUND TO BE KNOWN AS THE "CDPAP SUPPLEMENTAL PREMI-
 UM ASSISTANCE FUND".
   2. SUCH FUND SHALL BE KEPT SEPARATE AND SHALL NOT BE  COMMINGLED  WITH
 ANY  OTHER FUNDS IN THE CUSTODY OF THE STATE COMPTROLLER AND THE COMMIS-
 SIONER OF TAXATION AND FINANCE.
   3. SUCH FUND SHALL CONSIST OF MONEYS APPROPRIATED  FOR  STATE  SUPPLE-
 MENTAL  PREMIUM  ASSISTANCE  FOR  THE  PAYMENT  OF QUALIFIED HEALTH PLAN
 PREMIUM OF ELIGIBLE  ENROLLEES  PERFORMING  CONSUMER  DIRECTED  PERSONAL
 ASSISTANCE SERVICES, IN ACCORDANCE WITH SECTION THIRTY-SIX HUNDRED FOUR-
 TEEN-G OF THE SOCIAL SERVICES LAW, OR TRANSFERRED TO SUCH ACCOUNT PURSU-
 ANT TO APPLICABLE LAW.
   4.  THE  MONEYS,  WHEN ALLOCATED IN ACCORDANCE WITH SECTION THIRTY-SIX
 HUNDRED FOURTEEN-G OF THE SOCIAL SERVICES LAW, SHALL BE PAID OUT OF  THE
 FUND TO QUALIFIED HEALTH PLANS ON BEHALF OF ELIGIBLE ENROLLEES.
 S. 4007                            123                           A. 3007
 
   §  18. This  act  shall take effect immediately and shall be deemed to
 have been in full force and effect on and after April 1, 2023; provided,
 however, that:
   (a)  the amendments to section 4403-f of the public health law made by
 sections two through six-a of this act shall not affect  the  repeal  of
 such section and shall be deemed repealed therewith;
   (b) the amendments to subparagraph (i) of paragraph (g) of subdivision
 7 of section 4403-f of the public health law made by section six of this
 act  shall  be  subject to the expiration and reversion of such subpara-
 graph pursuant to subdivision (i) of section 111 of part H of chapter 59
 of the laws of 2011, as amended, when upon such date the  provisions  of
 section six-a of this act shall take effect;
   (c)  sections  fourteen, sixteen, and seventeen of this act shall take
 effect on and after the first of January next  succeeding  the  date  of
 enactment  of a state supplemental premium assistance program in accord-
 ance with sections sixteen and seventeen  of  this  act,  takes  effect;
 provided,  however,  such  sections  fourteen, sixteen, and seventeen of
 this act shall  take  effect  no  earlier  than  January  1,  2025;  and
 provided,  further, the commissioner of health shall notify the legisla-
 tive bill drafting commission upon the occurrence of  the  establishment
 of  such state supplemental premium assistance program in order that the
 commission may maintain an accurate and timely effective  data  base  of
 the official text of the laws of the state of New York in furtherance of
 effecting  the  provisions  of  section  44  of  the legislative law and
 section 70-b of the public officers law; and
   (d) effective immediately, the commissioner of health shall promulgate
 any rules and regulations and take such steps, including  requiring  the
 submission  of  reports  or  surveys  by fiscal intermediaries under the
 consumer directed personal assistance program, as may be  necessary  for
 the timely implementation of this act on or before such effective date.
 
                                  PART J
 
   Section  1.  Subsection (a) of section 3224-a of the insurance law, as
 amended by chapter 237 of the laws  of  2009,  is  amended  to  read  as
 follows:
   (a)  Except  in a case where the obligation of an insurer or an organ-
 ization or corporation licensed or certified pursuant to article  forty-
 three or forty-seven of this chapter or article forty-four of the public
 health  law to pay a claim submitted by a policyholder or person covered
 under such policy ("covered person") or make a payment to a health  care
 provider  is  not  reasonably clear, or when there is a reasonable basis
 supported by specific information available for  review  by  the  super-
 intendent  that such claim or bill for health care services rendered was
 submitted fraudulently, such  insurer  or  organization  or  corporation
 shall  pay  the  claim  to  a  policyholder  or covered person or make a
 payment to a health care provider within thirty days  of  receipt  of  a
 claim  or  bill  for  THE  services rendered that is transmitted via the
 internet or electronic mail[,] or forty-five days of receipt of a  claim
 or  bill for services rendered that is submitted by other means, such as
 paper or facsimile.
   (1) WHERE THE OBLIGATION OF AN INSURER OR AN  ORGANIZATION  OR  CORPO-
 RATION  LICENSED  OR CERTIFIED PURSUANT TO ARTICLE FORTY-THREE OR FORTY-
 SEVEN OF THIS CHAPTER OR ARTICLE FORTY-FOUR OF THE PUBLIC HEALTH LAW  TO
 PAY  SUCH  A  CLAIM  IS  CLEAR,  EXCEPT FOR THE DESIRE OF THE INSURER OR
 ORGANIZATION OR CORPORATION TO REVIEW CLINICAL DOCUMENTATION OR, TO  THE
 S. 4007                            124                           A. 3007
 
 EXTENT  AGREED  UPON  BY  A  HOSPITAL AND THE INSURER OR ORGANIZATION OR
 CORPORATION, ELECTRONIC MEDICAL RECORDS, TO CONFIRM THE MEDICAL NECESSI-
 TY OF EMERGENCY SERVICES OR INPATIENT SERVICES  FOLLOWING  AN  EMERGENCY
 DEPARTMENT    VISIT  PROVIDED  BY  A  HOSPITAL  THAT PARTICIPATES IN THE
 NETWORK OF THE INSURER OR ORGANIZATION OR  CORPORATION,  WHICH  INCLUDES
 WHETHER  THE  SERVICES PROVIDED WERE EMERGENCY SERVICES OR THAT THE SITE
 OF SERVICE OR LEVEL OF CARE BILLED  WAS  APPROPRIATE  FOR  THE  SERVICES
 PROVIDED, THE INSURER OR ORGANIZATION OR CORPORATION SHALL PAY THE CLAIM
 AT  THE CONTRACTED RATE FOR THE SERVICES AND SITE BILLED BY THE HOSPITAL
 WITHIN THE TIMEFRAMES SET FORTH IN THIS  SUBSECTION.    THE  INSURER  OR
 ORGANIZATION OR CORPORATION MAY, WITHIN THIRTY DAYS OF PAYING THE CLAIM,
 REQUEST  THAT  THE  HOSPITAL  SUBMIT  TO  THE INSURER OR ORGANIZATION OR
 CORPORATION ONLY THE CLINICAL DOCUMENTATION OR,  TO  THE  EXTENT  AGREED
 UPON  BY  THE  HOSPITAL  AND THE INSURER OR ORGANIZATION OR CORPORATION,
 ELECTRONIC MEDICAL RECORDS, NECESSARY TO CONFIRM THE  MEDICAL  NECESSITY
 OF  THE  EMERGENCY SERVICES OR INPATIENT SERVICES FOLLOWING AN EMERGENCY
 DEPARTMENT VISIT PROVIDED BY THE HOSPITAL, WHICH  INCLUDES  WHETHER  THE
 SERVICES  PROVIDED  BY  THE HOSPITAL WERE EMERGENCY SERVICES OR THAT THE
 SITE OF SERVICE OR LEVEL OF CARE BILLED WAS APPROPRIATE FOR THE SERVICES
 PROVIDED. THE HOSPITAL SHALL PROVIDE THE CLINICAL DOCUMENTATION  TO  THE
 INSURER  OR  ORGANIZATION  OR  CORPORATION WITHIN FORTY-FIVE DAYS OF ITS
 REQUEST.
   (2) UNLESS OTHERWISE AGREED UPON BY THE HOSPITAL AND  THE  INSURER  OR
 ORGANIZATION  OR  CORPORATION, AN INSURER OR ORGANIZATION OR CORPORATION
 MAY SUBMIT A CLAIM, WITHIN  NINETY  DAYS  OF  RECEIPT  OF  THE  CLINICAL
 DOCUMENTATION FROM THE HOSPITAL, TO A JOINT COMMITTEE COMPOSED OF CLINI-
 CIANS  FROM  THE INSURER OR ORGANIZATION OR CORPORATION AND THE HOSPITAL
 FOR A POST-PAYMENT AUDIT. IF THE  HOSPITAL  FAILS  TO  PROVIDE  CLINICAL
 DOCUMENTATION  TO  THE  INSURER  OR  ORGANIZATION  OR CORPORATION WITHIN
 FORTY-FIVE DAYS OF THE REQUEST, THE INSURER OR  ORGANIZATION  OR  CORPO-
 RATION  MAY  SUBMIT  THE  CLAIM TO THE JOINT COMMITTEE FOR REVIEW WITHIN
 NINETY DAYS AFTER THE END  OF  THE  FORTY-FIVE  DAY  PERIOD.  THE  JOINT
 COMMITTEE  SHALL MEET AT LEAST QUARTERLY TO REVIEW SUCH CLAIMS.  NOTHING
 HEREIN SHALL REQUIRE THE JOINT COMMITTEE TO BE REGISTERED AS A  UTILIZA-
 TION  REVIEW  AGENT UNDER ARTICLE FORTY-NINE OF THE PUBLIC HEALTH LAW OR
 FILE A UTILIZATION REVIEW REPORT UNDER ARTICLE FORTY-NINE OF THIS  CHAP-
 TER.
   (3) WITHIN NINETY DAYS OF THE JOINT COMMITTEE'S RECEIPT OF THE REQUEST
 TO  REVIEW THE CLAIM FROM AN INSURER OR ORGANIZATION OR CORPORATION, THE
 JOINT COMMITTEE SHALL REQUEST THE CLINICAL DOCUMENTATION FROM THE HOSPI-
 TAL, REVIEW THE CLAIM AND INFORMATION SUBMITTED BY THE PARTIES, AND MAKE
 A JOINT DETERMINATION AS  TO  THE  MEDICAL  NECESSITY  OF  THE  SERVICES
 PROVIDED, WHICH INCLUDES WHETHER THE SERVICES WERE EMERGENCY SERVICES OR
 THAT THE SITE OF SERVICE OR LEVEL OF CARE BILLED WAS APPROPRIATE FOR THE
 SERVICES;  PROVIDED, HOWEVER, THE INSURER OR ORGANIZATION OR CORPORATION
 AND HOSPITAL MAY AGREE TO MEET MORE FREQUENTLY THAN EVERY  NINETY  DAYS,
 SO  LONG  AS SUCH FREQUENCY DOES NOT REQUIRE THE JOINT COMMITTEE TO MEET
 MORE FREQUENTLY THAN EVERY THIRTY  DAYS.  FAILURE  BY  THE  HOSPITAL  TO
 PROVIDE  THE  CLINICAL DOCUMENTATION TO THE JOINT COMMITTEE WITHIN SIXTY
 DAYS OF REQUEST, OR AN ALTERNATIVE TIMEFRAME AS MAY BE  AGREED  UPON  BY
 ALL  PARTIES,  SHALL  RESULT  IN A FINAL DETERMINATION THAT THE SERVICES
 WERE NOT MEDICALLY NECESSARY BY THE JOINT COMMITTEE, WHICH SHALL NOT  BE
 SUBJECT  TO  REVIEW UNDER ARTICLE FORTY-NINE OF THIS CHAPTER AND ARTICLE
 FORTY-NINE OF THE PUBLIC HEALTH LAW.
   (A) IN THE EVENT A JOINT DETERMINATION CANNOT BE  AGREED  UPON  WITHIN
 THE NINETY-DAY PERIOD, THE HOSPITAL OR INSURER OR ORGANIZATION OR CORPO-
 S. 4007                            125                           A. 3007
 
 RATION  MAY REFER THE CLAIM TO A MUTUALLY AGREED UPON INDEPENDENT THIRD-
 PARTY REVIEW AGENT WITHIN FIVE BUSINESS DAYS FROM THE END OF  THE  NINE-
 TY-DAY PERIOD, FOR A DETERMINATION. THE DETERMINATION OF THE INDEPENDENT
 THIRD-PARTY REVIEW AGENT SHALL BE BINDING.
   (B)  THE HOSPITAL AND THE INSURER OR ORGANIZATION OR CORPORATION SHALL
 DESIGNATE ONE OR  MORE  MUTUALLY  AGREED  UPON  INDEPENDENT  THIRD-PARTY
 REVIEW  AGENTS  IN THE PARTICIPATING PROVIDER AGREEMENT. IF THE HOSPITAL
 AND THE INSURER OR ORGANIZATION  OR  CORPORATION  ARE  UNABLE  TO  REACH
 AGREEMENT  IN  THE PARTICIPATING PROVIDER AGREEMENT ON ONE OR MORE INDE-
 PENDENT THIRD-PARTY REVIEW AGENTS, THEN THE INSURER OR  ORGANIZATION  OR
 CORPORATION  MAY SELECT AN INDEPENDENT THIRD-PARTY REVIEW AGENT THAT HAS
 BEEN CERTIFIED  BY THE SUPERINTENDENT AS AN EXTERNAL APPEAL AGENT PURSU-
 ANT TO ARTICLE FORTY-NINE OF THIS CHAPTER OR AS AN  INDEPENDENT  DISPUTE
 RESOLUTION ENTITY PURSUANT TO ARTICLE SIX OF THE FINANCIAL SERVICES LAW.
 IF THE INDEPENDENT THIRD-PARTY REVIEW AGENT DETERMINES THAT THE SERVICES
 PROVIDED  WERE NOT MEDICALLY NECESSARY, IN WHOLE OR IN PART, THE INSURER
 OR CORPORATION OR ORGANIZATION MAY RECOUP, OFFSET, OR OTHERWISE  REQUIRE
 THE  HOSPITAL TO REFUND ANY OVERPAYMENT RESULTING FROM ITS DETERMINATION
 CONSISTENT WITH SUBSECTION (B) OF SECTION  THREE  THOUSAND  TWO  HUNDRED
 TWENTY-FOUR-B OF THIS ARTICLE WITHIN THIRTY DAYS.  THE INSURER OR ORGAN-
 IZATION  OR CORPORATION SHALL PROVIDE WRITTEN NOTIFICATION TO THE HOSPI-
 TAL OF SUCH RECOUP OR OFFSET, WHICH SHALL INCLUDE: (I) THE CLAIM NUMBER;
 (II) THE AMOUNT OF THE OVERPAYMENT; AND (III)  THE  DATE  OF  THE  JOINT
 COMMITTEE DETERMINATION.
   (C) DURING THE ENTIRETY OF THE REVIEW PROCESS, THE HOSPITAL SHALL PEND
 THE  IMPOSITION  OF  ANY COPAYMENT, COINSURANCE OR DEDUCTIBLE UNTIL SUCH
 TIME AS THERE IS A FINAL DETERMINATION AS TO  WHETHER  THE  SERVICES  IN
 QUESTION  WERE MEDICALLY NECESSARY. THE HOSPITAL MAY THEREAFTER BILL THE
 INSURED FOR THE AMOUNT OF THE COPAYMENT, COINSURANCE OR  DEDUCTIBLE  FOR
 SERVICES DETERMINED TO BE MEDICALLY NECESSARY AND SHALL HOLD THE INSURED
 HARMLESS  FOR  ANY  OTHER AMOUNTS, INCLUDING AMOUNTS FOR SERVICES DETER-
 MINED TO BE NOT MEDICALLY NECESSARY.
   (4) NOTHING IN THIS SUBSECTION SHALL IN ANY WAY BE DEEMED TO LIMIT THE
 ABILITY OF INSURERS OR ORGANIZATIONS OR CORPORATIONS  AND  HOSPITALS  TO
 AGREE TO ESTABLISH PARAMETERS FOR REFERRAL OR REVIEW OF MEDICAL RECORDS,
 INCLUDING  WHILE  THE  INSURED  IS  IN  THE HOSPITAL, OR FOR INSURERS OR
 ORGANIZATIONS OR CORPORATIONS TO REQUIRE PREAUTHORIZATION  FOR  SERVICES
 THAT ARE NOT EMERGENCY SERVICES.
   (5)  FOR  PURPOSES OF THIS SUBSECTION, "HOSPITAL" SHALL MEAN A GENERAL
 HOSPITAL AS DEFINED IN SECTION TWO THOUSAND EIGHT  HUNDRED  ONE  OF  THE
 PUBLIC HEALTH LAW.
   (6)  NOTHING IN THIS SUBSECTION SHALL PRECLUDE AN INSURER OR ORGANIZA-
 TION OR CORPORATION AND A HOSPITAL FROM AGREEING TO OTHER DISPUTE RESOL-
 UTION MECHANISMS, PROVIDED THAT THE PARTIES MAY NOT NEGOTIATE  AWAY  THE
 REQUIREMENT  THAT  THE  INSURER  OR  ORGANIZATION OR CORPORATION PAY THE
 CLAIM AS BILLED BY THE  HOSPITAL  PRIOR  TO  REVIEWING  SUCH  CLAIM  FOR
 MEDICAL  NECESSITY.  WHEN  A  HOSPITAL AND AN INSURER OR ORGANIZATION OR
 CORPORATION ARE PARTIES TO A PARTICIPATING PROVIDER AGREEMENT APPLICABLE
 TO THE INPATIENT HOSPITAL ADMISSION BEING REVIEWED BY THE JOINT  COMMIT-
 TEE, THE DEFINITION OF MEDICAL NECESSITY SET FORTH IN SUCH PARTICIPATING
 PROVIDER AGREEMENT SHALL APPLY FOR PURPOSES OF JOINT COMMITTEE AND INDE-
 PENDENT THIRD-PARTY REVIEW.
   § 2. Subsection (b) of section 3224-a of the insurance law, as amended
 by chapter 694 of the laws of 2021, is amended to read as follows:
   (b) In a case where the obligation of an insurer or an organization or
 corporation  licensed  or  certified  pursuant to article forty-three or
 S. 4007                            126                           A. 3007
 
 forty-seven of this chapter or article forty-four of the  public  health
 law  to  pay a claim or make a payment for health care services rendered
 is not reasonably clear due to a good faith dispute regarding the eligi-
 bility  of  a  person  for coverage, the liability of another insurer or
 corporation or organization for all or part of the claim, the amount  of
 the  claim,  the  benefits covered under a contract or agreement, or the
 manner in which services were accessed or provided, an insurer or organ-
 ization or corporation shall pay any undisputed portion of the claim  in
 accordance  with  this  subsection  and notify the policyholder, covered
 person or health care provider in writing, and through the  internet  or
 other electronic means for claims submitted in that manner, within thir-
 ty calendar days of the receipt of the claim:
   (1) whether the claim or bill has been denied or partially approved;
   (2) which claim or medical payment that it is not obligated to pay THE
 CLAIM, stating the specific reasons why it is not liable; and
   (3)  to request all additional information needed to determine liabil-
 ity to pay the claim or make the health care payment; and
   (4) of the specific type  of  plan  or  product  the  policyholder  or
 covered  person  is  enrolled  in; provided that nothing in this section
 shall authorize discrimination based on the source of payment.
   Upon receipt of the information requested in paragraph three  of  this
 subsection  or  an  appeal  of  a claim or bill for health care services
 denied pursuant to this subsection, an insurer or organization or corpo-
 ration licensed or certified pursuant to article forty-three  or  forty-
 seven  of  this  chapter  or article forty-four of the public health law
 shall comply with subsection (a) of this section; provided, that if  the
 insurer or organization or corporation licensed or certified pursuant to
 article forty-three or forty-seven of this chapter or article forty-four
 of  the  public health law determines that payment or additional payment
 is due on [the] A claim[,] AS A RESULT OF AN INTERNAL OR EXTERNAL APPEAL
 DETERMINATION MADE PURSUANT TO SECTION FOUR THOUSAND NINE  HUNDRED  FOUR
 OR TITLE TWO OF ARTICLE FORTY-NINE OF THIS CHAPTER OR SECTION FOUR THOU-
 SAND  NINE HUNDRED FOUR OR TITLE TWO OF ARTICLE FORTY-NINE OF THE PUBLIC
 HEALTH LAW, such payment shall be made to the  policyholder  or  covered
 person or health care provider within fifteen days of the determination.
 Any  denial  or  partial  approval  of claim or payment and the specific
 reasons for such denial or partial approval pursuant to this  subsection
 shall be prominently displayed on a written notice with at least twelve-
 point  type.  A  partial approval of claim or payment shall state at the
 top of such written notice  with  at  least  fourteen-point  type  bold:
 "NOTICE  OF  PARTIAL APPROVAL OF MEDICAL COVERAGE". A denial of claim or
 payment shall state at the top of such  written  notice  with  at  least
 fourteen-point  type  bold:  "NOTICE OF DENIAL OF MEDICAL COVERAGE". Any
 additional terms or  conditions  included  on  such  notice  of  partial
 approval  or  such  notice  of  denial,  such as but not limited to time
 restraints to file an appeal, shall be included with  at  least  twelve-
 point type.
   §  3.  Paragraphs  4  and 5 of subsection (b) of section 3224-b of the
 insurance law are renumbered paragraphs 6 and 7 and two new paragraphs 4
 and 5 are added to read as follows:
   (4) A REVIEW OR AUDIT OF CLAIMS BY OR ON BEHALF OF A HEALTH PLAN SHALL
 NOT REVERSE OR OTHERWISE ALTER A MEDICAL NECESSITY DETERMINATION,  WHICH
 INCLUDES,  A  SITE  OF  SERVICE OR LEVEL OF CARE DETERMINATION MADE BY A
 UTILIZATION REVIEW AGENT OR EXTERNAL APPEAL AGENT  PURSUANT  TO  ARTICLE
 FORTY-NINE  OF  THIS  CHAPTER OR ARTICLE FORTY-NINE OF THE PUBLIC HEALTH
 LAW.
 S. 4007                            127                           A. 3007
 
   (5) A REVIEW OR AUDIT OF CLAIMS BY OR ON BEHALF OF A HEALTH PLAN SHALL
 NOT DOWNGRADE THE CODING OF A CLAIM IF IT HAS THE EFFECT OF REVERSING OR
 ALTERING A MEDICAL NECESSITY DETERMINATION, WHICH INCLUDES, A  LEVEL  OF
 CARE  DETERMINATION  MADE  BY  OR ON BEHALF OF THE HEALTH PLAN; PROVIDED
 HOWEVER,  THAT  NOTHING  IN  THIS  PARAGRAPH SHALL LIMIT A HEALTH PLAN'S
 ABILITY TO REVIEW OR AUDIT CLAIMS FOR FRAUD, WASTE OR ABUSE.
   § 4. The opening paragraph of subsection (c) of section  4904  of  the
 insurance  law, as amended by section 18 of part YY of chapter 56 of the
 laws of 2020, is amended to read as follows:
   A utilization review agent shall establish a standard  appeal  process
 which includes procedures for appeals to be filed in writing or by tele-
 phone.  A  utilization  review  agent must establish a period of no less
 than forty-five days after receipt of notification by the insured of the
 initial utilization review determination and receipt  of  all  necessary
 information  to file the appeal from said determination. The utilization
 review agent must provide written acknowledgment of the  filing  of  the
 appeal  to  the  appealing  party within fifteen days of such filing and
 shall make a determination with regard to the appeal within thirty  days
 of  the receipt of necessary information to conduct the appeal and, upon
 overturning the adverse decision, shall comply with subsection [(a)] (B)
 of section three thousand two hundred twenty-four-a of this  chapter  as
 applicable.  The  utilization review agent shall notify the insured, the
 insured's designee and, where appropriate,  the  insured's  health  care
 provider,  in  writing  of  the appeal determination within two business
 days of the rendering of such determination.
   § 5. The opening paragraph of subdivision 3 of  section  4904  of  the
 public  health law, as amended by section 17 of part YY of chapter 56 of
 the laws of 2020, is amended to read as follows:
   A utilization review agent shall establish a standard  appeal  process
 which includes procedures for appeals to be filed in writing or by tele-
 phone.  A  utilization  review  agent must establish a period of no less
 than forty-five days after receipt of notification by  the  enrollee  of
 the  initial  utilization review determination and receipt of all neces-
 sary information to file the appeal from said determination. The  utili-
 zation review agent must provide written acknowledgment of the filing of
 the appeal to the appealing party within fifteen days of such filing and
 shall  make a determination with regard to the appeal within thirty days
 of the receipt of necessary information to conduct the appeal and,  upon
 overturning  the  adverse  determination,  shall  comply with subsection
 [(a)] (B) of section three thousand two  hundred  twenty-four-a  of  the
 insurance  law  as applicable. The utilization review agent shall notify
 the enrollee,  the  enrollee's  designee  and,  where  appropriate,  the
 enrollee's health care provider, in writing, of the appeal determination
 within  two  business  days  of the rendering of such determination. The
 notice of the appeal determination shall include:
   § 6. Nothing in this act shall limit the authority of  the  office  of
 the  medicaid  inspector general, the department of health, or the state
 from conducting  oversight  activities,  audits,  recovering  funds  and
 imposing  penalties  in  accordance  with any relevant rule, regulation,
 provision of law or contract.
   § 7. This act shall take effect January 1, 2024.
 
                                  PART K
 
   Section 1.  Subparagraphs 1 and 2 of paragraph (e) of subdivision 1 of
 section 366 of the social services law, as added by section 1 of part  D
 S. 4007                            128                           A. 3007
 
 of  chapter  56  of  the laws of 2013, clause (iii) of subparagraph 2 as
 amended by chapter 477 of the laws of  2022,  are  amended  to  read  as
 follows:
   (1)  is  an  inmate  or  patient in an institution or facility wherein
 medical assistance may not be provided  in  accordance  with  applicable
 federal  or state requirements, except for persons described in subpara-
 graph ten of paragraph (c) of this subdivision or subdivision  one-a  or
 subdivision  one-b  of  this  section;  OR  EXCEPT  FOR CERTAIN SERVICES
 PROVIDED TO PERSONS IN A CORRECTIONAL INSTITUTION OR FACILITY  PERMITTED
 BY A WAIVER AUTHORIZED PURSUANT TO SECTION ELEVEN HUNDRED FIFTEEN OF THE
 FEDERAL  SOCIAL  SECURITY ACT; IF, SO LONG AS, AND TO THE EXTENT FEDERAL
 FINANCIAL PARTICIPATION IS  AVAILABLE  FOR  SUCH  EXPENDITURES  PROVIDED
 PURSUANT TO SUCH WAIVER; or
   (2)  is  a  patient in a public institution operated primarily for the
 treatment of tuberculosis or care of the  mentally  disabled,  with  the
 exception  of:  (i)  a  person  sixty-five  years  of age or older and a
 patient in any such institution; (ii) a person under twenty-one years of
 age and receiving in-patient psychiatric services in a  public  institu-
 tion  operated  primarily for the care of the mentally disabled; (iii) a
 patient in a public institution operated primarily for the care of indi-
 viduals with developmental disabilities who is receiving medical care or
 treatment in that part of such institution that has been approved pursu-
 ant to law as a hospital or nursing home; (iv) a patient in an  institu-
 tion  operated  by  the  state department of mental hygiene, while under
 care in a hospital on release from such institution for the  purpose  of
 receiving  care  in  such  hospital;  [or] (v) is a person residing in a
 community residence or a residential care center  for  adults;  OR  (VI)
 CERTAIN  SERVICES  PROVIDED  TO  PERSONS  IN  AN  INSTITUTION FOR MENTAL
 DISEASES PERMITTED BY A WAIVER AUTHORIZED  PURSUANT  TO  SECTION  ELEVEN
 HUNDRED  FIFTEEN OF THE FEDERAL SOCIAL SECURITY ACT; IF, SO LONG AS, AND
 TO THE EXTENT FEDERAL FINANCIAL  PARTICIPATION  IS  AVAILABLE  FOR  SUCH
 EXPENDITURES PROVIDED PURSUANT TO SUCH WAIVER.
   §  2.    This act shall take effect immediately and shall be deemed to
 have been in full force and effect on and after April 1, 2023.
 
                                  PART L
 
   Section 1. Section 3241 of the insurance law is amended  by  adding  a
 new subsection (d) to read as follows:
   (D)(1) FOR PURPOSES OF THIS SUBSECTION:
   (A) "FREE-STANDING AMBULATORY SURGICAL CENTER" SHALL MEAN A DIAGNOSTIC
 AND  TREATMENT CENTER AUTHORIZED PURSUANT TO ARTICLE TWENTY-EIGHT OF THE
 PUBLIC HEALTH LAW AND OPERATED INDEPENDENTLY FROM A HOSPITAL.
   (B) "HEALTH CARE PLAN" SHALL MEAN AN INSURER, A CORPORATION  ORGANIZED
 PURSUANT  TO  ARTICLE  FORTY-THREE OF THIS CHAPTER, A HEALTH MAINTENANCE
 ORGANIZATION CERTIFIED PURSUANT TO  ARTICLE  FORTY-FOUR  OF  THE  PUBLIC
 HEALTH LAW, A MUNICIPAL COOPERATIVE HEALTH BENEFIT PLAN CERTIFIED PURSU-
 ANT  TO  ARTICLE  FORTY-SEVEN OF THIS CHAPTER, AND A STUDENT HEALTH PLAN
 ESTABLISHED OR MAINTAINED PURSUANT TO SECTION ONE THOUSAND  ONE  HUNDRED
 TWENTY-FOUR  OF  THIS  CHAPTER, THAT ISSUES A HEALTH INSURANCE POLICY OR
 CONTRACT OR THAT ARRANGES FOR CARE AND  SERVICES  FOR  MEMBERS  UNDER  A
 CONTRACT  WITH  THE  DEPARTMENT  OF HEALTH WITH A NETWORK OF HEALTH CARE
 PROVIDERS AND UTILIZES SITE OF SERVICE REVIEW TO DETERMINE COVERAGE  FOR
 SERVICES DELIVERED BY PARTICIPATING PROVIDERS.
 S. 4007                            129                           A. 3007
 
   (C)  "HOSPITAL-BASED OUTPATIENT CLINIC" SHALL MEAN A CLINIC AUTHORIZED
 PURSUANT TO ARTICLE TWENTY-EIGHT OF THE PUBLIC HEALTH LAW AND LISTED  ON
 A HOSPITAL'S OPERATING CERTIFICATE.
   (D)  "SITE  OF SERVICE REVIEW" SHALL MEAN CRITERIA APPLIED BY A HEALTH
 CARE PLAN FOR PURPOSES  OF  DETERMINING  WHETHER  A  PROCEDURE  WILL  BE
 COVERED  FOR  A  GIVEN  INSURED  OR  ENROLLEE WHEN RENDERED BY A NETWORK
 PROVIDER AT A HOSPITAL-BASED OUTPATIENT CLINIC RATHER THAN A FREE-STAND-
 ING AMBULATORY SURGICAL CENTER.
   (2) SITE OF SERVICE REVIEW  SHALL  BE  DEEMED  UTILIZATION  REVIEW  IN
 ACCORDANCE WITH AND SUBJECT TO THE REQUIREMENTS AND PROTECTIONS OF ARTI-
 CLE  FORTY-NINE  OF  THIS  CHAPTER  AND ARTICLE FORTY-NINE OF THE PUBLIC
 HEALTH LAW, INCLUDING THE RIGHT  TO  INTERNAL  AND  EXTERNAL  APPEAL  OF
 DENIALS RELATED TO SITE OF SERVICE.
   (3) SITE OF SERVICE REVIEW SHALL PRIORITIZE PATIENT HEALTH AND SAFETY,
 PATIENT CHOICE OF HEALTH CARE PROVIDER, AND ACCESS TO CARE AND SHALL NOT
 BE BASED SOLELY ON COST.
   (4)  A  HEALTH  CARE PLAN SHALL HAVE ADEQUATE FREE-STANDING AMBULATORY
 SURGICAL CENTER PROVIDERS TO MEET  THE  HEALTH  NEEDS  OF  INSUREDS  AND
 ENROLLEES  AND  TO PROVIDE AN APPROPRIATE CHOICE OF PROVIDERS SUFFICIENT
 TO RENDER THE SERVICES COVERED UNDER THE POLICY OR CONTRACT.
   (5) EXCEPT AS PROVIDED IN PARAGRAPH SIX OF THIS  SUBSECTION,  STARTING
 JANUARY  FIRST,  TWO  THOUSAND  TWENTY-FOUR,  A  HEALTH  CARE PLAN SHALL
 PROVIDE NOTICE DISCLOSING AND CLEARLY EXPLAINING  THE  SITE  OF  SERVICE
 REVIEW TO:
   (A)  POLICYHOLDERS,  CONTRACT  HOLDERS,  INSUREDS,  AND  ENROLLEES AND
 PROSPECTIVE POLICYHOLDERS, CONTRACT HOLDERS, INSUREDS, AND ENROLLEES  AT
 THE TIME OF PLAN AND POLICY OR CONTRACT SELECTION. THIS DISCLOSURE SHALL
 INCLUDE  A  STATEMENT THAT SITE OF SERVICE REVIEW MAY LIMIT THE SETTINGS
 IN WHICH SERVICES COVERED UNDER THE POLICY OR CONTRACT MAY  BE  PROVIDED
 AND  RENDER  A  PARTICIPATING  PROVIDER  UNABLE TO PERFORM A SERVICE AND
 SHALL DISCLOSE TO INSUREDS OR ENROLLEES ANY QUALITY  OR  COST  DIFFEREN-
 TIAL,  INCLUDING  DIFFERENCES IN OUT-OF-POCKET COSTS, BETWEEN THE HOSPI-
 TAL-BASED OUTPATIENT CLINIC AND THE  FREE-STANDING  AMBULATORY  SURGICAL
 CENTER   WHEN   SERVICES  AT  A  HOSPITAL-BASED  OUTPATIENT  CLINIC  ARE
 REQUESTED, OR AT  ANY  OTHER  TIME  UPON  THE  INSURED'S  OR  ENROLLEE'S
 REQUEST.  PROVIDER DIRECTORIES SHALL ALSO INDICATE WHEN HEALTH CARE PLAN
 SITE OF SERVICE REVIEW MAY LIMIT THE SCOPE  OF  SERVICES  THAT  WILL  BE
 COVERED WHEN DELIVERED BY A PARTICIPATING PROVIDER;
   (B)  PARTICIPATING PROVIDERS AT LEAST NINETY DAYS PRIOR TO IMPLEMENTA-
 TION.  A HEALTH CARE PLAN SHALL ALSO INFORM PROVIDERS OF THE PROCESS FOR
 REQUESTING COVERAGE OF A SERVICE IN A HOSPITAL-BASED  OUTPATIENT  CLINIC
 SETTING,  INCLUDING  THE  RIGHT  TO REQUEST A REAL TIME CLINICAL PEER TO
 PEER DISCUSSION AS PART OF THE AUTHORIZATION PROCESS; AND
   (C) THE SUPERINTENDENT AND, AS  APPLICABLE,  TO  THE  COMMISSIONER  OF
 HEALTH,  AT  LEAST  FORTY-FIVE  DAYS  PRIOR  TO NOTIFYING POLICYHOLDERS,
 CONTRACT HOLDERS, INSUREDS AND ENROLLEES AND PROSPECTIVE  POLICYHOLDERS,
 CONTRACT  HOLDERS, INSUREDS AND ENROLLEES AND PARTICIPATING PROVIDERS IN
 ACCORDANCE WITH THIS SUBSECTION. SUCH NOTICE TO THE SUPERINTENDENT  AND,
 AS APPLICABLE, TO THE COMMISSIONER OF HEALTH, SHALL INCLUDE DRAFT COMMU-
 NICATIONS  TO  THE FOREGOING PERSONS FOR PURPOSES OF COMPLYING WITH THIS
 SUBSECTION.
   (6) A HEALTH CARE PLAN THAT HAS IMPLEMENTED  SITE  OF  SERVICE  REVIEW
 PRIOR  TO  JANUARY  FIRST,  TWO  THOUSAND  TWENTY-FOUR SHALL PROVIDE THE
 DISCLOSURES SET FORTH IN PARAGRAPH FIVE OF THIS SUBSECTION AT THE BEGIN-
 NING OF THE OPEN ENROLLMENT PERIOD FOR INDIVIDUAL HEALTH INSURANCE POLI-
 CIES  AND  CONTRACTS,  AND  FOR  GROUP  HEALTH  INSURANCE  POLICIES  AND
 S. 4007                            130                           A. 3007
 
 CONTRACTS,  PRIOR  TO  ISSUANCE, RENEWAL, OR JANUARY FIRST, TWO THOUSAND
 TWENTY-FOUR, WHICHEVER IS EARLIER.
   (7)  STARTING JANUARY FIRST, TWO THOUSAND TWENTY-FOUR, AT A MINIMUM, A
 HEALTH CARE PLAN SHALL APPROVE A SERVICE COVERED  UNDER  THE  POLICY  OR
 CONTRACT AND REQUESTED TO BE PERFORMED BY A NETWORK PROVIDER AT A HOSPI-
 TAL-BASED OUTPATIENT CLINIC IN THE FOLLOWING SITUATIONS:
   (A)  THE PROCEDURE CANNOT BE SAFELY PERFORMED IN A FREE-STANDING AMBU-
 LATORY SURGICAL CENTER DUE TO THE INSURED'S OR ENROLLEE'S HEALTH  CONDI-
 TION OR THE HEALTH CARE SERVICES;
   (B)  THERE  IS NOT SUFFICIENT FREE-STANDING AMBULATORY SURGICAL CENTER
 CAPACITY IN THE INSURED'S OR ENROLLEE'S GEOGRAPHIC AREA; OR
   (C) THE PROVISION OF HEALTH CARE SERVICES AT A FREE-STANDING AMBULATO-
 RY SURGICAL CENTER WOULD RESULT IN UNDUE DELAY.
   (8) STARTING JANUARY FIRST, TWO THOUSAND TWENTY-FOUR, SITE OF  SERVICE
 CLINICAL  REVIEW CRITERIA DEVELOPED BY HEALTH CARE PLANS SHALL ALSO TAKE
 INTO CONSIDERATION WHETHER:
   (A) THE INSURED'S OR ENROLLEE'S IN-NETWORK TREATING  PHYSICIAN  RECOM-
 MENDS  THAT THE SERVICE BE PROVIDED AT A HOSPITAL-BASED OUTPATIENT CLIN-
 IC;
   (B) THE INSURED'S IN-NETWORK TREATING PHYSICIAN IS NOT CREDENTIALED OR
 DOES NOT HAVE PRIVILEGES AT A FREE-STANDING AMBULATORY SURGICAL  CENTER;
 OR
   (C)  THE  INSURED  HAS  AN ESTABLISHED RELATIONSHIP WITH AN IN-NETWORK
 TREATING PHYSICIAN WHO PERFORMS THE REQUESTED  SERVICE  IN  A  HOSPITAL-
 BASED OUTPATIENT CLINIC.
   § 2. This act shall take effect April 1, 2023.

                                  PART M
 
   Section  1.  Subdivision 3 of section 2801-a of the public health law,
 as amended by section 57 of part A of chapter 58 of the laws of 2010, is
 amended to read as follows:
   3. The public health and health planning council shall not  approve  a
 certificate  of  incorporation,  articles of organization or application
 for establishment unless it is satisfied, insofar as applicable,  as  to
 (a) the public need for the existence of the institution at the time and
 place  and  under the circumstances proposed, provided, however, that in
 the case of an institution proposed to be established or operated by  an
 organization  defined in subdivision one of section one hundred seventy-
 two-a of the executive law, the needs of the members  of  the  religious
 denomination  concerned,  for care or treatment in accordance with their
 religious or ethical convictions, shall be deemed to be public need; (b)
 the character,  competence,  and  standing  in  the  community,  of  the
 proposed  incorporators,  directors, sponsors, stockholders, members, or
 operators; with respect to any proposed incorporator, director, sponsor,
 stockholder, member, or operator who is already or within the past [ten]
 SEVEN years [has] been an incorporator, director, sponsor, member, prin-
 cipal stockholder, principal member, or  operator  OF  any  hospital  OR
 OTHER  HEALTH-RELATED  OR  LONG-TERM  CARE  FACILITY, PROGRAM OR AGENCY,
 INCLUDING BUT NOT LIMITED TO, private proprietary home for adults, resi-
 dence for adults, or non-profit home for the aged  or  blind  which  has
 been  issued  an operating certificate by the state department of social
 services, or a halfway house, hostel or other  residential  facility  or
 institution  for the care, custody or treatment of the mentally disabled
 which is subject to approval by the department  of  mental  hygiene,  no
 approval  shall  be granted unless the public health and health planning
 S. 4007                            131                           A. 3007
 
 council, having afforded an adequate opportunity to  members  of  health
 systems  agencies,  if any, having geographical jurisdiction of the area
 where the institution is to be located to be heard, shall  affirmatively
 find  by  substantial  evidence  as to each such incorporator, director,
 sponsor, MEMBER, principal stockholder, PRINCIPAL  MEMBER,  or  operator
 that a substantially consistent high level of care is being or was being
 rendered  in each such hospital, home, residence, halfway house, hostel,
 or other residential facility or institution [with] IN which such person
 is or was affiliated; for the purposes of  this  paragraph,  the  public
 health  and  health  planning council shall adopt rules and regulations,
 subject to the approval of the commissioner, to establish  the  criteria
 to be used to determine whether a substantially consistent high level of
 care  has  been  rendered,  provided, however, that there shall not be a
 finding that a substantially consistent high  level  of  care  has  been
 rendered where there have been violations of the state hospital code, or
 other  applicable rules and regulations, that (i) threatened to directly
 affect the health, safety or welfare of any  patient  or  resident,  and
 (ii)  were  recurrent  or were not promptly corrected; (c) the financial
 resources of the proposed institution and its sources of  future  reven-
 ues; and (d) such other matters as it shall deem pertinent.
   §  2. Paragraphs (b) and (c) of subdivision 4 of section 2801-a of the
 public health law, as amended by section 57 of part A of chapter  58  of
 the laws of 2010, are amended to read as follows:
   (b)  [(i)]  Any  transfer,  assignment  or  other  disposition of [ten
 percent or more of] an interest, STOCK,  or  voting  rights  in  a  SOLE
 PROPRIETORSHIP,  partnership  [or], limited liability company, OR CORPO-
 RATION which is the operator of a hospital [to a new partner or  member]
 OR  ANY  TRANSFER,  ASSIGNMENT OR OTHER DISPOSITION WHICH RESULTS IN THE
 OWNERSHIP OR CONTROL OF AN INTEREST, STOCK, OR  VOTING  RIGHTS  IN  THAT
 OPERATOR,  shall  be  approved  by the public health and health planning
 council, in accordance with the provisions of  subdivisions  two  [and],
 three,  AND  THREE-B  of this section, except that: [(A) any such change
 shall be subject to the approval by the public]
   (I) PUBLIC health and health planning council APPROVAL  in  accordance
 with  paragraph  (b)  of [subdivision] SUBDIVISIONS three AND THREE-B of
 this section SHALL BE REQUIRED only with respect to [the new partner  or
 member,  and]  any  [remaining  partners  or  members]  PERSON, PARTNER,
 MEMBER, OR STOCKHOLDER who [have] HAS not been previously  approved  for
 that  [facility]  OPERATOR  in  accordance with such [paragraph, and (B)
 such] PARAGRAPHS.
   (II) SUCH change shall not be subject to THE  PUBLIC  NEED  ASSESSMENT
 DESCRIBED IN paragraph (a) of subdivision three of this section.
   [(ii)  With]  (III)  NO PRIOR APPROVAL OF THE PUBLIC HEALTH AND HEALTH
 PLANNING COUNCIL SHALL BE REQUIRED WITH respect to a  transfer,  assign-
 ment  or  disposition  [involving less than ten percent of], DIRECTLY OR
 INDIRECTLY, OF:  (A) an interest, STOCK, or voting rights OF  LESS  THAN
 TEN PERCENT in [such partnership or limited liability company] THE OPER-
 ATOR, to [a new] ANY PERSON, partner [or], member, [no prior approval of
 the  public  health  and  health  planning council shall be required] OR
 STOCKHOLDER WHO HAS NOT BEEN PREVIOUSLY APPROVED BY  THE  PUBLIC  HEALTH
 AND  HEALTH  PLANNING  COUNCIL,  OR  ITS  PREDECESSOR FOR THAT OPERATOR.
 However, no such transaction shall be effective unless at  least  ninety
 days  prior  to the intended effective date thereof, the [partnership or
 limited liability company] OPERATOR fully completes and files  with  the
 public health and health planning council notice on a form, to be devel-
 oped  by  the  public  health  and  health planning council, which shall
 S. 4007                            132                           A. 3007
 
 disclose such information as may reasonably be necessary FOR THE DEPART-
 MENT TO RECOMMEND AND for the public health and health planning  council
 to  determine  whether  it  should  bar  the  transaction for any of the
 reasons set forth in item [(A), (B), (C) or (D)] ONE, TWO, THREE OR FOUR
 below, AND HAS FULLY RESPONDED TO ANY REQUEST FOR ADDITIONAL INFORMATION
 BY THE DEPARTMENT ACTING ON BEHALF OF THE PUBLIC HEALTH AND HEALTH PLAN-
 NING  COUNCIL  DURING  THE REVIEW PERIOD. SUCH TRANSACTION WILL BE FINAL
 UPON COMPLETION OF THE REVIEW PERIOD, WHICH  SHALL  BE  NO  LONGER  THAN
 NINETY DAYS FROM THE DATE THE DEPARTMENT RECEIVES A COMPLETE RESPONSE TO
 ITS FINAL REQUEST FOR ADDITIONAL INFORMATION, UNLESS, PRIOR THERETO, THE
 PUBLIC HEALTH AND HEALTH PLANNING COUNCIL HAS NOTIFIED EACH PARTY TO THE
 PROPOSED  TRANSACTION  THAT  IT  HAS BARRED SUCH TRANSACTIONS.   [Within
 ninety days from the date of receipt of such  notice,  the]  THE  public
 health  and  health planning council may bar, any transaction under this
 subparagraph: [(A)] (1) if the equity position of the partnership  [or],
 limited  liability  company, OR CORPORATION THAT OPERATES A HOSPITAL FOR
 PROFIT, determined in  accordance  with  generally  accepted  accounting
 principles,  would be reduced as a result of the transfer, assignment or
 disposition; [(B)] (2) if the transaction would result in the  ownership
 of a partnership or membership interest OR STOCK by any persons who have
 been  convicted  of  a  felony  described in subdivision five of section
 twenty-eight hundred six of this article; [(C)] (3) if there are reason-
 able grounds to believe that the proposed transaction does  not  satisfy
 the  character and competence criteria set forth in subdivision three OR
 THREE-B of this section; or [(D)] (4) if the transaction, together  with
 all  transactions  under  this  subparagraph  for  the  [partnership, or
 successor,] OPERATOR during any five year period would,  in  the  aggre-
 gate,  involve twenty-five percent or more of the interest in the [part-
 nership] OPERATOR. The public health and health planning  council  shall
 state  specific  reasons for barring any transaction under this subpara-
 graph and shall so notify each party to the proposed transaction[.]; OR
   [(iii) With respect to a transfer, assignment or disposition  of]  (B)
 an  interest,  STOCK,  or  voting rights [in such partnership or limited
 liability company] to any  [remaining]  PERSON,  partner  [or],  member,
 [which  transaction  involves  the withdrawal of the transferor from the
 partnership or limited liability  company,  no  prior  approval  of  the
 public  health  and health planning council shall be required] OR STOCK-
 HOLDER, PREVIOUSLY APPROVED BY THE PUBLIC  HEALTH  AND  HEALTH  PLANNING
 COUNCIL, OR ITS PREDECESSOR, FOR THAT OPERATOR.  However, no such trans-
 action  shall  be  effective  unless  at  least ninety days prior to the
 intended effective date thereof, the [partnership or  limited  liability
 company]  OPERATOR  fully completes and files with the public health and
 health planning council notice on a form, to be developed by the  public
 health  and  health planning council, which shall disclose such informa-
 tion as may reasonably be necessary FOR THE DEPARTMENT TO RECOMMEND  AND
 for  the  public health and health planning council to determine whether
 it should bar the transaction for the reason set forth  below,  AND  HAS
 FULLY RESPONDED TO ANY REQUEST FOR ADDITIONAL INFORMATION BY THE DEPART-
 MENT  ACTING  ON BEHALF OF THE PUBLIC HEALTH AND HEALTH PLANNING COUNCIL
 DURING THE REVIEW PERIOD. SUCH TRANSACTION WILL BE FINAL UPON COMPLETION
 OF THE REVIEW PERIOD, WHICH SHALL BE NO LONGER THAN NINETY DAYS FROM THE
 DATE THE DEPARTMENT RECEIVES A COMPLETE RESPONSE TO  ITS  FINAL  REQUEST
 FOR ADDITIONAL INFORMATION, UNLESS, PRIOR THERETO, THE PUBLIC HEALTH AND
 HEALTH  PLANNING  COUNCIL HAS NOTIFIED EACH PARTY TO THE PROPOSED TRANS-
 ACTION THAT IT HAS BARRED SUCH TRANSACTIONS.  [Within ninety  days  from
 the  date  of  receipt of such notice, the] THE public health and health
 S. 4007                            133                           A. 3007
 
 planning council may bar any transaction under this subparagraph if  the
 equity position of the [partnership or limited liability company] OPERA-
 TOR, determined in accordance with generally accepted accounting princi-
 ples, would be reduced as a result of the transfer, assignment or dispo-
 sition.  The  public  health  and  health  planning  council shall state
 specific reasons for barring any transaction under this subparagraph and
 shall so notify each party to the proposed transaction.
   (c) [Any transfer, assignment or other disposition of ten  percent  or
 more  of the stock or voting rights thereunder of a corporation which is
 the operator of a hospital or which is a member of a  limited  liability
 company which is the operator of a hospital to a new stockholder, or any
 transfer,  assignment or other disposition of the stock or voting rights
 thereunder of such a corporation  which  results  in  the  ownership  or
 control  of  more  than ten percent of the stock or voting rights there-
 under of such corporation by any person not previously approved  by  the
 public  health and health planning council, or its predecessor, for that
 corporation shall be subject to approval by the public health and health
 planning council, in accordance with the provisions of subdivisions  two
 and  three  of  this section and rules and regulations pursuant thereto;
 except that: any such transaction shall be subject to  the  approval  by
 the  public  health and health planning council in accordance with para-
 graph (b) of subdivision three of this section only with  respect  to  a
 new stockholder or a new principal stockholder; and shall not be subject
 to paragraph (a) of subdivision three of this section. In the absence of
 such  approval,  the  operating  certificate  of  such hospital shall be
 subject to revocation or suspension. No prior  approval  of  the  public
 health  and  health planning council shall be required with respect to a
 transfer, assignment or disposition of ten percent or more of the  stock
 or  voting rights thereunder of a corporation which is the operator of a
 hospital or which is a member of a limited liability  company  which  is
 the  owner of a hospital to any person previously approved by the public
 health and health planning council, or its predecessor, for that  corpo-
 ration.  However, no such transaction shall be effective unless at least
 ninety days prior to the intended effective date thereof, the stockhold-
 er completes and files with the public health and health planning  coun-
 cil  notice  on  forms  to  be developed by the public health and health
 planning council, which shall disclose such information as  may  reason-
 ably  be  necessary for the public health and health planning council to
 determine whether it should bar the transaction. Such  transaction  will
 be  final  as  of the intended effective date unless, prior thereto, the
 public health and health planning council shall state  specific  reasons
 for barring such transactions under this paragraph and shall notify each
 party to the proposed transaction.] Nothing in this [paragraph] SUBDIVI-
 SION  shall  be construed as permitting [a] ANY person, PARTNER, MEMBER,
 OR STOCKHOLDER not previously approved by the public health  and  health
 planning  council  for  that [corporation] OPERATOR to [become the owner
 of] OWN OR CONTROL, DIRECTLY OR INDIRECTLY, ten percent or more  of  the
 INTEREST,  stock,  OR  VOTING  RIGHTS  of  [a]  ANY PARTNERSHIP, LIMITED
 LIABILITY COMPANY, OR corporation which is the operator of a hospital or
 A CORPORATION which is a member of a limited liability company which  is
 the  owner  of  a  hospital  without first obtaining the approval of the
 public health and health planning council. IN THE ABSENCE OF APPROVAL BY
 THE PUBLIC HEALTH AND HEALTH PLANNING COUNCIL  AS  REQUIRED  UNDER  THIS
 SUBDIVISION, THE OPERATING CERTIFICATE OF SUCH HOSPITAL SHALL BE SUBJECT
 TO  REVOCATION  OR  SUSPENSION.    FAILURE TO PROVIDE NOTICE AS REQUIRED
 S. 4007                            134                           A. 3007

 UNDER THIS SUBDIVISION MAY SUBJECT THE  OPERATING  CERTIFICATE  OF  SUCH
 OPERATOR TO REVOCATION OR SUSPENSION.
   § 3. Section 3611-a of the public health law, as amended by section 92
 of  part  C  of  chapter 58 of the laws of 2009, subdivisions 1 and 2 as
 amended by section 67 of part A of chapter 58 of the laws  of  2010,  is
 amended to read as follows:
   §  3611-a.  Change  in  the operator or owner.   1. Any [change in the
 person who, or any] transfer, assignment, or  other  disposition  of  an
 interest,  STOCK,  or  voting rights [of ten percent or more]  IN A SOLE
 PROPRIETORSHIP, PARTNERSHIP, LIMITED LIABILITY COMPANY,  OR  CORPORATION
 WHICH  IS  THE  OPERATOR  OF  A  LICENSED HOME CARE SERVICES AGENCY OR A
 CERTIFIED HOME HEALTH AGENCY,  or  any  transfer,  assignment  or  other
 disposition  which  results  in the ownership or control of an interest,
 STOCK, or voting rights [of ten percent or more,] in [a limited  liabil-
 ity  company or a partnership which is the] THAT operator [of a licensed
 home care services agency or a certified home health agency],  shall  be
 approved by the public health and health planning council, in accordance
 with  the  provisions  of subdivision four of section thirty-six hundred
 five of this article relative to licensure or subdivision two of section
 thirty-six hundred six  of  this  article  relative  to  certificate  of
 approval, except that:
   (a)  Public  health  and  health  planning  council  approval shall be
 required only with respect to the person, [or the]  PARTNER,  member  or
 [partner]  STOCKHOLDER  that is acquiring the interest, STOCK, or voting
 rights[; and].
   (b) With respect to certified home health agencies, such change  shall
 not  be subject to the public need assessment described in paragraph (a)
 of subdivision two of section thirty-six hundred six of this article.
   (C) WITH RESPECT TO LICENSED HOME CARE SERVICES AGENCIES, THE  COMMIS-
 SIONER MAY PROMULGATE REGULATIONS DIRECTING WHETHER SUCH CHANGE SHALL BE
 SUBJECT  TO  THE  PUBLIC  NEED  ASSESSMENT DESCRIBED IN PARAGRAPH (A) OF
 SUBDIVISION FOUR OF SECTION THIRTY-SIX HUNDRED FIVE OF THIS ARTICLE.
   [(c)] (D) No prior approval of the public health and  health  planning
 council  shall  be  required  with  respect to a transfer, assignment or
 disposition, DIRECTLY OR INDIRECTLY, of:
   (i) an interest, STOCK, or  voting  rights  to  any  person,  PARTNER,
 MEMBER,  OR  STOCKHOLDER  previously  approved  by the public health and
 health planning council, or its predecessor, for that operator. HOWEVER,
 NO SUCH TRANSACTION SHALL BE EFFECTIVE UNLESS AT LEAST NINETY DAYS PRIOR
 TO THE INTENDED EFFECTIVE DATE THEREOF, THE OPERATOR COMPLETES AND FILES
 WITH THE PUBLIC HEALTH AND HEALTH PLANNING COUNCIL NOTICE ON FORMS TO BE
 DEVELOPED BY THE PUBLIC HEALTH AND HEALTH PLANNING COUNCIL, WHICH  SHALL
 DISCLOSE SUCH INFORMATION AS MAY REASONABLY BE NECESSARY FOR THE DEPART-
 MENT  TO RECOMMEND AND FOR THE PUBLIC HEALTH AND HEALTH PLANNING COUNCIL
 TO DETERMINE WHETHER IT SHOULD BAR  THE  TRANSACTION,    AND  HAS  FULLY
 RESPONDED  TO  ANY  REQUEST FOR ADDITIONAL INFORMATION BY THE DEPARTMENT
 ACTING ON BEHALF OF THE PUBLIC HEALTH AND HEALTH PLANNING COUNCIL DURING
 THE REVIEW PERIOD. SUCH TRANSACTION WILL BE FINAL UPON COMPLETION OF THE
 REVIEW PERIOD, WHICH SHALL BE NO LONGER THAN NINETY DAYS FROM  THE  DATE
 THE  DEPARTMENT  RECEIVES  A  COMPLETE RESPONSE TO ITS FINAL REQUEST FOR
 ADDITIONAL INFORMATION, UNLESS, PRIOR THERETO,  THE  PUBLIC  HEALTH  AND
 HEALTH  PLANNING  COUNCIL HAS NOTIFIED EACH PARTY TO THE PROPOSED TRANS-
 ACTION THAT IT HAS BARRED SUCH TRANSACTIONS UNDER THIS PARAGRAPH AND HAS
 STATED SPECIFIC REASONS FOR BARRING SUCH TRANSACTIONS; or
   (ii) an interest, STOCK, or voting rights of less than ten percent  in
 the  operator TO ANY PERSON, PARTNER, MEMBER, OR STOCKHOLDER WHO HAS NOT
 S. 4007                            135                           A. 3007
 
 BEEN PREVIOUSLY APPROVED BY THE PUBLIC HEALTH AND HEALTH PLANNING  COUN-
 CIL  FOR  THAT OPERATOR. However, no such transaction shall be effective
 unless at least ninety days prior to the intended effective date  there-
 of, the [partner or member] OPERATOR completes and files with the public
 health  and  health  planning council notice on forms to be developed by
 the public health AND HEALTH PLANNING council, which shall disclose such
 information as may reasonably be necessary FOR THE DEPARTMENT TO  RECOM-
 MEND  AND for the public health and health planning council to determine
 whether it should bar the transaction, AND HAS FULLY  RESPONDED  TO  ANY
 REQUEST FOR ADDITIONAL INFORMATION BY THE DEPARTMENT ACTING ON BEHALF OF
 THE  PUBLIC HEALTH AND HEALTH PLANNING COUNCIL DURING THE REVIEW PERIOD.
 Such transaction will be final [as of the intended effective date]  UPON
 COMPLETION  OF  THE  REVIEW PERIOD, WHICH SHALL BE NO LONGER THAN NINETY
 DAYS FROM THE DATE THE DEPARTMENT RECEIVES A COMPLETE  RESPONSE  TO  ITS
 FINAL  REQUEST  FOR  ADDITIONAL  INFORMATION, unless, prior thereto, the
 public health and health planning council  [shall  state]  HAS  NOTIFIED
 EACH  PARTY  TO  THE PROPOSED TRANSACTION THAT IT HAS BARRED SUCH TRANS-
 ACTIONS UNDER THIS PARAGRAPH AND HAS STATED specific reasons for barring
 such transactions [under this paragraph and shall notify each  party  to
 the proposed transaction].
   (III) NOTHING IN THIS SUBDIVISION SHALL BE CONSTRUED AS PERMITTING ANY
 PERSON,  PARTNER,  MEMBER, OR STOCKHOLDER NOT PREVIOUSLY APPROVED BY THE
 PUBLIC HEALTH AND HEALTH PLANNING COUNCIL FOR THAT OPERATOR  TO  OWN  OR
 CONTROL,  DIRECTLY  OR  INDIRECTLY, TEN PERCENT OR MORE OF THE INTEREST,
 STOCK, OR VOTING RIGHTS OF ANY PARTNERSHIP, LIMITED  LIABILITY  COMPANY,
 OR  CORPORATION  WHICH  IS THE OPERATOR OF A LICENSED HOME CARE SERVICES
 AGENCY OR A CERTIFIED HOME HEALTH AGENCY  WITHOUT  FIRST  OBTAINING  THE
 APPROVAL OF THE PUBLIC HEALTH AND HEALTH PLANNING COUNCIL.
   (IV)  IN THE ABSENCE OF APPROVAL BY THE PUBLIC HEALTH AND HEALTH PLAN-
 NING COUNCIL AS REQUIRED UNDER THIS PARAGRAPH, THE  LICENSE  OR  CERTIF-
 ICATE  OF  APPROVAL  OF  SUCH OPERATOR SHALL BE SUBJECT TO REVOCATION OR
 SUSPENSION.  FAILURE TO PROVIDE NOTICE AS REQUIRED UNDER THIS  PARAGRAPH
 MAY  SUBJECT  THE LICENSE OR CERTIFICATE OF APPROVAL OF SUCH OPERATOR TO
 REVOCATION OR SUSPENSION THEREOF.
   2. [Any transfer, assignment or other disposition of  ten  percent  or
 more  of the stock or voting rights thereunder of a corporation which is
 the operator of a licensed home care services agency or a certified home
 health agency, or any transfer, assignment or other disposition  of  the
 stock or voting rights thereunder of such a corporation which results in
 the ownership or control of more than ten percent of the stock or voting
 rights  thereunder of such corporation by any person shall be subject to
 approval by the public health and health planning council in  accordance
 with  the  provisions  of subdivision four of section thirty-six hundred
 five of this article relative to licensure or subdivision two of section
 thirty-six hundred six  of  this  article  relative  to  certificate  of
 approval, except that:
   (a)  Public  health  and  health  planning  council  approval shall be
 required only with respect to the person or entity acquiring such  stock
 or voting rights; and
   (b)  With respect to certified home health agencies, such change shall
 not be subject to the public need assessment described in paragraph  (a)
 of subdivision two of section thirty-six hundred six of this article. In
 the  absence  of  such  approval, the license or certificate of approval
 shall be subject to revocation or suspension.
   (c) No prior approval of the public health and health planning council
 shall be required with respect to a transfer, assignment or  disposition
 S. 4007                            136                           A. 3007

 of an interest or voting rights to any person previously approved by the
 public  health and health planning council, or its predecessor, for that
 operator. However, no such transaction  shall  be  effective  unless  at
 least one hundred twenty days prior to the intended effective date ther-
 eof,  the  partner  or member completes and files with the public health
 and health planning council notice on  forms  to  be  developed  by  the
 public  health  and  health  planning council, which shall disclose such
 information as may reasonably be necessary for  the  public  health  and
 health  planning  council  to determine whether it should bar the trans-
 action. Such transaction will be final as of the intended effective date
 unless, prior thereto, the public health  and  health  planning  council
 shall  state  specific  reasons for barring such transactions under this
 paragraph and shall notify each party to the proposed transaction.
   3.] (a) The commissioner shall charge to applicants for  a  change  in
 operator or owner of a licensed home care services agency or a certified
 home  health  agency  an  application  fee in the amount of two thousand
 dollars.
   (b) The fees paid by certified home health agencies pursuant  to  this
 subdivision for any application approved in accordance with this section
 shall  be  deemed  allowable costs in the determination of reimbursement
 rates established pursuant to this article. All fees  pursuant  to  this
 section  shall  be  payable to the department of health for deposit into
 the special revenue funds - other, miscellaneous special revenue fund  -
 339, certificate of need account.
   §  4.  Paragraph  (b)  of  subdivision 3 of section 4004 of the public
 health law, as amended by section 69 of part A of chapter 58 of the laws
 of 2010, is amended to read as follows:
   (b) Any [change in the person,  principal  stockholder  or]  TRANSFER,
 ASSIGNMENT OR OTHER DISPOSITION, OF AN INTEREST, STOCK, OR VOTING RIGHTS
 IN  A  SOLE  PROPRIETORSHIP,  partnership, LIMITED LIABILITY COMPANY, OR
 CORPORATION which is the operator of a hospice, OR ANY TRANSFER, ASSIGN-
 MENT OR OTHER DISPOSITION WHICH RESULTS IN THE DIRECT OR INDIRECT OWNER-
 SHIP OR CONTROL OF AN INTEREST, STOCK OR VOTING RIGHTS IN THAT OPERATOR,
 shall be approved by the public health and health  planning  council  in
 accordance  with  the  provisions  of  subdivisions  one and two of this
 section[.]; EXCEPT THAT:
   (I) PUBLIC HEALTH  AND  HEALTH  PLANNING  COUNCIL  APPROVAL  SHALL  BE
 REQUIRED ONLY WITH RESPECT TO THE PERSON, PARTNER, MEMBER, OR STOCKHOLD-
 ER THAT IS ACQUIRING THE INTEREST, STOCK, OR VOTING RIGHTS.
   (II)  SUCH  CHANGE  SHALL NOT BE SUBJECT TO THE PUBLIC NEED ASSESSMENT
 DESCRIBED IN PARAGRAPH (A) OF SUBDIVISION TWO OF THIS SECTION.
   (III) NO PRIOR APPROVAL OF THE PUBLIC HEALTH AND HEALTH PLANNING COUN-
 CIL SHALL BE REQUIRED WITH RESPECT TO A TRANSFER, ASSIGNMENT OR DISPOSI-
 TION, DIRECTLY OR INDIRECTLY, OF:
   (A) AN INTEREST, STOCK, OR  VOTING  RIGHTS  TO  ANY  PERSON,  PARTNER,
 MEMBER,  OR  STOCKHOLDER  PREVIOUSLY  APPROVED  BY THE PUBLIC HEALTH AND
 HEALTH PLANNING COUNCIL, OR ITS PREDECESSOR, FOR THAT OPERATOR. HOWEVER,
 NO SUCH TRANSACTION SHALL BE EFFECTIVE UNLESS AT LEAST NINETY DAYS PRIOR
 TO THE INTENDED EFFECTIVE DATE THEREOF, THE OPERATOR COMPLETES AND FILES
 WITH THE PUBLIC HEALTH AND HEALTH PLANNING COUNCIL NOTICE, ON  FORMS  TO
 BE  DEVELOPED  BY  THE  PUBLIC HEALTH AND HEALTH PLANNING COUNCIL, WHICH
 SHALL DISCLOSE SUCH INFORMATION AS MAY REASONABLY BE NECESSARY  FOR  THE
 DEPARTMENT  TO  RECOMMEND  AND FOR THE PUBLIC HEALTH AND HEALTH PLANNING
 COUNCIL TO DETERMINE WHETHER IT SHOULD  BAR  THE  TRANSACTION,  AND  HAS
 FULLY RESPONDED TO ANY REQUEST FOR ADDITIONAL INFORMATION BY THE DEPART-
 MENT  ACTING  ON BEHALF OF THE PUBLIC HEALTH AND HEALTH PLANNING COUNCIL
 S. 4007                            137                           A. 3007
 
 DURING THE REVIEW PERIOD. SUCH TRANSACTION WILL BE FINAL UPON COMPLETION
 OF THE REVIEW PERIOD, WHICH SHALL BE NO LONGER THAN NINETY DAYS FROM THE
 DATE THE DEPARTMENT RECEIVES A COMPLETE RESPONSE TO  ITS  FINAL  REQUEST
 FOR ADDITIONAL INFORMATION, UNLESS, PRIOR THERETO, THE PUBLIC HEALTH AND
 HEALTH  PLANNING  COUNCIL HAS NOTIFIED EACH PARTY TO THE PROPOSED TRANS-
 ACTION THAT IT HAS BARRED SUCH TRANSACTIONS UNDER THIS PARAGRAPH AND HAS
 STATED SPECIFIC REASONS FOR BARRING SUCH TRANSACTIONS; OR
   (B) AN INTEREST, STOCK, OR VOTING RIGHTS OF LESS THAN TEN  PERCENT  IN
 THE  OPERATOR TO ANY PERSON, PARTNER, MEMBER, OR STOCKHOLDER WHO HAS NOT
 BEEN PREVIOUSLY APPROVED BY THE PUBLIC HEALTH AND HEALTH PLANNING  COUN-
 CIL  FOR  THAT OPERATOR. HOWEVER, NO SUCH TRANSACTION SHALL BE EFFECTIVE
 UNLESS AT LEAST NINETY DAYS PRIOR TO THE INTENDED EFFECTIVE DATE  THERE-
 OF,  THE  OPERATOR COMPLETES AND FILES WITH THE PUBLIC HEALTH AND HEALTH
 PLANNING COUNCIL NOTICE ON FORMS TO BE DEVELOPED BY  THE  PUBLIC  HEALTH
 AND  HEALTH  PLANNING  COUNCIL, WHICH SHALL DISCLOSE SUCH INFORMATION AS
 MAY REASONABLY BE NECESSARY FOR THE DEPARTMENT TO RECOMMEND AND FOR  THE
 PUBLIC HEALTH AND HEALTH PLANNING COUNCIL TO DETERMINE WHETHER IT SHOULD
 BAR  THE  TRANSACTION,  AND HAS FULLY RESPONDED TO ANY REQUEST FOR ADDI-
 TIONAL INFORMATION BY THE DEPARTMENT ACTING  ON  BEHALF  OF  THE  PUBLIC
 HEALTH AND HEALTH PLANNING COUNCIL DURING THE REVIEW PERIOD. SUCH TRANS-
 ACTION  WILL  BE FINAL UPON COMPLETION OF THE REVIEW PERIOD, WHICH SHALL
 BE NO LONGER THAN NINETY DAYS FROM THE DATE THE  DEPARTMENT  RECEIVES  A
 COMPLETE  RESPONSE  TO  ITS  FINAL  REQUEST  FOR ADDITIONAL INFORMATION,
 UNLESS, PRIOR THERETO, THE PUBLIC HEALTH AND HEALTH PLANNING COUNCIL HAS
 NOTIFIED EACH PARTY TO THE PROPOSED TRANSACTION THAT IT HAS BARRED  SUCH
 TRANSACTIONS  UNDER  THIS  PARAGRAPH AND HAS STATED SPECIFIC REASONS FOR
 BARRING SUCH TRANSACTIONS.
   (IV) NOTHING IN THIS SUBDIVISION SHALL BE CONSTRUED AS PERMITTING  ANY
 PERSON,  PARTNER,  MEMBER, OR STOCKHOLDER NOT PREVIOUSLY APPROVED BY THE
 PUBLIC HEALTH AND HEALTH PLANNING COUNCIL FOR THAT OPERATOR  TO  OWN  OR
 CONTROL,  DIRECTLY  OR  INDIRECTLY, TEN PERCENT OR MORE OF THE INTEREST,
 STOCK, OR VOTING RIGHTS OF ANY PARTNERSHIP, LIMITED  LIABILITY  COMPANY,
 OR  CORPORATION WHICH IS THE OPERATOR OF A HOSPICE WITHOUT FIRST OBTAIN-
 ING THE APPROVAL OF THE PUBLIC HEALTH AND HEALTH PLANNING COUNCIL.
   (V) IN THE ABSENCE OF APPROVAL BY THE PUBLIC HEALTH AND  HEALTH  PLAN-
 NING  COUNCIL  AS  REQUIRED  UNDER  THIS  PARAGRAPH,  THE CERTIFICATE OF
 APPROVAL OF SUCH OPERATOR SHALL BE SUBJECT TO REVOCATION OR  SUSPENSION.
 FAILURE  TO  PROVIDE NOTICE AS REQUIRED UNDER THIS PARAGRAPH MAY SUBJECT
 THE CERTIFICATE OF APPROVAL OF SUCH OPERATOR TO  REVOCATION  OR  SUSPEN-
 SION.
   §  5. The public health law is amended by adding a new article 45-A to
 read as follows:
                                ARTICLE 45-A
               REVIEW AND OVERSIGHT OF MATERIAL TRANSACTIONS
 SECTION 4550. LEGISLATIVE PURPOSE AND INTENT.
         4551. DEFINITIONS.
         4552. REVIEW AND OVERSIGHT OF MATERIAL TRANSACTIONS.
         4553. NOTICE OF MATERIAL TRANSACTION; REQUIREMENTS.
         4554. MATERIAL TRANSACTION REVIEW.
         4555. PENALTY FOR NONCOMPLIANCE; INJUNCTIVE RELIEF.
         4556. RULES AND REGULATIONS.
         4557. SEPARABILITY.
   § 4550. LEGISLATIVE PURPOSE AND INTENT. WHILE HOSPITALS  REMAIN  VITAL
 TO  THE HEALTH SYSTEM, SERVICES ARE INCREASINGLY BEING DELIVERED THROUGH
 AMBULATORY CARE. THIS SHIFT TO AMBULATORY CARE IS  GIVING  RISE  TO  NEW
 HEALTH CARE DELIVERY STRUCTURES THAT ARE NOT SUBJECT TO THE SAME FACILI-
 S. 4007                            138                           A. 3007
 
 TY LICENSURE AND OVERSIGHT REQUIREMENTS. IN PARTICULAR, THERE HAS BEEN A
 PROLIFERATION  OF  LARGE  PHYSICIAN  PRACTICES BEING MANAGED BY ENTITIES
 THAT ARE INVESTOR-BACKED. AS A GENERAL MATTER, PHYSICIAN  PRACTICES  ARE
 SUBJECT  TO FAR LESS REGULATION AND OVERSIGHT THAN HOSPITALS UNDER ARTI-
 CLE TWENTY-EIGHT OF THIS CHAPTER, HOME CARE AGENCIES UNDER ARTICLE THIR-
 TY-SIX OF THIS CHAPTER, HOSPICE PROVIDERS, OR  PROVIDERS  OF  BEHAVIORAL
 HEALTH  SERVICES  UNDER ARTICLES THIRTY-ONE AND THIRTY-TWO OF THE MENTAL
 HYGIENE LAW, AS WELL AS MANAGED CARE  ORGANIZATIONS  OR  OTHER  INSURERS
 AUTHORIZED  UNDER THIS CHAPTER OR THE INSURANCE LAW. EVEN AS THESE INVE-
 STOR-BACKED ENTITIES INCREASINGLY TAKE ON THE CHARACTERISTICS ASSOCIATED
 WITH DIAGNOSTIC AND TREATMENT CENTERS UNDER ARTICLE TWENTY-EIGHT OF THIS
 CHAPTER OR OTHER LICENSED PROVIDER TYPES, OR MAY ASSUME MORE  RISK  FROM
 MANAGED  CARE  ORGANIZATIONS  AND LICENSED INSURERS, THEY REMAIN UNREGU-
 LATED BY THE STATE OUTSIDE OF THE LICENSURE OF  THE  INDIVIDUAL  PRACTI-
 TIONERS  WHO  PRACTICE  AT THESE SITES AND ENROLLMENT IN MEDICAID. MORE-
 OVER, TRANSACTIONS INVOLVING THE CHANGE OF CONTROL, BY VIRTUE OF A SALE,
 MERGER OR ACQUISITION OF THESE PROVIDERS, ARE NOT SUBJECT TO  ANY  STATE
 CHANGE  OF  OWNERSHIP OR CONTROL REVIEW, SUCH THAT THE STATE IS NOT ABLE
 TO TRACK OR MONITOR THE IMPACT OF THESE TRANSACTIONS ON  COST,  QUALITY,
 ACCESS, EQUITY, AND COMPETITION.
   THIS  PHENOMENON  MAY  HAVE  A NEGATIVE IMPACT ON PATIENT CARE, HEALTH
 CARE COSTS, AND ULTIMATELY ACCESS TO  SERVICES.  THESE  LARGE  INVESTOR-
 BACKED HEALTH CARE ENTITIES SHIFT VOLUME AND BUSINESS AWAY FROM COMMUNI-
 TY  HOSPITALS  AND  THEIR  AMBULATORY CARE NETWORKS AND OTHER SAFETY NET
 PROVIDERS,  UNDERMINING  THEIR  FINANCIAL  SUSTAINABILITY,  WHICH   MUST
 CONTINUE  TO  PROVIDE  ESSENTIAL SERVICES TO THE COMMUNITY. IN ADDITION,
 THE CONCENTRATION OF THESE  INVESTOR-BACKED  PHYSICIAN  PRACTICES  IS  A
 SIGNIFICANT  CONTRIBUTOR  TO  HEALTH CARE COST INFLATION, WHICH HAS ALSO
 GIVEN RISE TO OTHER  LEGISLATION,  INCLUDING  THE  NO  SURPRISE  BILLING
 PROVISIONS IN THE FINANCIAL SERVICES LAW.
   §  4551.  DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE, THE FOLLOWING
 TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   1. "CONTROL" MEANS THE POSSESSION, DIRECT OR INDIRECT, OF THE POWER TO
 DIRECT OR CAUSE THE DIRECTION OF THE MANAGEMENT AND POLICIES OF A HEALTH
 CARE ENTITY, WHETHER THROUGH THE  OWNERSHIP  OF  VOTING  SECURITIES,  BY
 CONTRACT  (EXCEPT  A  COMMERCIAL  CONTRACT  FOR  GOODS OR NON-MANAGEMENT
 SERVICES) OR OTHERWISE; BUT NO PERSON SHALL BE DEEMED TO CONTROL ANOTHER
 PERSON SOLELY BY REASON OF BEING AN OFFICER OR DIRECTOR OF A HEALTH CARE
 ENTITY.  "CONTROL" SHALL BE PRESUMED TO EXIST IF ANY PERSON DIRECTLY  OR
 INDIRECTLY  OWNS,  CONTROLS, OR HOLDS WITH THE POWER TO VOTE TEN PERCENT
 OR MORE OF THE VOTING SECURITIES OF A HEALTH CARE ENTITY.
   2. "HEALTH CARE ENTITY" SHALL INCLUDE BUT NOT BE LIMITED TO  A  PHYSI-
 CIAN  PRACTICE  OR  MANAGEMENT  SERVICES  ORGANIZATION OR SIMILAR ENTITY
 PROVIDING ALL OR SUBSTANTIALLY ALL ADMINISTRATIVE OR MANAGEMENT SERVICES
 UNDER CONTRACT WITH ONE OR MORE PHYSICIAN  PRACTICE,  PROVIDER-SPONSORED
 ORGANIZATION,  HEALTH  INSURANCE  PLAN, OR ANY OTHER KIND OF HEALTH CARE
 FACILITY, ORGANIZATION OR PLAN PROVIDING HEALTH CARE  SERVICES  IN  THIS
 STATE;  PROVIDED, HOWEVER, THAT A "HEALTH CARE ENTITY" SHALL NOT INCLUDE
 AN INSURER DIRECTLY AUTHORIZED TO DO BUSINESS IN THIS STATE, OR A  PHAR-
 MACY  BENEFIT MANAGER REGISTERED OR LICENSED IN THIS STATE. AN "INSURER"
 SHALL NOT INCLUDE NON-INSURANCE SUBSIDIARIES AND AFFILIATED ENTITIES  OF
 INSURANCE COMPANIES REGULATED UNDER THE INSURANCE LAW OR THIS CHAPTER.
   3.  "HEALTH  EQUITY"  SHALL MEAN ACHIEVING THE HIGHEST LEVEL OF HEALTH
 FOR ALL PEOPLE AND SHALL ENTAIL FOCUSED  EFFORTS  TO  ADDRESS  AVOIDABLE
 INEQUALITIES  BY  EQUALIZING  THOSE CONDITIONS FOR HEALTH FOR THOSE THAT
 S. 4007                            139                           A. 3007
 
 HAVE EXPERIENCED INJUSTICES, SOCIOECONOMIC DISADVANTAGES,  AND  SYSTEMIC
 DISADVANTAGES.
   4. "MATERIAL TRANSACTION" SHALL MEAN:
   (A)  ANY OF THE FOLLOWING, OCCURRING DURING A SINGLE TRANSACTION OR IN
 A SERIES OF RELATED TRANSACTIONS, THAT TAKE PLACE WITHIN A  TIME  PERIOD
 AND  MEET  OR  EXCEED  THRESHOLDS,  AS DETERMINED BY THE COMMISSIONER IN
 REGULATION, FOR FACTORS INCLUDING BUT NOT LIMITED TO CHANGES IN REVENUE:
   (I) A MERGER WITH A HEALTH CARE ENTITY;
   (II) AN ACQUISITION OF ONE OR MORE HEALTH CARE ENTITIES, INCLUDING BUT
 NOT LIMITED TO THE ASSIGNMENT, SALE,  OR  OTHER  CONVEYANCE  OF  ASSETS,
 VOTING  SECURITIES,  MEMBERSHIP, OR PARTNERSHIP INTEREST OR THE TRANSFER
 OF CONTROL;
   (III) AN AFFILIATION OR CONTRACT FORMED BETWEEN A HEALTH  CARE  ENTITY
 AND ANOTHER PERSON; OR
   (IV)  THE  FORMATION OF A PARTNERSHIP, JOINT VENTURE, ACCOUNTABLE CARE
 ORGANIZATION, PARENT ORGANIZATION, OR MANAGEMENT  SERVICES  ORGANIZATION
 FOR THE PURPOSE OF ADMINISTERING CONTRACTS WITH HEALTH PLANS, THIRD-PAR-
 TY  ADMINISTRATORS,  PHARMACY BENEFIT MANAGERS, OR HEALTH CARE PROVIDERS
 AS PRESCRIBED BY THE COMMISSIONER BY REGULATION.
   (B) "MATERIAL TRANSACTION" SHALL NOT INCLUDE A CLINICAL AFFILIATION OF
 HEALTH CARE ENTITIES FORMED FOR THE PURPOSE OF COLLABORATING ON CLINICAL
 TRIALS OR GRADUATE MEDICAL EDUCATION PROGRAMS AND SHALL NOT INCLUDE  ANY
 TRANSACTION  THAT  IS  ALREADY  SUBJECT  TO REVIEW UNDER ARTICLE TWENTY-
 EIGHT, THIRTY, THIRTY-SIX, FORTY, FORTY-SIX, FORTY-SIX-A, OR FORTY-SIX-B
 OF THIS CHAPTER.
   § 4552. REVIEW AND OVERSIGHT OF MATERIAL TRANSACTIONS. 1. THE  DEPART-
 MENT  SHALL  HAVE  THE  AUTHORITY  TO REVIEW AND APPROVE MATERIAL TRANS-
 ACTIONS, WHICH MAY BE FURTHER DEFINED BY THE COMMISSIONER IN REGULATION,
 TO ASSESS SUCH TRANSACTIONS' IMPACT ON  COST,  QUALITY,  ACCESS,  HEALTH
 EQUITY AND COMPETITION IN THE HEALTH CARE SERVICE MARKET.
   2. IN ACCORDANCE WITH THIS ARTICLE, AND WITH THE RULES AND REGULATIONS
 PROMULGATED  BY  THE COMMISSIONER PURSUANT TO SECTION FORTY-FIVE HUNDRED
 FIFTY-SIX OF THIS ARTICLE, THE DEPARTMENT SHALL ADOPT CRITERIA  FOR  THE
 CONSIDERATION  OF REQUESTS BY HEALTH CARE ENTITIES TO CONSUMMATE A MATE-
 RIAL TRANSACTION. THE CRITERIA  SHALL  INCLUDE  THE  FACTORS  LISTED  IN
 SUBDIVISION  ONE  OF SECTION FORTY-FIVE HUNDRED FIFTY-FOUR OF THIS ARTI-
 CLE.
   3. NOTHING IN THIS ARTICLE SHALL LIMIT OR RESTRICT  THE  AUTHORITY  OF
 THE SUPERINTENDENT OF FINANCIAL SERVICES UNDER ARTICLE FIFTEEN, SIXTEEN,
 SEVENTEEN,  FORTY-TWO, FORTY-THREE, SEVENTY-ONE, OR SEVENTY-THREE OF THE
 INSURANCE LAW, OR REGULATIONS PROMULGATED THEREUNDER.
   § 4553. NOTICE OF MATERIAL TRANSACTION; REQUIREMENTS. 1. A HEALTH CARE
 ENTITY SHALL NOT CONSUMMATE A  MATERIAL  TRANSACTION  WITHOUT  OBTAINING
 APPROVAL FROM THE DEPARTMENT FOR SUCH MATERIAL TRANSACTION.
   2.  IN  ORDER  TO  OBTAIN  APPROVAL  OF  A MATERIAL TRANSACTION BY THE
 DEPARTMENT, A HEALTH CARE ENTITY SHALL SUBMIT TO THE DEPARTMENT  WRITTEN
 NOTICE AND APPLICATION, WITH SUPPORTING DOCUMENTATION AS DESCRIBED BELOW
 AND  FURTHER  DEFINED  IN  REGULATION,  WHICH THE DEPARTMENT SHALL BE IN
 RECEIPT OF AT LEAST THIRTY DAYS BEFORE THE DESIRED CLOSING DATE  OF  THE
 TRANSACTION,  IN  THE FORM AND MANNER PRESCRIBED BY THE DEPARTMENT. SUCH
 WRITTEN NOTICE SHALL INCLUDE, BUT NOT BE LIMITED TO:
   (A) THE NAMES OF THE PARTIES TO THE PROPOSED MATERIAL TRANSACTION  AND
 THEIR CURRENT ADDRESSES;
   (B)  COPIES  OF  ANY  DEFINITIVE AGREEMENTS GOVERNING THE TERMS OF THE
 MATERIAL TRANSACTION, INCLUDING PRE- AND POST-CLOSING CONDITIONS;
 S. 4007                            140                           A. 3007
 
   (C) IDENTIFICATION OF ALL LOCATIONS WHERE  HEALTH  CARE  SERVICES  ARE
 CURRENTLY  PROVIDED BY EACH PARTY AND THE REVENUE GENERATED IN THE STATE
 FROM SUCH LOCATIONS;
   (D)  ANY PLANS TO REDUCE OR ELIMINATE SERVICES AND/OR PARTICIPATION IN
 SPECIFIC PLAN NETWORKS;
   (E) THE DESIRED CLOSING DATE OF THE PROPOSED MATERIAL TRANSACTION;
   (F) A BRIEF DESCRIPTION OF THE NATURE  AND  PURPOSE  OF  THE  PROPOSED
 MATERIAL  TRANSACTION,  WHICH  WILL  BE  USED TO INFORM THE REVIEW UNDER
 SECTION FORTY-FIVE HUNDRED FIFTY-FOUR OF THIS ARTICLE, INCLUDING:
   (I) THE ANTICIPATED IMPACT OF THE MATERIAL TRANSACTION ON COST, QUALI-
 TY, ACCESS, HEALTH EQUITY, AND  COMPETITION  IN  THE  IMPACTED  MARKETS,
 WHICH MAY BE SUPPORTED BY DATA AND A FORMAL MARKET IMPACT ANALYSIS; AND
   (II)  ANY COMMITMENTS BY THE HEALTH CARE ENTITY TO ADDRESS ANTICIPATED
 IMPACTS; AND
   (G) A NON-REFUNDABLE APPLICATION FEE.
   3. EXCEPT AS PROVIDED IN SUBDIVISION TWO OF SECTION FORTY-FIVE HUNDRED
 FIFTY-FOUR OF THIS ARTICLE, SUPPORTING  DOCUMENTATION  AS  DESCRIBED  IN
 SUBDIVISION TWO OF THIS SECTION SHALL NOT BE SUBJECT TO DISCLOSURE UNDER
 ARTICLE SIX OF THE PUBLIC OFFICERS LAW.
   §  4554.  MATERIAL  TRANSACTION  REVIEW. 1. WHEN REVIEWING A POTENTIAL
 MATERIAL TRANSACTION, THE DEPARTMENT MAY CONSIDER THE FOLLOWING:
   (A) WHETHER THE PARTIES TO THE TRANSACTION CAN  DEMONSTRATE  THAT  THE
 POTENTIAL  POSITIVE  IMPACTS  OF  THE  MATERIAL TRANSACTION OUTWEIGH THE
 POTENTIAL NEGATIVE IMPACTS RELATED TO FACTORS SUCH AS:
   (I) PATIENT COSTS;
   (II) ACCESS TO SERVICES;
   (III) HEALTH EQUITY; AND
   (IV) HEALTH OUTCOMES;
   (B)   WHETHER THERE IS A  SUBSTANTIAL  LIKELIHOOD  OF  ANTICOMPETITIVE
 EFFECTS  FROM  THE  TRANSACTION THAT OUTWEIGH THE BENEFITS OF THE TRANS-
 ACTION INCLUDING BY INCREASING OR MAINTAINING  SERVICES  TO  UNDERSERVED
 POPULATIONS  OR  STABILIZING  THE  OPERATIONS  OF  THE EXISTING DELIVERY
 SYSTEM;
   (C) THE FINANCIAL CONDITION OF THE PARTIES TO THE TRANSACTION;
   (D) THE CHARACTER AND COMPETENCE OF THE PARTIES  OR  ANY  OFFICERS  OR
 DIRECTORS THEREOF;
   (E) THE SOURCE OF THE FUNDS OR ASSETS FOR THE TRANSACTION;
   (F)  THE  FAIRNESS  OF  ANY EXCHANGE OF SHARES, ASSETS, CASH, OR OTHER
 CONSIDERATION FOR THE SHARES OR ASSETS TO BE RECEIVED; AND
   (G) ANY OTHER RELEVANT INFORMATION NECESSARY TO DETERMINE  THE  IMPACT
 OF THE MATERIAL TRANSACTION.
   2.  IF  THE DEPARTMENT DOES NOT ACT ON THE APPLICATION AS DESCRIBED IN
 SUBDIVISIONS THREE AND FOUR  OF  THIS  SECTION  WITHIN  THIRTY  DAYS  OF
 RECEIPT  OF  WRITTEN  NOTICE AND APPLICATION AS DESCRIBED IN SUBDIVISION
 TWO OF SECTION FORTY-FIVE HUNDRED FIFTY-THREE OF THIS ARTICLE, THEN  THE
 TRANSACTION SHALL BE DEEMED APPROVED. DURING SUCH THIRTY-DAY PERIOD, THE
 DEPARTMENT  SHALL POST IN A MANNER DETERMINED BY THE DEPARTMENT IN REGU-
 LATION FOR PUBLIC NOTICE AND PUBLIC COMMENT WHICH  MAY  HELP  TO  INFORM
 WHETHER  THE  DEPARTMENT  TAKES  FURTHER  ACTIONS  AS DETERMINED BY THIS
 SECTION. AT A MINIMUM, THE PUBLIC NOTICE SHALL INCLUDE:
   (A) A SUMMARY OF THE PROPOSED TRANSACTION;
   (B) AN EXPLANATION OF THE GROUPS OR INDIVIDUALS LIKELY TO BE  IMPACTED
 BY THE TRANSACTION;
   (C)  INFORMATION  ABOUT SERVICES CURRENTLY PROVIDED BY THE HEALTH CARE
 ENTITY, COMMITMENTS BY THE HEALTH CARE ENTITY TO CONTINUE SUCH  SERVICES
 AND ANY SERVICES THAT WILL BE REDUCED OR ELIMINATED; AND
 S. 4007                            141                           A. 3007
 
   (D)  DETAILS ABOUT HOW TO SUBMIT COMMENTS, IN A FORMAT THAT IS EASY TO
 FIND AND EASY TO READ.
   3.  THE  DEPARTMENT SHALL NOTIFY THE PARTIES TO THE TRANSACTION WITHIN
 THIRTY DAYS OF RECEIPT OF WRITTEN NOTICE AND APPLICATION AS DESCRIBED IN
 SUBDIVISION TWO OF SECTION FORTY-FIVE HUNDRED FIFTY-THREE OF THIS  ARTI-
 CLE  THAT  IT IS WITHHOLDING APPROVAL OF THE TRANSACTION IF NECESSARY TO
 CONDUCT A THOROUGH EXAMINATION AND  COMPLETE  ANALYSIS  OF  WHETHER  THE
 TRANSACTION  IS  CONSISTENT  WITH  THE  CRITERIA ESTABLISHED PURSUANT TO
 SUBDIVISION FOUR OF SECTION FORTY-FIVE HUNDRED FIFTY-TWO OF  THIS  ARTI-
 CLE, INCLUDING THE FACTORS LISTED IN SUBDIVISION ONE OF THIS SECTION.
   (A)  THE  DEPARTMENT  MAY REQUEST ADDITIONAL INFORMATION FROM A HEALTH
 CARE ENTITY THAT IS A PARTY TO THE MATERIAL TRANSACTION AND SUCH  ENTITY
 SHALL  PROMPTLY REPLY USING THE FORM OF COMMUNICATION REQUESTED AND SUCH
 REPLY SHALL BE AFFIRMED AS TRUE AND ACCURATE UNDER PENALTY OF PERJURY BY
 AN OFFICER OF THE ENTITY, IF REQUIRED.
   (B) A HEALTH CARE ENTITY SHALL NOT  REFUSE  TO  PROVIDE  DOCUMENTS  OR
 OTHER INFORMATION REQUESTED PURSUANT TO THIS ARTICLE ON THE GROUNDS THAT
 SUCH INFORMATION IS PRIVILEGED OR CONFIDENTIAL.
   (C)  THE DEPARTMENT MAY RETAIN ACTUARIES, ACCOUNTANTS OR OTHER PROFES-
 SIONALS INDEPENDENT OF THE DEPARTMENT AS NECESSARY TO ASSIST IN CONDUCT-
 ING ITS ANALYSIS OF A  PROPOSED  MATERIAL  TRANSACTION.  THE  DEPARTMENT
 SHALL  DESIGNATE  THE  PARTY OR PARTIES TO THE MATERIAL TRANSACTION THAT
 SHALL BEAR THE COST OF RETAINING SUCH PROFESSIONALS.
   (D)  THE DEPARTMENT MAY TAKE OTHER ACTIONS TO SEEK  PUBLIC  INPUT  AND
 OTHERWISE  ENGAGE  THE  PUBLIC  BEFORE  MAKING  A  DETERMINATION  ON THE
 PROPOSED MATERIAL TRANSACTION.
   4. (A) UNLESS THE MATERIAL TRANSACTION IS APPROVED PURSUANT TO  SUBDI-
 VISION  TWO  OF  THIS  SECTION, THE DEPARTMENT SHALL ISSUE A FINAL ORDER
 REGARDING THE MATERIAL TRANSACTION.
   (B) IF THE DEPARTMENT DISAPPROVES THE MATERIAL TRANSACTION OR APPROVES
 THE MATERIAL TRANSACTION SUBJECT TO CONDITIONS, THE DEPARTMENT MAY NOTI-
 FY THE ATTORNEY GENERAL OF THE DEPARTMENT'S  FINDINGS  AND  ANALYSIS  SO
 THAT  THE ATTORNEY GENERAL MAY, IF APPROPRIATE, CONDUCT AN INVESTIGATION
 INTO WHETHER THE HEALTH CARE ENTITIES HAVE ENGAGED IN UNFAIR COMPETITION
 OR ANTICOMPETITIVE BEHAVIOR AND, IF NECESSARY,  TAKE  STEPS  TO  PROTECT
 CONSUMERS IN THE HEALTH CARE SERVICES MARKET.
   (C)  PURSUANT  TO  THIS  SUBDIVISION,  THE  DEPARTMENT  SHALL HAVE THE
 AUTHORITY TO REQUIRE UNDERTAKINGS AS A CONDITION OF APPROVING A MATERIAL
 TRANSACTION, INCLUDING BUT NOT LIMITED TO, INVESTMENTS IN  THE  COMMUNI-
 TIES AFFECTED BY SUCH MATERIAL TRANSACTION, COMPETITION PROTECTIONS, AND
 CONTRIBUTIONS  TO  STATE-CONTROLLED  FUNDS,  INCLUDING  THE  HEALTH CARE
 TRANSFORMATION FUND PURSUANT  TO  SECTION  NINETY-TWO-HH  OF  THE  STATE
 FINANCE  LAW,  TO PRESERVE ACCESS OR TO OTHERWISE MITIGATE THE IMPACT OF
 THE MATERIAL TRANSACTION ON THE HEALTH CARE DELIVERY SYSTEM.
   5. A HEALTH CARE ENTITY THAT IS A PARTY TO AN APPROVED MATERIAL TRANS-
 ACTION SHALL NOTIFY THE DEPARTMENT UPON CLOSING OF  THE  TRANSACTION  IN
 THE FORM AND MANNER PRESCRIBED BY THE DEPARTMENT.
   § 4555. PENALTY FOR NONCOMPLIANCE; INJUNCTIVE RELIEF.  1.  THE DEPART-
 MENT  MAY  IMPOSE  A  CIVIL  PENALTY  IN AN AMOUNT OF UP TO TEN THOUSAND
 DOLLARS PER DAY FOR ANY VIOLATION OF THIS ARTICLE. ALL FEES, FINES,  AND
 PENALTIES  DERIVED  FROM  THE OPERATION OF THIS ARTICLE SHALL BE PAID TO
 THE DEPARTMENT AND SHALL BE DEPOSITED IN THE HEALTH CARE  TRANSFORMATION
 FUND  ESTABLISHED PURSUANT TO SECTION NINETY-TWO-HH OF THE STATE FINANCE
 LAW.
   2. THE ATTORNEY GENERAL MAY APPLY TO  THE  SUPREME  COURT  WITHIN  THE
 JUDICIAL  DISTRICT  IN  WHICH  A VIOLATION OF THIS ARTICLE IS ALLEGED TO
 S. 4007                            142                           A. 3007

 HAVE OCCURRED FOR  AN  ORDER  ENJOINING  OR  RESTRAINING  COMMISSION  OR
 CONTINUANCE  OF  THE  ACTS COMPLAINED OF. THEREUPON THE COURT SHALL HAVE
 JURISDICTION OF THE PROCEEDING AND SHALL HAVE POWER TO GRANT SUCH TEMPO-
 RARY  RELIEF  OR  RESTRAINING ORDER AS IT DEEMS JUST AND PROPER.  IN ANY
 SUCH PROCEEDING IT SHALL BE UNNECESSARY  TO  ALLEGE  OR  PROVE  THAT  AN
 ADEQUATE  REMEDY  AT LAW DOES NOT EXIST OR THAT IRREPARABLE DAMAGE WOULD
 RESULT IF SUCH ORDER WERE NOT  GRANTED.  THE  REMEDY  PROVIDED  BY  THIS
 SECTION SHALL BE IN ADDITION TO ANY OTHER REMEDY PROVIDED BY LAW.
   §  4556.  RULES  AND REGULATIONS. THE DEPARTMENT, IN CONSULTATION WITH
 THE DEPARTMENT OF FINANCIAL SERVICES, MAY  PROMULGATE  RULES  AND  REGU-
 LATIONS TO IMPLEMENT THE PROVISIONS OF THIS ARTICLE.
   § 4557. SEPARABILITY. IF ANY CLAUSE, SENTENCE, PARAGRAPH, SUBDIVISION,
 SECTION OR PART OF THIS ARTICLE SHALL BE ADJUDGED BY ANY COURT OF COMPE-
 TENT  JURISDICTION TO BE INVALID, THE JUDGMENT SHALL NOT AFFECT, IMPAIR,
 OR INVALIDATE THE REMAINDER THEREOF, BUT SHALL BE CONFINED IN ITS OPERA-
 TION TO THE CLAUSE, SENTENCE, PARAGRAPH, SUBDIVISION,  SECTION  OR  PART
 THEREOF DIRECTLY INVOLVED IN THE CONTROVERSY IN WHICH THE JUDGMENT SHALL
 HAVE BEEN RENDERED.
    §  6.  Paragraph  (b)  of subdivision 7 of section 2802 of the public
 health law, as amended by section 87 of part C of chapter 58 of the laws
 of 2009, is amended to read as follows:
   (b) At such  time  as  the  commissioner's  written  approval  of  the
 construction  is  granted,  each applicant shall pay the following addi-
 tional fee:
   (i) for hospital, nursing home and  diagnostic  and  treatment  center
 applications  that  require  approval by the council, the additional fee
 shall be [fifty-five] SIXTY hundredths of one percent of the total capi-
 tal value of the application, provided  however  that  applications  for
 construction of a safety net diagnostic and treatment center, as defined
 in  paragraph (c) of subdivision sixteen of section twenty-eight hundred
 one-a of  this  article,  shall  be  subject  to  a  fee  of  forty-five
 hundredths of one percent of the total capital value of the application;
 and
   (ii)  for  hospital,  nursing home and diagnostic and treatment center
 applications that do not require approval by the council, the additional
 fee shall be [thirty] THIRTY-FIVE hundredths of one percent of the total
 capital value of the application, provided however that safety net diag-
 nostic and treatment center applications, as defined in paragraph (c) of
 subdivision sixteen of section twenty-eight hundred one-a of this  arti-
 cle,  shall be subject to a fee of twenty-five hundredths of one percent
 of the total capital value of the application.
   § 7. Section 3605 of the public health law is amended  by  adding  two
 new subdivisions 1-a and 1-b to read as follows:
   1-A.  CORE  PUBLIC  HEALTH SERVICES, AS DEFINED IN SECTION SIX HUNDRED
 TWO OF THIS CHAPTER, WHEN PROVIDED IN  THE  HOME  BY  THE  LOCAL  HEALTH
 DEPARTMENT  OF  A  COUNTY  OR OF THE CITY OF NEW YORK, SHALL NOT REQUIRE
 LICENSURE UNDER THIS SECTION, PROVIDED  THAT  SUCH  SERVICES  SHALL  NOT
 INCLUDE:  HOME  HEALTH AIDE SERVICES; PERSONAL CARE SERVICES; OR NURSING
 SERVICES THAT  REQUIRE  MORE  THAN  MINIMAL  PATIENT  CONTACT.  FOR  THE
 PURPOSES   OF  THIS  SUBDIVISION  THE  TERM  "MINIMAL  PATIENT  CONTACT"
 INCLUDES, BUT IS NOT LIMITED TO, PROVIDING ASSESSMENTS  OF  NEW  MOTHERS
 AND  INFANTS,  DIRECT  OBSERVATION,  AND LEAD SCREENING. PATIENT CONTACT
 SHALL BE CONSIDERED MORE THAN MINIMAL  IF  IT  REQUIRES  MORE  THAN  SIX
 PATIENT VISITS. CORE PUBLIC HEALTH SERVICES THAT MAY BE PROVIDED WITHOUT
 A  LICENSE  PURSUANT TO THIS SUBDIVISION INCLUDE BUT ARE NOT LIMITED TO:
 IMMUNIZATIONS; TESTING FOR TUBERCULOSIS AND OBSERVATION OF  TUBERCULOSIS
 S. 4007                            143                           A. 3007
 
 SELF-DIRECTED   THERAPY;  VERBAL  ASSESSMENT,  COUNSELING  AND  REFERRAL
 SERVICES; AND SUCH OTHER SERVICES AS MAY BE DETERMINED  BY  THE  DEPART-
 MENT.
   1-B.  CORE  PUBLIC  HEALTH SERVICES, AS DEFINED IN SECTION SIX HUNDRED
 TWO OF THIS CHAPTER, WHEN PROVIDED BY LOCAL HEALTH  DEPARTMENTS  IN  THE
 HOME  AS  AUTHORIZED  UNDER  SUBDIVISION  ONE-A  OF THIS SECTION, MAY BE
 ELIGIBLE FOR REIMBURSEMENT UNDER TITLE XIX OF THE FEDERAL SOCIAL SECURI-
 TY ACT PROVIDED THAT  THE  SERVICES  PROVIDED  MEET  FEDERAL  AND  STATE
 REQUIREMENTS FOR SUCH REIMBURSEMENT.
   §  8.  Subdivision  2  of  section  3611  of the public health law, as
 amended by section 66 of part A of chapter 58 of the laws  of  2010,  is
 amended to read as follows:
   2. The public health and health planning council shall not act upon an
 application  for  licensure  or a certificate of approval for any agency
 referred to in subdivision one of this section unless it is satisfied as
 to the character, competence  and  standing  in  the  community  of  the
 proposed  incorporators, directors, sponsors, controlling persons, prin-
 cipal stockholders of the parent corporation, health related  subsidiary
 corporation  and  the New York state corporation established pursuant to
 paragraph (a) of subdivision one  of  this  section.    STOCKHOLDERS  OR
 MEMBERS  OF THIRD LEVEL OR HIGHER ENTITIES THAT WILL EXERCISE NO CONTROL
 OF THE AGENCY FUNCTIONS SHALL  NOT  BE  CONSIDERED  CONTROLLING  PERSONS
 SUBJECT  TO  CHARACTER  AND COMPETENCY REVIEW PROVIDED THAT AN AFFIDAVIT
 STATING THAT SUCH INDIVIDUALS WILL EXERCISE NO CONTROL OVER  THE  AGENCY
 FUNCTIONS IS SIGNED BY SUCH INDIVIDUALS AND SUBMITTED TO THE DEPARTMENT.
 For  the  purposes of this section the public health and health planning
 council may adopt rules and regulations  relative  to  what  constitutes
 parent and subsidiary corporations.
   §  9.  This  act shall take effect immediately; provided, however that
 section five of this act shall take effect on the ninetieth day after it
 shall have become a law and shall apply  to  material  transactions,  as
 defined  by  section  4551  of the public health law as added by section
 five of this act, closing on or after April  1,  2024.  Effective  imme-
 diately, the addition, amendment and/or repeal of any rule or regulation
 necessary  for  the implementation of this act on its effective date are
 authorized to be made and completed on or before such effective date.
 
                                  PART N
 
   Section 1. Section 366 of the social services law is amended by adding
 a new subdivision 16 to read as follows:
   16. (A) THE COMMISSIONER OF HEALTH IS AUTHORIZED TO SUBMIT THE  APPRO-
 PRIATE  WAIVERS AND/OR ANY OTHER REQUIRED REQUESTS FOR FEDERAL APPROVAL,
 INCLUDING BUT NOT LIMITED TO, THOSE AUTHORIZED IN SECTION ELEVEN HUNDRED
 FIFTEEN OF THE FEDERAL  SOCIAL  SECURITY  ACT,  IN  ORDER  TO  ESTABLISH
 EXPANDED  MEDICAL  ASSISTANCE  ELIGIBILITY FOR WORKING DISABLED INDIVID-
 UALS. SUCH WAIVER APPLICATIONS SHALL BE EXECUTED CONSISTENT  WITH  PARA-
 GRAPHS  (B),  (C),  (D) AND (E) OF THIS SUBDIVISION, TO THE EXTENT THOSE
 SECTIONS COMPLY WITH THE REQUIREMENTS OF SECTION ELEVEN HUNDRED  FIFTEEN
 OF  THE FEDERAL SOCIAL SECURITY ACT.  NOTWITHSTANDING SUBPARAGRAPHS FIVE
 AND SIX OF PARAGRAPH (C) OF SUBDIVISION ONE OF THIS SECTION AND SUBDIVI-
 SION TWELVE OF SECTION THREE HUNDRED SIXTY-SEVEN-A OF THIS TITLE, OR ANY
 OTHER PROVISION OF LAW TO THE CONTRARY,  IF  GRANTED  SUCH  WAIVER,  THE
 COMMISSIONER OF HEALTH MAY AUTHORIZE ELIGIBLE PERSONS TO RECEIVE MEDICAL
 ASSISTANCE  PURSUANT TO THE WAIVER IF, FOR SO LONG AS, AND TO THE EXTENT
 THAT, FINANCIAL PARTICIPATION IS AVAILABLE THEREFOR. THE WAIVER APPLICA-
 S. 4007                            144                           A. 3007

 TION SHALL PROVIDE FOR THIRTY THOUSAND PERSONS TO BE ELIGIBLE TO PARTIC-
 IPATE IN SUCH WAIVER.
   (B) INDIVIDUALS ELIGIBLE FOR PARTICIPATION IN SUCH WAIVER SHALL:
   (I) BE A DISABLED INDIVIDUAL, DEFINED AS HAVING A MEDICALLY DETERMINA-
 BLE  IMPAIRMENT OF SUFFICIENT SEVERITY AND DURATION TO QUALIFY FOR BENE-
 FITS UNDER TITLES II OR XVI OF THE SOCIAL SECURITY ACT;
   (II) BE AT LEAST SIXTEEN YEARS OF AGE;
   (III) BE OTHERWISE ELIGIBLE FOR MEDICAL ASSISTANCE BENEFITS,  BUT  FOR
 EARNINGS AND/OR RESOURCES IN EXCESS OF THE ALLOWABLE LIMIT;
   (IV) HAVE NET AVAILABLE INCOME, DETERMINED IN ACCORDANCE WITH SUBDIVI-
 SION  TWO OF THIS SECTION, THAT DOES NOT EXCEED TWO THOUSAND TWO HUNDRED
 FIFTY PERCENT OF THE APPLICABLE FEDERAL POVERTY  LINE,  AS  DEFINED  AND
 UPDATED BY THE UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES;
   (V)  HAVE RESOURCES, AS DEFINED IN PARAGRAPH (E) OF SUBDIVISION TWO OF
 SECTION THREE HUNDRED SIXTY-SIX-C OF THIS TITLE, OTHER  THAN  RETIREMENT
 ACCOUNTS, THAT DO NOT EXCEED THREE HUNDRED THOUSAND DOLLARS;
   (VI) CONTRIBUTE TO THE COST OF MEDICAL ASSISTANCE PROVIDED PURSUANT TO
 THIS PARAGRAPH IN ACCORDANCE WITH PARAGRAPH (D) OF THIS SUBDIVISION; AND
   (VII)  MEET  SUCH  OTHER CRITERIA AS MAY BE ESTABLISHED BY THE COMMIS-
 SIONER AS MAY BE NECESSARY TO ADMINISTER THE PROVISIONS OF THIS SUBDIVI-
 SION IN AN EQUITABLE MANNER.
   (C) AN INDIVIDUAL AT LEAST SIXTEEN YEARS  OF  AGE  WHO:  IS  EMPLOYED;
 CEASES TO BE ELIGIBLE FOR PARTICIPATION IN SUCH WAIVER PURSUANT TO PARA-
 GRAPH  (B)  OF THIS SUBDIVISION BECAUSE THE PERSON, BY REASON OF MEDICAL
 IMPROVEMENT, IS DETERMINED AT THE TIME OF A REGULARLY SCHEDULED CONTINU-
 ING DISABILITY REVIEW TO NO LONGER BE CERTIFIED AS  DISABLED  UNDER  THE
 SOCIAL  SECURITY  ACT; CONTINUES TO HAVE A SEVERE MEDICALLY DETERMINABLE
 IMPAIRMENT, TO BE DETERMINED IN ACCORDANCE WITH APPLICABLE FEDERAL REGU-
 LATIONS; AND CONTRIBUTES TO THE  COST  OF  MEDICAL  ASSISTANCE  PROVIDED
 PURSUANT  TO  THIS  PARAGRAPH  IN  ACCORDANCE WITH PARAGRAPH (D) OF THIS
 SUBDIVISION, SHALL BE ELIGIBLE FOR PARTICIPATION  IN  SUCH  WAIVER.  FOR
 PURPOSES OF THIS PARAGRAPH, A PERSON IS CONSIDERED TO BE EMPLOYED IF THE
 PERSON IS EARNING AT LEAST THE APPLICABLE MINIMUM WAGE UNDER SECTION SIX
 OF THE FEDERAL FAIR LABOR STANDARDS ACT AND WORKING AT LEAST FORTY HOURS
 PER MONTH.
   (D)  PRIOR  TO RECEIVING MEDICAL ASSISTANCE PURSUANT TO SUCH WAIVER, A
 PERSON WHOSE NET AVAILABLE INCOME  IS  GREATER  THAN  OR  EQUAL  TO  TWO
 HUNDRED FIFTY PERCENT OF THE APPLICABLE FEDERAL POVERTY LINE SHALL PAY A
 MONTHLY PREMIUM, IN ACCORDANCE WITH A PROCEDURE TO BE ESTABLISHED BY THE
 COMMISSIONER.  THE  AMOUNT OF SUCH PREMIUM FOR A PERSON WHOSE NET AVAIL-
 ABLE INCOME IS GREATER THAN OR EQUAL TO TWO HUNDRED FIFTY PERCENT OF THE
 APPLICABLE FEDERAL POVERTY LINE, BUT LESS THAN THREE HUNDRED PERCENT  OF
 THE  APPLICABLE  FEDERAL  POVERTY LINE SHALL BE THREE HUNDRED AND FORTY-
 SEVEN DOLLARS. THE AMOUNT OF SUCH PREMIUM FOR A PERSON WHOSE NET  AVAIL-
 ABLE  INCOME  IS  GREATER  THAN OR EQUAL TO THREE HUNDRED PERCENT OF THE
 APPLICABLE FEDERAL POVERTY LINE, BUT LESS THAN FOUR HUNDRED  PERCENT  OF
 THE  APPLICABLE  FEDERAL  POVERTY  LINE  SHALL  BE FIVE HUNDRED EIGHTEEN
 DOLLARS. THE AMOUNT OF SUCH PREMIUM FOR A  PERSON  WHOSE  NET  AVAILABLE
 INCOME  IS GREATER THAN OR EQUAL TO FOUR HUNDRED PERCENT OF THE APPLICA-
 BLE FEDERAL POVERTY LINE, BUT LESS THAN  FIVE  HUNDRED  PERCENT  OF  THE
 APPLICABLE  FEDERAL POVERTY LINE SHALL BE SEVEN HUNDRED AND SEVENTY-NINE
 DOLLARS. THE AMOUNT OF SUCH PREMIUM FOR A  PERSON  WHOSE  NET  AVAILABLE
 INCOME  IS EQUAL TO OR GREATER THAN FIVE HUNDRED PERCENT OF THE APPLICA-
 BLE FEDERAL POVERTY LINE SHALL BE ONE THOUSAND FOUR HUNDRED  AND  FORTY-
 EIGHT  DOLLARS.  NO  PREMIUM  SHALL  BE REQUIRED FROM A PERSON WHOSE NET
 S. 4007                            145                           A. 3007
 
 AVAILABLE INCOME IS LESS THAN TWO HUNDRED FIFTY PERCENT OF THE  APPLICA-
 BLE FEDERAL POVERTY LINE.
   (E)  NOTWITHSTANDING  ANY OTHER PROVISION OF THIS SECTION OR ANY OTHER
 LAW TO THE CONTRARY, FOR  PURPOSES  OF  DETERMINING  MEDICAL  ASSISTANCE
 ELIGIBILITY FOR PERSONS SPECIFIED IN PARAGRAPH (B) OR (C) OF THIS SUBDI-
 VISION,  THE  INCOME AND RESOURCES OF RESPONSIBLE RELATIVES SHALL NOT BE
 DEEMED AVAILABLE FOR AS LONG AS THE PERSON MEETS THE CRITERIA  SPECIFIED
 IN THIS SUBDIVISION.
   § 2. This act shall take effect on January 1, 2025.
 
                                  PART O
 
   Section 1. Subdivisions 1, 15, 16, 17 and 18 of section 1399-aa of the
 public health law, subdivision 1 as amended by chapter 13 of the laws of
 2003, subdivisions 15, 16, 17 and 18 as added by section 2 of part EE of
 chapter  56 of the laws of 2020, are amended and two new subdivisions 19
 and 20 are added to read as follows:
   1. "Enforcement officer"  means  the  enforcement  officer  designated
 pursuant  to  article thirteen-E of this chapter to enforce such article
 and hold hearings pursuant thereto; provided that in a city with a popu-
 lation of more than one million it shall also mean an officer or employ-
 ee or any agency of such city that is authorized to  enforce  any  local
 law  of  such  city related to the regulation of the sale of CIGARETTES,
 tobacco products, OR VAPOR PRODUCTS to minors.
   15. "Listed or non-discounted price" means the price listed for  ciga-
 rettes,  tobacco  products,  or  vapor  products [intended or reasonably
 expected to be used with or for the consumption of nicotine,]  on  their
 packages or any related shelving, posting, advertising or display at the
 location  where  the  cigarettes,  tobacco  products,  or vapor products
 [intended or reasonably expected to be used with or for the  consumption
 of  nicotine,]  are  sold  or offered for sale, including all applicable
 taxes.
   16. "Retail dealer" means a person licensed  by  the  commissioner  of
 taxation  and  finance  to  sell  cigarettes, tobacco products, or vapor
 products [in this state], OR A PERSON OR  BUSINESS  REQUIRED  TO  OBTAIN
 SUCH LICENSE.
   17.  "Vapor  products" means any noncombustible liquid or gel, regard-
 less of the presence of nicotine therein, that is  manufactured  into  a
 finished  product  for  use  in an electronic [cigarette, including any]
 device THAT DELIVERS VAPOR  WHICH  IS  INHALED,  INCLUDING  ANY  REFILL,
 CARTRIDGE,  DEVICE  OR COMPONENT THEREOF that contains OR IS INTENDED TO
 BE USED WITH such noncombustible liquid or gel.  "Vapor  product"  shall
 not  include any device, or any component thereof, that does not contain
 such noncombustible liquid or gel, or any product approved by the United
 States [food and drug administration] FOOD AND DRUG ADMINISTRATION as  a
 drug or medical device, or manufactured and dispensed pursuant to [title
 five-A  of  article thirty-three of this chapter] ARTICLE THREE, FOUR OR
 FIVE OF THE CANNABIS LAW.
   18. "Vapor products dealer" means a person licensed by the commission-
 er of taxation and finance to sell vapor products [in this state], OR  A
 PERSON OR BUSINESS REQUIRED TO OBTAIN SUCH LICENSE.
   19.  "TOBACCO  OR  VAPOR  SELLER" MEANS A PERSON, SOLE PROPRIETORSHIP,
 CORPORATION, LIMITED LIABILITY COMPANY, PARTNERSHIP OR OTHER  ENTERPRISE
 THAT MANUFACTURES, DISTRIBUTES, SELLS OR OFFERS TO SELL, WHETHER THROUGH
 RETAIL OR WHOLESALE, OR EXCHANGES OR OFFERS TO EXCHANGE, FOR ANY FORM OF
 CONSIDERATION,  CIGARETTES,  TOBACCO  PRODUCTS,  OR VAPOR PRODUCTS. THIS
 S. 4007                            146                           A. 3007
 
 DEFINITION IS WITHOUT REGARD TO  THE  QUANTITY  OF  CIGARETTES,  TOBACCO
 PRODUCTS, OR VAPOR PRODUCTS MANUFACTURED, DISTRIBUTED, SOLD, OFFERED FOR
 SALE, EXCHANGED, OR OFFERED FOR EXCHANGE.
   20.  "SMOKING PARAPHERNALIA" MEANS ANY PIPE, WATER PIPE, HOOKAH, ROLL-
 ING PAPERS, VAPORIZER  OR  ANY  OTHER  DEVICE,  EQUIPMENT  OR  APPARATUS
 DESIGNED FOR THE INHALATION OF TOBACCO.
   §  2.    Subdivisions  1, 1-a, 2, 3, 4 and 5 of section 1399-bb of the
 public health law, subdivisions 1, 2, 3, 4 and 5 as amended and subdivi-
 sion 1-a as added by section 4 of part EE of chapter 56 of the  laws  of
 2020, are amended to read as follows:
   1.  No  retail  dealer,  or  any  agent  or employee of [a] ANY retail
 dealer, engaged in the business of  selling  or  otherwise  distributing
 tobacco  products, vapor products [intended or reasonably expected to be
 used with or for the consumption of nicotine], or herbal cigarettes  for
 commercial purposes[, or any agent or employee of such retail dealer, or
 any  agent or employee of a retail dealer], shall knowingly, in further-
 ance of such business:
   (a) distribute without charge any  tobacco  products,  vapor  products
 [intended  or reasonably expected to be used with or for the consumption
 of nicotine], or herbal cigarettes to any individual, provided that  the
 distribution  of  a  package containing tobacco products, vapor products
 [intended or reasonably expected to be used with or for the  consumption
 of  nicotine],  or  herbal  cigarettes  in violation of this subdivision
 shall constitute a single violation without  regard  to  the  number  of
 items in the package; or
   (b)  distribute  price  reduction instruments which are redeemable for
 tobacco products, vapor products [intended or reasonably expected to  be
 used  with  or for the consumption of nicotine], or herbal cigarettes to
 any individual, provided  that  this  subdivision  shall  not  apply  to
 coupons  contained  in  newspapers, magazines or other types of publica-
 tions, coupons obtained through the purchase of tobacco products,  vapor
 products  [intended  or  reasonably  expected to be used with or for the
 consumption of nicotine], or herbal cigarettes or obtained at  locations
 which  sell  tobacco  products,  vapor  products [intended or reasonably
 expected to be used with or for the consumption of nicotine], or  herbal
 cigarettes  provided  that such distribution is confined to a designated
 area or to coupons sent through the mail.
   1-a. No retail dealer engaged in the business of selling or  otherwise
 distributing  tobacco  products,  herbal  cigarettes,  or vapor products
 [intended or reasonably expected to be used with or for the  consumption
 of  nicotine]  for commercial purposes, or any agent or employee of such
 retail dealer, shall knowingly, in furtherance of such business:
   (a) honor or accept a price reduction instrument  in  any  transaction
 related  to  the  sale  of tobacco products, herbal cigarettes, or vapor
 products [intended or reasonably expected to be used  with  or  for  the
 consumption of nicotine] to a consumer;
   (b) sell or offer for sale any tobacco products, herbal cigarettes, or
 vapor  products  [intended or reasonably expected to be used with or for
 the consumption of nicotine] to a  consumer  through  any  multi-package
 discount or otherwise provide to a consumer any tobacco products, herbal
 cigarettes,  or  vapor  products  [intended or reasonably expected to be
 used with or for the consumption of nicotine] for less than  the  listed
 price  or non-discounted price in exchange for the purchase of any other
 tobacco products, herbal cigarettes,  or  vapor  products  [intended  or
 reasonably  expected to be used with or for the consumption of nicotine]
 by such consumer;
 S. 4007                            147                           A. 3007
 
   (c) sell, offer for sale, or otherwise provide any product other  than
 a  tobacco  product,  herbal  cigarette,  or  vapor product [intended or
 reasonably expected to be used with or for the consumption of  nicotine]
 to  a consumer for less than the listed price or non-discounted price in
 exchange  for  the  purchase  of a tobacco product, herbal cigarette, or
 vapor product [intended or reasonably expected to be used  with  or  for
 the consumption of nicotine] by such consumer; or
   (d)  sell,  offer  for  sale,  or otherwise provide a tobacco product,
 herbal cigarette, or vapor product [intended or reasonably  expected  to
 be  used with or for the consumption of nicotine] to a consumer for less
 than the listed price or non-discounted price.
   2. The prohibitions contained in subdivision one of this section shall
 not apply to the following locations:
   (a) private social functions when seating arrangements are  under  the
 control  of  the  sponsor  of  the function and not the owner, operator,
 manager or person in charge of such indoor area;
   (b) conventions and trade shows; provided  that  the  distribution  is
 confined  to  designated areas generally accessible only to persons over
 the age of twenty-one;
   (c) events sponsored by tobacco, vapor product [intended or reasonably
 expected to be used with or for the consumption of nicotine], or  herbal
 cigarette  manufacturers  provided  that the distribution is confined to
 designated areas generally accessible only to persons over  the  age  of
 twenty-one;
   (d)  bars  as  defined  in subdivision one of section thirteen hundred
 ninety-nine-n of this chapter;
   (e) tobacco businesses as defined  in  subdivision  eight  of  section
 thirteen hundred ninety-nine-aa of this article;
   (f)  factories  as  defined  in  subdivision  nine of section thirteen
 hundred ninety-nine-aa of this article and construction sites;  provided
 that the distribution is confined to designated areas generally accessi-
 ble only to persons over the age of twenty-one.
   3.  No retail dealer shall distribute tobacco products, vapor products
 [intended or reasonably expected to be used with or for the  consumption
 of  nicotine],  or herbal cigarettes at the locations set forth in para-
 graphs (b), (c) and (f) of subdivision two of this section  unless  such
 person gives five days written notice to the enforcement officer.
   4.  No  retail  dealer engaged in the business of selling or otherwise
 distributing [electronic cigarettes  or]  vapor  products  [intended  or
 reasonably  expected to be used with or for the consumption of nicotine]
 for commercial purposes, or any agent or employee of such person,  shall
 knowingly,  in  furtherance  of such business, distribute without charge
 any [electronic cigarettes] VAPOR PRODUCTS to any individual under twen-
 ty-one years of age.
   5. The distribution  of  tobacco  products,  [electronic  cigarettes,]
 vapor  products  [intended or reasonably expected to be used with or for
 the consumption of nicotine], or herbal cigarettes pursuant to  subdivi-
 sion  two  of  this section or the distribution without charge of [elec-
 tronic cigarettes, or] vapor products [intended or  reasonably  expected
 to  be used with or for the consumption of nicotine], shall be made only
 to an individual who demonstrates, through (a)  a  driver's  license  or
 non-driver identification card issued by the commissioner of motor vehi-
 cles, the federal government, any United States territory, commonwealth,
 or  possession,  the District of Columbia, a state government within the
 United States, or a provincial government of the dominion of Canada, (b)
 a valid passport issued by the United States government or  the  govern-
 S. 4007                            148                           A. 3007
 
 ment  of  any other country, or (c) an identification card issued by the
 armed forces of the United States, indicating that the individual is  at
 least  twenty-one years of age. Such identification need not be required
 of  any  individual  who  reasonably  appears to be at least twenty-five
 years of age; provided, however, that such appearance shall not  consti-
 tute a defense in any proceeding alleging the sale of a tobacco product,
 [electronic  cigarette,]  vapor product [intended or reasonably expected
 to be used with or for the consumption of nicotine], or herbal cigarette
 or the distribution without charge of [electronic cigarettes, or]  vapor
 products  [intended  or  reasonably  expected to be used with or for the
 consumption of nicotine to an individual].
   § 3. The section heading and subdivisions 1, 2, 3, 4 and 7 of  section
 1399-cc  of  the  public health law, the section heading, subdivisions 1
 and 4 as amended by chapter 542 of the laws of 2014, subdivisions  2,  3
 and 7 as amended by chapter 100 of the laws of 2019, are amended to read
 as follows:
   Sale  of  tobacco  products,  herbal  cigarettes,  [liquid  nicotine,]
 shisha, [rolling papers or] smoking paraphernalia, OR VAPOR PRODUCTS  to
 minors prohibited. 1. As used in this section:
   (a)  "A  device  capable  of  deciphering  any electronically readable
 format" or "device" shall mean any commercial device or  combination  of
 devices  used at a point of sale or entry that is capable of reading the
 information encoded on the bar code or  magnetic  strip  of  a  driver's
 license  or  non-driver  identification card issued by the state commis-
 sioner of motor vehicles;
   (b) "Card holder" means any person presenting a  driver's  license  or
 non-driver identification card to a licensee, or to the agent or employ-
 ee of such licensee under this chapter;
   (c) ["Smoking paraphernalia" means any pipe, water pipe, hookah, roll-
 ing  papers,  vaporizer  or  any  other  device,  equipment or apparatus
 designed for the inhalation of tobacco;
   (d)] "Transaction scan" means the process involving an  automated  bar
 code  reader  by  which  a  licensee, or agent or employee of a licensee
 under this chapter reviews a driver's license or non-driver  identifica-
 tion  card  presented  as a precondition for the purchase of [a] tobacco
 [product] PRODUCTS, VAPOR PRODUCTS, or  herbal  cigarettes  pursuant  to
 subdivision three of this section; and
   [(e)] (D) "Liquid nicotine", "electronic liquid" or "e-liquid" means a
 liquid  composed of nicotine and other chemicals, and which is sold as a
 product that may be used in an electronic cigarette.
   2. Any person operating a place of business wherein tobacco  products,
 herbal  cigarettes, [liquid nicotine,] shisha or [electronic cigarettes]
 VAPOR PRODUCTS, are sold or offered for sale is prohibited from  selling
 such  TOBACCO  OR  VAPOR products, herbal cigarettes, [liquid nicotine,]
 shisha, [electronic cigarettes] or smoking paraphernalia to  individuals
 under  twenty-one  years of age, and shall post in a conspicuous place a
 sign upon which there shall be imprinted the following statement,  "SALE
 OF  CIGARETTES, CIGARS, CHEWING TOBACCO, POWDERED TOBACCO, SHISHA, VAPOR
 PRODUCTS, OR OTHER TOBACCO PRODUCTS, HERBAL  CIGARETTES,  [LIQUID  NICO-
 TINE,  ELECTRONIC  CIGARETTES, ROLLING PAPERS] OR SMOKING PARAPHERNALIA,
 TO PERSONS UNDER TWENTY-ONE YEARS OF AGE IS  PROHIBITED  BY  LAW."  Such
 sign  shall  be printed on a white card in red letters at least one-half
 inch in height.
   3. Sale of tobacco products,  herbal  cigarettes,  [liquid  nicotine,]
 shisha  [or  electronic  cigarettes],  OR VAPOR PRODUCTS in such places,
 other than by a vending machine, shall be made only to an individual who
 S. 4007                            149                           A. 3007
 
 demonstrates, through (a) a valid driver's license or non-driver's iden-
 tification card issued by the commissioner of motor vehicles, the feder-
 al government, any United States territory, commonwealth or  possession,
 the District of Columbia, a state government within the United States or
 a  provincial government of the dominion of Canada, or (b) a valid pass-
 port issued by the United States government or any other country, or (c)
 an identification card issued by the armed forces of the United  States,
 indicating that the individual is at least twenty-one years of age. Such
 identification  need  not  be  required of any individual who reasonably
 appears to be at least twenty-five years of age, provided, however, that
 such appearance shall not constitute a defense in any proceeding  alleg-
 ing  the sale of [a] tobacco [product,] PRODUCTS, VAPOR PRODUCTS, herbal
 cigarettes, [liquid nicotine,] OR shisha [or electronic  cigarettes]  to
 an individual under twenty-one years of age.
   4.  (a)  Any  person  operating  a  place  of business wherein tobacco
 products, VAPOR  PRODUCTS,  herbal  cigarettes,  [liquid  nicotine,]  OR
 shisha  [or  electronic  cigarettes]  are  sold  or offered for sale may
 perform a transaction scan as a precondition for such purchases.
   (b) In any instance where the information  deciphered  by  the  trans-
 action  scan  fails  to  match  the  information printed on the driver's
 license or non-driver identification card, or if  the  transaction  scan
 indicates  that  the  information  is false or fraudulent, the attempted
 transaction shall be denied.
   (c) In any proceeding pursuant to  section  thirteen  hundred  ninety-
 nine-ee  of  this  article, it shall be an affirmative defense that such
 person had produced a driver's license or non-driver identification card
 apparently issued by a governmental entity, successfully completed  that
 transaction  scan,  and  that the tobacco product, VAPOR PRODUCT, herbal
 cigarettes or [liquid nicotine] SHISHA had been sold, delivered or given
 to such person in reasonable reliance upon such identification and tran-
 saction scan.  In  evaluating  the  applicability  of  such  affirmative
 defense the commissioner shall take into consideration any written poli-
 cy adopted and implemented by the seller to effectuate the provisions of
 this  chapter.  Use  of  a  transaction scan shall not excuse any person
 operating a place of business wherein tobacco products,  VAPOR  PRODUCT,
 herbal  cigarettes,  [liquid  nicotine,]  OR shisha [or electronic ciga-
 rettes] are sold, or the agent or employee  of  such  person,  from  the
 exercise  of  reasonable  diligence  otherwise required by this chapter.
 Notwithstanding the above provisions, any such affirmative defense shall
 not be applicable in any civil or criminal proceeding, or in  any  other
 forum.
   7.  No  person operating a place of business wherein tobacco products,
 VAPOR PRODUCTS, herbal cigarettes,  [liquid  nicotine,]  OR  shisha  [or
 electronic  cigarettes]  are sold or offered for sale shall sell, permit
 to be sold, offer for sale or display  for  sale  any  tobacco  product,
 VAPOR PRODUCT, herbal cigarettes, [liquid nicotine,] OR shisha [or elec-
 tronic  cigarettes]  in  any manner, unless such products and cigarettes
 are stored for sale (a) behind a counter in an area accessible  only  to
 the  personnel of such business, or (b) in a locked container; provided,
 however, such restriction shall not  apply  to  tobacco  businesses,  as
 defined  in subdivision eight of section thirteen hundred ninety-nine-aa
 of this article, and to places  to  which  admission  is  restricted  to
 persons twenty-one years of age or older.
   §  4.  Section 1399-dd of the public health law, as amended by chapter
 448 of the laws of 2012, subdivision (d) as amended by  chapter  100  of
 the laws of 2019, is amended to read as follows:
 S. 4007                            150                           A. 3007
 
   §  1399-dd. Sale of tobacco products, herbal cigarettes or [electronic
 cigarettes] VAPOR PRODUCTS in vending machines. No person,  firm,  part-
 nership,  company  or  corporation shall operate a vending machine which
 dispenses tobacco products, herbal cigarettes or [electronic cigarettes]
 VAPOR  PRODUCTS  unless such machine is located: (a) in a bar as defined
 in subdivision one of section thirteen  hundred  ninety-nine-n  of  this
 chapter,  or  the bar area of a food service establishment with a valid,
 on-premises full liquor license; (b) in a private club; (c) in a tobacco
 business as defined in subdivision eight  of  section  thirteen  hundred
 ninety-nine-aa  of  this  article; or (d) in a place of employment which
 has an insignificant portion  of  its  regular  workforce  comprised  of
 people under the age of twenty-one years and only in such locations that
 are  not  accessible  to  the general public; provided, however, that in
 such locations the vending machine is located in plain  view  and  under
 the  direct  supervision  and  control  of  the  person in charge of the
 location or [his or her] THEIR designated agent or employee.
   § 5. The section heading and subdivisions 1 and 2 of section 1399-dd-1
 of the public health law, as added by section 13 of part EE  of  chapter
 56 of the laws of 2020, are amended to read as follows:
   Public display of tobacco AND VAPOR product [and electronic cigarette]
 advertisements  and smoking paraphernalia prohibited. 1. For purposes of
 this section[:
   (a) "Advertisement"] "ADVERTISEMENT"  means  words,  pictures,  photo-
 graphs,  symbols, graphics or visual images of any kind, or any combina-
 tion thereof, which bear a health warning required by  federal  statute,
 the  purpose  or effect of which is to identify a brand of a tobacco  OR
 VAPOR product, [electronic  cigarette,  or  vapor  product  intended  or
 reasonably expected to be used with or for the consumption of nicotine],
 a  trademark  of  a  tobacco OR VAPOR product, [electronic cigarette, or
 vapor product intended or reasonably expected to be used with or for the
 consumption of nicotine or] a trade name associated exclusively  with  a
 tobacco  OR  VAPOR  product,  [electronic  cigarette,  or  vapor product
 intended or reasonably expected to be used with or for  the  consumption
 of  nicotine]  or to promote the use or sale of a tobacco OR VAPOR prod-
 uct[, electronic cigarette, or  vapor  product  intended  or  reasonably
 expected to be used with or for the consumption of nicotine.
   (b)  "Smoking paraphernalia" means any pipe, water pipe, hookah, roll-
 ing papers, electronic cigarette, vaporizer or any other device,  equip-
 ment or apparatus designed for the inhalation of tobacco or nicotine.
   (c)  "Vapor  product"  means  any vapor product, as defined by section
 thirteen hundred ninety-nine-aa of this article, intended or  reasonably
 expected to be used with or for the consumption of nicotine.
   (d)  "Tobacco  products" shall have the same meaning as in subdivision
 five of section thirteen hundred ninety-nine-aa of this article.
   (e) "Electronic cigarette" shall have the same meaning as in  subdivi-
 sion  thirteen  of section thirteen hundred ninety-nine-aa of this arti-
 cle].
   2. (a) No person, corporation, partnership, sole  proprietor,  limited
 partnership,  association  or any other business entity may place, cause
 to be placed, maintain or to cause to be maintained,  smoking  parapher-
 nalia  [or],  tobacco  product, [electronic cigarette,] or vapor product
 [intended or reasonably expected to be used with or for the  consumption
 of  nicotine]  advertisements in a store front or exterior window or any
 door which is used for entry or egress by the public to the building  or
 structure  containing  a  place  of  business  within  one thousand five
 S. 4007                            151                           A. 3007
 
 hundred feet of a school, provided that within New York city such prohi-
 bitions shall only apply within five hundred feet of a school.
   (b)  Any  person,  corporation,  partnership, sole proprietor, limited
 partnership, association or any other business entity  in  violation  of
 this  section  shall be subject to a civil penalty of not more than five
 hundred dollars for a first violation and not  more  than  one  thousand
 dollars for a second or subsequent violation.
   §  6.  Subdivisions 2, 3 and 4 of section 1399-ee of the public health
 law, subdivision 2 and paragraphs  (e)  and  (f)  of  subdivision  3  as
 amended  by  section  6 of part EE of chapter 56 of the laws of 2020 and
 subdivisions 3 and 4 as amended by chapter 162 of the laws of 2002,  are
 amended to read as follows:
   2.  If  the  enforcement  officer  determines  after  a hearing that a
 violation of this article has occurred, [he or she] OR THAT A  STATE  OR
 LOCAL  HEALTH OFFICIAL WAS DENIED ACCESS TO A RETAIL STORE INCLUDING ALL
 PRODUCT DISPLAY AND STORAGE AREAS, FOR THE PURPOSE OF EVALUATING COMPLI-
 ANCE WITH THIS ARTICLE, THEY shall impose a civil penalty of  a  minimum
 of  three  hundred  dollars, but not to exceed one thousand five hundred
 dollars for a first violation, and a minimum of  one  thousand  dollars,
 but  not to exceed two thousand five hundred dollars for each subsequent
 violation, unless a different penalty  is  otherwise  provided  in  this
 article.  The  enforcement  officer  shall advise the retail dealer that
 upon the accumulation of three or more points pursuant to  this  section
 the department of taxation and finance shall suspend the dealer's regis-
 tration.  If  the  enforcement officer determines after a hearing that a
 retail dealer was selling tobacco OR VAPOR products while  their  regis-
 tration  was  suspended  or  permanently revoked pursuant to subdivision
 three or four of this section, [he or she] THEY  shall  impose  a  civil
 penalty of twenty-five hundred dollars.
   3.  (a)  Imposition  of points. If the enforcement officer determines,
 after a hearing, that the retail dealer violated subdivision  [one]  TWO
 of  section thirteen hundred ninety-nine-cc of this article with respect
 to a prohibited sale to a minor, [he or she] THEY shall, in addition  to
 imposing  any  other  penalty  required  or  permitted  pursuant to this
 section, assign two points to the retail dealer's record where the indi-
 vidual who committed  the  violation  did  not  hold  a  certificate  of
 completion from a state certified tobacco sales training program and one
 point where the retail dealer demonstrates that the person who committed
 the  violation  held  a certificate of completion from a state certified
 tobacco sales training program.
   (b) Revocation. If the enforcement officer determines, after  a  hear-
 ing,  that a retail dealer has violated this article four times within a
 three year time frame [he or she] THEY shall, in  addition  to  imposing
 any  other  penalty  required  or  permitted by this section, direct the
 commissioner of taxation and finance to revoke the dealer's registration
 for one year.
   (c) Duration of points. Points assigned to a  retail  dealer's  record
 shall  be  assessed  for  a period of thirty-six months beginning on the
 first day of the month following the assignment of points.
   (d) Reinspection. Any retail dealer who is assigned points pursuant to
 paragraph (a) of this subdivision shall  be  reinspected  at  least  two
 times  a  year  by  the  enforcement  officer  until points assessed are
 removed from the retail dealer's record.
   (e) Suspension. If the department determines that a retail dealer  has
 accumulated  three  points  or  more,  the  department  shall direct the
 commissioner of taxation and finance to suspend such dealer's  registra-
 S. 4007                            152                           A. 3007
 
 tion  for  one year. The three points serving as the basis for a suspen-
 sion shall be erased upon the completion of the one year penalty.
   (f) Surcharge. A two hundred fifty dollar surcharge to be assessed for
 every violation will be made available to enforcement officers and shall
 be  used  solely  for  compliance  checks  to  be conducted to determine
 compliance with this section.
   4. (a) If the enforcement officer determines, after a hearing, that  a
 retail  dealer  has  violated  this article while their registration was
 suspended pursuant to subdivision three of this section, [he or she] THE
 ENFORCEMENT OFFICER shall, in addition to  imposing  any  other  penalty
 required  or permitted by this section, direct the commissioner of taxa-
 tion and finance to permanently revoke the dealer's registration and not
 permit the dealer to obtain a new registration.
   (b) If the enforcement officer determines, after  a  hearing,  that  a
 vending  machine operator has violated this article three times within a
 two year period, or four or more times cumulatively  [he  or  she]  THEY
 shall,  in  addition to imposing any other penalty required or permitted
 by this section, direct the commissioner  of  taxation  and  finance  to
 suspend the vendor's registration for one year and not permit the vendor
 to obtain a new registration for such period.
   §  7.  Subdivision  1  of section 1399-ff of the public health law, as
 amended by chapter 100 of the laws  of  2019,  is  amended  to  read  as
 follows:
   1.  Where  a  civil  penalty  for  a  particular incident has not been
 imposed or an enforcement action regarding an alleged  violation  for  a
 particular  incident is not pending under section thirteen hundred nine-
 ty-nine-ee of this article, a parent or guardian of a person under twen-
 ty-one years of age to whom  tobacco  products,  herbal  cigarettes  [or
 electronic  cigarettes],  OR  VAPOR  PRODUCTS are sold or distributed in
 violation of this article may submit a complaint to an enforcement offi-
 cer setting forth the name and address of the alleged violator, the date
 of the alleged violation, the name and address of  the  complainant  and
 the person under twenty-one years of age, and a brief statement describ-
 ing  the  alleged  violation.  The  enforcement officer shall notify the
 alleged  violator  by  certified  or  registered  mail,  return  receipt
 requested, that a complaint has been submitted, and shall set a date, at
 least  fifteen  days  after the mailing of such notice, for a hearing on
 the complaint.  Such notice shall contain the information  submitted  by
 the complainant.
   §  8.  Subdivision  1  of section 1399-gg of the public health law, as
 amended by chapter 513 of the laws  of  2004,  is  amended  to  read  as
 follows:
   1.  All  tobacco cigarettes OR VAPOR PRODUCTS sold or offered for sale
 by a retail dealer shall be sold or offered for  sale  in  the  package,
 box,  carton  or other container provided by the manufacturer, importer,
 or packager which bears all health warnings required by applicable law.
   § 9.  The opening paragraph and subdivision 3 of  section  1399-hh  of
 the  public health law, as amended by section 8 of part EE of chapter 56
 of the laws of 2020, are amended to read as follows:
   The commissioner shall develop, plan  and  implement  a  comprehensive
 program  to  reduce  the  prevalence of tobacco [use, and vapor product,
 intended or reasonably expected to be used with or for  the  consumption
 of nicotine,] AND VAPOR PRODUCT use particularly among persons less than
 twenty-one  years of age. This program shall include, but not be limited
 to, support for enforcement of this article.
 S. 4007                            153                           A. 3007
 
   3. Monies made available to  enforcement  officers  pursuant  to  this
 section  shall  only  be  used  for  local  tobacco  and vapor product[,
 intended or reasonably expected to be used with or for  the  consumption
 of nicotine,] enforcement activities approved by the commissioner.
   §  10.   Subdivision 2 of section 1399-ii of the public health law, as
 amended by section 12 of part EE of chapter 56 of the laws of  2020,  is
 amended to read as follows:
   2.  The  department  shall  support  tobacco  and  vapor  product  use
 prevention and control activities including, but not limited to:
   (a) Community programs to prevent and reduce tobacco use through local
 involvement and partnerships;
   (b) School-based programs to prevent and reduce tobacco use and use of
 vapor products;
   (c) Marketing and advertising to discourage tobacco AND vapor  product
 [and liquid nicotine] use;
   (d) Nicotine cessation programs for youth and adults;
   (e)  Special  projects to reduce the disparities in smoking prevalence
 among various populations;
   (f)  Restriction  of  youth  access  to  tobacco  products  and  vapor
 products;
   (g) Surveillance of smoking and vaping rates; and
   (h)  Any  other activities determined by the commissioner to be neces-
 sary to implement the provisions of this section.
   Such programs shall be selected by the commissioner through an  appli-
 cation process which takes into account whether a program utilizes meth-
 ods  recognized  as  effective  in  reducing [nicotine] TOBACCO OR VAPOR
 PRODUCT use. Eligible applicants may include, but not be limited  to,  a
 health  care  provider, schools, a college or university, a local public
 health department, a public health organization, a health care  provider
 organization,  association  or  society,  municipal  corporation,  or  a
 professional education organization.
   § 11.  Section 1399-ii-1 of the public health law, as added by section
 11 of part EE of chapter 56 of the laws of 2020, is amended to  read  as
 follows:
   §   1399-ii-1.   [Electronic   cigarette  and  vaping]  VAPOR  PRODUCT
 prevention, awareness and control program. The  commissioner  shall,  in
 consultation  and  collaboration  with  the  commissioner  of education,
 establish and develop [an electronic cigarette and vaping] A VAPOR PROD-
 UCT prevention, control and awareness  program  within  the  department.
 Such  program  shall be designed to educate students, parents and school
 personnel about the health risks associated with vapor product  use  and
 control  measures to reduce the prevalence of vaping, particularly among
 persons less than twenty-one years of age.  Such program shall  include,
 but  not  be  limited  to, the creation of age-appropriate instructional
 tools and materials that may be used by all schools, and  marketing  and
 advertising materials to discourage [electronic cigarette] VAPOR PRODUCT
 use.
   § 12.  Subdivisions 1, 2 and 3 of section 1399-jj of the public health
 law,  as  amended  by  section 9 of part EE of chapter 56 of the laws of
 2020, are amended to read as follows:
   1. The commissioner shall evaluate the effectiveness of the efforts by
 state and local governments to reduce the use of  tobacco  products  and
 vapor  products[, intended or reasonably expected to be used with or for
 the consumption of nicotine,] among minors  and  adults.  The  principal
 measurements  of  effectiveness  shall include negative attitudes toward
 tobacco and vapor products[, intended or reasonably expected to be  used
 S. 4007                            154                           A. 3007

 with  or  for the consumption of nicotine,] use and reduction of tobacco
 and vapor products[, intended or reasonably expected to be used with  or
 for  the consumption of nicotine,] use among the general population, and
 given target populations.
   2.  The commissioner shall ensure that, to the extent practicable, the
 most current research findings regarding mechanisms to reduce and change
 attitudes toward tobacco and vapor  products[,  intended  or  reasonably
 expected  to  be  used with or for the consumption of nicotine,] use are
 used in tobacco and vapor product[, intended or reasonably  expected  to
 be  used  with  or  for the consumption of nicotine,] education programs
 administered by the department.
   3. To diminish tobacco and  vapor  product[,  intended  or  reasonably
 expected  to be used with or for the consumption of nicotine,] use among
 minors and adults, the commissioner shall ensure  that,  to  the  extent
 practicable,  the following is achieved: The department shall conduct an
 independent evaluation of  the  statewide  tobacco  use  prevention  and
 control  program  under  section thirteen hundred ninety-nine-ii of this
 article. The purpose of this evaluation is to direct the most  efficient
 allocation  of  state  resources  devoted to tobacco and vapor product[,
 intended or reasonably expected to be used with or for  the  consumption
 of   nicotine],  education  and  cessation  to  accomplish  the  maximum
 prevention and reduction of tobacco  and  vapor  product[,  intended  or
 reasonably expected to be used with or for the consumption of nicotine,]
 use  among  minors  and adults. Such evaluation shall be provided to the
 governor, the majority leader of the  senate  and  the  speaker  of  the
 assembly on or before September first, two thousand one, and annually on
 or  before  such  date  thereafter.  The comprehensive evaluation design
 shall be guided by the following:
   (a) sound evaluation principles including,  to  the  extent  feasible,
 elements of controlled experimental methods;
   (b)  an  evaluation  of  the  comparative  effectiveness of individual
 program designs which shall be used in  funding  decisions  and  program
 modifications; and
   (c)  an  evaluation  of  other  programs identified by state agencies,
 local lead agencies, and federal agencies.
   § 13. The opening paragraph and subdivision 2 of  section  1399-kk  of
 the public health law, as amended by section 10 of part EE of chapter 56
 of the laws of 2020, are amended to read as follows:
   The  commissioner  shall submit to the governor and the legislature an
 interim tobacco control report and annual tobacco control reports  which
 shall  describe  the  extent  of  the  use of tobacco products and vapor
 products[, intended or reasonably expected to be used with  or  for  the
 consumption  of nicotine,] by those under twenty-one years of age in the
 state and document the progress state and local governments have made in
 reducing such use among those under twenty-one years of age.
   2. The commissioner shall submit to the governor and  the  legislature
 an  annual  tobacco and vapor products[, intended or reasonably expected
 to be used with or for the  consumption  of  nicotine,]  control  report
 which shall describe the extent of the use of tobacco products and vapor
 products[,  intended  or  reasonably expected to be used with or for the
 consumption of nicotine,] by those under twenty-one years of age in  the
 state and document the progress state and local governments have made in
 reducing  such use among those under twenty-one years of age. The annual
 report shall be submitted to the governor  and  the  legislature  on  or
 before  March thirty-first of each year beginning on March thirty-first,
 nineteen hundred ninety-nine. The annual report  shall,  to  the  extent
 S. 4007                            155                           A. 3007
 
 practicable,  include  the  following  information on a county by county
 basis:
   (a)  number  of  licensed and registered tobacco retailers and vendors
 and licensed vapor products dealers;
   (b) the names and addresses of retailers and  vendors  who  have  paid
 fines, or have been otherwise penalized, due to enforcement actions;
   (c)  the  number  of  complaints filed against licensed and registered
 tobacco retailers and licensed vapor products dealers;
   (d) the number of fires caused or believed to  be  caused  by  tobacco
 products and vapor products[, intended or reasonably expected to be used
 with  or  for  the  consumption  of  nicotine,]  and deaths and injuries
 resulting therefrom;
   (e) the number and type of compliance checks conducted;
   (f) a survey of attitudes and behaviors regarding  tobacco  use  among
 those  under  twenty-one  years of age. The initial such survey shall be
 deemed to constitute the baseline survey;
   (g) the number of tobacco and vapor product[, intended  or  reasonably
 expected  to be used with or for the consumption of nicotine,] users and
 estimated trends in tobacco and vapor product[, intended  or  reasonably
 expected  to be used with or for the consumption of nicotine,] use among
 those under twenty-one years of age;
   (h) annual tobacco and vapor product[, intended or reasonably expected
 to be used with or for the consumption of nicotine,] sales;
   (i) tax revenue collected from the sale of tobacco products and  vapor
 products[,  intended  or  reasonably expected to be used with or for the
 consumption of nicotine];
   (j) the number of licensed tobacco retail outlets and  licensed  vapor
 products dealers;
   (k) the number of cigarette vending machines;
   (l) the number and type of compliance checks;
   (m)  the  names  of  entities  that have paid fines due to enforcement
 actions; and
   (n) the number of complaints filed  against  licensed  tobacco  retail
 outlets and licensed vapor products dealers.
   The annual tobacco and vapor product[, intended or reasonably expected
 to  be  used  with  or  for the consumption of nicotine,] control report
 shall, to the extent practicable, include the following information:
   (a) tobacco and vapor product[, intended or reasonably expected to  be
 used with or for the consumption of nicotine,] control efforts sponsored
 by  state  government  agencies  including  money spent to educate those
 under twenty-one years of age on the hazards of tobacco and vapor  prod-
 uct[,  intended  or  reasonably  expected  to  be  used  with or for the
 consumption of nicotine,] use;
   (b) recommendations for improving tobacco and vapor product[, intended
 or reasonably expected to be used with or for the consumption  of  nico-
 tine,] control efforts in the state; and
   (c) such other information as the commissioner deems appropriate.
   §  14.    Subdivisions 1-a, 2, 3, 4, 5 and 6 of section 1399-ll of the
 public health law, subdivisions 2, 3, 4, 5 and 6 as amended and subdivi-
 sion 1-a as added by section 3 of part EE of chapter 56 of the  laws  of
 2020, are amended to read as follows:
   1-a.  It  shall  be unlawful for any person engaged in the business of
 selling vapor products to ship or cause to be shipped any vapor products
 [intended or reasonably expected to be used with or for the  consumption
 of  nicotine]  to any person in this state who is not: (a) a person that
 receives a certificate of registration as a vapor products dealer  under
 S. 4007                            156                           A. 3007
 
 article  [twenty  eight-C]  TWENTY-EIGHT-C of the tax law; (b) an export
 warehouse proprietor pursuant to chapter 52 of the internal revenue code
 or an operator of a customs bonded warehouse pursuant to section 1311 or
 1555  of  title  19 of the United States Code; or (c) a person who is an
 officer, employee or agent of the United States government,  this  state
 or a department, agency, instrumentality or political subdivision of the
 United  States  or this state and presents [himself or herself] THEMSELF
 as such, when such person is acting in  accordance  with  [his  or  her]
 THEIR  official  duties. For purposes of this subdivision, a person is a
 licensed or registered agent or dealer described  in  paragraph  (a)  of
 this  subdivision  if  [his  or  her]  THEIR  name  appears on a list of
 licensed or registered agents or vapor product dealers published by  the
 department  of  taxation  and  finance, or if such person is licensed or
 registered as an agent or dealer under article [twenty eight-C]  TWENTY-
 EIGHT-C of the tax law.
   2. It shall be unlawful for any common or contract carrier to knowing-
 ly  transport cigarettes to any person in this state reasonably believed
 by such carrier to be other than a person described  in  paragraph  (a),
 (b)  or  (c)  of  subdivision  one  of this section. For purposes of the
 preceding sentence, if cigarettes are transported to  a  home  or  resi-
 dence,  it  shall  be  presumed that the common or contract carrier knew
 that such person was not a person described in paragraph (a), (b) or (c)
 of subdivision one of this section. It shall be unlawful for  any  other
 person  to  knowingly  transport cigarettes to any person in this state,
 other than to a person described in paragraph (a), (b) or (c) of  subdi-
 vision  one  of  this  section.  Nothing  in  this  subdivision shall be
 construed to prohibit a person other than a common or  contract  carrier
 from transporting not more than eight hundred cigarettes at any one time
 to  any  person  in  this  state. It shall be unlawful for any common or
 contract carrier to knowingly  transport  vapor  products  [intended  or
 reasonably  expected to be used with or for the consumption of nicotine]
 to any person in this state reasonably believed by such  carrier  to  be
 other  than  a person described in paragraph (a), (b) or (c) of subdivi-
 sion one-a of this section. For purposes of the preceding  sentence,  if
 vapor  products  [intended or reasonably expected to be used with or for
 the consumption of nicotine] are transported to a home or residence,  it
 shall  be  presumed  that  the common or contract carrier knew that such
 person was not a person described in paragraph (a), (b) or (c) of subdi-
 vision one-a of this section. It shall be unlawful for any other  person
 to  knowingly  transport vapor products [intended or reasonably expected
 to be used with or for the consumption of nicotine]  to  any  person  in
 this  state,  other  than to a person described in paragraph (a), (b) or
 (c) of subdivision one of this  section.  Nothing  in  this  subdivision
 shall  be construed to prohibit a person other than a common or contract
 carrier from transporting vapor products, provided that  the  amount  of
 vapor  products  [intended or reasonably expected to be used with or for
 the consumption of nicotine] shall not exceed the lesser of 500 millili-
 ters, or a total nicotine content of 3 grams at  any  one  time  to  any
 person in this state.
   3.  When  a person engaged in the business of selling cigarettes ships
 or causes to be shipped any cigarettes to  any  person  in  this  state,
 other  than  in the cigarette manufacturer's original container or wrap-
 ping, the container or wrapping must be plainly and visibly marked  with
 the  word "cigarettes". When a person engaged in the business of selling
 vapor products  ships  or  causes  to  be  shipped  any  vapor  products
 [intended  or reasonably expected to be used with or for the consumption
 S. 4007                            157                           A. 3007

 of nicotine] to any person in  this  state,  other  than  in  the  vapor
 products manufacturer's original container or wrapping, the container or
 wrapping  must  be  plainly  and  visibly  marked  with the words "vapor
 products".
   4.  Whenever a police officer designated in section 1.20 of the crimi-
 nal procedure law or a peace officer designated in subdivision  four  of
 section  2.10 of such law, acting pursuant to [his or her] THEIR special
 duties, shall discover any cigarettes or  vapor  products  [intended  or
 reasonably  expected to be used with or for the consumption of nicotine]
 which have been or which are being shipped or transported  in  violation
 of this section, such person is hereby empowered and authorized to seize
 and  take  possession  of such cigarettes or vapor products [intended or
 reasonably expected to be used with or for the consumption of nicotine],
 and such cigarettes or vapor products [intended or  reasonably  expected
 to  be used with or for the consumption of nicotine] shall be subject to
 a forfeiture action pursuant to the procedures provided for  in  article
 thirteen-A  of  the  civil  practice  law  and rules, as if such article
 specifically provided for forfeiture of  cigarettes  or  vapor  products
 [intended  or reasonably expected to be used with or for the consumption
 of nicotine] seized pursuant to this section as a pre-conviction forfei-
 ture crime.
   5. Any person who violates the provisions of subdivision  one,  one-a,
 or  two of this section shall be guilty of a class A misdemeanor and for
 a second or subsequent violation shall be guilty of a class E felony. In
 addition to the criminal penalty, any person who violates the provisions
 of subdivision one, one-a, two or three of this section shall be subject
 to a civil penalty not to  exceed  the  greater  of  (a)  five  thousand
 dollars  for  each such violation; (b) one hundred dollars for each pack
 of cigarettes shipped, caused to be shipped or transported in  violation
 of  such  subdivision; or (c) one hundred dollars for each vapor product
 [intended or reasonably expected to be used with or for the  consumption
 of  nicotine]  shipped, caused to be shipped or transported in violation
 of such subdivision.
   6. The attorney general may bring  an  action  to  recover  the  civil
 penalties  provided  by  subdivision  five  of this section and for such
 other relief as may be deemed necessary. In  addition,  the  corporation
 counsel of any political subdivision that imposes a tax on cigarettes or
 vapor  products [intended or reasonably expected to used with or for the
 consumption of nicotine] may bring an action to recover the civil penal-
 ties provided by subdivision five of this section  and  for  such  other
 relief  as  may  be  deemed  necessary with respect to any cigarettes or
 vapor products [intended or reasonably expected to be used with  or  for
 the  consumption  of  nicotine]  shipped, caused to be shipped or trans-
 ported in violation of this section to any person  located  within  such
 political  subdivision.  All civil penalties obtained in any such action
 shall be retained by the state or political  subdivision  bringing  such
 action, provided that no person shall be required to pay civil penalties
 to  both  the state and a political subdivision with respect to the same
 violation of this section.
   § 15.  Paragraph (a) of subdivision 2 of section 1399-mm of the public
 health law, as added by chapter 549 of the laws of 2003, is  amended  to
 read as follows:
   (a)  The provisions of subdivision one of this section shall not apply
 to a tobacco business, as defined in SUBDIVISION EIGHT OF section  thir-
 teen hundred [ninety-nine-n] NINETY-NINE-AA of this [chapter] ARTICLE.
 S. 4007                            158                           A. 3007
 
   §  16. Section 1399-mm-1 of the public health law, as added by section
 1 of part EE of chapter 56 of the laws of 2020, is amended  to  read  as
 follows:
   § 1399-mm-1. Sale of flavored products prohibited. 1. For the purposes
 of  this  section  "flavored"  shall  mean  any vapor OR TOBACCO product
 [intended or reasonably expected to be used with or for the  consumption
 of  nicotine,] with a [distinguishable] taste [or], aroma, OR SENSATION,
 DISTINGUISHABLE BY AN ORDINARY CONSUMER, other than the taste  or  aroma
 of tobacco, imparted either prior to or during consumption of such prod-
 uct  or a component part thereof, including but not limited to tastes or
 aromas relating to any fruit, chocolate, vanilla, honey,  candy,  cocoa,
 dessert,  alcoholic beverage, mint, wintergreen, menthol, herb or spice,
 or any concept flavor that imparts a taste or aroma that is distinguish-
 able from tobacco flavor but may not  relate  to  any  particular  known
 flavor, OR A COOLING OR NUMBING SENSATION IMPARTED DURING CONSUMPTION OF
 A  TOBACCO OR VAPOR PRODUCT. THIS SHALL NOT INCLUDE ANY PRODUCT APPROVED
 BY THE UNITED STATES FOOD AND DRUG ADMINISTRATION AS A DRUG  OR  MEDICAL
 DEVICE.   A vapor OR TOBACCO product [intended or reasonably expected to
 be used with or for the consumption of nicotine,] shall be  presumed  to
 be  flavored  if  a product's PACKAGING OR LABELING, OR IF THE PRODUCT'S
 retailer, manufacturer, or a manufacturer's agent or employee, has  made
 a  statement  or  claim  directed  to  consumers  or the public, whether
 expressed or implied, that such product or device  has  a  [distinguish-
 able]  taste  [or], aroma, OR SENSATION, AS DISTINGUISHABLE BY THE ORDI-
 NARY CONSUMER, other than the taste [or], aroma, OR SENSATION of  tobac-
 co.
   2.  No  vapor  products  dealer, OR RETAIL DEALER, OR TOBACCO OR VAPOR
 SELLER, or any agent or employee of  a  vapor  products  dealer,  RETAIL
 DEALER,  OR  A TOBACCO OR VAPOR SELLER, shall sell or offer for sale [at
 retail in the state], OR EXCHANGE OR OFFER FOR EXCHANGE, FOR ANY FORM OF
 CONSIDERATION, any  flavored  vapor  OR  TOBACCO  product  [intended  or
 reasonably expected to be used with or for the consumption of nicotine],
 WHETHER THROUGH RETAIL OR WHOLESALE.
   3.  NO VAPOR PRODUCTS DEALER, RETAIL DEALER, OR TOBACCO OR VAPOR SELL-
 ER  OR  ANY AGENT OR EMPLOYEE OF A VAPOR PRODUCTS DEALER, RETAIL DEALER,
 OR TOBACCO OR VAPOR SELLER, ACTING IN THE CAPACITY THEREOF,  SHALL  KEEP
 IN  INVENTORY,  STORE,  STOW,  WAREHOUSE,  PROCESS,  PACKAGE,  SHIP,  OR
 DISTRIBUTE FLAVORED VAPOR OR TOBACCO PRODUCTS ANYWHERE IN,  OR  ADJACENT
 TO,  A  PLACE  OF  BUSINESS  WHERE  VAPOR  OR TOBACCO PRODUCTS ARE SOLD,
 OFFERED FOR SALE, EXCHANGED, OR OFFERED FOR EXCHANGE, FOR  ANY  FORM  OF
 CONSIDERATION, AT RETAIL.
   4. Any vapor products dealer, RETAIL DEALER, OR TOBACCO OR VAPOR SELL-
 ER,  or any agent or employee of a vapor products dealer, RETAIL DEALER,
 OR TOBACCO OR VAPOR SELLER, who violates the provisions of this  section
 shall be subject to a civil penalty of not more than one hundred dollars
 for  each  individual  package  of  flavored  vapor  OR  TOBACCO product
 [intended or reasonably expected to be used with or for the  consumption
 of  nicotine  sold  or  offered  for  sale, provided, however, that with
 respect to a manufacturer, it shall be an affirmative defense to a find-
 ing of violation pursuant to this section that such  sale  or  offer  of
 sale,  as  applicable, occurred without the knowledge, consent, authori-
 zation, or involvement, direct or indirect, of such  manufacturer]  SOLD
 OR  OFFERED FOR SALE, OR EXCHANGED OR OFFERED FOR EXCHANGE, FOR ANY FORM
 OF CONSIDERATION, WHETHER THROUGH RETAIL OR WHOLESALE, OR KEPT IN INVEN-
 TORY, STORED,  STOWED,  WAREHOUSED,  PROCESSED,  PACKAGED,  SHIPPED,  OR
 DISTRIBUTED ANYWHERE IN, OR ADJACENT TO, A PLACE OF BUSINESS WHERE VAPOR
 S. 4007                            159                           A. 3007
 
 OR  TOBACCO  PRODUCTS  ARE SOLD, OFFERED FOR SALE, EXCHANGED, OR OFFERED
 FOR EXCHANGE, FOR ANY FORM OF CONSIDERATION, AT RETAIL.   Violations  OF
 THE  PROVISIONS  of this section shall be enforced pursuant to [section]
 SECTIONS  thirteen  hundred  ninety-nine-ff AND THIRTEEN HUNDRED NINETY-
 NINE-EE of this article,  [except  that  any]  PROVIDED,  HOWEVER,  THAT
 VIOLATIONS OF THE PROVISIONS OF THIS SECTION MAY ALSO BE ENFORCED BY THE
 COMMISSIONER.  ANY person may submit a complaint to an enforcement offi-
 cer that a violation of this section has occurred.
   [4. The provisions of this  section  shall  not  apply  to  any  vapor
 products  dealer,  or  any agent or employee of a vapor products dealer,
 who sells or offers for sale, or who possess  with  intent  to  sell  or
 offer  for  sale,  any  flavored  vapor  product  intended or reasonably
 expected to be used with or for the consumption  of  nicotine  that  the
 U.S.  Food  and  Drug Administration has authorized to legally market as
 defined under 21 U.S.C. § 387j and that has received a premarket  review
 approval  order  under  21  U.S.C. § 387j(c) et seq.] 5. NOTHING IN THIS
 SECTION SHALL BE CONSTRUED TO PENALIZE THE PURCHASE, USE, OR  POSSESSION
 OF  A  TOBACCO  PRODUCT  OR VAPOR PRODUCT BY ANY PERSON NOT ENGAGED AS A
 VAPOR PRODUCTS DEALER, RETAIL DEALER, TOBACCO OR VAPOR  SELLER,  OR  ANY
 AGENT  OR EMPLOYEE OF A VAPOR PRODUCTS DEALER, RETAIL DEALER, OR TOBACCO
 OR VAPOR SELLER.
   § 17. Subdivision 1 of section 1399-mm-2 of the public health law,  as
 added  by  section  1  of  part EE of chapter 56 of the laws of 2020, is
 amended to read as follows:
   1. No tobacco product, herbal cigarette, or vapor product [intended or
 reasonably expected to be used with or for the consumption of nicotine,]
 shall be sold in a pharmacy or in a retail establishment that contains a
 pharmacy operated as a department as defined by paragraph f of  subdivi-
 sion  two  of  section  sixty-eight  hundred eight of the education law.
 Provided,  however,  that  such  prohibition  on  the  sale  of  tobacco
 products,  herbal  cigarettes, or vapor products [intended or reasonably
 expected to be used with or for the consumption of nicotine,] shall  not
 apply  to  any  other  business  that owns or leases premises within any
 building or other facility that also contains a  pharmacy  or  a  retail
 establishment  that  contains  a  pharmacy  operated  as a department as
 defined by paragraph f of subdivision two of section sixty-eight hundred
 eight of the education law.
   § 18. Subdivision 1 of section 1399-mm-3 of the public health law,  as
 added  by  section  1  of  part EE of chapter 56 of the laws of 2020, is
 amended to read as follows:
   1. For the purposes of this section  "carrier  oils"  shall  mean  any
 ingredient  of  a  vapor  product intended to control the consistency or
 other physical characteristics of such vapor  product,  to  control  the
 consistency or other physical characteristics of vapor, or to facilitate
 the production of vapor when such vapor product is used in an electronic
 [cigarette]  DEVICE.    "Carrier  oils"  shall  not  include any product
 approved by the United States [food and drug  administration]  FOOD  AND
 DRUG  ADMINISTRATION  as  a  drug  or medical device or manufactured and
 dispensed pursuant to title five-A of article thirty-three of this chap-
 ter.
   § 19. This act shall take effect September 1, 2023.
 
                                  PART P
 
   Section 1. The public health law is amended by adding  a  new  section
 2825-h to read as follows:
 S. 4007                            160                           A. 3007
 
   §  2825-H.  HEALTH CARE FACILITY TRANSFORMATION PROGRAM:  STATEWIDE V.
 1. A STATEWIDE HEALTH CARE FACILITY  TRANSFORMATION  PROGRAM  IS  HEREBY
 ESTABLISHED WITHIN THE DEPARTMENT FOR THE PURPOSE OF TRANSFORMING, REDE-
 SIGNING,  AND  STRENGTHENING  QUALITY  HEALTH CARE SERVICES IN ALIGNMENT
 WITH  STATEWIDE  AND  REGIONAL  HEALTH  CARE  NEEDS,  AND IN THE ONGOING
 PANDEMIC RESPONSE. THE PROGRAM SHALL ALSO PROVIDE  FUNDING,  SUBJECT  TO
 LAWFUL  APPROPRIATION,  IN  SUPPORT  OF CAPITAL PROJECTS THAT FACILITATE
 FURTHERING SUCH TRANSFORMATIONAL GOALS.
   2. THE COMMISSIONER SHALL ENTER INTO AN AGREEMENT WITH  THE  PRESIDENT
 OF  THE DORMITORY AUTHORITY OF THE STATE OF NEW YORK PURSUANT TO SECTION
 SIXTEEN HUNDRED EIGHTY-R OF THE  PUBLIC  AUTHORITIES  LAW,  WHICH  SHALL
 APPLY  TO THIS AGREEMENT, SUBJECT TO THE APPROVAL OF THE DIRECTOR OF THE
 DIVISION OF THE BUDGET, FOR THE PURPOSES OF THE DISTRIBUTION AND  ADMIN-
 ISTRATION OF AVAILABLE FUNDS PURSUANT TO SUCH AGREEMENT, AND MADE AVAIL-
 ABLE  PURSUANT  TO  THIS  SECTION  AND  APPROPRIATION. SUCH FUNDS MAY BE
 AWARDED AND DISTRIBUTED BY THE DEPARTMENT  FOR  GRANTS  TO  HEALTH  CARE
 PROVIDERS  INCLUDING  BUT  NOT LIMITED TO, HOSPITALS, RESIDENTIAL HEALTH
 CARE FACILITIES, ADULT CARE FACILITIES LICENSED UNDER TITLE TWO OF ARTI-
 CLE SEVEN OF THE SOCIAL SERVICES LAW, DIAGNOSTIC AND  TREATMENT  CENTERS
 LICENSED  OR  GRANTED AN OPERATING CERTIFICATE UNDER THIS CHAPTER, CLIN-
 ICS, INCLUDING BUT NOT LIMITED TO THOSE LICENSED OR GRANTED AN OPERATING
 CERTIFICATE UNDER THIS CHAPTER OR THE  MENTAL  HYGIENE  LAW,  CHILDREN'S
 RESIDENTIAL  TREATMENT  FACILITIES  LICENSED UNDER ARTICLE THIRTY-ONE OF
 THE MENTAL HYGIENE LAW, ASSISTED LIVING PROGRAMS APPROVED BY THE DEPART-
 MENT PURSUANT TO SECTION FOUR HUNDRED SIXTY-ONE-L OF THE SOCIAL SERVICES
 LAW, BEHAVIORAL HEALTH  FACILITIES  LICENSED  OR  GRANTED  AN  OPERATING
 CERTIFICATE PURSUANT TO ARTICLES THIRTY-ONE AND THIRTY-TWO OF THE MENTAL
 HYGIENE  LAW,  HOME  CARE  PROVIDERS CERTIFIED OR LICENSED UNDER ARTICLE
 THIRTY-SIX OF THIS CHAPTER, PRIMARY CARE PROVIDERS, HOSPICES LICENSED OR
 GRANTED AN OPERATING CERTIFICATE PURSUANT TO ARTICLE FORTY OF THIS CHAP-
 TER, COMMUNITY-BASED PROGRAMS FUNDED UNDER THE OFFICE OF MENTAL  HEALTH,
 THE  OFFICE  OF  ADDICTION  SERVICES AND SUPPORTS, THE OFFICE FOR PEOPLE
 WITH DEVELOPMENTAL DISABILITIES, OR THROUGH LOCAL GOVERNMENTAL UNITS  AS
 DEFINED  UNDER  ARTICLE FORTY-ONE OF THE MENTAL HYGIENE LAW, INDEPENDENT
 PRACTICE ASSOCIATIONS OR ORGANIZATIONS, AND  RESIDENTIAL  FACILITIES  OR
 DAY  PROGRAM  FACILITIES  LICENSED  OR  GRANTED AN OPERATING CERTIFICATE
 UNDER ARTICLE SIXTEEN OF THE MENTAL HYGIENE LAW. A COPY OF  SUCH  AGREE-
 MENT, AND ANY AMENDMENTS THERETO, SHALL BE PROVIDED BY THE DEPARTMENT TO
 THE  CHAIR  OF  THE  SENATE FINANCE COMMITTEE, THE CHAIR OF THE ASSEMBLY
 WAYS AND MEANS COMMITTEE, AND THE DIRECTOR OF THE DIVISION OF THE BUDGET
 NO LATER THAN THIRTY DAYS AFTER SUCH AGREEMENT  IS  FINALIZED.  PROJECTS
 AWARDED,  IN  WHOLE OR PART, UNDER SECTIONS TWENTY-EIGHT HUNDRED TWENTY-
 FIVE-A AND TWENTY-EIGHT HUNDRED TWENTY-FIVE-B OF THIS ARTICLE SHALL  NOT
 BE ELIGIBLE FOR GRANTS OR AWARDS MADE AVAILABLE UNDER THIS SECTION.
   3.  NOTWITHSTANDING  SECTION  ONE  HUNDRED  SIXTY-THREE  OF  THE STATE
 FINANCE LAW, SECTIONS ONE HUNDRED FORTY-TWO AND ONE HUNDRED  FORTY-THREE
 OF THE ECONOMIC DEVELOPMENT LAW, OR ANY INCONSISTENT PROVISION OF LAW TO
 THE  CONTRARY, UP TO FIVE HUNDRED MILLION DOLLARS OF THE FUNDS APPROPRI-
 ATED FOR THIS PROGRAM SHALL BE AWARDED, WITHOUT  A  COMPETITIVE  BID  OR
 REQUEST  FOR  PROPOSAL  PROCESS, FOR GRANTS TO HEALTH CARE PROVIDERS, AS
 DEFINED IN SUBDIVISION TWO OF THIS SECTION. AWARDS MADE PURSUANT TO THIS
 SUBDIVISION SHALL PROVIDE FUNDING ONLY  FOR  CAPITAL  PROJECTS,  TO  THE
 EXTENT  LAWFUL  APPROPRIATION AND FUNDING IS AVAILABLE, TO BUILD INNOVA-
 TIVE, PATIENT-CENTERED MODELS OF  CARE,  INCREASE  ACCESS  TO  CARE,  TO
 IMPROVE  THE  QUALITY  OF CARE AND TO ENSURE FINANCIAL SUSTAINABILITY OF
 HEALTH CARE PROVIDERS.
 S. 4007                            161                           A. 3007
 
   4. NOTWITHSTANDING  SECTION  ONE  HUNDRED  SIXTY-THREE  OF  THE  STATE
 FINANCE  LAW, SECTIONS ONE HUNDRED FORTY-TWO AND ONE HUNDRED FORTY-THREE
 OF THE ECONOMIC DEVELOPMENT LAW, OR ANY INCONSISTENT PROVISION OF LAW TO
 THE CONTRARY, UP TO FIVE HUNDRED MILLION DOLLARS OF THE FUNDS  APPROPRI-
 ATED  FOR  THIS  PROGRAM  SHALL BE AWARDED, WITHOUT A COMPETITIVE BID OR
 REQUEST FOR PROPOSAL PROCESS, FOR TECHNOLOGICAL AND TELEHEALTH TRANSFOR-
 MATION PROJECTS.
   5. SELECTION OF AWARDS MADE BY THE DEPARTMENT PURSUANT TO SUBDIVISIONS
 THREE AND FOUR OF THIS SECTION SHALL  BE  CONTINGENT  ON  AN  EVALUATION
 PROCESS  ACCEPTABLE  TO THE COMMISSIONER AND APPROVED BY THE DIRECTOR OF
 THE DIVISION OF THE BUDGET. DISBURSEMENT OF AWARDS MAY BE CONTINGENT  ON
 THE  HEALTH  CARE PROVIDER AS DEFINED IN SUBDIVISION TWO OF THIS SECTION
 ACHIEVING CERTAIN PROCESS AND PERFORMANCE METRICS  AND  MILESTONES  THAT
 ARE STRUCTURED TO ENSURE THAT THE GOALS OF THE PROJECT ARE ACHIEVED.
   6.  THE  DEPARTMENT SHALL PROVIDE A REPORT ON A QUARTERLY BASIS TO THE
 CHAIRS OF THE SENATE FINANCE, ASSEMBLY WAYS AND MEANS,  AND  SENATE  AND
 ASSEMBLY HEALTH COMMITTEES, UNTIL SUCH TIME AS THE DEPARTMENT DETERMINES
 THAT  THE  PROJECTS  THAT  RECEIVE  FUNDING PURSUANT TO THIS SECTION ARE
 SUBSTANTIALLY COMPLETE. SUCH REPORTS SHALL BE SUBMITTED  NO  LATER  THAN
 SIXTY  DAYS  AFTER THE CLOSE OF THE QUARTER, AND SHALL INCLUDE, FOR EACH
 AWARD, THE NAME OF THE HEALTH CARE PROVIDER AS  DEFINED  IN  SUBDIVISION
 TWO OF THIS SECTION, A DESCRIPTION OF THE PROJECT OR PURPOSE, THE AMOUNT
 OF  THE  AWARD,  DISBURSEMENT DATE, AND STATUS OF ACHIEVEMENT OF PROCESS
 AND PERFORMANCE METRICS AND MILESTONES PURSUANT TO SUBDIVISION  FIVE  OF
 THIS SECTION.
   §  2.  This  act  shall take effect immediately and shall be deemed to
 have been in full force and effect on and after April 1, 2023.
 
                                  PART Q
 
   Section 1. Subdivision 2 of section 365-a of the social  services  law
 is amended by adding new paragraph (kk) to read as follows:
   (KK)   COMMUNITY HEALTH WORKER SERVICES FOR CHILDREN UNDER AGE TWENTY-
 ONE, AND FOR ADULTS WITH HEALTH-RELATED SOCIAL NEEDS, WHEN SUCH SERVICES
 ARE RECOMMENDED BY A PHYSICIAN OR OTHER HEALTH CARE PRACTITIONER AUTHOR-
 IZED UNDER TITLE EIGHT OF THE EDUCATION LAW, AND PROVIDED  BY  QUALIFIED
 COMMUNITY  HEALTH  WORKERS, AS DETERMINED BY THE COMMISSIONER OF HEALTH;
 PROVIDED, HOWEVER, THAT THE PROVISIONS OF THIS PARAGRAPH SHALL NOT  TAKE
 EFFECT  UNLESS  ALL NECESSARY APPROVALS UNDER FEDERAL LAW AND REGULATION
 HAVE BEEN OBTAINED TO RECEIVE FEDERAL  FINANCIAL  PARTICIPATION  IN  THE
 COSTS  OF  HEALTH  CARE  SERVICES  PROVIDED  PURSUANT TO THIS PARAGRAPH.
 NOTHING IN THIS PARAGRAPH SHALL BE CONSTRUED TO  MODIFY  ANY  LICENSURE,
 CERTIFICATION  OR  SCOPE  OF PRACTICE PROVISION UNDER TITLE EIGHT OF THE
 EDUCATION LAW.
   § 2. Clause (C) of subparagraph (ii) of paragraph (f)  of  subdivision
 2-a  of  section 2807 of the public health law, as amended by section 43
 of part B of chapter 58 of the laws of  2010,  is  amended  to  read  as
 follows:
   (C)  [individual  psychotherapy]  services provided by licensed social
 workers, LICENSED MENTAL HEALTH COUNSELORS  AND  LICENSED  MARRIAGE  AND
 FAMILY  THERAPISTS,  in  accordance with licensing criteria set forth in
 applicable regulations[, to persons under the age of twenty-one  and  to
 persons  requiring  such services as a result of or related to pregnancy
 or giving birth]; and
   § 3. This act shall take effect January 1, 2024.
 S. 4007                            162                           A. 3007
 
                                  PART R
 
   Section  1.  Subdivision 2 of section 365-a of the social services law
 is amended by adding two  new  paragraphs  (kk)  and  (ll)  to  read  as
 follows:
   (KK)  CARE  AND  SERVICES  OF  NUTRITIONISTS  AND DIETITIANS CERTIFIED
 PURSUANT TO ARTICLE ONE HUNDRED FIFTY-SEVEN OF THE EDUCATION LAW  ACTING
 WITHIN THEIR SCOPE OF PRACTICE.
   (LL) ARTHRITIS SELF-MANAGEMENT TRAINING SERVICES FOR PERSONS DIAGNOSED
 WITH  OSTEOARTHRITIS  WHEN  SUCH  SERVICES  ARE  ORDERED BY A PHYSICIAN,
 REGISTERED PHYSICIAN'S  ASSISTANT,  REGISTERED  NURSE  PRACTITIONER,  OR
 LICENSED  MIDWIFE  AND PROVIDED BY QUALIFIED EDUCATORS, AS DETERMINED BY
 THE COMMISSIONER OF HEALTH, PROVIDED, HOWEVER, THAT  THE  PROVISIONS  OF
 THIS  PARAGRAPH  SHALL  NOT  APPLY  UNLESS ALL NECESSARY APPROVALS UNDER
 FEDERAL LAW AND REGULATION HAVE BEEN OBTAINED TO RECEIVE FEDERAL  FINAN-
 CIAL  PARTICIPATION IN THE COSTS OF HEALTH CARE SERVICES PROVIDED PURSU-
 ANT TO THIS PARAGRAPH. NOTHING IN THIS PARAGRAPH SHALL BE  CONSTRUED  TO
 MODIFY ANY LICENSURE, CERTIFICATION OR SCOPE OF PRACTICE PROVISION UNDER
 TITLE EIGHT OF THE EDUCATION LAW.
   §  2.  Clause (A) of subparagraph (ii) of paragraph (f) of subdivision
 2-a of section 2807 of the public health law, as amended by  section  43
 of  part  B  of  chapter  58  of the laws of 2010, is amended to read as
 follows:
   (A) services provided in accordance with the provisions of  paragraphs
 (q)  [and],  (r),  AND  (LL) of subdivision two of section three hundred
 sixty-five-a of the social services law; and
   § 3. This act shall take effect July 1, 2023; provided, however,  that
 paragraph  (ll) of subdivision 2 of section 365-a of the social services
 law added by section one of this act and section two of this act,  shall
 take effect October 1, 2023.
 
                                  PART S
 
   Section  1. Subdivision 1 of section 3001 of the public health law, as
 amended by chapter 804 of the laws  of  1992,  is  amended  to  read  as
 follows:
   1.  "Emergency  medical  service"  means  [initial  emergency  medical
 assistance including, but not  limited  to,  the  treatment  of  trauma,
 burns,  respiratory,  circulatory and obstetrical emergencies] A COORDI-
 NATED SYSTEM OF HEALTHCARE DELIVERY THAT RESPONDS TO THE NEEDS  OF  SICK
 AND  INJURED  ADULTS  AND  CHILDREN, BY PROVIDING: ESSENTIAL CARE AT THE
 SCENE OF AN EMERGENCY, NON-EMERGENCY, SPECIALTY NEED  OR  PUBLIC  EVENT;
 COMMUNITY  EDUCATION  AND PREVENTION PROGRAMS; MOBILE INTEGRATED HEALTH-
 CARE PROGRAMS; GROUND AND AIR AMBULANCE SERVICES; CENTRALIZED ACCESS AND
 EMERGENCY MEDICAL DISPATCH;  TRAINING  FOR  EMERGENCY  MEDICAL  SERVICES
 PRACTITIONERS;  MEDICAL FIRST RESPONSE; MOBILE TRAUMA CARE SYSTEMS; MASS
 CASUALTY MANAGEMENT; MEDICAL DIRECTION; OR QUALITY  CONTROL  AND  SYSTEM
 EVALUATION PROCEDURES.
   §  2. Section 3002 of the public health law is amended by adding a new
 subdivision 1-a to read as follows:
   1-A. THE STATE EMERGENCY MEDICAL SERVICES  COUNCIL  SHALL  ADVISE  AND
 ASSIST  THE  COMMISSIONER ON SUCH ISSUES AS THE COMMISSIONER MAY REQUIRE
 RELATED TO THE PROVISION OF EMERGENCY MEDICAL SERVICE,  SPECIALTY  CARE,
 DESIGNATED  FACILITY  CARE,  AND  DISASTER  MEDICAL  CARE.    THIS SHALL
 INCLUDE, BUT SHALL NOT  BE  LIMITED  TO,  THE  RECOMMENDATION,  PERIODIC
 REVISION,  AND  APPLICATION  OF  RULES  AND REGULATIONS, APPROPRIATENESS
 S. 4007                            163                           A. 3007
 
 REVIEW STANDARDS, TREATMENT PROTOCOLS, WORKFORCE DEVELOPMENT, AND QUALI-
 TY IMPROVEMENT STANDARDS. THE STATE EMERGENCY MEDICAL  SERVICES  COUNCIL
 SHALL  MEET  AT  LEAST  THREE  TIMES  PER YEAR OR MORE FREQUENTLY AT THE
 REQUEST OF THE CHAIRPERSON OR DEPARTMENT AND APPROVED BY THE COMMISSION-
 ER.
   §  2-a.  Subdivision  1 of section 3002-a of the public health law, as
 amended by chapter 567 of the laws  of  2011,  is  amended  to  read  as
 follows:
   1.  There shall be a state emergency medical advisory committee of the
 state  emergency  medical  services  council  consisting  of  thirty-one
 members.  Twenty-three  members  shall  be  physicians  appointed by the
 commissioner, including one [nominated by]  MEMBER  FROM  each  regional
 emergency  medical  services  council,  an additional physician from the
 city of New York, one pediatrician, one trauma  surgeon,  one  [psychia-
 trist]  PHYSICIAN  AT  LARGE and the chairperson. Each of the physicians
 shall have demonstrated knowledge and experience  in  emergency  medical
 services.   There   shall  be  eight  non-physician  non-voting  members
 appointed by the chairperson of the state council, at least five of whom
 shall be members of the state emergency medical services council at  the
 time  of  their appointment. At least one of the eight shall be an emer-
 gency nurse, at least one shall be an advanced emergency medical techni-
 cian, at least one shall be a basic emergency medical technician, and at
 least one shall be employed in a hospital  setting  with  administrative
 responsibility for a hospital emergency department or service.
   §  3. Section 3003 of the public health law is amended by adding a new
 subdivision 1-a to read as follows:
   1-A. EACH REGIONAL EMERGENCY MEDICAL SERVICES COUNCIL SHALL ADVISE THE
 STATE EMERGENCY MEDICAL SERVICES COUNCIL AND DEPARTMENT ON  SUCH  ISSUES
 AS  THE  STATE  EMERGENCY  MEDICAL  SERVICES  COUNCIL  OR DEPARTMENT MAY
 REQUIRE, RELATED TO THE PROVISION OF EMERGENCY MEDICAL SERVICE, SPECIAL-
 TY CARE, DESIGNATED FACILITY CARE, AND DISASTER MEDICAL CARE, AND  SHALL
 CARRY  OUT  DUTIES  TO  ASSIST  IN THE REGIONAL COORDINATION OF SUCH, AS
 OUTLINED BY THE STATE EMERGENCY MEDICAL SERVICES COUNCIL  WITH  APPROVAL
 OF THE DEPARTMENT.
   §  4. The public health law is amended by adding a new section 3004 to
 read as follows:
   § 3004. EMERGENCY MEDICAL SERVICES SYSTEM AND AGENCY PERFORMANCE STAN-
 DARDS. 1. THE STATE EMERGENCY MEDICAL SERVICES COUNCIL, IN COLLABORATION
 AND WITH FINAL APPROVAL OF THE DEPARTMENT,  SHALL  CREATE  AN  EMERGENCY
 MEDICAL  SERVICES  SYSTEM  AND AGENCY PERFORMANCE STANDARDS (HEREINAFTER
 REFERRED TO AS "PERFORMANCE STANDARDS") FOR THE  PURPOSE  OF  SUSTAINING
 AND  EVOLVING A RELIABLE EMERGENCY MEDICAL SERVICES SYSTEM INCLUDING BUT
 NOT LIMITED TO EMERGENCY MEDICAL SERVICES AGENCIES AND ANY  FACILITY  OR
 AGENCY THAT DISPATCHES OR ACCEPTS EMERGENCY MEDICAL SERVICES RESOURCES.
   2.  THE PERFORMANCE STANDARDS MAY INCLUDE BUT SHALL NOT BE LIMITED TO:
 SAFETY INITIATIVES, EMERGENCY VEHICLE OPERATIONS, OPERATIONAL  COMPETEN-
 CIES,  PLANNING, TRAINING, ONBOARDING, WORKFORCE DEVELOPMENT AND ENGAGE-
 MENT, SURVEY RESPONSES, LEADERSHIP AND OTHER STANDARDS  AND  METRICS  AS
 DETERMINED  BY  THE  STATE  EMERGENCY  MEDICAL  SERVICES  COUNCIL,  WITH
 APPROVAL OF THE DEPARTMENT, TO PROMOTE POSITIVE PATIENT OUTCOMES,  SAFE-
 TY,  PROVIDER  RETENTION AND EMERGENCY MEDICAL SERVICES SYSTEM SUSTAINA-
 BILITY THROUGHOUT THE STATE.
   3. THE PERFORMANCE STANDARDS  SHALL  REQUIRE  EACH  EMERGENCY  MEDICAL
 SERVICES  AGENCY,  DISPATCH  AGENCY  OR  FACILITY THAT ACCEPTS EMERGENCY
 MEDICAL SERVICES RESOURCES TO PERFORM REGULAR AND PERIODIC REVIEW OF THE
 PERFORMANCE STANDARDS AND ITS METRICS, PERFORM  SURVEYS,  IDENTIFICATION
 S. 4007                            164                           A. 3007

 OF AGENCY DEFICIENCIES AND STRENGTHS, DEVELOPMENT OF PROGRAMS TO IMPROVE
 AGENCY  METRICS,  STRENGTHEN  SYSTEM  SUSTAINABILITY AND OPERATIONS, AND
 IMPROVE THE DELIVERY OF PATIENT CARE.
   4. THE DEPARTMENT, AFTER CONSULTATION WITH THE STATE EMERGENCY MEDICAL
 SERVICES  COUNCIL, MAY CONTRACT FOR SERVICES WITH SUBJECT MATTER EXPERTS
 TO ASSIST IN THE OVERSIGHT OF THE PERFORMANCE STANDARDS STATEWIDE.
   5. EMERGENCY MEDICAL SERVICES AGENCIES THAT DO NOT MEET  THE  PERFORM-
 ANCE  STANDARDS  SET FORTH IN THIS SECTION MAY BE SUBJECT TO ENFORCEMENT
 ACTIONS, INCLUDING BUT NOT LIMITED TO REVOCATION,  SUSPENSION,  PERFORM-
 ANCE  IMPROVEMENT  PLANS, OR RESTRICTION FROM SPECIFIC TYPES OF RESPONSE
 INCLUDING BUT NOT  LIMITED  TO  SUSPENSION  OF  ABILITY  TO  RESPOND  TO
 REQUESTS  FOR  EMERGENCY  MEDICAL  ASSISTANCE  OR  TO  PERFORM EMERGENCY
 MEDICAL SERVICES.
   § 5. The public health law is amended by adding a new section 3018  to
 read as follows:
   § 3018. STATEWIDE COMPREHENSIVE EMERGENCY MEDICAL SERVICE SYSTEM PLAN.
 1.  THE  STATE  EMERGENCY MEDICAL SERVICES COUNCIL, IN COLLABORATION AND
 WITH FINAL APPROVAL OF THE DEPARTMENT,  SHALL  DEVELOP  AND  MAINTAIN  A
 STATEWIDE COMPREHENSIVE EMERGENCY MEDICAL SERVICE SYSTEM PLAN THAT SHALL
 PROVIDE  FOR A COORDINATED EMERGENCY MEDICAL SERVICES SYSTEM IN NEW YORK
 STATE, INCLUDING BUT NOT LIMITED TO:
   (A) ESTABLISHING A COMPREHENSIVE STATEWIDE EMERGENCY  MEDICAL  SERVICE
 SYSTEM,  CONSISTING  OF  FACILITIES, TRANSPORTATION, WORKFORCE, COMMUNI-
 CATIONS, AND OTHER COMPONENTS, TO  IMPROVE  THE  DELIVERY  OF  EMERGENCY
 MEDICAL  SERVICES AND THEREBY DECREASE MORBIDITY, HOSPITALIZATION, DISA-
 BILITY, AND MORTALITY;
   (B) IMPROVING THE  ACCESSIBILITY  OF  HIGH-QUALITY  EMERGENCY  MEDICAL
 SERVICE;
   (C)  COORDINATING  PROFESSIONAL  MEDICAL ORGANIZATIONS, HOSPITALS, AND
 OTHER PUBLIC AND PRIVATE AGENCIES  IN  DEVELOPING  ALTERNATIVE  DELIVERY
 MODELS  WHEREBY  PERSONS  WHO ARE PRESENTLY USING THE EXISTING EMERGENCY
 DEPARTMENT FOR ROUTINE, NONURGENT, AND  PRIMARY  MEDICAL  CARE  WILL  BE
 SERVED APPROPRIATELY; AND
   (D)  CONDUCTING,  PROMOTING, AND ENCOURAGING PROGRAMS OF EDUCATION AND
 TRAINING DESIGNED TO UPGRADE  THE  KNOWLEDGE  AND  SKILLS  OF  EMERGENCY
 MEDICAL  SERVICE  PRACTITIONERS  TRAINING THROUGHOUT NEW YORK STATE WITH
 EMPHASIS ON REGIONS WITH LIMITED ACCESS TO  EMERGENCY  MEDICAL  SERVICES
 TRAINING.
   2.  THE  STATEWIDE COMPREHENSIVE EMERGENCY MEDICAL SERVICE SYSTEM PLAN
 SHALL BE REVIEWED, UPDATED IF NECESSARY, AND PUBLISHED EVERY FIVE  YEARS
 ON  THE  DEPARTMENT'S  WEBSITE,  OR AT SUCH TIMES AS MAY BE NECESSARY TO
 IMPROVE THE  EFFECTIVENESS  AND  EFFICIENCY  OF  THE  STATE'S  EMERGENCY
 MEDICAL SERVICE SYSTEM.
   3.  EACH REGIONAL EMERGENCY MEDICAL SERVICES COUNCIL SHALL DEVELOP AND
 MAINTAIN A COMPREHENSIVE REGIONAL EMERGENCY MEDICAL SERVICE SYSTEM  PLAN
 OR  ADOPT  THE  STATEWIDE COMPREHENSIVE EMERGENCY MEDICAL SERVICE SYSTEM
 PLAN, TO PROVIDE FOR A  COORDINATED  EMERGENCY  MEDICAL  SERVICE  SYSTEM
 WITHIN  THE  REGION. SUCH PLANS SHALL BE WRITTEN IN A FORMAT APPROVED BY
 THE STATE EMERGENCY MEDICAL SERVICES COUNCIL. FURTHER, SUCH PLANS  SHALL
 BE  SUBJECT  TO  REVIEW  AND  APPROVAL  BY  THE  STATE EMERGENCY MEDICAL
 SERVICES COUNCIL AND FINAL APPROVAL BY THE DEPARTMENT.
   4. EACH COUNTY SHALL DEVELOP AND MAINTAIN A COMPREHENSIVE COUNTY EMER-
 GENCY MEDICAL SERVICE SYSTEM PLAN THAT SHALL PROVIDE FOR  A  COORDINATED
 EMERGENCY MEDICAL SERVICE SYSTEM WITHIN THE COUNTY, TO PROVIDE ESSENTIAL
 EMERGENCY  MEDICAL  SERVICES  FOR  ALL RESIDENTS WITHIN THE COUNTY. SUCH
 PLAN SHALL BE WRITTEN IN  A  FORMAT  APPROVED  BY  THE  STATE  EMERGENCY
 S. 4007                            165                           A. 3007
 
 MEDICAL  SERVICES  COUNCIL.  THE  COUNTY  OFFICE  OF  EMERGENCY  MEDICAL
 SERVICES SHALL BE RESPONSIBLE FOR THE DEVELOPMENT,  IMPLEMENTATION,  AND
 MAINTENANCE OF THE COMPREHENSIVE COUNTY EMERGENCY MEDICAL SERVICE SYSTEM
 PLAN.    SUCH PLANS, AS DETERMINED BY THE DEPARTMENT AND THE STATE EMER-
 GENCY MEDICAL SERVICES COUNCIL, MAY REQUIRE REVIEW AND APPROVAL  BY  THE
 REGIONAL EMERGENCY MEDICAL SERVICES COUNCIL, THE STATE EMERGENCY MEDICAL
 SERVICES  COUNCIL  AND  THE DEPARTMENT. SUCH   PLAN  SHALL  OUTLINE  THE
 PRIMARY RESPONDING EMERGENCY MEDICAL SERVICES AGENCY  FOR  REQUESTS  FOR
 SERVICE FOR EACH PART OF THE COUNTY.
   §  6. The public health law is amended by adding a new section 3019 to
 read as follows:
   § 3019. EMERGENCY MEDICAL SERVICE  TRAINING  PROGRAMS.  1.  THE  STATE
 EMERGENCY  MEDICAL  SERVICES  COUNCIL  SHALL MAKE RECOMMENDATIONS TO THE
 DEPARTMENT FOR THE DEPARTMENT TO  IMPLEMENT  STANDARDS  RELATED  TO  THE
 ESTABLISHMENT OF TRAINING PROGRAMS FOR EMERGENCY MEDICAL SERVICE SYSTEMS
 THAT  INCLUDES BUT IS NOT LIMITED TO STUDENTS, EMERGENCY MEDICAL SERVICE
 PRACTITIONERS, EMERGENCY MEDICAL SERVICES AGENCIES, APPROVED EDUCATIONAL
 INSTITUTIONS, GEOGRAPHIC  AREAS,  FACILITIES,  AND  PERSONNEL,  AND  THE
 COMMISSIONER  SHALL FUND SUCH TRAINING PROGRAMS IN FULL OR IN PART BASED
 ON STATE APPROPRIATIONS. UNTIL SUCH TIME AS THE DEPARTMENT ANNOUNCES THE
 STANDARDS FOR TRAINING PROGRAMS PURSUANT TO THIS  SECTION,  ALL  CURRENT
 STANDARDS, CURRICULUMS, AND REQUIREMENTS FOR STUDENTS, EMERGENCY MEDICAL
 SERVICE  PRACTITIONERS, AGENCIES, FACILITIES, AND PERSONNEL SHALL REMAIN
 IN EFFECT.
   2. THE STATE EMERGENCY MEDICAL SERVICES COUNCIL, WITH  FINAL  APPROVAL
 OF  THE DEPARTMENT, SHALL ESTABLISH MINIMUM EDUCATION STANDARDS, CURRIC-
 ULUMS, PERFORMANCE METRICS AND REQUIREMENTS FOR  ALL  EMERGENCY  MEDICAL
 SYSTEM  EDUCATIONAL  INSTITUTIONS.  NO PERSON OR EDUCATIONAL INSTITUTION
 SHALL PROFESS TO PROVIDE EMERGENCY  MEDICAL  SERVICES  TRAINING  WITHOUT
 MEETING THE REQUIREMENTS SET FORTH IN REGULATION AND ONLY AFTER APPROVAL
 OF THE DEPARTMENT AND IN THE GEOGRAPHICAL AREA DETERMINED BY THE DEPART-
 MENT.
   3. THE DEPARTMENT IS AUTHORIZED TO PROVIDE, EITHER DIRECTLY OR THROUGH
 CONTRACT,  FOR  LOCAL OR STATEWIDE INITIATIVES, EMERGENCY MEDICAL SYSTEM
 TRAINING FOR  EMERGENCY  MEDICAL  SERVICE  PRACTITIONERS  AND  EMERGENCY
 MEDICAL  SERVICES  AGENCY  PERSONNEL,  USING  FUNDING  INCLUDING BUT NOT
 LIMITED TO ALLOCATIONS  TO  AID  TO  LOCALITIES  FOR  EMERGENCY  MEDICAL
 SERVICES TRAINING.
   4.  THE  DEPARTMENT MAY VISIT AND INSPECT ANY EMERGENCY MEDICAL SYSTEM
 TRAINING PROGRAM OR TRAINING CENTER  OPERATING  UNDER  THIS  ARTICLE  TO
 ENSURE  COMPLIANCE  WITH  ALL  APPLICABLE REGULATIONS AND STANDARDS. THE
 DEPARTMENT MAY REQUEST THE STATE OR REGIONAL EMERGENCY MEDICAL  SERVICES
 COUNCIL'S  ASSISTANCE TO ENSURE THE COMPLIANCE, MAINTENANCE, AND COORDI-
 NATION OF TRAINING PROGRAMS. THE DEPARTMENT, IN  CONSULTATION  WITH  THE
 STATE  EMERGENCY  MEDICAL  SERVICES COUNCIL, MAY SET STANDARDS AND REGU-
 LATIONS FOR EMERGENCY MEDICAL SERVICES EDUCATIONAL INSTITUTIONS.   EMER-
 GENCY MEDICAL SERVICES EDUCATIONAL INSTITUTIONS THAT FAIL TO MEET APPLI-
 CABLE  STANDARDS  AND  REGULATIONS MAY BE SUBJECT TO ENFORCEMENT ACTION,
 INCLUDING  BUT  NOT  LIMITED  TO  REVOCATION,  SUSPENSION,   PERFORMANCE
 IMPROVEMENT PLANS, OR RESTRICTION FROM SPECIFIC TYPES OF EDUCATION.
   5.  STUDENTS  OF AN EMERGENCY MEDICAL SERVICES EDUCATIONAL INSTITUTION
 AUTHORIZED PURSUANT TO  THIS  SECTION,  SHALL  BE  CONSIDERED  EMERGENCY
 MEDICAL  SERVICES  STUDENTS  AND SUBJECT TO THE STANDARDS ESTABLISHED IN
 THIS ARTICLE, REGULATIONS PROMULGATED PURSUANT TO THIS ARTICLE  AND  ALL
 APPLICABLE  STANDARDS,  AS  IF  THEY  WERE  A LICENSED EMERGENCY MEDICAL
 SERVICES PRACTITIONER AND MAY BE SUBJECT TO ENFORCEMENT ACTION AS SUCH.
 S. 4007                            166                           A. 3007
 
   § 7. Section 3012 of the public health law is amended by adding a  new
 subdivision 5 to read as follows:
   5.  IT  SHALL  BE A VIOLATION OF THIS CHAPTER, SUBJECT TO CIVIL PENAL-
 TIES, FOR ANY PERSON TO HOLD THEMSELVES  OUT  AS  AN  EMERGENCY  MEDICAL
 SERVICES  PRACTITIONER  WHO IS NOT DESIGNATED BY THE DEPARTMENT PURSUANT
 TO THIS ARTICLE OR OTHERWISE LAWFULLY AUTHORIZED, TO  PROVIDE  EMERGENCY
 MEDICAL  SERVICES,  OR TO ATTEMPT TO BECOME AN EMERGENCY MEDICAL PRACTI-
 TIONER IN AN UNLAWFUL OR UNETHICAL MANNER.
   § 8. The public health law is amended by adding a new section 3020  to
 read as follows:
   §  3020.  RECRUITMENT AND RETENTION. 1.  THE COMMISSIONER SHALL ESTAB-
 LISH AND FUND WITHIN AMOUNTS APPROPRIATED, A PUBLIC SERVICE CAMPAIGN  TO
 RECRUIT ADDITIONAL PERSONNEL INTO THE EMERGENCY MEDICAL SYSTEM FIELDS.
   2.  THE COMMISSIONER SHALL ESTABLISH AND FUND WITHIN AMOUNTS APPROPRI-
 ATED AN EMERGENCY MEDICAL SYSTEM MENTAL HEALTH AND WELLNESS PROGRAM THAT
 PROVIDES RESOURCES TO EMERGENCY MEDICAL SERVICE PRACTITIONERS.
   3.  THE COMMISSIONER MAY ESTABLISH IN  REGULATION  STANDARDS  FOR  THE
 LICENSURE  OF EMERGENCY MEDICAL SERVICES PRACTITIONERS BY THE DEPARTMENT
 OF HEALTH.
   4. THE DEPARTMENT, WITH THE APPROVAL OF THE  STATE  EMERGENCY  MEDICAL
 SERVICES  COUNCIL,  MAY  CREATE OR ADOPT ADDITIONAL STANDARDS, TRAINING,
 AND CRITERIA TO BECOME AN EMERGENCY MEDICAL SERVICE PRACTITIONER CREDEN-
 TIALED TO PROVIDE SPECIALIZED, ADVANCED, OR OTHER SERVICES THAT  FURTHER
 SUPPORT  OR  ADVANCE  THE EMERGENCY MEDICAL SYSTEM. THE DEPARTMENT, WITH
 APPROVAL OF THE STATE EMERGENCY MEDICAL SERVICES COUNCIL  MAY  ALSO  SET
 STANDARDS AND REQUIREMENTS TO REQUIRE SPECIALIZED CREDENTIALS TO PERFORM
 CERTAIN FUNCTIONS IN THE EMERGENCY MEDICAL SERVICES SYSTEM.
   5.  THE  DEPARTMENT,  WITH  APPROVAL  OF  THE  STATE EMERGENCY MEDICAL
 SERVICES COUNCIL MAY ALSO SET STANDARDS  FOR  EMERGENCY  MEDICAL  SYSTEM
 AGENCIES  TO  BECOME  ACCREDITED  IN  A SPECIFIC AREA TO INCREASE SYSTEM
 PERFORMANCE AND AGENCY RECOGNITION.
   § 9. Section 3008 of the public health  law  is  REPEALED  and  a  new
 section 3008 is added to read as follows:
   § 3008. APPLICATIONS FOR NEW OR MODIFIED OPERATING AUTHORITY. 1. EVERY
 APPLICATION  FOR  NEW  OR  MODIFIED OPERATING AUTHORITY SHALL BE MADE IN
 WRITING TO THE STATE EMERGENCY MEDICAL SERVICES COUNCIL AND SHALL SPECI-
 FY THE PRIMARY TERRITORY WITHIN WHICH THE APPLICANT REQUESTS TO OPERATE,
 BE VERIFIED UNDER OATH, AND SHALL BE  IN  SUCH  FORM  AND  CONTAIN  SUCH
 INFORMATION  AS REQUIRED BY THE RULES AND REGULATIONS PROMULGATED PURSU-
 ANT TO THIS ARTICLE.
   2. NOTICE OF THE APPLICATION SHALL BE  FORWARDED  TO  THE  APPROPRIATE
 REGIONAL EMERGENCY MEDICAL SERVICES COUNCIL.
   3.  ALL DETERMINATIONS OF NEW OR MODIFIED OPERATING AUTHORITY SHALL BE
 MADE BY THE STATE  EMERGENCY  MEDICAL  SERVICES  COUNCIL  AND  SHALL  BE
 CONSISTENT  WITH  THE  STATE  EMERGENCY MEDICAL SYSTEM PLAN, ONCE ESTAB-
 LISHED PURSUANT TO SECTION THREE THOUSAND EIGHTEEN OF THIS ARTICLE.  THE
 DEPARTMENT MAY PROMULGATE REGULATIONS TO PROVIDE FOR STANDARDS FOR EVAL-
 UATION  OF  NEW  OR  MODIFIED  OPERATING  AUTHORITY, AND THE PROCESS FOR
 DETERMINATION OF OPERATING AUTHORITY SHALL  BE  APPROVED  BY  THE  STATE
 EMERGENCY MEDICAL SERVICES COUNCIL AND CARRIED OUT THEREAFTER.
   4.  THE  STATE  EMERGENCY  MEDICAL  SERVICES  COUNCIL MAY CREATE A NEW
 COMMITTEE TO HEAR AND MAKE DETERMINATIONS ON ALL  REQUESTS  FOR  NEW  OR
 MODIFIED  OPERATING  AUTHORITY. SUCH COMMITTEE SHALL BE COMPRISED OF ONE
 STATE EMERGENCY MEDICAL COUNCIL  MEMBER  FROM  EACH  REGIONAL  EMERGENCY
 MEDICAL SERVICES COUNCIL.
 S. 4007                            167                           A. 3007
 
   5.  IF THE STATE EMERGENCY MEDICAL SERVICES COUNCIL PROPOSES TO DISAP-
 PROVE AN APPLICATION UNDER THIS SECTION, IT SHALL AFFORD  THE  APPLICANT
 AN  OPPORTUNITY TO REQUEST A PUBLIC HEARING. THE STATE EMERGENCY MEDICAL
 SERVICES COUNCIL MAY HOLD A PUBLIC HEARING ON THE APPLICATION ON ITS OWN
 MOTION.    ANY  PUBLIC  HEARING HELD PURSUANT TO THIS SUBDIVISION MAY BE
 CONDUCTED BY THE STATE EMERGENCY MEDICAL SERVICES  COUNCIL,  OR  BY  ANY
 INDIVIDUAL DESIGNATED BY THE STATE EMERGENCY MEDICAL SERVICES COUNCIL.
   6.  NOTWITHSTANDING  THE  PROVISIONS  OF SUBDIVISIONS ONE AND THREE OF
 THIS SECTION,  DURING  AN  EMERGENCY  THE  COMMISSIONER  MAY  WAIVE  THE
 REQUIREMENT  FOR  A  DETERMINATION  OF  OPERATING  AUTHORITY AND ISSUE A
 TEMPORARY EMERGENCY MEDICAL SYSTEM AGENCY CERTIFICATE.
   7. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISIONS  ONE  AND  THREE  OF
 THIS  SECTION, THE COMMISSIONER MAY WAIVE THE REQUIREMENT FOR A DETERMI-
 NATION OF OPERATING AUTHORITY AND ISSUE A MUNICIPALITY,  SPECIAL  TAXING
 DISTRICT,  GOVERNMENT AGENCY OR NATIVE AMERICAN TRIBAL COUNCIL, AN EMER-
 GENCY MEDICAL SYSTEM AGENCY CERTIFICATE, PROVIDED THE ISSUANCE  OF  SUCH
 CERTIFICATE IS FINANCIALLY SUPPORTED BY THE MUNICIPALITY, SPECIAL TAXING
 DISTRICT, GOVERNMENT AGENCY OR NATIVE AMERICAN TRIBAL COUNCIL.
   § 10. Section 3032 of the public health law is REPEALED.
   §  11.  The  public  health  law is amended by adding six new sections
 3032, 3033, 3034, 3035, 3036 and 3037 to read as follows:
   § 3032. MOBILE INTEGRATED HEALTHCARE.  1. "MOBILE  INTEGRATED  HEALTH-
 CARE"  MEANS  THE  PROVISION  OF PATIENT-CENTERED MOBILE RESOURCES WHICH
 INCLUDES A WELL-ORGANIZED SYSTEM OF SERVICES TO ADDRESS HEALTHCARE  GAPS
 AND DECREASE DEMAND ON PORTIONS OF THE HEALTHCARE SYSTEM IDENTIFIED BY A
 COMMUNITY  NEEDS ASSESSMENT, INTEGRATED INTO THE LOCAL HEALTHCARE SYSTEM
 WORKING IN A COLLABORATIVE MANNER  AS  A  PATIENT  CARE  TEAM  THAT  MAY
 INCLUDE,  BUT NOT LIMITED TO, PHYSICIANS, MID-LEVEL PRACTITIONERS, NURS-
 ES, HOME CARE AGENCIES, EMERGENCY MEDICAL SERVICES PRACTITIONERS,  EMER-
 GENCY   MEDICAL  SERVICES  AGENCIES  AND  OTHER  COMMUNITY  HEALTH  TEAM
 COLLEAGUES, TO MEET THE NEEDS OF THE COMMUNITY.
   2. EMERGENCY MEDICAL SERVICE AGENCIES MAY  ESTABLISH  A  MOBILE  INTE-
 GRATED  HEALTHCARE PROGRAM, PROVIDED THEY MEET ALL STANDARDS ESTABLISHED
 BY THE DEPARTMENT, THAT THE DELIVERY OF SUCH SERVICES IN FULL OR IN PART
 WILL NOT DECREASE THE AGENCY'S ABILITY TO RESPOND TO REQUESTS FOR  EMER-
 GENCY  ASSISTANCE  AND  THE  AGENCY  RECEIVES  EXPRESS APPROVAL FROM THE
 DEPARTMENT. THE DEPARTMENT MAY REVOKE OR SUSPEND  AN  EMERGENCY  MEDICAL
 SERVICE  AGENCY'S  APPROVAL  TO  PROVIDE  A MOBILE INTEGRATED HEALTHCARE
 PROGRAM IF THE DEPARTMENT FINDS THAT ONE OR MORE  STANDARDS  ESTABLISHED
 BY  THE  DEPARTMENT  HAVE NOT BEEN MET. THE DEPARTMENT, IN COLLABORATION
 WITH THE STATE  EMERGENCY  MEDICAL  SERVICES  COUNCIL,  SHALL  ESTABLISH
 CRITERIA AND STANDARDS FOR THE OPERATION OF MOBILE INTEGRATED HEALTHCARE
 PROGRAMS  AND MOBILE INTEGRATED HEALTHCARE PROGRAMS SHALL ADHERE TO SUCH
 CRITERIA AND STANDARDS.
   3. NOTWITHSTANDING SECTIONS SIXTY-FIVE HUNDRED TWENTY-ONE  AND  SIXTY-
 NINE  HUNDRED  TWO  OF  THE EDUCATION LAW, AN EMERGENCY MEDICAL SERVICES
 PRACTITIONER, LICENSED PURSUANT TO THIS ARTICLE, SHALL BE AUTHORIZED  TO
 ADMINISTER  IMMUNIZATIONS  PURSUANT TO A PATIENT SPECIFIC OR NON-PATIENT
 SPECIFIC STANDING REGIMEN ORDERED BY A LICENSED PHYSICIAN  AND  PURSUANT
 TO PROTOCOLS ADOPTED BY THE STATE EMERGENCY MEDICAL SERVICES COUNCIL AND
 ANY STANDARDS ESTABLISHED BY THE DEPARTMENT.
   4.  NOTWITHSTANDING  SECTIONS SIXTY-FIVE HUNDRED TWENTY-ONE AND SIXTY-
 NINE HUNDRED TWO OF THE EDUCATION LAW,  AN  EMERGENCY  MEDICAL  SERVICES
 PRACTITIONER,  LICENSED  PURSUANT  TO THIS ARTICLE, MAY BE AUTHORIZED BY
 THE DEPARTMENT TO ADMINISTER BUPRENORPHINE  PURSUANT  TO  A  NON-PATIENT
 SPECIFIC  STANDING  REGIMEN ORDERED BY A LICENSED PHYSICIAN AND PURSUANT
 S. 4007                            168                           A. 3007
 
 TO PROTOCOLS ADOPTED BY THE STATE EMERGENCY MEDICAL SERVICES COUNCIL AND
 ANY STANDARDS ESTABLISHED BY THE DEPARTMENT.
   §  3033.  REGIONAL  EMERGENCY MEDICAL SERVICE DISTRICT. 1. A "REGIONAL
 EMERGENCY MEDICAL SERVICE DISTRICT" MEANS A SPECIAL DISTRICT AS  DEFINED
 IN  SUBDIVISION  SIXTEEN OF SECTION ONE HUNDRED TWO OF THE REAL PROPERTY
 TAX LAW CREATED FOR THE PURPOSE OF ENSURING THE  ESSENTIAL  SERVICES  OF
 EMERGENCY MEDICAL CARE, COORDINATING THE EMERGENCY MEDICAL SYSTEM WITHIN
 THE  DISTRICT  AND PROVIDING WHEN NEEDED EMERGENCY MEDICAL SERVICES ON A
 REGIONAL BASIS EITHER DIRECTLY OR THROUGH CONTRACT WITH BUT NOT  LIMITED
 TO   TOWNS,  COUNTIES,  MUNICIPALITIES,  LICENSED  AMBULANCE  AND  FIRST
 RESPONSE AGENCIES, AIR MEDICAL PROVIDERS AND OTHERS AS DETERMINED BY THE
 DISTRICT COUNCIL. THERE SHALL BE TEN REGIONAL  SERVICE  DISTRICTS  WHICH
 WILL  CORRESPOND  TO  ECONOMIC  DEVELOPMENT  REGIONS  AS  ESTABLISHED IN
 SECTION TWO HUNDRED THIRTY OF THE  ECONOMIC  DEVELOPMENT  LAW  THAT  ARE
 ESTABLISHED IN ALL AREAS OF THE STATE AND OPERATE UNDER THE DIRECTION OF
 THE DEPARTMENT.
   2. A GROUP OF FIVE EMERGENCY MEDICAL SERVICE PROVIDERS IN EACH REGION,
 WITH NOMINATIONS MADE FROM ANYONE IN THE DISTRICT AND APPOINTMENT BY THE
 COMMISSIONER,  SHALL  ACT  AS  A COUNCIL TO DIRECT THE OPERATIONS OF THE
 EMERGENCY MEDICAL SERVICES SYSTEM IN THEIR  REGION.  NO  LESS  THAN  ONE
 MEMBER  OF THE COUNCIL SHALL BE A LICENSED PHYSICIAN WHO IS BOARD CERTI-
 FIED IN EMERGENCY MEDICINE OR EMERGENCY MEDICAL SERVICES AND HAS EXPERI-
 ENCE WORKING  WITH  EMERGENCY  MEDICAL  SERVICES  ORGANIZATIONS,  UNLESS
 OTHERWISE DETERMINED BY THE COMMISSIONER. THE DEPARTMENT SHALL ESTABLISH
 TERM LIMITS IN REGULATION.
   3.  AN  EMERGENCY  MEDICAL  SERVICE  PRACTITIONER,  NOMINATED  BY  THE
 REGIONAL EMERGENCY MEDICAL SERVICE DISTRICT COUNCIL AND APPOINTED BY THE
 COMMISSIONER, SHALL BE THE REGIONAL EMERGENCY MEDICAL  SERVICE  DISTRICT
 DIRECTOR  AND  SHALL  BE CHARGED WITH CARRYING OUT THE ADMINISTRATION OF
 THE REGIONAL EMERGENCY MEDICAL SERVICE DISTRICT WHEN THE COUNCIL IS  NOT
 IN SESSION.
   4.  A  PHYSICIAN  BOARD  CERTIFIED  IN EMERGENCY MEDICINE OR EMERGENCY
 MEDICAL SERVICES AND WHO HAS EXPERIENCE WORKING WITH  EMERGENCY  MEDICAL
 SERVICES  ORGANIZATIONS,  NOMINATED  BY  THE  REGIONAL EMERGENCY MEDICAL
 SERVICE DISTRICT COUNCIL AND APPOINTED BY THE COMMISSIONER, SHALL BE THE
 REGIONAL EMERGENCY MEDICAL SERVICES MEDICAL DIRECTOR. THE REGIONAL EMER-
 GENCY MEDICAL SERVICES MEDICAL DIRECTOR SHALL  REPORT  TO  THE  DISTRICT
 DIRECTOR  OR THEIR DESIGNEE, AND SHALL BE CHARGED WITH PROVIDING MEDICAL
 DIRECTION OVERSIGHT AND QUALITY  ASSURANCE  TO  THE  REGIONAL  EMERGENCY
 MEDICAL SERVICE DISTRICT.
   5.  THE  REGIONAL  EMERGENCY  MEDICAL SERVICES DISTRICTS SHALL OPERATE
 UNDER THE DIRECTION AND OVERSIGHT OF THE DEPARTMENT TO ENSURE THE  EMER-
 GENCY  MEDICAL  SERVICES  SYSTEM  IS  RELIABLE, SUSTAINABLE AND PROVIDES
 QUALITY CARE TO THE RESIDENTS, COMMUTERS AND VISITORS OF THE DISTRICT.
   § 3034. STATE EMERGENCY MEDICAL SERVICES TASK FORCE. 1. THE DEPARTMENT
 SHALL DEVELOP A STATE EMERGENCY MEDICAL SERVICES (EMS) TASK FORCE, OPER-
 ATED BY THE DEPARTMENT, THAT MAY COORDINATE AND OPERATE  RESOURCES  THAT
 ARE  NEEDED  AROUND THE STATE IN SITUATIONS SUCH AS BUT NOT LIMITED TO A
 DISASTER, LARGE EVENT, SPECIALIZED RESPONSE, COMMUNITY  NEED,  OR  OTHER
 NEED AS DETERMINED BY THE COMMISSIONER.
   2.  THE  STATE  EMS  TASK FORCE SHALL BE MADE UP OF NON-GOVERNMENT AND
 GOVERNMENT AGENCIES, THAT ARE  LICENSED  TO  PROVIDE  EMERGENCY  MEDICAL
 SERVICES  IN THE STATE INCLUDING BUT NOT LIMITED TO COMMERCIAL AGENCIES,
 NONPROFITS, FIRE DEPARTMENTS AND THIRD SERVICES.
   3. THE DEPARTMENT WILL ALLOCATE FUNDS TO EFFECTUATE  THE  DELIVERY  OF
 THE  STATE  EMS TASK FORCE THAT WILL ALLOW FOR CONTRACTING WITH LICENSED
 S. 4007                            169                           A. 3007
 
 EMERGENCY  MEDICAL  SERVICES  AGENCIES,  THE  PURCHASE  OF   SPECIALIZED
 RESPONSE  EQUIPMENT, STAFF TO CARRY OUT THE DAILY FUNCTIONS OF THE STATE
 EMS TASK FORCE EITHER DIRECTLY OR BY CONTRACT  AND  OTHER  FUNCTIONS  AS
 DETERMINED BY THE DEPARTMENT.
   4. THE STATE EMERGENCY MEDICAL SERVICES COUNCIL SHALL MAKE RECOMMENDA-
 TIONS  TO  THE  DEPARTMENT TO EFFECTUATE THE DEVELOPMENT AND DELIVERY OF
 CARE BY THE STATE EMS TASK FORCE.
   5. THE STATE EMS TASK  FORCE  SHALL  HAVE  THE  AUTHORITY  TO  OPERATE
 THROUGHOUT  NEW YORK STATE OR OUTSIDE OF THE STATE WITH PRIOR PERMISSION
 OF THE COMMISSIONER. NOTWITHSTANDING ANY LAW TO THE CONTRARY,  CONTRACTS
 LET  BY  THE  STATE  EMS  TASK  FORCE  SHALL BE EXEMPT FROM SECTIONS ONE
 HUNDRED TWELVE AND ONE HUNDRED SIXTY-THREE OF THE STATE FINANCE LAW.
   § 3035. DEMONSTRATION PROJECTS. THE DEPARTMENT, IN  CONSULTATION  WITH
 THE  STATE  EMERGENCY  MEDICAL SERVICES COUNCIL, MAY ALLOW DEMONSTRATION
 PROJECTS RELATED TO THE EMERGENCY  MEDICAL  SYSTEM.  SUCH  DEMONSTRATION
 PROJECTS MAY ALLOW FOR WAIVERS OF CERTAIN PARTS OF THIS ARTICLE, ARTICLE
 THIRTY-A  OF  THIS  CHAPTER,  AND  APPLICABLE  REGULATIONS, PROVIDED THE
 DEMONSTRATION PROJECT MEETS ANY APPLICABLE STANDARDS SET  FORTH  BY  THE
 DEPARTMENT.
   §  3036.  EMERGENCY  MEDICAL SYSTEM SUPPORT SERVICES. THE COMMISSIONER
 MAY PROMULGATE REGULATIONS, WITH THE APPROVAL  OF  THE  STATE  EMERGENCY
 MEDICAL  SERVICES  COUNCIL, TO SET STANDARDS AND CRITERIA FOR BASIC LIFE
 SUPPORT FIRST RESPONSE AGENCIES, EMERGENCY MEDICAL DISPATCH, AND SPECIAL
 EVENT SERVICES, TO STRENGTHEN  THE  EMERGENCY  MEDICAL  SERVICE  SYSTEM.
 THESE  ORGANIZATIONS SHALL NOT BE REQUIRED TO MEET THE STANDARDS SET FOR
 DETERMINATION OF OPERATING AUTHORITY AS OUTLINED IN SECTION THREE  THOU-
 SAND  EIGHT  OF  THIS  ARTICLE  UNLESS OTHERWISE DETERMINED BY THE STATE
 EMERGENCY MEDICAL SERVICES COUNCIL AND APPROVED BY THE DEPARTMENT.
   § 3037. RULES AND REGULATIONS. THE COMMISSIONER, UPON APPROVAL OF  THE
 STATE EMERGENCY MEDICAL SERVICES COUNCIL, MAY PROMULGATE RULES AND REGU-
 LATIONS TO EFFECTUATE THE PURPOSES OF THIS ARTICLE.
   §  12.  Section  6909  of the education law is amended by adding a new
 subdivision 11 to read as follows:
   11. A CERTIFIED NURSE PRACTITIONER MAY PRESCRIBE AND ORDER  A  NON-PA-
 TIENT  SPECIFIC  REGIMEN  TO  AN EMERGENCY MEDICAL SERVICES PRACTITIONER
 LICENSED BY THE DEPARTMENT OF HEALTH PURSUANT TO ARTICLE THIRTY  OF  THE
 PUBLIC  HEALTH  LAW,  PURSUANT TO REGULATIONS PROMULGATED BY THE COMMIS-
 SIONER, AND CONSISTENT WITH THE PUBLIC  HEALTH  LAW,  FOR  ADMINISTERING
 IMMUNIZATIONS.  NOTHING  IN  THIS SUBDIVISION SHALL AUTHORIZE UNLICENSED
 PERSONS TO ADMINISTER IMMUNIZATIONS, VACCINES OR OTHER DRUGS.
   § 13. Section 6527 of the education law is amended  by  adding  a  new
 subdivision 11 to read as follows:
   11. A LICENSED PHYSICIAN MAY PRESCRIBE AND ORDER A NON-PATIENT SPECIF-
 IC REGIMEN TO AN EMERGENCY MEDICAL SERVICES PRACTITIONER LICENSED BY THE
 DEPARTMENT  OF  HEALTH  PURSUANT  TO ARTICLE THIRTY OF THE PUBLIC HEALTH
 LAW, PURSUANT  TO  REGULATIONS  PROMULGATED  BY  THE  COMMISSIONER,  AND
 CONSISTENT  WITH THE PUBLIC HEALTH LAW, FOR ADMINISTERING IMMUNIZATIONS.
 NOTHING IN THIS SUBDIVISION SHALL AUTHORIZE UNLICENSED PERSONS TO ADMIN-
 ISTER IMMUNIZATIONS, VACCINES OR OTHER DRUGS.
   § 14. This act shall take effect immediately; provided, however,  that
 section  3033  of  the  public health law, as added by section eleven of
 this act, shall take effect on the ninetieth day  after  it  shall  have
 become a law.
 
                                  PART T
 S. 4007                            170                           A. 3007
 
   Section  1.  The  public health law is amended by adding a new section
 1377 to read as follows:
   §  1377.  STATE  RENTAL REGISTRY AND PROACTIVE INSPECTIONS TO IDENTIFY
 LEAD HAZARDS. 1. THE DEPARTMENT SHALL DEVELOP A REGISTRY FOR  ALL  RESI-
 DENTIAL DWELLINGS WITH TWO OR MORE UNITS BUILT PRIOR TO NINETEEN HUNDRED
 EIGHTY  WHICH,  BY  VIRTUE  OF  THEIR  MUNICIPAL ZONING DESIGNATION, ARE
 POTENTIALLY ELIGIBLE FOR RENTAL, LEASE,  LET  OR  HIRING  OUT,  AND  ARE
 LOCATED  WITHIN  COMMUNITIES OF CONCERN AS IDENTIFIED BY THE DEPARTMENT.
 SUCH  REGISTRY  SHALL  ONLY  INCLUDE  QUALIFYING  RESIDENTIAL  DWELLINGS
 OUTSIDE NEW YORK CITY.
   2.  ALL  RESIDENTIAL  DWELLINGS  QUALIFYING FOR REGISTRATION IN ACCORD
 WITH THIS SECTION MUST BE CERTIFIED AS FREE OF LEAD PAINT HAZARDS  BASED
 ON  INSPECTIONS  CONDUCTED  ON  A  TRI-ANNUAL  BASIS. INSPECTION CERTIF-
 ICATIONS MUST BE SUBMITTED TO  THE  LOCAL  HEALTH  DEPARTMENT  OR  THEIR
 DESIGNEE FOR RECORDING IN THE RENTAL REGISTRY.
   3. THE COMMISSIONER SHALL PROMULGATE REGULATIONS AS NEEDED TO ADMINIS-
 TER,  COORDINATE,  AND ENFORCE THIS SECTION, INCLUDING THE ESTABLISHMENT
 OF FINES TO BE LEVIED IN THE EVENT OF NON-COMPLIANCE WITH  THE  REQUIRE-
 MENTS OF THIS SECTION.
   4.  INSPECTION  REQUIREMENTS SHALL BE BASED ON REGULATION AND GUIDANCE
 FROM THE DEPARTMENT AND MAY INCLUDE QUALIFICATIONS FOR INSPECTORS, MINI-
 MUM REQUIREMENTS OF A COMPLIANT INSPECTION AND A PROCESS  FOR  REPORTING
 INSPECTION  RESULTS  TO  LOCAL  HEALTH  DEPARTMENTS.  MINIMUM INSPECTION
 REQUIREMENTS MAY INCLUDE VISUAL INSPECTIONS FOR DETERIORATED  PAINT  AND
 OUTDOOR  SOIL CONDITIONS, AS WELL AS THE COLLECTION OF DUST WIPE SAMPLES
 OBTAINED IN ACCORDANCE WITH UNITED STATES ENVIRONMENTAL PROTECTION AGEN-
 CY PROTOCOLS FOR SUCH PROCEDURES.
   5. REMEDIATION OF  LEAD-BASED  PAINT  HAZARDS  MUST  BE  CONDUCTED  IN
 COMPLIANCE  WITH  ALL  MUNICIPAL  REQUIREMENTS AND SPECIFIC REQUIREMENTS
 SPECIFIED IN REGULATION.
   § 2. Paragraphs h and i of subdivision 1 of section 381 of the  execu-
 tive law, as added by chapter 560 of the laws of 2010, are amended and a
 new paragraph j is added to read as follows:
   h.  minimum  basic  training  and in-service training requirements for
 personnel charged with administration and enforcement of the state ener-
 gy conservation construction code; [and]
   i. standards and procedures for measuring the rate of compliance  with
 the  state energy conservation construction code, and provisions requir-
 ing that such rate of compliance be measured on an annual basis[.]; AND
   J. PROCEDURES REQUIRING THE DOCUMENTATION  OF  COMPLIANCE  WITH  REGU-
 LATIONS  ADOPTED  PURSUANT  TO SECTION THIRTEEN HUNDRED SEVENTY-SEVEN OF
 THE PUBLIC HEALTH LAW AS A CONDITION TO ISSUANCE  OF  A  CERTIFICATE  OF
 OCCUPANCY  OR CERTIFICATE OF COMPLIANCE FOLLOWING A PERIODIC FIRE SAFETY
 AND PROPERTY MAINTENANCE INSPECTION FOR MULTIPLE DWELLINGS.
   § 3. This  act  shall  take  effect  immediately;  provided,  however,
 section one of this act shall take effect eighteen months after it shall
 have  become  a  law; and provided further, however, section two of this
 act shall take effect two years  after  it  shall  have  become  a  law.
 Effective  immediately,  the  addition,  amendment, and/or repeal of any
 rule or regulation necessary for the timely implementation of  this  act
 on  or before its effective date are authorized to be made and completed
 on or before such effective date.
 
                                  PART U
 S. 4007                            171                           A. 3007
 
   Section 1.   The general business law  is  amended  by  adding  a  new
 section 394-f to read as follows:
   §  394-F. WARRANTS FOR REPRODUCTIVE HEALTH RELATED ELECTRONIC DATA. 1.
 FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING  TERMS  SHALL  HAVE  THE
 FOLLOWING MEANINGS:
   A.  "ELECTRONIC  COMMUNICATION"  MEANS ANY TRANSFER OF SIGNS, SIGNALS,
 WRITING, IMAGES, SOUNDS, DATA, OR INTELLIGENCE OF ANY NATURE TRANSMITTED
 IN WHOLE OR IN PART BY A WIRE, RADIO,  ELECTROMAGNETIC,  PHOTOELECTRONIC
 OR PHOTO-OPTICAL SYSTEM; PROVIDED, HOWEVER, SUCH TERM SHALL NOT INCLUDE:
   I. ANY TELEPHONIC OR TELEGRAPHIC COMMUNICATION.
   II. ANY COMMUNICATION MADE THROUGH A TONE ONLY PAGING DEVICE.
   III. ANY COMMUNICATION MADE THROUGH A TRACKING DEVICE CONSISTING OF AN
 ELECTRONIC  OR MECHANICAL DEVICE WHICH PERMITS THE TRACKING OF THE MOVE-
 MENT OF A PERSON OR OBJECT.
   IV. ANY COMMUNICATION THAT IS DISSEMINATED BY  THE  SENDER  THROUGH  A
 METHOD  OF TRANSMISSION THAT IS CONFIGURED SO THAT SUCH COMMUNICATION IS
 READILY ACCESSIBLE TO THE PUBLIC.
   B.  "ELECTRONIC  COMMUNICATION  SERVICES"  MEANS  ANY  SERVICE   WHICH
 PROVIDES  TO  USERS THEREOF THE ABILITY TO SEND OR RECEIVE WIRE OR ELEC-
 TRONIC COMMUNICATIONS.
   C. "PROHIBITED VIOLATION" MEANS ANY CIVIL OR CRIMINAL OFFENSE  DEFINED
 UNDER THE LAWS OF ANOTHER STATE THAT CREATES CIVIL OR CRIMINAL LIABILITY
 OR  ANY THEORY OF VICARIOUS, JOINT, SEVERAL OR CONSPIRACY LIABILITY FOR,
 IN WHOLE OR IN PART BASED ON OR ARISING OUT OF, EITHER OF THE FOLLOWING,
 UNLESS SUCH OUT-OF-STATE PROCEEDING I. SOUNDS IN TORT OR  CONTRACT;  II.
 IS  ACTIONABLE,  IN  AN  EQUIVALENT OR SIMILAR MANNER, UNDER THE LAWS OF
 THIS STATE; OR III. WAS BROUGHT BY THE PATIENT WHO RECEIVED REPRODUCTIVE
 HEALTH CARE, OR THE PATIENT'S LEGAL REPRESENTATIVE:
   (1) PROVIDING, FACILITATING, OR  OBTAINING  REPRODUCTIVE  HEALTH  CARE
 SERVICES THAT ARE LAWFUL UNDER NEW YORK LAW; OR
   (2)  INTENDING  OR ATTEMPTING TO PROVIDE, FACILITATE, OR OBTAIN REPRO-
 DUCTIVE HEALTH CARE SERVICES THAT ARE LAWFUL UNDER NEW YORK LAW.
   D. "REPRODUCTIVE HEALTH CARE SERVICES" MEANS ANY SERVICES  RELATED  TO
 THE  PERFORMANCE  OR  AIDING  WITHIN  THE  PERFORMANCE  OF  AN  ABORTION
 PERFORMED WITHIN THIS STATE THAT IS PERFORMED  IN  ACCORDANCE  WITH  THE
 APPLICABLE  LAW OF THIS STATE, ENDING, SEEKING TO END, OR AIDING ANOTHER
 IN ENDING THEIR PREGNANCY WITHIN THIS STATE, OR PROCURING OR  AIDING  IN
 THE PROCUREMENT OF AN ABORTION WITHIN THIS STATE.
   2.  ANY  PERSON OR ENTITY THAT IS HEADQUARTERED OR INCORPORATED IN NEW
 YORK THAT PROVIDES ELECTRONIC COMMUNICATIONS  SERVICES  TO  THE  GENERAL
 PUBLIC,  WHEN  SERVED  WITH A WARRANT ISSUED BY ANOTHER STATE TO PRODUCE
 RECORDS THAT WOULD REVEAL THE IDENTITY  OF  THE  CUSTOMERS  USING  THOSE
 SERVICES,  DATA  STORED BY OR ON BEHALF OF THE CUSTOMERS, THE CUSTOMERS'
 USAGE OF THOSE SERVICES, THE RECIPIENT OR DESTINATION OF  COMMUNICATIONS
 SENT TO OR FROM THOSE CUSTOMERS, OR THE CONTENT OF THOSE COMMUNICATIONS,
 SHALL  NOT  PRODUCE  THOSE  RECORDS WHEN THE CORPORATION KNOWS OR SHOULD
 KNOW THAT THE WARRANT RELATES TO AN INVESTIGATION INTO,  OR  ENFORCEMENT
 OF, A PROHIBITED VIOLATION.
   3.  ANY  PERSON OR ENTITY THAT IS HEADQUARTERED OR INCORPORATED IN NEW
 YORK MAY COMPLY WITH A WARRANT AS DESCRIBED IN SUBDIVISION TWO  OF  THIS
 SECTION  IF  THE  WARRANT  IS  ACCOMPANIED BY AN ATTESTATION MADE BY THE
 ENTITY SEEKING THE RECORDS THAT THE EVIDENCE SOUGHT IS NOT RELATED TO AN
 INVESTIGATION INTO, OR ENFORCEMENT OF, A PROHIBITED VIOLATION.
   4. THE ATTORNEY GENERAL MAY COMMENCE A  CIVIL  ACTION  TO  COMPEL  ANY
 CORPORATION  HEADQUARTERED  OR  INCORPORATED  IN  NEW YORK THAT PROVIDES
 S. 4007                            172                           A. 3007
 
 ELECTRONIC COMMUNICATIONS SERVICES OR REMOTE COMPUTING SERVICES  TO  THE
 GENERAL PUBLIC TO COMPLY WITH THE PROVISIONS OF THIS SECTION.
   § 2. The general business law is amended by adding a new section 394-g
 to read as follows:
   § 394-G. GEOFENCING OF HEALTH CARE FACILITIES.  1. FOR THE PURPOSES OF
 THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   A.  "DIGITAL ADVERTISEMENT" MEANS ANY COMMUNICATION DELIVERED BY ELEC-
 TRONIC MEANS THAT IS INTENDED TO BE USED FOR THE PURPOSES OF  MARKETING,
 SOLICITATION, OR DISSEMINATION OF INFORMATION RELATED, DIRECTLY OR INDI-
 RECTLY,  TO  GOODS  OR  SERVICES PROVIDED BY THE DIGITAL ADVERTISER OR A
 THIRD PARTY.
   B. "GEOFENCING" MEANS A TECHNOLOGY THAT USES GLOBAL POSITIONING SYSTEM
 COORDINATES, CELL TOWER CONNECTIVITY,  CELLULAR  DATA,  RADIO  FREQUENCY
 IDENTIFICATION,  WI-FI DATA AND/OR ANY OTHER FORM OF LOCATION DETECTION,
 TO  ESTABLISH  A  VIRTUAL  BOUNDARY  OR  "GEOFENCE" AROUND A  PARTICULAR
 LOCATION  THAT   ALLOWS  A  DIGITAL  ADVERTISER  TO  TRACK  THE LOCATION
 OF  AN  INDIVIDUAL  USER  AND  ELECTRONICALLY DELIVER  TARGETED  DIGITAL
 ADVERTISEMENTS  DIRECTLY TO SUCH USER'S MOBILE DEVICE  UPON  SUCH USER'S
 ENTRY INTO THE GEOFENCED AREA.
   C. "HEALTH CARE FACILITY" MEANS ANY GOVERNMENTAL  OR  PRIVATE  AGENCY,
 DEPARTMENT,   INSTITUTION,  CLINIC,  LABORATORY,  HOSPITAL,  PHYSICIAN'S
 OFFICE, NURSING CARE FACILITY, HEALTH MAINTENANCE ORGANIZATION,  ASSOCI-
 ATION  OR  OTHER  SIMILAR  ENTITY  THAT PROVIDES MEDICAL CARE OR RELATED
 SERVICES PURSUANT TO THE PROVISIONS OF THE  PUBLIC  HEALTH  LAW  OR  THE
 MENTAL  HYGIENE  LAW,  INCLUDING  THE BUILDING OR STRUCTURE IN WHICH THE
 FACILITY IS LOCATED.
   D. "USER" MEANS A NATURAL PERSON WHO OWNS OR USES A MOBILE  DEVICE  OR
 ANY  OTHER  CONNECTED  ELECTRONIC  DEVICE  CAPABLE  OF RECEIVING DIGITAL
 ADVERTISEMENTS.
   2. IT SHALL BE UNLAWFUL FOR ANY PERSON, CORPORATION,  PARTNERSHIP,  OR
 ASSOCIATION  TO  ESTABLISH A GEOFENCE OR SIMILAR VIRTUAL BOUNDARY AROUND
 ANY HEALTH CARE FACILITY, AS DEFINED PURSUANT TO PARAGRAPH C OF SUBDIVI-
 SION ONE OF THIS SECTION, FOR THE PURPOSE OF  DELIVERING  BY  ELECTRONIC
 MEANS  A  DIGITAL  ADVERTISEMENT TO A USER AT OR WITHIN SUCH HEALTH CARE
 FACILITY, AND IT SHALL BE UNLAWFUL FOR ANY PERSON, CORPORATION, PARTNER-
 SHIP, OR ASSOCIATION TO DELIVER BY ELECTRONIC MEANS ANY  DIGITAL  ADVER-
 TISEMENT  TO  A  USER AT OR WITHIN ANY SUCH HEALTH CARE FACILITY THROUGH
 THE USE OF GEOFENCING OR SIMILAR VIRTUAL BOUNDARY.
   § 3. Severability. If any provision of this article or the application
 thereof to any person or circumstances is held invalid,  the  invalidity
 thereof shall not affect other provisions or applications of the article
 which  can be given effect without the invalid provision or application,
 and to this end the provisions of this article are severable.
   § 4. This act shall take effect on the thirtieth day  after  it  shall
 have become a law.
 
                                  PART V
 
   Section  1.  Section  6801 of the education law is amended by adding a
 new subdivision 9 to read as follows:
   9. A LICENSED PHARMACIST WITHIN THEIR LAWFUL  SCOPE  OF  PRACTICE  MAY
 PRESCRIBE  AND ORDER SELF-ADMINISTERED HORMONAL CONTRACEPTIVES AND EMER-
 GENCY CONTRACEPTIVE DRUG THERAPY IN ACCORDANCE WITH STANDARDIZED  PROCE-
 DURES  OR  PROTOCOLS  DEVELOPED AND APPROVED BY THE BOARD OF PHARMACY IN
 CONSULTATION WITH THE DEPARTMENT OF HEALTH.
 S. 4007                            173                           A. 3007
 
   (A) THE STANDARDIZED PROCEDURE OR  PROTOCOL  SHALL  REQUIRE  THAT  THE
 PATIENT  USE  A  SELF-SCREENING  TOOL  THAT  WILL  IDENTIFY PATIENT RISK
 FACTORS FOR USE OF SELF-ADMINISTERED HORMONAL CONTRACEPTIVES  AND  EMER-
 GENCY  CONTRACEPTIVE  DRUG  THERAPY,  BASED ON THE CURRENT UNITED STATES
 MEDICAL  ELIGIBILITY CRITERIA (USMEC) FOR CONTRACEPTIVE USE DEVELOPED BY
 THE FEDERAL CENTERS FOR DISEASE CONTROL AND  PREVENTION,  AND  THAT  THE
 PHARMACIST  REFER THE PATIENT TO THE PATIENT'S PRIMARY CARE PROVIDER OR,
 IF THE PATIENT DOES NOT HAVE A PRIMARY CARE PROVIDER, TO NEARBY CLINICS,
 UPON FURNISHING A SELF-ADMINISTERED HORMONAL CONTRACEPTIVE OR  EMERGENCY
 CONTRACEPTIVE  DRUG  THERAPY  PURSUANT  TO THIS SUBDIVISION, OR IF IT IS
 DETERMINED THAT USE OF A  SELF-ADMINISTERED  HORMONAL  CONTRACEPTIVE  OR
 EMERGENCY CONTRACEPTIVE DRUG THERAPY IS NOT RECOMMENDED.
   (B)  PRIOR TO PRESCRIBING SELF-ADMINISTERED HORMONAL CONTRACEPTIVES OR
 EMERGENCY CONTRACEPTIVE DRUG THERAPY UNDER THIS SUBDIVISION,  A  PHARMA-
 CIST  SHALL  COMPLETE  A  TRAINING PROGRAM ON SELF-ADMINISTERED HORMONAL
 CONTRACEPTIVES OR EMERGENCY CONTRACEPTIVE DRUG THERAPY,  AS  APPLICABLE,
 THAT  CONSISTS  OF AT LEAST ONE HOUR OF APPROVED CONTINUING EDUCATION ON
 SELF-ADMINISTERED HORMONAL  CONTRACEPTIVES  OR  EMERGENCY  CONTRACEPTIVE
 DRUG THERAPY.
   (C)  A  PHARMACIST, PHARMACIST'S EMPLOYER, OR PHARMACIST'S AGENT SHALL
 NOT DIRECTLY CHARGE A PATIENT A SEPARATE CONSULTATION FEE  FOR  SELF-AD-
 MINISTERED HORMONAL CONTRACEPTIVES OR EMERGENCY CONTRACEPTIVE DRUG THER-
 APY  SERVICES  INITIATED PURSUANT TO THIS SUBDIVISION, BUT MAY CHARGE AN
 ADMINISTRATIVE FEE NOT TO EXCEED TEN DOLLARS ABOVE THE  RETAIL  COST  OF
 THE  DRUG. UPON AN ORAL, TELEPHONIC, ELECTRONIC, OR WRITTEN REQUEST FROM
 A PATIENT OR CUSTOMER,  A  PHARMACIST  OR  PHARMACIST'S  EMPLOYEE  SHALL
 DISCLOSE  THE  TOTAL RETAIL PRICE THAT A CONSUMER WOULD PAY FOR SELF-AD-
 MINISTERED HORMONAL CONTRACEPTIVES OR EMERGENCY CONTRACEPTIVE DRUG THER-
 APY. AS USED IN THIS PARAGRAPH, TOTAL RETAIL  PRICE  INCLUDES  PROVIDING
 THE  CONSUMER WITH SPECIFIC INFORMATION REGARDING THE PRICE OF THE SELF-
 ADMINISTERED HORMONAL CONTRACEPTIVES  OR  EMERGENCY  CONTRACEPTIVE  DRUG
 THERAPY AND THE PRICE OF THE ADMINISTRATIVE FEE CHARGED. THIS LIMITATION
 IS  NOT INTENDED TO INTERFERE WITH OTHER CONTRACTUALLY AGREED-UPON TERMS
 BETWEEN A PHARMACIST, A PHARMACIST'S EMPLOYER, OR A PHARMACIST'S  AGENT,
 AND  A  HEALTH CARE SERVICE PLAN OR INSURER. PATIENTS WHO ARE INSURED OR
 COVERED AND RECEIVE A PHARMACY BENEFIT THAT COVERS THE COST OF  SELF-AD-
 MINISTERED HORMONAL CONTRACEPTIVES OR EMERGENCY CONTRACEPTIVE DRUG THER-
 APY  SHALL  NOT  BE REQUIRED TO PAY AN ADMINISTRATIVE FEE. SUCH PATIENTS
 SHALL BE REQUIRED TO PAY COPAYMENTS PURSUANT TO THE TERMS AND CONDITIONS
 OF THEIR COVERAGE. THIS PARAGRAPH SHALL NOT APPLY TO DEDICATED EMERGENCY
 CONTRACEPTIVE DRUGS  CLASSIFIED  AS  OVER-THE-COUNTER  PRODUCTS  BY  THE
 FEDERAL FOOD AND DRUG ADMINISTRATION.
   (D) FOR EACH EMERGENCY CONTRACEPTIVE DRUG THERAPY OR SELF-ADMINISTERED
 HORMONAL CONTRACEPTIVE INITIATED PURSUANT TO THIS SUBDIVISION, THE PHAR-
 MACIST  SHALL  PROVIDE  THE  RECIPIENT  OF  THE DRUG WITH A STANDARDIZED
 FACTSHEET THAT INCLUDES, BUT IS NOT  LIMITED  TO,  THE  INDICATIONS  AND
 CONTRAINDICATIONS  FOR USE OF THE DRUG, THE APPROPRIATE METHOD FOR USING
 THE DRUG, THE NEED FOR MEDICAL FOLLOW-UP, AND OTHER APPROPRIATE INFORMA-
 TION. THE BOARD OF PHARMACY SHALL DEVELOP THIS FORM IN CONSULTATION WITH
 THE DEPARTMENT OF HEALTH. THIS SECTION DOES  NOT  PRECLUDE  THE  USE  OF
 EXISTING  PUBLICATIONS DEVELOPED BY NATIONALLY RECOGNIZED MEDICAL ORGAN-
 IZATIONS.
   § 2. This act shall take effect immediately.
 
                                  PART W
 S. 4007                            174                           A. 3007
 
   Section 1. Subdivision 7-a of section 6527 of the  education  law,  as
 added by chapter 502 of the laws of 2016, is amended to read as follows:
   7-a.  A  licensed physician may prescribe and order a patient specific
 order or non-patient specific order to a licensed  pharmacist,  pursuant
 to  regulations promulgated by the commissioner in consultation with the
 commissioner of health, and consistent with the public health  law,  for
 dispensing  up  to a seven day starter pack of HIV post-exposure prophy-
 laxis  for  the  purpose  of  preventing  human  immunodeficiency  virus
 infection  following  a potential human immunodeficiency virus exposure.
 A LICENSED PHYSICIAN MAY ALSO PRESCRIBE AND ORDER A PATIENT SPECIFIC  OR
 NON-PATIENT  SPECIFIC  ORDER TO A LICENSED PHARMACIST, PURSUANT TO REGU-
 LATIONS PROMULGATED BY THE COMMISSIONER IN CONSULTATION WITH THE COMMIS-
 SIONER OF HEALTH, AND CONSISTENT WITH THE PUBLIC HEALTH LAW AND  SECTION
 SIXTY-EIGHT HUNDRED ONE OF THIS TITLE, FOR HIV PRE-EXPOSURE PROPHYLAXIS,
 PROVIDED,  HOWEVER,  THAT  THE  REGULATIONS PROMULGATED PURSUANT TO THIS
 SUBDIVISION SHALL REQUIRE THAT THE HIV PRE-EXPOSURE PROPHYLAXIS  AUTHOR-
 IZED TO BE DISPENSED BY A LICENSED PHARMACIST SHALL PROVIDE FOR AT LEAST
 A THIRTY-DAY, BUT NO MORE THAN A SIXTY-DAY, SUPPLY OF SUCH PROPHYLAXIS.
   §  2.  Subdivision 8 of section 6909 of the education law, as added by
 chapter 502 of the laws of 2016, is amended to read as follows:
   8. A certified nurse practitioner may prescribe and  order  a  patient
 specific  order  or non-patient specific order to a licensed pharmacist,
 pursuant to regulations promulgated by the commissioner in  consultation
 with  the  commissioner of health, and consistent with the public health
 law, for dispensing up to a seven day starter pack of HIV  post-exposure
 prophylaxis  for  the purpose of preventing human immunodeficiency virus
 infection following a potential human immunodeficiency  virus  exposure.
 A  CERTIFIED  NURSE  PRACTITIONER MAY ALSO PRESCRIBE AND ORDER A PATIENT
 SPECIFIC OR NON-PATIENT SPECIFIC ORDER TO A LICENSED PHARMACIST,  PURSU-
 ANT  TO REGULATIONS PROMULGATED BY THE COMMISSIONER IN CONSULTATION WITH
 THE COMMISSIONER OF HEALTH, AND CONSISTENT WITH THE  PUBLIC  HEALTH  LAW
 AND  SECTION SIXTY-EIGHT HUNDRED ONE OF THIS TITLE, FOR HIV PRE-EXPOSURE
 PROPHYLAXIS, PROVIDED, HOWEVER, THAT THE REGULATIONS PROMULGATED  PURSU-
 ANT  TO THIS SUBDIVISION SHALL REQUIRE THAT THE HIV PRE-EXPOSURE PROPHY-
 LAXIS AUTHORIZED TO BE DISPENSED BY A LICENSED PHARMACIST SHALL  PROVIDE
 FOR  AT LEAST A THIRTY-DAY, BUT NO MORE THAN A SIXTY-DAY, SUPPLY OF SUCH
 PROPHYLAXIS.
   § 3. Subdivision 5 of section 6801 of the education law, as  added  by
 chapter  502  of the laws of 2016, is amended and a new subdivision 9 is
 added to read as follows:
   5. A licensed pharmacist may execute a non-patient specific order, for
 dispensing up to a seven day starter pack of HIV  post-exposure  prophy-
 laxis  medications  for the purpose of preventing human immunodeficiency
 virus infection, by a physician licensed in this state or nurse  practi-
 tioner  certified  in  this  state,  pursuant  to  rules and regulations
 promulgated by the commissioner in consultation with the commissioner of
 health following a potential human immunodeficiency virus exposure.  THE
 PHARMACIST SHALL ALSO INFORM THE PATIENT OF THE AVAILABILITY OF  PRE-EX-
 POSURE  PROPHYLAXIS FOR PERSONS WHO ARE AT SUBSTANTIAL RISK OF ACQUIRING
 HIV.
   9. A LICENSED PHARMACIST MAY EXECUTE A NON-PATIENT SPECIFIC ORDER, FOR
 DISPENSING HIV PRE-EXPOSURE PROPHYLAXIS, PURSUANT  TO  RULES  AND  REGU-
 LATIONS PROMULGATED BY THE COMMISSIONER IN CONSULTATION WITH THE COMMIS-
 SIONER  OF  HEALTH  PROVIDED,  HOWEVER,  THAT  THE RULES AND REGULATIONS
 PROMULGATED PURSUANT TO THIS SUBDIVISION  SHALL  REQUIRE  THAT  THE  HIV
 PRE-EXPOSURE  PROPHYLAXIS AUTHORIZED TO BE DISPENSED BY A LICENSED PHAR-
 S. 4007                            175                           A. 3007
 
 MACIST SHALL PROVIDE FOR AT LEAST A  THIRTY-DAY,  BUT  NO  MORE  THAN  A
 SIXTY-DAY,  SUPPLY  OF  SUCH PROPHYLAXIS. AND PROVIDED FURTHER, THAT THE
 FOLLOWING CONDITIONS SHALL BE MET BEFORE A PHARMACIST MAY DISPENSE  PRE-
 EXPOSURE PROPHYLAXIS:
   (A)  THE  PHARMACIST  HAS  COMPLETED  A  TRAINING  PROGRAM  CREATED OR
 APPROVED BY THE DEPARTMENT OF HEALTH ON THE USE OF PRE-EXPOSURE  PROPHY-
 LAXIS. THE TRAINING PROGRAM SHALL EDUCATE PHARMACISTS ABOUT THE REQUIRE-
 MENTS OF THIS SUBDIVISION, THE RISKS AND SIDE EFFECTS OF THE MEDICATION,
 PATIENT  INSURANCE  AND  COST  BURDENS,  AND  ANY  OTHER INFORMATION THE
 DEPARTMENT OF HEALTH DEEMS NECESSARY OR IMPORTANT;
   (B) THE PATIENT IS HIV NEGATIVE, AS DOCUMENTED BY A NEGATIVE HIV  TEST
 RESULT   OBTAINED   WITHIN   THE   PREVIOUS   SEVEN  DAYS  FROM  AN  HIV
 ANTIGEN/ANTIBODY TEST OR ANTIBODY-ONLY TEST OR FROM A  RAPID,  POINT-OF-
 CARE FINGERSTICK BLOOD TEST APPROVED BY THE FEDERAL FOOD AND DRUG ADMIN-
 ISTRATION.  IF  THE  PATIENT DOES NOT PROVIDE EVIDENCE OF A NEGATIVE HIV
 TEST IN ACCORDANCE WITH THIS PARAGRAPH, THE PHARMACIST MAY RECOMMEND  OR
 ORDER  AN HIV TEST. IF THE PATIENT TESTS POSITIVE FOR HIV INFECTION, THE
 PHARMACIST SHALL DIRECT THE PATIENT TO A LICENSED PHYSICIAN AND  PROVIDE
 THE  PATIENT  WITH  A  LIST OF HEALTH CARE SERVICE PROVIDERS AND CLINICS
 WITHIN THE COUNTY WHERE THE PHARMACIST IS LOCATED OR ADJACENT COUNTIES;
   (C) THE PATIENT DOES NOT REPORT ANY SIGNS OR  SYMPTOMS  OF  ACUTE  HIV
 INFECTION  ON A SELF-REPORTED CHECKLIST OF ACUTE HIV INFECTION SIGNS AND
 SYMPTOMS;
   (D) THE PATIENT DOES NOT REPORT  TAKING  ANY  CONTRAINDICATED  MEDICA-
 TIONS;
   (E)  THE  PHARMACIST  DOES NOT FURNISH MORE THAN A SIXTY-DAY SUPPLY OF
 PRE-EXPOSURE PROPHYLAXIS TO A SINGLE PATIENT MORE THAN ONCE EVERY  YEAR,
 UNLESS DIRECTED OTHERWISE BY A PRESCRIBER;
   (F)  THE  PHARMACIST  PROVIDES  WRITTEN  INFORMATION, PUBLISHED BY THE
 DEPARTMENT OF HEALTH, TO THE PATIENT ON THE ONGOING USE OF  PRE-EXPOSURE
 PROPHYLAXIS,  WHICH  MAY  INCLUDE  EDUCATION  ABOUT SIDE EFFECTS, SAFETY
 DURING PREGNANCY AND BREASTFEEDING, ADHERENCE TO RECOMMENDED DOSING, AND
 THE IMPORTANCE OF TIMELY TESTING AND TREATMENT, AS APPLICABLE, FOR  HIV,
 RENAL FUNCTION, HEPATITIS B, HEPATITIS C, SEXUALLY TRANSMITTED DISEASES,
 AND  PREGNANCY FOR INDIVIDUALS OF CHILD-BEARING CAPACITY. THE PHARMACIST
 SHALL NOTIFY THE PATIENT THAT THE PATIENT MUST BE  SEEN  BY  A  LICENSED
 PHYSICIAN  TO  RECEIVE SUBSEQUENT PRESCRIPTIONS FOR PRE-EXPOSURE PROPHY-
 LAXIS; AND
   (G) THE PHARMACIST PROVIDES INFORMATION, DEVELOPED BY THE COMMISSIONER
 OF HEALTH, TO THE PATIENT, OR WHEN THE PATIENT LACKS CAPACITY TO CONSENT
 TO A PERSON AUTHORIZED TO CONSENT TO HEALTH CARE FOR SUCH INDIVIDUAL, ON
 THE IMPORTANCE OF HAVING A HEALTH CARE PROVIDER AND IF THE PATIENT  DOES
 NOT HAVE A HEALTH CARE PROVIDER THE PHARMACIST SHALL PROVIDE THE PATIENT
 A  LIST  OF  LICENSED  PHYSICIANS, CLINICS, OR OTHER HEALTH CARE SERVICE
 PROVIDERS WITHIN THE COUNTY WHERE THE PHARMACIST IS LOCATED OR  ADJACENT
 COUNTIES.
   § 4. Subdivision 6 of section 571 of the public health law, as amended
 by  section 1 of part C of chapter 57 of the laws of 2022, is amended to
 read as follows:
   6. "Qualified health care professional" means  a  physician,  dentist,
 podiatrist,  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, pharmacist administering [COVID-19 and influ-
 enza] tests pursuant to subdivision seven of section sixty-eight hundred
 one of the education law,  physician  assistant,  specialist  assistant,
 S. 4007                            176                           A. 3007
 
 nurse  practitioner, or midwife, who is licensed and registered with the
 state education department.
   § 5. Subdivision 7 of section 6801 of the education law, as amended by
 section  2  of  part  C of chapter 57 of the laws of 2022, is amended to
 read as follows:
   7. A licensed pharmacist is a qualified health care professional under
 section five hundred seventy-one  of  the  public  health  law  for  the
 purposes  of  directing  a  limited  service laboratory and ordering and
 administering [COVID-19 and influenza] tests authorized by the Food  and
 Drug Administration (FDA), subject to certificate of waiver requirements
 established  pursuant to the federal clinical laboratory improvement act
 of nineteen hundred eighty-eight.
   § 6. Section 8 of part C of chapter 57 of the laws  of  2022  amending
 the public health law and the education law relating to allowing pharma-
 cists  to  direct  limited service laboratories and order and administer
 COVID-19 and influenza tests and  modernizing  nurse  practitioners,  is
 amended to read as follows:
   §  8.  This  act  shall take effect immediately and shall be deemed to
 have been in full force and effect on and after April 1, 2022; provided,
 however, that sections [one, two,] three[,] AND four[, six and seven] of
 this act shall expire and be deemed repealed two years  after  it  shall
 have become a law.
   §  7.  Section  6801  of  the education law is amended by adding a new
 subdivision 10 to read as follows:
   10. A LICENSED PHARMACIST WITHIN THEIR LAWFUL SCOPE  OF  PRACTICE  MAY
 PRESCRIBE AND ORDER MEDICATIONS TO TREAT NICOTINE DEPENDENCE APPROVED BY
 THE FEDERAL FOOD AND DRUG ADMINISTRATION FOR SMOKING CESSATION.
   §  8.  Section  6801  of  the education law is amended by adding a new
 subdivision 11 to read as follows:
   11. A LICENSED PHARMACIST WITHIN THEIR LAWFUL SCOPE  OF  PRACTICE  MAY
 PRESCRIBE  AND  ORDER  OPIOID ANTAGONISTS, LIMITED TO NALOXONE AND OTHER
 MEDICATIONS APPROVED BY THE DEPARTMENT OF HEALTH FOR SUCH PURPOSE PURSU-
 ANT TO SECTIONS  THIRTY-THREE  HUNDRED  NINE  AND  THIRTY-THREE  HUNDRED
 NINE-B OF THE PUBLIC HEALTH LAW.
   § 9. Section 6801-a of the education law, as amended by chapter 238 of
 the laws of 2015, is amended to read as follows:
   §   6801-a.   Collaborative  drug  therapy  management  [demonstration
 program].  1. As used in this section, the following  terms  shall  have
 the following meanings:
   a.  "Board"  shall  mean the state board of pharmacy as established by
 section sixty-eight hundred four of this article.
   b. "Clinical services" shall mean the collection and interpretation of
 patient data for the purpose of [initiating, modifying  and]  monitoring
 drug  therapy  AND PRESCRIBING IN ORDER TO ADJUST OR MANAGE DRUG THERAPY
 with associated accountability and  responsibility  for  outcomes  in  a
 direct patient care setting.
   c.  "Collaborative drug therapy management" shall mean the performance
 of clinical services by a pharmacist relating to the review,  evaluation
 and  management  of drug therapy to a patient, who is being treated by a
 physician OR NURSE PRACTITIONER for a  specific  disease  or  associated
 disease  states, in accordance with a written agreement or protocol with
 a voluntarily participating physician [and in accordance with the  poli-
 cies,  procedures, and protocols of the facility] OR NURSE PRACTITIONER.
 Such agreement or protocol as entered into by  the  physician  OR  NURSE
 PRACTITIONER, and a pharmacist, may include[, and shall be limited to]:
 S. 4007                            177                           A. 3007
 
   (i) [adjusting or managing] PRESCRIBING IN ORDER TO ADJUST OR MANAGE a
 drug  regimen of a patient, pursuant to a patient specific order or NON-
 PATIENT SPECIFIC protocol made by  the  patient's  physician,  OR  NURSE
 PRACTITIONER,  which  may  include adjusting drug strength, frequency of
 administration  or  route of administration[. Adjusting the drug regimen
 shall not include substituting] or selecting a  [different]  drug  which
 differs  from  that  initially  prescribed  by  the  patient's physician
 [unless such substitution is expressly] OR NURSE PRACTITIONER AS author-
 ized in the written [order] AGREEMENT or  protocol,  PROVIDED,  HOWEVER,
 THAT  THE  PHARMACIST  SHALL APPROPRIATELY CONSIDER CLINICAL BENEFIT AND
 COST TO THE PATIENT AND/OR PAYER IN DISCHARGING THESE  RESPONSIBILITIES.
 The  pharmacist shall be required to immediately document in the patient
 record changes made to the patient's drug  therapy  and  shall  use  any
 reasonable  means  or  method established by the facility OR PRACTICE to
 notify the patient's other treating physicians [with whom he or she does
 not have a written agreement or protocol  regarding  such  changes.  The
 patient's physician may prohibit, by written instruction, any adjustment
 or  change  in  the patient's drug regimen by the pharmacist], PHYSICIAN
 ASSISTANTS, NURSE PRACTITIONERS AND OTHER PROFESSIONALS AS  REQUIRED  BY
 THE FACILITY OR THE COLLABORATIVE PRACTICE AGREEMENT;
   (ii) evaluating and[, only if specifically] AS authorized by the WRIT-
 TEN  AGREEMENT OR protocol and only to the extent necessary to discharge
 the responsibilities set forth in this section, ordering  disease  state
 laboratory tests related to the drug therapy management for the specific
 disease or disease [state] STATES specified within the written agreement
 or protocol; and
   (iii) [only if specifically] AS authorized by the written agreement or
 protocol  and only to the extent necessary to discharge the responsibil-
 ities set forth in this section, ordering or performing routine  patient
 monitoring  functions  as  may  be necessary in the drug therapy manage-
 ment[, including the collecting and reviewing of patient histories,  and
 ordering  or checking patient vital signs, including pulse, temperature,
 blood pressure and respiration].
   d. "Facility" shall mean[:  (i)]  a  [teaching  hospital  or]  general
 hospital, [including any] diagnostic center, treatment center, or hospi-
 tal-based  outpatient  department  as  defined  in  section twenty-eight
 hundred one of the public health law[; or (ii)],  A  RESIDENTIAL  HEALTH
 CARE  FACILITY  OR  a nursing home with an on-site pharmacy staffed by a
 licensed pharmacist OR ANY FACILITY AS DEFINED IN  SECTION  TWENTY-EIGHT
 HUNDRED  ONE  OF  THE  PUBLIC  HEALTH  LAW OR OTHER ENTITY THAT PROVIDES
 DIRECT PATIENT CARE UNDER THE AUSPICES OF A MEDICAL DIRECTOR;  provided,
 however,  for the purposes of this section the term "facility" shall not
 include dental clinics, dental dispensaries,  [residential  health  care
 facilities] and rehabilitation centers.
   For  the purposes of this section, [a "teaching hospital" shall mean a
 hospital licensed pursuant to article twenty-eight of the public  health
 law  that  is  eligible  to  receive direct or indirect graduate medical
 education payments pursuant to article twenty-eight of the public health
 law] A "PRACTICE" SHALL MEAN A PLACE OR SITUATION IN  WHICH  PHYSICIANS,
 AND NURSE PRACTITIONERS EITHER ALONE OR IN GROUP PRACTICES PROVIDE DIAG-
 NOSTIC AND TREATMENT CARE FOR PATIENTS.
   e.  ["Physician"]  "PHYSICIAN  OR  NURSE  PRACTITIONER" shall mean the
 physician OR NURSE PRACTITIONER selected by or assigned  to  a  patient,
 who has primary responsibility for the treatment and care of the patient
 for  the  disease  and associated disease states that are the subject of
 the collaborative drug therapy management.
 S. 4007                            178                           A. 3007
 
   f. "Written agreement or protocol"  shall  mean  a  written  document,
 pursuant to and consistent with any applicable state or federal require-
 ments,  that  addresses  a specific disease or associated disease states
 and that describes the nature and scope of  collaborative  drug  therapy
 management  to  be  undertaken by the pharmacists, in collaboration with
 the participating physician, NURSE PRACTITIONER OR FACILITY  in  accord-
 ance with the provisions of this section.
   2.  a. A pharmacist who meets the experience requirements of paragraph
 b of this subdivision and who is [employed by  or  otherwise  affiliated
 with  a facility] CERTIFIED BY THE DEPARTMENT TO ENGAGE IN COLLABORATIVE
 DRUG THERAPY MANAGEMENT AND WHO  IS  EITHER  EMPLOYED  BY  OR  OTHERWISE
 AFFILIATED  WITH A FACILITY OR IS PARTICIPATING WITH A PRACTICING PHYSI-
 CIAN OR NURSE PRACTITIONER shall be permitted to enter  into  a  written
 agreement or protocol with a physician, OR NURSE PRACTITIONER OR FACILI-
 TY  authorizing  collaborative  drug  therapy management, subject to the
 limitations set forth in this section, within the scope of such  employ-
 ment  [or],  affiliation OR PARTICIPATION. ONLY PHARMACISTS SO CERTIFIED
 MAY ENGAGE IN COLLABORATIVE DRUG THERAPY MANAGEMENT AS DEFINED  IN  THIS
 SECTION.
   b. A participating pharmacist must[:
   (i)(A)  have been awarded either a master of science in clinical phar-
 macy or a doctor of pharmacy degree;
   (B)] maintain a current unrestricted license[;], and
   [(C) have a minimum of two years experience, of  which  at  least  one
 year  of  such  experience shall include clinical experience in a health
 facility, which involves consultation with physicians  with  respect  to
 drug  therapy  and  may include a residency at a facility involving such
 consultation; or
   (ii)(A) have been awarded a bachelor of science in pharmacy;
   (B) maintain a current unrestricted license; and
   (C) within the last seven years, have a minimum of three years experi-
 ence, of which at least one year of such experience shall include  clin-
 ical  experience  in a health facility, which involves consultation with
 physicians with respect to drug therapy and may include a residency at a
 facility involving such consultation; and
   (iii) meet any additional education, experience, or other requirements
 set forth by the department in consultation with the board] SHALL SATIS-
 FY ANY TWO OF THE FOLLOWING CRITERIA:
   (I) CERTIFICATION IN A RELEVANT AREA OF  PRACTICE  INCLUDING  BUT  NOT
 LIMITED  TO  AMBULATORY CARE, CRITICAL CARE, GERIATRIC PHARMACY, NUCLEAR
 PHARMACY, NUTRITION SUPPORT PHARMACY, ONCOLOGY PHARMACY, PEDIATRIC PHAR-
 MACY, PHARMACOTHERAPY, OR PSYCHIATRIC PHARMACY, FROM A NATIONAL  ACCRED-
 ITING BODY AS APPROVED BY THE DEPARTMENT;
   (II) POSTGRADUATE RESIDENCY THROUGH AN ACCREDITED POSTGRADUATE PROGRAM
 REQUIRING  AT LEAST FIFTY PERCENT OF THE EXPERIENCE BE IN DIRECT PATIENT
 CARE SERVICES WITH INTERDISCIPLINARY TERMS; OR
   (III) HAVE PROVIDED CLINICAL SERVICES TO PATIENTS  FOR  AT  LEAST  ONE
 YEAR EITHER:
   (A) UNDER A COLLABORATIVE PRACTICE AGREEMENT OR PROTOCOL WITH A PHYSI-
 CIAN, NURSE PRACTITIONER OR FACILITY; OR
   (B)    HAVE DOCUMENTED EXPERIENCE IN PROVISION OF CLINICAL SERVICES TO
 PATIENTS FOR AT LEAST ONE YEAR OR ONE THOUSAND HOURS, AND DEEMED ACCEPT-
 ABLE TO THE DEPARTMENT UPON RECOMMENDATION OF THE BOARD OF PHARMACY.
   c. Notwithstanding any provision of law, nothing in this section shall
 prohibit a licensed pharmacist from engaging in clinical services  asso-
 ciated  with  collaborative  drug  therapy  management, in order to gain
 S. 4007                            179                           A. 3007

 experience necessary to qualify under [clause (C) of subparagraph (i) or
 (ii) of paragraph b] CLAUSE (B) OF SUBPARAGRAPH (III) OF PARAGRAPH B  of
 this  subdivision,  provided that such practice is under the supervision
 of  a  pharmacist  that  currently meets the referenced requirement, and
 that such practice is authorized under the written agreement or protocol
 with the physician OR NURSE PRACTITIONER OR FACILITY.
   d. Notwithstanding any provision of this section, nothing herein shall
 authorize the pharmacist to diagnose disease. In the event that a treat-
 ing physician OR NURSE PRACTITIONER may disagree with  the  exercise  of
 professional  judgment  by  a  pharmacist,  the judgment of the treating
 physician OR NURSE PRACTITIONER shall prevail.
   3. [The physician who is a party to a written  agreement  or  protocol
 authorizing  collaborative  drug therapy management shall be employed by
 or otherwise affiliated with the same facility with which the pharmacist
 is also employed or affiliated.
   4. The existence of a written agreement or protocol  on  collaborative
 drug therapy management and the patient's right to choose to not partic-
 ipate in collaborative drug therapy management shall be disclosed to any
 patient  who  is  eligible to receive collaborative drug therapy manage-
 ment. Collaborative drug therapy management shall not be utilized unless
 the patient or the  patient's  authorized  representative  consents,  in
 writing,  to such management. If the patient or the patient's authorized
 representative consents, it shall be  noted  on  the  patient's  medical
 record.  If  the  patient or the patient's authorized representative who
 consented to collaborative drug therapy management chooses to no  longer
 participate  in  such  management, at any time, it shall be noted on the
 patient's medical record. In addition,  the  existence  of  the  written
 agreement or protocol and the patient's consent to such management shall
 be  disclosed  to the patient's primary physician and any other treating
 physician or healthcare provider.
   5.] A PHARMACIST WHO IS CERTIFIED  BY  THE  DEPARTMENT  TO  ENGAGE  IN
 COLLABORATIVE  DRUG THERAPY MANAGEMENT MAY ENTER INTO A WRITTEN COLLABO-
 RATIVE PRACTICE AGREEMENT OR PROTOCOL WITH A  PHYSICIAN,  NURSE  PRACTI-
 TIONER  OR FACILITY AND MAY PRACTICE AS AN INDEPENDENT  PHARMACIST OR AS
 AN EMPLOYEE OF A PHARMACY OR OTHER HEALTH CARE PROVIDER. IN A  FACILITY,
 THE  PHYSICIAN  OR NURSE PRACTITIONER AND THE PHARMACIST WHO ARE PARTIES
 TO A WRITTEN AGREEMENT OR PROTOCOL AUTHORIZING COLLABORATIVE DRUG THERA-
 PY MANAGEMENT SHALL BE EMPLOYED BY OR BE OTHERWISE AFFILIATED  WITH  THE
 FACILITY.
   4. Participation in a written agreement or protocol authorizing colla-
 borative  drug  therapy  management  shall be voluntary, and no patient,
 physician, NURSE PRACTITIONER, pharmacist, or facility shall be required
 to participate.
   [6. Nothing in this section shall be deemed  to  limit  the  scope  of
 practice of pharmacy nor be deemed to limit the authority of pharmacists
 and physicians to engage in medication management prior to the effective
 date of this section and to the extent authorized by law.]
   §  10. Section 6601 of the education law, as amended by chapter 576 of
 the laws of 2001, is amended to read as follows:
   § 6601. Definition of practice  of  dentistry.  The  practice  of  the
 profession  of  dentistry is defined as diagnosing, treating, operating,
 or prescribing for any disease, pain,  injury,  deformity,  or  physical
 condition  of  the  oral and maxillofacial area related to restoring and
 maintaining dental  health.  The  practice  of  dentistry  includes  the
 prescribing  and  fabrication  of  dental prostheses and appliances. The
 practice of dentistry may include  performing  physical  evaluations  in
 S. 4007                            180                           A. 3007
 
 conjunction  with  the  provision  of  dental treatment. THE PRACTICE OF
 DENTISTRY MAY ALSO INCLUDE ORDERING AND ADMINISTERING HIV AND  HEPATITIS
 C  SCREENING  TESTS  OR DIAGNOSTIC TESTS AUTHORIZED BY THE FOOD AND DRUG
 ADMINISTRATION  (FDA)  AND SUBJECT TO CERTIFICATE OF WAIVER REQUIREMENTS
 ESTABLISHED PURSUANT TO THE FEDERAL CLINICAL LABORATORY IMPROVEMENT  ACT
 OF NINETEEN HUNDRED EIGHTY-EIGHT.
   § 11. Subdivision 4 of section 6909 of the education law is amended by
 adding four new paragraphs (i), (j), (k) and (l) to read as follows:
   (I)  THE  ORDERING  OF ASTHMA SELF-MANAGEMENT EDUCATION AND HOME-BASED
 ASTHMA SERVICES.
   (J) THE URGENT OR EMERGENCY TREATMENT OF ASTHMA.
   (K) PROVIDING STOOL TESTS TO SCREEN FOR COLORECTAL CANCER.
   (L) THE ORDERING OF DIABETES SELF-MANAGEMENT EDUCATION AND SUPPORT.
   § 12. Subdivision 6 of section 6527 of the education law is amended by
 adding four new paragraphs (i), (j), (k) and (l) to read as follows:
   (I) THE ORDERING OF ASTHMA SELF-MANAGEMENT  EDUCATION  AND  HOME-BASED
 ASTHMA SERVICES.
   (J) THE URGENT OR EMERGENCY TREATMENT OF ASTHMA.
   (K) PROVIDING STOOL TESTS TO SCREEN FOR COLORECTAL CANCER.
   (L) THE ORDERING OF DIABETES SELF-MANAGEMENT EDUCATION AND SUPPORT.
   §  13.  Section  6801  of the education law is amended by adding a new
 subdivision 12 to read as follows:
   12. A LICENSED PHARMACIST WITHIN THEIR LAWFUL SCOPE  OF  PRACTICE  MAY
 ORDER  DIABETES  SELF-MANAGEMENT  EDUCATION AND SUPPORT AND ASTHMA SELF-
 MANAGEMENT EDUCATION AND HOME-BASED ASTHMA SERVICES  FOR  PATIENTS,  AND
 ANY  OTHER  SERVICES  AUTHORIZED  IN  REGULATION  BY THE COMMISSIONER IN
 COLLABORATION WITH THE COMMISSIONER OF HEALTH.
   § 14. Paragraph (q) of subdivision 2 of section 365-a  of  the  social
 services  law,  as  amended by section 35 of part B of chapter 58 of the
 laws of 2010, is amended to read as follows:
   (q) diabetes self-management training services for  persons  diagnosed
 with  diabetes when such services are ordered by a physician, registered
 physician assistant, registered nurse practitioner, LICENSED  PHARMACIST
 or licensed midwife and provided by a licensed, registered, or certified
 health  care  professional, as determined by the commissioner of health,
 who is certified as a diabetes educator by  the  National  Certification
 Board  for  Diabetes  Educators,  or  a successor national certification
 board, or provided by such a  professional  who  is  affiliated  with  a
 program  certified  by  the  American Diabetes Association, the American
 Association of Diabetes Educators, the Indian Health  Services,  or  any
 other  national  accreditation  organization  approved  by  the  federal
 centers for medicare and medicaid services; provided, however, that  the
 provisions  of this paragraph shall not take effect unless all necessary
 approvals under federal law and regulation have been obtained to receive
 federal financial participation in the costs  of  health  care  services
 provided  pursuant to this paragraph. Nothing in this paragraph shall be
 construed to modify any licensure, certification or  scope  of  practice
 provision under title eight of the education law.
   §  15.  Paragraph  (r) of subdivision 2 of section 365-a of the social
 services law, as added by section 32 of part C of chapter 58 of the laws
 of 2008,  is amended to read as follows:
   (r) asthma self-management training  services  for  persons  diagnosed
 with  asthma  when  such services are ordered by a physician, registered
 physician's  assistant,  registered  nurse  practitioner,     REGISTERED
 PROFESSIONAL NURSE, LICENSED PHARMACIST or licensed midwife and provided
 by  a  licensed,  registered,  or certified health care professional, as
 S. 4007                            181                           A. 3007

 determined by the commissioner of health, who is certified as an  asthma
 educator  by  the  National  Asthma  Educator  Certification Board, or a
 successor national certification  board;  provided,  however,  that  the
 provisions  of this paragraph shall not take effect unless all necessary
 approvals under federal law and regulation have been obtained to receive
 federal financial participation in the costs  of  health  care  services
 provided pursuant to this paragraph.  Nothing in this paragraph shall be
 construed  to  modify  any licensure, certification or scope of practice
 provision under title eight of the education law.
   § 16. Paragraph (v) of subdivision 2 of section 365-a  of  the  social
 services  law, as added by section 4 of part B of chapter 58 of the laws
 of 2010, is amended to read as follows:
   (v) ORDERING AND administration of vaccinations [in a pharmacy], MEDI-
 CATIONS, SELF-MANAGEMENT EDUCATION, AND HOME-BASED SERVICES by a [certi-
 fied] LICENSED pharmacist within [his or her] THEIR scope of practice.
   § 17. Section 6542 of the education law, as amended by chapter  48  of
 the laws of 2012, subdivisions 3 and 5 as amended by section 1 of part T
 of chapter 57 of the laws of 2013, is amended to read as follows:
   §  6542. Performance of medical services. 1. Notwithstanding any other
 provision of law, a physician assistant may  perform  medical  services,
 but  only  when  under the supervision of a physician and only when such
 acts and duties as are assigned to him or her are within  the  scope  of
 practice  of  such  supervising  physician UNLESS OTHERWISE PERMITTED BY
 THIS SECTION.
   1-A. A PHYSICIAN ASSISTANT MAY PRACTICE WITHOUT THE SUPERVISION  OF  A
 PHYSICIAN UNDER THE FOLLOWING CIRCUMSTANCES:
   A.  WHERE  THE  PHYSICIAN ASSISTANT, LICENSED UNDER SECTION SIXTY-FIVE
 HUNDRED FORTY-ONE OF THIS ARTICLE HAS  PRACTICED  FOR  MORE  THAN  EIGHT
 THOUSAND HOURS AND:
   (I)    IS PRACTICING IN PRIMARY CARE.  FOR PURPOSES OF THIS PARAGRAPH,
 "PRIMARY CARE" SHALL MEAN NON-SURGICAL CARE IN  THE  FIELDS  OF  GENERAL
 PEDIATRICS, GENERAL ADULT MEDICINE, GENERAL GERIATRIC  MEDICINE, GENERAL
 INTERNAL  MEDICINE,  OBSTETRICS AND GYNECOLOGY, FAMILY MEDICINE, OR SUCH
 OTHER RELATED AREAS AS DETERMINED BY THE COMMISSIONER OF HEALTH; OR
   (II) IS EMPLOYED BY A HEALTH  SYSTEM  OR  HOSPITAL  ESTABLISHED  UNDER
 ARTICLE  TWENTY-EIGHT OF THE PUBLIC HEALTH LAW, AND THE HEALTH SYSTEM OR
 HOSPITAL DETERMINES THE PHYSICIAN ASSISTANT MEETS THE QUALIFICATIONS  OF
 THE  MEDICAL  STAFF  BYLAWS  AND THE HEALTH SYSTEM OR HOSPITAL GIVES THE
 PHYSICIAN ASSISTANT PRIVILEGES;
   B.   WHERE A PHYSICIAN ASSISTANT  LICENSED  UNDER  SECTION  SIXTY-FIVE
 HUNDRED  FORTY-ONE  OF  THIS ARTICLE HAS COMPLETED A PROGRAM APPROVED BY
 THE DEPARTMENT OF HEALTH, IN CONSULTATION WITH THE DEPARTMENT, WHEN SUCH
 SERVICES ARE PERFORMED WITHIN THE SCOPE OF SUCH PROGRAM.
   C. THE DEPARTMENT AND THE  DEPARTMENT  OF  HEALTH  ARE  AUTHORIZED  TO
 PROMULGATE AND UPDATE REGULATIONS PURSUANT TO THIS SECTION.
   2.  [Supervision]  WHERE  SUPERVISION  IS REQUIRED BY THIS SECTION, IT
 shall be continuous but shall not be construed as necessarily  requiring
 the physical presence of the supervising physician at the time and place
 where such services are performed.
   3.  [No  physician  shall employ or supervise more than four physician
 assistants in his or her private practice.
   4.] Nothing in this article shall prohibit a hospital  from  employing
 physician  assistants  provided  they  [work  under the supervision of a
 physician designated by the hospital and not beyond the scope  of  prac-
 tice of such physician. The numerical limitation of subdivision three of
 this section shall not apply to services performed in a hospital.
 S. 4007                            182                           A. 3007

   5.  Notwithstanding any other provision of this article, nothing shall
 prohibit a physician employed by or rendering services to the department
 of corrections and community supervision under contract from supervising
 no more than six physician assistants in his or  her  practice  for  the
 department of corrections and community supervision.
   6.  Notwithstanding  any  other  provision  of  law,  a  trainee in an
 approved program may perform medical services  when  such  services  are
 performed  within the scope of such program.] MEET THE QUALIFICATIONS OF
 THE MEDICAL STAFF BYLAWS AND ARE GIVEN PRIVILEGES AND OTHERWISE MEET THE
 REQUIREMENTS OF THIS SECTION.
   4. A PHYSICIAN ASSISTANT SHALL BE AUTHORIZED TO  PRESCRIBE,  DISPENSE,
 ORDER,  ADMINISTER, OR PROCURE ITEMS NECESSARY TO COMMENCE OR COMPLETE A
 COURSE OF THERAPY.
   5. A PHYSICIAN ASSISTANT MAY PRESCRIBE AND ORDER  A  PATIENT  SPECIFIC
 ORDER OR NON-PATIENT SPECIFIC REGIMEN TO A LICENSED PHARMACIST OR REGIS-
 TERED  PROFESSIONAL  NURSE,  PURSUANT  TO REGULATIONS PROMULGATED BY THE
 COMMISSIONER OF HEALTH, AND CONSISTENT WITH THE PUBLIC HEALTH  LAW,  FOR
 ADMINISTERING IMMUNIZATIONS. NOTHING IN THIS SUBDIVISION SHALL AUTHORIZE
 UNLICENSED PERSONS TO ADMINISTER IMMUNIZATIONS, VACCINES OR OTHER DRUGS.
   6.  WHERE  A  PHYSICIAN  ASSISTANT  LICENSED  UNDER SECTION SIXTY-FIVE
 HUNDRED FORTY-ONE OF THIS ARTICLE HAS COMPLETED A  PROGRAM  APPROVED  BY
 THE DEPARTMENT OF HEALTH, IN CONSULTATION WITH THE DEPARTMENT, WHEN SUCH
 SERVICES ARE PERFORMED WITHIN THE SCOPE OF SUCH PROGRAM.
   7.  Nothing  in this article, or in article thirty-seven of the public
 health law, shall be construed  to  authorize  physician  assistants  to
 perform  those  specific  functions and duties specifically delegated by
 law to those persons licensed as allied health professionals  under  the
 public health law or this chapter.
   §  18.  Subdivision  1  of  section  3701 of the public health law, as
 amended by chapter 48 of the  laws  of  2012,  is  amended  to  read  as
 follows:
   1.  to  promulgate  regulations  defining  and  restricting the duties
 [which may be assigned to] OF physician assistants [by their supervising
 physician, the degree of supervision required and the  manner  in  which
 such duties may be performed] CONSISTENT WITH SECTION SIXTY-FIVE HUNDRED
 FORTY-TWO OF THE EDUCATION LAW.;
   §  19. Section 3702 of the public health law, as amended by chapter 48
 of the laws of 2012, is amended to read as follows:
   § 3702. Special provisions. 1. Inpatient medical  orders.  A  licensed
 physician  assistant  employed or extended privileges by a hospital may,
 if permissible under the bylaws, rules and regulations of the  hospital,
 write  medical  orders,  including  those  for controlled substances AND
 DURABLE MEDICAL EQUIPMENT, for inpatients [under the care of the  physi-
 cian  responsible  for  his or her supervision. Countersignature of such
 orders may be required if deemed necessary and appropriate by the super-
 vising physician or the hospital, but in no event shall countersignature
 be required prior to execution].
   2. Withdrawing blood. A  licensed  physician  assistant  or  certified
 nurse practitioner acting within his or her lawful scope of practice may
 supervise  and  direct the withdrawal of blood for the purpose of deter-
 mining the alcoholic or drug content therein under subparagraph  one  of
 paragraph  (a) of subdivision four of section eleven hundred ninety-four
 of the vehicle and traffic law, notwithstanding  any  provision  to  the
 contrary in clause (ii) of such subparagraph.
   3.  Prescriptions  for  controlled  substances.  A  licensed physician
 assistant, in good faith and acting within his or her  lawful  scope  of
 S. 4007                            183                           A. 3007
 
 practice, and to the extent assigned by his or her supervising physician
 AS  APPLICABLE  BY SECTION SIXTY-FIVE HUNDRED FORTY-TWO OF THE EDUCATION
 LAW, may prescribe controlled substances as a practitioner under article
 thirty-three  of this chapter, to patients under the care of such physi-
 cian responsible for  his  or  her  supervision.  The  commissioner,  in
 consultation  with  the  commissioner  of education, may promulgate such
 regulations as are necessary to carry out the purposes of this section.
   § 20. Section 3703 of the public health law, as amended by chapter  48
 of the laws of 2012, is amended to read as follows:
   §  3703. Statutory construction. A physician assistant may perform any
 function in conjunction with a medical service lawfully performed by the
 physician assistant, in any health care setting, that a statute  author-
 izes  or  directs  a physician to perform and that is appropriate to the
 education, training and experience of the licensed  physician  assistant
 and within the ordinary practice of the supervising physician, AS APPLI-
 CABLE  PURSUANT TO SECTION SIXTY-FIVE HUNDRED FORTY-TWO OF THE EDUCATION
 LAW. This section shall not be construed to  increase  or  decrease  the
 lawful  scope  of  practice of a physician assistant under the education
 law.
   § 21. Paragraph a of subdivision 2 of section  902  of  the  education
 law,  as  amended by chapter 376 of the laws of 2015, is amended to read
 as follows:
   a. The board of education, and the trustee or  board  of  trustees  of
 each  school district, shall employ, at a compensation to be agreed upon
 by the parties, a qualified physician, A PHYSICIAN ASSISTANT, or a nurse
 practitioner to the extent authorized by  the  nurse  practice  act  and
 consistent  with  subdivision three of section six thousand nine hundred
 two of this chapter, to perform the duties of  the  director  of  school
 health  services, including any duties conferred on the school physician
 or school medical inspector under any provision of law, to  perform  and
 coordinate the provision of health services in the public schools and to
 provide  health  appraisals  of students attending the public schools in
 the city or district. The physicians,  PHYSICIANS  ASSISTANTS  or  nurse
 practitioners  so employed shall be duly licensed pursuant to applicable
 law.
   § 22. Subdivision 5 of section 6810 of the education law, as added  by
 chapter 881 of the laws of 1972, is amended to read as follows:
   5. Records of all prescriptions filled or refilled shall be maintained
 for  a period of at least five years and upon request made available for
 inspection and copying by  a  representative  of  the  department.  Such
 records   shall  indicate  date  of  filling  or  refilling,  [doctor's]
 PRESCRIBER'S name, patient's name and address and the name  or  initials
 of   the   pharmacist   who   prepared,  compounded,  or  dispensed  the
 prescription. Records of prescriptions for controlled  substances  shall
 be  maintained  pursuant  to requirements of article thirty-three of the
 public health law.
   § 23. Subdivision 27 of section 3302 of  the  public  health  law,  as
 amended  by  chapter  92  of  the  laws  of  2021, is amended to read as
 follows:
   27. "Practitioner" means:
   A physician, PHYSICIAN ASSISTANT, dentist,  podiatrist,  veterinarian,
 scientific  investigator, or other person licensed, or otherwise permit-
 ted to dispense, administer  or  conduct  research  with  respect  to  a
 controlled  substance  in the course of a licensed professional practice
 or research licensed pursuant to this  article.  Such  person  shall  be
 deemed  a "practitioner" only as to such substances, or conduct relating
 S. 4007                            184                           A. 3007
 
 to such substances, as is permitted by [his] THEIR  license,  permit  or
 otherwise permitted by law.
   §  24.  Paragraph  b of subdivision 2 of section 6908 of the education
 law, as added by chapter 471 of the laws of 2016, is amended to read  as
 follows:
   b. provide that advanced tasks performed by advanced home health aides
 may  be  performed  only  under the [direct] supervision of a registered
 professional nurse licensed in New York state,  as  set  forth  in  this
 subdivision  and subdivision eight of section sixty-nine hundred nine of
 this article, where such nurse is employed by a home care services agen-
 cy licensed or certified pursuant to article thirty-six  of  the  public
 health law, a hospice program certified pursuant to article forty of the
 public  health  law,  or  an enhanced assisted living residence licensed
 pursuant to article seven of  the  social  services  law  and  certified
 pursuant  to  article forty-six-B of the public health law. Such nursing
 supervision shall:
   (i) include training and periodic assessment  of  the  performance  of
 advanced tasks;
   (ii)  be  determined  by the registered professional nurse responsible
 for supervising such advanced tasks based upon the  complexity  of  such
 advanced  tasks,  the  skill  and experience of the advanced home health
 aide, and the health status of the individual  for  whom  such  advanced
 tasks are being performed;
   (iii) include a comprehensive initial and thereafter regular and ongo-
 ing assessment of the individual's needs;
   (iv)  include as a requirement that the supervising registered profes-
 sional nurse shall visit individuals receiving services for the  purpose
 of  supervising  the services provided by advanced home health aides [no
 less than once every two weeks] and include  as  a  requirement  that  a
 registered  professional  nurse  shall  be available by telephone to the
 advanced home health aide twenty-four hours a day, seven  days  a  week,
 provided  that  a  registered  professional  nurse shall be available to
 visit an individual receiving  services  as  necessary  to  protect  the
 health and safety of such individual; and
   (v) as shall be specified by the commissioner, be provided in a manner
 that  takes  into account individual care needs, case mix complexity and
 geographic considerations and provide that  the  number  of  individuals
 served  by a supervising registered professional nurse is reasonable and
 prudent.
   § 25. Subparagraph (i) of paragraph (c) of subdivision  8  of  section
 6909  of the education law, as added by chapter 471 of the laws of 2016,
 is amended to read as follows:
   (i) visit individuals receiving services for the purpose of  supervis-
 ing  the  services  provided by advanced home health aides [no less than
 once every two weeks]; and
   § 26. Subdivision (b) of section 12 of chapter 471 of the laws of 2016
 amending the education law and the public health law relating to author-
 izing certain advanced home health aides  to  perform  certain  advanced
 tasks, is amended to read as follows:
   b. this act shall expire and be deemed repealed March 31, [2023] 2029.
   §  27.  Section  6908  of the education law is amended by adding a new
 subdivision 3 to read as follows:
   3. THIS ARTICLE SHALL  NOT  BE  CONSTRUED  AS  PROHIBITING  MEDICATION
 RELATED TASKS PROVIDED BY A CERTIFIED MEDICATION AIDE IN ACCORDANCE WITH
 REGULATIONS  DEVELOPED  BY  THE  COMMISSIONER,  IN CONSULTATION WITH THE
 COMMISSIONER OF HEALTH. AT A MINIMUM, SUCH REGULATIONS SHALL:
 S. 4007                            185                           A. 3007
 
   A. SPECIFY THE MEDICATION-RELATED  TASKS  THAT  MAY  BE  PERFORMED  BY
 CERTIFIED  MEDICATION  AIDES  PURSUANT  TO  THIS SUBDIVISION. SUCH TASKS
 SHALL INCLUDE THE ADMINISTRATION OF MEDICATIONS WHICH  ARE  ROUTINE  AND
 PRE-FILLED OR OTHERWISE PACKAGED IN A MANNER THAT PROMOTES RELATIVE EASE
 OF  ADMINISTRATION,  PROVIDED  THAT  ADMINISTRATION  OF  MEDICATIONS  BY
 INJECTION, STERILE PROCEDURES, AND CENTRAL  LINE  MAINTENANCE  SHALL  BE
 PROHIBITED.  PROVIDED,  HOWEVER,  SUCH  PROHIBITION  SHALL  NOT APPLY TO
 INJECTIONS  OF  INSULIN  OR  OTHER  INJECTIONS  FOR  DIABETES  CARE,  TO
 INJECTIONS  OF  LOW MOLECULAR WEIGHT HEPARIN, AND TO PRE-FILLED AUTO-IN-
 JECTIONS  OF  NALOXONE  AND  EPINEPHRINE  FOR  EMERGENCY  PURPOSES,  AND
 PROVIDED,  FURTHER,  THAT  ENTITIES EMPLOYING CERTIFIED MEDICATION AIDES
 PURSUANT TO THIS SUBDIVISION SHALL ESTABLISH A  SYSTEMATIC  APPROACH  TO
 ADDRESS DRUG DIVERSION;
   B.  PROVIDE THAT MEDICATION-RELATED TASKS PERFORMED BY CERTIFIED MEDI-
 CATION AIDES MAY BE PERFORMED ONLY UNDER THE SUPERVISION OF A REGISTERED
 PROFESSIONAL NURSE LICENSED IN NEW YORK STATE,  AS  SET  FORTH  IN  THIS
 SUBDIVISION AND SUBDIVISION ELEVEN OF SECTION SIXTY-NINE HUNDRED NINE OF
 THIS  ARTICLE, WHERE SUCH NURSE IS EMPLOYED BY A RESIDENTIAL HEALTH CARE
 FACILITY LICENSED PURSUANT TO ARTICLE TWENTY-EIGHT OF THE PUBLIC  HEALTH
 LAW;
   C.  ESTABLISH  A  PROCESS BY WHICH A REGISTERED PROFESSIONAL NURSE MAY
 ASSIGN MEDICATION-RELATED TASKS TO A  CERTIFIED  MEDICATION  AIDE.  SUCH
 PROCESS SHALL INCLUDE, BUT NOT BE LIMITED TO:
   (I)  ALLOWING  ASSIGNMENT  OF  MEDICATION-RELATED TASKS TO A CERTIFIED
 MEDICATION AIDE ONLY WHERE SUCH CERTIFIED  MEDICATION  AIDE  HAS  DEMON-
 STRATED  TO  THE SATISFACTION OF THE SUPERVISING REGISTERED PROFESSIONAL
 NURSE COMPETENCY IN EVERY MEDICATION-RELATED TASK  THAT  SUCH  CERTIFIED
 MEDICATION  AIDE IS AUTHORIZED TO PERFORM, A WILLINGNESS TO PERFORM SUCH
 MEDICATION-RELATED TASKS, AND THE ABILITY TO EFFECTIVELY AND EFFICIENTLY
 COMMUNICATE WITH THE INDIVIDUAL RECEIVING SERVICES AND  UNDERSTAND  SUCH
 INDIVIDUAL'S NEEDS;
   (II)  AUTHORIZING  THE  SUPERVISING  REGISTERED  PROFESSIONAL NURSE TO
 REVOKE ANY ASSIGNED MEDICATION-RELATED TASK FROM A CERTIFIED  MEDICATION
 AIDE FOR ANY REASON; AND
   (III)  AUTHORIZING  MULTIPLE REGISTERED PROFESSIONAL NURSES TO JOINTLY
 AGREE TO ASSIGN MEDICATION-RELATED TASKS TO A CERTIFIED MEDICATION AIDE,
 PROVIDED FURTHER THAT ONLY ONE REGISTERED PROFESSIONAL  NURSE  SHALL  BE
 REQUIRED  TO DETERMINE IF THE CERTIFIED MEDICATION AIDE HAS DEMONSTRATED
 COMPETENCY IN THE MEDICATION-RELATED TASK TO BE PERFORMED;
   D. PROVIDE THAT MEDICATION-RELATED TASKS  MAY  BE  PERFORMED  ONLY  IN
 ACCORDANCE  WITH  AND  PURSUANT  TO  AN AUTHORIZED HEALTH PRACTITIONER'S
 ORDERED CARE;
   E. PROVIDE THAT ONLY A CERTIFIED NURSE AIDE MAY PERFORM MEDICATION-RE-
 LATED TASKS AS A CERTIFIED MEDICATION AIDE WHEN SUCH AIDE HAS:
   (I) A VALID NEW YORK STATE NURSE AIDE CERTIFICATE;
   (II) A HIGH SCHOOL DIPLOMA, GED OR SIMILAR EDUCATION CREDENTIAL;
   (III) EVIDENCE OF BEING AT LEAST EIGHTEEN YEARS OLD;
   (IV) AT LEAST ONE YEAR OF EXPERIENCE PROVIDING NURSE AIDE SERVICES  IN
 AN ARTICLE TWENTY-EIGHT RESIDENTIAL HEALTH CARE FACILITY;
   (V) THE ABILITY TO READ, WRITE, AND SPEAK ENGLISH AND TO PERFORM BASIC
 MATH SKILLS;
   (VI) COMPLETED THE REQUISITE TRAINING AND DEMONSTRATED COMPETENCIES OF
 A CERTIFIED MEDICATION AIDE AS DETERMINED BY THE COMMISSIONER IN CONSUL-
 TATION WITH THE COMMISSIONER OF HEALTH;
   (VII)  SUCCESSFULLY  COMPLETED COMPETENCY EXAMINATIONS SATISFACTORY TO
 THE COMMISSIONER IN CONSULTATION WITH THE COMMISSIONER OF HEALTH; AND
 S. 4007                            186                           A. 3007
 
   (VIII) MEETS OTHER APPROPRIATE QUALIFICATIONS  AS  DETERMINED  BY  THE
 COMMISSIONER IN CONSULTATION WITH THE COMMISSIONER OF HEALTH;
   F.  PROHIBIT A CERTIFIED MEDICATION AIDE FROM HOLDING THEMSELF OUT, OR
 ACCEPTING EMPLOYMENT AS, A PERSON LICENSED TO PRACTICE NURSING UNDER THE
 PROVISIONS OF THIS ARTICLE;
   G. PROVIDE THAT A  CERTIFIED  MEDICATION  AIDE  IS  NOT  REQUIRED  NOR
 PERMITTED TO ASSESS THE MEDICATION OR MEDICAL NEEDS OF AN INDIVIDUAL;
   H. PROVIDE THAT A CERTIFIED MEDICATION AIDE SHALL NOT BE AUTHORIZED TO
 PERFORM  ANY  MEDICATION-RELATED  TASKS  OR  ACTIVITIES PURSUANT TO THIS
 SUBDIVISION THAT ARE OUTSIDE THE SCOPE OF PRACTICE OF A LICENSED PRACTI-
 CAL NURSE OR ANY MEDICATION-RELATED TASKS THAT HAVE NOT  BEEN  APPROPRI-
 ATELY ASSIGNED BY THE SUPERVISING REGISTERED PROFESSIONAL NURSE;
   I. PROVIDE THAT A CERTIFIED MEDICATION AIDE SHALL DOCUMENT ALL MEDICA-
 TION-RELATED  TASKS  PROVIDED  TO  AN  INDIVIDUAL,  INCLUDING MEDICATION
 ADMINISTRATION TO EACH INDIVIDUAL THROUGH THE USE OF A MEDICATION ADMIN-
 ISTRATION RECORD; AND
   J. PROVIDE THAT THE SUPERVISING REGISTERED  PROFESSIONAL  NURSE  SHALL
 RETAIN  THE  DISCRETION  TO  DECIDE WHETHER TO ASSIGN MEDICATION-RELATED
 TASKS TO CERTIFIED MEDICATION AIDES UNDER THIS PROGRAM AND SHALL NOT  BE
 SUBJECT TO COERCION, RETALIATION, OR THE THREAT OF RETALIATION.
   §  28.  Section  6909  of the education law is amended by adding a new
 subdivision 11 to read as follows:
   11. A REGISTERED PROFESSIONAL NURSE, WHILE WORKING FOR  A  RESIDENTIAL
 HEALTH  CARE  FACILITY  LICENSED PURSUANT TO ARTICLE TWENTY-EIGHT OF THE
 PUBLIC HEALTH LAW, MAY, IN  ACCORDANCE  WITH  THIS  SUBDIVISION,  ASSIGN
 CERTIFIED MEDICATION AIDES TO PERFORM MEDICATION-RELATED TASKS FOR INDI-
 VIDUALS  PURSUANT  TO  THE  PROVISIONS  OF  SUBDIVISION THREE OF SECTION
 SIXTY-NINE HUNDRED EIGHT OF THIS ARTICLE AND SUPERVISE CERTIFIED MEDICA-
 TION AIDES WHO PERFORM ASSIGNED MEDICATION-RELATED TASKS.
   § 29. Paragraph (a) of subdivision 3 of section 2803-j of  the  public
 health  law,  as added by chapter 717 of the laws of 1989, is amended to
 read as follows:
   (a) Identification of individuals who have  successfully  completed  a
 nurse aide training and competency evaluation program, [or] a nurse aide
 competency evaluation program, OR A MEDICATION AIDE PROGRAM;
   § 30. The education law is amended by adding a new article 169 to read
 as follows:
                                ARTICLE 169
                   INTERSTATE MEDICAL LICENSURE COMPACT
 SECTION 8860. SHORT TITLE.
         8861. PURPOSE.
         8862. DEFINITIONS.
         8863. ELIGIBILITY.
         8864. DESIGNATION OF STATE OF PRINCIPAL LICENSE.
         8865. APPLICATION AND ISSUANCE OF EXPEDITED LICENSURE.
         8866. FEES FOR EXPEDITED LICENSURE.
         8867. RENEWAL AND CONTINUED PARTICIPATION.
         8868. COORDINATED INFORMATION SYSTEM.
         8869. JOINT INVESTIGATIONS.
         8870. DISCIPLINARY ACTIONS.
         8871. INTERSTATE MEDICAL LICENSURE COMPACT COMMISSION.
         8872. POWERS AND DUTIES OF THE INTERSTATE COMMISSION.
         8873. FINANCE POWERS.
         8874. ORGANIZATION AND OPERATION OF THE INTERSTATE COMMISSION.
         8875. RULEMAKING FUNCTIONS OF THE INTERSTATE COMMISSION.
         8876. OVERSIGHT OF INTERSTATE COMPACT.
 S. 4007                            187                           A. 3007

         8877. ENFORCEMENT OF INTERSTATE COMPACT.
         8878. DEFAULT PROCEDURES.
         8879. DISPUTE RESOLUTION.
         8880. MEMBER STATES, EFFECTIVE DATE AND AMENDMENT.
         8881. WITHDRAWAL.
         8882. DISSOLUTION.
         8883. SEVERABILITY AND CONSTRUCTION.
         8884. BINDING EFFECT OF COMPACT AND OTHER LAWS.
   § 8860. SHORT  TITLE.  THIS ARTICLE SHALL BE KNOWN AND MAY BE CITED AS
 THE "INTERSTATE MEDICAL LICENSURE COMPACT".
   § 8861. PURPOSE. IN ORDER TO STRENGTHEN ACCESS TO HEALTH CARE, AND  IN
 RECOGNITION  OF  THE ADVANCES IN THE DELIVERY OF HEALTH CARE, THE MEMBER
 STATES OF THE INTERSTATE MEDICAL LICENSURE COMPACT HAVE ALLIED IN COMMON
 PURPOSE TO DEVELOP A COMPREHENSIVE PROCESS THAT COMPLEMENTS THE EXISTING
 LICENSING AND REGULATORY AUTHORITY OF STATE MEDICAL BOARDS,  PROVIDES  A
 STREAMLINED  PROCESS THAT ALLOWS PHYSICIANS TO BECOME LICENSED IN MULTI-
 PLE STATES, THEREBY ENHANCING THE PORTABILITY OF A MEDICAL  LICENSE  AND
 ENSURING  THE  SAFETY OF PATIENTS.   THE COMPACT CREATES ANOTHER PATHWAY
 FOR LICENSURE AND DOES NOT OTHERWISE CHANGE A STATE'S  EXISTING  MEDICAL
 PRACTICE ACT. THE COMPACT ALSO ADOPTS THE PREVAILING STANDARD FOR LICEN-
 SURE  AND AFFIRMS THAT THE PRACTICE OF MEDICINE OCCURS WHERE THE PATIENT
 IS LOCATED AT THE TIME OF THE PHYSICIAN-PATIENT  ENCOUNTER,  AND  THERE-
 FORE,  REQUIRES  THE PHYSICIAN TO BE UNDER THE JURISDICTION OF THE STATE
 MEDICAL BOARD WHERE THE PATIENT IS LOCATED. STATE  MEDICAL  BOARDS  THAT
 PARTICIPATE  IN THE COMPACT RETAIN THE JURISDICTION TO IMPOSE AN ADVERSE
 ACTION AGAINST A LICENSE TO PRACTICE MEDICINE IN THAT STATE ISSUED TO  A
 PHYSICIAN THROUGH THE PROCEDURES IN THE COMPACT.
   § 8862. DEFINITIONS. IN THIS COMPACT:
   1.  "BYLAWS"  MEANS THOSE BYLAWS ESTABLISHED BY THE INTERSTATE COMMIS-
 SION PURSUANT TO SECTION EIGHTY-EIGHT HUNDRED SEVENTY-ONE OF THIS  ARTI-
 CLE FOR ITS GOVERNANCE, OR FOR DIRECTING AND CONTROLLING ITS ACTIONS AND
 CONDUCT.
   2.  "COMMISSIONER"  MEANS  THE VOTING REPRESENTATIVE APPOINTED BY EACH
 MEMBER BOARD PURSUANT TO SECTION  EIGHTY-EIGHT  HUNDRED  SEVENTY-ONE  OF
 THIS ARTICLE.
   3. "CONVICTION" MEANS A FINDING BY A COURT THAT AN INDIVIDUAL IS GUIL-
 TY  OF  A  CRIMINAL  OFFENSE THROUGH ADJUDICATION, OR ENTRY OF A PLEA OF
 GUILT OR NO CONTEST TO THE CHARGE BY THE OFFENDER. EVIDENCE OF AN  ENTRY
 OF  A  CONVICTION OF A CRIMINAL OFFENSE BY THE COURT SHALL BE CONSIDERED
 FINAL FOR PURPOSES OF DISCIPLINARY ACTION BY A MEMBER BOARD.
   4. "EXPEDITED LICENSE" MEANS A FULL AND UNRESTRICTED  MEDICAL  LICENSE
 GRANTED  BY  A MEMBER STATE TO AN ELIGIBLE PHYSICIAN THROUGH THE PROCESS
 SET FORTH IN THE COMPACT.
   5. "INTERSTATE COMMISSION" MEANS  THE  INTERSTATE  COMMISSION  CREATED
 PURSUANT TO SECTION EIGHTY-EIGHT HUNDRED SEVENTY-ONE OF THIS ARTICLE.
   6.  "LICENSE" MEANS AUTHORIZATION BY A STATE FOR A PHYSICIAN TO ENGAGE
 IN THE PRACTICE OF MEDICINE, WHICH WOULD BE UNLAWFUL WITHOUT THE AUTHOR-
 IZATION.
   7. "MEDICAL PRACTICE ACT" MEANS LAWS  AND  REGULATIONS  GOVERNING  THE
 PRACTICE OF ALLOPATHIC AND OSTEOPATHIC MEDICINE WITHIN A MEMBER STATE.
   8.  "MEMBER BOARD" MEANS A STATE AGENCY IN A MEMBER STATE THAT ACTS IN
 THE SOVEREIGN INTERESTS OF THE STATE BY PROTECTING  THE  PUBLIC  THROUGH
 LICENSURE,  REGULATION,  AND  EDUCATION OF PHYSICIANS AS DIRECTED BY THE
 STATE GOVERNMENT.
   9. "MEMBER STATE" MEANS A STATE THAT HAS ENACTED THE COMPACT.
 S. 4007                            188                           A. 3007
 
   10. "PRACTICE OF MEDICINE" MEANS THE CLINICAL  PREVENTION,  DIAGNOSIS,
 OR  TREATMENT  OF HUMAN DISEASE, INJURY, OR CONDITION REQUIRING A PHYSI-
 CIAN TO OBTAIN AND MAINTAIN A LICENSE IN  COMPLIANCE  WITH  THE  MEDICAL
 PRACTICE ACT OF A MEMBER STATE.
   11. "PHYSICIAN" MEANS ANY PERSON WHO:
   (A)  IS  A  GRADUATE  OF  A  MEDICAL  SCHOOL ACCREDITED BY THE LIAISON
 COMMITTEE ON MEDICAL EDUCATION, THE COMMISSION  ON  OSTEOPATHIC  COLLEGE
 ACCREDITATION,  OR  A MEDICAL SCHOOL LISTED IN THE INTERNATIONAL MEDICAL
 EDUCATION DIRECTORY OR ITS EQUIVALENT;
   (B) PASSED EACH COMPONENT OF THE UNITED STATES MEDICAL LICENSING EXAM-
 INATION (USMLE) OR THE COMPREHENSIVE OSTEOPATHIC MEDICAL LICENSING EXAM-
 INATION (COMLEX-USA) WITHIN THREE ATTEMPTS, OR ANY  OF  ITS  PREDECESSOR
 EXAMINATIONS ACCEPTED BY A STATE MEDICAL BOARD AS AN EQUIVALENT EXAMINA-
 TION FOR LICENSURE PURPOSES;
   (C)  SUCCESSFULLY COMPLETED GRADUATE MEDICAL EDUCATION APPROVED BY THE
 ACCREDITATION COUNCIL FOR GRADUATE MEDICAL  EDUCATION  OR  THE  AMERICAN
 OSTEOPATHIC ASSOCIATION;
   (D)  HOLDS  SPECIALTY  CERTIFICATION  OR  A  TIME-UNLIMITED  SPECIALTY
 CERTIFICATE RECOGNIZED BY THE AMERICAN BOARD OF MEDICAL  SPECIALTIES  OR
 THE  AMERICAN  OSTEOPATHIC  ASSOCIATION'S BUREAU OF OSTEOPATHIC SPECIAL-
 ISTS;
   (E) POSSESSES A FULL AND UNRESTRICTED LICENSE TO ENGAGE IN  THE  PRAC-
 TICE OF MEDICINE ISSUED BY A MEMBER BOARD;
   (F)  HAS NEVER BEEN CONVICTED, RECEIVED ADJUDICATION, DEFERRED ADJUDI-
 CATION, COMMUNITY SUPERVISION, OR DEFERRED DISPOSITION FOR  ANY  OFFENSE
 BY A COURT OF APPROPRIATE JURISDICTION;
   (G)  HAS  NEVER  HELD  A  LICENSE AUTHORIZING THE PRACTICE OF MEDICINE
 SUBJECTED TO DISCIPLINE BY A LICENSING AGENCY IN ANY STATE, FEDERAL,  OR
 FOREIGN  JURISDICTION,  EXCLUDING  ANY  ACTION RELATED TO NON-PAYMENT OF
 FEES RELATED TO A LICENSE;
   (H) HAS NEVER HAD A CONTROLLED SUBSTANCE LICENSE OR  PERMIT  SUSPENDED
 OR  REVOKED  BY  A  STATE OR THE UNITED STATES DRUG ENFORCEMENT ADMINIS-
 TRATION; AND
   (I) IS NOT UNDER ACTIVE INVESTIGATION BY A  LICENSING  AGENCY  OR  LAW
 ENFORCEMENT AUTHORITY IN ANY STATE, FEDERAL, OR FOREIGN JURISDICTION.
   12.  "OFFENSE"  MEANS  A  FELONY, GROSS MISDEMEANOR, OR CRIME OF MORAL
 TURPITUDE.
   13. "RULE" MEANS A WRITTEN  STATEMENT  BY  THE  INTERSTATE  COMMISSION
 PROMULGATED PURSUANT TO SECTION EIGHTY-EIGHT HUNDRED SEVENTY-TWO OF THIS
 ARTICLE  THAT  IS  OF  GENERAL APPLICABILITY, IMPLEMENTS, INTERPRETS, OR
 PRESCRIBES A POLICY OR PROVISION OF THE COMPACT, OR  AN  ORGANIZATIONAL,
 PROCEDURAL,  OR  PRACTICE  REQUIREMENT OF THE INTERSTATE COMMISSION, AND
 HAS THE FORCE AND EFFECT  OF  STATUTORY  LAW  IN  A  MEMBER  STATE,  AND
 INCLUDES THE AMENDMENT, REPEAL, OR SUSPENSION OF AN EXISTING RULE.
   14.  "STATE"  MEANS ANY STATE, COMMONWEALTH, DISTRICT, OR TERRITORY OF
 THE UNITED STATES.
   15. "STATE OF PRINCIPAL LICENSE" MEANS A MEMBER STATE WHERE  A  PHYSI-
 CIAN  HOLDS A LICENSE TO PRACTICE MEDICINE AND WHICH HAS BEEN DESIGNATED
 AS SUCH BY THE PHYSICIAN FOR PURPOSES OF REGISTRATION AND  PARTICIPATION
 IN THE COMPACT.
   § 8863. ELIGIBILITY. 1. A PHYSICIAN MUST MEET THE ELIGIBILITY REQUIRE-
 MENTS  AS  DEFINED IN SUBDIVISION ELEVEN OF SECTION EIGHTY-EIGHT HUNDRED
 SIXTY-TWO OF THIS ARTICLE TO RECEIVE  AN  EXPEDITED  LICENSE  UNDER  THE
 TERMS AND PROVISIONS OF THE COMPACT.
   2. A PHYSICIAN WHO DOES NOT MEET THE REQUIREMENTS OF SUBDIVISION ELEV-
 EN  OF SECTION EIGHTY-EIGHT HUNDRED SIXTY-TWO OF THIS ARTICLE MAY OBTAIN
 S. 4007                            189                           A. 3007
 
 A LICENSE TO PRACTICE MEDICINE IN  A  MEMBER  STATE  IF  THE  INDIVIDUAL
 COMPLIES  WITH ALL LAWS AND REQUIREMENTS, OTHER THAN THE COMPACT, RELAT-
 ING TO THE ISSUANCE OF A LICENSE TO PRACTICE MEDICINE IN THAT STATE.
   § 8864. DESIGNATION  OF  STATE  OF  PRINCIPAL  LICENSE. 1. A PHYSICIAN
 SHALL DESIGNATE A MEMBER STATE AS THE STATE  OF  PRINCIPAL  LICENSE  FOR
 PURPOSES  OF REGISTRATION FOR EXPEDITED LICENSURE THROUGH THE COMPACT IF
 THE PHYSICIAN POSSESSES A FULL  AND  UNRESTRICTED  LICENSE  TO  PRACTICE
 MEDICINE IN THAT STATE, AND THE STATE IS:
   (A) THE STATE OF PRIMARY RESIDENCE FOR THE PHYSICIAN, OR
   (B)  THE  STATE  WHERE AT LEAST TWENTY-FIVE PERCENT OF THE PRACTICE OF
 MEDICINE OCCURS, OR
   (C) THE LOCATION OF THE PHYSICIAN'S EMPLOYER, OR
   (D) IF NO STATE QUALIFIES UNDER PARAGRAPH (A), (B),  OR  (C)  OF  THIS
 SUBDIVISION,  THE  STATE DESIGNATED AS STATE OF RESIDENCE FOR PURPOSE OF
 FEDERAL INCOME TAX.
   2. A PHYSICIAN MAY REDESIGNATE A MEMBER STATE AS  STATE  OF  PRINCIPAL
 LICENSE  AT  ANY  TIME,  AS  LONG AS THE STATE MEETS THE REQUIREMENTS OF
 SUBDIVISION ONE OF THIS SECTION.
   3. THE INTERSTATE COMMISSION IS AUTHORIZED TO DEVELOP RULES TO FACILI-
 TATE REDESIGNATION OF ANOTHER MEMBER STATE AS  THE  STATE  OF  PRINCIPAL
 LICENSE.
   § 8865. APPLICATION  AND  ISSUANCE OF EXPEDITED LICENSURE. 1. A PHYSI-
 CIAN SEEKING LICENSURE THROUGH THE COMPACT SHALL FILE AN APPLICATION FOR
 AN EXPEDITED LICENSE WITH THE MEMBER BOARD OF THE STATE SELECTED BY  THE
 PHYSICIAN AS THE STATE OF PRINCIPAL LICENSE.
   2. UPON RECEIPT OF AN APPLICATION FOR AN EXPEDITED LICENSE, THE MEMBER
 BOARD  WITHIN THE STATE SELECTED AS THE STATE OF PRINCIPAL LICENSE SHALL
 EVALUATE WHETHER THE PHYSICIAN IS ELIGIBLE FOR EXPEDITED  LICENSURE  AND
 ISSUE  A  LETTER  OF QUALIFICATION, VERIFYING OR DENYING THE PHYSICIAN'S
 ELIGIBILITY, TO THE INTERSTATE COMMISSION.
   (A) STATIC  QUALIFICATIONS,  WHICH  INCLUDE  VERIFICATION  OF  MEDICAL
 EDUCATION, GRADUATE MEDICAL EDUCATION, RESULTS OF ANY MEDICAL OR LICENS-
 ING  EXAMINATION,  AND  OTHER QUALIFICATIONS AS DETERMINED BY THE INTER-
 STATE COMMISSION THROUGH RULE, SHALL NOT BE SUBJECT TO ADDITIONAL PRIMA-
 RY SOURCE VERIFICATION WHERE ALREADY  PRIMARY  SOURCE  VERIFIED  BY  THE
 STATE OF PRINCIPAL LICENSE.
   (B) THE MEMBER BOARD WITHIN THE STATE SELECTED AS THE STATE OF PRINCI-
 PAL  LICENSE  SHALL,  IN  THE COURSE OF VERIFYING ELIGIBILITY, PERFORM A
 CRIMINAL BACKGROUND CHECK OF AN APPLICANT,  INCLUDING  THE  USE  OF  THE
 RESULTS OF FINGERPRINT OR OTHER BIOMETRIC DATA CHECKS COMPLIANT WITH THE
 REQUIREMENTS  OF THE FEDERAL BUREAU OF INVESTIGATION, WITH THE EXCEPTION
 OF FEDERAL EMPLOYEES WHO HAVE SUITABILITY  DETERMINATION  IN  ACCORDANCE
 WITH U.S. C.F.R. § 731.202.
   (C)  APPEAL  ON  THE DETERMINATION OF ELIGIBILITY SHALL BE MADE TO THE
 MEMBER STATE WHERE THE APPLICATION WAS FILED AND SHALL BE SUBJECT TO THE
 LAW OF THAT STATE.
   3. UPON VERIFICATION UNDER SUBDIVISION TWO OF THIS SECTION, PHYSICIANS
 ELIGIBLE FOR AN EXPEDITED LICENSE SHALL COMPLETE THE REGISTRATION  PROC-
 ESS  ESTABLISHED  BY THE INTERSTATE COMMISSION TO RECEIVE A LICENSE IN A
 MEMBER STATE SELECTED PURSUANT  TO  SUBDIVISION  ONE  OF  THIS  SECTION,
 INCLUDING THE PAYMENT OF ANY APPLICABLE FEES.
   4.  AFTER  RECEIVING VERIFICATION OF ELIGIBILITY UNDER SUBDIVISION TWO
 OF THIS SECTION AND ANY FEES UNDER SUBDIVISION THREE OF THIS SECTION,  A
 MEMBER  BOARD  SHALL  ISSUE  AN EXPEDITED LICENSE TO THE PHYSICIAN. THIS
 LICENSE SHALL AUTHORIZE THE PHYSICIAN TO PRACTICE MEDICINE IN THE  ISSU-
 S. 4007                            190                           A. 3007
 
 ING  STATE  CONSISTENT  WITH THE MEDICAL PRACTICE ACT AND ALL APPLICABLE
 LAWS AND REGULATIONS OF THE ISSUING MEMBER BOARD AND MEMBER STATE.
   5.  AN  EXPEDITED  LICENSE SHALL BE VALID FOR A PERIOD CONSISTENT WITH
 THE LICENSURE PERIOD IN THE MEMBER STATE  AND  IN  THE  SAME  MANNER  AS
 REQUIRED  FOR  OTHER  PHYSICIANS HOLDING A FULL AND UNRESTRICTED LICENSE
 WITHIN THE MEMBER STATE.
   6. AN EXPEDITED LICENSE OBTAINED THOUGH THE COMPACT  SHALL  BE  TERMI-
 NATED IF A PHYSICIAN FAILS TO MAINTAIN A LICENSE IN THE STATE OF PRINCI-
 PAL  LICENSURE FOR A NON-DISCIPLINARY REASON, WITHOUT REDESIGNATION OF A
 NEW STATE OF PRINCIPAL LICENSURE.
   7. THE INTERSTATE COMMISSION IS AUTHORIZED TO DEVELOP RULES  REGARDING
 THE  APPLICATION  PROCESS, INCLUDING PAYMENT OF ANY APPLICABLE FEES, AND
 THE ISSUANCE OF AN EXPEDITED LICENSE.
   § 8866. FEES FOR EXPEDITED LICENSURE. 1. A  MEMBER  STATE  ISSUING  AN
 EXPEDITED LICENSE AUTHORIZING THE PRACTICE OF MEDICINE IN THAT STATE MAY
 IMPOSE A FEE FOR A LICENSE ISSUED OR RENEWED THROUGH THE COMPACT.
   2.  THE INTERSTATE COMMISSION IS AUTHORIZED TO DEVELOP RULES REGARDING
 FEES FOR EXPEDITED LICENSES.
   § 8867. RENEWAL AND CONTINUED PARTICIPATION. 1. A PHYSICIAN SEEKING TO
 RENEW AN EXPEDITED LICENSE GRANTED IN A MEMBER STATE  SHALL  COMPLETE  A
 RENEWAL PROCESS WITH THE INTERSTATE COMMISSION IF THE PHYSICIAN:
   (A)  MAINTAINS A FULL AND UNRESTRICTED LICENSE IN A STATE OF PRINCIPAL
 LICENSE;
   (B) HAS NOT BEEN CONVICTED, RECEIVED  ADJUDICATION,  DEFERRED  ADJUDI-
 CATION,  COMMUNITY  SUPERVISION, OR DEFERRED DISPOSITION FOR ANY OFFENSE
 BY A COURT OF APPROPRIATE JURISDICTION;
   (C) HAS NOT HAD A LICENSE AUTHORIZING THE PRACTICE OF MEDICINE SUBJECT
 TO DISCIPLINE BY A LICENSING AGENCY IN ANY STATE,  FEDERAL,  OR  FOREIGN
 JURISDICTION,  EXCLUDING  ANY  ACTION  RELATED  TO  NON-PAYMENT  OF FEES
 RELATED TO A LICENSE; AND
   (D) HAS NOT HAD A CONTROLLED SUBSTANCE LICENSE OR PERMIT SUSPENDED  OR
 REVOKED BY A STATE OR THE UNITED STATES DRUG ENFORCEMENT ADMINISTRATION.
   2.  PHYSICIANS  SHALL COMPLY WITH ALL CONTINUING PROFESSIONAL DEVELOP-
 MENT OR CONTINUING MEDICAL  EDUCATION  REQUIREMENTS  FOR  RENEWAL  OF  A
 LICENSE ISSUED BY A MEMBER STATE.
   3.  THE  INTERSTATE  COMMISSION SHALL COLLECT ANY RENEWAL FEES CHARGED
 FOR THE RENEWAL OF A LICENSE AND DISTRIBUTE THE FEES TO  THE  APPLICABLE
 MEMBER BOARD.
   4.  UPON RECEIPT OF ANY RENEWAL FEES COLLECTED IN SUBDIVISION THREE OF
 THIS SECTION, A MEMBER BOARD SHALL RENEW THE PHYSICIAN'S LICENSE.
   5. PHYSICIAN INFORMATION COLLECTED BY THE INTERSTATE COMMISSION DURING
 THE RENEWAL PROCESS WILL BE DISTRIBUTED TO ALL MEMBER BOARDS.
   6. THE INTERSTATE COMMISSION IS AUTHORIZED TO DEVELOP RULES TO ADDRESS
 RENEWAL OF LICENSES OBTAINED THROUGH THE COMPACT.
   § 8868. COORDINATED INFORMATION SYSTEM. 1. THE  INTERSTATE  COMMISSION
 SHALL  ESTABLISH  A  DATABASE  OF  ALL  PHYSICIANS LICENSED, OR WHO HAVE
 APPLIED FOR LICENSURE, UNDER SECTION EIGHTY-EIGHT HUNDRED SIXTY-FIVE  OF
 THIS ARTICLE.
   2.  NOTWITHSTANDING  ANY  OTHER  PROVISION OF LAW, MEMBER BOARDS SHALL
 REPORT TO THE INTERSTATE COMMISSION  ANY  PUBLIC  ACTION  OR  COMPLAINTS
 AGAINST  A  LICENSED  PHYSICIAN WHO HAS APPLIED OR RECEIVED AN EXPEDITED
 LICENSE THROUGH THE COMPACT.
   3. MEMBER BOARDS SHALL REPORT DISCIPLINARY OR  INVESTIGATORY  INFORMA-
 TION  DETERMINED  AS  NECESSARY  AND  PROPER  BY  RULE OF THE INTERSTATE
 COMMISSION.
 S. 4007                            191                           A. 3007
 
   4. MEMBER BOARDS MAY REPORT ANY NON-PUBLIC COMPLAINT, DISCIPLINARY, OR
 INVESTIGATORY INFORMATION NOT REQUIRED  BY  SUBDIVISION  THREE  OF  THIS
 SECTION TO THE INTERSTATE COMMISSION.
   5.  MEMBER  BOARDS  SHALL  SHARE COMPLAINT OR DISCIPLINARY INFORMATION
 ABOUT A PHYSICIAN UPON REQUEST OF ANOTHER MEMBER BOARD.
   6. ALL INFORMATION PROVIDED TO THE INTERSTATE COMMISSION  OR  DISTRIB-
 UTED  BY MEMBER BOARDS SHALL BE CONFIDENTIAL, FILED UNDER SEAL, AND USED
 ONLY FOR INVESTIGATORY OR DISCIPLINARY MATTERS.
   7. THE INTERSTATE  COMMISSION  IS  AUTHORIZED  TO  DEVELOP  RULES  FOR
 MANDATED OR DISCRETIONARY SHARING OF INFORMATION BY MEMBER BOARDS.
   § 8869. JOINT INVESTIGATIONS. 1. LICENSURE AND DISCIPLINARY RECORDS OF
 PHYSICIANS ARE DEEMED INVESTIGATIVE.
   2.  IN  ADDITION  TO  THE  AUTHORITY  GRANTED TO A MEMBER BOARD BY ITS
 RESPECTIVE MEDICAL PRACTICE ACT OR OTHER APPLICABLE STATE LAW, A  MEMBER
 BOARD  MAY  PARTICIPATE WITH OTHER MEMBER BOARDS IN JOINT INVESTIGATIONS
 OF PHYSICIANS LICENSED BY THE MEMBER BOARDS.
   3. A SUBPOENA ISSUED BY A MEMBER STATE SHALL BE ENFORCEABLE  IN  OTHER
 MEMBER STATES.
   4.  MEMBER  BOARDS MAY SHARE ANY INVESTIGATIVE, LITIGATION, OR COMPLI-
 ANCE MATERIALS IN FURTHERANCE OF ANY JOINT OR  INDIVIDUAL  INVESTIGATION
 INITIATED UNDER THE COMPACT.
   5.  ANY  MEMBER  STATE MAY INVESTIGATE ACTUAL OR ALLEGED VIOLATIONS OF
 THE STATUTES AUTHORIZING THE PRACTICE OF MEDICINE IN  ANY  OTHER  MEMBER
 STATE IN WHICH A PHYSICIAN HOLDS A LICENSE TO PRACTICE MEDICINE.
   § 8870. DISCIPLINARY  ACTIONS. 1. ANY DISCIPLINARY ACTION TAKEN BY ANY
 MEMBER BOARD AGAINST A PHYSICIAN LICENSED THROUGH THE COMPACT  SHALL  BE
 DEEMED  UNPROFESSIONAL  CONDUCT  WHICH  MAY  BE SUBJECT TO DISCIPLINE BY
 OTHER MEMBER BOARDS, IN ADDITION TO ANY VIOLATION OF THE  MEDICAL  PRAC-
 TICE ACT OR REGULATIONS IN THAT STATE.
   2.  IF  A  LICENSE  GRANTED  TO A PHYSICIAN BY THE MEMBER BOARD IN THE
 STATE OF PRINCIPAL LICENSE IS REVOKED, SURRENDERED  OR  RELINQUISHED  IN
 LIEU OF DISCIPLINE, OR SUSPENDED, THEN ALL LICENSES ISSUED TO THE PHYSI-
 CIAN  BY  MEMBER  BOARDS  SHALL AUTOMATICALLY BE PLACED, WITHOUT FURTHER
 ACTION NECESSARY BY ANY MEMBER BOARD, ON THE SAME STATUS. IF THE  MEMBER
 BOARD  IN  THE  STATE  OF  PRINCIPAL LICENSE SUBSEQUENTLY REINSTATES THE
 PHYSICIAN'S LICENSE, A LICENSE ISSUED TO  THE  PHYSICIAN  BY  ANY  OTHER
 MEMBER  BOARD SHALL REMAIN ENCUMBERED UNTIL THAT RESPECTIVE MEMBER BOARD
 TAKES ACTION TO REINSTATE THE LICENSE IN A MANNER  CONSISTENT  WITH  THE
 MEDICAL PRACTICE ACT OF THAT STATE.
   3.  IF  DISCIPLINARY  ACTION  IS TAKEN AGAINST A PHYSICIAN BY A MEMBER
 BOARD NOT IN THE STATE OF PRINCIPAL LICENSE, ANY OTHER MEMBER BOARD  MAY
 DEEM THE ACTION CONCLUSIVE AS TO MATTER OF LAW AND FACT DECIDED, AND:
   (A) IMPOSE THE SAME OR LESSER SANCTION OR SANCTIONS AGAINST THE PHYSI-
 CIAN  SO LONG AS SUCH SANCTIONS ARE CONSISTENT WITH THE MEDICAL PRACTICE
 ACT OF THAT STATE; OR
   (B) PURSUE SEPARATE DISCIPLINARY ACTION AGAINST  THE  PHYSICIAN  UNDER
 ITS  RESPECTIVE  MEDICAL PRACTICE ACT, REGARDLESS OF THE ACTION TAKEN IN
 OTHER MEMBER STATES.
   4. IF A LICENSE GRANTED TO A PHYSICIAN BY A MEMBER BOARD  IS  REVOKED,
 SURRENDERED,  OR  RELINQUISHED IN LIEU OF DISCIPLINE, OR SUSPENDED, THEN
 ANY LICENSE OR LICENSES ISSUED TO THE  PHYSICIAN  BY  ANY  OTHER  MEMBER
 BOARD  OR BOARDS SHALL BE SUSPENDED, AUTOMATICALLY AND IMMEDIATELY WITH-
 OUT FURTHER ACTION NECESSARY BY THE OTHER MEMBER BOARD  OR  BOARDS,  FOR
 NINETY DAYS UPON ENTRY OF THE ORDER BY THE DISCIPLINING BOARD, TO PERMIT
 THE MEMBER BOARD OR BOARDS TO INVESTIGATE THE BASIS FOR THE ACTION UNDER
 THE MEDICAL PRACTICE ACT OF THAT STATE. A MEMBER BOARD MAY TERMINATE THE
 S. 4007                            192                           A. 3007
 
 AUTOMATIC SUSPENSION OF THE LICENSE IT ISSUED PRIOR TO THE COMPLETION OF
 THE NINETY DAY SUSPENSION PERIOD IN A MANNER CONSISTENT WITH THE MEDICAL
 PRACTICE ACT OF THAT STATE.
   § 8871. INTERSTATE MEDICAL LICENSURE COMPACT COMMISSION. 1. THE MEMBER
 STATES  HEREBY  CREATE THE "INTERSTATE MEDICAL LICENSURE COMPACT COMMIS-
 SION".
   2. THE PURPOSE OF THE INTERSTATE COMMISSION IS THE  ADMINISTRATION  OF
 THE INTERSTATE MEDICAL LICENSURE COMPACT, WHICH IS A DISCRETIONARY STATE
 FUNCTION.
   3. THE INTERSTATE COMMISSION SHALL BE A BODY CORPORATE AND JOINT AGEN-
 CY OF THE MEMBER STATES AND SHALL HAVE ALL THE RESPONSIBILITIES, POWERS,
 AND  DUTIES  SET FORTH IN THE COMPACT, AND SUCH ADDITIONAL POWERS AS MAY
 BE CONFERRED UPON IT BY A SUBSEQUENT CONCURRENT ACTION OF THE RESPECTIVE
 LEGISLATURES OF THE MEMBER STATES IN ACCORDANCE WITH THE  TERMS  OF  THE
 COMPACT.
   4.  THE  INTERSTATE  COMMISSION  SHALL CONSIST OF TWO VOTING REPRESEN-
 TATIVES APPOINTED BY EACH MEMBER STATE WHO SHALL SERVE AS COMMISSIONERS.
 IN STATES WHERE ALLOPATHIC AND OSTEOPATHIC PHYSICIANS ARE  REGULATED  BY
 SEPARATE  MEMBER  BOARDS, OR IF THE LICENSING AND DISCIPLINARY AUTHORITY
 IS SPLIT BETWEEN MULTIPLE MEMBER  BOARDS  WITHIN  A  MEMBER  STATE,  THE
 MEMBER  STATE SHALL APPOINT ONE REPRESENTATIVE FROM EACH MEMBER BOARD. A
 COMMISSIONER SHALL BE A OR AN:
   (A) ALLOPATHIC OR OSTEOPATHIC PHYSICIAN APPOINTED TO A MEMBER BOARD;
   (B) EXECUTIVE DIRECTOR, EXECUTIVE SECRETARY, OR SIMILAR EXECUTIVE OF A
 MEMBER BOARD; OR
   (C) MEMBER OF THE PUBLIC APPOINTED TO A MEMBER BOARD.
   5. THE INTERSTATE COMMISSION SHALL MEET AT LEAST  ONCE  EACH  CALENDAR
 YEAR.  A  PORTION OF THIS MEETING SHALL BE A BUSINESS MEETING TO ADDRESS
 SUCH MATTERS AS MAY PROPERLY COME BEFORE THE COMMISSION,  INCLUDING  THE
 ELECTION  OF  OFFICERS. THE CHAIRPERSON MAY CALL ADDITIONAL MEETINGS AND
 SHALL CALL FOR A MEETING UPON THE REQUEST OF A MAJORITY  OF  THE  MEMBER
 STATES.
   6. THE BYLAWS MAY PROVIDE FOR MEETINGS OF THE INTERSTATE COMMISSION TO
 BE CONDUCTED BY TELECOMMUNICATION OR ELECTRONIC COMMUNICATION.
   7.  EACH  COMMISSIONER  PARTICIPATING  AT  A MEETING OF THE INTERSTATE
 COMMISSION IS ENTITLED TO ONE VOTE. A MAJORITY  OF  COMMISSIONERS  SHALL
 CONSTITUTE  A  QUORUM  FOR  THE TRANSACTION OF BUSINESS, UNLESS A LARGER
 QUORUM IS REQUIRED BY THE BYLAWS OF THE INTERSTATE COMMISSION. A COMMIS-
 SIONER SHALL NOT DELEGATE A VOTE TO ANOTHER COMMISSIONER. IN THE ABSENCE
 OF ITS COMMISSIONER, A MEMBER STATE MAY DELEGATE VOTING AUTHORITY FOR  A
 SPECIFIED  MEETING  TO ANOTHER PERSON FROM THAT STATE WHO SHALL MEET THE
 REQUIREMENTS OF SUBDIVISION FOUR OF THIS SECTION.
   8. THE INTERSTATE COMMISSION SHALL PROVIDE PUBLIC NOTICE OF ALL  MEET-
 INGS  AND  ALL  MEETINGS  SHALL  BE  OPEN  TO THE PUBLIC. THE INTERSTATE
 COMMISSION MAY CLOSE A MEETING, IN FULL OR IN PORTION, WHERE  IT  DETER-
 MINES  BY  A  TWO-THIRDS  VOTE OF THE COMMISSIONERS PRESENT THAT AN OPEN
 MEETING WOULD BE LIKELY TO:
   (A) RELATE SOLELY TO THE INTERNAL PERSONNEL PRACTICES  AND  PROCEDURES
 OF THE INTERSTATE COMMISSION;
   (B)  DISCUSS  MATTERS SPECIFICALLY EXEMPTED FROM DISCLOSURE BY FEDERAL
 STATUTE;
   (C) DISCUSS TRADE SECRETS, COMMERCIAL, OR FINANCIAL  INFORMATION  THAT
 IS PRIVILEGED OR CONFIDENTIAL;
   (D)  INVOLVE  ACCUSING  A  PERSON  OF A CRIME, OR FORMALLY CENSURING A
 PERSON;
 S. 4007                            193                           A. 3007
 
   (E) DISCUSS INFORMATION OF A PERSONAL NATURE  WHERE  DISCLOSURE  WOULD
 CONSTITUTE A CLEARLY UNWARRANTED INVASION OF PERSONAL PRIVACY;
   (F)   DISCUSS  INVESTIGATIVE  RECORDS  COMPILED  FOR  LAW  ENFORCEMENT
 PURPOSES; OR
   (G) SPECIFICALLY RELATE TO THE PARTICIPATION  IN  A  CIVIL  ACTION  OR
 OTHER LEGAL PROCEEDING.
   9.  THE  INTERSTATE  COMMISSION  SHALL  KEEP MINUTES WHICH SHALL FULLY
 DESCRIBE ALL MATTERS DISCUSSED IN A MEETING AND SHALL PROVIDE A FULL AND
 ACCURATE SUMMARY OF ACTIONS TAKEN, INCLUDING RECORD  OF  ANY  ROLL  CALL
 VOTES.
   10.  THE INTERSTATE COMMISSION SHALL MAKE ITS INFORMATION AND OFFICIAL
 RECORDS, TO THE EXTENT NOT OTHERWISE DESIGNATED IN THE COMPACT OR BY ITS
 RULES, AVAILABLE TO THE PUBLIC FOR INSPECTION.
   11. THE INTERSTATE COMMISSION SHALL ESTABLISH AN EXECUTIVE  COMMITTEE,
 WHICH  SHALL  INCLUDE OFFICERS, MEMBERS, AND OTHERS AS DETERMINED BY THE
 BYLAWS. THE EXECUTIVE COMMITTEE SHALL HAVE THE POWER TO ACT ON BEHALF OF
 THE INTERSTATE COMMISSION, WITH  THE  EXCEPTION  OF  RULEMAKING,  DURING
 PERIODS WHEN THE INTERSTATE COMMISSION IS NOT IN SESSION. WHEN ACTING ON
 BEHALF OF THE INTERSTATE COMMISSION, THE EXECUTIVE COMMITTEE SHALL OVER-
 SEE  THE ADMINISTRATION OF THE COMPACT INCLUDING ENFORCEMENT AND COMPLI-
 ANCE WITH THE PROVISIONS OF THE COMPACT, ITS BYLAWS AND RULES, AND OTHER
 SUCH DUTIES AS NECESSARY.
   12. THE INTERSTATE  COMMISSION  MAY  ESTABLISH  OTHER  COMMITTEES  FOR
 GOVERNANCE AND ADMINISTRATION OF THE COMPACT.
   § 8872. POWERS AND DUTIES OF THE INTERSTATE COMMISSION. THE INTERSTATE
 COMMISSION SHALL HAVE THE DUTY AND POWER TO:
   1. OVERSEE AND MAINTAIN THE ADMINISTRATION OF THE COMPACT;
   2.  PROMULGATE  RULES  WHICH SHALL BE BINDING TO THE EXTENT AND IN THE
 MANNER PROVIDED FOR IN THE COMPACT;
   3. ISSUE, UPON THE REQUEST OF A MEMBER STATE OR MEMBER BOARD, ADVISORY
 OPINIONS CONCERNING THE MEANING OR INTERPRETATION OF  THE  COMPACT,  ITS
 BYLAWS, RULES, AND ACTIONS;
   4.  ENFORCE  COMPLIANCE WITH COMPACT PROVISIONS, THE RULES PROMULGATED
 BY THE INTERSTATE COMMISSION, AND THE BYLAWS, USING  ALL  NECESSARY  AND
 PROPER MEANS, INCLUDING BUT NOT LIMITED TO THE USE OF JUDICIAL PROCESS;
   5.  ESTABLISH AND APPOINT COMMITTEES INCLUDING, BUT NOT LIMITED TO, AN
 EXECUTIVE COMMITTEE AS REQUIRED BY SECTION EIGHTY-EIGHT  HUNDRED  SEVEN-
 TY-ONE  OF  THIS ARTICLE, WHICH SHALL HAVE THE POWER TO ACT ON BEHALF OF
 THE INTERSTATE COMMISSION IN CARRYING OUT ITS POWERS AND DUTIES;
   6. PAY, OR PROVIDE FOR THE PAYMENT OF  THE  EXPENSES  RELATED  TO  THE
 ESTABLISHMENT,  ORGANIZATION,  AND  ONGOING ACTIVITIES OF THE INTERSTATE
 COMMISSION;
   7. ESTABLISH AND MAINTAIN ONE OR MORE OFFICES;
   8. BORROW, ACCEPT, HIRE, OR CONTRACT FOR SERVICES OF PERSONNEL;
   9. PURCHASE AND MAINTAIN INSURANCE AND BONDS;
   10. EMPLOY AN EXECUTIVE DIRECTOR WHO SHALL HAVE SUCH POWERS TO EMPLOY,
 SELECT OR APPOINT EMPLOYEES, AGENTS, OR CONSULTANTS,  AND  TO  DETERMINE
 THEIR QUALIFICATIONS, DEFINE THEIR DUTIES, AND FIX THEIR COMPENSATION;
   11. ESTABLISH PERSONNEL POLICIES AND PROGRAMS RELATING TO CONFLICTS OF
 INTEREST, RATES OF COMPENSATION, AND QUALIFICATIONS OF PERSONNEL;
   12. ACCEPT DONATIONS AND GRANTS OF MONEY, EQUIPMENT, SUPPLIES, MATERI-
 ALS AND SERVICES, AND TO RECEIVE, UTILIZE, AND DISPOSE OF IT IN A MANNER
 CONSISTENT  WITH  THE  CONFLICT  OF INTEREST POLICIES ESTABLISHED BY THE
 INTERSTATE COMMISSION;
 S. 4007                            194                           A. 3007

   13. LEASE, PURCHASE, ACCEPT CONTRIBUTIONS OR DONATIONS OF,  OR  OTHER-
 WISE  TO  OWN,  HOLD,  IMPROVE, OR USE, ANY PROPERTY, REAL, PERSONAL, OR
 MIXED;
   14.  SELL,  CONVEY,  MORTGAGE,  PLEDGE,  LEASE,  EXCHANGE, ABANDON, OR
 OTHERWISE DISPOSE OF ANY PROPERTY, REAL, PERSONAL, OR MIXED;
   15. ESTABLISH A BUDGET AND MAKE EXPENDITURES;
   16. ADOPT A SEAL AND BYLAWS GOVERNING THE MANAGEMENT AND OPERATION  OF
 THE INTERSTATE COMMISSION;
   17.  REPORT  ANNUALLY  TO THE LEGISLATURES AND GOVERNORS OF THE MEMBER
 STATES CONCERNING THE ACTIVITIES OF THE INTERSTATE COMMISSION DURING THE
 PRECEDING YEAR.  SUCH REPORTS SHALL ALSO INCLUDE  REPORTS  OF  FINANCIAL
 AUDITS  AND ANY RECOMMENDATIONS THAT MAY HAVE BEEN ADOPTED BY THE INTER-
 STATE COMMISSION;
   18. COORDINATE EDUCATION, TRAINING, AND PUBLIC AWARENESS REGARDING THE
 COMPACT, ITS IMPLEMENTATION, AND ITS OPERATION;
   19. MAINTAIN RECORDS IN ACCORDANCE WITH THE BYLAWS;
   20. SEEK AND OBTAIN TRADEMARKS, COPYRIGHTS, AND PATENTS; AND
   21. PERFORM SUCH FUNCTIONS AS  MAY  BE  NECESSARY  OR  APPROPRIATE  TO
 ACHIEVE THE PURPOSES OF THE COMPACT.
   § 8873. FINANCE  POWERS.  1. THE INTERSTATE COMMISSION MAY LEVY ON AND
 COLLECT AN ANNUAL ASSESSMENT FROM EACH MEMBER STATE TO COVER THE COST OF
 THE OPERATIONS AND ACTIVITIES  OF  THE  INTERSTATE  COMMISSION  AND  ITS
 STAFF. THE TOTAL ASSESSMENT MUST BE SUFFICIENT TO COVER THE ANNUAL BUDG-
 ET  APPROVED EACH YEAR FOR WHICH REVENUE IS NOT PROVIDED BY OTHER SOURC-
 ES. THE AGGREGATE ANNUAL ASSESSMENT AMOUNT SHALL  BE  ALLOCATED  UPON  A
 FORMULA  TO  BE  DETERMINED  BY  THE  INTERSTATE COMMISSION, WHICH SHALL
 PROMULGATE A RULE BINDING UPON ALL MEMBER STATES.
   2. THE INTERSTATE COMMISSION SHALL NOT INCUR OBLIGATIONS OF  ANY  KIND
 PRIOR TO SECURING THE FUNDS ADEQUATE TO MEET THE SAME.
   3. THE INTERSTATE COMMISSION SHALL NOT PLEDGE THE CREDIT OF ANY OF THE
 MEMBER STATES, EXCEPT BY, AND WITH THE AUTHORITY OF, THE MEMBER STATE.
   4.  THE  INTERSTATE  COMMISSION SHALL BE SUBJECT TO A YEARLY FINANCIAL
 AUDIT CONDUCTED BY A CERTIFIED OR LICENSED  PUBLIC  ACCOUNTANT  AND  THE
 REPORT OF THE AUDIT SHALL BE INCLUDED IN THE ANNUAL REPORT OF THE INTER-
 STATE COMMISSION.
   § 8874. ORGANIZATION  AND  OPERATION  OF THE INTERSTATE COMMISSION. 1.
 THE INTERSTATE COMMISSION SHALL, BY A MAJORITY OF COMMISSIONERS  PRESENT
 AND  VOTING,  ADOPT  BYLAWS TO GOVERN ITS CONDUCT AS MAY BE NECESSARY OR
 APPROPRIATE TO CARRY OUT THE  PURPOSES  OF  THE  COMPACT  WITHIN  TWELVE
 MONTHS OF THE FIRST INTERSTATE COMMISSION MEETING.
   2.  THE  INTERSTATE  COMMISSION  SHALL  ELECT OR APPOINT ANNUALLY FROM
 AMONG ITS COMMISSIONERS A CHAIRPERSON, A VICE-CHAIRPERSON, AND A  TREAS-
 URER, EACH OF WHOM SHALL HAVE SUCH AUTHORITY AND DUTIES AS MAY BE SPECI-
 FIED  IN THE BYLAWS. THE CHAIRPERSON, OR IN THE CHAIRPERSON'S ABSENCE OR
 DISABILITY, THE VICE-CHAIRPERSON, SHALL PRESIDE AT ALL MEETINGS  OF  THE
 INTERSTATE COMMISSION.
   3. OFFICERS SELECTED PURSUANT TO SUBDIVISION TWO OF THIS SECTION SHALL
 SERVE WITHOUT REMUNERATION FROM THE INTERSTATE COMMISSION.
   4.  THE  OFFICERS  AND EMPLOYEES OF THE INTERSTATE COMMISSION SHALL BE
 IMMUNE FROM SUIT AND LIABILITY, EITHER PERSONALLY OR IN  THEIR  OFFICIAL
 CAPACITY,  FOR  A  CLAIM  FOR  DAMAGE TO OR LOSS OF PROPERTY OR PERSONAL
 INJURY OR OTHER CIVIL LIABILITY CAUSED OR ARISING OUT  OF,  OR  RELATING
 TO,  AN ACTUAL OR ALLEGED ACT, ERROR, OR OMISSION THAT OCCURRED, OR THAT
 SUCH PERSON HAD A REASONABLE BASIS FOR BELIEVING  OCCURRED,  WITHIN  THE
 SCOPE  OF INTERSTATE COMMISSION EMPLOYMENT, DUTIES, OR RESPONSIBILITIES;
 PROVIDED THAT SUCH PERSON SHALL NOT BE PROTECTED FROM SUIT OR  LIABILITY
 S. 4007                            195                           A. 3007
 
 FOR  DAMAGE,  LOSS,  INJURY,  OR  LIABILITY CAUSED BY THE INTENTIONAL OR
 WILLFUL AND WANTON MISCONDUCT OF SUCH PERSON.
   (A)  THE  LIABILITY  OF  THE  EXECUTIVE  DIRECTOR AND EMPLOYEES OF THE
 INTERSTATE COMMISSION OR REPRESENTATIVES OF THE  INTERSTATE  COMMISSION,
 ACTING  WITHIN THE SCOPE OF SUCH PERSON'S EMPLOYMENT OR DUTIES FOR ACTS,
 ERRORS, OR OMISSIONS OCCURRING  WITHIN  SUCH  PERSON'S  STATE,  MAY  NOT
 EXCEED THE LIMITS OF LIABILITY SET FORTH UNDER THE CONSTITUTION AND LAWS
 OF THAT STATE FOR STATE OFFICIALS, EMPLOYEES, AND AGENTS. THE INTERSTATE
 COMMISSION  IS CONSIDERED TO BE AN INSTRUMENTALITY OF THE STATES FOR THE
 PURPOSES OF ANY SUCH  ACTION.    NOTHING  IN  THIS  PARAGRAPH  SHALL  BE
 CONSTRUED  TO  PROTECT  SUCH  PERSON  FROM SUIT OR LIABILITY FOR DAMAGE,
 LOSS, INJURY, OR LIABILITY CAUSED BY  THE  INTENTIONAL  OR  WILLFUL  AND
 WANTON MISCONDUCT OF SUCH PERSON.
   (B) THE INTERSTATE COMMISSION SHALL DEFEND THE EXECUTIVE DIRECTOR, ITS
 EMPLOYEES,  AND SUBJECT TO THE APPROVAL OF THE ATTORNEY GENERAL OR OTHER
 APPROPRIATE LEGAL COUNSEL OF THE MEMBER STATE REPRESENTED BY  AN  INTER-
 STATE COMMISSION REPRESENTATIVE, SHALL DEFEND SUCH INTERSTATE COMMISSION
 REPRESENTATIVE  IN  ANY CIVIL ACTION SEEKING TO IMPOSE LIABILITY ARISING
 OUT OF AN ACTUAL OR ALLEGED ACT, ERROR OR OMISSION THAT OCCURRED  WITHIN
 THE  SCOPE  OF  INTERSTATE COMMISSION EMPLOYMENT, DUTIES OR RESPONSIBIL-
 ITIES, OR THAT THE  DEFENDANT  HAD  A  REASONABLE  BASIS  FOR  BELIEVING
 OCCURRED  WITHIN  THE SCOPE OF INTERSTATE COMMISSION EMPLOYMENT, DUTIES,
 OR RESPONSIBILITIES, PROVIDED THAT THE ACTUAL OR ALLEGED ACT, ERROR,  OR
 OMISSION  DID  NOT RESULT FROM INTENTIONAL OR WILLFUL AND WANTON MISCON-
 DUCT ON THE PART OF SUCH PERSON.
   (C) TO THE EXTENT NOT COVERED BY THE STATE INVOLVED, MEMBER STATE,  OR
 THE  INTERSTATE  COMMISSION,  THE  REPRESENTATIVES  OR  EMPLOYEES OF THE
 INTERSTATE COMMISSION SHALL BE HELD HARMLESS IN THE AMOUNT OF A  SETTLE-
 MENT  OR JUDGMENT, INCLUDING ATTORNEY'S FEES AND COSTS, OBTAINED AGAINST
 SUCH PERSONS ARISING OUT OF AN ACTUAL OR ALLEGED ACT, ERROR, OR OMISSION
 THAT OCCURRED WITHIN THE  SCOPE  OF  INTERSTATE  COMMISSION  EMPLOYMENT,
 DUTIES, OR RESPONSIBILITIES, OR THAT SUCH PERSONS HAD A REASONABLE BASIS
 FOR BELIEVING OCCURRED WITHIN THE SCOPE OF INTERSTATE COMMISSION EMPLOY-
 MENT,  DUTIES,  OR RESPONSIBILITIES, PROVIDED THAT THE ACTUAL OR ALLEGED
 ACT, ERROR, OR OMISSION DID NOT RESULT FROM INTENTIONAL OR  WILLFUL  AND
 WANTON MISCONDUCT ON THE PART OF SUCH PERSONS.
   § 8875. RULEMAKING  FUNCTIONS  OF  THE INTERSTATE COMMISSION. 1.   THE
 INTERSTATE COMMISSION SHALL PROMULGATE  REASONABLE  RULES  IN  ORDER  TO
 EFFECTIVELY  AND  EFFICIENTLY  ACHIEVE  THE  PURPOSES  OF  THE  COMPACT.
 NOTWITHSTANDING THE FOREGOING, IN THE EVENT  THE  INTERSTATE  COMMISSION
 EXERCISES  ITS RULEMAKING AUTHORITY IN A MANNER THAT IS BEYOND THE SCOPE
 OF THE PURPOSES OF THE COMPACT, OR THE POWERS  GRANTED  HEREUNDER,  THEN
 SUCH AN ACTION BY THE INTERSTATE COMMISSION SHALL BE INVALID AND HAVE NO
 FORCE OR EFFECT.
   2.  RULES  DEEMED  APPROPRIATE  FOR  THE  OPERATIONS OF THE INTERSTATE
 COMMISSION SHALL BE MADE PURSUANT TO A RULEMAKING PROCESS THAT  SUBSTAN-
 TIALLY  CONFORMS TO THE FEDERAL MODEL STATE ADMINISTRATIVE PROCEDURE ACT
 OF 2010, AND SUBSEQUENT AMENDMENTS THERETO.
   3. NOT LATER THAN THIRTY DAYS AFTER A RULE IS PROMULGATED, ANY  PERSON
 MAY FILE A PETITION FOR JUDICIAL REVIEW OF THE RULE IN THE UNITED STATES
 DISTRICT  COURT  FOR  THE  DISTRICT  OF COLUMBIA OR THE FEDERAL DISTRICT
 WHERE THE INTERSTATE COMMISSION HAS ITS PRINCIPAL OFFICES, PROVIDED THAT
 THE FILING OF SUCH A PETITION SHALL NOT STAY OR  OTHERWISE  PREVENT  THE
 RULE  FROM BECOMING EFFECTIVE UNLESS THE COURT FINDS THAT THE PETITIONER
 HAS A SUBSTANTIAL LIKELIHOOD OF SUCCESS. THE COURT SHALL GIVE  DEFERENCE
 TO  THE  ACTIONS OF THE INTERSTATE COMMISSION CONSISTENT WITH APPLICABLE
 S. 4007                            196                           A. 3007
 
 LAW AND SHALL NOT FIND THE RULE TO BE UNLAWFUL IF THE RULE REPRESENTS  A
 REASONABLE  EXERCISE  OF THE AUTHORITY GRANTED TO THE INTERSTATE COMMIS-
 SION.
   § 8876. OVERSIGHT  OF  INTERSTATE  COMPACT. 1. THE EXECUTIVE, LEGISLA-
 TIVE, AND JUDICIAL BRANCHES OF STATE GOVERNMENT  IN  EACH  MEMBER  STATE
 SHALL  ENFORCE  THE  COMPACT  AND  SHALL  TAKE ALL ACTIONS NECESSARY AND
 APPROPRIATE  TO  EFFECTUATE  THE  COMPACT'S  PURPOSES  AND  INTENT.  THE
 PROVISIONS OF THE COMPACT AND THE RULES PROMULGATED HEREUNDER SHALL HAVE
 STANDING AS STATUTORY LAW BUT SHALL NOT OVERRIDE EXISTING STATE AUTHORI-
 TY TO REGULATE THE PRACTICE OF MEDICINE.
   2.  ALL COURTS SHALL TAKE JUDICIAL NOTICE OF THE COMPACT AND THE RULES
 IN ANY JUDICIAL OR ADMINISTRATIVE PROCEEDING IN A MEMBER STATE  PERTAIN-
 ING  TO  THE  SUBJECT MATTER OF THE COMPACT WHICH MAY AFFECT THE POWERS,
 RESPONSIBILITIES OR ACTIONS OF THE INTERSTATE COMMISSION.
   3. THE INTERSTATE COMMISSION SHALL BE ENTITLED TO RECEIVE ALL  SERVICE
 OF  PROCESS IN ANY SUCH PROCEEDING, AND SHALL HAVE STANDING TO INTERVENE
 IN THE PROCEEDING FOR ALL PURPOSES. FAILURE TO PROVIDE SERVICE OF  PROC-
 ESS  TO  THE INTERSTATE COMMISSION SHALL RENDER A JUDGMENT OR ORDER VOID
 AS TO THE INTERSTATE COMMISSION, THE COMPACT, OR PROMULGATED RULES.
   § 8877. ENFORCEMENT OF INTERSTATE COMPACT. 1. THE  INTERSTATE  COMMIS-
 SION,  IN  THE  REASONABLE EXERCISE OF ITS DISCRETION, SHALL ENFORCE THE
 PROVISIONS AND RULES OF THE COMPACT.
   2. THE INTERSTATE COMMISSION MAY, BY MAJORITY VOTE OF THE  COMMISSION-
 ERS,  INITIATE  LEGAL ACTION IN THE UNITED STATES DISTRICT COURT FOR THE
 DISTRICT OF COLUMBIA, OR, AT THE DISCRETION OF  THE  INTERSTATE  COMMIS-
 SION,  IN  THE  FEDERAL DISTRICT WHERE THE INTERSTATE COMMISSION HAS ITS
 PRINCIPAL OFFICES, TO ENFORCE COMPLIANCE  WITH  THE  PROVISIONS  OF  THE
 COMPACT, AND ITS PROMULGATED RULES AND BYLAWS, AGAINST A MEMBER STATE IN
 DEFAULT.  THE  RELIEF  SOUGHT  MAY  INCLUDE  BOTH  INJUNCTIVE RELIEF AND
 DAMAGES. IN THE EVENT JUDICIAL ENFORCEMENT IS NECESSARY, THE  PREVAILING
 PARTY SHALL BE AWARDED ALL COSTS OF SUCH LITIGATION INCLUDING REASONABLE
 ATTORNEY'S FEES.
   3.  THE  REMEDIES  HEREIN  SHALL  NOT BE THE EXCLUSIVE REMEDIES OF THE
 INTERSTATE COMMISSION.  THE INTERSTATE COMMISSION MAY  AVAIL  ITSELF  OF
 ANY  OTHER  REMEDIES  AVAILABLE  UNDER  STATE LAW OR THE REGULATION OF A
 PROFESSION.
   § 8878. DEFAULT PROCEDURES. 1. THE GROUNDS FOR  DEFAULT  INCLUDE,  BUT
 ARE  NOT  LIMITED  TO,  FAILURE  OF A MEMBER STATE TO PERFORM SUCH OBLI-
 GATIONS OR RESPONSIBILITIES IMPOSED UPON IT BY THE COMPACT, OR THE RULES
 AND BYLAWS OF THE INTERSTATE COMMISSION PROMULGATED UNDER THE COMPACT.
   2. IF THE INTERSTATE COMMISSION DETERMINES THAT  A  MEMBER  STATE  HAS
 DEFAULTED  IN  THE  PERFORMANCE  OF  ITS OBLIGATIONS OR RESPONSIBILITIES
 UNDER THE COMPACT, OR THE BYLAWS OR PROMULGATED  RULES,  THE  INTERSTATE
 COMMISSION SHALL:
   (A)  PROVIDE  WRITTEN  NOTICE TO THE DEFAULTING STATE AND OTHER MEMBER
 STATES, OF THE NATURE OF THE DEFAULT, THE MEANS OF CURING  THE  DEFAULT,
 AND  ANY  ACTION  TAKEN  BY  THE INTERSTATE COMMISSION.   THE INTERSTATE
 COMMISSION SHALL SPECIFY THE CONDITIONS BY WHICH  THE  DEFAULTING  STATE
 MUST CURE ITS DEFAULT; AND
   (B)  PROVIDE  REMEDIAL  TRAINING  AND  SPECIFIC  TECHNICAL  ASSISTANCE
 REGARDING THE DEFAULT.
   3. IF THE DEFAULTING STATE FAILS TO CURE THE DEFAULT,  THE  DEFAULTING
 STATE SHALL BE TERMINATED FROM THE COMPACT UPON AN AFFIRMATIVE VOTE OF A
 MAJORITY  OF  THE COMMISSIONERS AND ALL RIGHTS, PRIVILEGES, AND BENEFITS
 CONFERRED BY THE COMPACT SHALL TERMINATE ON THE EFFECTIVE DATE OF TERMI-
 S. 4007                            197                           A. 3007
 
 NATION. A CURE OF THE DEFAULT DOES NOT RELIEVE THE  OFFENDING  STATE  OF
 OBLIGATIONS OR LIABILITIES INCURRED DURING THE PERIOD OF THE DEFAULT.
   4.  TERMINATION  OF  MEMBERSHIP  IN  THE COMPACT SHALL BE IMPOSED ONLY
 AFTER ALL OTHER MEANS OF SECURING COMPLIANCE HAVE BEEN EXHAUSTED. NOTICE
 OF INTENT TO TERMINATE SHALL BE GIVEN BY THE  INTERSTATE  COMMISSION  TO
 THE  GOVERNOR,  THE  MAJORITY  AND  MINORITY  LEADERS  OF THE DEFAULTING
 STATE'S LEGISLATURE, AND EACH OF THE MEMBER STATES.
   5. THE INTERSTATE COMMISSION SHALL ESTABLISH RULES AND  PROCEDURES  TO
 ADDRESS  LICENSES  AND  PHYSICIANS  THAT  ARE MATERIALLY IMPACTED BY THE
 TERMINATION OF A MEMBER STATE, OR THE WITHDRAWAL OF A MEMBER STATE.
   6. THE MEMBER STATE WHICH HAS BEEN TERMINATED IS RESPONSIBLE  FOR  ALL
 DUES,  OBLIGATIONS,  AND LIABILITIES INCURRED THROUGH THE EFFECTIVE DATE
 OF TERMINATION INCLUDING OBLIGATIONS, THE PERFORMANCE OF  WHICH  EXTENDS
 BEYOND THE EFFECTIVE DATE OF TERMINATION.
   7.  THE INTERSTATE COMMISSION SHALL NOT BEAR ANY COSTS RELATING TO ANY
 STATE THAT HAS BEEN FOUND TO BE IN DEFAULT OR WHICH HAS BEEN  TERMINATED
 FROM  THE  COMPACT,  UNLESS  OTHERWISE  MUTUALLY  AGREED UPON IN WRITING
 BETWEEN THE INTERSTATE COMMISSION AND THE DEFAULTING STATE.
   8. THE DEFAULTING STATE  MAY  APPEAL  THE  ACTION  OF  THE  INTERSTATE
 COMMISSION  BY  PETITIONING  THE  UNITED  STATES  DISTRICT COURT FOR THE
 DISTRICT OF COLUMBIA  OR  THE  FEDERAL  DISTRICT  WHERE  THE  INTERSTATE
 COMMISSION  HAS  ITS  PRINCIPAL  OFFICES.  THE PREVAILING PARTY SHALL BE
 AWARDED ALL COSTS OF SUCH  LITIGATION  INCLUDING  REASONABLE  ATTORNEY'S
 FEES.
   § 8879. DISPUTE   RESOLUTION.   1.  THE  INTERSTATE  COMMISSION  SHALL
 ATTEMPT, UPON THE REQUEST OF A MEMBER STATE, TO RESOLVE  DISPUTES  WHICH
 ARE  SUBJECT  TO  THE COMPACT AND WHICH MAY ARISE AMONG MEMBER STATES OR
 MEMBER BOARDS.
   2. THE INTERSTATE COMMISSION SHALL PROMULGATE RULES PROVIDING FOR BOTH
 MEDIATION AND BINDING DISPUTE RESOLUTION AS APPROPRIATE.
   § 8880. MEMBER STATES, EFFECTIVE DATE AND AMENDMENT. 1. ANY  STATE  IS
 ELIGIBLE TO BECOME A MEMBER STATE OF THE COMPACT.
   2.  THE  COMPACT  SHALL  BECOME EFFECTIVE AND BINDING UPON LEGISLATIVE
 ENACTMENT OF THE COMPACT INTO LAW BY NO LESS THAN SEVEN  STATES.  THERE-
 AFTER,  IT  SHALL BECOME EFFECTIVE AND BINDING ON A STATE UPON ENACTMENT
 OF THE COMPACT INTO LAW BY THAT STATE.
   3. THE GOVERNORS OF NON-MEMBER STATES, OR THEIR  DESIGNEES,  SHALL  BE
 INVITED TO PARTICIPATE IN THE ACTIVITIES OF THE INTERSTATE COMMISSION ON
 A NON-VOTING BASIS PRIOR TO ADOPTION OF THE COMPACT BY ALL STATES.
   4. THE INTERSTATE COMMISSION MAY PROPOSE AMENDMENTS TO THE COMPACT FOR
 ENACTMENT  BY THE MEMBER STATES. NO AMENDMENT SHALL BECOME EFFECTIVE AND
 BINDING UPON THE INTERSTATE COMMISSION AND THE MEMBER STATES UNLESS  AND
 UNTIL IT IS ENACTED INTO LAW BY UNANIMOUS CONSENT OF THE MEMBER STATES.
   § 8881. WITHDRAWAL.  1.  ONCE EFFECTIVE, THE COMPACT SHALL CONTINUE IN
 FORCE AND REMAIN BINDING UPON EACH AND EVERY MEMBER STATE; PROVIDED THAT
 A MEMBER STATE MAY WITHDRAW FROM THE COMPACT BY  SPECIFICALLY  REPEALING
 THE STATUTE WHICH ENACTED THE COMPACT INTO LAW.
   2.  WITHDRAWAL FROM THE COMPACT SHALL BE BY THE ENACTMENT OF A STATUTE
 REPEALING THE SAME, BUT SHALL NOT TAKE EFFECT UNTIL ONE YEAR  AFTER  THE
 EFFECTIVE  DATE  OF  SUCH  STATUTE AND UNTIL WRITTEN NOTICE OF THE WITH-
 DRAWAL HAS BEEN GIVEN BY THE WITHDRAWING STATE TO THE GOVERNOR  OF  EACH
 OTHER MEMBER STATE.
   3.  THE  WITHDRAWING STATE SHALL IMMEDIATELY NOTIFY THE CHAIRPERSON OF
 THE INTERSTATE COMMISSION IN WRITING UPON  THE  INTRODUCTION  OF  LEGIS-
 LATION REPEALING THE COMPACT IN THE WITHDRAWING STATE.
 S. 4007                            198                           A. 3007
 
   4.  THE  INTERSTATE COMMISSION SHALL NOTIFY THE OTHER MEMBER STATES OF
 THE WITHDRAWING STATE'S INTENT TO WITHDRAW  WITHIN  SIXTY  DAYS  OF  ITS
 RECEIPT OF NOTICE PROVIDED UNDER SUBDIVISION THREE OF THIS SECTION.
   5.  THE WITHDRAWING STATE IS RESPONSIBLE FOR ALL DUES, OBLIGATIONS AND
 LIABILITIES INCURRED THROUGH THE EFFECTIVE DATE OF WITHDRAWAL, INCLUDING
 OBLIGATIONS, THE PERFORMANCE OF WHICH EXTEND BEYOND THE  EFFECTIVE  DATE
 OF WITHDRAWAL.
   6.  REINSTATEMENT  FOLLOWING  WITHDRAWAL OF A MEMBER STATE SHALL OCCUR
 UPON THE WITHDRAWING STATE REENACTING THE COMPACT  OR  UPON  SUCH  LATER
 DATE AS DETERMINED BY THE INTERSTATE COMMISSION.
   7. THE INTERSTATE COMMISSION IS AUTHORIZED TO DEVELOP RULES TO ADDRESS
 THE  IMPACT  OF  THE WITHDRAWAL OF A MEMBER STATE ON LICENSES GRANTED IN
 OTHER MEMBER STATES TO PHYSICIANS WHO DESIGNATED THE WITHDRAWING  MEMBER
 STATE AS THE STATE OF PRINCIPAL LICENSE.
   § 8882. DISSOLUTION.  1. THE COMPACT SHALL DISSOLVE EFFECTIVE UPON THE
 DATE OF THE WITHDRAWAL OR DEFAULT OF THE MEMBER STATE WHICH REDUCES  THE
 MEMBERSHIP IN THE COMPACT TO ONE MEMBER STATE.
   2.  UPON  THE DISSOLUTION OF THE COMPACT, THE COMPACT BECOMES NULL AND
 VOID AND SHALL BE OF NO FURTHER FORCE OR EFFECT, AND  THE  BUSINESS  AND
 AFFAIRS  OF  THE  INTERSTATE  COMMISSION  SHALL BE CONCLUDED AND SURPLUS
 FUNDS SHALL BE DISTRIBUTED IN ACCORDANCE WITH THE BYLAWS.
   § 8883. SEVERABILITY  AND  CONSTRUCTION.  1.  THE  PROVISIONS  OF  THE
 COMPACT  SHALL  BE  SEVERABLE,  AND  IF ANY PHRASE, CLAUSE, SENTENCE, OR
 PROVISION IS DEEMED  UNENFORCEABLE,  THE  REMAINING  PROVISIONS  OF  THE
 COMPACT SHALL BE ENFORCEABLE.
   2.  THE  PROVISIONS  OF  THE  COMPACT  SHALL BE LIBERALLY CONSTRUED TO
 EFFECTUATE ITS PURPOSES.
   3. NOTHING IN THE COMPACT SHALL BE CONSTRUED TO PROHIBIT THE  APPLICA-
 BILITY OF OTHER INTERSTATE COMPACTS TO WHICH THE STATES ARE MEMBERS.
   § 8884. BINDING EFFECT OF COMPACT AND OTHER LAWS. 1. NOTHING CONTAINED
 IN  THIS  ARTICLE  SHALL  PREVENT  THE ENFORCEMENT OF ANY OTHER LAW OF A
 MEMBER STATE THAT IS NOT INCONSISTENT WITH THE COMPACT.
   2. ALL LAWS IN A MEMBER STATE IN CONFLICT WITH THE COMPACT ARE  SUPER-
 SEDED TO THE EXTENT OF THE CONFLICT.
   3.  ALL  LAWFUL  ACTIONS  OF  THE INTERSTATE COMMISSION, INCLUDING ALL
 RULES AND BYLAWS PROMULGATED BY THE COMMISSION,  ARE  BINDING  UPON  THE
 MEMBER STATES.
   4.  ALL  AGREEMENTS  BETWEEN  THE INTERSTATE COMMISSION AND THE MEMBER
 STATES ARE BINDING IN ACCORDANCE WITH THEIR TERMS.
   5. IN THE EVENT ANY PROVISION OF THE  COMPACT  EXCEEDS  THE  CONSTITU-
 TIONAL  LIMITS  IMPOSED  ON  THE  LEGISLATURE  OF ANY MEMBER STATE, SUCH
 PROVISION SHALL BE INEFFECTIVE TO THE EXTENT OF THE  CONFLICT  WITH  THE
 CONSTITUTIONAL PROVISION IN QUESTION IN THAT MEMBER STATE.
   § 31. Article 170 of the education law is renumbered article 171 and a
 new  article  170  is  added  to title 8 of the education law to read as
 follows:
                                ARTICLE 170
                          NURSE LICENSURE COMPACT
 SECTION 8900. NURSE LICENSURE COMPACT.
         8901. FINDINGS AND DECLARATION OF PURPOSE.
         8902. DEFINITIONS.
         8903. GENERAL PROVISIONS AND JURISDICTION.
         8904. APPLICATIONS FOR LICENSURE IN A PARTY STATE.
         8905. ADDITIONAL AUTHORITIES INVESTED IN PARTY  STATE  LICENSING
                 BOARDS.
 S. 4007                            199                           A. 3007
 
         8906. COORDINATED  LICENSURE  INFORMATION SYSTEM AND EXCHANGE OF
                 INFORMATION.
         8907. ESTABLISHMENT OF THE INTERSTATE COMMISSION OF NURSE LICEN-
                 SURE COMPACT ADMINISTRATORS.
         8908. RULEMAKING.
         8909. OVERSIGHT, DISPUTE RESOLUTION AND ENFORCEMENT.
         8910. EFFECTIVE DATE, WITHDRAWAL AND AMENDMENT.
         8911. CONSTRUCTION AND SEVERABILITY.
   § 8900. NURSE  LICENSURE  COMPACT.  THE  NURSE  LICENSE COMPACT AS SET
 FORTH IN THE ARTICLE IS HEREBY ADOPTED AND ENTERED INTO WITH  ALL  PARTY
 STATES JOINING THEREIN.
   § 8901. FINDINGS  AND  DECLARATION OF PURPOSE  1. FINDINGS.  THE PARTY
 STATES FIND THAT:
   A. THE HEALTH AND SAFETY OF THE PUBLIC ARE AFFECTED BY THE  DEGREE  OF
 COMPLIANCE  WITH AND THE EFFECTIVENESS OF ENFORCEMENT ACTIVITIES RELATED
 TO STATE NURSE LICENSURE LAWS;
   B. VIOLATIONS OF NURSE LICENSURE AND OTHER LAWS REGULATING  THE  PRAC-
 TICE OF NURSING MAY RESULT IN INJURY OR HARM TO THE PUBLIC;
   C.  THE  EXPANDED  MOBILITY OF NURSES AND THE USE OF ADVANCED COMMUNI-
 CATION TECHNOLOGIES AS PART OF OUR NATION'S HEALTH CARE DELIVERY  SYSTEM
 REQUIRE  GREATER  COORDINATION AND COOPERATION AMONG STATES IN THE AREAS
 OF NURSE LICENSURE AND REGULATION;
   D. NEW PRACTICE MODALITIES AND TECHNOLOGY MAKE COMPLIANCE  WITH  INDI-
 VIDUAL STATE NURSE LICENSURE LAWS DIFFICULT AND COMPLEX;
   E.  THE  CURRENT SYSTEM OF DUPLICATIVE LICENSURE FOR NURSES PRACTICING
 IN MULTIPLE STATES IS CUMBERSOME  AND  REDUNDANT  FOR  BOTH  NURSES  AND
 STATES; AND
   F.  UNIFORMITY  OF  NURSE LICENSURE REQUIREMENTS THROUGHOUT THE STATES
 PROMOTES PUBLIC SAFETY AND PUBLIC HEALTH BENEFITS.
   2. DECLARATION OF PURPOSE. THE GENERAL PURPOSES OF  THIS  COMPACT  ARE
 TO:
   A.  FACILITATE  THE  STATES'  RESPONSIBILITY  TO  PROTECT THE PUBLIC'S
 HEALTH AND SAFETY;
   B. ENSURE AND ENCOURAGE THE COOPERATION OF PARTY STATES IN  THE  AREAS
 OF NURSE LICENSURE AND REGULATION;
   C.  FACILITATE THE EXCHANGE OF INFORMATION BETWEEN PARTY STATES IN THE
 AREAS OF NURSE REGULATION, INVESTIGATION AND ADVERSE ACTIONS;
   D. PROMOTE COMPLIANCE WITH THE LAWS GOVERNING THE PRACTICE OF  NURSING
 IN EACH JURISDICTION;
   E. INVEST ALL PARTY STATES WITH THE AUTHORITY TO HOLD A NURSE ACCOUNT-
 ABLE  FOR  MEETING  ALL  STATE  PRACTICE  LAWS IN THE STATE IN WHICH THE
 PATIENT IS LOCATED AT THE TIME  CARE  IS  RENDERED  THROUGH  THE  MUTUAL
 RECOGNITION OF PARTY STATE LICENSES;
   F.  DECREASE  REDUNDANCIES  IN THE CONSIDERATION AND ISSUANCE OF NURSE
 LICENSES; AND
   G. PROVIDE OPPORTUNITIES FOR INTERSTATE PRACTICE BY  NURSES  WHO  MEET
 UNIFORM LICENSURE REQUIREMENTS.
   § 8902. DEFINITIONS. 1. DEFINITIONS. AS USED IN THIS COMPACT:
   A.  "ADVERSE  ACTION"  MEANS  ANY  ADMINISTRATIVE, CIVIL, EQUITABLE OR
 CRIMINAL ACTION PERMITTED BY A  STATE'S  LAWS  WHICH  IS  IMPOSED  BY  A
 LICENSING  BOARD  OR  OTHER AUTHORITY AGAINST A NURSE, INCLUDING ACTIONS
 AGAINST AN INDIVIDUAL'S LICENSE OR MULTISTATE LICENSURE  PRIVILEGE  SUCH
 AS  REVOCATION, SUSPENSION, PROBATION, MONITORING OF THE LICENSEE, LIMI-
 TATION ON THE LICENSEE'S PRACTICE, OR ANY OTHER ENCUMBRANCE ON LICENSURE
 AFFECTING A NURSE'S AUTHORIZATION TO PRACTICE, INCLUDING ISSUANCE  OF  A
 CEASE AND DESIST ACTION.
 S. 4007                            200                           A. 3007
 
   B.  "ALTERNATIVE  PROGRAM" MEANS A NON-DISCIPLINARY MONITORING PROGRAM
 APPROVED BY A LICENSING BOARD.
   C.  "COORDINATED  LICENSURE  INFORMATION  SYSTEM"  MEANS AN INTEGRATED
 PROCESS FOR COLLECTING, STORING AND SHARING INFORMATION ON NURSE  LICEN-
 SURE  AND ENFORCEMENT ACTIVITIES RELATED TO NURSE LICENSURE LAWS THAT IS
 ADMINISTERED BY A NONPROFIT ORGANIZATION COMPOSED OF AND  CONTROLLED  BY
 LICENSING BOARDS.
   D.  "COMMISSION"  MEANS  THE  INTERSTATE COMMISSION OF NURSE LICENSURE
 COMPACT ADMINISTRATORS.
   E. "CURRENT SIGNIFICANT INVESTIGATIVE INFORMATION" MEANS:
   1. INVESTIGATIVE INFORMATION THAT A LICENSING BOARD, AFTER A  PRELIMI-
 NARY INQUIRY THAT INCLUDES NOTIFICATION AND AN OPPORTUNITY FOR THE NURSE
 TO  RESPOND,  IF  REQUIRED  BY  STATE  LAW, HAS REASON TO BELIEVE IS NOT
 GROUNDLESS AND, IF PROVED TRUE, WOULD INDICATE MORE THAN A MINOR INFRAC-
 TION; OR
   2. INVESTIGATIVE INFORMATION THAT INDICATES THAT THE NURSE  REPRESENTS
 AN  IMMEDIATE  THREAT  TO PUBLIC HEALTH AND SAFETY REGARDLESS OF WHETHER
 THE NURSE HAS BEEN NOTIFIED AND HAD AN OPPORTUNITY TO RESPOND; OR
   3. ANY INFORMATION CONCERNING A NURSE REPORTED TO A LICENSING BOARD BY
 A HEALTH CARE ENTITY, HEALTH CARE PROFESSIONAL,  OR  ANY  OTHER  PERSON,
 WHICH  INDICATES THAT THE NURSE DEMONSTRATED AN IMPAIRMENT, GROSS INCOM-
 PETENCE, OR UNPROFESSIONAL CONDUCT THAT WOULD PRESENT AN IMMINENT DANGER
 TO A PATIENT OR THE PUBLIC HEALTH, SAFETY, OR WELFARE.
   F. "ENCUMBRANCE" MEANS A REVOCATION OR SUSPENSION OF, OR  ANY  LIMITA-
 TION  ON,  THE  FULL  AND  UNRESTRICTED PRACTICE OF NURSING IMPOSED BY A
 LICENSING BOARD.
   G. "HOME STATE" MEANS THE PARTY STATE WHICH  IS  THE  NURSE'S  PRIMARY
 STATE OF RESIDENCE.
   H. "LICENSING BOARD" MEANS A PARTY STATE'S REGULATORY BODY RESPONSIBLE
 FOR ISSUING NURSE LICENSES.
   I.  "MULTISTATE  LICENSE"  MEANS A LICENSE TO PRACTICE AS A REGISTERED
 NURSE (RN) OR AS A LICENSED PRACTICAL/VOCATIONAL NURSE  (LPN/VN),  WHICH
 IS  ISSUED  BY  A  HOME  STATE LICENSING BOARD, AND WHICH AUTHORIZES THE
 LICENSED NURSE TO PRACTICE IN ALL PARTY STATES UNDER A MULTISTATE LICEN-
 SURE PRIVILEGE.
   J. "MULTISTATE LICENSURE PRIVILEGE" MEANS A LEGAL AUTHORIZATION  ASSO-
 CIATED  WITH  A MULTISTATE LICENSE PERMITTING THE PRACTICE OF NURSING AS
 EITHER A RN OR A LPN/VN IN A REMOTE STATE.
   K. "NURSE" MEANS RN OR LPN/VN, AS THOSE  TERMS  ARE  DEFINED  BY  EACH
 PARTY STATE'S PRACTICE LAWS.
   L. "PARTY STATE" MEANS ANY STATE THAT HAS ADOPTED THIS COMPACT.
   M. "REMOTE STATE" MEANS A PARTY STATE, OTHER THAN THE HOME STATE.
   N.  "SINGLE-STATE  LICENSE"  MEANS  A  NURSE LICENSE ISSUED BY A PARTY
 STATE THAT AUTHORIZES PRACTICE ONLY WITHIN THE ISSUING  STATE  AND  DOES
 NOT  INCLUDE  A  MULTISTATE LICENSURE PRIVILEGE TO PRACTICE IN ANY OTHER
 PARTY STATE.
   O. "STATE" MEANS A STATE, TERRITORY OR POSSESSION OF THE UNITED STATES
 AND THE DISTRICT OF COLUMBIA.
   P. "STATE PRACTICE LAWS" MEANS A PARTY STATE'S LAWS, RULES  AND  REGU-
 LATIONS THAT GOVERN THE PRACTICE OF NURSING, DEFINE THE SCOPE OF NURSING
 PRACTICE,  AND  CREATE  THE METHODS AND GROUNDS FOR IMPOSING DISCIPLINE.
 "STATE PRACTICE LAWS" SHALL NOT INCLUDE REQUIREMENTS NECESSARY TO OBTAIN
 AND RETAIN A LICENSE, EXCEPT FOR QUALIFICATIONS OR REQUIREMENTS  OF  THE
 HOME STATE.
   § 8903. GENERAL PROVISIONS AND JURISDICTION. 1. GENERAL PROVISIONS AND
 JURISDICTION. A. A MULTISTATE LICENSE TO PRACTICE REGISTERED OR LICENSED
 S. 4007                            201                           A. 3007
 
 PRACTICAL/VOCATIONAL  NURSING  ISSUED  BY  A HOME STATE TO A RESIDENT IN
 THAT STATE WILL BE RECOGNIZED BY EACH PARTY STATE AS AUTHORIZING A NURSE
 TO  PRACTICE  AS  A   REGISTERED   NURSE   (RN)   OR   AS   A   LICENSED
 PRACTICAL/VOCATIONAL NURSE (LPN/VN), UNDER A MULTISTATE LICENSURE PRIVI-
 LEGE, IN EACH PARTY STATE.
   B.  A  STATE  SHALL  IMPLEMENT PROCEDURES FOR CONSIDERING THE CRIMINAL
 HISTORY RECORDS OF APPLICANTS  FOR  AN  INITIAL  MULTISTATE  LICENSE  OR
 LICENSURE  BY  ENDORSEMENT. SUCH PROCEDURES SHALL INCLUDE THE SUBMISSION
 OF FINGERPRINTS OR OTHER BIOMETRIC-BASED INFORMATION BY  APPLICANTS  FOR
 THE PURPOSE OF OBTAINING AN APPLICANT'S CRIMINAL HISTORY RECORD INFORMA-
 TION FROM THE FEDERAL BUREAU OF INVESTIGATION AND THE AGENCY RESPONSIBLE
 FOR RETAINING THAT STATE'S CRIMINAL RECORDS.
   C.  EACH PARTY STATE SHALL REQUIRE ITS LICENSING BOARD TO AUTHORIZE AN
 APPLICANT TO OBTAIN OR RETAIN A MULTISTATE LICENSE  IN  THE  HOME  STATE
 ONLY IF THE APPLICANT:
   I.  MEETS  THE HOME STATE'S QUALIFICATIONS FOR LICENSURE OR RENEWAL OF
 LICENSURE, AND COMPLIES WITH ALL OTHER APPLICABLE STATE LAWS;
   II. (1) HAS GRADUATED OR IS ELIGIBLE  TO  GRADUATE  FROM  A  LICENSING
 BOARD-APPROVED RN OR LPN/VN PRELICENSURE EDUCATION PROGRAM; OR
   (2)  HAS  GRADUATED FROM A FOREIGN RN OR LPN/VN PRELICENSURE EDUCATION
 PROGRAM THAT HAS BEEN: (A) APPROVED BY THE AUTHORIZED  ACCREDITING  BODY
 IN  THE  APPLICABLE  COUNTRY, AND (B) VERIFIED BY AN INDEPENDENT CREDEN-
 TIALS REVIEW AGENCY TO BE COMPARABLE TO A LICENSING BOARD-APPROVED PREL-
 ICENSURE EDUCATION PROGRAM;
   III. HAS, IF A GRADUATE OF A FOREIGN  PRELICENSURE  EDUCATION  PROGRAM
 NOT  TAUGHT  IN  ENGLISH  OR  IF  ENGLISH IS NOT THE INDIVIDUAL'S NATIVE
 LANGUAGE, SUCCESSFULLY PASSED AN ENGLISH  PROFICIENCY  EXAMINATION  THAT
 INCLUDES THE COMPONENTS OF READING, SPEAKING, WRITING AND LISTENING;
   IV.  HAS  SUCCESSFULLY  PASSED  AN NCLEX-RN OR NCLEX-PN EXAMINATION OR
 RECOGNIZED PREDECESSOR, AS APPLICABLE;
   V. IS ELIGIBLE FOR OR HOLDS AN ACTIVE, UNENCUMBERED LICENSE;
   VI. HAS SUBMITTED, IN  CONNECTION  WITH  AN  APPLICATION  FOR  INITIAL
 LICENSURE  OR  LICENSURE BY ENDORSEMENT, FINGERPRINTS OR OTHER BIOMETRIC
 DATA FOR THE PURPOSE OF OBTAINING CRIMINAL  HISTORY  RECORD  INFORMATION
 FROM  THE FEDERAL BUREAU OF INVESTIGATION AND THE AGENCY RESPONSIBLE FOR
 RETAINING THAT STATE'S CRIMINAL RECORDS;
   VII. HAS NOT BEEN CONVICTED OR FOUND GUILTY, OR HAS  ENTERED  INTO  AN
 AGREED DISPOSITION, OF A FELONY OFFENSE UNDER APPLICABLE STATE OR FEDER-
 AL CRIMINAL LAW;
   VIII.  HAS  NOT BEEN CONVICTED OR FOUND GUILTY, OR HAS ENTERED INTO AN
 AGREED DISPOSITION, OF A MISDEMEANOR OFFENSE RELATED TO THE PRACTICE  OF
 NURSING AS DETERMINED ON A CASE-BY-CASE BASIS;
   IX. IS NOT CURRENTLY ENROLLED IN AN ALTERNATIVE PROGRAM;
   X.  IS  SUBJECT  TO  SELF-DISCLOSURE  REQUIREMENTS  REGARDING  CURRENT
 PARTICIPATION IN AN ALTERNATIVE PROGRAM; AND
   XI. HAS A VALID UNITED STATES SOCIAL SECURITY NUMBER.
   D. ALL PARTY STATES SHALL BE AUTHORIZED, IN ACCORDANCE  WITH  EXISTING
 STATE  DUE  PROCESS LAW, TO TAKE ADVERSE ACTION AGAINST A NURSE'S MULTI-
 STATE LICENSURE PRIVILEGE SUCH AS REVOCATION, SUSPENSION,  PROBATION  OR
 ANY  OTHER ACTION THAT AFFECTS A NURSE'S AUTHORIZATION TO PRACTICE UNDER
 A MULTISTATE LICENSURE PRIVILEGE, INCLUDING CEASE AND DESIST ACTIONS. IF
 A PARTY STATE TAKES SUCH ACTION, IT SHALL PROMPTLY NOTIFY  THE  ADMINIS-
 TRATOR  OF THE COORDINATED LICENSURE INFORMATION SYSTEM. THE ADMINISTRA-
 TOR OF THE COORDINATED LICENSURE INFORMATION SYSTEM SHALL PROMPTLY NOTI-
 FY THE HOME STATE OF ANY SUCH ACTIONS BY REMOTE STATES.
 S. 4007                            202                           A. 3007
 
   E. A NURSE PRACTICING IN A PARTY STATE SHALL  COMPLY  WITH  THE  STATE
 PRACTICE  LAWS  OF  THE STATE IN WHICH THE CLIENT IS LOCATED AT THE TIME
 SERVICE IS PROVIDED. THE PRACTICE OF NURSING IS NOT LIMITED  TO  PATIENT
 CARE  BUT  SHALL  INCLUDE  ALL  NURSING PRACTICE AS DEFINED BY THE STATE
 PRACTICE  LAWS  OF  THE  PARTY STATE IN WHICH THE CLIENT IS LOCATED. THE
 PRACTICE OF NURSING IN A PARTY STATE UNDER A MULTISTATE LICENSURE PRIVI-
 LEGE WILL SUBJECT A NURSE TO THE JURISDICTION OF  THE  LICENSING  BOARD,
 THE  COURTS  AND  THE  LAWS  OF  THE  PARTY STATE IN WHICH THE CLIENT IS
 LOCATED AT THE TIME SERVICE IS PROVIDED.
   F. INDIVIDUALS NOT RESIDING IN A PARTY STATE SHALL CONTINUE TO BE ABLE
 TO APPLY FOR A PARTY STATE'S SINGLE-STATE LICENSE AS PROVIDED UNDER  THE
 LAWS  OF  EACH PARTY STATE. HOWEVER, THE SINGLE-STATE LICENSE GRANTED TO
 THESE INDIVIDUALS WILL NOT BE RECOGNIZED AS GRANTING  THE  PRIVILEGE  TO
 PRACTICE NURSING IN ANY OTHER PARTY STATE. NOTHING IN THIS COMPACT SHALL
 AFFECT THE REQUIREMENTS ESTABLISHED BY A PARTY STATE FOR THE ISSUANCE OF
 A SINGLE-STATE LICENSE.
   G. ANY NURSE HOLDING A HOME STATE MULTISTATE LICENSE, ON THE EFFECTIVE
 DATE OF THIS COMPACT, MAY RETAIN AND RENEW THE MULTISTATE LICENSE ISSUED
 BY THE NURSE'S THEN-CURRENT HOME STATE, PROVIDED THAT:
   I.  A  NURSE,  WHO  CHANGES  PRIMARY  STATE  OF  RESIDENCE  AFTER THIS
 COMPACT'S EFFECTIVE DATE, SHALL MEET  ALL  APPLICABLE  REQUIREMENTS  SET
 FORTH  IN  THIS  ARTICLE  TO OBTAIN A MULTISTATE LICENSE FROM A NEW HOME
 STATE.
   II. A NURSE WHO FAILS TO SATISFY THE MULTISTATE LICENSURE REQUIREMENTS
 SET FORTH IN THIS ARTICLE DUE TO A DISQUALIFYING EVENT  OCCURRING  AFTER
 THIS  COMPACT'S  EFFECTIVE DATE SHALL BE INELIGIBLE TO RETAIN OR RENEW A
 MULTISTATE LICENSE, AND THE NURSE'S MULTISTATE LICENSE SHALL BE  REVOKED
 OR  DEACTIVATED  IN  ACCORDANCE  WITH  APPLICABLE  RULES  ADOPTED BY THE
 COMMISSION.
   § 8904. APPLICATIONS FOR LICENSURE IN A PARTY STATE.  1.  APPLICATIONS
 FOR  LICENSURE  IN  A  PARTY STATE. A. UPON APPLICATION FOR A MULTISTATE
 LICENSE, THE LICENSING BOARD IN THE ISSUING PARTY STATE SHALL ASCERTAIN,
 THROUGH THE COORDINATED LICENSURE INFORMATION SYSTEM, WHETHER THE APPLI-
 CANT HAS EVER HELD, OR IS THE HOLDER OF, A LICENSE ISSUED BY  ANY  OTHER
 STATE,  WHETHER  THERE ARE ANY ENCUMBRANCES ON ANY LICENSE OR MULTISTATE
 LICENSURE PRIVILEGE HELD BY THE APPLICANT, WHETHER  ANY  ADVERSE  ACTION
 HAS  BEEN  TAKEN  AGAINST  ANY LICENSE OR MULTISTATE LICENSURE PRIVILEGE
 HELD BY THE APPLICANT AND WHETHER THE APPLICANT IS CURRENTLY PARTICIPAT-
 ING IN AN ALTERNATIVE PROGRAM.
   B. A NURSE MAY HOLD A MULTISTATE LICENSE, ISSUED BY THE HOME STATE, IN
 ONLY ONE PARTY STATE AT A TIME.
   C. IF A NURSE CHANGES PRIMARY STATE OF RESIDENCE BY MOVING BETWEEN TWO
 PARTY STATES, THE NURSE MUST APPLY FOR LICENSURE IN THE NEW HOME  STATE,
 AND  THE MULTISTATE LICENSE ISSUED BY THE PRIOR HOME STATE WILL BE DEAC-
 TIVATED IN ACCORDANCE WITH APPLICABLE RULES ADOPTED BY THE COMMISSION.
   I. THE NURSE MAY APPLY FOR LICENSURE IN ADVANCE OF A CHANGE IN PRIMARY
 STATE OF RESIDENCE.
   II. A MULTISTATE LICENSE SHALL NOT BE ISSUED BY  THE  NEW  HOME  STATE
 UNTIL  THE  NURSE  PROVIDES SATISFACTORY EVIDENCE OF A CHANGE IN PRIMARY
 STATE OF RESIDENCE TO THE NEW HOME STATE AND  SATISFIES  ALL  APPLICABLE
 REQUIREMENTS TO OBTAIN A MULTISTATE LICENSE FROM THE NEW HOME STATE.
   D.  IF  A  NURSE  CHANGES  PRIMARY STATE OF RESIDENCE BY MOVING FROM A
 PARTY STATE TO A NON-PARTY STATE, THE MULTISTATE LICENSE ISSUED  BY  THE
 PRIOR  HOME  STATE WILL CONVERT TO A SINGLE-STATE LICENSE, VALID ONLY IN
 THE FORMER HOME STATE.
 S. 4007                            203                           A. 3007
 
   § 8905. ADDITIONAL  AUTHORITIES  INVESTED  IN  PARTY  STATE  LICENSING
 BOARDS.  1.  LICENSING  BOARD AUTHORITY. IN ADDITION TO THE OTHER POWERS
 CONFERRED BY STATE LAW, A LICENSING BOARD SHALL HAVE THE AUTHORITY TO:
   A.  TAKE  ADVERSE ACTION AGAINST A NURSE'S MULTISTATE LICENSURE PRIVI-
 LEGE TO PRACTICE WITHIN THAT PARTY STATE.
   I. ONLY THE HOME STATE SHALL HAVE THE POWER  TO  TAKE  ADVERSE  ACTION
 AGAINST A NURSE'S LICENSE ISSUED BY THE HOME STATE.
   II.  FOR  PURPOSES  OF TAKING ADVERSE ACTION, THE HOME STATE LICENSING
 BOARD SHALL GIVE THE  SAME  PRIORITY  AND  EFFECT  TO  REPORTED  CONDUCT
 RECEIVED  FROM  A  REMOTE STATE AS IT WOULD IF SUCH CONDUCT HAD OCCURRED
 WITHIN THE HOME STATE. IN SO DOING, THE HOME STATE SHALL APPLY  ITS  OWN
 STATE LAWS TO DETERMINE APPROPRIATE ACTION.
   B. ISSUE CEASE AND DESIST ORDERS OR IMPOSE AN ENCUMBRANCE ON A NURSE'S
 AUTHORITY TO PRACTICE WITHIN THAT PARTY STATE.
   C.  COMPLETE ANY PENDING INVESTIGATIONS OF A NURSE WHO CHANGES PRIMARY
 STATE OF RESIDENCE DURING THE COURSE OF SUCH INVESTIGATIONS. THE LICENS-
 ING BOARD SHALL ALSO HAVE THE AUTHORITY TO TAKE  APPROPRIATE  ACTION  OR
 ACTIONS AND SHALL PROMPTLY REPORT THE CONCLUSIONS OF SUCH INVESTIGATIONS
 TO  THE  ADMINISTRATOR  OF THE COORDINATED LICENSURE INFORMATION SYSTEM.
 THE ADMINISTRATOR OF THE COORDINATED LICENSURE INFORMATION SYSTEM  SHALL
 PROMPTLY NOTIFY THE NEW HOME STATE OF ANY SUCH ACTIONS.
   D.  ISSUE  SUBPOENAS FOR BOTH HEARINGS AND INVESTIGATIONS THAT REQUIRE
 THE ATTENDANCE AND TESTIMONY OF WITNESSES, AS WELL AS THE PRODUCTION  OF
 EVIDENCE. SUBPOENAS ISSUED BY A LICENSING BOARD IN A PARTY STATE FOR THE
 ATTENDANCE AND TESTIMONY OF WITNESSES OR THE PRODUCTION OF EVIDENCE FROM
 ANOTHER  PARTY  STATE SHALL BE ENFORCED IN THE LATTER STATE BY ANY COURT
 OF COMPETENT JURISDICTION, ACCORDING TO THE PRACTICE  AND  PROCEDURE  OF
 THAT  COURT APPLICABLE TO SUBPOENAS ISSUED IN PROCEEDINGS PENDING BEFORE
 IT.  THE ISSUING AUTHORITY SHALL PAY ANY WITNESS FEES, TRAVEL  EXPENSES,
 MILEAGE  AND OTHER FEES REQUIRED BY THE SERVICE STATUTES OF THE STATE IN
 WHICH THE WITNESSES OR EVIDENCE ARE LOCATED.
   E. OBTAIN AND SUBMIT, FOR EACH NURSE LICENSURE APPLICANT,  FINGERPRINT
 OR  OTHER  BIOMETRIC-BASED INFORMATION TO THE FEDERAL BUREAU OF INVESTI-
 GATION FOR CRIMINAL BACKGROUND CHECKS, RECEIVE THE RESULTS OF THE FEDER-
 AL BUREAU OF INVESTIGATION RECORD SEARCH ON CRIMINAL  BACKGROUND  CHECKS
 AND USE THE RESULTS IN MAKING LICENSURE DECISIONS.
   F.  IF  OTHERWISE  PERMITTED  BY  STATE LAW, RECOVER FROM THE AFFECTED
 NURSE THE COSTS OF INVESTIGATIONS AND  DISPOSITION  OF  CASES  RESULTING
 FROM ANY ADVERSE ACTION TAKEN AGAINST THAT NURSE.
   G.  TAKE  ADVERSE  ACTION  BASED ON THE FACTUAL FINDINGS OF THE REMOTE
 STATE, PROVIDED THAT THE LICENSING BOARD FOLLOWS ITS OWN PROCEDURES  FOR
 TAKING SUCH ADVERSE ACTION.
   2.  ADVERSE  ACTIONS.  A. IF ADVERSE ACTION IS TAKEN BY THE HOME STATE
 AGAINST A NURSE'S MULTISTATE LICENSE, THE NURSE'S  MULTISTATE  LICENSURE
 PRIVILEGE  TO  PRACTICE  IN  ALL OTHER PARTY STATES SHALL BE DEACTIVATED
 UNTIL ALL ENCUMBRANCES HAVE BEEN REMOVED FROM  THE  MULTISTATE  LICENSE.
 ALL  HOME STATE DISCIPLINARY ORDERS THAT IMPOSE ADVERSE ACTION AGAINST A
 NURSE'S MULTISTATE LICENSE SHALL INCLUDE A STATEMENT  THAT  THE  NURSE'S
 MULTISTATE LICENSURE PRIVILEGE IS DEACTIVATED IN ALL PARTY STATES DURING
 THE PENDENCY OF THE ORDER.
   B.  NOTHING  IN  THIS  COMPACT SHALL OVERRIDE A PARTY STATE'S DECISION
 THAT PARTICIPATION IN AN ALTERNATIVE PROGRAM MAY  BE  USED  IN  LIEU  OF
 ADVERSE  ACTION.  THE  HOME  STATE  LICENSING BOARD SHALL DEACTIVATE THE
 MULTISTATE LICENSURE PRIVILEGE UNDER THE MULTISTATE LICENSE OF ANY NURSE
 FOR THE DURATION OF THE NURSE'S PARTICIPATION IN AN ALTERNATIVE PROGRAM.
 S. 4007                            204                           A. 3007
 
   § 8906. COORDINATED  LICENSURE  INFORMATION  SYSTEM  AND  EXCHANGE  OF
 INFORMATION.  1.   COORDINATED LICENSURE INFORMATION SYSTEM AND EXCHANGE
 OF INFORMATION. A. ALL PARTY STATES SHALL PARTICIPATE IN  A  COORDINATED
 LICENSURE INFORMATION SYSTEM OF ALL LICENSED REGISTERED NURSES (RNS) AND
 LICENSED   PRACTICAL/VOCATIONAL  NURSES  (LPNS/VNS).  THIS  SYSTEM  WILL
 INCLUDE INFORMATION ON THE LICENSURE AND DISCIPLINARY  HISTORY  OF  EACH
 NURSE,  AS  SUBMITTED  BY PARTY STATES, TO ASSIST IN THE COORDINATION OF
 NURSE LICENSURE AND ENFORCEMENT EFFORTS.
   B. THE COMMISSION, IN CONSULTATION WITH THE ADMINISTRATOR OF THE COOR-
 DINATED LICENSURE INFORMATION  SYSTEM,  SHALL  FORMULATE  NECESSARY  AND
 PROPER  PROCEDURES  FOR  THE  IDENTIFICATION, COLLECTION AND EXCHANGE OF
 INFORMATION UNDER THIS COMPACT.
   C. ALL LICENSING BOARDS  SHALL  PROMPTLY  REPORT  TO  THE  COORDINATED
 LICENSURE INFORMATION SYSTEM ANY ADVERSE ACTION, ANY CURRENT SIGNIFICANT
 INVESTIGATIVE  INFORMATION, DENIALS OF APPLICATIONS WITH THE REASONS FOR
 SUCH DENIALS AND NURSE PARTICIPATION IN ALTERNATIVE  PROGRAMS  KNOWN  TO
 THE  LICENSING  BOARD REGARDLESS OF WHETHER SUCH PARTICIPATION IS DEEMED
 NONPUBLIC OR CONFIDENTIAL UNDER STATE LAW.
   D. CURRENT SIGNIFICANT INVESTIGATIVE INFORMATION AND PARTICIPATION  IN
 NONPUBLIC  OR  CONFIDENTIAL  ALTERNATIVE  PROGRAMS  SHALL BE TRANSMITTED
 THROUGH THE COORDINATED LICENSURE INFORMATION SYSTEM ONLY TO PARTY STATE
 LICENSING BOARDS.
   E. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, ALL PARTY STATE LICENS-
 ING BOARDS CONTRIBUTING INFORMATION TO THE COORDINATED LICENSURE  INFOR-
 MATION  SYSTEM  MAY  DESIGNATE  INFORMATION  THAT MAY NOT BE SHARED WITH
 NON-PARTY STATES OR DISCLOSED TO OTHER ENTITIES OR  INDIVIDUALS  WITHOUT
 THE EXPRESS PERMISSION OF THE CONTRIBUTING STATE.
   F.  ANY  PERSONALLY IDENTIFIABLE INFORMATION OBTAINED FROM THE COORDI-
 NATED LICENSURE INFORMATION SYSTEM BY  A  PARTY  STATE  LICENSING  BOARD
 SHALL NOT BE SHARED WITH NON-PARTY STATES OR DISCLOSED TO OTHER ENTITIES
 OR  INDIVIDUALS  EXCEPT TO THE EXTENT PERMITTED BY THE LAWS OF THE PARTY
 STATE CONTRIBUTING THE INFORMATION.
   G. ANY INFORMATION CONTRIBUTED TO THE COORDINATED  LICENSURE  INFORMA-
 TION  SYSTEM THAT IS SUBSEQUENTLY REQUIRED TO BE EXPUNGED BY THE LAWS OF
 THE PARTY STATE CONTRIBUTING THAT INFORMATION  SHALL  ALSO  BE  EXPUNGED
 FROM THE COORDINATED LICENSURE INFORMATION SYSTEM.
   H.  THE  COMPACT  ADMINISTRATOR  OF  EACH  PARTY STATE SHALL FURNISH A
 UNIFORM DATA SET TO THE COMPACT ADMINISTRATOR OF EACH OTHER PARTY STATE,
 WHICH SHALL INCLUDE, AT A MINIMUM:
   I. IDENTIFYING INFORMATION;
   II. LICENSURE DATA;
   III. INFORMATION RELATED TO ALTERNATIVE PROGRAM PARTICIPATION; AND
   IV. OTHER INFORMATION THAT MAY FACILITATE THE ADMINISTRATION  OF  THIS
 COMPACT, AS DETERMINED BY COMMISSION RULES.
   I. THE COMPACT ADMINISTRATOR OF A PARTY STATE SHALL PROVIDE ALL INVES-
 TIGATIVE DOCUMENTS AND INFORMATION REQUESTED BY ANOTHER PARTY STATE.
   § 8907. ESTABLISHMENT  OF THE INTERSTATE COMMISSION OF NURSE LICENSURE
 COMPACT ADMINISTRATORS.  1. COMMISSION OF NURSE LICENSURE COMPACT ADMIN-
 ISTRATORS. THE PARTY STATES HEREBY CREATE AND ESTABLISH A  JOINT  PUBLIC
 ENTITY  KNOWN  AS  THE  INTERSTATE COMMISSION OF NURSE LICENSURE COMPACT
 ADMINISTRATORS. THE  COMMISSION  IS  AN  INSTRUMENTALITY  OF  THE  PARTY
 STATES.
   2.  VENUE. VENUE IS PROPER, AND JUDICIAL PROCEEDINGS BY OR AGAINST THE
 COMMISSION SHALL BE BROUGHT SOLELY AND EXCLUSIVELY, IN A COURT OF COMPE-
 TENT JURISDICTION WHERE  THE  PRINCIPAL  OFFICE  OF  THE  COMMISSION  IS
 LOCATED.  THE  COMMISSION MAY WAIVE VENUE AND JURISDICTIONAL DEFENSES TO
 S. 4007                            205                           A. 3007
 
 THE EXTENT IT ADOPTS OR CONSENTS TO PARTICIPATE IN  ALTERNATIVE  DISPUTE
 RESOLUTION PROCEEDINGS.
   3.  SOVEREIGN  IMMUNITY. NOTHING IN THIS COMPACT SHALL BE CONSTRUED TO
 BE A WAIVER OF SOVEREIGN IMMUNITY.
   4. MEMBERSHIP, VOTING AND MEETINGS. A. EACH PARTY STATE SHALL HAVE AND
 BE LIMITED TO ONE ADMINISTRATOR. THE HEAD OF THE STATE  LICENSING  BOARD
 OR  DESIGNEE  SHALL  BE THE ADMINISTRATOR OF THIS COMPACT FOR EACH PARTY
 STATE.  ANY ADMINISTRATOR MAY BE REMOVED OR  SUSPENDED  FROM  OFFICE  AS
 PROVIDED  BY  THE  LAW  OF  THE  STATE  FROM  WHICH THE ADMINISTRATOR IS
 APPOINTED. ANY VACANCY OCCURRING IN THE COMMISSION SHALL  BE  FILLED  IN
 ACCORDANCE WITH THE LAWS OF THE PARTY STATE IN WHICH THE VACANCY EXISTS.
   B. EACH ADMINISTRATOR SHALL BE ENTITLED TO ONE VOTE WITH REGARD TO THE
 PROMULGATION OF RULES AND CREATION OF BYLAWS AND SHALL OTHERWISE HAVE AN
 OPPORTUNITY  TO  PARTICIPATE  IN THE BUSINESS AND AFFAIRS OF THE COMMIS-
 SION.  AN ADMINISTRATOR SHALL VOTE IN PERSON OR BY SUCH OTHER  MEANS  AS
 PROVIDED  IN  THE  BYLAWS. THE BYLAWS MAY PROVIDE FOR AN ADMINISTRATOR'S
 PARTICIPATION IN MEETINGS BY TELEPHONE OR OTHER MEANS OF COMMUNICATION.
   C. THE COMMISSION SHALL MEET AT LEAST ONCE DURING EACH CALENDAR  YEAR.
 ADDITIONAL MEETINGS SHALL BE HELD AS SET FORTH IN THE BYLAWS OR RULES OF
 THE COMMISSION.
   D.  ALL  MEETINGS  SHALL  BE  OPEN TO THE PUBLIC, AND PUBLIC NOTICE OF
 MEETINGS SHALL BE GIVEN IN THE SAME MANNER AS REQUIRED UNDER  THE  RULE-
 MAKING PROVISIONS IN SECTION EIGHTY-NINE HUNDRED THREE OF THIS ARTICLE.
   5. CLOSED MEETINGS. A. THE COMMISSION MAY CONVENE IN A CLOSED, NONPUB-
 LIC MEETING IF THE COMMISSION SHALL DISCUSS:
   I.  NONCOMPLIANCE  OF  A  PARTY  STATE WITH ITS OBLIGATIONS UNDER THIS
 COMPACT;
   II.  THE  EMPLOYMENT,  COMPENSATION,  DISCIPLINE  OR  OTHER  PERSONNEL
 MATTERS,  PRACTICES OR PROCEDURES RELATED TO SPECIFIC EMPLOYEES OR OTHER
 MATTERS RELATED TO THE COMMISSION'S  INTERNAL  PERSONNEL  PRACTICES  AND
 PROCEDURES;
   III. CURRENT, THREATENED OR REASONABLY ANTICIPATED LITIGATION;
   IV.  NEGOTIATION  OF  CONTRACTS  FOR  THE  PURCHASE  OR SALE OF GOODS,
 SERVICES OR REAL ESTATE;
   V. ACCUSING ANY PERSON OF A CRIME OR FORMALLY CENSURING ANY PERSON;
   VI. DISCLOSURE OF TRADE SECRETS OR COMMERCIAL OR FINANCIAL INFORMATION
 THAT IS PRIVILEGED OR CONFIDENTIAL;
   VII. DISCLOSURE OF INFORMATION OF A PERSONAL NATURE  WHERE  DISCLOSURE
 WOULD CONSTITUTE A CLEARLY UNWARRANTED INVASION OF PERSONAL PRIVACY;
   VIII. DISCLOSURE OF INVESTIGATORY RECORDS COMPILED FOR LAW ENFORCEMENT
 PURPOSES;
   IX. DISCLOSURE OF INFORMATION RELATED TO ANY REPORTS PREPARED BY OR ON
 BEHALF  OF THE COMMISSION FOR THE PURPOSE OF INVESTIGATION OF COMPLIANCE
 WITH THIS COMPACT; OR
   X. MATTERS SPECIFICALLY EXEMPTED FROM DISCLOSURE BY FEDERAL  OR  STATE
 STATUTE.
   B.  IF  A MEETING, OR PORTION OF A MEETING, IS CLOSED PURSUANT TO THIS
 PARAGRAPH THE COMMISSION'S LEGAL COUNSEL OR DESIGNEE SHALL CERTIFY  THAT
 THE  MEETING  MAY  BE CLOSED AND SHALL REFERENCE EACH RELEVANT EXEMPTING
 PROVISION. THE COMMISSION SHALL KEEP  MINUTES  THAT  FULLY  AND  CLEARLY
 DESCRIBE ALL MATTERS DISCUSSED IN A MEETING AND SHALL PROVIDE A FULL AND
 ACCURATE SUMMARY OF ACTIONS TAKEN, AND THE REASONS THEREFOR, INCLUDING A
 DESCRIPTION   OF  THE  VIEWS  EXPRESSED.  ALL  DOCUMENTS  CONSIDERED  IN
 CONNECTION WITH AN ACTION SHALL  BE  IDENTIFIED  IN  SUCH  MINUTES.  ALL
 MINUTES  AND  DOCUMENTS  OF  A  CLOSED  MEETING SHALL REMAIN UNDER SEAL,
 S. 4007                            206                           A. 3007
 
 SUBJECT TO RELEASE BY A MAJORITY VOTE OF THE COMMISSION OR  ORDER  OF  A
 COURT OF COMPETENT JURISDICTION.
   C.  THE  COMMISSION  SHALL,  BY A MAJORITY VOTE OF THE ADMINISTRATORS,
 PRESCRIBE BYLAWS OR RULES TO GOVERN ITS CONDUCT AS MAY BE  NECESSARY  OR
 APPROPRIATE  TO  CARRY  OUT THE PURPOSES AND EXERCISE THE POWERS OF THIS
 COMPACT, INCLUDING BUT NOT LIMITED TO:
   I. ESTABLISHING THE FISCAL YEAR OF THE COMMISSION;
   II. PROVIDING REASONABLE STANDARDS AND PROCEDURES:
   (1) FOR THE ESTABLISHMENT AND MEETINGS OF OTHER COMMITTEES; AND
   (2) GOVERNING ANY GENERAL OR SPECIFIC DELEGATION OF ANY  AUTHORITY  OR
 FUNCTION OF THE COMMISSION;
   III.  PROVIDING REASONABLE PROCEDURES FOR CALLING AND CONDUCTING MEET-
 INGS OF THE COMMISSION, ENSURING REASONABLE ADVANCE NOTICE OF ALL  MEET-
 INGS  AND  PROVIDING  AN  OPPORTUNITY FOR ATTENDANCE OF SUCH MEETINGS BY
 INTERESTED PARTIES, WITH ENUMERATED EXCEPTIONS DESIGNED TO  PROTECT  THE
 PUBLIC'S  INTEREST, THE PRIVACY OF INDIVIDUALS, AND PROPRIETARY INFORMA-
 TION, INCLUDING TRADE SECRETS. THE COMMISSION MAY MEET IN CLOSED SESSION
 ONLY AFTER A MAJORITY OF THE ADMINISTRATORS VOTE TO CLOSE A  MEETING  IN
 WHOLE  OR  IN  PART.  AS  SOON  AS PRACTICABLE, THE COMMISSION MUST MAKE
 PUBLIC A COPY OF THE VOTE TO CLOSE THE MEETING  REVEALING  THE  VOTE  OF
 EACH ADMINISTRATOR, WITH NO PROXY VOTES ALLOWED;
   IV.  ESTABLISHING  THE  TITLES,  DUTIES  AND  AUTHORITY AND REASONABLE
 PROCEDURES FOR THE ELECTION OF THE OFFICERS OF THE COMMISSION;
   V. PROVIDING REASONABLE STANDARDS AND PROCEDURES FOR THE ESTABLISHMENT
 OF THE PERSONNEL POLICIES AND PROGRAMS OF THE COMMISSION.  NOTWITHSTAND-
 ING  ANY  CIVIL  SERVICE  OR  OTHER SIMILAR LAWS OF ANY PARTY STATE, THE
 BYLAWS SHALL EXCLUSIVELY GOVERN THE PERSONNEL POLICIES AND  PROGRAMS  OF
 THE COMMISSION; AND
   VI. PROVIDING A MECHANISM FOR WINDING UP THE OPERATIONS OF THE COMMIS-
 SION  AND  THE EQUITABLE DISPOSITION OF ANY SURPLUS FUNDS THAT MAY EXIST
 AFTER THE TERMINATION OF THIS COMPACT AFTER THE PAYMENT OR RESERVING  OF
 ALL OF ITS DEBTS AND OBLIGATIONS.
   6.  GENERAL PROVISIONS. A. THE COMMISSION SHALL PUBLISH ITS BYLAWS AND
 RULES, AND ANY AMENDMENTS THERETO, IN A CONVENIENT FORM ON  THE  WEBSITE
 OF THE COMMISSION.
   B.  THE  COMMISSION SHALL MAINTAIN ITS FINANCIAL RECORDS IN ACCORDANCE
 WITH THE BYLAWS.
   C. THE COMMISSION SHALL MEET AND TAKE SUCH ACTIONS AS  ARE  CONSISTENT
 WITH THE PROVISIONS OF THIS COMPACT AND THE BYLAWS.
    7.  POWERS OF THE COMMISSION. THE COMMISSION SHALL HAVE THE FOLLOWING
 POWERS:
   A. TO PROMULGATE UNIFORM RULES TO FACILITATE AND COORDINATE  IMPLEMEN-
 TATION  AND  ADMINISTRATION  OF  THIS  COMPACT. THE RULES SHALL HAVE THE
 FORCE AND EFFECT OF LAW AND SHALL BE BINDING IN ALL PARTY STATES;
   B. TO BRING AND PROSECUTE LEGAL PROCEEDINGS OR ACTIONS IN THE NAME  OF
 THE COMMISSION, PROVIDED THAT THE STANDING OF ANY LICENSING BOARD TO SUE
 OR BE SUED UNDER APPLICABLE LAW SHALL NOT BE AFFECTED;
   C. TO PURCHASE AND MAINTAIN INSURANCE AND BONDS;
   D. TO BORROW, ACCEPT OR CONTRACT FOR SERVICES OF PERSONNEL, INCLUDING,
 BUT  NOT  LIMITED  TO, EMPLOYEES OF A PARTY STATE OR NONPROFIT ORGANIZA-
 TIONS;
   E.  TO  COOPERATE  WITH  OTHER  ORGANIZATIONS  THAT  ADMINISTER  STATE
 COMPACTS RELATED TO THE REGULATION OF NURSING, INCLUDING BUT NOT LIMITED
 TO  SHARING  ADMINISTRATIVE  OR  STAFF  EXPENSES,  OFFICE SPACE OR OTHER
 RESOURCES;
 S. 4007                            207                           A. 3007
 
   F. TO HIRE EMPLOYEES, ELECT OR  APPOINT  OFFICERS,  FIX  COMPENSATION,
 DEFINE DUTIES, GRANT SUCH INDIVIDUALS APPROPRIATE AUTHORITY TO CARRY OUT
 THE  PURPOSES OF THIS COMPACT, AND TO ESTABLISH THE COMMISSION'S PERSON-
 NEL POLICIES AND PROGRAMS RELATING TO CONFLICTS OF INTEREST,  QUALIFICA-
 TIONS OF PERSONNEL AND OTHER RELATED PERSONNEL MATTERS;
   G.  TO  ACCEPT  ANY AND ALL APPROPRIATE DONATIONS, GRANTS AND GIFTS OF
 MONEY, EQUIPMENT, SUPPLIES, MATERIALS  AND  SERVICES,  AND  TO  RECEIVE,
 UTILIZE  AND DISPOSE OF THE SAME; PROVIDED THAT AT ALL TIMES THE COMMIS-
 SION SHALL AVOID ANY APPEARANCE OF IMPROPRIETY OR CONFLICT OF INTEREST;
   H. TO LEASE, PURCHASE, ACCEPT APPROPRIATE GIFTS OR  DONATIONS  OF,  OR
 OTHERWISE  TO  OWN,  HOLD,  IMPROVE  OR USE, ANY PROPERTY, WHETHER REAL,
 PERSONAL OR MIXED; PROVIDED THAT AT ALL TIMES THE COMMISSION SHALL AVOID
 ANY APPEARANCE OF IMPROPRIETY;
   I. TO SELL, CONVEY, MORTGAGE,  PLEDGE,  LEASE,  EXCHANGE,  ABANDON  OR
 OTHERWISE DISPOSE OF ANY PROPERTY, WHETHER REAL, PERSONAL OR MIXED;
   J. TO ESTABLISH A BUDGET AND MAKE EXPENDITURES;
   K. TO BORROW MONEY;
   L.  TO  APPOINT COMMITTEES, INCLUDING ADVISORY COMMITTEES COMPRISED OF
 ADMINISTRATORS, STATE NURSING REGULATORS,  STATE  LEGISLATORS  OR  THEIR
 REPRESENTATIVES, AND CONSUMER REPRESENTATIVES, AND OTHER SUCH INTERESTED
 PERSONS;
   M. TO PROVIDE AND RECEIVE INFORMATION FROM, AND TO COOPERATE WITH, LAW
 ENFORCEMENT AGENCIES;
   N. TO ADOPT AND USE AN OFFICIAL SEAL; AND
   O.  TO PERFORM SUCH OTHER FUNCTIONS AS MAY BE NECESSARY OR APPROPRIATE
 TO ACHIEVE THE PURPOSES OF THIS COMPACT CONSISTENT WITH THE STATE  REGU-
 LATION OF NURSE LICENSURE AND PRACTICE.
   8.  FINANCING  OF  THE  COMMISSION.  A.  THE  COMMISSION SHALL PAY, OR
 PROVIDE FOR THE PAYMENT OF, THE REASONABLE EXPENSES  OF  ITS  ESTABLISH-
 MENT, ORGANIZATION AND ONGOING ACTIVITIES.
   B.  THE  COMMISSION  MAY ALSO LEVY ON AND COLLECT AN ANNUAL ASSESSMENT
 FROM EACH PARTY STATE TO COVER THE COST OF  ITS  OPERATIONS,  ACTIVITIES
 AND  STAFF  IN  ITS  ANNUAL  BUDGET AS APPROVED EACH YEAR. THE AGGREGATE
 ANNUAL ASSESSMENT AMOUNT, IF ANY, SHALL BE ALLOCATED BASED UPON A FORMU-
 LA TO BE DETERMINED BY THE COMMISSION, WHICH  SHALL  PROMULGATE  A  RULE
 THAT IS BINDING UPON ALL PARTY STATES.
   C.  THE  COMMISSION  SHALL  NOT INCUR OBLIGATIONS OF ANY KIND PRIOR TO
 SECURING THE FUNDS ADEQUATE TO MEET THE SAME; NOR SHALL  THE  COMMISSION
 PLEDGE  THE  CREDIT  OF ANY OF THE PARTY STATES, EXCEPT BY, AND WITH THE
 AUTHORITY OF, SUCH PARTY STATE.
   D. THE COMMISSION SHALL KEEP ACCURATE ACCOUNTS  OF  ALL  RECEIPTS  AND
 DISBURSEMENTS. THE RECEIPTS AND DISBURSEMENTS OF THE COMMISSION SHALL BE
 SUBJECT  TO  THE  AUDIT  AND ACCOUNTING PROCEDURES ESTABLISHED UNDER ITS
 BYLAWS. HOWEVER, ALL RECEIPTS AND DISBURSEMENTS OF FUNDS HANDLED BY  THE
 COMMISSION  SHALL  BE  AUDITED  YEARLY BY A CERTIFIED OR LICENSED PUBLIC
 ACCOUNTANT, AND THE REPORT OF THE AUDIT SHALL BE INCLUDED IN AND  BECOME
 PART OF THE ANNUAL REPORT OF THE COMMISSION.
   9. QUALIFIED IMMUNITY, DEFENSE AND INDEMNIFICATION. A. THE ADMINISTRA-
 TORS, OFFICERS, EXECUTIVE DIRECTOR, EMPLOYEES AND REPRESENTATIVES OF THE
 COMMISSION SHALL BE IMMUNE FROM SUIT AND LIABILITY, EITHER PERSONALLY OR
 IN THEIR OFFICIAL CAPACITY, FOR ANY CLAIM FOR DAMAGE TO OR LOSS OF PROP-
 ERTY  OR  PERSONAL  INJURY OR OTHER CIVIL LIABILITY CAUSED BY OR ARISING
 OUT OF ANY ACTUAL OR ALLEGED ACT, ERROR OR OMISSION  THAT  OCCURRED,  OR
 THAT  THE  PERSON  AGAINST WHOM THE CLAIM IS MADE HAD A REASONABLE BASIS
 FOR BELIEVING OCCURRED, WITHIN THE SCOPE OF THE COMMISSION'S EMPLOYMENT,
 DUTIES OR RESPONSIBILITIES; PROVIDED  THAT  NOTHING  IN  THIS  PARAGRAPH
 S. 4007                            208                           A. 3007
 
 SHALL BE CONSTRUED TO PROTECT ANY SUCH PERSON FROM SUIT OR LIABILITY FOR
 ANY DAMAGE, LOSS, INJURY OR LIABILITY CAUSED BY THE INTENTIONAL, WILLFUL
 OR WANTON MISCONDUCT OF THAT PERSON.
   B.  THE  COMMISSION SHALL DEFEND ANY ADMINISTRATOR, OFFICER, EXECUTIVE
 DIRECTOR, EMPLOYEE OR REPRESENTATIVE OF  THE  COMMISSION  IN  ANY  CIVIL
 ACTION  SEEKING TO IMPOSE LIABILITY ARISING OUT OF ANY ACTUAL OR ALLEGED
 ACT, ERROR OR OMISSION THAT OCCURRED WITHIN THE  SCOPE  OF  THE  COMMIS-
 SION'S  EMPLOYMENT,  DUTIES  OR  RESPONSIBILITIES,  OR  THAT  THE PERSON
 AGAINST WHOM THE CLAIM IS MADE HAD  A  REASONABLE  BASIS  FOR  BELIEVING
 OCCURRED  WITHIN  THE  SCOPE  OF  THE COMMISSION'S EMPLOYMENT, DUTIES OR
 RESPONSIBILITIES; PROVIDED THAT NOTHING HEREIN  SHALL  BE  CONSTRUED  TO
 PROHIBIT THAT PERSON FROM RETAINING HIS OR HER OWN COUNSEL; AND PROVIDED
 FURTHER THAT THE ACTUAL OR ALLEGED ACT, ERROR OR OMISSION DID NOT RESULT
 FROM THAT PERSON'S INTENTIONAL, WILLFUL OR WANTON MISCONDUCT.
   C. THE COMMISSION SHALL INDEMNIFY AND HOLD HARMLESS ANY ADMINISTRATOR,
 OFFICER,  EXECUTIVE  DIRECTOR, EMPLOYEE OR REPRESENTATIVE OF THE COMMIS-
 SION FOR THE AMOUNT OF ANY SETTLEMENT OR JUDGMENT OBTAINED AGAINST  THAT
 PERSON  ARISING OUT OF ANY ACTUAL OR ALLEGED ACT, ERROR OR OMISSION THAT
 OCCURRED WITHIN THE SCOPE OF  THE  COMMISSION'S  EMPLOYMENT,  DUTIES  OR
 RESPONSIBILITIES, OR THAT SUCH PERSON HAD A REASONABLE BASIS FOR BELIEV-
 ING  OCCURRED WITHIN THE SCOPE OF THE COMMISSION'S EMPLOYMENT, DUTIES OR
 RESPONSIBILITIES, PROVIDED THAT THE ACTUAL  OR  ALLEGED  ACT,  ERROR  OR
 OMISSION  DID NOT RESULT FROM THE INTENTIONAL, WILLFUL OR WANTON MISCON-
 DUCT OF THAT PERSON.
   § 8908. RULEMAKING. 1. RULEMAKING. A. THE  COMMISSION  SHALL  EXERCISE
 ITS RULEMAKING POWERS PURSUANT TO THE CRITERIA SET FORTH IN THIS ARTICLE
 AND  THE  RULES  ADOPTED  THEREUNDER.  RULES AND AMENDMENTS SHALL BECOME
 BINDING AS OF THE DATE SPECIFIED IN EACH RULE  OR  AMENDMENT  AND  SHALL
 HAVE THE SAME FORCE AND EFFECT AS PROVISIONS OF THIS COMPACT.
   B.  RULES  OR AMENDMENTS TO THE RULES SHALL BE ADOPTED AT A REGULAR OR
 SPECIAL MEETING OF THE COMMISSION.
   2. NOTICE. A. PRIOR TO PROMULGATION AND ADOPTION OF A  FINAL  RULE  OR
 RULES BY THE COMMISSION, AND AT LEAST SIXTY DAYS IN ADVANCE OF THE MEET-
 ING  AT WHICH THE RULE WILL BE CONSIDERED AND VOTED UPON, THE COMMISSION
 SHALL FILE A NOTICE OF PROPOSED RULEMAKING:
   I. ON THE WEBSITE OF THE COMMISSION; AND
   II. ON THE WEBSITE OF EACH LICENSING BOARD OR THE PUBLICATION IN WHICH
 EACH STATE WOULD OTHERWISE PUBLISH PROPOSED RULES.
   B. THE NOTICE OF PROPOSED RULEMAKING SHALL INCLUDE:
   I. THE PROPOSED TIME, DATE AND LOCATION OF THE MEETING  IN  WHICH  THE
 RULE WILL BE CONSIDERED AND VOTED UPON;
   II. THE TEXT OF THE PROPOSED RULE OR AMENDMENT, AND THE REASON FOR THE
 PROPOSED RULE;
   III.  A  REQUEST FOR COMMENTS ON THE PROPOSED RULE FROM ANY INTERESTED
 PERSON; AND
   IV. THE MANNER IN WHICH INTERESTED PERSONS MAY SUBMIT  NOTICE  TO  THE
 COMMISSION OF THEIR INTENTION TO ATTEND THE PUBLIC HEARING AND ANY WRIT-
 TEN COMMENTS.
   C.  PRIOR  TO  ADOPTION OF A PROPOSED RULE, THE COMMISSION SHALL ALLOW
 PERSONS TO SUBMIT WRITTEN DATA, FACTS,  OPINIONS  AND  ARGUMENTS,  WHICH
 SHALL BE MADE AVAILABLE TO THE PUBLIC.
   3. PUBLIC HEARINGS ON RULES. A. THE COMMISSION SHALL GRANT AN OPPORTU-
 NITY FOR A PUBLIC HEARING BEFORE IT ADOPTS A RULE OR AMENDMENT.
   B. THE COMMISSION SHALL PUBLISH THE PLACE, TIME AND DATE OF THE SCHED-
 ULED PUBLIC HEARING.
 S. 4007                            209                           A. 3007
 
   I.  HEARINGS  SHALL BE CONDUCTED IN A MANNER PROVIDING EACH PERSON WHO
 WISHES TO COMMENT A FAIR AND REASONABLE OPPORTUNITY TO COMMENT ORALLY OR
 IN WRITING. ALL HEARINGS WILL BE RECORDED,  AND  A  COPY  WILL  BE  MADE
 AVAILABLE UPON REQUEST.
   II. NOTHING IN THIS SECTION SHALL BE CONSTRUED AS REQUIRING A SEPARATE
 HEARING  ON  EACH  RULE. RULES MAY BE GROUPED FOR THE CONVENIENCE OF THE
 COMMISSION AT HEARINGS REQUIRED BY THIS SECTION.
   C. IF NO ONE APPEARS AT THE PUBLIC HEARING, THE COMMISSION MAY PROCEED
 WITH PROMULGATION OF THE PROPOSED RULE.
   D. FOLLOWING THE SCHEDULED HEARING DATE, OR BY THE CLOSE  OF  BUSINESS
 ON  THE  SCHEDULED HEARING DATE IF THE HEARING WAS NOT HELD, THE COMMIS-
 SION SHALL CONSIDER ALL WRITTEN AND ORAL COMMENTS RECEIVED.
   4. VOTING ON RULES. THE COMMISSION SHALL,  BY  MAJORITY  VOTE  OF  ALL
 ADMINISTRATORS,  TAKE FINAL ACTION ON THE PROPOSED RULE AND SHALL DETER-
 MINE THE EFFECTIVE DATE OF THE RULE, IF ANY,  BASED  ON  THE  RULEMAKING
 RECORD AND THE FULL TEXT OF THE RULE.
   5.  EMERGENCY  RULES. UPON DETERMINATION THAT AN EMERGENCY EXISTS, THE
 COMMISSION MAY CONSIDER  AND  ADOPT  AN  EMERGENCY  RULE  WITHOUT  PRIOR
 NOTICE,  OPPORTUNITY  FOR  COMMENT  OR  HEARING, PROVIDED THAT THE USUAL
 RULEMAKING PROCEDURES PROVIDED IN THIS COMPACT AND IN THIS SECTION SHALL
 BE RETROACTIVELY APPLIED TO THE RULE AS SOON AS REASONABLY POSSIBLE,  IN
 NO  EVENT  LATER  THAN NINETY DAYS AFTER THE EFFECTIVE DATE OF THE RULE.
 FOR THE PURPOSES OF THIS PROVISION, AN EMERGENCY RULE IS ONE  THAT  MUST
 BE ADOPTED IMMEDIATELY IN ORDER TO:
   A. MEET AN IMMINENT THREAT TO PUBLIC HEALTH, SAFETY OR WELFARE;
   B. PREVENT A LOSS OF THE COMMISSION OR PARTY STATE FUNDS; OR
   C. MEET A DEADLINE FOR THE PROMULGATION OF AN ADMINISTRATIVE RULE THAT
 IS REQUIRED BY FEDERAL LAW OR RULE.
   6.  REVISIONS.  THE  COMMISSION  MAY  DIRECT REVISIONS TO A PREVIOUSLY
 ADOPTED RULE OR  AMENDMENT  FOR  PURPOSES  OF  CORRECTING  TYPOGRAPHICAL
 ERRORS,  ERRORS  IN FORMAT, ERRORS IN CONSISTENCY OR GRAMMATICAL ERRORS.
 PUBLIC NOTICE OF ANY REVISIONS SHALL BE POSTED ON  THE  WEBSITE  OF  THE
 COMMISSION. THE REVISION SHALL BE SUBJECT TO CHALLENGE BY ANY PERSON FOR
 A  PERIOD  OF  THIRTY DAYS AFTER POSTING. THE REVISION MAY BE CHALLENGED
 ONLY ON GROUNDS THAT THE REVISION RESULTS IN  A  MATERIAL  CHANGE  TO  A
 RULE.    A  CHALLENGE  SHALL  BE  MADE  IN WRITING, AND DELIVERED TO THE
 COMMISSION, PRIOR TO THE END OF THE NOTICE PERIOD. IF  NO  CHALLENGE  IS
 MADE,  THE  REVISION  WILL  TAKE  EFFECT  WITHOUT FURTHER ACTION. IF THE
 REVISION IS CHALLENGED, THE REVISION MAY NOT  TAKE  EFFECT  WITHOUT  THE
 APPROVAL OF THE COMMISSION.
   § 8909. OVERSIGHT,  DISPUTE  RESOLUTION AND ENFORCEMENT. 1. OVERSIGHT.
 A. EACH PARTY STATE SHALL ENFORCE THIS  COMPACT  AND  TAKE  ALL  ACTIONS
 NECESSARY  AND  APPROPRIATE  TO  EFFECTUATE  THIS COMPACT'S PURPOSES AND
 INTENT.
   B. THE COMMISSION SHALL BE ENTITLED TO RECEIVE SERVICE OF  PROCESS  IN
 ANY  PROCEEDING  THAT MAY AFFECT THE POWERS, RESPONSIBILITIES OR ACTIONS
 OF THE COMMISSION, AND SHALL  HAVE  STANDING  TO  INTERVENE  IN  SUCH  A
 PROCEEDING  FOR  ALL  PURPOSES. FAILURE TO PROVIDE SERVICE OF PROCESS IN
 SUCH PROCEEDING TO THE COMMISSION SHALL RENDER A JUDGMENT OR ORDER  VOID
 AS TO THE COMMISSION, THIS COMPACT OR PROMULGATED RULES.
   2. DEFAULT, TECHNICAL ASSISTANCE AND TERMINATION. A. IF THE COMMISSION
 DETERMINES  THAT  A  PARTY STATE HAS DEFAULTED IN THE PERFORMANCE OF ITS
 OBLIGATIONS OR RESPONSIBILITIES UNDER THIS COMPACT  OR  THE  PROMULGATED
 RULES, THE COMMISSION SHALL:
 S. 4007                            210                           A. 3007
 
   I.  PROVIDE  WRITTEN  NOTICE  TO  THE DEFAULTING STATE AND OTHER PARTY
 STATES OF THE NATURE OF THE DEFAULT, THE PROPOSED MEANS  OF  CURING  THE
 DEFAULT OR ANY OTHER ACTION TO BE TAKEN BY THE COMMISSION; AND
   II.  PROVIDE  REMEDIAL  TRAINING  AND  SPECIFIC  TECHNICAL  ASSISTANCE
 REGARDING THE DEFAULT.
   B. IF A STATE IN DEFAULT FAILS TO CURE  THE  DEFAULT,  THE  DEFAULTING
 STATE'S MEMBERSHIP IN THIS COMPACT MAY BE TERMINATED UPON AN AFFIRMATIVE
 VOTE OF A MAJORITY OF THE ADMINISTRATORS, AND ALL RIGHTS, PRIVILEGES AND
 BENEFITS  CONFERRED  BY  THIS COMPACT MAY BE TERMINATED ON THE EFFECTIVE
 DATE OF TERMINATION. A CURE OF THE DEFAULT DOES NOT RELIEVE THE  OFFEND-
 ING  STATE  OF  OBLIGATIONS OR LIABILITIES INCURRED DURING THE PERIOD OF
 DEFAULT.
   C. TERMINATION OF MEMBERSHIP IN THIS COMPACT  SHALL  BE  IMPOSED  ONLY
 AFTER ALL OTHER MEANS OF SECURING COMPLIANCE HAVE BEEN EXHAUSTED. NOTICE
 OF  INTENT  TO  SUSPEND OR TERMINATE SHALL BE GIVEN BY THE COMMISSION TO
 THE GOVERNOR OF THE DEFAULTING STATE AND TO THE EXECUTIVE OFFICER OF THE
 DEFAULTING STATE'S LICENSING BOARD AND EACH OF THE PARTY STATES.
   D. A STATE WHOSE MEMBERSHIP IN THIS COMPACT  HAS  BEEN  TERMINATED  IS
 RESPONSIBLE  FOR  ALL  ASSESSMENTS, OBLIGATIONS AND LIABILITIES INCURRED
 THROUGH THE EFFECTIVE DATE OF TERMINATION,  INCLUDING  OBLIGATIONS  THAT
 EXTEND BEYOND THE EFFECTIVE DATE OF TERMINATION.
   E.  THE COMMISSION SHALL NOT BEAR ANY COSTS RELATED TO A STATE THAT IS
 FOUND TO BE IN DEFAULT OR WHOSE MEMBERSHIP  IN  THIS  COMPACT  HAS  BEEN
 TERMINATED  UNLESS AGREED UPON IN WRITING BETWEEN THE COMMISSION AND THE
 DEFAULTING STATE.
   F. THE DEFAULTING STATE MAY APPEAL THE ACTION  OF  THE  COMMISSION  BY
 PETITIONING  THE U.S. DISTRICT COURT FOR THE DISTRICT OF COLUMBIA OR THE
 FEDERAL DISTRICT IN WHICH THE COMMISSION HAS ITS PRINCIPAL OFFICES.  THE
 PREVAILING  PARTY SHALL BE AWARDED ALL COSTS OF SUCH LITIGATION, INCLUD-
 ING REASONABLE ATTORNEYS' FEES.
   3. DISPUTE RESOLUTION. A. UPON REQUEST BY A PARTY STATE,  THE  COMMIS-
 SION SHALL ATTEMPT TO RESOLVE DISPUTES RELATED TO THE COMPACT THAT ARISE
 AMONG PARTY STATES AND BETWEEN PARTY AND NON-PARTY STATES.
   B. THE COMMISSION SHALL PROMULGATE A RULE PROVIDING FOR BOTH MEDIATION
 AND BINDING DISPUTE RESOLUTION FOR DISPUTES, AS APPROPRIATE.
   C.  IN  THE  EVENT  THE COMMISSION CANNOT RESOLVE DISPUTES AMONG PARTY
 STATES ARISING UNDER THIS COMPACT:
   I. THE PARTY STATES MAY SUBMIT THE ISSUES IN DISPUTE TO AN ARBITRATION
 PANEL, WHICH WILL BE COMPRISED OF INDIVIDUALS APPOINTED BY  THE  COMPACT
 ADMINISTRATOR  IN  EACH  OF THE AFFECTED PARTY STATES, AND AN INDIVIDUAL
 MUTUALLY AGREED UPON BY THE COMPACT  ADMINISTRATORS  OF  ALL  THE  PARTY
 STATES INVOLVED IN THE DISPUTE.
   II.  THE  DECISION OF A MAJORITY OF THE ARBITRATORS SHALL BE FINAL AND
 BINDING.
   4. ENFORCEMENT. A. THE COMMISSION, IN THE REASONABLE EXERCISE  OF  ITS
 DISCRETION, SHALL ENFORCE THE PROVISIONS AND RULES OF THIS COMPACT.
   B.  BY  MAJORITY VOTE, THE COMMISSION MAY INITIATE LEGAL ACTION IN THE
 U.S.   DISTRICT COURT FOR  THE  DISTRICT  OF  COLUMBIA  OR  THE  FEDERAL
 DISTRICT  IN  WHICH  THE  COMMISSION HAS ITS PRINCIPAL OFFICES AGAINST A
 PARTY STATE THAT IS IN DEFAULT TO ENFORCE COMPLIANCE WITH THE PROVISIONS
 OF THIS COMPACT AND ITS PROMULGATED RULES AND BYLAWS. THE RELIEF  SOUGHT
 MAY  INCLUDE  BOTH  INJUNCTIVE RELIEF AND DAMAGES. IN THE EVENT JUDICIAL
 ENFORCEMENT IS NECESSARY, THE PREVAILING  PARTY  SHALL  BE  AWARDED  ALL
 COSTS OF SUCH LITIGATION, INCLUDING REASONABLE ATTORNEYS' FEES.
 S. 4007                            211                           A. 3007
 
   C.  THE  REMEDIES  HEREIN  SHALL  NOT BE THE EXCLUSIVE REMEDIES OF THE
 COMMISSION. THE COMMISSION MAY PURSUE ANY OTHER REMEDIES AVAILABLE UNDER
 FEDERAL OR STATE LAW.
   § 8910. EFFECTIVE  DATE,  WITHDRAWAL AND AMENDMENT. 1. EFFECTIVE DATE.
 A.  THIS COMPACT SHALL BECOME EFFECTIVE AND BINDING ON  THE  EARLIER  OF
 THE  DATE  OF  LEGISLATIVE ENACTMENT OF THIS COMPACT INTO LAW BY NO LESS
 THAN TWENTY-SIX STATES OR THE EFFECTIVE DATE OF THE CHAPTER OF THE  LAWS
 OF TWO THOUSAND TWENTY-THREE THAT ENACTED THIS COMPACT.  THEREAFTER, THE
 COMPACT  SHALL  BECOME  EFFECTIVE AND BINDING AS TO ANY OTHER COMPACTING
 STATE UPON ENACTMENT OF THE COMPACT INTO LAW BY THAT  STATE.  ALL  PARTY
 STATES TO THIS COMPACT, THAT ALSO WERE PARTIES TO THE PRIOR NURSE LICEN-
 SURE  COMPACT, SUPERSEDED BY THIS COMPACT, (HEREIN REFERRED TO AS "PRIOR
 COMPACT"), SHALL BE DEEMED TO HAVE WITHDRAWN  FROM  SAID  PRIOR  COMPACT
 WITHIN SIX MONTHS AFTER THE EFFECTIVE DATE OF THIS COMPACT.
   B.  EACH  PARTY  STATE  TO  THIS COMPACT SHALL CONTINUE TO RECOGNIZE A
 NURSE'S MULTISTATE LICENSURE PRIVILEGE TO PRACTICE IN THAT  PARTY  STATE
 ISSUED UNDER THE PRIOR COMPACT UNTIL SUCH PARTY STATE HAS WITHDRAWN FROM
 THE PRIOR COMPACT.
   2.  WITHDRAWAL.  A.  ANY PARTY STATE MAY WITHDRAW FROM THIS COMPACT BY
 ENACTING A STATUTE REPEALING THE SAME. A PARTY STATE'S WITHDRAWAL  SHALL
 NOT  TAKE EFFECT UNTIL SIX MONTHS AFTER ENACTMENT OF THE REPEALING STAT-
 UTE.
   B. A PARTY STATE'S WITHDRAWAL OR  TERMINATION  SHALL  NOT  AFFECT  THE
 CONTINUING  REQUIREMENT OF THE WITHDRAWING OR TERMINATED STATE'S LICENS-
 ING BOARD TO  REPORT  ADVERSE  ACTIONS  AND  SIGNIFICANT  INVESTIGATIONS
 OCCURRING PRIOR TO THE EFFECTIVE DATE OF SUCH WITHDRAWAL OR TERMINATION.
   C.  NOTHING CONTAINED IN THIS COMPACT SHALL BE CONSTRUED TO INVALIDATE
 OR PREVENT ANY NURSE LICENSURE AGREEMENT OR OTHER  COOPERATIVE  ARRANGE-
 MENT BETWEEN A PARTY STATE AND A NON-PARTY STATE THAT IS MADE IN ACCORD-
 ANCE WITH THE OTHER PROVISIONS OF THIS COMPACT.
   3.  AMENDMENT.  A. THIS COMPACT MAY BE AMENDED BY THE PARTY STATES. NO
 AMENDMENT TO THIS COMPACT SHALL BECOME EFFECTIVE AND  BINDING  UPON  THE
 PARTY  STATES  UNLESS AND UNTIL IT IS ENACTED INTO THE LAWS OF ALL PARTY
 STATES.
   B. REPRESENTATIVES OF  NON-PARTY  STATES  TO  THIS  COMPACT  SHALL  BE
 INVITED TO PARTICIPATE IN THE ACTIVITIES OF THE COMMISSION, ON A NONVOT-
 ING BASIS, PRIOR TO THE ADOPTION OF THIS COMPACT BY ALL STATES.
   § 8911. CONSTRUCTION AND SEVERABILITY.  1. CONSTRUCTION AND SEVERABIL-
 ITY.  THIS  COMPACT SHALL BE LIBERALLY CONSTRUED SO AS TO EFFECTUATE THE
 PURPOSES THEREOF. THE PROVISIONS OF THIS COMPACT SHALL BE SEVERABLE, AND
 IF ANY PHRASE, CLAUSE, SENTENCE OR PROVISION OF THIS COMPACT IS DECLARED
 TO BE CONTRARY TO THE CONSTITUTION OF ANY PARTY STATE OR OF  THE  UNITED
 STATES,  OR  IF  THE  APPLICABILITY  THEREOF  TO ANY GOVERNMENT, AGENCY,
 PERSON OR CIRCUMSTANCE IS HELD  TO  BE  INVALID,  THE  VALIDITY  OF  THE
 REMAINDER  OF  THIS COMPACT AND THE APPLICABILITY THEREOF TO ANY GOVERN-
 MENT, AGENCY, PERSON OR CIRCUMSTANCE SHALL NOT BE AFFECTED  THEREBY.  IF
 THIS  COMPACT  SHALL  BE  HELD TO BE CONTRARY TO THE CONSTITUTION OF ANY
 PARTY STATE, THIS COMPACT SHALL REMAIN IN FULL FORCE AND  EFFECT  AS  TO
 THE  REMAINING PARTY STATES AND IN FULL FORCE AND EFFECT AS TO THE PARTY
 STATE AFFECTED AS TO ALL SEVERABLE MATTERS.
   § 32. Section 6501 of the education law is amended  by  adding  a  new
 subdivision 3 to read as follows:
     3. A. AN APPLICANT FOR LICENSURE IN A QUALIFIED HIGH-NEED HEALTHCARE
 PROFESSION  WHO  PROVIDES  DOCUMENTATION  AND ATTESTATION THAT HE OR SHE
 HOLDS A LICENSE IN GOOD STANDING FROM ANOTHER  STATE,  MAY  REQUEST  THE
 ISSUANCE  OF  A TEMPORARY PRACTICE PERMIT, WHICH, IF GRANTED WILL PERMIT
 S. 4007                            212                           A. 3007
 
 THE APPLICANT TO WORK UNDER THE SUPERVISION OF A NEW YORK STATE LICENSEE
 IN ACCORDANCE WITH REGULATIONS OF THE COMMISSIONER. THE  DEPARTMENT  MAY
 GRANT SUCH TEMPORARY PRACTICE PERMIT WHEN IT APPEARS BASED ON THE APPLI-
 CATION  AND  SUPPORTING  DOCUMENTATION  RECEIVED THAT THE APPLICANT WILL
 MEET THE REQUIREMENTS FOR LICENSURE IN THIS STATE BECAUSE HE OR SHE  HAS
 PROVIDED  DOCUMENTATION AND ATTESTATION THAT THEY HOLD A LICENSE IN GOOD
 STANDING FROM ANOTHER  STATE  WITH  SIGNIFICANTLY  COMPARABLE  LICENSURE
 REQUIREMENTS  TO THOSE OF THIS STATE, EXCEPT THE DEPARTMENT HAS NOT BEEN
 ABLE TO SECURE DIRECT SOURCE VERIFICATION OF THE APPLICANT'S  UNDERLYING
 CREDENTIALS (E.G., LICENSE VERIFICATION, RECEIPT OF ORIGINAL TRANSCRIPT,
 EXPERIENCE  VERIFICATION).  SUCH PERMIT SHALL BE VALID FOR SIX MONTHS OR
 UNTIL TEN DAYS AFTER NOTIFICATION THAT THE APPLICANT DOES NOT  MEET  THE
 QUALIFICATIONS  FOR  LICENSURE.  AN ADDITIONAL SIX MONTHS MAY BE GRANTED
 UPON A DETERMINATION BY THE DEPARTMENT THAT THE APPLICANT IS EXPECTED TO
 QUALIFY FOR THE FULL LICENSE UPON RECEIPT OF THE REMAINING DIRECT SOURCE
 VERIFICATION DOCUMENTS REQUESTED BY THE DEPARTMENT IN SUCH  TIME  PERIOD
 AND  THAT  THE  DELAY  IN PROVIDING THE NECESSARY DOCUMENTATION FOR FULL
 LICENSURE WAS DUE TO EXTENUATING CIRCUMSTANCES WHICH THE APPLICANT COULD
 NOT AVOID.
   B. A TEMPORARY PRACTICE PERMIT ISSUED UNDER PARAGRAPH A OF THIS SUBDI-
 VISION SHALL BE SUBJECT TO THE FULL DISCIPLINARY AND REGULATORY AUTHORI-
 TY OF THE BOARD OF REGENTS AND THE DEPARTMENT, PURSUANT TO  THIS  TITLE,
 AS  IF  SUCH AUTHORIZATION WERE A PROFESSIONAL LICENSE ISSUED UNDER THIS
 ARTICLE.
   C. FOR PURPOSES OF THIS SUBDIVISION "HIGH-NEED HEALTHCARE  PROFESSION"
 MEANS  A  LICENSED  HEALTHCARE PROFESSION OF WHICH THERE ARE AN INSUFFI-
 CIENT NUMBER OF LICENSEES TO SERVE IN THE  STATE  OR  A  REGION  OF  THE
 STATE, AS DETERMINED BY THE COMMISSIONER OF HEALTH, IN CONSULTATION WITH
 THE  COMMISSIONER  OF EDUCATION.  THE COMMISSIONER OF HEALTH SHALL MAIN-
 TAIN A LIST OF SUCH LICENSED PROFESSIONS, WHICH SHALL BE  POSTED  ONLINE
 AND UPDATED FROM TIME TO TIME AS WARRANTED.
   § 33. This act shall take effect immediately; provided however, that:
   a.  section  seven  of this act shall take effect nine months after it
 shall have become a law;
   b. sections seventeen, eighteen, nineteen, twenty,  twenty-one,  twen-
 ty-two  and twenty-three of this act shall take effect one year after it
 shall have become a law;
   c. sections twenty-seven, twenty-eight and  twenty-nine  of  this  act
 shall  expire  and  be  deemed  repealed two years after they shall have
 become a law;
   d. sections thirty and thirty-one of this act shall   be   deemed   to
 have been in full force and effect on and after April 1, 2023;
   e.  section  thirty-two of this act shall take effect on the ninetieth
 day after it shall have become a law;
   f. the amendments to section 6801-a  of  the  education  law  made  by
 section nine of this act shall not affect the repeal of such section and
 shall be deemed to be repealed therewith; and
   g.  the  amendments  to subdivision 2 of section 6908 of the education
 law made by section twenty-four of this act shall not affect the  repeal
 of such subdivision and shall be deemed to be repealed therewith.
   h.  the  amendments  to subdivision 8 of section 6909 of the education
 law made by section twenty-five of this act shall not affect the  repeal
 of such subdivision and shall be deemed repealed therewith.
   Effective  immediately,  the  addition, amendment and/or repeal of any
 rule or regulation necessary for the implementation of this act  on  its
 S. 4007                            213                           A. 3007
 
 effective  date  are authorized and directed to be made and completed on
 or before such effective date.
 
                                  PART X
 
   Section  1.  The  public health law is amended by adding a new article
 29-K to read as follows:
                               ARTICLE 29-K
          REGISTRATION OF TEMPORARY HEALTH CARE SERVICES AGENCIES
 SECTION 2999-II. DEFINITIONS.
         2999-JJ. REGISTRATION OF TEMPORARY HEALTH  CARE  SERVICES  AGEN-
                    CIES; REQUIREMENTS.
         2999-KK. TEMPORARY HEALTH CARE SERVICES AGENCIES; MINIMUM STAND-
                    ARDS.
         2999-LL. VIOLATIONS; PENALTIES.
         2999-MM. RATES FOR TEMPORARY HEALTH CARE SERVICES; REPORTS.
   § 2999-II. DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE:
   1.  "CERTIFIED NURSE AIDE" MEANS A PERSON INCLUDED IN THE NURSING HOME
 NURSE AIDE REGISTRY PURSUANT TO SECTION TWENTY-EIGHT HUNDRED THREE-J  OF
 THIS  CHAPTER AS ADDED BY CHAPTER SEVEN HUNDRED SEVENTEEN OF THE LAWS OF
 NINETEEN HUNDRED EIGHTY-NINE.
   2. "CONTROLLING PERSON" MEANS A PERSON, OFFICER,  PROGRAM  ADMINISTRA-
 TOR,  OR  DIRECTOR  WHOSE  RESPONSIBILITIES INCLUDE THE DIRECTION OF THE
 MANAGEMENT OR POLICIES OF  A  TEMPORARY  HEALTH  CARE  SERVICES  AGENCY.
 "CONTROLLING  PERSON"  ALSO  MEANS  AN  INDIVIDUAL WHO, DIRECTLY OWNS AT
 LEAST TEN PERCENT VOTING INTEREST  IN  A  CORPORATION,  PARTNERSHIP,  OR
 OTHER BUSINESS ENTITY THAT IS A CONTROLLING PERSON.
   3.  "HEALTH  CARE  ENTITY"  MEANS AN AGENCY, CORPORATION, FACILITY, OR
 INDIVIDUAL PROVIDING MEDICAL OR HEALTH CARE SERVICES.
   4. "HEALTH CARE PERSONNEL" MEANS NURSES,  CERTIFIED  NURSE  AIDES  AND
 LICENSED  OR  UNLICENSED  DIRECT  CARE WORKERS EMPLOYED BY THE TEMPORARY
 HEALTH CARE SERVICES AGENCY TO PROVIDE TEMPORARY SERVICES  IN  A  HEALTH
 CARE ENTITY.
   5.  "NURSE" MEANS A REGISTERED PROFESSIONAL NURSE, OR A LICENSED PRAC-
 TICAL NURSE AS DEFINED BY ARTICLE ONE HUNDRED THIRTY-NINE OF THE  EDUCA-
 TION LAW.
   6.  "DIRECT  CARE  WORKER"  MEANS  AN  EMPLOYEE WHO IS RESPONSIBLE FOR
 PATIENT/RESIDENT HANDLING OR PATIENT/RESIDENT ASSESSMENT AS A REGULAR OR
 INCIDENTAL PART OF THEIR EMPLOYMENT, INCLUDING  ANY  LICENSED  OR  UNLI-
 CENSED HEALTH CARE WORKER.
   7.  "PERSON"  MEANS  AN INDIVIDUAL, FIRM, CORPORATION, PARTNERSHIP, OR
 ASSOCIATION.
   8. "TEMPORARY HEALTH CARE SERVICES AGENCY" OR "AGENCY" MEANS A PERSON,
 FIRM, CORPORATION, PARTNERSHIP, ASSOCIATION OR OTHER ENTITY IN THE BUSI-
 NESS OF PROVIDING OR  PROCURING  TEMPORARY  EMPLOYMENT  OF  HEALTH  CARE
 PERSONNEL FOR HEALTH CARE ENTITIES. TEMPORARY HEALTH CARE SERVICES AGEN-
 CY SHALL INCLUDE A NURSES' REGISTRY LICENSED UNDER ARTICLE ELEVEN OF THE
 GENERAL  BUSINESS  LAW AND ENTITIES THAT UTILIZE APPS OR OTHER TECHNOLO-
 GY-BASED SOLUTIONS TO PROVIDE OR PROCURE TEMPORARY EMPLOYMENT OF  HEALTH
 CARE  PERSONNEL  IN HEALTH CARE ENTITIES. TEMPORARY HEALTH CARE SERVICES
 AGENCY SHALL NOT INCLUDE: (A) AN INDIVIDUAL WHO ONLY ENGAGES IN  PROVID-
 ING  THE  INDIVIDUAL'S  OWN SERVICES ON A TEMPORARY BASIS TO HEALTH CARE
 ENTITIES; OR (B) A HOME CARE AGENCY LICENSED UNDER ARTICLE THIRTY-SIX OF
 THIS CHAPTER.
   § 2999-JJ. REGISTRATION OF TEMPORARY HEALTH  CARE  SERVICES  AGENCIES;
 REQUIREMENTS.  1.  ANY  PERSON  WHO  OPERATES  A  TEMPORARY  HEALTH CARE
 S. 4007                            214                           A. 3007
 
 SERVICES AGENCY SHALL REGISTER THE  AGENCY  WITH  THE  DEPARTMENT.  EACH
 SEPARATE  LOCATION  OF  THE BUSINESS OF A TEMPORARY HEALTH CARE SERVICES
 AGENCY SHALL HAVE A SEPARATE REGISTRATION.
   2.  THE  COMMISSIONER  SHALL PUBLISH GUIDELINES ESTABLISHING THE FORMS
 AND PROCEDURES FOR APPLICATIONS FOR REGISTRATION. FORMS MUST INCLUDE, AT
 A MINIMUM ALL OF THE FOLLOWING:
   (A) THE NAMES AND ADDRESSES OF  THE  TEMPORARY  HEALTH  CARE  SERVICES
 AGENCY CONTROLLING PERSON OR PERSONS.
   (B) THE NAMES AND ADDRESSES OF HEALTH CARE ENTITIES WHERE THE CONTROL-
 LING PERSON OR PERSONS OR THEIR FAMILY MEMBERS:
   (I) HAVE AN OWNERSHIP RELATIONSHIP; OR
   (II) DIRECT THE MANAGEMENT OR POLICIES OF SUCH HEALTH CARE ENTITIES.
   (C)  A DEMONSTRATION THAT THE APPLICANT IS OF GOOD MORAL CHARACTER AND
 ABLE TO COMPLY WITH ALL APPLICABLE STATE LAWS AND  REGULATIONS  RELATING
 TO THE ACTIVITIES IN WHICH IT INTENDS TO ENGAGE UNDER THE REGISTRATION.
   (D)  REGISTRATION AND REGISTRATION ANNUAL RENEWAL FEES OF ONE THOUSAND
 DOLLARS AND MAY ONLY BE USED FOR THE PURPOSE OF OPERATING THIS REGISTRY.
   (E) THE STATE OF INCORPORATION OF THE AGENCY.
   (F) ANY ADDITIONAL INFORMATION THAT  THE  COMMISSIONER  DETERMINES  IS
 NECESSARY TO PROPERLY EVALUATE AN APPLICATION FOR REGISTRATION.
   3.  AS  A  CONDITION OF REGISTRATION, A TEMPORARY HEALTH CARE SERVICES
 AGENCY:
   (A) SHALL DOCUMENT THAT EACH TEMPORARY  EMPLOYEE  PROVIDED  TO  HEALTH
 CARE  ENTITIES  CURRENTLY  MEETS  THE  MINIMUM  LICENSING, TRAINING, AND
 CONTINUING EDUCATION STANDARDS FOR THE POSITION IN  WHICH  THE  EMPLOYEE
 WILL BE WORKING.
   (B)  SHALL  COMPLY  WITH ALL PERTINENT REQUIREMENTS AND QUALIFICATIONS
 FOR PERSONNEL EMPLOYED IN HEALTH CARE ENTITIES.
   (C) SHALL NOT RESTRICT IN ANY MANNER THE EMPLOYMENT  OPPORTUNITIES  OF
 ITS EMPLOYEES.
   (D)  SHALL  MAINTAIN  INSURANCE COVERAGE FOR WORKERS' COMPENSATION AND
 DISABILITY COVERAGE FOR ALL HEALTH CARE PERSONNEL PROVIDED  OR  PROCURED
 BY THE AGENCY.
   (E)  SHALL  NOT  REQUIRE THE PAYMENT OF LIQUIDATED DAMAGES, EMPLOYMENT
 FEES, OR OTHER COMPENSATION SHOULD THE EMPLOYEE BE HIRED AS A  PERMANENT
 EMPLOYEE  OF  A  HEALTH CARE ENTITY IN ANY CONTRACT WITH ANY EMPLOYEE OR
 HEALTH CARE ENTITY OR OTHERWISE.
   (F) SHALL DOCUMENT THAT EACH TEMPORARY  EMPLOYEE  PROVIDED  TO  HEALTH
 CARE  ENTITIES  IS  JOINTLY EMPLOYED BY THE AGENCY AND THE ENTITY AND IS
 NOT AN INDEPENDENT CONTRACTOR.
   (G) SHALL RETAIN ALL RECORDS OF EMPLOYMENT FOR SIX CALENDAR YEARS  AND
 MAKE THEM AVAILABLE TO THE DEPARTMENT UPON REQUEST.
   (H)  SHALL  COMPLY WITH ANY REQUESTS MADE BY THE DEPARTMENT TO EXAMINE
 THE BOOKS AND RECORDS OF THE AGENCY, SUBPOENA  WITNESSES  AND  DOCUMENTS
 AND  MAKE SUCH OTHER INVESTIGATION AS IS NECESSARY IN THE EVENT THAT THE
 DEPARTMENT HAS REASON TO BELIEVE THAT THE BOOKS OR RECORDS DO NOT  ACCU-
 RATELY  REFLECT THE FINANCIAL CONDITION OR FINANCIAL TRANSACTIONS OF THE
 AGENCY.
   (I) SHALL COMPLY WITH ANY ADDITIONAL REQUIREMENTS THE  DEPARTMENT  MAY
 DEEM NECESSARY.
   4. A REGISTRATION ISSUED BY THE COMMISSIONER ACCORDING TO THIS SECTION
 SHALL  BE EFFECTIVE FOR A PERIOD OF ONE YEAR, UNLESS THE REGISTRATION IS
 REVOKED OR SUSPENDED, OR UNLESS OWNERSHIP INTEREST  OF  TEN  PERCENT  OR
 MORE,  OR  MANAGEMENT  OF  THE TEMPORARY HEALTH CARE SERVICES AGENCY, IS
 SOLD OR TRANSFERRED. WHEN OWNERSHIP INTEREST OF TEN PERCENT OR MORE,  OR
 MANAGEMENT  OF A TEMPORARY HEALTH CARE SERVICES AGENCY IS SOLD OR TRANS-
 S. 4007                            215                           A. 3007
 
 FERRED, THE REGISTRATION OF THE AGENCY MAY BE  TRANSFERRED  TO  THE  NEW
 OWNER  OR  OPERATOR  FOR THIRTY DAYS, OR UNTIL THE NEW OWNER OR OPERATOR
 APPLIES AND IS GRANTED OR DENIED A NEW REGISTRATION, WHICHEVER IS  SOON-
 ER.
   5.  THE  COMMISSIONER  MAY,  AFTER  APPROPRIATE  NOTICE  AND  HEARING,
 SUSPEND, REVOKE, OR REFUSE TO ISSUE OR RENEW ANY REGISTRATION  OR  ISSUE
 ANY  FINES  ESTABLISHED  PURSUANT TO SECTION TWENTY-NINE HUNDRED NINETY-
 NINE-LL OF THIS ARTICLE IF THE APPLICANT FAILS TO COMPLY WITH THIS ARTI-
 CLE OR ANY GUIDELINES, RULES AND REGULATIONS PROMULGATED THEREUNDER.
   6. THE COMMISSIONER SHALL MAKE AVAILABLE A LIST  OF  TEMPORARY  HEALTH
 CARE  SERVICES  AGENCIES  REGISTERED  WITH THE DEPARTMENT ON THE DEPART-
 MENT'S PUBLIC WEBSITE.
   7. THE DEPARTMENT SHALL PUBLISH A QUARTERLY REPORT  CONTAINING  AGGRE-
 GATED  AND  DE-IDENTIFIED DATA COLLECTED PURSUANT TO THIS ARTICLE ON THE
 WEBSITE OF THE DEPARTMENT.
   8. THE DEPARTMENT, IN CONSULTATION WITH THE DEPARTMENT OF LABOR, SHALL
 PROVIDE A REPORT TO THE GOVERNOR AND  LEGISLATURE  ON  OR  BEFORE  MARCH
 THIRTY-FIRST,  TWO THOUSAND TWENTY-FOUR, SUMMARIZING THE KEY FINDINGS OF
 THE DATA COLLECTED  PURSUANT  TO  THIS  ARTICLE.  THE  DEPARTMENT  SHALL
 FURTHER  HAVE  AUTHORITY  TO UTILIZE ANY DATA COLLECTED PURSUANT TO THIS
 ARTICLE FOR ADDITIONAL PURPOSES CONSISTENT WITH THIS CHAPTER,  INCLUDING
 BUT  NOT  LIMITED  TO  DETERMINATIONS OF WHETHER AN ACUTE LABOR SHORTAGE
 EXISTS, OR ANY OTHER PURPOSE THE DEPARTMENT DEEMS NECESSARY  FOR  HEALTH
 CARE RELATED DATA PURPOSES.
   9.  THE  ATTORNEY  GENERAL  SHALL, UPON THE REQUEST OF THE DEPARTMENT,
 BRING AN ACTION FOR AN INJUNCTION AGAINST ANY PERSON  WHO  VIOLATES  ANY
 PROVISION  OF  THIS  ARTICLE; PROVIDED, THE DEPARTMENT SHALL FURNISH THE
 ATTORNEY GENERAL WITH SUCH MATERIAL, EVIDENTIARY MATTER OR PROOF AS  MAY
 BE REQUESTED BY THE ATTORNEY GENERAL FOR THE PROSECUTION OF SUCH ACTION.
   § 2999-KK. TEMPORARY HEALTH CARE SERVICES AGENCIES; MINIMUM STANDARDS.
 1.  A TEMPORARY HEALTH CARE SERVICES AGENCY SHALL APPOINT AN ADMINISTRA-
 TOR  QUALIFIED BY TRAINING, EXPERIENCE OR EDUCATION TO OPERATE THE AGEN-
 CY.  EACH SEPARATE AGENCY LOCATION SHALL HAVE ITS OWN ADMINISTRATOR.
   2. A TEMPORARY HEALTH CARE SERVICES AGENCY SHALL DEVELOP AND  MAINTAIN
 WRITTEN  EMPLOYMENT POLICIES AND PROCEDURES. THE AGENCY SHALL INFORM ITS
 EMPLOYEES OF THE TERMS AND CONDITIONS OF EMPLOYMENT BY  THAT  AGENCY  AT
 THE TIME OF HIRE, AS WELL AS NO LESS THAN ANNUALLY THEREAFTER.
   3.  A  TEMPORARY  HEALTH  CARE SERVICES AGENCY SHALL MAINTAIN HOURS OF
 OPERATION AT EACH OF ITS LOCATIONS SUFFICIENT TO  MEET  THE  OBLIGATIONS
 UNDER ITS WRITTEN AGREEMENTS WITH HEALTH CARE ENTITIES.
   4.  A  TEMPORARY  HEALTH CARE SERVICES AGENCY SHALL MAINTAIN A WRITTEN
 AGREEMENT OR CONTRACT WITH EACH HEALTH CARE ENTITY, WHICH SHALL INCLUDE,
 AT A MINIMUM:
   (A) THE REQUIRED MINIMUM LICENSING, TRAINING, AND CONTINUING EDUCATION
 REQUIREMENTS FOR EACH ASSIGNED HEALTH CARE PERSONNEL.
   (B) ANY REQUIREMENT FOR MINIMUM ADVANCE  NOTICE  IN  ORDER  TO  ENSURE
 PROMPT ARRIVAL OF ASSIGNED HEALTH CARE PERSONNEL.
   (C)  THE  MAXIMUM RATES THAT CAN BE BILLED OR CHARGED BY THE TEMPORARY
 HEALTH CARE SERVICES AGENCY  PURSUANT  TO  SECTION  TWENTY-NINE  HUNDRED
 NINETY-NINE-MM OF THIS ARTICLE AND ANY APPLICABLE REGULATIONS.
   (D)  THE  RATES  TO  BE  CHARGED BY THE TEMPORARY HEALTH CARE SERVICES
 AGENCY.
   (E) PROCEDURES FOR THE  INVESTIGATION  AND  RESOLUTION  OF  COMPLAINTS
 ABOUT  THE  PERFORMANCE OF TEMPORARY HEALTH CARE SERVICES AGENCY PERSON-
 NEL.
 S. 4007                            216                           A. 3007
 
   (F) PROCEDURES FOR NOTICE FROM HEALTH  CARE  ENTITIES  OF  FAILURE  OF
 MEDICAL PERSONNEL TO REPORT TO ASSIGNMENTS AND FOR BACK-UP STAFF IN SUCH
 INSTANCES.
   (G) PROCEDURES FOR NOTICE OF ACTUAL OR SUSPECTED ABUSE, THEFT, TAMPER-
 ING OR OTHER DIVERSION OF CONTROLLED SUBSTANCES BY MEDICAL PERSONNEL.
   (H)  THE  TYPES  AND QUALIFICATIONS OF HEALTH CARE PERSONNEL AVAILABLE
 FOR ASSIGNMENT THROUGH THE TEMPORARY HEALTH CARE SERVICES AGENCY.
   5. A TEMPORARY HEALTH CARE SERVICES AGENCY SHALL SUBMIT TO THE DEPART-
 MENT COPIES OF ALL CONTRACTS BETWEEN THE AGENCY AND A HEALTH CARE ENTITY
 TO WHICH IT ASSIGNS OR REFERS HEALTH CARE PERSONNEL, AND COPIES  OF  ALL
 INVOICES  TO  HEALTH CARE ENTITIES PERSONNEL. EXECUTED CONTRACTS MUST BE
 SENT TO THE DEPARTMENT WITHIN FIVE BUSINESS DAYS OF THEIR EFFECTIVE DATE
 AND ARE NOT SUBJECT TO DISCLOSURE UNDER ARTICLE SIX OF THE PUBLIC  OFFI-
 CERS LAW.
   6.  THE  COMMISSIONER  MAY  PROMULGATE  REGULATIONS  TO  IMPLEMENT THE
 REQUIREMENTS OF THIS SECTION AND TO ESTABLISH ADDITIONAL MINIMUM  STAND-
 ARDS  FOR  THE  OPERATION  OF  TEMPORARY  HEALTH CARE SERVICES AGENCIES,
 INCLUDING BUT NOT LIMITED TO PRICING, FEES,  ADMINISTRATIVE  COSTS,  AND
 BUSINESS PRACTICES.
   7.  THE COMMISSIONER MAY WAIVE THE REQUIREMENTS OF THIS ARTICLE DURING
 A DECLARED STATE OR FEDERAL PUBLIC HEALTH EMERGENCY.
   § 2999-LL. VIOLATIONS; PENALTIES. IN ADDITION TO OTHER REMEDIES AVAIL-
 ABLE BY LAW, VIOLATIONS OF THE PROVISIONS OF THIS ARTICLE AND ANY  REGU-
 LATIONS  PROMULGATED  THEREUNDER SHALL BE SUBJECT TO PENALTIES AND FINES
 PURSUANT TO SECTION TWELVE OF THIS CHAPTER; PROVIDED, HOWEVER, THAT EACH
 VIOLATION COMMITTED BY EACH INDIVIDUAL EMPLOYEE OF  A  TEMPORARY  HEALTH
 CARE SERVICES AGENCY SHALL BE CONSIDERED A SEPARATE VIOLATION.
   § 2999-MM. RATES FOR TEMPORARY HEALTH CARE SERVICES; REPORTS. A TEMPO-
 RARY  HEALTH  CARE SERVICES AGENCY SHALL REPORT QUARTERLY TO THE DEPART-
 MENT A FULL DISCLOSURE OF CHARGES AND COMPENSATION, INCLUDING A SCHEDULE
 OF ALL HOURLY BILL RATES PER CATEGORY OF EMPLOYEE, A FULL DESCRIPTION OF
 ADMINISTRATIVE CHARGES, AND A SCHEDULE OF RATES OF ALL COMPENSATION  PER
 CATEGORY OF EMPLOYEE, INCLUDING, BUT NOT LIMITED TO:
   1.  HOURLY REGULAR PAY RATE, SHIFT DIFFERENTIAL, WEEKEND DIFFERENTIAL,
 HAZARD PAY, CHARGE NURSE ADD-ON, OVERTIME, HOLIDAY PAY, TRAVEL OR  MILE-
 AGE PAY, AND ANY HEALTH OR OTHER FRINGE BENEFITS PROVIDED;
   2.  THE  PERCENTAGE  OF  HEALTH  CARE  ENTITY  DOLLARS THAT THE AGENCY
 EXPENDED ON TEMPORARY PERSONNEL  WAGES  AND  BENEFITS  COMPARED  TO  THE
 TEMPORARY HEALTH CARE SERVICES AGENCY'S PROFITS AND OTHER ADMINISTRATIVE
 COSTS;
   3.  A  LIST  OF  THE  STATES AND ZIP CODES OF THEIR EMPLOYEES' PRIMARY
 RESIDENCES;
   4. THE NAMES OF ALL HEALTH CARE ENTITIES THEY HAVE  CONTRACTED  WITHIN
 NEW YORK STATE;
   5. THE NUMBER OF EMPLOYEES OF THE TEMPORARY HEALTH CARE SERVICES AGEN-
 CY WORKING AT EACH ENTITY; AND
   6. ANY OTHER INFORMATION PRESCRIBED BY THE COMMISSIONER.
   §  2.  This  act  shall take effect immediately and shall be deemed to
 have been in full force and effect on and after April 1, 2023.

                                  PART Y
 
   Section 1. This Part enacts into law major components  of  legislation
 relating  to  medical  debt  and  drug  prices. Each component is wholly
 contained within a Subpart identified  as  Subparts  A  through  D.  The
 effective  date  for  each  particular  provision  contained within such
 S. 4007                            217                           A. 3007
 
 Subpart is set forth in the last section of such Subpart. Any  provision
 in  any section contained within a Subpart, including the effective date
 of the Subpart, which makes reference to a section "of this  act",  when
 used  in  connection  with that particular component, shall be deemed to
 mean and refer to the corresponding section of the Subpart in  which  it
 is  found.  Section  three of this Part sets forth the general effective
 date of this Part.
 
                                 SUBPART A
 
   Section 1. Subdivisions (f) and (j) of section 3215 of the civil prac-
 tice law and rules, subdivision (f) as amended and  subdivision  (j)  as
 added  by chapter 593 of the laws of 2021, subdivision (f) as separately
 amended by chapter 831 of the laws of  2021,  are  amended  to  read  as
 follows:
   (f)  Proof.  On any application for judgment by default, the applicant
 shall file proof of service of the  summons  and  the  complaint,  or  a
 summons  and  notice  served  pursuant to subdivision (b) of rule 305 or
 subdivision (a) of rule 316 of this chapter,  and  proof  of  the  facts
 constituting  the  claim,  the default and the amount due, including, if
 applicable, a statement that the interest rate for consumer debt  pursu-
 ant  to section five thousand four of this chapter applies, by affidavit
 made by the party, or where the state of New York is the  plaintiff,  by
 affidavit  made  by  an attorney from the office of the attorney general
 who has or obtains knowledge of  such  facts  through  review  of  state
 records or otherwise. Where a verified complaint has been served, it may
 be  used  as  the  affidavit of the facts constituting the claim and the
 amount due; in such case, an affidavit as to the default shall  be  made
 by  the  party  or  the  party's attorney. In an action arising out of a
 consumer credit transaction, if the plaintiff is not the original credi-
 tor, the applicant shall include: (1) an affidavit by the original cred-
 itor of the facts constituting the debt, the  default  in  payment,  the
 sale  or  assignment of the debt, and the amount due at the time of sale
 or assignment; (2) for each subsequent assignment or sale of the debt to
 another entity, an affidavit of sale of the debt  by  the  debt  seller,
 completed  by  the seller or assignor; and (3) an affidavit of a witness
 of the plaintiff, which includes a chain of title of the debt, completed
 by the plaintiff or plaintiff's  witness.  IN  AN  ACTION  ARISING  FROM
 MEDICAL  DEBT, IF THE PLAINTIFF IS NOT A HOSPITAL LICENSED UNDER ARTICLE
 TWENTY-EIGHT OF THE PUBLIC HEALTH LAW  OR  A  HEALTH  CARE  PROFESSIONAL
 AUTHORIZED  UNDER  TITLE EIGHT OF THE EDUCATION LAW, THE APPLICANT SHALL
 INCLUDE: (1) AN AFFIDAVIT BY THE HOSPITAL OR HEALTH CARE PROFESSIONAL OF
 THE FACTS CONSTITUTING THE MEDICAL DEBT, THE  DEFAULT  IN  PAYMENT,  THE
 SALE  OR  ASSIGNMENT OF THE MEDICAL DEBT, AND THE AMOUNT DUE AT THE TIME
 OF SALE OR ASSIGNMENT; (2) FOR EACH SUBSEQUENT ASSIGNMENT OR SALE OF THE
 MEDICAL DEBT TO ANOTHER ENTITY, AN AFFIDAVIT OF SALE OF THE MEDICAL DEBT
 BY THE DEBT SELLER, COMPLETED BY THE SELLER  OR  ASSIGNOR;  AND  (3)  AN
 AFFIDAVIT OF A WITNESS OF THE PLAINTIFF, WHICH INCLUDES A CHAIN OF TITLE
 OF  THE MEDICAL DEBT, COMPLETED BY THE PLAINTIFF OR PLAINTIFF'S WITNESS.
 The chief administrative judge shall issue form  affidavits  to  satisfy
 the  requirements  of  this subdivision for consumer credit transactions
 AND ACTIONS ARISING FROM MEDICAL DEBT. When jurisdiction is based on  an
 attachment  of  property,  the  affidavit  must  state  that an order of
 attachment granted in the action has been levied on the property of  the
 defendant,  describe  the property and state its value. Proof of mailing
 S. 4007                            218                           A. 3007
 
 the notice required by subdivision (g) of this section,  where  applica-
 ble, shall also be filed.
   (j)  Affidavit. A request for a default judgment entered by the clerk,
 must be accompanied by an affidavit  by  the  plaintiff  or  plaintiff's
 attorney  stating that after reasonable inquiry, he or she has reason to
 believe that the statute of  limitations  has  not  expired.  The  chief
 administrative judge shall issue form affidavits to satisfy the require-
 ments  of  this subdivision for consumer credit transactions AND ACTIONS
 ARISING FROM MEDICAL DEBT.
   § 2. Subdivision 2 of section 212 of the judiciary law is  amended  by
 adding a new paragraph (cc) to read as follows:
   (CC)  MAKE AVAILABLE FORM AFFIDAVITS REQUIRED FOR A MOTION FOR DEFAULT
 JUDGMENT IN AN ACTION ARISING FROM MEDICAL DEBT AS REQUIRED BY  SUBDIVI-
 SION (F) OF SECTION THIRTY-TWO HUNDRED FIFTEEN OF THE CIVIL PRACTICE LAW
 AND RULES.
   § 3. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.
 
                                 SUBPART B
 
   Section  1.  This  act  shall  be  known  and  may  be  cited  as  the
 "Prescription Drug Price and Supply Chain Transparency Act of 2023".
   § 2. Legislative intent.  The  state  has  a  compelling  interest  in
 providing  for transparency into the price of prescription drugs and the
 regulation  of  entities  that  play  a  role  in  the  distribution  of
 prescription drugs in this state. The impact of ever rising prescription
 drug  costs impacts consumers in this state both at the pharmacy counter
 and in health plan premium costs.  Prescription  drug  costs  also  have
 direct  costs  to  the state fiscal, health insurance companies, pharma-
 cies, pharmacy benefit managers, hospitals, employers, and unions.
   § 3. The insurance law is amended by adding a new article 30  to  read
 as follows:
 
                                ARTICLE 30
            PRESCRIPTION DRUG PRICE AND SUPPLY CHAIN TRANSPARENCY
 
 SECTION 3001. DEFINITIONS.
         3002. FILING REQUIREMENT.
         3003. SPECIAL REPORTS AND OTHER POWERS.
         3004. REPORTING OF DRUG PRICE INCREASES.
         3005. REPORTING OF PAY FOR DELAY AGREEMENTS.
         3006. REGISTRATION OF PHARMACY SERVICES ADMINISTRATIVE ORGANIZA-
                 TIONS.
         3007.  REQUIRED  DISCLOSURES BY PHARMACY SERVICES ADMINISTRATIVE
                 ORGANIZATIONS.
         3008. REGISTRATION OF PHARMACY SWITCH COMPANIES.
         3009. REQUIRED DISCLOSURES BY PHARMACY SWITCH COMPANIES.
         3010. REGISTRATION OF REBATE AGGREGATORS.
         3011. REQUIRED DISCLOSURES BY REBATE AGGREGATORS.
         3012. DEPOSIT OF PENALTIES AND FEES.
   § 3001. DEFINITIONS. (A) FOR THE PURPOSES OF THIS ARTICLE,  THE  DEFI-
 NITIONS  CONTAINED  IN SECTION TWO HUNDRED EIGHTY-A OF THE PUBLIC HEALTH
 LAW SHALL APPLY TO THIS ARTICLE AS IF SPECIFICALLY SET FORTH HEREIN.
   (B) THE FOLLOWING WORDS OR PHRASES, AS USED  IN  THIS  ARTICLE,  SHALL
 HAVE THE FOLLOWING MEANINGS, UNLESS THE CONTEXT OTHERWISE REQUIRES:
 S. 4007                            219                           A. 3007
 
   (1)  "MANUFACTURER"  MEANS  AN  ENTITY  ENGAGED  IN THE MANUFACTURE OF
 PRESCRIPTION DRUGS SOLD IN THIS STATE.
   (2)  "PHARMACY SERVICES ADMINISTRATIVE ORGANIZATION" OR "PSAO" MEANS A
 ENTITY THAT IS OPERATING IN THIS STATE AND THAT CONTRACTS WITH A PHARMA-
 CY FOR THE PURPOSE OF CONDUCTING BUSINESS ON THE PHARMACY'S BEHALF  WITH
 WHOLESALERS, DISTRIBUTORS, HEALTH PLANS OR PHARMACY BENEFIT MANAGERS.
   (3) "REBATE AGGREGATOR" MEANS AN ENTITY THAT PROVIDES FORMULARY REBATE
 ADMINISTRATIVE SERVICES FOR PHARMACY BENEFIT MANAGERS OR OTHERWISE NEGO-
 TIATES  REBATES  WITH MANUFACTURERS ON BEHALF OF PHARMACY BENEFIT MANAG-
 ERS.
   (4) "SWITCH COMPANY" MEANS AN ENTITY  THAT  ACTS  AS  AN  INTERMEDIARY
 BETWEEN A PHARMACY AND A PHARMACY BENEFIT MANAGER OR HEALTH PLAN FOR THE
 PURPOSE OF ROUTING INSURANCE CLAIMS DATA TO OR FROM A PHARMACY.
   (5)  "WHOLESALER"  MEANS  AN  ENTITY  THAT BOTTLES, PACKS OR PURCHASES
 DRUGS, DEVICES OR COSMETICS FOR THE PURPOSE OF SELLING OR  RESELLING  TO
 PHARMACIES OR TO OTHER CHANNELS.
   §  3002.  FILING REQUIREMENT. NOTWITHSTANDING ANY LAW TO THE CONTRARY,
 ANY FILING OR SUBMISSION REQUIRED UNDER THIS ARTICLE SHALL BE MADE ELEC-
 TRONICALLY UNLESS THE ENTITY REQUIRED TO MAKE THAT FILING OR  SUBMISSION
 DEMONSTRATES  UNDUE HARDSHIP, IMPRACTICABILITY OR GOOD CAUSE AS REQUIRED
 BY SECTION THREE HUNDRED SIXTEEN OF THIS CHAPTER.
   § 3003. SPECIAL REPORTS AND OTHER POWERS. (A) THE  SUPERINTENDENT  MAY
 ADDRESS  TO  ANY ENTITY REQUIRED TO REGISTER OR REPORT INFORMATION UNDER
 THIS ARTICLE, OR ITS OFFICERS, OR ANY  AGENT  OR  EMPLOYEE  THEREOF  ANY
 INQUIRY  IN  RELATION TO ITS BUSINESS OR ANY MATTER CONNECTED THEREWITH.
 EVERY INDIVIDUAL OR ENTITY SO ADDRESSED SHALL REPLY IN WRITING  TO  SUCH
 INQUIRY PROMPTLY AND TRUTHFULLY, AND SUCH REPLY SHALL BE, IF REQUIRED BY
 THE SUPERINTENDENT, SUBSCRIBED BY SUCH INDIVIDUAL, OR BY SUCH OFFICER OR
 OFFICERS  OF  THE  ENTITY, OR BY SUCH AGENT OR EMPLOYEE OF THE ENTITY AS
 THE SUPERINTENDENT SHALL DESIGNATE, AND AFFIRMED BY THEM AS  TRUE  UNDER
 THE PENALTIES OF PERJURY.
   (B) IN THE EVENT ANY INDIVIDUAL OR ENTITY DOES NOT SUBMIT A GOOD FAITH
 RESPONSE  TO  AN  INQUIRY FROM THE SUPERINTENDENT PURSUANT TO SUBSECTION
 (A) OF THIS SECTION WITHIN A TIME PERIOD SPECIFIED BY THE SUPERINTENDENT
 OF NOT LESS THAN FIFTEEN BUSINESS DAYS, THE SUPERINTENDENT IS AUTHORIZED
 TO LEVY A CIVIL PENALTY, AFTER NOTICE AND HEARING, AGAINST  SUCH  PERSON
 NOT  TO EXCEED ONE THOUSAND DOLLARS PER DAY FOR EACH DAY BEYOND THE DATE
 SPECIFIED BY THE SUPERINTENDENT FOR RESPONSE TO THE INQUIRY.
   (C) IN ADDITION TO ALL OTHER POWERS GRANTED BY LAW, THE SUPERINTENDENT
 IS HEREBY EMPOWERED TO ORDER ANY PERSON OR ENTITY REQUIRED  TO  REGISTER
 OR  REPORT  INFORMATION  UNDER  THIS  ARTICLE  TO  CEASE AND DESIST FROM
 VIOLATIONS OF THIS ARTICLE AND FOLLOWING ISSUANCE OF SUCH AN  ORDER  MAY
 BRING  AND MAINTAIN AN ACTION IN ANY COURT OF COMPETENT JURISDICTION FOR
 AN INJUNCTION OR OTHER APPROPRIATE RELIEF TO ENJOIN THREATENED OR EXIST-
 ING VIOLATIONS OF THIS ARTICLE OR  OF  THE  SUPERINTENDENT'S  ORDERS  OR
 REGULATIONS,  SUCH ACTION MAY SPECIFICALLY SEEK RESTITUTION ON BEHALF OF
 PERSONS AGGRIEVED BY A VIOLATION OF THIS  ARTICLE  OR  ORDERS  OR  REGU-
 LATIONS OF THE SUPERINTENDENT.
   (D)  IN ADDITION TO ALL OTHER POWERS GRANTED BY LAW, WHENEVER IT SHALL
 APPEAR TO THE SUPERINTENDENT, EITHER UPON COMPLAINT OR  OTHERWISE,  THAT
 IN  THE COURSE OF ITS BUSINESS WITHIN OR FROM THIS STATE THAT ANY ENTITY
 SHALL HAVE EMPLOYED, OR EMPLOYS, OR IS  ABOUT  TO  EMPLOY  ANY  BUSINESS
 PRACTICE  OR  SHALL  HAVE  PERFORMED,  OR  IS PERFORMING, OR IS ABOUT TO
 PERFORM ANY ACT IN VIOLATION OF THIS ARTICLE OR ORDERS OR REGULATIONS OF
 THE SUPERINTENDENT, OR THE SUPERINTENDENT  BELIEVES  IT  TO  BE  IN  THE
 PUBLIC  INTEREST  THAT AN INVESTIGATION BE MADE, THE SUPERINTENDENT MAY,
 S. 4007                            220                           A. 3007
 
 IN THE SUPERINTENDENT'S DISCRETION, EITHER REQUIRE OR PERMIT SUCH ENTITY
 OR ANY AGENT OR EMPLOYEE THEREOF, TO FILE WITH THE DEPARTMENT  A  STATE-
 MENT  IN WRITING UNDER OATH OR OTHERWISE AS TO ALL THE FACTS AND CIRCUM-
 STANCES  CONCERNING  THE SUBJECT MATTER THAT THE SUPERINTENDENT BELIEVES
 IS IN THE PUBLIC INTEREST TO  INVESTIGATE,  AND  FOR  THAT  PURPOSE  MAY
 PRESCRIBE  FORMS  UPON  WHICH  SUCH STATEMENTS SHALL BE MADE. THE SUPER-
 INTENDENT MAY ALSO REQUIRE SUCH OTHER DATA AND INFORMATION AS THE SUPER-
 INTENDENT MAY DEEM RELEVANT AND MAY MAKE SUCH  SPECIAL  AND  INDEPENDENT
 INVESTIGATIONS  AS  THE  SUPERINTENDENT MAY DEEM NECESSARY IN CONNECTION
 WITH THE MATTER. IT SHALL BE THE DUTY  OF  ALL  PUBLIC  OFFICERS,  THEIR
 DEPUTIES,  ASSISTANTS,  SUBORDINATES,  CLERKS OR EMPLOYEES AND ALL OTHER
 PERSONS TO RENDER AND FURNISH TO THE SUPERINTENDENT, WHEN  REQUESTED  IN
 CONNECTION  WITH AN INVESTIGATION UNDER THIS SUBSECTION, ALL INFORMATION
 AND ASSISTANCE IN THEIR POSSESSION OR WITHIN THEIR POWER.
   (E) ANY ENTITY WHO VIOLATES AN ORDER UNDER SUBSECTION (C)  OR  (D)  OF
 THIS  SECTION  SHALL  BE  SUBJECT TO A CIVIL PENALTY, AFTER NOTICE AND A
 HEARING, OF NOT MORE THAN TEN THOUSAND DOLLARS PER ACT IN VIOLATION,  IN
 ADDITION TO ANY OTHER PENALTY PROVIDED BY LAW.
   (F)  ANY  COMMUNICATIONS  OR  DOCUMENTS SENT OR RECEIVED IN CONNECTION
 WITH AN INVESTIGATION UNDER THIS ARTICLE,  AND  MATERIALS  REFERRING  TO
 SUCH INFORMATION IN THE POSSESSION OF THE SUPERINTENDENT SHALL BE CONFI-
 DENTIAL AND NOT SUBJECT TO DISCLOSURE BY THE SUPERINTENDENT EXCEPT WHERE
 AND  AS  THE  SUPERINTENDENT DETERMINES THAT DISCLOSURE IS IN THE PUBLIC
 INTEREST.  THIS SUBSECTION SHALL NOT APPLY TO INFORMATION, DOCUMENTS AND
 MATERIALS IN THE POSSESSION AND UNDER THE CONTROL  OF  AN  ENTITY  OTHER
 THAN THE SUPERINTENDENT.
   §  3004.  REPORTING OF DRUG PRICE INCREASES. (A)(1) NO MANUFACTURER OR
 WHOLESALER MAY CHARGE ANY PRICE FOR A  DRUG  BASED  ON  AN  INCREASE  IN
 WHOLESALE ACQUISITION COST, AVERAGE WHOLESALE PRICE, OR ANY OTHER METRIC
 UNLESS THE MANUFACTURER SHALL FIRST REPORT THE PRICE TO THE DEPARTMENT.
   (2)  NO ENTITY MAY SELL OR DISTRIBUTE IN THIS STATE ANY DRUG FOR WHICH
 A REPORT WAS REQUIRED TO BE MADE UNDER THIS SUBSECTION UNTIL SUCH REPORT
 IS MADE.
   (B) THE REPORT REQUIRED BY SUBSECTION (A) OF  THIS  SECTION  SHALL  BE
 MADE  IN  A  FORM  AND MANNER PRESCRIBED BY THE SUPERINTENDENT, SHALL BE
 MADE INDIVIDUALLY FOR EACH NATIONAL DRUG CODE,  AND  SHALL  INCLUDE  THE
 FOLLOWING:
   (1) THE NAME OR NAMES OF THE DRUG;
   (2) THE NATIONAL DRUG CODE FOR THE DRUG;
   (3) THE PRICE OF THE DRUG PRIOR TO THE INCREASE;
   (4) THE PRICE OF THE DRUG FOLLOWING THE INCREASE;
   (5) THE EFFECTIVE DATE OF THE INCREASE;
   (6) THE DATE ON WHICH THE DECISION WAS MADE TO INCREASE THE PRICE; AND
   (7) THE REASON AND JUSTIFICATION FOR THE INCREASE.
   (C) NOT LATER THAN MAY FIRST, TWO THOUSAND TWENTY-FIVE, THE DEPARTMENT
 SHALL BEGIN PUBLISHING REPORTS RECEIVED UNDER THIS SECTION ON A PUBLICLY
 ACCESSIBLE ONLINE DATABASE, WHICH IS SEARCHABLE AT LEAST BY MANUFACTURER
 NAME,  DRUG  NAME,  AND  NATIONAL DRUG CODE. REPORTS SHALL BE POSTED NOT
 LATER THAN FIFTEEN BUSINESS DAYS  AFTER  THEY  ARE  RECEIVED  AND  SHALL
 REMAIN  ON  THE DATABASE FOR NOT LESS THAN ONE HUNDRED EIGHTY DAYS AFTER
 THE EFFECTIVE DATE OF THE INCREASE OR THE FIRST DATE THE REPORT IS POST-
 ED, WHICHEVER IS LATER, PROVIDED, HOWEVER, THAT THE  SUPERINTENDENT  MAY
 DELAY THE POSTING OF A REPORT IF POSTING WITHIN FIFTEEN BUSINESS DAYS OF
 RECEIPT IS NOT FEASIBLE.
   (D) NOTWITHSTANDING ANY LAW TO THE CONTRARY, THE INFORMATION CONTAINED
 IN  PARAGRAPHS  SIX  AND  SEVEN OF SUBSECTION (B) OF THIS SECTION OR ANY
 S. 4007                            221                           A. 3007
 
 STATEMENT REQUIRED UNDER SUBSECTION (G) OF THIS SECTION,  TOGETHER  WITH
 ANY  COMMUNICATIONS, DOCUMENTS, AND MATERIALS REFERRING TO SUCH INFORMA-
 TION IN THE POSSESSION OF THE SUPERINTENDENT, SHALL BE CONFIDENTIAL  AND
 NOT SUBJECT TO DISCLOSURE BY THE SUPERINTENDENT, EXCEPT WHERE THE SUPER-
 INTENDENT  DETERMINES  THAT  DISCLOSURE  IS IN THE PUBLIC INTEREST. THIS
 SUBSECTION SHALL NOT APPLY TO INFORMATION, DOCUMENTS  AND  MATERIALS  IN
 THE  POSSESSION AND UNDER THE CONTROL OF AN ENTITY OTHER THAN THE SUPER-
 INTENDENT.
   (E) NO REPORT SHALL BE CONSIDERED VALIDLY FILED UNLESS ACCOMPANIED  BY
 A FILING FEE IN AN AMOUNT SET FORTH IN THIS SUBSECTION.
   (1) FOR ANY REPORT INVOLVING AN INCREASE THAT WILL NOT TAKE EFFECT FOR
 ONE  HUNDRED TWENTY DAYS OR MORE AND FOR WHICH THE EFFECTIVE DATE OF THE
 CHANGE IS BETWEEN THE FIRST OF JANUARY AND THE THIRTY-FIRST  OF  JANUARY
 AND:
   (A)  FOR  WHICH  THE INCREASE WILL RESULT IN A CHANGE OF LESS THAN TEN
 PERCENT PER UNIT OVER THE PRICE OF THE SAME DRUG  THREE  HUNDRED  SIXTY-
 FIVE  DAYS  BEFORE  THE  EFFECTIVE  DATE OF THE CHANGE, THE FEE SHALL BE
 TWENTY-FIVE DOLLARS;
   (B) FOR WHICH THE INCREASE WILL RESULT IN A CHANGE OF LESS THAN  TWEN-
 TY-FIVE  PERCENT  PER UNIT OVER THE PRICE OF THE SAME DRUG THREE HUNDRED
 SIXTY-FIVE DAYS BEFORE THE EFFECTIVE DATE OF THE CHANGE, THE  FEE  SHALL
 BE TWENTY-FIVE DOLLARS;
   (C)  FOR WHICH THE INCREASE WILL RESULT IN A CHANGE OF LESS THAN FIFTY
 PERCENT PER UNIT OVER THE PRICE OF THE SAME DRUG  THREE  HUNDRED  SIXTY-
 FIVE  DAYS BEFORE THE EFFECTIVE DATE OF THE CHANGE, THE FEE SHALL BE TWO
 HUNDRED FIFTY DOLLARS; OR
   (D) FOR WHICH THE INCREASE WILL RESULT IN A CHANGE OF FIFTY PERCENT OR
 GREATER PER UNIT OVER THE PRICE OF THE SAME DRUG  THREE  HUNDRED  SIXTY-
 FIVE  DAYS BEFORE THE EFFECTIVE DATE OF THE CHANGE, THE FEE SHALL BE ONE
 THOUSAND DOLLARS.
   (2) FOR ANY REPORT INVOLVING AN INCREASE THAT WILL NOT TAKE EFFECT FOR
 ONE HUNDRED TWENTY DAYS OR MORE AND FOR  WHICH  THE  EFFECTIVE  DATE  IS
 OUTSIDE OF THE MONTH OF JANUARY AND:
   (A)  FOR  WHICH  THE INCREASE WILL RESULT IN A CHANGE OF LESS THAN TEN
 PERCENT PER UNIT OVER THE PRICE OF THE SAME DRUG  THREE  HUNDRED  SIXTY-
 FIVE  DAYS BEFORE THE EFFECTIVE DATE OF THE CHANGE, THE FEE SHALL BE TWO
 THOUSAND FIVE HUNDRED DOLLARS;
   (B) FOR WHICH THE INCREASE WILL RESULT IN A CHANGE OF LESS THAN  TWEN-
 TY-FIVE  PERCENT  PER UNIT OVER THE PRICE OF THE SAME DRUG THREE HUNDRED
 SIXTY-FIVE DAYS BEFORE THE EFFECTIVE DATE OF THE CHANGE, THE  FEE  SHALL
 BE FIVE THOUSAND DOLLARS;
   (C)  FOR WHICH THE INCREASE WILL RESULT IN A CHANGE OF LESS THAN FIFTY
 PERCENT PER UNIT OVER THE PRICE OF THE SAME DRUG  THREE  HUNDRED  SIXTY-
 FIVE  DAYS  BEFORE  THE  EFFECTIVE  DATE OF THE CHANGE, THE FEE SHALL BE
 SEVEN THOUSAND FIVE HUNDRED DOLLARS; OR
   (D) FOR WHICH THE INCREASE WILL RESULT IN A CHANGE OF FIFTY PERCENT OR
 GREATER PER UNIT OVER THE PRICE OF THE SAME DRUG  THREE  HUNDRED  SIXTY-
 FIVE  DAYS BEFORE THE EFFECTIVE DATE OF THE CHANGE, THE FEE SHALL BE TEN
 THOUSAND DOLLARS.
   (3) FOR ANY REPORT INVOLVING AN INCREASE THAT WILL TAKE EFFECT IN LESS
 THAN ONE HUNDRED TWENTY DAYS AND FOR WHICH THE  EFFECTIVE  DATE  OF  THE
 CHANGE  IS  BETWEEN THE FIRST OF JANUARY AND THE THIRTY-FIRST OF JANUARY
 AND:
   (A) FOR WHICH THE INCREASE WILL RESULT IN A CHANGE OF  LESS  THAN  TEN
 PERCENT  PER  UNIT  OVER THE PRICE OF THE SAME DRUG THREE HUNDRED SIXTY-
 S. 4007                            222                           A. 3007
 
 FIVE DAYS BEFORE THE EFFECTIVE DATE OF THE CHANGE, THE FEE SHALL BE  TWO
 THOUSAND FIVE HUNDRED DOLLARS;
   (B)  FOR WHICH THE INCREASE WILL RESULT IN A CHANGE OF LESS THAN TWEN-
 TY-FIVE PERCENT PER UNIT OVER THE PRICE OF THE SAME DRUG  THREE  HUNDRED
 SIXTY-FIVE  DAYS  BEFORE THE EFFECTIVE DATE OF THE CHANGE, THE FEE SHALL
 BE FIVE THOUSAND DOLLARS;
   (C) FOR WHICH THE INCREASE WILL RESULT IN A CHANGE OF LESS THAN  FIFTY
 PERCENT  PER  UNIT  OVER THE PRICE OF THE SAME DRUG THREE HUNDRED SIXTY-
 FIVE DAYS BEFORE THE EFFECTIVE DATE OF THE  CHANGE,  THE  FEE  SHALL  BE
 SEVEN THOUSAND FIVE HUNDRED DOLLARS; OR
   (D) FOR WHICH THE INCREASE WILL RESULT IN A CHANGE OF FIFTY PERCENT OR
 GREATER  PER  UNIT  OVER THE PRICE OF THE SAME DRUG THREE HUNDRED SIXTY-
 FIVE DAYS BEFORE THE EFFECTIVE DATE OF THE CHANGE, THE FEE SHALL BE  TEN
 THOUSAND DOLLARS.
   (4) FOR ANY REPORT INVOLVING AN INCREASE THAT WILL TAKE EFFECT IN LESS
 THAN  ONE  HUNDRED  TWENTY  DAYS AND FOR WHICH THE EFFECTIVE DATE OF THE
 CHANGE IS OUTSIDE OF THE MONTH OF JANUARY AND:
   (A) FOR WHICH THE INCREASE WILL RESULT IN A CHANGE OF  LESS  THAN  TEN
 PERCENT  PER  UNIT  OVER THE PRICE OF THE SAME DRUG THREE HUNDRED SIXTY-
 FIVE DAYS BEFORE THE EFFECTIVE DATE OF THE  CHANGE,  THE  FEE  SHALL  BE
 TWENTY-FIVE THOUSAND DOLLARS;
   (B)  FOR WHICH THE INCREASE WILL RESULT IN A CHANGE OF LESS THAN TWEN-
 TY-FIVE PERCENT PER UNIT OVER THE PRICE OF THE SAME DRUG  THREE  HUNDRED
 SIXTY-FIVE  DAYS  BEFORE THE EFFECTIVE DATE OF THE CHANGE, THE FEE SHALL
 BE FIFTY THOUSAND DOLLARS;
   (C) FOR WHICH THE INCREASE WILL RESULT IN A CHANGE OF LESS THAN  FIFTY
 PERCENT  PER  UNIT  OVER THE PRICE OF THE SAME DRUG THREE HUNDRED SIXTY-
 FIVE DAYS BEFORE THE EFFECTIVE DATE OF THE  CHANGE,  THE  FEE  SHALL  BE
 SEVENTY-FIVE THOUSAND DOLLARS; OR
   (D) FOR WHICH THE INCREASE WILL RESULT IN A CHANGE OF FIFTY PERCENT OR
 GREATER  PER  UNIT  OVER THE PRICE OF THE SAME DRUG THREE HUNDRED SIXTY-
 FIVE DAYS BEFORE THE EFFECTIVE DATE OF THE CHANGE, THE FEE SHALL BE  ONE
 HUNDRED THOUSAND DOLLARS.
   (5)  FOR  ANY  REPORT MADE AFTER THE EFFECTIVE DATE OF THE CHANGE, THE
 FEE SHALL BE ONE HUNDRED THOUSAND DOLLARS PLUS TEN THOUSAND DOLLARS  FOR
 EACH DAY AFTER THE EFFECTIVE DATE BEFORE THE REPORT IS MADE.
   (F)  AFTER NOTICE AND A HEARING, THE SUPERINTENDENT MAY IMPOSE A CIVIL
 PENALTY ON ANY ENTITY THAT VIOLATES SUBSECTION (A) OF THIS SECTION IN AN
 AMOUNT NOT TO EXCEED ONE MILLION DOLLARS PER VIOLATION.  IN  CONSIDERING
 THE AMOUNT OF ANY SUCH CIVIL PENALTY, THE SUPERINTENDENT SHALL CONSIDER:
   (1) THE TIMING OF THE INCREASE;
   (2) THE COST OF THE DRUG;
   (3) THE IMPACT ON CONSUMERS;
   (4) WHETHER SUCH VIOLATION IS A FIRST OFFENSE; AND
   (5)  REMEDIAL  MEASURES  THE ENTITY HAS PUT IN PLACE TO PREVENT FUTURE
 VIOLATIONS.
   (G) WHENEVER A REPORT IS MADE INVOLVING AN  INCREASE  THAT  WILL  TAKE
 EFFECT  IN  LESS  THAN  ONE HUNDRED TWENTY DAYS, THE MANUFACTURER OF THE
 DRUG SHALL PROVIDE TO THE SUPERINTENDENT A STATEMENT OF THE REASON  THAT
 THE INCREASE MUST TAKE EFFECT IN LESS THAN ONE HUNDRED TWENTY DAYS. WHEN
 THE  SUPERINTENDENT BELIEVES IT IS IN THE PUBLIC INTEREST THAT AN INVES-
 TIGATION BE MADE, THE SUPERINTENDENT MAY MAKE  INDEPENDENT  AND  SPECIAL
 INVESTIGATIONS INTO THE MATTER AS THE SUPERINTENDENT DEEMS APPROPRIATE.
   §  3005.  REPORTING OF PAY FOR DELAY AGREEMENTS. (A) EACH MANUFACTURER
 DOING BUSINESS IN THIS STATE THAT MANUFACTURES A BRAND NAME PRESCRIPTION
 DRUG AND ENTERS INTO AN ARRANGEMENT,  THROUGH  AGREEMENT  OR  OTHERWISE,
 S. 4007                            223                           A. 3007
 
 WITH  ANOTHER PHARMACEUTICAL MANUFACTURER THAT HAS THE PURPOSE OR EFFECT
 OF DELAYING OR PREVENTING SUCH OTHER  MANUFACTURER  FROM  INTRODUCING  A
 GENERIC  SUBSTITUTE  FOR SUCH DRUG INTO THE MARKETPLACE SHALL, NOT LATER
 THAN  THIRTY  DAYS  AFTER ENTERING INTO SUCH ARRANGEMENT, SEND NOTICE TO
 THE SUPERINTENDENT, IN A FORM AND MANNER PRESCRIBED BY  THE  SUPERINTEN-
 DENT, DISCLOSING THE NAME OF SUCH DRUG, THE WHOLESALE PRICE, THE DISEASE
 OR  DISEASES SUCH DRUG IS COMMONLY PRESCRIBED TO TREAT, THE MANUFACTURER
 OF SUCH DRUG, THE NAME OF THE GENERIC MANUFACTURER, THE  LENGTH  OF  THE
 DELAY, AND SUCH OTHER INFORMATION AS THE SUPERINTENDENT MAY REQUIRE.
   (B)  THE SUPERINTENDENT SHALL, NO LATER THAN THIRTY DAYS AFTER RECEIV-
 ING A NOTICE PURSUANT TO SUBSECTION (A) OF THIS SECTION, PROVIDE  NOTICE
 OF  THE  FILING  TO  THE DRUG ACCOUNTABILITY BOARD, THE DRUG UTILIZATION
 REVIEW BOARD ESTABLISHED UNDER SECTION THREE  HUNDRED  SIXTY-NINE-BB  OF
 THE  SOCIAL  SERVICES  LAW  AND  ALL MEDICAID MANAGED CARE PLANS, HEALTH
 PLANS AND PHARMACY BENEFITS MANAGERS. IT SHALL BE SUFFICIENT NOTICE  FOR
 THE SUPERINTENDENT TO MAKE AVAILABLE AN EMAIL NOTIFICATION LIST TO WHICH
 ANY OF THE AFOREMENTIONED ENTITIES MAY ELECT TO RECEIVE NOTICE.
   (C) NO LATER THAN JUNE FIRST, TWO THOUSAND TWENTY-FOUR, THE DEPARTMENT
 SHALL POST ON ITS WEBSITE WITHIN THIRTY DAYS OF RECEIPT THEREOF, ALL THE
 NOTICES  REQUIRED PURSUANT TO SUBSECTION (A) OF THIS SECTION IN A FORMAT
 AND MANNER DEVELOPED BY THE SUPERINTENDENT THAT IS SEARCHABLE  BY  DRUG,
 COST,  DISEASE, AND MANUFACTURER BOTH FOR THE BRAND AND GENERIC DRUG FOR
 PUBLIC REVIEW.
   (D) EACH NOTICE REQUIRED UNDER SUBSECTION (A) OF THIS SECTION SHALL BE
 ACCOMPANIED BY A FILING FEE OF ONE HUNDRED DOLLARS.
   (E) FOR A VIOLATION BY A MANUFACTURER OF A BRAND NAME DRUG  WHO  KNOW-
 INGLY  OR  NEGLIGENTLY FAILS TO NOTIFY THE SUPERINTENDENT AS REQUIRED IN
 SUBSECTION (A) OF THIS  SECTION,  THE  SUPERINTENDENT  SHALL  FINE  SUCH
 MANUFACTURER  NO  LESS  THAN  FIVE  THOUSAND  DOLLARS  FOR EACH DAY SUCH
 MANUFACTURER FAILS TO PROPERLY NOTIFY THE SUPERINTENDENT PURSUANT TO THE
 REQUIREMENTS OF THIS SECTION FOR THE FIRST VIOLATION AND  NO  LESS  THAN
 TEN  THOUSAND  DOLLARS  FOR EACH DAY SUCH MANUFACTURER FAILS TO PROPERLY
 NOTIFY THE SUPERINTENDENT PURSUANT TO THE REQUIREMENTS OF  THIS  SECTION
 FOR EACH VIOLATION THEREAFTER.
   §  3006.  REGISTRATION  OF  PHARMACY SERVICES ADMINISTRATIVE ORGANIZA-
 TIONS.  (A) NO PSAO SHALL OPERATE IN  THIS  STATE  AFTER  MARCH  THIRTY-
 FIRST,  TWO  THOUSAND  TWENTY-FOUR  WITHOUT  FIRST  REGISTERING WITH THE
 DEPARTMENT.
   (B) A PSAO SEEKING REGISTRATION SHALL  FILE,  IN  A  FORM  AND  MANNER
 DETERMINED  BY  THE SUPERINTENDENT, INFORMATION THAT INCLUDES AT A MINI-
 MUM:
   (1) THE LEGAL NAME OF THE ENTITY;
   (2) ANY TRADE OR OTHER NAMES USED BY THE ENTITY;
   (3) THE ORGANIZATIONAL STRUCTURE OF THE ENTITY;
   (4) THE PHARMACIES LOCATED WITHIN THIS STATE  WITH  WHICH  THE  ENTITY
 PROVIDES SERVICES;
   (5) THE PERSONS WHO EXERCISE CONTROL OF THE ENTITY;
   (6) A PRIMARY POINT OF CONTACT FOR THE ENTITY;
   (7) AN AGENT FOR SERVICE OF PROCESS;
   (8) A SET OF AUDITED FINANCIALS FOR THE PRIOR FISCAL YEAR; AND
   (9) SUCH OTHER INFORMATION AS THE SUPERINTENDENT SHALL REQUIRE.
   (C)  THE SUPERINTENDENT SHALL ACCEPT A REGISTRATION ONLY IF THE SUPER-
 INTENDENT DETERMINES THAT ALL THE REQUIRED INFORMATION HAS BEEN PROVIDED
 IN A SATISFACTORY FORM AND  HAS  RECEIVED  PAYMENT  OF  A  NONREFUNDABLE
 REGISTRATION FEE OF FIVE THOUSAND DOLLARS.
 S. 4007                            224                           A. 3007
 
   (D)  IF  ANY  OF  THE  INFORMATION CONTAINED IN THE REGISTRATION SHALL
 CHANGE, THE PSAO SHALL NOTIFY THE DEPARTMENT OF THE CHANGE IN A FORM AND
 MANNER PRESCRIBED BY THE SUPERINTENDENT FOR SUCH PURPOSE WITHIN  TWENTY-
 ONE  DAYS  OF  THE  CHANGE.  THE REQUIREMENT TO UPDATE SHALL INCLUDE THE
 FILING  OF A NEW SET OF AUDITED FINANCIALS UPON ADOPTION. FOR ANY CHANGE
 OTHER THAN NEW AUDITED  FINANCIALS,  THE  FILING  SHALL  NOT  BE  DEEMED
 COMPLETE UNLESS ACCOMPANIED BY A PAYMENT OF A FEE OF FIFTY DOLLARS.
   (E)  EVERY  PSAO  REGISTRATION  ISSUED  PURSUANT TO THIS SECTION SHALL
 EXPIRE TWELVE MONTHS AFTER THE DATE OF  ISSUE.  A  PSAO  MAY  RENEW  ITS
 REGISTRATION FOR ANOTHER TWELVE MONTHS UPON THE FILING OF AN APPLICATION
 IN CONFORMITY WITH THIS SECTION.
   (F)  BEFORE  A PSAO REGISTRATION SHALL BE RENEWED, THE PSAO SHALL FILE
 AN  APPLICATION  FOR  RENEWAL  IN  SUCH  FORM  AS   THE   SUPERINTENDENT
 PRESCRIBES, AND PAY A FEE OF FIVE THOUSAND DOLLARS.
   (G)  IF  A PSAO FILES A RENEWAL APPLICATION WITH THE SUPERINTENDENT AT
 LEAST ONE MONTH BEFORE ITS EXPIRATION, THEN THE REGISTRATION  SOUGHT  TO
 BE  RENEWED  SHALL  CONTINUE  IN  FULL FORCE AND EFFECT EITHER UNTIL THE
 ISSUANCE BY THE SUPERINTENDENT OF THE RENEWAL REGISTRATION  APPLIED  FOR
 OR  UNTIL FIVE DAYS AFTER THE SUPERINTENDENT SHALL HAVE REFUSED TO ISSUE
 SUCH RENEWAL REGISTRATION AND GIVEN NOTICE OF SUCH REFUSAL TO THE APPLI-
 CANT, OTHERWISE THE PSAO REGISTRATION SHALL EXPIRE  AND  THE  REGISTRANT
 SHALL HAVE NO EXPECTATION OF RENEWAL.
   §  3007.  REQUIRED  DISCLOSURES  BY  PHARMACY  SERVICES ADMINISTRATIVE
 ORGANIZATIONS. (A) (1) EACH PSAO  SHALL  AT  THE  TIME  OF  REGISTRATION
 PURSUANT  TO  SECTION THREE THOUSAND SIX OF THIS ARTICLE DISCLOSE TO THE
 DEPARTMENT THE EXTENT OF ANY OWNERSHIP OR CONTROL OF THE PSAO OR BY  THE
 PSAO OF ANY PARENT COMPANY, SUBSIDIARY, OR AFFILIATE THAT:
   (A) PROVIDES PHARMACY SERVICES;
   (B) PROVIDES PRESCRIPTION DRUG OR DEVICE SERVICES; OR
   (C)  MANUFACTURES,  SELLS,  OR DISTRIBUTES PRESCRIPTION DRUGS, BIOLOG-
 ICALS, OR MEDICAL DEVICES.
   (2) A PSAO SHALL FURNISH A COPY OF THE DISCLOSURE MADE AT THE TIME  OF
 REGISTRATION  TO  ALL PHARMACIES LOCATED IN THIS STATE WITH WHICH IT HAS
 CONTRACT IN PLACE AT THE TIME OF THE  REGISTRATION.  A  PSAO  SHALL  NOT
 COLLECT  ANY  FEE FOR ANY SERVICES PROVIDED TO A PHARMACY FOR ANY PERIOD
 BEGINNING FIVE DAYS AFTER THE FILING OF A REGISTRATION WITH THE  DEPART-
 MENT UNTIL THE DISCLOSURE IS SENT TO THE PHARMACY.
   (3)  NOT LATER THAN APRIL FIRST, TWO THOUSAND TWENTY-FIVE, THE DEPART-
 MENT SHALL PUBLISH ALL DISCLOSURES RECEIVED UNDER THIS SUBSECTION  ON  A
 PUBLICLY  ACCESSIBLE  ONLINE  DATABASE,  WHICH IS SEARCHABLE AT LEAST BY
 PSAO NAME. ALL DISCLOSURES SHALL BE POSTED NOT LATER THAN  TEN  BUSINESS
 DAYS  AFTER  A REGISTRATION IS ACCEPTED AND SHALL REMAIN ON THE DATABASE
 FOR THE DURATION OF THE REGISTRATION OF THE PSAO.
   (B) (1) PRIOR TO ENTERING INTO ANY CONTRACT WITH ANY PHARMACY  LOCATED
 IN  THIS STATE, INCLUDING A CONTRACT WITH A GROUP OF PHARMACIES AT LEAST
 ONE OF WHICH IS IN THIS STATE, A PSAO SHALL FURNISH TO  THE  PHARMACY  A
 WRITTEN  DISCLOSURE  OF  THE  INFORMATION  REQUIRED  TO  BE DISCLOSED IN
 SUBSECTION (A) OF THIS SECTION. NO CONTRACT WITH  A  PHARMACY  SHALL  BE
 ENFORCEABLE  AGAINST  THE PHARMACY BY A PSAO UNLESS THAT PSAO MAKES THIS
 DISCLOSURE PRIOR TO THE  AGREEMENT.  IN  ADDITION  TO  ANY  OTHER  POWER
 CONFERRED  BY  LAW, THE SUPERINTENDENT MAY PRESCRIBE THE FORM AND MANNER
 OF SUCH DISCLOSURES.
   (2) A PSAO THAT OWNS, IS OWNED BY, IN WHOLE OR IN  PART,  OR  CONTROLS
 ANY  ENTITY THAT MANUFACTURES, SELLS, OR DISTRIBUTES PRESCRIPTION DRUGS,
 BIOLOGICALS, OR MEDICAL DEVICES SHALL NOT, AS A  CONDITION  OF  ENTERING
 INTO  A CONTRACT WITH A PHARMACY, REQUIRE THAT THE PHARMACY PURCHASE ANY
 S. 4007                            225                           A. 3007
 
 DRUGS OR MEDICAL DEVICES FROM AN ENTITY WITH WHICH THE PSAO HAS A FINAN-
 CIAL INTEREST, OR AN ENTITY WITH AN OWNERSHIP INTEREST IN THE PSAO.
   (3)  NO PSAO SHALL ENTER INTO A CONTRACT WITH A PHARMACY IN THIS STATE
 UNLESS THAT CONTRACT SHALL  PROVIDE  THAT  ALL  REMITTANCES  FOR  CLAIMS
 SUBMITTED  BY  A PHARMACY BENEFIT MANAGER OR THIRD-PARTY PAYER ON BEHALF
 OF A PHARMACY TO THE PSAO SHALL BE PASSED THROUGH BY  THE  PSAO  TO  THE
 PHARMACY  WITHIN  A  REASONABLE  AMOUNT  OF  TIME,  ESTABLISHED  IN  THE
 CONTRACT, AFTER RECEIPT OF THE REMITTANCE BY THE PSAO FROM THE  PHARMACY
 BENEFIT MANAGER OR THIRD-PARTY PAYER.
   (C)  (1)  A  PSAO  THAT  PROVIDES,  ACCEPTS,  OR PROCESSES A DISCOUNT,
 CONCESSION, OR PRODUCT VOUCHER, TO REDUCE,  DIRECTLY  OR  INDIRECTLY,  A
 COVERED  INDIVIDUAL'S  OUT-OF-POCKET  EXPENSE FOR THE ORDER, DISPENSING,
 SUBSTITUTION, SALE, OR PURCHASE OF A PRESCRIPTION DRUG SHALL MAKE AVAIL-
 ABLE TO EACH PHARMACY IN THIS STATE THAT IT CONTRACTS WITH OR  WHICH  IT
 CONTRACTED  WITH  IN  THE  PRIOR  CALENDAR  YEAR,  AN ANNUAL REPORT THAT
 INCLUDES:
   (A) AN AGGREGATED TOTAL OF ALL SUCH TRANSACTIONS, BY THE PHARMACY; AND
   (B) AN AGGREGATED TOTAL OF ANY PAYMENTS RECEIVED BY  THE  PSAO  ITSELF
 FOR  PROVIDING,  PROCESSING,  OR  ACCEPTING ANY DISCOUNT, CONCESSION, OR
 PRODUCT VOUCHER ON BEHALF OF A PHARMACY.
   (2) A PHARMACY IN THIS STATE THAT IS A PARTY TO A CONTRACT WITH A PSAO
 SHALL HAVE A RIGHT TO AN ACCOUNTING OF THE FUNDS RECEIVED  BY  THE  PSAO
 FOR  GOODS  OR SERVICES PROVIDED BY THE PHARMACY TO PATIENTS AND CUSTOM-
 ERS.
   § 3008. REGISTRATION OF  PHARMACY  SWITCH  COMPANIES.  (A)  NO  SWITCH
 COMPANY MAY DO BUSINESS IN THIS STATE AFTER JUNE THIRTIETH, TWO THOUSAND
 TWENTY-FOUR WITHOUT FIRST REGISTERING WITH THE DEPARTMENT.
   (B)  A SWITCH COMPANY SEEKING REGISTRATION SHALL FILE WITH THE DEPART-
 MENT, IN A FORM AND MANNER DETERMINED BY THE SUPERINTENDENT, INFORMATION
 INCLUDING BUT NOT LIMITED TO:
   (1) THE LEGAL NAME OF THE ENTITY;
   (2) ANY TRADE OR OTHER NAMES USED BY THE ENTITY;
   (3) THE ORGANIZATIONAL STRUCTURE OF THE ENTITY;
   (4) THE PHARMACIES LOCATED WITHIN THIS STATE AND THE PHARMACY  BENEFIT
 MANAGERS LICENSED IN THIS STATE WITH WHICH THE ENTITY PROVIDES SERVICES;
   (5) THE PERSONS WHO EXERCISE CONTROL OF THE ENTITY;
   (6) A PRIMARY POINT OF CONTACT FOR THE ENTITY;
   (7) AN AGENT FOR SERVICE OF PROCESS;
   (8) A SET OF AUDITED FINANCIALS FOR THE PRIOR FISCAL YEAR; AND
   (9)  SUCH  OTHER  INFORMATION OR DOCUMENTS AS THE SUPERINTENDENT SHALL
 REQUIRE.
   (C) THE SUPERINTENDENT SHALL ACCEPT A REGISTRATION ONLY IF HE  OR  SHE
 DEEMS THAT ALL THE REQUIRED INFORMATION HAS BEEN PROVIDED IN A SATISFAC-
 TORY  FORM  AND HAS RECEIVED PAYMENT OF A NONREFUNDABLE REGISTRATION FEE
 OF ONE THOUSAND DOLLARS.
   (D) IF ANY OF THE INFORMATION  CONTAINED  IN  THE  REGISTRATION  SHALL
 CHANGE,  THE SWITCH COMPANY SHALL NOTIFY THE DEPARTMENT OF THE CHANGE IN
 A FORM AND MANNER PRESCRIBED BY  THE  SUPERINTENDENT  FOR  SUCH  PURPOSE
 WITHIN  TWENTY-ONE  DAYS  OF THE CHANGE. THE REQUIREMENT TO UPDATE SHALL
 INCLUDE THE FILING OF A NEW SET OF AUDITED FINANCIALS UPON ADOPTION. FOR
 ANY CHANGE OTHER THAN NEW AUDITED FINANCIALS, THE FILING  SHALL  NOT  BE
 DEEMED  COMPLETE  UNLESS  ACCOMPANIED  BY  A  PAYMENT  OF A FEE OF FIFTY
 DOLLARS.
   (E) EVERY PHARMACY SWITCH COMPANY'S REGISTRATION SHALL  EXPIRE  TWELVE
 MONTHS  AFTER  THE  DATE OF ISSUE. EVERY REGISTRATION ISSUED PURSUANT TO
 S. 4007                            226                           A. 3007
 
 THIS SECTION MAY BE RENEWED FOR THE ENSUING PERIOD OF TWELVE MONTHS UPON
 THE FILING OF AN APPLICATION IN CONFORMITY WITH THIS SUBSECTION.
   (F)  BEFORE A PHARMACY SWITCH COMPANY'S REGISTRATION SHALL BE RENEWED,
 THE PHARMACY SWITCH COMPANY SHALL PROPERLY FILE IN  THE  OFFICE  OF  THE
 SUPERINTENDENT  AN  APPLICATION  FOR  RENEWAL IN SUCH FORM AS THE SUPER-
 INTENDENT PRESCRIBES, AND PAY A FEE OF ONE THOUSAND DOLLARS.
   (G) IF AN APPLICATION FOR A RENEWAL REGISTRATION SHALL HAVE BEEN FILED
 WITH THE SUPERINTENDENT AT LEAST ONE MONTH BEFORE ITS  EXPIRATION,  THEN
 THE  REGISTRATION  SOUGHT TO BE RENEWED SHALL CONTINUE IN FULL FORCE AND
 EFFECT EITHER UNTIL THE ISSUANCE BY THE SUPERINTENDENT  OF  THE  RENEWAL
 REGISTRATION  APPLIED  FOR  OR  UNTIL FIVE DAYS AFTER THE SUPERINTENDENT
 SHALL HAVE REFUSED TO ISSUE SUCH RENEWAL REGISTRATION AND  GIVEN  NOTICE
 OF  SUCH  REFUSAL  TO  THE  APPLICANT,  OTHERWISE THE REGISTRATION SHALL
 EXPIRE AND THE REGISTRANT SHALL HAVE NO EXPECTATION OF RENEWAL.
   § 3009. REQUIRED DISCLOSURES BY PHARMACY SWITCH  COMPANIES.  (A)  EACH
 SWITCH  COMPANY SHALL ANNUALLY DISCLOSE TO THE DEPARTMENT, IN A FORM AND
 MANNER PRESCRIBED BY THE SUPERINTENDENT, SUCH INFORMATION AS THE  SUPER-
 INTENDENT  DEEMS  NECESSARY  FOR THE PROPER SUPERVISION OF THE INDUSTRY.
 SUCH INFORMATION SHALL INCLUDE:
   (1) A LIST OF SERVICES THE SWITCH COMPANY PROVIDES AND THE  INDUSTRIES
 TO WHICH THEY ARE PROVIDED;
   (2)  INFORMATION ON ELECTRONIC VOUCHER SERVICES PROVIDED BY THE SWITCH
 COMPANY, INCLUDING:
   (A) A LIST OF MANUFACTURERS THAT THE SWITCH COMPANY HAS CONTRACTS WITH
 OR FOR WHICH IT TRANSMITS ELECTRONIC VOUCHERS;
   (B) A LIST OF MEDICATIONS AND THE NATIONAL DRUG CODES (NDCS) FOR WHICH
 THE SWITCH COMPANY MAY APPLY ELECTRONIC VOUCHERS; AND
   (C) THE TOTAL AMOUNT OF MONEY COLLECTED FROM MANUFACTURERS RELATED  TO
 TRANSMISSION OF ELECTRONIC VOUCHERS; AND
   (3)  THE  NUMBER OF TRANSACTIONS PROCESSED IN THIS STATE AND THE TOTAL
 AMOUNT OF REVENUE ATTRIBUTABLE TO THOSE TRANSACTIONS.
   (B) A SWITCH COMPANY SHALL DISCLOSE TO EACH PHARMACY  BENEFIT  MANAGER
 WITH  WHICH IT DOES BUSINESS ANY INSTANCE IN WHICH AN ELECTRONIC VOUCHER
 WAS APPLIED IN THE COURSE OF ROUTING THE CLAIM.
   § 3010. REGISTRATION OF REBATE AGGREGATORS. (A) NO  REBATE  AGGREGATOR
 MAY  DO  BUSINESS  IN THIS STATE AFTER SEPTEMBER THIRTIETH, TWO THOUSAND
 TWENTY-FOUR WITHOUT FIRST REGISTERING WITH THE DEPARTMENT.
   (B) A REBATE AGGREGATOR SEEKING REGISTRATION SHALL FILE, IN A FORM AND
 MANNER DETERMINED BY THE SUPERINTENDENT, INFORMATION INCLUDING  BUT  NOT
 LIMITED TO:
   (1) THE LEGAL NAME OF THE ENTITY;
   (2) ANY TRADE OR OTHER NAMES USED BY THE ENTITY;
   (3) THE ORGANIZATIONAL STRUCTURE OF THE ENTITY;
   (4)  THE  HEALTH  PLANS  AND THE PHARMACY BENEFIT MANAGERS LICENSED IN
 THIS STATE FOR WHICH THE ENTITY PROVIDES SERVICES;
   (5) THE PERSONS WHO EXERCISE CONTROL OF THE ENTITY;
   (6) A PRIMARY POINT OF CONTACT FOR THE ENTITY;
   (7) AN AGENT FOR SERVICE OF PROCESS;
   (8) A SET OF AUDITED FINANCIALS FOR THE PRIOR FISCAL YEAR; AND
   (9) SUCH OTHER INFORMATION OR DOCUMENTS AS  THE  SUPERINTENDENT  SHALL
 REQUIRE.
   (C)  THE  SUPERINTENDENT SHALL ACCEPT A REGISTRATION ONLY IF HE OR SHE
 DEEMS THAT ALL THE REQUIRED INFORMATION HAS BEEN PROVIDED IN A SATISFAC-
 TORY FORM AND HAS RECEIVED PAYMENT OF A NONREFUNDABLE  REGISTRATION  FEE
 OF ONE THOUSAND DOLLARS.
 S. 4007                            227                           A. 3007
 
   (D)  IF  ANY  OF  THE  INFORMATION CONTAINED IN THE REGISTRATION SHALL
 CHANGE THE REBATE AGGREGATOR SHALL NOTIFY THE DEPARTMENT OF  THE  CHANGE
 IN  A  FORM AND MANNER PRESCRIBED BY THE SUPERINTENDENT FOR SUCH PURPOSE
 WITHIN TWENTY-ONE DAYS OF THE CHANGE. THE REQUIREMENT  TO  UPDATE  SHALL
 INCLUDE THE FILING OF A NEW SET OF AUDITED FINANCIALS UPON ADOPTION. FOR
 ANY  CHANGE  OTHER  THAN NEW AUDITED FINANCIALS, THE FILING SHALL NOT BE
 DEEMED COMPLETE UNLESS ACCOMPANIED BY  A  PAYMENT  OF  A  FEE  OF  FIFTY
 DOLLARS.
   (E)  EVERY REBATE AGGREGATOR'S REGISTRATION SHALL EXPIRE TWELVE MONTHS
 AFTER THE DATE OF ISSUE. EVERY  REGISTRATION  ISSUED  PURSUANT  TO  THIS
 SECTION  MAY BE RENEWED FOR THE ENSUING PERIOD OF TWELVE MONTHS UPON THE
 FILING OF AN APPLICATION IN CONFORMITY WITH THIS SUBSECTION.
   (F) BEFORE A REBATE AGGREGATOR'S REGISTRATION SHALL  BE  RENEWED,  THE
 REBATE  AGGREGATOR  SHALL PROPERLY FILE IN THE OFFICE OF THE SUPERINTEN-
 DENT AN APPLICATION FOR RENEWAL  IN  SUCH  FORM  AS  THE  SUPERINTENDENT
 PRESCRIBES, AND PAY A FEE OF ONE THOUSAND DOLLARS.
   (G) IF AN APPLICATION FOR A RENEWAL REGISTRATION SHALL HAVE BEEN FILED
 WITH  THE  SUPERINTENDENT AT LEAST ONE MONTH BEFORE ITS EXPIRATION, THEN
 THE REGISTRATION SOUGHT TO BE RENEWED SHALL CONTINUE IN FULL  FORCE  AND
 EFFECT  EITHER  UNTIL  THE ISSUANCE BY THE SUPERINTENDENT OF THE RENEWAL
 REGISTRATION APPLIED FOR OR UNTIL FIVE  DAYS  AFTER  THE  SUPERINTENDENT
 SHALL  HAVE  REFUSED TO ISSUE SUCH RENEWAL REGISTRATION AND GIVEN NOTICE
 OF SUCH REFUSAL TO  THE  APPLICANT,  OTHERWISE  THE  REGISTRATION  SHALL
 EXPIRE AND THE REGISTRANT SHALL HAVE NO EXPECTATION OF RENEWAL.
   §  3011.  REQUIRED  DISCLOSURES BY REBATE AGGREGATORS. (A) EACH REBATE
 AGGREGATOR THAT HAS A CONTRACT OR ARRANGEMENT WITH  A  PHARMACY  BENEFIT
 MANAGER  SERVING  A  HEALTH  PLAN SHALL, ON AN ANNUAL BASIS, DISCLOSE IN
 WRITING TO THE HEALTH PLAN THE FOLLOWING:
   (1) FEE STRUCTURE PROVISIONS OF ANY CONTRACT  OR  ARRANGEMENT  BETWEEN
 THE REBATE AGGREGATOR AND PHARMACY BENEFIT MANAGER OR DRUG MANUFACTURER,
 INCLUDING:
   (A) FEES COLLECTED FOR AGGREGATING REBATES DUE TO THE HEALTH PLAN; AND
   (B)  SUCH OTHER INFORMATION AS THE SUPERINTENDENT MAY REQUIRE BY REGU-
 LATION; AND
   (2)  QUANTIFICATION  OF  INFLATIONARY   PAYMENTS,   CREDITS,   GRANTS,
 REIMBURSEMENTS,  OTHER  FINANCIAL  OR  OTHER REIMBURSEMENTS, INCENTIVES,
 INDUCEMENTS, REFUNDS OR OTHER BENEFITS RECEIVED BY THE REBATE AGGREGATOR
 FROM THE DRUG MANUFACTURER AND RETAINED BY THE REBATE AGGREGATOR, WHETH-
 ER REFERRED TO AS A REBATE, A DISCOUNT, OR OTHERWISE.
   (B) (1) EACH REBATE AGGREGATOR SHALL, AT  THE  TIME  OF  REGISTRATION,
 DISCLOSE TO THE DEPARTMENT THE EXTENT OF ANY OWNERSHIP OR CONTROL OF THE
 REBATE  AGGREGATOR  OR  BY  THE REBATE AGGREGATOR OF ANY PARENT COMPANY,
 SUBSIDIARY, OR OTHER AFFILIATED  ORGANIZATIONS  THAT  PROVIDES  PHARMACY
 BENEFIT MANAGEMENT SERVICES.
   (2)  EACH  REBATE  AGGREGATOR SHALL ON AN ANNUAL BASIS DISCLOSE TO THE
 DEPARTMENT THE INFORMATION REQUESTED BY THE SUPERINTENDENT, INCLUDING:
   (A) ANY PAYMENTS MADE TO A REBATE AGGREGATOR BY  A  DRUG  MANUFACTURER
 RELATING TO A DRUG'S UTILIZATION, INCLUDING INFLATIONARY PAYMENTS, CRED-
 ITS,  GRANTS,  REIMBURSEMENTS,  OTHER FINANCIAL OR OTHER REIMBURSEMENTS,
 INCENTIVES, INDUCEMENTS, REFUNDS  OR  OTHER  BENEFITS  RECEIVED  BY  THE
 REBATE  AGGREGATOR,  WHETHER  REFERRED  TO  AS  A REBATE, A DISCOUNT, OR
 OTHERWISE;
   (B) ANY PAYMENTS MADE, INCLUDING THOSE DESCRIBED IN  SUBPARAGRAPH  (A)
 OF THIS PARAGRAPH AND SUBSEQUENTLY RETAINED BY A REBATE AGGREGATOR;
   (C)  ANY FEES CHARGED BY THE REBATE AGGREGATOR TO THE PHARMACY BENEFIT
 MANAGER OR DRUG MANUFACTURER RELATING TO A DRUG'S UTILIZATION;
 S. 4007                            228                           A. 3007
 
   (D) ANY PAYMENTS MADE TO A REBATE AGGREGATOR FROM A  PROGRAM  ADMINIS-
 TERED  BY A DRUG MANUFACTURER FOR THE PURPOSE OF ASSISTING PATIENTS WITH
 THE COST OF PRESCRIPTION DRUGS, INCLUDING COPAYMENT ASSISTANCE PROGRAMS,
 DISCOUNT CARDS, AND COUPONS; AND
   (E)  THE  TERMS  AND CONDITIONS OF ANY CONTRACT OR ARRANGEMENT BETWEEN
 THE REBATE AGGREGATOR AND A PHARMACY BENEFIT MANAGER OR DRUG MANUFACTUR-
 ER.
   § 3012. DEPOSIT OF PENALTIES AND FEES. PENALTIES  AND  FEES  COLLECTED
 PURSUANT  TO  THIS  ARTICLE SHALL BE DEPOSITED INTO THE PHARMACY BENEFIT
 MANAGER REGULATORY FUND ESTABLISHED PURSUANT TO  SECTION  NINETY-NINE-OO
 OF THE STATE FINANCE LAW.
   § 4. Subdivision 3 of section 99-oo of the state finance law, as added
 by chapter 128 of the laws of 2022, is amended to read as follows:
   3.  Such  fund  shall  consist  of money received by the state as fees
 under [article] ARTICLES twenty-nine AND THIRTY of the insurance law  or
 penalties ordered under [article] ARTICLES twenty-nine AND THIRTY of the
 insurance  law  and  all  other monies appropriated, credited, or trans-
 ferred thereto from any other fund or source pursuant to law. All monies
 shall remain in such fund unless and until directed by statute or appro-
 priation.
   § 5.  This act shall take effect on the one hundred fiftieth day after
 it shall have become a law.
 
                                 SUBPART C
 
   Section 1. Subdivision 9 of section 2807-k of the public  health  law,
 as amended by section 17 of part B of chapter 60 of the laws of 2014, is
 amended to read as follows:
   9.  In order for a general hospital to participate in the distribution
 of funds from the pool, the  general  hospital  must  implement  minimum
 collection policies and procedures approved by the commissioner, UTILIZ-
 ING  ONLY  A UNIFORM FINANCIAL ASSISTANCE FORM DEVELOPED AND PROVIDED BY
 THE DEPARTMENT.
   § 2. This act shall take effect April 1, 2024.
 
                                 SUBPART D
 
   Section 1.  Legislative findings.  The legislature finds that it is in
 the best interest of the people of this state to expand  article  77  of
 the  insurance law to protect insureds and health care providers against
 the failure or inability of a health or property/casualty insurer  writ-
 ing  health  insurance  to  perform  its  contractual obligations due to
 financial impairment or insolvency.   The  superintendent  of  financial
 services  has  the right and responsibility to enforce the insurance law
 and the authority to seek redress against any person responsible for the
 impairment or insolvency of the insurer, and  nothing  in  this  act  is
 intended to restrict or limit such right, responsibility, or authority.
   § 2.  The article heading of article 77 of the insurance law, as added
 by chapter 802 of the laws of 1985, is amended to read as follows:
                    THE LIFE AND HEALTH INSURANCE COMPANY
                           GUARANTY CORPORATION
                              OF NEW YORK ACT
   § 3. Section 7701 of the insurance law, as added by chapter 802 of the
 laws of 1985, is amended to read as follows:
 S. 4007                            229                           A. 3007
 
   §  7701.  Short title. This article shall be known and may be cited as
 "The Life AND HEALTH Insurance Company Guaranty Corporation of New  York
 Act".
   §  4.  Section 7702 of the insurance law, as amended by chapter 454 of
 the laws of 2014, is amended to read as follows:
   § 7702. Purpose. The purpose of this article is to  provide  funds  to
 protect  policy  owners, insureds, HEALTH CARE PROVIDERS, beneficiaries,
 annuitants, payees and assignees  of  life  insurance  policies,  health
 insurance  policies,  annuity  contracts, funding agreements and supple-
 mental contracts issued by life insurance  companies,  HEALTH  INSURANCE
 COMPANIES, AND PROPERTY/CASUALTY INSURANCE COMPANIES, subject to certain
 limitations,  against  failure  in  the performance of contractual obli-
 gations due to the impairment or insolvency of the insurer issuing  such
 policies,  contracts,  or  funding  agreements.  In  the judgment of the
 legislature, the foregoing objects and purposes  not  being  capable  of
 accomplishment by a corporation created under general laws, the creation
 of  a  not-for-profit  corporation  of  insurers is provided for by this
 article to enable the guarantee of payment of benefits and of  continua-
 tion of coverages, and members of the corporation are subject to assess-
 ment to carry out the purposes of this article.
   §  5.  Paragraphs  1  and  2  of subsection (a) of section 7703 of the
 insurance law, as added by chapter 454 of the laws of 2014, are  amended
 to read as follows:
   (1) This article shall apply to direct life insurance policies, health
 insurance  policies,  annuity contracts, funding agreements, and supple-
 mental contracts issued by a life insurance  company,  HEALTH  INSURANCE
 COMPANY,  OR  PROPERTY/CASUALTY  INSURANCE  COMPANY licensed to transact
 life or health insurance or annuities in this  state  at  the  time  the
 policy,  contract,  or  funding  agreement  was issued or on the date of
 entry of a court order of liquidation or rehabilitation with respect  to
 such a company that is an impaired or insolvent insurer, as the case may
 be.
   (2)  Except  as otherwise provided in this section, this article shall
 apply to the policies, contracts, and funding  agreements  specified  in
 paragraph one of this subsection with regard to a person who is:
   (A)  an owner or certificate holder under a policy, contract, or fund-
 ing agreement and in each case who:
   (i) is a resident OF THIS STATE; or
   (ii) is not a resident OF THIS  STATE,  but  only  under  all  of  the
 following conditions:
   (I) (AA) the insurer that issued the policy, contract, or agreement is
 domiciled in this state; OR
   (BB)  THE  INSURER  THAT  ISSUED THE POLICY, CONTRACT, OR AGREEMENT IS
 DOMICILED OUTSIDE THIS STATE AND THE INSURER  DELIVERED  OR  ISSUED  FOR
 DELIVERY  THE  POLICY,  CONTRACT,  OR AGREEMENT IN THIS STATE; PROVIDED,
 HOWEVER, THAT FOR THE PURPOSE OF THIS SUBITEM, ANY CERTIFICATE ISSUED TO
 AN INDIVIDUAL UNDER ANY GROUP OR BLANKET POLICY OR CONTRACT DELIVERED OR
 ISSUED FOR DELIVERY IN THIS STATE  SHALL  BE  CONSIDERED  TO  HAVE  BEEN
 DELIVERED OR ISSUED FOR DELIVERY IN THIS STATE;
   (II)  the  state  or  states in which the person resides has or have a
 guaranty entity similar to the corporation created by this article; and
   (III) the person is not eligible for coverage by a guaranty entity  in
 any  other  state  because the insurer was not licensed or authorized in
 that state at the time specified in that state's  guaranty  entity  law;
 [or]
 S. 4007                            230                           A. 3007
 
   (B)  the  beneficiary,  assignee,  or payee of the person specified in
 subparagraph (A) of this  paragraph,  regardless  of  where  the  person
 resides; OR
   (C)  A  HEALTH  CARE  PROVIDER  THAT HAS RENDERED SERVICES TO A PERSON
 SPECIFIED IN SUBPARAGRAPH (A) OF THIS PARAGRAPH.
   § 6. Subsections (c), (d), (e), (h), and (i) of section  7705  of  the
 insurance  law,  subsections (c), (e) and (i) as added by chapter 802 of
 the laws of 1985 and subsections (d) and (h) as amended by  chapter  454
 of  the  laws  of 2014, are amended and a new subsection (m) is added to
 read as follows:
   (c) "Corporation" means The Life AND HEALTH Insurance Company Guaranty
 Corporation of New York  created  under  section  seven  thousand  seven
 hundred six of this article unless the context otherwise requires.
   (d) "Covered  policy" means any of the kinds of insurance specified in
 paragraph one, two or three of subsection (a) of  section  one  thousand
 one  hundred thirteen of this chapter, any supplemental contract, or any
 funding agreement referred to in  section  three  thousand  two  hundred
 twenty-two  of  this chapter, or any portion or part thereof, within the
 scope of this article under section seven thousand seven  hundred  three
 of  this  article,  except  that any certificate issued to an individual
 under any group OR BLANKET policy or contract shall be considered to  be
 a  separate  covered policy for purposes of section seven thousand seven
 hundred eight of this article.
   (e) "Health insurance" means the kinds of  insurance  specified  under
 items  (i)  and  (ii)  of  paragraph  three  AND PARAGRAPH THIRTY-ONE of
 subsection (a) of section one thousand  one  hundred  thirteen  of  this
 chapter, AND SECTION ONE THOUSAND ONE HUNDRED SEVENTEEN OF THIS CHAPTER;
 MEDICAL  EXPENSE  INDEMNITY, DENTAL EXPENSE INDEMNITY, HOSPITAL SERVICE,
 OR HEALTH SERVICE UNDER ARTICLE FORTY-THREE OF THIS CHAPTER; AND COMPRE-
 HENSIVE HEALTH SERVICES UNDER ARTICLE FORTY-FOUR OF  THE  PUBLIC  HEALTH
 LAW.   "HEALTH INSURANCE" SHALL NOT INCLUDE HOSPITAL, MEDICAL, SURGICAL,
 PRESCRIPTION DRUG, OR OTHER HEALTH CARE BENEFITS PURSUANT TO:  (1)  PART
 C  OF  TITLE  XVIII  OF THE SOCIAL SECURITY ACT (42 U.S.C. § 1395W-21 ET
 SEQ.) OR PART D OF TITLE XVIII OF THE SOCIAL SECURITY ACT (42  U.S.C.  §
 1395W-101  ET  SEQ.),  COMMONLY  KNOWN AS MEDICARE PARTS C AND D, OR ANY
 REGULATIONS PROMULGATED THEREUNDER; (2) TITLES XIX AND XXI OF THE SOCIAL
 SECURITY ACT (42 U.S.C.  § 1396 ET SEQ.), COMMONLY KNOWN AS THE MEDICAID
 AND CHILD HEALTH INSURANCE  PROGRAMS,  OR  ANY  REGULATIONS  PROMULGATED
 THEREUNDER;  OR (3) THE BASIC HEALTH PROGRAM UNDER SECTION THREE HUNDRED
 SIXTY-NINE-GG OF THE SOCIAL SERVICES LAW.
   (h)  (1) "Member insurer" means:
   (A) any life insurance company licensed to transact in this state  any
 kind  of  insurance  to  which  this article applies under section seven
 thousand seven hundred three of this article;  provided,  however,  that
 the term "member insurer" also means any life insurance company formerly
 licensed  to  transact in this state any kind of insurance to which this
 article applies under section seven thousand seven hundred three of this
 article; AND
   (B) AN INSURER LICENSED OR FORMERLY LICENSED  TO  WRITE  ACCIDENT  AND
 HEALTH  INSURANCE  OR  SALARY PROTECTION INSURANCE IN THIS STATE, CORPO-
 RATION ORGANIZED PURSUANT TO ARTICLE FORTY-THREE OF THIS CHAPTER, RECIP-
 ROCAL INSURER ORGANIZED PURSUANT TO ARTICLE SIXTY-ONE OF  THIS  CHAPTER,
 COOPERATIVE  PROPERTY/CASUALTY  INSURANCE  COMPANY  OPERATING  UNDER  OR
 SUBJECT   TO   ARTICLE   SIXTY-SIX   OF    THIS    CHAPTER,    NONPROFIT
 PROPERTY/CASUALTY   INSURANCE  COMPANY  ORGANIZED  PURSUANT  TO  ARTICLE
 SIXTY-SEVEN OF THIS CHAPTER, AND HEALTH MAINTENANCE ORGANIZATION  CERTI-
 S. 4007                            231                           A. 3007
 
 FIED  PURSUANT  TO ARTICLE FORTY-FOUR OF THE PUBLIC HEALTH LAW, WHICH IS
 NOT A MEMBER OF, OR PARTICIPANT IN,  THE  FUND  OR  CORPORATION  CREATED
 PURSUANT TO ARTICLE SEVENTY-FIVE OR SEVENTY-SEVEN OF THIS CHAPTER.
   (2)  "MEMBER INSURER" SHALL NOT INCLUDE A MUNICIPAL COOPERATIVE HEALTH
 BENEFIT PLAN ESTABLISHED PURSUANT TO ARTICLE FORTY-SEVEN OF  THIS  CHAP-
 TER,  AN  EMPLOYEE  WELFARE  FUND REGISTERED UNDER ARTICLE FORTY-FOUR OF
 THIS CHAPTER,  A  FRATERNAL  BENEFIT  SOCIETY  ORGANIZED  UNDER  ARTICLE
 FORTY-FIVE  OF  THIS  CHAPTER, AN INSTITUTION OF HIGHER EDUCATION WITH A
 CERTIFICATE OF AUTHORITY UNDER SECTION ONE THOUSAND ONE HUNDRED  TWENTY-
 FOUR  OF  THIS CHAPTER, OR A CONTINUING CARE RETIREMENT COMMUNITY WITH A
 CERTIFICATE OF AUTHORITY UNDER ARTICLE FORTY-SIX OR FORTY-SIX-A  OF  THE
 PUBLIC HEALTH LAW.
   (i) "Premiums"  means  direct gross insurance premiums and annuity and
 funding agreement considerations  received  on  covered  policies,  less
 return premiums and considerations thereon and dividends paid or credit-
 ed to policyholders OR CONTRACT HOLDERS on such direct business, subject
 to  such modifications as the superintendent may establish by regulation
 or order as necessary to facilitate the equitable administration of this
 article.   Premiums  do  not  include  premiums  and  considerations  on
 contracts between insurers and reinsurers. For the purposes of determin-
 ing  the  assessment for an insurer under this article, the term "premi-
 ums", with respect to a group annuity contract (or portion of  any  such
 contract) that does not guarantee annuity benefits to any specific indi-
 vidual identified in the contract and with respect to any funding agree-
 ment  issued to fund benefits under any employee benefit plan, means the
 lesser of one million  dollars  or  the  premium  attributable  to  that
 portion  of  such group contract that does not guarantee benefits to any
 specific individuals or such agreements that  fund  benefits  under  any
 employee benefit plan.
   (M)  "LONG-TERM  CARE  INSURANCE" MEANS AN INSURANCE POLICY, RIDER, OR
 CERTIFICATE ADVERTISED, MARKETED, OFFERED, OR DESIGNED TO PROVIDE COVER-
 AGE, SUBJECT TO ELIGIBILITY REQUIREMENTS, FOR NOT LESS THAN  TWENTY-FOUR
 CONSECUTIVE  MONTHS  FOR  EACH  COVERED  PERSON  ON AN EXPENSE INCURRED,
 INDEMNITY, PREPAID OR OTHER BASIS AND PROVIDES AT LEAST THE BENEFITS SET
 FORTH IN PART FIFTY-TWO OF TITLE ELEVEN OF THE OFFICIAL  COMPILATION  OF
 CODES, RULES AND REGULATIONS OF THIS STATE.
   § 7.  Subsection (a) of section 7706 of the insurance law, as added by
 chapter 802 of the laws of 1985, is amended to read as follows:
   (a)  There is created a not-for-profit corporation to be known as "The
 Life AND HEALTH Insurance Company Guaranty Corporation of New York".  To
 the  extent that the provisions of the not-for-profit corporation law do
 not conflict with the provisions of this article or the plan  of  opera-
 tion  of  the  corporation  hereunder the not-for-profit corporation law
 shall apply to the corporation and the corporation shall  be  a  type  C
 corporation pursuant to the not-for-profit corporation law. If an appli-
 cable  provision  of this article or the plan of operation of the corpo-
 ration hereunder relates to a matter embraced  in  a  provision  of  the
 not-for-profit  corporation  law  but is not in conflict therewith, both
 provisions shall apply. All member insurers shall be and remain  members
 of  the corporation as a condition of their authority to transact insur-
 ance in this state. The corporation shall perform  its  functions  under
 the plan of operation established and approved under section seven thou-
 sand  seven  hundred  ten  of this article and shall exercise its powers
 through a board of directors established under  section  seven  thousand
 seven  hundred seven of this article. For purposes of administration and
 assessment the corporation shall maintain two accounts:
 S. 4007                            232                           A. 3007
 
   (1) the health insurance account; and
   (2) the life insurance, annuity and funding agreement account.
   §  8. Subsection (d) of section 7707 of the insurance law, as added by
 chapter 802 of the laws of 1985, is amended to read as follows:
   (d) The superintendent shall be ex-officio  [chairman]  CHAIR  of  the
 board of directors but shall not be entitled to vote.
   §  9.  Paragraph  7 of subsection (h) of section 7708 of the insurance
 law, as amended by chapter 454 of the laws of 2014, is amended  to  read
 as follows:
   (7)  exercise,  for  the  purposes  of  this article and to the extent
 approved by the superintendent, the powers of a domestic  life,  HEALTH,
 OR  PROPERTY/CASUALTY  insurance  company, but in no case may the corpo-
 ration issue insurance policies OR CONTRACTS or annuity contracts  other
 than those issued to perform the contractual obligations of the impaired
 or insolvent insurer;
   §  10.  Paragraph 2 of subsection (c) of section 7709 of the insurance
 law, as added by chapter 802 of the laws of 1985, is amended to read  as
 follows:
   (2)  The  amount  of  any  class  B  or class C assessment, EXCEPT FOR
 ASSESSMENTS RELATED TO LONG-TERM CARE INSURANCE, shall be allocated  for
 assessment purposes among the accounts in the proportion that the premi-
 ums  received  by  the  impaired or insolvent insurer on the policies or
 contracts covered by each account for the last calendar  year  preceding
 the  assessment  in  which  the  impaired  or insolvent insurer received
 premiums bears to the premiums received by such insurer for such  calen-
 dar  year  on all covered policies. THE AMOUNT OF ANY CLASS B OR CLASS C
 ASSESSMENT FOR LONG-TERM CARE  INSURANCE  WRITTEN  BY  THE  IMPAIRED  OR
 INSOLVENT INSURER SHALL BE ALLOCATED ACCORDING TO A METHODOLOGY INCLUDED
 IN  THE PLAN OF OPERATION AND APPROVED BY THE SUPERINTENDENT.  THE METH-
 ODOLOGY SHALL PROVIDE FOR FIFTY PERCENT OF THE ASSESSMENT  TO  BE  ALLO-
 CATED  TO A HEALTH INSURANCE COMPANY MEMBER INSURER AND FIFTY PERCENT TO
 BE ALLOCATED TO A  LIFE  INSURANCE  COMPANY  MEMBER  INSURER;  PROVIDED,
 HOWEVER,  THAT  A PROPERTY/CASUALTY INSURER THAT WRITES HEALTH INSURANCE
 SHALL BE CONSIDERED A HEALTH INSURANCE COMPANY MEMBER FOR THIS  PURPOSE.
 Class B and class C assessments against member insurers for each account
 shall  be  in  the  proportion that the premiums received on business in
 this state by each assessed member insurer on policies covered  by  each
 account  for  the three calendar years preceding the assessment bears to
 such premiums received on business in this state for such calendar years
 by all assessed member insurers.
   § 11.  Subsection (a) of section 7712 of the insurance law,  as  added
 by chapter 802 of the laws of 1985, is amended to read as follows:
   (a) The superintendent shall annually, within six months following the
 close of each calendar year, furnish to the commissioner of taxation and
 finance  and  the  director of the division of the budget a statement of
 operations for the life insurance guaranty corporation and the life  AND
 HEALTH  insurance  company guaranty corporation of New York. Such state-
 ment shall show the assessments,  less  any  refunds  or  reimbursements
 thereof,  paid  by  each insurance company pursuant to the provisions of
 article seventy-five or section seven thousand  seven  hundred  nine  of
 this article, for the purposes of meeting the requirements of this chap-
 ter.  Each  statement, starting with the statement furnished in the year
 nineteen hundred eighty-six and ending with the statement  furnished  in
 the  year  two  thousand,  shall show the annual activity for every year
 commencing from nineteen hundred eighty-five through the  most  recently
 completed year. Each statement furnished in each year after the year two
 S. 4007                            233                           A. 3007
 
 thousand  shall  reflect  such  assessments  paid  during  the preceding
 fifteen calendar years. The superintendent shall also furnish a copy  of
 such statement to each such insurance company.
   §  12.  Subsections (a), (d), and (g) of section 7719 of the insurance
 law, as added by chapter 454 of the laws of 2014, are amended to read as
 follows:
   (a) The corporation may incorporate one or more not-for-profit  corpo-
 rations,  known  as a resolution facility, in connection with the liqui-
 dation of an insolvent domestic life insurance company, HEALTH INSURANCE
 COMPANY, OR PROPERTY/CASUALTY INSURANCE COMPANY under  article  seventy-
 four  of  this chapter for the purpose of administering and disposing of
 the business of the insolvent [domestic life] insurance company.
   (d) A resolution facility may:
   (1) guarantee,  assume,  or  reinsure,  or  cause  to  be  guaranteed,
 assumed,  or reinsured, the covered policies, or arrange for replacement
 by policies found by the superintendent to be substantially  similar  to
 the covered policies;
   (2)  exercise,  for  the  purposes  of  this article and to the extent
 approved by the superintendent, the powers of a domestic life  insurance
 company, HEALTH INSURANCE COMPANY, OR PROPERTY/CASUALTY INSURANCE COMPA-
 NY  but in no case may the resolution facility issue insurance policies,
 annuity contracts, funding agreements, or supplemental  contracts  other
 than those issued to perform the contractual obligations of the impaired
 or insolvent insurer;
   (3)  assure  payment  of  the contractual obligations of the insolvent
 insurer; and
   (4) provide such moneys, pledges, notes, guarantees, or other means as
 are reasonably necessary to discharge its duties.
   (g) (1) If the superintendent determines that the resolution  facility
 is  not  administering  and  disposing  of  the business of an insolvent
 domestic  life  insurance  company,   HEALTH   INSURANCE   COMPANY,   OR
 PROPERTY/CASUALTY  INSURANCE  COMPANY  consistent  with  the  resolution
 facility's certificate of incorporation,  plan  of  operation,  or  this
 section,  then the superintendent shall provide notice to the resolution
 facility and the resolution facility shall have thirty days  to  respond
 to the superintendent and cure the defect.
   (2)  If,  after  thirty  days, the superintendent continues to believe
 that the resolution facility is not administering and disposing  of  the
 business  of an insolvent domestic life insurance company, HEALTH INSUR-
 ANCE COMPANY, OR PROPERTY/CASUALTY INSURANCE COMPANY consistent with the
 resolution facility's certificate of incorporation, plan  of  operation,
 or  this  section, then the superintendent may apply to the court for an
 order directing the resolution facility to correct the  defect  or  take
 other appropriate actions.
   §  13.  The  insurance  law is amended by adding a new section 7720 to
 read as follows:
   § 7720. PENALTIES. (A) IF ANY MEMBER INSURER FAILS TO MAKE ANY PAYMENT
 REQUIRED BY THIS ARTICLE, OR IF THE SUPERINTENDENT HAS CAUSE TO  BELIEVE
 THAT ANY OTHER STATEMENT FILED IS FALSE OR INACCURATE IN ANY PARTICULAR,
 OR  THAT  ANY  PAYMENT MADE IS INCORRECT, THE SUPERINTENDENT MAY EXAMINE
 ALL THE BOOKS AND RECORDS OF THE MEMBER INSURER TO ASCERTAIN  THE  FACTS
 AND  DETERMINE THE CORRECT AMOUNT TO BE PAID. BASED ON SUCH FINDING, THE
 CORPORATION MAY PROCEED  IN  ANY  COURT  OF  COMPETENT  JURISDICTION  TO
 RECOVER  FOR  THE BENEFIT OF THE FUND ANY SUMS SHOWN TO BE DUE UPON SUCH
 EXAMINATION AND DETERMINATION.
 S. 4007                            234                           A. 3007
 
   (B) ANY MEMBER INSURER THAT FAILS TO MAKE ANY SUCH REQUIRED STATEMENT,
 OR TO MAKE ANY PAYMENT TO THE FUND WHEN DUE, SHALL FORFEIT TO THE CORPO-
 RATION FOR DEPOSIT IN THE FUND A PENALTY OF FIVE PERCENT OF  THE  AMOUNT
 DETERMINED  TO  BE DUE PLUS ONE PERCENT OF SUCH AMOUNT FOR EACH MONTH OF
 DELAY,  OR  FRACTION THEREOF, AFTER THE EXPIRATION OF THE FIRST MONTH OF
 SUCH DELAY. IF SATISFIED THAT THE DELAY WAS EXCUSABLE,  THE  CORPORATION
 MAY REMIT ALL OR ANY PART OF THE PENALTY.
   (C) THE SUPERINTENDENT, IN THE SUPERINTENDENT'S DISCRETION, MAY REVOKE
 THE CERTIFICATE OF AUTHORITY TO DO BUSINESS IN THIS STATE OF ANY FOREIGN
 MEMBER  INSURER  THAT  FAILS  TO  COMPLY WITH THIS ARTICLE OR TO PAY ANY
 PENALTY IMPOSED HEREUNDER.
   § 14. The insurance law is amended by adding a  new  section  3245  to
 read as follows:
   §  3245.  LIABILITY TO PROVIDERS IN THE EVENT OF AN INSOLVENCY. IN THE
 EVENT AN INSURANCE COMPANY AUTHORIZED  TO  DO  AN  ACCIDENT  AND  HEALTH
 INSURANCE  BUSINESS  IN  THIS  STATE IS DEEMED INSOLVENT, AS PROVIDED IN
 SECTION ONE THOUSAND THREE HUNDRED NINE  OF  THIS  CHAPTER,  NO  INSURED
 COVERED UNDER A POLICY DELIVERED OR ISSUED FOR DELIVERY IN THIS STATE BY
 THE  INSURANCE  COMPANY  SHALL  BE LIABLE TO ANY PROVIDER OF HEALTH CARE
 SERVICES FOR ANY COVERED SERVICES OF THE INSOLVENT INSURANCE COMPANY. NO
 PROVIDER OF HEALTH CARE SERVICES OR ANY REPRESENTATIVE OF SUCH  PROVIDER
 SHALL  COLLECT  OR ATTEMPT TO COLLECT FROM THE INSURED SUMS OWED BY SUCH
 INSURANCE COMPANY, AND NO PROVIDER OR REPRESENTATIVE  OF  SUCH  PROVIDER
 MAY  MAINTAIN  ANY ACTION AT LAW AGAINST AN INSURED TO COLLECT SUMS OWED
 TO SUCH PROVIDER BY SUCH INSURANCE COMPANY.
   § 15. This act shall take effect immediately.
   § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
 sion, section or part of this act shall be  adjudged  by  any  court  of
 competent  jurisdiction  to  be invalid, such judgment shall not affect,
 impair, or invalidate the remainder thereof, but shall  be  confined  in
 its  operation  to the clause, sentence, paragraph, subdivision, section
 or part thereof directly involved in the controversy in which such judg-
 ment shall have been rendered. It is hereby declared to be the intent of
 the legislature that this act would  have  been  enacted  even  if  such
 invalid provisions had not been included herein.
   §  3.  This act shall take effect immediately; provided, however, that
 the applicable effective date of Subparts A through D of this act  shall
 be as specifically set forth in the last section of such Subparts.

                                  PART Z
 
   Section  1.  Subdivisions 7 and 8 of section 4656 of the public health
 law, as added by chapter 2 of the laws of 2004, are renumbered  subdivi-
 sions 8 and 9 and a new subdivision 7 is added to read as follows:
   7.  ASSISTED  LIVING  QUALITY  IMPROVEMENT STANDARDS. (A) ALL ASSISTED
 LIVING RESIDENCES, AS DEFINED IN SUBDIVISION ONE  OF  SECTION  FORTY-SIX
 HUNDRED  FIFTY-ONE  OF THIS ARTICLE, INCLUDING THOSE LICENSED AND CERTI-
 FIED AS AN ASSISTED LIVING  RESIDENCE,  SPECIAL  NEEDS  ASSISTED  LIVING
 RESIDENCE, OR ENHANCED ASSISTED LIVING RESIDENCE, SHALL:
   (I)  REPORT  ANNUALLY  ON  QUALITY  MEASURES  TO BE ESTABLISHED BY THE
 DEPARTMENT, IN THE FORM AND FORMAT PRESCRIBED BY  THE  DEPARTMENT,  WITH
 THE  FIRST  REPORT  DUE NO LATER THAN JANUARY THIRTY-FIRST, TWO THOUSAND
 TWENTY-FOUR; AND
   (II) POST THE MONTHLY  SERVICE  RATE,  STAFFING  COMPLEMENT,  APPROVED
 ADMISSION OR RESIDENCY AGREEMENT, AND A CONSUMER-FRIENDLY SUMMARY OF ALL
 SERVICE  FEES  IN A CONSPICUOUS PLACE ON THE FACILITY'S WEBSITE AND IN A
 S. 4007                            235                           A. 3007
 
 PUBLIC SPACE WITHIN THE FACILITY. SUCH INFORMATION SHALL BE MADE  AVAIL-
 ABLE  TO  THE  PUBLIC ON FORMS DEVELOPED BY THE DEPARTMENT. BEGINNING ON
 JANUARY FIRST, TWO THOUSAND TWENTY-FOUR, THIS INFORMATION SHALL ALSO  BE
 REPORTED TO THE DEPARTMENT.
   (B)  THE  DEPARTMENT  SHALL  SCORE  THE RESULTS OF THE ASSISTED LIVING
 QUALITY REPORTING OBTAINED PURSUANT TO PARAGRAPH (A)  OF  THIS  SUBDIVI-
 SION.  TOP  SCORING  FACILITIES  SHALL  BE GRANTED THE CLASSIFICATION OF
 ADVANCED STANDING ON THEIR ANNUAL SURVEILLANCE SCHEDULES.
   (I) NOTWITHSTANDING SUBPARAGRAPH ONE OF PARAGRAPH (A)  OF  SUBDIVISION
 TWO  OF  SECTION  FOUR  HUNDRED  SIXTY-ONE-A OF THE SOCIAL SERVICES LAW,
 FACILITIES  ACHIEVING  AN  ADVANCED  STANDING  CLASSIFICATION  SHALL  BE
 SURVEYED EVERY TWELVE TO EIGHTEEN MONTHS.  ALL OTHER FACILITIES SHALL BE
 SURVEYED ON AN UNANNOUNCED BASIS NO LESS THAN ANNUALLY; PROVIDED, HOWEV-
 ER,  THAT THIS SHALL NOT APPLY TO SURVEYS, INSPECTIONS OR INVESTIGATIONS
 BASED ON COMPLAINTS RECEIVED BY THE DEPARTMENT UNDER ANY OTHER PROVISION
 OF LAW.
   (II)  FACILITIES  MAY  REMAIN  ON  ADVANCED  STANDING   CLASSIFICATION
 PROVIDED  THEY  MEET THE SCORING REQUIREMENTS IN ASSISTED LIVING QUALITY
 REPORTING.
   (C) (I) EFFECTIVE JANUARY THIRTY-FIRST, TWO THOUSAND TWENTY-FOUR,  THE
 DEPARTMENT  MAY  POST  ON ITS WEBSITE THE RESULTS OF THE ASSISTED LIVING
 QUALITY REPORTING, COLLECTED PURSUANT TO SUBPARAGRAPH (I)  OF  PARAGRAPH
 (A) OF THIS SUBDIVISION.
   § 2. Subparagraph 1 of paragraph (a) of subdivision 2 of section 461-a
 of  the  social  services  law, as amended by chapter 735 of the laws of
 1994, is amended and a new  subparagraph  (1-a)  is  added  to  read  as
 follows:
   (1) Such facilities receiving the department's highest rating shall be
 inspected  at  least once every eighteen months on an unannounced basis.
 SUCH RATING DETERMINATION SHALL BE MADE PURSUANT  TO  AN  EVALUATION  OF
 QUALITY  INDICATORS  AS DEVELOPED BY THE DEPARTMENT AND PUBLISHED ON THE
 DEPARTMENT'S WEBSITE.
   (1-A) (I) ADULT CARE FACILITIES DUALLY LICENSED  TO  PROVIDE  ASSISTED
 LIVING  PURSUANT  TO  THE  REQUIREMENTS  SPECIFIED  IN SECTION FORTY-SIX
 HUNDRED FIFTY-THREE OF THE PUBLIC HEALTH LAW MAY SEEK  ACCREDITATION  BY
 ONE OR MORE NATIONALLY RECOGNIZED ACCREDITING AGENCIES DETERMINED BY THE
 COMMISSIONER.
   (II) SUCH ACCREDITATION AGENCIES SHALL REPORT DATA AND INFORMATION, IN
 A  MANNER  AND FORM AS DETERMINED BY THE DEPARTMENT, PERTAINING TO THOSE
 ASSISTED LIVING RESIDENCES ACCREDITED BY SUCH AGENCIES,  THOSE  ASSISTED
 LIVING  RESIDENCES  THAT SEEK BUT DO NOT RECEIVE SUCH ACCREDITATION, AND
 THOSE ASSISTED LIVING RESIDENCES WHICH OBTAIN  BUT  LOSE  SUCH  ACCREDI-
 TATION.
   (III) NOTWITHSTANDING THE PROVISIONS OF SUBPARAGRAPH ONE OF THIS PARA-
 GRAPH,  OR  ANY OTHER PROVISION OF LAW, ASSISTED LIVING RESIDENCES WHICH
 HAVE OBTAINED ACCREDITATION FROM A NATIONALLY  RECOGNIZED  ACCREDITATION
 ORGANIZATION  APPROVED  BY  THE  DEPARTMENT  AND  WHICH MEET ELIGIBILITY
 CRITERIA, AS DETERMINED BY THE DEPARTMENT, MAY, AT THE DISCRETION OF THE
 COMMISSIONER, BE EXEMPT FROM  DEPARTMENT  INSPECTION  REQUIRED  IN  THIS
 SUBDIVISION  FOR  THE DURATION THEY MAINTAIN THEIR ACCREDITATION IN GOOD
 STANDING. THE OPERATOR OF AN ADULT CARE FACILITY THAT OBTAINS BUT SUBSE-
 QUENTLY LOSES ACCREDITATION SHALL REPORT SUCH  LOSS  TO  THE  DEPARTMENT
 WITHIN  TEN BUSINESS DAYS IN A MANNER AND FORM DETERMINED BY THE DEPART-
 MENT AND WILL  NO  LONGER  BE  EXEMPT  FROM  THE  DEPARTMENT  INSPECTION
 REQUIRED IN THIS SUBDIVISION. THE DEPARTMENT SHALL POST ON ITS WEBSITE A
 LIST OF ALL ACCREDITED ASSISTED LIVING RESIDENCES.
 S. 4007                            236                           A. 3007
 
   § 3. This act shall take effect on the one hundred twentieth day after
 it shall have become a law.
 
                                  PART AA
 
   Section  1. Section 3 of chapter 425 of the laws of 2013, amending the
 public health law relating to requiring hospitals to offer  hepatitis  C
 testing,  as  amended  by chapter 284 of the laws of 2019, is amended to
 read as follows:
   § 3. This act shall take effect on the first of January next  succeed-
 ing  the  date on which it shall have become a law [and shall expire and
 be deemed repealed January 1, 2026; provided, however, that the  commis-
 sioner  of health is authorized to adopt rules and regulations necessary
 to implement this act prior to such effective date].
   § 2. Subdivisions 1 and 2 of section 2171 of the public health law, as
 added by chapter 425 of the  laws  of  2013,  are  amended  to  read  as
 follows:
   1.  Every  individual  [born  between  the  years  of nineteen hundred
 forty-five and nineteen hundred sixty-five] AGE EIGHTEEN AND  OLDER  (OR
 YOUNGER  THAN EIGHTEEN IF THERE IS EVIDENCE OR INDICATION OF RISK ACTIV-
 ITY) who receives health services as an inpatient OR  in  THE  EMERGENCY
 DEPARTMENT  OF  a general hospital defined in subdivision ten of section
 twenty-eight hundred one of this chapter or who  receives  primary  care
 services in an outpatient department of such hospital or in a diagnostic
 and treatment center licensed under article twenty-eight of this chapter
 or  from  a  physician,  physician assistant [or], nurse practitioner OR
 MIDWIFE providing primary care shall be offered a hepatitis C  screening
 test [or hepatitis C diagnostic test] unless the health care practition-
 er providing such services reasonably believes that:
   (a)  the individual is being treated for a life threatening emergency;
 or
   (b) the individual has previously been offered or has been the subject
 of a hepatitis C screening test (except that a test shall be offered  if
 otherwise indicated); or
   (c)  the individual lacks capacity to consent to a hepatitis C screen-
 ing test.
   2. If an individual accepts the offer of a hepatitis C screening  test
 and  the  screening  test  is  reactive,  [the]  AN HCV RNA TEST MUST BE
 PERFORMED, ON THE SAME SPECIMEN OR A SECOND SPECIMEN  COLLECTED  AT  THE
 SAME TIME AS THE INITIAL HCV SCREENING TEST SPECIMEN, TO CONFIRM DIAGNO-
 SIS  OF  CURRENT  INFECTION. THE health care provider shall either offer
 [the individual] ALL PERSONS WITH A DETECTABLE HCV  RNA  TEST  follow-up
 HCV  health  care AND TREATMENT or refer the individual to a health care
 provider who can provide follow-up HCV health care AND TREATMENT.   [The
 follow-up health care shall include a hepatitis C diagnostic test.]
   §  3.  The public health law is amended by adding a new section 2500-l
 to read as follows:
   § 2500-L. PREGNANT PEOPLE, BLOOD TEST FOR  HEPATITIS  C  VIRUS  (HCV);
 FOLLOW-UP  CARE.    1.  EVERY PHYSICIAN OR OTHER AUTHORIZED PRACTITIONER
 ATTENDING A PREGNANT PERSON IN THE STATE SHALL ORDER A HEPATITIS C VIRUS
 (HCV) SCREENING TEST AND IF THE TEST IS REACTIVE, AN HCV RNA  TEST  MUST
 BE PERFORMED ON THE SAME SPECIMEN, OR A SECOND SPECIMEN COLLECTED AT THE
 SAME TIME AS THE INITIAL HCV SCREENING TEST SPECIMEN, TO CONFIRM DIAGNO-
 SIS  OF  CURRENT  INFECTION. THE HEALTH CARE PROVIDER SHALL EITHER OFFER
 ALL PERSONS WITH A DETECTABLE HCV RNA TEST FOLLOW-UP HCV HEALTH CARE AND
 S. 4007                            237                           A. 3007
 
 TREATMENT OR REFER THE INDIVIDUAL TO A  HEALTH  CARE  PROVIDER  WHO  CAN
 PROVIDE FOLLOW-UP HCV HEALTH CARE AND TREATMENT.
   2. THE PHYSICIAN OR OTHER AUTHORIZED PRACTITIONER ATTENDING A PREGNANT
 PERSON  SHALL  RECORD  THE  HCV TEST RESULTS PROMINENTLY IN THE PREGNANT
 PERSON'S MEDICAL RECORD AT OR BEFORE THE TIME OF HOSPITAL ADMISSION  FOR
 DELIVERY.
   3.  THE  COMMISSIONER MAY PROMULGATE SUCH RULES AND REGULATIONS AS ARE
 NECESSARY TO CARRY OUT THE REQUIREMENTS OF THIS SECTION.
   § 4. The section heading of section 2308 of the public health law,  as
 amended  by  section  37 of part E of chapter 56 of the laws of 2013, is
 amended to read as follows:
   Sexually transmitted disease; pregnant [women] PERSONS; blood test for
 syphilis.
   § 5. Subdivision 1 of section 2308 of the public health law is amended
 to read as follows:
   1. Every physician OR OTHER AUTHORIZED PRACTITIONER attending pregnant
 [women] PERSONS in the state shall in the case of every  [woman]  PERSON
 so  attended take or cause to be taken a sample of blood of such [woman]
 PERSON at the time of first examination, and submit such  sample  to  an
 approved  laboratory  for  a standard serological test for syphilis.  IN
 ADDITION TO TESTING AT THE TIME OF FIRST EXAMINATION, EVERY SUCH  PHYSI-
 CIAN OR OTHER AUTHORIZED PRACTITIONER SHALL ORDER A SYPHILIS TEST DURING
 THE  THIRD TRIMESTER OF PREGNANCY CONSISTENT WITH ANY GUIDANCE AND REGU-
 LATIONS ISSUED BY THE COMMISSIONER.
   § 6. This act shall take effect immediately;  provided,  however  that
 sections  two,  three, four and five shall take effect one year after it
 shall have become a law. Effective immediately, the addition,  amendment
 and/or repeal of any rule or regulation necessary for the implementation
 of  this  act  on  its  effective  date  are  authorized  to be made and
 completed on or before such effective date.
 
                                  PART BB
 
   Section 1.  Paragraphs 59 and 61 of subdivision (b) of schedule  I  of
 section  3306 of the public health law, as added by section 2 of part CC
 of chapter 56 of the laws of 2020, are amended and 30 new paragraphs 71,
 72, 73, 74, 75, 76, 77, 78, 79, 80, 81, 82, 83, 84, 85, 86, 87, 88,  89,
 90,  91,  92,  93,  94,  95, 96, 97, 98, 99 and 100 are added to read as
 follows:
   (59) [N-{1-{2-hydroxy-2-(thiophen-2-yl)ethyl}piperidin-4-yl}-N-phenylp-
 ropionamide]   N-{1-{2-HYDROXY-2-(THIOPHEN-2-YL)ETHYL}PIPERIDIN-4-YL}-N-
 PHENYL PROPIONAMIDE. Other name:  Beta-Hydroxythiofentanyl.
   (61)  [3,4-Dichloro-N-{2-(dimethylamino)cyclohexyl}-N-methylbenzamide]
 3,4-DICHLORO-N-{2-(DIMETHYLAMINO)CYCLOHEXYL}-N-METHYLBENZAMIDE.    Other
 name: U-47700.
    (71)  N-(1-PHENETHYLPIPERIDIN-4-YL)-N-PHENYLPENTANAMIDE.  OTHER NAME:
 VALERYL FENTANYL.
   (72)      N-(4-METHOXYPHENYL)-N-(1-PHENETHYLPIPERIDIN-4-YL)BUTYRAMIDE.
 OTHER NAME: PARA-METHOXYBUTYRYL FENTANYL.
   (73)    N-(4-CHLOROPHENYL)-N-(1-PHENETHYLPIPERIDIN-4-YL)ISOBUTYRAMIDE.
 OTHER NAME: PARA-CHLOROISOBUTYRYL FENTANYL.
   (74) N-(1-PHENETHYLPIPERIDIN-4-YL)-N-PHENYLISOBUTYRAMIDE.  OTHER NAME:
 ISOBUTYRYL FENTANYL.
   (75)    N-(1-PHENETHYLPIPERIDIN-4-YL)-N-PHENYLCYCLOPENTANECARBOXAMIDE.
 OTHER NAME: CYCLOPENTYL FENTANYL.
 S. 4007                            238                           A. 3007
 
   (76)  (E)-N-(1-PHENETHYLPIPERIDIN-4-YL)-N-PHENYLBUT-2-ENAMIDE.   OTHER
 NAME: CROTONYL FENTANYL.
   (77)        N-(1-(2-FLUOROPHENETHYL)PIPERIDIN-4-YL)-N-(2-FLUOROPHENYL)
 PROPIONAMIDE. OTHER  NAMES:  2'-FLUORO  ORTHO-FLUOROFENTANYL;  2'-FLUORO
 2-FLUOROFENTANYL.
   (78) N-(2-METHYLPHENYL)-N-(1-PHENETHYLPIPERIDIN-4-YL)ACETAMIDE.  OTHER
 NAMES:  ORTHO-METHYL ACETYLFENTANYL; 2-METHYL ACETYLFENTANYL.
   (79)  N-(1-PHENETHYLPIPERIDIN-4-YL)-N,  3-DIPHENYLPROPANAMIDE.   OTHER
 NAMES:   BETA'-PHENYL FENTANYL; BETA'-PHENYL FENTANYL; 3-PHENYLPROPANOYL
 FENTANYL.
   (80)    N-(1-PHENETHYLPIPERIDIN-4-YL)-N-PHENYLTHIOPHENE-2-CARBOXAMIDE.
 OTHER  NAMES:    THIOFURANYL FENTANYL; 2-THIOFURANYL FENTANYL; THIOPHENE
 FENTANYL.
   (81) N-PHENYL-N-(1-(2-PHENYLPROPYL)PIPERIDIN-4-YL)PROPIONAMIDE.  OTHER
 NAMES: BETA-METHYL FENTANYL; BETA-METHYL FENTANYL.
   (82) N-(2-FLUOROPHENYL)-N-(1-PHENETHYLPIPERIDIN-4-YL)BUTYRAMIDE.
 OTHER NAMES: ORTHO-FLUOROBUTYRYL FENTANYL; 2-FLUOROBUTYRYL FENTANYL.
   (83)  N-(1-(4-METHYLPHENETHYL)PIPERIDIN-4-YL)-N-PHENYLACETAMIDE. OTHER
 NAME: 4'-METHYL ACETYL FENTANYL.
   (84) 2-METHOXY-N-(2-METHYLPHENYL)-N-(1-PHENETHYLPIPERIDIN-4-YL)ACETAMIDE.
 OTHER NAMES: ORTHO-METHYL METHOXYACETYLFENTANYL; 2-METHYL  METHOXYACETYL
 FENTANYL.
   (85) N-(4-METHYLPHENYL)-N-(1-PHENETHYLPIPERIDIN-4-YL)PROPIONAMIDE.
 OTHER NAMES: PARA-METHYLFENTANYL; 4-METHYLFENTANYL.
   (86)   N-(1-PHENETHYLPIPERIDIN-4-YL)-N-PHENYLBENZAMIDE.  OTHER  NAMES:
 PHENYL FENTANYL; BENZOYL FENTANYL.
   (87) ETHYL (1-PHENETHYLPIPERIDIN-4-YL)(PHENYL)CARBAMATE.  OTHER  NAME:
 FENTANYL CARBAMATE.
   (88) N-(2-FLUOROPHENYL)-N-(1-PHENETHYLPIPERIDIN-4-YL)ACRYLAMIDE.
 OTHER NAME: ORTHO-FLUOROACRYL FENTANYL.
   (89) N-(2-FLUOROPHENYL)-N-(1-PHENETHYLPIPERIDIN-4-YL)ISOBUTYRAMIDE.
 OTHER NAME: ORTHO-FLUOROISOBUTYRYL FENTANYL.
   (90) N-(4-FLUOROPHENYL)-N-(1-PHENETHYLPIPERIDIN-4-YL)FURAN-2-CARBOXAMIDE.
 OTHER NAME: PARA-FLUORO FURANYL FENTANYL.
   (91) N,N-DIETHYL-2-(2-(4-ISOPROPOXYBENZYL)-5-NITRO-1H-BENZIMIDAZOL-1-YL)
 ETHAN-1-AMINE. OTHER NAME: ISOTONITAZENE.
   (92) 1-(1-(1-(4-BROMOPHENYL)ETHYL)PIPERIDIN-4-YL)-1,3-DIHYDRO-2H-
 BENZO[d]IMIDAZOL-2-ONE. OTHER NAMES:  BRORPHINE; 1-[1-[1-(4-bromophenyl)
 ethyl]-4-piperidinyl]-1,3-DIHYDRO-2H-BENZIMIDAZOL-2-ONE.
   (93) 2-(2-(4-BUTOXYBENZYL)-5-NITRO-1H-BENZIMIDAZOL-1-YL)-N,N-DIETHYLETHAN
 -1-AMINE. OTHER NAME: BUTONITAZENE.
   (94) 2-(2-(4-ETHOXYBENZYL)-1H-BENZIMIDAZOL-1-YL)-N,N-DIETHYLETHAN-1-AMINE.
 OTHER NAMES: ETODESNITAZENE; ETAZENE.
   (95) N,N-DIETHYL-2-(2-(4-FLUOROBENZYL)-5-NITRO-1H-BENZIMIDAZOL-1-YL)ETHAN-
 1-AMINE. OTHER NAME: FLUNITAZENE.
   (96) N,N-DIETHYL-2-(2-(4-METHOXYBENZYL)-1H-BENZIMIDAZOL-1-YL)ETHAN-1-
 AMINE. OTHER NAME: METODESNITAZENE.
   (97) N,N-DIETHYL-2-(2-(4-METHOXYBENZYL)-5-NITRO-1H-BENZIMIDAZOL-1-YL)
 ETHAN-1-AMINE. OTHER NAME: METONITAZENE.
   (98) 2-(4-ETHOXYBENZYL)-5-NITRO-1-(2-(PYRROLIDIN-1-YL)ETHYL)-1H-
 BENZIMIDAZOLE. OTHER NAMES: N-PYRROLIDINO ETONITAZENE; ETONITAZEPYNE.
   (99) N,N-DIETHYL-2-(5-NITRO-2-(4-PROPOXYBENZYL)-1H-BENZIMIDAZOL-1-YL)
 ETHAN-1-AMINE. OTHER NAME: PROTONITAZENE.
   (100)  FENTANYL-RELATED  SUBSTANCES,  THEIR  ISOMERS,  ESTERS, ETHERS,
 SALTS AND SALTS OF ISOMERS, ESTERS AND ETHERS.
 S. 4007                            239                           A. 3007
 
   (I) FENTANYL-RELATED SUBSTANCE MEANS ANY SUBSTANCE NOT OTHERWISE LIST-
 ED UNDER ANOTHER ADMINISTRATION CONTROLLED SUBSTANCE  CODE  NUMBER,  AND
 FOR WHICH NO EXEMPTION OR APPROVAL IS IN EFFECT UNDER SECTION 505 OF THE
 FEDERAL  FOOD,  DRUG,  AND  COSMETIC ACT (21 U.S.C. 355), THAT IS STRUC-
 TURALLY  RELATED  TO  FENTANYL BY ONE OR MORE OF THE FOLLOWING MODIFICA-
 TIONS:
   (A) REPLACEMENT OF THE PHENYL PORTION OF THE PHENETHYL  GROUP  BY  ANY
 MONOCYCLE, WHETHER OR NOT FURTHER SUBSTITUTED IN OR ON THE MONOCYCLE;
   (B)  SUBSTITUTION  IN  OR  ON THE PHENETHYL GROUP WITH ALKYL, ALKENYL,
 ALKOXYL, HYDROXYL, HALO, HALOALKYL, AMINO OR NITRO GROUPS;
   (C) SUBSTITUTION IN OR ON THE PIPERIDINE  RING  WITH  ALKYL,  ALKENYL,
 ALKOXYL, ESTER, ETHER, HYDROXYL, HALO, HALOALKYL, AMINO OR NITRO GROUPS;
   (D) REPLACEMENT OF THE ANILINE RING WITH ANY AROMATIC MONOCYCLE WHETH-
 ER OR NOT FURTHER SUBSTITUTED IN OR ON THE AROMATIC MONOCYCLE; AND/OR
   (E) REPLACEMENT OF THE N-PROPIONYL GROUP BY ANOTHER ACYL GROUP.
   (II)  THIS  DEFINITION  INCLUDES, BUT IS NOT LIMITED TO, THE FOLLOWING
 SUBSTANCES:
   (A)-(B) [Reserved]
   § 2. Paragraph 3 of subdivision (g) of schedule II of section 3306  of
 the public health law, as added by section 7 of part C of chapter 447 of
 the laws of 2012, is amended to read as follows:
   (3) Immediate precursor to fentanyl:
   (i)  [4-anilino-N-phenethyl-4-piperidine  (ANPP)]  4-ANILINO-N-PHENEN-
 ETHYLPIPERIDINE (ANPP).
   (II) N-PHENYL-N-(PIPERIDIN-4-YL)PROPIONAMIDE (NORFENTANYL).
   § 3. Paragraph c of subdivision 1 of section 3383 of the public health
 law, as added by chapter 494 of the laws of 1982, is amended to read  as
 follows:
   c. "Imitation controlled substance" means: (1) a substance, other than
 a  drug  for  which  a  prescription is required pursuant to article one
 hundred thirty-seven of the education law,  that  is  not  a  controlled
 substance,  which  by dosage unit appearance, including color, shape and
 size  and  by  a  representation  is  represented  to  be  a  controlled
 substance,  as  defined in the penal law; OR (2) A CONTROLLED SUBSTANCE,
 WHICH BY DOSAGE UNIT APPEARANCE, INCLUDING COLOR, SHAPE AND SIZE AND  BY
 A  REPRESENTATION IS REPRESENTED TO BE A DIFFERENT CONTROLLED SUBSTANCE,
 AS DEFINED IN THE  PENAL  LAW.  Evidence  of  representations  that  the
 substance  is  a  controlled substance may include but is not limited to
 oral or written representations by the manufacturer or  seller,  as  the
 case may be, about the substance with regard to:
   (i) its price, nature, use or effect as a controlled substance; or
   (ii)  its  packaging  in a manner normally used for illicit controlled
 substances; or
   (iii) markings on the substance; OR
   (IV) HAVING BEEN PRESCRIBED OR PROVIDED BY A PHARMACIST OR HEALTH CARE
 PRACTITIONER.
   § 4. Subdivision 7 of  section  3383  of  the  public  health  law  is
 REPEALED and subdivision 8 is renumbered subdivision 7.
   §  5.  Subdivision  21  of section 10.00 of the penal law, as added by
 chapter 1 of the laws of 2013, is amended to read as follows:
   21. "Drug trafficking felony" means  any  of  the  following  offenses
 defined  in article two hundred twenty of this chapter: violation of use
 of a child to commit  a  controlled  substance  offense  as  defined  in
 section  220.28;  criminal  sale of a controlled substance in the fourth
 degree as defined in section  220.34;  criminal  sale  of  a  controlled
 substance  in  the  third  degree as defined in section 220.39; criminal
 S. 4007                            240                           A. 3007
 
 sale of a controlled substance  in  the  second  degree  as  defined  in
 section  220.41;  criminal  sale  of a controlled substance in the first
 degree as defined in section  220.43;  criminal  sale  of  a  controlled
 substance in or near school grounds as defined in section 220.44; unlaw-
 ful  manufacture  of  methamphetamine in the second degree as defined in
 section 220.74; unlawful manufacture of  methamphetamine  in  the  first
 degree  as defined in section 220.75; or operating as a major trafficker
 as defined in section 220.77; CRIMINAL SALE OF AN  IMITATION  CONTROLLED
 SUBSTANCE  IN  THE  FIFTH  DEGREE AS DEFINED IN SECTION 220.83; CRIMINAL
 SALE OF AN IMITATION CONTROLLED SUBSTANCE IN THE THIRD DEGREE AS DEFINED
 IN  SECTION  220.84;  AND  CRIMINAL  SALE  OF  AN  IMITATION  CONTROLLED
 SUBSTANCE IN THE FIRST DEGREE AS DEFINED IN SECTION 220.85.
   §  6. Paragraphs (a) and (b) of subdivision 1 of section 460.10 of the
 penal law, paragraph (a) as amended by chapter 134 of the laws  of  2019
 and  paragraph  (b)  as  amended by chapter 442 of the laws of 2006, are
 amended to read as follows:
   (a) Any of the felonies set forth in this  chapter:  sections  120.05,
 120.10 and 120.11 relating to assault; sections 121.12 and 121.13 relat-
 ing  to  strangulation;  sections 125.10 to 125.27 relating to homicide;
 sections 130.25, 130.30 and 130.35 relating to rape; sections 135.20 and
 135.25 relating to kidnapping; sections 135.35 and  135.37  relating  to
 labor trafficking; section 135.65 relating to coercion; sections 140.20,
 140.25  and  140.30  relating  to  burglary; sections 145.05, 145.10 and
 145.12 relating to criminal mischief; article one hundred fifty relating
 to arson; sections 155.30, 155.35, 155.40 and 155.42 relating  to  grand
 larceny;  sections  177.10, 177.15, 177.20 and 177.25 relating to health
 care fraud; article one hundred  sixty  relating  to  robbery;  sections
 165.45,  165.50,  165.52  and  165.54 relating to criminal possession of
 stolen property; sections 165.72 and 165.73 relating to trademark  coun-
 terfeiting;  sections 170.10, 170.15, 170.25, 170.30, 170.40, 170.65 and
 170.70 relating to forgery; sections 175.10, 175.25, 175.35, 175.40  and
 210.40 relating to false statements; sections 176.15, 176.20, 176.25 and
 176.30  relating to insurance fraud; sections 178.20 and 178.25 relating
 to criminal diversion of  prescription  medications  and  prescriptions;
 sections 180.03, 180.08, 180.15, 180.25, 180.40, 180.45, 200.00, 200.03,
 200.04,  200.10, 200.11, 200.12, 200.20, 200.22, 200.25, 200.27, 200.56,
 215.00, 215.05 and 215.19 relating to bribery; sections 187.10,  187.15,
 187.20  and  187.25  relating  to  residential  mortgage fraud, sections
 190.40 and 190.42 relating to criminal usury; section 190.65 relating to
 schemes to defraud; any felony defined in article four  hundred  ninety-
 six;  sections  205.60  and  205.65  relating  to hindering prosecution;
 sections 210.10, 210.15, and 215.51 relating to  perjury  and  contempt;
 section  215.40  relating  to tampering with physical evidence; sections
 220.06, 220.09, 220.16, 220.18, 220.21, 220.31, 220.34, 220.39,  220.41,
 220.43, 220.46, 220.55, 220.60, 220.65 and 220.77 relating to controlled
 substances;  sections  225.10  and 225.20 relating to gambling; sections
 230.25, 230.30, and 230.32 relating to promoting  prostitution;  section
 230.34  relating  to  sex  trafficking; section 230.34-a relating to sex
 trafficking of a child;  sections  235.06,  235.07,  235.21  and  235.22
 relating  to obscenity; sections 263.10 and 263.15 relating to promoting
 a sexual performance  by  a  child;  sections  265.02,  265.03,  265.04,
 265.11,  265.12,  265.13  and  the  provisions  of  section 265.10 which
 constitute a felony relating to firearms and  other  dangerous  weapons;
 sections  265.14  and  265.16  relating  to  criminal sale of a firearm;
 section 265.50 relating to the criminal manufacture, sale  or  transport
 of  an  undetectable  firearm, rifle or shotgun; section 275.10, 275.20,
 S. 4007                            241                           A. 3007
 
 275.30, or 275.40 relating to unauthorized recordings; SECTIONS  220.82,
 220.83,  220.84  AND 220.85 RELATING TO IMITATION CONTROLLED SUBSTANCES;
 and sections 470.05, 470.10, 470.15 and 470.20 relating to  money  laun-
 dering; or
   (b)  Any  felony  set  forth  elsewhere  in the laws of this state and
 defined by the tax law relating to alcoholic beverage, cigarette,  gaso-
 line  and  similar motor fuel taxes; article seventy-one of the environ-
 mental conservation law relating to water pollution, hazardous waste  or
 substances  hazardous or acutely hazardous to public health or safety of
 the environment; article twenty-three-A  of  the  general  business  law
 relating  to  prohibited acts concerning stocks, bonds and other securi-
 ties, article twenty-two of the general business law concerning  monopo-
 lies;  ARTICLE  THIRTY-THREE  OF  THE  PUBLIC  HEALTH  LAW  RELATING  TO
 CONTROLLED SUBSTANCES OR IMITATION CONTROLLED SUBSTANCES.
   § 7. Paragraph (c) of subdivision 8 of section 700.05 of the  criminal
 procedure  law, as amended by chapter 92 of the laws of 2021, is amended
 and a new paragraph (w) is added to read as follows:
   (c) Criminal possession of  a  controlled  substance  in  the  seventh
 degree  as  defined  in  section  220.03  of  the  penal  law,  criminal
 possession of a controlled substance in the fifth degree as  defined  in
 section  220.06  of  the  penal law, criminal possession of a controlled
 substance in the fourth degree as defined in section 220.09 of the penal
 law, criminal possession of a controlled substance in the  third  degree
 as  defined in section 220.16 of the penal law, criminal possession of a
 controlled substance in the second degree as defined in  section  220.18
 of  the  penal law, criminal possession of a controlled substance in the
 first degree as defined in section 220.21 of  the  penal  law,  criminal
 sale of a controlled substance in the fifth degree as defined in section
 220.31  of the penal law, criminal sale of a controlled substance in the
 fourth degree as defined in section 220.34 of the  penal  law,  criminal
 sale of a controlled substance in the third degree as defined in section
 220.39  of the penal law, criminal sale of a controlled substance in the
 second degree as defined in section 220.41 of the  penal  law,  criminal
 sale of a controlled substance in the first degree as defined in section
 220.43  of  the penal law, criminally possessing a hypodermic instrument
 as defined in section 220.45 of  the  penal  law,  criminal  sale  of  a
 prescription  for  a controlled substance or a controlled substance by a
 practitioner or pharmacist as defined in section  220.65  of  the  penal
 law,  criminal  possession  of methamphetamine manufacturing material in
 the second degree as defined in section 220.70 of the penal law,  crimi-
 nal  possession  of  methamphetamine manufacturing material in the first
 degree  as  defined  in  section  220.71  of  the  penal  law,  criminal
 possession of precursors of methamphetamine as defined in section 220.72
 of  the  penal law, unlawful manufacture of methamphetamine in the third
 degree as defined in section 220.73 of the penal law, unlawful  manufac-
 ture  of  methamphetamine  in  the  second  degree as defined in section
 220.74 of the penal law, unlawful manufacture of methamphetamine in  the
 first  degree  as  defined  in section 220.75 of the penal law, unlawful
 disposal of methamphetamine laboratory material as  defined  in  section
 220.76  of  the penal law, operating as a major trafficker as defined in
 section 220.77 of the penal law, CRIMINAL  POSSESSION  OF  AN  IMITATION
 CONTROLLED SUBSTANCE IN THE THIRD DEGREE AS DEFINED IN SECTION 220.82 OF
 THE PENAL LAW, CRIMINAL SALE OF AN IMITATION CONTROLLED SUBSTANCE IN THE
 FIFTH  DEGREE  AS  DEFINED  IN SECTION 220.83 OF THE PENAL LAW, CRIMINAL
 SALE OF AN IMITATION CONTROLLED SUBSTANCE IN THE THIRD DEGREE AS DEFINED
 IN SECTION 220.84 OF THE  PENAL  LAW,  CRIMINAL  SALE  OF  AN  IMITATION
 S. 4007                            242                           A. 3007

 CONTROLLED SUBSTANCE IN THE FIRST DEGREE AS DEFINED IN SECTION 220.85 OF
 THE  PENAL  LAW,  promoting  gambling in the second degree as defined in
 section 225.05 of the penal law, promoting gambling in the first  degree
 as  defined  in  section 225.10 of the penal law, possession of gambling
 records in the second degree as defined in section 225.15 of  the  penal
 law,  possession  of  gambling records in the first degree as defined in
 section 225.20 of the penal law, and possession of a gambling device  as
 defined in section 225.30 of the penal law;
   (W)  ANY OF THE ACTS DESIGNATED AS FELONIES IN ARTICLE THIRTY-THREE OF
 THE PUBLIC HEALTH LAW.
   § 8. Section 220.00 of the penal law is amended by adding a new subdi-
 vision 6 to read as follows:
   6. "IMITATION CONTROLLED SUBSTANCE" SHALL HAVE  THE  SAME  MEANING  AS
 PROVIDED  FOR  IN PARAGRAPH C OF SUBDIVISION ONE OF SECTION THIRTY-THREE
 HUNDRED EIGHTY-THREE OF THE PUBLIC HEALTH LAW.
   § 9. The penal law is amended by  adding  five  new  sections  220.81,
 220.82, 220.83, 220.84 and 220.85 to read as follows:
 § 220.81 CRIMINAL POSSESSION OF AN IMITATION CONTROLLED SUBSTANCE IN THE
            FIFTH DEGREE.
   A  PERSON  IS GUILTY OF CRIMINAL POSSESSION OF AN IMITATION CONTROLLED
 SUBSTANCE IN THE FIFTH DEGREE WHEN HE OR SHE  KNOWINGLY  AND  UNLAWFULLY
 POSSESSES  AN IMITATION CONTROLLED SUBSTANCE, AS DEFINED IN SUBPARAGRAPH
 ONE OF PARAGRAPH C OF SUBDIVISION ONE OF  SECTION  THIRTY-THREE  HUNDRED
 EIGHTY-THREE OF THE PUBLIC HEALTH LAW, WITH THE INTENT TO SELL IT.
   CRIMINAL  POSSESSION OF AN IMITATION CONTROLLED SUBSTANCE IN THE FIFTH
 DEGREE IS A CLASS A MISDEMEANOR.
 § 220.82 CRIMINAL POSSESSION OF AN IMITATION CONTROLLED SUBSTANCE IN THE
            THIRD DEGREE.
   A PERSON IS GUILTY OF CRIMINAL POSSESSION OF AN  IMITATION  CONTROLLED
 SUBSTANCE  IN  THE  THIRD DEGREE WHEN HE OR SHE KNOWINGLY AND UNLAWFULLY
 POSSESSES AN IMITATION CONTROLLED SUBSTANCE, AS DEFINED IN  SUBPARAGRAPH
 TWO  OF  PARAGRAPH  C OF SUBDIVISION ONE OF SECTION THIRTY-THREE HUNDRED
 EIGHTY-THREE OF THE PUBLIC HEALTH LAW, WITH THE INTENT TO SELL IT.
   CRIMINAL POSSESSION OF AN IMITATION CONTROLLED SUBSTANCE IN THE  THIRD
 DEGREE IS A CLASS D FELONY.
 § 220.83 CRIMINAL SALE OF AN IMITATION CONTROLLED SUBSTANCE IN THE FIFTH
            DEGREE.
   A  PERSON  IS  GUILTY  OF  CRIMINAL  SALE  OF  AN IMITATION CONTROLLED
 SUBSTANCE IN THE FIFTH DEGREE WHEN HE OR SHE  KNOWINGLY  AND  UNLAWFULLY
 SELLS  AN IMITATION CONTROLLED SUBSTANCE, AS DEFINED IN SUBPARAGRAPH ONE
 OF PARAGRAPH C OF SUBDIVISION ONE OF SECTION THIRTY-THREE HUNDRED EIGHT-
 Y-THREE OF THE PUBLIC HEALTH LAW.
   CRIMINAL SALE OF AN IMITATION CONTROLLED SUBSTANCE IN THE FIFTH DEGREE
 IS A CLASS E FELONY.
 § 220.84 CRIMINAL SALE OF AN IMITATION CONTROLLED SUBSTANCE IN THE THIRD
            DEGREE.
   A PERSON IS  GUILTY  OF  CRIMINAL  SALE  OF  AN  IMITATION  CONTROLLED
 SUBSTANCE  IN  THE  THIRD DEGREE WHEN HE OR SHE KNOWINGLY AND UNLAWFULLY
 SELLS AN IMITATION CONTROLLED SUBSTANCE, AS DEFINED IN SUBPARAGRAPH  TWO
 OF PARAGRAPH C OF SUBDIVISION ONE OF SECTION THIRTY-THREE HUNDRED EIGHT-
 Y-THREE OF THE PUBLIC HEALTH LAW.
   CRIMINAL SALE OF AN IMITATION CONTROLLED SUBSTANCE IN THE THIRD DEGREE
 IS A CLASS C FELONY.
 § 220.85 CRIMINAL SALE OF AN IMITATION CONTROLLED SUBSTANCE IN THE FIRST
            DEGREE.
 S. 4007                            243                           A. 3007
 
   A  PERSON  IS  GUILTY  OF  CRIMINAL  SALE  OF  AN IMITATION CONTROLLED
 SUBSTANCE IN THE FIRST DEGREE WHEN HE OR SHE  KNOWINGLY  AND  UNLAWFULLY
 SELLS  AN  IMITATION CONTROLLED SUBSTANCE AND HE OR SHE KNOWS OR REASON-
 ABLY SHOULD KNOW THAT THE IMITATION CONTROLLED SUBSTANCE COULD CAUSE THE
 SERIOUS  PHYSICAL  INJURY   OF ANOTHER PERSON, AS DEFINED BY SUBDIVISION
 TEN OF SECTION 10.00 OF THIS CHAPTER, OR HE OR SHE KNOWS  OR  REASONABLY
 SHOULD  KNOW  THAT  THE  IMITATION  CONTROLLED SUBSTANCE COULD CAUSE THE
 DEATH OF ANOTHER PERSON, AND THE IMITATION CONTROLLED  SUBSTANCE  CAUSES
 THE SERIOUS PHYSICAL INJURY OR DEATH OF ANOTHER PERSON.
   CRIMINAL SALE OF AN IMITATION CONTROLLED SUBSTANCE IN THE FIRST DEGREE
 IS A CLASS A-1 FELONY.
   §  10.  Section  220.25 of the penal law, as amended by chapter 276 of
 the laws of 1973, subdivision 1 as amended by chapter 278 of the laws of
 1973 and subdivision 2 as amended by chapter 341 of the laws of 1985, is
 amended to read as follows:
 § 220.25 Criminal possession of a controlled substance OR  AN  IMITATION
            CONTROLLED SUBSTANCE; presumption.
   1.  The  presence of a controlled substance OR AN IMITATION CONTROLLED
 SUBSTANCE in an automobile, other than a public omnibus, is  presumptive
 evidence  of  knowing possession thereof by each and every person in the
 automobile at the time such controlled substance OR IMITATION CONTROLLED
 SUBSTANCE was found; except that such presumption does not apply (a)  to
 a  duly  licensed operator of an automobile who is at the time operating
 it for hire in the lawful and proper pursuit of his trade, or (b) to any
 person in the automobile if one of them, having obtained the  controlled
 substance  OR IMITATION CONTROLLED SUBSTANCE and not being under duress,
 is authorized to possess it and such controlled substance  OR  IMITATION
 CONTROLLED  SUBSTANCE  is  in  the  same  container  as when he received
 possession thereof, or (c) when the controlled  substance  OR  IMITATION
 CONTROLLED  SUBSTANCE  is  concealed upon the person of one of the occu-
 pants.
   2. The presence of a narcotic drug, narcotic preparation, marihuana or
 phencyclidine in open view in a room, other than a public  place,  under
 circumstances evincing an intent to unlawfully mix, compound, package or
 otherwise  prepare  for  sale  such  controlled  substance  OR IMITATION
 CONTROLLED SUBSTANCE is presumptive evidence of knowing possession ther-
 eof by each and every person  in  close  proximity  to  such  controlled
 substance  OR IMITATION CONTROLLED SUBSTANCE at the time such controlled
 substance OR IMITATION CONTROLLED SUBSTANCE was found; except that  such
 presumption  does  not  apply  to  any  such persons if (a) one of them,
 having  obtained  such  controlled  substance  OR  IMITATION  CONTROLLED
 SUBSTANCE  and  not  being under duress, is authorized to possess it and
 such controlled substance OR IMITATION CONTROLLED SUBSTANCE  is  in  the
 same  container  as  when  he received possession thereof, or (b) one of
 them has such controlled substance  OR  IMITATION  CONTROLLED  SUBSTANCE
 upon his person.
   § 11. This act shall take effect immediately.
 
                                  PART CC

   Section 1. Articles 131, 131-A, 131-B, 131-C, 132, 133, 134, 136, 137,
 137-A,  139, 140, 141, 143, 144, 153, 154, 155, 156, 157, 159, 160, 162,
 163, 164, 165, 166, 167 and 168 of the education law are REPEALED.
   § 2. The public health law is amended by adding a new  article  51  to
 read as follows:
 S. 4007                            244                           A. 3007
 
                                ARTICLE 51
                      LICENSED HEALTHCARE PROFESSIONS
                                  TITLE 1
            LICENSED HEALTHCARE PROFESSIONS GENERAL PROVISIONS
                                SUBTITLE 1
                           INTRODUCTORY SUMMARY
 SECTION 6500.   INTRODUCTION.
         6501.   ADMISSION TO A PROFESSION (LICENSING).
         6501-A. AFFIRMATION OF APPLICATIONS.
         6502.   DURATION AND REGISTRATION OF A LICENSE.
         6502-A. RENEWAL   OF  PROFESSIONAL  LICENSE,  CERTIFICATION,  OR
                   REGISTRATION.
         6503.   PRACTICE OF A PROFESSION.
         6503-A. WAIVER  FOR  ENTITIES  PROVIDING  CERTAIN   PROFESSIONAL
                   SERVICES.
         6503-B. WAIVER  FOR  CERTAIN SPECIAL EDUCATION SCHOOLS AND EARLY
                   INTERVENTION AGENCIES.
         6504.   REGULATION OF THE PROFESSIONS.
         6505.   CONSTRUCTION.
         6505-A. PROFESSIONAL REFERRALS.
         6505-B. COURSE WORK OR TRAINING IN INFECTION CONTROL PRACTICES.
         6505-C. ARTICULATION BETWEEN MILITARY AND CIVILIAN  PROFESSIONAL
                   CAREERS.
   §  6500. INTRODUCTION. THIS ARTICLE PROVIDES FOR THE REGULATION OF THE
 ADMISSION TO AND THE PRACTICE OF CERTAIN PROFESSIONS. THIS  FIRST  TITLE
 APPLIES  TO  ALL  THE  PROFESSIONS INCLUDED IN THIS ARTICLE, EXCEPT THAT
 PREHEARING PROCEDURES AND HEARING  PROCEDURES  IN  CONNECTION  WITH  THE
 REGULATION  OF  PROFESSIONAL  CONDUCT  OF THE PROFESSION OF MEDICINE AND
 PHYSICIAN'S ASSISTANTS AND SPECIALIST'S ASSISTANTS  SHALL  BE  CONDUCTED
 PURSUANT  TO  THE PROVISIONS OF TITLE TWO-A OF ARTICLE TWO OF THIS CHAP-
 TER. EACH OF THE REMAINING TITLES APPLIES TO A PARTICULAR PROFESSION.
   § 6501. ADMISSION TO A PROFESSION (LICENSING). 1. ADMISSION  TO  PRAC-
 TICE  OF  A  PROFESSION IN THIS STATE IS ACCOMPLISHED BY A LICENSE BEING
 ISSUED TO A QUALIFIED APPLICANT BY THE HEALTH DEPARTMENT. TO QUALIFY FOR
 A LICENSE AN APPLICANT SHALL MEET THE  REQUIREMENTS  PRESCRIBED  IN  THE
 TITLE  FOR  THE  PARTICULAR  PROFESSION  AND SHALL MEET THE REQUIREMENTS
 PRESCRIBED IN SECTION 3-503 OF THE GENERAL OBLIGATIONS LAW.
   2. A. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, ANY APPLI-
 CANT SEEKING TO QUALIFY FOR A LICENSE PURSUANT TO THIS  ARTICLE  WHO  IS
 THE  SPOUSE  OF  AN ACTIVE DUTY MEMBER OF THE ARMED FORCES OF THE UNITED
 STATES, NATIONAL GUARD OR RESERVES AS DEFINED IN 10 U.S.C. SECTIONS 1209
 AND 1211, AND SUCH SPOUSE IS TRANSFERRED BY THE MILITARY TO  THIS  STATE
 SHALL  BE  AFFORDED  AN  EXPEDITED  REVIEW OF HIS OR HER APPLICATION FOR
 LICENSURE. SUCH APPLICATION SHALL BE ON A FORM PRESCRIBED BY THE DEPART-
 MENT AND SHALL INCLUDE AN ATTESTATION BY THE APPLICANT OF  THE  MILITARY
 STATUS  OF HIS OR HER SPOUSE AND ANY OTHER SUCH SUPPORTING DOCUMENTATION
 THAT THE DEPARTMENT MAY REQUIRE. UPON REVIEW OF  SUCH  APPLICATION,  THE
 DEPARTMENT SHALL ISSUE A LICENSE TO THE APPLICANT IF THE APPLICANT HOLDS
 A  LICENSE  IN  GOOD STANDING IN ANOTHER STATE AND IN THE OPINION OF THE
 DEPARTMENT, THE REQUIREMENTS FOR  LICENSURE  OF  SUCH  OTHER  STATE  ARE
 SUBSTANTIALLY  EQUIVALENT  TO  THE  REQUIREMENTS  FOR  LICENSURE IN THIS
 STATE.
   B. IN ADDITION TO THE EXPEDITED REVIEW GRANTED IN PARAGRAPH A OF  THIS
 SUBDIVISION,  AN  APPLICANT WHO PROVIDES SATISFACTORY DOCUMENTATION THAT
 HE OR SHE HOLDS A LICENSE IN  GOOD  STANDING  FROM  ANOTHER  STATE,  MAY
 REQUEST  THE  ISSUANCE OF A TEMPORARY PRACTICE PERMIT, WHICH, IF GRANTED
 S. 4007                            245                           A. 3007
 
 WILL PERMIT THE APPLICANT TO WORK UNDER THE SUPERVISION OF  A  NEW  YORK
 STATE  LICENSEE  IN ACCORDANCE WITH REGULATIONS OF THE COMMISSIONER. THE
 DEPARTMENT MAY GRANT SUCH TEMPORARY  PRACTICE  PERMIT  WHEN  IT  APPEARS
 BASED  ON THE APPLICATION AND SUPPORTING DOCUMENTATION RECEIVED THAT THE
 APPLICANT WILL MEET THE REQUIREMENTS FOR LICENSURE IN THIS STATE BECAUSE
 HE OR SHE HOLDS A LICENSE IN  GOOD  STANDING  FROM  ANOTHER  STATE  WITH
 SIGNIFICANTLY  COMPARABLE LICENSURE REQUIREMENTS TO THOSE OF THIS STATE,
 EXCEPT THE DEPARTMENT HAS NOT BEEN ABLE TO SECURE DIRECT SOURCE  VERIFI-
 CATION  OF  THE  APPLICANT'S  UNDERLYING  CREDENTIALS  (E.G., RECEIPT OF
 ORIGINAL TRANSCRIPT, EXPERIENCE  VERIFICATION).  SUCH  PERMIT  SHALL  BE
 VALID  FOR  SIX  MONTHS  OR  UNTIL  TEN DAYS AFTER NOTIFICATION THAT THE
 APPLICANT DOES NOT MEET THE QUALIFICATIONS FOR LICENSURE. AN  ADDITIONAL
 SIX  MONTHS  MAY  BE GRANTED UPON A DETERMINATION BY THE DEPARTMENT THAT
 THE APPLICANT IS EXPECTED TO QUALIFY FOR THE FULL LICENSE  UPON  RECEIPT
 OF  THE  REMAINING DIRECT SOURCE VERIFICATION DOCUMENTS REQUESTED BY THE
 DEPARTMENT IN SUCH TIME PERIOD AND  THAT  THE  DELAY  IN  PROVIDING  THE
 NECESSARY  DOCUMENTATION  FOR  FULL  LICENSURE  WAS  DUE  TO EXTENUATING
 CIRCUMSTANCES WHICH THE MILITARY SPOUSE COULD NOT AVOID.
   C. A TEMPORARY PRACTICE PERMIT ISSUED UNDER PARAGRAPH B OF THIS SUBDI-
 VISION SHALL BE SUBJECT TO THE FULL DISCIPLINARY AND REGULATORY AUTHORI-
 TY OF THE DEPARTMENT, PURSUANT TO THIS ARTICLE, AS IF SUCH AUTHORIZATION
 WERE A PROFESSIONAL LICENSE ISSUED UNDER THIS ARTICLE.
   D. THE DEPARTMENT SHALL REDUCE THE INITIAL LICENSURE  APPLICATION  FEE
 BY  ONE-HALF  FOR  ANY  APPLICATION SUBMITTED BY A MILITARY SPOUSE UNDER
 THIS SUBDIVISION.
   § 6501-A.  AFFIRMATION  OF  APPLICATIONS.  NOTWITHSTANDING  ANY  OTHER
 PROVISION OF LAW TO THE CONTRARY, ANY APPLICATION REQUIRED BY THIS ARTI-
 CLE  TO  BE FILED WITH THE DEPARTMENT MAY, IN LIEU OF BEING CERTIFIED OR
 SWORN UNDER OATH, BE SUBSCRIBED BY THE APPLICANT  AND  AFFIRMED  BY  THE
 APPLICANT AS TRUE UNDER PENALTIES OF PERJURY.
   §  6502. DURATION AND REGISTRATION OF A LICENSE. 1. A LICENSE SHALL BE
 VALID DURING  THE  LIFE  OF  THE  HOLDER  UNLESS  REVOKED,  ANNULLED  OR
 SUSPENDED BY COMMISSIONER OR IN THE CASE OF PHYSICIANS, PHYSICIANS PRAC-
 TICING  UNDER  A  LIMITED  PERMIT,  PHYSICIAN'S ASSISTANTS, SPECIALIST'S
 ASSISTANTS AND MEDICAL RESIDENTS, THE  LICENSEE  IS  STRICKEN  FROM  THE
 ROSTER  OF  SUCH LICENSEES BY THE COMMISSIONER ON THE ORDER OF THE STATE
 BOARD FOR PROFESSIONAL MEDICAL CONDUCT. A LICENSEE  MUST  REGISTER  WITH
 THE  DEPARTMENT AND MEET THE REQUIREMENTS PRESCRIBED IN SECTION 3-503 OF
 THE GENERAL OBLIGATIONS LAW TO PRACTICE IN THIS STATE.
   2. THE DEPARTMENT SHALL ESTABLISH THE BEGINNING DATES OF THE REGISTRA-
 TION PERIODS FOR EACH PROFESSION AND MAIL AN APPLICATION  FOR  REGISTRA-
 TION  CONFORMING  TO  THE  REQUIREMENTS  OF SECTION 3-503 OF THE GENERAL
 OBLIGATIONS LAW TO EVERY LICENSEE CURRENTLY  REGISTERED  AT  LEAST  FOUR
 MONTHS PRIOR TO THE BEGINNING OF THE REGISTRATION PERIOD FOR THE RESPEC-
 TIVE PROFESSION.
   3.  AN  APPLICATION FOR REGISTRATION AND THE REQUIRED REGISTRATION FEE
 SHALL BE SUBMITTED TOGETHER WITH OR AS A PART OF THE APPLICATION  FOR  A
 LICENSE.  A  PERSON  INITIALLY  LICENSED OR A LICENSEE RESUMING PRACTICE
 AFTER A LAPSE OF REGISTRATION DURING THE LAST TWO YEARS OF  A  TRIENNIAL
 REGISTRATION  PERIOD SHALL RECEIVE A PRORATED REFUND OF ONE-THIRD OF THE
 TOTAL REGISTRATION FEE FOR EACH FULL YEAR OF THE TRIENNIAL  PERIOD  THAT
 HAS  ELAPSED  PRIOR  TO  THE DATE OF REGISTRATION. EXCEPT AS PROVIDED IN
 SUBDIVISION THREE-A OF THIS SECTION,  THE  DEPARTMENT  SHALL  RENEW  THE
 REGISTRATION OF EACH LICENSEE UPON RECEIPT OF A PROPER APPLICATION, ON A
 FORM  PRESCRIBED BY THE DEPARTMENT AND CONFORMING TO THE REQUIREMENTS OF
 SECTION 3-503 OF THE GENERAL OBLIGATIONS LAW, AND THE REGISTRATION  FEE.
 S. 4007                            246                           A. 3007

 ANY  LICENSEE  WHO FAILS TO REGISTER BY THE BEGINNING OF THE APPROPRIATE
 REGISTRATION PERIOD SHALL BE REQUIRED TO PAY AN ADDITIONAL FEE FOR  LATE
 FILING OF TEN DOLLARS FOR EACH MONTH THAT REGISTRATION HAS BEEN DELAYED.
 NO  LICENSEE  RESUMING  PRACTICE  AFTER A LAPSE OF REGISTRATION SHALL BE
 PERMITTED TO PRACTICE WITHOUT  ACTUAL  POSSESSION  OF  THE  REGISTRATION
 CERTIFICATE.
   3-A.  PRIOR  TO  ISSUING ANY REGISTRATION PURSUANT TO THIS SECTION AND
 SECTION SIXTY-FIVE HUNDRED TWENTY-FOUR OF THIS ARTICLE,  THE  DEPARTMENT
 SHALL  REQUEST AND REVIEW ANY INFORMATION RELATING TO AN APPLICANT WHICH
 REASONABLY APPEARS TO RELATE TO PROFESSIONAL MISCONDUCT IN  HIS  OR  HER
 PROFESSIONAL PRACTICE IN THIS AND ANY OTHER JURISDICTION. THE DEPARTMENT
 SHALL  ADVISE THE DIRECTOR OF THE OFFICE OF PROFESSIONAL MEDICAL CONDUCT
 IN THE DEPARTMENT OF ANY INFORMATION ABOUT AN APPLICANT WHICH REASONABLY
 APPEARS TO BE PROFESSIONAL MISCONDUCT AS DEFINED IN SECTIONS  SIXTY-FIVE
 HUNDRED THIRTY AND SIXTY-FIVE HUNDRED THIRTY-ONE OF THIS ARTICLE, WITHIN
 SEVEN DAYS OF ITS DISCOVERY. THE REGISTRATION OR RE-REGISTRATION OF SUCH
 APPLICANT SHALL NOT BE DELAYED FOR A PERIOD EXCEEDING THIRTY DAYS UNLESS
 THE  DIRECTOR  FINDS A BASIS FOR RECOMMENDING SUMMARY ACTION PURSUANT TO
 SUBDIVISION TWELVE OF SECTION TWO HUNDRED THIRTY OF THIS  CHAPTER  AFTER
 CONSULTATION WITH A COMMITTEE ON PROFESSIONAL CONDUCT OF THE STATE BOARD
 FOR PROFESSIONAL MEDICAL CONDUCT, IF WARRANTED. RE-REGISTRATION SHALL BE
 ISSUED  IF  THE  COMMISSIONER  OF  HEALTH FAILS TO ISSUE A SUMMARY ORDER
 PURSUANT TO SUBDIVISION TWELVE OF SECTION TWO  HUNDRED  THIRTY  OF  THIS
 CHAPTER  WITHIN NINETY DAYS OF NOTICE BY THE DEPARTMENT PURSUANT TO THIS
 SUBDIVISION.  RE-REGISTRATION SHALL BE DENIED IF THE COMMISSIONER ISSUES
 A SUMMARY ORDER PURSUANT TO SUBDIVISION TWELVE OF  SECTION  TWO  HUNDRED
 THIRTY OF THIS CHAPTER.
   4.  ANY LICENSEE WHO IS NOT ENGAGING IN THE PRACTICE OF HIS PROFESSION
 IN THIS STATE AND DOES NOT  DESIRE  TO  REGISTER  SHALL  SO  ADVISE  THE
 DEPARTMENT. SUCH LICENSEE SHALL NOT BE REQUIRED TO PAY AN ADDITIONAL FEE
 FOR FAILURE TO REGISTER AT THE BEGINNING OF THE REGISTRATION PERIOD.
   5.  LICENSEES  SHALL  NOTIFY  THE  DEPARTMENT OF ANY CHANGE OF NAME OR
 MAILING ADDRESS WITHIN THIRTY DAYS OF SUCH CHANGE. FAILURE  TO  REGISTER
 OR  PROVIDE  SUCH  NOTICE  WITHIN ONE HUNDRED EIGHTY DAYS OF SUCH CHANGE
 SHALL BE WILLFUL FAILURE UNDER SECTION SIXTY-FIVE HUNDRED THIRTY OF THIS
 ARTICLE.
   6. THE FEE FOR REPLACEMENT  OF  A  LOST  REGISTRATION  CERTIFICATE  OR
 LICENSE  OR  FOR  REGISTRATION  OF  AN  ADDITIONAL  OFFICE  SHALL BE TEN
 DOLLARS.
   7. AN ADDITIONAL FEE OF TWENTY-FIVE DOLLARS SHALL BE CHARGED  FOR  THE
 LICENSURE  OR  REGISTRATION  OF ANY APPLICANT WHO SUBMITS A BAD CHECK TO
 THE DEPARTMENT.
   § 6502-A. RENEWAL OF PROFESSIONAL LICENSE, CERTIFICATION, OR REGISTRA-
 TION. 1. THIS SECTION SHALL APPLY TO HEALTHCARE PROFESSIONALS  LICENSED,
 CERTIFIED,  REGISTERED OR AUTHORIZED PURSUANT TO THIS ARTICLE OTHER THAN
 THOSE LICENSED OR REGISTERED PURSUANT TO TITLE TWO OF THIS ARTICLE.
   2. IN CONJUNCTION  WITH  AND  AS  A  CONDITION  OF  EACH  REGISTRATION
 RENEWAL,  THE PROFESSIONALS DESCRIBED IN SUBDIVISION ONE OF THIS SECTION
 SHALL PROVIDE TO THE DEPARTMENT, AND THE DEPARTMENT SHALL COLLECT,  SUCH
 INFORMATION AND DOCUMENTATION REQUIRED BY THE DEPARTMENT AS IS NECESSARY
 TO  ENABLE  THE DEPARTMENT TO EVALUATE ACCESS TO NEEDED SERVICES IN THIS
 STATE, INCLUDING, BUT NOT LIMITED TO, THE LOCATION AND TYPE  OF  SETTING
 IN  WHICH THE PROFESSIONAL PRACTICES AND OTHER RELEVANT INFORMATION. THE
 DEPARTMENT SHALL MAKE SUCH DATA AVAILABLE  IN  AGGREGATE,  DE-IDENTIFIED
 FORM ON A PUBLICLY ACCESSIBLE WEBSITE.
 S. 4007                            247                           A. 3007
 
   3.  THE  DATES BY WHICH THE PROFESSIONALS DESCRIBED IN SUBDIVISION ONE
 OF THIS SECTION MUST COMPLY WITH THE REQUIREMENTS OF SUBDIVISION TWO  OF
 THIS  SECTION  SHALL  BE  DETERMINED  BY  THE DEPARTMENT AND MAY VARY BY
 PROFESSION, TO ALLOW THE DEVELOPMENT AND REFINEMENT OF NECESSARY PROGRAM
 FEATURES  AND  TO  ALLOW  SUFFICIENT  ADVANCED  NOTICE TO BE PROVIDED TO
 AFFECTED PROFESSIONALS. THE PROVISIONS OF THIS SECTION SHALL  BE  EFFEC-
 TIVE  ONLY  IF  AND  FOR  SO  LONG  AS  AN APPROPRIATION IS MADE FOR THE
 PURPOSES OF ITS IMPLEMENTATION.
   § 6503. PRACTICE OF A PROFESSION.  ADMISSION  TO  THE  PRACTICE  OF  A
 PROFESSION  ENTITLES  THE  LICENSEE  TO:  1.  PRACTICE THE PROFESSION AS
 DEFINED IN THE TITLE FOR THE PARTICULAR PROFESSION;
   2. ENTITLES THE INDIVIDUAL LICENSEE TO USE THE PROFESSIONAL  TITLE  AS
 PROVIDED IN THE TITLE FOR THE PARTICULAR PROFESSION; AND
   3.  SUBJECTS  THE LICENSEE TO THE PROCEDURES AND PENALTIES FOR PROFES-
 SIONAL MISCONDUCT AS PRESCRIBED IN THIS ARTICLE.
   § 6503-A. WAIVER FOR ENTITIES PROVIDING CERTAIN PROFESSIONAL SERVICES.
 1. A.  NOTWITHSTANDING ANY LAWS TO THE CONTRARY, EXCEPT AS  PROVIDED  IN
 SUBDIVISION TWO OF THIS SECTION, A NOT-FOR-PROFIT CORPORATION FORMED FOR
 CHARITABLE, EDUCATIONAL, OR RELIGIOUS PURPOSES OR OTHER SIMILAR PURPOSES
 DEEMED  ACCEPTABLE  BY  THE  DEPARTMENT;  OR AN EDUCATION CORPORATION AS
 DEFINED IN SUBDIVISION ONE OF  SECTION  TWO  HUNDRED  SIXTEEN-A  OF  THE
 EDUCATION  LAW MAY PROVIDE THE FOLLOWING SERVICES, PROVIDED THAT, EXCEPT
 AS OTHERWISE PROVIDED IN PARAGRAPH B OF THIS SUBDIVISION, THE ENTITY WAS
 IN EXISTENCE PRIOR TO THE EFFECTIVE DATE OF THIS SECTION AND HAS APPLIED
 TO THE DEPARTMENT FOR A WAIVER PURSUANT TO THIS SECTION BY NO LATER THAN
 FEBRUARY FIRST, TWO THOUSAND TWENTY-FOUR:
   (I) SERVICES PROVIDED UNDER TITLE EIGHTEEN, TWENTY-FIVE OR TWENTY-NINE
 OF THIS ARTICLE FOR WHICH LICENSURE WOULD BE REQUIRED, OR
   (II) SERVICES CONSTITUTING THE PROVISION OF PSYCHOTHERAPY  AS  DEFINED
 IN  SUBDIVISION  TWO  OF SECTION EIGHTY-FOUR HUNDRED ONE OF THIS ARTICLE
 AND AUTHORIZED AND PROVIDED UNDER TITLE TWO,  TWELVE,  OR  SEVENTEEN  OF
 THIS ARTICLE.
   SUCH  SERVICES  MAY  BE  PROVIDED EITHER DIRECTLY THROUGH THE ENTITY'S
 EMPLOYEES OR INDIRECTLY BY CONTRACT  WITH  INDIVIDUALS  OR  PROFESSIONAL
 ENTITIES  DULY  LICENSED,  REGISTERED,  OR  AUTHORIZED  TO  PROVIDE SUCH
 SERVICES.
   B. THE DEPARTMENT MAY ISSUE A WAIVER ON OR AFTER JULY FIRST, TWO THOU-
 SAND TWENTY-FOUR TO AN ENTITY WHICH WAS CREATED BEFORE, ON, OR AFTER THE
 EFFECTIVE DATE OF THIS SECTION IF THERE IS A DEMONSTRATION  OF  NEED  OF
 THE ENTITY'S SERVICES SATISFACTORY TO THE DEPARTMENT.
   C.  AFTER  THE  COMMISSIONER PRESCRIBES THE APPLICATION FORM AND POSTS
 NOTICE OF ITS AVAILABILITY  ON  THE  DEPARTMENT'S  WEBSITE,  ANY  ENTITY
 DESCRIBED  IN  PARAGRAPH A OF THIS SUBDIVISION PROVIDING SERVICES ON THE
 EFFECTIVE DATE OF THIS SECTION, MUST APPLY FOR A WAIVER  NO  LATER  THAN
 FEBRUARY FIRST, TWO THOUSAND TWENTY-FOUR. UPON SUBMISSION OF AN APPLICA-
 TION,  AN  ENTITY MAY CONTINUE TO OPERATE AND PROVIDE SERVICES UNTIL THE
 DEPARTMENT SHALL EITHER DENY OR APPROVE THE ENTITY'S APPLICATION.  AFTER
 THE DEPARTMENT RENDERS A TIMELY INITIAL DETERMINATION THAT THE APPLICANT
 HAS  SUBMITTED THE INFORMATION NECESSARY TO VERIFY THAT THE REQUIREMENTS
 OF PARAGRAPHS D, E, AND F OF THIS SUBDIVISION  ARE  SATISFIED,  APPLICA-
 TIONS  FOR  WAIVERS  SHALL  BE  APPROVED  OR  DENIED WITHIN NINETY DAYS;
 PROVIDED HOWEVER, THAT IF THE WAIVER APPLICATION IS  DENIED  THE  ENTITY
 SHALL  CEASE PROVIDING PROFESSIONAL SERVICES, PURSUANT TO PARAGRAPH A OF
 THIS SUBDIVISION, IN THE STATE OF NEW YORK.
   D. SUCH WAIVER SHALL PROVIDE THAT SERVICES RENDERED PURSUANT  TO  THIS
 SECTION,  DIRECTLY  OR  INDIRECTLY,  SHALL  BE PROVIDED ONLY BY A PERSON
 S. 4007                            248                           A. 3007
 
 APPROPRIATELY LICENSED TO PROVIDE SUCH SERVICES PURSUANT TO  TITLE  TWO,
 TWELVE,  SEVENTEEN,  EIGHTEEN  OR  TWENTY-FIVE  OF THIS ARTICLE, OR BY A
 PERSON OTHERWISE AUTHORIZED TO PROVIDE SUCH SERVICES UNDER SUCH  TITLES,
 OR BY A PROFESSIONAL ENTITY AUTHORIZED BY LAW TO PROVIDE SUCH SERVICES.
   E. AN APPLICATION FOR A WAIVER TO PROVIDE PROFESSIONAL SERVICES PURSU-
 ANT  TO  THIS SECTION SHALL BE ON A FORM PRESCRIBED BY THE COMMISSIONER.
 SUCH APPLICATION SHALL INCLUDE:
   (I) THE NAME OF THE ENTITY,
   (II) THE NAMES OF THE DIRECTORS AND OFFICERS OF SUCH ENTITY,
   (III) A LISTING OF  ANY  OTHER  JURISDICTIONS  WHERE  THE  ENTITY  MAY
 PROVIDE SERVICES, AND
   (IV)  AN  ATTESTATION  MADE  BY AN OFFICER AUTHORIZED BY THE ENTITY TO
 MAKE SUCH ATTESTATION THAT  IDENTIFIES  THE  SCOPE  OF  SERVICES  TO  BE
 PROVIDED;  INCLUDES  A  LIST  OF PROFESSIONS UNDER THIS ARTICLE IN WHICH
 PROFESSIONAL SERVICES WILL BE PROVIDED BY SUCH ENTITY; INCLUDES A STATE-
 MENT THAT, UNLESS OTHERWISE AUTHORIZED BY LAW,  THE  ENTITY  SHALL  ONLY
 PROVIDE  PROFESSIONAL SERVICES AUTHORIZED UNDER THIS SECTION; INCLUDES A
 STATEMENT THAT ONLY A LICENSED PROFESSIONAL, A PERSON OTHERWISE  AUTHOR-
 IZED  TO  PROVIDE  SUCH SERVICES, OR A PROFESSIONAL ENTITY AUTHORIZED BY
 LAW TO PROVIDE SUCH SERVICES SHALL PROVIDE SUCH PROFESSIONAL SERVICES AS
 AUTHORIZED UNDER THIS SECTION; AND ATTESTS TO THE ADEQUACY OF THE  ENTI-
 TY'S  FISCAL  AND  FINANCIAL  RESOURCES TO PROVIDE SUCH SERVICES.   SUCH
 APPLICATION SHALL ALSO INCLUDE ANY  OTHER  INFORMATION  RELATED  TO  THE
 APPLICATION AS MAY BE REQUIRED BY THE DEPARTMENT.
   F.  EACH OFFICER AND DIRECTOR OF SUCH ENTITY SHALL PROVIDE AN ATTESTA-
 TION REGARDING HIS OR HER GOOD MORAL CHARACTER AS REQUIRED  PURSUANT  TO
 PARAGRAPH  H  OF  THIS  SUBDIVISION.  THE  COMMISSIONER SHALL BE FURTHER
 AUTHORIZED TO PROMULGATE RULES OR REGULATIONS RELATING TO THE  STANDARDS
 OF  THE  WAIVER  FOR ENTITIES PURSUANT TO THIS SECTION. SUCH REGULATIONS
 SHALL INCLUDE STANDARDS RELATING TO  THE  ENTITY'S  ABILITY  TO  PROVIDE
 SERVICES,  THE ENTITY'S MAINTENANCE OF PATIENT AND BUSINESS RECORDS, THE
 ENTITY'S FISCAL POLICIES, AND SUCH OTHER STANDARDS AS MAY BE  PRESCRIBED
 BY THE COMMISSIONER.
   G.  THE  ENTITY  OPERATING PURSUANT TO A WAIVER SHALL DISPLAY, AT EACH
 SITE WHERE PROFESSIONAL SERVICES ARE PROVIDED TO THE PUBLIC,  A  CERTIF-
 ICATE  OF SUCH WAIVER ISSUED BY THE DEPARTMENT PURSUANT TO THIS SECTION,
 WHICH SHALL CONTAIN THE NAME OF THE ENTITY AND THE ADDRESS OF THE  SITE.
 SUCH  ENTITIES  SHALL OBTAIN FROM THE DEPARTMENT ADDITIONAL CERTIFICATES
 FOR EACH SITE AT WHICH PROFESSIONAL SERVICES ARE PROVIDED TO THE PUBLIC.
 EACH ENTITY SHALL BE REQUIRED TO  RE-APPLY  FOR  A  WAIVER  EVERY  THREE
 YEARS. IF ANY INFORMATION SUPPLIED TO THE DEPARTMENT REGARDING THE ENTI-
 TY  SHALL  CHANGE,  THE ENTITY SHALL BE REQUIRED TO PROVIDE SUCH UPDATED
 INFORMATION TO THE DEPARTMENT WITHIN SIXTY DAYS.
   H. ENTITIES OPERATING UNDER A WAIVER PURSUANT TO THIS SECTION SHALL BE
 UNDER THE SUPERVISION OF THE DEPARTMENT AND SHALL BE SUBJECT  TO  DISCI-
 PLINARY  PROCEEDINGS  AND PENALTIES. THE WAIVERS FOR SUCH ENTITIES SHALL
 BE SUBJECT TO SUSPENSION, REVOCATION OR ANNULMENT FOR CAUSE IN THE  SAME
 MANNER  AND  TO THE SAME EXTENT AS INDIVIDUALS AND PROFESSIONAL SERVICES
 CORPORATIONS WITH RESPECT TO THEIR LICENSES, CERTIFICATES, AND REGISTRA-
 TIONS, AS APPLICABLE, AS PROVIDED IN THIS ARTICLE RELATING TO THE APPLI-
 CABLE PROFESSION. ALL OFFICERS AND DIRECTORS OF SUCH ENTITIES  SHALL  BE
 OF  GOOD  MORAL  CHARACTER.  ENTITIES OPERATING PURSUANT TO A WAIVER AND
 THEIR OFFICERS AND DIRECTORS SHALL BE ENTITLED TO THE SAME  DUE  PROCESS
 PROCEDURES AS ARE PROVIDED TO SUCH INDIVIDUALS AND PROFESSIONAL SERVICES
 CORPORATIONS.  NO WAIVER ISSUED UNDER THIS SECTION SHALL BE TRANSFERABLE
 S. 4007                            249                           A. 3007
 
 OR ASSIGNABLE, AS SUCH TERMS ARE  DEFINED  IN  THE  REGULATIONS  OF  THE
 COMMISSIONER.
   I.  AN  ENTITY  OPERATING  PURSUANT TO A WAIVER SHALL NOT PRACTICE ANY
 PROFESSION LICENSED PURSUANT TO THIS ARTICLE OR HOLD ITSELF OUT  TO  THE
 PUBLIC  AS  AUTHORIZED TO PROVIDE PROFESSIONAL SERVICES PURSUANT TO THIS
 ARTICLE EXCEPT AS SPECIFICALLY AUTHORIZED BY THIS SECTION OR  AS  OTHER-
 WISE AUTHORIZED BY LAW.
   2. NO WAIVER PURSUANT TO THIS SECTION SHALL BE REQUIRED OF:
   A.  ANY  ENTITY  OPERATED UNDER AN OPERATING CERTIFICATE APPROPRIATELY
 ISSUED IN ACCORDANCE WITH ARTICLE SIXTEEN, THIRTY-ONE OR  THIRTY-TWO  OF
 THE  MENTAL HYGIENE LAW, ARTICLE TWENTY-EIGHT OF THIS CHAPTER, OR COMPA-
 RABLE PROCEDURES BY A NEW YORK STATE OR FEDERAL AGENCY, POLITICAL SUBDI-
 VISION, MUNICIPAL CORPORATION, OR LOCAL GOVERNMENT AGENCY  OR  UNIT,  IN
 ACCORDANCE  WITH  THE  SCOPE  OF THE AUTHORITY OF SUCH OPERATING CERTIF-
 ICATE; OR
   B. A UNIVERSITY FACULTY PRACTICE CORPORATION DULY INCORPORATED  PURSU-
 ANT TO THE NOT-FOR-PROFIT CORPORATION LAW; OR
   C.  AN INSTITUTION OF HIGHER EDUCATION AUTHORIZED TO PROVIDE A PROGRAM
 LEADING TO LICENSURE IN A PROFESSION DEFINED UNDER  TITLE  TWO,  TWELVE,
 SEVENTEEN,  EIGHTEEN, OR TWENTY-FIVE OF THIS ARTICLE, TO THE EXTENT THAT
 THE SCOPE OF SUCH SERVICES IS LIMITED TO THE SERVICES AUTHORIZED  TO  BE
 PROVIDED WITHIN SUCH REGISTERED PROGRAM; OR
   D. AN INSTITUTION OF HIGHER EDUCATION PROVIDING COUNSELING ONLY TO THE
 STUDENTS,  STAFF, OR FAMILY MEMBERS OF STUDENTS AND STAFF OF SUCH INSTI-
 TUTION; OR
   E. ANY OTHER ENTITY AS MAY  BE  DEFINED  IN  THE  REGULATIONS  OF  THE
 COMMISSIONER,  PROVIDED  THAT  SUCH  ENTITY  IS  OTHERWISE AUTHORIZED TO
 PROVIDE SUCH SERVICES PURSUANT TO  LAW  AND  ONLY  TO  THE  EXTENT  SUCH
 SERVICES  ARE AUTHORIZED UNDER ANY CERTIFICATES OF INCORPORATION OR SUCH
 OTHER ORGANIZING DOCUMENTS AS MAY BE APPLICABLE.
   3. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO LIMIT  THE  AUTHORITY
 OF  ANOTHER  STATE  AGENCY  TO  CERTIFY,  LICENSE, CONTRACT OR OTHERWISE
 AUTHORIZE AN ENTITY APPLYING FOR A WAIVER PURSUANT TO THIS  SECTION,  IF
 SUCH STATE AGENCY IS OTHERWISE AUTHORIZED UNDER ANOTHER PROVISION OF LAW
 TO  CERTIFY,  LICENSE, CONTRACT OR AUTHORIZE SUCH AN ENTITY, NOR SHALL A
 WAIVER PURSUANT TO THIS SECTION BE CONSTRUED TO PROVIDE AN EXEMPTION  OF
 SUCH  ENTITY  FROM ANY CERTIFICATION, LICENSURE, NEED TO CONTRACT OR ANY
 OTHER SUCH REQUIREMENT ESTABLISHED BY SUCH STATE  AGENCY  OR  UNDER  ANY
 OTHER  PROVISION  OF LAW. IF A STATE AGENCY DETERMINES THAT SUCH CERTIF-
 ICATION, LICENSURE, CONTRACT OR OTHER AUTHORIZATION IS REQUIRED, A WAIV-
 ER PURSUANT TO THIS SECTION SHALL NOT HAVE THE EFFECT OF AUTHORIZING THE
 PROVISION OF PROFESSIONAL SERVICES UNDER THE JURISDICTION OF SUCH AGENCY
 IN THE ABSENCE OF CERTIFICATION, LICENSURE, A CONTRACT OR OTHER AUTHORI-
 ZATION FROM SUCH STATE AGENCY, AND THE  DEPARTMENT  SHALL  CONSULT  WITH
 SUCH AGENCY REGARDING THE NEED FOR LICENSURE, CONTRACTING, CERTIFICATION
 OR AUTHORIZATION. IN DETERMINING AN APPLICATION FOR A WAIVER PURSUANT TO
 THIS SECTION, THE DEPARTMENT SHALL CONSIDER AS A FACTOR IN SUCH DETERMI-
 NATION  ANY  DENIAL  OF  AN  OPERATING CERTIFICATE OR OTHER AUTHORITY TO
 PROVIDE THE SERVICES AUTHORIZED PURSUANT TO THIS SECTION BY A  NEW  YORK
 STATE  OR  FEDERAL AGENCY, POLITICAL SUBDIVISION, MUNICIPAL CORPORATION,
 OR LOCAL GOVERNMENT AGENCY OR UNIT,  AND  SHALL  NOT  APPROVE  A  WAIVER
 APPLICATION AUTHORIZING AN ENTITY TO PROVIDE A PROGRAM OR SERVICES WHERE
 THE  ENTITY  OPERATED SUCH A PROGRAM OR PROVIDED SUCH SERVICES FOR WHICH
 AN OPERATING CERTIFICATE OR LICENSE IS PENDING, WAS DISAPPROVED  OR  WAS
 REVOKED,  OR  A  WRITTEN  AUTHORIZATION  OR  CONTRACT WAS TERMINATED FOR
 CAUSE, BY ONE OF SUCH AGENCIES, EXCEPT UPON APPROVAL OF SUCH  ACTION  BY
 S. 4007                            250                           A. 3007
 
 THE  APPROPRIATE  STATE  AGENCY.  SUCH  STATE  AGENCIES SHALL NOTIFY THE
 DEPARTMENT, UPON REQUEST AND WITHIN A  FIFTEEN  DAY  PERIOD,  WHETHER  A
 WAIVER  APPLICANT  HAS  BEEN  SUBJECT TO SUCH DISAPPROVAL, REVOCATION OR
 TERMINATION  FOR  CAUSE  OR  HAS  A PENDING APPLICATION FOR A LICENSE OR
 OPERATING CERTIFICATE.
   4. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO LIMIT  THE  AUTHORITY
 OF  THE  FOLLOWING  ENTITIES  TO  PROVIDE PROFESSIONAL SERVICES THEY ARE
 AUTHORIZED BY LAW TO PROVIDE:
   A. ANY APPROPRIATELY ORGANIZED PROFESSIONAL ENTITY, INCLUDING, BUT NOT
 LIMITED TO, THOSE ESTABLISHED UNDER THE BUSINESS  CORPORATION  LAW,  THE
 LIMITED LIABILITY COMPANY LAW OR THE PARTNERSHIP LAW; OR
   B.  ANY  ENTITY  OPERATED BY A NEW YORK STATE OR FEDERAL AGENCY, POLI-
 TICAL SUBDIVISION, MUNICIPAL CORPORATION, OR LOCAL GOVERNMENT AGENCY  OR
 UNIT  PURSUANT TO AUTHORITY GRANTED BY LAW, INCLUDING BUT NOT LIMITED TO
 ANY ENTITY OPERATED BY THE OFFICE  OF  MENTAL  HEALTH,  THE  OFFICE  FOR
 PEOPLE  WITH DEVELOPMENTAL DISABILITIES, OR THE OFFICE OF ALCOHOLISM AND
 SUBSTANCE ABUSE SERVICES UNDER ARTICLES SEVEN, THIRTEEN, AND NINETEEN OF
 THE MENTAL HYGIENE LAW, RESPECTIVELY.
   5. FOR THE PURPOSES OF THIS SECTION, "PROFESSIONAL ENTITY" SHALL  MEAN
 AND INCLUDE SOLE PROPRIETORSHIPS AND ANY PROFESSIONAL SERVICES ORGANIZA-
 TION ESTABLISHED PURSUANT TO ARTICLE FIFTEEN OF THE BUSINESS CORPORATION
 LAW, ARTICLE TWELVE OF THE LIMITED LIABILITY COMPANY LAW AND SECTION TWO
 AND ARTICLE EIGHT-B OF THE PARTNERSHIP LAW.
   §  6503-B.  WAIVER  FOR  CERTAIN  SPECIAL  EDUCATION SCHOOLS AND EARLY
 INTERVENTION AGENCIES. 1.   DEFINITIONS. AS USED  IN  THIS  SECTION  THE
 FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   A.  "SPECIAL EDUCATION SCHOOL" MEANS AN APPROVED PROGRAM AS DEFINED IN
 PARAGRAPH B OF SUBDIVISION ONE OF SECTION FORTY-FOUR HUNDRED TEN OF  THE
 EDUCATION  LAW THAT MEETS THE REQUIREMENTS OF PARAGRAPH B OF SUBDIVISION
 SIX OF SUCH SECTION; AN APPROVED PRIVATE NON-RESIDENTIAL OR  RESIDENTIAL
 SCHOOL  FOR  THE EDUCATION OF STUDENTS WITH DISABILITIES THAT IS LOCATED
 WITHIN THE STATE; A CHILD CARE INSTITUTION AS DEFINED  IN  SECTION  FOUR
 THOUSAND ONE OF THE EDUCATION LAW THAT OPERATES A PRIVATE SCHOOL FOR THE
 EDUCATION  OF  STUDENTS WITH DISABILITIES OR AN INSTITUTION FOR THE DEAF
 OR BLIND OPERATING PURSUANT TO ARTICLE EIGHTY-FIVE OF THE EDUCATION  LAW
 THAT  EITHER:  (I) CONDUCTS A MULTI-DISCIPLINARY EVALUATION FOR PURPOSES
 OF ARTICLES EIGHTY-ONE OR EIGHTY-NINE OF THE EDUCATION LAW THAT INVOLVES
 THE PRACTICE OF ONE OR MORE PROFESSIONS FOR WHICH A LICENSE IS  REQUIRED
 PURSUANT  TO  THIS  ARTICLE  AND  NO  EXCEPTION  FROM CORPORATE PRACTICE
 RESTRICTIONS APPLIES, OR
   (II) PROVIDES RELATED SERVICES TO STUDENTS ENROLLED IN THE  SCHOOL  OR
 APPROVED  PROGRAM  THAT INVOLVES THE PRACTICE OF ONE OR MORE PROFESSIONS
 FOR WHICH A LICENSE IS REQUIRED PURSUANT TO THIS ARTICLE AND  NO  EXCEP-
 TION  FROM  PRACTICE RESTRICTIONS APPLIES. SUCH TERM SHALL NOT INCLUDE A
 SCHOOL DISTRICT, BOARD  OF  COOPERATIVE  EDUCATIONAL  SERVICES,  MUNICI-
 PALITY,  STATE  AGENCY  OR OTHER PUBLIC ENTITY.  NOTHING IN THIS SECTION
 SHALL BE CONSTRUED TO REQUIRE A CHILD  CARE  INSTITUTION  THAT  CONDUCTS
 MULTI-DISCIPLINARY  EVALUATIONS  OR PROVIDES RELATED SERVICES THROUGH AN
 APPROVED PRIVATE NONRESIDENTIAL  SCHOOL  OPERATED  BY  SUCH  CHILD  CARE
 INSTITUTION  TO  OBTAIN  A  WAIVER,  PROVIDED THAT SUCH SCHOOL OBTAINS A
 WAIVER PURSUANT TO THIS SECTION.
   B. "EARLY INTERVENTION AGENCY" MEANS AN AGENCY WHICH IS APPROVED OR IS
 SEEKING APPROVAL IN ACCORDANCE WITH TITLE TWO-A OF  ARTICLE  TWENTY-FIVE
 OF THIS CHAPTER TO DELIVER EARLY INTERVENTION PROGRAM MULTI-DISCIPLINARY
 EVALUATIONS,   SERVICE  COORDINATION  SERVICES  AND  EARLY  INTERVENTION
 PROGRAM SERVICES, AND IS LAWFULLY OPERATED AS A SOLE  PROPRIETORSHIP  OR
 S. 4007                            251                           A. 3007
 
 BY  A  PARTNERSHIP,  NOT-FOR-PROFIT  CORPORATION, EDUCATION CORPORATION,
 BUSINESS  CORPORATION,  A  LIMITED  LIABILITY  COMPANY  OR  PROFESSIONAL
 SERVICES  ORGANIZATION  ESTABLISHED  PURSUANT  TO ARTICLE FIFTEEN OF THE
 BUSINESS  CORPORATION  LAW,  ARTICLE  TWELVE  OR THIRTEEN OF THE LIMITED
 LIABILITY COMPANY LAW OR ARTICLE EIGHT-B OF THE PARTNERSHIP LAW.
   C. "EARLY INTERVENTION  PROGRAM  SERVICES"  MEANS  EARLY  INTERVENTION
 SERVICES  AS DEFINED IN SUBDIVISION SEVEN OF SECTION TWENTY-FIVE HUNDRED
 FORTY-ONE OF THIS CHAPTER THAT ARE PROVIDED UNDER THE EARLY INTERVENTION
 PROGRAM AND AUTHORIZED IN  AN  ELIGIBLE  CHILD'S  INDIVIDUALIZED  FAMILY
 SERVICES PLAN.
   D. "MULTI-DISCIPLINARY EVALUATION" FOR PURPOSES OF A SPECIAL EDUCATION
 SCHOOL  MEANS  A  MULTI-DISCIPLINARY  EVALUATION  OF  A  PRESCHOOL CHILD
 SUSPECTED OF HAVING A DISABILITY OR A PRESCHOOL CHILD WITH A  DISABILITY
 THAT  IS  CONDUCTED  PURSUANT  TO  SECTION FORTY-FOUR HUNDRED TEN OF THE
 EDUCATION LAW OR AN EVALUATION OF A SCHOOL-AGE CHILD SUSPECTED OF HAVING
 A DISABILITY OR WITH A DISABILITY WHICH IS CONDUCTED  BY  A  CHILD  CARE
 INSTITUTION  THAT  OPERATES  A  SPECIAL  EDUCATION SCHOOL OR THE SPECIAL
 EDUCATION SCHOOL OPERATED BY SUCH INSTITUTION  PURSUANT  TO  SUBDIVISION
 THREE  OF SECTION FOUR THOUSAND TWO OF THE EDUCATION LAW OR BY AN INSTI-
 TUTION FOR THE DEAF OR BLIND OPERATING PURSUANT TO  ARTICLE  EIGHTY-FIVE
 OF THE EDUCATION LAW OR AN EVALUATION OF A SCHOOL-AGE CHILD SUSPECTED OF
 HAVING  A  DISABILITY  OR  WITH  A  DISABILITY  THAT IS AUTHORIZED TO BE
 CONDUCTED BY A SPECIAL EDUCATION SCHOOL PURSUANT TO ANY OTHER  PROVISION
 OF  THE  EDUCATION LAW AND THE REGULATIONS OF THE COMMISSIONER OF EDUCA-
 TION FOR PURPOSES OF IDENTIFICATION OF THE CHILD AS A CHILD WITH A DISA-
 BILITY OR THE DEVELOPMENT OF AN INDIVIDUALIZED EDUCATION PROGRAM FOR THE
 CHILD.
   E. "MULTI-DISCIPLINARY EVALUATION" FOR PURPOSES OF  THE  EARLY  INTER-
 VENTION  PROGRAM MEANS A PROFESSIONAL, OBJECTIVE ASSESSMENT CONDUCTED BY
 APPROPRIATELY QUALIFIED PERSONNEL IN ACCORDANCE WITH SECTION TWENTY-FIVE
 HUNDRED FORTY-FOUR OF THIS CHAPTER AND ITS IMPLEMENTING  REGULATIONS  TO
 DETERMINE A CHILD'S ELIGIBILITY FOR EARLY INTERVENTION PROGRAM SERVICES.
   F. "RELATED SERVICES" MEANS RELATED SERVICES AS DEFINED IN PARAGRAPH G
 OF SUBDIVISION TWO OF SECTION FOUR THOUSAND TWO, PARAGRAPH K OF SUBDIVI-
 SION  TWO  OF SECTION FORTY-FOUR HUNDRED ONE, OR PARAGRAPH J OF SUBDIVI-
 SION ONE OF SECTION FORTY-FOUR HUNDRED TEN OF THE EDUCATION LAW PROVIDED
 TO A CHILD WITH A DISABILITY PURSUANT  TO  SUCH  CHILD'S  INDIVIDUALIZED
 EDUCATION PROGRAM.
   2.  WAIVER.  A.  NO  SPECIAL  EDUCATION  SCHOOL MAY EMPLOY INDIVIDUALS
 LICENSED PURSUANT TO THIS TITLE TO CONDUCT COMPONENTS OF A  MULTI-DISCI-
 PLINARY  EVALUATION OF A CHILD WITH A DISABILITY OR A CHILD SUSPECTED OF
 HAVING A DISABILITY OR TO PROVIDE  RELATED  SERVICES  TO  CHILDREN  WITH
 DISABILITIES ENROLLED IN THE SCHOOL, AND NO SPECIAL EDUCATION SCHOOL MAY
 PROVIDE  SUCH  AN  EVALUATION  COMPONENT OR RELATED SERVICES BY CONTRACT
 WITH AN INDIVIDUAL LICENSED OR OTHERWISE AUTHORIZED TO PRACTICE PURSUANT
 TO THIS TITLE OR WITH AN  ENTITY  AUTHORIZED  BY  LAW  TO  PROVIDE  SUCH
 PROFESSIONAL  SERVICES,  UNLESS SUCH SCHOOL OBTAINS A WAIVER PURSUANT TO
 THIS SECTION. ALL SPECIAL EDUCATION SCHOOLS APPROVED BY THE COMMISSIONER
 AS OF THE EFFECTIVE DATE OF THIS SECTION SHALL BE DEEMED OPERATING UNDER
 A WAIVER PURSUANT TO THIS SECTION FOR A PERIOD COMMENCING ON SUCH EFFEC-
 TIVE DATE AND ENDING ON JULY FIRST, TWO THOUSAND THIRTEEN.
   B. NO EARLY INTERVENTION AGENCY MAY EMPLOY OR CONTRACT  WITH  INDIVID-
 UALS  LICENSED  PURSUANT  TO  THIS TITLE OR WITH A NOT-FOR-PROFIT CORPO-
 RATION, EDUCATION CORPORATION, BUSINESS CORPORATION,  LIMITED  LIABILITY
 COMPANY, OR A PROFESSIONAL SERVICES ORGANIZATION ESTABLISHED PURSUANT TO
 ARTICLE FIFTEEN OF THE BUSINESS CORPORATION LAW, ARTICLE TWELVE OR THIR-
 S. 4007                            252                           A. 3007
 
 TEEN  OF  THE  LIMITED  LIABILITY  COMPANY LAW OR ARTICLE EIGHT-B OF THE
 PARTNERSHIP LAW, TO CONDUCT AN EARLY INTERVENTION  PROGRAM  MULTI-DISCI-
 PLINARY  EVALUATION,  PROVIDE  SERVICE  COORDINATION  SERVICES  OR EARLY
 INTERVENTION  PROGRAM  SERVICES UNLESS SUCH AGENCY HAS OBTAINED A WAIVER
 PURSUANT TO THIS SECTION AND HAS BEEN APPROVED IN ACCORDANCE WITH  TITLE
 TWO-A  OF  ARTICLE  TWENTY-FIVE OF THIS CHAPTER AS AN EARLY INTERVENTION
 PROGRAM PROVIDER. ALL EARLY INTERVENTION AGENCIES  APPROVED  AS  OF  THE
 EFFECTIVE  DATE  OF THIS SECTION SHALL BE DEEMED TO BE OPERATING UNDER A
 WAIVER PURSUANT TO THIS SECTION FOR A PERIOD COMMENCING ON  SUCH  EFFEC-
 TIVE  DATE  AND ENDING ON JULY FIRST, TWO THOUSAND THIRTEEN.  NOTHING IN
 THIS SECTION SHALL BE CONSTRUED TO REQUIRE AN EARLY INTERVENTION  AGENCY
 TO  OPERATE UNDER A WAIVER IN ACCORDANCE WITH THIS SECTION PROVIDED THAT
 IT IS OTHERWISE AUTHORIZED BY LAW TO PROVIDE THE APPLICABLE PROFESSIONAL
 SERVICES.
   3. OBTAINING A WAIVER. A. A SPECIAL EDUCATION SCHOOL AND EARLY  INTER-
 VENTION  AGENCY  SHALL  OBTAIN  AN  APPLICATION  FOR  A WAIVER ON A FORM
 PRESCRIBED BY THE DEPARTMENT. THE DEPARTMENT MAY ISSUE A  WAIVER  ON  OR
 AFTER  JULY  FIRST, TWO THOUSAND THIRTEEN TO AN ENTITY WHICH WAS CREATED
 BEFORE, ON OR AFTER THE EFFECTIVE DATE  OF  THIS  SECTION  IF  THERE  IS
 DEMONSTRATION  OF  NEED  OF  THE  ENTITY'S  SERVICES SATISFACTORY TO THE
 DEPARTMENT. THE APPLICATION FOR AN INITIAL WAIVER SHALL  BE  ACCOMPANIED
 BY A FEE OF THREE HUNDRED FORTY-FIVE DOLLARS. WHERE THE APPLICANT SIMUL-
 TANEOUSLY  APPLIES  FOR A WAIVER AS A SPECIAL EDUCATION SCHOOL AND EARLY
 INTERVENTION AGENCY THE TOTAL WAIVER FEE SHALL BE THREE  HUNDRED  FORTY-
 FIVE DOLLARS.
   B.  WITHIN  ONE  HUNDRED TWENTY DAYS AFTER THE COMMISSIONER PRESCRIBES
 THE APPLICATION FORM AND POSTS NOTICE OF ITS AVAILABILITY ON THE DEPART-
 MENT'S WEBSITE, A SPECIAL EDUCATION SCHOOL OR EARLY INTERVENTION  AGENCY
 MUST APPLY FOR A WAIVER. UPON SUBMISSION OF SUCH APPLICATION, THE SCHOOL
 OR AGENCY MAY CONTINUE TO OPERATE AND PROVIDE SERVICES UNTIL THE DEPART-
 MENT  SHALL EITHER DENY OR APPROVE THE APPLICATION. AFTER THE DEPARTMENT
 RENDERS A TIMELY INITIAL DETERMINATION THAT THE APPLICANT HAS  SUBMITTED
 THE  INFORMATION NECESSARY TO VERIFY THAT THE REQUIREMENTS OF PARAGRAPHS
 C, D AND E OF THIS SUBDIVISION ARE SATISFIED, APPLICATIONS  FOR  WAIVERS
 SHALL BE APPROVED OR DENIED WITHIN NINETY DAYS, PROVIDED HOWEVER THAT IF
 THE  WAIVER  APPLICATION  IS  DENIED  THE  SCHOOL  OR AGENCY SHALL CEASE
 PROVIDING SERVICES PURSUANT TO THIS SUBDIVISION  IN  THE  STATE  OF  NEW
 YORK.
   C.  SUCH  WAIVER SHALL PROVIDE THAT SERVICES RENDERED PURSUANT TO THIS
 SECTION, DIRECTLY OR INDIRECTLY, SHALL BE  PROVIDED  ONLY  BY  A  PERSON
 APPROPRIATELY  LICENSED  TO  PROVIDE  SUCH SERVICES, EXCEPT AS OTHERWISE
 PROVIDED IN LAW, TO PROVIDE SUCH SERVICES OR BY A PROFESSIONAL  SERVICES
 ENTITY AUTHORIZED BY LAW TO PROVIDE SUCH SERVICES.
   D. AN APPLICATION FOR A WAIVER TO PROVIDE PROFESSIONAL SERVICES PURSU-
 ANT  TO  THIS SECTION SHALL BE ON A FORM PRESCRIBED BY THE COMMISSIONER.
 SUCH APPLICATION SHALL INCLUDE: (I) THE NAME OF  THE  SPECIAL  EDUCATION
 SCHOOL  OR EARLY INTERVENTION AGENCY; (II) THE NAMES OF THE DIRECTORS OR
 TRUSTEES AND OFFICERS OF SUCH SCHOOL OR AGENCY; (III) A LISTING  OF  ANY
 OTHER  JURISDICTIONS  WHERE  SUCH SCHOOL OR AGENCY MAY PROVIDE SERVICES;
 AND (IV) AN ATTESTATION MADE BY AN OFFICER AUTHORIZED BY SUCH SCHOOL  OR
 AGENCY TO MAKE SUCH ATTESTATION THAT IDENTIFIES THE SCOPE OF SERVICES TO
 BE  PROVIDED; INCLUDES A LIST OF PROFESSIONS UNDER THIS ARTICLE IN WHICH
 PROFESSIONAL SERVICES  WILL  BE  PROVIDED  BY  SUCH  SCHOOL  OR  AGENCY;
 INCLUDES  A  STATEMENT  THAT,  UNLESS  OTHERWISE  AUTHORIZED BY LAW, THE
 SCHOOL OR AGENCY SHALL  ONLY  PROVIDE  SERVICES  AUTHORIZED  UNDER  THIS
 SECTION;  INCLUDES  A  STATEMENT  THAT  ONLY  A LICENSED PROFESSIONAL, A
 S. 4007                            253                           A. 3007
 
 PERSON OTHERWISE AUTHORIZED TO PROVIDE SUCH SERVICES, OR A  PROFESSIONAL
 SERVICES ENTITY AUTHORIZED BY LAW TO PROVIDE SUCH SERVICES SHALL PROVIDE
 SUCH  SERVICES  AS  AUTHORIZED  UNDER  THIS  SECTION; AND ATTESTS TO THE
 ADEQUACY  OF  THE SCHOOL'S OR AGENCY'S FISCAL AND FINANCIAL RESOURCES TO
 PROVIDE SUCH SERVICES.  SUCH APPLICATION SHALL ALSO  INCLUDE  ANY  OTHER
 INFORMATION RELATED TO THE APPLICATION AS MAY BE REQUIRED BY THE DEPART-
 MENT.  A  SCHOOL  OR AGENCY WITH AN APPROVED WAIVER MAY APPLY, ON A FORM
 PRESCRIBED BY THE COMMISSIONER, TO AMEND THE WAIVER  TO  ADD  ADDITIONAL
 PROFESSIONAL SERVICES.
   E.  EACH  OFFICER, TRUSTEE AND DIRECTOR OF SUCH SCHOOL OR AGENCY SHALL
 PROVIDE AN ATTESTATION REGARDING HIS OR  HER  GOOD  MORAL  CHARACTER  AS
 REQUIRED  PURSUANT TO PARAGRAPH G OF THIS SUBDIVISION.  THE COMMISSIONER
 SHALL BE FURTHER AUTHORIZED TO PROMULGATE RULES OR REGULATIONS  RELATING
 TO  THE  STANDARDS OF THE WAIVER FOR SPECIAL EDUCATION SCHOOLS AND EARLY
 INTERVENTION AGENCIES PURSUANT TO THIS SECTION. SUCH  REGULATIONS  SHALL
 INCLUDE  STANDARDS  RELATING  TO  THE  SCHOOL'S  OR  AGENCY'S ABILITY TO
 PROVIDE SERVICES, THE SCHOOL'S OR AGENCY'S  MAINTENANCE  OF  STUDENT  OR
 CLIENT  AND  BUSINESS RECORDS, THE SCHOOL'S OR AGENCY'S FISCAL POLICIES,
 AND SUCH OTHER STANDARDS AS MAY BE PRESCRIBED BY THE COMMISSIONER.
   F. THE SPECIAL EDUCATION SCHOOL OR EARLY INTERVENTION AGENCY OPERATING
 PURSUANT TO A WAIVER SHALL DISPLAY, AT  EACH  SITE  WHERE  SERVICES  ARE
 PROVIDED  TO  THE  PUBLIC,  A  CERTIFICATE  OF SUCH WAIVER ISSUED BY THE
 DEPARTMENT PURSUANT TO THIS SECTION, WHICH SHALL CONTAIN THE NAME OF THE
 SCHOOL OR AGENCY AND THE ADDRESS OF THE SITE. SUCH SCHOOLS  OR  AGENCIES
 SHALL  OBTAIN  FROM THE DEPARTMENT ADDITIONAL CERTIFICATES FOR EACH SITE
 AT WHICH PROFESSIONAL SERVICES ARE PROVIDED TO THE PUBLIC.  EACH  SCHOOL
 OR  AGENCY SHALL BE REQUIRED TO RE-APPLY FOR A WAIVER EVERY THREE YEARS.
 AN EARLY INTERVENTION AGENCY'S WAIVER SHALL NOT BE  RENEWED  UNLESS  THE
 AGENCY IS APPROVED TO PROVIDE EARLY INTERVENTION PROGRAM MULTI-DISCIPLI-
 NARY  EVALUATIONS,  SERVICE  COORDINATION  OR EARLY INTERVENTION PROGRAM
 SERVICES IN ACCORDANCE WITH TITLE TWO-A OF ARTICLE TWENTY-FIVE  OF  THIS
 CHAPTER.  EXCEPT  AS  OTHERWISE  PROVIDED  IN  SUBDIVISION  FOUR OF THIS
 SECTION, IF ANY INFORMATION SUPPLIED TO  THE  DEPARTMENT  REGARDING  THE
 SCHOOL OR AGENCY SHALL CHANGE, THE SCHOOL OR AGENCY SHALL BE REQUIRED TO
 PROVIDE SUCH UPDATED INFORMATION TO THE DEPARTMENT WITHIN SIXTY DAYS.
   G.  ALL  OFFICERS,  TRUSTEES AND DIRECTORS OF SUCH SCHOOLS OR AGENCIES
 SHALL BE OF GOOD MORAL CHARACTER. SCHOOLS OR AGENCIES OPERATING PURSUANT
 TO A WAIVER AND THEIR OFFICERS AND DIRECTORS SHALL BE  ENTITLED  TO  THE
 SAME  DUE  PROCESS  PROCEDURES  AS  ARE PROVIDED TO SUCH INDIVIDUALS AND
 PROFESSIONAL SERVICES CORPORATIONS. NO WAIVER ISSUED UNDER THIS  SECTION
 SHALL  BE  TRANSFERABLE  OR ASSIGNABLE; AS SUCH TERMS ARE DEFINED IN THE
 REGULATIONS OF THE COMMISSIONER.
   4. RENEWAL OF WAIVER. ALL SPECIAL EDUCATION SCHOOL  AND  EARLY  INTER-
 VENTION  AGENCY WAIVERS SHALL BE RENEWED ON DATES SET BY THE DEPARTMENT.
 THE TRIENNIAL WAIVER FEE SHALL BE TWO HUNDRED SIXTY DOLLARS  OR  A  PRO-
 RATED  PORTION  THEREOF AS DETERMINED BY THE DEPARTMENT. AN EARLY INTER-
 VENTION AGENCY'S WAIVER SHALL  NOT  BE  RENEWED  UNLESS  THE  AGENCY  IS
 APPROVED TO PROVIDE EARLY INTERVENTION PROGRAM MULTI-DISCIPLINARY EVALU-
 ATIONS,  SERVICE COORDINATION NOR EARLY INTERVENTION PROGRAM SERVICES IN
 ACCORDANCE WITH TITLE TWO-A OF ARTICLE TWENTY-FIVE OF THIS CHAPTER.
   5. CHANGE OF LOCATION. IN THE EVENT THAT A CHANGE IN THE  LOCATION  OF
 THE  CHIEF ADMINISTRATIVE OFFICES OF A SPECIAL EDUCATION SCHOOL OR EARLY
 INTERVENTION AGENCY IS CONTEMPLATED, THE OWNER SHALL NOTIFY  THE  OFFICE
 OF  PROFESSIONS  OF  THE  DEPARTMENT  OF THE CHANGE OF LOCATION AT LEAST
 THIRTY DAYS PRIOR TO RELOCATION.
 S. 4007                            254                           A. 3007
 
   6. PROFESSIONAL PRACTICE. A. NOTWITHSTANDING ANY  OTHER  PROVISION  OF
 LAW TO THE CONTRARY, A SPECIAL EDUCATION SCHOOL OPERATING UNDER A WAIVER
 MAY  EMPLOY INDIVIDUALS LICENSED OR OTHERWISE AUTHORIZED TO PRACTICE ANY
 PROFESSION PURSUANT TO THIS TITLE TO CONDUCT COMPONENTS OF A  MULTI-DIS-
 CIPLINARY  EVALUATION  OF A CHILD WITH A DISABILITY OR A CHILD SUSPECTED
 OF HAVING A DISABILITY OR TO PROVIDE RELATED SERVICES TO  CHILDREN  WITH
 DISABILITIES ENROLLED IN THE SCHOOL OR MAY PROVIDE COMPONENTS OF SUCH AN
 EVALUATION  OR  SUCH  RELATED  SERVICES  BY  CONTRACT WITH AN INDIVIDUAL
 LICENSED OR OTHERWISE AUTHORIZED TO PRACTICE PURSUANT TO THIS TITLE OR A
 NOT-FOR-PROFIT CORPORATION, EDUCATION CORPORATION, BUSINESS CORPORATION,
 LIMITED LIABILITY COMPANY OR PROFESSIONAL SERVICES  ORGANIZATION  ESTAB-
 LISHED  PURSUANT  TO  ARTICLE  FIFTEEN  OF THE BUSINESS CORPORATION LAW,
 ARTICLE TWELVE OR THIRTEEN OF THE LIMITED LIABILITY COMPANY LAW OR ARTI-
 CLE EIGHT-B OF THE PARTNERSHIP LAW AUTHORIZED  BY  LAW  TO  PROVIDE  THE
 APPLICABLE PROFESSIONAL SERVICES.
   B.  NOTWITHSTANDING  ANY  OTHER  PROVISION  OF LAW TO THE CONTRARY, AN
 EARLY INTERVENTION AGENCY OPERATING UNDER A WAIVER THAT IS  APPROVED  IN
 ACCORDANCE  WITH  TITLE TWO-A OF ARTICLE TWENTY-FIVE OF THIS CHAPTER MAY
 EMPLOY OR CONTRACT WITH INDIVIDUALS LICENSED OR OTHERWISE AUTHORIZED  TO
 PRACTICE  ANY PROFESSION PURSUANT TO THIS TITLE OR WITH A NOT-FOR-PROFIT
 CORPORATION,  EDUCATION  CORPORATION,  BUSINESS   CORPORATION,   LIMITED
 LIABILITY  COMPANY  OR  PROFESSIONAL  SERVICES  ORGANIZATION ESTABLISHED
 PURSUANT TO ARTICLE FIFTEEN OF THE  BUSINESS  CORPORATION  LAW,  ARTICLE
 TWELVE  OR  THIRTEEN  OF  THE  LIMITED  LIABILITY COMPANY LAW OR ARTICLE
 EIGHT-B OF THE PARTNERSHIP LAW AUTHORIZED TO CONDUCT EARLY  INTERVENTION
 PROGRAM  MULTI-DISCIPLINARY  EVALUATIONS,  PROVIDE  SERVICE COORDINATION
 SERVICES AND EARLY INTERVENTION PROGRAM SERVICES.
   C. A SPECIAL EDUCATION SCHOOL OR EARLY INTERVENTION  AGENCY  OPERATING
 UNDER  A  WAIVER  SHALL NOT PRACTICE ANY PROFESSION LICENSED PURSUANT TO
 THIS ARTICLE OR HOLD ITSELF OUT TO THE PUBLIC AS AUTHORIZED  TO  PROVIDE
 PROFESSIONAL  SERVICES  PURSUANT TO THIS ARTICLE EXCEPT AS AUTHORIZED BY
 THIS SECTION OR OTHERWISE AUTHORIZED BY LAW.
   7. SUPERVISION OF PROFESSIONAL PRACTICE. A SPECIAL EDUCATION SCHOOL OR
 EARLY INTERVENTION AGENCY SHALL BE UNDER THE SUPERVISION OF THE  DEPART-
 MENT AND BE SUBJECT TO DISCIPLINARY PROCEEDINGS AND PENALTIES. A SPECIAL
 EDUCATION  SCHOOL  OR EARLY INTERVENTION AGENCY OPERATING UNDER A WAIVER
 SHALL BE SUBJECT TO SUSPENSION, REVOCATION OR ANNULMENT  OF  THE  WAIVER
 FOR CAUSE, IN THE SAME MANNER AND TO THE SAME EXTENT AS IS PROVIDED WITH
 RESPECT  TO  INDIVIDUALS AND THEIR LICENSES, CERTIFICATES, AND REGISTRA-
 TIONS IN THE PROVISIONS OF  THIS  ARTICLE  RELATING  TO  THE  APPLICABLE
 PROFESSION.  NOTWITHSTANDING  THE  PROVISIONS  OF  THIS  SUBDIVISION,  A
 SPECIAL EDUCATION SCHOOL OR EARLY INTERVENTION AGENCY THAT  CONDUCTS  OR
 CONTRACTS  FOR  A  COMPONENT  OF  A  MULTI-DISCIPLINARY  EVALUATION THAT
 INVOLVES THE PRACTICE OF MEDICINE SHALL BE SUBJECT  TO  THE  PRE-HEARING
 PROCEDURES  AND  HEARING PROCEDURES AS IS PROVIDED WITH RESPECT TO INDI-
 VIDUAL PHYSICIANS AND THEIR LICENSES IN TITLE TWO-A OF  ARTICLE  TWO  OF
 THIS  CHAPTER. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRA-
 RY, UPON REVOCATION OR OTHER TERMINATION BY THE COMMISSIONER OF APPROVAL
 OF THE SPECIAL EDUCATION SCHOOL PURSUANT TO ARTICLE EIGHTY-NINE  OF  THE
 EDUCATION  LAW AND THE REGULATIONS OF THE COMMISSIONER IMPLEMENTING SUCH
 ARTICLE OR TERMINATION OF THE  EARLY  INTERVENTION  AGENCY  PURSUANT  TO
 TITLE  TWO-A  OF  ARTICLE  TWENTY-FIVE  OF THIS CHAPTER AND IMPLEMENTING
 REGULATIONS BY THE COMMISSIONER  PURSUANT  TO  SUBDIVISION  EIGHTEEN  OF
 SECTION  FORTY-FOUR  HUNDRED THREE OF THE EDUCATION LAW, THE SCHOOL'S OR
 EARLY INTERVENTION AGENCY'S WAIVER PURSUANT TO  THIS  SECTION  SHALL  BE
 DEEMED REVOKED AND ANNULLED.
 S. 4007                            255                           A. 3007
 
   §  6504.  REGULATION  OF THE PROFESSIONS. ADMISSION TO THE PRACTICE OF
 THE PROFESSIONS, LICENSING AND REGULATION  OF  SUCH  PRACTICE  SHALL  BE
 SUPERVISED AND ADMINISTERED BY THE DEPARTMENT, ASSISTED BY A STATE BOARD
 FOR EACH PROFESSION.
   §  6505.  CONSTRUCTION.  NO DEFINITION OF THE PRACTICE OF A PROFESSION
 SHALL BE CONSTRUED TO RESTRAIN OR RESTRICT THE  PERFORMANCE  OF  SIMILAR
 ACTS AUTHORIZED IN THE DEFINITION OF OTHER PROFESSIONS.
   § 6505-A. PROFESSIONAL REFERRALS. THERE SHALL BE NO MONETARY LIABILITY
 ON  THE PART OF, AND NO CAUSE OF ACTION FOR DAMAGES SHALL ARISE AGAINST,
 ANY ASSOCIATION OR SOCIETY OF PROFESSIONALS AUTHORIZED TO PRACTICE UNDER
 THIS ARTICLE, OR ANY EMPLOYEE, AGENT, OR MEMBER THEREOF,  FOR  REFERRING
 ANY PERSON TO A MEMBER OF THE PROFESSION REPRESENTED BY SUCH ASSOCIATION
 OR  SOCIETY  PROVIDED  THAT  SUCH  REFERRAL WAS MADE WITHOUT CHARGE AS A
 SERVICE TO THE PUBLIC, AND WITHOUT MALICE, AND IN THE REASONABLE  BELIEF
 THAT SUCH REFERRAL WAS WARRANTED, BASED UPON THE FACTS DISCLOSED.
   §  6505-B.  COURSE WORK OR TRAINING IN INFECTION CONTROL PRACTICES. 1.
 EVERY DENTIST, REGISTERED NURSE, LICENSED PRACTICAL  NURSE,  PODIATRIST,
 OPTOMETRIST  AND  DENTAL  HYGIENIST PRACTICING IN THE STATE SHALL, ON OR
 BEFORE JULY FIRST, NINETEEN HUNDRED NINETY-FOUR  AND  EVERY  FOUR  YEARS
 THEREAFTER,  COMPLETE COURSE WORK OR TRAINING APPROPRIATE TO THE PROFES-
 SIONAL'S  PRACTICE  APPROVED  BY  THE  DEPARTMENT  REGARDING   INFECTION
 CONTROL,  WHICH SHALL INCLUDE SEPSIS, AND BARRIER PRECAUTIONS, INCLUDING
 ENGINEERING AND WORK PRACTICE CONTROLS, IN  ACCORDANCE  WITH  REGULATORY
 STANDARDS  PROMULGATED  BY  THE  DEPARTMENT,  IN  CONSULTATION  WITH THE
 DEPARTMENT OF EDUCATION, WHICH SHALL BE CONSISTENT, AS FAR AS  APPROPRI-
 ATE,  WITH  SUCH STANDARDS ADOPTED BY THE DEPARTMENT PURSUANT TO SECTION
 TWO HUNDRED THIRTY-NINE OF THIS CHAPTER TO PREVENT THE  TRANSMISSION  OF
 HIV,  HBV, HCV AND INFECTIONS THAT COULD LEAD TO SEPSIS IN THE COURSE OF
 PROFESSIONAL PRACTICE. EACH SUCH  PROFESSIONAL  SHALL  DOCUMENT  TO  THE
 DEPARTMENT  AT THE TIME OF REGISTRATION COMMENCING WITH THE FIRST REGIS-
 TRATION AFTER JULY FIRST, NINETEEN HUNDRED NINETY-FOUR THAT THE  PROFES-
 SIONAL  HAS  COMPLETED  COURSE  WORK OR TRAINING IN ACCORDANCE WITH THIS
 SECTION, PROVIDED, HOWEVER THAT A PROFESSIONAL SUBJECT TO THE PROVISIONS
 OF PARAGRAPH (F) OF SUBDIVISION  ONE  OF  SECTION  TWENTY-EIGHT  HUNDRED
 FIVE-K  OF  THIS  CHAPTER  SHALL  NOT  BE REQUIRED TO SO DOCUMENT.   THE
 DEPARTMENT SHALL PROVIDE AN EXEMPTION FROM THIS  REQUIREMENT  TO  ANYONE
 WHO REQUESTS SUCH AN EXEMPTION AND WHO:
   A.  CLEARLY  DEMONSTRATES  TO THE DEPARTMENT'S SATISFACTION THAT THERE
 WOULD BE NO NEED FOR HIM OR HER TO COMPLETE SUCH COURSE WORK OR TRAINING
 BECAUSE OF THE NATURE OF HIS OR HER PRACTICE; OR
   B. THAT HE OR SHE HAS COMPLETED COURSE WORK OR TRAINING DEEMED BY  THE
 DEPARTMENT  TO  BE EQUIVALENT TO THE COURSE WORK OR TRAINING APPROVED BY
 THE DEPARTMENT PURSUANT TO THIS SECTION.
   2. THE DEPARTMENT SHALL CONSULT WITH ORGANIZATIONS  REPRESENTATIVE  OF
 PROFESSIONS,  INSTITUTIONS AND THOSE WITH EXPERTISE IN INFECTION CONTROL
 AND HIV, HBV, HCV AND INFECTIONS THAT COULD LEAD TO SEPSIS WITH  RESPECT
 TO THE REGULATORY STANDARDS PROMULGATED PURSUANT TO THIS SECTION.
   §  6505-C.  ARTICULATION  BETWEEN  MILITARY  AND CIVILIAN PROFESSIONAL
 CAREERS. 1. THE COMMISSIONER SHALL DEVELOP, JOINTLY WITH THE DIRECTOR OF
 THE DIVISION OF VETERANS' SERVICES, A PROGRAM TO FACILITATE ARTICULATION
 BETWEEN PARTICIPATION IN THE MILITARY SERVICE OF THE  UNITED  STATES  OR
 THE MILITARY SERVICE OF THE STATE AND ADMISSION TO PRACTICE OF A PROFES-
 SION.  THE  COMMISSIONER  AND  THE DIRECTOR OF THE DIVISION OF VETERANS'
 SERVICES SHALL  IDENTIFY,  REVIEW  AND  EVALUATE  PROFESSIONAL  TRAINING
 PROGRAMS  OFFERED  THROUGH  EITHER  THE  MILITARY  SERVICE OF THE UNITED
 STATES OR THE MILITARY SERVICE OF THE STATE WHICH MAY, WHERE APPLICABLE,
 S. 4007                            256                           A. 3007
 
 BE ACCEPTED BY THE DEPARTMENT AS EQUIVALENT EDUCATION  AND  TRAINING  IN
 LIEU  OF  ALL OR PART OF AN APPROVED PROGRAM.  PARTICULAR EMPHASIS SHALL
 BE PLACED ON THE IDENTIFICATION OF MILITARY PROGRAMS WHICH  HAVE  PREVI-
 OUSLY  BEEN  DEEMED ACCEPTABLE BY THE DEPARTMENT AS EQUIVALENT EDUCATION
 AND TRAINING, PROGRAMS WHICH MAY PROVIDE, WHERE  APPLICABLE,  EQUIVALENT
 EDUCATION  AND  TRAINING  FOR  THOSE  PROFESSIONS  WHICH ARE CRITICAL TO
 PUBLIC HEALTH AND SAFETY AND PROGRAMS WHICH MAY PROVIDE, WHERE  APPLICA-
 BLE,  EQUIVALENT  EDUCATION AND TRAINING FOR THOSE PROFESSIONS FOR WHICH
 SHORTAGES EXIST IN THE STATE OF NEW YORK.
   2. THE COMMISSIONER AND THE DIRECTOR  OF  THE  DIVISION  OF  VETERANS'
 SERVICES  SHALL  PREPARE  A  LIST  OF THOSE MILITARY PROGRAMS WHICH HAVE
 PREVIOUSLY BEEN DEEMED ACCEPTABLE BY THE DEPARTMENT AS EQUIVALENT EDUCA-
 TION AND TRAINING IN LIEU OF ALL OR PART OF AN APPROVED PROGRAM NO LATER
 THAN THE THIRTIETH OF AUGUST, TWO THOUSAND  THREE.  ON  AND  AFTER  SUCH
 DATE, SUCH LIST SHALL BE MADE AVAILABLE TO THE PUBLIC AND APPLICANTS FOR
 ADMISSION TO PRACTICE OF A PROFESSION.
   3.  THE  COMMISSIONER  AND  THE  DIRECTOR OF THE DIVISION OF VETERANS'
 SERVICES SHALL PREPARE A LIST  OF  THOSE  MILITARY  PROGRAMS  WHICH  MAY
 PROVIDE,  WHERE  APPLICABLE, EQUIVALENT EDUCATION AND TRAINING FOR THOSE
 PROFESSIONS WHICH ARE CRITICAL TO PUBLIC  HEALTH  AND  SAFETY,  PROGRAMS
 WHICH  MAY  PROVIDE, WHERE APPLICABLE, EQUIVALENT EDUCATION AND TRAINING
 FOR THOSE PROFESSIONS FOR WHICH SHORTAGES EXIST IN THE STATE OF NEW YORK
 AND ANY OTHER MILITARY PROGRAMS WHICH MAY, WHERE APPLICABLE, BE ACCEPTED
 BY THE DEPARTMENT AS EQUIVALENT EDUCATION AND TRAINING IN LIEU OF ALL OR
 PART OF AN APPROVED PROGRAM NO LATER THAN THE THIRTY-FIRST  OF  OCTOBER,
 TWO  THOUSAND  THREE.  ON  AND  AFTER SUCH DATE, SUCH LIST SHALL BE MADE
 AVAILABLE TO THE PUBLIC AND APPLICANTS FOR ADMISSION TO  PRACTICE  OF  A
 PROFESSION.
   4.  SUCH  LISTS SHALL BE PREPARED ANNUALLY NO LATER THAN THE THIRTIETH
 OF JUNE THEREAFTER WITH ADDITIONS AND  DELETIONS  MADE  JOINTLY  BY  THE
 COMMISSIONER  AND THE DIRECTOR OF THE DIVISION OF VETERANS' SERVICES AND
 MADE AVAILABLE TO THE PUBLIC AND APPLICANTS FOR ADMISSION TO PRACTICE OF
 A PROFESSION ON SUCH DATE.
 
                                SUBTITLE 2
                             STATE MANAGEMENT
 SECTION 6506.   SUPERVISION BY THE DEPARTMENT.
         6507.   ADMINISTRATION.
         6507-A. REGISTRATION FEE SURCHARGE.
         6508.   ASSISTANCE BY STATE BOARDS FOR THE PROFESSIONS.
   § 6506. SUPERVISION BY THE DEPARTMENT. THE DEPARTMENT SHALL  SUPERVISE
 THE  ADMISSION  TO  AND THE PRACTICE OF THE PROFESSIONS. IN SUPERVISING,
 THE DEPARTMENT MAY:
   1. PROMULGATE RULES, EXCEPT THAT NO RULE SHALL BE PROMULGATED CONCERN-
 ING TITLE THREE OF THIS ARTICLE;
   2. ESTABLISH BY RULE, HIGH SCHOOL, PREPROFESSIONAL,  PROFESSIONAL  AND
 OTHER   EDUCATIONAL   QUALIFICATIONS   REQUIRED  FOR  LICENSING  IN  THE
 PROFESSIONS REGULATED BY THIS ARTICLE;
   3. APPOINT SUCH  COMMITTEES  AS  IT  DEEMS  NECESSARY  AND  COMPENSATE
 MEMBERS  OF  SUCH COMMITTEES WHO ARE NOT MEMBERS OF THE DEPARTMENT UP TO
 ONE HUNDRED DOLLARS PER DAY FOR EACH DAY DEVOTED TO COMMITTEE FUNCTIONS,
 TOGETHER WITH THEIR NECESSARY EXPENSES;
   4. WAIVE EDUCATION, EXPERIENCE  AND  EXAMINATION  REQUIREMENTS  FOR  A
 PROFESSIONAL LICENSE PRESCRIBED IN THE TITLE RELATING TO THE PROFESSION,
 PROVIDED THE DEPARTMENT SHALL BE SATISFIED THAT THE REQUIREMENTS OF SUCH
 TITLE HAVE BEEN SUBSTANTIALLY MET;
 S. 4007                            257                           A. 3007

   5.  INDORSE  A LICENSE ISSUED BY A LICENSING BOARD OF ANOTHER STATE OR
 COUNTRY UPON THE APPLICANT FULFILLING THE FOLLOWING REQUIREMENTS:
   A. APPLICATION: FILE AN APPLICATION WITH THE DEPARTMENT;
   B.  EDUCATION:  MEET  EDUCATIONAL  REQUIREMENTS IN ACCORDANCE WITH THE
 COMMISSIONER'S REGULATIONS;
   C. EXPERIENCE: HAVE EXPERIENCE SATISFACTORY TO THE  STATE  BOARDS  FOR
 THE  PROFESSIONS  AS  PRESCRIBED IN THE TITLE RELATING TO THE PROFESSION
 AND IN ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS;
   D. EXAMINATION: PASS AN EXAMINATION SATISFACTORY TO THE  STATE  BOARDS
 FOR  THE  PROFESSIONS AS PRESCRIBED IN THE TITLE RELATING TO THE PROFES-
 SION AND IN ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS;
   E. AGE: BE AT LEAST TWENTY-ONE YEARS OF AGE;
   F. CITIZENSHIP OR IMMIGRATION STATUS: BE A UNITED STATES CITIZEN OR AN
 ALIEN LAWFULLY ADMITTED FOR PERMANENT RESIDENCE IN THE UNITED STATES;
   G. CHARACTER: BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE  DEPART-
 MENT; AND
   H.  PRIOR  PROFESSIONAL CONDUCT: WHERE AN APPLICATION IS SUBMITTED FOR
 LICENSURE ENDORSEMENT IN ANY PROFESSION REGULATED BY  THIS  ARTICLE  AND
 THE  DEPARTMENT  DETERMINES  THAT  WHILE  ENGAGED IN PRACTICE IN ANOTHER
 JURISDICTION THE APPLICANT: (I) HAS BEEN SUBJECT TO DISCIPLINARY  ACTION
 BY  A  DULY  AUTHORIZED  PROFESSIONAL  DISCIPLINARY AGENCY OF SUCH OTHER
 JURISDICTION, WHERE THE CONDUCT UPON WHICH THE DISCIPLINARY  ACTION  WAS
 BASED  WOULD,  IF COMMITTED IN NEW YORK STATE, CONSTITUTE PRACTICING THE
 PROFESSION BEYOND ITS AUTHORIZED SCOPE, WITH  GROSS  INCOMPETENCE,  WITH
 GROSS  NEGLIGENCE ON A PARTICULAR OCCASION, OR WITH NEGLIGENCE OR INCOM-
 PETENCE ON MORE THAN ONE OCCASION UNDER THE LAWS OF NEW YORK  STATE,  OR
 (II)  HAS  VOLUNTARILY  OR OTHERWISE SURRENDERED HIS OR HER PROFESSIONAL
 LICENSE IN ANOTHER JURISDICTION AFTER A DISCIPLINARY ACTION  WAS  INSTI-
 TUTED  BY  A  DULY  AUTHORIZED  PROFESSIONAL DISCIPLINARY AGENCY OF SUCH
 OTHER JURISDICTION, BASED ON CONDUCT THAT WOULD,  IF  COMMITTED  IN  NEW
 YORK  STATE,  CONSTITUTE PRACTICING THE PROFESSION BEYOND ITS AUTHORIZED
 SCOPE, WITH GROSS INCOMPETENCE, WITH GROSS NEGLIGENCE  ON  A  PARTICULAR
 OCCASION,  OR  WITH NEGLIGENCE OR INCOMPETENCE ON MORE THAN ONE OCCASION
 UNDER THE LAWS OF NEW YORK STATE,  THE  DEPARTMENT  SHALL  EVALUATE  THE
 CONDUCT  AND  MAY  DENY  LICENSURE ENDORSEMENT TO THE APPLICANT BASED ON
 SUCH CONDUCT;
   6. DIRECT THE DEPARTMENT TO REMEDY ANY ERROR, OMISSION, DELAY OR OTHER
 CIRCUMSTANCE IN THE ISSUANCE OR REGISTRATION OF A LICENSE;
   7. DESIGNATE A PROFESSIONAL CONDUCT OFFICER, WHO SHALL  BE  THE  CHIEF
 ADMINISTRATIVE  OFFICER  OF THE OFFICE OF THE PROFESSIONS, OR HIS OR HER
 DESIGNEE, IN  CONNECTION  WITH  PROFESSIONAL  LICENSING  AND  MISCONDUCT
 PROCEEDINGS  AND CRIMINAL MATTERS, SUCH OFFICER TO BE EMPOWERED TO ISSUE
 SUBPOENAS AND ADMINISTER OATHS IN CONNECTION WITH SUCH PROCEEDINGS;
   8. ESTABLISH BY RULE, STANDARDS OF CONDUCT WITH RESPECT  TO  ADVERTIS-
 ING, FEE SPLITTING, PRACTICING UNDER A NAME OTHER THAN THAT OF THE INDI-
 VIDUAL  LICENSEE  (WHEN  NOT  SPECIFICALLY  AUTHORIZED),  PROPER  USE OF
 ACADEMIC OR PROFESSIONAL DEGREES OR TITLES TENDING TO IMPLY PROFESSIONAL
 STATUS, AND SUCH OTHER ETHICAL PRACTICES AS SUCH BOARD SHALL DEEM NECES-
 SARY, EXCEPT THAT NO RULE SHALL BE ESTABLISHED CONCERNING TITLE  TWO  OF
 THIS ARTICLE; AND
   9.  DELEGATE  TO  DEPARTMENT OFFICERS THE DISPOSITION OF ANY LICENSING
 MATTERS PURSUANT TO RULES.
   § 6507. ADMINISTRATION.  1.  THE  COMMISSIONER  AND  DEPARTMENT  SHALL
 ADMINISTER THE ADMISSION TO AND THE PRACTICE OF THE PROFESSIONS.
   2. IN ADMINISTERING, THE COMMISSIONER MAY:
 S. 4007                            258                           A. 3007
 
   A. PROMULGATE REGULATIONS, EXCEPT THAT NO REGULATIONS SHALL BE PROMUL-
 GATED CONCERNING TITLE THREE OF THIS CHAPTER;
   B. CONDUCT INVESTIGATIONS;
   C. ISSUE SUBPOENAS;
   D. GRANT IMMUNITY FROM PROSECUTION IN ACCORDANCE WITH SECTION 50.20 OF
 THE  CRIMINAL PROCEDURE LAW TO ANYONE SUBPOENAED IN ANY INVESTIGATION OR
 HEARING CONDUCTED PURSUANT TO THIS ARTICLE; AND
   E. EXCUSE, FOR CAUSE ACCEPTABLE TO THE COMMISSIONER,  THE  FAILURE  TO
 REGISTER  WITH  THE DEPARTMENT. SUCH EXCUSE SHALL VALIDATE AND AUTHORIZE
 SUCH PRACTITIONER'S RIGHT TO PRACTICE PENDING REGISTRATION.
   3. THE DEPARTMENT ASSISTED BY THE BOARD FOR EACH PROFESSION, SHALL:
   A. ESTABLISH STANDARDS FOR PRE-PROFESSIONAL  AND  PROFESSIONAL  EDUCA-
 TION, EXPERIENCE AND LICENSING EXAMINATIONS AS REQUIRED TO IMPLEMENT THE
 TITLE  FOR  EACH PROFESSION. NOTWITHSTANDING ANY OTHER PROVISION OF LAW,
 THE COMMISSIONER SHALL ESTABLISH STANDARDS REQUIRING  THAT  ALL  PERSONS
 APPLYING,  ON  OR  AFTER  JANUARY  FIRST,  NINETEEN  HUNDRED NINETY-ONE,
 INITIALLY, OR FOR THE RENEWAL OF, A  LICENSE,  REGISTRATION  OR  LIMITED
 PERMIT  TO  BE  A  PHYSICIAN,  CHIROPRACTOR,  DENTIST, REGISTERED NURSE,
 PODIATRIST, OPTOMETRIST,  PSYCHIATRIST,  PSYCHOLOGIST,  LICENSED  MASTER
 SOCIAL  WORKER,  LICENSED CLINICAL SOCIAL WORKER, LICENSED CREATIVE ARTS
 THERAPIST, LICENSED  MARRIAGE  AND  FAMILY  THERAPIST,  LICENSED  MENTAL
 HEALTH  COUNSELOR,  LICENSED  PSYCHOANALYST,  DENTAL HYGIENIST, LICENSED
 BEHAVIOR ANALYST, OR CERTIFIED  BEHAVIOR  ANALYST  ASSISTANT  SHALL,  IN
 ADDITION  TO  ALL  THE OTHER LICENSURE, CERTIFICATION OR PERMIT REQUIRE-
 MENTS, HAVE COMPLETED TWO HOURS OF COURSEWORK OR TRAINING REGARDING  THE
 IDENTIFICATION  AND  REPORTING  OF  CHILD  ABUSE  AND  MALTREATMENT. THE
 COURSEWORK OR TRAINING SHALL BE OBTAINED FROM AN INSTITUTION OR PROVIDER
 WHICH HAS BEEN APPROVED BY THE DEPARTMENT TO PROVIDE SUCH COURSEWORK  OR
 TRAINING. THE COURSEWORK OR TRAINING SHALL INCLUDE INFORMATION REGARDING
 THE  PHYSICAL  AND BEHAVIORAL INDICATORS OF CHILD ABUSE AND MALTREATMENT
 AND THE STATUTORY  REPORTING  REQUIREMENTS  SET  OUT  IN  SECTIONS  FOUR
 HUNDRED THIRTEEN THROUGH FOUR HUNDRED TWENTY OF THE SOCIAL SERVICES LAW,
 INCLUDING  BUT  NOT LIMITED TO, WHEN AND HOW A REPORT MUST BE MADE, WHAT
 OTHER ACTIONS THE REPORTER IS MANDATED OR AUTHORIZED TO TAKE, THE  LEGAL
 PROTECTIONS  AFFORDED  REPORTERS,  AND  THE  CONSEQUENCES FOR FAILING TO
 REPORT. SUCH COURSEWORK OR TRAINING MAY ALSO INCLUDE INFORMATION REGARD-
 ING THE PHYSICAL AND BEHAVIORAL INDICATORS OF THE ABUSE  OF  INDIVIDUALS
 WITH  MENTAL RETARDATION AND OTHER DEVELOPMENTAL DISABILITIES AND VOLUN-
 TARY REPORTING OF ABUSED OR NEGLECTED ADULTS TO THE  OFFICE  FOR  PEOPLE
 WITH  DEVELOPMENTAL  DISABILITIES OR THE LOCAL ADULT PROTECTIVE SERVICES
 UNIT. EACH APPLICANT SHALL PROVIDE  THE  DEPARTMENT  WITH  DOCUMENTATION
 SHOWING  THAT HE OR SHE HAS COMPLETED THE REQUIRED TRAINING. THE DEPART-
 MENT SHALL PROVIDE AN EXEMPTION FROM THE CHILD  ABUSE  AND  MALTREATMENT
 TRAINING  REQUIREMENTS  TO  ANY APPLICANT WHO REQUESTS SUCH AN EXEMPTION
 AND WHO SHOWS, TO THE DEPARTMENT'S SATISFACTION, THAT THERE WOULD BE  NO
 NEED  BECAUSE  OF  THE  NATURE  OF HIS OR HER PRACTICE FOR HIM OR HER TO
 COMPLETE SUCH TRAINING;
   B. REVIEW QUALIFICATIONS IN CONNECTION  WITH  LICENSING  REQUIREMENTS;
 AND
   C. PROVIDE FOR LICENSING EXAMINATIONS AND REEXAMINATIONS.
   4. THE DEPARTMENT SHALL:
   A.  REGISTER  OR APPROVE EDUCATIONAL PROGRAMS DESIGNED FOR THE PURPOSE
 OF PROVIDING PROFESSIONAL PREPARATION WHICH MEET  STANDARDS  ESTABLISHED
 BY THE DEPARTMENT.
   B.  ISSUE  LICENSES,  REGISTRATIONS,  AND LIMITED PERMITS TO QUALIFIED
 APPLICANTS;
 S. 4007                            259                           A. 3007
 
   C. (I) ISSUE A CERTIFICATE OF AUTHORITY TO  A  QUALIFIED  PROFESSIONAL
 SERVICE  CORPORATION BEING ORGANIZED UNDER SECTION FIFTEEN HUNDRED THREE
 OF THE BUSINESS CORPORATION LAW OR  TO  A  UNIVERSITY  FACULTY  PRACTICE
 CORPORATION BEING ORGANIZED UNDER SECTION FOURTEEN HUNDRED TWELVE OF THE
 NOT-FOR-PROFIT  CORPORATION  LAW  ON PAYMENT OF A FEE OF NINETY DOLLARS,
 (II) REQUIRE SUCH CORPORATIONS TO FILE A CERTIFIED COPY OF EACH  CERTIF-
 ICATE  OF  INCORPORATION  AND AMENDMENT THERETO WITHIN THIRTY DAYS AFTER
 THE FILING OF SUCH CERTIFICATE OR AMENDMENT ON PAYMENT OF A FEE OF TWEN-
 TY DOLLARS, (III) REQUIRE SUCH CORPORATIONS TO FILE A  TRIENNIAL  STATE-
 MENT REQUIRED BY SECTION FIFTEEN HUNDRED FOURTEEN OF THE BUSINESS CORPO-
 RATION LAW ON PAYMENT OF A FEE OF ONE HUNDRED FIVE DOLLARS.
   D.  REVOKE  LIMITED  PERMITS ON THE RECOMMENDATION OF THE COMMITTEE ON
 PROFESSIONAL CONDUCT FOR THE PROFESSION CONCERNED,  EXCEPT  FOR  LIMITED
 PERMITS  ISSUED  TO  PHYSICIANS, PHYSICIAN'S ASSISTANTS AND SPECIALIST'S
 ASSISTANTS WHICH SHALL BE SUBJECT TO SECTIONS TWO  HUNDRED  THIRTY,  TWO
 HUNDRED  THIRTY-A, TWO HUNDRED THIRTY-B AND TWO HUNDRED THIRTY-C OF THIS
 CHAPTER;
   E. MAINTAIN PUBLIC RECORDS OF LICENSES ISSUED AND RETAIN IN ITS  FILES
 IDENTIFYING  DATA  CONCERNING  EACH  PERSON  TO  WHOM A LICENSE HAS BEEN
 ISSUED;
   F. COLLECT THE FEES PRESCRIBED BY THIS ARTICLE OR  OTHERWISE  PROVIDED
 BY LAW;
   G.  PREPARE  AN  ANNUAL  REPORT  FOR THE LEGISLATURE, THE GOVERNOR AND
 OTHER EXECUTIVE OFFICES, THE STATE BOARDS FOR THE  PROFESSIONS,  PROFES-
 SIONAL  SOCIETIES,  CONSUMER AGENCIES AND OTHER INTERESTED PERSONS. SUCH
 REPORT SHALL INCLUDE BUT NOT BE LIMITED TO A DESCRIPTION AND ANALYSIS OF
 THE ADMINISTRATIVE PROCEDURES AND OPERATIONS  OF  THE  DEPARTMENT  BASED
 UPON  A  STATISTICAL  SUMMARY RELATING TO (I) NEW LICENSURE, (II) DISCI-
 PLINE, (III) COMPLAINT, INVESTIGATION, AND HEARING BACKLOG, (IV) BUDGET,
 AND (V) THE STATE BOARDS FOR THE PROFESSIONS. INFORMATION PROVIDED SHALL
 BE ENUMERATED BY PROFESSION; AND
   H. ESTABLISH AN ADMINISTRATIVE UNIT WHICH SHALL BE RESPONSIBLE FOR THE
 INVESTIGATION, PROSECUTION AND DETERMINATION OF  ALLEGED  VIOLATIONS  OF
 PROFESSIONAL CONDUCT.
   5. WHERE AN APPLICATION IS SUBMITTED FOR LICENSURE OR A LIMITED PERMIT
 IN  ANY PROFESSION REGULATED BY THIS ARTICLE AND THE COMMISSIONER DETER-
 MINES THAT WHILE ENGAGED IN PRACTICE IN ANOTHER  JURISDICTION:  (I)  THE
 APPLICANT  HAS  BEEN SUBJECT TO DISCIPLINARY ACTION BY A DULY AUTHORIZED
 PROFESSIONAL DISCIPLINARY AGENCY OF SUCH OTHER JURISDICTION,  WHERE  THE
 CONDUCT UPON WHICH THE DISCIPLINARY ACTION WAS BASED WOULD, IF COMMITTED
 IN  NEW  YORK  STATE,  CONSTITUTE  PRACTICING  THE PROFESSION BEYOND ITS
 AUTHORIZED SCOPE, WITH GROSS INCOMPETENCE, WITH GROSS  NEGLIGENCE  ON  A
 PARTICULAR OCCASION, OR WITH NEGLIGENCE OR INCOMPETENCE ON MORE THAN ONE
 OCCASION  UNDER  THE  LAWS  OF NEW YORK STATE, OR (II) THE APPLICANT HAS
 VOLUNTARILY OR OTHERWISE SURRENDERED HIS OR HER PROFESSIONAL LICENSE  IN
 ANOTHER  JURISDICTION  AFTER  A  DISCIPLINARY ACTION WAS INSTITUTED BY A
 DULY AUTHORIZED PROFESSIONAL DISCIPLINARY AGENCY OF SUCH OTHER JURISDIC-
 TION BASED ON CONDUCT THAT  WOULD,  IF  COMMITTED  IN  NEW  YORK  STATE,
 CONSTITUTE  PRACTICING  THE PROFESSION BEYOND ITS AUTHORIZED SCOPE, WITH
 GROSS INCOMPETENCE, WITH GROSS NEGLIGENCE ON A PARTICULAR  OCCASION,  OR
 WITH NEGLIGENCE OR INCOMPETENCE ON MORE THAN ONE OCCASION UNDER THE LAWS
 OF  NEW  YORK  STATE,  THE DEPARTMENT SHALL EVALUATE THE CONDUCT AND THE
 COMMISSIONER MAY DENY LICENSURE OR ISSUANCE OF A LIMITED PERMIT  TO  THE
 APPLICANT BASED ON SUCH CONDUCT.
   6.  THE  COMMISSIONER AND THE DEPARTMENT SHALL PERFORM ANY OTHER FUNC-
 TIONS NECESSARY TO IMPLEMENT THIS ARTICLE.
 S. 4007                            260                           A. 3007
 
   § 6507-A. REGISTRATION  FEE  SURCHARGE.  THE  COMMISSIONER  IS  HEREBY
 AUTHORIZED  TO  IMPOSE  AND COLLECT A FIFTEEN PERCENT SURCHARGE, ROUNDED
 UPWARD TO THE NEAREST  DOLLAR,  ON  ANY  PROFESSIONAL  REGISTRATION  FEE
 IMPOSED  UNDER  THIS ARTICLE THAT IS SUBJECT TO DEPOSIT IN THE OFFICE OF
 THE PROFESSIONS ACCOUNT ESTABLISHED PURSUANT TO SECTION NINETY-SEVEN-NNN
 OF  THE  STATE  FINANCE  LAW. SUCH SURCHARGE SHALL NOT BE IMPOSED ON ANY
 SUCH FEE DEDICATED FOR  DEPOSIT  IN  THE  PROFESSIONAL  MEDICAL  CONDUCT
 ACCOUNT.
   § 6508. ASSISTANCE BY STATE BOARDS FOR THE PROFESSIONS. 1. A BOARD FOR
 EACH  PROFESSION SHALL BE APPOINTED BY THE DEPARTMENT ON THE RECOMMENDA-
 TION OF THE COMMISSIONER FOR THE PURPOSE OF ASSISTING THE DEPARTMENT  ON
 MATTERS  OF PROFESSIONAL LICENSING, PRACTICE, AND CONDUCT.  THE COMPOSI-
 TION OF EACH BOARD SHALL BE AS PRESCRIBED IN THE TITLE RELATING TO  EACH
 PROFESSION.  WITHIN EACH BOARD A COMMITTEE ON LICENSING MAY BE APPOINTED
 BY  THE BOARD CHAIRMAN. EXCEPT AS PROVIDED IN PARAGRAPH A OF THIS SUBDI-
 VISION, THE MEMBERSHIP OF EACH PROFESSIONAL  LICENSING  BOARD  SHALL  BE
 INCREASED  BY  ONE  MEMBER,  AND EACH SUCH BOARD SHALL HAVE AT LEAST ONE
 PUBLIC REPRESENTATIVE WHO SHALL BE SELECTED BY THE DEPARTMENT  FROM  THE
 GENERAL PUBLIC.
   A.  THE  MEMBERSHIP OF THE PROFESSIONAL LICENSING BOARDS CREATED UNDER
 SECTIONS SIXTY-FIVE HUNDRED TWENTY-THREE, SIXTY-EIGHT HUNDRED  FOUR  AND
 SIXTY-NINE  HUNDRED  THREE  OF  THIS  ARTICLE,  AND SECTION SEVENTY-FOUR
 HUNDRED THREE OF THE EDUCATION LAW SHALL BE INCREASED  BY  TWO  MEMBERS,
 AND  EACH SUCH BOARD SHALL HAVE AT LEAST TWO PUBLIC REPRESENTATIVES, WHO
 SHALL BE SELECTED BY THE DEPARTMENT FROM THE GENERAL PUBLIC.
   B. FOR THE PURPOSES OF THIS ARTICLE, A "PUBLIC  REPRESENTATIVE"  SHALL
 BE  A PERSON WHO IS A CONSUMER OF SERVICES PROVIDED BY THOSE LICENSED OR
 OTHERWISE SUPERVISED OR REGULATED BY THE BOARDS CREATED  HEREUNDER,  AND
 SHALL  NOT  BE,  NOR WITHIN FIVE YEARS IMMEDIATELY PRECEDING APPOINTMENT
 HAVE BEEN:
   (I) A LICENSEE OR PERSON OTHERWISE SUBJECT TO THE SUPERVISION OR REGU-
 LATION OF THE BOARD TO WHICH APPOINTED; OR
   (II) A PERSON MAINTAINING A CONTRACTUAL RELATIONSHIP WITH  A  LICENSEE
 OF  SUCH  BOARD,  WHICH  WOULD CONSTITUTE MORE THAN TWO PERCENTUM OF THE
 PRACTICE OR BUSINESS OF ANY SUCH LICENSEE, OR AN OFFICER,  DIRECTOR,  OR
 REPRESENTATIVE OF SUCH PERSON OR GROUP OF PERSONS.
   2.  EACH  STATE  BOARD  FOR THE PROFESSIONS AS PRESCRIBED IN THE TITLE
 RELATING TO EACH PROFESSION BOARD, OR ITS COMMITTEE ON LICENSING,  SHALL
 SELECT  OR PREPARE EXAMINATIONS, MAY CONDUCT ORAL AND PRACTICAL EXAMINA-
 TIONS AND REEXAMINATIONS, SHALL  FIX  PASSING  GRADES,  AND  ASSIST  THE
 DEPARTMENT IN OTHER LICENSING MATTERS AS PRESCRIBED BY THE DEPARTMENT.
   3.  EACH BOARD SHALL CONDUCT DISCIPLINARY PROCEEDINGS AS PRESCRIBED IN
 THIS ARTICLE AND SHALL ASSIST IN OTHER PROFESSIONAL CONDUCT  MATTERS  AS
 PRESCRIBED BY THE DEPARTMENT.
   4.  MEMBERS  OF  EACH  BOARD  SHALL BE APPOINTED BY THE DEPARTMENT FOR
 FIVE-YEAR TERMS EXCEPT THAT THE TERMS OF THOSE FIRST APPOINTED SHALL  BE
 ARRANGED  SO  THAT AS NEARLY AS POSSIBLE AN EQUAL NUMBER SHALL TERMINATE
 ANNUALLY. A VACANCY OCCURRING DURING  A  TERM  SHALL  BE  FILLED  BY  AN
 APPOINTMENT BY THE DEPARTMENT FOR THE UNEXPIRED TERM. EACH STATE PROFES-
 SIONAL  ASSOCIATION  OR  SOCIETY MAY NOMINATE ONE OR MORE CANDIDATES FOR
 EACH APPOINTMENT TO BE MADE TO THE BOARD FOR  ITS  PROFESSION,  BUT  THE
 DEPARTMENT  SHALL  NOT  BE  REQUIRED TO APPOINT CANDIDATES SO NOMINATED.
 FORMER MEMBERS OF A BOARD MAY BE RE-APPOINTED BY THE DEPARTMENT, ON  THE
 RECOMMENDATION  OF  THE  COMMISSIONER,  TO SERVE AS MEMBERS OF THE BOARD
 SOLELY FOR THE PURPOSES OF DISCIPLINARY PROCEEDINGS, PROCEEDINGS  RELAT-
 ING   TO  THE  MORAL  CHARACTER  OF  AN  APPLICANT  FOR  LICENSURE,  AND
 S. 4007                            261                           A. 3007
 
 PROCEEDINGS RELATING TO APPLICATIONS FOR THE RESTORATION  OF  A  PROFES-
 SIONAL  LICENSE.  IN  ADDITION,  EACH  BOARD SHALL ESTABLISH A ROSTER OF
 AUXILIARY MEMBERS FROM CANDIDATES NOMINATED BY PROFESSIONAL ASSOCIATIONS
 OR SOCIETIES FOR APPOINTMENT BY THE DEPARTMENT, ON THE RECOMMENDATION OF
 THE  COMMISSIONER,  TO  SERVE  AS  MEMBERS  OF  THE BOARD SOLELY FOR THE
 PURPOSES OF DISCIPLINARY PROCEEDINGS, PROCEEDINGS RELATING TO THE  MORAL
 CHARACTER  OF  AN  APPLICANT  FOR LICENSURE, AND PROCEEDINGS RELATING TO
 APPLICATIONS FOR THE RESTORATION OF A PROFESSIONAL LICENSE.
   5. EACH MEMBER OF A BOARD SHALL RECEIVE A CERTIFICATE OF  APPOINTMENT,
 SHALL  BEFORE  BEGINNING HIS OR HER TERM OF OFFICE FILE A CONSTITUTIONAL
 OATH OF OFFICE WITH THE SECRETARY OF STATE,  SHALL  RECEIVE  UP  TO  ONE
 HUNDRED  DOLLARS AS PRESCRIBED BY THE DEPARTMENT FOR EACH DAY DEVOTED TO
 BOARD WORK, AND SHALL BE REIMBURSED  FOR  HIS  NECESSARY  EXPENSES.  ANY
 MEMBER  MAY  BE  REMOVED  FROM A BOARD BY THE DEPARTMENT FOR MISCONDUCT,
 INCAPACITY OR NEGLECT OF DUTY.
   6. EACH BOARD SHALL ELECT FROM ITS MEMBERS A CHAIRMAN AND  VICE-CHAIR-
 MAN  ANNUALLY,  SHALL  MEET UPON CALL OF THE CHAIRMAN OR THE DEPARTMENT,
 AND MAY ADOPT BYLAWS CONSISTENT WITH THIS ARTICLE AND  APPROVED  BY  THE
 DEPARTMENT.  A QUORUM FOR THE TRANSACTION OF BUSINESS BY THE BOARD SHALL
 BE A MAJORITY OF MEMBERS BUT NOT LESS THAN FIVE MEMBERS.
   7. AN EXECUTIVE SECRETARY TO EACH BOARD  SHALL  BE  APPOINTED  BY  THE
 DEPARTMENT  ON RECOMMENDATION OF THE COMMISSIONER. SUCH EXECUTIVE SECRE-
 TARY SHALL NOT BE A MEMBER OF THE BOARD, SHALL HOLD OFFICE AT THE PLEAS-
 URE OF, AND SHALL HAVE THE POWERS, DUTIES AND ANNUAL  SALARY  PRESCRIBED
 BY THE DEPARTMENT.
 
                                SUBTITLE 3
                          PROFESSIONAL MISCONDUCT
 SECTION 6509.   DEFINITIONS OF PROFESSIONAL MISCONDUCT.
         6509-A. ADDITIONAL DEFINITION OF PROFESSIONAL MISCONDUCT; LIMIT-
                   ED APPLICATION.
         6509-B. ADDITIONAL   DEFINITION   OF   PROFESSIONAL  MISCONDUCT;
                   ARREARS IN PAYMENT OF SUPPORT; LIMITED APPLICATION.
         6509-C. ADDITIONAL DEFINITION OF PROFESSIONAL MISCONDUCT;  FAIL-
                   URE   TO   COMPLY   IN   PATERNITY  OR  CHILD  SUPPORT
                   PROCEEDINGS; LIMITED APPLICATION.
         6509-D. LIMITED EXEMPTION FROM PROFESSIONAL MISCONDUCT.
         6509-E. ADDITIONAL DEFINITION OF PROFESSIONAL MISCONDUCT; MENTAL
                   HEALTH PROFESSIONALS.
         6510.   PROCEEDINGS IN CASES OF PROFESSIONAL MISCONDUCT.
         6510-A. TEMPORARY SURRENDER OF  LICENSES  DURING  TREATMENT  FOR
                   DRUG OR ALCOHOL ABUSE.
         6510-B. NURSE PEER ASSISTANCE PROGRAMS.
         6510-C. VOLUNTARY NON-DISCIPLINARY SURRENDER OF A LICENSE.
         6510-D. NURSES' REFUSAL OF OVERTIME WORK.
         6511.   PENALTIES FOR PROFESSIONAL MISCONDUCT.
   §  6509. DEFINITIONS OF PROFESSIONAL MISCONDUCT. EACH OF THE FOLLOWING
 IS PROFESSIONAL MISCONDUCT,  AND  ANY  LICENSEE  FOUND  GUILTY  OF  SUCH
 MISCONDUCT UNDER THE PROCEDURES PRESCRIBED IN SECTION SIXTY-FIVE HUNDRED
 TEN  OF  THIS  SUBTITLE  SHALL BE SUBJECT TO THE PENALTIES PRESCRIBED IN
 SECTION SIXTY-FIVE HUNDRED ELEVEN OF THIS SUBTITLE:
   1. OBTAINING THE LICENSE FRAUDULENTLY,
   2. PRACTICING  THE  PROFESSION  FRAUDULENTLY,  BEYOND  ITS  AUTHORIZED
 SCOPE,  WITH  GROSS  INCOMPETENCE, WITH GROSS NEGLIGENCE ON A PARTICULAR
 OCCASION OR NEGLIGENCE OR INCOMPETENCE ON MORE THAN ONE OCCASION,
 S. 4007                            262                           A. 3007

   3. PRACTICING THE PROFESSION WHILE THE ABILITY TO PRACTICE IS IMPAIRED
 BY ALCOHOL, DRUGS, PHYSICAL DISABILITY, OR MENTAL DISABILITY,
   4. BEING HABITUALLY DRUNK OR BEING DEPENDENT ON, OR A HABITUAL USER OF
 NARCOTICS,  BARBITURATES,  AMPHETAMINES,  HALLUCINOGENS,  OR OTHER DRUGS
 HAVING SIMILAR EFFECTS,
   5. A. BEING CONVICTED OF COMMITTING AN ACT CONSTITUTING A CRIME UNDER:
   (I) NEW YORK STATE LAW OR,
   (II) FEDERAL LAW OR,
   (III) THE LAW OF ANOTHER JURISDICTION AND WHICH, IF  COMMITTED  WITHIN
 THIS STATE, WOULD HAVE CONSTITUTED A CRIME UNDER NEW YORK STATE LAW;
   B.  HAVING  BEEN  FOUND  GUILTY  OF  IMPROPER PROFESSIONAL PRACTICE OR
 PROFESSIONAL MISCONDUCT BY A DULY AUTHORIZED  PROFESSIONAL  DISCIPLINARY
 AGENCY  OF  ANOTHER  STATE  WHERE THE CONDUCT UPON WHICH THE FINDING WAS
 BASED WOULD, IF COMMITTED IN NEW  YORK  STATE,  CONSTITUTE  PROFESSIONAL
 MISCONDUCT UNDER THE LAWS OF NEW YORK STATE;
   C. HAVING BEEN FOUND BY THE COMMISSIONER TO BE IN VIOLATION OF ARTICLE
 THIRTY-THREE THIS CHAPTER.
   D.  HAVING  HIS OR HER LICENSE TO PRACTICE MEDICINE REVOKED, SUSPENDED
 OR HAVING OTHER DISCIPLINARY ACTION TAKEN, OR HAVING HIS OR HER APPLICA-
 TION FOR A LICENSE REFUSED, REVOKED OR SUSPENDED OR  HAVING  VOLUNTARILY
 OR  OTHERWISE SURRENDERED HIS OR HER LICENSE AFTER A DISCIPLINARY ACTION
 WAS INSTITUTED BY A DULY AUTHORIZED PROFESSIONAL DISCIPLINARY AGENCY  OF
 ANOTHER STATE, WHERE THE CONDUCT RESULTING IN THE REVOCATION, SUSPENSION
 OR  OTHER  DISCIPLINARY ACTION INVOLVING THE LICENSE OR REFUSAL, REVOCA-
 TION OR SUSPENSION OF AN APPLICATION FOR A LICENSE OR THE  SURRENDER  OF
 THE  LICENSE  WOULD,  IF COMMITTED IN NEW YORK STATE, CONSTITUTE PROFES-
 SIONAL MISCONDUCT UNDER THE LAWS OF NEW YORK STATE.
   6. REFUSING TO PROVIDE PROFESSIONAL SERVICE TO  A  PERSON  BECAUSE  OF
 SUCH PERSON'S RACE, CREED, COLOR, OR NATIONAL ORIGIN,
   7.  PERMITTING,  AIDING  OR  ABETTING  AN UNLICENSED PERSON TO PERFORM
 ACTIVITIES REQUIRING A LICENSE,
   8. PRACTICING THE PROFESSION WHILE THE LICENSE IS SUSPENDED, OR  WILL-
 FULLY FAILING TO REGISTER OR NOTIFY THE DEPARTMENT OF ANY CHANGE OF NAME
 OR  MAILING ADDRESS, OR, IF A PROFESSIONAL SERVICE CORPORATION WILLFULLY
 FAILING TO COMPLY  WITH  SECTIONS  FIFTEEN  HUNDRED  THREE  AND  FIFTEEN
 HUNDRED  FOURTEEN  OF  THE  BUSINESS CORPORATION LAW OR, IF A UNIVERSITY
 FACULTY PRACTICE CORPORATION WILLFULLY FAILING TO COMPLY WITH PARAGRAPHS
 (B), (C) AND (D) OF SECTION FIFTEEN HUNDRED THREE  AND  SECTION  FIFTEEN
 HUNDRED FOURTEEN OF THE BUSINESS CORPORATION LAW,
   9.  COMMITTING UNPROFESSIONAL CONDUCT, AS DEFINED BY THE DEPARTMENT IN
 ITS RULES OR BY THE COMMISSIONER IN REGULATIONS APPROVED BY THE  DEPART-
 MENT,
   10.  A  VIOLATION  OF  SECTION TWENTY-EIGHT HUNDRED THREE-D OR TWENTY-
 EIGHT HUNDRED FIVE-K OF THIS CHAPTER,
   11. A VIOLATION OF SECTION SIXTY-FIVE HUNDRED FIVE-B OF THE  EDUCATION
 LAW  BY  A  PROFESSIONAL  OTHER  THAN  A  PROFESSIONAL  SUBJECT  TO  THE
 PROVISIONS OF PARAGRAPH (F) OF SUBDIVISION ONE OF  SECTION  TWENTY-EIGHT
 HUNDRED FIVE-K OF THIS CHAPTER,
   12. IN THE EVENT THAT THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION HAS
 REPORTED TO THE DEPARTMENT ALLEGED MISCONDUCT BY AN ARCHITECT OR PROFES-
 SIONAL  ENGINEER IN MAKING A CERTIFICATION UNDER SECTION NINETEEN OF THE
 TAX LAW, RELATING TO THE GREEN BUILDING TAX CREDIT, THE DEPARTMENT, UPON
 A HEARING AND A FINDING OF WILLFUL MISCONDUCT, MAY REVOKE THE LICENSE OF
 SUCH PROFESSIONAL OR PRESCRIBE SUCH OTHER PENALTY AS IT DETERMINES TO BE
 APPROPRIATE, OR
 S. 4007                            263                           A. 3007

   13. IN THE EVENT THAT ANY AGENCY DESIGNATED PURSUANT TO  TITLE  FOUR-B
 OF ARTICLE FOUR OF THE REAL PROPERTY TAX LAW, RELATING TO THE GREEN ROOF
 TAX  ABATEMENT,  HAS REPORTED TO THE DEPARTMENT ALLEGED MISCONDUCT BY AN
 ARCHITECT OR ENGINEER IN MAKING A CERTIFICATION UNDER  SUCH  TITLE,  THE
 DEPARTMENT,  UPON  A  HEARING  AND  A FINDING OF WILLFUL MISCONDUCT, MAY
 REVOKE THE LICENSE OF SUCH PROFESSIONAL OR PRESCRIBE SUCH OTHER  PENALTY
 AS IT DETERMINES TO BE APPROPRIATE,
   14.  IN  THE EVENT THAT ANY AGENCY DESIGNATED PURSUANT TO TITLE FOUR-C
 OF ARTICLE FOUR OF THE REAL PROPERTY TAX  LAW,  RELATING  TO  THE  SOLAR
 ELECTRIC GENERATING SYSTEM TAX ABATEMENT, HAS REPORTED TO THE DEPARTMENT
 ALLEGED MISCONDUCT BY AN ARCHITECT OR ENGINEER IN MAKING A CERTIFICATION
 UNDER  SUCH TITLE, THE DEPARTMENT, UPON A HEARING AND A FINDING OF WILL-
 FUL MISCONDUCT, MAY REVOKE THE LICENSE OF SUCH PROFESSIONAL OR PRESCRIBE
 SUCH OTHER PENALTY AS IT DETERMINES TO BE APPROPRIATE.
   § 6509-A. ADDITIONAL DEFINITION OF  PROFESSIONAL  MISCONDUCT;  LIMITED
 APPLICATION.  NOTWITHSTANDING ANY INCONSISTENT PROVISION OF THIS ARTICLE
 OR  OF ANY OTHER PROVISION OF LAW TO THE CONTRARY, THE LICENSE OR REGIS-
 TRATION OF A PERSON SUBJECT TO THE  PROVISIONS  OF  TITLES  SIX,  SEVEN,
 NINE, TEN, TWELVE, FOURTEEN, FIFTEEN, AND TWENTY-SIX OF THIS ARTICLE MAY
 BE  REVOKED,  SUSPENDED OR ANNULLED OR SUCH PERSON MAY BE SUBJECT TO ANY
 OTHER PENALTY PROVIDED IN SECTION  SIXTY-FIVE  HUNDRED  ELEVEN  OF  THIS
 SUBTITLE  IN ACCORDANCE WITH THE PROVISIONS AND PROCEDURE OF THIS SUBTI-
 TLE FOR THE FOLLOWING:  THAT ANY PERSON SUBJECT TO THE ABOVE  ENUMERATED
 TITLES,  HAS  DIRECTLY OR INDIRECTLY REQUESTED, RECEIVED OR PARTICIPATED
 IN THE DIVISION, TRANSFERENCE, ASSIGNMENT, REBATE, SPLITTING OR  REFUND-
 ING  OF  A  FEE  FOR, OR HAS DIRECTLY REQUESTED, RECEIVED OR PROFITED BY
 MEANS OF A CREDIT OR  OTHER  VALUABLE  CONSIDERATION  AS  A  COMMISSION,
 DISCOUNT  OR  GRATUITY IN CONNECTION WITH THE FURNISHING OF PROFESSIONAL
 CARE, OR SERVICE, INCLUDING X-RAY EXAMINATION AND TREATMENT, OR  FOR  OR
 IN CONNECTION WITH THE SALE, RENTAL, SUPPLYING OR FURNISHING OF CLINICAL
 LABORATORY  SERVICES OR SUPPLIES, X-RAY LABORATORY SERVICES OR SUPPLIES,
 INHALATION THERAPY SERVICE OR EQUIPMENT, AMBULANCE SERVICE, HOSPITAL  OR
 MEDICAL  SUPPLIES,  PHYSIOTHERAPY OR OTHER THERAPEUTIC SERVICE OR EQUIP-
 MENT, ARTIFICIAL LIMBS, TEETH OR EYES, ORTHOPEDIC OR SURGICAL APPLIANCES
 OR SUPPLIES, OPTICAL APPLIANCES, SUPPLIES OR EQUIPMENT, DEVICES FOR  AID
 OF  HEARING,  DRUGS,  MEDICATION OR MEDICAL SUPPLIES OR ANY OTHER GOODS,
 SERVICES OR SUPPLIES PRESCRIBED FOR MEDICAL DIAGNOSIS, CARE OR TREATMENT
 UNDER THIS CHAPTER, EXCEPT PAYMENT, NOT TO EXCEED THIRTY-THREE AND  ONE-
 THIRD PER CENTUM OF ANY FEE RECEIVED FOR X-RAY EXAMINATION, DIAGNOSIS OR
 TREATMENT,  TO  ANY HOSPITAL FURNISHING FACILITIES FOR SUCH EXAMINATION,
 DIAGNOSIS OR TREATMENT. NOTHING CONTAINED IN THIS SECTION SHALL PROHIBIT
 SUCH PERSONS FROM PRACTICING AS PARTNERS, IN GROUPS OR AS A PROFESSIONAL
 CORPORATION OR AS A UNIVERSITY FACULTY  PRACTICE  CORPORATION  NOR  FROM
 POOLING  FEES  AND  MONEYS RECEIVED, EITHER BY THE PARTNERSHIPS, PROFES-
 SIONAL CORPORATIONS, UNIVERSITY FACULTY PRACTICE CORPORATIONS OR  GROUPS
 BY  THE  INDIVIDUAL MEMBERS THEREOF, FOR PROFESSIONAL SERVICES FURNISHED
 BY ANY INDIVIDUAL PROFESSIONAL MEMBER, OR EMPLOYEE OF SUCH  PARTNERSHIP,
 CORPORATION OR GROUP, NOR SHALL THE PROFESSIONALS CONSTITUTING THE PART-
 NERSHIPS, CORPORATIONS OR GROUPS BE PROHIBITED FROM SHARING, DIVIDING OR
 APPORTIONING THE FEES AND MONEYS RECEIVED BY THEM OR BY THE PARTNERSHIP,
 CORPORATION  OR  GROUP  IN ACCORDANCE WITH A PARTNERSHIP OR OTHER AGREE-
 MENT; PROVIDED THAT NO SUCH PRACTICE AS  PARTNERS,  CORPORATIONS  OR  IN
 GROUPS  OR  POOLING  OF  FEES  OR MONEYS RECEIVED OR SHARED, DIVISION OR
 APPORTIONMENT OF FEES SHALL BE PERMITTED WITH RESPECT TO CARE AND TREAT-
 MENT UNDER THE WORKERS' COMPENSATION LAW EXCEPT AS EXPRESSLY  AUTHORIZED
 BY  THE  WORKERS'  COMPENSATION  LAW.  NOTHING CONTAINED IN THIS CHAPTER
 S. 4007                            264                           A. 3007
 
 SHALL PROHIBIT A MEDICAL OR DENTAL EXPENSE INDEMNITY CORPORATION  PURSU-
 ANT  TO  ITS CONTRACT WITH THE SUBSCRIBER FROM PRORATIONING A MEDICAL OR
 DENTAL EXPENSE INDEMNITY ALLOWANCE AMONG TWO OR  MORE  PROFESSIONALS  IN
 PROPORTION  TO  THE  SERVICES  RENDERED BY EACH SUCH PROFESSIONAL AT THE
 REQUEST OF THE SUBSCRIBER, PROVIDED THAT PRIOR TO PAYMENT  THEREOF  SUCH
 PROFESSIONALS  SHALL SUBMIT BOTH TO THE MEDICAL OR DENTAL EXPENSE INDEM-
 NITY CORPORATION AND TO THE SUBSCRIBER STATEMENTS ITEMIZING THE SERVICES
 RENDERED BY EACH SUCH PROFESSIONAL AND THE CHARGES THEREFOR.
   § 6509-B. ADDITIONAL DEFINITION OF PROFESSIONAL MISCONDUCT; ARREARS IN
 PAYMENT OF SUPPORT; LIMITED  APPLICATION.  1.  THE  PROVISIONS  OF  THIS
 SECTION  SHALL  APPLY  IN ALL CASES OF LICENSEE OR REGISTRANT ARREARS IN
 PAYMENT OF CHILD SUPPORT OR COMBINED CHILD AND SPOUSAL SUPPORT  REFERRED
 TO THE DEPARTMENT BY A COURT PURSUANT TO THE REQUIREMENTS OF SECTION TWO
 HUNDRED  FORTY-FOUR-C  OF  THE  DOMESTIC  RELATIONS  LAW  OR PURSUANT TO
 SECTION FOUR HUNDRED FIFTY-EIGHT-B OF THE FAMILY COURT ACT.
   2. UPON RECEIPT OF AN ORDER FROM THE COURT  PURSUANT  TO  ONE  OF  THE
 FOREGOING  PROVISIONS OF LAW, THE DEPARTMENT, IF IT FINDS SUCH PERSON TO
 BE SO LICENSED OR REGISTERED, SHALL WITHIN THIRTY  DAYS  OF  RECEIPT  OF
 SUCH  ORDER FROM THE COURT, PROVIDE NOTICE TO THE LICENSEE OR REGISTRANT
 OF, AND CAUSE THE REGENTS REVIEW COMMITTEE TO INITIATE, A HEARING  WHICH
 SHALL  BE  HELD  AT LEAST TWENTY DAYS AND NO MORE THAN THIRTY DAYS AFTER
 THE SENDING OF SUCH NOTICE TO THE LICENSEE OR  REGISTRANT.  THE  HEARING
 SHALL BE HELD SOLELY FOR THE PURPOSE OF DETERMINING WHETHER THERE EXISTS
 AS  OF THE DATE OF THE HEARING PROOF THAT FULL PAYMENT OF ALL ARREARS OF
 SUPPORT ESTABLISHED BY THE ORDER OF THE COURT TO BE DUE FROM THE  LICEN-
 SEE  OR  REGISTRANT  HAVE  BEEN  PAID.  PROOF OF SUCH PAYMENT SHALL BE A
 CERTIFIED CHECK SHOWING FULL PAYMENT OF ESTABLISHED ARREARS OR A  NOTICE
 ISSUED BY THE COURT OR BY THE SUPPORT COLLECTION UNIT WHERE THE ORDER IS
 PAYABLE  TO  THE  SUPPORT  COLLECTION UNIT DESIGNATED BY THE APPROPRIATE
 SOCIAL SERVICES DISTRICT. SUCH NOTICE SHALL STATE THAT FULL  PAYMENT  OF
 ALL  ARREARS  OF SUPPORT ESTABLISHED BY THE ORDER OF THE COURT TO BE DUE
 HAVE BEEN PAID. THE LICENSEE OR REGISTRANT SHALL BE GIVEN FULL  OPPORTU-
 NITY  TO  PRESENT  SUCH  PROOF OF PAYMENT AT THE HEARING IN PERSON OR BY
 COUNSEL. THE ONLY ISSUE TO BE DETERMINED BY THE REGENTS REVIEW COMMITTEE
 AS A RESULT OF THE HEARING IS WHETHER THE ARREARS  HAVE  BEEN  PAID.  NO
 EVIDENCE WITH RESPECT TO THE APPROPRIATENESS OF THE COURT ORDER OR ABIL-
 ITY  OF  THE RESPONDENT PARTY IN ARREARS TO COMPLY WITH SUCH ORDER SHALL
 BE RECEIVED OR CONSIDERED BY THE COMMITTEE.
   3. NOTWITHSTANDING ANY INCONSISTENT PROVISION OF THIS  ARTICLE  OR  OF
 ANY  OTHER PROVISION OF LAW TO THE CONTRARY, THE LICENSE OR REGISTRATION
 OF A PERSON SUBJECT TO THE PROVISIONS OF THIS ARTICLE AND/OR SUBJECT  TO
 THE  PROVISIONS  OF  TITLE TWO-A OF ARTICLE TWO OF THIS CHAPTER SHALL BE
 SUSPENDED IF, AT THE HEARING PROVIDED FOR BY  SUBDIVISION  TWO  OF  THIS
 SECTION, THE LICENSEE OR REGISTRANT FAILS TO PRESENT PROOF OF PAYMENT AS
 REQUIRED BY SUCH SUBDIVISION. SUCH SUSPENSION SHALL NOT BE LIFTED UNLESS
 THE COURT OR THE SUPPORT COLLECTION UNIT, WHERE THE COURT ORDER IS PAYA-
 BLE  TO THE SUPPORT COLLECTION UNIT DESIGNATED BY THE APPROPRIATE SOCIAL
 SERVICES DISTRICT, ISSUES NOTICE TO THE REGENTS  REVIEW  COMMITTEE  THAT
 FULL  PAYMENT  OF ALL ARREARS OF SUPPORT ESTABLISHED BY THE ORDER OF THE
 COURT TO BE DUE HAVE BEEN PAID.
   4. THE DEPARTMENT SHALL INFORM THE COURT OF ALL  ACTIONS  TAKEN  HERE-
 UNDER AS REQUIRED BY LAW.
   5.  THIS  SECTION  SHALL APPLY TO SUPPORT OBLIGATIONS PAID PURSUANT TO
 ANY ORDER OF CHILD SUPPORT OR CHILD AND  SPOUSAL  SUPPORT  ISSUED  UNDER
 PROVISIONS OF SECTION TWO HUNDRED THIRTY-SIX OR TWO HUNDRED FORTY OF THE
 S. 4007                            265                           A. 3007
 
 DOMESTIC  RELATIONS  LAW,  OR ARTICLE FOUR, FIVE OR FIVE-A OF THE FAMILY
 COURT ACT.
   6.  NOTWITHSTANDING  ANY  INCONSISTENT PROVISION OF THIS ARTICLE OR OF
 ANY OTHER PROVISION OF LAW TO  THE  CONTRARY,  THE  PROVISIONS  OF  THIS
 SECTION  SHALL  APPLY TO THE EXCLUSION OF ANY OTHER REQUIREMENTS OF THIS
 ARTICLE AND TO THE EXCLUSION OF ANY OTHER  REQUIREMENT  OF  LAW  TO  THE
 CONTRARY.
   § 6509-C. ADDITIONAL DEFINITION OF PROFESSIONAL MISCONDUCT; FAILURE TO
 COMPLY  IN  PATERNITY OR CHILD SUPPORT PROCEEDINGS; LIMITED APPLICATION.
 1. THE PROVISIONS OF THIS SECTION SHALL APPLY IN ALL CASES  OF  LICENSEE
 OR REGISTRANT FAILURE AFTER RECEIVING APPROPRIATE NOTICE, TO COMPLY WITH
 A  SUMMONS, SUBPOENA OR WARRANT RELATING TO A PATERNITY OR CHILD SUPPORT
 PROCEEDING REFERRED TO  THE  DEPARTMENT  BY  A  COURT  PURSUANT  TO  THE
 REQUIREMENTS  OF  SECTION  TWO  HUNDRED  FORTY-FOUR-C  OF  THE  DOMESTIC
 RELATIONS LAW OR PURSUANT TO SECTION FOUR HUNDRED FIFTY-EIGHT-B OR  FIVE
 HUNDRED FORTY-EIGHT-B OF THE FAMILY COURT ACT.
   2.  UPON  RECEIPT  OF  AN  ORDER FROM THE COURT PURSUANT TO ONE OF THE
 FOREGOING PROVISIONS OF LAW, THE DEPARTMENT, IF IT FINDS SUCH PERSON  TO
 BE  SO  LICENSED  OR  REGISTERED, SHALL WITHIN THIRTY DAYS OF RECEIPT OF
 SUCH ORDER FROM THE COURT, PROVIDE NOTICE TO THE LICENSEE OR  REGISTRANT
 THAT HIS OR HER LICENSE OR REGISTRATION SHALL BE SUSPENDED IN SIXTY DAYS
 UNLESS  THE CONDITIONS AS SET FORTH IN SUBDIVISION THREE OF THIS SECTION
 ARE MET.
   3. NOTWITHSTANDING ANY INCONSISTENT PROVISION OF THIS  ARTICLE  OR  OF
 ANY  OTHER PROVISION OF LAW TO THE CONTRARY, THE LICENSE OR REGISTRATION
 OF A PERSON SUBJECT TO THE PROVISIONS OF THIS ARTICLE AND/OR SUBJECT  TO
 THE  PROVISIONS  OF  TITLE TWO-A OF ARTICLE TWO OF THIS CHAPTER SHALL BE
 SUSPENDED UNLESS THE COURT TERMINATES ITS ORDER TO  COMMENCE  SUSPENSION
 PROCEEDINGS. SUCH SUSPENSION SHALL NOT BE LIFTED UNLESS THE COURT ISSUES
 AN  ORDER TO THE DEPARTMENT TERMINATING ITS ORDER TO COMMENCE SUSPENSION
 PROCEEDINGS.
   4. THE DEPARTMENT SHALL INFORM THE COURT OF ALL  ACTIONS  TAKEN  HERE-
 UNDER AS REQUIRED BY LAW.
   5.  THIS  SECTION  APPLIES  TO  PATERNITY OR CHILD SUPPORT PROCEEDINGS
 COMMENCED UNDER, AND SUPPORT OBLIGATIONS PAID PURSUANT TO ANY  ORDER  OF
 CHILD  SUPPORT  OR  CHILD AND SPOUSAL SUPPORT ISSUED UNDER PROVISIONS OF
 SECTION TWO HUNDRED THIRTY-SIX OR TWO  HUNDRED  FORTY  OF  THE  DOMESTIC
 RELATIONS  LAW,  OR  ARTICLE  FOUR, FIVE, FIVE-A OR FIVE-B OF THE FAMILY
 COURT ACT.
   6. NOTWITHSTANDING ANY INCONSISTENT PROVISION OF THIS  ARTICLE  OR  OF
 ANY  OTHER  PROVISION  OF  LAW  TO  THE CONTRARY, THE PROVISIONS OF THIS
 SECTION SHALL APPLY TO THE EXCLUSION OF ANY OTHER REQUIREMENTS  OF  THIS
 ARTICLE  AND  TO  THE  EXCLUSION  OF ANY OTHER REQUIREMENT OF LAW TO THE
 CONTRARY.
   § 6509-D. LIMITED EXEMPTION FROM PROFESSIONAL  MISCONDUCT.    NOTWITH-
 STANDING  ANY  OTHER  PROVISION  OF LAW TO THE CONTRARY, IT SHALL NOT BE
 CONSIDERED PROFESSIONAL MISCONDUCT PURSUANT TO  THIS  SUBTITLE  FOR  ANY
 PERSON  WHO  IS  LICENSED  UNDER THIS CHAPTER AND WHO WOULD OTHERWISE BE
 PROHIBITED FROM PRESCRIBING OR ADMINISTERING DRUGS PURSUANT TO THE TITLE
 THAT LICENSES SUCH INDIVIDUAL, TO ADMINISTER AN OPIOID ANTAGONIST IN THE
 EVENT OF AN EMERGENCY.
   § 6509-E. ADDITIONAL DEFINITION  OF  PROFESSIONAL  MISCONDUCT;  MENTAL
 HEALTH PROFESSIONALS.
   1. FOR THE PURPOSES OF THIS SECTION:
   A.  "MENTAL  HEALTH  PROFESSIONAL"  MEANS  A  PERSON  SUBJECT  TO  THE
 PROVISIONS OF TITLE SEVENTEEN, EIGHTEEN, OR TWENTY-FIVE OF THIS ARTICLE;
 S. 4007                            266                           A. 3007
 
 OR ANY OTHER PERSON DESIGNATED AS A MENTAL HEALTH PROFESSIONAL  PURSUANT
 TO LAW, RULE OR REGULATION.
   B.  "SEXUAL  ORIENTATION  CHANGE  EFFORTS" (I) MEANS ANY PRACTICE BY A
 MENTAL HEALTH PROFESSIONAL THAT SEEKS TO CHANGE AN  INDIVIDUAL'S  SEXUAL
 ORIENTATION, INCLUDING, BUT NOT LIMITED TO, EFFORTS TO CHANGE BEHAVIORS,
 GENDER IDENTITY, OR GENDER EXPRESSIONS, OR TO ELIMINATE OR REDUCE SEXUAL
 OR  ROMANTIC ATTRACTIONS OR FEELINGS TOWARDS INDIVIDUALS OF THE SAME SEX
 AND (II) SHALL NOT INCLUDE COUNSELING FOR A PERSON SEEKING TO TRANSITION
 FROM ONE GENDER TO ANOTHER, OR PSYCHOTHERAPIES THAT: (A) PROVIDE ACCEPT-
 ANCE, SUPPORT AND UNDERSTANDING  OF  PATIENTS  OR  THE  FACILITATION  OF
 PATIENTS'  COPING,  SOCIAL SUPPORT AND IDENTITY EXPLORATION AND DEVELOP-
 MENT, INCLUDING SEXUAL ORIENTATION-NEUTRAL INTERVENTIONS TO  PREVENT  OR
 ADDRESS UNLAWFUL CONDUCT OR UNSAFE SEXUAL PRACTICES; AND (B) DO NOT SEEK
 TO CHANGE SEXUAL ORIENTATION.
   2.  IT  SHALL  BE  PROFESSIONAL MISCONDUCT FOR A MENTAL HEALTH PROFES-
 SIONAL TO ENGAGE IN SEXUAL ORIENTATION CHANGE EFFORTS UPON  ANY  PATIENT
 UNDER  THE  AGE  OF  EIGHTEEN  YEARS, AND ANY MENTAL HEALTH PROFESSIONAL
 FOUND GUILTY OF SUCH  MISCONDUCT  UNDER  THE  PROCEDURES  PRESCRIBED  IN
 SECTION  SIXTY-FIVE HUNDRED TEN OF THIS SUBTITLE SHALL BE SUBJECT TO THE
 PENALTIES PRESCRIBED IN SECTION SIXTY-FIVE HUNDRED ELEVEN OF THIS SUBTI-
 TLE.
   § 6510. PROCEEDINGS IN CASES OF PROFESSIONAL MISCONDUCT. IN  CASES  OF
 PROFESSIONAL MISCONDUCT THE PROCEEDINGS SHALL BE AS FOLLOWS:
   1. PRELIMINARY PROCEDURES.
   A.  COMPLAINT. A COMPLAINT OF A LICENSEE'S PROFESSIONAL MISCONDUCT MAY
 BE MADE BY ANY PERSON TO THE EDUCATION DEPARTMENT.
   B. INVESTIGATION. THE  DEPARTMENT  SHALL  INVESTIGATE  EACH  COMPLAINT
 WHICH  ALLEGES CONDUCT CONSTITUTING PROFESSIONAL MISCONDUCT. THE RESULTS
 OF THE INVESTIGATION SHALL BE REFERRED TO THE PROFESSIONAL CONDUCT OFFI-
 CER DESIGNATED BY THE DEPARTMENT PURSUANT TO SECTION SIXTY-FIVE  HUNDRED
 SIX OF THIS SUBTITLE. IF SUCH OFFICER DECIDES THAT THERE IS NOT SUBSTAN-
 TIAL EVIDENCE OF PROFESSIONAL MISCONDUCT OR THAT FURTHER PROCEEDINGS ARE
 NOT  WARRANTED, NO FURTHER ACTION SHALL BE TAKEN. IF SUCH OFFICER, AFTER
 CONSULTATION WITH A PROFESSIONAL MEMBER OF THE  APPLICABLE  STATE  BOARD
 FOR  THE  PROFESSION,  DETERMINES  THAT THERE IS SUBSTANTIAL EVIDENCE OF
 PROFESSIONAL MISCONDUCT, AND THAT  FURTHER  PROCEEDINGS  ARE  WARRANTED,
 SUCH  PROCEEDINGS  SHALL  BE CONDUCTED PURSUANT TO THIS SECTION.  IF THE
 COMPLAINT INVOLVES A QUESTION OF PROFESSIONAL EXPERTISE, THEN SUCH OFFI-
 CER MAY SEEK, AND IF SO SHALL OBTAIN, THE CONCURRENCE OF  AT  LEAST  TWO
 MEMBERS OF A PANEL OF THREE MEMBERS OF THE APPLICABLE BOARD. THE DEPART-
 MENT  SHALL  CAUSE  A  PRELIMINARY  REVIEW  OF  EVERY REPORT MADE TO THE
 DEPARTMENT PURSUANT TO SECTION  TWENTY-EIGHT  HUNDRED  THREE-E  OF  THIS
 CHAPTER,  AS  ADDED  BY  CHAPTER  EIGHT HUNDRED SIXTY-SIX OF THE LAWS OF
 NINETEEN HUNDRED EIGHTY, SECTION FORTY-FOUR HUNDRED FIVE-B OF THIS CHAP-
 TER AND SECTION THREE HUNDRED FIFTEEN OF THE INSURANCE LAW, TO DETERMINE
 IF SUCH REPORT REASONABLY APPEARS TO REFLECT CONDUCT WARRANTING  FURTHER
 INVESTIGATION PURSUANT TO THIS SUBDIVISION.
   C.  CHARGES.  IN  ALL DISCIPLINARY PROCEEDINGS OTHER THAN THOSE TERMI-
 NATED BY AN ADMINISTRATIVE WARNING PURSUANT TO PARAGRAPH A  OF  SUBDIVI-
 SION  TWO OF THIS SECTION, THE DEPARTMENT SHALL PREPARE THE CHARGES. THE
 CHARGES SHALL STATE THE ALLEGED PROFESSIONAL MISCONDUCT AND SHALL  STATE
 CONCISELY  THE  MATERIAL FACTS BUT NOT THE EVIDENCE BY WHICH THE CHARGES
 ARE TO BE PROVED.
   D. RECORDS AND REPORTS AS  PUBLIC  INFORMATION.  IN  ALL  DISCIPLINARY
 PROCEEDINGS BROUGHT PURSUANT TO THIS SECTION OR IN ANY VOLUNTARY SETTLE-
 MENT OF A COMPLAINT BETWEEN THE LICENSEE AND THE DEPARTMENT, THE DEPART-
 S. 4007                            267                           A. 3007
 
 MENT SHALL NOTIFY THE LICENSEE IN WRITING THAT THE RECORD AND REPORTS OF
 SUCH  DISCIPLINARY  PROCEEDING  OR OF SUCH VOLUNTARY SETTLEMENT SHALL BE
 CONSIDERED MATTERS OF PUBLIC INFORMATION UNLESS SPECIFICALLY EXCEPTED IN
 THIS TITLE, OR IN ANY OTHER LAW OR APPLICABLE RULE OR REGULATION.
   E.  SERVICE  OF  CHARGES  AND  NOTICE OF HEARING. IN ORDER TO COMMENCE
 DISCIPLINARY PROCEEDINGS UNDER THIS ARTICLE, SERVICE OF A  COPY  OF  THE
 CHARGES  AND  NOTICE OF HEARING MUST BE COMPLETED TWENTY DAYS BEFORE THE
 DATE OF THE HEARING IF BY PERSONAL DELIVERY, AND MUST BE COMPLETED TWEN-
 TY-FIVE DAYS BEFORE THE DATE OF THE HEARING IF BY ANY OTHER METHOD.
   F. SERVICE OF CHARGES AND OF NOTICE OF HEARING UPON A NATURAL  PERSON.
 PERSONAL  SERVICE  OF  THE CHARGES AND NOTICE OF ANY HEARING PURSUANT TO
 SUBDIVISION TWO OR THREE OF THIS SECTION UPON A NATURAL PERSON SHALL  BE
 MADE BY ANY OF THE FOLLOWING METHODS:
   (I) BY DELIVERY WITHIN THE STATE TO THE PERSON TO BE SERVED;
   (II)  BY  DELIVERY  WITHIN  THE  STATE TO A PERSON OF SUITABLE AGE AND
 DISCRETION AT THE ACTUAL PLACE OF  BUSINESS,  DWELLING  PLACE  OR  USUAL
 PLACE OF ABODE OF THE PERSON TO BE SERVED AND EITHER:  (A) BY MAILING BY
 CERTIFIED  MAIL, RETURN RECEIPT REQUESTED, TO THE PERSON TO BE SERVED AT
 HIS OR HER LAST KNOWN RESIDENCE, OR (B) BY MAILING  BY  CERTIFIED  MAIL,
 RETURN  RECEIPT REQUESTED, TO THE PERSON TO BE SERVED AT HIS OR HER LAST
 ADDRESS ON FILE WITH THE DIVISION OF LICENSING SERVICES OF  THE  DEPART-
 MENT  IN  AN  ENVELOPE  BEARING  THE LEGEND "PERSONAL AND CONFIDENTIAL,"
 PROVIDED THAT, IN EITHER  CASE:  SUCH  DELIVERY  AND  MAILING  SHALL  BE
 EFFECTED  WITHIN  TWENTY  DAYS  OF  EACH OTHER; SERVICE PURSUANT TO THIS
 SUBPARAGRAPH SHALL BE COMPLETE TEN DAYS AFTER EITHER  THE  DELIVERY,  OR
 THE MAILING, WHICHEVER IS LATER; AND PROOF OF SERVICE SHALL, AMONG OTHER
 THINGS,  IDENTIFY  SUCH  PERSON OF SUITABLE AGE AND DISCRETION AND STATE
 THE DATE, TIME AND PLACE OF SUCH SERVICE; OR
   (III) WHERE SERVICE UNDER SUBPARAGRAPHS (I) AND (II) OF THIS PARAGRAPH
 CANNOT BE MADE WITH DUE DILIGENCE, A COPY OF THE CHARGES AND THE  NOTICE
 OF  HEARING SHALL BE SERVED BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED,
 TO THE PERSON'S LAST KNOWN ADDRESS ON FILE WITH THE DIVISION OF  LICENS-
 ING SERVICES OF THE DEPARTMENT OR BY AFFIXING THE CHANGES AND THE NOTICE
 OF  HEARING TO THE DOOR OF EITHER THE ACTUAL PLACE OF BUSINESS, DWELLING
 PLACE OR USUAL PLACE OF ABODE OF THE PERSON TO BE SERVED; PROVIDED THAT:
 SERVICE PURSUANT TO THIS SUBPARAGRAPH SHALL BE COMPLETE TEN  DAYS  AFTER
 SUCH  MAILING,  AND  PROOF  OF  SERVICE SHALL SET FORTH THE DEPARTMENT'S
 EFFORTS OF DUE DILIGENCE.
   G. SERVICE OF CHARGES AND NOTICE OF HEARING OUTSIDE OF THE STATE.    A
 NATURAL  PERSON  SUBJECT  TO  THE  JURISDICTION OF THE DEPARTMENT MAY BE
 SERVED WITH A COPY OF THE CHARGES AND THE NOTICE OF HEARING  OUTSIDE  OF
 THE STATE IN THE SAME MANNER AS SERVICE IS MADE WITHIN THE STATE, BY ANY
 PERSON AUTHORIZED TO MAKE SERVICE WITHIN THE STATE OF NEW YORK OR BY ANY
 PERSON  AUTHORIZED  TO MAKE SERVICE BY THE LAWS OF THE STATE, TERRITORY,
 POSSESSION OR COUNTRY IN WHICH SERVICE IS MADE OR BY ANY DULY  QUALIFIED
 ATTORNEY OR EQUIVALENT IN SUCH JURISDICTION.
   2. EXPEDITED PROCEDURES.
   A. VIOLATIONS. VIOLATIONS INVOLVING PROFESSIONAL MISCONDUCT OF A MINOR
 OR  TECHNICAL NATURE MAY BE RESOLVED BY EXPEDITED PROCEDURES AS PROVIDED
 IN PARAGRAPH B OR C OF THIS SUBDIVISION. FOR PURPOSES OF  THIS  SUBDIVI-
 SION, VIOLATIONS OF A MINOR OR TECHNICAL NATURE SHALL INCLUDE, BUT SHALL
 NOT  BE  LIMITED TO, ISOLATED INSTANCES OF VIOLATIONS CONCERNING PROFES-
 SIONAL ADVERTISING OR RECORD  KEEPING,  AND  OTHER  ISOLATED  VIOLATIONS
 WHICH  DO  NOT  DIRECTLY  AFFECT OR IMPAIR THE PUBLIC HEALTH, WELFARE OR
 SAFETY. THE DEPARTMENT SHALL MAKE RECOMMENDATIONS TO THE LEGISLATURE  ON
 OR BEFORE JUNE FIRST, NINETEEN HUNDRED EIGHTY-ONE, FOR THE FURTHER DEFI-
 S. 4007                            268                           A. 3007
 
 NITION  OF  VIOLATIONS  OF  A  MINOR  OR  TECHNICAL  NATURE. THE INITIAL
 INSTANCE OF ANY VIOLATION OF A MINOR OR TECHNICAL NATURE MAY BE RESOLVED
 BY THE ISSUANCE OF AN ADMINISTRATIVE WARNING PURSUANT TO PARAGRAPH B  OF
 THIS  SUBDIVISION. SUBSEQUENT INSTANCES OF SIMILAR VIOLATIONS OF A MINOR
 OR TECHNICAL NATURE WITHIN A PERIOD OF THREE YEARS MAY  BE  RESOLVED  BY
 THE PROCEDURE SET FORTH IN PARAGRAPH C OF THIS SUBDIVISION.
   B.  ADMINISTRATIVE  WARNING.  IF A PROFESSIONAL CONDUCT OFFICER, AFTER
 CONSULTATION WITH A PROFESSIONAL MEMBER OF THE STATE  BOARD,  DETERMINES
 THAT  THERE  IS SUBSTANTIAL EVIDENCE OF PROFESSIONAL MISCONDUCT BUT THAT
 IT IS AN INITIAL VIOLATION OF A MINOR OR TECHNICAL  NATURE  WHICH  WOULD
 NOT  JUSTIFY  THE  IMPOSITION OF A MORE SEVERE DISCIPLINARY PENALTY, THE
 MATTER MAY BE TERMINATED BY THE ISSUANCE OF AN  ADMINISTRATIVE  WARNING.
 SUCH  WARNINGS SHALL BE CONFIDENTIAL AND SHALL NOT CONSTITUTE AN ADJUDI-
 CATION OF GUILT OR BE USED AS EVIDENCE THAT THE LICENSEE  IS  GUILTY  OF
 THE ALLEGED MISCONDUCT. HOWEVER, IN THE EVENT OF A FURTHER ALLEGATION OF
 SIMILAR  MISCONDUCT BY THE SAME LICENSEE, THE MATTER MAY BE REOPENED AND
 FURTHER PROCEEDINGS INSTITUTED AS PROVIDED IN THIS SECTION.
   C. DETERMINATION OF PENALTY ON  UNCONTESTED  MINOR  VIOLATIONS.  IF  A
 PROFESSIONAL  CONDUCT  OFFICER,  AFTER  CONSULTATION WITH A PROFESSIONAL
 MEMBER OF THE STATE BOARD, DETERMINES THAT THERE IS SUBSTANTIAL EVIDENCE
 OF A VIOLATION OF A MINOR OR TECHNICAL NATURE, AND OF A NATURE  JUSTIFY-
 ING A PENALTY AS SPECIFIED IN THIS PARAGRAPH, THE DEPARTMENT MAY PREPARE
 AND  SERVE  CHARGES  EITHER  BY  PERSONAL  SERVICE OR BY CERTIFIED MAIL,
 RETURN RECEIPT REQUESTED. SUCH CHARGES SHALL INCLUDE  A  STATEMENT  THAT
 UNLESS AN ANSWER IS RECEIVED WITHIN TWENTY DAYS DENYING THE CHARGES, THE
 MATTER  SHALL  BE  REFERRED  TO  A VIOLATIONS COMMITTEE CONSISTING OF AT
 LEAST THREE MEMBERS OF THE STATE BOARD FOR THE PROFESSION, AT LEAST  ONE
 OF  WHOM  SHALL  BE  A  PUBLIC  REPRESENTATIVE,  FOR  DETERMINATION. THE
 VIOLATIONS PANEL SHALL BE APPOINTED BY THE EXECUTIVE  SECRETARY  OF  THE
 STATE BOARD. THE LICENSEE SHALL BE GIVEN AT LEAST FIFTEEN DAYS NOTICE OF
 THE  TIME AND PLACE OF THE MEETING OF THE VIOLATIONS COMMITTEE AND SHALL
 HAVE THE RIGHT TO APPEAR IN PERSON AND BY AN  ATTORNEY  AND  TO  MAKE  A
 STATEMENT  TO  THE COMMITTEE IN MITIGATION OR EXPLANATION OF THE MISCON-
 DUCT. THE DEPARTMENT MAY APPEAR AND MAKE A STATEMENT IN SUPPORT  OF  ITS
 POSITION.  THE  VIOLATIONS  COMMITTEE MAY ISSUE A CENSURE AND REPRIMAND,
 AND IN ADDITION, OR IN THE ALTERNATIVE, MAY IMPOSE A FINE NOT TO  EXCEED
 FIVE  HUNDRED  DOLLARS  FOR  EACH  SPECIFICATION  OF MINOR, OR TECHNICAL
 MISCONDUCT. IF THE FINE IS NOT PAID WITHIN THREE MONTHS THE  MATTER  MAY
 BE  REOPENED  AND  SHALL  BE SUBJECT TO THE HEARING AND REGENTS DECISION
 PROCEDURES OF THIS SECTION. THE DETERMINATION  OF  THE  PANEL  SHALL  BE
 FINAL  AND  SHALL  NOT  BE SUBJECT TO THE REGENTS DECISION PROCEDURES OF
 THIS SECTION. IF AN ANSWER IS FILED  DENYING  THE  CHARGES,  THE  MATTER
 SHALL BE PROCESSED AS PROVIDED IN SUBDIVISION THREE OF THIS SECTION.
   D.  CONVICTIONS  OF  CRIMES  OR ADMINISTRATIVE VIOLATIONS. IN CASES OF
 PROFESSIONAL MISCONDUCT BASED SOLELY UPON  A  VIOLATION  OF  SUBDIVISION
 FIVE  OF  SECTION  SIXTY-FIVE HUNDRED NINE OF THIS SUBTITLE, THE PROFES-
 SIONAL CONDUCT OFFICER MAY PREPARE AND SERVE THE CHARGES AND  MAY  REFER
 THE  MATTER  DIRECTLY  TO  A REGENTS REVIEW COMMITTEE FOR ITS REVIEW AND
 REPORT OF ITS FINDINGS, DETERMINATION AS TO GUILT, AND RECOMMENDATION AS
 TO THE MEASURE OF DISCIPLINE TO BE IMPOSED. IN SUCH CASES THE NOTICE  OF
 HEARING  SHALL  STATE THAT THE LICENSEE MAY FILE A WRITTEN ANSWER, BRIEF
 AND AFFIDAVITS; THAT THE  LICENSEE  MAY  APPEAR  PERSONALLY  BEFORE  THE
 REGENTS  REVIEW COMMITTEE, MAY BE REPRESENTED BY COUNSEL AND MAY PRESENT
 EVIDENCE OR SWORN TESTIMONY ON BEHALF OF THE LICENSEE,  AND  THE  NOTICE
 MAY  CONTAIN  SUCH OTHER INFORMATION AS MAY BE CONSIDERED APPROPRIATE BY
 THE DEPARTMENT. THE DEPARTMENT MAY ALSO PRESENT EVIDENCE OR SWORN TESTI-
 S. 4007                            269                           A. 3007
 
 MONY AT THE HEARING. A STENOGRAPHIC RECORD OF THE HEARING SHALL BE MADE.
 SUCH EVIDENCE OR SWORN TESTIMONY OFFERED AT THE MEETING OF  THE  REGENTS
 REVIEW  COMMITTEE SHALL BE LIMITED TO EVIDENCE AND TESTIMONY RELATING TO
 THE  NATURE AND SEVERITY OF THE PENALTY TO BE IMPOSED UPON THE LICENSEE.
 THE PRESIDING OFFICER AT THE MEETING OF  THE  REGENTS  REVIEW  COMMITTEE
 MAY,  IN HIS OR HER DISCRETION, REASONABLY LIMIT THE NUMBER OF WITNESSES
 WHOSE TESTIMONY WILL BE RECEIVED AND THE LENGTH OF TIME ANY WITNESS WILL
 BE PERMITTED TO TESTIFY. IN LIEU OF REFERRING THE MATTER TO THE  DEPART-
 MENT, THE REGENTS REVIEW COMMITTEE MAY REFER ANY SUCH MATTER FOR FURTHER
 PROCEEDINGS PURSUANT TO PARAGRAPH B OR C OF THIS SUBDIVISION OR SUBDIVI-
 SION THREE OF THIS SECTION.
   3. ADVERSARY PROCEEDINGS. CONTESTED DISCIPLINARY PROCEEDINGS AND OTHER
 DISCIPLINARY  PROCEEDINGS  NOT  RESOLVED  PURSUANT TO SUBDIVISION TWO OF
 THIS SECTION SHALL BE TRIED BEFORE A HEARING PANEL  OF  THE  APPROPRIATE
 STATE BOARD AS PROVIDED IN THIS SUBDIVISION.
   A.  NOTICE  OF HEARING. THE DEPARTMENT SHALL SET THE TIME AND PLACE OF
 THE HEARING AND SHALL PREPARE THE NOTICE OF HEARING. THE NOTICE OF HEAR-
 ING SHALL STATE (I) THE TIME AND PLACE OF THE  HEARING,  (II)  THAT  THE
 LICENSEE  MAY FILE A WRITTEN ANSWER TO THE CHARGES PRIOR TO THE HEARING,
 (III) THAT THE LICENSEE MAY APPEAR PERSONALLY AT THE HEARING AND MAY  BE
 REPRESENTED  BY  COUNSEL, (IV) THAT THE LICENSEE SHALL HAVE THE RIGHT TO
 PRODUCE WITNESSES AND EVIDENCE IN HIS BEHALF, TO CROSS-EXAMINE WITNESSES
 AND EXAMINE EVIDENCE PRODUCED AGAINST HIM, AND  TO  ISSUE  SUBPOENAS  IN
 ACCORDANCE  WITH THE PROVISIONS OF THE CIVIL PRACTICE LAW AND RULES, (V)
 THAT A STENOGRAPHIC RECORD OF THE HEARING WILL BE MADE,  AND  (VI)  SUCH
 OTHER INFORMATION AS MAY BE CONSIDERED APPROPRIATE BY THE DEPARTMENT.
   B.  HEARING  PANEL. THE HEARING SHALL BE CONDUCTED BY A PANEL OF THREE
 OR MORE MEMBERS, AT LEAST TWO OF WHOM SHALL BE MEMBERS OF THE APPLICABLE
 STATE BOARD FOR THE PROFESSION, AND AT LEAST ONE  OF  WHOM  SHALL  BE  A
 PUBLIC  REPRESENTATIVE  WHO IS A MEMBER OF THE APPLICABLE STATE BOARD OR
 OF THE STATE BOARD FOR ANOTHER  PROFESSION  LICENSED  PURSUANT  TO  THIS
 ARTICLE.  THE  EXECUTIVE  SECRETARY FOR THE APPLICABLE STATE BOARD SHALL
 APPOINT THE  PANEL  AND  SHALL  DESIGNATE  ITS  CHAIRPERSON.  AFTER  THE
 COMMENCEMENT OF A HEARING, NO PANEL MEMBER SHALL BE REPLACED. A DETERMI-
 NATION  BY  THE ADMINISTRATIVE OFFICER OF A NEED TO DISQUALIFY OR REMOVE
 ANY PANEL MEMBER WILL RESULT IN THE DISQUALIFICATION OR REMOVAL  OF  THE
 PANEL  AND  CAUSE A NEW PANEL TO BE APPOINTED. IN ADDITION TO SAID PANEL
 MEMBERS, THE  DEPARTMENT  SHALL  DESIGNATE  AN  ADMINISTRATIVE  OFFICER,
 ADMITTED  TO PRACTICE AS AN ATTORNEY IN THE STATE OF NEW YORK, WHO SHALL
 HAVE THE AUTHORITY TO RULE ON ALL MOTIONS, PROCEDURES  AND  OTHER  LEGAL
 OBJECTIONS AND SHALL DRAFT A REPORT FOR THE HEARING PANEL WHICH SHALL BE
 SUBJECT  TO  THE  APPROVAL  OF AND SIGNATURE BY THE PANEL CHAIRPERSON ON
 BEHALF OF THE PANEL. THE ADMINISTRATIVE OFFICER SHALL NOT BE ENTITLED TO
 A VOTE.
   C. CONDUCT OF HEARING. THE EVIDENCE IN SUPPORT OF THE CHARGES SHALL BE
 PRESENTED BY AN ATTORNEY FOR THE DEPARTMENT. THE LICENSEE SHALL HAVE THE
 RIGHTS REQUIRED TO BE STATED IN THE NOTICE OF HEARING. THE  PANEL  SHALL
 NOT  BE  BOUND  BY THE RULES OF EVIDENCE, BUT ITS DETERMINATION OF GUILT
 SHALL BE BASED ON A PREPONDERANCE OF THE EVIDENCE. A HEARING  WHICH  HAS
 BEEN  INITIATED  SHALL NOT BE DISCONTINUED BECAUSE OF THE DEATH OR INCA-
 PACITY TO SERVE OF ONE MEMBER OF THE HEARING PANEL.
   D. RESULTS OF HEARING. THE HEARING PANEL SHALL RENDER A WRITTEN REPORT
 WHICH SHALL INCLUDE (I) FINDINGS OF FACT, (II) A DETERMINATION OF GUILTY
 OR NOT GUILTY ON EACH CHARGE, AND (III) IN THE EVENT OF A  DETERMINATION
 OF  GUILTY, A RECOMMENDATION OF THE PENALTY TO BE IMPOSED. FOR THE PANEL
 TO MAKE A DETERMINATION OF GUILTY,  A  MINIMUM  OF  TWO  OF  THE  VOTING
 S. 4007                            270                           A. 3007
 
 MEMBERS  OF  THE PANEL MUST VOTE FOR SUCH A DETERMINATION. A COPY OF THE
 REPORT OF THE HEARING PANEL SHALL BE TRANSMITTED TO THE LICENSEE.
   4. REGENTS DECISION PROCEDURES.
   A.  REGENTS REVIEW COMMITTEE. THE TRANSCRIPT AND REPORT OF THE HEARING
 PANEL SHALL BE REVIEWED AT A  MEETING  BY  A  REGENTS  REVIEW  COMMITTEE
 APPOINTED  BY THE DEPARTMENT. THE REGENTS REVIEW COMMITTEE SHALL CONSIST
 OF THREE MEMBERS, AT LEAST ONE OF WHOM SHALL BE  A  REGENT  PURSUANT  TO
 SECTION TWO HUNDRED TWO OF THE EDUCATION LAW.
   B. REGENTS REVIEW COMMITTEE MEETINGS. THE REVIEW SHALL BE BASED ON THE
 TRANSCRIPT  AND THE REPORT OF THE HEARING PANEL. THE LICENSEE MAY APPEAR
 AT THE MEETING, AND THE REGENTS REVIEW COMMITTEE MAY REQUIRE THE  LICEN-
 SEE  TO  APPEAR. THE LICENSEE MAY BE REPRESENTED BY COUNSEL. THE DEPART-
 MENT SHALL NOTIFY THE LICENSEE AT LEAST SEVEN DAYS  BEFORE  THE  MEETING
 (I)  OF  THE TIME AND PLACE OF THE MEETING, (II) OF HIS RIGHT TO APPEAR,
 (III) OF HIS OR HER RIGHT TO BE REPRESENTED BY COUNSEL, (IV) WHETHER  OR
 NOT  HE  OR SHE IS REQUIRED TO APPEAR, AND (V) OF SUCH OTHER INFORMATION
 AS MAY BE CONSIDERED APPROPRIATE. AFTER THE MEETING, THE REGENTS  REVIEW
 COMMITTEE  SHALL  TRANSMIT A WRITTEN REPORT OF ITS REVIEW TO THE DEPART-
 MENT. IN CASES REFERRED DIRECTLY TO THE REGENTS REVIEW COMMITTEE  PURSU-
 ANT  TO PARAGRAPH D OF SUBDIVISION TWO OF THIS SECTION, THE REVIEW SHALL
 BE BASED UPON THE CHARGES, THE DOCUMENTARY  EVIDENCE  SUBMITTED  BY  THE
 DEPARTMENT,  ANY  ANSWER,  AFFIDAVITS  OR BRIEF THE LICENSEE MAY WISH TO
 SUBMIT, AND ANY EVIDENCE OR SWORN TESTIMONY PRESENTED BY THE LICENSEE OR
 THE DEPARTMENT AT THE HEARING, PURSUANT TO THE PROCEDURES  DESCRIBED  BY
 PARAGRAPH D OF SUBDIVISION TWO OF THIS SECTION.
   C.  REGENTS  DECISION AND ORDER. THE DEPARTMENT (I) SHALL CONSIDER THE
 TRANSCRIPT, THE REPORT OF THE HEARING  PANEL,  AND  THE  REPORT  OF  THE
 REGENTS  REVIEW  COMMITTEE,  (II)  SHALL  DECIDE WHETHER THE LICENSEE IS
 GUILTY OR NOT GUILTY ON EACH CHARGE, (III) SHALL DECIDE WHAT  PENALTIES,
 IF  ANY, TO IMPOSE AS PRESCRIBED IN SECTION SIXTY-FIVE HUNDRED ELEVEN OF
 THIS SUBTITLE, AND (IV) SHALL ISSUE AN ORDER TO CARRY OUT ITS DECISIONS.
 SUCH DECISIONS SHALL REQUIRE THE AFFIRMATIVE VOTE OF A MAJORITY  OF  THE
 MEMBERS  OF THE DEPARTMENT. IF THE DEPARTMENT DISAGREES WITH THE HEARING
 PANEL'S DETERMINATION OF NOT GUILTY, IT SHALL REMAND THE MATTER  TO  THE
 ORIGINAL  PANEL FOR RECONSIDERATION OR TO A NEW PANEL FOR A NEW HEARING.
 THE PANEL'S DETERMINATION OF NOT GUILTY  ON  RECONSIDERATION  OR  A  NEW
 HEARING  SHALL  BE  FINAL.  THE  ORDER SHALL BE SERVED UPON THE LICENSEE
 PERSONALLY OR BY CERTIFIED MAIL TO THE LICENSEE'S LAST KNOWN ADDRESS AND
 SUCH SERVICE SHALL BE EFFECTIVE AS OF THE DATE OF THE  PERSONAL  SERVICE
 OR FIVE DAYS AFTER MAILING BY CERTIFIED MAIL. THE LICENSEE SHALL DELIVER
 TO  THE  DEPARTMENT  THE  LICENSE AND REGISTRATION CERTIFICATE WHICH HAS
 BEEN REVOKED, ANNULLED, SUSPENDED, OR SURRENDERED WITHIN FIVE DAYS AFTER
 THE EFFECTIVE DATE OF THE SERVICE OF THE ORDER. IF THE LICENSE OR REGIS-
 TRATION CERTIFICATE IS LOST, MISPLACED OR ITS WHEREABOUTS  IS  OTHERWISE
 UNKNOWN,  THE  LICENSEE  SHALL  SUBMIT  AN AFFIDAVIT TO THAT EFFECT, AND
 SHALL DELIVER  SUCH  LICENSE  OR  CERTIFICATE  TO  THE  DEPARTMENT  WHEN
 LOCATED.
   5.  COURT  REVIEW  PROCEDURES.  THE DECISIONS OF THE DEPARTMENT MAY BE
 REVIEWED PURSUANT TO THE PROCEEDINGS UNDER ARTICLE SEVENTY-EIGHT OF  THE
 CIVIL  PRACTICE  LAW  AND  RULES.  SUCH  PROCEEDINGS SHALL BE RETURNABLE
 BEFORE THE APPELLATE DIVISION OF THE THIRD JUDICIAL DEPARTMENT, AND SUCH
 DECISIONS SHALL NOT BE STAYED OR ENJOINED  EXCEPT  UPON  APPLICATION  TO
 SUCH APPELLATE DIVISION AFTER NOTICE TO THE DEPARTMENT AND TO THE ATTOR-
 NEY  GENERAL  AND  UPON  A SHOWING THAT THE PETITIONER HAS A SUBSTANTIAL
 LIKELIHOOD OF SUCCESS.
 S. 4007                            271                           A. 3007
 
   5-A. AT ANY TIME, IF THE PROFESSIONAL CONDUCT OFFICER OR  HIS  OR  HER
 DESIGNEE  DESIGNATED  TO INVESTIGATE A COMPLAINT OF PROFESSIONAL MISCON-
 DUCT OF A LICENSED HEALTH CARE PROVIDER OR LICENSED MENTAL  HEALTH  CARE
 PROVIDER  DETERMINES  THAT THERE IS A REASONABLE BELIEF THAT AN ACT THAT
 CONSTITUTES  A  SEX  OFFENSE  IDENTIFIED IN PARAGRAPH (H) OF SUBDIVISION
 THREE OF SECTION 130.05 OF THE PENAL  LAW  HAS  BEEN  COMMITTED  BY  THE
 LICENSEE AGAINST A CLIENT OR PATIENT DURING A TREATMENT SESSION, CONSUL-
 TATION,  INTERVIEW,  OR EXAMINATION, THE PROFESSIONAL CONDUCT OFFICER OR
 THE OFFICE OF PROFESSIONAL DISCIPLINE SHALL NOTIFY THE  APPROPRIATE  LAW
 ENFORCEMENT OFFICIAL OR AUTHORITY.
   6.  THE  PROVISIONS  OF  SUBDIVISIONS ONE, TWO, THREE AND FOUR OF THIS
 SECTION SHALL NOT BE APPLICABLE TO PROCEEDINGS IN CASES OF  PROFESSIONAL
 MISCONDUCT INVOLVING THE MEDICAL PROFESSION, EXCEPT AS PROVIDED IN PARA-
 GRAPH (M) OF SUBDIVISION TEN OF SECTION TWO HUNDRED THIRTY OF THIS CHAP-
 TER.
   7.  NOTWITHSTANDING ANY OTHER PROVISION OF LAW, PERSONS WHO ASSIST THE
 DEPARTMENT AS CONSULTANTS OR EXPERT WITNESSES IN  THE  INVESTIGATION  OR
 PROSECUTION  OF  ALLEGED  PROFESSIONAL  MISCONDUCT,  LICENSURE  MATTERS,
 RESTORATION PROCEEDINGS, OR CRIMINAL PROSECUTIONS FOR UNAUTHORIZED PRAC-
 TICE, SHALL NOT BE LIABLE FOR DAMAGES IN ANY CIVIL ACTION OR  PROCEEDING
 AS  A RESULT OF SUCH ASSISTANCE, EXCEPT UPON PROOF OF ACTUAL MALICE. THE
 ATTORNEY GENERAL SHALL  DEFEND  SUCH  PERSONS  IN  ANY  SUCH  ACTION  OR
 PROCEEDING,  IN ACCORDANCE WITH SECTION SEVENTEEN OF THE PUBLIC OFFICERS
 LAW.
   8. THE FILES OF THE DEPARTMENT RELATING TO THE INVESTIGATION OF POSSI-
 BLE INSTANCES OF PROFESSIONAL MISCONDUCT, OR THE  UNLAWFUL  PRACTICE  OF
 ANY  PROFESSION  LICENSED  BY  THE  DEPARTMENT, OR THE UNLAWFUL USE OF A
 PROFESSIONAL TITLE OR THE MORAL FITNESS OF AN APPLICANT  FOR  A  PROFES-
 SIONAL  LICENSE  OR  PERMIT,  SHALL  BE  CONFIDENTIAL AND NOT SUBJECT TO
 DISCLOSURE AT THE REQUEST OF ANY PERSON, EXCEPT  UPON  THE  ORDER  OF  A
 COURT  IN A PENDING ACTION OR PROCEEDING.  THE PROVISIONS OF THIS SUBDI-
 VISION SHALL NOT APPLY TO DOCUMENTS INTRODUCED IN EVIDENCE AT A  HEARING
 HELD  PURSUANT TO THIS CHAPTER AND SHALL NOT PREVENT THE DEPARTMENT FROM
 SHARING INFORMATION CONCERNING INVESTIGATIONS WITH OTHER DULY AUTHORIZED
 PUBLIC AGENCIES RESPONSIBLE  FOR  PROFESSIONAL  REGULATION  OR  CRIMINAL
 PROSECUTION.
   9.  A  DISCIPLINARY PROCEEDING UNDER SUBDIVISION THREE OR FOUR OF THIS
 SECTION SHALL BE TREATED IN THE SAME MANNER AS AN ACTION  OR  PROCEEDING
 IN  SUPREME  COURT  FOR  THE  PURPOSE  OF ANY CLAIM BY COUNSEL OF ACTUAL
 ENGAGEMENT.
   § 6510-A. TEMPORARY SURRENDER OF LICENSES DURING TREATMENT FOR DRUG OR
 ALCOHOL ABUSE. 1.  THE LICENSE AND REGISTRATION OF A LICENSEE WHO MAY BE
 TEMPORARILY INCAPACITATED  FOR  THE  ACTIVE  PRACTICE  OF  A  PROFESSION
 LICENSED  PURSUANT TO THIS ARTICLE, EXCEPT PROFESSIONALS LICENSED PURSU-
 ANT TO TITLE TWO OR FOUR OF THIS ARTICLE, AND WHOSE  ALLEGED  INCAPACITY
 IS  THE  RESULT  OF  A  PROBLEM  OF  DRUG OR ALCOHOL ABUSE WHICH HAS NOT
 RESULTED IN HARM TO A PATIENT OR CLIENT, MAY BE VOLUNTARILY  SURRENDERED
 TO  THE  DEPARTMENT,  WHICH  MAY ACCEPT AND HOLD SUCH LICENSE DURING THE
 PERIOD OF SUCH ALLEGED INCAPACITY  OR  THE  DEPARTMENT  MAY  ACCEPT  THE
 SURRENDER  OF SUCH LICENSE AFTER AGREEMENT TO CONDITIONS TO BE MET PRIOR
 TO THE RESTORATION OF THE LICENSE. THE  DEPARTMENT  SHALL  GIVE  WRITTEN
 NOTIFICATION OF SUCH SURRENDER TO THE LICENSING AUTHORITIES OF ANY OTHER
 STATE  OR  COUNTRY  IN  WHICH THE LICENSEE IS AUTHORIZED TO PRACTICE. IN
 ADDITION TO THE  FOREGOING,  THE  DEPARTMENT  SHALL  ALSO  GIVE  WRITTEN
 NOTIFICATION  OF  SUCH SURRENDER, FOR PROFESSIONALS LICENSED PURSUANT TO
 TITLES SIX, SEVEN, TEN, OR TWELVE OF THIS ARTICLE TO THE COMMISSIONER OR
 S. 4007                            272                           A. 3007
 
 HIS OR HER DESIGNEE, AND WHERE APPROPRIATE TO EACH HOSPITAL AT WHICH THE
 PROFESSIONAL HAS PRIVILEGES, IS AFFILIATED, OR IS EMPLOYED. THE LICENSEE
 WHOSE LICENSE IS SO SURRENDERED SHALL NOTIFY  ALL  PERSONS  WHO  REQUEST
 PROFESSIONAL  SERVICES THAT HE OR SHE HAS TEMPORARILY WITHDRAWN FROM THE
 PRACTICE OF THE PROFESSION.  THE  DEPARTMENT  MAY  PROVIDE  FOR  SIMILAR
 NOTIFICATION  OF PATIENTS OR CLIENTS AND OF OTHER INTERESTED PARTIES, AS
 APPROPRIATE UNDER THE CIRCUMSTANCES OF  THE  PROFESSIONAL  PRACTICE  AND
 RESPONSIBILITIES  OF THE LICENSEE. THE LICENSURE STATUS OF SUCH LICENSEE
 SHALL BE "INACTIVE" AND HE OR SHE SHALL NOT BE  AUTHORIZED  TO  PRACTICE
 THE  PROFESSION  AND SHALL REFRAIN FROM PRACTICE IN THIS STATE OR IN ANY
 OTHER STATE OR COUNTRY. THE VOLUNTARY SURRENDER SHALL NOT BE  DEEMED  TO
 BE  AN  ADMISSION  OF DISABILITY OR OF PROFESSIONAL MISCONDUCT AND SHALL
 NOT BE USED AS EVIDENCE OF A VIOLATION OF SUBDIVISION THREE OR  FOUR  OF
 SECTION  SIXTY-FIVE  HUNDRED  NINE OF THIS SUBTITLE, UNLESS THE LICENSEE
 PRACTICES WHILE THE LICENSE IS "INACTIVE"; AND ANY SUCH  PRACTICE  SHALL
 CONSTITUTE A VIOLATION OF SUBDIVISION EIGHT OF SUCH SECTION. THE SURREN-
 DER  OF  A LICENSE UNDER THIS SUBDIVISION SHALL NOT BAR ANY DISCIPLINARY
 ACTION EXCEPT ACTION BASED SOLELY UPON  THE  PROVISIONS  OF  SUBDIVISION
 THREE  OR  FOUR OF SECTION SIXTY-FIVE HUNDRED NINE OF THIS SUBTITLE, AND
 ONLY IF NO HARM TO A PATIENT HAS RESULTED; AND SHALL NOT BAR  ANY  CIVIL
 OR  CRIMINAL  ACTION OR PROCEEDING WHICH MIGHT BE BROUGHT WITHOUT REGARD
 TO SUCH SURRENDER. A SURRENDERED LICENSE SHALL BE RESTORED UPON A  SHOW-
 ING TO THE SATISFACTION OF THE DEPARTMENT THAT THE LICENSEE IS NOT INCA-
 PACITATED  FOR  THE ACTIVE PRACTICE OF THE PROFESSION, PROVIDED THAT THE
 DEPARTMENT MAY, BY ORDER OF THE COMMISSIONER, IMPOSE  REASONABLE  CONDI-
 TIONS  ON  THE LICENSEE, IF IT DETERMINES THAT BECAUSE OF THE NATURE AND
 EXTENT OF THE LICENSEE'S FORMER INCAPACITY, SUCH CONDITIONS  ARE  NECES-
 SARY  TO  PROTECT  THE  HEALTH, SAFETY AND WELFARE OF THE PUBLIC. PROMPT
 WRITTEN NOTIFICATION OF SUCH RESTORATION SHALL BE GIVEN TO ALL LICENSING
 BODIES WHICH WERE NOTIFIED OF THE TEMPORARY SURRENDER OF THE LICENSE.
   2. THERE SHALL BE APPOINTED WITHIN THE DEPARTMENT, BY THE  DEPARTMENT,
 A COMMITTEE ON DRUG AND ALCOHOL ABUSE, WHICH SHALL ADVISE THE DEPARTMENT
 ON  MATTERS  RELATING TO PRACTICE BY PROFESSIONAL LICENSEES WITH DRUG OR
 ALCOHOL ABUSE PROBLEMS, AND WHICH SHALL  ADMINISTER  THE  PROVISIONS  OF
 THIS  SECTION. THE DEPARTMENT SHALL DETERMINE THE SIZE, COMPOSITION, AND
 TERMS OF OFFICE OF SUCH COMMITTEE, A MAJORITY OF THE  MEMBERS  OF  WHICH
 SHALL  BE  PERSONS  WITH EXPERTISE IN PROBLEMS OF DRUG OR ALCOHOL ABUSE.
 THE COMMITTEE SHALL RECOMMEND TO THE DEPARTMENT SUCH RULES AS ARE NECES-
 SARY TO CARRY OUT THE PURPOSES OF THIS SECTION, INCLUDING BUT NOT LIMIT-
 ED TO PROCEDURES FOR THE SUBMISSION OF APPLICATIONS FOR THE SURRENDER OF
 A LICENSE AND FOR THE REFERRAL OF CASES FOR INVESTIGATION OR PROSECUTION
 PURSUANT TO SECTION SIXTY-FIVE HUNDRED TEN OF THIS SUBTITLE IF A  LICEN-
 SEE FAILS TO COMPLY WITH THE CONDITIONS OF AN APPROVED PROGRAM OF TREAT-
 MENT.  THERE SHALL BE AN EXECUTIVE SECRETARY APPOINTED BY THE DEPARTMENT
 TO ASSIST THE COMMITTEE. THE EXECUTIVE SECRETARY SHALL EMPLOY, OR OTHER-
 WISE RETAIN, THE SERVICES OF A REGISTERED PROFESSIONAL NURSE WITH APPRO-
 PRIATE QUALIFICATIONS IN SUBSTANCE ABUSE AND ADDICTION TO ASSIST IN  THE
 IMPLEMENTATION  OF  THE  PROGRAM AUTHORIZED BY SECTION SIX THOUSAND FIVE
 HUNDRED TEN-C OF THIS SUBTITLE. DETERMINATIONS BY THE COMMITTEE RELATING
 TO LICENSEES SHALL BE MADE BY PANELS OF AT LEAST THREE  MEMBERS  OF  THE
 COMMITTEE  DESIGNATED  BY THE EXECUTIVE SECRETARY, WHO SHALL ALSO DESIG-
 NATE A MEMBER OF THE STATE BOARD FOR THE LICENSEE'S  PROFESSION  AS  THE
 EX-OFFICIO  NON-VOTING  MEMBER  OF EACH PANEL. IN THE CASE OF A DETERMI-
 NATION RELATING TO A LICENSED NURSE, AT LEAST ONE PANEL MEMBER MUST BE A
 REGISTERED PROFESSIONAL NURSE LICENSED BY THE STATE.
 S. 4007                            273                           A. 3007
 
   3. APPLICATION FOR THE SURRENDER OF A LICENSE PURSUANT TO THIS SECTION
 SHALL BE SUBMITTED TO THE  COMMITTEE,  AND  SHALL  IDENTIFY  A  PROPOSED
 TREATMENT  OR REHABILITATION PROGRAM, AND SHALL INCLUDE A CONSENT TO THE
 RELEASE OF ALL INFORMATION CONCERNING THE LICENSEE'S  TREATMENT  TO  THE
 COMMITTEE.  ALL  INFORMATION  CONCERNING  AN APPLICATION, OTHER THAN THE
 FACT OF THE SURRENDER OF  THE  LICENSE  AND  THE  PARTICIPATION  IN  THE
 PROGRAM  AND  THE SUCCESSFUL COMPLETION OR FAILURE OF OR WITHDRAWAL FROM
 THE PROGRAM, SHALL BE STRICTLY CONFIDENTIAL, AND MAY NOT BE RELEASED  BY
 THE COMMITTEE TO ANY PERSON OR BODY WITHOUT THE CONSENT OF THE LICENSEE.
 THE IMMUNITY FROM DISCIPLINARY ACTION CONFERRED BY THIS SECTION SHALL BE
 CONDITIONED UPON THE APPROVAL OF THE TREATMENT OR REHABILITATION PROGRAM
 BY  THE COMMITTEE AND ITS SUCCESSFUL COMPLETION BY THE APPLICANT AND THE
 ELIMINATION OF THE INCAPACITY TO PRACTICE. APPROVAL OF  A  TREATMENT  OR
 REHABILITATION PROGRAM BY THE COMMITTEE SHALL NOT CONSTITUTE A REPRESEN-
 TATION AS TO THE PROBABILITY OF SUCCESS OF THE PROGRAM OR ANY ASSUMPTION
 OF FINANCIAL RESPONSIBILITY FOR ITS COSTS.
   4. THE IMMUNITY FROM DISCIPLINARY ACTION CONFERRED BY THIS SECTION MAY
 BE  REVOKED BY THE COMMITTEE UPON A FINDING THAT THE LICENSEE HAS FAILED
 TO SUCCESSFULLY COMPLETE THE PROGRAM OR THAT THE INCAPACITY TO  PRACTICE
 HAS NOT BEEN ELIMINATED. SUCH REVOCATION SHALL BE MADE ONLY AFTER NOTICE
 AND  AN  OPPORTUNITY  TO  BE HEARD, BUT NO ADJUDICATORY HEARING SHALL BE
 REQUIRED. THE MATTER  SHALL  BE  REFERRED  FOR  APPROPRIATE  PROCEEDINGS
 PURSUANT TO SECTION SIXTY-FIVE HUNDRED TEN OF THIS SUBTITLE. THE LICENSE
 SHALL  BE  RETURNED UNLESS CHARGES ARE SERVED PURSUANT TO SECTION SIXTY-
 FIVE HUNDRED TEN OF THIS SUBTITLE WITHIN THIRTY DAYS AFTER  THE  REVOCA-
 TION OF THE APPROVAL OF THE SPECIAL TREATMENT AFFORDED BY THIS SECTION.
   5.  THE  COMMISSIONER  IS AUTHORIZED TO ADOPT REGULATIONS TO CARRY OUT
 THE PURPOSES OF THIS SECTION, INCLUDING BUT NOT LIMITED TO THE NOTICE OF
 TEMPORARY INACTIVE STATUS TO BE REQUIRED IN  DIFFERENT  PROFESSIONS  AND
 PRACTICE  SITUATIONS AND THE MEASURES REQUIRED UPON TEMPORARY WITHDRAWAL
 FROM PRACTICE.
   6. NO INDIVIDUAL WHO SERVES AS A MEMBER OF A COMMITTEE  WHOSE  PURPOSE
 IS TO CONFRONT AND REFER EITHER TO TREATMENT OR TO THE DEPARTMENT LICEN-
 SEES WHO ARE THOUGHT TO BE SUFFERING FROM ALCOHOLISM OR DRUG ABUSE SHALL
 BE  LIABLE  FOR DAMAGES TO ANY PERSON FOR ANY ACTION TAKEN BY SUCH INDI-
 VIDUAL PROVIDED SUCH ACTION WAS TAKEN  WITHOUT  MALICE  AND  WITHIN  THE
 SCOPE  OF  SUCH INDIVIDUAL'S FUNCTION AS A MEMBER OF SUCH COMMITTEE, AND
 PROVIDED FURTHER THAT SUCH COMMITTEE HAS BEEN ESTABLISHED BY  AND  FUNC-
 TIONS  UNDER  THE AUSPICES OF AN ASSOCIATION OR SOCIETY OF PROFESSIONALS
 AUTHORIZED TO PRACTICE UNDER THIS ARTICLE.
   7. IN ADDITION TO THE PROVISIONS OF SECTION TWO THOUSAND EIGHT HUNDRED
 THREE-E OF THIS CHAPTER, ANY ENTITY LICENSED PURSUANT TO ARTICLES  THIR-
 TY-SIX,  FORTY  AND  FORTY-FOUR  OF THIS CHAPTER, AND ANY MENTAL HYGIENE
 FACILITIES, AND CORRECTIONAL, OCCUPATIONAL, SCHOOL  AND  COLLEGE  HEALTH
 SERVICES SHALL PROVIDE A REPORT TO THE OFFICE OF PROFESSIONAL DISCIPLINE
 WHEN  THERE  IS  A  SUSPENSION, RESTRICTION, TERMINATION, CURTAILMENT OR
 RESIGNATION OF EMPLOYMENT OR PRIVILEGES IN ANY WAY RELATED TO A LICENSED
 NURSE THAT IS IMPAIRED WHEN THE  IMPAIRMENT  IS  ALLEGED  TO  HAVE  BEEN
 CAUSED  BY  A DRUG-RELATED PROBLEM. ANY PERSON, FACILITY, OR CORPORATION
 WHICH MAKES A REPORT PURSUANT TO THIS SECTION IN GOOD FAITH  SHALL  HAVE
 IMMUNITY  FROM  ANY LIABILITY, CIVIL OR CRIMINAL, FOR HAVING MADE SUCH A
 REPORT EXCEPT WHERE THE CONDUCT CONSTITUTES NEGLIGENCE, GROSS NEGLIGENCE
 OR INTENTIONAL MISCONDUCT. FOR THE PURPOSE OF ANY PROCEEDING,  CIVIL  OR
 CRIMINAL, THE GOOD FAITH OF ANY PERSON, FACILITY OR CORPORATION REQUIRED
 TO  MAKE A REPORT SHALL BE PRESUMED. SUCH PRESUMPTION MAY BE REBUTTED BY
 ANY COMPETENT EVIDENCE.
 S. 4007                            274                           A. 3007
 
   8. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE LICENSE AND  REGIS-
 TRATION OF A LICENSED DENTIST OR PHARMACIST WHO MAY BE TEMPORARILY INCA-
 PACITATED  FOR THE ACTIVE PRACTICE OF THEIR PROFESSION LICENSED PURSUANT
 TO TITLES SEVEN AND TEN OF THIS ARTICLE AND WHOSE ALLEGED INCAPACITY  IS
 THE  RESULT OF A PROBLEM OF DRUG OR ALCOHOL ABUSE WHICH HAS NOT RESULTED
 IN HARM TO A PATIENT OR CLIENT, MAY BE VOLUNTARILY  SURRENDERED  TO,  OR
 VOLUNTARILY OFFERED FOR ANY ALTERNATIVE DISPOSITION WITH THE DEPARTMENT,
 WHICH  MAY  ACCEPT  AND  HOLD SUCH LICENSE OR MAKE ANY OTHER DISPOSITION
 REGARDING SUCH LICENSE DEEMED APPROPRIATE UNDER  THE  CIRCUMSTANCES,  IF
 THE  DEPARTMENT  DETERMINES  THE HEALTH AND SAFETY OF THE PUBLIC WILL BE
 ADEQUATELY PROTECTED THEREBY, DURING THE PERIOD OF SUCH ALLEGED INCAPAC-
 ITY. THE DEPARTMENT MAY ACCEPT  THE  SURRENDER  OF  SUCH  LICENSE  AFTER
 AGREEMENT  TO  CONDITIONS  TO  BE  MET  PRIOR  TO THE RESTORATION OF THE
 LICENSE OR THE DEPARTMENT MAY TREAT THE LICENSE AS NOT  SURRENDERED  AND
 MAY  IMPOSE  CONDITIONS TO ALLOW THE LICENSEE TO RETAIN THE LICENSE. ALL
 OTHER PROVISIONS OF THIS SECTION SHALL BE APPLIED TO THE PROFESSIONS  OF
 DENTISTRY AND PHARMACY IN CONFORMITY WITH THIS SUBDIVISION.
   § 6510-B. NURSE PEER ASSISTANCE PROGRAMS. 1. AS USED IN THIS SECTION:
   A. "DRUG-RELATED PROBLEM" MEANS A PROBLEM OR PROBLEMS THAT ARE RELATED
 TO THE USE, MISUSE OR ADDICTION TO DRUGS OR ALCOHOL.
   B. "PARTICIPANT" MEANS AN INDIVIDUAL LICENSED PURSUANT TO TITLE TWELVE
 OF THIS ARTICLE WHO HAS OR MAY HAVE A DRUG-RELATED PROBLEM.
   C.  "APPROVED  NURSE PEER ASSISTANCE PROGRAM" MEANS A PROGRAM OPERATED
 BY THE NEW YORK STATE NURSES ASSOCIATION  OR  A  STATEWIDE  PROFESSIONAL
 ASSOCIATION  OF NURSES WHICH HAS EXPERIENCE IN PROVIDING PEER ASSISTANCE
 SERVICES TO NURSES WHO HAVE DRUG-RELATED PROBLEMS WHICH ARE DESIGNED  TO
 HELP A PARTICIPANT OR A LICENSEE'S EMPLOYER AND HAS BEEN APPROVED BY THE
 DEPARTMENT IN ACCORDANCE WITH CRITERIA ESTABLISHED IN REGULATIONS OF THE
 COMMISSIONER.
   D.  "PEER  ASSISTANCE  SERVICES"  INCLUDES  ASSESSING  THE  NEEDS OF A
 PARTICIPANT, INCLUDING EARLY IDENTIFICATION  OF  DRUG-RELATED  PROBLEMS,
 AND PROVIDING INFORMATION, SUPPORT, AND ADVICE AS REQUESTED BY A PARTIC-
 IPANT.
   2. A. THE DEPARTMENT SHALL PROVIDE FUNDS, INCLUDING BUT NOT LIMITED TO
 A PORTION OF THE FUNDS MADE AVAILABLE PURSUANT TO THE PROVISIONS OF THIS
 SECTION,  FOR  SERVICES  PROVIDED  BY  AN APPROVED NURSE PEER ASSISTANCE
 PROGRAM. FUNDS USED TO PROVIDE SERVICES SHALL NOT BE USED FOR THE TREAT-
 MENT OF PARTICIPANTS. FUNDED SERVICES SHALL INCLUDE, BUT NOT BE  LIMITED
 TO:
   (I)  PROVIDING  PEER  ASSISTANCE SERVICES FOR NURSES WITH DRUG-RELATED
 PROBLEMS;
   (II) MAINTAINING A TOLL-FREE TELEPHONE INFORMATION LINE FOR  ANONYMOUS
 NURSES,  THEIR  EMPLOYERS, AND OTHERS TO PROVIDE ASSISTANCE IN THE IDEN-
 TIFICATION OF SERVICES AND INFORMATION FOR NURSES DEALING WITH  DRUG-RE-
 LATED PROBLEMS;
   (III) TRAINING MONITORS FOR THE PROFESSIONAL ASSISTANCE PROGRAM;
   (IV)  ARRANGING FOR MENTAL HEALTH CONSULTANTS TO ASSESS NURSES FOR THE
 PROFESSIONAL ASSISTANCE PROGRAM, AS NEEDED; AND
   (V) PREPARING WRITTEN ASSESSMENTS OF NURSES  WHO  HAVE  BEEN  REFERRED
 FROM THE PROFESSIONAL ASSISTANCE PROGRAM.
   B.  AN  ADDITIONAL FEE OF FIFTEEN DOLLARS SHALL BE PAID AT THE TIME OF
 APPLICATION FOR LICENSURE AND FIRST REGISTRATION AND EVERY  REGISTRATION
 BY  THOSE  LICENSED  PURSUANT  TO  TITLE  TWELVE OF THIS ARTICLE FOR THE
 PURPOSE OF IMPLEMENTING THIS PROGRAM. THE  FUNDS  MADE  AVAILABLE  UNDER
 THIS  PROVISION  SHALL BE DEPOSITED IN THE OFFICE OF PROFESSIONS SPECIAL
 REVENUE ACCOUNT FOR ITS  PURPOSES  IN  IMPLEMENTING  THIS  SECTION.  THE
 S. 4007                            275                           A. 3007
 
 DEPARTMENT  MAY  USE  A  PORTION  OF  THIS AMOUNT FOR ITS ADMINISTRATIVE
 EXPENSES INCURRED IN IMPLEMENTING THIS PROGRAM INCLUDING, BUT NOT LIMIT-
 ED TO, EMPLOYMENT OF PERSONNEL, THE COSTS OF APPROVING  AND  CONTRACTING
 WITH  A PEER ASSISTANCE PROGRAM AS REQUIRED BY THIS SECTION AND OUTREACH
 ACTIVITIES TO PROMOTE THIS PROGRAM.
   3. NO APPROVED NURSE PEER ASSISTANCE PROGRAM OR INDIVIDUAL WHO  SERVES
 IN  AN APPROVED NURSE PEER ASSISTANCE PROGRAM SHALL BE LIABLE IN DAMAGES
 TO ANY PERSON FOR ANY ACTION TAKEN OR NOT TAKEN OR RECOMMENDATIONS  MADE
 UNLESS,  BASED  ON  THE FACTS DISCLOSED BY A PARTICIPANT, THE CONDUCT OF
 THE PROGRAM OR PERSON WITH RESPECT TO  THE  PERSON  ASSERTING  LIABILITY
 CONSTITUTED NEGLIGENCE, GROSS NEGLIGENCE, OR INTENTIONAL MISCONDUCT.
   4.  ALL  INFORMATION CONCERNING A PARTICIPANT GATHERED BY THE APPROVED
 NURSE PEER ASSISTANCE PROGRAM SHALL BE STRICTLY CONFIDENTIAL AND MAY NOT
 BE RELEASED TO ANY PERSON OR BODY WITHOUT THE  CONSENT  OF  THE  PARTIC-
 IPANT,  EXCEPT UPON THE ORDER OF A COURT IN A PENDING ACTION OR PROCEED-
 ING. AGGREGATE DATA MAY BE RELEASED TO THE COMMITTEE ON DRUG AND ALCOHOL
 ABUSE.
   § 6510-C. VOLUNTARY NON-DISCIPLINARY SURRENDER OF A LICENSE. A PROFES-
 SIONAL WHO IS LICENSED PURSUANT TO TITLE  TWELVE  OF  THIS  ARTICLE  MAY
 VOLUNTARILY  SURRENDER  A  LICENSE  TO THE COMMITTEE ON DRUG AND ALCOHOL
 ABUSE WHEN SUCH LICENSEE REQUESTS TO BE MONITORED  AND/OR  RECEIVE  PEER
 SUPPORT  SERVICES  IN RELATION TO THE USE, MISUSE OR ADDICTION TO DRUGS.
 THE COMMITTEE SHALL ACCEPT SUCH VOLUNTARY NON-DISCIPLINARY SURRENDER  OF
 A  LICENSE AND PROVIDE FOR EXPEDITED REINSTATEMENT OF THE LICENSE IF THE
 LICENSEE MEETS  CRITERIA  SET  BY  THE  COMMITTEE.  SUCH  CRITERIA  WILL
 INCLUDE,  BUT  NOT  BE LIMITED TO, CONFIDENCE THAT THE LICENSEE'S USE OF
 DRUGS AND/OR ALCOHOL HAS NOT RESULTED IN HARM TO A PATIENT OR CLIENT AND
 THE LICENSEE IS NOT INCAPACITATED, UNFIT FOR PRACTICE OR A THREAT TO THE
 HEALTH, SAFETY AND WELFARE OF THE PUBLIC. SUCH VOLUNTARY  SURRENDER,  IF
 ACCEPTED BY THE COMMITTEE, SHALL RESULT IN AN IMMEDIATE REINSTATEMENT OF
 THE  LICENSE  AND SHALL PROVIDE IMMUNITY FROM A VIOLATION OF SUBDIVISION
 THREE OR FOUR OF SECTION SIXTY-FIVE HUNDRED NINE OF  THIS  SUBTITLE  AND
 CANNOT  BE  DEEMED  AN  ADMISSION  OR  USED  AS EVIDENCE IN PROFESSIONAL
 MISCONDUCT. ACCEPTANCE BY THE COMMITTEE SHALL NOT REQUIRE  A  REPORT  TO
 THE  DEPARTMENT  OF  HEALTH OR TO ANY EMPLOYER OR LICENSING AUTHORITY OF
 ANOTHER JURISDICTION, NOR REQUIRE ANY DISCLOSURE TO PATIENTS OR  TO  THE
 PUBLIC  THAT SUCH LICENSE HAS BEEN TEMPORARILY SURRENDERED, EXCEPT IF IT
 IS SUBSEQUENTLY DETERMINED BY THE DEPARTMENT THAT  A  PARTICIPANT  BEING
 MONITORED  BY  THE DEPARTMENT IS FOUND TO HAVE USED DRUGS AND/OR ALCOHOL
 WHICH HAS RESULTED IN HARM TO A PATIENT OR CLIENT.
   § 6510-D. NURSES' REFUSAL OF OVERTIME WORK. THE REFUSAL OF A  LICENSED
 PRACTICAL  NURSE  OR A REGISTERED PROFESSIONAL NURSE TO WORK BEYOND SAID
 NURSE'S REGULARLY SCHEDULED HOURS OF WORK SHALL  NOT  SOLELY  CONSTITUTE
 PATIENT  ABANDONMENT  OR NEGLECT EXCEPT UNDER THE CIRCUMSTANCES PROVIDED
 FOR UNDER SUBDIVISION THREE OF SECTION ONE HUNDRED  SIXTY-SEVEN  OF  THE
 LABOR LAW.
   § 6511. PENALTIES FOR PROFESSIONAL MISCONDUCT. THE PENALTIES WHICH MAY
 BE IMPOSED BY THE DEPARTMENT ON A PRESENT OR FORMER LICENSEE FOUND GUIL-
 TY   OF   PROFESSIONAL  MISCONDUCT,  PURSUANT  TO  THE  DEFINITIONS  AND
 PROCEEDINGS PRESCRIBED IN SECTIONS SIXTY-FIVE HUNDRED  NINE  AND  SIXTY-
 FIVE HUNDRED TEN OF THIS SUBTITLE, ARE:
   1. CENSURE AND REPRIMAND;
   2.  SUSPENSION OF LICENSE: (A) WHOLLY, FOR A FIXED PERIOD OF TIME; (B)
 PARTIALLY,  UNTIL  THE  LICENSEE  SUCCESSFULLY  COMPLETES  A  COURSE  OF
 RETRAINING  IN  THE AREA TO WHICH THE SUSPENSION APPLIES; OR (C) WHOLLY,
 S. 4007                            276                           A. 3007
 
 UNTIL THE LICENSEE SUCCESSFULLY COMPLETES A COURSE OF THERAPY OR  TREAT-
 MENT PRESCRIBED BY THE REGENTS;
   3. REVOCATION OF LICENSE;
   4. ANNULMENT OF LICENSE OR REGISTRATION;
   5. LIMITATION ON REGISTRATION OR ISSUANCE OF ANY FURTHER LICENSE;
   6.  A FINE NOT TO EXCEED TEN THOUSAND DOLLARS, UPON EACH SPECIFICATION
 OF CHARGES OF WHICH THE RESPONDENT IS DETERMINED TO BE GUILTY;
   7. A REQUIREMENT THAT A LICENSEE PURSUE A COURSE OF HEALTH  OR  TRAIN-
 ING; AND
   8.  A  REQUIREMENT  THAT A LICENSEE PERFORM UP TO ONE HUNDRED HOURS OF
 PUBLIC SERVICE, IN A MANNER AND AT A TIME AND PLACE AS DIRECTED  BY  THE
 STATE  BOARD  FOR THE PROFESSIONS AS PRESCRIBED IN THE TITLE RELATING TO
 EACH PROFESSION.
   THE DEPARTMENT MAY STAY SUCH PENALTIES IN WHOLE OR IN PART, MAY  PLACE
 THE  LICENSEE  ON  PROBATION  AND  MAY  RESTORE A LICENSE WHICH HAS BEEN
 REVOKED, PROVIDED, IN THE CASE  OF  LICENSEES  SUBJECT  TO  SECTION  TWO
 HUNDRED  THIRTY  OF  THIS  CHAPTER, NOTICE THAT SUCH STATE BOARD FOR THE
 PROFESSION AS PRESCRIBED IN THE TITLE RELATING  TO  SUCH  PROFESSION  IS
 CONSIDERING  SUCH  RESTORATION  IS  GIVEN  TO THE OFFICE OF PROFESSIONAL
 MEDICAL CONDUCT AT LEAST THIRTY DAYS  BEFORE  THE  DATE  ON  WHICH  SUCH
 RESTORATION  SHALL  BE CONSIDERED. UPON THE RECOMMENDATION OF THE OFFICE
 OF PROFESSIONAL MEDICAL CONDUCT, THE DEPARTMENT MAY DENY  SUCH  RESTORA-
 TION.  ANY FINE IMPOSED PURSUANT TO THIS SECTION OR PURSUANT TO SUBDIVI-
 SION TWO OF SECTION SIXTY-FIVE HUNDRED TEN OF THIS SUBTITLE MAY BE  SUED
 FOR  AND RECOVERED IN THE NAME OF THE PEOPLE OF THE STATE OF NEW YORK IN
 AN ACTION BROUGHT BY THE ATTORNEY GENERAL. IN SUCH ACTION  THE  FINDINGS
 AND DETERMINATION OF THE DEPARTMENT OR OF THE VIOLATIONS COMMITTEE SHALL
 BE  ADMISSIBLE  EVIDENCE  AND SHALL BE CONCLUSIVE PROOF OF THE VIOLATION
 AND THE PENALTY ASSESSED.
 
                                SUBTITLE 4
                             UNAUTHORIZED ACTS
 SECTION 6512. UNAUTHORIZED PRACTICE A CRIME.
         6513. UNAUTHORIZED USE OF A PROFESSIONAL TITLE A CRIME.
         6514. CRIMINAL PROCEEDINGS.
         6515. RESTRAINT OF UNLAWFUL ACTS.
         6516. CIVIL ENFORCEMENT PROCEEDINGS AND CIVIL PENALTIES.
   § 6512. UNAUTHORIZED PRACTICE A CRIME. 1.  ANYONE  NOT  AUTHORIZED  TO
 PRACTICE UNDER THIS ARTICLE WHO PRACTICES OR OFFERS TO PRACTICE OR HOLDS
 HIMSELF  OR  HERSELF  OUT AS BEING ABLE TO PRACTICE IN ANY PROFESSION IN
 WHICH A LICENSE IS A PREREQUISITE TO THE PRACTICE OF THE  ACTS,  OR  WHO
 PRACTICES ANY PROFESSION AS AN EXEMPT PERSON DURING THE TIME WHEN HIS OR
 HER  PROFESSIONAL LICENSE IS SUSPENDED, REVOKED OR ANNULLED, OR WHO AIDS
 OR ABETS AN UNLICENSED PERSON TO PRACTICE A PROFESSION, OR  WHO  FRAUDU-
 LENTLY SELLS, FILES, FURNISHES, OBTAINS, OR WHO ATTEMPTS FRAUDULENTLY TO
 SELL,  FILE,  FURNISH  OR  OBTAIN ANY DIPLOMA, LICENSE, RECORD OR PERMIT
 PURPORTING TO AUTHORIZE THE PRACTICE OF A PROFESSION, SHALL BE GUILTY OF
 A CLASS E FELONY.
   2. ANYONE WHO KNOWINGLY AIDS OR ABETS THREE OR MORE UNLICENSED PERSONS
 TO PRACTICE A PROFESSION OR EMPLOYS OR HOLDS SUCH UNLICENSED PERSONS OUT
 AS BEING ABLE TO PRACTICE IN ANY PROFESSION IN  WHICH  A  LICENSE  IS  A
 PREREQUISITE TO THE PRACTICE OF THE ACTS, OR WHO KNOWINGLY AIDS OR ABETS
 THREE  OR  MORE  PERSONS  TO  PRACTICE  ANY PROFESSION AS EXEMPT PERSONS
 DURING THE TIME WHEN THE  PROFESSIONAL  LICENSES  OF  SUCH  PERSONS  ARE
 SUSPENDED, REVOKED OR ANNULLED, SHALL BE GUILTY OF A CLASS E FELONY.
 S. 4007                            277                           A. 3007
 
   §  6513.  UNAUTHORIZED USE OF A PROFESSIONAL TITLE A CRIME. 1.  ANYONE
 NOT AUTHORIZED TO USE A PROFESSIONAL TITLE REGULATED  BY  THIS  ARTICLE,
 AND  WHO  USES  SUCH  PROFESSIONAL  TITLE,  SHALL BE GUILTY OF A CLASS A
 MISDEMEANOR.
   2.  ANYONE  WHO  KNOWINGLY  AIDS  OR  ABETS  THREE OR MORE PERSONS NOT
 AUTHORIZED TO USE A PROFESSIONAL TITLE REGULATED BY THIS ARTICLE, TO USE
 SUCH PROFESSIONAL TITLE, OR KNOWINGLY EMPLOYS THREE OR MORE PERSONS  NOT
 AUTHORIZED  TO  USE  A PROFESSIONAL TITLE REGULATED BY THIS ARTICLE, WHO
 USE SUCH PROFESSIONAL TITLE IN THE COURSE OF SUCH EMPLOYMENT,  SHALL  BE
 GUILTY OF A CLASS E FELONY.
   §  6514.  CRIMINAL  PROCEEDINGS. 1. ALL ALLEGED VIOLATIONS OF SECTIONS
 SIXTY-FIVE HUNDRED TWELVE OR SIXTY-FIVE HUNDRED THIRTEEN OF THIS  SUBTI-
 TLE  SHALL  BE  REPORTED TO THE DEPARTMENT WHICH SHALL CAUSE AN INVESTI-
 GATION TO BE INSTITUTED. ALL ALLEGED VIOLATIONS  OF  SECTION  SIXTY-FIVE
 HUNDRED  THIRTY-ONE  OF THIS ARTICLE SHALL BE REPORTED TO THE DEPARTMENT
 WHICH SHALL CAUSE AN INVESTIGATION TO BE  INSTITUTED.  IF  THE  INVESTI-
 GATION  SUBSTANTIATES  THAT  VIOLATIONS  EXIST, SUCH VIOLATIONS SHALL BE
 REPORTED TO THE ATTORNEY GENERAL WITH A REQUEST FOR PROSECUTION.
   2. THE ATTORNEY GENERAL SHALL PROSECUTE SUCH ALLEGED OFFENSES  IN  THE
 NAME OF THE STATE.
   3. ALL CRIMINAL COURTS HAVING JURISDICTION OVER MISDEMEANORS ARE HERE-
 BY  EMPOWERED  TO  HEAR, TRY AND DETERMINE ALLEGED VIOLATIONS UNDER THIS
 ARTICLE, WHICH CONSTITUTE MISDEMEANORS, WITHOUT INDICTMENT AND TO IMPOSE
 APPLICABLE PUNISHMENT OF FINES OR IMPRISONMENTS OR  BOTH.  IT  SHALL  BE
 NECESSARY  TO  PROVE  IN  ANY PROSECUTION UNDER THIS TITLE ONLY A SINGLE
 PROHIBITED ACT OR A SINGLE HOLDING OUT WITHOUT PROVING A GENERAL  COURSE
 OF CONDUCT.
   4.  A  PROCEEDING BEFORE A COMMITTEE ON PROFESSIONAL CONDUCT SHALL NOT
 BE DEEMED TO BE  A  CRIMINAL  PROCEEDING  WITHIN  THE  MEANING  OF  THIS
 SECTION.
   §  6515. RESTRAINT OF UNLAWFUL ACTS. WHERE A VIOLATION OF THIS ARTICLE
 IS ALLEGED TO HAVE OCCURRED, THE ATTORNEY GENERAL, THE DEPARTMENT OR, IN
 THE EVENT OF ALLEGED VIOLATIONS OF TITLE NINETEEN OF THIS ARTICLE OCCUR-
 RING IN CITIES HAVING A POPULATION OF ONE MILLION OR  MORE,  THE  CORPO-
 RATION  COUNSEL  MAY  APPLY  TO  THE  SUPREME  COURT WITHIN THE JUDICIAL
 DISTRICT IN WHICH SUCH VIOLATION IS ALLEGED  TO  HAVE  OCCURRED  FOR  AN
 ORDER ENJOINING OR RESTRAINING COMMISSION OR CONTINUANCE OF THE UNLAWFUL
 ACTS  COMPLAINED  OF.  THE  REMEDY  PROVIDED IN THIS SECTION SHALL BE IN
 ADDITION TO ANY OTHER REMEDY PROVIDED  BY  LAW  OR  TO  THE  PROCEEDINGS
 COMMENCED AGAINST A LICENSEE UNDER THIS ARTICLE.
   §  6516.  CIVIL ENFORCEMENT PROCEEDINGS AND CIVIL PENALTIES. 1.  ISSU-
 ANCE OF CEASE AND DESIST ORDER. WHENEVER THE DEPARTMENT  HAS  REASONABLE
 CAUSE  TO  BELIEVE THAT ANY PERSON HAS VIOLATED ANY PROVISION OF SECTION
 SIXTY-FIVE HUNDRED TWELVE OR SIXTY-FIVE HUNDRED THIRTEEN OF THIS  SUBTI-
 TLE,  THE  DEPARTMENT  MAY  ISSUE AND SERVE UPON SUCH PERSON A NOTICE TO
 CEASE AND DESIST FROM SUCH VIOLATION. SUCH CEASE AND DESIST ORDER  SHALL
 BE  SERVED  PERSONALLY  BY THE DEPARTMENT. IF PERSONAL SERVICE CANNOT BE
 MADE AFTER DUE DILIGENCE AND SUCH FACT IS CERTIFIED UNDER OATH,  A  COPY
 OF  THE ORDER SHALL BE MADE BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED,
 TO THE PERSON'S LAST KNOWN ADDRESS BY THE DEPARTMENT.
   2. CONTENTS OF CEASE AND DESIST ORDER.  THE  CEASE  AND  DESIST  ORDER
 SHALL  BE IN WRITING AND SHALL DESCRIBE WITH PARTICULARITY THE NATURE OF
 THE VIOLATION, INCLUDING  A  REFERENCE  OF  THE  SPECIFIC  PROVISION  OR
 PROVISIONS  OF  LAW  ALLEGED  TO  HAVE BEEN VIOLATED AND AN ORDER TO THE
 RESPONDENT TO CEASE ANY UNLAWFUL ACTIVITY. THE CEASE  AND  DESIST  ORDER
 SHALL ADVISE THE RESPONDENT:
 S. 4007                            278                           A. 3007
 
   A.  OF  THE  RIGHT TO CONTEST THE ORDER BY REQUESTING A HEARING WITHIN
 THIRTY DAYS OF THE SERVICE OF THE CEASE AND DESIST ORDER BEFORE A  HEAR-
 ING OFFICER DESIGNATED BY THE DEPARTMENT;
   B. OF THE RIGHT TO REQUEST A STAY OF THE CEASE AND DESIST ORDER AT THE
 TIME A HEARING IS REQUESTED; AND
   C.  SHALL SET FORTH THE RESPONDENT'S RIGHTS AT SUCH A HEARING PURSUANT
 TO SUBDIVISION FIVE OF THIS SECTION.
   3. CIVIL PENALTIES. CIVIL PENALTIES UP TO FIVE THOUSAND DOLLARS MAY BE
 IMPOSED FOR EACH VIOLATION AND THE RESPONDENT MAY  BE  ORDERED  TO  MAKE
 RESTITUTION  TO ANY PERSON WHO HAS AN INTEREST IN ANY MONEY OR PROPERTY,
 EITHER REAL OR PERSONAL, ACQUIRED BY THE RESPONDENT AS  A  RESULT  OF  A
 VIOLATION. WHENEVER THE DEPARTMENT CONCLUDES THAT CIVIL PENALTIES AND/OR
 RESTITUTION  MAY BE WARRANTED BECAUSE OF THE EGREGIOUSNESS OF THE UNLAW-
 FUL ACTIVITY, IT MAY SERVE, ALONG WITH THE CEASE  AND  DESIST  ORDER,  A
 NOTICE  OF  A  HEARING  ON  THE ALLEGATIONS OF UNLAWFUL ACTIVITY AND THE
 DEPARTMENT'S INTENTION TO  ORDER  THE  RESPONDENT  TO  MAKE  RESTITUTION
 AND/OR  IMPOSE  A  CIVIL  PENALTY.   THE NOTICE SHOULD SPECIFY THE CIVIL
 PENALTY SOUGHT FOR EACH VIOLATION.
   4. REQUEST FOR HEARING. IF THE RESPONDENT TO A CEASE AND DESIST  ORDER
 CONTESTS  THE  CEASE  AND  DESIST  ORDER, THE RESPONDENT SHALL REQUEST A
 HEARING CONDUCTED BY THE DEPARTMENT WITHIN THIRTY DAYS OF THE RECEIPT OF
 THE CEASE AND DESIST ORDER. SUCH A HEARING SHALL BE SCHEDULED,  AND  THE
 REQUESTING  PARTY  NOTIFIED  OF  THE  DATE,  WITHIN  FIFTEEN DAYS OF THE
 RECEIPT OF THE REQUEST FOR A HEARING. IF THE RESPONDENT REQUESTS A  STAY
 OF  THE  CEASE  AND  DESIST  ORDER,  THE HEARING OFFICER SHALL DETERMINE
 WHETHER THE CEASE AND DESIST ORDER SHOULD BE STAYED IN WHOLE OR IN  PART
 WITHIN  FIVE  WORKING DAYS OF THE REQUEST FOR A STAY. THE RESPONDENT MAY
 FILE A WRITTEN ANSWER TO THE CEASE AND DESIST ORDER PRIOR TO  THE  HEAR-
 ING. A STENOGRAPHIC RECORD OF THE HEARING SHALL BE MADE.
   5. CONDUCT OF HEARING. THE EVIDENCE IN SUPPORT OF THE CEASE AND DESIST
 ORDER SHALL BE PRESENTED BY AN ATTORNEY FOR THE DEPARTMENT. THE RESPOND-
 ENT MAY APPEAR PERSONALLY AND MAY BE REPRESENTED BY COUNSEL AT THE HEAR-
 ING,  MAY  PRODUCE  WITNESSES  AND  EVIDENCE IN HIS OR HER BEHALF AT THE
 HEARING, MAY  CROSS-EXAMINE  WITNESSES  AND  EXAMINE  EVIDENCE  PRODUCED
 AGAINST HIM OR HER AT THE HEARING, AND MAY ISSUE SUBPOENAS IN ACCORDANCE
 WITH  SECTION  THREE  HUNDRED FOUR OF THE STATE ADMINISTRATIVE PROCEDURE
 ACT. THE HEARING OFFICER SHALL NOT BE BOUND BY THE  RULES  OF  EVIDENCE,
 BUT  HIS  OR  HER  DETERMINATION  THAT A VIOLATION OF SECTION SIXTY-FIVE
 HUNDRED TWELVE OR SIXTY-FIVE  HUNDRED  THIRTEEN  OF  THIS  SUBTITLE  HAS
 OCCURRED  SHALL  BE  BASED ON A PREPONDERANCE OF THE EVIDENCE. A HEARING
 WHICH HAS BEEN INITIATED SHALL NOT BE DISCONTINUED BECAUSE OF THE  DEATH
 OR  INCAPACITY  OF  THE HEARING OFFICER. IN THE EVENT OF A HEARING OFFI-
 CER'S DEATH OR INCAPACITY TO SERVE,  A  NEW  HEARING  OFFICER  SHALL  BE
 DESIGNATED  BY  THE DEPARTMENT TO CONTINUE THE HEARING.  THE NEW HEARING
 OFFICER SHALL AFFIRM IN WRITING THAT HE OR SHE HAS READ  AND  CONSIDERED
 EVIDENCE AND TRANSCRIPTS OF THE PRIOR PROCEEDINGS.
   6.  RESULTS  OF HEARING. THE HEARING OFFICER DESIGNATED BY THE DEPART-
 MENT SHALL RENDER A WRITTEN REPORT WHICH SHALL INCLUDE:
   A. FINDINGS OF FACT;
   B. A DETERMINATION ON EACH VIOLATION ALLEGED IN THE CEASE  AND  DESIST
 ORDER;
   C.  A  DETERMINATION AS TO WHETHER TO ACCEPT, REJECT, OR MODIFY ANY OF
 THE TERMS OF THE CEASE AND DESIST ORDER IN WHOLE OR IN PART; AND
   D. THE CIVIL PENALTY IMPOSED, IF ANY. A COPY OF THE HEARING  OFFICER'S
 WRITTEN REPORT SHALL BE SERVED UPON THE RESPONDENT WITH A NOTICE SETTING
 S. 4007                            279                           A. 3007

 FORTH  THE  RESPONDENT'S  RIGHTS  TO AN ADMINISTRATIVE APPEAL WITHIN TEN
 DAYS OF THE CONCLUSION OF THE HEARING.
   7.  APPEALS.  A.  THE  DECISION OF THE HEARING OFFICER SHALL BE FINAL,
 EXCEPT THAT IT MAY BE APPEALED TO  A  REGENTS  REVIEW  COMMITTEE  WITHIN
 TWENTY  DAYS  OF THE RECEIPT OF THE HEARING OFFICER'S REPORT. THE INITI-
 ATION OF AN APPEAL SHALL NOT IN AND OF ITSELF  AFFECT  THE  VALIDITY  OR
 TERMS  OF THE CEASE AND DESIST ORDER. THE REGENTS REVIEW COMMITTEE SHALL
 CONSIST OF THREE MEMBERS, AT LEAST ONE OF WHOM SHALL BE  A  REGENT.  THE
 REVIEW  SHALL  BE  BASED ON THE TRANSCRIPT AND THE REPORT OF THE HEARING
 OFFICER. THE RESPONDENT MAY APPEAR  AT  THE  MEETING,  AND  THE  REGENTS
 REVIEW  COMMITTEE  MAY  REQUIRE THE RESPONDENT TO APPEAR. THE RESPONDENT
 MAY BE REPRESENTED BY COUNSEL. THE DEPARTMENT SHALL NOTIFY THE  RESPOND-
 ENT  AT  LEAST  TEN DAYS BEFORE THE MEETING (I) OF THE TIME AND PLACE OF
 THE MEETING, (II) OF THE RIGHT TO APPEAR;  (III)  OF  THE  RIGHT  TO  BE
 REPRESENTED  BY  COUNSEL; (IV) WHETHER OR NOT THE RESPONDENT IS REQUIRED
 TO APPEAR; AND (III) OF SUCH OTHER  INFORMATION  AS  MAY  BE  CONSIDERED
 APPROPRIATE.
   B.  AFTER  THE  MEETING, THE REGENTS REVIEW COMMITTEE SHALL TRANSMIT A
 WRITTEN REPORT OF ITS REVIEW TO THE DEPARTMENT. THE DEPARTMENT (I) SHALL
 CONSIDER THE TRANSCRIPT, THE REPORT OF  THE  HEARING  OFFICER,  AND  THE
 REPORT  OF  THE  REGENTS REVIEW COMMITTEE, (II) SHALL DECIDE WHETHER THE
 RESPONDENT HAS VIOLATED EACH CHARGE IN THE CEASE AND DESIST ORDER, (III)
 SHALL DECIDE WHAT PENALTIES, IF ANY, TO IMPOSE  AS  PRESCRIBED  IN  THIS
 SECTION,  AND (IV) SHALL ISSUE AN ORDER TO CARRY OUT ITS DECISIONS. SUCH
 DECISIONS SHALL REQUIRE THE  AFFIRMATIVE  VOTE  OF  A  MAJORITY  OF  THE
 MEMBERS OF THE DEPARTMENT. THE ORDER SHALL BE SERVED UPON THE RESPONDENT
 PERSONALLY  OR  BY CERTIFIED MAIL TO THE RESPONDENT'S LAST KNOWN ADDRESS
 AND SUCH SERVICE SHALL BE EFFECTIVE AS  OF  THE  DATE  OF  THE  PERSONAL
 SERVICE  OR  FIVE DAYS AFTER MAILING BY CERTIFIED MAIL. THE DECISIONS OF
 THE DEPARTMENT UNDER THIS SECTION MAY BE REVIEWED IN A PROCEEDING PURSU-
 ANT TO ARTICLE SEVENTY-EIGHT OF THE CIVIL PRACTICE LAW AND RULES BROUGHT
 IN THE SUPREME COURT, ALBANY COUNTY.  SUCH DECISIONS SHALL NOT BE STAYED
 OR ENJOINED EXCEPT UPON APPLICATION TO SUCH SUPREME  COURT  PURSUANT  TO
 ARTICLE  SIXTY-THREE  OF THE CIVIL PRACTICE LAW AND RULES WITH NOTICE TO
 THE DEPARTMENT AND TO THE ATTORNEY GENERAL.
   8. GENERAL ENFORCEMENT OF CEASE AND DESIST ORDER. IN  ANY  CASE  WHERE
 THE  CEASE  AND DESIST ORDER IS CONFIRMED BY THE DEPARTMENT OR WHERE THE
 RESPONDENT DOES NOT REQUEST AN ADMINISTRATIVE HEARING WITHIN THE  ALLOT-
 TED  TIME  OR DOES NOT APPEAL THE DECISION OF THE HEARING OFFICER WITHIN
 THE ALLOTTED TIME, AN ACTION OR PROCEEDING MAY BE FILED IN THE  NAME  OF
 THE STATE OF NEW YORK SEEKING A RESTRAINING ORDER, INJUNCTION, APPROPRI-
 ATE  WRIT,  OR JUDGMENT AGAINST ANY PERSON WHO VIOLATES THE TERMS OF THE
 CEASE AND DESIST ORDER.
   9. A. SPECIAL ENFORCEMENT OF CIVIL MONETARY PENALTIES.  PROVIDED  THAT
 NO  APPEAL  IS  PENDING  ON THE IMPOSITION OF SUCH CIVIL PENALTY, IN THE
 EVENT SUCH CIVIL PENALTY IMPOSED BY THE DEPARTMENT  REMAINS  UNPAID,  IN
 WHOLE  OR  IN  PART,  MORE THAN FORTY-FIVE DAYS AFTER WRITTEN DEMAND FOR
 PAYMENT HAS BEEN SENT BY FIRST CLASS MAIL TO THE ADDRESS OF THE RESPOND-
 ENT, A NOTICE OF IMPENDING DEFAULT JUDGMENT SHALL BE SENT BY FIRST CLASS
 MAIL TO THE RESPONDENT. THE NOTICE OF IMPENDING DEFAULT  JUDGMENT  SHALL
 ADVISE THE RESPONDENT:
   (I) THAT A CIVIL PENALTY WAS IMPOSED ON THE RESPONDENT;
   (II) THE DATE THE PENALTY WAS IMPOSED;
   (III) THE AMOUNT OF THE CIVIL PENALTY;
   (IV)  THE  AMOUNT  OF  THE CIVIL PENALTY THAT REMAINS UNPAID AS OF THE
 DATE OF THE NOTICE;
 S. 4007                            280                           A. 3007
 
   (V) THE VIOLATIONS FOR WHICH THE CIVIL PENALTY WAS IMPOSED; AND
   (VI)  THAT A JUDGMENT BY DEFAULT WILL BE ENTERED IN THE SUPREME COURT,
 ALBANY COUNTY UNLESS THE DEPARTMENT RECEIVES FULL PAYMENT OF  ALL  CIVIL
 PENALTIES  DUE WITHIN TWENTY DAYS OF THE DATE OF THE NOTICE OF IMPENDING
 DEFAULT JUDGMENT.
   B. IF FULL PAYMENT SHALL NOT HAVE  BEEN  RECEIVED  BY  THE  DEPARTMENT
 WITHIN  THIRTY  DAYS OF MAILING OF THE NOTICE OF IMPENDING DEFAULT JUDG-
 MENT, THE DEPARTMENT SHALL PROCEED TO ENTER WITH SUCH COURT A  STATEMENT
 OF  THE  DEFAULT JUDGMENT CONTAINING THE AMOUNT OF THE PENALTY OR PENAL-
 TIES REMAINING DUE AND UNPAID, ALONG WITH PROOF OF MAILING OF THE NOTICE
 OF IMPENDING DEFAULT JUDGMENT. THE FILING OF SUCH  JUDGMENT  SHALL  HAVE
 THE  FULL FORCE AND EFFECT OF A DEFAULT JUDGMENT DULY DOCKETED WITH SUCH
 COURT PURSUANT TO THE CIVIL PRACTICE LAW AND  RULES  AND  SHALL  IN  ALL
 RESPECTS  BE  GOVERNED  BY  THAT CHAPTER AND MAY BE ENFORCED IN THE SAME
 MANNER AND WITH THE SAME EFFECT AS THAT PROVIDED BY LAW  IN  RESPECT  TO
 EXECUTION ISSUED AGAINST PROPERTY UPON JUDGMENTS OF A COURT OF RECORD. A
 JUDGMENT ENTERED PURSUANT TO THIS SUBDIVISION SHALL REMAIN IN FULL FORCE
 AND EFFECT FOR EIGHT YEARS NOTWITHSTANDING ANY OTHER PROVISION OF LAW.
 
                                  TITLE 2
                                 MEDICINE
 SECTION 6520. INTRODUCTION.
         6521. DEFINITION OF PRACTICE OF MEDICINE.
         6522. PRACTICE OF MEDICINE AND USE OF TITLE "PHYSICIAN".
         6523. STATE BOARD FOR MEDICINE.
         6524. REQUIREMENTS FOR A PROFESSIONAL LICENSE.
         6525. LIMITED PERMITS.
         6526. EXEMPT PERSONS.
         6527. SPECIAL PROVISIONS.
         6528. QUALIFICATION OF CERTAIN APPLICANTS FOR LICENSURE.
         6529. POWER OF DEPARTMENT REGARDING CERTAIN PHYSICIANS.
   §  6520.  INTRODUCTION.  THIS TITLE APPLIES TO THE PROFESSION OF MEDI-
 CINE. THE GENERAL PROVISIONS FOR ALL PROFESSIONS CONTAINED IN TITLE  ONE
 OF THIS ARTICLE APPLY TO THIS TITLE.
   §  6521.  DEFINITION  OF  PRACTICE  OF  MEDICINE.  THE PRACTICE OF THE
 PROFESSION OF MEDICINE IS DEFINED AS DIAGNOSING, TREATING, OPERATING  OR
 PRESCRIBING  FOR  ANY HUMAN DISEASE, PAIN, INJURY, DEFORMITY OR PHYSICAL
 CONDITION.
   § 6522. PRACTICE OF MEDICINE AND USE  OF  TITLE  "PHYSICIAN".  ONLY  A
 PERSON  LICENSED OR OTHERWISE AUTHORIZED UNDER THIS TITLE SHALL PRACTICE
 MEDICINE OR USE THE TITLE "PHYSICIAN".
   § 6523. STATE BOARD FOR MEDICINE. A STATE BOARD FOR MEDICINE SHALL  BE
 APPOINTED  BY  THE  DEPARTMENT ON RECOMMENDATION OF THE COMMISSIONER FOR
 THE PURPOSE OF ASSISTING THE DEPARTMENT AND THE COMMISSIONER ON  MATTERS
 OF  PROFESSIONAL LICENSING IN ACCORDANCE WITH SECTION SIXTY-FIVE HUNDRED
 EIGHT OF THIS ARTICLE. THE STATE BOARD OF MEDICINE SHALL BE COMPOSED  OF
 NOT LESS THAN TWENTY PHYSICIANS LICENSED IN THIS STATE FOR AT LEAST FIVE
 YEARS,  TWO  OF  WHOM SHALL BE DOCTORS OF OSTEOPATHY. TO THE EXTENT SUCH
 PHYSICIAN APPOINTEES ARE AVAILABLE FOR APPOINTMENT, AT LEAST ONE OF  THE
 PHYSICIAN  APPOINTEES TO THE STATE BOARD FOR MEDICINE SHALL BE AN EXPERT
 ON REDUCING HEALTH DISPARITIES  AMONG  DEMOGRAPHIC  SUBGROUPS,  AND  ONE
 SHALL BE AN EXPERT ON WOMEN'S HEALTH. THE STATE BOARD FOR MEDICINE SHALL
 ALSO  CONSIST  OF  NOT  LESS THAN TWO PHYSICIAN'S ASSISTANTS LICENSED TO
 PRACTICE IN THIS  STATE.  THE  PARTICIPATION  OF  PHYSICIAN'S  ASSISTANT
 MEMBERS SHALL BE LIMITED TO MATTERS RELATING TO TITLE FOUR OF THIS ARTI-
 CLE.  AN  EXECUTIVE  SECRETARY  TO  THE STATE BOARD OF MEDICINE SHALL BE
 S. 4007                            281                           A. 3007
 
 APPOINTED BY THE DEPARTMENT ON RECOMMENDATION OF  THE  COMMISSIONER  AND
 SHALL  BE  EITHER A PHYSICIAN LICENSED IN THIS STATE OR A NON-PHYSICIAN,
 DEEMED QUALIFIED BY THE COMMISSIONER AND DEPARTMENT.
   §  6524.  REQUIREMENTS  FOR  A  PROFESSIONAL LICENSE. TO QUALIFY FOR A
 LICENSE AS  A  PHYSICIAN,  AN  APPLICANT  SHALL  FULFILL  THE  FOLLOWING
 REQUIREMENTS:
   1. APPLICATION: FILE AN APPLICATION WITH THE DEPARTMENT;
   2. EDUCATION: HAVE RECEIVED AN EDUCATION, INCLUDING A DEGREE OF DOCTOR
 OF  MEDICINE,  "M.D.",  OR  DOCTOR  OF OSTEOPATHY, "D.O.", OR EQUIVALENT
 DEGREE IN ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS;
   3. EXPERIENCE: HAVE EXPERIENCE SATISFACTORY  TO  THE  STATE  BOARD  OF
 MEDICINE AND IN ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS;
   4. EXAMINATION: PASS AN EXAMINATION SATISFACTORY TO THE STATE BOARD OF
 MEDICINE AND IN ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS;
   5. AGE: BE AT LEAST TWENTY-ONE YEARS OF AGE; HOWEVER, THE COMMISSIONER
 MAY  WAIVE  THE AGE REQUIREMENT FOR APPLICANTS WHO HAVE ATTAINED THE AGE
 OF EIGHTEEN AND WILL BE IN A RESIDENCY PROGRAM UNTIL THE AGE OF  TWENTY-
 ONE;
   6. CITIZENSHIP OR IMMIGRATION STATUS: BE A UNITED STATES CITIZEN OR AN
 ALIEN  LAWFULLY  ADMITTED  FOR PERMANENT RESIDENCE IN THE UNITED STATES;
 PROVIDED, HOWEVER THAT THE DEPARTMENT MAY GRANT A THREE YEAR WAIVER  FOR
 AN  ALIEN  PHYSICIAN TO PRACTICE IN AN AREA WHICH HAS BEEN DESIGNATED BY
 THE DEPARTMENT AS MEDICALLY UNDERSERVED, EXCEPT THAT THE DEPARTMENT  MAY
 GRANT AN ADDITIONAL EXTENSION NOT TO EXCEED SIX YEARS TO AN ALIEN PHYSI-
 CIAN  TO  ENABLE  HIM OR HER TO SECURE CITIZENSHIP OR PERMANENT RESIDENT
 STATUS, PROVIDED SUCH STATUS IS BEING  ACTIVELY  PURSUED;  AND  PROVIDED
 FURTHER  THAT  THE DEPARTMENT MAY GRANT AN ADDITIONAL THREE YEAR WAIVER,
 AND AT ITS EXPIRATION, AN EXTENSION FOR A PERIOD NOT TO EXCEED SIX ADDI-
 TIONAL YEARS, FOR THE HOLDER OF AN H-1B VISA, AN O-1 VISA, OR AN  EQUIV-
 ALENT OR SUCCESSOR VISA THERETO;
   7.  CHARACTER: BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE DEPART-
 MENT; AND
   8. FEES: PAY A FEE OF TWO HUNDRED SIXTY DOLLARS TO THE DEPARTMENT  FOR
 ADMISSION  TO  A  DEPARTMENT  CONDUCTED  EXAMINATION  AND FOR AN INITIAL
 LICENSE, A FEE OF ONE HUNDRED SEVENTY-FIVE DOLLARS FOR  EACH  REEXAMINA-
 TION,  A  FEE  OF ONE HUNDRED THIRTY-FIVE DOLLARS FOR AN INITIAL LICENSE
 FOR PERSONS NOT REQUIRING ADMISSION TO A DEPARTMENT  CONDUCTED  EXAMINA-
 TION,  A  FEE OF FIVE HUNDRED SEVENTY DOLLARS FOR ANY BIENNIAL REGISTRA-
 TION PERIOD COMMENCING AUGUST FIRST,  NINETEEN  HUNDRED  NINETY-SIX  AND
 THEREAFTER. THE COMPTROLLER IS HEREBY AUTHORIZED AND DIRECTED TO DEPOSIT
 THE  FEE  FOR EACH BIENNIAL REGISTRATION PERIOD INTO THE SPECIAL REVENUE
 FUNDS-OTHER ENTITLED "PROFESSIONAL  MEDICAL  CONDUCT  ACCOUNT"  FOR  THE
 PURPOSE  OF  OFFSETTING  ANY  EXPENDITURES  MADE PURSUANT TO SECTION TWO
 HUNDRED THIRTY OF THIS CHAPTER IN  RELATION  TO  THE  OPERATION  OF  THE
 OFFICE  OF  PROFESSIONAL MEDICAL CONDUCT WITHIN THE DEPARTMENT, PROVIDED
 THAT FOR EACH BIENNIAL REGISTRATION FEE PAID BY  THE  LICENSEE  USING  A
 CREDIT  CARD,  THE  AMOUNT  OF  THE  ADMINISTRATIVE  FEE INCURRED BY THE
 DEPARTMENT IN PROCESSING SUCH CREDIT CARD TRANSACTION SHALL BE DEPOSITED
 BY THE COMPTROLLER IN THE OFFICE OF THE PROFESSIONS ACCOUNT  ESTABLISHED
 BY  SECTION NINETY-SEVEN-NNN OF THE STATE FINANCE LAW. THE AMOUNT OF THE
 FUNDS EXPENDED AS A RESULT OF SUCH INCREASE SHALL NOT  BE  GREATER  THAN
 SUCH FEES COLLECTED OVER THE REGISTRATION PERIOD.
   9.  FOR  EVERY LICENSE OR REGISTRATION ISSUED AFTER THE EFFECTIVE DATE
 OF THIS SUBDIVISION, AN ADDITIONAL FEE OF THIRTY DOLLARS SHALL  BE  PAID
 AND  DEPOSITED  IN  THE  SPECIAL REVENUE FUND ENTITLED "THE PROFESSIONAL
 MEDICAL CONDUCT ACCOUNT" FOR THE PURPOSE OF OFFSETTING ANY  EXPENDITURES
 S. 4007                            282                           A. 3007
 
 MADE  PURSUANT  TO  SUBDIVISION FIFTEEN OF SECTION TWO HUNDRED THIRTY OF
 THIS CHAPTER. THE AMOUNT OF SUCH FUNDS EXPENDED FOR SUCH  PURPOSE  SHALL
 NOT  BE  GREATER  THAN SUCH ADDITIONAL FEES COLLECTED OVER THE LICENSURE
 PERIOD  OR  FOR  THE DURATION OF SUCH PROGRAM IF LESS THAN THE LICENSURE
 PERIOD.
   10. A PHYSICIAN SHALL NOT BE  REQUIRED  TO  PAY  ANY  FEE  UNDER  THIS
 SECTION  IF HE OR SHE CERTIFIES TO THE DEPARTMENT THAT FOR THE PERIOD OF
 REGISTRATION OR LICENSURE, HE OR SHE SHALL ONLY PRACTICE MEDICINE  WITH-
 OUT  COMPENSATION  OR  THE  EXPECTATION  OR PROMISE OF COMPENSATION. THE
 FOLLOWING SHALL NOT BE CONSIDERED COMPENSATION FOR THE PURPOSES OF  THIS
 SUBDIVISION:
   A.  NOMINAL PAYMENT SOLELY TO ENABLE THE PHYSICIAN TO BE CONSIDERED AN
 EMPLOYEE OF A HEALTH CARE PROVIDER; OR
   B. PROVIDING LIABILITY COVERAGE  TO  THE  PHYSICIAN  RELATING  TO  THE
 SERVICES PROVIDED.
   11. NO PHYSICIAN MAY BE RE-REGISTERED UNLESS HE OR SHE, AS PART OF THE
 RE-REGISTRATION  APPLICATION, INCLUDES AN ATTESTATION MADE UNDER PENALTY
 OF PERJURY, IN A FORM PRESCRIBED BY THE COMMISSIONER,  THAT  HE  OR  SHE
 HAS,  WITHIN  THE  SIX MONTHS PRIOR TO SUBMISSION OF THE RE-REGISTRATION
 APPLICATION, UPDATED HIS OR HER PHYSICIAN  PROFILE  IN  ACCORDANCE  WITH
 SUBDIVISION  FOUR  OF  SECTION TWENTY-NINE HUNDRED NINETY-FIVE-A OF THIS
 CHAPTER.
   § 6525. LIMITED PERMITS. PERMITS LIMITED AS TO  ELIGIBILITY,  PRACTICE
 AND  DURATION, SHALL BE ISSUED BY THE DEPARTMENT TO ELIGIBLE APPLICANTS,
 AS FOLLOWS:
   1. ELIGIBILITY: THE FOLLOWING PERSONS SHALL BE ELIGIBLE FOR A  LIMITED
 PERMIT:
   A. A PERSON WHO FULFILLS ALL REQUIREMENTS FOR A LICENSE AS A PHYSICIAN
 EXCEPT  THOSE  RELATING  TO THE EXAMINATION AND CITIZENSHIP OR PERMANENT
 RESIDENCE IN THE UNITED STATES;
   B. A FOREIGN PHYSICIAN WHO  HOLDS  A  STANDARD  CERTIFICATE  FROM  THE
 EDUCATIONAL  COUNCIL  FOR FOREIGN MEDICAL GRADUATES OR WHO HAS PASSED AN
 EXAMINATION SATISFACTORY TO THE STATE BOARD FOR MEDICINE AND IN  ACCORD-
 ANCE WITH THE COMMISSIONER'S REGULATIONS; OR
   C. A FOREIGN PHYSICIAN OR A FOREIGN INTERN WHO IS IN THIS COUNTRY ON A
 NON-IMMIGRATION  VISA FOR THE CONTINUATION OF MEDICAL STUDY, PURSUANT TO
 THE EXCHANGE STUDENT PROGRAM OF THE UNITED STATES DEPARTMENT OF STATE.
   2. LIMIT OF PRACTICE. A PERMITTEE  SHALL  BE  AUTHORIZED  TO  PRACTICE
 MEDICINE  ONLY UNDER THE SUPERVISION OF A LICENSED PHYSICIAN AND ONLY IN
 A PUBLIC, VOLUNTARY, OR PROPRIETARY HOSPITAL.
   3. DURATION. A LIMITED PERMIT SHALL BE VALID FOR TWO YEARS. IT MAY  BE
 RENEWED BIENNIALLY AT THE DISCRETION OF THE DEPARTMENT.
   4. FEES. THE FEE FOR EACH LIMITED PERMIT AND FOR EACH RENEWAL SHALL BE
 ONE HUNDRED FIVE DOLLARS.
   §  6526.  EXEMPT  PERSONS.  THE  FOLLOWING PERSONS UNDER THE FOLLOWING
 LIMITATIONS MAY PRACTICE MEDICINE WITHIN THE STATE WITHOUT A LICENSE:
   1. ANY PHYSICIAN WHO IS EMPLOYED AS A RESIDENT IN A  PUBLIC  HOSPITAL,
 PROVIDED  SUCH  PRACTICE  IS  LIMITED  TO SUCH HOSPITAL AND IS UNDER THE
 SUPERVISION OF A LICENSED PHYSICIAN;
   2. ANY PHYSICIAN WHO IS LICENSED IN A BORDERING STATE AND WHO  RESIDES
 NEAR  A  BORDER OF THIS STATE, PROVIDED SUCH PRACTICE IS LIMITED IN THIS
 STATE TO THE VICINITY OF SUCH BORDER AND PROVIDED  SUCH  PHYSICIAN  DOES
 NOT MAINTAIN AN OFFICE OR PLACE TO MEET PATIENTS OR RECEIVE CALLS WITHIN
 THIS STATE;
 S. 4007                            283                           A. 3007
 
   3.  ANY  PHYSICIAN WHO IS LICENSED IN ANOTHER STATE OR COUNTRY AND WHO
 IS MEETING A PHYSICIAN LICENSED IN THIS STATE, FOR PURPOSES OF CONSULTA-
 TION, PROVIDED SUCH PRACTICE IS LIMITED TO SUCH CONSULTATION;
   4.  ANY  PHYSICIAN WHO IS LICENSED IN ANOTHER STATE OR COUNTRY, WHO IS
 VISITING A MEDICAL SCHOOL OR TEACHING HOSPITAL IN THIS STATE TO  RECEIVE
 MEDICAL  INSTRUCTION FOR A PERIOD NOT TO EXCEED SIX MONTHS OR TO CONDUCT
 MEDICAL INSTRUCTION, PROVIDED SUCH PRACTICE IS LIMITED TO SUCH  INSTRUC-
 TION AND IS UNDER THE SUPERVISION OF A LICENSED PHYSICIAN;
   5. ANY PHYSICIAN WHO IS AUTHORIZED BY A FOREIGN GOVERNMENT TO PRACTICE
 IN  RELATION  TO  ITS  DIPLOMATIC, CONSULAR OR MARITIME STAFFS, PROVIDED
 SUCH PRACTICE IS LIMITED TO SUCH STAFFS;
   6. ANY COMMISSIONED MEDICAL OFFICER  WHO  IS  SERVING  IN  THE  UNITED
 STATES  ARMED  FORCES  OR  PUBLIC HEALTH SERVICE OR ANY PHYSICIAN WHO IS
 EMPLOYED IN THE UNITED STATES  VETERANS  ADMINISTRATION,  PROVIDED  SUCH
 PRACTICE IS LIMITED TO SUCH SERVICE OR EMPLOYMENT;
   7. ANY INTERN WHO IS EMPLOYED BY A HOSPITAL AND WHO IS A GRADUATE OF A
 MEDICAL SCHOOL IN THE UNITED STATES OR CANADA, PROVIDED SUCH PRACTICE IS
 LIMITED  TO  SUCH  HOSPITAL  AND  IS UNDER THE SUPERVISION OF A LICENSED
 PHYSICIAN;
   8. ANY MEDICAL STUDENT WHO IS PERFORMING A CLINICAL CLERKSHIP OR SIMI-
 LAR FUNCTION IN A HOSPITAL AND WHO IS MATRICULATED IN A  MEDICAL  SCHOOL
 WHICH  MEETS  STANDARDS  SATISFACTORY  TO  THE DEPARTMENT, PROVIDED SUCH
 PRACTICE IS LIMITED TO SUCH CLERKSHIP OR SIMILAR FUNCTION IN SUCH HOSPI-
 TAL;
   9. ANY DENTIST OR DENTAL SCHOOL GRADUATE ELIGIBLE FOR LICENSURE IN THE
 STATE WHO ADMINISTERS ANESTHESIA AS PART OF A HOSPITAL RESIDENCY PROGRAM
 ESTABLISHED FOR THE PURPOSE OF TRAINING DENTISTS IN ANESTHESIOLOGY; OR
   10. A. ANY PHYSICIAN WHO IS LICENSED AND IN GOOD STANDING  IN  ANOTHER
 STATE  OR  TERRITORY, AND WHO HAS A WRITTEN AGREEMENT TO PROVIDE MEDICAL
 SERVICES TO ATHLETES AND TEAM PERSONNEL OF A UNITED STATES  SPORTS  TEAM
 RECOGNIZED  BY  THE  UNITED  STATES OLYMPIC COMMITTEE OR AN OUT-OF-STATE
 SECONDARY SCHOOL, INSTITUTION OF  POSTSECONDARY  EDUCATION,  OR  PROFES-
 SIONAL  ATHLETIC  ORGANIZATION SPORTS TEAM, MAY PROVIDE MEDICAL SERVICES
 TO SUCH ATHLETES AND TEAM PERSONNEL AT A DISCRETE SANCTIONED TEAM SPORT-
 ING EVENT IN THIS STATE AS DEFINED BY THE COMMISSIONER  IN  REGULATIONS,
 PROVIDED  SUCH  SERVICES  ARE  PROVIDED  ONLY  TO SUCH ATHLETES AND TEAM
 PERSONNEL AT THE DISCRETE  SANCTIONED  TEAM  SPORTING  EVENT.  ANY  SUCH
 MEDICAL  SERVICES  SHALL BE PROVIDED ONLY FIVE DAYS BEFORE THROUGH THREE
 DAYS AFTER EACH DISCRETE SANCTIONED TEAM SPORTING EVENT.
   B. ANY PERSON PRACTICING AS A PHYSICIAN IN NEW YORK STATE PURSUANT  TO
 THIS  SUBDIVISION  SHALL  BE  SUBJECT TO THE PERSONAL AND SUBJECT MATTER
 JURISDICTION AND DISCIPLINARY AND REGULATORY AUTHORITY OF THE DEPARTMENT
 AND THE STATE BOARD FOR PROFESSIONAL MEDICAL CONDUCT ESTABLISHED  PURSU-
 ANT  TO  SECTION TWO HUNDRED THIRTY OF THIS CHAPTER AS IF HE OR SHE IS A
 LICENSEE AND AS IF THE EXEMPTION  PURSUANT  TO  THIS  SUBDIVISION  IS  A
 LICENSE. SUCH INDIVIDUAL SHALL COMPLY WITH APPLICABLE PROVISIONS OF THIS
 ARTICLE,  THIS CHAPTER, THE RULES OF THE DEPARTMENT, THE STATE BOARD FOR
 PROFESSIONAL MEDICAL CONDUCT ESTABLISHED PURSUANT TO SECTION TWO HUNDRED
 THIRTY OF THIS CHAPTER, AND THE REGULATIONS OF THE COMMISSIONER AND  THE
 COMMISSIONER  OF  HEALTH, RELATING TO PROFESSIONAL MISCONDUCT, DISCIPLI-
 NARY PROCEEDINGS AND PENALTIES FOR PROFESSIONAL MISCONDUCT.
   § 6527. SPECIAL PROVISIONS. 1.  A  NOT-FOR-PROFIT  MEDICAL  OR  DENTAL
 EXPENSE  INDEMNITY  CORPORATION OR A HOSPITAL SERVICE CORPORATION ORGAN-
 IZED UNDER THE INSURANCE LAW MAY EMPLOY LICENSED  PHYSICIANS  AND  ENTER
 INTO CONTRACTS WITH PARTNERSHIPS OR MEDICAL CORPORATIONS ORGANIZED UNDER
 ARTICLE  FORTY-FOUR  OF  THIS  CHAPTER, HEALTH MAINTENANCE ORGANIZATIONS
 S. 4007                            284                           A. 3007

 POSSESSING A CERTIFICATE OF AUTHORITY PURSUANT TO ARTICLE FORTY-FOUR  OF
 THIS  CHAPTER, PROFESSIONAL CORPORATIONS ORGANIZED UNDER ARTICLE FIFTEEN
 OF THE BUSINESS CORPORATION LAW OR OTHER GROUPS OF PHYSICIANS  TO  PRAC-
 TICE  MEDICINE  ON ITS BEHALF FOR PERSONS INSURED UNDER ITS CONTRACTS OR
 POLICIES.
   2. NOTWITHSTANDING ANY INCONSISTENT PROVISION OF ANY GENERAL,  SPECIAL
 OR  LOCAL  LAW,  ANY  LICENSED PHYSICIAN WHO VOLUNTARILY AND WITHOUT THE
 EXPECTATION OF MONETARY COMPENSATION  RENDERS  FIRST  AID  OR  EMERGENCY
 TREATMENT  AT  THE  SCENE  OF  AN ACCIDENT OR OTHER EMERGENCY, OUTSIDE A
 HOSPITAL, DOCTOR'S OFFICE OR ANY OTHER PLACE HAVING PROPER AND NECESSARY
 MEDICAL EQUIPMENT, TO A PERSON WHO IS UNCONSCIOUS, ILL OR INJURED, SHALL
 NOT BE LIABLE FOR DAMAGES FOR INJURIES ALLEGED TO HAVE BEEN SUSTAINED BY
 SUCH PERSON OR FOR DAMAGES FOR THE DEATH OF SUCH PERSON ALLEGED TO  HAVE
 OCCURRED  BY REASON OF AN ACT OR OMISSION IN THE RENDERING OF SUCH FIRST
 AID OR EMERGENCY TREATMENT UNLESS IT IS ESTABLISHED THAT  SUCH  INJURIES
 WERE  OR  SUCH  DEATH WAS CAUSED BY GROSS NEGLIGENCE ON THE PART OF SUCH
 PHYSICIAN. NOTHING IN THIS SUBDIVISION SHALL BE DEEMED OR  CONSTRUED  TO
 RELIEVE  A LICENSED PHYSICIAN FROM LIABILITY FOR DAMAGES FOR INJURIES OR
 DEATH CAUSED BY AN ACT OR OMISSION ON THE  PART  OF  A  PHYSICIAN  WHILE
 RENDERING PROFESSIONAL SERVICES IN THE NORMAL AND ORDINARY COURSE OF HIS
 PRACTICE.
   3. NO INDIVIDUAL WHO SERVES AS A MEMBER OF:
   A.  A COMMITTEE ESTABLISHED TO ADMINISTER A UTILIZATION REVIEW PLAN OF
 A HOSPITAL, INCLUDING A HOSPITAL AS DEFINED IN ARTICLE  TWENTY-EIGHT  OF
 THIS CHAPTER OR A HOSPITAL AS DEFINED IN SUBDIVISION TEN OF SECTION 1.03
 OF THE MENTAL HYGIENE LAW;
   B.  A  COMMITTEE  HAVING THE RESPONSIBILITY OF THE INVESTIGATION OF AN
 INCIDENT REPORTED PURSUANT TO SECTION 29.29 OF THE MENTAL HYGIENE LAW OR
 THE EVALUATION AND IMPROVEMENT OF THE QUALITY  OF  CARE  RENDERED  IN  A
 HOSPITAL  AS DEFINED IN ARTICLE TWENTY-EIGHT OF THIS CHAPTER OR A HOSPI-
 TAL AS DEFINED IN SUBDIVISION TEN OF SECTION 1.03 OF THE MENTAL  HYGIENE
 LAW;
   C.  ANY  MEDICAL  REVIEW COMMITTEE OR SUBCOMMITTEE THEREOF OF A LOCAL,
 COUNTY OR STATE MEDICAL, DENTAL, PODIATRY OR OPTOMETRICAL  SOCIETY,  ANY
 SUCH  SOCIETY ITSELF, A PROFESSIONAL STANDARDS REVIEW ORGANIZATION OR AN
 INDIVIDUAL WHEN SUCH COMMITTEE, SUBCOMMITTEE, SOCIETY,  ORGANIZATION  OR
 INDIVIDUAL  IS  PERFORMING ANY MEDICAL OR QUALITY ASSURANCE REVIEW FUNC-
 TION INCLUDING THE INVESTIGATION OF AN  INCIDENT  REPORTED  PURSUANT  TO
 SECTION  29.29 OF THE MENTAL HYGIENE LAW, EITHER DESCRIBED IN PARAGRAPHS
 A AND B OF THIS SUBDIVISION, REQUIRED BY LAW, OR INVOLVING  ANY  CONTRO-
 VERSY OR DISPUTE BETWEEN (I) A PHYSICIAN, DENTIST, PODIATRIST OR OPTOME-
 TRIST  OR HOSPITAL ADMINISTRATOR AND A PATIENT CONCERNING THE DIAGNOSIS,
 TREATMENT OR CARE OF SUCH PATIENT OR THE FEES  OR  CHARGES  THEREFOR  OR
 (II)  A PHYSICIAN, DENTIST, PODIATRIST OR OPTOMETRIST OR HOSPITAL ADMIN-
 ISTRATOR AND A PROVIDER OF MEDICAL, DENTAL,  PODIATRIC  OR  OPTOMETRICAL
 SERVICES CONCERNING ANY MEDICAL OR HEALTH CHARGES OR FEES OF SUCH PHYSI-
 CIAN, DENTIST, PODIATRIST OR OPTOMETRIST;
   D.  A  COMMITTEE  APPOINTED  PURSUANT  TO SECTION TWENTY-EIGHT HUNDRED
 FIVE-J OF THIS CHAPTER TO PARTICIPATE IN THE MEDICAL AND DENTAL MALPRAC-
 TICE PREVENTION PROGRAM;
   E. ANY INDIVIDUAL WHO PARTICIPATED  IN  THE  PREPARATION  OF  INCIDENT
 REPORTS  REQUIRED  BY THE DEPARTMENT OF HEALTH PURSUANT TO SECTION TWEN-
 TY-EIGHT HUNDRED FIVE-L OF THIS CHAPTER; OR 
   F. A COMMITTEE ESTABLISHED TO ADMINISTER A UTILIZATION REVIEW PLAN, OR
 A COMMITTEE HAVING THE RESPONSIBILITY OF EVALUATION AND  IMPROVEMENT  OF
 THE  QUALITY  OF  CARE  RENDERED,  IN  A HEALTH MAINTENANCE ORGANIZATION
 S. 4007                            285                           A. 3007
 
 ORGANIZED UNDER ARTICLE FORTY-FOUR OF THIS  CHAPTER  OR  ARTICLE  FORTY-
 THREE OF THE INSURANCE LAW, INCLUDING A COMMITTEE OF AN INDIVIDUAL PRAC-
 TICE  ASSOCIATION  OR  MEDICAL  GROUP ACTING PURSUANT TO A CONTRACT WITH
 SUCH  A  HEALTH  MAINTENANCE ORGANIZATION, SHALL BE LIABLE IN DAMAGES TO
 ANY PERSON FOR ANY ACTION TAKEN OR RECOMMENDATIONS MADE, BY HIM  OR  HER
 WITHIN  THE  SCOPE OF HIS OR HER FUNCTION IN SUCH CAPACITY PROVIDED THAT
 (I) SUCH INDIVIDUAL HAS TAKEN ACTION OR MADE RECOMMENDATIONS WITHIN  THE
 SCOPE OF HIS OR HER FUNCTION AND WITHOUT MALICE, AND (II) IN THE REASON-
 ABLE  BELIEF  AFTER REASONABLE INVESTIGATION THAT THE ACT OR RECOMMENDA-
 TION WAS WARRANTED, BASED UPON THE FACTS DISCLOSED.
   NEITHER THE PROCEEDINGS NOR THE RECORDS RELATING TO PERFORMANCE  OF  A
 MEDICAL  OR  A  QUALITY  ASSURANCE REVIEW FUNCTION OR PARTICIPATION IN A
 MEDICAL  AND  DENTAL  MALPRACTICE  PREVENTION  PROGRAM  NOR  ANY  REPORT
 REQUIRED  BY  THE  DEPARTMENT  PURSUANT  TO SECTION TWENTY-EIGHT HUNDRED
 FIVE-L OF THIS CHAPTER DESCRIBED HEREIN, INCLUDING THE INVESTIGATION  OF
 AN  INCIDENT  REPORTED  PURSUANT  TO SECTION 29.29 OF THE MENTAL HYGIENE
 LAW, SHALL BE SUBJECT TO DISCLOSURE  UNDER  ARTICLE  THIRTY-ONE  OF  THE
 CIVIL  PRACTICE  LAW  AND  RULES  EXCEPT  AS  HEREINAFTER PROVIDED OR AS
 PROVIDED BY ANY OTHER PROVISION OF LAW. NO PERSON  IN  ATTENDANCE  AT  A
 MEETING  WHEN  A  MEDICAL OR A QUALITY ASSURANCE REVIEW OR A MEDICAL AND
 DENTAL MALPRACTICE PREVENTION PROGRAM OR AN INCIDENT REPORTING  FUNCTION
 DESCRIBED  HEREIN WAS PERFORMED, INCLUDING THE INVESTIGATION OF AN INCI-
 DENT REPORTED PURSUANT TO SECTION 29.29 OF THE MENTAL HYGIENE LAW, SHALL
 BE REQUIRED TO TESTIFY AS TO WHAT TRANSPIRED  THEREAT.  THE  PROHIBITION
 RELATING  TO  DISCOVERY  OF  TESTIMONY SHALL NOT APPLY TO THE STATEMENTS
 MADE BY ANY PERSON IN ATTENDANCE AT SUCH A MEETING WHO IS A PARTY TO  AN
 ACTION  OR  PROCEEDING  THE SUBJECT MATTER OF WHICH WAS REVIEWED AT SUCH
 MEETING.
   4. THIS TITLE SHALL NOT BE CONSTRUED TO AFFECT OR PREVENT THE  FOLLOW-
 ING:
   A. THE FURNISHING OF MEDICAL ASSISTANCE IN AN EMERGENCY;
   B. THE PRACTICE OF THE RELIGIOUS TENETS OF ANY CHURCH;
   C.  A PHYSICIAN FROM REFUSING TO PERFORM AN ACT CONSTITUTING THE PRAC-
 TICE OF MEDICINE TO WHICH HE OR SHE IS CONSCIENTIOUSLY OPPOSED BY REASON
 OF RELIGIOUS TRAINING AND BELIEF;
   D. THE ORGANIZATION OF A MEDICAL CORPORATION UNDER ARTICLE  FORTY-FOUR
 OF  THIS  CHAPTER,  THE  ORGANIZATION  OF  A UNIVERSITY FACULTY PRACTICE
 CORPORATION UNDER SECTION FOURTEEN HUNDRED TWELVE OF THE  NOT-FOR-PROFIT
 CORPORATION  LAW  OR  THE  ORGANIZATION OF A PROFESSIONAL SERVICE CORPO-
 RATION UNDER ARTICLE FIFTEEN OF THE BUSINESS CORPORATION LAW; OR
   E. THE PHYSICIAN'S USE OF WHATEVER MEDICAL CARE, CONVENTIONAL OR  NON-
 CONVENTIONAL,  WHICH  EFFECTIVELY  TREATS  HUMAN  DISEASE, PAIN, INJURY,
 DEFORMITY OR PHYSICAL CONDITION.
   5. THERE SHALL BE NO MONETARY LIABILITY ON THE PART OF, AND  NO  CAUSE
 OF  ACTION  FOR  DAMAGES  SHALL  ARISE AGAINST, ANY PERSON, PARTNERSHIP,
 CORPORATION, FIRM, SOCIETY, OR OTHER ENTITY ON ACCOUNT OF  THE  COMMUNI-
 CATION  OF INFORMATION IN THE POSSESSION OF SUCH PERSON OR ENTITY, OR ON
 ACCOUNT OF ANY RECOMMENDATION OR EVALUATION,  REGARDING  THE  QUALIFICA-
 TIONS,  FITNESS, OR PROFESSIONAL CONDUCT OR PRACTICES OF A PHYSICIAN, TO
 ANY GOVERNMENTAL AGENCY, MEDICAL OR SPECIALISTS SOCIETY, A  HOSPITAL  AS
 DEFINED  IN ARTICLE TWENTY-EIGHT OF THE PUBLIC HEALTH LAW, A HOSPITAL AS
 DEFINED IN SUBDIVISION TEN OF SECTION 1.03 OF THE MENTAL HYGIENE LAW, OR
 A HEALTH MAINTENANCE ORGANIZATION ORGANIZED UNDER ARTICLE FORTY-FOUR  OF
 THIS  CHAPTER  OR  ARTICLE FORTY-THREE OF THE INSURANCE LAW, INCLUDING A
 COMMITTEE OF AN INDIVIDUAL PRACTICE ASSOCIATION OR MEDICAL GROUP  ACTING
 PURSUANT TO A CONTRACT WITH A HEALTH MAINTENANCE ORGANIZATION. THE FORE-
 S. 4007                            286                           A. 3007
 
 GOING  SHALL  NOT  APPLY TO INFORMATION WHICH IS UNTRUE AND COMMUNICATED
 WITH MALICIOUS INTENT.
   6. A LICENSED PHYSICIAN MAY PRESCRIBE AND ORDER A NON-PATIENT SPECIFIC
 REGIMEN  TO  A  REGISTERED  PROFESSIONAL  NURSE, PURSUANT TO REGULATIONS
 PROMULGATED BY THE COMMISSIONER, AND CONSISTENT WITH THIS CHAPTER, FOR:
   A. ADMINISTERING IMMUNIZATIONS.
   B. THE EMERGENCY TREATMENT OF ANAPHYLAXIS.
   C. ADMINISTERING PURIFIED PROTEIN  DERIVATIVE  (PPD)  TESTS  OR  OTHER
 TESTS TO DETECT OR SCREEN FOR TUBERCULOSIS INFECTIONS.
   D.  ADMINISTERING TESTS TO DETERMINE THE PRESENCE OF THE HUMAN IMMUNO-
 DEFICIENCY VIRUS.
   E. ADMINISTERING TESTS TO DETERMINE THE PRESENCE OF  THE  HEPATITIS  C
 VIRUS.
   F.  THE  URGENT  OR  EMERGENCY TREATMENT OF OPIOID RELATED OVERDOSE OR
 SUSPECTED OPIOID RELATED OVERDOSE.
   G. SCREENING OF PERSONS AT INCREASED RISK OF SYPHILIS,  GONORRHEA  AND
 CHLAMYDIA.
   7.  A  LICENSED  PHYSICIAN  MAY PRESCRIBE AND ORDER A PATIENT SPECIFIC
 ORDER OR NON-PATIENT SPECIFIC REGIMEN TO A LICENSED PHARMACIST, PURSUANT
 TO REGULATIONS PROMULGATED BY THE COMMISSIONER, AND CONSISTENT WITH THIS
 CHAPTER, FOR:
   A. ADMINISTERING IMMUNIZATIONS TO PREVENT INFLUENZA  TO  PATIENTS  TWO
 YEARS OF AGE OR OLDER;
   B.  ADMINISTERING  IMMUNIZATIONS TO PREVENT PNEUMOCOCCAL, ACUTE HERPES
 ZOSTER, HEPATITIS A, HEPATITIS B, HUMAN PAPILLOMAVIRUS, MEASLES,  MUMPS,
 RUBELLA,  VARICELLA,  COVID-19,  MENINGOCOCCAL,  TETANUS,  DIPHTHERIA OR
 PERTUSSIS DISEASE AND MEDICATIONS REQUIRED FOR  EMERGENCY  TREATMENT  OF
 ANAPHYLAXIS TO PATIENTS EIGHTEEN YEARS OF AGE OR OLDER; AND 
   C.  ADMINISTERING  OTHER  IMMUNIZATIONS  RECOMMENDED  BY  THE ADVISORY
 COMMITTEE ON IMMUNIZATION PRACTICES OF THE CENTERS FOR  DISEASE  CONTROL
 AND  PREVENTION  FOR  PATIENTS  EIGHTEEN  YEARS  OF  AGE OR OLDER IF THE
 COMMISSIONER DETERMINES THAT AN IMMUNIZATION:  (I)  (A)  MAY  BE  SAFELY
 ADMINISTERED BY A LICENSED PHARMACIST WITHIN THEIR LAWFUL SCOPE OF PRAC-
 TICE;  AND  (B)  IS  NEEDED  TO PREVENT THE TRANSMISSION OF A REPORTABLE
 COMMUNICABLE DISEASE THAT IS PREVALENT IN NEW YORK STATE; OR (II)  IS  A
 RECOMMENDED  IMMUNIZATION  FOR  SUCH PATIENTS WHO: (A) MEET AGE REQUIRE-
 MENTS, (B) LACK DOCUMENTATION OF SUCH IMMUNIZATION, (C) LACK EVIDENCE OF
 PAST INFECTION, OR (D) HAVE AN ADDITIONAL RISK FACTOR OR  ANOTHER  INDI-
 CATION  AS  RECOMMENDED  BY THE ADVISORY COMMITTEE ON IMMUNIZATION PRAC-
 TICES OF THE CENTERS FOR DISEASE CONTROL AND PREVENTION. NOTHING IN THIS
 SUBDIVISION SHALL AUTHORIZE UNLICENSED PERSONS TO  ADMINISTER  IMMUNIZA-
 TIONS, VACCINES OR OTHER DRUGS.
   8.  A  LICENSED  PHYSICIAN  MAY PRESCRIBE AND ORDER A PATIENT SPECIFIC
 ORDER OR NON-PATIENT SPECIFIC ORDER TO A LICENSED  PHARMACIST,  PURSUANT
 TO REGULATIONS PROMULGATED BY THE COMMISSIONER, AND CONSISTENT WITH THIS
 CHAPTER, FOR DISPENSING UP TO A SEVEN DAY STARTER PACK OF HIV POST-EXPO-
 SURE  PROPHYLAXIS  FOR  THE PURPOSE OF PREVENTING HUMAN IMMUNODEFICIENCY
 VIRUS INFECTION FOLLOWING A POTENTIAL HUMAN IMMUNODEFICIENCY VIRUS EXPO-
 SURE.
   9. NOTHING IN THIS TITLE SHALL PROHIBIT THE PROVISION OF PSYCHOTHERAPY
 AS DEFINED IN SUBDIVISION TWO OF SECTION EIGHTY-FOUR HUNDRED ONE OF THIS
 ARTICLE TO THE EXTENT PERMISSIBLE WITHIN THE SCOPE OF PRACTICE OF  MEDI-
 CINE, BY ANY NOT-FOR-PROFIT CORPORATION OR EDUCATION CORPORATION PROVID-
 ING  SERVICES  WITHIN THE STATE OF NEW YORK AND OPERATING UNDER A WAIVER
 PURSUANT TO SECTION SIXTY-FIVE HUNDRED THREE-A OF THIS ARTICLE, PROVIDED
 THAT SUCH ENTITIES  OFFERING  SUCH  PSYCHOTHERAPY  SERVICES  SHALL  ONLY
 S. 4007                            287                           A. 3007
 
 PROVIDE  SUCH  SERVICES  THROUGH AN INDIVIDUAL APPROPRIATELY LICENSED OR
 OTHERWISE AUTHORIZED TO PROVIDE SUCH SERVICES OR A  PROFESSIONAL  ENTITY
 AUTHORIZED BY LAW TO PROVIDE SUCH SERVICES.
   10. A. NOTHING IN THIS TITLE SHALL BE CONSTRUED TO AFFECT OR PREVENT A
 PERSON  IN  TRAINING  OR  TRAINED  AND DEEMED QUALIFIED BY A SUPERVISING
 LICENSED PHYSICIAN, TO ASSIST THE LICENSED PHYSICIAN IN THE  CARE  OF  A
 PATIENT FOR THE PURPOSE OF INSTILLING MYDRIATIC OR CYCLOPLEGIC EYE DROPS
 AND  ANESTHETIC EYE DROPS IN CONJUNCTION WITH SUCH DILATING DROPS TO THE
 SURFACE OF THE EYE OF A PATIENT, PROVIDED  THAT  THE  PERSON  INSTILLING
 SUCH EYE DROPS IS:
   (I) UNDER THE ON-SITE SUPERVISION OF A SUPERVISING LICENSED PHYSICIAN;
   (II) AT LEAST EIGHTEEN YEARS OF AGE; AND
   (III) COMPLIES WITH STANDARDS ISSUED BY THE DEPARTMENT.
   B.  THE  SUPERVISING LICENSED PHYSICIAN SHALL SUBMIT A FORM PRESCRIBED
 BY THE DEPARTMENT DETAILING  THE  IDENTITY  OF  EACH  PERSON  INSTILLING
 MYDRIATIC  OR CYCLOPLEGIC EYE DROPS AND ANESTHETIC EYE DROPS IN CONJUNC-
 TION WITH SUCH DILATING DROPS TO THE SURFACE OF THE EYE  OF  A  PATIENT,
 UNDER  HIS  OR  HER  SUPERVISION, ATTESTING TO COMPLIANCE WITH THE ABOVE
 REQUIREMENTS.
   C. THE SUPERVISING LICENSED PHYSICIAN'S USE OF ANY SUCH PERSON  PURSU-
 ANT  TO  THE  TERMS OF THIS SUBDIVISION SHALL BE UNDERTAKEN WITH PROFES-
 SIONAL JUDGMENT IN ORDER TO ENSURE THE  SAFETY  AND  WELL-BEING  OF  THE
 PATIENT.  SUCH  USE  SHALL  SUBJECT  THE  LICENSED PHYSICIAN TO THE FULL
 DISCIPLINARY AND REGULATORY AUTHORITY  OF  THE  OFFICE  OF  PROFESSIONAL
 MEDICAL  CONDUCT  AND THE DEPARTMENT. THE LICENSED PHYSICIAN MUST NOTIFY
 THE PATIENT OR THE PATIENT'S DESIGNATED HEALTH CARE SURROGATE  THAT  THE
 LICENSED PHYSICIAN MAY UTILIZE THE SERVICES OF AN INDIVIDUAL TO ADMINIS-
 TER  CERTAIN  EYE  DROPS  AND  MUST PROVIDE THE PATIENT OR THE PATIENT'S
 DESIGNATED HEALTH CARE SURROGATE THE OPPORTUNITY TO REFUSE THE  LICENSED
 PHYSICIAN'S PLAN TO UTILIZE SUCH PERSON.
   11. A LICENSED PHYSICIAN MAY PRESCRIBE AND ORDER A NON-PATIENT-SPECIF-
 IC  REGIMEN  TO  A LICENSED PHARMACIST, FOR INSULIN AND RELATED SUPPLIES
 PURSUANT TO SECTION SIXTY-EIGHT HUNDRED ONE OF THIS ARTICLE.
   §  6528.  QUALIFICATION  OF  CERTAIN  APPLICANTS  FOR  LICENSURE.   1.
 NOTWITHSTANDING  ANY  OTHER  PROVISIONS  OF THIS TITLE OR ANY LAW TO THE
 CONTRARY, AN INDIVIDUAL WHO AT THE TIME OF HIS OR HER  ENROLLMENT  IN  A
 MEDICAL  SCHOOL  OUTSIDE  THE  UNITED STATES IS A RESIDENT OF THE UNITED
 STATES SHALL BE ELIGIBLE FOR LICENSURE IN THIS STATE IF HE  OR  SHE  HAS
 SATISFIED  THE  REQUIREMENTS  OF  SUBDIVISIONS ONE, FIVE, SIX, SEVEN AND
 EIGHT OF SECTION SIXTY-FIVE HUNDRED TWENTY-FOUR OF THIS TITLE AND:
   A. HAS STUDIED MEDICINE IN A MEDICAL SCHOOL LOCATED OUTSIDE THE UNITED
 STATES WHICH IS RECOGNIZED BY THE WORLD HEALTH ORGANIZATION;
   B. HAS COMPLETED ALL OF THE FORMAL REQUIREMENTS OF THE FOREIGN MEDICAL
 SCHOOL EXCEPT INTERNSHIP AND/OR SOCIAL SERVICE;
   C. HAS ATTAINED A SCORE SATISFACTORY TO A MEDICAL SCHOOL  APPROVED  BY
 THE  LIAISON  COMMITTEE ON MEDICAL EDUCATION ON A QUALIFYING EXAMINATION
 ACCEPTABLE TO THE STATE  BOARD  FOR  MEDICINE,  AND  HAS  SATISFACTORILY
 COMPLETED  ONE  ACADEMIC  YEAR OF SUPERVISED CLINICAL TRAINING UNDER THE
 DIRECTION OF SUCH MEDICAL SCHOOL;
   D. HAS COMPLETED THE POST-GRADUATE HOSPITAL TRAINING REQUIRED  BY  THE
 STATE BOARD OF MEDICINE OF ALL APPLICANTS FOR LICENSURE; AND
   E.  HAS PASSED THE EXAMINATION REQUIRED BY THE STATE BOARD OF MEDICINE
 OF ALL APPLICANTS FOR LICENSURE.
   2. SATISFACTION OF THE REQUIREMENTS OF PARAGRAPHS A, B AND C OF SUBDI-
 VISION ONE OF THIS SECTION SHALL BE IN LIEU OF  THE  COMPLETION  OF  ANY
 FOREIGN  INTERNSHIP  AND/OR  SOCIAL  SERVICE  REQUIREMENTS,  AND NO SUCH
 S. 4007                            288                           A. 3007
 
 REQUIREMENTS SHALL BE A CONDITION OF LICENSURE AS A  PHYSICIAN  IN  THIS
 STATE.
   3. SATISFACTION OF THE REQUIREMENTS OF PARAGRAPHS A, B AND C OF SUBDI-
 VISION  ONE  OF  THIS  SECTION  SHALL BE IN LIEU OF CERTIFICATION BY THE
 EDUCATIONAL COUNCIL FOR FOREIGN  MEDICAL  GRADUATES,  AND  SUCH  CERTIF-
 ICATION  SHALL  NOT  BE  A CONDITION OF LICENSURE AS A PHYSICIAN IN THIS
 STATE FOR CANDIDATES WHO HAVE COMPLETED THE REQUIREMENTS OF  SUBDIVISION
 ONE OF THIS SECTION.
   4.  NO  HOSPITAL LICENSED BY THIS STATE, OR OPERATED BY THE STATE OR A
 POLITICAL SUBDIVISION THEREOF, OR WHICH RECEIVES STATE FINANCIAL ASSIST-
 ANCE, DIRECTLY OR INDIRECTLY, SHALL REQUIRE AN INDIVIDUAL WHO HAS SATIS-
 FIED THE REQUIREMENTS OF PARAGRAPHS A, B AND C  OF  SUBDIVISION  ONE  OF
 THIS  SECTION, AND WHO AT THE TIME OF HIS OR HER ENROLLMENT IN A MEDICAL
 SCHOOL OUTSIDE THE UNITED STATES IS A RESIDENT OF THE UNITED STATES,  TO
 SATISFY  ANY  FURTHER  EDUCATION  OR  EXAMINATION  REQUIREMENTS PRIOR TO
 COMMENCING AN INTERNSHIP OR RESIDENCY.
   5. A DOCUMENT GRANTED BY A MEDICAL SCHOOL LOCATED OUTSIDE  THE  UNITED
 STATES WHICH IS RECOGNIZED BY THE WORLD HEALTH ORGANIZATION ISSUED AFTER
 THE  COMPLETION  OF  ALL THE FORMAL REQUIREMENTS OF SUCH FOREIGN MEDICAL
 SCHOOL EXCEPT INTERNSHIP AND/OR SOCIAL SERVICE SHALL, UPON CERTIFICATION
 BY THE MEDICAL SCHOOL IN WHICH SUCH TRAINING WAS RECEIVED  OF  SATISFAC-
 TORY  COMPLETION  BY  THE PERSON TO WHOM SUCH DOCUMENT WAS ISSUED OF THE
 REQUIREMENTS LISTED IN PARAGRAPH C OF SUBDIVISION ONE OF  THIS  SECTION,
 BE  DEEMED THE EQUIVALENT OF A DEGREE OF DOCTOR OF MEDICINE FOR PURPOSES
 OF LICENSURE AND PRACTICE AS A PHYSICIAN IN THIS STATE.
   § 6529. POWER OF DEPARTMENT REGARDING CERTAIN  PHYSICIANS.    NOTWITH-
 STANDING ANY PROVISION OF LAW TO THE CONTRARY, THE DEPARTMENT IS AUTHOR-
 IZED,  IN  ITS  DISCRETION,  TO  CONFER THE DEGREE OF DOCTOR OF MEDICINE
 (M.D.) UPON PHYSICIANS WHO ARE LICENSED PURSUANT TO  SECTION  SIXTY-FIVE
 HUNDRED  TWENTY-FOUR OR SIXTY-FIVE HUNDRED TWENTY-EIGHT OF THIS ARTICLE.
 EACH APPLICANT SHALL PAY A FEE OF THREE HUNDRED DOLLARS TO  THE  DEPART-
 MENT FOR THE ISSUANCE OF SUCH DEGREE.
 
                                  TITLE 3
     DEFINITIONS OF PROFESSIONAL MISCONDUCT APPLICABLE TO PHYSICIANS,
            PHYSICIAN'S ASSISTANTS AND SPECIALIST'S ASSISTANTS
 SECTION 6530.   DEFINITIONS OF PROFESSIONAL MISCONDUCT.
         6531.   ADDITIONAL DEFINITION OF PROFESSIONAL MISCONDUCT, LIMIT-
                   ED APPLICATION.
         6531-A. ADDITIONAL DEFINITION OF PROFESSIONAL MISCONDUCT; MENTAL
                   HEALTH PROFESSIONALS.
         6532.   ENFORCEMENT,  ADMINISTRATION  AND INTERPRETATION OF THIS
                   TITLE.
   § 6530. DEFINITIONS OF PROFESSIONAL MISCONDUCT. EACH OF THE  FOLLOWING
 IS  PROFESSIONAL  MISCONDUCT,  AND  ANY  LICENSEE  FOUND  GUILTY OF SUCH
 MISCONDUCT UNDER THE PROCEDURES PRESCRIBED IN SECTION TWO HUNDRED THIRTY
 OF THIS CHAPTER SHALL BE SUBJECT TO PENALTIES AS PRESCRIBED  IN  SECTION
 TWO  HUNDRED  THIRTY-A  OF  THIS  CHAPTER EXCEPT THAT THE CHARGES MAY BE
 DISMISSED IN THE INTEREST OF JUSTICE:
   1. OBTAINING THE LICENSE FRAUDULENTLY;
   2. PRACTICING THE PROFESSION FRAUDULENTLY  OR  BEYOND  ITS  AUTHORIZED
 SCOPE;
   3.  PRACTICING  THE  PROFESSION WITH NEGLIGENCE ON MORE THAN ONE OCCA-
 SION;
   4. PRACTICING THE PROFESSION WITH GROSS  NEGLIGENCE  ON  A  PARTICULAR
 OCCASION;
 S. 4007                            289                           A. 3007
 
   5.  PRACTICING THE PROFESSION WITH INCOMPETENCE ON MORE THAN ONE OCCA-
 SION;
   6. PRACTICING THE PROFESSION WITH GROSS INCOMPETENCE;
   7.  PRACTICING  THE PROFESSION WHILE IMPAIRED BY ALCOHOL, DRUGS, PHYS-
 ICAL DISABILITY, OR MENTAL DISABILITY;
   8. BEING A HABITUAL ABUSER OF ALCOHOL, OR  BEING  DEPENDENT  ON  OR  A
 HABITUAL  USER  OF NARCOTICS, BARBITURATES, AMPHETAMINES, HALLUCINOGENS,
 OR OTHER DRUGS HAVING SIMILAR EFFECTS, EXCEPT  FOR  A  LICENSEE  WHO  IS
 MAINTAINED  ON AN APPROVED THERAPEUTIC REGIMEN WHICH DOES NOT IMPAIR THE
 ABILITY TO PRACTICE, OR HAVING A PSYCHIATRIC CONDITION WHICH IMPAIRS THE
 LICENSEE'S ABILITY TO PRACTICE;
   9. A. BEING CONVICTED OF COMMITTING AN ACT CONSTITUTING A CRIME UNDER:
   (I) NEW YORK STATE LAW OR,
   (II) FEDERAL LAW OR,
   (III) THE LAW OF ANOTHER JURISDICTION AND WHICH, IF  COMMITTED  WITHIN
 THIS STATE, WOULD HAVE CONSTITUTED A CRIME UNDER NEW YORK STATE LAW;
   B.  HAVING  BEEN  FOUND  GUILTY  OF  IMPROPER PROFESSIONAL PRACTICE OR
 PROFESSIONAL MISCONDUCT BY A DULY AUTHORIZED  PROFESSIONAL  DISCIPLINARY
 AGENCY  OF  ANOTHER  STATE  WHERE THE CONDUCT UPON WHICH THE FINDING WAS
 BASED WOULD, IF COMMITTED IN NEW  YORK  STATE,  CONSTITUTE  PROFESSIONAL
 MISCONDUCT UNDER THE LAWS OF NEW YORK STATE;
   C. HAVING BEEN FOUND GUILTY IN AN ADJUDICATORY PROCEEDING OF VIOLATING
 A  STATE  OR FEDERAL STATUTE OR REGULATION, PURSUANT TO A FINAL DECISION
 OR DETERMINATION, AND WHEN NO APPEAL IS PENDING, OR AFTER RESOLUTION  OF
 THE PROCEEDING BY STIPULATION OR AGREEMENT, AND WHEN THE VIOLATION WOULD
 CONSTITUTE PROFESSIONAL MISCONDUCT PURSUANT TO THIS SECTION;
   D.  HAVING  HIS OR HER LICENSE TO PRACTICE MEDICINE REVOKED, SUSPENDED
 OR HAVING OTHER DISCIPLINARY ACTION TAKEN, OR HAVING HIS OR HER APPLICA-
 TION FOR A LICENSE REFUSED, REVOKED OR SUSPENDED OR  HAVING  VOLUNTARILY
 OR  OTHERWISE SURRENDERED HIS OR HER LICENSE AFTER A DISCIPLINARY ACTION
 WAS INSTITUTED BY A DULY AUTHORIZED PROFESSIONAL DISCIPLINARY AGENCY  OF
 ANOTHER STATE, WHERE THE CONDUCT RESULTING IN THE REVOCATION, SUSPENSION
 OR  OTHER  DISCIPLINARY ACTION INVOLVING THE LICENSE OR REFUSAL, REVOCA-
 TION OR SUSPENSION OF AN APPLICATION FOR A LICENSE OR THE  SURRENDER  OF
 THE  LICENSE  WOULD,  IF COMMITTED IN NEW YORK STATE, CONSTITUTE PROFES-
 SIONAL MISCONDUCT UNDER THE LAWS OF NEW YORK STATE; OR
   E. HAVING BEEN FOUND BY THE COMMISSIONER TO BE IN VIOLATION OF ARTICLE
 THIRTY-THREE OF THIS CHAPTER;
   10. REFUSING TO PROVIDE PROFESSIONAL SERVICE TO A  PERSON  BECAUSE  OF
 SUCH PERSON'S RACE, CREED, COLOR OR NATIONAL ORIGIN;
   11.  PERMITTING,  AIDING  OR  ABETTING AN UNLICENSED PERSON TO PERFORM
 ACTIVITIES REQUIRING A LICENSE;
   12. PRACTICING THE PROFESSION WHILE THE LICENSE IS SUSPENDED OR  INAC-
 TIVE AS DEFINED IN SUBDIVISION THIRTEEN OF SECTION TWO HUNDRED THIRTY OF
 THIS  CHAPTER, OR WILLFULLY FAILING TO REGISTER OR NOTIFY THE DEPARTMENT
 OF HEALTH OF ANY CHANGE OF NAME OR MAILING ADDRESS,  OR,  IF  A  PROFES-
 SIONAL  SERVICE  CORPORATION,  WILLFULLY FAILING TO COMPLY WITH SECTIONS
 FIFTEEN HUNDRED THREE AND  FIFTEEN  HUNDRED  FOURTEEN  OF  THE  BUSINESS
 CORPORATION LAW OR, IF A UNIVERSITY FACULTY PRACTICE CORPORATION WILFUL-
 LY FAILING TO COMPLY WITH PARAGRAPHS (B), (C) AND (D) OF SECTION FIFTEEN
 HUNDRED  THREE  AND  SECTION  FIFTEEN  HUNDRED  FOURTEEN OF THE BUSINESS
 CORPORATION LAW;
   13. A WILLFUL VIOLATION BY A LICENSEE OF SUBDIVISION ELEVEN OF SECTION
 TWO HUNDRED THIRTY OF THIS CHAPTER;
 S. 4007                            290                           A. 3007
 
   14. A VIOLATION OF SECTION TWENTY-EIGHT HUNDRED THREE-D,  TWENTY-EIGHT
 HUNDRED  FIVE-K OR SUBPARAGRAPH (II) OF PARAGRAPH (H) OF SUBDIVISION TEN
 OF SECTION TWO HUNDRED THIRTY OF THIS CHAPTER;
   15.  FAILURE  TO  COMPLY  WITH AN ORDER ISSUED PURSUANT TO SUBDIVISION
 SEVEN, PARAGRAPH A OF SUBDIVISION  TEN,  AND  SUBDIVISION  SEVENTEEN  OF
 SECTION TWO HUNDRED THIRTY OF THIS CHAPTER;
   16.  A WILLFUL OR GROSSLY NEGLIGENT FAILURE TO COMPLY WITH SUBSTANTIAL
 PROVISIONS OF FEDERAL, STATE,  OR  LOCAL  LAWS,  RULES,  OR  REGULATIONS
 GOVERNING THE PRACTICE OF MEDICINE;
   17. EXERCISING UNDUE INFLUENCE ON THE PATIENT, INCLUDING THE PROMOTION
 OF  THE  SALE OF SERVICES, GOODS, APPLIANCES, OR DRUGS IN SUCH MANNER AS
 TO EXPLOIT THE PATIENT FOR THE FINANCIAL GAIN OF THE LICENSEE  OR  OF  A
 THIRD PARTY;
   18.  DIRECTLY OR INDIRECTLY OFFERING, GIVING, SOLICITING, OR RECEIVING
 OR AGREEING TO RECEIVE, ANY FEE OR OTHER  CONSIDERATION  TO  OR  FROM  A
 THIRD  PARTY  FOR  THE  REFERRAL  OF A PATIENT OR IN CONNECTION WITH THE
 PERFORMANCE OF PROFESSIONAL SERVICES;
   19. PERMITTING ANY PERSON  TO  SHARE  IN  THE  FEES  FOR  PROFESSIONAL
 SERVICES,  OTHER  THAN: A PARTNER, EMPLOYEE, ASSOCIATE IN A PROFESSIONAL
 FIRM OR CORPORATION, PROFESSIONAL SUBCONTRACTOR OR CONSULTANT AUTHORIZED
 TO PRACTICE MEDICINE, OR A LEGALLY AUTHORIZED TRAINEE  PRACTICING  UNDER
 THE  SUPERVISION  OF  A  LICENSEE.  THIS  PROHIBITION  SHALL INCLUDE ANY
 ARRANGEMENT OR AGREEMENT WHEREBY THE  AMOUNT  RECEIVED  IN  PAYMENT  FOR
 FURNISHING  SPACE, FACILITIES, EQUIPMENT OR PERSONNEL SERVICES USED BY A
 LICENSEE CONSTITUTES A PERCENTAGE OF, OR IS  OTHERWISE  DEPENDENT  UPON,
 THE  INCOME  OR  RECEIPTS  OF THE LICENSEE FROM SUCH PRACTICE, EXCEPT AS
 OTHERWISE PROVIDED BY LAW WITH RESPECT TO A FACILITY  LICENSED  PURSUANT
 TO  ARTICLE  TWENTY-EIGHT  OF  THIS  CHAPTER  OR ARTICLE THIRTEEN OF THE
 MENTAL HYGIENE LAW;
   20. CONDUCT IN THE PRACTICE OF MEDICINE WHICH EVIDENCES  MORAL  UNFIT-
 NESS TO PRACTICE MEDICINE;
   21.  WILLFULLY  MAKING  OR FILING A FALSE REPORT, OR FAILING TO FILE A
 REPORT REQUIRED BY LAW OR BY THE DEPARTMENT OF HEALTH OR  THE  EDUCATION
 DEPARTMENT,  OR WILLFULLY IMPEDING OR OBSTRUCTING SUCH FILING, OR INDUC-
 ING ANOTHER PERSON TO DO SO;
   22. FAILING TO MAKE AVAILABLE TO A PATIENT, UPON  REQUEST,  COPIES  OF
 DOCUMENTS  IN  THE POSSESSION OR UNDER THE CONTROL OF THE LICENSEE WHICH
 HAVE BEEN PREPARED FOR AND PAID FOR BY THE PATIENT OR CLIENT;
   23. REVEALING OF PERSONALLY IDENTIFIABLE FACTS, DATA,  OR  INFORMATION
 OBTAINED  IN  A  PROFESSIONAL  CAPACITY WITHOUT THE PRIOR CONSENT OF THE
 PATIENT, EXCEPT AS AUTHORIZED OR REQUIRED BY LAW;
   24. PRACTICING OR OFFERING TO PRACTICE BEYOND THE SCOPE  PERMITTED  BY
 LAW, OR ACCEPTING AND PERFORMING PROFESSIONAL RESPONSIBILITIES WHICH THE
 LICENSEE  KNOWS OR HAS REASON TO KNOW THAT HE OR SHE IS NOT COMPETENT TO
 PERFORM,  OR  PERFORMING  WITHOUT  ADEQUATE   SUPERVISION   PROFESSIONAL
 SERVICES  WHICH  THE  LICENSEE  IS  AUTHORIZED TO PERFORM ONLY UNDER THE
 SUPERVISION OF A LICENSED PROFESSIONAL, EXCEPT IN AN EMERGENCY SITUATION
 WHERE A PERSON'S LIFE OR HEALTH IS IN DANGER;
   25. DELEGATING PROFESSIONAL RESPONSIBILITIES  TO  A  PERSON  WHEN  THE
 LICENSEE  DELEGATING  SUCH  RESPONSIBILITIES KNOWS OR HAS REASON TO KNOW
 THAT SUCH PERSON IS NOT QUALIFIED, BY TRAINING,  BY  EXPERIENCE,  OR  BY
 LICENSURE, TO PERFORM THEM;
   25-A.  WITH  RESPECT  TO  ANY  NON-EMERGENCY  TREATMENT,  PROCEDURE OR
 SURGERY WHICH IS EXPECTED TO INVOLVE LOCAL OR GENERAL ANESTHESIA,  FAIL-
 ING  TO DISCLOSE TO THE PATIENT THE IDENTITIES OF ALL PHYSICIANS, EXCEPT
 MEDICAL  RESIDENTS  IN  CERTIFIED  TRAINING  PROGRAMS,  PODIATRISTS  AND
 S. 4007                            291                           A. 3007
 
 DENTISTS,  REASONABLY ANTICIPATED TO BE ACTIVELY INVOLVED IN SUCH TREAT-
 MENT, PROCEDURE OR SURGERY AND TO OBTAIN SUCH PATIENT'S INFORMED CONSENT
 TO SAID PRACTITIONERS' PARTICIPATION;
   26.  PERFORMING PROFESSIONAL SERVICES WHICH HAVE NOT BEEN DULY AUTHOR-
 IZED BY THE PATIENT OR HIS OR HER LEGAL REPRESENTATIVE;
   27. ADVERTISING OR SOLICITING FOR PATRONAGE THAT IS NOT IN THE  PUBLIC
 INTEREST.  A. ADVERTISING OR SOLICITING NOT IN THE PUBLIC INTEREST SHALL
 INCLUDE, BUT NOT BE LIMITED TO, ADVERTISING OR SOLICITING THAT:  (I)  IS
 FALSE, FRAUDULENT, DECEPTIVE, MISLEADING, SENSATIONAL, OR FLAMBOYANT;
   (II) REPRESENTS INTIMIDATION OR UNDUE PRESSURE;
   (III) USES TESTIMONIALS;
   (IV) GUARANTEES ANY SERVICE;
   (V)  MAKES  ANY CLAIM RELATING TO PROFESSIONAL SERVICES OR PRODUCTS OR
 THE COSTS OR PRICE THEREFOR WHICH CANNOT BE SUBSTANTIATED BY THE  LICEN-
 SEE, WHO SHALL HAVE THE BURDEN OF PROOF;
   (VI) MAKES CLAIMS OF PROFESSIONAL SUPERIORITY WHICH CANNOT BE SUBSTAN-
 TIATED BY THE LICENSEE, WHO SHALL HAVE THE BURDEN OF PROOF; OR
   (VII)  OFFERS BONUSES OR INDUCEMENTS IN ANY FORM OTHER THAN A DISCOUNT
 OR REDUCTION IN AN ESTABLISHED FEE OR PRICE FOR A  PROFESSIONAL  SERVICE
 OR PRODUCT.
   B.  THE  FOLLOWING  SHALL BE DEEMED APPROPRIATE MEANS OF INFORMING THE
 PUBLIC OF THE AVAILABILITY OF PROFESSIONAL SERVICES:  (I)  INFORMATIONAL
 ADVERTISING NOT CONTRARY TO THE FOREGOING PROHIBITIONS; AND
   (II) THE ADVERTISING IN A NEWSPAPER, PERIODICAL OR PROFESSIONAL DIREC-
 TORY  OR  ON  RADIO  OR TELEVISION OF FIXED PRICES, OR A STATED RANGE OF
 PRICES, FOR SPECIFIED ROUTINE PROFESSIONAL SERVICES,  PROVIDED  THAT  IF
 THERE IS AN ADDITIONAL CHARGE FOR RELATED SERVICES WHICH ARE AN INTEGRAL
 PART  OF  THE OVERALL SERVICE BEING PROVIDED BY THE LICENSEE, THE ADVER-
 TISEMENT SHALL SO STATE, AND PROVIDED  FURTHER  THAT  THE  ADVERTISEMENT
 INDICATES THE PERIOD OF TIME FOR WHICH THE ADVERTISED PRICES SHALL BE IN
 EFFECT.
   C.  (I)  ALL LICENSEES PLACING ADVERTISEMENTS SHALL MAINTAIN, OR CAUSE
 TO BE MAINTAINED, AN EXACT COPY OF EACH ADVERTISEMENT, TRANSCRIPT,  TAPE
 OR  VIDEO  TAPE THEREOF AS APPROPRIATE FOR THE MEDIUM USED, FOR A PERIOD
 OF ONE YEAR AFTER ITS LAST APPEARANCE. THIS COPY SHALL BE MADE AVAILABLE
 FOR INSPECTION UPON DEMAND OF THE DEPARTMENT;
   (II) A LICENSEE SHALL NOT COMPENSATE OR  GIVE  ANYTHING  OF  VALUE  TO
 REPRESENTATIVES  OF THE PRESS, RADIO, TELEVISION OR OTHER COMMUNICATIONS
 MEDIA IN ANTICIPATION OF OR IN RETURN FOR PROFESSIONAL  PUBLICITY  IN  A
 NEWS ITEM;
   D.  NO  DEMONSTRATIONS,  DRAMATIZATIONS OR OTHER PORTRAYALS OF PROFES-
 SIONAL PRACTICE SHALL BE PERMITTED IN  ADVERTISING  ON  RADIO  OR  TELE-
 VISION;
   28.  FAILING  TO  RESPOND WITHIN THIRTY DAYS TO WRITTEN COMMUNICATIONS
 FROM THE DEPARTMENT OF HEALTH AND TO MAKE AVAILABLE ANY RELEVANT RECORDS
 WITH RESPECT TO AN INQUIRY OR COMPLAINT  ABOUT  THE  LICENSEE'S  PROFES-
 SIONAL  MISCONDUCT. THE PERIOD OF THIRTY DAYS SHALL COMMENCE ON THE DATE
 WHEN SUCH COMMUNICATION WAS DELIVERED PERSONALLY TO THE  LICENSEE.    IF
 THE COMMUNICATION IS SENT FROM THE DEPARTMENT BY REGISTERED OR CERTIFIED
 MAIL,  WITH  RETURN  RECEIPT  REQUESTED, TO THE ADDRESS APPEARING IN THE
 LAST REGISTRATION, THE PERIOD OF THIRTY DAYS SHALL COMMENCE ON THE  DATE
 OF DELIVERY TO THE LICENSEE, AS INDICATED BY THE RETURN RECEIPT;
   29. VIOLATING ANY TERM OF PROBATION OR CONDITION OR LIMITATION IMPOSED
 ON THE LICENSEE PURSUANT TO SECTION TWO HUNDRED THIRTY OF THIS CHAPTER;
   30.  ABANDONING OR NEGLECTING A PATIENT UNDER AND IN NEED OF IMMEDIATE
 PROFESSIONAL  CARE,  WITHOUT  MAKING  REASONABLE  ARRANGEMENTS  FOR  THE
 S. 4007                            292                           A. 3007
 
 CONTINUATION  OF SUCH CARE, OR ABANDONING A PROFESSIONAL EMPLOYMENT BY A
 GROUP PRACTICE, HOSPITAL, CLINIC OR OTHER HEALTH CARE FACILITY,  WITHOUT
 REASONABLE  NOTICE  AND  UNDER  CIRCUMSTANCES WHICH SERIOUSLY IMPAIR THE
 DELIVERY OF PROFESSIONAL CARE TO PATIENTS OR CLIENTS;
   31.  WILLFULLY  HARASSING,  ABUSING,  OR INTIMIDATING A PATIENT EITHER
 PHYSICALLY OR VERBALLY;
   32. FAILING TO MAINTAIN A RECORD FOR  EACH  PATIENT  WHICH  ACCURATELY
 REFLECTS THE EVALUATION AND TREATMENT OF THE PATIENT, PROVIDED, HOWEVER,
 THAT A PHYSICIAN WHO TRANSFERS AN ORIGINAL MAMMOGRAM TO A MEDICAL INSTI-
 TUTION,  OR TO A PHYSICIAN OR HEALTH CARE PROVIDER OF THE PATIENT, OR TO
 THE PATIENT DIRECTLY, AS OTHERWISE PROVIDED BY LAW, SHALL HAVE NO  OBLI-
 GATION  UNDER  THIS  SECTION TO MAINTAIN THE ORIGINAL OR A COPY THEREOF.
 UNLESS OTHERWISE PROVIDED BY LAW, ALL PATIENT RECORDS MUST  BE  RETAINED
 FOR  AT  LEAST  SIX  YEARS.  OBSTETRICAL  RECORDS  AND  RECORDS OF MINOR
 PATIENTS MUST BE RETAINED FOR AT LEAST SIX YEARS,  AND  UNTIL  ONE  YEAR
 AFTER THE MINOR PATIENT REACHES THE AGE OF EIGHTEEN YEARS;
   33.  FAILING  TO EXERCISE APPROPRIATE SUPERVISION OVER PERSONS WHO ARE
 AUTHORIZED TO PRACTICE ONLY UNDER THE SUPERVISION OF THE LICENSEE;
   34. GUARANTEEING THAT SATISFACTION OR A  CURE  WILL  RESULT  FROM  THE
 PERFORMANCE OF PROFESSIONAL SERVICES;
   35. ORDERING OF EXCESSIVE TESTS, TREATMENT, OR USE OF TREATMENT FACIL-
 ITIES NOT WARRANTED BY THE CONDITION OF THE PATIENT;
   36.  CLAIMING OR USING ANY SECRET OR SPECIAL METHOD OF TREATMENT WHICH
 THE LICENSEE REFUSED TO DIVULGE TO THE DEPARTMENT OF HEALTH;
   37. FAILING TO WEAR AN IDENTIFYING BADGE, WHICH SHALL BE CONSPICUOUSLY
 DISPLAYED AND LEGIBLE, INDICATING THE PRACTITIONER'S  NAME  AND  PROFES-
 SIONAL TITLE AUTHORIZED PURSUANT TO THIS CHAPTER, WHILE PRACTICING AS AN
 EMPLOYEE OR OPERATOR OF A HOSPITAL, CLINIC, GROUP PRACTICE OR MULTI-PRO-
 FESSIONAL  FACILITY,  OR  AT  A COMMERCIAL ESTABLISHMENT OFFERING HEALTH
 SERVICES TO THE PUBLIC;
   38. ENTERING INTO AN ARRANGEMENT OR AGREEMENT WITH A PHARMACY FOR  THE
 COMPOUNDING   AND/OR   DISPENSING   OF   CODED   OR   SPECIALLY   MARKED
 PRESCRIPTIONS;
   39. WITH RESPECT TO ALL  PROFESSIONAL  PRACTICES  CONDUCTED  UNDER  AN
 ASSUMED  NAME,  OTHER THAN FACILITIES LICENSED PURSUANT TO ARTICLE TWEN-
 TY-EIGHT OF THIS CHAPTER OR ARTICLE THIRTEEN OF THE MENTAL HYGIENE  LAW,
 FAILING  TO POST CONSPICUOUSLY AT THE SITE OF SUCH PRACTICE THE NAME AND
 LICENSURE FIELD OF ALL OF THE PRINCIPAL PROFESSIONAL  LICENSEES  ENGAGED
 IN  THE  PRACTICE  AT  THAT  SITE (I.E., PRINCIPAL PARTNERS, OFFICERS OR
 PRINCIPAL SHAREHOLDERS);
   40. FAILING TO PROVIDE ACCESS BY QUALIFIED PERSONS TO PATIENT INFORMA-
 TION IN ACCORDANCE WITH THE STANDARDS SET FORTH IN SECTION  EIGHTEEN  OF
 THIS  CHAPTER, AS ADDED BY CHAPTER FOUR HUNDRED NINETY-SEVEN OF THE LAWS
 OF NINETEEN HUNDRED EIGHTY-SIX;
   41. KNOWINGLY OR WILLFULLY PERFORMING A COMPLETE OR PARTIAL AUTOPSY ON
 A DECEASED PERSON WITHOUT LAWFUL AUTHORITY;
   42. FAILING TO COMPLY WITH A SIGNED AGREEMENT TO PRACTICE MEDICINE  IN
 NEW  YORK  STATE  IN  AN AREA DESIGNATED BY THE COMMISSIONER AS HAVING A
 SHORTAGE OF PHYSICIANS OR REFUSING TO REPAY MEDICAL EDUCATION  COSTS  IN
 LIEU  OF  SUCH REQUIRED SERVICE, OR FAILING TO COMPLY WITH ANY PROVISION
 OF A WRITTEN AGREEMENT WITH THE STATE OR ANY MUNICIPALITY  WITHIN  WHICH
 THE LICENSEE HAS AGREED TO PROVIDE MEDICAL SERVICE, OR REFUSING TO REPAY
 FUNDS  IN  LIEU  OF  SUCH SERVICE AS CONSIDERATION OF AWARDS MADE BY THE
 STATE OR ANY MUNICIPALITY THEREOF FOR HIS OR HER PROFESSIONAL  EDUCATION
 IN MEDICINE, OR FAILING TO COMPLY WITH ANY AGREEMENT ENTERED INTO TO AID
 HIS OR HER MEDICAL EDUCATION;
 S. 4007                            293                           A. 3007
 
   43.  FAILING  TO COMPLETE FORMS OR REPORTS REQUIRED FOR THE REIMBURSE-
 MENT OF A PATIENT BY A THIRD PARTY. REASONABLE FEES MAY BE  CHARGED  FOR
 SUCH  FORMS  OR REPORTS, BUT PRIOR PAYMENT FOR THE PROFESSIONAL SERVICES
 TO WHICH SUCH FORMS OR REPORTS RELATE MAY NOT BE REQUIRED AS A CONDITION
 FOR MAKING SUCH FORMS OR REPORTS AVAILABLE;
   44. IN THE PRACTICE OF PSYCHIATRY:
   A.  ANY  PHYSICAL  CONTACT  OF  A  SEXUAL  NATURE BETWEEN LICENSEE AND
 PATIENT EXCEPT THE USE OF FILMS AND/OR OTHER AUDIOVISUAL AIDS WITH INDI-
 VIDUALS OR GROUPS IN THE DEVELOPMENT OF APPROPRIATE RESPONSES  TO  OVER-
 COME SEXUAL DYSFUNCTION; AND
   B. IN THERAPY GROUPS, ACTIVITIES WHICH PROMOTE EXPLICIT PHYSICAL SEXU-
 AL CONTACT BETWEEN GROUP MEMBERS DURING SESSIONS;
   45.  IN  THE  PRACTICE OF OPHTHALMOLOGY, FAILING TO PROVIDE A PATIENT,
 UPON REQUEST,  WITH  THE  PATIENT'S  PRESCRIPTION  INCLUDING  THE  NAME,
 ADDRESS,   AND   SIGNATURE  OF  THE  PRESCRIBER  AND  THE  DATE  OF  THE
 PRESCRIPTION;
   46. A VIOLATION OF SECTION TWO HUNDRED THIRTY-NINE OF THIS CHAPTER  BY
 A PROFESSIONAL;
   47.  FAILURE  TO  USE  SCIENTIFICALLY ACCEPTED BARRIER PRECAUTIONS AND
 INFECTION CONTROL PRACTICES AS ESTABLISHED BY THE DEPARTMENT  OF  HEALTH
 PURSUANT TO SECTION TWO HUNDRED THIRTY-A OF THIS CHAPTER;
   48. A VIOLATION OF SECTION TWO HUNDRED THIRTY-D OF THIS CHAPTER OR THE
 REGULATIONS OF THE COMMISSIONER ENACTED THEREUNDER;
   49. EXCEPT FOR GOOD CAUSE SHOWN, FAILING TO PROVIDE WITHIN ONE DAY ANY
 RELEVANT  RECORDS  OR  OTHER INFORMATION REQUESTED BY THE STATE OR LOCAL
 DEPARTMENT OF HEALTH WITH RESPECT TO AN  INQUIRY  INTO  A  REPORT  OF  A
 COMMUNICABLE DISEASE AS DEFINED IN THE STATE SANITARY CODE, OR HIV/AIDS;
 AND
   50.  PERFORMING A PELVIC EXAMINATION OR SUPERVISING THE PERFORMANCE OF
 A PELVIC EXAMINATION IN VIOLATION OF SUBDIVISION SEVEN OF SECTION  TWEN-
 TY-FIVE HUNDRED FOUR OF THIS CHAPTER.
   §  6531.  ADDITIONAL  DEFINITION  OF  PROFESSIONAL MISCONDUCT, LIMITED
 APPLICATION.  NOTWITHSTANDING ANY INCONSISTENT PROVISION OF  THIS  TITLE
 OR ANY OTHER PROVISIONS OF LAW TO THE CONTRARY, THE LICENSE OR REGISTRA-
 TION  OF A PERSON SUBJECT TO THE PROVISIONS OF THIS TITLE AND TITLE FOUR
 OF THIS ARTICLE MAY BE REVOKED, SUSPENDED, OR ANNULLED  OR  SUCH  PERSON
 MAY  BE  SUBJECT  TO  ANY  OTHER PENALTY PROVIDED IN SECTION TWO HUNDRED
 THIRTY-A OF THIS CHAPTER IN ACCORDANCE WITH THE  PROVISIONS  AND  PROCE-
 DURES OF THIS TITLE FOR THE FOLLOWING:
   THAT  ANY  PERSON SUBJECT TO SECTION SIXTY-FIVE HUNDRED THIRTY OF THIS
 TITLE THAT HAS DIRECTLY OR INDIRECTLY  REQUESTED,  RECEIVED  OR  PARTIC-
 IPATED  IN THE DIVISION, TRANSFERENCE, ASSIGNMENT, REBATE, SPLITTING, OR
 REFUNDING OF A FEE FOR, OR HAS DIRECTLY REQUESTED, RECEIVED OR  PROFITED
 BY  MEANS  OF  A CREDIT OR OTHER VALUABLE CONSIDERATION AS A COMMISSION,
 DISCOUNT OR GRATUITY, IN CONNECTION WITH THE FURNISHING OF  PROFESSIONAL
 CARE OR SERVICE, INCLUDING X-RAY EXAMINATION AND TREATMENT, OR FOR OR IN
 CONNECTION  WITH  THE SALE, RENTAL, SUPPLYING, OR FURNISHING OF CLINICAL
 LABORATORY SERVICES OR SUPPLIES, X-RAY LABORATORY SERVICES OR  SUPPLIES,
 INHALATION  THERAPY SERVICE OR EQUIPMENT, AMBULANCE SERVICE, HOSPITAL OR
 MEDICAL SUPPLIES, PHYSIOTHERAPY OR OTHER THERAPEUTIC SERVICE  OR  EQUIP-
 MENT, ARTIFICIAL LIMBS, TEETH OR EYES, ORTHOPEDIC OR SURGICAL APPLIANCES
 OR SUPPLIES, OPTICAL APPLIANCES, SUPPLIES, OR EQUIPMENT, DEVICES FOR AID
 OF  HEARING, DRUGS, MEDICATION, OR MEDICAL SUPPLIES, OR ANY OTHER GOODS,
 SERVICES, OR SUPPLIES PRESCRIBED FOR MEDICAL DIAGNOSIS, CARE, OR  TREAT-
 MENT  UNDER THIS CHAPTER, EXCEPT PAYMENT, NOT TO EXCEED THIRTY-THREE AND
 ONE-THIRD PERCENT OF ANY FEE RECEIVED FOR X-RAY EXAMINATION,  DIAGNOSIS,
 S. 4007                            294                           A. 3007
 
 OR  TREATMENT,  TO  ANY HOSPITAL FURNISHING FACILITIES FOR SUCH EXAMINA-
 TION, DIAGNOSIS, OR TREATMENT. NOTHING CONTAINED IN THIS  SECTION  SHALL
 PROHIBIT  SUCH  PERSONS  FROM  PRACTICING AS PARTNERS, IN GROUPS OR AS A
 PROFESSIONAL  CORPORATION  OR  AS  A  UNIVERSITY FACULTY PRACTICE CORPO-
 RATION, NOR FROM POOLING FEES AND MONEYS RECEIVED, EITHER BY  THE  PART-
 NERSHIPS,  PROFESSIONAL  CORPORATIONS,  OR  UNIVERSITY  FACULTY PRACTICE
 CORPORATIONS OR GROUPS BY THE INDIVIDUAL MEMBERS  THEREOF,  FOR  PROFES-
 SIONAL  SERVICES  FURNISHED  BY  AN  INDIVIDUAL  PROFESSIONAL MEMBER, OR
 EMPLOYEE OF SUCH PARTNERSHIP,  CORPORATION,  OR  GROUP,  NOR  SHALL  THE
 PROFESSIONALS  CONSTITUTING  THE PARTNERSHIPS, CORPORATIONS OR GROUPS BE
 PROHIBITED FROM SHARING, DIVIDING, OR APPORTIONING THE FEES  AND  MONEYS
 RECEIVED BY THEM OR BY THE PARTNERSHIP, CORPORATION, OR GROUP IN ACCORD-
 ANCE  WITH A PARTNERSHIP OR OTHER AGREEMENT; PROVIDED THAT NO SUCH PRAC-
 TICE AS PARTNERS, CORPORATIONS, OR GROUPS, OR POOLING OF FEES OR  MONEYS
 RECEIVED OR SHARED, DIVISION OR APPORTIONMENT OF FEES SHALL BE PERMITTED
 WITH RESPECT TO AND TREATMENT UNDER THE WORKERS' COMPENSATION LAW. NOTH-
 ING  CONTAINED  IN  THIS  CHAPTER  SHALL PROHIBIT A CORPORATION LICENSED
 PURSUANT TO ARTICLE FORTY-THREE OF THE INSURANCE  LAW  PURSUANT  TO  ITS
 CONTRACT  WITH  THE  SUBSCRIBED  FROM  PRORATIONING  A MEDICAL OR DENTAL
 EXPENSES INDEMNITY ALLOWANCE AMONG TWO OR MORE PROFESSIONALS IN  PROPOR-
 TION  TO  THE SERVICES RENDERED BY EACH SUCH PROFESSIONAL AT THE REQUEST
 OF THE SUBSCRIBER, PROVIDED THAT PRIOR TO PAYMENT THEREOF  SUCH  PROFES-
 SIONALS  SHALL SUBMIT BOTH TO THE CORPORATION LICENSED PURSUANT TO ARTI-
 CLE FORTY-THREE OF THE INSURANCE LAW AND TO  THE  SUBSCRIBER  STATEMENTS
 ITEMIZING THE SERVICES RENDERED BY EACH SUCH PROFESSIONAL AND THE CHARG-
 ES THEREFOR.
   §  6531-A.  ADDITIONAL  DEFINITION  OF PROFESSIONAL MISCONDUCT; MENTAL
 HEALTH PROFESSIONALS.
   1. DEFINITIONS. FOR THE PURPOSES OF THIS SECTION:
   A.  "MENTAL  HEALTH  PROFESSIONAL"  MEANS  A  PERSON  SUBJECT  TO  THE
 PROVISIONS OF TITLE TWO OF THIS ARTICLE.
   B.  "SEXUAL  ORIENTATION  CHANGE  EFFORTS" (I) MEANS ANY PRACTICE BY A
 MENTAL HEALTH PROFESSIONAL THAT SEEKS TO CHANGE AN  INDIVIDUAL'S  SEXUAL
 ORIENTATION, INCLUDING, BUT NOT LIMITED TO, EFFORTS TO CHANGE BEHAVIORS,
 GENDER IDENTITY, OR GENDER EXPRESSIONS, OR TO ELIMINATE OR REDUCE SEXUAL
 OR ROMANTIC ATTRACTIONS OR FEELINGS TOWARDS INDIVIDUALS OF THE SAME SEX;
 AND (II) SHALL NOT INCLUDE COUNSELING FOR A PERSON SEEKING TO TRANSITION
 FROM ONE GENDER TO ANOTHER, OR PSYCHOTHERAPIES THAT: (A) PROVIDE ACCEPT-
 ANCE,  SUPPORT  AND  UNDERSTANDING  OF  PATIENTS  OR THE FACILITATION OF
 PATIENTS' COPING, SOCIAL SUPPORT, AND IDENTITY EXPLORATION AND  DEVELOP-
 MENT,  INCLUDING  SEXUAL ORIENTATION-NEUTRAL INTERVENTIONS TO PREVENT OR
 ADDRESS UNLAWFUL CONDUCT OR UNSAFE SEXUAL PRACTICES; AND (B) DO NOT SEEK
 TO CHANGE SEXUAL ORIENTATION.
   2. IT SHALL BE PROFESSIONAL MISCONDUCT FOR  A  MENTAL  HEALTH  PROFES-
 SIONAL  TO  ENGAGE IN SEXUAL ORIENTATION CHANGE EFFORTS UPON ANY PATIENT
 UNDER THE AGE OF EIGHTEEN YEARS,  AND  ANY  MENTAL  HEALTH  PROFESSIONAL
 FOUND GUILTY OF SUCH MISCONDUCT UNDER THE PROCEDURES PRESCRIBED IN TITLE
 TWO-A  OF  ARTICLE TWO OF THIS CHAPTER SHALL BE SUBJECT TO THE PENALTIES
 PRESCRIBED IN SECTION TWO HUNDRED THIRTY-A OF THIS CHAPTER, AS ADDED  BY
 CHAPTER SIX HUNDRED SIX OF THE LAWS OF NINETEEN HUNDRED NINETY-ONE.
   §  6532. ENFORCEMENT, ADMINISTRATION AND INTERPRETATION OF THIS TITLE.
 THE BOARD OF PROFESSIONAL  MEDICAL  CONDUCT  AND  THE  DEPARTMENT  SHALL
 ENFORCE,  ADMINISTER AND INTERPRET THIS TITLE.  THE COMMISSIONER MAY NOT
 PROMULGATE ANY RULES OR REGULATIONS CONCERNING THIS TITLE.
 S. 4007                            295                           A. 3007
 
                                  TITLE 4
                           PHYSICIAN ASSISTANTS
 SECTION 6540. DEFINITIONS.
         6541. REQUIREMENTS FOR LICENSE.
         6542. PERFORMANCE OF MEDICAL SERVICES.
         6543. CONSTRUCTION.
         6544. REGULATIONS.
         6545. EMERGENCY SERVICES RENDERED BY PHYSICIAN ASSISTANT.
         6546. LIMITED PERMITS.
   §  6540.  DEFINITIONS.  AS  USED IN THIS TITLE: 1. THE TERM "PHYSICIAN
 ASSISTANT" MEANS A PERSON WHO  IS  LICENSED  AS  A  PHYSICIAN  ASSISTANT
 PURSUANT TO THIS TITLE.
   2.  THE  TERM "PHYSICIAN" MEANS A PRACTITIONER OF MEDICINE LICENSED TO
 PRACTICE MEDICINE PURSUANT TO TITLE TWO OF THIS ARTICLE.
   3. THE TERM "APPROVED PROGRAM" MEANS A PROGRAM FOR  THE  EDUCATION  OF
 PHYSICIAN ASSISTANTS WHICH HAS BEEN FORMERLY APPROVED BY THE DEPARTMENT.
   4.  THE  TERM "HOSPITAL" MEANS AN INSTITUTION OR FACILITY POSSESSING A
 VALID OPERATING CERTIFICATE ISSUED PURSUANT TO ARTICLE  TWENTY-EIGHT  OF
 THIS CHAPTER AND AUTHORIZED TO EMPLOY PHYSICIAN ASSISTANTS IN ACCORDANCE
 WITH  RULES  AND REGULATIONS OF THE DEPARTMENT AND HEALTH PLANNING COUN-
 CIL.
   § 6541. REQUIREMENTS FOR LICENSE. 1. TO QUALIFY FOR  A  LICENSE  AS  A
 PHYSICIAN  ASSISTANT, EACH PERSON SHALL PAY A FEE OF ONE HUNDRED FIFTEEN
 DOLLARS TO THE DEPARTMENT FOR ADMISSION TO A DEPARTMENT CONDUCTED  EXAM-
 INATION, A FEE OF FORTY-FIVE DOLLARS FOR EACH REEXAMINATION AND A FEE OF
 SEVENTY  DOLLARS  FOR  PERSONS  NOT  REQUIRING ADMISSION TO A DEPARTMENT
 CONDUCTED EXAMINATION AND SHALL ALSO SUBMIT SATISFACTORY EVIDENCE, VERI-
 FIED BY OATH OR AFFIRMATION, THAT HE OR SHE:
   A. AT THE TIME OF APPLICATION IS AT LEAST TWENTY-ONE YEARS OF AGE;
   B. IS OF GOOD MORAL CHARACTER;
   C. HAS RECEIVED AN EDUCATION  INCLUDING  A  BACHELOR'S  OR  EQUIVALENT
 DEGREE IN ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS;
   D.  HAS  SATISFACTORILY COMPLETED AN APPROVED PROGRAM FOR THE TRAINING
 OF PHYSICIAN ASSISTANTS. THE APPROVED PROGRAM FOR THE TRAINING OF PHYSI-
 CIAN ASSISTANTS SHALL INCLUDE NOT LESS THAN FORTY  WEEKS  OF  SUPERVISED
 CLINICAL TRAINING AND THIRTY-TWO CREDIT HOURS OF CLASSROOM WORK.  APPLI-
 CANTS  FOR  A  LICENSE  AS  A  PHYSICIAN ASSISTANT WHO HAVE COMPLETED AN
 APPROVED PROGRAM LEADING TO A BACHELOR'S DEGREE OR EQUIVALENT IN  PHYSI-
 CIAN ASSISTANT STUDIES SHALL BE DEEMED TO HAVE SATISFIED THIS PARAGRAPH.
 THE   COMMISSIONER  IS  EMPOWERED  TO  DETERMINE  WHETHER  AN  APPLICANT
 POSSESSES EQUIVALENT EDUCATION AND TRAINING, SUCH  AS  EXPERIENCE  AS  A
 NURSE OR MILITARY CORPSMAN, WHICH MAY BE ACCEPTED IN LIEU OF ALL OR PART
 OF AN APPROVED PROGRAM; AND
   E. IN THE CASE OF AN APPLICANT FOR A LICENSE AS A PHYSICIAN ASSISTANT,
 HAS OBTAINED A PASSING SCORE ON AN EXAMINATION ACCEPTABLE TO THE DEPART-
 MENT.
   2.  THE DEPARTMENT SHALL FURNISH TO EACH PERSON APPLYING FOR A LICENSE
 PURSUANT TO THIS SECTION AN APPLICATION FORM CALLING FOR  SUCH  INFORMA-
 TION AS THE DEPARTMENT DEEMS NECESSARY AND SHALL ISSUE TO EACH APPLICANT
 WHO  SATISFIES  THE  REQUIREMENTS  OF  SUBDIVISION ONE OF THIS SECTION A
 LICENSE AS A PHYSICIAN ASSISTANT IN A PARTICULAR MEDICAL  SPECIALTY  FOR
 THE PERIOD EXPIRING DECEMBER THIRTY-FIRST OF THE FIRST ODD-NUMBERED YEAR
 TERMINATING SUBSEQUENT TO THE ISSUANCE OF SUCH LICENSE.
   3.  EVERY  LICENSEE SHALL APPLY TO THE DEPARTMENT FOR A RENEWAL OF HIS
 OR HER LICENSE. THE DEPARTMENT SHALL MAIL TO  EVERY  LICENSED  PHYSICIAN
 ASSISTANT  AN  APPLICATION FORM FOR RENEWAL, ADDRESSED TO THE LICENSEE'S
 S. 4007                            296                           A. 3007
 
 POST OFFICE ADDRESS ON FILE WITH THE DEPARTMENT. UPON  RECEIPT  OF  SUCH
 APPLICATION  PROPERLY  EXECUTED,  TOGETHER WITH EVIDENCE OF SATISFACTORY
 COMPLETION OF SUCH CONTINUING EDUCATION REQUIREMENTS AS  MAY  BE  ESTAB-
 LISHED  BY THE COMMISSIONER PURSUANT TO SECTION THIRTY-SEVEN HUNDRED ONE
 OF THIS CHAPTER, THE DEPARTMENT SHALL ISSUE A RENEWAL.  RENEWAL  PERIODS
 SHALL BE TRIENNIAL AND THE RENEWAL FEE SHALL BE FORTY-FIVE DOLLARS.
   §  6542. PERFORMANCE OF MEDICAL SERVICES. 1. NOTWITHSTANDING ANY OTHER
 PROVISION OF LAW, A PHYSICIAN ASSISTANT MAY  PERFORM  MEDICAL  SERVICES,
 BUT  ONLY  WHEN  UNDER THE SUPERVISION OF A PHYSICIAN AND ONLY WHEN SUCH
 ACTS AND DUTIES AS ARE ASSIGNED TO HIM OR HER ARE WITHIN  THE  SCOPE  OF
 PRACTICE OF SUCH SUPERVISING PHYSICIAN.
   2.  SUPERVISION  SHALL  BE  CONTINUOUS  BUT  SHALL NOT BE CONSTRUED AS
 NECESSARILY REQUIRING THE PHYSICAL PRESENCE OF THE SUPERVISING PHYSICIAN
 AT THE TIME AND PLACE WHERE SUCH SERVICES ARE PERFORMED.
   3. NO PHYSICIAN SHALL EMPLOY OR SUPERVISE  MORE  THAN  FOUR  PHYSICIAN
 ASSISTANTS IN HIS OR HER PRIVATE PRACTICE.
   4.  NOTHING  IN  THIS  TITLE  SHALL PROHIBIT A HOSPITAL FROM EMPLOYING
 PHYSICIAN ASSISTANTS PROVIDED THEY  WORK  UNDER  THE  SUPERVISION  OF  A
 PHYSICIAN  DESIGNATED  BY THE HOSPITAL AND NOT BEYOND THE SCOPE OF PRAC-
 TICE OF SUCH PHYSICIAN. THE NUMERICAL LIMITATION OF SUBDIVISION THREE OF
 THIS SECTION SHALL NOT APPLY TO SERVICES PERFORMED IN A HOSPITAL.
   5. NOTWITHSTANDING ANY OTHER PROVISION OF THIS  TITLE,  NOTHING  SHALL
 PROHIBIT A PHYSICIAN EMPLOYED BY OR RENDERING SERVICES TO THE DEPARTMENT
 OF CORRECTIONS AND COMMUNITY SUPERVISION UNDER CONTRACT FROM SUPERVISING
 NO  MORE  THAN  SIX  PHYSICIAN ASSISTANTS IN HIS OR HER PRACTICE FOR THE
 DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION.
   6. NOTWITHSTANDING ANY  OTHER  PROVISION  OF  LAW,  A  TRAINEE  IN  AN
 APPROVED  PROGRAM  MAY  PERFORM  MEDICAL SERVICES WHEN SUCH SERVICES ARE
 PERFORMED WITHIN THE SCOPE OF SUCH PROGRAM.
   7. NOTHING IN THIS TITLE OR IN ARTICLE THIRTY-SEVEN  OF  THIS  CHAPTER
 SHALL  BE  CONSTRUED  TO AUTHORIZE PHYSICIAN ASSISTANTS TO PERFORM THOSE
 SPECIFIC FUNCTIONS AND DUTIES SPECIFICALLY DELEGATED  BY  LAW  TO  THOSE
 PERSONS LICENSED AS ALLIED HEALTH PROFESSIONALS UNDER THIS CHAPTER.
   §  6543. CONSTRUCTION. ONLY A PERSON LICENSED AS A PHYSICIAN ASSISTANT
 BY THE DEPARTMENT MAY USE THE TITLE "PHYSICIAN ASSISTANT" OR THE LETTERS
 "P.A." AFTER HIS OR HER NAME.
   § 6544. REGULATIONS. THE COMMISSIONER MAY PROMULGATE SUCH OTHER  REGU-
 LATIONS AS ARE NECESSARY TO CARRY OUT THE PURPOSES OF THIS TITLE.
   §  6545. EMERGENCY SERVICES RENDERED BY PHYSICIAN ASSISTANT.  NOTWITH-
 STANDING ANY INCONSISTENT PROVISION OF ANY  GENERAL,  SPECIAL  OR  LOCAL
 LAW,  ANY PHYSICIAN ASSISTANT PROPERLY LICENSED IN THIS STATE WHO VOLUN-
 TARILY AND WITHOUT THE  EXPECTATION  OF  MONETARY  COMPENSATION  RENDERS
 FIRST  AID  OR  EMERGENCY TREATMENT AT THE SCENE OF AN ACCIDENT OR OTHER
 EMERGENCY, OUTSIDE A HOSPITAL, DOCTOR'S OFFICE OR ANY OTHER PLACE HAVING
 PROPER AND NECESSARY MEDICAL EQUIPMENT, TO A PERSON WHO IS  UNCONSCIOUS,
 ILL  OR INJURED, SHALL NOT BE LIABLE FOR DAMAGES FOR INJURIES ALLEGED TO
 HAVE BEEN SUSTAINED BY SUCH PERSON OR FOR DAMAGES FOR THE DEATH OF  SUCH
 PERSON  ALLEGED  TO HAVE OCCURRED BY REASON OF AN ACT OR OMISSION IN THE
 RENDERING OF SUCH FIRST AID OR EMERGENCY TREATMENT UNLESS IT  IS  ESTAB-
 LISHED  THAT SUCH INJURIES WERE OR SUCH DEATH WAS CAUSED BY GROSS NEGLI-
 GENCE ON THE PART OF SUCH PHYSICIAN ASSISTANT. NOTHING IN  THIS  SECTION
 SHALL  BE  DEEMED OR CONSTRUED TO RELIEVE A LICENSED PHYSICIAN ASSISTANT
 FROM LIABILITY FOR DAMAGES FOR INJURIES OR DEATH CAUSED  BY  AN  ACT  OR
 OMISSION  ON  THE  PART OF A PHYSICIAN ASSISTANT WHILE RENDERING PROFES-
 SIONAL SERVICES IN THE NORMAL AND ORDINARY COURSE OF HIS  OR  HER  PRAC-
 TICE.
 S. 4007                            297                           A. 3007
 
   §  6546.  LIMITED PERMITS. PERMITS LIMITED AS TO ELIGIBILITY, PRACTICE
 AND DURATION, SHALL BE ISSUED BY THE DEPARTMENT TO ELIGIBLE  APPLICANTS,
 AS FOLLOWS:
   1.  ELIGIBILITY. A PERSON WHO FULFILLS ALL REQUIREMENTS TO BE LICENSED
 AS A PHYSICIAN ASSISTANT EXCEPT THAT RELATING TO THE  EXAMINATION  SHALL
 BE ELIGIBLE FOR A LIMITED PERMIT.
   2. LIMIT OF PRACTICE. A PERMITTEE SHALL BE AUTHORIZED TO PRACTICE AS A
 PHYSICIAN ASSISTANT ONLY UNDER THE DIRECT SUPERVISION OF A PHYSICIAN.
   3.  DURATION.  A LIMITED PERMIT SHALL EXPIRE ONE YEAR FROM THE DATE OF
 ISSUANCE OR UPON NOTICE TO THE PERMITTEE  BY  THE  DEPARTMENT  THAT  THE
 APPLICATION  FOR  A  LICENSE  HAS BEEN DENIED. A LIMITED PERMIT SHALL BE
 EXTENDED UPON APPLICATION FOR ONE ADDITIONAL  YEAR,  PROVIDED  THAT  THE
 PERMITTEE'S  REQUEST  FOR  SUCH EXTENSION IS ENDORSED BY A PHYSICIAN WHO
 EITHER HAS SUPERVISED OR WILL SUPERVISE THE PERMITTEE, EXCEPT THAT  SUCH
 EXTENSION MAY BE DENIED BY THE DEPARTMENT FOR CAUSE WHICH SHALL BE STAT-
 ED  IN  WRITING. IF THE PERMITTEE IS AWAITING THE RESULTS OF A LICENSING
 EXAMINATION AT THE TIME SUCH LIMITED PERMIT EXPIRES, SUCH  PERMIT  SHALL
 CONTINUE  TO BE VALID UNTIL TEN DAYS AFTER NOTIFICATION TO THE PERMITTEE
 OF THE RESULT OF SUCH EXAMINATION.
   4. FEES. THE FEE FOR EACH LIMITED PERMIT SHALL  BE  ONE  HUNDRED  FIVE
 DOLLARS.
 
                                  TITLE 5
                           SPECIALIST ASSISTANTS
 SECTION 6547. DEFINITIONS.
         6548. REGISTRATION.
         6549.   PERFORMANCE OF MEDICAL SERVICES.
         6549-A. CONSTRUCTION.
         6549-B. REGULATIONS.
   § 6547. DEFINITIONS. AS USED IN THIS TITLE:
   1.  THE  TERM  "SPECIALIST ASSISTANT" MEANS A PERSON WHO IS REGISTERED
 PURSUANT TO THIS TITLE  AS  A  SPECIALIST  ASSISTANT  FOR  A  PARTICULAR
 MEDICAL  SPECIALTY  AS DEFINED BY REGULATIONS PROMULGATED BY THE COMMIS-
 SIONER OF HEALTH PURSUANT TO SECTION THIRTY-SEVEN HUNDRED ELEVEN OF THIS
 CHAPTER.
   2. THE TERM "PHYSICIAN" MEANS A PRACTITIONER OF MEDICINE  LICENSED  TO
 PRACTICE MEDICINE PURSUANT TO TITLE TWO OF THIS ARTICLE.
   3.  THE  TERM  "APPROVED PROGRAM" MEANS A PROGRAM FOR THE EDUCATION OF
 SPECIALIST ASSISTANTS WHICH HAS BEEN APPROVED BY THE DEPARTMENT.
   4. THE TERM "HOSPITAL" MEANS AN INSTITUTION OR FACILITY  POSSESSING  A
 VALID  OPERATING  CERTIFICATE ISSUED PURSUANT TO ARTICLE TWENTY-EIGHT OF
 THIS CHAPTER AND AUTHORIZED TO EMPLOY SPECIALIST ASSISTANTS  IN  ACCORD-
 ANCE  WITH  RULES AND REGULATIONS OF THE DEPARTMENT AND THE HEALTH PLAN-
 NING COUNCIL.
   § 6548. REGISTRATION. 1. TO QUALIFY FOR REGISTRATION AS  A  SPECIALIST
 ASSISTANT, EACH PERSON SHALL PAY A FEE OF ONE HUNDRED FIFTEEN DOLLARS TO
 THE  DEPARTMENT  FOR  ADMISSION TO A DEPARTMENT CONDUCTED EXAMINATION, A
 FEE OF FORTY-FIVE DOLLARS FOR EACH REEXAMINATION AND A  FEE  OF  SEVENTY
 DOLLARS  FOR  PERSONS  NOT REQUIRING ADMISSION TO A DEPARTMENT CONDUCTED
 EXAMINATION AND SHALL ALSO SUBMIT  SATISFACTORY  EVIDENCE,  VERIFIED  BY
 OATH OR AFFIRMATION, THAT HE OR SHE:
   A. AT THE TIME OF APPLICATION IS AT LEAST TWENTY-ONE YEARS OF AGE;
   B. IS OF GOOD MORAL CHARACTER;
   C. HAS SUCCESSFULLY COMPLETED A FOUR-YEAR COURSE OF STUDY IN A SECOND-
 ARY SCHOOL APPROVED BY THE DEPARTMENT OR HAS PASSED AN EQUIVALENCY TEST;
 AND
 S. 4007                            298                           A. 3007
 
   D.  HAS  SATISFACTORILY COMPLETED AN APPROVED PROGRAM FOR THE TRAINING
 OF SPECIALIST ASSISTANTS.
   2.  THE DEPARTMENT SHALL FURNISH TO EACH PERSON APPLYING FOR REGISTRA-
 TION HEREUNDER AN APPLICATION FORM CALLING FOR SUCH INFORMATION  AS  THE
 DEPARTMENT  DEEMS NECESSARY AND SHALL ISSUE TO EACH APPLICANT WHO SATIS-
 FIES THE REQUIREMENTS OF SUBDIVISION ONE OF THIS SECTION  A  CERTIFICATE
 OF REGISTRATION AS SPECIALIST ASSISTANT IN A PARTICULAR MEDICAL SPECIAL-
 TY  FOR  THE PERIOD EXPIRING DECEMBER THIRTY-FIRST OF THE FIRST ODD-NUM-
 BERED YEAR TERMINATING SUBSEQUENT TO SUCH REGISTRATION.
   3. EVERY REGISTRANT SHALL APPLY TO THE DEPARTMENT FOR A CERTIFICATE OF
 REGISTRATION. THE DEPARTMENT SHALL MAIL TO EVERY  REGISTERED  SPECIALIST
 ASSISTANT  AN APPLICATION FORM FOR REGISTRATION, ADDRESSED TO THE REGIS-
 TRANT'S POST OFFICE ADDRESS ON FILE WITH THE DEPARTMENT. UPON RECEIPT OF
 SUCH APPLICATION PROPERLY EXECUTED, TOGETHER WITH EVIDENCE OF  SATISFAC-
 TORY  COMPLETION  OF  SUCH  CONTINUING  EDUCATION REQUIREMENTS AS MAY BE
 ESTABLISHED BY THE COMMISSIONER PURSUANT TO SECTION THIRTY-SEVEN HUNDRED
 ELEVEN OF THIS CHAPTER, THE DEPARTMENT  SHALL  ISSUE  A  CERTIFICATE  OF
 REGISTRATION.  REGISTRATION PERIODS SHALL BE TRIENNIAL AND THE REGISTRA-
 TION FEE SHALL BE FORTY-FIVE DOLLARS.
   § 6549. PERFORMANCE OF MEDICAL SERVICES. 1. NOTWITHSTANDING ANY  OTHER
 PROVISION  OF  LAW, A SPECIALIST ASSISTANT MAY PERFORM MEDICAL SERVICES,
 BUT ONLY WHEN UNDER THE SUPERVISION OF A PHYSICIAN AND  ONLY  WHEN  SUCH
 ACTS  AND DUTIES AS ARE ASSIGNED TO HIM OR HER ARE RELATED TO THE DESIG-
 NATED MEDICAL SPECIALTY FOR WHICH HE OR SHE IS REGISTERED AND ARE WITHIN
 THE SCOPE OF PRACTICE OF HIS OR HER SUPERVISING PHYSICIAN.
   2. SUPERVISION SHALL BE CONTINUOUS  BUT  SHALL  NOT  BE  CONSTRUED  AS
 NECESSARILY REQUIRING THE PHYSICAL PRESENCE OF THE SUPERVISING PHYSICIAN
 AT THE TIME AND PLACE WHERE SUCH SERVICES ARE PERFORMED.
   3.  NO  PHYSICIAN  SHALL  EMPLOY OR SUPERVISE MORE THAN TWO SPECIALIST
 ASSISTANTS IN HIS OR HER PRIVATE PRACTICE.
   4. NOTHING IN THIS TITLE SHALL  PROHIBIT  A  HOSPITAL  FROM  EMPLOYING
 SPECIALIST  ASSISTANTS  PROVIDED  THEY  WORK  UNDER THE SUPERVISION OF A
 PHYSICIAN DESIGNATED BY THE HOSPITAL AND NOT BEYOND THE SCOPE  OF  PRAC-
 TICE OF SUCH PHYSICIAN. THE NUMERICAL LIMITATION OF SUBDIVISION THREE OF
 THIS SECTION SHALL NOT APPLY TO SERVICES PERFORMED IN A HOSPITAL.
   5.  NOTWITHSTANDING  ANY  OTHER PROVISION OF THIS TITLE, NOTHING SHALL
 PROHIBIT A PHYSICIAN EMPLOYED BY OR RENDERING SERVICES TO THE DEPARTMENT
 OF CORRECTIONAL SERVICES UNDER CONTRACT FROM SUPERVISING  NO  MORE  THAN
 FOUR  SPECIALIST ASSISTANTS IN HIS OR HER PRACTICE FOR THE DEPARTMENT OF
 CORRECTIONS AND COMMUNITY SUPERVISION.
   6. NOTWITHSTANDING ANY  OTHER  PROVISION  OF  LAW,  A  TRAINEE  IN  AN
 APPROVED  PROGRAM  MAY  PERFORM  MEDICAL SERVICES WHEN SUCH SERVICES ARE
 PERFORMED WITHIN THE SCOPE OF SUCH PROGRAM.
   7. NOTHING IN THIS TITLE OR IN ARTICLE THIRTY-SEVEN-A OF THIS CHAPTER,
 SHALL BE CONSTRUED TO AUTHORIZE SPECIALIST ASSISTANTS TO  PERFORM  THOSE
 SPECIFIC  FUNCTIONS  AND  DUTIES  SPECIFICALLY DELEGATED BY LAW TO THOSE
 PERSONS LICENSED AS ALLIED HEALTH PROFESSIONALS UNDER THIS CHAPTER.
   § 6549-A. CONSTRUCTION. ONLY  A  PERSON  REGISTERED  AS  A  SPECIALIST
 ASSISTANT  BY  THE  DEPARTMENT  MAY USE THE TITLE "REGISTERED SPECIALIST
 ASSISTANT" OR THE LETTERS "R.S.A." AFTER HIS OR HER NAME.
   § 6549-B. REGULATIONS. THE  COMMISSIONER  MAY  PROMULGATE  SUCH  OTHER
 REGULATIONS AS ARE NECESSARY TO CARRY OUT THE PURPOSES OF THIS TITLE.
 
                                  TITLE 6
                               CHIROPRACTIC
 S. 4007                            299                           A. 3007
 
 SECTION 6550.   INTRODUCTION.
         6551.   DEFINITION OF PRACTICE OF CHIROPRACTIC.
         6552.   PRACTICE  OF  CHIROPRACTIC  AND USE OF TITLE "CHIROPRAC-
                   TOR".
         6553.   STATE BOARD FOR CHIROPRACTIC.
         6554.   REQUIREMENTS FOR A PROFESSIONAL LICENSE.
         6554-A. MANDATORY CONTINUING EDUCATION FOR CHIROPRACTORS.
         6555.   EXEMPT PERSONS.
         6556.   SPECIAL PROVISIONS.
   § 6550. INTRODUCTION. THIS TITLE APPLIES TO THE PROFESSION OF  CHIROP-
 RACTIC.  THE  GENERAL  PROVISIONS FOR ALL PROFESSIONS CONTAINED IN TITLE
 ONE OF THIS ARTICLE APPLY TO THIS TITLE.
   § 6551. DEFINITION OF PRACTICE OF CHIROPRACTIC. 1. THE PRACTICE OF THE
 PROFESSION OF CHIROPRACTIC IS DEFINED AS  DETECTING  AND  CORRECTING  BY
 MANUAL OR MECHANICAL MEANS STRUCTURAL IMBALANCE, DISTORTION, OR SUBLUXA-
 TIONS  IN  THE HUMAN BODY FOR THE PURPOSE OF REMOVING NERVE INTERFERENCE
 AND THE EFFECTS THEREOF, WHERE SUCH INTERFERENCE IS  THE  RESULT  OF  OR
 RELATED  TO  DISTORTION, MISALIGNMENT OR SUBLUXATION OF OR IN THE VERTE-
 BRAL COLUMN.
   2. A. A LICENSE TO PRACTICE AS A CHIROPRACTOR  SHALL  NOT  PERMIT  THE
 HOLDER  THEREOF TO USE RADIO-THERAPY, FLUOROSCOPY, OR ANY FORM OF IONIZ-
 ING RADIATION EXCEPT X-RAY WHICH SHALL BE  USED  FOR  THE  DETECTION  OF
 STRUCTURAL IMBALANCE, DISTORTION, OR SUBLUXATIONS IN THE HUMAN BODY.
   B.  THE  REQUIREMENTS AND LIMITATIONS WITH RESPECT TO THE USE OF X-RAY
 BY CHIROPRACTORS SHALL BE ENFORCED BY THE COMMISSIONER AND HE OR SHE  IS
 AUTHORIZED TO PROMULGATE RULES AND REGULATIONS AFTER CONFERRING WITH THE
 BOARD TO CARRY OUT THE PURPOSES OF THIS SUBDIVISION.
   C.  CHIROPRACTORS SHALL RETAIN, FOR A PERIOD OF THREE YEARS, ALL X-RAY
 FILMS TAKEN IN THE COURSE OF THEIR PRACTICE, TOGETHER WITH  THE  RECORDS
 PERTAINING  THERETO,  AND SHALL MAKE SUCH FILMS AND RECORDS AVAILABLE TO
 THE COMMISSIONER OR HIS OR HER REPRESENTATIVE ON DEMAND.
   3. A LICENSE TO PRACTICE CHIROPRACTIC  SHALL  NOT  PERMIT  THE  HOLDER
 THEREOF  TO  TREAT  FOR  ANY  INFECTIOUS DISEASES SUCH AS PNEUMONIA, ANY
 COMMUNICABLE DISEASES LISTED IN THE SANITARY CODE OF THE  STATE  OF  NEW
 YORK, ANY OF THE CARDIO-VASCULAR-RENAL OR CARDIO-PULMONARY DISEASES, ANY
 SURGICAL  CONDITION  OF  THE  ABDOMEN  SUCH  AS  ACUTE  APPENDICITIS, OR
 DIABETES, OR ANY BENIGN OR MALIGNANT NEOPLASMS; TO  OPERATE;  TO  REDUCE
 FRACTURES  OR DISLOCATIONS; TO PRESCRIBE, ADMINISTER, DISPENSE OR USE IN
 HIS OR HER PRACTICE DRUGS OR MEDICINES; OR TO USE DIAGNOSTIC  OR  THERA-
 PEUTIC  METHODS INVOLVING CHEMICAL OR BIOLOGICAL MEANS EXCEPT DIAGNOSTIC
 SERVICES PERFORMED BY CLINICAL  LABORATORIES  WHICH  SERVICES  SHALL  BE
 APPROVED BY THE BOARD AS APPROPRIATE TO THE PRACTICE OF CHIROPRACTIC; OR
 TO UTILIZE ELECTRICAL DEVICES EXCEPT THOSE DEVICES APPROVED BY THE BOARD
 AS  BEING  APPROPRIATE  TO  THE PRACTICE OF CHIROPRACTIC. NOTHING HEREIN
 SHALL BE CONSTRUED TO PROHIBIT A LICENSED CHIROPRACTOR WHO HAS  SUCCESS-
 FULLY  COMPLETED  A  REGISTERED  DOCTORAL PROGRAM IN CHIROPRACTIC, WHICH
 CONTAINS COURSES OF STUDY IN NUTRITION SATISFACTORY TO  THE  DEPARTMENT,
 FROM  USING  NUTRITIONAL  COUNSELING,  INCLUDING  THE DISPENSING OF FOOD
 CONCENTRATES, FOOD EXTRACTS, VITAMINS, MINERALS, AND  OTHER  NUTRITIONAL
 SUPPLEMENTS APPROVED BY THE BOARD AS BEING APPROPRIATE TO, AND AS A PART
 OF,  HIS  OR  HER  PRACTICE  OF  CHIROPRACTIC.  NOTHING  HEREIN SHALL BE
 CONSTRUED TO PROHIBIT AN INDIVIDUAL WHO IS NOT SUBJECT TO REGULATION  IN
 THIS STATE AS A LICENSED CHIROPRACTOR FROM ENGAGING IN NUTRITIONAL COUN-
 SELING.
 S. 4007                            300                           A. 3007
 
   §  6552.  PRACTICE  OF  CHIROPRACTIC  AND USE OF TITLE "CHIROPRACTOR".
 ONLY A PERSON LICENSED OR EXEMPT UNDER THIS TITLE SHALL PRACTICE CHIROP-
 RACTIC OR USE THE TITLE "CHIROPRACTOR".
   §  6553.  STATE BOARD FOR CHIROPRACTIC. A STATE BOARD FOR CHIROPRACTIC
 SHALL BE APPOINTED BY THE DEPARTMENT ON RECOMMENDATION  OF  THE  COMMIS-
 SIONER FOR THE PURPOSE OF ASSISTING THE DEPARTMENT ON MATTERS OF PROFES-
 SIONAL  LICENSING  AND  PROFESSIONAL  CONDUCT IN ACCORDANCE WITH SECTION
 SIXTY-FIVE HUNDRED EIGHT OF THIS ARTICLE. THE BOARD SHALL BE COMPOSED OF
 NOT LESS THAN SEVEN MEMBERS, INCLUDING AT LEAST FOUR LICENSED CHIROPRAC-
 TORS, ONE LICENSED PHYSICIAN WHO IS A DOCTOR OF MEDICINE,  ONE  LICENSED
 PHYSICIAN  WHO  IS  A DOCTOR OF OSTEOPATHY, AND ONE EDUCATOR WHO HOLDS A
 DOCTORATE OR EQUIVALENT DEGREE IN EITHER ANATOMY, PHYSIOLOGY, PATHOLOGY,
 CHEMISTRY OR MICROBIOLOGY. AN EXECUTIVE SECRETARY TO THE BOARD SHALL  BE
 APPOINTED BY THE DEPARTMENT ON RECOMMENDATION OF THE COMMISSIONER.
   §  6554.  REQUIREMENTS  FOR  A  PROFESSIONAL LICENSE. TO QUALIFY FOR A
 LICENSE AS A CHIROPRACTOR, AN  APPLICANT  SHALL  FULFILL  THE  FOLLOWING
 REQUIREMENTS:
   1. APPLICATION: FILE AN APPLICATION WITH THE DEPARTMENT;
   2.  EDUCATION:  HAVE  RECEIVED  AN  EDUCATION,  INCLUDING TWO YEARS OF
 PREPROFESSIONAL COLLEGE STUDY AND COMPLETION  OF  A  FOUR-YEAR  RESIDENT
 PROGRAM  IN  CHIROPRACTIC,  IN  ACCORDANCE WITH THE COMMISSIONER'S REGU-
 LATIONS;
   3. EXPERIENCE: HAVE  EXPERIENCE  SATISFACTORY  TO  THE  BOARD  AND  IN
 ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS;
   4.  EXAMINATION:  PASS  EXAMINATIONS  SATISFACTORY TO THE BOARD AND IN
 ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS, IN CLINICAL CHIROPRACTIC
 ANALYSIS, THE PRACTICE OF CHIROPRACTIC, X-RAY AS IT RELATES  TO  CHIROP-
 RACTIC  ANALYSIS,  AND  EXAMINATIONS  SATISFACTORY  TO THE DEPARTMENT IN
 ANATOMY, PHYSIOLOGY, PATHOLOGY, CHEMISTRY, MICROBIOLOGY, DIAGNOSIS,  AND
 THE USE AND EFFECT OF X-RAY;
   5. AGE: BE AT LEAST TWENTY-ONE YEARS OF AGE;
   6. CITIZENSHIP OR IMMIGRATION STATUS: BE A UNITED STATES CITIZEN OR AN
 ALIEN LAWFULLY ADMITTED FOR PERMANENT RESIDENCE IN THE UNITED STATES;
   7.  CHARACTER: BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE DEPART-
 MENT; AND
   8. FEES: PAY A FEE OF ONE HUNDRED SEVENTY-FIVE DOLLARS TO THE  DEPART-
 MENT  FOR  ADMISSION  TO  A  DEPARTMENT CONDUCTED EXAMINATION AND FOR AN
 INITIAL LICENSE, A FEE OF EIGHTY-FIVE DOLLARS FOR EACH REEXAMINATION,  A
 FEE  OF  ONE  HUNDRED FIFTEEN DOLLARS FOR AN INITIAL LICENSE FOR PERSONS
 NOT REQUIRING ADMISSION TO A DEPARTMENT CONDUCTED EXAMINATION, AND A FEE
 OF ONE HUNDRED FIFTY-FIVE DOLLARS FOR EACH TRIENNIAL REGISTRATION  PERI-
 OD.
   § 6554-A. MANDATORY CONTINUING EDUCATION FOR CHIROPRACTORS. 1. A. EACH
 CHIROPRACTOR  LICENSED  PURSUANT  TO  THIS  TITLE,  REQUIRED TO REGISTER
 TRIENNIALLY WITH THE DEPARTMENT TO PRACTICE IN THIS STATE, SHALL  COMPLY
 WITH  THE PROVISIONS OF THE MANDATORY CONTINUING EDUCATION REQUIREMENTS,
 EXCEPT AS SET FORTH IN PARAGRAPHS B AND C OF  THIS  SUBDIVISION.  CHIRO-
 PRACTORS  WHO DO NOT SATISFY THE MANDATORY CONTINUING EDUCATION REQUIRE-
 MENTS SHALL NOT PRACTICE UNTIL THEY HAVE MET SUCH REQUIREMENTS AND  HAVE
 BEEN ISSUED A REGISTRATION OR CONDITIONAL REGISTRATION CERTIFICATE.
   B.  CHIROPRACTORS SHALL BE EXEMPT FROM THE MANDATORY CONTINUING EDUCA-
 TION REQUIREMENT FOR THE TRIENNIAL REGISTRATION PERIOD DURING WHICH THEY
 ARE FIRST LICENSED. IN ACCORDANCE  WITH  THE  INTENT  OF  THIS  SECTION,
 ADJUSTMENTS  TO  THE  MANDATORY  CONTINUING EDUCATION REQUIREMENT 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
 S. 4007                            301                           A. 3007

 FORCES  OF  THE UNITED STATES, OR FOR OTHER GOOD CAUSE ACCEPTABLE TO THE
 DEPARTMENT WHICH MAY PREVENT COMPLIANCE.
   C.  A LICENSED CHIROPRACTOR NOT ENGAGED IN CHIROPRACTIC PRACTICE AS AN
 INDIVIDUAL PRACTITIONER, A PARTNER OR A PARTNERSHIP, A SHAREHOLDER OF  A
 PROFESSIONAL SERVICE CORPORATION, AS AN EMPLOYEE OF SUCH PRACTICE UNITS,
 OR  AS  AN  EMPLOYEE OF A FACILITY OPERATING PURSUANT TO ARTICLE TWENTY-
 EIGHT OF THIS CHAPTER, OR AS OTHERWISE  DETERMINED  BY  THE  DEPARTMENT,
 SHALL BE EXEMPT FROM THE MANDATORY CONTINUING EDUCATION REQUIREMENT UPON
 THE  FILING  OF  A  STATEMENT WITH THE DEPARTMENT DECLARING SUCH STATUS.
 ANY LICENSEE WHO RETURNS TO THE PUBLIC PRACTICE OF  CHIROPRACTIC  DURING
 THE  TRIENNIAL  REGISTRATION PERIOD SHALL NOTIFY THE DEPARTMENT PRIOR TO
 REENTERING THE PROFESSION  AND  SHALL  MEET  SUCH  MANDATORY  CONTINUING
 EDUCATION  REQUIREMENTS  AS  SHALL  BE  PROMULGATED BY REGULATION OF THE
 COMMISSIONER IN CONSULTATION WITH THE BOARD.
   D. NOTHING IN THIS SECTION SHALL BE CONSTRUED AS ENABLING OR AUTHORIZ-
 ING THE DEPARTMENT OR STATE BOARD FOR CHIROPRACTIC TO REQUIRE OR  IMPLE-
 MENT CONTINUING COMPETENCY TESTING OR CONTINUED COMPETENCY CERTIFICATION
 FOR CHIROPRACTORS.
   2.  DURING  EACH TRIENNIAL REGISTRATION PERIOD AN APPLICANT FOR REGIS-
 TRATION SHALL COMPLETE THIRTY-SIX HOURS OF ACCEPTABLE FORMAL  CONTINUING
 EDUCATION,  A MAXIMUM OF TWELVE HOURS OF WHICH MAY BE SELF-INSTRUCTIONAL
 COURSEWORK AS APPROVED BY THE DEPARTMENT IN CONSULTATION WITH THE BOARD.
 ANY CHIROPRACTOR WHOSE FIRST REGISTRATION DATE FOLLOWING  THE  EFFECTIVE
 DATE  OF  THIS  SECTION OCCURS LESS THAN THREE YEARS FROM SUCH EFFECTIVE
 DATE, BUT ON OR AFTER JANUARY FIRST, TWO THOUSAND FOUR,  SHALL  COMPLETE
 CONTINUING  EDUCATION  HOURS ON A PRORATED BASIS AT THE RATE OF ONE HOUR
 PER MONTH FOR THE PERIOD BEGINNING JANUARY FIRST, TWO THOUSAND  FOUR  UP
 TO THE FIRST REGISTRATION DATE THEREAFTER. A LICENSEE WHO HAS NOT SATIS-
 FIED THE MANDATORY CONTINUING EDUCATION REQUIREMENTS SHALL NOT BE ISSUED
 A  TRIENNIAL  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
 CHIROPRACTIC  WITHOUT  SUCH  REGISTRATION MAY BE SUBJECT TO DISCIPLINARY
 PROCEEDINGS PURSUANT TO SECTION SIXTY-FIVE HUNDRED TEN OF THIS ARTICLE.
   4. AS USED IN THIS SECTION, "ACCEPTABLE FORMAL  CONTINUING  EDUCATION"
 SHALL  MEAN FORMAL PROGRAMS OF LEARNING WHICH ARE SPONSORED OR PRESENTED
 BY A NEW YORK STATE  CHIROPRACTIC  PROFESSIONAL  ORGANIZATION,  NATIONAL
 CHIROPRACTIC  PROFESSIONAL  ORGANIZATION  OR HIGHER EDUCATIONAL INSTITU-
 TION, AND WHICH MEET THE FOLLOWING REQUIREMENTS: CONTAIN SUBJECT  MATTER
 WHICH CONTRIBUTES TO THE ENHANCEMENT OF PROFESSIONAL AND CLINICAL SKILLS
 OF  THE  CHIROPRACTOR AND IS APPROVED AS ACCEPTABLE CONTINUING EDUCATION
 BY A CHIROPRACTIC COLLEGE RECOGNIZED BY THE COMMISSION ON  ACCREDITATION
 S. 4007                            302                           A. 3007
 
 OF  THE  COUNCIL  OF  CHIROPRACTIC  EDUCATION  TO  FULFILL THE MANDATORY
 CONTINUING  EDUCATION  REQUIREMENTS,  AND  WHICH  MEETS  THE   STANDARDS
 PRESCRIBED  BY  REGULATIONS OF THE COMMISSIONER IN CONSULTATION WITH THE
 BOARD TO FULFILL THE MANDATORY CONTINUING EDUCATION REQUIREMENT.
   5.  CHIROPRACTORS  SHALL  CERTIFY AT EACH TRIENNIAL REGISTRATION AS TO
 HAVING SATISFIED THE MANDATORY CONTINUING EDUCATION REQUIREMENTS OF THIS
 SECTION, SHALL MAINTAIN ADEQUATE DOCUMENTATION OF COMPLETION OF ACCEPTA-
 BLE FORMAL CONTINUING EDUCATION TO SUPPORT SUCH CERTIFICATION 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 ARTICLE.
   6. THE MANDATORY CONTINUING EDUCATION FEE SHALL BE FORTY-FIVE 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-FIVE HUNDRED FIFTY-FOUR OF THIS TITLE.
   § 6555. EXEMPT PERSONS. NOTHING IN THIS TITLE SHALL  BE  CONSTRUED  TO
 AFFECT  OR  PREVENT  A  STUDENT ENROLLED IN A COLLEGE OF CHIROPRACTIC IN
 THIS STATE FROM ENGAGING IN ALL PHASES OF CLINICAL PRACTICE UNDER SUPER-
 VISION OF A LICENSED CHIROPRACTOR OR PHYSICIAN IN  A  CURRICULUM  REGIS-
 TERED BY THE DEPARTMENT.
   §  6556.  SPECIAL  PROVISIONS. 1. ANY CHIROPRACTOR WHO HOLDS A LICENSE
 STATING THAT THE HOLDER IS NOT AUTHORIZED TO USE X-RAY  IN  HIS  OR  HER
 PRACTICE  SHALL,  ON  EACH REGISTRATION, CONTINUE TO OBTAIN A LICENSE SO
 MARKED. ANY CHIROPRACTOR HOLDING SUCH A LICENSE  MAY  OBTAIN  A  LICENSE
 PERMITTING  THE USE OF X-RAY PROVIDED HE OR SHE FIRST PASSES AN EXAMINA-
 TION IN THE USE AND EFFECT OF X-RAY SATISFACTORY TO THE  BOARD  AND  THE
 DEPARTMENT.
   2.  AN  APPLICANT WHO GRADUATED FROM A SCHOOL OF CHIROPRACTIC PRIOR TO
 JANUARY FIRST, NINETEEN HUNDRED SIXTY-EIGHT NEED NOT MEET  THE  TWO-YEAR
 PREPROFESSIONAL  COLLEGE  STUDY  REQUIREMENT PROVIDED FOR IN SUBDIVISION
 TWO OF SECTION SIXTY-FIVE HUNDRED FIFTY-FOUR OF THIS TITLE.
 
                                  TITLE 7
        DENTISTRY, DENTAL HYGIENE, AND REGISTERED DENTAL ASSISTING
 SECTION 6600.   INTRODUCTION.
         6601.   DEFINITION OF PRACTICE OF DENTISTRY.
         6602.   PRACTICE OF DENTISTRY AND USE OF TITLE "DENTIST".
         6603.   STATE BOARD FOR DENTISTRY.
         6604.   REQUIREMENTS FOR A LICENSE AS A DENTIST.
         6604-A. MANDATORY CONTINUING EDUCATION FOR DENTISTS.
         6604-B. RESTRICTED DENTAL FACULTY LICENSE.
         6605.   LIMITED PERMITS.
         6605-A. DENTAL ANESTHESIA CERTIFICATE.
         6605-B. DENTAL    HYGIENE    RESTRICTED    LOCAL    INFILTRATION
                   ANESTHESIA/NITROUS OXIDE ANALGESIA CERTIFICATE.
         6606.   DEFINITION OF PRACTICE OF DENTAL HYGIENE.
         6607.   PRACTICE  OF  DENTAL  HYGIENE  AND  USE OF TITLE "DENTAL
                   HYGIENIST".
         6608.   DEFINITION OF PRACTICE OF REGISTERED DENTAL ASSISTING.
         6608-A. PRACTICE OF REGISTERED DENTAL ASSISTING AND USE OF TITLE
                   "REGISTERED DENTAL ASSISTANT".
         6608-B. REQUIREMENTS FOR CERTIFICATION AS  A  REGISTERED  DENTAL
                   ASSISTANT.
         6608-C. EXEMPT PERSONS; REGISTERED DENTAL ASSISTANT.
         6608-D. LIMITED PERMITS.
 S. 4007                            303                           A. 3007
 
         6609.   REQUIREMENTS FOR A LICENSE AS A DENTAL HYGIENIST.
         6609-A. MANDATORY CONTINUING EDUCATION FOR DENTAL HYGIENISTS.
         6609-B. LIMITED PERMIT TO PRACTICE DENTAL HYGIENE.
         6610.   EXEMPT PERSONS; PRACTICE OF DENTAL HYGIENE.
         6611.   SPECIAL PROVISIONS.
         6612.   IDENTIFICATION  OF  REMOVABLE FULL OR PARTIAL PROSTHETIC
                   DEVICES.
         6613.   NITROUS OXIDE EQUIPMENT.
   § 6600. INTRODUCTION. THIS TITLE APPLIES TO THE PROFESSIONS OF DENTIS-
 TRY, DENTAL  HYGIENE,  AND  REGISTERED  DENTAL  ASSISTING.  THE  GENERAL
 PROVISIONS  FOR  ALL  PROFESSIONS CONTAINED IN TITLE ONE OF THIS ARTICLE
 APPLY TO THIS TITLE.
   § 6601. DEFINITION OF PRACTICE  OF  DENTISTRY.  THE  PRACTICE  OF  THE
 PROFESSION  OF  DENTISTRY IS DEFINED AS DIAGNOSING, TREATING, OPERATING,
 OR PRESCRIBING FOR ANY DISEASE, PAIN,  INJURY,  DEFORMITY,  OR  PHYSICAL
 CONDITION  OF  THE  ORAL AND MAXILLOFACIAL AREA RELATED TO RESTORING AND
 MAINTAINING DENTAL  HEALTH.  THE  PRACTICE  OF  DENTISTRY  INCLUDES  THE
 PRESCRIBING  AND  FABRICATION  OF  DENTAL PROSTHESES AND APPLIANCES. THE
 PRACTICE OF DENTISTRY MAY INCLUDE  PERFORMING  PHYSICAL  EVALUATIONS  IN
 CONJUNCTION WITH THE PROVISION OF DENTAL TREATMENT.
   §  6602.  PRACTICE  OF  DENTISTRY  AND  USE OF TITLE "DENTIST". ONLY A
 PERSON LICENSED OR OTHERWISE AUTHORIZED TO  PRACTICE  UNDER  THIS  TITLE
 SHALL PRACTICE DENTISTRY OR USE THE TITLE "DENTIST".
   §  6603.  STATE BOARD FOR DENTISTRY. A STATE BOARD FOR DENTISTRY SHALL
 BE APPOINTED BY THE DEPARTMENT ON RECOMMENDATION OF THE COMMISSIONER FOR
 THE PURPOSE OF ASSISTING  THE  DEPARTMENT  ON  MATTERS  OF  PROFESSIONAL
 LICENSING AND PROFESSIONAL CONDUCT IN ACCORDANCE WITH SECTION SIXTY-FIVE
 HUNDRED  EIGHT  OF THIS ARTICLE. THE BOARD SHALL BE COMPOSED OF NOT LESS
 THAN THIRTEEN DENTISTS LICENSED IN THIS STATE FOR AT LEAST  FIVE  YEARS,
 NOT  LESS  THAN  THREE  DENTAL  HYGIENISTS LICENSED IN THIS STATE FOR AT
 LEAST FIVE YEARS, AND NOT LESS  THAN  ONE  REGISTERED  DENTAL  ASSISTANT
 LICENSED  IN THIS STATE FOR AT LEAST ONE YEAR. AN EXECUTIVE SECRETARY TO
 THE BOARD SHALL BE APPOINTED BY THE DEPARTMENT ON RECOMMENDATION OF  THE
 COMMISSIONER AND SHALL BE A DENTIST LICENSED IN THIS STATE.
   §  6604.  REQUIREMENTS  FOR  A  LICENSE AS A DENTIST. TO QUALIFY FOR A
 LICENSE AS A DENTIST, AN APPLICANT SHALL FULFILL THE FOLLOWING  REQUIRE-
 MENTS:
   1. APPLICATION: FILE AN APPLICATION WITH THE DEPARTMENT;
   2.  EDUCATION: HAVE RECEIVED AN EDUCATION, INCLUDING A DOCTORAL DEGREE
 IN DENTISTRY, IN ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS;
   3. EXPERIENCE: HAVE  EXPERIENCE  SATISFACTORY  TO  THE  BOARD  AND  IN
 ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS, PROVIDED THAT SUCH EXPE-
 RIENCE  SHALL  CONSIST  OF SATISFACTORY COMPLETION OF A CLINICALLY-BASED
 POSTDOCTORAL GENERAL PRACTICE OR SPECIALTY DENTAL RESIDENCY PROGRAM,  OF
 AT  LEAST  ONE YEAR'S DURATION, IN A HOSPITAL OR DENTAL FACILITY ACCRED-
 ITED FOR TEACHING PURPOSES BY A NATIONAL ACCREDITING  BODY  APPROVED  BY
 THE  DEPARTMENT, PROVIDED, FURTHER THAT ANY SUCH RESIDENCY PROGRAM SHALL
 INCLUDE A FORMAL OUTCOME ASSESSMENT EVALUATION OF THE RESIDENT'S  COMPE-
 TENCE TO PRACTICE DENTISTRY ACCEPTABLE TO THE DEPARTMENT;
   4.  EXAMINATION:  PASS A WRITTEN EXAMINATION SATISFACTORY TO THE BOARD
 AND IN ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS;
   5. AGE: BE AT LEAST TWENTY-ONE YEARS OF AGE;
   6. CITIZENSHIP OR IMMIGRATION STATUS: BE A UNITED STATES CITIZEN OR AN
 ALIEN LAWFULLY ADMITTED FOR PERMANENT RESIDENCE IN  THE  UNITED  STATES;
 PROVIDED, HOWEVER, THAT THE DEPARTMENT MAY GRANT A THREE-YEAR WAIVER FOR
 AN  ALIEN  TO  PRACTICE  IN  AN AREA WHICH HAS BEEN DESIGNATED A FEDERAL
 S. 4007                            304                           A. 3007

 DENTAL HEALTH PROFESSIONS SHORTAGE AREA, EXCEPT THAT THE DEPARTMENT  MAY
 GRANT  AN  ADDITIONAL  EXTENSION  NOT TO EXCEED SIX YEARS TO AN ALIEN TO
 ENABLE HIM OR HER TO SECURE CITIZENSHIP OR  PERMANENT  RESIDENT  STATUS,
 PROVIDED SUCH STATUS IS BEING ACTIVELY PURSUED;
   7.  CHARACTER: BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE DEPART-
 MENT; AND
   8. FEES: PAY A FEE OF TWO HUNDRED TWENTY DOLLARS TO THE DEPARTMENT FOR
 ADMISSION TO A DEPARTMENT  CONDUCTED  EXAMINATION  AND  FOR  AN  INITIAL
 LICENSE,  A FEE OF ONE HUNDRED FIFTEEN DOLLARS FOR EACH REEXAMINATION, A
 FEE OF ONE HUNDRED  THIRTY-FIVE  DOLLARS  FOR  AN  INITIAL  LICENSE  FOR
 PERSONS  NOT  REQUIRING ADMISSION TO A DEPARTMENT CONDUCTED EXAMINATION,
 AND A FEE OF TWO HUNDRED TEN DOLLARS  FOR  EACH  TRIENNIAL  REGISTRATION
 PERIOD.
   §  6604-A.  MANDATORY  CONTINUING  EDUCATION  FOR DENTISTS. 1. A. EACH
 DENTIST, LICENSED PURSUANT TO THIS TITLE, REQUIRED TO REGISTER  TRIENNI-
 ALLY WITH THE DEPARTMENT TO PRACTICE IN THIS STATE SHALL COMPLY WITH THE
 PROVISIONS OF THE MANDATORY CONTINUING EDUCATION REQUIREMENTS, EXCEPT AS
 SET FORTH IN PARAGRAPHS B AND C OF THIS SUBDIVISION. DENTISTS WHO DO NOT
 SATISFY  THE MANDATORY CONTINUING EDUCATION REQUIREMENTS SHALL NOT PRAC-
 TICE UNTIL THEY HAVE MET SUCH REQUIREMENTS AND HAVE BEEN ISSUED A REGIS-
 TRATION OR CONDITIONAL REGISTRATION CERTIFICATE.
   B. DENTISTS SHALL BE EXEMPT FROM THE  MANDATORY  CONTINUING  EDUCATION
 REQUIREMENT  FOR THE TRIENNIAL REGISTRATION PERIOD DURING WHICH THEY ARE
 FIRST LICENSED. IN ACCORDANCE WITH THE INTENT OF THIS  SECTION,  ADJUST-
 MENTS  TO  THE MANDATORY CONTINUING EDUCATION REQUIREMENT MAY BE GRANTED
 BY THE DEPARTMENT FOR REASONS OF HEALTH, CERTIFIED BY A  PHYSICIAN,  FOR
 EXTENDED  ACTIVE DUTY WITH THE ARMED FORCES OF THE UNITED STATES, OR FOR
 OTHER GOOD CAUSE ACCEPTABLE TO THE DEPARTMENT WHICH MAY PREVENT  COMPLI-
 ANCE.
   C.  A LICENSED DENTIST NOT ENGAGED IN PUBLIC PRACTICE AS AN INDIVIDUAL
 PRACTITIONER, A PARTNER OF A PARTNERSHIP, A  SHAREHOLDER  OF  A  PROFES-
 SIONAL SERVICE CORPORATION, OR AN EMPLOYEE OF SUCH PRACTICE UNITS, SHALL
 BE  EXEMPT  FROM THE MANDATORY CONTINUING EDUCATION REQUIREMENT UPON THE
 FILING OF A STATEMENT WITH THE DEPARTMENT  DECLARING  SUCH  STATUS.  ANY
 LICENSEE  WHO  RETURNS  TO  THE  PUBLIC PRACTICE OF DENTISTRY DURING THE
 TRIENNIAL REGISTRATION PERIOD SHALL NOTIFY THE DEPARTMENT PRIOR TO REEN-
 TERING THE PROFESSION AND SHALL MEET SUCH MANDATORY CONTINUING EDUCATION
 REQUIREMENTS AS SHALL BE PRESCRIBED BY REGULATION OF THE COMMISSIONER.
   2. DURING EACH TRIENNIAL REGISTRATION PERIOD AN APPLICANT  FOR  REGIS-
 TRATION  SHALL  COMPLETE  A  MINIMUM OF SIXTY HOURS OF ACCEPTABLE FORMAL
 CONTINUING EDUCATION, A MAXIMUM OF EIGHTEEN HOURS OF WHICH MAY BE  SELF-
 INSTRUCTIONAL  COURSEWORK  AS APPROVED BY THE DEPARTMENT. BEGINNING WITH
 THE FIRST REGISTRATION RENEWAL PERIOD FOR ANY DENTIST  OCCURRING  ON  OR
 AFTER  JANUARY FIRST, TWO THOUSAND TWO, AND BEFORE THE OCCURRENCE OF THE
 SECOND REGISTRATION RENEWAL PERIOD FOLLOWING THAT DATE, A DENTIST  SHALL
 HAVE  COMPLETED  ON  A  ONE-TIME  BASIS,  AS  PART OF THE SIXTY HOURS OF
 ACCEPTABLE FORMAL CONTINUING EDUCATION  REQUIRED  BY  THIS  SECTION,  NO
 FEWER  THAN  TWO HOURS OF COURSEWORK AND TRAINING REGARDING THE CHEMICAL
 AND RELATED EFFECTS AND USAGE OF TOBACCO AND TOBACCO  PRODUCTS  AND  THE
 RECOGNITION,  DIAGNOSIS,  AND  TREATMENT  OF  THE  ORAL  HEALTH EFFECTS,
 INCLUDING BUT NOT LIMITED TO  CANCERS  AND  OTHER  DISEASES,  CAUSED  BY
 TOBACCO  AND  TOBACCO  PRODUCTS,  PROVIDED THAT ANY DENTIST WHO PROVIDES
 WRITTEN PROOF SATISFACTORY  TO  THE  DEPARTMENT  THAT  THE  DENTIST  HAS
 COMPLETED, AT ANY TIME SUBSEQUENT TO THE EFFECTIVE DATE OF THIS SECTION,
 AN  APPROVED  MANDATORY CONTINUING EDUCATION COURSE OF NOT LESS THAN TWO
 HOURS IN THE SAME OR  SUBSTANTIALLY  SIMILAR  SUBJECT  MATTER  SHALL  BE
 S. 4007                            305                           A. 3007
 
 DEEMED  TO HAVE MET THIS REQUIREMENT, AND FURTHER PROVIDED THAT DENTISTS
 WHO ARE EXEMPT FROM THE MANDATORY CONTINUING EDUCATION  REQUIREMENT  FOR
 THE  TRIENNIAL  REGISTRATION PERIOD DURING WHICH THEY ARE FIRST LICENSED
 SHALL  ALSO BE EXEMPT FROM THIS REQUIREMENT FOR THAT PERIOD. ANY DENTIST
 WHOSE FIRST REGISTRATION DATE  FOLLOWING  THE  EFFECTIVE  DATE  OF  THIS
 SECTION OCCURS LESS THAN THREE YEARS FROM SUCH EFFECTIVE DATE, BUT ON OR
 AFTER  JANUARY  FIRST,  NINETEEN  HUNDRED  NINETY-EIGHT  AND BEFORE JULY
 FIRST, TWO THOUSAND EIGHT, SHALL COMPLETE CONTINUING EDUCATION HOURS  ON
 A  PRORATED BASIS AT THE RATE OF ONE AND ONE-QUARTER HOURS PER MONTH FOR
 THE PERIOD BEGINNING JANUARY FIRST, NINETEEN HUNDRED NINETY-SEVEN UP  TO
 THE  FIRST  REGISTRATION  DATE  THEREAFTER.  FOR ANY REGISTRATION PERIOD
 BEGINNING BEFORE JULY FIRST, TWO THOUSAND EIGHT AND ENDING ON  OR  AFTER
 SUCH  DATE,  EACH DENTIST SHALL COMPLETE CONTINUING EDUCATION HOURS ON A
 PRO RATA BASIS AT A RATE OF ONE AND ONE-QUARTER HOURS PER MONTH FOR  THE
 PERIOD  ENDING  JUNE  THIRTIETH, TWO THOUSAND EIGHT AND AT A RATE OF ONE
 AND TWO-THIRDS HOURS PER MONTH FOR THE PERIOD BEGINNING JULY FIRST,  TWO
 THOUSAND  EIGHT UP TO THE FIRST REGISTRATION DATE THEREAFTER. A LICENSEE
 WHO HAS NOT SATISFIED THE MANDATORY  CONTINUING  EDUCATION  REQUIREMENTS
 SHALL  NOT BE ISSUED A TRIENNIAL REGISTRATION CERTIFICATE BY THE DEPART-
 MENT 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.
   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. ANY LICENSEE WHO IS NOTIFIED OF THE
 DENIAL OF REGISTRATION FOR FAILURE TO SUBMIT EVIDENCE,  SATISFACTORY  TO
 THE  DEPARTMENT,  OF COMPLETION OF REQUIRED CONTINUING EDUCATION AND WHO
 PRACTICES DENTISTRY WITHOUT SUCH REGISTRATION, MAY BE SUBJECT TO  DISCI-
 PLINARY  PROCEEDINGS  PURSUANT TO SECTION SIXTY-FIVE HUNDRED TEN OF THIS
 ARTICLE.
   4. AS USED IN THIS SECTION, "ACCEPTABLE FORMAL  CONTINUING  EDUCATION"
 SHALL  MEAN FORMAL PROGRAMS OF LEARNING WHICH CONTRIBUTE TO PROFESSIONAL
 PRACTICE AND WHICH MEET THE STANDARDS PRESCRIBED BY REGULATIONS  OF  THE
 COMMISSIONER. TO FULFILL THE MANDATORY CONTINUING EDUCATION REQUIREMENT,
 PROGRAMS  MUST  BE  TAKEN  FROM  SPONSORS  HAVING AT LEAST ONE FULL-TIME
 EMPLOYEE AND THE  FACILITIES,  EQUIPMENT,  AND  FINANCIAL  AND  PHYSICAL
 RESOURCES  TO  PROVIDE  CONTINUING  EDUCATION  COURSES,  APPROVED BY THE
 DEPARTMENT, PURSUANT TO THE REGULATIONS OF THE COMMISSIONER.
   5. THE MANDATORY CONTINUING EDUCATION FEE SHALL BE FORTY-FIVE DOLLARS,
 SHALL BE PAYABLE ON OR BEFORE THE FIRST DAY OF EACH TRIENNIAL  REGISTRA-
 TION PERIOD, AND SHALL BE PAID IN ADDITION TO THE TRIENNIAL REGISTRATION
 FEE REQUIRED BY SECTION SIXTY-SIX HUNDRED FOUR OF THIS TITLE.
   6.  ON  OR  AFTER THE EFFECTIVE DATE OF THIS SUBDIVISION, AND NO LATER
 THAN THE END OF THE FIRST REGISTRATION PERIOD  COMMENCING  ON  OR  AFTER
 SUCH DATE DURING WHICH HE OR SHE IS REQUIRED TO COMPLY WITH THE CONTINU-
 ING  EDUCATION  REQUIREMENTS  OF  THIS  SECTION, EACH DENTIST SHALL HAVE
 COMPLETED ON A ONE-TIME BASIS, AS PART OF THE MANDATORY HOURS OF ACCEPT-
 ABLE FORMAL CONTINUING EDUCATION REQUIRED BY THIS SECTION, NO FEWER THAN
 THREE HOURS IN A COURSE APPROVED BY THE DEPARTMENT IN  DENTAL  JURISPRU-
 DENCE  AND  ETHICS, WHICH SHALL INCLUDE THE LAWS, RULES, REGULATIONS AND
 S. 4007                            306                           A. 3007

 ETHICAL PRINCIPLES RELATING TO THE PRACTICE OF  DENTISTRY  IN  NEW  YORK
 STATE,  PROVIDED  THAT POSTGRADUATE DENTAL STUDENTS ENROLLED IN NEW YORK
 STATE DENTAL RESIDENCY PROGRAMS MAY SATISFY  THE  REQUIREMENTS  OF  THIS
 SUBDIVISION BY TAKING SUCH AN APPROVED COURSE DURING THE PERIOD OF THEIR
 DENTAL RESIDENCY PRIOR TO THEIR INITIAL LICENSURE.
   §  6604-B.  RESTRICTED  DENTAL  FACULTY LICENSE. 1. THE DEPARTMENT MAY
 ISSUE A RESTRICTED DENTAL FACULTY LICENSE TO A FULL-TIME FACULTY  MEMBER
 EMPLOYED  AT  AN APPROVED NEW YORK STATE SCHOOL OF DENTISTRY. THE HOLDER
 OF SUCH RESTRICTED DENTAL FACULTY LICENSE SHALL HAVE  THE  AUTHORITY  TO
 PRACTICE  DENTISTRY,  AS  DEFINED  IN  THIS  TITLE, BUT SUCH PRACTICE OF
 DENTISTRY SHALL BE LIMITED TO THE SCHOOL'S FACILITIES  OR  THE  SCHOOL'S
 CLINICS,  OR  FACILITIES  OR  CLINICS  WITH  RELATIONSHIPS TO THE SCHOOL
 CONFIRMED BY FORMAL AFFILIATION  AGREEMENTS.  NOTHING  IN  THIS  SECTION
 SHALL  BE  CONSTRUED  TO  AUTHORIZE  SUCH  HOLDER OF A RESTRICTED DENTAL
 FACULTY LICENSE TO ENGAGE IN THE PRIVATE PRACTICE OF  DENTISTRY  AT  ANY
 OTHER SITE.
   2.  TO  QUALIFY  FOR A RESTRICTED DENTAL FACULTY LICENSE THE APPLICANT
 SHALL PRESENT SATISFACTORY EVIDENCE OF THE FOLLOWING:
   A. THE COMPLETION OF A TOTAL OF NO LESS THAN  SIX  ACADEMIC  YEARS  OF
 PRE-PROFESSIONAL AND PROFESSIONAL EDUCATION, INCLUDING:
   (I) COURSES IN GENERAL CHEMISTRY, ORGANIC CHEMISTRY, BIOLOGY OR ZOOLO-
 GY AND PHYSICS; AND
   (II)  NOT  LESS THAN FOUR ACADEMIC YEARS OF PROFESSIONAL DENTAL EDUCA-
 TION SATISFACTORY TO THE DEPARTMENT CULMINATING IN A DEGREE, DIPLOMA  OR
 CERTIFICATE IN DENTISTRY RECOGNIZED BY THE APPROPRIATE CIVIL AUTHORITIES
 OF  THE  JURISDICTION  IN  WHICH THE SCHOOL IS LOCATED AS ACCEPTABLE FOR
 ENTRY INTO PRACTICE IN THE JURISDICTION IN WHICH THE SCHOOL IS LOCATED.
   B. WITHIN THE LAST FIVE YEARS, HAVE TWO YEARS OF SATISFACTORY PRACTICE
 AS A DENTIST OR HAVE  SATISFACTORILY  COMPLETED  AN  ADVANCED  EDUCATION
 PROGRAM  IN  GENERAL  DENTISTRY  OR IN A DENTAL SPECIALTY, PROVIDED SUCH
 PROGRAM IS ACCREDITED BY AN ORGANIZATION ACCEPTED BY THE DEPARTMENT AS A
 RELIABLE AUTHORITY FOR THE PURPOSE OF ACCREDITING SUCH PROGRAMS (SUCH AS
 THE COMMISSION ON DENTAL ACCREDITATION); AND
   C. POSSESSES GOOD MORAL CHARACTER AS DETERMINED BY THE DEPARTMENT.
   3. THE DEAN OF THE DENTAL SCHOOL SHALL NOTIFY THE DEPARTMENT IN  WRIT-
 ING  UPON  THE  SUBMISSION  OF AN INITIAL LICENSE APPLICATION AND YEARLY
 THEREAFTER THAT THE HOLDER OF THE DENTAL  FACULTY  LICENSE  IS  EMPLOYED
 FULL-TIME  AT  THE DENTAL SCHOOL.  FULL-TIME EMPLOYMENT MEANS THE HOLDER
 OF SUCH DENTAL FACULTY LICENSE DEVOTES AT LEAST FOUR FULL  WORKING  DAYS
 PER  WEEK IN TEACHING OR PATIENT CARE, RESEARCH OR ADMINISTRATIVE DUTIES
 AT THE DENTAL SCHOOL WHERE EMPLOYED. THE DEAN OF THE DENTAL  SCHOOL  AND
 THE  HOLDER OF SUCH DENTAL FACULTY LICENSE SHALL EACH NOTIFY THE DEPART-
 MENT IN WRITING WITHIN THIRTY  DAYS  OF  THE  TERMINATION  OF  FULL-TIME
 EMPLOYMENT.
   4.  IN  ORDER  TO  CONTINUE  TO  PRACTICE  DENTISTRY,  THE HOLDER OF A
 RESTRICTED DENTAL FACULTY LICENSE SHALL APPLY FOR  AND  HOLD  A  CURRENT
 TRIENNIAL  REGISTRATION  WHICH SHALL BE SUBJECT TO THE SAME REGISTRATION
 REQUIREMENTS AS APPLY TO HOLDERS OF UNRESTRICTED DENTAL LICENSES, EXCEPT
 THAT SUCH REGISTRATION SHALL BE  ISSUED  ONLY  UPON  THE  SUBMISSION  OF
 DOCUMENTATION  SATISFACTORY  TO THE DEPARTMENT OF THE HOLDER'S CONTINUED
 STATUS AS A FULL-TIME DENTAL FACULTY MEMBER, PROVIDED THAT  SUCH  REGIS-
 TRATION  SHALL  IMMEDIATELY  TERMINATE AND THE HOLDER SHALL NO LONGER BE
 AUTHORIZED TO PRACTICE IF THE HOLDER CEASES TO  BE  A  FULL-TIME  DENTAL
 FACULTY MEMBER AT AN APPROVED NEW YORK STATE SCHOOL OF DENTISTRY.
   5.  THE  HOLDER  OF  THIS  RESTRICTED  DENTAL FACULTY LICENSE SHALL BE
 SUBJECT TO THE PROFESSIONAL MISCONDUCT PROVISIONS SET FORTH IN  SUBTITLE
 S. 4007                            307                           A. 3007
 
 THREE  OF  TITLE ONE OF THIS ARTICLE AND IN THE REGULATIONS AND RULES OF
 THE DEPARTMENT.
   6.  THE  FEE FOR EACH RESTRICTED DENTAL FACULTY LICENSE SHALL BE THREE
 HUNDRED DOLLARS, AND THE FEE FOR INITIAL REGISTRATION  AND  EACH  SUBSE-
 QUENT RE-REGISTRATION SHALL BE THREE HUNDRED DOLLARS.
   7.  IN ORDER TO BE ELIGIBLE FOR A RESTRICTED DENTAL FACULTY LICENSE AN
 APPLICANT MUST BE A UNITED STATES CITIZEN OR AN ALIEN LAWFULLY  ADMITTED
 FOR  PERMANENT  RESIDENCE  IN THE UNITED STATES; PROVIDED, HOWEVER, THAT
 THE DEPARTMENT MAY GRANT A THREE-YEAR WAIVER FOR AN ALIEN WHO  OTHERWISE
 MEETS  ALL  OTHER  REQUIREMENTS  FOR A RESTRICTED DENTAL FACULTY LICENSE
 EXCEPT THAT THE DEPARTMENT MAY GRANT  AN  ADDITIONAL  EXTENSION  NOT  TO
 EXCEED  SIX YEARS TO AN ALIEN TO ENABLE HIM OR HER TO SECURE CITIZENSHIP
 OR PERMANENT RESIDENT STATUS, PROVIDED SUCH  STATUS  IS  BEING  ACTIVELY
 PURSUED. NO CURRENT FACULTY MEMBER SHALL BE DISPLACED BY THE HOLDER OF A
 RESTRICTED DENTAL FACULTY LICENSE.
   §  6605.  LIMITED  PERMITS.  1.  ON  RECOMMENDATION  OF THE BOARD, THE
 DEPARTMENT MAY ISSUE A LIMITED PERMIT TO A GRADUATE OF A DENTAL  COLLEGE
 WHO  MEETS THE EDUCATIONAL QUALIFICATIONS FOR ADMISSION TO THE LICENSING
 EXAMINATION IN DENTISTRY FOR EMPLOYMENT IN A HOSPITAL OR DENTAL FACILITY
 APPROVED BY AN APPROPRIATE AGENCY, WHILE UNDER THE DIRECTION  OR  SUPER-
 VISION  OF A LICENSED DENTIST. NO SUCH PERMIT SHALL BE ISSUED OR RENEWED
 UNLESS SUCH GRADUATE HAS A BONA FIDE OFFER  OF  A  POSITION  IN  SUCH  A
 HOSPITAL OR DENTAL FACILITY.
   2.  ON RECOMMENDATION OF THE BOARD, THE DEPARTMENT MAY ISSUE A LIMITED
 PERMIT FOR INSTRUCTING IN DENTISTRY TO A DENTIST NOT LICENSED UNDER THIS
 TITLE TO BE EMPLOYED BY A  REGISTERED  SCHOOL  OF  DENTISTRY  OR  DENTAL
 HYGIENE  TO  INSTRUCT AND SUPERVISE CLINICAL DENTISTRY OR DENTAL HYGIENE
 FOR STUDENTS IN SUCH A REGISTERED SCHOOL IN THE STATE, AND IN  SO  DOING
 TO PRACTICE DENTISTRY AS DEFINED IN THIS TITLE, BUT ONLY ON THE PREMISES
 OF  SUCH  REGISTERED  SCHOOL  OR  SUCH OTHER PREMISES AS MAY BE USED FOR
 INSTRUCTION IN THE PROGRAM OF HEALTH CONDUCTED BY SUCH  INSTITUTION.  NO
 PERSON  SHALL BE PERMITTED OR AUTHORIZED TO INSTRUCT AND SUPERVISE CLIN-
 ICAL DENTISTRY FOR STUDENTS UNLESS SUCH PERSON IS LICENSED IN THIS STATE
 OR HOLDS THE FOREGOING LIMITED PERMIT FOR INSTRUCTING IN DENTISTRY.
   3. THE HOLDER OF A LIMITED PERMIT  UNDER  THIS  SECTION  MAY  PRACTICE
 DENTISTRY,  AS  DEFINED  IN  THIS  TITLE, BUT ONLY IN THE PERFORMANCE OF
 DUTIES REQUIRED BY THE POSITION FOR WHICH THE LIMITED PERMIT IS  ISSUED.
 NOTHING  IN THIS SECTION SHALL BE CONSTRUED TO AUTHORIZE SUCH UNLICENSED
 DENTIST TO ENGAGE IN THE PRIVATE PRACTICE OF DENTISTRY.
   4. A LIMITED PERMIT UNDER THIS SECTION SHALL BE VALID FOR ONE YEAR  OR
 UNTIL  TEN  DAYS  AFTER  NOTIFICATION  OF  DENIAL  OF AN APPLICATION FOR
 LICENSE. A LIMITED PERMIT MAY BE RENEWED FOR ONE  YEAR,  EXCEPT  IF  THE
 APPLICANT  IS  SERVING IN A RESIDENCY PROGRAM IN A HOSPITAL OR SCHOOL OF
 DENTISTRY IN THIS STATE. A LIMITED PERMIT MAY BE  RENEWED  ANNUALLY  FOR
 THE  DURATION OF SUCH RESIDENCY PROGRAM. THE FEE FOR EACH LIMITED PERMIT
 AND FOR EACH RENEWAL SHALL BE ONE HUNDRED FIVE DOLLARS.
   5. NOTWITHSTANDING SUBDIVISION ONE  OF  THIS  SECTION,  DENTAL  SCHOOL
 GRADUATES  WHO  MEET  THE  LICENSE REQUIREMENT FOR EDUCATION PURSUANT TO
 SUBDIVISION TWO OF SECTION SIXTY-SIX HUNDRED FOUR OF THIS TITLE SHALL BE
 DEEMED TO BE EXEMPT PERSONS PURSUANT TO SECTION SIXTY-SIX HUNDRED TEN OF
 THIS TITLE AND SHALL  NOT  BE  REQUIRED  TO  OBTAIN  A  LIMITED  PERMIT,
 PROVIDED THAT THEY ARE EMPLOYED IN AN APPROVED RESIDENCY PROGRAM FOR THE
 PURPOSE OF FULFILLING INITIAL LICENSURE REQUIREMENTS PURSUANT TO SECTION
 SIXTY-SIX  HUNDRED  FOUR  OF THIS TITLE. NOT LATER THAN SIXTY DAYS AFTER
 ENTRY INTO AN APPROVED RESIDENCY  PROGRAM,  THE  DENTAL  RESIDENT  SHALL
 REGISTER ON A FORM ACCEPTABLE TO THE COMMISSIONER AND PAY TO THE DEPART-
 S. 4007                            308                           A. 3007
 
 MENT  A  RESIDENCY REGISTRATION FEE ESTABLISHED BY THE DEPARTMENT, WHICH
 RESIDENCY REGISTRATION FEE SHALL BE REASONABLE AND SHALL NOT EXCEED  THE
 LIMITED  PERMIT  FEE  SPECIFIED IN SUBDIVISION FOUR OF THIS SECTION. ALL
 PERSONS  DEEMED  EXEMPT PURSUANT TO THIS SECTION SHALL BE SUBJECT TO ALL
 PROVISIONS OF TITLE ONE OF THIS ARTICLE, INCLUDING BUT  NOT  LIMITED  TO
 HAVING  DISCIPLINARY  ACTION  TAKEN AGAINST THEIR RESIDENCY REGISTRATION
 STATUS.
   § 6605-A. DENTAL ANESTHESIA CERTIFICATE. 1. A LICENSED  DENTIST  SHALL
 NOT  EMPLOY  CONSCIOUS  SEDATION, DEEP SEDATION OR GENERAL ANESTHESIA IN
 THE PRACTICE OF DENTISTRY, AT ANY LOCATION OTHER THAN A  GENERAL  HOSPI-
 TAL, WITHOUT A DENTAL ANESTHESIA CERTIFICATE ISSUED BY THE DEPARTMENT.
   2.  THE COMMISSIONER SHALL PROMULGATE REGULATIONS, ESTABLISHING STAND-
 ARDS AND PROCEDURES FOR THE ISSUANCE  OF  CERTIFICATES.  SUCH  STANDARDS
 SHALL  REQUIRE  COMPLETION  OF  AN  EDUCATIONAL PROGRAM AND/OR COURSE OF
 TRAINING OR EXPERIENCE SUFFICIENT TO ENSURE THAT A  DENTIST  IS  SPECIF-
 ICALLY TRAINED IN THE USE AND ADMINISTRATION OF CONSCIOUS SEDATION, DEEP
 SEDATION  OR GENERAL ANESTHESIA AND IN THE POSSIBLE EFFECTS OF SUCH USE,
 AND IN THE RECOGNITION OF AND RESPONSE TO POSSIBLE EMERGENCY SITUATIONS.
 SUCH REGULATIONS MAY ALSO ESTABLISH STANDARDS AND SAFEGUARDS FOR THE USE
 OF CONSCIOUS SEDATION, DEEP SEDATION OR GENERAL ANESTHESIA.
   3. NOTHING IN THIS SECTION SHALL LIMIT A DENTIST'S USE OF LOCAL  ANES-
 THESIA,  A  DENTIST'S  USE  OF  NITROUS OXIDE, OR A DENTIST'S USE OF ANY
 OTHER SUBSTANCE OR  AGENT  FOR  A  PURPOSE  OTHER  THAN  ACHIEVING  DEEP
 SEDATION, CONSCIOUS SEDATION, OR GENERAL ANESTHESIA.
   4.  THE  FEE  FOR A DENTAL ANESTHESIA CERTIFICATE SHALL BE ONE HUNDRED
 DOLLARS AND SHALL BE PAID ON A TRIENNIAL  BASIS  UPON  RENEWAL  OF  SUCH
 CERTIFICATE.  A  CERTIFICATE  MAY  BE  SUSPENDED  OR REVOKED IN THE SAME
 MANNER AS A LICENSE TO PRACTICE DENTISTRY.
   §   6605-B.   DENTAL    HYGIENE    RESTRICTED    LOCAL    INFILTRATION
 ANESTHESIA/NITROUS  OXIDE  ANALGESIA  CERTIFICATE. 1. A DENTAL HYGIENIST
 SHALL NOT ADMINISTER OR MONITOR NITROUS OXIDE ANALGESIA OR LOCAL  INFIL-
 TRATION  ANESTHESIA  IN  THE PRACTICE OF DENTAL HYGIENE WITHOUT A DENTAL
 HYGIENE RESTRICTED LOCAL INFILTRATION ANESTHESIA/NITROUS OXIDE ANALGESIA
 CERTIFICATE AND EXCEPT UNDER THE PERSONAL SUPERVISION OF A  DENTIST  AND
 IN CONJUNCTION WITH THE PERFORMANCE OF DENTAL HYGIENE PROCEDURES AUTHOR-
 IZED  BY  LAW  AND  IN  ACCORDANCE  WITH  REGULATIONS PROMULGATED BY THE
 COMMISSIONER. PERSONAL SUPERVISION, FOR PURPOSES OF THIS SECTION,  MEANS
 THAT  THE  SUPERVISING  DENTIST  REMAINS  IN THE DENTAL OFFICE WHERE THE
 LOCAL INFILTRATION ANESTHESIA OR NITROUS OXIDE  ANALGESIA  SERVICES  ARE
 BEING  PERFORMED,  PERSONALLY AUTHORIZES AND PRESCRIBES THE USE OF LOCAL
 INFILTRATION ANESTHESIA OR NITROUS OXIDE ANALGESIA FOR THE PATIENT  AND,
 BEFORE  DISMISSAL  OF  THE PATIENT, PERSONALLY EXAMINES THE CONDITION OF
 THE PATIENT AFTER THE USE OF LOCAL INFILTRATION  ANESTHESIA  OR  NITROUS
 OXIDE  ANALGESIA  IS  COMPLETED.    IT  IS PROFESSIONAL MISCONDUCT FOR A
 DENTIST TO FAIL TO PROVIDE THE SUPERVISION REQUIRED BY THIS SECTION, AND
 ANY DENTIST  FOUND  GUILTY  OF  SUCH  MISCONDUCT  UNDER  THE  PROCEDURES
 PRESCRIBED  IN  SECTION  SIXTY-FIVE HUNDRED TEN OF THIS ARTICLE SHALL BE
 SUBJECT TO THE PENALTIES PRESCRIBED IN SECTION SIXTY-FIVE HUNDRED ELEVEN
 OF THIS ARTICLE.
   2. THE COMMISSIONER SHALL PROMULGATE REGULATIONS  ESTABLISHING  STAND-
 ARDS AND PROCEDURES FOR THE ISSUANCE OF SUCH CERTIFICATE. SUCH STANDARDS
 SHALL  REQUIRE  COMPLETION  OF  AN  EDUCATIONAL PROGRAM AND/OR COURSE OF
 TRAINING OR EXPERIENCE SUFFICIENT TO ENSURE THAT A DENTAL  HYGIENIST  IS
 SPECIFICALLY  TRAINED  IN  THE  ADMINISTRATION AND MONITORING OF NITROUS
 OXIDE ANALGESIA AND LOCAL INFILTRATION ANESTHESIA, THE POSSIBLE  EFFECTS
 S. 4007                            309                           A. 3007
 
 OF SUCH USE, AND IN THE RECOGNITION OF AND RESPONSE TO POSSIBLE EMERGEN-
 CY SITUATIONS.
   3.  THE  FEE  FOR  A  DENTAL  HYGIENE  RESTRICTED  LOCAL  INFILTRATION
 ANESTHESIA/NITROUS OXIDE  ANALGESIA  CERTIFICATE  SHALL  BE  TWENTY-FIVE
 DOLLARS  AND  SHALL  BE  PAID  ON A TRIENNIAL BASIS UPON RENEWAL OF SUCH
 CERTIFICATE. A CERTIFICATE MAY BE  SUSPENDED  OR  REVOKED  IN  THE  SAME
 MANNER AS A LICENSE TO PRACTICE DENTAL HYGIENE.
   §  6606.  DEFINITION OF PRACTICE OF DENTAL HYGIENE. 1. THE PRACTICE OF
 THE PROFESSION OF DENTAL HYGIENE IS DEFINED AS THE PERFORMANCE OF DENTAL
 SERVICES WHICH SHALL INCLUDE REMOVING  CALCAREOUS  DEPOSITS,  ACCRETIONS
 AND  STAINS  FROM  THE  EXPOSED SURFACES OF THE TEETH WHICH BEGIN AT THE
 EPITHELIAL ATTACHMENT  AND  APPLYING  TOPICAL  AGENTS  INDICATED  FOR  A
 COMPLETE DENTAL PROPHYLAXIS, REMOVING CEMENT, PLACING OR REMOVING RUBBER
 DAM, REMOVING SUTURES, PLACING MATRIX BAND, PROVIDING PATIENT EDUCATION,
 APPLYING  TOPICAL  MEDICATION,  PLACING  AND  EXPOSING DIAGNOSTIC DENTAL
 X-RAY FILMS, PERFORMING TOPICAL FLUORIDE APPLICATIONS AND TOPICAL  ANES-
 THETIC  APPLICATIONS,  POLISHING TEETH, TAKING MEDICAL HISTORY, CHARTING
 CARIES, TAKING IMPRESSIONS FOR STUDY CASTS, PLACING AND REMOVING  TEMPO-
 RARY  RESTORATIONS, ADMINISTERING AND MONITORING NITROUS OXIDE ANALGESIA
 AND ADMINISTERING AND MONITORING LOCAL INFILTRATION ANESTHESIA,  SUBJECT
 TO  CERTIFICATION IN ACCORDANCE WITH SECTION SIXTY-SIX HUNDRED FIVE-B OF
 THIS TITLE, AND ANY OTHER FUNCTION IN THE DEFINITION OF THE PRACTICE  OF
 DENTISTRY  AS  MAY BE DELEGATED BY A LICENSED DENTIST IN ACCORDANCE WITH
 REGULATIONS PROMULGATED BY THE  COMMISSIONER.  THE  PRACTICE  OF  DENTAL
 HYGIENE MAY BE CONDUCTED IN THE OFFICE OF ANY LICENSED DENTIST OR IN ANY
 APPROPRIATELY  EQUIPPED  SCHOOL  OR  PUBLIC INSTITUTION BUT MUST BE DONE
 EITHER UNDER THE SUPERVISION OF A LICENSED DENTIST OR, IN THE CASE OF  A
 REGISTERED DENTAL HYGIENIST WORKING FOR A HOSPITAL AS DEFINED IN ARTICLE
 TWENTY-EIGHT  OF  THIS  CHAPTER, PURSUANT TO A COLLABORATIVE ARRANGEMENT
 WITH A LICENSED AND REGISTERED DENTIST WHO  HAS  A  FORMAL  RELATIONSHIP
 WITH THE SAME HOSPITAL IN ACCORDANCE WITH REGULATIONS PROMULGATED BY THE
 DEPARTMENT.  SUCH  COLLABORATIVE ARRANGEMENT SHALL NOT OBVIATE OR SUPER-
 SEDE ANY LAW OR REGULATION WHICH  REQUIRES  IDENTIFIED  SERVICES  TO  BE
 PERFORMED  UNDER  THE  PERSONAL  SUPERVISION  OF  A DENTIST. WHEN DENTAL
 HYGIENE SERVICES ARE PROVIDED PURSUANT  TO  A  COLLABORATIVE  AGREEMENT,
 SUCH  DENTAL  HYGIENIST  SHALL  INSTRUCT INDIVIDUALS TO VISIT A LICENSED
 DENTIST FOR COMPREHENSIVE EXAMINATION OR TREATMENT.
   2. THE COMMISSIONER SHALL PROMULGATE REGULATIONS  DEFINING  THE  FUNC-
 TIONS A DENTAL HYGIENIST MAY PERFORM THAT ARE CONSISTENT WITH THE TRAIN-
 ING AND QUALIFICATIONS FOR A LICENSE AS A DENTAL HYGIENIST.
   §  6607.  PRACTICE  OF DENTAL HYGIENE AND USE OF TITLE "DENTAL HYGIEN-
 IST". ONLY A PERSON LICENSED UNDER SECTION  SIXTY-SIX  HUNDRED  NINE  OF
 THIS  TITLE  OR  EXEMPT  SHALL  PRACTICE DENTAL HYGIENE OR USE THE TITLE
 "DENTAL HYGIENIST".
   § 6608. DEFINITION OF PRACTICE OF  REGISTERED  DENTAL  ASSISTING.  THE
 PRACTICE OF REGISTERED DENTAL ASSISTING IS DEFINED AS PROVIDING SUPPORT-
 IVE  SERVICES  TO A DENTIST IN HIS OR HER PERFORMANCE OF DENTAL SERVICES
 AUTHORIZED UNDER  THIS  TITLE.  SUCH  SUPPORT  SHALL  INCLUDE  PROVIDING
 PATIENT  EDUCATION, TAKING PRELIMINARY MEDICAL HISTORIES AND VITAL SIGNS
 TO BE REVIEWED BY THE DENTIST, PLACING AND REMOVING RUBBER DAMS, SELECT-
 ING AND PREFITTING PROVISIONAL CROWNS, SELECTING AND  PREFITTING  ORTHO-
 DONTIC BANDS, REMOVING ORTHODONTIC ARCH WIRES AND LIGATURE TIES, PLACING
 AND  REMOVING  MATRIX BANDS, TAKING IMPRESSIONS FOR STUDY CASTS OR DIAG-
 NOSTIC CASTS, REMOVING PERIODONTAL  DRESSINGS,  AND  SUCH  OTHER  DENTAL
 SUPPORTIVE  SERVICES  AUTHORIZED  BY  THE  DENTIST CONSISTENT WITH REGU-
 LATIONS PROMULGATED BY THE COMMISSIONER, PROVIDED  THAT  SUCH  FUNCTIONS
 S. 4007                            310                           A. 3007
 
 ARE  PERFORMED  UNDER  THE  DIRECT  PERSONAL  SUPERVISION  OF A LICENSED
 DENTIST IN THE COURSE  OF  THE  PERFORMANCE  OF  DENTAL  SERVICES.  SUCH
 SERVICES  SHALL NOT INCLUDE DIAGNOSING AND/OR PERFORMING SURGICAL PROCE-
 DURES,  IRREVERSIBLE  PROCEDURES OR PROCEDURES THAT WOULD ALTER THE HARD
 OR SOFT TISSUE OF THE ORAL AND MAXILLOFACIAL AREA OR  ANY  OTHER  PROCE-
 DURES  DETERMINED  BY  THE DEPARTMENT. THE PRACTICE OF REGISTERED DENTAL
 ASSISTING MAY BE CONDUCTED IN THE OFFICE OF ANY LICENSED DENTIST  OR  IN
 ANY APPROPRIATELY EQUIPPED SCHOOL OR PUBLIC INSTITUTION BUT MUST BE DONE
 UNDER  THE  DIRECT  PERSONAL  SUPERVISION  OF A LICENSED DENTIST. DIRECT
 PERSONAL SUPERVISION, FOR PURPOSES OF THIS SECTION, MEANS SUPERVISION OF
 DENTAL PROCEDURES BASED ON INSTRUCTIONS GIVEN BY A LICENSED  DENTIST  IN
 THE  COURSE  OF  A  PROCEDURE WHO REMAINS IN THE DENTAL OFFICE WHERE THE
 SUPPORTIVE SERVICES ARE BEING PERFORMED, PERSONALLY DIAGNOSES THE CONDI-
 TION TO BE TREATED, PERSONALLY AUTHORIZES  THE  PROCEDURES,  AND  BEFORE
 DISMISSAL OF THE PATIENT, WHO REMAINS THE RESPONSIBILITY OF THE LICENSED
 DENTIST,  EVALUATES  THE  SERVICES  PERFORMED  BY  THE REGISTERED DENTAL
 ASSISTANT. NOTHING HEREIN AUTHORIZES A REGISTERED  DENTAL  ASSISTANT  TO
 PERFORM ANY OF THE SERVICES OR FUNCTIONS DEFINED AS PART OF THE PRACTICE
 OF  DENTAL  HYGIENE IN ACCORDANCE WITH THE PROVISIONS OF SUBDIVISION ONE
 OF SECTION SIXTY-SIX HUNDRED SIX OF THIS TITLE, EXCEPT  THOSE  FUNCTIONS
 AUTHORIZED  PURSUANT  TO  THIS  SECTION.  ALL DENTAL SUPPORTIVE SERVICES
 PROVIDED IN THIS SECTION MAY BE PERFORMED BY CURRENTLY REGISTERED DENTAL
 HYGIENISTS EITHER UNDER A DENTIST'S SUPERVISION,  AS  DEFINED  IN  REGU-
 LATIONS  OF  THE  COMMISSIONER,  OR,  IN THE CASE OF A REGISTERED DENTAL
 HYGIENIST WORKING FOR A HOSPITAL AS DEFINED IN ARTICLE  TWENTY-EIGHT  OF
 THIS  CHAPTER,  PURSUANT  TO A COLLABORATIVE ARRANGEMENT WITH A LICENSED
 DENTIST IN ACCORDANCE WITH SUBDIVISION ONE OF SECTION SIXTY-SIX  HUNDRED
 SIX  OF THIS TITLE.  SUCH COLLABORATIVE ARRANGEMENT SHALL NOT OBVIATE OR
 SUPERSEDE ANY LAW OR REGULATION WHICH REQUIRES IDENTIFIED SERVICES TO BE
 PERFORMED UNDER THE PERSONAL SUPERVISION OF A DENTIST.
   § 6608-A. PRACTICE OF REGISTERED DENTAL ASSISTING  AND  USE  OF  TITLE
 "REGISTERED  DENTAL  ASSISTANT".  ONLY  A PERSON CERTIFIED UNDER SECTION
 SIXTY-SIX HUNDRED EIGHT-B OF THIS TITLE OR EXEMPT  PURSUANT  TO  SECTION
 SIXTY-SIX  HUNDRED  TEN  OF  THIS TITLE SHALL PRACTICE REGISTERED DENTAL
 ASSISTING. ONLY A PERSON CERTIFIED PURSUANT TO SECTION SIXTY-SIX HUNDRED
 EIGHT-B OF THIS TITLE SHALL USE THE TITLE "REGISTERED DENTAL ASSISTANT".
   § 6608-B.  REQUIREMENTS  FOR  CERTIFICATION  AS  A  REGISTERED  DENTAL
 ASSISTANT.  TO  QUALIFY FOR CERTIFICATION AS A REGISTERED DENTAL ASSIST-
 ANT, AN APPLICANT SHALL FULFILL THE FOLLOWING REQUIREMENTS:
   1. APPLICATION: FILE AN APPLICATION WITH THE DEPARTMENT;
   2. AGE: BE AT LEAST EIGHTEEN YEARS OF AGE;
   3. FEES: PAY A FEE OF FORTY-FIVE DOLLARS TO THE DEPARTMENT FOR INITIAL
 CERTIFICATION AND A FEE OF FIFTY DOLLARS FOR EACH TRIENNIAL REGISTRATION
 PERIOD;
   4. EDUCATION AND EXPERIENCE: A. HAVE RECEIVED A HIGH  SCHOOL  DIPLOMA,
 OR  ITS  EQUIVALENT,  AND  B. HAVE SUCCESSFULLY COMPLETED, IN ACCORDANCE
 WITH THE COMMISSIONER'S REGULATIONS: (I) AN APPROVED ONE-YEAR COURSE  OF
 STUDY IN DENTAL ASSISTING IN A DEGREE-GRANTING INSTITUTION OR A BOARD OF
 COOPERATIVE  EDUCATIONAL  SERVICES  PROGRAM  WHICH INCLUDES AT LEAST TWO
 HUNDRED HOURS OF CLINICAL EXPERIENCE, OR AN EQUIVALENT  APPROVED  COURSE
 OF  STUDY IN DENTAL ASSISTING IN A NON-DEGREE GRANTING INSTITUTION WHICH
 SHALL NOT BE A PROFESSIONAL ASSOCIATION OR PROFESSIONAL ORGANIZATION, OR
 (II) AN ALTERNATE COURSE OF STUDY IN DENTAL ASSISTING ACCEPTABLE TO  THE
 DEPARTMENT WHICH SHALL BE PROVIDED BY A DEGREE-GRANTING INSTITUTION OR A
 BOARD  OF  COOPERATIVE  EDUCATIONAL  SERVICES  PROGRAM WHICH INCLUDES AT
 LEAST ONE THOUSAND HOURS OF RELEVANT WORK EXPERIENCE;
 S. 4007                            311                           A. 3007
 
   5. EXAMINATION: PASS AN EXAMINATION IN DENTAL ASSISTING  GIVEN  BY  AN
 ORGANIZATION WHICH ADMINISTERS SUCH EXAMINATIONS AND WHICH IS ACCEPTABLE
 TO THE DEPARTMENT; AND
   6.  CHARACTER: BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE DEPART-
 MENT.
   § 6608-C. EXEMPT PERSONS; REGISTERED DENTAL ASSISTANT. NOTHING IN THIS
 TITLE SHALL BE CONSTRUED TO AFFECT OR PREVENT A STUDENT FROM ENGAGING IN
 ANY PROCEDURE AUTHORIZED UNDER SECTION SIXTY-SIX HUNDRED EIGHT  OF  THIS
 TITLE  IN CLINICAL PRACTICE AS PART OF A COURSE OF STUDY APPROVED BY THE
 DEPARTMENT PURSUANT TO SUBDIVISION FOUR  OF  SECTION  SIXTY-SIX  HUNDRED
 EIGHT-B OF THIS TITLE.
   § 6608-D. LIMITED PERMITS. THE DEPARTMENT SHALL ISSUE A LIMITED PERMIT
 TO  AN APPLICANT WHO MEETS ALL REQUIREMENTS FOR ADMISSION TO THE LICENS-
 ING EXAMINATION. ALL PRACTICE UNDER A LIMITED PERMIT SHALL BE UNDER  THE
 DIRECT PERSONAL SUPERVISION OF A LICENSED DENTIST. LIMITED PERMITS SHALL
 BE  FOR  ONE YEAR AND MAY BE RENEWED AT THE DISCRETION OF THE DEPARTMENT
 FOR ONE ADDITIONAL YEAR. THE FEE FOR EACH LIMITED PERMIT  AND  FOR  EACH
 RENEWAL SHALL BE FORTY DOLLARS.
   §  6609.  REQUIREMENTS FOR A LICENSE AS A DENTAL HYGIENIST. TO QUALIFY
 FOR A LICENSE AS A DENTAL HYGIENIST,  AN  APPLICANT  SHALL  FULFILL  THE
 FOLLOWING REQUIREMENTS:
   1. APPLICATION: FILE AN APPLICATION WITH THE DEPARTMENT;
   2. EDUCATION: HAVE RECEIVED AN EDUCATION, INCLUDING HIGH SCHOOL GRADU-
 ATION  AND COMPLETION OF A PROGRAM IN DENTAL HYGIENE, IN ACCORDANCE WITH
 THE COMMISSIONER'S REGULATIONS;
   3. EXPERIENCE: HAVE  EXPERIENCE  SATISFACTORY  TO  THE  BOARD  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 SEVENTEEN YEARS OF AGE;
   6. CITIZENSHIP OR IMMIGRATION STATUS: BE A UNITED STATES CITIZEN OR AN
 ALIEN LAWFULLY ADMITTED FOR PERMANENT RESIDENCE IN  THE  UNITED  STATES;
 PROVIDED, HOWEVER, THAT THE DEPARTMENT MAY GRANT A THREE-YEAR WAIVER FOR
 AN  ALIEN  TO  PRACTICE  IN  AN AREA WHICH HAS BEEN DESIGNATED A FEDERAL
 DENTAL HEALTH PROFESSIONS SHORTAGE AREA, EXCEPT THAT THE DEPARTMENT  MAY
 GRANT  AN  ADDITIONAL  EXTENSION  NOT TO EXCEED SIX YEARS TO AN ALIEN TO
 ENABLE HIM OR HER TO SECURE CITIZENSHIP OR  PERMANENT  RESIDENT  STATUS,
 PROVIDED SUCH STATUS IS BEING ACTIVELY PURSUED;
   7.  CHARACTER: BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE DEPART-
 MENT; AND
   8. FEES: PAY A FEE OF ONE HUNDRED FIFTEEN DOLLARS  TO  THE  DEPARTMENT
 FOR  ADMISSION  TO A DEPARTMENT CONDUCTED EXAMINATION AND FOR AN INITIAL
 LICENSE, A FEE OF FIFTY DOLLARS FOR EACH REEXAMINATION, A FEE OF SEVENTY
 DOLLARS FOR AN INITIAL LICENSE FOR PERSONS NOT REQUIRING ADMISSION TO  A
 DEPARTMENT  CONDUCTED  EXAMINATION,  AND A FEE OF FIFTY DOLLARS FOR EACH
 TRIENNIAL REGISTRATION PERIOD.
   § 6609-A. MANDATORY CONTINUING EDUCATION FOR DENTAL HYGIENISTS. 1.  A.
 EACH  DENTAL  HYGIENIST, LICENSED PURSUANT TO THIS TITLE AND REQUIRED TO
 REGISTER TRIENNIALLY WITH THE DEPARTMENT TO PRACTICE IN THIS STATE SHALL
 COMPLY  WITH  THE  PROVISIONS  OF  THE  MANDATORY  CONTINUING  EDUCATION
 REQUIREMENTS, EXCEPT AS SET FORTH IN PARAGRAPHS B AND C OF THIS SUBDIVI-
 SION.  DENTAL  HYGIENISTS  WHO  DO  NOT SATISFY THE MANDATORY CONTINUING
 EDUCATION REQUIREMENTS SHALL NOT  PRACTICE  UNTIL  THEY  HAVE  MET  SUCH
 REQUIREMENTS  AND  HAVE BEEN ISSUED A REGISTRATION OR CONDITIONAL REGIS-
 TRATION CERTIFICATE.
 S. 4007                            312                           A. 3007
 
   B. DENTAL HYGIENISTS SHALL BE EXEMPT  FROM  THE  MANDATORY  CONTINUING
 EDUCATION REQUIREMENT FOR THE TRIENNIAL REGISTRATION PERIOD DURING WHICH
 THEY  ARE FIRST LICENSED. IN ACCORDANCE WITH THE INTENT OF THIS SECTION,
 ADJUSTMENTS TO THE MANDATORY CONTINUING  EDUCATION  REQUIREMENT  MAY  BE
 GRANTED  BY  THE DEPARTMENT FOR REASONS OF HEALTH, CERTIFIED BY A PHYSI-
 CIAN, 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 DENTAL HYGIENIST NOT ENGAGED IN THE PRACTICE  OF  DENTAL
 HYGIENE SHALL BE EXEMPT FROM THE MANDATORY CONTINUING EDUCATION REQUIRE-
 MENT  UPON  THE FILING OF A STATEMENT WITH THE DEPARTMENT DECLARING SUCH
 STATUS. ANY LICENSEE WHO RETURNS  TO  THE  PRACTICE  OF  DENTAL  HYGIENE
 DURING  THE  TRIENNIAL  REGISTRATION  PERIOD SHALL NOTIFY THE DEPARTMENT
 PRIOR TO REENTERING THE PROFESSION AND SHALL MEET SUCH MANDATORY CONTIN-
 UING EDUCATION REQUIREMENTS AS SHALL BE PRESCRIBED BY REGULATION OF  THE
 COMMISSIONER.
   2.  DURING  EACH TRIENNIAL REGISTRATION PERIOD AN APPLICANT FOR REGIS-
 TRATION SHALL COMPLETE A MINIMUM  OF  TWENTY-FOUR  HOURS  OF  ACCEPTABLE
 FORMAL  CONTINUING  EDUCATION  INCLUDING  CURRENTLY MANDATED CHILD ABUSE
 REPORTING INSTRUCTION AND INFECTION CONTROL TRAINING AS APPROVED BY  THE
 DEPARTMENT.  OF  THESE  TWENTY-FOUR  HOURS A MAXIMUM OF TEN HOURS MAY BE
 SELF-INSTRUCTIONAL COURSEWORK AS APPROVED BY THE DEPARTMENT. ANY  DENTAL
 HYGIENIST  WHOSE FIRST REGISTRATION DATE FOLLOWING THE EFFECTIVE DATE OF
 THIS SECTION OCCURS LESS THAN THREE YEARS FROM SUCH EFFECTIVE DATE,  BUT
 ON OR AFTER JANUARY FIRST, NINETEEN HUNDRED NINETY-EIGHT, SHALL COMPLETE
 CONTINUING  EDUCATION  HOURS  ON A PRORATED BASIS AT THE RATE OF ONE AND
 ONE-QUARTER HOURS PER MONTH FOR  THE  PERIOD  BEGINNING  JANUARY  FIRST,
 NINETEEN  HUNDRED  NINETY-SEVEN UP TO THE FIRST REGISTRATION DATE THERE-
 AFTER. A LICENSEE WHO HAS NOT SATISFIED THE MANDATORY CONTINUING  EDUCA-
 TION  REQUIREMENTS  SHALL NOT BE ISSUED A TRIENNIAL REGISTRATION CERTIF-
 ICATE BY THE DEPARTMENT AND  SHALL  NOT  PRACTICE  UNLESS  AND  UNTIL  A
 CONDITIONAL  REGISTRATION  CERTIFICATE IS ISSUED AS PROVIDED IN SUBDIVI-
 SION THREE OF THIS SECTION.  THE INDIVIDUAL LICENSEE SHALL DETERMINE THE
 SELECTION OF COURSES OR PROGRAMS OF STUDY PURSUANT TO  SUBDIVISION  FOUR
 OF THIS SECTION.
   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. ANY LICENSEE WHO IS NOTIFIED OF THE
 DENIAL OF REGISTRATION FOR FAILURE TO SUBMIT EVIDENCE,  SATISFACTORY  TO
 THE  DEPARTMENT,  OF COMPLETION OF REQUIRED CONTINUING EDUCATION AND WHO
 PRACTICES DENTAL HYGIENE WITHOUT SUCH REGISTRATION, MAY  BE  SUBJECT  TO
 DISCIPLINARY  PROCEEDINGS  PURSUANT TO SECTION SIXTY-FIVE HUNDRED TEN OF
 THIS ARTICLE.
   4. AS USED IN THIS SECTION, "ACCEPTABLE FORMAL  CONTINUING  EDUCATION"
 SHALL  MEAN FORMAL PROGRAMS OF LEARNING WHICH CONTRIBUTE TO PROFESSIONAL
 PRACTICE AND WHICH MEET THE STANDARDS PRESCRIBED BY REGULATIONS  OF  THE
 COMMISSIONER. TO FULFILL THE MANDATORY CONTINUING EDUCATION REQUIREMENT,
 PROGRAMS  MUST BE TAKEN FROM SPONSORS APPROVED BY THE DEPARTMENT, PURSU-
 ANT TO THE REGULATIONS OF THE COMMISSIONER.
   5. THE MANDATORY CONTINUING EDUCATION FEE OF THIRTY DOLLARS  SHALL  BE
 PAYABLE  ON OR BEFORE THE FIRST DAY OF EACH TRIENNIAL REGISTRATION PERI-
 S. 4007                            313                           A. 3007
 
 OD, AND SHALL BE PAID IN ADDITION  TO  THE  TRIENNIAL  REGISTRATION  FEE
 REQUIRED BY SECTION SIXTY-SIX HUNDRED NINE OF THIS TITLE.
   §  6609-B.  LIMITED  PERMIT  TO  PRACTICE DENTAL HYGIENE. 1. A LIMITED
 PERMIT TO PRACTICE DENTAL HYGIENE MAY BE GRANTED TO  AN  INDIVIDUAL  WHO
 HAS,  TO THE SATISFACTION OF THE DEPARTMENT, MET ALL THE REQUIREMENTS OF
 SECTION SIXTY-SIX HUNDRED NINE OF THIS TITLE, BUT HAS NOT YET PASSED THE
 EXAMINATION REQUIRED BY SUBDIVISION FOUR OF SUCH SECTION.
   2. A LIMITED PERMIT SHALL AUTHORIZE  THE  HOLDER  TO  PRACTICE  DENTAL
 HYGIENE  AS  DEFINED IN SECTION SIXTY-SIX HUNDRED SIX OF THIS TITLE, BUT
 ONLY UNDER THE PERSONAL SUPERVISION OF A LICENSED DENTIST, AS DEFINED IN
 REGULATIONS PROMULGATED BY THE COMMISSIONER.
   3. LIMITED PERMITS SHALL BE ISSUED FOR A PERIOD OF ONE YEAR AND MAY BE
 RENEWED AT THE DISCRETION OF THE DEPARTMENT FOR ONE ADDITIONAL YEAR.
   4. THE FEE FOR A LIMITED PERMIT AND FOR EACH RENEWAL  SHALL  BE  FIFTY
 DOLLARS.
   §  6610.  EXEMPT PERSONS; PRACTICE OF DENTAL HYGIENE.  NOTHING IN THIS
 TITLE SHALL BE CONSTRUED TO AFFECT OR PREVENT:
   1. AN UNLICENSED PERSON FROM PERFORMING SOLELY  MECHANICAL  WORK  UPON
 INERT  MATTER  IN A DENTAL OFFICE OR ON A DENTAL LABORATORY PRESCRIPTION
 OF A DENTIST HOLDING A LICENSE OR LIMITED PERMIT.
   2. A STUDENT FROM ENGAGING IN CLINICAL PRACTICE AS PART  OF  A  REGIS-
 TERED  PROGRAM  OPERATED BY A SCHOOL OF DENTISTRY UNDER SUPERVISION OF A
 DENTIST HOLDING A LICENSE OR LIMITED PERMIT FOR INSTRUCTING IN DENTISTRY
 IN A SCHOOL OF DENTISTRY.
   3. A STUDENT FROM ENGAGING IN ANY PROCEDURE AUTHORIZED  UNDER  SECTION
 SIXTY-SIX  HUNDRED  SIX  OF THIS TITLE IN CLINICAL PRACTICE AS PART OF A
 REGISTERED PROGRAM IN DENTAL HYGIENE  UNDER  SUPERVISION  OF  A  DENTIST
 HOLDING  A LICENSE OR A LIMITED PERMIT FOR INSTRUCTING IN DENTISTRY IN A
 SCHOOL OF DENTAL HYGIENE.
   4. AN EMPLOYEE OF A FEDERAL AGENCY FROM USING THE TITLE OF  AND  PRAC-
 TICING  AS  A DENTIST OR DENTAL HYGIENIST INSOFAR AS SUCH ACTIVITIES ARE
 REQUIRED BY HIS SALARIED POSITION.
   5. A DENTIST OR A DENTAL HYGIENIST LICENSED IN  SOME  OTHER  STATE  OR
 COUNTRY FROM MAKING A TEACHING CLINICAL DEMONSTRATION BEFORE A REGULARLY
 ORGANIZED  DENTAL  OR MEDICAL SOCIETY OR GROUP, OR FROM MEETING LICENSED
 DENTISTS IN THIS STATE FOR CONSULTATION, PROVIDED  SUCH  ACTIVITIES  ARE
 LIMITED TO SUCH DEMONSTRATION OR CONSULTATION.
   6. A DENTIST LICENSED IN ANOTHER STATE OR COUNTRY WHO IS EMPLOYED ON A
 FULL-TIME  BASIS  BY A REGISTERED DENTAL SCHOOL AS A FACULTY MEMBER WITH
 THE RANK OF ASSISTANT PROFESSOR OR HIGHER FROM CONDUCTING  RESEARCH  AND
 CLINICAL  DEMONSTRATIONS  AS A PART OF SUCH EMPLOYMENT, UNDER THE SUPER-
 VISION OF A LICENSED DENTIST AND ON THE PREMISES OF THE SCHOOL.  NO  FEE
 MAY BE CHARGED FOR THE PRACTICE OF DENTISTRY AUTHORIZED BY THIS SUBDIVI-
 SION.
   7.  A  DENTIST LICENSED IN ANOTHER STATE OR COUNTRY WHO IS VISITING AN
 APPROVED DENTAL SCHOOL OR ANY OTHER ENTITY OPERATING A RESIDENCY PROGRAM
 THAT HAS BEEN ACCREDITED BY A NATIONAL ACCREDITING BODY APPROVED BY  THE
 DEPARTMENT  TO  RECEIVE  DENTAL  INSTRUCTION  FOR A PERIOD NOT TO EXCEED
 NINETY DAYS FROM ENGAGING IN CLINICAL PRACTICE, PROVIDED  SUCH  PRACTICE
 IS  LIMITED TO SUCH INSTRUCTION AND IS UNDER THE DIRECT SUPERVISION OF A
 LICENSED DENTIST.
   8. ANY STUDENT MATRICULATED IN AN  ACCREDITED  DENTAL  SCHOOL  LOCATED
 OUTSIDE  NEW  YORK STATE FROM ENGAGING IN APPROPRIATELY SUPERVISED CLIN-
 ICAL PRACTICE AS PART OF THE  SCHOOL'S  DENTAL  PROGRAM  IN  A  TEACHING
 HOSPITAL  WHICH  HAS A TEACHING AFFILIATION AGREEMENT WITH THE STUDENT'S
 DENTAL SCHOOL.
 S. 4007                            314                           A. 3007

   § 6611. SPECIAL PROVISIONS. 1. EXCEPT UPON THE WRITTEN DENTAL  LABORA-
 TORY  PRESCRIPTION  OF  A  LICENSED  DENTIST  AND  EXCEPT  BY THE USE OF
 IMPRESSIONS OR CASTS MADE BY A LICENSED DENTIST,  NO  DENTAL  LABORATORY
 SHALL  FURNISH,  SUPPLY,  CONSTRUCT, REPRODUCE, PLACE, ADJUST, OR REPAIR
 ANY  DENTAL  PROSTHESIS,  DEVICE,  OR  APPLIANCE.  A  DENTAL  LABORATORY
 PRESCRIPTION SHALL BE MADE OUT IN DUPLICATE. IT SHALL CONTAIN SUCH  DATA
 AS  MAY  BE PRESCRIBED BY THE COMMISSIONER'S REGULATIONS. ONE COPY SHALL
 BE RETAINED BY THE PRACTITIONER OF DENTISTRY FOR A PERIOD OF  ONE  YEAR.
 THE  OTHER  COPY  SHALL  BE  ISSUED  TO  THE PERSON, FIRM OR CORPORATION
 ENGAGED IN FILLING DENTAL LABORATORY PRESCRIPTIONS, WHO OR  WHICH  SHALL
 EACH  RETAIN  AND FILE IN THEIR RESPECTIVE OFFICES OR PLACES OF BUSINESS
 THEIR RESPECTIVE COPIES FOR A PERIOD OF ONE YEAR.
   2. THE DEPARTMENT IS EMPOWERED TO INSPECT AND TO HAVE  ACCESS  TO  ALL
 PLACES,  INCLUDING  THE  OFFICE  OR OFFICES OF A LICENSED DENTIST, WHERE
 COPIES OF DENTAL LABORATORY PRESCRIPTIONS  ISSUED  BY  HIM  OR  HER  ARE
 RETAINED  AS  REQUIRED  BY  THIS SECTION, AND TO ALL PLACES WHERE DENTAL
 LABORATORY PRESCRIPTIONS ARE FILLED OR TO ANY WORKROOM OR  WORKROOMS  IN
 WHICH PROSTHETIC RESTORATIONS, PROSTHETIC DENTURES, BRIDGES, ORTHODONTIC
 OR  OTHER APPLIANCES OR STRUCTURES TO BE USED AS SUBSTITUTES FOR NATURAL
 TEETH OR TISSUE OR FOR THE CORRECTION OF MALOCCLUSION OR DEFORMITIES ARE
 MADE, REPAIRED OR ALTERED, WITH POWER TO SUBPOENA AND EXAMINE RECORDS OF
 DENTAL LABORATORY PRESCRIPTIONS. A PERSON WHO FAILS TO GRANT  ACCESS  TO
 SUCH  PLACES  OR WHO FAILS TO MAINTAIN PRESCRIPTIONS AS REQUIRED BY THIS
 SECTION SHALL BE GUILTY OF A CLASS A MISDEMEANOR.
   3. THE DEPARTMENT MAY ARRANGE FOR THE CONDUCT OF CLINICAL EXAMINATIONS
 IN THE CLINIC OF ANY SCHOOL OF DENTISTRY OR  DENTAL  HYGIENE  WITHIN  OR
 OUTSIDE THE STATE FOR DENTAL OR DENTAL HYGIENE CANDIDATES.
   4. A NOT-FOR-PROFIT DENTAL OR MEDICAL EXPENSE INDEMNITY CORPORATION OR
 HOSPITAL SERVICE CORPORATION ORGANIZED UNDER THE INSURANCE LAW OR PURSU-
 ANT  TO  SPECIAL  LEGISLATION  MAY ENTER INTO CONTRACTS WITH DENTISTS OR
 PARTNERSHIPS OF DENTISTS TO  PROVIDE  DENTAL  CARE  ON  ITS  BEHALF  FOR
 PERSONS INSURED UNDER ITS CONTRACTS OR POLICIES.
   5.  LEGALLY INCORPORATED DENTAL CORPORATIONS EXISTING AND IN OPERATION
 PRIOR TO JANUARY FIRST, NINETEEN HUNDRED SIXTEEN, MAY CONTINUE TO  OPER-
 ATE THROUGH LICENSED DENTISTS WHILE CONFORMING TO THE PROVISIONS OF THIS
 TITLE.  ANY  SUCH CORPORATION WHICH SHALL BE DISSOLVED OR CEASE TO EXIST
 OR OPERATE FOR ANY REASON WHATSOEVER SHALL NOT BE  PERMITTED  TO  RESUME
 OPERATIONS.  NO SUCH CORPORATION SHALL CHANGE ITS NAME OR SELL ITS FRAN-
 CHISE OR TRANSFER ITS CORPORATE RIGHTS DIRECTLY OR INDIRECTLY, BY TRANS-
 FER OF CAPITAL STOCK CONTROL OR OTHERWISE, TO ANY PERSON OR  TO  ANOTHER
 CORPORATION  WITHOUT PERMISSION FROM THE DEPARTMENT, AND ANY CORPORATION
 SO CHANGING ITS NAME OR  SO  TRANSFERRING  ITS  FRANCHISE  OR  CORPORATE
 RIGHTS  WITHOUT  SUCH  PERMISSION  SHALL BE DEEMED TO HAVE FORFEITED ITS
 RIGHTS TO EXIST AND MAY BE DISSOLVED BY AN ACTION BROUGHT BY THE  ATTOR-
 NEY GENERAL.
   6.  NOTWITHSTANDING ANY INCONSISTENT PROVISION OF ANY GENERAL, SPECIAL
 OR LOCAL LAW, ANY LICENSED  DENTIST  WHO  VOLUNTARILY  AND  WITHOUT  THE
 EXPECTATION  OF  MONETARY  COMPENSATION  RENDERS  FIRST AID OR EMERGENCY
 TREATMENT AT THE SCENE OF AN ACCIDENT OR OTHER EMERGENCY, OUTSIDE  OF  A
 HOSPITAL  OR  ANY OTHER PLACE HAVING PROPER AND NECESSARY MEDICAL EQUIP-
 MENT, TO A PERSON WHO IS UNCONSCIOUS, ILL OR INJURED SHALL NOT BE LIABLE
 FOR DAMAGES FOR INJURIES ALLEGED TO HAVE BEEN SUSTAINED BY  SUCH  PERSON
 OR  FOR DAMAGES FOR THE DEATH OF SUCH PERSON ALLEGED TO HAVE OCCURRED BY
 REASON OF AN ACT OR OMISSION IN THE RENDERING OF SUCH FIRST AID OR EMER-
 GENCY TREATMENT UNLESS IT IS ESTABLISHED THAT SUCH INJURIES WERE OR SUCH
 DEATH WAS CAUSED BY GROSS NEGLIGENCE ON THE PART OF SUCH DENTIST.  NOTH-
 S. 4007                            315                           A. 3007
 
 ING IN THIS SUBDIVISION SHALL  BE  DEEMED  OR  CONSTRUED  TO  RELIEVE  A
 LICENSED DENTIST FROM LIABILITY FOR DAMAGES FOR INJURIES OR DEATH CAUSED
 BY  AN  ACT OR OMISSION ON THE PART OF A DENTIST WHILE RENDERING PROFES-
 SIONAL SERVICES IN THE NORMAL AND ORDINARY COURSE OF PRACTICE.
   7.  ANY  DENTIST OR DENTAL HYGIENIST, WHO IN THE PERFORMANCE OF DENTAL
 SERVICES, X-RAYS THE MOUTH OR  TEETH  OF  A  PATIENT  SHALL  DURING  THE
 PERFORMANCE  OF  SUCH  X-RAYS  SHIELD THE TORSO AND THYROID AREA OF SUCH
 PATIENT INCLUDING BUT NOT LIMITED TO THE GONADS AND  OTHER  REPRODUCTIVE
 ORGANS  WITH  A  LEAD  APRON THYROID COLLAR, OR OTHER SIMILAR PROTECTIVE
 GARMENT OR DEVICE. NOTWITHSTANDING THE PROVISIONS OF  THIS  SUBDIVISION,
 IF  IN  THE  DENTIST'S PROFESSIONAL JUDGMENT THE USE OF A THYROID COLLAR
 WOULD BE INAPPROPRIATE UNDER THE CIRCUMSTANCES, BECAUSE OF THE NATURE OF
 THE PATIENT, THE TYPE OF  X-RAY  BEING  TAKEN,  OR  OTHER  FACTORS,  THE
 DENTIST OR DENTAL HYGIENIST NEED NOT SHIELD THE THYROID AREA.
   8.  AN  UNLICENSED PERSON MAY PROVIDE SUPPORTIVE SERVICES TO A DENTIST
 INCIDENTAL TO AND CONCURRENT WITH SUCH DENTIST PERSONALLY  PERFORMING  A
 SERVICE  OR PROCEDURE. NOTHING IN THIS SUBDIVISION SHALL BE CONSTRUED TO
 ALLOW AN UNLICENSED PERSON TO PROVIDE ANY SERVICE WHICH CONSTITUTES  THE
 PRACTICE OF DENTISTRY OR DENTAL HYGIENE AS DEFINED IN THIS TITLE.
   9.  THERE  SHALL BE NO MONETARY LIABILITY ON THE PART OF, AND NO CAUSE
 OF ACTION FOR DAMAGES SHALL  ARISE  AGAINST,  ANY  PERSON,  PARTNERSHIP,
 CORPORATION,  FIRM,  SOCIETY, OR OTHER ENTITY ON ACCOUNT OF THE COMMUNI-
 CATION OF INFORMATION IN THE POSSESSION OF SUCH PERSON OR ENTITY, OR  ON
 ACCOUNT  OF  ANY  RECOMMENDATION OR EVALUATION, REGARDING THE QUALIFICA-
 TIONS, FITNESS, OR PROFESSIONAL CONDUCT OR PRACTICES OF  A  DENTIST,  TO
 ANY  GOVERNMENTAL  AGENCY, DENTAL OR SPECIALISTS SOCIETY, OR HOSPITAL AS
 DEFINED IN ARTICLE TWENTY-EIGHT OF THIS CHAPTER.   THE  FOREGOING  SHALL
 NOT APPLY TO INFORMATION WHICH IS UNTRUE AND COMMUNICATED WITH MALICIOUS
 INTENT.
   10.  EACH DENTIST AND REGISTERED DENTAL HYGIENIST WORKING FOR A HOSPI-
 TAL AS DEFINED IN ARTICLE TWENTY-EIGHT OF THIS CHAPTER WHO PRACTICES  IN
 COLLABORATION WITH A LICENSED DENTIST SHALL BECOME CERTIFIED IN CARDIOP-
 ULMONARY  RESUSCITATION  (CPR)  FROM AN APPROVED PROVIDER AND THEREAFTER
 MAINTAIN CURRENT CERTIFICATION, WHICH SHALL BE INCLUDED IN THE MANDATORY
 HOURS OF CONTINUING EDUCATION ACCEPTABLE  FOR  DENTISTS  TO  THE  EXTENT
 PROVIDED  IN THE COMMISSIONER'S REGULATIONS. IN THE EVENT THE DENTIST OR
 REGISTERED DENTAL HYGIENIST CANNOT PHYSICALLY PERFORM CPR,  THE  COMMIS-
 SIONER'S  REGULATIONS  SHALL  ALLOW  THE  DENTIST  OR  REGISTERED DENTAL
 HYGIENIST TO MAKE ARRANGEMENTS FOR ANOTHER INDIVIDUAL IN THE  OFFICE  TO
 ADMINISTER  CPR.  ALL DENTAL FACILITIES SHALL HAVE AN AUTOMATIC EXTERNAL
 DEFIBRILLATOR OR OTHER DEFIBRILLATOR AT THE FACILITY.
   §  6612.  IDENTIFICATION  OF  REMOVABLE  FULL  OR  PARTIAL  PROSTHETIC
 DEVICES.  1.  EXCEPT  AS PROVIDED HEREIN, EVERY DENTIST LICENSED IN THIS
 STATE MAKING OR DIRECTING TO BE MADE  A  REMOVABLE  PROSTHETIC  DENTURE,
 BRIDGE, APPLIANCE OR OTHER STRUCTURE TO BE USED AND WORN AS A SUBSTITUTE
 FOR NATURAL TEETH, SHALL OFFER TO THE PATIENT FOR WHOM THE PROSTHESIS IS
 INTENDED  THE  OPPORTUNITY  TO  HAVE  SUCH  PROSTHESIS  MARKED  WITH THE
 PATIENT'S NAME OR INITIALS. SUCH MARKINGS SHALL BE ACCOMPLISHED  AT  THE
 TIME  THE  PROSTHESIS IS MADE AND THE LOCATION AND METHODS USED TO APPLY
 OR IMPLANT THEM SHALL BE DETERMINED BY THE DENTIST OR THE PERSON  ACTING
 ON  BEHALF  OF THE DENTIST. SUCH MARKING SHALL BE PERMANENT, LEGIBLE AND
 COSMETICALLY ACCEPTABLE.
   2. NOTWITHSTANDING THE FOREGOING, IF IN THE JUDGMENT OF THE DENTIST OR
 THE PERSON MAKING THE PROSTHESIS, SUCH IDENTIFICATION IS NOT PRACTICABLE
 OR CLINICALLY SAFE, THE IDENTIFICATION MARKS MAY BE OMITTED ENTIRELY.
 S. 4007                            316                           A. 3007
 
   3. THE COMMISSIONER SHALL ADOPT  RULES  AND  REGULATIONS  AND  PROVIDE
 STANDARDS NECESSARY TO CARRY OUT THE PROVISIONS OF THIS SECTION.
   §  6613.  NITROUS OXIDE EQUIPMENT. ANY MACHINE USED IN A DENTAL OFFICE
 FOR THE ADMINISTRATION OF NITROUS OXIDE TO A PATIENT SHALL  BE  EQUIPPED
 WITH A SCAVENGING SYSTEM THAT APPROPRIATELY MINIMIZES LEAKAGE OF NITROUS
 OXIDE.
 
                                  TITLE 8
                          LICENSED PERFUSIONISTS
 SECTION 6630. DEFINITIONS.
         6631. PRACTICE  OF  PERFUSION  AND USE OF TITLE "LICENSED PERFU-
                 SIONIST".
         6632. REQUIREMENTS FOR LICENSURE AS A PERFUSIONIST.
         6633. SPECIAL PROVISIONS.
         6634. STATE COMMITTEE FOR PERFUSION.
         6635. LIMITED PERMITS.
         6636. EXEMPT PERSONS.
   § 6630. DEFINITIONS. AS USED IN THIS TITLE: 1. THE TERM "PERFUSIONIST"
 MEANS A PERSON WHO IS LICENSED TO PRACTICE PERFUSION  PURSUANT  TO  THIS
 TITLE.
   2.  THE TERM "REGISTERED PROGRAM" MEANS A PROGRAM FOR THE EDUCATION OF
 PERFUSIONISTS WHICH HAS BEEN REGISTERED BY THE DEPARTMENT OR  DETERMINED
 BY THE DEPARTMENT TO BE THE SUBSTANTIAL EQUIVALENT.
   3.  A.  THE  TERM "PERFUSION" MEANS THE PROVISION OF EXTRACORPOREAL OR
 INTRACORPOREAL PATIENT CARE SERVICES TO SUPPORT OR REPLACE THE  CIRCULA-
 TORY  OR RESPIRATORY FUNCTION OF A PATIENT, INCLUDING THE ADMINISTRATION
 OF PHARMACOLOGICAL AND THERAPEUTIC AGENTS, AND BLOOD PRODUCTS,  AND  THE
 MANAGEMENT,  TREATMENT  AND  MONITORING OF THE PHYSIOLOGICAL STATUS OF A
 PATIENT DURING THE OPERATION OF EXTRACORPOREAL CIRCULATION EQUIPMENT  OR
 INTRACORPOREAL EQUIPMENT THAT REPLACES OR SUPPORT CIRCULATORY OR RESPIR-
 ATORY FUNCTIONS.
   B. ALL PERFUSION SERVICES SHALL BE PURSUANT TO THE ORDER AND DIRECTION
 OF A PHYSICIAN.  PERFUSION SERVICES MAY BE PERFORMED IN A GENERAL HOSPI-
 TAL  LICENSED PURSUANT TO ARTICLE TWENTY-EIGHT OF THIS CHAPTER OR DURING
 THE TRANSPORT OF PATIENTS  OR  ORGANS  SUPPORTED  BY  EXTRACORPOREAL  OR
 INTRACORPOREAL EQUIPMENT.
   4.  THE  TERM  "COMMITTEE"  MEANS  THE  STATE  COMMITTEE FOR PERFUSION
 CREATED BY SECTION SIXTY-SIX HUNDRED THIRTY-FOUR OF THIS TITLE.
   § 6631. PRACTICE OF PERFUSION AND USE OF  TITLE  "LICENSED  PERFUSION-
 IST".  ONLY  A PERSON LICENSED OR EXEMPT UNDER THIS TITLE SHALL PRACTICE
 PERFUSION. ONLY PERSONS LICENSED AS  PERFUSIONISTS  MAY  USE  THE  TITLE
 "LICENSED PERFUSIONIST".
   §  6632.  REQUIREMENTS FOR LICENSURE AS A PERFUSIONIST. TO QUALIFY FOR
 LICENSURE AS A "LICENSED PERFUSIONIST", AN APPLICANT SHALL  FULFILL  THE
 FOLLOWING REQUIREMENTS:
   1. APPLICATION: FILE AN APPLICATION WITH THE DEPARTMENT;
   2. EDUCATION:
   A.  HAS  SUCCESSFULLY  COMPLETED  A  BACCALAUREATE OR HIGHER DEGREE IN
 PERFUSION REGISTERED BY THE DEPARTMENT, OR THE SUBSTANTIAL EQUIVALENT AS
 DETERMINED BY THE DEPARTMENT; OR
   B. HAS COMPLETED A BACCALAUREATE OR HIGHER DEGREE AND A CREDIT BEARING
 CERTIFICATE PROGRAM IN PERFUSION ACCEPTABLE TO THE DEPARTMENT; OR
   C. UNTIL TWO  YEARS  FROM  THE  EFFECTIVE  DATE  OF  THIS  TITLE,  HAS
 COMPLETED  A  BACCALAUREATE  OR HIGHER DEGREE AND AN ACCREDITED TRAINING
 PROGRAM IN PERFUSION ACCEPTABLE TO  THE  DEPARTMENT  PURSUANT  TO  REGU-
 LATIONS.
 S. 4007                            317                           A. 3007
 
   3. EXAMINATION: HAS OBTAINED A PASSING SCORE ON AN EXAMINATION ACCEPT-
 ABLE TO THE DEPARTMENT;
   4.  AGE:  AT  THE  TIME OF APPLICATION IS AT LEAST TWENTY-ONE YEARS OF
 AGE;
   5. CHARACTER: BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE  DEPART-
 MENT; AND
   6.  FEE: PAY A FEE DETERMINED BY THE DEPARTMENT FOR AN INITIAL LICENSE
 AND FOR EACH TRIENNIAL REGISTRATION PERIOD.
   § 6633. SPECIAL PROVISIONS. AN INDIVIDUAL WHO MEETS  THE  REQUIREMENTS
 FOR A LICENSE AS A LICENSED PERFUSIONIST EXCEPT FOR EXAMINATION, EXPERI-
 ENCE  AND  EDUCATION  AND  WHO  MEETS  THE REQUIREMENTS ENUMERATED UNDER
 SUBDIVISIONS ONE OR TWO OF THIS SECTION MAY BE LICENSED WITHOUT  MEETING
 ADDITIONAL  REQUIREMENTS PROVIDED THAT SUCH INDIVIDUAL SUBMITS AN APPLI-
 CATION TO THE DEPARTMENT WITHIN TWO YEARS OF THE EFFECTIVE DATE OF  THIS
 SECTION.
   1. APPLICANTS MAY BE LICENSED IF THEY HAVE BEEN PRACTICING AS A PERFU-
 SIONIST  FOR  FIVE YEARS IN THE PAST TEN YEARS IN AN INPATIENT UNIT THAT
 PROVIDES CARDIAC SURGERY SERVICES IN A HOSPITAL APPROVED BY THE  DEPART-
 MENT  OR  A  SUBSTANTIALLY EQUIVALENT ACCREDITING BODY ACCEPTABLE TO THE
 COMMITTEE AND THE DEPARTMENT AT LEAST THREE OF SUCH YEARS OF  EXPERIENCE
 HAVING OCCURRED DURING THE PAST FIVE YEARS.
   2.  APPLICANTS WHO POSSESS CERTIFICATION FROM A NATIONAL CERTIFICATION
 ORGANIZATION ACCEPTABLE TO THE  COMMITTEE  AND  THE  DEPARTMENT  MAY  BE
 LICENSED  IF  THEY HAVE BEEN EMPLOYED AS A PERFUSIONIST FOR THREE OF THE
 PAST FIVE YEARS.
   § 6634. STATE COMMITTEE FOR PERFUSION. 1. A STATE COMMITTEE FOR PERFU-
 SION SHALL BE APPOINTED BY THE DEPARTMENT UPON THE RECOMMENDATION OF THE
 COMMISSIONER AS A COMMITTEE OF THE BOARD FOR MEDICINE TO  ADVISE  SOLELY
 IN  MATTERS  RELATING TO PERFUSION AND SHALL ASSIST ON MATTERS OF LICEN-
 SURE AND PROFESSIONAL CONDUCT.
   2. THE COMMITTEE SHALL CONSIST OF NO FEWER THAN EIGHT INDIVIDUALS,  TO
 BE COMPOSED OF A MINIMUM OF THE FOLLOWING:
   A. FOUR LICENSED PERFUSIONISTS;
   B. TWO LICENSED PHYSICIANS; AND
   C. TWO REPRESENTATIVES OF THE PUBLIC AT LARGE.
   §  6635.  LIMITED  PERMITS.  1. ELIGIBILITY. A PERSON WHO FULFILLS ALL
 REQUIREMENTS FOR LICENSURE AS A PERFUSIONIST EXCEPT THAT RELATING TO THE
 EXAMINATION SHALL BE ELIGIBLE FOR A LIMITED PERMIT.
   2. LIMIT OF PRACTICE. A PERMITTEE SHALL BE AUTHORIZED TO PRACTICE AS A
 PERFUSIONIST ONLY UNDER THE SUPERVISION OF A LICENSED  PERFUSIONIST  AND
 PURSUANT TO THE ORDER AND DIRECTION OF A PHYSICIAN.
   3.  DURATION.  A LIMITED PERMIT SHALL EXPIRE ONE YEAR FROM THE DATE OF
 ISSUANCE. A LIMITED PERMIT MAY BE EXTENDED FOR ONE ADDITIONAL  YEAR  FOR
 GOOD CAUSE AS DETERMINED BY THE DEPARTMENT.
   4.  FEES.  THE  FEE  FOR EACH LIMITED PERMIT SHALL BE ONE HUNDRED FIVE
 DOLLARS.
   § 6636. EXEMPT PERSONS. THIS TITLE SHALL NOT PROHIBIT:
   1. THE PRACTICE OF PERFUSION BY ANY STUDENT WHO IS ENGAGED IN CLINICAL
 TRAINING IN A GENERAL HOSPITAL LICENSED PURSUANT TO ARTICLE TWENTY-EIGHT
 OF THIS CHAPTER OR DURING THE TRANSPORT OF PATIENTS OR ORGANS  SUPPORTED
 BY  EXTRACORPOREAL  OR INTRACORPOREAL EQUIPMENT AND WHO IS ENROLLED IN A
 PERFUSION PROGRAM APPROVED BY THE DEPARTMENT, PROVIDED SUCH PRACTICE  IS
 LIMITED  TO  SUCH CLINICAL TRAINING WHICH SHALL BE CARRIED OUT UNDER THE
 DIRECT SUPERVISION OF A LICENSED PERFUSIONIST AND PURSUANT TO THE  ORDER
 AND DIRECTION OF A PHYSICIAN; OR
 S. 4007                            318                           A. 3007
 
   2. THE PERFORMANCE OF ANY OF THE TASKS OR RESPONSIBILITIES INCLUDED IN
 THE  DEFINITION  OF  PERFUSION  BY  ANY OTHER PERSON LICENSED UNDER THIS
 ARTICLE, PROVIDED THAT SUCH TASKS OR RESPONSIBILITIES ARE AUTHORIZED  BY
 THE  TITLE  GOVERNING  THE  PROFESSION  PURSUANT TO WHICH SAID PERSON IS
 LICENSED; OR
   3.  THE PRACTICE OF PERFUSION BY ANY LEGALLY QUALIFIED PERFUSIONIST OF
 ANY OTHER STATE OR TERRITORY WHO IS SERVING IN THE ARMED FORCES  OR  THE
 PUBLIC  HEALTH  SERVICE  OF  THE UNITED STATES OR WHO IS EMPLOYED BY THE
 VETERANS ADMINISTRATION, WHILE ENGAGED IN THE PERFORMANCE OF HIS OR  HER
 DUTIES.
 
                                  TITLE 9
            PHYSICAL THERAPY AND PHYSICAL THERAPIST ASSISTANTS
 SECTION 6730.   INTRODUCTION.
         6731.   DEFINITION OF PHYSICAL THERAPY.
         6732.   PRACTICE OF PHYSICAL THERAPY AND THE USE OF TITLE "PHYS-
                   ICAL THERAPIST".
         6733.   STATE BOARD FOR PHYSICAL THERAPY.
         6734.   REQUIREMENTS FOR A PROFESSIONAL LICENSE.
         6735.   LIMITED PERMITS; PHYSICAL THERAPIST.
         6736.   EXEMPT PERSONS.
         6737.   NON-LIABILITY  OF LICENSED PHYSICAL THERAPISTS FOR FIRST
                   AID OR EMERGENCY TREATMENT.
         6738.   DEFINITION OF PHYSICAL THERAPIST ASSISTANT.
         6739.   DUTIES OF PHYSICAL THERAPIST ASSISTANTS AND THE  USE  OF
                   TITLE "PHYSICAL THERAPIST ASSISTANT".
         6740.   REQUIREMENTS  FOR  CERTIFICATION AS A PHYSICAL THERAPIST
                   ASSISTANT.
         6741.   EXEMPTION.
         6741-A. LIMITED PERMITS; PHYSICAL THERAPIST ASSISTANT.
         6742.   SPECIAL PROVISIONS.
         6742-A. MANDATORY CONTINUING EDUCATION.
         6743.   VALIDITY OF EXISTING LICENSES.
   § 6730. INTRODUCTION. THIS TITLE APPLIES TO THE PROFESSION OF PHYSICAL
 THERAPY AND PROVIDES FOR THE LICENSING OF PHYSICAL  THERAPISTS  AND  FOR
 THE   CERTIFICATION   OF  PHYSICAL  THERAPIST  ASSISTANTS.  THE  GENERAL
 PROVISIONS FOR ALL PROFESSIONS CONTAINED IN TITLE ONE  OF  THIS  ARTICLE
 APPLY TO THIS TITLE.
   §  6731.  DEFINITION  OF PHYSICAL THERAPY. PHYSICAL THERAPY IS DEFINED
 AS:
   1. THE EVALUATION, TREATMENT  OR  PREVENTION  OF  DISABILITY,  INJURY,
 DISEASE,  OR  OTHER  CONDITION  OF  HEALTH USING PHYSICAL, CHEMICAL, AND
 MECHANICAL MEANS INCLUDING, BUT NOT LIMITED TO HEAT, COLD,  LIGHT,  AIR,
 WATER,  SOUND, ELECTRICITY, MASSAGE, MOBILIZATION, AND THERAPEUTIC EXER-
 CISE WITH OR WITHOUT ASSISTIVE DEVICES, AND THE PERFORMANCE  AND  INTER-
 PRETATION OF TESTS AND MEASUREMENTS TO ASSESS PATHOPHYSIOLOGICAL, PATHO-
 MECHANICAL,  AND  DEVELOPMENTAL  DEFICITS  OF HUMAN SYSTEMS TO DETERMINE
 TREATMENT, AND ASSIST IN DIAGNOSIS AND PROGNOSIS.
   2. THE USE OF ROENTGEN RAYS OR RADIUM, OR THE USE OF  ELECTRICITY  FOR
 SURGICAL  PURPOSES  SUCH  AS  CAUTERIZATION SHALL NOT BE INCLUDED IN THE
 PRACTICE OF PHYSICAL THERAPY.
   3. SUCH TREATMENT SHALL BE RENDERED PURSUANT TO A REFERRAL  WHICH  MAY
 BE  DIRECTIVE  AS  TO TREATMENT BY A LICENSED PHYSICIAN, DENTIST, PODIA-
 TRIST, NURSE PRACTITIONER OR LICENSED MIDWIFE, EACH ACTING WITHIN HIS OR
 HER LAWFUL SCOPE OF PRACTICE, AND IN ACCORDANCE  WITH  THEIR  DIAGNOSIS,
 EXCEPT AS PROVIDED IN SUBDIVISION FOUR OF THIS SECTION.
 S. 4007                            319                           A. 3007
 
   4. SUCH TREATMENT MAY BE RENDERED BY A LICENSED PHYSICAL THERAPIST FOR
 TEN VISITS OR THIRTY DAYS, WHICHEVER SHALL OCCUR FIRST, WITHOUT A REFER-
 RAL  FROM  A  PHYSICIAN,  DENTIST,  PODIATRIST,  NURSE  PRACTITIONER  OR
 LICENSED MIDWIFE PROVIDED THAT:
   A. THE LICENSED PHYSICAL THERAPIST HAS PRACTICED PHYSICAL THERAPY ON A
 FULL-TIME BASIS EQUIVALENT TO NOT LESS THAN THREE YEARS.
   B.  EACH  PHYSICAL  THERAPIST  LICENSED  PURSUANT  TO THIS TITLE SHALL
 PROVIDE WRITTEN NOTICE TO EACH  PATIENT  RECEIVING  TREATMENT  ABSENT  A
 REFERRAL  FROM  A  PHYSICIAN, DENTIST, PODIATRIST, NURSE PRACTITIONER OR
 LICENSED MIDWIFE THAT  PHYSICAL  THERAPY  MAY  NOT  BE  COVERED  BY  THE
 PATIENT'S  HEALTH  CARE PLAN OR INSURER WITHOUT SUCH A REFERRAL AND THAT
 SUCH TREATMENT MAY BE A COVERED EXPENSE IF RENDERED PURSUANT TO A REFER-
 RAL. THE PHYSICAL THERAPIST  SHALL  KEEP  ON  FILE  WITH  THE  PATIENT'S
 RECORDS  A  FORM ATTESTING TO THE PATIENT'S NOTICE OF SUCH ADVICE.  SUCH
 FORM SHALL BE IN DUPLICATE, WITH ONE COPY TO BE RETAINED BY THE PATIENT,
 SIGNED AND DATED BY BOTH THE PHYSICAL THERAPIST AND THE PATIENT IN  SUCH
 FORM  AS  PRESCRIBED  PURSUANT TO REGULATIONS PROMULGATED BY THE COMMIS-
 SIONER.
   § 6732. PRACTICE OF PHYSICAL THERAPY AND THE USE  OF  TITLE  "PHYSICAL
 THERAPIST".  ONLY  A  PERSON LICENSED OR OTHERWISE AUTHORIZED UNDER THIS
 TITLE SHALL PRACTICE PHYSICAL THERAPY OR USE THE TITLE "PHYSICAL  THERA-
 PIST",  "PHYSIOTHERAPIST"  OR  "MECHANOTHERAPIST" OR THE ABBREVIATION OF
 "P.T." IN CONNECTION WITH HIS OR HER NAME OR WITH ANY TRADE NAME IN  THE
 CONDUCT  OF  HIS  OR HER PROFESSION. ONLY A PERSON LICENSED OR OTHERWISE
 AUTHORIZED UNDER THIS TITLE TO PRACTICE PHYSICAL THERAPY,  AND  WHO  HAS
 OBTAINED  A  DOCTORATE  IN PHYSICAL THERAPY MAY USE THE TITLE "DOCTOR OF
 PHYSICAL THERAPY" OR ABBREVIATION "D.P.T." IN CONNECTION WITH HIS OR HER
 NAME OR WITH ANY TRADE NAME TO INDICATE OR  IMPLY  THAT  THE  PERSON  IS
 LICENSED OR OTHERWISE AUTHORIZED TO PRACTICE PHYSICAL THERAPY.
   §  6733.  STATE BOARD FOR PHYSICAL THERAPY. A STATE BOARD FOR PHYSICAL
 THERAPY SHALL BE APPOINTED BY THE DEPARTMENT ON  RECOMMENDATION  OF  THE
 COMMISSIONER  FOR  THE PURPOSE OF ASSISTING THE DEPARTMENT ON MATTERS OF
 PROFESSIONAL LICENSING  AND  PROFESSIONAL  CONDUCT  IN  ACCORDANCE  WITH
 SECTION  SIXTY-FIVE  HUNDRED  EIGHT  OF THIS ARTICLE. THE BOARD SHALL BE
 COMPOSED OF NOT LESS THAN EIGHT LICENSED  PHYSICAL  THERAPISTS  AND  NOT
 LESS THAN ONE PUBLIC REPRESENTATIVE. AN EXECUTIVE SECRETARY TO THE BOARD
 SHALL  BE  APPOINTED  BY THE DEPARTMENT ON RECOMMENDATION OF THE COMMIS-
 SIONER.
   § 6734. REQUIREMENTS FOR A PROFESSIONAL  LICENSE.  TO  QUALIFY  FOR  A
 LICENSE  AS A PHYSICAL THERAPIST, AN APPLICANT SHALL FULFILL THE FOLLOW-
 ING REQUIREMENTS:
   1. APPLICATION: FILE AN APPLICATION WITH THE DEPARTMENT;
   2. EDUCATION: HAVE RECEIVED AN EDUCATION, INCLUDING  COMPLETION  OF  A
 MASTER'S DEGREE OR HIGHER IN PHYSICAL THERAPY OR DETERMINED TO BE EQUIV-
 ALENT, IN ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS;
   3. EXPERIENCE: HAVE EXPERIENCE SATISFACTORY TO THE BOARD 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.  FEES: PAY A FEE OF ONE HUNDRED SEVENTY-FIVE DOLLARS TO THE DEPART-
 MENT FOR ADMISSION TO A DEPARTMENT  CONDUCTED  EXAMINATION  AND  FOR  AN
 INITIAL  LICENSE; A FEE OF EIGHTY-FIVE DOLLARS FOR EACH REEXAMINATION; A
 FEE OF ONE HUNDRED FIFTEEN DOLLARS FOR AN INITIAL  LICENSE  FOR  PERSONS
 S. 4007                            320                           A. 3007
 
 NOT REQUIRING ADMISSION TO A DEPARTMENT CONDUCTED EXAMINATION; AND A FEE
 OF  ONE HUNDRED FIFTY-FIVE DOLLARS FOR EACH TRIENNIAL REGISTRATION PERI-
 OD.
   §  6735. LIMITED PERMITS; PHYSICAL THERAPIST.  1. THE DEPARTMENT SHALL
 ISSUE A LIMITED PERMIT TO AN APPLICANT WHO MEETS  ALL  REQUIREMENTS  FOR
 ADMISSION TO THE LICENSING EXAMINATION.
   2.  ALL PRACTICE UNDER A LIMITED PERMIT SHALL BE UNDER THE SUPERVISION
 OF A LICENSED PHYSICAL THERAPIST IN A PUBLIC 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 PHYSICAL THERAPIST, OR IN THE CIVIL
 SERVICE OF THE STATE OR POLITICAL SUBDIVISION THEREOF.
   3. LIMITED PERMITS SHALL BE FOR SIX MONTHS AND THE DEPARTMENT MAY  FOR
 JUSTIFIABLE  CAUSE  RENEW  A  LIMITED  PERMIT PROVIDED THAT NO APPLICANT
 SHALL PRACTICE UNDER ANY LIMITED PERMIT FOR MORE THAN  A  TOTAL  OF  ONE
 YEAR.
   4.  SUPERVISION  OF A PERMITTEE BY A LICENSED PHYSICAL THERAPIST SHALL
 BE ON-SITE SUPERVISION AND NOT NECESSARILY DIRECT  PERSONAL  SUPERVISION
 EXCEPT  THAT  SUCH  SUPERVISION NEED NOT BE ON-SITE WHEN THE SUPERVISING
 PHYSICAL THERAPIST HAS DETERMINED, THROUGH EVALUATION,  THE  SETTING  OF
 GOALS AND THE ESTABLISHMENT OF A TREATMENT PLAN, THAT THE PROGRAM IS ONE
 OF  MAINTENANCE AS DEFINED PURSUANT TO TITLE XVIII OF THE FEDERAL SOCIAL
 SECURITY ACT.
   5. THE FEE FOR EACH LIMITED PERMIT  AND  FOR  EACH  RENEWAL  SHALL  BE
 SEVENTY DOLLARS.
   § 6736. EXEMPT PERSONS. 1. THIS TITLE SHALL NOT BE CONSTRUED TO AFFECT
 OR  PREVENT THE ADMINISTRATION OF PHYSICAL THERAPY OR THE USE OF MODALI-
 TIES BY A PERSON EMPLOYED BY A LICENSED PHYSICIAN OR PHYSICAL  THERAPIST
 IN  HIS OR HER OFFICE, OR IN THE CIVIL SERVICE OF THE STATE OR ANY POLI-
 TICAL SUBDIVISION THEREOF, OR IN A HOSPITAL OR CLINIC, OR IN  AN  INFIR-
 MARY  MAINTAINED  BY A PERSON, FIRM OR CORPORATION EMPLOYING ONE OR MORE
 FULL-TIME LICENSED PHYSICIANS OR PHYSICAL THERAPISTS, PROVIDED THAT SUCH
 PERSON WAS SO EMPLOYED FOR A PERIOD OF AT LEAST TWO YEARS PRIOR TO APRIL
 TENTH, NINETEEN HUNDRED FIFTY, AND HAS BEEN ISSUED  A  WRITTEN  AUTHORI-
 ZATION BY THE DEPARTMENT.
   2. THIS TITLE SHALL NOT BE CONSTRUED TO AFFECT OR PREVENT:
   A. A PHYSICAL THERAPY STUDENT FROM ENGAGING IN CLINICAL PRACTICE UNDER
 THE  SUPERVISION  OF  A LICENSED PHYSICAL THERAPIST AS PART OF A PROGRAM
 CONDUCTED IN AN APPROVED SCHOOL OF PHYSICAL THERAPY  OR  IN  A  CLINICAL
 FACILITY  OR  HEALTH  CARE AGENCY AFFILIATED WITH THE SCHOOL OF PHYSICAL
 THERAPY AND SUPERVISION OF A PHYSICAL  THERAPY  STUDENT  BY  A  LICENSED
 PHYSICAL  THERAPIST  SHALL  BE  ON-SITE  SUPERVISION AND NOT NECESSARILY
 DIRECT PERSONAL SUPERVISION;
   B. A PHYSICAL THERAPIST GRADUATE OF AN APPROVED PROGRAM FROM  ENGAGING
 IN  CLINICAL  PRACTICE  UNDER  THE  ON-SITE,  BUT NOT NECESSARILY DIRECT
 PERSONAL SUPERVISION OF A LICENSED PHYSICAL THERAPIST PROVIDED THE GRAD-
 UATE HAS: (I) APPLIED AND PAID A FEE FOR THE LICENSING AND  EXAMINATION,
 (II)  APPLIED  AND  PAID A FEE FOR THE TEMPORARY PERMIT.  THIS EXEMPTION
 SHALL NOT EXTEND BEYOND NINETY DAYS AFTER GRADUATION;
   C. A PHYSICAL THERAPIST LICENSED IN  ANOTHER  STATE  OR  COUNTRY  FROM
 CONDUCTING  A  TEACHING  CLINICAL  DEMONSTRATION  IN  CONNECTION  WITH A
 PROGRAM OF BASIC CLINICAL EDUCATION, GRADUATE EDUCATION, OR  POST-GRADU-
 ATE EDUCATION IN AN APPROVED SCHOOL OF PHYSICAL THERAPY OR IN ITS AFFIL-
 IATED  CLINICAL  FACILITY  OR  HEALTH  CARE AGENCY, OR BEFORE A GROUP OF
 LICENSED PHYSICAL THERAPISTS WHO ARE MEMBERS OF A PROFESSIONAL SOCIETY;
 S. 4007                            321                           A. 3007
 
   D. A PHYSICAL THERAPIST WHO IS SERVING IN  THE  ARMED  FORCES  OR  THE
 PUBLIC  HEALTH SERVICE OF THE UNITED STATES OR IS EMPLOYED BY THE VETER-
 ANS ADMINISTRATION FROM PRACTICING THE PROFESSION OF  PHYSICAL  THERAPY,
 PROVIDED SUCH PRACTICE IS LIMITED TO SUCH SERVICE OR EMPLOYMENT.
   § 6737. NON-LIABILITY OF LICENSED PHYSICAL THERAPISTS FOR FIRST AID OR
 EMERGENCY  TREATMENT.  NOTWITHSTANDING ANY INCONSISTENT PROVISION OF ANY
 GENERAL, SPECIAL OR LOCAL  LAW,  ANY  LICENSED  PHYSICAL  THERAPIST  WHO
 VOLUNTARILY AND WITHOUT THE EXPECTATION OF MONETARY COMPENSATION RENDERS
 FIRST  AID  OR  EMERGENCY TREATMENT AT THE SCENE OF AN ACCIDENT OR OTHER
 EMERGENCY, OUTSIDE A HOSPITAL, DOCTOR'S OFFICE OR ANY OTHER PLACE HAVING
 PROPER AND NECESSARY PHYSICAL THERAPY EQUIPMENT,  TO  A  PERSON  WHO  IS
 UNCONSCIOUS,  ILL  OR INJURED, SHALL NOT BE LIABLE FOR DAMAGES FOR INJU-
 RIES ALLEGED TO HAVE BEEN SUSTAINED BY SUCH PERSON OR  FOR  DAMAGES  FOR
 THE DEATH OF SUCH PERSON ALLEGED TO HAVE OCCURRED BY REASON OF AN ACT OR
 OMISSION  IN  THE  RENDERING  OF  SUCH  FIRST AID OR EMERGENCY TREATMENT
 UNLESS IT IS ESTABLISHED THAT SUCH  INJURIES  WERE  OR  SUCH  DEATH  WAS
 CAUSED BY GROSS NEGLIGENCE ON THE PART OF SUCH PHYSICAL THERAPIST. NOTH-
 ING  IN  THIS SECTION SHALL BE DEEMED OR CONSTRUED TO RELIEVE A LICENSED
 PHYSICAL THERAPIST FROM LIABILITY FOR  DAMAGES  FOR  INJURIES  OR  DEATH
 CAUSED  BY  AN ACT OR OMISSION ON THE PART OF A PHYSICAL THERAPIST WHILE
 RENDERING PROFESSIONAL SERVICES IN THE NORMAL AND ORDINARY COURSE OF HIS
 OR HER PRACTICE.
   § 6738. DEFINITION OF PHYSICAL THERAPIST  ASSISTANT.  1.  A  "PHYSICAL
 THERAPIST  ASSISTANT"  MEANS  A PERSON CERTIFIED IN ACCORDANCE WITH THIS
 TITLE WHO WORKS UNDER THE SUPERVISION OF A LICENSED  PHYSICAL  THERAPIST
 PERFORMING SUCH PATIENT RELATED ACTIVITIES AS ARE ASSIGNED BY THE SUPER-
 VISING PHYSICAL THERAPIST. DUTIES OF PHYSICAL THERAPIST ASSISTANTS SHALL
 NOT  INCLUDE  EVALUATION, TESTING, INTERPRETATION, PLANNING OR MODIFICA-
 TION OF PATIENT PROGRAMS.  SUPERVISION OF A PHYSICAL THERAPIST ASSISTANT
 BY A LICENSED PHYSICAL THERAPIST SHALL BE ON-SITE SUPERVISION,  BUT  NOT
 NECESSARILY  DIRECT  PERSONAL SUPERVISION. THE NUMBER OF PHYSICAL THERA-
 PIST ASSISTANTS SUPERVISED BY ONE LICENSED PHYSICAL THERAPIST SHALL  NOT
 EXCEED  THE  RATIO OF FOUR PHYSICAL THERAPIST ASSISTANTS TO ONE LICENSED
 PHYSICAL THERAPIST AS SHALL BE DETERMINED BY  THE  COMMISSIONER'S  REGU-
 LATIONS INSURING THAT THERE BE ADEQUATE SUPERVISION IN THE BEST INTEREST
 OF  PUBLIC  HEALTH  AND SAFETY. NOTHING IN THIS SECTION SHALL PROHIBIT A
 HOSPITAL FROM EMPLOYING PHYSICAL  THERAPIST  ASSISTANTS,  PROVIDED  THEY
 WORK  UNDER  THE  SUPERVISION  OF  PHYSICAL THERAPISTS DESIGNATED BY THE
 HOSPITAL AND NOT BEYOND THE SCOPE OF PRACTICE OF  A  PHYSICAL  THERAPIST
 ASSISTANT.  THE  NUMERICAL LIMITATION OF THIS SECTION SHALL NOT APPLY TO
 WORK PERFORMED IN A HOSPITAL, PROVIDED THAT  THERE  BE  ADEQUATE  SUPER-
 VISION IN THE BEST INTEREST OF PUBLIC HEALTH AND SAFETY.
   2.  NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION ONE OF THIS SECTION,
 SUPERVISION OF A PHYSICAL THERAPIST ASSISTANT  BY  A  LICENSED  PHYSICAL
 THERAPIST, A. IN A RESIDENTIAL HEALTH CARE FACILITY, AS DEFINED IN ARTI-
 CLE  TWENTY-EIGHT  OF  THIS  CHAPTER,  B.  IN A DIAGNOSTIC AND TREATMENT
 CENTER  LICENSED  UNDER  ARTICLE  TWENTY-EIGHT  OF  THIS  CHAPTER   THAT
 PROVIDES,  AS ITS PRINCIPAL MISSION, SERVICES TO INDIVIDUALS WITH DEVEL-
 OPMENTAL DISABILITIES, C.  IN A FACILITY, AS DEFINED IN SECTION 1.03  OF
 THE  MENTAL  HYGIENE  LAW, OR D. UNDER A MONITORED PROGRAM OF THE OFFICE
 FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES AS DEFINED IN SUBDIVISION (A)
 OF SECTION 13.15 OF THE MENTAL HYGIENE LAW, SHALL BE CONTINUOUS BUT  NOT
 NECESSARILY  ON  SITE WHEN THE SUPERVISING PHYSICAL THERAPIST HAS DETER-
 MINED, THROUGH EVALUATION, THE SETTING OF GOALS AND THE ESTABLISHMENT OF
 A TREATMENT PLAN, THAT THE PROGRAM IS  ONE  OF  MAINTENANCE  AS  DEFINED
 PURSUANT  TO  TITLE  XVIII  OF  THE  FEDERAL  SOCIAL  SECURITY  ACT. THE
 S. 4007                            322                           A. 3007
 
 PROVISIONS OF THIS SUBDIVISION SHALL NOT APPLY TO THE PROVISION OF PHYS-
 ICAL THERAPY SERVICES WHEN THE CONDITION REQUIRES  MULTIPLE  ADJUSTMENTS
 OF SEQUENCES AND PROCEDURES DUE TO RAPIDLY CHANGING PHYSIOLOGICAL STATUS
 AND/OR RESPONSE TO TREATMENT, OR TO CHILDREN UNDER FIVE YEARS OF AGE.
   3.  FOR  THE PURPOSES OF THE PROVISION OF PHYSICAL THERAPIST ASSISTANT
 SERVICES IN A HOME CARE SERVICES SETTING, AS SUCH SERVICES  ARE  DEFINED
 IN  ARTICLE  THIRTY-SIX  OF  THIS  CHAPTER,  EXCEPT  THAT  THE HOME CARE
 SERVICES SETTING  SHALL  NOT  INCLUDE  EARLY  INTERVENTION  SERVICES  AS
 DEFINED  IN  TITLE TWO-A OF ARTICLE TWENTY-FIVE OF THIS CHAPTER, WHETHER
 SUCH SERVICES ARE PROVIDED BY A HOME CARE SERVICES AGENCY OR  UNDER  THE
 SUPERVISION  OF  A  PHYSICAL  THERAPIST LICENSED PURSUANT TO THIS TITLE,
 CONTINUOUS SUPERVISION OF A PHYSICAL THERAPIST ASSISTANT,  WHO  HAS  HAD
 DIRECT CLINICAL EXPERIENCE FOR A PERIOD OF NOT LESS THAN TWO YEARS, BY A
 LICENSED  PHYSICAL  THERAPIST  SHALL  NOT  BE CONSTRUED AS REQUIRING THE
 PHYSICAL PRESENCE OF SUCH LICENSED PHYSICAL THERAPIST AT  THE  TIME  AND
 PLACE  WHERE  SUCH SERVICES ARE PERFORMED. FOR PURPOSES OF THIS SUBDIVI-
 SION "CONTINUOUS SUPERVISION" SHALL  BE  DEEMED  TO  INCLUDE:  A.    THE
 LICENSED  PHYSICAL  THERAPIST'S SETTING OF GOALS, ESTABLISHING A PLAN OF
 CARE AND DETERMINING WHETHER THE PATIENT IS APPROPRIATE TO  RECEIVE  THE
 SERVICES OF A PHYSICAL THERAPIST ASSISTANT SUBJECT TO THE LICENSED PHYS-
 ICAL  THERAPIST'S EVALUATION; B. AN INITIAL JOINT VISIT WITH THE PATIENT
 BY THE SUPERVISING LICENSED PHYSICAL THERAPIST AND THE  PHYSICAL  THERA-
 PIST  ASSISTANT; C.  PERIODIC TREATMENT AND EVALUATION OF THE PATIENT BY
 THE SUPERVISING LICENSED PHYSICAL THERAPIST, AS INDICATED IN THE PLAN OF
 CARE AND AS DETERMINED IN  ACCORDANCE  WITH  PATIENT  NEED,  BUT  IN  NO
 INSTANCE  SHALL  THE  INTERVAL  BETWEEN  SUCH TREATMENT EXCEED EVERY SIX
 PATIENT VISITS OR THIRTY DAYS, WHICHEVER OCCURS FIRST; AND  D.  A  FINAL
 EVALUATION  BY  THE SUPERVISING LICENSED PHYSICAL THERAPIST TO DETERMINE
 IF THE PLAN OF CARE SHALL BE TERMINATED. FOR PURPOSES OF  THIS  SUBDIVI-
 SION, THE NUMBER OF PHYSICAL THERAPIST ASSISTANTS SUPERVISED IN THE HOME
 CARE  SERVICES SETTING BY A LICENSED PHYSICAL THERAPIST SHALL NOT EXCEED
 THE RATIO OF TWO PHYSICAL THERAPIST ASSISTANTS TO ONE LICENSED  PHYSICAL
 THERAPIST.
   4.  A.  FOR  PURPOSES OF THE PROVISION OF PHYSICAL THERAPIST ASSISTANT
 SERVICES IN PUBLIC PRIMARY OR PRIVATE PRIMARY OR SECONDARY  SCHOOLS  AND
 FOR PRESCHOOL CHILDREN, AS THAT TERM IS DEFINED IN PARAGRAPH I OF SUBDI-
 VISION  ONE  OF SECTION FORTY-FOUR HUNDRED TEN OF THE EDUCATION LAW, AND
 RECEIVING SERVICES THEREUNDER,  CONTINUOUS  SUPERVISION  OF  A  PHYSICAL
 THERAPIST  ASSISTANT,  WHO  HAS DIRECT CLINICAL EXPERIENCE PROVIDING AGE
 APPROPRIATE PHYSICAL THERAPY SERVICES FOR A PERIOD OF NOT LESS THAN  TWO
 YEARS,  BY  A  LICENSED  PHYSICAL  THERAPIST  SHALL  NOT BE CONSTRUED AS
 REQUIRING THE PHYSICAL PRESENCE OF SUCH LICENSED PHYSICAL  THERAPIST  AT
 THE  TIME  AND  PLACE WHERE SUCH SERVICES ARE PERFORMED. FOR PURPOSES OF
 THIS SUBDIVISION "CONTINUOUS SUPERVISION" SHALL BE DEEMED TO INCLUDE:
   (I) THE LICENSED PHYSICAL THERAPIST'S SETTING OF THE GOALS, ESTABLISH-
 ING A PLAN OF CARE, DETERMINING ON AN INITIAL AND ONGOING BASIS  WHETHER
 THE  PATIENT IS APPROPRIATE TO RECEIVE THE SERVICES OF A PHYSICAL THERA-
 PIST ASSISTANT, DETERMINING THE  FREQUENCY  OF  JOINT  VISITS  WITH  THE
 PATIENT  BY  BOTH  THE  SUPERVISING  LICENSED PHYSICAL THERAPIST AND THE
 PHYSICAL THERAPIST ASSISTANT, EXCEPT  THAT  IN  NO  INSTANCE  SHALL  THE
 INTERVAL  BETWEEN JOINT VISITS, BE MORE THAN EVERY NINETY CALENDAR DAYS,
 SUBJECT TO THE LICENSED PHYSICAL THERAPIST'S EVALUATION;
   (II) AN INITIAL JOINT  VISIT  WITH  THE  PATIENT  BY  THE  SUPERVISING
 LICENSED PHYSICAL THERAPIST AND PHYSICAL THERAPIST ASSISTANT;
   (III)  PERIODIC  TREATMENT AND EVALUATION OF THE PATIENT BY THE SUPER-
 VISING LICENSED PHYSICAL THERAPIST AS INDICATED IN THE PLAN OF CARE  AND
 S. 4007                            323                           A. 3007
 
 AS  DETERMINED  IN  ACCORDANCE  WITH  PATIENT  NEED,  EXCEPT  THAT IN NO
 INSTANCE SHALL THE INTERVAL BETWEEN SUCH TREATMENT EXCEED EVERY  TWELFTH
 VISIT OR THIRTY DAYS, WHICHEVER OCCURS FIRST; AND
   (IV)  NOTIFICATION  OF  THE SUPERVISING LICENSED PHYSICAL THERAPIST BY
 THE PHYSICAL THERAPIST ASSISTANT WHENEVER THERE IS A CHANGE  IN  STATUS,
 CONDITION OR PERFORMANCE OF THE PATIENT.
   B. THIS SUBDIVISION SHALL NOT APPLY TO THE PROVISION OF PHYSICAL THER-
 APY  SERVICES  WHEN A CHILD'S CONDITION REQUIRES MULTIPLE ADJUSTMENTS OF
 SEQUENCES AND PROCEDURES DUE  TO  RAPIDLY  CHANGING  PHYSIOLOGIC  STATUS
 AND/OR RESPONSE TO TREATMENT.
   §  6739.  DUTIES OF PHYSICAL THERAPIST ASSISTANTS AND THE USE OF TITLE
 "PHYSICAL THERAPIST ASSISTANT". ONLY A  PERSON  CERTIFIED  OR  OTHERWISE
 AUTHORIZED  UNDER  THIS TITLE SHALL PARTICIPATE IN THE PRACTICE OF PHYS-
 ICAL THERAPY AS A PHYSICAL THERAPIST ASSISTANT AND ONLY A PERSON  CERTI-
 FIED  UNDER THIS SECTION SHALL USE THE TITLE "PHYSICAL THERAPIST ASSIST-
 ANT".
   § 6740. REQUIREMENTS FOR CERTIFICATION AS A PHYSICAL THERAPIST ASSIST-
 ANT. 1.  APPLICATION: FILE AN APPLICATION WITH THE DEPARTMENT;
   2. EDUCATION: HAVE RECEIVED AN EDUCATION  INCLUDING  COMPLETION  OF  A
 TWO-YEAR  COLLEGE  PROGRAM  IN A PHYSICAL THERAPIST ASSISTANT PROGRAM OR
 EQUIVALENT IN ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS;
   3. EXPERIENCE: HAVE EXPERIENCE SATISFACTORY TO  THE  STATE  BOARD  FOR
 PHYSICAL THERAPY 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 EIGHTEEN YEARS OF AGE;
   6. CHARACTER: BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE  DEPART-
 MENT;
   7.  REGISTRATION:  ALL  CERTIFIED  PHYSICAL THERAPIST ASSISTANTS SHALL
 REGISTER TRIENNIALLY WITH THE DEPARTMENT IN ACCORDANCE  WITH  THE  REGU-
 LATIONS OF THE COMMISSIONER; AND
   8.  FEES:  PAY A FEE FOR AN INITIAL CERTIFICATE OF FORTY-FIVE DOLLARS,
 AND FOR THE BIENNIAL REGISTRATION PERIOD ENDING  DECEMBER  THIRTY-FIRST,
 NINETEEN  HUNDRED  EIGHTY-TWO A FEE OF TWENTY DOLLARS AND A FEE OF FIFTY
 DOLLARS FOR EACH TRIENNIAL REGISTRATION PERIOD.
   § 6741. EXEMPTION. 1. THIS TITLE SHALL NOT BE CONSTRUED TO  AFFECT  OR
 PREVENT A PHYSICAL THERAPIST ASSISTANT STUDENT FROM ENGAGING IN CLINICAL
 ASSISTING UNDER THE SUPERVISION OF A LICENSED PHYSICAL THERAPIST AS PART
 OF  A  PROGRAM  CONDUCTED  IN AN APPROVED PROGRAM FOR PHYSICAL THERAPIST
 ASSISTANTS OR IN A CLINICAL FACILITY OR HEALTH  CARE  AGENCY  AFFILIATED
 WITH THE PROGRAM FOR PHYSICAL THERAPIST ASSISTANTS.
   2. SUPERVISION OF A PHYSICAL THERAPIST ASSISTANT STUDENT BY A LICENSED
 PHYSICAL  THERAPIST  SHALL  BE  ON-SITE  SUPERVISION AND NOT NECESSARILY
 DIRECT PERSONAL SUPERVISION.
   3. NOTHING IN THIS TITLE IS INTENDED TO  AFFECT  THE  OVERALL  MEDICAL
 DIRECTION BY A LICENSED PHYSICIAN OF A PHYSICAL THERAPIST ASSISTANT.
   §  6741-A.  LIMITED  PERMITS;  PHYSICAL  THERAPIST ASSISTANT.   1. THE
 DEPARTMENT SHALL ISSUE A LIMITED PERMIT TO AN APPLICANT  WHO  MEETS  ALL
 REQUIREMENTS FOR ADMISSION TO THE CERTIFICATION EXAMINATION.
   2.  ALL PRACTICE UNDER A LIMITED PERMIT SHALL BE UNDER THE SUPERVISION
 OF A LICENSED PHYSICAL THERAPIST IN A PUBLIC 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 PHYSICAL THERAPIST, OR IN THE CIVIL
 SERVICE OF THE STATE OR POLITICAL SUBDIVISION THEREOF.
 S. 4007                            324                           A. 3007
 
   3. LIMITED PERMITS SHALL BE FOR SIX MONTHS AND THE DEPARTMENT MAY  FOR
 JUSTIFIABLE  CAUSE  RENEW  A  LIMITED  PERMIT PROVIDED THAT NO APPLICANT
 SHALL PRACTICE UNDER ANY LIMITED PERMIT FOR MORE THAN  A  TOTAL  OF  ONE
 YEAR.
   4.  SUPERVISION  OF A PERMITTEE BY A LICENSED PHYSICAL THERAPIST SHALL
 BE ON-SITE SUPERVISION AND NOT NECESSARILY DIRECT PERSONAL SUPERVISION.
   5. THE FEE FOR EACH LIMITED PERMIT AND FOR EACH RENEWAL SHALL BE FIFTY
 DOLLARS.
   § 6742. SPECIAL PROVISIONS. 1. ANY PERSON WHO IS EMPLOYED AS  A  PHYS-
 ICAL  THERAPIST  ASSISTANT IN A FACILITY SATISFACTORY TO THE STATE BOARD
 FOR A PERIOD OF NOT LESS THAN TWO YEARS PRIOR TO THE EFFECTIVE  DATE  OF
 THIS  TITLE AND WHO DOES NOT QUALIFY FOR CERTIFICATION UNDER SUBDIVISION
 TWO OF SECTION SIXTY-SEVEN HUNDRED FORTY OF THIS TITLE MAY BE  CERTIFIED
 AS A PHYSICAL THERAPIST ASSISTANT UPON SUCCESSFUL COMPLETION OF AN EXAM-
 INATION  APPROVED  BY  THE STATE BOARD OF PHYSICAL THERAPY IN ACCORDANCE
 WITH THE COMMISSIONER'S REGULATIONS.
   2. APPLICATION FOR EXAMINATION  FOR  CERTIFICATION  PURSUANT  TO  THIS
 SECTION MUST BE SUBMITTED NOT LATER THAN JANUARY FIRST, NINETEEN HUNDRED
 EIGHTY-FIVE.    THE DEPARTMENT SHALL PROVIDE A TOTAL OF THREE SUCH EXAM-
 INATIONS. THE THIRD EXAMINATION SHALL BE  GIVEN  NOT  LATER  THAN  APRIL
 FIRST,  NINETEEN HUNDRED EIGHTY-FIVE. THE FEE FOR EXAMINATION OR REEXAM-
 INATION SHALL BE TWENTY-FIVE DOLLARS FOR EACH  EXAMINATION.  ANY  PERSON
 WHO  QUALIFIES  FOR ADMISSION TO AN EXAMINATION PURSUANT TO THIS SECTION
 MAY PRACTICE AS A PHYSICAL THERAPIST ASSISTANT IN THE COURSE OF  HIS  OR
 HER EMPLOYMENT IN A FACILITY SATISFACTORY TO THE STATE BOARD UNTIL THIR-
 TY  DAYS  AFTER  NOTIFICATION  OF  FAILURE  TO  QUALIFY PURSUANT TO THIS
 SECTION.
   3. ANY PERSON WHO WAS EMPLOYED AS A PHYSICAL THERAPIST  ASSISTANT  FOR
 AT  LEAST  TWO  YEARS PRIOR TO APRIL FIRST, NINETEEN HUNDRED EIGHTY-ONE,
 AND WHO HAD ATTAINED PERMANENT CIVIL SERVICE STATUS AS A PHYSICAL THERA-
 PIST ASSISTANT PRIOR TO THAT DATE, SHALL BE ISSUED WRITTEN AUTHORIZATION
 FROM THE DEPARTMENT TO CONTINUE WORKING IN THAT CAPACITY  WITHOUT  EXAM-
 INATION.  THIS  AUTHORIZATION  SHALL  REMAIN  IN EFFECT UNTIL THE PERSON
 LEAVES THE POSITION IN WHICH THE CIVIL SERVICE STATUS HAD BEEN GRANTED.
   § 6742-A. MANDATORY CONTINUING EDUCATION. 1. A. EACH LICENSED PHYSICAL
 THERAPIST AND CERTIFIED PHYSICAL THERAPIST ASSISTANT REQUIRED UNDER THIS
 TITLE TO REGISTER TRIENNIALLY WITH THE DEPARTMENT  TO  PRACTICE  IN  THE
 STATE  SHALL  COMPLY  WITH  THE  PROVISIONS  OF THE MANDATORY CONTINUING
 EDUCATION REQUIREMENTS PRESCRIBED IN SUBDIVISION  TWO  OF  THIS  SECTION
 EXCEPT AS SET FORTH IN PARAGRAPHS B AND C OF THIS SUBDIVISION.  LICENSED
 PHYSICAL  THERAPIST  AND  CERTIFIED PHYSICAL THERAPIST ASSISTANTS WHO DO
 NOT SATISFY THE MANDATORY CONTINUING EDUCATION  REQUIREMENTS  SHALL  NOT
 PRACTICE  UNTIL  THEY  HAVE  MET  SUCH  REQUIREMENTS, AND THEY HAVE BEEN
 ISSUED A REGISTRATION CERTIFICATE, EXCEPT THAT A LICENSED PHYSICAL THER-
 APIST OR CERTIFIED PHYSICAL THERAPIST  ASSISTANT  MAY  PRACTICE  WITHOUT
 HAVING MET SUCH REQUIREMENTS IF HE OR SHE IS ISSUED A CONDITIONAL REGIS-
 TRATION CERTIFICATE PURSUANT TO SUBDIVISION THREE OF THIS SECTION.
   B.  EACH  LICENSED PHYSICAL THERAPIST AND CERTIFIED PHYSICAL THERAPIST
 ASSISTANT SHALL  BE  EXEMPT  FROM  THE  MANDATORY  CONTINUING  EDUCATION
 REQUIREMENT  FOR THE TRIENNIAL REGISTRATION PERIOD DURING WHICH THEY ARE
 FIRST LICENSED. IN ACCORDANCE WITH THE INTENT OF THIS  SECTION,  ADJUST-
 MENT TO THE MANDATORY CONTINUING EDUCATION REQUIREMENT MAY BE GRANTED BY
 THE  DEPARTMENT FOR REASONS OF HEALTH CERTIFIED BY AN APPROPRIATE HEALTH
 CARE PROFESSIONAL, FOR EXTENDED ACTIVE DUTY WITH THE ARMED FORCES OF THE
 UNITED STATES, OR FOR OTHER GOOD  CAUSE  ACCEPTABLE  TO  THE  DEPARTMENT
 WHICH MAY PREVENT COMPLIANCE.
 S. 4007                            325                           A. 3007
 
   C.  A  LICENSED  PHYSICAL  THERAPIST  AND CERTIFIED PHYSICAL THERAPIST
 ASSISTANT NOT ENGAGED IN PRACTICE,  AS  DETERMINED  BY  THE  DEPARTMENT,
 SHALL BE EXEMPT FROM THE MANDATORY CONTINUING EDUCATION REQUIREMENT UPON
 THE FILING OF A STATEMENT WITH THE DEPARTMENT DECLARING SUCH STATUS. ANY
 LICENSEE  WHO  RETURNS  TO  THE  PRACTICE OF PHYSICAL THERAPY DURING THE
 TRIENNIAL REGISTRATION PERIOD SHALL NOTIFY THE DEPARTMENT PRIOR TO REEN-
 TERING THE PROFESSION AND SHALL MEET SUCH MANDATORY  EDUCATION  REQUIRE-
 MENTS AS SHALL BE PRESCRIBED BY REGULATIONS OF THE COMMISSIONER.
   2.  DURING  EACH TRIENNIAL REGISTRATION PERIOD AN APPLICANT FOR REGIS-
 TRATION AS A LICENSED PHYSICAL THERAPIST OR CERTIFIED PHYSICAL THERAPIST
 ASSISTANT SHALL COMPLETE A MINIMUM OF  THIRTY-SIX  HOURS  OF  ACCEPTABLE
 FORMAL  CONTINUING  EDUCATION,  AS SPECIFIED IN SUBDIVISION FOUR OF THIS
 SECTION. ANY LICENSED PHYSICAL THERAPIST OR CERTIFIED PHYSICAL THERAPIST
 ASSISTANT WHOSE FIRST REGISTRATION DATE FOLLOWING THE EFFECTIVE DATE  OF
 THIS  SECTION OCCURS LESS THAN THREE YEARS FROM SUCH EFFECTIVE DATE, BUT
 ON OR AFTER JANUARY FIRST, TWO THOUSAND TEN, SHALL  COMPLETE  CONTINUING
 EDUCATION  HOURS  ON  A  PRORATED BASIS AT THE RATE OF ONE-HALF HOUR PER
 MONTH FOR THE PERIOD BEGINNING JANUARY FIRST, TWO THOUSAND TEN UP TO 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 FOR IN SUBDIVISION THREE OF THIS SECTION.  CONTINUING EDUCATION
 HOURS TAKEN DURING ONE TRIENNIUM MAY NOT BE 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 COMPLETE 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
 SUBMIT EVIDENCE, SATISFACTORY TO THE DEPARTMENT, OF REQUIRED  CONTINUING
 EDUCATION  AND WHO PRACTICES WITHOUT SUCH REGISTRATION MAY BE SUBJECT TO
 DISCIPLINARY PROCEEDINGS PURSUANT TO SECTION SIXTY-FIVE HUNDRED  TEN  OF
 THIS ARTICLE.
   4.  AS  USED  IN  SUBDIVISION  TWO OF THIS SECTION, "ACCEPTABLE FORMAL
 EDUCATION" SHALL MEAN FORMAL COURSES OF  LEARNING  WHICH  CONTRIBUTE  TO
 PROFESSIONAL  PRACTICE  IN PHYSICAL THERAPY AND WHICH MEET THE STANDARDS
 PRESCRIBED BY REGULATIONS OF THE COMMISSIONER. SUCH  FORMAL  COURSES  OF
 LEARNING  SHALL  INCLUDE, BUT NOT BE LIMITED TO, COLLEGIATE LEVEL CREDIT
 AND NON-CREDIT COURSES, PROFESSIONAL DEVELOPMENT PROGRAMS AND  TECHNICAL
 SESSIONS  OFFERED BY NATIONAL, STATE AND LOCAL PROFESSIONAL ASSOCIATIONS
 AND OTHER ORGANIZATIONS ACCEPTABLE TO  THE  DEPARTMENT,  AND  ANY  OTHER
 ORGANIZED  EDUCATIONAL  AND TECHNICAL PROGRAMS ACCEPTABLE TO THE DEPART-
 MENT. 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 COURSES IN SPECIFIC SUBJECTS TO FULFILL THIS MANDA-
 TORY CONTINUING EDUCATION REQUIREMENT. COURSES  MUST  BE  TAKEN  FROM  A
 SPONSOR  APPROVED  BY THE DEPARTMENT, PURSUANT TO THE REGULATIONS OF THE
 COMMISSIONER.
   5. LICENSED PHYSICAL THERAPIST OR CERTIFIED PHYSICAL THERAPIST ASSIST-
 ANT SHALL MAINTAIN ADEQUATE DOCUMENTATION OF  COMPLETION  OF  ACCEPTABLE
 FORMAL  CONTINUING EDUCATION AND SHALL PROVIDE SUCH DOCUMENTATION AT THE
 S. 4007                            326                           A. 3007
 
 REQUEST OF THE DEPARTMENT. FAILURE TO PROVIDE  SUCH  DOCUMENTATION  UPON
 THE  REQUEST  OF THE DEPARTMENT SHALL BE AN ACT OF MISCONDUCT SUBJECT TO
 DISCIPLINARY PROCEEDINGS PURSUANT TO SECTION SIXTY-FIVE HUNDRED  TEN  OF
 THIS ARTICLE.
   6. THE MANDATORY CONTINUING EDUCATION FEE SHALL BE FORTY-FIVE DOLLARS,
 SHALL  BE PAYABLE ON OR BEFORE THE FIRST DAY OF EACH TRIENNIAL REGISTRA-
 TION PERIOD, AND SHALL BE PAID IN ADDITION TO THE TRIENNIAL REGISTRATION
 FEE REQUIRED BY SECTION SIXTY-SEVEN HUNDRED THIRTY-FOUR OF THIS TITLE.
   § 6743. VALIDITY  OF  EXISTING  LICENSES.  THIS  TITLE  SHALL  NOT  BE
 CONSTRUED TO AFFECT THE VALIDITY OF EXISTING LICENSES AND PERMITS OR THE
 CONTINUATION  OF  ANY  ADMINISTRATIVE  ACTIONS  OR PROCEEDINGS COMMENCED
 PRIOR TO THE EFFECTIVE DATE OF THIS TITLE.
 
                                 TITLE 10
                                 PHARMACY

 SECTION 6800.   INTRODUCTION.
         6801.   DEFINITION OF PRACTICE OF PHARMACY.
         6801-A. COLLABORATIVE  DRUG  THERAPY  MANAGEMENT   DEMONSTRATION
                   PROGRAM.
         6802.   DEFINITIONS.
         6803.   PRACTICE OF PHARMACY AND USE OF TITLE "PHARMACIST".
         6804.   STATE BOARD OF PHARMACY.
         6805.   REQUIREMENTS FOR A PROFESSIONAL LICENSE.
         6806.   LIMITED PERMITS.
         6807.   EXEMPT PERSONS; SPECIAL PROVISIONS.
         6808.   REGISTERING AND OPERATING ESTABLISHMENTS.
         6809.   IDENTIFICATION OF PHARMACISTS.
         6809-A. REGISTRATION OF NONRESIDENT ESTABLISHMENTS.
         6810.   PRESCRIPTIONS.
         6811.   MISDEMEANORS.
         6812.   SPECIAL PROVISIONS.
         6813.   SEIZURE.
         6814.   RECORDS OF SHIPMENT.
         6815.   ADULTERATING, MISBRANDING AND SUBSTITUTING.
         6816.   OMITTING TO LABEL DRUGS, OR LABELING THEM WRONGLY.
         6816-A. WHEN SUBSTITUTION IS REQUIRED.
         6819.   REGULATIONS MAKING EXCEPTIONS.
         6820.   CERTIFICATION  OF  COAL-TAR COLORS FOR DRUGS AND COSMET-
                   ICS.
         6821.   POISON SCHEDULES; REGISTER.
         6822.   EXAMINATIONS AND INVESTIGATIONS.
         6823.   FACTORY INSPECTION.
         6824.   INJUNCTION PROCEEDINGS.
         6825.   PROOF REQUIRED IN PROSECUTION FOR CERTAIN VIOLATIONS.
         6826.   DRUG RETAIL PRICE LISTS.
         6826-A. REDUCING CERTAIN COPAYMENTS.
         6827.   MANDATORY CONTINUING EDUCATION.
         6828.   CERTIFICATES OF ADMINISTRATION.
         6829.   INTERPRETATION   AND   TRANSLATION   REQUIREMENTS    FOR
                   PRESCRIPTION  DRUGS AND STANDARDIZED MEDICATION LABEL-
                   ING.
         6830.   STANDARDIZED PATIENT-CENTERED DATA ELEMENTS.
         6831.   SPECIAL PROVISIONS RELATING TO OUTSOURCING FACILITIES.
         6832.   LIMITATIONS ON ASSISTANCE OF AN UNLICENSED PERSON.
 S. 4007                            327                           A. 3007

   § 6800. INTRODUCTION. THIS TITLE APPLIES TO THE PROFESSION OF  PHARMA-
 CY. THE GENERAL PROVISIONS FOR ALL PROFESSIONS CONTAINED IN TITLE ONE OF
 THIS ARTICLE APPLY TO THIS TITLE.
   §  6801.  DEFINITION  OF  PRACTICE OF PHARMACY. 1. THE PRACTICE OF THE
 PROFESSION OF PHARMACY  IS  DEFINED  AS  THE  ADMINISTERING,  PREPARING,
 COMPOUNDING, PRESERVING, OR THE DISPENSING OF DRUGS, MEDICINES AND THER-
 APEUTIC  DEVICES ON THE BASIS OF PRESCRIPTIONS OR OTHER LEGAL AUTHORITY,
 AND  COLLABORATIVE  DRUG  THERAPY  MANAGEMENT  IN  ACCORDANCE  WITH  THE
 PROVISIONS OF SECTION SIXTY-EIGHT HUNDRED ONE-A OF THIS TITLE.
   2.  A  LICENSED  PHARMACIST MAY EXECUTE A NON-PATIENT SPECIFIC REGIMEN
 PRESCRIBED OR ORDERED BY A PHYSICIAN LICENSED IN  THIS  STATE  OR  NURSE
 PRACTITIONER  CERTIFIED IN THIS STATE, PURSUANT TO RULES AND REGULATIONS
 PROMULGATED BY THE COMMISSIONER.  WHEN A LICENSED PHARMACIST ADMINISTERS
 AN IMMUNIZING AGENT, HE OR SHE SHALL:
   A. REPORT SUCH ADMINISTRATION BY ELECTRONIC TRANSMISSION OR  FACSIMILE
 TO  THE  PATIENT'S ATTENDING PRIMARY HEALTH CARE PRACTITIONER OR PRACTI-
 TIONERS, IF ANY, AND, TO THE EXTENT PRACTICABLE, MAKE HIMSELF OR HERSELF
 AVAILABLE TO DISCUSS THE OUTCOME OF  SUCH  IMMUNIZATION,  INCLUDING  ANY
 ADVERSE  REACTIONS, WITH THE ATTENDING PRIMARY HEALTH CARE PRACTITIONER,
 AND TO THE STATEWIDE IMMUNIZATION REGISTRY OR THE CITYWIDE  IMMUNIZATION
 REGISTRY,  AS  ESTABLISHED  PURSUANT  TO  AND TO THE EXTENT PERMITTED BY
 SECTION TWENTY-ONE HUNDRED SIXTY-EIGHT OF THIS CHAPTER; AND
   B. PROVIDE INFORMATION TO THE PATIENT OR, WHERE APPLICABLE, THE PERSON
 LEGALLY RESPONSIBLE FOR THE PATIENT,  ON  THE  IMPORTANCE  OF  HAVING  A
 PRIMARY HEALTH CARE PRACTITIONER, DEVELOPED BY THE COMMISSIONER; AND
   C. REPORT SUCH ADMINISTRATION, ABSENT OF ANY INDIVIDUALLY IDENTIFIABLE
 HEALTH  INFORMATION,  TO  THE  DEPARTMENT  IN  A  MANNER REQUIRED BY THE
 COMMISSIONER; AND
   D. PRIOR TO ADMINISTERING THE IMMUNIZATION,  INFORM  THE  PATIENT  OR,
 WHERE APPLICABLE, THE PERSON LEGALLY RESPONSIBLE FOR THE PATIENT, OF THE
 TOTAL  COST OF THE IMMUNIZATION OR IMMUNIZATIONS, SUBTRACTING ANY HEALTH
 INSURANCE SUBSIDIZATION, IF APPLICABLE. IN THE CASE THE IMMUNIZATION  IS
 NOT  COVERED,  THE PHARMACIST MUST INFORM THE PATIENT OR, WHERE APPLICA-
 BLE, THE PERSON LEGALLY RESPONSIBLE FOR THE PATIENT, OF THE  POSSIBILITY
 THAT THE IMMUNIZATION MAY BE COVERED WHEN ADMINISTERED BY A PRIMARY CARE
 PHYSICIAN OR PRACTITIONER; AND
   E.  ADMINISTER THE IMMUNIZATION OR IMMUNIZATIONS ACCORDING TO THE MOST
 CURRENT RECOMMENDATIONS BY THE ADVISORY COMMITTEE FOR IMMUNIZATION PRAC-
 TICES (ACIP), PROVIDED HOWEVER, THAT A  PHARMACIST  MAY  ADMINISTER  ANY
 IMMUNIZATION  AUTHORIZED  UNDER THIS SECTION WHEN SPECIFIED BY A PATIENT
 SPECIFIC ORDER.
   3. NO PHARMACIST SHALL ADMINISTER IMMUNIZING AGENTS WITHOUT  RECEIVING
 TRAINING  SATISFACTORY  TO THE COMMISSIONER WHICH SHALL INCLUDE, BUT NOT
 BE LIMITED  TO,  TECHNIQUES  FOR  SCREENING  INDIVIDUALS  AND  OBTAINING
 INFORMED CONSENT; TECHNIQUES OF ADMINISTRATION; INDICATIONS, PRECAUTIONS
 AND  CONTRAINDICATIONS  IN THE USE OF AGENT OR AGENTS; RECORD KEEPING OF
 IMMUNIZATION  AND  INFORMATION;  AND  HANDLING  EMERGENCIES,   INCLUDING
 ANAPHYLAXIS AND NEEDLESTICKS.
   4.  WHEN  ADMINISTERING  AN  IMMUNIZATION  IN A PHARMACY, THE LICENSED
 PHARMACIST SHALL PROVIDE AN AREA FOR THE IMMUNIZATION THAT PROVIDES  FOR
 A PATIENT'S PRIVACY. THE PRIVACY AREA SHOULD INCLUDE:
   A.  A  CLEARLY  VISIBLE POSTING OF THE MOST CURRENT "RECOMMENDED ADULT
 IMMUNIZATION SCHEDULE" PUBLISHED BY THE ADVISORY COMMITTEE FOR IMMUNIZA-
 TION PRACTICES (ACIP); AND
   B. EDUCATION MATERIALS  ON  INFLUENZA  VACCINATIONS  FOR  CHILDREN  AS
 DETERMINED BY THE COMMISSIONER.
 S. 4007                            328                           A. 3007
 
   5. A LICENSED PHARMACIST MAY EXECUTE A NON-PATIENT SPECIFIC ORDER, FOR
 DISPENSING  UP  TO A SEVEN-DAY STARTER PACK OF HIV POST-EXPOSURE PROPHY-
 LAXIS MEDICATIONS FOR THE PURPOSE OF PREVENTING  HUMAN  IMMUNODEFICIENCY
 VIRUS  INFECTION, BY A PHYSICIAN LICENSED IN THIS STATE OR NURSE PRACTI-
 TIONER  CERTIFIED  IN  THIS  STATE,  PURSUANT  TO  RULES AND REGULATIONS
 PROMULGATED BY THE COMMISSIONER FOLLOWING A POTENTIAL HUMAN  IMMUNODEFI-
 CIENCY VIRUS EXPOSURE.
   6. A LICENSED PHARMACIST MAY EXECUTE A NON-PATIENT-SPECIFIC REGIMEN OF
 INSULIN   AND  RELATED  SUPPLIES  TO  AN  INDIVIDUAL  WHO  HAS  A  VALID
 PRESCRIPTION FOR INSULIN AND RELATED SUPPLIES WHICH  HAS  SINCE  EXPIRED
 WITHIN  THE  LAST  TWELVE  MONTHS. THE VALID PRESCRIPTION MUST HAVE BEEN
 PRESCRIBED OR ORDERED BY A PHYSICIAN LICENSED IN  THIS  STATE  OR  NURSE
 PRACTITIONER CERTIFIED IN THIS STATE. EXECUTION OF A NON-PATIENT-SPECIF-
 IC REGIMEN SHALL BE ON AN EMERGENCY BASIS PROVIDED THE PHARMACIST:
   A.  FIRST  ATTEMPTS  TO OBTAIN AN AUTHORIZATION FROM THE PRESCRIBER OF
 THE PATIENT-SPECIFIC PRESCRIPTION AND CANNOT OBTAIN  THE  AUTHORIZATION,
 AND  THE  PRESCRIBER  DOES NOT OBJECT TO DISPENSING TO THE PATIENT UNDER
 THE NON-PATIENT-SPECIFIC REGIMEN;
   B. PROVIDES A REFILL OF  THE  PATIENT-SPECIFIC  PRESCRIPTION  AND  THE
 QUANTITY  OF  THAT  REFILL  IS IN CONFORMITY WITH THE DIRECTIONS FOR USE
 UNDER THE PATIENT-SPECIFIC PRESCRIPTION, BUT LIMITED TO AN AMOUNT NOT TO
 EXCEED A THIRTY-DAY EMERGENCY SUPPLY; AND
   C. NOTIFIES, WITHIN SEVENTY-TWO HOURS  OF  DISPENSING  THE  REFILL  OR
 REFILLS,  THE  PRESCRIBER  OF  THE  PATIENT-SPECIFIC  PRESCRIPTION WHOSE
 AUTHORIZATION COULD NOT BE OBTAINED, THAT AN EMERGENCY  PRESCRIPTION  OF
 INSULIN HAS BEEN DISPENSED.
   § 6801-A. COLLABORATIVE DRUG THERAPY MANAGEMENT DEMONSTRATION PROGRAM.
 1. AS USED IN THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING
 MEANINGS:
   A.  "BOARD"  SHALL  MEAN THE STATE BOARD OF PHARMACY AS ESTABLISHED BY
 SECTION SIXTY-EIGHT HUNDRED FOUR OF THIS TITLE.
   B. "CLINICAL SERVICES" SHALL MEAN THE COLLECTION AND INTERPRETATION OF
 PATIENT DATA FOR THE PURPOSE OF  INITIATING,  MODIFYING  AND  MONITORING
 DRUG  THERAPY  WITH  ASSOCIATED  ACCOUNTABILITY  AND  RESPONSIBILITY FOR
 OUTCOMES IN A DIRECT PATIENT CARE SETTING.
   C. "COLLABORATIVE DRUG THERAPY MANAGEMENT" SHALL MEAN THE  PERFORMANCE
 OF  CLINICAL SERVICES BY A PHARMACIST RELATING TO THE REVIEW, EVALUATION
 AND MANAGEMENT OF DRUG THERAPY TO A PATIENT, WHO IS BEING TREATED  BY  A
 PHYSICIAN  FOR  A  SPECIFIC  DISEASE  OR  ASSOCIATED  DISEASE STATES, IN
 ACCORDANCE WITH A WRITTEN  AGREEMENT  OR  PROTOCOL  WITH  A  VOLUNTARILY
 PARTICIPATING PHYSICIAN AND IN ACCORDANCE WITH THE POLICIES, PROCEDURES,
 AND  PROTOCOLS  OF  THE  FACILITY. SUCH AGREEMENT OR PROTOCOL AS ENTERED
 INTO BY THE PHYSICIAN AND A PHARMACIST, MAY INCLUDE, AND SHALL BE LIMIT-
 ED TO:
   (I) ADJUSTING OR MANAGING A DRUG REGIMEN OF A PATIENT, PURSUANT  TO  A
 PATIENT  SPECIFIC  ORDER  OR  PROTOCOL  MADE BY THE PATIENT'S PHYSICIAN,
 WHICH MAY INCLUDE ADJUSTING DRUG STRENGTH, FREQUENCY  OF  ADMINISTRATION
 OR  ROUTE  OF  ADMINISTRATION.    ADJUSTING  THE  DRUG REGIMEN SHALL NOT
 INCLUDE SUBSTITUTING OR SELECTING A DIFFERENT DRUG  WHICH  DIFFERS  FROM
 THAT INITIALLY PRESCRIBED BY THE PATIENT'S PHYSICIAN UNLESS SUCH SUBSTI-
 TUTION  IS  EXPRESSLY  AUTHORIZED  IN THE WRITTEN ORDER OR PROTOCOL. THE
 PHARMACIST SHALL BE REQUIRED TO  IMMEDIATELY  DOCUMENT  IN  THE  PATIENT
 RECORD  CHANGES  MADE  TO  THE  PATIENT'S DRUG THERAPY AND SHALL USE ANY
 REASONABLE MEANS OR METHOD ESTABLISHED BY THE  FACILITY  TO  NOTIFY  THE
 PATIENT'S  OTHER TREATING PHYSICIANS WITH WHOM HE OR SHE DOES NOT HAVE A
 WRITTEN AGREEMENT OR PROTOCOL  REGARDING  SUCH  CHANGES.  THE  PATIENT'S
 S. 4007                            329                           A. 3007
 
 PHYSICIAN MAY PROHIBIT, BY WRITTEN INSTRUCTION, ANY ADJUSTMENT OR CHANGE
 IN THE PATIENT'S DRUG REGIMEN BY THE PHARMACIST;
   (II)  EVALUATING  AND, ONLY IF SPECIFICALLY AUTHORIZED BY THE PROTOCOL
 AND ONLY TO THE EXTENT NECESSARY TO DISCHARGE THE  RESPONSIBILITIES  SET
 FORTH  IN  THIS SECTION, ORDERING DISEASE STATE LABORATORY TESTS RELATED
 TO THE DRUG THERAPY MANAGEMENT FOR THE SPECIFIC DISEASE OR DISEASE STATE
 SPECIFIED WITHIN THE WRITTEN AGREEMENT OR PROTOCOL; AND
   (III) ONLY IF SPECIFICALLY AUTHORIZED  BY  THE  WRITTEN  AGREEMENT  OR
 PROTOCOL  AND ONLY TO THE EXTENT NECESSARY TO DISCHARGE THE RESPONSIBIL-
 ITIES SET FORTH IN THIS SECTION, ORDERING OR PERFORMING ROUTINE  PATIENT
 MONITORING FUNCTIONS AS MAY BE NECESSARY IN THE DRUG THERAPY MANAGEMENT,
 INCLUDING  THE COLLECTING AND REVIEWING OF PATIENT HISTORIES, AND ORDER-
 ING OR CHECKING PATIENT VITAL SIGNS, INCLUDING PULSE, TEMPERATURE, BLOOD
 PRESSURE AND RESPIRATION.
   D. "FACILITY" SHALL MEAN: (I) A TEACHING HOSPITAL OR GENERAL HOSPITAL,
 INCLUDING ANY DIAGNOSTIC CENTER,  TREATMENT  CENTER,  OR  HOSPITAL-BASED
 OUTPATIENT  DEPARTMENT AS DEFINED IN SECTION TWENTY-EIGHT HUNDRED ONE OF
 THIS CHAPTER; OR (II) A NURSING HOME WITH AN ON-SITE PHARMACY STAFFED BY
 A LICENSED PHARMACIST; PROVIDED,  HOWEVER,  FOR  THE  PURPOSES  OF  THIS
 SECTION  THE  TERM  "FACILITY"  SHALL NOT INCLUDE DENTAL CLINICS, DENTAL
 DISPENSARIES, RESIDENTIAL  HEALTH  CARE  FACILITIES  AND  REHABILITATION
 CENTERS.  FOR  THE PURPOSES OF THIS SECTION, A "TEACHING HOSPITAL" SHALL
 MEAN A HOSPITAL LICENSED PURSUANT TO ARTICLE TWENTY-EIGHT OF THIS  CHAP-
 TER  THAT  IS  ELIGIBLE  TO  RECEIVE DIRECT OR INDIRECT GRADUATE MEDICAL
 EDUCATION PAYMENTS PURSUANT TO ARTICLE TWENTY-EIGHT OF THIS CHAPTER.
   E. "PHYSICIAN" SHALL MEAN THE PHYSICIAN SELECTED BY OR ASSIGNED  TO  A
 PATIENT,  WHO  HAS  PRIMARY RESPONSIBILITY FOR THE TREATMENT AND CARE OF
 THE PATIENT FOR THE DISEASE AND ASSOCIATED DISEASE STATES THAT  ARE  THE
 SUBJECT OF THE COLLABORATIVE DRUG THERAPY MANAGEMENT.
   F.  "WRITTEN  AGREEMENT  OR  PROTOCOL"  SHALL MEAN A WRITTEN DOCUMENT,
 PURSUANT TO AND CONSISTENT WITH ANY APPLICABLE STATE OR FEDERAL REQUIRE-
 MENTS, THAT ADDRESSES A SPECIFIC DISEASE OR  ASSOCIATED  DISEASE  STATES
 AND  THAT  DESCRIBES  THE NATURE AND SCOPE OF COLLABORATIVE DRUG THERAPY
 MANAGEMENT TO BE UNDERTAKEN BY THE PHARMACISTS,  IN  COLLABORATION  WITH
 THE  PARTICIPATING  PHYSICIAN  IN ACCORDANCE WITH THE PROVISIONS OF THIS
 SECTION.
   2. A. A PHARMACIST WHO MEETS THE EXPERIENCE REQUIREMENTS OF  PARAGRAPH
 B  OF  THIS  SUBDIVISION  AND WHO IS EMPLOYED BY OR OTHERWISE AFFILIATED
 WITH A FACILITY SHALL BE PERMITTED TO ENTER INTO A WRITTEN AGREEMENT  OR
 PROTOCOL WITH A PHYSICIAN AUTHORIZING COLLABORATIVE DRUG THERAPY MANAGE-
 MENT,  SUBJECT  TO THE LIMITATIONS SET FORTH IN THIS SECTION, WITHIN THE
 SCOPE OF SUCH EMPLOYMENT OR AFFILIATION.
   B. A PARTICIPATING PHARMACIST MUST:
   (I) (A) HAVE BEEN AWARDED EITHER A MASTER OF SCIENCE IN CLINICAL PHAR-
 MACY OR A DOCTOR OF PHARMACY DEGREE;
   (B) MAINTAIN A CURRENT UNRESTRICTED LICENSE; AND
   (C) HAVE A MINIMUM OF TWO YEARS EXPERIENCE, OF WHICH AT LEAST ONE YEAR
 OF SUCH EXPERIENCE SHALL INCLUDE CLINICAL EXPERIENCE IN A HEALTH FACILI-
 TY, WHICH INVOLVES CONSULTATION WITH PHYSICIANS  WITH  RESPECT  TO  DRUG
 THERAPY AND MAY INCLUDE A RESIDENCY AT A FACILITY INVOLVING SUCH CONSUL-
 TATION; OR
   (II) (A) HAVE BEEN AWARDED A BACHELOR OF SCIENCE IN PHARMACY;
   (B) MAINTAIN A CURRENT UNRESTRICTED LICENSE; AND
   (C) WITHIN THE LAST SEVEN YEARS, HAVE A MINIMUM OF THREE YEARS EXPERI-
 ENCE,  OF WHICH AT LEAST ONE YEAR OF SUCH EXPERIENCE SHALL INCLUDE CLIN-
 ICAL EXPERIENCE IN A HEALTH FACILITY, WHICH INVOLVES  CONSULTATION  WITH
 S. 4007                            330                           A. 3007
 
 PHYSICIANS WITH RESPECT TO DRUG THERAPY AND MAY INCLUDE A RESIDENCY AT A
 FACILITY INVOLVING SUCH CONSULTATION; AND
   (III) MEET ANY ADDITIONAL EDUCATION, EXPERIENCE, OR OTHER REQUIREMENTS
 SET FORTH BY THE DEPARTMENT IN CONSULTATION WITH THE BOARD.
   C. NOTWITHSTANDING ANY PROVISION OF LAW, NOTHING IN THIS SECTION SHALL
 PROHIBIT  A LICENSED PHARMACIST FROM ENGAGING IN CLINICAL SERVICES ASSO-
 CIATED WITH COLLABORATIVE DRUG THERAPY  MANAGEMENT,  IN  ORDER  TO  GAIN
 EXPERIENCE  NECESSARY TO QUALIFY UNDER CLAUSE (C) OF SUBPARAGRAPH (I) OR
 (II) OF PARAGRAPH B OF THIS SUBDIVISION, PROVIDED THAT SUCH PRACTICE  IS
 UNDER  THE  SUPERVISION  OF A PHARMACIST THAT CURRENTLY MEETS THE REFER-
 ENCED REQUIREMENT, AND THAT SUCH PRACTICE IS AUTHORIZED UNDER THE  WRIT-
 TEN AGREEMENT OR PROTOCOL WITH THE PHYSICIAN.
   D. NOTWITHSTANDING ANY PROVISION OF THIS SECTION, NOTHING HEREIN SHALL
 AUTHORIZE THE PHARMACIST TO DIAGNOSE DISEASE. IN THE EVENT THAT A TREAT-
 ING PHYSICIAN MAY DISAGREE WITH THE EXERCISE OF PROFESSIONAL JUDGMENT BY
 A PHARMACIST, THE JUDGMENT OF THE TREATING PHYSICIAN SHALL PREVAIL.
   3.  THE  PHYSICIAN  WHO  IS A PARTY TO A WRITTEN AGREEMENT OR PROTOCOL
 AUTHORIZING COLLABORATIVE DRUG THERAPY MANAGEMENT SHALL BE  EMPLOYED  BY
 OR OTHERWISE AFFILIATED WITH THE SAME FACILITY WITH WHICH THE PHARMACIST
 IS ALSO EMPLOYED OR AFFILIATED.
   4.  THE  EXISTENCE OF A WRITTEN AGREEMENT OR PROTOCOL ON COLLABORATIVE
 DRUG THERAPY MANAGEMENT AND THE PATIENT'S RIGHT TO CHOOSE TO NOT PARTIC-
 IPATE IN COLLABORATIVE DRUG THERAPY MANAGEMENT SHALL BE DISCLOSED TO ANY
 PATIENT WHO IS ELIGIBLE TO RECEIVE COLLABORATIVE  DRUG  THERAPY  MANAGE-
 MENT. COLLABORATIVE DRUG THERAPY MANAGEMENT SHALL NOT BE UTILIZED UNLESS
 THE  PATIENT  OR  THE  PATIENT'S  AUTHORIZED REPRESENTATIVE CONSENTS, IN
 WRITING, TO SUCH MANAGEMENT. IF THE PATIENT OR THE PATIENT'S  AUTHORIZED
 REPRESENTATIVE  CONSENTS,  IT  SHALL  BE  NOTED ON THE PATIENT'S MEDICAL
 RECORD. IF THE PATIENT OR THE PATIENT'S  AUTHORIZED  REPRESENTATIVE  WHO
 CONSENTED  TO COLLABORATIVE DRUG THERAPY MANAGEMENT CHOOSES TO NO LONGER
 PARTICIPATE IN SUCH MANAGEMENT, AT ANY TIME, IT SHALL BE  NOTED  ON  THE
 PATIENT'S  MEDICAL  RECORD.  IN  ADDITION,  THE EXISTENCE OF THE WRITTEN
 AGREEMENT OR PROTOCOL AND THE PATIENT'S CONSENT TO SUCH MANAGEMENT SHALL
 BE DISCLOSED TO THE PATIENT'S PRIMARY PHYSICIAN AND ANY  OTHER  TREATING
 PHYSICIAN OR HEALTHCARE PROVIDER.
   5. PARTICIPATION IN A WRITTEN AGREEMENT OR PROTOCOL AUTHORIZING COLLA-
 BORATIVE  DRUG  THERAPY  MANAGEMENT  SHALL BE VOLUNTARY, AND NO PATIENT,
 PHYSICIAN, PHARMACIST, OR FACILITY SHALL BE REQUIRED TO PARTICIPATE.
   6. NOTHING IN THIS SECTION SHALL BE DEEMED TO LIMIT THE SCOPE OF PRAC-
 TICE OF PHARMACY NOR BE DEEMED TO LIMIT THE AUTHORITY OF PHARMACISTS AND
 PHYSICIANS TO ENGAGE IN MEDICATION MANAGEMENT  PRIOR  TO  THE  EFFECTIVE
 DATE OF THIS SECTION AND TO THE EXTENT AUTHORIZED BY LAW.
   §  6802.  DEFINITIONS.  1.  "PHARMACY" MEANS ANY PLACE IN WHICH DRUGS,
 PRESCRIPTIONS OR POISONS ARE POSSESSED FOR THE PURPOSE  OF  COMPOUNDING,
 PRESERVING, DISPENSING OR RETAILING, OR IN WHICH DRUGS, PRESCRIPTIONS OR
 POISONS  ARE  COMPOUNDED,  PRESERVED, DISPENSED OR RETAILED, OR IN WHICH
 SUCH DRUGS, PRESCRIPTIONS OR POISONS ARE  BY  ADVERTISING  OR  OTHERWISE
 OFFERED FOR SALE AT RETAIL.
   3.  "FORMULARY"  MEANS  THE  LATEST  EDITION  OF THE OFFICIAL NATIONAL
 FORMULARY, AND ITS SUPPLEMENT.
   4. "PHARMACOPEIA",  WHEN  NOT  OTHERWISE  LIMITED,  MEANS  THE  LATEST
 EDITION OF THE OFFICIAL UNITED STATES PHARMACOPEIA, AND ITS SUPPLEMENT.
   5.  "HOMEOPATHIC  PHARMACOPEIA" MEANS THE OFFICIAL HOMEOPATHIC PHARMA-
 COPEIA OF THE UNITED STATES, AND ITS SUPPLEMENT.
 S. 4007                            331                           A. 3007

   6. "OFFICIAL COMPENDIUM" MEANS THE OFFICIAL UNITED  STATES  PHARMACOP-
 EIA,  OFFICIAL  HOMEOPATHIC  PHARMACOPEIA OF THE UNITED STATES, OFFICIAL
 NATIONAL FORMULARY, OR THEIR SUPPLEMENTS.
   7. "DRUGS" MEANS:
   A.  ARTICLES  RECOGNIZED  IN  THE OFFICIAL UNITED STATES PHARMACOPEIA,
 OFFICIAL HOMEOPATHIC PHARMACOPEIA OF  THE  UNITED  STATES,  OR  OFFICIAL
 NATIONAL FORMULARY.
   B.  ARTICLES  INTENDED  FOR  USE  IN  THE DIAGNOSIS, CURE, MITIGATION,
 TREATMENT OR PREVENTION OF DISEASE IN MAN OR ANIMALS.
   C. ARTICLES (OTHER THAN FOOD) INTENDED TO AFFECT THE STRUCTURE OR  ANY
 FUNCTION OF THE BODY OF MAN OR ANIMALS.
   D.  ARTICLES  INTENDED FOR USE AS A COMPONENT OF ANY ARTICLE SPECIFIED
 IN PARAGRAPH A, B, OR C  OF  THIS  SUBDIVISION;  BUT  DOES  NOT  INCLUDE
 DEVICES OR THEIR COMPONENTS, PARTS OR ACCESSORIES.
   8. "COSMETICS" MEANS:
   A.  ARTICLES  INTENDED  TO BE RUBBED, POURED, SPRINKLED OR SPRAYED ON,
 INTRODUCED INTO OR OTHERWISE APPLIED TO THE HUMAN  BODY  FOR  CLEANSING,
 BEAUTIFYING, PROMOTING ATTRACTIVENESS, OR ALTERING THE APPEARANCE.
   B.  ARTICLES  INTENDED  FOR  USE  AS A COMPONENT OF ANY SUCH ARTICLES;
 EXCEPT THAT THE TERM SHALL NOT INCLUDE SOAP.
   9. "POISON", WHERE NOT OTHERWISE LIMITED, MEANS ANY DRUG, CHEMICAL  OR
 PREPARATION  LIKELY TO BE DESTRUCTIVE TO ADULT HUMAN LIFE IN QUANTITY OF
 SIXTY GRAINS OR LESS.
   10. "LABEL" MEANS A DISPLAY OF WRITTEN, PRINTED  OR  PICTORIAL  MATTER
 UPON  THE  IMMEDIATE  CONTAINER  OF  ANY  DRUG,  DEVICE OR COSMETIC. ANY
 REQUIREMENT MADE BY OR UNDER AUTHORITY OF THIS  TITLE,  THAT  ANY  WORD,
 STATEMENT, OR OTHER INFORMATION APPEAR ON THE LABEL SHALL NOT BE CONSID-
 ERED  TO  BE COMPLIED WITH UNLESS SUCH WORD, STATEMENT OR OTHER INFORMA-
 TION ALSO APPEARS ON THE OUTSIDE CONTAINER OR WRAPPER, IF THERE BE  ANY,
 OF  THE  RETAIL  PACKAGE  OF  SUCH DRUG, DEVICE OR COSMETIC OR IS EASILY
 LEGIBLE THROUGH THE OUTSIDE CONTAINER OR WRAPPER.
   11. "IMMEDIATE CONTAINER" DOES NOT INCLUDE PACKAGE LINERS.
   12. "LABELING" MEANS ALL LABELS AND OTHER WRITTEN, PRINTED OR PICTORI-
 AL MATTER:
   A. UPON ANY DRUG, DEVICE OR COSMETIC OR ANY OF ITS CONTAINERS OR WRAP-
 PERS, OR
   B. ACCOMPANYING SUCH DRUG, DEVICE OR COSMETIC.
   13. "MISBRANDING". IF A DRUG, DEVICE OR  COSMETIC  IS  ALLEGED  TO  BE
 MISBRANDED BECAUSE THE LABELING IS MISLEADING, OR IF AN ADVERTISEMENT IS
 ALLEGED TO BE FALSE BECAUSE IT IS MISLEADING THEN IN DETERMINING WHETHER
 THE  LABELING  OR  ADVERTISEMENT IS MISLEADING THERE SHALL BE TAKEN INTO
 ACCOUNT (AMONG OTHER THINGS) NOT ONLY REPRESENTATIONS MADE OR  SUGGESTED
 BY  STATEMENT,  WORD,  DESIGN, DEVICE, SOUND OR ANY COMBINATION THEREOF,
 BUT ALSO THE EXTENT TO WHICH THE LABELING FAILS TO REVEAL FACTS MATERIAL
 IN THE LIGHT OF SUCH REPRESENTATIONS OR MATERIAL WITH RESPECT TO  CONSE-
 QUENCES  WHICH  MAY RESULT FROM THE USE OF THE DRUG, DEVICE, OR COSMETIC
 TO WHICH THE LABELING OR ADVERTISING RELATES UNDER THE CONDITIONS OF USE
 PRESCRIBED IN THE LABELING OR ADVERTISING THEREOF OR UNDER  SUCH  CONDI-
 TIONS  OF  USE  AS  ARE  CUSTOMARY OR USUAL. NO DRUG, DEVICE OR COSMETIC
 WHICH IS SUBJECT TO, AND COMPLIES WITH REGULATIONS PROMULGATED UNDER THE
 PROVISIONS OF THE FEDERAL FOOD, DRUG,  AND  COSMETIC  ACT,  RELATING  TO
 ADULTERATION  AND  MISBRANDING  SHALL  BE  DEEMED  TO  BE ADULTERATED OR
 MISBRANDED IN VIOLATION OF THE PROVISIONS OF THIS TITLE BECAUSE  OF  ITS
 FAILURE  TO  COMPLY  WITH  THE  BOARD'S REGULATIONS, OR THE RULES OF THE
 STATE BOARD OF PHARMACY, INSOFAR AS THE REGULATIONS ARE IN CONFLICT WITH
 S. 4007                            332                           A. 3007

 REGULATIONS RELATING TO ADULTERATION AND MISBRANDING UNDER  THE  FEDERAL
 FOOD, DRUG AND COSMETIC ACT.
   14.  "ANTISEPTIC". THE REPRESENTATION OF A DRUG, DEVICE OR COSMETIC IN
 ITS LABELING, AS AN ANTISEPTIC, SHALL BE CONSIDERED TO  BE  A  REPRESEN-
 TATION  THAT  IT IS A GERMICIDE, EXCEPT IN THE CASE OF A DRUG PURPORTING
 TO BE, OR REPRESENTED AS, AN ANTISEPTIC FOR  INHIBITORY  USE  AS  A  WET
 DRESSING,  OINTMENT,  DUSTING  POWDER,  OR  SUCH  OTHER  USE AS INVOLVES
 PROLONGED CONTACT WITH THE BODY.
   15. "NEW DRUG" MEANS:
   A. ANY DRUG NOT  GENERALLY  RECOGNIZED,  AMONG  EXPERTS  QUALIFIED  BY
 SCIENTIFIC TRAINING AND EXPERIENCE TO EVALUATE THE SAFETY AND EFFECTIVE-
 NESS  OF  DRUGS,  AS  SAFE  AND  EFFECTIVE  FOR USE UNDER THE CONDITIONS
 PRESCRIBED, RECOMMENDED OR SUGGESTED BY THE DRUG'S LABELING, EXCEPT THAT
 SUCH A DRUG NOT SO RECOGNIZED SHALL NOT BE DEEMED TO BE A "NEW DRUG"  IF
 AT  ANY  TIME  PRIOR TO SEPTEMBER FIRST, NINETEEN HUNDRED THIRTY-NINE IT
 WAS SUBJECT TO THE FORMER FEDERAL FOOD AND DRUG ACT OF  JUNE  THIRTIETH,
 NINETEEN  HUNDRED  SIX,  AS  AMENDED,  AND  IF AT SUCH TIME ITS LABELING
 CONTAINED THE SAME REPRESENTATIONS CONCERNING THE CONDITIONS OF ITS USE;
   B. ANY DRUG, THE COMPOSITION OF WHICH IS SUCH  THAT  THE  DRUG,  AS  A
 RESULT  OF  INVESTIGATIONS TO DETERMINE ITS SAFETY AND EFFECTIVENESS FOR
 USE UNDER SUCH CONDITIONS, HAS BECOME  RECOGNIZED,  BUT  WHICH  HAS  NOT
 OTHERWISE  THAN IN SUCH INVESTIGATIONS BEEN USED TO A MATERIAL EXTENT OR
 FOR A MATERIAL TIME UNDER SUCH CONDITIONS.
   16. "DEVICE" MEANS INSTRUMENTS, APPARATUS, AND CONTRIVANCES, INCLUDING
 THEIR COMPONENTS, PARTS AND ACCESSORIES, INTENDED:
   A.  FOR  USE  IN  THE  DIAGNOSIS,  CURE,  MITIGATION,  TREATMENT,   OR
 PREVENTION OF DISEASE IN MAN OR ANIMALS; OR
   B.  TO  AFFECT  THE  STRUCTURE  OR  ANY FUNCTION OF THE BODY OF MAN OR
 ANIMALS.
   17. THE TERM "FEDERAL FOOD, DRUG AND COSMETIC ACT" MEANS  THE  FEDERAL
 FOOD,  DRUG,  AND COSMETIC ACT OF THE UNITED STATES OF AMERICA, APPROVED
 JUNE TWENTY-FIFTH, NINETEEN HUNDRED THIRTY-EIGHT,  OFFICIALLY  CITED  AS
 PUBLIC  DOCUMENT  NUMBER SEVEN HUNDRED SEVENTEEN--SEVENTY-FIFTH CONGRESS
 (CHAPTER SIX HUNDRED SEVENTY-FIVE--THIRD SESSION), AND  ALL  ITS  AMEND-
 MENTS NOW OR HEREAFTER ENACTED.
   18. "WHOLESALER" MEANS A PERSON WHO BOTTLES, PACKS OR PURCHASES DRUGS,
 DEVICES  OR COSMETICS FOR THE PURPOSE OF SELLING OR RESELLING TO PHARMA-
 CIES OR TO OTHER CHANNELS AS PROVIDED IN THIS TITLE.
   19. "ADVERTISEMENT" MEANS  ALL  REPRESENTATIONS  DISSEMINATED  IN  ANY
 MANNER  OR  BY  ANY  MEANS,  OTHER  THAN BY LABELING, FOR THE PURPOSE OF
 INDUCING, OR WHICH ARE LIKELY TO INDUCE,  DIRECTLY  OR  INDIRECTLY,  THE
 PURCHASE OF DRUGS, DEVICES OR COSMETICS.
   20.  "CONTROLLED  SUBSTANCE"  MEANS  ANY  DRUG DEFINED AS A CONTROLLED
 SUBSTANCE BY ARTICLE THIRTY-THREE OF THIS CHAPTER.
   21. "MANUFACTURER" MEANS A  PERSON  WHO  COMPOUNDS,  MIXES,  PREPARES,
 PRODUCES,  AND  BOTTLES  OR  PACKS  DRUGS,  COSMETICS OR DEVICES FOR THE
 PURPOSE OF DISTRIBUTING OR SELLING TO PHARMACIES OR TO OTHER CHANNELS OF
 DISTRIBUTION.
   22. "ADMINISTER", FOR THE PURPOSE OF SECTION SIXTY-EIGHT  HUNDRED  ONE
 OF THIS TITLE, MEANS:
   A. THE DIRECT APPLICATION OF AN IMMUNIZING AGENT TO ADULTS, WHETHER BY
 INJECTION,  INGESTION,  INHALATION  OR  ANY  OTHER  MEANS, PURSUANT TO A
 PATIENT SPECIFIC ORDER OR NON-PATIENT  SPECIFIC  REGIMEN  PRESCRIBED  OR
 ORDERED  BY  A PHYSICIAN OR CERTIFIED NURSE PRACTITIONER, FOR: IMMUNIZA-
 TIONS TO PREVENT INFLUENZA, PNEUMOCOCCAL, ACUTE HERPES ZOSTER, HEPATITIS
 A, HEPATITIS B, HUMAN PAPILLOMAVIRUS, MEASLES, MUMPS, RUBELLA,  VARICEL-
 S. 4007                            333                           A. 3007
 
 LA,  COVID-19,  MENINGOCOCCAL,  TETANUS, DIPHTHERIA OR PERTUSSIS DISEASE
 AND MEDICATIONS REQUIRED FOR EMERGENCY  TREATMENT  OF  ANAPHYLAXIS;  AND
 OTHER  IMMUNIZATIONS  RECOMMENDED BY THE ADVISORY COMMITTEE ON IMMUNIZA-
 TION  PRACTICES  OF  THE  CENTERS FOR DISEASE CONTROL AND PREVENTION FOR
 PATIENTS EIGHTEEN YEARS OF AGE OR OLDER IF THE COMMISSIONER OF EDUCATION
 IN CONSULTATION WITH THE COMMISSIONER DETERMINES THAT AN IMMUNIZATION:
   (I) (A) MAY BE SAFELY ADMINISTERED BY  A  LICENSED  PHARMACIST  WITHIN
 THEIR  LAWFUL SCOPE OF PRACTICE; AND (B) IS NEEDED TO PREVENT THE TRANS-
 MISSION OF A REPORTABLE COMMUNICABLE DISEASE THAT IS  PREVALENT  IN  NEW
 YORK STATE; OR (II) IS A RECOMMENDED IMMUNIZATION FOR SUCH PATIENTS WHO:
 (A)  MEET AGE REQUIREMENTS, (B) LACK DOCUMENTATION OF SUCH IMMUNIZATION,
 (C) LACK EVIDENCE OF PAST INFECTION, OR  (D)  HAVE  AN  ADDITIONAL  RISK
 FACTOR OR ANOTHER INDICATION AS RECOMMENDED BY THE ADVISORY COMMITTEE ON
 IMMUNIZATION   PRACTICES   OF   THE  CENTERS  FOR  DISEASE  CONTROL  AND
 PREVENTION. IF THE COMMISSIONER DETERMINES THAT THERE IS AN OUTBREAK  OF
 DISEASE, OR THAT THERE IS THE IMMINENT THREAT OF AN OUTBREAK OF DISEASE,
 THEN  THE COMMISSIONER MAY ISSUE A NON-PATIENT SPECIFIC REGIMEN APPLICA-
 BLE STATEWIDE.
   B. THE DIRECT APPLICATION OF AN IMMUNIZING AGENT TO  CHILDREN  BETWEEN
 THE  AGES OF TWO AND EIGHTEEN YEARS OF AGE, WHETHER BY INJECTION, INGES-
 TION, INHALATION OR ANY OTHER MEANS,  PURSUANT  TO  A  PATIENT  SPECIFIC
 ORDER  OR NON-PATIENT SPECIFIC REGIMEN PRESCRIBED OR ORDERED BY A PHYSI-
 CIAN OR CERTIFIED NURSE PRACTITIONER, FOR IMMUNIZATION TO PREVENT INFLU-
 ENZA AND MEDICATIONS REQUIRED FOR  EMERGENCY  TREATMENT  OF  ANAPHYLAXIS
 RESULTING  FROM  SUCH  IMMUNIZATION. IF THE COMMISSIONER DETERMINES THAT
 THERE IS AN OUTBREAK OF INFLUENZA, OR THAT THERE IS THE IMMINENT  THREAT
 OF  AN  OUTBREAK OF INFLUENZA, THEN THE COMMISSIONER MAY ISSUE A NON-PA-
 TIENT SPECIFIC REGIMEN APPLICABLE STATEWIDE.
   23. "ELECTRONIC PRESCRIPTION" MEANS A PRESCRIPTION CREATED,  RECORDED,
 OR  STORED BY ELECTRONIC MEANS; ISSUED WITH AN ELECTRONIC SIGNATURE; AND
 TRANSMITTED BY ELECTRONIC MEANS, IN ACCORDANCE WITH REGULATIONS  OF  THE
 COMMISSIONER   AND  FEDERAL  REGULATIONS;  PROVIDED,  HOWEVER,  THAT  AN
 ORIGINAL HARD COPY PRESCRIPTION THAT IS CREATED ELECTRONICALLY OR OTHER-
 WISE MAY BE TRANSMITTED FROM THE PRESCRIBER TO THE PHARMACIST BY FACSIM-
 ILE AND MUST BE MANUALLY SIGNED. "ELECTRONIC" MEANS OF  OR  RELATING  TO
 TECHNOLOGY  HAVING  ELECTRICAL,  DIGITAL,  MAGNETIC,  WIRELESS, OPTICAL,
 ELECTROMAGNETIC, OR SIMILAR CAPABILITIES.  "ELECTRONIC SIGNATURE"  MEANS
 AN  ELECTRONIC SOUND, SYMBOL, OR PROCESS, ATTACHED TO OR LOGICALLY ASSO-
 CIATED WITH AN ELECTRONIC PRESCRIPTION AND  EXECUTED  OR  ADOPTED  BY  A
 PERSON  WITH  THE  INTENT  TO  SIGN THE PRESCRIPTION, IN ACCORDANCE WITH
 REGULATIONS OF THE COMMISSIONER AND FEDERAL REGULATIONS.
   24. "COMPOUNDING" MEANS THE  COMBINING,  ADMIXING,  MIXING,  DILUTING,
 POOLING,  RECONSTITUTING,  OR  OTHERWISE ALTERING OF A DRUG OR BULK DRUG
 SUBSTANCE TO CREATE A DRUG WITH RESPECT TO AN OUTSOURCING FACILITY UNDER
 SECTION 503B OF THE FEDERAL FOOD, DRUG  AND  COSMETIC  ACT  AND  FURTHER
 DEFINED IN THIS SECTION.
   25. "OUTSOURCING FACILITY" MEANS A FACILITY THAT:
   A. IS ENGAGED IN THE COMPOUNDING OF STERILE DRUGS;
   B. IS CURRENTLY REGISTERED AS AN OUTSOURCING FACILITY WITH THE
   SECRETARY OF HEALTH AND HUMAN SERVICES; AND
   C. COMPLIES WITH ALL APPLICABLE REQUIREMENTS OF FEDERAL AND STATE LAW,
 INCLUDING THE FEDERAL FOOD, DRUG AND COSMETIC ACT.
   26. "STERILE DRUG" MEANS A DRUG THAT IS INTENDED FOR PARENTERAL ADMIN-
 ISTRATION, AN OPHTHALMIC OR ORAL INHALATION DRUG IN AQUEOUS FORMAT, OR A
 DRUG THAT IS REQUIRED TO BE STERILE UNDER FEDERAL OR STATE LAW.
 S. 4007                            334                           A. 3007
 
   27.  "BIOLOGICAL  PRODUCT"  MEANS  A  BIOLOGICAL PRODUCT AS DEFINED IN
 SUBSECTION (I) OF SECTION 351 OF  THE  PUBLIC  HEALTH  SERVICE  ACT,  42
 U.S.C. SECTION 262(I).
   28.  "INTERCHANGEABLE  BIOLOGICAL  PRODUCT" MEANS A BIOLOGICAL PRODUCT
 LICENSED BY THE UNITED STATES FOOD AND DRUG ADMINISTRATION  PURSUANT  TO
 42  U.S.C.    SECTION  262(K)(4)  AS  SET FORTH IN THE LATEST EDITION OR
 SUPPLEMENT OF THE UNITED STATES FOOD AND DRUG  ADMINISTRATION  LISTS  OF
 LICENSED  BIOLOGICAL  PRODUCTS  WITH  REFERENCE  PRODUCT EXCLUSIVITY AND
 BIOSIMILARITY OR INTERCHANGEABILITY EVALUATIONS, SOMETIMES  REFERRED  TO
 AS  THE  "PURPLE BOOK", OR A BIOLOGICAL PRODUCT DETERMINED BY THE UNITED
 STATES FOOD AND DRUG ADMINISTRATION TO BE THERAPEUTICALLY EQUIVALENT  AS
 SET  FORTH IN THE LATEST EDITION OR SUPPLEMENT OF THE UNITED STATES FOOD
 AND DRUG ADMINISTRATION APPROVED DRUG PRODUCTS WITH  THERAPEUTIC  EQUIV-
 ALENCE EVALUATIONS, SOMETIMES REFERRED TO AS THE "ORANGE BOOK".
   §  6803.  PRACTICE  OF  PHARMACY AND USE OF TITLE "PHARMACIST". ONLY A
 PERSON LICENSED OR OTHERWISE AUTHORIZED UNDER THIS TITLE SHALL  PRACTICE
 PHARMACY OR USE THE TITLE "PHARMACIST" OR ANY DERIVATIVE.
   §  6804.  STATE  BOARD OF PHARMACY. A STATE BOARD OF PHARMACY SHALL BE
 APPOINTED BY THE REGENTS ON RECOMMENDATION OF THE COMMISSIONER  FOR  THE
 PURPOSE  OF  ASSISTING  THE  REGENTS  AND  THE  DEPARTMENT ON MATTERS OF
 PROFESSIONAL LICENSING  AND  PROFESSIONAL  CONDUCT  IN  ACCORDANCE  WITH
 SECTION  SIXTY-FIVE  HUNDRED  EIGHT  OF THIS ARTICLE. THE BOARD SHALL BE
 COMPOSED OF NOT LESS THAN NINE PHARMACISTS LICENSED IN THIS STATE FOR AT
 LEAST FIVE YEARS AND TWO REGISTERED PHARMACY  TECHNICIANS.  THE  INITIAL
 REGISTERED  PHARMACY  TECHNICIAN  MEMBERS OF THE STATE BOARD OF PHARMACY
 NEED NOT BE LICENSED PRIOR TO THEIR APPOINTMENT BUT SHALL HAVE  MET  ALL
 OTHER  REQUIREMENTS OF LICENSURE PURSUANT TO SECTION SIXTY-EIGHT HUNDRED
 FORTY-FOUR OF THIS ARTICLE EXCEPT FOR FILING AN APPLICATION AND PAYING A
 FEE.  AN EXECUTIVE SECRETARY TO THE BOARD  SHALL  BE  APPOINTED  BY  THE
 REGENTS  ON RECOMMENDATION OF THE COMMISSIONER AND SHALL BE A PHARMACIST
 LICENSED IN THIS STATE FOR AT LEAST FIVE YEARS.  THE BOARD SHALL PROVIDE
 ASSISTANCE TO THE DEPARTMENT:
   1. TO REGULATE THE PRACTICE OF PHARMACY, REGISTERED  PHARMACY  TECHNI-
 CIANS AND THE EMPLOYMENT OF INTERNS AND EMPLOYEES IN PHARMACIES,
   2. TO REGULATE AND CONTROL THE SALE, DISTRIBUTION, CHARACTER AND STAN-
 DARD OF DRUGS, POISONS, COSMETICS, DEVICES AND NEW DRUGS,
   3. TO PREVENT THE SALE OR DISTRIBUTION OF SUCH DRUGS, POISONS, COSMET-
 ICS,  DEVICES  AND NEW DRUGS AS DO NOT CONFORM TO THE PROVISIONS OF THIS
 CHAPTER,
   4. TO INVESTIGATE ALLEGED VIOLATIONS OF THE PROVISIONS OF THIS  TITLE,
 AND
   5. TO ISSUE LIMITED PERMITS OR REGISTRATIONS.
   §  6805.  REQUIREMENTS FOR A PROFESSIONAL LICENSE. 1. TO QUALIFY FOR A
 PHARMACIST'S LICENSE, AN APPLICANT SHALL FULFILL THE FOLLOWING  REQUIRE-
 MENTS:
   A. APPLICATION: FILE AN APPLICATION WITH THE DEPARTMENT;
   B.  EDUCATION:  HAVE  RECEIVED AN EDUCATION, INCLUDING A BACHELOR'S OR
 EQUIVALENT DEGREE IN PHARMACY, IN  ACCORDANCE  WITH  THE  COMMISSIONER'S
 REGULATIONS;
   C.  EXPERIENCE:  HAVE  EXPERIENCE  SATISFACTORY  TO  THE  BOARD AND IN
 ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS;
   D. EXAMINATION: PASS AN EXAMINATION SATISFACTORY TO THE BOARD  AND  IN
 ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS;
   E. AGE: BE AT LEAST TWENTY-ONE YEARS OF AGE;
   F. CITIZENSHIP OR IMMIGRATION STATUS: BE A UNITED STATES CITIZEN OR AN
 ALIEN LAWFULLY ADMITTED FOR PERMANENT RESIDENCE IN THE UNITED STATES;
 S. 4007                            335                           A. 3007
 
   G.  CHARACTER: BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE DEPART-
 MENT; AND
   H.  FEES: PAY A FEE OF ONE HUNDRED SEVENTY-FIVE DOLLARS TO THE DEPART-
 MENT FOR ADMISSION TO A DEPARTMENT  CONDUCTED  EXAMINATION  AND  FOR  AN
 INITIAL LICENSE, A FEE OF EIGHTY-FIVE DOLLARS FOR EACH RE-EXAMINATION, A
 FEE  OF  ONE  HUNDRED FIFTEEN DOLLARS FOR AN INITIAL LICENSE FOR PERSONS
 NOT REQUIRING ADMISSION TO A DEPARTMENT CONDUCTED EXAMINATION, AND A FEE
 OF ONE HUNDRED FIFTY-FIVE DOLLARS FOR EACH TRIENNIAL REGISTRATION  PERI-
 OD.
   2.  ON OR BEFORE APRIL FIRST, NINETEEN HUNDRED SEVENTY-TWO, ANY PERSON
 WHO HOLDS A VALID LICENSE AS "DRUGGIST" IN THIS STATE SHALL MAKE  APPLI-
 CATION AND ON THE PAYMENT OF FEES SPECIFIED IN THIS TITLE BE LICENSED BY
 THE  DEPARTMENT  AS  A  PHARMACIST.    SUCH PERSON SHALL HAVE ALL OF THE
 RIGHTS, PRIVILEGES, DUTIES AND RESPONSIBILITIES OF A PHARMACIST.
   § 6806. LIMITED PERMITS. 1. THE DEPARTMENT MAY ISSUE A LIMITED  PERMIT
 FOR EMPLOYMENT AS A "PHARMACY INTERN" TO:
   A. A STUDENT ENROLLED IN THE LAST TWO YEARS OF A REGISTERED PROGRAM IN
 PHARMACY, OR
   B.  A  GRADUATE  OF A PROGRAM IN PHARMACY WHICH MEETS STANDARDS ESTAB-
 LISHED BY THE COMMISSIONER'S REGULATIONS WHO IS ENGAGED IN  MEETING  THE
 EXPERIENCE  REQUIREMENTS  OR  WHOSE APPLICATION FOR INITIAL LICENSURE IS
 PENDING WITH THE DEPARTMENT.
   2. A PHARMACY INTERN MAY, AS DETERMINED BY  THE  COMMISSIONER'S  REGU-
 LATIONS,  PRACTICE  AS  A PHARMACIST UNDER THE IMMEDIATE PERSONAL SUPER-
 VISION OF A LICENSED PHARMACIST. A PHARMACY INTERN MAY  ALSO  RECEIVE  A
 CERTIFICATE  OF  ADMINISTRATION  IF  HE  OR  SHE  PROVIDES  SATISFACTORY
 EVIDENCE TO THE COMMISSIONER THAT HE OR SHE MEETS  THE  REQUIREMENTS  OF
 SUBDIVISION THREE OF THIS SECTION.
   3.  NO  PHARMACY  INTERN  SHALL  ADMINISTER  IMMUNIZING AGENTS WITHOUT
 RECEIVING TRAINING SATISFACTORY TO THE COMMISSIONER,  AS  PRESCRIBED  IN
 REGULATIONS OF THE COMMISSIONER, WHICH SHALL INCLUDE, BUT NOT BE LIMITED
 TO: TECHNIQUES FOR SCREENING INDIVIDUALS AND OBTAINING INFORMED CONSENT;
 TECHNIQUES OF ADMINISTRATION; INDICATIONS, PRECAUTIONS AND CONTRAINDICA-
 TIONS  IN  THE  USE OF AN AGENT OR AGENTS; RECORDKEEPING OF IMMUNIZATION
 AND INFORMATION; AND HANDLING  EMERGENCIES,  INCLUDING  ANAPHYLAXIS  AND
 NEEDLESTICK INJURIES. TO RECEIVE A CERTIFICATION TO ADMINISTER IMMUNIZA-
 TIONS,  THE  PHARMACY  INTERN  SHALL  PROVIDE  DOCUMENTATION,  ON A FORM
 PRESCRIBED BY THE DEPARTMENT, FROM THE DEAN OR OTHER  APPROPRIATE  OFFI-
 CIAL  OF  THE  REGISTERED  PROGRAM  THAT  THE  INTERN  HAS COMPLETED THE
 REQUIRED TRAINING, PURSUANT TO REGULATIONS OF THE COMMISSIONER.
   4. A LIMITED PERMIT ISSUED TO A PHARMACY INTERN SHALL HAVE AN  EXPIRA-
 TION  DATE  OF FIVE YEARS FROM THE DATE OF ISSUE. LIMITED PERMITS MAY BE
 RENEWED ONCE FOR A PERIOD NOT TO EXCEED TWO YEARS.
   5. THE FEE FOR EACH LIMITED PERMIT ISSUED TO A PHARMACY  INTERN  SHALL
 BE SEVENTY DOLLARS.
   6. IN THE CASE OF A PHARMACY INTERN, CERTIFIED TO ADMINISTER IMMUNIZA-
 TIONS,  ADMINISTRATION  MUST  BE  CONDUCTED UNDER THE IMMEDIATE PERSONAL
 SUPERVISION OF A LICENSED PHARMACIST CERTIFIED TO ADMINISTER VACCINES. A
 PERSON RECEIVING A VACCINE MUST BE  INFORMED  THAT  A  PHARMACY  INTERN,
 CERTIFIED TO ADMINISTER IMMUNIZATIONS, WILL BE ADMINISTERING THE VACCINE
 AND  OF  THE  OPTION TO RECEIVE THE VACCINATION FROM A CERTIFIED PHARMA-
 CIST.
   § 6807. EXEMPT PERSONS; SPECIAL PROVISIONS. 1. THIS TITLE SHALL NOT BE
 CONSTRUED TO AFFECT OR PREVENT:
   A. UNLICENSED ASSISTANTS FROM BEING EMPLOYED  IN  LICENSED  PHARMACIES
 FOR PURPOSES OTHER THAN THE PRACTICE OF PHARMACY;
 S. 4007                            336                           A. 3007
 
   B.  ANY PHYSICIAN, DENTIST, VETERINARIAN OR OTHER LICENSED HEALTH CARE
 PROVIDER LEGALLY AUTHORIZED TO PRESCRIBE DRUGS UNDER THIS TITLE  WHO  IS
 NOT  THE  OWNER OF A PHARMACY OR WHO IS NOT IN THE EMPLOY OF SUCH OWNER,
 FROM SUPPLYING HIS PATIENTS WITH SUCH DRUGS AS THE  PHYSICIAN,  DENTIST,
 VETERINARIAN  OR  OTHER LICENSED HEALTH CARE PROVIDER LEGALLY AUTHORIZED
 TO PRESCRIBE DRUGS UNDER THIS TITLE DEEMS PROPER IN CONNECTION WITH  HIS
 PRACTICE, PROVIDED, HOWEVER, THAT ALL SUCH DRUGS SHALL BE DISPENSED IN A
 CONTAINER  LABELED  WITH  THE  NAME  AND  ADDRESS  OF  THE DISPENSER AND
 PATIENT, DIRECTIONS FOR USE, AND DATE OF DELIVERY, AND IN ADDITION, SUCH
 DRUG SHALL BEAR A LABEL CONTAINING THE PROPRIETARY OR BRAND NAME OF  THE
 DRUG AND, IF APPLICABLE, THE STRENGTH OF THE CONTENTS, UNLESS THE PERSON
 ISSUING  THE PRESCRIPTION SPECIFICALLY STATES ON THE PRESCRIPTION IN HIS
 OWN HANDWRITING, THAT THE NAME OF THE  DRUG  AND  THE  STRENGTH  THEREOF
 SHOULD  NOT APPEAR ON THE LABEL; PROVIDED FURTHER THAT IF SUCH DRUGS ARE
 CONTROLLED SUBSTANCES, THEY SHALL BE DISPENSED PURSUANT TO THE  REQUIRE-
 MENTS OF ARTICLE THIRTY-THREE OF THIS CHAPTER;
   C. ANY MERCHANT FROM SELLING PROPRIETARY MEDICINES, EXCEPT THOSE WHICH
 ARE  POISONOUS,  DELETERIOUS  OR HABIT FORMING, OR MATERIALS AND DEVICES
 SPECIFICALLY EXEMPTED BY REGULATIONS OF THE DEPARTMENT OR BY  PROVISIONS
 OF THIS CHAPTER;
   D. ANY PERSONNEL IN AN INSTITUTION OF HIGHER LEARNING FROM USING PRES-
 CRIPTION-REQUIRED  DRUGS ON THE PREMISES FOR AUTHORIZED RESEARCH, EXPER-
 IMENTS OR INSTRUCTION, IN ACCORDANCE WITH THE  DEPARTMENT'S  REGULATIONS
 AND,  IF  SUCH DRUGS ARE CONTROLLED SUBSTANCES, IN ACCORDANCE WITH TITLE
 THREE OF ARTICLE THIRTY-THREE OF THIS CHAPTER; OR
   E. THE NECESSARY AND ORDINARY ACTIVITIES OF MANUFACTURERS  AND  WHOLE-
 SALERS,  SUBJECT TO THE PROVISIONS OF ARTICLE THIRTY-THREE OF THIS CHAP-
 TER.
   2. A. NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH B OF SUBDIVISION ONE
 OF THIS SECTION, NO PRESCRIBER WHO IS NOT THE OWNER OF A PHARMACY OR WHO
 IS NOT IN THE EMPLOY OF SUCH OWNER, MAY DISPENSE MORE  THAN  A  SEVENTY-
 TWO-HOUR SUPPLY OF DRUGS, EXCEPT FOR:
   (I) PERSONS PRACTICING IN HOSPITALS AS DEFINED IN SECTION TWENTY-EIGHT
 HUNDRED ONE OF THIS CHAPTER;
   (II) THE DISPENSING OF DRUGS AT NO CHARGE TO THEIR PATIENTS;
   (III)  PERSONS  WHOSE  PRACTICES ARE SITUATED TEN MILES OR MORE FROM A
 REGISTERED PHARMACY;
   (IV) THE DISPENSING OF DRUGS IN A CLINIC, INFIRMARY OR HEALTH  SERVICE
 THAT IS OPERATED BY OR AFFILIATED WITH A POST-SECONDARY INSTITUTION;
   (V) PERSONS LICENSED PURSUANT TO TITLE EIGHT OF THIS ARTICLE;
   (VI)  THE  DISPENSING  OF  DRUGS  IN A MEDICAL EMERGENCY AS DEFINED IN
 SUBDIVISION SIX OF SECTION SIXTY-EIGHT HUNDRED TEN OF THIS TITLE;
   (VII) THE DISPENSING OF  DRUGS  THAT  ARE  DILUTED,  RECONSTITUTED  OR
 COMPOUNDED BY A PRESCRIBER;
   (VIII) THE DISPENSING OF ALLERGENIC EXTRACTS; OR
   (IX) THE DISPENSING OF DRUGS PURSUANT TO AN ONCOLOGICAL OR AIDS PROTO-
 COL.
   B.  THE  COMMISSIONER  MAY  PROMULGATE  REGULATIONS  TO IMPLEMENT THIS
 SUBDIVISION AND  MAY,  BY  REGULATION,  ESTABLISH  ADDITIONAL  RENEWABLE
 EXEMPTIONS  FOR  A  PERIOD NOT TO EXCEED ONE YEAR FROM THE PROVISIONS OF
 PARAGRAPH A OF THIS SUBDIVISION.
   3. A PHARMACIST MAY DISPENSE DRUGS AND DEVICES TO A REGISTERED PROFES-
 SIONAL NURSE, AND A REGISTERED PROFESSIONAL NURSE MAY POSSESS AND ADMIN-
 ISTER, DRUGS AND DEVICES, PURSUANT TO  A  NON-PATIENT  SPECIFIC  REGIMEN
 PRESCRIBED OR ORDERED BY A LICENSED PHYSICIAN OR CERTIFIED NURSE PRACTI-
 S. 4007                            337                           A. 3007
 
 TIONER,  PURSUANT  TO REGULATIONS PROMULGATED BY THE COMMISSIONER AND BY
 PROVISIONS OF THIS CHAPTER.
   §  6808.  REGISTERING  AND OPERATING ESTABLISHMENTS. 1.   REGISTRATION
 REQUIREMENT. NO PERSON, FIRM, CORPORATION OR ASSOCIATION  SHALL  POSSESS
 DRUGS, PRESCRIPTIONS OR POISONS FOR THE PURPOSE OF COMPOUNDING, DISPENS-
 ING,  RETAILING,  WHOLESALING,  OR  MANUFACTURING, OR SHALL OFFER DRUGS,
 PRESCRIPTIONS OR POISONS FOR SALE AT RETAIL OR WHOLESALE  UNLESS  REGIS-
 TERED  BY  THE  DEPARTMENT  AS  A  PHARMACY, WHOLESALER, MANUFACTURER OR
 OUTSOURCING FACILITY.
   2. PHARMACIES.   A. OBTAINING A  REGISTRATION.  A  PHARMACY  SHALL  BE
 REGISTERED AS FOLLOWS:
   (I)  THE APPLICATION SHALL BE MADE ON A FORM PRESCRIBED BY THE DEPART-
 MENT.
   (II) THE APPLICATION SHALL BE ACCOMPANIED BY A FEE  OF  THREE  HUNDRED
 FORTY-FIVE DOLLARS.
   (III) TO SECURE AND RETAIN A REGISTRATION, A PHARMACY MUST BE EQUIPPED
 WITH  FACILITIES,  APPARATUS, UTENSILS AND STOCKS OF DRUGS AND MEDICINES
 SUFFICIENT TO PERMIT THE PROMPT AND EFFICIENT COMPOUNDING AND DISPENSING
 OF PRESCRIPTIONS, AS PRESCRIBED BY REGULATION.
   B. RENEWAL  OF  REGISTRATION.  ALL  PHARMACY  REGISTRATIONS  SHALL  BE
 RENEWED  ON  DATES SET BY THE DEPARTMENT. THE TRIENNIAL REGISTRATION FEE
 SHALL BE TWO HUNDRED SIXTY DOLLARS, OR A  PRORATED  PORTION  THEREOF  AS
 DETERMINED BY THE DEPARTMENT. AT THE TIME OF RENEWAL, THE OWNER OF EVERY
 PHARMACY SHALL REPORT UNDER OATH TO THE DEPARTMENT ANY FACTS REQUIRED BY
 THE STATE BOARD OF PHARMACY.
   C.  DISPLAY  OF  REGISTRATION. THE REGISTRATION SHALL BE CONSPICUOUSLY
 DISPLAYED AT ALL TIMES IN THE PHARMACY. THE NAMES OF THE OWNER OR OWNERS
 OF A PHARMACY SHALL BE CONSPICUOUSLY DISPLAYED UPON THE EXTERIOR OF SUCH
 ESTABLISHMENT. THE NAMES SO DISPLAYED SHALL BE PRESUMPTIVE  EVIDENCE  OF
 OWNERSHIP OF SUCH PHARMACY BY SUCH PERSON OR PERSONS.  IN THE EVENT THAT
 THE OWNER OF A LICENSED PHARMACY IS NOT A LICENSED PHARMACIST, THE PHAR-
 MACY  REGISTRATION ISSUED SHALL ALSO BEAR THE NAME OF THE LICENSED PHAR-
 MACIST HAVING PERSONAL SUPERVISION OF THE PHARMACY. IN  THE  EVENT  THAT
 SUCH  LICENSED  PHARMACIST  SHALL NO LONGER HAVE PERSONAL SUPERVISION OF
 THE PHARMACY, THE OWNER SHALL NOTIFY THE DEPARTMENT OF SUCH FACT AND  OF
 THE  NAME  OF  THE LICENSED PHARMACIST REPLACING THE PHARMACIST NAMED ON
 THE LICENSE AND SHALL APPLY FOR  AN  AMENDED  REGISTRATION  SHOWING  THE
 CHANGE. THE AMENDED REGISTRATION MUST BE ATTACHED TO THE ORIGINAL REGIS-
 TRATION  AND DISPLAYED IN THE SAME MANNER. BOTH THE OWNER AND THE SUPER-
 VISING PHARMACIST SHALL BE RESPONSIBLE FOR CARRYING OUT  THE  PROVISIONS
 OF THIS TITLE.
   D.  CHANGE  OF  LOCATION. IN THE EVENT THAT THE LOCATION OF A PHARMACY
 SHALL BE CHANGED, THE OWNER SHALL APPLY TO THE DEPARTMENT FOR INSPECTION
 OF THE NEW LOCATION AND ENDORSEMENT OF  THE  REGISTRATION  FOR  THE  NEW
 LOCATION. THE FEE FOR INSPECTION AND ENDORSEMENT SHALL BE FIFTY DOLLARS,
 UNLESS  IT APPEARS TO THE SATISFACTION OF THE DEPARTMENT THAT THE CHANGE
 IN LOCATION IS OF TEMPORARY NATURE DUE TO FIRE, FLOOD OR OTHER DISASTER.
   E. CONDUCT OF A PHARMACY. EVERY OWNER OF A PHARMACY IS RESPONSIBLE FOR
 THE STRENGTH, QUALITY, PURITY AND THE LABELING  THEREOF  OF  ALL  DRUGS,
 TOXIC  SUBSTANCES,  DEVICES AND COSMETICS, DISPENSED OR SOLD, SUBJECT TO
 THE GUARANTY PROVISIONS OF THIS TITLE AND THIS CHAPTER. EVERY OWNER OF A
 PHARMACY OR EVERY PHARMACIST IN CHARGE OF A PHARMACY SHALL BE  RESPONSI-
 BLE  FOR  THE  PROPER CONDUCT OF THEIR PHARMACY. EVERY PHARMACY SHALL BE
 UNDER THE IMMEDIATE SUPERVISION AND MANAGEMENT OF A LICENSED  PHARMACIST
 AT  ALL  HOURS WHEN OPEN.  NO PHARMACIST SHALL HAVE PERSONAL SUPERVISION
 OF MORE THAN ONE PHARMACY AT THE SAME TIME.
 S. 4007                            338                           A. 3007
 
   F. A PHARMACY AS A DEPARTMENT.  WHEN  A  PHARMACY  IS  OPERATED  AS  A
 DEPARTMENT OF A LARGER COMMERCIAL ESTABLISHMENT, THE AREA COMPRISING THE
 PHARMACY  SHALL  BE PHYSICALLY SEPARATED FROM THE REST OF THE ESTABLISH-
 MENT, SO THAT ACCESS TO THE PHARMACY AND DRUGS IS NOT AVAILABLE  WHEN  A
 PHARMACIST IS NOT ON DUTY. IDENTIFICATION OF THE AREA WITHIN THE PHARMA-
 CY BY USE OF THE WORDS "DRUGS", "MEDICINES", "DRUG STORE", OR "PHARMACY"
 OR SIMILAR TERMS SHALL BE RESTRICTED TO THE AREA LICENSED BY THE DEPART-
 MENT AS A PHARMACY.
   G.  LIMITED  PHARMACY  REGISTRATION.  (I)  WHEN, IN THE OPINION OF THE
 DEPARTMENT, A HIGH STANDARD OF  PATIENT  SAFETY,  CONSISTENT  WITH  GOOD
 PATIENT  CARE, CAN BE PROVIDED BY THE REGISTERING OF A PHARMACY WITHIN A
 HOSPITAL, NURSING HOME OR EXTENDED CARE FACILITY WHICH DOES NOT MEET ALL
 OF THE REQUIREMENTS FOR REGISTRATION AS A PHARMACY, THE  DEPARTMENT  MAY
 WAIVE  ANY  REQUIREMENTS PERTAINING TO FULL-TIME OPERATION BY A LICENSED
 PHARMACIST, MINIMUM EQUIPMENT, MINIMUM SPACE AND WAITING AREA,  PROVIDED
 THAT  WHEN THE WAIVER OF ANY OF THE ABOVE REQUIREMENTS IS GRANTED BY THE
 BOARD, THE PHARMACEUTICAL SERVICES TO BE RENDERED BY THE PHARMACY  SHALL
 BE  LIMITED  TO FURNISHING DRUGS TO PATIENTS REGISTERED FOR TREATMENT BY
 THE HOSPITAL, AND TO IN-PATIENTS FOR TREATMENT BY THE  NURSING  HOME  OR
 EXTENDED CARE FACILITY.
   (II) WHEN IN THE OPINION OF THE DEPARTMENT, A HIGH STANDARD OF PATIENT
 SAFETY, CONSISTENT WITH GOOD PATIENT CARE, CAN BE PROVIDED BY THE REGIS-
 TERING  OF  A PHARMACY WITHIN A FACILITY DISTRIBUTING DIALYSIS SOLUTIONS
 FOR PATIENTS SUFFERING FROM END STAGE RENAL DISEASE AND WHERE THE  PHAR-
 MACEUTICAL  SERVICES  TO BE RENDERED BY THE PHARMACY SHALL BE LIMITED TO
 FURNISHING DIALYSIS  SOLUTIONS  TO  PATIENTS  FOR  WHOM  SUCH  HAS  BEEN
 PRESCRIBED  BY  A  DULY  AUTHORIZED PRESCRIBER, THE DEPARTMENT MAY WAIVE
 CERTAIN REQUIREMENTS, INCLUDING, BUT NOT LIMITED TO, FULL-TIME OPERATION
 BY A LICENSED PHARMACIST, MINIMUM EQUIPMENT, AND MINIMUM SPACE AND WAIT-
 ING AREA. SUCH SOLUTIONS SHALL ONLY BE DISPENSED BY EMPLOYEES  WHO  HAVE
 COMPLETED  AN APPROVED TRAINING PROGRAM AND WHO HAVE DEMONSTRATED PROFI-
 CIENCY TO PERFORM THE TASK OR TASKS OF ASSEMBLING, LABELING OR  DELIVER-
 ING  A  PATIENT  ORDER  AND  WHO WORK UNDER THE GENERAL SUPERVISION OF A
 LICENSED PHARMACIST WHO  SHALL  BE  RESPONSIBLE  FOR  THE  DISTRIBUTION,
 RECORD   KEEPING,  LABELING  AND  DELIVERY  OF  ALL  DIALYSIS  SOLUTIONS
 DISPENSED BY THE DISTRIBUTOR AS REQUIRED BY THE DEPARTMENT.
   (III) THE  DEPARTMENT  SHALL  PROMULGATE  SUCH  RULES  OR  REGULATIONS
 CONSISTENT  WITH  THIS  PARAGRAPH  AS  ARE  NECESSARY TO ENSURE THE SAFE
 DISTRIBUTION OF SUCH DIALYSIS SOLUTIONS, INCLUDING ESTABLISHMENT  REGIS-
 TRATION AND PROPER RECORD KEEPING, STORAGE, AND LABELING.
   (IV)  THE INITIAL REGISTRATION FEE AND RENEWAL FEE FOR A LIMITED PHAR-
 MACY SHALL BE THREE HUNDRED FORTY-FIVE DOLLARS FOR EACH TRIENNIAL REGIS-
 TRATION PERIOD.
   H. APPLICANT REGISTRATION. AN APPLICANT FOR REGISTRATION AS A PHARMACY
 SHALL BE OF GOOD MORAL CHARACTER, AS DETERMINED BY  THE  DEPARTMENT.  IN
 THE  CASE  OF A CORPORATE APPLICANT, THE REQUIREMENT SHALL EXTEND TO ALL
 OFFICERS AND DIRECTORS AND TO  STOCKHOLDERS  HAVING  A  TEN  PERCENT  OR
 GREATER INTEREST IN THE CORPORATION.
   3. WHOLESALER'S OR MANUFACTURER'S REGISTRATION.  A. OBTAINING A REGIS-
 TRATION. A WHOLESALER OR MANUFACTURER SHALL BE REGISTERED AS FOLLOWS:
   (I)  THE APPLICATION SHALL BE MADE ON A FORM PRESCRIBED BY THE DEPART-
 MENT.
   (II) THE APPLICATION SHALL BE ACCOMPANIED BY A FEE  OF  EIGHT  HUNDRED
 TWENTY-FIVE DOLLARS.
   B. RENEWAL OF REGISTRATION. ALL WHOLESALERS' AND MANUFACTURERS' REGIS-
 TRATIONS  SHALL BE RENEWED ON DATES SET BY THE DEPARTMENT. THE TRIENNIAL
 S. 4007                            339                           A. 3007
 
 REGISTRATION FEE SHALL BE FIVE HUNDRED TWENTY  DOLLARS,  OR  A  PRORATED
 PORTION THEREOF AS DETERMINED BY THE DEPARTMENT.
   C.  DISPLAY  OF  REGISTRATION.  THE  REGISTRATION  SHALL  BE DISPLAYED
 CONSPICUOUSLY AT ALL TIMES IN THE PLACE OF BUSINESS.
   D. CHANGE OF LOCATION. IN THE EVENT THAT THE LOCATION OF SUCH PLACE OF
 BUSINESS SHALL BE CHANGED, THE OWNER SHALL APPLY TO THE  DEPARTMENT  FOR
 INSPECTION  OF  THE NEW LOCATION AND ENDORSEMENT OF THE REGISTRATION FOR
 THE NEW LOCATION. THE FEE FOR INSPECTION AND ENDORSEMENT  SHALL  BE  ONE
 HUNDRED  SEVENTY  DOLLARS,  UNLESS IT APPEARS TO THE SATISFACTION OF THE
 DEPARTMENT THAT THE CHANGE IN LOCATION IS OF A TEMPORARY NATURE  DUE  TO
 FIRE, FLOOD OR OTHER DISASTER.
   4.  OUTSOURCING FACILITY'S REGISTRATION.  A. OBTAINING A REGISTRATION.
 AN OUTSOURCING FACILITY SHALL BE REGISTERED AS FOLLOWS:
   (I) AN APPLICATION FOR INITIAL REGISTRATION OR RENEWAL OF REGISTRATION
 SHALL BE MADE ON A FORM PRESCRIBED BY THE DEPARTMENT.
   (II) AN APPLICATION FOR INITIAL REGISTRATION SHALL BE ACCOMPANIED BY A
 FEE OF EIGHT HUNDRED TWENTY-FIVE DOLLARS.
   B. RENEWAL OF REGISTRATION. ALL OUTSOURCING FACILITIES'  REGISTRATIONS
 SHALL  BE  RENEWED ON A DATE SET BY THE DEPARTMENT. THE TRIENNIAL REGIS-
 TRATION FEE SHALL BE FIVE HUNDRED TWENTY DOLLARS, OR A PRORATED  PORTION
 THEREOF AS DETERMINED BY THE DEPARTMENT.
   C.  DISPLAY  OF  REGISTRATION.  THE  REGISTRATION  SHALL  BE DISPLAYED
 CONSPICUOUSLY IN THE PLACE OF BUSINESS.
   D. CHANGE OF LOCATION. IN THE EVENT THAT THE LOCATION OF SUCH PLACE OF
 BUSINESS SHALL BE CHANGED, THE OWNER SHALL APPLY TO THE  DEPARTMENT  FOR
 INSPECTION  OF  THE NEW LOCATION AND ENDORSEMENT OF THE REGISTRATION FOR
 THE NEW LOCATION. THE FEE FOR INSPECTION AND ENDORSEMENT  SHALL  BE  ONE
 HUNDRED  SEVENTY-FIVE  DOLLARS, UNLESS IT APPEARS TO THE SATISFACTION OF
 THE DEPARTMENT THAT THE CHANGE IN LOCATION IS OF A TEMPORARY NATURE  DUE
 TO FIRE, FLOOD OR OTHER DISASTER.
   E.  REPORT.  UPON INITIALLY REGISTERING AS AN OUTSOURCING FACILITY AND
 EVERY SIX MONTHS THEREAFTER, EACH OUTSOURCING FACILITY SHALL  SUBMIT  TO
 THE EXECUTIVE SECRETARY OF THE STATE BOARD OF PHARMACY A REPORT:
   (I)  IDENTIFYING  THE  DRUGS  COMPOUNDED  BY SUCH OUTSOURCING FACILITY
 DURING THE PREVIOUS SIX-MONTH PERIOD; AND
   (II) WITH RESPECT TO EACH DRUG IDENTIFIED UNDER  SUBPARAGRAPH  (I)  OF
 THIS  PARAGRAPH,  PROVIDING  THE  ACTIVE  INGREDIENT; THE SOURCE OF SUCH
 ACTIVE INGREDIENT; THE NATIONAL DRUG CODE NUMBER OF THE SOURCE  DRUG  OR
 BULK  ACTIVE INGREDIENT, IF AVAILABLE; THE STRENGTH OF THE ACTIVE INGRE-
 DIENT PER UNIT; THE DOSAGE FORM AND ROUTE OF ADMINISTRATION; THE PACKAGE
 DESCRIPTION; THE NUMBER OF INDIVIDUAL UNITS PRODUCED; AND  THE  NATIONAL
 DRUG CODE NUMBER OF THE FINAL PRODUCT, IF ASSIGNED.
   F.  CONDUCT  OF  OUTSOURCING  FACILITY.  EVERY OWNER OF AN OUTSOURCING
 FACILITY IS RESPONSIBLE FOR THE STRENGTH, QUALITY, PURITY  AND  LABELING
 THEREOF  OF  ALL COMPOUNDED DRUGS, SUBJECT TO THE GUARANTY PROVISIONS OF
 THIS TITLE AND THIS CHAPTER.  EVERY OUTSOURCING FACILITY SHALL BE  UNDER
 THE  IMMEDIATE  SUPERVISION  AND  MANAGEMENT OF A PHARMACIST LICENSED TO
 PRACTICE IN NEW YORK STATE.
   G. APPLICANT FOR REGISTRATION. AN APPLICANT  FOR  REGISTRATION  OF  AN
 OUTSOURCING  FACILITY SHALL BE OF GOOD MORAL CHARACTER, AS DETERMINED BY
 THE DEPARTMENT. IN THE CASE OF A CORPORATE  APPLICANT,  THE  REQUIREMENT
 SHALL EXTEND TO ALL OFFICERS AND DIRECTORS AND STAKEHOLDERS HAVING A TEN
 PERCENT OR GREATER INTEREST IN THE CORPORATION.
   5.  INSPECTION.  THE  STATE  BOARD OF PHARMACY AND THE DEPARTMENT, AND
 THEIR EMPLOYEES DESIGNATED BY THE COMMISSIONER, SHALL HAVE THE RIGHT  TO
 ENTER  ANY  PHARMACY,  WHOLESALER, MANUFACTURER, OUTSOURCING FACILITY OR
 S. 4007                            340                           A. 3007
 
 VEHICLE AND TO INSPECT, AT REASONABLE TIMES,  SUCH  FACTORY,  WAREHOUSE,
 ESTABLISHMENT  OR VEHICLE AND ALL RECORDS REQUIRED BY THIS TITLE, PERTI-
 NENT EQUIPMENT,  FINISHED  AND  UNFINISHED  MATERIALS,  CONTAINERS,  AND
 LABELS.
   6.  PENALTIES.  A  PHARMACY,  WHOLESALER,  MANUFACTURER OR OUTSOURCING
 FACILITY REGISTERED UNDER THIS SECTION SHALL BE UNDER THE SUPERVISION OF
 THE DEPARTMENT AND SHALL BE  SUBJECT  TO  DISCIPLINARY  PROCEEDINGS  AND
 PENALTIES IN ACCORDANCE WITH SUBTITLE THREE OF TITLE ONE OF THIS ARTICLE
 IN  THE  SAME  MANNER  AND TO THE SAME EXTENT AS INDIVIDUALS AND PROFES-
 SIONAL SERVICE CORPORATIONS WITH RESPECT TO THEIR LICENSES AND REGISTRA-
 TIONS, PROVIDED THAT FAILURE TO COMPLY WITH  THE  REQUIREMENTS  OF  THIS
 SECTION SHALL CONSTITUTE PROFESSIONAL MISCONDUCT.
   7. SALE OF DRUGS AT AUCTION. NO CONTROLLED SUBSTANCE OR SUBSTANCES AND
 NO POISONOUS OR DELETERIOUS DRUGS OR DRUGS IN BULK OR IN OPENED CONTAIN-
 ERS  SHALL BE SOLD AT AUCTION UNLESS THE PLACE WHERE SUCH DRUGS ARE SOLD
 AT AUCTION SHALL HAVE BEEN REGISTERED BY THE BOARD, AND UNLESS SUCH SALE
 SHALL BE UNDER THE PERSONAL SUPERVISION OF A LICENSED PHARMACIST.  DRUGS
 IN  OPEN CONTAINERS SHALL NOT BE SOLD AT AUCTION UNLESS THE SELLER SHALL
 HAVE IN HIS OR HER POSSESSION A CERTIFICATE OF THE  BOARD  SHOWING  THAT
 SUCH  DRUGS HAVE BEEN INSPECTED AND MEET THE REQUIREMENTS OF THIS TITLE.
 IN THE EVENT THAT THE DRUG SO SOLD IS ONE AS TO WHICH THIS TITLE OR  ANY
 FEDERAL  STATUTE  OR ANY REGULATION ADOPTED PURSUANT TO THIS TITLE OR AN
 APPLICABLE FEDERAL STATUTE REQUIRE THAT THE EXPIRATION DATE BE STATED ON
 EACH PACKAGE, SUCH DRUG MAY NOT BE SOLD AT AUCTION AFTER SUCH EXPIRATION
 DATE OR WHEN SUCH EXPIRATION DATE WILL OCCUR WITHIN A PERIOD  OF  THIRTY
 DAYS OR LESS FROM THE DATE OF SALE.
   §  6809. IDENTIFICATION OF PHARMACISTS. EVERY PHARMACIST ON DUTY SHALL
 BE IDENTIFIED BY A BADGE DESIGNED BY THE STATE BOARD OF PHARMACY,  WHICH
 SHALL CONTAIN HIS OR HER NAME AND TITLE.
   §  6809-A.  REGISTRATION OF NONRESIDENT ESTABLISHMENTS. 1. DEFINITION.
 THE TERM "NONRESIDENT ESTABLISHMENT" SHALL MEAN ANY  PHARMACY,  MANUFAC-
 TURER,  WHOLESALER, OR OUTSOURCING FACILITY LOCATED OUTSIDE OF THE STATE
 THAT SHIPS, MAILS OR DELIVERS PRESCRIPTION DRUGS  OR  DEVICES  TO  OTHER
 ESTABLISHMENTS,  AUTHORIZED PRESCRIBERS AND/OR PATIENTS RESIDING IN THIS
 STATE. SUCH ESTABLISHMENTS SHALL INCLUDE, BUT NOT BE LIMITED TO, PHARMA-
 CIES THAT TRANSACT BUSINESS THROUGH THE USE OF THE INTERNET.
   2. REGISTRATION. ALL NONRESIDENT ESTABLISHMENTS THAT  SHIP,  MAIL,  OR
 DELIVER PRESCRIPTION DRUGS AND/OR DEVICES TO OTHER REGISTERED ESTABLISH-
 MENTS,  AUTHORIZED PRESCRIBERS, AND/OR PATIENTS INTO THIS STATE SHALL BE
 REGISTERED WITH THE DEPARTMENT; EXCEPT THAT SUCH REGISTRATION SHALL  NOT
 APPLY  TO  INTRA-COMPANY  TRANSFERS  BETWEEN  ANY  DIVISION,  AFFILIATE,
 SUBSIDIARIES, PARENT OR OTHER ENTITIES UNDER COMPLETE  COMMON  OWNERSHIP
 AND  CONTROL.  THE  PROVISIONS OF THIS SUBDIVISION SHALL APPLY SOLELY TO
 NONRESIDENT ESTABLISHMENTS AND SHALL NOT AFFECT ANY OTHER  PROVISION  OF
 THIS TITLE.
   3.  AGENT  OF RECORD. EACH NONRESIDENT ESTABLISHMENT THAT SHIPS, MAILS
 OR DELIVERS DRUGS AND/OR DEVICES INTO THIS STATE SHALL DESIGNATE A RESI-
 DENT AGENT IN THIS STATE FOR SERVICE OF PROCESS PURSUANT TO  RULE  THREE
 HUNDRED EIGHTEEN OF THE CIVIL PRACTICE LAW AND RULES.
   4.  CONDITIONS  OF  REGISTRATION.  AS  A  CONDITION OF REGISTRATION, A
 NONRESIDENT ESTABLISHMENT SHALL COMPLY WITH THE FOLLOWING REQUIREMENTS:
   A. BE LICENSED AND/OR REGISTERED AND IN GOOD STANDING WITH  THE  STATE
 OF RESIDENCE;
   B.  MAINTAIN,  IN  READILY  RETRIEVABLE  FORM, RECORDS OF DRUGS AND/OR
 DEVICES SHIPPED INTO THIS STATE;
 S. 4007                            341                           A. 3007
 
   C. SUPPLY, UPON REQUEST, ALL INFORMATION NEEDED BY THE  DEPARTMENT  TO
 CARRY OUT THE DEPARTMENT'S RESPONSIBILITIES UNDER THE LAWS AND RULES AND
 REGULATIONS PERTAINING TO NONRESIDENT ESTABLISHMENTS;
   D.  COMPLY WITH ALL STATUTORY AND REGULATORY REQUIREMENTS OF THE STATE
 WHERE THE NONRESIDENT ESTABLISHMENT IS LOCATED, FOR  PRESCRIPTION  DRUGS
 OR DEVICES SHIPPED, MAILED OR DELIVERED INTO THIS STATE, EXCEPT THAT FOR
 CONTROLLED  SUBSTANCES SHIPPED, MAILED OR DELIVERED INTO THIS STATE, THE
 NONRESIDENT PHARMACY SHALL FOLLOW FEDERAL LAW AND NEW YORK LAW  RELATING
 TO CONTROLLED SUBSTANCES;
   E.  THE APPLICATION SHALL BE MADE IN THE MANNER AND FORM PRESCRIBED BY
 THE DEPARTMENT;
   F. THE APPLICATION OF ESTABLISHMENTS TO BE REGISTERED AS A MANUFACTUR-
 ER, WHOLESALER OR OUTSOURCING FACILITY OF DRUGS AND/OR DEVICES SHALL  BE
 ACCOMPANIED BY A FEE AS PROVIDED IN SECTION SIXTY-EIGHT HUNDRED EIGHT OF
 THIS TITLE; AND
   G. THE APPLICATION OF ESTABLISHMENTS TO BE REGISTERED AS A NONRESIDENT
 PHARMACY  SHALL  BE  ACCOMPANIED  BY  A  FEE OF THREE HUNDRED FORTY-FIVE
 DOLLARS AND SHALL BE RENEWED TRIENNIALLY AT A FEE OF TWO  HUNDRED  SIXTY
 DOLLARS.
   5. ADDITIONAL REQUIREMENTS. NONRESIDENT PHARMACIES REGISTERED PURSUANT
 TO THIS SECTION SHALL:
   A.  PROVIDE  A  TOLL-FREE  TELEPHONE  NUMBER  THAT IS AVAILABLE DURING
 NORMAL BUSINESS HOURS AND AT LEAST  FORTY  HOURS  PER  WEEK,  TO  ENABLE
 COMMUNICATION  BETWEEN  A  PATIENT IN THIS STATE AND A PHARMACIST AT THE
 PHARMACY WHO HAS ACCESS TO THE PATIENT'S RECORDS; AND
   B. PLACE SUCH TOLL-FREE TELEPHONE NUMBER ON A LABEL  AFFIXED  TO  EACH
 DRUG OR DEVICE CONTAINER.
   6. DISCIPLINARY ACTION. EXCEPT IN EMERGENCIES THAT CONSTITUTE AN IMME-
 DIATE  THREAT  TO  PUBLIC  HEALTH,  THE DEPARTMENT SHALL NOT PROSECUTE A
 COMPLAINT OR OTHERWISE TAKE FORMAL ACTION AGAINST A  NONRESIDENT  ESTAB-
 LISHMENT BASED UPON DELIVERY OF A DRUG INTO THIS STATE OR A VIOLATION OF
 LAW, RULE, OR REGULATION OF THIS STATE IF THE AGENCY HAVING JURISDICTION
 IN  THE  STATE  WHERE  THE  NONRESIDENT ESTABLISHMENT IS BASED COMMENCES
 ACTION ON THE VIOLATION COMPLAINED OF WITHIN  ONE  HUNDRED  TWENTY  DAYS
 FROM  THE  DATE  THAT THE VIOLATION WAS REPORTED; PROVIDED HOWEVER, THAT
 THE DEPARTMENT MAY PROSECUTE A COMPLAINT OR TAKE FORMAL ACTION AGAINST A
 NONRESIDENT ESTABLISHMENT IF IT DETERMINES THAT THE AGENCY HAVING JURIS-
 DICTION IN THE STATE WHERE THE NONRESIDENT ESTABLISHMENT  IS  BASED  HAS
 UNREASONABLY  DELAYED OR OTHERWISE FAILED TO TAKE PROMPT AND APPROPRIATE
 ACTION ON A REPORTED VIOLATION.
   7. REVOCATION OR SUSPENSION. A NONRESIDENT ESTABLISHMENT THAT FAILS TO
 COMPLY WITH THE REQUIREMENTS OF THIS SECTION SHALL BE SUBJECT TO REVOCA-
 TION OR SUSPENSION OF ITS REGISTRATION AND OTHER APPLICABLE PENALTIES IN
 ACCORDANCE WITH THE PROVISIONS OF SUBTITLE THREE OF TITLE  ONE  OF  THIS
 ARTICLE.
   8. EXCEPTION. THE DEPARTMENT MAY GRANT AN EXCEPTION FROM THE REGISTRA-
 TION  REQUIREMENTS  OF  THIS SECTION ON THE APPLICATION OF A NONRESIDENT
 ESTABLISHMENT THAT RESTRICTS ITS SALE  OR  DISPENSING  OF  DRUGS  AND/OR
 DEVICES TO RESIDENTS OF THIS STATE TO ISOLATED TRANSACTIONS.
   9.  RULES  AND  REGULATIONS. THE DEPARTMENT SHALL PROMULGATE RULES AND
 REGULATIONS TO IMPLEMENT THE PROVISIONS OF THIS SECTION.
   § 6810. PRESCRIPTIONS. 1. NO DRUG FOR WHICH A PRESCRIPTION IS REQUIRED
 BY THE PROVISIONS OF THE FEDERAL FOOD, DRUG AND COSMETIC ACT OR  BY  THE
 COMMISSIONER SHALL BE DISTRIBUTED OR DISPENSED TO ANY PERSON EXCEPT UPON
 A  PRESCRIPTION  WRITTEN  BY  A  PERSON LEGALLY AUTHORIZED TO ISSUE SUCH
 PRESCRIPTION. SUCH DRUG SHALL BE COMPOUNDED OR DISPENSED BY  A  LICENSED
 S. 4007                            342                           A. 3007

 PHARMACIST,  AND NO SUCH DRUG SHALL BE DISPENSED WITHOUT AFFIXING TO THE
 IMMEDIATE CONTAINER IN WHICH THE DRUG IS SOLD OR DISPENSED A LABEL BEAR-
 ING THE NAME AND ADDRESS OF THE OWNER OF THE ESTABLISHMENT IN  WHICH  IT
 WAS DISPENSED, THE DATE COMPOUNDED, THE NUMBER OF THE PRESCRIPTION UNDER
 WHICH IT IS RECORDED IN THE PHARMACIST'S PRESCRIPTION FILES, THE NAME OF
 THE  PRESCRIBER, THE NAME AND ADDRESS OF THE PATIENT, AND THE DIRECTIONS
 FOR THE USE OF THE DRUG BY THE PATIENT AS GIVEN UPON  THE  PRESCRIPTION.
 ALL LABELS SHALL CONFORM TO SUCH RULES AND REGULATIONS AS PROMULGATED BY
 THE  COMMISSIONER PURSUANT TO SECTION SIXTY-EIGHT HUNDRED TWENTY-NINE OF
 THIS TITLE. THE  PRESCRIBING  AND  DISPENSING  OF  A  DRUG  WHICH  IS  A
 CONTROLLED   SUBSTANCE  SHALL  BE  SUBJECT  TO  ADDITIONAL  REQUIREMENTS
 PROVIDED IN ARTICLE THIRTY-THREE OF THIS CHAPTER. THE WORDS  "DRUG"  AND
 "PRESCRIPTION  REQUIRED DRUG" WITHIN THE MEANING OF THIS TITLE SHALL NOT
 BE CONSTRUED TO INCLUDE SOFT OR HARD CONTACT LENSES, EYEGLASSES, OR  ANY
 OTHER DEVICE FOR THE AID OR CORRECTION OF VISION. NOTHING IN THIS SUBDI-
 VISION  SHALL PREVENT A PHARMACY FROM FURNISHING A DRUG TO ANOTHER PHAR-
 MACY WHICH DOES NOT HAVE SUCH DRUG IN STOCK FOR THE PURPOSE OF FILLING A
 PRESCRIPTION.
   2. A. A PRESCRIPTION MAY NOT BE REFILLED UNLESS IT  BEARS  A  CONTRARY
 INSTRUCTION  AND  INDICATES  ON  ITS  FACE THE NUMBER OF TIMES IT MAY BE
 REFILLED. A PRESCRIPTION MAY NOT BE REFILLED MORE TIMES THAN ALLOWED  ON
 THE  PRESCRIPTION.  THE  DATE OF EACH REFILLING MUST BE INDICATED ON THE
 ORIGINAL PRESCRIPTION. PRESCRIPTIONS FOR CONTROLLED SUBSTANCES SHALL  BE
 REFILLED ONLY PURSUANT TO ARTICLE THIRTY-THREE OF THIS CHAPTER.
   B.  A  PHARMACY  REGISTERED  WITH  THE  DEPARTMENT PURSUANT TO SECTION
 SIXTY-EIGHT HUNDRED EIGHT OR SIXTY-EIGHT HUNDRED NINE-A  OF  THIS  TITLE
 MAY  NOT DELIVER A NEW OR REFILLED PRESCRIPTION OFF PREMISES WITHOUT THE
 CONSENT OF THE PATIENT OR AN INDIVIDUAL AUTHORIZED  TO  CONSENT  ON  THE
 PATIENT'S  BEHALF.  FOR  THE  PURPOSES  OF  THIS SECTION, CONSENT MAY BE
 OBTAINED IN THE SAME MANNER AND  PROCESS  BY  WHICH  CONSENT  IS  DEEMED
 ACCEPTABLE UNDER THE FEDERAL MEDICARE PART D PROGRAM.
   C.  PHARMACY  PROVIDERS  WHO  DELIVER  MEDICATION  WITHOUT  PATIENT OR
 AUTHORIZED INDIVIDUAL CONSENT WILL BE REQUIRED TO ACCEPT THE  RETURN  OF
 THE  MEDICATION  FROM  THE  PATIENT, PROVIDE THAT PATIENT CREDIT FOR ANY
 CHARGES THEY MAY HAVE PAID, AND WILL BE REQUIRED TO DESTROY THOSE  MEDI-
 CATIONS  SENT  WITHOUT CONSENT ON DELIVERY IN ACCORDANCE WITH APPLICABLE
 STATE AND FEDERAL LAW. NOTHING IN THIS SECTION SHALL BE DEEMED TO INTER-
 FERE WITH THE REQUIREMENTS FOR REFILL REMINDER OR  MEDICATION  ADHERENCE
 PROGRAMS.    NOTHING  IN  THIS SECTION IS INTENDED TO APPLY TO LONG-TERM
 CARE PHARMACY DISPENSING AND DELIVERY.
   3. A COPY OF A PRESCRIPTION FOR A CONTROLLED SUBSTANCE  SHALL  NOT  BE
 FURNISHED  TO  THE  PATIENT BUT MAY BE FURNISHED TO ANY LICENSED PRACTI-
 TIONER  AUTHORIZED  TO  WRITE  SUCH  PRESCRIPTION.   COPIES   OF   OTHER
 PRESCRIPTIONS  SHALL  BE FURNISHED TO THE PATIENT AT HIS OR HER REQUEST,
 BUT SUCH COPIES ARE ISSUED FOR THE INFORMATIONAL PURPOSES OF  THE  PRES-
 CRIBERS ONLY, AND SHALL BE SO WORDED.
   4.  A.  ORAL  PRESCRIPTIONS  FOR CONTROLLED SUBSTANCES SHALL BE FILLED
 PURSUANT TO ARTICLE THIRTY-THREE OF THIS CHAPTER. A PHARMACIST MAY  FILL
 AN ORAL PRESCRIPTION FOR A DRUG, OTHER THAN A CONTROLLED SUBSTANCE, MADE
 BY  A  PRACTITIONER  LEGALLY  AUTHORIZED  TO  PRESCRIBE DRUGS.   AN ORAL
 AUTHORIZATION  FOR  THE  REFILL  OF  A  PRESCRIPTION,   OTHER   THAN   A
 PRESCRIPTION  FOR  A CONTROLLED SUBSTANCE, MAY BE MADE BY A PRACTITIONER
 LEGALLY AUTHORIZED TO PRESCRIBE DRUGS.   THE PHARMACIST  RECEIVING  SUCH
 ORAL  AUTHORIZATION  FOR THE REFILL OF A PRESCRIPTION SHALL WRITE ON THE
 REVERSE SIDE OF THE ORIGINAL PRESCRIPTION THE DATE, TIME,  AND  NAME  OF
 THE  PRACTITIONER  AUTHORIZING  THE  REFILL OF THE PRESCRIPTION. AN ORAL
 S. 4007                            343                           A. 3007
 
 PRESCRIPTION OR AN ORAL AUTHORIZATION FOR THE REFILL OF  A  PRESCRIPTION
 FOR  THE DRUG, OTHER THAN A CONTROLLED SUBSTANCE, MAY BE COMMUNICATED BY
 AN EMPLOYEE OF THE  PRESCRIBING  PRACTITIONER;  PROVIDED,  HOWEVER,  THE
 PHARMACIST SHALL:
   (I) CONTEMPORANEOUSLY REDUCE SUCH PRESCRIPTION TO WRITING;
   (II)  DISPENSE  THE SUBSTANCE IN CONFORMITY WITH THE LABELING REQUIRE-
 MENTS APPLICABLE TO A WRITTEN PRESCRIPTION; AND
   (III) MAKE A GOOD FAITH EFFORT TO VERIFY THE  EMPLOYEE'S  IDENTITY  IF
 THE EMPLOYEE IS UNKNOWN TO THE PHARMACIST.
   B.  ORAL  PRESCRIPTIONS  FOR  PATIENTS  IN  GENERAL HOSPITALS, NURSING
 HOMES, RESIDENTIAL HEALTH CARE FACILITIES AS DEFINED IN SECTION  TWENTY-
 EIGHT  HUNDRED  ONE OF THIS CHAPTER, HOSPITALS AS DEFINED IN SUBDIVISION
 TEN OF SECTION 1.03 OF THE MENTAL HYGIENE LAW, OR FACILITIES OPERATED BY
 THE OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES, MAY  BE  COMMUNI-
 CATED  TO  A  PHARMACIST  SERVING AS A VENDOR OF PHARMACEUTICAL SERVICES
 BASED UPON A CONTRACTUAL ARRANGEMENT BY AN AGENT DESIGNATED BY AND UNDER
 THE DIRECTION OF THE PRESCRIBER OR THE INSTITUTION. SUCH AGENT SHALL  BE
 A  HEALTH CARE PRACTITIONER CURRENTLY LICENSED AND REGISTERED UNDER THIS
 ARTICLE.
   5. RECORDS OF ALL PRESCRIPTIONS FILLED OR REFILLED SHALL BE MAINTAINED
 FOR A PERIOD OF AT LEAST FIVE YEARS AND UPON REQUEST MADE AVAILABLE  FOR
 INSPECTION  AND  COPYING  BY  A  REPRESENTATIVE  OF THE DEPARTMENT. SUCH
 RECORDS SHALL INDICATE DATE OF  FILLING  OR  REFILLING,  DOCTOR'S  NAME,
 PATIENT'S  NAME  AND  ADDRESS AND THE NAME OR INITIALS OF THE PHARMACIST
 WHO PREPARED, COMPOUNDED, OR  DISPENSED  THE  PRESCRIPTION.  RECORDS  OF
 PRESCRIPTIONS  FOR CONTROLLED SUBSTANCES SHALL BE MAINTAINED PURSUANT TO
 REQUIREMENTS OF ARTICLE THIRTY-THREE OF THIS CHAPTER.
   6. A. EVERY PRESCRIPTION WRITTEN IN THIS STATE BY A PERSON  AUTHORIZED
 TO ISSUE SUCH PRESCRIPTION SHALL BE ON PRESCRIPTION FORMS CONTAINING ONE
 LINE  FOR  THE  PRESCRIBER'S SIGNATURE. THE PRESCRIBER'S SIGNATURE SHALL
 VALIDATE THE PRESCRIPTION.  EVERY ELECTRONIC PRESCRIPTION SHALL  PROVIDE
 FOR  THE  PRESCRIBER'S  ELECTRONIC  SIGNATURE,  WHICH SHALL VALIDATE THE
 ELECTRONIC PRESCRIPTION. IMPRINTED CONSPICUOUSLY ON  EVERY  PRESCRIPTION
 WRITTEN  IN  THIS STATE IN EIGHT-POINT UPPER CASE TYPE IMMEDIATELY BELOW
 THE SIGNATURE LINE SHALL BE THE  WORDS:    "THIS  PRESCRIPTION  WILL  BE
 FILLED  GENERICALLY  UNLESS PRESCRIBER WRITES 'D A W' IN THE BOX BELOW".
 UNLESS THE PRESCRIBER WRITES D A W IN SUCH BOX IN THE  PRESCRIBER'S  OWN
 HANDWRITING  OR,  IN  THE  CASE  OF ELECTRONIC PRESCRIPTIONS, INSERTS AN
 ELECTRONIC DIRECTION TO DISPENSE THE DRUG AS WRITTEN,  THE  PRESCRIBER'S
 SIGNATURE  OR  ELECTRONIC  SIGNATURE SHALL DESIGNATE APPROVAL OF SUBSTI-
 TUTION BY A PHARMACIST OF A DRUG PRODUCT PURSUANT TO  PARAGRAPH  (O)  OF
 SUBDIVISION  ONE  OF  SECTION TWO HUNDRED SIX OF THIS CHAPTER.  NO OTHER
 LETTERS  OR  MARKS  IN  SUCH  BOX  SHALL   PROHIBIT   SUBSTITUTION.   NO
 PRESCRIPTION FORMS USED OR INTENDED TO BE USED BY A PERSON AUTHORIZED TO
 ISSUE A PRESCRIPTION SHALL HAVE 'D A W' PREPRINTED IN SUCH BOX. SUCH BOX
 SHALL  BE  PLACED  DIRECTLY UNDER THE SIGNATURE LINE AND SHALL BE THREE-
 QUARTERS INCH IN LENGTH AND ONE-HALF INCH IN HEIGHT,  OR  IN  COMPARABLE
 FORM FOR AN ELECTRONIC PRESCRIPTION AS MAY BE SPECIFIED BY REGULATION OF
 THE  COMMISSIONER.  IMMEDIATELY BELOW SUCH BOX SHALL BE IMPRINTED IN SIX
 POINT TYPE THE WORDS "DISPENSE AS WRITTEN".  NOTWITHSTANDING  ANY  OTHER
 PROVISION OF LAW, NO STATE OFFICIAL, AGENCY, BOARD OR OTHER ENTITY SHALL
 PROMULGATE  ANY  REGULATION OR GUIDELINE MODIFYING THOSE ELEMENTS OF THE
 PRESCRIPTION FORM'S CONTENTS SPECIFIED IN  THIS  SUBDIVISION.    TO  THE
 EXTENT  OTHERWISE  PERMITTED  BY LAW, A PRESCRIBER MAY MODIFY ONLY THOSE
 ELEMENTS OF THE PRESCRIPTION  FORM'S  CONTENTS  NOT  SPECIFIED  IN  THIS
 SUBDIVISION.  NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION OR ANY
 S. 4007                            344                           A. 3007
 
 OTHER  LAW, WHEN A GENERIC DRUG IS NOT AVAILABLE AND THE BRAND NAME DRUG
 ORIGINALLY PRESCRIBED IS AVAILABLE AND THE PHARMACIST AGREES TO DISPENSE
 THE BRAND NAME PRODUCT FOR A PRICE THAT WILL NOT EXCEED THE  PRICE  THAT
 WOULD  HAVE  BEEN  CHARGED FOR THE GENERIC SUBSTITUTE HAD IT BEEN AVAIL-
 ABLE, SUBSTITUTION OF A GENERIC DRUG PRODUCT WILL NOT  BE  REQUIRED.  IF
 THE  GENERIC DRUG PRODUCT IS NOT AVAILABLE AND A MEDICAL EMERGENCY SITU-
 ATION, WHICH FOR PURPOSES OF THIS SECTION IS DEFINED  AS  ANY  CONDITION
 REQUIRING  ALLEVIATION  OF SEVERE PAIN OR WHICH THREATENS TO CAUSE DISA-
 BILITY OR TAKE LIFE IF NOT PROMPTLY TREATED, EXISTS, THEN THE PHARMACIST
 MAY DISPENSE THE BRAND NAME PRODUCT AT HIS OR HER REGULAR PRICE. IN SUCH
 INSTANCES THE PHARMACIST MUST RECORD THE DATE, HOUR AND  NATURE  OF  THE
 MEDICAL EMERGENCY ON THE BACK OF THE PRESCRIPTION AND KEEP A COPY OF ALL
 SUCH PRESCRIPTIONS.
   B.  THE  PRESCRIBER  SHALL  INFORM  THE  PATIENT WHETHER HE OR SHE HAS
 PRESCRIBED A BRAND NAME OR ITS GENERIC EQUIVALENT DRUG PRODUCT.
   C. THE PROVISIONS OF THIS SUBDIVISION SHALL NOT APPLY TO A HOSPITAL AS
 DEFINED IN ARTICLE TWENTY-EIGHT OF THIS CHAPTER.
   D. NO PRESCRIBER SHALL BE SUBJECTED TO CIVIL LIABILITY ARISING  SOLELY
 FROM  AUTHORIZING, IN ACCORDANCE WITH THIS SUBDIVISION, THE SUBSTITUTION
 BY A PHARMACIST OF A DRUG PRODUCT PURSUANT TO PARAGRAPH (O) OF  SUBDIVI-
 SION ONE OF SECTION TWO HUNDRED SIX OF THIS CHAPTER.
   7.  A.  NO  PRESCRIPTION  FOR A DRUG WRITTEN IN THIS STATE BY A PERSON
 AUTHORIZED TO ISSUE SUCH PRESCRIPTION SHALL BE ON  A  PRESCRIPTION  FORM
 WHICH  AUTHORIZES  THE  DISPENSING  OR COMPOUNDING OF ANY OTHER DRUG. NO
 DRUG SHALL BE DISPENSED BY A  PHARMACIST  WHEN  SUCH  PRESCRIPTION  FORM
 INCLUDES ANY OTHER DRUG.
   B.  WITH  RESPECT  TO  DRUGS  OTHER  THAN  CONTROLLED  SUBSTANCES, THE
 PROVISIONS OF THIS SUBDIVISION SHALL NOT APPLY TO  PHARMACISTS  EMPLOYED
 BY  OR  PROVIDING  SERVICES UNDER CONTRACT TO GENERAL HOSPITALS, NURSING
 HOMES, RESIDENTIAL HEALTH CARE FACILITIES AS DEFINED IN SECTION  TWENTY-
 EIGHT  HUNDRED  ONE OF THIS CHAPTER, HOSPITALS AS DEFINED IN SUBDIVISION
 TEN OF SECTION 1.03 OF THE MENTAL HYGIENE LAW, OR FACILITIES OPERATED BY
 THE OFFICE FOR PEOPLE  WITH  DEVELOPMENTAL  DISABILITIES,  WHO  DISPENSE
 DRUGS  IN  THE  COURSE  OF SAID EMPLOYMENT OR IN THE COURSE OF PROVIDING
 SUCH SERVICES UNDER CONTRACT. WITH RESPECT  TO  SUCH  PHARMACISTS,  EACH
 PRESCRIPTION  SHALL  BE  TRANSCRIBED  ON A PATIENT SPECIFIC PRESCRIPTION
 FORM.
   8. EVERY PRESCRIPTION, WHETHER OR  NOT  FOR  A  CONTROLLED  SUBSTANCE,
 WRITTEN  IN THIS STATE BY A PERSON AUTHORIZED TO ISSUE SUCH PRESCRIPTION
 AND CONTAINING THE PRESCRIBER'S SIGNATURE SHALL,  IN  ADDITION  TO  SUCH
 SIGNATURE,  BE  IMPRINTED  OR STAMPED LEGIBLY AND CONSPICUOUSLY WITH THE
 PRINTED NAME OF THE PRESCRIBER WHO  HAS  SIGNED  THE  PRESCRIPTION.  THE
 IMPRINTED  OR  STAMPED NAME OF THE SIGNING PRESCRIBER SHALL APPEAR IN AN
 APPROPRIATE LOCATION ON THE PRESCRIPTION FORM AND SHALL NOT  BE  ENTERED
 IN  OR  UPON  ANY SPACE OR LINE RESERVED FOR THE PRESCRIBER'S SIGNATURE.
 THE IMPRINTED OR STAMPED NAME SHALL NOT BE EMPLOYED AS A SUBSTITUTE FOR,
 OR  FULFILL  ANY  LEGAL  REQUIREMENT  OTHERWISE   MANDATING   THAT   THE
 PRESCRIPTION BE SIGNED BY THE PRESCRIBER.
   9.  NO  PERSON, CORPORATION, ASSOCIATION OR OTHER ENTITY, NOT LICENSED
 TO ISSUE A PRESCRIPTION PURSUANT TO THIS ARTICLE, SHALL WILLFULLY  CAUSE
 PRESCRIPTION  FORMS,  BLANKS OR FACSIMILES THEREOF TO BE DISSEMINATED TO
 ANY PERSON OTHER THAN A PERSON WHO IS LICENSED TO ISSUE  A  PRESCRIPTION
 PURSUANT  TO  THIS  ARTICLE.  A VIOLATION OF THIS SUBDIVISION SHALL BE A
 CLASS B MISDEMEANOR PUNISHABLE IN ACCORDANCE WITH THE PROVISIONS OF  THE
 PENAL LAW.
 S. 4007                            345                           A. 3007
 
   10.  NOTWITHSTANDING  ANY OTHER PROVISION OF THIS SECTION OR ANY OTHER
 LAW TO THE CONTRARY, EFFECTIVE THREE YEARS SUBSEQUENT  TO  THE  DATE  ON
 WHICH  REGULATIONS  ESTABLISHING  STANDARDS FOR ELECTRONIC PRESCRIPTIONS
 ARE PROMULGATED BY THE COMMISSIONER PURSUANT  TO  SUBDIVISION  THREE  OF
 SECTION  TWO  HUNDRED  EIGHTY-ONE OF THIS CHAPTER, NO PRACTITIONER SHALL
 ISSUE ANY PRESCRIPTION IN THIS STATE, UNLESS SUCH PRESCRIPTION  IS  MADE
 BY  ELECTRONIC  PRESCRIPTION FROM THE PRACTITIONER TO A PHARMACY, EXCEPT
 FOR PRESCRIPTIONS: A. ISSUED BY VETERINARIANS; B. ISSUED OR DISPENSED IN
 CIRCUMSTANCES WHERE ELECTRONIC  PRESCRIBING  IS  NOT  AVAILABLE  DUE  TO
 TEMPORARY  TECHNOLOGICAL  OR  ELECTRICAL  FAILURE, AS SET FORTH IN REGU-
 LATION; C.  ISSUED BY PRACTITIONERS WHO HAVE  RECEIVED  A  WAIVER  OR  A
 RENEWAL  THEREOF  FOR A SPECIFIED PERIOD DETERMINED BY THE COMMISSIONER,
 NOT TO EXCEED ONE YEAR, FROM THE REQUIREMENT TO USE ELECTRONIC PRESCRIB-
 ING, PURSUANT TO A PROCESS ESTABLISHED IN REGULATION BY THE COMMISSIONER
 DUE TO ECONOMIC HARDSHIP, TECHNOLOGICAL LIMITATIONS THAT ARE NOT REASON-
 ABLY WITHIN THE  CONTROL  OF  THE  PRACTITIONER,  OR  OTHER  EXCEPTIONAL
 CIRCUMSTANCE  DEMONSTRATED  BY  THE PRACTITIONER; D. ISSUED BY A PRACTI-
 TIONER UNDER CIRCUMSTANCES  WHERE,  NOTWITHSTANDING  THE  PRACTITIONER'S
 PRESENT  ABILITY  TO MAKE AN ELECTRONIC PRESCRIPTION AS REQUIRED BY THIS
 SUBDIVISION, SUCH PRACTITIONER REASONABLY DETERMINES THAT  IT  WOULD  BE
 IMPRACTICAL FOR THE PATIENT TO OBTAIN SUBSTANCES PRESCRIBED BY ELECTRON-
 IC  PRESCRIPTION  IN  A  TIMELY  MANNER,  AND SUCH DELAY WOULD ADVERSELY
 IMPACT  THE  PATIENT'S  MEDICAL  CONDITION,  PROVIDED   THAT   IF   SUCH
 PRESCRIPTION  IS  FOR A CONTROLLED SUBSTANCE, THE QUANTITY THAT DOES NOT
 EXCEED A FIVE-DAY SUPPLY IF THE CONTROLLED SUBSTANCE WAS USED IN ACCORD-
 ANCE WITH THE DIRECTIONS FOR USE; OR E.  ISSUED BY A PRACTITIONER TO  BE
 DISPENSED BY A PHARMACY LOCATED OUTSIDE THE STATE, AS SET FORTH IN REGU-
 LATION.
   10-A.  A  PHARMACY  THAT  RECEIVES AN ELECTRONIC PRESCRIPTION FROM THE
 PERSON ISSUING THE PRESCRIPTION MAY, IF THE PRESCRIPTION  HAS  NOT  BEEN
 DISPENSED  AND  AT  THE REQUEST OF THE PATIENT OR A PERSON AUTHORIZED TO
 MAKE THE REQUEST ON BEHALF  OF  THE  PATIENT,  IMMEDIATELY  TRANSFER  OR
 FORWARD  SUCH  PRESCRIPTION TO AN ALTERNATIVE PHARMACY DESIGNATED BY THE
 REQUESTING PARTY.
   11. IN THE CASE OF A PRESCRIPTION ISSUED BY A PRACTITIONER UNDER PARA-
 GRAPH B OF SUBDIVISION TEN OF THIS SECTION, THE  PRACTITIONER  SHALL  BE
 REQUIRED   TO   INDICATE   IN  THE  PATIENT'S  HEALTH  RECORD  THAT  THE
 PRESCRIPTION WAS ISSUED OTHER THAN ELECTRONICALLY DUE TO TEMPORARY TECH-
 NOLOGICAL OR ELECTRICAL FAILURE.
   12. IN THE CASE OF A PRESCRIPTION ISSUED BY A PRACTITIONER UNDER PARA-
 GRAPH D OR E OF SUBDIVISION TEN OF THIS SECTION, THE PRACTITIONER SHALL,
 UPON ISSUING SUCH PRESCRIPTION, INDICATE IN THE PATIENT'S HEALTH  RECORD
 EITHER  THAT  THE  PRESCRIPTION  WAS  ISSUED  OTHER  THAN ELECTRONICALLY
 BECAUSE IT: A. WAS IMPRACTICAL TO ISSUE AN ELECTRONIC PRESCRIPTION IN  A
 TIMELY MANNER AND SUCH DELAY WOULD HAVE ADVERSELY IMPACTED THE PATIENT'S
 MEDICAL  CONDITION,  OR  B.  WAS  TO  BE DISPENSED BY A PHARMACY LOCATED
 OUTSIDE THE STATE.
   13. THE WAIVER PROCESS ESTABLISHED IN REGULATION PURSUANT TO PARAGRAPH
 C OF SUBDIVISION TEN OF THIS SECTION SHALL PROVIDE THAT  A  PRACTITIONER
 PRESCRIBING UNDER A WAIVER MUST NOTIFY THE DEPARTMENT IN WRITING PROMPT-
 LY UPON GAINING THE CAPABILITY TO USE ELECTRONIC PRESCRIBING, AND THAT A
 WAIVER SHALL TERMINATE WITHIN A SPECIFIED PERIOD OF TIME AFTER THE PRAC-
 TITIONER GAINS SUCH CAPABILITY.
   14.  NOTWITHSTANDING  ANY  OTHER  PROVISION OF LAW TO THE CONTRARY, NO
 OUTSOURCING FACILITY MAY DISTRIBUTE OR DISPENSE ANY DRUG TO  ANY  PERSON
 PURSUANT TO A PRESCRIPTION UNLESS IT IS ALSO REGISTERED AS A PHARMACY IN
 S. 4007                            346                           A. 3007
 
 THIS  STATE  AND  MEETS ALL OTHER APPLICABLE REQUIREMENTS OF FEDERAL AND
 STATE LAW.
   15.  NOTWITHSTANDING ANY OTHER PROVISIONS OF THIS SECTION OR ANY OTHER
 LAW TO THE CONTRARY, A PRACTITIONER  SHALL  NOT  BE  REQUIRED  TO  ISSUE
 PRESCRIPTIONS  ELECTRONICALLY  IF HE OR SHE CERTIFIES TO THE DEPARTMENT,
 IN A MANNER SPECIFIED BY THE DEPARTMENT, THAT HE OR SHE WILL  NOT  ISSUE
 MORE  THAN  TWENTY-FIVE  PRESCRIPTIONS  DURING  A  TWELVE-MONTH  PERIOD.
 PRESCRIPTIONS  IN  BOTH  ORAL  AND  WRITTEN  FORM  FOR  BOTH  CONTROLLED
 SUBSTANCES  AND NON-CONTROLLED SUBSTANCES SHALL BE INCLUDED IN DETERMIN-
 ING WHETHER  THE  PRACTITIONER  WILL  REACH  THE  LIMIT  OF  TWENTY-FIVE
 PRESCRIPTIONS.
   A.  A  CERTIFICATION SHALL BE SUBMITTED IN ADVANCE OF THE TWELVE-MONTH
 CERTIFICATION PERIOD, EXCEPT THAT A TWELVE-MONTH CERTIFICATION SUBMITTED
 ON OR BEFORE JULY FIRST, TWO THOUSAND SIXTEEN, MAY BEGIN  MARCH  TWENTY-
 SEVENTH, TWO THOUSAND SIXTEEN.
   B.  A PRACTITIONER WHO HAS MADE A CERTIFICATION UNDER THIS SUBDIVISION
 MAY SUBMIT AN ADDITIONAL CERTIFICATION ON OR BEFORE  THE  EXPIRATION  OF
 THE  CURRENT  TWELVE-MONTH  CERTIFICATION PERIOD, FOR A MAXIMUM OF THREE
 TWELVE-MONTH CERTIFICATIONS.
   C. A PRACTITIONER MAY MAKE  A  CERTIFICATION  UNDER  THIS  SUBDIVISION
 REGARDLESS  OF  WHETHER HE OR SHE HAS PREVIOUSLY RECEIVED A WAIVER UNDER
 PARAGRAPH C OF SUBDIVISION TEN OF THIS SECTION.
   § 6811. MISDEMEANORS. IT SHALL BE A CLASS A MISDEMEANOR FOR:
   1. ANY PERSON KNOWINGLY OR  INTENTIONALLY  TO  PREVENT  OR  REFUSE  TO
 PERMIT ANY BOARD MEMBER OR DEPARTMENT REPRESENTATIVE TO ENTER A PHARMACY
 OR ANY OTHER ESTABLISHMENT FOR THE PURPOSE OF LAWFUL INSPECTION;
   2.  ANY PERSON WHOSE LICENSE HAS BEEN REVOKED TO REFUSE TO DELIVER THE
 LICENSE;
   3. ANY PHARMACIST TO DISPLAY HIS OR HER LICENSE OR  PERMIT  IT  TO  BE
 DISPLAYED  IN A PHARMACY OF WHICH HE OR SHE IS NOT THE OWNER OR IN WHICH
 HE OR SHE IS NOT EMPLOYED, OR ANY OWNER TO FAIL TO DISPLAY IN HIS OR HER
 PHARMACY THE LICENSE OF THE PHARMACIST EMPLOYED IN SUCH PHARMACY;
   4. ANY HOLDER OF A LICENSE TO FAIL TO DISPLAY THE LICENSE;
   5. ANY OWNER OF A PHARMACY TO DISPLAY OR PERMIT TO BE DISPLAYED IN HIS
 OR HER PHARMACY THE LICENSE OF ANY PHARMACIST NOT EMPLOYED IN SUCH PHAR-
 MACY;
   6. ANY PERSON TO CARRY ON, CONDUCT OR TRANSACT BUSINESS UNDER  A  NAME
 WHICH  CONTAINS  AS A PART THEREOF THE WORDS "DRUGS", "MEDICINES", "DRUG
 STORE", "APOTHECARY", OR "PHARMACY", OR SIMILAR TERMS OR COMBINATION  OF
 TERMS,  OR  IN  ANY  MANNER  BY ADVERTISEMENT, CIRCULAR, POSTER, SIGN OR
 OTHERWISE DESCRIBE OR REFER TO THE PLACE OF BUSINESS CONDUCTED  BY  SUCH
 PERSON,  OR  DESCRIBE  THE  TYPE OF SERVICE OR CLASS OF PRODUCTS SOLD BY
 SUCH PERSON, BY THE TERMS "DRUGS", "MEDICINE",  "DRUG  STORE",  "APOTHE-
 CARY",  OR  "PHARMACY",  UNLESS  THE PLACE OF BUSINESS SO CONDUCTED IS A
 PHARMACY LICENSED BY THE DEPARTMENT;
   7. ANY PERSON TO ENTER INTO AN AGREEMENT WITH  A  PHYSICIAN,  DENTIST,
 PODIATRIST  OR  VETERINARIAN FOR THE COMPOUNDING OR DISPENSING OF SECRET
 FORMULA (CODED) PRESCRIPTIONS;
   8. ANY PERSON TO MANUFACTURE, SELL, DELIVER FOR SALE, HOLD FOR SALE OR
 OFFER FOR SALE OF ANY DRUG, DEVICE OR COSMETIC THAT  IS  ADULTERATED  OR
 MISBRANDED;
   9. ANY PERSON TO ADULTERATE OR MISBRAND ANY DRUG, DEVICE OR COSMETIC;
   10.  ANY  PERSON  TO  RECEIVE IN COMMERCE ANY DRUG, DEVICE OR COSMETIC
 THAT IS ADULTERATED OR MISBRANDED, AND TO DELIVER  OR  PROFFER  DELIVERY
 THEREOF FOR PAY OR OTHERWISE;
 S. 4007                            347                           A. 3007
 
   11.  ANY PERSON TO SELL, DELIVER FOR SALE, HOLD FOR SALE, OR OFFER FOR
 SALE ANY DRUG, DEVICE OR COSMETIC IN VIOLATION OF THIS TITLE;
   12. ANY PERSON TO DISSEMINATE ANY FALSE ADVERTISEMENT;
   13.  ANY  PERSON TO REFUSE TO PERMIT ENTRY OR INSPECTION AS AUTHORIZED
 BY THIS TITLE;
   14. ANY PERSON TO FORGE, COUNTERFEIT, SIMULATE, OR FALSELY  REPRESENT,
 OR  WITHOUT  PROPER AUTHORITY USING ANY MARK, STAMP, TAG, LABEL OR OTHER
 IDENTIFICATION DEVICE AUTHORIZED OR REQUIRED BY  RULES  AND  REGULATIONS
 PROMULGATED UNDER THE PROVISIONS OF THIS TITLE;
   15.  ANY  PERSON TO USE FOR HIS OR HER OWN ADVANTAGE, OR REVEAL, OTHER
 THAN TO THE COMMISSIONER OR HIS OR HER DULY  AUTHORIZED  REPRESENTATIVE,
 OR  TO  THE  COURTS WHEN RELEVANT IN ANY JUDICIAL PROCEEDINGS UNDER THIS
 TITLE, ANY  INFORMATION  ACQUIRED  UNDER  AUTHORITY  OF  THIS  TITLE  OR
 CONCERNING ANY METHOD OR PROCESS, WHICH IS A TRADE SECRET;
   16.  ANY  PERSON TO ALTER, MUTILATE, DESTROY, OBLITERATE OR REMOVE THE
 WHOLE OR ANY PART OF THE LABELING OF, OR THE DOING OF ANY OTHER ACT WITH
 RESPECT TO A DRUG, DEVICE, OR COSMETIC, IF SUCH ACT IS DONE  WHILE  SUCH
 ARTICLE IS HELD FOR SALE AND RESULTS IN SUCH ARTICLE BEING MISBRANDED;
   17. ANY PERSON TO VIOLATE ANY OF THE PROVISIONS OF SECTION SIXTY-EIGHT
 HUNDRED TEN OF THIS TITLE;
   18. ANY PERSON TO VIOLATE ANY OF THE PROVISIONS OF SECTION SIXTY-EIGHT
 HUNDRED SIXTEEN OF THIS TITLE;
   19.  ANY PERSON, TO SELL AT RETAIL OR GIVE AWAY IN TABLET FORM BICHLO-
 RIDE OF MERCURY, MERCURIC CHLORIDE OR CORROSIVE SUBLIMATE,  UNLESS  SUCH
 BICHLORIDE OF MERCURY, MERCURIC CHLORIDE OR CORROSIVE SUBLIMATE, WHEN SO
 SOLD,  OR GIVEN AWAY, SHALL CONFORM TO THE PROVISIONS OF NATIONAL FORMU-
 LARY XII. NOTHING CONTAINED IN THIS  PARAGRAPH  SHALL  BE  CONSTRUED  TO
 PROHIBIT  THE  SALE AND DISPENSING OF BICHLORIDE OF MERCURY IN ANY FORM,
 SHAPE, OR COLOR, WHEN COMBINED OR COMPOUNDED  WITH  ONE  OR  MORE  OTHER
 DRUGS  OR  EXCIPIENTS,  FOR THE PURPOSES OF INTERNAL MEDICATION ONLY, OR
 WHEN SOLD IN BULK IN POWDER FORM, OR TO ANY PREPARATION CONTAINING  ONE-
 TENTH OF A GRAIN OR LESS OF BICHLORIDE OF MERCURY;
   20. ANY PHARMACY TO FAIL TO PROPERLY POST THE LIST REQUIRED BY SECTION
 SIXTY-EIGHT HUNDRED TWENTY-SIX OF THIS TITLE;
   21.  ANY PHARMACY TO CHANGE ITS CURRENT SELLING PRICE WITHOUT CHANGING
 THE LISTED PRICE AS PROVIDED BY SECTION SIXTY-EIGHT  HUNDRED  TWENTY-SIX
 OF THIS TITLE;
   22.  ANY PERSON TO REFUSE TO PERMIT ACCESS TO OR COPYING OF ANY RECORD
 AS REQUIRED BY THIS TITLE;
   23. ANY MANUFACTURER TO SELL OR OFFER FOR SALE ANY DRUG  NOT  MANUFAC-
 TURED,  PREPARED OR COMPOUNDED UNDER THE PERSONAL SUPERVISION OF A CHEM-
 IST OR LICENSED PHARMACIST OR NOT LABELED WITH  THE  FULL  NAME  OF  THE
 MANUFACTURER OR SELLER; OR
   24. ANY OUTSOURCING FACILITY TO SELL OR OFFER TO SELL ANY DRUG THAT IS
 NOT BOTH COMPOUNDED UNDER THE PERSONAL SUPERVISION OF A LICENSED PHARMA-
 CIST AND LABELED WITH THE FULL NAME OF THE OUTSOURCING FACILITY.
   §  6812.  SPECIAL  PROVISIONS.  1.  WHERE  ANY PHARMACY, MANUFACTURER,
 WHOLESALER OR OUTSOURCING  FACILITY  REGISTERED  BY  THE  DEPARTMENT  IS
 DAMAGED  BY  FIRE  THE BOARD SHALL BE NOTIFIED WITHIN A PERIOD OF FORTY-
 EIGHT HOURS, AND THE BOARD SHALL HAVE POWER TO  IMPOUND  ALL  DRUGS  FOR
 ANALYSIS  AND  CONDEMNATION, IF FOUND UNFIT FOR USE. WHERE A PHARMACY IS
 DISCONTINUED, THE OWNER OF ITS PRESCRIPTION  RECORDS  SHALL  NOTIFY  THE
 DEPARTMENT AS TO THE DISPOSITION OF SAID PRESCRIPTION RECORDS, AND IN NO
 CASE  SHALL  RECORDS  BE  SOLD  OR  GIVEN  AWAY TO A PERSON WHO DOES NOT
 CURRENTLY POSSESS A REGISTRATION TO OPERATE A PHARMACY.
 S. 4007                            348                           A. 3007

   2. NOTHING IN THIS TITLE SHALL BE CONSTRUED AS  REQUIRING  THE  PROSE-
 CUTION OR THE INSTITUTION OF INJUNCTION PROCEEDINGS FOR MINOR VIOLATIONS
 OF  THIS TITLE WHENEVER THE PUBLIC INTEREST WILL BE ADEQUATELY SERVED BY
 A SUITABLE WRITTEN NOTICE OF WARNING.
   3.  THE  EXECUTIVE SECRETARY OF THE STATE BOARD OF PHARMACY IS AUTHOR-
 IZED TO CONDUCT EXAMINATIONS AND INVESTIGATIONS FOR THE PURPOSES OF THIS
 TITLE THROUGH OFFICERS AND EMPLOYEES OF THE UNITED  STATES,  OR  THROUGH
 ANY  HEALTH,  FOOD,  OR  DRUG OFFICER OR EMPLOYEE OF ANY CITY, COUNTY OR
 OTHER POLITICAL SUBDIVISION OF THIS STATE.
   § 6813. SEIZURE. 1. ANY DRUG, DEVICE OR COSMETIC THAT IS  ADULTERATED,
 MISBRANDED  OR MAY NOT BE SOLD UNDER THE PROVISIONS OF THIS CHAPTER, MAY
 BE SEIZED ON PETITION OR COMPLAINT OF THE BOARD  AND  CONDEMNED  IN  THE
 SUPREME COURT OF ANY COUNTY IN WHICH IT IS FOUND. SEIZURE SHALL BE MADE:
   A. BY PROCESS PURSUANT TO THE PETITION OR COMPLAINT, OR
   B.  IF  THE  SECRETARY  OR  OTHER OFFICER DESIGNATED BY HIM OR HER HAS
 PROBABLE CAUSE TO BELIEVE THAT THE ARTICLE:
   (I) IS ADULTERATED; OR
   (II) IS SO MISBRANDED AS TO BE DANGEROUS TO HEALTH. THE ARTICLE  SHALL
 BE SEIZED BY ORDER OF SUCH OFFICER. THE ORDER SHALL DESCRIBE THE ARTICLE
 TO BE SEIZED, THE PLACE WHERE THE ARTICLE IS LOCATED, AND THE OFFICER OR
 EMPLOYEE  MAKING  THE  SEIZURE.    THE OFFICER, IN LIEU OF TAKING ACTUAL
 POSSESSION, MAY AFFIX A TAG OR OTHER APPROPRIATE MARKING TO THE  ARTICLE
 GIVING  NOTICE  THAT  THE  ARTICLE  HAS BEEN QUARANTINED AND WARNING ALL
 PERSONS NOT TO REMOVE OR DISPOSE  OF  IT  BY  SALE  OR  OTHERWISE  UNTIL
 PERMISSION FOR REMOVAL OR DISPOSAL IS GIVEN BY THE OFFICER OR THE COURT.
 IN CASE OF SEIZURES OR QUARANTINE, PURSUANT TO SUCH ORDER, THE JURISDIC-
 TION  OF  SUCH COURT SHALL ATTACH UPON SUCH SEIZURE OR QUARANTINE, AND A
 PETITION OR COMPLAINT FOR CONDEMNATION SHALL BE FILED PROMPTLY.
   2. THE PROCEDURE FOR CASES UNDER THIS SECTION SHALL CONFORM AS MUCH AS
 POSSIBLE TO THE PROCEDURE FOR ATTACHMENT. ANY ISSUE OF  FACT  JOINED  IN
 ANY  CASE  UNDER  THIS  SECTION  SHALL BE TRIED BY JURY ON THE DEMAND OF
 EITHER PARTY. THE COURT AT ANY TIME AFTER SEIZURE AND UP TO THE TIME  OF
 TRIAL  SHALL ALLOW BY ORDER ANY PARTY OR HIS OR HER AGENT OR ATTORNEY TO
 OBTAIN A REPRESENTATIVE SAMPLE OF THE CONDEMNED MATERIAL, A TRUE COPY OF
 THE ANALYSIS ON WHICH THE PROCEEDING  WAS  BASED,  AND  THE  IDENTIFYING
 MARKS  OR  NUMBERS,  IF  ANY,  ON  THE  PACKAGES  FROM WHICH THE SAMPLES
 ANALYZED WERE OBTAINED.
   3. ANY DRUG, DEVICE OR COSMETIC CONDEMNED UNDER THIS SECTION SHALL  BE
 DISPOSED  OF  BY  DESTRUCTION  OR SALE AS THE COURT MAY DIRECT AFTER THE
 DECREE IN ACCORDANCE WITH THE PROVISIONS OF THIS SECTION.  THE  PROCEEDS
 OF  THE  SALE,  IF  ANY,  SHALL  BE  PAID  INTO THE STATE TREASURY AFTER
 DEDUCTION FOR LEGAL COSTS AND CHARGES.  HOWEVER,  THE  DRUG,  DEVICE  OR
 COSMETIC  SHALL  NOT  BE  SOLD CONTRARY TO THE PROVISIONS OF THIS TITLE.
 AFTER ENTRY OF THE DECREE, IF THE OWNER OF THE CONDEMNED  ARTICLES  PAYS
 THE COSTS OF THE PROCEEDING AND POSTS A SUFFICIENT BOND AS SECURITY THAT
 THE  ARTICLES WILL NOT BE DISPOSED OF CONTRARY TO THE PROVISIONS OF THIS
 TITLE, THE COURT MAY BY ORDER DIRECT THAT THE SEIZED ARTICLES BE  DELIV-
 ERED  TO THE OWNER TO BE DESTROYED OR BROUGHT INTO CONFORMANCE WITH THIS
 TITLE UNDER SUPERVISION OF THE SECRETARY.   THE EXPENSES OF  THE  SUPER-
 VISION  SHALL  BE  BORNE BY THE PERSON OBTAINING THE RELEASE UNDER BOND.
 ANY DRUG CONDEMNED BY REASON OF ITS BEING A NEW DRUG WHICH  MAY  NOT  BE
 SOLD UNDER THIS TITLE SHALL BE DISPOSED OF BY DESTRUCTION.
   4.  WHEN  THE DECREE OF CONDEMNATION IS ENTERED, COURT COSTS AND FEES,
 STORAGE AND OTHER EXPENSE SHALL BE AWARDED AGAINST THE PERSON,  IF  ANY,
 INTERVENING AS CLAIMANT OF THE CONDEMNED ARTICLES.
 S. 4007                            349                           A. 3007
 
   5.  IN ANY PROCEEDING AGAINST THE BOARD, OR THE SECRETARY, OR AN AGENT
 OF EITHER, BECAUSE OF SEIZURE, OR QUARANTINE, UNDER  THIS  SECTION,  THE
 BOARD,  OR THE SECRETARY, OR SUCH AGENT SHALL NOT BE LIABLE IF THE COURT
 FINDS THAT THERE WAS PROBABLE CAUSE FOR THE ACTS DONE BY THEM.
   §  6814.  RECORDS OF SHIPMENT. FOR THE PURPOSE OF ENFORCING PROVISIONS
 OF THIS TITLE, CARRIERS  ENGAGED  IN  COMMERCE,  AND  PERSONS  RECEIVING
 DRUGS,  DEVICES  OR  COSMETICS  IN  COMMERCE OR HOLDING SUCH ARTICLES SO
 RECEIVED, SHALL, UPON THE REQUEST OF AN OFFICER  DULY  ASSIGNED  BY  THE
 SECRETARY,  PERMIT  SUCH OFFICER, AT REASONABLE TIMES, TO HAVE ACCESS TO
 AND TO COPY ALL RECORDS SHOWING THE MOVEMENT IN COMMERCE  OF  ANY  DRUG,
 DEVICE  OR  COSMETIC,  OR THE HOLDING THEREOF DURING OR AFTER SUCH MOVE-
 MENT, AND THE QUANTITY, SHIPPER, AND CONSIGNEE THEREOF; AND IT SHALL  BE
 UNLAWFUL FOR ANY SUCH CARRIER OR PERSON TO FAIL TO PERMIT SUCH ACCESS TO
 AND  COPYING OF ANY SUCH RECORD SO REQUESTED WHEN SUCH REQUEST IS ACCOM-
 PANIED BY A STATEMENT IN WRITING SPECIFYING THE NATURE OR KIND OF  DRUG,
 DEVICE  OR  COSMETIC  TO  WHICH  SUCH  REQUEST  RELATES;  PROVIDED, THAT
 EVIDENCE OBTAINED UNDER THIS SECTION SHALL NOT BE  USED  IN  A  CRIMINAL
 PROSECUTION  OF  THE  PERSON  FROM WHOM OBTAINED; PROVIDED FURTHER, THAT
 CARRIERS SHALL NOT BE SUBJECT TO THE OTHER PROVISIONS OF THIS  TITLE  BY
 REASON OF THEIR RECEIPT, CARRIAGE, HOLDING OR DELIVERY OF DRUGS, DEVICES
 OR COSMETICS IN THE USUAL COURSE OF BUSINESS AS CARRIERS.
   §  6815.  ADULTERATING,  MISBRANDING  AND  SUBSTITUTING.  1. ADULTERED
 DRUGS. A DRUG OR DEVICE SHALL BE DEEMED TO BE ADULTERATED:
   A. (I) IF IT CONSISTS IN WHOLE OR IN PART OF ANY  FILTHY,  PUTRID,  OR
 DECOMPOSED  SUBSTANCE;  OR (II) IF IT HAS BEEN PREPARED, PACKED, OR HELD
 UNDER INSANITARY CONDITIONS WHEREBY IT MAY HAVE BEEN  CONTAMINATED  WITH
 FILTH,  OR  WHEREBY  IT  MAY  HAVE BEEN RENDERED INJURIOUS TO HEALTH; OR
 (III) IF IT IS A DRUG AND ITS CONTAINER IS  COMPOSED,  IN  WHOLE  OR  IN
 PART,  OF  ANY  POISONOUS  OR DELETERIOUS SUBSTANCE WHICH MAY RENDER THE
 CONTENTS INJURIOUS TO HEALTH; OR (IV) IF IT IS A DRUG AND  IT  BEARS  OR
 CONTAINS, FOR PURPOSES OF COLORING ONLY, A COAL-TAR COLOR OTHER THAN ONE
 FROM  A  BATCH  THAT  HAS  BEEN CERTIFIED IN ACCORDANCE WITH REGULATIONS
 PROVIDED IN THIS TITLE.
   B. IF IT PURPORTS TO BE, OR IS REPRESENTED AS,  A  DRUG  THE  NAME  OF
 WHICH  IS RECOGNIZED IN AN OFFICIAL COMPENDIUM, AND ITS STRENGTH DIFFERS
 FROM, OR ITS QUALITY OR PURITY FALLS BELOW, THE STANDARD  SET  FORTH  IN
 SUCH  COMPENDIUM.  SUCH  DETERMINATION AS TO STRENGTH, QUALITY OR PURITY
 SHALL BE MADE IN ACCORDANCE WITH THE TESTS OR METHODS OF ASSAY SET FORTH
 IN SUCH COMPENDIUM, OR, IN THE ABSENCE OR INADEQUACY OF  SUCH  TESTS  OR
 METHODS  OF  ASSAY,  THEN  IN  ACCORDANCE WITH TESTS OR METHODS OF ASSAY
 PRESCRIBED BY REGULATIONS OF THE BOARD OF PHARMACY AS PROMULGATED  UNDER
 THIS TITLE. DEVIATIONS FROM THE OFFICIAL ASSAYS MAY BE MADE IN THE QUAN-
 TITIES OF SAMPLES AND REAGENTS EMPLOYED, PROVIDED THEY ARE IN PROPORTION
 TO  THE QUANTITIES STATED IN THE OFFICIAL COMPENDIUM. NO DRUG DEFINED IN
 AN OFFICIAL COMPENDIUM SHALL BE DEEMED  TO  BE  ADULTERATED  UNDER  THIS
 PARAGRAPH  BECAUSE  (I) IT EXCEEDS THE STANDARD OF STRENGTH THEREFOR SET
 FORTH IN SUCH COMPENDIUM, IF SUCH DIFFERENCE IS PLAINLY  STATED  ON  ITS
 LABEL;  OR  (II)  IT  FALLS  BELOW THE STANDARD OF STRENGTH, QUALITY, OR
 PURITY THEREFOR SET FORTH IN  SUCH  COMPENDIUM  IF  SUCH  DIFFERENCE  IS
 PLAINLY  STATED  ON ITS LABEL, EXCEPT THAT THIS SUBPARAGRAPH SHALL APPLY
 ONLY TO SUCH DRUGS, OR CLASSES OF DRUGS, AS ARE SPECIFIED IN REGULATIONS
 WHICH THE BOARD SHALL PROMULGATE WHEN, AS APPLIED TO ANY DRUG, OR  CLASS
 OF  DRUGS,  THE  PROHIBITION OF SUCH DIFFERENCE IS NOT NECESSARY FOR THE
 PROTECTION OF THE PUBLIC HEALTH. WHENEVER A DRUG IS RECOGNIZED  IN  BOTH
 THE UNITED STATES PHARMACOPOEIA AND THE HOMEOPATHIC PHARMACOPOEIA OF THE
 UNITED  STATES,  IT  SHALL  BE SUBJECT TO THE REQUIREMENTS OF THE UNITED
 S. 4007                            350                           A. 3007
 
 STATES PHARMACOPOEIA UNLESS IT IS LABELED AND  OFFERED  FOR  SALE  AS  A
 HOMEOPATHIC DRUG, IN WHICH CASE IT SHALL BE SUBJECT TO THE PROVISIONS OF
 THE  HOMEOPATHIC  PHARMACOPOEIA OF THE UNITED STATES AND NOT TO THOSE OF
 THE UNITED STATES PHARMACOPOEIA.
   C.  IF  IT  IS  NOT  SUBJECT  TO THE PROVISIONS OF PARAGRAPH B OF THIS
 SUBDIVISION AND ITS STRENGTH DIFFERS FROM,  OR  ITS  PURITY  OR  QUALITY
 FALLS BELOW, THAT WHICH IT PURPORTS OR IS REPRESENTED TO POSSESS.
   D.  IF  IT  IS  A  DRUG AND ANY SUBSTANCE HAS BEEN (I) MIXED OR PACKED
 THEREWITH SO AS TO REDUCE ITS QUALITY OR STRENGTH  OR  (II)  SUBSTITUTED
 WHOLLY OR IN PART THEREFOR.
   E.  IF IT IS SOLD UNDER OR BY A NAME NOT RECOGNIZED IN OR ACCORDING TO
 A FORMULA NOT GIVEN IN THE UNITED STATES PHARMACOPOEIA OR  THE  NATIONAL
 FORMULARY  BUT THAT IS FOUND IN SOME OTHER STANDARD WORK ON PHARMACOLOGY
 RECOGNIZED BY THE BOARD, AND IT DIFFERS IN STRENGTH, QUALITY  OR  PURITY
 FROM THE STRENGTH, QUALITY OR PURITY REQUIRED, OR THE FORMULA PRESCRIBED
 IN, THE STANDARD WORK.
   2.  MISBRANDED  AND  SUBSTITUTED  DRUGS  AND DEVICES. A DRUG OR DEVICE
 SHALL BE DEEMED TO BE MISBRANDED:
   A. IF ITS LABELING IS FALSE OR MISLEADING IN ANY PARTICULAR.
   B. IF IN PACKAGE FORM, UNLESS IT BEARS A  LABEL  CONTAINING:  (I)  THE
 NAME  AND PLACE OF BUSINESS OF THE MANUFACTURER, PACKER, OR DISTRIBUTOR,
 AND (II) AN ACCURATE STATEMENT OF THE QUANTITY OF THE CONTENTS IN  TERMS
 OF  WEIGHT,  MEASURE,  OR NUMERICAL COUNT; PROVIDED, THAT UNDER SUBPARA-
 GRAPH (II) OF THIS PARAGRAPH THE BOARD MAY  ESTABLISH  REASONABLE  VARI-
 ATIONS AS TO QUANTITY AND EXEMPTIONS AS TO SMALL PACKAGES.
   C.  IF  ANY WORD, STATEMENT, OR OTHER INFORMATION REQUIRED BY OR UNDER
 AUTHORITY OF THIS TITLE TO APPEAR ON THE LABEL OR LABELING IS NOT PROMI-
 NENTLY PLACED THEREON WITH SUCH CONSPICUOUSNESS, AS COMPARED WITH  OTHER
 WORDS,  STATEMENTS,  DESIGNS,  OR  DEVICES, IN THE LABELING, AND IN SUCH
 TERMS AS TO RENDER IT LIKELY TO BE READ AND UNDERSTOOD BY  THE  ORDINARY
 INDIVIDUAL UNDER CUSTOMARY CONDITIONS OF PURCHASE AND USE.
   D.  IF  IT IS FOR USE BY MAN AND CONTAINS ANY QUANTITY OF THE NARCOTIC
 OR HYPNOTIC SUBSTANCE ALPHA  EUCAINE,  BARBITURIC  ACID,  BETA  EUCAINE,
 BROMAL,  CANNABIS,  CARBROMAL,  CHLORAL, COCA, COCAINE, CODEINE, HEROIN,
 MARIHUANA, MORPHINE, OPIUM, PARALDEHYDE, PEYOTE, OR  SULPHONMETHANE;  OR
 ANY  CHEMICAL DERIVATIVE OF SUCH SUBSTANCE, WHICH DERIVATIVE HAS BEEN BY
 THE SECRETARY, AFTER INVESTIGATION, FOUND  TO  BE,  AND  BY  REGULATIONS
 UNDER THIS TITLE, OR BY REGULATIONS PROMULGATED BY THE BOARD, DESIGNATED
 AS,  HABIT  FORMING;  UNLESS  ITS  LABEL BEARS THE NAME AND QUANTITY, OR
 PROPORTION, OF SUCH SUBSTANCE OR DERIVATIVE AND IN JUXTAPOSITION  THERE-
 WITH THE STATEMENT "WARNING--MAY BE HABIT FORMING".
   E.  IF  IT IS A DRUG AND IS NOT DESIGNATED SOLELY BY A NAME RECOGNIZED
 IN AN OFFICIAL COMPENDIUM UNLESS ITS LABEL  BEARS:  (I)  THE  COMMON  OR
 USUAL  NAME OF THE DRUG, IF SUCH THERE BE, AND (II) IN CASE IT IS FABRI-
 CATED FROM TWO OR MORE INGREDIENTS, THE COMMON OR  USUAL  NAME  OF  EACH
 ACTIVE  INGREDIENT,  INCLUDING  THE  KIND  AND QUANTITY BY PERCENTAGE OR
 AMOUNT OF ANY ALCOHOL, AND ALSO INCLUDING, WHETHER ACTIVE  OR  NOT,  THE
 NAME  AND  QUANTITY  OR  PROPORTION  OF ANY BROMIDES, ETHER, CHLOROFORM,
 ACETANILID, ACETPHENETIDIN, AMIDOPYRINE, ANTIPYRINE, ATROPINE, HYOSCINE,
 HYOSCYAMINE, ARSENIC, DIGITALIS, DIGITALIS GLUCOSIDES, MERCURY, OUABAIN,
 STROPHANTHIN, STRYCHNINE, THYROID, OR ANY DERIVATIVE OR  PREPARATION  OF
 ANY  SUCH  SUBSTANCES,  CONTAINED  THEREIN; PROVIDED THAT, TO THE EXTENT
 THAT COMPLIANCE WITH THE REQUIREMENTS OF SUBPARAGRAPH (II) OF THIS PARA-
 GRAPH IS IMPRACTICABLE, EXEMPTIONS SHALL BE ESTABLISHED  BY  REGULATIONS
 PROMULGATED BY THE BOARD.
   F. UNLESS ITS LABELING BEARS: (I) ADEQUATE DIRECTIONS FOR USE, AND
 S. 4007                            351                           A. 3007
 
   (II)  SUCH  ADEQUATE WARNINGS AGAINST USE IN THOSE PATHOLOGICAL CONDI-
 TIONS OR BY CHILDREN WHERE ITS  USE  MAY  BE  DANGEROUS  TO  HEALTH,  OR
 AGAINST UNSAFE DOSAGE OR METHODS OR DURATION OF ADMINISTRATION OR APPLI-
 CATION,  IN SUCH MANNER AND FORM, AS ARE NECESSARY FOR THE PROTECTION OF
 USERS; PROVIDED, THAT, WHERE ANY REQUIREMENT OF SUBPARAGRAPH (I) OF THIS
 PARAGRAPH,  AS  APPLIED  TO ANY DRUG OR DEVICE, IS NOT NECESSARY FOR THE
 PROTECTION OF THE PUBLIC HEALTH, THE BOARD SHALL PROMULGATE  REGULATIONS
 EXEMPTING SUCH DRUG OR DEVICE FROM SUCH REQUIREMENT.
   G.  IF  IT PURPORTS TO BE A DRUG THE NAME OF WHICH IS RECOGNIZED IN AN
 OFFICIAL COMPENDIUM, UNLESS IT IS PACKAGED  AND  LABELED  AS  PRESCRIBED
 THEREIN;  PROVIDED, THAT, THE METHOD OF PACKING MAY BE MODIFIED WITH THE
 CONSENT OF THE SECRETARY IN ACCORDANCE WITH REGULATIONS  PROMULGATED  BY
 THE BOARD. WHENEVER A DRUG IS RECOGNIZED IN BOTH THE UNITED STATES PHAR-
 MACOPOEIA  AND  THE  HOMEOPATHIC  PHARMACOPOEIA OF THE UNITED STATES, IT
 SHALL BE SUBJECT TO THE REQUIREMENTS OF THE UNITED STATES  PHARMACOPOEIA
 WITH  RESPECT TO PACKAGING AND LABELING UNLESS IT IS LABELED AND OFFERED
 FOR SALE AS A HOMEOPATHIC DRUG, IN WHICH CASE IT SHALL BE SUBJECT TO THE
 PROVISIONS OF THE HOMEOPATHIC PHARMACOPOEIA OF THE  UNITED  STATES,  AND
 NOT TO THOSE OF THE UNITED STATES PHARMACOPOEIA.
   H.  (I) IF IT IS A DRUG AND ITS CONTAINER IS SO MADE, FORMED OR FILLED
 AS TO BE MISLEADING; (II) IF IT IS AN IMITATION OF ANOTHER  DRUG;  (III)
 IF  IT IS OFFERED FOR SALE UNDER THE NAME OF ANOTHER DRUG; OR (IV) IF IT
 BEARS A COPY, COUNTERFEIT, OR  COLORABLE  IMITATION  OF  THE  TRADEMARK,
 LABEL, CONTAINER OR IDENTIFYING NAME OR DESIGN OF ANOTHER DRUG.
   I.  IF  IT IS DANGEROUS TO HEALTH WHEN USED IN THE DOSAGE, OR WITH THE
 FREQUENCY OR DURATION PRESCRIBED, RECOMMENDED OR SUGGESTED IN THE LABEL-
 ING THEREOF.
   J. EXCEPT AS REQUIRED BY ARTICLE THIRTY-THREE  OF  THIS  CHAPTER,  THE
 LABELING PROVISIONS OF THIS TITLE SHALL NOT APPLY TO THE COMPOUNDING AND
 DISPENSING  OF  DRUGS  ON  THE  WRITTEN  PRESCRIPTION  OF A PHYSICIAN, A
 DENTIST, A PODIATRIST OR A VETERINARIAN, WHICH PRESCRIPTION WHEN  FILLED
 SHALL BE KEPT ON FILE FOR AT LEAST FIVE YEARS BY THE PHARMACIST OR DRUG-
 GIST.  SUCH  DRUG  SHALL  BEAR  A LABEL CONTAINING THE NAME AND PLACE OF
 BUSINESS  OF  THE  DISPENSER,  THE  SERIAL  NUMBER  AND  DATE   OF   THE
 PRESCRIPTION,  DIRECTIONS  FOR USE AS MAY BE STATED IN THE PRESCRIPTION,
 NAME AND ADDRESS OF THE PATIENT AND THE NAME OF THE PHYSICIAN  OR  OTHER
 PRACTITIONER  AUTHORIZED  BY LAW TO ISSUE THE PRESCRIPTION. IN ADDITION,
 SUCH LABEL SHALL CONTAIN THE PROPRIETARY OR BRAND NAME OF THE DRUG  AND,
 IF  APPLICABLE,  THE STRENGTH OF THE CONTENTS, UNLESS THE PERSON ISSUING
 THE PRESCRIPTION EXPLICITLY STATES ON THE PRESCRIPTION, IN  HIS  OR  HER
 OWN  HANDWRITING,  THAT  THE  NAME  OF THE DRUG AND THE STRENGTH THEREOF
 SHOULD NOT APPEAR ON THE LABEL.
   § 6816. OMITTING TO LABEL DRUGS, OR LABELING THEM WRONGLY. 1.  A.  ANY
 PERSON,  WHO,  IN  PUTTING UP ANY DRUG, MEDICINE, OR FOOD OR PREPARATION
 USED IN MEDICAL PRACTICE, OR MAKING UP ANY PRESCRIPTION, OR FILLING  ANY
 ORDER  FOR  DRUGS, MEDICINES, FOOD OR PREPARATION PUTS ANY UNTRUE LABEL,
 STAMP OR OTHER DESIGNATION OF CONTENTS UPON ANY  BOX,  BOTTLE  OR  OTHER
 PACKAGE CONTAINING A DRUG, MEDICINE, FOOD OR PREPARATION USED IN MEDICAL
 PRACTICE, OR SUBSTITUTES OR DISPENSES A DIFFERENT ARTICLE FOR OR IN LIEU
 OF  ANY  ARTICLE PRESCRIBED, ORDERED, OR DEMANDED, EXCEPT WHERE REQUIRED
 PURSUANT TO SECTION SIXTY-EIGHT HUNDRED SIXTEEN-A OF THIS TITLE, OR PUTS
 UP A GREATER OR LESSER QUANTITY OF ANY INGREDIENT SPECIFIED IN ANY  SUCH
 PRESCRIPTION, ORDER OR DEMAND THAN THAT PRESCRIBED, ORDERED OR DEMANDED,
 EXCEPT  WHERE  REQUIRED  PURSUANT TO PARAGRAPH (G) OF SUBDIVISION TWO OF
 SECTION THREE HUNDRED SIXTY-FIVE-A OF THE SOCIAL SERVICES LAW, OR OTHER-
 WISE DEVIATES FROM THE TERMS OF THE PRESCRIPTION,  ORDER  OR  DEMAND  BY
 S. 4007                            352                           A. 3007

 SUBSTITUTING  ONE  DRUG  FOR  ANOTHER, EXCEPT WHERE REQUIRED PURSUANT TO
 SECTION SIXTY-EIGHT HUNDRED SIXTEEN-A OF THIS  TITLE,  IS  GUILTY  OF  A
 MISDEMEANOR;  PROVIDED,  HOWEVER, THAT EXCEPT IN THE CASE OF PHYSICIANS'
 PRESCRIPTIONS,  NOTHING HEREIN CONTAINED SHALL BE DEEMED OR CONSTRUED TO
 PREVENT OR IMPAIR OR IN ANY MANNER AFFECT THE RIGHT  OF  AN  APOTHECARY,
 DRUGGIST,  PHARMACIST  OR  OTHER  PERSON TO RECOMMEND THE PURCHASE OF AN
 ARTICLE OTHER THAN THAT ORDERED, REQUIRED OR DEMANDED, BUT OF A  SIMILAR
 NATURE,  OR TO SELL SUCH OTHER ARTICLE IN PLACE OR IN LIEU OF AN ARTICLE
 ORDERED, REQUIRED OR DEMANDED, WITH THE KNOWLEDGE  AND  CONSENT  OF  THE
 PURCHASER.  UPON A SECOND CONVICTION FOR A VIOLATION OF THIS SECTION THE
 OFFENDER MUST BE SENTENCED TO THE PAYMENT OF A FINE NOT  TO  EXCEED  ONE
 THOUSAND  DOLLARS AND MAY BE SENTENCED TO IMPRISONMENT FOR A TERM NOT TO
 EXCEED ONE YEAR.  THE THIRD CONVICTION OF A  VIOLATION  OF  ANY  OF  THE
 PROVISIONS OF THIS SECTION, IN ADDITION TO RENDERING THE OFFENDER LIABLE
 TO  THE PENALTY PRESCRIBED BY LAW FOR A SECOND CONVICTION, SHALL FORFEIT
 ANY RIGHT WHICH HE OR SHE MAY POSSESS UNDER THE LAW OF THIS STATE AT THE
 TIME OF SUCH CONVICTION, TO ENGAGE AS  PROPRIETOR,  AGENT,  EMPLOYEE  OR
 OTHERWISE, IN THE BUSINESS OF AN APOTHECARY, PHARMACIST, OR DRUGGIST, OR
 TO  COMPOUND,  PREPARE  OR  DISPENSE  PRESCRIPTIONS OR ORDERS FOR DRUGS,
 MEDICINES OR FOODS OR PREPARATIONS USED IN  MEDICAL  PRACTICE;  AND  THE
 OFFENDER  SHALL BE BY REASON OF SUCH CONVICTION DISQUALIFIED FROM ENGAG-
 ING IN ANY SUCH BUSINESS AS PROPRIETOR, AGENT, EMPLOYEE OR OTHERWISE  OR
 COMPOUNDING, PREPARING OR DISPENSING MEDICAL PRESCRIPTIONS OR ORDERS FOR
 DRUGS, MEDICINES, OR FOODS OR PREPARATIONS USED IN MEDICAL PRACTICE.
   B. THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO THE PRACTICE OF A
 PRACTITIONER  WHO IS NOT THE PROPRIETOR OF A STORE FOR THE DISPENSING OR
 RETAILING OF DRUGS, MEDICINES AND POISONS, OR WHO IS NOT IN  THE  EMPLOY
 OF SUCH A PROPRIETOR, AND SHALL NOT PREVENT PRACTITIONERS FROM SUPPLYING
 THEIR PATIENTS WITH SUCH ARTICLES AS THEY MAY DEEM PROPER, AND EXCEPT AS
 TO  THE  LABELING OF POISONS SHALL NOT APPLY TO THE SALE OF MEDICINES OR
 POISONS AT WHOLESALE WHEN NOT FOR THE USE OR CONSUMPTION BY THE PURCHAS-
 ER; PROVIDED, HOWEVER, THAT THE SALE OF MEDICINES OR POISONS  AT  WHOLE-
 SALE  SHALL  CONTINUE  TO BE SUBJECT TO SUCH REGULATIONS AS FROM TIME TO
 TIME MAY BE LAWFULLY MADE BY THE BOARD OF PHARMACY OR BY  ANY  COMPETENT
 BOARD OF HEALTH.
   C. THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO A LIMITED PHARMA-
 CY WHICH PREPARES A FORMULARY CONTAINING THE BRAND NAMES AND THE GENERIC
 NAMES  OF  DRUGS  AND OF MANUFACTURERS WHICH IT STOCKS, PROVIDED THAT IT
 FURNISHES A COPY OF SUCH FORMULARY TO EACH PHYSICIAN ON  ITS  STAFF  AND
 THE  PHYSICIAN  SIGNS A STATEMENT AUTHORIZING THE HOSPITAL TO SUPPLY THE
 DRUG UNDER ANY GENERIC OR NON-PROPRIETARY NAME  LISTED  THEREIN  AND  IN
 CONFORMITY WITH THE REGULATIONS OF THE COMMISSIONER.
   2. FOR THE PURPOSES SET FORTH IN THIS SECTION, THE TERMS PRESCRIPTION,
 ORDER OR DEMAND SHALL APPLY ONLY TO THOSE ITEMS SUBJECT TO PROVISIONS OF
 SUBDIVISION  ONE  OF  SECTION SIXTY-EIGHT HUNDRED TEN OF THIS TITLE. THE
 WRITTEN ORDER OF A PHYSICIAN FOR ITEMS  NOT  SUBJECT  TO  PROVISIONS  OF
 SUBDIVISION  ONE  OF SECTION SIXTY-EIGHT HUNDRED TEN OF THIS TITLE SHALL
 BE CONSTRUED TO BE A DIRECTION, A FISCAL ORDER OR A VOUCHER.
   § 6816-A. WHEN SUBSTITUTION IS REQUIRED. 1. A PHARMACIST SHALL SUBSTI-
 TUTE A LESS EXPENSIVE DRUG PRODUCT CONTAINING THE SAME  ACTIVE  INGREDI-
 ENTS,  DOSAGE  FORM AND STRENGTH AS THE DRUG PRODUCT PRESCRIBED, ORDERED
 OR DEMANDED, PROVIDED THAT THE FOLLOWING CONDITIONS ARE MET:
   A. THE PRESCRIPTION IS WRITTEN ON A FORM WHICH MEETS THE  REQUIREMENTS
 OF  SUBDIVISION SIX OF SECTION SIXTY-EIGHT HUNDRED TEN OF THIS TITLE AND
 THE PRESCRIBER DOES NOT PROHIBIT SUBSTITUTION, OR IN THE  CASE  OF  ORAL
 PRESCRIPTIONS,  THE PRESCRIBER MUST EXPRESSLY STATE WHETHER SUBSTITUTION
 S. 4007                            353                           A. 3007
 
 IS TO BE PERMITTED OR PROHIBITED. ANY ORAL PRESCRIPTION  THAT  DOES  NOT
 INCLUDE SUCH AN EXPRESS STATEMENT SHALL NOT BE FILLED; AND
   B.  THE  SUBSTITUTED  DRUG  PRODUCT  IS  CONTAINED IN THE LIST OF DRUG
 PRODUCTS ESTABLISHED PURSUANT TO PARAGRAPH (O)  OF  SUBDIVISION  ONE  OF
 SECTION TWO HUNDRED SIX OF THIS CHAPTER; AND
   C. THE PHARMACIST SHALL INDICATE ON THE LABEL AFFIXED TO THE IMMEDIATE
 CONTAINER  IN  WHICH THE DRUG IS SOLD OR DISPENSED THE NAME AND STRENGTH
 OF THE DRUG PRODUCT AND ITS MANUFACTURER UNLESS THE  PRESCRIBER  SPECIF-
 ICALLY STATES OTHERWISE. THE PHARMACIST SHALL RECORD ON THE PRESCRIPTION
 FORM  THE BRAND NAME OR THE NAME OF THE MANUFACTURER OF THE DRUG PRODUCT
 DISPENSED.
   2. IN THE EVENT A PATIENT CHOOSES TO HAVE A PRESCRIPTION FILLED BY  AN
 OUT OF STATE DISPENSER, THE LAWS OF THAT STATE SHALL PREVAIL.
   3.  A  PHARMACIST SHALL SUBSTITUTE A LESS EXPENSIVE BIOLOGICAL PRODUCT
 FOR A PRESCRIBED BIOLOGICAL PRODUCT PROVIDED THAT ALL OF  THE  FOLLOWING
 CONDITIONS ARE MET:
   A.  THE  SUBSTITUTED  BIOLOGICAL  PRODUCT IS EITHER AN INTERCHANGEABLE
 BIOLOGICAL PRODUCT FOR THE PRESCRIBED PRODUCT OR THE SUBSTITUTED BIOLOG-
 ICAL PRODUCT IS ONE FOR WHICH THE PRESCRIBED PRODUCT IS AN INTERCHANGEA-
 BLE BIOLOGICAL PRODUCT;
   B. THE PRESCRIBER DOES NOT DESIGNATE THAT A SUBSTITUTION IS PROHIBITED
 AS DESCRIBED IN SUBDIVISION SIX OF SECTION SIXTY-EIGHT  HUNDRED  TEN  OF
 THIS TITLE; AND
   C.  THE  PHARMACIST  INDICATES  ON  THE LABEL AFFIXED TO THE IMMEDIATE
 CONTAINER IN WHICH THE BIOLOGICAL PRODUCT IS  SOLD  OR  DISTRIBUTED  THE
 NAME  AND  STRENGTH OF THE PRODUCT AND ITS MANUFACTURER UNLESS THE PRES-
 CRIBER SPECIFICALLY STATES OTHERWISE.
   4. A. WITHIN FIVE BUSINESS DAYS FOLLOWING THE DISPENSING OF A  SUBSTI-
 TUTED  BIOLOGICAL PRODUCT, THE DISPENSING PHARMACIST OR THE PHARMACIST'S
 DESIGNEE SHALL  COMMUNICATE  TO  THE  PRESCRIBER  THE  SPECIFIC  PRODUCT
 PROVIDED  TO  THE  PATIENT,  INCLUDING  THE  NAME OF THE PRODUCT AND THE
 MANUFACTURER. THE COMMUNICATION SHALL BE CONVEYED TO THE PRESCRIBER  (I)
 BY  MAKING  AN ENTRY THAT IS ELECTRONICALLY ACCESSIBLE TO THE PRESCRIBER
 THROUGH AN INTEROPERABLE ELECTRONIC MEDICAL RECORDS SYSTEM, AN ELECTRON-
 IC PRESCRIBING TECHNOLOGY OR A PHARMACY RECORD; OR (II) BY USING FACSIM-
 ILE, ELECTRONIC TRANSMISSION OR OTHER ELECTRONIC MEANS. IF AN ELECTRONIC
 MEANS DESCRIBED IN THIS PARAGRAPH IS NOT AVAILABLE TO THE PHARMACIST  AT
 THE TIME OF COMMUNICATION, THE DISPENSING PHARMACIST OR THE PHARMACIST'S
 DESIGNEE MAY COMMUNICATE THE INFORMATION BY TELEPHONE.
   B.  COMMUNICATION  UNDER  PARAGRAPH A OF THIS SUBDIVISION SHALL NOT BE
 REQUIRED WHERE:
   (I) THERE IS NO FDA-APPROVED INTERCHANGEABLE  BIOLOGICAL  PRODUCT  FOR
 THE PRODUCT PRESCRIBED; OR
   (II)  A  REFILL PRESCRIPTION IS NOT CHANGED FROM THE PRODUCT DISPENSED
 ON THE PRIOR FILLING OF THE PRESCRIPTION.
   5. THE DEPARTMENT SHALL MAINTAIN A LINK ON ITS WEB SITE TO THE CURRENT
 LIST OF ALL BIOLOGICAL PRODUCTS DETERMINED BY THE FEDERAL FOOD AND  DRUG
 ADMINISTRATION TO BE AN INTERCHANGEABLE BIOLOGICAL PRODUCT FOR A SPECIF-
 IC BIOLOGICAL PRODUCT.
   §  6819.  REGULATIONS  MAKING  EXCEPTIONS.  THE BOARD SHALL PROMULGATE
 REGULATIONS EXEMPTING FROM ANY LABELING REQUIREMENT OF THIS TITLE DRUGS,
 DEVICES AND COSMETICS WHICH ARE, IN ACCORDANCE WITH THE PRACTICE OF  THE
 TRADE,  TO  BE PROCESSED, LABELED, OR REPACKED IN SUBSTANTIAL QUANTITIES
 AT ESTABLISHMENTS OTHER THAN THOSE WHERE ORIGINALLY PROCESSED OR PACKED,
 ON CONDITION THAT SUCH DRUGS, DEVICES AND COSMETICS ARE NOT  ADULTERATED
 S. 4007                            354                           A. 3007
 
 OR  MISBRANDED UNDER THE PROVISIONS OF THIS TITLE UPON REMOVAL FROM SUCH
 PROCESSING, LABELING, OR REPACKING ESTABLISHMENT.
   §  6820. CERTIFICATION OF COAL-TAR COLORS FOR DRUGS AND COSMETICS. THE
 BOARD SHALL PROMULGATE REGULATIONS PROVIDING FOR THE LISTING OF COAL-TAR
 COLORS WHICH ARE HARMLESS AND SUITABLE FOR USE IN DRUGS FOR PURPOSES  OF
 COLORING  ONLY  AND  FOR  USE  IN COSMETICS AND FOR THE CERTIFICATION OF
 BATCHES OF SUCH COLORS, WITH OR WITHOUT HARMLESS DILUENTS.
   § 6821. POISON SCHEDULES; REGISTER. 1. THE FOLLOWING  SCHEDULES  SHALL
 REMAIN  IN  FORCE UNTIL REVISED BY THE BOARD AND APPROVED BY THE DEPART-
 MENT.
   SCHEDULE A. ARSENIC, ATROPINE, CORROSIVE SUBLIMATE, POTASSIUM CYANIDE,
 CHLORAL HYDRATE, HYDROCYANIC ACID, STRYCHNINE AND  ALL  OTHER  POISONOUS
 VEGETABLE  ALKALOIDS AND THEIR SALTS AND OIL OF BITTER ALMOND CONTAINING
 HYDROCYANIC ACID.
   SCHEDULE B. ACONITE, BELLADONNA, CANTHARIDES, COLCHICUM, CONIUM COTTON
 ROOT, DIGITALIS, ERGOT, HELLEBORE,  HENBANE,  PHYTOLACCA,  STROPHANTHUS,
 OIL  OF  SAVIN,  OIL  OF TANSY, VERATRUM VIRIDE AND THEIR PHARMACEUTICAL
 PREPARATIONS, ARSENICAL SOLUTIONS, CARBOLIC ACID, CHLOROFORM,  CREOSOTE,
 CROTON  OIL,  WHITE  PRECIPITATE, METHYL OR WOOD ALCOHOL, MINERAL ACIDS,
 OXALIC ACID, PARIS GREEN, SALTS OF LEAD, SALTS OF  ZINC,  OR  ANY  DRUG,
 CHEMICAL OR PREPARATION WHICH IS LIABLE TO BE DESTRUCTIVE TO ADULT HUMAN
 LIFE IN QUANTITIES OF SIXTY GRAINS OR LESS.
   2. IT SHALL BE UNLAWFUL FOR ANY PERSON TO SELL AT RETAIL OR TO FURNISH
 ANY  OF  THE POISONS OF SCHEDULES A AND B WITHOUT AFFIXING OR CAUSING TO
 BE AFFIXED TO THE BOTTLE, BOX, VESSEL OR PACKAGE, A LABEL WITH THE  NAME
 OF  THE ARTICLE AND THE WORD "POISON" DISTINCTLY SHOWN AND WITH THE NAME
 AND PLACE OF BUSINESS OF THE SELLER ALL PRINTED IN RED INK TOGETHER WITH
 THE NAME OF SUCH POISONS PRINTED OR WRITTEN THEREUPON IN PLAIN,  LEGIBLE
 CHARACTERS.
   3. MANUFACTURERS AND WHOLESALE DEALERS IN DRUGS, MEDICINES, PHARMACEU-
 TICAL  PREPARATIONS,  CHEMICALS  OR  POISONS  SHALL AFFIX OR CAUSE TO BE
 AFFIXED TO EVERY BOTTLE, BOX, PARCEL OR OUTER ENCLOSURE OF ANY  ORIGINAL
 PACKAGE  CONTAINING  ANY OF THE ARTICLES OF SCHEDULE A, A SUITABLE LABEL
 OR BRAND IN RED INK WITH THE WORD "POISON" UPON IT.
   4. EVERY PERSON WHO DISPOSES OF OR SELLS AT RETAIL  OR  FURNISHES  ANY
 POISONS  INCLUDED IN SCHEDULE A SHALL, BEFORE DELIVERING THE SAME, ENTER
 IN A BOOK KEPT FOR THAT PURPOSE THE DATE OF SALE, THE NAME  AND  ADDRESS
 OF  THE  PURCHASER, THE NAME AND THE QUANTITY OF THE POISON, THE PURPOSE
 FOR WHICH IT IS PURCHASED AND THE NAME  OF  THE  DISPENSER.  THE  POISON
 REGISTER  SHALL  BE ALWAYS OPEN FOR INSPECTION BY THE PROPER AUTHORITIES
 AND SHALL BE PRESERVED FOR AT LEAST FIVE YEARS  AFTER  THE  LAST  ENTRY.
 SUCH PERSON SHALL NOT DELIVER ANY OF THE POISONS OF SCHEDULE A OR SCHED-
 ULE B UNTIL HE OR SHE HAS SATISFIED HIMSELF OR HERSELF THAT THE PURCHAS-
 ER IS AWARE OF ITS POISONOUS CHARACTER AND THAT THE POISON IS TO BE USED
 FOR  A  LEGITIMATE  PURPOSE.   THE PROVISIONS OF THIS SUBDIVISION DO NOT
 APPLY TO THE DISPENSING OF DRUGS OR POISONS ON A DOCTOR'S PRESCRIPTION.
   5. THE BOARD MAY ADD TO OR MAY DELETE FROM ANY OF THE  SCHEDULES  FROM
 TIME  TO TIME AS SUCH ACTION BECOMES NECESSARY FOR THE PROTECTION OF THE
 PUBLIC.
   § 6822. EXAMINATIONS AND INVESTIGATIONS. THE SECRETARY  IS  AUTHORIZED
 TO  CONDUCT  EXAMINATIONS  AND  INVESTIGATIONS  FOR THE PURPOSES OF THIS
 TITLE THROUGH OFFICERS AND EMPLOYEES OF THE UNITED  STATES,  OR  THROUGH
 ANY  HEALTH,  FOOD,  OR  DRUG OFFICER OR EMPLOYEE OF ANY CITY, COUNTY OR
 OTHER POLITICAL SUBDIVISION OF THIS  STATE,  DULY  COMMISSIONED  BY  THE
 SECRETARY AS AN OFFICER OF THE BOARD.
 S. 4007                            355                           A. 3007
 
   § 6823. FACTORY INSPECTION. FOR PURPOSES OF ENFORCEMENT OF THIS TITLE,
 OFFICERS DULY DESIGNATED BY THE SECRETARY ARE AUTHORIZED:
   1. TO ENTER, AT REASONABLE TIMES, ANY FACTORY, WAREHOUSE OR ESTABLISH-
 MENT  IN  WHICH DRUGS, DEVICES OR COSMETICS ARE MANUFACTURED, PROCESSED,
 PACKED, OR HELD, FOR INTRODUCTION INTO COMMERCE OR ARE HELD  AFTER  SUCH
 INTRODUCTION,  OR  TO  ENTER ANY VEHICLE BEING USED TO TRANSPORT OR HOLD
 SUCH DRUGS, DEVICES OR COSMETICS IN COMMERCE; AND
   2. TO INSPECT, AT REASONABLE TIMES, SUCH  FACTORY,  WAREHOUSE,  ESTAB-
 LISHMENT OR VEHICLE AND ALL PERTINENT EQUIPMENT, FINISHED AND UNFINISHED
 MATERIALS, CONTAINERS, AND LABELING THEREIN.
   § 6824. INJUNCTION PROCEEDINGS. IN ADDITION TO THE REMEDIES HEREINAFT-
 ER PROVIDED, THE SECRETARY IS HEREBY AUTHORIZED TO APPLY TO THE COURT OF
 THE PROPER VENUE FOR AN INJUNCTION TO RESTRAIN ANY PERSON FROM:
   1.  INTRODUCING OR CAUSING TO BE INTRODUCED INTO COMMERCE ANY ADULTER-
 ATED OR MISBRANDED DRUG, DEVICE OR COSMETIC; OR
   2. FROM INTRODUCING OR CAUSING TO BE INTRODUCED IN  COMMERCE  ANY  NEW
 DRUG WHICH DOES NOT COMPLY WITH THE PROVISIONS OF THIS TITLE; OR
   3. FROM DISSEMINATING OR CAUSING TO BE DISSEMINATED A FALSE ADVERTISE-
 MENT, WITHOUT BEING COMPELLED TO ALLEGE OR PROVE THAT AN ADEQUATE REMEDY
 AT LAW DOES NOT EXIST.
   § 6825. PROOF REQUIRED IN PROSECUTION FOR CERTAIN VIOLATIONS. 1. IN AN
 ACTION  OR PROCEEDING, CIVIL OR CRIMINAL, AGAINST A PERSON FOR VIOLATING
 SUCH PROVISIONS OF  THIS  TITLE  WHICH  RELATE  TO  THE  POSSESSION  OF,
 COMPOUNDING,  RETAILING  OR  DISPENSING  OF  MISBRANDED,  SUBSTITUTED OR
 IMITATED DRUGS, POISONS OR COSMETICS, WHEN IT SHALL BE NECESSARY THAT AN
 ANALYSIS BE MADE FOR THE PURPOSE OF ESTABLISHING  THE  QUALITY  OF  SUCH
 DRUG,  POISON  OR  COSMETIC  SO AS TO DETERMINE THE FACT OF MISBRANDING,
 SUBSTITUTING OR IMITATING, THEN IT SHALL BE REQUIRED  TO  PROVE  AT  THE
 TRIAL  OR  HEARING OF SUCH ACTION OR PROCEEDING, THAT THE PERSON, TAKING
 THE SAME FOR  ANALYSIS  SEPARATED  IT  INTO  TWO  REPRESENTATIVE  PARTS,
 HERMETICALLY  OR  OTHERWISE EFFECTIVELY AND COMPLETELY SEALED, DELIVERED
 ONE SUCH SEALED PART TO THE SELLER,  MANUFACTURER,  WHOLESALER,  PHARMA-
 CIST,  OR  DRUGGIST FROM WHOSE PREMISES SUCH SAMPLE WAS TAKEN AND DELIV-
 ERED THE OTHER PART SO SEALED TO THE CHEMIST  DESIGNATED  BY  THE  STATE
 BOARD  OF  PHARMACY; AND THE FACTS HEREIN REQUIRED TO BE PROVEN SHALL BE
 ALLEGED IN THE COMPLAINT OR INFORMATION BY WHICH SUCH ACTION OR PROCEED-
 ING WAS BEGUN. THE RULES OF THE BOARD SHALL BE PROVEN PRIMA FACIE BY THE
 CERTIFICATE OF THE SECRETARY.
   2. ANY PERSON ACCUSED OF VIOLATION OF ANY OF THE  PROVISIONS  OF  THIS
 TITLE  RELATING  TO ADULTERATING, MISBRANDING, SUBSTITUTION OR IMITATION
 SHALL NOT BE PROSECUTED OR CONVICTED OR SUFFER  ANY  OF  THE  PENALTIES,
 FINES  OR  FORFEITURES FOR SUCH VIOLATION, IF HE OR SHE ESTABLISHES UPON
 THE HEARING OR TRIAL THAT THE DRUG, DEVICE OR  COSMETIC  ALLEGED  TO  BE
 ADULTERATED, MISBRANDED, SUBSTITUTED OR IMITATED WAS PURCHASED BY HIM OR
 HER UNDER A WRITTEN GUARANTY OF THE MANUFACTURER OR SELLER TO THE EFFECT
 THAT  SAID  DRUG,  DEVICE OR COSMETIC WAS NOT ADULTERATED OR MISBRANDED,
 WITHIN THE MEANING OF THIS TITLE AND PROVES THAT HE OR SHE HAS NOT ADUL-
 TERATED, MISBRANDED, SUBSTITUTED OR  IMITATED  THE  SAME,  PROVIDED  THE
 SELLER  HAS  TAKEN  DUE  PRECAUTION TO MAINTAIN THE STANDARD SET FOR THE
 DRUG, DEVICE OR COSMETIC. A GUARANTY, IN ORDER TO  BE  A  DEFENSE  TO  A
 PROSECUTION OR TO PREVENT CONVICTION OR TO AFFORD PROTECTION, MUST STATE
 THAT THE DRUG, DEVICE OR COSMETIC TO WHICH IT REFERS IS NOT ADULTERATED,
 MISBRANDED, SUBSTITUTED OR IMITATED WITHIN THE MEANING OF THE PROVISIONS
 OF THIS TITLE AND MUST STATE ALSO THE FULL NAME AND PLACE OF BUSINESS OF
 THE MANUFACTURER, WHOLESALER, JOBBER OR OTHER PERSON FROM WHOM THE DRUG,
 DEVICE  OR  COSMETIC  WAS  PURCHASED, AND THE DATE OF PURCHASE. THE ACT,
 S. 4007                            356                           A. 3007
 
 OMISSION OR FAILURE OF ANY OFFICER, AGENT OR OTHER EMPLOYEE  ACTING  FOR
 OR  EMPLOYED  BY  ANY PERSON WITHIN THE SCOPE OF HIS OR HER AUTHORITY OR
 EMPLOYMENT SHALL IN EVERY CASE BE THE ACT, OMISSION OR FAILURE  OF  SUCH
 PERSON AS WELL AS THAT OF THE OFFICER, AGENT OR OTHER EMPLOYEE, AND SUCH
 PERSON  SHALL  BE EQUALLY LIABLE FOR VIOLATIONS OF THIS TITLE BY A PART-
 NERSHIP, ASSOCIATION OR CORPORATION, AND EVERY MEMBER OF THE PARTNERSHIP
 OR ASSOCIATION AND THE DIRECTORS AND GENERAL OFFICERS OF THE CORPORATION
 AND THE GENERAL MANAGER OF THE PARTNERSHIP, ASSOCIATION  OR  CORPORATION
 SHALL  BE  INDIVIDUALLY LIABLE AND ANY ACTION, PROSECUTION OR PROCEEDING
 AUTHORIZED BY THIS TITLE MAY BE BROUGHT  AGAINST  ANY  OR  ALL  OF  SUCH
 PERSONS.  WHEN ANY PROSECUTION UNDER THIS TITLE IS MADE ON THE COMPLAINT
 OF THE BOARD, ANY FINES COLLECTED SHALL BE PAID INTO THE STATE  TREASURY
 AS PROVIDED BY THIS TITLE.
   3.  NO  PUBLISHER,  RADIO-BROADCAST  LICENSEE,  ADVERTISING AGENCY, OR
 AGENCY OR MEDIUM  FOR  THE  DISSEMINATION  OF  ADVERTISING,  EXCEPT  THE
 MANUFACTURER,  PACKER,  DISTRIBUTOR, OR SELLER OF THE COMMODITY TO WHICH
 THE FALSE ADVERTISEMENT RELATES,  SHALL  BE  SUBJECT  TO  THE  PENALTIES
 PROVIDED  BY  THIS TITLE BY REASON OF THE DISSEMINATION BY HIM OR HER OF
 ANY FALSE ADVERTISEMENT, UNLESS HE OR SHE HAS REFUSED, ON THE REQUEST OF
 THE SECRETARY, TO FURNISH THE SECRETARY THE NAME AND POST-OFFICE ADDRESS
 OF THE MANUFACTURER, PACKER, DISTRIBUTOR, SELLER OR ADVERTISING  AGENCY,
 WHO CAUSED HIM OR HER TO DISSEMINATE SUCH ADVERTISEMENT.
   §  6826.  DRUG  RETAIL  PRICE LISTS. 1. EVERY PHARMACY SHALL COMPILE A
 DRUG RETAIL PRICE LIST, WHICH SHALL CONTAIN THE NAMES OF  THE  DRUGS  ON
 THE  LIST PROVIDED BY THE BOARD, AND THE PHARMACY'S CORRESPONDING RETAIL
 PRICES FOR EACH DRUG. EVERY PHARMACY SHALL UPDATE ITS DRUG  RETAIL  LIST
 AT LEAST WEEKLY AND PROVIDE THE TIME AND DATE THAT THE LIST WAS UPDATED.
 EVERY  PHARMACY  SHALL  PROVIDE THE DRUG RETAIL PRICE LIST TO ANY PERSON
 UPON REQUEST.
   2. A. THE LIST PROVIDED BY THE BOARD SHALL BE PREPARED AT LEAST  ANNU-
 ALLY  BY  THE  BOARD  AND DISTRIBUTED TO EACH PHARMACY IN THE STATE. THE
 LIST SHALL BE A COMPENDIUM OF THE  ONE  HUNDRED  FIFTY  MOST  FREQUENTLY
 PRESCRIBED   DRUGS  TOGETHER  WITH  THEIR  USUAL  DOSAGES  FOR  WHICH  A
 PRESCRIPTION IS REQUIRED BY THE PROVISIONS OF THE "FEDERAL  FOOD,  DRUG,
 AND  COSMETIC  ACT" (21 U.S.C. 301, ET SEQ.; 52 STAT. 1040, ET SEQ.), AS
 AMENDED, OR BY THE COMMISSIONER. THE BOARD  SHALL  MAKE  THE  COMPENDIUM
 LIST AVAILABLE TO EACH PHARMACY FREE OF CHARGE, BOTH IN PRINTED FORM AND
 IN  AN  ELECTRONIC  FORM THAT CAN BE USED TO PRODUCE THE PHARMACY'S DRUG
 RETAIL LIST. THE BOARD SHALL PROVIDE THE COMPENDIUM LIST TO THE  DEPART-
 MENT.
   B.  THE  DRUG RETAIL PRICE LIST SHALL CONTAIN AN ADVISORY STATEMENT BY
 THE DEPARTMENT ALERTING CONSUMERS TO THE NEED TO TELL THEIR HEALTH  CARE
 PRACTITIONER AND PHARMACIST ABOUT ALL THE MEDICATIONS THEY MAY BE TAKING
 AND TO ASK THEM HOW TO AVOID HARMFUL INTERACTIONS BETWEEN DRUGS, IF ANY.
 A  PHARMACY  MAY  INCLUDE ON ITS DRUG RETAIL PRICE LIST A STATEMENT: (I)
 CONCERNING DISCOUNTS FROM ITS LISTED RETAIL PRICES THAT MAY BE AVAILABLE
 TO CONSUMERS AND (II) ANY LIMITATIONS THAT THE PHARMACY MAY HAVE  AS  TO
 WHAT GROUP OR GROUPS OF CUSTOMERS IT SERVES.
   3. THE PHARMACY'S CORRESPONDING RETAIL PRICE MEANS THE ACTUAL PRICE TO
 BE PAID BY A RETAIL PURCHASER TO THE PHARMACY FOR ANY LISTED DRUG AT THE
 LISTED  DOSAGE.  HOWEVER,  UPON  IMPLEMENTATION OF THE PRESCRIPTION DRUG
 RETAIL PRICE LIST DATABASE BY THE DEPARTMENT  UNDER  THIS  SECTION,  THE
 PHARMACY'S CORRESPONDING RETAIL PRICE SHALL MEAN THE PRICE SENT TO IT BY
 THE DEPARTMENT UNDER SUCH SECTION.
   4.  PHARMACIES  SHALL HAVE A SIGN NOTIFYING PEOPLE OF THE AVAILABILITY
 OF THE DRUG RETAIL PRICE LIST AND THE  AVAILABILITY  OF  THE  DEPARTMENT
 S. 4007                            357                           A. 3007
 
 PRESCRIPTION DRUG RETAIL PRICE LIST DATABASE AND THE WEB ADDRESS OF THAT
 DATABASE,  CONSPICUOUSLY POSTED AT OR ADJACENT TO THE PLACE IN THE PHAR-
 MACY WHERE PRESCRIPTIONS ARE PRESENTED FOR COMPOUNDING  AND  DISPENSING,
 IN THE WAITING AREA FOR CUSTOMERS, OR IN THE AREA WHERE PRESCRIBED DRUGS
 ARE DELIVERED.
   5. NOTHING CONTAINED HEREIN SHALL PREVENT A PHARMACY FROM CHANGING AND
 CHARGING  THE CURRENT RETAIL PRICE AT ANY TIME, PROVIDED THAT THE LISTED
 PRICE IS UPDATED AT LEAST WEEKLY TO REFLECT THE NEW RETAIL PRICE.
   6. THE COMMISSIONER SHALL MAKE REGULATIONS NECESSARY TO IMPLEMENT THIS
 SECTION, INCLUDING HOW THIS SECTION IS APPLIED TO MAIL-ORDER AND  INTER-
 NET PHARMACIES.
   § 6826-A. REDUCING CERTAIN COPAYMENTS. 1. WHERE AN INSURED'S COPAYMENT
 FOR  A  DRUG EXCEEDS THE CORRESPONDING RETAIL PRICE FOR THE SAME DRUG ON
 THE PHARMACY'S DRUG RETAIL PRICE LIST, THE PHARMACIST SHALL  NOTIFY  THE
 INSURED  OF  THIS  OCCURRENCE  AND CHARGE NO GREATER THAN THE PHARMACY'S
 CORRESPONDING RETAIL PRICE.
   2. WHERE THE DRUG BEING PURCHASED IS NOT  ON  THE  DRUG  RETAIL  PRICE
 LIST,  AND  THE  COPAYMENT FOR THE DRUG EXCEEDS THE PHARMACY'S USUAL AND
 CUSTOMARY PRICE FOR THAT DRUG, THE PHARMACIST SHALL NOTIFY  THE  INSURED
 OF  THIS OCCURRENCE AND CHARGE THE LESSER OF THE INSURED'S COPAYMENT AND
 THE PHARMACY'S USUAL AND CUSTOMARY PRICE FOR THAT DRUG.
   § 6827. MANDATORY CONTINUING EDUCATION. 1. A. EACH LICENSED PHARMACIST
 REQUIRED UNDER THIS TITLE TO REGISTER TRIENNIALLY WITH THE DEPARTMENT TO
 PRACTICE IN THE STATE SHALL COMPLY  WITH  PROVISIONS  OF  THE  MANDATORY
 CONTINUING  EDUCATION REQUIREMENTS PRESCRIBED IN SUBDIVISION TWO OF THIS
 SECTION EXCEPT AS SET FORTH IN PARAGRAPHS B AND C OF  THIS  SUBDIVISION.
 PHARMACISTS  WHO  DO  NOT  SATISFY  THE  MANDATORY  CONTINUING EDUCATION
 REQUIREMENTS SHALL NOT PRACTICE UNTIL THEY HAVE MET  SUCH  REQUIREMENTS,
 AND  THEY  HAVE  BEEN  ISSUED  A REGISTRATION CERTIFICATE, EXCEPT THAT A
 PHARMACIST MAY PRACTICE WITHOUT HAVING MET SUCH REQUIREMENTS  IF  HE  OR
 SHE  IS ISSUED A CONDITIONAL REGISTRATION CERTIFICATE PURSUANT TO SUBDI-
 VISION THREE OF THIS SECTION.
   B. IN ACCORD WITH THE INTENT OF THIS SECTION, ADJUSTMENT TO THE MANDA-
 TORY CONTINUING EDUCATION REQUIREMENT MAY BE GRANTED BY  THE  DEPARTMENT
 FOR  REASONS  OF  HEALTH CERTIFIED BY AN APPROPRIATE HEALTH CARE PROFES-
 SIONAL, 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 PHARMACIST NOT ENGAGED IN PRACTICE AS DETERMINED BY  THE
 DEPARTMENT,  SHALL  BE  EXEMPT  FROM  THE MANDATORY CONTINUING EDUCATION
 REQUIREMENT UPON THE FILING OF A STATEMENT WITH THE DEPARTMENT DECLARING
 SUCH STATUS. ANY LICENSEE WHO RETURNS TO THE PRACTICE OF PHARMACY 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  A  MINIMUM  OF  FORTY-FIVE HOURS OF ACCEPTABLE
 FORMAL CONTINUING EDUCATION, AS SPECIFIED IN SUBDIVISION  FOUR  OF  THIS
 SECTION,  PROVIDED THAT NO MORE THAN TWENTY-TWO HOURS OF SUCH CONTINUING
 EDUCATION SHALL CONSIST OF  SELF-STUDY  COURSES.  ANY  PHARMACIST  WHOSE
 FIRST  REGISTRATION  DATE  FOLLOWING  THE EFFECTIVE DATE OF THIS SECTION
 OCCURS LESS THAN THREE YEARS FROM SUCH EFFECTIVE DATE, BUT ON  OR  AFTER
 JANUARY  FIRST, NINETEEN HUNDRED NINETY-EIGHT, SHALL COMPLETE CONTINUING
 EDUCATION HOURS ON A PRORATED BASIS AT THE RATE OF ONE  AND  ONE-QUARTER
 HOURS PER MONTH FOR THE PERIOD BEGINNING JANUARY FIRST, NINETEEN HUNDRED
 NINETY-SEVEN  UP  TO  THE FIRST REGISTRATION DATE THEREAFTER. A LICENSEE
 S. 4007                            358                           A. 3007
 
 WHO HAS NOT SATISFIED THE MANDATORY  CONTINUING  EDUCATION  REQUIREMENTS
 SHALL  NOT BE ISSUED A TRIENNIAL REGISTRATION CERTIFICATE BY THE DEPART-
 MENT AND SHALL NOT PRACTICE UNLESS AND UNTIL A CONDITIONAL  REGISTRATION
 CERTIFICATE  IS  ISSUED  AS  PROVIDED  FOR  IN SUBDIVISION THREE OF THIS
 SECTION.  CONTINUING EDUCATION HOURS TAKEN DURING ONE TRIENNIUM MAY  NOT
 BE 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 COMPLETE 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
 SUBMIT EVIDENCE, SATISFACTORY TO THE DEPARTMENT, OF REQUIRED  CONTINUING
 EDUCATION  AND  WHO PRACTICES PHARMACY WITHOUT SUCH REGISTRATION, MAY BE
 SUBJECT TO  DISCIPLINARY  PROCEEDINGS  PURSUANT  TO  SECTION  SIXTY-FIVE
 HUNDRED TEN OF THIS ARTICLE.
   4.  AS  USED  IN  SUBDIVISION  TWO OF THIS SECTION, "ACCEPTABLE FORMAL
 CONTINUING EDUCATION"  SHALL  MEAN  FORMAL  COURSES  OF  LEARNING  WHICH
 CONTRIBUTE TO PROFESSIONAL PRACTICE IN PHARMACY AND WHICH MEET THE STAN-
 DARDS  PRESCRIBED  BY  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
 COURSES IN SPECIFIC SUBJECTS.   TO  FULFILL  THIS  MANDATORY  CONTINUING
 EDUCATION  REQUIREMENT, COURSES MUST BE TAKEN FROM A SPONSOR APPROVED BY
 THE DEPARTMENT, PURSUANT TO THE REGULATIONS OF THE COMMISSIONER.
   5. PHARMACISTS SHALL MAINTAIN ADEQUATE DOCUMENTATION OF COMPLETION  OF
 ACCEPTABLE FORMAL CONTINUING EDUCATION AND SHALL PROVIDE SUCH DOCUMENTA-
 TION  AT THE REQUEST OF THE DEPARTMENT. FAILURE TO PROVIDE SUCH DOCUMEN-
 TATION UPON THE REQUEST OF THE DEPARTMENT SHALL BE AN ACT OF  MISCONDUCT
 SUBJECT  TO  DISCIPLINARY  PROCEEDINGS  PURSUANT  TO  SECTION SIXTY-FIVE
 HUNDRED TEN OF THIS ARTICLE.
   6. THE MANDATORY CONTINUING EDUCATION FEE SHALL BE FORTY-FIVE DOLLARS,
 SHALL BE PAYABLE ON OR BEFORE THE FIRST DAY OF EACH TRIENNIAL  REGISTRA-
 TION PERIOD, AND SHALL BE PAID IN ADDITION TO THE TRIENNIAL REGISTRATION
 FEE REQUIRED BY SECTION SIXTY-EIGHT HUNDRED FIVE OF THIS TITLE.
   §  6828. CERTIFICATES OF ADMINISTRATION. 1. NO PHARMACIST SHALL ADMIN-
 ISTER IMMUNIZING AGENTS WITHOUT A CERTIFICATE OF  ADMINISTRATION  ISSUED
 BY THE DEPARTMENT PURSUANT TO REGULATIONS OF THE COMMISSIONER.
   2.  THE  FEE  FOR A CERTIFICATE OF ADMINISTRATION SHALL BE ONE HUNDRED
 DOLLARS AND SHALL BE PAID ON A TRIENNIAL BASIS.  A  CERTIFICATE  MAY  BE
 SUSPENDED OR REVOKED IN THE SAME MANNER AS A LICENSE TO PRACTICE PHARMA-
 CY.
   §  6829.  INTERPRETATION AND TRANSLATION REQUIREMENTS FOR PRESCRIPTION
 DRUGS AND STANDARDIZED MEDICATION LABELING. 1. FOR THE PURPOSES OF  THIS
 SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   A.  "COVERED  PHARMACY"  MEANS ANY PHARMACY THAT IS PART OF A GROUP OF
 EIGHT OR MORE PHARMACIES, LOCATED WITHIN NEW YORK STATE AND OWNED BY THE
 SAME CORPORATE ENTITY.  FOR PURPOSES OF THIS SECTION, "CORPORATE ENTITY"
 SHALL INCLUDE RELATED SUBSIDIARIES, AFFILIATES, SUCCESSORS, OR ASSIGNEES
 DOING BUSINESS AS OR OPERATING UNDER A COMMON NAME OR TRADING SYMBOL.
   B. "LIMITED ENGLISH PROFICIENT INDIVIDUAL" OR "LEP  INDIVIDUAL"  MEANS
 AN INDIVIDUAL WHO IDENTIFIES AS BEING, OR IS EVIDENTLY, UNABLE TO SPEAK,
 READ  OR WRITE ENGLISH AT A LEVEL THAT PERMITS SUCH INDIVIDUAL TO UNDER-
 S. 4007                            359                           A. 3007
 
 STAND HEALTH-RELATED  AND  PHARMACEUTICAL  INFORMATION  COMMUNICATED  IN
 ENGLISH.
   C.  "TRANSLATION" SHALL MEAN THE CONVERSION OF A WRITTEN TEXT FROM ONE
 LANGUAGE INTO AN EQUIVALENT WRITTEN TEXT IN ANOTHER LANGUAGE BY AN INDI-
 VIDUAL COMPETENT TO DO SO AND UTILIZING ALL NECESSARY PHARMACEUTICAL AND
 HEALTH-RELATED TERMINOLOGY.  SUCH TRANSLATION MAY OCCUR, WHERE APPROPRI-
 ATE, IN A SEPARATE DOCUMENT PROVIDED TO AN LEP INDIVIDUAL THAT  ACCOMPA-
 NIES HIS OR HER MEDICATION.
   D. "COMPETENT ORAL INTERPRETATION" MEANS ORAL COMMUNICATION IN WHICH A
 PERSON  ACTING  AS AN INTERPRETER COMPREHENDS A MESSAGE AND RE-EXPRESSES
 THAT MESSAGE ACCURATELY IN ANOTHER  LANGUAGE,  UTILIZING  ALL  NECESSARY
 PHARMACEUTICAL  AND  HEALTH-RELATED  TERMINOLOGY, SO AS TO ENABLE AN LEP
 INDIVIDUAL TO RECEIVE ALL NECESSARY INFORMATION IN THE LEP  INDIVIDUAL'S
 PREFERRED PHARMACY PRIMARY LANGUAGE.
   E.  "PHARMACY  PRIMARY LANGUAGES" SHALL MEAN THOSE LANGUAGES SPOKEN BY
 ONE PERCENT OR MORE OF THE POPULATION, AS DETERMINED BY THE U.S. CENSUS,
 FOR EACH REGION, AS ESTABLISHED BY REGULATIONS PROMULGATED  PURSUANT  TO
 THIS  SECTION, PROVIDED, HOWEVER, THAT THE REGULATIONS SHALL NOT REQUIRE
 TRANSLATION  OR  COMPETENT  ORAL  INTERPRETATION  OF  MORE  THAN   SEVEN
 LANGUAGES IN ANY REGION.
   F.  "MAIL ORDER PHARMACY" SHALL MEAN A PHARMACY THAT DISPENSES MOST OF
 ITS PRESCRIPTIONS THROUGH THE UNITED  STATES  POSTAL  SERVICE  OR  OTHER
 DELIVERY SYSTEM.
   2. A. EVERY COVERED PHARMACY SHALL PROVIDE FREE, COMPETENT ORAL INTER-
 PRETATION  SERVICES  AND  TRANSLATION  SERVICES  TO  EACH LEP INDIVIDUAL
 REQUESTING SUCH SERVICES OR FILLING A PRESCRIPTION THAT  INDICATES  THAT
 THE INDIVIDUAL IS LIMITED ENGLISH PROFICIENT AT SUCH COVERED PHARMACY IN
 THE  LEP  INDIVIDUAL'S  PREFERRED  PHARMACY  PRIMARY  LANGUAGE  FOR  THE
 PURPOSES OF COUNSELING SUCH INDIVIDUAL ABOUT  HIS  OR  HER  PRESCRIPTION
 MEDICATIONS  OR  WHEN  SOLICITING  INFORMATION  NECESSARY  TO MAINTAIN A
 PATIENT MEDICATION PROFILE, UNLESS THE LEP  INDIVIDUAL  IS  OFFERED  AND
 REFUSES SUCH SERVICES.
   B. EVERY COVERED PHARMACY SHALL PROVIDE FREE, COMPETENT ORAL INTERPRE-
 TATION  SERVICES  AND  TRANSLATION  SERVICES  OF PRESCRIPTION MEDICATION
 LABELS, WARNING LABELS AND OTHER WRITTEN MATERIAL TO EACH LEP INDIVIDUAL
 FILLING A PRESCRIPTION AT SUCH COVERED PHARMACY, UNLESS THE LEP INDIVID-
 UAL IS OFFERED AND REFUSES SUCH SERVICES OR THE MEDICATION LABEL,  WARN-
 ING LABELS AND OTHER WRITTEN MATERIALS HAVE ALREADY BEEN TRANSLATED INTO
 THE LANGUAGE SPOKEN BY THE LEP INDIVIDUAL.
   C.  THE  SERVICES  REQUIRED BY THIS SECTION MAY BE PROVIDED BY A STAFF
 MEMBER OF THE PHARMACY OR A THIRD-PARTY CONTRACTOR. SUCH  SERVICES  MUST
 BE  PROVIDED ON AN IMMEDIATE BASIS BUT NEED NOT BE PROVIDED IN-PERSON OR
 FACE-TO-FACE IN ORDER TO MEET THE REQUIREMENTS OF THIS SECTION.
   3. EVERY COVERED PHARMACY SHALL CONSPICUOUSLY POST, AT OR ADJACENT  TO
 EACH  COUNTER  OVER WHICH PRESCRIPTION DRUGS ARE SOLD, A NOTIFICATION OF
 THE RIGHT TO FREE, COMPETENT ORAL  INTERPRETATION  SERVICES  AND  TRANS-
 LATION  SERVICES  FOR LIMITED ENGLISH PROFICIENT INDIVIDUALS AS PROVIDED
 FOR IN SUBDIVISION TWO OF THIS  SECTION.  SUCH  NOTIFICATIONS  SHALL  BE
 PROVIDED  IN  THE PHARMACY PRIMARY LANGUAGES. THE SIZE, STYLE AND PLACE-
 MENT OF SUCH NOTICE SHALL BE DETERMINED IN ACCORDANCE WITH RULES PROMUL-
 GATED PURSUANT TO THIS SECTION.
   4. THE COMMISSIONER SHALL PROMULGATE REGULATIONS REQUIRING  THAT  MAIL
 ORDER  PHARMACIES  CONDUCTING BUSINESS IN THE STATE PROVIDE FREE, COMPE-
 TENT ORAL INTERPRETATION SERVICES AND TRANSLATION  SERVICES  TO  PERSONS
 FILLING A PRESCRIPTION THROUGH SUCH MAIL ORDER PHARMACIES WHOM ARE IDEN-
 TIFIED  AS  LEP INDIVIDUALS. SUCH REGULATIONS SHALL TAKE EFFECT ONE YEAR
 S. 4007                            360                           A. 3007

 AFTER THE EFFECTIVE DATE OF THIS SECTION; PROVIDED, HOWEVER,  THAT  THEY
 SHALL  BE PROMULGATED PURSUANT TO THE REQUIREMENTS OF THE STATE ADMINIS-
 TRATIVE PROCEDURE ACT, ADDRESS THE CONCERNS  OF  AFFECTED  STAKEHOLDERS,
 AND REFLECT THE FINDINGS OF A THOROUGH ANALYSIS OF ISSUES INCLUDING:
   A.  HOW  PERSONS SHALL BE IDENTIFIED AS AN LEP INDIVIDUAL, IN LIGHT OF
 THE MANNER BY WHICH PRESCRIPTIONS ARE CURRENTLY RECEIVED  BY  SUCH  MAIL
 ORDER PHARMACIES;
   B. WHICH LANGUAGES SHALL BE CONSIDERED;
   C. THE MANNER AND CIRCUMSTANCES IN WHICH COMPETENT ORAL INTERPRETATION
 SERVICES AND TRANSLATION SERVICES SHALL BE PROVIDED;
   D.  THE  INFORMATION  FOR WHICH COMPETENT ORAL INTERPRETATION SERVICES
 AND TRANSLATION SERVICES SHALL BE PROVIDED;
   E. ANTICIPATED UTILIZATION, AVAILABLE RESOURCES,  AND  COST  CONSIDER-
 ATIONS; AND
   F.  STANDARDS  FOR MONITORING COMPLIANCE WITH REGULATIONS AND ENSURING
 THE DELIVERY OF  QUALITY  COMPETENT  ORAL  INTERPRETATION  SERVICES  AND
 TRANSLATION SERVICES.
   THE  COMMISSIONER  SHALL  PROVIDE A REPORT ON IMPLEMENTATION, UTILIZA-
 TION, UNANTICIPATED PROBLEMS,  AND  CORRECTIVE  ACTIONS  UNDERTAKEN  AND
 PLANNED  TO THE TEMPORARY PRESIDENT OF THE SENATE AND THE SPEAKER OF THE
 ASSEMBLY NO LATER THAN TWO  YEARS  AFTER  THE  EFFECTIVE  DATE  OF  THIS
 SECTION.
   5.  COVERED PHARMACIES SHALL NOT BE LIABLE FOR INJURIES RESULTING FROM
 THE ACTIONS OF THIRD-PARTY CONTRACTORS TAKEN PURSUANT TO AND WITHIN  THE
 SCOPE  OF  THE CONTRACT WITH THE COVERED PHARMACY AS LONG AS THE COVERED
 PHARMACY ENTERED INTO SUCH CONTRACT REASONABLY  AND  IN  GOOD  FAITH  TO
 COMPLY  WITH  THIS  SECTION,  AND  WAS  NOT NEGLIGENT WITH REGARD TO THE
 ALLEGED MISCONDUCT OF THE THIRD-PARTY CONTRACTOR.
   6. THE REGULATIONS PROMULGATED PURSUANT TO THIS SECTION  SHALL  ESTAB-
 LISH A PROCESS BY WHICH COVERED PHARMACIES MAY APPLY AND RECEIVE A WAIV-
 ER  FROM COMPLIANCE WITH SUBDIVISIONS TWO AND THREE OF THIS SECTION UPON
 A SHOWING THAT IMPLEMENTATION WOULD  BE  UNNECESSARILY  BURDENSOME  WHEN
 COMPARED TO THE NEED FOR SUCH SERVICES.
   7.  THE  COMMISSIONER  SHALL  PROMULGATE REGULATIONS TO EFFECTUATE THE
 REQUIREMENTS OF THIS SECTION.
   § 6830. STANDARDIZED PATIENT-CENTERED DATA ELEMENTS.  1.  THE  COMMIS-
 SIONER  SHALL  DEVELOP  RULES  AND  REGULATIONS  REQUIRING  STANDARDIZED
 PATIENT-CENTERED DATA ELEMENTS CONSISTENT WITH EXISTING  TECHNOLOGY  AND
 EQUIPMENT  TO BE USED ON ALL PRESCRIPTION MEDICINE DISPENSED TO PATIENTS
 IN THIS STATE.
   2. WHEN DEVELOPING THE REQUIREMENTS FOR PATIENT-CENTERED DATA ELEMENTS
 ON PRESCRIPTION DRUG LABELS, THE COMMISSIONER SHALL CONSIDER:
   A. MEDICAL LITERACY RESEARCH  THAT  IDENTIFIES  FACTORS  THAT  IMPROVE
 UNDERSTANDABILITY  OF  LABELS  AND  PROMOTES INCREASED COMPLIANCE WITH A
 DRUG'S INTENDED USE;
   B. FACTORS THAT IMPROVE THE CLARITY OF DIRECTIONS FOR USE;
   C. FONT TYPES AND SIZES;
   D. INCLUSION OF ONLY PATIENT-CENTERED INFORMATION; AND
   E. THE NEEDS OF SPECIAL  POPULATIONS.  TO  ENSURE  PUBLIC  INPUT,  THE
 COMMISSIONER  SHALL  SOLICIT  INPUT FROM THE STATE BOARD OF PHARMACY AND
 THE STATE BOARD OF MEDICINE,  CONSUMER  GROUPS,  ADVOCATES  FOR  SPECIAL
 POPULATIONS,  PHARMACISTS,  PHYSICIANS,  OTHER HEALTH CARE PROFESSIONALS
 AUTHORIZED TO PRESCRIBE, AND OTHER INTERESTED PARTIES.
   § 6831. SPECIAL PROVISIONS  RELATING  TO  OUTSOURCING  FACILITIES.  1.
 REGISTRATION.  ANY OUTSOURCING FACILITY THAT IS ENGAGED IN THE COMPOUND-
 ING OF STERILE DRUGS IN THIS STATE SHALL BE REGISTERED AS AN OUTSOURCING
 S. 4007                            361                           A. 3007

 FACILITY UNDER THE FEDERAL FOOD, DRUG AND COSMETIC ACT AND BE REGISTERED
 AS AN OUTSOURCING FACILITY PURSUANT TO THIS TITLE.
   2.  NEW  DRUGS.  SECTIONS  502(F)(1), 505 AND 582 OF THE FEDERAL FOOD,
 DRUG AND COSMETIC ACT SHALL  NOT  APPLY  TO  A  DRUG  COMPOUNDED  IN  AN
 OUTSOURCING FACILITY REGISTERED UNDER THE FEDERAL FOOD, DRUG AND COSMET-
 IC ACT.
   3.  PRESCRIPTIONS.  NOTWITHSTANDING  ANY OTHER PROVISION OF LAW TO THE
 CONTRARY, NO OUTSOURCING FACILITY MAY DISTRIBUTE OR DISPENSE ANY DRUG TO
 ANY PERSON PURSUANT TO A PRESCRIPTION UNLESS IT IS ALSO REGISTERED AS  A
 PHARMACY  IN  THIS  STATE AND MEETS ALL OTHER APPLICABLE REQUIREMENTS OF
 FEDERAL AND STATE LAW.
   4. RESTRICTIONS. ANY  DRUGS  COMPOUNDED  IN  AN  OUTSOURCING  FACILITY
 REGISTERED PURSUANT TO THIS TITLE SHALL BE COMPOUNDED IN ACCORDANCE WITH
 ALL APPLICABLE FEDERAL AND STATE LAWS.
   5. LABELING. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRA-
 RY,  THE  LABEL  OF ANY DRUG COMPOUNDED BY AN OUTSOURCING FACILITY SHALL
 INCLUDE, BUT NOT BE LIMITED TO THE FOLLOWING:
   A. A STATEMENT THAT THE DRUG IS A  COMPOUNDED  DRUG  OR  A  REASONABLE
 COMPARABLE ALTERNATIVE STATEMENT THAT PROMINENTLY IDENTIFIES THE DRUG AS
 A COMPOUNDED DRUG;
   B.  THE  NAME, ADDRESS, AND PHONE NUMBER OF THE APPLICABLE OUTSOURCING
 FACILITY; AND
   C. WITH RESPECT TO THE DRUG:
   (I) THE LOT OR BATCH NUMBER;
   (II) THE ESTABLISHED NAME OF THE DRUG;
   (III) THE DOSAGE FORM AND STRENGTH;
   (IV) THE STATEMENT OF QUANTITY OR VOLUME, AS APPROPRIATE;
   (V) THE DATE THAT THE DRUG WAS COMPOUNDED;
   (VI) THE EXPIRATION DATE;
   (VII) STORAGE AND HANDLING INSTRUCTIONS;
   (VIII) THE NATIONAL DRUG CODE NUMBER, IF AVAILABLE;
   (IX) THE STATEMENT THAT THE DRUG IS NOT FOR RESALE, AND THE  STATEMENT
 "OFFICE USE ONLY"; AND
   (X)  A  LIST  OF  THE  ACTIVE  AND INACTIVE INGREDIENTS, IDENTIFIED BY
 ESTABLISHED NAME, AND THE QUANTITY OR PROPORTION OF EACH INGREDIENT.
   6. CONTAINER. THE CONTAINER FROM WHICH THE  INDIVIDUAL  UNITS  OF  THE
 DRUG ARE REMOVED FOR DISPENSING OR FOR ADMINISTRATION, SUCH AS A PLASTIC
 BAG CONTAINING INDIVIDUAL PRODUCT SYRINGES, SHALL INCLUDE:
   A.  A  LIST  OF  ACTIVE AND INACTIVE INGREDIENTS, IDENTIFIED BY ESTAB-
 LISHED NAME, AND THE QUANTITY OR PROPORTION OF EACH INGREDIENT; AND
   B. ANY OTHER INFORMATION REQUIRED BY REGULATIONS  PROMULGATED  BY  THE
 COMMISSIONER  TO  FACILITATE  ADVERSE EVENT REPORTING IN ACCORDANCE WITH
 THE REQUIREMENTS ESTABLISHED IN SECTION 310.305 OF TITLE 21 OF THE  CODE
 OF FEDERAL REGULATIONS.
   7. BULK DRUGS. A DRUG MAY ONLY BE COMPOUNDED IN AN OUTSOURCING FACILI-
 TY  THAT  DOES  NOT  COMPOUND  USING  BULK DRUG SUBSTANCES AS DEFINED IN
 SECTION 207.3(A)(4) OF TITLE 21 OF THE CODE OF  FEDERAL  REGULATIONS  OR
 ANY SUCCESSOR REGULATION UNLESS:
   A. THE BULK DRUG SUBSTANCE APPEARS ON A LIST ESTABLISHED BY THE SECRE-
 TARY  OF  HEALTH AND HUMAN SERVICES IDENTIFYING BULK DRUG SUBSTANCES FOR
 WHICH THERE IS A CLINICAL NEED;
   B. THE DRUG IS COMPOUNDED FROM A BULK DRUG SUBSTANCE THAT  APPEARS  ON
 THE  FEDERAL  DRUG  SHORTAGE  LIST IN EFFECT AT THE TIME OF COMPOUNDING,
 DISTRIBUTING, AND DISPENSING;
   C. IF AN APPLICABLE MONOGRAPH EXISTS UNDER THE UNITED  STATES  PHARMA-
 COPEIA,  THE  NATIONAL  FORMULARY, OR ANOTHER COMPENDIUM OR PHARMACOPEIA
 S. 4007                            362                           A. 3007
 
 RECOGNIZED BY THE SECRETARY OF HEALTH AND HUMAN SERVICES  AND  THE  BULK
 DRUG SUBSTANCES EACH COMPLY WITH THE MONOGRAPH;
   D.  THE BULK DRUG SUBSTANCES ARE EACH MANUFACTURED BY AN ESTABLISHMENT
 THAT IS REGISTERED WITH THE FEDERAL GOVERNMENT.
   8. INGREDIENTS. IF AN OUTSOURCING  FACILITY  USES  INGREDIENTS,  OTHER
 THAN  BULK DRUG SUBSTANCES, SUCH INGREDIENTS MUST COMPLY WITH THE STAND-
 ARDS OF THE APPLICABLE UNITED STATES PHARMACOPEIA OR NATIONAL  FORMULARY
 MONOGRAPH, IF SUCH MONOGRAPH EXISTS, OR OF ANOTHER COMPENDIUM OR PHARMA-
 COPEIA  RECOGNIZED  BY  THE  SECRETARY  OF HEALTH AND HUMAN SERVICES FOR
 PURPOSES OF THIS SUBDIVISION, IF ANY.
   9. UNSAFE OR INEFFECTIVE DRUGS. NO OUTSOURCING FACILITY MAY COMPOUND A
 DRUG THAT APPEARS ON A LIST PUBLISHED BY THE  SECRETARY  OF  HEALTH  AND
 HUMAN  SERVICES  THAT  HAS  BEEN  WITHDRAWN  OR  REMOVED FROM THE MARKET
 BECAUSE SUCH DRUGS OR COMPONENTS OF SUCH DRUGS HAVE  BEEN  FOUND  TO  BE
 UNSAFE OR NOT EFFECTIVE.
   10.  PROHIBITION  ON  WHOLESALING.  NO COMPOUNDED DRUG WILL BE SOLD OR
 TRANSFERRED BY ANY ENTITY  OTHER  THAN  THE  OUTSOURCING  FACILITY  THAT
 COMPOUNDED  SUCH  DRUG.  THIS  DOES NOT PROHIBIT THE ADMINISTRATION OF A
 DRUG IN A HEALTH CARE SETTING OR DISPENSING A DRUG PURSUANT TO A PROPER-
 LY EXECUTED PRESCRIPTION.
   11. PROHIBITION AGAINST  COPYING  AN  APPROVED  DRUG.  NO  OUTSOURCING
 FACILITY  MAY  COMPOUND A DRUG THAT IS ESSENTIALLY A COPY OF ONE OR MORE
 APPROVED DRUGS.
   12. PROHIBITION  AGAINST  COMPOUNDING  DRUGS  PRESENTING  DEMONSTRABLE
 DIFFICULTIES. NO OUTSOURCING FACILITY MAY COMPOUND A DRUG:
   A.  THAT IS IDENTIFIED, DIRECTLY OR AS PART OF A CATEGORY OF DRUGS, ON
 A LIST PUBLISHED BY THE SECRETARY OF  HEALTH  AND  HUMAN  SERVICES  THAT
 PRESENT  DEMONSTRABLE  DIFFICULTIES  FOR COMPOUNDING THAT ARE REASONABLY
 LIKELY TO LEAD TO AN ADVERSE EFFECT ON THE SAFETY  OR  EFFECTIVENESS  OF
 THE  DRUG  OR CATEGORY OF DRUGS, TAKING INTO ACCOUNT THE RISKS AND BENE-
 FITS TO PATIENTS; OR
   B. THAT IS COMPOUNDED IN ACCORDANCE  WITH  ALL  APPLICABLE  CONDITIONS
 IDENTIFIED  ON THE DRUG LIST AS CONDITIONS THAT ARE NECESSARY TO PREVENT
 THE DRUG OR CATEGORY OF DRUGS FROM PRESENTING DEMONSTRABLE DIFFICULTIES.
   13. ADVERSE EVENT REPORTS. OUTSOURCING FACILITIES SHALL SUBMIT A  COPY
 OF  ALL  ADVERSE  EVENT REPORTS SUBMITTED TO THE SECRETARY OF HEALTH AND
 HUMAN SERVICES IN ACCORDANCE WITH THE CONTENT  AND  FORMAT  REQUIREMENTS
 ESTABLISHED  IN SECTION 310.305 OF TITLE 21 OF THE CODE OF FEDERAL REGU-
 LATIONS, OR ANY SUCCESSOR REGULATION, TO THE EXECUTIVE SECRETARY FOR THE
 STATE BOARD OF PHARMACY.
   14. REPORTS. THE COMMISSIONER SHALL PREPARE AND SUBMIT A REPORT TO THE
 GOVERNOR AND THE LEGISLATURE, DUE EIGHTEEN  MONTHS  FROM  THE  EFFECTIVE
 DATE  OF  THIS SECTION, EVALUATING THE EFFECTIVENESS OF THE REGISTRATION
 AND OVERSIGHT OF OUTSOURCING FACILITIES RELATED TO COMPOUNDING.
   § 6832. LIMITATIONS ON ASSISTANCE OF AN UNLICENSED PERSON. 1.  SUBJECT
 TO  THE  LIMITATIONS  SET  FORTH  IN SUBDIVISION TWO OF THIS SECTION, AN
 UNLICENSED PERSON MAY ASSIST A LICENSED PHARMACIST IN THE DISPENSING  OF
 DRUGS BY:
   A.  RECEIVING  WRITTEN  OR  ELECTRONICALLY  TRANSMITTED PRESCRIPTIONS,
 EXCEPT THAT IN THE CASE OF ELECTRONICALLY TRANSMITTED PRESCRIPTIONS  THE
 LICENSED  PHARMACIST OR PHARMACY INTERN SHALL REVIEW THE PRESCRIPTION TO
 DETERMINE WHETHER IN HIS  OR  HER  PROFESSIONAL  JUDGMENT  IT  SHALL  BE
 ACCEPTED  BY  THE  PHARMACY, AND IF ACCEPTED, THE LICENSED PHARMACIST OR
 PHARMACY INTERN SHALL ENTER HIS OR HER INITIALS INTO THE RECORDS OF  THE
 PHARMACY;
   B. TYPING PRESCRIPTION LABELS;
 S. 4007                            363                           A. 3007
 
   C.  KEYING  PRESCRIPTION DATA FOR ENTRY INTO A COMPUTER-GENERATED FILE
 OR RETRIEVING PRESCRIPTION DATA FROM THE FILE, PROVIDED THAT SUCH COMPU-
 TER-GENERATED FILE SHALL PROVIDE FOR  VERIFICATION  OF  ALL  INFORMATION
 NEEDED  TO  FILL  THE PRESCRIPTION BY A LICENSED PHARMACIST PRIOR TO THE
 DISPENSING  OF  THE  PRESCRIPTION,  MEANING THAT THE LICENSED PHARMACIST
 SHALL REVIEW AND APPROVE SUCH INFORMATION AND ENTER HIS OR HER  INITIALS
 OR  OTHER PERSONAL IDENTIFIER INTO THE RECORDKEEPING SYSTEM PRIOR TO THE
 DISPENSING OF THE PRESCRIPTION OR OF THE PRESCRIPTION REFILL;
   D. GETTING DRUGS FROM STOCK AND RETURNING THEM TO STOCK;
   E. GETTING PRESCRIPTION FILES AND OTHER MANUAL  RECORDS  FROM  STORAGE
 AND LOCATING PRESCRIPTIONS;
   F. COUNTING DOSAGE UNITS OF DRUGS;
   G. PLACING DOSAGE UNITS OF DRUGS IN APPROPRIATE CONTAINERS;
   H. AFFIXING THE PRESCRIPTION LABEL TO THE CONTAINERS;
   I.  PREPARING  MANUAL  RECORDS  OF  DISPENSING  FOR  THE  SIGNATURE OR
 INITIALS OF THE LICENSED PHARMACIST;
   J. HANDING OR DELIVERING COMPLETED PRESCRIPTIONS TO THE PATIENT OR THE
 PERSON AUTHORIZED TO ACT ON BEHALF OF THE  PATIENT  AND,  IN  ACCORDANCE
 WITH  THE  RELEVANT  COMMISSIONER'S REGULATIONS, ADVISING THE PATIENT OR
 PERSON AUTHORIZED TO ACT ON BEHALF OF THE PATIENT OF THE AVAILABILITY OF
 COUNSELING TO BE  CONDUCTED  BY  THE  LICENSED  PHARMACIST  OR  PHARMACY
 INTERN; AND
   K.  PERFORMING  OTHER FUNCTIONS AS DEFINED BY THE COMMISSIONER'S REGU-
 LATIONS.
   2. EXCEPT FOR A LICENSED PHARMACIST EMPLOYED BY A FACILITY LICENSED IN
 ACCORDANCE WITH ARTICLE TWENTY-EIGHT OF THIS CHAPTER OR A PHARMACY OWNED
 AND OPERATED BY SUCH A FACILITY, NO LICENSED PHARMACIST SHALL OBTAIN THE
 ASSISTANCE OF MORE THAN FOUR UNLICENSED PERSONS, IN THE  PERFORMANCE  OF
 THE  ACTIVITIES THAT DO NOT REQUIRE LICENSURE, THE TOTAL OF SUCH PERSONS
 SHALL NOT EXCEED FOUR INDIVIDUALS AT  ANY  ONE  TIME.  PHARMACY  INTERNS
 SHALL  BE EXEMPT FROM SUCH RATIOS, BUT SHALL BE SUPERVISED IN ACCORDANCE
 WITH THE COMMISSIONER'S REGULATIONS. INDIVIDUALS WHO ARE RESPONSIBLE FOR
 THE ACT OF PLACING DRUGS WHICH ARE IN UNIT-DOSE PACKAGING  INTO  MEDICA-
 TION CARTS AS PART OF AN APPROVED UNIT-DOSE DRUG DISTRIBUTION SYSTEM FOR
 PATIENTS  IN  INSTITUTIONAL  SETTINGS  SHALL  BE EXEMPT FROM SUCH RATIO,
 PROVIDED THAT SUCH INDIVIDUALS ARE NOT ALSO ENGAGED  IN  PERFORMING  THE
 ACTIVITIES  SET  FORTH IN PARAGRAPH B, C, D, E, F, G, H OR I OF SUBDIVI-
 SION ONE OF THIS SECTION. THE  LICENSED  PHARMACIST  SHALL  PROVIDE  THE
 DEGREE  OF  SUPERVISION  OF SUCH PERSONS AS MAY BE APPROPRIATE TO ENSURE
 COMPLIANCE WITH THE RELEVANT PROVISIONS OF REGULATIONS  OF  THE  COMMIS-
 SIONER.
 
                                 TITLE 11
                      REGISTERED PHARMACY TECHNICIANS
 
 SECTION 6840. INTRODUCTION.
         6841. DEFINITION  OF THE PRACTICE OF REGISTERED PHARMACY TECHNI-
                 CIAN.
         6842. DEFINITIONS.
         6843. PRACTICE OF REGISTERED PHARMACY TECHNICIAN AND USE OF  THE
                 TITLE "REGISTERED PHARMACY TECHNICIAN".
         6844. REQUIREMENTS  FOR LICENSURE AS A REGISTERED PHARMACY TECH-
                 NICIAN.
   § 6840. INTRODUCTION. THIS TITLE APPLIES TO THE PROFESSION  OF  REGIS-
 TERED  PHARMACY  TECHNICIAN.  THE GENERAL PROVISIONS FOR ALL PROFESSIONS
 CONTAINED IN TITLE ONE OF THIS ARTICLE SHALL APPLY TO THIS TITLE.
 S. 4007                            364                           A. 3007
 
   § 6841. DEFINITION OF THE PRACTICE OF REGISTERED PHARMACY  TECHNICIAN.
 1.  A  REGISTERED  PHARMACY  TECHNICIAN  MAY,  UNDER THE DIRECT PERSONAL
 SUPERVISION OF A LICENSED PHARMACIST, ASSIST SUCH  LICENSED  PHARMACIST,
 AS DIRECTED, IN COMPOUNDING, PREPARING, LABELING, OR DISPENSING OF DRUGS
 USED TO FILL VALID PRESCRIPTIONS OR MEDICATION ORDERS OR IN COMPOUNDING,
 PREPARING, AND LABELING IN ANTICIPATION OF A VALID PRESCRIPTION OR MEDI-
 CATION  ORDER  FOR A PATIENT TO BE SERVED BY THE FACILITY, IN ACCORDANCE
 WITH TITLE TEN OF THIS ARTICLE WHERE SUCH TASKS REQUIRE NO  PROFESSIONAL
 JUDGMENT.  SUCH  PROFESSIONAL  JUDGMENT  SHALL  ONLY  BE  EXERCISED BY A
 LICENSED PHARMACIST. A REGISTERED PHARMACY TECHNICIAN MAY ONLY  PRACTICE
 IN  A  FACILITY  LICENSED IN ACCORDANCE WITH ARTICLE TWENTY-EIGHT OF THE
 PUBLIC HEALTH LAW, OR A PHARMACY OWNED AND OPERATED BY SUCH A  FACILITY,
 UNDER  THE DIRECT PERSONAL SUPERVISION OF A LICENSED PHARMACIST EMPLOYED
 IN SUCH A FACILITY OR PHARMACY. SUCH FACILITY SHALL BE  RESPONSIBLE  FOR
 ENSURING  THAT THE REGISTERED PHARMACY TECHNICIAN HAS RECEIVED APPROPRI-
 ATE TRAINING TO ENSURE COMPETENCE BEFORE HE OR SHE  BEGINS  ASSISTING  A
 LICENSED  PHARMACIST  IN COMPOUNDING, PREPARING, LABELING, OR DISPENSING
 OF DRUGS, IN ACCORDANCE WITH THIS TITLE AND TITLE TEN OF  THIS  ARTICLE.
 FOR THE PURPOSES OF THIS TITLE, DIRECT PERSONAL SUPERVISION MEANS SUPER-
 VISION OF PROCEDURES BASED ON INSTRUCTIONS GIVEN DIRECTLY BY A SUPERVIS-
 ING  LICENSED  PHARMACIST  WHO  REMAINS  IN THE IMMEDIATE AREA WHERE THE
 PROCEDURES ARE BEING PERFORMED, AUTHORIZES THE PROCEDURES AND  EVALUATES
 THE  PROCEDURES  PERFORMED  BY THE REGISTERED PHARMACY TECHNICIANS AND A
 SUPERVISING LICENSED PHARMACIST SHALL APPROVE ALL WORK PERFORMED BY  THE
 REGISTERED  PHARMACY  TECHNICIAN  PRIOR  TO THE ACTUAL DISPENSING OF ANY
 DRUG.
   2. IN ADDITION TO THE REGISTERED PHARMACY TECHNICIAN SERVICES INCLUDED
 IN SUBDIVISION ONE OF THIS SECTION, REGISTERED PHARMACY TECHNICIANS  MAY
 ALSO ASSIST A LICENSED PHARMACIST IN THE DISPENSING OF DRUGS BY PERFORM-
 ING  THE  FOLLOWING  FUNCTIONS  THAT DO NOT REQUIRE A LICENSE UNDER THIS
 TITLE:
   A. RECEIVING  WRITTEN  OR  ELECTRONICALLY  TRANSMITTED  PRESCRIPTIONS,
 EXCEPT  THAT IN THE CASE OF ELECTRONICALLY TRANSMITTED PRESCRIPTIONS THE
 LICENSED PHARMACIST OR PHARMACY INTERN SHALL REVIEW THE PRESCRIPTION  TO
 DETERMINE  WHETHER  IN  HIS  OR  HER  PROFESSIONAL  JUDGMENT IT SHALL BE
 ACCEPTED BY THE PHARMACY, AND IF ACCEPTED, THE  LICENSED  PHARMACIST  OR
 PHARMACY  INTERN SHALL ENTER HIS OR HER INITIALS INTO THE RECORDS OF THE
 PHARMACY;
   B. TYPING PRESCRIPTION LABELS;
   C. KEYING PRESCRIPTION DATA FOR ENTRY INTO A  COMPUTER-GENERATED  FILE
 OR RETRIEVING PRESCRIPTION DATA FROM THE FILE, PROVIDED THAT SUCH COMPU-
 TER-GENERATED  FILE  SHALL  PROVIDE  FOR VERIFICATION OF ALL INFORMATION
 NEEDED TO FILL THE PRESCRIPTION BY A LICENSED PHARMACIST  PRIOR  TO  THE
 DISPENSING  OF  THE  PRESCRIPTION,  MEANING THAT THE LICENSED PHARMACIST
 SHALL REVIEW AND APPROVE SUCH INFORMATION AND ENTER HIS OR HER  INITIALS
 OR  OTHER PERSONAL IDENTIFIER INTO THE RECORDKEEPING SYSTEM PRIOR TO THE
 DISPENSING OF THE PRESCRIPTION OR OF THE PRESCRIPTION REFILL;
   D. GETTING DRUGS FROM STOCK AND RETURNING THEM TO STOCK;
   E. GETTING PRESCRIPTION FILES AND OTHER MANUAL  RECORDS  FROM  STORAGE
 AND LOCATING PRESCRIPTIONS;
   F. COUNTING DOSAGE UNITS OF DRUGS;
   G. PLACING DOSAGE UNITS OF DRUGS IN APPROPRIATE CONTAINERS;
   H. AFFIXING THE PRESCRIPTION LABEL TO THE CONTAINERS;
   I.  PREPARING  MANUAL  RECORDS  OF  DISPENSING  FOR  THE  SIGNATURE OR
 INITIALS OF THE LICENSED PHARMACIST;
 S. 4007                            365                           A. 3007
 
   J. HANDING OR DELIVERING COMPLETED PRESCRIPTIONS TO THE PATIENT OR THE
 PERSON AUTHORIZED TO ACT ON BEHALF OF THE  PATIENT  AND,  IN  ACCORDANCE
 WITH  THE  RELEVANT  COMMISSIONER'S REGULATIONS, ADVISING THE PATIENT OR
 PERSON AUTHORIZED TO ACT ON BEHALF OF THE PATIENT OF THE AVAILABILITY OF
 COUNSELING  TO  BE  CONDUCTED  BY  THE  LICENSED  PHARMACIST OR PHARMACY
 INTERN; OR
   K. PERFORMING OTHER FUNCTIONS AS DEFINED BY THE  COMMISSIONER'S  REGU-
 LATIONS.
   3.  UNDER  THE  DIRECT  PERSONAL SUPERVISION OF A LICENSED PHARMACIST,
 UNLICENSED PERSONS WHO  ARE  NOT  REGISTERED  PHARMACY  TECHNICIANS  MAY
 ASSIST  LICENSED  PHARMACISTS  IN  PERFORMING  TASKS THAT DO NOT REQUIRE
 LICENSURE IN ACCORDANCE WITH REGULATIONS PROMULGATED BY THE COMMISSIONER
 AND ARE ALSO DESCRIBED IN SUBDIVISION TWO OF  THIS  SECTION.  UNLICENSED
 PERSONS  WHO ARE NOT REGISTERED PHARMACY TECHNICIANS SHALL NOT ENGAGE IN
 OR ASSIST IN COMPOUNDING.
   4. NO LICENSED PHARMACIST SHALL OBTAIN THE ASSISTANCE OF MORE THAN TWO
 REGISTERED PHARMACY TECHNICIANS IN THE  PERFORMANCE  OF  LICENSED  TASKS
 WITHIN  THEIR  SCOPE  OF  PRACTICE  OR  FOUR  UNLICENSED PERSONS, IN THE
 PERFORMANCE OF THE ACTIVITIES THAT DO NOT REQUIRE LICENSURE,  THE  TOTAL
 OF SUCH PERSONS SHALL NOT EXCEED FOUR INDIVIDUALS AT ANY ONE TIME. PHAR-
 MACY  INTERNS  SHALL BE EXEMPT FROM SUCH RATIOS, BUT SHALL BE SUPERVISED
 IN ACCORDANCE  WITH  COMMISSIONER'S  REGULATIONS.  INDIVIDUALS  WHO  ARE
 RESPONSIBLE  FOR THE ACT OF PLACING DRUGS WHICH ARE IN UNIT-DOSE PACKAG-
 ING INTO MEDICATION CARTS AS PART OF AN APPROVED UNIT-DOSE DRUG DISTRIB-
 UTION SYSTEM FOR PATIENTS IN INSTITUTIONAL SETTINGS SHALL BE EXEMPT FROM
 SUCH RATIO, PROVIDED THAT SUCH  INDIVIDUALS  ARE  NOT  ALSO  ENGAGED  IN
 PERFORMING  THE  ACTIVITIES SET FORTH IN SUBDIVISION ONE OR PARAGRAPH B,
 C, D, E, F, G, H, OR I OF SUBDIVISION TWO OF THIS SECTION. THE  LICENSED
 PHARMACIST  SHALL  PROVIDE  THE DEGREE OF SUPERVISION OF SUCH PERSONS AS
 MAY BE APPROPRIATE TO ENSURE COMPLIANCE WITH THE RELEVANT PROVISIONS  OF
 REGULATIONS OF THE COMMISSIONER.
   § 6842. DEFINITIONS. AS USED IN THIS TITLE:
   1.  "LICENSED PHARMACIST" MEANS A PERSON LICENSED TO PRACTICE PHARMACY
 PURSUANT TO TITLE TEN OF THIS ARTICLE.
   2. "PHARMACY INTERN" MEANS A PERSON PRACTICING UNDER A LIMITED  PERMIT
 PURSUANT TO SECTION SIXTY-EIGHT HUNDRED SIX OF THIS ARTICLE.
   3.  "PROFESSIONAL  JUDGMENT"  MEANS  PROFESSIONAL DECISION-MAKING BY A
 LICENSED PHARMACIST, INCLUDING, BUT NOT LIMITED TO, SUCH ACTIVITIES AS:
   A. INTERPRETING A PRESCRIPTION OR  MEDICATION  ORDER  FOR  THERAPEUTIC
 ACCEPTABILITY AND APPROPRIATENESS OR ENGAGING IN THE CALCULATIONS BEHIND
 ANY SUCH FORMULATIONS;
   B.  INTERPRETING AND EVALUATING A PRESCRIPTION OR MEDICATION ORDER FOR
 CONFORMANCE WITH LEGAL REQUIREMENTS, AUTHENTICITY, ACCURACY  AND  INTER-
 ACTION  OF  THE PRESCRIBED DRUG WITH OTHER KNOWN PRESCRIBED AND OVER-THE
 -COUNTER DRUGS;
   C. RECEIVING ORAL PRESCRIPTIONS FROM PRESCRIBERS; OR
   D. COUNSELING PATIENTS.
   4. "COMPOUNDING" MEANS  THE  COMBINING,  ADMIXING,  MIXING,  DILUTING,
 POOLING,  RECONSTITUTING,  OR  OTHERWISE ALTERING OF A DRUG OR BULK DRUG
 SUBSTANCE TO CREATE A DRUG.
   5. "DRUGS", "PHARMACOPEIA", "LABELING" AND "STERILE DRUG"  SHALL  HAVE
 THE  SAME DEFINITIONS AS SET FORTH IN SECTION SIXTY-EIGHT HUNDRED TWO OF
 THIS ARTICLE.
   § 6843. PRACTICE OF REGISTERED PHARMACY  TECHNICIAN  AND  USE  OF  THE
 TITLE  "REGISTERED PHARMACY TECHNICIAN". ONLY A PERSON LICENSED TO PRAC-
 TICE AS A REGISTERED PHARMACY TECHNICIAN UNDER THIS TITLE  OR  OTHERWISE
 S. 4007                            366                           A. 3007
 
 AUTHORIZED SHALL PRACTICE AS A REGISTERED PHARMACY TECHNICIAN OR USE THE
 TITLE "REGISTERED PHARMACY TECHNICIAN."
   §  6844.  REQUIREMENTS  FOR LICENSURE AS A REGISTERED PHARMACY TECHNI-
 CIAN. TO QUALIFY FOR LICENSURE AS A "REGISTERED PHARMACY TECHNICIAN", AN
 APPLICANT SHALL FULFILL THE FOLLOWING REQUIREMENTS:
   1. APPLICATION: FILE AN APPLICATION WITH THE DEPARTMENT;
   2. EDUCATION: HAVE RECEIVED AN EDUCATION, INCLUDING HIGH SCHOOL GRADU-
 ATION OR ITS EQUIVALENT, AS DETERMINED BY THE DEPARTMENT;
   3. CERTIFICATION FROM  A  NATIONALLY  ACCREDITED  PHARMACY  TECHNICIAN
 CERTIFICATION PROGRAM ACCEPTABLE TO THE DEPARTMENT;
   4. AGE: AT THE TIME OF APPLICATION BE AT LEAST EIGHTEEN YEARS OF AGE;
   5.  CHARACTER: BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE DEPART-
 MENT; AND
   6. FEE: PAY A FEE DETERMINED BY THE DEPARTMENT FOR INITIAL LICENSE AND
 FOR EACH TRIENNIAL REGISTRATION PERIOD.
 
                                 TITLE 12
                                  NURSING
 
 SECTION 6900. INTRODUCTION.
         6901. DEFINITIONS.
         6902. DEFINITION OF PRACTICE OF NURSING.
         6903. PRACTICE OF NURSING AND USE OF TITLE  "REGISTERED  PROFES-
                 SIONAL NURSE" OR "LICENSED PRACTICAL NURSE".
         6904. STATE BOARD FOR NURSING.
         6905. REQUIREMENTS  FOR  A  LICENSE AS A REGISTERED PROFESSIONAL
                 NURSE.
         6906. REQUIREMENTS FOR A LICENSE AS A LICENSED PRACTICAL NURSE.
         6907. LIMITED PERMITS.
         6908. EXEMPT PERSONS.
         6909. SPECIAL PROVISION.
         6910. CERTIFICATES FOR NURSE PRACTITIONER PRACTICE.
         6911. CERTIFICATION AS A CLINICAL NURSE SPECIALIST (CNS).
   § 6900. INTRODUCTION. THIS TITLE APPLIES TO THE PROFESSION OF NURSING.
 THE GENERAL PROVISIONS FOR ALL PROFESSIONS CONTAINED  IN  TITLE  ONE  OF
 THIS ARTICLE APPLY TO THIS TITLE.
   § 6901. DEFINITIONS. AS USED IN SECTION SIXTY-NINE HUNDRED TWO OF THIS
 TITLE:
   1.  "DIAGNOSING"  IN  THE CONTEXT OF NURSING PRACTICE MEANS THAT IDEN-
 TIFICATION OF AND DISCRIMINATION BETWEEN PHYSICAL AND PSYCHOSOCIAL SIGNS
 AND SYMPTOMS ESSENTIAL TO EFFECTIVE  EXECUTION  AND  MANAGEMENT  OF  THE
 NURSING  REGIMEN.  SUCH  DIAGNOSTIC PRIVILEGE IS DISTINCT FROM A MEDICAL
 DIAGNOSIS.
   2. "TREATING" MEANS SELECTION AND  PERFORMANCE  OF  THOSE  THERAPEUTIC
 MEASURES  ESSENTIAL  TO  THE  EFFECTIVE  EXECUTION AND MANAGEMENT OF THE
 NURSING REGIMEN, AND EXECUTION OF ANY PRESCRIBED MEDICAL REGIMEN.
   3. "HUMAN RESPONSES" MEANS THOSE SIGNS, SYMPTOMS AND  PROCESSES  WHICH
 DENOTE  THE  INDIVIDUAL'S INTERACTION WITH AN ACTUAL OR POTENTIAL HEALTH
 PROBLEM.
   § 6902. DEFINITION OF PRACTICE OF NURSING.  1.  THE  PRACTICE  OF  THE
 PROFESSION  OF  NURSING AS A REGISTERED PROFESSIONAL NURSE IS DEFINED AS
 DIAGNOSING AND TREATING HUMAN RESPONSES TO ACTUAL  OR  POTENTIAL  HEALTH
 PROBLEMS  THROUGH  SUCH SERVICES AS CASEFINDING, HEALTH TEACHING, HEALTH
 COUNSELING, AND PROVISION OF CARE SUPPORTIVE TO OR RESTORATIVE  OF  LIFE
 AND  WELL-BEING, AND EXECUTING MEDICAL REGIMENS PRESCRIBED BY A LICENSED
 PHYSICIAN, DENTIST  OR  OTHER  LICENSED  HEALTH  CARE  PROVIDER  LEGALLY
 S. 4007                            367                           A. 3007
 
 AUTHORIZED  UNDER  THIS  TITLE AND IN ACCORDANCE WITH THE COMMISSIONER'S
 REGULATIONS. A NURSING REGIMEN SHALL BE CONSISTENT WITH  AND  SHALL  NOT
 VARY ANY EXISTING MEDICAL REGIMEN.
   2. THE PRACTICE OF NURSING AS A LICENSED PRACTICAL NURSE IS DEFINED AS
 PERFORMING  TASKS AND RESPONSIBILITIES WITHIN THE FRAMEWORK OF CASEFIND-
 ING, HEALTH TEACHING, HEALTH COUNSELING, AND PROVISION OF SUPPORTIVE AND
 RESTORATIVE CARE UNDER THE DIRECTION OF A REGISTERED PROFESSIONAL  NURSE
 OR  LICENSED  PHYSICIAN,  DENTIST OR OTHER LICENSED HEALTH CARE PROVIDER
 LEGALLY AUTHORIZED UNDER THIS ARTICLE AND IN ACCORDANCE WITH THE COMMIS-
 SIONER'S REGULATIONS.
   3. A. (I) THE PRACTICE OF REGISTERED PROFESSIONAL NURSING BY  A  NURSE
 PRACTITIONER,  CERTIFIED  UNDER SECTION SIX THOUSAND NINE HUNDRED TEN OF
 THIS TITLE, MAY INCLUDE THE DIAGNOSIS OF ILLNESS AND PHYSICAL CONDITIONS
 AND THE PERFORMANCE OF THERAPEUTIC  AND  CORRECTIVE  MEASURES  WITHIN  A
 SPECIALTY  AREA  OF PRACTICE, IN COLLABORATION WITH A LICENSED PHYSICIAN
 QUALIFIED TO  COLLABORATE  IN  THE  SPECIALTY  INVOLVED,  PROVIDED  SUCH
 SERVICES  ARE  PERFORMED IN ACCORDANCE WITH A WRITTEN PRACTICE AGREEMENT
 AND WRITTEN PRACTICE PROTOCOLS EXCEPT AS PERMITTED  BY  PARAGRAPH  B  OF
 THIS  SUBDIVISION. THE WRITTEN PRACTICE AGREEMENT SHALL INCLUDE EXPLICIT
 PROVISIONS FOR THE RESOLUTION OF ANY DISAGREEMENT  BETWEEN  THE  COLLAB-
 ORATING PHYSICIAN AND THE NURSE PRACTITIONER REGARDING A MATTER OF DIAG-
 NOSIS  OR TREATMENT THAT IS WITHIN THE SCOPE OF PRACTICE OF BOTH. TO THE
 EXTENT THE PRACTICE AGREEMENT DOES NOT SO PROVIDE, THEN THE  COLLABORAT-
 ING PHYSICIAN'S DIAGNOSIS OR TREATMENT SHALL PREVAIL.
   (II)  PRESCRIPTIONS  FOR  DRUGS,  DEVICES AND IMMUNIZING AGENTS MAY BE
 ISSUED BY A NURSE PRACTITIONER, UNDER THIS  PARAGRAPH  AND  SECTION  SIX
 THOUSAND NINE HUNDRED TEN OF THIS TITLE, IN ACCORDANCE WITH THE PRACTICE
 AGREEMENT  AND  PRACTICE PROTOCOLS EXCEPT AS PERMITTED BY PARAGRAPH B OF
 THIS SUBDIVISION. THE NURSE PRACTITIONER SHALL OBTAIN A CERTIFICATE FROM
 THE DEPARTMENT UPON  SUCCESSFULLY  COMPLETING  A  PROGRAM  INCLUDING  AN
 APPROPRIATE PHARMACOLOGY COMPONENT, OR ITS EQUIVALENT, AS ESTABLISHED BY
 THE  COMMISSIONER'S  REGULATIONS,  PRIOR TO PRESCRIBING UNDER THIS PARA-
 GRAPH. THE CERTIFICATE ISSUED UNDER SECTION SIX  THOUSAND  NINE  HUNDRED
 TEN  OF  THIS  TITLE  SHALL  STATE  WHETHER  THE  NURSE PRACTITIONER HAS
 SUCCESSFULLY COMPLETED SUCH A PROGRAM OR EQUIVALENT AND IS AUTHORIZED TO
 PRESCRIBE UNDER THIS PARAGRAPH.
   (III) EACH PRACTICE AGREEMENT SHALL PROVIDE FOR PATIENT RECORDS REVIEW
 BY THE COLLABORATING PHYSICIAN IN A TIMELY FASHION BUT IN NO EVENT  LESS
 OFTEN  THAN  EVERY THREE MONTHS. THE NAMES OF THE NURSE PRACTITIONER AND
 THE COLLABORATING PHYSICIAN SHALL BE  CLEARLY  POSTED  IN  THE  PRACTICE
 SETTING OF THE NURSE PRACTITIONER.
   (IV)  THE PRACTICE PROTOCOL SHALL REFLECT CURRENT ACCEPTED MEDICAL AND
 NURSING PRACTICE. THE PROTOCOLS SHALL BE FILED WITH THE DEPARTMENT WITH-
 IN NINETY DAYS OF THE COMMENCEMENT OF THE PRACTICE AND  MAY  BE  UPDATED
 PERIODICALLY.  THE  COMMISSIONER SHALL MAKE REGULATIONS ESTABLISHING THE
 PROCEDURE FOR THE REVIEW OF PROTOCOLS AND THE DISPOSITION OF ANY  ISSUES
 ARISING FROM SUCH REVIEW.
   (V)  NO  PHYSICIAN SHALL ENTER INTO PRACTICE AGREEMENTS WITH MORE THAN
 FOUR NURSE PRACTITIONERS WHO ARE NOT LOCATED ON THE SAME PHYSICAL  PREM-
 ISES AS THE COLLABORATING PHYSICIAN.
   B.  NOTWITHSTANDING  SUBPARAGRAPH  (I) OF PARAGRAPH A OF THIS SUBDIVI-
 SION, A NURSE PRACTITIONER, CERTIFIED UNDER SECTION  SIXTY-NINE  HUNDRED
 TEN  OF  THIS  TITLE  AND  PRACTICING  FOR  MORE THAN THREE THOUSAND SIX
 HUNDRED HOURS MAY COMPLY WITH THIS PARAGRAPH IN LIEU OF  COMPLYING  WITH
 THE  REQUIREMENTS OF PARAGRAPH A OF THIS SUBDIVISION RELATING TO COLLAB-
 ORATION WITH A PHYSICIAN, A WRITTEN PRACTICE AGREEMENT AND WRITTEN PRAC-
 S. 4007                            368                           A. 3007

 TICE PROTOCOLS. A NURSE PRACTITIONER COMPLYING WITH THIS PARAGRAPH SHALL
 HAVE COLLABORATIVE RELATIONSHIPS WITH ONE OR  MORE  LICENSED  PHYSICIANS
 QUALIFIED  TO  COLLABORATE  IN  THE  SPECIALTY  INVOLVED  OR A HOSPITAL,
 LICENSED  UNDER  ARTICLE  TWENTY-EIGHT  OF  THIS  CHAPTER, THAT PROVIDES
 SERVICES THROUGH LICENSED PHYSICIANS QUALIFIED  TO  COLLABORATE  IN  THE
 SPECIALTY  INVOLVED  AND  HAVING  PRIVILEGES  AT  SUCH  INSTITUTION.  AS
 EVIDENCE THAT THE NURSE PRACTITIONER MAINTAINS  COLLABORATIVE  RELATION-
 SHIPS,  THE  NURSE  PRACTITIONER  SHALL  COMPLETE  AND  MAINTAIN A FORM,
 CREATED BY THE DEPARTMENT, TO WHICH THE NURSE PRACTITIONER SHALL ATTEST,
 THAT DESCRIBES SUCH COLLABORATIVE RELATIONSHIPS. FOR  PURPOSES  OF  THIS
 PARAGRAPH, "COLLABORATIVE RELATIONSHIPS" SHALL MEAN THAT THE NURSE PRAC-
 TITIONER  SHALL  COMMUNICATE, WHETHER IN PERSON, BY TELEPHONE OR THROUGH
 WRITTEN (INCLUDING ELECTRONIC) MEANS, WITH A LICENSED  PHYSICIAN  QUALI-
 FIED  TO  COLLABORATE  IN  THE  SPECIALTY  INVOLVED OR, IN THE CASE OF A
 HOSPITAL, COMMUNICATE WITH A LICENSED PHYSICIAN QUALIFIED TO COLLABORATE
 IN THE SPECIALTY INVOLVED AND HAVING PRIVILEGES AT  SUCH  HOSPITAL,  FOR
 THE  PURPOSES  OF EXCHANGING INFORMATION, AS NEEDED, IN ORDER TO PROVIDE
 COMPREHENSIVE PATIENT CARE AND TO MAKE REFERRALS  AS  NECESSARY.    SUCH
 FORM SHALL ALSO REFLECT THE NURSE PRACTITIONER'S ACKNOWLEDGEMENT THAT IF
 REASONABLE  EFFORTS  TO  RESOLVE  ANY  DISPUTE  THAT  MAY ARISE WITH THE
 COLLABORATING PHYSICIAN OR, IN THE CASE OF A COLLABORATION WITH A HOSPI-
 TAL, WITH A LICENSED PHYSICIAN QUALIFIED TO COLLABORATE IN THE SPECIALTY
 INVOLVED AND HAVING PRIVILEGES AT SUCH HOSPITAL, ABOUT A PATIENT'S  CARE
 ARE  NOT  SUCCESSFUL, THE RECOMMENDATION OF THE PHYSICIAN SHALL PREVAIL.
 SUCH FORM SHALL BE UPDATED AS NEEDED AND MAY BE SUBJECT TO REVIEW BY THE
 DEPARTMENT. THE NURSE PRACTITIONER  SHALL  MAINTAIN  DOCUMENTATION  THAT
 SUPPORTS  SUCH  COLLABORATIVE RELATIONSHIPS.  FAILURE TO COMPLY WITH THE
 REQUIREMENTS FOUND IN THIS PARAGRAPH BY A NURSE PRACTITIONER WHO IS  NOT
 COMPLYING WITH SUCH PROVISIONS OF PARAGRAPH A OF THIS SUBDIVISION, SHALL
 BE  SUBJECT  TO PROFESSIONAL MISCONDUCT PROVISIONS AS SET FORTH IN TITLE
 ONE OF THIS ARTICLE.
   C. NOTHING IN THIS SUBDIVISION SHALL BE DEEMED TO  LIMIT  OR  DIMINISH
 THE  PRACTICE  OF THE PROFESSION OF NURSING AS A REGISTERED PROFESSIONAL
 NURSE UNDER THIS TITLE OR ANY OTHER LAW,  RULE,  REGULATION  OR  CERTIF-
 ICATION,  NOR  TO DENY ANY REGISTERED PROFESSIONAL NURSE THE RIGHT TO DO
 ANY ACT OR ENGAGE IN ANY PRACTICE AUTHORIZED BY THIS TITLE OR ANY  OTHER
 LAW, RULE, REGULATION OR CERTIFICATION.
   D.  THE PROVISIONS OF THIS SUBDIVISION SHALL NOT APPLY TO ANY ACTIVITY
 AUTHORIZED, PURSUANT TO STATUTE, RULE OR REGULATION, TO BE PERFORMED  BY
 A  REGISTERED  PROFESSIONAL  NURSE  IN  A HOSPITAL AS DEFINED IN ARTICLE
 TWENTY-EIGHT OF THIS CHAPTER.
   § 6903. PRACTICE OF NURSING AND USE OF TITLE "REGISTERED  PROFESSIONAL
 NURSE"  OR  "LICENSED PRACTICAL NURSE". ONLY A PERSON LICENSED OR OTHER-
 WISE AUTHORIZED UNDER THIS TITLE  SHALL  PRACTICE  NURSING  AND  ONLY  A
 PERSON  LICENSED  UNDER  SECTION  SIXTY-NINE  HUNDRED FIVE OF THIS TITLE
 SHALL USE THE TITLE "REGISTERED PROFESSIONAL NURSE" AND  ONLY  A  PERSON
 LICENSED  UNDER  SECTION  SIXTY-NINE HUNDRED SIX OF THIS TITLE SHALL USE
 THE TITLE "LICENSED PRACTICAL NURSE". NO  PERSON  SHALL  USE  THE  TITLE
 "NURSE"  OR  ANY OTHER TITLE OR ABBREVIATION THAT WOULD REPRESENT TO THE
 PUBLIC THAT THE PERSON IS AUTHORIZED  TO  PRACTICE  NURSING  UNLESS  THE
 PERSON IS LICENSED OR OTHERWISE AUTHORIZED UNDER THIS TITLE.
   §  6904.  STATE  BOARD FOR NURSING. A STATE BOARD FOR NURSING SHALL BE
 APPOINTED BY THE DEPARTMENT ON RECOMMENDATION OF  THE  COMMISSIONER  FOR
 THE  PURPOSE  OF  ASSISTING  THE  DEPARTMENT  ON MATTERS OF PROFESSIONAL
 LICENSING AND PROFESSIONAL CONDUCT IN ACCORDANCE WITH SECTION SIXTY-FIVE
 HUNDRED EIGHT OF THIS ARTICLE. THE BOARD SHALL BE COMPOSED OF  NOT  LESS
 S. 4007                            369                           A. 3007
 
 THAN  FIFTEEN  MEMBERS,  ELEVEN OF WHOM SHALL BE REGISTERED PROFESSIONAL
 NURSES AND FOUR OF WHOM SHALL BE LICENSED PRACTICAL NURSES ALL  LICENSED
 AND  PRACTICING  IN  THIS  STATE  FOR  AT LEAST FIVE YEARS. AN EXECUTIVE
 SECRETARY TO THE BOARD SHALL BE APPOINTED BY THE DEPARTMENT ON RECOMMEN-
 DATION  OF THE COMMISSIONER AND SHALL BE A REGISTERED PROFESSIONAL NURSE
 REGISTERED IN THIS STATE.
   § 6905. REQUIREMENTS FOR A LICENSE AS A REGISTERED PROFESSIONAL NURSE.
 TO QUALIFY FOR A LICENSE AS A REGISTERED PROFESSIONAL NURSE,  AN  APPLI-
 CANT SHALL FULFILL THE FOLLOWING REQUIREMENTS:
   1. APPLICATION: FILE AN APPLICATION WITH THE DEPARTMENT;
   2.  EDUCATION:  HAVE RECEIVED AN EDUCATION, AND A DIPLOMA OR DEGREE IN
 PROFESSIONAL NURSING, IN ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS,
 AND IN ORDER TO  CONTINUE  TO  MAINTAIN  REGISTRATION  AS  A  REGISTERED
 PROFESSIONAL  NURSE  IN  NEW  YORK  STATE, HAVE ATTAINED A BACCALAUREATE
 DEGREE OR HIGHER IN NURSING WITHIN TEN YEARS  OF  INITIAL  LICENSURE  IN
 ACCORDANCE  WITH  THE COMMISSIONER'S REGULATIONS. THE DEPARTMENT, IN ITS
 DISCRETION, MAY ISSUE A CONDITIONAL REGISTRATION TO A LICENSEE WHO FAILS
 TO COMPLETE THE BACCALAUREATE DEGREE BUT WHO AGREES TO  MEET  THE  ADDI-
 TIONAL  REQUIREMENT  WITHIN  ONE  YEAR.  THE  FEE FOR SUCH A CONDITIONAL
 REGISTRATION SHALL BE THE SAME AS, AND IN ADDITION TO, THE FEE  FOR  THE
 TRIENNIAL  REGISTRATION.  THE  DURATION OF SUCH CONDITIONAL REGISTRATION
 SHALL BE FOR ONE YEAR AND MAY BE EXTENDED, WITH THE PAYMENT  OF  A  FEE,
 FOR NO MORE THAN ONE ADDITIONAL YEAR, UNLESS THE APPLICANT CAN SHOW GOOD
 CAUSE  FOR  NON-COMPLIANCE ACCEPTABLE TO THE DEPARTMENT. THE DEPARTMENT,
 IN ITS DISCRETION, MAY ISSUE A  TEMPORARY  EDUCATIONAL  EXEMPTION  TO  A
 LICENSEE  WHO  IS  UNABLE  TO COMPLETE THE BACCALAUREATE DEGREE DUE TO A
 LACK OF ACCESS TO EDUCATIONAL PROGRAMS. LICENSEES  SEEKING  A  TEMPORARY
 EDUCATIONAL EXEMPTION SHALL PROVIDE EVIDENCE OF APPLYING ON AT LEAST TWO
 OCCASIONS TO A BACCALAUREATE DEGREE PROGRAM OR PROGRAMS AND SUBSEQUENTLY
 BEING  DENIED  ACCESS  TO SUCH PROGRAM OR PROGRAMS ON AT LEAST TWO OCCA-
 SIONS DUE TO THERE BEING A LIMITED NUMBER OF SEATS. SUCH  DENIALS  SHALL
 ALSO BE CORROBORATED BY THE HIGHER EDUCATION INSTITUTION OR INSTITUTIONS
 THAT  THE  LICENSEE  APPLIED TO. TEMPORARY EDUCATIONAL EXEMPTIONS ISSUED
 PURSUANT TO THIS SUBDIVISION SHALL BE  FOR  A  SINGLE  TWO-YEAR  PERIOD.
 LICENSEES  SHALL  ONLY BE ELIGIBLE FOR EITHER A CONDITIONAL REGISTRATION
 OR A TEMPORARY EDUCATIONAL EXEMPTION.  THE  FEE  FOR  SUCH  A  TEMPORARY
 EDUCATIONAL  EXEMPTION SHALL BE THE SAME AS, AND IN ADDITION TO, THE FEE
 FOR THE TRIENNIAL REGISTRATION.   ANY LICENSEE WHO IS  NOTIFIED  OF  THE
 DENIAL  OF  A REGISTRATION FOR FAILURE TO COMPLETE THE ADDITIONAL EDUCA-
 TIONAL REQUIREMENTS AND WHO PRACTICES AS A REGISTERED PROFESSIONAL NURSE
 WITHOUT SUCH REGISTRATION MAY BE  SUBJECT  TO  DISCIPLINARY  PROCEEDINGS
 PURSUANT TO SECTION SIXTY-FIVE HUNDRED TEN OF THIS ARTICLE;
   3. EXPERIENCE: MEET NO REQUIREMENT AS TO EXPERIENCE;
   4.  EXAMINATION:  PASS AN EXAMINATION SATISFACTORY TO THE BOARD AND IN
 ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS;
   5. AGE: BE AT LEAST EIGHTEEN YEARS OF AGE;
   6. CITIZENSHIP: MEET NO REQUIREMENT AS TO UNITED STATES CITIZENSHIP;
   7. CHARACTER: BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE  DEPART-
 MENT; AND
   8.  FEES:  PAY  A FEE OF ONE HUNDRED FIFTEEN DOLLARS TO THE DEPARTMENT
 FOR ADMISSION TO A DEPARTMENT CONDUCTED EXAMINATION AND FOR  AN  INITIAL
 LICENSE,  A  FEE  OF FORTY-FIVE DOLLARS FOR EACH REEXAMINATION, A FEE OF
 SEVENTY DOLLARS FOR AN INITIAL LICENSE FOR PERSONS NOT REQUIRING  ADMIS-
 SION  TO  A DEPARTMENT CONDUCTED EXAMINATION, AND A FEE OF FIFTY DOLLARS
 FOR EACH TRIENNIAL REGISTRATION PERIOD.
 S. 4007                            370                           A. 3007
 
   § 6906. REQUIREMENTS FOR A LICENSE AS A LICENSED PRACTICAL  NURSE.  TO
 QUALIFY  FOR A LICENSE AS A LICENSED PRACTICAL NURSE, AN APPLICANT SHALL
 FULFILL THESE REQUIREMENTS:
   1. APPLICATION: FILE AN APPLICATION WITH THE DEPARTMENT;
   2.  EDUCATION: HAVE RECEIVED AN EDUCATION INCLUDING COMPLETION OF HIGH
 SCHOOL OR ITS EQUIVALENT, AND HAVE  COMPLETED  A  PROGRAM  IN  PRACTICAL
 NURSING,   IN   ACCORDANCE   WITH  THE  COMMISSIONER'S  REGULATIONS,  OR
 COMPLETION OF EQUIVALENT STUDY  SATISFACTORY  TO  THE  DEPARTMENT  IN  A
 PROGRAM  CONDUCTED  BY  THE  ARMED  FORCES OF THE UNITED STATES OR IN AN
 APPROVED PROGRAM IN PROFESSIONAL NURSING;
   3. EXPERIENCE: MEET NO REQUIREMENT AS TO EXPERIENCE;
   4. EXAMINATION: PASS AN EXAMINATION SATISFACTORY TO THE BOARD  AND  IN
 ACCORDANCE  WITH THE COMMISSIONER'S REGULATIONS, PROVIDED, HOWEVER, THAT
 THE EDUCATIONAL REQUIREMENTS  SET  FORTH  IN  SUBDIVISION  TWO  OF  THIS
 SECTION ARE MET PRIOR TO ADMISSION FOR THE LICENSING EXAMINATION;
   5. AGE: BE AT LEAST SEVENTEEN YEARS OF AGE;
   6. CITIZENSHIP: MEET NO REQUIREMENTS AS TO UNITED STATES CITIZENSHIP;
   7.  CHARACTER: BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE DEPART-
 MENT; AND
   8. FEES: PAY A FEE OF ONE HUNDRED FIFTEEN DOLLARS  TO  THE  DEPARTMENT
 FOR  ADMISSION  TO A DEPARTMENT CONDUCTED EXAMINATION AND FOR AN INITIAL
 LICENSE, A FEE OF FORTY-FIVE DOLLARS FOR EACH REEXAMINATION,  A  FEE  OF
 SEVENTY  DOLLARS FOR AN INITIAL LICENSE FOR PERSONS NOT REQUIRING ADMIS-
 SION TO A DEPARTMENT CONDUCTED EXAMINATION, AND A FEE OF  FIFTY  DOLLARS
 FOR EACH TRIENNIAL REGISTRATION PERIOD.
   9.  IN CONJUNCTION WITH AND AS A CONDITION OF EACH TRIENNIAL REGISTRA-
 TION, THE DEPARTMENT SHALL ASK AND  A  LICENSED  PRACTICAL  NURSE  SHALL
 INDICATE  WHETHER THE LICENSED PRACTICAL NURSE IS OR HAS PREVIOUSLY BEEN
 AUTHORIZED AS AN ADVANCED HOME HEALTH AIDE PURSUANT TO  SUBDIVISION  TWO
 OF  SECTION SIXTY-NINE HUNDRED EIGHT OF THIS TITLE. THE DEPARTMENT SHALL
 INCLUDE SUCH INFORMATION IN REPORTS  RELATED  TO  ADVANCED  HOME  HEALTH
 AIDES.
   §  6907.  LIMITED  PERMITS.  1.  A  PERMIT TO PRACTICE AS A REGISTERED
 PROFESSIONAL NURSE OR A PERMIT TO PRACTICE AS A LICENSED PRACTICAL NURSE
 MAY BE ISSUED BY THE DEPARTMENT UPON THE FILING OF AN APPLICATION FOR  A
 LICENSE  AS  A  REGISTERED PROFESSIONAL NURSE OR AS A LICENSED PRACTICAL
 NURSE AND SUBMISSION OF SUCH OTHER INFORMATION  AS  THE  DEPARTMENT  MAY
 REQUIRE TO:
   A. GRADUATES OF SCHOOLS OF NURSING REGISTERED BY THE DEPARTMENT;
   B.  GRADUATES  OF  SCHOOLS OF NURSING APPROVED IN ANOTHER STATE, PROV-
 INCE, OR COUNTRY; OR
   C. APPLICANTS FOR A LICENSE IN PRACTICAL NURSING WHOSE PREPARATION  IS
 DETERMINED  BY  THE  DEPARTMENT TO BE THE EQUIVALENT OF THAT REQUIRED IN
 THIS STATE.
   2. SUCH LIMITED PERMIT SHALL EXPIRE ONE YEAR FROM THE DATE OF ISSUANCE
 OR UPON NOTICE TO THE APPLICANT BY THE DEPARTMENT THAT  THE  APPLICATION
 FOR  LICENSE  HAS  BEEN  DENIED,  OR  TEN DAYS AFTER NOTIFICATION TO THE
 APPLICANT OF FAILURE ON THE PROFESSIONAL LICENSING EXAMINATION, WHICHEV-
 ER SHALL FIRST OCCUR. NOTWITHSTANDING THE FOREGOING PROVISIONS  OF  THIS
 SUBDIVISION, IF THE APPLICANT IS WAITING THE RESULT OF A LICENSING EXAM-
 INATION  AT  THE  TIME  SUCH  LIMITED  PERMIT EXPIRES, SUCH PERMIT SHALL
 CONTINUE TO BE VALID UNTIL TEN DAYS AFTER NOTIFICATION TO THE  APPLICANT
 OF THE RESULTS OF SUCH EXAMINATION.
   3.  A LIMITED PERMIT SHALL ENTITLE THE HOLDER TO PRACTICE NURSING ONLY
 UNDER THE SUPERVISION OF A NURSE CURRENTLY REGISTERED IN THIS STATE  AND
 WITH THE ENDORSEMENT OF THE EMPLOYING AGENCY.
 S. 4007                            371                           A. 3007

   4. FEES. THE FEE FOR EACH LIMITED PERMIT SHALL BE THIRTY-FIVE DOLLARS.
   5. GRADUATES OF SCHOOLS OF NURSING REGISTERED BY THE DEPARTMENT MAY BE
 EMPLOYED  TO  PRACTICE NURSING UNDER SUPERVISION OF A PROFESSIONAL NURSE
 CURRENTLY REGISTERED IN THIS STATE  AND  WITH  THE  ENDORSEMENT  OF  THE
 EMPLOYING AGENCY FOR NINETY DAYS IMMEDIATELY FOLLOWING GRADUATION FROM A
 PROGRAM  IN NURSING AND PENDING RECEIPT OF A LIMITED PERMIT FOR WHICH AN
 APPLICATION HAS BEEN FILED AS PROVIDED IN THIS SECTION.
   § 6908. EXEMPT PERSONS. 1. THIS TITLE SHALL NOT BE CONSTRUED:
   A. AS PROHIBITING (I) 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 NURS-
 ING  UNDER  THE PROVISION OF THIS TITLE; PROVIDED THAT IF SUCH PERSON IS
 REMUNERATED, THE PERSON DOES NOT HOLD HIMSELF OR HERSELF OUT AS ONE  WHO
 ACCEPTS  EMPLOYMENT  FOR  PERFORMING SUCH CARE; OR THE ADMINISTRATION OF
 MEDICATIONS OR TREATMENT BY CHILD DAY CARE  PROVIDERS  OR  EMPLOYEES  OR
 CAREGIVERS OF CHILD DAY CARE PROGRAMS WHERE SUCH PROVIDERS, EMPLOYEES OR
 CAREGIVERS ARE ACTING UNDER THE DIRECTION AND AUTHORITY OF A PARENT OF A
 CHILD,  LEGAL  GUARDIAN,  LEGAL  CUSTODIAN,  OR AN ADULT IN WHOSE CARE A
 CHILD HAS BEEN ENTRUSTED AND WHO HAS BEEN AUTHORIZED BY  THE  PARENT  TO
 CONSENT  TO  ANY  HEALTH  CARE  FOR THE CHILD AND IN COMPLIANCE WITH THE
 REGULATIONS OF THE OFFICE OF CHILDREN AND FAMILY SERVICES PERTAINING  TO
 THE ADMINISTRATION OF MEDICATIONS AND TREATMENT; OR
   (II)  ANY  PERSON FROM THE DOMESTIC ADMINISTRATION OF FAMILY REMEDIES;
 OR
   (III) THE PROVIDING OF CARE BY A PERSON  ACTING  IN  THE  PLACE  OF  A
 PERSON  EXEMPT  UNDER  SUBPARAGRAPH  (I) OF THIS PARAGRAPH, BUT WHO DOES
 HOLD HIMSELF OR HERSELF OUT AS ONE WHO ACCEPTS EMPLOYMENT FOR PERFORMING
 SUCH CARE, WHERE  NURSING  SERVICES  ARE  UNDER  THE  INSTRUCTION  OF  A
 LICENSED  NURSE,  OR  UNDER  THE  INSTRUCTION  OF A PATIENT OR FAMILY OR
 HOUSEHOLD MEMBER DETERMINED BY A REGISTERED  PROFESSIONAL  NURSE  TO  BE
 SELF-DIRECTING  AND  CAPABLE OF PROVIDING SUCH INSTRUCTION, AND SERVICES
 ARE PROVIDED UNDER SECTION THREE  HUNDRED  SIXTY-FIVE-F  OF  THE  SOCIAL
 SERVICES LAW; OR
   (IV) THE FURNISHING OF NURSING ASSISTANCE IN CASE OF AN EMERGENCY; OR
   (V)  TASKS PROVIDED BY A DIRECT SUPPORT STAFF IN PROGRAMS CERTIFIED OR
 APPROVED BY THE OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES,  WHEN
 PERFORMED  UNDER  THE SUPERVISION OF A REGISTERED PROFESSIONAL NURSE AND
 PURSUANT TO A MEMORANDUM OF UNDERSTANDING BETWEEN THE OFFICE FOR  PEOPLE
 WITH  DEVELOPMENTAL  DISABILITIES AND THE DEPARTMENT, IN ACCORDANCE WITH
 AND PURSUANT TO AN  AUTHORIZED  PRACTITIONER'S  ORDERED  CARE,  PROVIDED
 THAT:  (1)  A  REGISTERED  PROFESSIONAL  NURSE DETERMINES, IN HIS OR HER
 PROFESSIONAL JUDGMENT, WHICH TASKS ARE TO BE PERFORMED  BASED  UPON  THE
 COMPLEXITY  OF THE TASKS, THE SKILL AND EXPERIENCE OF THE DIRECT SUPPORT
 STAFF, AND THE HEALTH STATUS OF THE INDIVIDUAL BEING CARED FOR; (2) ONLY
 A DIRECT SUPPORT STAFF WHO HAS COMPLETED TRAINING  AS  REQUIRED  BY  THE
 COMMISSIONER  OF  THE  OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES
 MAY PERFORM TASKS PURSUANT TO THIS SUBPARAGRAPH; (3) APPROPRIATE  PROTO-
 COLS  SHALL BE ESTABLISHED TO ENSURE SAFE ADMINISTRATION OF MEDICATIONS;
 (4) A DIRECT SUPPORT STAFF SHALL NOT ASSESS THE MEDICATION NEEDS  OF  AN
 INDIVIDUAL;  (5)  ADEQUATE  NURSING  SUPERVISION  IS PROVIDED, INCLUDING
 TRAINING AND PERIODIC INSPECTION OF PERFORMANCE OF THE TASKS. THE AMOUNT
 AND TYPE OF NURSING SUPERVISION SHALL BE DETERMINED  BY  THE  REGISTERED
 PROFESSIONAL  NURSE RESPONSIBLE FOR SUPERVISING SUCH TASK BASED UPON THE
 COMPLEXITY OF THE TASKS, THE SKILL AND EXPERIENCE OF THE DIRECT  SUPPORT
 STAFF,  AND  THE  HEALTH STATUS OF THE INDIVIDUAL BEING CARED FOR; (6) A
 S. 4007                            372                           A. 3007
 
 DIRECT SUPPORT STAFF SHALL NOT BE AUTHORIZED TO  PERFORM  ANY  TASKS  OR
 ACTIVITIES  PURSUANT  TO THIS SUBPARAGRAPH THAT ARE OUTSIDE THE SCOPE OF
 PRACTICE OF A LICENSED PRACTICAL NURSE; (7) A DIRECT SUPPORT STAFF SHALL
 NOT  REPRESENT  HIMSELF  OR  HERSELF,  OR ACCEPT EMPLOYMENT, AS A PERSON
 LICENSED TO PRACTICE NURSING UNDER THE PROVISIONS  OF  THIS  TITLE;  (8)
 DIRECT  SUPPORT STAFF PROVIDING MEDICATION ADMINISTRATION, TUBE FEEDING,
 OR DIABETIC CARE SHALL BE SEPARATELY CERTIFIED, AND SHALL BE RECERTIFIED
 ON AN ANNUAL BASIS; (9) THE REGISTERED PROFESSIONAL NURSE  SHALL  ENSURE
 THAT  THERE  IS A CONSUMER SPECIFIC MEDICATION SHEET FOR EACH MEDICATION
 THAT IS ADMINISTERED; AND (10)  APPROPRIATE  STAFFING  RATIOS  SHALL  BE
 DETERMINED  BY THE OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES AND
 THE DEPARTMENT TO ENSURE ADEQUATE NURSING SUPERVISION. NO DIRECT SUPPORT
 STAFF SHALL PERFORM TASKS UNDER THIS SUBPARAGRAPH UNTIL THE  OFFICE  FOR
 PEOPLE  WITH  DEVELOPMENTAL DISABILITIES AND THE DEPARTMENT HAVE ENTERED
 INTO A MEMORANDUM OF UNDERSTANDING TO EFFECTUATE THE PROVISIONS OF  THIS
 SUBPARAGRAPH.  THE  OFFICE  FOR  PEOPLE  WITH DEVELOPMENTAL DISABILITIES
 SHALL COMPLETE A CRIMINAL BACKGROUND CHECK PURSUANT TO SECTION 16.33  OF
 THE  MENTAL  HYGIENE  LAW  AND  AN  AGENCY  BACKGROUND CHECK PURSUANT TO
 SECTION 16.34 OF THE MENTAL HYGIENE LAW  ON  THE  DIRECT  SUPPORT  STAFF
 PRIOR  TO  THE  COMMENCEMENT  OF ANY PROVISION OF SERVICE PROVIDED UNDER
 THIS SUBPARAGRAPH IF SUCH DIRECT SUPPORT STAFF IS A NEW HIRE.   INDIVID-
 UALS  PROVIDING  SUPERVISION  OR  DIRECT  SUPPORT TASKS PURSUANT TO THIS
 SUBPARAGRAPH SHALL HAVE PROTECTION PURSUANT TO  SECTIONS  SEVEN  HUNDRED
 FORTY AND SEVEN HUNDRED FORTY-ONE OF THE LABOR LAW, WHERE APPLICABLE;
   B. AS INCLUDING SERVICES GIVEN BY ATTENDANTS IN INSTITUTIONS UNDER THE
 JURISDICTION  OF OR SUBJECT TO THE VISITATION OF THE STATE DEPARTMENT OF
 MENTAL HYGIENE IF ADEQUATE MEDICAL AND NURSING SUPERVISION IS PROVIDED;
   C. AS PROHIBITING SUCH PERFORMANCE  OF  NURSING  SERVICE  BY  STUDENTS
 ENROLLED IN REGISTERED SCHOOLS OR PROGRAMS AS MAY BE INCIDENTAL TO THEIR
 COURSE OF STUDY;
   D.  AS PROHIBITING OR PREVENTING THE PRACTICE OF NURSING IN THIS STATE
 BY ANY LEGALLY QUALIFIED NURSE OR  PRACTICAL  NURSE  OF  ANOTHER  STATE,
 PROVINCE,  OR  COUNTRY WHOSE ENGAGEMENT REQUIRES HIM OR HER TO ACCOMPANY
 AND CARE FOR A PATIENT TEMPORARILY RESIDING IN  THIS  STATE  DURING  THE
 PERIOD  OF  SUCH  ENGAGEMENT  PROVIDED SUCH PERSON DOES NOT REPRESENT OR
 HOLD HIMSELF OR HERSELF OUT AS A NURSE OR PRACTICAL NURSE REGISTERED  TO
 PRACTICE IN THIS STATE;
   E.  AS PROHIBITING OR PREVENTING THE PRACTICE OF NURSING IN THIS STATE
 DURING AN EMERGENCY OR DISASTER BY ANY LEGALLY QUALIFIED NURSE OR  PRAC-
 TICAL  NURSE OF ANOTHER STATE, PROVINCE, OR COUNTRY WHO MAY BE RECRUITED
 BY THE AMERICAN NATIONAL RED CROSS OR PURSUANT TO  AUTHORITY  VESTED  IN
 THE  STATE  CIVIL  DEFENSE  COMMISSION  FOR  SUCH  EMERGENCY OR DISASTER
 SERVICE, PROVIDED SUCH PERSON DOES NOT  REPRESENT  OR  HOLD  HIMSELF  OR
 HERSELF OUT AS A NURSE OR PRACTICAL NURSE REGISTERED TO PRACTICE IN THIS
 STATE;
   F. AS PROHIBITING OR PREVENTING THE PRACTICE OF NURSING IN THIS STATE,
 IN  OBEDIENCE  TO  THE REQUIREMENTS OF THE LAWS OF THE UNITED STATES, BY
 ANY COMMISSIONED NURSE OFFICER IN THE ARMED FORCES OF THE UNITED  STATES
 OR BY ANY NURSE EMPLOYED IN THE UNITED STATES VETERANS ADMINISTRATION OR
 UNITED  STATES PUBLIC HEALTH SERVICE WHILE ENGAGED IN THE PERFORMANCE OF
 THE ACTUAL DUTIES PRESCRIBED FOR HIM OR  HER  UNDER  THE  UNITED  STATES
 STATUTES,  PROVIDED  SUCH  PERSON  DOES NOT REPRESENT OR HOLD HIMSELF OR
 HERSELF OUT AS A NURSE REGISTERED TO PRACTICE IN THIS STATE;
   G. AS PROHIBITING THE CARE OF THE SICK WHEN DONE  IN  CONNECTION  WITH
 THE PRACTICE OF THE RELIGIOUS TENETS OF ANY CHURCH; OR
 S. 4007                            373                           A. 3007
 
   H.  AS PROHIBITING THE PROVISION OF PSYCHOTHERAPY AS DEFINED IN SUBDI-
 VISION TWO OF SECTION EIGHTY-FOUR HUNDRED ONE OF  THIS  ARTICLE  TO  THE
 EXTENT PERMISSIBLE WITHIN THE SCOPE OF PRACTICE OF NURSING AS DEFINED IN
 THIS  TITLE,  BY ANY NOT-FOR-PROFIT CORPORATION OR EDUCATION CORPORATION
 PROVIDING  SERVICES WITHIN THE STATE AND OPERATING UNDER A WAIVER PURSU-
 ANT TO SECTION SIXTY-FIVE HUNDRED THREE-A OF THIS ARTICLE, PROVIDED THAT
 SUCH ENTITIES OFFERING SUCH PSYCHOTHERAPY SERVICES  SHALL  ONLY  PROVIDE
 SUCH  SERVICES THROUGH AN INDIVIDUAL APPROPRIATELY LICENSED OR OTHERWISE
 AUTHORIZED TO PROVIDE SUCH SERVICES OR A PROFESSIONAL ENTITY  AUTHORIZED
 BY LAW TO PROVIDE SUCH SERVICES.
   2.  THIS  TITLE  SHALL  NOT BE CONSTRUED AS PROHIBITING ADVANCED TASKS
 PROVIDED BY AN ADVANCED HOME HEALTH AIDE IN ACCORDANCE WITH  REGULATIONS
 DEVELOPED  BY THE COMMISSIONER, IN CONSULTATION WITH THE COMMISSIONER OF
 HEALTH. AT A MINIMUM, SUCH REGULATIONS SHALL:
   A. SPECIFY THE ADVANCED TASKS THAT MAY BE PERFORMED BY  ADVANCED  HOME
 HEALTH  AIDES PURSUANT TO THIS SUBDIVISION. SUCH TASKS SHALL INCLUDE THE
 ADMINISTRATION OF MEDICATIONS WHICH ARE ROUTINE AND PREFILLED OR  OTHER-
 WISE PACKAGED IN A MANNER THAT PROMOTES RELATIVE EASE OF ADMINISTRATION,
 PROVIDED THAT ADMINISTRATION OF MEDICATIONS BY INJECTION, STERILE PROCE-
 DURES,  AND  CENTRAL  LINE  MAINTENANCE SHALL BE PROHIBITED.   PROVIDED,
 HOWEVER, SUCH PROHIBITION SHALL NOT APPLY TO INJECTIONS  OF  INSULIN  OR
 OTHER  INJECTIONS  FOR  DIABETES  CARE,  TO  INJECTIONS OF LOW MOLECULAR
 WEIGHT HEPARIN,  AND  TO  PRE-FILLED  AUTO-INJECTIONS  OF  NALOXONE  AND
 EPINEPHRINE FOR EMERGENCY PURPOSES, AND PROVIDED, FURTHER, THAT ENTITIES
 EMPLOYING  ADVANCED HOME HEALTH AIDES PURSUANT TO THIS SUBDIVISION SHALL
 ESTABLISH A SYSTEMATIC APPROACH TO ADDRESS DRUG DIVERSION;
   B. PROVIDE THAT ADVANCED TASKS PERFORMED BY ADVANCED HOME HEALTH AIDES
 MAY BE PERFORMED ONLY UNDER  THE  DIRECT  SUPERVISION  OF  A  REGISTERED
 PROFESSIONAL  NURSE  LICENSED  IN  NEW  YORK STATE, AS SET FORTH IN THIS
 SUBDIVISION AND SUBDIVISION EIGHT OF SECTION SIXTY-NINE HUNDRED NINE  OF
 THIS  TITLE, WHERE SUCH NURSE IS EMPLOYED BY A HOME CARE SERVICES AGENCY
 LICENSED OR CERTIFIED PURSUANT TO ARTICLE THIRTY-SIX OF THIS CHAPTER,  A
 HOSPICE  PROGRAM CERTIFIED PURSUANT TO ARTICLE FORTY OF THIS CHAPTER, OR
 AN ENHANCED ASSISTED LIVING RESIDENCE LICENSED PURSUANT TO ARTICLE SEVEN
 OF THE SOCIAL SERVICES LAW AND CERTIFIED PURSUANT TO ARTICLE FORTY-SIX-B
 OF THIS CHAPTER. SUCH NURSING SUPERVISION SHALL:
   (I) INCLUDE TRAINING AND PERIODIC ASSESSMENT  OF  THE  PERFORMANCE  OF
 ADVANCED TASKS;
   (II)  BE  DETERMINED  BY THE REGISTERED PROFESSIONAL NURSE RESPONSIBLE
 FOR SUPERVISING SUCH ADVANCED TASKS BASED UPON THE  COMPLEXITY  OF  SUCH
 ADVANCED  TASKS,  THE  SKILL  AND EXPERIENCE OF THE ADVANCED HOME HEALTH
 AIDE, AND THE HEALTH STATUS OF THE INDIVIDUAL  FOR  WHOM  SUCH  ADVANCED
 TASKS ARE BEING PERFORMED;
   (III) INCLUDE A COMPREHENSIVE INITIAL AND THEREAFTER REGULAR AND ONGO-
 ING ASSESSMENT OF THE INDIVIDUAL'S NEEDS;
   (IV)  INCLUDE AS A REQUIREMENT THAT THE SUPERVISING REGISTERED PROFES-
 SIONAL NURSE SHALL VISIT INDIVIDUALS RECEIVING SERVICES FOR THE  PURPOSE
 OF  SUPERVISING  THE  SERVICES PROVIDED BY ADVANCED HOME HEALTH AIDES NO
 LESS THAN ONCE EVERY TWO WEEKS AND  INCLUDE  AS  A  REQUIREMENT  THAT  A
 REGISTERED  PROFESSIONAL  NURSE  SHALL  BE AVAILABLE BY TELEPHONE TO THE
 ADVANCED HOME HEALTH AIDE TWENTY-FOUR HOURS A DAY, SEVEN  DAYS  A  WEEK,
 PROVIDED  THAT  A  REGISTERED  PROFESSIONAL  NURSE SHALL BE AVAILABLE TO
 VISIT AN INDIVIDUAL RECEIVING  SERVICES  AS  NECESSARY  TO  PROTECT  THE
 HEALTH AND SAFETY OF SUCH INDIVIDUAL; AND
   (V) AS SHALL BE SPECIFIED BY THE COMMISSIONER, BE PROVIDED IN A MANNER
 THAT  TAKES  INTO ACCOUNT INDIVIDUAL CARE NEEDS, CASE MIX COMPLEXITY AND
 S. 4007                            374                           A. 3007
 
 GEOGRAPHIC CONSIDERATIONS AND PROVIDE THAT  THE  NUMBER  OF  INDIVIDUALS
 SERVED  BY A SUPERVISING REGISTERED PROFESSIONAL NURSE IS REASONABLE AND
 PRUDENT.
   C.  ESTABLISH  A  PROCESS BY WHICH A REGISTERED PROFESSIONAL NURSE MAY
 ASSIGN ADVANCED TASKS TO AN ADVANCED  HOME  HEALTH  AIDE.  SUCH  PROCESS
 SHALL INCLUDE, BUT NOT BE LIMITED TO:
   (I)  ALLOWING  ASSIGNMENT OF ADVANCED TASKS TO AN ADVANCED HOME HEALTH
 AIDE ONLY WHERE SUCH ADVANCED HOME HEALTH AIDE HAS DEMONSTRATED  TO  THE
 SATISFACTION OF THE SUPERVISING REGISTERED PROFESSIONAL NURSE COMPETENCY
 IN EVERY ADVANCED TASK THAT SUCH ADVANCED HOME HEALTH AIDE IS AUTHORIZED
 TO PERFORM, A WILLINGNESS TO PERFORM SUCH ADVANCED TASKS, AND THE ABILI-
 TY  TO  EFFECTIVELY  AND  EFFICIENTLY  COMMUNICATE  WITH  THE INDIVIDUAL
 RECEIVING SERVICES AND UNDERSTAND SUCH INDIVIDUAL'S NEEDS;
   (II) PROHIBITING ASSIGNMENT OF ADVANCED  TASKS  TO  AN  ADVANCED  HOME
 HEALTH  AIDE  IF THE INDIVIDUAL RECEIVING SERVICES DECLINES TO BE SERVED
 BY AN ADVANCED HOME HEALTH AIDE;
   (III) AUTHORIZING THE SUPERVISING  REGISTERED  PROFESSIONAL  NURSE  TO
 REVOKE  ANY ASSIGNED ADVANCED TASK FROM AN ADVANCED HOME HEALTH AIDE FOR
 ANY REASON; AND
   (IV) AUTHORIZING MULTIPLE REGISTERED PROFESSIONAL  NURSES  TO  JOINTLY
 AGREE TO ASSIGN ADVANCED TASKS TO AN ADVANCED HOME HEALTH AIDE, PROVIDED
 FURTHER THAT ONLY ONE REGISTERED PROFESSIONAL NURSE SHALL BE REQUIRED TO
 DETERMINE  IF  THE ADVANCED HOME HEALTH AIDE HAS DEMONSTRATED COMPETENCY
 IN THE ADVANCED TASK TO BE PERFORMED;
   D. PROVIDE THAT ADVANCED TASKS MAY BE  PERFORMED  ONLY  IN  ACCORDANCE
 WITH AND PURSUANT TO AN AUTHORIZED HEALTH PRACTITIONER'S ORDERED CARE;
   E. PROVIDE THAT ONLY A CERTIFIED HOME HEALTH AIDE MAY PERFORM ADVANCED
 TASKS AS AN ADVANCED HOME HEALTH AIDE WHEN SUCH AIDE HAS:
   (I)  AT  LEAST  ONE YEAR OF EXPERIENCE PROVIDING EITHER HOME HEALTH OR
 PERSONAL CARE SERVICES, OR A COMBINATION OF THE SAME;
   (II) COMPLETED THE REQUISITE TRAINING AND DEMONSTRATED COMPETENCIES OF
 AN ADVANCED HOME HEALTH AIDE AS DETERMINED BY THE COMMISSIONER;
   (III) SUCCESSFULLY COMPLETED COMPETENCY EXAMINATIONS  SATISFACTORY  TO
 THE COMMISSIONER; AND
   (IV)  MEETS  OTHER  APPROPRIATE  QUALIFICATIONS  AS  DETERMINED BY THE
 COMMISSIONER IN CONSULTATION WITH THE COMMISSIONER OF HEALTH;
   F. PROVIDE THAT ONLY AN INDIVIDUAL WHO IS  LISTED  IN  THE  HOME  CARE
 SERVICES REGISTRY MAINTAINED BY THE DEPARTMENT PURSUANT TO SECTION THIR-
 TY-SIX HUNDRED THIRTEEN OF THIS CHAPTER AS HAVING SATISFIED ALL APPLICA-
 BLE  TRAINING  REQUIREMENTS  AND HAVING PASSED THE APPLICABLE COMPETENCY
 EXAMINATIONS AND WHO MEETS OTHER REQUIREMENTS  AS  SET  FORTH  IN  REGU-
 LATIONS  ISSUED BY THE COMMISSIONER PURSUANT TO SUBDIVISION SEVENTEEN OF
 SECTION THIRTY-SIX HUNDRED TWO OF  THIS  CHAPTER  MAY  PERFORM  ADVANCED
 TASKS  PURSUANT  TO THIS SUBDIVISION AND MAY HOLD HIMSELF OR HERSELF OUT
 AS AN ADVANCED HOME HEALTH AIDE;
   G. ESTABLISH MINIMUM STANDARDS OF  TRAINING  FOR  THE  PERFORMANCE  OF
 ADVANCED  TASKS BY ADVANCED HOME HEALTH AIDES, INCLUDING DIDACTIC TRAIN-
 ING, CLINICAL TRAINING, AND A SUPERVISED CLINICAL PRACTICUM WITH  STAND-
 ARDS SET FORTH BY THE COMMISSIONER;
   H. PROVIDE THAT ADVANCED HOME HEALTH AIDES SHALL RECEIVE CASE-SPECIFIC
 TRAINING  ON THE ADVANCED TASKS TO BE ASSIGNED BY THE SUPERVISING NURSE,
 PROVIDED THAT ADDITIONAL TRAINING SHALL TAKE PLACE  WHENEVER  ADDITIONAL
 ADVANCED TASKS ARE ASSIGNED;
   I.  PROHIBIT  AN  ADVANCED  HOME  HEALTH  AIDE FROM HOLDING HIMSELF OR
 HERSELF OUT, OR ACCEPTING EMPLOYMENT AS, A PERSON LICENSED  TO  PRACTICE
 NURSING UNDER THE PROVISIONS OF THIS TITLE;
 S. 4007                            375                           A. 3007
 
   J.  PROVIDE  THAT  AN  ADVANCED  HOME  HEALTH AIDE IS NOT REQUIRED NOR
 PERMITTED TO ASSESS THE MEDICATION OR MEDICAL NEEDS OF AN INDIVIDUAL;
   K.  PROVIDE  THAT AN ADVANCED HOME HEALTH AIDE SHALL NOT BE AUTHORIZED
 TO PERFORM ANY ADVANCED TASKS OR ACTIVITIES PURSUANT TO THIS SUBDIVISION
 THAT ARE OUTSIDE THE SCOPE OF PRACTICE OF A LICENSED PRACTICAL NURSE  OR
 ANY  ADVANCED  TASKS  THAT  HAVE  NOT BEEN APPROPRIATELY ASSIGNED BY THE
 SUPERVISING REGISTERED PROFESSIONAL NURSE;
   L. PROVIDE THAT AN  ADVANCED  HOME  HEALTH  AIDE  SHALL  DOCUMENT  ALL
 ADVANCED  TASKS PROVIDED TO AN INDIVIDUAL, INCLUDING MEDICATION ADMINIS-
 TRATION TO EACH INDIVIDUAL THROUGH THE  USE  OF  A  MEDICATION  ADMINIS-
 TRATION RECORD; AND
   M.  PROVIDE  THAT  THE SUPERVISING REGISTERED PROFESSIONAL NURSE SHALL
 RETAIN THE DISCRETION TO DECIDE WHETHER  TO  ASSIGN  ADVANCED  TASKS  TO
 ADVANCED  HOME  HEALTH AIDES UNDER THIS PROGRAM AND SHALL NOT BE SUBJECT
 TO COERCION, RETALIATION, OR THE THREAT OF  RETALIATION;  IN  DEVELOPING
 SUCH REGULATIONS, THE COMMISSIONER SHALL TAKE INTO ACCOUNT THE RECOMMEN-
 DATIONS  OF A WORKGROUP OF STAKEHOLDERS CONVENED BY THE COMMISSIONER FOR
 THE PURPOSE OF PROVIDING GUIDANCE ON THE FOREGOING.
   §  6909.  SPECIAL  PROVISION.  1.  NOTWITHSTANDING  ANY   INCONSISTENT
 PROVISION OF ANY GENERAL, SPECIAL, OR LOCAL LAW, ANY LICENSED REGISTERED
 PROFESSIONAL NURSE OR LICENSED PRACTICAL NURSE WHO VOLUNTARILY AND WITH-
 OUT  THE EXPECTATION OF MONETARY COMPENSATION RENDERS FIRST AID OR EMER-
 GENCY TREATMENT AT THE SCENE OF AN ACCIDENT OR OTHER EMERGENCY,  OUTSIDE
 A  HOSPITAL, DOCTOR'S OFFICE OR ANY OTHER PLACE HAVING PROPER AND NECES-
 SARY MEDICAL EQUIPMENT, TO A PERSON WHO IS UNCONSCIOUS, ILL  OR  INJURED
 SHALL  NOT  BE  LIABLE  FOR  DAMAGES  FOR  INJURIES ALLEGED TO HAVE BEEN
 SUSTAINED BY SUCH PERSON OR FOR DAMAGES FOR THE  DEATH  OF  SUCH  PERSON
 ALLEGED  TO HAVE OCCURRED BY REASON OF AN ACT OR OMISSION IN THE RENDER-
 ING OF SUCH FIRST AID OR EMERGENCY TREATMENT UNLESS  IT  IS  ESTABLISHED
 THAT  SUCH INJURIES WERE OR SUCH DEATH WAS CAUSED BY GROSS NEGLIGENCE ON
 THE PART OF SUCH REGISTERED PROFESSIONAL  NURSE  OR  LICENSED  PRACTICAL
 NURSE.  NOTHING  IN  THIS  SUBDIVISION  SHALL  BE DEEMED OR CONSTRUED TO
 RELIEVE A LICENSED REGISTERED PROFESSIONAL NURSE OR  LICENSED  PRACTICAL
 NURSE  FROM LIABILITY FOR DAMAGES FOR INJURIES OR DEATH CAUSED BY AN ACT
 OR OMISSION ON THE PART  OF  SUCH  NURSE  WHILE  RENDERING  PROFESSIONAL
 SERVICES IN THE NORMAL AND ORDINARY COURSE OF HER PRACTICE.
   2. NOTHING IN THIS TITLE SHALL BE CONSTRUED TO CONFER THE AUTHORITY TO
 PRACTICE MEDICINE OR DENTISTRY.
   3.  AN  APPLICANT  FOR A LICENSE AS A REGISTERED PROFESSIONAL NURSE OR
 LICENSED PRACTICAL NURSE BY ENDORSEMENT OF A LICENSE OF  ANOTHER  STATE,
 PROVINCE  OR  COUNTRY  WHOSE  APPLICATION  WAS FILED WITH THE DEPARTMENT
 UNDER THE LAWS IN EFFECT PRIOR TO AUGUST THIRTY-FIRST, NINETEEN  HUNDRED
 SEVENTY-ONE  SHALL  BE  LICENSED  ONLY UPON SUCCESSFUL COMPLETION OF THE
 APPROPRIATE LICENSING EXAMINATION UNLESS SATISFACTORY  EVIDENCE  OF  THE
 COMPLETION  OF  ALL EDUCATIONAL REQUIREMENTS IS SUBMITTED TO THE DEPART-
 MENT PRIOR TO SEPTEMBER ONE, NINETEEN HUNDRED SEVENTY-SEVEN.
   4. A CERTIFIED NURSE PRACTITIONER MAY PRESCRIBE AND  ORDER  A  NON-PA-
 TIENT  SPECIFIC  REGIMEN TO A REGISTERED PROFESSIONAL NURSE, PURSUANT TO
 REGULATIONS PROMULGATED BY THE COMMISSIONER, CONSISTENT WITH SUBDIVISION
 THREE OF SECTION SIX THOUSAND  NINE  HUNDRED  TWO  OF  THIS  TITLE,  AND
 CONSISTENT WITH THIS CHAPTER, FOR:
   A. ADMINISTERING IMMUNIZATIONS;
   B. THE EMERGENCY TREATMENT OF ANAPHYLAXIS;
   C.  ADMINISTERING  PURIFIED  PROTEIN  DERIVATIVE  (PPD) TESTS OR OTHER
 TESTS TO DETECT OR SCREEN FOR TUBERCULOSIS INFECTIONS;
 S. 4007                            376                           A. 3007
 
   D. ADMINISTERING TESTS TO DETERMINE THE PRESENCE OF THE HUMAN  IMMUNO-
 DEFICIENCY VIRUS;
   E.  ADMINISTERING  TESTS  TO DETERMINE THE PRESENCE OF THE HEPATITIS C
 VIRUS;
   F. THE URGENT OR EMERGENCY TREATMENT OF  OPIOID  RELATED  OVERDOSE  OR
 SUSPECTED OPIOID RELATED OVERDOSE; OR
   G.  SCREENING OF PERSONS AT INCREASED RISK FOR SYPHILIS, GONORRHEA AND
 CHLAMYDIA.
   5. A REGISTERED PROFESSIONAL NURSE MAY EXECUTE A NON-PATIENT  SPECIFIC
 REGIMEN PRESCRIBED OR ORDERED BY A LICENSED PHYSICIAN OR CERTIFIED NURSE
 PRACTITIONER, PURSUANT TO REGULATIONS PROMULGATED BY THE COMMISSIONER.
   6.  A  REGISTERED  PROFESSIONAL NURSE DEFINED UNDER SUBDIVISION ONE OF
 SECTION SIXTY-NINE HUNDRED TWO OF THIS TITLE MAY  USE  ACCEPTED  CLASSI-
 FICATIONS OF SIGNS, SYMPTOMS, DYSFUNCTIONS AND DISORDERS, INCLUDING, BUT
 NOT  LIMITED  TO,  CLASSIFICATIONS  USED IN THE PRACTICE SETTING FOR THE
 PURPOSE OF PROVIDING MENTAL HEALTH SERVICES.
   7. A CERTIFIED NURSE PRACTITIONER MAY PRESCRIBE AND  ORDER  A  PATIENT
 SPECIFIC ORDER OR NON-PATIENT SPECIFIC REGIMEN TO A LICENSED PHARMACIST,
 PURSUANT  TO REGULATIONS PROMULGATED BY THE COMMISSIONER, AND CONSISTENT
 WITH THIS CHAPTER, FOR:
   A. ADMINISTERING IMMUNIZATIONS TO PREVENT INFLUENZA  TO  PATIENTS  TWO
 YEARS OF AGE OR OLDER;
   B.  ADMINISTERING  IMMUNIZATIONS TO PREVENT PNEUMOCOCCAL, ACUTE HERPES
 ZOSTER, HEPATITIS A, HEPATITIS B, HUMAN PAPILLOMAVIRUS, MEASLES,  MUMPS,
 RUBELLA,  VARICELLA,  COVID-19,  MENINGOCOCCAL,  TETANUS,  DIPHTHERIA OR
 PERTUSSIS DISEASE AND MEDICATIONS REQUIRED FOR  EMERGENCY  TREATMENT  OF
 ANAPHYLAXIS TO PATIENTS EIGHTEEN YEARS OF AGE OR OLDER; AND
   C.  ADMINISTERING  OTHER  IMMUNIZATIONS  RECOMMENDED  BY  THE ADVISORY
 COMMITTEE ON IMMUNIZATION PRACTICES OF THE CENTERS FOR  DISEASE  CONTROL
 AND  PREVENTION  FOR  PATIENTS  EIGHTEEN  YEARS  OF  AGE OR OLDER IF THE
 COMMISSIONER DETERMINES THAT AN IMMUNIZATION:  (I)  (1)  MAY  BE  SAFELY
 ADMINISTERED BY A LICENSED PHARMACIST WITHIN THEIR LAWFUL SCOPE OF PRAC-
 TICE;  AND  (2)  IS  NEEDED  TO PREVENT THE TRANSMISSION OF A REPORTABLE
 COMMUNICABLE DISEASE THAT IS PREVALENT IN NEW YORK STATE; OR (II)  IS  A
 RECOMMENDED  IMMUNIZATION  FOR SUCH PATIENTS WHO:  (1) MEET AGE REQUIRE-
 MENTS, (2) LACK DOCUMENTATION OF SUCH IMMUNIZATION, (3) LACK EVIDENCE OF
 PAST INFECTION, OR (4) HAVE AN ADDITIONAL RISK FACTOR OR  ANOTHER  INDI-
 CATION  AS  RECOMMENDED  BY THE ADVISORY COMMITTEE ON IMMUNIZATION PRAC-
 TICES OF THE CENTERS FOR DISEASE CONTROL AND PREVENTION. NOTHING IN THIS
 SUBDIVISION SHALL AUTHORIZE UNLICENSED PERSONS TO  ADMINISTER  IMMUNIZA-
 TIONS, VACCINES OR OTHER DRUGS.
   8.  A  REGISTERED  PROFESSIONAL  NURSE,  WHILE WORKING FOR A HOME CARE
 SERVICES AGENCY LICENSED OR CERTIFIED PURSUANT TO ARTICLE THIRTY-SIX  OF
 THIS  CHAPTER,  A HOSPICE PROGRAM CERTIFIED PURSUANT TO ARTICLE FORTY OF
 THIS CHAPTER, OR AN ENHANCED ASSISTED LIVING RESIDENCE LICENSED PURSUANT
 TO ARTICLE SEVEN OF THE SOCIAL SERVICES LAW AND  CERTIFIED  PURSUANT  TO
 ARTICLE  FORTY-SIX-B OF THIS CHAPTER MAY, IN ACCORDANCE WITH THIS SUBDI-
 VISION, ASSIGN ADVANCED HOME HEALTH AIDES TO PERFORM ADVANCED TASKS  FOR
 INDIVIDUALS  PURSUANT  TO  THE  PROVISIONS OF SUBDIVISION TWO OF SECTION
 SIXTY-NINE HUNDRED EIGHT OF  THIS  TITLE  AND  SUPERVISE  ADVANCED  HOME
 HEALTH AIDES WHO PERFORM ASSIGNED ADVANCED TASKS.
   A.  PRIOR  TO  ASSIGNING  OR  MODIFYING  AN  ASSIGNMENT  TO PERFORM AN
 ADVANCED TASK, THE REGISTERED PROFESSIONAL NURSE SHALL:
   (I) COMPLETE A NURSING ASSESSMENT TO ASCERTAIN  THE  CLIENT'S  CURRENT
 HEALTH STATUS AND CARE NEEDS; AND
 S. 4007                            377                           A. 3007
 
   (II) PROVIDE TO THE ADVANCED HOME HEALTH AIDE WRITTEN, INDIVIDUAL-SPE-
 CIFIC  INSTRUCTIONS  FOR  PERFORMING  THE ADVANCED TASK AND CRITERIA FOR
 IDENTIFYING, REPORTING AND RESPONDING TO PROBLEMS OR COMPLICATIONS.
   B. THE REGISTERED PROFESSIONAL NURSE SHALL NOT ASSIGN AN ADVANCED TASK
 UNLESS:
   (I)  THE ADVANCED TASK TO BE ASSIGNED IS CONSISTENT WITH AN AUTHORIZED
 HEALTH PRACTITIONER'S ORDERED CARE;
   (II) THE REGISTERED PROFESSIONAL NURSE PROVIDES CASE SPECIFIC TRAINING
 TO THE ADVANCED HOME  HEALTH  AIDE  AND  PERSONALLY  VERIFIES  THAT  THE
 ADVANCED  HOME  HEALTH  AIDE  CAN  SAFELY  AND  COMPETENTLY  PERFORM THE
 ADVANCED TASK;
   (III) THE REGISTERED PROFESSIONAL NURSE DETERMINES THAT  THE  ADVANCED
 HOME HEALTH AIDE IS WILLING TO PERFORM SUCH ADVANCED TASK; AND
   (IV)  THE  REGISTERED  PROFESSIONAL NURSE DETERMINES THAT THE ADVANCED
 HOME HEALTH AIDE IS ABLE TO EFFECTIVELY AND EFFICIENTLY COMMUNICATE WITH
 THE INDIVIDUAL  RECEIVING  SERVICES  AND  UNDERSTAND  SUCH  INDIVIDUAL'S
 NEEDS.
   C. THE SUPERVISING REGISTERED PROFESSIONAL NURSE SHALL:
   (I)  VISIT INDIVIDUALS RECEIVING SERVICES FOR THE PURPOSE OF SUPERVIS-
 ING THE SERVICES PROVIDED BY ADVANCED HOME HEALTH  AIDES  NO  LESS  THAN
 ONCE EVERY TWO WEEKS; AND
   (II) CONDUCT REGULAR AND ONGOING ASSESSMENT OF THE INDIVIDUAL'S NEEDS.
   9.  A  CERTIFIED  NURSE PRACTITIONER MAY PRESCRIBE AND ORDER A PATIENT
 SPECIFIC ORDER OR NON-PATIENT SPECIFIC ORDER TO A  LICENSED  PHARMACIST,
 PURSUANT  TO  REGULATIONS PROMULGATED BY THE COMMISSIONER OF HEALTH, AND
 CONSISTENT WITH THIS CHAPTER, FOR DISPENSING UP TO A SEVEN  DAY  STARTER
 PACK  OF  HIV  POST-EXPOSURE  PROPHYLAXIS  FOR THE PURPOSE OF PREVENTING
 HUMAN IMMUNODEFICIENCY VIRUS INFECTION FOLLOWING A POTENTIAL HUMAN IMMU-
 NODEFICIENCY VIRUS EXPOSURE.
   10. A REGISTERED PROFESSIONAL NURSE MAY EXECUTE A STANDING  ORDER  FOR
 NEWBORN  CARE  IN  A  HOSPITAL  ESTABLISHED  UNDER  SECTION TWENTY-EIGHT
 HUNDRED THREE-V OF THIS  CHAPTER,  AS  PROVIDED  IN  THAT  SECTION.  THE
 COMMISSIONER  MAY  MAKE  REGULATIONS  RELATING TO IMPLEMENTATION OF THIS
 SUBDIVISION.
   11. A CERTIFIED NURSE PRACTITIONER MAY PRESCRIBE AND ORDER  A  NON-PA-
 TIENT-SPECIFIC REGIMEN TO A LICENSED PHARMACIST, FOR INSULIN AND RELATED
 SUPPLIES PURSUANT TO SECTION SIXTY-EIGHT HUNDRED ONE OF THIS ARTICLE.
   §  6910. CERTIFICATES FOR NURSE PRACTITIONER PRACTICE. 1. FOR ISSUANCE
 OF A CERTIFICATE TO PRACTICE AS A NURSE PRACTITIONER  UNDER  SUBDIVISION
 THREE OF SECTION SIX THOUSAND NINE HUNDRED TWO OF THIS TITLE, THE APPLI-
 CANT SHALL FULFILL THE FOLLOWING REQUIREMENTS:
   A. APPLICATION: FILE AN APPLICATION WITH THE DEPARTMENT;
   B.  LICENSE:  BE  LICENSED  AS  A REGISTERED PROFESSIONAL NURSE IN THE
 STATE;
   C. EDUCATION: (I) HAVE SATISFACTORILY COMPLETED  EDUCATIONAL  PREPARA-
 TION  FOR  PROVISION  OF  THESE  SERVICES IN A PROGRAM REGISTERED BY THE
 DEPARTMENT OR IN A PROGRAM DETERMINED BY THE DEPARTMENT TO BE THE EQUIV-
 ALENT; OR
   (II) SUBMIT EVIDENCE OF CURRENT CERTIFICATION BY A NATIONAL CERTIFYING
 BODY, RECOGNIZED BY THE DEPARTMENT; OR
   (III) MEET SUCH ALTERNATIVE CRITERIA AS ESTABLISHED BY THE COMMISSION-
 ER'S REGULATIONS;
   D. FEES: PAY A FEE TO THE DEPARTMENT OF FIFTY DOLLARS FOR EACH INITIAL
 CERTIFICATE AUTHORIZING NURSE PRACTITIONER PRACTICE IN A SPECIALTY  AREA
 AND  A  TRIENNIAL REGISTRATION FEE OF THIRTY DOLLARS. REGISTRATION UNDER
 S. 4007                            378                           A. 3007
 
 THIS SECTION SHALL BE COTERMINOUS WITH THE NURSE  PRACTITIONER'S  REGIS-
 TRATION AS A PROFESSIONAL NURSE.
   2.  ONLY  A  PERSON  CERTIFIED  UNDER THIS SECTION SHALL USE THE TITLE
 "NURSE PRACTITIONER".
   3. THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO ANY ACT OR  PRAC-
 TICE AUTHORIZED BY ANY OTHER LAW, RULE, REGULATION OR CERTIFICATION.
   4.  THE  PROVISIONS  OF  THIS  SECTION SHALL NOT APPLY TO ANY ACTIVITY
 AUTHORIZED, PURSUANT TO STATUTE, RULE OR REGULATION, TO BE PERFORMED  BY
 A  REGISTERED  PROFESSIONAL  NURSE  IN  A HOSPITAL AS DEFINED IN ARTICLE
 TWENTY-EIGHT OF THIS CHAPTER.
   5. THE COMMISSIONER IS AUTHORIZED TO PROMULGATE REGULATIONS TO  IMPLE-
 MENT THE PROVISIONS OF THIS SECTION.
   §  6911.  CERTIFICATION  AS A CLINICAL NURSE SPECIALIST (CNS). 1.  FOR
 ISSUANCE OF A CERTIFICATE TO PRACTICE AS  A  CLINICAL  NURSE  SPECIALIST
 UNDER SECTION SIX THOUSAND NINE HUNDRED TWO OF THIS TITLE, THE APPLICANT
 SHALL FULFILL THE FOLLOWING REQUIREMENTS:
   A. FILE AN APPLICATION WITH THE DEPARTMENT;
   B. BE LICENSED AS A REGISTERED PROFESSIONAL NURSE IN THIS STATE;
   C. (I) HAVE SATISFACTORILY COMPLETED AN EDUCATIONAL PROGRAM REGISTERED
 BY  THE  DEPARTMENT  INCLUDING A MASTER'S OR DOCTORAL DEGREE, OR A POST-
 MASTER'S CERTIFICATE FROM A PROGRAM ACCEPTABLE TO THE  DEPARTMENT  WHICH
 PREPARES  GRADUATES  TO  PRACTICE  AS  CNSS AND WHICH IS ACCREDITED BY A
 NATIONAL NURSING ACCREDITED BODY ACCEPTABLE TO THE DEPARTMENT, AND  (II)
 MEETS  ALL  OTHER REQUIREMENTS ESTABLISHED BY THE DEPARTMENT TO PRACTICE
 AS A CLINICAL NURSE SPECIALIST, OR (III) HAVE RECEIVED EDUCATIONAL PREP-
 ARATION DETERMINED BY THE DEPARTMENT TO BE THE SUBSTANTIAL EQUIVALENT OF
 SUBPARAGRAPHS (I) AND (II) OF THIS PARAGRAPH; AND
   D. PAY A FEE TO THE DEPARTMENT  OF  FIFTY  DOLLARS  FOR  EACH  INITIAL
 CERTIFICATE  AUTHORIZING CLINICAL NURSE SPECIALIST PRACTICE AND A TRIEN-
 NIAL REGISTRATION FEE  OF  THIRTY  DOLLARS.    REGISTRATION  UNDER  THIS
 SECTION SHALL BE COTERMINOUS WITH THE CLINICAL NURSE SPECIALIST'S REGIS-
 TRATION AS A PROFESSIONAL NURSE.
   2.  ONLY  A  PERSON  CERTIFIED  UNDER THIS SECTION SHALL USE THE TITLE
 "CLINICAL NURSE SPECIALIST" OR THE DESIGNATION "CNS".
 
                                 TITLE 13
                    PROFESSIONAL MIDWIFERY PRACTICE ACT
 
 SECTION 6950. INTRODUCTION.
         6951. DEFINITION OF PRACTICE OF MIDWIFERY.
         6952. PRACTICE OF MIDWIFERY.
         6953. USE OF TITLE "MIDWIFE".
         6954. STATE BOARD OF MIDWIFERY.
         6955. REQUIREMENTS FOR A PROFESSIONAL LICENSE.
         6956. PRIOR NURSE-MIDWIFERY CERTIFICATION.
         6957. EXEMPT PERSONS.
         6958. LIMITED PERMIT.
   § 6950. INTRODUCTION. THIS TITLE APPLIES TO THE PROFESSION OF  MIDWIF-
 ERY.   THE GENERAL PROVISIONS FOR ALL PROFESSIONS CONTAINED IN TITLE ONE
 OF THIS ARTICLE APPLY TO THIS TITLE.
   § 6951. DEFINITION OF PRACTICE OF MIDWIFERY. 1. THE  PRACTICE  OF  THE
 PROFESSION  OF MIDWIFERY IS DEFINED AS THE MANAGEMENT OF NORMAL PREGNAN-
 CIES, CHILD BIRTH AND POSTPARTUM CARE  AS  WELL  AS  PRIMARY  PREVENTIVE
 REPRODUCTIVE HEALTH CARE OF ESSENTIALLY HEALTHY WOMEN, AND SHALL INCLUDE
 NEWBORN  EVALUATION,  RESUSCITATION AND REFERRAL FOR INFANTS.  A MIDWIFE
 SHALL HAVE COLLABORATIVE RELATIONSHIPS WITH (I) A LICENSED PHYSICIAN WHO
 S. 4007                            379                           A. 3007
 
 IS BOARD CERTIFIED AS AN OBSTETRICIAN-GYNECOLOGIST BY A NATIONAL  CERTI-
 FYING  BODY,  OR  (II) A LICENSED PHYSICIAN WHO PRACTICES OBSTETRICS AND
 HAS OBSTETRIC PRIVILEGES AT A GENERAL HOSPITAL  LICENSED  UNDER  ARTICLE
 TWENTY-EIGHT  OF THIS CHAPTER, OR (III) A HOSPITAL, LICENSED UNDER ARTI-
 CLE TWENTY-EIGHT OF THIS CHAPTER, THAT  PROVIDES  OBSTETRICS  THROUGH  A
 LICENSED  PHYSICIAN  HAVING  OBSTETRICAL PRIVILEGES AT SUCH INSTITUTION,
 THAT PROVIDE FOR CONSULTATION, COLLABORATIVE MANAGEMENT AND REFERRAL  TO
 ADDRESS  THE  HEALTH  STATUS  AND  RISKS OF HIS OR HER PATIENTS AND THAT
 INCLUDE PLANS FOR EMERGENCY  MEDICAL  GYNECOLOGICAL  AND/OR  OBSTETRICAL
 COVERAGE.  A  MIDWIFE SHALL MAINTAIN DOCUMENTATION OF SUCH COLLABORATIVE
 RELATIONSHIPS  AND  SHALL  MAKE  INFORMATION  ABOUT  SUCH  COLLABORATIVE
 RELATIONSHIPS  AVAILABLE  TO HIS OR HER PATIENTS. FAILURE TO COMPLY WITH
 THE REQUIREMENTS FOUND IN THIS SUBDIVISION SHALL BE SUBJECT  TO  PROFES-
 SIONAL MISCONDUCT PROVISIONS AS SET FORTH IN TITLE ONE OF THIS ARTICLE.
   2.  A  LICENSED  MIDWIFE  SHALL  HAVE THE AUTHORITY, AS NECESSARY, AND
 LIMITED TO THE PRACTICE OF MIDWIFERY, TO PRESCRIBE AND ADMINISTER DRUGS,
 IMMUNIZING AGENTS, DIAGNOSTIC TESTS AND DEVICES, AND TO ORDER LABORATORY
 TESTS, AS ESTABLISHED BY THE BOARD IN ACCORDANCE WITH THE COMMISSIONER'S
 REGULATIONS. A MIDWIFE SHALL OBTAIN A CERTIFICATE  FROM  THE  DEPARTMENT
 UPON  SUCCESSFULLY  COMPLETING A PROGRAM INCLUDING A PHARMACOLOGY COMPO-
 NENT, OR ITS EQUIVALENT, AS  ESTABLISHED  BY  THE  COMMISSIONER'S  REGU-
 LATIONS PRIOR TO PRESCRIBING UNDER THIS SECTION.
   3.  ANY  REFERENCE TO MIDWIFERY, MIDWIFE, CERTIFIED NURSE-MIDWIFERY OR
 CERTIFIED NURSE-MIDWIFE,  NURSE-MIDWIFERY  OR  NURSE-MIDWIFE  UNDER  THE
 PROVISIONS  OF THIS TITLE, THIS CHAPTER OR ANY OTHER LAW, SHALL REFER TO
 AND INCLUDE THE PROFESSION OF MIDWIFERY AND A LICENSED  MIDWIFE,  UNLESS
 THE CONTEXT CLEARLY REQUIRES OTHERWISE.
   §  6952. PRACTICE OF MIDWIFERY. ONLY A PERSON LICENSED OR EXEMPT UNDER
 THIS TITLE OR AUTHORIZED BY ANY OTHER  SECTION  OF  LAW  SHALL  PRACTICE
 MIDWIFERY.
   § 6953. USE OF TITLE "MIDWIFE". ONLY A PERSON LICENSED OR EXEMPT UNDER
 THIS  TITLE  SHALL USE THE TITLE "MIDWIFE". ONLY A PERSON LICENSED UNDER
 BOTH THIS TITLE AND TITLE TWELVE OF  THIS  ARTICLE  MAY  USE  THE  TITLE
 "NURSE-MIDWIFE".
   §  6954.  STATE  BOARD  OF  MIDWIFERY. 1. THE STATE BOARD OF MIDWIFERY
 SHALL BE APPOINTED BY THE DEPARTMENT ON RECOMMENDATION  OF  THE  COMMIS-
 SIONER FOR THE PURPOSE OF ASSISTING THE DEPARTMENT ON MATTERS OF PROFES-
 SIONAL  LICENSING  AND  PROFESSIONAL  CONDUCT IN ACCORDANCE WITH SECTION
 SIXTY-FIVE HUNDRED EIGHT OF THIS ARTICLE. THE BOARD SHALL BE COMPOSED OF
 THIRTEEN INDIVIDUALS. INITIAL APPOINTMENTS TO THE BOARD  SHALL  BE  SUCH
 THAT  THE TERMS SHALL BE STAGGERED. HOWEVER, NO MEMBERS SHALL SERVE MORE
 THAN TWO TERMS.
   2. A. (I) SEVEN MEMBERS OF THE BOARD  SHALL  BE  PERSONS  LICENSED  OR
 EXEMPT UNDER THIS SECTION.
   (II) ONE MEMBER OF THE BOARD SHALL BE AN EDUCATOR OF MIDWIFERY.
   B.  TWO  MEMBERS  OF  THE  BOARD SHALL BE INDIVIDUALS WHO ARE LICENSED
 PHYSICIANS WHO ARE ALSO CERTIFIED  AS  OBSTETRICIAN/GYNECOLOGISTS  BY  A
 NATIONAL CERTIFYING BODY.
   C. ONE MEMBER OF THE BOARD SHALL BE AN INDIVIDUAL LICENSED AS A PHYSI-
 CIAN WHO PRACTICES FAMILY MEDICINE INCLUDING OBSTETRICS.
   D. ONE MEMBER OF THE BOARD SHALL BE AN INDIVIDUAL LICENSED AS A PHYSI-
 CIAN WHO PRACTICES PEDIATRICS.
   E.  ONE  MEMBER  OF  THE  BOARD  SHALL BE AN INDIVIDUAL NOT POSSESSING
 EITHER LICENSURE OR TRAINING IN  MEDICINE,  MIDWIFERY,  PHARMACOLOGY  OR
 NURSING AND SHALL REPRESENT THE PUBLIC AT LARGE.
 S. 4007                            380                           A. 3007
 
   3.  FOR  PURPOSES  OF  THIS  TITLE,  "BOARD"  MEANS THE STATE BOARD OF
 MIDWIFERY CREATED UNDER THIS SECTION UNLESS THE  CONTEXT  CLEARLY  INDI-
 CATES OTHERWISE.
   §  6955.  REQUIREMENTS  FOR  A  PROFESSIONAL LICENSE. TO QUALIFY FOR A
 LICENSE AS A MIDWIFE, AN APPLICANT SHALL FULFILL THE FOLLOWING  REQUIRE-
 MENTS:
   1. APPLICATION: FILE AN APPLICATION WITH THE DEPARTMENT.
   2. EDUCATION: SATISFACTORILY;
   A.  COMPLETE  EDUCATIONAL PREPARATION (DEGREE OR DIPLOMA GRANTING) FOR
 THE PRACTICE OF NURSING, FOLLOWED BY OR  CONCURRENTLY  WITH  EDUCATIONAL
 PREPARATION FOR THE PRACTICE OF MIDWIFERY IN ACCORDANCE WITH THE COMMIS-
 SIONER'S REGULATIONS, OR
   B. SUBMIT EVIDENCE OF LICENSE OR CERTIFICATION, THE EDUCATIONAL PREPA-
 RATION FOR WHICH IS DETERMINED BY THE DEPARTMENT TO BE EQUIVALENT TO THE
 FOREGOING, FROM ANY STATE OR COUNTRY, SATISFACTORY TO THE DEPARTMENT AND
 IN ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS, OR
   C. COMPLETE A PROGRAM DETERMINED BY THE DEPARTMENT TO BE EQUIVALENT TO
 THE FOREGOING AND IN ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS.
   3. EXAMINATION: PASS AN EXAMINATION SATISFACTORY TO THE DEPARTMENT AND
 IN ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS.
   4. AGE: BE AT LEAST TWENTY-ONE YEARS OF AGE.
   5.  CHARACTER: BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE DEPART-
 MENT.
   6. CITIZENSHIP OR IMMIGRATION STATUS: BE A UNITED STATES CITIZEN OR AN
 ALIEN LAWFULLY ADMITTED FOR PERMANENT RESIDENCE IN THE UNITED STATES.
   7. FEE: PAY A FEE OF ONE HUNDRED NINETY DOLLARS TO THE DEPARTMENT  FOR
 ADMISSION  TO A DEPARTMENT CONDUCTED EXAMINATION FOR AN INITIAL LICENSE,
 A FEE OF ONE HUNDRED DOLLARS FOR  EACH  RE-EXAMINATION,  A  FEE  OF  ONE
 HUNDRED FIFTEEN DOLLARS FOR AN INITIAL LICENSE FOR PERSONS NOT REQUIRING
 ADMISSION  TO  A  DEPARTMENT CONDUCTED EXAMINATION, A FEE OF ONE HUNDRED
 EIGHTY DOLLARS FOR EACH TRIENNIAL  REGISTRATION  PERIOD  AND  A  FEE  OF
 SEVENTY DOLLARS FOR A LIMITED PERMIT.
   §  6956.  PRIOR  NURSE-MIDWIFERY  CERTIFICATION. ANY INDIVIDUAL WHO IS
 CERTIFIED AS A NURSE-MIDWIFE SHALL NOT PRACTICE PURSUANT TO  THIS  TITLE
 UNTIL  AFTER RECEIVING APPROVAL FROM THE COMMISSIONER AND SUBMITTING THE
 FEE REQUIRED BY SUBDIVISION SEVEN OF SECTION SIXTY-NINE  HUNDRED  FIFTY-
 FIVE OF THIS TITLE.
   §  6957.  EXEMPT  PERSONS. NOTHING IN THIS TITLE SHALL BE CONSTRUED TO
 AFFECT, PREVENT OR IN ANY MANNER EXPAND OR LIMIT ANY DUTY  OR  RESPONSI-
 BILITY  OF  A  LICENSED PHYSICIAN FROM PRACTICING MIDWIFERY OR AFFECT OR
 PREVENT A MEDICAL STUDENT OR  MIDWIFERY  STUDENT  IN  CLINICAL  PRACTICE
 UNDER  THE  SUPERVISION  OF  A  LICENSED  PHYSICIAN  OR  BOARD CERTIFIED
 OBSTETRICIAN/GYNECOLOGIST OR LICENSED MIDWIFE PRACTICING IN PURSUANCE OF
 AN EDUCATIONAL PROGRAM REGISTERED BY THE  DEPARTMENT  FROM  ENGAGING  IN
 SUCH PRACTICE.
   §  6958. LIMITED PERMIT. 1. A LIMITED PERMIT TO PRACTICE MIDWIFERY MAY
 BE GRANTED FOR A PERIOD NOT TO EXCEED TWELVE MONTHS TO AN INDIVIDUAL WHO
 HAS TO THE SATISFACTION OF THE DEPARTMENT MET ALL  THE  REQUIREMENTS  OF
 SECTION  SIXTY-NINE  HUNDRED  FIFTY-FIVE  OF THIS TITLE, BUT HAS NOT YET
 PASSED THE EXAMINATION REQUIRED BY SUBDIVISION THREE OF SUCH SECTION.
   2. A LIMITED PERMIT SHALL ENTITLE THE  HOLDER  TO  PRACTICE  MIDWIFERY
 ONLY UNDER THE DIRECT SUPERVISION OF A LICENSED PHYSICIAN WHO IS AUTHOR-
 IZED  UNDER  SECTION  SIXTY-NINE  HUNDRED  FIFTY-ONE  OF THIS TITLE OR A
 LICENSED MIDWIFE.
 S. 4007                            381                           A. 3007
 
                                 TITLE 14
                                 PODIATRY
 
 SECTION 7000. INTRODUCTION.
         7001. DEFINITION OF PRACTICE OF PODIATRY.
         7002. PRACTICE OF PODIATRY AND USE OF TITLE "PODIATRIST".
         7003. STATE BOARD FOR PODIATRY.
         7004. REQUIREMENTS FOR A PROFESSIONAL LICENSE.
         7005. EXEMPT PERSONS.
         7006. SPECIAL PROVISION.
         7007. LIMITED PERMITS.
         7008. LIMITED RESIDENCY PERMITS AND LIMITED FELLOWSHIP PERMITS.
         7009. PODIATRIC ANKLE SURGERY PRIVILEGES.
         7010. ANKLE SURGERY LIMITED PERMITS.
   §  7000.  INTRODUCTION. THIS TITLE APPLIES TO THE PROFESSION OF PODIA-
 TRY.  THE GENERAL PROVISIONS FOR ALL PROFESSIONS CONTAINED IN TITLE  ONE
 OF THIS ARTICLE APPLY TO THIS TITLE.
   §  7001.  DEFINITION  OF  PRACTICE OF PODIATRY. 1. THE PRACTICE OF THE
 PROFESSION OF PODIATRY IS DEFINED AS DIAGNOSING, TREATING, OPERATING AND
 PRESCRIBING FOR ANY DISEASE, INJURY, DEFORMITY OR OTHER CONDITION OF THE
 FOOT, AND MAY INCLUDE PERFORMING  PHYSICAL  EVALUATIONS  IN  CONJUNCTION
 WITH  THE  PROVISION  OF  PODIATRIC TREATMENT. FOR THE PURPOSES OF WOUND
 CARE HOWEVER, THE PRACTICE OF PODIATRY SHALL INCLUDE  THE  TREATMENT  OF
 SUCH  WOUNDS IF THEY ARE CONTIGUOUS WITH WOUNDS RELATING, ORIGINATING OR
 IN THE COURSE OF TREATMENT OF A WOUND ON THE FOOT WITHIN  THE  PODIATRIC
 SCOPE  OF  PRACTICE.  WOUND  CARE  SHALL NOT, HOWEVER, EXTEND BEYOND THE
 LEVEL ENDING AT THE DISTAL TIBIAL TUBEROSITY. THE PRACTICE  OF  PODIATRY
 MAY ALSO INCLUDE DIAGNOSING, TREATING, OPERATING AND PRESCRIBING FOR ANY
 DISEASE,  INJURY,  DEFORMITY  OR  OTHER  CONDITION OF THE ANKLE AND SOFT
 TISSUE OF THE LEG BELOW THE TIBIAL  TUBEROSITY  IF  THE  PODIATRIST  HAS
 OBTAINED  AN ISSUANCE OF A PRIVILEGE TO PERFORM PODIATRIC STANDARD ANKLE
 SURGERY OR ADVANCED ANKLE SURGERY IN ACCORDANCE WITH SECTION SEVEN THOU-
 SAND NINE OF THIS TITLE. PODIATRISTS  MAY  TREAT  TRAUMATIC  OPEN  WOUND
 FRACTURES  ONLY IN HOSPITALS, AS DEFINED IN ARTICLE TWENTY-EIGHT OF THIS
 CHAPTER. FOR THE PURPOSES OF THIS  TITLE,  THE  TERM  "ANKLE"  SHALL  BE
 DEFINED  AS THE DISTAL METAPHYSIS AND EPIPHYSIS OF THE TIBIA AND FIBULA,
 THE ARTICULAR CARTILAGE OF THE DISTAL TIBIA AND DISTAL FIBULA, THE LIGA-
 MENTS THAT CONNECT THE DISTAL METAPHYSIS AND EPIPHYSIS OF THE TIBIA  AND
 FIBULA  AND TALUS, AND THE PORTIONS OF SKIN, SUBCUTANEOUS TISSUE, FACIA,
 MUSCLES, TENDONS, LIGAMENTS AND NERVES AT OR  BELOW  THE  LEVEL  OF  THE
 MYOTENDINOUS JUNCTION OF THE TRICEPS SURAE.
   2. THE PRACTICE OF PODIATRY SHALL NOT INCLUDE TREATING ANY PART OF THE
 HUMAN  BODY  OTHER THAN THE FOOT, NOR TREATING FRACTURES OF THE MALLEOLI
 OR CUTTING OPERATIONS UPON THE MALLEOLI UNLESS THE PODIATRIST OBTAINS AN
 ISSUANCE OF A PRIVILEGE TO PERFORM PODIATRIC STANDARD ANKLE  SURGERY  OR
 PODIATRIC ADVANCED ANKLE SURGERY. PODIATRISTS WHO HAVE OBTAINED AN ISSU-
 ANCE  OF  A  PRIVILEGE  TO  PERFORM PODIATRIC STANDARD ANKLE SURGERY MAY
 PERFORM SURGERY ON THE ANKLE WHICH MAY INCLUDE SOFT TISSUE  AND  OSSEOUS
 PROCEDURES  EXCEPT  THOSE  PROCEDURES SPECIFICALLY AUTHORIZED FOR PODIA-
 TRISTS WHO HAVE OBTAINED AN ISSUANCE OF A PRIVILEGE FOR  ADVANCED  ANKLE
 SURGERY.  PODIATRISTS  WHO  HAVE  OBTAINED AN ISSUANCE OF A PRIVILEGE TO
 PERFORM PODIATRIC ADVANCED ANKLE SURGERY  MAY  PERFORM  SURGERY  ON  THE
 ANKLE  WHICH  MAY  INCLUDE  ANKLE FRACTURE FIXATION, ANKLE FUSION, ANKLE
 ARTHROSCOPY, INSERTION OR REMOVAL OF EXTERNAL FIXATION PINS INTO OR FROM
 THE TIBIAL DIAPHYSIS AT OR BELOW THE LEVEL OF THE MYOTENDINOUS  JUNCTION
 OF THE TRICEPS SURAE, AND INSERTION AND REMOVAL OF RETROGRADE TIBIOTALO-
 S. 4007                            382                           A. 3007
 
 CALCANNEAL INTRAMEDULLARY RODS AND LOCKING SCREWS UP TO THE LEVEL OF THE
 MYOTENDINOUS  JUNCTION  OF  THE  TRICEPS SURAE, BUT DOES NOT INCLUDE THE
 SURGICAL TREATMENT OF COMPLICATIONS WITHIN THE TIBIAL DIAPHYSIS  RELATED
 TO THE USE OF SUCH EXTERNAL FIXATION PINS. PODIATRISTS LICENSED TO PRAC-
 TICE,  BUT  NOT AUTHORIZED TO PRESCRIBE OR ADMINISTER NARCOTICS PRIOR TO
 THE EFFECTIVE DATE OF THIS SUBDIVISION, MAY DO  SO  ONLY  AFTER  CERTIF-
 ICATION  BY  THE DEPARTMENT IN ACCORDANCE WITH THE QUALIFICATIONS ESTAB-
 LISHED BY THE COMMISSIONER.  THE  PRACTICE  OF  PODIATRY  SHALL  INCLUDE
 ADMINISTERING ONLY LOCAL ANESTHETICS FOR THERAPEUTIC PURPOSES AS WELL AS
 FOR  ANESTHESIA  AND  TREATMENT UNDER GENERAL ANESTHESIA ADMINISTERED BY
 AUTHORIZED PERSONS. THE PRACTICE OF PODIATRY BY ANY LICENSEE  SHALL  NOT
 INCLUDE  PARTIAL  OR TOTAL ANKLE REPLACEMENTS NOR THE TREATMENT OF PILON
 FRACTURES.
   3. A. THE DEPARTMENT SHALL CONDUCT A STUDY  TO  DETERMINE  WHETHER  TO
 MAKE  AVAILABLE  TO THE PUBLIC PROFILES ON PODIATRISTS WHO HAVE OBTAINED
 AN ISSUANCE OF A PRIVILEGE TO PERFORM  PODIATRIC  STANDARD  OR  ADVANCED
 ANKLE  SURGERY  PURSUANT  TO  SUBDIVISIONS  ONE AND TWO OF SECTION SEVEN
 THOUSAND NINE OF THIS TITLE. SUCH STUDY SHALL INCLUDE  CONSIDERATION  OF
 WHETHER  IT WOULD BE APPROPRIATE AND FEASIBLE FOR THE DEPARTMENT TO MAKE
 PUBLICLY AVAILABLE PROFILES FOR SUCH PODIATRISTS IN A MANNER SIMILAR  TO
 PHYSICIAN PROFILES MADE AVAILABLE ON THE DEPARTMENT'S WEBSITE IN ACCORD-
 ANCE WITH SECTION TWENTY-NINE HUNDRED NINETY-FIVE-A OF THIS CHAPTER. THE
 DEPARTMENT  SHALL CONSULT WITH OTHER DEPARTMENTS AS NECESSARY ON MATTERS
 RELATED TO THE OPERATION OF THE DEPARTMENT'S PHYSICIAN  PROFILES  ESTAB-
 LISHED  PURSUANT  TO  SECTION  TWENTY-NINE HUNDRED NINETY-FIVE-A OF THIS
 CHAPTER IN CONDUCTING ITS STUDY.
   B. IF THE DEPARTMENT DETERMINES THAT MAKING PODIATRIST PROFILES AVAIL-
 ABLE IS APPROPRIATE AND FEASIBLE, THE DEPARTMENT SHALL OUTLINE  IN  SUCH
 STUDY  AN  APPROPRIATE  AND COST-EFFECTIVE METHOD OF PRESENTING RELEVANT
 AND APPROPRIATE PODIATRIC PROFILING INFORMATION TO THE  GENERAL  PUBLIC.
 THE  DEPARTMENT  SHALL  SUBMIT SUCH STUDY TO THE GOVERNOR, THE TEMPORARY
 PRESIDENT OF THE SENATE, THE SPEAKER OF THE ASSEMBLY, THE MINORITY LEAD-
 ER OF THE SENATE AND THE MINORITY LEADER OF THE ASSEMBLY  ON  OR  BEFORE
 NOVEMBER FIRST, TWO THOUSAND SIXTEEN.
   C.  IF THE DEPARTMENT MAKES PODIATRIST PROFILES AVAILABLE AS SET FORTH
 IN PARAGRAPH B OF THIS SUBDIVISION, THE DEPARTMENT SHALL INCLUDE ON  ITS
 WEBSITE  CONTAINING  THE  PHYSICIAN  PROFILES  ESTABLISHED  PURSUANT  TO
 SECTION TWENTY-NINE HUNDRED NINETY-FIVE-A OF THIS CHAPTER A LINK TO  THE
 WEBSITE  ON  WHICH SUCH PODIATRIST PROFILES MAY BE ACCESSED AND A STATE-
 MENT DESCRIBING THE PURPOSE OF SUCH LINK.
   § 7002. PRACTICE OF PODIATRY AND USE OF  TITLE  "PODIATRIST".  ONLY  A
 PERSON  LICENSED  OR  EXEMPT UNDER THIS TITLE SHALL PRACTICE PODIATRY OR
 USE THE TITLE "PODIATRIST" OR "CHIROPODIST".
   § 7003. STATE BOARD FOR PODIATRY. A STATE BOARD FOR PODIATRY SHALL  BE
 APPOINTED  BY  THE COMMISSIONER FOR THE PURPOSE OF ASSISTING THE DEPART-
 MENT ON MATTERS OF PROFESSIONAL LICENSING AND  PROFESSIONAL  CONDUCT  IN
 ACCORDANCE  WITH  SECTION  SIXTY-FIVE HUNDRED EIGHT OF THIS ARTICLE. THE
 BOARD SHALL BE COMPOSED OF NOT LESS THAN SEVEN PODIATRISTS  LICENSED  IN
 THIS  STATE.  AN  EXECUTIVE SECRETARY TO THE BOARD SHALL BE APPOINTED BY
 THE COMMISSIONER.
   § 7004. REQUIREMENTS FOR A PROFESSIONAL  LICENSE.  TO  QUALIFY  FOR  A
 LICENSE  AS  A  PODIATRIST,  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 PODIATRY, IN ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS;
 S. 4007                            383                           A. 3007
 
   3.  EXPERIENCE:  HAVE  EXPERIENCE  SATISFACTORY  TO  THE  BOARD 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. CITIZENSHIP: MEET NO REQUIREMENTS AS TO UNITED STATES CITIZENSHIP;
   7. CHARACTER: BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE  DEPART-
 MENT; AND
   8. FEES: PAY A FEE OF TWO HUNDRED TWENTY DOLLARS TO THE DEPARTMENT FOR
 ADMISSION  TO  A  DEPARTMENT  CONDUCTED  EXAMINATION  AND FOR AN INITIAL
 LICENSE, A FEE OF ONE HUNDRED FIFTEEN DOLLARS FOR EACH REEXAMINATION,  A
 FEE  OF  ONE  HUNDRED  THIRTY-FIVE  DOLLARS  FOR  AN INITIAL LICENSE FOR
 PERSONS NOT REQUIRING ADMISSION TO A DEPARTMENT  CONDUCTED  EXAMINATION,
 AND  A  FEE  OF  TWO HUNDRED TEN DOLLARS FOR EACH TRIENNIAL REGISTRATION
 PERIOD.
   9. CONTINUING  EDUCATION:  IN  ACCORDANCE  WITH  THE  REQUIREMENTS  OF
 SECTION SIXTY-FIVE HUNDRED TWO OF THIS ARTICLE, AT THE TIME OF RE-REGIS-
 TRATION  WITH  THE DEPARTMENT, EACH APPLICANT SHALL PRESENT SATISFACTORY
 EVIDENCE TO THE STATE BOARD FOR PODIATRY THAT IN THE YEARS PRIOR TO  THE
 FILING  FOR  RE-REGISTRATION  HE  OR SHE ATTENDED THE EDUCATION PROGRAMS
 CONDUCTED BY THE PODIATRY SOCIETY OF THE STATE OF NEW YORK OR THE EQUIV-
 ALENT OF SUCH EDUCATIONAL PROGRAMS AS APPROVED BY THE  STATE  BOARD  FOR
 PODIATRY IN ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS.
   §  7005.  EXEMPT  PERSONS. NOTHING IN THIS TITLE SHALL BE CONSTRUED TO
 AFFECT OR PREVENT A STUDENT FROM ENGAGING  IN  CLINICAL  PRACTICE  UNDER
 SUPERVISION  OF  A  LICENSED  PODIATRIST  AS  PART  OF THE PROGRAM OF AN
 APPROVED SCHOOL OF PODIATRY.
   § 7006. SPECIAL PROVISION. 1. NO CORPORATION, EXCEPT A HOSPITAL CORPO-
 RATION AUTHORIZED UNDER ARTICLE FORTY-THREE OF THE INSURANCE  LAW  OR  A
 CORPORATION  ORGANIZED  AND  EXISTING UNDER THE LAWS OF THE STATE OF NEW
 YORK WHICH, ON OR BEFORE  THE  FIRST  DAY  OF  MARCH,  NINETEEN  HUNDRED
 FORTY-TWO, WAS LEGALLY INCORPORATED TO PRACTICE PODIATRY, SHALL PRACTICE
 PODIATRY,  AND  THEN ONLY THROUGH LICENSED PODIATRISTS AND SHALL CONFORM
 TO DEPARTMENT RULES. NO CORPORATION ORGANIZED TO PRACTICE PODIATRY SHALL
 CHANGE ITS NAME OR SELL ITS FRANCHISE OR TRANSFER ITS  CORPORATE  RIGHTS
 DIRECTLY  OR  INDIRECTLY, BY TRANSFER OF CAPITAL STOCK CONTROL OR OTHER-
 WISE, TO ANY PERSON OR TO ANOTHER CORPORATION  WITHOUT  PERMISSION  FROM
 THE  DEPARTMENT  AND  ANY  CORPORATION SO CHANGING ITS NAME OR SO TRANS-
 FERRING ITS FRANCHISE OR CORPORATE RIGHTS  WITHOUT  SUCH  PERMISSION  OR
 FOUND  GUILTY  OF  VIOLATING  A  DEPARTMENT RULE SHALL BE DEEMED TO HAVE
 FORFEITED ITS RIGHT TO EXIST AND SHALL  BE  DISSOLVED  BY  A  PROCEEDING
 BROUGHT BY THE ATTORNEY GENERAL.
   2.  ANY  MANUFACTURER  OR MERCHANT MAY SELL, ADVERTISE, FIT, OR ADJUST
 PROPRIETARY FOOT REMEDIES, ARCH SUPPORTS, CORRECTIVE FOOT APPLIANCES  OR
 SHOES.
   3.  NOTWITHSTANDING ANY INCONSISTENT PROVISION OF ANY GENERAL, SPECIAL
 OR LOCAL LAW, ANY LICENSED PODIATRIST WHO VOLUNTARILY  AND  WITHOUT  THE
 EXPECTATION  OF  MONETARY  COMPENSATION  RENDERS  FIRST AID OR EMERGENCY
 TREATMENT AT THE SCENE OF AN ACCIDENT OR OTHER EMERGENCY, OUTSIDE  OF  A
 HOSPITAL  OR  ANY OTHER PLACE HAVING PROPER AND NECESSARY MEDICAL EQUIP-
 MENT, TO A PERSON WHO IS UNCONSCIOUS, ILL OR INJURED SHALL NOT BE LIABLE
 FOR DAMAGES FOR INJURIES ALLEGED TO HAVE BEEN SUSTAINED BY  SUCH  PERSON
 OR  FOR DAMAGES FOR THE DEATH OF SUCH PERSON ALLEGED TO HAVE OCCURRED BY
 REASON OF AN ACT OR OMISSION IN THE RENDERING OF SUCH FIRST AID OR EMER-
 GENCY TREATMENT UNLESS IT IS ESTABLISHED THAT SUCH INJURIES WERE OR SUCH
 DEATH WAS CAUSED BY GROSS NEGLIGENCE ON THE  PART  OF  SUCH  PODIATRIST.
 S. 4007                            384                           A. 3007
 
 NOTHING  IN  THIS  SUBDIVISION SHALL BE DEEMED OR CONSTRUED TO RELIEVE A
 LICENSED PODIATRIST FROM LIABILITY FOR DAMAGES  FOR  INJURIES  OR  DEATH
 CAUSED BY AN ACT OR OMISSION ON THE PART OF A PODIATRIST WHILE RENDERING
 PROFESSIONAL SERVICES IN THE NORMAL AND ORDINARY COURSE OF PRACTICE.
   4.  AN  UNLICENSED  PERSON MAY PROVIDE SUPPORTIVE SERVICES TO A PODIA-
 TRIST INCIDENTAL TO  AND  CONCURRENT  WITH  SUCH  PODIATRIST  PERSONALLY
 PERFORMING  A SERVICE OR PROCEDURE. NOTHING IN THIS SUBDIVISION SHALL BE
 CONSTRUED TO ALLOW AN UNLICENSED PERSON TO  PROVIDE  ANY  SERVICE  WHICH
 CONSTITUTES  THE PRACTICE OF PODIATRY AS DEFINED IN THIS TITLE. AN UNLI-
 CENSED PERSON PROVIDING SUPPORTIVE SERVICES TO A PODIATRIST MAY  OPERATE
 RADIOGRAPHIC  EQUIPMENT UNDER DIRECT SUPERVISION FOR THE SOLE PURPOSE OF
 FOOT RADIOGRAPHY PROVIDED THAT SUCH PERSON COMPLETES A COURSE  OF  STUDY
 ACCEPTABLE TO THE DEPARTMENT.
   §  7007.  LIMITED PERMITS. 1. LIMITED PERMITS TO PRACTICE PODIATRY MAY
 BE ISSUED BY THE DEPARTMENT TO GRADUATES OF A  PROGRAM  OF  PROFESSIONAL
 EDUCATION  IN  PODIATRY REGISTERED BY THE DEPARTMENT OR ACCREDITED BY AN
 ACCREDITING AGENCY ACCEPTABLE TO  THE  DEPARTMENT.  SUCH  PERMITS  SHALL
 AUTHORIZE  THE  PRACTICE  OF  PODIATRY  ONLY  UNDER THE SUPERVISION OF A
 LICENSED PODIATRIST AND ONLY IN:
   A. A HOSPITAL OR HEALTH FACILITY LICENSED PURSUANT TO ARTICLE  TWENTY-
 EIGHT OF THIS CHAPTER; OR
   B.  A  CLERKSHIP  FOR  A  PERIOD  OF  TWO YEARS OR LESS CONDUCTED BY A
 LICENSED PODIATRIST DESIGNATED AS A MEMBER OF THE FACULTY OF AN APPROVED
 SCHOOL OF PODIATRY FOR PURPOSES OF A PRECEPTORSHIP PROGRAM.
   2. LIMITED PERMITS SHALL BE ISSUED FOR A PERIOD OF ONE YEAR,  AND  MAY
 BE RENEWED AT THE DISCRETION OF THE DEPARTMENT FOR ONE ADDITIONAL YEAR.
   3.  THE FEE FOR A LIMITED PERMIT SHALL BE ONE HUNDRED FIVE DOLLARS AND
 THE FEE FOR A RENEWAL SHALL BE FIFTY DOLLARS.
   § 7008. LIMITED RESIDENCY PERMITS AND LIMITED FELLOWSHIP  PERMITS.  1.
 LIMITED  RESIDENCY  PERMITS AND LIMITED FELLOWSHIP PERMITS MAY BE ISSUED
 BY THE DEPARTMENT TO GRADUATES OF A PROGRAM OF PROFESSIONAL EDUCATION IN
 PODIATRY REGISTERED BY THE DEPARTMENT OR ACCREDITED  BY  AN  ACCREDITING
 AGENCY ACCEPTABLE TO THE DEPARTMENT.
   2. SUCH PERMITS SHALL ALLOW A RESIDENT OR FELLOW IN PODIATRIC MEDICINE
 PARTICIPATING  IN  AN  APPROVED  POST-GRADUATE  RESIDENCY  OR FELLOWSHIP
 PROGRAM TO PERFORM SUCH DUTIES, TASKS AND FUNCTIONS  THAT  ARE  REQUIRED
 FOR  SUCCESSFUL  COMPLETION  OF  SUCH  PROGRAM  UNDER THE ADMINISTRATIVE
 SUPERVISION OF A LICENSED PODIATRIST SERVING AS THE RESIDENCY OR FELLOW-
 SHIP DIRECTOR, AS APPLICABLE, IN A  HOSPITAL  OR  HEALTH  CARE  FACILITY
 LICENSED  PURSUANT  TO ARTICLE TWENTY-EIGHT OF THIS CHAPTER. AT ANY TIME
 DURING THE RESIDENCY OR FELLOWSHIP, A LICENSED PHYSICIAN OR  A  LICENSED
 PODIATRIST  MAY  PROVIDE DIRECT PERSONAL SUPERVISION OF ACTIVITIES WHICH
 HE OR SHE IS AUTHORIZED AND COMPETENT TO PROVIDE IN THE APPROVED FACILI-
 TY; PROVIDED, HOWEVER, WHEN THE RESIDENT'S OR FELLOW'S TRAINING INVOLVES
 PRACTICE BEYOND THAT AUTHORIZED IN SECTION SEVEN THOUSAND  ONE  OF  THIS
 TITLE,  A  LICENSED PHYSICIAN SHALL PROVIDE DIRECT PERSONAL SUPERVISION.
 FOR THE PURPOSES OF THIS SECTION, "DIRECT  PERSONAL  SUPERVISION"  MEANS
 SUPERVISION  OF  PROCEDURES  BASED  ON  INSTRUCTIONS GIVEN DIRECTLY BY A
 LICENSED PHYSICIAN OR LICENSED PODIATRIST, AS APPLICABLE, WHO REMAINS IN
 THE IMMEDIATE AREA WHERE THE PROCEDURES ARE BEING PERFORMED,  AUTHORIZES
 THE  PROCEDURES  AND EVALUATES THE PROCEDURES PERFORMED BY THE PODIATRIC
 RESIDENT OR FELLOW.
   3. SUCH PERMIT SHALL BE ISSUED FOR THREE YEARS AND MAY BE  RENEWED  AT
 THE  DISCRETION  OF  THE DEPARTMENT FOR ADDITIONAL ONE-YEAR PERIODS WHEN
 NECESSARY TO PERMIT THE COMPLETION OF AN APPROVED POST-GRADUATE RESIDEN-
 CY OR FELLOWSHIP IN PODIATRIC MEDICINE.
 S. 4007                            385                           A. 3007
 
   4. THE FEE FOR A LIMITED RESIDENCY  PERMIT  OR  A  LIMITED  FELLOWSHIP
 PERMIT SHALL BE ONE HUNDRED FIVE DOLLARS AND THE FEE FOR A RENEWAL SHALL
 BE FIFTY DOLLARS.
   § 7009. PODIATRIC ANKLE SURGERY PRIVILEGES. 1. FOR ISSUANCE OF A PRIV-
 ILEGE  TO PERFORM PODIATRIC STANDARD ANKLE SURGERY, AS THAT TERM IS USED
 IN SUBDIVISION TWO OF SECTION SEVEN THOUSAND  ONE  OF  THIS  TITLE,  THE
 APPLICANT SHALL FULFILL THE FOLLOWING REQUIREMENTS:
   A. APPLICATION: FILE AN APPLICATION WITH THE DEPARTMENT;
   B. LICENSE: BE LICENSED AS A PODIATRIST IN THE STATE;
   C. TRAINING AND CERTIFICATION: EITHER:
   (I)  HAVE  GRADUATED  ON  OR AFTER JUNE FIRST, TWO THOUSAND SIX FROM A
 THREE-YEAR RESIDENCY PROGRAM IN PODIATRIC MEDICINE AND SURGERY THAT  WAS
 ACCREDITED BY AN ACCREDITING AGENCY ACCEPTABLE TO THE DEPARTMENT, AND BE
 CERTIFIED  IN  RECONSTRUCTIVE  REARFOOT  AND ANKLE SURGERY BY A NATIONAL
 CERTIFYING  BOARD  HAVING  CERTIFICATION  STANDARDS  ACCEPTABLE  TO  THE
 DEPARTMENT; OR
   (II)  HAVE  GRADUATED  ON OR AFTER JUNE FIRST, TWO THOUSAND SIX FROM A
 THREE-YEAR RESIDENCY PROGRAM IN PODIATRIC MEDICINE AND SURGERY THAT  WAS
 ACCREDITED  BY  AN  ACCREDITING  AGENCY ACCEPTABLE TO THE DEPARTMENT, BE
 BOARD QUALIFIED BUT NOT YET CERTIFIED  IN  RECONSTRUCTIVE  REARFOOT  AND
 ANKLE SURGERY BY A NATIONAL CERTIFYING BOARD HAVING CERTIFICATION STAND-
 ARDS  ACCEPTABLE TO THE DEPARTMENT, AND PROVIDE DOCUMENTATION THAT HE OR
 SHE HAS ACCEPTABLE TRAINING  AND  EXPERIENCE  IN  STANDARD  OR  ADVANCED
 MIDFOOT,  REARFOOT  AND  ANKLE  PROCEDURES THAT HAS BEEN APPROVED BY THE
 DEPARTMENT; OR
   (III) HAVE GRADUATED BEFORE JUNE FIRST, TWO THOUSAND SIX FROM  A  TWO-
 YEAR  RESIDENCY  PROGRAM  IN  PODIATRIC  MEDICINE  AND  SURGERY THAT WAS
 ACCREDITED BY AN ACCREDITING AGENCY ACCEPTABLE  TO  THE  DEPARTMENT,  BE
 CERTIFIED  IN  RECONSTRUCTIVE  REARFOOT  AND ANKLE SURGERY BY A NATIONAL
 CERTIFYING  BOARD  HAVING  CERTIFICATION  STANDARDS  ACCEPTABLE  TO  THE
 DEPARTMENT,  AND  PROVIDE  DOCUMENTATION  THAT  HE OR SHE HAS ACCEPTABLE
 TRAINING AND EXPERIENCE IN STANDARD OR ADVANCED  MIDFOOT,  REARFOOT  AND
 ANKLE PROCEDURES THAT HAS BEEN APPROVED BY THE DEPARTMENT;
   D. FEES: PAY A FEE TO THE DEPARTMENT OF TWO HUNDRED TWENTY DOLLARS FOR
 THE ISSUANCE OF A PRIVILEGE TO PERFORM PODIATRIC STANDARD ANKLE SURGERY.
   2.  FOR  ISSUANCE  OF  A PRIVILEGE TO PERFORM PODIATRIC ADVANCED ANKLE
 SURGERY, AS THAT TERM IS USED IN SUBDIVISION TWO OF SECTION SEVEN  THOU-
 SAND  ONE  OF  THIS  TITLE,  THE  APPLICANT  SHALL FULFILL THE FOLLOWING
 REQUIREMENTS:
   A. APPLICATION: FILE AN APPLICATION WITH THE DEPARTMENT;
   B. LICENSE: BE LICENSED AS A PODIATRIST IN THE STATE;
   C. EXPERIENCE AND CERTIFICATION: EITHER:
   (I) HAVE GRADUATED ON OR AFTER JUNE FIRST, TWO  THOUSAND  SIX  FROM  A
 THREE-YEAR  RESIDENCY PROGRAM IN PODIATRIC MEDICINE AND SURGERY THAT WAS
 ACCREDITED BY AN ACCREDITING AGENCY ACCEPTABLE  TO  THE  DEPARTMENT,  BE
 CERTIFIED  IN  RECONSTRUCTIVE  REARFOOT  AND ANKLE SURGERY BY A NATIONAL
 CERTIFYING  BOARD  HAVING  CERTIFICATION  STANDARDS  ACCEPTABLE  TO  THE
 DEPARTMENT,  AND  PROVIDE  DOCUMENTATION  THAT  HE OR SHE HAS ACCEPTABLE
 TRAINING AND EXPERIENCE IN ADVANCED MIDFOOT, REARFOOT AND  ANKLE  PROCE-
 DURES THAT HAS BEEN APPROVED BY THE DEPARTMENT; OR
   (II)  HAVE  GRADUATED  BEFORE JUNE FIRST, TWO THOUSAND SIX FROM A TWO-
 YEAR RESIDENCY PROGRAM  IN  PODIATRIC  MEDICINE  AND  SURGERY  THAT  WAS
 ACCREDITED  BY  AN  ACCREDITING  AGENCY ACCEPTABLE TO THE DEPARTMENT, BE
 CERTIFIED IN RECONSTRUCTIVE REARFOOT AND ANKLE SURGERY,  BY  A  NATIONAL
 CERTIFYING  BOARD  HAVING  CERTIFICATION  STANDARDS  ACCEPTABLE  TO  THE
 DEPARTMENT, AND PROVIDE DOCUMENTATION THAT  HE  OR  SHE  HAS  ACCEPTABLE
 S. 4007                            386                           A. 3007
 
 TRAINING  AND  EXPERIENCE IN ADVANCED MIDFOOT, REARFOOT AND ANKLE PROCE-
 DURES THAT HAS BEEN APPROVED BY THE DEPARTMENT.
   D. FEES: PAY A FEE TO THE DEPARTMENT OF TWO HUNDRED TWENTY DOLLARS FOR
 THE ISSUANCE OF A PRIVILEGE TO PERFORM PODIATRIC ADVANCED ANKLE SURGERY.
   3.  DURATION  AND REGISTRATION OF PRIVILEGES. A PRIVILEGE ISSUED UNDER
 THIS SECTION SHALL BE VALID FOR THE LIFE OF THE HOLDER, UNLESS  REVOKED,
 ANNULLED,  OR  SUSPENDED  BY  THE  DEPARTMENT. 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  SIX  THOUSAND  FIVE  HUNDRED TWO OF THIS ARTICLE,
 PROVIDED THAT, AT THE TIME OF EACH REGISTRATION,  THE  PRIVILEGE  HOLDER
 SHALL  CERTIFY THAT HE OR SHE CONTINUES TO MEET THE REQUIREMENTS FOR THE
 PRIVILEGE SET FORTH IN THIS SECTION. THE FEE FOR SUCH REGISTRATION SHALL
 BE TWO HUNDRED TEN DOLLARS. THE  REGISTRATION  PERIOD  FOR  A  PRIVILEGE
 HOLDER  SHALL  BE  COTERMINOUS  WITH HIS OR HER REGISTRATION AS A PODIA-
 TRIST.
   § 7010. ANKLE SURGERY LIMITED PERMITS. A  LIMITED  PERMIT  TO  PERFORM
 PODIATRIC  STANDARD  ANKLE  SURGERY,  AS DESCRIBED IN SUBDIVISION TWO OF
 SECTION SEVEN THOUSAND ONE OF THIS TITLE, MAY BE ISSUED BY  THE  DEPART-
 MENT  TO A PODIATRIST WHO IS LICENSED PURSUANT TO THIS TITLE AND WHO HAS
 MET THE RESIDENCY AND BOARD QUALIFICATION/CERTIFICATION REQUIREMENTS SET
 FORTH IN SUBDIVISION ONE OF SECTION SEVEN THOUSAND NINE OF THIS TITLE IN
 ORDER TO AUTHORIZE SUCH PODIATRIST TO OBTAIN THE TRAINING AND EXPERIENCE
 REQUIRED FOR THE ISSUANCE OF A PODIATRIC STANDARD ANKLE  SURGERY  PRIVI-
 LEGE  PURSUANT TO SUBDIVISION ONE OF SECTION SEVEN THOUSAND NINE OF THIS
 TITLE.  SUCH PERMITS SHALL AUTHORIZE THE PERFORMANCE OF PODIATRIC STAND-
 ARD ANKLE SURGERY ONLY  UNDER  THE  DIRECT  PERSONAL  SUPERVISION  OF  A
 LICENSED PODIATRIST HOLDING A PODIATRIC STANDARD ANKLE SURGERY PRIVILEGE
 OR  A  PODIATRIC  ADVANCED  ANKLE  SURGERY  PRIVILEGE ISSUED PURSUANT TO
 SECTION SEVEN THOUSAND NINE OF THIS TITLE OR  OF  A  PHYSICIAN  LICENSED
 PURSUANT  TO  TITLE  TWO  OF  THIS  ARTICLE  AND CERTIFIED IN ORTHOPEDIC
 SURGERY BY A NATIONAL CERTIFYING BOARD  HAVING  CERTIFICATION  STANDARDS
 ACCEPTABLE TO THE DEPARTMENT.
   2.  A  LIMITED  PERMIT TO PERFORM PODIATRIC ADVANCED ANKLE SURGERY, AS
 DESCRIBED IN SUBDIVISION TWO OF  SECTION  SEVEN  THOUSAND  ONE  OF  THIS
 TITLE,  MAY  BE ISSUED BY THE DEPARTMENT TO A PODIATRIST WHO IS LICENSED
 PURSUANT TO THIS TITLE AND WHO HAS MET THE RESIDENCY AND  BOARD  CERTIF-
 ICATION REQUIREMENTS SET FORTH IN SUBDIVISION TWO OF SECTION SEVEN THOU-
 SAND  NINE OF THIS TITLE IN ORDER TO AUTHORIZE SUCH PODIATRIST TO OBTAIN
 THE TRAINING AND EXPERIENCE REQUIRED FOR THE  ISSUANCE  OF  A  PODIATRIC
 ADVANCED  ANKLE SURGERY PRIVILEGE PURSUANT TO SUBDIVISION TWO OF SECTION
 SEVEN THOUSAND NINE OF THIS TITLE.  SUCH  PERMITS  SHALL  AUTHORIZE  THE
 PERFORMANCE  OF  PODIATRIC  ADVANCED ANKLE SURGERY ONLY UNDER THE DIRECT
 PERSONAL SUPERVISION  OF  A  LICENSED  PODIATRIST  HOLDING  A  PODIATRIC
 ADVANCED  ANKLE  SURGERY PRIVILEGE ISSUED PURSUANT TO SUBDIVISION TWO OF
 SECTION SEVEN THOUSAND NINE OF THIS TITLE OR  OF  A  PHYSICIAN  LICENSED
 PURSUANT  TO  TITLE  TWO  OF  THIS  ARTICLE  AND CERTIFIED IN ORTHOPEDIC
 SURGERY BY A NATIONAL CERTIFYING BOARD  HAVING  CERTIFICATION  STANDARDS
 ACCEPTABLE TO THE DEPARTMENT.
   3. FOR THE PURPOSES OF THIS SECTION, DIRECT PERSONAL SUPERVISION MEANS
 SUPERVISION  OF  PROCEDURES  BASED ON INSTRUCTIONS GIVEN DIRECTLY BY THE
 SUPERVISING PODIATRIST OR PHYSICIAN WHO REMAINS IN  THE  IMMEDIATE  AREA
 WHERE  THE PROCEDURES ARE BEING PERFORMED, AUTHORIZES THE PROCEDURES AND
 EVALUATES THE PROCEDURES PERFORMED BY THE HOLDER OF THE LIMITED PERMIT.
 S. 4007                            387                           A. 3007
 
   4. THE HOLDER OF A LIMITED PERMIT  ISSUED  PURSUANT  TO  THIS  SECTION
 SHALL  PERFORM  PODIATRIC  ANKLE  SURGERY  ONLY  IN A HOSPITAL OR HEALTH
 FACILITY LICENSED PURSUANT TO ARTICLE TWENTY-EIGHT OF THIS  CHAPTER  AND
 APPROPRIATELY AUTHORIZED TO PROVIDE SUCH SURGERY.
   5.  LIMITED  PERMITS SHALL BE ISSUED FOR A PERIOD OF ONE YEAR, AND MAY
 BE RENEWED FOR ADDITIONAL ONE YEAR PERIODS WHEN NECESSARY TO PERMIT  THE
 COMPLETION OF THE TRAINING AND EXPERIENCE REQUIRED TO OBTAIN A PODIATRIC
 STANDARD  ANKLE  SURGERY  PRIVILEGE  OR PODIATRIC ADVANCED ANKLE SURGERY
 PRIVILEGE, AS APPLICABLE, PROVIDED THAT NO PERMIT MAY  BE  RENEWED  MORE
 THAN FOUR TIMES FOR EACH SUCH PRIVILEGE.
   6.  THE FEE FOR A LIMITED PERMIT SHALL BE ONE HUNDRED FIVE DOLLARS AND
 THE FEE FOR A RENEWAL SHALL BE FIFTY DOLLARS.
 
                                 TITLE 15
                                 OPTOMETRY
 
 SECTION 7100. INTRODUCTION.
         7101. DEFINITION OF THE PRACTICE OF OPTOMETRY.
         7101-A. CERTIFICATION TO USE THERAPEUTIC DRUGS.
         7102. PRACTICE OF OPTOMETRY AND USE OF TITLE "OPTOMETRIST".
         7103. STATE BOARD FOR OPTOMETRY.
         7104. REQUIREMENTS FOR A PROFESSIONAL LICENSE.
         7105. EXEMPT PERSONS.
         7106. SPECIAL PROVISIONS.
         7107. ADVERTISING OF NON-PRESCRIPTION  READY-TO-WEAR  MAGNIFYING
                 SPECTACLES OR GLASSES.
   §  7100. INTRODUCTION. THIS TITLE APPLIES TO THE PROFESSION OF OPTOME-
 TRY.  THE GENERAL PROVISIONS FOR ALL PROFESSIONS CONTAINED IN TITLE  ONE
 OF THIS ARTICLE APPLY TO THIS TITLE.
   §  7101.  DEFINITION OF THE PRACTICE OF OPTOMETRY. THE PRACTICE OF THE
 PROFESSION OF OPTOMETRY IS DEFINED AS DIAGNOSING  AND  TREATING  OPTICAL
 DEFICIENCY,  OPTICAL  DEFORMITY,  VISUAL  ANOMALY,  MUSCULAR  ANOMALY OR
 DISEASE OF THE HUMAN EYE AND ADJACENT TISSUE BY PRESCRIBING,  PROVIDING,
 ADAPTING  OR  FITTING  LENSES  OR BY PRESCRIBING, PROVIDING, ADAPTING OR
 FITTING NON-CORRECTIVE CONTACT LENSES, OR BY  PRESCRIBING  OR  PROVIDING
 ORTHOPTICS  OR  VISION  TRAINING, OR BY PRESCRIBING AND USING DRUGS. THE
 PRACTICE OF OPTOMETRY SHALL NOT INCLUDE ANY INJECTION OR INVASIVE MODAL-
 ITY. FOR PURPOSES OF THIS SECTION INVASIVE MODALITY MEANS ANY  PROCEDURE
 IN  WHICH  HUMAN  TISSUE  IS  CUT,  ALTERED, OR OTHERWISE INFILTRATED BY
 MECHANICAL OR OTHER MEANS. INVASIVE MODALITY INCLUDES  SURGERY,  LASERS,
 IONIZING  RADIATION,  THERAPEUTIC  ULTRASOUND AND THE REMOVAL OF FOREIGN
 BODIES FROM WITHIN THE TISSUE OF THE EYE. NOTHING  IN  THIS  SECTION  OR
 SECTION  SEVENTY-ONE  HUNDRED  ONE-A OF THIS TITLE SHALL BE CONSTRUED TO
 LIMIT THE SCOPE OF OPTOMETRIC PRACTICE AS AUTHORIZED  PRIOR  TO  JANUARY
 FIRST, NINETEEN HUNDRED NINETY-FIVE. THE USE OF DRUGS BY OPTOMETRISTS IS
 AUTHORIZED  ONLY  IN  ACCORDANCE  WITH  THE PROVISIONS OF THIS TITLE AND
 REGULATIONS PROMULGATED BY THE COMMISSIONER.
   § 7101-A. CERTIFICATION TO USE THERAPEUTIC DRUGS. 1.  DEFINITIONS.  AS
 USED IN THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEAN-
 INGS:
   A.  CLINICAL  TRAINING.  CLINICAL  TRAINING  SHALL MEAN THE DIAGNOSIS,
 TREATMENT AND MANAGEMENT OF PATIENTS WITH OCULAR DISEASE  AND  SHALL  BE
 COMPARABLE TO THAT ACQUIRED BY A CURRENT GRADUATE OF THE STATE UNIVERSI-
 TY COLLEGE OF OPTOMETRY.
 S. 4007                            388                           A. 3007
 
   B. CONSULTATION. CONSULTATION SHALL MEAN A CONFIRMATION OF THE DIAGNO-
 SIS,  A  PLAN  OF CO-MANAGEMENT OF THE PATIENT, AND A PERIODIC REVIEW OF
 THE PATIENT'S PROGRESS.
   C.  EDUCATION  REVIEW COMMITTEE. EDUCATION REVIEW COMMITTEE SHALL MEAN
 THE COMMITTEE ESTABLISHED PURSUANT TO SUBDIVISION NINE OF THIS SECTION.
   D. DIAGNOSTIC PHARMACEUTICALS. DIAGNOSTIC PHARMACEUTICALS  SHALL  MEAN
 THOSE  DRUGS  WHICH  SHALL  BE  LIMITED  TO  TOPICAL APPLICATIONS TO THE
 SURFACE OF THE EYE FOR THE PURPOSE OF DIAGNOSTIC EXAMINATION OF THE  EYE
 AND SHALL BE LIMITED TO:
   (I) ANESTHETIC AGENTS;
   (II) MYDRIATICS;
   (III) CYCLOPLEGICS;
   (IV) MIOTICS;
   (V)  DISCLOSING  AGENTS  AND OTHER SUBSTANCES USED IN CONJUNCTION WITH
 THESE DRUGS AS PART OF A DIAGNOSTIC PROCEDURE.
   E. TOPICAL  THERAPEUTIC  PHARMACEUTICAL  AGENTS.  TOPICAL  THERAPEUTIC
 PHARMACEUTICAL  AGENTS  SHALL MEAN THOSE DRUGS WHICH SHALL BE LIMITED TO
 TOPICAL APPLICATION TO THE SURFACE OF THE EYE FOR  THERAPEUTIC  PURPOSES
 AND SHALL BE LIMITED TO:
   (I) ANTIBIOTIC/ANTIMICROBIALS;
   (II) DECONGESTANTS/ANTI-ALLERGENICS;
   (III) NON-STEROIDAL ANTI-INFLAMMATORY AGENTS;
   (IV) STEROIDAL ANTI-INFLAMMATORY AGENTS;
   (V) ANTIVIRAL AGENTS;
   (VI) HYPEROSMOTIC/HYPERTONIC AGENTS;
   (VII) CYCLOPLEGICS;
   (VIII) ARTIFICIAL TEARS AND LUBRICANTS; AND
   (IX) IMMUNOSUPPRESSIVE AGENTS.
   F.  THERAPEUTIC  PHARMACEUTICAL  AGENTS  FOR TREATMENT OF GLAUCOMA AND
 OCULAR HYPERTENSION. THERAPEUTIC PHARMACEUTICAL AGENTS FOR TREATMENT  OF
 GLAUCOMA  AND  OCULAR HYPERTENSION SHALL MEAN THOSE DRUGS WHICH SHALL BE
 LIMITED TO TOPICAL APPLICATION TO THE SURFACE OF THE EYE  AND  SHALL  BE
 LIMITED TO:
   (I) BETA BLOCKERS;
   (II) ALPHA AGONISTS;
   (III) DIRECT ACTING CHOLINERGIC AGENTS;
   (IV) PROSTAGLANDIN ANALOGS; AND
   (V) CARBONIC ANHYDRASE INHIBITORS.
   G. ORAL THERAPEUTIC PHARMACEUTICAL AGENTS. ORAL THERAPEUTIC PHARMACEU-
 TICAL  AGENTS SHALL MEAN THOSE ORALLY ADMINISTERED DRUGS USED FOR THERA-
 PEUTIC PURPOSES SOLELY FOR THE TREATMENT OF  DISEASES  OF  THE  EYE  AND
 ADNEXA AND SHALL BE LIMITED TO:
   (I) THE FOLLOWING ANTIBIOTICS:
   (1) AMOXICILLIN/CLAVULANATE POTASSIUM;
   (2) CEPHALEXIN;
   (3) AZITHROMYCIN;
   (4) SULFAMETHOXAZOLE/TRIMETHOPRIM;
   (5) DOXYCYCLINE; AND
   (6) TETRACYCLINE;
   (II)  THE  FOLLOWING  ANTIGLAUCOMA  AGENTS  USED FOR THE MANAGEMENT OF
 ACUTE INCREASES IN INTRAOCULAR PRESSURE; PROVIDED, HOWEVER,  AN  OPTOME-
 TRIST   MAY   USE  OR  PRESCRIBE  A  MAXIMUM  OF  ONE  TWENTY-FOUR  HOUR
 PRESCRIPTION AND SHALL IMMEDIATELY  REFER  THE  PATIENT  TO  A  LICENSED
 PHYSICIAN SPECIALIZING IN DISEASES OF THE EYE:
   (1) ACETAZOLAMIDE; AND
   (2) METHAZOLAMIDE; AND
 S. 4007                            389                           A. 3007
 
   (III) THE FOLLOWING ANTIVIRAL AGENTS USED FOR HERPES ZOSTER OPHTHALMI-
 CUS;  PROVIDED  AN  OPTOMETRIST  SHALL  USE OR PRESCRIBE IN MAXIMUM, ONE
 SEVEN-DAY PRESCRIPTION; PROVIDED, HOWEVER, IF  A  PATIENT  IS  DIAGNOSED
 WITH  HERPES  ZOSTER OPHTHALMICUS AND HAS NOT ALREADY BEEN EXAMINED BY A
 PRIMARY  CARE  PHYSICIAN  OR  OTHER APPROPRIATE PHYSICIAN FOR SUCH VIRAL
 CONDITION, AN OPTOMETRIST SHALL REFER THE PATIENT TO A LICENSED  PRIMARY
 CARE  PHYSICIAN, LICENSED PHYSICIAN SPECIALIZING IN DISEASES OF THE EYE,
 OR OTHER APPROPRIATE PHYSICIAN WITHIN THREE DAYS OF SUCH DIAGNOSIS:
   (1) VALACYCLOVIR; AND
   (2) ACYCLOVIR.
   2. STANDARD OF CARE. AN OPTOMETRIST AUTHORIZED TO  USE  PHARMACEUTICAL
 AGENTS  FOR  USE  IN  THE  DIAGNOSIS,  TREATMENT OR PREVENTION OF OCULAR
 DISEASE SHALL BE HELD TO THE SAME STANDARD OF CARE IN DIAGNOSIS, USE  OF
 SUCH  AGENTS,  AND  TREATMENT  AS  THAT  DEGREE OF SKILL AND PROFICIENCY
 COMMONLY EXERCISED BY A PHYSICIAN IN THE SAME COMMUNITY.
   3. CERTIFICATE. THE COMMISSIONER SHALL ISSUE APPROPRIATE  CERTIFICATES
 TO   USE  THERAPEUTIC  PHARMACEUTICAL  AGENTS  IN  ACCORDANCE  WITH  THE
 PROVISIONS OF THIS SECTION TO THOSE OPTOMETRISTS WHO HAVE SATISFACTORILY
 COMPLETED A CURRICULUM IN GENERAL AND OCULAR PHARMACOLOGY AT  A  COLLEGE
 OF  OPTOMETRY WITH DIDACTIC AND SUPERVISED CLINICAL PROGRAMS APPROVED BY
 THE DEPARTMENT ARE ELIGIBLE TO APPLY FOR THE CERTIFICATE ISSUED PURSUANT
 TO THIS SECTION.
   4. TOPICAL THERAPEUTIC  PHARMACEUTICAL  AGENTS.  A.  BEFORE  USING  OR
 PRESCRIBING  TOPICAL THERAPEUTIC PHARMACEUTICAL AGENTS, EACH OPTOMETRIST
 SHALL HAVE COMPLETED AT LEAST THREE HUNDRED HOURS OF  CLINICAL  TRAINING
 IN  THE  DIAGNOSIS,  TREATMENT  AND  MANAGEMENT  OF PATIENTS WITH OCULAR
 DISEASE OTHER THAN GLAUCOMA AND  OCULAR  HYPERTENSION,  NOT  FEWER  THAN
 TWENTY-FIVE  HOURS OF SUCH TRAINING SHALL HAVE BEEN COMPLETED SUBSEQUENT
 TO JUNE THIRTIETH, NINETEEN HUNDRED NINETY-THREE AND ADDITIONALLY  SHALL
 EITHER  HAVE  TAKEN AND SUCCESSFULLY PASSED THE TREATMENT AND MANAGEMENT
 OF OCULAR DISEASES PORTION OF THE NATIONAL BOARD OF EXAMINERS IN OPTOME-
 TRY TEST OR HAVE TAKEN AND SUCCESSFULLY PASSED AN EXAMINATION ACCEPTABLE
 TO THE BOARD.
   B. BEFORE USING OR PRESCRIBING THERAPEUTIC PHARMACEUTICAL  AGENTS  FOR
 TREATMENT  OF  GLAUCOMA  AND OCULAR HYPERTENSION, AN OPTOMETRIST MUST BE
 CERTIFIED  FOR  DIAGNOSTIC  AND  TOPICAL  THERAPEUTIC  AGENTS  AND  HAVE
 COMPLETED  AN  ADDITIONAL  ONE HUNDRED HOURS OF CLINICAL TRAINING IN THE
 DIAGNOSIS, TREATMENT AND MANAGEMENT OF PATIENTS WITH GLAUCOMA AND OCULAR
 HYPERTENSION, NOT FEWER THAN TWENTY-FIVE HOURS OF  SUCH  TRAINING  SHALL
 HAVE  BEEN  COMPLETED SUBSEQUENT TO JULY FIRST, NINETEEN HUNDRED NINETY-
 FOUR, AND SHALL HAVE TAKEN AND SUCCESSFULLY PASSED AN  ORAL  OR  WRITTEN
 EXAMINATION ACCEPTABLE BY THE BOARD.
   C. BEFORE USING OR PRESCRIBING ORAL THERAPEUTIC PHARMACEUTICAL AGENTS,
 AN  OPTOMETRIST MUST BE CERTIFIED TO PRESCRIBE DIAGNOSTIC PHARMACEUTICAL
 AGENTS AND TOPICAL THERAPEUTIC AND THERAPEUTIC PHARMACEUTICAL AGENTS FOR
 TREATMENT OF GLAUCOMA AND OCULAR HYPERTENSION, HAVE  COMPLETED  AN  ORAL
 THERAPEUTIC PHARMACEUTICAL AGENT CERTIFICATION COURSE AND HAVE PASSED AN
 EXAMINATION  WITHIN  FIVE  YEARS  OF  THE  DEPARTMENT'S  APPROVAL OF THE
 INITIAL CERTIFICATION COURSE OR THE INITIAL  EXAMINATION,  WHICHEVER  IS
 LATER PROVIDED, HOWEVER, AN OPTOMETRIST WHO HAS COMMENCED THE ORAL THER-
 APEUTIC  PHARMACEUTICAL  AGENT CERTIFICATION COURSE WITHIN THE FIVE YEAR
 TIME PERIOD BUT HAS NOT YET PASSED AN EXAMINATION SHALL  BE  ALLOWED  TO
 TAKE  SUCH  EXAMINATION  AND  BECOME  CERTIFIED AFTER THE FIVE YEAR TIME
 PERIOD PROVIDED FOR IN THIS PARAGRAPH HAS ENDED.
   (I) THE CURRICULUM  FOR  THE  ORAL  THERAPEUTIC  PHARMACEUTICAL  AGENT
 CERTIFICATION  COURSE  SHALL INCLUDE, BUT NOT BE LIMITED TO, INSTRUCTION
 S. 4007                            390                           A. 3007
 
 IN PHARMACOLOGY AND DRUG INTERACTION IN TREATING OCULAR DISEASE  AND  BE
 TAUGHT  THROUGH  CLINICAL CASE SCENARIOS AND EMPHASIZE CLINICAL DECISION
 MAKING AND SHALL BE NO LESS THAN FORTY HOURS,  OF  WHICH  NO  LESS  THAN
 TWENTY-FOUR HOURS SHALL BE LIVE INSTRUCTION.
   (II)  SUCH  COURSE SHALL QUALIFY TOWARDS MEETING THE CONTINUING EDUCA-
 TION PER TRIENNIAL  REGISTRATION  REQUIREMENT  PURSUANT  TO  SUBDIVISION
 SEVEN OF THIS SECTION.
   (III)  THE  EXAMINATION SHALL ASSESS THE KNOWLEDGE OF MATERIALS IN THE
 CURRICULUM  AND  REFLECT  THE  ORAL  THERAPEUTIC  PHARMACEUTICAL  AGENTS
 DESCRIBED  IN  PARAGRAPH G OF SUBDIVISION ONE OF THIS SECTION, AND SHALL
 BE ACCEPTABLE TO THE DEPARTMENT.
   (IV) THE INITIAL, AND ANY SUBSEQUENT, CURRICULUM AND EXAMINATION SHALL
 BE SUBJECT TO REVIEW AND APPROVAL BY THE DEPARTMENT.
   (V) THE REQUIREMENT FOR  THE  ORAL  THERAPEUTIC  PHARMACEUTICAL  AGENT
 CERTIFICATION  COURSE  AND  EXAMINATION SHALL NOT APPLY TO THOSE OPTOME-
 TRISTS WHO GRADUATED FROM AN ACCREDITED COLLEGE OF OPTOMETRY  SUBSEQUENT
 TO JANUARY FIRST, TWO THOUSAND TWENTY-TWO AND HAVE TAKEN AND SUCCESSFUL-
 LY PASSED THE NATIONAL BOARD OF EXAMINERS IN OPTOMETRY EXAMINATION OR AN
 EXAMINATION ACCEPTABLE TO THE DEPARTMENT.
   D.  THE  CLINICAL  TRAINING  REQUIRED  BY  THIS  SECTION MAY HAVE BEEN
 ACQUIRED PRIOR TO THE ENACTMENT OF THIS SECTION  NOT  INCONSISTENT  WITH
 PARAGRAPHS  A  AND  B  OF THIS SUBDIVISION. APPROVAL OF THE PRE-ACQUIRED
 CLINICAL TRAINING SHALL BE IN ACCORDANCE WITH SUBDIVISION NINE-A OF THIS
 SECTION.
   E. THE PROVISIONS OF PARAGRAPHS A AND B OF THIS SUBDIVISION SHALL  NOT
 APPLY TO (I) GRADUATES OF AN APPROPRIATE PROGRAM APPROVED BY THE DEPART-
 MENT WHO HAVE SUCCESSFULLY PASSED THE EXAMINATION ON THE USE OF DIAGNOS-
 TIC AND THERAPEUTIC DRUGS AND WHO GRADUATED SUBSEQUENT TO JANUARY FIRST,
 NINETEEN HUNDRED NINETY-THREE; OR (II) OPTOMETRISTS WHO HAVE BEEN CERTI-
 FIED  FOR  AT  LEAST  FIVE YEARS TO USE PHASE ONE AND PHASE TWO DRUGS IN
 ANOTHER  JURISDICTION,  HAVE  DEMONSTRATED  SUCH  USE  IN  INDEPENDENTLY
 MANAGED  PATIENTS,  AND  HAVE  BEEN  LICENSED IN ACCORDANCE WITH SECTION
 SEVENTY-ONE HUNDRED FOUR OF THIS TITLE. PROVIDED,  HOWEVER,  NO  OPTOME-
 TRIST  EXEMPT  UNDER  THIS PARAGRAPH SHALL BE PERMITTED TO USE PHASE ONE
 THERAPEUTIC PHARMACEUTICAL AGENTS OR PHASE  TWO  THERAPEUTIC  PHARMACEU-
 TICAL AGENTS PRIOR TO THE GENERAL AUTHORIZATION PROVIDED TO OPTOMETRISTS
 LICENSED IN THIS STATE.
   5.  SUSPENSION  OF  CERTIFICATION.  THE  DEPARTMENT  SHALL SUSPEND THE
 CERTIFICATION FOR THE USE AND PRESCRIBING OF TOPICAL THERAPEUTIC  AGENTS
 OF  ANY  OPTOMETRIST  WHO FAILS TO RECEIVE CERTIFICATION FOR THERAPEUTIC
 PHARMACEUTICAL AGENTS FOR TREATMENT OF GLAUCOMA AND OCULAR  HYPERTENSION
 WITHIN  THREE  YEARS  OF  HAVING  BEEN CERTIFIED FOR TOPICAL THERAPEUTIC
 PHARMACEUTICAL AGENTS.
   6. CONSULTATION WITH USE OF CERTAIN TOPICAL THERAPEUTIC PHARMACEUTICAL
 AGENTS FOR TREATMENT OF GLAUCOMA AND OCULAR HYPERTENSION. A.  AFTER  THE
 INITIAL DIAGNOSIS OF GLAUCOMA OR OCULAR HYPERTENSION AND BEFORE INITIAT-
 ING  TREATMENT  OF ANY PATIENT, AN OPTOMETRIST SHALL ENGAGE IN A WRITTEN
 CONSULTATION WITH A LICENSED PHYSICIAN SPECIALIZING IN DISEASES  OF  THE
 EYE.
   B.  A  CONSULTATION  SHALL  BE REQUIRED FOR A PERIOD OF THREE YEARS OR
 UNTIL THE OPTOMETRIST HAS EXAMINED AND DIAGNOSED  SEVENTY-FIVE  PATIENTS
 HAVING  GLAUCOMA  OR  OCULAR  HYPERTENSION  WHICH EXAMINATIONS REQUIRE A
 WRITTEN CONSULTATION IN ACCORDANCE WITH PARAGRAPH A OF THIS SUBDIVISION,
 WHICHEVER OCCURS LATER.
   C. THE CONSULTATION PROVISIONS SHALL NOT APPLY TO  A  GRADUATE  OF  AN
 APPROPRIATE  PROGRAM  APPROVED BY THE DEPARTMENT WHO SUCCESSFULLY PASSED
 S. 4007                            391                           A. 3007
 
 AN EXAMINATION IN THE USE OF DIAGNOSTIC AND  THERAPEUTIC  PHARMACEUTICAL
 AGENTS  APPROVED  BY THE DEPARTMENT AND GRADUATED SUCH SCHOOL SUBSEQUENT
 TO JANUARY FIRST, NINETEEN HUNDRED NINETY-NINE AND WHO HAS HAD AT  LEAST
 SEVENTY-FIVE  DOCUMENTED  EXAMINATIONS  AND  DIAGNOSIS  OF PATIENTS WITH
 GLAUCOMA OR OCULAR HYPERTENSION WHICH EXAMINATIONS WERE  PART  OF  THEIR
 TRAINING AND WERE UNDER PHYSICIAN SUPERVISION.
   7.  CONTINUING EDUCATION. A. EACH OPTOMETRIST CERTIFIED TO USE TOPICAL
 THERAPEUTIC PHARMACEUTICAL AGENTS AND THERAPEUTIC PHARMACEUTICAL  AGENTS
 FOR  TREATMENT  OF  GLAUCOMA  AND  OCULAR HYPERTENSION, SHALL COMPLETE A
 MINIMUM OF THIRTY-SIX HOURS OF  CONTINUING  EDUCATION  IN  THE  AREA  OF
 OCULAR  DISEASE AND PHARMACOLOGY PER TRIENNIAL REGISTRATION PERIOD. EACH
 OPTOMETRIST CERTIFIED TO  USE  ORAL  THERAPEUTIC  PHARMACEUTICAL  AGENTS
 SHALL,  IN ADDITION TO THE MINIMUM THIRTY-SIX HOURS OF CONTINUING EDUCA-
 TION PROVIDED FOR IN THIS SUBDIVISION, COMPLETE AN ADDITIONAL MINIMUM OF
 EIGHTEEN HOURS OF CONTINUING EDUCATION RELATED TO SYSTEMIC  DISEASE  AND
 THERAPEUTIC  TREATMENT  PER  TRIENNIAL REGISTRATION PERIOD.  SUCH EDUCA-
 TIONAL PROGRAMS MAY INCLUDE BOTH DIDACTIC AND  CLINICAL  COMPONENTS  AND
 SHALL  BE  APPROVED  IN  ADVANCE BY THE DEPARTMENT. BEGINNING ON JANUARY
 FIRST, TWO THOUSAND TWENTY-FOUR, ALL SPONSORS  OF  CONTINUING  EDUCATION
 COURSES  SEEKING  ADVANCED  APPROVAL  FROM  THE DEPARTMENT SHALL FILE AN
 APPLICATION AND PAY A FEE DETERMINED BY  THE  DEPARTMENT  IN  ACCORDANCE
 WITH  THE REGULATIONS OF THE COMMISSIONER. AN OPTOMETRIST SUBJECT TO THE
 PROVISIONS OF THIS SUBDIVISION WHOSE FIRST REGISTRATION  DATE  FOLLOWING
 THE  EFFECTIVE  DATE  OF  THIS SECTION OCCURS LESS THAN THREE YEARS FROM
 SUCH EFFECTIVE DATE, BUT ON OR AFTER JANUARY FIRST, TWO  THOUSAND  TWEN-
 TY-FOUR,  SHALL  COMPLETE CONTINUING EDUCATION HOURS ON A PRORATED BASIS
 AT THE RATE OF ONE HOUR PER  MONTH  FOR  THE  PERIOD  BEGINNING  JANUARY
 FIRST, TWO THOUSAND TWENTY-FOUR UP TO THE FIRST REGISTRATION DATE THERE-
 AFTER.  AN  OPTOMETRIST  WHO  HAS NOT SATISFIED THE MANDATORY CONTINUING
 EDUCATION REQUIREMENT PURSUANT TO THIS SUBDIVISION SHALL NOT BE ISSUED A
 TRIENNIAL REGISTRATION CERTIFICATE BY THE DEPARTMENT AND SHALL NOT PRAC-
 TICE UNLESS AND UNTIL A CONDITIONAL REGISTRATION IS ISSUED  AS  PROVIDED
 FOR IN PARAGRAPH B OF THIS SUBDIVISION. CONTINUING EDUCATION HOURS TAKEN
 DURING ONE TRIENNIUM MAY NOT BE TRANSFERRED TO THE SUBSEQUENT TRIENNIUM.
   B.  THE  DEPARTMENT, IN ITS DISCRETION, MAY ISSUE A CONDITIONAL REGIS-
 TRATION TO AN OPTOMETRIST WHO FAILS TO  MEET  THE  CONTINUING  EDUCATION
 REQUIREMENTS  ESTABLISHED  IN  PARAGRAPH  A OF THIS SUBDIVISION, BUT WHO
 AGREES TO MAKE UP ANY DEFICIENCIES AND COMPLETE 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
 OPTOMETRIST WHO IS NOTIFIED OF THE DENIAL OF REGISTRATION FOR FAILURE TO
 SUBMIT  EVIDENCE, SATISFACTORY TO THE DEPARTMENT, OF REQUIRED CONTINUING
 EDUCATION AND WHO PRACTICES WITHOUT SUCH REGISTRATION MAY BE SUBJECT  TO
 DISCIPLINARY  PROCEEDINGS  PURSUANT TO SECTION SIXTY-FIVE HUNDRED TEN OF
 THIS ARTICLE.
   C. IN ACCORDANCE WITH THE INTENT OF THIS SECTION,  ADJUSTMENT  TO  THE
 MANDATORY CONTINUING EDUCATION REQUIREMENT MAY BE GRANTED BY THE DEPART-
 MENT  FOR  REASONS OF HEALTH THAT ARE CERTIFIED BY AN APPROPRIATE HEALTH
 CARE PROFESSIONAL, FOR EXTENDED ACTIVE DUTY WITH THE ARMED FORCES OF THE
 UNITED STATES, OR FOR OTHER GOOD  CAUSE  ACCEPTABLE  TO  THE  DEPARTMENT
 WHICH MAY PREVENT COMPLIANCE.
   D.  AN  OPTOMETRIST  NOT  ENGAGED  IN  PRACTICE,  AS DETERMINED BY THE
 DEPARTMENT, SHALL BE EXEMPT  FROM  THE  MANDATORY  CONTINUING  EDUCATION
 REQUIREMENT UPON THE FILING OF A STATEMENT WITH THE DEPARTMENT DECLARING
 S. 4007                            392                           A. 3007
 
 SUCH  STATUS.  ANY  LICENSEE  WHO  RETURNS  TO THE PRACTICE OF OPTOMETRY
 DURING THE TRIENNIAL REGISTRATION PERIOD  SHALL  NOTIFY  THE  DEPARTMENT
 PRIOR TO REENTERING THE PROFESSION AND SHALL MEET SUCH CONTINUING EDUCA-
 TION  REQUIREMENTS  AS SHALL BE PRESCRIBED BY REGULATIONS OF THE COMMIS-
 SIONER.
   E. OPTOMETRISTS SUBJECT TO THE PROVISIONS OF  THIS  SUBDIVISION  SHALL
 MAINTAIN  ADEQUATE  DOCUMENTATION OF COMPLETION OF ACCEPTABLE CONTINUING
 EDUCATION CREDITS AND SHALL PROVIDE SUCH DOCUMENTATION AT THE REQUEST OF
 THE DEPARTMENT. FAILURE TO PROVIDE SUCH DOCUMENTATION UPON  THE  REQUEST
 OF  THE DEPARTMENT SHALL BE AN ACT OF MISCONDUCT SUBJECT TO DISCIPLINARY
 PROCEEDINGS PURSUANT TO SECTION SIXTY-FIVE HUNDRED TEN OF THIS ARTICLE.
   F. THE MANDATORY CONTINUING EDUCATION FEE SHALL BE DETERMINED  BY  THE
 DEPARTMENT. SUCH FEE SHALL BE PAYABLE ON OR BEFORE THE FIRST DAY OF EACH
 TRIENNIAL  REGISTRATION  PERIOD,  AND  SHALL  BE PAID IN ADDITION TO THE
 TRIENNIAL REGISTRATION FEE REQUIRED  BY  SUBDIVISION  EIGHT  OF  SECTION
 SEVENTY-ONE HUNDRED FOUR OF THIS TITLE.
   8. NOTICE TO PATIENT WITH THE USE OR PRESCRIPTION OF TOPICAL THERAPEU-
 TIC  PHARMACEUTICAL  AGENTS  AND  THERAPEUTIC  PHARMACEUTICAL AGENTS FOR
 TREATMENT OF GLAUCOMA AND OCULAR HYPERTENSION.  A.  (I)  AN  OPTOMETRIST
 PRESCRIBING  TOPICAL  STEROIDS OR ANTIVIRAL MEDICATION SHALL INFORM EACH
 PATIENT THAT IN THE EVENT THE CONDITION DOES  NOT  IMPROVE  WITHIN  FIVE
 DAYS, A PHYSICIAN OF THE PATIENT'S CHOICE WILL BE NOTIFIED.
   (II) AN OPTOMETRIST ENGAGED IN A WRITTEN CONSULTATION WITH AN OPHTHAL-
 MOLOGIST SHALL INFORM A PATIENT DIAGNOSED WITH GLAUCOMA THAT THE OPTOME-
 TRIST  WILL HAVE THE DIAGNOSIS CONFIRMED AND CO-MANAGED WITH AN OPHTHAL-
 MOLOGIST OF THE PATIENT'S CHOICE, OR ONE SELECTED BY THE OPTOMETRIST.
   B. IN ADDITION, EACH OPTOMETRIST CERTIFIED TO PRESCRIBE AND USE THERA-
 PEUTIC DRUGS SHALL HAVE POSTED CONSPICUOUSLY  IN  THE  OFFICE  RECEPTION
 AREA THE FOLLOWING NOTICE:
   "DR. (NAME), O.D. IS CERTIFIED BY NEW YORK STATE TO USE DRUGS TO DIAG-
 NOSE AND TREAT DISEASES OF THE EYE. IN THE EVENT YOUR CONDITION REQUIRES
 THE  USE OF STEROIDS OR ANTIVIRAL MEDICATION AND YOUR CONDITION DOES NOT
 IMPROVE WITHIN FIVE DAYS, A PHYSICIAN OF YOUR CHOICE WILL BE NOTIFIED.
   IN THE EVENT YOU ARE DIAGNOSED WITH  GLAUCOMA,  THE  OPTOMETRIST  WILL
 HAVE  YOUR DIAGNOSIS CONFIRMED AND TREATMENT CO-MANAGED WITH AN OPHTHAL-
 MOLOGIST (MD) OF YOUR CHOICE, OR  IF  YOU  WISH,  ONE  SELECTED  BY  DR.
 (NAME)."
   THE  SECOND  PARAGRAPH  OF  SUCH  NOTICE  SHALL ONLY BE REQUIRED TO BE
 INCLUDED DURING THE PERIOD WHEN THE OPTOMETRIST IS ENGAGED IN A  WRITTEN
 CONSULTATION PURSUANT TO SUBDIVISION SIX OF THIS SECTION.
   9. EDUCATION REVIEW COMMITTEE. AN EDUCATION REVIEW COMMITTEE IS HEREBY
 CREATED TO ADVISE AND ASSIST THE COMMISSIONER IN EVALUATING PRE-ACQUIRED
 CLINICAL  TRAINING.  THE  MEMBERS OF THE COMMITTEE SHALL BE APPOINTED BY
 THE COMMISSIONER IN  CONSULTATION  WITH  THE  CHANCELLOR  OF  THE  STATE
 UNIVERSITY OF NEW YORK. THE COMMITTEE SHALL CONSIST OF FIVE MEMBERS, TWO
 OF  WHOM  SHALL  BE  OPTOMETRISTS  ON THE FACULTY OF THE SUNY COLLEGE OF
 OPTOMETRY, TWO OF WHOM SHALL BE OPHTHALMOLOGISTS  WHO,  IN  ADDITION  TO
 BEING  MEMBERS  OF  THE  FACULTY  OF ANY APPROVED MEDICAL SCHOOL IN THIS
 STATE AND NOT ALSO FACULTY MEMBERS OF SUNY COLLEGE  OF  OPTOMETRY,  HAVE
 SURGICAL  PRIVILEGES  AT A NEW YORK STATE HOSPITAL. THE FIFTH MEMBER WHO
 SHALL BE DESIGNATED AS CHAIR SHALL BE AN EXPERT IN THE FIELD  OF  PUBLIC
 HEALTH AND SHALL BE NEITHER AN OPHTHALMOLOGIST NOR AN OPTOMETRIST.
   THE  COMMISSIONER  SHALL  SUBMIT EACH APPLICATION TO THE COMMITTEE FOR
 ITS REVIEW  AND  RECOMMENDATION.  IN  MAKING  SUCH  RECOMMENDATION,  THE
 COMMITTEE  SHALL  ADVISE AS TO THE NUMBER OF HOURS OF PRE-ACQUIRED CLIN-
 ICAL TRAINING, IF ANY,  TO  BE  APPROVED,  BASED  UPON  THE  INFORMATION
 S. 4007                            393                           A. 3007

 SUBMITTED WITH THE APPLICATION. IN EVALUATING SUCH TRAINING, THE COMMIT-
 TEE  SHALL  BE  AUTHORIZED  TO REQUIRE THE SUBMISSION OF SUCH REASONABLE
 DOCUMENTATION NEEDED TO FACILITATE THE COMMITTEE'S REVIEW OF THE ADEQUA-
 CY AND RELEVANCE OF SUCH TRAINING.
   9-A.  PRE-ACQUIRED  CLINICAL  TRAINING. A. EACH OPTOMETRIST REQUESTING
 APPROVAL OF PRE-ACQUIRED CLINICAL TRAINING SHALL SUBMIT A WRITTEN APPLI-
 CATION TO THE DEPARTMENT. THE COMMISSIONER,  IN  CONSULTATION  WITH  THE
 EDUCATION REVIEW COMMITTEE MAY PROVIDE CREDIT FOR THE FOLLOWING:
   (I)  CLINICAL  TRAINING  ACQUIRED  AT  AN  INSTITUTION ACCREDITED BY A
 REGIONAL OR PROFESSIONAL ACCREDITATION ORGANIZATION WHICH IS  RECOGNIZED
 OR APPROVED BY THE UNITED STATES DEPARTMENT OF EDUCATION AND THE DEPART-
 MENT;
   (II) CLINICAL TRAINING ACQUIRED AT A FACILITY LICENSED BY THE STATE OF
 NEW YORK IN ACCORDANCE WITH ARTICLE TWENTY-EIGHT OF THIS CHAPTER OR AT A
 COMPARABLE  FACILITY  LOCATED  IN  ANOTHER STATE OR COUNTRY PROVIDED THE
 LICENSING REQUIREMENTS OR ACCREDITATION REQUIREMENTS OF SUCH INSTITUTION
 ARE COMPARABLE TO THOSE OF NEW YORK STATE;
   (III) HOSPITAL AFFILIATIONS, INCLUDING ROUNDS AND  PATIENT  MANAGEMENT
 FOR APPLICANTS HAVING STAFF PRIVILEGES AT SUCH FACILITY;
   (IV)  CONSULTATION AND CO-MANAGEMENT WITH OPHTHALMOLOGISTS OF PATIENTS
 WITH OCULAR DISEASE AND POST-SURGERY RECOVERY;
   (V) POSTDOCTORAL ACCREDITED RESIDENCY OR FELLOWSHIP PROGRAMS;
   (VI) EXPERIENCE AT AN ACCREDITED EDUCATIONAL INSTITUTION AS A  FACULTY
 INSTRUCTOR  IN  CLINICAL PRACTICE, OCULAR DISEASE MANAGEMENT AND PHARMA-
 COLOGY;
   (VII) EXPERIENCE IN OTHER STATES  IN  WHICH  THE  APPLICANT  HAS  BEEN
 CERTIFIED TO USE THERAPEUTIC PHARMACEUTICAL AGENTS.
   B.  ANY  OPTOMETRIST DISAGREEING WITH THE RECOMMENDATION OF THE EDUCA-
 TION REVIEW COMMITTEE SHALL HAVE A RIGHT TO APPEAL  IN  WRITING  TO  THE
 COMMISSIONER.  THE DECISION OF THE COMMISSIONER SHALL BE FINAL AND BIND-
 ING ON ALL PARTIES.
   10. PHARMACEUTICAL AGENTS. OPTOMETRISTS WHO  HAVE  BEEN  APPROVED  AND
 CERTIFIED  BY  THE  DEPARTMENT  SHALL  BE PERMITTED TO USE THE FOLLOWING
 DRUGS:
   A. DIAGNOSTIC PHARMACEUTICALS.
   B. THOSE OPTOMETRISTS HAVING BEEN CERTIFIED  FOR  TOPICAL  THERAPEUTIC
 PHARMACEUTICAL  AGENTS  SHALL  BE  AUTHORIZED  TO  USE AND PRESCRIBE ALL
 TOPICAL THERAPEUTIC PHARMACEUTICAL AGENTS SPECIFIED IN  PARAGRAPH  E  OF
 SUBDIVISION ONE OF THIS SECTION, WHICH ARE FDA APPROVED AND COMMERCIALLY
 AVAILABLE FOR TOPICAL USE.
   IN THE EVENT AN OPTOMETRIST TREATS A PATIENT WITH TOPICAL ANTIVIRAL OR
 STEROIDAL  DRUGS  AND THE PATIENT'S CONDITION EITHER FAILS TO IMPROVE OR
 WORSENS WITHIN FIVE DAYS,  THE  OPTOMETRIST  SHALL  NOTIFY  A  PHYSICIAN
 DESIGNATED BY THE PATIENT OR, IF NONE, BY THE TREATING OPTOMETRIST.
   C. THOSE OPTOMETRISTS HAVING BEEN CERTIFIED FOR THERAPEUTIC PHARMACEU-
 TICAL  AGENTS FOR TREATMENT OF GLAUCOMA AND OCULAR HYPERTENSION SHALL BE
 AUTHORIZED TO USE AND PRESCRIBE THERAPEUTIC  PHARMACEUTICAL  AGENTS  FOR
 TREATMENT  OF  GLAUCOMA AND OCULAR HYPERTENSION SPECIFIED IN PARAGRAPH F
 OF SUBDIVISION ONE OF THIS SECTION, WHICH ARE FDA APPROVED  AND  COMMER-
 CIALLY AVAILABLE.
   D. THOSE OPTOMETRISTS HAVING BEEN CERTIFIED FOR ORAL THERAPEUTIC PHAR-
 MACEUTICAL  AGENTS  SHALL BE AUTHORIZED TO USE AND PRESCRIBE ORAL THERA-
 PEUTIC PHARMACEUTICAL AGENTS SPECIFIED IN PARAGRAPH G OF SUBDIVISION ONE
 OF THIS SECTION, WHICH ARE FDA APPROVED AND COMMERCIALLY  AVAILABLE  AND
 SHALL  COMPLY  WITH  ALL  SAFETY INFORMATION AND SIDE-EFFECT AND WARNING
 ADVISORIES CONTAINED IN THE MOST CURRENT PHYSICIANS' DESK REFERENCE.
 S. 4007                            394                           A. 3007

   E. THOSE OPTOMETRISTS HAVING BEEN CERTIFIED  FOR  TOPICAL  THERAPEUTIC
 PHARMACEUTICAL  AGENTS,  THERAPEUTIC PHARMACEUTICAL AGENTS FOR TREATMENT
 OF GLAUCOMA AND OCULAR HYPERTENSION OR ORAL  THERAPEUTIC  PHARMACEUTICAL
 AGENTS  SHALL  BE  AUTHORIZED  TO  USE AND RECOMMEND ALL NONPRESCRIPTION
 MEDICATIONS,  WHETHER  INTENDED FOR TOPICAL OR ORAL USE, APPROPRIATE FOR
 THE TREATMENT OF THE EYE AND ADNEXA.
   11. RESPONSIBILITIES OF THE COMMISSIONER. THE COMMISSIONER SHALL ADOPT
 REGULATIONS A. PROVIDING FOR THE CERTIFICATION OF GRADUATES OF AN APPRO-
 PRIATE PROGRAM APPROVED BY THE DEPARTMENT WHO HAVE  SUCCESSFULLY  PASSED
 THE  EXAMINATION ON THE USE OF DIAGNOSTIC AND THERAPEUTIC PHARMACEUTICAL
 AGENTS AND WHO HAVE GRADUATED  SUBSEQUENT  TO  JANUARY  FIRST,  NINETEEN
 HUNDRED  NINETY-THREE; AND B. PROVIDING FOR THE CERTIFICATION OF OPTOME-
 TRISTS WHO HAVE GRADUATED FROM OTHER ACCREDITED COLLEGES OF OPTOMETRY OR
 WHO ARE LICENSED TO PRACTICE IN OTHER JURISDICTIONS,  HAVE  DEMONSTRATED
 SUCH USE IN INDEPENDENTLY MANAGED PATIENTS AND ARE SEEKING LICENSURE AND
 CERTIFICATION IN NEW YORK.
   12.  RESPONSIBILITIES OF THE COMMISSIONER. THE COMMISSIONER MAY RECOM-
 MEND ADDITIONS OR DELETIONS TO THE DEPARTMENT'S REGULATIONS RELATING  TO
 OPTOMETRIC USE OF DRUGS EXCEPT THAT SUCH RECOMMENDATIONS SHALL BE LIMIT-
 ED  ONLY  TO  ADDITIONS  WHICH  HAVE BEEN DETERMINED TO BE EQUIVALENT TO
 THOSE DRUGS ALREADY AUTHORIZED OR DELETIONS BASED UPON  A  FINDING  THAT
 THE  DRUGS  ARE NO LONGER APPROPRIATE FOR THEIR CURRENT USE OR FOR OTHER
 SIMILAR REASONS.
   § 7102. PRACTICE OF OPTOMETRY AND USE OF TITLE "OPTOMETRIST".  ONLY  A
 PERSON  LICENSED  OR EXEMPT UNDER THIS TITLE SHALL PRACTICE OPTOMETRY OR
 USE THE TITLE "OPTOMETRIST".
   § 7103. STATE BOARD FOR OPTOMETRY. A STATE BOARD FOR  OPTOMETRY  SHALL
 BE  APPOINTED  BY  THE  COMMISSIONER  FOR  THE  PURPOSE OF ASSISTING THE
 DEPARTMENT ON MATTERS OF PROFESSIONAL LICENSING AND PROFESSIONAL CONDUCT
 IN ACCORDANCE WITH SECTION SIXTY-FIVE HUNDRED EIGHT OF THIS ARTICLE. THE
 BOARD SHALL BE COMPOSED OF NOT LESS THAN SEVEN  OPTOMETRISTS  WHO  SHALL
 HAVE  BEEN  RESIDENTS OF THIS STATE ENGAGED IN THE PRACTICE OF OPTOMETRY
 FOR AT LEAST FIVE YEARS IN THIS STATE. AN  EXECUTIVE  SECRETARY  TO  THE
 BOARD SHALL BE APPOINTED BY THE COMMISSIONER.
   §  7104.  REQUIREMENTS  FOR  A  PROFESSIONAL LICENSE. TO QUALIFY FOR A
 LICENSE AS AN OPTOMETRIST, AN  APPLICANT  SHALL  FULFILL  THE  FOLLOWING
 REQUIREMENTS:
   (1) APPLICATION: FILE AN APPLICATION WITH THE DEPARTMENT;
   (2)  EDUCATION:  HAVE  RECEIVED  AN  EDUCATION,  INCLUDING A DEGREE OF
 DOCTOR OF OPTOMETRY OR EQUIVALENT DEGREE, IN ACCORDANCE WITH THE COMMIS-
 SIONER'S REGULATIONS;
   (3) EXPERIENCE: HAVE EXPERIENCE  SATISFACTORY  TO  THE  BOARD  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) CITIZENSHIP: MEET NO REQUIREMENT AS TO UNITED STATES CITIZENSHIP;
   (7) CHARACTER: BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE DEPART-
 MENT; AND
   (8) FEES: PAY A FEE OF TWO HUNDRED TWENTY DOLLARS  TO  THE  DEPARTMENT
 FOR  ADMISSION  TO A DEPARTMENT CONDUCTED EXAMINATION AND FOR AN INITIAL
 LICENSE, A FEE OF ONE HUNDRED FIFTEEN DOLLARS FOR EACH REEXAMINATION,  A
 FEE  OF  ONE  HUNDRED  THIRTY-FIVE  DOLLARS  FOR  AN INITIAL LICENSE FOR
 PERSONS NOT REQUIRING ADMISSION TO A DEPARTMENT CONDUCTED EXAMINATION, A
 FEE OF TWO HUNDRED TEN DOLLARS FOR EACH TRIENNIAL  REGISTRATION  PERIOD,
 FOR  ADDITIONAL  AUTHORIZATION  FOR  THE PURPOSE OF UTILIZING DIAGNOSTIC
 S. 4007                            395                           A. 3007
 
 PHARMACEUTICAL AGENTS, A FEE OF SIXTY DOLLARS, AND FOR CERTIFICATION  TO
 USE  OR  PRESCRIBE  ORAL THERAPEUTIC PHARMACEUTICAL AGENTS, A FEE OF TWO
 HUNDRED FIFTY DOLLARS.
   §  7105.  EXEMPT  PERSONS. NOTHING IN THIS TITLE SHALL BE CONSTRUED TO
 AFFECT OR PREVENT:
   1. A STUDENT FROM ENGAGING IN CLINICAL PRACTICE UNDER SUPERVISION OF A
 LICENSED OPTOMETRIST OR PHYSICIAN IN A SCHOOL OF OPTOMETRY IN THIS STATE
 REGISTERED BY THE DEPARTMENT; OR
   2. A PERSON  LICENSED  TO  PRACTICE  OPTOMETRY  FROM  USING  A  DEGREE
 CONFERRED  IN  COURSE AFTER RESIDENT STUDY BY AN EDUCATIONAL INSTITUTION
 LAWFULLY AUTHORIZED BY THE STATE IN WHICH IT IS LOCATED TO CONFER SUCH A
 DEGREE.
   3. AN OPTOMETRIST LICENSED IN ANOTHER STATE OR COUNTRY WHO IS EMPLOYED
 ON A FULL-TIME BASIS BY A REGISTERED SCHOOL OF OPTOMETRY  AS  A  FACULTY
 MEMBER  WITH  THE  RANK OF ASSISTANT PROFESSOR OR HIGHER FROM CONDUCTING
 RESEARCH AND CLINICAL DEMONSTRATIONS AS PART OF SUCH  EMPLOYMENT,  UNDER
 THE  SUPERVISION  OF  A  LICENSED OPTOMETRIST AND ON THE PREMISES OF THE
 SCHOOL.  NO FEE MAY BE CHARGED FOR THE PRACTICE OF OPTOMETRY  AUTHORIZED
 BY THIS SUBDIVISION.
   4.  A. A PERSON IN TRAINING OR APPROPRIATELY TRAINED AND DEEMED QUALI-
 FIED BY THE SUPERVISING LICENSED OPTOMETRIST, TO ASSIST A LICENSED OPTO-
 METRIST IN THE CARE OF A PATIENT FOR THE PURPOSE OF INSTILLING MYDRIATIC
 OR CYCLOPLEGIC EYE DROPS AND ANESTHETIC EYE DROPS  IN  CONJUNCTION  WITH
 SUCH  DILATING  DROPS  TO  THE SURFACE OF THE EYE OF A PATIENT, PROVIDED
 THAT THE PERSON INSTILLING SUCH EYE DROPS IS:
   (I) UNDER THE ON-SITE SUPERVISION OF A  SUPERVISING  LICENSED  OPTOME-
 TRIST;
   (II) AT LEAST EIGHTEEN YEARS OF AGE; AND
   (III) COMPLIES WITH STANDARDS ISSUED BY THE DEPARTMENT.
   B. THE SUPERVISING LICENSED OPTOMETRIST SHALL SUBMIT A FORM PRESCRIBED
 BY  THE  DEPARTMENT,  DETAILING  THE  IDENTITY OF EACH PERSON INSTILLING
 MYDRIATIC OR CYCLOPLEGIC EYE DROPS AND ANESTHETIC EYE DROPS IN  CONJUNC-
 TION  WITH  SUCH  DILATING DROPS TO THE SURFACE OF THE EYE OF A PATIENT,
 UNDER HIS OR HER SUPERVISION, ATTESTING TO  COMPLIANCE  WITH  THE  ABOVE
 REQUIREMENTS.
   C.  THE  SUPERVISING  LICENSED  OPTOMETRIST'S  USE  OF ANY SUCH PERSON
 PURSUANT TO THE TERMS OF  THIS  SUBDIVISION  SHALL  BE  UNDERTAKEN  WITH
 PROFESSIONAL  JUDGMENT  IN  ORDER TO ENSURE THE SAFETY AND WELL-BEING OF
 THE PATIENT.  SUCH USE SHALL SUBJECT THE  LICENSED  OPTOMETRIST  TO  THE
 FULL DISCIPLINARY AND REGULATORY AUTHORITY OF THE DEPARTMENT PURSUANT TO
 THIS  TITLE.  THE  LICENSED  OPTOMETRIST  MUST NOTIFY THE PATIENT OR THE
 PATIENT'S DESIGNATED HEALTH CARE SURROGATE THAT THE LICENSED OPTOMETRIST
 MAY UTILIZE THE SERVICES OF AN  INDIVIDUAL  TO  ADMINISTER  CERTAIN  EYE
 DROPS  AND  MUST  PROVIDE THE PATIENT OR THE PATIENT'S DESIGNATED HEALTH
 CARE SURROGATE THE OPPORTUNITY TO REFUSE THE LICENSED OPTOMETRIST'S PLAN
 TO UTILIZE SUCH PERSON.
   § 7106. SPECIAL PROVISIONS. 1. THE TESTIMONY AND REPORTS OF A LICENSED
 OPTOMETRIST SHALL BE RECEIVED BY  ANY  OFFICIAL,  BOARD,  COMMISSION  OR
 OTHER  AGENCY  OF  THE  STATE  OR  OF ANY OF ITS SUBDIVISIONS OR MUNICI-
 PALITIES AS QUALIFIED EVIDENCE WITH RESPECT TO  ANY  MATTER  DEFINED  IN
 SECTION  SEVENTY-ONE  HUNDRED ONE OF THIS TITLE; AND NO OFFICIAL, BOARD,
 COMMISSION, OR OTHER AGENCY OF THE STATE OR ANY OF ITS  SUBDIVISIONS  OR
 MUNICIPALITIES  SHALL  DISCRIMINATE AMONG THE PRACTITIONERS OF OPTOMETRY
 AND ANY OTHER OCULAR PRACTITIONERS.
   2. EYEGLASSES OR LENSES FOR THE CORRECTION OF VISION OR NON-CORRECTIVE
 CONTACT LENSES MAY BE SOLD BY ANY PERSON, FIRM OR CORPORATION AT RETAIL,
 S. 4007                            396                           A. 3007
 
 ONLY ON PRESCRIPTION OF A LICENSED PHYSICIAN OR LICENSED OPTOMETRIST AND
 ONLY IF A LICENSED PHYSICIAN, OPTOMETRIST OR OPHTHALMIC DISPENSER IS  IN
 CHARGE  OF  AND  IN PERSONAL ATTENDANCE AT THE PLACE OF SALE. THIS TITLE
 SHALL  NOT  APPLY  TO  BINOCULARS,  TELESCOPES, OR OTHER LENSES USED FOR
 SIMPLE MAGNIFICATION; EXCEPT, THAT A SELLER OF  NON-PRESCRIPTION  READY-
 TO-WEAR  MAGNIFYING  SPECTACLES  OR  GLASSES  SHALL  HAVE  THE FOLLOWING
 LANGUAGE ATTACHED TO EACH PAIR OF GLASSES  OR  SPECTACLES  DISPLAYED  OR
 OFFERED FOR SALE AND IN AT LEAST TEN POINT BOLD TYPE PERMANENTLY AFFIXED
 IN PLAIN VIEW TO THE TOP OF ANY POINT OF SALE DISPLAY OR, IF THERE IS NO
 DISPLAY, IN THE AREA OF SALE: "ATTENTION; READY-TO-WEAR NON-PRESCRIPTION
 GLASSES  ARE  NOT  INTENDED  TO  REPLACE PRESCRIBED CORRECTIVE LENSES OR
 EXAMINATIONS BY AN EYE CARE PROFESSIONAL. CONTINUOUS EYE  CHECK-UPS  ARE
 NECESSARY TO DETERMINE YOUR EYE HEALTH STATUS AND VISION NEEDS." AS USED
 IN  THIS SUBDIVISION "NON-PRESCRIPTION, READY TO WEAR MAGNIFYING SPECTA-
 CLES OR GLASSES" MEANS SPHERICAL CONVEX LENSES, UNIFORM IN EACH  MERIDI-
 AN,  WHICH ARE ENCASED IN EYEGLASS FRAMES AND INTENDED TO AMELIORATE THE
 SYMPTOMS OF PRESBYOPIA. THE LENSES IN SUCH GLASSES SHALL BE  OF  UNIFORM
 FOCUS POWER IN EACH EYE AND SHALL NOT EXCEED 2.75 DIOPTERS.
   3.  IT SHALL BE A CLASS A MISDEMEANOR TO PRACTICE ANY FRAUD, DECEIT OR
 MISREPRESENTATION IN ANY ADVERTISING RELATED TO OPTOMETRIC SERVICES.
   § 7107. ADVERTISING OF NON-PRESCRIPTION READY-TO-WEAR MAGNIFYING SPEC-
 TACLES OR GLASSES. 1. ANY PRINTED ADVERTISING FOR NON-PRESCRIPTION READ-
 Y-TO-WEAR MAGNIFYING SPECTACLES OR GLASSES TO BE SOLD THROUGH  THE  MAIL
 ALSO  SHALL  INCLUDE  THE STATEMENT, "ATTENTION; READY-TO-WEAR NON-PRES-
 CRIPTION GLASSES ARE NOT INTENDED TO REPLACE PRESCRIBED CORRECTIVE LENS-
 ES OR  EXAMINATIONS  BY  AN  EYE  CARE  PROFESSIONAL.    CONTINUOUS  EYE
 CHECK-UPS  ARE  NECESSARY TO DETERMINE YOUR EYE HEALTH STATUS AND VISION
 NEEDS." AS USED IN THIS SECTION, "NON-PRESCRIPTION, READY TO WEAR MAGNI-
 FYING SPECTACLES OR GLASSES" MEANS SPHERICAL CONVEX LENSES,  UNIFORM  IN
 EACH  MERIDIAN,  WHICH  ARE  ENCASED  IN EYEGLASS FRAMES AND INTENDED TO
 AMELIORATE THE SYMPTOMS OF PRESBYOPIA. THE LENSES IN SUCH GLASSES  SHALL
 BE  OF  UNIFORM  FOCUS POWER IN EACH EYE AND SHALL NOT EXCEED 2.75 DIOP-
 TERS.
   2. ANY PERSON, HIS OR HER AGENT OR  EMPLOYEE  WHO  SHALL  VIOLATE  ANY
 PROVISION  OF  THIS  SECTION  SHALL BE SUBJECT TO A CIVIL PENALTY OF NOT
 LESS THAN TWENTY-FIVE DOLLARS NOR MORE THAN TWO  HUNDRED  FIFTY  DOLLARS
 FOR  EACH VIOLATION. FOR PURPOSES OF THIS SECTION, THE SALE OR OFFER FOR
 SALE OF EACH PAIR OF NON-PRESCRIPTION READY-TO-WEAR  MAGNIFYING  SPECTA-
 CLES  OR  GLASSES WHICH FAIL TO MEET THE STANDARDS OF THIS SECTION SHALL
 CONSTITUTE A VIOLATION.
 
                                 TITLE 16
                           OPHTHALMIC DISPENSING
 
 SECTION 7120. INTRODUCTION.
         7121. DEFINITION OF PRACTICE OF OPHTHALMIC DISPENSING.
         7122. PRACTICE  OF  OPHTHALMIC  DISPENSING  AND  USE  OF   TITLE
                 "OPHTHALMIC DISPENSER" OR "OPTICIAN".
         7123. STATE BOARD FOR OPHTHALMIC DISPENSING.
         7124. REQUIREMENTS FOR A PROFESSIONAL LICENSE.
         7125. EXEMPTIONS.
         7126. SPECIAL PROVISIONS.
         7127. ADVERTISING  OF  NON-PRESCRIPTION READY-TO-WEAR MAGNIFYING
                 SPECTACLES OR GLASSES.
         7128. MANDATORY CONTINUING EDUCATION.
 S. 4007                            397                           A. 3007
 
   § 7120. INTRODUCTION. THIS TITLE SHALL  APPLY  TO  THE  PROFESSION  OF
 OPHTHALMIC  DISPENSING.  THE  GENERAL  PROVISIONS  FOR  ALL  PROFESSIONS
 CONTAINED IN TITLE ONE OF THIS ARTICLE SHALL APPLY TO THIS TITLE.
   §  7121. DEFINITION OF PRACTICE OF OPHTHALMIC DISPENSING. THE PRACTICE
 OF THE PROFESSION OF "OPHTHALMIC DISPENSING", FOR THE PURPOSES  OF  THIS
 CHAPTER,  IS  DEFINED AS ADAPTING AND FITTING LENSES, FOR THE CORRECTION
 OF DEFICIENCIES, DEFORMITIES, OR ANOMALIES, OF THE HUMAN EYES, OR ADAPT-
 ING AND FITTING NON-CORRECTIVE CONTACT LENSES, ON WRITTEN  PRESCRIPTIONS
 FROM  A LICENSED PHYSICIAN OR OPTOMETRIST. REPLACEMENTS OR DUPLICATES OF
 SUCH LENSES MAY BE ADAPTED AND DISPENSED WITHOUT  PRESCRIPTION.  CONTACT
 LENSES  MAY BE FITTED BY AN OPHTHALMIC DISPENSER ONLY UNDER THE PERSONAL
 SUPERVISION OF A LICENSED PHYSICIAN OR OPTOMETRIST.
   § 7122. PRACTICE OF OPHTHALMIC DISPENSING AND USE OF TITLE "OPHTHALMIC
 DISPENSER" OR "OPTICIAN". ONLY A PERSON LICENSED OR  EXEMPT  UNDER  THIS
 TITLE  OR A CORPORATION, PARTNERSHIP, OR PERSONS DOING BUSINESS UNDER AN
 ASSUMED NAME AND EITHER COMPOSED OF LICENSED  OPHTHALMIC  DISPENSERS  OR
 EMPLOYING  LICENSED  OPHTHALMIC  DISPENSERS  SHALL  PRACTICE  OPHTHALMIC
 DISPENSING OR USE THE TITLE "OPHTHALMIC DISPENSER", "OPTICIAN", "OPTICAL
 TECHNICIAN", "DISPENSING OPTICIAN", OR "OPTICAL DISPENSER".
   § 7123. STATE BOARD FOR  OPHTHALMIC  DISPENSING.  A  STATE  BOARD  FOR
 OPHTHALMIC  DISPENSING  SHALL  BE  APPOINTED BY THE COMMISSIONER FOR THE
 PURPOSE OF ASSISTING THE DEPARTMENT ON MATTERS OF PROFESSIONAL LICENSING
 AND PROFESSIONAL CONDUCT IN ACCORDANCE WITH SECTION  SIXTY-FIVE  HUNDRED
 EIGHT  OF  THIS  ARTICLE.  SUCH BOARD SHALL BE COMPOSED OF NOT LESS THAN
 SEVEN LICENSED OPHTHALMIC DISPENSERS WHO SHALL HAVE  BEEN  RESIDENTS  OF
 THIS STATE ENGAGED IN THE PRACTICE OF OPHTHALMIC DISPENSING FOR AT LEAST
 FIVE  YEARS IN THIS STATE. AN EXECUTIVE SECRETARY TO SUCH BOARD SHALL BE
 APPOINTED BY THE COMMISSIONER. AS USED IN  THIS  TITLE,  THE  TERM  "THE
 BOARD"  SHALL  MEAN  THE STATE BOARD FOR OPHTHALMIC DISPENSING APPOINTED
 PURSUANT TO THIS SECTION.
   § 7124. REQUIREMENTS FOR A PROFESSIONAL LICENSE.  1. TO QUALIFY FOR  A
 LICENSE  AS  AN  OPHTHALMIC  DISPENSER,  AN  APPLICANT SHALL FULFILL THE
 FOLLOWING REQUIREMENTS:
   A. APPLICATION: FILE AN APPLICATION WITH THE DEPARTMENT;
   B. EDUCATION: HAVE RECEIVED AN EDUCATION, INCLUDING HIGH SCHOOL GRADU-
 ATION AND COMPLETION, IN ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS,
 OF EITHER (I) A TWO-YEAR PROGRAM IN OPHTHALMIC DISPENSING; OR  (II)  TWO
 YEARS  OF  TRAINING  AND  EXPERIENCE  IN OPHTHALMIC DISPENSING UNDER THE
 SUPERVISION OF A LICENSED OPHTHALMIC DISPENSER, OPTOMETRIST,  OR  PHYSI-
 CIAN;
   C.  EXPERIENCE:  HAVE  EXPERIENCE  SATISFACTORY  TO  THE  BOARD AND IN
 ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS;
   D. EXAMINATION: PASS AN EXAMINATION SATISFACTORY TO THE BOARD  AND  IN
 ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS;
   E. AGE: BE AT LEAST EIGHTEEN YEARS OF AGE;
   F. CITIZENSHIP: MEET NO REQUIREMENT AS TO UNITED STATES CITIZENSHIP;
   G.  CHARACTER: BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE DEPART-
 MENT; AND
   H. FEES: PAY A FEE OF ONE HUNDRED FIFTEEN DOLLARS  TO  THE  DEPARTMENT
 FOR  ADMISSION  TO A DEPARTMENT-CONDUCTED EXAMINATION AND FOR AN INITIAL
 LICENSE, A FEE OF FORTY-FIVE DOLLARS FOR EACH REEXAMINATION,  A  FEE  OF
 FIFTY DOLLARS FOR AN INITIAL LICENSE FOR PERSONS NOT REQUIRING ADMISSION
 TO  A  DEPARTMENT  CONDUCTED EXAMINATION, AND A FEE OF FIFTY DOLLARS FOR
 EACH TRIENNIAL REGISTRATION PERIOD.
   2. A PERSON LICENSED AFTER JULY FIRST, NINETEEN HUNDRED  SEVENTY-THREE
 SHALL  BE PERMITTED TO FIT CONTACT LENSES ONLY IF THE LICENSEE, IN ADDI-
 S. 4007                            398                           A. 3007
 
 TION TO THE REQUIREMENTS OF SUBDIVISION A OF  THIS  SECTION,  SHALL  (1)
 PASS  A SEPARATE EXAMINATION SATISFACTORY TO THE BOARD AND IN ACCORDANCE
 WITH THE COMMISSIONER'S REGULATIONS; AND (2) HAVE THE REQUISITE  EXPERI-
 ENCE  IN  THE FITTING OF CONTACT LENSES SATISFACTORY TO THE BOARD AND IN
 ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS.
   § 7125. EXEMPTIONS. NOTHING IN THIS TITLE SHALL BE CONSTRUED TO AFFECT
 OR PREVENT:
   1. AN UNLICENSED PERSON FROM PERFORMING MERELY  MECHANICAL  WORK  UPON
 INERT MATTER IN AN OPTICAL OFFICE, LABORATORY, OR SHOP;
   2. A STUDENT FROM ENGAGING IN CLINICAL PRACTICE, UNDER THE SUPERVISION
 OF  A LICENSED OPHTHALMIC DISPENSER OR LICENSED OPTOMETRIST, OR LICENSED
 PHYSICIAN, IN AN OPHTHALMIC DISPENSING SCHOOL OR COLLEGE  REGISTERED  BY
 THE DEPARTMENT; OR
   3.  THE  DEPARTMENT  FROM ISSUING A LIMITED PERMIT TO AN APPLICANT WHO
 MEETS ALL  REQUIREMENTS  FOR  ADMISSION  TO  THE  LICENSING  EXAMINATION
 REQUIRED  UNDER  SECTION  SEVENTY-ONE HUNDRED TWENTY-FOUR OF THIS TITLE,
 PROVIDED, HOWEVER, THAT:
   A. PRACTICE UNDER A LIMITED PERMIT SHALL BE UNDER THE SUPERVISION OF A
 LICENSED PHYSICIAN, OPTOMETRIST OR OPHTHALMIC DISPENSER.
   B. A LIMITED PERMIT SHALL EXPIRE AFTER TWO YEARS, OR  UPON  NOTICE  TO
 THE APPLICANT THAT THE APPLICATION FOR LICENSURE HAS BEEN DENIED, OR TEN
 DAYS  AFTER NOTIFICATION TO THE APPLICANT OF FAILURE ON THE PROFESSIONAL
 LICENSING EXAMINATION, WHICHEVER SHALL FIRST OCCUR.  NOTWITHSTANDING THE
 FOREGOING PROVISIONS OF THIS SUBDIVISION, IF THE  APPLICANT  IS  WAITING
 FOR  THE  RESULT  OF  A  LICENSING  EXAMINATION AT THE TIME SUCH LIMITED
 PERMIT EXPIRES, SUCH PERMIT SHALL CONTINUE TO BE VALID  UNTIL  TEN  DAYS
 AFTER  NOTIFICATION TO THE APPLICANT OF THE RESULTS OF SUCH EXAMINATION.
 A LIMITED PERMIT WHICH HAS NOT EXPIRED AS A RESULT OF NOTICE  OF  DENIAL
 OF  LICENSURE  OR OF FAILURE ON THE LICENSING EXAMINATION MAY BE RENEWED
 FOR A PERIOD OF NOT MORE THAN ONE ADDITIONAL YEAR, UPON A SHOWING SATIS-
 FACTORY TO THE DEPARTMENT THAT THE APPLICANT COULD NOT OBTAIN A  LICENSE
 WITHIN TWO YEARS.
   C. SUPERVISION OF A PERMITTEE BY A LICENSED PHYSICIAN, OPTOMETRIST, OR
 OPHTHALMIC  DISPENSER  SHALL  BE ON-SITE SUPERVISION BUT NOT NECESSARILY
 DIRECT PERSONAL SUPERVISION.
   D. THE FEE FOR EACH LIMITED PERMIT AND FOR EACH RENEWAL SHALL BE THIR-
 TY-FIVE DOLLARS.  THE FEE FOR ISSUANCE OF A  TRAINING  PERMIT  SHALL  BE
 THIRTY DOLLARS.
   § 7126. SPECIAL PROVISIONS. 1. EYEGLASSES OR LENSES FOR THE CORRECTION
 OF  VISION  OR  NON-CORRECTIVE CONTACT LENSES MAY BE SOLD BY ANY PERSON,
 FIRM OR CORPORATION AT RETAIL, ONLY ON PRESCRIPTION OF A LICENSED PHYSI-
 CIAN OR LICENSED OPTOMETRIST AND ONLY IF A LICENSED  PHYSICIAN,  OPTOME-
 TRIST,  OR  OPHTHALMIC DISPENSER IS IN CHARGE OF AND IN PERSONAL ATTEND-
 ANCE AT  THE  PLACE  OF  SUCH  SALE.  THIS  TITLE  SHALL  NOT  APPLY  TO
 BINOCULARS,  TELESCOPES,  OR OTHER LENSES USED FOR SIMPLE MAGNIFICATION,
 EXCEPT THAT A SELLER OF NON-PRESCRIPTION READY-TO-WEAR MAGNIFYING  SPEC-
 TACLES  OR  GLASSES  SHALL  HAVE THE FOLLOWING LANGUAGE ATTACHED TO EACH
 PAIR OF GLASSES OR SPECTACLES DISPLAYED OR OFFERED FOR SALE  AND  IN  AT
 LEAST  TEN-POINT  BOLD TYPE PERMANENTLY AFFIXED IN PLAIN VIEW TO THE TOP
 OF ANY POINT OF SALE DISPLAY, OR, IF THERE IS NO DISPLAY, IN THE AREA OF
 SALE:  "ATTENTION:  READY-TO-WEAR  NON-PRESCRIPTION  GLASSES   ARE   NOT
 INTENDED  TO  REPLACE PRESCRIBED CORRECTIVE LENSES OR EXAMINATIONS BY AN
 EYE CARE PROFESSIONAL. CONTINUOUS EYE CHECK-UPS ARE NECESSARY TO  DETER-
 MINE  YOUR EYE HEALTH STATUS AND VISION NEEDS." AS USED IN THIS SUBDIVI-
 SION, "NON-PRESCRIPTION, READY-TO-WEAR MAGNIFYING SPECTACLES OR GLASSES"
 MEANS SPHERICAL CONVEX LENSES,  UNIFORM  IN  EACH  MERIDIAN,  WHICH  ARE
 S. 4007                            399                           A. 3007

 ENCASED  IN  EYEGLASS  FRAMES AND INTENDED TO AMELIORATE THE SYMPTOMS OF
 PRESBYOPIA. THE LENSES IN SUCH GLASSES SHALL BE OF UNIFORM  FOCUS  POWER
 IN EACH EYE AND SHALL NOT EXCEED 2.75 DIOPTERS.
   2.  IT SHALL BE A CLASS A MISDEMEANOR TO PRACTICE ANY FRAUD, DECEIT OR
 MISREPRESENTATION IN ANY ADVERTISING RELATED TO OPHTHALMIC DISPENSING.
   § 7127. ADVERTISING OF NON-PRESCRIPTION READY-TO-WEAR MAGNIFYING SPEC-
 TACLES OR GLASSES. 1. ANY PRINTED ADVERTISING FOR NON-PRESCRIPTION READ-
 Y-TO-WEAR MAGNIFYING SPECTACLES OR GLASSES TO BE SOLD THROUGH  THE  MAIL
 SHALL INCLUDE THE STATEMENT:  "ATTENTION: READY-TO-WEAR NON-PRESCRIPTION
 GLASSES  ARE  NOT  INTENDED  TO  REPLACE PRESCRIBED CORRECTIVE LENSES OR
 EXAMINATIONS BY AN EYE CARE PROFESSIONAL. CONTINUOUS EYE  CHECK-UPS  ARE
 NECESSARY TO DETERMINE YOUR EYE HEALTH STATUS AND VISION NEEDS." AS USED
 IN  THIS SECTION, "NON-PRESCRIPTION, READY-TO-WEAR MAGNIFYING SPECTACLES
 OR GLASSES" MEANS SPHERICAL CONVEX LENSES,  UNIFORM  IN  EACH  MERIDIAN,
 WHICH  ARE  ENCASED  IN  EYEGLASS  FRAMES AND INTENDED TO AMELIORATE THE
 SYMPTOMS OF PRESBYOPIA. THE LENSES IN SUCH GLASSES SHALL BE  OF  UNIFORM
 FOCUS POWER IN EACH EYE AND SHALL NOT EXCEED 2.75 DIOPTERS.
   2.  ANY  PERSON  OR  HIS  OR  HER  AGENT  OR EMPLOYEE WHO VIOLATES ANY
 PROVISION OF THIS SECTION SHALL BE SUBJECT TO A  CIVIL  PENALTY  OF  NOT
 LESS  THAN  TWENTY-FIVE  DOLLARS NOR MORE THAN TWO HUNDRED FIFTY DOLLARS
 FOR EACH SUCH VIOLATION. FOR PURPOSES OF THIS SECTION, THE SALE OR OFFER
 FOR SALE OF EACH PAIR OF NON-PRESCRIPTION READY-TO-WEAR MAGNIFYING SPEC-
 TACLES OR GLASSES THAT FAIL TO MEET THE STANDARDS OF THIS SECTION  SHALL
 CONSTITUTE A VIOLATION OF THIS SECTION.
   § 7128. MANDATORY CONTINUING EDUCATION. 1. A. EACH LICENSED OPHTHALMIC
 DISPENSER  REQUIRED  UNDER  THIS  TITLE TO REGISTER TRIENNIALLY WITH THE
 DEPARTMENT TO PRACTICE IN THE STATE SHALL COMPLY WITH THE PROVISIONS  OF
 THE  MANDATORY  CONTINUING EDUCATION REQUIREMENTS PRESCRIBED IN SUBDIVI-
 SION TWO OF THIS SECTION, EXCEPT AS OTHERWISE SET FORTH IN PARAGRAPHS  A
 AND C OF THIS SUBDIVISION. OPHTHALMIC DISPENSERS WHO DO NOT SATISFY SUCH
 MANDATORY  CONTINUING  EDUCATION  REQUIREMENTS  SHALL NOT PRACTICE UNTIL
 THEY HAVE MET SUCH REQUIREMENTS, AND THEY HAVE BEEN ISSUED  A  REGISTRA-
 TION CERTIFICATE, EXCEPT THAT AN OPHTHALMIC DISPENSER MAY PRACTICE WITH-
 OUT  HAVING  MET  SUCH REQUIREMENTS IF HE OR SHE IS ISSUED A CONDITIONAL
 REGISTRATION CERTIFICATE PURSUANT TO SUBDIVISION THREE OF THIS SECTION.
   B. OPHTHALMIC DISPENSERS 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,
 ADJUSTMENT  TO  THE  MANDATORY  CONTINUING  EDUCATION REQUIREMENT 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 OPHTHALMIC DISPENSER NOT ENGAGED IN PRACTICE, AS  DETER-
 MINED  BY  THE DEPARTMENT, SHALL BE EXEMPT FROM THE MANDATORY CONTINUING
 EDUCATION REQUIREMENT UPON THE FILING OF A STATEMENT WITH THE DEPARTMENT
 DECLARING SUCH STATUS. ANY LICENSEE  WHO  RETURNS  TO  THE  PRACTICE  OF
 OPHTHALMIC  DISPENSING  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 REGU-
 LATIONS OF THE COMMISSIONER.
   2. DURING EACH TRIENNIAL REGISTRATION PERIOD AN APPLICANT  FOR  REGIS-
 TRATION  AS AN OPHTHALMIC DISPENSER SHALL COMPLETE A MINIMUM OF EIGHTEEN
 HOURS OF ACCEPTABLE FORMAL CONTINUING EDUCATION, AS SPECIFIED IN  SUBDI-
 VISION  FOUR OF THIS SECTION; PROVIDED THAT THREE HOURS MAY BE IN RECOG-
 NIZED AREAS OF STUDY PERTINENT TO THE DISPENSING AND FITTING OF  CONTACT
 S. 4007                            400                           A. 3007
 
 LENSES.  DURING  EACH  TRIENNIAL  REGISTRATION  PERIOD  AN APPLICANT FOR
 REGISTRATION AS AN OPHTHALMIC DISPENSER AND  CERTIFIED  TO  FIT  CONTACT
 LENSES  SHALL  COMPLETE  TWENTY  HOURS  OF  ACCEPTABLE FORMAL CONTINUING
 EDUCATION,  AS  SPECIFIED  IN SUBDIVISION FOUR OF THIS SECTION; PROVIDED
 THAT TEN HOURS SHALL BE IN RECOGNIZED AREAS OF STUDY  PERTINENT  TO  THE
 DISPENSING AND FITTING OF CONTACT LENSES. ANY OPHTHALMIC DISPENSER WHOSE
 FIRST  REGISTRATION  DATE  FOLLOWING  THE EFFECTIVE DATE OF THIS SECTION
 OCCURS LESS THAN THREE YEARS FROM SUCH EFFECTIVE DATE, BUT ON  OR  AFTER
 JANUARY  FIRST,  NINETEEN HUNDRED NINETY-NINE, SHALL COMPLETE CONTINUING
 EDUCATION HOURS ON A PRORATED BASIS AT THE RATE  OF  ONE-HALF  HOUR  PER
 MONTH  FOR  THE PERIOD BEGINNING JANUARY FIRST, NINETEEN HUNDRED NINETY-
 EIGHT UP TO THE FIRST REGISTRATION DATE THEREAFTER. A LICENSEE  WHO  HAS
 NOT  SATISFIED THE MANDATORY CONTINUING EDUCATION REQUIREMENTS SHALL NOT
 BE ISSUED A TRIENNIAL REGISTRATION CERTIFICATE  BY  THE  DEPARTMENT  AND
 SHALL  NOT  PRACTICE UNLESS AND UNTIL A CONDITIONAL REGISTRATION CERTIF-
 ICATE IS ISSUED AS PROVIDED FOR IN SUBDIVISION THREE  OF  THIS  SECTION.
 CONTINUING  EDUCATION HOURS TAKEN DURING ONE TRIENNIUM MAY NOT BE TRANS-
 FERRED 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 COMPLETE 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
 SUBMIT  EVIDENCE, SATISFACTORY TO THE DEPARTMENT, OF REQUIRED CONTINUING
 EDUCATION AND WHO PRACTICES WITHOUT SUCH REGISTRATION, MAY BE SUBJECT TO
 DISCIPLINARY PROCEEDINGS PURSUANT TO SECTION SIXTY-FIVE HUNDRED  TEN  OF
 THIS ARTICLE.
   4.  AS  USED  IN  SUBDIVISION  TWO OF THIS SECTION, "ACCEPTABLE FORMAL
 EDUCATION" SHALL MEAN FORMAL COURSES OF  LEARNING  WHICH  CONTRIBUTE  TO
 PROFESSIONAL PRACTICE IN OPHTHALMIC DISPENSING AND WHICH MEET THE STAND-
 ARDS PRESCRIBED BY REGULATIONS OF THE COMMISSIONER.  SUCH FORMAL COURSES
 OF LEARNING SHALL INCLUDE, BUT NOT BE LIMITED TO, COLLEGIATE LEVEL CRED-
 IT AND NON-CREDIT COURSES. PROFESSIONAL DEVELOPMENT PROGRAMS AND TECHNI-
 CAL  SESSIONS OFFERED BY NATIONAL, STATE, AND LOCAL PROFESSIONAL ASSOCI-
 ATIONS AND OTHER ORGANIZATIONS ACCEPTABLE TO  THE  DEPARTMENT,  AND  ANY
 OTHER  ORGANIZED  EDUCATIONAL  AND  TECHNICAL PROGRAMS ACCEPTABLE TO THE
 DEPARTMENT. THE DEPARTMENT, IN ITS DISCRETION AND AS NEEDED TO  CONTRIB-
 UTE  TO THE HEALTH AND WELFARE OF THE PUBLIC, MAY REQUIRE THE COMPLETION
 OF CONTINUING EDUCATION COURSES IN SPECIFIC  SUBJECTS  TO  FULFILL  SUCH
 MANDATORY  CONTINUING EDUCATION REQUIREMENT.  COURSES MUST BE TAKEN FROM
 A SPONSOR APPROVED BY THE DEPARTMENT, PURSUANT TO THE REGULATIONS OF THE
 COMMISSIONER.
   5. OPHTHALMIC DISPENSERS  SHALL  MAINTAIN  ADEQUATE  DOCUMENTATION  OF
 COMPLETION  OF  ACCEPTABLE FORMAL CONTINUING EDUCATION AND SHALL PROVIDE
 SUCH DOCUMENTATION AT THE REQUEST OF THE DEPARTMENT. FAILURE TO  PROVIDE
 SUCH DOCUMENTATION UPON THE REQUEST OF THE DEPARTMENT SHALL BE AN ACT OF
 MISCONDUCT  SUBJECT  TO  DISCIPLINARY  PROCEEDINGS  PURSUANT  TO SECTION
 SIXTY-FIVE HUNDRED TEN OF THIS ARTICLE.
   6. THE MANDATORY CONTINUING EDUCATION FEE SHALL BE FORTY-FIVE DOLLARS,
 SHALL BE PAYABLE ON OR BEFORE THE FIRST DAY OF EACH TRIENNIAL  REGISTRA-
 TION PERIOD, AND SHALL BE PAID IN ADDITION TO THE TRIENNIAL REGISTRATION
 FEE REQUIRED BY SECTION SEVENTY-ONE HUNDRED TWENTY-FOUR OF THIS TITLE.
 S. 4007                            401                           A. 3007
 
                                 TITLE 17
                                PSYCHOLOGY
 SECTION 7600.   INTRODUCTION.
         7601.   PRACTICE  OF  PSYCHOLOGY  AND USE OF THE TITLE "PSYCHOL-
                 OGIST".
         7601-A. DEFINITION OF THE PRACTICE OF PSYCHOLOGY.
         7602.   STATE BOARD FOR PSYCHOLOGY.
         7603.   REQUIREMENTS FOR A PROFESSIONAL LICENSE.
         7604.   LIMITED PERMITS.
         7605.   EXEMPT PERSONS.
         7606.   PROHIBITIONS.
         7607.   MANDATORY CONTINUING EDUCATION.
   § 7600. INTRODUCTION. THIS TITLE APPLIES TO THE PROFESSION  AND  PRAC-
 TICE  OF  PSYCHOLOGY  AND  TO  THE  USE OF THE TITLE "PSYCHOLOGIST". THE
 GENERAL PROVISIONS FOR ALL PROFESSIONS CONTAINED IN TITLE  ONE  OF  THIS
 ARTICLE SHALL APPLY TO THIS TITLE.
   §  7601.  PRACTICE  OF PSYCHOLOGY AND USE OF THE TITLE "PSYCHOLOGIST".
 ONLY A PERSON LICENSED OR OTHERWISE AUTHORIZED UNDER THIS TITLE SHALL BE
 AUTHORIZED TO PRACTICE PSYCHOLOGY OR TO USE THE TITLE "PSYCHOLOGIST"  OR
 TO  DESCRIBE  HIS  OR  HER  SERVICES BY USE OF THE WORDS "PSYCHOLOGIST",
 "PSYCHOLOGY", OR "PSYCHOLOGICAL" IN CONNECTION WITH HIS OR HER PRACTICE.
   § 7601-A. DEFINITION OF THE PRACTICE OF PSYCHOLOGY. 1. AS USED IN THIS
 CHAPTER, THE  PRACTICE  OF  "PSYCHOLOGY"  SHALL  MEAN  THE  OBSERVATION,
 DESCRIPTION,  EVALUATION,  INTERPRETATION,  AND MODIFICATION OF BEHAVIOR
 FOR THE PURPOSE OF PREVENTING OR ELIMINATING  SYMPTOMATIC,  MALADAPTIVE,
 OR  UNDESIRED BEHAVIOR; ENHANCING INTERPERSONAL RELATIONSHIPS, PERSONAL,
 GROUP, OR ORGANIZATIONAL EFFECTIVENESS AND WORK AND/OR LIFE  ADJUSTMENT;
 AND  IMPROVING  BEHAVIORAL  HEALTH  AND/OR  MENTAL  HEALTH. THE PRACTICE
 INCLUDES, BUT IS NOT LIMITED TO PSYCHOLOGICAL (INCLUDING NEUROPSYCHOLOG-
 ICAL) TESTING AND COUNSELING; PSYCHOANALYSIS; PSYCHOTHERAPY; THE DIAGNO-
 SIS AND TREATMENT OF MENTAL, NERVOUS, EMOTIONAL,  COGNITIVE,  OR  BEHAV-
 IORAL  DISORDERS,  DISABILITIES,  AILMENTS,  OR  ILLNESSES,  ALCOHOLISM,
 SUBSTANCE USE, DISORDERS OF HABIT OR CONDUCT, THE PSYCHOLOGICAL  ASPECTS
 OF  PHYSICAL  ILLNESS,  ACCIDENT,  INJURY  OR  DISABILITY, PSYCHOLOGICAL
 ASPECTS OF LEARNING (INCLUDING  LEARNING  DISORDERS);  AND  THE  USE  OF
 ACCEPTED CLASSIFICATION SYSTEMS.
   2. AS USED IN THIS TITLE, THE TERM "DIAGNOSIS AND TREATMENT" MEANS THE
 APPROPRIATE  PSYCHOLOGICAL  DIAGNOSIS  AND  THE ORDERING OR PROVIDING OF
 TREATMENT ACCORDING TO NEED.  TREATMENT INCLUDES, BUT IS NOT LIMITED  TO
 COUNSELING,  PSYCHOTHERAPY,  MARITAL  OR FAMILY THERAPY, PSYCHOANALYSIS,
 AND OTHER PSYCHOLOGICAL INTERVENTIONS, INCLUDING VERBAL, BEHAVIORAL,  OR
 OTHER  APPROPRIATE  MEANS  AS  DEFINED IN REGULATIONS PROMULGATED BY THE
 COMMISSIONER.
   § 7602. STATE BOARD FOR PSYCHOLOGY. A STATE BOARD FOR PSYCHOLOGY SHALL
 BE APPOINTED BY THE  COMMISSIONER  FOR  THE  PURPOSE  OF  ASSISTING  THE
 DEPARTMENT ON MATTERS OF PROFESSIONAL LICENSING AND PROFESSIONAL CONDUCT
 IN ACCORDANCE WITH SECTION SIXTY-FIVE HUNDRED EIGHT OF THIS ARTICLE. THE
 BOARD  SHALL  BE COMPOSED OF NOT LESS THAN ELEVEN PSYCHOLOGISTS LICENSED
 IN THIS STATE. AN EXECUTIVE SECRETARY TO THE BOARD SHALL BE APPOINTED BY
 THE COMMISSIONER AND SHALL BE A PSYCHOLOGIST, LICENSED IN THIS STATE. AS
 USED IN THIS TITLE, THE TERM "THE BOARD" SHALL MEAN THE STATE BOARD  FOR
 PSYCHOLOGY APPOINTED PURSUANT TO THIS SECTION.
   §  7603.  REQUIREMENTS  FOR  A  PROFESSIONAL LICENSE. TO QUALIFY FOR A
 LICENSE AS A PSYCHOLOGIST, AN  APPLICANT  SHALL  FULFILL  THE  FOLLOWING
 REQUIREMENTS:
   1. APPLICATION: FILE AN APPLICATION WITH THE DEPARTMENT;
 S. 4007                            402                           A. 3007
 
   2.  EDUCATION: HAVE RECEIVED AN EDUCATION, INCLUDING A DOCTORAL DEGREE
 IN PSYCHOLOGY, GRANTED ON THE  BASIS  OF  COMPLETION  OF  A  PROGRAM  OF
 PSYCHOLOGY  REGISTERED WITH THE DEPARTMENT OR THE SUBSTANTIAL EQUIVALENT
 THEREOF, IN ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS;
   3.  EXPERIENCE:  HAVE TWO YEARS OF SUPERVISED EMPLOYMENT OR ENGAGEMENT
 IN APPROPRIATE PSYCHOLOGY ACTIVITIES SATISFACTORY TO THE  BOARD  AND  IN
 ACCORDANCE  WITH THE COMMISSIONER'S REGULATIONS. SATISFACTORY EXPERIENCE
 OBTAINED IN AN ENTITY OPERATING PURSUANT  TO  A  WAIVER  ISSUED  BY  THE
 DEPARTMENT  PURSUANT TO SECTION SIXTY-FIVE HUNDRED THREE-A OF THIS ARTI-
 CLE MAY BE ACCEPTED BY THE DEPARTMENT, NOTWITHSTANDING THAT SUCH EXPERI-
 ENCE MAY HAVE BEEN OBTAINED PRIOR TO THE EFFECTIVE DATE OF SUCH  SECTION
 SIXTY-FIVE  HUNDRED THREE-A AND/OR PRIOR TO THE ENTITY HAVING OBTAINED A
 WAIVER. THE DEPARTMENT MAY, FOR GOOD CAUSE  SHOWN,  ACCEPT  SATISFACTORY
 EXPERIENCE  THAT WAS OBTAINED IN A SETTING THAT WOULD HAVE BEEN ELIGIBLE
 FOR A WAIVER BUT WHICH HAS NOT OBTAINED A WAIVER WITH THE DEPARTMENT  OR
 EXPERIENCE  THAT  WAS  OBTAINED IN GOOD FAITH BY THE APPLICANT UNDER THE
 BELIEF THAT APPROPRIATE AUTHORIZATION HAD BEEN OBTAINED FOR THE  EXPERI-
 ENCE,  PROVIDED  THAT  SUCH  EXPERIENCE MEETS ALL OTHER REQUIREMENTS FOR
 ACCEPTABLE EXPERIENCE;
   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. CITIZENSHIP: MEET NO REQUIREMENT AS TO UNITED STATES CITIZENSHIP;
   7.  CHARACTER: BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE DEPART-
 MENT; AND
   8. FEES: PAY A FEE OF ONE HUNDRED SEVENTY DOLLARS  TO  THE  DEPARTMENT
 FOR  ADMISSION  TO A DEPARTMENT-CONDUCTED EXAMINATION AND FOR AN INITIAL
 LICENSE, A FEE OF EIGHTY-FIVE DOLLARS FOR EACH REEXAMINATION, A  FEE  OF
 ONE  HUNDRED  FIFTEEN  DOLLARS  FOR  AN  INITIAL LICENSE FOR PERSONS NOT
 REQUIRING ADMISSION TO A DEPARTMENT-CONDUCTED EXAMINATION, AND A FEE  OF
 ONE HUNDRED FIFTY-FIVE DOLLARS FOR EACH TRIENNIAL REGISTRATION PERIOD.
   §  7604.  LIMITED  PERMITS.  1.  ON  RECOMMENDATION  OF THE BOARD, THE
 DEPARTMENT MAY ISSUE A LIMITED PERMIT TO PRACTICE AS PSYCHOLOGIST TO  AN
 APPLICANT HOLDING A CERTIFICATE OR LICENSE TO PRACTICE PSYCHOLOGY ISSUED
 BY ANOTHER STATE OR COUNTRY, AND WHOSE QUALIFICATIONS HAVE BEEN APPROVED
 FOR  ADMISSION  TO THE EXAMINATION FOR A LICENSE AS PSYCHOLOGIST AND WHO
 HAS RESIDED IN THIS STATE FOR A PERIOD OF NOT MORE THAN SIX MONTHS PRIOR
 TO THE FILING OF SUCH APPLICATION. SUCH LIMITED PERMIT  SHALL  BE  VALID
 FOR  A  PERIOD  OF  NOT MORE THAN TWELVE MONTHS, OR UNTIL TEN DAYS AFTER
 NOTIFICATION TO THE APPLICANT OF FAILURE OF THE  PROFESSIONAL  LICENSING
 EXAMINATION,  OR  UNTIL THE RESULTS OF A LICENSING EXAMINATION FOR WHICH
 THE APPLICANT IS  ELIGIBLE  ARE  OFFICIALLY  RELEASED,  WHICHEVER  COMES
 FIRST.
   2.  ON  THE  RECOMMENDATION  OF  THE BOARD, THE DEPARTMENT MAY ISSUE A
 LIMITED PERMIT VALID FOR AN AGGREGATE OF THREE YEARS TO A PERSON WHO HAS
 COMPLETED THE DOCTORAL DISSERTATION AND OTHER DOCTORAL  DEGREE  REQUIRE-
 MENTS  AND  IS  GAINING  SUPERVISED  EXPERIENCE  TO  MEET THE EXPERIENCE
 REQUIREMENTS FOR LICENSURE. SUCH PERMIT MAY BE RE-ISSUED FOR  A  MAXIMUM
 PERIOD OF ONE YEAR FOR GOOD CAUSE, AS DETERMINED BY THE DEPARTMENT.
   3. FEES. THE FEE FOR EACH LIMITED PERMIT SHALL BE SEVENTY DOLLARS.
   §  7605.  EXEMPT  PERSONS. NOTHING IN THIS TITLE SHALL BE CONSTRUED TO
 AFFECT OR PREVENT:
   1. THE ACTIVITIES, SERVICES, AND USE OF THE TITLE OF PSYCHOLOGIST,  OR
 ANY  DERIVATION  THEREOF,  ON  THE  PART  OF A PERSON IN THE EMPLOY OF A
 FEDERAL, STATE, COUNTY OR MUNICIPAL AGENCY, OR OTHER POLITICAL  SUBDIVI-
 SION,  OR  A CHARTERED ELEMENTARY OR SECONDARY SCHOOL OR DEGREE-GRANTING
 S. 4007                            403                           A. 3007
 
 EDUCATIONAL INSTITUTION INSOFAR AS SUCH ACTIVITIES AND  SERVICES  ARE  A
 PART  OF THE DUTIES OF HIS OR HER SALARIED POSITION; OR ON THE PART OF A
 PERSON IN THE EMPLOY AS A CERTIFIED SCHOOL PSYCHOLOGIST ON  A  FULL-TIME
 OR  PART-TIME  SALARY  BASIS, WHICH MAY INCLUDE ON AN HOURLY, WEEKLY, OR
 MONTHLY BASIS, OR ON A FEE FOR EVALUATION SERVICES BASIS  PROVIDED  THAT
 SUCH  PERSON  EMPLOYED AS A CERTIFIED SCHOOL PSYCHOLOGIST IS EMPLOYED BY
 AND UNDER THE DOMINION AND CONTROL  OF  A  PRESCHOOL  SPECIAL  EDUCATION
 PROGRAM APPROVED PURSUANT TO PARAGRAPH B OF SUBDIVISION NINE OR SUBDIVI-
 SION  NINE-A  OF  SECTION FORTY-FOUR HUNDRED TEN OF THE EDUCATION LAW TO
 PROVIDE ACTIVITIES, SERVICES AND TO  USE  THE  TITLE  "CERTIFIED  SCHOOL
 PSYCHOLOGIST",  SO LONG AS THIS SHALL NOT BE CONSTRUED TO PERMIT THE USE
 OF THE TITLE "LICENSED  PSYCHOLOGIST",  TO  STUDENTS  ENROLLED  IN  SUCH
 APPROVED  PROGRAM  OR  TO  CONDUCT  A  MULTIDISCIPLINARY EVALUATION OF A
 PRESCHOOL CHILD HAVING OR SUSPECTED OF HAVING A DISABILITY;  OR  ON  THE
 PART  OF  A PERSON IN THE EMPLOY AS A CERTIFIED SCHOOL PSYCHOLOGIST ON A
 FULL-TIME OR PART-TIME SALARY BASIS, WHICH MAY  INCLUDE  ON  AN  HOURLY,
 WEEKLY  OR  MONTHLY  BASIS,  OR  ON  A FEE FOR EVALUATION SERVICES BASIS
 PROVIDED THAT SUCH PERSON EMPLOYED AS A CERTIFIED SCHOOL PSYCHOLOGIST IS
 EMPLOYED BY AND UNDER THE DOMINION AND CONTROL OF AN AGENCY APPROVED  IN
 ACCORDANCE  WITH  TITLE  TWO-A OF ARTICLE TWENTY-FIVE OF THIS CHAPTER TO
 DELIVER  EARLY  INTERVENTION  PROGRAM   MULTIDISCIPLINARY   EVALUATIONS,
 SERVICE  COORDINATION  SERVICES AND EARLY INTERVENTION PROGRAM SERVICES,
 EACH IN THE COURSE OF THEIR EMPLOYMENT.   NOTHING  IN  THIS  SUBDIVISION
 SHALL BE CONSTRUED TO AUTHORIZE A CERTIFIED SCHOOL PSYCHOLOGIST OR GROUP
 OF  SUCH SCHOOL PSYCHOLOGISTS TO ENGAGE IN INDEPENDENT PRACTICE OR PRAC-
 TICE OUTSIDE OF AN EMPLOYMENT RELATIONSHIP.
   2. THE ACTIVITIES AND SERVICES REQUIRED OF A STUDENT, INTERN, OR RESI-
 DENT IN PSYCHOLOGY, PURSUING A COURSE OF STUDY  LEADING  TO  A  DOCTORAL
 DEGREE  IN  PSYCHOLOGY  IN  AN  INSTITUTION  APPROVED BY THE DEPARTMENT,
 PROVIDED THAT SUCH ACTIVITIES AND SERVICES CONSTITUTE A PART OF  HIS  OR
 HER  SUPERVISED  COURSE  OF  STUDY  IN PSYCHOLOGY. SUCH PERSONS SHALL BE
 DESIGNATED BY THE TITLES "PSYCHOLOGICAL INTERN",  "PSYCHOLOGICAL  TRAIN-
 EE",  OR  OTHER  SUCH  TITLE WHICH CLEARLY INDICATES HIS OR HER TRAINING
 STATUS.
   3. THE  PRACTICE,  CONDUCT,  ACTIVITIES  OR  SERVICES  BY  ANY  PERSON
 LICENSED  OR  OTHERWISE AUTHORIZED TO PRACTICE MEDICINE WITHIN THE STATE
 PURSUANT TO TITLE TWO OF THIS ARTICLE OR BY  ANY  PERSON  REGISTERED  TO
 PERFORM  SERVICES  AS A PHYSICIAN ASSISTANT WITHIN THE STATE PURSUANT TO
 TITLE THREE OF THIS ARTICLE.
   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
 TITLE  TWELVE  OF  THIS  ARTICLE  OR BY ANY PERSON LICENSED OR OTHERWISE
 AUTHORIZED TO PRACTICE SOCIAL WORK WITHIN THE STATE  PURSUANT  TO  TITLE
 EIGHTEEN OF THIS ARTICLE, OR BY ANY PERSON LICENSED OR OTHERWISE AUTHOR-
 IZED  TO PRACTICE MENTAL HEALTH COUNSELING, MARRIAGE AND FAMILY THERAPY,
 CREATIVE ARTS THERAPY, OR PSYCHOANALYSIS WITHIN THE  STATE  PURSUANT  TO
 TITLE  TWENTY-FIVE  OF THIS ARTICLE, OR ANY PERSON LICENSED OR OTHERWISE
 AUTHORIZED TO PRACTICE APPLIED BEHAVIOR ANALYSIS WITHIN THE STATE PURSU-
 ANT TO TITLE TWENTY-NINE OF  THIS  ARTICLE  OR  ANY  INDIVIDUAL  WHO  IS
 CREDENTIALED UNDER ANY LAW, INCLUDING ATTORNEYS, RAPE CRISIS COUNSELORS,
 CERTIFIED  ALCOHOLISM  COUNSELORS, AND CERTIFIED SUBSTANCE ABUSE COUNSE-
 LORS FROM PROVIDING  MENTAL  HEALTH  SERVICES  WITHIN  THEIR  RESPECTIVE
 ESTABLISHED AUTHORITIES.
   5. THE CONDUCT, ACTIVITIES, OR SERVICES OF ANY MEMBER OF THE CLERGY OR
 CHRISTIAN  SCIENCE PRACTITIONER, IN THE PROVISION OF PASTORAL COUNSELING
 S. 4007                            404                           A. 3007
 
 SERVICES WITHIN THE CONTEXT OF HIS OR HER MINISTERIAL  CHARGE  OR  OBLI-
 GATION.
   6.  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.
   7.  THE  PRACTICE, CONDUCT, ACTIVITIES, OR SERVICES OF AN OCCUPATIONAL
 THERAPIST FROM PERFORMING WORK CONSISTENT  WITH  TITLE  TWENTY  OF  THIS
 ARTICLE.
   8.  THE REPRESENTATION AS A PSYCHOLOGIST AND THE RENDERING OF SERVICES
 AS SUCH IN THIS STATE FOR A TEMPORARY PERIOD OF  A  PERSON  WHO  RESIDES
 OUTSIDE  THE STATE OF NEW YORK AND WHO ENGAGES IN PRACTICE AS A PSYCHOL-
 OGIST AND CONDUCTS THE MAJOR PART OF HIS OR HER PRACTICE AS SUCH OUTSIDE
 THIS STATE, PROVIDED SUCH PERSON HAS FILED WITH THE DEPARTMENT  EVIDENCE
 THAT  HE  OR  SHE HAS BEEN LICENSED OR CERTIFIED IN ANOTHER STATE OR HAS
 BEEN ADMITTED TO THE EXAMINATION  IN  THIS  STATE  PURSUANT  TO  SECTION
 SEVENTY-SIX  HUNDRED  THREE  OF THIS TITLE.  SUCH TEMPORARY PERIOD SHALL
 NOT EXCEED TEN CONSECUTIVE BUSINESS DAYS IN ANY PERIOD OF NINETY CONSEC-
 UTIVE DAYS OR IN THE AGGREGATE EXCEED MORE THAN FIFTEEN BUSINESS DAYS IN
 ANY SUCH NINETY-DAY PERIOD.
   9. THE PROVISION OF PSYCHOTHERAPY AS DEFINED  IN  SUBDIVISION  TWO  OF
 SECTION  EIGHTY-FOUR HUNDRED ONE OF THIS ARTICLE TO THE EXTENT PERMISSI-
 BLE WITHIN THE SCOPE OF PRACTICE OF PSYCHOLOGY,  BY  ANY  NOT-FOR-PROFIT
 CORPORATION OR EDUCATION CORPORATION PROVIDING SERVICES WITHIN THE STATE
 OF  NEW YORK AND OPERATING UNDER A WAIVER PURSUANT TO SECTION SIXTY-FIVE
 HUNDRED THREE-A OF THIS ARTICLE, PROVIDED THAT  SUCH  ENTITIES  OFFERING
 PSYCHOLOGY SERVICES SHALL ONLY PROVIDE SUCH SERVICES THROUGH AN INDIVID-
 UAL  APPROPRIATELY  LICENSED  OR  OTHERWISE  AUTHORIZED  TO PROVIDE SUCH
 SERVICES OR A PROFESSIONAL ENTITY AUTHORIZED  BY  LAW  TO  PROVIDE  SUCH
 SERVICES.
   10. A. A PERSON WITHOUT A LICENSE FROM: PERFORMING ASSESSMENTS INCLUD-
 ING  BUT NOT LIMITED TO BASIC INFORMATION COLLECTION, GATHERING OF DEMO-
 GRAPHIC DATA, AND INFORMAL OBSERVATIONS, SCREENING AND REFERRAL USED FOR
 GENERAL ELIGIBILITY FOR A PROGRAM OR SERVICE AND DETERMINING  THE  FUNC-
 TIONAL  STATUS  OF AN INDIVIDUAL FOR THE PURPOSE OF DETERMINING NEED FOR
 SERVICES; ADVISING INDIVIDUALS REGARDING THE APPROPRIATENESS OF BENEFITS
 THEY ARE ELIGIBLE FOR; PROVIDING GENERAL ADVICE AND GUIDANCE AND ASSIST-
 ING INDIVIDUALS OR GROUPS WITH DIFFICULT  DAY-TO-DAY  PROBLEMS  SUCH  AS
 FINDING  EMPLOYMENT,  LOCATING  SOURCES  OF  ASSISTANCE,  AND ORGANIZING
 COMMUNITY GROUPS TO WORK ON A SPECIFIC PROBLEM; PROVIDING PEER SERVICES;
 SELECTING  FOR  SUITABILITY  AND  PROVIDING  SUBSTANCE  ABUSE  TREATMENT
 SERVICES OR GROUP RE-ENTRY SERVICES TO INCARCERATED INDIVIDUALS IN STATE
 CORRECTIONAL FACILITIES; OR PROVIDING SUBSTANCE ABUSE TREATMENT SERVICES
 OR  RE-ENTRY  SERVICES TO INCARCERATED INDIVIDUALS IN LOCAL CORRECTIONAL
 FACILITIES.
   B. A PERSON WITHOUT A LICENSE FROM CREATING, DEVELOPING OR  IMPLEMENT-
 ING  A  SERVICE  PLAN  OR  RECOVERY PLAN THAT IS NOT A BEHAVIORAL HEALTH
 DIAGNOSIS OR TREATMENT  PLAN.  SUCH  SERVICE  OR  RECOVERY  PLANS  SHALL
 INCLUDE, BUT ARE NOT LIMITED TO, COORDINATING, EVALUATING OR DETERMINING
 THE  NEED FOR, OR THE PROVISION OF THE FOLLOWING SERVICES:  JOB TRAINING
 AND EMPLOYABILITY; HOUSING; HOMELESS SERVICES AND SHELTERS FOR  HOMELESS
 INDIVIDUALS AND FAMILIES; REFUGEE SERVICES; RESIDENTIAL, DAY OR COMMUNI-
 TY  HABILITATION  SERVICES;  GENERAL PUBLIC ASSISTANCE; IN-HOME SERVICES
 AND SUPPORTS OR HOME-DELIVERED MEALS; RECOVERY SUPPORTS; ADULT OR  CHILD
 PROTECTIVE  SERVICES  INCLUDING  INVESTIGATIONS; DETENTION AS DEFINED IN
 SECTION FIVE HUNDRED TWO OF THE EXECUTIVE LAW; PREVENTION  AND  RESIDEN-
 S. 4007                            405                           A. 3007
 
 TIAL SERVICES FOR VICTIMS OF DOMESTIC VIOLENCE; SERVICES FOR RUNAWAY AND
 HOMELESS  YOUTH;  FOSTER CARE, ADOPTION, PREVENTIVE SERVICES OR SERVICES
 IN ACCORDANCE WITH AN APPROVED PLAN PURSUANT  TO  SECTION  FOUR  HUNDRED
 FOUR  OF  THE  SOCIAL  SERVICES LAW, INCLUDING, ADOPTION AND FOSTER HOME
 STUDIES AND ASSESSMENTS, FAMILY SERVICE PLANS, TRANSITION PLANS, PERMAN-
 ENCY PLANNING ACTIVITIES, AND CASE PLANNING OR CASE MANAGEMENT  AS  SUCH
 TERMS ARE DEFINED IN THE REGULATIONS OF THE OFFICE OF CHILDREN AND FAMI-
 LY  SERVICES;  RESIDENTIAL  REHABILITATION;  HOME  AND  COMMUNITY  BASED
 SERVICES; AND DE-ESCALATION TECHNIQUES, PEER SERVICES OR SKILL  DEVELOP-
 MENT.
   C.  (I) A PERSON WITHOUT A LICENSE FROM PARTICIPATING AS A MEMBER OF A
 MULTI-DISCIPLINARY TEAM TO ASSIST IN THE DEVELOPMENT OF  OR  IMPLEMENTA-
 TION  OF  A  BEHAVIORAL HEALTH SERVICES OR TREATMENT PLAN; PROVIDED THAT
 SUCH TEAM SHALL INCLUDE ONE OR MORE PROFESSIONALS  LICENSED  UNDER  THIS
 TITLE  OR  TITLES  TWO, TWELVE, EIGHTEEN OR TWENTY-FIVE OF THIS ARTICLE;
 AND PROVIDED, FURTHER, THAT THE ACTIVITIES PERFORMED BY MEMBERS  OF  THE
 TEAM SHALL BE CONSISTENT WITH THE SCOPE OF PRACTICE FOR EACH TEAM MEMBER
 LICENSED  OR AUTHORIZED UNDER TITLE EIGHT OF THIS ARTICLE, AND THOSE WHO
 ARE NOT SO AUTHORIZED MAY NOT ENGAGE IN THE FOLLOWING  RESTRICTED  PRAC-
 TICES:  THE  DIAGNOSIS  OF  MENTAL, EMOTIONAL, BEHAVIORAL, ADDICTIVE AND
 DEVELOPMENTAL DISORDERS AND DISABILITIES; PATIENT ASSESSMENT AND  EVALU-
 ATING;  THE  PROVISION  OF PSYCHOTHERAPEUTIC TREATMENT; THE PROVISION OF
 TREATMENT  OTHER  THAN  PSYCHOTHERAPEUTIC  TREATMENT;  OR  INDEPENDENTLY
 DEVELOPING  AND IMPLEMENTING ASSESSMENT-BASED TREATMENT PLANS AS DEFINED
 IN SECTION SEVENTY-SEVEN HUNDRED ONE OF THIS ARTICLE.
   (II) FOR THE PURPOSES OF THIS PARAGRAPH, "ASSIST" SHALL  INCLUDE,  BUT
 NOT  BE LIMITED TO, THE PROVISION OR PERFORMANCE OF THE FOLLOWING TASKS,
 SERVICES, OR FUNCTIONS BY AN INDIVIDUAL WHO HAS  OBTAINED  THE  TRAINING
 AND  EXPERIENCE  REQUIRED  BY  THE  APPLICABLE STATE OVERSIGHT AGENCY TO
 PERFORM SUCH TASK, SERVICE OR FUNCTION IN FACILITIES OR PROGRAMS OPERAT-
 ING PURSUANT TO ARTICLE NINETEEN-G OF THE EXECUTIVE LAW; ARTICLES SEVEN,
 SIXTEEN, THIRTY-ONE OR THIRTY-TWO OF THE MENTAL HYGIENE  LAW;  OR  TITLE
 THREE OF ARTICLE SEVEN OF THE SOCIAL SERVICES LAW:
   (1)  HELPING  AN  INDIVIDUAL WITH THE COMPLETION OF FORMS OR QUESTION-
 NAIRES;
   (2) REVIEWING EXISTING CASE RECORDS AND COLLECTING BACKGROUND INFORMA-
 TION ABOUT AN INDIVIDUAL WHICH MAY BE USED BY THE LICENSED  PROFESSIONAL
 OR MULTI-DISCIPLINARY TEAM;
   (3)  GATHERING  AND  REPORTING  INFORMATION  ABOUT PREVIOUS BEHAVIORAL
 HEALTH INTERVENTIONS, HOSPITALIZATIONS, DOCUMENTED DIAGNOSIS,  OR  PRIOR
 TREATMENT FOR REVIEW BY THE LICENSED PROFESSIONAL AND MULTI-DISCIPLINARY
 TEAM;
   (4)  DISCUSSING  WITH  THE  INDIVIDUAL  HIS  OR  HER SITUATION, NEEDS,
 CONCERNS, AND THOUGHTS IN ORDER TO HELP IDENTIFY SERVICES  THAT  SUPPORT
 THE INDIVIDUAL'S GOALS, INDEPENDENCE, AND QUALITY OF LIFE;
   (5)  PROVIDING  ADVICE, INFORMATION, AND ASSISTANCE TO INDIVIDUALS AND
 FAMILY MEMBERS TO IDENTIFY NEEDS AND AVAILABLE RESOURCES IN THE COMMUNI-
 TY TO HELP MEET THE NEEDS OF THE INDIVIDUAL OR FAMILY MEMBER;
   (6) ENGAGING IN IMMEDIATE AND LONG-TERM PROBLEM SOLVING,  ENGAGING  IN
 THE  DEVELOPMENT  OF  SOCIAL  SKILLS, OR PROVIDING GENERAL HELP IN AREAS
 INCLUDING, BUT NOT LIMITED TO, HOUSING, EMPLOYMENT, CHILD CARE,  PARENT-
 ING, COMMUNITY-BASED SERVICES, AND FINANCES;
   (7) DISTRIBUTING PAPER COPIES OF SELF-ADMINISTERED TESTS FOR THE INDI-
 VIDUAL  TO  COMPLETE  WHEN SUCH TESTS DO NOT REQUIRE THE OBSERVATION AND
 JUDGMENT OF A LICENSED PROFESSIONAL;
 S. 4007                            406                           A. 3007
 
   (8) MONITORING TREATMENT BY THE COLLECTION OF WRITTEN AND/OR  OBSERVA-
 TIONAL  DATA  IN ACCORDANCE WITH THE TREATMENT PLAN AND PROVIDING VERBAL
 OR WRITTEN REPORTS TO THE MULTI-DISCIPLINARY TEAM;
   (9) IDENTIFYING GAPS IN SERVICES AND COORDINATING ACCESS TO OR ARRANG-
 ING   SERVICES  FOR  INDIVIDUALS  SUCH  AS  HOME  CARE,  COMMUNITY-BASED
 SERVICES, HOUSING, EMPLOYMENT, TRANSPORTATION,  CHILD  CARE,  VOCATIONAL
 TRAINING, OR HEALTH CARE;
   (10)  OFFERING  EDUCATION  PROGRAMS  THAT  PROVIDE  INFORMATION  ABOUT
 DISEASE IDENTIFICATION AND RECOMMENDED TREATMENTS THAT MAY BE  PROVIDED,
 AND HOW TO ACCESS SUCH TREATMENT;
   (11)  REPORTING  ON  BEHAVIOR,  ACTIONS, AND RESPONSES TO TREATMENT BY
 COLLECTING WRITTEN AND/OR OBSERVATIONAL DATA AS PART OF  A  MULTI-DISCI-
 PLINARY TEAM;
   (12) USING DE-ESCALATION TECHNIQUES CONSISTENT WITH APPROPRIATE TRAIN-
 ING;
   (13)  PERFORMING  ASSESSMENTS USING STANDARDIZED, STRUCTURED INTERVIEW
 TOOLS OR INSTRUMENTS;
   (14) DIRECTLY DELIVERING SERVICES OUTLINED IN THE  SERVICE  PLAN  THAT
 ARE NOT CLINICAL IN NATURE BUT HAVE BEEN TAILORED TO AN INDIVIDUAL BASED
 ON  ANY  DIAGNOSES  SUCH  INDIVIDUAL  MAY  HAVE RECEIVED FROM A LICENSED
 PROFESSIONAL; AND
   (15) ADVOCATING WITH EDUCATIONAL, JUDICIAL OR OTHER SYSTEMS TO PROTECT
 AN INDIVIDUAL'S RIGHTS AND ACCESS TO APPROPRIATE SERVICES.
   D. PROVIDED, FURTHER,  THAT  NOTHING  IN  THIS  SUBDIVISION  SHALL  BE
 CONSTRUED AS REQUIRING A LICENSE FOR ANY PARTICULAR ACTIVITY OR FUNCTION
 BASED  SOLELY ON THE FACT THAT THE ACTIVITY OR FUNCTION IS NOT LISTED IN
 THIS SUBDIVISION.
   11. A. THE CONDUCT, ACTIVITIES, OR SERVICES OF A TECHNICIAN TO  ADMIN-
 ISTER AND SCORE STANDARDIZED OBJECTIVE (NON-PROJECTIVE) PSYCHOLOGICAL OR
 NEUROPSYCHOLOGICAL TESTS THAT HAVE SPECIFIC PREDETERMINED AND MANUALIZED
 ADMINISTRATIVE  PROCEDURES  WHICH  ENTAIL  OBSERVING AND DESCRIBING TEST
 BEHAVIOR AND TEST RESPONSES, AND WHICH DO NOT REQUIRE EVALUATION, INTER-
 PRETATION OR OTHER JUDGMENTS; PROVIDED, HOWEVER,  THAT  SUCH  TECHNICIAN
 SHALL:
   (I)  HOLD  NO LESS THAN A BACHELOR'S DEGREE IN PSYCHOLOGY OR A RELATED
 FIELD;
   (II) UNDERGO A PROCESS OF REGULAR TRAINING BY A LICENSED PSYCHOLOGIST,
 WHICH SHALL INCLUDE, BUT NOT BE LIMITED TO A  MINIMUM  OF  EIGHTY  TOTAL
 HOURS OF (1) PROFESSIONAL ETHICS, (2) STUDYING AND MASTERING INFORMATION
 FROM TEST MANUALS, AND (3) DIRECT OBSERVATION OF A LICENSED PSYCHOLOGIST
 OR  TRAINED TECHNICIAN ADMINISTERING AND SCORING TESTS, IN ADDITION TO A
 MINIMUM OF FORTY TOTAL HOURS OF ADMINISTERING AND SCORING TESTS  IN  THE
 PRESENCE OF A LICENSED PSYCHOLOGIST OR TRAINED TECHNICIAN, PROVIDED SUCH
 INTERACTION  WITH  THE  LICENSED  PSYCHOLOGIST  EQUALS  OR EXCEEDS FIFTY
 PERCENT OF THE TOTAL TRAINING TIME;
   (III) BE UNDER THE  DIRECT  AND  ONGOING  SUPERVISION  OF  A  LICENSED
 PSYCHOLOGIST  IN  NO  GREATER THAN A THREE-TO-ONE RATIO OR THE PART TIME
 EQUIVALENT THERETO;
   (IV) NOT BE EMPLOYED WITHIN A SCHOOL SETTING; AND
   (V) NOT SELECT TESTS, ANALYZE PATIENT DATA, OR COMMUNICATE RESULTS  TO
 PATIENTS.
   B.  THE  SUPERVISING  LICENSED PSYCHOLOGIST MUST SUBMIT, PURSUANT TO A
 FORM TO BE PRESCRIBED AND DEVELOPED WITHIN NINETY DAYS OF THE  EFFECTIVE
 DATE  OF THIS SUBDIVISION BY THE DEPARTMENT, A SWORN STATEMENT DETAILING
 COMPLIANCE WITH THE ABOVE REQUIREMENTS.  THE LICENSED PSYCHOLOGIST'S USE
 OF SUCH INDIVIDUAL PURSUANT TO THE TERMS OF THIS  SUBDIVISION  SHALL  BE
 S. 4007                            407                           A. 3007
 
 UNDERTAKEN  ONLY WITH SPECIAL CARE AND PROFESSIONAL JUDGMENT IN ORDER TO
 ENSURE THE SAFETY AND WELL-BEING OF THE PATIENT CONSIDERING THE SEVERITY
 OF THE SYMPTOMS, THE AGE OF THE PATIENT AND THE LENGTH OF  THE  EXAMINA-
 TION  PROCESS,  AND  SHALL  INCLUDE APPROPRIATE ONGOING CONTACT WITH THE
 LICENSED PSYCHOLOGIST  AT  APPROPRIATE  INTERVALS.  SUCH  USE  SHALL  BE
 SUBJECT TO THE FULL DISCIPLINARY AND REGULATORY AUTHORITY OF THE DEPART-
 MENT  PURSUANT TO THIS TITLE. THE LICENSED PSYCHOLOGIST SHALL NOTIFY THE
 PATIENT OR DESIGNATED HEALTH CARE SURROGATE THAT THE  LICENSED  PSYCHOL-
 OGIST  MAY  UTILIZE  THE  SERVICES OF A TECHNICIAN TO ADMINISTER CERTAIN
 EXAMS, AND SHALL PROVIDE THE PATIENT OR DESIGNATED HEALTH CARE SURROGATE
 THE OPPORTUNITY TO OBJECT TO THE LICENSED PSYCHOLOGIST'S PLAN TO UTILIZE
 A TECHNICIAN.
   12. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY,  NOTH-
 ING IN THIS TITLE SHALL BE CONSTRUED TO PROHIBIT OR LIMIT THE ACTIVITIES
 OR  SERVICES  PROVIDED UNDER THIS TITLE BY ANY PERSON WHO IS EMPLOYED OR
 WHO COMMENCES EMPLOYMENT IN A PROGRAM OR  SERVICE  OPERATED,  REGULATED,
 FUNDED,  OR  APPROVED BY THE DEPARTMENT OF MENTAL HYGIENE, THE OFFICE OF
 CHILDREN AND FAMILY SERVICES, OR A LOCAL GOVERNMENTAL UNIT AS THAT  TERM
 IS  DEFINED  IN  SECTION  41.03  OF  THE  MENTAL HYGIENE LAW OR A SOCIAL
 SERVICES DISTRICT AS DEFINED IN SECTION SIXTY-ONE OF THE SOCIAL SERVICES
 LAW ON OR BEFORE TWO YEARS FROM THE DATE THAT THE REGULATIONS ISSUED  IN
 ACCORDANCE WITH SECTION SIX OF PART Y OF CHAPTER FIFTY-SEVEN OF THE LAWS
 OF  TWO  THOUSAND  EIGHTEEN APPEAR IN THE STATE REGISTER OR ARE ADOPTED,
 WHICHEVER IS LATER. SUCH PROHIBITIONS OR LIMITATIONS SHALL NOT APPLY  TO
 SUCH  EMPLOYEES  FOR AS LONG AS THEY REMAIN EMPLOYED BY SUCH PROGRAMS OR
 SERVICES AND WHETHER THEY REMAIN EMPLOYED BY THE SAME OR OTHER EMPLOYERS
 PROVIDING SUCH PROGRAMS OR SERVICES. PROVIDED, HOWEVER, THAT ANY  PERSON
 WHO  COMMENCES EMPLOYMENT IN SUCH PROGRAM OR SERVICE AFTER SUCH DATE AND
 PERFORMS SERVICES THAT ARE RESTRICTED UNDER THIS TITLE SHALL  BE  APPRO-
 PRIATELY  LICENSED  OR AUTHORIZED UNDER THIS TITLE. EACH STATE OVERSIGHT
 AGENCY SHALL CREATE AND MAINTAIN A PROCESS TO VERIFY EMPLOYMENT  HISTORY
 OF INDIVIDUALS EXEMPT UNDER THIS SUBDIVISION.
   13.  THE  ACTIVITIES  OR SERVICES PROVIDED BY A PERSON WITH A MASTER'S
 LEVEL DEGREE IN PSYCHOLOGY OR ITS EQUIVALENT, WORKING UNDER  THE  SUPER-
 VISION  OF  A  LICENSED  PSYCHOLOGIST  IN A PROGRAM OR SERVICE OPERATED,
 REGULATED, FUNDED, OR APPROVED BY THE DEPARTMENT OF MENTAL HYGIENE,  THE
 OFFICE  OF  CHILDREN  AND FAMILY SERVICES, OR A LOCAL GOVERNMENT UNIT AS
 SUCH TERM IS DEFINED IN SECTION 41.03 OF THE MENTAL  HYGIENE  LAW  OR  A
 SOCIAL  SERVICES  DISTRICT AS DEFINED IN SECTION SIXTY-ONE OF THE SOCIAL
 SERVICES LAW.
   § 7606. PROHIBITIONS. ANY INDIVIDUAL WHOSE  LICENSE  OR  AUTHORITY  TO
 PRACTICE  DERIVES  FROM THE PROVISIONS OF THIS TITLE SHALL BE PROHIBITED
 FROM:
   1. PRESCRIBING OR ADMINISTERING DRUGS AS DEFINED IN THIS CHAPTER AS  A
 TREATMENT,  THERAPY,  OR  PROFESSIONAL SERVICE IN THE PRACTICE OF HIS OR
 HER PROFESSION; OR
   2. USING INVASIVE PROCEDURES AS A TREATMENT, THERAPY, OR  PROFESSIONAL
 SERVICE  IN  THE PRACTICE OF HIS OR HER PROFESSION. FOR PURPOSES OF THIS
 SUBDIVISION, "INVASIVE PROCEDURE" MEANS ANY  PROCEDURE  IN  WHICH  HUMAN
 TISSUE  IS CUT, ALTERED, OR OTHERWISE INFILTRATED BY MECHANICAL OR OTHER
 MEANS. INVASIVE PROCEDURE INCLUDES SURGERY, LASERS, IONIZING  RADIATION,
 THERAPEUTIC ULTRASOUND, OR ELECTROCONVULSIVE THERAPY.
   §  7607.  MANDATORY  CONTINUING  EDUCATION.  1.  A.  EACH PSYCHOLOGIST
 REQUIRED UNDER THIS TITLE TO REGISTER TRIENNIALLY WITH THE DEPARTMENT TO
 PRACTICE IN THIS STATE, SHALL COMPLY WITH THE PROVISIONS  FOR  MANDATORY
 CONTINUING  EDUCATION  PRESCRIBED  IN  SUBDIVISION  TWO OF THIS SECTION,
 S. 4007                            408                           A. 3007
 
 EXCEPT AS SET FORTH IN PARAGRAPHS B AND C OF THIS SUBDIVISION.  PSYCHOL-
 OGISTS WHO DO NOT SATISFY THE MANDATORY  CONTINUING  EDUCATION  REQUIRE-
 MENTS  SHALL NOT PRACTICE UNTIL THEY HAVE MET SUCH REQUIREMENTS AND THEY
 HAVE  BEEN ISSUED A REGISTRATION CERTIFICATE, EXCEPT THAT A PSYCHOLOGIST
 MAY PRACTICE WITHOUT HAVING MET SUCH REQUIREMENTS IF HE OR SHE IS ISSUED
 A CONDITIONAL REGISTRATION CERTIFICATE PURSUANT TO SUBDIVISION THREE  OF
 THIS SECTION.
   B.  EACH  PSYCHOLOGIST  SHALL  BE EXEMPT FROM THE MANDATORY CONTINUING
 EDUCATION REQUIREMENTS FOR  THE  TRIENNIAL  REGISTRATION  PERIOD  DURING
 WHICH  THEY  ARE  FIRST  LICENSED. IN ACCORDANCE WITH THE INTENT OF THIS
 SECTION, ADJUSTMENT TO THE MANDATORY  CONTINUING  EDUCATION  REQUIREMENT
 MAY  BE  GRANTED BY THE DEPARTMENT FOR REASONS OF HEALTH THAT ARE CERTI-
 FIED BY AN APPROPRIATE HEALTH CARE  PROFESSIONAL,  FOR  EXTENDED  ACTIVE
 DUTY WITH THE ARMED FORCES OF THE UNITED STATES, OR FOR OTHER GOOD CAUSE
 ACCEPTABLE TO THE DEPARTMENT WHICH MAY PREVENT COMPLIANCE.
   C.  A  PSYCHOLOGIST  NOT  ENGAGED  IN  PRACTICE,  AS DETERMINED BY THE
 DEPARTMENT, SHALL BE EXEMPT  FROM  THE  MANDATORY  CONTINUING  EDUCATION
 REQUIREMENT UPON THE FILING OF A STATEMENT WITH THE DEPARTMENT DECLARING
 SUCH  STATUS.  ANY  LICENSEE  WHO  RETURNS TO THE PRACTICE OF PSYCHOLOGY
 DURING THE TRIENNIAL REGISTRATION PERIOD  SHALL  NOTIFY  THE  DEPARTMENT
 PRIOR TO REENTERING THE PROFESSION AND SHALL MEET SUCH CONTINUING EDUCA-
 TION  REQUIREMENTS  AS SHALL BE PRESCRIBED BY REGULATIONS OF THE COMMIS-
 SIONER.
   2. DURING EACH TRIENNIAL REGISTRATION PERIOD, AN APPLICANT FOR  REGIS-
 TRATION  AS  A PSYCHOLOGIST SHALL COMPLETE A MINIMUM OF THIRTY-SIX HOURS
 OF ACCEPTABLE LEARNING ACTIVITIES, A MINIMUM OF  THREE  HOURS  OF  WHICH
 SHALL  BE  COURSE WORK IN THE AREA OF PROFESSIONAL ETHICS, INCLUDING THE
 LAWS, RULES AND REGULATIONS FOR PRACTICE IN NEW YORK.  ANY  PSYCHOLOGIST
 WHOSE  FIRST  REGISTRATION  DATE  FOLLOWING  THE  EFFECTIVE DATE OF THIS
 SECTION OCCURS LESS THAN THREE YEARS FROM SUCH EFFECTIVE DATE, BUT ON OR
 AFTER JANUARY FIRST, TWO THOUSAND TWENTY-ONE, SHALL COMPLETE  CONTINUING
 EDUCATION  HOURS  ON  A PRORATED BASIS AT THE RATE OF ONE HOUR PER MONTH
 FOR THE PERIOD BEGINNING JANUARY FIRST, TWO THOUSAND  TWENTY-ONE  UP  TO
 THE  FIRST  REGISTRATION  DATE  THEREAFTER.  A  PSYCHOLOGIST WHO HAS NOT
 SATISFIED THE MANDATORY CONTINUING EDUCATION REQUIREMENT  SHALL  NOT  BE
 ISSUED  A TRIENNIAL REGISTRATION CERTIFICATE BY THE DEPARTMENT AND SHALL
 NOT PRACTICE UNLESS AND UNTIL A CONDITIONAL REGISTRATION  IS  ISSUED  AS
 PROVIDED  FOR IN SUBDIVISION THREE OF THIS SECTION. CONTINUING EDUCATION
 HOURS TAKEN DURING ONE TRIENNIUM SHALL NOT BE TRANSFERRED TO THE  SUBSE-
 QUENT TRIENNIUM.
   3.  A.  THE  DEPARTMENT,  IN  ITS  DISCRETION, MAY ISSUE A CONDITIONAL
 REGISTRATION TO A PSYCHOLOGIST WHO FAILS TO MEET THE  CONTINUING  EDUCA-
 TION  REQUIREMENTS  ESTABLISHED  IN SUBDIVISION TWO OF THIS SECTION, BUT
 WHO AGREES TO MAKE UP  ANY  DEFICIENCIES  AND  COMPLETE  ANY  ADDITIONAL
 EDUCATION  WHICH  THE  DEPARTMENT MAY REQUIRE. THE FEE FOR SUCH A CONDI-
 TIONAL REGISTRATION SHALL BE THE SAME AS, AND IN ADDITION  TO,  THE  FEE
 FOR THE TRIENNIAL REGISTRATION.  THE DURATION OF SUCH CONDITIONAL REGIS-
 TRATION  SHALL BE DETERMINED BY THE DEPARTMENT, BUT SHALL NOT EXCEED ONE
 YEAR. ANY PSYCHOLOGIST WHO IS NOTIFIED OF THE DENIAL OF REGISTRATION FOR
 FAILURE TO SUBMIT EVIDENCE, SATISFACTORY TO THE DEPARTMENT, OF  REQUIRED
 CONTINUING  EDUCATION AND WHO PRACTICES WITHOUT SUCH REGISTRATION MAY BE
 SUBJECT TO  DISCIPLINARY  PROCEEDINGS  PURSUANT  TO  SECTION  SIXTY-FIVE
 HUNDRED TEN OF THIS ARTICLE.
   B. FOR PURPOSES OF THIS SECTION:
   (I) "ACCEPTABLE LEARNING ACTIVITIES" SHALL INCLUDE, BUT NOT BE LIMITED
 TO, FORMAL COURSES OF LEARNING WHICH CONTRIBUTE TO PROFESSIONAL PRACTICE
 S. 4007                            409                           A. 3007
 
 IN  PSYCHOLOGY  AND/OR  SELF-STUDY ACTIVITIES; INDEPENDENT STUDY; FORMAL
 MENTORING ACTIVITIES; PUBLICATION IN PROFESSIONAL JOURNALS; OR LECTURES,
 WHICH MEET THE STANDARDS PRESCRIBED BY REGULATIONS OF THE  COMMISSIONER;
 AND
   (II)  "FORMAL  COURSES  OF LEARNING" SHALL INCLUDE, BUT NOT BE LIMITED
 TO, COLLEGIATE LEVEL CREDIT AND NON-CREDIT COURSES, PROFESSIONAL  DEVEL-
 OPMENT  PROGRAMS  AND TECHNICAL SESSIONS OFFERED BY NATIONAL, STATE, AND
 LOCAL PROFESSIONAL ASSOCIATIONS AND OTHER  ORGANIZATIONS  ACCEPTABLE  TO
 THE  DEPARTMENT,  AND  ANY  OTHER  ORGANIZED  EDUCATIONAL  AND TECHNICAL
 PROGRAMS ACCEPTABLE TO THE DEPARTMENT. FORMAL  COURSES  SHALL  BE  TAKEN
 FROM A SPONSOR APPROVED BY THE DEPARTMENT, BASED UPON AN APPLICATION AND
 FEE, PURSUANT TO THE REGULATIONS OF THE COMMISSIONER.
   C.  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 CREDITS IN SPECIFIC SUBJECTS TO FULFILL THIS MANDA-
 TORY CONTINUING EDUCATION REQUIREMENT.
   D.  PSYCHOLOGISTS  SHALL MAINTAIN ADEQUATE DOCUMENTATION OF COMPLETION
 OF ACCEPTABLE  CONTINUING  EDUCATION  CREDITS  AND  SHALL  PROVIDE  SUCH
 DOCUMENTATION  AT THE REQUEST OF THE DEPARTMENT. FAILURE TO PROVIDE SUCH
 DOCUMENTATION UPON THE REQUEST OF THE DEPARTMENT  SHALL  BE  AN  ACT  OF
 MISCONDUCT  SUBJECT  TO  DISCIPLINARY  PROCEEDINGS  PURSUANT  TO SECTION
 SIXTY-FIVE HUNDRED TEN OF THIS ARTICLE.
   E. THE MANDATORY CONTINUING EDUCATION FEE SHALL BE DETERMINED  BY  THE
 DEPARTMENT.    SUCH  FEE  SHALL BE PAYABLE ON OR BEFORE THE FIRST DAY OF
 EACH TRIENNIAL REGISTRATION PERIOD, AND SHALL BE PAID IN ADDITION TO THE
 TRIENNIAL REGISTRATION FEE REQUIRED  BY  SUBDIVISION  EIGHT  OF  SECTION
 SEVENTY-SIX HUNDRED THREE OF THIS TITLE.
 
                                 TITLE 18
                                SOCIAL WORK
 SECTION 7700. INTRODUCTION.
         7701. DEFINITIONS.
         7702. AUTHORIZED  PRACTICE  AND  THE USE OF THE TITLES "LICENSED
                 MASTER SOCIAL  WORKER"  AND  "LICENSED  CLINICAL  SOCIAL
                 WORKER".
         7703. STATE BOARD FOR SOCIAL WORK.
         7704. REQUIREMENTS FOR A LICENSE.
         7705. LIMITED PERMITS.
         7706. EXEMPT PERSONS.
         7707. SPECIAL PROVISIONS.
         7708. BOUNDARIES OF PROFESSIONAL PRACTICE.
         7709. HOSPITAL PRIVILEGES.
         7710. MANDATORY CONTINUING EDUCATION.
   §  7700.  INTRODUCTION. THIS TITLE APPLIES TO THE PROFESSION AND PRAC-
 TICE OF SOCIAL WORK, THE PRACTICE OF LICENSED MASTER  SOCIAL  WORK,  AND
 THE  PRACTICE  OF  CLINICAL  SOCIAL  WORK,  AND TO THE USE OF THE TITLES
 "LICENSED MASTER SOCIAL WORKER", AND "LICENSED CLINICAL SOCIAL  WORKER".
 THE  GENERAL  PROVISIONS  FOR  ALL PROFESSIONS CONTAINED IN TITLE ONE OF
 THIS ARTICLE SHALL APPLY TO THIS TITLE.
   § 7701. DEFINITIONS. 1. PRACTICE OF LICENSED MASTER SOCIAL WORK.
   A. THE PRACTICE OF LICENSED MASTER SOCIAL WORK SHALL MEAN THE  PROFES-
 SIONAL APPLICATION OF SOCIAL WORK THEORY, PRINCIPLES, AND THE METHODS TO
 PREVENT,  ASSESS,  EVALUATE,  FORMULATE  AND  IMPLEMENT A PLAN OF ACTION
 BASED ON CLIENT NEEDS AND STRENGTHS, AND INTERVENE  TO  ADDRESS  MENTAL,
 SOCIAL,  EMOTIONAL,  BEHAVIORAL, DEVELOPMENTAL, AND ADDICTIVE DISORDERS,
 CONDITIONS AND DISABILITIES, AND OF THE PSYCHOSOCIAL ASPECTS OF  ILLNESS
 S. 4007                            410                           A. 3007
 
 AND INJURY EXPERIENCED BY INDIVIDUALS, COUPLES, FAMILIES, GROUPS, COMMU-
 NITIES, ORGANIZATIONS, AND SOCIETY.
   B.  LICENSED  MASTER  SOCIAL  WORKERS  ENGAGE IN THE ADMINISTRATION OF
 TESTS AND MEASURES OF PSYCHOSOCIAL FUNCTIONING,  SOCIAL  WORK  ADVOCACY,
 CASE  MANAGEMENT, COUNSELING, CONSULTATION, RESEARCH, ADMINISTRATION AND
 MANAGEMENT, AND TEACHING.
   C. LICENSED MASTER SOCIAL WORKERS PROVIDE  ALL  FORMS  OF  SUPERVISION
 OTHER  THAN SUPERVISION OF THE PRACTICE OF LICENSED CLINICAL SOCIAL WORK
 AS DEFINED IN SUBDIVISION TWO OF THIS SECTION.
   D. LICENSED MASTER SOCIAL WORKERS PRACTICE  LICENSED  CLINICAL  SOCIAL
 WORK  IN  FACILITY SETTINGS OR OTHER SUPERVISED SETTINGS APPROVED BY THE
 DEPARTMENT UNDER SUPERVISION IN ACCORDANCE WITH THE COMMISSIONER'S REGU-
 LATIONS.
   2. PRACTICE OF CLINICAL SOCIAL  WORK.  A.  THE  PRACTICE  OF  CLINICAL
 SOCIAL  WORK ENCOMPASSES THE SCOPE OF PRACTICE OF LICENSED MASTER SOCIAL
 WORK AND, IN ADDITION, INCLUDES  THE  DIAGNOSIS  OF  MENTAL,  EMOTIONAL,
 BEHAVIORAL,  ADDICTIVE  AND DEVELOPMENTAL DISORDERS AND DISABILITIES AND
 OF THE PSYCHOSOCIAL ASPECTS OF ILLNESS, INJURY, DISABILITY  AND  IMPAIR-
 MENT  UNDERTAKEN  WITHIN  A  PSYCHOSOCIAL  FRAMEWORK; ADMINISTRATION AND
 INTERPRETATION OF TESTS AND MEASURES OF PSYCHOSOCIAL FUNCTIONING; DEVEL-
 OPMENT AND  IMPLEMENTATION  OF  APPROPRIATE  ASSESSMENT-BASED  TREATMENT
 PLANS;  AND  THE  PROVISION  OF CRISIS ORIENTED PSYCHOTHERAPY AND BRIEF,
 SHORT-TERM AND LONG-TERM PSYCHOTHERAPY AND  PSYCHOTHERAPEUTIC  TREATMENT
 TO  INDIVIDUALS, COUPLES, FAMILIES AND GROUPS, HABILITATION, PSYCHOANAL-
 YSIS AND BEHAVIOR THERAPY; ALL UNDERTAKEN FOR THE PURPOSE OF PREVENTING,
 ASSESSING, TREATING, AMELIORATING AND RESOLVING PSYCHOSOCIAL DYSFUNCTION
 WITH THE GOAL OF MAINTAINING AND ENHANCING THE MENTAL, EMOTIONAL, BEHAV-
 IORAL, AND SOCIAL FUNCTIONING AND WELL-BEING  OF  INDIVIDUALS,  COUPLES,
 FAMILIES, SMALL GROUPS, ORGANIZATIONS, COMMUNITIES AND SOCIETY.
   B.  DIAGNOSIS IN THE CONTEXT OF LICENSED CLINICAL SOCIAL WORK PRACTICE
 IS THE PROCESS OF DISTINGUISHING, BEYOND GENERAL SOCIAL WORK ASSESSMENT,
 BETWEEN SIMILAR MENTAL, EMOTIONAL, BEHAVIORAL, DEVELOPMENTAL AND  ADDIC-
 TIVE  DISORDERS,  IMPAIRMENTS  AND  DISABILITIES  WITHIN  A PSYCHOSOCIAL
 FRAMEWORK ON THE BASIS  OF  THEIR  SIMILAR  AND  UNIQUE  CHARACTERISTICS
 CONSISTENT WITH ACCEPTED CLASSIFICATION SYSTEMS.
   C. PSYCHOTHERAPY IN THE CONTEXT OF LICENSED CLINICAL SOCIAL WORK PRAC-
 TICE  IS  THE  USE OF VERBAL METHODS IN INTERPERSONAL RELATIONSHIPS WITH
 THE INTENT OF ASSISTING A PERSON OR  PERSONS  TO  MODIFY  ATTITUDES  AND
 BEHAVIOR WHICH ARE INTELLECTUALLY, SOCIALLY, OR EMOTIONALLY MALADAPTIVE.
   D.  DEVELOPMENT  OF ASSESSMENT-BASED TREATMENT PLANS IN THE CONTEXT OF
 LICENSED CLINICAL SOCIAL WORK PRACTICE REFERS TO THE DEVELOPMENT  OF  AN
 INTEGRATED PLAN OF PRIORITIZED INTERVENTIONS, THAT IS BASED ON THE DIAG-
 NOSIS  AND  PSYCHOSOCIAL  ASSESSMENT  OF  THE CLIENT, TO ADDRESS MENTAL,
 EMOTIONAL, BEHAVIORAL, DEVELOPMENTAL AND  ADDICTIVE  DISORDERS,  IMPAIR-
 MENTS  AND  DISABILITIES, REACTIONS TO ILLNESSES, INJURIES, DISABILITIES
 AND IMPAIRMENTS, AND SOCIAL PROBLEMS.
   § 7702. AUTHORIZED PRACTICE AND THE USE OF THE TITLES "LICENSED MASTER
 SOCIAL WORKER" AND "LICENSED CLINICAL SOCIAL WORKER". 1. IN ADDITION  TO
 THE  LICENSED  SOCIAL WORK SERVICES INCLUDED IN SUBDIVISIONS ONE AND TWO
 OF SECTION SEVENTY-SEVEN HUNDRED ONE  OF  THIS  TITLE,  LICENSED  MASTER
 SOCIAL  WORKERS  AND  LICENSED  CLINICAL  SOCIAL WORKERS MAY PERFORM THE
 FOLLOWING SOCIAL WORK FUNCTIONS THAT DO NOT REQUIRE A LICENSE UNDER THIS
 TITLE, INCLUDING BUT NOT LIMITED TO:
   A. SERVE AS A  COMMUNITY  ORGANIZER,  PLANNER,  OR  ADMINISTRATOR  FOR
 SOCIAL SERVICE PROGRAMS IN ANY SETTING.
 S. 4007                            411                           A. 3007
 
   B.  PROVIDE  SUPERVISION  AND/OR  CONSULTATION TO INDIVIDUALS, GROUPS,
 INSTITUTIONS AND AGENCIES.
   C. SERVE AS A FACULTY MEMBER OR INSTRUCTOR IN AN EDUCATIONAL SETTING.
   D.  PLAN  AND/OR  CONDUCT  RESEARCH  PROJECTS  AND  PROGRAM EVALUATION
 STUDIES.
   E. MAINTAIN FAMILIARITY WITH BOTH PROFESSIONAL AND  SELF-HELP  SYSTEMS
 IN  THE  COMMUNITY  IN  ORDER TO ASSIST THE CLIENT IN SUCH SERVICES WHEN
 NECESSARY.
   F. PROVIDE ADVICE AND GUIDANCE AND ASSIST INDIVIDUALS OR  GROUPS  WITH
 DIFFICULT  DAY-TO-DAY  PROBLEMS  SUCH  AS  FINDING  EMPLOYMENT, LOCATING
 SOURCES OF ASSISTANCE, AND ORGANIZING COMMUNITY  GROUPS  TO  WORK  ON  A
 SPECIFIC PROBLEM.
   G.  CONSULT WITH OTHER AGENCIES ON PROBLEMS AND CASES SERVED IN COMMON
 AND COORDINATING SERVICES AMONG AGENCIES OR PROVIDING CASE MANAGEMENT.
   H. CONDUCT DATA GATHERING ON SOCIAL PROBLEMS.
   I. SERVE AS AN ADVOCATE FOR CLIENTS OR GROUPS OF CLIENTS  WHOSE  NEEDS
 ARE NOT BEING MET BY AVAILABLE PROGRAMS OR BY A SPECIFIC AGENCY.
   J.  ASSESS,  EVALUATE,  AND FORMULATE A PLAN OF ACTION BASED ON CLIENT
 NEED.
   K. PROVIDE TRAINING TO COMMUNITY GROUPS, AGENCIES, AND  OTHER  PROFES-
 SIONALS.
   L. PROVIDE ADMINISTRATIVE SUPERVISION.
   M. PROVIDE PEER SERVICES.
   N.  COLLECT  BASIC  INFORMATION,  GATHERING  OF  DEMOGRAPHIC DATA, AND
 INFORMAL OBSERVATIONS, SCREENING AND REFERRAL USED FOR GENERAL ELIGIBIL-
 ITY FOR A PROGRAM OR SERVICE AND DETERMINING THE FUNCTIONAL STATUS OF AN
 INDIVIDUAL FOR THE PURPOSE OF DETERMINING THE NEED FOR SERVICES.
   2. A. ONLY A PERSON LICENSED OR EXEMPT UNDER THIS TITLE SHALL PRACTICE
 "LICENSED MASTER SOCIAL WORK" AS DEFINED IN SUBDIVISION ONE  OF  SECTION
 SEVENTY-SEVEN HUNDRED ONE OF THIS TITLE.
   B.  ONLY  A  PERSON  LICENSED  PURSUANT  TO SUBDIVISION ONE OF SECTION
 SEVENTY-SEVEN HUNDRED FOUR OF THIS TITLE SHALL USE THE  TITLE  "LICENSED
 MASTER SOCIAL WORKER" OR THE DESIGNATION "LMSW".
   3. A. ONLY A PERSON LICENSED OR EXEMPT UNDER THIS TITLE SHALL PRACTICE
 "LICENSED CLINICAL SOCIAL WORK" AS DEFINED IN SUBDIVISION TWO OF SECTION
 SEVENTY-SEVEN HUNDRED ONE OF THIS TITLE.
   B.  ONLY  A  PERSON  LICENSED  PURSUANT  TO SUBDIVISION TWO OF SECTION
 SEVENTY-SEVEN HUNDRED FOUR OF THIS TITLE SHALL USE THE  TITLE  "LICENSED
 CLINICAL SOCIAL WORKER" OR THE DESIGNATION "LCSW".
   §  7703.  STATE  BOARD  FOR SOCIAL WORK. A STATE BOARD FOR SOCIAL WORK
 SHALL BE APPOINTED BY THE COMMISSIONER FOR THE PURPOSE OF ASSISTING  THE
 DEPARTMENT  ON  MATTERS OF PROFESSIONAL LICENSING, PRACTICE, AND CONDUCT
 IN ACCORDANCE WITH SECTION SIXTY-FIVE HUNDRED EIGHT OF THIS ARTICLE. THE
 BOARD SHALL BE COMPOSED OF NOT LESS THAN TWELVE MEMBERS, OF  WHICH  FIVE
 SHALL BE LICENSED CLINICAL SOCIAL WORKERS, FIVE SHALL BE LICENSED MASTER
 SOCIAL WORKERS AND TWO MEMBERS OF THE PUBLIC. MEMBERS OF THE FIRST BOARD
 NEED  NOT BE LICENSED PRIOR TO THEIR APPOINTMENT TO THE BOARD. THE TERMS
 OF THE FIRST APPOINTED MEMBERS SHALL  BE  STAGGERED  SO  THAT  FOUR  ARE
 APPOINTED  FOR  THREE YEARS, FOUR ARE APPOINTED FOR FOUR YEARS, AND FOUR
 ARE APPOINTED FOR FIVE YEARS. AN EXECUTIVE SECRETARY TO THE BOARD  SHALL
 BE  APPOINTED BY THE COMMISSIONER AND SHALL BE LICENSED PURSUANT TO THIS
 TITLE. AS USED IN THIS TITLE, "THE BOARD" SHALL MEAN THE STATE BOARD FOR
 SOCIAL WORK AS APPOINTED PURSUANT TO THIS SECTION.
   § 7704. REQUIREMENTS FOR A LICENSE. 1. TO QUALIFY FOR A LICENSE  AS  A
 "LICENSED MASTER SOCIAL WORKER" AN APPLICANT SHALL FULFILL THE FOLLOWING
 REQUIREMENTS:
 S. 4007                            412                           A. 3007
 
   A. APPLICATION: FILE AN APPLICATION WITH THE DEPARTMENT;
   B.  EDUCATION:  HAVE  RECEIVED  AN  EDUCATION, INCLUDING A MASTER'S OF
 SOCIAL WORK DEGREE FROM A  PROGRAM  REGISTERED  BY  THE  DEPARTMENT,  OR
 DETERMINED  BY  THE  DEPARTMENT  TO  BE  THE  SUBSTANTIAL EQUIVALENT, IN
 ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS;
   C. EXPERIENCE: MEET NO REQUIREMENT AS TO EXPERIENCE;
   D. EXAMINATION: PASS AN EXAMINATION SATISFACTORY TO THE BOARD  AND  IN
 ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS;
   E. AGE: BE AT LEAST TWENTY-ONE YEARS OF AGE;
   F.  CHARACTER: BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE DEPART-
 MENT; AND
   G. FEES: PAY A FEE OF ONE HUNDRED FIFTEEN DOLLARS  TO  THE  DEPARTMENT
 FOR  AN INITIAL LICENSE, AND A FEE OF ONE HUNDRED FIFTY-FIVE DOLLARS FOR
 EACH TRIENNIAL REGISTRATION  PERIOD.  AN  ADDITIONAL  SURCHARGE  IN  THE
 AMOUNT  OF  FIVE  DOLLARS SHALL BE PAID WITH EACH TRIENNIAL REGISTRATION
 FEE AND SHALL BE USED FOR THE MARKETING AND EVALUATION  OF  THE  REGENTS
 LICENSED  SOCIAL  WORKER LOAN FORGIVENESS PROGRAM ESTABLISHED BY SECTION
 SIX HUNDRED FIVE OF THE EDUCATION LAW.
   2. TO QUALIFY FOR A LICENSE AS A "LICENSED CLINICAL SOCIAL WORKER", AN
 APPLICANT SHALL FULFILL THE FOLLOWING REQUIREMENTS:
   A. APPLICATION: FILE AN APPLICATION WITH THE DEPARTMENT;
   B. EDUCATION: HAVE RECEIVED AN  EDUCATION,  INCLUDING  A  MASTER'S  OF
 SOCIAL  WORK  DEGREE  FROM  A  PROGRAM  REGISTERED BY THE DEPARTMENT, OR
 DETERMINED BY THE DEPARTMENT TO  BE  THE  SUBSTANTIAL  EQUIVALENT,  THAT
 INCLUDES  COMPLETION OF A CORE CURRICULUM WHICH INCLUDES AT LEAST TWELVE
 CREDIT HOURS OF CLINICAL COURSES, IN ACCORDANCE WITH THE  COMMISSIONER'S
 REGULATIONS;  A PERSON WHO HAS RECEIVED A MASTER'S, OR EQUIVALENT DEGREE
 IN SOCIAL WORK, DURING WHICH THEY DID NOT  COMPLETE  A  CORE  CURRICULUM
 WHICH  INCLUDES  CLINICAL  COURSES,  MAY  SATISFY  THIS  REQUIREMENT  BY
 COMPLETING EQUIVALENT POST-GRADUATE CLINICAL COURSEWORK,  IN  ACCORDANCE
 WITH THE COMMISSIONER'S REGULATIONS;
   C.  EXPERIENCE:  HAVE  AT LEAST THREE YEARS FULL-TIME SUPERVISED POST-
 GRADUATE CLINICAL SOCIAL WORK EXPERIENCE  IN  DIAGNOSIS,  PSYCHOTHERAPY,
 AND  ASSESSMENT-BASED  TREATMENT  PLANS,  OR  ITS  PART-TIME EQUIVALENT,
 OBTAINED OVER A CONTINUOUS PERIOD NOT TO EXCEED  SIX  YEARS,  UNDER  THE
 SUPERVISION,  SATISFACTORY  TO  THE  DEPARTMENT,  OF  A  PSYCHIATRIST, A
 LICENSED PSYCHOLOGIST, OR A LICENSED CLINICAL SOCIAL WORKER IN A FACILI-
 TY SETTING OR OTHER SUPERVISED  SETTINGS  APPROVED  BY  THE  DEPARTMENT.
 SATISFACTORY  EXPERIENCE  OBTAINED IN AN ENTITY OPERATING UNDER A WAIVER
 ISSUED BY THE DEPARTMENT PURSUANT TO SECTION SIXTY-FIVE HUNDRED  THREE-A
 OF  THIS ARTICLE MAY BE ACCEPTED BY THE DEPARTMENT, NOTWITHSTANDING THAT
 SUCH EXPERIENCE MAY HAVE BEEN OBTAINED PRIOR TO THE  EFFECTIVE  DATE  OF
 SUCH  SECTION  SIXTY-FIVE  HUNDRED  THREE-A  AND/OR  PRIOR TO THE ENTITY
 HAVING OBTAINED A WAIVER. THE DEPARTMENT  MAY,  FOR  GOOD  CAUSE  SHOWN,
 ACCEPT SATISFACTORY EXPERIENCE THAT WAS OBTAINED IN A SETTING THAT WOULD
 HAVE BEEN ELIGIBLE FOR A WAIVER BUT WHICH HAS NOT OBTAINED A WAIVER FROM
 THE  DEPARTMENT  OR  EXPERIENCE  THAT  WAS OBTAINED IN GOOD FAITH BY THE
 APPLICANT UNDER THE  BELIEF  THAT  APPROPRIATE  AUTHORIZATION  HAD  BEEN
 OBTAINED  FOR  THE  EXPERIENCE,  PROVIDED THAT SUCH EXPERIENCE MEETS ALL
 OTHER REQUIREMENTS FOR ACCEPTABLE EXPERIENCE;
   D. EXAMINATION: PASS AN EXAMINATION SATISFACTORY TO THE BOARD  AND  IN
 ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS;
   E. AGE: BE AT LEAST TWENTY-ONE YEARS OF AGE;
   F.  CHARACTER: BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE DEPART-
 MENT; AND
 S. 4007                            413                           A. 3007
 
   G. FEES: PAY A FEE OF ONE HUNDRED FIFTEEN DOLLARS  TO  THE  DEPARTMENT
 FOR  AN  INITIAL LICENSE AND A FEE OF ONE HUNDRED FIFTY-FIVE DOLLARS FOR
 EACH TRIENNIAL REGISTRATION PERIOD.
   §  7705.  LIMITED  PERMITS.  1.  ON  RECOMMENDATION  OF THE BOARD, THE
 DEPARTMENT MAY ISSUE A LIMITED  PERMIT  TO  PRACTICE  LICENSED  CLINICAL
 SOCIAL  WORK  AND  USE  THE TITLE LICENSED CLINICAL SOCIAL WORKER, OR TO
 PRACTICE LICENSED MASTER SOCIAL WORK AND USE THE TITLE  LICENSED  MASTER
 SOCIAL WORKER TO AN APPLICANT WHO HAS MET ALL REQUIREMENTS FOR LICENSURE
 AS  A LICENSED MASTER SOCIAL WORKER OR A LICENSED CLINICAL SOCIAL WORKER
 EXCEPT THOSE RELATING TO THE EXAMINATION AND PROVIDED THAT THE  INDIVID-
 UAL  IS UNDER THE GENERAL SUPERVISION OF A LICENSED MASTER SOCIAL WORKER
 OR A LICENSED CLINICAL SOCIAL WORKER, AS DETERMINED BY  THE  DEPARTMENT.
 THIS  LIMITED PERMIT SHALL BE VALID FOR A PERIOD OF NOT MORE THAN TWELVE
 MONTHS.
   2. THE FEE FOR EACH LIMITED PERMIT SHALL BE SEVENTY DOLLARS.
   § 7706. EXEMPT PERSONS. NOTHING  CONTAINED  IN  THIS  TITLE  SHALL  BE
 CONSTRUED TO:
   1.  APPLY TO THE PRACTICE, CONDUCT, ACTIVITIES, SERVICES OR USE OF ANY
 TITLE BY ANY PERSON LICENSED OR OTHERWISE AUTHORIZED TO  PRACTICE  MEDI-
 CINE  WITHIN  THE  STATE PURSUANT TO TITLE TWO OF THIS ARTICLE OR BY ANY
 PERSON REGISTERED TO PERFORM SERVICES AS A  PHYSICIAN  ASSISTANT  WITHIN
 THE  STATE  PURSUANT  TO  TITLE  FOUR  OF  THIS ARTICLE OR BY ANY PERSON
 LICENSED OR OTHERWISE AUTHORIZED  TO  PRACTICE  PSYCHOLOGY  WITHIN  THIS
 STATE  PURSUANT  TO  TITLE  SEVENTEEN  OF  THIS ARTICLE OR BY ANY PERSON
 LICENSED OR OTHERWISE AUTHORIZED TO PRACTICE  NURSING  AS  A  REGISTERED
 PROFESSIONAL  NURSE  OR NURSE PRACTITIONER WITHIN THIS STATE PURSUANT TO
 TITLE TWELVE OF THIS ARTICLE OR BY  ANY  PERSON  LICENSED  OR  OTHERWISE
 AUTHORIZED  TO  PRACTICE OCCUPATIONAL THERAPY WITHIN THIS STATE PURSUANT
 TO TITLE TWENTY OF THIS ARTICLE 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 TITLE TWENTY-FIVE OF THIS ARTICLE OR BY ANY PERSON LICENSED
 OR OTHERWISE AUTHORIZED TO PRACTICE APPLIED BEHAVIOR ANALYSIS WITHIN THE
 STATE PURSUANT TO TITLE TWENTY-NINE OF THIS ARTICLE; PROVIDED,  HOWEVER,
 THAT  NO  PHYSICIAN, PHYSICIAN ASSISTANT, REGISTERED PROFESSIONAL NURSE,
 NURSE  PRACTITIONER,  PSYCHOLOGIST,  OCCUPATIONAL  THERAPIST,   LICENSED
 MENTAL   HEALTH  COUNSELOR,  LICENSED  MARRIAGE  AND  FAMILY  THERAPIST,
 LICENSED  CREATIVE  ARTS  THERAPIST,  LICENSED  PSYCHOANALYST,  LICENSED
 BEHAVIOR  ANALYST  OR  CERTIFIED  BEHAVIOR ANALYST ASSISTANT MAY USE THE
 TITLES "LICENSED CLINICAL SOCIAL  WORKER"  OR  "LICENSED  MASTER  SOCIAL
 WORKER", UNLESS LICENSED UNDER THIS TITLE.
   2.  PREVENT  OR  PROHIBIT  AN INDIVIDUAL POSSESSING A BACCALAUREATE OF
 SOCIAL WORK DEGREE OR ITS EQUIVALENT FROM THE PERFORMANCE OF  ACTIVITIES
 AND SERVICES WITHIN THE SCOPE OF PRACTICE OF LICENSED MASTER SOCIAL WORK
 AS  DEFINED IN PARAGRAPHS A AND B OF SUBDIVISION ONE OF SECTION SEVENTY-
 SEVEN HUNDRED ONE OF THIS TITLE UNDER SUPERVISION BY A  LICENSED  MASTER
 SOCIAL  WORKER,  A LICENSED CLINICAL SOCIAL WORKER OR IN ACCORDANCE WITH
 THE COMMISSIONER'S REGULATIONS.
   3. PREVENT OR PROHIBIT  A  LICENSED  MASTER  SOCIAL  WORKER  FROM  THE
 PERFORMANCE  OF  ACTIVITIES AND SERVICES WITHIN THE SCOPE OF PRACTICE OF
 LICENSED CLINICAL SOCIAL WORK AS DEFINED IN SUBDIVISION TWO  OF  SECTION
 SEVENTY-SEVEN  HUNDRED ONE OF THIS TITLE IN A FACILITY SETTING AND UNDER
 SUPERVISION IN ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS.
   4. PREVENT OR PROHIBIT THE  PERFORMANCE  OF  ACTIVITIES  AND  SERVICES
 WITHIN  THE  SCOPE OF PRACTICE OF LICENSED MASTER SOCIAL WORK AS DEFINED
 IN SUBDIVISION ONE OF SECTION SEVENTY-SEVEN HUNDRED ONE OF THIS TITLE BY
 S. 4007                            414                           A. 3007
 
 INDIVIDUALS, CHURCHES, SCHOOLS, TEACHERS, ORGANIZATIONS, OR NOT-FOR-PRO-
 FIT BUSINESSES WHICH ARE PROVIDING INSTRUCTION, ADVICE, SUPPORT, ENCOUR-
 AGEMENT OR INFORMATION TO INDIVIDUALS, FAMILIES, AND RELATIONAL GROUPS.
   5.  PREVENT  OR  PROHIBIT  THE  PERFORMANCE OF ACTIVITIES AND SERVICES
 WITHIN THE SCOPE OF PRACTICE OF LICENSED MASTER SOCIAL WORK OR  LICENSED
 CLINICAL  SOCIAL WORK AS DEFINED IN SECTION SEVENTY-SEVEN HUNDRED ONE OF
 THIS TITLE BY THE FOLLOWING:
   A. ANY INDIVIDUAL WHO IS CREDENTIALED UNDER ANY LAW, INCLUDING  ATTOR-
 NEYS,  RAPE  CRISIS  COUNSELORS,  CREDENTIALED  ALCOHOLISM AND SUBSTANCE
 ABUSE COUNSELORS WHOSE SCOPE OF PRACTICE INCLUDES THE PRACTICES  DEFINED
 IN  SECTION  SEVENTY-SEVEN  HUNDRED ONE OF THIS TITLE FROM PERFORMING OR
 CLAIMING TO PERFORM WORK AUTHORIZED BY  APPLICABLE  PROVISIONS  OF  THIS
 CHAPTER AND THE MENTAL HYGIENE LAW;
   B.  PROVISION  OF  PASTORAL  COUNSELING  SERVICES BY ANY MEMBER OF THE
 CLERGY OR CHRISTIAN SCIENCE PRACTITIONER, FROM PROVIDING PASTORAL  COUN-
 SELING  SERVICES  WITHIN THE CONTEXT OF HIS OR HER MINISTERIAL CHARGE OR
 OBLIGATION;
   C. STUDENTS WHO ARE ENROLLED IN A  BACCALAUREATE  OF  SOCIAL  WORK  OR
 PROFESSIONAL  GRADUATE LEVEL SOCIAL WORK PROGRAM OF STUDY, AND WHICH ARE
 REQUIRED TO PERFORM AS PART OF THE FIELD WORK COMPONENT OF SUCH PROGRAM,
 SERVICES PROVIDED UNDER THE  SUPERVISION  OF  A  FIELD  WORK  SUPERVISOR
 APPROVED BY THE PROGRAM;
   D.  ON THE PART OF A STUDENT OR TRAINEE WHO IS ENROLLED IN AN INSTITU-
 TION OR PROGRAM REGISTERED BY THE DEPARTMENT OR ACCREDITED BY AN ACCRED-
 ITING ORGANIZATION ACCEPTABLE TO THE DEPARTMENT TO PROVIDE TRAINING IN A
 DISCIPLINE OR PROFESSION, OTHER THAN  SOCIAL  WORK  OR  CLINICAL  SOCIAL
 WORK, THAT IS LICENSED PURSUANT TO THIS TITLE, WHERE SUCH ACTIVITIES AND
 SERVICES  ARE  AUTHORIZED WITHIN THE DEFINITION OF THE SCOPE OF PRACTICE
 OF THE PROFESSION, OR DISCIPLINE IN WHICH HE OR SHE IS BEING TRAINED  AS
 SET  FORTH  IN  THE  EDUCATION  LAW  OR  THE COMMISSIONER'S REGULATIONS,
 PROVIDED THAT SUCH SERVICES ARE PERFORMED UNDER THE REGULAR AND  ONGOING
 SUPERVISION OF A LICENSEE IN THE PROFESSION OR DISCIPLINE IN WHICH HE OR
 SHE  IS  BEING  TRAINED  WHO ASSUMES PROFESSIONAL RESPONSIBILITY FOR THE
 SERVICES PERFORMED UNDER HIS OR HER SUPERVISION AND THAT SUCH ACTIVITIES
 AND THE PROVISION OF SUCH SERVICES ARE A FORMAL PART OF THE PROFESSIONAL
 TRAINING PROGRAM IN WHICH HE OR SHE IS ENROLLED;
   E. ANY FEDERAL, STATE, COUNTY OR MUNICIPAL EMPLOYEE  PERFORMING  CLIN-
 ICAL  SOCIAL  WORK  SERVICES UPON THE EFFECTIVE DATE OF THIS SECTION FOR
 THE PERIOD DURING WHICH THEY MAINTAIN SUCH EMPLOYMENT WITH SUCH  GOVERN-
 MENTAL  UNIT  WITHIN THE CONTEXT OF SUCH EMPLOYMENT AND SHALL BE LIMITED
 TO THE SERVICES PROVIDED UPON SUCH EFFECTIVE DATE; AND
   F. ANY EMPLOYEE PERFORMING CLINICAL SOCIAL WORK SERVICES ON THE EFFEC-
 TIVE DATE OF THIS SECTION FOR THE PERIOD DURING WHICH THEY MAINTAIN SUCH
 EMPLOYMENT WITH SUCH ENTITY WITHIN THE CONTEXT OF SUCH  EMPLOYMENT,  AND
 SHALL BE LIMITED TO THE SERVICES PROVIDED PRIOR TO SUCH EFFECTIVE DATE.
   6.  PROHIBIT  THE  PRACTICE OF LICENSED MASTER SOCIAL WORK OR LICENSED
 CLINICAL SOCIAL WORK, TO THE EXTENT  PERMISSIBLE  WITHIN  THE  SCOPE  OF
 PRACTICE  OF  SUCH  PROFESSIONS,  BY  ANY  NOT-FOR-PROFIT CORPORATION OR
 EDUCATION CORPORATION PROVIDING SERVICES WITHIN THE STATE  OF  NEW  YORK
 AND  OPERATING  UNDER  A  WAIVER  PURSUANT TO SECTION SIXTY-FIVE HUNDRED
 THREE-A OF THIS ARTICLE, PROVIDED THAT SUCH ENTITIES  OFFERING  LICENSED
 MASTER  SOCIAL WORK OR LICENSED CLINICAL SOCIAL WORK SERVICES SHALL ONLY
 PROVIDE SUCH SERVICES THROUGH AN INDIVIDUAL  APPROPRIATELY  LICENSED  OR
 OTHERWISE  AUTHORIZED  TO PROVIDE SUCH SERVICES OR A PROFESSIONAL ENTITY
 AUTHORIZED BY LAW TO PROVIDE SUCH SERVICES.
 S. 4007                            415                           A. 3007
 
   7. A. PREVENT A PERSON WITHOUT A LICENSE FROM: PERFORMING  ASSESSMENTS
 INCLUDING  BUT NOT LIMITED TO BASIC INFORMATION COLLECTION, GATHERING OF
 DEMOGRAPHIC DATA, AND INFORMAL OBSERVATIONS, SCREENING AND REFERRAL USED
 FOR GENERAL ELIGIBILITY FOR A PROGRAM OR  SERVICE  AND  DETERMINING  THE
 FUNCTIONAL  STATUS  OF AN INDIVIDUAL FOR THE PURPOSE OF DETERMINING NEED
 FOR SERVICES; ADVISING  INDIVIDUALS  REGARDING  THE  APPROPRIATENESS  OF
 BENEFITS  THEY  ARE  ELIGIBLE FOR; PROVIDING GENERAL ADVICE AND GUIDANCE
 AND ASSISTING INDIVIDUALS OR GROUPS WITH DIFFICULT DAY TO  DAY  PROBLEMS
 SUCH AS FINDING EMPLOYMENT, LOCATING SOURCES OF ASSISTANCE, AND ORGANIZ-
 ING  COMMUNITY  GROUPS  TO  WORK  ON  A SPECIFIC PROBLEM; PROVIDING PEER
 SERVICES; SELECTING FOR SUITABILITY AND PROVIDING SUBSTANCE ABUSE TREAT-
 MENT SERVICES OR GROUP RE-ENTRY SERVICES TO INCARCERATED INDIVIDUALS  IN
 STATE  CORRECTIONAL  FACILITIES;  OR PROVIDING SUBSTANCE ABUSE TREATMENT
 SERVICES OR RE-ENTRY  SERVICES  TO  INCARCERATED  INDIVIDUALS  IN  LOCAL
 CORRECTIONAL FACILITIES.
   B.  PREVENT  A  PERSON  WITHOUT A LICENSE FROM CREATING, DEVELOPING OR
 IMPLEMENTING A SERVICE PLAN OR RECOVERY PLAN THAT IS  NOT  A  BEHAVIORAL
 HEALTH  DIAGNOSIS  OR  TREATMENT  PLAN.   SUCH SERVICE OR RECOVERY PLANS
 SHALL INCLUDE, BUT ARE  NOT  LIMITED  TO,  COORDINATING,  EVALUATING  OR
 DETERMINING  THE  NEED  FOR, OR THE PROVISION OF THE FOLLOWING SERVICES:
 JOB TRAINING AND EMPLOYABILITY; HOUSING; HOMELESS SERVICES AND  SHELTERS
 FOR  HOMELESS  INDIVIDUALS  AND FAMILIES; REFUGEE SERVICES; RESIDENTIAL,
 DAY OR  COMMUNITY  HABILITATION  SERVICES;  GENERAL  PUBLIC  ASSISTANCE;
 IN-HOME   SERVICES   AND  SUPPORTS  OR  HOME-DELIVERED  MEALS;  RECOVERY
 SUPPORTS; ADULT OR CHILD PROTECTIVE SERVICES  INCLUDING  INVESTIGATIONS;
 DETENTION  AS  DEFINED IN SECTION FIVE HUNDRED TWO OF THE EXECUTIVE LAW;
 PREVENTION AND RESIDENTIAL SERVICES FOR VICTIMS  OF  DOMESTIC  VIOLENCE;
 SERVICES  FOR RUNAWAY AND HOMELESS YOUTH; FOSTER CARE, ADOPTION, PREVEN-
 TIVE SERVICES OR SERVICES IN ACCORDANCE WITH AN APPROVED  PLAN  PURSUANT
 TO  SECTION  FOUR  HUNDRED  FOUR  OF THE SOCIAL SERVICES LAW, INCLUDING,
 ADOPTION AND FOSTER HOME STUDIES AND ASSESSMENTS, FAMILY SERVICE  PLANS,
 TRANSITION  PLANS,  PERMANENCY PLANNING ACTIVITIES, AND CASE PLANNING OR
 CASE MANAGEMENT AS SUCH TERMS ARE DEFINED  IN  THE  REGULATIONS  OF  THE
 OFFICE OF CHILDREN AND FAMILY SERVICES; RESIDENTIAL REHABILITATION; HOME
 AND   COMMUNITY  BASED  SERVICES;  AND  DE-ESCALATION  TECHNIQUES,  PEER
 SERVICES OR SKILL DEVELOPMENT.
   C. (I) PREVENT A PERSON WITHOUT A  LICENSE  FROM  PARTICIPATING  AS  A
 MEMBER  OF  A MULTI-DISCIPLINARY TEAM TO ASSIST IN THE DEVELOPMENT OF OR
 IMPLEMENTATION OF  A  BEHAVIORAL  HEALTH  SERVICES  OR  TREATMENT  PLAN;
 PROVIDED THAT SUCH TEAM SHALL INCLUDE ONE OR MORE PROFESSIONALS LICENSED
 UNDER THIS TITLE OR TITLES TWO, TWELVE, SEVENTEEN OR TWENTY-FIVE OF THIS
 ARTICLE; AND PROVIDED, FURTHER, THAT THE ACTIVITIES PERFORMED BY MEMBERS
 OF THE TEAM SHALL BE CONSISTENT WITH THE SCOPE OF PRACTICE FOR EACH TEAM
 MEMBER  LICENSED  OR  AUTHORIZED  UNDER TITLE EIGHT OF THIS ARTICLE, AND
 THOSE WHO ARE  NOT  SO  AUTHORIZED  MAY  NOT  ENGAGE  IN  THE  FOLLOWING
 RESTRICTED  PRACTICES:  THE  DIAGNOSIS OF MENTAL, EMOTIONAL, BEHAVIORAL,
 ADDICTIVE AND DEVELOPMENTAL DISORDERS AND DISABILITIES; PATIENT  ASSESS-
 MENT  AND  EVALUATING; THE PROVISION OF PSYCHOTHERAPEUTIC TREATMENT; THE
 PROVISION OF TREATMENT OTHER THAN PSYCHOTHERAPEUTIC TREATMENT; OR  INDE-
 PENDENTLY  DEVELOPING  AND IMPLEMENTING ASSESSMENT-BASED TREATMENT PLANS
 AS DEFINED IN SECTION SEVENTY-SEVEN HUNDRED ONE OF THIS TITLE.
   (II) FOR THE PURPOSES OF THIS PARAGRAPH, "ASSIST" SHALL  INCLUDE,  BUT
 NOT  BE LIMITED TO, THE PROVISION OR PERFORMANCE OF THE FOLLOWING TASKS,
 SERVICES, OR FUNCTIONS BY AN INDIVIDUAL WHO HAS  OBTAINED  THE  TRAINING
 AND  EXPERIENCE  REQUIRED  BY  THE  APPLICABLE STATE OVERSIGHT AGENCY TO
 PERFORM SUCH TASK, SERVICE OR FUNCTION IN FACILITIES OR PROGRAMS OPERAT-
 S. 4007                            416                           A. 3007

 ING PURSUANT TO ARTICLE NINETEEN-G OF THE EXECUTIVE LAW; ARTICLES SEVEN,
 SIXTEEN, THIRTY-ONE OR THIRTY-TWO OF THE MENTAL HYGIENE  LAW;  OR  TITLE
 THREE OF ARTICLE SEVEN OF THE SOCIAL SERVICES LAW:
   (1)  HELPING  AN  INDIVIDUAL WITH THE COMPLETION OF FORMS OR QUESTION-
 NAIRES;
   (2) REVIEWING EXISTING CASE RECORDS AND COLLECTING BACKGROUND INFORMA-
 TION ABOUT AN INDIVIDUAL WHICH MAY BE USED BY THE LICENSED  PROFESSIONAL
 OR MULTI-DISCIPLINARY TEAM;
   (3)  GATHERING  AND  REPORTING  INFORMATION  ABOUT PREVIOUS BEHAVIORAL
 HEALTH INTERVENTIONS, HOSPITALIZATIONS, DOCUMENTED DIAGNOSIS,  OR  PRIOR
 TREATMENT FOR REVIEW BY THE LICENSED PROFESSIONAL AND MULTI-DISCIPLINARY
 TEAM;
   (4)  DISCUSSING  WITH  THE  INDIVIDUAL  HIS  OR  HER SITUATION, NEEDS,
 CONCERNS, AND THOUGHTS IN ORDER TO HELP IDENTIFY SERVICES  THAT  SUPPORT
 THE INDIVIDUAL'S GOALS, INDEPENDENCE, AND QUALITY OF LIFE;
   (5)  PROVIDING  ADVICE, INFORMATION, AND ASSISTANCE TO INDIVIDUALS AND
 FAMILY MEMBERS TO IDENTIFY NEEDS AND AVAILABLE RESOURCES IN THE COMMUNI-
 TY TO HELP MEET THE NEEDS OF THE INDIVIDUAL OR FAMILY MEMBER;
   (6) ENGAGING IN IMMEDIATE AND LONG-TERM PROBLEM SOLVING,  ENGAGING  IN
 THE  DEVELOPMENT  OF  SOCIAL  SKILLS, OR PROVIDING GENERAL HELP IN AREAS
 INCLUDING, BUT NOT LIMITED TO, HOUSING, EMPLOYMENT, CHILD CARE,  PARENT-
 ING, COMMUNITY-BASED SERVICES, AND FINANCES;
   (7) DISTRIBUTING PAPER COPIES OF SELF-ADMINISTERED TESTS FOR THE INDI-
 VIDUAL  TO  COMPLETE  WHEN SUCH TESTS DO NOT REQUIRE THE OBSERVATION AND
 JUDGMENT OF A LICENSED PROFESSIONAL;
   (8) MONITORING TREATMENT BY THE COLLECTION OF WRITTEN AND/OR  OBSERVA-
 TIONAL  DATA  IN ACCORDANCE WITH THE TREATMENT PLAN AND PROVIDING VERBAL
 OR WRITTEN REPORTS TO THE MULTI-DISCIPLINARY TEAM;
   (9) IDENTIFYING GAPS IN SERVICES AND COORDINATING ACCESS TO OR ARRANG-
 ING  SERVICES  FOR  INDIVIDUALS  SUCH  AS  HOME  CARE,   COMMUNITY-BASED
 SERVICES,  HOUSING,  EMPLOYMENT,  TRANSPORTATION, CHILD CARE, VOCATIONAL
 TRAINING, OR HEALTH CARE;
   (10)  OFFERING  EDUCATION  PROGRAMS  THAT  PROVIDE  INFORMATION  ABOUT
 DISEASE  IDENTIFICATION AND RECOMMENDED TREATMENTS THAT MAY BE PROVIDED,
 AND HOW TO ACCESS SUCH TREATMENT;
   (11) REPORTING ON BEHAVIOR, ACTIONS, AND  RESPONSES  TO  TREATMENT  BY
 COLLECTING  WRITTEN  AND/OR OBSERVATIONAL DATA AS PART OF A MULTI-DISCI-
 PLINARY TEAM;
   (12) USING DE-ESCALATION TECHNIQUES CONSISTENT WITH APPROPRIATE TRAIN-
 ING;
   (13) PERFORMING ASSESSMENTS USING STANDARDIZED,  STRUCTURED  INTERVIEW
 TOOLS OR INSTRUMENTS;
   (14)  DIRECTLY  DELIVERING  SERVICES OUTLINED IN THE SERVICE PLAN THAT
 ARE NOT CLINICAL IN NATURE BUT HAVE BEEN TAILORED TO AN INDIVIDUAL BASED
 ON ANY DIAGNOSES SUCH INDIVIDUAL  MAY  HAVE  RECEIVED  FROM  A  LICENSED
 PROFESSIONAL; AND
   (15) ADVOCATING WITH EDUCATIONAL, JUDICIAL OR OTHER SYSTEMS TO PROTECT
 AN INDIVIDUAL'S RIGHTS AND ACCESS TO APPROPRIATE SERVICES.
   D.  PROVIDED,  FURTHER,  THAT  NOTHING  IN  THIS  SUBDIVISION SHALL BE
 CONSTRUED AS REQUIRING A LICENSE FOR ANY PARTICULAR ACTIVITY OR FUNCTION
 BASED SOLELY ON THE FACT THAT THE ACTIVITY OR FUNCTION IS NOT LISTED  IN
 THIS SUBDIVISION.
   8. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, NOTHING
 IN  THIS TITLE SHALL BE CONSTRUED TO PROHIBIT OR LIMIT THE ACTIVITIES OR
 SERVICES PROVIDED UNDER THIS TITLE BY ANY PERSON WHO IS EMPLOYED OR  WHO
 COMMENCES  EMPLOYMENT IN A PROGRAM OR SERVICE OPERATED, REGULATED, FUND-
 S. 4007                            417                           A. 3007
 
 ED, OR APPROVED BY THE DEPARTMENT OF MENTAL HYGIENE, THE OFFICE OF CHIL-
 DREN AND FAMILY SERVICES, THE DEPARTMENT OF  CORRECTIONS  AND  COMMUNITY
 SUPERVISION,  THE  OFFICE  OF  TEMPORARY  AND DISABILITY ASSISTANCE, THE
 STATE  OFFICE  FOR  THE  AGING  AND  THE DEPARTMENT OF HEALTH OR A LOCAL
 GOVERNMENTAL UNIT AS THAT TERM IS DEFINED IN SECTION 41.03 OF THE MENTAL
 HYGIENE LAW OR A SOCIAL SERVICES DISTRICT AS DEFINED IN  SECTION  SIXTY-
 ONE OF THE SOCIAL SERVICES LAW ON OR BEFORE TWO YEARS FROM THE DATE THAT
 THE REGULATIONS ISSUED IN ACCORDANCE WITH SECTION SIX OF PART Y OF CHAP-
 TER FIFTY-SEVEN OF THE LAWS OF TWO THOUSAND EIGHTEEN APPEAR IN THE STATE
 REGISTER  OR ARE ADOPTED, WHICHEVER IS LATER. SUCH PROHIBITIONS OR LIMI-
 TATIONS SHALL NOT APPLY TO SUCH EMPLOYEES FOR AS  LONG  AS  THEY  REMAIN
 EMPLOYED  BY  SUCH PROGRAMS OR SERVICES AND WHETHER THEY REMAIN EMPLOYED
 BY THE SAME OR OTHER EMPLOYERS  PROVIDING  SUCH  PROGRAMS  OR  SERVICES.
 PROVIDED  HOWEVER,  THAT  ANY  PERSON  WHO  COMMENCES EMPLOYMENT IN SUCH
 PROGRAM OR SERVICE AFTER  SUCH  DATE  AND  PERFORMS  SERVICES  THAT  ARE
 RESTRICTED  UNDER  THIS TITLE SHALL BE APPROPRIATELY LICENSED OR AUTHOR-
 IZED UNDER THIS TITLE. EACH STATE  OVERSIGHT  AGENCY  SHALL  CREATE  AND
 MAINTAIN  A  PROCESS  TO VERIFY EMPLOYMENT HISTORY OF INDIVIDUALS EXEMPT
 UNDER THIS SUBDIVISION.
   § 7707. SPECIAL PROVISIONS. 1. ANY PERSON WHO IS LICENSED AS A  CERTI-
 FIED SOCIAL WORKER ON THE EFFECTIVE DATE OF THIS TITLE SHALL BE LICENSED
 AS  A  LICENSED  MASTER  SOCIAL  WORKER  WITHOUT  MEETING ANY ADDITIONAL
 REQUIREMENTS.
   2. ANY PERSON WHO POSSESSES A MASTER'S OF SOCIAL WORK  DEGREE  ON  THE
 EFFECTIVE  DATE  OF  THIS  SECTION,  WHO HAS FIVE YEARS OF POST-GRADUATE
 SOCIAL WORK EMPLOYMENT AND MEETS THE REQUIREMENTS FOR A LICENSE PURSUANT
 TO THIS TITLE, EXCEPT FOR EXAMINATION, AND WHO FILES WITH THE DEPARTMENT
 WITHIN ONE YEAR OF THE EFFECTIVE DATE OF THIS SECTION SHALL BE  LICENSED
 AS A LICENSED MASTER SOCIAL WORKER.
   3.  ANY  PERSON  WHO  IS  LICENSED AS A CERTIFIED SOCIAL WORKER ON THE
 EFFECTIVE DATE OF THIS SECTION AND WHO HAS BEEN AUTHORIZED  PURSUANT  TO
 SECTION  THREE  THOUSAND TWO HUNDRED TWENTY-ONE OR SECTION FOUR THOUSAND
 THREE HUNDRED THREE OF THE INSURANCE LAW SHALL BE LICENSED AS A LICENSED
 CLINICAL SOCIAL WORKER WITHOUT MEETING ANY ADDITIONAL REQUIREMENTS.
   4. ANY PERSON WHO IS LICENSED AS A  CERTIFIED  SOCIAL  WORKER  ON  THE
 EFFECTIVE  DATE  OF THIS SECTION, BUT WHO HAS NOT RECEIVED AUTHORIZATION
 PURSUANT TO SECTION THREE THOUSAND TWO HUNDRED TWENTY-ONE OR FOUR  THOU-
 SAND  THREE  HUNDRED  THREE  OF  THE  INSURANCE  LAW, WHO FILES WITH THE
 DEPARTMENT WITHIN ONE YEAR OF THE EFFECTIVE  DATE  OF  THIS  SECTION  AN
 APPLICATION PURSUANT TO SUBDIVISION TWO OF SECTION SEVENTY-SEVEN HUNDRED
 FOUR  OF THIS TITLE, WHO DEMONSTRATES TO THE SATISFACTION OF THE DEPART-
 MENT THAT THEY MEET THE EXPERIENCE REQUIREMENTS FOR AUTHORIZATION PURSU-
 ANT TO SECTION THREE THOUSAND TWO HUNDRED TWENTY-ONE  OR  FOUR  THOUSAND
 THREE  HUNDRED  THREE  OF  THE  INSURANCE  LAW,  SHALL  BE LICENSED AS A
 LICENSED CLINICAL SOCIAL WORKER WITHOUT  MEETING  ANY  FURTHER  REQUIRE-
 MENTS.
   5. LICENSED MASTER SOCIAL WORKERS AND LICENSED CLINICAL SOCIAL WORKERS
 MAY  USE  ACCEPTED  CLASSIFICATIONS OF SIGNS, SYMPTOMS, DYSFUNCTIONS AND
 DISORDERS, INCLUDING, BUT NOT LIMITED TO, CLASSIFICATIONS  USED  IN  THE
 PRACTICE SETTING FOR THE PURPOSE OF PROVIDING MENTAL HEALTH SERVICES.
   §  7708.  BOUNDARIES  OF  PROFESSIONAL  PRACTICE. ANY INDIVIDUAL WHOSE
 LICENSE OR AUTHORITY TO PRACTICE DERIVES FROM  THE  PROVISIONS  OF  THIS
 TITLE SHALL BE PROHIBITED FROM:
   1. PRESCRIBING OR ADMINISTERING DRUGS AS DEFINED IN THIS CHAPTER OR AS
 A  TREATMENT, THERAPY, OR PROFESSIONAL SERVICE IN THE PRACTICE OF HIS OR
 HER PROFESSION; OR
 S. 4007                            418                           A. 3007
 
   2. USING INVASIVE PROCEDURES AS A TREATMENT, THERAPY, OR  PROFESSIONAL
 SERVICE  IN  THE PRACTICE OF HIS OR HER PROFESSION. FOR PURPOSES OF THIS
 SUBDIVISION, "INVASIVE PROCEDURE" MEANS ANY  PROCEDURE  IN  WHICH  HUMAN
 TISSUE  IS CUT, ALTERED, OR OTHERWISE INFILTRATED BY MECHANICAL OR OTHER
 MEANS.  INVASIVE PROCEDURE INCLUDES SURGERY, LASERS, IONIZING RADIATION,
 THERAPEUTIC ULTRASOUND, OR ELECTROCONVULSIVE THERAPY.
   § 7709. HOSPITAL PRIVILEGES. NOTHING IN THIS TITLE SHALL BE DEEMED  TO
 AUTHORIZE,  GRANT, OR EXTEND HOSPITAL PRIVILEGES TO INDIVIDUALS LICENSED
 UNDER THIS TITLE.
   § 7710. MANDATORY CONTINUING EDUCATION. 1.  A.  EACH  LICENSED  MASTER
 SOCIAL  WORKER  OR  LICENSED  CLINICAL SOCIAL WORKER REQUIRED UNDER THIS
 TITLE TO REGISTER TRIENNIALLY WITH THE DEPARTMENT TO  PRACTICE  IN  THIS
 STATE,  SHALL  COMPLY WITH THE PROVISIONS OF MANDATORY CONTINUING EDUCA-
 TION REQUIREMENTS PRESCRIBED IN SUBDIVISION TWO OF THIS SECTION,  EXCEPT
 AS  SET FORTH IN PARAGRAPHS B AND C OF THIS SUBDIVISION. LICENSED MASTER
 SOCIAL WORKERS OR LICENSED CLINICAL SOCIAL WORKERS WHO  DO  NOT  SATISFY
 THE MANDATORY CONTINUING EDUCATION REQUIREMENTS SHALL NOT PRACTICE UNTIL
 THEY HAVE MET SUCH REQUIREMENTS AND THEY HAVE BEEN ISSUED A REGISTRATION
 CERTIFICATE,  EXCEPT  THAT  A  LICENSED MASTER SOCIAL WORKER OR LICENSED
 CLINICAL SOCIAL WORKER MAY PRACTICE WITHOUT HAVING MET SUCH REQUIREMENTS
 IF HE OR SHE IS ISSUED A CONDITIONAL REGISTRATION  CERTIFICATE  PURSUANT
 TO SUBDIVISION THREE OF THIS SECTION.
   B.  EACH  LICENSED  MASTER  SOCIAL  WORKER OR LICENSED CLINICAL SOCIAL
 WORKER SHALL BE EXEMPT FROM THE MANDATORY CONTINUING EDUCATION  REQUIRE-
 MENTS  FOR THE TRIENNIAL REGISTRATION PERIOD DURING WHICH THEY ARE FIRST
 LICENSED. IN ACCORDANCE WITH THE INTENT OF THIS SECTION,  ADJUSTMENT  TO
 THE  MANDATORY  CONTINUING  EDUCATION  REQUIREMENT MAY BE GRANTED BY THE
 DEPARTMENT FOR REASONS OF HEALTH THAT ARE CERTIFIED  BY  AN  APPROPRIATE
 HEALTH CARE PROFESSIONAL, FOR EXTENDED ACTIVE DUTY WITH THE ARMED FORCES
 OF  THE UNITED STATES, OR FOR OTHER GOOD CAUSE ACCEPTABLE TO THE DEPART-
 MENT WHICH MAY PREVENT COMPLIANCE.
   C. A LICENSED MASTER SOCIAL WORKER OR A LICENSED CLINICAL SOCIAL WORK-
 ER NOT ENGAGED IN PRACTICE, AS DETERMINED BY THE  DEPARTMENT,  SHALL  BE
 EXEMPT  FROM  THE  MANDATORY  CONTINUING  EDUCATION REQUIREMENT UPON THE
 FILING OF A STATEMENT WITH THE DEPARTMENT  DECLARING  SUCH  STATUS.  ANY
 LICENSEE WHO RETURNS TO THE PRACTICE OF SOCIAL WORK 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.
   D. A LICENSED CLINICAL SOCIAL WORKER WHO IS ALSO LICENSED  AND  REGIS-
 TERED  TO PRACTICE AS A LICENSED MASTER SOCIAL WORKER IN THE SAME TRIEN-
 NIAL REGISTRATION PERIOD, SHALL NOT BE REQUIRED TO  COMPLETE  MORE  THAN
 THIRTY-SIX  HOURS  OF CONTINUING EDUCATION IN THE TRIENNIAL REGISTRATION
 PERIOD, OR ONE HOUR PER MONTH FOR A REGISTRATION PERIOD OTHER THAN THIR-
 TY-SIX MONTHS.
   2. DURING EACH TRIENNIAL REGISTRATION PERIOD AN APPLICANT  FOR  REGIS-
 TRATION  AS  A LICENSED MASTER SOCIAL WORKER OR LICENSED CLINICAL SOCIAL
 WORKER SHALL COMPLETE A MINIMUM OF THIRTY-SIX HOURS OF ACCEPTABLE FORMAL
 CONTINUING EDUCATION. ANY LICENSED  MASTER  SOCIAL  WORKER  OR  LICENSED
 CLINICAL  SOCIAL  WORKER  WHOSE  FIRST  REGISTRATION  DATE FOLLOWING THE
 EFFECTIVE DATE OF THIS SECTION OCCURS LESS THAN THREE  YEARS  FROM  SUCH
 EFFECTIVE  DATE,  BUT  ON  OR AFTER JANUARY FIRST, TWO THOUSAND FIFTEEN,
 SHALL COMPLETE CONTINUING EDUCATION HOURS ON A  PRORATED  BASIS  AT  THE
 RATE  OF  ONE HOUR PER MONTH FOR THE PERIOD BEGINNING JANUARY FIRST, TWO
 THOUSAND FIFTEEN UP TO THE FIRST REGISTRATION DATE THEREAFTER. A  LICEN-
 SEE WHO HAS NOT SATISFIED THE MANDATORY CONTINUING EDUCATION REQUIREMENT
 S. 4007                            419                           A. 3007
 
 SHALL  NOT BE ISSUED A TRIENNIAL REGISTRATION CERTIFICATE BY THE DEPART-
 MENT AND SHALL NOT PRACTICE UNLESS AND UNTIL A CONDITIONAL  REGISTRATION
 IS ISSUED AS PROVIDED FOR IN SUBDIVISION THREE OF THIS SECTION.  CONTIN-
 UING EDUCATION HOURS TAKEN DURING ONE TRIENNIUM SHALL NOT BE TRANSFERRED
 TO THE SUBSEQUENT TRIENNIUM.
   3.  A.  THE  DEPARTMENT,  IN  ITS  DISCRETION, MAY ISSUE A CONDITIONAL
 REGISTRATION 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 COMPLETE 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
 SUBMIT EVIDENCE, SATISFACTORY TO THE DEPARTMENT, OF REQUIRED  CONTINUING
 EDUCATION  AND WHO PRACTICES WITHOUT SUCH REGISTRATION MAY BE SUBJECT TO
 DISCIPLINARY PROCEEDINGS PURSUANT TO SECTION SIXTY-FIVE HUNDRED  TEN  OF
 THIS ARTICLE.
   B.  FOR  PURPOSES  OF THIS SECTION "ACCEPTABLE FORMAL EDUCATION" SHALL
 MEAN FORMAL COURSES OF LEARNING WHICH CONTRIBUTE TO  PROFESSIONAL  PRAC-
 TICE  IN  SOCIAL  WORK  AND WHICH MEET THE STANDARDS PRESCRIBED BY REGU-
 LATIONS OF THE COMMISSIONER.  SUCH  FORMAL  COURSES  OF  LEARNING  SHALL
 INCLUDE,  BUT  NOT BE LIMITED TO, COLLEGIATE LEVEL CREDIT AND NON-CREDIT
 COURSES,  PROFESSIONAL  DEVELOPMENT  PROGRAMS  AND  TECHNICAL   SESSIONS
 OFFERED BY NATIONAL, STATE AND LOCAL PROFESSIONAL ASSOCIATIONS AND OTHER
 ORGANIZATIONS  ACCEPTABLE  TO  THE  DEPARTMENT,  AND ANY OTHER ORGANIZED
 EDUCATIONAL  AND  TECHNICAL  PROGRAMS  ACCEPTABLE  TO  THE   DEPARTMENT.
 CONTINUING EDUCATION COURSES SHALL 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  COURSES  IN
 SPECIFIC   SUBJECTS  TO  FULFILL  THIS  MANDATORY  CONTINUING  EDUCATION
 REQUIREMENT.  LICENSED MASTER SOCIAL WORKERS OR LICENSED CLINICAL SOCIAL
 WORKERS SHALL MAINTAIN ADEQUATE DOCUMENTATION OF COMPLETION OF  ACCEPTA-
 BLE  FORMAL CONTINUING EDUCATION AND SHALL PROVIDE SUCH DOCUMENTATION AT
 THE REQUEST OF THE DEPARTMENT. FAILURE  TO  PROVIDE  SUCH  DOCUMENTATION
 UPON THE REQUEST OF THE DEPARTMENT SHALL BE AN ACT OF MISCONDUCT SUBJECT
 TO  DISCIPLINARY  PROCEEDINGS PURSUANT TO SECTION SIXTY-FIVE HUNDRED TEN
 OF THIS ARTICLE.
   C. THE MANDATORY CONTINUING EDUCATION FEE SHALL BE DETERMINED  BY  THE
 DEPARTMENT.    SUCH  FEE  SHALL BE PAYABLE ON OR BEFORE THE FIRST DAY OF
 EACH TRIENNIAL REGISTRATION PERIOD AND SHALL BE PAID IN ADDITION TO  THE
 TRIENNIAL  REGISTRATION  FEE  REQUIRED BY PARAGRAPH G OF SUBDIVISION ONE
 AND PARAGRAPH G OF SUBDIVISION TWO OF SECTION SEVENTY-SEVEN HUNDRED FOUR
 OF THIS TITLE.
 
                                 TITLE 19
                              MASSAGE THERAPY
 SECTION 7800. INTRODUCTION.
         7801. DEFINITION OF PRACTICE OF MASSAGE THERAPY.
         7802. PRACTICE OF MASSAGE THERAPY AND USE  OF  TITLE  "MASSEUR",
                 "MASSEUSE"  OR "MASSAGE THERAPIST" OR THE TERM "MASSAGE"
                 OR "MASSAGE THERAPY".
         7803. STATE BOARD FOR MASSAGE THERAPY.
         7804. REQUIREMENTS FOR A PROFESSIONAL LICENSE.
 S. 4007                            420                           A. 3007
 
         7805. EXEMPT PERSONS.
         7806. LIMITED PERMITS.
         7807. MANDATORY CONTINUING EDUCATION.
   §  7800. INTRODUCTION. THIS TITLE APPLIES TO THE PROFESSION OF MASSAGE
 THERAPY. THE GENERAL PROVISIONS FOR ALL PROFESSIONS CONTAINED  IN  TITLE
 ONE OF THIS ARTICLE SHALL APPLY TO THIS TITLE.
   §  7801.  DEFINITION  OF  PRACTICE OF MASSAGE THERAPY. AS USED IN THIS
 CHAPTER, THE PRACTICE OF THE PROFESSION OF MASSAGE THERAPY IS DEFINED AS
 ENGAGING IN APPLYING A SCIENTIFIC SYSTEM OF  ACTIVITY  TO  THE  MUSCULAR
 STRUCTURE  OF THE HUMAN BODY BY MEANS OF STROKING, KNEADING, TAPPING AND
 VIBRATING WITH THE HANDS OR  VIBRATORS  FOR  THE  PURPOSE  OF  IMPROVING
 MUSCLE TONE AND CIRCULATION.
   §  7802.  PRACTICE  OF  MASSAGE  THERAPY  AND  USE OF TITLE "MASSEUR",
 "MASSEUSE" OR "MASSAGE THERAPIST" OR  THE  TERM  "MASSAGE"  OR  "MASSAGE
 THERAPY".  ONLY  A  PERSON LICENSED OR AUTHORIZED PURSUANT TO THIS TITLE
 SHALL PRACTICE MASSAGE THERAPY AND ONLY A  PERSON  LICENSED  UNDER  THIS
 TITLE  SHALL USE THE TITLE "MASSEUR", "MASSEUSE" OR "MASSAGE THERAPIST".
 NO PERSON, FIRM, PARTNERSHIP OR CORPORATION CLAIMING TO  BE  ENGAGED  IN
 THE PRACTICE OF MASSAGE OR MASSAGE THERAPY SHALL IN ANY MANNER DESCRIBE,
 ADVERTISE, OR PLACE ANY ADVERTISEMENT FOR SERVICES AS DEFINED IN SECTION
 SEVENTY-EIGHT  HUNDRED  ONE  OF  THIS  TITLE  UNLESS  SUCH  SERVICES ARE
 PERFORMED BY A PERSON LICENSED OR AUTHORIZED PURSUANT TO THIS CHAPTER.
   § 7803. STATE BOARD FOR MASSAGE THERAPY. A  STATE  BOARD  FOR  MASSAGE
 THERAPY  SHALL  BE  APPOINTED  BY  THE  COMMISSIONER  FOR THE PURPOSE OF
 ASSISTING 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 NOT LESS THAN SEVEN
 PERSONS, FOUR OF WHOM SHALL HAVE BEEN ENGAGED IN THE TEACHING, RESEARCH,
 OR PRACTICE OF MASSAGE THERAPY FOR AT LEAST THREE YEARS.  THE  REMAINING
 THREE  MEMBERS  OF THE BOARD SHALL BE PHYSICIANS LICENSED IN THIS STATE.
 AN EXECUTIVE SECRETARY TO THE BOARD SHALL BE APPOINTED  BY  THE  COMMIS-
 SIONER.  AS  USED  IN THIS TITLE, "THE BOARD" SHALL MEAN THE STATE BOARD
 FOR MASSAGE THERAPY AS APPOINTED PURSUANT TO THIS SECTION.
   § 7804. REQUIREMENTS FOR A PROFESSIONAL  LICENSE.  TO  QUALIFY  FOR  A
 LICENSE  AS A MASSAGE THERAPIST, MASSEUR OR MASSEUSE, AN APPLICANT SHALL
 FULFILL THE FOLLOWING REQUIREMENTS:
   1. APPLICATION: FILE AN APPLICATION WITH THE DEPARTMENT;
   2. EDUCATION: HAVE RECEIVED AN EDUCATION, INCLUDING HIGH SCHOOL GRADU-
 ATION AND GRADUATION FROM A SCHOOL OR INSTITUTE OF MASSAGE THERAPY  WITH
 A PROGRAM REGISTERED BY THE DEPARTMENT, OR ITS SUBSTANTIAL EQUIVALENT IN
 BOTH SUBJECT MATTER AND EXTENT OF TRAINING, PROVIDED THAT THE PROGRAM IN
 SUCH  SCHOOL  OR  INSTITUTE  SHALL CONSIST OF CLASSROOM INSTRUCTION OF A
 TOTAL OF NOT LESS THAN FIVE HUNDRED HOURS IN  SUBJECTS  SATISFACTORY  TO
 THE DEPARTMENT;
   3.  EXAMINATION:  PASS AN EXAMINATION SATISFACTORY TO THE BOARD AND IN
 ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS;
   4. AGE: BE AT LEAST EIGHTEEN YEARS OF AGE;
   5. CITIZENSHIP OR IMMIGRATION STATUS: BE A UNITED STATES CITIZEN OR AN
 ALIEN LAWFULLY ADMITTED FOR PERMANENT RESIDENCE IN THE UNITED STATES;
   6. CHARACTER: BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE  DEPART-
 MENT; AND
   7.  FEES:  PAY  A FEE OF ONE HUNDRED FIFTEEN DOLLARS TO THE DEPARTMENT
 FOR ADMISSION TO A DEPARTMENT-CONDUCTED EXAMINATION AND FOR  AN  INITIAL
 LICENSE,  A  FEE  OF FORTY-FIVE DOLLARS FOR EACH REEXAMINATION, A FEE OF
 FIFTY DOLLARS FOR AN INITIAL LICENSE FOR PERSONS NOT REQUIRING ADMISSION
 S. 4007                            421                           A. 3007
 
 TO A DEPARTMENT-CONDUCTED EXAMINATION, AND A FEE OF  FIFTY  DOLLARS  FOR
 EACH TRIENNIAL REGISTRATION PERIOD.
   §  7805.  EXEMPT  PERSONS.  NOTHING  CONTAINED  IN THIS TITLE SHALL BE
 CONSTRUED TO PROHIBIT:
   1. THE PRACTICE OF MASSAGE THERAPY BY ANY PERSON WHO IS AUTHORIZED  TO
 PRACTICE  MEDICINE, NURSING, OSTEOPATHY, PHYSIOTHERAPY, CHIROPRACTIC, OR
 PODIATRY IN ACCORDANCE WITH THE PROVISIONS OF THIS ARTICLE.
   2. THE PRACTICE OF A MASSAGE WHICH  IS  CUSTOMARILY  GIVEN  IN  BARBER
 SHOPS  OR  BEAUTY  PARLORS  FOR  THE  PURPOSE  OF  BEAUTIFICATION BY ANY
 LICENSED BARBER OR BEAUTY CULTURIST.
   3. THE PRACTICE OF MASSAGE THERAPY BY ANY PERSON EMPLOYED IN A MEDICAL
 INSTITUTION LICENSED OR CHARTERED BY THE STATE  OF  NEW  YORK,  PROVIDED
 THAT  SUCH  PERSON IS UNDER THE ON-SITE SUPERVISION OF A PERSON LICENSED
 TO PRACTICE MASSAGE THERAPY OR AUTHORIZED TO PRACTICE MASSAGE THERAPY BY
 SUBDIVISION ONE OF THIS SECTION, OR BY ANY PERSON ENROLLED IN A  PROGRAM
 OF  A  SCHOOL  OR INSTITUTE OF MASSAGE THERAPY REGISTERED BY THE DEPART-
 MENT, OR ENROLLED IN A  PROGRAM  WHICH  SATISFIES  THE  REQUIREMENTS  OF
 SECTION  SEVENTY-EIGHT  HUNDRED  FOUR  OF THIS TITLE, PROVIDED THAT SUCH
 PERSON IS UNDER THE ON-SITE SUPERVISION OF A PERSON LICENSED TO PRACTICE
 MASSAGE THERAPY OR AUTHORIZED TO PRACTICE MASSAGE THERAPY BY SUBDIVISION
 ONE OF THIS SECTION.
   4. THE PRACTICE OF MASSAGE THERAPY BY ANY PERSON DULY  EMPLOYED  AS  A
 TRAINER  BY  A  PROFESSIONAL ATHLETIC ASSOCIATION, CLUB OR TEAM, OR AS A
 MEMBER OF THE PHYSICAL EDUCATION DEPARTMENT OF AN ACCREDITED UNIVERSITY,
 COLLEGE OR HIGH SCHOOL.
   5. THE PRACTICE OF MASSAGE THERAPY BY ANY PERSON EMPLOYED BY A  CORPO-
 RATION  OR  ASSOCIATION  ORGANIZED  EXCLUSIVELY  FOR THE MORAL OR MENTAL
 IMPROVEMENT OF MEN, WOMEN, OR CHILDREN.
   6. A MASSAGE THERAPIST LICENSED AND IN GOOD STANDING IN ANOTHER  STATE
 OR  COUNTRY  FROM  CONDUCTING A TEACHING DEMONSTRATION OF MODALITIES AND
 TECHNIQUES THAT ARE WITHIN THE PRACTICE OF MASSAGE THERAPY IN CONNECTION
 WITH A PROGRAM OF CONTINUING EDUCATION THAT  IS  CONDUCTED  BY  APPROVED
 SPONSORS  OF  CONTINUING EDUCATION BY THE DEPARTMENT. ANY MASSAGE THERA-
 PIST CONDUCTING A TEACHING DEMONSTRATION OF MODALITIES AND TECHNIQUES IN
 NEW YORK STATE PURSUANT TO THIS SUBDIVISION  SHALL  BE  SUBJECT  TO  THE
 PERSONAL AND SUBJECT MATTER JURISDICTION AND DISCIPLINARY AND REGULATORY
 AUTHORITY  OF THE DEPARTMENT AS IF HE OR SHE IS A LICENSEE AND AS IF THE
 EXEMPTION PURSUANT TO THIS SUBDIVISION IS A LICENSE. SUCH MASSAGE THERA-
 PIST SHALL COMPLY WITH THE PROVISIONS OF THIS TITLE, THE  RULES  OF  THE
 DEPARTMENT, AND THE REGULATIONS OF THE COMMISSIONER, RELATING TO PROFES-
 SIONAL  MISCONDUCT,  DISCIPLINARY  PROCEEDINGS AND PENALTIES FOR PROFES-
 SIONAL MISCONDUCT.
   § 7806. LIMITED PERMITS. 1. THE DEPARTMENT MAY ISSUE A LIMITED  PERMIT
 TO  PRACTICE MASSAGE THERAPY AS A LICENSED MASSAGE THERAPIST, MASSEUR OR
 MASSEUSE TO A PERSON WHO HAS NOT PREVIOUSLY HELD SUCH A PERMIT  AND  WHO
 FULFILLS  ALL  EXCEPT THE EXAMINATION AND CITIZENSHIP REQUIREMENTS FOR A
 LICENSE, PROVIDED HOWEVER THAT A PERMIT SHALL NOT BE ISSUED TO A  PERSON
 WHO HAS FAILED THE STATE LICENSING EXAMINATION.
   2.  THE  LIMITED  PERMIT  SHALL BE VALID FOR A PERIOD OF NOT MORE THAN
 TWELVE MONTHS OR UNTIL THE RESULTS OF THE NEXT LICENSING EXAMINATION FOR
 WHICH THE PERSON IS ELIGIBLE ARE OFFICIALLY AVAILABLE,  WHICHEVER  COMES
 FIRST.
   3. A LIMITED PERMIT SHALL ENTITLE THE HOLDER TO PRACTICE MASSAGE THER-
 APY  ONLY  UNDER THE PERSONAL SUPERVISION OF A PERSON CURRENTLY LICENSED
 AND REGISTERED TO PRACTICE MASSAGE THERAPY IN THIS STATE.
   4. THE FEE FOR A LIMITED PERMIT SHALL BE THIRTY-FIVE DOLLARS.
 S. 4007                            422                           A. 3007

   § 7807. MANDATORY CONTINUING EDUCATION. 1. A. EACH  MASSAGE  THERAPIST
 LICENSED  PURSUANT  TO  THIS TITLE REQUIRED TO REGISTER TRIENNIALLY WITH
 THE DEPARTMENT TO PRACTICE IN THE STATE SHALL COMPLY WITH THE PROVISIONS
 OF THE MANDATORY CONTINUING EDUCATION REQUIREMENTS PRESCRIBED IN  SUBDI-
 VISION  TWO OF THIS SECTION EXCEPT AS SET FORTH IN PARAGRAPHS B AND C OF
 THIS SUBDIVISION. MASSAGE THERAPISTS WHO DO NOT  SATISFY  THE  MANDATORY
 CONTINUING EDUCATION REQUIREMENTS SHALL NOT PRACTICE UNTIL THEY HAVE MET
 SUCH REQUIREMENTS, AND THEY HAVE BEEN ISSUED A REGISTRATION CERTIFICATE,
 EXCEPT  THAT  A  MASSAGE  THERAPIST MAY PRACTICE WITHOUT HAVING MET SUCH
 REQUIREMENTS IF HE OR SHE IS ISSUED A CONDITIONAL  REGISTRATION  CERTIF-
 ICATE PURSUANT TO SUBDIVISION THREE OF THIS SECTION.
   B.  MASSAGE  THERAPISTS  SHALL BE EXEMPT FROM THE MANDATORY CONTINUING
 EDUCATION REQUIREMENT FOR THE TRIENNIAL REGISTRATION PERIOD DURING WHICH
 THEY ARE FIRST LICENSED. IN ACCORDANCE WITH THE INTENT OF THIS  SECTION,
 ADJUSTMENTS  TO  THE  MANDATORY  CONTINUING EDUCATION REQUIREMENT 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 MASSAGE THERAPIST NOT ENGAGED IN PROFESSIONAL  PRACTICE,
 AS  DETERMINED  BY  THE  DEPARTMENT,  SHALL BE EXEMPT FROM THE MANDATORY
 CONTINUING EDUCATION REQUIREMENT UPON THE FILING OF A STATEMENT WITH THE
 DEPARTMENT DECLARING SUCH STATUS. ANY LICENSEE WHO RETURNS TO THE  PRAC-
 TICE  OF  MASSAGE THERAPY 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 REGU-
 LATIONS OF THE COMMISSIONER.
   2. DURING EACH TRIENNIAL REGISTRATION PERIOD AN APPLICANT  FOR  REGIS-
 TRATION  AS  A  MASSAGE THERAPIST SHALL COMPLETE A MINIMUM OF THIRTY-SIX
 HOURS OF ACCEPTABLE FORMAL CONTINUING EDUCATION,  A  MAXIMUM  OF  TWELVE
 HOURS  OF  WHICH MAY BE SELF-INSTRUCTIONAL COURSE WORK ACCEPTABLE TO THE
 DEPARTMENT. ANY MASSAGE THERAPIST WHOSE FIRST REGISTRATION DATE  FOLLOW-
 ING 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 HOUR PER MONTH FOR THE  PERIOD  BEGIN-
 NING  JANUARY  FIRST,  TWO  THOUSAND TWELVE UP TO THE FIRST REGISTRATION
 DATE THEREAFTER. A LICENSEE WHO HAS NOT SATISFIED THE MANDATORY CONTINU-
 ING EDUCATION REQUIREMENTS SHALL NOT BE ISSUED A TRIENNIAL  REGISTRATION
 CERTIFICATE  BY THE DEPARTMENT AND SHALL NOT PRACTICE UNLESS AND UNTIL A
 CONDITIONAL REGISTRATION CERTIFICATE IS ISSUED AS PROVIDED FOR IN SUBDI-
 VISION THREE OF THIS SECTION, OR UNTIL HE OR SHE HAS OTHERWISE  MET  THE
 REQUIREMENTS OF THIS SECTION.
   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 COMPLETE 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
 SUBMIT EVIDENCE, SATISFACTORY TO THE DEPARTMENT, OF REQUIRED  CONTINUING
 EDUCATION AND WHO PRACTICES WITHOUT SUCH REGISTRATION, MAY BE SUBJECT TO
 DISCIPLINARY  PROCEEDINGS  PURSUANT TO SECTION SIXTY-FIVE HUNDRED TEN OF
 THIS ARTICLE.
 S. 4007                            423                           A. 3007
 
   4. AS USED IN SUBDIVISION TWO  OF  THIS  SECTION,  "ACCEPTABLE  FORMAL
 CONTINUING  EDUCATION"  SHALL  MEAN  FORMAL  PROGRAMS  OF LEARNING WHICH
 CONTRIBUTE TO PROFESSIONAL PRACTICE IN MASSAGE THERAPY WHICH ARE OFFERED
 BY SPONSORS OF MASSAGE THERAPY  CONTINUING  EDUCATION  APPROVED  BY  THE
 DEPARTMENT  IN CONSULTATION WITH THE STATE BOARD FOR MASSAGE THERAPY, TO
 FULFILL THE MANDATORY CONTINUING EDUCATION  REQUIREMENT.    SPONSORS  OF
 MASSAGE  THERAPY  CONTINUING  EDUCATION MAY INCLUDE, BUT ARE NOT LIMITED
 TO, STATE OR NATIONAL PROFESSIONAL ASSOCIATIONS ESTABLISHED  TO  FURTHER
 THE MASSAGE THERAPY PROFESSION, AND MAY INCLUDE ANY AFFILIATES OF INTER-
 NATIONAL  MASSAGE  THERAPY  CONFERENCES AT WHICH PROFESSIONAL CONTINUING
 EDUCATION IS A MAJOR COMPONENT OF SUCH CONFERENCES, AS WELL AS  PROGRAMS
 REGISTERED AS LICENSURE-QUALIFYING FOR THE PROFESSION OF MASSAGE THERAPY
 BY  THE DEPARTMENT.   SPONSORS OF MASSAGE THERAPY SHALL FILE AN APPLICA-
 TION WITH THE DEPARTMENT AND PAY A FEE OF NINE  HUNDRED  DOLLARS.  WHILE
 PRESENTERS  OF  DIDACTIC  INSTRUCTION MAY BE PROVIDED BY PERSONS WHO ARE
 NOT LICENSED BY THE STATE OF NEW YORK AS MASSAGE THERAPISTS, THE PRACTI-
 CAL APPLICATION OF SUCH MODALITIES  AND  TECHNIQUES  SHALL  BE  DONE  BY
 LICENSED  MASSAGE  THERAPISTS,  OR THOSE OTHERWISE AUTHORIZED, WHEN SUCH
 CONTINUING EDUCATION OCCURS IN THE STATE OF NEW YORK.
   5.  MASSAGE  THERAPISTS  SHALL  MAINTAIN  ADEQUATE  DOCUMENTATION   OF
 COMPLETION  OF  ACCEPTABLE FORMAL CONTINUING EDUCATION AND SHALL PROVIDE
 SUCH DOCUMENTATION AT THE REQUEST OF THE DEPARTMENT. FAILURE TO  PROVIDE
 SUCH DOCUMENTATION UPON THE REQUEST OF THE DEPARTMENT SHALL BE AN ACT OF
 MISCONDUCT  SUBJECT  TO  DISCIPLINARY  PROCEEDINGS  PURSUANT  TO SECTION
 SIXTY-FIVE HUNDRED TEN OF THIS ARTICLE.
   6. THE MANDATORY CONTINUING EDUCATION FEE SHALL BE FORTY-FIVE DOLLARS,
 SHALL BE PAYABLE ON OR BEFORE THE FIRST DAY OF EACH TRIENNIAL  REGISTRA-
 TION PERIOD, AND SHALL BE PAID IN ADDITION TO THE TRIENNIAL REGISTRATION
 FEE REQUIRED BY SECTION SEVENTY-ONE HUNDRED TWENTY-FOUR OF THIS ARTICLE.
 
                                 TITLE 20
                           OCCUPATIONAL THERAPY
 SECTION 7900.   INTRODUCTION.
         7901.   DEFINITION.
         7902.   PRACTICE OF OCCUPATIONAL THERAPY AND USE OF TITLE "OCCU-
                   PATIONAL THERAPIST".
         7902-A. PRACTICE  OF  OCCUPATIONAL  THERAPY ASSISTANT AND USE OF
                   THE TITLE "OCCUPATIONAL THERAPY ASSISTANT".
         7903.   STATE BOARD FOR OCCUPATIONAL THERAPY.
         7904.   REQUIREMENTS FOR A PROFESSIONAL LICENSE.
         7904-A. REQUIREMENTS FOR  LICENSE  AS  AN  OCCUPATIONAL  THERAPY
                   ASSISTANT.
         7905.   LIMITED PERMITS.
         7906.   EXEMPT PERSONS.
         7907.   SPECIAL CONDITIONS.
         7908.   MANDATORY CONTINUING COMPETENCY.
   §  7900. INTRODUCTION. THIS TITLE APPLIES TO THE PROFESSION OF OCCUPA-
 TIONAL THERAPY.  THE GENERAL PROVISIONS FOR ALL PROFESSIONS CONTAINED IN
 TITLE ONE OF THIS ARTICLE SHALL APPLY TO THIS TITLE.
   § 7901. DEFINITION. THE PRACTICE OF  THE  PROFESSION  OF  OCCUPATIONAL
 THERAPY IS DEFINED AS THE FUNCTIONAL EVALUATION OF THE CLIENT, THE PLAN-
 NING AND UTILIZATION OF A PROGRAM OF PURPOSEFUL ACTIVITIES, THE DEVELOP-
 MENT  AND  UTILIZATION  OF A TREATMENT PROGRAM, AND/OR CONSULTATION WITH
 THE CLIENT, FAMILY, CAREGIVER  OR  ORGANIZATION  IN  ORDER  TO  RESTORE,
 DEVELOP  OR  MAINTAIN  ADAPTIVE  SKILLS,  AND/OR  PERFORMANCE  ABILITIES
 DESIGNED TO ACHIEVE MAXIMAL PHYSICAL, COGNITIVE AND  MENTAL  FUNCTIONING
 S. 4007                            424                           A. 3007
 
 OF  THE CLIENT ASSOCIATED WITH HIS OR HER ACTIVITIES OF DAILY LIVING AND
 DAILY LIFE TASKS. A TREATMENT  PROGRAM  DESIGNED  TO  RESTORE  FUNCTION,
 SHALL  BE RENDERED ON THE PRESCRIPTION OR REFERRAL OF A PHYSICIAN, NURSE
 PRACTITIONER,  OR  OTHER  HEALTH  CARE PROVIDER ACTING WITHIN HIS OR HER
 SCOPE OF PRACTICE PURSUANT TO THIS TITLE.  HOWEVER, NOTHING CONTAINED IN
 THIS TITLE SHALL BE CONSTRUED TO PERMIT ANY LICENSEE UNDER THIS TITLE TO
 PRACTICE MEDICINE OR PSYCHOLOGY, INCLUDING PSYCHOTHERAPY, OR  TO  OTHER-
 WISE  EXPAND SUCH LICENSEE'S SCOPE OF PRACTICE BEYOND WHAT IS AUTHORIZED
 BY THIS ARTICLE.
   § 7902. PRACTICE OF OCCUPATIONAL THERAPY AND  USE  OF  TITLE  "OCCUPA-
 TIONAL  THERAPIST".    ONLY A PERSON LICENSED OR OTHERWISE AUTHORIZED TO
 PRACTICE UNDER THIS TITLE SHALL PRACTICE OCCUPATIONAL THERAPY OR USE THE
 TITLE "OCCUPATIONAL THERAPIST".
   § 7902-A. PRACTICE OF OCCUPATIONAL THERAPY ASSISTANT AND  USE  OF  THE
 TITLE "OCCUPATIONAL THERAPY ASSISTANT". ONLY A PERSON LICENSED OR OTHER-
 WISE  AUTHORIZED  UNDER  THIS TITLE SHALL PARTICIPATE IN THE PRACTICE OF
 OCCUPATIONAL THERAPY AS AN OCCUPATIONAL THERAPY  ASSISTANT  OR  USE  THE
 TITLE  "OCCUPATIONAL  THERAPY  ASSISTANT".   PRACTICE AS AN OCCUPATIONAL
 THERAPY ASSISTANT SHALL INCLUDE THE PROVIDING  OF  OCCUPATIONAL  THERAPY
 AND  CLIENT-RELATED  SERVICES  UNDER THE DIRECTION AND SUPERVISION OF AN
 OCCUPATIONAL THERAPIST OR LICENSED  PHYSICIAN  IN  ACCORDANCE  WITH  THE
 COMMISSIONER'S REGULATIONS.
   §  7903. STATE BOARD FOR OCCUPATIONAL THERAPY. A STATE BOARD FOR OCCU-
 PATIONAL THERAPY 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 ARTICLE. THE BOARD SHALL BE COMPOSED OF NOT LESS THAN SIX
 LICENSED OCCUPATIONAL  THERAPISTS,  ONE  LICENSED  OCCUPATIONAL  THERAPY
 ASSISTANT,  ONE  PHYSICIAN,  AND  TWO  MEMBERS OF THE PUBLIC WHO ARE NOT
 LICENSED UNDER THIS TITLE. AN EXECUTIVE SECRETARY TO THE BOARD SHALL  BE
 APPOINTED BY THE BOARD OF REGENTS ON RECOMMENDATION OF THE COMMISSIONER.
 AS  USED IN THIS TITLE, "THE BOARD" SHALL MEAN THE STATE BOARD FOR OCCU-
 PATIONAL THERAPY APPOINTED PURSUANT TO THIS SECTION.
   § 7904. REQUIREMENTS FOR A PROFESSIONAL  LICENSE.  TO  QUALIFY  FOR  A
 LICENSE  AS  AN  OCCUPATIONAL  THERAPIST, AN APPLICANT SHALL FULFILL THE
 FOLLOWING REQUIREMENTS:
   1. FILE AN APPLICATION WITH THE DEPARTMENT.
   2. HAVE SATISFACTORILY  COMPLETED  AN  APPROVED  OCCUPATIONAL  THERAPY
 CURRICULUM IN AT LEAST A BACCALAUREATE OR MASTERS PROGRAM, OR ITS EQUIV-
 ALENT,  AS  DETERMINED  BY THE DEPARTMENT IN ACCORDANCE WITH THE COMMIS-
 SIONER'S REGULATIONS.
   3. HAVE A MINIMUM OF SIX MONTHS  OF  SUPERVISED  OCCUPATIONAL  THERAPY
 EXPERIENCE WHICH SUPERVISION AND EXPERIENCE SHALL BE SATISFACTORY TO THE
 BOARD 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. MEET NO REQUIREMENTS AS TO UNITED STATES CITIZENSHIP.
   7. BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE DEPARTMENT.
   8. PAY A FEE OF ONE HUNDRED FORTY DOLLARS TO THE DEPARTMENT FOR ADMIS-
 SION TO A DEPARTMENT-CONDUCTED EXAMINATION AND FOR AN INITIAL LICENSE, A
 FEE OF SEVENTY DOLLARS FOR EACH RE-EXAMINATION, A  FEE  OF  ONE  HUNDRED
 FIFTEEN  DOLLARS FOR AN INITIAL LICENSE FOR PERSONS NOT REQUIRING ADMIS-
 SION TO A DEPARTMENT-CONDUCTED EXAMINATION, AND A  FEE  OF  ONE  HUNDRED
 FIFTY-FIVE DOLLARS FOR EACH TRIENNIAL REGISTRATION PERIOD.
 S. 4007                            425                           A. 3007
 
   §  7904-A. REQUIREMENTS FOR LICENSE AS AN OCCUPATIONAL THERAPY ASSIST-
 ANT.  TO QUALIFY FOR A LICENSE AS AN OCCUPATIONAL THERAPY  ASSISTANT  AN
 APPLICANT SHALL FULFILL THE FOLLOWING REQUIREMENTS:
   1. FILE AN APPLICATION WITH THE DEPARTMENT;
   2.  HAVE  RECEIVED  AN  EDUCATION AS FOLLOWS: COMPLETION OF AT LEAST A
 TWO-YEAR ASSOCIATE DEGREE PROGRAM FOR  OCCUPATIONAL  THERAPY  ASSISTANTS
 REGISTERED  BY  THE DEPARTMENT OR ACCREDITED BY A NATIONAL ACCREDITATION
 AGENCY WHICH IS SATISFACTORY TO THE DEPARTMENT, OR  ITS  EQUIVALENT,  AS
 DETERMINED BY THE DEPARTMENT IN ACCORDANCE WITH THE COMMISSIONER'S REGU-
 LATIONS;
   3. HAVE A MINIMUM OF SIXTEEN WEEKS OF CLINICAL EXPERIENCE SATISFACTORY
 TO  THE BOARD AND IN ACCORDANCE WITH STANDARDS ESTABLISHED BY A NATIONAL
 ACCREDITATION AGENCY WHICH IS SATISFACTORY TO THE DEPARTMENT;
   4. BE AT LEAST EIGHTEEN YEARS OF AGE;
   5. BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE DEPARTMENT;
   6. PAY A FEE FOR AN INITIAL LICENSE  AND  A  FEE  FOR  EACH  TRIENNIAL
 REGISTRATION  PERIOD  THAT  SHALL  BE  ONE-HALF  OF  THE FEE FOR INITIAL
 LICENSE AND FOR EACH TRIENNIAL REGISTRATION PERIOD ESTABLISHED FOR OCCU-
 PATIONAL THERAPISTS; AND
   7. EXCEPT AS OTHERWISE PROVIDED BY SUBDIVISION TWO OF  SECTION  SEVEN-
 TY-NINE  HUNDRED  SEVEN OF THIS TITLE, PASS AN EXAMINATION ACCEPTABLE TO
 THE DEPARTMENT.
   § 7905. LIMITED PERMITS. PERMITS LIMITED AS TO ELIGIBILITY,  PRACTICE,
 AND  DURATION, SHALL BE ISSUED BY THE DEPARTMENT TO ELIGIBLE APPLICANTS,
 AS FOLLOWS:
   1. THE FOLLOWING PERSONS SHALL BE ELIGIBLE FOR A LIMITED PERMIT:
   A. AN OCCUPATIONAL THERAPIST WHO HAS GRADUATED  FROM  AN  OCCUPATIONAL
 THERAPY CURRICULUM WITH A BACCALAUREATE DEGREE OR CERTIFICATE IN OCCUPA-
 TIONAL  THERAPY  WHICH  IS  SUBSTANTIALLY  EQUIVALENT TO A BACCALAUREATE
 DEGREE SATISFACTORY TO THE BOARD AND IN ACCORDANCE WITH THE  COMMISSION-
 ER'S REGULATIONS; OR
   B.  A  FOREIGN OCCUPATIONAL THERAPIST WHO IS IN THIS COUNTRY ON A NON-
 IMMIGRATION VISA FOR THE CONTINUATION  OF  OCCUPATIONAL  THERAPY  STUDY,
 PURSUANT TO THE EXCHANGE STUDENT PROGRAM OF THE UNITED STATES DEPARTMENT
 OF STATE.
   C. AN OCCUPATIONAL THERAPY ASSISTANT WHO HAS GRADUATED FROM AN ACCRED-
 ITED  OCCUPATIONAL  THERAPY  ASSISTANT  CURRICULUM  WITH  AN ASSOCIATE'S
 DEGREE SATISFACTORY TO THE BOARD OF OCCUPATIONAL THERAPY AND IN  ACCORD-
 ANCE WITH THE COMMISSIONER'S REGULATIONS.
   2.  A  LIMITED  PERMITTEE SHALL BE AUTHORIZED TO PRACTICE OCCUPATIONAL
 THERAPY, OR IN THE CASE OF A LIMITED PERMIT ISSUED PURSUANT TO PARAGRAPH
 C OF SUBDIVISION ONE OF THIS SECTION, ONLY UNDER THE DIRECT  SUPERVISION
 OF  A  LICENSED OCCUPATIONAL THERAPIST OR A LICENSED PHYSICIAN AND SHALL
 PRACTICE ONLY IN A PUBLIC, VOLUNTARY, OR  PROPRIETARY  HOSPITAL,  HEALTH
 CARE  AGENCY  OR IN A PRESCHOOL OR AN ELEMENTARY OR SECONDARY SCHOOL FOR
 THE PURPOSE OF PROVIDING OCCUPATIONAL THERAPY AS A RELATED SERVICE FOR A
 HANDICAPPED CHILD. FOR PURPOSES OF THIS SUBDIVISION, SUPERVISION  OF  AN
 INDIVIDUAL WITH A LIMITED PERMIT TO PRACTICE OCCUPATIONAL THERAPY ISSUED
 BY  THE DEPARTMENT SHALL BE DIRECT SUPERVISION AS DEFINED BY THE COMMIS-
 SIONER'S REGULATIONS.
   3. A LIMITED PERMIT SHALL BE VALID FOR ONE YEAR. A LIMITED PERMIT  MAY
 BE  RENEWED  ONCE FOR A PERIOD NOT TO EXCEED ONE ADDITIONAL YEAR, AT THE
 DISCRETION OF THE DEPARTMENT, UPON  THE  SUBMISSION  OF  AN  EXPLANATION
 SATISFACTORY  TO  THE  DEPARTMENT  FOR  AN APPLICANT'S FAILURE TO BECOME
 LICENSED WITHIN THE ORIGINAL ONE-YEAR PERIOD.
   4. THE FEE FOR A LIMITED PERMIT SHALL BE SEVENTY DOLLARS.
 S. 4007                            426                           A. 3007
 
   § 7906. EXEMPT PERSONS. THIS TITLE SHALL NOT BE CONSTRUED TO AFFECT OR
 PREVENT THE FOLLOWING, PROVIDED THAT NO  TITLE,  SIGN,  CARD  OR  DEVICE
 SHALL  BE  USED  IN SUCH MANNER AS TO TEND TO CONVEY THE IMPRESSION THAT
 THE PERSON RENDERING SUCH SERVICE IS A LICENSED OCCUPATIONAL THERAPIST:
   1.  A  LICENSED  PHYSICIAN FROM PRACTICING HIS OR HER PROFESSION UNDER
 TITLE ONE AND TITLE TWO OF THIS ARTICLE.
   2.  QUALIFIED  MEMBERS  OF  OTHER  LICENSED  OR   LEGALLY   RECOGNIZED
 PROFESSIONS  FROM  PERFORMING  WORK  INCIDENTAL TO THE PRACTICE OF THEIR
 PROFESSION, EXCEPT THAT SUCH PERSONS MAY NOT HOLD THEMSELVES  OUT  UNDER
 THE TITLE OCCUPATIONAL THERAPIST OR AS PERFORMING OCCUPATIONAL THERAPY.
   3.  A STUDENT FROM ENGAGING IN CLINICAL PRACTICE AS PART OF AN ACCRED-
 ITED PROGRAM IN OCCUPATIONAL THERAPY, PURSUANT TO SUBDIVISION  THREE  OF
 SECTION SEVENTY-NINE HUNDRED FOUR OF THIS TITLE.
   4. AN OCCUPATIONAL THERAPY ASSISTANT STUDENT FROM ENGAGING IN CLINICAL
 PRACTICE  UNDER  THE DIRECTION AND SUPERVISION OF AN OCCUPATIONAL THERA-
 PIST OR AN OCCUPATIONAL THERAPY ASSISTANT WHO IS UNDER  THE  SUPERVISION
 OF  AN  OCCUPATIONAL  THERAPIST,  AS  PART OF AN ACCREDITED OCCUPATIONAL
 THERAPY ASSISTANT PROGRAM, AS DEFINED BY THE COMMISSIONER AND IN ACCORD-
 ANCE WITH THE COMMISSIONER'S REGULATIONS.
   5. THE CARE OF THE  SICK  BY  ANY  PERSON,  PROVIDED  SUCH  PERSON  IS
 EMPLOYED  PRIMARILY IN A DOMESTIC CAPACITY. THIS SHALL NOT AUTHORIZE THE
 TREATMENT OF PATIENTS IN A HOME CARE SERVICE OF  ANY  HOSPITAL,  CLINIC,
 INSTITUTION OR AGENCY.
   6.  AN EMPLOYEE OF A FEDERAL AGENCY FROM USING THE TITLE OR PRACTICING
 AS AN OCCUPATIONAL THERAPIST INSOFAR AS SUCH ACTIVITIES ARE REQUIRED  BY
 HIS  OR HER SALARIED POSITION AND THE USE OF SUCH TITLE SHALL BE LIMITED
 TO SUCH EMPLOYMENT.
   7. THE FOLLOWING PEOPLE FROM WORKING UNDER THE DIRECT SUPERVISION OF A
 LICENSED OCCUPATIONAL THERAPIST: AN INDIVIDUAL EMPLOYED BY THE STATE  OR
 MUNICIPAL  GOVERNMENT  UPON  THE  EFFECTIVE  DATE  OF  THIS  SECTION WHO
 PERFORMS SUPPORTIVE SERVICES IN OCCUPATIONAL THERAPY SOLELY FOR THE TIME
 SUCH PERSON CONTINUES IN SUCH EMPLOYMENT.
   8. ANY OCCUPATIONAL THERAPIST WHO IS LICENSED IN ANOTHER STATE, UNITED
 STATES POSSESSION OR COUNTRY OR WHO HAS RECEIVED AT  LEAST  A  BACCALAU-
 REATE DEGREE OR ITS EQUIVALENT IN OCCUPATIONAL THERAPY AND WHO IS EITHER
 IN THIS STATE FOR THE PURPOSES OF:
   A.  CONSULTATION,  PROVIDED SUCH PRACTICE IS LIMITED TO SUCH CONSULTA-
 TION;
   B. AN OCCUPATIONAL THERAPIST AUTHORIZED TO PRACTICE IN  ANOTHER  STATE
 OR   COUNTRY  FROM  CONDUCTING  A  TEACHING  CLINICAL  DEMONSTRATION  IN
 CONNECTION WITH A PROGRAM OF BASIC CLINICAL EDUCATION,  GRADUATE  EDUCA-
 TION  OR  POST  GRADUATE EDUCATION IN AN APPROVED SCHOOL OF OCCUPATIONAL
 THERAPY OR ITS AFFILIATED CLINICAL FACILITY OR  HEALTH  CARE  AGENCY  OR
 BEFORE A GROUP OF LICENSED OCCUPATIONAL THERAPISTS; OR
   C.  BECAUSE  HE  OR  SHE RESIDES NEAR A BORDER OF THIS STATE, PROVIDED
 SUCH PRACTICE IS LIMITED IN THIS STATE TO THE VICINITY  OF  SUCH  BORDER
 AND  SAID OCCUPATIONAL THERAPIST DOES NOT MAINTAIN AN OFFICE OR PLACE TO
 MEET PATIENTS OR RECEIVE CALLS IN THIS STATE.
   § 7907. SPECIAL CONDITIONS. 1. A PERSON WHO UPON THE EFFECTIVE DATE OF
 THIS TITLE:
   A. SUBMITS EVIDENCE OF A MINIMUM OF THREE  YEARS  OF  EXPERIENCE  WITH
 TRAINING  SATISFACTORY  TO  THE  BOARD  IN  OCCUPATIONAL  THERAPY AND IN
 ACCORDANCE WITH THE REGULATIONS OF THE COMMISSIONER; OR
   B. A BACCALAUREATE DEGREE OR ITS EQUIVALENT IN  OCCUPATIONAL  THERAPY,
 SHALL  BE LICENSED UPON THE FILING OF AN APPLICATION WITH THE DEPARTMENT
 WITHIN SIX MONTHS OF THE EFFECTIVE DATE OF THIS TITLE.
 S. 4007                            427                           A. 3007
 
   2. A PERSON WHO ON THE  EFFECTIVE  DATE  OF  THIS  SUBDIVISION  HAS  A
 CURRENT  REGISTRATION  WITH  THE  DEPARTMENT  AS AN OCCUPATIONAL THERAPY
 ASSISTANT, IF SUCH PERSON MEETS THE REQUIREMENTS FOR  A  LICENSE  ESTAB-
 LISHED  WITHIN  THIS TITLE, EXCEPT FOR EXAMINATION, THE DEPARTMENT SHALL
 ISSUE A LICENSE WITHOUT EXAMINATION.
   §  7908.  MANDATORY CONTINUING COMPETENCY. 1. A. EACH LICENSED OCCUPA-
 TIONAL THERAPIST AND OCCUPATIONAL THERAPY ASSISTANT REQUIRED UNDER  THIS
 TITLE  TO  REGISTER  TRIENNIALLY  WITH THE DEPARTMENT TO PRACTICE IN THE
 STATE SHALL COMPLY WITH  THE  PROVISIONS  OF  THE  MANDATORY  CONTINUING
 COMPETENCY  REQUIREMENTS  PRESCRIBED IN SUBDIVISION TWO OF THIS SECTION,
 EXCEPT AS PROVIDED IN PARAGRAPHS B AND C OF THIS SUBDIVISION.    OCCUPA-
 TIONAL THERAPISTS AND OCCUPATIONAL THERAPY ASSISTANTS WHO DO NOT SATISFY
 THE MANDATORY CONTINUING COMPETENCY REQUIREMENTS SHALL NOT BE AUTHORIZED
 TO  PRACTICE  UNTIL  THEY HAVE MET SUCH REQUIREMENTS, AND THEY HAVE BEEN
 ISSUED A REGISTRATION CERTIFICATE, EXCEPT THAT AN OCCUPATIONAL THERAPIST
 OR OCCUPATIONAL THERAPY ASSISTANT MAY PRACTICE WITHOUT HAVING  MET  SUCH
 REQUIREMENTS  IF HE OR SHE IS ISSUED A CONDITIONAL REGISTRATION PURSUANT
 TO SUBDIVISION THREE OF THIS SECTION.
   B. OCCUPATIONAL THERAPISTS AND OCCUPATIONAL THERAPY  ASSISTANTS  SHALL
 BE  EXEMPT  FROM THE MANDATORY CONTINUING COMPETENCY REQUIREMENT FOR THE
 TRIENNIAL REGISTRATION PERIOD DURING  WHICH  THEY  ARE  FIRST  LICENSED.
 ADJUSTMENT  TO  THE  MANDATORY CONTINUING COMPETENCY REQUIREMENTS MAY BE
 GRANTED BY THE DEPARTMENT FOR REASONS OF HEALTH OF  THE  LICENSEE  WHERE
 CERTIFIED  BY  AN  APPROPRIATE  HEALTH  CARE  PROFESSIONAL, FOR EXTENDED
 ACTIVE DUTY WITH THE ARMED FORCES OF THE UNITED  STATES,  OR  FOR  OTHER
 GOOD CAUSE ACCEPTABLE TO THE DEPARTMENT WHICH MAY PREVENT COMPLIANCE.
   C. A LICENSED OCCUPATIONAL THERAPIST OR OCCUPATIONAL THERAPY ASSISTANT
 NOT  ENGAGED  IN  PRACTICE,  AS  DETERMINED  BY THE DEPARTMENT, SHALL BE
 EXEMPT FROM THE MANDATORY CONTINUING  COMPETENCY  REQUIREMENT  UPON  THE
 FILING  OF  A  STATEMENT  WITH THE DEPARTMENT DECLARING SUCH STATUS. ANY
 LICENSEE WHO RETURNS TO THE PRACTICE OF OCCUPATIONAL THERAPY DURING  THE
 TRIENNIAL REGISTRATION PERIOD SHALL NOTIFY THE DEPARTMENT PRIOR TO REEN-
 TERING THE PROFESSION AND SHALL MEET SUCH MANDATORY CONTINUING COMPETEN-
 CY REQUIREMENTS AS SHALL BE PRESCRIBED BY REGULATIONS OF THE COMMISSION-
 ER.
   2.  A.  DURING  EACH  TRIENNIAL  REGISTRATION  PERIOD AN APPLICANT FOR
 REGISTRATION AS AN OCCUPATIONAL THERAPIST SHALL COMPLETE  A  MINIMUM  OF
 THIRTY-SIX  HOURS  OF LEARNING ACTIVITIES WHICH CONTRIBUTE TO CONTINUING
 COMPETENCE, AS SPECIFIED IN SUBDIVISION FOUR OF THIS  SECTION,  PROVIDED
 FURTHER  THAT  AT  LEAST  TWENTY-FOUR  HOURS  SHALL BE IN AREAS OF STUDY
 PERTINENT TO THE SCOPE OF PRACTICE OF  OCCUPATIONAL  THERAPY.  WITH  THE
 EXCEPTION  OF  CONTINUING  EDUCATION HOURS TAKEN DURING THE REGISTRATION
 PERIOD IMMEDIATELY PRECEDING THE EFFECTIVE DATE OF THIS SECTION, CONTIN-
 UING EDUCATION HOURS TAKEN DURING ONE TRIENNIUM SHALL NOT BE TRANSFERRED
 TO A SUBSEQUENT TRIENNIUM.
   B. DURING EACH TRIENNIAL REGISTRATION PERIOD AN APPLICANT  FOR  REGIS-
 TRATION AS AN OCCUPATIONAL THERAPY ASSISTANT SHALL COMPLETE A MINIMUM OF
 THIRTY-SIX  HOURS  OF LEARNING ACTIVITIES WHICH CONTRIBUTE TO CONTINUING
 COMPETENCE AS SPECIFIED IN SUBDIVISION FOUR OF  THIS  SECTION,  PROVIDED
 FURTHER  THAT AT LEAST TWENTY-FOUR HOURS SHALL BE IN RECOGNIZED AREAS OF
 STUDY PERTINENT TO THE LICENSEE'S  PROFESSIONAL  SCOPE  OF  PRACTICE  OF
 OCCUPATIONAL  THERAPY.  WITH THE EXCEPTION OF CONTINUING EDUCATION HOURS
 TAKEN DURING THE REGISTRATION PERIOD IMMEDIATELY PRECEDING THE EFFECTIVE
 DATE OF THIS SECTION, CONTINUING EDUCATION HOURS TAKEN DURING ONE TRIEN-
 NIUM SHALL NOT BE TRANSFERRED TO A SUBSEQUENT TRIENNIUM.
 S. 4007                            428                           A. 3007
 
   C. ANY OCCUPATIONAL THERAPIST OR OCCUPATIONAL THERAPY ASSISTANT  WHOSE
 FIRST  REGISTRATION  DATE  FOLLOWING  THE EFFECTIVE DATE OF THIS SECTION
 OCCURS LESS THAN THREE YEARS FROM SUCH EFFECTIVE DATE BUT  ON  OR  AFTER
 JANUARY  FIRST,  TWO THOUSAND THIRTEEN, SHALL COMPLETE CONTINUING COMPE-
 TENCY  HOURS  ON A PRORATED BASIS AT THE RATE OF ONE-HALF HOUR PER MONTH
 FOR THE PERIOD BEGINNING JANUARY FIRST, TWO THOUSAND THIRTEEN UP TO  THE
 FIRST REGISTRATION DATE.
   D. THEREAFTER, A LICENSEE WHO HAS NOT SATISFIED THE MANDATORY CONTINU-
 ING COMPETENCY REQUIREMENTS SHALL NOT BE ISSUED A TRIENNIAL REGISTRATION
 CERTIFICATE  BY THE DEPARTMENT AND SHALL NOT PRACTICE UNLESS AND UNTIL A
 CONDITIONAL REGISTRATION CERTIFICATE IS ISSUED AS PROVIDED FOR IN SUBDI-
 VISION THREE OF THIS SECTION.
   3. THE DEPARTMENT, IN ITS DISCRETION, MAY ISSUE A  CONDITIONAL  REGIS-
 TRATION  TO  A  LICENSEE  WHO  FAILS  TO  MEET THE CONTINUING COMPETENCY
 REQUIREMENTS ESTABLISHED IN SUBDIVISION TWO OF  THIS  SECTION,  BUT  WHO
 AGREES  TO MAKE UP ANY DEFICIENCIES AND COMPLETE ANY ADDITIONAL LEARNING
 ACTIVITIES WHICH THE DEPARTMENT MAY REQUIRE. THE FEE FOR SUCH  A  CONDI-
 TIONAL  REGISTRATION  SHALL  BE THE SAME AS, AND IN ADDITION TO, THE FEE
 FOR THE TRIENNIAL REGISTRATION.  THE DURATION OF SUCH CONDITIONAL REGIS-
 TRATION SHALL BE DETERMINED BY THE DEPARTMENT BUT SHALL NOT  EXCEED  ONE
 YEAR.  ANY  LICENSEE  WHO  IS NOTIFIED OF THE DENIAL OF REGISTRATION FOR
 FAILURE TO SUBMIT EVIDENCE, SATISFACTORY TO THE DEPARTMENT, OF  REQUIRED
 CONTINUING COMPETENCY LEARNING ACTIVITIES AND WHO PRACTICES WITHOUT SUCH
 REGISTRATION,  MAY  BE  SUBJECT  TO DISCIPLINARY PROCEEDINGS PURSUANT TO
 SECTION SIXTY-FIVE HUNDRED TEN OF THIS ARTICLE.
   4. AS USED IN SUBDIVISION TWO OF THIS  SECTION,  "ACCEPTABLE  LEARNING
 ACTIVITIES" SHALL MEAN ACTIVITIES WHICH CONTRIBUTE TO PROFESSIONAL PRAC-
 TICE IN OCCUPATIONAL THERAPY, AND WHICH MEET THE STANDARDS PRESCRIBED IN
 THE  REGULATIONS  OF  THE  COMMISSIONER.  SUCH LEARNING ACTIVITIES SHALL
 INCLUDE, BUT NOT BE LIMITED TO, COLLEGIATE LEVEL CREDIT  AND  NON-CREDIT
 COURSES,  SELF-STUDY  ACTIVITIES,  INDEPENDENT  STUDY,  FORMAL MENTORING
 ACTIVITIES, PUBLICATIONS IN PROFESSIONAL JOURNALS, PROFESSIONAL DEVELOP-
 MENT PROGRAMS AND TECHNICAL SESSIONS; SUCH LEARNING  ACTIVITIES  MAY  BE
 OFFERED  AND SPONSORED BY NATIONAL, STATE AND LOCAL PROFESSIONAL ASSOCI-
 ATIONS AND OTHER ORGANIZATIONS OR PARTIES ACCEPTABLE TO THE  DEPARTMENT,
 AND  ANY  OTHER  ORGANIZED EDUCATIONAL AND TECHNICAL LEARNING ACTIVITIES
 ACCEPTABLE TO THE DEPARTMENT. THE DEPARTMENT MAY, IN ITS DISCRETION  AND
 AS NEEDED TO CONTRIBUTE TO THE HEALTH AND WELFARE OF THE PUBLIC, REQUIRE
 THE  COMPLETION OF CONTINUING COMPETENCY LEARNING ACTIVITIES IN SPECIFIC
 SUBJECTS TO FULFILL THIS MANDATORY  CONTINUING  COMPETENCY  REQUIREMENT.
 LEARNING  ACTIVITIES  SHALL  BE  TAKEN  FROM  A  SPONSOR APPROVED BY THE
 DEPARTMENT, PURSUANT TO THE REGULATIONS OF THE COMMISSIONER.
   5. OCCUPATIONAL THERAPISTS AND OCCUPATIONAL THERAPY  ASSISTANTS  SHALL
 MAINTAIN ADEQUATE DOCUMENTATION OF COMPLETION OF A. A LEARNING PLAN THAT
 SHALL  RECORD  CURRENT  AND  ANTICIPATED  ROLES AND RESPONSIBILITIES BUT
 SHALL NOT REQUIRE THE RECORDS  OF  PEER  REVIEW  OR  SELF-ASSESSMENT  OF
 COMPETENCIES,  AND  B.  ACCEPTABLE CONTINUING COMPETENCY LEARNING ACTIV-
 ITIES AND SHALL PROVIDE SUCH DOCUMENTATION AT THE REQUEST OF THE DEPART-
 MENT. FAILURE TO PROVIDE SUCH DOCUMENTATION UPON REQUEST OF THE  DEPART-
 MENT  SHALL  BE  AN  ACT  OF  MISCONDUCT  SUBJECT  TO  THE  DISCIPLINARY
 PROCEEDINGS PURSUANT TO SECTION SIXTY-FIVE HUNDRED TEN OF THIS TITLE.
   6. THE MANDATORY CONTINUING COMPETENCY FEE SHALL BE FORTY-FIVE DOLLARS
 FOR OCCUPATIONAL THERAPISTS AND  TWENTY-FIVE  DOLLARS  FOR  OCCUPATIONAL
 THERAPY  ASSISTANTS, SHALL BE PAYABLE ON OR BEFORE THE FIRST DAY OF EACH
 TRIENNIAL REGISTRATION PERIOD, AND SHALL BE  PAID  IN  ADDITION  TO  THE
 S. 4007                            429                           A. 3007
 
 TRIENNIAL REGISTRATION FEE REQUIRED BY SECTION SEVENTY-NINE HUNDRED FOUR
 OF THIS TITLE.
 
                                 TITLE 21
                          DIETETICS AND NUTRITION
 SECTION 8000. INTRODUCTION.
         8001. DEFINITIONS.
         8002. USE OF TITLES.
         8003. STATE BOARD FOR DIETETICS AND NUTRITION.
         8004. REQUIREMENTS FOR CERTIFICATION.
         8005. SPECIAL PROVISIONS.
         8006. SPECIAL CONDITIONS.
   §  8000.  INTRODUCTION.  THIS  TITLE  APPLIES TO THE USE OF THE TITLES
 "CERTIFIED  DIETITIAN"  AND  "CERTIFIED   NUTRITIONIST".   THE   GENERAL
 PROVISION  FOR  ALL  PROFESSIONS  CONTAINED IN TITLE ONE OF THIS ARTICLE
 SHALL APPLY TO THIS TITLE.
   § 8001. DEFINITIONS. 1. DIETETICS AND NUTRITION ARE  EACH  DEFINED  IN
 THIS  SECTION  AS  THE INTEGRATION AND APPLICATION OF PRINCIPLES DERIVED
 FROM THE SCIENCES OF NUTRITION, BIOCHEMISTRY, PHYSIOLOGY,  FOOD  MANAGE-
 MENT AND BEHAVIORAL AND SOCIAL SCIENCES TO ACHIEVE AND MAINTAIN PEOPLE'S
 HEALTH.
   2.  WHERE  THE TITLE "CERTIFIED DIETITIAN" OR "CERTIFIED NUTRITIONIST"
 IS USED IN THIS ARTICLE IT SHALL MEAN "CERTIFIED DIETITIAN",  "CERTIFIED
 DIETICIAN", OR "CERTIFIED NUTRITIONIST".
   3.  A CERTIFIED DIETITIAN OR CERTIFIED NUTRITIONIST IS ONE WHO ENGAGES
 IN THE INTEGRATION  AND  APPLICATION  OF  PRINCIPLES  DERIVED  FROM  THE
 SCIENCES  OF  NUTRITION,  BIOCHEMISTRY,  PHYSIOLOGY, FOOD MANAGEMENT AND
 BEHAVIORAL AND SOCIAL SCIENCES TO ACHIEVE AND MAINTAIN PEOPLE'S  HEALTH,
 AND WHO IS CERTIFIED AS SUCH BY THE DEPARTMENT PURSUANT TO SECTION EIGHT
 THOUSAND  FOUR OF THIS TITLE. THE PRIMARY FUNCTION OF A CERTIFIED DIETI-
 TIAN OR CERTIFIED  NUTRITIONIST  IS  THE  PROVISION  OF  NUTRITION  CARE
 SERVICES THAT SHALL INCLUDE:
   A. ASSESSING NUTRITION NEEDS AND FOOD PATTERNS;
   B.  PLANNING  FOR  AND DIRECTING THE PROVISION OF FOOD APPROPRIATE FOR
 PHYSICAL AND NUTRITION NEEDS; AND
   C. PROVIDING NUTRITION COUNSELING.
   § 8002. USE OF TITLES. ONLY A PERSON CERTIFIED UNDER THIS TITLE  SHALL
 BE  AUTHORIZED TO USE THE TITLE "CERTIFIED DIETITIAN", "CERTIFIED DIETI-
 CIAN", OR "CERTIFIED NUTRITIONIST".
   § 8003. STATE BOARD FOR DIETETICS AND NUTRITION. 1. A STATE BOARD  FOR
 DIETETICS  AND NUTRITION SHALL BE APPOINTED BY THE COMMISSIONER, FOR THE
 PURPOSE OF ASSISTING THE DEPARTMENT  ON  MATTERS  OF  CERTIFICATION  AND
 PROFESSIONAL CONDUCT IN ACCORDANCE WITH SECTION SIXTY-FIVE HUNDRED EIGHT
 OF THIS ARTICLE.
   2.  THE  BOARD SHALL CONSIST OF NOT LESS THAN THIRTEEN MEMBERS, TEN OF
 WHOM SHALL BE CERTIFIED DIETITIANS OR  CERTIFIED  NUTRITIONISTS,  EXCEPT
 THAT  THE  MEMBERS OF THE FIRST BOARD NEED NOT BE CERTIFIED BUT SHALL BE
 PERSONS WHO ARE ELIGIBLE FOR CERTIFICATION UNDER THE PROVISIONS OF  THIS
 TITLE  PRIOR  TO  THEIR  APPOINTMENT TO THE BOARD. THE FIRST BOARD, WITH
 RESPECT TO MEMBERS REPRESENTING THE PROFESSION, SHALL  CONSIST  OF  FIVE
 MEMBERS  REGISTERED  BY A NATIONAL DIETETIC ASSOCIATION HAVING REGISTRA-
 TION STANDARDS ACCEPTABLE TO THE DEPARTMENT AND  FIVE  MEMBERS  WHO  ARE
 MEMBERS  OF  OR  REGISTERED BY A NATIONAL NUTRITIONAL ASSOCIATION HAVING
 MEMBERSHIP AND/OR REGISTRATION STANDARDS ACCEPTABLE TO  THE  DEPARTMENT.
 THEREAFTER,  MEMBERS  OF THE PROFESSION APPOINTED TO SUCH BOARD SHALL BE
 CERTIFIED PURSUANT TO THIS TITLE. TO THE EXTENT REASONABLE, THE  DEPART-
 S. 4007                            430                           A. 3007

 MENT  SHOULD INSURE THE STATE BOARD IS BROADLY REPRESENTATIVE OF VARIOUS
 PROFESSIONAL INTERESTS WITHIN THE DIETETIC  AND  NUTRITIONAL  COMMUNITY.
 THREE  MEMBERS SHALL BE REPRESENTATIVES OF THE GENERAL PUBLIC. AN EXECU-
 TIVE SECRETARY TO THE BOARD SHALL BE APPOINTED BY THE COMMISSIONER.
   §  8004. REQUIREMENTS FOR CERTIFICATION. TO QUALIFY FOR CERTIFICATION,
 AN APPLICANT SHALL FULFILL THE FOLLOWING REQUIREMENTS:
   1. FILE AN APPLICATION WITH THE DEPARTMENT;
   2. A. (I) HAVE RECEIVED AN EDUCATION INCLUDING A BACHELOR'S DEGREE, OR
 ITS EQUIVALENT AS DETERMINED BY THE DEPARTMENT,  IN  DIETETICS/NUTRITION
 OR  AN  EQUIVALENT MAJOR COURSE OF STUDY WHICH SHALL INCLUDE APPROPRIATE
 CORE  CURRICULUM  COURSES  IN  DIETETICS/NUTRITION  FROM  AN  ACCREDITED
 COLLEGE  OR UNIVERSITY AS APPROVED BY THE DEPARTMENT, IN ACCORDANCE WITH
 THE COMMISSIONER'S REGULATIONS; AND
   (II) HAVE COMPLETED A PLANNED, CONTINUOUS,  EXPERIENCE  COMPONENT,  IN
 ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS, IN DIETETIC OR NUTRITION
 PRACTICE  UNDER  THE  SUPERVISION  OF A CERTIFIED DIETITIAN OR CERTIFIED
 NUTRITIONIST OR A DIETITIAN OR NUTRITIONIST WHO IS REGISTERED BY OR IS A
 MEMBER OF A NATIONAL DIETETIC ASSOCIATION OR NATIONAL NUTRITION  ASSOCI-
 ATION  HAVING  REGISTRATION  OR  MEMBERSHIP  STANDARDS ACCEPTABLE TO THE
 DEPARTMENT; SUCH EXPERIENCE SHALL BE SATISFACTORY TO THE  BOARD  AND  IN
 ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS; OR
   B.  (I)  HAVE  RECEIVED AN EDUCATION INCLUDING AN ASSOCIATES DEGREE IN
 DIETETICS OR NUTRITION ACCEPTABLE TO THE DEPARTMENT;
   (II) IN THE LAST FIFTEEN YEARS HAVE COMPLETED TEN YEARS OF  EXPERIENCE
 AND EDUCATION IN THE FIELD OF DIETETICS OR NUTRITION SATISFACTORY TO THE
 BOARD IN ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS. THESE TEN YEARS
 MUST  BE  THE  FULL TIME EQUIVALENT OF ANY COMBINATION OF POST SECONDARY
 DIETETIC OR NUTRITION EDUCATION AND DIETETIC OR NUTRITION  WORK  EXPERI-
 ENCE  SATISFACTORY  TO  THE  BOARD IN ACCORDANCE WITH THE COMMISSIONER'S
 REGULATIONS; AND
   (III) HAVE OBTAINED THE ENDORSEMENT OF THREE DIETITIANS OR  NUTRITION-
 ISTS ACCEPTABLE TO THE DEPARTMENT;
   3.  PASS  AN  EXAMINATION  SATISFACTORY TO THE BOARD AND IN ACCORDANCE
 WITH THE COMMISSIONER'S  REGULATIONS;  PROVIDED  THAT  SUCH  EXAMINATION
 SHALL  TEST  A  LEVEL  OF  KNOWLEDGE  AND  EXPERIENCE EQUIVALENT TO THAT
 OBTAINED BY AN INDIVIDUAL SATISFACTORILY  MEETING  THE  REQUIREMENTS  OF
 PARAGRAPH A OF SUBDIVISION TWO OF THIS SECTION;
   4. PAY A FEE OF ONE HUNDRED SEVENTY-FIVE DOLLARS TO THE DEPARTMENT FOR
 ADMISSION  TO A DEPARTMENT CONDUCTED EXAMINATION AND FOR INITIAL CERTIF-
 ICATION, A FEE OF EIGHTY-FIVE DOLLARS FOR EACH REEXAMINATION, A  FEE  OF
 ONE HUNDRED FIFTEEN DOLLARS FOR AN INITIAL CERTIFICATION FOR PERSONS NOT
 REQUIRING  ADMISSION TO A DEPARTMENT CONDUCTED EXAMINATION, A FEE OF ONE
 HUNDRED FIFTY-FIVE DOLLARS FOR EACH TRIENNIAL REGISTRATION PERIOD; AND
   5. BE AT LEAST EIGHTEEN YEARS OF AGE.
   § 8005. SPECIAL PROVISIONS. NOTHING CONTAINED IN THIS TITLE  SHALL  BE
 DEEMED  TO ALTER, MODIFY OR IMPAIR ANY CONDITIONS OF EMPLOYMENT RELATING
 TO SERVICE IN THE FEDERAL GOVERNMENT, THE STATE OF NEW YORK,  ITS  POLI-
 TICAL SUBDIVISIONS, INCLUDING SCHOOL DISTRICTS, OR SPECIAL DISTRICTS AND
 AUTHORITIES  OR ANY FACILITIES OR INSTITUTIONS UNDER THE JURISDICTION OF
 OR SUBJECT TO THE CERTIFICATION OF ANY AGENCY OF THE STATE OF  NEW  YORK
 OR ITS POLITICAL SUBDIVISIONS.
   §  8006. SPECIAL CONDITIONS. A PERSON SHALL BE CERTIFIED WITHOUT EXAM-
 INATION PROVIDED THAT, WITHIN THREE YEARS OF THE EFFECTIVE DATE OF  THIS
 TITLE, THE INDIVIDUAL:
   1.  FILES  AN APPLICATION AND PAYS THE APPROPRIATE FEES TO THE DEPART-
 MENT; AND
 S. 4007                            431                           A. 3007
 
   2. A. IS REGISTERED AS A DIETITIAN OR NUTRITIONIST BY A NATIONAL DIET-
 ETIC OR NATIONAL NUTRITION  ASSOCIATION  HAVING  REGISTRATION  STANDARDS
 ACCEPTABLE TO THE DEPARTMENT;
   B. MEETS THE REQUIREMENTS OF SUBPARAGRAPH ONE OF PARAGRAPH A OF SUBDI-
 VISION  TWO  AND SUBDIVISION FIVE OF SECTION EIGHT THOUSAND FOUR OF THIS
 TITLE AND HAS BEEN ACTIVELY ENGAGED IN THE PROVISION OF  NUTRITION  CARE
 SERVICES  FOR A MINIMUM OF THREE YEARS DURING THE FIVE YEARS IMMEDIATELY
 PRECEDING THE EFFECTIVE DATE OF THIS TITLE; OR
   C. MEETS ALL THE REQUIREMENTS OF PARAGRAPH B OF  SUBDIVISION  TWO  AND
 SUBDIVISION FIVE OF SECTION EIGHT THOUSAND FOUR OF THIS TITLE.

                                 TITLE 22
               SPEECH-LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS
 SECTION 8100. INTRODUCTION.
         8101. DEFINITION OF PRACTICE OF SPEECH-LANGUAGE PATHOLOGY.
         8102. PRACTICE OF SPEECH-LANGUAGE PATHOLOGY.
         8103. DEFINITION OF PRACTICE OF AUDIOLOGY.
         8104. PRACTICE OF AUDIOLOGY.
         8105. STATE BOARD FOR SPEECH-LANGUAGE PATHOLOGY AND AUDIOLOGY.
         8106. REQUIREMENTS FOR A PROFESSIONAL LICENSE.
         8106-A. LIMITED LICENSE.
         8107. EXEMPT PERSONS.
         8108. SPECIAL PROVISIONS.
         8109. MANDATORY CONTINUING COMPETENCY.
   § 8100. INTRODUCTION. THIS TITLE APPLIES TO THE PROFESSIONS OF SPEECH-
 LANGUAGE  PATHOLOGY  AND  AUDIOLOGY.  THE  GENERAL  PROVISIONS  FOR  ALL
 PROFESSIONS CONTAINED IN TITLE ONE OF THIS ARTICLE APPLY TO THIS TITLE.
   § 8101. DEFINITION OF PRACTICE OF SPEECH-LANGUAGE PATHOLOGY. THE PRAC-
 TICE OF THE PROFESSION  OF  SPEECH-LANGUAGE  PATHOLOGY  SHALL  MEAN  THE
 APPLICATION  OF  PRINCIPLES,  METHODS  AND  PROCEDURES  OF  MEASUREMENT,
 PREDICTION, NON-MEDICAL DIAGNOSIS, TESTING,  COUNSELLING,  CONSULTATION,
 REHABILITATION  AND INSTRUCTION RELATED TO THE DEVELOPMENT AND DISORDERS
 OF SPEECH,  VOICE,  SWALLOWING,  AND/OR  LANGUAGE  FOR  THE  PURPOSE  OF
 PREVENTING,  AMELIORATING OR MODIFYING SUCH DISORDER CONDITIONS IN INDI-
 VIDUALS AND/OR GROUPS OF INDIVIDUALS.
   § 8102. PRACTICE OF SPEECH-LANGUAGE PATHOLOGY. ONLY A PERSON  LICENSED
 OR  OTHERWISE AUTHORIZED UNDER THIS TITLE SHALL PRACTICE SPEECH-LANGUAGE
 PATHOLOGY OR USE THE TITLE OF SPEECH-LANGUAGE PATHOLOGIST.
   § 8103. DEFINITION OF PRACTICE  OF  AUDIOLOGY.  THE  PRACTICE  OF  THE
 PROFESSION  OF AUDIOLOGY SHALL MEAN THE APPLICATION OF PRINCIPLES, METH-
 ODS AND PROCEDURES OF MEASUREMENT,  TESTING,  EVALUATION,  CONSULTATION,
 COUNSELLING,  INSTRUCTION  AND HABILITATION OR REHABILITATION RELATED TO
 HEARING AND ITS DISORDERS, RELATED COMMUNICATION IMPAIRMENTS AND  VESTI-
 BULAR  DISORDERS  FOR  THE PURPOSE OF NON-MEDICAL DIAGNOSIS, PREVENTION,
 IDENTIFICATION, AMELIORATION  OR  MODIFICATION  OF  SUCH  DISORDERS  AND
 CONDITIONS IN INDIVIDUALS AND/OR GROUPS OF INDIVIDUALS.
   §  8104.  PRACTICE  OF  AUDIOLOGY. ONLY A PERSON LICENSED OR OTHERWISE
 AUTHORIZED UNDER THIS TITLE SHALL PRACTICE AUDIOLOGY OR  USE  THE  TITLE
 AUDIOLOGIST.
   §  8105.  STATE  BOARD  FOR SPEECH-LANGUAGE PATHOLOGY AND AUDIOLOGY. A
 STATE  BOARD  FOR  SPEECH-LANGUAGE  PATHOLOGY  AND  AUDIOLOGY  SHALL  BE
 APPOINTED  BY  THE COMMISSIONER FOR THE PURPOSE OF ASSISTING THE DEPART-
 MENT ON MATTERS OF PROFESSIONAL LICENSING AND  PROFESSIONAL  CONDUCT  IN
 ACCORDANCE  WITH  SECTION  SIXTY-FIVE  HUNDRED  EIGHT OF THIS TITLE. THE
 BOARD SHALL CONSIST OF NOT LESS THAN SEVEN MEMBERS, THREE OF WHOM  SHALL
 BE  AUDIOLOGISTS AND FOUR OF WHOM SHALL BE SPEECH-LANGUAGE PATHOLOGISTS.
 S. 4007                            432                           A. 3007
 
 EACH SPEECH-LANGUAGE PATHOLOGIST AND AUDIOLOGIST ON THE BOARD  SHALL  BE
 LICENSED  AND  HAVE  PRACTICED IN THIS STATE FOR AT LEAST FIVE YEARS, AS
 PROVIDED UNDER THIS TITLE EXCEPT THAT THE MEMBERS  OF  THE  FIRST  BOARD
 NEED  NOT BE LICENSED PRIOR TO THEIR APPOINTMENT TO THE BOARD. AN EXECU-
 TIVE SECRETARY TO THE BOARD SHALL BE APPOINTED BY THE COMMISSIONER.
   § 8106. REQUIREMENTS FOR A PROFESSIONAL  LICENSE.  TO  QUALIFY  FOR  A
 LICENSE  AS  A  SPEECH-LANGUAGE PATHOLOGIST OR AUDIOLOGIST, AN APPLICANT
 SHALL FULFILL THE FOLLOWING REQUIREMENTS:
   1. APPLICATION: FILE AN APPLICATION WITH THE DEPARTMENT;
   2. EDUCATION: HAVE OBTAINED AT LEAST A MASTERS DEGREE  IN  SPEECH-LAN-
 GUAGE PATHOLOGY AND/OR AUDIOLOGY OR ITS EQUIVALENT, AS DETERMINED BY THE
 DEPARTMENT, IN ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS;
   3.  EXPERIENCE:  HAVE  EXPERIENCE  SATISFACTORY  TO  THE  BOARD 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. FEES: PAY A FEE OF ONE HUNDRED FORTY DOLLARS TO THE DEPARTMENT  FOR
 ADMISSION  TO  A  DEPARTMENT  CONDUCTED  EXAMINATION  AND FOR AN INITIAL
 LICENSE, A FEE OF SEVENTY DOLLARS FOR EACH REEXAMINATION, A FEE  OF  ONE
 HUNDRED FIFTEEN DOLLARS FOR AN INITIAL LICENSE FOR PERSONS NOT REQUIRING
 ADMISSION  TO  A  DEPARTMENT  CONDUCTED  EXAMINATION,  AND  A FEE OF ONE
 HUNDRED FIFTY-FIVE DOLLARS FOR EACH TRIENNIAL REGISTRATION PERIOD.
   § 8106-A. LIMITED LICENSE. 1. THE DEPARTMENT  SHALL  ISSUE  A  LIMITED
 LICENSE  TO  AN APPLICANT FOR A LICENSE AS A SPEECH-LANGUAGE PATHOLOGIST
 WHO MEETS ALL REQUIREMENTS SET FORTH IN THIS SECTION.
   2. ANY PERSON ENGAGING IN CLINICAL  OR  ACADEMIC  PRACTICE  UNDER  THE
 SUPERVISION OF A LICENSED SPEECH-LANGUAGE PATHOLOGIST FOR SUCH PERIOD OF
 TIME  AS  MAY  BE  NECESSARY TO COMPLETE AN EXPERIENCE REQUIREMENT FOR A
 PROFESSIONAL LICENSE AS A SPEECH-LANGUAGE PATHOLOGIST SHALL BE  ELIGIBLE
 FOR A LIMITED LICENSE.
   3.  A LIMITED LICENSEE SHALL BE AUTHORIZED TO PRACTICE SPEECH-LANGUAGE
 PATHOLOGY ONLY UNDER  THE  SUPERVISION  OF  A  LICENSED  SPEECH-LANGUAGE
 PATHOLOGIST.
   4.  A  LIMITED  LICENSE SHALL BE VALID FOR ONE YEAR. IT MAY BE RENEWED
 FOR ADDITIONAL ONE YEAR PERIODS UNTIL SUCH TIME AS MAY BE  NECESSARY  TO
 COMPLETE  AN  EXPERIENCE  REQUIREMENT  FOR  A  PROFESSIONAL LICENSE AS A
 SPEECH-LANGUAGE PATHOLOGIST.
   5. THE FEE FOR A LIMITED LICENSE SHALL BE SEVENTY DOLLARS.
   § 8107. EXEMPT PERSONS. THIS TITLE SHALL NOT BE CONSTRUED AS PROHIBIT-
 ING:
   1. THE PRACTICE OF ANY OTHER PROFESSIONS LICENSED OR REGISTERED  UNDER
 THIS TITLE.
   2.  ANY PERSON EMPLOYED BY THE FEDERAL, STATE OR A LOCAL GOVERNMENT OR
 BY A PUBLIC OR NON-PUBLIC ELEMENTARY OR SECONDARY SCHOOL OR AN  INSTITU-
 TION  OF HIGHER LEARNING FROM PERFORMING THE DUTIES OF A SPEECH-LANGUAGE
 PATHOLOGIST, AN AUDIOLOGIST, A TEACHER OF THE SPEECH AND  HEARING  HAND-
 ICAPPED, OR A TEACHER OF THE DEAF IN THE COURSE OF SUCH EMPLOYMENT.
   3. ANY PERSON FROM ENGAGING IN CLINICAL OR ACADEMIC PRACTICE UNDER THE
 SUPERVISION OF A LICENSED SPEECH-LANGUAGE PATHOLOGIST OR AUDIOLOGIST FOR
 SUCH  PERIOD  OF  TIME  AS  MAY  BE  NECESSARY TO COMPLETE AN EXPERIENCE
 REQUIREMENT FOR A PROFESSIONAL LICENSE, AS PROVIDED IN THIS TITLE AND IN
 RULES OR REGULATIONS APPROVED BY THE COMMISSIONER WITH THE ADVICE OF THE
 STATE BOARD FOR SPEECH-LANGUAGE PATHOLOGY AND AUDIOLOGY.
 S. 4007                            433                           A. 3007
 
   4. A PERSON FROM ANOTHER STATE FROM PERFORMING SPEECH-LANGUAGE PATHOL-
 OGY OR AUDIOLOGY SERVICES IN  THIS  STATE  PROVIDED  SUCH  SERVICES  ARE
 PERFORMED FOR NO MORE THAN THIRTY DAYS IN ANY CALENDAR YEAR AND PROVIDED
 THAT  SUCH  SERVICES  ARE PERFORMED IN CONJUNCTION WITH AND/OR UNDER THE
 SUPERVISION  OF  A  SPEECH-LANGUAGE  PATHOLOGIST OR AUDIOLOGIST LICENSED
 UNDER THIS TITLE.
   5. ANY HEARING AID DEALER  FROM  PERFORMING  HEARING  MEASUREMENTS  BY
 MEANS  OF  AN AUDIOMETER OR OTHER TESTING EQUIPMENT WHEN USED SOLELY FOR
 THE PURPOSE OF SELECTING, FITTING, SELLING OR DISPENSING  AN  INSTRUMENT
 DESIGNED  TO  AID  OR  IMPROVE  HUMAN  HEARING,  INCLUDING THE TAKING OF
 IMPRESSIONS FOR THE MAKING AND FITTING  OF  EAR  MOLDS  AND  THE  DEMON-
 STRATION  OF  USE AND INSTRUCTIONS OF PERSONS IN THE USE OF SUCH HEARING
 AIDS AND ACCESSORIES THERETO.
   6. A STUDENT FROM ENGAGING IN CLINICAL PRACTICE, UNDER THE SUPERVISION
 OF A LICENSED AUDIOLOGIST OR A LICENSED SPEECH-LANGUAGE  PATHOLOGIST  AS
 PART  OF A NATIONALLY ACCREDITED PROGRAM OR A STATE LICENSURE QUALIFYING
 PROGRAM IN SPEECH-LANGUAGE PATHOLOGY OR AUDIOLOGY, PURSUANT TO  SUBDIVI-
 SION THREE OF SECTION EIGHTY-ONE HUNDRED SIX OF THIS TITLE.
   §  8108.  SPECIAL  PROVISIONS.  1.  EVERY PERSON REGULARLY EMPLOYED IN
 TEACHING OR WORKING AS A SPEECH-LANGUAGE PATHOLOGIST OR AUDIOLOGIST  FOR
 NOT  LESS THAN TWO YEARS PRIOR TO THE EFFECTIVE DATE OF THIS TITLE SHALL
 BE ISSUED A LICENSE BY THE DEPARTMENT, IF HE OR SHE IS A PERSON OF  GOOD
 MORAL  CHARACTER;  TWENTY-ONE  YEARS  OR OLDER, HAS BEEN ENGAGED IN SUCH
 PRACTICE IN THE STATE FOR AT LEAST TWO YEARS IN  ACCORDANCE  WITH  REGU-
 LATIONS OF THE COMMISSIONER, AND POSSESSES:
   A.  THE  AMERICAN  SPEECH-LANGUAGE-HEARING  ASSOCIATION CERTIFICATE OF
 CLINICAL COMPETENCE IN SPEECH-LANGUAGE PATHOLOGY  AND/OR  AUDIOLOGY,  OR
 THE EQUIVALENT THEREOF AS DETERMINED BY THE BOARD IN ACCORDANCE WITH THE
 COMMISSIONER'S REGULATIONS; OR
   B.  A MASTERS DEGREE IN SPEECH-LANGUAGE PATHOLOGY, AUDIOLOGY OR COMMU-
 NICATION DISORDERS APPROPRIATE TO THE LICENSE BEING SOUGHT AND  A  TOTAL
 OF FIVE YEARS EXPERIENCE; OR
   C.  A  BACHELORS  DEGREE  IN  SPEECH-LANGUAGE  PATHOLOGY, AUDIOLOGY OR
 COMMUNICATION DISORDERS APPROPRIATE TO  THE  LICENSE  BEING  SOUGHT  AND
 THIRTY POSTGRADUATE SEMESTER HOURS IN SUBJECTS SATISFACTORY TO THE BOARD
 AND A TOTAL OF FIVE YEARS EXPERIENCE; OR
   D.  A  BACHELORS  DEGREE  AND  SUFFICIENT POSTGRADUATE STUDY TO BE THE
 EQUIVALENT OF A MASTERS DEGREE IN SPEECH-LANGUAGE  PATHOLOGY,  AUDIOLOGY
 OR COMMUNICATION DISORDERS AS DETERMINED BY THE BOARD IN ACCORDANCE WITH
 THE  COMMISSIONER'S  REGULATIONS  AND  A TOTAL OF FIVE YEARS EXPERIENCE.
 APPLICATIONS FOR A LICENSE UNDER THIS  SECTION  SHALL  BE  SUBMITTED  BY
 JANUARY  FIRST,  NINETEEN HUNDRED EIGHTY AND APPLICANTS SHALL HAVE UNTIL
 THAT DATE TO FULFILL THE REQUIREMENTS SET FORTH BY THIS CHAPTER.
   2. THIS TITLE SHALL  NOT  PROHIBIT  THE  PRACTICE  OF  SPEECH-LANGUAGE
 PATHOLOGY  OR  AUDIOLOGY BY A CORPORATION PROVIDED THAT SUCH PRACTICE IS
 CARRIED ON BY A LICENSED SPEECH-LANGUAGE PATHOLOGIST OR  AUDIOLOGIST  OR
 PERSONS  EXEMPT UNDER THIS TITLE AND A VIOLATION OF THIS PROVISION SHALL
 BE A CLASS A MISDEMEANOR.
   3. ANY PERSON OR FIRM  OFFERING  THE  SERVICES  OF  A  SPEECH-LANGUAGE
 PATHOLOGIST  OR AUDIOLOGIST SHALL EMPLOY ONLY PERSONS LICENSED OR EXEMPT
 UNDER THIS TITLE AND A VIOLATION OF THIS PROVISION SHALL BE  A  CLASS  A
 MISDEMEANOR.
   4.  A.  THE  COMMISSIONER, PURSUANT TO THE RECOMMENDATION OF THE BOARD
 SHALL PROMULGATE REGULATIONS DEFINING APPROPRIATE STANDARDS  OF  CONDUCT
 FOR  THE DISPENSING OF HEARING AIDS BY LICENSED AUDIOLOGISTS. SUCH REGU-
 LATIONS SHALL ALSO DEFINE CONTINUING EDUCATION REQUIREMENTS  WHICH  SUCH
 S. 4007                            434                           A. 3007
 
 DISPENSING  AUDIOLOGIST  SHALL MEET AS A CONDITION OF MAINTAINING REGIS-
 TRATION PURSUANT TO THIS TITLE.
   B.  AUDIOLOGISTS  ENGAGED  IN  THE PRACTICE OF DISPENSING HEARING AIDS
 SHALL COMPLY WITH THE APPLICABLE PROVISIONS OF ARTICLE THIRTY-SEVEN-A OF
 THE GENERAL BUSINESS LAW.
   § 8109. MANDATORY CONTINUING COMPETENCY. 1. A. EACH  LICENSED  SPEECH-
 LANGUAGE PATHOLOGIST AND AUDIOLOGIST REQUIRED UNDER THIS TITLE TO REGIS-
 TER  TRIENNIALLY  WITH  THE  DEPARTMENT  TO  PRACTICE IN THE STATE SHALL
 COMPLY WITH  THE  PROVISIONS  OF  THE  MANDATORY  CONTINUING  COMPETENCY
 REQUIREMENTS  PRESCRIBED  IN  SUBDIVISION TWO OF THIS SECTION, EXCEPT AS
 PROVIDED IN PARAGRAPHS B AND  C  OF  THIS  SUBDIVISION.  SPEECH-LANGUAGE
 PATHOLOGISTS  AND AUDIOLOGISTS WHO DO NOT SATISFY THE MANDATORY CONTINU-
 ING COMPETENCY REQUIREMENTS SHALL NOT BE AUTHORIZED  TO  PRACTICE  UNTIL
 THEY  HAVE  MET SUCH REQUIREMENTS, AND THEY HAVE BEEN ISSUED A REGISTRA-
 TION CERTIFICATE, EXCEPT THAT A SPEECH-LANGUAGE PATHOLOGIST OR  AUDIOLO-
 GIST  MAY  PRACTICE WITHOUT HAVING MET SUCH REQUIREMENTS IF HE OR SHE IS
 ISSUED A CONDITIONAL REGISTRATION PURSUANT TO SUBDIVISION THREE OF  THIS
 SECTION.
   B.  SPEECH-LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS SHALL BE EXEMPT FROM
 THE MANDATORY CONTINUING COMPETENCY REQUIREMENT FOR THE TRIENNIAL REGIS-
 TRATION PERIOD DURING WHICH THEY ARE FIRST LICENSED. ADJUSTMENT  TO  THE
 MANDATORY  CONTINUING  COMPETENCY  REQUIREMENTS  MAY  BE  GRANTED BY THE
 DEPARTMENT FOR REASONS OF HEALTH OF THE LICENSEE WHERE CERTIFIED  BY  AN
 APPROPRIATE  HEALTH CARE PROFESSIONAL, FOR EXTENDED ACTIVE DUTY WITH THE
 ARMED FORCES OF THE UNITED STATES, OR FOR OTHER GOOD CAUSE ACCEPTABLE TO
 THE DEPARTMENT WHICH MAY PREVENT COMPLIANCE.
   C. A LICENSED SPEECH-LANGUAGE PATHOLOGIST OR AUDIOLOGIST  NOT  ENGAGED
 IN  PRACTICE,  AS DETERMINED BY THE DEPARTMENT, SHALL BE EXEMPT FROM THE
 MANDATORY CONTINUING COMPETENCY REQUIREMENT UPON THE FILING OF A  STATE-
 MENT WITH THE DEPARTMENT DECLARING SUCH STATUS. ANY LICENSEE WHO RETURNS
 TO  THE  PRACTICE  OF  SPEECH-LANGUAGE PATHOLOGY OR AUDIOLOGY DURING THE
 TRIENNIAL REGISTRATION PERIOD SHALL NOTIFY THE DEPARTMENT PRIOR TO REEN-
 TERING THE PROFESSION AND SHALL MEET SUCH MANDATORY CONTINUING COMPETEN-
 CY REQUIREMENTS AS SHALL BE PRESCRIBED BY REGULATIONS OF THE COMMISSION-
 ER.
   2. DURING EACH TRIENNIAL REGISTRATION PERIOD AN APPLICANT  FOR  REGIS-
 TRATION  AS  EITHER  A  SPEECH-LANGUAGE PATHOLOGIST OR AUDIOLOGIST SHALL
 COMPLETE A MINIMUM OF THIRTY HOURS OF LEARNING ACTIVITIES WHICH CONTRIB-
 UTE TO CONTINUING COMPETENCE, AS SPECIFIED IN SUBDIVISION FOUR  OF  THIS
 SECTION,  PROVIDED FURTHER THAT AT LEAST TWENTY HOURS SHALL BE IN RECOG-
 NIZED AREAS OF STUDY PERTINENT TO THE LICENSEE'S PROFESSIONAL  SCOPE  OF
 PRACTICE  OF SPEECH-LANGUAGE PATHOLOGY AND/OR AUDIOLOGY. ANY SPEECH-LAN-
 GUAGE PATHOLOGIST OR AUDIOLOGIST WHOSE FIRST REGISTRATION DATE FOLLOWING
 THE EFFECTIVE DATE OF THIS SECTION OCCURS LESS  THAN  THREE  YEARS  FROM
 SUCH  EFFECTIVE  DATE,  BUT ON OR AFTER JANUARY FIRST, TWO THOUSAND ONE,
 SHALL COMPLETE CONTINUING COMPETENCY HOURS ON A PRORATED  BASIS  AT  THE
 RATE  OF ONE-HALF HOUR PER MONTH FOR THE PERIOD BEGINNING JANUARY FIRST,
 TWO THOUSAND ONE UP TO THE FIRST REGISTRATION DATE. THEREAFTER, A LICEN-
 SEE WHO HAS NOT SATISFIED THE MANDATORY CONTINUING  COMPETENCY  REQUIRE-
 MENTS  SHALL  NOT  BE ISSUED A TRIENNIAL REGISTRATION CERTIFICATE BY THE
 DEPARTMENT AND SHALL NOT PRACTICE UNLESS AND UNTIL A CONDITIONAL  REGIS-
 TRATION  CERTIFICATE  IS  ISSUED AS PROVIDED FOR IN SUBDIVISION THREE OF
 THIS SECTION. CONTINUING COMPETENCY HOURS TAKEN DURING ONE TRIENNIUM MAY
 NOT BE 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 COMPETENCY
 S. 4007                            435                           A. 3007
 
 REQUIREMENTS ESTABLISHED IN SUBDIVISION TWO OF  THIS  SECTION,  BUT  WHO
 AGREES  TO MAKE UP ANY DEFICIENCIES AND COMPLETE ANY ADDITIONAL LEARNING
 ACTIVITIES WHICH THE DEPARTMENT MAY REQUIRE. THE FEE FOR SUCH  A  CONDI-
 TIONAL  REGISTRATION  SHALL  BE THE SAME AS, AND IN ADDITION TO, THE FEE
 FOR THE TRIENNIAL REGISTRATION. THE DURATION OF SUCH CONDITIONAL  REGIS-
 TRATION  SHALL  BE DETERMINED BY THE DEPARTMENT BUT SHALL NOT EXCEED ONE
 YEAR. ANY LICENSEE WHO IS NOTIFIED OF THE  DENIAL  OF  REGISTRATION  FOR
 FAILURE  TO SUBMIT EVIDENCE, SATISFACTORY TO THE DEPARTMENT, OF REQUIRED
 CONTINUING COMPETENCY LEARNING ACTIVITIES AND WHO PRACTICES WITHOUT SUCH
 REGISTRATION, MAY BE SUBJECT TO  DISCIPLINARY  PROCEEDINGS  PURSUANT  TO
 SECTION SIXTY-FIVE HUNDRED TEN OF THIS ARTICLE.
   4.  AS  USED  IN SUBDIVISION TWO OF THIS SECTION, "ACCEPTABLE LEARNING
 ACTIVITIES" SHALL MEAN ACTIVITIES WHICH CONTRIBUTE TO PROFESSIONAL PRAC-
 TICE IN SPEECH-LANGUAGE PATHOLOGY AND/OR AUDIOLOGY, AND WHICH  MEET  THE
 STANDARDS PRESCRIBED IN THE REGULATIONS OF THE COMMISSIONER. SUCH LEARN-
 ING  ACTIVITIES  SHALL  INCLUDE, BUT NOT BE LIMITED TO, COLLEGIATE LEVEL
 CREDIT AND NON-CREDIT COURSES, SELF-STUDY ACTIVITIES, INDEPENDENT STUDY,
 FORMAL MENTORING  ACTIVITIES,  PUBLICATIONS  IN  PROFESSIONAL  JOURNALS,
 PROFESSIONAL  DEVELOPMENT PROGRAMS AND TECHNICAL SESSIONS; SUCH LEARNING
 ACTIVITIES MAY BE OFFERED AND SPONSORED BY  NATIONAL,  STATE  AND  LOCAL
 PROFESSIONAL  ASSOCIATIONS AND OTHER ORGANIZATIONS OR PARTIES ACCEPTABLE
 TO THE DEPARTMENT, AND ANY OTHER  ORGANIZED  EDUCATIONAL  AND  TECHNICAL
 LEARNING ACTIVITIES ACCEPTABLE TO THE DEPARTMENT. THE DEPARTMENT MAY, IN
 ITS  DISCRETION AND AS NEEDED TO CONTRIBUTE TO THE HEALTH AND WELFARE OF
 THE PUBLIC, REQUIRE THE COMPLETION  OF  CONTINUING  COMPETENCY  LEARNING
 ACTIVITIES  IN  SPECIFIC  SUBJECTS  TO FULFILL THIS MANDATORY CONTINUING
 COMPETENCY  REQUIREMENT.  FOR  SPEECH-LANGUAGE  PATHOLOGISTS   WHO   ARE
 EMPLOYED  IN SCHOOL SETTINGS AS TEACHERS OF THE SPEECH AND HEARING HAND-
 ICAPPED OR AS TEACHERS OF STUDENTS WITH SPEECH  AND  LANGUAGE  DISABILI-
 TIES,  ACCEPTABLE  LEARNING  ACTIVITIES  SHALL ALSO INCLUDE PROFESSIONAL
 DEVELOPMENT  PROGRAMS  AND  TECHNICAL  SESSIONS  SPECIFIC  TO   TEACHING
 STUDENTS  WITH SPEECH AND LANGUAGE DISABILITIES INCLUDING THOSE DESIGNED
 TO IMPROVE METHODS FOR TEACHING SUCH STUDENTS, ALIGNED WITH PROFESSIONAL
 DEVELOPMENT PLANS IN ACCORDANCE WITH REGULATIONS OF THE COMMISSIONER AND
 PROMOTING THE ATTAINMENT OF STANDARDS FOR SUCH STUDENTS. LEARNING ACTIV-
 ITIES MUST BE TAKEN FROM A SPONSOR APPROVED BY THE DEPARTMENT,  PURSUANT
 TO THE REGULATIONS OF THE COMMISSIONER.
   5.   SPEECH-LANGUAGE  PATHOLOGISTS  AND  AUDIOLOGISTS  SHALL  MAINTAIN
 ADEQUATE DOCUMENTATION OF COMPLETION OF ACCEPTABLE CONTINUING COMPETENCY
 LEARNING ACTIVITIES AND SHALL PROVIDE SUCH DOCUMENTATION AT THE  REQUEST
 OF  THE  DEPARTMENT.  FAILURE  TO  PROVIDE  SUCH  DOCUMENTATION UPON THE
 REQUEST OF THE DEPARTMENT SHALL BE  AN  ACT  OF  MISCONDUCT  SUBJECT  TO
 DISCIPLINARY  PROCEEDINGS  PURSUANT TO SECTION SIXTY-FIVE HUNDRED TEN OF
 THIS ARTICLE.
   6. THE MANDATORY CONTINUING COMPETENCY FEE  SHALL  BE  FIFTY  DOLLARS,
 SHALL  BE PAYABLE ON OR BEFORE THE FIRST DAY OF EACH TRIENNIAL REGISTRA-
 TION PERIOD, AND SHALL BE PAID IN ADDITION TO THE TRIENNIAL REGISTRATION
 FEE REQUIRED BY SECTION EIGHTY-ONE HUNDRED SIX OF THIS TITLE.
 
                                 TITLE 23
                                ACUPUNCTURE
 SECTION 8200. INTRODUCTION.
         8201. DEFINITIONS.
         8202.  PRACTICE  OF  ACUPUNCTURE  AND  USE  OF  TITLE  "LICENSED
                  ACUPUNCTURIST" OR "CERTIFIED ACUPUNCTURIST".
         8203. STATE BOARD FOR ACUPUNCTURE.
 S. 4007                            436                           A. 3007
 
         8204. REQUIREMENTS FOR A PROFESSIONAL LICENSE.
         8205. LIMITED PERMITS.
         8206. EXEMPTIONS; WAIVER.
   § 8200. INTRODUCTION. THIS TITLE APPLIES TO THE PROFESSION OF ACUPUNC-
 TURE.  THE GENERAL PROVISIONS FOR ALL PROFESSIONS CONTAINED IN TITLE ONE
 OF THIS ARTICLE APPLY TO THIS ARTICLE.
   § 8201. DEFINITIONS. AS USED IN THIS TITLE THE FOLLOWING  TERMS  SHALL
 HAVE THE FOLLOWING MEANINGS:
   1. A. "PROFESSION OF ACUPUNCTURE" IS THE TREATING, BY MEANS OF MECHAN-
 ICAL,  THERMAL  OR  ELECTRICAL  STIMULATION EFFECTED BY THE INSERTION OF
 NEEDLES OR BY THE APPLICATION OF HEAT,  PRESSURE  OR  ELECTRICAL  STIMU-
 LATION  AT  A  POINT OR COMBINATION OF POINTS ON THE SURFACE OF THE BODY
 PREDETERMINED ON THE BASIS OF THE THEORY OF THE  PHYSIOLOGICAL  INTERRE-
 LATIONSHIP  OF  BODY  ORGANS  WITH AN ASSOCIATED POINT OR COMBINATION OF
 POINTS FOR DISEASES, DISORDERS AND DYSFUNCTIONS  OF  THE  BODY  FOR  THE
 PURPOSE  OF  ACHIEVING A THERAPEUTIC OR PROPHYLACTIC EFFECT. THE PROFES-
 SION OF ACUPUNCTURE INCLUDES RECOMMENDATION OF DIETARY  SUPPLEMENTS  AND
 NATURAL  PRODUCTS  INCLUDING,  BUT NOT LIMITED TO, THE RECOMMENDATION OF
 DIET, HERBS AND OTHER NATURAL PRODUCTS, AND THEIR PREPARATION IN ACCORD-
 ANCE WITH TRADITIONAL AND MODERN PRACTICES OF EAST ASIAN (CHINESE, KORE-
 AN OR JAPANESE) MEDICAL THEORY.
   B. EACH ACUPUNCTURIST LICENSED PURSUANT TO THIS  TITLE,  SHALL  ADVISE
 EACH  PATIENT  AS TO THE IMPORTANCE OF CONSULTING WITH A LICENSED PHYSI-
 CIAN REGARDING THE PATIENT'S CONDITION AND SHALL KEEP ON FILE  WITH  THE
 PATIENT'S  RECORDS,  A  FORM  ATTESTING  TO THE PATIENT'S NOTICE OF SUCH
 ADVICE. SUCH FORM SHALL BE IN DUPLICATE, ONE COPY TO BE RETAINED BY  THE
 PATIENT,  SIGNED AND DATED BY BOTH THE ACUPUNCTURIST AND THE PATIENT AND
 SHALL BE PRESCRIBED IN THE FOLLOWING MANNER:
   WE, THE UNDERSIGNED, DO AFFIRM THAT (THE PATIENT) HAS BEEN ADVISED  BY
 ,  (A  LICENSED  ACUPUNCTURIST),  TO  CONSULT  A PHYSICIAN REGARDING THE
 CONDITION OR CONDITIONS FOR WHICH SUCH PATIENT SEEKS ACUPUNCTURE  TREAT-
 MENT.
 _________________________________
 _________________________________
 (SIGNATURE)
 DATE
 _________________________________
 _________________________________
 (SIGNATURE)
 DATE
   C.  NOTHING IN THIS TITLE SHALL BE CONSTRUED TO PROHIBIT AN INDIVIDUAL
 WHO IS NOT SUBJECT TO REGULATION IN THIS STATE AS A LICENSED  ACUPUNCTU-
 RIST  FROM  ENGAGING  IN  THE RECOMMENDATION OF TRADITIONAL REMEDIES AND
 SUPPLEMENTS AS  DEFINED  IN  THIS  TITLE,  NOR  SHALL  THIS  SECTION  BE
 CONSTRUED  TO  AUTHORIZE  AN INDIVIDUAL TO PRACTICE PHARMACY UNDER TITLE
 TEN OF THIS ARTICLE.
   2. "BOARD" IS THE STATE BOARD FOR ACUPUNCTURE AS  CREATED  BY  SECTION
 EIGHTY-TWO HUNDRED THREE OF THIS TITLE.
   §  8202. PRACTICE OF ACUPUNCTURE AND USE OF TITLE "LICENSED ACUPUNCTU-
 RIST" OR "CERTIFIED ACUPUNCTURIST". ONLY A PERSON LICENSED OR AUTHORIZED
 PURSUANT TO SECTION EIGHTY-TWO HUNDRED FOUR OF THIS TITLE  OR  CERTIFIED
 PURSUANT  TO SECTION EIGHTY-TWO HUNDRED SIX OF THIS TITLE SHALL PRACTICE
 ACUPUNCTURE. ONLY A  PERSON  LICENSED  PURSUANT  TO  SECTION  EIGHTY-TWO
 HUNDRED  FOUR OF THIS TITLE SHALL USE THE TITLE "LICENSED ACUPUNCTURIST"
 AND ONLY A PERSON CERTIFIED PURSUANT TO SECTION EIGHTY-TWO  HUNDRED  SIX
 OF THIS TITLE SHALL USE THE TITLE "CERTIFIED ACUPUNCTURIST".
 S. 4007                            437                           A. 3007
 
   §  8203.  STATE  BOARD FOR ACUPUNCTURE. 1. THERE IS HEREBY ESTABLISHED
 WITHIN THE DEPARTMENT A STATE BOARD FOR  ACUPUNCTURE.  THE  BOARD  SHALL
 CONSIST  OF  NOT LESS THAN ELEVEN MEMBERS TO BE APPOINTED BY THE DEPART-
 MENT ON THE RECOMMENDATION  OF  THE  COMMISSIONER  FOR  THE  PURPOSE  OF
 ASSISTING  THE  DEPARTMENT  ON  MATTERS  OF  PROFESSIONAL  LICENSING AND
 PROFESSIONAL CONDUCT IN ACCORDANCE WITH SECTION SIXTY-FIVE HUNDRED EIGHT
 OF THIS ARTICLE, FOUR OF WHOM SHALL BE LICENSED ACUPUNCTURISTS, FOUR  OF
 WHOM SHALL BE LICENSED PHYSICIANS CERTIFIED TO USE ACUPUNCTURE AND THREE
 OF WHOM SHALL BE PUBLIC MEMBERS REPRESENTING THE CONSUMER AND COMMUNITY.
 OF  THE ACUPUNCTURISTS FIRST APPOINTED TO THE BOARD, ONE MAY BE A REGIS-
 TERED SPECIALIST'S ASSISTANT-ACUPUNCTURE PROVIDED THAT THE TERM OF  SUCH
 REGISTERED  SPECIALIST'S  ASSISTANT-ACUPUNCTURE  SHALL  NOT BE MORE THAN
 FOUR YEARS. OF THE MEMBERS FIRST APPOINTED, THREE SHALL BE APPOINTED FOR
 A ONE YEAR TERM, THREE SHALL BE APPOINTED FOR A TWO YEAR TERM AND  THREE
 SHALL BE APPOINTED FOR A THREE YEAR TERM, AND TWO SHALL BE APPOINTED FOR
 A  FOUR  YEAR  TERM.  THEREAFTER  ALL  MEMBERS SHALL SERVE FOR FIVE YEAR
 TERMS. IN THE EVENT THAT MORE  THAN  ELEVEN  MEMBERS  ARE  APPOINTED,  A
 MAJORITY OF THE ADDITIONAL MEMBERS SHALL BE LICENSED ACUPUNCTURISTS. THE
 MEMBERS OF THE BOARD SHALL SELECT ONE OF THEMSELVES AS CHAIRMAN TO SERVE
 FOR A ONE YEAR TERM.
   2.  AN  EXECUTIVE  SECRETARY  TO  THE  BOARD SHALL BE APPOINTED BY THE
 COMMISSIONER.
   3. THE COMMISSIONER SHALL PROMULGATE SUCH  RULES  AND  REGULATIONS  AS
 THEY DEEM NECESSARY AND APPROPRIATE TO EFFECTUATE THE PROVISIONS OF THIS
 TITLE.
   §  8204.  REQUIREMENTS  FOR  A  PROFESSIONAL LICENSE. TO QUALIFY FOR A
 LICENSE AS A LICENSED  ACUPUNCTURIST  AN  APPLICANT  SHALL  FULFILL  THE
 FOLLOWING REQUIREMENTS:
   1. APPLICATION: FILE AN APPLICATION WITH THE DEPARTMENT;
   2.  EDUCATION: PROVIDE EVIDENCE OF SATISFACTORY COMPLETION OF A COURSE
 OF FORMAL STUDY OR ITS SUBSTANTIAL EQUIVALENT  IN  ACCORDANCE  WITH  THE
 COMMISSIONER'S REGULATIONS;
   3.  EXPERIENCE:  HAVE EXPERIENCE IN ACCORDANCE WITH THE COMMISSIONER'S
 REGULATIONS;
   4. EXAMINATION: PASS AN EXAMINATION SATISFACTORY TO THE BOARD  AND  IN
 ACCORDANCE  WITH  THE COMMISSIONER'S REGULATIONS. SUCH EXAMINATION SHALL
 BE GIVEN AT LEAST ONCE WITHIN TWELVE MONTHS OF  THE  EFFECTIVE  DATE  OF
 THIS  TITLE, AND AT LEAST ONCE ANNUALLY THEREAFTER, AND SHALL CONSIST OF
 BOTH WRITTEN AND PRACTICAL PARTS.  EITHER  PART  MAY  BE  GIVEN  AT  THE
 DISCRETION  OF  THE  DEPARTMENT  IN  ENGLISH  AND/OR  CHINESE  OR  OTHER
 LANGUAGE. NOTHING IN THIS SUBDIVISION IS TO BE CONSTRUED TO REQUIRE  THE
 DEPARTMENT  TO ISSUE AN EXAM IN A LANGUAGE OTHER THAN ENGLISH. THE PRAC-
 TICAL PART OF THE EXAM MUST BE DIRECTLY ADMINISTERED BY AN ACUPUNCTURIST
 ACCEPTABLE TO THE DEPARTMENT, WHO MAY ALSO BE A MEMBER OF THE BOARD. THE
 COST OF THE INITIAL EXAMINATION OR REEXAMINATION SHALL BE BORNE  BY  THE
 APPLICANT  IN  ACCORDANCE  WITH A SCHEDULE ESTABLISHED BY THE DEPARTMENT
 AND APPROVED BY THE DIRECTOR OF THE BUDGET;
   5. AGE: BE AT LEAST TWENTY-ONE YEARS OF AGE;
   6. CHARACTER: BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE  DEPART-
 MENT;
   7.  FEES:  PAY  A  FEE  OF  FIVE HUNDRED DOLLARS TO THE DEPARTMENT FOR
 INITIAL LICENSURE, AND A FEE OF  TWO  HUNDRED  FIFTY  DOLLARS  FOR  EACH
 TRIENNIAL REGISTRATION; AND
   8.  REGISTRATION:  IF  A LICENSE IS GRANTED, REGISTER TRIENNIALLY WITH
 THE DEPARTMENT, INCLUDING PRESENT HOME AND  BUSINESS  ADDRESS  AND  SUCH
 OTHER PERTINENT INFORMATION AS THE DEPARTMENT REQUIRES.
 S. 4007                            438                           A. 3007
 
   §  8205.  LIMITED  PERMITS.  1.  THE  DEPARTMENT SHALL ISSUE A LIMITED
 PERMIT TO AN APPLICANT WHO MEETS ALL REQUIREMENTS FOR ADMISSION  TO  THE
 LICENSING EXAMINATION;
   2.  ALL PRACTICE UNDER A LIMITED PERMIT SHALL BE UNDER THE SUPERVISION
 OF A LICENSED OR CERTIFIED ACUPUNCTURIST IN A PUBLIC HOSPITAL, AN INCOR-
 PORATED HOSPITAL OR CLINIC, A LICENSED PROPRIETARY HOSPITAL, A  LICENSED
 NURSING HOME, A PUBLIC HEALTH AGENCY, THE OFFICE OF A LICENSED OR CERTI-
 FIED  ACUPUNCTURIST  OR  IN  THE  CIVIL  SERVICE OF THE FEDERAL OR STATE
 GOVERNMENT;
   3. LIMITED PERMITS SHALL BE FOR ONE YEAR AND MAY  BE  RENEWED  AT  THE
 DISCRETION OF THE DEPARTMENT FOR ONE ADDITIONAL YEAR;
   4. SUPERVISION OF A PERMITTEE BY A LICENSED OR CERTIFIED ACUPUNCTURIST
 SHALL  BE ON-SITE SUPERVISION AND NOT NECESSARILY DIRECT PERSONAL SUPER-
 VISION;
   5. NO PRACTITIONER SHALL SUPERVISE MORE THAN ONE PERMITTEE; AND
   6. THE FEE FOR EACH LIMITED PERMIT  AND  FOR  EACH  RENEWAL  SHALL  BE
 DETERMINED BY THE DEPARTMENT.
   § 8206. EXEMPTIONS; WAIVER. 1. A PERSON WHO IS VALIDLY REGISTERED AS A
 "SPECIALIST'S  ASSISTANT-ACUPUNCTURE"  IN ACCORDANCE WITH SECTION SIXTY-
 FIVE HUNDRED FORTY-ONE OF THIS  ARTICLE  AND  THE  COMMISSIONER'S  REGU-
 LATIONS SHALL NOT BE SUBJECT TO THE PROVISIONS OF THIS TITLE.
   2.  ANY  PERSON  WHO  IS  VALIDLY LICENSED UNDER THE PROVISIONS OF THE
 FORMER CHAPTER NINE HUNDRED FIFTY-NINE OF THE LAWS OF  NINETEEN  HUNDRED
 SEVENTY-FOUR IS DEEMED TO BE LICENSED PURSUANT TO THIS TITLE.
   3.  ANY  PERSON  WHO  IS VALIDLY CERTIFIED UNDER THE PROVISIONS OF THE
 FORMER CHAPTER NINE HUNDRED FIFTY-NINE OF THE LAWS OF  NINETEEN  HUNDRED
 SEVENTY-FOUR  SHALL CONTINUE TO BE CERTIFIED TO PRACTICE ACUPUNCTURE AND
 MAY CONTINUE TO USE THE TITLE CERTIFIED  ACUPUNCTURIST.  THE  DEPARTMENT
 MAY  ESTABLISH  RULES AND REGULATIONS PROVIDING FOR THE CERTIFICATION OF
 PHYSICIANS AND DENTISTS AS ACUPUNCTURISTS, PROVIDED THAT SUCH  CERTIFIED
 ACUPUNCTURISTS  DO  NOT REPRESENT THEMSELVES AS LICENSED ACUPUNCTURISTS.
 CERTIFIED ACUPUNCTURISTS SEEKING TO BECOME LICENSED ACUPUNCTURISTS SHALL
 BE SUBJECT TO ALL PROVISIONS OF THIS TITLE.
   4. A PERSON WHO DOES NOT OTHERWISE POSSESS THE CREDENTIALS  OR  QUALI-
 FICATIONS  REQUIRED  FOR  THE PRACTICE OF ACUPUNCTURE PRESCRIBED BY THIS
 TITLE OR THE REGULATIONS PROMULGATED HEREUNDER OR ANY OTHER LAW BUT  WHO
 IS  AUTHORIZED  BY  THE OFFICE OF ADDICTION SERVICES AND SUPPORTS OR THE
 DEPARTMENT TO PROVIDE TREATMENT FOR ALCOHOLISM, SUBSTANCE DEPENDENCE, OR
 CHEMICAL DEPENDENCY IN A HOSPITAL OR CLINICAL  PROGRAM  WHICH  HAS  BEEN
 APPROVED  FOR  SUCH  TREATMENT  BY  THE OFFICE OF ADDICTION SERVICES AND
 SUPPORTS OR THE DEPARTMENT AND WHO HAS BEEN TRAINED TO PRACTICE ACUPUNC-
 TURE FOR THE TREATMENT OF ALCOHOLISM, SUBSTANCE DEPENDENCE, OR  CHEMICAL
 DEPENDENCY  THROUGH  AN  EDUCATIONAL PROGRAM ACCEPTABLE TO THE EDUCATION
 DEPARTMENT MAY NEVERTHELESS PRACTICE ACUPUNCTURE PROVIDED SUCH  PRACTICE
 IS  LIMITED  TO  THE  TREATMENT  OF ALCOHOLISM, SUBSTANCE DEPENDENCE, OR
 CHEMICAL DEPENDENCY IN SUCH CLINICAL  OR  HOSPITAL  PROGRAMS,  OR  IN  A
 PROGRAM  THAT  IF  STATUTORILY EXEMPT FROM SUCH APPROVAL MEETS STANDARDS
 APPROVED BY THE OFFICE OF ADDICTION SERVICES AND SUPPORTS OR THE DEPART-
 MENT, AND FURTHER PROVIDED THAT SUCH PRACTICE IS DONE IN ACCORDANCE WITH
 REGULATIONS  PROMULGATED  BY  THE  OFFICE  OF  ADDICTION  SERVICES   AND
 SUPPORTS,  OR  THE  DEPARTMENT.  SUCH  PERSON  SHALL WORK ONLY UNDER THE
 GENERAL SUPERVISION OF A PHYSICIAN  OR  DENTIST  CERTIFIED  TO  PRACTICE
 ACUPUNCTURE  OR  AN  INDIVIDUAL  LICENSED TO PRACTICE ACUPUNCTURE IN THE
 STATE OF NEW YORK PURSUANT TO THIS TITLE. NOTWITHSTANDING ANY OTHER LAW,
 RULE OR REGULATION TO THE CONTRARY, PERSONS AUTHORIZED ON OR BEFORE  THE
 EFFECTIVE  DATE  OF THIS TITLE TO PRACTICE ACUPUNCTURE FOR THE TREATMENT
 S. 4007                            439                           A. 3007
 
 OF ALCOHOLISM, SUBSTANCE DEPENDENCE, OR  CHEMICAL  DEPENDENCY  WITHIN  A
 HOSPITAL  OR CLINICAL PROGRAM WHICH HAS BEEN APPROVED FOR SUCH TREATMENT
 BY THE OFFICE OF ADDICTION SERVICES AND SUPPORTS OR THE  DEPARTMENT  MAY
 NEVERTHELESS  CONTINUE  TO  PRACTICE ACUPUNCTURE UNDER THE PROVISIONS OF
 THIS SUBDIVISION.
   5. ANY PERSON WHO IS PURSUING QUALIFICATION FOR  LICENSURE  THROUGH  A
 COURSE  OF  FORMAL STUDY PURSUANT TO THIS TITLE MAY PRACTICE ACUPUNCTURE
 WITHOUT A LICENSE, PROVIDED SUCH PRACTICE IS LIMITED TO SUCH STUDY.
   6. ANY PERSON WHO HAS COMPLETED A FORMAL COURSE OF STUDY OR A TUTORIAL
 APPRENTICESHIP ACCEPTABLE TO THE DEPARTMENT AND IN ACCORDANCE  WITH  THE
 COMMISSIONER'S  REGULATIONS,  PRIOR TO THE EFFECTIVE DATE OF THIS TITLE,
 AND PRESENTS SATISFACTORY PROOF OF SUCH COMPLETION, SHALL BE EXEMPT FROM
 THE EDUCATION REQUIREMENTS SET  FORTH  IN  SUBDIVISION  TWO  OF  SECTION
 EIGHTY-TWO  HUNDRED  FOUR OF THIS TITLE PROVIDED AN APPLICATION PURSUANT
 TO SUBDIVISION ONE OF SECTION EIGHTY-TWO HUNDRED FOUR OF THIS  TITLE  IS
 FILED  WITH  THE  DEPARTMENT  NOT LATER THAN ONE YEAR FROM THE EFFECTIVE
 DATE OF THIS TITLE, AND IN NO EVENT SHALL PARTICIPATION IN SUCH TUTORIAL
 APPRENTICESHIP OR FORMAL COURSE OF STUDY CONSTITUTE A VIOLATION OF  THIS
 CHAPTER.
   7.  ANY PERSON WHO IS PURSUING QUALIFICATION FOR CERTIFICATION THROUGH
 A FORMAL COURSE  OF  STUDY  IN  A  REGISTERED  PROGRAM  AND  ANY  PERSON
 APPOINTED  TO THE FACULTY OF SUCH PROGRAM MAY PRACTICE ACUPUNCTURE WITH-
 OUT A LICENSE, PROVIDED THAT SUCH PRACTICE IS LIMITED TO SUCH  RESEARCH,
 STUDY AND TRAINING.
   8.  ANY  PERSON  WHO  IS  LICENSED  AND  IN  GOOD STANDING TO PRACTICE
 ACUPUNCTURE IN ANOTHER STATE OR COUNTRY MAY PRACTICE ACUPUNCTURE IN THIS
 STATE WITHOUT A LICENSE SOLELY FOR THE PURPOSE  OF  CONDUCTING  CLINICAL
 TRAINING,  PRACTICE  DEMONSTRATIONS  OR CLINICAL RESEARCH THAT IS WITHIN
 THE PRACTICE OF ACUPUNCTURE IN CONNECTION WITH A PROGRAM OF BASIC  CLIN-
 ICAL  EDUCATION,  GRADUATE  EDUCATION,  OR POST-GRADUATE EDUCATION IN AN
 APPROVED SCHOOL OF ACUPUNCTURE OR IN ITS AFFILIATED CLINICAL FACILITY OR
 HEALTH CARE AGENCY, OR BEFORE A GROUP OF LICENSED ACUPUNCTURISTS WHO ARE
 MEMBERS OF A PROFESSIONAL SOCIETY. ANY PERSON PRACTICING ACUPUNCTURE  IN
 NEW  YORK  STATE  PURSUANT  TO  THIS SUBDIVISION SHALL BE SUBJECT TO THE
 PERSONAL AND SUBJECT MATTER JURISDICTION AND DISCIPLINARY AND REGULATORY
 AUTHORITY OF THE DEPARTMENT AS IF HE OR SHE IS A LICENSEE AND AS IF  THE
 EXEMPTION  PURSUANT  TO  THIS  SUBDIVISION IS A LICENSE. SUCH INDIVIDUAL
 SHALL COMPLY WITH THE PROVISIONS OF THIS TITLE, THE RULES OF THE DEPART-
 MENT, AND THE REGULATIONS OF THE COMMISSIONER, RELATING TO  PROFESSIONAL
 MISCONDUCT,  DISCIPLINARY  PROCEEDINGS  AND  PENALTIES  FOR PROFESSIONAL
 MISCONDUCT.
 
                                 TITLE 24
                             ATHLETIC TRAINERS
 SECTION 8300. INTRODUCTION.
         8301. DEFINITION.
         8302. DEFINITION OF PRACTICE OF ATHLETIC TRAINING.
         8303. USE OF THE TITLE "CERTIFIED ATHLETIC TRAINER".
         8304. STATE COMMITTEE FOR ATHLETIC TRAINERS.
         8305. REQUIREMENTS AND PROCEDURE FOR PROFESSIONAL CERTIFICATION.
         8306. SPECIAL PROVISIONS.
         8307. NON-LIABILITY OF CERTIFIED ATHLETIC TRAINERS FOR FIRST AID
                  OR EMERGENCY TREATMENT.
         8308. SEPARABILITY.
 S. 4007                            440                           A. 3007
 
   § 8300. INTRODUCTION. THIS TITLE APPLIES TO THE PROFESSION OF ATHLETIC
 TRAINING. THE GENERAL PROVISIONS OF ALL PROFESSIONS CONTAINED  IN  TITLE
 ONE OF THIS ARTICLE SHALL APPLY TO THIS TITLE.
   § 8301. DEFINITION. AS USED IN THIS TITLE "ATHLETIC TRAINER" MEANS ANY
 PERSON  WHO  IS  DULY CERTIFIED IN ACCORDANCE WITH THIS TITLE TO PERFORM
 ATHLETIC TRAINING UNDER THE SUPERVISION OF A PHYSICIAN AND LIMITS HIS OR
 HER PRACTICE TO SECONDARY SCHOOLS, INSTITUTIONS OF POSTSECONDARY  EDUCA-
 TION,  PROFESSIONAL  ATHLETIC  ORGANIZATIONS, OR A PERSON WHO, UNDER THE
 SUPERVISION  OF  A  PHYSICIAN,  CARRIES  OUT  COMPARABLE  FUNCTIONS   ON
 ORTHOPEDIC  ATHLETIC  INJURIES,  EXCLUDING  SPINAL  CORD  INJURIES, IN A
 HEALTH CARE ORGANIZATION.   SUPERVISION OF  AN  ATHLETIC  TRAINER  BY  A
 PHYSICIAN  SHALL  BE  CONTINUOUS BUT SHALL NOT BE CONSTRUED AS REQUIRING
 THE PHYSICAL PRESENCE OF THE SUPERVISING PHYSICIAN AT THE TIME AND PLACE
 WHERE SUCH SERVICES ARE PERFORMED.  THE SCOPE OF WORK DESCRIBED IN  THIS
 TITLE SHALL NOT BE CONSTRUED AS AUTHORIZING THE RECONDITIONING OF NEURO-
 LOGIC INJURIES, CONDITIONS OR DISEASE.
   §  8302.  DEFINITION OF PRACTICE OF ATHLETIC TRAINING. THE PRACTICE OF
 THE PROFESSION OF ATHLETIC TRAINING IS DEFINED  AS  THE  APPLICATION  OF
 PRINCIPLES, METHODS AND PROCEDURES FOR MANAGING ATHLETIC INJURIES, WHICH
 SHALL INCLUDE THE PRECONDITIONING, CONDITIONING AND RECONDITIONING OF AN
 INDIVIDUAL WHO HAS SUFFERED AN ATHLETIC INJURY THROUGH THE USE OF APPRO-
 PRIATE  PREVENTATIVE  AND SUPPORTIVE DEVICES, UNDER THE SUPERVISION OF A
 PHYSICIAN AND RECOGNIZING  ILLNESS  AND  REFERRING  TO  THE  APPROPRIATE
 MEDICAL PROFESSIONAL WITH IMPLEMENTATION OF TREATMENT PURSUANT TO PHYSI-
 CIAN'S  ORDERS.    ATHLETIC  TRAINING  INCLUDES  INSTRUCTION TO COACHES,
 ATHLETES, PARENTS, MEDICAL PERSONNEL AND COMMUNITIES IN THE AREA OF CARE
 AND PREVENTION OF ATHLETIC INJURIES. THE SCOPE OF WORK DESCRIBED IN THIS
 TITLE SHALL NOT BE CONSTRUED AS AUTHORIZING THE RECONDITIONING OF NEURO-
 LOGIC INJURIES, CONDITIONS OR DISEASE.
   § 8303. USE OF THE TITLE "CERTIFIED ATHLETIC TRAINER". ONLY  A  PERSON
 CERTIFIED  OR  OTHERWISE AUTHORIZED UNDER THIS TITLE SHALL USE THE TITLE
 "CERTIFIED ATHLETIC TRAINER".
   § 8304. STATE COMMITTEE FOR ATHLETIC TRAINERS.  A STATE COMMITTEE  FOR
 ATHLETIC  TRAINERS  SHALL  BE  APPOINTED  BY  THE COMMISSIONER, UPON THE
 RECOMMENDATION OF THE  COMMISSIONER  AND  SHALL  ASSIST  ON  MATTERS  OF
 CERTIFICATION  AND  PROFESSIONAL  CONDUCT IN ACCORDANCE WITH SECTION SIX
 THOUSAND FIVE HUNDRED EIGHT OF THIS ARTICLE. THE COMMITTEE SHALL CONSIST
 OF FIVE MEMBERS WHO ARE ATHLETIC TRAINERS CERTIFIED IN THIS  STATE.  THE
 COMMITTEE SHALL ASSIST THE STATE BOARD FOR MEDICINE IN ATHLETIC TRAINING
 MATTERS.  NOMINATIONS  AND  TERMS  OF OFFICE OF THE MEMBERS OF THE STATE
 COMMITTEE FOR ATHLETIC  TRAINERS  SHALL  CONFORM  TO  THE  CORRESPONDING
 PROVISIONS  RELATING  THERETO  FOR  STATE BOARDS UNDER TITLE ONE OF THIS
 ARTICLE.   NOTWITHSTANDING THE  FOREGOING,  THE  MEMBERS  OF  THE  FIRST
 COMMITTEE  NEED  NOT  BE  CERTIFIED  PRIOR  TO  THEIR APPOINTMENT TO THE
 COMMITTEE.
   § 8305. REQUIREMENTS AND PROCEDURE FOR PROFESSIONAL CERTIFICATION. FOR
 CERTIFICATION AS A CERTIFIED  ATHLETIC  TRAINER  UNDER  THIS  TITLE,  AN
 APPLICANT SHALL FULFILL THE FOLLOWING REQUIREMENTS:
   1. APPLICATION: FILE AN APPLICATION WITH THE DEPARTMENT;
   2.  EDUCATION:  HAVE RECEIVED AN EDUCATION INCLUDING A BACHELOR'S, ITS
 EQUIVALENT OR HIGHER DEGREE IN ACCORDANCE WITH THE COMMISSIONER'S  REGU-
 LATIONS;
   3.  EXPERIENCE:  HAVE EXPERIENCE IN ACCORDANCE WITH THE COMMISSIONER'S
 REGULATIONS;
   4. EXAMINATION: PASS AN EXAMINATION IN ACCORDANCE WITH THE COMMISSION-
 ER'S REGULATIONS;
 S. 4007                            441                           A. 3007
 
   5. AGE: BE AT LEAST TWENTY-ONE YEARS OF AGE; AND
   6.  FEES:  PAY A FEE FOR AN INITIAL CERTIFICATE OF ONE HUNDRED DOLLARS
 TO THE DEPARTMENT; AND A FEE OF FIFTY DOLLARS FOR EACH TRIENNIAL  REGIS-
 TRATION PERIOD.
   §  8306. SPECIAL PROVISIONS. A PERSON SHALL BE CERTIFIED WITHOUT EXAM-
 INATION PROVIDED THAT, WITHIN THREE YEARS FROM  THE  EFFECTIVE  DATE  OF
 REGULATIONS IMPLEMENTING THE PROVISIONS OF THIS TITLE, THE INDIVIDUAL:
   1.  FILES  AN APPLICATION AND PAYS THE APPROPRIATE FEES TO THE DEPART-
 MENT; AND
   2. MEETS THE REQUIREMENTS OF SUBDIVISIONS  TWO  AND  FIVE  OF  SECTION
 EIGHT THOUSAND THREE HUNDRED FIVE OF THIS TITLE AND WHO IN ADDITION:
   A.  HAS  BEEN  ACTIVELY ENGAGED IN THE PROFESSION OF ATHLETIC TRAINING
 FOR A MINIMUM OF FOUR YEARS DURING THE SEVEN YEARS IMMEDIATELY PRECEDING
 THE EFFECTIVE DATE OF THIS TITLE; OR
   B. IS CERTIFIED BY A UNITED STATES CERTIFYING BODY ACCEPTABLE  TO  THE
 DEPARTMENT.
   §  8307. NON-LIABILITY OF CERTIFIED ATHLETIC TRAINERS FOR FIRST AID OR
 EMERGENCY TREATMENT. NOTWITHSTANDING ANY INCONSISTENT PROVISION  OF  ANY
 GENERAL, SPECIAL OR LOCAL LAW, ANY CERTIFIED ATHLETIC TRAINER WHO VOLUN-
 TARILY  AND  WITHOUT  THE  EXPECTATION  OF MONETARY COMPENSATION RENDERS
 FIRST AID OR EMERGENCY TREATMENT AT THE SCENE OF AN  ACCIDENT  OR  OTHER
 EMERGENCY, OUTSIDE A HOSPITAL, DOCTOR'S OFFICE OR ANY OTHER PLACE HAVING
 PROPER  AND  NECESSARY  ATHLETIC  TRAINING EQUIPMENT, TO A PERSON WHO IS
 UNCONSCIOUS, ILL OR INJURED, SHALL NOT BE LIABLE FOR DAMAGES  FOR  INJU-
 RIES  ALLEGED  TO  HAVE BEEN SUSTAINED BY SUCH PERSON OR FOR DAMAGES FOR
 THE DEATH OF SUCH PERSON ALLEGED TO HAVE OCCURRED BY REASON OF AN ACT OR
 OMISSION IN THE RENDERING OF  SUCH  FIRST  AID  OR  EMERGENCY  TREATMENT
 UNLESS  IT  IS  ESTABLISHED  THAT  SUCH  INJURIES WERE OR SUCH DEATH WAS
 CAUSED BY GROSS NEGLIGENCE ON THE PART OF SUCH ATHLETIC TRAINER. NOTHING
 IN THIS SECTION SHALL BE DEEMED OR  CONSTRUED  TO  RELIEVE  A  CERTIFIED
 ATHLETIC TRAINER FROM LIABILITY FOR DAMAGES FOR INJURIES OR DEATH CAUSED
 BY AN ACT OR OMISSION ON THE PART OF AN ATHLETIC TRAINER WHILE RENDERING
 PROFESSIONAL  SERVICES  IN  THE NORMAL AND ORDINARY COURSE OF HIS OR HER
 PRACTICE.
   § 8308. SEPARABILITY. IF ANY SECTION OF THIS TITLE, OR  PART  THEREOF,
 SHALL  BE ADJUDGED BY ANY COURT OF COMPETENT JURISDICTION TO BE INVALID,
 SUCH JUDGMENT SHALL NOT AFFECT, IMPAIR OR INVALIDATE  THE  REMAINDER  OF
 ANY OTHER SECTION OR PART THEREOF.
                                 TITLE 25
                        MENTAL HEALTH PRACTITIONERS
 SECTION 8400. INTRODUCTION.
         8401. DEFINITIONS.
         8402. MENTAL HEALTH COUNSELING.
         8403. MARRIAGE AND FAMILY THERAPY.
         8404. CREATIVE ARTS THERAPY.
         8405. PSYCHOANALYSIS.
         8406. STATE BOARD FOR MENTAL HEALTH PRACTITIONERS.
         8407. BOUNDARIES OF PROFESSIONAL COMPETENCY.
         8408. HOSPITAL PRIVILEGES.
         8409. LIMITED PERMITS.
         8410. EXEMPTIONS.
         8411. SPECIAL PROVISIONS.
         8412. MANDATORY CONTINUING EDUCATION.
   §  8400. INTRODUCTION. THIS TITLE APPLIES TO THE PROFESSIONS OF MENTAL
 HEALTH COUNSELING, MARRIAGE AND FAMILY THERAPY, CREATIVE  ARTS  THERAPY,
 AND PSYCHOANALYSIS AND PROVIDES FOR THE LICENSING OF SUCH PRACTITIONERS.
 S. 4007                            442                           A. 3007
 
 THE  GENERAL  PROVISIONS FOR ALL PROFESSIONS CONTAINED IN TITLE ONE THIS
 ARTICLE APPLY TO THIS TITLE.
   §  8401.  DEFINITIONS. FOR PURPOSES OF THIS TITLE, THE FOLLOWING TERMS
 SHALL HAVE THE FOLLOWING MEANINGS:
   1. "BOARD" MEANS THE  STATE  BOARD  FOR  MENTAL  HEALTH  PRACTITIONERS
 AUTHORIZED BY SECTION EIGHTY-FOUR HUNDRED SIX OF THIS TITLE.
   2.  "PSYCHOTHERAPY" MEANS THE TREATMENT OF MENTAL, NERVOUS, EMOTIONAL,
 BEHAVIORAL AND ADDICTIVE DISORDERS, AND AILMENTS  BY  THE  USE  OF  BOTH
 VERBAL AND BEHAVIORAL METHODS OF INTERVENTION IN INTERPERSONAL RELATION-
 SHIPS  WITH  THE  INTENT  OF  ASSISTING THE PERSONS TO MODIFY ATTITUDES,
 THINKING, AFFECT, AND BEHAVIOR WHICH ARE  INTELLECTUALLY,  SOCIALLY  AND
 EMOTIONALLY MALADAPTIVE.
   § 8402. MENTAL HEALTH COUNSELING. 1. THE PRACTICE OF THE PROFESSION OF
 MENTAL HEALTH COUNSELING IS DEFINED AS:
   A.  THE EVALUATION, ASSESSMENT, AMELIORATION, TREATMENT, MODIFICATION,
 OR ADJUSTMENT TO A DISABILITY, PROBLEM, OR DISORDER OF BEHAVIOR, CHARAC-
 TER, DEVELOPMENT, EMOTION, PERSONALITY OR RELATIONSHIPS BY  THE  USE  OF
 VERBAL  OR  BEHAVIORAL  METHODS  WITH  INDIVIDUALS, COUPLES, FAMILIES OR
 GROUPS IN PRIVATE PRACTICE, GROUP, OR ORGANIZED SETTINGS; AND
   B. THE USE OF ASSESSMENT INSTRUMENTS AND MENTAL HEALTH COUNSELING  AND
 PSYCHOTHERAPY TO IDENTIFY, EVALUATE AND TREAT DYSFUNCTIONS AND DISORDERS
 FOR PURPOSES OF PROVIDING APPROPRIATE MENTAL HEALTH COUNSELING SERVICES.
   2.  ONLY  A  PERSON LICENSED OR EXEMPT UNDER THIS TITLE SHALL PRACTICE
 MENTAL HEALTH COUNSELING OR USE THE  TITLE  "MENTAL  HEALTH  COUNSELOR".
 ONLY  A  PERSON  LICENSED UNDER THIS TITLE SHALL USE THE TITLE "LICENSED
 MENTAL HEALTH COUNSELOR" OR ANY OTHER DESIGNATION TENDING TO IMPLY  THAT
 THE PERSON IS LICENSED TO PRACTICE MENTAL HEALTH COUNSELING.
   3.  REQUIREMENTS  FOR A PROFESSIONAL LICENSE. TO QUALIFY FOR A LICENSE
 AS A "LICENSED MENTAL HEALTH COUNSELOR", AN APPLICANT SHALL FULFILL  THE
 FOLLOWING REQUIREMENTS:
   A. APPLICATION: FILE AN APPLICATION WITH THE DEPARTMENT;
   B.  EDUCATION:  HAVE  RECEIVED  AN  EDUCATION, INCLUDING A MASTER'S OR
 HIGHER DEGREE IN COUNSELING FROM A PROGRAM REGISTERED BY THE  DEPARTMENT
 OR  DETERMINED BY THE DEPARTMENT TO BE THE SUBSTANTIAL EQUIVALENT THERE-
 OF, IN ACCORDANCE WITH  THE  COMMISSIONER'S  REGULATIONS.  THE  GRADUATE
 COURSEWORK SHALL INCLUDE, BUT NOT BE LIMITED TO, THE FOLLOWING AREAS:
   (I) HUMAN GROWTH AND DEVELOPMENT;
   (II) SOCIAL AND CULTURAL FOUNDATIONS OF COUNSELING;
   (III) COUNSELING THEORY AND PRACTICE AND PSYCHOPATHOLOGY;
   (IV) GROUP DYNAMICS;
   (V) LIFESTYLE AND CAREER DEVELOPMENT;
   (VI) ASSESSMENT AND APPRAISAL OF INDIVIDUALS, COUPLES AND FAMILIES AND
 GROUPS;
   (VII) RESEARCH AND PROGRAM EVALUATION;
   (VIII) PROFESSIONAL ORIENTATION AND ETHICS;
   (IX) FOUNDATIONS OF MENTAL HEALTH COUNSELING AND CONSULTATION;
   (X) CLINICAL INSTRUCTION; AND
   (XI) COMPLETION OF A MINIMUM ONE YEAR SUPERVISED INTERNSHIP OR PRACTI-
 CUM IN MENTAL HEALTH COUNSELING;
   C. EXPERIENCE: AN APPLICANT SHALL COMPLETE A MINIMUM OF THREE THOUSAND
 HOURS OF POST-MASTER'S SUPERVISED EXPERIENCE RELEVANT TO THE PRACTICE OF
 MENTAL  HEALTH  COUNSELING  SATISFACTORY  TO THE BOARD AND IN ACCORDANCE
 WITH THE COMMISSIONER'S REGULATIONS. SATISFACTORY EXPERIENCE OBTAINED IN
 AN ENTITY OPERATING UNDER A WAIVER ISSUED BY THE DEPARTMENT PURSUANT  TO
 SECTION  SIXTY-FIVE  HUNDRED  THREE-A OF THIS ARTICLE MAY BE ACCEPTED BY
 THE DEPARTMENT, NOTWITHSTANDING  THAT  SUCH  EXPERIENCE  MAY  HAVE  BEEN
 S. 4007                            443                           A. 3007
 
 OBTAINED  PRIOR TO THE EFFECTIVE DATE OF SUCH SECTION SIXTY-FIVE HUNDRED
 THREE-A OF THIS ARTICLE AND/OR PRIOR TO THE  ENTITY  HAVING  OBTAINED  A
 WAIVER.  THE  DEPARTMENT  MAY, FOR GOOD CAUSE SHOWN, ACCEPT SATISFACTORY
 EXPERIENCE  THAT WAS OBTAINED IN A SETTING THAT WOULD HAVE BEEN ELIGIBLE
 FOR A WAIVER BUT WHICH HAS NOT OBTAINED A WAIVER FROM THE DEPARTMENT  OR
 EXPERIENCE  THAT  WAS  OBTAINED IN GOOD FAITH BY THE APPLICANT UNDER THE
 BELIEF THAT APPROPRIATE AUTHORIZATION HAD BEEN OBTAINED FOR THE  EXPERI-
 ENCE,  PROVIDED  THAT  SUCH  EXPERIENCE MEETS ALL OTHER REQUIREMENTS FOR
 ACCEPTABLE EXPERIENCE;
   D. EXAMINATION: PASS AN EXAMINATION SATISFACTORY TO THE BOARD  AND  IN
 ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS;
   E. AGE: BE AT LEAST TWENTY-ONE YEARS OF AGE;
   F.  CHARACTER: BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE DEPART-
 MENT; AND
   G. FEES: PAY A FEE OF ONE HUNDRED SEVENTY-FIVE DOLLARS FOR AN  INITIAL
 LICENSE  AND  A  FEE  OF  ONE HUNDRED SEVENTY DOLLARS FOR EACH TRIENNIAL
 REGISTRATION PERIOD.
   § 8403. MARRIAGE AND FAMILY THERAPY. 1. THE PRACTICE OF THE PROFESSION
 OF MARRIAGE AND FAMILY THERAPY IS DEFINED AS:
   A. THE ASSESSMENT AND  TREATMENT  OF  NERVOUS  AND  MENTAL  DISORDERS,
 WHETHER  AFFECTIVE,  COGNITIVE  OR BEHAVIORAL, WHICH RESULTS IN DYSFUNC-
 TIONAL INTERPERSONAL FAMILY RELATIONSHIPS INCLUDING, BUT NOT LIMITED  TO
 FAMILIAL   RELATIONSHIPS,   MARITAL/COUPLE  RELATIONSHIPS,  PARENT-CHILD
 RELATIONSHIPS, PRE-MARITAL AND OTHER PERSONAL RELATIONSHIPS;
   B. THE USE OF MENTAL HEALTH COUNSELING, PSYCHOTHERAPY AND  THERAPEUTIC
 TECHNIQUES  TO  EVALUATE  AND  TREAT  MARITAL,  RELATIONAL,  AND  FAMILY
 SYSTEMS, AND INDIVIDUALS IN RELATIONSHIP TO THESE SYSTEMS;
   C. THE USE OF MENTAL HEALTH  COUNSELING  AND  PSYCHOTHERAPEUTIC  TECH-
 NIQUES  TO TREAT MENTAL, EMOTIONAL AND BEHAVIORAL DISORDERS AND AILMENTS
 WITHIN THE CONTEXT OF MARITAL, RELATIONAL AND FAMILY SYSTEMS TO  PREVENT
 AND AMELIORATE DYSFUNCTION; AND
   D.  THE USE OF ASSESSMENT INSTRUMENTS AND MENTAL HEALTH COUNSELING AND
 PSYCHOTHERAPY TO IDENTIFY AND EVALUATE DYSFUNCTIONS  AND  DISORDERS  FOR
 PURPOSES OF PROVIDING APPROPRIATE MARRIAGE AND FAMILY THERAPY SERVICES.
   2.  ONLY  A  PERSON LICENSED OR EXEMPT UNDER THIS TITLE SHALL PRACTICE
 MARRIAGE AND FAMILY THERAPY OR USE THE TITLE "MARRIAGE AND FAMILY THERA-
 PIST".  ONLY A PERSON LICENSED UNDER THIS TITLE  SHALL  USE  THE  TITLES
 "LICENSED MARRIAGE AND FAMILY THERAPIST", "LICENSED MARRIAGE THERAPIST",
 "LICENSED  FAMILY  THERAPIST"  OR ANY OTHER DESIGNATION TENDING TO IMPLY
 THAT THE PERSON IS LICENSED TO PRACTICE MARRIAGE AND FAMILY THERAPY.
   3. REQUIREMENTS FOR A PROFESSIONAL LICENSE. TO QUALIFY FOR  A  LICENSE
 AS  A  "LICENSED  MARRIAGE  AND  FAMILY  THERAPIST",  AN APPLICANT SHALL
 FULFILL THE FOLLOWING REQUIREMENTS:
   A. APPLICATION: FILE AN APPLICATION WITH THE DEPARTMENT;
   B. EDUCATION: HAVE RECEIVED A MASTER'S OR DOCTORAL DEGREE IN  MARRIAGE
 AND  FAMILY  THERAPY  FROM  A  PROGRAM  REGISTERED BY THE DEPARTMENT, OR
 DETERMINED BY THE  DEPARTMENT  TO  BE  THE  SUBSTANTIAL  EQUIVALENT,  IN
 ACCORDANCE  WITH  THE COMMISSIONER'S REGULATIONS OR A GRADUATE DEGREE IN
 AN ALLIED FIELD FROM A PROGRAM REGISTERED BY THE DEPARTMENT AND GRADUATE
 LEVEL COURSEWORK DETERMINED TO BE  EQUIVALENT  TO  THAT  REQUIRED  IN  A
 PROGRAM  REGISTERED  BY THE DEPARTMENT.   THIS COURSEWORK SHALL INCLUDE,
 BUT NOT BE LIMITED TO:
   (I) THE STUDY OF HUMAN DEVELOPMENT, INCLUDING  INDIVIDUAL,  CHILD  AND
 FAMILY DEVELOPMENT;
   (II) PSYCHOPATHOLOGY;
   (III) MARITAL AND FAMILY THERAPY;
 S. 4007                            444                           A. 3007
 
   (IV) FAMILY LAW;
   (V) RESEARCH;
   (VI) PROFESSIONAL ETHICS; AND
   (VII) A PRACTICUM OF AT LEAST THREE HUNDRED CLIENT CONTACT HOURS;
   C.  EXPERIENCE:  THE  COMPLETION OF AT LEAST ONE THOUSAND FIVE HUNDRED
 CLIENT CONTACT HOURS OF SUPERVISED CLINICAL EXPERIENCE, BY PERSONS HOLD-
 ING A DEGREE FROM A MASTER'S OR DOCTORAL  PROGRAM,  OR  THE  SUBSTANTIAL
 EQUIVALENT,  IN  ACCORDANCE  WITH  THE COMMISSIONER'S REGULATIONS OR THE
 COMPLETION OF AT LEAST ONE THOUSAND FIVE HUNDRED CLIENT HOURS OF  SUPER-
 VISED  POST-MASTER'S  CLINICAL EXPERIENCE IN MARRIAGE AND FAMILY THERAPY
 SATISFACTORY TO THE DEPARTMENT IN  ACCORDANCE  WITH  THE  COMMISSIONER'S
 REGULATIONS.  SATISFACTORY  EXPERIENCE  OBTAINED  IN AN ENTITY OPERATING
 UNDER A WAIVER ISSUED BY THE DEPARTMENT PURSUANT TO  SECTION  SIXTY-FIVE
 HUNDRED  THREE-A  OF  THIS  ARTICLE  MAY  BE ACCEPTED BY THE DEPARTMENT,
 NOTWITHSTANDING THAT SUCH EXPERIENCE MAY HAVE BEEN OBTAINED PRIOR TO THE
 EFFECTIVE DATE OF SUCH SECTION SIXTY-FIVE HUNDRED THREE-A OF THIS  ARTI-
 CLE AND/OR PRIOR TO THE ENTITY HAVING OBTAINED A WAIVER.  THE DEPARTMENT
 MAY,  FOR  GOOD  CAUSE  SHOWN,  ACCEPT  SATISFACTORY EXPERIENCE THAT WAS
 OBTAINED IN A SETTING THAT WOULD HAVE BEEN ELIGIBLE  FOR  A  WAIVER  BUT
 WHICH  HAS  NOT OBTAINED A WAIVER FROM THE DEPARTMENT OR EXPERIENCE THAT
 WAS OBTAINED IN GOOD FAITH BY THE APPLICANT UNDER THE BELIEF THAT APPRO-
 PRIATE AUTHORIZATION HAD BEEN OBTAINED FOR THE EXPERIENCE, PROVIDED THAT
 SUCH EXPERIENCE MEETS ALL OTHER REQUIREMENTS FOR ACCEPTABLE EXPERIENCE;
   D. EXAMINATION: PASS AN EXAMINATION SATISFACTORY TO THE BOARD  AND  IN
 ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS;
   E. AGE: BE AT LEAST TWENTY-ONE YEARS OF AGE;
   F.  CHARACTER: BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE DEPART-
 MENT; AND
   G. FEES: PAY A FEE OF ONE HUNDRED SEVENTY-FIVE DOLLARS FOR AN  INITIAL
 LICENSE  AND  A  FEE  OF  ONE HUNDRED SEVENTY DOLLARS FOR EACH TRIENNIAL
 REGISTRATION PERIOD.
   § 8404. CREATIVE ARTS THERAPY. 1. THE PRACTICE OF  THE  PROFESSION  OF
 CREATIVE ARTS THERAPY IS DEFINED AS:
   A.  THE  ASSESSMENT,  EVALUATION, AND THE THERAPEUTIC INTERVENTION AND
 TREATMENT, WHICH MAY BE  EITHER  PRIMARY,  PARALLEL  OR  ADJUNCTIVE,  OF
 MENTAL,  EMOTIONAL,  DEVELOPMENTAL  AND BEHAVIORAL DISORDERS THROUGH THE
 USE OF THE ARTS AS APPROVED BY THE DEPARTMENT; AND
   B. THE USE OF ASSESSMENT INSTRUMENTS AND MENTAL HEALTH COUNSELING  AND
 PSYCHOTHERAPY TO IDENTIFY, EVALUATE AND TREAT DYSFUNCTIONS AND DISORDERS
 FOR PURPOSES OF PROVIDING APPROPRIATE CREATIVE ARTS THERAPY SERVICES.
   2.  ONLY  A  PERSON LICENSED OR EXEMPT UNDER THIS TITLE SHALL PRACTICE
 CREATIVE ARTS THERAPY OR USE THE TITLE "CREATIVE ARTS THERAPIST". ONLY A
 PERSON LICENSED UNDER THIS TITLE SHALL USE THE TITLE "LICENSED  CREATIVE
 ARTS  THERAPIST"  OR  ANY  OTHER  DESIGNATION  TENDING TO IMPLY THAT THE
 PERSON IS LICENSED TO PRACTICE CREATIVE ARTS THERAPY.
   3. REQUIREMENTS FOR A PROFESSIONAL LICENSE. TO QUALIFY FOR  A  LICENSE
 AS  A "LICENSED CREATIVE ARTS THERAPIST", AN APPLICANT SHALL FULFILL THE
 FOLLOWING REQUIREMENTS:
   A. APPLICATION: FILE AN APPLICATION WITH THE DEPARTMENT;
   B. EDUCATION: HAVE RECEIVED AN  EDUCATION,  INCLUDING  A  MASTER'S  OR
 HIGHER  DEGREE IN CREATIVE ARTS THERAPY FROM A PROGRAM REGISTERED BY THE
 DEPARTMENT OR DETERMINED BY THE DEPARTMENT TO BE THE SUBSTANTIAL  EQUIV-
 ALENT  THEREOF,  IN  ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS. THE
 GRADUATE COURSEWORK SHALL INCLUDE, BUT NOT BE LIMITED TO, THE  FOLLOWING
 AREAS:
   (I) HUMAN GROWTH AND DEVELOPMENT;
 S. 4007                            445                           A. 3007
 
   (II) THEORIES IN THERAPY;
   (III) GROUP DYNAMICS;
   (IV) ASSESSMENT AND APPRAISAL OF INDIVIDUALS AND GROUPS;
   (V) RESEARCH AND PROGRAM EVALUATION;
   (VI) PROFESSIONAL ORIENTATION AND ETHICS;
   (VII) FOUNDATIONS OF CREATIVE ARTS THERAPY AND PSYCHOPATHOLOGY; AND
   (VIII) CLINICAL INSTRUCTION;
   C.  EXPERIENCE: HAVE COMPLETED AT LEAST FIFTEEN HUNDRED HOURS OF POST-
 MASTER'S SUPERVISED EXPERIENCE IN ONE OR MORE  CREATIVE  ARTS  THERAPIES
 SATISFACTORY TO THE DEPARTMENT AND IN ACCORDANCE WITH THE COMMISSIONER'S
 REGULATIONS.  SATISFACTORY  EXPERIENCE  OBTAINED  IN AN ENTITY OPERATING
 UNDER A WAIVER ISSUED BY THE DEPARTMENT PURSUANT TO  SECTION  SIXTY-FIVE
 HUNDRED  THREE-A  OF  THIS  ARTICLE  MAY  BE ACCEPTED BY THE DEPARTMENT,
 NOTWITHSTANDING THAT SUCH EXPERIENCE MAY HAVE BEEN OBTAINED PRIOR TO THE
 EFFECTIVE DATE OF SUCH SECTION SIXTY-FIVE HUNDRED THREE-A OF THIS  ARTI-
 CLE  AND/OR PRIOR TO THE ENTITY HAVING OBTAINED A WAIVER. THE DEPARTMENT
 MAY, FOR GOOD CAUSE  SHOWN,  ACCEPT  SATISFACTORY  EXPERIENCE  THAT  WAS
 OBTAINED  IN  A  SETTING  THAT WOULD HAVE BEEN ELIGIBLE FOR A WAIVER BUT
 WHICH HAS NOT OBTAINED A WAIVER FROM THE DEPARTMENT OR  EXPERIENCE  THAT
 WAS OBTAINED IN GOOD FAITH BY THE APPLICANT UNDER THE BELIEF THAT APPRO-
 PRIATE AUTHORIZATION HAD BEEN OBTAINED FOR THE EXPERIENCE, PROVIDED THAT
 SUCH EXPERIENCE MEETS ALL OTHER REQUIREMENTS FOR ACCEPTABLE EXPERIENCE;
   D. EXAMINATION: PASS AN EXAMINATION IN CREATIVE ARTS THERAPY SATISFAC-
 TORY  TO  THE DEPARTMENT AND IN ACCORDANCE WITH THE COMMISSIONER'S REGU-
 LATIONS;
   E. AGE: BE AT LEAST TWENTY-ONE YEARS OF AGE;
   F. CHARACTER: BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE  DEPART-
 MENT; AND
   G.  FEES: PAY A FEE OF ONE HUNDRED SEVENTY-FIVE DOLLARS FOR AN INITIAL
 LICENSE AND A FEE OF ONE HUNDRED  SEVENTY  DOLLARS  FOR  EACH  TRIENNIAL
 REGISTRATION PERIOD.
   §  8405.  PSYCHOANALYSIS. 1. THE PRACTICE OF THE PROFESSION OF PSYCHO-
 ANALYSIS IS DEFINED AS:
   A. THE OBSERVATION, DESCRIPTION,  EVALUATION,  AND  INTERPRETATION  OF
 DYNAMIC UNCONSCIOUS MENTAL PROCESSES THAT CONTRIBUTE TO THE FORMATION OF
 PERSONALITY  AND  BEHAVIOR  IN ORDER TO IDENTIFY AND RESOLVE UNCONSCIOUS
 PSYCHIC PROBLEMS WHICH AFFECT INTERPERSONAL RELATIONSHIPS AND  EMOTIONAL
 DEVELOPMENT,  TO  FACILITATE CHANGES IN PERSONALITY AND BEHAVIOR THROUGH
 THE USE OF VERBAL AND NONVERBAL COGNITIVE AND  EMOTIONAL  COMMUNICATION,
 AND TO DEVELOP ADAPTIVE FUNCTIONING; AND
   B.  THE USE OF ASSESSMENT INSTRUMENTS AND MENTAL HEALTH COUNSELING AND
 PSYCHOTHERAPY TO IDENTIFY, EVALUATE AND TREAT DYSFUNCTIONS AND DISORDERS
 FOR PURPOSES OF PROVIDING APPROPRIATE PSYCHOANALYTIC SERVICES.
   2. ONLY A PERSON LICENSED OR EXEMPT UNDER THIS  TITLE  SHALL  PRACTICE
 PSYCHOANALYSIS  OR USE THE TITLE "PSYCHOANALYST". ONLY A PERSON LICENSED
 UNDER THIS TITLE SHALL USE THE TITLE  "LICENSED  PSYCHOANALYST"  OR  ANY
 OTHER  DESIGNATION TENDING TO IMPLY THAT THE PERSON IS LICENSED TO PRAC-
 TICE PSYCHOANALYSIS.
   3. REQUIREMENTS FOR A PROFESSIONAL LICENSE. TO QUALIFY FOR  A  LICENSE
 AS  A "LICENSED PSYCHOANALYST", AN APPLICANT SHALL FULFILL THE FOLLOWING
 REQUIREMENTS:
   A. APPLICATION: FILE AN APPLICATION WITH THE DEPARTMENT;
   B. EDUCATION: HAVE  RECEIVED  A  MASTER'S  DEGREE  OR  HIGHER  FROM  A
 DEGREE-GRANTING  PROGRAM REGISTERED BY THE DEPARTMENT OR THE SUBSTANTIAL
 EQUIVALENT AND HAVE COMPLETED A  PROGRAM  OF  STUDY  REGISTERED  BY  THE
 DEPARTMENT  IN A PSYCHOANALYTIC INSTITUTE CHARTERED BY THE DEPARTMENT OR
 S. 4007                            446                           A. 3007
 
 THE SUBSTANTIAL EQUIVALENT AS DETERMINED BY THE DEPARTMENT. THE  PROGRAM
 OF STUDY IN A PSYCHOANALYTIC INSTITUTE SHALL INCLUDE COURSEWORK SUBSTAN-
 TIALLY  EQUIVALENT  TO  COURSEWORK  REQUIRED  FOR A MASTER'S DEGREE IN A
 HEALTH  OR  MENTAL  HEALTH FIELD OF STUDY. THE COURSEWORK SHALL INCLUDE,
 BUT NOT BE LIMITED TO, THE FOLLOWING AREAS:
   (I) PERSONALITY DEVELOPMENT;
   (II) PSYCHOANALYTIC THEORY OF PSYCHOPATHOLOGY;
   (III) PSYCHOANALYTIC THEORY OF PSYCHODIAGNOSIS;
   (IV) SOCIOCULTURAL INFLUENCE ON GROWTH AND PSYCHOPATHOLOGY;
   (V) PRACTICE TECHNIQUE (INCLUDING DREAMS AND SYMBOLIC PROCESSES);
   (VI) ANALYSIS OF RESISTANCE, TRANSFERENCE, AND COUNTERTRANSFERENCE;
   (VII) CASE SEMINARS ON CLINICAL PRACTICE;
   (VIII) PRACTICE IN PSYCHOPATHOLOGY AND PSYCHODIAGNOSIS;
   (IX) PROFESSIONAL ETHICS AND PSYCHOANALYTIC RESEARCH METHODOLOGY; AND
   (X) A MINIMUM OF THREE HUNDRED HOURS  OF  PERSONAL  ANALYSIS  AND  ONE
 HUNDRED FIFTY HOURS OF SUPERVISED ANALYSIS;
   C.  EXPERIENCE:  HAVE  COMPLETED A MINIMUM OF FIFTEEN HUNDRED HOURS OF
 SUPERVISED CLINICAL PRACTICE  SATISFACTORY  TO  THE  DEPARTMENT  AND  IN
 ACCORDANCE  WITH THE COMMISSIONER'S REGULATIONS. SATISFACTORY EXPERIENCE
 OBTAINED IN AN ENTITY OPERATING UNDER A WAIVER ISSUED BY THE  DEPARTMENT
 PURSUANT  TO  SECTION  SIXTY-FIVE HUNDRED THREE-A OF THIS ARTICLE MAY BE
 ACCEPTED BY THE DEPARTMENT, NOTWITHSTANDING  THAT  SUCH  EXPERIENCE  MAY
 HAVE  BEEN  OBTAINED  PRIOR TO THE EFFECTIVE DATE OF SUCH SECTION SIXTY-
 FIVE HUNDRED THREE-A AND/OR PRIOR TO THE ENTITY HAVING OBTAINED A  WAIV-
 ER.  THE DEPARTMENT MAY, FOR GOOD CAUSE SHOWN, ACCEPT SATISFACTORY EXPE-
 RIENCE THAT WAS OBTAINED IN A SETTING THAT WOULD HAVE BEEN ELIGIBLE  FOR
 A  WAIVER  BUT  WHICH  HAS  NOT OBTAINED A WAIVER FROM THE DEPARTMENT OR
 EXPERIENCE THAT WAS OBTAINED IN GOOD FAITH BY THE  APPLICANT  UNDER  THE
 BELIEF  THAT APPROPRIATE AUTHORIZATION HAD BEEN OBTAINED FOR THE EXPERI-
 ENCE, PROVIDED THAT SUCH EXPERIENCE MEETS  ALL  OTHER  REQUIREMENTS  FOR
 ACCEPTABLE EXPERIENCE;
   D.  EXAMINATION: PASS AN EXAMINATION IN PSYCHOANALYSIS SATISFACTORY TO
 THE DEPARTMENT AND IN ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS;
   E. AGE: BE AT LEAST TWENTY-ONE YEARS OF AGE;
   F. CHARACTER: BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE  DEPART-
 MENT; AND
   G.  FEES: PAY A FEE OF ONE HUNDRED SEVENTY-FIVE DOLLARS FOR AN INITIAL
 LICENSE AND A FEE OF ONE HUNDRED  SEVENTY  DOLLARS  FOR  EACH  TRIENNIAL
 REGISTRATION PERIOD.
   § 8406. STATE BOARD FOR MENTAL HEALTH PRACTITIONERS. A STATE BOARD FOR
 MENTAL  HEALTH  PRACTITIONERS SHALL BE APPOINTED BY THE COMMISSIONER FOR
 THE PURPOSE OF ASSISTING THE DEPARTMENT  ON  MATTERS  OF  LICENSING  AND
 REGULATION.    THE  BOARD  SHALL  BE COMPOSED OF AT LEAST THREE LICENSED
 MEMBERS FROM EACH PROFESSION LICENSED PURSUANT  TO  THIS  TITLE  AND  AT
 LEAST  THREE  PUBLIC  REPRESENTATIVES  WHO  DO NOT HOLD INTERESTS IN THE
 ORGANIZATION, FINANCING, OR DELIVERY OF MENTAL  HEALTH  SERVICES.  ADDI-
 TIONALLY,  THE BOARD SHALL CONTAIN ONE PHYSICIAN WHO SHALL BE A PSYCHIA-
 TRIST. MEMBERS OF THE FIRST BOARD NEED NOT BE LICENSED  PRIOR  TO  THEIR
 APPOINTMENT TO THE BOARD. THE TERMS OF THE FIRST APPOINTED MEMBERS SHALL
 BE  STAGGERED  SO  THAT  FIVE  ARE  APPOINTED  FOR THREE YEARS, FIVE ARE
 APPOINTED FOR FOUR YEARS, AND SIX ARE APPOINTED FOR FIVE YEARS. AN EXEC-
 UTIVE SECRETARY TO THE BOARD SHALL BE APPOINTED BY THE COMMISSIONER.
   § 8407. BOUNDARIES OF PROFESSIONAL COMPETENCY. 1. IT SHALL  BE  DEEMED
 PRACTICING  OUTSIDE THE BOUNDARIES OF HIS OR HER PROFESSIONAL COMPETENCE
 FOR A PERSON LICENSED PURSUANT TO THIS TITLE, IN THE CASE  OF  TREATMENT
 OF  ANY SERIOUS MENTAL ILLNESS, TO PROVIDE ANY MENTAL HEALTH SERVICE FOR
 S. 4007                            447                           A. 3007
 
 SUCH ILLNESS ON A CONTINUOUS AND SUSTAINED BASIS WITHOUT A MEDICAL EVAL-
 UATION OF THE ILLNESS BY, AND CONSULTATION WITH, A  PHYSICIAN  REGARDING
 SUCH  ILLNESS.    SUCH  MEDICAL  EVALUATION AND CONSULTATION SHALL BE TO
 DETERMINE  AND  ADVISE  WHETHER  ANY  MEDICAL CARE IS INDICATED FOR SUCH
 ILLNESS. FOR PURPOSES OF THIS SECTION, "SERIOUS  MENTAL  ILLNESS"  MEANS
 SCHIZOPHRENIA, SCHIZOAFFECTIVE DISORDER, BIPOLAR DISORDER, MAJOR DEPRES-
 SIVE  DISORDER,  PANIC  DISORDER,  OBSESSIVE-COMPULSIVE DISORDER, ATTEN-
 TION-DEFICIT HYPERACTIVITY DISORDER AND AUTISM.
   2. ANY INDIVIDUAL WHOSE LICENSE OR AUTHORITY TO PRACTICE DERIVES  FROM
 THE PROVISIONS OF THIS TITLE SHALL BE PROHIBITED FROM:
   A.  PRESCRIBING OR ADMINISTERING DRUGS AS DEFINED IN THIS CHAPTER AS A
 TREATMENT, THERAPY, OR PROFESSIONAL SERVICE IN THE PRACTICE  OF  HIS  OR
 HER PROFESSION; OR
   B.  USING INVASIVE PROCEDURES AS A TREATMENT, THERAPY, OR PROFESSIONAL
 SERVICE IN THE PRACTICE OF HIS OR HER PROFESSION. FOR PURPOSES  OF  THIS
 SUBDIVISION,  "INVASIVE  PROCEDURE"  MEANS  ANY PROCEDURE IN WHICH HUMAN
 TISSUE IS CUT, ALTERED, OR OTHERWISE INFILTRATED BY MECHANICAL OR  OTHER
 MEANS.  INVASIVE PROCEDURE INCLUDES SURGERY, LASERS, IONIZING RADIATION,
 THERAPEUTIC ULTRASOUND, OR ELECTROCONVULSIVE THERAPY.
   §  8408. HOSPITAL PRIVILEGES. NOTHING IN THIS TITLE SHALL BE DEEMED TO
 AUTHORIZE, GRANT, OR EXTEND HOSPITAL PRIVILEGES TO INDIVIDUALS  LICENSED
 UNDER THIS TITLE.
   §  8409.  LIMITED  PERMITS.  THE  FOLLOWING REQUIREMENTS FOR A LIMITED
 PERMIT SHALL APPLY TO ALL PROFESSIONS LICENSED PURSUANT TO THIS TITLE:
   1. THE DEPARTMENT MAY ISSUE A LIMITED PERMIT TO AN APPLICANT WHO MEETS
 ALL QUALIFICATIONS FOR LICENSURE, EXCEPT THE EXAMINATION AND/OR  EXPERI-
 ENCE REQUIREMENTS, IN ACCORDANCE WITH REGULATIONS PROMULGATED THEREFOR.
   2. LIMITED PERMITS SHALL BE FOR TWO YEARS; SUCH LIMITED PERMITS MAY BE
 RENEWED,  AT  THE DISCRETION OF THE DEPARTMENT, FOR UP TO TWO ADDITIONAL
 ONE YEAR PERIODS.
   3. THE FEE FOR EACH LIMITED PERMIT  AND  FOR  EACH  RENEWAL  SHALL  BE
 SEVENTY DOLLARS.
   § 8410. EXEMPTIONS. NOTHING CONTAINED IN THIS TITLE SHALL BE CONSTRUED
 TO:
   1.  APPLY TO THE PRACTICE, CONDUCT, ACTIVITIES, SERVICES OR USE OF ANY
 TITLE BY ANY PERSON LICENSED OR OTHERWISE AUTHORIZED TO  PRACTICE  MEDI-
 CINE  WITHIN  THE  STATE PURSUANT TO TITLE TWO OF THIS ARTICLE OR BY ANY
 PERSON REGISTERED TO PERFORM SERVICES AS A  PHYSICIAN  ASSISTANT  WITHIN
 THE  STATE  PURSUANT  TO  TITLE  FOUR  OF  THIS ARTICLE OR BY ANY PERSON
 LICENSED OR OTHERWISE AUTHORIZED  TO  PRACTICE  PSYCHOLOGY  WITHIN  THIS
 STATE  PURSUANT  TO  TITLE  SEVENTEEN  OF  THIS ARTICLE OR BY ANY PERSON
 LICENSED OR OTHERWISE AUTHORIZED TO PRACTICE  SOCIAL  WORK  WITHIN  THIS
 STATE  PURSUANT  TO  TITLE  EIGHTEEN  OF  THIS ARTICLE, OR BY ANY PERSON
 LICENSED OR OTHERWISE AUTHORIZED TO PRACTICE  NURSING  AS  A  REGISTERED
 PROFESSIONAL  NURSE  OR NURSE PRACTITIONER WITHIN THIS STATE PURSUANT TO
 TITLE TWELVE OF THIS ARTICLE OR BY  ANY  PERSON  LICENSED  OR  OTHERWISE
 AUTHORIZED TO PRACTICE APPLIED BEHAVIOR ANALYSIS WITHIN THE STATE PURSU-
 ANT  TO  TITLE  TWENTY-NINE  OF THIS ARTICLE; PROVIDED, HOWEVER, THAT NO
 PHYSICIAN, PHYSICIAN'S ASSISTANT, REGISTERED PROFESSIONAL  NURSE,  NURSE
 PRACTITIONER,  PSYCHOLOGIST,  LICENSED  MASTER  SOCIAL  WORKER, LICENSED
 CLINICAL SOCIAL WORKER, LICENSED BEHAVIOR ANALYST OR CERTIFIED  BEHAVIOR
 ANALYST ASSISTANT MAY USE THE TITLES "LICENSED MENTAL HEALTH COUNSELOR",
 "LICENSED MARRIAGE AND FAMILY THERAPIST", "LICENSED CREATIVE ARTS THERA-
 PIST", OR "LICENSED PSYCHOANALYST", UNLESS LICENSED UNDER THIS ARTICLE;
   2. PROHIBIT OR LIMIT ANY INDIVIDUAL WHO IS CREDENTIALED UNDER ANY LAW,
 INCLUDING  ATTORNEYS, RAPE CRISIS COUNSELORS, CERTIFIED ALCOHOLISM COUN-
 S. 4007                            448                           A. 3007
 
 SELORS AND CERTIFIED SUBSTANCE ABUSE COUNSELORS  FROM  PROVIDING  MENTAL
 HEALTH SERVICES WITHIN THEIR RESPECTIVE ESTABLISHED AUTHORITIES;
   3. PROHIBIT OR LIMIT THE PRACTICE OF A PROFESSION LICENSED PURSUANT TO
 THIS TITLE BY A STUDENT, INTERN OR RESIDENT IN, AND AS PART OF, A SUPER-
 VISED EDUCATIONAL PROGRAM IN AN INSTITUTION APPROVED BY THE DEPARTMENT;
   4.  PROHIBIT OR LIMIT THE PROVISION OF PASTORAL COUNSELING SERVICES BY
 ANY MEMBER OF THE CLERGY OR CHRISTIAN SCIENCE PRACTITIONER,  WITHIN  THE
 CONTEXT OF HIS OR HER MINISTERIAL CHARGE OR OBLIGATION;
   5.  PROHIBIT OR LIMIT INDIVIDUALS, CHURCHES, SCHOOLS, TEACHERS, ORGAN-
 IZATIONS, OR  NOT-FOR-PROFIT  BUSINESSES,  FROM  PROVIDING  INSTRUCTION,
 ADVICE, SUPPORT, ENCOURAGEMENT, OR INFORMATION TO INDIVIDUALS, FAMILIES,
 AND RELATIONAL GROUPS;
   6.  PROHIBIT  OR  LIMIT AN OCCUPATIONAL THERAPIST FROM PERFORMING WORK
 CONSISTENT WITH TITLE TWENTY OF THIS ARTICLE;
   7. PROHIBIT THE PRACTICE OF MENTAL  HEALTH  COUNSELING,  MARRIAGE  AND
 FAMILY  THERAPY,  CREATIVE ARTS THERAPY OR PSYCHOANALYSIS, TO THE EXTENT
 PERMISSIBLE WITHIN THE SCOPE OF PRACTICE OF  SUCH  PROFESSIONS,  BY  ANY
 NOT-FOR-PROFIT  CORPORATION  OR EDUCATION CORPORATION PROVIDING SERVICES
 WITHIN THE STATE OF NEW YORK AND OPERATING UNDER A  WAIVER  PURSUANT  TO
 SECTION  SIXTY-FIVE  HUNDRED  THREE-A  OF THIS TITLE, PROVIDED THAT SUCH
 ENTITIES OFFERING MENTAL HEALTH COUNSELING, MARRIAGE AND FAMILY THERAPY,
 CREATIVE ARTS THERAPY OR PSYCHOANALYSIS SERVICES SHALL ONLY PROVIDE SUCH
 SERVICES THROUGH  AN  INDIVIDUAL  APPROPRIATELY  LICENSED  OR  OTHERWISE
 AUTHORIZED  TO PROVIDE SUCH SERVICES OR A PROFESSIONAL ENTITY AUTHORIZED
 BY LAW TO PROVIDE SUCH SERVICES;
   8. A. PREVENT A PERSON WITHOUT A LICENSE FROM: PERFORMING  ASSESSMENTS
 INCLUDING  BUT NOT LIMITED TO BASIC INFORMATION COLLECTION, GATHERING OF
 DEMOGRAPHIC DATA, AND INFORMAL OBSERVATIONS, SCREENING AND REFERRAL USED
 FOR GENERAL ELIGIBILITY FOR A PROGRAM OR  SERVICE  AND  DETERMINING  THE
 FUNCTIONAL  STATUS  OF AN INDIVIDUAL FOR THE PURPOSE OF DETERMINING NEED
 FOR SERVICES; ADVISING  INDIVIDUALS  REGARDING  THE  APPROPRIATENESS  OF
 BENEFITS  THEY  ARE  ELIGIBLE FOR; PROVIDING GENERAL ADVICE AND GUIDANCE
 AND ASSISTING INDIVIDUALS OR GROUPS WITH DIFFICULT DAY TO  DAY  PROBLEMS
 SUCH AS FINDING EMPLOYMENT, LOCATING SOURCES OF ASSISTANCE, AND ORGANIZ-
 ING  COMMUNITY  GROUPS  TO  WORK  ON  A SPECIFIC PROBLEM; PROVIDING PEER
 SERVICES; SELECTING FOR SUITABILITY AND PROVIDING SUBSTANCE ABUSE TREAT-
 MENT SERVICES OR GROUP RE-ENTRY SERVICES TO INCARCERATED INDIVIDUALS  IN
 STATE  CORRECTIONAL  FACILITIES;  OR PROVIDING SUBSTANCE ABUSE TREATMENT
 SERVICES OR RE-ENTRY  SERVICES  TO  INCARCERATED  INDIVIDUALS  IN  LOCAL
 CORRECTIONAL FACILITIES.
   B.  PREVENT  A  PERSON  WITHOUT A LICENSE FROM CREATING, DEVELOPING OR
 IMPLEMENTING A SERVICE PLAN OR RECOVERY PLAN THAT IS  NOT  A  BEHAVIORAL
 HEALTH DIAGNOSIS OR TREATMENT PLAN. SUCH SERVICE OR RECOVERY PLANS SHALL
 INCLUDE, BUT ARE NOT LIMITED TO, COORDINATING, EVALUATING OR DETERMINING
 THE  NEED  FOR, OR THE PROVISION OF THE FOLLOWING SERVICES: JOB TRAINING
 AND EMPLOYABILITY; HOUSING; HOMELESS SERVICES AND SHELTERS FOR  HOMELESS
 INDIVIDUALS AND FAMILIES; REFUGEE SERVICES; RESIDENTIAL, DAY OR COMMUNI-
 TY  HABILITATION  SERVICES;  GENERAL PUBLIC ASSISTANCE; IN HOME SERVICES
 AND SUPPORTS OR HOME-DELIVERED MEALS; RECOVERY SUPPORTS; ADULT OR  CHILD
 PROTECTIVE  SERVICES  INCLUDING  INVESTIGATIONS; DETENTION AS DEFINED IN
 SECTION FIVE HUNDRED TWO OF THE EXECUTIVE LAW; PREVENTION  AND  RESIDEN-
 TIAL SERVICES FOR VICTIMS OF DOMESTIC VIOLENCE; SERVICES FOR RUNAWAY AND
 HOMELESS  YOUTH;  FOSTER CARE, ADOPTION, PREVENTIVE SERVICES OR SERVICES
 IN ACCORDANCE WITH AN APPROVED PLAN PURSUANT  TO  SECTION  FOUR  HUNDRED
 FOUR  OF  THE  SOCIAL  SERVICES LAW, INCLUDING, ADOPTION AND FOSTER HOME
 STUDIES AND ASSESSMENTS, FAMILY SERVICE PLANS, TRANSITION PLANS, PERMAN-
 S. 4007                            449                           A. 3007
 
 ENCY PLANNING ACTIVITIES, AND CASE PLANNING OR CASE MANAGEMENT  AS  SUCH
 TERMS ARE DEFINED IN THE REGULATIONS OF THE OFFICE OF CHILDREN AND FAMI-
 LY  SERVICES;  RESIDENTIAL  REHABILITATION;  HOME  AND  COMMUNITY  BASED
 SERVICES;  AND DE-ESCALATION TECHNIQUES, PEER SERVICES OR SKILL DEVELOP-
 MENT.
   C. (I) PREVENT A PERSON WITHOUT A  LICENSE  FROM  PARTICIPATING  AS  A
 MEMBER  OF  A MULTI-DISCIPLINARY TEAM TO ASSIST IN THE DEVELOPMENT OF OR
 IMPLEMENTATION OF  A  BEHAVIORAL  HEALTH  SERVICES  OR  TREATMENT  PLAN;
 PROVIDED THAT SUCH TEAM SHALL INCLUDE ONE OR MORE PROFESSIONALS LICENSED
 UNDER  THIS  TITLE  OR TITLES TWO, TWELVE, SEVENTEEN OR EIGHTEEN OF THIS
 ARTICLE; AND PROVIDED, FURTHER, THAT THE ACTIVITIES PERFORMED BY MEMBERS
 OF THE TEAM SHALL BE CONSISTENT WITH THE SCOPE OF PRACTICE FOR EACH TEAM
 MEMBER LICENSED OR AUTHORIZED UNDER THIS ARTICLE, AND THOSE WHO ARE  NOT
 SO  AUTHORIZED MAY NOT ENGAGE IN THE FOLLOWING RESTRICTED PRACTICES: THE
 DIAGNOSIS OF MENTAL, EMOTIONAL, BEHAVIORAL, ADDICTIVE AND  DEVELOPMENTAL
 DISORDERS  AND  DISABILITIES;  PATIENT  ASSESSMENT  AND  EVALUATING; THE
 PROVISION OF PSYCHOTHERAPEUTIC TREATMENT;  THE  PROVISION  OF  TREATMENT
 OTHER  THAN PSYCHOTHERAPEUTIC TREATMENT; OR INDEPENDENTLY DEVELOPING AND
 IMPLEMENTING ASSESSMENT-BASED TREATMENT  PLANS  AS  DEFINED  IN  SECTION
 SEVENTY-SEVEN HUNDRED ONE OF THIS CHAPTER.
   (II)  FOR  THE PURPOSES OF THIS PARAGRAPH, "ASSIST" SHALL INCLUDE, BUT
 NOT BE LIMITED TO, THE PROVISION OR PERFORMANCE OF THE FOLLOWING  TASKS,
 SERVICES,  OR  FUNCTIONS  BY AN INDIVIDUAL WHO HAS OBTAINED THE TRAINING
 AND EXPERIENCE REQUIRED BY THE  APPLICABLE  STATE  OVERSIGHT  AGENCY  TO
 PERFORM SUCH TASK, SERVICE OR FUNCTION IN FACILITIES OR PROGRAMS OPERAT-
 ING PURSUANT TO ARTICLE NINETEEN-G OF THE EXECUTIVE LAW; ARTICLES SEVEN,
 SIXTEEN,  THIRTY-ONE  OR  THIRTY-TWO OF THE MENTAL HYGIENE LAW; OR TITLE
 THREE OF ARTICLE SEVEN OF THE SOCIAL SERVICES LAW:
   (A) HELPING AN INDIVIDUAL WITH THE COMPLETION OF  FORMS  OR  QUESTION-
 NAIRES;
   (B) REVIEWING EXISTING CASE RECORDS AND COLLECTING BACKGROUND INFORMA-
 TION  ABOUT AN INDIVIDUAL WHICH MAY BE USED BY THE LICENSED PROFESSIONAL
 OR MULTI-DISCIPLINARY TEAM;
   (C) GATHERING AND  REPORTING  INFORMATION  ABOUT  PREVIOUS  BEHAVIORAL
 HEALTH  INTERVENTIONS,  HOSPITALIZATIONS, DOCUMENTED DIAGNOSIS, OR PRIOR
 TREATMENT FOR REVIEW BY THE LICENSED PROFESSIONAL AND MULTI-DISCIPLINARY
 TEAM;
   (D) DISCUSSING WITH  THE  INDIVIDUAL  HIS  OR  HER  SITUATION,  NEEDS,
 CONCERNS,  AND  THOUGHTS IN ORDER TO HELP IDENTIFY SERVICES THAT SUPPORT
 THE INDIVIDUAL'S GOALS, INDEPENDENCE, AND QUALITY OF LIFE;
   (E) PROVIDING ADVICE, INFORMATION, AND ASSISTANCE TO  INDIVIDUALS  AND
 FAMILY MEMBERS TO IDENTIFY NEEDS AND AVAILABLE RESOURCES IN THE COMMUNI-
 TY TO HELP MEET THE NEEDS OF THE INDIVIDUAL OR FAMILY MEMBER;
   (F)  ENGAGING  IN IMMEDIATE AND LONG-TERM PROBLEM SOLVING, ENGAGING IN
 THE DEVELOPMENT OF SOCIAL SKILLS, OR PROVIDING  GENERAL  HELP  IN  AREAS
 INCLUDING,  BUT NOT LIMITED TO, HOUSING, EMPLOYMENT, CHILD CARE, PARENT-
 ING, COMMUNITY BASED SERVICES, AND FINANCES;
   (G) DISTRIBUTING PAPER COPIES OF SELF-ADMINISTERED TESTS FOR THE INDI-
 VIDUAL TO COMPLETE WHEN SUCH TESTS DO NOT REQUIRE  THE  OBSERVATION  AND
 JUDGMENT OF A LICENSED PROFESSIONAL;
   (H)  MONITORING TREATMENT BY THE COLLECTION OF WRITTEN AND/OR OBSERVA-
 TIONAL DATA IN ACCORDANCE WITH THE TREATMENT PLAN AND  PROVIDING  VERBAL
 OR WRITTEN REPORTS TO THE MULTI-DISCIPLINARY TEAM;
   (I) IDENTIFYING GAPS IN SERVICES AND COORDINATING ACCESS TO OR ARRANG-
 ING  SERVICES  FOR  INDIVIDUALS  SUCH  AS  HOME  CARE,  COMMUNITY  BASED
 S. 4007                            450                           A. 3007
 
 SERVICES, HOUSING, EMPLOYMENT, TRANSPORTATION,  CHILD  CARE,  VOCATIONAL
 TRAINING, OR HEALTH CARE;
   (J) OFFERING EDUCATION PROGRAMS THAT PROVIDE INFORMATION ABOUT DISEASE
 IDENTIFICATION  AND RECOMMENDED TREATMENTS THAT MAY BE PROVIDED, AND HOW
 TO ACCESS SUCH TREATMENT;
   (K) REPORTING ON BEHAVIOR, ACTIONS,  AND  RESPONSES  TO  TREATMENT  BY
 COLLECTING  WRITTEN  AND/OR OBSERVATIONAL DATA AS PART OF A MULTI-DISCI-
 PLINARY TEAM;
   (L) USING DE-ESCALATION TECHNIQUES CONSISTENT WITH APPROPRIATE  TRAIN-
 ING;
   (M)  PERFORMING  ASSESSMENTS  USING STANDARDIZED, STRUCTURED INTERVIEW
 TOOLS OR INSTRUMENTS;
   (N) DIRECTLY DELIVERING SERVICES OUTLINED IN THE SERVICE PLAN THAT ARE
 NOT CLINICAL IN NATURE BUT HAVE BEEN TAILORED TO AN INDIVIDUAL BASED  ON
 ANY  DIAGNOSES SUCH INDIVIDUAL MAY HAVE RECEIVED FROM A LICENSED PROFES-
 SIONAL; AND
   (O) ADVOCATING WITH EDUCATIONAL, JUDICIAL OR OTHER SYSTEMS TO  PROTECT
 AN INDIVIDUAL'S RIGHTS AND ACCESS TO APPROPRIATE SERVICES.
   D.  PROVIDED,  FURTHER,  THAT  NOTHING  IN  THIS  SUBDIVISION SHALL BE
 CONSTRUED AS REQUIRING A LICENSE FOR ANY PARTICULAR ACTIVITY OR FUNCTION
 BASED SOLELY ON THE FACT THAT THE ACTIVITY OR FUNCTION IS NOT LISTED  IN
 THIS SUBDIVISION.
   9. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, NOTHING
 IN  THIS TITLE SHALL BE CONSTRUED TO PROHIBIT OR LIMIT THE ACTIVITIES OR
 SERVICES PROVIDED UNDER THIS TITLE BY ANY PERSON WHO IS EMPLOYED OR  WHO
 COMMENCES  EMPLOYMENT IN A PROGRAM OR SERVICE OPERATED, REGULATED, FUND-
 ED, OR APPROVED BY THE DEPARTMENT OF MENTAL HYGIENE, THE OFFICE OF CHIL-
 DREN AND FAMILY SERVICES, THE DEPARTMENT OF  CORRECTIONS  AND  COMMUNITY
 SUPERVISION,  THE  OFFICE  OF  TEMPORARY  AND DISABILITY ASSISTANCE, THE
 STATE OFFICE FOR THE AGING AND THE DEPARTMENT OR  A  LOCAL  GOVERNMENTAL
 UNIT  AS THAT TERM IS DEFINED IN SECTION 41.03 OF THE MENTAL HYGIENE LAW
 OR A SOCIAL SERVICES DISTRICT AS DEFINED IN  SECTION  SIXTY-ONE  OF  THE
 SOCIAL  SERVICES LAW ON OR BEFORE TWO YEARS FROM THE DATE THAT THE REGU-
 LATIONS ISSUED IN ACCORDANCE WITH SECTION  SIX  OF  PART  Y  OF  CHAPTER
 FIFTY-SEVEN  OF  THE  LAWS  OF TWO THOUSAND EIGHTEEN APPEAR IN THE STATE
 REGISTER OR ARE ADOPTED, WHICHEVER IS LATER.  SUCH PROHIBITIONS OR LIMI-
 TATIONS SHALL NOT APPLY TO SUCH EMPLOYEES FOR AS  LONG  AS  THEY  REMAIN
 EMPLOYED  BY  SUCH PROGRAMS OR SERVICES AND WHETHER THEY REMAIN EMPLOYED
 BY THE SAME OR OTHER EMPLOYERS  PROVIDING  SUCH  PROGRAMS  OR  SERVICES.
 PROVIDED  HOWEVER,  THAT  ANY  PERSON  WHO  COMMENCES EMPLOYMENT IN SUCH
 PROGRAM OR SERVICE AFTER  SUCH  DATE  AND  PERFORMS  SERVICES  THAT  ARE
 RESTRICTED  UNDER  THIS TITLE SHALL BE APPROPRIATELY LICENSED OR AUTHOR-
 IZED UNDER THIS TITLE. EACH STATE  OVERSIGHT  AGENCY  SHALL  CREATE  AND
 MAINTAIN  A  PROCESS  TO VERIFY EMPLOYMENT HISTORY OF INDIVIDUALS EXEMPT
 UNDER THIS SUBDIVISION.
   10. THE ACTIVITIES OR SERVICES PROVIDED BY A PERSON  WITH  A  MASTER'S
 LEVEL  DEGREE  REQUIRED  FOR  LICENSURE  PURSUANT TO THIS TITLE, WORKING
 UNDER THE SUPERVISION OF  A  PROFESSIONAL  LICENSED  PURSUANT  TO  TITLE
 SEVENTEEN  OR EIGHTEEN OF THIS ARTICLE IN A PROGRAM OR SERVICE OPERATED,
 REGULATED, FUNDED, OR APPROVED BY THE DEPARTMENT OF MENTAL HYGIENE,  THE
 OFFICE  OF  CHILDREN  AND FAMILY SERVICES, THE DEPARTMENT OF CORRECTIONS
 AND COMMUNITY  SUPERVISION,  THE  OFFICE  OF  TEMPORARY  AND  DISABILITY
 ASSISTANCE, THE STATE OFFICE FOR THE AGING AND THE DEPARTMENT OR A LOCAL
 GOVERNMENT  UNIT  AS THAT TERM IS DEFINED IN SECTION 41.03 OF THE MENTAL
 HYGIENE LAW OR A SOCIAL SERVICES DISTRICT AS DEFINED IN  SECTION  SIXTY-
 ONE OF THE SOCIAL SERVICES LAW.
 S. 4007                            451                           A. 3007
 
   §  8411.  SPECIAL  PROVISIONS.  1.  THIS  SECTION  SHALL  APPLY TO ALL
 PROFESSIONS LICENSED PURSUANT TO THIS TITLE, UNLESS OTHERWISE PROVIDED.
   2.  ANY NONEXEMPT PERSON PRACTICING A PROFESSION TO BE LICENSED PURSU-
 ANT TO THIS TITLE SHALL APPLY FOR A LICENSE OF  SAID  PROFESSION  WITHIN
 ONE YEAR OF THE EFFECTIVE DATE OF THE SPECIFIED PROFESSION.
   A.  IF SUCH PERSON DOES NOT MEET THE REQUIREMENTS FOR A LICENSE ESTAB-
 LISHED WITHIN THIS TITLE, SUCH  PERSON  MAY  MEET  ALTERNATIVE  CRITERIA
 DETERMINED  BY  THE  DEPARTMENT TO BE THE SUBSTANTIAL EQUIVALENT OF SUCH
 CRITERIA.
   B. IF SUCH PERSON MEETS THE REQUIREMENTS  FOR  A  LICENSE  ESTABLISHED
 WITHIN  THIS  TITLE,  EXCEPT  FOR EXAMINATION, AND HAS BEEN CERTIFIED OR
 REGISTERED BY A NATIONAL CERTIFYING OR REGISTERING BODY  HAVING  CERTIF-
 ICATION  OR  REGISTRATION  STANDARDS ACCEPTABLE TO THE COMMISSIONER, THE
 DEPARTMENT SHALL LICENSE WITHOUT EXAMINATION.
   C. IF SUCH PERSON MEETS THE REQUIREMENTS  FOR  A  LICENSE  ESTABLISHED
 WITHIN  THIS TITLE, EXCEPT FOR EXAMINATION, AND THERE EXISTS NO NATIONAL
 CERTIFYING OR REGISTERING  BODY  HAVING  CERTIFICATION  OR  REGISTRATION
 STANDARDS  ACCEPTABLE  TO THE COMMISSIONER, THE DEPARTMENT SHALL LICENSE
 WITHOUT EXAMINATION IF THE APPLICANT SUBMITS  EVIDENCE  SATISFACTORY  TO
 THE  DEPARTMENT  OF HAVING BEEN ENGAGED IN THE PRACTICE OF THE SPECIFIED
 PROFESSION FOR AT LEAST FIVE OF THE IMMEDIATELY PRECEDING EIGHT YEARS.
   3. ANY PERSON LICENSED PURSUANT TO THIS TITLE MAY USE ACCEPTED CLASSI-
 FICATIONS OF SIGNS, SYMPTOMS, DYSFUNCTIONS AND DISORDERS, AS APPROVED IN
 ACCORDANCE WITH REGULATIONS PROMULGATED BY THE DEPARTMENT, IN THE  PRAC-
 TICE OF SUCH LICENSED PROFESSION.
   §  8412.  MANDATORY  CONTINUING  EDUCATION. 1. A. EACH LICENSED MENTAL
 HEALTH COUNSELOR, MARRIAGE  AND  FAMILY  THERAPIST,  PSYCHOANALYST,  AND
 CREATIVE ARTS THERAPIST REQUIRED UNDER THIS TITLE TO REGISTER TRIENNIAL-
 LY  WITH THE DEPARTMENT TO PRACTICE IN THIS STATE, SHALL COMPLY WITH THE
 PROVISIONS OF MANDATORY CONTINUING EDUCATION REQUIREMENTS PRESCRIBED  IN
 SUBDIVISION TWO OF THIS SECTION, EXCEPT AS SET FORTH IN PARAGRAPHS B AND
 C  OF THIS SUBDIVISION.  LICENSED MENTAL HEALTH COUNSELORS, MARRIAGE AND
 FAMILY THERAPISTS, PSYCHOANALYSTS, AND CREATIVE ARTS THERAPISTS  WHO  DO
 NOT  SATISFY  THE  MANDATORY CONTINUING EDUCATION REQUIREMENTS SHALL NOT
 PRACTICE UNTIL THEY HAVE MET  SUCH  REQUIREMENTS,  AND  THEY  HAVE  BEEN
 ISSUED  A REGISTRATION CERTIFICATE, EXCEPT THAT A LICENSED MENTAL HEALTH
 COUNSELOR, MARRIAGE AND FAMILY THERAPIST,  PSYCHOANALYST,  AND  CREATIVE
 ARTS  THERAPIST  MAY PRACTICE WITHOUT HAVING MET SUCH REQUIREMENTS IF HE
 OR SHE IS ISSUED A  CONDITIONAL  REGISTRATION  CERTIFICATE  PURSUANT  TO
 SUBDIVISION THREE OF THIS SECTION.
   B.  EACH  LICENSED MENTAL HEALTH COUNSELOR, MARRIAGE AND FAMILY THERA-
 PIST, PSYCHOANALYST, AND CREATIVE ARTS THERAPIST SHALL  BE  EXEMPT  FROM
 THE MANDATORY CONTINUING EDUCATION REQUIREMENTS FOR THE TRIENNIAL REGIS-
 TRATION  PERIOD DURING WHICH THEY ARE FIRST LICENSED. IN ACCORDANCE WITH
 THE INTENT OF THIS  SECTION,  ADJUSTMENT  TO  THE  MANDATORY  CONTINUING
 EDUCATION  REQUIREMENT  MAY  BE GRANTED BY THE DEPARTMENT FOR REASONS OF
 HEALTH THAT ARE CERTIFIED BY AN APPROPRIATE  HEALTH  CARE  PROFESSIONAL,
 FOR  EXTENDED ACTIVE DUTY WITH THE ARMED FORCES OF THE UNITED STATES, OR
 FOR OTHER GOOD CAUSE ACCEPTABLE TO  THE  DEPARTMENT  WHICH  MAY  PREVENT
 COMPLIANCE.
   C.  A LICENSED MENTAL HEALTH COUNSELOR, MARRIAGE AND FAMILY THERAPIST,
 PSYCHOANALYST, AND CREATIVE ARTS THERAPIST NOT ENGAGED IN  PRACTICE,  AS
 DETERMINED BY THE DEPARTMENT, SHALL BE EXEMPT FROM THE MANDATORY CONTIN-
 UING  EDUCATION  REQUIREMENT  UPON  THE  FILING  OF A STATEMENT WITH THE
 DEPARTMENT DECLARING SUCH STATUS. ANY LICENSEE WHO RETURNS TO THE  PRAC-
 TICE  OF  MENTAL HEALTH COUNSELING, MARRIAGE AND FAMILY THERAPY, PSYCHO-
 S. 4007                            452                           A. 3007
 
 ANALYSIS, AND CREATIVE ARTS THERAPY 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 AS A LICENSED MENTAL HEALTH COUNSELOR, MARRIAGE AND FAMILY THER-
 APIST, PSYCHOANALYST, AND CREATIVE ARTS THERAPIST SHALL COMPLETE A MINI-
 MUM OF THIRTY-SIX HOURS OF ACCEPTABLE  FORMAL  CONTINUING  EDUCATION,  A
 MAXIMUM  OF  TWELVE HOURS OF WHICH MAY BE SELF-INSTRUCTIONAL COURSE WORK
 ACCEPTABLE TO THE DEPARTMENT.  ANY  LICENSED  MENTAL  HEALTH  COUNSELOR,
 MARRIAGE  AND  FAMILY THERAPIST, PSYCHOANALYST, AND CREATIVE ARTS THERA-
 PIST WHOSE FIRST REGISTRATION DATE FOLLOWING THE EFFECTIVE DATE OF  THIS
 SECTION OCCURS LESS THAN THREE YEARS FROM SUCH EFFECTIVE DATE, BUT ON OR
 AFTER  JANUARY  FIRST, TWO THOUSAND SEVENTEEN, SHALL COMPLETE CONTINUING
 EDUCATION HOURS ON A PRORATED BASIS AT THE RATE OF ONE  HOUR  PER  MONTH
 FOR THE PERIOD BEGINNING JANUARY FIRST, TWO THOUSAND SEVENTEEN UP TO THE
 FIRST REGISTRATION DATE THEREAFTER. A LICENSEE WHO HAS NOT SATISFIED THE
 MANDATORY  CONTINUING EDUCATION REQUIREMENT 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 FOR IN SUBDIVISION THREE OF THIS SECTION.  CONTINUING EDUCATION
 HOURS TAKEN DURING ONE TRIENNIUM MAY NOT BE TRANSFERRED  TO  THE  SUBSE-
 QUENT TRIENNIUM.
   3.  A.  THE  DEPARTMENT,  IN  ITS  DISCRETION, MAY ISSUE A CONDITIONAL
 REGISTRATION 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 COMPLETE 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
 SUBMIT EVIDENCE, SATISFACTORY TO THE DEPARTMENT, OF REQUIRED  CONTINUING
 EDUCATION  AND WHO PRACTICES WITHOUT SUCH REGISTRATION MAY BE SUBJECT TO
 DISCIPLINARY PROCEEDINGS PURSUANT TO SECTION SIXTY-FIVE HUNDRED  TEN  OF
 THIS ARTICLE.
   B.  FOR  PURPOSES  OF THIS SECTION "ACCEPTABLE FORMAL EDUCATION" SHALL
 MEAN FORMAL COURSES OF LEARNING WHICH CONTRIBUTE TO  PROFESSIONAL  PRAC-
 TICE  IN  MENTAL HEALTH COUNSELING, MARRIAGE AND FAMILY THERAPY, PSYCHO-
 ANALYSIS, OR CREATIVE  ARTS  THERAPIES  AND  WHICH  MEET  THE  STANDARDS
 PRESCRIBED  BY  REGULATIONS  OF THE COMMISSIONER. SUCH FORMAL COURSES OF
 LEARNING SHALL INCLUDE, BUT NOT BE LIMITED TO, COLLEGIATE  LEVEL  CREDIT
 AND  NON-CREDIT COURSES, PROFESSIONAL DEVELOPMENT PROGRAMS AND TECHNICAL
 SESSIONS OFFERED BY NATIONAL, STATE AND LOCAL PROFESSIONAL  ASSOCIATIONS
 AND  OTHER  ORGANIZATIONS  ACCEPTABLE  TO  THE DEPARTMENT, AND ANY OTHER
 ORGANIZED EDUCATIONAL AND TECHNICAL PROGRAMS ACCEPTABLE TO  THE  DEPART-
 MENT. 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 COURSES IN
 SPECIFIC  SUBJECTS  TO  FULFILL  THIS  MANDATORY  CONTINUING   EDUCATION
 REQUIREMENT.  LICENSED  MENTAL  HEALTH  COUNSELORS,  MARRIAGE AND FAMILY
 THERAPISTS, PSYCHOANALYSTS, AND CREATIVE ARTS THERAPISTS SHALL  MAINTAIN
 ADEQUATE  DOCUMENTATION  OF  COMPLETION  OF ACCEPTABLE FORMAL CONTINUING
 EDUCATION AND SHALL PROVIDE SUCH DOCUMENTATION AT  THE  REQUEST  OF  THE
 S. 4007                            453                           A. 3007
 
 DEPARTMENT.  FAILURE  TO  PROVIDE SUCH DOCUMENTATION UPON THE REQUEST OF
 THE DEPARTMENT SHALL BE AN ACT OF  MISCONDUCT  SUBJECT  TO  DISCIPLINARY
 PROCEEDINGS PURSUANT TO SECTION SIXTY-FIVE HUNDRED TEN OF THIS ARTICLE.
   C.  THE  MANDATORY CONTINUING EDUCATION FEE SHALL BE DETERMINED BY THE
 DEPARTMENT. SUCH FEE SHALL BE PAYABLE ON OR BEFORE THE FIRST DAY OF EACH
 TRIENNIAL REGISTRATION PERIOD, AND SHALL BE  PAID  IN  ADDITION  TO  THE
 TRIENNIAL REGISTRATION FEES REQUIRED BY PARAGRAPH G OF SUBDIVISION THREE
 OF  SECTION  EIGHTY-FOUR  HUNDRED  TWO  OF THIS TITLE AND PARAGRAPH G OF
 SUBDIVISION THREE OF SECTION EIGHTY-FOUR HUNDRED FIVE OF THIS TITLE.
 
                                 TITLE 26
        RESPIRATORY THERAPISTS AND RESPIRATORY THERAPY TECHNICIANS
 SECTION 8500.   INTRODUCTION.
         8501.   DEFINITION OF THE PRACTICE OF RESPIRATORY THERAPY.
         8502.   PRACTICE OF RESPIRATORY THERAPY AND  USE  OF  THE  TITLE
                   "RESPIRATORY THERAPIST".
         8503.   STATE BOARD FOR RESPIRATORY THERAPY.
         8504.   REQUIREMENTS FOR LICENSURE AS A RESPIRATORY THERAPIST.
         8504-A. MANDATORY  CONTINUING  EDUCATION  FOR RESPIRATORY THERA-
                   PISTS.
         8505.   EXEMPT PERSONS.
         8506.   LIMITED PERMITS.
         8507.   SPECIAL PROVISIONS.
         8508.   DEFINITION OF THE PRACTICE OF RESPIRATORY THERAPY  TECH-
                   NICIAN.
         8509.   DUTIES OF RESPIRATORY THERAPY TECHNICIANS AND USE OF THE
                   TITLE "RESPIRATORY THERAPY TECHNICIAN".
         8510.   REQUIREMENTS  FOR  LICENSURE  AS  A  RESPIRATORY THERAPY
                   TECHNICIAN.
         8510-A. MANDATORY CONTINUING EDUCATION FOR  RESPIRATORY  THERAPY
                   TECHNICIANS.
         8511.   LIMITED PERMITS.
         8512.   EXEMPT PERSONS.
         8513.   SPECIAL PROVISIONS.
   §  8500.  INTRODUCTION.  THIS TITLE APPLIES TO THE PRACTICE OF RESPIR-
 ATORY THERAPY AND PROVIDES FOR THE LICENSING OF  RESPIRATORY  THERAPISTS
 AND  RESPIRATORY  THERAPY  TECHNICIANS.  THE  GENERAL PROVISIONS FOR ALL
 PROFESSIONS CONTAINED IN TITLE ONE OF THIS ARTICLE SHALL APPLY  TO  THIS
 TITLE.
   §  8501.  DEFINITION OF THE PRACTICE OF RESPIRATORY THERAPY. THE PRAC-
 TICE OF THE PROFESSION OF RESPIRATORY THERAPY, WHICH SHALL BE UNDERTAKEN
 PURSUANT TO THE DIRECTION OF A DULY LICENSED PHYSICIAN,  IS  DEFINED  AS
 THE  PERFORMANCE  OF  CARDIOPULMONARY  EVALUATION,  RESPIRATORY  THERAPY
 TREATMENT TECHNIQUES, AND EDUCATION OF THE PATIENT, FAMILY AND PUBLIC.
   1. EVALUATION SHALL INCLUDE THE ACQUISITION, ANALYSIS AND  INTERPRETA-
 TION  OF DATA OBTAINED FROM PHYSIOLOGICAL SPECIMENS, PERFORMING DIAGNOS-
 TIC TESTS, STUDIES AND RESEARCH OF THE CARDIOPULMONARY SYSTEM AND NEURO-
 PHYSIOLOGICAL STUDIES RELATED TO RESPIRATORY CARE.
   2. THERAPY SHALL INCLUDE THE APPLICATION  AND  MONITORING  OF  MEDICAL
 GASES  (EXCLUDING  ANESTHETIC  GASES) AND ENVIRONMENTAL CONTROL SYSTEMS,
 MECHANICAL VENTILATORY SUPPORT, ARTIFICIAL AIRWAY CARE, BRONCHOPULMONARY
 HYGIENE, PHARMACOLOGIC AGENTS RELATED TO  RESPIRATORY  CARE  PROCEDURES,
 AND  CARDIOPULMONARY  REHABILITATION  RELATED AND LIMITED TO RESPIRATORY
 CARE.
   3. RESPIRATORY  THERAPY  SERVICES  MAY  BE  PERFORMED  PURSUANT  TO  A
 PRESCRIPTION OF A LICENSED PHYSICIAN OR CERTIFIED NURSE PRACTITIONER.
 S. 4007                            454                           A. 3007
 
   §  8502. PRACTICE OF RESPIRATORY THERAPY AND USE OF THE TITLE "RESPIR-
 ATORY THERAPIST". 1. ONLY A PERSON LICENSED OR EXEMPT UNDER  THIS  TITLE
 SHALL  PRACTICE RESPIRATORY THERAPY OR USE THE TITLE "RESPIRATORY THERA-
 PIST".
   2.  A LICENSED RESPIRATORY THERAPIST MAY SUPERVISE RESPIRATORY THERAPY
 TECHNICIANS IN THE PRACTICE OF THEIR PROFESSION IN  SUCH  CAPACITIES  AS
 ARE PRESCRIBED BY LAW AND AS FROM TIME TO TIME MAY BE SET BY THE COMMIS-
 SIONER.
   § 8503. STATE BOARD FOR RESPIRATORY THERAPY. A STATE BOARD FOR RESPIR-
 ATORY  THERAPY  SHALL  BE APPOINTED BY THE RECOMMENDATION OF THE COMMIS-
 SIONER FOR THE PURPOSE OF ASSISTING THE DEPARTMENT ON MATTERS OF PROFES-
 SIONAL LICENSING AND  CONDUCT  IN  ACCORDANCE  WITH  SECTION  SIXTY-FIVE
 HUNDRED  EIGHT  OF THIS ARTICLE. THE BOARD SHALL BE COMPOSED OF NOT LESS
 THAN FIVE LICENSED  RESPIRATORY  THERAPISTS,  TWO  LICENSED  RESPIRATORY
 THERAPY  TECHNICIANS,  AND  FOUR ADDITIONAL MEMBERS WHO SHALL INCLUDE AT
 LEAST ONE LICENSED PHYSICIAN AND AT LEAST ONE PUBLIC MEMBER. MEMBERS  OF
 THE  FIRST  BOARD  WHO ARE RESPIRATORY THERAPY PRACTITIONERS NEED NOT BE
 LICENSED PRIOR TO APPOINTMENT ON THE BOARD, PROVIDED, HOWEVER, THAT  THE
 FIRST APPOINTED RESPIRATORY THERAPISTS SHALL BE REGISTERED BY A NATIONAL
 CERTIFYING  OR  ACCREDITING  BOARD, ACCEPTABLE TO THE DEPARTMENT AND THE
 FIRST APPOINTED RESPIRATORY THERAPY TECHNICIANS SHALL BE CERTIFIED BY  A
 NATIONAL  CERTIFYING OR ACCREDITING BOARD, ACCEPTABLE TO THE DEPARTMENT.
 AN EXECUTIVE SECRETARY TO THE BOARD SHALL BE APPOINTED  BY  THE  COMMIS-
 SIONER.
   §  8504.  REQUIREMENTS  FOR  LICENSURE  AS A RESPIRATORY THERAPIST. TO
 QUALIFY FOR A LICENSE AS A RESPIRATORY  THERAPIST,  AN  APPLICANT  SHALL
 FULFILL THE FOLLOWING REQUIREMENTS:
   1. APPLICATION: FILE AN APPLICATION WITH THE DEPARTMENT;
   2.  EDUCATION:  HAVE RECEIVED AN EDUCATION, INCLUDING COMPLETION OF AN
 APPROVED ASSOCIATE DEGREE PROGRAM IN RESPIRATORY THERAPY OR IN A PROGRAM
 DETERMINED BY THE DEPARTMENT TO BE THE EQUIVALENT;
   3. EXPERIENCE: HAVE  EXPERIENCE  SATISFACTORY  TO  THE  BOARD  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 EIGHTEEN YEARS OF AGE;
   6. CHARACTER: BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE  DEPART-
 MENT; AND
   7.  FEES: PAY A FEE OF ONE HUNDRED SEVENTY-FIVE DOLLARS TO THE DEPART-
 MENT FOR ADMISSION TO A DEPARTMENT  CONDUCTED  EXAMINATION  AND  FOR  AN
 INITIAL LICENSE; A FEE OF EIGHTY-FIVE DOLLARS FOR EACH RE-EXAMINATION; A
 FEE  OF  ONE  HUNDRED FIFTEEN DOLLARS FOR AN INITIAL LICENSE FOR PERSONS
 NOT REQUIRING ADMISSION TO A DEPARTMENT CONDUCTED EXAMINATION AND A  FEE
 OF ONE HUNDRED FIFTY-FIVE DOLLARS FOR EACH TRIENNIAL REGISTRATION PERIOD
 COMMENCING ON AND AFTER JUNE FIRST, NINETEEN HUNDRED NINETY-THREE.
   §  8504-A.  MANDATORY CONTINUING EDUCATION FOR RESPIRATORY THERAPISTS.
 1.  A. EACH LICENSED RESPIRATORY THERAPIST REQUIRED UNDER THIS TITLE  TO
 REGISTER  TRIENNIALLY WITH THE DEPARTMENT TO PRACTICE IN THE STATE SHALL
 COMPLY WITH PROVISIONS OF THE MANDATORY  CONTINUING  EDUCATION  REQUIRE-
 MENTS  PRESCRIBED IN SUBDIVISION TWO OF THIS SECTION EXCEPT AS SET FORTH
 IN PARAGRAPHS B AND C OF THIS SUBDIVISION. RESPIRATORY THERAPISTS WHO DO
 NOT SATISFY THE MANDATORY CONTINUING  EDUCATION  REQUIREMENT  SHALL  NOT
 PRACTICE  UNTIL  THEY HAVE MET SUCH REQUIREMENTS, AND HAVE BEEN ISSUED A
 REGISTRATION CERTIFICATE, EXCEPT THAT A RESPIRATORY THERAPIST MAY  PRAC-
 TICE  WITHOUT  HAVING  MET  SUCH  REQUIREMENTS  IF HE OR SHE IS ISSUED A
 S. 4007                            455                           A. 3007
 
 CONDITIONAL REGISTRATION CERTIFICATE PURSUANT TO  SUBDIVISION  THREE  OF
 THIS SECTION.
   B.  RESPIRATORY THERAPISTS SHALL BE EXEMPT FROM THE MANDATORY CONTINU-
 ING EDUCATION REQUIREMENT FOR THE TRIENNIAL REGISTRATION  PERIOD  DURING
 WHICH  THEY  ARE  FIRST  LICENSED.  IN  ACCORD  WITH  THE INTENT OF THIS
 SECTION, ADJUSTMENT TO THE MANDATORY  CONTINUING  EDUCATION  REQUIREMENT
 MAY  BE GRANTED BY THE DEPARTMENT FOR REASONS OF HEALTH, CERTIFIED BY AN
 APPROPRIATE HEALTH CARE PROFESSIONAL, FOR EXTENDED ACTIVE DUTY WITH  THE
 ARMED FORCES OF THE UNITED STATES, OR FOR OTHER GOOD CAUSE ACCEPTABLE TO
 THE DEPARTMENT WHICH MAY PREVENT COMPLIANCE.
   C.  A LICENSED RESPIRATORY THERAPIST NOT ENGAGED IN PRACTICE AS DETER-
 MINED BY THE DEPARTMENT, SHALL BE EXEMPT FROM THE  MANDATORY  CONTINUING
 EDUCATION REQUIREMENT UPON THE FILING OF A STATEMENT WITH THE DEPARTMENT
 DECLARING  SUCH  STATUS.  ANY  LICENSEE  WHO RETURNS TO THEIR RESPECTIVE
 PRACTICE AS A RESPIRATORY THERAPIST 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 AS A RESPIRATORY THERAPIST SHALL COMPLETE A  MINIMUM  OF  THIRTY
 HOURS  OF ACCEPTABLE FORMAL CONTINUING EDUCATION, AS SPECIFIED IN SUBDI-
 VISION FOUR OF THIS SECTION, PROVIDED THAT NO MORE THAN FIFTEEN HOURS OF
 SUCH CONTINUING EDUCATION  SHALL  CONSIST  OF  SELF-STUDY  COURSES.  ANY
 RESPIRATORY THERAPIST WHOSE FIRST REGISTRATION DATE FOLLOWING THE EFFEC-
 TIVE  DATE OF THIS SECTION OCCURS LESS THAN THREE YEARS FROM SUCH EFFEC-
 TIVE DATE, BUT ON OR  AFTER  JANUARY  FIRST,  TWO  THOUSAND  ONE,  SHALL
 COMPLETE  CONTINUING  EDUCATION HOURS ON A PRORATED BASIS AT THE RATE OF
 FIVE-SIXTHS OF ONE HOUR PER  MONTH  FOR  THE  PERIOD  BEGINNING  JANUARY
 FIRST,  TWO  THOUSAND  UP  TO  THE FIRST REGISTRATION DATE THEREAFTER. A
 LICENSEE WHO  HAS  NOT  SATISFIED  THE  MANDATORY  CONTINUING  EDUCATION
 REQUIREMENTS SHALL NOT BE ISSUED A TRIENNIAL REGISTRATION CERTIFICATE BY
 THE  DEPARTMENT  AND  SHALL  NOT PRACTICE UNLESS AND UNTIL A CONDITIONAL
 REGISTRATION CERTIFICATE IS ISSUED AS PROVIDED FOR IN SUBDIVISION  THREE
 OF  THIS  SECTION.  WITH  THE  EXCEPTION  OF  CONTINUING EDUCATION HOURS
 COMPLETED DURING  THE  REGISTRATION  PERIOD  IMMEDIATELY  PRECEDING  THE
 EFFECTIVE  DATE  OF  THIS  SECTION, CONTINUING EDUCATION HOURS COMPLETED
 DURING ONE TRIENNIUM MAY NOT BE 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 COMPLETE 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
 SUBMIT  EVIDENCE, SATISFACTORY TO THE DEPARTMENT, OF REQUIRED CONTINUING
 EDUCATION AND WHO PRACTICES AS  A  RESPIRATORY  THERAPIST  WITHOUT  SUCH
 REGISTRATION,  MAY  BE  SUBJECT  TO DISCIPLINARY PROCEEDINGS PURSUANT TO
 SECTION SIXTY-FIVE HUNDRED TEN OF THIS ARTICLE.
   4. AS USED IN SUBDIVISION TWO  OF  THIS  SECTION,  "ACCEPTABLE  FORMAL
 CONTINUING  EDUCATION" FOR RESPIRATORY THERAPY SHALL MEAN FORMAL COURSES
 OF LEARNING WHICH CONTRIBUTE TO  PROFESSIONAL  PRACTICE  IN  RESPIRATORY
 THERAPY  AND  WHICH  MEET THE STANDARDS PRESCRIBED BY REGULATIONS OF THE
 COMMISSIONER. THE DEPARTMENT MAY, IN ITS DISCRETION  AND  AS  NEEDED  TO
 S. 4007                            456                           A. 3007
 
 CONTRIBUTE  TO  THE  HEALTH  AND  WELFARE  OF  THE  PUBLIC,  REQUIRE THE
 COMPLETION OF CONTINUING EDUCATION COURSES IN SPECIFIC SUBJECTS.
   5.  RESPIRATORY  THERAPISTS  SHALL  MAINTAIN ADEQUATE DOCUMENTATION OF
 COMPLETION OF ACCEPTABLE FORMAL CONTINUING EDUCATION AND  SHALL  PROVIDE
 SUCH DOCUMENTATION AT THE REQUEST OF THE DEPARTMENT.
   6.  THE  MANDATORY CONTINUING EDUCATION FEE FOR RESPIRATORY THERAPISTS
 SHALL BE THIRTY DOLLARS, SHALL BE PAYABLE ON OR BEFORE THE FIRST DAY  OF
 EACH TRIENNIAL REGISTRATION PERIOD, AND SHALL BE PAID IN ADDITION TO THE
 TRIENNIAL  REGISTRATION FEE REQUIRED BY SECTION EIGHTY-FIVE HUNDRED FOUR
 OF THIS TITLE.
   § 8505. EXEMPT PERSONS. THIS TITLE SHALL NOT PROHIBIT:
   1. THE PRACTICE OF RESPIRATORY  THERAPY  AS  AN  INTEGRAL  PART  OF  A
 PROGRAM  OF  STUDY  BY STUDENTS ENROLLED IN APPROVED RESPIRATORY THERAPY
 EDUCATION PROGRAMS;
   2. THE PERFORMANCE OF ANY OF THE MODALITIES INCLUDED IN THE DEFINITION
 OF RESPIRATORY THERAPY BY ANY OTHER DULY LICENSED, CERTIFIED  OR  REGIS-
 TERED HEALTH CARE PROVIDER, PROVIDED THAT SUCH MODALITIES ARE WITHIN THE
 SCOPE OF HIS OR HER PRACTICE;
   3. UNLICENSED ASSISTANTS FROM BEING EMPLOYED IN A HOSPITAL, AS DEFINED
 IN  ARTICLE  TWENTY-EIGHT  OF  THIS CHAPTER, FOR PURPOSES OTHER THAN THE
 PRACTICE OF RESPIRATORY THERAPY;
   4. THE PRACTICE  OF  RESPIRATORY  THERAPY  BY  ANY  LEGALLY  QUALIFIED
 RESPIRATORY  THERAPY PRACTITIONER OF ANY OTHER STATE OR TERRITORY WHO IS
 SERVING IN THE ARMED FORCES OR THE PUBLIC HEALTH SERVICE OF  THE  UNITED
 STATES OR WHO IS EMPLOYED BY THE VETERANS' ADMINISTRATION, WHILE ENGAGED
 IN THE PERFORMANCE OF HIS OR HER DUTIES.
   5.  THE  PROVISION OF POLYSOMNOGRAPHIC TECHNOLOGY SERVICES, AS DEFINED
 BY THE COMMISSIONER, BY AN INDIVIDUAL, UNDER THE  DIRECTION  AND  SUPER-
 VISION OF A LICENSED PHYSICIAN, WHO HAS OBTAINED AUTHORIZATION ISSUED BY
 THE  DEPARTMENT.   SUCH AUTHORIZATION SHALL BE ISSUED TO INDIVIDUALS WHO
 HAVE MET STANDARDS, INCLUDING THOSE RELATING TO  EDUCATION,  EXPERIENCE,
 EXAMINATION  AND CHARACTER, AS PROMULGATED IN REGULATIONS OF THE COMMIS-
 SIONER. SUCH AUTHORIZATION SHALL BE SUBJECT TO THE FULL DISCIPLINARY AND
 REGULATORY AUTHORITY OF THE DEPARTMENT, PURSUANT TO THIS  TITLE,  AS  IF
 SUCH  AUTHORIZATION WERE A PROFESSIONAL LICENSE ISSUED UNDER THIS TITLE.
 THE APPLICATION FEE  FOR  SUCH  AUTHORIZATION  SHALL  BE  THREE  HUNDRED
 DOLLARS.  EACH  AUTHORIZATION  HOLDER SHALL REGISTER WITH THE DEPARTMENT
 EVERY THREE YEARS AND SHALL PAY A  REGISTRATION  FEE  OF  THREE  HUNDRED
 DOLLARS.
   §  8506.  LIMITED PERMITS. PERMITS LIMITED AS TO ELIGIBILITY, PRACTICE
 AND DURATION SHALL BE ISSUED BY THE DEPARTMENT TO ELIGIBLE APPLICANTS AS
 FOLLOWS:
   1. ELIGIBILITY. A PERSON WHO FULFILLS ALL REQUIREMENTS  FOR  REGISTRA-
 TION  AS A RESPIRATORY THERAPIST EXCEPT THAT RELATING TO THE EXAMINATION
 SHALL BE ELIGIBLE FOR A LIMITED PERMIT.
   2. LIMIT OF PRACTICE. ALL PRACTICE UNDER A  LIMITED  PERMIT  SHALL  BE
 UNDER  THE DIRECT SUPERVISION OF A LICENSED RESPIRATORY THERAPIST PHYSI-
 CIAN SPECIALIZING IN  PULMONARY  MEDICINE,  AN  ANESTHESIOLOGIST  OR  AN
 OTHERWISE LEGALLY AUTHORIZED PHYSICIAN.
   3.  DURATION.  A LIMITED PERMIT SHALL EXPIRE ONE YEAR FROM THE DATE OF
 ISSUANCE OR UPON NOTICE TO THE PERMITTEE  BY  THE  DEPARTMENT  THAT  THE
 APPLICATION  FOR  LICENSURE HAS BEEN DENIED, OR TEN DAYS AFTER NOTIFICA-
 TION TO THE PERMITTEE OF FAILURE ON THE PROFESSIONAL LICENSING  EXAMINA-
 TION,  WHICHEVER  FIRST OCCURS; PROVIDED, HOWEVER, THAT IF THE PERMITTEE
 IS AWAITING THE RESULTS OF A LICENSING  EXAMINATION  AT  THE  TIME  SUCH
 LIMITED PERMIT EXPIRES, SUCH PERMIT SHALL CONTINUE TO BE VALID UNTIL TEN
 S. 4007                            457                           A. 3007
 
 DAYS  AFTER NOTIFICATION TO THE PERMITTEE OF THE RESULT OF SUCH EXAMINA-
 TION.
   4. FEES. THE FEE FOR EACH LIMITED PERMIT SHALL BE SEVENTY DOLLARS.
   §  8507.  SPECIAL PROVISIONS. A PERSON SHALL BE LICENSED WITHOUT EXAM-
 INATION PROVIDED THAT, WITHIN ONE YEAR OF THE  EFFECTIVE  DATE  OF  THIS
 TITLE, THE INDIVIDUAL:
   1.  FILES  AN APPLICATION AND PAYS THE APPROPRIATE FEES TO THE DEPART-
 MENT; AND
   2. (A) IS REGISTERED BY A NATIONAL CERTIFYING OR ACCREDITING BOARD FOR
 RESPIRATORY THERAPY ACCEPTABLE TO THE DEPARTMENT, OR
   (B) HAS PRACTICED RESPIRATORY THERAPY IN A  HOSPITAL,  AS  DEFINED  IN
 ARTICLE  TWENTY-EIGHT  OF  THIS  CHAPTER, IN THE STATE FOR NOT LESS THAN
 THREE YEARS WITHIN THE LAST FIVE YEARS PRIOR TO THE  EFFECTIVE  DATE  OF
 THIS TITLE, OR
   (C)  HAS  MET  THE  EDUCATIONAL STANDARDS OF A HOSPITAL, AS DEFINED IN
 ARTICLE TWENTY-EIGHT OF THIS CHAPTER, OR, IN  THE  CASE  OF  A  HOSPITAL
 OPERATED BY A PUBLIC BENEFIT CORPORATION, HAS MET THE EDUCATIONAL STAND-
 ARDS  OF  SUCH CORPORATION, AND HAS PRACTICED AS A RESPIRATORY THERAPIST
 FOR AT LEAST ONE YEAR IN SUCH HOSPITAL.
   § 8508. DEFINITION OF THE PRACTICE OF RESPIRATORY THERAPY  TECHNICIAN.
 A  RESPIRATORY  THERAPY TECHNICIAN MEANS A PERSON LICENSED IN ACCORDANCE
 WITH THIS TITLE WHO WORKS UNDER THE SUPERVISION OF  A  LICENSED  RESPIR-
 ATORY  THERAPIST OR A LICENSED OR OTHERWISE LEGALLY AUTHORIZED PHYSICIAN
 PERFORMING TASKS AND RESPONSIBILITIES WITHIN THE FRAMEWORK OF THE  PRAC-
 TICE OF RESPIRATORY THERAPY.
   § 8509. DUTIES OF RESPIRATORY THERAPY TECHNICIANS AND USE OF THE TITLE
 "RESPIRATORY  THERAPY  TECHNICIAN".  ONLY A PERSON LICENSED OR OTHERWISE
 AUTHORIZED UNDER THIS TITLE SHALL PARTICIPATE IN THE PRACTICE OF RESPIR-
 ATORY THERAPY AS A RESPIRATORY THERAPY  TECHNICIAN  AND  ONLY  A  PERSON
 LICENSED UNDER THIS TITLE SHALL USE THE TITLE "RESPIRATORY THERAPY TECH-
 NICIAN".
   §  8510.  REQUIREMENTS  FOR LICENSURE AS A RESPIRATORY THERAPY TECHNI-
 CIAN.  TO QUALIFY FOR A LICENSE AS A RESPIRATORY THERAPY  TECHNICIAN  AN
 APPLICANT SHALL FULFILL THE FOLLOWING REQUIREMENTS:
   1. APPLICATION: FILE AN APPLICATION WITH THE DEPARTMENT;
   2.  EDUCATION: HAVE RECEIVED AN EDUCATION INCLUDING COMPLETION OF HIGH
 SCHOOL OR ITS EQUIVALENT AND HAVE COMPLETED AN APPROVED ONE-YEAR CERTIF-
 ICATE RESPIRATORY THERAPY EDUCATION PROGRAM,  OR  A  PROGRAM  DETERMINED
 EQUIVALENT, IN ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS;
   3.  EXPERIENCE:  HAVE  EXPERIENCE  SATISFACTORY  TO  THE  BOARD 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 EIGHTEEN YEARS OF AGE;
   6.  CHARACTER: BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE DEPART-
 MENT; AND
   7. FEES: PAY A FEE OF NINETY DOLLARS TO THE DEPARTMENT  FOR  ADMISSION
 TO  A DEPARTMENT CONDUCTED EXAMINATION AND FOR AN INITIAL LICENSE; A FEE
 OF SIXTY DOLLARS FOR EACH RE-EXAMINATION; A FEE OF FIFTY DOLLARS FOR  AN
 INITIAL  LICENSE  FOR  PERSONS  NOT  REQUIRING ADMISSION TO A DEPARTMENT
 CONDUCTED EXAMINATION AND A FEE OF NINETY  DOLLARS  FOR  EACH  TRIENNIAL
 REGISTRATION PERIOD COMMENCING ON AND AFTER JUNE FIRST, NINETEEN HUNDRED
 NINETY-THREE.
   § 8510-A. MANDATORY CONTINUING EDUCATION FOR RESPIRATORY THERAPY TECH-
 NICIANS.  1.  A.  EACH  LICENSED RESPIRATORY THERAPY TECHNICIAN REQUIRED
 UNDER THIS TITLE TO REGISTER TRIENNIALLY WITH THE DEPARTMENT TO PRACTICE
 S. 4007                            458                           A. 3007
 
 IN THE STATE SHALL COMPLY WITH PROVISIONS OF  THE  MANDATORY  CONTINUING
 EDUCATION  REQUIREMENTS  PRESCRIBED  IN  SUBDIVISION TWO OF THIS SECTION
 EXCEPT AS SET FORTH IN PARAGRAPHS B AND C OF THIS  SUBDIVISION.  RESPIR-
 ATORY  THERAPY  TECHNICIANS  WHO DO NOT SATISFY THE MANDATORY CONTINUING
 EDUCATION REQUIREMENT SHALL  NOT  PRACTICE  UNTIL  THEY  HAVE  MET  SUCH
 REQUIREMENTS,  AND  HAVE  BEEN ISSUED A REGISTRATION CERTIFICATE, EXCEPT
 THAT A RESPIRATORY THERAPY TECHNICIAN MAY PRACTICE  WITHOUT  HAVING  MET
 SUCH  REQUIREMENTS  IF  HE  OR  SHE IS ISSUED A CONDITIONAL REGISTRATION
 CERTIFICATE PURSUANT TO SUBDIVISION THREE OF THIS SECTION.
   B. RESPIRATORY THERAPY TECHNICIANS 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,  ADJUSTMENT  TO  THE MANDATORY CONTINUING EDUCATION REQUIREMENT
 MAY BE GRANTED BY THE DEPARTMENT FOR REASONS OF HEALTH, CERTIFIED BY  AN
 APPROPRIATE  HEALTH CARE PROFESSIONAL, FOR EXTENDED ACTIVE DUTY WITH THE
 ARMED FORCES OF THE UNITED STATES, OR FOR OTHER GOOD CAUSE ACCEPTABLE TO
 THE DEPARTMENT WHICH MAY PREVENT COMPLIANCE.
   C. A LICENSED RESPIRATORY THERAPY TECHNICIAN NOT ENGAGED  IN  PRACTICE
 AS  DETERMINED  BY  THE  DEPARTMENT,  SHALL BE EXEMPT FROM THE MANDATORY
 CONTINUING EDUCATION REQUIREMENT UPON THE FILING OF A STATEMENT WITH THE
 DEPARTMENT DECLARING SUCH STATUS. ANY  LICENSEE  WHO  RETURNS  TO  THEIR
 RESPECTIVE  PRACTICE  AS  A  RESPIRATORY  THERAPY  TECHNICIAN DURING THE
 TRIENNIAL REGISTRATION PERIOD SHALL NOTIFY THE DEPARTMENT PRIOR TO REEN-
 TERING THE PROFESSION AND SHALL MEET SUCH MANDATORY  EDUCATION  REQUIRE-
 MENTS AS SHALL BE PRESCRIBED BY REGULATIONS OF THE COMMISSIONER.
   2.  DURING  EACH TRIENNIAL REGISTRATION PERIOD AN APPLICANT FOR REGIS-
 TRATION AS A RESPIRATORY THERAPY TECHNICIAN SHALL COMPLETE A MINIMUM  OF
 TWENTY-FOUR  HOURS  OF ACCEPTABLE FORMAL CONTINUING EDUCATION, AS SPECI-
 FIED IN SUBDIVISION FOUR OF THIS SECTION, PROVIDED  THAT  NO  MORE  THAN
 TWELVE  HOURS  OF  SUCH CONTINUING EDUCATION SHALL CONSIST OF SELF-STUDY
 COURSES. ANY RESPIRATORY THERAPY  TECHNICIAN  WHOSE  FIRST  REGISTRATION
 DATE FOLLOWING THE EFFECTIVE DATE OF THIS SECTION OCCURS LESS THAN THREE
 YEARS FROM SUCH EFFECTIVE DATE, BUT ON OR AFTER JANUARY FIRST, TWO THOU-
 SAND  ONE, SHALL COMPLETE CONTINUING EDUCATION HOURS ON A PRORATED BASIS
 AT THE RATE OF TWO-THIRDS OF ONE HOUR PER MONTH FOR THE PERIOD BEGINNING
 JANUARY FIRST, TWO THOUSAND UP TO THE FIRST REGISTRATION DATE  THEREAFT-
 ER.  A LICENSEE WHO HAS NOT SATISFIED THE MANDATORY CONTINUING EDUCATION
 REQUIREMENTS SHALL NOT BE ISSUED A TRIENNIAL REGISTRATION CERTIFICATE BY
 THE DEPARTMENT AND SHALL NOT PRACTICE UNLESS  AND  UNTIL  A  CONDITIONAL
 REGISTRATION  CERTIFICATE IS ISSUED AS PROVIDED FOR IN SUBDIVISION THREE
 OF THIS SECTION. WITH THE EXCEPTION OF CONTINUING EDUCATION HOURS  TAKEN
 DURING  THE REGISTRATION PERIOD IMMEDIATELY PRECEDING THE EFFECTIVE DATE
 OF THIS SECTION, CONTINUING EDUCATION HOURS COMPLETED DURING ONE  TRIEN-
 NIUM MAY NOT BE 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 COMPLETE 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
 SUBMIT EVIDENCE, SATISFACTORY TO THE DEPARTMENT, OF REQUIRED  CONTINUING
 EDUCATION  AND WHO PRACTICES AS A RESPIRATORY THERAPY TECHNICIAN WITHOUT
 S. 4007                            459                           A. 3007
 
 SUCH REGISTRATION, MAY BE SUBJECT TO THE DISCIPLINARY PROCEEDINGS PURSU-
 ANT TO SECTION SIXTY-FIVE HUNDRED TEN OF THIS ARTICLE.
   4.  AS  USED  IN  SUBDIVISION  TWO OF THIS SECTION, "ACCEPTABLE FORMAL
 CONTINUING EDUCATION" FOR RESPIRATORY  THERAPY  TECHNICIANS  SHALL  MEAN
 FORMAL  COURSES OF LEARNING WHICH CONTRIBUTE TO PROFESSIONAL PRACTICE AS
 A RESPIRATORY THERAPY TECHNICIAN AND WHICH MEET THE STANDARDS PRESCRIBED
 BY  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  COURSES  IN
 SPECIFIC SUBJECTS.
   5.  RESPIRATORY THERAPY TECHNICIANS SHALL MAINTAIN ADEQUATE DOCUMENTA-
 TION OF COMPLETION OF ACCEPTABLE FORMAL CONTINUING EDUCATION  AND  SHALL
 PROVIDE SUCH DOCUMENTATION AT THE REQUEST OF THE DEPARTMENT.
   6.  THE  MANDATORY  CONTINUING  EDUCATION  FEE FOR RESPIRATORY THERAPY
 TECHNICIANS SHALL BE TWENTY-FIVE DOLLARS, SHALL BE PAYABLE ON OR  BEFORE
 THE  FIRST  DAY OF EACH TRIENNIAL REGISTRATION PERIOD, AND SHALL BE PAID
 IN ADDITION TO THE TRIENNIAL REGISTRATION FEE REQUIRED BY SECTION EIGHT-
 Y-FIVE HUNDRED TEN OF THIS TITLE.
   § 8511. LIMITED PERMITS. 1. ELIGIBILITY. THE DEPARTMENT  MAY  ISSUE  A
 LIMITED  PERMIT  TO  AN APPLICANT FOR RESPIRATORY THERAPY TECHNICIAN WHO
 MEETS ALL REQUIREMENTS FOR ADMISSION TO THE LICENSING EXAMINATION.
   2. LIMIT OF PRACTICE. ALL PRACTICE UNDER A  LIMITED  PERMIT  SHALL  BE
 UNDER  THE  DIRECT  SUPERVISION OF A LICENSED RESPIRATORY THERAPIST OR A
 LICENSED OR OTHERWISE LEGALLY AUTHORIZED PHYSICIAN.
   3. DURATION. A LIMITED PERMIT SHALL EXPIRE ONE YEAR FROM THE  DATE  OF
 ISSUANCE  OR  UPON  NOTICE  TO  THE PERMITTEE BY THE DEPARTMENT THAT THE
 APPLICATION FOR REGISTRATION HAS BEEN DENIED, OR TEN DAYS AFTER  NOTIFI-
 CATION  TO  THE PERMITTEE OF FAILURE ON THE PROFESSIONAL LICENSING EXAM-
 INATION, WHICHEVER FIRST OCCURS; PROVIDED, HOWEVER, THAT IF THE  PERMIT-
 TEE  IS AWAITING THE RESULTS OF A LICENSING EXAMINATION AT THE TIME SUCH
 LIMITED PERMIT EXPIRES, SUCH PERMIT SHALL CONTINUE TO BE VALID UNTIL TEN
 DAYS AFTER NOTIFICATION TO THE PERMITTEE OF THE RESULT OF SUCH  EXAMINA-
 TION.
   4. FEES. THE FEE FOR EACH LIMITED PERMIT SHALL BE FIFTY DOLLARS.
   § 8512. EXEMPT PERSONS. THIS TITLE SHALL NOT PROHIBIT:
   1.  A  RESPIRATORY THERAPY STUDENT OR A RESPIRATORY THERAPY TECHNICIAN
 STUDENT FROM ENGAGING IN CLINICAL ASSISTANCE UNDER THE SUPERVISION OF  A
 LICENSED  RESPIRATORY  THERAPIST  OR  A  LICENSED  OR  OTHERWISE LEGALLY
 AUTHORIZED PHYSICIAN AS AN INTEGRAL  PART  OF  A  PROGRAM  OF  STUDY  BY
 STUDENTS  ENROLLED IN AN APPROVED RESPIRATORY THERAPY TECHNICIAN PROGRAM
 OR IN A CLINICAL FACILITY OR HEALTH  CARE  AGENCY  AFFILIATED  WITH  THE
 PROGRAM FOR RESPIRATORY THERAPY TECHNICIANS; OR
   2. THE PERFORMANCE OF ANY OF THE TASKS OR RESPONSIBILITIES INCLUDED IN
 THE  DEFINITION  OF  RESPIRATORY  THERAPY  TECHNICIAN  BY ANY OTHER DULY
 LICENSED, CERTIFIED OR REGISTERED HEALTH CARE  PROVIDER,  PROVIDED  THAT
 SUCH  TASKS OR RESPONSIBILITIES ARE WITHIN THE SCOPE OF HIS OR HER PRAC-
 TICE; OR
   3. UNLICENSED ASSISTANTS FROM BEING EMPLOYED IN A HOSPITAL, AS DEFINED
 IN ARTICLE TWENTY-EIGHT OF THIS CHAPTER, FOR  PURPOSES  OTHER  THAN  THE
 PRACTICE OF RESPIRATORY THERAPY TECHNICIAN; OR
   4.  THE  PRACTICE  OF  RESPIRATORY  THERAPY  BY  ANY LEGALLY QUALIFIED
 RESPIRATORY THERAPY PRACTITIONER OF ANY OTHER STATE OR TERRITORY WHO  IS
 SERVING  IN  THE ARMED FORCES OR THE PUBLIC HEALTH SERVICE OF THE UNITED
 STATES OR WHO IS EMPLOYED BY THE VETERANS' ADMINISTRATION, WHILE ENGAGED
 IN THE PERFORMANCE OF HIS OR HER DUTIES.
 S. 4007                            460                           A. 3007
 
   § 8513. SPECIAL PROVISIONS. A PERSON SHALL BE LICENSED  WITHOUT  EXAM-
 INATION  PROVIDED  THAT,  WITHIN  ONE YEAR OF THE EFFECTIVE DATE OF THIS
 TITLE, THE INDIVIDUAL:
   1.  FILES  AN APPLICATION AND PAYS THE APPROPRIATE FEES TO THE DEPART-
 MENT; AND
   2. A. IS CERTIFIED BY A NATIONAL CERTIFYING OR ACCREDITING  BOARD  FOR
 RESPIRATORY THERAPY TECHNICIANS ACCEPTABLE TO THE DEPARTMENT, OR
   B. HAS PRACTICED AS A RESPIRATORY THERAPY TECHNICIAN IN A HOSPITAL, AS
 DEFINED  IN  ARTICLE  TWENTY-EIGHT OF THIS CHAPTER, IN THE STATE FOR NOT
 LESS THAN TWO YEARS WITHIN THE LAST FIVE YEARS, OR
   C. HAS MET THE EDUCATIONAL STANDARDS OF  A  HOSPITAL,  AS  DEFINED  IN
 ARTICLE  TWENTY-EIGHT  OF  THIS  CHAPTER,  OR, IN THE CASE OF A HOSPITAL
 OPERATED BY A PUBLIC BENEFIT CORPORATION, HAS MET THE EDUCATIONAL STAND-
 ARDS OF SUCH CORPORATION, AND HAS PRACTICED  AS  A  RESPIRATORY  THERAPY
 TECHNICIAN FOR AT LEAST ONE YEAR IN SUCH HOSPITAL.
                                 TITLE 27
                CLINICAL LABORATORY TECHNOLOGY PRACTICE ACT
 SECTION 8600.   INTRODUCTION.
         8601.   DEFINITION  OF THE PRACTICE OF CLINICAL LABORATORY TECH-
                   NOLOGY AND CLINICAL LABORATORY TECHNOLOGY  PRACTITION-
                   ER.
         8602.   PRACTICE OF CLINICAL LABORATORY TECHNOLOGY AND CYTOTECH-
                   NOLOGY  AND USE OF THE TITLES "LICENSED CLINICAL LABO-
                   RATORY TECHNOLOGIST" AND "LICENSED CYTOTECHNOLOGIST".
         8603.   PRACTICE AS A CLINICAL LABORATORY TECHNICIAN AND  HISTO-
                   LOGICAL TECHNICIAN AND THE USE OF THE TITLES "CLINICAL
                   LABORATORY TECHNICIAN" AND "HISTOLOGICAL TECHNICIAN".
         8604.   STATE BOARD FOR CLINICAL LABORATORY TECHNOLOGY.
         8605.   REQUIREMENTS  FOR  A  LICENSE  AS  A CLINICAL LABORATORY
                   TECHNOLOGIST OR CYTOTECHNOLOGIST.
         8606.   REQUIREMENTS FOR CERTIFICATION AS A CLINICAL  LABORATORY
                   TECHNICIAN.
         8606-A. REQUIREMENTS FOR CERTIFICATION AS A HISTOLOGICAL TECHNI-
                   CIAN.
         8607.   SPECIAL PROVISIONS.
         8608.   LIMITED AND PROVISIONAL PERMITS.
         8609.   EXEMPT PERSONS.
         8610.   RESTRICTED CLINICAL LABORATORY LICENSES.
   §  8600.  INTRODUCTION.  THIS  TITLE  DEFINES THE PRACTICE OF CLINICAL
 LABORATORY TECHNOLOGY AND PROVIDES FOR THE LICENSING OF CLINICAL LABORA-
 TORY TECHNOLOGISTS AND CYTOTECHNOLOGISTS AND FOR  THE  CERTIFICATION  OF
 CLINICAL LABORATORY TECHNICIANS AND HISTOLOGICAL TECHNICIANS. THE GENER-
 AL PROVISIONS FOR ALL PROFESSIONS CONTAINED IN TITLE ONE OF THIS ARTICLE
 SHALL APPLY TO THIS TITLE.
   §  8601.  DEFINITION OF THE PRACTICE OF CLINICAL LABORATORY TECHNOLOGY
 AND CLINICAL LABORATORY TECHNOLOGY PRACTITIONER. 1. "CLINICAL LABORATORY
 TECHNOLOGY" MEANS THE PERFORMANCE OF MICROBIOLOGICAL, VIROLOGICAL, SERO-
 LOGICAL,  CHEMICAL,  IMMUNOHEMATOLOGICAL,  HEMATOLOGICAL,   BIOPHYSICAL,
 CYTOGENETICAL,  CYTOLOGICAL  OR HISTOLOGICAL PROCEDURES AND EXAMINATIONS
 AND ANY OTHER TEST OR PROCEDURE CONDUCTED BY A LABORATORY AS DEFINED  BY
 TITLE FIVE OF ARTICLE FIVE OF THIS CHAPTER, ON MATERIAL DERIVED FROM THE
 HUMAN  BODY  WHICH PROVIDES INFORMATION FOR THE DIAGNOSIS, PREVENTION OR
 TREATMENT OF A DISEASE OR ASSESSMENT OF A HUMAN MEDICAL CONDITION.
   2. A "CLINICAL  LABORATORY  TECHNOLOGY  PRACTITIONER"  MEANS  CLINICAL
 LABORATORY TECHNOLOGISTS, CYTOTECHNOLOGISTS, CLINICAL LABORATORY TECHNI-
 CIANS,  AND  HISTOLOGICAL  TECHNICIANS AS SUCH TERMS ARE DEFINED IN THIS
 S. 4007                            461                           A. 3007
 
 SUBDIVISION, WHO PRACTICE CLINICAL LABORATORY TECHNOLOGY IN  A  LICENSED
 CLINICAL  LABORATORY.   FOR THE PURPOSES OF THIS TITLE, A LICENSED CLIN-
 ICAL LABORATORY DOES NOT INCLUDE A LABORATORY OPERATED BY  ANY  LICENSED
 PHYSICIAN,  DENTIST, PODIATRIST, MIDWIFE OR CERTIFIED NURSE PRACTITIONER
 WHO PERFORMS LABORATORY TESTS OR PROCEDURES, PERSONALLY OR  THROUGH  HIS
 OR  HER  EMPLOYEES,  SOLELY AS AN ADJUNCT TO THE TREATMENT OF HIS OR HER
 OWN PATIENTS.
   A. "CLINICAL LABORATORY  TECHNOLOGIST"  MEANS  A  CLINICAL  LABORATORY
 PRACTITIONER  WHO, PURSUANT TO ESTABLISHED AND APPROVED PROTOCOLS OF THE
 DEPARTMENT OF HEALTH, PERFORMS CLINICAL LABORATORY PROCEDURES AND  EXAM-
 INATIONS AND ANY OTHER TESTS OR PROCEDURES CONDUCTED BY A CLINICAL LABO-
 RATORY,  INCLUDING  MAINTAINING  EQUIPMENT  AND  RECORDS, AND PERFORMING
 QUALITY ASSURANCE ACTIVITIES RELATED  TO  EXAMINATION  PERFORMANCE,  AND
 WHICH  REQUIRE  THE EXERCISE OF INDEPENDENT JUDGMENT AND RESPONSIBILITY,
 AS DETERMINED BY THE DEPARTMENT.
   B. "CYTOTECHNOLOGIST" MEANS A CLINICAL  LABORATORY  PRACTITIONER  WHO,
 PURSUANT  TO  ESTABLISHED  AND  APPROVED  PROTOCOLS  OF  THE DEPARTMENT,
 PERFORMS CYTOLOGICAL PROCEDURES AND  EXAMINATIONS  AND  ANY  OTHER  SUCH
 TESTS INCLUDING MAINTAINING EQUIPMENT AND RECORDS AND PERFORMING QUALITY
 ASSURANCE  ACTIVITIES  RELATED  TO  EXAMINATION  PERFORMANCE,  AND WHICH
 REQUIRE THE EXERCISE OF  INDEPENDENT  JUDGMENT  AND  RESPONSIBILITY,  AS
 DETERMINED BY THE DEPARTMENT.
   C.  "CLINICAL LABORATORY TECHNICIAN" MEANS A CLINICAL LABORATORY PRAC-
 TITIONER WHO PERFORMS CLINICAL LABORATORY  PROCEDURES  AND  EXAMINATIONS
 PURSUANT  TO ESTABLISHED AND APPROVED PROTOCOLS OF THE DEPARTMENT, WHICH
 REQUIRE LIMITED EXERCISE OF INDEPENDENT JUDGMENT AND WHICH ARE PERFORMED
 UNDER THE SUPERVISION OF A CLINICAL LABORATORY TECHNOLOGIST,  LABORATORY
 SUPERVISOR, OR DIRECTOR OF A CLINICAL LABORATORY.
   D.  "HISTOLOGICAL TECHNICIAN" MEANS A CLINICAL LABORATORY PRACTITIONER
 WHO PURSUANT TO ESTABLISHED AND APPROVED  PROTOCOLS  OF  THE  DEPARTMENT
 PERFORMS  SLIDE BASED HISTOLOGICAL ASSAYS, TESTS, AND PROCEDURES AND ANY
 OTHER SUCH TESTS CONDUCTED BY A CLINICAL HISTOLOGY LABORATORY, INCLUDING
 MAINTAINING EQUIPMENT  AND  RECORDS  AND  PERFORMING  QUALITY  ASSURANCE
 ACTIVITIES  RELATING TO PROCEDURE PERFORMANCE ON HISTOLOGICAL TESTING OF
 HUMAN TISSUES AND WHICH REQUIRES LIMITED EXERCISE OF  INDEPENDENT  JUDG-
 MENT  AND IS PERFORMED UNDER THE SUPERVISION OF A LABORATORY SUPERVISOR,
 DESIGNATED BY THE DIRECTOR OF A CLINICAL LABORATORY OR UNDER THE  SUPER-
 VISION OF THE DIRECTOR OF THE CLINICAL LABORATORY.
   E.  "DIRECTOR  OF A CLINICAL LABORATORY" MEANS A DIRECTOR AS THAT TERM
 IS DEFINED IN SECTION FIVE HUNDRED SEVENTY-ONE OF THIS CHAPTER.
   F. "LABORATORY SUPERVISOR" MEANS AN INDIVIDUAL WHO, UNDER THE  GENERAL
 DIRECTION OF THE LABORATORY DIRECTOR, SUPERVISES TECHNICAL PERSONNEL AND
 REPORTING  OF  FINDINGS,  PERFORMS  TESTS  REQUIRING  SPECIAL SCIENTIFIC
 SKILLS, AND, IN THE ABSENCE OF THE  DIRECTOR,  IS  RESPONSIBLE  FOR  THE
 PROPER PERFORMANCE OF ALL LABORATORY PROCEDURES.
   §  8602. PRACTICE OF CLINICAL LABORATORY TECHNOLOGY AND CYTOTECHNOLOGY
 AND USE OF THE TITLES "LICENSED CLINICAL  LABORATORY  TECHNOLOGIST"  AND
 "LICENSED CYTOTECHNOLOGIST". NO PERSON SHALL PRACTICE CLINICAL LABORATO-
 RY  TECHNOLOGY  OR  HOLD HIMSELF OR HERSELF OUT AS A CLINICAL LABORATORY
 TECHNOLOGIST OR A CYTOTECHNOLOGIST IN THIS STATE UNLESS  HE  OR  SHE  IS
 LICENSED OR EXEMPT PURSUANT TO THIS TITLE.
   §  8603. PRACTICE AS A CLINICAL LABORATORY TECHNICIAN AND HISTOLOGICAL
 TECHNICIAN AND THE USE OF THE TITLES  "CLINICAL  LABORATORY  TECHNICIAN"
 AND  "HISTOLOGICAL  TECHNICIAN".  NO PERSON SHALL PRACTICE AS A CLINICAL
 LABORATORY TECHNICIAN OR AS A HISTOLOGICAL TECHNICIAN OR HOLD HIMSELF OR
 HERSELF OUT AS A CLINICAL LABORATORY TECHNICIAN OR A HISTOLOGICAL  TECH-
 S. 4007                            462                           A. 3007
 
 NICIAN IN THIS STATE UNLESS HE OR SHE IS CERTIFIED OR EXEMPT PURSUANT TO
 THIS TITLE, PROVIDED THAT AN INDIVIDUAL LICENSED AS A CLINICAL LABORATO-
 RY TECHNOLOGIST, CYTOTECHNOLOGIST, OR CLINICAL LABORATORY TECHNICIAN MAY
 PRACTICE THE PROFESSION OF HISTOLOGICAL TECHNICIAN.
   §  8604. STATE BOARD FOR CLINICAL LABORATORY TECHNOLOGY. A STATE BOARD
 FOR CLINICAL LABORATORY TECHNOLOGY SHALL BE APPOINTED BY THE COMMISSION-
 ER FOR THE PURPOSE OF ASSISTING THE DEPARTMENT  ON  MATTERS  OF  PROFES-
 SIONAL  LICENSING  AND  PROFESSIONAL  CONDUCT IN ACCORDANCE WITH SECTION
 SIXTY-FIVE HUNDRED EIGHT OF THIS ARTICLE. THE BOARD SHALL BE COMPOSED OF
 TWELVE MEMBERS, FOUR OF WHOM SHALL BE LICENSED CLINICAL LABORATORY TECH-
 NOLOGISTS, TWO OF WHOM SHALL BE LICENSED CYTOTECHNOLOGISTS, ONE OF  WHOM
 SHALL  BE  A CERTIFIED CLINICAL LABORATORY TECHNICIAN, ONE OF WHOM SHALL
 BE A CERTIFIED HISTOLOGICAL TECHNICIAN, TWO MEMBERS OF THE  PUBLIC,  ONE
 REPRESENTATIVE  OF THE DIAGNOSTIC/MANUFACTURING INDUSTRY, AND ONE DIREC-
 TOR OF A CLINICAL LABORATORY WHO SHALL  BE  A  PHYSICIAN.  AN  EXECUTIVE
 SECRETARY TO THE BOARD SHALL BE APPOINTED BY THE COMMISSIONER. THE CLIN-
 ICAL  LABORATORY  PRACTITIONER  MEMBERS OF THE INITIAL BOARD NEED NOT BE
 LICENSED PRIOR TO  THEIR  APPOINTMENT  BUT  SHALL  HAVE  MET  ALL  OTHER
 REQUIREMENTS OF LICENSING EXCEPT THE FILING OF AN APPLICATION, THE PASS-
 ING OF A SATISFACTORY EXAM AND PAYING A FEE.
   §  8605. REQUIREMENTS FOR A LICENSE AS A CLINICAL LABORATORY TECHNOLO-
 GIST OR CYTOTECHNOLOGIST. TO QUALIFY FOR A LICENSE AS A CLINICAL LABORA-
 TORY TECHNOLOGY PRACTITIONER UNDER ONE OF THE TITLES DEFINED IN SUBDIVI-
 SION TWO OF SECTION EIGHTY-SIX HUNDRED ONE OF THIS TITLE,  AN  APPLICANT
 SHALL  FULFILL  THE  PARTICULAR  REQUIREMENTS  OF  A SUBDIVISION OF THIS
 SECTION APPLICABLE TO THE LICENSE AND TITLE SOUGHT BY THE APPLICANT:
   1. LICENSURE AS A CLINICAL LABORATORY TECHNOLOGIST.
   A. APPLICATION: FILE AN APPLICATION WITH THE DEPARTMENT;
   B. EDUCATION: HAVE  RECEIVED  AN  EDUCATION,  INCLUDING  A  BACHELOR'S
 DEGREE  IN  CLINICAL  LABORATORY TECHNOLOGY FROM A PROGRAM REGISTERED BY
 THE DEPARTMENT OR DETERMINED BY THE DEPARTMENT  TO  BE  THE  SUBSTANTIAL
 EQUIVALENT, OR HAVE RECEIVED A BACHELOR'S DEGREE THAT INCLUDES A MINIMUM
 NUMBER OF CREDIT HOURS IN THE SCIENCES AND RECEIVED APPROPRIATE CLINICAL
 EDUCATION  IN  AN ACCREDITED CLINICAL LABORATORY TECHNOLOGY PROGRAM OR A
 PROGRAM TO BE DETERMINED BY THE DEPARTMENT TO BE THE SUBSTANTIAL  EQUIV-
 ALENT;
   C.  EXAMINATION:  PASS AN EXAMINATION SATISFACTORY TO THE BOARD AND IN
 ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS;
   D. AGE: BE AT LEAST EIGHTEEN YEARS OF AGE;
   E. CHARACTER: BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE  DEPART-
 MENT; AND
   F.  FEES: PAY A FEE OF ONE HUNDRED SEVENTY-FIVE DOLLARS FOR AN INITIAL
 LICENSE AND A FEE OF ONE HUNDRED  SEVENTY  DOLLARS  FOR  EACH  TRIENNIAL
 REGISTRATION PERIOD.
   2. LICENSURE AS A CYTOTECHNOLOGIST.
   A. APPLICATION: FILE AN APPLICATION WITH THE DEPARTMENT;
   B.  EDUCATION:  HAVE  RECEIVED  AN  EDUCATION,  INCLUDING A BACHELOR'S
 DEGREE IN CYTOTECHNOLOGY FROM A PROGRAM REGISTERED BY THE DEPARTMENT  OR
 DETERMINED  BY  THE DEPARTMENT TO BE THE SUBSTANTIAL EQUIVALENT, OR HAVE
 RECEIVED A BACHELOR'S DEGREE THAT INCLUDES A MINIMUM  NUMBER  OF  CREDIT
 HOURS  IN THE SCIENCES AND RECEIVED APPROPRIATE CLINICAL EDUCATION IN AN
 ACCREDITED CYTOTECHNOLOGY PROGRAM OR A PROGRAM DETERMINED BY THE DEPART-
 MENT TO BE THE SUBSTANTIAL EQUIVALENT;
   C. EXAMINATION: PASS AN EXAMINATION ACCEPTABLE TO  THE  BOARD  AND  IN
 ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS;
   D. AGE: BE AT LEAST EIGHTEEN YEARS OF AGE;
 S. 4007                            463                           A. 3007
 
   E.  CHARACTER: BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE DEPART-
 MENT; AND
   F.  FEES: PAY A FEE OF ONE HUNDRED SEVENTY-FIVE DOLLARS FOR AN INITIAL
 LICENSE AND A FEE OF ONE HUNDRED  SEVENTY  DOLLARS  FOR  EACH  TRIENNIAL
 REGISTRATION PERIOD.
   §  8606. REQUIREMENTS FOR CERTIFICATION AS A CLINICAL LABORATORY TECH-
 NICIAN. FOR CERTIFICATION AS A CLINICAL LABORATORY TECHNICIAN UNDER THIS
 TITLE, AN APPLICANT SHALL FULFILL THE FOLLOWING REQUIREMENTS:
   1. APPLICATION: FILE AN APPLICATION WITH THE DEPARTMENT;
   2. EDUCATION: HAVE RECEIVED AN  EDUCATION,  INCLUDING  AN  ASSOCIATE'S
 DEGREE  FROM  AN  APPROVED CLINICAL LABORATORY TECHNICIAN PROGRAM REGIS-
 TERED BY THE DEPARTMENT OR  DETERMINED  BY  THE  DEPARTMENT  TO  BE  THE
 SUBSTANTIAL EQUIVALENT;
   3.  EXAMINATION:  PASS AN EXAMINATION SATISFACTORY TO THE BOARD AND IN
 ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS;
   4. AGE: BE AT LEAST EIGHTEEN YEARS OF AGE;
   5. CHARACTER: BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE  DEPART-
 MENT; AND
   6.  FEES:  PAY A FEE OF ONE HUNDRED TWENTY-FIVE DOLLARS FOR AN INITIAL
 CERTIFICATION AND A FEE OF ONE HUNDRED TWENTY DOLLARS FOR EACH TRIENNIAL
 REGISTRATION PERIOD.
   § 8606-A. REQUIREMENTS FOR CERTIFICATION AS A HISTOLOGICAL TECHNICIAN.
 FOR CERTIFICATION AS A HISTOLOGICAL  TECHNICIAN  UNDER  THIS  TITLE,  AN
 APPLICANT SHALL FULFILL THE FOLLOWING REQUIREMENTS:
   1. APPLICATION: FILE AN APPLICATION WITH THE DEPARTMENT;
   2.  EDUCATION:  HAVE  RECEIVED  AN EDUCATION, INCLUDING AN ASSOCIATE'S
 DEGREE FROM AN APPROVED HISTOLOGICAL TECHNICIAN  PROGRAM  REGISTERED  BY
 THE  DEPARTMENT  OR  DETERMINED  BY THE DEPARTMENT TO BE THE SUBSTANTIAL
 EQUIVALENT, OR HAVE RECEIVED AN ASSOCIATE'S DEGREE THAT INCLUDES A MINI-
 MUM NUMBER OF CREDIT HOURS IN  THE  SCIENCES  AND  RECEIVED  APPROPRIATE
 CLINICAL  EDUCATION IN A HISTOLOGICAL TECHNICIAN PROGRAM APPROVED BY THE
 DEPARTMENT OR A PROGRAM TO BE DETERMINED BY THE  DEPARTMENT  TO  BE  THE
 SUBSTANTIAL EQUIVALENT;
   3.  EXAMINATION:  PASS AN EXAMINATION SATISFACTORY TO THE BOARD AND IN
 ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS;
   4. AGE: BE AT LEAST EIGHTEEN YEARS OF AGE;
   5. CHARACTER: BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE  DEPART-
 MENT; AND
   6.  FEES:  PAY A FEE OF ONE HUNDRED TWENTY-FIVE DOLLARS FOR AN INITIAL
 CERTIFICATION AND A FEE OF ONE HUNDRED TWENTY DOLLARS FOR EACH TRIENNIAL
 REGISTRATION PERIOD.
   § 8607. SPECIAL PROVISIONS. 1.  NOTWITHSTANDING  THE  REQUIREMENTS  OF
 SECTIONS  EIGHTY-SIX  HUNDRED  FIVE  AND  EIGHTY-SIX HUNDRED SIX OF THIS
 TITLE, AND UNTIL JULY FIRST, TWO THOUSAND NINE,  AN  INDIVIDUAL  MAY  BE
 LICENSED AS A CLINICAL LABORATORY TECHNOLOGY PRACTITIONER, AS DEFINED IN
 SECTION  EIGHTY-SIX HUNDRED ONE OF THIS TITLE, PROVIDED THAT AN INDIVID-
 UAL MAY BE LICENSED PURSUANT TO SUBPARAGRAPH  (VI)  OF  PARAGRAPH  A  OR
 SUBPARAGRAPH  (III)  OF  PARAGRAPH  B OF THIS SUBDIVISION UNTIL DECEMBER
 THIRTY-FIRST, TWO THOUSAND THIRTEEN PROVIDED SUCH PERSON:
   A. IN THE CASE OF CLINICAL LABORATORY TECHNOLOGIST, HAS EITHER:
   (I) MET THE EDUCATIONAL REQUIREMENTS FOR CLINICAL LABORATORY TECHNOLO-
 GIST AS DEFINED IN SECTION EIGHTY-SIX HUNDRED FIVE OF THIS TITLE AND HAS
 BEEN PERFORMING THE DUTIES OF A CLINICAL LABORATORY TECHNOLOGIST FOR TWO
 OF THE PAST FIVE YEARS PRIOR  TO  DECEMBER  THIRTY-FIRST,  TWO  THOUSAND
 SEVEN;  OR COMPLETED AN APPROVED BACCALAUREATE DEGREE PROGRAM IN BIOLOG-
 ICAL, CHEMICAL OR  PHYSICAL  SCIENCES  FROM  AN  ACCREDITED  COLLEGE  OR
 S. 4007                            464                           A. 3007
 
 UNIVERSITY  AND  HAS BEEN PERFORMING THE DUTIES OF A CLINICAL LABORATORY
 TECHNOLOGIST FOR TWO OF THE PAST FIVE YEARS PRIOR  TO  DECEMBER  THIRTY-
 FIRST, TWO THOUSAND SEVEN;
   (II)  BEEN  ENGAGED  FULL-TIME IN THE EDUCATION OF CLINICAL LABORATORY
 PRACTITIONERS FOR THE EQUIVALENT OF TWO OF THE PAST FIVE YEARS PRIOR  TO
 DECEMBER THIRTY-FIRST, TWO THOUSAND SEVEN;
   (III)  PERFORMED  THE DUTIES OF A CLINICAL LABORATORY TECHNOLOGIST FOR
 AT LEAST FIVE YEARS PRIOR TO DECEMBER THIRTY-FIRST, TWO  THOUSAND  SEVEN
 AS VERIFIED BY A DIRECTOR OF A CLINICAL LABORATORY;
   (IV)  BECOME  PREVIOUSLY QUALIFIED UNDER OTHER REGULATORY REQUIREMENTS
 FOR THAT LICENSE OR ITS EQUIVALENT;
   (V) BECOME A CURRENTLY CERTIFIED CLINICAL LABORATORY TECHNICIAN WITH A
 BACHELOR'S DEGREE FROM AN ACCREDITED COLLEGE  THAT  INCLUDES  A  MINIMUM
 NUMBER OF CREDIT HOURS IN THE SCIENCES AND FOUR YEARS OF DOCUMENTED WORK
 EXPERIENCE  AS  A  CLINICAL  LABORATORY  TECHNICIAN,  ACCEPTABLE  TO THE
 DEPARTMENT; OR
   (VI) BECOME QUALIFIED TO PERFORM THE DUTIES OF A  CLINICAL  LABORATORY
 TECHNOLOGIST  IN A CLINICAL LABORATORY OPERATED IN ACCORDANCE WITH TITLE
 FIVE OF ARTICLE FIVE OF THIS CHAPTER  AND  THE  REGULATIONS  PROMULGATED
 THEREUNDER, AND COMPETENTLY PERFORMED THE DUTIES OF A CLINICAL LABORATO-
 RY  TECHNOLOGIST  IN A CLINICAL LABORATORY FOR A PERIOD OF NOT LESS THAN
 SIX MONTHS IN THE THREE YEARS  IMMEDIATELY  PRECEDING  DECEMBER  THIRTY-
 FIRST,  TWO  THOUSAND  SEVEN  AS  VERIFIED BY A DIRECTOR OF THE CLINICAL
 LABORATORY.
   B. IN THE CASE OF A CLINICAL LABORATORY TECHNICIAN, HAS EITHER:
   (I) MET THE EDUCATIONAL REQUIREMENTS OF A CLINICAL LABORATORY  TECHNI-
 CIAN  AS  DEFINED  IN  SECTION  EIGHTY-SIX HUNDRED SIX OF THIS TITLE AND
 PERFORMED THE DUTIES OF A CLINICAL LABORATORY TECHNICIAN FOR TWO OF  THE
 PAST FIVE YEARS PRIOR TO DECEMBER THIRTY-FIRST, TWO THOUSAND SEVEN;
   (II)  PERFORMED  THE DUTIES OF A CLINICAL LABORATORY TECHNICIAN FOR AT
 LEAST FIVE YEARS PRIOR TO DECEMBER THIRTY-FIRST, TWO THOUSAND  SEVEN  OR
 HAS  PREVIOUSLY QUALIFIED UNDER OTHER REGULATORY REQUIREMENTS FOR SUCH A
 CERTIFICATION OR SUCH CERTIFICATION'S EQUIVALENT; OR
   (III) BECOME QUALIFIED TO PERFORM THE DUTIES OF A CLINICAL  LABORATORY
 TECHNICIAN  IN  A  CLINICAL LABORATORY OPERATED IN ACCORDANCE WITH TITLE
 FIVE OF ARTICLE FIVE OF THIS CHAPTER  AND  THE  REGULATIONS  PROMULGATED
 THEREUNDER, AND COMPETENTLY PERFORMED THE DUTIES OF A CLINICAL LABORATO-
 RY TECHNICIAN IN A CLINICAL LABORATORY FOR A PERIOD OF NOT LESS THAN SIX
 MONTHS  IN  THE THREE YEARS IMMEDIATELY PRECEDING DECEMBER THIRTY-FIRST,
 TWO THOUSAND SEVEN AS VERIFIED BY A DIRECTOR OF THE CLINICAL LABORATORY.
 C. IN THE CASE OF CYTOTECHNOLOGIST, HAS EITHER:
   (I) MET THE EDUCATIONAL REQUIREMENTS OF A CYTOTECHNOLOGIST AS  DEFINED
 IN  SECTION  EIGHTY-SIX  HUNDRED  FIVE  OF  THIS TITLE AND PERFORMED THE
 DUTIES OF A CYTOTECHNOLOGIST FOR TWO OF THE PREVIOUS FIVE YEARS PRIOR TO
 DECEMBER THIRTY-FIRST, TWO THOUSAND SEVEN;
   (II) PERFORMED THE DUTIES OF A  CYTOTECHNOLOGIST  FOR  AT  LEAST  FIVE
 YEARS  PRIOR TO DECEMBER THIRTY-FIRST, TWO THOUSAND SEVEN AS VERIFIED BY
 A DIRECTOR OF A CLINICAL LABORATORY; OR
   (III) HAS PREVIOUSLY QUALIFIED UNDER OTHER REGULATORY REQUIREMENTS FOR
 SUCH A LICENSE OR SUCH LICENSE'S EQUIVALENT.
   D. IN THE CASE OF A HISTOLOGICAL TECHNICIAN, HAS EITHER:
   (I) MET THE EDUCATIONAL REQUIREMENTS OF A HISTOLOGICAL  TECHNICIAN  AS
 DEFINED  IN SECTION EIGHTY-SIX HUNDRED SIX-A OF THIS TITLE AND PERFORMED
 THE DUTIES OF A HISTOLOGICAL TECHNICIAN FOR TWO OF THE PAST  FIVE  YEARS
 PRIOR TO DECEMBER THIRTY-FIRST, TWO THOUSAND SEVEN;
 S. 4007                            465                           A. 3007
 
   (II)  PERFORMED  THE  DUTIES OF A HISTOLOGICAL TECHNICIAN FOR AT LEAST
 FIVE YEARS PRIOR TO DECEMBER THIRTY-FIRST, TWO  THOUSAND  SEVEN  OR  HAS
 PREVIOUSLY  QUALIFIED  UNDER  OTHER  REGULATORY  REQUIREMENTS FOR SUCH A
 CERTIFICATION OR SUCH CERTIFICATION'S EQUIVALENT; OR
   (III) BECOME QUALIFIED TO PERFORM THE DUTIES OF A HISTOLOGICAL TECHNI-
 CIAN  IN A CLINICAL LABORATORY OPERATED IN ACCORDANCE WITH TITLE FIVE OF
 ARTICLE FIVE OF THIS CHAPTER AND THE REGULATIONS PROMULGATED THEREUNDER,
 AND COMPETENTLY PERFORMED THE DUTIES OF A HISTOLOGICAL TECHNICIAN  IN  A
 CLINICAL  LABORATORY  FOR  A  PERIOD  OF NOT LESS THAN SIX MONTHS IN THE
 THREE YEARS IMMEDIATELY PRECEDING DECEMBER  THIRTY-FIRST,  TWO  THOUSAND
 SEVEN AS VERIFIED BY A DIRECTOR OF THE CLINICAL LABORATORY.
   2.  FOR  THE  PURPOSES OF SUBDIVISION ONE OF THIS SECTION, IT SHALL BE
 DETERMINED THAT THE FILING OF AN APPLICATION WITH THE DEPARTMENT  ON  OR
 BEFORE  JANUARY  FIRST,  TWO THOUSAND NINE SHALL QUALIFY FOR PURPOSES OF
 SUCH SUBDIVISION, REGARDLESS OF THE TIME PERIOD REQUIRED FOR  PROCESSING
 SUCH APPLICATION, PROVIDED THAT AN APPLICATION FOR LICENSURE PURSUANT TO
 SUBPARAGRAPH  (VI) OF PARAGRAPH A, SUBPARAGRAPH (III) OF PARAGRAPH B, OR
 SUBPARAGRAPH (III) OR PARAGRAPH D OF SUBDIVISION  ONE  OF  THIS  SECTION
 SHALL BE SUBMITTED ON OR BEFORE SEPTEMBER FIRST, TWO THOUSAND THIRTEEN.
   3.  THE  COMMISSIONER  MAY  ADOPT  SUCH  REGULATIONS AS APPROPRIATE TO
 LICENSE OR CERTIFY INDIVIDUALS WHO HOLD VALID  LICENSES,  CERTIFICATIONS
 OR  THEIR EQUIVALENT IN ANOTHER STATE OR COUNTRY, PROVIDED THE STANDARDS
 FOR GRANTING LICENSES OR CERTIFICATIONS TO SUCH INDIVIDUALS ARE NOT LESS
 THAN THE STANDARDS REQUIRED OF PERSONS OTHERWISE LICENSED  OR  CERTIFIED
 PURSUANT TO THIS TITLE.
   §  8608.  LIMITED  AND  PROVISIONAL PERMITS. 1. LIMITED PERMIT. ON THE
 RECOMMENDATION OF THE BOARD, THE DEPARTMENT MAY ISSUE A  LIMITED  PERMIT
 TO  PRACTICE  AS  A CLINICAL LABORATORY PRACTITIONER TO AN APPLICANT WHO
 HAS MET ALL REQUIREMENTS FOR LICENSURE AS A CLINICAL LABORATORY TECHNOL-
 OGIST OR CYTOTECHNOLOGIST OR  CERTIFICATION  AS  A  CLINICAL  LABORATORY
 TECHNICIAN  OR  HISTOLOGICAL  TECHNICIAN,  EXCEPT  THOSE RELATING TO THE
 EXAMINATION AND PROVIDED THAT THE INDIVIDUAL IS UNDER THE GENERAL SUPER-
 VISION OF THE DIRECTOR OF A CLINICAL LABORATORY, AS  DETERMINED  BY  THE
 DEPARTMENT.  THIS LIMITED PERMIT SHALL BE VALID FOR A PERIOD OF NOT MORE
 THAN ONE YEAR, AND MAY BE RENEWED, AT THE DISCRETION OF THE  DEPARTMENT,
 FOR ONE ADDITIONAL YEAR.
   2.  PROVISIONAL  PERMIT.  (A)  ON THE RECOMMENDATION OF THE BOARD, THE
 DEPARTMENT MAY ISSUE A PROVISIONAL PERMIT  TO  PRACTICE  AS  A  CLINICAL
 LABORATORY  PRACTITIONER  TO  AN APPLICANT WHO IS EMPLOYED IN A CLINICAL
 LABORATORY FOR THE PURPOSE OF ENABLING THE  APPLICANT  TO  COMPLETE  THE
 EDUCATION REQUIREMENTS AND/OR TO PASS THE EXAM REQUIRED FOR LICENSURE AS
 A  CLINICAL  LABORATORY  TECHNOLOGIST  OR  HISTOLOGICAL  TECHNICIAN  AND
 PROVIDED THAT THE INDIVIDUAL IS UNDER THE  GENERAL  SUPERVISION  OF  THE
 DIRECTOR  OF A CLINICAL LABORATORY, AS DETERMINED BY THE DEPARTMENT, AND
 PROVIDED FURTHER THAT THE APPLICANT MEETS THE REQUIREMENTS  OUTLINED  IN
 PARAGRAPH B OF THIS SUBDIVISION.  THIS PROVISIONAL PERMIT SHALL BE VALID
 FOR  A  PERIOD  OF  NOT  MORE  THAN ONE YEAR, AND MAY BE RENEWED, AT THE
 DISCRETION OF THE DEPARTMENT, FOR ONE ADDITIONAL YEAR.
   B. TO QUALIFY FOR A PROVISIONAL PERMIT, THE APPLICANT SHALL:
   (I) FILE AN APPLICATION WITH THE DEPARTMENT;
   (II) HAVE AT LEAST ONE OF THE FOLLOWING ENUMERATED QUALIFICATIONS:
   (A) BE LICENSED AS A CLINICAL LABORATORY TECHNOLOGIST, OR  THE  EQUIV-
 ALENT  AS  DETERMINED  BY  THE  DEPARTMENT,  IN  ANOTHER JURISDICTION OR
 POSSESS A CURRENT CERTIFICATION IN A CLINICAL LABORATORY TECHNOLOGY FROM
 A NATIONAL CERTIFICATION ORGANIZATION ACCEPTABLE TO THE DEPARTMENT; OR
 S. 4007                            466                           A. 3007

   (B) HAVE RECEIVED BOTH AN EDUCATION, INCLUDING A BACHELOR'S DEGREE  IN
 THE  BIOLOGICAL, CHEMICAL, OR PHYSICAL SCIENCES, AND TRAINING IN A CLIN-
 ICAL LABORATORY, PROVIDED THAT SUCH EDUCATION AND TRAINING ARE  ACCEPTA-
 BLE TO THE DEPARTMENT; OR
   (C)  HAVE RECEIVED A BACHELOR'S DEGREE IN THE BIOLOGICAL, CHEMICAL, OR
 PHYSICAL SCIENCES OR IN MATHEMATICS,  AND  HAVE  SERVED  AS  A  RESEARCH
 ASSISTANT  IN A RESEARCH LABORATORY, UNDER THE DIRECTION OF THE DIRECTOR
 OR THE PRINCIPAL RESEARCHER OF SUCH RESEARCH LABORATORY, WORKING ON  THE
 RESEARCH  AND  DEVELOPMENT  OF  ANY  PROCEDURES  AND  EXAMINATIONS TO BE
 CONDUCTED BY A LABORATORY, AS DEFINED IN TITLE FIVE OF ARTICLE  FIVE  OF
 THIS  CHAPTER,  ON  MATERIAL  DERIVED FROM THE HUMAN BODY WHICH PROVIDES
 INFORMATION FOR THE DIAGNOSIS, PREVENTION OR TREATMENT OF A  DISEASE  OR
 ASSESSMENT OF A HUMAN MEDICAL CONDITION; OR
   (D)  FOR  THOSE SEEKING A PROVISIONAL PERMIT AS A HISTOLOGICAL TECHNI-
 CIAN, HAVE RECEIVED AN EDUCATION, INCLUDING AN ASSOCIATE'S  DEGREE  THAT
 INCLUDES A MINIMUM NUMBER OF CREDIT HOURS IN THE SCIENCES, PROVIDED THAT
 SUCH EDUCATION IS ACCEPTABLE TO THE DEPARTMENT;
   (III) BE AT LEAST EIGHTEEN YEARS OF AGE;
   (IV) BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE DEPARTMENT; AND
   (V)  PAY  A  FEE OF THREE HUNDRED FORTY-FIVE DOLLARS FOR A PROVISIONAL
 PERMIT PROVIDED THAT THE FEE FOR A PROVISIONAL PERMIT AS A  HISTOLOGICAL
 TECHNICIAN SHALL BE TWO HUNDRED FORTY-FIVE DOLLARS.
   (C)  EACH  PROVISIONAL  PERMIT  SHALL  BE  SUBJECT TO THE DISCIPLINARY
 PROVISIONS APPLICABLE TO LICENSEES PURSUANT TO SUBTITLE THREE  OF  TITLE
 ONE OF THIS ARTICLE.
   3.  THE COMMISSIONER IS AUTHORIZED TO ADOPT SUCH RULES AND REGULATIONS
 AS MAY BE NECESSARY TO IMPLEMENT THE PROVISIONS OF THIS SECTION.
   § 8609. EXEMPT PERSONS. THIS TITLE SHALL NOT BE CONSTRUED TO APPLY TO:
   1. THE PRACTICE,  CONDUCT,  ACTIVITIES,  OR  SERVICES  BY  ANY  PERSON
 LICENSED  OR  OTHERWISE AUTHORIZED TO PRACTICE MEDICINE WITHIN THE STATE
 PURSUANT TO TITLE FOUR OF THIS ARTICLE, OR BY ANY PERSON  REGISTERED  TO
 PERFORM SERVICES AS A PHYSICIAN ASSISTANT OR SPECIALIST ASSISTANT WITHIN
 THE  STATE  PURSUANT  TO  TITLE  FOUR  OF THIS ARTICLE, OR BY ANY PERSON
 LICENSED TO PRACTICE DENTISTRY WITHIN THE STATE PURSUANT TO TITLE  SEVEN
 OF  THIS  ARTICLE  OR BY ANY PERSON LICENSED TO PRACTICE PODIATRY WITHIN
 THE STATE PURSUANT TO TITLE FOURTEEN OF THIS ARTICLE OR  BY  ANY  PERSON
 CERTIFIED  AS  A  NURSE  PRACTITIONER WITHIN THE STATE PURSUANT TO TITLE
 TWELVE OF THIS ARTICLE OR BY ANY PERSON LICENSED TO PERFORM SERVICES  AS
 A  RESPIRATORY  THERAPIST  OR RESPIRATORY THERAPY TECHNICIAN UNDER TITLE
 TWENTY-SIX OF THIS ARTICLE OR ANY PERSON LICENSED TO PRACTICE  MIDWIFERY
 WITHIN  THE STATE PURSUANT TO TITLE THIRTEEN OF THIS ARTICLE OR A PERSON
 LICENSED TO PRACTICE NURSING PURSUANT TO TITLE TWELVE OF  THIS  ARTICLE,
 OR A PERSON LICENSED TO PRACTICE PURSUANT TO ARTICLE THIRTY-FIVE OF THIS
 CHAPTER;  PROVIDED,  HOWEVER,  THAT  NO SUCH PERSON SHALL USE THE TITLES
 LICENSED LABORATORY TECHNOLOGIST, CYTOTECHNOLOGIST, OR CERTIFIED LABORA-
 TORY TECHNICIAN, UNLESS LICENSED OR CERTIFIED UNDER THIS TITLE; OR
   2. CLINICAL LABORATORY TECHNOLOGY PRACTITIONERS EMPLOYED BY THE UNITED
 STATES GOVERNMENT OR ANY BUREAU, DIVISION, OR AGENCY THEREOF,  WHILE  IN
 THE DISCHARGE OF THE EMPLOYEE'S OFFICIAL DUTIES; OR
   3.  CLINICAL  LABORATORY  TECHNOLOGY PRACTITIONERS EMPLOYED BY THE NEW
 YORK STATE DEPARTMENT OF HEALTH WADSWORTH CENTER LABORATORY OR  THE  NEW
 YORK  CITY DEPARTMENT OF HEALTH AND MENTAL HYGIENE PUBLIC HEALTH LABORA-
 TORY, WHILE IN THE DISCHARGE OF THE EMPLOYEE'S OFFICIAL DUTIES; OR
   4. CLINICAL LABORATORY TECHNOLOGY PRACTITIONERS ENGAGED IN TEACHING OR
 RESEARCH, PROVIDED THAT THE RESULTS OF ANY EXAMINATION PERFORMED ARE NOT
 S. 4007                            467                           A. 3007
 
 USED IN HEALTH MAINTENANCE, DIAGNOSIS OR TREATMENT OF  DISEASE  AND  ARE
 NOT ADDED TO THE PATIENT'S PERMANENT RECORD; OR
   5.  STUDENTS  OR  TRAINEES  ENROLLED  IN  APPROVED CLINICAL LABORATORY
 SCIENCE OR TECHNOLOGY EDUCATION PROGRAMS OR TRAINING PROGRAMS  DESCRIBED
 IN  SUBPARAGRAPH  (III)  OF  PARAGRAPH  C  OF SUBDIVISION ONE OF SECTION
 EIGHTY-SIX HUNDRED TEN OF THIS  TITLE  PROVIDED  THAT  THESE  ACTIVITIES
 CONSTITUTE  A  PART OF A PLANNED COURSE IN THE PROGRAM, THAT THE PERSONS
 ARE DESIGNATED BY A TITLE SUCH AS INTERN, TRAINEE,  FELLOW  OR  STUDENT,
 AND  THE  PERSONS  WORK  DIRECTLY UNDER THE SUPERVISION OF AN INDIVIDUAL
 LICENSED OR EXEMPT PURSUANT TO SUBDIVISION ONE, TWO, FOUR  OR  EIGHT  OF
 THIS SECTION; OR
   6.  PERSONS  EMPLOYED  BY  A CLINICAL LABORATORY TO PERFORM SUPPORTIVE
 FUNCTIONS NOT RELATED TO THE DIRECT PERFORMANCE OF LABORATORY PROCEDURES
 OR EXAMINATIONS; OR
   7. PERSONS WHO  ARE  WORKING  IN  FACILITIES  REGISTERED  PURSUANT  TO
 SECTION  FIVE  HUNDRED  SEVENTY-NINE  OF  THIS  CHAPTER AND ONLY PERFORM
 WAIVED TESTS AS DEFINED IN SECTION  FIVE  HUNDRED  SEVENTY-ONE  OF  THIS
 CHAPTER PURSUANT TO SUCH REGISTRATION; OR
   8.  A DIRECTOR OF A CLINICAL LABORATORY HOLDING A VALID CERTIFICATE OF
 QUALIFICATION PURSUANT TO SECTION FIVE  HUNDRED  SEVENTY-THREE  OF  THIS
 CHAPTER.
   §  8610.  RESTRICTED CLINICAL LABORATORY LICENSES. 1. RESTRICTED CLIN-
 ICAL LABORATORY LICENSE.
   A. THE DEPARTMENT MAY ISSUE A RESTRICTED LICENSE PURSUANT TO WHICH THE
 RESTRICTED LICENSEE MAY RECEIVE A CERTIFICATE TO PERFORM  CERTAIN  EXAM-
 INATIONS  AND  PROCEDURES  WITHIN  THE DEFINITION OF CLINICAL LABORATORY
 TECHNOLOGY SET FORTH IN SUBDIVISION ONE OF  SECTION  EIGHTY-SIX  HUNDRED
 ONE  OF THIS TITLE, PROVIDED THAT SUCH A RESTRICTED LICENSEE MAY PERFORM
 EXAMINATIONS AND PROCEDURES ONLY IN THOSE OF THE FOLLOWING  AREAS  WHICH
 ARE  SPECIFICALLY  LISTED IN HIS OR HER CERTIFICATE: HISTOCOMPATIBILITY,
 CYTOGENETICS, STEM CELL PROCESS, FLOW CYTOMETRY/CELLULAR IMMUNOLOGY  AND
 MOLECULAR  DIAGNOSIS  TO THE EXTENT SUCH MOLECULAR DIAGNOSIS IS INCLUDED
 IN GENETIC TESTING-MOLECULAR  AND  MOLECULAR  ONCOLOGY,  AND  TOXICOLOGY
 (UNDER PARAGRAPH B-1 OF THIS SUBDIVISION).
   B.  NOTWITHSTANDING PARAGRAPH A OF THIS SUBDIVISION, RESTRICTED LICEN-
 SEES EMPLOYED AT NATIONAL CANCER INSTITUTE DESIGNATED CANCER CENTERS  OR
 AT  TEACHING  HOSPITALS  THAT ARE ELIGIBLE FOR DISTRIBUTIONS PURSUANT TO
 PARAGRAPH (C) OF  SUBDIVISION  THREE  OF  SECTION  TWENTY-EIGHT  HUNDRED
 SEVEN-M OF THIS CHAPTER MAY RECEIVE A CERTIFICATE THAT ALSO INCLUDES THE
 PRACTICE  OF  MOLECULAR  DIAGNOSIS  INCLUDING BUT NOT LIMITED TO GENETIC
 TESTING-MOLECULAR  AND  MOLECULAR  ONCOLOGY,  AND  RESTRICTED  LICENSEES
 EMPLOYED  AT  NATIONAL  CANCER  INSTITUTE  DESIGNATED CANCER CENTERS MAY
 RECEIVE A CERTIFICATE THAT INCLUDES THE USE OF MASS SPECTROMETRY OR  ANY
 TESTS  AND  PROCEDURES  ACCEPTABLE  TO THE COMMISSIONER, IN CONSULTATION
 WITH THE COMMISSIONER, IN THE FIELD OF PROTEOMICS,  PROVIDED  THAT  SUCH
 CERTIFICATE  HOLDERS  MAY PRACTICE IN SUCH ADDITIONAL AREAS ONLY AT SUCH
 CENTERS, TEACHING HOSPITALS OR OTHER SITES AS MAY BE DESIGNATED  BY  THE
 COMMISSIONER.
   B-1.  ONLY  INDIVIDUALS  EMPLOYED  IN  A  NEW YORK STATE DEPARTMENT OF
 HEALTH AUTHORIZED TOXICOLOGY LABORATORY, OPERATING UNDER  THE  DIRECTION
 OF A CLINICAL LABORATORY DIRECTOR, MAY OBTAIN A CERTIFICATE IN TOXICOLO-
 GY.
   C. TO QUALIFY FOR A RESTRICTED LICENSE, AN APPLICANT SHALL:
   (I) FILE AN APPLICATION WITH THE DEPARTMENT;
   (II)  HAVE RECEIVED AN EDUCATION, INCLUDING A BACHELOR'S DEGREE IN THE
 BIOLOGICAL, CHEMICAL, OR PHYSICAL SCIENCES  OR  IN  MATHEMATICS  FROM  A
 S. 4007                            468                           A. 3007
 
 PROGRAM  REGISTERED BY THE DEPARTMENT OR DETERMINED BY THE DEPARTMENT TO
 BE THE SUBSTANTIAL EQUIVALENT;
   (III)  HAVE  COMPLETED  A  TRAINING PROGRAM WITH A PLANNED SEQUENCE OF
 SUPERVISED EMPLOYMENT OR ENGAGEMENT IN ACTIVITIES  APPROPRIATE  FOR  THE
 AREA  OF  CERTIFICATION,  WHICH  TRAINING PROGRAM IS SATISFACTORY TO THE
 DEPARTMENT IN QUALITY, BREADTH, SCOPE AND NATURE AND IS PROVIDED  BY  AN
 ENTITY THAT SHALL BE RESPONSIBLE FOR THE SERVICES PROVIDED. THE TRAINING
 PROGRAM  SHALL  BE DESCRIBED AND ATTESTED TO BY THE CLINICAL DIRECTOR OF
 THE LABORATORY IN WHICH IT IS LOCATED PRIOR  TO  THE  BEGINNING  OF  THE
 PROGRAM. THE DURATION OF THE TRAINING PROGRAM SHALL BE ONE YEAR OF FULL-
 TIME  TRAINING  IN  THE SPECIFIC AREAS IN WHICH THE APPLICANT IS SEEKING
 CERTIFICATION OR THE PART-TIME EQUIVALENT THEREOF, AS DETERMINED BY  THE
 DEPARTMENT,  AND  THE  SUCCESSFUL  COMPLETION  OF  SUCH PROGRAM SHALL BE
 CERTIFIED BY A LABORATORY DIRECTOR WHO  IS  RESPONSIBLE  FOR  OVERSEEING
 SUCH PROGRAM;
   (IV) BE AT LEAST EIGHTEEN YEARS OF AGE;
   (V) BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE DEPARTMENT; AND
   (VI)  PAY  A  FEE  OF  ONE HUNDRED SEVENTY-FIVE DOLLARS FOR AN INITIAL
 RESTRICTED LICENSE AND A FEE OF ONE HUNDRED  SEVENTY  DOLLARS  FOR  EACH
 TRIENNIAL REGISTRATION PERIOD.
   D.  EACH  RESTRICTED  LICENSEE  SHALL  REGISTER WITH THE DEPARTMENT AS
 REQUIRED OF LICENSEES PURSUANT TO SECTION SIXTY-FIVE HUNDRED TWO OF THIS
 ARTICLE AND SHALL BE SUBJECT TO THE DISCIPLINARY  PROVISIONS  APPLICABLE
 TO LICENSEES PURSUANT TO SUBTITLE THREE OF TITLE ONE OF THIS ARTICLE.
   2.  THE COMMISSIONER IS AUTHORIZED TO ADOPT SUCH RULES AND REGULATIONS
 AS MAY BE NECESSARY TO IMPLEMENT THE PROVISIONS OF THIS SECTION.
   3. NOTHING IN THIS SECTION SHALL RESTRICT A CLINICAL LABORATORY  PRAC-
 TITIONER,  AS  DEFINED  IN SUBDIVISION TWO OF SECTION EIGHTY-SIX HUNDRED
 ONE OF THIS TITLE, FROM PERFORMING ANY OF THE EXAMINATIONS OR PROCEDURES
 WHICH RESTRICTED CLINICAL LABORATORY LICENSEES ARE PERMITTED TO  PERFORM
 UNDER  THIS  SECTION  AND WHICH SUCH CLINICAL LABORATORY PRACTITIONER IS
 OTHERWISE AUTHORIZED TO PERFORM.
                                 TITLE 28
                         MEDICAL PHYSICS PRACTICE
 SECTION 8700. INTRODUCTION.
         8701. DEFINITIONS.
         8702. DEFINITION OF "PRACTICE OF MEDICAL PHYSICS".
         8703. USE OF THE TITLE "PROFESSIONAL MEDICAL PHYSICIST".
         8704. STATE COMMITTEE FOR MEDICAL PHYSICS.
         8705. REQUIREMENTS AND PROCEDURES FOR PROFESSIONAL LICENSURE.
         8706. LIMITED PERMITS.
         8707. EXEMPTIONS.
         8708. LICENSURE WITHOUT EXAMINATION.
         8709. SEPARABILITY.
   § 8700. INTRODUCTION. THIS TITLE APPLIES TO THE PROFESSION OF  MEDICAL
 PHYSICS.  THE GENERAL PROVISIONS FOR ALL LICENSED HEALTHCARE PROFESSIONS
 CONTAINED IN TITLE ONE OF THIS ARTICLE APPLY TO THIS TITLE.
   § 8701. DEFINITIONS. AS USED IN THIS TITLE:
   1. "CLINICAL" SHALL MEAN ACTIVITIES DIRECTLY RELATING TO THE TREATMENT
 OR DIAGNOSIS OF HUMAN AILMENTS.
   2. "SPECIALTY" OR "SPECIALTY AREA" SHALL MEAN THE FOLLOWING BRANCH  OR
 BRANCHES OF SPECIAL COMPETENCE WITHIN MEDICAL PHYSICS:
   A.  "DIAGNOSTIC RADIOLOGICAL PHYSICS" SHALL MEAN THE BRANCH OF MEDICAL
 PHYSICS RELATING TO THE DIAGNOSTIC APPLICATION OF RADIATION, THE  ANALY-
 SIS  AND  INTERPRETATION  OF IMAGE QUALITY, PERFORMANCE MEASUREMENTS AND
 THE CALIBRATION OF EQUIPMENT ASSOCIATED WITH THE PRODUCTION AND  USE  OF
 S. 4007                            469                           A. 3007
 
 SUCH  RADIATION, THE ANALYSIS AND INTERPRETATION OF MEASUREMENTS ASSOCI-
 ATED WITH PATIENT DOSES AND EXPOSURES, AND THE RADIATION SAFETY  ASPECTS
 ASSOCIATED WITH THE PRODUCTION AND USE OF SUCH RADIATION;
   B.  "MEDICAL  HEALTH PHYSICS" SHALL MEAN THE BRANCH OF MEDICAL PHYSICS
 PERTAINING TO THE RADIATION SAFETY ASPECTS OF THE USE OF  RADIATION  FOR
 BOTH  DIAGNOSTIC  AND  THERAPEUTIC PURPOSES, AND THE USE OF EQUIPMENT TO
 PERFORM APPROPRIATE RADIATION MEASUREMENTS;
   C. "MEDICAL NUCLEAR PHYSICS" SHALL MEAN THE BRANCH OF MEDICAL  PHYSICS
 PERTAINING  TO  THE  THERAPEUTIC  AND DIAGNOSTIC APPLICATION OF RADIONU-
 CLIDES, EXCLUDING THOSE USED IN SEALED SOURCES FOR THERAPEUTIC PURPOSES,
 THE ANALYSIS AND INTERPRETATION OF PERFORMANCE  MEASUREMENTS  ASSOCIATED
 WITH  RADIATION  IMAGING EQUIPMENT AND PERFORMANCE OVERSIGHT OF RADIONU-
 CLIDE CALIBRATION EQUIPMENT ASSOCIATED WITH THE USE  AND  PRODUCTION  OF
 RADIONUCLIDES,  THE  ANALYSIS  AND  INTERPRETATION  OF  MEASUREMENTS AND
 CALCULATIONS ASSOCIATED WITH PATIENT  ORGAN  DOSES,  AND  THE  RADIATION
 SAFETY  ASPECTS  ASSOCIATED WITH THE PRODUCTION AND USE OF SUCH RADIONU-
 CLIDES; AND
   D. "THERAPEUTIC RADIOLOGICAL PHYSICS" OR "RADIATION ONCOLOGY  PHYSICS"
 SHALL  MEAN  THE  BRANCH  OF MEDICAL PHYSICS RELATING TO THE THERAPEUTIC
 APPLICATION OF RADIATION, THE ANALYSIS AND INTERPRETATION  OF  RADIATION
 EQUIPMENT  PERFORMANCE  MEASUREMENTS  AND  THE  CALIBRATION OF EQUIPMENT
 ASSOCIATED WITH THE PRODUCTION AND USE OF SUCH RADIATION,  THE  ANALYSIS
 AND  INTERPRETATION  OF  MEASUREMENTS ASSOCIATED WITH PATIENT DOSES, AND
 THE RADIATION SAFETY ASPECTS ASSOCIATED WITH THE PRODUCTION AND  USE  OF
 SUCH RADIATION.
   3.  "MEDICAL  PHYSICS" SHALL MEAN THE BRANCH OF PHYSICS LIMITED TO THE
 FIELD OF RADIOLOGICAL PHYSICS.
   4. "RADIATION" SHALL MEAN  ALL  IONIZING  RADIATION  ABOVE  BACKGROUND
 LEVELS  OR  ANY  NON-IONIZING RADIATION USED IN DIAGNOSTIC IMAGING OR IN
 RADIATION ONCOLOGY.
   5. "RADIOLOGICAL PHYSICS" SHALL MEAN DIAGNOSTIC RADIOLOGICAL  PHYSICS,
 THERAPEUTIC  RADIOLOGICAL PHYSICS OR RADIATION ONCOLOGY PHYSICS, MEDICAL
 NUCLEAR PHYSICS AND MEDICAL HEALTH PHYSICS.
   6. "RADIOLOGICAL PROCEDURE" SHALL MEAN ANY TEST,  MEASUREMENT,  CALCU-
 LATION  OR  RADIATION EXPOSURE FOR THE PURPOSE OF DIAGNOSIS OR TREATMENT
 OF ANY MEDICAL CONDITION OF A HUMAN,  INCLUDING  THERAPEUTIC  RADIATION,
 DIAGNOSTIC IMAGING AND MEASUREMENTS, AND NUCLEAR MEDICINE PROCEDURES.
   §  8702. DEFINITION OF "PRACTICE OF MEDICAL PHYSICS". 1. THE "PRACTICE
 OF THE PROFESSION OF MEDICAL PHYSICS" SHALL MEAN THE USE AND APPLICATION
 OF ACCEPTED PRINCIPLES AND PROTOCOLS OF PHYSICS IN A CLINICAL SETTING TO
 ASSURE THE CORRECT QUALITY, QUANTITY AND PLACEMENT OF  RADIATION  DURING
 THE  PERFORMANCE  OF  A  RADIOLOGICAL  PROCEDURE,  SO  AS TO PROTECT THE
 PATIENT AND OTHER PERSONS FROM HARMFUL, EXCESSIVE  OR  MISAPPLIED  RADI-
 ATION.  SUCH  PRACTICE SHALL INCLUDE, BUT NOT NECESSARILY BE LIMITED TO:
 RADIATION BEAM CALIBRATION AND CHARACTERIZATION; OVERSIGHT AND RESPONSI-
 BILITY FOR PATIENT RADIATION DOSE MEASUREMENT, CALCULATION  AND  REPORT-
 ING;  OVERSIGHT AND RESPONSIBILITY FOR QUALITY CONTROL; INSTRUMENT SPEC-
 IFICATION; OPTIMIZATION OF IMAGE QUALITY; ACCEPTANCE TESTING;  SHIELDING
 DESIGN;  PROTECTION  ANALYSIS ON RADIATION EMITTING EQUIPMENT AND RADIO-
 PHARMACEUTICALS; AND CONSULTATION WITH A PHYSICIAN  TO  ASSURE  ACCURATE
 RADIATION DOSAGE AND APPLICATION TO A SPECIFIC PATIENT.
   2.  A LICENSE TO PRACTICE MEDICAL PHYSICS SHALL BE ISSUED WITH SPECIAL
 COMPETENCY IN ONE OR MORE SPECIALTY AREAS  IN  WHICH  THE  LICENSEE  HAS
 SATISFIED  THE REQUIREMENTS OF SECTION EIGHTY-SEVEN HUNDRED FIVE OF THIS
 TITLE.
 S. 4007                            470                           A. 3007
 
   3. THE PRACTICE IN ANY SPECIALTY BY A  PERSON  WHOSE  LICENSE  IS  NOT
 ISSUED  WITH  SPECIAL  COMPETENCY FOR SUCH SPECIALTY SHALL BE DEEMED THE
 UNAUTHORIZED PRACTICE OF THE PROFESSION OF MEDICAL PHYSICS.
   4.  ONLY A PERSON LICENSED UNDER THIS TITLE SHALL PRACTICE THE PROFES-
 SION OF MEDICAL PHYSICS.
   § 8703. USE OF THE TITLE  "PROFESSIONAL  MEDICAL  PHYSICIST".  ONLY  A
 PERSON  LICENSED  UNDER  THIS  TITLE  SHALL  USE THE TITLE "PROFESSIONAL
 MEDICAL PHYSICIST".
   § 8704. STATE COMMITTEE FOR MEDICAL PHYSICS. 1. A STATE COMMITTEE  FOR
 MEDICAL  PHYSICS SHALL BE APPOINTED BY THE COMMISSIONER AND SHALL ASSIST
 ON MATTERS OF LICENSURE AND  PROFESSIONAL  CONDUCT  IN  ACCORDANCE  WITH
 SECTION  SIXTY-FIVE  HUNDRED  EIGHT  OF  THIS TITLE. NOTWITHSTANDING THE
 PROVISIONS OF SECTION  SIXTY-FIVE  HUNDRED  EIGHT  OF  THIS  TITLE,  THE
 COMMITTEE  SHALL ASSIST THE BOARD FOR MEDICINE SOLELY IN MEDICAL PHYSICS
 MATTERS, WHICH BOARD SHALL ALSO FUNCTION AS THE STATE BOARD FOR  MEDICAL
 PHYSICS.  THE LICENSURE REQUIREMENTS FOR PROFESSIONAL MEDICAL PHYSICISTS
 SHALL BE WAIVED FOR THE INITIAL COMMITTEE APPOINTEES, PROVIDED THAT SUCH
 APPOINTEES SHALL HAVE RECEIVED NATIONAL CERTIFICATION IN THEIR  SPECIAL-
 TY.
   2. THE COMMITTEE SHALL CONSIST OF EIGHT INDIVIDUALS, TO BE COMPOSED OF
 THE FOLLOWING:
   A. FOUR LICENSED MEDICAL PHYSICISTS REPRESENTED BY EACH OF THE FOLLOW-
 ING SPECIALTIES:
   (I) DIAGNOSTIC RADIOLOGICAL PHYSICS;
   (II) THERAPEUTIC RADIOLOGICAL OR RADIATION ONCOLOGY PHYSICS;
   (III) MEDICAL NUCLEAR PHYSICS; AND
   (IV) MEDICAL HEALTH PHYSICS;
   B.  THREE  LICENSED  PHYSICIANS  REPRESENTED  BY EACH OF THE FOLLOWING
 SPECIALTIES:
   (I) DIAGNOSTIC RADIOLOGY;
   (II) RADIATION THERAPY OR RADIATION ONCOLOGY; AND
   (III) NUCLEAR MEDICINE; AND
   (C) A REPRESENTATIVE OF THE PUBLIC AT LARGE.
   § 8705. REQUIREMENTS AND PROCEDURES  FOR  PROFESSIONAL  LICENSURE.  TO
 QUALIFY  FOR A LICENSE AS A PROFESSIONAL MEDICAL PHYSICIST, AN APPLICANT
 SHALL FULFILL THE FOLLOWING REQUIREMENTS:
   1. APPLICATION: FILE AN APPLICATION WITH THE DEPARTMENT;
   2. EDUCATION: HAVE RECEIVED  AN  EDUCATION  INCLUDING  A  MASTER'S  OR
 DOCTORAL  DEGREE  FROM AN ACCREDITED COLLEGE OR UNIVERSITY IN ACCORDANCE
 WITH THE COMMISSIONER'S REGULATIONS. SUCH PERSON  SHALL  HAVE  COMPLETED
 SUCH  COURSES OF INSTRUCTION AS ARE DEEMED NECESSARY BY THE COMMISSIONER
 TO PRACTICE IN THE MEDICAL PHYSICS SPECIALTY IN WHICH THE APPLICANT  HAS
 APPLIED FOR A LICENSE;
   3. EXPERIENCE: HAVE EXPERIENCE IN HIS OR HER MEDICAL PHYSICS SPECIALTY
 SATISFACTORY  TO  THE  BOARD  AND  IN ACCORDANCE WITH THE COMMISSIONER'S
 REGULATIONS;
   4. EXAMINATION: PASS AN EXAMINATION IN HIS OR  HER  MEDICAL  SPECIALTY
 SATISFACTORY  TO  THE  BOARD  AND  IN ACCORDANCE WITH THE COMMISSIONER'S
 REGULATIONS. THE EXAMINATION REQUIREMENT MAY BE WAIVED BY THE  BOARD  ON
 RECOMMENDATION OF THE COMMISSIONER FOR CERTAIN APPLICANTS WITH EXTENSIVE
 EXPERIENCE AS A MEDICAL PHYSICIST;
   5. AGE: BE AT LEAST TWENTY-ONE YEARS OF AGE;
   6.  FEE:  PAY  A  FEE  OF  THREE HUNDRED DOLLARS TO THE DEPARTMENT FOR
 ADMISSION TO A DEPARTMENT CONDUCTED EXAMINATION FOR LICENSURE, A FEE  OF
 ONE  HUNDRED  FIFTY DOLLARS FOR LICENSURE WITH SPECIAL COMPETENCY IN THE
 FIRST SPECIALTY AND TWENTY-FIVE DOLLARS FOR EACH  ADDITIONAL  SPECIALTY,
 S. 4007                            471                           A. 3007
 
 AND  A FEE OF THREE HUNDRED DOLLARS FOR EACH BIENNIAL REGISTRATION PERI-
 OD.
   §  8706.  LIMITED PERMITS. PERMITS LIMITED AS TO ELIGIBILITY, PRACTICE
 AND DURATION SHALL BE ISSUED BY THE DEPARTMENT TO  ELIGIBLE  APPLICANTS,
 AS FOLLOWS:
   1.  ELIGIBILITY. THE FOLLOWING PERSONS SHALL BE ELIGIBLE FOR A LIMITED
 PERMIT:
   A. A PERSON WHO FULFILLS ALL REQUIREMENTS FOR A LICENSE AS  A  PROFES-
 SIONAL MEDICAL PHYSICIST EXCEPT THOSE RELATING TO EXAMINATION OR EXPERI-
 ENCE; OR
   B.  A  MEDICAL PHYSICS STUDENT ENROLLED IN A GRADUATE OR POST-GRADUATE
 CURRICULUM APPROVED BY THE DEPARTMENT;
   2. LIMIT OF PRACTICE. A PERMITTEE  SHALL  BE  AUTHORIZED  TO  PRACTICE
 MEDICAL  PHYSICS  ONLY  UNDER  THE DIRECT AND IMMEDIATE SUPERVISION OF A
 PROFESSIONAL MEDICAL PHYSICIST AND ONLY IN THE SPECIALTY OF SUCH PROFES-
 SIONAL MEDICAL PHYSICIST;
   3. DURATION. A LIMITED PERMIT SHALL BE VALID FOR TWO YEARS. IT MAY  BE
 RENEWED BIENNIALLY AT THE DISCRETION OF THE DEPARTMENT;
   4.  FEE. THE FEE FOR EACH LIMITED PERMIT AND FOR EACH RENEWAL SHALL BE
 SIXTY DOLLARS.
   § 8707. EXEMPTIONS. NOTHING  IN  THIS  TITLE  SHALL  BE  CONSTRUED  TO
 AFFECT,  PREVENT  OR  IN ANY MANNER EXPAND OR LIMIT THE AUTHORITY OF ANY
 PERSON OTHERWISE AUTHORIZED BY LAW OR REGULATION TO PRACTICE  ANY  FUNC-
 TION  OF  A MEDICAL PHYSICIST, OR ANY DEPARTMENT OR AGENCY AUTHORIZED BY
 LAW OR REGULATION TO REGULATE THE USE OF  RADIATION,  NOR  PROHIBIT  THE
 REPAIR OR CALIBRATION OF ANY TEST EQUIPMENT USED BY PROFESSIONAL MEDICAL
 PHYSICISTS  BY  ANY  PERSON  OTHERWISE  ALLOWED  TO DO SO UNDER STATE OR
 FEDERAL LAW, NOR SERVE TO LIMIT RADIOLOGIC AND/OR IMAGING TECHNICIANS OR
 ANY INDIVIDUAL OTHERWISE AUTHORIZED BY LAW OR REGULATION FROM PERFORMING
 QUALITY CONTROL MEASUREMENTS OR  OBTAINING  QUALITY  CONTROL  DATA,  NOR
 SERVE  TO  LIMIT A SERVICE ENGINEER IN THE REPAIR OF RADIATION PRODUCING
 EQUIPMENT NOR AN INSTALLATION ENGINEER IN THE INSTALLATION OF  RADIATION
 PRODUCING EQUIPMENT.
   §  8708.  LICENSURE  WITHOUT EXAMINATION. 1. WITHIN EIGHTEEN MONTHS OF
 THE EFFECTIVE DATE OF REGULATIONS IMPLEMENTING THE  PROVISIONS  OF  THIS
 TITLE,  THE  DEPARTMENT  MAY ISSUE A LICENSE TO PRACTICE MEDICAL PHYSICS
 WITH SPECIAL COMPETENCY IN ONE OR MORE SPECIALTIES IN THIS STATE,  WITH-
 OUT  AN  EXAMINATION, TO A PERSON WHO MEETS THE REQUIREMENTS OF SUBDIVI-
 SIONS ONE, FIVE AND SIX OF SECTION EIGHTY-SEVEN  HUNDRED  FIVE  OF  THIS
 TITLE AND WHO IN ADDITION HAS AN EARNED BACHELOR'S, MASTER'S OR DOCTORAL
 DEGREE  FROM  AN  ACCREDITED  COLLEGE  OR  UNIVERSITY THAT SIGNIFIES THE
 COMPLETION OF A COURSE OF STUDY ACCEPTABLE TO THE  DEPARTMENT,  AND  HAS
 DEMONSTRATED  TO THE DEPARTMENT'S SATISFACTION, IN THE CASE OF AN EARNED
 BACHELOR'S DEGREE, THE COMPLETION OF AT LEAST FIFTEEN YEARS OF FULL-TIME
 WORK EXPERIENCE IN THE MEDICAL PHYSICS SPECIALTY FOR  WHICH  APPLICATION
 IS  MADE,  OR, IN THE CASE OF AN EARNED MASTER'S OR DOCTORAL DEGREE, THE
 COMPLETION OF AT LEAST TWO YEARS OF FULL-TIME  WORK  EXPERIENCE  IN  THE
 FIVE  YEARS  PRECEDING  THE  DATE  OF APPLICATION IN THE MEDICAL PHYSICS
 SPECIALTY FOR WHICH APPLICATION IS MADE AND THE EQUIVALENT OF  ONE  YEAR
 OR MORE OF FULL-TIME WORK EXPERIENCE IN THE TEN YEARS PRECEDING THE DATE
 OF  APPLICATION  FOR  EACH ADDITIONAL SPECIALTY FOR WHICH APPLICATION IS
 MADE.
   2. ON RECEIPT OF AN APPLICATION AND FEE PURSUANT  TO  SECTION  EIGHTY-
 SEVEN  HUNDRED FIVE OF THIS TITLE, THE DEPARTMENT MAY ISSUE A LICENSE TO
 PRACTICE MEDICAL PHYSICS WITH SPECIAL COMPETENCY IN ONE OR MORE SPECIAL-
 TIES IN THIS STATE TO A PERSON WHO HOLDS A LICENSE TO  PRACTICE  MEDICAL
 S. 4007                            472                           A. 3007
 
 PHYSICS  IN  ANOTHER  STATE, TERRITORY OR JURISDICTION THAT HAS REQUIRE-
 MENTS FOR LICENSING OF MEDICAL PHYSICISTS WHICH  THE  DEPARTMENT  DETER-
 MINES TO BE SUBSTANTIALLY THE SAME AS THE REQUIREMENTS OF THIS TITLE.
   §  8709.  SEPARABILITY. IF ANY SECTION OF THIS TITLE, OR PART THEREOF,
 SHALL BE ADJUDGED BY ANY COURT OF COMPETENT JURISDICTION TO BE  INVALID,
 SUCH  JUDGMENT  SHALL  NOT AFFECT, IMPAIR OR INVALIDATE THE REMAINDER OF
 ANY OTHER SECTION OR PART THEREOF.
                                 TITLE 29
                         APPLIED BEHAVIOR ANALYSIS
 SECTION 8800. INTRODUCTION.
         8801. DEFINITIONS.
         8802. DEFINITION OF THE PRACTICE OF "APPLIED BEHAVIOR ANALYSIS".
         8803. THE PRACTICE OF AND USE OF THE  TITLE  "LICENSED  BEHAVIOR
                 ANALYST" OR "CERTIFIED BEHAVIOR ANALYST ASSISTANT".
         8804. REQUIREMENTS AND PROCEDURES FOR PROFESSIONAL LICENSURE.
         8805. SPECIAL PROVISIONS.
         8806. LIMITED PERMITS.
         8807. EXEMPTIONS.
         8808. STATE BOARD FOR APPLIED BEHAVIOR ANALYSIS.
   §  8800.  INTRODUCTION. THIS TITLE APPLIES TO THE PROFESSION AND PRAC-
 TICE OF APPLIED BEHAVIOR ANALYSIS AND TO THE USE OF THE TITLES "LICENSED
 BEHAVIOR ANALYST" AND "CERTIFIED BEHAVIOR ANALYST ASSISTANT". THE GENER-
 AL PROVISIONS FOR ALL LICENSED HEALTHCARE PROFESSIONS CONTAINED IN TITLE
 ONE OF THIS ARTICLE SHALL APPLY TO THIS TITLE.
   § 8801. DEFINITIONS. AS USED IN THIS TITLE, THE FOLLOWING  TERM  SHALL
 HAVE  THE  FOLLOWING MEANING: "APPLIED BEHAVIOR ANALYSIS" OR "ABA" MEANS
 THE DESIGN, IMPLEMENTATION, AND EVALUATION  OF  ENVIRONMENTAL  MODIFICA-
 TIONS,  USING  BEHAVIORAL  STIMULI AND CONSEQUENCES, TO PRODUCE SOCIALLY
 SIGNIFICANT IMPROVEMENT IN HUMAN BEHAVIOR, INCLUDING THE USE  OF  DIRECT
 OBSERVATION,  MEASUREMENT,  AND  FUNCTIONAL ANALYSIS OF THE RELATIONSHIP
 BETWEEN ENVIRONMENT AND BEHAVIOR.
   § 8802. DEFINITION OF THE PRACTICE OF "APPLIED BEHAVIOR ANALYSIS".  1.
 THE  PRACTICE  OF  APPLIED  BEHAVIOR  ANALYSIS  BY  A "LICENSED BEHAVIOR
 ANALYST" SHALL MEAN THE DESIGN, IMPLEMENTATION AND EVALUATION  OF  ENVI-
 RONMENTAL  MODIFICATIONS,  USING BEHAVIORAL STIMULI AND CONSEQUENCES, TO
 PRODUCE SOCIALLY SIGNIFICANT IMPROVEMENT IN  HUMAN  BEHAVIOR,  INCLUDING
 THE  USE  OF DIRECT OBSERVATION, MEASUREMENT, AND FUNCTIONAL ANALYSIS OF
 THE RELATIONSHIP BETWEEN ENVIRONMENT AND BEHAVIOR, PURSUANT TO A DIAGNO-
 SIS AND PRESCRIPTION OR ORDER FROM A PERSON WHO IS LICENSED OR OTHERWISE
 AUTHORIZED TO  PROVIDE  SUCH  DIAGNOSIS  AND  PRESCRIPTION  OR  ORDERING
 SERVICES  PURSUANT  TO  A  PROFESSION  ENUMERATED IN THIS TITLE, FOR THE
 PURPOSE OF PROVIDING BEHAVIORAL HEALTH TREATMENT FOR PERSONS WITH AUTISM
 AND AUTISM SPECTRUM DISORDERS AND RELATED DISORDERS.
   2. THE PRACTICE OF APPLIED BEHAVIOR ANALYSIS BY A  "LICENSED  BEHAVIOR
 ANALYST"  SHALL  MEAN THE DESIGN, IMPLEMENTATION AND EVALUATION OF ENVI-
 RONMENTAL MODIFICATIONS, USING BEHAVIORAL STIMULI AND  CONSEQUENCES,  TO
 PRODUCE  SOCIALLY  SIGNIFICANT  IMPROVEMENT IN HUMAN BEHAVIOR, INCLUDING
 THE USE OF DIRECT OBSERVATION, MEASUREMENT, AND FUNCTIONAL  ANALYSIS  OF
 THE RELATIONSHIP BETWEEN ENVIRONMENT AND BEHAVIOR, PURSUANT TO A DIAGNO-
 SIS AND PRESCRIPTION OR ORDER FROM A PERSON WHO IS LICENSED OR OTHERWISE
 AUTHORIZED  TO  PROVIDE  SUCH  DIAGNOSIS  AND  PRESCRIPTION  OR ORDERING
 SERVICES PURSUANT TO A PROFESSION ENUMERATED  IN  THIS  TITLE,  FOR  THE
 PURPOSE  OF  PROVIDING BEHAVIORAL HEALTH TREATMENT. FOR PURPOSES OF THIS
 SECTION,  PRESCRIPTIONS  OR  ORDERS  FOR  BEHAVIORAL  HEALTH   TREATMENT
 PROVIDED  BY  A  LICENSED BEHAVIOR ANALYST SHALL BE LIMITED TO PROVIDING
 TREATMENT TO INDIVIDUALS WITH BEHAVIORAL HEALTH CONDITIONS  THAT  APPEAR
 S. 4007                            473                           A. 3007
 
 IN  THE  MOST RECENT EDITION OF THE DIAGNOSTIC AND STATISTICAL MANUAL OF
 MENTAL DISORDERS, PUBLISHED BY THE AMERICAN PSYCHIATRIC ASSOCIATION,  OR
 AN  EQUIVALENT CLASSIFICATION SYSTEM AS DETERMINED BY THE DEPARTMENT. IN
 ADDITION,  LICENSED  BEHAVIOR  ANALYSTS PROVIDING SERVICES PURSUANT TO A
 PRESCRIPTION OR ORDER, AS AUTHORIZED BY THIS SECTION,  SHALL  PROVIDE  A
 REPORT  AT  LEAST ANNUALLY REGARDING THE STATUS OF THE INDIVIDUAL SERVED
 TO THE LICENSED PERSON PRESCRIBING OR  ORDERING  SUCH  SERVICE  OR  MORE
 FREQUENTLY,  IF  NEEDED,  IN  ORDER TO REPORT SIGNIFICANT CHANGES IN THE
 CONDITION OF THE INDIVIDUAL.
   3. THE PRACTICE OF APPLIED BEHAVIOR ANALYSIS BY A "CERTIFIED  BEHAVIOR
 ANALYST  ASSISTANT"  MEANS  THE  SERVICES  AND  ACTIVITIES PROVIDED BY A
 PERSON CERTIFIED IN ACCORDANCE WITH  THIS  TITLE  WHO  WORKS  UNDER  THE
 SUPERVISION  OF  A  LICENSED  BEHAVIOR  ANALYST  TO PERFORM SUCH PATIENT
 RELATED APPLIED BEHAVIOR ANALYSIS TASKS AS ARE ASSIGNED BY THE SUPERVIS-
 ING LICENSED BEHAVIOR ANALYST.   SUPERVISION  OF  A  CERTIFIED  BEHAVIOR
 ANALYST  ASSISTANT BY A LICENSED BEHAVIOR ANALYST SHALL BE IN ACCORDANCE
 WITH REGULATIONS OF THE COMMISSIONER. NO LICENSED BEHAVIOR ANALYST SHALL
 SUPERVISE MORE THAN SIX CERTIFIED BEHAVIOR ANALYST ASSISTANTS.
   4. THE PRACTICE OF APPLIED BEHAVIOR ANALYSIS SHALL NOT INCLUDE DIAGNO-
 SIS OF A DISORDER OR CONDITION FOR WHICH  ABA  MAY  BE  APPROPRIATE,  OR
 PRESCRIBING OR ORDERING ABA FOR A PARTICULAR INDIVIDUAL.
   5.  ANY INDIVIDUAL WHOSE LICENSE OR AUTHORITY TO PRACTICE DERIVES FROM
 THE PROVISIONS OF THIS TITLE SHALL BE PROHIBITED FROM:
   A. PRESCRIBING OR ADMINISTERING DRUGS AS DEFINED IN THIS CHAPTER OR AS
 A TREATMENT, THERAPY, OR PROFESSIONAL SERVICE IN THE PRACTICE OF HIS  OR
 HER PROFESSION; OR
   B.  USING INVASIVE PROCEDURES AS A TREATMENT, THERAPY, OR PROFESSIONAL
 SERVICE IN THE PRACTICE OF HIS OR HER PROFESSION. FOR PURPOSES  OF  THIS
 SUBDIVISION,  "INVASIVE  PROCEDURE"  MEANS  ANY PROCEDURE IN WHICH HUMAN
 TISSUE IS CUT, ALTERED, OR OTHERWISE INFILTRATED BY MECHANICAL OR  OTHER
 MEANS.    INVASIVE  PROCEDURE  INCLUDES, BUT IS NOT LIMITED TO, SURGERY,
 LASERS, IONIZING RADIATION, THERAPEUTIC ULTRASOUND, OR ELECTROCONVULSIVE
 THERAPY.
   § 8803. THE PRACTICE OF  AND  USE  OF  THE  TITLE  "LICENSED  BEHAVIOR
 ANALYST"  OR  "CERTIFIED  BEHAVIOR  ANALYST  ASSISTANT".  ONLY  A PERSON
 LICENSED, CERTIFIED OR EXEMPT UNDER THIS TITLE  SHALL  PRACTICE  APPLIED
 BEHAVIOR  ANALYSIS. ONLY A PERSON LICENSED OR CERTIFIED UNDER THIS TITLE
 SHALL USE THE TITLES "LICENSED BEHAVIOR ANALYST" OR "CERTIFIED  BEHAVIOR
 ANALYST ASSISTANT".
   §  8804. REQUIREMENTS AND PROCEDURES FOR PROFESSIONAL LICENSURE. 1. TO
 QUALIFY FOR CERTIFICATION AS A CERTIFIED BEHAVIOR ANALYST ASSISTANT,  AN
 APPLICANT SHALL FULFILL THE FOLLOWING REQUIREMENTS:
   A. APPLICATION: FILE AN APPLICATION WITH THE DEPARTMENT;
   B.  EDUCATION:  HAVE  RECEIVED AN EDUCATION, INCLUDING A BACHELOR'S OR
 HIGHER DEGREE FROM A PROGRAM REGISTERED BY THE DEPARTMENT OR  DETERMINED
 BY  THE  DEPARTMENT TO BE THE SUBSTANTIAL EQUIVALENT THEREOF, IN ACCORD-
 ANCE WITH THE COMMISSIONER'S REGULATIONS.
   C. EXPERIENCE: HAVE EXPERIENCE IN THE  PRACTICE  OF  APPLIED  BEHAVIOR
 ANALYSIS SATISFACTORY TO THE BOARD AND THE DEPARTMENT IN ACCORDANCE WITH
 THE COMMISSIONER'S REGULATIONS.
   D.  EXAMINATION:  PASS  AN EXAMINATION ACCEPTABLE TO THE BOARD AND THE
 DEPARTMENT IN ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS.
   E. AGE: BE AT LEAST TWENTY-ONE YEARS OF AGE;
   F. CHARACTER: BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE  DEPART-
 MENT AND SUBMIT AN ATTESTATION OF MORAL CHARACTER; AND
 S. 4007                            474                           A. 3007
 
   G.  FEE: PAY A FEE OF ONE HUNDRED FIFTY DOLLARS FOR AN INITIAL LICENSE
 AND A FEE OF SEVENTY-FIVE DOLLARS FOR EACH TRIENNIAL REGISTRATION  PERI-
 OD.
   2.  TO QUALIFY FOR A LICENSE AS A LICENSED BEHAVIOR ANALYST, AN APPLI-
 CANT SHALL FULFILL THE FOLLOWING REQUIREMENTS:
   A. APPLICATION: FILE AN APPLICATION WITH THE DEPARTMENT;
   B. EDUCATION: HAVE RECEIVED AN  EDUCATION,  INCLUDING  A  MASTER'S  OR
 HIGHER  DEGREE FROM A PROGRAM REGISTERED BY THE DEPARTMENT OR DETERMINED
 BY THE DEPARTMENT TO BE THE SUBSTANTIAL EQUIVALENT, THEREOF, IN  ACCORD-
 ANCE WITH THE COMMISSIONER'S REGULATIONS.
   C.  EXPERIENCE:  HAVE  EXPERIENCE  IN THE PRACTICE OF APPLIED BEHAVIOR
 ANALYSIS SATISFACTORY TO THE BOARD AND THE DEPARTMENT IN ACCORDANCE WITH
 THE COMMISSIONER'S REGULATIONS.
   D. EXAMINATION: PASS AN EXAMINATION ACCEPTABLE TO THE  BOARD  AND  THE
 DEPARTMENT IN ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS.
   E. AGE: BE AT LEAST TWENTY-ONE YEARS OF AGE;
   F.  CHARACTER: BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE DEPART-
 MENT AND SUBMIT AN ATTESTATION OF MORAL CHARACTER; AND
   G. FEE: PAY A FEE OF TWO HUNDRED DOLLARS FOR AN INITIAL LICENSE AND  A
 FEE OF ONE HUNDRED DOLLARS FOR EACH TRIENNIAL REGISTRATION PERIOD.
   §  8805.  SPECIAL PROVISIONS. AN INDIVIDUAL WHO MEETS THE REQUIREMENTS
 FOR A LICENSE OR CERTIFICATION AS  A  LICENSED  BEHAVIOR  ANALYST  OR  A
 CERTIFIED BEHAVIOR ANALYST ASSISTANT, EXCEPT FOR EXAMINATION, EXPERIENCE
 AND EDUCATION, AND WHO IS CERTIFIED OR REGISTERED BY A NATIONAL CERTIFY-
 ING  BODY  HAVING  CERTIFICATION OR REGISTRATION STANDARDS ACCEPTABLE TO
 THE COMMISSIONER, MAY BE LICENSED OR CERTIFIED,  WITHOUT  MEETING  ADDI-
 TIONAL   REQUIREMENTS  AS  TO  EXAMINATION,  EXPERIENCE  AND  EDUCATION,
 PROVIDED THAT SUCH INDIVIDUAL SUBMITS AN APPLICATION TO  THE  DEPARTMENT
 WITHIN TWO YEARS OF THE EFFECTIVE DATE OF THIS SECTION.
   §  8806.  LIMITED  PERMITS.  THE  FOLLOWING REQUIREMENTS FOR A LIMITED
 PERMIT SHALL APPLY TO ALL PROFESSIONS LICENSED OR CERTIFIED PURSUANT  TO
 THIS TITLE:
   1. THE DEPARTMENT MAY ISSUE A LIMITED PERMIT TO AN APPLICANT WHO MEETS
 ALL  QUALIFICATIONS FOR LICENSURE, EXCEPT THE EXAMINATION AND/OR EXPERI-
 ENCE REQUIREMENTS, IN ACCORDANCE WITH REGULATIONS PROMULGATED THEREFOR.
   2. LIMITED PERMITS SHALL BE FOR ONE YEAR; SUCH LIMITED PERMITS MAY  BE
 RENEWED, AT THE DISCRETION OF THE DEPARTMENT, FOR ONE ADDITIONAL YEAR.
   3.  THE  FEE  FOR  EACH  LIMITED  PERMIT AND FOR EACH RENEWAL SHALL BE
 SEVENTY DOLLARS.
   4. A LIMITED PERMIT HOLDER SHALL PRACTICE ONLY  UNDER  SUPERVISION  AS
 DETERMINED IN ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS.
   §  8807.  EXEMPTIONS.  1.  NOTHING  CONTAINED  IN  THIS TITLE SHALL BE
 CONSTRUED TO LIMIT THE  SCOPES  OF  PRACTICE  OF  ANY  OTHER  PROFESSION
 LICENSED UNDER THIS TITLE.
   2.  NOTHING  IN  THIS TITLE SHALL BE CONSTRUED AS PROHIBITING A PERSON
 FROM PERFORMING THE DUTIES OF A LICENSED BEHAVIOR ANALYST OR A CERTIFIED
 BEHAVIOR ANALYST ASSISTANT, IN THE COURSE OF SUCH  EMPLOYMENT,  IF  SUCH
 PERSON IS EMPLOYED:
   A. BY A FEDERAL, STATE, COUNTY OR MUNICIPAL AGENCY, OR OTHER POLITICAL
 SUBDIVISION;
   B.  BY  A  CHARTERED ELEMENTARY OR SECONDARY SCHOOL OR DEGREE-GRANTING
 INSTITUTION;
   C. AS A CERTIFIED TEACHER OR TEACHING ASSISTANT, OTHER  THAN  A  PUPIL
 PERSONNEL  SERVICES  PROFESSIONAL,  IN AN APPROVED PROGRAM AS DEFINED IN
 PARAGRAPH B OF SUBDIVISION ONE OF SECTION FORTY-FOUR HUNDRED TEN OF  THE
 EDUCATION LAW; OR
 S. 4007                            475                           A. 3007
 
   D.  IN  A  SETTING  TO THE EXTENT THAT THE EXEMPTION IN PARAGRAPH D OF
 SUBDIVISION SIX OF SECTION FORTY-FOUR HUNDRED TEN OF THE  EDUCATION  LAW
 APPLIES.
   3. NOTHING IN THIS TITLE SHALL BE CONSTRUED AS PROHIBITING A CERTIFIED
 TEACHER  OR  TEACHING  ASSISTANT,  OTHER THAN A PUPIL PERSONNEL SERVICES
 PROFESSIONAL, FROM PERFORMING THE DUTIES OF A LICENSED BEHAVIOR  ANALYST
 OR  CERTIFIED  BEHAVIOR ANALYST ASSISTANT, IN THE COURSE OF SUCH EMPLOY-
 MENT OR CONTRACTUAL AGREEMENT, IF SUCH PERSON IS EMPLOYED OR  CONTRACTED
 WITH  AN  AGENCY  APPROVED  BY THE DEPARTMENT OF HEALTH TO PROVIDE EARLY
 INTERVENTION SERVICES OR HAS AN AGREEMENT WITH THE DEPARTMENT OF  HEALTH
 TO  PROVIDE EARLY INTERVENTION SERVICES PURSUANT TO TITLE TWO-A OF ARTI-
 CLE TWENTY-FIVE OF THIS CHAPTER.
   4. NOTHING IN THIS TITLE SHALL BE CONSTRUED AS PROHIBITING THE  ACTIV-
 ITIES  AND  SERVICES  REQUIRED  OF  A STUDENT, INTERN, OR RESIDENT IN AN
 EDUCATIONAL PROGRAM ACCEPTABLE TO THE DEPARTMENT PURSUANT TO THE COMMIS-
 SIONER'S REGULATIONS, PURSUING A COURSE OF STUDY LEADING TO A BACHELOR'S
 OR HIGHER DEGREE IN AN EDUCATIONAL PROGRAM ACCEPTABLE TO THE  DEPARTMENT
 PURSUANT TO THE COMMISSIONER'S REGULATIONS IN AN INSTITUTION APPROVED BY
 THE  DEPARTMENT, PROVIDED THAT SUCH ACTIVITIES AND SERVICES CONSTITUTE A
 PART OF HIS OR HER SUPERVISED COURSE OF STUDY IN AN EDUCATIONAL  PROGRAM
 ACCEPTABLE TO THE DEPARTMENT PURSUANT TO THE COMMISSIONER'S REGULATIONS.
 SUCH  PERSON SHALL BE DESIGNATED BY TITLE WHICH CLEARLY INDICATES HIS OR
 HER TRAINING STATUS.
   5. NOTHING IN THIS TITLE SHALL BE CONSTRUED TO  AFFECT  OR  PREVENT  A
 PERSON  WITHOUT  A LICENSE OR OTHER AUTHORIZATION PURSUANT TO THIS TITLE
 FROM PERFORMING ASSESSMENTS,  INCLUDING  COLLECTING  BASIC  INFORMATION,
 GATHERING  DEMOGRAPHIC  DATA,  AND MAKING INFORMAL OBSERVATIONS, FOR THE
 PURPOSE OF DETERMINING NEED FOR  SERVICES  UNRELATED  TO  AN  ABA  PLAN.
 FURTHER,  LICENSURE OR AUTHORIZATION PURSUANT TO THIS TITLE SHALL NOT BE
 REQUIRED TO CREATE, DEVELOP OR IMPLEMENT A SERVICE PLAN UNRELATED TO  AN
 ABA  PLAN.  THIS  TITLE  SHALL NOT APPLY TO BEHAVIORAL HEALTH TREATMENTS
 OTHER THAN ABA THAT MAY BE PROVIDED  TO  PERSONS  WITH  AUTISM  SPECTRUM
 DISORDER.  A  LICENSE UNDER THIS TITLE SHALL NOT BE REQUIRED FOR PERSONS
 TO PARTICIPATE AS A MEMBER OF A MULTI-DISCIPLINARY TEAM TO IMPLEMENT  AN
 ABA  PLAN;  PROVIDED,  HOWEVER, THAT SUCH TEAM SHALL INCLUDE ONE OR MORE
 PROFESSIONALS LICENSED UNDER THIS TITLE OR TITLES TWO, SEVENTEEN,  EIGH-
 TEEN  OR  TWENTY-FIVE  OF  THIS  ARTICLE;  AND PROVIDED FURTHER THAT THE
 ACTIVITIES PERFORMED BY MEMBERS OF THE TEAM SHALL BE CONSISTENT WITH THE
 SCOPE OF PRACTICE FOR EACH TEAM MEMBER LICENSED OR AUTHORIZED UNDER THIS
 TITLE, AND THOSE WHO ARE NOT SO AUTHORIZED MAY NOT ENGAGE IN THE FOLLOW-
 ING RESTRICTED PRACTICES: CREATION, MODIFICATION OR  TERMINATION  OF  AN
 ABA  PLAN;  DIAGNOSIS  OF  MENTAL,  EMOTIONAL, BEHAVIORAL, ADDICTIVE AND
 DEVELOPMENTAL DISORDERS AND DISABILITIES; PATIENT ASSESSMENT AND  EVALU-
 ATING;  PROVISION OF PSYCHOTHERAPEUTIC TREATMENT; PROVISION OF TREATMENT
 OTHER THAN PSYCHOTHERAPEUTIC TREATMENT; AND DEVELOPMENT AND  IMPLEMENTA-
 TION  OF ASSESSMENT-BASED TREATMENT PLANS, AS DEFINED IN SECTION EIGHTY-
 EIGHT HUNDRED TWO OF THIS TITLE. PROVIDED FURTHER, HOWEVER, THAT NOTHING
 IN THIS SUBDIVISION SHALL BE CONSTRUED AS REQUIRING A LICENSE OR AUTHOR-
 IZATION FOR ANY PARTICULAR ACTIVITY OR FUNCTION BASED SOLELY ON THE FACT
 THAT THE ACTIVITY  OR  FUNCTION  IS  NOT  LISTED  IN  THIS  SUBDIVISION.
 PROVIDED  FURTHER,  HOWEVER,  THAT  NOTHING  IN  THIS  SUBDIVISION SHALL
 AUTHORIZE THE DELEGATION OF RESTRICTED ACTIVITIES TO AN  INDIVIDUAL  WHO
 IS NOT APPROPRIATELY LICENSED OR AUTHORIZED UNDER THIS TITLE.
   6.  NOTHING  IN  THIS TITLE SHALL BE CONSTRUED AS PROHIBITING AN EARLY
 INTERVENTION ABA  AIDE,  PURSUANT  TO  REGULATIONS  PROMULGATED  BY  THE
 COMMISSIONER, AND ACTING UNDER THE SUPERVISION AND DIRECTION OF A QUALI-
 S. 4007                            476                           A. 3007
 
 FIED SUPERVISOR WHO IS LICENSED OR OTHERWISE AUTHORIZED PURSUANT TO THIS
 CHAPTER FROM:
   (A)  ASSISTING  THE SUPERVISOR AND QUALIFIED PERSONNEL WITH THE IMPLE-
 MENTATION OF INDIVIDUAL ABA PLANS;
   (B) ASSISTING IN THE RECORDING AND COLLECTION OF DATA NEEDED TO  MONI-
 TOR PROGRESS;
   (C) PARTICIPATING IN REQUIRED TEAM MEETINGS; AND
   (D) COMPLETING ANY OTHER ACTIVITIES AS DIRECTED BY HIS OR HER SUPERVI-
 SOR  AND  AS NECESSARY TO ASSIST IN THE IMPLEMENTATION OF INDIVIDUAL ABA
 PLANS. PROVIDED HOWEVER, THAT NOTHING IN THIS SUBDIVISION SHALL  AUTHOR-
 IZE  THE DELEGATION OF RESTRICTED ACTIVITIES TO AN INDIVIDUAL WHO IS NOT
 APPROPRIATELY  LICENSED  OR  OTHERWISE  AUTHORIZED  UNDER  THIS   TITLE;
 PROVIDED  FURTHER  HOWEVER,  THAT  IN  REGARD  TO THE EARLY INTERVENTION
 PROGRAM ESTABLISHED PURSUANT TO TITLE TWO-A OF  ARTICLE  TWENTY-FIVE  OF
 THIS  CHAPTER,  AN EARLY INTERVENTION ABA AIDE UNDER THE SUPERVISION AND
 DIRECTION OF A QUALIFIED SUPERVISOR MAY COMPLETE ACTIVITIES NECESSARY TO
 ASSIST IN THE IMPLEMENTATION OF AN INDIVIDUAL ABA  PLAN,  PROVIDED  THAT
 SUCH ACTIVITIES DO NOT REQUIRE PROFESSIONAL SKILL OR JUDGMENT.
   7. THIS TITLE SHALL NOT BE CONSTRUED TO PROHIBIT CARE DELIVERED 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 APPLIED BEHAVIOR
 ANALYSIS UNDER THE PROVISIONS OF THIS  TITLE;  PROVIDED  THAT,  IF  SUCH
 PERSON  IS  REMUNERATED, THE PERSON DOES NOT HOLD HIMSELF OR HERSELF OUT
 AS ONE WHO ACCEPTS EMPLOYMENT FOR PERFORMING SUCH CARE.
   8. NOTHING IN THIS TITLE SHALL BE CONSTRUED  AS  PROHIBITING  PROGRAMS
 CERTIFIED  BY THE OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES FROM
 PROVIDING SUBSTANCE USE DISORDER SERVICES FOR PERSONS  WITH  AUTISM  AND
 AUTISM SPECTRUM DISORDERS AND RELATED DISORDERS.
   §  8808.  STATE  BOARD FOR APPLIED BEHAVIOR ANALYSIS. 1. A STATE BOARD
 FOR APPLIED BEHAVIOR ANALYSIS SHALL BE APPOINTED BY THE COMMISSIONER AND
 SHALL ASSIST ON MATTERS OF LICENSING AND PROFESSIONAL CONDUCT IN ACCORD-
 ANCE WITH SECTION SIXTY-FIVE HUNDRED EIGHT OF THIS ARTICLE. AN EXECUTIVE
 SECRETARY OF THE BOARD SHALL BE APPOINTED BY THE COMMISSIONER.
   2. THE BOARD SHALL CONSIST OF SEVEN INDIVIDUALS, TO BE COMPOSED OF THE
 FOLLOWING:
   (A) THREE LICENSED BEHAVIOR ANALYSTS;
   (B) ONE CERTIFIED BEHAVIOR ANALYST ASSISTANT;
   (C) ONE LICENSED PSYCHOLOGIST, WHO MAY CURRENTLY  PRESCRIBE  TREATMENT
 INVOLVING APPLIED BEHAVIOR ANALYSIS IN HIS OR HER PROFESSIONAL PRACTICE;
 AND
   (D)  TWO PUBLIC REPRESENTATIVES, AS DEFINED IN PARAGRAPH B OF SUBDIVI-
 SION ONE OF SECTION SIXTY-FIVE HUNDRED EIGHT OF THIS ARTICLE.
                                 TITLE 30
                     LICENSED PATHOLOGISTS' ASSISTANTS
 SECTION 8850. DEFINITIONS.
         8851. PRACTICE AS PATHOLOGISTS' ASSISTANT AND USE OF  THE  TITLE
                 "PATHOLOGISTS' ASSISTANT".
         8852. REQUIREMENTS FOR LICENSURE AS A PATHOLOGISTS' ASSISTANT.
         8853. SPECIAL PROVISIONS; ELIGIBILITY.
         8854. STATE COMMITTEE FOR PATHOLOGISTS' ASSISTANTS.
         8855. LIMITED PERMITS.
         8856. EXEMPTIONS AND EXEMPT PERSONS.
   § 8850. DEFINITIONS. AS USED IN THIS TITLE: 1. THE TERM "PATHOLOGISTS'
 ASSISTANT"  MEANS  A  PERSON  LICENSED TO ASSIST PHYSICIANS WHO PRACTICE
 PATHOLOGY BY PROVIDING SERVICES WITHIN THE PERMITTED SCOPE  OF  PRACTICE
 S. 4007                            477                           A. 3007
 
 FOR  PATHOLOGISTS'  ASSISTANTS  AS  DEFINED  IN SUBDIVISION FOUR OF THIS
 SECTION. ALL SUCH SERVICES SHALL BE PERFORMED UNDER  THE  DIRECTION  AND
 SUPERVISION OF A LICENSED PHYSICIAN WHO PRACTICES ANATOMIC PATHOLOGY.
   2. THE TERM "DIRECTION AND SUPERVISION" MEANS CONTINUOUS DIRECTION AND
 SUPERVISION,  BUT  SHALL  NOT  BE CONSTRUED AS NECESSARILY REQUIRING THE
 PHYSICAL PRESENCE OF THE SUPERVISING PHYSICIAN AT  THE  TIME  AND  PLACE
 WHERE SUCH SERVICES ARE PERFORMED.
   3.  THE  TERM "PHYSICIAN" MEANS A PRACTITIONER OF MEDICINE LICENSED TO
 PRACTICE MEDICINE PURSUANT TO TITLE TWO OF THIS ARTICLE.
   4. THE TERM "SCOPE OF PRACTICE FOR PATHOLOGISTS' ASSISTANTS" MEANS THE
 PROVISION OF THE FOLLOWING SERVICES UNDER THE DIRECTION AND  SUPERVISION
 OF  A  LICENSED PHYSICIAN WHO PRACTICES ANATOMIC PATHOLOGY: A. PREPARING
 GROSS TISSUE SECTIONS FOR PATHOLOGY ANALYSIS, INCLUDING BUT NOT  LIMITED
 TO,  CUTTING,  STAINING AS REQUIRED, DESCRIBING GROSS ANATOMIC FEATURES,
 DISSECTING SURGICAL SPECIMENS, AND SUBMITTING TISSUES  FOR  BIO-BANKING,
 HISTOLOGIC PROCESSING, OR OTHER ANALYSES; B. PERFORMING HUMAN POSTMORTEM
 EXAMINATIONS,  INCLUDING  BUT  NOT  LIMITED TO, SELECTION OF TISSUES AND
 FLUIDS FOR FURTHER EXAMINATION, EXTERNAL  EXAMINATION,  DISSECTION,  AND
 GATHERING  AND  RECORDING  INFORMATION FOR AUTOPSY REPORTS; AND C. OTHER
 FUNCTIONS AND RESPONSIBILITIES IN FURTHERANCE OF AND CONSISTENT WITH THE
 FOREGOING AS DETERMINED BY THE DEPARTMENT. THE TERM DOES NOT INCLUDE THE
 AUTHORITY TO DIAGNOSE OR  PROVIDE  A  MEDICAL  OPINION.  SERVICES  OF  A
 PATHOLOGISTS'  ASSISTANT MUST BE PERFORMED IN A LABORATORY OR OTHER SITE
 AUTHORIZED UNDER LAW TO PERFORM SUCH SERVICES.
   5. THE TERM "COMMITTEE" MEANS THE STATE  COMMITTEE  FOR  PATHOLOGISTS'
 ASSISTANTS CREATED BY THIS TITLE.
   §  8851.  PRACTICE  AS  PATHOLOGISTS'  ASSISTANT  AND USE OF THE TITLE
 "PATHOLOGISTS' ASSISTANT". ONLY PERSONS LICENSED OR OTHERWISE AUTHORIZED
 TO PRACTICE AS A PATHOLOGISTS' ASSISTANT UNDER THIS TITLE SHALL PRACTICE
 PATHOLOGIST ASSISTING OR USE THE TITLE "PATHOLOGISTS' ASSISTANT" OR  THE
 TERM  "PATHOLOGISTS' ASSISTANT" ALONE OR IN COMBINATION WITH OTHER TERMS
 AND PHRASES IN DESCRIBING THEIR SERVICES AND ACTIVITIES  OR  THE  DESIG-
 NATION "PATH A".
   §  8852.  REQUIREMENTS  FOR LICENSURE AS A PATHOLOGISTS' ASSISTANT. TO
 QUALIFY FOR LICENSURE AS A "LICENSED PATHOLOGISTS' ASSISTANT", AN APPLI-
 CANT SHALL FULFILL THE FOLLOWING REQUIREMENTS:
   1. APPLICATION: FILE AN APPLICATION WITH THE DEPARTMENT;
   2. EDUCATION: RECEIVE AN EDUCATION, INCLUDING A BACHELOR'S  OR  HIGHER
 DEGREE IN PATHOLOGISTS' ASSISTANT, GRANTED ON THE BASIS OF COMPLETION OF
 A  PROGRAM  OF PATHOLOGISTS' ASSISTANT REGISTERED WITH THE DEPARTMENT OR
 THE SUBSTANTIAL EQUIVALENT THEREOF, IN ACCORDANCE WITH  THE  COMMISSION-
 ER'S REGULATIONS;
   3. EXAMINATION: OBTAIN A PASSING SCORE ON AN EXAMINATION ACCEPTABLE TO
 THE DEPARTMENT;
   4.  AGE:  AT  THE  TIME OF APPLICATION BE AT LEAST TWENTY-ONE YEARS OF
 AGE;
   5. CHARACTER: BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE  DEPART-
 MENT; AND
   6.  FEE: PAY A FEE DETERMINED BY THE DEPARTMENT FOR AN INITIAL LICENSE
 AND FOR EACH TRIENNIAL REGISTRATION PERIOD.
   § 8853. SPECIAL PROVISIONS; ELIGIBILITY. AN INDIVIDUAL WHO  MEETS  THE
 REQUIREMENTS  FOR A LICENSE AS A LICENSED PATHOLOGISTS' ASSISTANT EXCEPT
 FOR EXAMINATION AND EDUCATION AND WHO HAS BEEN PERFORMING THE DUTIES  OF
 A  PATHOLOGISTS' ASSISTANT FOR TWO OF THE FIVE YEARS PRIOR TO THE EFFEC-
 TIVE DATE OF THIS TITLE  MAY  BE  LICENSED  WITHOUT  MEETING  ADDITIONAL
 REQUIREMENTS,  PROVIDED  THAT  SUCH INDIVIDUAL SUBMITS AN APPLICATION TO
 S. 4007                            478                           A. 3007
 
 THE DEPARTMENT WITHIN TWO YEARS OF THE EFFECTIVE DATE OF THIS TITLE. FOR
 THIS PURPOSE, THE APPLICANT'S SUPERVISING PHYSICIANS MUST ATTEST TO  THE
 APPLICANT'S EXPERIENCE AND COMPETENCE.
   §  8854.  STATE  COMMITTEE  FOR  PATHOLOGISTS'  ASSISTANTS. 1. A STATE
 COMMITTEE FOR PATHOLOGISTS' ASSISTANTS SHALL BE APPOINTED BY THE COMMIS-
 SIONER AS A COMMITTEE OF THE BOARD  OF  MEDICINE  TO  ADVISE  SOLELY  ON
 MATTERS RELATING TO PATHOLOGISTS' ASSISTANTS AND SHALL ASSIST ON MATTERS
 OF  LICENSURE  AND  PROFESSIONAL  CONDUCT.  THE  PATHOLOGISTS' ASSISTANT
 MEMBERS OF THE INITIAL COMMITTEE NEED NOT BE  LICENSED  PRIOR  TO  THEIR
 APPOINTMENT  BUT  SHALL  HAVE  MET  ALL  OTHER REQUIREMENTS OF LICENSING
 PURSUANT TO SECTION EIGHTY-EIGHT HUNDRED FIFTY-TWO OF THIS TITLE  EXCEPT
 THE FILING OF AN APPLICATION AND PAYING A FEE.
   2.  THE  COMMITTEE SHALL CONSIST OF NO FEWER THAN FIVE INDIVIDUALS, TO
 BE COMPOSED OF A MINIMUM OF THE FOLLOWING:
   (A) ONE LICENSED PHYSICIAN WHO PRACTICES PATHOLOGY;
   (B) THREE LICENSED PATHOLOGISTS' ASSISTANTS; AND
   (C) ONE PUBLIC REPRESENTATIVE.
   § 8855. LIMITED PERMITS. 1. ELIGIBILITY. A  PERSON  WHO  FULFILLS  ALL
 REQUIREMENTS  FOR  LICENSURE  AS  A  PATHOLOGISTS' ASSISTANT EXCEPT THAT
 RELATING TO THE EXAMINATION SHALL BE ELIGIBLE FOR A LIMITED PERMIT.
   2. LIMIT OF PRACTICE. A PERMITTEE SHALL BE AUTHORIZED TO PRACTICE AS A
 PATHOLOGISTS' ASSISTANT ONLY UNDER THE DIRECTION AND  SUPERVISION  OF  A
 LICENSED  PHYSICIAN WHO PRACTICES ANATOMIC PATHOLOGY AND PURSUANT TO THE
 ORDER AND DIRECTION OF THAT LICENSED PHYSICIAN.
   3. DURATION. A LIMITED PERMIT SHALL EXPIRE ONE YEAR FROM THE  DATE  OF
 ISSUANCE.  A  LIMITED PERMIT MAY BE EXTENDED FOR ONE ADDITIONAL YEAR FOR
 GOOD CAUSE AS DETERMINED BY THE DEPARTMENT.
   4. FEES. THE FEE FOR EACH LIMITED PERMIT SHALL BE  DETERMINED  BY  THE
 DEPARTMENT.
   § 8856. EXEMPTIONS AND EXEMPT PERSONS. THIS TITLE SHALL NOT PROHIBIT:
   1.  THE  PERFORMANCE  OF  ANY TASKS OR RESPONSIBILITIES BY ANY STUDENT
 ENGAGED IN CLINICAL TRAINING IN A GENERAL HOSPITAL LICENSED PURSUANT  TO
 TITLE TWENTY-EIGHT OF THIS CHAPTER, PROVIDED SUCH PRACTICE IS LIMITED TO
 CLINICAL TRAINING THAT SHALL BE CARRIED OUT UNDER THE DIRECT SUPERVISION
 OF A LICENSED PHYSICIAN WHO PRACTICES ANATOMIC PATHOLOGY; OR
   2.  THE  PERFORMANCE  OF  ANY  TASKS OR RESPONSIBILITIES BY ANY PERSON
 LICENSED UNDER THIS TITLE, PROVIDED SUCH TASKS OR  RESPONSIBILITIES  ARE
 PERMITTED  BY  THE TITLE GOVERNING THE PROFESSION PURSUANT TO WHICH SUCH
 PERSON IS LICENSED; OR
   3. THE PERFORMANCE OF ANY TASKS OR  RESPONSIBILITIES  BY  ANY  LEGALLY
 QUALIFIED  PATHOLOGISTS'  ASSISTANTS OF ANY OTHER STATE OR TERRITORY WHO
 IS SERVING IN THE ARMED FORCES OR  THE  PUBLIC  HEALTH  SERVICE  OF  THE
 UNITED  STATES OR WHO IS EMPLOYED BY THE VETERANS' ADMINISTRATION, WHILE
 ENGAGED IN THE PERFORMANCE OF HIS OR HER DUTIES; OR
   4. THE PERFORMANCE OF ANY TASKS AND RESPONSIBILITIES BY ANY INDIVIDUAL
 LEGALLY CARRYING OUT THE EXAMINATIONS AND TESTS ENUMERATED  IN  SUBDIVI-
 SION TWO OF SECTION FIVE HUNDRED SEVENTY-NINE OF THIS CHAPTER.
   §  3. The state finance law is amended by adding a new section 98-d to
 read as follows:
   § 98-D. LICENSED HEALTHCARE PROFESSIONS ACCOUNT. 1.  THERE  IS  HEREBY
 ESTABLISHED  IN  THE  JOINT  CUSTODY  OF  THE  STATE COMPTROLLER AND THE
 COMMISSIONER OF TAXATION AND FINANCE AN  ACCOUNT  OF  THE  MISCELLANEOUS
 SPECIAL  REVENUE FUND TO BE KNOWN AS THE LICENSED HEALTHCARE PROFESSIONS
 ACCOUNT.
   2. NOTWITHSTANDING ANY OTHER LAW, RULE OR REGULATION TO THE  CONTRARY,
 THE  STATE  COMPTROLLER IS HEREBY AUTHORIZED AND DIRECTED TO RECEIVE FOR
 S. 4007                            479                           A. 3007
 
 DEPOSIT TO THE CREDIT OF THE LICENSED  HEALTHCARE  PROFESSIONS  ACCOUNT,
 PAYMENTS  RELATING  TO  THE RESPONSIBILITIES OF THE DEPARTMENT OF HEALTH
 PURSUANT TO ARTICLE FIFTY-ONE OF THE PUBLIC HEALTH LAW,  INCLUDING  FEES
 FOR  PROFESSIONAL  LICENSES AND REGISTRATION, PENALTIES FOR PROFESSIONAL
 MISCONDUCT, CHARGES FOR TEST ADMINISTRATION,  VERIFICATION  AND  CERTIF-
 ICATION   OF  CREDENTIALS,  AND  RESTORATION  OF  REVOKED  AND  ANNULLED
 LICENSES, AND SURCHARGES AND CHARGES AS ESTABLISHED BY STATUTE OR BY THE
 DEPARTMENT OF HEALTH'S REGULATIONS PURSUANT TO SUCH ARTICLE.
   3. MONEYS OF THIS ACCOUNT, FOLLOWING APPROPRIATION BY THE LEGISLATURE,
 SHALL BE AVAILABLE TO THE DEPARTMENT OF HEALTH FOR SERVICES AND EXPENSES
 FOR  REGULATION,  OVERSIGHT,  AND  ENFORCEMENT  OF  LICENSED  HEALTHCARE
 PROFESSIONS ENUMERATED IN ARTICLE FIFTY-ONE OF THE PUBLIC HEALTH LAW.
   §  4.  Subdivision  (d)  of section 4504 of the civil practice law and
 rules, as added by chapter 987 of the laws of 1971, is amended  to  read
 as follows:
   (d)  Proof  of  negligence;  unauthorized practice of medicine. In any
 action for damages for personal injuries or death against a  person  not
 authorized to practice medicine under [article 131 of the education law]
 TITLE  2  OF  ARTICLE  51  OF  THE PUBLIC HEALTH LAW for any act or acts
 constituting the practice of medicine, when such  act  or  acts  were  a
 competent  producing proximate or contributing cause of such injuries or
 death, the fact that such person practiced  medicine  without  being  so
 authorized shall be deemed prima facie evidence of negligence.
   §  5. Subdivision (a) of section 1203 of the limited liability company
 law, as amended by chapter 475 of the laws of 2014, is amended  to  read
 as follows:
   (a)  Notwithstanding  the education law or any other provision of law,
 one or more professionals each of whom is authorized by law to render  a
 professional  service within the state, or one or more professionals, at
 least one of whom is authorized by law to render a professional  service
 within  the  state,  may  form,  or  cause  to be formed, a professional
 service limited liability company for pecuniary profit under this  arti-
 cle for the purpose of rendering the professional service or services as
 such professionals are authorized to practice. With respect to a profes-
 sional  service  limited  liability  company  formed  to provide medical
 services as such services are defined in [article 131 of  the  education
 law] TITLE 2 OF ARTICLE 51 OF THE PUBLIC HEALTH LAW, each member of such
 limited  liability  company must be licensed pursuant to [article 131 of
 the education law] TITLE 2 OF ARTICLE 51 OF THE  PUBLIC  HEALTH  LAW  to
 practice  medicine in this state. With respect to a professional service
 limited liability company formed to  provide  dental  services  as  such
 services  are  defined  in [article 133 of the education law] TITLE 7 OF
 ARTICLE 51 OF THE PUBLIC HEALTH LAW, each member of such limited liabil-
 ity company must be licensed pursuant to [article 133 of  the  education
 law]  TITLE 7 OF ARTICLE 51 OF THE PUBLIC HEALTH LAW to practice dentis-
 try 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
 S. 4007                            480                           A. 3007
 
 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] TITLE 18 OF ARTICLE 51 OF
 THE PUBLIC HEALTH LAW, each member of  such  limited  liability  company
 shall  be  licensed pursuant to [article 154 of the education law] TITLE
 18 OF ARTICLE 51 OF THE PUBLIC HEALTH LAW to practice licensed  clinical
 social work in this state. With respect to a professional service limit-
 ed liability company formed to provide creative arts therapy services as
 such services are defined in [article 163 of the education law] TITLE 25
 OF  ARTICLE  51  OF  THE  PUBLIC HEALTH LAW, each member of such limited
 liability company must be licensed  pursuant  to  [article  163  of  the
 education  law] TITLE 25 OF ARTICLE 51 OF THE PUBLIC HEALTH LAW to prac-
 tice 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] TITLE 25 OF ARTICLE 51 OF THE  PUBLIC  HEALTH  LAW,  each
 member  of  such  limited liability company must be licensed pursuant to
 [article 163 of the education law] TITLE 25 OF ARTICLE 51 OF THE  PUBLIC
 HEALTH  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] TITLE 25  OF  ARTICLE  51  OF  THE
 PUBLIC HEALTH LAW, each member of such limited liability company must be
 licensed  pursuant  to  [article  163  of the education law] TITLE 25 OF
 ARTICLE 51 OF THE PUBLIC HEALTH 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] TITLE 25 OF ARTICLE 51  OF
 THE  PUBLIC  HEALTH  LAW,  each member of such limited liability company
 must be licensed pursuant to [article 163 of the education law] TITLE 25
 OF ARTICLE 51 OF THE PUBLIC HEALTH 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] TITLE 29 OF
 ARTICLE 51 OF THE PUBLIC HEALTH LAW, each member of such limited liabil-
 ity company must be licensed or certified pursuant to  [article  167  of
 the  education  law]  TITLE 29 OF ARTICLE 51 OF THE PUBLIC HEALTH LAW to
 practice applied behavior analysis in this state. In addition to  engag-
 ing  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.
   §  6. 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
 [article  131  of the education law] TITLE 2 OF ARTICLE 51 OF THE PUBLIC
 S. 4007                            481                           A. 3007
 
 HEALTH LAW, each member  of  such  limited  liability  company  must  be
 licensed pursuant to [article 131 of the education law] TITLE 2 OF ARTI-
 CLE 51 OF THE PUBLIC HEALTH LAW to practice medicine in this state. With
 respect  to  a  professional service limited liability company formed to
 provide dental services as such services are defined in [article 133  of
 the  education law] TITLE 7 OF ARTICLE 51 OF THE PUBLIC HEALTH LAW, each
 member of such limited liability company must be  licensed  pursuant  to
 [article  133  of the education law] TITLE 7 OF ARTICLE 51 OF THE PUBLIC
 HEALTH LAW to practice dentistry  in  this  state.  With  respect  to  a
 professional service limited liability company formed to provide veteri-
 nary  services as such services are defined in article 135 of the educa-
 tion 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,  landscape  architectural  and/or  geological
 services as such services are defined in article 145,  article  147  and
 article  148 of the education law, each member of such limited liability
 company must be licensed pursuant to article  145,  article  147  and/or
 article  148  of  the  education  law  to  practice  one or more of such
 professions in this state. With respect to a professional service limit-
 ed liability company formed to provide  licensed  clinical  social  work
 services  as  such services are defined in [article 154 of the education
 law] TITLE 18 OF ARTICLE 51 OF THE PUBLIC HEALTH  LAW,  each  member  of
 such  limited  liability  company shall be licensed pursuant to [article
 154 of the education law] TITLE 18 OF ARTICLE 51 OF  THE  PUBLIC  HEALTH
 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] TITLE 25 OF ARTICLE 51 OF THE  PUBLIC
 HEALTH  LAW,  each  member  of  such  limited  liability company must be
 licensed pursuant to [article 163 of the  education  law]  TITLE  25  OF
 ARTICLE 51 OF THE PUBLIC HEALTH 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] TITLE 25 OF
 ARTICLE 51 OF THE PUBLIC HEALTH LAW, each member of such limited liabil-
 ity company must be licensed pursuant to [article 163 of  the  education
 law]  TITLE  25  OF  ARTICLE  51  OF  THE  PUBLIC HEALTH 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] TITLE 25 OF ARTICLE 51 OF THE  PUBLIC  HEALTH  LAW,  each
 member  of  such  limited liability company must be licensed pursuant to
 [article 163 of the education law] TITLE 25 OF ARTICLE 51 OF THE  PUBLIC
 HEALTH  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] TITLE 25 OF ARTICLE 51 OF THE PUBLIC HEALTH
 LAW, each member of such limited  liability  company  must  be  licensed
 pursuant to [article 163 of the education law] TITLE 25 OF ARTICLE 51 OF
 THE  PUBLIC  HEALTH  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] TITLE 29  OF  ARTICLE  51  OF  THE
 PUBLIC HEALTH LAW, each member of such limited liability company must be
 S. 4007                            482                           A. 3007
 
 licensed  or  certified  pursuant  to [article 167 of the education law]
 TITLE 29 OF ARTICLE 51 OF THE PUBLIC  HEALTH  LAW  to  practice  applied
 behavior analysis in this state.
   § 7. Subdivisions (a), (b), (c) and (f) of section 1301 of the limited
 liability  company  law,  subdivisions (a) and (f) as amended by chapter
 475 of the laws of 2014, are amended to read as follows:
   (a) "Foreign professional service limited liability company"  means  a
 professional  service  limited liability company, whether or not denomi-
 nated as such, organized under the laws of  a  jurisdiction  other  than
 this state, (i) each of whose members and managers, if any, is a profes-
 sional  authorized  by  law to render a professional service within this
 state and who is or has been engaged in the practice of such  profession
 in  such professional service limited liability company or a predecessor
 entity, or will engage in the practice of such profession in the profes-
 sional service limited liability company within thirty days of the  date
 such  professional becomes a member, or each of whose members and manag-
 ers, if any, is a professional at least one of such members  is  author-
 ized  by  law to render a professional service within this state and who
 is or has been engaged in  the  practice  of  such  profession  in  such
 professional  service limited liability company or a predecessor entity,
 or will engage in the practice of such profession  in  the  professional
 service  limited  liability  company within thirty days of the date such
 professional becomes a member, or  (ii)  authorized  by,  or  holding  a
 license,  certificate,  registration  or  permit issued by the licensing
 authority pursuant to,  the  education  law  to  render  a  professional
 service within this state; except that all members and managers, if any,
 of  a  foreign  professional  service  limited  liability  company  that
 provides health services in this state shall be licensed in this  state.
 With respect to a foreign professional service limited liability company
 which provides veterinary services as such services are defined in arti-
 cle  135  of the education law, each member of such foreign professional
 service limited liability company shall be licensed pursuant to  article
 135  of  the education law to practice veterinary medicine. With respect
 to a  foreign  professional  service  limited  liability  company  which
 provides  medical  services as such services are defined in [article 131
 of the education law] TITLE 2 OF ARTICLE 51 OF THE  PUBLIC  HEALTH  LAW,
 each  member  of  such  foreign  professional  service limited liability
 company must be licensed pursuant to [article 131 of the education  law]
 TITLE  2  OF ARTICLE 51 OF THE PUBLIC HEALTH LAW to practice medicine in
 this state.   With respect to a  foreign  professional  service  limited
 liability  company  which  provides dental services as such services are
 defined in [article 133 of the education law] TITLE 7 OF ARTICLE  51  OF
 THE  PUBLIC HEALTH LAW, each member of such foreign professional service
 limited liability company must be licensed pursuant to [article  133  of
 the  education  law]  TITLE  7 OF ARTICLE 51 OF THE PUBLIC HEALTH LAW to
 practice dentistry in this state. With respect to a foreign professional
 service limited liability company which provides professional  engineer-
 ing,  land surveying, geologic, architectural and/or landscape architec-
 tural services as such services are defined in article 145, article  147
 and  article  148  of  the  education  law,  each member of such foreign
 professional service limited liability company must be licensed pursuant
 to article 145, article 147 and/or article 148 of the education  law  to
 practice  one or more of such professions in this state. With respect to
 a foreign professional service limited liability company which  provides
 licensed  clinical  social work services as such services are defined in
 [article 154 of the education law] TITLE 18 OF ARTICLE 51 OF THE  PUBLIC
 S. 4007                            483                           A. 3007
 
 HEALTH  LAW,  each  member  of such foreign professional service limited
 liability company shall be licensed pursuant  to  [article  154  of  the
 education  law] TITLE 18 OF ARTICLE 51 OF THE PUBLIC HEALTH LAW to prac-
 tice  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] TITLE 25 OF ARTICLE 51 OF THE PUBLIC HEALTH LAW, each
 member of such foreign professional service  limited  liability  company
 must be licensed pursuant to [article 163 of the education law] TITLE 25
 OF ARTICLE 51 OF THE PUBLIC HEALTH LAW to practice creative arts therapy
 in  this  state.  With respect to a foreign professional service limited
 liability company which provides marriage and family therapy services as
 such services are defined in [article 163 of the education law] TITLE 25
 OF ARTICLE 51 OF THE PUBLIC HEALTH LAW,  each  member  of  such  foreign
 professional service limited liability company must be licensed pursuant
 to  [article  163  of  the  education law] TITLE 25 OF ARTICLE 51 OF THE
 PUBLIC HEALTH 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] TITLE 25 OF ARTICLE 51 OF
 THE PUBLIC HEALTH LAW, each member of such foreign professional  service
 limited  liability  company must be licensed pursuant to [article 163 of
 the education law] TITLE 25 OF ARTICLE 51 OF THE PUBLIC  HEALTH  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] TITLE 25 OF ARTICLE 51 OF THE PUBLIC HEALTH LAW, each
 member of such foreign professional service  limited  liability  company
 must be licensed pursuant to [article 163 of the education law] TITLE 25
 OF  ARTICLE  51  OF  THE PUBLIC HEALTH LAW to practice psychoanalysis in
 this state. With respect  to  a  foreign  professional  service  limited
 liability  company  which provides applied behavior analysis services as
 such services are defined in [article 167 of the education law] TITLE 29
 OF ARTICLE 51 OF THE PUBLIC HEALTH LAW,  each  member  of  such  foreign
 professional  service  limited  liability  company  must  be licensed or
 certified pursuant to [article 167 of the education  law]  TITLE  29  OF
 ARTICLE  51 OF THE PUBLIC HEALTH LAW to practice applied behavior analy-
 sis in this state.
   (b) "Licensing authority" means the regents of the university  of  the
 state of New York or the state education department, as the case may be,
 in  the case of all professions licensed under title eight of the educa-
 tion law, THE DEPARTMENT OF  HEALTH  IN  THE  CASE  OF  ALL  PROFESSIONS
 LICENSED  UNDER  ARTICLE  FIFTY-ONE  OF  THE  PUBLIC HEALTH LAW, and the
 appropriate appellate division of the supreme court in the case  of  the
 profession of law.
   (c)  "Profession"  includes any practice as an attorney and counselor-
 at-law, or as a licensed physician, and those professions designated  in
 title  eight  of  the  education  law OR ARTICLE FIFTY-ONE OF THE PUBLIC
 HEALTH LAW.
   (f) "Professional partnership" means (1) a partnership without limited
 partners each of whose partners is a professional authorized by  law  to
 render a professional service within this state, (2) a partnership with-
 out  limited partners each of whose partners is a professional, at least
 one of whom is authorized by law to render a professional service within
 this state or (3) a partnership without limited partners authorized  by,
 or  holding a license, certificate, registration or permit issued by the
 S. 4007                            484                           A. 3007
 
 licensing authority pursuant to the education law to  render  a  profes-
 sional  service within this state; except that all partners of a profes-
 sional partnership that provides medical services in this state must  be
 licensed pursuant to [article 131 of the education law] TITLE 2 OF ARTI-
 CLE  51  OF THE PUBLIC HEALTH LAW to practice medicine in this state and
 all partners of a professional partnership that provides dental services
 in this state must be licensed pursuant to [article 133 of the education
 law] TITLE 7 OF ARTICLE 51 OF THE PUBLIC HEALTH LAW to practice  dentis-
 try  in  this state; except that all partners of a professional partner-
 ship that provides veterinary services in this state  must  be  licensed
 pursuant  to  article  135  of  the education law to practice veterinary
 medicine in this state; and  further  except  that  all  partners  of  a
 professional  partnership  that  provides professional engineering, land
 surveying,  geologic,  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.
   § 8. The tenth, twelfth, fourteenth, and sixteenth undesignated  para-
 graphs  of  section  2  of the partnership law,  the tenth, twelfth, and
 sixteenth undesignated paragraphs as added by chapter 576 of the laws of
 1994, and the fourteenth undesignated paragraph as  amended  by  chapter
 475 of the laws of 2014, are amended to read as follows:
   "Licensing authority" means the regents of the university of the state
 of  New  York  or the state education department, as the case may be, in
 the case of all professions licensed under title eight of the  education
 law,  THE  DEPARTMENT  OF HEALTH IN THE CASE OF ALL PROFESSIONS LICENSED
 UNDER ARTICLE FIFTY-ONE OF THE PUBLIC HEALTH  LAW  and  the  appropriate
 appellate division of the supreme court in the case of the profession of
 law.
   "Profession"  includes  any practice as an attorney and counsellor-at-
 law or as a licensed physician,  and  those  professions  designated  in
 title  eight  of  the  education  law OR ARTICLE FIFTY-ONE OF THE PUBLIC
 HEALTH LAW.
   "Professional partnership" means (1)  a  partnership  without  limited
 partners  each  of whose partners is a professional authorized by law to
 render a professional service within this state, (2) a partnership with-
 out limited partners each of whose partners is a professional, at  least
 one of whom is authorized by law to render a professional service within
 this  state or (3) a partnership without limited partners authorized by,
 or holding a license, certificate, registration or permit issued by  the
 licensing  authority  pursuant  to the education law to render a profes-
 sional service within this state; except that all partners of a  profes-
 sional  partnership that provides medical services in this state must be
 licensed pursuant to [article 131 of the education law] TITLE 2 OF ARTI-
 CLE 51 OF THE PUBLIC HEALTH LAW to practice medicine in this  state  and
 all partners of a professional partnership that provides dental services
 in this state must be licensed pursuant to [article 133 of the education
 law]  TITLE 7 OF ARTICLE 51 OF THE PUBLIC HEALTH LAW to practice dentis-
 try in this state; and further except that all  partners  of  a  profes-
 sional  partnership that provides professional engineering, land survey-
 ing, geologic, 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.
   "Professional  service  corporation" means (i) a corporation organized
 under article fifteen of the business corporation law and (ii) any other
 S. 4007                            485                           A. 3007
 
 corporation organized under the business corporation law or  any  prede-
 cessor statute, which is authorized by, or holds a license, certificate,
 registration  or  permit  issued by, the licensing authority pursuant to
 the  education  law  OR  THE  PUBLIC  HEALTH  LAW to render professional
 services within this state.
   § 9. 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] TITLE 2 OF ARTICLE 51 OF  THE  PUBLIC
 HEALTH  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 [article 133 of the
 education law] TITLE 7 OF ARTICLE 51 OF THE PUBLIC HEALTH LAW  to  prac-
 tice  dentistry  in  this  state.   Each partner of a registered limited
 liability partnership formed to  provide  veterinary  services  in  this
 state  must  be licensed pursuant to article 135 of the education law to
 practice veterinary medicine in this state. Each partner of a registered
 limited liability partnership formed to provide  professional  engineer-
 ing, land surveying, geological services, architectural and/or landscape
 architectural  services in this state must be licensed pursuant to arti-
 cle 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  regis-
 tered  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] TITLE 18 OF ARTICLE 51 OF  THE  PUBLIC  HEALTH
 LAW  to  practice  clinical social work in this state. Each partner of a
 registered limited liability partnership formed to provide creative arts
 therapy services in this state must be licensed pursuant to [article 163
 of the education law] TITLE 25 OF ARTICLE 51 OF THE PUBLIC HEALTH LAW to
 practice creative arts therapy in this state. Each partner of  a  regis-
 tered limited liability partnership formed to provide marriage and fami-
 ly  therapy services in this state must be licensed pursuant to [article
 163 of the education law] TITLE 25 OF ARTICLE 51 OF  THE  PUBLIC  HEALTH
 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] TITLE 25 OF ARTICLE 51 OF THE  PUBLIC
 HEALTH  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] TITLE 25 OF ARTICLE 51 OF THE  PUBLIC
 HEALTH  LAW  to practice psychoanalysis in this state. Each partner of a
 registered limited  liability  partnership  formed  to  provide  applied
 behavior  analysis  service  in this state must be licensed or certified
 pursuant to [article 167 of the education law] TITLE 29 OF ARTICLE 51 OF
 THE PUBLIC HEALTH LAW to practice  applied  behavior  analysis  in  this
 state.
   §  10.  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] TITLE 2 OF ARTICLE 51 OF THE PUBLIC
 HEALTH LAW to practice medicine in the  state  and  each  partner  of  a
 S. 4007                            486                           A. 3007
 
 foreign  limited liability partnership which provides dental services in
 the state must be licensed pursuant to [article  133  of  the  education
 law]  TITLE 7 OF ARTICLE 51 OF THE PUBLIC HEALTH LAW to practice dentis-
 try  in this state. Each partner of a foreign limited liability partner-
 ship 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  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. Each partner of a foreign limited  liability  partner-
 ship which provides licensed clinical social work services in this state
 must be licensed pursuant to [article 154 of the education law] TITLE 18
 OF  ARTICLE  51  OF  THE PUBLIC HEALTH 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] TITLE 25
 OF ARTICLE 51 OF THE PUBLIC HEALTH LAW to practice creative arts therapy
 in this state. Each partner of a foreign limited  liability  partnership
 which  provides  marriage and family therapy services in this state must
 be licensed pursuant to [article 163 of the education law] TITLE  25  OF
 ARTICLE  51  OF  THE  PUBLIC  HEALTH LAW to practice marriage and family
 therapy in this state. Each partner of a foreign limited liability part-
 nership which provides mental health counseling services in  this  state
 must be licensed pursuant to [article 163 of the education law] TITLE 25
 OF  ARTICLE  51 OF THE PUBLIC HEALTH LAW to practice mental health coun-
 seling in this state. Each partner of a foreign limited liability  part-
 nership  which  provides  psychoanalysis  services in this state must be
 licensed pursuant to [article 163 of the  education  law]  TITLE  25  OF
 ARTICLE  51  OF THE PUBLIC HEALTH 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]
 TITLE  29  OF  ARTICLE  51  OF THE PUBLIC HEALTH LAW to practice applied
 behavior analysis in this state.
   § 11. Section 24-a of the corrections law, as amended by  chapter  322
 of the laws of 2021, is amended to read as follows:
   §  24-a. Actions against persons rendering health care services at the
 request of the department; defense and indemnification.  The  provisions
 of  section  seventeen  of  the  public  officers law shall apply to any
 person holding a license to practice a profession pursuant  to  [article
 one  hundred  thirty-one,  one hundred thirty-one-B, one hundred thirty-
 two, one hundred thirty-three, one hundred thirty-six, one hundred thir-
 ty-seven, one hundred thirty-nine, one hundred  forty-one,  one  hundred
 forty-three,  one  hundred  fifty-six  or  one hundred fifty-nine of the
 education law] TITLES TWO, FOUR, SIX, SEVEN, NINE,  TEN,  TWELVE,  FOUR-
 TEEN, FIFTEEN, TWENTY, AND TWENTY-TWO OF ARTICLE FIFTY-ONE OF THE PUBLIC
 HEALTH  LAW,  who  is  rendering  or  has rendered professional services
 authorized under such license while acting at the request of the depart-
 ment or a facility of the department in providing health care and treat-
 ment or professional consultation to incarcerated individuals  of  state
 correctional facilities, or to the infant children of incarcerated indi-
 viduals  while such infants are cared for in facility nurseries pursuant
 to section six hundred eleven of this chapter, without regard to whether
 S. 4007                            487                           A. 3007
 
 such health care and treatment or professional consultation is  provided
 within or without a correctional facility.
   §  12.  Section 910 of the education law, as amended by chapter 477 of
 the laws of 2004, is amended to read as follows:
   § 910. Choice  of  method  of  treatment.  Whenever  affected  by  the
 requirements  of  this article, the school employee so affected, and, in
 the case of a child, the parent of, or person in parental  relation  to,
 such  child,  shall  have  the  right to determine the form or manner of
 treatment or remedial care to be prescribed or applied, but  the  treat-
 ment  or  remedial  care must be in accordance with and as allowed under
 the provisions of [article one hundred thirty-one of this chapter] TITLE
 TWO OF ARTICLE FIFTY-ONE OF THE PUBLIC HEALTH LAW.
   § 13. Section 522 of the executive law, as added by chapter 552 of the
 laws of 1993, is amended to read as follows:
   § 522. Actions against persons rendering health care services  at  the
 request  of the division; defense and indemnification. The provisions of
 section seventeen of the public officers law shall apply to  any  person
 holding  a  license  to  practice  a profession pursuant to [article one
 hundred thirty-one, one hundred thirty-one-B,  one  hundred  thirty-two,
 one  hundred  thirty-three,  one hundred thirty-six, one hundred thirty-
 seven, one hundred  thirty-nine,  one  hundred  forty-one,  one  hundred
 forty-three,  one  hundred  fifty-six  or  one hundred fifty-nine of the
 education law] TITLES TWO, FOUR, SIX, SEVEN, NINE,  TEN,  TWELVE,  FOUR-
 TEEN, FIFTEEN, TWENTY, AND TWENTY-TWO OF ARTICLE FIFTY-ONE OF THE PUBLIC
 HEALTH  LAW,  who  is  rendering  or  has rendered professional services
 authorized under such license while acting at the request of  the  divi-
 sion  or  a facility of the division in providing health care and treat-
 ment or professional consultation to residents of  division  facilities,
 or  to infants of residents while such infants are cared for in division
 facilities pursuant to section five hundred sixteen  of  this  [article]
 SUBTITLE,  without  regard  to whether such health care and treatment or
 professional consultation is  provided  within  or  without  a  division
 facility.
   §  14.  Paragraph  4 of subdivision (a) of section 33.16 of the mental
 hygiene law, as amended by chapter 226 of the laws of 1991,  is  amended
 to read as follows:
   4. "Mental  health  practitioner"  or  "practitioner"  means  a person
 employed by or rendering a service at a facility maintaining  the  clin-
 ical record licensed under [article one hundred thirty-one of the educa-
 tion  law]  TITLE  TWO OF ARTICLE FIFTY-ONE OF THE PUBLIC HEALTH LAW who
 practices psychiatry or a person licensed  under  [article  one  hundred
 thirty-nine,  one  hundred  fifty-three or one hundred fifty-four of the
 education law] TITLES TWELVE, SEVENTEEN, OR EIGHTEEN OF  ARTICLE  FIFTY-
 ONE  OF  THE PUBLIC HEALTH LAW or any other person not prohibited by law
 from providing mental health or developmental disabilities services.
   § 15. Section 14 of the public health law, as amended by chapter 2  of
 the laws of 1998, is amended to read as follows:
   §  14.  Actions against persons rendering professional services at the
 request of the department; defense and indemnification.  The  provisions
 of  section  seventeen  of  the  public  officers law shall apply to any
 physician, dentist, nurse or other health care professional who: (i)  is
 licensed  to  practice  pursuant to [article one hundred thirty-one, one
 hundred thirty-one-B, one hundred thirty-three, one hundred  thirty-six,
 one  hundred  thirty-seven,  one hundred thirty-nine, one hundred forty-
 three, one hundred  fifty-six,  one  hundred  fifty-seven,  one  hundred
 fifty-nine  or  one hundred sixty-four of the education law] TITLES TWO,
 S. 4007                            488                           A. 3007
 
 FOUR, SIX, SEVEN, NINE, TEN, TWELVE, FIFTEEN, TWENTY, TWENTY-ONE,  TWEN-
 TY-TWO  AND  TWENTY-SIX  OF ARTICLE FIFTY-ONE OF THIS CHAPTER and who is
 rendering professional treatment  or  consultation  in  connection  with
 professional  treatment  authorized under such license at the request of
 the department, or at a departmental facility, including clinical  prac-
 tice  provided pursuant to a clinical practice plan established pursuant
 to subdivision fourteen of section two hundred six of this  chapter,  to
 patients receiving care or professional consultation from the department
 while  rendering  such  professional  treatment or consultation; (ii) is
 rendering consultation in connection with an audit or prepayment  review
 of claims or treatment requests under the medical assistance program; or
 (iii)  assists  the department as consultants or expert witnesses in the
 investigation or prosecution of alleged violations  of  article  twenty-
 eight,  thirty-six,  forty-four  or forty-seven of this chapter or rules
 and regulations adopted pursuant thereto.
   § 16. Paragraph (d) of subdivision 1  of  section  18  of  the  public
 health  law,  as added by chapter 497 of the laws of 1986, is amended to
 read as follows:
   (d) "Health  care  practitioner"  or  "practitioner"  means  a  person
 licensed   under   [article   one   hundred   thirty-one,   one  hundred
 thirty-one-B, one hundred  thirty-two,  one  hundred  thirty-three,  one
 hundred  thirty-six, one hundred thirty-nine, one hundred forty-one, one
 hundred forty-three, one hundred forty-four,  one  hundred  fifty-three,
 one  hundred fifty-four, one hundred fifty-six or one hundred fifty-nine
 of the education law] TITLES TWO, FOUR, SIX, SEVEN, NINE, TWELVE,  FOUR-
 TEEN,  FIFTEEN,  SIXTEEN, SEVENTEEN, EIGHTEEN, TWENTY, AND TWENTY-TWO OF
 ARTICLE FIFTY-ONE OF THIS CHAPTER or a  person  certified  under  FORMER
 section twenty-five hundred sixty of this chapter.
   §  17.  The  opening  paragraph  of subdivision 1 of section 19 of the
 public health law, as added by chapter 572  of  the  laws  of  1990,  is
 amended to read as follows:
   No  physician  licensed  under  [article one hundred thirty-one of the
 education law] TITLE TWO OF ARTICLE  FIFTY-ONE  OF  THIS  CHAPTER  shall
 charge  from  a beneficiary of health insurance under title XVIII of the
 federal social security act (medicare)  any  amount  in  excess  of  the
 following limitations:
   §  18.  Subdivisions 1 and 9-b, clause 2 of subparagraph (ii) of para-
 graph (h) and paragraph (p) of subdivision 10, paragraph (a) of subdivi-
 sion 11, paragraphs (a) and (b) of subdivision 13, and paragraph (c)  of
 subdivision 17 of section 230 of the public health law, subdivision 1 as
 amended  by chapter 537 of the laws of 1998,  subdivision 9-b as amended
 by chapter 11 of the laws of 2015, clause  2  of  subparagraph  (ii)  of
 paragraph (h) of subdivision 10 as amended by chapter 477 of the laws of
 2008,  paragraph  (p) of subdivision 10 as amended by chapter 599 of the
 laws of 1996, paragraph (a) of subdivision 11 as amended by chapter  627
 of  the  laws of 1996, paragraphs (a) and (b) of subdivision 13 as added
 by and paragraph (c) of subdivision 17 as amended by chapter 606 of  the
 laws of 1991, are amended to read as follows:
   1. A state board for professional medical conduct is hereby created in
 the  department  in  matters  of  professional  misconduct as defined in
 sections sixty-five hundred thirty and sixty-five hundred thirty-one  of
 [the  education  law]  THIS  CHAPTER.  Its  physician  members  shall be
 appointed by the commissioner at least eighty-five percent of whom shall
 be from among nominations submitted by the medical society of the  state
 of New York, the New York state osteopathic society, the New York acade-
 my  of medicine, county medical societies, statewide specialty societies
 S. 4007                            489                           A. 3007
 
 recognized by the council of medical specialty societies, and the hospi-
 tal association of New York state. Its lay members shall be appointed by
 the commissioner with the approval of the governor. The board of regents
 shall  also appoint twenty percent of the members of the board. Not less
 than sixty-seven percent of  the  members  appointed  by  the  board  of
 regents  shall  be  physicians. Not less than eighty-five percent of the
 physician members appointed by the board of regents shall be from  among
 nominations  submitted  by the medical society of the state of New York,
 the New York state osteopathic society, the New York  academy  of  medi-
 cine,  county  medical societies, statewide medical societies recognized
 by the council of medical specialty societies, and the hospital  associ-
 ation  of  New York state. Any failure to meet the percentage thresholds
 stated in this subdivision shall not be  grounds  for  invalidating  any
 action  by or on authority of the board for professional medical conduct
 or a committee or a member thereof. The board for  professional  medical
 conduct  shall consist of not fewer than eighteen physicians licensed in
 the state for at least five years, two  of  whom  shall  be  doctors  of
 osteopathy,  not fewer than two of whom shall be physicians who dedicate
 a significant portion of their practice to the use  of  non-conventional
 medical  treatments who may be nominated by New York state medical asso-
 ciations dedicated to the advancement of such treatments, at  least  one
 of  whom  shall  have  expertise  in palliative care, and not fewer than
 seven lay members. An executive secretary  shall  be  appointed  by  the
 chairperson  and shall be a licensed physician. Such executive secretary
 shall not be a member of the board, shall hold office  at  the  pleasure
 of,  and shall have the powers and duties assigned and the annual salary
 fixed by, the chairperson. The chairperson shall also assign such secre-
 taries or other persons to the board as are necessary.
   9-b. Neither the board for professional medical conduct nor the office
 of professional medical conduct shall charge a licensee with  misconduct
 as  defined in sections sixty-five hundred thirty and sixty-five hundred
 thirty-one of [the education law] THIS CHAPTER, or cause a  report  made
 to  the  director of such office to be investigated beyond a preliminary
 review as set forth in clause (A) of subparagraph (i) of  paragraph  (a)
 of  subdivision  ten of this section, where such report is determined to
 be based solely upon the recommendation  or  provision  of  a  treatment
 modality   to  a  particular  patient  by  such  licensee  that  is  not
 universally accepted by the medical profession, including but not limit-
 ed to, varying modalities used in the  treatment  of  Lyme  disease  and
 other  tick-borne diseases.   When a licensee, acting in accordance with
 paragraph e of subdivision four of section  sixty-five  hundred  twenty-
 seven  of  [the  education  law]  THIS CHAPTER, recommends or provides a
 treatment modality that effectively treats human disease, pain,  injury,
 deformity  or  physical  condition  for which the licensee is treating a
 patient, the recommendation or provision of that modality to  a  partic-
 ular  patient  shall not, by itself, constitute professional misconduct.
 The licensee shall otherwise abide by all other applicable  professional
 requirements.
   (2)  make arrangements for the transfer and maintenance of the medical
 records of his or her former patients. Records shall  be  either  trans-
 ferred  to the licensee's former patients consistent with the provisions
 of sections seventeen and eighteen of this chapter or to another  physi-
 cian  or  health  care  practitioner  as  provided in clause (1) of this
 subparagraph who shall expressly assume responsibility  for  their  care
 and maintenance and for providing access to such records, as provided in
 subdivisions  twenty-two  and  thirty-two  of section sixty-five hundred
 S. 4007                            490                           A. 3007
 
 thirty of [the education law] THIS CHAPTER, the rules of the  [board  of
 regents]  DEPARTMENT  or  the regulations of the commissioner of [educa-
 tion] HEALTH and sections seventeen and eighteen of this  chapter.  When
 records  are  not  transferred  to  the licensee's former patients or to
 another physician  or  health  care  practitioner,  the  licensee  whose
 license has been revoked, annulled, surrendered, suspended or restricted
 shall  remain  responsible  for  the care and maintenance of the medical
 records of his or her former patients and shall be subject to additional
 proceedings pursuant to subdivisions twenty-two, thirty-two and forty of
 section sixty-five hundred thirty of [the education law] THIS CHAPTER in
 the event that the licensee fails to maintain those medical  records  or
 fails to make them available to a former patient.
   (p)  Convictions  of  crimes or administrative violations. In cases of
 professional misconduct based solely upon  a  violation  of  subdivision
 nine  of  section  sixty-five hundred thirty of [the education law] THIS
 CHAPTER, the director may direct that charges be prepared and served and
 may refer the matter to a committee  on  professional  conduct  for  its
 review  and  report  of  findings, conclusions as to guilt, and determi-
 nation. In such cases, the notice of hearing shall state that the licen-
 see shall file a written answer to each of the charges  and  allegations
 in the statement of charges no later than ten days prior to the hearing,
 and that any charge or allegation not so answered shall be deemed admit-
 ted,  that  the licensee may wish to seek the advice of counsel prior to
 filing such answer that the licensee may file  a  brief  and  affidavits
 with the committee on professional conduct, that the licensee may appear
 personally  before the committee on professional conduct, may be repres-
 ented by counsel and may present evidence or sworn testimony in  his  or
 her  behalf, and the notice may contain such other information as may be
 considered appropriate by the director. The department may also  present
 evidence  or  sworn  testimony and file a brief at the hearing. A steno-
 graphic record of the hearing shall be  made.  Such  evidence  or  sworn
 testimony  offered  to  the  committee  on professional conduct shall be
 strictly limited to evidence and testimony relating to  the  nature  and
 severity  of  the  penalty  to  be  imposed upon the licensee. Where the
 charges are based on the conviction of state law crimes in other  juris-
 dictions, evidence may be offered to the committee which would show that
 the  conviction would not be a crime in New York state. The committee on
 professional conduct may reasonably limit the number of witnesses  whose
 testimony  will  be  received and the length of time any witness will be
 permitted to testify. The determination of the committee shall be served
 upon the licensee and the department in accordance with  the  provisions
 of  paragraph  (h) of this subdivision. A determination pursuant to this
 subdivision may be reviewed  by  the  administrative  review  board  for
 professional medical conduct.
   (a)  The  medical society of the state of New York, the New York state
 osteopathic society or any district osteopathic society,  any  statewide
 medical  specialty  society  or  organization,  and every county medical
 society, every person licensed pursuant to [articles one  hundred  thir-
 ty-one,  one hundred thirty-one-B, one hundred thirty-three, one hundred
 thirty-seven and one hundred thirty-nine of the  education  law]  TITLES
 TWO,  FOUR, SEVEN, TEN, AND TWELVE OF ARTICLE FIFTY-ONE OF THIS CHAPTER,
 and the chief executive officer, the chief of the medical staff and  the
 chairperson of each department of every institution which is established
 pursuant  to  article  twenty-eight  of this chapter and a comprehensive
 health services plan pursuant to article forty-four of this  chapter  or
 article  forty-three  of  the insurance law, shall, and any other person
 S. 4007                            491                           A. 3007
 
 may, report to the board any  information  which  such  person,  medical
 society,  organization  institution or plan has which reasonably appears
 to show that a licensee is guilty of professional misconduct as  defined
 in  sections sixty-five hundred thirty and sixty-five hundred thirty-one
 of [the education law] THIS CHAPTER. Such reports shall remain confiden-
 tial and shall not be admitted into evidence in  any  administrative  or
 judicial  proceeding except that the board, its staff, or the members of
 its committees may begin investigations on the basis of such reports and
 may use them to develop further information.
   (a) Temporary surrender. The license and registration  of  a  licensee
 who may be temporarily incapacitated for the active practice of medicine
 and  whose  alleged incapacity has not resulted in harm to a patient may
 be  voluntarily  surrendered  to  the  board  for  professional  medical
 conduct,  which  may  accept  and hold such license during the period of
 such alleged incapacity or the board for  professional  medical  conduct
 may  accept  the surrender of such license after agreement to conditions
 to be met prior to the restoration of the license. The board shall  give
 prompt written notification of such surrender to the division of profes-
 sional licensing services of the state education department, and to each
 hospital  at  which  the  licensee  has  privileges.  The licensee whose
 license is so surrendered shall notify all patients and all persons  who
 request  medical  services  that  the licensee has temporarily withdrawn
 from the practice of medicine. The licensure status of each such  licen-
 see  shall  be  "inactive"  and  the licensee shall not be authorized to
 practice medicine. The temporary surrender shall not be deemed to be  an
 admission  of disability or of professional misconduct, and shall not be
 used as evidence of a violation of subdivision seven or eight of section
 sixty-five hundred thirty of [the education law] THIS CHAPTER unless the
 licensee practices while the license is "inactive".  Any  such  practice
 shall constitute a violation of subdivision twelve of section sixty-five
 hundred  thirty  of [the education law] THIS CHAPTER. The surrender of a
 license under this subdivision shall not  bar  any  disciplinary  action
 except  action  based solely upon the provisions of subdivision seven or
 eight of section sixty-five hundred thirty of [the education  law]  THIS
 CHAPTER  and  where no harm to a patient has resulted, and shall not bar
 any civil or criminal action or proceeding which might be brought  with-
 out  regard  to  such surrender. A surrendered license shall be restored
 upon a showing to  the  satisfaction  of  a  committee  of  professional
 conduct  of  the  state  board for professional medical conduct that the
 licensee is not  incapacitated  for  the  active  practice  of  medicine
 provided,  however,  that the committee may impose reasonable conditions
 on the licensee, if it determined that due to the nature and  extent  of
 the  licensee's  former  incapacity  such  conditions  are  necessary to
 protect the health of the people. The chairperson of the committee shall
 issue a restoration order adopting the decision of the committee. Prompt
 written notification of such restoration shall be given to the  division
 of  professional  licensing services of the [state education] department
 and to all hospitals  which  were  notified  of  the  surrender  of  the
 license.
   (b)  Permanent  surrender.  The license and registration of a licensee
 who may be permanently incapacitated for the active  practice  of  medi-
 cine,  and  whose  alleged  incapacity  has  not  resulted  in harm to a
 patient, may be voluntarily surrendered to the  board  for  professional
 medical  conduct.  The  board  shall give prompt written notification of
 such surrender to the division of professional licensing services of the
 state education department, and to each hospital at which  the  licensee
 S. 4007                            492                           A. 3007
 
 has privileges. The licensee whose license is so surrendered shall noti-
 fy  all  patients  and all persons who request medical services that the
 licensee has permanently withdrawn from the practice of medicine.    The
 permanent surrender shall not be deemed to be an admission of disability
 of  or  professional  misconduct, and shall not be used as evidence of a
 violation of subdivision seven or eight of  section  sixty-five  hundred
 thirty  of [the education law] THIS CHAPTER. The surrender shall not bar
 any civil or criminal action or proceeding which might be brought  with-
 out regard to such surrender. There shall be no restoration of a license
 that has been surrendered pursuant to this subdivision.
   (c) If the committee determines that reasonable cause exists as speci-
 fied in paragraph (a) of this subdivision and that there is insufficient
 evidence  for the matter to constitute misconduct as defined in sections
 sixty-five hundred thirty and section sixty-five hundred  thirty-one  of
 [the  education  law]  THIS  CHAPTER,  the  committee may issue an order
 directing that the licensee's practice of medicine be  monitored  for  a
 period  specified in the order, which shall in no event exceed one year,
 by a licensee approved by the director, which  may  include  members  of
 county medical societies or district osteopathic societies designated by
 the  commissioner.  The licensee responsible for monitoring the licensee
 shall submit regular reports to the director. If the licensee refuses to
 cooperate with the licensee responsible for monitoring or if  the  moni-
 toring  licensee  submits  a  report that the licensee is not practicing
 medicine with reasonable skill and safety to his or  her  patients,  the
 committee  may  refer the matter to the director for further proceedings
 pursuant to subdivision ten of this section. An order pursuant  to  this
 paragraph shall be kept confidential and shall not be subject to discov-
 ery or subpoena, unless the licensee refuses to comply with the order.
   §  19.  Paragraph  (i) of subdivision 1 of section 230-d of the public
 health law, as amended by chapter 438 of the laws of 2012, is amended to
 read as follows:
   (i) "Licensee" shall mean an individual licensed or otherwise  author-
 ized  under  article  one  hundred thirty-one, one hundred thirty-one-B,
 individuals who have obtained an issuance  of  a  privilege  to  perform
 podiatric  standard  or  advanced ankle surgery pursuant to subdivisions
 one and two of section seven thousand nine of [the education  law]  THIS
 CHAPTER.
   §  20.  Subdivision  5  of  section 230-d of the public health law, as
 added by chapter 365 of the laws of 2007, is amended to read as follows:
   5. The commissioner shall make, adopt,  promulgate  and  enforce  such
 rules  and regulations, as he or she may deem appropriate, to effectuate
 the purposes of this section. Where any rule or  regulation  under  this
 section would affect the scope of practice of a health care practitioner
 licensed, registered or certified under title eight of the education law
 other  than those licensed under [articles one hundred thirty-one or one
 hundred thirty-one-B of the education law]  ARTICLE  FIFTY-ONE  OF  THIS
 CHAPTER,  the  rule  or regulation shall be made with the concurrence of
 the commissioner of education.
   § 21. Paragraph (a) of subdivision 3 of  section  260  of  the  public
 health  law, as amended by chapter 84 of the laws of 2006, is amended to
 read as follows:
   (a) is licensed, or exempt from licensure, pursuant to  [articles  one
 hundred  thirty-one,  one  hundred thirty-one-B, one hundred thirty-two,
 one hundred thirty-three, one hundred thirty-six,  one  hundred  thirty-
 seven,  one  hundred  thirty-nine, one hundred forty, one hundred forty-
 one, one  hundred  forty-three,  one  hundred  forty-four,  one  hundred
 S. 4007                            493                           A. 3007

 fifty-three, one hundred fifty-four, one hundred fifty-five, one hundred
 fifty-six,  one hundred fifty-seven, one hundred fifty-nine, one hundred
 sixty, one hundred sixty-two, or one hundred sixty-four of the education
 law]  TITLES  TWO,  FOUR, SIX, SEVEN, NINE, TEN, TWELVE, THIRTEEN, FOUR-
 TEEN, FIFTEEN, SIXTEEN, SEVENTEEN, EIGHTEEN, NINETEEN, TWENTY AND  TWEN-
 TY-SIX OF ARTICLE FIFTY-ONE OF THIS CHAPTER;
   §  22.  Subdivision  1  of  section  462  of the public health law, as
 amended by chapter 562 of the laws  of  2001,  is  amended  to  read  as
 follows:
   1. This article shall not apply to or affect a physician duly licensed
 under [article one hundred thirty-one of the education law] TITLE TWO OF
 ARTICLE FIFTY-ONE OF THIS CHAPTER or x-ray technicians.
   §  23. Subdivision 2 of section 470 of the public health law, as added
 by chapter 514 of the laws of 2004, is amended to read as follows:
   2. No person shall  perform  a  tongue-splitting  on  another  person,
 unless  the person performing such tongue-splitting is licensed to prac-
 tice medicine pursuant to [article one hundred thirty-one of the  educa-
 tion  law] TITLE TWO OF ARTICLE FIFTY-ONE OF THIS CHAPTER or licensed to
 practice dentistry pursuant to [article one hundred thirty-three of  the
 education law] TITLE SEVEN OF ARTICLE FIFTY-ONE OF THIS CHAPTER.
   §  24.  Section 2509-c of the public health law, as added by section 5
 of subpart A of part JJ of chapter 56 of the laws of 2021, is amended to
 read as follows:
   § 2509-c. Availability  of  adverse  childhood  experiences  services.
 Every  pediatrics health care provider licensed pursuant to [article one
 hundred thirty-one of the education law] TITLE TWO OF ARTICLE  FIFTY-ONE
 OF  THIS  CHAPTER  shall  be  required  to provide the parent, guardian,
 custodian or other authorized individual of a child that  the  pediatri-
 cian  sees in their official capacity, with educational materials devel-
 oped pursuant to subdivision two of section three hundred  seventy-c  of
 the  social  services law. Such materials may be provided electronically
 and shall be used to inform and educate  them  about  adverse  childhood
 experiences,  the  importance of protective factors and the availability
 of services for children at risk for or experiencing  adverse  childhood
 experiences.
   §  25.  Subdivision  17  of  section 2511 of the public health law, as
 added by chapter 2 of the laws of 1998, is amended to read as follows:
   17. The commissioner, in  consultation  with  the  superintendent,  is
 authorized  to  establish and operate a child health information service
 which shall utilize advanced telecommunications technologies to meet the
 health information and support needs of children,  parents  and  medical
 professionals,  which  shall  include,  but not be limited to, treatment
 guidelines for children,  treatment  protocols,  research  articles  and
 standards  for the care of children from birth through eighteen years of
 age. Such information shall not constitute the practice of medicine,  as
 defined  in  [article one hundred thirty-one of the education law] TITLE
 TWO OF ARTICLE FIFTY-ONE OF  THIS CHAPTER.
   § 26. Paragraphs (a), (b), (c), (d), (e), (f),  (g),  (h),  (i),  (j),
 (k),  (l), (m) and (y) of subdivision 2 of section 2999-cc of the public
 health law, paragraphs (a), (b), (c), (d), (e), (f), (g), (h), (i), (j),
 (k), and (l) as amended and paragraph (m) as added by chapter 454 of the
 laws of 2015, and paragraph (y) as amended by section 1  of  part  V  of
 chapter 57 of the laws of 2022, are amended to read as follows:
   (a)  a  physician licensed pursuant to [article one hundred thirty-one
 of the education law] TITLE TWO OF ARTICLE FIFTY-ONE OF  THIS CHAPTER;
 S. 4007                            494                           A. 3007

   (b) a physician assistant licensed pursuant to  [article  one  hundred
 thirty-one-B  of  the  education law] TITLE FOUR OF ARTICLE FIFTY-ONE OF
 THIS CHAPTER;
   (c)  a  dentist licensed pursuant to [article one hundred thirty-three
 of the education law] TITLE SEVEN OF ARTICLE FIFTY-ONE OF  THIS CHAPTER;
   (d) a nurse practitioner licensed pursuant  to  [article  one  hundred
 thirty-nine  of  the education law] TITLE TWELVE OF ARTICLE FIFTY-ONE OF
 THIS CHAPTER;
   (e) a registered professional nurse licensed pursuant to [article  one
 hundred  thirty-nine  of  the  education  law]  TITLE  TWELVE OF ARTICLE
 FIFTY-ONE OF  THIS CHAPTER only when such nurse  is  receiving  patient-
 specific  health  information or medical data at a distant site by means
 of remote patient monitoring;
   (f) a podiatrist licensed pursuant to [article one  hundred  forty-one
 of  the education law] TITLE FOURTEEN OF ARTICLE FIFTY-ONE OF THIS CHAP-
 TER;
   (g) an optometrist licensed pursuant to [article  one  hundred  forty-
 three  of the education law] TITLE FIFTEEN OF ARTICLE FIFTY-ONE OF  THIS
 CHAPTER;
   (h) a psychologist licensed pursuant to [article  one  hundred  fifty-
 three  of  the  education  law]  TITLE SEVENTEEN OF ARTICLE FIFTY-ONE OF
 THIS CHAPTER;
   (i) a social worker licensed pursuant to [article one  hundred  fifty-
 four  of  the education law] TITLE EIGHTEEN OF ARTICLE FIFTY-ONE OF THIS
 CHAPTER;
   (j) a speech language pathologist or audiologist licensed pursuant  to
 [article  one  hundred fifty-nine of the education law] TITLE TWENTY-TWO
 OF ARTICLE FIFTY-ONE OF  THIS CHAPTER;
   (k) a midwife licensed pursuant to [article one hundred forty  of  the
 education law]  TITLE THIRTEEN OF ARTICLE FIFTY-ONE OF  THIS CHAPTER;
   (l)  a  physical  therapist  licensed pursuant to [article one hundred
 thirty-six of the education law] TITLE  NINE  OF  ARTICLE  FIFTY-ONE  OF
 THIS CHAPTER;
   (m)  an  occupational  therapist  licensed  pursuant  to  [article one
 hundred fifty-six of the education law] TITLE TWENTY OF  ARTICLE  FIFTY-
 ONE OF  THIS CHAPTER;
   (y)  a  mental  health  practitioner licensed pursuant to [article one
 hundred sixty-three of the education law] TITLE TWENTY-FIVE  OF  ARTICLE
 FIFTY-ONE OF THIS CHAPTER; and
   §  27.  Subdivision  7 of section 2999-cc of the public health law, as
 amended by section 3 of subpart C of part S of chapter 57 of the laws of
 2018, is amended to read as follows:
   7. "Remote patient monitoring" means the use of synchronous  or  asyn-
 chronous   electronic  information  and  communication  technologies  to
 collect personal health information and medical data from a  patient  at
 an  originating  site  that is transmitted to a telehealth provider at a
 distant site for use in the treatment and management of  medical  condi-
 tions  that  require  frequent monitoring. Such technologies may include
 additional interaction triggered  by  previous  transmissions,  such  as
 interactive  queries  conducted through communication technologies or by
 telephone. Such conditions shall include, but not be limited to, conges-
 tive heart failure, diabetes,  chronic  obstructive  pulmonary  disease,
 wound  care,  polypharmacy, mental or behavioral problems, and technolo-
 gy-dependent care such as  continuous  oxygen,  ventilator  care,  total
 parenteral nutrition or enteral feeding. Remote patient monitoring shall
 be  ordered  by  a  physician  licensed pursuant to [article one hundred
 S. 4007                            495                           A. 3007

 thirty-one of the education law] TITLE TWO OF ARTICLE FIFTY-ONE OF  THIS
 CHAPTER,  a nurse practitioner licensed pursuant to [article one hundred
 thirty-nine of the education law] TITLE TWELVE OF ARTICLE  FIFTY-ONE  OF
 THIS  CHAPTER,  or  a  midwife licensed pursuant to [article one hundred
 forty of the education law] TITLE THIRTEEN OF ARTICLE FIFTY-ONE OF  THIS
 CHAPTER,  with which the patient has a substantial and ongoing relation-
 ship.
   § 28. The opening paragraph of paragraph c of subdivision 1 and subdi-
 vision 4 of section 3383 of the public health law, as added  by  chapter
 494 of the laws of 1982, are amended to read as follows:
   "Imitation  controlled substance" means a substance, other than a drug
 for which a prescription is required pursuant to  [article  one  hundred
 thirty-seven  of  the  education  law] TITLE TEN OF ARTICLE FIFTY-ONE OF
 THIS CHAPTER, that is not a controlled substance, which by  dosage  unit
 appearance,  including  color, shape and size and by a representation is
 represented to be a controlled substance, as defined in the  penal  law.
 Evidence of representations that the substance is a controlled substance
 may include but is not limited to oral or written representations by the
 manufacturer  or  seller,  as  the case may be, about the substance with
 regard to:
   4. No liability shall be imposed by virtue  of  this  section  on  any
 person  licensed  pursuant  to  [article  one  hundred thirty-one of the
 education law] TITLE  TWO  OF  ARTICLE  FIFTY-ONE  OF  THIS  CHAPTER  or
 licensed under this article who manufactures, [distributed] DISTRIBUTES,
 sells,  prescribes,  dispenses  or  possesses  an  imitation  controlled
 substance for use as a placebo or for use in clinical research conducted
 pursuant to the federal food, drug and cosmetic act.
   § 29. Section 3700 of the public health law, as amended by chapter  48
 of the laws of 2012, is amended to read as follows:
   § 3700. Definitions. As used in this article:
   1.  Physician assistant. The term "physician assistant" means a person
 who is licensed as a physician assistant pursuant to section  sixty-five
 hundred forty-one of the [education] PUBLIC HEALTH law.
   2.  Physician.  The  term "physician" means a practitioner of medicine
 licensed to practice medicine pursuant to [article one  hundred  thirty-
 one  of  the  education  law]  TITLE  TWO  OF  ARTICLE FIFTY-ONE OF THIS
 CHAPTER.
   3. Hospital. The term "hospital"  means  an  institution  or  facility
 possessing  a  valid  operating  certificate  issued pursuant to article
 twenty-eight of this chapter and authorized to employ physician  assist-
 ants  in  accordance with rules and regulations of the public health and
 health planning council.
   4. Approved program. The term "approved program" means a  program  for
 the  education  of physician assistants which has been formally approved
 by the [education] department.
   § 30. Section 3710 of the public health law, as amended by chapter  48
 of the laws of 2012, is amended to read as follows:
   § 3710. Definitions. As used in this article:
   1.  Specialist  assistant.  The  term  "specialist  assistant" means a
 person who is registered pursuant to section sixty-five  hundred  forty-
 eight of the [education] PUBLIC HEALTH law as a specialist assistant for
 a particular medical speciality as defined by regulations promulgated by
 the commissioner pursuant to section thirty-seven hundred eleven of this
 article.
   2.  Physician.  The  term "physician" means a practitioner of medicine
 licensed to practice medicine pursuant to [article one  hundred  thirty-
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 one  of  the  education  law]  TITLE  TWO  OF  ARTICLE FIFTY-ONE OF THIS
 CHAPTER.
   3.  Hospital.  The  term  "hospital"  means an institution or facility
 possessing a valid operating  certificate  issued  pursuant  to  article
 twenty-eight of this chapter and authorized to employ specialist assist-
 ants  in  accordance with rules and regulations of the public health and
 health planning council.
   4. Approved program. The term "approved program" means a  program  for
 the  education of specialist assistants which has been formally approved
 by the [education] department.
   § 31. Subdivision 2 of section 4702  of  the  public  health  law,  as
 amended  by  chapter  805  of  the  laws  of 1984, is amended to read as
 follows:
   2. "Shared health facility" or "facility" means any arrangement where-
 in four or more practitioners licensed under the provisions of  [article
 one  hundred  thirty-one,  one hundred thirty-one-a, one hundred thirty-
 two, one hundred thirty-three, one  hundred  thirty-seven,  one  hundred
 thirty-nine, one hundred forty-one, one hundred forty-three, one hundred
 forty-four,  one  hundred  fifty-six  or  one  hundred fifty-nine of the
 education law] TITLES TWO, THREE, SIX, SEVEN, TWELVE, FOURTEEN, FIFTEEN,
 SIXTEEN, TWENTY OR TWENTY-TWO OF ARTICLE FIFTY-ONE OF THIS CHAPTER,  one
 or  more  of  whom  receives  payment  under the program and whose total
 aggregate monthly remuneration from such program is in  excess  of  five
 thousand  dollars  for any one month during the preceding twelve months,
 (a) practice their professions at a common physical  location;  and  (b)
 share  (i)  common  waiting  areas,  examining rooms, treatment rooms or
 other space, or (ii) the services of supporting staff, or  (iii)  equip-
 ment; and (c) a person, whether such person is a practitioner or not, is
 in charge of, controls, manages or supervises substantial aspects of the
 arrangement  or operation for the delivery of health or medical services
 at said common physical location, other than the  direct  furnishing  of
 professional  services  by  the  practitioners  to  their patients, or a
 person makes available to the practitioners the services  of  supporting
 staff who are not employees of the practitioners.  "Shared health facil-
 ity"  does not mean or include practitioners practicing their profession
 as a partnership provided that  members  of  the  supporting  staff  are
 employees  of  such  legal  entity and if there is an office manager, or
 person with similar title, he OR SHE is an employee of the legal  entity
 whose  compensation is customary and not excessive for such services and
 there is no person described  in  paragraph  (c)  of  this  subdivision.
 "Shared  health  facility" does not mean or include any entity organized
 pursuant to the provisions of article twenty-eight of  this  chapter  or
 operating under a certificate issued pursuant to the provisions of arti-
 cle  thirteen  of the mental hygiene law; nor shall it mean or include a
 facility wherein ambulatory medical services are provided by  an  organ-
 ized  group  of physicians pursuant to an arrangement between such group
 and a health services corporation operating under article forty-three of
 the insurance law or a health maintenance organization  operating  under
 article  forty-four  of  the  public  health  law,  and where the health
 services corporation or the health  maintenance  organization  is  reim-
 bursed  on  a  prepaid capitation basis for the provision of health care
 services under New York state's medical assistance program.
   § 32. Subdivision 12 of section 130.00 of the penal law, as  added  by
 chapter 1 of the laws of 2000, is amended to read as follows:
   12.  "Health care provider" means any person who is, or is required to
 be, licensed or registered  or  holds  himself  or  herself  out  to  be
 S. 4007                            497                           A. 3007
 
 licensed  or  registered,  or  provides  services  as  if he or she were
 licensed or registered in  the  profession  of  medicine,  chiropractic,
 dentistry  or  podiatry under any of the following: [article one hundred
 thirty-one,  one  hundred  thirty-two,  one hundred thirty-three, or one
 hundred forty-one of the education law] TITLES TWO, SIX, SEVEN AND FOUR-
 TEEN OF ARTICLE FIFTY-ONE OF THE PUBLIC HEALTH LAW.
   § 33. Paragraph (iv) of subdivision 5 of section 1750-b of the  surro-
 gate's  court  procedure  act,  as amended by chapter 198 of the laws of
 2016, is amended to read as follows:
   (iv) any other health care  practitioner  providing  services  to  the
 person  who  is  intellectually  disabled,  who  is licensed pursuant to
 [article one hundred thirty-one, one hundred thirty-one-B,  one  hundred
 thirty-two,  one  hundred  thirty-three,  one  hundred  thirty-six,  one
 hundred thirty-nine, one hundred forty-one, one hundred forty-three, one
 hundred forty-four, one hundred fifty-three, one hundred fifty-four, one
 hundred fifty-six, one hundred fifty-nine or one hundred  sixty-four  of
 the education law] TITLES TWO, FOUR, SIX, SEVEN, NINE, TWELVE, FOURTEEN,
 FIFTEEN,  SIXTEEN,  TWENTY  AND  TWENTY-TWO  OF ARTICLE FIFTY-ONE OF THE
 PUBLIC HEALTH LAW; or
   § 34. Subparagraph (iii) of paragraph (d) of subdivision 1 of  section
 367-a  of the social services law, as amended by section 31 of part B of
 chapter 57 of the laws of 2015, is amended to read as follows:
   (iii) With respect to items and services provided to eligible  persons
 who  are  also  beneficiaries under part B of title XVIII of the federal
 social security act and items and services provided to  qualified  medi-
 care  beneficiaries  under  part  B of title XVIII of the federal social
 security act, the amount payable for services covered under  this  title
 shall  be  the  amount  of  any  co-insurance liability of such eligible
 persons pursuant to federal law  were  they  not  eligible  for  medical
 assistance  or  were  they  not  qualified  medicare  beneficiaries with
 respect to such benefits under such part B, but  shall  not  exceed  the
 amount  that  otherwise would be made under this title if provided to an
 eligible person other than a person who is also a beneficiary under part
 B or is a qualified medicare beneficiary minus the amount payable  under
 part  B;  provided,  however, amounts payable under this title for items
 and services provided to eligible persons  who  are  also  beneficiaries
 under  part  B  or  to  qualified medicare beneficiaries by an ambulance
 service under the authority of an operating certificate issued  pursuant
 to  article  thirty  of  the  public health law, a psychologist licensed
 under [article one hundred  fifty-three  of  the  education  law]  TITLE
 SEVENTEEN  OF ARTICLE FIFTY-ONE OF THE PUBLIC HEALTH LAW,  or a facility
 under the authority of an operating certificate issued pursuant to arti-
 cle sixteen, thirty-one or thirty-two of the mental hygiene law and with
 respect to outpatient hospital and clinic items and services provided by
 a facility under the authority of an operating certificate issued pursu-
 ant to article twenty-eight of the public health law, shall not be  less
 than  the  amount of any co-insurance liability of such eligible persons
 or such qualified medicare beneficiaries, or  for  which  such  eligible
 persons  or  such qualified medicare beneficiaries would be liable under
 federal law were they not eligible for medical assistance or  were  they
 not qualified medicare beneficiaries with respect to such benefits under
 part B.
   § 35. Subdivisions 2 and 3 of section 2999-r of the public health law,
 as  amended  by  chapter 461 of the laws of 2012, are amended to read as
 follows:
 S. 4007                            498                           A. 3007
 
   2. With respect to the  planning,  implementation,  and  operation  of
 ACOs, the commissioner, by regulation, shall specifically delineate safe
 harbors that exempt ACOs from the application of the following statutes:
   (a)  article  twenty-two  of  the  general  business  law  relating to
 arrangements and agreements in restraint of trade;
   (b) [article one hundred thirty-one-A  of  the  education  law]  TITLE
 THREE  OF  ARTICLE  FIFTY-ONE  OF THIS CHAPTER relating to fee-splitting
 arrangements; and
   (c) title two-D of article two of this chapter relating to health care
 practitioner referrals.
   3. For the purposes of this article, an ACO shall be deemed  to  be  a
 hospital  for  purposes of sections twenty-eight hundred five-j, twenty-
 eight hundred  five-k,  twenty-eight  hundred  five-l  and  twenty-eight
 hundred  five-m  of  this  chapter  and  subdivisions  three and five of
 section sixty-five hundred twenty-seven  of  [the  education  law]  THIS
 CHAPTER.
   §  36.  Paragraph (b) of subdivision 1 of section 4405-b of the public
 health law, as amended by chapter 542 of the laws of 2000, is amended to
 read as follows:
   (b) An organization shall make a report to be made to the  appropriate
 professional  disciplinary  agency within thirty days of obtaining know-
 ledge of any information that reasonably appears to show that  a  health
 professional is guilty of professional misconduct as defined in [article
 one  hundred  thirty  or  one hundred thirty-one-A of the education law]
 TITLE ONE OR THREE OF ARTICLE FIFTY-ONE OF THIS CHAPTER. A violation  of
 this  subdivision  shall  not  be  subject  to the provisions of section
 twelve-b of this chapter.
   § 37. Section 923 of the public health law, as added by section 23  of
 part D of chapter 56 of the laws of 2012, is amended to read as follows:
   §  923.  Definitions.  The  following words or phrases as used in this
 section shall have the following meanings:
   1. "Underserved area" means an area  or  medically  underserved  popu-
 lation  designated  by  the commissioner as having a shortage of primary
 care physicians, other primary care practitioners, dental  practitioners
 or mental health practitioners.
   2. "Primary care service corps practitioner" means a physician assist-
 ant,  nurse practitioner, midwife, general or pedodontic dentist, dental
 hygienist,  clinical  psychologist,  licensed  clinical  social  worker,
 psychiatric  nurse practitioner, licensed marriage and family therapist,
 or a licensed mental health counselor, who is licensed,  registered,  or
 certified  to  practice  in  New York state and who provides coordinated
 primary care services, including, but not limited to,  oral  health  and
 mental health services and meets the national health service corps state
 loan repayment program eligibility criteria.
   3.  "Physician  assistant"  means  a person who has been registered as
 such pursuant to [article one hundred thirty-one-B of the education law]
 TITLE FOUR OF ARTICLE FIFTY-ONE OF THIS CHAPTER and meets  the  national
 health service corps state loan repayment program eligibility criteria.
   4.  "Nurse practitioner" means a person who has been certified as such
 pursuant to section sixty-nine hundred ten of [the education  law]  THIS
 CHAPTER and meets the national health service corps state loan repayment
 program eligibility criteria.
   5.  "Midwife" means a person who has been licensed as such pursuant to
 section sixty-nine hundred fifty-five of [the education law] THIS  CHAP-
 TER  and  meets  the  national health service corps state loan repayment
 program eligibility criteria.
 S. 4007                            499                           A. 3007

   6. "Psychologist" means a person who has been licensed as such  pursu-
 ant  to  section  seventy-six  hundred three of [the education law] THIS
 CHAPTER and meets the national health service corps state loan repayment
 program eligibility criteria.
   7.  "Licensed  clinical  social  worker"  means  a person who has been
 licensed as such pursuant to section seventy-seven hundred two  of  [the
 education  law] THIS CHAPTER and meets the national health service corps
 state loan repayment program eligibility criteria.
   8. "Psychiatric nurse practitioner" means a nurse practitioner who, by
 reason of training and experience, provides a full spectrum of psychiat-
 ric care, assessing, diagnosing, and managing the prevention and  treat-
 ment  of  psychiatric disorders and mental health problems and meets the
 national health service corps state loan repayment  program  eligibility
 criteria.
   9.  "Licensed  marriage  and  family therapist" means a person who has
 been licensed as such pursuant to section eighty-four hundred  three  of
 [the  education  law] THIS CHAPTER and meets the national health service
 corps state loan repayment program eligibility criteria.
   10. "Licensed mental health counselor" means a  person  who  has  been
 licensed  as  such  pursuant  to section eighty-four hundred two of [the
 education law] THIS CHAPTER and meets the national health service  corps
 state loan repayment program eligibility criteria.
   11.  "General  or  pedodontic  dentist"  means  a  person who has been
 licensed or otherwise  authorized  to  practice  dentistry  pursuant  to
 [article  one  hundred thirty-three of the education law] TITLE SEVEN OF
 ARTICLE FIFTY-ONE OF THIS CHAPTER excluding orthodontists,  endodontists
 and periodontists and meets the national health service corps state loan
 repayment program eligibility criteria.
   12.  "Dental  hygienist"  means  a  person who is licensed to practice
 dental hygiene pursuant to section sixty-six hundred nine of [the educa-
 tion law] THIS CHAPTER and meets the national health service corps state
 loan repayment program eligibility criteria.
   § 38. Subdivision 3 of section 2998-e of the  public  health  law,  as
 added by chapter 365 of the laws of 2007, is amended to read as follows:
   3.  The  commissioner  shall  make, adopt, promulgate and enforce such
 rules and regulations, as he or she may deem appropriate, to  effectuate
 the  purposes  of this section. [Where any rule or regulation under this
 section would affect the scope of practice of a health care practitioner
 licensed, registered or certified under title eight of the education law
 other than those licensed under articles one hundred thirty-one  or  one
 hundred  thirty-one-B of the education law, the rule or regulation shall
 be made with the concurrence of the commissioner of education.]
   § 39. Subdivision 3 of section 838 of the executive law, as amended by
 chapter 708 of the laws of 1983, is amended to read as follows:
   3. In addition to the foregoing provisions of this section, the county
 medical examiner or coroner shall cause a dentist authorized to practice
 pursuant to [article one hundred  thirty-three  of  the  education  law]
 TITLE  FOUR  OF  ARTICLE  FIFTY-ONE OF THE PUBLIC HEALTH LAW or a dental
 student in a registered school of dentistry in this state to carry out a
 dental examination of the deceased.  The  medical  examiner  or  coroner
 shall  forward  the dental examination records to the division on a form
 supplied by the division for that purpose.
   § 40. Subdivisions 1 and 2 of section 1394-c of the public health law,
 as amended by chapter 142 of the laws of 2022, are amended  to  read  as
 follows:
 S. 4007                            500                           A. 3007
 
   1.  Camps  for children with developmental disabilities, as defined in
 regulations,  and  in  compliance  with  the  justice  center  for   the
 protection  of  people with special needs, shall be authorized to employ
 or contract with any of the individuals  licensed  under  [articles  one
 hundred  thirty-two,  one hundred thirty-six, one hundred fifty-six, one
 hundred fifty-nine, one hundred sixty-two and one hundred sixty-seven of
 the education law] TITLES FOUR, NINE,  TWENTY,  TWENTY-TWO,  TWENTY-FOUR
 AND TWENTY-NINE OF ARTICLE FIFTY-ONE OF THIS CHAPTER, to provide profes-
 sional  services for any period during which the camp has a valid permit
 to operate. Individuals hired under this section shall communicate  with
 the  camp  health director when medically necessary for the sole purpose
 of providing health services that benefit campers and staff at the  camp
 while  the  camp  is in operation. In cases where the camp health direc-
 tor's lawful scope of practice is more limited than that of the licensed
 professional providing services, the  camp  health  director  shall  not
 supervise the provision of such treatment, but shall be informed of such
 treatment  as medically necessary to ensure the well-being of the camper
 and staff.
   2. All  decisions,  identification  or  coordination  of  professional
 services,  or  other  professional  interactions with campers and staff,
 must be made based on the professional judgment  of  such  licensees  to
 provide professional services within his or her lawful scope of practice
 for the purpose of treating campers and staff during their attendance or
 employment at such camp, pursuant to applicable regulations [promulgated
 by the commissioner in consultation with the commissioner of education].
   §  41.  Subparagraphs (iii) and (iv) of paragraph (d) of subdivision 3
 of section 13-c of the workers' compensation law, subparagraph (iii)  as
 added  by chapter 803 of the laws of 1983 and subparagraph (iv) as added
 by chapter 649 of the laws of 1985, are amended to read as follows:
   (iii) When physical therapy care is required it shall be rendered by a
 duly licensed physical therapist upon the referral which may  be  direc-
 tive as to treatment of an authorized physician or podiatrist within the
 scope  of  such physical therapist's specialized training and qualifica-
 tions as defined in [article one hundred  thirty-six  of  the  education
 law]  TITLE  NINE OF ARTICLE FIFTY-ONE OF THE PUBLIC HEALTH LAW. Reports
 of such treatment and records of  instruction  for  treatment,  if  any,
 shall be maintained by the physical therapist and referring professional
 and  submitted  to  the  chairman on such forms and at such times as the
 chairman may require.
   (iv) When occupational therapy care is required it shall  be  rendered
 by  a  duly  licensed  and  registered  occupational  therapist upon the
 prescription or referral of an authorized physician within the scope  of
 such occupational therapist's specialized training and qualifications as
 defined  in  [article  one hundred fifty-six of the education law] TITLE
 TWENTY OF ARTICLE FIFTY-ONE OF THE PUBLIC HEALTH LAW.  Reports  of  such
 treatment  and  records  of  instruction for treatment, if any, shall be
 maintained by the occupational therapist and referring professional  and
 submitted  to the chairman on such forms and at such times as the chair-
 man may require.
   § 42. Subparagraphs (iii) and (iv) of paragraph (d) of  subdivision  4
 of  section  13-c  of the workers' compensation law, as added by chapter
 362 of the laws of 1986, are amended to read as follows:
   (iii) When physical therapy care is required it shall be rendered by a
 duly licensed physical therapist upon the referral which may  be  direc-
 tive as to treatment of an authorized physician or podiatrist within the
 scope  of  such physical therapist's specialized training and qualifica-
 S. 4007                            501                           A. 3007
 
 tions as defined in [article one hundred  thirty-six  of  the  education
 law]  TITLE  NINE OF ARTICLE FIFTY-ONE OF THE PUBLIC HEALTH LAW. Reports
 of such treatment and records of  instruction  for  treatment,  if  any,
 shall be maintained by the physical therapist and referring professional
 and  submitted  to  the  chairman of such forms and at such times as the
 chairman may require.
   (iv) When occupational therapy care is required it shall  be  rendered
 by  a  duly  licensed  and  registered  occupational  therapist upon the
 prescription or referral of an authorized physician within the scope  of
 such occupational therapist's specialized training and qualifications as
 defined  in  [article  one hundred fifty-six of the education law] TITLE
 TWENTY OF ARTICLE FIFTY-ONE OF THE PUBLIC HEALTH LAW.  Reports  of  such
 treatment  and  records  of  instruction for treatment, if any, shall be
 maintained by the occupational therapist and referring professional  and
 submitted  to the chairman on such forms and at such times as the chair-
 man may require.
 Reports of such treatment and supervision shall be made by  such  physi-
 cian to the chairman on such forms and at such times as the chairman may
 require.
   §  43.  Subdivision  2 of section 40 of the cannabis law is amended to
 read as follows:
   2. Medical cannabis shall not be deemed to be a "drug" for purposes of
 [article one hundred thirty-seven of the education  law]  TITLE  TEN  OF
 ARTICLE FIFTY-ONE OF THE PUBLIC HEALTH LAW.
   § 44. Subdivision 25 of section 206 of the public health law, as added
 by chapter 563 of the laws of 2008, is amended to read as follows:
   25.  (a)  In  assessing  and reporting on the impact of section sixty-
 eight hundred one of [the  education  law]  THIS  CHAPTER,  pursuant  to
 subdivision four of such section the commissioner may use: (1) influenza
 vaccine  supply  data  from  the federal centers for disease control and
 prevention; (2) pneumococcal vaccine supply data provided by manufactur-
 ers and distributors of such vaccine; and (3) data from  a  third  party
 entity that engages in the collection of data and tracking of pharmaceu-
 tical  sales and distribution. Manufacturers and distributors of pneumo-
 coccal vaccine shall provide or arrange for the timely provision to  the
 commissioner  of such data as the commissioner may reasonably request to
 complete the report.  Provider  and  customer  identifiable  information
 submitted  pursuant  to this paragraph shall be confidential, unless the
 information provider consents to its release or the commissioner  deter-
 mines  disclosure  is  necessary to respond to an imminent public health
 emergency.
   (b) Notwithstanding the provisions of paragraph (a) of  this  subdivi-
 sion, the commissioner may require reporting by entities licensed pursu-
 ant  to  article  twenty-eight or thirty-six of this chapter, pharmacies
 registered pursuant to [article one hundred thirty-seven of  the  educa-
 tion  law]  TITLE TEN OF ARTICLE FIFTY-ONE OF THE THIS CHAPTER, manufac-
 turers and distributors of adult immunizing  agents  doing  business  in
 this  state, and others possessing such adult immunizing agents of addi-
 tional information needed to respond to an imminent public health  emer-
 gency.
   §  45. Subdivisions 3 and 41 of section 3302 of the public health law,
 as amended by chapter 92 of the laws of 2021, are  amended  to  read  as
 follows:
   3.  "Agent" means an authorized person who acts on behalf of or at the
 direction of a manufacturer, distributor, or dispenser. No person may be
 authorized to so act if under [title VIII of the education law]  ARTICLE
 S. 4007                            502                           A. 3007
 
 FIFTY-ONE  OF  THIS CHAPTER such person would not be permitted to engage
 in such conduct. It does not  include  a  common  or  contract  carrier,
 public  warehouseman,  or  employee  of the carrier or warehouseman when
 acting in the usual and lawful course of the carrier's or warehouseman's
 business.
   41. "Outsourcing facility" means a facility that:
   (a)  is  engaged  in  the  compounding  of sterile drugs as defined in
 section sixty-eight hundred two of [the education law] THIS CHAPTER;
   (b) is currently registered as an  outsourcing  facility  pursuant  to
 [article  one  hundred  thirty-seven  of the education law] TITLE TEN OF
 ARTICLE FIFTY-ONE OF THIS CHAPTER; and
   (c) complies with all applicable requirements  of  federal  and  state
 law, including the Federal Food, Drug and Cosmetic Act.
   Notwithstanding  any  other  provision of law to the contrary, when an
 outsourcing facility distributes or dispenses any  drug  to  any  person
 pursuant to a prescription, such outsourcing facility shall be deemed to
 be  providing  pharmacy services and shall be subject to all laws, rules
 and regulations governing pharmacies and pharmacy services.
   § 46. Subdivision 2 and subparagraphs (ii) and (iii) of paragraph  (a)
 of subdivision 3 of section 3309 of the public health law, as amended by
 chapter 42 of the laws of 2014, are amended to read as follows:
   2.  Notwithstanding  any inconsistent provisions of section sixty-five
 hundred twelve of [the education law] THIS CHAPTER or any other law, the
 purchase, acquisition, possession or use of an opioid antagonist  pursu-
 ant  to  this  section  shall  not constitute the unlawful practice of a
 profession or other violation under title eight of  the  education  law,
 ARTICLE FIFTY-ONE OF THIS CHAPTER, or this article.
   (ii) "Health care professional" means a person licensed, registered or
 authorized  pursuant  to  [title  eight  of  the  education law] ARTICLE
 FIFTY-ONE OF THIS CHAPTER to prescribe prescription drugs.
   (iii) "Pharmacist" means a person licensed or authorized  to  practice
 pharmacy  pursuant to [article one hundred thirty-seven of the education
 law] TITLE TEN OF ARTICLE FIFTY-ONE THIS CHAPTER.
   § 46-a. Paragraph (b) of subdivision 2 of section 3368 of  the  public
 health  law,  as  added by chapter 90 of the laws of 2014, is amended to
 read as follows:
   (b) Medical marihuana shall not be deemed to be a "drug" for  purposes
 of  [article one hundred thirty-seven of the education law] TITLE TEN OF
 ARTICLE FIFTY-ONE OF THIS CHAPTER.
   § 47. Subdivisions 1 and 4 of section 3381 of the public  health  law,
 as  amended  by  chapter 433 of the laws of 2021, are amended to read as
 follows:
   1. It shall be unlawful for any person to sell or furnish  to  another
 person or persons, a hypodermic syringe or hypodermic needle except:
   (a)  pursuant  to  a  prescription  of  a  practitioner, which for the
 purposes of this section shall include a patient  specific  prescription
 form as provided for in [the education law] THIS CHAPTER; or
   (b)  to persons who have been authorized by the commissioner to obtain
 and possess such instruments; or
   (c) by a pharmacy licensed under [article one hundred thirty-seven  of
 the  education  law]  TITLE  TEN  OF  ARTICLE FIFTY-ONE OF THIS CHAPTER,
 health care facility licensed under article twenty-eight of this chapter
 or a health care practitioner who is otherwise authorized  to  prescribe
 the  use  of  hypodermic  needles or syringes within his or her scope of
 practice; provided, however, that such sale  or  furnishing:  (i)  shall
 S. 4007                            503                           A. 3007
 
 only be to a person eighteen years of age or older; and (ii) shall be in
 accordance with subdivision four of this section; or
   (d) under subdivision three of this section.
   4.  (a) A person eighteen years of age or older may obtain and possess
 a hypodermic syringe or hypodermic needle pursuant to paragraph  (c)  of
 subdivision one of this section.
   (b)  Subject  to  regulations of the commissioner, a pharmacy licensed
 under [article one hundred thirty-seven of the education law] TITLE  TEN
 OF  ARTICLE  FIFTY-ONE  OF THIS CHAPTER, a health care facility licensed
 under article twenty-eight of this chapter or a health care practitioner
 who is otherwise authorized to prescribe the use of  hypodermic  needles
 or  syringes within his or her scope of practice, may obtain and possess
 hypodermic needles or syringes for the purpose of selling or  furnishing
 them pursuant to paragraph (c) of subdivision one of this section or for
 the purpose of disposing of them.
   (c) Sale or furnishing of hypodermic syringes or hypodermic needles to
 direct consumers pursuant to this subdivision by a pharmacy, health care
 facility,  or  health care practitioner shall be accompanied by a safety
 insert. Such safety insert shall be developed or approved by the commis-
 sioner and shall include, but not be limited to, (i) information on  the
 proper  use of hypodermic syringes and hypodermic needles; (ii) the risk
 of blood borne diseases that may  result  from  the  use  of  hypodermic
 syringes and hypodermic needles; (iii) methods for preventing the trans-
 mission  or  contraction of blood borne diseases; (iv) proper hypodermic
 syringe and hypodermic needle disposal practices; (v) information on the
 dangers of injection drug use, and how to access drug treatment; (vi)  a
 toll-free  phone  number  for  information on the human immunodeficiency
 virus; and (vii) information on the safe disposal of hypodermic syringes
 and hypodermic needles including the relevant provisions of the environ-
 mental conservation law relating to the unlawful  release  of  regulated
 medical waste. The safety insert shall be attached to or included in the
 hypodermic syringe and hypodermic needle packaging, or shall be given to
 the purchaser at the point of sale or furnishing in brochure form.
   (d)  In  addition  to the requirements of paragraph (c) of subdivision
 one of this section, a pharmacy  licensed  under  [article  one  hundred
 thirty-seven  of  the  education  law] TITLE TEN OF ARTICLE FIFTY-ONE OF
 THIS CHAPTER may sell or furnish hypodermic needles or syringes only  if
 such  pharmacy  stores  such needles and syringes in a manner that makes
 them available only to authorized personnel and not openly available  to
 customers.
   (e)  A  pharmacy registered under [article one hundred thirty-seven of
 the education law] TITLE TEN OF ARTICLE FIFTY-ONE OF  THIS  CHAPTER  may
 offer counseling and referral services to customers purchasing hypoderm-
 ic  syringes  for  the  purpose of: preventing injection drug abuse; the
 provision of  drug  treatment;  preventing  and  treating  hepatitis  C;
 preventing  drug overdose; testing for the human immunodeficiency virus;
 and providing pre-exposure prophylaxis and  non-occupational  post-expo-
 sure  prophylaxis.  The content of such counseling and referral shall be
 at the professional discretion of the pharmacist.
   (f) The commissioner shall promulgate rules and regulations  necessary
 to implement the provisions of this subdivision which shall include: (i)
 standards for advertising to the public the availability for retail sale
 or  furnishing of hypodermic syringes or needles; and (ii) a requirement
 that such pharmacies, health care facilities and health care practition-
 ers cooperate in a safe disposal of used hypodermic needles or syringes.
 S. 4007                            504                           A. 3007
 
   (g) The commissioner may, upon the finding  of  a  violation  of  this
 section, suspend for a determinate period of time the sale or furnishing
 of syringes by a specific entity.
   §  48.  The  opening  paragraph  of  paragraph  15 of subdivision a of
 section 265.20 of the penal law, as added by chapter 354 of the laws  of
 1996, is amended to read as follows:
   Possession and sale of a self-defense spray device as defined in para-
 graph  fourteen  of  this  subdivision  by a dealer in firearms licensed
 pursuant to section 400.00 of this chapter, a pharmacist licensed pursu-
 ant to [article one hundred thirty-seven of the education law] TITLE TEN
 OF ARTICLE FIFTY-ONE OF THE PUBLIC HEALTH LAW or by such other vendor as
 may be authorized and approved by the superintendent of state police.
   § 49. Intentionally omitted.
   § 50. Section 182 of the general business law, as added by chapter 731
 of the laws of 1952 and as renumbered by chapter  893  of  the  laws  of
 1958, is amended to read as follows:
   §  182.  Cards  to  be  furnished  nurses; registry records. A nurses'
 registry shall send out to practice nursing only persons  duly  licensed
 pursuant to [article one hundred thirty-nine of the education law] TITLE
 TWELVE  OF  ARTICLE  FIFTY-ONE  OF THE PUBLIC HEALTH LAW as a registered
 professional nurse or licensed practical nurse. Every nurses'  registry,
 before  sending a person out to practice nursing, shall investigate such
 person's educational qualifications and verify such  person's  licensure
 and  current registration. At least two current written references shall
 be required of such person.    The  record  of  such  investigation  and
 verification shall be kept on file in the registry.
   Every  nurses'  registry  that sends out any such person shall at such
 time give to such person and send to the employer of such person a  card
 stating  (1)  such  person's  name, address and salary, (2) whether such
 person is a registered professional nurse or licensed  practical  nurse,
 (3)  the  number  of the current registration certificate issued to such
 person by the [education] department OF HEALTH, and (4) a statement that
 the record of such person's educational qualifications and experience in
 the practice of nursing is on file in such  registry  and  that  a  copy
 thereof  will  be  sent to such employer on request. A copy of such card
 shall be kept on file in the registry.
   The  record  of  investigation  and  verification  and  the  card-copy
 required  by this section to be kept on file shall be open to inspection
 by any duly authorized agent of the university of the state of New York,
 and every nurses' registry shall furnish a complete list of  its  regis-
 trants on request of such agent.
   §  51.    Subdivision 4 of section 185 of the general business law, as
 amended by chapter 998 of the laws  of  1960,  is  amended  to  read  as
 follows:
   4.  Types of employment. For the purpose of placing a ceiling over the
 fees charged by persons conducting employment agencies, types of employ-
 ment shall be classified as follows:
   Class "A"--domestics,  household  employees,  unskilled  or  untrained
 manual workers and laborers, including agricultural workers;
   Class  "A1"--non-professional trained or skilled industrial workers or
 mechanics;
   Class "B"--commercial, clerical, executive, administrative and profes-
 sional employment, all employment outside the continental United States,
 and all other employment not included in classes "A", "A1", "C" and "D";
   Class "C"--theatrical engagements;
 S. 4007                            505                           A. 3007

   Class "D"--nursing engagements as defined in TITLE TWELVE  OF  article
 [one  hundred  thirty-nine  of  the  education]  FIFTY-ONE OF THE PUBLIC
 HEALTH law.
   §  52.  Item (i) of subparagraph (A) of paragraph 10 of subsection (i)
 of section 3216 of the insurance law, as amended by chapter 238  of  the
 laws of 2010,  is amended to read as follows:
   (i) Every policy which provides hospital, surgical or medical coverage
 shall  provide coverage for maternity care, including hospital, surgical
 or medical care to the same extent that hospital,  surgical  or  medical
 coverage  is  provided  for  illness  or  disease under the policy. Such
 maternity care coverage,  other  than  coverage  for  perinatal  compli-
 cations,  shall  include  inpatient hospital coverage for mother and for
 newborn for at least forty-eight hours after childbirth for any delivery
 other than a caesarean section, and for at least ninety-six hours  after
 a  caesarean section. Such coverage for maternity care shall include the
 services of a midwife licensed pursuant to  TITLE  THIRTEEN  OF  article
 [one hundred forty of the education] FIFTY-ONE OF THE PUBLIC HEALTH law,
 practicing  consistent  with section sixty-nine hundred fifty-one of the
 [education] PUBLIC HEALTH law and affiliated or practicing  in  conjunc-
 tion  with  a  facility licensed pursuant to article twenty-eight of the
 public health law, but no insurer shall be required to pay for  duplica-
 tive routine services actually provided by both a licensed midwife and a
 physician.
   §  53.   Item (i) of subparagraph (A) of paragraph 5 of subsection (k)
 of section 3221 of the insurance law, as amended by chapter 238  of  the
 laws of 2010, is amended to read as follows:
   (i)  Every group or blanket policy delivered or issued for delivery in
 this state which provides hospital, surgical or medical  coverage  shall
 include  coverage  for  maternity  care, including hospital, surgical or
 medical care to the same extent that coverage is provided for illness or
 disease under the policy.  Such  maternity  care  coverage,  other  than
 coverage  for  perinatal complications, shall include inpatient hospital
 coverage for mother and newborn for at  least  forty-eight  hours  after
 childbirth  for  any delivery other than a caesarean section, and for at
 least ninety-six hours after a  caesarean  section.  Such  coverage  for
 maternity care shall include the services of a midwife licensed pursuant
 to  TITLE  THIRTEEN  OF  article  [one  hundred  forty of the education]
 FIFTY-ONE OF THE PUBLIC HEALTH law, practicing consistent  with  section
 sixty-nine  hundred  fifty-one  of the [education] PUBLIC HEALTH law and
 affiliated or practicing in conjunction with a facility licensed  pursu-
 ant  to  article  twenty-eight  of the public health law, but no insurer
 shall be required to  pay  for  duplicative  routine  services  actually
 provided by both a licensed midwife and a physician.
   §  54.    Subparagraph (A) of paragraph 1 of subsection (c) of section
 4303 of the insurance law, as amended by chapter  238  of  the  laws  of
 2010, is amended to read as follows:
   (A)  Every  contract issued by a corporation subject to the provisions
 of this article which provides hospital service, medical expense  indem-
 nity  or both shall provide coverage for maternity care including hospi-
 tal, surgical or medical care to the same extent that hospital  service,
 medical  expense  indemnity  or both are provided for illness or disease
 under the contract. Such maternity care coverage,  other  than  coverage
 for  perinatal  complications, shall include inpatient hospital coverage
 for mother and for newborn for at least forty-eight hours  after  child-
 birth  for any delivery other than a caesarean section, and for at least
 ninety-six hours following a caesarean section. Such coverage for mater-
 S. 4007                            506                           A. 3007
 
 nity care shall include the services of a midwife licensed  pursuant  to
 article  [one  hundred forty of the education] TITLE THIRTEEN OF ARTICLE
 FIFTY-ONE OF THE PUBLIC HEALTH law, practicing consistent  with  section
 sixty-nine  hundred  fifty-one  of the [education] PUBLIC HEALTH law and
 affiliated or practicing in conjunction with a facility licensed  pursu-
 ant  to  article  twenty-eight  of the public health law, but no insurer
 shall be required to  pay  for  duplicative  routine  services  actually
 provided by both a licensed midwife and a physician.
   § 55. Intentionally omitted.
   §  56.   Paragraph b of subdivision 1 of section 167 of the labor law,
 as amended by chapter 815 of the laws of 2022, is  amended  to  read  as
 follows:
   b.  "Nurse"  shall  mean a registered professional nurse or a licensed
 practical nurse as defined by TITLE TWELVE OF article [one hundred thir-
 ty-nine] FIFTY-ONE of the [education] PUBLIC  HEALTH  law  who  provides
 direct patient care.
   §  57.    Subdivision 13 of section 700 of the county law, as added by
 chapter 358 of the laws of 2012, is amended to read as follows:
   13. In order to provide services  to  crime  victims,  witnesses,  and
 other  persons  involved  in the criminal justice system, and to support
 crime prevention programs, the district attorney may employ or  contract
 with persons licensed and registered to practice or otherwise authorized
 under  [article  one hundred fifty-three, one hundred fifty-four, or one
 hundred sixty-three of the  education]  TITLE  SEVENTEEN,  EIGHTEEN,  OR
 TWENTY-FIVE  OF  ARTICLE FIFTY-ONE OF THE PUBLIC HEALTH law, or contract
 with entities authorized to provide the services specified in such arti-
 cles, in connection with the provision of any services that such persons
 or entities are authorized to provide and that  are  authorized  by  the
 district attorney.
   §  58.  Paragraph (vi) of subparagraph 1 of subdivision (e) of section
 9.60 of the mental hygiene law, as amended by chapter 158 of the laws of
 2005, is amended to read as follows:
   (vi) a psychologist, licensed pursuant to TITLE SEVENTEEN  OF  article
 [one  hundred  fifty-three  of  the  education]  FIFTY-ONE OF THE PUBLIC
 HEALTH law, or a social worker, licensed pursuant to TITLE  EIGHTEEN  OF
 article  [one  hundred  fifty-four  of  the  education] FIFTY-ONE OF THE
 PUBLIC HEALTH law, who is treating the subject of  the  petition  for  a
 mental illness; or
   §  59.    Paragraph (b) of subdivision 1 of section 2828 of the public
 health law, as added by section 1 of part GG of chapter 57 of  the  laws
 of 2021, is amended to read as follows:
   (b)  Fifteen percent of costs associated with resident-facing staffing
 contracted out by a facility for services provided by registered profes-
 sional nurses or licensed practical nurses licensed  pursuant  to  TITLE
 TWELVE  OF article [one hundred thirty-nine of the education law] FIFTY-
 ONE OF THIS CHAPTER or certified nurse aides who have completed  certif-
 ication  and  training approved by the department shall be deducted from
 the calculation of the amount  spent  on  resident-facing  staffing  and
 direct resident care.
   §  60.  Paragraph (b) of subdivision 1 of section 2895-b of the public
 health law, as added by chapter 156 of the laws of 2021, is  amended  to
 read as follows:
   (b) "Licensed nurse" means a registered professional nurse or licensed
 practical  nurse  licensed  pursuant  to  TITLE  TWELVE  OF article [one
 hundred thirty-nine of the education law] FIFTY-ONE OF THIS CHAPTER.
 S. 4007                            507                           A. 3007
 
   § 61.  Paragraph (a) of subdivision 2,  and subdivisions 5  and  8  of
 section 13-m of the workers' compensation law, paragraph (a) of subdivi-
 sion  2  as amended by section 6 of part CC of chapter 55 of the laws of
 2019, and subdivisions 5 and 8 as added by chapter 589 of  the  laws  of
 1989, are amended to read as follows:
   (a)  An  injured employee, injured under circumstances which make such
 injury compensable under this article, may  lawfully  be  treated  by  a
 psychologist,  duly  registered  and  licensed by the state of New York,
 authorized by the chair to render psychological care pursuant to section
 thirteen-b of this article. Such services shall be within the  scope  of
 such  psychologist's  specialized training and qualifications as defined
 in TITLE SEVENTEEN OF article [one hundred fifty-three of the education]
 FIFTY-ONE OF THE PUBLIC HEALTH law.
   5. Fees for psychological services shall be payable  only  to  a  duly
 authorized  psychologist  as licensed in TITLE SEVENTEEN OF article [one
 hundred fifty-three of the education] FIFTY-ONE  OF  THE  PUBLIC  HEALTH
 law,  or  to  the agent, executor or administrator of the estate of such
 psychologist. No psychologist  rendering  treatment  to  a  compensation
 claimant  shall  collect or receive a fee from such claimant within this
 state, but shall have recourse for payment of services rendered only  to
 the employer under the provisions of this section.
   8.  Within  the limits prescribed by the [education] PUBLIC HEALTH law
 for psychological care and treatment, the  report  or  testimony  of  an
 authorized  psychologist concerning the condition of an injured employee
 and treatment thereof shall be deemed competent evidence and the profes-
 sional opinion of the psychologist as  to  causal  relation  and  as  to
 required  treatment  shall be deemed competent but shall not be control-
 ling. Nothing in this section shall be deemed to deprive any employer or
 insurance carrier of any right to a medical examination or  presentation
 of medical testimony now conferred by law.
   §  62.    Subdivision 1 of section 794 of the general business law, as
 amended by chapter 301 of the laws  of  2000,  is  amended  to  read  as
 follows:
   1.  Prior  to the expiration of a certificate of registration and as a
 condition of renewal, each hearing aid dispenser registered pursuant  to
 subdivision  one  of  section seven hundred ninety of this article shall
 submit documentation showing successful completion of twenty  continuing
 education  credits through a course or courses approved by the secretary
 in consultation with the advisory board, or, in relation to audiologists
 licensed pursuant to TITLE TWENTY-TWO OF article [one hundred fifty-nine
 of the education] FIFTY-ONE OF THE PUBLIC HEALTH law, the office of  the
 professions in the [education] department OF HEALTH. Such formal courses
 of  learning  shall  include, but not be limited to, collegiate level of
 credit in non-credit  courses,  professional  development  programs  and
 technical  sessions  offered  by  national, state and local professional
 associations and other organizations acceptable to the secretary and any
 other organized educational and technical  programs  acceptable  to  the
 secretary. The secretary may, in his or her discretion, and as needed to
 contribute  to  the  health  and  welfare  of  the  public,  require the
 completion of continuing  education  courses  in  specific  subjects  to
 fulfill  this  mandatory continuing education requirement. Courses shall
 be taken from a sponsor approved by  the  secretary  pursuant  to  regu-
 lations promulgated pursuant to this section.
   §  63.  Subdivision  2  of section 794 of the general business law, as
 amended by chapter 301 of the laws  of  2000,  is  amended  to  read  as
 follows:
 S. 4007                            508                           A. 3007
 
   2.  A hearing aid dispenser registered under paragraph (b) of subdivi-
 sion one of section seven hundred ninety of this article may satisfy the
 requirements of subdivision one of this section by demonstrating to  the
 secretary compliance with such continuing competency requirements as are
 prescribed by TITLE TWENTY-TWO OF article [one hundred fifty-nine of the
 education]  FIFTY-ONE OF THE PUBLIC HEALTH law, provided, however, that,
 such  persons  shall  submit  documentation   showing   the   successful
 completion of four continuing education credits relating to the dispens-
 ing of hearing aids.
   §  64.   Paragraph (f) of subdivision 4, subdivision 10, and paragraph
 (a) of subdivision 15 of section 798 of the general business law,  para-
 graph  (f) of subdivision 4 as added by chapter 599 of the laws of 1998,
 subdivision 10 as amended by chapter 301 of the laws of 2000, and  para-
 graph  (a)  of  subdivision  15 as amended by chapter 133 of the laws of
 1999 are amended to read as follows:
   (f) if applicable, requirements otherwise provided under  TITLE  TWEN-
 TY-TWO OF article [one hundred fifty-nine of the education] FIFTY-ONE OF
 THE PUBLIC HEALTH law.
   10.  (a)  A  hearing aid dispenser, not otherwise licensed pursuant to
 TITLE TWENTY-TWO OF article [one hundred fifty-nine  of  the  education]
 FIFTY-ONE  OF THE PUBLIC HEALTH law, shall provide any prospective hear-
 ing aid users with a copy of their audiogram which shall  include  pure-
 tone  (air and bone conduction) and speech audiometry test results, upon
 completion of such audiometric tests. Such audiogram shall  clearly  and
 conspicuously  contain  the  following  statement:  "This information is
 intended for the sole purpose of fitting or selecting a hearing aid  and
 is not a medical examination or audiological evaluation".
   (b)  Hearing aid dispensers licensed under TITLE TWENTY-TWO OF article
 [one hundred fifty-nine of the education] FIFTY-ONE OF THE PUBLIC HEALTH
 law shall comply with the provisions of such article in the  conduct  of
 audiological evaluations and shall further provide a copy of the results
 of any audiological evaluation to any prospective hearing aid users with
 the  following statement: "This is an audiological evaluation and is not
 a medical examination".
   (a) no hearing aid dispenser shall, through advertisement, indicate or
 imply that any type of medical examination  or  audiological  evaluation
 will  be  provided  or that the dispenser has been recommended by anyone
 other than an individual licensed to perform such examination or  evalu-
 ation;  provided, however, that nothing in this paragraph shall restrict
 or limit any person licensed under  TITLE  TWENTY-TWO  OF  article  [one
 hundred  fifty-nine of the education] FIFTY-ONE OF THE PUBLIC HEALTH law
 from performing any activity thereunder or from stating in an advertise-
 ment that an audiological evaluation will be provided where an audiolog-
 ical evaluation is to be provided;
   § 65.  Subdivision 2 of section 789 of the general  business  law,  as
 amended  by  chapter  301  of  the  laws  of 2000, is amended to read as
 follows:
   2. "Audiologist" means an individual who is licensed under TITLE TWEN-
 TY-TWO OF article [one hundred fifty-nine of the education] FIFTY-ONE OF
 THE PUBLIC HEALTH law to evaluate hearing, and hearing and communication
 disorders and to engage in those practices defined in section eighty-two
 hundred three of the [education] PUBLIC HEALTH law.
   § 66.  Subdivision 9 of section 789 of the general  business  law,  as
 added by chapter 599 of the laws of 1998, is amended to read as follows:
   9.  "Otolaryngologist"  means  a physician licensed under TITLE TWO OF
 article [one hundred thirty-one  of  the  education]  FIFTY-ONE  OF  THE
 S. 4007                            509                           A. 3007
 
 PUBLIC  HEALTH  law,  who practices that branch of medicine which treats
 diseases of the ear, nose and throat.
   §  67.  Subdivisions 1, 3 and 4 of section 790 of the general business
 law,  subdivision 1 as added by chapter 599 of the laws of 1998,  subdi-
 vision 3 as amended by chapter 133 of the laws of 1999 and subdivision 4
 as  amended  by  chapter 301 of the laws of 2000, are amended to read as
 follows:
   1. Any person desiring to be engaged in the dispensing of hearing aids
 in this state shall be registered biennially pursuant to  this  article.
 Such  person  shall  file with the secretary an application to be regis-
 tered as a hearing aid  dispenser.  The  secretary  shall  examine  each
 application  and  issue  a  certificate of registration if either of the
 following criteria are satisfied:
   (a) (i) the applicant is twenty-one years of age or older;
   (ii) is of good moral character;
   (iii) has received a high school diploma or its equivalent;
   (iv) has two years college accredited coursework or its equivalent;
   (v) has fully completed the required training program;
   (vi) has achieved a passing score on the required examination;
   (vii) has not had a registration, license or  other  authorization  to
 dispense hearing aids suspended or revoked;
   (viii)  has  paid  the appropriate fees according to the provisions of
 section seven hundred ninety-seven of this article; and
   (ix) on or after January first,  two  thousand  three,  the  applicant
 shall demonstrate the successful completion of post-secondary coursework
 approved by the secretary in conjunction with the advisory board; or
   (b)  (i) the applicant has submitted proof of licensure under [article
 one hundred fifty-nine of the education law] TITLE TWENTY-TWO OF ARTICLE
 FIFTY-ONE OF THE PUBLIC HEALTH LAW as a licensed audiologist;
   (ii) has paid the appropriate fees  according  to  the  provisions  of
 section seven hundred ninety-seven of this article;
   (iii) has achieved a passing score on the practical test of proficien-
 cy  required  pursuant to subdivision six of section seven hundred nine-
 ty-six of this article or  who  submits  evidence  satisfactory  to  the
 secretary of experience in dispensing hearing aids; and
   (iv)  has  not  had  a registration, license or other authorization to
 dispense hearing aids suspended or revoked according to  the  provisions
 of section seven hundred ninety-nine of this article.
   3.  (a)  Any  person who has been continuously registered as a hearing
 aid dealer pursuant to the former article thirty-seven-A of this chapter
 for the three years immediately preceding January first, two thousand or
 who submits evidence satisfactory to the secretary of experience in  the
 business  of  dispensing  hearing aids in this state for the three years
 immediately preceding January  first,  two  thousand,  upon  payment  of
 applicable  fees,  shall  be  registered  as a hearing aid dispenser and
 shall be exempt from requirements set forth in subparagraphs (iv),  (v),
 (vi) and (ix) of paragraph (a) of subdivision one of this section.
   (b)  Any  person who has been continuously registered as a hearing aid
 dealer pursuant to the former article thirty-seven-A of this chapter for
 less than three years but more than one year immediately preceding Janu-
 ary first, two thousand, or who submits  evidence  satisfactory  to  the
 secretary  of  less than three years but more than one year's continuous
 experience in the business of dispensing  hearing  aids  in  this  state
 immediately  preceding January first, two thousand, may pay the applica-
 ble fees and register as a hearing aid dispenser. Such registrant  shall
 be exempt from the requirements set forth in subparagraphs (iv), (v) and
 S. 4007                            510                           A. 3007
 
 (ix)  of  paragraph  (a) of subdivision one of this section. Such regis-
 trant shall achieve a passing score on the required  registration  exam-
 ination  by  December thirty-first, two thousand; provided further that,
 upon failing to achieve a passing score such person shall continue under
 the supervision of a registered hearing aid dispenser until such time as
 a  passing  score  is  achieved,  provided  that  such  passing score is
 achieved on an examination administered  within  twelve  months  of  the
 first examination.
   (c)  Any  individual who has been continuously registered as a hearing
 aid dealer pursuant to the former article thirty-seven-A of this chapter
 for less than twelve months immediately  preceding  January  first,  two
 thousand  or  any  individual with less than twelve months experience in
 the business of  dispensing  hearing  aids  in  this  state  immediately
 preceding  January  first, two thousand shall be required to comply with
 all the requirements set forth in subdivision one of this section.
   (d) Any person licensed pursuant to [article one hundred fifty-nine of
 the education law] TITLE TWENTY-TWO OF ARTICLE FIFTY-ONE OF  THE  PUBLIC
 HEALTH  LAW, who submits evidence satisfactory to the secretary of expe-
 rience of dispensing hearing aids in this state  for  the  period  imme-
 diately  preceding January first, two thousand, upon payment of applica-
 ble fees shall be registered as a hearing aid  dispenser  and  shall  be
 exempt  from  requirements  set forth in subparagraph (iii) of paragraph
 (b) of subdivision one of this section.
   4. Upon application to  the  secretary,  a  temporary  certificate  of
 registration  authorized under section seven hundred ninety-five of this
 article shall be issued to: (i) individuals who prove to  the  satisfac-
 tion  of  the secretary that he or she will be supervised and trained by
 one or more registered hearing aid dispensers for  a  period  of  twelve
 months or (ii) individuals who are candidates for licensure under [arti-
 cle one hundred fifty-nine of the education] TITLE TWENTY-TWO OF ARTICLE
 FIFTY-ONE  OF  THE  PUBLIC  HEALTH  law,  have satisfied the educational
 requirement in subdivision two of section eighty-two hundred six of  the
 [education]  PUBLIC  HEALTH  law, and are actively engaged in completing
 the experience requirement in subdivision three  of  section  eighty-two
 hundred  six  of  the [education] PUBLIC HEALTH law. A temporary certif-
 icate of registration may be renewed only once.
   (a) A person holding a temporary certificate of registration shall not
 be the sole proprietor of, manage, or independently operate  a  business
 which  engages  in  the  business of dispensing hearing aids unless such
 business employs a registered hearing aid dispenser.
   (b) A person holding a temporary certificate of registration shall not
 advertise or otherwise represent that he or she holds a  certificate  of
 registration as a hearing aid dispenser.
   (c)  A person holding a temporary certificate of registration who is a
 candidate for licensure under [article one  hundred  fifty-nine  of  the
 education  law]  TITLE  TWENTY-TWO  OF  ARTICLE  FIFTY-ONE OF THE PUBLIC
 HEALTH LAW shall be exempt from the requirement to complete  the  course
 of  instruction  prescribed  by section seven hundred ninety-six of this
 article.
   § 68.  Clause (E) of subparagraph (iii) of paragraph (a)  of  subdivi-
 sion  4 of section 364-j of the social services law, as added by chapter
 37 of the laws of 2010, is amended to read as follows:
   (E) the services are optometric services, as defined in  [article  one
 hundred  forty-three  of  the  education  law]  TITLE FIFTEEN OF ARTICLE
 FIFTY-ONE OF THE PUBLIC HEALTH LAW, and are provided by a diagnostic and
 treatment center licensed  under  article  twenty-eight  of  the  public
 S. 4007                            511                           A. 3007
 
 health  law  which  is  affiliated  with the college of optometry of the
 state university of New York and which has  been  granted  an  operating
 certificate pursuant to article twenty-eight of the public health law to
 provide  such  optometric  services. Any diagnostic and treatment center
 providing optometric services pursuant to this  clause  shall  prior  to
 June  first  of each year report to the governor, temporary president of
 the senate and speaker of the assembly on  the  following:    the  total
 number  of visits made by medical assistance recipients during the imme-
 diately preceding calendar year; the number of visits  made  by  medical
 assistance  recipients during the immediately preceding calendar year by
 recipients who were enrolled in managed care  programs;  the  number  of
 visits  made  by  medical  assistance  recipients during the immediately
 preceding calendar year by recipients who were enrolled in managed  care
 programs  that provide optometric benefits as a covered service; and the
 number of visits made by the uninsured during the immediately  preceding
 calendar year; or
   §  69.  Subdivision 3 of section 250.10 of the criminal procedure law,
 as added by chapter 548 of the laws of  1980,  is  amended  to  read  as
 follows:
   3.  When  a  defendant,  pursuant  to subdivision two of this section,
 serves notice of intent to present psychiatric  evidence,  the  district
 attorney  may  apply  to the court, upon notice to the defendant, for an
 order directing that the defendant submit to an examination by a psychi-
 atrist or licensed psychologist  as  defined  in  [article  one  hundred
 fifty-three  of  the education law] TITLE SEVENTEEN OF ARTICLE FIFTY-ONE
 OF THE PUBLIC HEALTH LAW designated by the  district  attorney.  If  the
 application  is  granted, the psychiatrist or psychologist designated to
 conduct the examination must notify the district  attorney  and  counsel
 for  the  defendant  of the time and place of the examination. Defendant
 has a right to  have  his  counsel  present  at  such  examination.  The
 district  attorney may also be present. The role of each counsel at such
 examination is that of an observer, and neither counsel shall be permit-
 ted to take an active role at the examination.
   § 70.  Paragraph (r) of subdivision 1 of section 330.20 of the  crimi-
 nal  procedure  law,  as  added  by  chapter 548 of the laws of 1980, is
 amended to read as follows:
   (r) "Licensed psychologist" means a person  who  is  registered  as  a
 psychologist  under  [article  one  hundred fifty-three of the education
 law] TITLE SEVENTEEN OF ARTICLE FIFTY-ONE OF THE PUBLIC HEALTH LAW.
   § 71.  Subdivision 6 of section 730.10 of the criminal procedure  law,
 as  renumbered by chapter 629 of the laws of 1974, is amended to read as
 follows:
   6. "Certified psychologist" means a person  who  is  registered  as  a
 certified  psychologist  under  [article  one hundred fifty-three of the
 education law] TITLE SEVENTEEN OF ARTICLE FIFTY-ONE OF THE PUBLIC HEALTH
 LAW.
   § 72.  Section 4507 of the civil practice law and rules, as amended by
 chapter 913 of the laws of 1984, is amended to read as follows:
   § 4507. Psychologist. The confidential  relations  and  communications
 between  a  psychologist registered under the provisions of [article one
 hundred fifty-three of the education law]  TITLE  SEVENTEEN  OF  ARTICLE
 FIFTY-ONE OF THE PUBLIC HEALTH LAW and his client are placed on the same
 basis  as those provided by law between attorney and client, and nothing
 in such article shall be construed to require any such privileged commu-
 nications to be disclosed.
 S. 4007                            512                           A. 3007
 
   A client who, for the purpose of obtaining insurance benefits, author-
 izes the disclosure of any such privileged communication to  any  person
 shall  not  be  deemed  to  have  waived  the  privilege created by this
 section. For purposes of this section:
   1.  "person" shall mean any individual, insurer or agent thereof, peer
 review committee, public or private corporation, political  subdivision,
 government  agency,  department  or  bureau  of the state, municipality,
 industry, co-partnership, association, firm, trust, estate or any  other
 legal entity whatsoever; and
   2.  "insurance  benefits"  shall include payments under a self-insured
 plan.
   § 73. The opening paragraph of subdivision (a) of section 4508 of  the
 civil  practice  law and rules, as amended by chapter 230 of the laws of
 2004, is amended to read as follows:
   Confidential information privileged. A person licensed as  a  licensed
 master  social  worker  or  a  licensed clinical social worker under the
 provisions of [article one hundred  fifty-four  of  the  education  law]
 TITLE  EIGHTEEN  OF ARTICLE FIFTY-ONE OF THE PUBLIC HEALTH LAW shall not
 be required to disclose a communication made by a client, or his or  her
 advice  given  thereon, in the course of his or her professional employ-
 ment, nor shall any clerk, stenographer or other person working for  the
 same employer as such social worker or for such social worker be allowed
 to disclose any such communication or advice given thereon; except
   §  74.  Paragraphs  (g-1),  (q), (r), (y), (z) and subparagraph (i) of
 paragraph (x) of subdivision 2 of section 365-a of the  social  services
 law,  paragraph (g-1) as amended by section 9 of part D of chapter 57 of
 the laws of 2017, paragraph (q) as amended by section 35 of  part  B  of
 chapter  58 of the laws of 2010, paragraph (r) as added by section 32 of
 part C of chapter 58 of the laws of 2008,  paragraphs  (y)  and  (z)  as
 added  by  section  6  of  part  D of chapter 56 of the laws of 2012 and
 subparagraph (i) of paragraph (x) as amended by chapter 61 of  the  laws
 of 2020, are amended to read as follows:
   (g-1)  drugs provided on an in-patient basis, those drugs contained on
 the list established by regulation of the commissioner of health  pursu-
 ant  to  subdivision four of this section, and those drugs which may not
 be dispensed without a prescription as required by  section  sixty-eight
 hundred  ten  of the [education] PUBLIC HEALTH law and which the commis-
 sioner of health shall determine to  be  reimbursable  based  upon  such
 factors as the availability of such drugs or alternatives at low cost if
 purchased by a medicaid recipient, or the essential nature of such drugs
 as  described  by  such  commissioner in regulations, provided, however,
 that such drugs, exclusive of  long-term  maintenance  drugs,  shall  be
 dispensed  in  quantities  no  greater  than  a thirty day supply or one
 hundred doses, whichever is greater; provided further that  the  commis-
 sioner  of  health  is authorized to require prior authorization for any
 refill of a prescription when more than a ten day supply of  the  previ-
 ously  dispensed  amount should remain were the product used as normally
 indicated, or in the case of  a  controlled  substance,  as  defined  in
 section  thirty-three  hundred  two  of the public health law, when more
 than a seven day supply of the previously dispensed amount should remain
 were the product used as normally indicated; provided further  that  the
 commissioner  of  health is authorized to require prior authorization of
 prescriptions of opioid analgesics in excess of four prescriptions in  a
 thirty-day  period  in accordance with section two hundred seventy-three
 of the public health law; medical assistance shall not include any  drug
 provided  on  other  than  an  in-patient basis for which a recipient is
 S. 4007                            513                           A. 3007

 charged or a claim is made in the case of a prescription drug, in excess
 of the maximum reimbursable amounts  to  be  established  by  department
 regulations in accordance with standards established by the secretary of
 the  United  States  department of health and human services, or, in the
 case of a drug not requiring a prescription, in excess  of  the  maximum
 reimbursable  amount  established by the commissioner of health pursuant
 to paragraph (a) of subdivision four of this section;
   (q) diabetes self-management training services for  persons  diagnosed
 with  diabetes when such services are ordered by a physician, registered
 physician assistant, registered nurse practitioner, or licensed  midwife
 and provided by a licensed, registered, or certified health care profes-
 sional, as determined by the commissioner of health, who is certified as
 a  diabetes  educator  by  the National Certification Board for Diabetes
 Educators, or a successor national certification board, or  provided  by
 such  a  professional  who is affiliated with a program certified by the
 American Diabetes Association,  the  American  Association  of  Diabetes
 Educators,  the  Indian  Health Services, or any other national accredi-
 tation organization approved by the federal  centers  for  medicare  and
 medicaid  services; provided, however, that the provisions of this para-
 graph shall not take effect unless all necessary approvals under federal
 law and regulation have  been  obtained  to  receive  federal  financial
 participation  in the costs of health care services provided pursuant to
 this paragraph. Nothing in this paragraph shall be construed  to  modify
 any licensure, certification or scope of practice provision under [title
 eight of the education law] ARTICLE FIFTY-ONE OF THE PUBLIC HEALTH LAW.
   (r)  asthma  self-management  training  services for persons diagnosed
 with asthma when such services are ordered by  a  physician,  registered
 physician's   assistant,  registered  nurse  practitioner,  or  licensed
 midwife and provided by a licensed, registered, or certified health care
 professional, as determined by the commissioner of health, who is certi-
 fied as an asthma educator by the National Asthma Educator Certification
 Board, or a successor national certification board;  provided,  however,
 that  the  provisions of this paragraph shall not take effect unless all
 necessary approvals under federal law and regulation have been  obtained
 to  receive  federal financial participation in the costs of health care
 services provided pursuant to this paragraph.  Nothing in this paragraph
 shall be construed to modify any licensure, certification  or  scope  of
 practice  provision  under  [title  eight  of the education law] ARTICLE
 FIFTY-ONE OF THE PUBLIC HEALTH LAW.
   (i) lactation counseling services for pregnant  and  postpartum  women
 when  such  services  are  ordered  by a physician, physician assistant,
 nurse practitioner, or midwife and provided  by  a  qualified  lactation
 care  provider,  as  determined by the commissioner of health; provided,
 however, that the provisions of this paragraph  shall  not  take  effect
 unless  all  necessary  approvals  under federal law and regulation have
 been obtained to receive federal financial participation in the costs of
 health care services provided pursuant to  this  paragraph.  Nothing  in
 this paragraph shall be construed to modify any licensure, certification
 or  scope of practice provision under [title eight of the education law]
 ARTICLE FIFTY-ONE OF THE PUBLIC HEALTH LAW.
   (y) harm reduction counseling and services to reduce or  minimize  the
 adverse  health  consequences  associated  with  drug use, provided by a
 qualified drug treatment program  or  community-based  organization,  as
 determined  by  the  commissioner of health; provided, however, that the
 provisions of this paragraph shall not take effect unless all  necessary
 approvals under federal law and regulation have been obtained to receive
 S. 4007                            514                           A. 3007
 
 federal  financial  participation  in  the costs of health care services
 provided pursuant to this paragraph. Nothing in this paragraph shall  be
 construed  to  modify  any licensure, certification or scope of practice
 provision  under [title eight of the education law] ARTICLE FIFTY-ONE OF
 THE PUBLIC HEALTH LAW.
   (z) hepatitis C wrap-around services to promote care coordination  and
 integration when ordered by a physician, registered physician assistant,
 registered  nurse  practitioner,  or licensed midwife, and provided by a
 qualified professional, as determined by  the  commissioner  of  health.
 Such  services  may include client outreach, identification and recruit-
 ment, hepatitis C education and counseling,  coordination  of  care  and
 adherence  to treatment, assistance in obtaining appropriate entitlement
 services, peer support and other supportive services; provided, however,
 that the provisions of this paragraph shall not take effect  unless  all
 necessary  approvals under federal law and regulation have been obtained
 to receive federal financial participation in the costs of  health  care
 services provided pursuant to this paragraph.  Nothing in this paragraph
 shall  be  construed  to modify any licensure, certification or scope of
 practice provision under [title eight  of  the  education  law]  ARTICLE
 FIFTY-ONE OF THE PUBLIC HEALTH LAW.
   §  75.   Paragraph (e) of subdivision 6 of section 384-b of the social
 services law, as amended by chapter 691 of the laws of 1991, is  amended
 to read as follows:
   (e)  In  every  proceeding upon a ground set forth in paragraph (c) of
 subdivision four OF THIS SECTION the judge shall order the parent to  be
 examined  by,  and shall take the testimony of, a qualified psychiatrist
 or a psychologist licensed pursuant to [article one hundred  fifty-three
 of the education law] TITLE SEVENTEEN OF ARTICLE FIFTY-ONE OF THE PUBLIC
 HEALTH LAW as defined in section 730.10 of the criminal procedure law in
 the  case  of  a  parent  alleged  to  be mentally ill or retarded, such
 psychologist or psychiatrist to be appointed by the  court  pursuant  to
 section  thirty-five of the judiciary law. The parent and the authorized
 agency shall have the right to submit other  psychiatric,  psychological
 or  medical evidence. If the parent refuses to submit to such court-ord-
 ered examination, or if the parent renders himself unavailable  therefor
 whether  before  or  after  the  initiation  of  a proceeding under this
 section, by departing from the state or by concealing  himself  therein,
 the  appointed  psychologist  or  psychiatrist,  upon the basis of other
 available information, including, but not limited to,  agency,  hospital
 or  clinic  records,  may testify without an examination of such parent,
 provided that such other information affords a reasonable basis for  his
 opinion.
   §  76.   Subdivision (c) of section 9.37 of the mental hygiene law, as
 amended by chapter 230 of the laws  of  2004,  is  amended  to  read  as
 follows:
   (c) Notwithstanding the provisions of subdivision (b) of this section,
 in  counties  with  a  population  of  less than two hundred thousand, a
 director of community services who is a licensed  psychologist  pursuant
 to  [article  one hundred fifty-three of the education law] TITLE SEVEN-
 TEEN OF ARTICLE FIFTY-ONE OF THE PUBLIC HEALTH LAW or a  licensed  clin-
 ical  social  worker  pursuant to [article one hundred fifty-four of the
 education law] TITLE EIGHTEEN OF ARTICLE FIFTY-ONE OF THE PUBLIC  HEALTH
 LAW  but who is not a physician may apply for the admission of a patient
 pursuant to this section without a medical examination by  a  designated
 physician,  if  a  hospital  approved  by  the  commissioner pursuant to
 section 9.39 of this article is not located within thirty miles  of  the
 S. 4007                            515                           A. 3007
 
 patient,  and  the  director of community services has made a reasonable
 effort to locate a designated examining physician but such a designee is
 not immediately available and the director of community services,  after
 personal observation of the person, reasonably believes that he may have
 a mental illness which is likely to result in serious harm to himself or
 others and inpatient care and treatment of such person in a hospital may
 be appropriate. In the event of an application pursuant to this subdivi-
 sion,  a  physician  of the receiving hospital shall examine the patient
 and shall not admit the patient unless he or  she  determines  that  the
 patient  has  a  mental  illness  for which immediate inpatient care and
 treatment in a hospital is appropriate and which is likely to result  in
 serious  harm to himself or others. If the patient is admitted, the need
 for hospitalization shall be confirmed by another staff physician within
 twenty-four hours. An application pursuant to this subdivision shall  be
 in  writing and shall be filed with the director of such hospital at the
 time of the patient's reception, together with a  statement  in  a  form
 prescribed  by  the  commissioner giving such information as he may deem
 appropriate, including a statement of the efforts made by  the  director
 of  community  services to locate a designated examining physician prior
 to making an application pursuant to this subdivision.
   § 77.  Subdivision (h) of section 10.03 of the mental hygiene law,  as
 added by chapter 7 of the laws of 2007, is amended to read as follows:
   (h)  "Licensed  psychologist"  means  a  person who is registered as a
 psychologist under [article one hundred  fifty-three  of  the  education
 law] TITLE SEVENTEEN OF ARTICLE FIFTY-ONE OF THE PUBLIC HEALTH LAW.
   §  78.  Paragraphs (b-4), (b-5), (b-7), (d) and (g) of section 1503 of
 the business corporation law, paragraph (b-4) as added and paragraph (d)
 as amended by chapter 550 of  the  laws  of  2011,  paragraph  (b-5)  as
 amended by chapter 9 of the laws of 2013, the opening paragraph of para-
 graph  (b-5)  as  amended  by chapter 475 of the laws of 2014, paragraph
 (b-7) as added by chapter 260 of the laws of 2016, the opening paragraph
 of subparagraph 1 of paragraph (b-7) as amended by chapter  302  of  the
 laws  of  2018, and paragraph (g) as added by chapter 676 of the laws of
 2002, are amended to read as follows:
   (b-4) The  certificate  of  incorporation  of  a  design  professional
 service  corporation  shall  also have attached thereto a certificate or
 certificates issued by the licensing authority certifying that  each  of
 the  shareholders,  officers,  directors  and owners have been deemed to
 have been of good moral character as may be  established  by  the  regu-
 lations of the commissioner of education OR THE COMMISSIONER OF HEALTH.
   (b-5) On or after January first, two thousand twelve, the state educa-
 tion  department  and  the  department  of state shall allow an existing
 professional service corporation organized under this article and  prac-
 ticing  professional  engineering, architecture, landscape architecture,
 geology or  land  surveying,  or  practicing  any  combination  of  such
 professions  to  become  a  design  professional  service corporation as
 defined in this article, provided the professional  service  corporation
 meets  all  of  the requirements to become a design professional service
 corporation, including that its name shall end with  the  words  "design
 professional  corporation" or the abbreviation "D.P.C.", by amending its
 certificate of incorporation so that it contains  the  following  state-
 ments:
   (1)  the names and residence addresses of all individuals or ESOPs who
 will be the shareholders, directors and officers of the original  design
 professional service corporation; and
 S. 4007                            516                           A. 3007
 
   (2)  the  profession  or professions of each shareholder, director and
 officer who is a design professional of the original design professional
 service corporation; and
   (3)  the ownership interest of each shareholder of the original design
 professional service corporation; and
   (4) the names of the officers and directors who will be the president,
 the chairperson of the board of directors and the chief executive  offi-
 cer or officers of the original design professional service corporation.
   (i) The certificate of amendment shall have attached thereto a certif-
 icate  or certificates issued by the licensing authority certifying that
 each of the proposed shareholders, directors and officers who is  listed
 as  a  design professional is authorized by law to practice a profession
 which the corporation is organized to practice and, if applicable,  that
 one  or  more of such individuals is authorized to practice each profes-
 sion which the corporation will be authorized to practice. The  attached
 certificate  or certificates shall also certify that the proposed presi-
 dent, the chairperson of the board of directors and the chief  executive
 officer or officers are authorized by law to practice a profession which
 the corporation is organized to practice.
   (ii)  The  certificate of amendment shall also have attached thereto a
 certificate or certificates issued by the licensing authority certifying
 that each of the proposed shareholders, officers, directors  and  owners
 listed  have  been deemed to have been of good moral character as may be
 established by the regulations of the commissioner of education  OR  THE
 COMMISSIONER OF HEALTH.
   (iii)  The  certificate of amendment shall also have attached thereto:
 (A) a tax clearance issued by the department  of  taxation  and  finance
 certifying that the existing professional service corporation is current
 with  respect  to payment of its state tax liabilities and (B) a certif-
 icate of good standing  from  the  state  education  department  OR  THE
 DEPARTMENT  OF  HEALTH certifying that the existing professional service
 corporation is  authorized  to  provide  professional  services  without
 restriction.
   (b-7)  (1) Prior to the first day of March, two thousand nineteen, the
 state education department and the department of state  shall  allow  an
 existing business corporation organized under article four of this chap-
 ter  to  become  a design professional service corporation as defined in
 this  article  for  the  purpose  of  practicing  professional  geology,
 provided  that the surviving corporation meet all of the requirements to
 become a design professional service  corporation,  including  that  the
 name  shall end with the words "design professional service corporation"
 or the abbreviation "D.P.C." by amending  its  certificate  of  incorpo-
 ration so that it contains the following:
   (i)  the names and residence addresses of all individuals or ESOPs who
 will be the original shareholders, directors and officers of the profes-
 sional service corporation;
   (ii) a statement that the design professional service  corporation  is
 formed pursuant to this section;
   (iii)  the  profession or profession of each shareholder, director and
 officer who is a design professional of the original design professional
 service corporation;
   (iv) the names of the officers and directors who will  be  the  presi-
 dent,  the chairperson of the board of directors and the chief executive
 officer or officers of the original design professional  service  corpo-
 ration;
 S. 4007                            517                           A. 3007
 
   (v)  the ownership interest of each shareholder of the original design
 professional service corporation; and
   (vi)  a statement that the amendment shall not effect a dissolution of
 the corporation, but shall be deemed a  continuation  of  its  corporate
 existence,  without  affecting  its  then  existing  property  rights or
 liabilities or the liabilities of its members or officers as  such,  but
 thereafter it shall have only such rights, powers and privileges, and be
 subject  only  to  such  other  duties and liabilities, as a corporation
 created for the same purposes under this article.
   (2) The certificate of amendment shall have attached thereto a certif-
 icate or certificates issued by the licensing authority certifying  that
 each of the proposed shareholders, directors and officers listed:
   (i)  is  authorized  by  law to practice a profession which the corpo-
 ration is organized to practice and, if applicable, that one or more  of
 such  individuals  is  authorized  to practice each profession which the
 corporation will be authorized to practice; and
   (ii) has been deemed to be of good moral character as  may  be  estab-
 lished  by  the  regulations  of  the  commissioner of education AND THE
 COMMISSIONER OF HEALTH.
   (3) The certificate of amendment shall also have  attached  thereto  a
 tax  clearance issued by the department of taxation and finance certify-
 ing that the existing business corporation is current  with  respect  to
 payment of its state tax liabilities.
   (4)  Notwithstanding  any provision of law to the contrary, any corpo-
 ration formed under this section shall be required to  comply  with  all
 applicable  laws,  rules,  or  regulations relating to the practice of a
 profession under title eight of the education law OR  ARTICLE  FIFTY-ONE
 OF THE PUBLIC HEALTH LAW.
   (d)  A  professional  service  corporation, including a design profes-
 sional service corporation, other than a corporation authorized to prac-
 tice law, shall be under the supervision of the regents of the universi-
 ty of the state of New York OR THE DEPARTMENT OF HEALTH and  be  subject
 to disciplinary proceedings and penalties, and its certificate of incor-
 poration  shall  be  subject  to suspension, revocation or annulment for
 cause, in the same manner and to the same extent  as  is  provided  with
 respect  to  individuals and their licenses, certificates, and registra-
 tions in title eight of the education law OR ARTICLE  FIFTY-ONE  OF  THE
 PUBLIC HEALTH LAW relating to the applicable profession. Notwithstanding
 the  provisions  of  this  paragraph, a professional service corporation
 authorized to practice medicine  shall  be  subject  to  the  prehearing
 procedures  and  hearing procedures as is provided with respect to indi-
 vidual physicians and their licenses in title II-A of article two of the
 public health law.
   (g) The practices of creative arts therapy, marriage and family thera-
 py, mental health counseling, and psychoanalysis shall not be deemed the
 same professional service for the  purpose  of  paragraph  (a)  of  this
 section,  notwithstanding  that  such  practices  are all licensed under
 [article one hundred sixty-three of the education law] TITLE TWENTY-FIVE
 OF ARTICLE FIFTY-ONE OF THE PUBLIC HEALTH LAW.
   § 79.  Subparagraph 1 of paragraph (a) of  subdivision  4  of  section
 1194  of  the  vehicle and traffic law, as amended by chapter 169 of the
 laws of 2010, is amended to read as follows:
   (1) At the request of a police  officer,  the  following  persons  may
 withdraw  blood  for  the  purpose  of determining the alcoholic or drug
 content therein: (i) a physician, a  registered  professional  nurse,  a
 registered  physician  assistant,  a certified nurse practitioner, or an
 S. 4007                            518                           A. 3007
 
 advanced emergency medical technician as certified by the department  of
 health;  or  (ii) under the supervision and at the direction of a physi-
 cian, registered physician assistant  or  certified  nurse  practitioner
 acting  within  his or her lawful scope of practice, or upon the express
 consent of the person eighteen years of age  or  older  from  whom  such
 blood  is  to be withdrawn: a clinical laboratory technician or clinical
 laboratory  technologist  licensed  pursuant  to  [article  one  hundred
 sixty-five of the education law] TITLE TWENTY-SEVEN OF ARTICLE FIFTY-ONE
 OF THE  PUBLIC HEALTH LAW; a phlebotomist; or a medical laboratory tech-
 nician  or  medical  technologist  employed  by  a  clinical  laboratory
 approved under title five of article five of the public health law. This
 limitation shall not apply to the taking of a urine,  saliva  or  breath
 specimen.
   § 80. Subdivisions 11 and 12 of section 3501 of the public health law,
 as  added  by  chapter  175  of the laws of 2006, are amended to read as
 follows:
   11. "Licensed practitioner"  means  a  person  licensed  or  otherwise
 authorized  under [the education law] THIS CHAPTER to practice medicine,
 dentistry, podiatry, or chiropractic.
   12. "Professional medical physicist" means a person licensed or other-
 wise authorized to practice medical physics in accordance with  [article
 one  hundred sixty-six of the education law] TITLE TWENTY-EIGHT OF ARTI-
 CLE FIFTY-ONE OF THIS CHAPTER.
   § 81. Subdivision a of section 17-199.15 of the administrative code of
 the city of New York, as added by local law number 30 of the city of New
 York for the year 2021, is amended to read as follows:
   a. Definitions. For the purposes of this section, the following  terms
 have the following meanings:
   Covered  health care services. The term "covered health care services"
 means professional  medical  services  by  primary  care  practitioners,
 including  preventive, primary, diagnostic and specialty services; diag-
 nostic  and  laboratory  services,  including  therapeutic  radiological
 services;  prescription  drugs,  excluding drugs for uncovered services;
 and any other services determined by the department.
   Direct care worker. The term "direct care worker" means  any  employee
 of  a  hospital  that  is  responsible  for  patient handling or patient
 assessment as a regular or incident part of their employment,  including
 any licensed or unlicensed health care worker.
   Doctor. The term "doctor" means a practitioner of medicine licensed to
 practice  medicine  pursuant to [article 131 of the education law] TITLE
 TWO OF ARTICLE FIFTY-ONE OF THE PUBLIC HEALTH LAW.
   Hospital. The term "hospital" means an institution or facility operat-
 ing in New York city possessing a  valid  operating  certificate  issued
 pursuant  to [article 28 of the public health law] TITLE TWELVE OF ARTI-
 CLE FIFTY-ONE OF THE PUBLIC HEALTH LAW.
   Nurse. The term "nurse" means a practitioner of  nursing  licensed  to
 practice  nursing  pursuant  to [article 139 of the education law] TITLE
 TWELVE OF ARTICLE FIFTY-ONE OF THE PUBLIC HEALTH LAW.
   Physician assistant. The term "physician  assistant"  means  a  person
 licensed  as a physician assistant pursuant to [article 131-b of the New
 York state education law] TITLE TWO OF ARTICLE FIFTY-ONE OF  THE  PUBLIC
 HEALTH LAW.
   §  82.   Subdivision b of section 17-357 of the administrative code of
 the city of New York, as added by local law number 12 of the city of New
 York for the year 1997, is amended to read as follows:
 S. 4007                            519                           A. 3007
 
   b. The provisions of this subchapter shall not apply  to  a  physician
 licensed  under  [article  one  hundred thirty-one of the New York state
 education law] TITLE TWO OF ARTICLE FIFTY-ONE OF THE PUBLIC HEALTH LAW.
   §  83.  Subdivision  e of section 20-815 of the administrative code of
 the city of New York, as added by local law number 17 of the city of New
 York for the year 2011, is amended to read as follows:
   e. "Licensed medical provider" shall mean a person licensed or  other-
 wise  authorized  under  the provisions of [articles one hundred thirty-
 one, one hundred thirty-one-a, one  hundred  thirty-one-b,  one  hundred
 thirty-nine or one hundred forty of the education law of New York] TITLE
 TWO, THREE, FOUR, TWELVE, OR THIRTEEN OF ARTICLE FIFTY-ONE OF THE PUBLIC
 HEALTH LAW, to provide medical services.
   §  84. Section 308-b of the military law, as amended by chapter 418 of
 the laws of 2004, is amended to read as follows:
   § 308-b. Extension of license, certificate or registration.   Notwith-
 standing  any  other provision of general, special or local law, code or
 ordinance, or rule or regulation to  the  contrary,  military  personnel
 serving  on  active  duty, who were licensed, certified or registered to
 engage in a profession or occupation prior to  being  called  to  active
 duty, and whose license, certificate or registration shall expire during
 such  period  of  active  duty,  shall have such license, certificate or
 registration automatically extended for the period of  active  duty  and
 for  twelve months after such military personnel have been released from
 active duty, provided that with regard to professions subject  to  title
 VIII of the education law OR ARTICLE FIFTY-ONE OF THE PUBLIC HEALTH LAW,
 this  section  shall  not  apply to limited permits or other credentials
 issued for a period of two months or less and shall not extend the  term
 of  a  limited permit that expires for reasons other than the passage of
 time, including but not limited to failure on a  licensure  examination,
 and  further provided that this section shall not be construed to permit
 any individual whose authority to engage in a profession  or  occupation
 has  been  revoked  or suspended to engage in such profession or occupa-
 tion.
   § 85. Subdivision 6 of section 2441 of the public health law, as added
 by chapter 450 of the laws of 1975, is amended to read as follows:
   6. "Researcher" means any person licensed under  [title  VIII  of  the
 education  law]  ARTICLE FIFTY-ONE OF THIS CHAPTER to perform diagnosis,
 treatment, medical services, prescription or therapeutic exercises  with
 regard to or upon human beings, or any other person deemed appropriately
 competent and qualified by a human research review committee as provided
 by section twenty-four hundred forty-four of this chapter.
   §  86.  Subdivision  1  of section 3000-a of the public health law, as
 amended by chapter 69 of the  laws  of  1994,  is  amended  to  read  as
 follows:
   1.  Except  as provided in subdivision six of section six thousand six
 hundred eleven, subdivision two of section  six  thousand  five  hundred
 twenty-seven,  subdivision one of section six thousand nine hundred nine
 and sections six thousand five  hundred  forty-seven  and  six  thousand
 seven  hundred  thirty-seven  of  [the  education law] THIS CHAPTER, any
 person who voluntarily and without expectation of monetary  compensation
 renders  first aid or emergency treatment at the scene of an accident or
 other emergency outside a hospital, doctor's office or any  other  place
 having proper and necessary medical equipment, to a person who is uncon-
 scious,  ill,  or  injured, shall not be liable for damages for injuries
 alleged to have been sustained by such person or  for  damages  for  the
 death  of  such  person  alleged to have occurred by reason of an act or
 S. 4007                            520                           A. 3007
 
 omission in the rendering of  such  emergency  treatment  unless  it  is
 established  that  such  injuries were or such death was caused by gross
 negligence on the part of such person. Nothing in this section shall  be
 deemed  or  construed  to  relieve a licensed physician, dentist, nurse,
 physical therapist or registered physician's  assistant  from  liability
 for  damages  for  injuries or death caused by an act or omission on the
 part of such person while rendering professional services in the  normal
 and ordinary course of his or her practice.
   §  87. Paragraph (a) of subdivision 3 and paragraph (b) of subdivision
 4 of section 3000-b of the public health law, paragraph (a) of  subdivi-
 sion  3 as amended by chapter 243 of the laws of 2010, and paragraph (b)
 of subdivision 4 as added by chapter  552  of  the  laws  of  1998,  are
 amended to read as follows:
   (a)  No  person may operate an automated external defibrillator unless
 the person has successfully completed a training course in the operation
 of an automated external defibrillator approved by  a  nationally-recog-
 nized  organization  or  the  state  emergency medical services council.
 However, this section shall  not  prohibit  operation  of  an  automated
 external  defibrillator,  (i)  by a health care practitioner licensed or
 certified under [title VIII of the education law] ARTICLE  FIFTY-ONE  OF
 THIS  CHAPTER or a person certified under this article acting within his
 or her lawful scope of practice; (ii) by a person acting pursuant  to  a
 lawful  prescription;  or  (iii)  by a person who operates the automated
 external defibrillator other than as part of or incidental to his or her
 employment or regular duties, who is acting in good faith, with  reason-
 able  care, and without expectation of monetary compensation, to provide
 first aid that includes operation of an automated  external  defibrilla-
 tor;  nor  shall  this  section  limit  any  good  samaritan protections
 provided in section three thousand-a of this article.
   (b) Operation of an automated external defibrillator pursuant to  this
 section shall not constitute the unlawful practice of a profession under
 [title VIII of the education law] ARTICLE FIFTY-ONE OF THIS CHAPTER.
   §  88.  Paragraph (c) of subdivision 2 of section 369-bb of the social
 services law, as amended by section 2 of part D of  chapter  57  of  the
 laws of 2017, is amended to read as follows:
   (c)  Two  persons  with  expertise  in drug utilization review who are
 health care professionals licensed under [Title VIII  of  the  education
 law]  ARTICLE FIFTY-ONE OF THE PUBLIC HEALTH LAW at least one of whom is
 a pharmacologist.
   § 89. Paragraph (x) of subdivision 2 of  section  496  of  the  social
 services law, as added by section 1 of part B of chapter 501 of the laws
 of 2012, is amended to read as follows:
   (x)  officers  and  employees  of  the education department and, where
 applicable, the department of health, for the purpose  of  investigating
 charges  and maintaining professional discipline proceedings against the
 professional license of the subject of the  report  pursuant  to  [Title
 VIII  of  the education law] ARTICLE FIFTY-ONE OF THE PUBLIC HEALTH LAW,
 and to employees of the education department for the purpose of investi-
 gating charges and maintaining good moral character proceedings  against
 the  teaching,  school  administrator  or  school  leader certificate or
 license of the subject of the report; and
   § 90. Paragraph 2 of subdivision (a) of section 1212-a of the tax law,
 as amended by chapter 200 of the laws of 2009, is  amended  to  read  as
 follows:
   (2)  a tax, at the same uniform rate, but at a rate not to exceed four
 and one-half per centum, in multiples of one-half of one per centum,  on
 S. 4007                            521                           A. 3007
 
 the  receipts from every sale of the following services: beauty, barber-
 ing,  hair  restoring,  manicuring,  pedicuring,  electrolysis,  massage
 services  and  similar  services,  and  every sale of services by weight
 control  salons,  health  salons, gymnasiums, turkish and sauna bath and
 similar establishments and every charge for the use of such  facilities,
 whether or not any tangible personal property is transferred in conjunc-
 tion  therewith;  but excluding services rendered by a physician, osteo-
 path, dentist, nurse, physiotherapist, chiropractor, podiatrist, optome-
 trist, ophthalmic dispenser or  a  person  performing  similar  services
 licensed  under  [title  VIII of the education law] ARTICLE FIFTY-ONE OF
 THE PUBLIC HEALTH LAW, as amended,  and  excluding  such  services  when
 performed on pets and other animals.
   §  91.  Transfer  of  employees.  All employees of the state education
 department deemed necessary to implement this act by the division of the
 budget, in consultation with the commissioner of health, shall be trans-
 ferred to the department of health. This transfer of employees shall  be
 deemed to be a transfer of function pursuant to subdivision 2 of section
 70  of  the  civil service law. Such officers and employees of the state
 education department shall be transferred without further examination or
 qualification, and shall retain their respective civil  service  classi-
 fication, status and bargaining unit representation.
   §  92. This act shall take effect on January 1, 2024; provided however
 that:
   (a) effective immediately, the department  of  health  and  the  state
 education  department are authorized to adopt, repeal, or amend any rule
 or regulation necessary to effectuate the provisions of this  act  prior
 to its effective date;
   (b)  the amendments to paragraph (y) of subdivision 2 of section 2999-
 cc of the public health law made by section twenty-six of this act shall
 not affect the expiration of such paragraph  and  shall  expire  and  be
 deemed repealed therewith;
   (c)  the  amendments  to section 3368 of the public health law made by
 section forty-six-a of this act shall not affect the expiration of  such
 subdivision and shall be deemed repealed therewith;
   (d)  that  if  chapter  815  of  the laws of 2022 shall not have taken
 effect on or before such date then section fifty-six of this  act  shall
 take  effect  on the same date and in the same manner as such chapter of
 the laws of 2022, takes effect;
   (e) the amendments to subparagraph (vi) of paragraph 1 of  subdivision
 (e)  of  section  9.60  of the mental hygiene law made by section fifty-
 eight of this act shall not affect the repeal of such section and  shall
 be deemed repealed therewith; and
   (f)  the  amendments  to clause (E) of subparagraph (iii) of paragraph
 (a) of subdivision 4 of section 364-j of the social services law made by
 section sixty-eight of this act shall not  affect  the  repeal  of  such
 section and shall be deemed repealed therewith.
 
                                  PART DD
 
   Section  1. 1. Subject to available appropriations and approval of the
 director of the budget,  the  commissioners  of  the  office  of  mental
 health,  office  for  people  with developmental disabilities, office of
 addiction services and supports,  office  of  temporary  and  disability
 assistance, office of children and family services, and the state office
 for the aging shall establish a state fiscal year 2023-24 cost of living
 adjustment  (COLA),  effective  April  1,  2023,  for projecting for the
 S. 4007                            522                           A. 3007
 
 effects of inflation upon rates of payments,  contracts,  or  any  other
 form of reimbursement for the programs and services listed in paragraphs
 (i),  (ii),  (iii),  (iv),  (v),  and  (vi)  of subdivision four of this
 section.   The COLA established herein shall be applied to the appropri-
 ate portion of reimbursable costs or contract amounts.  Where  appropri-
 ate,  transfers  to  the  department  of  health  (DOH) shall be made as
 reimbursement for the state share of medical assistance.
   2. Notwithstanding any inconsistent provision of law, subject  to  the
 approval  of  the  director  of  the budget and available appropriations
 therefore, for the period of April 1, 2023 through March 31,  2024,  the
 commissioners  shall  provide  funding  to support a two and five-tenths
 percent (2.5%) cost of living adjustment  under  this  section  for  all
 eligible  programs  and  services  as determined pursuant to subdivision
 four of this section.
   3. Notwithstanding any inconsistent provision of law, and as  approved
 by the director of the budget, the 2.5 percent cost of living adjustment
 (COLA) established herein shall be inclusive of all other cost of living
 type  increases,  inflation  factors,  or  trend  factors that are newly
 applied effective April 1, 2023.   Except for the 2.5  percent  cost  of
 living  adjustment  (COLA) established herein, for the period commencing
 on April 1, 2023 and ending March 31, 2024 the commissioners  shall  not
 apply any other new cost of living adjustments for the purpose of estab-
 lishing rates of payments, contracts or any other form of reimbursement.
 The  phrase "all other cost of living type increases, inflation factors,
 or trend factors" as defined  in  this  subdivision  shall  not  include
 payments  made pursuant to the American Rescue Plan Act or other federal
 relief programs related  to  the  Coronavirus  Disease  2019  (COVID-19)
 pandemic  Public  Health Emergency.   This subdivision shall not prevent
 the office of children and  family  services  from  applying  additional
 trend  factors  or  staff  retention  factors  to  eligible programs and
 services under paragraph (v) of subdivision four of this section.
   4. Eligible programs and services. (i) Programs and  services  funded,
 licensed, or certified by the office of mental health (OMH) eligible for
 the  cost  of  living  adjustment  established  herein,  pending federal
 approval where applicable, include: office  of  mental  health  licensed
 outpatient programs, pursuant to parts 587 and 599 of title 14 CRR-NY of
 the office of mental health regulations including clinic, continuing day
 treatment,  day  treatment,  intensive  outpatient  programs and partial
 hospitalization;  outreach;  crisis  residence;  crisis   stabilization,
 crisis/respite  beds;  mobile crisis, part 590 comprehensive psychiatric
 emergency program  services;  crisis  intervention;  home  based  crisis
 intervention;  family  care;  supported single room occupancy; supported
 housing; supported housing  community  services;  treatment  congregate;
 supported   congregate;   community  residence  -  children  and  youth;
 treatment/apartment; supported  apartment;  community  residence  single
 room occupancy; on-site rehabilitation; employment programs; recreation;
 respite  care;  transportation;  psychosocial  club; assertive community
 treatment; case management; care  coordination,  including  health  home
 plus  services;  local  government  unit  administration; monitoring and
 evaluation; children and youth  vocational  services;  single  point  of
 access;  school-based mental health program; family support children and
 youth; advocacy/support services; drop  in  centers;  recovery  centers;
 transition management services; bridger; home and community based waiver
 services;  behavioral  health waiver services authorized pursuant to the
 section 1115 MRT waiver; self-help programs; consumer  service  dollars;
 conference  of local mental hygiene directors; multicultural initiative;
 S. 4007                            523                           A. 3007
 
 ongoing integrated supported employment services;  supported  education;
 mentally   ill/chemical  abuse  (MICA)  network;  personalized  recovery
 oriented services; children and family treatment and  support  services;
 residential treatment facilities operating pursuant to part 584 of title
 14-NYCRR;   geriatric  demonstration  programs;  community-based  mental
 health family treatment  and  support;  coordinated  children's  service
 initiative; homeless services; and promises zone.
   (ii)  Programs  and  services  funded,  licensed,  or certified by the
 office for people with developmental disabilities (OPWDD)  eligible  for
 the  cost  of  living  adjustment  established  herein,  pending federal
 approval where applicable, include: local/unified services; chapter  620
 services;  voluntary operated community residential services; article 16
 clinics; day treatment  services;  family  support  services;  100%  day
 training;  epilepsy services; traumatic brain injury services; hepatitis
 B services;  independent  practitioner  services  for  individuals  with
 intellectual  and/or  developmental  disabilities;  crisis  services for
 individuals with intellectual and/or developmental disabilities;  family
 care  residential  habilitation;  supervised  residential  habilitation;
 supportive residential habilitation; respite; day habilitation; prevoca-
 tional services; supported employment; community habilitation;  interme-
 diate  care  facility  day and residential services; specialty hospital;
 pathways to employment; intensive behavioral services;  basic  home  and
 community  based  services  (HCBS)  plan  support;  health home services
 provided  by  care  coordination  organizations;  community   transition
 services;  family  education  and training; fiscal intermediary; support
 broker; and personal resource accounts.
   (iii) Programs and services funded,  licensed,  or  certified  by  the
 office  of addiction services and supports (OASAS) eligible for the cost
 of living adjustment established herein, pending federal approval  where
 applicable, include: medically supervised withdrawal services - residen-
 tial;  medically  supervised withdrawal services - outpatient; medically
 managed detoxification; medically monitored withdrawal; inpatient  reha-
 bilitation  services;  outpatient  opioid  treatment; residential opioid
 treatment; KEEP units outpatient; residential opioid treatment to absti-
 nence; problem  gambling  treatment;  medically  supervised  outpatient;
 outpatient   rehabilitation;   specialized   services   substance  abuse
 programs; home and community based waiver services pursuant to  subdivi-
 sion  9  of  section 366 of the social services law; children and family
 treatment and support services; continuum of care rental assistance case
 management; NY/NY III post-treatment  housing;  NY/NY  III  housing  for
 persons  at  risk  for  homelessness; permanent supported housing; youth
 clubhouse; recovery community  centers;  recovery  community  organizing
 initiative; residential rehabilitation services for youth (RRSY); inten-
 sive  residential; community residential; supportive living; residential
 services; job placement  initiative;  case  management;  family  support
 navigator;  local government unit administration; peer engagement; voca-
 tional  rehabilitation;  support  services;   HIV   early   intervention
 services; dual diagnosis coordinator; problem gambling resource centers;
 problem   gambling  prevention;  prevention  resource  centers;  primary
 prevention services; other prevention services; and community services.
   (iv) Programs and services  funded,  licensed,  or  certified  by  the
 office  of  temporary  and disability assistance (OTDA) eligible for the
 cost of living adjustment established herein, pending  federal  approval
 where  applicable,  include:  nutrition  outreach  and education program
 (NOEP).
 S. 4007                            524                           A. 3007
 
   (v) Programs and services funded, licensed, or certified by the office
 of children and family services (OCFS) eligible for the cost  of  living
 adjustment  established  herein, pending federal approval where applica-
 ble, include: programs for which  the  office  of  children  and  family
 services  establishes  maximum state aid rates pursuant to section 398-a
 of the social services law and section 4003 of the education law;  emer-
 gency  foster homes; foster family boarding homes and therapeutic foster
 homes; supervised settings  as  defined  by  subdivision  twenty-two  of
 section  371  of  the  social  services  law; adoptive parents receiving
 adoption subsidy pursuant to section 453 of the social services law; and
 congregate and scattered  supportive  housing  programs  and  supportive
 services  provided  under  the NY/NY III supportive housing agreement to
 young adults leaving or having recently left foster care.
   (vi) Programs and services funded, licensed, or certified by the state
 office for the aging (SOFA) eligible for the cost of  living  adjustment
 established  herein, pending federal approval where applicable, include:
 community services for the elderly; expanded in-home  services  for  the
 elderly; and supplemental nutrition assistance program.
   5.  Each  local  government unit or direct contract provider receiving
 funding for the cost  of  living  adjustment  established  herein  shall
 submit  a  written  certification, in such form and at such time as each
 commissioner shall prescribe, attesting how such funding will be or  was
 used  to  first  promote  the recruitment and retention of non-executive
 direct care staff, non-executive direct support professionals,  non-exe-
 cutive clinical staff, or respond to other critical non-personal service
 costs prior to supporting any salary increases or other compensation for
 executive level job titles.
   6.  Notwithstanding any inconsistent provision of law to the contrary,
 agency commissioners shall be authorized to recoup funding from a  local
 governmental  unit  or  direct  contract provider for the cost of living
 adjustment established herein determined to have been used in  a  manner
 inconsistent  with  the  appropriation,  or  any other provision of this
 section. Such agency commissioners shall be  authorized  to  employ  any
 legal mechanism to recoup such funds, including an offset of other funds
 that are owed to such local governmental unit or direct contract provid-
 er.
   §  2.  This  act  shall take effect immediately and shall be deemed to
 have been in full force and effect on and after April 1, 2023.
 
                                  PART EE
 
   Section 1. Subdivision 1-a of section 84 of part A of  chapter  56  of
 the laws of 2013, amending the social services law and other laws relat-
 ing  to enacting the major components of legislation necessary to imple-
 ment the health and mental hygiene budget for the 2013-2014 state fiscal
 year, as amended by section 9 of part Z of chapter 57  of  the  laws  of
 2018, is amended to read as follows:
   1-a.  sections  seventy-three  through  eighty-a  shall  expire and be
 deemed repealed September 30, [2023] 2028;
   § 2. This act shall take effect immediately.
 
                                  PART FF
 
   Section 1. Subparagraph (v) of  paragraph  (a)  of  subdivision  1  of
 section  6908 of the education law is renumbered subparagraph (vi) and a
 new subparagraph (v) is added to read as follows:
 S. 4007                            525                           A. 3007
 
   (V) TASKS PROVIDED BY A DIRECT SUPPORT  STAFF  IN  NON-FACILITY  BASED
 PROGRAMS CERTIFIED, AUTHORIZED OR APPROVED BY THE OFFICE FOR PEOPLE WITH
 DEVELOPMENTAL DISABILITIES, SO LONG AS SUCH STAFF DO NOT HOLD HIMSELF OR
 HERSELF  OUT  AS  ONE  WHO ACCEPTS EMPLOYMENT SOLELY FOR PERFORMING SUCH
 CARE,  AND WHERE NURSING SERVICES ARE UNDER THE INSTRUCTION OF A SERVICE
 RECIPIENT OR FAMILY OR  HOUSEHOLD  MEMBER  DETERMINED  BY  A  REGISTERED
 PROFESSIONAL  NURSE  TO BE CAPABLE OF PROVIDING SUCH INSTRUCTION. IN THE
 EVENT THAT THE REGISTERED NURSE DETERMINES THAT THE  SERVICE  RECIPIENT,
 FAMILY,  OR  HOUSEHOLD  MEMBER IS NOT CAPABLE OF PROVIDING SUCH INSTRUC-
 TION, NURSING TASKS MAY BE PERFORMED BY DIRECT SUPPORT STAFF PURSUANT TO
 SUBPARAGRAPH (VI) OF THIS PARAGRAPH  SUBJECT  TO  THE  REQUIREMENTS  SET
 FORTH THEREIN; OR
   § 2. This act shall take effect immediately.
 
                                  PART GG
 
   Section 1. Section 7.07 of the mental hygiene law is amended by adding
 a new subdivision (i) to read as follows:
   (I)  THE OFFICE SHALL FOSTER PROGRAMS FOR THE TRAINING AND DEVELOPMENT
 OF PERSONS CAPABLE OF PROVIDING THE FOLLOWING  SERVICES,  INCLUDING  BUT
 NOT  LIMITED  TO  A  PROCESS  OF  ISSUING,  EITHER  DIRECTLY  OR THROUGH
 CONTRACT, CREDENTIALS FOR QUALIFIED MENTAL HEALTH ASSOCIATES IN  ACCORD-
 ANCE WITH THE FOLLOWING:
   (1)  THE  OFFICE  SHALL ESTABLISH MINIMUM QUALIFICATIONS FOR QUALIFIED
 MENTAL HEALTH ASSOCIATES IN  ALL  PHASES  OF  DELIVERY  OF  SERVICES  TO
 PERSONS  WHO  ARE  SUFFERING FROM MENTAL HEALTH ISSUES, AS WELL AS THEIR
 FAMILIES, THAT SHALL INCLUDE, BUT  NOT  BE  LIMITED  TO,  COMPLETION  OF
 APPROVED COURSES OF STUDY OR EQUIVALENT ON-THE-JOB EXPERIENCE IN WORKING
 WITH  INDIVIDUALS  WHO SUFFER FROM MENTAL ILLNESS. SUCH APPROVED COURSES
 OF STUDY OR EQUIVALENT ON-THE-JOB EXPERIENCE SHALL INCLUDE, BUT  NOT  BE
 LIMITED  TO, PROVIDING TRAUMA-INFORMED, PATIENT-CENTERED CARE; REFERRING
 INDIVIDUALS  TO  APPROPRIATE  TREATMENTS  FOR  CO-OCCURRING   DISORDERS;
 IMPLICIT  BIAS  TRAINING, AND BEST PRACTICE APPROACHES TO SERVING MARGI-
 NALIZED AND MINORITY POPULATIONS. SUCH COURSES SHALL BE UPDATED AS NEED-
 ED TO REFLECT EVOLVING BEST PRACTICES IN TREATMENT AND LONG-TERM  RECOV-
 ERY.    FOR  THE  PURPOSES  OF THIS SUBDIVISION, THE TERM "IMPLICIT BIAS
 TRAINING" SHALL MEAN A FORM OF TRAINING WITH THE GOAL OF  MAKING  PEOPLE
 MORE  AWARE  OF  THEIR OWN BIASES, FOR THE PURPOSE OF ENSURING EQUITY IN
 CARE DELIVERY.
   (2) THE OFFICE SHALL ESTABLISH PROCEDURES  FOR  ISSUING,  DIRECTLY  OR
 THROUGH  CONTRACT, CREDENTIALS TO ASSOCIATES WHO MEET MINIMUM QUALIFICA-
 TIONS, INCLUDING  THE  ESTABLISHMENT  OF  APPROPRIATE  FEES,  AND  SHALL
 FURTHER  ESTABLISH  PROCEDURES TO SUSPEND, REVOKE, OR ANNUL SUCH CREDEN-
 TIALS FOR GOOD CAUSE.   SUCH PROCEDURES  SHALL  BE  PROMULGATED  BY  THE
 COMMISSIONER BY RULE OR REGULATION.
   (3) THE COMMISSIONER SHALL ESTABLISH A CREDENTIALING BOARD WHICH SHALL
 PROVIDE  ADVICE CONCERNING THE CREDENTIALING PROCESS UNDER THIS SUBDIVI-
 SION.
   (4) NO PERSON SHALL USE THE TITLE QUALIFIED  MENTAL  HEALTH  ASSOCIATE
 UNLESS AUTHORIZED PURSUANT TO THIS SUBDIVISION.
   (5)  FAILURE TO COMPLY WITH THE REQUIREMENTS OF THIS SUBDIVISION SHALL
 CONSTITUTE A VIOLATION AS DEFINED IN THE PENAL LAW.
   § 2. Section 7.03 of the mental hygiene law is amended by adding a new
 subdivision 3 to read as follows:
   3. "QUALIFIED MENTAL HEALTH ASSOCIATE" OR  "QMHA"  MEANS  AN  OFFICIAL
 DESIGNATION  IDENTIFYING  AN  INDIVIDUAL  AS  ONE  WHO HOLDS A CURRENTLY
 S. 4007                            526                           A. 3007
 
 REGISTERED AND VALID CREDENTIAL ISSUED BY THE OFFICE PURSUANT TO SECTION
 7.07 OF THIS ARTICLE WHICH DOCUMENTS AN INDIVIDUAL'S  QUALIFICATIONS  TO
 PROVIDE  COUNSELING  AND  SUPPORTIVE  ASSISTANCE  TO  THOSE  WITH MENTAL
 ILLNESS.
   §  3.  Paragraph (a) of subdivision 5 of section 7706 of the education
 law, as added by chapter 420 of the laws of 2002, is amended to read  as
 follows:
   (a) any individual who is credentialed under any law, including attor-
 neys,  rape  crisis  counselors,  credentialed  alcoholism and substance
 abuse counselors, AND QUALIFIED MENTAL HEALTH ASSOCIATES AS  DEFINED  BY
 SECTION  7.03 OF THE MENTAL HYGIENE LAW whose scope of practice includes
 the practices defined in section seventy-seven hundred one of this arti-
 cle from performing or claiming to perform work authorized by applicable
 provisions of this chapter and the mental hygiene law;
   § 4. Subdivision 2 of section 8410 of the education law, as  added  by
 chapter 676 of the laws of 2002, is amended to read as follows:
   2. Prohibit or limit any individual who is credentialed under any law,
 including  attorneys, rape crisis counselors, certified alcoholism coun-
 selors [and], certified substance abuse counselors, AND QUALIFIED MENTAL
 HEALTH ASSOCIATES AS DEFINED BY SECTION 7.03 OF THE MENTAL  HYGIENE  LAW
 from  providing  mental  health  services within their respective estab-
 lished authorities.
   § 5. This act shall take effect immediately.
 
                                  PART HH
 
   Section 1. Sections 36.01, 36.02 and 36.03 of the mental  hygiene  law
 are  renumbered  sections 36.02, 36.03 and 36.04 and a new section 36.01
 is added to read as follows:
 § 36.01 GENERAL APPLICABILITY.
   THE OFFICE OF MENTAL HEALTH AND THE OFFICE OF ADDICTION  SERVICES  AND
 SUPPORTS  SHALL  BE  AUTHORIZED TO RECEIVE FROM THE DIVISION OF CRIMINAL
 JUSTICE SERVICES CRIMINAL HISTORY INFORMATION, AS SUCH TERM  IS  DEFINED
 IN   PARAGRAPH   (C)   OF  SUBDIVISION  ONE  OF  SECTION  EIGHT  HUNDRED
 FORTY-FIVE-B OF THE EXECUTIVE LAW, CONCERNING EACH  APPLICANT  TO  BE  A
 PROVIDER OF SERVICES OR OPERATOR OF SUCH PROVIDER OF SERVICES, AND SHALL
 SECURELY EXCHANGE INFORMATION WITH CONFIDENTIALITY BETWEEN THE OFFICE OF
 MENTAL  HEALTH  AND  THE  OFFICE  OF  ADDICTION SERVICES AND SUPPORTS TO
 FACILITATE A SINGLE CRIMINAL HISTORY INFORMATION PROCESS  FOR  PROVIDERS
 OF  SERVICES  LICENSED, CERTIFIED, OR OTHERWISE AUTHORIZED JOINTLY OR BY
 BOTH OF THE OFFICES PURSUANT TO THIS ARTICLE OR ARTICLES THIRTY-ONE  AND
 THIRTY-TWO OF THIS TITLE.
   §  2.  The  mental  hygiene  law is amended by adding two new sections
 36.05 and 36.06 to read as follows:
 § 36.05 CERTIFIED COMMUNITY BEHAVIORAL HEALTH CLINICS.
   (A) THE COMMISSIONERS ARE  AUTHORIZED  TO  JOINTLY  CERTIFY  COMMUNITY
 BEHAVIORAL  HEALTH  CLINICS,  SUBJECT  TO  THE AVAILABILITY OF STATE AND
 FEDERAL FUNDING.
   (B) CERTIFIED COMMUNITY BEHAVIORAL HEALTH CLINICS SHALL PROVIDE  COOR-
 DINATED,  COMPREHENSIVE  BEHAVIORAL HEALTH CARE, INCLUDING MENTAL HEALTH
 AND ADDICTION SERVICES, PRIMARY  CARE  SCREENING,  AND  CASE  MANAGEMENT
 SERVICES, IN ACCORDANCE WITH CERTIFIED COMMUNITY BEHAVIORAL HEALTH CLIN-
 IC  STANDARDS  ESTABLISHED BY THE UNITED STATES DEPARTMENT OF HEALTH AND
 HUMAN SERVICES SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES ADMINISTRATION
 AND THE COMMISSIONERS OF THE OFFICE OF MENTAL HEALTH AND THE  OFFICE  OF
 ADDICTION SERVICES AND SUPPORTS.
 S. 4007                            527                           A. 3007
 
   (C)  THE COMMISSIONERS SHALL REQUIRE EACH PROPOSED CERTIFIED COMMUNITY
 BEHAVIORAL HEALTH CLINIC TO SUBMIT A PLAN, WHICH SHALL  BE  APPROVED  BY
 THE  COMMISSIONERS  PRIOR  TO  THE  ISSUANCE OF AN OPERATING CERTIFICATE
 PURSUANT TO THIS ARTICLE.  SUCH PLAN SHALL INCLUDE:
   (1)  A DESCRIPTION OF THE CLINIC'S CHARACTER AND COMPETENCY TO PROVIDE
 CERTIFIED COMMUNITY BEHAVIORAL HEALTH CLINIC SERVICES ACROSS THE  LIFES-
 PAN,  INCLUDING  HOW THE CLINIC WILL ENSURE ACCESS TO CRISIS SERVICES AT
 ALL TIMES AND ACCEPT ALL PATIENTS REGARDLESS OF ABILITY TO PAY;
   (2) A DESCRIPTION OF THE CLINIC'S CATCHMENT AREA;
   (3) A STATEMENT INDICATING THAT THE CLINIC HAS  BEEN  INCLUDED  IN  AN
 APPROVED  LOCAL SERVICES PLAN DEVELOPED PURSUANT TO ARTICLE FORTY-ONE OF
 THIS CHAPTER FOR EACH  LOCAL  GOVERNMENT  LOCATED  WITHIN  THE  CLINIC'S
 CATCHMENT AREA;
   (4)  WHERE EXECUTED, AGREEMENTS ESTABLISHING FORMAL RELATIONSHIPS WITH
 DESIGNATED COLLABORATING  ORGANIZATIONS  TO  PROVIDE  CERTAIN  CERTIFIED
 COMMUNITY  BEHAVIORAL  HEALTH  CLINIC SERVICES, CONSISTENT WITH GUIDANCE
 ISSUED BY THE UNITED STATES DEPARTMENT  OF  HEALTH  AND  HUMAN  SERVICES
 SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES ADMINISTRATION AND THE OFFICE
 OF MENTAL HEALTH AND THE OFFICE OF ADDICTION SERVICES AND SUPPORTS;
   (5)  A  STAFFING PLAN DRIVEN BY LOCAL NEEDS ASSESSMENT, LICENSING, AND
 TRAINING TO SUPPORT SERVICE DELIVERY;
   (6) A DESCRIPTION OF THE  CLINIC'S  DATA-DRIVEN  APPROACH  TO  QUALITY
 IMPROVEMENT;
   (7)  A  DESCRIPTION  OF HOW CONSUMERS ARE REPRESENTED IN GOVERNANCE OF
 THE CLINIC;
   (8) ALL FINANCIAL INFORMATION IN THE FORM AND FORMAT REQUIRED  BY  THE
 OFFICE  OF  MENTAL  HEALTH  AND  THE  OFFICE  OF  ADDICTION SERVICES AND
 SUPPORTS; AND
   (9) ANY OTHER INFORMATION OR AGREEMENTS REQUIRED BY THE COMMISSIONERS.
   (D) WHERE A CERTIFIED COMMUNITY  BEHAVIORAL  HEALTH  CLINIC  HAS  BEEN
 ESTABLISHED  AND  IS PARTICIPATING ON THE EFFECTIVE DATE OF THIS SECTION
 IN THE FEDERAL  CERTIFIED  COMMUNITY  BEHAVIORAL  HEALTH  CLINIC  DEMON-
 STRATION  AWARDED TO THE STATE BY THE UNITED STATES DEPARTMENT OF HEALTH
 AND HUMAN SERVICES SUBSTANCE ABUSE AND MENTAL HEALTH  SERVICES  ADMINIS-
 TRATION,  THE  PREVIOUSLY  ESTABLISHED CLINIC MAY BE CERTIFIED WHERE THE
 CLINIC DEMONSTRATES COMPLIANCE WITH THE CERTIFICATION  STANDARDS  ESTAB-
 LISHED PURSUANT TO THIS ARTICLE.
   (E)  THE  COMMISSIONERS SHALL PROMULGATE ANY RULE OR REGULATION NECES-
 SARY TO EFFECTUATE THIS SECTION.
 § 36.06 CERTIFIED COMMUNITY  BEHAVIORAL  HEALTH  CLINICS  INDIGENT  CARE
           PROGRAM.
   (A)  (1)  FOR  PERIODS  ON  AND AFTER JULY FIRST, TWO THOUSAND TWENTY-
 THREE, THE COMMISSIONERS ARE AUTHORIZED  TO  MAKE  PAYMENT  TO  ELIGIBLE
 CERTIFIED  COMMUNITY  BEHAVIORAL  HEALTH CLINICS, TO THE EXTENT OF FUNDS
 APPROPRIATED THEREFOR TO ASSIST IN MEETING LOSSES RESULTING FROM  UNCOM-
 PENSATED  CARE.    IN  THE  EVENT FEDERAL FINANCIAL PARTICIPATION IS NOT
 AVAILABLE FOR SUCH PAYMENTS TO ELIGIBLE CERTIFIED  COMMUNITY  BEHAVIORAL
 HEALTH  CLINICS, PAYMENTS SHALL BE MADE SOLELY ON THE BASIS OF AVAILABLE
 STATE GENERAL FUND APPROPRIATIONS FOR THIS  PURPOSE  IN  AMOUNTS  TO  BE
 DETERMINED BY THE DIRECTOR OF THE DIVISION OF THE BUDGET.
   (2) FOR PURPOSES OF THIS SECTION, "ELIGIBLE CERTIFIED COMMUNITY BEHAV-
 IORAL HEALTH CLINICS" SHALL MEAN VOLUNTARY NON-PROFIT CERTIFIED COMMUNI-
 TY  BEHAVIORAL  HEALTH  CLINICS  PARTICIPATING  IN THE FEDERAL CERTIFIED
 COMMUNITY BEHAVIORAL HEALTH CLINIC DEMONSTRATION AWARDED TO THE STATE BY
 THE UNITED STATES DEPARTMENT OF  HEALTH  AND  HUMAN  SERVICES  SUBSTANCE
 ABUSE  AND  MENTAL  HEALTH  SERVICES  ADMINISTRATION AND OTHER CERTIFIED
 S. 4007                            528                           A. 3007
 
 COMMUNITY BEHAVIORAL HEALTH CLINICS CERTIFIED PURSUANT TO SECTION  36.05
 OF  THIS  ARTICLE,  WHICH DEMONSTRATE THAT A MINIMUM OF THREE PERCENT OF
 TOTAL VISITS REPORTED DURING THE APPLICABLE BASE YEAR PERIOD, AS  DETER-
 MINED BY THE COMMISSIONERS, WERE TO UNINSURED INDIVIDUALS.
   (3) FOR PURPOSES OF THIS SECTION, "LOSSES RESULTING FROM UNCOMPENSATED
 CARE"  SHALL  MEAN  LOSSES FROM REPORTED SELF-PAY AND FREE VISITS MULTI-
 PLIED BY THE CLINIC'S MEDICAL ASSISTANCE PAYMENT RATE FOR THE APPLICABLE
 DISTRIBUTION YEAR, OFFSET BY PAYMENTS RECEIVED FROM SUCH PATIENTS DURING
 THE REPORTING PERIOD.
   (B) A CERTIFIED COMMUNITY BEHAVIORAL HEALTH CLINIC  QUALIFYING  FOR  A
 DISTRIBUTION PURSUANT TO THIS SECTION SHALL PROVIDE ASSURANCES SATISFAC-
 TORY  TO THE COMMISSIONERS THAT IT SHALL UNDERTAKE REASONABLE EFFORTS TO
 MAINTAIN FINANCIAL SUPPORT FROM COMMUNITY AND PUBLIC FUNDING SOURCES AND
 REASONABLE EFFORTS TO COLLECT PAYMENTS  FOR  SERVICES  FROM  THIRD-PARTY
 INSURANCE PAYORS, GOVERNMENTAL PAYORS AND SELF-PAYING PATIENTS.
   (C)  (1) FUNDING PURSUANT TO THIS SECTION SHALL BE ALLOCATED TO ELIGI-
 BLE CERTIFIED COMMUNITY  BEHAVIORAL  HEALTH  CLINICS  BASED  ON  ACTUAL,
 REPORTED  LOSSES  RESULTING FROM UNCOMPENSATED CARE IN A GIVEN BASE YEAR
 PERIOD AND SHALL NOT EXCEED ONE HUNDRED PERCENT OF AN ELIGIBLE  CLINIC'S
 LOSSES IN THE SAME PERIOD.
   (2) IF THE SUM OF ACTUAL, REPORTED LOSSES RESULTING FROM UNCOMPENSATED
 CARE  FOR  ALL CERTIFIED COMMUNITY BEHAVIORAL HEALTH CLINICS EXCEEDS THE
 AMOUNT APPROPRIATED THEREFOR IN A GIVEN BASE YEAR PERIOD, ALLOCATIONS OF
 FUNDS FOR EACH ELIGIBLE CERTIFIED  COMMUNITY  BEHAVIORAL  HEALTH  CLINIC
 SHALL BE ASSESSED PROPORTIONATELY BASED UPON THE PERCENTAGE OF THE TOTAL
 NUMBER  OF  UNCOMPENSATED  CARE  VISITS FOR ALL CLINICS THAT EACH CLINIC
 PROVIDED DURING THE BASE YEAR AND SHALL NOT EXCEED AMOUNTS  APPROPRIATED
 IN THE AGGREGATE.
   (D) EXCEPT AS PROVIDED IN SUBDIVISION (E) OF THIS SECTION, FOR PERIODS
 ON  AND AFTER JULY FIRST, TWO THOUSAND TWENTY-THREE THROUGH JUNE THIRTI-
 ETH, TWO THOUSAND TWENTY-SIX, FUNDS SHALL BE MADE AVAILABLE FOR PAYMENTS
 PURSUANT TO THIS SECTION FOR  ELIGIBLE  CERTIFIED  COMMUNITY  BEHAVIORAL
 HEALTH  CLINICS  FOR  THE  FOLLOWING  PERIODS IN THE FOLLOWING AGGREGATE
 AMOUNTS:
   (1) FOR THE PERIOD OF JULY FIRST, TWO  THOUSAND  TWENTY-THREE  THROUGH
 JUNE  THIRTIETH, TWO THOUSAND TWENTY-FOUR, UP TO TWENTY-TWO MILLION FIVE
 HUNDRED THOUSAND DOLLARS;
   (2) FOR THE PERIOD OF JULY FIRST,  TWO  THOUSAND  TWENTY-FOUR  THROUGH
 JUNE  THIRTIETH,  TWO  THOUSAND TWENTY-FIVE, UP TO FORTY-ONE MILLION TWO
 HUNDRED FIFTY THOUSAND DOLLARS; AND
   (3) FOR THE PERIOD OF JULY FIRST,  TWO  THOUSAND  TWENTY-FIVE  THROUGH
 JUNE  THIRTIETH,  TWO  THOUSAND  TWENTY-SIX,  UP  TO  FORTY-FIVE MILLION
 DOLLARS.
   (E) IN THE EVENT THAT FEDERAL FINANCIAL PARTICIPATION IS NOT AVAILABLE
 FOR RATE ADJUSTMENTS PURSUANT  TO  THIS  SECTION,  FUNDS  AVAILABLE  FOR
 PAYMENTS  PURSUANT TO THIS SECTION FOR EACH ELIGIBLE CERTIFIED COMMUNITY
 BEHAVIORAL HEALTH CLINIC SHALL  BE  LIMITED  TO  THE  NON-FEDERAL  SHARE
 EQUIVALENT OF THE AMOUNTS SPECIFIED IN SUBDIVISION (D) OF THIS SECTION.
   (F)  ELIGIBLE  CERTIFIED COMMUNITY BEHAVIORAL HEALTH CLINICS RECEIVING
 FUNDING UNDER THIS SECTION SHALL NOT BE ELIGIBLE FOR COMPREHENSIVE DIAG-
 NOSTIC AND TREATMENT CENTERS INDIGENT CARE PROGRAM FUNDING  PURSUANT  TO
 SECTION TWO THOUSAND EIGHT HUNDRED SEVEN-P OF THE PUBLIC HEALTH LAW.
   (G)  THE  COMMISSIONERS MAY REQUIRE FACILITIES RECEIVING DISTRIBUTIONS
 PURSUANT TO THIS  SECTION  AS  A  CONDITION  OF  PARTICIPATING  IN  SUCH
 DISTRIBUTIONS,  TO  PROVIDE  REPORTS  AND  DATA  TO THE OFFICE OF MENTAL
 HEALTH AND THE OFFICE OF ADDICTION SERVICES AND SUPPORTS AS THE  COMMIS-
 S. 4007                            529                           A. 3007
 
 SIONERS  DEEM  NECESSARY  TO ADEQUATELY IMPLEMENT THE PROVISIONS OF THIS
 SECTION.
   § 3. This act shall take effect immediately.
 
                                  PART II
 
   Section  1.  This Part enacts into law major components of legislation
 relating to improving access to behavioral health services. Each  compo-
 nent  is  wholly  contained  within  a  Subpart identified as Subparts A
 through F. The effective date for each  particular  provision  contained
 within  such  Subpart  is set forth in the last section of such Subpart.
 Any provision in any section contained within a Subpart,  including  the
 effective  date  of  the Subpart, which makes reference to a section "of
 this act", when used in connection with that particular component, shall
 be deemed to mean and refer to the corresponding section of the  Subpart
 in  which  it is found. Section three of this act sets forth the general
 effective date of this Part.
 
                                 SUBPART A
 
   Section 1. Item (i) of subparagraph (A) of paragraph 35 of  subsection
 (i)  of  section 3216 of the insurance law, as amended by chapter 818 of
 the laws of 2022, is amended to read as follows:
   (i) where the policy provides coverage for  inpatient  hospital  care,
 such  policy shall include benefits: for inpatient care in a hospital as
 defined by subdivision ten of section 1.03 of  the  mental  hygiene  law
 [and  benefits for]; SUB-ACUTE CARE IN A MEDICALLY-MONITORED RESIDENTIAL
 FACILITY LICENSED, OPERATED, OR OTHERWISE AUTHORIZED BY  THE  OFFICE  OF
 MENTAL  HEALTH;  outpatient  care  provided [in] BY a facility issued an
 operating certificate by the commissioner of mental health  pursuant  to
 the  provisions  of  article  thirty-one of the mental hygiene law[,] or
 [in] BY a facility operated by the office of  mental  health[,  or  in];
 OUTPATIENT  CARE  PROVIDED  BY  a  crisis  stabilization center licensed
 pursuant to section 36.01 of the mental hygiene law[,]; OUTPATIENT  CARE
 PROVIDED  BY  A  MOBILE  CRISIS INTERVENTION SERVICES PROVIDER LICENSED,
 CERTIFIED, OR AUTHORIZED BY THE  OFFICE  OF  MENTAL  HEALTH,  OFFICE  OF
 ADDICTION SERVICES AND SUPPORTS, OFFICE OF CHILDREN AND FAMILY SERVICES,
 OR DEPARTMENT OF HEALTH; OUTPATIENT CARE FOR CARE COORDINATION SERVICES,
 CRITICAL  TIME  INTERVENTION SERVICES, AND ASSERTIVE COMMUNITY TREATMENT
 SERVICES,  PROVIDED  BY  FACILITIES  LICENSED,  OPERATED,  OR  OTHERWISE
 AUTHORIZED  BY  THE  OFFICE OF MENTAL HEALTH, FOLLOWING DISCHARGE FROM A
 HOSPITAL AS DEFINED BY SUBDIVISION TEN OF SECTION  1.03  OF  THE  MENTAL
 HYGIENE  LAW OR THE EMERGENCY DEPARTMENT OF A HOSPITAL LICENSED PURSUANT
 TO ARTICLE TWENTY-EIGHT OF THE PUBLIC HEALTH LAW; or, for care  provided
 in  other  states,  to  similarly  licensed or certified hospitals [or],
 facilities, OR PROVIDERS; and
   § 2. Items (iii) and (iv) of  subparagraph  (E)  of  paragraph  35  of
 subsection (i) of section 3216 of the insurance law, as added by section
 8 of subpart A of part BB of chapter 57 of the laws of 2019, are amended
 and two new items (v) and (vi) are added to read as follows:
   (iii)  "treatment  limitation" means limits on the frequency of treat-
 ment, number of visits, days of coverage, or other similar limits on the
 scope or duration of treatment and  includes  nonquantitative  treatment
 limitations  such as: medical management standards limiting or excluding
 benefits based on medical necessity, or based on whether  the  treatment
 is  experimental  or  investigational; formulary design for prescription
 S. 4007                            530                           A. 3007
 
 drugs; network tier design; standards for provider admission to  partic-
 ipate in a network, including reimbursement rates; methods for determin-
 ing usual, customary, and reasonable charges; fail-first or step therapy
 protocols;  exclusions  based  on failure to complete a course of treat-
 ment; and restrictions based  on  geographic  location,  facility  type,
 provider  specialty, and other criteria that limit the scope or duration
 of benefits for services provided under the policy; [and]
   (iv) "mental health condition" means any  mental  health  disorder  as
 defined  in  the  most  recent edition of the diagnostic and statistical
 manual of mental disorders or the most recent edition of another  gener-
 ally recognized independent standard of current medical practice such as
 the international classification of diseases[.];
   (V)  "ASSERTIVE  COMMUNITY TREATMENT" MEANS AN EVIDENCE-BASED, MOBILE,
 PSYCHIATRIC TREATMENT INTERVENTION, DESIGNED FOR AN  INDIVIDUAL  WITH  A
 SERIOUS MENTAL HEALTH CONDITION WHO IS AT RISK FOR HOSPITALIZATION, THAT
 INCLUDES PSYCHOTHERAPY, MEDICATION THERAPY, CRISIS INTERVENTION, PSYCHI-
 ATRIC  REHABILITATION,  CARE  COORDINATION,  AND  PEER SUPPORT SERVICES,
 PROVIDED ASSERTIVELY IN THE COMMUNITY; AND
   (VI) "CRITICAL TIME INTERVENTION SERVICES" MEANS EVIDENCE-BASED, TIME-
 LIMITED, THERAPEUTIC INTERVENTIONS THAT BEGIN BEFORE  AN  INDIVIDUAL  IS
 DISCHARGED  FROM  AN INPATIENT SETTING, THAT INCLUDE INTENSIVE OUTREACH,
 ENGAGEMENT, AND CARE COORDINATION SERVICES TO STABILIZE  THE  INDIVIDUAL
 IN THE COMMUNITY.
   §  3.  Paragraph 35 of subsection (i) of section 3216 of the insurance
 law is amended by adding a new subparagraph (I) to read as follows:
   (I) THIS  SUBPARAGRAPH  SHALL  APPLY  TO  MOBILE  CRISIS  INTERVENTION
 SERVICES  PROVIDERS  LICENSED, CERTIFIED, OR AUTHORIZED BY THE OFFICE OF
 MENTAL HEALTH, OFFICE OF ADDICTION  SERVICES  AND  SUPPORTS,  OFFICE  OF
 CHILDREN  AND  FAMILY SERVICES, OR DEPARTMENT OF HEALTH. FOR PURPOSES OF
 THIS SUBPARAGRAPH, "MOBILE CRISIS INTERVENTION  SERVICES"  MEANS  MENTAL
 HEALTH  AND  SUBSTANCE  USE  DISORDER SERVICES, INCLUDING ASSESSMENT AND
 TREATMENT SERVICES AND PEER SUPPORT SERVICES, PROVIDED TO AN  INDIVIDUAL
 EXPERIENCING  AN  ACUTE PSYCHOLOGICAL CRISIS OR ACUTE EMOTIONAL DISTRESS
 IN RELATION TO A MENTAL HEALTH  CONDITION  OR  SUBSTANCE  USE  DISORDER,
 INTENDED  TO  AMELIORATE  THE  CRISIS  AND  STABILIZE THE INDIVIDUAL AND
 ENSURE ONGOING STABILIZATION AFTER THE INITIAL CRISIS RESPONSE.
   (I) BENEFITS FOR COVERED SERVICES PROVIDED BY A MOBILE  CRISIS  INTER-
 VENTION SERVICES PROVIDER SHALL NOT BE SUBJECT TO PREAUTHORIZATION.
   (II)  BENEFITS FOR COVERED SERVICES PROVIDED BY A MOBILE CRISIS INTER-
 VENTION SERVICES PROVIDER SHALL BE COVERED  REGARDLESS  OF  WHETHER  THE
 MOBILE  CRISIS INTERVENTION SERVICES PROVIDER IS A PARTICIPATING PROVID-
 ER.
   (III) IF THE COVERED SERVICES  ARE  PROVIDED  BY  A  NON-PARTICIPATING
 MOBILE  CRISIS  INTERVENTION  SERVICES  PROVIDER,  AN  INSURER SHALL NOT
 IMPOSE ANY ADMINISTRATIVE REQUIREMENT OR LIMITATION ON COVERAGE THAT  IS
 MORE  RESTRICTIVE  THAN  THE  REQUIREMENTS  OR LIMITATIONS THAT APPLY TO
 COVERED SERVICES RECEIVED FROM  A  PARTICIPATING  MOBILE  CRISIS  INTER-
 VENTION SERVICES PROVIDER.
   (IV)  IF  THE  COVERED  SERVICES  ARE  PROVIDED BY A NON-PARTICIPATING
 MOBILE CRISIS INTERVENTION SERVICES PROVIDER, THE  INSURED'S  COPAYMENT,
 COINSURANCE,  AND  DEDUCTIBLE  SHALL  BE THE SAME AS WOULD APPLY IF SUCH
 COVERED SERVICES WERE PROVIDED BY A PARTICIPATING MOBILE  CRISIS  INTER-
 VENTION SERVICES PROVIDER.
   §  4.  Paragraph 35 of subsection (i) of section 3216 of the insurance
 law is amended by adding a new subparagraph (J) to read as follows:
 S. 4007                            531                           A. 3007
 
   (J) THIS SUBPARAGRAPH SHALL APPLY TO SCHOOL-BASED MENTAL HEALTH  CLIN-
 ICS  THAT  ARE  LICENSED  PURSUANT  TO  ARTICLE THIRTY-ONE OF THE MENTAL
 HYGIENE LAW AND PROVIDE OUTPATIENT CARE IN  PRE-SCHOOL,  ELEMENTARY,  OR
 SECONDARY  SCHOOLS.  AN  INSURER SHALL PROVIDE REIMBURSEMENT FOR COVERED
 OUTPATIENT CARE WHEN PROVIDED BY SUCH SCHOOL-BASED MENTAL HEALTH CLINICS
 AT  A PRE-SCHOOL, ELEMENTARY, OR SECONDARY SCHOOL, REGARDLESS OF WHETHER
 THE SCHOOL-BASED MENTAL HEALTH CLINIC  FURNISHING  SUCH  SERVICES  IS  A
 PARTICIPATING PROVIDER WITH RESPECT TO SUCH SERVICES.  REIMBURSEMENT FOR
 SUCH COVERED SERVICES SHALL BE AT THE RATE NEGOTIATED BETWEEN THE INSUR-
 ER AND SCHOOL-BASED MENTAL HEALTH CLINIC OR, IN THE ABSENCE OF A NEGOTI-
 ATED  RATE,  AN AMOUNT NO LESS THAN THE RATE THAT WOULD BE PAID FOR SUCH
 SERVICES PURSUANT TO THE MEDICAL ASSISTANCE PROGRAM UNDER  TITLE  ELEVEN
 OF ARTICLE FIVE OF THE SOCIAL SERVICES LAW. PAYMENT BY AN INSURER PURSU-
 ANT  TO THIS SECTION SHALL BE PAYMENT IN FULL FOR THE SERVICES PROVIDED.
 THE SCHOOL-BASED  MENTAL  HEALTH  CLINIC  REIMBURSED  PURSUANT  TO  THIS
 SECTION  SHALL  NOT  CHARGE  OR SEEK ANY REIMBURSEMENT FROM, OR HAVE ANY
 RECOURSE AGAINST, AN INSURED FOR THE SERVICES PROVIDED PURSUANT TO  THIS
 SUBPARAGRAPH,  EXCEPT FOR THE COLLECTION OF IN-NETWORK COPAYMENTS, COIN-
 SURANCE, OR DEDUCTIBLES FOR WHICH THE INSURED IS RESPONSIBLE  FOR  UNDER
 THE TERMS OF THE POLICY.
   §  5. Item (i) of subparagraph (A) of paragraph 5 of subsection (l) of
 section 3221 of the insurance law, as amended by section 14 of  part  AA
 of chapter 57 of the laws of 2021, is amended to read as follows:
   (i)  where  the  policy provides coverage for inpatient hospital care,
 benefits for: inpatient care in a hospital as defined by subdivision ten
 of section 1.03 of the mental hygiene law [and benefits for];  SUB-ACUTE
 CARE  IN  A MEDICALLY-MONITORED RESIDENTIAL FACILITY LICENSED, OPERATED,
 OR OTHERWISE AUTHORIZED BY THE OFFICE OF MENTAL HEALTH; outpatient  care
 provided  [in]  BY  a  facility  issued  an operating certificate by the
 commissioner of mental health pursuant  to  the  provisions  of  article
 thirty-one  of the mental hygiene law, or [in] BY a facility operated by
 the office of mental health [or  in];  OUTPATIENT  CARE  PROVIDED  BY  a
 crisis  stabilization  center  licensed pursuant to section 36.01 of the
 mental hygiene law; OUTPATIENT CARE PROVIDED BY A MOBILE  CRISIS  INTER-
 VENTION  SERVICES  PROVIDER  LICENSED,  CERTIFIED,  OR AUTHORIZED BY THE
 OFFICE OF MENTAL HEALTH, OFFICE  OF  ADDICTION  SERVICES  AND  SUPPORTS,
 OFFICE  OF CHILDREN AND FAMILY SERVICES, OR DEPARTMENT OF HEALTH; OUTPA-
 TIENT CARE FOR CARE COORDINATION SERVICES,  CRITICAL  TIME  INTERVENTION
 SERVICES, AND ASSERTIVE COMMUNITY TREATMENT SERVICES, PROVIDED BY FACIL-
 ITIES  LICENSED,  OPERATED,  OR  OTHERWISE  AUTHORIZED  BY THE OFFICE OF
 MENTAL HEALTH OR THE DEPARTMENT OF HEALTH, FOLLOWING  DISCHARGE  FROM  A
 HOSPITAL  AS  DEFINED  BY  SUBDIVISION TEN OF SECTION 1.03 OF THE MENTAL
 HYGIENE LAW OR THE EMERGENCY DEPARTMENT OF A HOSPITAL LICENSED  PURSUANT
 TO  ARTICLE TWENTY-EIGHT OF THE PUBLIC HEALTH LAW; or, for care provided
 in other states, to similarly  licensed  or  certified  hospitals  [or],
 facilities, OR PROVIDERS; and
   §  6.  Items  (iii)  and  (iv)  of  subparagraph (E) of paragraph 5 of
 subsection (l) of section 3221 of the insurance law, as added by section
 14 of subpart A of part BB of chapter  57  of  the  laws  of  2019,  are
 amended and two new items (v) and (vi) are added to read as follows:
   (iii)  "treatment  limitation" means limits on the frequency of treat-
 ment, number of visits, days of coverage, or other similar limits on the
 scope or duration of treatment and  includes  nonquantitative  treatment
 limitations  such as: medical management standards limiting or excluding
 benefits based on medical necessity, or based on whether  the  treatment
 is  experimental  or  investigational; formulary design for prescription
 S. 4007                            532                           A. 3007
 
 drugs; network tier design; standards for provider admission to  partic-
 ipate in a network, including reimbursement rates; methods for determin-
 ing usual, customary, and reasonable charges; fail-first or step therapy
 protocols;  exclusions  based  on failure to complete a course of treat-
 ment; and restrictions based  on  geographic  location,  facility  type,
 provider  specialty, and other criteria that limit the scope or duration
 of benefits for services provided under the policy; [and]
   (iv) "mental health condition" means any  mental  health  disorder  as
 defined  in  the  most  recent edition of the diagnostic and statistical
 manual of mental disorders or the most recent edition of another  gener-
 ally recognized independent standard of current medical practice such as
 the international classification of diseases[.];
   (V)  "ASSERTIVE  COMMUNITY TREATMENT" MEANS AN EVIDENCE-BASED, MOBILE,
 PSYCHIATRIC TREATMENT INTERVENTION, DESIGNED FOR PEOPLE WITH  A  SERIOUS
 MENTAL  HEALTH  CONDITION  WHO  ARE  AT  RISK  FOR HOSPITALIZATION, THAT
 INCLUDES PSYCHOTHERAPY, MEDICATION THERAPY, CRISIS INTERVENTION, PSYCHI-
 ATRIC REHABILITATION, CARE  COORDINATION,  AND  PEER  SUPPORT  SERVICES,
 PROVIDED ASSERTIVELY IN THE COMMUNITY; AND
   (VI) "CRITICAL TIME INTERVENTION SERVICES" MEANS EVIDENCE-BASED, TIME-
 LIMITED,  THERAPEUTIC  INTERVENTIONS  THAT BEGIN BEFORE AN INDIVIDUAL IS
 DISCHARGED FROM AN INPATIENT SETTING, THAT INCLUDE  INTENSIVE  OUTREACH,
 ENGAGEMENT,  AND  CARE COORDINATION SERVICES TO STABILIZE INDIVIDUALS IN
 THE COMMUNITY.
   § 7. Paragraph 5 of subsection (l) of section 3221  of  the  insurance
 law is amended by adding a new subparagraph (I) to read as follows:
   (I)  THIS  SUBPARAGRAPH  SHALL  APPLY  TO  MOBILE  CRISIS INTERVENTION
 SERVICES PROVIDERS LICENSED, CERTIFIED, OR AUTHORIZED BY THE  OFFICE  OF
 MENTAL  HEALTH,  OFFICE  OF  ADDICTION  SERVICES AND SUPPORTS, OFFICE OF
 CHILDREN AND FAMILY SERVICES, OR DEPARTMENT OF HEALTH. FOR  PURPOSES  OF
 THIS  SUBPARAGRAPH,  "MOBILE  CRISIS INTERVENTION SERVICES" MEANS MENTAL
 HEALTH AND SUBSTANCE USE DISORDER  SERVICES,  INCLUDING  ASSESSMENT  AND
 TREATMENT  SERVICES AND PEER SUPPORT SERVICES, PROVIDED TO AN INDIVIDUAL
 EXPERIENCING AN ACUTE PSYCHOLOGICAL CRISIS OR ACUTE  EMOTIONAL  DISTRESS
 IN  RELATION  TO  A  MENTAL  HEALTH CONDITION OR SUBSTANCE USE DISORDER,
 INTENDED TO AMELIORATE THE  CRISIS  AND  STABILIZE  THE  INDIVIDUAL  AND
 ENSURE ONGOING STABILIZATION AFTER THE INITIAL CRISIS RESPONSE.
   (I)   BENEFITS FOR COVERED SERVICES PROVIDED BY A MOBILE CRISIS INTER-
 VENTION SERVICES PROVIDER SHALL NOT BE SUBJECT TO PREAUTHORIZATION.
   (II) BENEFITS FOR COVERED SERVICES PROVIDED BY A MOBILE CRISIS  INTER-
 VENTION  SERVICES  PROVIDER  SHALL  BE COVERED REGARDLESS OF WHETHER THE
 MOBILE CRISIS INTERVENTION SERVICES PROVIDER IS A PARTICIPATING  PROVID-
 ER.
   (III)    IF  THE  COVERED SERVICES ARE PROVIDED BY A NON-PARTICIPATING
 MOBILE CRISIS INTERVENTION  SERVICES  PROVIDER,  AN  INSURER  SHALL  NOT
 IMPOSE  ANY ADMINISTRATIVE REQUIREMENT OR LIMITATION ON COVERAGE THAT IS
 MORE RESTRICTIVE THAN THE REQUIREMENTS  OR  LIMITATIONS  THAT  APPLY  TO
 COVERED  SERVICES  RECEIVED  FROM  A  PARTICIPATING MOBILE CRISIS INTER-
 VENTION SERVICES PROVIDER.
   (IV)   IF THE COVERED SERVICES ARE  PROVIDED  BY  A  NON-PARTICIPATING
 MOBILE  CRISIS  INTERVENTION SERVICES PROVIDER, THE INSURED'S COPAYMENT,
 COINSURANCE, AND DEDUCTIBLE SHALL BE THE SAME AS  WOULD  APPLY  IF  SUCH
 COVERED  SERVICES  WERE PROVIDED BY A PARTICIPATING MOBILE CRISIS INTER-
 VENTION SERVICES PROVIDER.
   § 8. Paragraph 5 of subsection (l) of section 3221  of  the  insurance
 law is amended by adding a new subparagraph (J) to read as follows:
 S. 4007                            533                           A. 3007
 
   (J)  THIS SUBPARAGRAPH SHALL APPLY TO SCHOOL-BASED MENTAL HEALTH CLIN-
 ICS THAT ARE LICENSED PURSUANT  TO  ARTICLE  THIRTY-ONE  OF  THE  MENTAL
 HYGIENE  LAW  AND  PROVIDE OUTPATIENT CARE IN PRE-SCHOOL, ELEMENTARY, OR
 SECONDARY SCHOOLS. AN INSURER SHALL PROVIDE  REIMBURSEMENT  FOR  COVERED
 OUTPATIENT CARE WHEN PROVIDED BY SUCH SCHOOL-BASED MENTAL HEALTH CLINICS
 AT  A PRE-SCHOOL, ELEMENTARY, OR SECONDARY SCHOOL, REGARDLESS OF WHETHER
 THE SCHOOL-BASED MENTAL HEALTH CLINIC  FURNISHING  SUCH  SERVICES  IS  A
 PARTICIPATING PROVIDER WITH RESPECT TO SUCH SERVICES.  REIMBURSEMENT FOR
 SUCH COVERED SERVICES SHALL BE AT THE RATE NEGOTIATED BETWEEN THE INSUR-
 ER AND SCHOOL-BASED MENTAL HEALTH CLINIC OR, IN THE ABSENCE OF A NEGOTI-
 ATED  RATE,  AN AMOUNT NO LESS THAN THE RATE THAT WOULD BE PAID FOR SUCH
 SERVICES PURSUANT TO THE MEDICAL ASSISTANCE PROGRAM UNDER  TITLE  ELEVEN
 OF ARTICLE FIVE OF THE SOCIAL SERVICES LAW. PAYMENT BY AN INSURER PURSU-
 ANT  TO THIS SECTION SHALL BE PAYMENT IN FULL FOR THE SERVICES PROVIDED.
 THE SCHOOL-BASED  MENTAL  HEALTH  CLINIC  REIMBURSED  PURSUANT  TO  THIS
 SECTION  SHALL  NOT  CHARGE  OR  SEEK ANY REIMBURSEMENT FROM OR HAVE ANY
 RECOURSE AGAINST, AN INSURED FOR THE SERVICES PROVIDED PURSUANT TO  THIS
 SUBPARAGRAPH,  EXCEPT FOR THE COLLECTION OF IN-NETWORK COPAYMENTS, COIN-
 SURANCE, OR DEDUCTIBLES FOR WHICH THE INSURED IS RESPONSIBLE  FOR  UNDER
 THE TERMS OF THE POLICY.
   §  9.  Paragraph  1 of subsection (g) of section 4303 of the insurance
 law, as amended by section 18 of part AA of chapter 57 of  the  laws  of
 2021, is amended to read as follows:
   (1)  where the contract provides coverage for inpatient hospital care,
 benefits for: in-patient care in a hospital as  defined  by  subdivision
 ten  of  section  1.03  of the mental hygiene law [or for inpatient care
 provided in other states, to similarly licensed hospitals, and  benefits
 for];  SUB-ACUTE  CARE  IN  A  MEDICALLY-MONITORED  RESIDENTIAL FACILITY
 LICENSED, OPERATED, OR OTHERWISE AUTHORIZED  BY  THE  OFFICE  OF  MENTAL
 HEALTH; [out-patient] OUTPATIENT care provided [in] BY a facility issued
 an  operating  certificate by the commissioner of mental health pursuant
 to the provisions of article thirty-one of the  mental  hygiene  law  or
 [in]  BY  a  facility  operated  by the office of mental health [or in];
 OUTPATIENT CARE PROVIDED  BY  a  crisis  stabilization  center  licensed
 pursuant  to  section  36.01  of the mental hygiene law; OUTPATIENT CARE
 PROVIDED BY A MOBILE CRISIS  INTERVENTION  SERVICES  PROVIDER  LICENSED,
 CERTIFIED,  OR  AUTHORIZED  BY  THE  OFFICE  OF MENTAL HEALTH, OFFICE OF
 ADDICTION SERVICES AND SUPPORTS, OFFICE OF CHILDREN AND FAMILY SERVICES,
 OR DEPARTMENT OF HEALTH; OUTPATIENT CARE FOR CARE COORDINATION SERVICES,
 CRITICAL TIME INTERVENTION SERVICES, AND ASSERTIVE  COMMUNITY  TREATMENT
 SERVICES,  PROVIDED  BY  FACILITIES  LICENSED,  OPERATED,  OR  OTHERWISE
 AUTHORIZED BY THE OFFICE OF MENTAL HEALTH OR THE DEPARTMENT  OF  HEALTH,
 FOLLOWING  DISCHARGE  FROM  A  HOSPITAL AS DEFINED BY SUBDIVISION TEN OF
 SECTION 1.03 OF THE MENTAL HYGIENE LAW OR THE EMERGENCY DEPARTMENT OF  A
 HOSPITAL  LICENSED PURSUANT TO ARTICLE TWENTY-EIGHT OF THE PUBLIC HEALTH
 LAW; or for [out-patient] care provided in other  states,  to  similarly
 LICENSED OR certified HOSPITALS, facilities, OR PROVIDERS; and
   §  10.  Subparagraphs  (C) and (D) of paragraph 6 of subsection (g) of
 section 4303 of the insurance law, as added by section 23 of  subpart  A
 of  part  BB  of chapter 57 of the laws of 2019, are amended and two new
 subparagraphs (E) and (F) are added to read as follows:
   (C) "treatment limitation" means limits on the frequency of treatment,
 number of visits, days of coverage, or other similar limits on the scope
 or duration of treatment and includes nonquantitative treatment  limita-
 tions  such as: medical management standards limiting or excluding bene-
 fits based on medical necessity, or based on whether  the  treatment  is
 S. 4007                            534                           A. 3007
 
 experimental  or  investigational;  formulary  design  for  prescription
 drugs; network tier design; standards for provider admission to  partic-
 ipate in a network, including reimbursement rates; methods for determin-
 ing usual, customary, and reasonable charges; fail-first or step therapy
 protocols;  exclusions  based  on failure to complete a course of treat-
 ment; and restrictions based  on  geographic  location,  facility  type,
 provider  specialty, and other criteria that limit the scope or duration
 of benefits for services provided under the contract; [and]
   (D) "mental health condition" means  any  mental  health  disorder  as
 defined  in  the  most  recent edition of the diagnostic and statistical
 manual of mental disorders or the most recent edition of another  gener-
 ally recognized independent standard of current medical practice such as
 the international classification of diseases[.];
   (E)  "ASSERTIVE  COMMUNITY TREATMENT" MEANS AN EVIDENCE-BASED, MOBILE,
 PSYCHIATRIC TREATMENT INTERVENTION, DESIGNED FOR AN  INDIVIDUAL  WITH  A
 SERIOUS MENTAL HEALTH CONDITION WHO IS AT RISK FOR HOSPITALIZATION, THAT
 INCLUDES PSYCHOTHERAPY, MEDICATION THERAPY, CRISIS INTERVENTION, PSYCHI-
 ATRIC  REHABILITATION,  CARE  COORDINATION,  AND  PEER SUPPORT SERVICES,
 PROVIDED ASSERTIVELY IN THE COMMUNITY; AND
   (F) "CRITICAL TIME INTERVENTION SERVICES" MEANS EVIDENCE-BASED,  TIME-
 LIMITED,  THERAPEUTIC  INTERVENTIONS  THAT BEGIN BEFORE AN INDIVIDUAL IS
 DISCHARGED FROM AN INPATIENT SETTING, THAT INCLUDE  INTENSIVE  OUTREACH,
 ENGAGEMENT,  AND  CARE COORDINATION SERVICES TO STABILIZE INDIVIDUALS IN
 THE COMMUNITY.
   § 11. Subsection (g) of section 4303 of the insurance law  is  amended
 by adding a new paragraph 10 to read as follows:
   (10) THIS PARAGRAPH SHALL APPLY TO MOBILE CRISIS INTERVENTION SERVICES
 PROVIDERS  LICENSED,  CERTIFIED,  OR  AUTHORIZED BY THE OFFICE OF MENTAL
 HEALTH, OFFICE OF ADDICTION SERVICES AND SUPPORTS,  OFFICE  OF  CHILDREN
 AND FAMILY SERVICES, OR DEPARTMENT OF HEALTH. FOR PURPOSES OF THIS PARA-
 GRAPH,  "MOBILE  CRISIS  INTERVENTION  SERVICES" MEANS MENTAL HEALTH AND
 SUBSTANCE USE DISORDER  SERVICES,  INCLUDING  ASSESSMENT  AND  TREATMENT
 SERVICES AND PEER SUPPORT SERVICES, PROVIDED TO AN INDIVIDUAL EXPERIENC-
 ING  AN  ACUTE  PSYCHOLOGICAL  CRISIS  OR  ACUTE  EMOTIONAL  DISTRESS IN
 RELATION TO  A  MENTAL  HEALTH  CONDITION  OR  SUBSTANCE  USE  DISORDER,
 INTENDED  TO  AMELIORATE  THE  CRISIS  AND  STABILIZE THE INDIVIDUAL AND
 ENSURE ONGOING STABILIZATION AFTER THE INITIAL CRISIS RESPONSE.
   (A)  BENEFITS FOR COVERED SERVICES PROVIDED BY A MOBILE CRISIS  INTER-
 VENTION SERVICES PROVIDER SHALL NOT BE SUBJECT TO PREAUTHORIZATION.
   (B)  BENEFITS  FOR COVERED SERVICES PROVIDED BY A MOBILE CRISIS INTER-
 VENTION SERVICES PROVIDER SHALL BE COVERED  REGARDLESS  OF  WHETHER  THE
 MOBILE  CRISIS INTERVENTION SERVICES PROVIDER IS A PARTICIPATING PROVID-
 ER.
   (C)   IF THE COVERED SERVICES  ARE  PROVIDED  BY  A  NON-PARTICIPATING
 MOBILE  CRISIS  INTERVENTION  SERVICES PROVIDER, A CORPORATION SHALL NOT
 IMPOSE ANY ADMINISTRATIVE REQUIREMENT OR LIMITATION ON COVERAGE THAT  IS
 MORE  RESTRICTIVE  THAN  THE  REQUIREMENTS  OR LIMITATIONS THAT APPLY TO
 COVERED SERVICES RECEIVED FROM  A  PARTICIPATING  MOBILE  CRISIS  INTER-
 VENTION SERVICES PROVIDER.
   (D)    IF  THE  COVERED  SERVICES  ARE PROVIDED BY A NON-PARTICIPATING
 MOBILE CRISIS INTERVENTION SERVICES PROVIDER, THE  INSURED'S  COPAYMENT,
 COINSURANCE,  AND  DEDUCTIBLE  SHALL  BE THE SAME AS WOULD APPLY IF SUCH
 COVERED SERVICES WERE PROVIDED BY A PARTICIPATING MOBILE  CRISIS  INTER-
 VENTION SERVICES PROVIDER.
   §  12.  Subsection (g) of section 4303 of the insurance law is amended
 by adding a new paragraph 11 to read as follows:
 S. 4007                            535                           A. 3007
 
   (11) THIS PARAGRAPH SHALL APPLY TO SCHOOL-BASED MENTAL HEALTH  CLINICS
 THAT  ARE  LICENSED PURSUANT TO ARTICLE THIRTY-ONE OF THE MENTAL HYGIENE
 LAW AND PROVIDE OUTPATIENT CARE IN PRE-SCHOOL, ELEMENTARY, OR  SECONDARY
 SCHOOLS.  A  CORPORATION  SHALL PROVIDE REIMBURSEMENT FOR COVERED OUTPA-
 TIENT CARE WHEN PROVIDED BY SUCH SCHOOL-BASED MENTAL HEALTH CLINICS AT A
 PRE-SCHOOL,  ELEMENTARY,  OR SECONDARY SCHOOL, REGARDLESS OF WHETHER THE
 SCHOOL-BASED MENTAL HEALTH CLINIC FURNISHING SUCH SERVICES IS A  PARTIC-
 IPATING  PROVIDER WITH RESPECT TO SUCH SERVICES.  REIMBURSEMENT FOR SUCH
 COVERED SERVICES SHALL BE AT THE RATE NEGOTIATED BETWEEN THE CORPORATION
 AND SCHOOL-BASED MENTAL HEALTH CLINIC OR, IN THE ABSENCE OF A NEGOTIATED
 RATE, AN AMOUNT NO LESS THAN THE  RATE  THAT  WOULD  BE  PAID  FOR  SUCH
 SERVICES  PURSUANT  TO THE MEDICAL ASSISTANCE PROGRAM UNDER TITLE ELEVEN
 OF ARTICLE FIVE OF THE SOCIAL SERVICES LAW.  PAYMENT  BY  A  CORPORATION
 PURSUANT  TO  THIS  SECTION  SHALL  BE  PAYMENT IN FULL FOR THE SERVICES
 PROVIDED. THE SCHOOL-BASED MENTAL HEALTH CLINIC REIMBURSED  PURSUANT  TO
 THIS  SECTION  SHALL  NOT CHARGE OR SEEK ANY REIMBURSEMENT FROM, OR HAVE
 ANY RECOURSE AGAINST, A CORPORATION FOR THE SERVICES  PROVIDED  PURSUANT
 TO  THIS  PARAGRAPH, EXCEPT FOR THE COLLECTION OF IN-NETWORK COPAYMENTS,
 COINSURANCE, OR DEDUCTIBLES FOR WHICH THE  INSURED  IS  RESPONSIBLE  FOR
 UNDER THE TERMS OF THE CONTRACT.
   §  13.  Paragraphs  1  and  2  of subsection (a) of section 605 of the
 financial services law, as amended by section 5 of subpart A of part  AA
 of chapter 57 of the laws of 2022, are amended to read as follows:
   (1)  When  a  health  care plan receives a bill for emergency services
 from a  non-participating  provider,  including  a  bill  for  inpatient
 services  which  follow  an emergency room visit, OR A BILL FOR SERVICES
 FROM A MOBILE CRISIS INTERVENTION SERVICES PROVIDER LICENSED, CERTIFIED,
 OR AUTHORIZED BY THE  OFFICE  OF  MENTAL  HEALTH,  OFFICE  OF  ADDICTION
 SERVICES  AND  SUPPORTS,  OFFICE  OF  CHILDREN  AND  FAMILY SERVICES, OR
 DEPARTMENT OF HEALTH, the health care plan shall pay an amount  that  it
 determines is reasonable for the emergency services, including inpatient
 services  which  follow an emergency room visit OR FOR THE MOBILE CRISIS
 INTERVENTION SERVICES, rendered by the  non-participating  provider,  in
 accordance  with section three thousand two hundred twenty-four-a of the
 insurance law, except  for  the  insured's  co-payment,  coinsurance  or
 deductible,  if  any,  and  shall ensure that the insured shall incur no
 greater out-of-pocket costs for the emergency services, including  inpa-
 tient  services  which  follow an emergency room visit OR FOR THE MOBILE
 CRISIS INTERVENTION SERVICES, than the insured would have incurred  with
 a  participating  provider.  The non-participating provider may bill the
 health care plan for the services rendered. Upon receipt  of  the  bill,
 the health care plan shall pay the non-participating provider the amount
 prescribed  by  this  section and any subsequent amount determined to be
 owed to the provider in relation to  the  emergency  services  provided,
 including  inpatient  services  which follow an emergency room visit  OR
 FOR THE MOBILE CRISIS INTERVENTION SERVICES.
   (2) A non-participating provider or a health care plan  may  submit  a
 dispute  regarding  a  fee  or payment for emergency services, including
 inpatient services which  follow  an  emergency  room  visit,    OR  FOR
 SERVICES  RENDERED  BY  A  MOBILE  CRISIS INTERVENTION SERVICES PROVIDER
 LICENSED, CERTIFIED, OR AUTHORIZED  BY  THE  OFFICE  OF  MENTAL  HEALTH,
 OFFICE OF ADDICTION SERVICES AND SUPPORTS, OFFICE OF CHILDREN AND FAMILY
 SERVICES,  OR DEPARTMENT OF HEALTH, for review to an independent dispute
 resolution entity.
 S. 4007                            536                           A. 3007
 
   § 14. Subsection (b) of section 606 of the financial services law,  as
 amended  by  section 7 of subpart A of part AA of chapter 57 of the laws
 of 2022, is amended to read as follows:
   (b)  A  non-participating provider shall not bill an insured for emer-
 gency services, including inpatient services which follow  an  emergency
 room  visit,  OR  FOR  SERVICES RENDERED BY A MOBILE CRISIS INTERVENTION
 SERVICES PROVIDER LICENSED, CERTIFIED, OR AUTHORIZED BY  THE  OFFICE  OF
 MENTAL  HEALTH,  OFFICE  OF  ADDICTION  SERVICES AND SUPPORTS, OFFICE OF
 CHILDREN AND FAMILY SERVICES, OR DEPARTMENT OF HEALTH,  except  for  any
 applicable  copayment,  coinsurance  or deductible that would be owed if
 the insured utilized a participating provider.
   § 15. This act shall take effect January 1, 2024;  provided,  however,
 that sections one through twelve of this act shall apply to policies and
 contracts issued, renewed, amended, modified or altered on or after such
 date.
 
                                 SUBPART B
 
   Section 1. Subparagraphs (G) and (H) of paragraph 35 of subsection (i)
 of  section  3216  of  the  insurance  law, subparagraph (G) as added by
 section 8 of subpart A of part BB of chapter 57 of the laws of 2019  and
 subparagraph  (H) as added by section 13 of part AA of chapter 57 of the
 laws of 2021, are amended to read as follows:
   (G) This subparagraph shall apply to hospitals AND MEDICALLY-MONITORED
 CRISIS RESIDENTIAL FACILITIES in this state that are licensed, OPERATED,
 OR OTHERWISE AUTHORIZED by the office of mental health that are  partic-
 ipating  in  the  insurer's  provider network. Where the policy provides
 coverage for inpatient hospital care, benefits  for  inpatient  hospital
 care  in a hospital as defined by subdivision ten of section 1.03 of the
 mental hygiene law [provided to individuals who have  not  attained  the
 age  of  eighteen]  AND BENEFITS FOR SUB-ACUTE CARE IN A MEDICALLY-MONI-
 TORED CRISIS  RESIDENTIAL  FACILITY  LICENSED,  OPERATED,  OR  OTHERWISE
 AUTHORIZED BY THE OFFICE OF MENTAL HEALTH shall not be subject to preau-
 thorization. Coverage provided under this subparagraph shall also not be
 subject  to  concurrent  utilization review FOR INDIVIDUALS WHO HAVE NOT
 ATTAINED THE AGE OF EIGHTEEN during the first fourteen days of the inpa-
 tient admission, provided the facility notifies the insurer of both  the
 admission and the initial treatment plan within two business days of the
 admission,  performs daily clinical review of the [patient] INSURED, and
 participates in periodic consultation with the insurer  to  ensure  that
 the  facility  is  using  the  evidence-based and peer reviewed clinical
 review criteria utilized by the insurer which is approved by the  office
 of mental health and appropriate to the age of the [patient] INSURED, to
 ensure  that the inpatient care is medically necessary for the [patient]
 INSURED. FOR  INDIVIDUALS  WHO  HAVE  ATTAINED  AGE  EIGHTEEN,  COVERAGE
 PROVIDED UNDER THIS SUBPARAGRAPH SHALL ALSO NOT BE SUBJECT TO CONCURRENT
 REVIEW  DURING  THE  FIRST  THIRTY  DAYS OF THE INPATIENT OR RESIDENTIAL
 ADMISSION, PROVIDED THE FACILITY NOTIFIES THE INSURER OF BOTH THE ADMIS-
 SION AND THE INITIAL TREATMENT PLAN WITHIN  TWO  BUSINESS  DAYS  OF  THE
 ADMISSION,  PERFORMS  DAILY  CLINICAL REVIEW OF THE INSURED, AND PARTIC-
 IPATES IN PERIODIC CONSULTATION WITH THE  INSURER  TO  ENSURE  THAT  THE
 FACILITY  IS  USING THE EVIDENCE-BASED AND PEER REVIEWED CLINICAL REVIEW
 CRITERIA UTILIZED BY THE INSURER WHICH IS  APPROVED  BY  THE  OFFICE  OF
 MENTAL  HEALTH AND APPROPRIATE TO THE AGE OF THE INSURED, TO ENSURE THAT
 THE INPATIENT  OR  RESIDENTIAL  CARE  IS  MEDICALLY  NECESSARY  FOR  THE
 INSURED.    HOWEVER, CONCURRENT REVIEW MAY BE PERFORMED DURING THE FIRST
 S. 4007                            537                           A. 3007
 
 THIRTY DAYS IF AN INSURED MEETS  CLINICAL  CRITERIA  DESIGNATED  BY  THE
 OFFICE  OF  MENTAL HEALTH OR WHERE THE INSURED IS ADMITTED TO A HOSPITAL
 OR FACILITY WHICH HAS BEEN DESIGNATED BY THE OFFICE OF MENTAL HEALTH FOR
 CONCURRENT  REVIEW,  IN CONSULTATION WITH THE COMMISSIONER OF HEALTH AND
 THE SUPERINTENDENT.  All treatment provided under this subparagraph  may
 be  reviewed  retrospectively.  Where care is denied retrospectively, an
 insured shall not have any financial obligation to the facility for  any
 treatment under this subparagraph other than any copayment, coinsurance,
 or deductible otherwise required under the policy.
   (H)  This  subparagraph shall apply to crisis stabilization centers in
 this state that are licensed pursuant to section  36.01  of  the  mental
 hygiene  law and participate in the insurer's provider network. Benefits
 for care [in] BY a crisis stabilization center shall not be  subject  to
 preauthorization.  All treatment provided under this subparagraph may be
 reviewed retrospectively.  Where  care  is  denied  retrospectively,  an
 insured  shall not have any financial obligation to the facility for any
 treatment under this subparagraph other than any copayment, coinsurance,
 or deductible otherwise required under the policy.
   § 2. Subparagraphs (G) and (H) of paragraph 5  of  subsection  (l)  of
 section  3221 of the insurance law, subparagraph (G) as added by section
 14 of subpart A of part BB of chapter 57 of the laws of 2019 and subpar-
 agraph (H) as added by section 15 of part AA of chapter 57 of  the  laws
 of 2021, are amended to read as follows:
   (G) This subparagraph shall apply to hospitals AND MEDICALLY-MONITORED
 CRISIS RESIDENTIAL FACILITIES in this state that are licensed, OPERATED,
 OR  OTHERWISE AUTHORIZED by the office of mental health that are partic-
 ipating in the insurer's provider network.  Where  the  policy  provides
 coverage  for  inpatient  hospital care, benefits for inpatient hospital
 care in a hospital as defined by subdivision ten of section 1.03 of  the
 mental  hygiene  law  [provided to individuals who have not attained the
 age of eighteen] AND BENEFITS FOR SUB-ACUTE CARE  IN  A  MEDICALLY-MONI-
 TORED  CRISIS  RESIDENTIAL FACILITY, OPERATED OR OTHERWISE AUTHORIZED BY
 THE OFFICE OF MENTAL HEALTH shall not be  subject  to  preauthorization.
 Coverage  provided  under this subparagraph shall also not be subject to
 concurrent utilization review FOR INDIVIDUALS WHO HAVE NOT ATTAINED  THE
 AGE  OF  EIGHTEEN during the first fourteen days of the inpatient admis-
 sion, provided the facility notifies the insurer of both  the  admission
 and  the  initial  treatment plan within two business days of the admis-
 sion, performs daily clinical  review  of  the  [patient]  INSURED,  and
 participates  in  periodic  consultation with the insurer to ensure that
 the facility is using the  evidence-based  and  peer  reviewed  clinical
 review  criteria utilized by the insurer which is approved by the office
 of mental health and appropriate to the age of the [patient] INSURED  to
 ensure  that the inpatient care is medically necessary for the [patient]
 INSURED. FOR  INDIVIDUALS  WHO  HAVE  ATTAINED  AGE  EIGHTEEN,  COVERAGE
 PROVIDED UNDER THIS SUBPARAGRAPH SHALL ALSO NOT BE SUBJECT TO CONCURRENT
 REVIEW  DURING  THE  FIRST  THIRTY  DAYS OF THE INPATIENT OR RESIDENTIAL
 ADMISSION, PROVIDED THE FACILITY NOTIFIES THE INSURER OF BOTH THE ADMIS-
 SION AND THE INITIAL TREATMENT PLAN WITHIN  TWO  BUSINESS  DAYS  OF  THE
 ADMISSION,  PERFORMS  DAILY  CLINICAL REVIEW OF THE INSURED, AND PARTIC-
 IPATES IN PERIODIC CONSULTATION WITH THE  INSURER  TO  ENSURE  THAT  THE
 FACILITY  IS  USING THE EVIDENCE-BASED AND PEER REVIEWED CLINICAL REVIEW
 CRITERIA UTILIZED BY THE INSURER WHICH IS  APPROVED  BY  THE  OFFICE  OF
 MENTAL  HEALTH AND APPROPRIATE TO THE AGE OF THE INSURED, TO ENSURE THAT
 THE INPATIENT  OR  RESIDENTIAL  CARE  IS  MEDICALLY  NECESSARY  FOR  THE
 INSURED.    HOWEVER, CONCURRENT REVIEW MAY BE PERFORMED DURING THE FIRST
 S. 4007                            538                           A. 3007
 
 THIRTY DAYS IF AN INSURED MEETS  CLINICAL  CRITERIA  DESIGNATED  BY  THE
 OFFICE  OF  MENTAL HEALTH OR WHERE THE INSURED IS ADMITTED TO A HOSPITAL
 OR FACILITY WHICH HAS BEEN DESIGNATED BY THE OFFICE OF MENTAL HEALTH FOR
 CONCURRENT  REVIEW,  IN CONSULTATION WITH THE COMMISSIONER OF HEALTH AND
 THE SUPERINTENDENT. All treatment provided under this  subparagraph  may
 be  reviewed  retrospectively.  Where care is denied retrospectively, an
 insured shall not have any financial obligation to the facility for  any
 treatment under this subparagraph other than any copayment, coinsurance,
 or deductible otherwise required under the policy.
   (H)  This  subparagraph shall apply to crisis stabilization centers in
 this state that are licensed pursuant to section  36.01  of  the  mental
 hygiene  law and participate in the insurer's provider network. Benefits
 for care [in] BY a crisis stabilization center shall not be  subject  to
 preauthorization.  All treatment provided under this subparagraph may be
 reviewed retrospectively.  Where  care  is  denied  retrospectively,  an
 insured  shall not have any financial obligation to the facility for any
 treatment under this subparagraph other than any copayment, coinsurance,
 or deductible otherwise required under the policy.
   § 3. Paragraphs 8 and 9 of subsection  (g)  of  section  4303  of  the
 insurance  law,  paragraph 8 as added by section 23 of subpart A of part
 BB of chapter 57 of the laws of 2019 and paragraph 9 as added by section
 19 of part AA of chapter 57 of the laws of 2021, are amended to read  as
 follows:
   (8)  This  paragraph  shall apply to hospitals AND MEDICALLY-MONITORED
 CRISIS RESIDENTIAL FACILITIES in this state that are licensed,  OPERATED
 OR  OTHERWISE AUTHORIZED by the office of mental health that are partic-
 ipating in  the  corporation's  provider  network.  Where  the  contract
 provides  coverage  for  inpatient hospital care, benefits for inpatient
 hospital care in a hospital as defined by  subdivision  ten  of  section
 1.03  of  the  mental  hygiene law [provided to individuals who have not
 attained the age of eighteen] AND BENEFITS FOR SUB-ACUTE CARE IN A MEDI-
 CALLY-MONITORED  CRISIS  RESIDENTIAL  FACILITY  LICENSED,  OPERATED,  OR
 OTHERWISE AUTHORIZED BY THE OFFICE OF MENTAL HEALTH shall not be subject
 to  preauthorization.  Coverage provided under this paragraph shall also
 not be subject to concurrent utilization review FOR INDIVIDUALS WHO HAVE
 NOT ATTAINED THE AGE OF EIGHTEEN during the first fourteen days  of  the
 inpatient  admission,  provided the facility notifies the corporation of
 both the admission and the initial treatment plan  within  two  business
 days  of  the admission, performs daily clinical review of the [patient]
 INSURED, and participates in periodic consultation with the  corporation
 to  ensure  that  the  facility  is  using  the  evidence-based and peer
 reviewed clinical review criteria utilized by the corporation  which  is
 approved  by  the  office of mental health and appropriate to the age of
 the [patient] INSURED, to ensure that the inpatient  care  is  medically
 necessary  for the [patient] INSURED.  FOR INDIVIDUALS WHO HAVE ATTAINED
 AGE EIGHTEEN, COVERAGE PROVIDED UNDER THIS PARAGRAPH SHALL ALSO  NOT  BE
 SUBJECT  TO  CONCURRENT REVIEW DURING THE FIRST THIRTY DAYS OF THE INPA-
 TIENT OR RESIDENTIAL  ADMISSION,  PROVIDED  THE  FACILITY  NOTIFIES  THE
 CORPORATION  OF BOTH THE ADMISSION AND THE INITIAL TREATMENT PLAN WITHIN
 TWO BUSINESS DAYS OF THE ADMISSION, PERFORMS DAILY  CLINICAL  REVIEW  OF
 THE  INSURED,  AND PARTICIPATES IN PERIODIC CONSULTATION WITH THE CORPO-
 RATION TO ENSURE THAT THE FACILITY IS USING THE EVIDENCE-BASED AND  PEER
 REVIEWED  CLINICAL  REVIEW CRITERIA UTILIZED BY THE CORPORATION WHICH IS
 APPROVED BY THE OFFICE OF MENTAL HEALTH AND APPROPRIATE TO  THE  AGE  OF
 THE  INSURED,  TO  ENSURE  THAT  THE  INPATIENT  OR  RESIDENTIAL CARE IS
 MEDICALLY NECESSARY FOR THE INSURED.  HOWEVER, CONCURRENT REVIEW MAY  BE
 S. 4007                            539                           A. 3007
 
 PERFORMED  DURING  THE  FIRST  THIRTY  DAYS IF AN INSURED MEETS CLINICAL
 CRITERIA DESIGNATED BY THE OFFICE OF MENTAL HEALTH OR WHERE THE  INSURED
 IS  ADMITTED  TO A HOSPITAL OR FACILITY WHICH HAS BEEN DESIGNATED BY THE
 OFFICE  OF MENTAL HEALTH FOR CONCURRENT REVIEW, IN CONSULTATION WITH THE
 COMMISSIONER OF HEALTH AND THE SUPERINTENDENT.  All  treatment  provided
 under  this  paragraph  may  be  reviewed retrospectively. Where care is
 denied retrospectively, an insured shall not have  any  financial  obli-
 gation to the facility for any treatment under this paragraph other than
 any  copayment,  coinsurance, or deductible otherwise required under the
 contract.
   (9) This paragraph shall apply to crisis stabilization centers in this
 state that are licensed pursuant to section 36.01 of the mental  hygiene
 law  and participate in the corporation's provider network. Benefits for
 care [in] BY a crisis stabilization  center  shall  not  be  subject  to
 preauthorization.  All  treatment  provided  under this paragraph may be
 reviewed retrospectively.  Where  care  is  denied  retrospectively,  an
 insured  shall not have any financial obligation to the facility for any
 treatment under this paragraph other than any copayment, coinsurance, or
 deductible otherwise required under the contract.
   § 4. Paragraph 12 of subsection (a) of section 4902 of  the  insurance
 law, as added by section 38 of subpart A of part BB of chapter 57 of the
 laws of 2019, is amended to read as follows:
   (12)  When  conducting  utilization review for purposes of determining
 health care coverage for a mental health condition, a utilization review
 agent shall utilize evidence-based and  peer  reviewed  clinical  review
 criteria  that is appropriate to the age of the patient. The utilization
 review agent shall  use  CLINICAL  REVIEW  CRITERIA  DESIGNATED  BY  THE
 COMMISSIONER  OF  THE OFFICE OF MENTAL HEALTH FOR LEVEL OF CARE DETERMI-
 NATIONS, IN CONSULTATION WITH THE  SUPERINTENDENT  AND  COMMISSIONER  OF
 HEALTH.    FOR COVERAGE DETERMINATIONS OUTSIDE THE SCOPE OF THE CRITERIA
 DESIGNATED FOR LEVEL OF  CARE  DETERMINATIONS,  THE  UTILIZATION  REVIEW
 AGENT SHALL USE clinical review criteria deemed appropriate and approved
 for  such  use  by  the  commissioner of the office of mental health, in
 consultation with the commissioner of  health  and  the  superintendent.
 Approved  clinical  review  criteria  shall have inter rater reliability
 testing completed [by  December  thirty-first,  two  thousand  nineteen]
 PRIOR TO IMPLEMENTATION.
   §  5.  Paragraph  (j)  of  subdivision 1 of section 4902 of the public
 health law, as added by section 43 of subpart A of part BB of chapter 57
 of the laws of 2019, is amended to read as follows:
   (j) When conducting utilization review  for  purposes  of  determining
 health care coverage for a mental health condition, a utilization review
 agent  shall  utilize  evidence-based  and peer reviewed clinical review
 criteria that is appropriate to the age of the patient. The  utilization
 review  agent  shall  use  CLINICAL  REVIEW  CRITERIA  DESIGNATED BY THE
 COMMISSIONER OF THE OFFICE OF MENTAL HEALTH FOR LEVEL OF  CARE  DETERMI-
 NATIONS, IN CONSULTATION WITH THE COMMISSIONER AND THE SUPERINTENDENT OF
 FINANCIAL  SERVICES.    FOR COVERAGE DETERMINATIONS OUTSIDE THE SCOPE OF
 THE CRITERIA DESIGNATED FOR LEVEL OF CARE DETERMINATIONS,  THE  UTILIZA-
 TION  REVIEW AGENT SHALL USE clinical review criteria deemed appropriate
 and approved for such use by the commissioner of the  office  of  mental
 health,  in consultation with the commissioner and the superintendent of
 financial services. Approved clinical review criteria shall  have  inter
 rater reliability testing completed [by December thirty-first, two thou-
 sand nineteen] PRIOR TO IMPLEMENTATION.
 S. 4007                            540                           A. 3007
 
   §  6. This act shall take effect one year after it shall have become a
 law. Effective immediately, the addition, amendment and/or repeal of any
 rule or regulation necessary for the implementation of this act  on  its
 effective date are authorized to be made and completed on or before such
 effective date.
 
                                 SUBPART C
 
   Section  1.  Paragraph  2  of  subsection (a) of section 3217-h of the
 insurance law, as added by section 3 of part V of chapter 57 of the laws
 of 2022, is amended to read as follows:
   (2) An insurer that  provides  comprehensive  coverage  for  hospital,
 medical  or  surgical care shall reimburse covered services delivered by
 means of telehealth on the same basis, at the same rate, and to the same
 extent that such services  are  reimbursed  when  delivered  in  person;
 provided that reimbursement of covered services delivered via telehealth
 shall  not  require  reimbursement of costs not actually incurred in the
 provision of the telehealth services, including charges related  to  the
 use  of a clinic or other facility when neither the originating site nor
 distant site occur within the clinic or other facility.  NOTWITHSTANDING
 THE  PROVISIONS  OF  THIS  PARAGRAPH,  SERVICES  PROVIDED  BY FACILITIES
 LICENSED, CERTIFIED OR OTHERWISE AUTHORIZED PURSUANT TO ARTICLE SIXTEEN,
 THIRTY-ONE, THIRTY-TWO OR THIRTY-SIX OF  THE  MENTAL  HYGIENE  LAW,  AND
 DEEMED  APPROPRIATE  TO BE PROVIDED BY TELEHEALTH BY THE COMMISSIONER OF
 THE OFFICE FOR PEOPLE WITH DEVELOPMENTAL  DISABILITIES,  THE  OFFICE  OF
 MENTAL  HEALTH,  OR  THE  OFFICE  OF ADDICTION SERVICES AND SUPPORTS, AS
 APPLICABLE, SHALL BE REIMBURSED AT THE SAME RATE AS IS  REIMBURSED  WHEN
 DELIVERED IN PERSON.
   §  2. Paragraph 2 of subsection (a) of section 4306-g of the insurance
 law, as added by section 4 of part V of chapter 57 of the laws of  2022,
 is amended to read as follows:
   (2)  A  corporation that provides comprehensive coverage for hospital,
 medical or surgical care shall reimburse covered services  delivered  by
 means of telehealth on the same basis, at the same rate, and to the same
 extent  that  such  services  are  reimbursed  when delivered in person;
 provided that reimbursement of covered services delivered via telehealth
 shall not require reimbursement of costs not actually  incurred  in  the
 provision  of  the telehealth services, including charges related to the
 use of a clinic or other facility when neither the originating site  nor
 the  distant  site occur within the clinic or other facility. The super-
 intendent may promulgate regulations to implement the provisions of this
 section. NOTWITHSTANDING THE  PROVISIONS  OF  THIS  PARAGRAPH,  SERVICES
 PROVIDED  BY  FACILITIES  LICENSED,  CERTIFIED  OR  OTHERWISE AUTHORIZED
 PURSUANT TO ARTICLE SIXTEEN, THIRTY-ONE, THIRTY-TWO OR THIRTY-SIX OF THE
 MENTAL HYGIENE LAW, AND DEEMED APPROPRIATE TO BE PROVIDED BY  TELEHEALTH
 BY THE COMMISSIONER OF THE OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISABIL-
 ITIES,  THE OFFICE OF MENTAL HEALTH, OR THE OFFICE OF ADDICTION SERVICES
 AND SUPPORTS, AS APPLICABLE, SHALL BE REIMBURSED AT THE SAME RATE AS  IS
 REIMBURSED WHEN DELIVERED IN PERSON.
   §  3.  Subdivision  3  of  section 4406-g of the public health law, as
 added by section 5 of part V of chapter 57  of  the  laws  of  2022,  is
 amended to read as follows:
   3.  A  health  maintenance  organization  that  provides comprehensive
 coverage for hospital, medical or surgical care shall reimburse  covered
 services  delivered  via telehealth on the same basis, at the same rate,
 and to the extent that such services are reimbursed  when  delivered  in
 S. 4007                            541                           A. 3007
 
 person;  provided  that  reimbursement  of covered services delivered by
 means of telehealth shall not require reimbursement of costs not actual-
 ly incurred in the  provision  of  the  telehealth  services,  including
 charges  related  to  the use of a clinic or other facility when neither
 the originating site nor the distant site occur  within  the  clinic  or
 other  facility.  The commissioner, in consultation with the superinten-
 dent, may promulgate regulations to implement  the  provisions  of  this
 section.  NOTWITHSTANDING  THE  PROVISIONS OF THIS SUBDIVISION, SERVICES
 PROVIDED BY  FACILITIES  LICENSED,  CERTIFIED  OR  OTHERWISE  AUTHORIZED
 PURSUANT TO ARTICLE SIXTEEN, THIRTY-ONE, THIRTY-TWO OR THIRTY-SIX OF THE
 MENTAL  HYGIENE LAW, AND DEEMED APPROPRIATE TO BE PROVIDED BY TELEHEALTH
 BY THE COMMISSIONER OF THE OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISABIL-
 ITIES, THE OFFICE OF MENTAL HEALTH, OR THE OFFICE OF ADDICTION  SERVICES
 AND  SUPPORTS, AS APPLICABLE, SHALL BE REIMBURSED AT THE SAME RATE AS IS
 REIMBURSED WHEN DELIVERED IN PERSON.
   § 4. This act shall take effect immediately, and shall apply to claims
 submitted on or after such date; provided that:
   (a) the amendments made to subsection (a) of  section  3217-h  of  the
 insurance law made by section one of this act shall not affect the expi-
 ration  and  reversion  of such subsection and shall be deemed to expire
 therewith;
   (b) the amendments made to subsection (a) of  section  4306-g  of  the
 insurance law made by section two of this act shall not affect the expi-
 ration  and  reversion  of such subsection and shall be deemed to expire
 therewith; and
   (c) the amendments made to subdivision 3  of  section  4406-g  of  the
 public health law made by section three of this act shall not affect the
 repeal of such subdivision and shall be deemed repealed therewith.

                                 SUBPART D
 
   Section 1. Section 109 of the insurance law is amended by adding a new
 subsection (e) to read as follows:
   (E)  IN  ADDITION TO ANY RIGHT OF ACTION GRANTED TO THE SUPERINTENDENT
 PURSUANT TO THIS SECTION, ANY PERSON WHO HAS BEEN INJURED BY REASON OF A
 VIOLATION OF PARAGRAPH THIRTY, THIRTY-ONE, THIRTY-ONE-A  OR  THIRTY-FIVE
 OF SUBSECTION (I) OF SECTION THIRTY-TWO HUNDRED SIXTEEN, PARAGRAPH FIVE,
 SIX,  SEVEN,  SEVEN-A OR SEVEN-B OF SUBSECTION (L) OF SECTION THIRTY-TWO
 HUNDRED TWENTY-ONE, OR SUBSECTION (G),  (K),  (L),  (L-1)  OR  (L-2)  OF
 SECTION  FORTY-THREE HUNDRED THREE OF THIS CHAPTER BY AN INSURER, CORPO-
 RATION, OR HEALTH MAINTENANCE ORGANIZATION SUBJECT TO ARTICLE THIRTY-TWO
 OR FORTY-THREE OF THIS CHAPTER MAY BRING AN ACTION IN THE  PERSON'S  OWN
 NAME  TO  RECOVER  THE  PERSON'S ACTUAL DAMAGES OR ONE THOUSAND DOLLARS,
 WHICHEVER IS GREATER; PROVIDED, HOWEVER, THAT  THE  PROVISIONS  OF  THIS
 SUBSECTION  SHALL  NOT  APPLY TO ANY HEALTH PLAN THAT EXCLUSIVELY SERVES
 INDIVIDUALS ENROLLED PURSUANT TO A FEDERAL OR STATE  INSURANCE  AFFORDA-
 BILITY  PROGRAM  AS  DEFINED IN SECTION TWO HUNDRED SIXTY-EIGHT-A OF THE
 PUBLIC HEALTH LAW, THE MEDICAL ASSISTANCE PROGRAM UNDER TITLE ELEVEN  OF
 ARTICLE  FIVE  OF THE SOCIAL SERVICES LAW, CHILD HEALTH PLUS UNDER TITLE
 ONE-A OF ARTICLE TWENTY-FIVE OF THE PUBLIC HEALTH LAW, THE BASIC  HEALTH
 PROGRAM UNDER SECTION THREE HUNDRED SIXTY-NINE-GG OF THE SOCIAL SERVICES
 LAW,  OR  A  PLAN  PROVIDING  SERVICES  UNDER TITLE XVIII OF THE FEDERAL
 SOCIAL SECURITY ACT.  THE  COURT  MAY,  IN  ITS  DISCRETION,  AWARD  THE
 PREVAILING  PLAINTIFF  IN  SUCH ACTION AN ADDITIONAL AWARD NOT TO EXCEED
 FIVE THOUSAND DOLLARS IF THE COURT FINDS A WILLFUL VIOLATION PURSUANT TO
 S. 4007                            542                           A. 3007
 
 THIS SUBSECTION. THE COURT MAY AWARD REASONABLE  ATTORNEYS'  FEES  TO  A
 PREVAILING PLAINTIFF.
   § 2. This act shall take effect immediately.
 
                                 SUBPART E
 
   Section  1.  Subparagraph  (A)  of paragraph 31-a of subsection (i) of
 section 3216 of the insurance law, as added by chapter 748 of  the  laws
 of 2019, is amended to read as follows:
   (A)  No policy that provides medical, major medical or similar compre-
 hensive-type coverage and provides coverage for prescription  drugs  for
 medication  for  the treatment of a substance use disorder shall require
 prior authorization for an  initial  or  renewal  prescription  for  THE
 DETOXIFICATION  OR  MAINTENANCE  TREATMENT  OF A SUBSTANCE USE DISORDER,
 INCLUDING  all  buprenorphine  products,  methadone  [or],  long  acting
 injectable  naltrexone [for detoxification or maintenance treatment of a
 substance use disorder], OR  MEDICATION  FOR  OPIOID  OVERDOSE  REVERSAL
 PRESCRIBED  OR  DISPENSED  TO  AN  INDIVIDUAL  COVERED UNDER THE POLICY,
 INCLUDING FEDERAL FOOD AND DRUG ADMINISTRATION-APPROVED OVER-THE-COUNTER
 OPIOID OVERDOSE REVERSAL  MEDICATION  AS  PRESCRIBED,  DISPENSED  OR  AS
 OTHERWISE  AUTHORIZED UNDER STATE OR FEDERAL LAW, except where otherwise
 prohibited by law.
   § 2. Subparagraph (A) of paragraph 7-a of subsection  (l)  of  section
 3221  of the insurance law, as added by chapter 748 of the laws of 2019,
 is amended to read as follows:
   (A) NO POLICY THAT PROVIDES MEDICAL, MAJOR MEDICAL OR SIMILAR  COMPRE-
 HENSIVE-TYPE SMALL GROUP COVERAGE AND PROVIDES COVERAGE FOR PRESCRIPTION
 DRUGS FOR MEDICATION FOR THE TREATMENT OF A SUBSTANCE USE DISORDER SHALL
 REQUIRE  PRIOR  AUTHORIZATION FOR AN INITIAL OR RENEWAL PRESCRIPTION FOR
 THE DETOXIFICATION OR MAINTENANCE TREATMENT OF A SUBSTANCE USE DISORDER,
 INCLUDING ALL BUPRENORPHINE PRODUCTS, METHADONE, LONG ACTING  INJECTABLE
 NALTREXONE,  OR  MEDICATION  FOR  OPIOID OVERDOSE REVERSAL PRESCRIBED OR
 DISPENSED TO AN INDIVIDUAL COVERED UNDER THE POLICY,  INCLUDING  FEDERAL
 FOOD  AND  DRUG ADMINISTRATION-APPROVED OVER-THE-COUNTER OPIOID OVERDOSE
 REVERSAL MEDICATION AS PRESCRIBED, DISPENSED OR AS OTHERWISE  AUTHORIZED
 UNDER  STATE  OR  FEDERAL LAW, EXCEPT WHERE OTHERWISE PROHIBITED BY LAW.
 Every policy that provides medical, major medical or similar  comprehen-
 sive-type  large  group coverage shall provide COVERAGE FOR PRESCRIPTION
 DRUGS FOR MEDICATION FOR THE TREATMENT OF A SUBSTANCE USE  DISORDER  AND
 SHALL  PROVIDE immediate coverage for all buprenorphine products, metha-
 done [or], long acting injectable naltrexone, OR MEDICATION  FOR  OPIOID
 OVERDOSE REVERSAL PRESCRIBED OR DISPENSED TO AN INDIVIDUAL COVERED UNDER
 THE  POLICY,  INCLUDING  FEDERAL  FOOD  AND DRUG ADMINISTRATION-APPROVED
 OVER-THE-COUNTER OPIOID  OVERDOSE  REVERSAL  MEDICATION  AS  PRESCRIBED,
 DISPENSED OR AS OTHERWISE AUTHORIZED UNDER STATE OR FEDERAL LAW, without
 prior authorization for the detoxification or maintenance treatment of a
 substance use disorder, EXCEPT WHERE OTHERWISE PROHIBITED BY LAW.
   §  3.  Paragraph (A) of subsection (l-1) of section 4303 of the insur-
 ance law, as added by chapter 748 of the laws of  2019,  is  amended  to
 read as follows:
   (A)  NO  CONTRACT  THAT  PROVIDES  MEDICAL,  MAJOR  MEDICAL OR SIMILAR
 COMPREHENSIVE-TYPE INDIVIDUAL  OR  SMALL  GROUP  COVERAGE  AND  PROVIDES
 COVERAGE  FOR  PRESCRIPTION  DRUGS FOR MEDICATION FOR THE TREATMENT OF A
 SUBSTANCE USE DISORDER SHALL REQUIRE PRIOR AUTHORIZATION FOR AN  INITIAL
 OR  RENEWAL PRESCRIPTION FOR THE DETOXIFICATION OR MAINTENANCE TREATMENT
 OF A SUBSTANCE  USE  DISORDER,  INCLUDING  ALL  BUPRENORPHINE  PRODUCTS,
 S. 4007                            543                           A. 3007
 
 METHADONE,  LONG  ACTING INJECTABLE NALTREXONE, OR MEDICATION FOR OPIOID
 OVERDOSE REVERSAL PRESCRIBED OR DISPENSED TO AN INDIVIDUAL COVERED UNDER
 THE CONTRACT, INCLUDING FEDERAL FOOD  AND  DRUG  ADMINISTRATION-APPROVED
 OVER-THE-COUNTER  OPIOID  OVERDOSE  REVERSAL  MEDICATION  AS PRESCRIBED,
 DISPENSED OR AS OTHERWISE AUTHORIZED UNDER STATE OR FEDERAL LAW,  EXCEPT
 WHERE OTHERWISE PROHIBITED BY LAW. Every contract that provides medical,
 major  medical, or similar comprehensive-type large group coverage shall
 provide COVERAGE FOR PRESCRIPTION DRUGS FOR MEDICATION FOR THE TREATMENT
 OF A SUBSTANCE USE DISORDER AND SHALL PROVIDE immediate coverage for all
 buprenorphine products, methadone [or], long acting injectable  naltrex-
 one,  OR MEDICATION FOR OPIOID OVERDOSE REVERSAL PRESCRIBED OR DISPENSED
 TO AN INDIVIDUAL COVERED UNDER THE CONTRACT, INCLUDING FEDERAL FOOD  AND
 DRUG  ADMINISTRATION-APPROVED  OVER-THE-COUNTER OPIOID OVERDOSE REVERSAL
 MEDICATION AS PRESCRIBED, DISPENSED OR  AS  OTHERWISE  AUTHORIZED  UNDER
 STATE OR FEDERAL LAW, without prior authorization for the detoxification
 or  maintenance  treatment  of  a  substance  use disorder, EXCEPT WHERE
 OTHERWISE PROHIBITED BY LAW.
 
                                 SUBPART F
 
   Section 1. Subsection (a) of 3241 of the insurance law,  as  added  by
 section  6  of  part  H of chapter 60 of the laws of 2014, is amended to
 read as follows:
   (a) (1) An  insurer,  a  corporation  organized  pursuant  to  article
 forty-three of this chapter, a municipal cooperative health benefit plan
 certified  pursuant to article forty-seven of this chapter, or a student
 health plan established or maintained pursuant to section  one  thousand
 one  hundred twenty-four of this chapter, that issues a health insurance
 policy or contract with a network of health care providers shall  ensure
 that  the  network  is adequate to meet the health needs of insureds and
 provide an appropriate choice of  providers  sufficient  to  render  the
 services covered under the policy or contract.  The superintendent shall
 review  the network of health care providers for adequacy at the time of
 the superintendent's initial approval of a health  insurance  policy  or
 contract;  at  least  every three years thereafter; and upon application
 for expansion of any service area associated with the policy or contract
 in conformance with the standards  set  forth  in  subdivision  five  of
 section  four  thousand  four hundred three of the public health law. To
 the extent that the network has been determined by the  commissioner  of
 health  to  meet  the standards set forth in subdivision five of section
 four thousand four hundred three of the public health law, such  network
 shall be deemed adequate by the superintendent.
   (2)  THE  SUPERINTENDENT,  IN  CONSULTATION  WITH  THE COMMISSIONER OF
 HEALTH, THE COMMISSIONER OF THE OFFICE OF MENTAL HEALTH, AND THE COMMIS-
 SIONER OF THE OFFICE OF ADDICTION SERVICES AND SUPPORTS,  SHALL  PROMUL-
 GATE REGULATIONS SETTING FORTH STANDARDS FOR NETWORK ADEQUACY FOR MENTAL
 HEALTH  AND  SUBSTANCE  USE  DISORDER  TREATMENT.  SUCH  STANDARDS SHALL
 INCLUDE:
   (A) REQUIREMENTS THAT ENSURE THAT INSUREDS HAVE TIMELY  AND  PROXIMATE
 ACCESS  TO  TREATMENT  FOR  MENTAL  HEALTH  CONDITIONS AND SUBSTANCE USE
 DISORDERS;
   (B) APPOINTMENT AVAILABILITY STANDARDS  THAT  INCLUDE  TIMEFRAMES  FOR
 INITIAL  PROVIDER VISITS, FOLLOW-UP PROVIDER VISITS, AND PROVIDER VISITS
 FOLLOWING DISCHARGE FROM A HOSPITAL AS DEFINED  BY  SUBDIVISION  TEN  OF
 SECTION  1.03 OF THE MENTAL HYGIENE LAW OR THE EMERGENCY DEPARTMENT OF A
 S. 4007                            544                           A. 3007
 
 HOSPITAL LICENSED PURSUANT TO ARTICLE TWENTY-EIGHT OF THE PUBLIC  HEALTH
 LAW;
   (C)  TIME  AND DISTANCE STANDARDS THAT TAKE INTO CONSIDERATION REASON-
 ABLE PROXIMITY TO THE INSURED'S RESIDENCE, ESTABLISHED SERVICE  DELIVERY
 PATTERNS  FOR  THE  AREA,  THE  GEOGRAPHIC AREA, AND THE AVAILABILITY OF
 TELEHEALTH SERVICES; AND
   (D) RESPONSIBILITIES OF AN INSURER TO PROVIDE AN OUT-OF-NETWORK REFER-
 RAL AT THE  IN-NETWORK  COST-SHARING  WHEN  THERE  IS  NO  PARTICIPATING
 PROVIDER  ABLE  TO  PROVIDE THE REQUESTED HEALTH CARE SERVICE WITHIN THE
 TIMELY AND PROXIMATE ACCESS STANDARDS ESTABLISHED BY  REGULATION  AND  A
 NON-PARTICIPATING  PROVIDER  IS  ABLE TO MEET SUCH STANDARDS; AND, WHERE
 THE NON-PARTICIPATING PROVIDER IS  A  FACILITY  LICENSED,  OPERATED,  OR
 OTHERWISE  AUTHORIZED  BY  THE  OFFICE OF MENTAL HEALTH OR THE OFFICE OF
 ADDICTION SERVICES AND SUPPORTS, THE INSURER SHALL REIMBURSE THE FACILI-
 TY AT A RATE NEGOTIATED BETWEEN THE INSURER  AND  FACILITY,  OR  IN  THE
 ABSENCE OF A NEGOTIATED RATE, AN AMOUNT NO LESS THAN THE RATE THAT WOULD
 BE  PAID  FOR  SUCH  SERVICES PURSUANT TO THE MEDICAL ASSISTANCE PROGRAM
 UNDER TITLE ELEVEN OF ARTICLE FIVE OF THE SOCIAL SERVICES LAW.
   § 2. Subdivision 5 of section 4403 of the public health law is amended
 by adding a new paragraph (d) to read as follows:
   (D) THE COMMISSIONER,  IN  CONSULTATION  WITH  THE  SUPERINTENDENT  OF
 FINANCIAL SERVICES, THE COMMISSIONER OF THE OFFICE OF MENTAL HEALTH, AND
 THE COMMISSIONER OF THE OFFICE OF ADDICTION SERVICES AND SUPPORTS, SHALL
 PROMULGATE  REGULATIONS SETTING FORTH STANDARDS FOR NETWORK ADEQUACY FOR
 MENTAL HEALTH AND SUBSTANCE USE  DISORDER  TREATMENT.    SUCH  STANDARDS
 SHALL INCLUDE:
   (I)  REQUIREMENTS THAT ENSURE THAT ENROLLEES HAVE TIMELY AND PROXIMATE
 ACCESS TO TREATMENT FOR  MENTAL  HEALTH  CONDITIONS  AND  SUBSTANCE  USE
 DISORDERS;
   (II)  APPOINTMENT  AVAILABILITY  STANDARDS THAT INCLUDE TIMEFRAMES FOR
 INITIAL PROVIDER VISITS, FOLLOW-UP PROVIDER VISITS, AND PROVIDER  VISITS
 FOLLOWING  DISCHARGE  FROM  A  HOSPITAL AS DEFINED BY SUBDIVISION TEN OF
 SECTION 1.03 OF THE MENTAL HYGIENE LAW OR THE EMERGENCY DEPARTMENT OF  A
 HOSPITAL  LICENSED PURSUANT TO ARTICLE TWENTY-EIGHT OF THE PUBLIC HEALTH
 LAW;
   (III) TIME AND DISTANCE STANDARDS THAT TAKE INTO CONSIDERATION REASON-
 ABLE PROXIMITY TO THE ENROLLEE'S RESIDENCE, ESTABLISHED SERVICE DELIVERY
 PATTERNS FOR THE AREA, THE GEOGRAPHIC  AREA,  AND  THE  AVAILABILITY  OF
 TELEHEALTH SERVICES; AND
   (IV)  RESPONSIBILITIES OF AN ORGANIZATION TO PROVIDE AN OUT-OF-NETWORK
 REFERRAL AT THE IN-NETWORK COST-SHARING WHEN THERE IS  NO  PARTICIPATING
 PROVIDER  ABLE  TO  PROVIDE THE REQUESTED HEALTH CARE SERVICE WITHIN THE
 TIMELY AND PROXIMATE ACCESS STANDARDS ESTABLISHED BY  REGULATION  AND  A
 NON-PARTICIPATING  PROVIDER  IS  ABLE TO MEET SUCH STANDARDS; AND, WHERE
 THE NON-PARTICIPATING PROVIDER IS  A  FACILITY  LICENSED,  OPERATED,  OR
 OTHERWISE  AUTHORIZED  BY  THE  OFFICE OF MENTAL HEALTH OR THE OFFICE OF
 ADDICTION SERVICES AND SUPPORTS, THE ORGANIZATION  SHALL  REIMBURSE  THE
 FACILITY  AT A RATE NEGOTIATED BETWEEN THE ORGANIZATION AND FACILITY OR,
 IN THE ABSENCE OF A NEGOTIATED RATE, AN AMOUNT NO  LESS  THAN  THE  RATE
 THAT  WOULD BE PAID FOR SUCH SERVICES PURSUANT TO THE MEDICAL ASSISTANCE
 PROGRAM UNDER TITLE ELEVEN OF ARTICLE FIVE OF THE SOCIAL SERVICES LAW.
   § 3. This act shall take effect immediately.
   § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
 sion, section or subpart of this act shall be adjudged by any  court  of
 competent  jurisdiction  to  be invalid, such judgment shall not affect,
 impair, or invalidate the remainder thereof, but shall  be  confined  in
 S. 4007                            545                           A. 3007
 
 its  operation  to the clause, sentence, paragraph, subdivision, section
 or subpart thereof directly involved in the controversy  in  which  such
 judgment  shall  have  been  rendered.  It  is hereby declared to be the
 intent  of the legislature that this act would have been enacted even if
 such invalid provisions had not been included herein.
   § 3. This act shall take effect immediately, provided,  however,  that
 the  applicable effective date of Subparts A through F of this act shall
 be as specifically set forth in the last section of such Subparts.
 
                                  PART JJ
 
   Section 1. Subdivision (g) of section 31.16 of the mental hygiene law,
 as amended by chapter 351 of the laws of 1994, is  amended  to  read  as
 follows:
   (g) The commissioner may impose [a fine] SANCTIONS upon a finding that
 the holder of the certificate has failed to comply with the terms of the
 operating  certificate or with the provisions of any applicable statute,
 rule or regulation. THE COMMISSIONER SHALL BE AUTHORIZED  TO  DEVELOP  A
 SCHEDULE  FOR THE PURPOSE OF IMPOSING SUCH SANCTIONS. The maximum amount
 of [such] ANY fine IMPOSED THEREUNDER shall not exceed [one]  TWO  thou-
 sand  dollars  per  day  [or  fifteen  thousand dollars], per violation.
 PENALTIES MAY BE CONSIDERED AT THE INDIVIDUAL BED LEVEL FOR BEDS  CLOSED
 WITHOUT AUTHORIZATION AT INPATIENT SETTINGS.
   Such penalty may be recovered by an action brought by the commissioner
 in any court of competent jurisdiction.
   Such penalty may be released or compromised by the commissioner before
 the  matter  has been referred to the attorney general. Any such penalty
 may be released or compromised and any action commenced to  recover  the
 same  may  be  settled  or discontinued by the attorney general with the
 consent of the commissioner.
   § 2. This act shall take effect immediately.
   § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
 sion, section or part of this act shall be  adjudged  by  any  court  of
 competent  jurisdiction  to  be invalid, such judgment shall not affect,
 impair, or invalidate the remainder thereof, but shall  be  confined  in
 its  operation  to the clause, sentence, paragraph, subdivision, section
 or part thereof directly involved in the controversy in which such judg-
 ment shall have been rendered. It is hereby declared to be the intent of
 the legislature that this act would  have  been  enacted  even  if  such
 invalid provisions had not been included herein.
   §  3.  This  act shall take effect immediately provided, however, that
 the applicable effective date of Parts A through JJ of this act shall be
 as specifically set forth in the last section of such Parts.

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
     S. 4007--A                                            A. 3007--A
 
                       S E N A T E - A S S E M B L Y
 
                             February 1, 2023
                                ___________
 
 IN  SENATE -- A BUDGET BILL, submitted by the Governor pursuant to arti-
   cle seven of the Constitution -- read twice and ordered  printed,  and
   when  printed to be committed to the Committee on Finance -- committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 IN ASSEMBLY -- A BUDGET BILL, submitted  by  the  Governor  pursuant  to
   article  seven  of  the  Constitution -- read once and referred to the
   Committee on Ways and Means --  committee  discharged,  bill  amended,
   ordered reprinted as amended and recommitted to said committee
 
 AN  ACT  to amend part H of chapter 59 of the laws of 2011, amending the
   public  health  law  and  other  laws  relating  to  general  hospital
   reimbursement  for  annual  rates,  in relation to known and projected
   department of health state fund medicaid  expenditures  (Part  A);  to
   amend chapter 451 of the laws of 2007, amending the public health law,
   the  social  services  law and the insurance law relating to providing
   enhanced consumer and provider protections, in relation to the  effec-
   tiveness  of  certain  provisions relating to contracts between plans,
   insurers, or corporations and hospitals; to amend part C of chapter 58
   of the laws of 2007, amending the social services law and  other  laws
   relating  to adjustments of rates, in relation to the effectiveness of
   certain provisions relating to the amount  of  income  to  be  applied
   toward the cost of medical care, services and supplies of institution-
   alized spouses; to amend chapter 906 of the laws of 1984, amending the
   social services law relating to expanding medical assistance eligibil-
   ity  and the scope of services available to certain persons with disa-
   bilities, in relation to  the  effectiveness  thereof;  to  amend  the
   social  services  law,  in relation to the age of eligibility for home
   and community-based services waivers; to amend chapter 313 of the laws
   of 2018, amending the public health law relating to body imaging scan-
   ning equipment, in relation to the  effectiveness  thereof;  to  amend
   chapter 426 of the laws of 1983, amending the public health law relat-
   ing  to professional misconduct proceedings, in relation to the effec-
   tiveness of certain provisions thereof; to amend chapter  582  of  the
   laws  of  1984,  amending the public health law relating to regulating
   activities of physicians, in relation to the effectiveness of  certain
   provisions  thereof;  to  amend  the public health law, in relation to
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD12571-02-3
 S. 4007--A                          2                         A. 3007--A
 
   extending the demonstration period in certain physician committees; to
   amend chapter 505 of the laws of 1995, amending the public health  law
   relating  to  the  operation  of  department  of health facilities, in
   relation to the effectiveness thereof; to amend the public health law,
   in  relation to reimbursement rate promulgation for residential health
   care facilities; to amend the public health law, in relation to certi-
   fied home health agency services payments; to amend chapter 19 of  the
   laws  of  1998,  amending the social services law relating to limiting
   the method of payment for prescription drugs under the medical assist-
   ance program, in relation to the effectiveness thereof; to  amend  the
   public  health  law,  in  relation  to  continuing  nursing home upper
   payment limit payments; to amend chapter 904  of  the  laws  of  1984,
   amending the public health law and the social services law relating to
   encouraging  comprehensive  health services, in relation to the effec-
   tiveness thereof; to amend part X2 of chapter 62 of the laws of  2003,
   amending  the  public  health  law relating to allowing for the use of
   funds of the office of professional medical conduct for activities  of
   the patient health information and quality improvement act of 2000, in
   relation  to  the  effectiveness  of  certain  provisions  relating to
   increasing information available to patients; to amend part H of chap-
   ter 59 of the laws of 2011, amending the public health law relating to
   the statewide health information network of New York and the statewide
   planning and  research  cooperative  system  and  general  powers  and
   duties,  in  relation to making certain provisions permanent; to amend
   part A of chapter 58 of the laws of 2008, amending the elder  law  and
   other laws relating to reimbursement to participating provider pharma-
   cies  and  prescription  drug  coverage,  in relation to extending the
   expiration of certain provisions thereof; to amend chapter 474 of  the
   laws  of  1996,  amending the education law and other laws relating to
   rates for residential health care facilities, in relation to extending
   the effectiveness of certain provisions thereof;  to amend chapter  81
   of  the  laws  of  1995, amending the public health law and other laws
   relating to medical reimbursement and welfare reform, in  relation  to
   extending  the  effectiveness  of certain provisions thereof; to amend
   the social services law, in relation to the effectiveness  of  certain
   provisions relating to negotiation of supplemental rebates relating to
   medication  assisted  treatment;  to amend part B of chapter 57 of the
   laws of 2015, amending the social services law and other laws relating
   to supplemental rebates, in relation to the effectiveness thereof;  to
   amend  part  KK of chapter 56 of the laws of 2020, amending the public
   health law relating to the designation of statewide  general  hospital
   quality  and sole community pools and the reduction of capital related
   inpatient expenses, in relation to the effectiveness thereof; to amend
   part C of chapter 60 of the laws of 2014, amending the social services
   law relating to fair hearings within the Fully Integrated Duals Advan-
   tage program, in relation to the effectiveness thereof; to amend chap-
   ter 779 of the laws of 1986, amending the social services law relating
   to authorizing services for non-residents in adult  homes,  residences
   for adults and enriched housing programs, in relation to extending the
   effectiveness  of  certain provisions thereof; to amend chapter 884 of
   the laws of 1990, amending the public health law relating to authoriz-
   ing bad debt and charity care allowances  for  certified  home  health
   agencies,  in  relation  to extending the provisions thereof; to amend
   chapter 81 of the laws of 1995, amending the  public  health  law  and
   other  laws  relating  to medical reimbursement and welfare reform, in
   relation to the effectiveness thereof; to amend part A of  chapter  56
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   of  the laws of 2013, amending chapter 59 of the laws of 2011 amending
   the public health law and other  laws  relating  to  general  hospital
   reimbursement  for  annual  rates, in relation to extending government
   rates  for behavioral services and adding an alternative payment meth-
   odology requirement; and to amend the public health law,  in  relation
   to  residential health care facility assessments; and to amend part MM
   of chapter 57 of the laws of  2021  amending  the  public  health  law
   relating  to  aiding  in the transition to adulthood for children with
   medical  fragility  living  in  pediatric  nursing  homes  and   other
   settings,  in relation to the effectiveness thereof (Part B); to amend
   part A3 of chapter 62 of the laws of 2003 amending the  general  busi-
   ness  law  and other laws relating to enacting major components neces-
   sary to implement the state fiscal plan for the 2003-04  state  fiscal
   year,  in relation to extending the effectiveness of provisions there-
   of; to amend the New York Health Care Reform Act of 1996, in  relation
   to  extending  certain  provisions  relating thereto; to amend the New
   York Health Care Reform Act of 2000,  in  relation  to  extending  the
   effectiveness  of  provisions thereof; to amend the public health law,
   in relation to extending certain provisions relating to  the  distrib-
   ution of pool allocations and graduate medical education; to amend the
   public  health law, in relation to extending certain provisions relat-
   ing to health care initiative pool distributions; to amend the  social
   services  law, in relation to extending payment provisions for general
   hospitals; and to amend the public health law, in relation to  extend-
   ing  certain  provisions  relating to the assessments on covered lives
   (Part C); to amend the social services law, in relation to  copayments
   for  drugs;  to amend the public health law, in relation to prescriber
   prevails; and to repeal certain provisions of the social services  law
   relating to coverage for certain prescription drugs (Part D); to amend
   the  public  health  law,  in  relation  to amending and extending the
   voluntary indigent care pool; in relation to  establishing  the  defi-
   nition  of  rural  emergency  hospital;  and  in relation to expanding
   eligibility for vital access provider assurance program  funding;  and
   to  amend Part I of chapter 57 of the laws of 2022 relating to provid-
   ing a five percent across the board payment increase to all qualifying
   fee-for-service Medicaid rates, in relation to Medicaid payments  made
   for  the  operating component of hospital inpatient services (Part E);
   to amend chapter 266 of the laws of 1986 amending the  civil  practice
   law  and  rules  and other laws relating to  malpractice  and  profes-
   sional medical  conduct, in relation to extending the effectiveness of
   certain provisions  thereof; to amend part J of chapter 63 of the laws
   of 2001 amending chapter 266 of the laws of 1986  amending  the  civil
   practice  law  and  rules  and  other laws relating to malpractice and
   professional  medical  conduct,  in  relation  to  extending   certain
   provisions concerning the hospital excess liability pool; and to amend
   part H of chapter  57  of the  laws  of  2017 amending  the  New  York
   Health  Care  Reform  Act of 1996 and other laws relating to extending
   certain  provisions  relating  thereto,  in  relation   to   extending
   provisions  relating  to  excess coverage (Part F); to amend the elder
   law, in relation to programs for the aging (Part G); to amend  section
   5  of  part AAA of chapter 56 of the laws of 2022, amending the social
   services law relating to expanding Medicaid  eligibility  requirements
   for seniors and disabled individuals, in relation to the effectiveness
   of the basic health plan program; to amend the social services law, in
   relation  to  enacting the 1332 state innovation program; and to amend
   the state finance law, in relation  to  establishing  the  1332  state
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   innovation  program  fund (Part H); to amend the public health law, in
   relation to extending authority to enroll certain recipients  in  need
   of  more  than 120 days of community based-long term care in a managed
   long  term  care  plan; to amend the public health law, in relation to
   extending the moratorium on the processing and  approval  of  applica-
   tions  seeking  a certificate of authority as a managed long term care
   plan, setting performance standards for managed long term  care  plans
   and  granting  the  commissioner of health the authority to procure in
   the event the department of health determines that a sufficient number
   of managed long term care plans have not met the enhanced  performance
   standards;  to  amend  the  social services law, in relation to fiscal
   intermediaries; to amend part I of chapter 57  of  the  laws  of  2022
   providing a one percent across the board payment increase to all qual-
   ifying  fee-for-service  Medicaid  rates,  in relation to providing an
   additional increase to all qualifying fee-for-service  Medicaid  rates
   for  the  operating  component  of  residential health care facilities
   services and an additional increase to all qualifying  fee-for-service
   Medicaid   rates  for  the  operating  component  of  assisted  living
   programs; to amend the public health law, in  relation  to  home  care
   worker  wage parity; to amend part H of chapter 59 of the laws of 2011
   amending the public health law and other laws relating  to  known  and
   projected  department  of  health  state fund medical expenditures, in
   relation to  extending  the  provisions  thereof;  to  repeal  certain
   provisions  of  the  social  services  law  relating  to  the consumer
   directed personal assistance program; to amend the public health  law,
   in  relation to establishing the state supplemental premium assistance
   for consumer directed personal assistants;  and  to  amend  the  state
   finance  law,  in  relation to creating the CDPAP supplemental premium
   assistance fund (Part I); to amend the insurance law  and  the  public
   health  law,  in  relation  to  insurer,  organization, or corporation
   review of certain documentation for certain claims (Part J); to  amend
   the social services law, in relation to authorizing Medicaid eligibil-
   ity  for certain services provided to individuals who are in a correc-
   tional institution, and for certain services provided  to  individuals
   who  are  in  an institution for mental disease (Part K); to amend the
   insurance law, in relation to site of service review and coverage  for
   services  provided  at  hospital-based outpatient clinics (Part L); to
   amend the public health law, in relation to  streamlining  and  adding
   criteria  to  the  certificate of need process and to review and over-
   sight of material transactions (Part M); to amend the social  services
   law,  in  relation to expanding the Medicaid Buy-In program for people
   with disabilities (Part  N);  to  amend  the  public  health  law,  in
   relation  to  prohibiting the sale or distribution of flavored tobacco
   products (Part O); to amend the public  health  law,  in  relation  to
   establishing  a new statewide health care transformative program (Part
   P); to amend the social services  law,  in  relation  to  establishing
   Medicaid  reimbursement  for community health workers (CHWs) for high-
   risk populations; and to amend the public health law, in  relation  to
   permitting licensed mental health counselors and licensed marriage and
   family  therapists  in community health centers to be reimbursed (Part
   Q); to amend the social services law and the  public  health  law,  in
   relation  to  expanding  Medicaid coverage of preventative health care
   services (Part R); to amend the public health law  and  the  education
   law,  in  relation  to  modernizing  the state of New York's emergency
   medical system and workforce; and to repeal certain  sections  of  the
   public  health  law  relating  thereto  (Part  S); to amend the public
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   health law, in relation to lead testing in certain multiple dwellings;
   and to amend the executive law, in relation to expanding the powers of
   the secretary of state with respect to the New York state uniform fire
   prevention  and  building code (Part T); to amend the general business
   law, in relation to safeguarding abortion access through data  privacy
   protection  (Part  U);  to  amend  the  education  law, in relation to
   authorizing licensed pharmacists to prescribe and order  self-adminis-
   tered hormonal contraceptives and emergency contraceptive drug therapy
   in  accordance with standardized procedures or protocols developed and
   approved by the board of pharmacy (Part V);  to  amend  the  education
   law,  in relation to the provision of HIV pre-exposure prophylaxis; to
   amend the public health law and the education law, in relation to  the
   administration  of  COVID-19  and  influenza tests; to amend part C of
   chapter 57 of the laws of 2022 amending the public health law and  the
   education  law  relating  to  allowing  pharmacists  to direct limited
   service laboratories and order and administer COVID-19  and  influenza
   tests  and  modernizing nurse practitioners, in relation to the effec-
   tiveness thereof; to amend the education law and the  social  services
   law,  in  relation to the scope of practice of nurses and pharmacists;
   to amend the education law, in relation  to  authorizing  dentists  to
   offer HIV and hepatitis C screening and diagnostic tests; to amend the
   education  law  and the public health law, in relation to the scope of
   practice of physician assistants; to amend chapter 471 of the laws  of
   2016  amending the education law and the public health law relating to
   authorizing certain advanced home  health  aides  to  perform  certain
   advanced tasks, in relation to the effectiveness thereof; to amend the
   education  law,  in  relation  to  the scope of practice of medication
   aides; to amend the education law, in relation to enacting the  inter-
   state  medical  licensure  compact;  to  amend  the  education law, in
   relation to enacting the nurse licensure compact;  and  providing  for
   the repeal of certain provisions upon the expiration thereof (Part W);
   to  amend  the  public  health  law,  in relation to providing for the
   registration of temporary health care services agencies (Part  X);  to
   amend  the  civil  practice  law  and  rules and the judiciary law, in
   relation to affidavits for medical debt actions (Subpart A); to  amend
   the  insurance  law, in relation to prescription drug price and supply
   chain transparency; and to amend the state finance law, in relation to
   funds deposited  in  the  pharmacy  benefit  manager  regulatory  fund
   (Subpart  B); to amend the public health law, in relation to requiring
   hospitals participating in the general hospital indigent care pool  to
   use  certain forms for the collection of medical debt (Subpart C); and
   to amend the insurance law, in relation to guaranty fund coverage  for
   insurers  writing  health insurance (Subpart D) (Part Y); to amend the
   public health law and the social services law, in relation to  quality
   improvement  and  increased  consumer  transparency in assisted living
   residences (Part Z); to amend the public health law,  in  relation  to
   hepatitis  C screening and requiring third trimester syphilis testing;
   and to amend chapter 425 of the laws of  2013  amending    the  public
   health  law relating to requiring hospitals to offer hepatitis C test-
   ing, in relation to making such provisions  permanent  (Part  AA);  to
   amend  the  public  health law, in relation to adding certain fentanyl
   analogs to the schedules of controlled substances; to amend the public
   health law, in relation to the  definition  of  "imitation  controlled
   substance";  to amend the penal law and the criminal procedure law, in
   relation to criminal  possession  and  sale  of  imitation  controlled
   substances;  and to repeal certain provisions of the public health law
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   relating thereto (Part BB); to amend the public health law, the  state
   finance  law,  the civil practice law and rules, the limited liability
   company law, the partnership law, the correction  law,  the  education
   law,  the  executive  law,  the mental hygiene law, the penal law, the
   surrogate's court procedure act, the social services law, the workers'
   compensation law, the cannabis law, the county law, the general  busi-
   ness  law,  the  insurance  law, the labor law, the criminal procedure
   law, the business corporation law, the vehicle and  traffic  law,  the
   administrative code of the city of New York, the military law, and the
   tax  law,  in  relation  to  repealing  articles  governing healthcare
   professions in the education law and adding  such  provisions  to  the
   public  health  law and transferring all functions, powers, duties and
   obligations relating thereto; to  repeal  certain  provisions  of  the
   education  law  relating  thereto; and to repeal certain provisions of
   the public health law relating  thereto  (Part  CC);  in  relation  to
   establishing a cost of living adjustment for designated human services
   programs (Part DD); to amend part A of chapter 56 of the laws of 2013,
   amending  the  social services law and other laws relating to enacting
   the major components of legislation necessary to implement the  health
   and  mental  hygiene  budget  for  the 2013-2014 state fiscal year, in
   relation to the effectiveness of certain provisions thereof (Part EE);
   to amend the education law, in relation to expanding the   description
   of  certain services which are not prohibited  by  statutes  governing
   the practice of nursing (Part FF); to amend the mental hygiene law and
   the education law,  in  relation  to  credentialing  qualified  mental
   health  associates  (Part  GG);  to  amend  the mental hygiene law, in
   relation to certified community behavioral health clinics  (Part  HH);
   to amend the insurance law and the financial services law, in relation
   to  insurance  coverage for behavioral health services (Subpart A); to
   amend the insurance law and the public  health  law,  in  relation  to
   utilization  review  standards for mental health services (Subpart B);
   to amend the insurance law and the public health law, in  relation  to
   telehealth  payment parity (Subpart C); to amend the insurance law, in
   relation to private rights of action (Subpart D); to amend the  insur-
   ance law, in relation to substance use disorder treatment (Subpart E);
   and  to amend the insurance law and the public health law, in relation
   to network adequacy for  mental  health  and  substance  use  disorder
   services  (Subpart  F) (Part II); and to amend the mental hygiene law,
   in relation to the imposition of  sanctions  by  the  commissioner  of
   mental health (Part JJ)
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. This act enacts into law major  components  of  legislation
 necessary  to  implement  the state health and mental hygiene budget for
 the 2023-2024 state fiscal year.  Each  component  is  wholly  contained
 within  a  Part identified as Parts A through JJ. The effective date for
 each particular provision contained within such Part is set forth in the
 last section of such Part. Any provision in any section contained within
 a Part, including the effective date of the Part, which makes  a  refer-
 ence  to  a  section  "of  this  act", when used in connection with that
 particular component, shall be deemed to mean and refer  to  the  corre-
 sponding section of the Part in which it is found. Section three of this
 act sets forth the general effective date of this act.
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                                  PART A
 
   Section  1.  Paragraph (a) of subdivision 1 of section 92 of part H of
 chapter 59 of the laws of 2011, amending the public health law and other
 laws relating to general hospital reimbursement  for  annual  rates,  as
 amended  by  section  2  of part H of chapter 57 of the laws of 2022, is
 amended to read as follows:
   (a) For state fiscal years  2011-12  through  [2023-24]  2024-25,  the
 director  of the budget, in consultation with the commissioner of health
 referenced as "commissioner" for purposes of this section, shall  assess
 on  a  quarterly  basis,  as  reflected in quarterly reports pursuant to
 subdivision five of this  section  known  and  projected  department  of
 health  state  funds medicaid expenditures by category of service and by
 geographic regions, as defined by the commissioner.
   § 2. This act shall take effect immediately and  shall  be  deemed  to
 have been in full force and effect on and after April 1, 2023.
 
                                  PART B
 
   Section  1.  Subdivision 1 of section 20 of chapter 451 of the laws of
 2007 amending the public health law, the social  services  law  and  the
 insurance  law  relating  to  providing  enhanced  consumer and provider
 protections, as amended by chapter 181 of the laws of 2021,  is  amended
 to read as follows:
   1.  sections  four, eleven and thirteen  of this act shall take effect
 immediately and shall expire and be  deemed  repealed  June  30,  [2023]
 2025;
   § 2. Subdivision 6-a of section 93 of part C of chapter 58 of the laws
 of  2007,  amending  the  social services law and other laws relating to
 adjustments of rates, as amended by section 2 of part T of chapter 57 of
 the laws of 2018, is amended to read as follows:
   6-a. section fifty-seven of  this  act  shall  expire  and  be  deemed
 repealed  [on  March  31, 2023] MARCH 31, 2028; provided that the amend-
 ments made by such section to subdivision 4  of  section  366-c  of  the
 social  services law shall apply with respect to determining initial and
 continuing eligibility for medical assistance, including  the  continued
 eligibility  of  recipients  originally determined eligible prior to the
 effective date of this act, and provided further  that  such  amendments
 shall  not apply to any person or group of persons if it is subsequently
 determined by the Centers for Medicare and Medicaid  services  or  by  a
 court  of  competent  jurisdiction  that medical assistance with federal
 financial participation is available for the costs of services  provided
 to  such  person  or  persons  under  the provisions of subdivision 4 of
 section 366-c of the social services law in effect immediately prior  to
 the effective date of this act.
   § 3. Section 3 of chapter 906 of the laws of 1984, amending the social
 services  law  relating  to expanding medical assistance eligibility and
 the scope of services available to certain persons with disabilities, as
 amended by section 4 of part T of chapter 57 of the  laws  of  2018,  is
 amended to read as follows:
   §  3.  This  act shall take effect on the thirtieth day after it shall
 have become a law and shall be of no  further  force  and  effect  after
 [March  31,  2023]  MARCH 31, 2028, at which time the provisions of this
 act shall be deemed to be repealed.
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   § 4. Subparagraph (i) of paragraph b of subdivision 6 of  section  366
 of  the  social  services  law, as amended by chapter 389 of the laws of
 2008, is amended to read as follows:
   (i) be [eighteen] TWENTY-ONE years of age or under;
   §  5.  Subparagraph (i) of paragraph b of subdivision 7 of section 366
 of the social services law, as amended by chapter 324  of  the  laws  of
 2004, is amended to read as follows:
   (i) be [eighteen] TWENTY-ONE years of age or under;
   §  6.  Subparagraph (i) of paragraph b of subdivision 9 of section 366
 of the social services law, as added by chapter 170 of the laws of 1994,
 is amended to read as follows:
   (i) be under [eighteen] TWENTY-ONE years of age;
   § 7. Section 2 of chapter 313 of the laws of 2018, amending the public
 health law relating to body imaging scanning equipment,  is  amended  to
 read as follows:
   § 2. This act shall take effect on the one hundred twentieth day after
 it  shall  have  become  a law; provided, however, that, effective imme-
 diately, the addition, amendment, and/or repeal of any rules  and  regu-
 lations  necessary to implement the provisions of this act on its effec-
 tive date are directed to be completed on or before such effective date;
 and provided further, that this act shall expire and be deemed  repealed
 [five years after such effective date] JANUARY 30, 2029.
   § 8. Section 5 of chapter 426 of the laws of 1983, amending the public
 health  law  relating to professional misconduct proceedings, as amended
 by chapter 106 of the laws of 2018, is amended to read as follows:
   § 5. This act shall take effect June 1, 1983 and shall remain in  full
 force and effect until July 1, [2023] 2033.
   § 9. Section 5 of chapter 582 of the laws of 1984, amending the public
 health  law  relating to regulating activities of physicians, as amended
 by chapter 106 of the laws of 2018, is amended to read as follows:
   § 5. This act shall take effect immediately, provided however that the
 provisions of this act shall remain in full force and effect until  July
 1,  [2023] 2033 at which time the provisions of this act shall be deemed
 to be repealed.
   § 10. Subparagraph (ii) of paragraph (c) of subdivision 11 of  section
 230  of  the public health law, as amended by chapter 106 of the laws of
 2018, is amended to read as follows:
   (ii) Participation and membership during a  three  year  demonstration
 period  in  a physician committee of the Medical Society of the State of
 New York or the New York State Osteopathic Society whose purpose  is  to
 confront and refer to treatment physicians who are thought to be suffer-
 ing  from  alcoholism, drug abuse, or mental illness. Such demonstration
 period shall commence on April first, nineteen hundred eighty and termi-
 nate on May thirty-first, nineteen hundred eighty-three.  An  additional
 demonstration  period  shall  commence  on  June first, nineteen hundred
 eighty-three and  terminate  on  March  thirty-first,  nineteen  hundred
 eighty-six.  An  additional demonstration period shall commence on April
 first, nineteen hundred eighty-six and terminate on March  thirty-first,
 nineteen  hundred  eighty-nine. An additional demonstration period shall
 commence April first, nineteen hundred eighty-nine and  terminate  March
 thirty-first,  nineteen  hundred ninety-two. An additional demonstration
 period shall commence  April  first,  nineteen  hundred  ninety-two  and
 terminate  March  thirty-first,  nineteen  hundred ninety-five. An addi-
 tional demonstration period shall  commence  on  April  first,  nineteen
 hundred  ninety-five  and  terminate  on  March  thirty-first,  nineteen
 hundred ninety-eight. An additional demonstration period shall  commence
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 on  April  first,  nineteen  hundred ninety-eight and terminate on March
 thirty-first, two thousand three.  An  additional  demonstration  period
 shall commence on April first, two thousand three and terminate on March
 thirty-first,  two thousand thirteen. An additional demonstration period
 shall commence April first, two thousand thirteen and terminate on March
 thirty-first, two thousand eighteen. An additional demonstration  period
 shall  commence April first, two thousand eighteen and terminate on July
 first, two thousand [twenty-three] THIRTY-THREE provided, however,  that
 the commissioner may prescribe requirements for the continuation of such
 demonstration  program,  including periodic reviews of such programs and
 submission of any reports and data necessary  to  permit  such  reviews.
 During  these  additional  periods,  the provisions of this subparagraph
 shall also apply to a physician committee of a county medical society.
   § 11. Section 4 of chapter 505 of  the  laws  of  1995,  amending  the
 public  health  law  relating  to  the operation of department of health
 facilities, as amended by section 1 of part E of chapter 57 of the  laws
 of 2019, is amended to read as follows:
   §  4.  This act shall take effect immediately; provided, however, that
 the provisions of paragraph (b) of subdivision 4 of section 409-c of the
 public health law, as added by section three of  this  act,  shall  take
 effect  January 1, 1996 and shall expire and be deemed repealed [twenty-
 eight years from the effective date thereof] MARCH 31, 2028.
   § 12. Paragraph (b) of subdivision 17 of section 2808  of  the  public
 health law, as amended by section 15 of part E of chapter 57 of the laws
 of 2019, is amended to read as follows:
   (b) Notwithstanding any inconsistent provision of law or regulation to
 the  contrary,  for  the  state  fiscal years beginning April first, two
 thousand ten and ending March thirty-first, two thousand  [twenty-three]
 TWENTY-SEVEN, the commissioner shall not be required to revise certified
 rates  of  payment established pursuant to this article for rate periods
 prior to April first, two thousand [twenty-three] TWENTY-SEVEN, based on
 consideration of rate appeals filed by residential health  care  facili-
 ties or based upon adjustments to capital cost reimbursement as a result
 of approval by the commissioner of an application for construction under
 section twenty-eight hundred two of this article, in excess of an aggre-
 gate  annual amount of eighty million dollars for each such state fiscal
 year provided, however, that for the period April  first,  two  thousand
 eleven  through  March  thirty-first, two thousand twelve such aggregate
 annual amount shall be fifty million dollars.  In  revising  such  rates
 within  such  fiscal limit, the commissioner shall, in prioritizing such
 rate appeals, include consideration of which facilities the commissioner
 determines are facing significant financial hardship  as  well  as  such
 other considerations as the commissioner deems appropriate and, further,
 the commissioner is authorized to enter into agreements with such facil-
 ities  or  any  other  facility to resolve multiple pending rate appeals
 based upon a negotiated aggregate amount and may offset such  negotiated
 aggregate  amounts  against  any  amounts  owed  by  the facility to the
 department, including, but not limited  to,  amounts  owed  pursuant  to
 section twenty-eight hundred seven-d of this article; provided, however,
 that the commissioner's authority to negotiate such agreements resolving
 multiple  pending  rate appeals as hereinbefore described shall continue
 on and after April first, two thousand [twenty-three] TWENTY-SEVEN. Rate
 adjustments made pursuant to this  paragraph  remain  fully  subject  to
 approval by the director of the budget in accordance with the provisions
 of  subdivision  two of section twenty-eight hundred seven of this arti-
 cle.
 S. 4007--A                         10                         A. 3007--A
 
   § 13. Paragraph (a) of subdivision 13 of section 3614  of  the  public
 health law, as amended by section 16 of part E of chapter 57 of the laws
 of 2019, is amended to read as follows:
   (a)  Notwithstanding  any  inconsistent provision of law or regulation
 and subject to the  availability  of  federal  financial  participation,
 effective  April  first, two thousand twelve through March thirty-first,
 two thousand [twenty-three] TWENTY-SEVEN, payments by  government  agen-
 cies for services provided by certified home health agencies, except for
 such services provided to children under eighteen years of age and other
 discreet  groups  as  may  be determined by the commissioner pursuant to
 regulations, shall be based on episodic payments. In  establishing  such
 payments, a statewide base price shall be established for each sixty day
 episode  of  care  and  adjusted  by a regional wage index factor and an
 individual patient case mix index. Such episodic payments may be further
 adjusted for low utilization cases and to reflect a  percentage  limita-
 tion  of the cost for high-utilization cases that exceed outlier thresh-
 olds of such payments.
   § 14. Section 4 of chapter 19 of the laws of 1998, amending the social
 services law relating to limiting the method of payment for prescription
 drugs under the medical assistance program, as amended by section  2  of
 part  BB  of  chapter  56  of  the  laws  of 2020, is amended to read as
 follows:
   § 4. This act shall take effect 120 days after it shall have become  a
 law and shall expire and be deemed repealed March 31, [2023] 2026.
   §  15. Paragraph (e-1) of subdivision 12 of section 2808 of the public
 health law, as amended by section 3 of part BB of chapter 56 of the laws
 of 2020, is amended to read as follows:
   (e-1) Notwithstanding any inconsistent provision of law or regulation,
 the commissioner shall provide,  in  addition  to  payments  established
 pursuant  to  this  article  prior to application of this section, addi-
 tional payments under the medical assistance program pursuant  to  title
 eleven of article five of the social services law for non-state operated
 public  residential health care facilities, including public residential
 health care facilities located in the county of Nassau,  the  county  of
 Westchester  and  the  county  of Erie, but excluding public residential
 health care facilities operated by a town or city within  a  county,  in
 aggregate  annual  amounts of up to one hundred fifty million dollars in
 additional payments for the state fiscal year beginning April first, two
 thousand six and for the state fiscal year beginning  April  first,  two
 thousand  seven and for the state fiscal year beginning April first, two
 thousand eight and of up to three hundred million dollars in such aggre-
 gate annual additional payments for  the  state  fiscal  year  beginning
 April  first, two thousand nine, and for the state fiscal year beginning
 April first, two thousand ten and for the state  fiscal  year  beginning
 April  first, two thousand eleven, and for the state fiscal years begin-
 ning April first, two thousand twelve  and  April  first,  two  thousand
 thirteen,  and  of  up to five hundred million dollars in such aggregate
 annual additional payments for the state fiscal  years  beginning  April
 first,  two  thousand  fourteen,  April  first, two thousand fifteen and
 April first, two thousand sixteen and of  up  to  five  hundred  million
 dollars  in  such  aggregate  annual  additional  payments for the state
 fiscal years beginning April first, two thousand seventeen, April first,
 two thousand eighteen, and April first, two thousand nineteen, and of up
 to five hundred million dollars  in  such  aggregate  annual  additional
 payments  for the state fiscal years beginning April first, two thousand
 twenty, April first, two thousand twenty-one, and April first, two thou-
 S. 4007--A                         11                         A. 3007--A
 
 sand twenty-two, AND OF UP TO  FIVE  HUNDRED  MILLION  DOLLARS  IN  SUCH
 AGGREGATE  ANNUAL  ADDITIONAL PAYMENTS FOR THE STATE FISCAL YEARS BEGIN-
 NING APRIL FIRST, TWO THOUSAND TWENTY-THREE, APRIL FIRST,  TWO  THOUSAND
 TWENTY-FOUR, AND APRIL FIRST, TWO THOUSAND TWENTY-FIVE. The amount allo-
 cated  to each eligible public residential health care facility for this
 period shall be computed in accordance with the provisions of  paragraph
 (f)  of  this subdivision, provided, however, that patient days shall be
 utilized for such computation reflecting actual reported  data  for  two
 thousand  three  and  each representative succeeding year as applicable,
 and provided further,  however,  that,  in  consultation  with  impacted
 providers,  of  the funds allocated for distribution in the state fiscal
 year beginning April first, two  thousand  thirteen,  up  to  thirty-two
 million  dollars  may be allocated in accordance with paragraph (f-1) of
 this subdivision.
   § 16. Section 18 of chapter 904 of the  laws  of  1984,  amending  the
 public  health  law  and the social services law relating to encouraging
 comprehensive health services, as amended by section 4  of  part  BB  of
 chapter 56 of the laws of 2020, is amended to read as follows:
   §  18.  This  act  shall take effect immediately, except that sections
 six, nine, ten and eleven of this act shall take effect on the  sixtieth
 day after it shall have become a law, sections two, three, four and nine
 of  this  act  shall  expire  and be of no further force or effect on or
 after March 31, [2023] 2026, section two of this act shall  take  effect
 on  April  1,  1985 or seventy-five days following the submission of the
 report required by section one of this  act,  whichever  is  later,  and
 sections  eleven  and  thirteen  of  this  act shall expire and be of no
 further force or effect on or after March 31, 1988.
   § 17. Section 4 of part X2 of chapter 62 of the laws of 2003, amending
 the public health law relating to allowing for the use of funds  of  the
 office  of  professional  medical  conduct for activities of the patient
 health information and quality improvement act of 2000,  as  amended  by
 section  5  of  part BB of chapter 56 of the laws of 2020, is amended to
 read as follows:
   § 4. This act  shall  take  effect  immediately[;  provided  that  the
 provisions  of  section  one of this act shall be deemed to have been in
 full force and effect on and after April 1, 2003, and shall expire March
 31, 2023 when upon such date the provisions of  such  section  shall  be
 deemed repealed].
   §  18.  Subdivision  (o) of section 111 of part H of chapter 59 of the
 laws of 2011, amending the public health law relating to  the  statewide
 health  information  network  of New York and the statewide planning and
 research cooperative system and general powers and duties, as amended by
 section 6 of part BB of chapter 56 of the laws of 2020,  is  amended  to
 read as follows:
   [(o) sections thirty-eight and thirty-eight-a of this act shall expire
 and be deemed repealed March 31, 2023;]
   § 19. Section 32 of part A of chapter 58 of the laws of 2008, amending
 the  elder law and other laws relating to reimbursement to participating
 provider pharmacies  and  prescription  drug  coverage,  as  amended  by
 section  7  of  part BB of chapter 56 of the laws of 2020, is amended to
 read as follows:
   § 32. This act shall take effect immediately and shall  be  deemed  to
 have  been in full force and effect on and after April 1, 2008; provided
 however, that sections one, six-a, nineteen,  twenty,  twenty-four,  and
 twenty-five of this act shall take effect July 1, 2008; provided however
 that  sections  sixteen, seventeen and eighteen of this act shall expire
 S. 4007--A                         12                         A. 3007--A
 
 April 1, [2023] 2026; provided, however, that  the  amendments  made  by
 section  twenty-eight  of this act shall take effect on the same date as
 section 1 of chapter 281 of the laws  of  2007  takes  effect;  provided
 further,  that  sections twenty-nine, thirty, and thirty-one of this act
 shall take effect October 1, 2008; provided further, that section  twen-
 ty-seven  of  this  act  shall take effect January 1, 2009; and provided
 further, that section twenty-seven of  this  act  shall  expire  and  be
 deemed  repealed  March 31, [2023] 2026; and provided, further, however,
 that the amendments to subdivision 1 of section 241 of the education law
 made by section twenty-nine of this act shall not affect the  expiration
 of such subdivision and shall be deemed to expire therewith and provided
 that  the  amendments  to  section  272 of the public health law made by
 section thirty of this act shall not affect the repeal of  such  section
 and shall be deemed repealed therewith.
   §  20.  Section  228  of chapter 474 of the laws of 1996, amending the
 education law and other laws relating to rates  for  residential  health
 care  facilities,  as  amended by section 12 of part BB of chapter 56 of
 the laws of 2020, is amended to read as follows:
   § 228. 1. Definitions. (a) Regions,  for  purposes  of  this  section,
 shall  mean  a downstate region to consist of Kings, New York, Richmond,
 Queens, Bronx, Nassau and Suffolk counties  and  an  upstate  region  to
 consist  of  all  other New York state counties. A certified home health
 agency or long term home health care program shall  be  located  in  the
 same county utilized by the commissioner of health for the establishment
 of rates pursuant to article 36 of the public health law.
   (b)  Certified  home  health  agency  (CHHA)  shall  mean such term as
 defined in section 3602 of the public health law.
   (c) Long term home health care program (LTHHCP) shall mean  such  term
 as defined in subdivision 8 of section 3602 of the public health law.
   (d) Regional group shall mean all those CHHAs and LTHHCPs, respective-
 ly, located within a region.
   (e)  Medicaid  revenue percentage, for purposes of this section, shall
 mean CHHA and LTHHCP  revenues  attributable  to  services  provided  to
 persons  eligible  for payments pursuant to title 11 of article 5 of the
 social services law divided by such revenues plus CHHA and LTHHCP reven-
 ues attributable to services provided to beneficiaries of Title XVIII of
 the federal social security act (medicare).
   (f) Base period, for purposes of this  section,  shall  mean  calendar
 year 1995.
   (g) Target period. For purposes of this section, the 1996 target peri-
 od  shall  mean  August  1, 1996 through March 31, 1997, the 1997 target
 period shall mean January 1, 1997 through November 30,  1997,  the  1998
 target  period shall mean January 1, 1998 through November 30, 1998, the
 1999 target period shall mean January 1, 1999 through November 30, 1999,
 the 2000 target period shall mean January 1, 2000 through  November  30,
 2000, the 2001 target period shall mean January 1, 2001 through November
 30,  2001,  the  2002  target  period shall mean January 1, 2002 through
 November 30, 2002, the 2003 target period shall  mean  January  1,  2003
 through  November 30, 2003, the 2004 target period shall mean January 1,
 2004 through November 30, 2004, and the 2005 target  period  shall  mean
 January  1, 2005 through November 30, 2005, the 2006 target period shall
 mean January 1, 2006 through November 30,  2006,  and  the  2007  target
 period shall mean January 1, 2007 through November 30, 2007 and the 2008
 target  period shall mean January 1, 2008 through November 30, 2008, and
 the 2009 target period shall mean January 1, 2009 through  November  30,
 2009  and  the  2010  target  period  shall mean January 1, 2010 through
 S. 4007--A                         13                         A. 3007--A
 
 November 30, 2010 and the 2011 target period shall mean January 1,  2011
 through  November 30, 2011 and the 2012 target period shall mean January
 1, 2012 through November 30, 2012 and the 2013 target period shall  mean
 January  1,  2013  through November 30, 2013, and the 2014 target period
 shall mean January 1, 2014 through November 30, 2014 and the 2015 target
 period shall mean January 1, 2015 through November 30, 2015 and the 2016
 target period shall mean January 1, 2016 through November 30,  2016  and
 the  2017  target period shall mean January 1, 2017 through November 30,
 2017 and the 2018 target period  shall  mean  January  1,  2018  through
 November  30, 2018 and the 2019 target period shall mean January 1, 2019
 through November 30, 2019 and the 2020 target period shall mean  January
 1,  2020  through  November 30, 2020[,] and the 2021 target period shall
 mean January 1, 2021 through November 30, 2021 and the 2022 target peri-
 od shall mean January 1, 2022 through November 30,  2022  and  the  2023
 target  period  shall mean January 1, 2023 through November 30, 2023 AND
 THE 2024 TARGET PERIOD SHALL MEAN JANUARY 1, 2024 THROUGH  NOVEMBER  30,
 2024  AND  THE  2025  TARGET  PERIOD  SHALL MEAN JANUARY 1, 2025 THROUGH
 NOVEMBER 30, 2025 AND THE 2026 TARGET PERIOD SHALL MEAN JANUARY 1,  2026
 THROUGH  NOVEMBER 30, 2026 AND THE 2027 TARGET PERIOD SHALL MEAN JANUARY
 1, 2027 THROUGH NOVEMBER 30, 2027.
   2. (a) Prior to February 1, 1997, for each regional group the  commis-
 sioner  of  health shall calculate the 1996 medicaid revenue percentages
 for the period commencing August 1, 1996 to the last date for which such
 data is available and reasonably accurate.
   (b) Prior to February 1, 1998, prior to February  1,  1999,  prior  to
 February  1, 2000, prior to February 1, 2001, prior to February 1, 2002,
 prior to February 1, 2003, prior to February 1, 2004, prior to  February
 1,  2005, prior to February 1, 2006, prior to February 1, 2007, prior to
 February 1, 2008, prior to February 1, 2009, prior to February 1,  2010,
 prior  to February 1, 2011, prior to February 1, 2012, prior to February
 1, 2013, prior to February 1, 2014, prior to February 1, 2015, prior  to
 February  1, 2016, prior to February 1, 2017, prior to February 1, 2018,
 prior to February 1, 2019, prior to February 1, 2020, prior to  February
 1,  2021,  prior  to  February 1, 2022, [and] prior to February 1, 2023,
 PRIOR TO FEBRUARY 1, 2024, PRIOR TO FEBRUARY 1, 2025, PRIOR TO  FEBRUARY
 1,  2026  AND  PRIOR  TO  FEBRUARY  1,  2027 for each regional group the
 commissioner of health shall calculate the prior year's medicaid revenue
 percentages for the period commencing January 1 through November  30  of
 such prior year.
   3.  By September 15, 1996, for each regional group the commissioner of
 health shall calculate the base period medicaid revenue percentage.
   4. (a) For each regional  group,  the  1996  target  medicaid  revenue
 percentage  shall be calculated by subtracting the 1996 medicaid revenue
 reduction percentages from the base period medicaid revenue percentages.
 The 1996 medicaid revenue  reduction  percentage,  taking  into  account
 regional and program differences in utilization of medicaid and medicare
 services, for the following regional groups shall be equal to:
   (i)  one  and one-tenth percentage points for CHHAs located within the
 downstate region;
   (ii) six-tenths of one percentage point for CHHAs located  within  the
 upstate region;
   (iii) one and eight-tenths percentage points for LTHHCPs located with-
 in the downstate region; and
   (iv) one and seven-tenths percentage points for LTHHCPs located within
 the upstate region.
 S. 4007--A                         14                         A. 3007--A
 
   (b)  For  1997,  1998, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007,
 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018,  2019,
 2020,  2021,  2022  [and],  2023,  2024,  2025,  2026  AND 2027 for each
 regional group, the target medicaid revenue percentage for  the  respec-
 tive year shall be calculated by subtracting the respective year's medi-
 caid  revenue reduction percentage from the base period medicaid revenue
 percentage. The medicaid revenue reduction percentages for  1997,  1998,
 2000,  2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010, 2011,
 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019, 2020, 2021, 2022  [and],
 2023,  2024,  2025,  2026  AND  2027,  taking  into account regional and
 program differences in utilization of medicaid  and  medicare  services,
 for the following regional groups shall be equal to for each such year:
   (i)  one  and one-tenth percentage points for CHHAs located within the
 downstate region;
   (ii) six-tenths of one percentage point for CHHAs located  within  the
 upstate region;
   (iii) one and eight-tenths percentage points for LTHHCPs located with-
 in the downstate region; and
   (iv) one and seven-tenths percentage points for LTHHCPs located within
 the upstate region.
   (c) For each regional group, the 1999 target medicaid revenue percent-
 age  shall  be  calculated  by  subtracting  the  1999  medicaid revenue
 reduction percentage from the base period medicaid  revenue  percentage.
 The  1999  medicaid  revenue  reduction percentages, taking into account
 regional and program differences in utilization of medicaid and medicare
 services, for the following regional groups shall be equal to:
   (i) eight hundred twenty-five thousandths  (.825)  of  one  percentage
 point for CHHAs located within the downstate region;
   (ii)  forty-five  hundredths  (.45)  of one percentage point for CHHAs
 located within the upstate region;
   (iii) one and thirty-five  hundredths  percentage  points  (1.35)  for
 LTHHCPs located within the downstate region; and
   (iv)  one  and  two hundred seventy-five thousandths percentage points
 (1.275) for LTHHCPs located within the upstate region.
   5. (a) For each regional group, if the 1996 medicaid revenue  percent-
 age  is  not  equal  to  or  less  than the 1996 target medicaid revenue
 percentage, the commissioner of health shall compare the  1996  medicaid
 revenue  percentage  to  the  1996 target medicaid revenue percentage to
 determine the amount of the shortfall which, when divided  by  the  1996
 medicaid   revenue  reduction  percentage,  shall  be  called  the  1996
 reduction factor. These amounts, expressed as a  percentage,  shall  not
 exceed  one  hundred percent. If the 1996 medicaid revenue percentage is
 equal to or less than the 1996 target medicaid revenue  percentage,  the
 1996 reduction factor shall be zero.
   (b)  For  1997,  1998, 1999, 2000, 2001, 2002, 2003, 2004, 2005, 2006,
 2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017,  2018,
 2019,  2020, 2021, 2022 [and], 2023, 2024, 2025, 2026 AND 2027, for each
 regional group, if the medicaid revenue percentage  for  the  respective
 year is not equal to or less than the target medicaid revenue percentage
 for  such respective year, the commissioner of health shall compare such
 respective year's medicaid revenue percentage to such respective  year's
 target medicaid revenue percentage to determine the amount of the short-
 fall  which,  when  divided  by  the  respective year's medicaid revenue
 reduction percentage, shall be called  the  reduction  factor  for  such
 respective  year.  These  amounts,  expressed as a percentage, shall not
 exceed one hundred percent. If the medicaid  revenue  percentage  for  a
 S. 4007--A                         15                         A. 3007--A
 
 particular  year  is  equal  to or less than the target medicaid revenue
 percentage for that year, the reduction factor for that  year  shall  be
 zero.
   6.  (a)  For  each  regional group, the 1996 reduction factor shall be
 multiplied by the following amounts to determine each  regional  group's
 applicable 1996 state share reduction amount:
   (i) two million three hundred ninety thousand dollars ($2,390,000) for
 CHHAs located within the downstate region;
   (ii) seven hundred fifty thousand dollars ($750,000) for CHHAs located
 within the upstate region;
   (iii)  one  million  two hundred seventy thousand dollars ($1,270,000)
 for LTHHCPs located within the downstate region; and
   (iv) five hundred  ninety  thousand  dollars  ($590,000)  for  LTHHCPs
 located within the upstate region.
   For  each regional group reduction, if the 1996 reduction factor shall
 be zero, there shall be no 1996 state share reduction amount.
   (b) For 1997, 1998, 2000, 2001, 2002, 2003, 2004,  2005,  2006,  2007,
 2008,  2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019,
 2020, 2021, 2022 [and], 2023,  2024,  2025,  2026  AND  2027,  for  each
 regional  group,  the  reduction factor for the respective year shall be
 multiplied by the following amounts to determine each  regional  group's
 applicable state share reduction amount for such respective year:
   (i) two million three hundred ninety thousand dollars ($2,390,000) for
 CHHAs located within the downstate region;
   (ii) seven hundred fifty thousand dollars ($750,000) for CHHAs located
 within the upstate region;
   (iii)  one  million  two hundred seventy thousand dollars ($1,270,000)
 for LTHHCPs located within the downstate region; and
   (iv) five hundred  ninety  thousand  dollars  ($590,000)  for  LTHHCPs
 located within the upstate region.
   For  each  regional  group  reduction,  if  the reduction factor for a
 particular year shall be zero, there shall be no state  share  reduction
 amount for such year.
   (c) For each regional group, the 1999 reduction factor shall be multi-
 plied by the following amounts to determine each regional group's appli-
 cable 1999 state share reduction amount:
   (i) one million seven hundred ninety-two thousand five hundred dollars
 ($1,792,500) for CHHAs located within the downstate region;
   (ii)  five  hundred sixty-two thousand five hundred dollars ($562,500)
 for CHHAs located within the upstate region;
   (iii) nine hundred fifty-two thousand five hundred dollars  ($952,500)
 for LTHHCPs located within the downstate region; and
   (iv)  four  hundred forty-two thousand five hundred dollars ($442,500)
 for LTHHCPs located within the upstate region.
   For each regional group reduction, if the 1999 reduction factor  shall
 be zero, there shall be no 1999 state share reduction amount.
   7.  (a) For each regional group, the 1996 state share reduction amount
 shall be allocated by the commissioner of health among CHHAs and LTHHCPs
 on the basis of the extent  of  each  CHHA's  and  LTHHCP's  failure  to
 achieve  the  1996  target  medicaid revenue percentage, calculated on a
 provider specific basis utilizing revenues for this  purpose,  expressed
 as  a  proportion  of  the  total of each CHHA's and LTHHCP's failure to
 achieve the 1996 target medicaid revenue percentage within the  applica-
 ble  regional group. This proportion shall be multiplied by the applica-
 ble 1996 state share reduction amount calculation pursuant to  paragraph
 S. 4007--A                         16                         A. 3007--A

 (a)  of  subdivision  6 of this section. This amount shall be called the
 1996 provider specific state share reduction amount.
   (b)  For  1997,  1998, 1999, 2000, 2001, 2002, 2003, 2004, 2005, 2006,
 2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017,  2018,
 2019,  2020,  2021, 2022 [and], 2023, 2024, 2025, 2026 AND 2027 for each
 regional group, the state share reduction amount for the respective year
 shall be allocated by the commissioner of health among CHHAs and LTHHCPs
 on the basis of the extent  of  each  CHHA's  and  LTHHCP's  failure  to
 achieve  the target medicaid revenue percentage for the applicable year,
 calculated on a provider specific  basis  utilizing  revenues  for  this
 purpose,  expressed  as  a  proportion  of  the total of each CHHA's and
 LTHHCP's failure to achieve the target medicaid revenue  percentage  for
 the  applicable  year within the applicable regional group. This propor-
 tion shall be multiplied by the applicable year's state share  reduction
 amount  calculation pursuant to paragraph (b) or (c) of subdivision 6 of
 this section. This amount shall be called the  provider  specific  state
 share reduction amount for the applicable year.
   8.  (a)  The 1996 provider specific state share reduction amount shall
 be due to the state from each CHHA and LTHHCP and may be recouped by the
 state by March 31, 1997 in a lump sum amount or  amounts  from  payments
 due  to  the  CHHA  and  LTHHCP pursuant to title 11 of article 5 of the
 social services law.
   (b) The provider specific state share reduction amount for 1997, 1998,
 1999, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009,  2010,
 2011,  2012,  2013, 2014, 2015, 2016, 2017, 2018, 2019, 2020, 2021, 2022
 [and], 2023, 2024, 2025, 2026 AND 2027 respectively, shall be due to the
 state from each CHHA and LTHHCP and each year the amount  due  for  such
 year may be recouped by the state by March 31 of the following year in a
 lump  sum  amount  or  amounts  from payments due to the CHHA and LTHHCP
 pursuant to title 11 of article 5 of the social services law.
   9. CHHAs and LTHHCPs shall submit such data and  information  at  such
 times  as  the  commissioner  of health may require for purposes of this
 section. The commissioner of health may use data available  from  third-
 party payors.
   10. On or about June 1, 1997, for each regional group the commissioner
 of  health  shall  calculate for the period August 1, 1996 through March
 31, 1997 a medicaid revenue percentage,  a  reduction  factor,  a  state
 share  reduction  amount,  and a provider specific state share reduction
 amount in accordance with the methodology provided in paragraph  (a)  of
 subdivision 2, paragraph (a) of subdivision 5, paragraph (a) of subdivi-
 sion  6 and paragraph (a) of subdivision 7 of this section. The provider
 specific state share reduction amount calculated in accordance with this
 subdivision shall be compared to the 1996 provider specific state  share
 reduction amount calculated in accordance with paragraph (a) of subdivi-
 sion 7 of this section. Any amount in excess of the amount determined in
 accordance  with paragraph (a) of subdivision 7 of this section shall be
 due to the state from each CHHA  and  LTHHCP  and  may  be  recouped  in
 accordance  with  paragraph (a) of subdivision 8 of this section. If the
 amount is less than the amount determined in accordance  with  paragraph
 (a)  of  subdivision 7 of this section, the difference shall be refunded
 to the CHHA and LTHHCP by the state no later than July 15,  1997.  CHHAs
 and  LTHHCPs  shall  submit  data  for the period August 1, 1996 through
 March 31, 1997 to the commissioner of health by April 15, 1997.
   11. If a CHHA or LTHHCP  fails  to  submit  data  and  information  as
 required for purposes of this section:
 S. 4007--A                         17                         A. 3007--A
 
   (a) such CHHA or LTHHCP shall be presumed to have no decrease in medi-
 caid  revenue  percentage  between  the  applicable  base period and the
 applicable target period for purposes of the  calculations  pursuant  to
 this section; and
   (b)  the  commissioner of health shall reduce the current rate paid to
 such CHHA and such LTHHCP by state  governmental  agencies  pursuant  to
 article  36  of the public health law by one percent for a period begin-
 ning on the first day of the calendar month following the applicable due
 date as established by the commissioner of health and  continuing  until
 the last day of the calendar month in which the required data and infor-
 mation are submitted.
   12. The commissioner of health shall inform in writing the director of
 the  budget  and the chair of the senate finance committee and the chair
 of the assembly ways and means committee of the results  of  the  calcu-
 lations pursuant to this section.
   §  21.  Paragraph  (f) of subdivision 1 of section 64 of chapter 81 of
 the laws of 1995, amending the public health law and other laws relating
 to medical reimbursement and welfare reform, as amended by section 13 of
 part BB of chapter 56 of the  laws  of  2020,  is  amended  to  read  as
 follows:
   (f)  Prior  to  February  1, 2001, February 1, 2002, February 1, 2003,
 February 1, 2004, February 1, 2005, February 1, 2006, February 1,  2007,
 February  1, 2008, February 1, 2009, February 1, 2010, February 1, 2011,
 February 1, 2012, February 1, 2013, February 1, 2014, February 1,  2015,
 February  1, 2016, February 1, 2017, February 1, 2018, February 1, 2019,
 February 1, 2020, February 1, 2021, February 1, 2022 [and], February  1,
 2023,  FEBRUARY  1,  2024,  FEBRUARY  1,  2025 AND FEBRUARY 1, 2026, the
 commissioner of health shall calculate the result of the statewide total
 of residential health care facility days of care provided  to  benefici-
 aries  of  title  XVIII  of  the federal social security act (medicare),
 divided by the sum of such days of care plus days of  care  provided  to
 residents eligible for payments pursuant to title 11 of article 5 of the
 social  services  law  minus  the  number  of days provided to residents
 receiving hospice care,  expressed  as  a  percentage,  for  the  period
 commencing January 1, through November 30, of the prior year respective-
 ly,  based  on such data for such period. This value shall be called the
 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010,  2011,
 2012, 2013, 2014, 2015, 2016, 2017, 2018,  2019, 2020, 2021, 2022 [and],
 2023, 2024, 2025 AND 2026 statewide target percentage respectively.
   §  22.  Subparagraph (ii) of paragraph (b) of subdivision 3 of section
 64 of chapter 81 of the laws of 1995, amending the public health law and
 other laws relating to medical  reimbursement  and  welfare  reform,  as
 amended  by  section 14 of part BB of chapter 56 of the laws of 2020, is
 amended to read as follows:
   (ii) If the 1997, 1998, 2000, 2001,  2002,  2003,  2004,  2005,  2006,
 2007,  2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018,
 2019, 2020, 2021, 2022 [and], 2023, 2024, 2025 AND 2026 statewide target
 percentages are not for each year at least three percentage points high-
 er than the statewide base percentage, the commissioner of health  shall
 determine  the  percentage  by which the statewide target percentage for
 each year is not at least three percentage points higher than the state-
 wide base percentage. The percentage calculated pursuant to  this  para-
 graph  shall  be  called  the  1997, 1998, 2000, 2001, 2002, 2003, 2004,
 2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015,  2016,
 2017,  2018,  2019,  2020,  2021,  2022 [and], 2023, 2024, 2025 AND 2026
 statewide reduction percentage respectively. If the  1997,  1998,  2000,
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 2001,  2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012,
 2013, 2014, 2015, 2016, 2017, 2018, 2019, 2020, 2021, 2022 [and],  2023,
 2024,  2025 AND 2026 statewide target percentage for the respective year
 is  at  least  three  percentage  points  higher than the statewide base
 percentage, the statewide reduction percentage for the  respective  year
 shall be zero.
   §  23. Subparagraph (iii) of paragraph (b) of subdivision 4 of section
 64 of chapter 81 of the laws of 1995, amending the public health law and
 other laws relating to medical  reimbursement  and  welfare  reform,  as
 amended  by  section 15 of part BB of chapter 56 of the laws of 2020, is
 amended to read as follows:
   (iii) The 1998, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007,  2008,
 2009,  2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019, 2020,
 2021, 2022 [and], 2023, 2024, 2025 AND 2026 statewide reduction percent-
 age shall be multiplied by one hundred two million dollars  respectively
 to  determine  the 1998, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007,
 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018,  2019,
 2020,  2021,  2022  [and], 2023, 2024, 2025 AND 2026 statewide aggregate
 reduction amount. If the 1998 and the  2000,  2001,  2002,  2003,  2004,
 2005,  2006, 2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016,
 2017, 2018, 2019, 2020, 2021, 2022 [and],  2023,  2024,  2025  AND  2026
 statewide  reduction  percentage shall be zero respectively, there shall
 be no 1998, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008,  2009,
 2010,  2011,  2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019 2020, 2021,
 2022 [and], 2023, 2024, 2025 AND 2026 reduction amount.
   § 24.  The opening paragraph of paragraph  (e)  of  subdivision  7  of
 section  367-a  of  the  social services law, as amended by section 1 of
 part GG of chapter 56 of the  laws  of  2020,  is  amended  to  read  as
 follows:
   During the period from April first, two thousand fifteen through March
 thirty-first,  two  thousand [twenty-three] TWENTY-SIX, the commissioner
 may, in lieu of a managed care provider  or  pharmacy  benefit  manager,
 negotiate  directly  and enter into an arrangement with a pharmaceutical
 manufacturer for the provision of supplemental rebates relating to phar-
 maceutical utilization by enrollees of managed care  providers  pursuant
 to section three hundred sixty-four-j of this title and may also negoti-
 ate directly and enter into such an agreement relating to pharmaceutical
 utilization  by  medical  assistance  recipients  not  so enrolled. Such
 rebate arrangements shall be limited to the  following:  antiretrovirals
 approved  by  the  FDA  for the treatment of HIV/AIDS, opioid dependence
 agents and opioid antagonists listed in  a  statewide  formulary  estab-
 lished  pursuant  to  subparagraph  (vii) of this paragraph, hepatitis C
 agents, high cost drugs as provided for in subparagraph (viii)  of  this
 paragraph,  gene  therapies as provided for in subparagraph (ix) of this
 paragraph, and any other class or drug designated  by  the  commissioner
 for  which  the  pharmaceutical  manufacturer  has  in  effect  a rebate
 arrangement with the federal secretary  of  health  and  human  services
 pursuant to 42 U.S.C. § 1396r-8, and for which the state has established
 standard  clinical  criteria. No agreement entered into pursuant to this
 paragraph shall have an initial term or be extended beyond  the  expira-
 tion or repeal of this paragraph.
   §  25. Subdivision 1 of section 60 of part B of chapter 57 of the laws
 of 2015, amending the social services law and  other  laws  relating  to
 supplemental  rebates,  as amended by section 8 of part GG of chapter 56
 of the laws of 2020, is amended to read as follows:
 S. 4007--A                         19                         A. 3007--A
 
   1. section  one of this act shall expire and be deemed repealed  March
 31, [2026] 2029;
   § 26. Section 8 of part KK of chapter 56 of the laws of 2020, amending
 the  public  health law relating to the designation of statewide general
 hospital quality and sole community pools and the reduction  of  capital
 related inpatient expenses, is amended to read as follows:
   §  8.  This  act  shall take effect immediately and shall be deemed to
 have been in full force and effect on and after April 1, 2020, provided,
 further that sections [three] FOUR through  [nine]  SEVEN  of  this  act
 shall  expire  and  be  deemed  repealed March 31, [2023] 2026; provided
 further, however, that the director of the budget may,  in  consultation
 with  the  commissioner  of health, delay the effective dates prescribed
 herein for a period of time which shall not exceed ninety days following
 the conclusion or termination of an executive order issued  pursuant  to
 section 28 of the executive law declaring a state disaster emergency for
 the  entire  state  of  New York, upon such delay the director of budget
 shall notify the chairs of the assembly ways  and  means  committee  and
 senate  finance  committee  and  the  chairs  of the assembly and senate
 health committee; provided further, however, that the  director  of  the
 budget  shall  notify  the legislative bill drafting commission upon the
 occurrence of a delay in the effective date of this act  in  order  that
 the  commission  may maintain an accurate and timely effective data base
 of the official text of the laws of the state of New York in furtherance
 of effectuating the provisions of section 44 of the legislative law  and
 section 70-b of the public officers law.
   §  27.  Subdivision  4-a  of section 71 of part C of chapter 60 of the
 laws of 2014, amending the social services law relating to fair hearings
 within the Fully Integrated  Duals  Advantage  program,  as  amended  by
 section  7  of  part MM of chapter 56 of the laws of 2020, is amended to
 read as follows:
   4-a. section twenty-two of this act shall take effect April  1,  2014,
 and shall be deemed expired January 1, [2024] 2027;
   §  28.  Section  4  of  chapter  779 of the laws of 1986, amending the
 social services law relating to authorizing services  for  non-residents
 in  adult homes, residences for adults and enriched housing programs, as
 amended by section 1 of item PP of subpart B of part XXX of  chapter  58
 of the laws of 2020, is amended to read as follows:
   § 4. This act shall take effect on the one hundred twentieth day after
 it  shall  have  become  a law and shall remain in full force and effect
 until July 1, [2023] 2027, provided however, that effective immediately,
 the addition, amendment and/or repeal of any rules or regulations neces-
 sary for the implementation of the foregoing sections of this act on its
 effective date are authorized and directed to be made and  completed  on
 or before such effective date.
   §  29.  Section  11  of  chapter 884 of the laws of 1990, amending the
 public health law relating to authorizing  bad  debt  and  charity  care
 allowances  for  certified home health agencies, as amended by section 1
 of part S of chapter 57 of the laws of  2021,  is  amended  to  read  as
 follows:
   § 11. This act shall take effect immediately and:
   (a) sections one and three shall expire on December 31, 1996,
   (b)  sections  four  through ten shall expire on June 30, [2023] 2025,
 and
   (c) provided that the amendment to section 2807-b of the public health
 law by section two of this act shall not affect the expiration  of  such
 S. 4007--A                         20                         A. 3007--A
 
 section  2807-b  as  otherwise  provided  by  law and shall be deemed to
 expire therewith.
   §  30.  Subdivision  5-a  of  section 246 of chapter 81 of the laws of
 1995, amending the public health law and other laws relating to  medical
 reimbursement  and  welfare reform, as amended by section 3 of part S of
 chapter 57 of the laws of 2021, is amended to read as follows:
   5-a. Section sixty-four-a of this act shall be deemed to have been  in
 full  force and effect on and after April 1, 1995 through March 31, 1999
 and on and after July 1, 1999 through March 31, 2000 and  on  and  after
 April  1,  2000  through  March  31, 2003 and on and after April 1, 2003
 through March 31, 2007, and on and after April 1, 2007 through March 31,
 2009, and on and after April 1, 2009 through March 31, 2011, and on  and
 after  April  1,  2011 through March 31, 2013, and on and after April 1,
 2013 through March 31, 2015, and on and  after  April  1,  2015  through
 March  31,  2017  and on and after April 1, 2017 through March 31, 2019,
 and on and after April 1, 2019 through March 31, 2021, and on and  after
 April  1,  2021  through  March 31, 2023, AND ON AND AFTER APRIL 1, 2023
 THROUGH MARCH 31, 2027;
   § 31. Section 64-b of chapter 81 of the laws  of  1995,  amending  the
 public  health  law and other laws relating to medical reimbursement and
 welfare reform, as amended by section 4 of part S of chapter 57  of  the
 laws of 2021, is amended to read as follows:
   §  64-b.  Notwithstanding  any  inconsistent  provision  of  law,  the
 provisions of subdivision 7 of section 3614 of the public health law, as
 amended, shall remain and be in full force and effect on April  1,  1995
 through March 31, 1999 and on July 1, 1999 through March 31, 2000 and on
 and after April 1, 2000 through March 31, 2003 and on and after April 1,
 2003  through  March  31,  2007,  and on and after April 1, 2007 through
 March 31, 2009, and on and after April 1, 2009 through March  31,  2011,
 and  on and after April 1, 2011 through March 31, 2013, and on and after
 April 1, 2013 through March 31, 2015, and on and  after  April  1,  2015
 through  March 31, 2017 and on and after April 1, 2017 through March 31,
 2019, and on and after April 1, 2019 through March 31, 2021, and on  and
 after  April  1,  2021 through March 31, 2023, AND ON AND AFTER APRIL 1,
 2023 THROUGH MARCH 31, 2027.
   § 32. Section 4-a of part A of chapter 56 of the laws of 2013,  amend-
 ing  chapter  59  of the laws of 2011 amending the public health law and
 other laws relating to general hospital reimbursement for annual  rates,
 as  amended by section 5 of part S of chapter 57 of the laws of 2021, is
 amended to read as follows:
   § 4-a. Notwithstanding paragraph (c)  of  subdivision  10  of  section
 2807-c  of the public health law, section 21 of chapter 1 of the laws of
 1999, or any other contrary provision of law, in  determining  rates  of
 payments  by state governmental agencies effective for services provided
 on and after January 1, 2017 through March 31, [2023]  2025,  for  inpa-
 tient  and  outpatient services provided by general hospitals, for inpa-
 tient services and adult day health care outpatient services provided by
 residential health care facilities pursuant to article 28 of the  public
 health  law,  except  for residential health care facilities or units of
 such facilities providing services primarily to children  under  twenty-
 one  years  of  age,  for home health care services provided pursuant to
 article 36 of the public health law by certified home  health  agencies,
 long term home health care programs and AIDS home care programs, and for
 personal  care services provided pursuant to section 365-a of the social
 services law, the commissioner of health shall  apply  no  greater  than
 zero  trend  factors  attributable  to the 2017, 2018, 2019, 2020, 2021,
 S. 4007--A                         21                         A. 3007--A
 
 2022 [and], 2023, 2024 AND 2025 calendar years in accordance with  para-
 graph  (c) of subdivision 10 of section 2807-c of the public health law,
 provided, however, that such no greater than zero trend factors  attrib-
 utable  to such 2017, 2018, 2019, 2020, 2021, 2022 [and], 2023, 2024 AND
 2025 calendar years shall also be applied to rates of  payment  provided
 on  and after January 1, 2017 through March 31, [2023] 2025 for personal
 care services provided in those local social services districts, includ-
 ing New York city, whose rates of payment for such services  are  estab-
 lished  by  such local social services districts pursuant to a rate-set-
 ting exemption issued by the commissioner of health to such local social
 services  districts  in  accordance  with  applicable  regulations;  and
 provided further, however, that for rates of payment for assisted living
 program services provided on and after January 1, 2017 through March 31,
 [2023]  2025,  such  trend factors attributable to the 2017, 2018, 2019,
 2020, 2021, 2022 [and], 2023, 2024 AND  2025  calendar  years  shall  be
 established at no greater than zero percent.
   §  33. Subdivision 2 of section 246 of chapter 81 of the laws of 1995,
 amending the public health  law  and  other  laws  relating  to  medical
 reimbursement  and  welfare reform, as amended by section 6 of part S of
 chapter 57 of the laws of 2021, is amended to read as follows:
   2. Sections five, seven through nine,  twelve  through  fourteen,  and
 eighteen  of  this  act  shall  be deemed to have been in full force and
 effect on and after April 1, 1995 through March  31,  1999  and  on  and
 after July 1, 1999 through March 31, 2000 and on and after April 1, 2000
 through  March 31, 2003 and on and after April 1, 2003 through March 31,
 2006 and on and after April 1, 2006 through March 31, 2007  and  on  and
 after  April  1,  2007  through March 31, 2009 and on and after April 1,
 2009 through March 31, 2011 and sections twelve, thirteen  and  fourteen
 of  this act shall be deemed to be in full force and effect on and after
 April 1, 2011 through March 31, 2015 and on  and  after  April  1,  2015
 through  March 31, 2017 and on and after April 1, 2017 through March 31,
 2019, and on and after April 1, 2019 through March 31, 2021, and on  and
 after  April  1,  2021 through March 31, 2023, AND ON AND AFTER APRIL 1,
 2023 THROUGH MARCH 31, 2025;
   § 34. Subparagraph (vi) of paragraph (b) of subdivision 2  of  section
 2807-d  of  the public health law, as amended by section 11 of part S of
 chapter 57 of the laws of 2021, is amended to read as follows:
   (vi) Notwithstanding any contrary provision of this paragraph  or  any
 other  provision  of  law or regulation to the contrary, for residential
 health care facilities the assessment shall be six percent of each resi-
 dential health care facility's gross receipts received from all  patient
 care  services and other operating income on a cash basis for the period
 April first, two thousand two through March thirty-first,  two  thousand
 three  for  hospital  or  health-related  services,  including adult day
 services; provided, however, that residential  health  care  facilities'
 gross receipts attributable to payments received pursuant to title XVIII
 of the federal social security act (medicare) shall be excluded from the
 assessment; provided, however, that for all such gross receipts received
 on  or after April first, two thousand three through March thirty-first,
 two thousand five, such assessment shall be five  percent,  and  further
 provided  that  for  all  such gross receipts received on or after April
 first, two thousand five through March thirty-first, two thousand  nine,
 and  on  or  after  April first, two thousand nine through March thirty-
 first, two thousand eleven such assessment shall  be  six  percent,  and
 further  provided  that for all such gross receipts received on or after
 April first, two thousand eleven through March thirty-first,  two  thou-
 S. 4007--A                         22                         A. 3007--A
 
 sand thirteen such assessment shall be six percent, and further provided
 that  for  all such gross receipts received on or after April first, two
 thousand thirteen through March thirty-first, two thousand fifteen  such
 assessment  shall be six percent, and further provided that for all such
 gross receipts received on or after April first,  two  thousand  fifteen
 through March thirty-first, two thousand seventeen such assessment shall
 be  six  percent,  and further provided that for all such gross receipts
 received on or after April first, two thousand seventeen  through  March
 thirty-first,  two  thousand  nineteen  such  assessment  shall  be  six
 percent, and further provided that for all such gross receipts  received
 on  or  after  April  first, two thousand nineteen through March thirty-
 first, two thousand twenty-one such assessment shall be six percent, and
 further provided that for all such gross receipts received on  or  after
 April  first,  two  thousand  twenty-one through March thirty-first, two
 thousand twenty-three such assessment shall be six percent, AND  FURTHER
 PROVIDED  THAT  FOR  ALL  SUCH GROSS RECEIPTS RECEIVED ON OR AFTER APRIL
 FIRST, TWO THOUSAND TWENTY-THREE THROUGH MARCH THIRTY-FIRST,  TWO  THOU-
 SAND TWENTY-FIVE SUCH ASSESSMENT SHALL BE SIX PERCENT.
   §  35. Section 3 of part MM of chapter 57 of the laws of 2021 amending
 the public health law relating to aiding in the transition to  adulthood
 for  children  with  medical fragility living in pediatric nursing homes
 and other settings is amended to read as follows:
   § 3. This act shall take effect on the one hundred twentieth day after
 it shall have become a law; provided however, that section one  of  this
 act  shall  expire  and  be  deemed repealed [two] FOUR years after such
 effective date; and provided further, that section two of this act shall
 expire and be deemed repealed [three] FIVE years  after  such  effective
 date.
   §  36.  This  act shall take effect immediately and shall be deemed to
 have been in full force and effect on and after April 1, 2023; provided,
 however, that the amendments to subdivision 6  of  section  366  of  the
 social  services  law  made by section four of this act shall not affect
 the repeal of such subdivision and shall be deemed  repealed  therewith;
 provided  further,  however, that the amendments to subparagraph (ii) of
 paragraph (c) of subdivision 11 of section 230 of the public health  law
 made  by section ten of this act shall not affect the expiration of such
 subparagraph and shall be  deemed  to  expire  therewith;  and  provided
 further,  however, that the amendments to the opening paragraph of para-
 graph (e) of subdivision 7 of section 367-a of the social  services  law
 made  by  section twenty-four of this act shall not affect the repeal of
 such paragraph and shall be deemed repealed therewith.
 
                                  PART C
 
   Section 1.  Section 34 of part A3 of chapter 62 of the  laws  of  2003
 amending  the  general  business law and other laws relating to enacting
 major components necessary to implement the state fiscal  plan  for  the
 2003-04  state fiscal year, as amended by section 1 of part Y of chapter
 56 of the laws of 2020, is amended to read as follows:
   § 34. (1) Notwithstanding any inconsistent provision of law,  rule  or
 regulation  and  effective  April 1, 2008 through March 31, [2023] 2026,
 the commissioner of health is authorized to transfer and the state comp-
 troller is authorized and directed to receive for deposit to the  credit
 of  the department of health's special revenue fund - other, health care
 reform act (HCRA) resources fund - 061, provider  collection  monitoring
 account,  within  amounts  appropriated each year, those funds collected
 S. 4007--A                         23                         A. 3007--A
 
 and accumulated pursuant to section 2807-v of  the  public  health  law,
 including  income  from  invested  funds, for the purpose of payment for
 administrative costs of the department of  health  related  to  adminis-
 tration  of  statutory  duties  for  the  collections  and distributions
 authorized by section 2807-v of the public health law.
   (2) Notwithstanding any inconsistent provision of law, rule  or  regu-
 lation  and  effective  April 1, 2008 through March 31, [2023] 2026, the
 commissioner of health is authorized to transfer  and  the  state  comp-
 troller  is authorized and directed to receive for deposit to the credit
 of the department of health's special revenue fund - other, health  care
 reform  act  (HCRA) resources fund - 061, provider collection monitoring
 account, within amounts appropriated each year,  those  funds  collected
 and  accumulated  and interest earned through surcharges on payments for
 health care services pursuant to section 2807-s of the public health law
 and from assessments pursuant to section 2807-t of the public health law
 for the purpose of payment for administrative costs of the department of
 health related to administration of statutory duties for the collections
 and distributions authorized by sections 2807-s, 2807-t, and  2807-m  of
 the public health law.
   (3)  Notwithstanding  any inconsistent provision of law, rule or regu-
 lation and effective April 1, 2008 through March 31,  [2023]  2026,  the
 commissioner  of health is authorized to transfer and the comptroller is
 authorized to deposit, within  amounts  appropriated  each  year,  those
 funds  authorized  for distribution in accordance with the provisions of
 paragraph (a) of subdivision 1 of section 2807-l of  the  public  health
 law  for the purposes of payment for administrative costs of the depart-
 ment of health related  to  the  child  health  insurance  plan  program
 authorized  pursuant to title 1-A of article 25 of the public health law
 into the special revenue funds - other, health care  reform  act  (HCRA)
 resources fund - 061, child health insurance account, established within
 the department of health.
   (5)  Notwithstanding  any inconsistent provision of law, rule or regu-
 lation and effective April 1, 2008 through March 31,  [2023]  2026,  the
 commissioner  of health is authorized to transfer and the comptroller is
 authorized to deposit, within  amounts  appropriated  each  year,  those
 funds  allocated  pursuant  to paragraph (j) of subdivision 1 of section
 2807-v of the public health law for the purpose of payment for  adminis-
 trative  costs  of the department of health related to administration of
 the state's tobacco control programs and cancer services provided pursu-
 ant to sections 2807-r and 1399-ii of the public health  law  into  such
 accounts established within the department of health for such purposes.
   (6)  Notwithstanding  any inconsistent provision of law, rule or regu-
 lation and effective April 1, 2008 through March 31,  [2023]  2026,  the
 commissioner  of health is authorized to transfer and the comptroller is
 authorized to deposit, within amounts appropriated each year, the  funds
 authorized for distribution in accordance with the provisions of section
 2807-l of the public health law for the purposes of payment for adminis-
 trative costs of the department of health related to the programs funded
 pursuant  to  section  2807-l  of the public health law into the special
 revenue funds - other, health care reform act (HCRA)  resources  fund  -
 061,  pilot  health insurance account, established within the department
 of health.
   (7) Notwithstanding any inconsistent provision of law, rule  or  regu-
 lation  and  effective  April 1, 2008 through March 31, [2023] 2026, the
 commissioner of health is authorized to transfer and the comptroller  is
 authorized  to  deposit,  within  amounts  appropriated each year, those
 S. 4007--A                         24                         A. 3007--A
 
 funds authorized for distribution in accordance with the  provisions  of
 subparagraph  (ii)  of paragraph (f) of subdivision 19 of section 2807-c
 of the public health law from monies accumulated and interest earned  in
 the  bad  debt  and  charity care and capital statewide pools through an
 assessment charged to general hospitals pursuant to  the  provisions  of
 subdivision  18  of  section  2807-c  of the public health law and those
 funds authorized for distribution in accordance with the  provisions  of
 section  2807-l of the public health law for the purposes of payment for
 administrative costs of the department of  health  related  to  programs
 funded  under  section  2807-l of the public health law into the special
 revenue funds - other, health care reform act (HCRA)  resources  fund  -
 061, primary care initiatives account, established within the department
 of health.
   (8)  Notwithstanding  any inconsistent provision of law, rule or regu-
 lation and effective April 1, 2008 through March 31,  [2023]  2026,  the
 commissioner  of health is authorized to transfer and the comptroller is
 authorized to deposit, within  amounts  appropriated  each  year,  those
 funds  authorized  for distribution in accordance with section 2807-l of
 the public health law for the purposes  of  payment  for  administrative
 costs  of  the  department  of  health  related to programs funded under
 section 2807-l of the public health law into the special revenue funds -
 other, health care reform act (HCRA) resources fund - 061,  health  care
 delivery  administration  account,  established within the department of
 health.
   (9) Notwithstanding any inconsistent provision of law, rule  or  regu-
 lation  and  effective  April 1, 2008 through March 31, [2023] 2026, the
 commissioner of health is authorized to transfer and the comptroller  is
 authorized  to  deposit,  within  amounts  appropriated each year, those
 funds authorized pursuant to sections 2807-d, 3614-a and 3614-b  of  the
 public  health  law and section 367-i of the social services law and for
 distribution in accordance with  the  provisions  of  subdivision  9  of
 section  2807-j  of the public health law for the purpose of payment for
 administration of statutory duties for the collections and distributions
 authorized by sections 2807-c, 2807-d, 2807-j,  2807-k,  2807-l,  3614-a
 and  3614-b  of  the  public  health law and section 367-i of the social
 services law into the special revenue funds - other, health care  reform
 act (HCRA) resources fund - 061, provider collection monitoring account,
 established within the department of health.
   §  2.  Subparagraphs (iv) and (v) of paragraph (a) of subdivision 9 of
 section 2807-j of the public health law, as amended by section 2 of part
 Y of chapter 56 of the laws of 2020, are amended to read as follows:
   (iv) seven hundred sixty-five million dollars annually  of  the  funds
 accumulated for the periods January first, two thousand through December
 thirty-first, two thousand [twenty-two] TWENTY FIVE, and
   (v)  one hundred ninety-one million two hundred fifty thousand dollars
 of the funds accumulated for the  period  January  first,  two  thousand
 [twenty-three]  TWENTY-SIX  through  March  thirty-first,  two  thousand
 [twenty-three] TWENTY-SIX.
   § 3. Subdivision 5 of section 168 of chapter 639 of the laws of  1996,
 constituting  the New York Health Care Reform Act of 1996, as amended by
 section 3 of part Y of chapter 56 of the laws of  2020,  is  amended  to
 read as follows:
   5.  sections  2807-c,  2807-j,  2807-s and 2807-t of the public health
 law, as amended or as added by this act, shall expire  on  December  31,
 [2023]  2026,  and  shall be thereafter effective only in respect to any
 act done on or before such date or action or proceeding arising  out  of
 S. 4007--A                         25                         A. 3007--A

 such  act  including continued collections of funds from assessments and
 allowances and  surcharges  established  pursuant  to  sections  2807-c,
 2807-j,  2807-s  and 2807-t of the public health law, and administration
 and  distributions  of funds from pools established pursuant to sections
 2807-c, 2807-j, 2807-k, 2807-l, 2807-m, 2807-s and 2807-t of the  public
 health  law  related  to  patient  services provided before December 31,
 [2023] 2026, and continued expenditure of funds authorized for  programs
 and grants until the exhaustion of funds therefor;
   §  4.  Subdivision  1 of section 138 of chapter 1 of the laws of 1999,
 constituting the New York Health Care Reform Act of 2000, as amended  by
 section  4  of  part  Y of chapter 56 of the laws of 2020, is amended to
 read as follows:
   1. sections 2807-c, 2807-j, 2807-s, and 2807-t of  the  public  health
 law,  as  amended by this act, shall expire on December 31, [2023] 2026,
 and shall be thereafter effective only in respect to any act done before
 such date or action or proceeding arising  out  of  such  act  including
 continued  collections  of  funds  from  assessments  and allowances and
 surcharges established pursuant to sections 2807-c, 2807-j,  2807-s  and
 2807-t of the public health law, and administration and distributions of
 funds  from  pools  established  pursuant  to  sections  2807-c, 2807-j,
 2807-k, 2807-l, 2807-m, 2807-s, 2807-t, 2807-v and 2807-w of the  public
 health law, as amended or added by this act, related to patient services
 provided  before  December 31, [2023] 2026, and continued expenditure of
 funds authorized for programs and grants until the exhaustion  of  funds
 therefor;
   §  5. Section 2807-l of the public health law, as amended by section 5
 of part Y of chapter 56 of the laws of  2020,  is  amended  to  read  as
 follows:
   § 2807-l. Health care initiatives pool distributions. 1. Funds accumu-
 lated  in the health care initiatives pools pursuant to paragraph (b) of
 subdivision nine of section twenty-eight hundred seven-j of  this  arti-
 cle,  or  the  health  care reform act (HCRA) resources fund established
 pursuant to section ninety-two-dd of the state finance law, whichever is
 applicable, including income from invested funds, shall  be  distributed
 or retained by the commissioner or by the state comptroller, as applica-
 ble, in accordance with the following.
   (a)  Funds  shall  be  reserved  and accumulated from year to year and
 shall be available, including income from invested funds,  for  purposes
 of  distributions  to programs to provide health care coverage for unin-
 sured or underinsured children pursuant to sections twenty-five  hundred
 ten  and  twenty-five hundred eleven of this chapter from the respective
 health care initiatives pools established for the following  periods  in
 the following amounts:
   (i) from the pool for the period January first, nineteen hundred nine-
 ty-seven  through  December thirty-first, nineteen hundred ninety-seven,
 up to one hundred twenty million six hundred thousand dollars;
   (ii) from the pool for the  period  January  first,  nineteen  hundred
 ninety-eight  through  December  thirty-first,  nineteen hundred ninety-
 eight, up to  one  hundred  sixty-four  million  five  hundred  thousand
 dollars;
   (iii)  from  the  pool  for the period January first, nineteen hundred
 ninety-nine through December thirty-first, nineteen hundred ninety-nine,
 up to one hundred eighty-one million dollars;
   (iv) from the pool for the period January first, two thousand  through
 December thirty-first, two thousand, two hundred seven million dollars;
 S. 4007--A                         26                         A. 3007--A
 
   (v)  from  the  pool  for  the  period January first, two thousand one
 through December thirty-first, two thousand one, two hundred thirty-five
 million dollars;
   (vi)  from  the  pool  for  the period January first, two thousand two
 through December thirty-first, two thousand two, three  hundred  twenty-
 four million dollars;
   (vii)  from  the pool for the period January first, two thousand three
 through December thirty-first, two thousand three, up  to  four  hundred
 fifty million three hundred thousand dollars;
   (viii)  from  the pool for the period January first, two thousand four
 through December thirty-first, two thousand four,  up  to  four  hundred
 sixty million nine hundred thousand dollars;
   (ix)  from  the  pool  or  the health care reform act (HCRA) resources
 fund, whichever is applicable, for the period January first,  two  thou-
 sand  five  through  December thirty-first, two thousand five, up to one
 hundred fifty-three million eight hundred thousand dollars;
   (x) from the health care reform act  (HCRA)  resources  fund  for  the
 period  January  first,  two thousand six through December thirty-first,
 two thousand six, up to three hundred twenty-five million  four  hundred
 thousand dollars;
   (xi)  from  the  health  care reform act (HCRA) resources fund for the
 period January first, two thousand seven through December  thirty-first,
 two  thousand  seven, up to four hundred twenty-eight million fifty-nine
 thousand dollars;
   (xii) from the health care reform act (HCRA) resources  fund  for  the
 period  January first, two thousand eight through December thirty-first,
 two thousand ten, up to four hundred  fifty-three  million  six  hundred
 seventy-four thousand dollars annually;
   (xiii)  from  the health care reform act (HCRA) resources fund for the
 period January first, two thousand eleven, through  March  thirty-first,
 two  thousand  eleven,  up  to one hundred thirteen million four hundred
 eighteen thousand dollars;
   (xiv) from the health care reform act (HCRA) resources  fund  for  the
 period April first, two thousand eleven, through March thirty-first, two
 thousand  twelve,  up to three hundred twenty-four million seven hundred
 forty-four thousand dollars;
   (xv) from the health care reform act (HCRA)  resources  fund  for  the
 period April first, two thousand twelve, through March thirty-first, two
 thousand  thirteen,  up  to three hundred forty-six million four hundred
 forty-four thousand dollars;
   (xvi) from the health care reform act (HCRA) resources  fund  for  the
 period  April  first, two thousand thirteen, through March thirty-first,
 two thousand fourteen, up to three hundred seventy million  six  hundred
 ninety-five thousand dollars; and
   (xvii)  from the health care reform act (HCRA) resources fund for each
 state fiscal year for periods on and after  April  first,  two  thousand
 fourteen, within amounts appropriated.
   (b)  Funds  shall  be  reserved  and accumulated from year to year and
 shall be available, including income from invested funds,  for  purposes
 of  distributions  for  health  insurance  programs under the individual
 subsidy programs established pursuant to the expanded health care cover-
 age act of nineteen hundred eighty-eight as amended, and for  evaluation
 of  such  programs  from the respective health care initiatives pools or
 the health care reform act (HCRA) resources fund, whichever is  applica-
 ble, established for the following periods in the following amounts:
 S. 4007--A                         27                         A. 3007--A
 
   (i)  (A)  an amount not to exceed six million dollars on an annualized
 basis for the  periods  January  first,  nineteen  hundred  ninety-seven
 through  December  thirty-first, nineteen hundred ninety-nine; up to six
 million dollars for the  period  January  first,  two  thousand  through
 December  thirty-first, two thousand; up to five million dollars for the
 period January first, two thousand one  through  December  thirty-first,
 two  thousand  one;  up  to  four million dollars for the period January
 first, two thousand two through December thirty-first, two thousand two;
 up to two million six hundred thousand dollars for  the  period  January
 first,  two  thousand  three through December thirty-first, two thousand
 three; up to one million three hundred thousand dollars for  the  period
 January  first,  two  thousand  four  through December thirty-first, two
 thousand four; up to six hundred seventy thousand dollars for the period
 January first, two thousand five through June  thirtieth,  two  thousand
 five;  up  to  one million three hundred thousand dollars for the period
 April first, two thousand six through March thirty-first,  two  thousand
 seven; and up to one million three hundred thousand dollars annually for
 the  period  April first, two thousand seven through March thirty-first,
 two thousand nine, shall be allocated to  individual  subsidy  programs;
 and
   (B)  an  amount  not  to exceed seven million dollars on an annualized
 basis for the periods during the period January first, nineteen  hundred
 ninety-seven through December thirty-first, nineteen hundred ninety-nine
 and  four  million  dollars  annually for the periods January first, two
 thousand through December thirty-first,  two  thousand  two,  and  three
 million dollars for the period January first, two thousand three through
 December  thirty-first,  two thousand three, and two million dollars for
 the period January first, two thousand  four  through  December  thirty-
 first, two thousand four, and two million dollars for the period January
 first, two thousand five through June thirtieth, two thousand five shall
 be allocated to the catastrophic health care expense program.
   (ii) Notwithstanding any law to the contrary, the characterizations of
 the  New  York state small business health insurance partnership program
 as in effect prior  to  June  thirtieth,  two  thousand  three,  voucher
 program  as  in effect prior to December thirty-first, two thousand one,
 individual subsidy program as in effect prior  to  June  thirtieth,  two
 thousand  five,  and  catastrophic  health  care  expense program, as in
 effect prior to June thirtieth, two thousand five, may, for the purposes
 of identifying matching funds for the community health  care  conversion
 demonstration  project  described in a waiver of the provisions of title
 XIX of the federal social security act granted to the state of New  York
 and dated July fifteenth, nineteen hundred ninety-seven, may continue to
 be used to characterize the insurance programs in sections four thousand
 three  hundred  twenty-one-a,  four thousand three hundred twenty-two-a,
 four thousand three hundred twenty-six and four thousand  three  hundred
 twenty-seven of the insurance law, which are successor programs to these
 programs.
   (c)  Up to seventy-eight million dollars shall be reserved and accumu-
 lated from year to year from the pool  for  the  period  January  first,
 nineteen  hundred  ninety-seven  through December thirty-first, nineteen
 hundred ninety-seven, for purposes of  public  health  programs,  up  to
 seventy-six  million dollars shall be reserved and accumulated from year
 to year from the pools for the periods January first,  nineteen  hundred
 ninety-eight  through  December  thirty-first,  nineteen hundred ninety-
 eight and January first, nineteen hundred ninety-nine  through  December
 thirty-first,  nineteen  hundred  ninety-nine, up to eighty-four million
 S. 4007--A                         28                         A. 3007--A
 
 dollars shall be reserved and accumulated from year  to  year  from  the
 pools  for the period January first, two thousand through December thir-
 ty-first, two thousand, up  to  eighty-five  million  dollars  shall  be
 reserved and accumulated from year to year from the pools for the period
 January first, two thousand one through December thirty-first, two thou-
 sand one, up to eighty-six million dollars shall be reserved and accumu-
 lated from year to year from the pools for the period January first, two
 thousand  two  through  December  thirty-first,  two thousand two, up to
 eighty-six million one hundred fifty thousand dollars shall be  reserved
 and  accumulated from year to year from the pools for the period January
 first, two thousand three through December  thirty-first,  two  thousand
 three,  up  to fifty-eight million seven hundred eighty thousand dollars
 shall be reserved and accumulated from year to year from the  pools  for
 the  period  January  first,  two thousand four through December thirty-
 first, two thousand four, up to sixty-eight million seven hundred thirty
 thousand dollars shall be reserved and accumulated  from  year  to  year
 from  the  pools  or  the  health care reform act (HCRA) resources fund,
 whichever is applicable, for the period January first, two thousand five
 through December thirty-first, two  thousand  five,  up  to  ninety-four
 million three hundred fifty thousand dollars shall be reserved and accu-
 mulated  from  year  to  year  from  the  health  care reform act (HCRA)
 resources fund for the period January first, two  thousand  six  through
 December  thirty-first,  two  thousand  six,  up to seventy million nine
 hundred thirty-nine thousand dollars shall be reserved  and  accumulated
 from  year to year from the health care reform act (HCRA) resources fund
 for the period January first, two thousand seven through December  thir-
 ty-first,  two  thousand  seven,  up  to  fifty-five million six hundred
 eighty-nine thousand dollars annually shall be reserved and  accumulated
 from  year to year from the health care reform act (HCRA) resources fund
 for the period January first, two thousand eight through December  thir-
 ty-first,  two thousand ten, up to thirteen million nine hundred twenty-
 two thousand dollars shall be reserved and accumulated from year to year
 from the health care reform act (HCRA) resources  fund  for  the  period
 January first, two thousand eleven through March thirty-first, two thou-
 sand  eleven,  and  for  periods  on and after April first, two thousand
 eleven, up to funding amounts specified below and  shall  be  available,
 including income from invested funds, for:
   (i)  deposit by the commissioner, within amounts appropriated, and the
 state comptroller is hereby  authorized  and  directed  to  receive  for
 deposit  to, to the credit of the department of health's special revenue
 fund - other, hospital based grants program account or the  health  care
 reform  act (HCRA) resources fund, whichever is applicable, for purposes
 of services  and  expenses  related  to  general  hospital  based  grant
 programs,  up  to  twenty-two million dollars annually from the nineteen
 hundred ninety-seven pool, nineteen hundred ninety-eight pool,  nineteen
 hundred  ninety-nine  pool, two thousand pool, two thousand one pool and
 two thousand two pool, respectively, up to  twenty-two  million  dollars
 from  the  two  thousand  three  pool, up to ten million dollars for the
 period January first, two thousand four through  December  thirty-first,
 two  thousand  four, up to eleven million dollars for the period January
 first, two thousand five through  December  thirty-first,  two  thousand
 five, up to twenty-two million dollars for the period January first, two
 thousand  six  through  December  thirty-first,  two thousand six, up to
 twenty-two million ninety-seven thousand dollars annually for the period
 January first, two thousand seven  through  December  thirty-first,  two
 thousand  ten,  up  to  five  million  five hundred twenty-four thousand
 S. 4007--A                         29                         A. 3007--A
 
 dollars for the period January first, two thousand eleven through  March
 thirty-first,  two  thousand eleven, up to thirteen million four hundred
 forty-five thousand dollars for the period  April  first,  two  thousand
 eleven  through March thirty-first, two thousand twelve, and up to thir-
 teen million three hundred  seventy-five  thousand  dollars  each  state
 fiscal  year  for  the  period  April first, two thousand twelve through
 March thirty-first, two thousand fourteen;
   (ii) deposit by the commissioner, within amounts appropriated, and the
 state comptroller is hereby  authorized  and  directed  to  receive  for
 deposit  to,  to  the  credit of the emergency medical services training
 account established in section ninety-seven-q of the state  finance  law
 or the health care reform act (HCRA) resources fund, whichever is appli-
 cable,  up  to  sixteen  million  dollars on an annualized basis for the
 periods January first, nineteen hundred  ninety-seven  through  December
 thirty-first, nineteen hundred ninety-nine, up to twenty million dollars
 for  the  period  January  first,  two thousand through December thirty-
 first, two thousand, up to twenty-one million  dollars  for  the  period
 January first, two thousand one through December thirty-first, two thou-
 sand one, up to twenty-two million dollars for the period January first,
 two  thousand two through December thirty-first, two thousand two, up to
 twenty-two million five hundred fifty thousand dollars  for  the  period
 January  first,  two  thousand  three through December thirty-first, two
 thousand three, up to nine million six hundred eighty  thousand  dollars
 for  the  period January first, two thousand four through December thir-
 ty-first, two thousand four, up to twelve  million  one  hundred  thirty
 thousand dollars for the period January first, two thousand five through
 December  thirty-first, two thousand five, up to twenty-four million two
 hundred fifty thousand dollars for the period January first,  two  thou-
 sand  six  through December thirty-first, two thousand six, up to twenty
 million four hundred ninety-two thousand dollars annually for the period
 January first, two thousand seven  through  December  thirty-first,  two
 thousand  ten,  up  to  five  million  one hundred twenty-three thousand
 dollars for the period January first, two thousand eleven through  March
 thirty-first,  two thousand eleven, up to eighteen million three hundred
 fifty thousand dollars for the period April first, two  thousand  eleven
 through  March thirty-first, two thousand twelve, up to eighteen million
 nine hundred fifty thousand dollars for  the  period  April  first,  two
 thousand twelve through March thirty-first, two thousand thirteen, up to
 nineteen  million  four hundred nineteen thousand dollars for the period
 April first, two thousand thirteen through March thirty-first, two thou-
 sand fourteen, and up to nineteen million six hundred  fifty-nine  thou-
 sand  seven  hundred  dollars  each  state fiscal year for the period of
 April first, two thousand fourteen through March thirty-first, two thou-
 sand [twenty-three] TWENTY-SIX;
   (iii) priority distributions by  the  commissioner  up  to  thirty-two
 million dollars on an annualized basis for the period January first, two
 thousand  through  December thirty-first, two thousand four, up to thir-
 ty-eight million dollars on an annualized basis for the  period  January
 first,  two  thousand  five  through December thirty-first, two thousand
 six, up to eighteen million two hundred fifty thousand dollars  for  the
 period  January first, two thousand seven through December thirty-first,
 two thousand seven, up to three million dollars annually for the  period
 January  first,  two  thousand  eight through December thirty-first, two
 thousand ten, up to seven hundred fifty thousand dollars for the  period
 January first, two thousand eleven through March thirty-first, two thou-
 sand  eleven, up to two million nine hundred thousand dollars each state
 S. 4007--A                         30                         A. 3007--A

 fiscal year for the period April  first,  two  thousand  eleven  through
 March  thirty-first,  two  thousand fourteen, and up to two million nine
 hundred thousand dollars each state fiscal year  for  the  period  April
 first,  two  thousand  fourteen through March thirty-first, two thousand
 [twenty-three] TWENTY-SIX to be allocated (A) for  the  purposes  estab-
 lished  pursuant  to  subparagraph  (ii) of paragraph (f) of subdivision
 nineteen of section twenty-eight hundred seven-c of this article  as  in
 effect  on December thirty-first, nineteen hundred ninety-six and as may
 thereafter be amended, up to fifteen million dollars  annually  for  the
 periods  January  first, two thousand through December thirty-first, two
 thousand four, up to twenty-one million dollars annually for the  period
 January  first,  two  thousand  five  through December thirty-first, two
 thousand six, and up to seven million five hundred thousand dollars  for
 the period January first, two thousand seven through March thirty-first,
 two thousand seven;
   (B)  pursuant  to  a  memorandum  of understanding entered into by the
 commissioner, the majority leader of the senate and the speaker  of  the
 assembly,  for  the purposes outlined in such memorandum upon the recom-
 mendation of the majority leader  of the senate,  up  to  eight  million
 five hundred thousand dollars annually for the period January first, two
 thousand through December thirty-first, two thousand six, and up to four
 million two hundred fifty thousand dollars for the period January first,
 two  thousand  seven through June thirtieth, two thousand seven, and for
 the purposes outlined in such memorandum upon the recommendation of  the
 speaker  of  the  assembly,  up  to  eight million five hundred thousand
 dollars annually for the periods January  first,  two  thousand  through
 December  thirty-first,  two  thousand  six,  and up to four million two
 hundred fifty thousand dollars for the period January first,  two  thou-
 sand seven through June thirtieth, two thousand seven; and
   (C)  for services and expenses, including grants, related to emergency
 assistance distributions as designated by the  commissioner.    Notwith-
 standing  section  one  hundred twelve or one hundred sixty-three of the
 state finance law or any other contrary provision of law, such  distrib-
 utions shall be limited to providers or programs where, as determined by
 the  commissioner,  emergency assistance is vital to protect the life or
 safety of patients, to ensure the retention of  facility  caregivers  or
 other  staff, or in instances where health facility operations are jeop-
 ardized, or where the public health is jeopardized  or  other  emergency
 situations  exist,  up  to three million dollars annually for the period
 April first, two thousand seven through March thirty-first, two thousand
 eleven, up to two million  nine  hundred  thousand  dollars  each  state
 fiscal  year  for  the  period  April first, two thousand eleven through
 March thirty-first, two  thousand  fourteen,  up  to  two  million  nine
 hundred  thousand  dollars  each  state fiscal year for the period April
 first, two thousand fourteen through March  thirty-first,  two  thousand
 seventeen,  up  to  two million nine hundred thousand dollars each state
 fiscal year for the period April first, two thousand  seventeen  through
 March  thirty-first,  two  thousand twenty, [and] up to two million nine
 hundred thousand dollars each state fiscal year  for  the  period  April
 first,  two  thousand  twenty  through  March thirty-first, two thousand
 twenty-three, AND UP TO TWO MILLION NINE HUNDRED THOUSAND  DOLLARS  EACH
 STATE  FISCAL YEAR FOR THE PERIOD APRIL FIRST, TWO THOUSAND TWENTY-THREE
 THROUGH MARCH THIRTY-FIRST, TWO THOUSAND TWENTY-SIX. Upon  any  distrib-
 ution of such funds, the commissioner shall immediately notify the chair
 and  ranking minority member of the senate finance committee, the assem-
 S. 4007--A                         31                         A. 3007--A
 
 bly ways and means committee, the senate committee on  health,  and  the
 assembly committee on health;
   (iv)  distributions  by  the  commissioner  related  to poison control
 centers pursuant to subdivision seven of section  twenty-five  hundred-d
 of  this  chapter,  up  to  five  million dollars for the period January
 first, nineteen  hundred  ninety-seven  through  December  thirty-first,
 nineteen hundred ninety-seven, up to three million dollars on an annual-
 ized  basis  for  the  periods during the period January first, nineteen
 hundred ninety-eight through  December  thirty-first,  nineteen  hundred
 ninety-nine, up to five million dollars annually for the periods January
 first,  two thousand through December thirty-first, two thousand two, up
 to four million six hundred thousand dollars annually  for  the  periods
 January  first,  two  thousand  three through December thirty-first, two
 thousand four, up to five million one hundred thousand dollars  for  the
 period  January  first, two thousand five through December thirty-first,
 two thousand six annually, up  to  five  million  one  hundred  thousand
 dollars  annually  for  the  period  January  first,  two thousand seven
 through December thirty-first, two thousand nine, up  to  three  million
 six  hundred thousand dollars for the period January first, two thousand
 ten through December thirty-first, two thousand ten, up to seven hundred
 seventy-five thousand dollars for the period January first, two thousand
 eleven through March  thirty-first,  two  thousand  eleven,  up  to  two
 million  five  hundred  thousand  dollars each state fiscal year for the
 period April first, two thousand eleven through March thirty-first,  two
 thousand  fourteen,  up  to three million dollars each state fiscal year
 for the period April first, two thousand fourteen through March  thirty-
 first,  two  thousand  seventeen, up to three million dollars each state
 fiscal year for the period April first, two thousand  seventeen  through
 March  thirty-first,  two  thousand  twenty,  [and]  up to three million
 dollars each state fiscal year for the period April first, two  thousand
 twenty  through March thirty-first, two thousand twenty-three, AND UP TO
 THREE MILLION DOLLARS EACH STATE FISCAL YEAR FOR THE PERIOD APRIL FIRST,
 TWO THOUSAND TWENTY-THREE THROUGH MARCH THIRTY-FIRST, TWO THOUSAND TWEN-
 TY-SIX; and
   (v) deposit by the commissioner, within amounts appropriated, and  the
 state  comptroller  is  hereby  authorized  and  directed to receive for
 deposit to, to the credit of the department of health's special  revenue
 fund  -  other,  miscellaneous  special  revenue fund - 339 maternal and
 child HIV  services  account  or  the  health  care  reform  act  (HCRA)
 resources  fund,  whichever  is  applicable,  for  purposes of a special
 program for HIV services for women and children,  including  adolescents
 pursuant  to  section  twenty-five  hundred-f-one of this chapter, up to
 five million dollars annually for the periods January first,  two  thou-
 sand through December thirty-first, two thousand two, up to five million
 dollars  for the period January first, two thousand three through Decem-
 ber thirty-first, two thousand three, up to  two  million  five  hundred
 thousand dollars for the period January first, two thousand four through
 December thirty-first, two thousand four, up to two million five hundred
 thousand dollars for the period January first, two thousand five through
 December thirty-first, two thousand five, up to five million dollars for
 the  period  January  first,  two  thousand six through December thirty-
 first, two thousand six, up to five million  dollars  annually  for  the
 period  January first, two thousand seven through December thirty-first,
 two thousand ten, up to one million two hundred fifty  thousand  dollars
 for  the period January first, two thousand eleven through March thirty-
 first, two thousand eleven, and up to five million  dollars  each  state
 S. 4007--A                         32                         A. 3007--A
 
 fiscal  year  for  the  period  April first, two thousand eleven through
 March thirty-first, two thousand fourteen;
   (d)  (i)  An  amount  of up to twenty million dollars annually for the
 period January first, two thousand through  December  thirty-first,  two
 thousand  six,  up  to ten million dollars for the period January first,
 two thousand seven through June thirtieth, two  thousand  seven,  up  to
 twenty  million dollars annually for the period January first, two thou-
 sand eight through December thirty-first, two thousand ten, up  to  five
 million  dollars  for  the  period  January  first,  two thousand eleven
 through March thirty-first, two thousand eleven, up to nineteen  million
 six hundred thousand dollars each state fiscal year for the period April
 first,  two  thousand  eleven  through  March thirty-first, two thousand
 fourteen, up to nineteen million six hundred thousand dollars each state
 fiscal year for the period April first, two  thousand  fourteen  through
 March  thirty-first,  two thousand seventeen, up to nineteen million six
 hundred thousand dollars each state fiscal year for the period of  April
 first,  two  thousand seventeen through March thirty-first, two thousand
 twenty, [and] up to nineteen million six hundred thousand  dollars  each
 state  fiscal  year  for  the period of April first, two thousand twenty
 through March thirty-first, two thousand twenty-three, AND UP  TO  NINE-
 TEEN MILLION SIX HUNDRED THOUSAND DOLLARS EACH STATE FISCAL YEAR FOR THE
 PERIOD  OF  APRIL FIRST, TWO THOUSAND TWENTY-THREE THROUGH MARCH THIRTY-
 FIRST, TWO THOUSAND TWENTY-SIX,  shall  be  transferred  to  the  health
 facility restructuring pool established pursuant to section twenty-eight
 hundred fifteen of this article;
   (ii)  provided,  however, amounts transferred pursuant to subparagraph
 (i) of this paragraph may be reduced in an amount to be approved by  the
 director  of  the budget to reflect the amount received from the federal
 government under the state's 1115 waiver which  is  directed  under  its
 terms and conditions to the health facility restructuring program.
   (f) Funds shall be accumulated and transferred from as follows:
   (i) from the pool for the period January first, nineteen hundred nine-
 ty-seven  through  December thirty-first, nineteen hundred ninety-seven,
 (A) thirty-four million  six hundred thousand dollars  shall  be  trans-
 ferred  to  funds  reserved and accumulated pursuant to paragraph (b) of
 subdivision nineteen of section twenty-eight  hundred  seven-c  of  this
 article,  and  (B)  eighty-two  million dollars shall be transferred and
 deposited and credited to the credit of the state general  fund  medical
 assistance local assistance account;
   (ii)  from  the  pool  for  the period January first, nineteen hundred
 ninety-eight through December  thirty-first,  nineteen  hundred  ninety-
 eight, eighty-two million dollars shall be transferred and deposited and
 credited  to  the  credit  of  the state general fund medical assistance
 local assistance account;
   (iii) from the pool for the period  January  first,  nineteen  hundred
 ninety-nine through December thirty-first, nineteen hundred ninety-nine,
 eighty-two  million dollars shall be transferred and deposited and cred-
 ited to the credit of the state general fund  medical  assistance  local
 assistance account;
   (iv)  from  the  pool  or  the health care reform act (HCRA) resources
 fund, whichever is applicable, for the period January first,  two  thou-
 sand  through  December  thirty-first,  two  thousand  four,  eighty-two
 million dollars annually, and for the period January first, two thousand
 five  through  December  thirty-first,  two  thousand  five,  eighty-two
 million  dollars,  and  for  the  period January first, two thousand six
 through December thirty-first,  two  thousand  six,  eighty-two  million
 S. 4007--A                         33                         A. 3007--A
 
 dollars,  and  for  the period January first, two thousand seven through
 December thirty-first, two thousand seven, eighty-two  million  dollars,
 and  for  the  period January first, two thousand eight through December
 thirty-first,  two thousand eight, ninety million seven hundred thousand
 dollars shall be deposited by the  commissioner,  and  the  state  comp-
 troller  is hereby authorized and directed to receive for deposit to the
 credit of the state special revenue fund - other,  HCRA  transfer  fund,
 medical assistance account;
   (v)  from  the  health  care  reform act (HCRA) resources fund for the
 period January first, two thousand nine through  December  thirty-first,
 two  thousand  nine, one hundred eight million nine hundred seventy-five
 thousand dollars, and for the period January  first,  two  thousand  ten
 through  December thirty-first, two thousand ten, one hundred twenty-six
 million one hundred thousand dollars, for the period January first,  two
 thousand  eleven through March thirty-first, two thousand eleven, twenty
 million five hundred thousand dollars, and for each  state  fiscal  year
 for  the  period  April first, two thousand eleven through March thirty-
 first, two thousand fourteen, one hundred forty-six million four hundred
 thousand dollars, shall be deposited by the commissioner, and the  state
 comptroller is hereby authorized and directed to receive for deposit, to
 the  credit  of  the  state  special revenue fund - other, HCRA transfer
 fund, medical assistance account.
   (g) Funds shall be transferred to primary health care  services  pools
 created  by  the  commissioner, and shall be available, including income
 from invested funds, for distributions in accordance with former section
 twenty-eight hundred seven-bb of this article from the respective health
 care initiatives pools  for  the  following  periods  in  the  following
 percentage  amounts  of  funds remaining after allocations in accordance
 with paragraphs (a) through (f) of this subdivision:
   (i) from the pool for the period January first, nineteen hundred nine-
 ty-seven through December thirty-first, nineteen  hundred  ninety-seven,
 fifteen and eighty-seven-hundredths percent;
   (ii)  from  the  pool  for  the period January first, nineteen hundred
 ninety-eight through December  thirty-first,  nineteen  hundred  ninety-
 eight, fifteen and eighty-seven-hundredths percent; and
   (iii)  from  the  pool  for the period January first, nineteen hundred
 ninety-nine through December thirty-first, nineteen hundred ninety-nine,
 sixteen and thirteen-hundredths percent.
   (h) Funds shall be reserved and accumulated from year to year  by  the
 commissioner  and  shall  be  available,  including income from invested
 funds, for purposes of primary care education and training  pursuant  to
 article nine of this chapter from the respective health care initiatives
 pools  established for the following periods in the following percentage
 amounts of funds remaining after allocations in  accordance  with  para-
 graphs  (a)  through  (f) of this subdivision and shall be available for
 distributions as follows:
   (i) funds shall be reserved and accumulated:
   (A) from the pool for the period January first, nineteen hundred nine-
 ty-seven through December thirty-first, nineteen  hundred  ninety-seven,
 six and thirty-five-hundredths percent;
   (B) from the pool for the period January first, nineteen hundred nine-
 ty-eight  through  December thirty-first, nineteen hundred ninety-eight,
 six and thirty-five-hundredths percent; and
   (C) from the pool for the period January first, nineteen hundred nine-
 ty-nine through December thirty-first, nineteen hundred ninety-nine, six
 and forty-five-hundredths percent;
 S. 4007--A                         34                         A. 3007--A
 
   (ii) funds shall be available for distributions including income  from
 invested funds as follows:
   (A)  for purposes of the primary care physician loan repayment program
 in accordance with section nine hundred three of  this  chapter,  up  to
 five million dollars on an annualized basis;
   (B)  for purposes of the primary care practitioner scholarship program
 in accordance with section nine hundred four of this chapter, up to  two
 million dollars on an annualized basis;
   (C) for purposes of minority participation in medical education grants
 in  accordance  with section nine hundred six of this chapter, up to one
 million dollars on an annualized basis; and
   (D) provided, however, that the commissioner may reallocate any  funds
 remaining  or unallocated for distributions for the primary care practi-
 tioner scholarship program in accordance with section nine hundred  four
 of this chapter.
   (i)  Funds  shall  be  reserved  and accumulated from year to year and
 shall be available, including income from invested funds,  for  distrib-
 utions  in  accordance  with  section  twenty-nine hundred fifty-two and
 section twenty-nine hundred fifty-eight of this chapter for rural health
 care delivery development and  rural  health  care  access  development,
 respectively,  from  the respective health care initiatives pools or the
 health care reform act (HCRA) resources fund, whichever  is  applicable,
 for  the  following periods in the following percentage amounts of funds
 remaining after allocations in accordance with  paragraphs  (a)  through
 (f) of this subdivision, and for periods on and after January first, two
 thousand, in the following amounts:
   (i) from the pool for the period January first, nineteen hundred nine-
 ty-seven  through  December thirty-first, nineteen hundred ninety-seven,
 thirteen and forty-nine-hundredths percent;
   (ii) from the pool for the  period  January  first,  nineteen  hundred
 ninety-eight  through  December  thirty-first,  nineteen hundred ninety-
 eight, thirteen and forty-nine-hundredths percent;
   (iii) from the pool for the period  January  first,  nineteen  hundred
 ninety-nine through December thirty-first, nineteen hundred ninety-nine,
 thirteen and seventy-one-hundredths percent;
   (iv) from the pool for the periods January first, two thousand through
 December thirty-first, two thousand two, seventeen million dollars annu-
 ally,  and  for  the  period  January  first, two thousand three through
 December thirty-first, two thousand three, up to fifteen  million  eight
 hundred fifty thousand dollars;
   (v) from the pool or the health care reform act (HCRA) resources fund,
 whichever is applicable, for the period January first, two thousand four
 through  December thirty-first, two thousand four, up to fifteen million
 eight hundred fifty thousand dollars, for the period January first,  two
 thousand  five  through  December thirty-first, two thousand five, up to
 nineteen million two hundred thousand dollars, for  the  period  January
 first, two thousand six through December thirty-first, two thousand six,
 up  to  nineteen  million  two  hundred thousand dollars, for the period
 January first, two thousand seven  through  December  thirty-first,  two
 thousand  ten, up to eighteen million one hundred fifty thousand dollars
 annually, for the period January  first,  two  thousand  eleven  through
 March thirty-first, two thousand eleven, up to four million five hundred
 thirty-eight thousand dollars, for each state fiscal year for the period
 April  first,  two thousand eleven through March thirty-first, two thou-
 sand fourteen, up to sixteen million two hundred thousand dollars, up to
 sixteen million two hundred thousand dollars each state fiscal year  for
 S. 4007--A                         35                         A. 3007--A
 
 the  period  April  first,  two  thousand fourteen through March thirty-
 first, two thousand seventeen, up to sixteen million two  hundred  thou-
 sand  dollars  each  state  fiscal  year for the period April first, two
 thousand  seventeen  through  March  thirty-first,  two thousand twenty,
 [and] up to sixteen million two  hundred  thousand  dollars  each  state
 fiscal  year  for  the  period  April first, two thousand twenty through
 March thirty-first, two thousand twenty-three, AND UP TO SIXTEEN MILLION
 TWO HUNDRED THOUSAND DOLLARS EACH STATE FISCAL YEAR FOR THE PERIOD APRIL
 FIRST, TWO THOUSAND TWENTY-THREE THROUGH MARCH THIRTY-FIRST,  TWO  THOU-
 SAND TWENTY-SIX.
   (j)  Funds  shall  be  reserved  and accumulated from year to year and
 shall be available, including income from invested funds,  for  purposes
 of  distributions  related to health information and health care quality
 improvement pursuant to former section twenty-eight hundred  seven-n  of
 this  article  from  the respective health care initiatives pools estab-
 lished for the following periods in the following percentage amounts  of
 funds  remaining  after  allocations  in  accordance with paragraphs (a)
 through (f) of this subdivision:
   (i) from the pool for the period January first, nineteen hundred nine-
 ty-seven through December thirty-first, nineteen  hundred  ninety-seven,
 six and thirty-five-hundredths percent;
   (ii)  from  the  pool  for  the period January first, nineteen hundred
 ninety-eight through December  thirty-first,  nineteen  hundred  ninety-
 eight, six and thirty-five-hundredths percent; and
   (iii)  from  the  pool  for the period January first, nineteen hundred
 ninety-nine through December thirty-first, nineteen hundred ninety-nine,
 six and forty-five-hundredths percent.
   (k) Funds shall be reserved and accumulated  from  year  to  year  and
 shall  be  available,  including  income  from invested funds, for allo-
 cations  and  distributions  in  accordance  with  section  twenty-eight
 hundred  seven-p  of  this  article  for diagnostic and treatment center
 uncompensated care from the respective health care initiatives pools  or
 the  health care reform act (HCRA) resources fund, whichever is applica-
 ble, for the following periods in the following percentage   amounts  of
 funds  remaining  after  allocations  in  accordance with paragraphs (a)
 through (f) of this subdivision, and for periods on  and  after  January
 first, two thousand, in the following amounts:
   (i) from the pool for the period January first, nineteen hundred nine-
 ty-seven  through  December thirty-first, nineteen hundred ninety-seven,
 thirty-eight and one-tenth percent;
   (ii) from the pool for the  period  January  first,  nineteen  hundred
 ninety-eight  through  December  thirty-first,  nineteen hundred ninety-
 eight, thirty-eight and one-tenth percent;
   (iii) from the pool for the period  January  first,  nineteen  hundred
 ninety-nine through December thirty-first, nineteen hundred ninety-nine,
 thirty-eight and seventy-one-hundredths percent;
   (iv) from the pool for the periods January first, two thousand through
 December  thirty-first,  two  thousand  two, forty-eight million dollars
 annually, and for the period January first, two thousand  three  through
 June thirtieth, two thousand three, twenty-four million dollars;
   (v)  (A)  from the pool or the health care reform act (HCRA) resources
 fund, whichever is applicable, for the period July first,  two  thousand
 three  through  December  thirty-first,  two  thousand  three, up to six
 million dollars, for the period January first, two thousand four through
 December thirty-first, two thousand six, up to  twelve  million  dollars
 annually,  for  the  period  January  first,  two thousand seven through
 S. 4007--A                         36                         A. 3007--A
 
 December thirty-first, two thousand thirteen, up to forty-eight  million
 dollars  annually,  for  the period January first, two thousand fourteen
 through March thirty-first, two thousand fourteen, up to twelve  million
 dollars  for the period April first, two thousand fourteen through March
 thirty-first, two thousand seventeen, up to forty-eight million  dollars
 annually,  for  the  period  April first, two thousand seventeen through
 March thirty-first, two  thousand  twenty,  up  to  forty-eight  million
 dollars  annually, [and] for the period April first, two thousand twenty
 through March thirty-first, two thousand twenty-three, up to forty-eight
 million dollars annually, AND FOR THE PERIOD APRIL FIRST,  TWO  THOUSAND
 TWENTY-THREE  THROUGH MARCH THIRTY-FIRST, TWO THOUSAND TWENTY-SIX, UP TO
 FORTY-EIGHT MILLION DOLLARS ANNUALLY;
   (B) from the health care reform act  (HCRA)  resources  fund  for  the
 period  January  first,  two thousand six through December thirty-first,
 two thousand six, an additional  seven  million  five  hundred  thousand
 dollars, for the period January first, two thousand seven through Decem-
 ber  thirty-first,  two  thousand  thirteen, an additional seven million
 five hundred thousand dollars annually, for the  period  January  first,
 two thousand fourteen through March thirty-first, two thousand fourteen,
 an  additional  one million eight hundred seventy-five thousand dollars,
 for the period April first, two thousand fourteen through March  thirty-
 first,  two thousand seventeen, an additional seven million five hundred
 thousand dollars annually, for the  period  April  first,  two  thousand
 seventeen through March thirty-first, two thousand twenty, an additional
 seven  million  five  hundred  thousand  dollars annually, [and] for the
 period April first, two thousand twenty through March thirty-first,  two
 thousand twenty-three, an additional seven million five hundred thousand
 dollars  annually,  AND FOR THE PERIOD APRIL FIRST, TWO THOUSAND TWENTY-
 THREE THROUGH MARCH THIRTY-FIRST, TWO THOUSAND TWENTY-SIX, AN ADDITIONAL
 SEVEN MILLION FIVE HUNDRED THOUSAND DOLLARS ANNUALLY for voluntary  non-
 profit  diagnostic and treatment center uncompensated care in accordance
 with subdivision four-c of section twenty-eight hundred seven-p of  this
 article; and
   (vi)  funds  reserved  and  accumulated pursuant to this paragraph for
 periods on and after July first, two thousand three, shall be  deposited
 by  the  commissioner,  within amounts appropriated, and the state comp-
 troller is hereby authorized and directed to receive for deposit to  the
 credit  of  the state special revenue funds - other, HCRA transfer fund,
 medical assistance account, for purposes of funding the state  share  of
 rate  adjustments  made pursuant to section twenty-eight hundred seven-p
 of this article, provided, however, that in the event federal  financial
 participation  is  not  available  for rate adjustments made pursuant to
 paragraph (b) of subdivision one of section twenty-eight hundred seven-p
 of this article, funds shall be distributed pursuant to paragraph (a) of
 subdivision one of section twenty-eight hundred seven-p of this  article
 from  the  respective  health  care initiatives pools or the health care
 reform act (HCRA) resources fund, whichever is applicable.
   (l) Funds shall be reserved and accumulated from year to year  by  the
 commissioner  and  shall  be  available,  including income from invested
 funds, for transfer to and allocation  for services and expenses for the
 payment of benefits to recipients of  drugs under the AIDS drug  assist-
 ance  program  (ADAP)  -  HIV  uninsured care program as administered by
 Health Research Incorporated from the  respective   health  care  initi-
 atives pools or the health care reform act (HCRA) resources fund, which-
 ever is applicable, established for the following periods in the follow-
 ing   percentage   amounts  of  funds  remaining  after  allocations  in
 S. 4007--A                         37                         A. 3007--A
 
 accordance with paragraphs (a) through (f) of this subdivision, and  for
 periods  on  and  after  January  first,  two thousand, in the following
 amounts:
   (i) from the pool for the period January first, nineteen hundred nine-
 ty-seven  through  December thirty-first, nineteen hundred ninety-seven,
 nine and fifty-two-hundredths percent;
   (ii) from the pool for the  period  January  first,  nineteen  hundred
 ninety-eight  through  December  thirty-first,  nineteen hundred ninety-
 eight, nine and fifty-two-hundredths percent;
   (iii) from the pool for the period  January  first,  nineteen  hundred
 ninety-nine  and  December  thirty-first,  nineteen hundred ninety-nine,
 nine and sixty-eight-hundredths percent;
   (iv) from the pool for the periods January first, two thousand through
 December thirty-first, two thousand two, up to  twelve  million  dollars
 annually,  and  for the period January first, two thousand three through
 December thirty-first, two thousand three, up to forty million  dollars;
 and
   (v) from the pool or the health care reform act (HCRA) resources fund,
 whichever  is  applicable,  for  the periods January first, two thousand
 four through December thirty-first, two thousand four, up  to  fifty-six
 million dollars, for the period January first, two thousand five through
 December  thirty-first,  two  thousand  six, up to sixty million dollars
 annually, for the period  January  first,  two  thousand  seven  through
 December  thirty-first,  two  thousand  ten, up to sixty million dollars
 annually, for the period January  first,  two  thousand  eleven  through
 March  thirty-first, two thousand eleven, up to fifteen million dollars,
 each state fiscal year for the period April first, two  thousand  eleven
 through  March  thirty-first,  two  thousand  fourteen,  up to forty-two
 million three hundred thousand dollars and up to forty-one million fifty
 thousand dollars each state fiscal year for the period April first,  two
 thousand  fourteen  through  March  thirty-first,  two thousand [twenty-
 three] TWENTY-SIX.
   (m) Funds shall be reserved and accumulated  from  year  to  year  and
 shall  be  available, including income from invested funds, for purposes
 of distributions pursuant to section  twenty-eight  hundred  seven-r  of
 this article for cancer related services from the respective health care
 initiatives  pools  or the health care reform act (HCRA) resources fund,
 whichever is applicable, established for the following  periods  in  the
 following  percentage  amounts  of  funds remaining after allocations in
 accordance with paragraphs (a) through (f) of this subdivision, and  for
 periods  on  and  after  January  first,  two thousand, in the following
 amounts:
   (i) from the pool for the period January first, nineteen hundred nine-
 ty-seven through December thirty-first, nineteen  hundred  ninety-seven,
 seven and ninety-four-hundredths percent;
   (ii)  from  the  pool  for  the period January first, nineteen hundred
 ninety-eight through December  thirty-first,  nineteen  hundred  ninety-
 eight, seven and ninety-four-hundredths percent;
   (iii)  from  the  pool  for the period January first, nineteen hundred
 ninety-nine and December thirty-first, nineteen hundred ninety-nine, six
 and forty-five-hundredths percent;
   (iv) from the pool for the period January first, two thousand  through
 December thirty-first, two thousand two, up to ten million dollars on an
 annual basis;
 S. 4007--A                         38                         A. 3007--A
 
   (v)  from  the  pool  for the period January first, two thousand three
 through December thirty-first, two thousand four, up  to  eight  million
 nine hundred fifty thousand dollars on an annual basis;
   (vi)  from  the  pool  or  the health care reform act (HCRA) resources
 fund, whichever is applicable, for the period January first,  two  thou-
 sand  five  through  December  thirty-first, two thousand six, up to ten
 million fifty thousand dollars on an annual basis, for the period  Janu-
 ary  first,  two thousand seven through December thirty-first, two thou-
 sand ten, up to nineteen million dollars annually, and  for  the  period
 January first, two thousand eleven through March thirty-first, two thou-
 sand eleven, up to four million seven hundred fifty thousand dollars.
   (n)  Funds  shall  be accumulated and transferred from the health care
 reform act (HCRA) resources fund as follows: for the period April first,
 two thousand seven through March thirty-first, two thousand  eight,  and
 on  an  annual  basis  for  the  periods April first, two thousand eight
 through November thirtieth, two  thousand  nine,  funds  within  amounts
 appropriated  shall  be  transferred  and  deposited and credited to the
 credit of the state special revenue funds - other, HCRA  transfer  fund,
 medical  assistance  account, for purposes of funding the state share of
 rate adjustments made to public and voluntary  hospitals  in  accordance
 with  paragraphs  (i) and (j) of subdivision one of section twenty-eight
 hundred seven-c of this article.
   2. Notwithstanding any inconsistent provision of law,  rule  or  regu-
 lation,  any  funds  accumulated  in  the  health care initiatives pools
 pursuant to paragraph (b) of subdivision nine  of  section  twenty-eight
 hundred  seven-j of this article, as a result of surcharges, assessments
 or other obligations during the periods January first, nineteen  hundred
 ninety-seven  through  December  thirty-first,  nineteen hundred ninety-
 nine, which are unused or uncommitted for distributions pursuant to this
 section shall be reserved and accumulated  from  year  to  year  by  the
 commissioner and, within amounts appropriated, transferred and deposited
 into  the  special  revenue funds - other, miscellaneous special revenue
 fund - 339, child health insurance account  or  any  successor  fund  or
 account,  for  purposes  of  distributions to implement the child health
 insurance program established pursuant to sections  twenty-five  hundred
 ten  and  twenty-five  hundred eleven of this chapter for periods on and
 after January first, two thousand one; provided, however, funds reserved
 and accumulated for  priority  distributions  pursuant  to  subparagraph
 (iii)  of  paragraph (c) of subdivision one of this section shall not be
 transferred and deposited into such account pursuant  to  this  subdivi-
 sion; and provided further, however, that any unused or uncommitted pool
 funds accumulated and allocated pursuant to paragraph (j) of subdivision
 one  of  this  section  shall  be distributed for purposes of the health
 information and quality improvement act of 2000.
   3. Revenue from distributions pursuant to this section  shall  not  be
 included  in  gross  revenue  received  for  purposes of the assessments
 pursuant to subdivision eighteen of section twenty-eight hundred seven-c
 of this article, subject to the provisions of paragraph (e) of  subdivi-
 sion  eighteen  of section twenty-eight hundred seven-c of this article,
 and shall not be included in gross revenue received for purposes of  the
 assessments  pursuant  to  section  twenty-eight hundred seven-d of this
 article, subject to the provisions  of  subdivision  twelve  of  section
 twenty-eight hundred seven-d of this article.
   §  6.  Subdivision  5-a of section 2807-m of the public health law, as
 amended by section 6 of part Y of chapter 56 of the  laws  of  2020,  is
 amended to read as follows:
 S. 4007--A                         39                         A. 3007--A
 
   5-a.  Graduate  medical  education  innovations pool. (a) Supplemental
 distributions. (i) Thirty-one million dollars  for  the  period  January
 first,  two  thousand  eight through December thirty-first, two thousand
 eight, shall be set aside and reserved  by  the  commissioner  from  the
 regional  pools  established pursuant to subdivision two of this section
 and shall be available for distributions pursuant to subdivision five of
 this section and in accordance with section 86-1.89 of title 10  of  the
 codes,  rules  and  regulations of the state of New York as in effect on
 January first, two thousand eight; provided, however,  for  purposes  of
 funding  the  empire  clinical research investigation program (ECRIP) in
 accordance with paragraph eight of subdivision (e) and paragraph two  of
 subdivision  (f)  of section 86-1.89 of title 10 of the codes, rules and
 regulations of the state of New York, distributions shall be made  using
 two  regions  defined as New York city and the rest of the state and the
 dollar amount set forth in subparagraph (i) of paragraph two of subdivi-
 sion (f) of section 86-1.89 of title 10 of the codes,  rules  and  regu-
 lations  of the state of New York shall be increased from sixty thousand
 dollars to seventy-five thousand dollars.
   (ii) For periods on  and  after  January  first,  two  thousand  nine,
 supplemental  distributions pursuant to subdivision five of this section
 and in accordance with section 86-1.89 of title 10 of the  codes,  rules
 and regulations of the state of New York shall no longer be made and the
 provisions  of section 86-1.89 of title 10 of the codes, rules and regu-
 lations of the state of New York shall be null and void.
   (b)  Empire  clinical  research  investigator  program  (ECRIP).  Nine
 million  one  hundred  twenty  thousand  dollars annually for the period
 January first, two thousand  nine  through  December  thirty-first,  two
 thousand  ten,  and  two million two hundred eighty thousand dollars for
 the period January first, two thousand  eleven,  through  March  thirty-
 first,  two  thousand  eleven,  nine million one hundred twenty thousand
 dollars each state fiscal year for the period April first, two  thousand
 eleven  through  March  thirty-first, two thousand fourteen, up to eight
 million six hundred twelve thousand dollars each state fiscal  year  for
 the  period  April  first,  two  thousand fourteen through March thirty-
 first, two thousand seventeen, up to eight million  six  hundred  twelve
 thousand  dollars each state fiscal year for the period April first, two
 thousand seventeen through  March  thirty-first,  two  thousand  twenty,
 [and] up to eight million six hundred twelve thousand dollars each state
 fiscal  year  for  the  period  April first, two thousand twenty through
 March thirty-first, two thousand twenty-three, AND UP TO  EIGHT  MILLION
 SIX HUNDRED TWELVE THOUSAND DOLLARS EACH STATE FISCAL YEAR FOR THE PERI-
 OD  APRIL  FIRST,  TWO THOUSAND TWENTY-THREE THROUGH MARCH THIRTY-FIRST,
 TWO THOUSAND TWENTY-SIX, shall be set aside and reserved by the  commis-
 sioner  from  the regional pools established pursuant to subdivision two
 of this section to be allocated regionally with two-thirds of the avail-
 able funding going to New York city and one-third of the available fund-
 ing going to the rest of the state and shall be available  for  distrib-
 ution as follows:
   Distributions  shall  first  be made to consortia and teaching general
 hospitals for the empire clinical research investigator program  (ECRIP)
 to  help  secure federal funding for biomedical research, train clinical
 researchers, recruit national leaders as faculty to act as mentors,  and
 train  residents  and  fellows  in  biomedical  research skills based on
 hospital-specific data submitted to the commissioner  by  consortia  and
 teaching general hospitals in accordance with clause (G) of this subpar-
 S. 4007--A                         40                         A. 3007--A
 
 agraph.  Such distributions shall be made in accordance with the follow-
 ing methodology:
   (A)  The  greatest  number  of clinical research positions for which a
 consortium or teaching general hospital may be funded pursuant  to  this
 subparagraph  shall  be  one  percent  of  the total number of residents
 training at the consortium or teaching general hospital on  July  first,
 two  thousand  eight  for  the  period  January first, two thousand nine
 through December thirty-first, two thousand nine rounded up to the near-
 est one position.
   (B) Distributions made to a consortium or  teaching  general  hospital
 shall  equal  the product of the total number of clinical research posi-
 tions submitted  by  a  consortium  or  teaching  general  hospital  and
 accepted  by the commissioner as meeting the criteria set forth in para-
 graph (b) of subdivision one of this section, subject to  the  reduction
 calculation  set  forth  in  clause  (C) of this subparagraph, times one
 hundred ten thousand dollars.
   (C) If the dollar amount for the total  number  of  clinical  research
 positions  in  the  region  calculated  pursuant  to  clause (B) of this
 subparagraph exceeds the total amount appropriated for purposes of  this
 paragraph,  including clinical research positions that continue from and
 were funded in prior distribution periods, the commissioner shall elimi-
 nate one-half of the  clinical  research  positions  submitted  by  each
 consortium  or teaching general hospital rounded down to the nearest one
 position. Such reduction shall be repeated until the dollar  amount  for
 the  total  number of clinical research positions in the region does not
 exceed the total amount appropriated for purposes of this paragraph.  If
 the  repeated  reduction  of the total number of clinical research posi-
 tions in the region by one-half does not render a total  funding  amount
 that  is equal to or less than the total amount reserved for that region
 within the appropriation, the funding for each clinical  research  posi-
 tion  in  that  region  shall  be reduced proportionally in one thousand
 dollar increments until the total dollar amount for the total number  of
 clinical  research  positions  in  that region does not exceed the total
 amount reserved for that region within the appropriation. Any  reduction
 in  funding will be effective for the duration of the award. No clinical
 research positions that continue from and were funded in prior  distrib-
 ution periods shall be eliminated or reduced by such methodology.
   (D)  Each  consortium  or  teaching general hospital shall receive its
 annual distribution amount in accordance with the following:
   (I) Each consortium or teaching general hospital with a one-year ECRIP
 award  shall  receive  its  annual  distribution  amount  in  full  upon
 completion of the requirements set forth in items (I) and (II) of clause
 (G)  of  this subparagraph. The requirements set forth in items (IV) and
 (V) of clause (G) of this subparagraph must be completed by the  consor-
 tium  or teaching general hospital in order for the consortium or teach-
 ing general hospital to be eligible to apply for ECRIP  funding  in  any
 subsequent funding cycle.
   (II)  Each  consortium  or  teaching  general hospital with a two-year
 ECRIP award shall receive its first annual distribution amount  in  full
 upon  completion  of the requirements set forth in items (I) and (II) of
 clause (G) of this subparagraph. Each  consortium  or  teaching  general
 hospital will receive its second annual distribution amount in full upon
 completion  of the requirements set forth in item (III) of clause (G) of
 this subparagraph. The requirements set forth in items (IV) and  (V)  of
 clause  (G)  of this subparagraph must be completed by the consortium or
 teaching general hospital in order for the consortium or teaching gener-
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 al hospital to be eligible to apply for ECRIP funding in any  subsequent
 funding cycle.
   (E)  Each  consortium  or teaching general hospital receiving distrib-
 utions pursuant to this subparagraph shall reserve seventy-five thousand
 dollars to primarily fund salary and fringe  benefits  of  the  clinical
 research  position  with  the remainder going to fund the development of
 faculty who are involved in biomedical research, training  and  clinical
 care.
   (F)  Undistributed  or  returned  funds  available  to  fund  clinical
 research positions pursuant to this paragraph for a distribution  period
 shall  be  available to fund clinical research positions in a subsequent
 distribution period.
   (G) In order to be eligible for distributions pursuant to this subpar-
 agraph, each consortium and teaching general hospital shall  provide  to
 the  commissioner by July first of each distribution period, the follow-
 ing data and information on a hospital-specific  basis.  Such  data  and
 information  shall  be  certified as to accuracy and completeness by the
 chief executive officer, chief financial officer or chair of the consor-
 tium governing body of each consortium or teaching general hospital  and
 shall be maintained by each consortium and teaching general hospital for
 five years from the date of submission:
   (I)  For  each  clinical  research  position, information on the type,
 scope, training objectives,  institutional  support,  clinical  research
 experience of the sponsor-mentor, plans for submitting research outcomes
 to  peer reviewed journals and at scientific meetings, including a meet-
 ing sponsored by the department, the name of a principal contact  person
 responsible for tracking the career development of researchers placed in
 clinical  research positions, as defined in paragraph (c) of subdivision
 one of this section, and who is authorized to certify to the commission-
 er that all the requirements of the clinical  research  training  objec-
 tives  set  forth  in this subparagraph shall be met. Such certification
 shall be provided by July first of each distribution period;
   (II) For each clinical research position,  information  on  the  name,
 citizenship  status, medical education and training, and medical license
 number of the researcher, if applicable, shall be provided  by  December
 thirty-first of the calendar year following the distribution period;
   (III)  Information on the status of the clinical research plan, accom-
 plishments, changes in research activities, progress, and performance of
 the researcher shall be provided upon  completion  of  one-half  of  the
 award term;
   (IV)  A  final report detailing training experiences, accomplishments,
 activities and performance of the clinical researcher, and  data,  meth-
 ods,  results  and  analyses  of  the  clinical  research  plan shall be
 provided three months after the clinical research position ends; and
   (V) Tracking information concerning past  researchers,  including  but
 not  limited  to (A) background information, (B) employment history, (C)
 research status, (D) current research activities, (E)  publications  and
 presentations,  (F)  research  support,  and  (G)  any other information
 necessary to track the researcher; and
   (VI) Any other data or information required  by  the  commissioner  to
 implement this subparagraph.
   (H)  Notwithstanding  any  inconsistent provision of this subdivision,
 for periods on and after April first, two thousand thirteen, ECRIP grant
 awards shall be made in accordance with rules and regulations promulgat-
 ed by the commissioner. Such regulations shall, at a minimum:
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   (1) provide that ECRIP grant awards shall be made with  the  objective
 of  securing  federal funding for biomedical research, training clinical
 researchers, recruiting national leaders as faculty to act  as  mentors,
 and training residents and fellows in biomedical research skills;
   (2)  provide that ECRIP grant applicants may include interdisciplinary
 research teams comprised of teaching general hospitals acting in collab-
 oration with entities including but  not  limited  to  medical  centers,
 hospitals, universities and local health departments;
   (3) provide that applications for ECRIP grant awards shall be based on
 such  information requested by the commissioner, which shall include but
 not be limited to hospital-specific data;
   (4) establish the qualifications for  investigators  and  other  staff
 required for grant projects eligible for ECRIP grant awards; and
   (5)  establish a methodology for the distribution of funds under ECRIP
 grant awards.
   (c) Physician loan repayment program. One million nine  hundred  sixty
 thousand  dollars  for  the  period  January  first,  two thousand eight
 through December thirty-first, two  thousand  eight,  one  million  nine
 hundred  sixty  thousand dollars for the period January first, two thou-
 sand nine through December thirty-first, two thousand nine, one  million
 nine  hundred  sixty  thousand dollars for the period January first, two
 thousand ten through  December  thirty-first,  two  thousand  ten,  four
 hundred  ninety thousand dollars for the period January first, two thou-
 sand eleven through March thirty-first, two thousand eleven, one million
 seven hundred thousand dollars each state fiscal  year  for  the  period
 April  first,  two thousand eleven through March thirty-first, two thou-
 sand fourteen, up to one million seven  hundred  five  thousand  dollars
 each state fiscal year for the period April first, two thousand fourteen
 through  March  thirty-first,  two thousand seventeen, up to one million
 seven hundred five thousand dollars each state fiscal year for the peri-
 od April first, two thousand seventeen through March  thirty-first,  two
 thousand  twenty,  [and]  up  to one million seven hundred five thousand
 dollars each state fiscal year for the period April first, two  thousand
 twenty  through March thirty-first, two thousand twenty-three, AND UP TO
 ONE MILLION SEVEN HUNDRED FIVE THOUSAND DOLLARS EACH STATE  FISCAL  YEAR
 FOR  THE  PERIOD  APRIL  FIRST,  TWO THOUSAND TWENTY-THREE THROUGH MARCH
 THIRTY-FIRST, TWO THOUSAND TWENTY-SIX, shall be set aside  and  reserved
 by  the  commissioner  from  the  regional pools established pursuant to
 subdivision two of this section and shall be available for  purposes  of
 physician  loan  repayment  in  accordance  with subdivision ten of this
 section.  Notwithstanding  any  contrary  provision  of  this   section,
 sections  one  hundred  twelve  and one hundred sixty-three of the state
 finance law, or any other contrary provision of law, such funding  shall
 be  allocated  regionally with one-third of available funds going to New
 York city and two-thirds of available funds going to  the  rest  of  the
 state  and  shall  be  distributed  in  a manner to be determined by the
 commissioner without a competitive bid or request for  proposal  process
 as follows:
   (i) Funding shall first be awarded to repay loans of up to twenty-five
 physicians  who  train  in  primary care or specialty tracks in teaching
 general hospitals, and who enter and remain in primary care or specialty
 practices in underserved communities, as determined by the commissioner.
   (ii) After distributions in accordance with subparagraph (i)  of  this
 paragraph, all remaining funds shall be awarded to repay loans of physi-
 cians  who  enter  and  remain in primary care or specialty practices in
 underserved communities, as determined by  the  commissioner,  including
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 but  not  limited  to  physicians working in general hospitals, or other
 health care facilities.
   (iii)  In no case shall less than fifty percent of the funds available
 pursuant to this paragraph be distributed in  accordance  with  subpara-
 graphs (i) and (ii) of this paragraph to physicians identified by gener-
 al hospitals.
   (iv)  In addition to the funds allocated under this paragraph, for the
 period April first, two thousand fifteen through March thirty-first, two
 thousand sixteen,  two  million  dollars  shall  be  available  for  the
 purposes described in subdivision ten of this section;
   (v)  In  addition to the funds allocated under this paragraph, for the
 period April first, two thousand sixteen through March thirty-first, two
 thousand seventeen, two million  dollars  shall  be  available  for  the
 purposes described in subdivision ten of this section;
   (vi) Notwithstanding any provision of law to the contrary, and subject
 to the extension of the Health Care Reform Act of 1996, sufficient funds
 shall be available for the purposes described in subdivision ten of this
 section  in amounts necessary to fund the remaining year commitments for
 awards made pursuant to subparagraphs (iv) and (v) of this paragraph.
   (d) Physician practice support. Four  million  nine  hundred  thousand
 dollars  for the period January first, two thousand eight through Decem-
 ber thirty-first, two thousand eight, four million nine hundred thousand
 dollars annually for the period January first, two thousand nine through
 December thirty-first, two thousand ten, one million two  hundred  twen-
 ty-five  thousand  dollars  for  the  period January first, two thousand
 eleven through March thirty-first, two  thousand  eleven,  four  million
 three  hundred  thousand  dollars  each state fiscal year for the period
 April first, two thousand eleven through March thirty-first,  two  thou-
 sand  fourteen,  up to four million three hundred sixty thousand dollars
 each state fiscal year for the period April first, two thousand fourteen
 through March thirty-first, two thousand seventeen, up to  four  million
 three  hundred sixty thousand dollars for each state fiscal year for the
 period April first, two thousand seventeen through  March  thirty-first,
 two  thousand twenty, [and] up to four million three hundred sixty thou-
 sand dollars for each fiscal year for the period April first, two  thou-
 sand  twenty  through March thirty-first, two thousand twenty-three, AND
 UP TO FOUR MILLION THREE HUNDRED SIXTY THOUSAND DOLLARS FOR EACH  FISCAL
 YEAR FOR THE PERIOD APRIL FIRST, TWO THOUSAND TWENTY-THREE THROUGH MARCH
 THIRTY-FIRST,  TWO  THOUSAND TWENTY-SIX, shall be set aside and reserved
 by the commissioner from the  regional  pools  established  pursuant  to
 subdivision  two  of this section and shall be available for purposes of
 physician practice support. Notwithstanding any  contrary  provision  of
 this section, sections one hundred twelve and one hundred sixty-three of
 the  state  finance  law,  or  any other contrary provision of law, such
 funding shall be allocated regionally with one-third of available  funds
 going  to  New  York city and two-thirds of available funds going to the
 rest of the state and shall be distributed in a manner to be  determined
 by  the  commissioner  without a competitive bid or request for proposal
 process as follows:
   (i) Preference in funding shall first be accorded to teaching  general
 hospitals  for  up  to  twenty-five awards, to support costs incurred by
 physicians trained in primary or specialty tracks who thereafter  estab-
 lish  or join practices in underserved communities, as determined by the
 commissioner.
   (ii) After distributions in accordance with subparagraph (i)  of  this
 paragraph, all remaining funds shall be awarded to physicians to support
 S. 4007--A                         44                         A. 3007--A
 
 the  cost  of  establishing or joining practices in underserved communi-
 ties, as determined by the commissioner,  and  to  hospitals  and  other
 health  care  providers to recruit new physicians to provide services in
 underserved communities, as determined by the commissioner.
   (iii)  In no case shall less than fifty percent of the funds available
 pursuant to this  paragraph  be  distributed  to  general  hospitals  in
 accordance with subparagraphs (i) and (ii) of this paragraph.
   (e)  Work  group.  For  funding  available  pursuant to paragraphs (c)
 [and], (d) AND (e) of this subdivision:
   (i) The department shall appoint a  work  group  from  recommendations
 made  by  associations  representing  physicians,  general hospitals and
 other health care facilities to develop a streamlined application  proc-
 ess by June first, two thousand twelve.
   (ii) Subject to available funding, applications shall be accepted on a
 continuous  basis.  The department shall provide technical assistance to
 applicants to facilitate their completion of applications. An  applicant
 shall  be  notified  in  writing  by  the  department within ten days of
 receipt of an application as to whether the application is complete  and
 if  the  application is incomplete, what information is outstanding. The
 department shall act on an application within thirty days of receipt  of
 a complete application.
   (f) Study on physician workforce. Five hundred ninety thousand dollars
 annually for the period January first, two thousand eight through Decem-
 ber  thirty-first,  two  thousand  ten, one hundred forty-eight thousand
 dollars for the period January first, two thousand eleven through  March
 thirty-first, two thousand eleven, five hundred sixteen thousand dollars
 each  state  fiscal year for the period April first, two thousand eleven
 through March thirty-first, two thousand fourteen, up  to  four  hundred
 eighty-seven  thousand  dollars  each  state  fiscal year for the period
 April first, two thousand fourteen through March thirty-first, two thou-
 sand seventeen, up to four hundred  eighty-seven  thousand  dollars  for
 each  state  fiscal year for the period April first, two thousand seven-
 teen through March thirty-first, two thousand twenty, [and] up  to  four
 hundred  eighty-seven  thousand  dollars  each state fiscal year for the
 period April first, two thousand twenty through March thirty-first,  two
 thousand  twenty-three,  AND  UP  TO  FOUR HUNDRED EIGHTY-SEVEN THOUSAND
 DOLLARS EACH STATE FISCAL YEAR FOR THE PERIOD APRIL FIRST, TWO  THOUSAND
 TWENTY-THREE  THROUGH MARCH THIRTY-FIRST, TWO THOUSAND TWENTY-SIX, shall
 be set aside and reserved by the commissioner from  the  regional  pools
 established  pursuant  to  subdivision  two of this section and shall be
 available to fund a study of physician  workforce  needs  and  solutions
 including,  but  not  limited  to, an analysis of residency programs and
 projected physician workforce  and  community  needs.  The  commissioner
 shall  enter  into  agreements with one or more organizations to conduct
 such study based on a request for proposal process.
   (g) Diversity in medicine/post-baccalaureate program.  Notwithstanding
 any  inconsistent provision of section one hundred twelve or one hundred
 sixty-three of the state finance law or any other law, one million  nine
 hundred  sixty  thousand  dollars annually for the period January first,
 two thousand eight through December thirty-first, two thousand ten, four
 hundred ninety thousand dollars for the period January first, two  thou-
 sand eleven through March thirty-first, two thousand eleven, one million
 seven  hundred  thousand  dollars  each state fiscal year for the period
 April first, two thousand eleven through March thirty-first,  two  thou-
 sand  fourteen, up to one million six hundred five thousand dollars each
 state fiscal year for the period  April  first,  two  thousand  fourteen
 S. 4007--A                         45                         A. 3007--A
 
 through  March  thirty-first,  two thousand seventeen, up to one million
 six hundred five thousand dollars each state fiscal year for the  period
 April  first,  two  thousand  seventeen  through March thirty-first, two
 thousand  twenty,  [and]  up  to  one  million six hundred five thousand
 dollars each state fiscal year for the period April first, two  thousand
 twenty  through March thirty-first, two thousand twenty-three, AND UP TO
 ONE MILLION SIX HUNDRED FIVE THOUSAND DOLLARS EACH STATE FISCAL YEAR FOR
 THE PERIOD APRIL FIRST, TWO THOUSAND TWENTY-THREE THROUGH MARCH  THIRTY-
 FIRST,  TWO  THOUSAND TWENTY-SIX, shall be set aside and reserved by the
 commissioner from the regional pools established pursuant to subdivision
 two of this section and shall be  available  for  distributions  to  the
 Associated  Medical  Schools  of  New York to fund its diversity program
 including existing and new post-baccalaureate programs for minority  and
 economically disadvantaged students and encourage participation from all
 medical  schools in New York. The associated medical schools of New York
 shall report to the commissioner on an annual basis regarding the use of
 funds for such purpose in such form  and  manner  as  specified  by  the
 commissioner.
   (h)  In  the  event  there are undistributed funds within amounts made
 available for distributions pursuant to this subdivision, such funds may
 be reallocated and distributed in  current  or  subsequent  distribution
 periods  in  a manner determined by the commissioner for any purpose set
 forth in this subdivision.
   § 7. Subdivision 4-c of section 2807-p of the public  health  law,  as
 amended  by  section  10 of part Y of chapter 56 of the laws of 2020, is
 amended to read as follows:
   4-c. Notwithstanding any provision of law to the contrary, the commis-
 sioner shall make additional payments for uncompensated care  to  volun-
 tary  non-profit  diagnostic and treatment centers that are eligible for
 distributions under subdivision four of this section  in  the  following
 amounts:  for  the  period June first, two thousand six through December
 thirty-first, two thousand six, in the  amount  of  seven  million  five
 hundred  thousand  dollars,  for  the period January first, two thousand
 seven through December thirty-first, two thousand seven,  seven  million
 five  hundred  thousand dollars, for the period January first, two thou-
 sand eight through December  thirty-first,  two  thousand  eight,  seven
 million five hundred thousand dollars, for the period January first, two
 thousand  nine through December thirty-first, two thousand nine, fifteen
 million five hundred thousand dollars, for the period January first, two
 thousand ten through December  thirty-first,  two  thousand  ten,  seven
 million five hundred thousand dollars, for the period January first, two
 thousand eleven though December thirty-first, two thousand eleven, seven
 million five hundred thousand dollars, for the period January first, two
 thousand  twelve  through  December  thirty-first,  two thousand twelve,
 seven million five hundred thousand  dollars,  for  the  period  January
 first, two thousand thirteen through December thirty-first, two thousand
 thirteen,  seven  million  five hundred thousand dollars, for the period
 January first, two thousand fourteen through December thirty-first,  two
 thousand  fourteen, seven million five hundred thousand dollars, for the
 period January first, two  thousand  fifteen  through  December  thirty-
 first,  two  thousand  fifteen,  seven  million  five  hundred  thousand
 dollars, for the period  January  first  two  thousand  sixteen  through
 December  thirty-first, two thousand sixteen, seven million five hundred
 thousand dollars, for the period January first, two  thousand  seventeen
 through  December  thirty-first,  two  thousand seventeen, seven million
 five hundred thousand dollars, for the period January first,  two  thou-
 S. 4007--A                         46                         A. 3007--A
 
 sand  eighteen  through  December  thirty-first,  two thousand eighteen,
 seven million five hundred thousand  dollars,  for  the  period  January
 first, two thousand nineteen through December thirty-first, two thousand
 nineteen,  seven  million  five hundred thousand dollars, for the period
 January first, two thousand twenty through  December  thirty-first,  two
 thousand  twenty,  seven  million five hundred thousand dollars, for the
 period January first, two thousand twenty-one through  December  thirty-
 first,  two  thousand  twenty-one,  seven  million five hundred thousand
 dollars, for the period January first, two thousand  twenty-two  through
 December  thirty-first,  two  thousand  twenty-two,  seven  million five
 hundred thousand dollars, FOR THE PERIOD  JANUARY  FIRST,  TWO  THOUSAND
 TWENTY-THREE  THROUGH  DECEMBER THIRTY-FIRST, TWO THOUSAND TWENTY-THREE,
 SEVEN MILLION FIVE HUNDRED THOUSAND  DOLLARS,  FOR  THE  PERIOD  JANUARY
 FIRST, TWO THOUSAND TWENTY-FOUR THROUGH DECEMBER THIRTY-FIRST, TWO THOU-
 SAND  TWENTY-FOUR,  SEVEN MILLION FIVE HUNDRED THOUSAND DOLLARS, FOR THE
 PERIOD JANUARY FIRST, TWO THOUSAND TWENTY-FIVE THROUGH DECEMBER  THIRTY-
 FIRST,  TWO  THOUSAND  TWENTY-FIVE,  SEVEN MILLION FIVE HUNDRED THOUSAND
 DOLLARS, and for the period January first, two  thousand  [twenty-three]
 TWENTY-SIX through March thirty-first, two thousand [twenty-three] TWEN-
 TY-SIX,  in  the  amount  of  one  million six hundred thousand dollars,
 provided, however, that for periods on  and  after  January  first,  two
 thousand  eight, such additional payments shall be distributed to volun-
 tary, non-profit diagnostic and treatment centers and to public diagnos-
 tic and treatment centers in accordance with paragraph (g)  of  subdivi-
 sion  four  of  this  section.  In  the  event  that  federal  financial
 participation  is  available  for  rate  adjustments  pursuant  to  this
 section, the commissioner shall make such payments as additional adjust-
 ments to rates of payment for voluntary non-profit diagnostic and treat-
 ment  centers  that  are  eligible  for  distributions under subdivision
 four-a of this section in the following amounts:  for  the  period  June
 first, two thousand six through December thirty-first, two thousand six,
 fifteen  million  dollars  in  the aggregate, and for the period January
 first, two thousand seven through June thirtieth,  two  thousand  seven,
 seven  million  five  hundred  thousand  dollars  in  the aggregate. The
 amounts allocated pursuant to this paragraph shall  be  aggregated  with
 and  distributed  pursuant  to  the  same  methodology applicable to the
 amounts allocated to such diagnostic  and  treatment  centers  for  such
 periods  pursuant  to subdivision four of this section if federal finan-
 cial participation is not available, or pursuant to  subdivision  four-a
 of  this  section  if  federal  financial  participation  is  available.
 Notwithstanding  section  three  hundred  sixty-eight-a  of  the  social
 services  law,  there  shall  be  no local share in a medical assistance
 payment adjustment under this subdivision.
   § 8. Subparagraph (xv) of paragraph (a) of subdivision  6  of  section
 2807-s  of  the public health law, as amended by section 11 of part Y of
 chapter 56 of the laws of 2020, is amended and a new subparagraph  (xvi)
 is added to read as follows:
   (xv) A gross annual statewide amount for the period January first, two
 thousand  fifteen  through  December thirty-first, two thousand [twenty-
 three] TWENTY-TWO, shall be one billion forty-five million dollars.
   (XVI) A GROSS ANNUAL STATEWIDE AMOUNT FOR THE  PERIOD  JANUARY  FIRST,
 TWO  THOUSAND  TWENTY-THREE TO DECEMBER THIRTY-FIRST, TWO THOUSAND TWEN-
 TY-SIX SHALL BE ONE BILLION EIGHTY-FIVE MILLION DOLLARS,  FORTY  MILLION
 DOLLARS  ANNUALLY OF WHICH SHALL BE ALLOCATED UNDER SECTION TWENTY-EIGHT
 HUNDRED SEVEN-O OF THIS ARTICLE AMONG  THE  MUNICIPALITIES  OF  AND  THE
 STATE  OF  NEW  YORK  BASED ON EACH MUNICIPALITY'S SHARE AND THE STATE'S
 S. 4007--A                         47                         A. 3007--A
 
 SHARE OF EARLY INTERVENTION PROGRAM EXPENDITURES NOT REIMBURSABLE BY THE
 MEDICAL ASSISTANCE PROGRAM FOR THE LATEST TWELVE MONTH PERIOD FOR  WHICH
 SUCH DATA IS AVAILABLE.
   §  9.  Paragraph  (g) of subdivision 6 of section 2807-s of the public
 health law, as added by chapter 820 of the laws of 2021, is  amended  to
 read as follows:
   (g)  A  further  gross  statewide amount for the state fiscal year two
 thousand twenty-two [and each state fiscal  year  thereafter]  shall  be
 forty million dollars.
   § 10. Subparagraph (xiii) of paragraph (a) of subdivision 7 of section
 2807-s  of  the public health law, as amended by section 12 of part Y of
 chapter 56 of the laws of 2020, is amended to read as follows:
   (xiii) twenty-three million eight hundred thirty-six thousand  dollars
 each  state  fiscal year for the period April first, two thousand twelve
 through March thirty-first, two thousand [twenty-three] TWENTY-SIX;
   § 11. Subdivision 6 of section 2807-t of the  public  health  law,  as
 amended  by  section  13 of part Y of chapter 56 of the laws of 2020, is
 amended to read as follows:
   6. Prospective adjustments. (a) The commissioner shall annually recon-
 cile the sum of the actual payments made  to  the  commissioner  or  the
 commissioner's designee for each region pursuant to section twenty-eight
 hundred  seven-s  of  this  article and pursuant to this section for the
 prior year with the regional allocation of the  gross  annual  statewide
 amount  specified  in  subdivision  six  of section twenty-eight hundred
 seven-s of this article for such prior year. The difference between  the
 actual  amount  raised  for  a region and the regional allocation of the
 specified gross annual amount for such prior year shall be applied as  a
 prospective adjustment to the regional allocation of the specified gross
 annual  payment  amount  for such region for the year next following the
 calculation of the reconciliation. The authorized dollar  value  of  the
 adjustments shall be the same as if calculated retrospectively.
   (b)  Notwithstanding  the provisions of paragraph (a) of this subdivi-
 sion, for covered lives assessment rate periods  on  and  after  January
 first,  two thousand fifteen through December thirty-first, two thousand
 [twenty-three] TWENTY-ONE, for amounts collected  in  the  aggregate  in
 excess of one billion forty-five million dollars on an annual basis, AND
 FOR  THE PERIOD JANUARY FIRST, TWO THOUSAND TWENTY-TWO TO DECEMBER THIR-
 TY-FIRST, TWO THOUSAND TWENTY-SIX FOR AMOUNTS COLLECTED IN THE AGGREGATE
 IN EXCESS OF ONE BILLION EIGHTY-FIVE MILLION DOLLARS ON AN ANNUAL BASIS,
 prospective adjustments shall be suspended if the annual  reconciliation
 calculation  from the prior year would otherwise result in a decrease to
 the regional allocation of the specified gross annual payment amount for
 that region, provided, however, that such  suspension  shall  be  lifted
 upon  a  determination  by  the  commissioner,  in consultation with the
 director of the budget, that sixty-five  million  dollars  in  aggregate
 collections  on  an  annual  basis over and above one billion forty-five
 million dollars on an annual basis FOR THE PERIOD ON AND  AFTER  JANUARY
 FIRST,  TWO THOUSAND FIFTEEN THROUGH DECEMBER THIRTY-FIRST, TWO THOUSAND
 TWENTY-ONE AND FOR THE PERIOD JANUARY FIRST, TWO THOUSAND TWENTY-TWO  TO
 DECEMBER  THIRTY-FIRST, TWO THOUSAND TWENTY-SIX FOR AMOUNTS COLLECTED IN
 THE AGGREGATE IN EXCESS OF ONE BILLION EIGHTY-FIVE MILLION DOLLARS ON AN
 ANNUAL BASIS have been reserved and set aside for deposit  in  the  HCRA
 resources  fund.  Any amounts collected in the aggregate at or below one
 billion forty-five million dollars on an annual basis FOR THE PERIOD  ON
 AND  AFTER  JANUARY FIRST, TWO THOUSAND FIFTEEN THROUGH DECEMBER THIRTY-
 FIRST, TWO THOUSAND TWENTY-TWO,  AND FOR THE PERIOD JANUARY  FIRST,  TWO
 S. 4007--A                         48                         A. 3007--A
 
 THOUSAND  TWENTY-THREE TO DECEMBER THIRTY-FIRST, TWO THOUSAND TWENTY-SIX
 FOR AMOUNTS COLLECTED IN THE AGGREGATE IN EXCESS OF ONE BILLION  EIGHTY-
 FIVE  MILLION  DOLLARS  ON AN ANNUAL BASIS, shall be subject to regional
 adjustments reconciling any decreases or increases to the regional allo-
 cation in accordance with paragraph (a) of this subdivision.
   §  12.  Section 2807-v of the public health law, as amended by section
 14 of part Y of chapter 56 of the laws of 2020, is amended  to  read  as
 follows:
   § 2807-v. Tobacco  control  and  insurance  initiatives  pool distrib-
 utions.   1. Funds accumulated in  the  tobacco  control  and  insurance
 initiatives  pool or in the health care reform act (HCRA) resources fund
 established pursuant to section ninety-two-dd of the state finance  law,
 whichever  is applicable, including income from invested funds, shall be
 distributed or retained by the commissioner or by the state comptroller,
 as applicable, in accordance with the following:
   (a) Funds shall be  deposited  by  the  commissioner,  within  amounts
 appropriated,  and  the  state  comptroller  is  hereby  authorized  and
 directed to receive for deposit to  the  credit  of  the  state  special
 revenue  funds  -  other, HCRA transfer fund, medicaid fraud hotline and
 medicaid administration account, or any successor fund or  account,  for
 purposes  of  services  and  expenses  related to the toll-free medicaid
 fraud hotline established pursuant to section one hundred eight of chap-
 ter one of the laws of nineteen hundred  ninety-nine  from  the  tobacco
 control  and  insurance  initiatives  pool established for the following
 periods in the following amounts: four hundred thousand dollars annually
 for the periods January first, two  thousand  through  December  thirty-
 first,  two  thousand  two,  up to four hundred thousand dollars for the
 period January first, two thousand three through December  thirty-first,
 two  thousand  three, up to four hundred thousand dollars for the period
 January first, two thousand  four  through  December  thirty-first,  two
 thousand  four, up to four hundred thousand dollars for the period Janu-
 ary first, two thousand five through December thirty-first, two thousand
 five, up to four hundred thousand dollars for the period January  first,
 two  thousand six through December thirty-first, two thousand six, up to
 four hundred thousand dollars for the period January first, two thousand
 seven through December thirty-first, two  thousand  seven,  up  to  four
 hundred  thousand  dollars  for  the  period January first, two thousand
 eight through December thirty-first, two  thousand  eight,  up  to  four
 hundred thousand dollars for the period January first, two thousand nine
 through  December  thirty-first,  two  thousand nine, up to four hundred
 thousand dollars for the period January first, two thousand ten  through
 December  thirty-first,  two  thousand  ten,  up to one hundred thousand
 dollars for the period January first, two thousand eleven through  March
 thirty-first, two thousand eleven and within amounts appropriated on and
 after April first, two thousand eleven.
   (b)  Funds  shall  be  reserved  and accumulated from year to year and
 shall be available, including income from invested funds,  for  purposes
 of payment of audits or audit contracts necessary to determine payor and
 provider compliance with requirements set forth in sections twenty-eight
 hundred  seven-j,  twenty-eight hundred seven-s and twenty-eight hundred
 seven-t of this article from the tobacco control  and  insurance  initi-
 atives  pool  established  for  the  following  periods in the following
 amounts: five million six hundred  thousand  dollars  annually  for  the
 periods  January  first, two thousand through December thirty-first, two
 thousand two, up to five million dollars for the period  January  first,
 two thousand three through December thirty-first, two thousand three, up
 S. 4007--A                         49                         A. 3007--A
 
 to  five million dollars for the period January first, two thousand four
 through December thirty-first, two thousand four,  up  to  five  million
 dollars for the period January first, two thousand five through December
 thirty-first,  two  thousand  five,  up  to five million dollars for the
 period January first, two thousand six  through  December  thirty-first,
 two thousand six, up to seven million eight hundred thousand dollars for
 the  period  January  first, two thousand seven through December thirty-
 first, two thousand seven, and up to eight million three  hundred  twen-
 ty-five  thousand  dollars  for  the  period January first, two thousand
 eight through December thirty-first, two thousand  eight,  up  to  eight
 million  five hundred thousand dollars for the period January first, two
 thousand nine through December thirty-first, two thousand  nine,  up  to
 eight  million  five  hundred  thousand  dollars  for the period January
 first, two thousand ten through December thirty-first, two thousand ten,
 up to two million one hundred twenty-five thousand dollars for the peri-
 od January first, two thousand eleven through  March  thirty-first,  two
 thousand  eleven,  up to fourteen million seven hundred thousand dollars
 each state fiscal year for the period April first, two  thousand  eleven
 through  March thirty-first, two thousand fourteen, up to eleven million
 one hundred thousand dollars each state fiscal year for the period April
 first, two thousand fourteen through March  thirty-first,  two  thousand
 seventeen,  up to eleven million one hundred thousand dollars each state
 fiscal year for the period April first, two thousand  seventeen  through
 March  thirty-first, two thousand twenty, [and] up to eleven million one
 hundred thousand dollars each state fiscal year  for  the  period  April
 first,  two  thousand  twenty  through  March thirty-first, two thousand
 twenty-three, AND UP TO ELEVEN MILLION ONE HUNDRED THOUSAND DOLLARS EACH
 STATE FISCAL YEAR FOR THE PERIOD APRIL FIRST, TWO THOUSAND  TWENTY-THREE
 THROUGH MARCH THIRTY-FIRST, TWO THOUSAND TWENTY-SIX.
   (c)  Funds  shall  be  deposited  by  the commissioner, within amounts
 appropriated,  and  the  state  comptroller  is  hereby  authorized  and
 directed  to  receive  for  deposit  to  the credit of the state special
 revenue funds - other, HCRA transfer fund, enhanced  community  services
 account,  or  any  successor fund or account, for mental health services
 programs for case management services for adults and children; supported
 housing; home and community based waiver services; family  based  treat-
 ment;  family support services; mobile mental health teams; transitional
 housing; and community oversight, established pursuant to articles seven
 and forty-one of the mental hygiene law and subdivision nine of  section
 three  hundred  sixty-six of the social services law; and for comprehen-
 sive care centers for eating disorders pursuant to  the  former  section
 twenty-seven  hundred  ninety-nine-l  of  this chapter, provided however
 that, for such centers, funds in the amount  of  five  hundred  thousand
 dollars  on  an  annualized basis shall be transferred from the enhanced
 community services account, or any successor fund or account, and depos-
 ited into the fund established by section  ninety-five-e  of  the  state
 finance  law;  from  the  tobacco control and insurance initiatives pool
 established for the following periods in the following amounts:
   (i) forty-eight million dollars to be reserved, to be retained or  for
 distribution  pursuant to a chapter of the laws of two thousand, for the
 period January first, two thousand through  December  thirty-first,  two
 thousand;
   (ii)  eighty-seven  million  dollars to be reserved, to be retained or
 for distribution pursuant to a chapter of the laws of two thousand  one,
 for  the period January first, two thousand one through December thirty-
 first, two thousand one;
 S. 4007--A                         50                         A. 3007--A
 
   (iii) eighty-seven million dollars to be reserved, to be  retained  or
 for  distribution pursuant to a chapter of the laws of two thousand two,
 for the period January first, two thousand two through December  thirty-
 first, two thousand two;
   (iv)  eighty-eight  million  dollars to be reserved, to be retained or
 for distribution pursuant to a chapter  of  the  laws  of  two  thousand
 three, for the period January first, two thousand three through December
 thirty-first, two thousand three;
   (v)  eighty-eight million dollars, plus five hundred thousand dollars,
 to be reserved, to be retained or for distribution pursuant to a chapter
 of the laws of two thousand four, and pursuant  to  the  former  section
 twenty-seven hundred ninety-nine-l of this chapter, for the period Janu-
 ary first, two thousand four through December thirty-first, two thousand
 four;
   (vi) eighty-eight million dollars, plus five hundred thousand dollars,
 to be reserved, to be retained or for distribution pursuant to a chapter
 of  the  laws  of  two thousand five, and pursuant to the former section
 twenty-seven hundred ninety-nine-l of this chapter, for the period Janu-
 ary first, two thousand five through December thirty-first, two thousand
 five;
   (vii)  eighty-eight  million  dollars,  plus  five  hundred   thousand
 dollars,  to be reserved, to be retained or for distribution pursuant to
 a chapter of the laws of  two  thousand  six,  and  pursuant  to  former
 section  twenty-seven  hundred  ninety-nine-l  of  this chapter, for the
 period January first, two thousand six  through  December  thirty-first,
 two thousand six;
   (viii)  eighty-six  million  four  hundred thousand dollars, plus five
 hundred thousand dollars, to be reserved, to be retained or for distrib-
 ution pursuant to a chapter of the laws of two thousand seven and pursu-
 ant to the former section twenty-seven  hundred  ninety-nine-l  of  this
 chapter, for the period January first, two thousand seven through Decem-
 ber thirty-first, two thousand seven; and
   (ix)  twenty-two  million nine hundred thirteen thousand dollars, plus
 one hundred twenty-five thousand dollars, to be reserved, to be retained
 or for distribution pursuant to a chapter of the laws  of  two  thousand
 eight  and  pursuant  to the former section twenty-seven hundred ninety-
 nine-l of this chapter, for the period January first, two thousand eight
 through March thirty-first, two thousand eight.
   (d) Funds shall be  deposited  by  the  commissioner,  within  amounts
 appropriated,  and  the  state  comptroller  is  hereby  authorized  and
 directed to receive for deposit to  the  credit  of  the  state  special
 revenue  funds  - other, HCRA transfer fund, medical assistance account,
 or any successor fund or account, for  purposes  of  funding  the  state
 share of services and expenses related to the family health plus program
 including up to two and one-half million dollars annually for the period
 January  first, two thousand through December thirty-first, two thousand
 two, for administration and marketing costs associated with such program
 established pursuant to clause (A) of subparagraph (v) of paragraph  (a)
 of  subdivision two of section three hundred sixty-nine-ee of the social
 services law from the tobacco control  and  insurance  initiatives  pool
 established for the following periods in the following amounts:
   (i) three million five hundred thousand dollars for the period January
 first, two thousand through December thirty-first, two thousand;
   (ii)  twenty-seven  million  dollars for the period January first, two
 thousand one through December thirty-first, two thousand one; and
 S. 4007--A                         51                         A. 3007--A
 
   (iii) fifty-seven million dollars for the period  January  first,  two
 thousand two through December thirty-first, two thousand two.
   (e)  Funds  shall  be  deposited  by  the commissioner, within amounts
 appropriated,  and  the  state  comptroller  is  hereby  authorized  and
 directed  to  receive  for  deposit  to  the credit of the state special
 revenue funds - other, HCRA transfer fund, medical  assistance  account,
 or  any  successor  fund  or  account, for purposes of funding the state
 share of services and expenses related to the family health plus program
 including up to two and one-half million dollars annually for the period
 January first, two thousand through December thirty-first, two  thousand
 two  for administration and marketing costs associated with such program
 established pursuant to clause (B) of subparagraph (v) of paragraph  (a)
 of  subdivision two of section three hundred sixty-nine-ee of the social
 services law from the tobacco control  and  insurance  initiatives  pool
 established for the following periods in the following amounts:
   (i)  two  million five hundred thousand dollars for the period January
 first, two thousand through December thirty-first, two thousand;
   (ii) thirty million five hundred thousand dollars for the period Janu-
 ary first, two thousand one through December thirty-first, two  thousand
 one; and
   (iii)  sixty-six  million  dollars  for  the period January first, two
 thousand two through December thirty-first, two thousand two.
   (f) Funds shall be  deposited  by  the  commissioner,  within  amounts
 appropriated,  and  the  state  comptroller  is  hereby  authorized  and
 directed to receive for deposit to  the  credit  of  the  state  special
 revenue  funds  -  other, HCRA transfer fund, medicaid fraud hotline and
 medicaid administration account, or any successor fund or  account,  for
 purposes of payment of administrative expenses of the department related
 to  the family health plus program established pursuant to section three
 hundred sixty-nine-ee of  the  social  services  law  from  the  tobacco
 control  and  insurance  initiatives  pool established for the following
 periods in the following amounts: five hundred thousand  dollars  on  an
 annual  basis for the periods January first, two thousand through Decem-
 ber thirty-first, two thousand six, five hundred  thousand  dollars  for
 the  period  January  first, two thousand seven through December thirty-
 first, two thousand seven, and five hundred  thousand  dollars  for  the
 period  January first, two thousand eight through December thirty-first,
 two thousand eight, five hundred thousand dollars for the period January
 first, two thousand nine through  December  thirty-first,  two  thousand
 nine,  five  hundred  thousand dollars for the period January first, two
 thousand ten  through  December  thirty-first,  two  thousand  ten,  one
 hundred  twenty-five  thousand dollars for the period January first, two
 thousand eleven through March  thirty-first,  two  thousand  eleven  and
 within amounts appropriated on and after April first, two thousand elev-
 en.
   (g)  Funds  shall  be  reserved  and accumulated from year to year and
 shall be available, including income from invested funds,  for  purposes
 of  services and expenses related to the health maintenance organization
 direct pay market program established pursuant to  sections  forty-three
 hundred  twenty-one-a and forty-three hundred twenty-two-a of the insur-
 ance law from the tobacco control and insurance initiatives pool  estab-
 lished for the following periods in the following amounts:
   (i)  up  to  thirty-five million dollars for the period January first,
 two thousand through December thirty-first, two thousand of which  fifty
 percentum  shall  be  allocated  to the program pursuant to section four
 thousand three hundred twenty-one-a  of  the  insurance  law  and  fifty
 S. 4007--A                         52                         A. 3007--A
 
 percentum to the program pursuant to section four thousand three hundred
 twenty-two-a of the insurance law;
   (ii)  up  to  thirty-six million dollars for the period January first,
 two thousand one through December  thirty-first,  two  thousand  one  of
 which  fifty  percentum  shall  be  allocated to the program pursuant to
 section four thousand three hundred twenty-one-a of  the  insurance  law
 and  fifty  percentum  to  the program pursuant to section four thousand
 three hundred twenty-two-a of the insurance law;
   (iii) up to thirty-nine million dollars for the period January  first,
 two  thousand  two  through  December  thirty-first, two thousand two of
 which fifty percentum shall be allocated  to  the  program  pursuant  to
 section  four  thousand  three hundred twenty-one-a of the insurance law
 and fifty percentum to the program pursuant  to  section  four  thousand
 three hundred twenty-two-a of the insurance law;
   (iv)  up  to  forty  million dollars for the period January first, two
 thousand three through December  thirty-first,  two  thousand  three  of
 which  fifty  percentum  shall  be  allocated to the program pursuant to
 section four thousand three hundred twenty-one-a of  the  insurance  law
 and  fifty  percentum  to  the program pursuant to section four thousand
 three hundred twenty-two-a of the insurance law;
   (v) up to forty million dollars for  the  period  January  first,  two
 thousand  four through December thirty-first, two thousand four of which
 fifty percentum shall be allocated to the program  pursuant  to  section
 four  thousand three hundred twenty-one-a of the insurance law and fifty
 percentum to the program pursuant to section four thousand three hundred
 twenty-two-a of the insurance law;
   (vi) up to forty million dollars for the  period  January  first,  two
 thousand  five through December thirty-first, two thousand five of which
 fifty percentum shall be allocated to the program  pursuant  to  section
 four  thousand three hundred twenty-one-a of the insurance law and fifty
 percentum to the program pursuant to section four thousand three hundred
 twenty-two-a of the insurance law;
   (vii) up to forty million dollars for the period  January  first,  two
 thousand  six  through  December thirty-first, two thousand six of which
 fifty percentum shall be allocated to the program  pursuant  to  section
 four  thousand three hundred twenty-one-a of the insurance law and fifty
 percentum shall be allocated to the program  pursuant  to  section  four
 thousand three hundred twenty-two-a of the insurance law;
   (viii)  up  to forty million dollars for the period January first, two
 thousand seven through December  thirty-first,  two  thousand  seven  of
 which  fifty  percentum  shall  be  allocated to the program pursuant to
 section four thousand three hundred twenty-one-a of  the  insurance  law
 and  fifty  percentum  shall  be  allocated  to  the program pursuant to
 section four thousand three hundred twenty-two-a of the  insurance  law;
 and
   (ix)  up  to  forty  million dollars for the period January first, two
 thousand eight through December  thirty-first,  two  thousand  eight  of
 which  fifty  per  centum  shall be allocated to the program pursuant to
 section four thousand three hundred twenty-one-a of  the  insurance  law
 and  fifty  per  centum  shall  be  allocated to the program pursuant to
 section four thousand three hundred twenty-two-a of the insurance law.
   (h) Funds shall be reserved and accumulated  from  year  to  year  and
 shall  be  available, including income from invested funds, for purposes
 of services and expenses related to  the  healthy  New  York  individual
 program  established  pursuant  to  sections four thousand three hundred
 twenty-six and four thousand three hundred twenty-seven of the insurance
 S. 4007--A                         53                         A. 3007--A
 
 law from the tobacco control and insurance initiatives pool  established
 for the following periods in the following amounts:
   (i)  up to six million dollars for the period January first, two thou-
 sand one through December thirty-first, two thousand one;
   (ii) up to twenty-nine million dollars for the period  January  first,
 two thousand two through December thirty-first, two thousand two;
   (iii)  up  to five million one hundred thousand dollars for the period
 January first, two thousand three  through  December  thirty-first,  two
 thousand three;
   (iv)  up  to  twenty-four million six hundred thousand dollars for the
 period January first, two thousand four through  December  thirty-first,
 two thousand four;
   (v)  up  to  thirty-four  million six hundred thousand dollars for the
 period January first, two thousand five through  December  thirty-first,
 two thousand five;
   (vi)  up  to fifty-four million eight hundred thousand dollars for the
 period January first, two thousand six  through  December  thirty-first,
 two thousand six;
   (vii)  up  to sixty-one million seven hundred thousand dollars for the
 period January first, two thousand seven through December  thirty-first,
 two thousand seven; and
   (viii)  up  to  one hundred three million seven hundred fifty thousand
 dollars for the period January first, two thousand eight through  Decem-
 ber thirty-first, two thousand eight.
   (i)  Funds  shall  be  reserved  and accumulated from year to year and
 shall be available, including income from invested funds,  for  purposes
 of  services  and expenses related to the healthy New York group program
 established pursuant to sections four thousand three hundred  twenty-six
 and  four  thousand three hundred twenty-seven of the insurance law from
 the tobacco control and insurance initiatives pool established  for  the
 following periods in the following amounts:
   (i)  up  to  thirty-four million dollars for the period January first,
 two thousand one through December thirty-first, two thousand one;
   (ii) up to seventy-seven million dollars for the period January first,
 two thousand two through December thirty-first, two thousand two;
   (iii) up to ten million five hundred thousand dollars for  the  period
 January  first,  two  thousand  three through December thirty-first, two
 thousand three;
   (iv) up to twenty-four million six hundred thousand  dollars  for  the
 period  January  first, two thousand four through December thirty-first,
 two thousand four;
   (v) up to thirty-four million six hundred  thousand  dollars  for  the
 period  January  first, two thousand five through December thirty-first,
 two thousand five;
   (vi) up to fifty-four million eight hundred thousand dollars  for  the
 period  January  first,  two thousand six through December thirty-first,
 two thousand six;
   (vii) up to sixty-one million seven hundred thousand dollars  for  the
 period  January first, two thousand seven through December thirty-first,
 two thousand seven; and
   (viii) up to one hundred three million seven  hundred  fifty  thousand
 dollars  for the period January first, two thousand eight through Decem-
 ber thirty-first, two thousand eight.
   (i-1) Notwithstanding the provisions of paragraphs (h) and (i) of this
 subdivision, the commissioner shall reserve and  accumulate  up  to  two
 million  five  hundred thousand dollars annually for the periods January
 S. 4007--A                         54                         A. 3007--A
 
 first, two thousand four through  December  thirty-first,  two  thousand
 six,  one  million  four hundred thousand dollars for the period January
 first, two thousand seven through December  thirty-first,  two  thousand
 seven,  two  million  dollars for the period January first, two thousand
 eight through December thirty-first,  two  thousand  eight,  from  funds
 otherwise  available  for  distribution  under  such  paragraphs for the
 services and expenses related to the  pilot  program  for  entertainment
 industry  employees  included  in subsection (b) of section one thousand
 one hundred twenty-two of the insurance law,  and  an  additional  seven
 hundred  thousand  dollars  annually  for the periods January first, two
 thousand four through December thirty-first, two thousand six, an  addi-
 tional  three hundred thousand dollars for the period January first, two
 thousand seven through June thirtieth, two thousand seven  for  services
 and expenses related to the pilot program for displaced workers included
 in  subsection (c) of section one thousand one hundred twenty-two of the
 insurance law.
   (j) Funds shall be reserved and accumulated  from  year  to  year  and
 shall  be  available, including income from invested funds, for purposes
 of services and expenses related  to  the  tobacco  use  prevention  and
 control  program established pursuant to sections thirteen hundred nine-
 ty-nine-ii and thirteen hundred ninety-nine-jj of this chapter, from the
 tobacco control and  insurance  initiatives  pool  established  for  the
 following periods in the following amounts:
   (i)  up  to  thirty  million dollars for the period January first, two
 thousand through December thirty-first, two thousand;
   (ii) up to forty million dollars for the  period  January  first,  two
 thousand one through December thirty-first, two thousand one;
   (iii)  up  to  forty million dollars for the period January first, two
 thousand two through December thirty-first, two thousand two;
   (iv) up to thirty-six million nine hundred fifty thousand dollars  for
 the  period  January  first, two thousand three through December thirty-
 first, two thousand three;
   (v) up to thirty-six million nine hundred fifty thousand  dollars  for
 the  period  January  first,  two thousand four through December thirty-
 first, two thousand four;
   (vi) up to forty million six hundred thousand dollars for  the  period
 January  first,  two  thousand  five  through December thirty-first, two
 thousand five;
   (vii) up to eighty-one million nine hundred thousand dollars  for  the
 period  January  first,  two thousand six through December thirty-first,
 two thousand six, provided, however, that within amounts appropriated, a
 portion of such funds may be transferred  to  the  Roswell  Park  Cancer
 Institute Corporation to support costs associated with cancer research;
   (viii)  up  to  ninety-four million one hundred fifty thousand dollars
 for the period January first, two thousand seven through December  thir-
 ty-first,  two  thousand  seven,  provided, however, that within amounts
 appropriated, a portion of such funds may be transferred to the  Roswell
 Park  Cancer  Institute  Corporation  to  support  costs associated with
 cancer research;
   (ix) up to ninety-four million one hundred fifty thousand dollars  for
 the  period  January  first, two thousand eight through December thirty-
 first, two thousand eight;
   (x) up to ninety-four million one hundred fifty thousand  dollars  for
 the  period  January  first,  two thousand nine through December thirty-
 first, two thousand nine;
 S. 4007--A                         55                         A. 3007--A
 
   (xi) up to eighty-seven million seven  hundred  seventy-five  thousand
 dollars  for the period January first, two thousand ten through December
 thirty-first, two thousand ten;
   (xii)  up  to  twenty-one million four hundred twelve thousand dollars
 for the period January first, two thousand eleven through March  thirty-
 first, two thousand eleven;
   (xiii) up to fifty-two million one hundred thousand dollars each state
 fiscal  year  for  the  period  April first, two thousand eleven through
 March thirty-first, two thousand fourteen;
   (xiv) up to six million dollars each state fiscal year for the  period
 April first, two thousand fourteen through March thirty-first, two thou-
 sand seventeen;
   (xv)  up  to six million dollars each state fiscal year for the period
 April first, two thousand  seventeen  through  March  thirty-first,  two
 thousand twenty; [and]
   (xvi)  up to six million dollars each state fiscal year for the period
 April first, two thousand twenty through March thirty-first,  two  thou-
 sand twenty-three; AND
   (XVII) UP TO SIX MILLION DOLLARS EACH STATE FISCAL YEAR FOR THE PERIOD
 APRIL  FIRST,  TWO THOUSAND TWENTY-THREE THROUGH MARCH THIRTY-FIRST, TWO
 THOUSAND TWENTY-SIX.
   (k) Funds shall be  deposited  by  the  commissioner,  within  amounts
 appropriated,  and  the  state  comptroller  is  hereby  authorized  and
 directed to receive for deposit to  the  credit  of  the  state  special
 revenue  fund - other, HCRA transfer fund, health care services account,
 or any successor fund or account, for purposes of services and  expenses
 related  to public health programs, including comprehensive care centers
 for eating disorders pursuant to the former section twenty-seven hundred
 ninety-nine-l of this chapter, provided however that, for such  centers,
 funds  in  the  amount of five hundred thousand dollars on an annualized
 basis shall be transferred from the health care services account, or any
 successor fund or account, and deposited into the  fund  established  by
 section  ninety-five-e  of  the  state  finance law for periods prior to
 March thirty-first, two thousand eleven, from the  tobacco  control  and
 insurance  initiatives pool established for the following periods in the
 following amounts:
   (i) up to thirty-one million dollars for the period January first, two
 thousand through December thirty-first, two thousand;
   (ii) up to forty-one million dollars for the period January first, two
 thousand one through December thirty-first, two thousand one;
   (iii) up to eighty-one million dollars for the period  January  first,
 two thousand two through December thirty-first, two thousand two;
   (iv)  one hundred twenty-two million five hundred thousand dollars for
 the period January first, two thousand three  through  December  thirty-
 first, two thousand three;
   (v)  one  hundred  eight  million  five  hundred seventy-five thousand
 dollars, plus an additional five hundred thousand dollars, for the peri-
 od January first, two thousand four through December  thirty-first,  two
 thousand four;
   (vi)  ninety-one million eight hundred thousand dollars, plus an addi-
 tional five hundred thousand dollars, for the period January first,  two
 thousand five through December thirty-first, two thousand five;
   (vii) one hundred fifty-six million six hundred thousand dollars, plus
 an  additional  five  hundred  thousand  dollars, for the period January
 first, two thousand six through December thirty-first, two thousand six;
 S. 4007--A                         56                         A. 3007--A

   (viii) one hundred fifty-one million four  hundred  thousand  dollars,
 plus an additional five hundred thousand dollars, for the period January
 first,  two  thousand  seven through December thirty-first, two thousand
 seven;
   (ix)  one  hundred  sixteen  million  nine hundred forty-nine thousand
 dollars, plus an additional five hundred thousand dollars, for the peri-
 od January first, two thousand eight through December thirty-first,  two
 thousand eight;
   (x)  one  hundred  sixteen  million  nine  hundred forty-nine thousand
 dollars, plus an additional five hundred thousand dollars, for the peri-
 od January first, two thousand nine through December  thirty-first,  two
 thousand nine;
   (xi)  one  hundred  sixteen  million  nine hundred forty-nine thousand
 dollars, plus an additional five hundred thousand dollars, for the peri-
 od January first, two thousand ten through  December  thirty-first,  two
 thousand ten;
   (xii)  twenty-nine  million  two  hundred  thirty-seven  thousand  two
 hundred fifty dollars, plus an additional one hundred twenty-five  thou-
 sand  dollars, for the period January first, two thousand eleven through
 March thirty-first, two thousand eleven;
   (xiii) one hundred twenty million thirty-eight  thousand  dollars  for
 the  period April first, two thousand eleven through March thirty-first,
 two thousand twelve; and
   (xiv) one hundred nineteen million four hundred seven thousand dollars
 each state fiscal year for the period April first, two  thousand  twelve
 through March thirty-first, two thousand fourteen.
   (l)  Funds  shall  be  deposited  by  the commissioner, within amounts
 appropriated,  and  the  state  comptroller  is  hereby  authorized  and
 directed  to  receive  for  deposit  to  the credit of the state special
 revenue funds - other, HCRA transfer fund, medical  assistance  account,
 or  any  successor  fund  or  account, for purposes of funding the state
 share of the personal care and certified home health agency rate or  fee
 increases  established  pursuant  to  subdivision three of section three
 hundred sixty-seven-o of  the  social  services  law  from  the  tobacco
 control  and  insurance  initiatives  pool established for the following
 periods in the following amounts:
   (i) twenty-three million two hundred thousand dollars for  the  period
 January first, two thousand through December thirty-first, two thousand;
   (ii)  twenty-three million two hundred thousand dollars for the period
 January first, two thousand one through December thirty-first, two thou-
 sand one;
   (iii) twenty-three million two hundred thousand dollars for the period
 January first, two thousand two through December thirty-first, two thou-
 sand two;
   (iv) up to sixty-five million two hundred  thousand  dollars  for  the
 period  January first, two thousand three through December thirty-first,
 two thousand three;
   (v) up to sixty-five million two  hundred  thousand  dollars  for  the
 period  January  first, two thousand four through December thirty-first,
 two thousand four;
   (vi) up to sixty-five million two hundred  thousand  dollars  for  the
 period  January  first, two thousand five through December thirty-first,
 two thousand five;
   (vii) up to sixty-five million two hundred thousand  dollars  for  the
 period  January  first,  two thousand six through December thirty-first,
 two thousand six;
 S. 4007--A                         57                         A. 3007--A
 
   (viii) up to sixty-five million two hundred thousand dollars  for  the
 period  January first, two thousand seven through December thirty-first,
 two thousand seven; and
   (ix)  up  to  sixteen  million  three hundred thousand dollars for the
 period January first, two thousand eight through March thirty-first, two
 thousand eight.
   (m) Funds shall be  deposited  by  the  commissioner,  within  amounts
 appropriated,  and  the  state  comptroller  is  hereby  authorized  and
 directed to receive for deposit to  the  credit  of  the  state  special
 revenue  funds  - other, HCRA transfer fund, medical assistance account,
 or any successor fund or account, for  purposes  of  funding  the  state
 share  of  services  and expenses related to home care workers insurance
 pilot demonstration programs established pursuant to subdivision two  of
 section  three hundred sixty-seven-o of the social services law from the
 tobacco control and  insurance  initiatives  pool  established  for  the
 following periods in the following amounts:
   (i)  three million eight hundred thousand dollars for the period Janu-
 ary first, two thousand through December thirty-first, two thousand;
   (ii) three million eight hundred thousand dollars for the period Janu-
 ary first, two thousand one through December thirty-first, two  thousand
 one;
   (iii)  three  million  eight  hundred  thousand dollars for the period
 January first, two thousand two through December thirty-first, two thou-
 sand two;
   (iv) up to three million eight hundred thousand dollars for the period
 January first, two thousand three  through  December  thirty-first,  two
 thousand three;
   (v)  up to three million eight hundred thousand dollars for the period
 January first, two thousand  four  through  December  thirty-first,  two
 thousand four;
   (vi) up to three million eight hundred thousand dollars for the period
 January  first,  two  thousand  five  through December thirty-first, two
 thousand five;
   (vii) up to three million eight hundred thousand dollars for the peri-
 od January first, two thousand six through  December  thirty-first,  two
 thousand six;
   (viii)  up  to  three  million  eight hundred thousand dollars for the
 period January first, two thousand seven through December  thirty-first,
 two thousand seven; and
   (ix)  up to nine hundred fifty thousand dollars for the period January
 first, two thousand  eight  through  March  thirty-first,  two  thousand
 eight.
   (n) Funds shall be transferred by the commissioner and shall be depos-
 ited  to  the credit of the special revenue funds - other, miscellaneous
 special revenue fund - 339, elderly  pharmaceutical  insurance  coverage
 program  premium  account authorized pursuant to the provisions of title
 three of article two of the elder law, or any successor fund or account,
 for funding state expenses relating to  the  program  from  the  tobacco
 control  and  insurance  initiatives  pool established for the following
 periods in the following amounts:
   (i) one hundred seven million dollars for the  period  January  first,
 two thousand through December thirty-first, two thousand;
   (ii)  one  hundred  sixty-four  million dollars for the period January
 first, two thousand one through December thirty-first, two thousand one;
 S. 4007--A                         58                         A. 3007--A
 
   (iii) three hundred twenty-two million seven hundred thousand  dollars
 for  the period January first, two thousand two through December thirty-
 first, two thousand two;
   (iv)  four hundred thirty-three million three hundred thousand dollars
 for the period January first, two thousand three through December  thir-
 ty-first, two thousand three;
   (v)  five  hundred four million one hundred fifty thousand dollars for
 the period January first, two thousand  four  through  December  thirty-
 first, two thousand four;
   (vi) five hundred sixty-six million eight hundred thousand dollars for
 the  period  January  first,  two thousand five through December thirty-
 first, two thousand five;
   (vii) six hundred three million one hundred fifty thousand dollars for
 the period January first, two  thousand  six  through  December  thirty-
 first, two thousand six;
   (viii)  six  hundred  sixty million eight hundred thousand dollars for
 the period January first, two thousand seven  through  December  thirty-
 first, two thousand seven;
   (ix)  three hundred sixty-seven million four hundred sixty-three thou-
 sand dollars for the period January first, two  thousand  eight  through
 December thirty-first, two thousand eight;
   (x)  three hundred thirty-four million eight hundred twenty-five thou-
 sand dollars for the period January first,  two  thousand  nine  through
 December thirty-first, two thousand nine;
   (xi)  three  hundred  forty-four million nine hundred thousand dollars
 for the period January first, two thousand ten through December  thirty-
 first, two thousand ten;
   (xii) eighty-seven million seven hundred eighty-eight thousand dollars
 for  the period January first, two thousand eleven through March thirty-
 first, two thousand eleven;
   (xiii) one hundred forty-three  million  one  hundred  fifty  thousand
 dollars  for  the  period April first, two thousand eleven through March
 thirty-first, two thousand twelve;
   (xiv) one hundred twenty million nine hundred fifty  thousand  dollars
 for  the  period  April first, two thousand twelve through March thirty-
 first, two thousand thirteen;
   (xv) one hundred twenty-eight million  eight  hundred  fifty  thousand
 dollars  for the period April first, two thousand thirteen through March
 thirty-first, two thousand fourteen;
   (xvi) one hundred twenty-seven million four hundred  sixteen  thousand
 dollars  each state fiscal year for the period April first, two thousand
 fourteen through March thirty-first, two thousand seventeen;
   (xvii) one hundred twenty-seven million four hundred sixteen  thousand
 dollars  each state fiscal year for the period April first, two thousand
 seventeen through March thirty-first, two thousand twenty; [and]
   (xviii) one hundred twenty-seven million four hundred sixteen thousand
 dollars each state fiscal year for the period April first, two  thousand
 twenty through March thirty-first, two thousand twenty-three; AND
   (XIX)  ONE  HUNDRED TWENTY-SEVEN MILLION FOUR HUNDRED SIXTEEN THOUSAND
 DOLLARS EACH STATE FISCAL YEAR FOR THE PERIOD APRIL FIRST, TWO  THOUSAND
 TWENTY-THREE THROUGH MARCH THIRTY-FIRST, TWO THOUSAND TWENTY-SIX.
   (o)  Funds  shall be reserved and accumulated and shall be transferred
 to the Roswell Park  Cancer  Institute  Corporation,  from  the  tobacco
 control  and  insurance  initiatives  pool established for the following
 periods in the following amounts:
 S. 4007--A                         59                         A. 3007--A
 
   (i) up to ninety million dollars for the  period  January  first,  two
 thousand through December thirty-first, two thousand;
   (ii)  up  to  sixty  million dollars for the period January first, two
 thousand one through December thirty-first, two thousand one;
   (iii) up to eighty-five million dollars for the period January  first,
 two thousand two through December thirty-first, two thousand two;
   (iv)  eighty-five  million  two hundred fifty thousand dollars for the
 period January first, two thousand three through December  thirty-first,
 two thousand three;
   (v)  seventy-eight  million  dollars for the period January first, two
 thousand four through December thirty-first, two thousand four;
   (vi) seventy-eight million dollars for the period January  first,  two
 thousand five through December thirty-first, two thousand five;
   (vii)  ninety-one  million  dollars  for the period January first, two
 thousand six through December thirty-first, two thousand six;
   (viii) seventy-eight million dollars for the period January first, two
 thousand seven through December thirty-first, two thousand seven;
   (ix) seventy-eight million dollars for the period January  first,  two
 thousand eight through December thirty-first, two thousand eight;
   (x)  seventy-eight  million  dollars for the period January first, two
 thousand nine through December thirty-first, two thousand nine;
   (xi) seventy-eight million dollars for the period January  first,  two
 thousand ten through December thirty-first, two thousand ten;
   (xii)  nineteen  million  five hundred thousand dollars for the period
 January first, two thousand eleven through March thirty-first, two thou-
 sand eleven;
   (xiii) sixty-nine million eight hundred forty  thousand  dollars  each
 state  fiscal  year  for  the  period  April  first, two thousand eleven
 through March thirty-first, two thousand fourteen;
   (xiv) up to ninety-six million six hundred thousand dollars each state
 fiscal year for the period April first, two  thousand  fourteen  through
 March thirty-first, two thousand seventeen;
   (xv)  up to ninety-six million six hundred thousand dollars each state
 fiscal year for the period April first, two thousand  seventeen  through
 March thirty-first, two thousand twenty; [and]
   (xvi) up to ninety-six million six hundred thousand dollars each state
 fiscal  year  for  the  period  April first, two thousand twenty through
 March thirty-first, two thousand twenty-three; AND
   (XVII) UP TO NINETY-SIX MILLION  SIX  HUNDRED  THOUSAND  DOLLARS  EACH
 STATE  FISCAL YEAR FOR THE PERIOD APRIL FIRST, TWO THOUSAND TWENTY-THREE
 THROUGH MARCH THIRTY-FIRST, TWO THOUSAND TWENTY-SIX.
   (p) Funds shall be  deposited  by  the  commissioner,  within  amounts
 appropriated,  and  the  state  comptroller  is  hereby  authorized  and
 directed to receive for deposit to  the  credit  of  the  state  special
 revenue  funds - other, indigent care fund - 068, indigent care account,
 or any successor fund or account, for purposes of providing  a  medicaid
 disproportionate  share payment from the high need indigent care adjust-
 ment pool established pursuant to section twenty-eight  hundred  seven-w
 of this article, from the tobacco control and insurance initiatives pool
 established for the following periods in the following amounts:
   (i) eighty-two million dollars annually for the periods January first,
 two thousand through December thirty-first, two thousand two;
   (ii)  up  to  eighty-two million dollars for the period January first,
 two thousand three through December thirty-first, two thousand three;
   (iii) up to eighty-two million dollars for the period  January  first,
 two thousand four through December thirty-first, two thousand four;
 S. 4007--A                         60                         A. 3007--A
 
   (iv)  up  to  eighty-two million dollars for the period January first,
 two thousand five through December thirty-first, two thousand five;
   (v) up to eighty-two million dollars for the period January first, two
 thousand six through December thirty-first, two thousand six;
   (vi)  up  to  eighty-two million dollars for the period January first,
 two thousand seven through December thirty-first, two thousand seven;
   (vii) up to eighty-two million dollars for the period  January  first,
 two thousand eight through December thirty-first, two thousand eight;
   (viii)  up to eighty-two million dollars for the period January first,
 two thousand nine through December thirty-first, two thousand nine;
   (ix) up to eighty-two million dollars for the  period  January  first,
 two thousand ten through December thirty-first, two thousand ten;
   (x)  up to twenty million five hundred thousand dollars for the period
 January first, two thousand eleven through March thirty-first, two thou-
 sand eleven; and
   (xi) up to eighty-two million dollars each state fiscal year  for  the
 period  April first, two thousand eleven through March thirty-first, two
 thousand fourteen.
   (q) Funds shall be reserved and accumulated  from  year  to  year  and
 shall  be  available, including income from invested funds, for purposes
 of providing distributions  to  eligible  school  based  health  centers
 established  pursuant to section eighty-eight of chapter one of the laws
 of nineteen hundred ninety-nine, from the tobacco control and  insurance
 initiatives  pool established for the following periods in the following
 amounts:
   (i) seven million dollars annually for the period January  first,  two
 thousand through December thirty-first, two thousand two;
   (ii)  up  to  seven  million dollars for the period January first, two
 thousand three through December thirty-first, two thousand three;
   (iii) up to seven million dollars for the period  January  first,  two
 thousand four through December thirty-first, two thousand four;
   (iv)  up  to  seven  million dollars for the period January first, two
 thousand five through December thirty-first, two thousand five;
   (v) up to seven million dollars for  the  period  January  first,  two
 thousand six through December thirty-first, two thousand six;
   (vi)  up  to  seven  million dollars for the period January first, two
 thousand seven through December thirty-first, two thousand seven;
   (vii) up to seven million dollars for the period  January  first,  two
 thousand eight through December thirty-first, two thousand eight;
   (viii)  up  to seven million dollars for the period January first, two
 thousand nine through December thirty-first, two thousand nine;
   (ix) up to seven million dollars for the  period  January  first,  two
 thousand ten through December thirty-first, two thousand ten;
   (x)  up  to  one  million seven hundred fifty thousand dollars for the
 period January first, two thousand eleven  through  March  thirty-first,
 two thousand eleven;
   (xi) up to five million six hundred thousand dollars each state fiscal
 year for the period April first, two thousand eleven through March thir-
 ty-first, two thousand fourteen;
   (xii)  up  to  five  million two hundred eighty-eight thousand dollars
 each state fiscal year for the period April first, two thousand fourteen
 through March thirty-first, two thousand seventeen;
   (xiii) up to five million two hundred  eighty-eight  thousand  dollars
 each  state  fiscal year for the period April first, two thousand seven-
 teen through March thirty-first, two thousand twenty; [and]
 S. 4007--A                         61                         A. 3007--A

   (xiv) up to five million two  hundred  eighty-eight  thousand  dollars
 each  state  fiscal year for the period April first, two thousand twenty
 through March thirty-first, two thousand twenty-three; AND
   (XV) UP TO FIVE MILLION TWO HUNDRED EIGHTY-EIGHT THOUSAND DOLLARS EACH
 STATE  FISCAL YEAR FOR THE PERIOD APRIL FIRST, TWO THOUSAND TWENTY-THREE
 THROUGH MARCH THIRTY-FIRST, TWO THOUSAND TWENTY-SIX.
   (r) Funds shall be deposited by the commissioner within amounts appro-
 priated, and the state comptroller is hereby authorized and directed  to
 receive  for  deposit to the credit of the state special revenue funds -
 other, HCRA transfer fund, medical assistance account, or any  successor
 fund  or account, for purposes of providing distributions for supplemen-
 tary  medical  insurance  for  Medicare  part  B  premiums,   physicians
 services,  outpatient  services,  medical  equipment, supplies and other
 health services, from the tobacco control and insurance initiatives pool
 established for the following periods in the following amounts:
   (i) forty-three million dollars for  the  period  January  first,  two
 thousand through December thirty-first, two thousand;
   (ii) sixty-one million dollars for the period January first, two thou-
 sand one through December thirty-first, two thousand one;
   (iii)  sixty-five  million  dollars  for the period January first, two
 thousand two through December thirty-first, two thousand two;
   (iv) sixty-seven million five hundred thousand dollars for the  period
 January  first,  two  thousand  three through December thirty-first, two
 thousand three;
   (v) sixty-eight million dollars for  the  period  January  first,  two
 thousand four through December thirty-first, two thousand four;
   (vi)  sixty-eight  million  dollars  for the period January first, two
 thousand five through December thirty-first, two thousand five;
   (vii) sixty-eight million dollars for the period  January  first,  two
 thousand six through December thirty-first, two thousand six;
   (viii)  seventeen million five hundred thousand dollars for the period
 January first, two thousand seven  through  December  thirty-first,  two
 thousand seven;
   (ix)  sixty-eight  million  dollars  for the period January first, two
 thousand eight through December thirty-first, two thousand eight;
   (x) sixty-eight million dollars for  the  period  January  first,  two
 thousand nine through December thirty-first, two thousand nine;
   (xi)  sixty-eight  million  dollars  for the period January first, two
 thousand ten through December thirty-first, two thousand ten;
   (xii) seventeen million dollars for  the  period  January  first,  two
 thousand eleven through March thirty-first, two thousand eleven; and
   (xiii)  sixty-eight  million  dollars  each  state fiscal year for the
 period April first, two thousand eleven through March thirty-first,  two
 thousand fourteen.
   (s) Funds shall be deposited by the commissioner within amounts appro-
 priated,  and the state comptroller is hereby authorized and directed to
 receive for deposit to the credit of the state special revenue  funds  -
 other,  HCRA transfer fund, medical assistance account, or any successor
 fund or account, for purposes of  providing  distributions  pursuant  to
 paragraphs  (s-5),  (s-6),  (s-7)  and  (s-8)  of  subdivision eleven of
 section twenty-eight hundred seven-c of this article  from  the  tobacco
 control  and  insurance  initiatives  pool established for the following
 periods in the following amounts:
   (i) eighteen million dollars for the period January first,  two  thou-
 sand through December thirty-first, two thousand;
 S. 4007--A                         62                         A. 3007--A
 
   (ii)  twenty-four  million  dollars  annually  for the periods January
 first, two thousand one through December thirty-first, two thousand two;
   (iii)  up to twenty-four million dollars for the period January first,
 two thousand three through December thirty-first, two thousand three;
   (iv) up to twenty-four million dollars for the period  January  first,
 two thousand four through December thirty-first, two thousand four;
   (v)  up  to  twenty-four million dollars for the period January first,
 two thousand five through December thirty-first, two thousand five;
   (vi) up to twenty-four million dollars for the period  January  first,
 two thousand six through December thirty-first, two thousand six;
   (vii)  up to twenty-four million dollars for the period January first,
 two thousand seven through December thirty-first, two thousand seven;
   (viii) up to twenty-four million dollars for the period January first,
 two thousand eight through December thirty-first,  two  thousand  eight;
 and
   (ix)  up  to  twenty-two million dollars for the period January first,
 two thousand nine through November thirtieth, two thousand nine.
   (t) Funds shall be reserved and accumulated from year to year  by  the
 commissioner and shall be made available, including income from invested
 funds:
   (i)  For  the  purpose  of making grants to a state owned and operated
 medical school which does not have a state owned and  operated  hospital
 on  site  and  available for teaching purposes. Notwithstanding sections
 one hundred twelve and one hundred sixty-three of the state finance law,
 such grants shall be made in the amount of up to five  hundred  thousand
 dollars  for  the  period  January  first, two thousand through December
 thirty-first, two thousand;
   (ii) For the purpose of making grants to medical schools  pursuant  to
 section  eighty-six-a  of  chapter  one  of the laws of nineteen hundred
 ninety-nine in the sum of up to four  million  dollars  for  the  period
 January first, two thousand through December thirty-first, two thousand;
 and
   (iii)  The  funds  disbursed pursuant to subparagraphs (i) and (ii) of
 this paragraph from the tobacco control and insurance  initiatives  pool
 are  contingent upon meeting all funding amounts established pursuant to
 paragraphs (a), (b), (c), (d), (e), (f), (l), (m), (n),  (p),  (q),  (r)
 and  (s)  of  this  subdivision,  paragraph  (a)  of subdivision nine of
 section twenty-eight hundred seven-j of  this  article,  and  paragraphs
 (a),  (i)  and  (k)  of  subdivision one of section twenty-eight hundred
 seven-l of this article.
   (u) Funds shall be  deposited  by  the  commissioner,  within  amounts
 appropriated,  and  the  state  comptroller  is  hereby  authorized  and
 directed to receive for deposit to  the  credit  of  the  state  special
 revenue  funds  - other, HCRA transfer fund, medical assistance account,
 or any successor fund or account, for  purposes  of  funding  the  state
 share  of  services  and  expenses  related  to the nursing home quality
 improvement demonstration program established pursuant to section  twen-
 ty-eight  hundred  eight-d  of this article from the tobacco control and
 insurance initiatives pool established for the following periods in  the
 following amounts:
   (i)  up  to twenty-five million dollars for the period beginning April
 first, two thousand two and ending December thirty-first,  two  thousand
 two,  and  on  an  annualized  basis,  for each annual period thereafter
 beginning January first, two thousand three and ending December  thirty-
 first, two thousand four;
 S. 4007--A                         63                         A. 3007--A
 
   (ii)  up  to eighteen million seven hundred fifty thousand dollars for
 the period January first, two thousand  five  through  December  thirty-
 first, two thousand five; and
   (iii)  up  to  fifty-six million five hundred thousand dollars for the
 period January first, two thousand six  through  December  thirty-first,
 two thousand six.
   (v) Funds shall be transferred by the commissioner and shall be depos-
 ited  to the credit of the hospital excess liability pool created pursu-
 ant to section eighteen of chapter two hundred sixty-six of the laws  of
 nineteen  hundred  eighty-six,  or  any  successor  fund or account, for
 purposes of expenses related to the purchase of excess medical  malprac-
 tice  insurance and the cost of administrating the pool, including costs
 associated with the risk  management  program  established  pursuant  to
 section  forty-two  of part A of chapter one of the laws of two thousand
 two required by paragraph (a) of subdivision one of section eighteen  of
 chapter two hundred sixty-six of the laws of nineteen hundred eighty-six
 as may be amended from time to time, from the tobacco control and insur-
 ance  initiatives  pool  established  for  the  following periods in the
 following amounts:
   (i) up to fifty million dollars or so much as is needed for the period
 January first, two thousand two through December thirty-first, two thou-
 sand two;
   (ii) up to seventy-six million seven hundred thousand dollars for  the
 period  January first, two thousand three through December thirty-first,
 two thousand three;
   (iii) up to sixty-five million dollars for the period  January  first,
 two thousand four through December thirty-first, two thousand four;
   (iv)  up  to  sixty-five million dollars for the period January first,
 two thousand five through December thirty-first, two thousand five;
   (v) up to one hundred thirteen million eight hundred thousand  dollars
 for  the period January first, two thousand six through December thirty-
 first, two thousand six;
   (vi) up to one hundred thirty million dollars for the  period  January
 first,  two  thousand  seven through December thirty-first, two thousand
 seven;
   (vii) up to one hundred thirty million dollars for the period  January
 first,  two  thousand  eight through December thirty-first, two thousand
 eight;
   (viii) up to one hundred thirty million dollars for the period January
 first, two thousand nine through  December  thirty-first,  two  thousand
 nine;
   (ix)  up  to one hundred thirty million dollars for the period January
 first, two thousand ten through December thirty-first, two thousand ten;
   (x) up to thirty-two million five hundred  thousand  dollars  for  the
 period  January  first,  two thousand eleven through March thirty-first,
 two thousand eleven;
   (xi) up to one hundred  twenty-seven  million  four  hundred  thousand
 dollars  each state fiscal year for the period April first, two thousand
 eleven through March thirty-first, two thousand fourteen;
   (xii) up to one hundred twenty-seven  million  four  hundred  thousand
 dollars  each state fiscal year for the period April first, two thousand
 fourteen through March thirty-first, two thousand seventeen;
   (xiii) up to one hundred twenty-seven million  four  hundred  thousand
 dollars  each state fiscal year for the period April first, two thousand
 seventeen through March thirty-first, two thousand twenty; [and]
 S. 4007--A                         64                         A. 3007--A
 
   (xiv) up to one hundred twenty-seven  million  four  hundred  thousand
 dollars  each state fiscal year for the period April first, two thousand
 twenty through March thirty-first, two thousand twenty-three; AND
   (XV)  UP  TO  ONE  HUNDRED  TWENTY-SEVEN MILLION FOUR HUNDRED THOUSAND
 DOLLARS EACH STATE FISCAL YEAR FOR THE PERIOD APRIL FIRST, TWO  THOUSAND
 TWENTY-THREE THROUGH MARCH THIRTY-FIRST, TWO THOUSAND TWENTY-SIX.
   (w)  Funds  shall  be  deposited  by  the commissioner, within amounts
 appropriated,  and  the  state  comptroller  is  hereby  authorized  and
 directed  to  receive  for  deposit  to  the credit of the state special
 revenue funds - other, HCRA transfer fund, medical  assistance  account,
 or  any  successor  fund  or  account, for purposes of funding the state
 share of the treatment of breast and cervical cancer pursuant  to  para-
 graph  (d) of subdivision four of section three hundred sixty-six of the
 social services law, from the tobacco control and insurance  initiatives
 pool established for the following periods in the following amounts:
   (i)  up  to four hundred fifty thousand dollars for the period January
 first, two thousand two through December thirty-first, two thousand two;
   (ii) up to two million one hundred thousand  dollars  for  the  period
 January  first,  two  thousand  three through December thirty-first, two
 thousand three;
   (iii) up to two million one hundred thousand dollars  for  the  period
 January  first,  two  thousand  four  through December thirty-first, two
 thousand four;
   (iv) up to two million one hundred thousand  dollars  for  the  period
 January  first,  two  thousand  five  through December thirty-first, two
 thousand five;
   (v) up to two million one hundred  thousand  dollars  for  the  period
 January first, two thousand six through December thirty-first, two thou-
 sand six;
   (vi)  up  to  two  million one hundred thousand dollars for the period
 January first, two thousand seven  through  December  thirty-first,  two
 thousand seven;
   (vii)  up  to  two million one hundred thousand dollars for the period
 January first, two thousand eight  through  December  thirty-first,  two
 thousand eight;
   (viii)  up  to two million one hundred thousand dollars for the period
 January first, two thousand  nine  through  December  thirty-first,  two
 thousand nine;
   (ix)  up  to  two  million one hundred thousand dollars for the period
 January first, two thousand ten through December thirty-first, two thou-
 sand ten;
   (x) up to five hundred twenty-five thousand  dollars  for  the  period
 January first, two thousand eleven through March thirty-first, two thou-
 sand eleven;
   (xi)  up to two million one hundred thousand dollars each state fiscal
 year for the period April first, two thousand eleven through March thir-
 ty-first, two thousand fourteen;
   (xii) up to two million one hundred thousand dollars each state fiscal
 year for the period April first, two  thousand  fourteen  through  March
 thirty-first, two thousand seventeen;
   (xiii)  up  to  two  million  one  hundred thousand dollars each state
 fiscal year for the period April first, two thousand  seventeen  through
 March thirty-first, two thousand twenty; [and]
   (xiv) up to two million one hundred thousand dollars each state fiscal
 year for the period April first, two thousand twenty through March thir-
 ty-first, two thousand twenty-three; AND
 S. 4007--A                         65                         A. 3007--A
 
   (XV)  UP TO TWO MILLION ONE HUNDRED THOUSAND DOLLARS EACH STATE FISCAL
 YEAR FOR THE PERIOD APRIL FIRST, TWO THOUSAND TWENTY-THREE THROUGH MARCH
 THIRTY-FIRST, TWO THOUSAND TWENTY-SIX.
   (x)  Funds  shall  be  deposited  by  the commissioner, within amounts
 appropriated,  and  the  state  comptroller  is  hereby  authorized  and
 directed  to  receive  for  deposit  to  the credit of the state special
 revenue funds - other, HCRA transfer fund, medical  assistance  account,
 or  any  successor  fund  or  account, for purposes of funding the state
 share of the non-public general hospital rates increases for recruitment
 and retention of health care workers from the tobacco control and insur-
 ance initiatives pool established  for  the  following  periods  in  the
 following amounts:
   (i) twenty-seven million one hundred thousand dollars on an annualized
 basis  for  the  period January first, two thousand two through December
 thirty-first, two thousand two;
   (ii) fifty million eight hundred thousand  dollars  on  an  annualized
 basis  for the period January first, two thousand three through December
 thirty-first, two thousand three;
   (iii) sixty-nine million three hundred thousand dollars on an  annual-
 ized  basis  for  the  period  January  first, two thousand four through
 December thirty-first, two thousand four;
   (iv) sixty-nine million three hundred thousand dollars for the  period
 January  first,  two  thousand  five  through December thirty-first, two
 thousand five;
   (v) sixty-nine million three hundred thousand dollars for  the  period
 January first, two thousand six through December thirty-first, two thou-
 sand six;
   (vi)  sixty-five million three hundred thousand dollars for the period
 January first, two thousand seven  through  December  thirty-first,  two
 thousand seven;
   (vii)  sixty-one  million  one  hundred fifty thousand dollars for the
 period January first, two thousand eight through December  thirty-first,
 two thousand eight; and
   (viii)  forty-eight  million seven hundred twenty-one thousand dollars
 for the period January first, two thousand nine through November thirti-
 eth, two thousand nine.
   (y) Funds shall be reserved and accumulated  from  year  to  year  and
 shall  be  available, including income from invested funds, for purposes
 of grants to public general hospitals for recruitment and  retention  of
 health  care  workers pursuant to paragraph (b) of subdivision thirty of
 section twenty-eight hundred seven-c of this article  from  the  tobacco
 control  and  insurance  initiatives  pool established for the following
 periods in the following amounts:
   (i) eighteen million five hundred thousand dollars  on  an  annualized
 basis  for  the  period January first, two thousand two through December
 thirty-first, two thousand two;
   (ii) thirty-seven million four hundred thousand dollars on an  annual-
 ized  basis  for  the  period  January first, two thousand three through
 December thirty-first, two thousand three;
   (iii) fifty-two million two hundred thousand dollars on an  annualized
 basis  for  the period January first, two thousand four through December
 thirty-first, two thousand four;
   (iv) fifty-two million two hundred thousand  dollars  for  the  period
 January  first,  two  thousand  five  through December thirty-first, two
 thousand five;
 S. 4007--A                         66                         A. 3007--A
 
   (v) fifty-two million two hundred  thousand  dollars  for  the  period
 January first, two thousand six through December thirty-first, two thou-
 sand six;
   (vi)  forty-nine  million  dollars  for  the period January first, two
 thousand seven through December thirty-first, two thousand seven;
   (vii) forty-nine million dollars for the  period  January  first,  two
 thousand eight through December thirty-first, two thousand eight; and
   (viii) twelve million two hundred fifty thousand dollars for the peri-
 od  January  first,  two  thousand  nine through March thirty-first, two
 thousand nine.
   Provided, however, amounts pursuant to this paragraph may  be  reduced
 in  an  amount  to  be approved by the director of the budget to reflect
 amounts received from the federal  government  under  the  state's  1115
 waiver  which  are directed under its terms and conditions to the health
 workforce recruitment and retention program.
   (z) Funds shall be  deposited  by  the  commissioner,  within  amounts
 appropriated,  and  the  state  comptroller  is  hereby  authorized  and
 directed to receive for deposit to  the  credit  of  the  state  special
 revenue  funds  - other, HCRA transfer fund, medical assistance account,
 or any successor fund or account, for  purposes  of  funding  the  state
 share  of the non-public residential health care facility rate increases
 for recruitment and retention of health care workers pursuant  to  para-
 graph  (a) of subdivision eighteen of section twenty-eight hundred eight
 of this article from the tobacco control and insurance initiatives  pool
 established for the following periods in the following amounts:
   (i)  twenty-one million five hundred thousand dollars on an annualized
 basis for the period January first, two thousand  two  through  December
 thirty-first, two thousand two;
   (ii) thirty-three million three hundred thousand dollars on an annual-
 ized  basis  for  the  period  January first, two thousand three through
 December thirty-first, two thousand three;
   (iii) forty-six million three hundred thousand dollars on  an  annual-
 ized  basis  for  the  period  January  first, two thousand four through
 December thirty-first, two thousand four;
   (iv) forty-six million three hundred thousand dollars for  the  period
 January  first,  two  thousand  five  through December thirty-first, two
 thousand five;
   (v) forty-six million three hundred thousand dollars  for  the  period
 January first, two thousand six through December thirty-first, two thou-
 sand six;
   (vi) thirty million nine hundred thousand dollars for the period Janu-
 ary  first,  two thousand seven through December thirty-first, two thou-
 sand seven;
   (vii) twenty-four million seven hundred thousand dollars for the peri-
 od January first, two thousand eight through December thirty-first,  two
 thousand eight;
   (viii)  twelve million three hundred seventy-five thousand dollars for
 the period January first, two thousand  nine  through  December  thirty-
 first, two thousand nine;
   (ix)  nine million three hundred thousand dollars for the period Janu-
 ary first, two thousand ten through December thirty-first, two  thousand
 ten; and
   (x)  two  million  three  hundred twenty-five thousand dollars for the
 period January first, two thousand eleven  through  March  thirty-first,
 two thousand eleven.
 S. 4007--A                         67                         A. 3007--A
 
   (aa)  Funds  shall  be  reserved and accumulated from year to year and
 shall be available, including income from invested funds,  for  purposes
 of  grants  to public residential health care facilities for recruitment
 and retention of health care workers pursuant to paragraph (b) of subdi-
 vision  eighteen  of  section twenty-eight hundred eight of this article
 from the tobacco control and insurance initiatives pool established  for
 the following periods in the following amounts:
   (i) seven million five hundred thousand dollars on an annualized basis
 for  the period January first, two thousand two through December thirty-
 first, two thousand two;
   (ii) eleven million seven hundred thousand dollars  on  an  annualized
 basis  for the period January first, two thousand three through December
 thirty-first, two thousand three;
   (iii) sixteen million two hundred thousand dollars  on  an  annualized
 basis  for  the period January first, two thousand four through December
 thirty-first, two thousand four;
   (iv) sixteen million two hundred thousand dollars for the period Janu-
 ary first, two thousand five through December thirty-first, two thousand
 five;
   (v) sixteen million two hundred thousand dollars for the period  Janu-
 ary  first, two thousand six through December thirty-first, two thousand
 six;
   (vi) ten million eight hundred thousand dollars for the period January
 first, two thousand seven through December  thirty-first,  two  thousand
 seven;
   (vii)  six million seven hundred fifty thousand dollars for the period
 January first, two thousand eight  through  December  thirty-first,  two
 thousand eight; and
   (viii) one million three hundred fifty thousand dollars for the period
 January  first,  two  thousand  nine  through December thirty-first, two
 thousand nine.
   (bb)(i) Funds shall be deposited by the commissioner,  within  amounts
 appropriated,  and  subject  to  the  availability  of federal financial
 participation, and  the  state  comptroller  is  hereby  authorized  and
 directed  to  receive  for  deposit  to  the credit of the state special
 revenue funds - other, HCRA transfer fund, medical  assistance  account,
 or  any  successor  fund  or  account, for the purpose of supporting the
 state share of adjustments to Medicaid rates  of  payment  for  personal
 care  services  provided pursuant to paragraph (e) of subdivision two of
 section three hundred sixty-five-a of the social services law, for local
 social service districts which include a city with a population of  over
 one  million  persons  and  computed  and distributed in accordance with
 memorandums of understanding to be entered into between the state of New
 York and such local social service districts for the purpose of support-
 ing the recruitment and retention of personal care  service  workers  or
 any  worker  with  direct  patient care responsibility, from the tobacco
 control and insurance initiatives pool  established  for  the  following
 periods and the following amounts:
   (A) forty-four million dollars, on an annualized basis, for the period
 April  first,  two thousand two through December thirty-first, two thou-
 sand two;
   (B) seventy-four million dollars, on  an  annualized  basis,  for  the
 period  January first, two thousand three through December thirty-first,
 two thousand three;
 S. 4007--A                         68                         A. 3007--A
 
   (C) one hundred four million dollars, on an annualized basis, for  the
 period  January  first, two thousand four through December thirty-first,
 two thousand four;
   (D)  one  hundred  thirty-six million dollars, on an annualized basis,
 for the period January first, two thousand five through  December  thir-
 ty-first, two thousand five;
   (E)  one  hundred  thirty-six million dollars, on an annualized basis,
 for the period January first, two thousand six through December  thirty-
 first, two thousand six;
   (F)  one  hundred  thirty-six  million  dollars for the period January
 first, two thousand seven through December  thirty-first,  two  thousand
 seven;
   (G)  one  hundred  thirty-six  million  dollars for the period January
 first, two thousand eight through December  thirty-first,  two  thousand
 eight;
   (H)  one  hundred  thirty-six  million  dollars for the period January
 first, two thousand nine through  December  thirty-first,  two  thousand
 nine;
   (I)  one  hundred  thirty-six  million  dollars for the period January
 first, two thousand ten through December thirty-first, two thousand ten;
   (J) thirty-four million dollars for  the  period  January  first,  two
 thousand eleven through March thirty-first, two thousand eleven;
   (K)  up  to  one  hundred thirty-six million dollars each state fiscal
 year for the period April first, two thousand eleven through March thir-
 ty-first, two thousand fourteen;
   (L) up to one hundred thirty-six million  dollars  each  state  fiscal
 year  for  the  period March thirty-first, two thousand fourteen through
 April first, two thousand seventeen;
   (M) up to one hundred thirty-six million  dollars  each  state  fiscal
 year  for  the  period April first, two thousand seventeen through March
 thirty-first, two thousand twenty; [and]
   (N) up to one hundred thirty-six million  dollars  each  state  fiscal
 year for the period April first, two thousand twenty through March thir-
 ty-first, two thousand twenty-three; AND
   (O)  UP  TO  ONE  HUNDRED THIRTY-SIX MILLION DOLLARS EACH STATE FISCAL
 YEAR FOR THE PERIOD APRIL FIRST, TWO THOUSAND TWENTY-THREE THROUGH MARCH
 THIRTY-FIRST, TWO THOUSAND TWENTY-SIX.
   (ii) Adjustments to Medicaid rates made  pursuant  to  this  paragraph
 shall  not, in aggregate, exceed the following amounts for the following
 periods:
   (A) for the period April first,  two  thousand  two  through  December
 thirty-first, two thousand two, one hundred ten million dollars;
   (B)  for the period January first, two thousand three through December
 thirty-first,  two  thousand  three,  one  hundred  eighty-five  million
 dollars;
   (C)  for  the period January first, two thousand four through December
 thirty-first, two thousand four, two hundred sixty million dollars;
   (D) for the period January first, two thousand five  through  December
 thirty-first, two thousand five, three hundred forty million dollars;
   (E)  for  the  period January first, two thousand six through December
 thirty-first, two thousand six, three hundred forty million dollars;
   (F) for the period January first, two thousand seven through  December
 thirty-first, two thousand seven, three hundred forty million dollars;
   (G)  for the period January first, two thousand eight through December
 thirty-first, two thousand eight, three hundred forty million dollars;
 S. 4007--A                         69                         A. 3007--A
 
   (H) for the period January first, two thousand nine  through  December
 thirty-first, two thousand nine, three hundred forty million dollars;
   (I)  for  the  period January first, two thousand ten through December
 thirty-first, two thousand ten, three hundred forty million dollars;
   (J) for the period January first, two thousand  eleven  through  March
 thirty-first, two thousand eleven, eighty-five million dollars;
   (K)  for  each  state  fiscal  year within the period April first, two
 thousand eleven through March thirty-first, two thousand fourteen, three
 hundred forty million dollars;
   (L) for each state fiscal year within  the  period  April  first,  two
 thousand  fourteen  through  March thirty-first, two thousand seventeen,
 three hundred forty million dollars;
   (M) for each state fiscal year within  the  period  April  first,  two
 thousand  seventeen  through  March  thirty-first,  two thousand twenty,
 three hundred forty million dollars; [and]
   (N) for each state fiscal year within  the  period  April  first,  two
 thousand  twenty  through March thirty-first, two thousand twenty-three,
 three hundred forty million dollars; AND
   (O) FOR EACH STATE FISCAL YEAR WITHIN  THE  PERIOD  APRIL  FIRST,  TWO
 THOUSAND  TWENTY-THREE  THROUGH MARCH THIRTY-FIRST, TWO THOUSAND TWENTY-
 SIX, THREE HUNDRED FORTY MILLION DOLLARS.
   (iii) Personal care service providers which have their rates  adjusted
 pursuant  to  this  paragraph  shall  use  such funds for the purpose of
 recruitment and retention  of  non-supervisory  personal  care  services
 workers  or  any worker with direct patient care responsibility only and
 are prohibited from using such funds for any other  purpose.  Each  such
 personal  care services provider shall submit, at a time and in a manner
 to be determined by the commissioner, a written certification  attesting
 that  such  funds will be used solely for the purpose of recruitment and
 retention of non-supervisory personal care services workers or any work-
 er with direct patient care responsibility. The commissioner is  author-
 ized  to  audit each such provider to ensure compliance with the written
 certification required by this subdivision and shall  recoup  any  funds
 determined  to  have  been  used for purposes other than recruitment and
 retention of non-supervisory personal care services workers or any work-
 er with direct patient care responsibility. Such recoupment shall be  in
 addition to any other penalties provided by law.
   (cc)  Funds  shall  be  deposited  by the commissioner, within amounts
 appropriated,  and  the  state  comptroller  is  hereby  authorized  and
 directed  to  receive  for  deposit  to  the credit of the state special
 revenue funds - other, HCRA transfer fund, medical  assistance  account,
 or  any  successor  fund  or  account, for the purpose of supporting the
 state share of adjustments to Medicaid rates  of  payment  for  personal
 care  services  provided pursuant to paragraph (e) of subdivision two of
 section three hundred sixty-five-a of the social services law, for local
 social service districts which shall not include a  city  with  a  popu-
 lation  of  over  one  million persons for the purpose of supporting the
 personal care services  worker  recruitment  and  retention  program  as
 established  pursuant  to  section  three  hundred  sixty-seven-q of the
 social services law, from the tobacco control and insurance  initiatives
 pool established for the following periods and the following amounts:
   (i)  two  million  eight hundred thousand dollars for the period April
 first, two thousand two through December thirty-first, two thousand two;
   (ii) five million six  hundred  thousand  dollars,  on  an  annualized
 basis, for the period January first, two thousand three through December
 thirty-first, two thousand three;
 S. 4007--A                         70                         A. 3007--A

   (iii)  eight  million  four hundred thousand dollars, on an annualized
 basis, for the period January first, two thousand four through  December
 thirty-first, two thousand four;
   (iv)  ten  million  eight  hundred  thousand dollars, on an annualized
 basis, for the period January first, two thousand five through  December
 thirty-first, two thousand five;
   (v)  ten  million  eight  hundred  thousand  dollars, on an annualized
 basis, for the period January first, two thousand six  through  December
 thirty-first, two thousand six;
   (vi)  eleven million two hundred thousand dollars for the period Janu-
 ary first, two thousand seven through December thirty-first,  two  thou-
 sand seven;
   (vii) eleven million two hundred thousand dollars for the period Janu-
 ary  first,  two thousand eight through December thirty-first, two thou-
 sand eight;
   (viii) eleven million two hundred  thousand  dollars  for  the  period
 January  first,  two  thousand  nine  through December thirty-first, two
 thousand nine;
   (ix) eleven million two hundred thousand dollars for the period  Janu-
 ary  first, two thousand ten through December thirty-first, two thousand
 ten;
   (x) two million eight hundred thousand dollars for the period  January
 first,  two  thousand  eleven  through  March thirty-first, two thousand
 eleven;
   (xi) up to eleven million two  hundred  thousand  dollars  each  state
 fiscal  year  for  the  period  April first, two thousand eleven through
 March thirty-first, two thousand fourteen;
   (xii) up to eleven million two hundred  thousand  dollars  each  state
 fiscal  year  for  the period April first, two thousand fourteen through
 March thirty-first, two thousand seventeen;
   (xiii) up to eleven million two hundred thousand  dollars  each  state
 fiscal  year  for the period April first, two thousand seventeen through
 March thirty-first, two thousand twenty; [and]
   (xiv) up to eleven million two hundred  thousand  dollars  each  state
 fiscal  year  for  the  period  April first, two thousand twenty through
 March thirty-first, two thousand twenty-three; AND
   (XV) UP TO ELEVEN MILLION TWO  HUNDRED  THOUSAND  DOLLARS  EACH  STATE
 FISCAL  YEAR  FOR  THE  PERIOD  APRIL  FIRST,  TWO THOUSAND TWENTY-THREE
 THROUGH MARCH THIRTY-FIRST, TWO THOUSAND TWENTY-SIX.
   (dd) Funds shall be deposited  by  the  commissioner,  within  amounts
 appropriated,  and  the  state  comptroller  is  hereby  authorized  and
 directed to receive for deposit to  the  credit  of  the  state  special
 revenue fund - other, HCRA transfer fund, medical assistance account, or
 any  successor  fund or account, for purposes of funding the state share
 of Medicaid expenditures for physician services from the tobacco control
 and insurance initiatives pool established for the following periods  in
 the following amounts:
   (i)  up to fifty-two million dollars for the period January first, two
 thousand two through December thirty-first, two thousand two;
   (ii) eighty-one million two hundred thousand dollars  for  the  period
 January  first,  two  thousand  three through December thirty-first, two
 thousand three;
   (iii) eighty-five million two hundred thousand dollars for the  period
 January  first,  two  thousand  four  through December thirty-first, two
 thousand four;
 S. 4007--A                         71                         A. 3007--A

   (iv) eighty-five million two hundred thousand dollars for  the  period
 January  first,  two  thousand  five  through December thirty-first, two
 thousand five;
   (v)  eighty-five  million  two hundred thousand dollars for the period
 January first, two thousand six through December thirty-first, two thou-
 sand six;
   (vi) eighty-five million two hundred thousand dollars for  the  period
 January  first,  two  thousand  seven through December thirty-first, two
 thousand seven;
   (vii) eighty-five million two hundred thousand dollars for the  period
 January  first,  two  thousand  eight through December thirty-first, two
 thousand eight;
   (viii) eighty-five million two hundred thousand dollars for the period
 January first, two thousand  nine  through  December  thirty-first,  two
 thousand nine;
   (ix)  eighty-five  million two hundred thousand dollars for the period
 January first, two thousand ten through December thirty-first, two thou-
 sand ten;
   (x) twenty-one million three hundred thousand dollars for  the  period
 January first, two thousand eleven through March thirty-first, two thou-
 sand eleven; and
   (xi)  eighty-five  million  two  hundred  thousand  dollars each state
 fiscal year for the period April  first,  two  thousand  eleven  through
 March thirty-first, two thousand fourteen.
   (ee)  Funds  shall  be  deposited  by the commissioner, within amounts
 appropriated,  and  the  state  comptroller  is  hereby  authorized  and
 directed  to  receive  for  deposit  to  the credit of the state special
 revenue fund - other, HCRA transfer fund, medical assistance account, or
 any successor fund or account, for purposes of funding the  state  share
 of  the free-standing diagnostic and treatment center rate increases for
 recruitment and retention of health care workers pursuant to subdivision
 seventeen of section twenty-eight hundred seven of this article from the
 tobacco control and  insurance  initiatives  pool  established  for  the
 following periods in the following amounts:
   (i)  three  million  two hundred fifty thousand dollars for the period
 April first, two thousand two through December thirty-first,  two  thou-
 sand two;
   (ii) three million two hundred fifty thousand dollars on an annualized
 basis  for the period January first, two thousand three through December
 thirty-first, two thousand three;
   (iii) three million two hundred fifty thousand dollars on  an  annual-
 ized  basis  for  the  period  January  first, two thousand four through
 December thirty-first, two thousand four;
   (iv) three million two hundred fifty thousand dollars for  the  period
 January  first,  two  thousand  five  through December thirty-first, two
 thousand five;
   (v) three million two hundred fifty thousand dollars  for  the  period
 January first, two thousand six through December thirty-first, two thou-
 sand six;
   (vi)  three  million two hundred fifty thousand dollars for the period
 January first, two thousand seven  through  December  thirty-first,  two
 thousand seven;
   (vii) three million four hundred thirty-eight thousand dollars for the
 period  January first, two thousand eight through December thirty-first,
 two thousand eight;
 S. 4007--A                         72                         A. 3007--A
 
   (viii) two million four hundred fifty thousand dollars for the  period
 January  first,  two  thousand  nine  through December thirty-first, two
 thousand nine;
   (ix)  one million five hundred thousand dollars for the period January
 first, two thousand ten through December thirty-first, two thousand ten;
 and
   (x) three hundred twenty-five thousand dollars for the period  January
 first,  two  thousand  eleven  through  March thirty-first, two thousand
 eleven.
   (ff) Funds shall be deposited  by  the  commissioner,  within  amounts
 appropriated,  and  the  state  comptroller  is  hereby  authorized  and
 directed to receive for deposit to  the  credit  of  the  state  special
 revenue fund - other, HCRA transfer fund, medical assistance account, or
 any  successor  fund or account, for purposes of funding the state share
 of Medicaid expenditures for disabled persons as authorized pursuant  to
 former subparagraphs twelve and thirteen of paragraph (a) of subdivision
 one  of  section three hundred sixty-six of the social services law from
 the tobacco control and insurance initiatives pool established  for  the
 following periods in the following amounts:
   (i)  one  million  eight hundred thousand dollars for the period April
 first, two thousand two through December thirty-first, two thousand two;
   (ii) sixteen million four hundred thousand dollars  on  an  annualized
 basis  for the period January first, two thousand three through December
 thirty-first, two thousand three;
   (iii) eighteen million seven hundred thousand dollars on an annualized
 basis for the period January first, two thousand four  through  December
 thirty-first, two thousand four;
   (iv)  thirty million six hundred thousand dollars for the period Janu-
 ary first, two thousand five through December thirty-first, two thousand
 five;
   (v) thirty million six hundred thousand dollars for the period January
 first, two thousand six through December thirty-first, two thousand six;
   (vi) thirty million six hundred thousand dollars for the period  Janu-
 ary  first,  two thousand seven through December thirty-first, two thou-
 sand seven;
   (vii) fifteen million dollars for the period January first, two  thou-
 sand eight through December thirty-first, two thousand eight;
   (viii) fifteen million dollars for the period January first, two thou-
 sand nine through December thirty-first, two thousand nine;
   (ix)  fifteen  million dollars for the period January first, two thou-
 sand ten through December thirty-first, two thousand ten;
   (x) three million seven hundred fifty thousand dollars for the  period
 January first, two thousand eleven through March thirty-first, two thou-
 sand eleven;
   (xi)  fifteen  million  dollars  each state fiscal year for the period
 April first, two thousand eleven through March thirty-first,  two  thou-
 sand fourteen;
   (xii)  fifteen  million  dollars each state fiscal year for the period
 April first, two thousand fourteen through March thirty-first, two thou-
 sand seventeen;
   (xiii) fifteen million dollars each state fiscal year for  the  period
 April  first,  two  thousand  seventeen  through March thirty-first, two
 thousand twenty; [and]
   (xiv) fifteen million dollars each state fiscal year  for  the  period
 April  first,  two thousand twenty through March thirty-first, two thou-
 sand twenty-three; AND
 S. 4007--A                         73                         A. 3007--A
 
   (XV) FIFTEEN MILLION DOLLARS EACH STATE FISCAL  YEAR  FOR  THE  PERIOD
 APRIL  FIRST,  TWO THOUSAND TWENTY-THREE THROUGH MARCH THIRTY-FIRST, TWO
 THOUSAND TWENTY-SIX.
   (gg)  Funds  shall  be  reserved and accumulated from year to year and
 shall be available, including income from invested funds,  for  purposes
 of  grants  to non-public general hospitals pursuant to paragraph (c) of
 subdivision thirty of section twenty-eight hundred seven-c of this arti-
 cle from the tobacco control and insurance initiatives pool  established
 for the following periods in the following amounts:
   (i)  up to one million three hundred thousand dollars on an annualized
 basis for the period January first, two thousand  two  through  December
 thirty-first, two thousand two;
   (ii) up to three million two hundred thousand dollars on an annualized
 basis  for the period January first, two thousand three through December
 thirty-first, two thousand three;
   (iii) up to five million six hundred thousand dollars on an annualized
 basis for the period January first, two thousand four  through  December
 thirty-first, two thousand four;
   (iv)  up  to eight million six hundred thousand dollars for the period
 January first, two thousand  five  through  December  thirty-first,  two
 thousand five;
   (v)  up to eight million six hundred thousand dollars on an annualized
 basis for the period January first, two thousand  six  through  December
 thirty-first, two thousand six;
   (vi)  up  to  two  million six hundred thousand dollars for the period
 January first, two thousand seven  through  December  thirty-first,  two
 thousand seven;
   (vii)  up  to  two million six hundred thousand dollars for the period
 January first, two thousand eight  through  December  thirty-first,  two
 thousand eight;
   (viii)  up  to two million six hundred thousand dollars for the period
 January first, two thousand  nine  through  December  thirty-first,  two
 thousand nine;
   (ix)  up  to  two  million six hundred thousand dollars for the period
 January first, two thousand ten through December thirty-first, two thou-
 sand ten; and
   (x) up to six hundred fifty thousand dollars for  the  period  January
 first,  two  thousand  eleven  through  March thirty-first, two thousand
 eleven.
   (hh) Funds shall be deposited  by  the  commissioner,  within  amounts
 appropriated,  and  the  state  comptroller  is  hereby  authorized  and
 directed to receive for deposit to the credit  of  the  special  revenue
 fund  -  other,  HCRA  transfer  fund,  medical  assistance  account for
 purposes of providing financial assistance to  residential  health  care
 facilities  pursuant  to subdivisions nineteen and twenty-one of section
 twenty-eight hundred eight of this article, from the tobacco control and
 insurance initiatives pool established for the following periods in  the
 following amounts:
   (i)  for  the  period  April  first, two thousand two through December
 thirty-first, two thousand two, ten million dollars;
   (ii) for the period January first, two thousand three through December
 thirty-first, two thousand three, nine million four hundred fifty  thou-
 sand dollars;
   (iii) for the period January first, two thousand four through December
 thirty-first,  two thousand four, nine million three hundred fifty thou-
 sand dollars;
 S. 4007--A                         74                         A. 3007--A
 
   (iv) up to fifteen million dollars for the period January  first,  two
 thousand five through December thirty-first, two thousand five;
   (v)  up  to  fifteen million dollars for the period January first, two
 thousand six through December thirty-first, two thousand six;
   (vi) up to fifteen million dollars for the period January  first,  two
 thousand seven through December thirty-first, two thousand seven;
   (vii)  up to fifteen million dollars for the period January first, two
 thousand eight through December thirty-first, two thousand eight;
   (viii) up to fifteen million dollars for the period January first, two
 thousand nine through December thirty-first, two thousand nine;
   (ix) up to fifteen million dollars for the period January  first,  two
 thousand ten through December thirty-first, two thousand ten;
   (x)  up  to three million seven hundred fifty thousand dollars for the
 period January first, two thousand eleven  through  March  thirty-first,
 two thousand eleven; and
   (xi)  fifteen  million  dollars  each state fiscal year for the period
 April first, two thousand eleven through March thirty-first,  two  thou-
 sand fourteen.
   (ii)  Funds  shall  be  deposited  by the commissioner, within amounts
 appropriated,  and  the  state  comptroller  is  hereby  authorized  and
 directed  to  receive  for  deposit  to  the credit of the state special
 revenue funds - other, HCRA transfer fund, medical  assistance  account,
 or  any  successor  fund  or  account, for the purpose of supporting the
 state share of Medicaid expenditures for disabled persons as  authorized
 by sections 1619 (a) and (b) of the federal social security act pursuant
 to  the  tobacco  control and insurance initiatives pool established for
 the following periods in the following amounts:
   (i) six million four hundred thousand dollars  for  the  period  April
 first, two thousand two through December thirty-first, two thousand two;
   (ii) eight million five hundred thousand dollars, for the period Janu-
 ary  first,  two thousand three through December thirty-first, two thou-
 sand three;
   (iii) eight million five hundred thousand dollars for the period Janu-
 ary first, two thousand four through December thirty-first, two thousand
 four;
   (iv) eight million five hundred thousand dollars for the period  Janu-
 ary first, two thousand five through December thirty-first, two thousand
 five;
   (v) eight million five hundred thousand dollars for the period January
 first, two thousand six through December thirty-first, two thousand six;
   (vi) eight million six hundred thousand dollars for the period January
 first,  two  thousand  seven through December thirty-first, two thousand
 seven;
   (vii) eight million five hundred thousand dollars for the period Janu-
 ary first, two thousand eight through December thirty-first,  two  thou-
 sand eight;
   (viii)  eight  million  five  hundred  thousand dollars for the period
 January first, two thousand  nine  through  December  thirty-first,  two
 thousand nine;
   (ix)  eight million five hundred thousand dollars for the period Janu-
 ary first, two thousand ten through December thirty-first, two  thousand
 ten;
   (x) two million one hundred twenty-five thousand dollars for the peri-
 od  January  first,  two thousand eleven through March thirty-first, two
 thousand eleven;
 S. 4007--A                         75                         A. 3007--A
 
   (xi) eight million five hundred thousand  dollars  each  state  fiscal
 year for the period April first, two thousand eleven through March thir-
 ty-first, two thousand fourteen;
   (xii)  eight  million  five hundred thousand dollars each state fiscal
 year for the period April first, two  thousand  fourteen  through  March
 thirty-first, two thousand seventeen;
   (xiii)  eight  million five hundred thousand dollars each state fiscal
 year for the period April first, two thousand  seventeen  through  March
 thirty-first, two thousand twenty; [and]
   (xiv)  eight  million  five hundred thousand dollars each state fiscal
 year for the period April first, two thousand twenty through March thir-
 ty-first, two thousand twenty-three; AND
   (XV) EIGHT MILLION FIVE HUNDRED THOUSAND  DOLLARS  EACH  STATE  FISCAL
 YEAR FOR THE PERIOD APRIL FIRST, TWO THOUSAND TWENTY-THREE THROUGH MARCH
 THIRTY-FIRST, TWO THOUSAND TWENTY-SIX.
   (jj)  Funds  shall  be  reserved and accumulated from year to year and
 shall be available,  including  income  from  invested  funds,  for  the
 purposes  of  a grant program to improve access to infertility services,
 treatments and procedures, from the tobacco control and insurance initi-
 atives pool established for the period January first, two  thousand  two
 through  December  thirty-first,  two thousand two in the amount of nine
 million one hundred seventy-five thousand dollars, for the period  April
 first,  two  thousand six through March thirty-first, two thousand seven
 in the amount of five million dollars, for the period April  first,  two
 thousand  seven  through  March  thirty-first, two thousand eight in the
 amount of five million dollars, for the period April first, two thousand
 eight through March thirty-first, two thousand nine  in  the  amount  of
 five  million dollars, and for the period April first, two thousand nine
 through March thirty-first, two thousand  ten  in  the  amount  of  five
 million  dollars,  for  the period April first, two thousand ten through
 March thirty-first, two thousand eleven in the amount of two million two
 hundred thousand dollars, and for the period April first,  two  thousand
 eleven through March thirty-first, two thousand twelve up to one million
 one hundred thousand dollars.
   (kk)  Funds  shall  be  deposited  by the commissioner, within amounts
 appropriated,  and  the  state  comptroller  is  hereby  authorized  and
 directed  to  receive  for  deposit  to  the credit of the state special
 revenue funds -- other, HCRA transfer fund, medical assistance  account,
 or  any  successor  fund  or  account, for purposes of funding the state
 share of  Medical  Assistance  Program  expenditures  from  the  tobacco
 control  and  insurance  initiatives  pool established for the following
 periods in the following amounts:
   (i) thirty-eight million eight hundred thousand dollars for the period
 January first, two thousand two through December thirty-first, two thou-
 sand two;
   (ii) up to two hundred ninety-five  million  dollars  for  the  period
 January  first,  two  thousand  three through December thirty-first, two
 thousand three;
   (iii) up to four hundred seventy-two million dollars  for  the  period
 January  first,  two  thousand  four  through December thirty-first, two
 thousand four;
   (iv) up to nine hundred million dollars for the period January  first,
 two thousand five through December thirty-first, two thousand five;
   (v)  up  to  eight  hundred  sixty-six  million three hundred thousand
 dollars for the period January first, two thousand six through  December
 thirty-first, two thousand six;
 S. 4007--A                         76                         A. 3007--A
 
   (vi)  up to six hundred sixteen million seven hundred thousand dollars
 for the period January first, two thousand seven through December  thir-
 ty-first, two thousand seven;
   (vii)  up  to  five hundred seventy-eight million nine hundred twenty-
 five thousand dollars for the period January first, two  thousand  eight
 through December thirty-first, two thousand eight; and
   (viii)  within  amounts  appropriated  on and after January first, two
 thousand nine.
   (ll) Funds shall be deposited  by  the  commissioner,  within  amounts
 appropriated,  and  the  state  comptroller  is  hereby  authorized  and
 directed to receive for deposit to  the  credit  of  the  state  special
 revenue  funds -- other, HCRA transfer fund, medical assistance account,
 or any successor fund or account, for  purposes  of  funding  the  state
 share  of Medicaid expenditures related to the city of New York from the
 tobacco control and  insurance  initiatives  pool  established  for  the
 following periods in the following amounts:
   (i)  eighty-two  million seven hundred thousand dollars for the period
 January first, two thousand two through December thirty-first, two thou-
 sand two;
   (ii) one hundred twenty-four million six hundred thousand dollars  for
 the  period  January  first, two thousand three through December thirty-
 first, two thousand three;
   (iii) one hundred twenty-four million seven hundred  thousand  dollars
 for  the  period January first, two thousand four through December thir-
 ty-first, two thousand four;
   (iv) one hundred twenty-four million seven  hundred  thousand  dollars
 for  the  period January first, two thousand five through December thir-
 ty-first, two thousand five;
   (v) one hundred twenty-four million seven hundred thousand dollars for
 the period January first, two  thousand  six  through  December  thirty-
 first, two thousand six;
   (vi)  one  hundred  twenty-four million seven hundred thousand dollars
 for the period January first, two thousand seven through December  thir-
 ty-first, two thousand seven;
   (vii)  one  hundred twenty-four million seven hundred thousand dollars
 for the period January first, two thousand eight through December  thir-
 ty-first, two thousand eight;
   (viii)  one hundred twenty-four million seven hundred thousand dollars
 for the period January first, two thousand nine through  December  thir-
 ty-first, two thousand nine;
   (ix)  one  hundred  twenty-four million seven hundred thousand dollars
 for the period January first, two thousand ten through December  thirty-
 first, two thousand ten;
   (x)  thirty-one  million one hundred seventy-five thousand dollars for
 the period January first, two  thousand  eleven  through  March  thirty-
 first, two thousand eleven; and
   (xi)  one  hundred  twenty-four million seven hundred thousand dollars
 each state fiscal year for the period April first, two  thousand  eleven
 through March thirty-first, two thousand fourteen.
   (mm)  Funds  shall  be  deposited  by the commissioner, within amounts
 appropriated,  and  the  state  comptroller  is  hereby  authorized  and
 directed  to  receive  for  deposit  to  the credit of the state special
 revenue funds - other, HCRA transfer fund, medical  assistance  account,
 or  any  successor  fund  or  account, for purposes of funding specified
 percentages of the state share of services and expenses related  to  the
 family health plus program in accordance with the following schedule:
 S. 4007--A                         77                         A. 3007--A
 
   (i)  (A)  for  the  period  January  first, two thousand three through
 December thirty-first, two thousand four, one  hundred  percent  of  the
 state share;
   (B)  for  the period January first, two thousand five through December
 thirty-first, two thousand  five,  seventy-five  percent  of  the  state
 share; and
   (C)  for  periods  beginning  on and after January first, two thousand
 six, fifty percent of the state share.
   (ii) Funding for the family health plus program  will  include  up  to
 five million dollars annually for the period January first, two thousand
 three  through  December  thirty-first,  two  thousand  six,  up to five
 million dollars for the period January first, two thousand seven through
 December thirty-first, two thousand  seven,  up  to  seven  million  two
 hundred  thousand  dollars  for  the  period January first, two thousand
 eight through December thirty-first, two thousand  eight,  up  to  seven
 million  two  hundred thousand dollars for the period January first, two
 thousand nine through December thirty-first, two thousand  nine,  up  to
 seven million two hundred thousand dollars for the period January first,
 two  thousand ten through December thirty-first, two thousand ten, up to
 one million eight hundred thousand dollars for the period January first,
 two thousand eleven through March thirty-first, two thousand eleven,  up
 to  six  million forty-nine thousand dollars for the period April first,
 two thousand eleven through March thirty-first, two thousand twelve,  up
 to  six  million two hundred eighty-nine thousand dollars for the period
 April first, two thousand twelve through March thirty-first,  two  thou-
 sand  thirteen,  and  up  to six million four hundred sixty-one thousand
 dollars for the period April first, two thousand thirteen through  March
 thirty-first,  two  thousand  fourteen, for administration and marketing
 costs associated with such program established pursuant to  clauses  (A)
 and  (B)  of subparagraph (v) of paragraph (a) of subdivision two of THE
 FORMER section three hundred sixty-nine-ee of the  social  services  law
 from  the tobacco control and insurance initiatives pool established for
 the following periods in the following amounts:
   (A) one hundred ninety million six hundred thousand  dollars  for  the
 period  January first, two thousand three through December thirty-first,
 two thousand three;
   (B) three hundred seventy-four million dollars for the period  January
 first,  two  thousand  four  through December thirty-first, two thousand
 four;
   (C) five hundred thirty-eight million four  hundred  thousand  dollars
 for  the  period January first, two thousand five through December thir-
 ty-first, two thousand five;
   (D) three hundred eighteen million seven hundred seventy-five thousand
 dollars for the period January first, two thousand six through  December
 thirty-first, two thousand six;
   (E) four hundred eighty-two million eight hundred thousand dollars for
 the  period  January  first, two thousand seven through December thirty-
 first, two thousand seven;
   (F) five hundred seventy million twenty-five thousand dollars for  the
 period  January first, two thousand eight through December thirty-first,
 two thousand eight;
   (G) six hundred ten million seven hundred twenty-five thousand dollars
 for the period January first, two thousand nine through  December  thir-
 ty-first, two thousand nine;
 S. 4007--A                         78                         A. 3007--A
 
   (H) six hundred twenty-seven million two hundred seventy-five thousand
 dollars  for the period January first, two thousand ten through December
 thirty-first, two thousand ten;
   (I)  one  hundred fifty-seven million eight hundred seventy-five thou-
 sand dollars for the period January first, two thousand  eleven  through
 March thirty-first, two thousand eleven;
   (J) six hundred twenty-eight million four hundred thousand dollars for
 the  period April first, two thousand eleven through March thirty-first,
 two thousand twelve;
   (K) six hundred fifty million four hundred thousand  dollars  for  the
 period  April first, two thousand twelve through March thirty-first, two
 thousand thirteen;
   (L) six hundred fifty million four hundred thousand  dollars  for  the
 period  April  first,  two thousand thirteen through March thirty-first,
 two thousand fourteen; and
   (M) up to three hundred ten million five hundred ninety-five  thousand
 dollars  for the period April first, two thousand fourteen through March
 thirty-first, two thousand fifteen.
   (nn) Funds shall be deposited  by  the  commissioner,  within  amounts
 appropriated,  and  the  state  comptroller  is  hereby  authorized  and
 directed to receive for deposit to  the  credit  of  the  state  special
 revenue  fund - other, HCRA transfer fund, health care services account,
 or any successor fund or account, for purposes  related  to  adult  home
 initiatives  for  medicaid  eligible residents of residential facilities
 licensed pursuant to section four hundred sixty-b of the social services
 law from the tobacco control and insurance initiatives pool  established
 for the following periods in the following amounts:
   (i) up to four million dollars for the period January first, two thou-
 sand three through December thirty-first, two thousand three;
   (ii) up to six million dollars for the period January first, two thou-
 sand four through December thirty-first, two thousand four;
   (iii)  up  to  eight million dollars for the period January first, two
 thousand  five  through  December  thirty-first,  two   thousand   five,
 provided,  however,  that  up to five million two hundred fifty thousand
 dollars of such funds shall be received by the comptroller and deposited
 to the credit of the special revenue fund - other / aid  to  localities,
 HCRA  transfer  fund - 061, enhanced community services account - 05, or
 any successor fund or account, for the purposes set forth in this  para-
 graph;
   (iv)  up  to  eight  million dollars for the period January first, two
 thousand six through December thirty-first, two thousand six,  provided,
 however,  that  up to five million two hundred fifty thousand dollars of
 such funds shall be received by the comptroller  and  deposited  to  the
 credit  of  the  special  revenue fund - other / aid to localities, HCRA
 transfer fund - 061, enhanced community services account -  05,  or  any
 successor fund or account, for the purposes set forth in this paragraph;
   (v)  up  to  eight  million  dollars for the period January first, two
 thousand  seven  through  December  thirty-first,  two  thousand  seven,
 provided,  however,  that  up to five million two hundred fifty thousand
 dollars of such funds shall be received by the comptroller and deposited
 to the credit of the special revenue fund - other / aid  to  localities,
 HCRA  transfer  fund - 061, enhanced community services account - 05, or
 any successor fund or account, for the purposes set forth in this  para-
 graph;
 S. 4007--A                         79                         A. 3007--A
 
   (vi)  up  to  two million seven hundred fifty thousand dollars for the
 period January first, two thousand eight through December  thirty-first,
 two thousand eight;
   (vii)  up  to two million seven hundred fifty thousand dollars for the
 period January first, two thousand nine through  December  thirty-first,
 two thousand nine;
   (viii)  up to two million seven hundred fifty thousand dollars for the
 period January first, two thousand ten  through  December  thirty-first,
 two thousand ten; and
   (ix)  up  to  six hundred eighty-eight thousand dollars for the period
 January first, two thousand eleven through March thirty-first, two thou-
 sand eleven.
   (oo) Funds shall be reserved and accumulated from  year  to  year  and
 shall  be  available, including income from invested funds, for purposes
 of grants to non-public general hospitals pursuant to paragraph  (e)  of
 subdivision  twenty-five of section twenty-eight hundred seven-c of this
 article from the tobacco control and insurance initiatives  pool  estab-
 lished for the following periods in the following amounts:
   (i)  up  to five million dollars on an annualized basis for the period
 January first, two thousand  four  through  December  thirty-first,  two
 thousand four;
   (ii)  up  to  five  million  dollars for the period January first, two
 thousand five through December thirty-first, two thousand five;
   (iii) up to five million dollars for the  period  January  first,  two
 thousand six through December thirty-first, two thousand six;
   (iv)  up  to  five  million  dollars for the period January first, two
 thousand seven through December thirty-first, two thousand seven;
   (v) up to five million dollars for the period January first, two thou-
 sand eight through December thirty-first, two thousand eight;
   (vi) up to five million dollars for  the  period  January  first,  two
 thousand nine through December thirty-first, two thousand nine;
   (vii)  up  to  five  million dollars for the period January first, two
 thousand ten through December thirty-first, two thousand ten; and
   (viii) up to one million two hundred fifty thousand  dollars  for  the
 period  January  first,  two thousand eleven through March thirty-first,
 two thousand eleven.
   (pp) Funds shall be reserved and accumulated from  year  to  year  and
 shall  be  available,  including  income  from  invested  funds, for the
 purpose of supporting the provision of tax credits for  long  term  care
 insurance  pursuant  to subdivision one of section one hundred ninety of
 the tax law, paragraph  (a)  of  subdivision  fourteen  of  section  two
 hundred ten-B of such law, subsection (aa) of section six hundred six of
 such law and paragraph one of subdivision (m) of section fifteen hundred
 eleven of such law, in the following amounts:
   (i)  ten  million  dollars  for the period January first, two thousand
 four through December thirty-first, two thousand four;
   (ii) ten million dollars for the period January  first,  two  thousand
 five through December thirty-first, two thousand five;
   (iii)  ten  million dollars for the period January first, two thousand
 six through December thirty-first, two thousand six; and
   (iv) five million dollars for the period January first,  two  thousand
 seven through June thirtieth, two thousand seven.
   (qq)  Funds  shall  be  reserved and accumulated from year to year and
 shall be available,  including  income  from  invested  funds,  for  the
 purpose  of  supporting  the  long-term  care  insurance  education  and
 S. 4007--A                         80                         A. 3007--A
 
 outreach program established pursuant to section two hundred seventeen-a
 of the elder law for the following periods in the following amounts:
   (i) up to five million dollars for the period January first, two thou-
 sand  four  through  December  thirty-first,  two thousand four; of such
 funds one million nine hundred fifty  thousand  dollars  shall  be  made
 available  to the department for the purpose of developing, implementing
 and administering the long-term care insurance  education  and  outreach
 program  and  three million fifty thousand dollars shall be deposited by
 the commissioner, within amounts appropriated, and  the  comptroller  is
 hereby  authorized  and directed to receive for deposit to the credit of
 the special revenue funds - other, HCRA transfer fund,  long  term  care
 insurance  resource  center account of the state office for the aging or
 any future account designated for the purpose of implementing  the  long
 term  care  insurance  education  and outreach program and providing the
 long term care insurance resource centers with the  necessary  resources
 to carry out their operations;
   (ii)  up  to  five  million  dollars for the period January first, two
 thousand five through December thirty-first, two thousand five; of  such
 funds  one  million  nine  hundred  fifty thousand dollars shall be made
 available to the department for the purpose of developing,  implementing
 and  administering  the  long-term care insurance education and outreach
 program and three million fifty thousand dollars shall be  deposited  by
 the  commissioner,  within  amounts appropriated, and the comptroller is
 hereby authorized and directed to receive for deposit to the  credit  of
 the  special  revenue  funds - other, HCRA transfer fund, long term care
 insurance resource center account of the state office for the  aging  or
 any  future  account designated for the purpose of implementing the long
 term care insurance education and outreach  program  and  providing  the
 long  term  care insurance resource centers with the necessary resources
 to carry out their operations;
   (iii) up to five million dollars for the  period  January  first,  two
 thousand  six  through  December thirty-first, two thousand six; of such
 funds one million nine hundred fifty  thousand  dollars  shall  be  made
 available  to the department for the purpose of developing, implementing
 and administering the long-term care insurance  education  and  outreach
 program and three million fifty thousand dollars shall be made available
 to  the  office for the aging for the purpose of providing the long term
 care insurance resource centers with the necessary  resources  to  carry
 out their operations;
   (iv)  up  to  five  million  dollars for the period January first, two
 thousand seven through December thirty-first,  two  thousand  seven;  of
 such funds one million nine hundred fifty thousand dollars shall be made
 available  to the department for the purpose of developing, implementing
 and administering the long-term care insurance  education  and  outreach
 program and three million fifty thousand dollars shall be made available
 to  the  office for the aging for the purpose of providing the long term
 care insurance resource centers with the necessary  resources  to  carry
 out their operations;
   (v) up to five million dollars for the period January first, two thou-
 sand  eight  through  December thirty-first, two thousand eight; of such
 funds one million nine hundred fifty  thousand  dollars  shall  be  made
 available  to the department for the purpose of developing, implementing
 and administering the long term care insurance  education  and  outreach
 program and three million fifty thousand dollars shall be made available
 to  the  office for the aging for the purpose of providing the long term
 S. 4007--A                         81                         A. 3007--A
 
 care insurance resource centers with the necessary  resources  to  carry
 out their operations;
   (vi)  up  to  five  million  dollars for the period January first, two
 thousand nine through December thirty-first, two thousand nine; of  such
 funds  one  million  nine  hundred  fifty thousand dollars shall be made
 available to the department for the purpose of developing,  implementing
 and  administering  the  long-term care insurance education and outreach
 program and three million fifty thousand dollars shall be made available
 to the office for the aging for the purpose of providing  the  long-term
 care  insurance  resource  centers with the necessary resources to carry
 out their operations;
   (vii) up to four hundred eighty-eight thousand dollars for the  period
 January first, two thousand ten through March thirty-first, two thousand
 ten;  of  such funds four hundred eighty-eight thousand dollars shall be
 made available to the department for the purpose of  developing,  imple-
 menting  and  administering  the  long-term care insurance education and
 outreach program.
   (rr) Funds shall be reserved and accumulated from the tobacco  control
 and  insurance initiatives pool and shall be available, including income
 from invested funds, for the purpose of supporting expenses  related  to
 implementation of the provisions of title three of article twenty-nine-D
 of this chapter, for the following periods and in the following amounts:
   (i)  up to ten million dollars for the period January first, two thou-
 sand six through December thirty-first, two thousand six;
   (ii) up to ten million dollars for the period January first, two thou-
 sand seven through December thirty-first, two thousand seven;
   (iii) up to ten million dollars for  the  period  January  first,  two
 thousand eight through December thirty-first, two thousand eight;
   (iv) up to ten million dollars for the period January first, two thou-
 sand nine through December thirty-first, two thousand nine;
   (v)  up to ten million dollars for the period January first, two thou-
 sand ten through December thirty-first, two thousand ten; and
   (vi) up to two million five hundred thousand dollars  for  the  period
 January first, two thousand eleven through March thirty-first, two thou-
 sand eleven.
   (ss)  Funds shall be reserved and accumulated from the tobacco control
 and insurance initiatives pool and used for a health care  stabilization
 program  established by the commissioner for the purposes of stabilizing
 critical health care providers and health care programs whose ability to
 continue to provide appropriate services are threatened by financial  or
 other  challenges,  in  the amount of up to twenty-eight million dollars
 for the period July first, two thousand four through June thirtieth, two
 thousand five. Notwithstanding the provisions  of  section  one  hundred
 twelve  of  the state finance law or any other inconsistent provision of
 the state finance law or any other law, funds available for distribution
 pursuant to this paragraph may  be  allocated  and  distributed  by  the
 commissioner,  or  the state comptroller as applicable without a compet-
 itive bid or request for proposal process. Considerations relied upon by
 the commissioner in determining the allocation and distribution of these
 funds shall include, but not be  limited  to,  the  following:  (i)  the
 importance  of  the  provider or program in meeting critical health care
 needs in the community in  which  it  operates;  (ii)  the  provider  or
 program provision of care to under-served populations; (iii) the quality
 of the care or services the provider or program delivers; (iv) the abil-
 ity  of  the  provider  or program to continue to deliver an appropriate
 level of care or services if additional funding is made  available;  (v)
 S. 4007--A                         82                         A. 3007--A
 
 the  ability  of  the provider or program to access, in a timely manner,
 alternative sources of funding, including other  sources  of  government
 funding; (vi) the ability of other providers or programs in the communi-
 ty  to  meet the community health care needs; (vii) whether the provider
 or program has an appropriate plan to improve its  financial  condition;
 and  (viii)  whether  additional  funding  would  permit the provider or
 program to consolidate, relocate, or close programs  or  services  where
 such  actions  would  result  in greater stability and efficiency in the
 delivery of needed health care services or programs.
   (tt) Funds shall be reserved and accumulated from  year  to  year  and
 shall  be  available, including income from invested funds, for purposes
 of providing grants  for  two  long  term  care  demonstration  projects
 designed  to test new models for the delivery of long term care services
 established pursuant to section twenty-eight  hundred  seven-x  of  this
 chapter, for the following periods and in the following amounts:
   (i)  up to five hundred thousand dollars for the period January first,
 two thousand four through December thirty-first, two thousand four;
   (ii) up to five hundred thousand dollars for the period January first,
 two thousand five through December thirty-first, two thousand five;
   (iii) up to five hundred  thousand  dollars  for  the  period  January
 first, two thousand six through December thirty-first, two thousand six;
   (iv) up to one million dollars for the period January first, two thou-
 sand seven through December thirty-first, two thousand seven; and
   (v)  up  to  two hundred fifty thousand dollars for the period January
 first, two thousand  eight  through  March  thirty-first,  two  thousand
 eight.
   (uu)  Funds  shall  be  reserved and accumulated from year to year and
 shall be available,  including  income  from  invested  funds,  for  the
 purpose  of supporting disease management and telemedicine demonstration
 programs authorized pursuant to section  twenty-one  hundred  eleven  of
 this chapter for the following periods in the following amounts:
   (i)  five  million  dollars for the period January first, two thousand
 four through December thirty-first, two thousand four,  of  which  three
 million  dollars shall be available for disease management demonstration
 programs and two million dollars shall  be  available  for  telemedicine
 demonstration programs;
   (ii)  five  million dollars for the period January first, two thousand
 five through December thirty-first, two thousand five,  of  which  three
 million  dollars shall be available for disease management demonstration
 programs and two million dollars shall  be  available  for  telemedicine
 demonstration programs;
   (iii)  nine million five hundred thousand dollars for the period Janu-
 ary first, two thousand six through December thirty-first, two  thousand
 six,  of  which  seven  million  five  hundred thousand dollars shall be
 available for disease management demonstration programs and two  million
 dollars shall be available for telemedicine demonstration programs;
   (iv) nine million five hundred thousand dollars for the period January
 first,  two  thousand  seven through December thirty-first, two thousand
 seven, of which seven million five hundred  thousand  dollars  shall  be
 available  for disease management demonstration programs and one million
 dollars shall be available for telemedicine demonstration programs;
   (v) nine million five hundred thousand dollars for the period  January
 first,  two  thousand  eight through December thirty-first, two thousand
 eight, of which seven million five hundred  thousand  dollars  shall  be
 available  for disease management demonstration programs and two million
 dollars shall be available for telemedicine demonstration programs;
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   (vi) seven million eight hundred thirty-three thousand  three  hundred
 thirty-three  dollars  for  the  period January first, two thousand nine
 through December thirty-first, two thousand nine, of which seven million
 five hundred thousand dollars shall be available for disease  management
 demonstration  programs  and  three  hundred thirty-three thousand three
 hundred thirty-three dollars shall be available for telemedicine  demon-
 stration  programs  for  the  period  January  first,  two thousand nine
 through March first, two thousand nine;
   (vii) one million eight hundred seventy-five thousand dollars for  the
 period  January  first, two thousand ten through March thirty-first, two
 thousand ten shall be available  for  disease  management  demonstration
 programs.
   (ww)  Funds  shall  be  deposited  by the commissioner, within amounts
 appropriated,  and  the  state  comptroller  is  hereby  authorized  and
 directed  to  receive for the deposit to the credit of the state special
 revenue funds - other, HCRA transfer fund, medical  assistance  account,
 or  any  successor  fund  or  account, for purposes of funding the state
 share of the  general  hospital  rates  increases  for  recruitment  and
 retention  of  health care workers pursuant to paragraph (e) of subdivi-
 sion thirty of section twenty-eight hundred seven-c of this article from
 the tobacco control and insurance initiatives pool established  for  the
 following periods in the following amounts:
   (i) sixty million five hundred thousand dollars for the period January
 first,  two  thousand  five  through December thirty-first, two thousand
 five; and
   (ii) sixty million five hundred thousand dollars for the period  Janu-
 ary  first, two thousand six through December thirty-first, two thousand
 six.
   (xx) Funds shall be deposited  by  the  commissioner,  within  amounts
 appropriated,  and  the  state  comptroller  is  hereby  authorized  and
 directed to receive for the deposit to the credit of the  state  special
 revenue  funds  - other, HCRA transfer fund, medical assistance account,
 or any successor fund or account, for  purposes  of  funding  the  state
 share of the general hospital rates increases for rural hospitals pursu-
 ant to subdivision thirty-two of section twenty-eight hundred seven-c of
 this  article  from  the  tobacco control and insurance initiatives pool
 established for the following periods in the following amounts:
   (i) three million five hundred thousand dollars for the period January
 first, two thousand five through  December  thirty-first,  two  thousand
 five;
   (ii)  three million five hundred thousand dollars for the period Janu-
 ary first, two thousand six through December thirty-first, two  thousand
 six;
   (iii) three million five hundred thousand dollars for the period Janu-
 ary  first,  two thousand seven through December thirty-first, two thou-
 sand seven;
   (iv) three million five hundred thousand dollars for the period  Janu-
 ary  first,  two thousand eight through December thirty-first, two thou-
 sand eight; and
   (v) three million two hundred eight thousand dollars  for  the  period
 January  first,  two thousand nine through November thirtieth, two thou-
 sand nine.
   (yy) Funds shall be reserved and accumulated from  year  to  year  and
 shall  be  available,  within  amounts  appropriated and notwithstanding
 section one hundred twelve of  the  state  finance  law  and  any  other
 contrary  provision  of law, for the purpose of supporting grants not to
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 exceed five million dollars to be made by  the  commissioner  without  a
 competitive  bid  or  request  for  proposal  process, in support of the
 delivery of critically needed  health  care  services,  to  health  care
 providers  located  in the counties of Erie and Niagara which executed a
 memorandum of closing and conducted a merger closing in escrow on Novem-
 ber twenty-fourth, nineteen hundred ninety-seven and which entered  into
 a  settlement  dated December thirtieth, two thousand four for a loss on
 disposal of assets under the provisions of title XVIII  of  the  federal
 social  security  act  applicable to mergers occurring prior to December
 first, nineteen hundred ninety-seven.
   (zz) Funds shall be reserved and accumulated from  year  to  year  and
 shall  be  available,  within  amounts  appropriated, for the purpose of
 supporting expenditures  authorized  pursuant  to  section  twenty-eight
 hundred  eighteen of this article from the tobacco control and insurance
 initiatives pool established for the following periods in the  following
 amounts:
   (i)  six  million five hundred thousand dollars for the period January
 first, two thousand five through  December  thirty-first,  two  thousand
 five;
   (ii)  one hundred eight million three hundred thousand dollars for the
 period January first, two thousand six  through  December  thirty-first,
 two thousand six, provided, however, that within amounts appropriated in
 the  two  thousand  six  through two thousand seven state fiscal year, a
 portion of such funds may be transferred  to  the  Roswell  Park  Cancer
 Institute Corporation to fund capital costs;
   (iii)  one  hundred seventy-one million dollars for the period January
 first, two thousand seven through December  thirty-first,  two  thousand
 seven,  provided,  however,  that within amounts appropriated in the two
 thousand six through two thousand seven state fiscal year, a portion  of
 such  funds  may  be  transferred  to  the Roswell Park Cancer Institute
 Corporation to fund capital costs;
   (iv) one hundred seventy-one million five hundred thousand dollars for
 the period January first, two thousand eight  through  December  thirty-
 first, two thousand eight;
   (v)  one  hundred  twenty-eight  million  seven hundred fifty thousand
 dollars for the period January first, two thousand nine through December
 thirty-first, two thousand nine;
   (vi) one hundred thirty-one million three hundred  seventy-five  thou-
 sand  dollars  for  the  period  January first, two thousand ten through
 December thirty-first, two thousand ten;
   (vii) thirty-four million two hundred fifty thousand dollars  for  the
 period  January  first,  two thousand eleven through March thirty-first,
 two thousand eleven;
   (viii) four hundred thirty-three million three hundred sixty-six thou-
 sand dollars for the period April first,  two  thousand  eleven  through
 March thirty-first, two thousand twelve;
   (ix)  one hundred fifty million eight hundred six thousand dollars for
 the period April first, two thousand twelve through March  thirty-first,
 two thousand thirteen;
   (x)  seventy-eight million seventy-one thousand dollars for the period
 April first, two thousand thirteen through March thirty-first, two thou-
 sand fourteen.
   (aaa) Funds shall be reserved and accumulated from year  to  year  and
 shall  be  available, including income from invested funds, for services
 and expenses related to school based health centers, in an amount up  to
 three  million five hundred thousand dollars for the period April first,
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 two thousand six through March thirty-first, two thousand seven,  up  to
 three  million five hundred thousand dollars for the period April first,
 two thousand seven through March thirty-first, two thousand eight, up to
 three  million five hundred thousand dollars for the period April first,
 two thousand eight through March thirty-first, two thousand nine, up  to
 three  million five hundred thousand dollars for the period April first,
 two thousand nine through March thirty-first, two thousand  ten,  up  to
 three  million five hundred thousand dollars for the period April first,
 two thousand ten through March thirty-first, two thousand eleven, up  to
 two  million  eight  hundred thousand dollars each state fiscal year for
 the period April first, two thousand eleven through March  thirty-first,
 two thousand fourteen, up to two million six hundred forty-four thousand
 dollars  each state fiscal year for the period April first, two thousand
 fourteen through March thirty-first, two thousand seventeen, up  to  two
 million  six  hundred forty-four thousand dollars each state fiscal year
 for the period April first, two thousand seventeen through  March  thir-
 ty-first,  two  thousand  twenty,  [and]  up  to two million six hundred
 forty-four thousand dollars each state fiscal year for the period  April
 first,  two  thousand  twenty  through  March thirty-first, two thousand
 twenty-three, AND UP TO TWO  MILLION  SIX  HUNDRED  FORTY-FOUR  THOUSAND
 DOLLARS  EACH STATE FISCAL YEAR FOR THE PERIOD APRIL FIRST, TWO THOUSAND
 TWENTY-THREE THROUGH MARCH THIRTY-FIRST, TWO THOUSAND TWENTY-SIX.    The
 total  amount  of  funds  provided herein shall be distributed as grants
 based on the ratio of each provider's total enrollment for all sites  to
 the  total enrollment of all providers. This formula shall be applied to
 the total amount provided herein.
   (bbb) Funds shall be reserved and accumulated from year  to  year  and
 shall  be  available, including income from invested funds, for purposes
 of awarding  grants  to  operators  of  adult  homes,  enriched  housing
 programs and residences through the enhancing abilities and life experi-
 ence  (EnAbLe)  program  to  provide for the installation, operation and
 maintenance of air conditioning in resident rooms, consistent with  this
 paragraph,  in  an amount up to two million dollars for the period April
 first, two thousand six through March thirty-first, two thousand  seven,
 up  to three million eight hundred thousand dollars for the period April
 first, two thousand  seven  through  March  thirty-first,  two  thousand
 eight, up to three million eight hundred thousand dollars for the period
 April first, two thousand eight through March thirty-first, two thousand
 nine,  up to three million eight hundred thousand dollars for the period
 April first, two thousand nine through March thirty-first, two  thousand
 ten,  and  up  to  three  million eight hundred thousand dollars for the
 period April first, two thousand ten  through  March  thirty-first,  two
 thousand eleven. Residents shall not be charged utility cost for the use
 of  air  conditioners  supplied  under  the EnAbLe program. All such air
 conditioners must be operated in occupied resident rooms consistent with
 requirements applicable to common areas.
   (ccc) Funds shall be deposited by  the  commissioner,  within  amounts
 appropriated,  and  the  state  comptroller  is  hereby  authorized  and
 directed to receive for the deposit to the credit of the  state  special
 revenue  funds  - other, HCRA transfer fund, medical assistance account,
 or any successor fund or account, for  purposes  of  funding  the  state
 share of increases in the rates for certified home health agencies, long
 term  home  health  care  programs,  AIDS  home  care  programs, hospice
 programs and managed long term care plans and approved managed long term
 care operating demonstrations as defined in section  forty-four  hundred
 three-f  of  this  chapter  for recruitment and retention of health care
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 workers pursuant to subdivisions nine  and  ten  of  section  thirty-six
 hundred  fourteen of this chapter from the tobacco control and insurance
 initiatives pool established for the following periods in the  following
 amounts:
   (i)  twenty-five  million dollars for the period June first, two thou-
 sand six through December thirty-first, two thousand six;
   (ii) fifty million dollars for the period January first, two  thousand
 seven through December thirty-first, two thousand seven;
   (iii) fifty million dollars for the period January first, two thousand
 eight through December thirty-first, two thousand eight;
   (iv)  fifty million dollars for the period January first, two thousand
 nine through December thirty-first, two thousand nine;
   (v) fifty million dollars for the period January first,  two  thousand
 ten through December thirty-first, two thousand ten;
   (vi) twelve million five hundred thousand dollars for the period Janu-
 ary  first, two thousand eleven through March thirty-first, two thousand
 eleven;
   (vii) up to fifty million dollars each state fiscal year for the peri-
 od April first, two thousand  eleven  through  March  thirty-first,  two
 thousand fourteen;
   (viii)  up  to  fifty  million  dollars each state fiscal year for the
 period April first, two thousand fourteen  through  March  thirty-first,
 two thousand seventeen;
   (ix) up to fifty million dollars each state fiscal year for the period
 April  first,  two  thousand  seventeen  through March thirty-first, two
 thousand twenty; [and]
   (x) up to fifty million dollars each state fiscal year for the  period
 April  first,  two thousand twenty through March thirty-first, two thou-
 sand twenty-three; AND
   (XI) UP TO FIFTY MILLION DOLLARS EACH STATE FISCAL YEAR FOR THE PERIOD
 APRIL FIRST, TWO THOUSAND TWENTY-THREE THROUGH MARCH  THIRTY-FIRST,  TWO
 THOUSAND TWENTY-SIX.
   (ddd)  Funds  shall  be  deposited by the commissioner, within amounts
 appropriated,  and  the  state  comptroller  is  hereby  authorized  and
 directed  to  receive for the deposit to the credit of the state special
 revenue funds - other, HCRA transfer fund, medical  assistance  account,
 or  any  successor  fund  or  account, for purposes of funding the state
 share of increases in the medical assistance  rates  for  providers  for
 purposes  of  enhancing the provision, quality and/or efficiency of home
 care services pursuant  to  subdivision  eleven  of  section  thirty-six
 hundred  fourteen of this chapter from the tobacco control and insurance
 initiatives pool established for the following period in the  amount  of
 eight  million  dollars  for  the  period  April first, two thousand six
 through December thirty-first, two thousand six.
   (eee) Funds shall be reserved and accumulated from year  to  year  and
 shall  be available, including income from invested funds, to the Center
 for Functional Genomics at the State University of New York  at  Albany,
 for  the  purposes  of  the  Adirondack network for cancer education and
 research in rural communities grant program to improve access to  health
 care  and shall be made available from the tobacco control and insurance
 initiatives pool established for the following period in the  amount  of
 up  to  five  million dollars for the period January first, two thousand
 six through December thirty-first, two thousand six.
   (fff) Funds shall be made available to  the  empire  state  stem  cell
 trust fund established by section ninety-nine-p of the state finance law
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 within  amounts  appropriated  up  to fifty million dollars annually and
 shall not exceed five hundred million dollars in total.
   (ggg)  Funds  shall  be  deposited by the commissioner, within amounts
 appropriated,  and  the  state  comptroller  is  hereby  authorized  and
 directed  to  receive  for  deposit  to  the credit of the state special
 revenue fund - other, HCRA transfer fund, medical assistance account, or
 any successor fund or account, for the purpose of supporting  the  state
 share  of  Medicaid  expenditures  for  hospital translation services as
 authorized pursuant to paragraph (k) of subdivision one of section twen-
 ty-eight hundred seven-c of this article from the  tobacco  control  and
 initiatives  pool established for the following periods in the following
 amounts:
   (i) sixteen million dollars for the period July  first,  two  thousand
 eight through December thirty-first, two thousand eight; and
   (ii)  fourteen  million  seven hundred thousand dollars for the period
 January first, two thousand nine through November thirtieth,  two  thou-
 sand nine.
   (hhh)  Funds  shall  be  deposited by the commissioner, within amounts
 appropriated,  and  the  state  comptroller  is  hereby  authorized  and
 directed  to  receive  for  deposit  to  the credit of the state special
 revenue fund - other, HCRA transfer fund, medical assistance account, or
 any successor fund or account, for the purpose of supporting  the  state
 share  of  Medicaid  expenditures  for adjustments to inpatient rates of
 payment for general hospitals located in  the  counties  of  Nassau  and
 Suffolk  as  authorized  pursuant to paragraph (l) of subdivision one of
 section twenty-eight hundred seven-c of this article  from  the  tobacco
 control  and  initiatives  pool established for the following periods in
 the following amounts:
   (i) two million five hundred thousand dollars  for  the  period  April
 first,  two  thousand  eight through December thirty-first, two thousand
 eight; and
   (ii) two million two hundred ninety-two thousand dollars for the peri-
 od January first, two thousand  nine  through  November  thirtieth,  two
 thousand nine.
   (iii)  Funds shall be reserved and set aside and accumulated from year
 to year and shall be made available, including  income  from  investment
 funds,  for  the purpose of supporting the New York state medical indem-
 nity fund as authorized pursuant to title four of article  twenty-nine-D
 of this chapter, for the following periods and in the following amounts,
 provided,  however,  that  the commissioner is authorized to seek waiver
 authority from the federal centers for medicare  and  Medicaid  for  the
 purpose  of  securing  Medicaid federal financial participation for such
 program, in which case the funding authorized pursuant to this paragraph
 shall be utilized as the non-federal share for such payments:
   Thirty million dollars for the period April first, two thousand eleven
 through March thirty-first, two thousand twelve.
   2. (a) For periods prior to January  first,  two  thousand  five,  the
 commissioner  is  authorized  to  contract  with the article forty-three
 insurance law plans, or such other contractors as the commissioner shall
 designate, to receive and distribute funds from the tobacco control  and
 insurance  initiatives pool established pursuant to this section. In the
 event contracts with the article  forty-three  insurance  law  plans  or
 other  commissioner's  designees are effectuated, the commissioner shall
 conduct annual audits of the receipt and distribution of such funds. The
 reasonable costs and expenses of an administrator  as  approved  by  the
 commissioner,  not  to  exceed for personnel services on an annual basis
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 five hundred thousand dollars, for collection and distribution of  funds
 pursuant to this section shall be paid from such funds.
   (b)  Notwithstanding any inconsistent provision of section one hundred
 twelve or one hundred sixty-three of the state finance law or any  other
 law,  at the discretion of the commissioner without a competitive bid or
 request for proposal process, contracts in effect for administration  of
 pools  established  pursuant  to  sections twenty-eight hundred seven-k,
 twenty-eight hundred seven-l and twenty-eight hundred  seven-m  of  this
 article  for  the  period  January  first,  nineteen hundred ninety-nine
 through December  thirty-first,  nineteen  hundred  ninety-nine  may  be
 extended  to provide for administration pursuant to this section and may
 be amended as may be necessary.
   § 13. Paragraph (a) of subdivision 12 of section 367-b of  the  social
 services  law,  as  amended by section 15 of part Y of chapter 56 of the
 laws of 2020, is amended to read as follows:
   (a) For the purpose of regulating cash flow for general hospitals, the
 department shall develop and implement a payment methodology to  provide
 for  timely  payments  for inpatient hospital services eligible for case
 based payments per discharge based on diagnosis-related groups  provided
 during  the  period January first, nineteen hundred eighty-eight through
 March thirty-first  two  thousand  [twenty-three]  TWENTY-SIX,  by  such
 hospitals which elect to participate in the system.
   §  14.  Paragraph  (r)  of subdivision 9 of section 3614 of the public
 health law, as added by section 16 of part Y of chapter 56 of  the  laws
 of  2020, is amended and three new paragraphs (s), (t) and (u) are added
 to read as follows:
   (r) for the period April first, two thousand twenty-two through  March
 thirty-first,  two  thousand  twenty-three,  up  to  one hundred million
 dollars[.];
   (S) FOR THE PERIOD APRIL  FIRST,  TWO  THOUSAND  TWENTY-THREE  THROUGH
 MARCH  THIRTY-FIRST, TWO THOUSAND TWENTY-FOUR, UP TO ONE HUNDRED MILLION
 DOLLARS;
   (T) FOR THE PERIOD APRIL FIRST, TWO THOUSAND TWENTY-FOUR THROUGH MARCH
 THIRTY-FIRST, TWO  THOUSAND  TWENTY-FIVE,  UP  TO  ONE  HUNDRED  MILLION
 DOLLARS;
   (U) FOR THE PERIOD APRIL FIRST, TWO THOUSAND TWENTY-FIVE THROUGH MARCH
 THIRTY-FIRST,  TWO  THOUSAND  TWENTY-SIX,  UP  TO  ONE  HUNDRED  MILLION
 DOLLARS.
   § 15. Paragraph (v) of subdivision 1 of section 367-q  of  the  social
 services law, as added by section 17 of part Y of chapter 56 of the laws
 of  2020, is amended and three new paragraphs (w), (x) and (y) are added
 to read as follows:
   (v) for the period April first, two thousand twenty-two through  March
 thirty-first, two thousand twenty-three, up to twenty-eight million five
 hundred thousand dollars[.];
   (W)  FOR  THE  PERIOD  APRIL  FIRST, TWO THOUSAND TWENTY-THREE THROUGH
 MARCH THIRTY-FIRST, TWO THOUSAND TWENTY-FOUR, UP TO TWENTY-EIGHT MILLION
 FIVE HUNDRED THOUSAND DOLLARS;
   (X) FOR THE PERIOD APRIL FIRST, TWO THOUSAND TWENTY-FOUR THROUGH MARCH
 THIRTY-FIRST, TWO THOUSAND TWENTY-FIVE, UP TO TWENTY-EIGHT MILLION  FIVE
 HUNDRED THOUSAND DOLLARS;
   (Y) FOR THE PERIOD APRIL FIRST, TWO THOUSAND TWENTY-FIVE THROUGH MARCH
 THIRTY-FIRST,  TWO  THOUSAND TWENTY-SIX, UP TO TWENTY-EIGHT MILLION FIVE
 HUNDRED THOUSAND DOLLARS.
   § 16. This act shall take effect April 1, 2023; provided, however,  if
 this  act  shall become a law after such date it shall take effect imme-
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 diately and shall be deemed to have been in full force and effect on and
 after April 1, 2023; and further provided, that:
   (a)  the amendments to sections 2807-j and 2807-s of the public health
 law made by sections two, eight, nine, and ten of  this  act  shall  not
 affect the expiration of such sections and shall expire therewith;
   (b)  the  amendments  to subdivision 6 of section 2807-t of the public
 health law made by section eleven of this act shall not affect the expi-
 ration of such section and shall be deemed to expire therewith; and
   (c) the amendments to paragraph (i-1)  of  subdivision  1  of  section
 2807-v of the public health law made by section twelve of this act shall
 not  affect  the  repeal  of such paragraph and shall be deemed repealed
 therewith.
 
                                  PART D
 
   Section 1. Paragraph (a) of subdivision 4  of  section  365-a  of  the
 social  services  law, as amended by chapter 493 of the laws of 2010, is
 amended to read as follows:
   (a) drugs which may be dispensed without a prescription as required by
 section sixty-eight hundred ten of the education law; provided, however,
 that the state commissioner of health may by regulation specify  certain
 of  such  drugs which may be reimbursed as an item of medical assistance
 in accordance with the price schedule established by such  commissioner.
 Notwithstanding any other provision of law, [additions] MODIFICATIONS to
 the  list  of  drugs  reimbursable  under this paragraph may be filed as
 regulations by the commissioner  of  health  without  prior  notice  and
 comment;
   §  2.  Paragraph  (b)  of  subdivision  3 of section 273 of the public
 health law, as added by section 10 of part C of chapter 58 of  the  laws
 of 2005, is amended to read as follows:
   (b)  In the event that the patient does not meet the criteria in para-
 graph (a) of this subdivision, the  prescriber  may  provide  additional
 information  to  the  program  to justify the use of a prescription drug
 that is not on the preferred drug list.  The  program  shall  provide  a
 reasonable opportunity for a prescriber to reasonably present his or her
 justification  of  prior authorization. [If, after consultation with the
 program, the prescriber, in his or her reasonable professional judgment,
 determines that] THE PROGRAM WILL CONSIDER  THE  ADDITIONAL  INFORMATION
 AND  THE  JUSTIFICATION  PRESENTED  TO  DETERMINE  WHETHER  the use of a
 prescription drug that is not on the preferred drug list  is  warranted,
 AND the [prescriber's] PROGRAM'S determination shall be final.
   §  3. Subdivisions 25 and 25-a of section 364-j of the social services
 law are REPEALED.
   § 4. This act  shall  take  effect  October  1,  2023;  provided  that
 sections two and three of this act shall take effect April 1, 2024.
 
                                  PART E
 
   Section  1.    Subdivision  5-d of section 2807-k of the public health
 law, as amended by section 3 of part KK of chapter 56  of  the  laws  of
 2020, is amended to read as follows:
   5-d.  (a)  Notwithstanding any inconsistent provision of this section,
 section twenty-eight hundred  seven-w  of  this  article  or  any  other
 contrary  provision  of  law, and subject to the availability of federal
 financial participation, for periods on and  after  January  first,  two
 thousand twenty, through March thirty-first, two thousand [twenty-three]
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 TWENTY-SIX,  all  funds  available  for  distribution  pursuant  to this
 section, except for funds distributed pursuant to [subparagraph (v)  of]
 paragraph  (b)  of  subdivision  five-b  of  this section, and all funds
 available  for  distribution  pursuant  to  section twenty-eight hundred
 seven-w of this article, shall be reserved and set aside and distributed
 in accordance with the provisions of this subdivision.
   (b) The commissioner shall promulgate regulations, and may  promulgate
 emergency  regulations,  establishing methodologies for the distribution
 of funds as described in paragraph (a)  of  this  subdivision  and  such
 regulations shall include, but not be limited to, the following:
   (i)  Such  regulations  shall  establish methodologies for determining
 each facility's relative uncompensated care need amount based  on  unin-
 sured  inpatient and outpatient units of service from the cost reporting
 year two years prior to the distribution year, multiplied by the  appli-
 cable  medicaid  rates in effect January first of the distribution year,
 as summed and adjusted by a statewide cost adjustment factor and reduced
 by the  sum  of  all  payment  amounts  collected  from  such  uninsured
 patients,  and  as  further  adjusted  by  application of a nominal need
 computation that shall take into account each facility's medicaid  inpa-
 tient share.
   (ii)  Annual  distributions  pursuant  to such regulations for the two
 thousand twenty through two thousand [twenty-two]  TWENTY-FIVE  calendar
 years shall be in accord with the following:
   (A)  one  hundred  thirty-nine  million  four hundred thousand dollars
 shall be distributed as Medicaid Disproportionate Share Hospital ("DSH")
 payments to major public general hospitals; and
   (B) nine hundred sixty-nine million nine hundred thousand  dollars  as
 Medicaid  DSH  payments  to eligible general hospitals, other than major
 public general hospitals.
   For the calendar years two thousand twenty through two thousand  twen-
 ty-two,  the  total  distributions  to eligible general hospitals, other
 than major public general hospitals, shall be subject  to  an  aggregate
 reduction  of  one hundred fifty million dollars annually, provided that
 eligible general hospitals, other than major public  general  hospitals,
 that qualify as enhanced safety net hospitals under section two thousand
 eight  hundred  seven-c  of  this  article  shall not be subject to such
 reduction.
   FOR THE CALENDAR YEARS TWO THOUSAND TWENTY-THREE THROUGH TWO  THOUSAND
 TWENTY-FIVE,  THE  TOTAL  DISTRIBUTIONS  TO  ELIGIBLE GENERAL HOSPITALS,
 OTHER THAN MAJOR PUBLIC GENERAL HOSPITALS, SHALL BE SUBJECT TO AN AGGRE-
 GATE REDUCTION OF TWO HUNDRED THIRTY-FIVE MILLION FOUR HUNDRED  THOUSAND
 DOLLARS  ANNUALLY,  PROVIDED THAT ELIGIBLE GENERAL HOSPITALS, OTHER THAN
 MAJOR PUBLIC GENERAL HOSPITALS  THAT  QUALIFY  AS  ENHANCED  SAFETY  NET
 HOSPITALS UNDER SECTION TWO THOUSAND EIGHT HUNDRED SEVEN-C OF THIS ARTI-
 CLE AS OF APRIL FIRST, TWO THOUSAND TWENTY, SHALL NOT BE SUBJECT TO SUCH
 REDUCTION.
   Such [reduction] REDUCTIONS shall be determined by a methodology to be
 established  by  the  commissioner. Such [methodology] METHODOLOGIES may
 take into account the payor mix of  each  non-public  general  hospital,
 including the percentage of inpatient days paid by Medicaid.
   (iii)  For  calendar  years  two  thousand twenty through two thousand
 [twenty-two]  TWENTY-FIVE,  sixty-four  million  six  hundred   thousand
 dollars  shall  be distributed to eligible general hospitals, other than
 major public general hospitals, that experience a reduction in  indigent
 care  pool  payments  pursuant  to this subdivision, and that qualify as
 enhanced safety net hospitals under section two thousand  eight  hundred
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 seven-c  of  this  article  as of April first, two thousand twenty. Such
 distribution shall be established pursuant to regulations promulgated by
 the commissioner and shall be proportional to the reduction  experienced
 by the facility.
   (iv) Such regulations shall reserve one percent of the funds available
 for  distribution  in the two thousand fourteen and two thousand fifteen
 calendar years, and for calendar  years  thereafter,  pursuant  to  this
 subdivision,  subdivision  fourteen-f  of  section  twenty-eight hundred
 seven-c of this article, and sections two hundred eleven and two hundred
 twelve of chapter four hundred seventy-four  of  the  laws  of  nineteen
 hundred  ninety-six,  in  a  "financial  assistance compliance pool" and
 shall establish methodologies for the distribution of such pool funds to
 facilities based on their level of  compliance,  as  determined  by  the
 commissioner, with the provisions of subdivision nine-a of this section.
   (c)  The  commissioner  shall  annually report to the governor and the
 legislature on the distribution of funds under this subdivision  includ-
 ing, but not limited to:
   (i) the impact on safety net providers, including community providers,
 rural general hospitals and major public general hospitals;
   (ii)  the  provision  of  indigent care by units of services and funds
 distributed by general hospitals; and
   (iii) the extent to which access to care has been enhanced.
   § 2. Subdivision 1 of section  2801  of  the  public  health  law,  as
 amended  by  section  1  of part Z of chapter 57 of the laws of 2019, is
 amended to read as follows:
   1. "Hospital" means a facility or institution engaged  principally  in
 providing services by or under the supervision of a physician or, in the
 case  of  a dental clinic or dental dispensary, of a dentist, or, in the
 case of a midwifery birth center, of  a  midwife,  for  the  prevention,
 diagnosis  or  treatment  of  human  disease, pain, injury, deformity or
 physical condition, including, but not limited to, a  general  hospital,
 public health center, diagnostic center, treatment center, A RURAL EMER-
 GENCY  HOSPITAL UNDER 42 USC 1395X(KKK), OR SUCCESSOR PROVISIONS, dental
 clinic, dental dispensary, rehabilitation center other than  a  facility
 used  solely  for  vocational rehabilitation, nursing home, tuberculosis
 hospital, chronic disease hospital, maternity hospital, midwifery  birth
 center,  lying-in-asylum,  out-patient  department,  out-patient  lodge,
 dispensary and a laboratory or central service facility serving  one  or
 more  such  institutions,  but  the  term  hospital shall not include an
 institution, sanitarium or other facility engaged principally in provid-
 ing services for the prevention, diagnosis or treatment of mental  disa-
 bility  and  which  is subject to the powers of visitation, examination,
 inspection and investigation of the department of mental hygiene  except
 for  those  distinct  parts  of  such  a facility which provide hospital
 service. The provisions of this article shall not apply to a facility or
 institution engaged principally in providing services by  or  under  the
 supervision of the bona fide members and adherents of a recognized reli-
 gious  organization  whose teachings include reliance on spiritual means
 through prayer alone for healing in the practice of the religion of such
 organization and where services are provided in  accordance  with  those
 teachings.  No  provision  of this article or any other provision of law
 shall be construed to: (a) limit the volume of mental health,  substance
 use  disorder  services or developmental disability services that can be
 provided by a provider of primary  care  services  licensed  under  this
 article and authorized to provide integrated services in accordance with
 regulations  issued by the commissioner in consultation with the commis-
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 sioner of the office of mental health, the commissioner of the office of
 alcoholism and substance abuse services  and  the  commissioner  of  the
 office for people with developmental disabilities, including regulations
 issued  pursuant  to  subdivision  seven of section three hundred sixty-
 five-l of the social services law or part L of chapter fifty-six of  the
 laws of two thousand twelve; (b) require a provider licensed pursuant to
 article  thirty-one  of  the mental hygiene law or certified pursuant to
 article sixteen or article thirty-two  of  the  mental  hygiene  law  to
 obtain an operating certificate from the department if such provider has
 been  authorized to provide integrated services in accordance with regu-
 lations issued by the commissioner in consultation with the commissioner
 of the office of mental health, the commissioner of the office of  alco-
 holism  and  substance abuse services and the commissioner of the office
 for people with developmental disabilities, including regulations issued
 pursuant to subdivision seven of section three hundred  sixty-five-l  of
 the  social  services  law or part L of chapter fifty-six of the laws of
 two thousand twelve.
   § 3. Section 2801-g of the public health law is amended  by  adding  a
 new subdivision 4 to read as follows:
   4.  AT  LEAST  THIRTY DAYS PRIOR TO A GENERAL HOSPITAL APPLYING TO THE
 FEDERAL CENTERS FOR MEDICARE AND MEDICAID SERVICES  TO  CONVERT  FROM  A
 GENERAL  HOSPITAL WITH INPATIENTS TO A RURAL EMERGENCY HOSPITAL UNDER 42
 USC 1395X(KKK), OR SUCCESSOR PROVISIONS,  SUCH  HOSPITAL  SHALL  HOLD  A
 PUBLIC  COMMUNITY  FORUM  FOR  THE  PURPOSE  OF  OBTAINING  PUBLIC INPUT
 CONCERNING THE ANTICIPATED IMPACT OF THE HOSPITAL'S CLOSURE OF INPATIENT
 UNITS, INCLUDING BUT NOT LIMITED TO, THE IMPACT ON RECIPIENTS OF MEDICAL
 ASSISTANCE FOR NEEDY PERSONS, THE UNINSURED, AND  MEDICALLY  UNDERSERVED
 POPULATIONS,  AND  OPTIONS  AND PROPOSALS TO AMELIORATE SUCH ANTICIPATED
 IMPACT. THE HOSPITAL SHALL AFFORD ALL PUBLIC PARTICIPANTS  A  REASONABLE
 OPPORTUNITY  TO  SPEAK  ABOUT  RELEVANT MATTERS AT SUCH COMMUNITY FORUM.
 PRIOR TO ANY COMMUNITY FORUM AND AS SOON AS  PRACTICABLE,  THE  HOSPITAL
 SHALL BE REQUIRED TO:
   (A)  NOTIFY  THE  OFFICE  OF  MENTAL  HEALTH AND THE LOCAL DIRECTOR OF
 COMMUNITY SERVICES IN THE EVENT SUCH GENERAL  HOSPITAL  HAS  PSYCHIATRIC
 INPATIENT  BEDS  LICENSED UNDER ARTICLE THIRTY-ONE OF THE MENTAL HYGIENE
 LAW OR DESIGNATED PURSUANT TO SECTION 9.39 OF THE  MENTAL  HYGIENE  LAW,
 AND
   (B)  NOTIFY THE OFFICE OF ADDICTION SERVICES AND SUPPORTS IN THE EVENT
 SUCH GENERAL HOSPITAL HAS INPATIENT  SUBSTANCE  USE  DISORDER  TREATMENT
 PROGRAMS  OR  INPATIENT  CHEMICAL DEPENDENCE TREATMENT PROGRAMS LICENSED
 UNDER ARTICLE THIRTY-TWO OF THE MENTAL HYGIENE LAW.
   § 4. The opening paragraph of subdivision (g) of section 2826  of  the
 public  health  law,  as amended by section 3 of part M of chapter 57 of
 the laws of 2022, is amended to read as follows:
   Notwithstanding subdivision (a) of this section,  and  within  amounts
 appropriated  for  such purposes as described herein, [for the period of
 April first, two thousand twenty-two  through  March  thirty-first,  two
 thousand  twenty-three,]  the commissioner may award a temporary adjust-
 ment to the non-capital components of rates, or make temporary  lump-sum
 Medicaid payments to eligible facilities in severe financial distress to
 enable  such  facilities to maintain operations and vital services while
 such facilities establish long term  solutions  to  achieve  sustainable
 health  services.  Provided,  however, the commissioner is authorized to
 make such a temporary adjustment or make such temporary lump sum payment
 only pursuant to criteria, AN APPLICATION, AND an  evaluation  process[,
 and  transformation plan] acceptable to the commissioner in consultation
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 with the director of the division of the budget.  The  department  shall
 publish on its website the criteria, APPLICATION, AND evaluation process
 [and  guidance  for  transformation plans] and notification of any award
 recipients.
   §  5.  Subparagraph (F) of paragraph (i) of subdivision (g) of section
 2826 of the public health law, as added by section 3 of part M of  chap-
 ter 57 of the laws of 2022, is amended to read as follows:
   (F)  an independent practice association or accountable care organiza-
 tion authorized under applicable regulations that participate in managed
 care provider network arrangements with any of  the  provider  types  in
 subparagraphs  (A)  through (F) of this paragraph; OR AN ENTITY THAT WAS
 FORMED AS A PREFERRED PROVIDER SYSTEM PURSUANT TO  THE  DELIVERY  SYSTEM
 REFORM  INCENTIVE PAYMENT (DSRIP) PROGRAM AND COLLABORATED WITH AN INDE-
 PENDENT PRACTICE ASSOCIATION THAT RECEIVED VBP INNOVATOR STATUS FROM THE
 DEPARTMENT FOR PURPOSES OF MEETING  DSRIP  GOALS,  AND  WHICH  PREFERRED
 PROVIDER SYSTEM REMAINS OPERATIONAL AS AN INTEGRATED CARE SYSTEM.
   §  6.  The  opening  paragraph of paragraph (ii) of subdivision (g) of
 section 2826 of the public health law, as added by section 6 of  part  J
 of chapter 60 of the laws of 2015, is amended to read as follows:
   Eligible  applicants  must  demonstrate  that without such award, they
 will be in severe financial distress [through  March  thirty-first,  two
 thousand sixteen], as evidenced by:
   §  7.  Subparagraph (A), the opening paragraph of subparagraph (E) and
 subparagraph (F) of paragraph (iii) of subdivision (g) of  section  2826
 of  the public health law, as added by section 6 of part J of chapter 60
 of the laws of 2015, are amended to read as follows:
   (A) [Applications under this subdivision]  ELIGIBLE  APPLICANTS  shall
 [include  a  multi-year  transformation  plan  that  is aligned with the
 delivery system reform incentive payment  ("DSRIP")  program  goals  and
 objectives.  Such plan shall be approved by] SUBMIT A COMPLETED APPLICA-
 TION TO the department [and shall demonstrate a path towards  long  term
 sustainability and improved patient care].
   The  department  shall review all applications under this subdivision,
 and [a] determine:
   (F) After review of all applications under  this  subdivision,  and  a
 determination of the aggregate amount of requested funds, the department
 [shall]  MAY make awards to eligible applicants; provided, however, that
 such awards may be in an amount lower than such requested funding, on  a
 per applicant or aggregate basis.
   §  8.  Paragraph  (v) of subdivision (g) of section 2826 of the public
 health law, as added by section 6 of part J of chapter 60 of the laws of
 2015, is amended to read as follows:
   (v) Payments made to awardees pursuant to this subdivision [shall  be]
 THAT  ARE  made on a monthly basis[. Such payments] will be based on the
 applicant's actual monthly financial performance during such period  and
 the  reasonable  cash  amount  necessary  to  sustain operations for the
 following month. The applicant's monthly financial performance shall  be
 measured  by  such  applicant's  monthly financial and activity reports,
 which shall include, but not be limited to, actual revenue and  expenses
 for  the  prior  month,  projected  cash need for the current month, and
 projected cash need for the following month.
   § 9. Part I of chapter 57 of the laws of 2022 relating to providing  a
 one percent across the board payment increase to all qualifying fee-for-
 service  Medicaid  rates, is amended by adding a new section 1-a to read
 as follows:
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   § 1-A. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY,  FOR  THE
 STATE  FISCAL  YEARS  BEGINNING  APRIL 1, 2023, AND THEREAFTER, MEDICAID
 PAYMENTS MADE FOR THE OPERATING COMPONENT OF HOSPITAL INPATIENT SERVICES
 SHALL BE SUBJECT TO A UNIFORM RATE INCREASE OF FIVE PERCENT IN  ADDITION
 TO  THE  INCREASE  CONTAINED  IN SECTION ONE OF THIS ACT, SUBJECT TO THE
 APPROVAL OF THE COMMISSIONER OF HEALTH AND THE DIRECTOR OF  THE  BUDGET.
 SUCH RATE INCREASE SHALL BE SUBJECT TO FEDERAL FINANCIAL PARTICIPATION.
   §  10.  This act shall take effect immediately; provided that sections
 two and three of this act shall take effect on the sixtieth day after it
 shall have become a law; provided, further,  that  sections  one,  four,
 five,  six,  seven,  eight, and nine of this act shall be deemed to have
 been in full force and effect on and after April 1, 2023.
 
                                  PART F

   Section 1. Paragraph (a) of subdivision 1 of section 18 of chapter 266
 of the laws of 1986, amending the civil practice law and rules and other
 laws relating  to  malpractice  and  professional  medical  conduct,  as
 amended  by  section  1  of part Z of chapter 57 of the laws of 2022, is
 amended to read as follows:
   (a) The superintendent of financial services and the  commissioner  of
 health  or  their  designee  shall, from funds available in the hospital
 excess liability pool created pursuant to subdivision 5 of this section,
 purchase a policy or policies for excess insurance coverage, as  author-
 ized  by  paragraph 1 of subsection (e) of section 5502 of the insurance
 law; or from an insurer, other than an insurer described in section 5502
 of the insurance law, duly authorized to write such coverage and actual-
 ly writing  medical  malpractice  insurance  in  this  state;  or  shall
 purchase equivalent excess coverage in a form previously approved by the
 superintendent  of  financial  services for purposes of providing equiv-
 alent excess coverage in accordance with section 19 of  chapter  294  of
 the  laws of 1985, for medical or dental malpractice occurrences between
 July 1, 1986 and June 30, 1987, between July 1, 1987 and June 30,  1988,
 between  July  1,  1988 and June 30, 1989, between July 1, 1989 and June
 30, 1990, between July 1, 1990 and June 30, 1991, between July  1,  1991
 and  June 30, 1992, between July 1, 1992 and June 30, 1993, between July
 1, 1993 and June 30, 1994, between July  1,  1994  and  June  30,  1995,
 between  July  1,  1995 and June 30, 1996, between July 1, 1996 and June
 30, 1997, between July 1, 1997 and June 30, 1998, between July  1,  1998
 and  June 30, 1999, between July 1, 1999 and June 30, 2000, between July
 1, 2000 and June 30, 2001, between July  1,  2001  and  June  30,  2002,
 between  July  1,  2002 and June 30, 2003, between July 1, 2003 and June
 30, 2004, between July 1, 2004 and June 30, 2005, between July  1,  2005
 and  June 30, 2006, between July 1, 2006 and June 30, 2007, between July
 1, 2007 and June 30, 2008, between July  1,  2008  and  June  30,  2009,
 between  July  1,  2009 and June 30, 2010, between July 1, 2010 and June
 30, 2011, between July 1, 2011 and June 30, 2012, between July  1,  2012
 and  June 30, 2013, between July 1, 2013 and June 30, 2014, between July
 1, 2014 and June 30, 2015, between July  1,  2015  and  June  30,  2016,
 between  July  1,  2016 and June 30, 2017, between July 1, 2017 and June
 30, 2018, between July 1, 2018 and June 30, 2019, between July  1,  2019
 and  June 30, 2020, between July 1, 2020 and June 30, 2021, between July
 1, 2021 and June 30, 2022, [and] between July 1, 2022 and June 30, 2023,
 AND BETWEEN JULY 1, 2023 AND JUNE 30, 2024  or  reimburse  the  hospital
 where  the  hospital  purchases equivalent excess coverage as defined in
 subparagraph (i) of paragraph (a) of subdivision 1-a of this section for
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 medical or dental malpractice occurrences between July 1, 1987 and  June
 30,  1988,  between July 1, 1988 and June 30, 1989, between July 1, 1989
 and June 30, 1990, between July 1, 1990 and June 30, 1991, between  July
 1,  1991  and  June  30,  1992,  between July 1, 1992 and June 30, 1993,
 between July 1, 1993 and June 30, 1994, between July 1,  1994  and  June
 30,  1995,  between July 1, 1995 and June 30, 1996, between July 1, 1996
 and June 30, 1997, between July 1, 1997 and June 30, 1998, between  July
 1,  1998  and  June  30,  1999,  between July 1, 1999 and June 30, 2000,
 between July 1, 2000 and June 30, 2001, between July 1,  2001  and  June
 30,  2002,  between July 1, 2002 and June 30, 2003, between July 1, 2003
 and June 30, 2004, between July 1, 2004 and June 30, 2005, between  July
 1,  2005  and  June  30,  2006,  between July 1, 2006 and June 30, 2007,
 between July 1, 2007 and June 30, 2008, between July 1,  2008  and  June
 30,  2009,  between July 1, 2009 and June 30, 2010, between July 1, 2010
 and June 30, 2011, between July 1, 2011 and June 30, 2012, between  July
 1,  2012  and  June  30,  2013,  between July 1, 2013 and June 30, 2014,
 between July 1, 2014 and June 30, 2015, between July 1,  2015  and  June
 30,  2016,  between July 1, 2016 and June 30, 2017, between July 1, 2017
 and June 30, 2018, between July 1, 2018 and June 30, 2019, between  July
 1,  2019  and  June  30,  2020,  between July 1, 2020 and June 30, 2021,
 between July 1, 2021 and June 30, 2022, [and] between July 1,  2022  and
 June 30, 2023, AND BETWEEN JULY 1, 2023 AND JUNE 30, 2024 for physicians
 or dentists certified as eligible for each such period or periods pursu-
 ant  to  subdivision  2  of  this section by a general hospital licensed
 pursuant to article 28 of the public health law; provided that no single
 insurer shall write more than fifty percent of the total excess  premium
 for  a  given  policy  year;  and  provided, however, that such eligible
 physicians or dentists must have in force an individual policy, from  an
 insurer licensed in this state of primary malpractice insurance coverage
 in  amounts  of  no less than one million three hundred thousand dollars
 for each claimant and three million nine hundred  thousand  dollars  for
 all  claimants under that policy during the period of such excess cover-
 age for such occurrences or be endorsed as additional insureds  under  a
 hospital professional liability policy which is offered through a volun-
 tary  attending physician ("channeling") program previously permitted by
 the superintendent of financial  services  during  the  period  of  such
 excess  coverage  for  such occurrences. During such period, such policy
 for excess coverage or  such  equivalent  excess  coverage  shall,  when
 combined with the physician's or dentist's primary malpractice insurance
 coverage  or  coverage  provided through a voluntary attending physician
 ("channeling") program, total an aggregate level of  two  million  three
 hundred  thousand dollars for each claimant and six million nine hundred
 thousand dollars for all claimants from all such policies  with  respect
 to  occurrences  in each of such years provided, however, if the cost of
 primary malpractice insurance coverage in excess of one million dollars,
 but below the excess medical  malpractice  insurance  coverage  provided
 pursuant  to  this act, exceeds the rate of nine percent per annum, then
 the required level of primary malpractice insurance coverage  in  excess
 of  one  million  dollars for each claimant shall be in an amount of not
 less than the dollar amount of such coverage available at  nine  percent
 per  annum;  the required level of such coverage for all claimants under
 that policy shall be in an amount not less than three times  the  dollar
 amount of coverage for each claimant; and excess coverage, when combined
 with  such  primary  malpractice  insurance coverage, shall increase the
 aggregate level for each claimant  by  one  million  dollars  and  three
 million  dollars  for  all  claimants;  and provided further, that, with
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 respect to policies of primary medical malpractice coverage that include
 occurrences between April 1, 2002 and June 30,  2002,  such  requirement
 that coverage be in amounts no less than one million three hundred thou-
 sand  dollars  for each claimant and three million nine hundred thousand
 dollars for all claimants for such occurrences shall be effective  April
 1, 2002.
   §  2.  Subdivision 3 of section 18 of chapter 266 of the laws of 1986,
 amending the civil practice law and rules and  other  laws  relating  to
 malpractice and professional medical conduct, as amended by section 2 of
 part Z of chapter 57 of the laws of 2022, is amended to read as follows:
   (3)(a)  The  superintendent  of financial services shall determine and
 certify to each general hospital and to the commissioner of  health  the
 cost  of  excess malpractice insurance for medical or dental malpractice
 occurrences between July 1, 1986 and June 30, 1987, between July 1, 1988
 and June 30, 1989, between July 1, 1989 and June 30, 1990, between  July
 1,  1990  and  June  30,  1991,  between July 1, 1991 and June 30, 1992,
 between July 1, 1992 and June 30, 1993, between July 1,  1993  and  June
 30,  1994,  between July 1, 1994 and June 30, 1995, between July 1, 1995
 and June 30, 1996, between July 1, 1996 and June 30, 1997, between  July
 1,  1997  and  June  30,  1998,  between July 1, 1998 and June 30, 1999,
 between July 1, 1999 and June 30, 2000, between July 1,  2000  and  June
 30,  2001,  between July 1, 2001 and June 30, 2002, between July 1, 2002
 and June 30, 2003, between July 1, 2003 and June 30, 2004, between  July
 1,  2004  and  June  30,  2005,  between July 1, 2005 and June 30, 2006,
 between July 1, 2006 and June 30, 2007, between July 1,  2007  and  June
 30,  2008,  between July 1, 2008 and June 30, 2009, between July 1, 2009
 and June 30, 2010, between July 1, 2010 and June 30, 2011, between  July
 1,  2011  and  June  30,  2012,  between July 1, 2012 and June 30, 2013,
 between July 1, 2013 and June 30, 2014, between July 1,  2014  and  June
 30,  2015,  between July 1, 2015 and June 30, 2016, between July 1, 2016
 and June 30, 2017, between July 1, 2017 and June 30, 2018, between  July
 1,  2018  and  June  30,  2019,  between July 1, 2019 and June 30, 2020,
 between July 1, 2020 and June 30, 2021, between July 1,  2021  and  June
 30, 2022, [and] between July 1, 2022 and June 30, 2023, AND BETWEEN JULY
 1,  2023 AND JUNE 30, 2024 allocable to each general hospital for physi-
 cians or dentists certified as eligible for purchase  of  a  policy  for
 excess  insurance  coverage  by such general hospital in accordance with
 subdivision 2 of this section, and  may  amend  such  determination  and
 certification as necessary.
   (b)  The  superintendent  of  financial  services  shall determine and
 certify to each general hospital and to the commissioner of  health  the
 cost  of  excess malpractice insurance or equivalent excess coverage for
 medical or dental malpractice occurrences between July 1, 1987 and  June
 30,  1988,  between July 1, 1988 and June 30, 1989, between July 1, 1989
 and June 30, 1990, between July 1, 1990 and June 30, 1991, between  July
 1,  1991  and  June  30,  1992,  between July 1, 1992 and June 30, 1993,
 between July 1, 1993 and June 30, 1994, between July 1,  1994  and  June
 30,  1995,  between July 1, 1995 and June 30, 1996, between July 1, 1996
 and June 30, 1997, between July 1, 1997 and June 30, 1998, between  July
 1,  1998  and  June  30,  1999,  between July 1, 1999 and June 30, 2000,
 between July 1, 2000 and June 30, 2001, between July 1,  2001  and  June
 30,  2002,  between July 1, 2002 and June 30, 2003, between July 1, 2003
 and June 30, 2004, between July 1, 2004 and June 30, 2005, between  July
 1,  2005  and  June  30,  2006,  between July 1, 2006 and June 30, 2007,
 between July 1, 2007 and June 30, 2008, between July 1,  2008  and  June
 30,  2009,  between July 1, 2009 and June 30, 2010, between July 1, 2010
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 and June 30, 2011, between July 1, 2011 and June 30, 2012, between  July
 1,  2012  and  June  30,  2013,  between July 1, 2013 and June 30, 2014,
 between July 1, 2014 and June 30, 2015, between July 1,  2015  and  June
 30,  2016,  between July 1, 2016 and June 30, 2017, between July 1, 2017
 and June 30, 2018, between July 1, 2018 and June 30, 2019, between  July
 1,  2019  and  June  30,  2020,  between July 1, 2020 and June 30, 2021,
 between July 1, 2021 and June 30, 2022, [and] between July 1,  2022  and
 June  30,  2023, AND BETWEEN JULY 1, 2023 AND JUNE 30, 2024 allocable to
 each general hospital for physicians or dentists certified  as  eligible
 for  purchase  of  a  policy for excess insurance coverage or equivalent
 excess coverage by such general hospital in accordance with  subdivision
 2 of this section, and may amend such determination and certification as
 necessary.  The superintendent of financial services shall determine and
 certify to each general hospital and to the commissioner of  health  the
 ratable  share  of  such  cost  allocable  to the period July 1, 1987 to
 December 31, 1987, to the period January 1, 1988 to June  30,  1988,  to
 the  period  July 1, 1988 to December 31, 1988, to the period January 1,
 1989 to June 30, 1989, to the period July 1, 1989 to December 31,  1989,
 to  the  period  January 1, 1990 to June 30, 1990, to the period July 1,
 1990 to December 31, 1990, to the period January 1,  1991  to  June  30,
 1991,  to  the  period  July 1, 1991 to December 31, 1991, to the period
 January 1, 1992 to June 30, 1992, to the period July 1, 1992 to December
 31, 1992, to the period January 1, 1993 to June 30, 1993, to the  period
 July 1, 1993 to December 31, 1993, to the period January 1, 1994 to June
 30, 1994, to the period July 1, 1994 to December 31, 1994, to the period
 January 1, 1995 to June 30, 1995, to the period July 1, 1995 to December
 31,  1995, to the period January 1, 1996 to June 30, 1996, to the period
 July 1, 1996 to December 31, 1996, to the period January 1, 1997 to June
 30, 1997, to the period July 1, 1997 to December 31, 1997, to the period
 January 1, 1998 to June 30, 1998, to the period July 1, 1998 to December
 31, 1998, to the period January 1, 1999 to June 30, 1999, to the  period
 July 1, 1999 to December 31, 1999, to the period January 1, 2000 to June
 30, 2000, to the period July 1, 2000 to December 31, 2000, to the period
 January 1, 2001 to June 30, 2001, to the period July 1, 2001 to June 30,
 2002, to the period July 1, 2002 to June 30, 2003, to the period July 1,
 2003  to  June 30, 2004, to the period July 1, 2004 to June 30, 2005, to
 the period July 1, 2005 and June 30, 2006, to the period  July  1,  2006
 and  June 30, 2007, to the period July 1, 2007 and June 30, 2008, to the
 period July 1, 2008 and June 30, 2009, to the period July  1,  2009  and
 June  30,  2010,  to  the  period July 1, 2010 and June 30, 2011, to the
 period July 1, 2011 and June 30, 2012, to the period July  1,  2012  and
 June  30,  2013,  to  the  period July 1, 2013 and June 30, 2014, to the
 period July 1, 2014 and June 30, 2015, to the period July  1,  2015  and
 June  30,  2016,  to  the  period July 1, 2016 and June 30, 2017, to the
 period July 1, 2017 to June 30, 2018, to the period July 1, 2018 to June
 30, 2019, to the period July 1, 2019 to June 30,  2020,  to  the  period
 July  1,  2020  to June 30, 2021, to the period July 1, 2021 to June 30,
 2022, [and] to the period July 1, 2022 to June  30,  2023,  AND  TO  THE
 PERIOD JULY 1, 2023 TO JUNE 30, 2024.
   § 3. Paragraphs (a), (b), (c), (d) and (e) of subdivision 8 of section
 18  of  chapter 266 of the laws of 1986, amending the civil practice law
 and rules and  other  laws  relating  to  malpractice  and  professional
 medical  conduct, as amended by section 3 of part Z of chapter 57 of the
 laws of 2022, are amended to read as follows:
   (a) To the extent funds available to  the  hospital  excess  liability
 pool  pursuant to subdivision 5 of this section as amended, and pursuant
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 to section 6 of part J of chapter 63 of the laws of 2001,  as  may  from
 time  to  time  be amended, which amended this subdivision, are insuffi-
 cient to meet the costs  of  excess  insurance  coverage  or  equivalent
 excess  coverage  for coverage periods during the period July 1, 1992 to
 June 30, 1993, during the period July 1, 1993 to June 30,  1994,  during
 the period July 1, 1994 to June 30, 1995, during the period July 1, 1995
 to  June  30,  1996,  during  the  period July 1, 1996 to June 30, 1997,
 during the period July 1, 1997 to June 30, 1998, during the period  July
 1,  1998  to  June  30, 1999, during the period July 1, 1999 to June 30,
 2000, during the period July 1, 2000 to June 30, 2001, during the period
 July 1, 2001 to October 29, 2001, during the period  April  1,  2002  to
 June  30,  2002, during the period July 1, 2002 to June 30, 2003, during
 the period July 1, 2003 to June 30, 2004, during the period July 1, 2004
 to June 30, 2005, during the period July  1,  2005  to  June  30,  2006,
 during  the period July 1, 2006 to June 30, 2007, during the period July
 1, 2007 to June 30, 2008, during the period July 1,  2008  to  June  30,
 2009, during the period July 1, 2009 to June 30, 2010, during the period
 July  1,  2010  to June 30, 2011, during the period July 1, 2011 to June
 30, 2012, during the period July 1, 2012 to June 30,  2013,  during  the
 period  July 1, 2013 to June 30, 2014, during the period July 1, 2014 to
 June 30, 2015, during the period July 1, 2015 to June 30,  2016,  during
 the period July 1, 2016 to June 30, 2017, during the period July 1, 2017
 to  June  30,  2018,  during  the  period July 1, 2018 to June 30, 2019,
 during the period July 1, 2019 to June 30, 2020, during the period  July
 1,  2020  to  June  30, 2021, during the period July 1, 2021 to June 30,
 2022, [and] during the period July 1, 2022 to June 30, 2023, AND  DURING
 THE  PERIOD  JULY  1,  2023 TO JUNE 30, 2024 allocated or reallocated in
 accordance with paragraph (a) of subdivision  4-a  of  this  section  to
 rates  of payment applicable to state governmental agencies, each physi-
 cian or dentist for whom a  policy  for  excess  insurance  coverage  or
 equivalent excess coverage is purchased for such period shall be respon-
 sible for payment to the provider of excess insurance coverage or equiv-
 alent excess coverage of an allocable share of such insufficiency, based
 on  the  ratio  of the total cost of such coverage for such physician to
 the sum of the total cost of such coverage for all physicians applied to
 such insufficiency.
   (b) Each provider of excess insurance coverage  or  equivalent  excess
 coverage  covering the period July 1, 1992 to June 30, 1993, or covering
 the period July 1, 1993 to June 30, 1994, or covering the period July 1,
 1994 to June 30, 1995, or covering the period July 1, 1995 to  June  30,
 1996,  or covering the period July 1, 1996 to June 30, 1997, or covering
 the period July 1, 1997 to June 30, 1998, or covering the period July 1,
 1998 to June 30, 1999, or covering the period July 1, 1999 to  June  30,
 2000,  or covering the period July 1, 2000 to June 30, 2001, or covering
 the period July 1, 2001 to October 29,  2001,  or  covering  the  period
 April  1,  2002 to June 30, 2002, or covering the period July 1, 2002 to
 June 30, 2003, or covering the period July 1, 2003 to June 30, 2004,  or
 covering the period July 1, 2004 to June 30, 2005, or covering the peri-
 od July 1, 2005 to June 30, 2006, or covering the period July 1, 2006 to
 June  30, 2007, or covering the period July 1, 2007 to June 30, 2008, or
 covering the period July 1, 2008 to June 30, 2009, or covering the peri-
 od July 1, 2009 to June 30, 2010, or covering the period July 1, 2010 to
 June 30, 2011, or covering the period July 1, 2011 to June 30, 2012,  or
 covering the period July 1, 2012 to June 30, 2013, or covering the peri-
 od July 1, 2013 to June 30, 2014, or covering the period July 1, 2014 to
 June  30, 2015, or covering the period July 1, 2015 to June 30, 2016, or
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 covering the period July 1, 2016 to June 30, 2017, or covering the peri-
 od July 1, 2017 to June 30, 2018, or covering the period July 1, 2018 to
 June 30, 2019, or covering the period July 1, 2019 to June 30, 2020,  or
 covering the period July 1, 2020 to June 30, 2021, or covering the peri-
 od July 1, 2021 to June 30, 2022, or covering the period July 1, 2022 to
 June  30,  2023,  OR  COVERING  THE PERIOD JULY 1, 2023 TO JUNE 30, 2024
 shall notify a covered physician or  dentist  by  mail,  mailed  to  the
 address  shown  on the last application for excess insurance coverage or
 equivalent excess coverage, of the amount due to such provider from such
 physician or dentist for such coverage period determined  in  accordance
 with  paragraph  (a)  of this subdivision. Such amount shall be due from
 such physician or dentist to such provider of excess insurance  coverage
 or  equivalent  excess  coverage  in a time and manner determined by the
 superintendent of financial services.
   (c) If a physician or dentist liable for payment of a portion  of  the
 costs  of excess insurance coverage or equivalent excess coverage cover-
 ing the period July 1, 1992 to June 30, 1993,  or  covering  the  period
 July  1,  1993  to June 30, 1994, or covering the period July 1, 1994 to
 June 30, 1995, or covering the period July 1, 1995 to June 30, 1996,  or
 covering the period July 1, 1996 to June 30, 1997, or covering the peri-
 od July 1, 1997 to June 30, 1998, or covering the period July 1, 1998 to
 June  30, 1999, or covering the period July 1, 1999 to June 30, 2000, or
 covering the period July 1, 2000 to June 30, 2001, or covering the peri-
 od July 1, 2001 to October 29, 2001, or covering  the  period  April  1,
 2002  to  June 30, 2002, or covering the period July 1, 2002 to June 30,
 2003, or covering the period July 1, 2003 to June 30, 2004, or  covering
 the period July 1, 2004 to June 30, 2005, or covering the period July 1,
 2005  to  June 30, 2006, or covering the period July 1, 2006 to June 30,
 2007, or covering the period July 1, 2007 to June 30, 2008, or  covering
 the period July 1, 2008 to June 30, 2009, or covering the period July 1,
 2009  to  June 30, 2010, or covering the period July 1, 2010 to June 30,
 2011, or covering the period July 1, 2011 to June 30, 2012, or  covering
 the period July 1, 2012 to June 30, 2013, or covering the period July 1,
 2013  to  June 30, 2014, or covering the period July 1, 2014 to June 30,
 2015, or covering the period July 1, 2015 to June 30, 2016, or  covering
 the period July 1, 2016 to June 30, 2017, or covering the period July 1,
 2017  to  June 30, 2018, or covering the period July 1, 2018 to June 30,
 2019, or covering the period July 1, 2019 to June 30, 2020, or  covering
 the period July 1, 2020 to June 30, 2021, or covering the period July 1,
 2021  to  June 30, 2022, or covering the period July 1, 2022 to June 30,
 2023, OR COVERING THE PERIOD JULY 1, 2023 TO JUNE 30, 2024 determined in
 accordance with paragraph (a) of  this  subdivision  fails,  refuses  or
 neglects to make payment to the provider of excess insurance coverage or
 equivalent  excess coverage in such time and manner as determined by the
 superintendent of financial services pursuant to paragraph (b)  of  this
 subdivision,  excess  insurance  coverage  or equivalent excess coverage
 purchased for such physician or dentist in accordance with this  section
 for  such  coverage period shall be cancelled and shall be null and void
 as of the first day on or after the  commencement  of  a  policy  period
 where  the  liability  for  payment pursuant to this subdivision has not
 been met.
   (d) Each provider of excess insurance coverage  or  equivalent  excess
 coverage  shall  notify the superintendent of financial services and the
 commissioner of health or their designee of each physician  and  dentist
 eligible  for  purchase  of  a  policy  for excess insurance coverage or
 equivalent excess coverage covering the period July 1, 1992 to June  30,
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 1993,  or covering the period July 1, 1993 to June 30, 1994, or covering
 the period July 1, 1994 to June 30, 1995, or covering the period July 1,
 1995 to June 30, 1996, or covering the period July 1, 1996 to  June  30,
 1997,  or covering the period July 1, 1997 to June 30, 1998, or covering
 the period July 1, 1998 to June 30, 1999, or covering the period July 1,
 1999 to June 30, 2000, or covering the period July 1, 2000 to  June  30,
 2001, or covering the period July 1, 2001 to October 29, 2001, or cover-
 ing  the  period  April 1, 2002 to June 30, 2002, or covering the period
 July 1, 2002 to June 30, 2003, or covering the period July  1,  2003  to
 June  30, 2004, or covering the period July 1, 2004 to June 30, 2005, or
 covering the period July 1, 2005 to June 30, 2006, or covering the peri-
 od July 1, 2006 to June 30, 2007, or covering the period July 1, 2007 to
 June 30, 2008, or covering the period July 1, 2008 to June 30, 2009,  or
 covering the period July 1, 2009 to June 30, 2010, or covering the peri-
 od July 1, 2010 to June 30, 2011, or covering the period July 1, 2011 to
 June  30, 2012, or covering the period July 1, 2012 to June 30, 2013, or
 covering the period July 1, 2013 to June 30, 2014, or covering the peri-
 od July 1, 2014 to June 30, 2015, or covering the period July 1, 2015 to
 June 30, 2016, or covering the period July 1, 2016 to June 30, 2017,  or
 covering the period July 1, 2017 to June 30, 2018, or covering the peri-
 od July 1, 2018 to June 30, 2019, or covering the period July 1, 2019 to
 June  30, 2020, or covering the period July 1, 2020 to June 30, 2021, or
 covering the period July 1, 2021 to June 30, 2022, or covering the peri-
 od July 1, 2022 to June [1] 30, 2023, OR COVERING  THE  PERIOD  JULY  1,
 2023  TO  JUNE 30, 2024 that has made payment to such provider of excess
 insurance coverage or equivalent  excess  coverage  in  accordance  with
 paragraph  (b) of this subdivision and of each physician and dentist who
 has failed, refused or neglected to make such payment.
   (e) A provider of  excess  insurance  coverage  or  equivalent  excess
 coverage  shall  refund to the hospital excess liability pool any amount
 allocable to the period July 1, 1992 to June 30, 1993, and to the period
 July 1, 1993 to June 30, 1994, and to the period July 1,  1994  to  June
 30,  1995,  and  to the period July 1, 1995 to June 30, 1996, and to the
 period July 1, 1996 to June 30, 1997, and to the period July 1, 1997  to
 June  30,  1998, and to the period July 1, 1998 to June 30, 1999, and to
 the period July 1, 1999 to June 30, 2000, and to the period July 1, 2000
 to June 30, 2001, and to the period July 1, 2001 to  October  29,  2001,
 and to the period April 1, 2002 to June 30, 2002, and to the period July
 1,  2002  to  June  30, 2003, and to the period July 1, 2003 to June 30,
 2004, and to the period July 1, 2004 to June 30, 2005, and to the period
 July 1, 2005 to June 30, 2006, and to the period July 1,  2006  to  June
 30,  2007,  and  to the period July 1, 2007 to June 30, 2008, and to the
 period July 1, 2008 to June 30, 2009, and to the period July 1, 2009  to
 June  30,  2010, and to the period July 1, 2010 to June 30, 2011, and to
 the period July 1, 2011 to June 30, 2012, and to the period July 1, 2012
 to June 30, 2013, and to the period July 1, 2013 to June 30,  2014,  and
 to  the  period July 1, 2014 to June 30, 2015, and to the period July 1,
 2015 to June 30, 2016, to the period July 1, 2016 to June 30, 2017,  and
 to  the  period July 1, 2017 to June 30, 2018, and to the period July 1,
 2018 to June 30, 2019, and to the period July 1, 2019 to June 30,  2020,
 and  to the period July 1, 2020 to June 30, 2021, and to the period July
 1, 2021 to June 30, 2022, and to the period July 1,  2022  to  June  30,
 2023,  AND TO THE PERIOD JULY 1, 2023 TO JUNE 30, 2024 received from the
 hospital excess liability pool for purchase of excess insurance coverage
 or equivalent excess coverage covering the period July 1, 1992  to  June
 30,  1993,  and  covering  the period July 1, 1993 to June 30, 1994, and
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 covering the period July 1, 1994 to June  30,  1995,  and  covering  the
 period  July  1,  1995 to June 30, 1996, and covering the period July 1,
 1996 to June 30, 1997, and covering the period July 1, 1997 to June  30,
 1998,  and covering the period July 1, 1998 to June 30, 1999, and cover-
 ing the period July 1, 1999 to June 30, 2000, and  covering  the  period
 July  1,  2000 to June 30, 2001, and covering the period July 1, 2001 to
 October 29, 2001, and covering the period April  1,  2002  to  June  30,
 2002,  and covering the period July 1, 2002 to June 30, 2003, and cover-
 ing the period July 1, 2003 to June 30, 2004, and  covering  the  period
 July  1,  2004 to June 30, 2005, and covering the period July 1, 2005 to
 June 30, 2006, and covering the period July 1, 2006 to  June  30,  2007,
 and  covering the period July 1, 2007 to June 30, 2008, and covering the
 period July 1, 2008 to June 30, 2009, and covering the  period  July  1,
 2009  to June 30, 2010, and covering the period July 1, 2010 to June 30,
 2011, and covering the period July 1, 2011 to June 30, 2012, and  cover-
 ing  the  period  July 1, 2012 to June 30, 2013, and covering the period
 July 1, 2013 to June 30, 2014, and covering the period July 1,  2014  to
 June  30,  2015,  and covering the period July 1, 2015 to June 30, 2016,
 and covering the period July 1, 2016 to June 30, 2017, and covering  the
 period  July  1,  2017 to June 30, 2018, and covering the period July 1,
 2018 to June 30, 2019, and covering the period July 1, 2019 to June  30,
 2020,  and covering the period July 1, 2020 to June 30, 2021, and cover-
 ing the period July 1, 2021 to June 30, 2022, and  covering  the  period
 July  1, 2022 to June 30, 2023 for, AND COVERING THE PERIOD JULY 1, 2023
 TO JUNE 30, 2024 a physician or  dentist  where  such  excess  insurance
 coverage  or  equivalent excess coverage is cancelled in accordance with
 paragraph (c) of this subdivision.
   § 4. Section 40 of chapter 266 of the laws of 1986, amending the civil
 practice law and rules  and  other  laws  relating  to  malpractice  and
 professional medical conduct, as amended by section 4 of part Z of chap-
 ter 57 of the laws of 2022, is amended to read as follows:
   §  40.  The superintendent of financial services shall establish rates
 for policies providing coverage  for  physicians  and  surgeons  medical
 malpractice  for the periods commencing July 1, 1985 and ending June 30,
 [2023] 2024; provided, however, that notwithstanding any other provision
 of law, the superintendent shall not establish or approve  any  increase
 in  rates  for  the  period  commencing July 1, 2009 and ending June 30,
 2010. The superintendent shall direct insurers to  establish  segregated
 accounts  for premiums, payments, reserves and investment income attrib-
 utable to such premium periods and shall require periodic reports by the
 insurers regarding claims and expenses attributable to such  periods  to
 monitor whether such accounts will be sufficient to meet incurred claims
 and  expenses. On or after July 1, 1989, the superintendent shall impose
 a surcharge on premiums  to  satisfy  a  projected  deficiency  that  is
 attributable  to the premium levels established pursuant to this section
 for such periods; provided, however, that such  annual  surcharge  shall
 not  exceed  eight  percent of the established rate until July 1, [2023]
 2024, at which time and thereafter such surcharge shall not exceed twen-
 ty-five percent of the approved adequate  rate,  and  that  such  annual
 surcharges shall continue for such period of time as shall be sufficient
 to  satisfy  such  deficiency.  The superintendent shall not impose such
 surcharge during the period commencing July 1, 2009 and ending June  30,
 2010.  On  and  after  July  1,  1989,  the surcharge prescribed by this
 section shall be retained by insurers to the extent  that  they  insured
 physicians  and surgeons during the July 1, 1985 through June 30, [2023]
 2024 policy periods; in the event  and  to  the  extent  physicians  and
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 surgeons  were  insured by another insurer during such periods, all or a
 pro rata share of the surcharge, as the case may be, shall  be  remitted
 to  such  other  insurer  in accordance with rules and regulations to be
 promulgated by the superintendent.  Surcharges collected from physicians
 and  surgeons  who  were not insured during such policy periods shall be
 apportioned among all insurers in proportion to the premium  written  by
 each  insurer  during such policy periods; if a physician or surgeon was
 insured by an insurer subject to rates established by the superintendent
 during such policy periods, and  at  any  time  thereafter  a  hospital,
 health  maintenance organization, employer or institution is responsible
 for responding in damages for liability arising out of such  physician's
 or  surgeon's  practice  of medicine, such responsible entity shall also
 remit to such prior insurer the equivalent amount  that  would  then  be
 collected  as  a  surcharge if the physician or surgeon had continued to
 remain insured by such prior insurer. In  the  event  any  insurer  that
 provided  coverage  during  such  policy  periods is in liquidation, the
 property/casualty insurance security fund shall receive the  portion  of
 surcharges to which the insurer in liquidation would have been entitled.
 The surcharges authorized herein shall be deemed to be income earned for
 the  purposes of section 2303 of the insurance law.  The superintendent,
 in establishing adequate rates and in determining  any  projected  defi-
 ciency  pursuant  to  the requirements of this section and the insurance
 law, shall give substantial weight, determined  in  his  discretion  and
 judgment,  to  the  prospective  anticipated  effect  of any regulations
 promulgated and laws enacted and the  public  benefit  of    stabilizing
 malpractice rates and minimizing rate level fluctuation during the peri-
 od  of  time  necessary for the development of more reliable statistical
 experience as to the efficacy of such  laws  and  regulations  affecting
 medical, dental or podiatric malpractice enacted or promulgated in 1985,
 1986,  by this act and at any other time.  Notwithstanding any provision
 of the insurance law, rates already established and to be established by
 the superintendent pursuant to this section are deemed adequate if  such
 rates  would be adequate when taken together with the maximum authorized
 annual surcharges to be imposed for a reasonable period of time  whether
 or  not  any  such  annual surcharge has been actually imposed as of the
 establishment of such rates.
   § 5. Section 5 and subdivisions (a) and (e) of section 6 of part J  of
 chapter  63  of  the  laws  of 2001, amending chapter 266 of the laws of
 1986, amending the civil practice law and rules and other laws  relating
 to malpractice and professional medical conduct, as amended by section 5
 of  part  Z  of  chapter  57 of the laws of 2022, are amended to read as
 follows:
   § 5. The superintendent of financial services and the commissioner  of
 health shall determine, no later than June 15, 2002, June 15, 2003, June
 15,  2004,  June  15, 2005, June 15, 2006, June 15, 2007, June 15, 2008,
 June 15, 2009, June 15, 2010, June 15, 2011, June  15,  2012,  June  15,
 2013,  June  15, 2014, June 15, 2015, June 15, 2016, June 15, 2017, June
 15, 2018, June 15, 2019, June 15, 2020, June 15, 2021,  June  15,  2022,
 [and]  June 15, 2023, AND JUNE 15, 2024 the amount of funds available in
 the hospital excess liability pool, created pursuant to  section  18  of
 chapter  266  of the laws of 1986, and whether such funds are sufficient
 for purposes  of  purchasing  excess  insurance  coverage  for  eligible
 participating  physicians and dentists during the period July 1, 2001 to
 June 30, 2002, or July 1, 2002 to June 30, 2003, or July 1, 2003 to June
 30, 2004, or July 1, 2004 to June 30, 2005, or July 1, 2005 to June  30,
 2006,  or  July  1,  2006  to June 30, 2007, or July 1, 2007 to June 30,
 S. 4007--A                         103                        A. 3007--A
 
 2008, or July 1, 2008 to June 30, 2009, or July  1,  2009  to  June  30,
 2010,  or  July  1,  2010  to June 30, 2011, or July 1, 2011 to June 30,
 2012, or July 1, 2012 to June 30, 2013, or July  1,  2013  to  June  30,
 2014,  or  July  1,  2014  to June 30, 2015, or July 1, 2015 to June 30,
 2016, or July 1, 2016 to June 30, 2017, or July  1,  2017  to  June  30,
 2018,  or  July  1,  2018  to June 30, 2019, or July 1, 2019 to June 30,
 2020, or July 1, 2020 to June 30, 2021, or July  1,  2021  to  June  30,
 2022, or July 1, 2022 to June 30, 2023, OR JULY 1, 2023 TO JUNE 30, 2024
 as applicable.
   (a)  This section shall be effective only upon a determination, pursu-
 ant to section five of this act,  by  the  superintendent  of  financial
 services  and  the  commissioner  of health, and a certification of such
 determination to the state director of the  budget,  the  chair  of  the
 senate  committee  on finance and the chair of the assembly committee on
 ways and means, that the amount of funds in the hospital excess  liabil-
 ity  pool,  created pursuant to section 18 of chapter 266 of the laws of
 1986, is insufficient for purposes of purchasing excess insurance cover-
 age for eligible participating physicians and dentists during the period
 July 1, 2001 to June 30, 2002, or July 1, 2002 to June 30, 2003, or July
 1, 2003 to June 30, 2004, or July 1, 2004 to June 30, 2005, or  July  1,
 2005 to June 30, 2006, or July 1, 2006 to June 30, 2007, or July 1, 2007
 to  June  30, 2008, or July 1, 2008 to June 30, 2009, or July 1, 2009 to
 June 30, 2010, or July 1, 2010 to June 30, 2011, or July 1, 2011 to June
 30, 2012, or July 1, 2012 to June 30, 2013, or July 1, 2013 to June  30,
 2014,  or  July  1,  2014  to June 30, 2015, or July 1, 2015 to June 30,
 2016, or July 1, 2016 to June 30, 2017, or July  1,  2017  to  June  30,
 2018,  or  July  1,  2018  to June 30, 2019, or July 1, 2019 to June 30,
 2020, or July 1, 2020 to June 30, 2021, or July  1,  2021  to  June  30,
 2022, or July 1, 2022 to June 30, 2023, OR JULY 1, 2023 TO JUNE 30, 2024
 as applicable.
   (e)  The  commissioner  of  health  shall  transfer for deposit to the
 hospital excess liability pool created pursuant to section 18 of chapter
 266 of the laws of 1986 such amounts as directed by  the  superintendent
 of  financial  services  for  the purchase of excess liability insurance
 coverage for eligible participating  physicians  and  dentists  for  the
 policy  year  July 1, 2001 to June 30, 2002, or July 1, 2002 to June 30,
 2003, or July 1, 2003 to June 30, 2004, or July  1,  2004  to  June  30,
 2005,  or  July  1,  2005  to June 30, 2006, or July 1, 2006 to June 30,
 2007, as applicable, and the cost of administering the  hospital  excess
 liability pool for such applicable policy year,  pursuant to the program
 established  in  chapter  266  of the laws of 1986, as amended, no later
 than June 15, 2002, June 15, 2003, June 15, 2004, June  15,  2005,  June
 15,  2006,  June  15, 2007, June 15, 2008, June 15, 2009, June 15, 2010,
 June 15, 2011, June 15, 2012, June 15, 2013, June  15,  2014,  June  15,
 2015,  June  15, 2016, June 15, 2017, June 15, 2018, June 15, 2019, June
 15, 2020, June 15, 2021, June 15, 2022, [and] June 15,  2023,  AND  JUNE
 15, 2024 as applicable.
   §  6. Section 20 of part H of chapter 57 of the laws of 2017, amending
 the New York Health Care Reform Act of 1996 and other laws  relating  to
 extending  certain provisions thereto, as amended by section 6 of part Z
 of chapter 57 of the laws of 2022, is amended to read as follows:
   § 20. Notwithstanding any law, rule or  regulation  to  the  contrary,
 only  physicians  or dentists who were eligible, and for whom the super-
 intendent of financial services and the commissioner of health, or their
 designee, purchased, with funds available in the hospital excess liabil-
 ity pool, a full or partial policy for  excess  coverage  or  equivalent
 S. 4007--A                         104                        A. 3007--A
 
 excess  coverage  for  the coverage period ending the thirtieth of June,
 two thousand [twenty-two] TWENTY-THREE, shall be eligible to  apply  for
 such  coverage  for the coverage period beginning the first of July, two
 thousand  [twenty-two]  TWENTY-THREE;  provided,  however,  if the total
 number of physicians or dentists for whom such excess coverage or equiv-
 alent excess coverage was purchased for the policy year ending the thir-
 tieth of June, two thousand [twenty-two] TWENTY-THREE exceeds the  total
 number  of physicians or dentists certified as eligible for the coverage
 period beginning the first of July, two  thousand  [twenty-two]  TWENTY-
 THREE, then the general hospitals may certify additional eligible physi-
 cians  or  dentists in a number equal to such general hospital's propor-
 tional share of the total number of  physicians  or  dentists  for  whom
 excess  coverage  or equivalent excess coverage was purchased with funds
 available in the hospital excess liability pool as of the  thirtieth  of
 June,  two thousand [twenty-two] TWENTY-THREE, as applied to the differ-
 ence between the number of eligible physicians or dentists  for  whom  a
 policy  for  excess coverage or equivalent excess coverage was purchased
 for the coverage period ending  the  thirtieth  of  June,  two  thousand
 [twenty-two]  TWENTY-THREE and the number of such eligible physicians or
 dentists who have applied  for  excess  coverage  or  equivalent  excess
 coverage  for the coverage period beginning the first of July, two thou-
 sand [twenty-two] TWENTY-THREE.
   § 7. This act shall take effect immediately and  shall  be  deemed  to
 have been in full force and effect on and after April 1, 2023.
 
                                  PART G
 
   Section 1. Paragraph (a) of subdivision 12 of section 203 of the elder
 law,  as added by section 1 of part U of chapter 57 of the laws of 2019,
 is amended to read as follows:
   (a) The director is hereby authorized to implement private pay  proto-
 cols  for programs and services administered by the office. These proto-
 cols may be implemented by area agencies on aging at  their  option  and
 such  protocols  shall not be applied to services for a participant when
 being paid for with federal funds or funds designated as federal  match,
 or  for  individuals  with  an income below [four] TWO hundred AND FIFTY
 percent of the federal poverty  level.  All  private  payments  received
 directly by an area agency on aging or indirectly by one of its contrac-
 tors shall be used to supplement, not supplant, funds by state, federal,
 or  county  appropriations.  Such private pay payments shall be set at a
 cost to the participant of not more than twenty percent above either the
 unit cost to the area agency on aging to provide the program or  service
 directly,  or  the  amount  that  the  area  agency on aging pays to its
 contractor to provide the  program  or  service.  Private  pay  payments
 received  under  this  subdivision  shall  be used by the area agency on
 aging to first reduce any unmet need for programs and services, and then
 to support and enhance services or programs provided by the area  agency
 on aging. No participant, regardless of income, shall be required to pay
 for  any  program  or  service that they are receiving at the time these
 protocols are implemented by the area agency on aging. This  subdivision
 shall not prevent cost sharing for the programs and services established
 pursuant  to section two hundred fourteen of this title [for individuals
 below four hundred percent of the  federal  poverty  level].  Consistent
 with  federal and state statute and regulations, when providing programs
 and services, area agencies on aging and their contractors shall contin-
 ue to give priority for programs and services to  individuals  with  the
 S. 4007--A                         105                        A. 3007--A
 
 greatest  economic  or  social  needs. In the event that the capacity to
 provide programs and services is limited,  such  programs  and  services
 shall  be  provided to individuals with incomes below [four] TWO hundred
 AND  FIFTY percent of the federal poverty level before such programs and
 services are provided to those participating in the private pay protocol
 pursuant to this subdivision.
   § 2. This act shall take effect immediately.
 
                                  PART H
 
   Section 1.  Section 5 of part AAA of chapter 56 of the laws  of  2022,
 amending  the  social services law relating to expanding Medicaid eligi-
 bility requirements for seniors and disabled individuals, is amended  to
 read as follows:
   §  5.  This  act shall take effect January 1, 2023, subject to federal
 financial participation for sections one, three, and four of  this  act;
 provided,  however  that [the] SECTION TWO OF THIS ACT SHALL TAKE EFFECT
 JANUARY 1, 2024. THE commissioner of health shall notify the legislative
 bill drafting  commission  upon  the  occurrence  of  federal  financial
 participation  in order that the commission may maintain an accurate and
 timely effective data base of the official text of the laws of the state
 of New York in furtherance of effectuating the provisions of section  44
 of the legislative law and section 70-b of the public officers law.
   §  2.  Short  title.  This  act shall be known and may be cited as the
 "1332 state innovation program".
   § 3. The social services law is amended by adding a new section 369-ii
 to read as follows:
   § 369-II. 1332 STATE INNOVATION PROGRAM. 1. AUTHORIZATION.    NOTWITH-
 STANDING  SECTION  THREE HUNDRED SIXTY-NINE-GG OF THIS TITLE, SUBJECT TO
 FEDERAL APPROVAL, IF IT IS IN THE FINANCIAL INTEREST OF THE STATE TO  DO
 SO,  THE  COMMISSIONER OF HEALTH IS AUTHORIZED, WITH THE APPROVAL OF THE
 DIRECTOR OF THE BUDGET, TO ESTABLISH A  1332  STATE  INNOVATION  PROGRAM
 PURSUANT  TO  SECTION 1332 OF THE PATIENT PROTECTION AND AFFORDABLE CARE
 ACT (P.L.  111-148) AND SUBDIVISION TWENTY-FIVE OF SECTION  TWO  HUNDRED
 SIXTY-EIGHT-C  OF  THE  PUBLIC  HEALTH LAW. THE COMMISSIONER OF HEALTH'S
 AUTHORITY PURSUANT TO THIS SECTION  IS  CONTINGENT  UPON  OBTAINING  AND
 MAINTAINING  ALL  NECESSARY  APPROVALS  FROM THE SECRETARY OF HEALTH AND
 HUMAN SERVICES AND THE SECRETARY OF THE TREASURY BASED ON AN APPLICATION
 FOR A WAIVER FOR STATE INNOVATION. THE COMMISSIONER OF HEALTH  MAY  TAKE
 ALL ACTIONS NECESSARY TO OBTAIN SUCH APPROVALS.
   2. DEFINITIONS. FOR THE PURPOSES OF THIS SECTION:
   (A)  "ELIGIBLE  ORGANIZATION"  MEANS  AN  INSURER LICENSED PURSUANT TO
 ARTICLE THIRTY-TWO OR FORTY-TWO OF THE INSURANCE LAW, A  CORPORATION  OR
 AN  ORGANIZATION  UNDER  ARTICLE FORTY-THREE OF THE INSURANCE LAW, OR AN
 ORGANIZATION CERTIFIED UNDER ARTICLE FORTY-FOUR  OF  THE  PUBLIC  HEALTH
 LAW,  INCLUDING  PROVIDERS  CERTIFIED  UNDER  SECTION FORTY-FOUR HUNDRED
 THREE-E OF THE PUBLIC HEALTH LAW.
   (B) "APPROVED ORGANIZATION" MEANS AN ELIGIBLE ORGANIZATION APPROVED BY
 THE COMMISSIONER OF HEALTH TO UNDERWRITE A 1332 STATE INNOVATION  HEALTH
 INSURANCE PLAN PURSUANT TO THIS SECTION.
   (C) "HEALTH CARE SERVICES" MEANS:
   (I) THE SERVICES AND SUPPLIES AS DEFINED BY THE COMMISSIONER OF HEALTH
 IN CONSULTATION WITH THE SUPERINTENDENT OF FINANCIAL SERVICES, AND SHALL
 BE  CONSISTENT  WITH  AND  SUBJECT  TO  THE ESSENTIAL HEALTH BENEFITS AS
 DEFINED BY THE COMMISSIONER IN ACCORDANCE WITH  THE  PROVISIONS  OF  THE
 PATIENT PROTECTION AND AFFORDABLE CARE ACT (P.L. 111-148) AND CONSISTENT
 S. 4007--A                         106                        A. 3007--A
 
 WITH THE BENEFITS PROVIDED BY THE REFERENCE PLAN SELECTED BY THE COMMIS-
 SIONER  OF  HEALTH FOR THE PURPOSES OF DEFINING SUCH BENEFITS, AND SHALL
 INCLUDE COVERAGE OF AND ACCESS TO THE SERVICES OF  ANY  NATIONAL  CANCER
 INSTITUTE-DESIGNATED  CANCER CENTER LICENSED BY THE DEPARTMENT OF HEALTH
 WITHIN THE SERVICE AREA OF THE APPROVED ORGANIZATION THAT IS WILLING  TO
 AGREE  TO  PROVIDE  CANCER-RELATED  INPATIENT,  OUTPATIENT  AND  MEDICAL
 SERVICES TO ALL ENROLLEES  IN  APPROVED  ORGANIZATIONS'  PLANS  IN  SUCH
 CANCER  CENTER'S  SERVICE AREA UNDER THE PREVAILING TERMS AND CONDITIONS
 THAT THE APPROVED ORGANIZATION REQUIRES OF OTHER SIMILAR PROVIDERS TO BE
 INCLUDED IN THE APPROVED  ORGANIZATION'S  NETWORK,  PROVIDED  THAT  SUCH
 TERMS  SHALL  INCLUDE  REIMBURSEMENT  OF SUCH CENTER AT NO LESS THAN THE
 FEE-FOR-SERVICE MEDICAID PAYMENT RATE AND METHODOLOGY APPLICABLE TO  THE
 CENTER'S INPATIENT AND OUTPATIENT SERVICES;
   (II)  DENTAL  AND  VISION  SERVICES  AS DEFINED BY THE COMMISSIONER OF
 HEALTH, AND
   (III) AS DEFINED BY THE COMMISSIONER OF HEALTH AND SUBJECT TO  FEDERAL
 APPROVAL,  CERTAIN  SERVICES AND SUPPORTS PROVIDED TO ENROLLEES WHO HAVE
 FUNCTIONAL LIMITATIONS AND/OR CHRONIC ILLNESSES THAT  HAVE  THE  PRIMARY
 PURPOSE OF SUPPORTING THE ABILITY OF THE ENROLLEE TO LIVE OR WORK IN THE
 SETTING  OF  THEIR  CHOICE,  WHICH  MAY INCLUDE THE INDIVIDUAL'S HOME, A
 WORKSITE, OR A PROVIDER-OWNED OR CONTROLLED RESIDENTIAL SETTING.
   (D) "QUALIFIED HEALTH PLAN" MEANS A HEALTH PLAN THAT MEETS THE  CRITE-
 RIA  FOR  CERTIFICATION DESCRIBED IN § 1311(C) OF THE PATIENT PROTECTION
 AND AFFORDABLE CARE ACT (P.L. 111-148), AND IS  OFFERED  TO  INDIVIDUALS
 THROUGH  THE  NY  STATE  OF  HEALTH, THE OFFICIAL HEALTH MARKETPLACE, OR
 MARKETPLACE, AS DEFINED  IN  SUBDIVISION  TWO  OF  SECTION  TWO  HUNDRED
 SIXTY-EIGHT-A OF THE PUBLIC HEALTH LAW.
   (E) "BASIC HEALTH INSURANCE PLAN" MEANS A HEALTH PLAN PROVIDING HEALTH
 CARE  SERVICES,  SEPARATE AND APART FROM QUALIFIED HEALTH PLANS, THAT IS
 ISSUED BY AN APPROVED ORGANIZATION  AND  CERTIFIED  IN  ACCORDANCE  WITH
 SECTION THREE HUNDRED SIXTY-NINE-GG OF THIS TITLE.
   (F)  "1332 STATE INNOVATION PLAN" MEANS A STANDARD HEALTH PLAN PROVID-
 ING HEALTH CARE SERVICES, SEPARATE AND APART  FROM  A  QUALIFIED  HEALTH
 PLAN  AND  A  BASIC HEALTH INSURANCE PLAN, THAT IS ISSUED BY AN APPROVED
 ORGANIZATION AND CERTIFIED IN ACCORDANCE WITH THIS SECTION.
   3. STATE INNOVATION PLAN ELIGIBLE INDIVIDUAL. (A) A PERSON IS ELIGIBLE
 TO RECEIVE COVERAGE FOR HEALTH CARE UNDER THIS SECTION IF THEY:
   (I) RESIDE IN NEW YORK STATE AND ARE UNDER SIXTY-FIVE YEARS OF AGE;
   (II) ARE NOT ELIGIBLE FOR MEDICAL ASSISTANCE  UNDER  TITLE  ELEVEN  OF
 THIS  ARTICLE  OR FOR THE CHILD HEALTH INSURANCE PLAN DESCRIBED IN TITLE
 ONE-A OF ARTICLE TWENTY-FIVE OF THE PUBLIC HEALTH LAW;
   (III) ARE NOT ELIGIBLE FOR MINIMUM ESSENTIAL COVERAGE, AS  DEFINED  IN
 SECTION  5000A(F)  OF  THE  INTERNAL REVENUE SERVICE CODE OF 1986, OR IS
 ELIGIBLE FOR AN EMPLOYER-SPONSORED  PLAN  THAT  IS  NOT  AFFORDABLE,  IN
 ACCORDANCE WITH SECTION 5000A(F) OF SUCH CODE; AND
   (IV)  HAVE  HOUSEHOLD  INCOME AT OR BELOW TWO HUNDRED FIFTY PERCENT OF
 THE FEDERAL POVERTY LINE DEFINED AND  ANNUALLY  REVISED  BY  THE  UNITED
 STATES  DEPARTMENT  OF  HEALTH AND HUMAN SERVICES FOR A HOUSEHOLD OF THE
 SAME SIZE; AND HAS HOUSEHOLD INCOME THAT  EXCEEDS  ONE  HUNDRED  THIRTY-
 THREE  PERCENT  OF THE FEDERAL POVERTY LINE DEFINED AND ANNUALLY REVISED
 BY THE UNITED STATES DEPARTMENT OF  HEALTH  AND  HUMAN  SERVICES  FOR  A
 HOUSEHOLD  OF THE SAME SIZE; HOWEVER, MAGI ELIGIBLE NONCITIZENS LAWFULLY
 PRESENT IN THE UNITED STATES WITH HOUSEHOLD  INCOMES  AT  OR  BELOW  ONE
 HUNDRED THIRTY-THREE PERCENT OF THE FEDERAL POVERTY LINE SHALL BE ELIGI-
 BLE  TO  RECEIVE  COVERAGE  FOR  HEALTH  CARE  SERVICES  PURSUANT TO THE
 PROVISIONS OF THIS SECTION IF SUCH NONCITIZEN WOULD  BE  INELIGIBLE  FOR
 S. 4007--A                         107                        A. 3007--A

 MEDICAL ASSISTANCE UNDER TITLE ELEVEN OF THIS ARTICLE DUE TO THEIR IMMI-
 GRATION STATUS.
   (B)  SUBJECT TO FEDERAL APPROVAL, A CHILD BORN TO AN INDIVIDUAL ELIGI-
 BLE FOR AND RECEIVING COVERAGE FOR HEALTH CARE SERVICES PURSUANT TO THIS
 SECTION WHO BUT FOR THEIR ELIGIBILITY UNDER THIS SECTION WOULD BE ELIGI-
 BLE FOR COVERAGE PURSUANT TO SUBPARAGRAPHS TWO OR FOUR OF PARAGRAPH  (B)
 OF  SUBDIVISION  ONE OF SECTION THREE HUNDRED SIXTY-SIX OF THIS ARTICLE,
 SHALL BE ADMINISTRATIVELY ENROLLED, AS DEFINED BY  THE  COMMISSIONER  OF
 HEALTH,  IN  MEDICAL ASSISTANCE AND TO HAVE BEEN FOUND ELIGIBLE FOR SUCH
 ASSISTANCE ON THE DATE OF SUCH BIRTH AND TO  REMAIN  ELIGIBLE  FOR  SUCH
 ASSISTANCE FOR A PERIOD OF ONE YEAR.
   (C) SUBJECT TO FEDERAL APPROVAL, AN INDIVIDUAL WHO IS ELIGIBLE FOR AND
 RECEIVING  COVERAGE FOR HEALTH CARE SERVICES PURSUANT TO THIS SECTION IS
 ELIGIBLE TO CONTINUE TO RECEIVE HEALTH CARE SERVICES  PURSUANT  TO  THIS
 SECTION  DURING  THE INDIVIDUAL'S PREGNANCY AND FOR A PERIOD OF ONE YEAR
 FOLLOWING THE END OF THE PREGNANCY WITHOUT REGARD TO ANY CHANGE  IN  THE
 INCOME  OF  THE HOUSEHOLD THAT INCLUDES THE PREGNANT INDIVIDUAL, EVEN IF
 SUCH CHANGE WOULD RENDER THE PREGNANT INDIVIDUAL INELIGIBLE  TO  RECEIVE
 HEALTH CARE SERVICES PURSUANT TO THIS SECTION.
   (D)  FOR  THE  PURPOSES OF THIS SECTION, 1332 STATE INNOVATION PROGRAM
 ELIGIBLE INDIVIDUALS ARE PROHIBITED  FROM  BEING  TREATED  AS  QUALIFIED
 INDIVIDUALS  UNDER SECTION 1312 OF THE AFFORDABLE CARE ACT AND AS ELIGI-
 BLE INDIVIDUALS UNDER SECTION 1331 OF THE ACA AND ENROLLING IN QUALIFIED
 HEALTH PLAN THROUGH THE MARKETPLACE OR STANDARD HEALTH PLAN THROUGH  THE
 BASIC HEALTH PROGRAM.
   4.  ENROLLMENT.  (A)  SUBJECT TO FEDERAL APPROVAL, THE COMMISSIONER OF
 HEALTH IS AUTHORIZED TO ESTABLISH AN APPLICATION AND  ENROLLMENT  PROCE-
 DURE  FOR PROSPECTIVE ENROLLEES. SUCH PROCEDURE WILL INCLUDE A VERIFICA-
 TION SYSTEM FOR APPLICANTS, WHICH MUST  BE  CONSISTENT  WITH  42  USC  §
 1320B-7.
   (B) SUCH PROCEDURE SHALL ALLOW FOR CONTINUOUS ENROLLMENT FOR ENROLLEES
 TO  THE  1332 STATE INNOVATION PROGRAM WHERE AN INDIVIDUAL MAY APPLY AND
 ENROLL FOR COVERAGE AT ANY POINT.
   (C) UPON AN APPLICANT'S ENROLLMENT IN A 1332  STATE  INNOVATION  PLAN,
 COVERAGE  FOR  HEALTH  CARE  SERVICES PURSUANT TO THE PROVISIONS OF THIS
 SECTION SHALL BE RETROACTIVE TO THE FIRST DAY OF THE MONTH IN WHICH  THE
 INDIVIDUAL  WAS DETERMINED ELIGIBLE, EXCEPT IN THE CASE OF PROGRAM TRAN-
 SITIONS WITHIN THE MARKETPLACE.
   (D) A PERSON WHO HAS ENROLLED FOR COVERAGE PURSUANT TO  THIS  SECTION,
 AND WHO LOSES ELIGIBILITY TO ENROLL IN THE 1332 STATE INNOVATION PROGRAM
 FOR  A  REASON  OTHER  THAN CITIZENSHIP STATUS, LACK OF STATE RESIDENCE,
 FAILURE TO PROVIDE A VALID SOCIAL SECURITY NUMBER, PROVIDING  INACCURATE
 INFORMATION  THAT  WOULD  AFFECT ELIGIBILITY WHEN REQUESTING OR RENEWING
 HEALTH COVERAGE PURSUANT TO THIS SECTION, OR FAILURE TO MAKE AN APPLICA-
 BLE PREMIUM PAYMENT, BEFORE THE END OF A TWELVE MONTH  PERIOD  BEGINNING
 ON  THE EFFECTIVE DATE OF THE PERSON'S INITIAL ELIGIBILITY FOR COVERAGE,
 OR BEFORE THE END OF A TWELVE MONTH PERIOD BEGINNING ON THE DATE OF  ANY
 SUBSEQUENT  DETERMINATION  OF  ELIGIBILITY, SHALL HAVE THEIR ELIGIBILITY
 FOR COVERAGE CONTINUED UNTIL  THE  END  OF  SUCH  TWELVE  MONTH  PERIOD,
 PROVIDED  THAT THE STATE RECEIVES FEDERAL APPROVAL FOR USING FUNDS UNDER
 AN APPROVED 1332 WAIVER.
   5. PREMIUMS. SUBJECT TO FEDERAL APPROVAL, THE COMMISSIONER  OF  HEALTH
 SHALL  ESTABLISH  PREMIUM  PAYMENTS ENROLLEES IN A 1332 STATE INNOVATION
 PLAN SHALL PAY TO APPROVED ORGANIZATIONS FOR  COVERAGE  OF  HEALTH  CARE
 SERVICES PURSUANT TO THIS SECTION. SUCH PREMIUM PAYMENTS SHALL BE ESTAB-
 LISHED IN THE FOLLOWING MANNER:
 S. 4007--A                         108                        A. 3007--A
 
   (A)  UP  TO FIFTEEN DOLLARS MONTHLY FOR AN INDIVIDUAL WITH A HOUSEHOLD
 INCOME ABOVE TWO HUNDRED PERCENT OF THE FEDERAL POVERTY LINE BUT  AT  OR
 BELOW  TWO HUNDRED FIFTY PERCENT OF THE FEDERAL POVERTY LINE DEFINED AND
 ANNUALLY REVISED BY THE UNITED STATES DEPARTMENT  OF  HEALTH  AND  HUMAN
 SERVICES FOR A HOUSEHOLD OF THE SAME SIZE; AND
   (B)  NO PAYMENT IS REQUIRED FOR INDIVIDUALS WITH A HOUSEHOLD INCOME AT
 OR BELOW TWO HUNDRED PERCENT OF THE FEDERAL  POVERTY  LINE  DEFINED  AND
 ANNUALLY  REVISED  BY  THE  UNITED STATES DEPARTMENT OF HEALTH AND HUMAN
 SERVICES FOR A HOUSEHOLD OF THE SAME SIZE.
   6. COST-SHARING. THE COMMISSIONER OF HEALTH SHALL ESTABLISH COST-SHAR-
 ING OBLIGATIONS FOR ENROLLEES, SUBJECT TO  FEDERAL  APPROVAL,  INCLUDING
 CHILDBIRTH  AND  NEWBORN  CARE  CONSISTENT  WITH  THE MEDICAL ASSISTANCE
 PROGRAM UNDER TITLE ELEVEN OF THIS ARTICLE. THERE SHALL BE NO COST-SHAR-
 ING OBLIGATIONS FOR ENROLLEES FOR:
   (A) DENTAL AND VISION SERVICES AS  DEFINED  IN  SUBPARAGRAPH  (II)  OF
 PARAGRAPH (C) OF SUBDIVISION TWO OF THIS SECTION; AND
   (B)  SERVICES  AND  SUPPORTS AS DEFINED IN SUBPARAGRAPH (III) OF PARA-
 GRAPH (C) OF SUBDIVISION TWO OF THIS SECTION.
   7. RATES OF PAYMENT. (A) THE COMMISSIONER OF HEALTH SHALL  SELECT  THE
 CONTRACT  WITH AN INDEPENDENT ACTUARY TO STUDY AND RECOMMEND APPROPRIATE
 REIMBURSEMENT METHODOLOGIES FOR THE COST OF HEALTH CARE SERVICE COVERAGE
 PURSUANT TO THIS SECTION. SUCH INDEPENDENT ACTUARY SHALL REVIEW AND MAKE
 RECOMMENDATIONS CONCERNING APPROPRIATE ACTUARIAL ASSUMPTIONS RELEVANT TO
 THE ESTABLISHMENT OF  REIMBURSEMENT  METHODOLOGIES,  INCLUDING  BUT  NOT
 LIMITED  TO;  THE  ADEQUACY OF RATES OF PAYMENT IN RELATION TO THE POPU-
 LATION TO BE SERVED ADJUSTED FOR CASE MIX,  THE  SCOPE  OF  HEALTH  CARE
 SERVICES  APPROVED  ORGANIZATIONS  MUST PROVIDE, THE UTILIZATION OF SUCH
 SERVICES AND THE NETWORK OF PROVIDERS REQUIRED TO MEET STATE STANDARDS.
   (B) UPON  CONSULTATION  WITH  THE  INDEPENDENT  ACTUARY  AND  ENTITIES
 REPRESENTING  APPROVED  ORGANIZATIONS,  THE COMMISSIONER OF HEALTH SHALL
 DEVELOP REIMBURSEMENT METHODOLOGIES AND FEE  SCHEDULES  FOR  DETERMINING
 RATES  OF  PAYMENT, WHICH RATES SHALL BE APPROVED BY THE DIRECTOR OF THE
 DIVISION OF THE BUDGET, TO BE MADE BY THE DEPARTMENT TO APPROVED  ORGAN-
 IZATIONS  FOR THE COST OF HEALTH CARE SERVICES COVERAGE PURSUANT TO THIS
 SECTION. SUCH REIMBURSEMENT METHODOLOGIES AND FEE SCHEDULES MAY  INCLUDE
 PROVISIONS FOR CAPITATION ARRANGEMENTS.
   (C)  THE COMMISSIONER OF HEALTH SHALL HAVE THE AUTHORITY TO PROMULGATE
 REGULATIONS, INCLUDING EMERGENCY REGULATIONS,  NECESSARY  TO  EFFECTUATE
 THE PROVISIONS OF THIS SUBDIVISION.
   (D)  THE  DEPARTMENT  OF  HEALTH SHALL REQUIRE THE INDEPENDENT ACTUARY
 SELECTED PURSUANT TO PARAGRAPH (A) OF  THIS  SUBDIVISION  TO  PROVIDE  A
 COMPLETE ACTUARIAL REPORT, ALONG WITH ALL ACTUARIAL ASSUMPTIONS MADE AND
 ALL  OTHER  DATA, MATERIALS AND METHODOLOGIES USED IN THE DEVELOPMENT OF
 RATES FOR THE 1332 STATE INNOVATION PLAN AUTHORIZED UNDER THIS  SECTION.
 SUCH REPORT SHALL BE PROVIDED ANNUALLY TO THE TEMPORARY PRESIDENT OF THE
 SENATE AND THE SPEAKER OF THE ASSEMBLY.
   8.  AN  INDIVIDUAL  WHO  IS LAWFULLY ADMITTED FOR PERMANENT RESIDENCE,
 PERMANENTLY RESIDING IN THE UNITED STATES UNDER COLOR OF LAW, OR WHO  IS
 A  NON-CITIZEN  IN  A  VALID NONIMMIGRANT STATUS, AS DEFINED IN 8 U.S.C.
 1101(A)(15), AND WHO WOULD BE INELIGIBLE FOR  MEDICAL  ASSISTANCE  UNDER
 TITLE  ELEVEN  OF  THIS  ARTICLE  DUE TO THEIR IMMIGRATION STATUS IF THE
 PROVISIONS OF SECTION  ONE  HUNDRED  TWENTY-TWO  OF  THIS  CHAPTER  WERE
 APPLIED, SHALL BE CONSIDERED TO BE INELIGIBLE FOR MEDICAL ASSISTANCE FOR
 PURPOSES OF PARAGRAPHS (B) AND (C) OF SUBDIVISION THREE OF THIS SECTION.
   9.  REPORTING. THE COMMISSIONER OF HEALTH SHALL SUBMIT A REPORT TO THE
 TEMPORARY PRESIDENT OF THE SENATE AND THE SPEAKER OF THE ASSEMBLY  ANNU-
 S. 4007--A                         109                        A. 3007--A
 
 ALLY  BY  DECEMBER THIRTY-FIRST. THE REPORT SHALL INCLUDE, AT A MINIMUM,
 AN ANALYSIS OF THE 1332 STATE INNOVATION PROGRAM AND ITS IMPACT  ON  THE
 FINANCIAL INTEREST OF THE STATE; ITS IMPACT ON THE MARKETPLACE INCLUDING
 ENROLLMENT  AND PREMIUMS; ITS IMPACT ON THE NUMBER OF UNINSURED INDIVID-
 UALS IN THE STATE; ITS IMPACT ON THE MEDICAID GLOBAL CAP; AND THE  DEMO-
 GRAPHICS  OF  THE  1332 STATE INNOVATION PROGRAM ENROLLEES INCLUDING AGE
 AND IMMIGRATION STATUS.
   10. SEVERABILITY. IF THE SECRETARY OF HEALTH AND HUMAN SERVICES OR THE
 SECRETARY OF THE TREASURY DO NOT APPROVE ANY PROVISION OF  THE  APPLICA-
 TION FOR A STATE INNOVATION WAIVER, SUCH DECISION SHALL IN NO WAY AFFECT
 OR  IMPAIR  ANY  OTHER PROVISIONS THAT THE SECRETARIES MAY APPROVE UNDER
 THIS SECTION.
   § 4. The state finance law is amended by adding a new section 98-d  to
 read as follows:
   §  98-D. 1332 STATE INNOVATION PROGRAM FUND. 1. THERE IS HEREBY ESTAB-
 LISHED IN THE JOINT CUSTODY OF THE STATE COMPTROLLER AND THE COMMISSION-
 ER OF TAXATION AND FINANCE A SPECIAL FUND TO BE KNOWN AS THE "1332 STATE
 INNOVATION PROGRAM FUND".
   2. SUCH FUND SHALL BE KEPT SEPARATE AND SHALL NOT BE  COMMINGLED  WITH
 ANY  OTHER FUNDS IN THE CUSTODY OF THE STATE COMPTROLLER AND THE COMMIS-
 SIONER OF TAXATION AND FINANCE.
   3. SUCH FUND SHALL CONSIST OF  MONEYS  TRANSFERRED  FROM  THE  FEDERAL
 GOVERNMENT  PURSUANT TO 42 U.S.C. 18052 AND AN APPROVED 1332 STATE INNO-
 VATION PROGRAM WAIVER APPLICATION FOR THE PURPOSE IMPLEMENTING THE STATE
 PLAN UNDER THE 1332 STATE INNOVATION PROGRAM,  ESTABLISHED  PURSUANT  TO
 SECTION THREE HUNDRED SIXTY-NINE-II OF THE SOCIAL SERVICES LAW.
   4.  UPON  FEDERAL  APPROVAL,  ALL MONEYS IN SUCH FUND SHALL BE USED TO
 IMPLEMENT AND OPERATE THE 1332 STATE  INNOVATION  PROGRAM,  PURSUANT  TO
 SECTION  THREE  HUNDRED SIXTY-NINE-II OF THE SOCIAL SERVICES LAW, EXCEPT
 TO THE EXTENT THAT THE PROVISIONS OF SUCH SECTION CONFLICT OR ARE INCON-
 SISTENT WITH FEDERAL LAW, IN WHICH CASE THE PROVISIONS OF  SUCH  FEDERAL
 LAW SHALL SUPERSEDE SUCH STATE LAW PROVISIONS.
   § 5. Subparagraph (1) of paragraph (g) of subdivision 1 of section 366
 of  the social services law, as amended by section 43 of Part B of chap-
 ter 57 of the laws of 2015, is amended to read as follows:
   (1) Applicants and recipients who are lawfully admitted for  permanent
 residence,  or  who  are permanently residing in the United States under
 color of law, or who are non-citizens in a valid nonimmigrant status, as
 defined in 8 U.S.C.   1101(a)(15); who are  MAGI  eligible  pursuant  to
 paragraph  (b)  of  this  subdivision;  and  who would be ineligible for
 medical assistance coverage under subdivisions one and  two  of  section
 three hundred sixty-five-a of this title solely due to their immigration
 status if the provisions of section one hundred twenty-two of this chap-
 ter were applied, shall only be eligible for assistance under this title
 if  enrolled in a standard health plan offered by a basic health program
 established pursuant to section  three  hundred  sixty-nine-gg  of  this
 article  OR  A  STANDARD  HEALTH PLAN OFFERED BY A 1332 STATE INNOVATION
 PROGRAM ESTABLISHED PURSUANT TO SECTION THREE HUNDRED  SIXTY-NINE-II  OF
 THIS ARTICLE if such program is established and operating.
   § 6. Severability clause. If any clause, sentence, paragraph, subdivi-
 sion,  section  or  part  of  this act shall be adjudged by any court of
 competent jurisdiction to be invalid, such judgment  shall  not  affect,
 impair,  or  invalidate  the remainder thereof, but shall be confined in
 its operation to the clause, sentence, paragraph,  subdivision,  section
 or part thereof directly involved in the controversy in which such judg-
 ment shall have been rendered. It is hereby declared to be the intent of
 S. 4007--A                         110                        A. 3007--A
 
 the  legislature  that  this  act  would  have been enacted even if such
 invalid provisions had not been included herein.
   §  7.  This  act  shall take effect immediately and shall be deemed to
 have been in full force  and  effect  on  and  after  January  1,  2023;
 provided  that  section  three  of this act shall be contingent upon the
 commissioner of health obtaining and maintaining all necessary approvals
 from the secretary of health and human services and the secretary of the
 treasury based on an application  for  a  waiver  for  state  innovation
 pursuant  to  section 1332 of the patient protection and affordable care
 act (P.L.  111-148) and subdivision 25 of section 268-c  of  the  public
 health  law.  The department of health shall notify the legislative bill
 drafting commission upon  the  occurrence  of  approval  of  the  waiver
 program in order that the commission may maintain an accurate and timely
 data  base  of the official text of the laws of the state of New York in
 furtherance of effectuating the provisions of section 44 of the legisla-
 tive law and section 70-b of the public officers law.
 
                                  PART I
 
   Section 1. Subdivision (i) of section 111 of part H of chapter  59  of
 the laws of 2011, amending the public health law and other laws relating
 to  known and projected department of health state fund medical expendi-
 tures, as amended by section 8 of part E of chapter 57 of  the  laws  of
 2019, is amended to read as follows:
   (i)  the amendments to paragraph (b) and subparagraph (i) of paragraph
 (g) of subdivision 7 of section 4403-f of the public health law made  by
 section  forty-one-b  of  this act shall expire and be repealed April 1,
 [2023] 2027;
   § 2. The opening paragraph of subdivision 2 of section 4403-f  of  the
 public  health  law,  as amended by section 8 of part C of chapter 58 of
 the laws of 2007, is amended to read as follows:
   An eligible applicant shall submit an application for a certificate of
 authority to operate a managed long term care plan upon forms prescribed
 by the commissioner, INCLUDING ANY SUCH  FORMS  OR  PROCESS  AS  MAY  BE
 REQUIRED  OR  PRESCRIBED  BY  THE  COMMISSIONER  IN  ACCORDANCE WITH THE
 COMPETITIVE BID PROCESS UNDER SUBDIVISION SIX-A OF  THIS  SECTION.  Such
 eligible  applicant  shall  submit  information and documentation to the
 commissioner which shall include, but not be limited to:
   § 3. Paragraph (a) of subdivision 6 of section 4403-f  of  the  public
 health law, as amended by section 4 of part MM of chapter 56 of the laws
 of 2020, is amended to read as follows:
   (a)  An  applicant  shall  be  issued  a certificate of authority as a
 managed long term care plan upon a  determination  by  the  commissioner
 that  the  applicant  complies  with  the  operating  requirements for a
 managed long term care plan under this section. The  commissioner  shall
 issue  no  more  than  seventy-five certificates of authority to managed
 long term care plans pursuant to this section.
   (A-1) Nothing in this section shall  be  construed  as  requiring  the
 department  to  contract  with  or  to contract for a particular line of
 business with an entity certified under this section for  the  provision
 of  services  available under title eleven of article five of the social
 services law.  A MANAGED LONG TERM CARE PLAN  THAT  HAS  BEEN  ISSUED  A
 CERTIFICATE OF AUTHORITY, OR AN APPLICANT FOR A CERTIFICATE OF AUTHORITY
 AS A MANAGED LONG TERM CARE PLAN THAT HAS, IN THE SOLE DISCRETION OF THE
 COMMISSIONER,  IN  ANY OF THE THREE CALENDAR YEARS IMMEDIATELY PRECEDING
 THE APPLICATION, MET ANY OF THE FOLLOWING CRITERIA SHALL NOT BE ELIGIBLE
 S. 4007--A                         111                        A. 3007--A
 
 FOR A CONTRACT FOR THE PROVISION OF SERVICES AVAILABLE UNDER TITLE ELEV-
 EN OF ARTICLE FIVE OF THE SOCIAL SERVICES LAW: (I) CLASSIFIED AS A  POOR
 PERFORMER,  OR  SUBSTANTIALLY  SIMILAR  TERMINOLOGY,  BY THE CENTERS FOR
 MEDICARE  AND  MEDICAID SERVICES; (II) AN EXCESSIVE VOLUME OF PENALTIES,
 STATEMENTS OF FINDINGS, STATEMENTS OF DEFICIENCY, INTERMEDIATE SANCTIONS
 OR  ENFORCEMENT  ACTIONS,  REGARDLESS  OF  WHETHER  THE  APPLICANT   HAS
 ADDRESSED  SUCH  ISSUES  IN  A TIMELY MANNER; OR (III) OTHER CRITERIA AS
 DEEMED APPROPRIATE BY THE COMMISSIONER.
   § 4. The opening paragraph of subparagraph (i)  of  paragraph  (d)  of
 subdivision  6  of  section 4403-f of the public health law, as added by
 section 5 of part MM of chapter 56 of the laws of 2020,  is  amended  to
 read as follows:
   Effective  April  first, two thousand twenty, and expiring March thir-
 ty-first, two thousand [twenty-two] TWENTY-SEVEN, the commissioner shall
 place a moratorium on the processing and approval of applications  seek-
 ing a certificate of authority as a managed long term care plan pursuant
 to  this section, including applications seeking authorization to expand
 an existing managed long term care plan's approved service area or scope
 of eligible enrollee populations. Such moratorium shall not apply to:
   § 5. Section 4403-f of the public health law is amended  by  adding  a
 new subdivision 6-a to read as follows:
   6-A.  PERFORMANCE  STANDARDS AND PROCUREMENT. (A) ON OR BEFORE OCTOBER
 FIRST, TWO THOUSAND TWENTY-FOUR, EACH MANAGED LONG TERM CARE  PLAN  THAT
 HAS  BEEN  ISSUED  A  CERTIFICATE  OF AUTHORITY PURSUANT TO THIS SECTION
 SHALL HAVE DEMONSTRATED EXPERIENCE OPERATING A MANAGED  LONG  TERM  CARE
 PLAN THAT CONTINUOUSLY ENROLLED NO FEWER THAN TWENTY THOUSAND ENROLLEES,
 OR  A  MEDICARE  DUAL  ELIGIBLE SPECIAL NEEDS PLAN THAT HAS CONTINUOUSLY
 ENROLLED NO FEWER THAN FIVE THOUSAND RESIDENTS  OF  THIS  STATE  IN  THE
 IMMEDIATELY  PRECEDING  CALENDAR YEAR, OR AN INTEGRATED MEDICAID PRODUCT
 OFFERED BY THE DEPARTMENT THAT HAS CONTINUOUSLY ENROLLED NO  FEWER  THAN
 FIVE  THOUSAND  RESIDENTS  OF  THIS  STATE  IN THE IMMEDIATELY PRECEDING
 CALENDAR YEAR. IN ADDITION, A MANAGED LONG TERM CARE PLAN  SHALL  SUFFI-
 CIENTLY DEMONSTRATE, IN THE SOLE DISCRETION OF THE COMMISSIONER, SUCCESS
 IN THE FOLLOWING PERFORMANCE CATEGORIES:
   (I) IN ADDITION TO MEETING THE REQUIREMENTS OF PARAGRAPH (J) OF SUBDI-
 VISION SEVEN OF THIS SECTION, COMMITMENT TO CONTRACTING WITH THE MINIMUM
 NUMBER  OF  LICENSED HOME CARE SERVICE AGENCIES NEEDED TO PROVIDE NECES-
 SARY PERSONAL CARE SERVICES TO THE GREATEST PRACTICABLE NUMBER OF ENROL-
 LEES, AND WITH THE MINIMUM NUMBER OF  FISCAL  INTERMEDIARIES  NEEDED  TO
 PROVIDE  NECESSARY CONSUMER DIRECTED PERSONAL ASSISTANCE SERVICES TO THE
 GREATEST PRACTICABLE NUMBER OF  ENROLLEES  IN  ACCORDANCE  WITH  SECTION
 THREE HUNDRED SIXTY-FIVE-F OF THE SOCIAL SERVICES LAW;
   (II)  READINESS  TO  TIMELY  IMPLEMENT AND ADHERE TO MAXIMUM WAIT TIME
 CRITERIA FOR KEY CATEGORIES OF SERVICE IN ACCORDANCE  WITH  LAWS,  RULES
 AND  REGULATIONS  OF THE DEPARTMENT OR THE CENTER FOR MEDICARE AND MEDI-
 CAID SERVICES;
   (III) IMPLEMENTATION OF A COMMUNITY REINVESTMENT PLAN  THAT  HAS  BEEN
 APPROVED  BY THE DEPARTMENT AND COMMITS A PERCENTAGE OF THE MANAGED LONG
 TERM CARE PLAN'S SURPLUS TO HEALTH RELATED SOCIAL  NEEDS  AND  ADVANCING
 HEALTH EQUITY IN THE MANAGED LONG TERM CARE PLAN'S SERVICE AREA;
   (IV) COMMITMENT TO QUALITY IMPROVEMENT;
   (V)  ACCESSIBILITY  AND  GEOGRAPHIC DISTRIBUTION OF NETWORK PROVIDERS,
 TAKING INTO ACCOUNT THE NEEDS  OF  PERSONS  WITH  DISABILITIES  AND  THE
 DIFFERENCES BETWEEN RURAL, SUBURBAN, AND URBAN SETTINGS;
   (VI)  DEMONSTRATED  CULTURAL AND LANGUAGE COMPETENCIES SPECIFIC TO THE
 POPULATION OF PARTICIPANTS;
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   (VII) BREADTH OF SERVICE AREA ACROSS MULTIPLE REGIONS;
   (VIII)  ABILITY  TO  SERVE  ENROLLEES ACROSS THE CONTINUUM OF CARE, AS
 DEMONSTRATED BY THE TYPE AND NUMBER OF PRODUCTS THE  MANAGED  LONG  TERM
 CARE  OPERATES  OR HAS APPLIED TO OPERATE, INCLUDING INTEGRATED CARE FOR
 PARTICIPANTS WHO ARE DUALLY ELIGIBLE  FOR  MEDICAID  AND  MEDICARE,  AND
 THOSE  OPERATED UNDER TITLE ONE-A OF ARTICLE TWENTY-FIVE OF THIS CHAPTER
 AND SECTION THREE HUNDRED SIXTY-NINE-GG OF THE SOCIAL SERVICES LAW;
   (IX) VALUE BASED CARE READINESS AND EXPERIENCE; AND
   (X) SUCH OTHER CRITERIA AS DEEMED APPROPRIATE BY THE COMMISSIONER.
   (B) (I) NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH (A) OF THIS SUBDI-
 VISION, IF NO SOONER THAN OCTOBER FIRST, TWO  THOUSAND  TWENTY-FOUR  THE
 COMMISSIONER  HAS DETERMINED, IN THEIR SOLE DISCRETION, THAT AN INSUFFI-
 CIENT NUMBER OF MANAGED LONG TERM CARE PLANS HAVE  MET  THE  PERFORMANCE
 STANDARDS  SET  FORTH IN PARAGRAPH (A) OF THIS SUBDIVISION, EACH MANAGED
 LONG TERM CARE PLAN THAT HAS BEEN ISSUED A CERTIFICATE OF  AUTHORITY  TO
 COVER A POPULATION OF ENROLLEES ELIGIBLE FOR SERVICES UNDER TITLE XIX OF
 THE  FEDERAL SOCIAL SECURITY ACT SHALL BE REQUIRED TO SUBMIT AN APPLICA-
 TION FOR CONTINUANCE OF ITS CERTIFICATION OF AUTHORITY TO OPERATE  AS  A
 MANAGED  LONG TERM CARE PLAN UNDER THIS SECTION, AND SHALL BE SUBJECT TO
 SELECTION THROUGH A COMPETITIVE BID PROCESS BASED ON PROPOSALS SUBMITTED
 TO THE DEPARTMENT, WHICH COMPETITIVE BID PROCESS MAY  BE  LIMITED  TO  A
 GEOGRAPHIC  OR  OTHER  REASONABLE  BASIS  OF  NEED, AS DETERMINED BY THE
 COMMISSIONER. IN MAKING A DETERMINATION REGARDING THE NEED FOR A COMPET-
 ITIVE BID PROCESS, THE COMMISSIONER SHALL CONSIDER WHETHER  ANY  MANAGED
 LONG  TERM  CARE  PLANS  THAT HAVE NOT MET THE PERFORMANCE STANDARDS ARE
 ENGAGED IN A MERGER, ACQUISITION, OR SIMILAR TRANSACTION WITH A  MANAGED
 LONG TERM CARE PLAN THAT HAS MET THE PERFORMANCE STANDARDS, AS EVIDENCED
 THROUGH  AN EXECUTED DEFINITIVE AGREEMENT BY SUCH MANAGED LONG TERM CARE
 PLANS.
   (II) IN THE EVENT THE COMMISSIONER DETERMINES TO SELECT  MANAGED  LONG
 TERM  CARE PLANS THROUGH A COMPETITIVE BID PROCESS, ANY PROPOSAL SUBMIT-
 TED TO THE DEPARTMENT THROUGH THE COMPETITIVE BID PROCESS SHALL INCLUDE:
   (A) THE CRITERIA SET FORTH IN PARAGRAPH (A) OF THIS SUBDIVISION;
   (B) THE TYPE AND NUMBER OF PRODUCTS THE BIDDER  PROPOSES  TO  OPERATE,
 INCLUDING THOSE PROVIDING INTEGRATED CARE TO INDIVIDUALS DUALLY ELIGIBLE
 FOR  SERVICES  AND  BENEFITS  UNDER  TITLES XVIII AND XIX OF THE FEDERAL
 SOCIAL SECURITY ACT IN CONJUNCTION  WITH  AN  AFFILIATED  MEDICARE  DUAL
 ELIGIBLE SPECIAL NEEDS PLAN; AND
   (C)  THE BIDDER'S COMMITMENT TO OFFERING PLANS IN MULTIPLE REGIONS, AS
 SUCH REGIONS ARE DEFINED BY THE DEPARTMENT, AND IN EVERY COUNTY OF  EACH
 REGION FOR WHICH THEY ARE SUBMITTING A BID.
   (III)  MANAGED LONG TERM CARE PLANS AWARDED UNDER THIS PARAGRAPH SHALL
 BE ENTITLED TO ENTER INTO A CONTRACT WITH THE DEPARTMENT FOR THE PURPOSE
 OF OFFERING MANAGED LONG TERM CARE SERVICES  TO  ENROLLEES  PURSUANT  TO
 THIS SECTION.
   (IV) MANAGED LONG TERM CARE PLANS WHICH SUBMIT A BID THROUGH A COMPET-
 ITIVE  BID  PROCESS AND ARE NOT AWARDED UNDER THIS PARAGRAPH SHALL, UPON
 DIRECTION FROM THE COMMISSIONER, TERMINATE ITS SERVICES  AND  OPERATIONS
 IN  ACCORDANCE WITH THE CONTRACT BETWEEN THE MANAGED LONG TERM CARE PLAN
 AND THE DEPARTMENT, AND  SHALL  BE  ADDITIONALLY  REQUIRED  TO  MAINTAIN
 COVERAGE OF PARTICIPANTS FOR SUCH PERIOD OF TIME AS DETERMINED NECESSARY
 BY  THE COMMISSIONER TO ACHIEVE THE SAFE AND ORDERLY TRANSFER OF PARTIC-
 IPANTS. PARTICIPANTS WHO, AFTER NO LESS THAN SIXTY DAYS NOTICE, HAVE NOT
 SELECTED ANOTHER PLAN WILL BE ASSIGNED TO A MANAGED LONG TERM CARE  PLAN
 OR PLANS, AS DETERMINED BY THE COMMISSIONER.
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   (C)  NOTWITHSTANDING  SECTIONS  ONE  HUNDRED  TWELVE  AND  ONE HUNDRED
 SIXTY-THREE OF THE STATE FINANCE LAW, SECTIONS ONE HUNDRED FORTY-TWO AND
 ONE HUNDRED FORTY-THREE OF THE ECONOMIC DEVELOPMENT LAW, AND  ANY  OTHER
 INCONSISTENT  PROVISION OF LAW, IN THE EVENT THE COMMISSIONER DETERMINES
 TO  PROVIDE  FOR THE SELECTION OF QUALIFIED MANAGED LONG TERM CARE PLANS
 IN ACCORDANCE WITH PARAGRAPH (B) OF THIS SUBDIVISION THROUGH  A  COMPET-
 ITIVE BID PROCESS, SUCH PROCESS SHALL BE BASED ON PROPOSALS SUBMITTED TO
 THE DEPARTMENT; PROVIDED, HOWEVER, THAT:
   (I)  A  PROPOSAL  SUBMITTED  BY  A  MANAGED  LONG TERM CARE PLAN SHALL
 INCLUDE INFORMATION SUFFICIENT TO ALLOW THE COMMISSIONER TO EVALUATE THE
 BIDDER IN ACCORDANCE WITH THE REQUIREMENTS IDENTIFIED IN  PARAGRAPH  (B)
 OF THIS SUBDIVISION.
   (II) IN ADDITION TO THE CRITERIA DESCRIBED IN SUBPARAGRAPH (I) OF THIS
 PARAGRAPH, THE COMMISSIONER SHALL ALSO CONSIDER:
   (A)  THE CORPORATE ORGANIZATION AND STATUS OF THE BIDDER AS A CHARITA-
 BLE CORPORATION UNDER THE NOT-FOR-PROFIT CORPORATION LAW;
   (B) FOR CURRENT OR PREVIOUSLY AUTHORIZED MANAGED CARE PROVIDERS,  PAST
 PERFORMANCE  IN  MEETING  MANAGED  CARE  CONTRACT  OR  FEDERAL  OR STATE
 REQUIREMENTS, AND IF THE COMMISSIONER ISSUED ANY STATEMENTS OF FINDINGS,
 STATEMENTS OF DEFICIENCY, INTERMEDIATE SANCTIONS OR ENFORCEMENT  ACTIONS
 TO  A  BIDDER  FOR  NON-COMPLIANCE  WITH  SUCH REQUIREMENTS, WHETHER THE
 BIDDER ADDRESSED SUCH ISSUES IN A TIMELY MANNER; AND
   (C) ANY OTHER CRITERIA DEEMED APPROPRIATE BY THE COMMISSIONER.
   (III) SUBPARAGRAPHS (I) AND (II) OF THIS PARAGRAPH DESCRIBING PROPOSAL
 CONTENT AND SELECTION CRITERIA REQUIREMENTS SHALL NOT  BE  CONSTRUED  AS
 LIMITING  OR  REQUIRING  THE  COMMISSIONER  TO  EVALUATE SUCH CONTENT OR
 CRITERIA ON A  PASS-FAIL,  SCALE,  OR  OTHER  PARTICULAR  METHODOLOGICAL
 BASIS;  PROVIDED,  HOWEVER, THAT THE COMMISSIONER MUST CONSIDER ALL SUCH
 CONTENT AND CRITERIA USING METHODS DETERMINED  BY  THE  COMMISSIONER  IN
 THEIR  DISCRETION  AND,  AS APPLICABLE, IN CONSULTATION WITH THE COMMIS-
 SIONERS OF THE OFFICE OF MENTAL  HEALTH,  THE  OFFICE  FOR  PEOPLE  WITH
 DEVELOPMENTAL   DISABILITIES,  THE  OFFICE  OF  ADDICTION  SERVICES  AND
 SUPPORTS, AND THE OFFICE OF CHILDREN AND FAMILY SERVICES.
   (IV) NO SOONER  THAN  OCTOBER  FIRST,  TWO  THOUSAND  TWENTY-FOUR  THE
 DEPARTMENT SHALL POST ON ITS WEBSITE:
   (A)  THE  REQUEST  FOR  PROPOSALS  AND  A  DESCRIPTION OF THE PROPOSED
 SERVICES TO BE PROVIDED PURSUANT TO CONTRACTS IN  ACCORDANCE  WITH  THIS
 SUBDIVISION;
   (B)  THE  CRITERIA  ON  WHICH THE DEPARTMENT SHALL DETERMINE QUALIFIED
 BIDDERS AND EVALUATE THEIR APPLICATIONS, INCLUDING ALL CRITERIA  IDENTI-
 FIED IN THIS SUBDIVISION;
   (C) THE MANNER BY WHICH A PROPOSAL MAY BE SUBMITTED, WHICH MAY INCLUDE
 SUBMISSION BY ELECTRONIC MEANS;
   (D)  THE MANNER BY WHICH A MANAGED LONG TERM CARE PLAN MAY CONTINUE TO
 PROVIDE HEALTH AND LONG TERM CARE SERVICES TO ENROLLEES WHO ARE ELIGIBLE
 UNDER TITLE XIX OF THE FEDERAL SOCIAL SECURITY  ACT  PENDING  AWARDS  TO
 MANAGED  LONG TERM CARE PLANS THROUGH A COMPETITIVE BID PROCESS PURSUANT
 TO THIS SUBDIVISION; AND
   (E) UPON AWARD, THE MANAGED LONG TERM CARE PLANS THAT THE COMMISSIONER
 INTENDS TO CONTRACT WITH PURSUANT TO THIS SUBDIVISION, PROVIDED THAT THE
 COMMISSIONER SHALL UPDATE SUCH LIST  TO  INDICATE  THE  FINAL  SLATE  OF
 CONTRACTED MANAGED LONG TERM CARE PLANS.
   (V)  (A)  NO  SOONER  THAN  APRIL  FIRST  TWO THOUSAND TWENTY-SIX, THE
 COMMISSIONER SHALL MAKE AWARDS UNDER THIS SUBDIVISION TO  AT  LEAST  TWO
 MANAGED  LONG  TERM  CARE PLANS IN EACH GEOGRAPHIC REGION DEFINED BY THE
 COMMISSIONER IN THE REQUEST FOR PROPOSALS FOR WHICH AT LEAST TWO MANAGED
 S. 4007--A                         114                        A. 3007--A
 
 LONG  TERM  CARE  PLANS  HAVE  SUBMITTED  A  PROPOSAL,  AND  SHALL  HAVE
 DISCRETION TO OFFER MORE CONTRACTS BASED ON NEED FOR ACCESS.
   (B)  NOTWITHSTANDING  SECTIONS  ONE  HUNDRED  TWELVE  AND  ONE HUNDRED
 SIXTY-THREE OF THE STATE FINANCE LAW, SECTIONS ONE HUNDRED FORTY-TWO AND
 ONE HUNDRED FORTY-THREE OF THE ECONOMIC DEVELOPMENT LAW, AND  ANY  OTHER
 INCONSISTENT  PROVISION  OF  LAW,  MANAGED  LONG TERM CARE PLANS AWARDED
 UNDER THIS SUBDIVISION SHALL BE ENTITLED TO ENTER INTO A  CONTRACT  WITH
 THE  DEPARTMENT  FOR  THE PURPOSE OF PROVIDING HEALTH AND LONG TERM CARE
 SERVICES TO ENROLLEES WHO ARE ELIGIBLE UNDER TITLE XIX  OF  THE  FEDERAL
 SOCIAL  SECURITY  ACT.  SUCH CONTRACTS SHALL RUN FOR A TERM TO BE DETER-
 MINED BY THE COMMISSIONER, WHICH MAY BE RENEWED OR MODIFIED FROM TIME TO
 TIME WITHOUT A NEW REQUEST FOR PROPOSALS,  TO  ENSURE  CONSISTENCY  WITH
 CHANGES  IN  FEDERAL  AND STATE LAWS, REGULATIONS OR POLICIES, INCLUDING
 THE EXPANSION OR REDUCTION OF MEDICAL ASSISTANCE SERVICES  AVAILABLE  TO
 PARTICIPANTS THROUGH A MANAGED LONG TERM CARE PLAN.
   (C) NOTHING IN THIS PARAGRAPH OR OTHER PROVISION OF THIS SECTION SHALL
 BE CONSTRUED TO LIMIT IN ANY WAY THE ABILITY OF THE DEPARTMENT TO TERMI-
 NATE AWARDED CONTRACTS FOR CAUSE, WHICH SHALL INCLUDE BUT NOT BE LIMITED
 TO  ANY  VIOLATION OF THE TERMS OF SUCH CONTRACTS OR VIOLATIONS OF STATE
 OR FEDERAL LAWS AND REGULATIONS AND  ANY  LOSS  OF  NECESSARY  STATE  OR
 FEDERAL FUNDING.
   (D)  NOTWITHSTANDING  SECTIONS  ONE  HUNDRED  TWELVE  AND  ONE HUNDRED
 SIXTY-THREE OF THE STATE FINANCE LAW, SECTIONS ONE HUNDRED FORTY-TWO AND
 ONE HUNDRED FORTY-THREE OF THE ECONOMIC DEVELOPMENT LAW, AND  ANY  OTHER
 INCONSISTENT  PROVISION  OF  LAW, THE DEPARTMENT MAY, IN ACCORDANCE WITH
 THE PROVISIONS OF THIS PARAGRAPH, ISSUE NEW REQUESTS FOR  PROPOSALS  AND
 AWARD  NEW  CONTRACTS FOR TERMS FOLLOWING AN EXISTING TERM OF A CONTRACT
 ENTERED INTO UNDER THIS PARAGRAPH.
   (VI) (A) WITHIN SIXTY DAYS OF THE DEPARTMENT ISSUING THE  REQUEST  FOR
 PROPOSALS,  A  MANAGED  LONG TERM CARE PLAN THAT WAS APPROVED TO PROVIDE
 HEALTH AND LONG TERM CARE SERVICES TO ENROLLEES WHO ARE  ELIGIBLE  UNDER
 TITLE  XIX  OF  THE FEDERAL SOCIAL SECURITY ACT PRIOR TO THE ISSUANCE OF
 THE REQUEST FOR PROPOSALS SHALL SUBMIT ITS INTENTION  TO  COMPLETE  SUCH
 PROPOSAL TO THE DEPARTMENT.
   (B) A MANAGED LONG TERM CARE PLAN THAT: (1) FAILS TO SUBMIT ITS INTENT
 TIMELY,  (2)  INDICATES WITHIN THE SIXTY DAYS ITS INTENT NOT TO COMPLETE
 SUCH A PROPOSAL, OR (3) FAILS TO SUBMIT A PROPOSAL  WITHIN  THE  FURTHER
 TIMEFRAME  SPECIFIED  BY  THE COMMISSIONER IN THE REQUEST FOR PROPOSALS,
 SHALL, UPON DIRECTION FROM THE COMMISSIONER, TERMINATE ITS SERVICES  AND
 OPERATIONS IN ACCORDANCE WITH THE CONTRACT BETWEEN THE MANAGED LONG TERM
 CARE PLAN AND THE DEPARTMENT AND SHALL BE ADDITIONALLY REQUIRED TO MAIN-
 TAIN  COVERAGE OF ENROLLEES FOR SUCH PERIOD OF TIME AS DETERMINED NECES-
 SARY BY THE COMMISSIONER TO ACHIEVE THE SAFE  AND  ORDERLY  TRANSFER  OF
 ENROLLEES.
   (VII)  IF NECESSARY TO ENSURE ACCESS TO A SUFFICIENT NUMBER OF MANAGED
 LONG TERM CARE PLANS ON A GEOGRAPHIC OR OTHER BASIS, INCLUDING A LACK OF
 ADEQUATE AND APPROPRIATE CARE,  LANGUAGE  AND  CULTURAL  COMPETENCE,  OR
 SPECIAL  NEEDS  SERVICES,  THE  COMMISSIONER  MAY  REISSUE A REQUEST FOR
 PROPOSALS AS PROVIDED FOR  UNDER  PARAGRAPH  (B)  OF  THIS  SUBDIVISION,
 PROVIDED, HOWEVER, THAT SUCH REQUEST MAY BE LIMITED TO THE GEOGRAPHIC OR
 OTHER BASIS OF NEED THAT THE REQUEST FOR PROPOSALS SEEKS TO ADDRESS. ANY
 AWARDS  SHALL  BE SUBJECT TO THE REQUIREMENTS OF THIS SECTION, INCLUDING
 THE MINIMUM AND MAXIMUM NUMBER OF AWARDS IN A REGION.
   (D) IN THE EVENT THE COMMISSIONER, IN THEIR  SOLE  DISCRETION  AT  ANY
 TIME ON OR AFTER OCTOBER FIRST, TWO THOUSAND TWENTY-FOUR, DETERMINES NOT
 TO  SELECT  MANAGED LONG TERM CARE PLANS THROUGH A COMPETITIVE BID PROC-
 S. 4007--A                         115                        A. 3007--A
 
 ESS, THE COMMISSIONER SHALL REQUIRE A MANAGED LONG TERM CARE  PLAN  THAT
 HAS NOT MET THE PERFORMANCE STANDARDS SET FORTH IN PARAGRAPH (A) OF THIS
 SUBDIVISION  TO  ESTABLISH  AND IMPLEMENT A PERFORMANCE IMPROVEMENT PLAN
 ACCEPTABLE  TO THE COMMISSIONER. THE DETERMINATION NOT TO SELECT MANAGED
 LONG TERM CARE PLANS THROUGH A COMPETITIVE BID PROCESS AND TO REQUIRE  A
 PERFORMANCE  IMPROVEMENT  PLAN  SHALL NOT PRECLUDE THE COMMISSIONER FROM
 MAKING A LATER DETERMINATION TO SELECT  MANAGED  LONG  TERM  CARE  PLANS
 THROUGH  A  COMPETITIVE BID PROCESS. IN MAKING THE DETERMINATION WHETHER
 TO SELECT THROUGH A COMPETITIVE  BID  PROCESS,  THE  COMMISSIONER  SHALL
 CONSIDER THE STANDARDS SET FORTH IN PARAGRAPH (A) OF THIS SUBDIVISION.
   (E)  THE  COMMISSIONER  SHALL  HAVE  THE AUTHORITY TO PROMULGATE REGU-
 LATIONS, INCLUDING EMERGENCY REGULATIONS, TO EFFECTUATE  THE  PROVISIONS
 OF THIS SUBDIVISION.
   (F)  THE  COMMISSIONER  SHALL  HAVE THE AUTHORITY TO ADD OR MODIFY ALL
 CRITERIA IN THIS SUBDIVISION.
   § 6. Subparagraph (i) of paragraph (g) of  subdivision  7  of  section
 4403-f  of the public health law, as amended by section 1 of part GGG of
 chapter 59 of the laws of 2017, is amended to read as follows:
   (i) Managed long term care plans and demonstrations may enroll  eligi-
 ble  persons  in  the  plan  or  demonstration  upon the completion of a
 comprehensive assessment that shall include, but not be limited  to,  an
 evaluation of the medical, social, cognitive, and environmental needs of
 each  prospective  enrollee  in such program. This assessment shall also
 serve as the basis for the development and provision of  an  appropriate
 plan  of  care  for  the enrollee, INCLUDING APPROPRIATE COMMUNITY-BASED
 REFERRALS. Upon approval of federal waivers pursuant to paragraph (b) of
 this subdivision which require medical assistance recipients who require
 community-based long term care services to enroll in a  plan,  and  upon
 approval  of  the  commissioner,  a  plan may enroll an applicant who is
 currently receiving home and community-based services and  complete  the
 comprehensive  assessment within thirty days of enrollment provided that
 the plan continues to cover transitional care until  such  time  as  the
 assessment is completed.
   §  6-a.  Subparagraph (i) of paragraph (g) of subdivision 7 of section
 4403-f of the public health law, as added by section 65-c of part  A  of
 chapter 57 of the laws of 2006 and relettered by section 20 of part C of
 chapter 58 of the laws of 2007, is amended to read as follows:
   (i)  Managed long term care plans and demonstrations may enroll eligi-
 ble persons in the plan  or  demonstration  upon  the  completion  of  a
 comprehensive  assessment  that shall include, but not be limited to, an
 evaluation of the  medical,  social  and  environmental  needs  of  each
 prospective  enrollee  in such program. This assessment shall also serve
 as the basis for the development and provision of an appropriate plan of
 care for the prospective enrollee, INCLUDING APPROPRIATE COMMUNITY-BASED
 REFERRALS.
   § 7. Subparagraphs (i) and (ii) of paragraph (a) of subdivision 4-a of
 section 365-f of the social services law, as amended  by  section  3  of
 part  G  of  chapter  57  of  the laws of 2019, the opening paragraph of
 subparagraph (i) as amended by section 2 of part PP of chapter 57 of the
 laws of 2022, are amended to read as follows:
   (i) "Fiscal intermediary" means an entity that provides fiscal  inter-
 mediary  services  and  has  a contract for providing such services with
 [the department of health and is selected through the procurement  proc-
 ess described in paragraphs (b), (b-1), (b-2) and (b-3) of this subdivi-
 sion. Eligible applicants for contracts shall be entities that are capa-
 ble  of appropriately providing fiscal intermediary services, performing
 S. 4007--A                         116                        A. 3007--A

 the responsibilities of a fiscal intermediary, and complying  with  this
 section, including but not limited to entities that]:
   (A)  [are  a  service  center for independent living under section one
 thousand one hundred twenty-one  of  the  education  law;  or]  A  LOCAL
 DEPARTMENT OF SOCIAL SERVICES;
   (B)  [have  been established as fiscal intermediaries prior to January
 first, two thousand twelve and have  been  continuously  providing  such
 services  for  eligible individuals under this section.] AN ORGANIZATION
 LICENSED UNDER ARTICLE FORTY-FOUR OF THE PUBLIC HEALTH LAW; OR
   (C) AN ACCOUNTABLE CARE ORGANIZATION CERTIFIED UNDER  ARTICLE  TWENTY-
 NINE-E  OF  THE  PUBLIC  HEALTH  LAW  OR  AN  INTEGRATED DELIVERY SYSTEM
 COMPOSED PRIMARILY OF HEALTH CARE PROVIDERS RECOGNIZED BY THE DEPARTMENT
 AS A PERFORMING PROVIDER SYSTEM UNDER THE DELIVERY SYSTEM REFORM  INCEN-
 TIVE PAYMENT PROGRAM.
   (ii)   Fiscal   intermediary  services  shall  include  the  following
 services, performed on behalf of the consumer to facilitate his  or  her
 role as the employer:
   (A) wage and benefit processing for consumer directed personal assist-
 ants;
   (B) processing all income tax and other required wage withholdings;
   (C)  complying with workers' compensation, disability and unemployment
 requirements;
   (D) maintaining personnel records for each consumer directed  personal
 assistant,  including  time  records  and other documentation needed for
 wages and benefit processing and a copy  of  the  medical  documentation
 required pursuant to regulations established by the commissioner;
   (E) ensuring that the health status of each consumer directed personal
 assistant  is assessed prior to service delivery pursuant to regulations
 issued by the commissioner;
   (F) maintaining records of service authorizations or reauthorizations;
   (G) monitoring the consumer's or, if applicable, the designated repre-
 sentative's continuing ability to fulfill  the  consumer's  responsibil-
 ities under the program and promptly notifying the authorizing entity of
 any  circumstance  that may affect the consumer's or, if applicable, the
 designated representative's ability to fulfill such responsibilities;
   (H) complying with regulations established by the commissioner  speci-
 fying  the  responsibilities of fiscal intermediaries providing services
 under this title; AND
   (I) entering into a department approved  memorandum  of  understanding
 with  the  consumer  that  describes the parties' responsibilities under
 this program[; and
   (J) other related responsibilities which may include, as determined by
 the commissioner, assisting consumers to perform the consumers'  respon-
 sibilities  under  this  section  and department regulations in a manner
 that does not infringe upon the consumer's responsibilities and self-di-
 rection].
   § 8. Paragraph (b) of subdivision 4-a of section 365-f of  the  social
 services  law,  as  amended  by section 4 of part G of chapter 57 of the
 laws of 2019, subparagraph (vi) as amended by section 1 of  part  LL  of
 chapter 57 of the laws of 2021, is amended to read as follows:
   (b) [Notwithstanding any inconsistent provision of section one hundred
 sixty-three  of  the state finance law, or section one hundred forty-two
 of the economic  development  law  the  commissioner  shall  enter  into
 contracts  under  this subdivision with eligible contractors that submit
 an offer for a contract, provided, however, that:
   (i) the department shall post on its website:
 S. 4007--A                         117                        A. 3007--A

   (A) a description of the proposed services to be provided pursuant  to
 contracts in accordance with this subdivision;
   (B)  that  the  selection  of  contractors  shall be based on criteria
 reasonably related to the contractors' ability to provide fiscal  inter-
 mediary  services including but not limited to: ability to appropriately
 serve individuals participating in the program, geographic  distribution
 that  would  ensure  access in rural and underserved areas, demonstrated
 cultural and language competencies specific to the population of consum-
 ers and those of the available  workforce,  ability  to  provide  timely
 consumer  assistance,  experience serving individuals with disabilities,
 the availability of consumer peer support, and  demonstrated  compliance
 with  all  applicable  federal and state laws and regulations, including
 but not limited to those relating to wages and labor;
   (C)  the  manner  by  which  prospective  contractors  may  seek  such
 selection, which may include submission by electronic means;
   (ii)  all  reasonable  and  responsive  offers  that are received from
 prospective contractors in timely  fashion  shall  be  reviewed  by  the
 commissioner;
   (iii)  the  commissioner shall award such contracts to the contractors
 that best meet the criteria for selection and are best suited  to  serve
 the purposes of this section and the needs of consumers;
   (iv)  all entities providing fiscal intermediary services on or before
 April first, two thousand nineteen, shall submit an offer for a contract
 under this section within sixty days after  the  commissioner  publishes
 the  initial  offer  on the department's website. Such entities shall be
 deemed authorized to provide such services unless: (A) the entity  fails
 to  submit  an  offer for a contract under this section within the sixty
 days; or (B) the entity's offer for a contract  under  this  section  is
 denied;
   (v) all decisions made and approaches taken pursuant to this paragraph
 shall  be  documented  in a procurement record as defined in section one
 hundred sixty-three of the state finance law; and
   (vi) the commissioner is authorized to  either  reoffer  contracts  or
 utilize  the  previous  offer,  to  ensure  that  all provisions of this
 section are met.] AS OF JANUARY FIRST, TWO THOUSAND TWENTY-FOUR NO ENTI-
 TY SHALL PROVIDE, DIRECTLY  OR  THROUGH  CONTRACT,  FISCAL  INTERMEDIARY
 SERVICES WITHOUT AN AUTHORIZATION AS A FISCAL INTERMEDIARY ISSUED BY THE
 COMMISSIONER  IN  ACCORDANCE WITH THIS SUBDIVISION. THE COMMISSIONER MAY
 ISSUE  REGULATIONS,  INCLUDING  EMERGENCY  REGULATIONS,  CLARIFYING  THE
 AUTHORIZATION PROCESS, STANDARDS AND TIME FRAMES.
   §  9.  Paragraphs (b-1), (b-2) and (b-3) of subdivision 4-a of section
 365-f of the social services law are REPEALED.
   § 10. Subdivision 4-b of section 365-f of the social services law,  as
 amended  by  section  8  of part G of chapter 57 of the laws of 2019, is
 amended to read as follows:
   4-b. Actions involving the authorization of a fiscal intermediary.
   (a) [The department may terminate  a  fiscal  intermediary's  contract
 under  this section or suspend or limit the fiscal intermediary's rights
 and privileges under the contract upon thirty day's  written  notice  to
 the  fiscal  intermediary,  if  the  commissioner  finds that the fiscal
 intermediary has failed to comply with the provisions of this section or
 regulations promulgated hereunder. The written notice shall include:
   (i) A description of the conduct and the issues related  thereto  that
 have been identified as failure of compliance; and
   (ii)  the  time  frame  of the conduct that fails compliance] A FISCAL
 INTERMEDIARY'S AUTHORIZATION  MAY  BE  REVOKED,  SUSPENDED,  LIMITED  OR
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 ANNULLED  UPON THIRTY DAYS WRITTEN NOTICE TO THE FISCAL INTERMEDIARY, IF
 THE COMMISSIONER FINDS THAT THE FISCAL INTERMEDIARY HAS FAILED TO COMPLY
 WITH THE PROVISIONS OF THIS SUBDIVISION OR REGULATIONS PROMULGATED HERE-
 UNDER.
   (b)  Notwithstanding  the  foregoing, upon determining that the public
 health or safety would be imminently endangered by the continued  opera-
 tion or actions of the fiscal intermediary, the commissioner may [termi-
 nate]   REVOKE,  SUSPEND,  LIMIT  OR  ANNUL  the  fiscal  intermediary's
 [contract or suspend or limit the fiscal intermediary's rights and priv-
 ileges under  the  contract]  AUTHORIZATION  immediately  [upon  written
 notice].
   (c)  All  orders  or  determinations  under  this subdivision shall be
 subject to review as provided in  article  seventy-eight  of  the  civil
 practice law and rules.
   §  11. Paragraph (c) of subdivision 4-d of section 365-f of the social
 services law, as added by section 7 of part G of chapter 57 of the  laws
 of 2019, is amended to read as follows:
   (c)  Where  a  fiscal  intermediary is suspending or ceasing operation
 pursuant to an order under subdivision four-b of this section,  [or  has
 failed  to submit an offer for a contract, or has been denied a contract
 under this section,] all the provisions of this subdivision shall  apply
 except  subparagraph (i) of paragraph (a) of this subdivision, notice of
 which to all parties shall be provided by the department as appropriate.
   § 12. Paragraph (d) of subdivision 4-d of section 365-f of the  social
 services law, as added by section 3 of part LL of chapter 57 of the laws
 of 2021 is REPEALED.
   §  13.    Part  I  of  chapter 57 of the laws of 2022, providing a one
 percent across the board payment increase to all qualifying fee-for-ser-
 vice Medicaid rates, is amended by adding two new sections 1-a  and  1-b
 to read as follows:
   §  1-A.  NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, FOR THE
 STATE FISCAL YEARS BEGINNING APRIL 1,  2023,  AND  THEREAFTER,  MEDICAID
 PAYMENTS  MADE  FOR  THE  OPERATING COMPONENT OF RESIDENTIAL HEALTH CARE
 FACILITIES SERVICES SHALL BE SUBJECT TO A UNIFORM RATE INCREASE OF  FIVE
 PERCENT IN ADDITION TO  THE  INCREASE  CONTAINED  IN  SUBDIVISION  1  OF
 SECTION  1  OF THIS PART, SUBJECT TO THE APPROVAL OF THE COMMISSIONER OF
 THE DEPARTMENT OF HEALTH AND THE  DIRECTOR  OF  THE  BUDGET.  SUCH  RATE
 INCREASE SHALL BE SUBJECT TO FEDERAL FINANCIAL PARTICIPATION.
   §  1-B.  NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, FOR THE
 STATE FISCAL YEARS BEGINNING APRIL 1,  2023,  AND  THEREAFTER,  MEDICAID
 PAYMENTS MADE FOR THE OPERATING COMPONENT OF ASSISTED LIVING PROGRAMS AS
 DEFINED  BY  PARAGRAPH  (A)  OF  SUBDIVISION ONE OF SECTION 461-L OF THE
 SOCIAL SERVICES LAW SHALL BE SUBJECT TO A UNIFORM RATE INCREASE OF  FIVE
 PERCENT  IN  ADDITION  TO  THE INCREASE CONTAINED IN SECTION ONE OF THIS
 PART, SUBJECT TO THE APPROVAL OF THE COMMISSIONER OF THE  DEPARTMENT  OF
 HEALTH  AND  THE  DIRECTOR  OF  THE  BUDGET. SUCH RATE INCREASE SHALL BE
 SUBJECT TO FEDERAL FINANCIAL PARTICIPATION.
   § 14. Paragraphs (d) and (i) of subdivision 1 and subdivisions  2,  4,
 5,  5-a, 6, 6-a, 7, 7-a, 9 and 10 of section 3614-c of the public health
 law, paragraphs (d) and (i) of subdivision 1 and subdivisions 2,  4,  5,
 6,  7,  9  and  10  as  amended and subdivisions 6-a and 7-a as added by
 section 1 and subdivision 5-a as added by section  1-a  of  part  OO  of
 chapter 56 of the laws of 2020, are amended to read as follows:
   (d)  "Home  care  aide"  means a home health aide, personal care aide,
 home  attendant,  [personal  assistant  performing   consumer   directed
 personal  assistance  services  pursuant to section three hundred sixty-
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 five-f of the social services law,]  or  other  licensed  or  unlicensed
 person  whose  primary  responsibility includes the provision of in-home
 assistance with activities of daily living, instrumental  activities  of
 daily  living or health-related tasks; provided, however, that home care
 aide does not include any individual (i) working on a casual  basis,  or
 (ii) [(except for a person employed under the consumer directed personal
 assistance  program  under  section  three  hundred  sixty-five-f of the
 social services law)] who is  a  relative  through  blood,  marriage  or
 adoption  of: (1) the employer; or (2) the person for whom the worker is
 delivering services, under a program funded or administered by  federal,
 state or local government.
   [(i) "Fiscal intermediary" means a fiscal intermediary in the consumer
 directed  personal assistance program under section three hundred sixty-
 five-f of the social services law.]
   2. Notwithstanding any inconsistent provision of law,  rule  or  regu-
 lation,  no  payments  by government agencies shall be made to certified
 home health agencies, long term home health care programs, managed  care
 plans,  [fiscal  intermediaries,] the nursing home transition and diver-
 sion waiver program under section three hundred sixty-six of the  social
 services law, or the traumatic brain injury waiver program under section
 twenty-seven  hundred  forty  of  this  chapter  for any episode of care
 furnished, in whole or in part, by any home care aide who is compensated
 at amounts less than the applicable minimum rate of home care aide total
 compensation established pursuant to this section.
   4. The terms of this section shall apply equally to services  provided
 by  home  care aides who work on episodes of care as direct employees of
 certified home health agencies, long term home health care programs,  or
 managed care plans, or as employees of licensed home care services agen-
 cies,  limited licensed home care services agencies, [or fiscal interme-
 diaries,] or under any other arrangement.
   5. No payments by government agencies shall be made to certified  home
 health  agencies,  licensed  home care services agencies, long term home
 health care programs, managed care plans,  [fiscal  intermediaries]  for
 any  episode  of care without the certified home health agency, licensed
 home care services agency,  long  term  home  health  care  program,  OR
 managed  care  plan [or the fiscal intermediary], having delivered prior
 written certification to the commissioner annually, at a time prescribed
 by the commissioner, on forms prepared by the department in consultation
 with the department of labor, that  all  services  provided  under  each
 episode  of  care  during the period covered by the certification are in
 full compliance with the terms  of  this  section  and  any  regulations
 promulgated  pursuant to this section and that no portion of the dollars
 spent or to be spent to satisfy the wage or benefit portion  under  this
 section  shall be returned to the certified home health agency, licensed
 home care services agency,  long  term  home  health  care  program,  OR
 managed  care  plan,  [or fiscal intermediary,] related persons or enti-
 ties, other than to a home care aide as defined in this section to  whom
 the  wage  or benefits are due, as a refund, dividend, profit, or in any
 other manner.  Such written certification shall  also  verify  that  the
 certified  home  health  agency,  long term home health care program, or
 managed care plan has received from  the  licensed  home  care  services
 agency,  [fiscal intermediary,] or other third party an annual statement
 of wage parity hours and expenses on a form provided by  the  department
 of  labor  accompanied  by  an independently-audited financial statement
 verifying such expenses.
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   5-a. No portion of the dollars spent or to be  spent  to  satisfy  the
 wage  or  benefit  portion  under  this section shall be returned to the
 certified home health agency, licensed home care services  agency,  long
 term home health care program, OR managed care plan, [or fiscal interme-
 diary,]  related  persons or entities, other than to a home care aide as
 defined in this section to whom the wage  or  benefits  are  due,  as  a
 refund, dividend, profit, or in any other manner.
   6.  If  a  certified  home  health  agency, long term home health care
 program or managed care plan elects to provide home care  aide  services
 through  contracts  with  licensed  home care services agencies, [fiscal
 intermediaries,] or through  other  third  parties,  provided  that  the
 episode  of  care on which the home care aide works is covered under the
 terms of this section, the certified home health agency, long term  home
 health  care  program,  or  managed  care  plan  shall  include  in  its
 contracts, a requirement that it be  provided  with  a  written  certif-
 ication,  verified by oath, from the licensed home care services agency,
 [fiscal intermediary,] or other third party, on forms  prepared  by  the
 department  in  consultation with the department of labor, which attests
 to the licensed home care services agency's, [fiscal intermediary's,] or
 other third party's compliance with the  terms  of  this  section.  Such
 contracts  shall  also  obligate the licensed home care services agency,
 [fiscal intermediary,] or other third party  to  provide  the  certified
 home  health agency, long term home health care program, or managed care
 plan all information  from  the  licensed  home  care  services  agency,
 [fiscal  intermediary]  or other third party necessary to verify compli-
 ance with the terms of this  section,  which  shall  include  an  annual
 compliance  statement  of  wage  parity  hours  and  expenses  on a form
 provided by the department of labor accompanied by an  independently-au-
 dited  financial  statement  verifying such expenses. Such annual state-
 ments shall be available no less than annually for the previous calendar
 year, at a time as prescribed by the commissioner.  Such certifications,
 the information necessary to verify compliance, and the  annual  compli-
 ance  statement and financial statements shall be retained by all certi-
 fied home health agencies, long  term  home  health  care  programs,  or
 managed  care  plans,  and  all  licensed  home  care services agencies,
 [fiscal intermediaries,] or other third parties for a period of no  less
 than  ten  years, and made available to the department upon request. Any
 licensed home care services  agency,  [fiscal  intermediary,]  or  other
 third  party  who  shall  upon  oath verify any statement required to be
 transmitted under this section and any regulations promulgated  pursuant
 to this section which is known by such party to be false shall be guilty
 of perjury and punishable as provided by the penal law.
   6-a.  The  certified  home  health  agency, long term home health care
 program, or managed care plan shall review and assess the annual compli-
 ance statement of wage parity hours and  expenses  and  make  a  written
 referral  to  the department of labor for any reasonably suspected fail-
 ures of licensed home care services agencies,  [fiscal  intermediaries,]
 or  third  parties  to  conform  to the wage parity requirements of this
 section.
   7. The commissioner shall distribute  to  all  certified  home  health
 agencies,  long  term home health care programs, managed care plans, AND
 licensed home care services agencies[, and fiscal intermediaries]  offi-
 cial notice of the minimum rates of home care aide compensation at least
 one hundred twenty days prior to the effective date of each minimum rate
 for each social services district covered by the terms of this section.
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   7-a.  Any  certified  home  health agency, licensed home care services
 agency, long term home health  care  program,  managed  care  plan,  [or
 fiscal intermediary,] or other third party that willfully pays less than
 such stipulated minimums regarding wages and supplements, as established
 in  this  section,  shall be guilty of a misdemeanor and upon conviction
 shall be punished, for a first offense by a fine of five hundred dollars
 or by imprisonment for not more than thirty days, or by  both  fine  and
 imprisonment;  for  a  second offense by a fine of one thousand dollars,
 and in addition thereto the contract on which the violation has occurred
 shall be forfeited; and no such person or corporation shall be  entitled
 to receive any sum nor shall any officer, agent or employee of the state
 pay  the  same  or authorize its payment from the funds under his or her
 charge or control to any person or corporation for work  done  upon  any
 contract,  on which the certified home health agency, licensed home care
 services agency, long term home health care program, managed care  plan,
 [or  fiscal  intermediary,] or other third party has been convicted of a
 second offense in violation of the provisions of this section.
   9. Nothing in this section should be construed as  applicable  to  any
 service  provided  by certified home health agencies, licensed home care
 services agencies, long term home health care programs, or managed  care
 plans[,  or fiscal intermediaries] except for all episodes of care reim-
 bursed in whole or in part by the New York Medicaid program.
   10. No certified home health agency, managed care plan, or  long  term
 home  health  care program shall be liable for recoupment of payments or
 any other penalty under this section for  services  provided  through  a
 licensed  home  care  services  agency,  [fiscal intermediary,] or other
 third party with which the certified home health agency, long term  home
 health  care  program,  or  managed care plan has a contract because the
 licensed agency, [fiscal intermediary,] or other third party  failed  to
 comply  with the provisions of this section if the certified home health
 agency, long term home health care program, or  managed  care  plan  has
 reasonably  and  in good faith collected certifications and all informa-
 tion required pursuant to this section and conducts the  monitoring  and
 reporting required by this section.
   §  15.  Subdivision  1  of section 3614-f of the public health law, as
 added by section 1 of part XX of chapter 56 of  the  laws  of  2022,  is
 amended to read as follows:
   1.  For  the purpose of this section, "home care aide" shall [have the
 same meaning as defined in section thirty-six hundred fourteen-c of this
 article] MEAN A HOME HEALTH AIDE, PERSONAL CARE  AIDE,  HOME  ATTENDANT,
 PERSONAL  ASSISTANT  PERFORMING  CONSUMER  DIRECTED  PERSONAL ASSISTANCE
 SERVICES PURSUANT TO SECTION THREE HUNDRED SIXTY-FIVE-F  OF  THE  SOCIAL
 SERVICES  LAW,  OR  OTHER  LICENSED  OR  UNLICENSED PERSON WHOSE PRIMARY
 RESPONSIBILITY INCLUDES THE PROVISIONS OF IN-HOME ASSISTANCE WITH ACTIV-
 ITIES OF DAILY  LIVING,  INSTRUMENTAL  ACTIVITIES  OF  DAILY  LIVING  OR
 HEALTH-RELATED  TASKS;  PROVIDED,  HOWEVER, THAT HOME CARE AIDE DOES NOT
 INCLUDE ANY INDIVIDUAL (I) WORKING ON A CASUAL BASIS,  OR  (II)  (EXPECT
 FOR  A  PERSON  EMPLOYED UNDER THE CONSUMER DIRECTED PERSONAL ASSISTANCE
 PROGRAM UNDER SECTION THREE HUNDRED SIXTY-FIVE-F OF THE SOCIAL  SERVICES
 LAW)  WHO  IS A RELATIVE THROUGH BLOOD, MARRIAGE OR ADOPTION OF: (1) THE
 EMPLOYER; OR (2) THE PERSON WHOM  THE  WORKER  IS  DELIVERING  SERVICES,
 UNDER  A  PROGRAM  FUNDED  OR  ADMINISTERED  BY  FEDERAL, STATE OR LOCAL
 GOVERNMENT.
   § 16. The public health law is amended by adding a new section  3614-g
 to read as follows:
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   §  3614-G. STATE SUPPLEMENTAL PREMIUM ASSISTANCE FOR CONSUMER DIRECTED
 PERSONAL ASSISTANTS.
   1.  STATE  SUPPLEMENTAL ASSISTANCE FOR THE PAYMENT OF QUALIFIED HEALTH
 PLAN PREMIUMS SHALL BE AVAILABLE  TO  A  PERSONAL  ASSISTANT  PERFORMING
 CONSUMER DIRECTED PERSONAL ASSISTANCE SERVICES PURSUANT TO SECTION THREE
 HUNDRED  SIXTY-FIVE-F  OF  THE  SOCIAL  SERVICES LAW, PROVIDED THAT SUCH
 PERSONAL ASSISTANT:
   (A) ATTESTS ON THE NY STATE OF  HEALTH  MARKETPLACE  APPLICATION  THAT
 THEY  ARE  PROVIDING  SUCH  SERVICES  ON  A FULL-TIME BASIS OR PART-TIME
 BASIS, AS DEFINED IN APPLICABLE REGULATION,
   (B) IS ELIGIBLE FOR FEDERAL PREMIUM TAX CREDITS  PURSUANT  TO  SECTION
 36B(B)(3)(A) OF THE INTERNAL REVENUE CODE,
   (C)  IS   NOT   OTHERWISE   ELIGIBLE  FOR COMPREHENSIVE COVERAGE UNDER
 TITLE 11 OR 11-D  OF ARTICLE FIVE OF THE SOCIAL SERVICES LAW; AND
   (D) IS ENROLLED IN A  QUALIFIED  HEALTH  PLAN  DEFINED  IN  42  U.S.C.
 18021(A),  CERTIFIED  BY  THE NY STATE OF HEALTH MARKETPLACE, WHICH DOES
 NOT INCLUDE A CATASTROPHIC PLAN DESCRIBED IN 42 U.S.C. 18022(E).
   2. THE AMOUNT OF THE SUPPLEMENTAL PREMIUM ASSISTANCE SHALL BE EQUAL TO
 AT LEAST THE CONTRIBUTION FOR THE BENCHMARK SILVER QUALIFIED HEALTH PLAN
 AVAILABLE IN SUCH PERSONAL ASSISTANT'S COUNTY OF  RESIDENCE,  AND  SHALL
 ACCOUNT FOR THE FULL-TIME OR PART-TIME STATUS OF THE PERSONAL ASSISTANT.
 PERSONAL ASSISTANTS WORKING PART-TIME SHALL BE ELIGIBLE FOR A MINIMUM OF
 ONE-HALF OF THE STATE SUPPLEMENTAL PREMIUM CREDIT AVAILABLE FOR PERSONAL
 ASSISTANTS  WORKING FULL-TIME. SUCH CREDIT SHALL BE PAID DIRECTLY TO THE
 QUALIFIED HEALTH PLAN ISSUER. ANY SUBSIDIES PROVIDED  PURSUANT  TO  THIS
 SECTION  SHALL BE IN ACCORDANCE WITH A SCHEDULE OR METHODOLOGY PUBLISHED
 BY THE COMMISSIONER, WHICH MAY BE BASED ON A SLIDING SCALE  IN  RELATION
 TO THE HOUSEHOLD INCOME OF THE PERSONAL ASSISTANT, OR SUCH OTHER METHOD-
 OLOGY AS THE COMMISSIONER DEEMS APPROPRIATE.
   3.  APPLICANTS  FOR  COVERAGE THROUGH THE NY STATE MARKETPLACE WHO ARE
 NEWLY ELIGIBLE FOR SUPPLEMENTAL  PREMIUM  ASSISTANCE  PURSUANT  TO  THIS
 SECTION SHALL BE ELIGIBLE FOR A SPECIAL ENROLLMENT PERIOD THROUGH THE NY
 STATE OF HEALTH MARKETPLACE.
   4. THE COMMISSIONER SHALL SUBMIT SUCH APPLICATIONS TO THE SECRETARY OF
 THE DEPARTMENT OF HEALTH AND HUMAN SERVICES OR TREASURY AS MAY BE NECES-
 SARY TO RECEIVE FEDERAL FINANCIAL PARTICIPATION IN THE COSTS OF PAYMENTS
 MADE  PURSUANT  TO THIS SECTION; PROVIDED FURTHER, HOWEVER, THAT NOTHING
 IN THIS SECTION SHALL BE DEEMED TO  AFFECT  THE  PAYMENT  OF  THE  STATE
 SUPPLEMENTAL  PREMIUM  ASSISTANCE  PURSUANT  TO APPLICABLE LAW AND REGU-
 LATION IF FEDERAL FINANCIAL PARTICIPATION IN THE COSTS OF SUCH  PAYMENTS
 IS NOT AVAILABLE.
   5.  FISCAL  INTERMEDIARIES AND PERSONAL ASSISTANTS UNDER SECTION THREE
 HUNDRED SIXTY-FIVE-F OF THE SOCIAL SERVICES LAW  SHALL  BE  REQUIRED  TO
 PROVIDE  SUCH  INFORMATION  AS  IS  NECESSARY FOR THE IMPLEMENTATION AND
 OPERATION OF THIS SECTION. THE DEPARTMENT SHALL  SPECIFY  THE  FREQUENCY
 AND FORMAT OF SUCH REPORTING AND DETERMINE THE TYPE AND AMOUNT OF INFOR-
 MATION TO BE SUBMITTED, INCLUDING ANY SUPPORTING DOCUMENTATION.
   6.  THE  COMMISSIONER  SHALL  PROMULGATE ANY RULES AND REGULATIONS AND
 TAKE SUCH STEPS AS MAY BE NECESSARY FOR THE IMPLEMENTATION AND OPERATION
 OF THIS SECTION.
   § 17. The state finance  law  is  amended  by  adding  a  new  section
 97-bbbbb to read as follows:
   §  97-BBBBB.  CDPAP  SUPPLEMENTAL  PREMIUM ASSISTANCE FUND.   1. CDPAP
 SUPPLEMENTAL PREMIUM ASSISTANCE FUND. THERE IS HEREBY ESTABLISHED IN THE
 JOINT CUSTODY OF THE STATE COMPTROLLER AND THE COMMISSIONER OF  TAXATION
 S. 4007--A                         123                        A. 3007--A
 
 AND FINANCE A SPECIAL FUND TO BE KNOWN AS THE "CDPAP SUPPLEMENTAL PREMI-
 UM ASSISTANCE FUND".
   2.  SUCH  FUND SHALL BE KEPT SEPARATE AND SHALL NOT BE COMMINGLED WITH
 ANY OTHER FUNDS IN THE CUSTODY OF THE STATE COMPTROLLER AND THE  COMMIS-
 SIONER OF TAXATION AND FINANCE.
   3.  SUCH  FUND  SHALL CONSIST OF MONEYS APPROPRIATED FOR STATE SUPPLE-
 MENTAL PREMIUM ASSISTANCE FOR  THE  PAYMENT  OF  QUALIFIED  HEALTH  PLAN
 PREMIUM  OF  ELIGIBLE  ENROLLEES  PERFORMING  CONSUMER DIRECTED PERSONAL
 ASSISTANCE SERVICES, IN ACCORDANCE WITH SECTION THIRTY-SIX HUNDRED FOUR-
 TEEN-G OF THE SOCIAL SERVICES LAW, OR TRANSFERRED TO SUCH ACCOUNT PURSU-
 ANT TO APPLICABLE LAW.
   4. THE MONEYS, WHEN ALLOCATED IN ACCORDANCE  WITH  SECTION  THIRTY-SIX
 HUNDRED  FOURTEEN-G OF THE SOCIAL SERVICES LAW, SHALL BE PAID OUT OF THE
 FUND TO QUALIFIED HEALTH PLANS ON BEHALF OF ELIGIBLE ENROLLEES.
   § 18. This  act  shall take effect immediately and shall be deemed  to
 have been in full force and effect on and after April 1, 2023; provided,
 however, that:
   (a)  the amendments to section 4403-f of the public health law made by
 sections two through six-a of this act shall not affect  the  repeal  of
 such section and shall be deemed repealed therewith;
   (b) the amendments to subparagraph (i) of paragraph (g) of subdivision
 7 of section 4403-f of the public health law made by section six of this
 act  shall  be  subject to the expiration and reversion of such subpara-
 graph pursuant to subdivision (i) of section 111 of part H of chapter 59
 of the laws of 2011, as amended, when upon such date the  provisions  of
 section six-a of this act shall take effect;
   (c)  sections  fourteen, sixteen, and seventeen of this act shall take
 effect on and after the first of January next  succeeding  the  date  of
 enactment  of a state supplemental premium assistance program in accord-
 ance with sections sixteen and seventeen  of  this  act,  takes  effect;
 provided,  however,  such  sections  fourteen, sixteen, and seventeen of
 this act shall  take  effect  no  earlier  than  January  1,  2025;  and
 provided,  further, the commissioner of health shall notify the legisla-
 tive bill drafting commission upon the occurrence of  the  establishment
 of  such state supplemental premium assistance program in order that the
 commission may maintain an accurate and timely effective  data  base  of
 the official text of the laws of the state of New York in furtherance of
 effecting  the  provisions  of  section  44  of  the legislative law and
 section 70-b of the public officers law; and
   (d) effective immediately, the commissioner of health shall promulgate
 any rules and regulations and take such steps, including  requiring  the
 submission  of  reports  or  surveys  by fiscal intermediaries under the
 consumer directed personal assistance program, as may be  necessary  for
 the timely implementation of this act on or before such effective date.
 
                                  PART J
 
   Section  1.  Subsection (a) of section 3224-a of the insurance law, as
 amended by chapter 237 of the laws  of  2009,  is  amended  to  read  as
 follows:
   (a)  Except  in a case where the obligation of an insurer or an organ-
 ization or corporation licensed or certified pursuant to article  forty-
 three or forty-seven of this chapter or article forty-four of the public
 health  law to pay a claim submitted by a policyholder or person covered
 under such policy ("covered person") or make a payment to a health  care
 provider  is  not  reasonably clear, or when there is a reasonable basis
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 supported by specific information available for  review  by  the  super-
 intendent  that such claim or bill for health care services rendered was
 submitted fraudulently, such  insurer  or  organization  or  corporation
 shall  pay  the  claim  to  a  policyholder  or covered person or make a
 payment to a health care provider within thirty days  of  receipt  of  a
 claim  or  bill  for  THE  services rendered that is transmitted via the
 internet or electronic mail[,] or forty-five days of receipt of a  claim
 or  bill for services rendered that is submitted by other means, such as
 paper or facsimile.
   (1) WHERE THE OBLIGATION OF AN INSURER OR AN  ORGANIZATION  OR  CORPO-
 RATION  LICENSED  OR CERTIFIED PURSUANT TO ARTICLE FORTY-THREE OR FORTY-
 SEVEN OF THIS CHAPTER OR ARTICLE FORTY-FOUR OF THE PUBLIC HEALTH LAW  TO
 PAY  SUCH  A  CLAIM  IS  CLEAR,  EXCEPT FOR THE DESIRE OF THE INSURER OR
 ORGANIZATION OR CORPORATION TO REVIEW CLINICAL DOCUMENTATION OR, TO  THE
 EXTENT  AGREED  UPON  BY  A  HOSPITAL AND THE INSURER OR ORGANIZATION OR
 CORPORATION, ELECTRONIC MEDICAL RECORDS, TO CONFIRM THE MEDICAL NECESSI-
 TY OF EMERGENCY SERVICES OR INPATIENT SERVICES  FOLLOWING  AN  EMERGENCY
 DEPARTMENT    VISIT  PROVIDED  BY  A  HOSPITAL  THAT PARTICIPATES IN THE
 NETWORK OF THE INSURER OR ORGANIZATION OR  CORPORATION,  WHICH  INCLUDES
 WHETHER  THE  SERVICES PROVIDED WERE EMERGENCY SERVICES OR THAT THE SITE
 OF SERVICE OR LEVEL OF CARE BILLED  WAS  APPROPRIATE  FOR  THE  SERVICES
 PROVIDED, THE INSURER OR ORGANIZATION OR CORPORATION SHALL PAY THE CLAIM
 AT  THE CONTRACTED RATE FOR THE SERVICES AND SITE BILLED BY THE HOSPITAL
 WITHIN THE TIMEFRAMES SET FORTH IN THIS  SUBSECTION.    THE  INSURER  OR
 ORGANIZATION OR CORPORATION MAY, WITHIN THIRTY DAYS OF PAYING THE CLAIM,
 REQUEST  THAT  THE  HOSPITAL  SUBMIT  TO  THE INSURER OR ORGANIZATION OR
 CORPORATION ONLY THE CLINICAL DOCUMENTATION OR,  TO  THE  EXTENT  AGREED
 UPON  BY  THE  HOSPITAL  AND THE INSURER OR ORGANIZATION OR CORPORATION,
 ELECTRONIC MEDICAL RECORDS, NECESSARY TO CONFIRM THE  MEDICAL  NECESSITY
 OF  THE  EMERGENCY SERVICES OR INPATIENT SERVICES FOLLOWING AN EMERGENCY
 DEPARTMENT VISIT PROVIDED BY THE HOSPITAL, WHICH  INCLUDES  WHETHER  THE
 SERVICES  PROVIDED  BY  THE HOSPITAL WERE EMERGENCY SERVICES OR THAT THE
 SITE OF SERVICE OR LEVEL OF CARE BILLED WAS APPROPRIATE FOR THE SERVICES
 PROVIDED. THE HOSPITAL SHALL PROVIDE THE CLINICAL DOCUMENTATION  TO  THE
 INSURER  OR  ORGANIZATION  OR  CORPORATION WITHIN FORTY-FIVE DAYS OF ITS
 REQUEST.
   (2) UNLESS OTHERWISE AGREED UPON BY THE HOSPITAL AND  THE  INSURER  OR
 ORGANIZATION  OR  CORPORATION, AN INSURER OR ORGANIZATION OR CORPORATION
 MAY SUBMIT A CLAIM, WITHIN  NINETY  DAYS  OF  RECEIPT  OF  THE  CLINICAL
 DOCUMENTATION FROM THE HOSPITAL, TO A JOINT COMMITTEE COMPOSED OF CLINI-
 CIANS  FROM  THE INSURER OR ORGANIZATION OR CORPORATION AND THE HOSPITAL
 FOR A POST-PAYMENT AUDIT. IF THE  HOSPITAL  FAILS  TO  PROVIDE  CLINICAL
 DOCUMENTATION  TO  THE  INSURER  OR  ORGANIZATION  OR CORPORATION WITHIN
 FORTY-FIVE DAYS OF THE REQUEST, THE INSURER OR  ORGANIZATION  OR  CORPO-
 RATION  MAY  SUBMIT  THE  CLAIM TO THE JOINT COMMITTEE FOR REVIEW WITHIN
 NINETY DAYS AFTER THE END  OF  THE  FORTY-FIVE  DAY  PERIOD.  THE  JOINT
 COMMITTEE  SHALL MEET AT LEAST QUARTERLY TO REVIEW SUCH CLAIMS.  NOTHING
 HEREIN SHALL REQUIRE THE JOINT COMMITTEE TO BE REGISTERED AS A  UTILIZA-
 TION  REVIEW  AGENT UNDER ARTICLE FORTY-NINE OF THE PUBLIC HEALTH LAW OR
 FILE A UTILIZATION REVIEW REPORT UNDER ARTICLE FORTY-NINE OF THIS  CHAP-
 TER.
   (3) WITHIN NINETY DAYS OF THE JOINT COMMITTEE'S RECEIPT OF THE REQUEST
 TO  REVIEW THE CLAIM FROM AN INSURER OR ORGANIZATION OR CORPORATION, THE
 JOINT COMMITTEE SHALL REQUEST THE CLINICAL DOCUMENTATION FROM THE HOSPI-
 TAL, REVIEW THE CLAIM AND INFORMATION SUBMITTED BY THE PARTIES, AND MAKE
 A JOINT DETERMINATION AS  TO  THE  MEDICAL  NECESSITY  OF  THE  SERVICES
 S. 4007--A                         125                        A. 3007--A
 
 PROVIDED, WHICH INCLUDES WHETHER THE SERVICES WERE EMERGENCY SERVICES OR
 THAT THE SITE OF SERVICE OR LEVEL OF CARE BILLED WAS APPROPRIATE FOR THE
 SERVICES;  PROVIDED, HOWEVER, THE INSURER OR ORGANIZATION OR CORPORATION
 AND  HOSPITAL  MAY AGREE TO MEET MORE FREQUENTLY THAN EVERY NINETY DAYS,
 SO LONG AS SUCH FREQUENCY DOES NOT REQUIRE THE JOINT COMMITTEE  TO  MEET
 MORE  FREQUENTLY  THAN  EVERY  THIRTY  DAYS.  FAILURE BY THE HOSPITAL TO
 PROVIDE THE CLINICAL DOCUMENTATION TO THE JOINT COMMITTEE  WITHIN  SIXTY
 DAYS  OF  REQUEST,  OR AN ALTERNATIVE TIMEFRAME AS MAY BE AGREED UPON BY
 ALL PARTIES, SHALL RESULT IN A FINAL  DETERMINATION  THAT  THE  SERVICES
 WERE  NOT MEDICALLY NECESSARY BY THE JOINT COMMITTEE, WHICH SHALL NOT BE
 SUBJECT TO REVIEW UNDER ARTICLE FORTY-NINE OF THIS CHAPTER  AND  ARTICLE
 FORTY-NINE OF THE PUBLIC HEALTH LAW.
   (A)  IN  THE  EVENT A JOINT DETERMINATION CANNOT BE AGREED UPON WITHIN
 THE NINETY-DAY PERIOD, THE HOSPITAL OR INSURER OR ORGANIZATION OR CORPO-
 RATION MAY REFER THE CLAIM TO A MUTUALLY AGREED UPON INDEPENDENT  THIRD-
 PARTY  REVIEW  AGENT WITHIN FIVE BUSINESS DAYS FROM THE END OF THE NINE-
 TY-DAY PERIOD, FOR A DETERMINATION. THE DETERMINATION OF THE INDEPENDENT
 THIRD-PARTY REVIEW AGENT SHALL BE BINDING.
   (B) THE HOSPITAL AND THE INSURER OR ORGANIZATION OR CORPORATION  SHALL
 DESIGNATE  ONE  OR  MORE  MUTUALLY  AGREED  UPON INDEPENDENT THIRD-PARTY
 REVIEW AGENTS IN THE PARTICIPATING PROVIDER AGREEMENT. IF  THE  HOSPITAL
 AND  THE  INSURER  OR  ORGANIZATION  OR  CORPORATION ARE UNABLE TO REACH
 AGREEMENT IN THE PARTICIPATING PROVIDER AGREEMENT ON ONE OR  MORE  INDE-
 PENDENT  THIRD-PARTY  REVIEW AGENTS, THEN THE INSURER OR ORGANIZATION OR
 CORPORATION MAY SELECT AN INDEPENDENT THIRD-PARTY REVIEW AGENT THAT  HAS
 BEEN CERTIFIED  BY THE SUPERINTENDENT AS AN EXTERNAL APPEAL AGENT PURSU-
 ANT  TO  ARTICLE FORTY-NINE OF THIS CHAPTER OR AS AN INDEPENDENT DISPUTE
 RESOLUTION ENTITY PURSUANT TO ARTICLE SIX OF THE FINANCIAL SERVICES LAW.
 IF THE INDEPENDENT THIRD-PARTY REVIEW AGENT DETERMINES THAT THE SERVICES
 PROVIDED WERE NOT MEDICALLY NECESSARY, IN WHOLE OR IN PART, THE  INSURER
 OR  CORPORATION OR ORGANIZATION MAY RECOUP, OFFSET, OR OTHERWISE REQUIRE
 THE HOSPITAL TO REFUND ANY OVERPAYMENT RESULTING FROM ITS  DETERMINATION
 CONSISTENT  WITH  SUBSECTION  (B)  OF SECTION THREE THOUSAND TWO HUNDRED
 TWENTY-FOUR-B OF THIS ARTICLE WITHIN THIRTY DAYS.  THE INSURER OR ORGAN-
 IZATION OR CORPORATION SHALL PROVIDE WRITTEN NOTIFICATION TO THE  HOSPI-
 TAL OF SUCH RECOUP OR OFFSET, WHICH SHALL INCLUDE: (I) THE CLAIM NUMBER;
 (II)  THE  AMOUNT  OF  THE  OVERPAYMENT; AND (III) THE DATE OF THE JOINT
 COMMITTEE DETERMINATION.
   (C) DURING THE ENTIRETY OF THE REVIEW PROCESS, THE HOSPITAL SHALL PEND
 THE IMPOSITION OF ANY COPAYMENT, COINSURANCE OR  DEDUCTIBLE  UNTIL  SUCH
 TIME  AS  THERE  IS  A FINAL DETERMINATION AS TO WHETHER THE SERVICES IN
 QUESTION WERE MEDICALLY NECESSARY. THE HOSPITAL MAY THEREAFTER BILL  THE
 INSURED  FOR  THE AMOUNT OF THE COPAYMENT, COINSURANCE OR DEDUCTIBLE FOR
 SERVICES DETERMINED TO BE MEDICALLY NECESSARY AND SHALL HOLD THE INSURED
 HARMLESS FOR ANY OTHER AMOUNTS, INCLUDING AMOUNTS  FOR  SERVICES  DETER-
 MINED TO BE NOT MEDICALLY NECESSARY.
   (4) NOTHING IN THIS SUBSECTION SHALL IN ANY WAY BE DEEMED TO LIMIT THE
 ABILITY  OF  INSURERS  OR ORGANIZATIONS OR CORPORATIONS AND HOSPITALS TO
 AGREE TO ESTABLISH PARAMETERS FOR REFERRAL OR REVIEW OF MEDICAL RECORDS,
 INCLUDING WHILE THE INSURED IS IN  THE  HOSPITAL,  OR  FOR  INSURERS  OR
 ORGANIZATIONS  OR  CORPORATIONS TO REQUIRE PREAUTHORIZATION FOR SERVICES
 THAT ARE NOT EMERGENCY SERVICES.
   (5) FOR PURPOSES OF THIS SUBSECTION, "HOSPITAL" SHALL MEAN  A  GENERAL
 HOSPITAL  AS  DEFINED  IN  SECTION TWO THOUSAND EIGHT HUNDRED ONE OF THE
 PUBLIC HEALTH LAW AND RURAL EMERGENCY HOSPITALS AS  DEFINED  BY  42  USC
 1395X(KKK).
 S. 4007--A                         126                        A. 3007--A
 
   (6)  NOTHING IN THIS SUBSECTION SHALL PRECLUDE AN INSURER OR ORGANIZA-
 TION OR CORPORATION AND A HOSPITAL FROM AGREEING TO OTHER DISPUTE RESOL-
 UTION MECHANISMS, PROVIDED THAT THE PARTIES MAY NOT NEGOTIATE  AWAY  THE
 REQUIREMENT  THAT  THE  INSURER  OR  ORGANIZATION OR CORPORATION PAY THE
 CLAIM  AS  BILLED  BY  THE  HOSPITAL  PRIOR  TO REVIEWING SUCH CLAIM FOR
 MEDICAL NECESSITY. WHEN A HOSPITAL AND AN  INSURER  OR  ORGANIZATION  OR
 CORPORATION ARE PARTIES TO A PARTICIPATING PROVIDER AGREEMENT APPLICABLE
 TO  THE INPATIENT HOSPITAL ADMISSION BEING REVIEWED BY THE JOINT COMMIT-
 TEE, THE DEFINITION OF MEDICAL NECESSITY SET FORTH IN SUCH PARTICIPATING
 PROVIDER AGREEMENT SHALL APPLY FOR PURPOSES OF JOINT COMMITTEE AND INDE-
 PENDENT THIRD-PARTY REVIEW.
   § 2. Subsection (b) of section 3224-a of the insurance law, as amended
 by chapter 694 of the laws of 2021, is amended to read as follows:
   (b) In a case where the obligation of an insurer or an organization or
 corporation licensed or certified pursuant  to  article  forty-three  or
 forty-seven  of  this chapter or article forty-four of the public health
 law to pay a claim or make a payment for health care  services  rendered
 is not reasonably clear due to a good faith dispute regarding the eligi-
 bility  of  a  person  for coverage, the liability of another insurer or
 corporation or organization for all or part of the claim, the amount  of
 the  claim,  the  benefits covered under a contract or agreement, or the
 manner in which services were accessed or provided, an insurer or organ-
 ization or corporation shall pay any undisputed portion of the claim  in
 accordance  with  this  subsection  and notify the policyholder, covered
 person or health care provider in writing, and through the  internet  or
 other electronic means for claims submitted in that manner, within thir-
 ty calendar days of the receipt of the claim:
   (1) whether the claim or bill has been denied or partially approved;
   (2) which claim or medical payment that it is not obligated to pay THE
 CLAIM, stating the specific reasons why it is not liable; and
   (3)  to request all additional information needed to determine liabil-
 ity to pay the claim or make the health care payment; and
   (4) of the specific type  of  plan  or  product  the  policyholder  or
 covered  person  is  enrolled  in; provided that nothing in this section
 shall authorize discrimination based on the source of payment.
   Upon receipt of the information requested in paragraph three  of  this
 subsection  or  an  appeal  of  a claim or bill for health care services
 denied pursuant to this subsection, an insurer or organization or corpo-
 ration licensed or certified pursuant to article forty-three  or  forty-
 seven  of  this  chapter  or article forty-four of the public health law
 shall comply with subsection (a) of this section; provided, that if  the
 insurer or organization or corporation licensed or certified pursuant to
 article forty-three or forty-seven of this chapter or article forty-four
 of  the  public health law determines that payment or additional payment
 is due on [the] A claim[,] AS A RESULT OF AN INTERNAL OR EXTERNAL APPEAL
 DETERMINATION MADE PURSUANT TO SECTION FOUR THOUSAND NINE  HUNDRED  FOUR
 OR TITLE TWO OF ARTICLE FORTY-NINE OF THIS CHAPTER OR SECTION FOUR THOU-
 SAND  NINE HUNDRED FOUR OR TITLE TWO OF ARTICLE FORTY-NINE OF THE PUBLIC
 HEALTH LAW, such payment shall be made to the  policyholder  or  covered
 person or health care provider within fifteen days of the determination.
 Any  denial  or  partial  approval  of claim or payment and the specific
 reasons for such denial or partial approval pursuant to this  subsection
 shall be prominently displayed on a written notice with at least twelve-
 point  type.  A  partial approval of claim or payment shall state at the
 top of such written notice  with  at  least  fourteen-point  type  bold:
 "NOTICE  OF  PARTIAL APPROVAL OF MEDICAL COVERAGE". A denial of claim or
 S. 4007--A                         127                        A. 3007--A
 
 payment shall state at the top of such  written  notice  with  at  least
 fourteen-point  type  bold:  "NOTICE OF DENIAL OF MEDICAL COVERAGE". Any
 additional terms or  conditions  included  on  such  notice  of  partial
 approval  or  such  notice  of  denial,  such as but not limited to time
 restraints to file an appeal, shall be included with  at  least  twelve-
 point type.
   §  3.  Paragraphs  4  and 5 of subsection (b) of section 3224-b of the
 insurance law are renumbered paragraphs 6 and 7 and two new paragraphs 4
 and 5 are added to read as follows:
   (4) A REVIEW OR AUDIT OF CLAIMS BY OR ON BEHALF OF A HEALTH PLAN SHALL
 NOT REVERSE OR OTHERWISE ALTER A MEDICAL NECESSITY DETERMINATION,  WHICH
 INCLUDES,  A  SITE  OF  SERVICE OR LEVEL OF CARE DETERMINATION MADE BY A
 UTILIZATION REVIEW AGENT OR EXTERNAL APPEAL AGENT  PURSUANT  TO  ARTICLE
 FORTY-NINE  OF  THIS  CHAPTER OR ARTICLE FORTY-NINE OF THE PUBLIC HEALTH
 LAW.
   (5) A REVIEW OR AUDIT OF CLAIMS BY OR ON BEHALF OF A HEALTH PLAN SHALL
 NOT DOWNGRADE THE CODING OF A CLAIM IF IT HAS THE EFFECT OF REVERSING OR
 ALTERING A MEDICAL NECESSITY DETERMINATION, WHICH INCLUDES, A  LEVEL  OF
 CARE  DETERMINATION  MADE  BY  OR ON BEHALF OF THE HEALTH PLAN; PROVIDED
 HOWEVER, THAT NOTHING IN THIS PARAGRAPH  SHALL  LIMIT  A  HEALTH  PLAN'S
 ABILITY TO REVIEW OR AUDIT CLAIMS FOR FRAUD, WASTE OR ABUSE.
   §  4.  The  opening paragraph of subsection (c) of section 4904 of the
 insurance law, as amended by section 18 of part YY of chapter 56 of  the
 laws of 2020, is amended to read as follows:
   A  utilization  review agent shall establish a standard appeal process
 which includes procedures for appeals to be filed in writing or by tele-
 phone. A utilization review agent must establish a  period  of  no  less
 than forty-five days after receipt of notification by the insured of the
 initial  utilization  review  determination and receipt of all necessary
 information to file the appeal from said determination. The  utilization
 review  agent  must  provide written acknowledgment of the filing of the
 appeal to the appealing party within fifteen days  of  such  filing  and
 shall  make a determination with regard to the appeal within thirty days
 of the receipt of necessary information to conduct the appeal and,  upon
 overturning the adverse decision, shall comply with subsection [(a)] (B)
 of  section  three thousand two hundred twenty-four-a of this chapter as
 applicable. The utilization review agent shall notify the  insured,  the
 insured's  designee  and,  where  appropriate, the insured's health care
 provider, in writing of the appeal  determination  within  two  business
 days of the rendering of such determination.
   §  5.  The  opening  paragraph of subdivision 3 of section 4904 of the
 public health law, as amended by section 17 of part YY of chapter 56  of
 the laws of 2020, is amended to read as follows:
   A  utilization  review agent shall establish a standard appeal process
 which includes procedures for appeals to be filed in writing or by tele-
 phone. A utilization review agent must establish a  period  of  no  less
 than  forty-five  days  after receipt of notification by the enrollee of
 the initial utilization review determination and receipt of  all  neces-
 sary  information to file the appeal from said determination. The utili-
 zation review agent must provide written acknowledgment of the filing of
 the appeal to the appealing party within fifteen days of such filing and
 shall make a determination with regard to the appeal within thirty  days
 of  the receipt of necessary information to conduct the appeal and, upon
 overturning the adverse  determination,  shall  comply  with  subsection
 [(a)]  (B)  of  section  three thousand two hundred twenty-four-a of the
 insurance law as applicable. The utilization review agent  shall  notify
 S. 4007--A                         128                        A. 3007--A
 
 the  enrollee,  the  enrollee's  designee  and,  where  appropriate, the
 enrollee's health care provider, in writing, of the appeal determination
 within two business days of the rendering  of  such  determination.  The
 notice of the appeal determination shall include:
   §  6.  Nothing  in this act shall limit the authority of the office of
 the medicaid inspector general, the department of health, or  the  state
 from  conducting  oversight  activities,  audits,  recovering  funds and
 imposing penalties in accordance with  any  relevant  rule,  regulation,
 provision of law or contract.
   § 7. This act shall take effect January 1, 2024.
 
                                  PART K
 
   Section 1.  Subparagraphs 1 and 2 of paragraph (e) of subdivision 1 of
 section  366 of the social services law, as added by section 1 of part D
 of chapter 56 of the laws of 2013, clause (iii)  of  subparagraph  2  as
 amended  by  chapter  477  of  the  laws of 2022, are amended to read as
 follows:
   (1) is an inmate or patient in  an  institution  or  facility  wherein
 medical  assistance  may  not  be provided in accordance with applicable
 federal or state requirements, except for persons described in  subpara-
 graph  ten  of paragraph (c) of this subdivision or subdivision one-a or
 subdivision one-b of  this  section;  OR  EXCEPT  FOR  CERTAIN  SERVICES
 PROVIDED  TO PERSONS IN A CORRECTIONAL INSTITUTION OR FACILITY PERMITTED
 BY A WAIVER AUTHORIZED PURSUANT TO SECTION ELEVEN HUNDRED FIFTEEN OF THE
 FEDERAL SOCIAL SECURITY ACT; IF, SO LONG AS, AND TO THE  EXTENT  FEDERAL
 FINANCIAL  PARTICIPATION  IS  AVAILABLE  FOR  SUCH EXPENDITURES PROVIDED
 PURSUANT TO SUCH WAIVER; or
   (2) is a patient in a public institution operated  primarily  for  the
 treatment  of  tuberculosis  or  care of the mentally disabled, with the
 exception of: (i) a person sixty-five  years  of  age  or  older  and  a
 patient in any such institution; (ii) a person under twenty-one years of
 age  and  receiving in-patient psychiatric services in a public institu-
 tion operated primarily for the care of the mentally disabled;  (iii)  a
 patient in a public institution operated primarily for the care of indi-
 viduals with developmental disabilities who is receiving medical care or
 treatment in that part of such institution that has been approved pursu-
 ant  to law as a hospital or nursing home; (iv) a patient in an institu-
 tion operated by the state department of  mental  hygiene,  while  under
 care  in  a hospital on release from such institution for the purpose of
 receiving care in such hospital; [or] (v) is  a  person  residing  in  a
 community  residence  or  a  residential care center for adults; OR (VI)
 CERTAIN SERVICES PROVIDED  TO  PERSONS  IN  AN  INSTITUTION  FOR  MENTAL
 DISEASES  PERMITTED  BY  A  WAIVER AUTHORIZED PURSUANT TO SECTION ELEVEN
 HUNDRED FIFTEEN OF THE FEDERAL SOCIAL SECURITY ACT; IF, SO LONG AS,  AND
 TO  THE  EXTENT  FEDERAL  FINANCIAL  PARTICIPATION IS AVAILABLE FOR SUCH
 EXPENDITURES PROVIDED PURSUANT TO SUCH WAIVER.
   § 2.  This act shall take effect immediately and shall  be  deemed  to
 have been in full force and effect on and after April 1, 2023.
 
                                  PART L
 
   Section  1.  Section  3241 of the insurance law is amended by adding a
 new subsection (d) to read as follows:
   (D)(1) FOR PURPOSES OF THIS SUBSECTION:
 S. 4007--A                         129                        A. 3007--A
 
   (A) "FREE-STANDING AMBULATORY SURGICAL CENTER" SHALL MEAN A DIAGNOSTIC
 AND TREATMENT CENTER AUTHORIZED PURSUANT TO ARTICLE TWENTY-EIGHT OF  THE
 PUBLIC HEALTH LAW AND OPERATED INDEPENDENTLY FROM A HOSPITAL.
   (B)  "HEALTH CARE PLAN" SHALL MEAN AN INSURER, A CORPORATION ORGANIZED
 PURSUANT TO ARTICLE FORTY-THREE OF THIS CHAPTER,  A  HEALTH  MAINTENANCE
 ORGANIZATION  CERTIFIED  PURSUANT  TO  ARTICLE  FORTY-FOUR OF THE PUBLIC
 HEALTH LAW, A MUNICIPAL COOPERATIVE HEALTH BENEFIT PLAN CERTIFIED PURSU-
 ANT TO ARTICLE FORTY-SEVEN OF THIS CHAPTER, AND A  STUDENT  HEALTH  PLAN
 ESTABLISHED  OR  MAINTAINED PURSUANT TO SECTION ONE THOUSAND ONE HUNDRED
 TWENTY-FOUR OF THIS CHAPTER, THAT ISSUES A HEALTH  INSURANCE  POLICY  OR
 CONTRACT  OR  THAT  ARRANGES  FOR  CARE AND SERVICES FOR MEMBERS UNDER A
 CONTRACT WITH THE DEPARTMENT OF HEALTH WITH A  NETWORK  OF  HEALTH  CARE
 PROVIDERS  AND UTILIZES SITE OF SERVICE REVIEW TO DETERMINE COVERAGE FOR
 SERVICES DELIVERED BY PARTICIPATING PROVIDERS.
   (C) "HOSPITAL-BASED OUTPATIENT CLINIC" SHALL MEAN A CLINIC  AUTHORIZED
 PURSUANT  TO ARTICLE TWENTY-EIGHT OF THE PUBLIC HEALTH LAW AND LISTED ON
 A HOSPITAL'S OPERATING CERTIFICATE.
   (D) "SITE OF SERVICE REVIEW" SHALL MEAN CRITERIA APPLIED BY  A  HEALTH
 CARE  PLAN  FOR  PURPOSES  OF  DETERMINING  WHETHER  A PROCEDURE WILL BE
 COVERED FOR A GIVEN INSURED OR  ENROLLEE  WHEN  RENDERED  BY  A  NETWORK
 PROVIDER AT A HOSPITAL-BASED OUTPATIENT CLINIC RATHER THAN A FREE-STAND-
 ING AMBULATORY SURGICAL CENTER.
   (2)  SITE  OF  SERVICE  REVIEW  SHALL  BE DEEMED UTILIZATION REVIEW IN
 ACCORDANCE WITH AND SUBJECT TO THE REQUIREMENTS AND PROTECTIONS OF ARTI-
 CLE FORTY-NINE OF THIS CHAPTER AND  ARTICLE  FORTY-NINE  OF  THE  PUBLIC
 HEALTH  LAW,  INCLUDING  THE  RIGHT  TO  INTERNAL AND EXTERNAL APPEAL OF
 DENIALS RELATED TO SITE OF SERVICE.
   (3) SITE OF SERVICE REVIEW SHALL PRIORITIZE PATIENT HEALTH AND SAFETY,
 PATIENT CHOICE OF HEALTH CARE PROVIDER, AND ACCESS TO CARE AND SHALL NOT
 BE BASED SOLELY ON COST.
   (4) A HEALTH CARE PLAN SHALL HAVE  ADEQUATE  FREE-STANDING  AMBULATORY
 SURGICAL  CENTER  PROVIDERS  TO  MEET  THE  HEALTH NEEDS OF INSUREDS AND
 ENROLLEES AND TO PROVIDE AN APPROPRIATE CHOICE OF  PROVIDERS  SUFFICIENT
 TO RENDER THE SERVICES COVERED UNDER THE POLICY OR CONTRACT.
   (5)  EXCEPT  AS PROVIDED IN PARAGRAPH SIX OF THIS SUBSECTION, STARTING
 JANUARY FIRST, TWO  THOUSAND  TWENTY-FOUR,  A  HEALTH  CARE  PLAN  SHALL
 PROVIDE  NOTICE  DISCLOSING  AND  CLEARLY EXPLAINING THE SITE OF SERVICE
 REVIEW TO:
   (A) POLICYHOLDERS,  CONTRACT  HOLDERS,  INSUREDS,  AND  ENROLLEES  AND
 PROSPECTIVE  POLICYHOLDERS, CONTRACT HOLDERS, INSUREDS, AND ENROLLEES AT
 THE TIME OF PLAN AND POLICY OR CONTRACT SELECTION. THIS DISCLOSURE SHALL
 INCLUDE A STATEMENT THAT SITE OF SERVICE REVIEW MAY LIMIT  THE  SETTINGS
 IN  WHICH  SERVICES COVERED UNDER THE POLICY OR CONTRACT MAY BE PROVIDED
 AND RENDER A PARTICIPATING PROVIDER UNABLE  TO  PERFORM  A  SERVICE  AND
 SHALL  DISCLOSE  TO  INSUREDS OR ENROLLEES ANY QUALITY OR COST DIFFEREN-
 TIAL, INCLUDING DIFFERENCES IN OUT-OF-POCKET COSTS, BETWEEN  THE  HOSPI-
 TAL-BASED  OUTPATIENT  CLINIC  AND THE FREE-STANDING AMBULATORY SURGICAL
 CENTER  WHEN  SERVICES  AT  A  HOSPITAL-BASED  OUTPATIENT   CLINIC   ARE
 REQUESTED,  OR  AT  ANY  OTHER  TIME  UPON  THE  INSURED'S OR ENROLLEE'S
 REQUEST. PROVIDER DIRECTORIES SHALL ALSO INDICATE WHEN HEALTH CARE  PLAN
 SITE  OF  SERVICE  REVIEW  MAY  LIMIT THE SCOPE OF SERVICES THAT WILL BE
 COVERED WHEN DELIVERED BY A PARTICIPATING PROVIDER;
   (B) PARTICIPATING PROVIDERS AT LEAST NINETY DAYS PRIOR TO  IMPLEMENTA-
 TION.  A HEALTH CARE PLAN SHALL ALSO INFORM PROVIDERS OF THE PROCESS FOR
 REQUESTING  COVERAGE  OF A SERVICE IN A HOSPITAL-BASED OUTPATIENT CLINIC
 S. 4007--A                         130                        A. 3007--A
 
 SETTING, INCLUDING THE RIGHT TO REQUEST A REAL  TIME  CLINICAL  PEER  TO
 PEER DISCUSSION AS PART OF THE AUTHORIZATION PROCESS; AND
   (C)  THE  SUPERINTENDENT  AND,  AS  APPLICABLE, TO THE COMMISSIONER OF
 HEALTH, AT LEAST  FORTY-FIVE  DAYS  PRIOR  TO  NOTIFYING  POLICYHOLDERS,
 CONTRACT  HOLDERS, INSUREDS AND ENROLLEES AND PROSPECTIVE POLICYHOLDERS,
 CONTRACT HOLDERS, INSUREDS AND ENROLLEES AND PARTICIPATING PROVIDERS  IN
 ACCORDANCE  WITH THIS SUBSECTION. SUCH NOTICE TO THE SUPERINTENDENT AND,
 AS APPLICABLE, TO THE COMMISSIONER OF HEALTH, SHALL INCLUDE DRAFT COMMU-
 NICATIONS TO THE FOREGOING PERSONS FOR PURPOSES OF COMPLYING  WITH  THIS
 SUBSECTION.
   (6)  A  HEALTH  CARE  PLAN THAT HAS IMPLEMENTED SITE OF SERVICE REVIEW
 PRIOR TO JANUARY FIRST,  TWO  THOUSAND  TWENTY-FOUR  SHALL  PROVIDE  THE
 DISCLOSURES SET FORTH IN PARAGRAPH FIVE OF THIS SUBSECTION AT THE BEGIN-
 NING OF THE OPEN ENROLLMENT PERIOD FOR INDIVIDUAL HEALTH INSURANCE POLI-
 CIES  AND  CONTRACTS,  AND  FOR  GROUP  HEALTH  INSURANCE  POLICIES  AND
 CONTRACTS, PRIOR TO ISSUANCE, RENEWAL, OR JANUARY  FIRST,  TWO  THOUSAND
 TWENTY-FOUR, WHICHEVER IS EARLIER.
   (7)  STARTING JANUARY FIRST, TWO THOUSAND TWENTY-FOUR, AT A MINIMUM, A
 HEALTH CARE PLAN SHALL APPROVE A SERVICE COVERED  UNDER  THE  POLICY  OR
 CONTRACT AND REQUESTED TO BE PERFORMED BY A NETWORK PROVIDER AT A HOSPI-
 TAL-BASED OUTPATIENT CLINIC IN THE FOLLOWING SITUATIONS:
   (A)  THE PROCEDURE CANNOT BE SAFELY PERFORMED IN A FREE-STANDING AMBU-
 LATORY SURGICAL CENTER DUE TO THE INSURED'S OR ENROLLEE'S HEALTH  CONDI-
 TION OR THE HEALTH CARE SERVICES;
   (B)  THERE  IS NOT SUFFICIENT FREE-STANDING AMBULATORY SURGICAL CENTER
 CAPACITY IN THE INSURED'S OR ENROLLEE'S GEOGRAPHIC AREA; OR
   (C) THE PROVISION OF HEALTH CARE SERVICES AT A FREE-STANDING AMBULATO-
 RY SURGICAL CENTER WOULD RESULT IN UNDUE DELAY.
   (8) STARTING JANUARY FIRST, TWO THOUSAND TWENTY-FOUR, SITE OF  SERVICE
 CLINICAL  REVIEW CRITERIA DEVELOPED BY HEALTH CARE PLANS SHALL ALSO TAKE
 INTO CONSIDERATION WHETHER:
   (A) THE INSURED'S OR ENROLLEE'S IN-NETWORK TREATING  PHYSICIAN  RECOM-
 MENDS  THAT THE SERVICE BE PROVIDED AT A HOSPITAL-BASED OUTPATIENT CLIN-
 IC;
   (B) THE INSURED'S IN-NETWORK TREATING PHYSICIAN IS NOT CREDENTIALED OR
 DOES NOT HAVE PRIVILEGES AT A FREE-STANDING AMBULATORY SURGICAL  CENTER;
 OR
   (C)  THE  INSURED  HAS  AN ESTABLISHED RELATIONSHIP WITH AN IN-NETWORK
 TREATING PHYSICIAN WHO PERFORMS THE REQUESTED  SERVICE  IN  A  HOSPITAL-
 BASED OUTPATIENT CLINIC.
   § 2. This act shall take effect April 1, 2023.
 
                                  PART M
 
   Section  1.  Subdivision 3 of section 2801-a of the public health law,
 as amended by section 57 of part A of chapter 58 of the laws of 2010, is
 amended to read as follows:
   3. The public health and health planning council shall not  approve  a
 certificate  of  incorporation,  articles of organization or application
 for establishment unless it is satisfied, insofar as applicable,  as  to
 (a) the public need for the existence of the institution at the time and
 place  and  under the circumstances proposed, provided, however, that in
 the case of an institution proposed to be established or operated by  an
 organization  defined in subdivision one of section one hundred seventy-
 two-a of the executive law, the needs of the members  of  the  religious
 denomination  concerned,  for care or treatment in accordance with their
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 religious or ethical convictions, shall be deemed to be public need; (b)
 the character,  competence,  and  standing  in  the  community,  of  the
 proposed  incorporators,  directors, sponsors, stockholders, members, or
 operators; with respect to any proposed incorporator, director, sponsor,
 stockholder, member, or operator who is already or within the past [ten]
 SEVEN years [has] been an incorporator, director, sponsor, member, prin-
 cipal  stockholder,  principal  member,  or  operator OF any hospital OR
 OTHER HEALTH-RELATED OR LONG-TERM  CARE  FACILITY,  PROGRAM  OR  AGENCY,
 INCLUDING BUT NOT LIMITED TO, private proprietary home for adults, resi-
 dence  for  adults,  or  non-profit home for the aged or blind which has
 been issued an operating certificate by the state department  of  social
 services,  or  a  halfway house, hostel or other residential facility or
 institution for the care, custody or treatment of the mentally  disabled
 which  is  subject  to  approval by the department of mental hygiene, no
 approval shall be granted unless the public health and  health  planning
 council,  having  afforded  an adequate opportunity to members of health
 systems agencies, if any, having geographical jurisdiction of  the  area
 where  the institution is to be located to be heard, shall affirmatively
 find by substantial evidence as to  each  such  incorporator,  director,
 sponsor,  MEMBER,  principal  stockholder, PRINCIPAL MEMBER, or operator
 that a substantially consistent high level of care is being or was being
 rendered in each such hospital, home, residence, halfway house,  hostel,
 or other residential facility or institution [with] IN which such person
 is  or  was  affiliated;  for the purposes of this paragraph, the public
 health and health planning council shall adopt  rules  and  regulations,
 subject  to  the approval of the commissioner, to establish the criteria
 to be used to determine whether a substantially consistent high level of
 care has been rendered, provided, however, that there  shall  not  be  a
 finding  that  a  substantially  consistent  high level of care has been
 rendered where there have been violations of the state hospital code, or
 other applicable rules and regulations, that (i) threatened to  directly
 affect  the  health,  safety  or welfare of any patient or resident, and
 (ii) were recurrent or were not promptly corrected;  (c)  the  financial
 resources  of  the proposed institution and its sources of future reven-
 ues; and (d) such other matters as it shall deem pertinent.
   § 2. Paragraphs (b) and (c) of subdivision 4 of section 2801-a of  the
 public  health  law, as amended by section 57 of part A of chapter 58 of
 the laws of 2010, are amended to read as follows:
   (b) [(i)] Any  transfer,  assignment  or  other  disposition  of  [ten
 percent  or  more  of]  an  interest,  STOCK, or voting rights in a SOLE
 PROPRIETORSHIP, partnership [or], limited liability company,  OR  CORPO-
 RATION  which is the operator of a hospital [to a new partner or member]
 OR ANY TRANSFER, ASSIGNMENT OR OTHER DISPOSITION WHICH  RESULTS  IN  THE
 OWNERSHIP  OR  CONTROL  OF  AN INTEREST, STOCK, OR VOTING RIGHTS IN THAT
 OPERATOR, shall be approved by the public  health  and  health  planning
 council,  in  accordance  with the provisions of subdivisions two [and],
 three, AND THREE-B of this section, except that: [(A)  any  such  change
 shall be subject to the approval by the public]
   (I)  PUBLIC  health and health planning council APPROVAL in accordance
 with paragraph (b) of [subdivision] SUBDIVISIONS three  AND  THREE-B  of
 this  section SHALL BE REQUIRED only with respect to [the new partner or
 member, and]  any  [remaining  partners  or  members]  PERSON,  PARTNER,
 MEMBER,  OR  STOCKHOLDER who [have] HAS not been previously approved for
 that [facility] OPERATOR in accordance with  such  [paragraph,  and  (B)
 such] PARAGRAPHS.
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   (II)  SUCH  change  shall not be subject to THE PUBLIC NEED ASSESSMENT
 DESCRIBED IN paragraph (a) of subdivision three of this section.
   [(ii)  With]  (III)  NO PRIOR APPROVAL OF THE PUBLIC HEALTH AND HEALTH
 PLANNING COUNCIL SHALL BE REQUIRED WITH respect to a  transfer,  assign-
 ment  or  disposition  [involving less than ten percent of], DIRECTLY OR
 INDIRECTLY, OF:  (A) an interest, STOCK, or voting rights OF  LESS  THAN
 TEN PERCENT in [such partnership or limited liability company] THE OPER-
 ATOR, to [a new] ANY PERSON, partner [or], member, [no prior approval of
 the  public  health  and  health  planning council shall be required] OR
 STOCKHOLDER WHO HAS NOT BEEN PREVIOUSLY APPROVED BY  THE  PUBLIC  HEALTH
 AND  HEALTH  PLANNING  COUNCIL,  OR  ITS  PREDECESSOR FOR THAT OPERATOR.
 However, no such transaction shall be effective unless at  least  ninety
 days  prior  to the intended effective date thereof, the [partnership or
 limited liability company] OPERATOR fully completes and files  with  the
 public health and health planning council notice on a form, to be devel-
 oped  by  the  public  health  and  health planning council, which shall
 disclose such information as may reasonably be necessary FOR THE DEPART-
 MENT TO RECOMMEND AND for the public health and health planning  council
 to  determine  whether  it  should  bar  the  transaction for any of the
 reasons set forth in item [(A), (B), (C) or (D)] ONE, TWO, THREE OR FOUR
 below, AND HAS FULLY RESPONDED TO ANY REQUEST FOR ADDITIONAL INFORMATION
 BY THE DEPARTMENT ACTING ON BEHALF OF THE PUBLIC HEALTH AND HEALTH PLAN-
 NING COUNCIL DURING THE REVIEW PERIOD. SUCH TRANSACTION  WILL  BE  FINAL
 UPON  COMPLETION  OF  THE  REVIEW  PERIOD, WHICH SHALL BE NO LONGER THAN
 NINETY DAYS FROM THE DATE THE DEPARTMENT RECEIVES A COMPLETE RESPONSE TO
 ITS FINAL REQUEST FOR ADDITIONAL INFORMATION, UNLESS, PRIOR THERETO, THE
 PUBLIC HEALTH AND HEALTH PLANNING COUNCIL HAS NOTIFIED EACH PARTY TO THE
 PROPOSED TRANSACTION THAT IT HAS  BARRED  SUCH  TRANSACTIONS.    [Within
 ninety  days  from  the  date of receipt of such notice, the] THE public
 health and health planning council may bar, any transaction  under  this
 subparagraph:  [(A)] (1) if the equity position of the partnership [or],
 limited liability company, OR CORPORATION THAT OPERATES A  HOSPITAL  FOR
 PROFIT,  determined  in  accordance  with  generally accepted accounting
 principles, would be reduced as a result of the transfer, assignment  or
 disposition;  [(B)] (2) if the transaction would result in the ownership
 of a partnership or membership interest OR STOCK by any persons who have
 been convicted of a felony described  in  subdivision  five  of  section
 twenty-eight hundred six of this article; [(C)] (3) if there are reason-
 able  grounds  to believe that the proposed transaction does not satisfy
 the character and competence criteria set forth in subdivision three  OR
 THREE-B  of this section; or [(D)] (4) if the transaction, together with
 all transactions  under  this  subparagraph  for  the  [partnership,  or
 successor,]  OPERATOR  during  any five year period would, in the aggre-
 gate, involve twenty-five percent or more of the interest in the  [part-
 nership]  OPERATOR.  The public health and health planning council shall
 state specific reasons for barring any transaction under  this  subpara-
 graph and shall so notify each party to the proposed transaction[.]; OR
   [(iii)  With  respect to a transfer, assignment or disposition of] (B)
 an interest, STOCK, or voting rights [in  such  partnership  or  limited
 liability  company]  to  any  [remaining]  PERSON, partner [or], member,
 [which transaction involves the withdrawal of the  transferor  from  the
 partnership  or  limited  liability  company,  no  prior approval of the
 public health and health planning council shall be required]  OR  STOCK-
 HOLDER,  PREVIOUSLY  APPROVED  BY  THE PUBLIC HEALTH AND HEALTH PLANNING
 COUNCIL, OR ITS PREDECESSOR, FOR THAT OPERATOR.  However, no such trans-
 action shall be effective unless at  least  ninety  days  prior  to  the
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 intended  effective  date thereof, the [partnership or limited liability
 company] OPERATOR fully completes and files with the public  health  and
 health  planning council notice on a form, to be developed by the public
 health  and  health planning council, which shall disclose such informa-
 tion as may reasonably be necessary FOR THE DEPARTMENT TO RECOMMEND  AND
 for  the  public health and health planning council to determine whether
 it should bar the transaction for the reason set forth  below,  AND  HAS
 FULLY RESPONDED TO ANY REQUEST FOR ADDITIONAL INFORMATION BY THE DEPART-
 MENT  ACTING  ON BEHALF OF THE PUBLIC HEALTH AND HEALTH PLANNING COUNCIL
 DURING THE REVIEW PERIOD. SUCH TRANSACTION WILL BE FINAL UPON COMPLETION
 OF THE REVIEW PERIOD, WHICH SHALL BE NO LONGER THAN NINETY DAYS FROM THE
 DATE THE DEPARTMENT RECEIVES A COMPLETE RESPONSE TO  ITS  FINAL  REQUEST
 FOR ADDITIONAL INFORMATION, UNLESS, PRIOR THERETO, THE PUBLIC HEALTH AND
 HEALTH  PLANNING  COUNCIL HAS NOTIFIED EACH PARTY TO THE PROPOSED TRANS-
 ACTION THAT IT HAS BARRED SUCH TRANSACTIONS.  [Within ninety  days  from
 the  date  of  receipt of such notice, the] THE public health and health
 planning council may bar any transaction under this subparagraph if  the
 equity position of the [partnership or limited liability company] OPERA-
 TOR, determined in accordance with generally accepted accounting princi-
 ples, would be reduced as a result of the transfer, assignment or dispo-
 sition.  The  public  health  and  health  planning  council shall state
 specific reasons for barring any transaction under this subparagraph and
 shall so notify each party to the proposed transaction.
   (c) [Any transfer, assignment or other disposition of ten  percent  or
 more  of the stock or voting rights thereunder of a corporation which is
 the operator of a hospital or which is a member of a  limited  liability
 company which is the operator of a hospital to a new stockholder, or any
 transfer,  assignment or other disposition of the stock or voting rights
 thereunder of such a corporation  which  results  in  the  ownership  or
 control  of  more  than ten percent of the stock or voting rights there-
 under of such corporation by any person not previously approved  by  the
 public  health and health planning council, or its predecessor, for that
 corporation shall be subject to approval by the public health and health
 planning council, in accordance with the provisions of subdivisions  two
 and  three  of  this section and rules and regulations pursuant thereto;
 except that: any such transaction shall be subject to  the  approval  by
 the  public  health and health planning council in accordance with para-
 graph (b) of subdivision three of this section only with  respect  to  a
 new stockholder or a new principal stockholder; and shall not be subject
 to paragraph (a) of subdivision three of this section. In the absence of
 such  approval,  the  operating  certificate  of  such hospital shall be
 subject to revocation or suspension. No prior  approval  of  the  public
 health  and  health planning council shall be required with respect to a
 transfer, assignment or disposition of ten percent or more of the  stock
 or  voting rights thereunder of a corporation which is the operator of a
 hospital or which is a member of a limited liability  company  which  is
 the  owner of a hospital to any person previously approved by the public
 health and health planning council, or its predecessor, for that  corpo-
 ration.  However, no such transaction shall be effective unless at least
 ninety days prior to the intended effective date thereof, the stockhold-
 er completes and files with the public health and health planning  coun-
 cil  notice  on  forms  to  be developed by the public health and health
 planning council, which shall disclose such information as  may  reason-
 ably  be  necessary for the public health and health planning council to
 determine whether it should bar the transaction. Such  transaction  will
 be  final  as  of the intended effective date unless, prior thereto, the
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 public health and health planning council shall state  specific  reasons
 for barring such transactions under this paragraph and shall notify each
 party to the proposed transaction.] Nothing in this [paragraph] SUBDIVI-
 SION  shall  be construed as permitting [a] ANY person, PARTNER, MEMBER,
 OR STOCKHOLDER not previously approved by the public health  and  health
 planning  council  for  that [corporation] OPERATOR to [become the owner
 of] OWN OR CONTROL, DIRECTLY OR INDIRECTLY, ten percent or more  of  the
 INTEREST,  stock,  OR  VOTING  RIGHTS  of  [a]  ANY PARTNERSHIP, LIMITED
 LIABILITY COMPANY, OR corporation which is the operator of a hospital or
 A CORPORATION which is a member of a limited liability company which  is
 the  owner  of  a  hospital  without first obtaining the approval of the
 public health and health planning council. IN THE ABSENCE OF APPROVAL BY
 THE PUBLIC HEALTH AND HEALTH PLANNING COUNCIL  AS  REQUIRED  UNDER  THIS
 SUBDIVISION, THE OPERATING CERTIFICATE OF SUCH HOSPITAL SHALL BE SUBJECT
 TO  REVOCATION  OR  SUSPENSION.    FAILURE TO PROVIDE NOTICE AS REQUIRED
 UNDER THIS SUBDIVISION MAY SUBJECT THE  OPERATING  CERTIFICATE  OF  SUCH
 OPERATOR TO REVOCATION OR SUSPENSION.
   § 3. Section 3611-a of the public health law, as amended by section 92
 of  part  C  of  chapter 58 of the laws of 2009, subdivisions 1 and 2 as
 amended by section 67 of part A of chapter 58 of the laws  of  2010,  is
 amended to read as follows:
   §  3611-a.  Change  in  the operator or owner.   1. Any [change in the
 person who, or any] transfer, assignment, or  other  disposition  of  an
 interest,  STOCK,  or  voting rights [of ten percent or more]  IN A SOLE
 PROPRIETORSHIP, PARTNERSHIP, LIMITED LIABILITY COMPANY,  OR  CORPORATION
 WHICH  IS  THE  OPERATOR  OF  A  LICENSED HOME CARE SERVICES AGENCY OR A
 CERTIFIED HOME HEALTH AGENCY,  or  any  transfer,  assignment  or  other
 disposition  which  results  in the ownership or control of an interest,
 STOCK, or voting rights [of ten percent or more,] in [a limited  liabil-
 ity  company or a partnership which is the] THAT operator [of a licensed
 home care services agency or a certified home health agency],  shall  be
 approved by the public health and health planning council, in accordance
 with  the  provisions  of subdivision four of section thirty-six hundred
 five of this article relative to licensure or subdivision two of section
 thirty-six hundred six  of  this  article  relative  to  certificate  of
 approval, except that:
   (a)  Public  health  and  health  planning  council  approval shall be
 required only with respect to the person, [or the]  PARTNER,  member  or
 [partner]  STOCKHOLDER  that is acquiring the interest, STOCK, or voting
 rights[; and].
   (b) With respect to certified home health agencies, such change  shall
 not  be subject to the public need assessment described in paragraph (a)
 of subdivision two of section thirty-six hundred six of this article.
   (C) WITH RESPECT TO LICENSED HOME CARE SERVICES AGENCIES, THE  COMMIS-
 SIONER MAY PROMULGATE REGULATIONS DIRECTING WHETHER SUCH CHANGE SHALL BE
 SUBJECT  TO  THE  PUBLIC  NEED  ASSESSMENT DESCRIBED IN PARAGRAPH (A) OF
 SUBDIVISION FOUR OF SECTION THIRTY-SIX HUNDRED FIVE OF THIS ARTICLE.
   [(c)] (D) No prior approval of the public health and  health  planning
 council  shall  be  required  with  respect to a transfer, assignment or
 disposition, DIRECTLY OR INDIRECTLY, of:
   (i) an interest, STOCK, or  voting  rights  to  any  person,  PARTNER,
 MEMBER,  OR  STOCKHOLDER  previously  approved  by the public health and
 health planning council, or its predecessor, for that operator. HOWEVER,
 NO SUCH TRANSACTION SHALL BE EFFECTIVE UNLESS AT LEAST NINETY DAYS PRIOR
 TO THE INTENDED EFFECTIVE DATE THEREOF, THE OPERATOR COMPLETES AND FILES
 WITH THE PUBLIC HEALTH AND HEALTH PLANNING COUNCIL NOTICE ON FORMS TO BE
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 DEVELOPED BY THE PUBLIC HEALTH AND HEALTH PLANNING COUNCIL, WHICH  SHALL
 DISCLOSE SUCH INFORMATION AS MAY REASONABLY BE NECESSARY FOR THE DEPART-
 MENT  TO RECOMMEND AND FOR THE PUBLIC HEALTH AND HEALTH PLANNING COUNCIL
 TO  DETERMINE  WHETHER  IT  SHOULD  BAR THE TRANSACTION,   AND HAS FULLY
 RESPONDED TO ANY REQUEST FOR ADDITIONAL INFORMATION  BY  THE  DEPARTMENT
 ACTING ON BEHALF OF THE PUBLIC HEALTH AND HEALTH PLANNING COUNCIL DURING
 THE REVIEW PERIOD. SUCH TRANSACTION WILL BE FINAL UPON COMPLETION OF THE
 REVIEW  PERIOD,  WHICH SHALL BE NO LONGER THAN NINETY DAYS FROM THE DATE
 THE DEPARTMENT RECEIVES A COMPLETE RESPONSE TO  ITS  FINAL  REQUEST  FOR
 ADDITIONAL  INFORMATION,  UNLESS,  PRIOR  THERETO, THE PUBLIC HEALTH AND
 HEALTH PLANNING COUNCIL HAS NOTIFIED EACH PARTY TO THE  PROPOSED  TRANS-
 ACTION THAT IT HAS BARRED SUCH TRANSACTIONS UNDER THIS PARAGRAPH AND HAS
 STATED SPECIFIC REASONS FOR BARRING SUCH TRANSACTIONS; or
   (ii)  an interest, STOCK, or voting rights of less than ten percent in
 the operator TO ANY PERSON, PARTNER, MEMBER, OR STOCKHOLDER WHO HAS  NOT
 BEEN  PREVIOUSLY APPROVED BY THE PUBLIC HEALTH AND HEALTH PLANNING COUN-
 CIL FOR THAT OPERATOR. However, no such transaction shall  be  effective
 unless  at least ninety days prior to the intended effective date there-
 of, the [partner or member] OPERATOR completes and files with the public
 health and health planning council notice on forms to  be  developed  by
 the public health AND HEALTH PLANNING council, which shall disclose such
 information  as may reasonably be necessary FOR THE DEPARTMENT TO RECOM-
 MEND AND for the public health and health planning council to  determine
 whether  it  should  bar the transaction, AND HAS FULLY RESPONDED TO ANY
 REQUEST FOR ADDITIONAL INFORMATION BY THE DEPARTMENT ACTING ON BEHALF OF
 THE PUBLIC HEALTH AND HEALTH PLANNING COUNCIL DURING THE REVIEW  PERIOD.
 Such  transaction will be final [as of the intended effective date] UPON
 COMPLETION OF THE REVIEW PERIOD, WHICH SHALL BE NO  LONGER  THAN  NINETY
 DAYS  FROM  THE  DATE THE DEPARTMENT RECEIVES A COMPLETE RESPONSE TO ITS
 FINAL REQUEST FOR ADDITIONAL INFORMATION,  unless,  prior  thereto,  the
 public  health  and  health  planning council [shall state] HAS NOTIFIED
 EACH PARTY TO THE PROPOSED TRANSACTION THAT IT HAS  BARRED  SUCH  TRANS-
 ACTIONS UNDER THIS PARAGRAPH AND HAS STATED specific reasons for barring
 such  transactions  [under this paragraph and shall notify each party to
 the proposed transaction].
   (III) NOTHING IN THIS SUBDIVISION SHALL BE CONSTRUED AS PERMITTING ANY
 PERSON, PARTNER, MEMBER, OR STOCKHOLDER NOT PREVIOUSLY APPROVED  BY  THE
 PUBLIC  HEALTH  AND  HEALTH PLANNING COUNCIL FOR THAT OPERATOR TO OWN OR
 CONTROL, DIRECTLY OR INDIRECTLY, TEN PERCENT OR MORE  OF  THE  INTEREST,
 STOCK,  OR  VOTING RIGHTS OF ANY PARTNERSHIP, LIMITED LIABILITY COMPANY,
 OR CORPORATION WHICH IS THE OPERATOR OF A LICENSED  HOME  CARE  SERVICES
 AGENCY  OR  A  CERTIFIED  HOME HEALTH AGENCY WITHOUT FIRST OBTAINING THE
 APPROVAL OF THE PUBLIC HEALTH AND HEALTH PLANNING COUNCIL.
   (IV) IN THE ABSENCE OF APPROVAL BY THE PUBLIC HEALTH AND HEALTH  PLAN-
 NING  COUNCIL  AS  REQUIRED UNDER THIS PARAGRAPH, THE LICENSE OR CERTIF-
 ICATE OF APPROVAL OF SUCH OPERATOR SHALL BE  SUBJECT  TO  REVOCATION  OR
 SUSPENSION.   FAILURE TO PROVIDE NOTICE AS REQUIRED UNDER THIS PARAGRAPH
 MAY SUBJECT THE LICENSE OR CERTIFICATE OF APPROVAL OF SUCH  OPERATOR  TO
 REVOCATION OR SUSPENSION THEREOF.
   2.  [Any  transfer,  assignment or other disposition of ten percent or
 more of the stock or voting rights thereunder of a corporation which  is
 the operator of a licensed home care services agency or a certified home
 health  agency,  or any transfer, assignment or other disposition of the
 stock or voting rights thereunder of such a corporation which results in
 the ownership or control of more than ten percent of the stock or voting
 rights thereunder of such corporation by any person shall be subject  to
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 approval  by the public health and health planning council in accordance
 with the provisions of subdivision four of  section  thirty-six  hundred
 five of this article relative to licensure or subdivision two of section
 thirty-six  hundred  six  of  this  article  relative  to certificate of
 approval, except that:
   (a) Public health  and  health  planning  council  approval  shall  be
 required  only with respect to the person or entity acquiring such stock
 or voting rights; and
   (b) With respect to certified home health agencies, such change  shall
 not  be subject to the public need assessment described in paragraph (a)
 of subdivision two of section thirty-six hundred six of this article. In
 the absence of such approval, the license  or  certificate  of  approval
 shall be subject to revocation or suspension.
   (c) No prior approval of the public health and health planning council
 shall  be required with respect to a transfer, assignment or disposition
 of an interest or voting rights to any person previously approved by the
 public health and health planning council, or its predecessor, for  that
 operator.  However,  no  such  transaction  shall be effective unless at
 least one hundred twenty days prior to the intended effective date ther-
 eof, the partner or member completes and files with  the  public  health
 and  health  planning  council  notice  on  forms to be developed by the
 public health and health planning council,  which  shall  disclose  such
 information  as  may  reasonably  be necessary for the public health and
 health planning council to determine whether it should  bar  the  trans-
 action. Such transaction will be final as of the intended effective date
 unless,  prior  thereto,  the  public health and health planning council
 shall state specific reasons for barring such  transactions  under  this
 paragraph and shall notify each party to the proposed transaction.
   3.]  (a)  The  commissioner shall charge to applicants for a change in
 operator or owner of a licensed home care services agency or a certified
 home health agency an application fee in  the  amount  of  two  thousand
 dollars.
   (b)  The  fees paid by certified home health agencies pursuant to this
 subdivision for any application approved in accordance with this section
 shall be deemed allowable costs in the  determination  of  reimbursement
 rates  established  pursuant  to this article. All fees pursuant to this
 section shall be payable to the department of health  for  deposit  into
 the  special revenue funds - other, miscellaneous special revenue fund -
 339, certificate of need account.
   § 4. Paragraph (b) of subdivision 3 of  section  4004  of  the  public
 health law, as amended by section 69 of part A of chapter 58 of the laws
 of 2010, is amended to read as follows:
   (b)  Any  [change  in  the person, principal stockholder or] TRANSFER,
 ASSIGNMENT OR OTHER DISPOSITION, OF AN INTEREST, STOCK, OR VOTING RIGHTS
 IN A SOLE PROPRIETORSHIP, partnership,  LIMITED  LIABILITY  COMPANY,  OR
 CORPORATION which is the operator of a hospice, OR ANY TRANSFER, ASSIGN-
 MENT OR OTHER DISPOSITION WHICH RESULTS IN THE DIRECT OR INDIRECT OWNER-
 SHIP OR CONTROL OF AN INTEREST, STOCK OR VOTING RIGHTS IN THAT OPERATOR,
 shall  be  approved  by the public health and health planning council in
 accordance with the provisions of  subdivisions  one  and  two  of  this
 section[.]; EXCEPT THAT:
   (I)  PUBLIC  HEALTH  AND  HEALTH  PLANNING  COUNCIL  APPROVAL SHALL BE
 REQUIRED ONLY WITH RESPECT TO THE PERSON, PARTNER, MEMBER, OR STOCKHOLD-
 ER THAT IS ACQUIRING THE INTEREST, STOCK, OR VOTING RIGHTS.
   (II) SUCH CHANGE SHALL NOT BE SUBJECT TO THE  PUBLIC  NEED  ASSESSMENT
 DESCRIBED IN PARAGRAPH (A) OF SUBDIVISION TWO OF THIS SECTION.
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   (III) NO PRIOR APPROVAL OF THE PUBLIC HEALTH AND HEALTH PLANNING COUN-
 CIL SHALL BE REQUIRED WITH RESPECT TO A TRANSFER, ASSIGNMENT OR DISPOSI-
 TION, DIRECTLY OR INDIRECTLY, OF:
   (A)  AN  INTEREST,  STOCK,  OR  VOTING  RIGHTS TO ANY PERSON, PARTNER,
 MEMBER, OR STOCKHOLDER PREVIOUSLY APPROVED  BY  THE  PUBLIC  HEALTH  AND
 HEALTH PLANNING COUNCIL, OR ITS PREDECESSOR, FOR THAT OPERATOR. HOWEVER,
 NO SUCH TRANSACTION SHALL BE EFFECTIVE UNLESS AT LEAST NINETY DAYS PRIOR
 TO THE INTENDED EFFECTIVE DATE THEREOF, THE OPERATOR COMPLETES AND FILES
 WITH  THE  PUBLIC HEALTH AND HEALTH PLANNING COUNCIL NOTICE, ON FORMS TO
 BE DEVELOPED BY THE PUBLIC HEALTH AND  HEALTH  PLANNING  COUNCIL,  WHICH
 SHALL  DISCLOSE  SUCH INFORMATION AS MAY REASONABLY BE NECESSARY FOR THE
 DEPARTMENT TO RECOMMEND AND FOR THE PUBLIC HEALTH  AND  HEALTH  PLANNING
 COUNCIL  TO  DETERMINE  WHETHER  IT  SHOULD BAR THE TRANSACTION, AND HAS
 FULLY RESPONDED TO ANY REQUEST FOR ADDITIONAL INFORMATION BY THE DEPART-
 MENT ACTING ON BEHALF OF THE PUBLIC HEALTH AND HEALTH  PLANNING  COUNCIL
 DURING THE REVIEW PERIOD. SUCH TRANSACTION WILL BE FINAL UPON COMPLETION
 OF THE REVIEW PERIOD, WHICH SHALL BE NO LONGER THAN NINETY DAYS FROM THE
 DATE  THE  DEPARTMENT  RECEIVES A COMPLETE RESPONSE TO ITS FINAL REQUEST
 FOR ADDITIONAL INFORMATION, UNLESS, PRIOR THERETO, THE PUBLIC HEALTH AND
 HEALTH PLANNING COUNCIL HAS NOTIFIED EACH PARTY TO THE  PROPOSED  TRANS-
 ACTION THAT IT HAS BARRED SUCH TRANSACTIONS UNDER THIS PARAGRAPH AND HAS
 STATED SPECIFIC REASONS FOR BARRING SUCH TRANSACTIONS; OR
   (B)  AN  INTEREST, STOCK, OR VOTING RIGHTS OF LESS THAN TEN PERCENT IN
 THE OPERATOR TO ANY PERSON, PARTNER, MEMBER, OR STOCKHOLDER WHO HAS  NOT
 BEEN  PREVIOUSLY APPROVED BY THE PUBLIC HEALTH AND HEALTH PLANNING COUN-
 CIL FOR THAT OPERATOR. HOWEVER, NO SUCH TRANSACTION SHALL  BE  EFFECTIVE
 UNLESS  AT LEAST NINETY DAYS PRIOR TO THE INTENDED EFFECTIVE DATE THERE-
 OF, THE OPERATOR COMPLETES AND FILES WITH THE PUBLIC HEALTH  AND  HEALTH
 PLANNING  COUNCIL  NOTICE  ON FORMS TO BE DEVELOPED BY THE PUBLIC HEALTH
 AND HEALTH PLANNING COUNCIL, WHICH SHALL DISCLOSE  SUCH  INFORMATION  AS
 MAY  REASONABLY BE NECESSARY FOR THE DEPARTMENT TO RECOMMEND AND FOR THE
 PUBLIC HEALTH AND HEALTH PLANNING COUNCIL TO DETERMINE WHETHER IT SHOULD
 BAR THE TRANSACTION, AND HAS FULLY RESPONDED TO ANY  REQUEST  FOR  ADDI-
 TIONAL  INFORMATION  BY  THE  DEPARTMENT  ACTING ON BEHALF OF THE PUBLIC
 HEALTH AND HEALTH PLANNING COUNCIL DURING THE REVIEW PERIOD. SUCH TRANS-
 ACTION WILL BE FINAL UPON COMPLETION OF THE REVIEW PERIOD,  WHICH  SHALL
 BE  NO  LONGER  THAN NINETY DAYS FROM THE DATE THE DEPARTMENT RECEIVES A
 COMPLETE RESPONSE TO  ITS  FINAL  REQUEST  FOR  ADDITIONAL  INFORMATION,
 UNLESS, PRIOR THERETO, THE PUBLIC HEALTH AND HEALTH PLANNING COUNCIL HAS
 NOTIFIED  EACH PARTY TO THE PROPOSED TRANSACTION THAT IT HAS BARRED SUCH
 TRANSACTIONS UNDER THIS PARAGRAPH AND HAS STATED  SPECIFIC  REASONS  FOR
 BARRING SUCH TRANSACTIONS.
   (IV)  NOTHING IN THIS SUBDIVISION SHALL BE CONSTRUED AS PERMITTING ANY
 PERSON, PARTNER, MEMBER, OR STOCKHOLDER NOT PREVIOUSLY APPROVED  BY  THE
 PUBLIC  HEALTH  AND  HEALTH PLANNING COUNCIL FOR THAT OPERATOR TO OWN OR
 CONTROL, DIRECTLY OR INDIRECTLY, TEN PERCENT OR MORE  OF  THE  INTEREST,
 STOCK,  OR  VOTING RIGHTS OF ANY PARTNERSHIP, LIMITED LIABILITY COMPANY,
 OR CORPORATION WHICH IS THE OPERATOR OF A HOSPICE WITHOUT FIRST  OBTAIN-
 ING THE APPROVAL OF THE PUBLIC HEALTH AND HEALTH PLANNING COUNCIL.
   (V)  IN  THE ABSENCE OF APPROVAL BY THE PUBLIC HEALTH AND HEALTH PLAN-
 NING COUNCIL AS  REQUIRED  UNDER  THIS  PARAGRAPH,  THE  CERTIFICATE  OF
 APPROVAL  OF SUCH OPERATOR SHALL BE SUBJECT TO REVOCATION OR SUSPENSION.
 FAILURE TO PROVIDE NOTICE AS REQUIRED UNDER THIS PARAGRAPH  MAY  SUBJECT
 THE  CERTIFICATE  OF  APPROVAL OF SUCH OPERATOR TO REVOCATION OR SUSPEN-
 SION.
 S. 4007--A                         138                        A. 3007--A
 
   § 5. The public health law is amended by adding a new article 45-A  to
 read as follows:
                                ARTICLE 45-A
               REVIEW AND OVERSIGHT OF MATERIAL TRANSACTIONS
 SECTION 4550. LEGISLATIVE PURPOSE AND INTENT.
         4551. DEFINITIONS.
         4552. REVIEW AND OVERSIGHT OF MATERIAL TRANSACTIONS.
         4553. NOTICE OF MATERIAL TRANSACTION; REQUIREMENTS.
         4554. MATERIAL TRANSACTION REVIEW.
         4555. PENALTY FOR NONCOMPLIANCE; INJUNCTIVE RELIEF.
         4556. RULES AND REGULATIONS.
         4557. SEPARABILITY.
   §  4550.  LEGISLATIVE PURPOSE AND INTENT. WHILE HOSPITALS REMAIN VITAL
 TO THE HEALTH SYSTEM, SERVICES ARE INCREASINGLY BEING DELIVERED  THROUGH
 AMBULATORY  CARE.  THIS  SHIFT  TO AMBULATORY CARE IS GIVING RISE TO NEW
 HEALTH CARE DELIVERY STRUCTURES THAT ARE NOT SUBJECT TO THE SAME FACILI-
 TY LICENSURE AND OVERSIGHT REQUIREMENTS. IN PARTICULAR, THERE HAS BEEN A
 PROLIFERATION OF LARGE PHYSICIAN PRACTICES  BEING  MANAGED  BY  ENTITIES
 THAT  ARE  INVESTOR-BACKED. AS A GENERAL MATTER, PHYSICIAN PRACTICES ARE
 SUBJECT TO FAR LESS REGULATION AND OVERSIGHT THAN HOSPITALS UNDER  ARTI-
 CLE TWENTY-EIGHT OF THIS CHAPTER, HOME CARE AGENCIES UNDER ARTICLE THIR-
 TY-SIX  OF  THIS  CHAPTER, HOSPICE PROVIDERS, OR PROVIDERS OF BEHAVIORAL
 HEALTH SERVICES UNDER ARTICLES THIRTY-ONE AND THIRTY-TWO OF  THE  MENTAL
 HYGIENE  LAW,  AS  WELL  AS MANAGED CARE ORGANIZATIONS OR OTHER INSURERS
 AUTHORIZED UNDER THIS CHAPTER OR THE INSURANCE LAW. EVEN AS THESE  INVE-
 STOR-BACKED ENTITIES INCREASINGLY TAKE ON THE CHARACTERISTICS ASSOCIATED
 WITH DIAGNOSTIC AND TREATMENT CENTERS UNDER ARTICLE TWENTY-EIGHT OF THIS
 CHAPTER  OR  OTHER LICENSED PROVIDER TYPES, OR MAY ASSUME MORE RISK FROM
 MANAGED CARE ORGANIZATIONS AND LICENSED INSURERS,  THEY  REMAIN  UNREGU-
 LATED  BY  THE  STATE OUTSIDE OF THE LICENSURE OF THE INDIVIDUAL PRACTI-
 TIONERS WHO PRACTICE AT THESE SITES AND ENROLLMENT  IN  MEDICAID.  MORE-
 OVER, TRANSACTIONS INVOLVING THE CHANGE OF CONTROL, BY VIRTUE OF A SALE,
 MERGER  OR  ACQUISITION OF THESE PROVIDERS, ARE NOT SUBJECT TO ANY STATE
 CHANGE OF OWNERSHIP OR CONTROL REVIEW, SUCH THAT THE STATE IS  NOT  ABLE
 TO  TRACK  OR MONITOR THE IMPACT OF THESE TRANSACTIONS ON COST, QUALITY,
 ACCESS, EQUITY, AND COMPETITION.
   THIS PHENOMENON MAY HAVE A NEGATIVE IMPACT  ON  PATIENT  CARE,  HEALTH
 CARE  COSTS,  AND  ULTIMATELY  ACCESS TO SERVICES. THESE LARGE INVESTOR-
 BACKED HEALTH CARE ENTITIES SHIFT VOLUME AND BUSINESS AWAY FROM COMMUNI-
 TY HOSPITALS AND THEIR AMBULATORY CARE NETWORKS  AND  OTHER  SAFETY  NET
 PROVIDERS,   UNDERMINING  THEIR  FINANCIAL  SUSTAINABILITY,  WHICH  MUST
 CONTINUE TO PROVIDE ESSENTIAL SERVICES TO THE  COMMUNITY.  IN  ADDITION,
 THE  CONCENTRATION  OF  THESE  INVESTOR-BACKED  PHYSICIAN PRACTICES IS A
 SIGNIFICANT CONTRIBUTOR TO HEALTH CARE COST INFLATION,  WHICH  HAS  ALSO
 GIVEN  RISE  TO  OTHER  LEGISLATION,  INCLUDING  THE NO SURPRISE BILLING
 PROVISIONS IN THE FINANCIAL SERVICES LAW.
   § 4551. DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE,  THE  FOLLOWING
 TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   1. "CONTROL" MEANS THE POSSESSION, DIRECT OR INDIRECT, OF THE POWER TO
 DIRECT OR CAUSE THE DIRECTION OF THE MANAGEMENT AND POLICIES OF A HEALTH
 CARE  ENTITY,  WHETHER  THROUGH  THE  OWNERSHIP OF VOTING SECURITIES, BY
 CONTRACT (EXCEPT A  COMMERCIAL  CONTRACT  FOR  GOODS  OR  NON-MANAGEMENT
 SERVICES) OR OTHERWISE; BUT NO PERSON SHALL BE DEEMED TO CONTROL ANOTHER
 PERSON SOLELY BY REASON OF BEING AN OFFICER OR DIRECTOR OF A HEALTH CARE
 ENTITY.   "CONTROL" SHALL BE PRESUMED TO EXIST IF ANY PERSON DIRECTLY OR
 S. 4007--A                         139                        A. 3007--A

 INDIRECTLY OWNS, CONTROLS, OR HOLDS WITH THE POWER TO VOTE  TEN  PERCENT
 OR MORE OF THE VOTING SECURITIES OF A HEALTH CARE ENTITY.
   2.  "HEALTH  CARE ENTITY" SHALL INCLUDE BUT NOT BE LIMITED TO A PHYSI-
 CIAN PRACTICE OR MANAGEMENT  SERVICES  ORGANIZATION  OR  SIMILAR  ENTITY
 PROVIDING ALL OR SUBSTANTIALLY ALL ADMINISTRATIVE OR MANAGEMENT SERVICES
 UNDER  CONTRACT  WITH ONE OR MORE PHYSICIAN PRACTICE, PROVIDER-SPONSORED
 ORGANIZATION, HEALTH INSURANCE PLAN, OR ANY OTHER KIND  OF  HEALTH  CARE
 FACILITY,  ORGANIZATION  OR  PLAN PROVIDING HEALTH CARE SERVICES IN THIS
 STATE; PROVIDED, HOWEVER, THAT A "HEALTH CARE ENTITY" SHALL NOT  INCLUDE
 AN  INSURER DIRECTLY AUTHORIZED TO DO BUSINESS IN THIS STATE, OR A PHAR-
 MACY BENEFIT MANAGER REGISTERED OR LICENSED IN THIS STATE. AN  "INSURER"
 SHALL  NOT INCLUDE NON-INSURANCE SUBSIDIARIES AND AFFILIATED ENTITIES OF
 INSURANCE COMPANIES REGULATED UNDER THE INSURANCE LAW OR THIS CHAPTER.
   3. "HEALTH EQUITY" SHALL MEAN ACHIEVING THE HIGHEST  LEVEL  OF  HEALTH
 FOR  ALL  PEOPLE  AND  SHALL ENTAIL FOCUSED EFFORTS TO ADDRESS AVOIDABLE
 INEQUALITIES BY EQUALIZING THOSE CONDITIONS FOR HEALTH  FOR  THOSE  THAT
 HAVE  EXPERIENCED  INJUSTICES, SOCIOECONOMIC DISADVANTAGES, AND SYSTEMIC
 DISADVANTAGES.
   4. "MATERIAL TRANSACTION" SHALL MEAN:
   (A) ANY OF THE FOLLOWING, OCCURRING DURING A SINGLE TRANSACTION OR  IN
 A  SERIES  OF RELATED TRANSACTIONS, THAT TAKE PLACE WITHIN A TIME PERIOD
 AND MEET OR EXCEED THRESHOLDS, AS  DETERMINED  BY  THE  COMMISSIONER  IN
 REGULATION, FOR FACTORS INCLUDING BUT NOT LIMITED TO CHANGES IN REVENUE:
   (I) A MERGER WITH A HEALTH CARE ENTITY;
   (II) AN ACQUISITION OF ONE OR MORE HEALTH CARE ENTITIES, INCLUDING BUT
 NOT  LIMITED  TO  THE  ASSIGNMENT,  SALE, OR OTHER CONVEYANCE OF ASSETS,
 VOTING SECURITIES, MEMBERSHIP, OR PARTNERSHIP INTEREST OR  THE  TRANSFER
 OF CONTROL;
   (III)  AN  AFFILIATION OR CONTRACT FORMED BETWEEN A HEALTH CARE ENTITY
 AND ANOTHER PERSON; OR
   (IV) THE FORMATION OF A PARTNERSHIP, JOINT VENTURE,  ACCOUNTABLE  CARE
 ORGANIZATION,  PARENT  ORGANIZATION, OR MANAGEMENT SERVICES ORGANIZATION
 FOR THE PURPOSE OF ADMINISTERING CONTRACTS WITH HEALTH PLANS, THIRD-PAR-
 TY ADMINISTRATORS, PHARMACY BENEFIT MANAGERS, OR HEALTH  CARE  PROVIDERS
 AS PRESCRIBED BY THE COMMISSIONER BY REGULATION.
   (B) "MATERIAL TRANSACTION" SHALL NOT INCLUDE A CLINICAL AFFILIATION OF
 HEALTH CARE ENTITIES FORMED FOR THE PURPOSE OF COLLABORATING ON CLINICAL
 TRIALS  OR GRADUATE MEDICAL EDUCATION PROGRAMS AND SHALL NOT INCLUDE ANY
 TRANSACTION THAT IS ALREADY SUBJECT  TO  REVIEW  UNDER  ARTICLE  TWENTY-
 EIGHT, THIRTY, THIRTY-SIX, FORTY, FORTY-SIX, FORTY-SIX-A, OR FORTY-SIX-B
 OF THIS CHAPTER.
   §  4552. REVIEW AND OVERSIGHT OF MATERIAL TRANSACTIONS. 1. THE DEPART-
 MENT SHALL HAVE THE AUTHORITY TO  REVIEW  AND  APPROVE  MATERIAL  TRANS-
 ACTIONS, WHICH MAY BE FURTHER DEFINED BY THE COMMISSIONER IN REGULATION,
 TO  ASSESS  SUCH  TRANSACTIONS'  IMPACT ON COST, QUALITY, ACCESS, HEALTH
 EQUITY AND COMPETITION IN THE HEALTH CARE SERVICE MARKET.
   2. IN ACCORDANCE WITH THIS ARTICLE, AND WITH THE RULES AND REGULATIONS
 PROMULGATED BY THE COMMISSIONER PURSUANT TO SECTION  FORTY-FIVE  HUNDRED
 FIFTY-SIX  OF  THIS ARTICLE, THE DEPARTMENT SHALL ADOPT CRITERIA FOR THE
 CONSIDERATION OF REQUESTS BY HEALTH CARE ENTITIES TO CONSUMMATE A  MATE-
 RIAL  TRANSACTION.  THE  CRITERIA  SHALL  INCLUDE  THE FACTORS LISTED IN
 SUBDIVISION ONE OF SECTION FORTY-FIVE HUNDRED FIFTY-FOUR OF  THIS  ARTI-
 CLE.
   3.  NOTHING  IN  THIS ARTICLE SHALL LIMIT OR RESTRICT THE AUTHORITY OF
 THE SUPERINTENDENT OF FINANCIAL SERVICES UNDER ARTICLE FIFTEEN, SIXTEEN,
 S. 4007--A                         140                        A. 3007--A
 
 SEVENTEEN, FORTY-TWO, FORTY-THREE, SEVENTY-ONE, OR SEVENTY-THREE OF  THE
 INSURANCE LAW, OR REGULATIONS PROMULGATED THEREUNDER.
   § 4553. NOTICE OF MATERIAL TRANSACTION; REQUIREMENTS. 1. A HEALTH CARE
 ENTITY  SHALL  NOT  CONSUMMATE  A MATERIAL TRANSACTION WITHOUT OBTAINING
 APPROVAL FROM THE DEPARTMENT FOR SUCH MATERIAL TRANSACTION.
   2. IN ORDER TO OBTAIN  APPROVAL  OF  A  MATERIAL  TRANSACTION  BY  THE
 DEPARTMENT,  A HEALTH CARE ENTITY SHALL SUBMIT TO THE DEPARTMENT WRITTEN
 NOTICE AND APPLICATION, WITH SUPPORTING DOCUMENTATION AS DESCRIBED BELOW
 AND FURTHER DEFINED IN REGULATION, WHICH  THE  DEPARTMENT  SHALL  BE  IN
 RECEIPT  OF  AT LEAST THIRTY DAYS BEFORE THE DESIRED CLOSING DATE OF THE
 TRANSACTION, IN THE FORM AND MANNER PRESCRIBED BY THE  DEPARTMENT.  SUCH
 WRITTEN NOTICE SHALL INCLUDE, BUT NOT BE LIMITED TO:
   (A)  THE NAMES OF THE PARTIES TO THE PROPOSED MATERIAL TRANSACTION AND
 THEIR CURRENT ADDRESSES;
   (B) COPIES OF ANY DEFINITIVE AGREEMENTS GOVERNING  THE  TERMS  OF  THE
 MATERIAL TRANSACTION, INCLUDING PRE- AND POST-CLOSING CONDITIONS;
   (C)  IDENTIFICATION  OF  ALL  LOCATIONS WHERE HEALTH CARE SERVICES ARE
 CURRENTLY PROVIDED BY EACH PARTY AND THE REVENUE GENERATED IN THE  STATE
 FROM SUCH LOCATIONS;
   (D)  ANY PLANS TO REDUCE OR ELIMINATE SERVICES AND/OR PARTICIPATION IN
 SPECIFIC PLAN NETWORKS;
   (E) THE DESIRED CLOSING DATE OF THE PROPOSED MATERIAL TRANSACTION;
   (F) A BRIEF DESCRIPTION OF THE NATURE  AND  PURPOSE  OF  THE  PROPOSED
 MATERIAL  TRANSACTION,  WHICH  WILL  BE  USED TO INFORM THE REVIEW UNDER
 SECTION FORTY-FIVE HUNDRED FIFTY-FOUR OF THIS ARTICLE, INCLUDING:
   (I) THE ANTICIPATED IMPACT OF THE MATERIAL TRANSACTION ON COST, QUALI-
 TY, ACCESS, HEALTH EQUITY, AND  COMPETITION  IN  THE  IMPACTED  MARKETS,
 WHICH MAY BE SUPPORTED BY DATA AND A FORMAL MARKET IMPACT ANALYSIS; AND
   (II)  ANY COMMITMENTS BY THE HEALTH CARE ENTITY TO ADDRESS ANTICIPATED
 IMPACTS; AND
   (G) A NON-REFUNDABLE APPLICATION FEE.
   3. EXCEPT AS PROVIDED IN SUBDIVISION TWO OF SECTION FORTY-FIVE HUNDRED
 FIFTY-FOUR OF THIS ARTICLE, SUPPORTING  DOCUMENTATION  AS  DESCRIBED  IN
 SUBDIVISION TWO OF THIS SECTION SHALL NOT BE SUBJECT TO DISCLOSURE UNDER
 ARTICLE SIX OF THE PUBLIC OFFICERS LAW.
   §  4554.  MATERIAL  TRANSACTION  REVIEW. 1. WHEN REVIEWING A POTENTIAL
 MATERIAL TRANSACTION, THE DEPARTMENT MAY CONSIDER THE FOLLOWING:
   (A) WHETHER THE PARTIES TO THE TRANSACTION CAN  DEMONSTRATE  THAT  THE
 POTENTIAL  POSITIVE  IMPACTS  OF  THE  MATERIAL TRANSACTION OUTWEIGH THE
 POTENTIAL NEGATIVE IMPACTS RELATED TO FACTORS SUCH AS:
   (I) PATIENT COSTS;
   (II) ACCESS TO SERVICES;
   (III) HEALTH EQUITY; AND
   (IV) HEALTH OUTCOMES;
   (B)   WHETHER THERE IS A  SUBSTANTIAL  LIKELIHOOD  OF  ANTICOMPETITIVE
 EFFECTS  FROM  THE  TRANSACTION THAT OUTWEIGH THE BENEFITS OF THE TRANS-
 ACTION INCLUDING BY INCREASING OR MAINTAINING  SERVICES  TO  UNDERSERVED
 POPULATIONS  OR  STABILIZING  THE  OPERATIONS  OF  THE EXISTING DELIVERY
 SYSTEM;
   (C) THE FINANCIAL CONDITION OF THE PARTIES TO THE TRANSACTION;
   (D) THE CHARACTER AND COMPETENCE OF THE PARTIES  OR  ANY  OFFICERS  OR
 DIRECTORS THEREOF;
   (E) THE SOURCE OF THE FUNDS OR ASSETS FOR THE TRANSACTION;
   (F)  THE  FAIRNESS  OF  ANY EXCHANGE OF SHARES, ASSETS, CASH, OR OTHER
 CONSIDERATION FOR THE SHARES OR ASSETS TO BE RECEIVED; AND
 S. 4007--A                         141                        A. 3007--A

   (G) ANY OTHER RELEVANT INFORMATION NECESSARY TO DETERMINE  THE  IMPACT
 OF THE MATERIAL TRANSACTION.
   2.  IF  THE DEPARTMENT DOES NOT ACT ON THE APPLICATION AS DESCRIBED IN
 SUBDIVISIONS THREE AND FOUR  OF  THIS  SECTION  WITHIN  THIRTY  DAYS  OF
 RECEIPT  OF  WRITTEN  NOTICE AND APPLICATION AS DESCRIBED IN SUBDIVISION
 TWO OF SECTION FORTY-FIVE HUNDRED FIFTY-THREE OF THIS ARTICLE, THEN  THE
 TRANSACTION SHALL BE DEEMED APPROVED. DURING SUCH THIRTY-DAY PERIOD, THE
 DEPARTMENT  SHALL POST IN A MANNER DETERMINED BY THE DEPARTMENT IN REGU-
 LATION FOR PUBLIC NOTICE AND PUBLIC COMMENT WHICH  MAY  HELP  TO  INFORM
 WHETHER  THE  DEPARTMENT  TAKES  FURTHER  ACTIONS  AS DETERMINED BY THIS
 SECTION. AT A MINIMUM, THE PUBLIC NOTICE SHALL INCLUDE:
   (A) A SUMMARY OF THE PROPOSED TRANSACTION;
   (B) AN EXPLANATION OF THE GROUPS OR INDIVIDUALS LIKELY TO BE  IMPACTED
 BY THE TRANSACTION;
   (C)  INFORMATION  ABOUT SERVICES CURRENTLY PROVIDED BY THE HEALTH CARE
 ENTITY, COMMITMENTS BY THE HEALTH CARE ENTITY TO CONTINUE SUCH  SERVICES
 AND ANY SERVICES THAT WILL BE REDUCED OR ELIMINATED; AND
   (D)  DETAILS ABOUT HOW TO SUBMIT COMMENTS, IN A FORMAT THAT IS EASY TO
 FIND AND EASY TO READ.
   3. THE DEPARTMENT SHALL NOTIFY THE PARTIES TO THE  TRANSACTION  WITHIN
 THIRTY DAYS OF RECEIPT OF WRITTEN NOTICE AND APPLICATION AS DESCRIBED IN
 SUBDIVISION  TWO OF SECTION FORTY-FIVE HUNDRED FIFTY-THREE OF THIS ARTI-
 CLE THAT IT IS WITHHOLDING APPROVAL OF THE TRANSACTION IF  NECESSARY  TO
 CONDUCT  A  THOROUGH  EXAMINATION  AND  COMPLETE ANALYSIS OF WHETHER THE
 TRANSACTION IS CONSISTENT WITH  THE  CRITERIA  ESTABLISHED  PURSUANT  TO
 SUBDIVISION  FOUR  OF SECTION FORTY-FIVE HUNDRED FIFTY-TWO OF THIS ARTI-
 CLE, INCLUDING THE FACTORS LISTED IN SUBDIVISION ONE OF THIS SECTION.
   (A) THE DEPARTMENT MAY REQUEST ADDITIONAL INFORMATION  FROM  A  HEALTH
 CARE  ENTITY THAT IS A PARTY TO THE MATERIAL TRANSACTION AND SUCH ENTITY
 SHALL PROMPTLY REPLY USING THE FORM OF COMMUNICATION REQUESTED AND  SUCH
 REPLY SHALL BE AFFIRMED AS TRUE AND ACCURATE UNDER PENALTY OF PERJURY BY
 AN OFFICER OF THE ENTITY, IF REQUIRED.
   (B)  A  HEALTH  CARE  ENTITY  SHALL NOT REFUSE TO PROVIDE DOCUMENTS OR
 OTHER INFORMATION REQUESTED PURSUANT TO THIS ARTICLE ON THE GROUNDS THAT
 SUCH INFORMATION IS PRIVILEGED OR CONFIDENTIAL.
   (C) THE DEPARTMENT MAY RETAIN ACTUARIES, ACCOUNTANTS OR OTHER  PROFES-
 SIONALS INDEPENDENT OF THE DEPARTMENT AS NECESSARY TO ASSIST IN CONDUCT-
 ING  ITS  ANALYSIS  OF  A  PROPOSED MATERIAL TRANSACTION. THE DEPARTMENT
 SHALL DESIGNATE THE PARTY OR PARTIES TO THE  MATERIAL  TRANSACTION  THAT
 SHALL BEAR THE COST OF RETAINING SUCH PROFESSIONALS.
   (D)    THE  DEPARTMENT MAY TAKE OTHER ACTIONS TO SEEK PUBLIC INPUT AND
 OTHERWISE ENGAGE  THE  PUBLIC  BEFORE  MAKING  A  DETERMINATION  ON  THE
 PROPOSED MATERIAL TRANSACTION.
   4.  (A) UNLESS THE MATERIAL TRANSACTION IS APPROVED PURSUANT TO SUBDI-
 VISION TWO OF THIS SECTION, THE DEPARTMENT SHALL  ISSUE  A  FINAL  ORDER
 REGARDING THE MATERIAL TRANSACTION.
   (B) IF THE DEPARTMENT DISAPPROVES THE MATERIAL TRANSACTION OR APPROVES
 THE MATERIAL TRANSACTION SUBJECT TO CONDITIONS, THE DEPARTMENT MAY NOTI-
 FY  THE  ATTORNEY  GENERAL  OF THE DEPARTMENT'S FINDINGS AND ANALYSIS SO
 THAT THE ATTORNEY GENERAL MAY, IF APPROPRIATE, CONDUCT AN  INVESTIGATION
 INTO WHETHER THE HEALTH CARE ENTITIES HAVE ENGAGED IN UNFAIR COMPETITION
 OR  ANTICOMPETITIVE  BEHAVIOR  AND,  IF NECESSARY, TAKE STEPS TO PROTECT
 CONSUMERS IN THE HEALTH CARE SERVICES MARKET.
   (C) PURSUANT TO  THIS  SUBDIVISION,  THE  DEPARTMENT  SHALL  HAVE  THE
 AUTHORITY TO REQUIRE UNDERTAKINGS AS A CONDITION OF APPROVING A MATERIAL
 TRANSACTION,  INCLUDING  BUT NOT LIMITED TO, INVESTMENTS IN THE COMMUNI-
 S. 4007--A                         142                        A. 3007--A
 
 TIES AFFECTED BY SUCH MATERIAL TRANSACTION, COMPETITION PROTECTIONS, AND
 CONTRIBUTIONS TO  STATE-CONTROLLED  FUNDS,  INCLUDING  THE  HEALTH  CARE
 TRANSFORMATION  FUND  PURSUANT  TO  SECTION  NINETY-TWO-HH  OF THE STATE
 FINANCE  LAW,  TO PRESERVE ACCESS OR TO OTHERWISE MITIGATE THE IMPACT OF
 THE MATERIAL TRANSACTION ON THE HEALTH CARE DELIVERY SYSTEM.
   5. A HEALTH CARE ENTITY THAT IS A PARTY TO AN APPROVED MATERIAL TRANS-
 ACTION SHALL NOTIFY THE DEPARTMENT UPON CLOSING OF  THE  TRANSACTION  IN
 THE FORM AND MANNER PRESCRIBED BY THE DEPARTMENT.
   § 4555. PENALTY FOR NONCOMPLIANCE; INJUNCTIVE RELIEF.  1.  THE DEPART-
 MENT  MAY  IMPOSE  A  CIVIL  PENALTY  IN AN AMOUNT OF UP TO TEN THOUSAND
 DOLLARS PER DAY FOR ANY VIOLATION OF THIS ARTICLE. ALL FEES, FINES,  AND
 PENALTIES  DERIVED  FROM  THE OPERATION OF THIS ARTICLE SHALL BE PAID TO
 THE DEPARTMENT AND SHALL BE DEPOSITED IN THE HEALTH CARE  TRANSFORMATION
 FUND  ESTABLISHED PURSUANT TO SECTION NINETY-TWO-HH OF THE STATE FINANCE
 LAW.
   2. THE ATTORNEY GENERAL MAY APPLY TO  THE  SUPREME  COURT  WITHIN  THE
 JUDICIAL  DISTRICT  IN  WHICH  A VIOLATION OF THIS ARTICLE IS ALLEGED TO
 HAVE OCCURRED FOR  AN  ORDER  ENJOINING  OR  RESTRAINING  COMMISSION  OR
 CONTINUANCE  OF  THE  ACTS COMPLAINED OF. THEREUPON THE COURT SHALL HAVE
 JURISDICTION OF THE PROCEEDING AND SHALL HAVE POWER TO GRANT SUCH TEMPO-
 RARY RELIEF OR RESTRAINING ORDER AS IT DEEMS JUST AND PROPER.    IN  ANY
 SUCH  PROCEEDING  IT  SHALL  BE  UNNECESSARY  TO ALLEGE OR PROVE THAT AN
 ADEQUATE REMEDY AT LAW DOES NOT EXIST OR THAT IRREPARABLE  DAMAGE  WOULD
 RESULT  IF  SUCH  ORDER  WERE  NOT  GRANTED. THE REMEDY PROVIDED BY THIS
 SECTION SHALL BE IN ADDITION TO ANY OTHER REMEDY PROVIDED BY LAW.
   § 4556. RULES AND REGULATIONS. THE DEPARTMENT,  IN  CONSULTATION  WITH
 THE  DEPARTMENT  OF  FINANCIAL  SERVICES, MAY PROMULGATE RULES AND REGU-
 LATIONS TO IMPLEMENT THE PROVISIONS OF THIS ARTICLE.
   § 4557. SEPARABILITY. IF ANY CLAUSE, SENTENCE, PARAGRAPH, SUBDIVISION,
 SECTION OR PART OF THIS ARTICLE SHALL BE ADJUDGED BY ANY COURT OF COMPE-
 TENT JURISDICTION TO BE INVALID, THE JUDGMENT SHALL NOT AFFECT,  IMPAIR,
 OR INVALIDATE THE REMAINDER THEREOF, BUT SHALL BE CONFINED IN ITS OPERA-
 TION  TO  THE  CLAUSE, SENTENCE, PARAGRAPH, SUBDIVISION, SECTION OR PART
 THEREOF DIRECTLY INVOLVED IN THE CONTROVERSY IN WHICH THE JUDGMENT SHALL
 HAVE BEEN RENDERED.
    § 6. Paragraph (b) of subdivision 7 of section  2802  of  the  public
 health law, as amended by section 87 of part C of chapter 58 of the laws
 of 2009, is amended to read as follows:
   (b)  At  such  time  as  the  commissioner's  written  approval of the
 construction is granted, each applicant shall pay  the  following  addi-
 tional fee:
   (i)  for  hospital,  nursing  home and diagnostic and treatment center
 applications that require approval by the council,  the  additional  fee
 shall be [fifty-five] SIXTY hundredths of one percent of the total capi-
 tal  value  of  the  application, provided however that applications for
 construction of a safety net diagnostic and treatment center, as defined
 in paragraph (c) of subdivision sixteen of section twenty-eight  hundred
 one-a  of  this  article,  shall  be  subject  to  a  fee  of forty-five
 hundredths of one percent of the total capital value of the application;
 and
   (ii) for hospital, nursing home and diagnostic  and  treatment  center
 applications that do not require approval by the council, the additional
 fee shall be [thirty] THIRTY-FIVE hundredths of one percent of the total
 capital value of the application, provided however that safety net diag-
 nostic and treatment center applications, as defined in paragraph (c) of
 subdivision  sixteen of section twenty-eight hundred one-a of this arti-
 S. 4007--A                         143                        A. 3007--A
 
 cle, shall be subject to a fee of twenty-five hundredths of one  percent
 of the total capital value of the application.
   §  7.  Section  3605 of the public health law is amended by adding two
 new subdivisions 1-a and 1-b to read as follows:
   1-A. CORE PUBLIC HEALTH SERVICES, AS DEFINED IN  SECTION  SIX  HUNDRED
 TWO  OF  THIS  CHAPTER,  WHEN  PROVIDED  IN THE HOME BY THE LOCAL HEALTH
 DEPARTMENT OF A COUNTY OR OF THE CITY OF NEW  YORK,  SHALL  NOT  REQUIRE
 LICENSURE  UNDER  THIS  SECTION,  PROVIDED  THAT SUCH SERVICES SHALL NOT
 INCLUDE: HOME HEALTH AIDE SERVICES; PERSONAL CARE SERVICES;  OR  NURSING
 SERVICES  THAT  REQUIRE  MORE  THAN  MINIMAL  PATIENT  CONTACT.  FOR THE
 PURPOSES  OF  THIS  SUBDIVISION  THE  TERM  "MINIMAL  PATIENT   CONTACT"
 INCLUDES,  BUT  IS  NOT LIMITED TO, PROVIDING ASSESSMENTS OF NEW MOTHERS
 AND INFANTS, DIRECT OBSERVATION, AND  LEAD  SCREENING.  PATIENT  CONTACT
 SHALL  BE  CONSIDERED  MORE  THAN  MINIMAL  IF IT REQUIRES MORE THAN SIX
 PATIENT VISITS. CORE PUBLIC HEALTH SERVICES THAT MAY BE PROVIDED WITHOUT
 A LICENSE PURSUANT TO THIS SUBDIVISION INCLUDE BUT ARE NOT  LIMITED  TO:
 IMMUNIZATIONS;  TESTING FOR TUBERCULOSIS AND OBSERVATION OF TUBERCULOSIS
 SELF-DIRECTED  THERAPY;  VERBAL  ASSESSMENT,  COUNSELING  AND   REFERRAL
 SERVICES;  AND  SUCH  OTHER SERVICES AS MAY BE DETERMINED BY THE DEPART-
 MENT.
   1-B. CORE PUBLIC HEALTH SERVICES, AS DEFINED IN  SECTION  SIX  HUNDRED
 TWO  OF  THIS  CHAPTER, WHEN PROVIDED BY LOCAL HEALTH DEPARTMENTS IN THE
 HOME AS AUTHORIZED UNDER SUBDIVISION  ONE-A  OF  THIS  SECTION,  MAY  BE
 ELIGIBLE FOR REIMBURSEMENT UNDER TITLE XIX OF THE FEDERAL SOCIAL SECURI-
 TY  ACT  PROVIDED  THAT  THE  SERVICES  PROVIDED  MEET FEDERAL AND STATE
 REQUIREMENTS FOR SUCH REIMBURSEMENT.
   § 8. Subdivision 2 of section  3611  of  the  public  health  law,  as
 amended  by  section  66 of part A of chapter 58 of the laws of 2010, is
 amended to read as follows:
   2. The public health and health planning council shall not act upon an
 application for licensure or a certificate of approval  for  any  agency
 referred to in subdivision one of this section unless it is satisfied as
 to  the  character,  competence  and  standing  in  the community of the
 proposed incorporators, directors, sponsors, controlling persons,  prin-
 cipal  stockholders of the parent corporation, health related subsidiary
 corporation and the New York state corporation established  pursuant  to
 paragraph  (a)  of  subdivision  one  of this section.   STOCKHOLDERS OR
 MEMBERS OF THIRD LEVEL OR HIGHER ENTITIES THAT WILL EXERCISE NO  CONTROL
 OF  THE  AGENCY  FUNCTIONS  SHALL  NOT BE CONSIDERED CONTROLLING PERSONS
 SUBJECT TO CHARACTER AND COMPETENCY REVIEW PROVIDED  THAT  AN  AFFIDAVIT
 STATING  THAT  SUCH INDIVIDUALS WILL EXERCISE NO CONTROL OVER THE AGENCY
 FUNCTIONS IS SIGNED BY SUCH INDIVIDUALS AND SUBMITTED TO THE DEPARTMENT.
 For the purposes of this section the public health and  health  planning
 council  may  adopt  rules  and regulations relative to what constitutes
 parent and subsidiary corporations.
   § 9. This act shall take effect immediately;  provided,  however  that
 section five of this act shall take effect on the ninetieth day after it
 shall  have  become  a  law and shall apply to material transactions, as
 defined by section 4551 of the public health law  as  added  by  section
 five  of  this  act,  closing on or after April 1, 2024. Effective imme-
 diately, the addition, amendment and/or repeal of any rule or regulation
 necessary for the implementation of this act on its effective  date  are
 authorized to be made and completed on or before such effective date.
 
                                  PART N
 S. 4007--A                         144                        A. 3007--A
 
   Section 1. Section 366 of the social services law is amended by adding
 a new subdivision 16 to read as follows:
   16.  (A) THE COMMISSIONER OF HEALTH IS AUTHORIZED TO SUBMIT THE APPRO-
 PRIATE WAIVERS AND/OR ANY OTHER REQUIRED REQUESTS FOR FEDERAL  APPROVAL,
 INCLUDING BUT NOT LIMITED TO, THOSE AUTHORIZED IN SECTION ELEVEN HUNDRED
 FIFTEEN  OF  THE  FEDERAL  SOCIAL  SECURITY  ACT,  IN ORDER TO ESTABLISH
 EXPANDED MEDICAL ASSISTANCE ELIGIBILITY FOR  WORKING  DISABLED  INDIVID-
 UALS.  SUCH  WAIVER APPLICATIONS SHALL BE EXECUTED CONSISTENT WITH PARA-
 GRAPHS (B), (C), (D) AND (E) OF THIS SUBDIVISION, TO  THE  EXTENT  THOSE
 SECTIONS  COMPLY WITH THE REQUIREMENTS OF SECTION ELEVEN HUNDRED FIFTEEN
 OF THE FEDERAL SOCIAL SECURITY ACT.  NOTWITHSTANDING SUBPARAGRAPHS  FIVE
 AND SIX OF PARAGRAPH (C) OF SUBDIVISION ONE OF THIS SECTION AND SUBDIVI-
 SION TWELVE OF SECTION THREE HUNDRED SIXTY-SEVEN-A OF THIS TITLE, OR ANY
 OTHER  PROVISION  OF  LAW  TO  THE CONTRARY, IF GRANTED SUCH WAIVER, THE
 COMMISSIONER OF HEALTH MAY AUTHORIZE ELIGIBLE PERSONS TO RECEIVE MEDICAL
 ASSISTANCE PURSUANT TO THE WAIVER IF, FOR SO LONG AS, AND TO THE  EXTENT
 THAT, FINANCIAL PARTICIPATION IS AVAILABLE THEREFOR. THE WAIVER APPLICA-
 TION SHALL PROVIDE FOR THIRTY THOUSAND PERSONS TO BE ELIGIBLE TO PARTIC-
 IPATE IN SUCH WAIVER.
   (B) INDIVIDUALS ELIGIBLE FOR PARTICIPATION IN SUCH WAIVER SHALL:
   (I) BE A DISABLED INDIVIDUAL, DEFINED AS HAVING A MEDICALLY DETERMINA-
 BLE  IMPAIRMENT OF SUFFICIENT SEVERITY AND DURATION TO QUALIFY FOR BENE-
 FITS UNDER TITLES II OR XVI OF THE SOCIAL SECURITY ACT;
   (II) BE AT LEAST SIXTEEN YEARS OF AGE;
   (III) BE OTHERWISE ELIGIBLE FOR MEDICAL ASSISTANCE BENEFITS,  BUT  FOR
 EARNINGS AND/OR RESOURCES IN EXCESS OF THE ALLOWABLE LIMIT;
   (IV) HAVE NET AVAILABLE INCOME, DETERMINED IN ACCORDANCE WITH SUBDIVI-
 SION  TWO OF THIS SECTION, THAT DOES NOT EXCEED TWO THOUSAND TWO HUNDRED
 FIFTY PERCENT OF THE APPLICABLE FEDERAL POVERTY  LINE,  AS  DEFINED  AND
 UPDATED BY THE UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES;
   (V)  HAVE RESOURCES, AS DEFINED IN PARAGRAPH (E) OF SUBDIVISION TWO OF
 SECTION THREE HUNDRED SIXTY-SIX-C OF THIS TITLE, OTHER  THAN  RETIREMENT
 ACCOUNTS, THAT DO NOT EXCEED THREE HUNDRED THOUSAND DOLLARS;
   (VI) CONTRIBUTE TO THE COST OF MEDICAL ASSISTANCE PROVIDED PURSUANT TO
 THIS PARAGRAPH IN ACCORDANCE WITH PARAGRAPH (D) OF THIS SUBDIVISION; AND
   (VII)  MEET  SUCH  OTHER CRITERIA AS MAY BE ESTABLISHED BY THE COMMIS-
 SIONER AS MAY BE NECESSARY TO ADMINISTER THE PROVISIONS OF THIS SUBDIVI-
 SION IN AN EQUITABLE MANNER.
   (C) AN INDIVIDUAL AT LEAST SIXTEEN YEARS  OF  AGE  WHO:  IS  EMPLOYED;
 CEASES TO BE ELIGIBLE FOR PARTICIPATION IN SUCH WAIVER PURSUANT TO PARA-
 GRAPH  (B)  OF THIS SUBDIVISION BECAUSE THE PERSON, BY REASON OF MEDICAL
 IMPROVEMENT, IS DETERMINED AT THE TIME OF A REGULARLY SCHEDULED CONTINU-
 ING DISABILITY REVIEW TO NO LONGER BE CERTIFIED AS  DISABLED  UNDER  THE
 SOCIAL  SECURITY  ACT; CONTINUES TO HAVE A SEVERE MEDICALLY DETERMINABLE
 IMPAIRMENT, TO BE DETERMINED IN ACCORDANCE WITH APPLICABLE FEDERAL REGU-
 LATIONS; AND CONTRIBUTES TO THE  COST  OF  MEDICAL  ASSISTANCE  PROVIDED
 PURSUANT  TO  THIS  PARAGRAPH  IN  ACCORDANCE WITH PARAGRAPH (D) OF THIS
 SUBDIVISION, SHALL BE ELIGIBLE FOR PARTICIPATION  IN  SUCH  WAIVER.  FOR
 PURPOSES OF THIS PARAGRAPH, A PERSON IS CONSIDERED TO BE EMPLOYED IF THE
 PERSON IS EARNING AT LEAST THE APPLICABLE MINIMUM WAGE UNDER SECTION SIX
 OF THE FEDERAL FAIR LABOR STANDARDS ACT AND WORKING AT LEAST FORTY HOURS
 PER MONTH.
   (D)  PRIOR  TO RECEIVING MEDICAL ASSISTANCE PURSUANT TO SUCH WAIVER, A
 PERSON WHOSE NET AVAILABLE INCOME  IS  GREATER  THAN  OR  EQUAL  TO  TWO
 HUNDRED FIFTY PERCENT OF THE APPLICABLE FEDERAL POVERTY LINE SHALL PAY A
 MONTHLY PREMIUM, IN ACCORDANCE WITH A PROCEDURE TO BE ESTABLISHED BY THE
 S. 4007--A                         145                        A. 3007--A
 
 COMMISSIONER.  THE  AMOUNT OF SUCH PREMIUM FOR A PERSON WHOSE NET AVAIL-
 ABLE INCOME IS GREATER THAN OR EQUAL TO TWO HUNDRED FIFTY PERCENT OF THE
 APPLICABLE FEDERAL POVERTY LINE, BUT LESS THAN THREE HUNDRED PERCENT  OF
 THE  APPLICABLE  FEDERAL  POVERTY LINE SHALL BE THREE HUNDRED AND FORTY-
 SEVEN DOLLARS. THE AMOUNT OF SUCH PREMIUM FOR A PERSON WHOSE NET  AVAIL-
 ABLE  INCOME  IS  GREATER  THAN OR EQUAL TO THREE HUNDRED PERCENT OF THE
 APPLICABLE FEDERAL POVERTY LINE, BUT LESS THAN FOUR HUNDRED  PERCENT  OF
 THE  APPLICABLE  FEDERAL  POVERTY  LINE  SHALL  BE FIVE HUNDRED EIGHTEEN
 DOLLARS. THE AMOUNT OF SUCH PREMIUM FOR A  PERSON  WHOSE  NET  AVAILABLE
 INCOME  IS GREATER THAN OR EQUAL TO FOUR HUNDRED PERCENT OF THE APPLICA-
 BLE FEDERAL POVERTY LINE, BUT LESS THAN  FIVE  HUNDRED  PERCENT  OF  THE
 APPLICABLE  FEDERAL POVERTY LINE SHALL BE SEVEN HUNDRED AND SEVENTY-NINE
 DOLLARS. THE AMOUNT OF SUCH PREMIUM FOR A  PERSON  WHOSE  NET  AVAILABLE
 INCOME  IS EQUAL TO OR GREATER THAN FIVE HUNDRED PERCENT OF THE APPLICA-
 BLE FEDERAL POVERTY LINE SHALL BE ONE THOUSAND FOUR HUNDRED  AND  FORTY-
 EIGHT  DOLLARS.  NO  PREMIUM  SHALL  BE REQUIRED FROM A PERSON WHOSE NET
 AVAILABLE INCOME IS LESS THAN TWO HUNDRED FIFTY PERCENT OF THE  APPLICA-
 BLE FEDERAL POVERTY LINE.
   (E)  NOTWITHSTANDING  ANY OTHER PROVISION OF THIS SECTION OR ANY OTHER
 LAW TO THE CONTRARY, FOR  PURPOSES  OF  DETERMINING  MEDICAL  ASSISTANCE
 ELIGIBILITY FOR PERSONS SPECIFIED IN PARAGRAPH (B) OR (C) OF THIS SUBDI-
 VISION,  THE  INCOME AND RESOURCES OF RESPONSIBLE RELATIVES SHALL NOT BE
 DEEMED AVAILABLE FOR AS LONG AS THE PERSON MEETS THE CRITERIA  SPECIFIED
 IN THIS SUBDIVISION.
   § 2. This act shall take effect on January 1, 2025.
 
                                  PART O
 
   Section 1. Subdivisions 1, 15, 16, 17 and 18 of section 1399-aa of the
 public health law, subdivision 1 as amended by chapter 13 of the laws of
 2003, subdivisions 15, 16, 17 and 18 as added by section 2 of part EE of
 chapter  56 of the laws of 2020, are amended and two new subdivisions 19
 and 20 are added to read as follows:
   1. "Enforcement officer"  means  the  enforcement  officer  designated
 pursuant  to  article thirteen-E of this chapter to enforce such article
 and hold hearings pursuant thereto; provided that in a city with a popu-
 lation of more than one million it shall also mean an officer or employ-
 ee or any agency of such city that is authorized to  enforce  any  local
 law  of  such  city related to the regulation of the sale of CIGARETTES,
 tobacco products, OR VAPOR PRODUCTS to minors.
   15. "Listed or non-discounted price" means the price listed for  ciga-
 rettes,  tobacco  products,  or  vapor  products [intended or reasonably
 expected to be used with or for the consumption of nicotine,]  on  their
 packages or any related shelving, posting, advertising or display at the
 location  where  the  cigarettes,  tobacco  products,  or vapor products
 [intended or reasonably expected to be used with or for the  consumption
 of  nicotine,]  are  sold  or offered for sale, including all applicable
 taxes.
   16. "Retail dealer" means a person licensed  by  the  commissioner  of
 taxation  and  finance  to  sell  cigarettes, tobacco products, or vapor
 products [in this state], OR A PERSON OR  BUSINESS  REQUIRED  TO  OBTAIN
 SUCH LICENSE.
   17.  "Vapor  products" means any noncombustible liquid or gel, regard-
 less of the presence of nicotine therein, that is  manufactured  into  a
 finished  product  for  use  in an electronic [cigarette, including any]
 device THAT DELIVERS VAPOR  WHICH  IS  INHALED,  INCLUDING  ANY  REFILL,
 S. 4007--A                         146                        A. 3007--A
 
 CARTRIDGE,  DEVICE  OR COMPONENT THEREOF that contains OR IS INTENDED TO
 BE USED WITH such noncombustible liquid or gel.  "Vapor  product"  shall
 not  include any device, or any component thereof, that does not contain
 such noncombustible liquid or gel, or any product approved by the United
 States  [food and drug administration] FOOD AND DRUG ADMINISTRATION as a
 drug or medical device, or manufactured and dispensed pursuant to [title
 five-A of article thirty-three of this chapter] ARTICLE THREE,  FOUR  OR
 FIVE OF THE CANNABIS LAW.
   18. "Vapor products dealer" means a person licensed by the commission-
 er  of taxation and finance to sell vapor products [in this state], OR A
 PERSON OR BUSINESS REQUIRED TO OBTAIN SUCH LICENSE.
   19. "TOBACCO OR VAPOR SELLER" MEANS  A  PERSON,  SOLE  PROPRIETORSHIP,
 CORPORATION,  LIMITED LIABILITY COMPANY, PARTNERSHIP OR OTHER ENTERPRISE
 THAT MANUFACTURES, DISTRIBUTES, SELLS OR OFFERS TO SELL, WHETHER THROUGH
 RETAIL OR WHOLESALE, OR EXCHANGES OR OFFERS TO EXCHANGE, FOR ANY FORM OF
 CONSIDERATION, CIGARETTES, TOBACCO PRODUCTS,  OR  VAPOR  PRODUCTS.  THIS
 DEFINITION  IS  WITHOUT  REGARD  TO  THE QUANTITY OF CIGARETTES, TOBACCO
 PRODUCTS, OR VAPOR PRODUCTS MANUFACTURED, DISTRIBUTED, SOLD, OFFERED FOR
 SALE, EXCHANGED, OR OFFERED FOR EXCHANGE.
   20. "SMOKING PARAPHERNALIA" MEANS ANY PIPE, WATER PIPE, HOOKAH,  ROLL-
 ING  PAPERS,  VAPORIZER  OR  ANY  OTHER  DEVICE,  EQUIPMENT OR APPARATUS
 DESIGNED FOR THE INHALATION OF TOBACCO.
   § 2.  Subdivisions 1, 1-a, 2, 3, 4 and 5 of  section  1399-bb  of  the
 public health law, subdivisions 1, 2, 3, 4 and 5 as amended and subdivi-
 sion  1-a  as added by section 4 of part EE of chapter 56 of the laws of
 2020, are amended to read as follows:
   1. No retail dealer, or any  agent  or  employee  of  [a]  ANY  retail
 dealer,  engaged  in  the  business of selling or otherwise distributing
 tobacco products, vapor products [intended or reasonably expected to  be
 used  with or for the consumption of nicotine], or herbal cigarettes for
 commercial purposes[, or any agent or employee of such retail dealer, or
 any agent or employee of a retail dealer], shall knowingly, in  further-
 ance of such business:
   (a)  distribute  without  charge  any tobacco products, vapor products
 [intended or reasonably expected to be used with or for the  consumption
 of  nicotine], or herbal cigarettes to any individual, provided that the
 distribution of a package containing tobacco  products,  vapor  products
 [intended  or reasonably expected to be used with or for the consumption
 of nicotine], or herbal cigarettes  in  violation  of  this  subdivision
 shall  constitute  a  single  violation  without regard to the number of
 items in the package; or
   (b) distribute price reduction instruments which  are  redeemable  for
 tobacco  products, vapor products [intended or reasonably expected to be
 used with or for the consumption of nicotine], or herbal  cigarettes  to
 any  individual,  provided  that  this  subdivision  shall  not apply to
 coupons contained in newspapers, magazines or other  types  of  publica-
 tions,  coupons obtained through the purchase of tobacco products, vapor
 products [intended or reasonably expected to be used  with  or  for  the
 consumption  of nicotine], or herbal cigarettes or obtained at locations
 which sell tobacco products,  vapor  products  [intended  or  reasonably
 expected  to be used with or for the consumption of nicotine], or herbal
 cigarettes provided that such distribution is confined to  a  designated
 area or to coupons sent through the mail.
   1-a.  No retail dealer engaged in the business of selling or otherwise
 distributing tobacco products,  herbal  cigarettes,  or  vapor  products
 [intended  or reasonably expected to be used with or for the consumption
 S. 4007--A                         147                        A. 3007--A

 of nicotine] for commercial purposes, or any agent or employee  of  such
 retail dealer, shall knowingly, in furtherance of such business:
   (a)  honor  or  accept a price reduction instrument in any transaction
 related to the sale of tobacco products,  herbal  cigarettes,  or  vapor
 products  [intended  or  reasonably  expected to be used with or for the
 consumption of nicotine] to a consumer;
   (b) sell or offer for sale any tobacco products, herbal cigarettes, or
 vapor products [intended or reasonably expected to be used with  or  for
 the  consumption  of  nicotine]  to a consumer through any multi-package
 discount or otherwise provide to a consumer any tobacco products, herbal
 cigarettes, or vapor products [intended or  reasonably  expected  to  be
 used  with  or for the consumption of nicotine] for less than the listed
 price or non-discounted price in exchange for the purchase of any  other
 tobacco  products,  herbal  cigarettes,  or  vapor products [intended or
 reasonably expected to be used with or for the consumption of  nicotine]
 by such consumer;
   (c)  sell, offer for sale, or otherwise provide any product other than
 a tobacco product, herbal  cigarette,  or  vapor  product  [intended  or
 reasonably  expected to be used with or for the consumption of nicotine]
 to a consumer for less than the listed price or non-discounted price  in
 exchange  for  the  purchase  of a tobacco product, herbal cigarette, or
 vapor product [intended or reasonably expected to be used  with  or  for
 the consumption of nicotine] by such consumer; or
   (d)  sell,  offer  for  sale,  or otherwise provide a tobacco product,
 herbal cigarette, or vapor product [intended or reasonably  expected  to
 be  used with or for the consumption of nicotine] to a consumer for less
 than the listed price or non-discounted price.
   2. The prohibitions contained in subdivision one of this section shall
 not apply to the following locations:
   (a) private social functions when seating arrangements are  under  the
 control  of  the  sponsor  of  the function and not the owner, operator,
 manager or person in charge of such indoor area;
   (b) conventions and trade shows; provided  that  the  distribution  is
 confined  to  designated areas generally accessible only to persons over
 the age of twenty-one;
   (c) events sponsored by tobacco, vapor product [intended or reasonably
 expected to be used with or for the consumption of nicotine], or  herbal
 cigarette  manufacturers  provided  that the distribution is confined to
 designated areas generally accessible only to persons over  the  age  of
 twenty-one;
   (d)  bars  as  defined  in subdivision one of section thirteen hundred
 ninety-nine-n of this chapter;
   (e) tobacco businesses as defined  in  subdivision  eight  of  section
 thirteen hundred ninety-nine-aa of this article;
   (f)  factories  as  defined  in  subdivision  nine of section thirteen
 hundred ninety-nine-aa of this article and construction sites;  provided
 that the distribution is confined to designated areas generally accessi-
 ble only to persons over the age of twenty-one.
   3.  No retail dealer shall distribute tobacco products, vapor products
 [intended or reasonably expected to be used with or for the  consumption
 of  nicotine],  or herbal cigarettes at the locations set forth in para-
 graphs (b), (c) and (f) of subdivision two of this section  unless  such
 person gives five days written notice to the enforcement officer.
   4.  No  retail  dealer engaged in the business of selling or otherwise
 distributing [electronic cigarettes  or]  vapor  products  [intended  or
 reasonably  expected to be used with or for the consumption of nicotine]
 S. 4007--A                         148                        A. 3007--A
 
 for commercial purposes, or any agent or employee of such person,  shall
 knowingly,  in  furtherance  of such business, distribute without charge
 any [electronic cigarettes] VAPOR PRODUCTS to any individual under twen-
 ty-one years of age.
   5.  The  distribution  of  tobacco  products, [electronic cigarettes,]
 vapor products [intended or reasonably expected to be used with  or  for
 the  consumption of nicotine], or herbal cigarettes pursuant to subdivi-
 sion two of this section or the distribution without  charge  of  [elec-
 tronic  cigarettes,  or] vapor products [intended or reasonably expected
 to be used with or for the consumption of nicotine], shall be made  only
 to  an  individual  who  demonstrates, through (a) a driver's license or
 non-driver identification card issued by the commissioner of motor vehi-
 cles, the federal government, any United States territory, commonwealth,
 or possession, the District of Columbia, a state government  within  the
 United States, or a provincial government of the dominion of Canada, (b)
 a  valid  passport issued by the United States government or the govern-
 ment of any other country, or (c) an identification card issued  by  the
 armed  forces of the United States, indicating that the individual is at
 least twenty-one years of age. Such identification need not be  required
 of  any  individual  who  reasonably  appears to be at least twenty-five
 years of age; provided, however, that such appearance shall not  consti-
 tute a defense in any proceeding alleging the sale of a tobacco product,
 [electronic  cigarette,]  vapor product [intended or reasonably expected
 to be used with or for the consumption of nicotine], or herbal cigarette
 or the distribution without charge of [electronic cigarettes, or]  vapor
 products  [intended  or  reasonably  expected to be used with or for the
 consumption of nicotine to an individual].
   § 3. The section heading and subdivisions 1, 2, 3, 4 and 7 of  section
 1399-cc  of  the  public health law, the section heading, subdivisions 1
 and 4 as amended by chapter 542 of the laws of 2014, subdivisions  2,  3
 and 7 as amended by chapter 100 of the laws of 2019, are amended to read
 as follows:
   Sale  of  tobacco  products,  herbal  cigarettes,  [liquid  nicotine,]
 shisha, [rolling papers or] smoking paraphernalia, OR VAPOR PRODUCTS  to
 minors prohibited. 1. As used in this section:
   (a)  "A  device  capable  of  deciphering  any electronically readable
 format" or "device" shall mean any commercial device or  combination  of
 devices  used at a point of sale or entry that is capable of reading the
 information encoded on the bar code or  magnetic  strip  of  a  driver's
 license  or  non-driver  identification card issued by the state commis-
 sioner of motor vehicles;
   (b) "Card holder" means any person presenting a  driver's  license  or
 non-driver identification card to a licensee, or to the agent or employ-
 ee of such licensee under this chapter;
   (c) ["Smoking paraphernalia" means any pipe, water pipe, hookah, roll-
 ing  papers,  vaporizer  or  any  other  device,  equipment or apparatus
 designed for the inhalation of tobacco;
   (d)] "Transaction scan" means the process involving an  automated  bar
 code  reader  by  which  a  licensee, or agent or employee of a licensee
 under this chapter reviews a driver's license or non-driver  identifica-
 tion  card  presented  as a precondition for the purchase of [a] tobacco
 [product] PRODUCTS, VAPOR PRODUCTS, or  herbal  cigarettes  pursuant  to
 subdivision three of this section; and
   [(e)] (D) "Liquid nicotine", "electronic liquid" or "e-liquid" means a
 liquid  composed of nicotine and other chemicals, and which is sold as a
 product that may be used in an electronic cigarette.
 S. 4007--A                         149                        A. 3007--A
 
   2. Any person operating a place of business wherein tobacco  products,
 herbal  cigarettes, [liquid nicotine,] shisha or [electronic cigarettes]
 VAPOR PRODUCTS, are sold or offered for sale is prohibited from  selling
 such  TOBACCO  OR  VAPOR products, herbal cigarettes, [liquid nicotine,]
 shisha,  [electronic cigarettes] or smoking paraphernalia to individuals
 under twenty-one years of age, and shall post in a conspicuous  place  a
 sign  upon which there shall be imprinted the following statement, "SALE
 OF CIGARETTES, CIGARS, CHEWING TOBACCO, POWDERED TOBACCO, SHISHA,  VAPOR
 PRODUCTS,  OR  OTHER  TOBACCO PRODUCTS, HERBAL CIGARETTES, [LIQUID NICO-
 TINE, ELECTRONIC CIGARETTES, ROLLING PAPERS] OR  SMOKING  PARAPHERNALIA,
 TO  PERSONS  UNDER  TWENTY-ONE  YEARS OF AGE IS PROHIBITED BY LAW." Such
 sign shall be printed on a white card in red letters at  least  one-half
 inch in height.
   3.  Sale  of  tobacco  products, herbal cigarettes, [liquid nicotine,]
 shisha [or electronic cigarettes], OR VAPOR  PRODUCTS  in  such  places,
 other than by a vending machine, shall be made only to an individual who
 demonstrates, through (a) a valid driver's license or non-driver's iden-
 tification card issued by the commissioner of motor vehicles, the feder-
 al  government, any United States territory, commonwealth or possession,
 the District of Columbia, a state government within the United States or
 a provincial government of the dominion of Canada, or (b) a valid  pass-
 port issued by the United States government or any other country, or (c)
 an  identification card issued by the armed forces of the United States,
 indicating that the individual is at least twenty-one years of age. Such
 identification need not be required of  any  individual  who  reasonably
 appears to be at least twenty-five years of age, provided, however, that
 such  appearance shall not constitute a defense in any proceeding alleg-
 ing the sale of [a] tobacco [product,] PRODUCTS, VAPOR PRODUCTS,  herbal
 cigarettes,  [liquid  nicotine,] OR shisha [or electronic cigarettes] to
 an individual under twenty-one years of age.
   4. (a) Any person  operating  a  place  of  business  wherein  tobacco
 products,  VAPOR  PRODUCTS,  herbal  cigarettes,  [liquid  nicotine,] OR
 shisha [or electronic cigarettes] are  sold  or  offered  for  sale  may
 perform a transaction scan as a precondition for such purchases.
   (b)  In  any  instance  where the information deciphered by the trans-
 action scan fails to match  the  information  printed  on  the  driver's
 license  or  non-driver  identification card, or if the transaction scan
 indicates that the information is false  or  fraudulent,  the  attempted
 transaction shall be denied.
   (c)  In  any  proceeding  pursuant to section thirteen hundred ninety-
 nine-ee of this article, it shall be an affirmative  defense  that  such
 person had produced a driver's license or non-driver identification card
 apparently  issued by a governmental entity, successfully completed that
 transaction scan, and that the tobacco product,  VAPOR  PRODUCT,  herbal
 cigarettes or [liquid nicotine] SHISHA had been sold, delivered or given
 to such person in reasonable reliance upon such identification and tran-
 saction  scan.  In  evaluating  the  applicability  of  such affirmative
 defense the commissioner shall take into consideration any written poli-
 cy adopted and implemented by the seller to effectuate the provisions of
 this chapter. Use of a transaction scan  shall  not  excuse  any  person
 operating  a  place of business wherein tobacco products, VAPOR PRODUCT,
 herbal cigarettes, [liquid nicotine,] OR  shisha  [or  electronic  ciga-
 rettes]  are  sold,  or  the  agent or employee of such person, from the
 exercise of reasonable diligence otherwise  required  by  this  chapter.
 Notwithstanding the above provisions, any such affirmative defense shall
 S. 4007--A                         150                        A. 3007--A
 
 not  be  applicable in any civil or criminal proceeding, or in any other
 forum.
   7.  No  person operating a place of business wherein tobacco products,
 VAPOR PRODUCTS, herbal cigarettes,  [liquid  nicotine,]  OR  shisha  [or
 electronic  cigarettes]  are sold or offered for sale shall sell, permit
 to be sold, offer for sale or display  for  sale  any  tobacco  product,
 VAPOR PRODUCT, herbal cigarettes, [liquid nicotine,] OR shisha [or elec-
 tronic  cigarettes]  in  any manner, unless such products and cigarettes
 are stored for sale (a) behind a counter in an area accessible  only  to
 the  personnel of such business, or (b) in a locked container; provided,
 however, such restriction shall not  apply  to  tobacco  businesses,  as
 defined  in subdivision eight of section thirteen hundred ninety-nine-aa
 of this article, and to places  to  which  admission  is  restricted  to
 persons twenty-one years of age or older.
   §  4.  Section 1399-dd of the public health law, as amended by chapter
 448 of the laws of 2012, subdivision (d) as amended by  chapter  100  of
 the laws of 2019, is amended to read as follows:
   §  1399-dd. Sale of tobacco products, herbal cigarettes or [electronic
 cigarettes] VAPOR PRODUCTS in vending machines. No person,  firm,  part-
 nership,  company  or  corporation shall operate a vending machine which
 dispenses tobacco products, herbal cigarettes or [electronic cigarettes]
 VAPOR PRODUCTS unless such machine is located: (a) in a bar  as  defined
 in  subdivision  one  of  section thirteen hundred ninety-nine-n of this
 chapter, or the bar area of a food service establishment with  a  valid,
 on-premises full liquor license; (b) in a private club; (c) in a tobacco
 business  as  defined  in  subdivision eight of section thirteen hundred
 ninety-nine-aa of this article; or (d) in a place  of  employment  which
 has  an  insignificant  portion  of  its  regular workforce comprised of
 people under the age of twenty-one years and only in such locations that
 are not accessible to the general public;  provided,  however,  that  in
 such  locations  the  vending machine is located in plain view and under
 the direct supervision and control  of  the  person  in  charge  of  the
 location or [his or her] THEIR designated agent or employee.
   § 5. The section heading and subdivisions 1 and 2 of section 1399-dd-1
 of  the  public health law, as added by section 13 of part EE of chapter
 56 of the laws of 2020, are amended to read as follows:
   Public display of tobacco AND VAPOR product [and electronic cigarette]
 advertisements and smoking paraphernalia prohibited. 1. For purposes  of
 this section[:
   (a)  "Advertisement"]  "ADVERTISEMENT"  means  words, pictures, photo-
 graphs, symbols, graphics or visual images of any kind, or any  combina-
 tion  thereof,  which bear a health warning required by federal statute,
 the purpose or effect of which is to identify a brand of a tobacco    OR
 VAPOR  product,  [electronic  cigarette,  or  vapor  product intended or
 reasonably expected to be used with or for the consumption of nicotine],
 a trademark of a tobacco OR VAPOR  product,  [electronic  cigarette,  or
 vapor product intended or reasonably expected to be used with or for the
 consumption  of  nicotine or] a trade name associated exclusively with a
 tobacco OR  VAPOR  product,  [electronic  cigarette,  or  vapor  product
 intended  or  reasonably expected to be used with or for the consumption
 of nicotine] or to promote the use or sale of a tobacco OR  VAPOR  prod-
 uct[,  electronic  cigarette,  or  vapor  product intended or reasonably
 expected to be used with or for the consumption of nicotine.
   (b) "Smoking paraphernalia" means any pipe, water pipe, hookah,  roll-
 ing  papers, electronic cigarette, vaporizer or any other device, equip-
 ment or apparatus designed for the inhalation of tobacco or nicotine.
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   (c) "Vapor product" means any vapor product,  as  defined  by  section
 thirteen  hundred ninety-nine-aa of this article, intended or reasonably
 expected to be used with or for the consumption of nicotine.
   (d)  "Tobacco  products" shall have the same meaning as in subdivision
 five of section thirteen hundred ninety-nine-aa of this article.
   (e) "Electronic cigarette" shall have the same meaning as in  subdivi-
 sion  thirteen  of section thirteen hundred ninety-nine-aa of this arti-
 cle].
   2. (a) No person, corporation, partnership, sole  proprietor,  limited
 partnership,  association  or any other business entity may place, cause
 to be placed, maintain or to cause to be maintained,  smoking  parapher-
 nalia  [or],  tobacco  product, [electronic cigarette,] or vapor product
 [intended or reasonably expected to be used with or for the  consumption
 of  nicotine]  advertisements in a store front or exterior window or any
 door which is used for entry or egress by the public to the building  or
 structure  containing  a  place  of  business  within  one thousand five
 hundred feet of a school, provided that within New York city such prohi-
 bitions shall only apply within five hundred feet of a school.
   (b) Any person, corporation,  partnership,  sole  proprietor,  limited
 partnership,  association  or  any other business entity in violation of
 this section shall be subject to a civil penalty of not more  than  five
 hundred  dollars  for  a  first violation and not more than one thousand
 dollars for a second or subsequent violation.
   § 6. Subdivisions 2, 3 and 4 of section 1399-ee of the  public  health
 law,  subdivision  2  and  paragraphs  (e)  and  (f) of subdivision 3 as
 amended by section 6 of part EE of chapter 56 of the laws  of  2020  and
 subdivisions  3 and 4 as amended by chapter 162 of the laws of 2002, are
 amended to read as follows:
   2. If the enforcement  officer  determines  after  a  hearing  that  a
 violation  of  this article has occurred, [he or she] OR THAT A STATE OR
 LOCAL HEALTH OFFICIAL WAS DENIED ACCESS TO A RETAIL STORE INCLUDING  ALL
 PRODUCT DISPLAY AND STORAGE AREAS, FOR THE PURPOSE OF EVALUATING COMPLI-
 ANCE  WITH  THIS ARTICLE, THEY shall impose a civil penalty of a minimum
 of three hundred dollars, but not to exceed one  thousand  five  hundred
 dollars  for  a  first violation, and a minimum of one thousand dollars,
 but not to exceed two thousand five hundred dollars for each  subsequent
 violation,  unless  a  different  penalty  is otherwise provided in this
 article. The enforcement officer shall advise  the  retail  dealer  that
 upon  the  accumulation of three or more points pursuant to this section
 the department of taxation and finance shall suspend the dealer's regis-
 tration. If the enforcement officer determines after a  hearing  that  a
 retail  dealer  was selling tobacco OR VAPOR products while their regis-
 tration was suspended or permanently  revoked  pursuant  to  subdivision
 three  or  four  of  this section, [he or she] THEY shall impose a civil
 penalty of twenty-five hundred dollars.
   3. (a) Imposition of points. If the  enforcement  officer  determines,
 after  a  hearing, that the retail dealer violated subdivision [one] TWO
 of section thirteen hundred ninety-nine-cc of this article with  respect
 to  a prohibited sale to a minor, [he or she] THEY shall, in addition to
 imposing any other  penalty  required  or  permitted  pursuant  to  this
 section, assign two points to the retail dealer's record where the indi-
 vidual  who  committed  the  violation  did  not  hold  a certificate of
 completion from a state certified tobacco sales training program and one
 point where the retail dealer demonstrates that the person who committed
 the violation held a certificate of completion from  a  state  certified
 tobacco sales training program.
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   (b)  Revocation.  If the enforcement officer determines, after a hear-
 ing, that a retail dealer has violated this article four times within  a
 three  year  time  frame [he or she] THEY shall, in addition to imposing
 any other penalty required or permitted  by  this  section,  direct  the
 commissioner of taxation and finance to revoke the dealer's registration
 for one year.
   (c)  Duration  of  points. Points assigned to a retail dealer's record
 shall be assessed for a period of thirty-six  months  beginning  on  the
 first day of the month following the assignment of points.
   (d) Reinspection. Any retail dealer who is assigned points pursuant to
 paragraph  (a)  of  this  subdivision  shall be reinspected at least two
 times a year by  the  enforcement  officer  until  points  assessed  are
 removed from the retail dealer's record.
   (e)  Suspension. If the department determines that a retail dealer has
 accumulated three points  or  more,  the  department  shall  direct  the
 commissioner  of taxation and finance to suspend such dealer's registra-
 tion for one year. The three points serving as the basis for  a  suspen-
 sion shall be erased upon the completion of the one year penalty.
   (f) Surcharge. A two hundred fifty dollar surcharge to be assessed for
 every violation will be made available to enforcement officers and shall
 be  used  solely  for  compliance  checks  to  be conducted to determine
 compliance with this section.
   4. (a) If the enforcement officer determines, after a hearing, that  a
 retail  dealer  has  violated  this article while their registration was
 suspended pursuant to subdivision three of this section, [he or she] THE
 ENFORCEMENT OFFICER shall, in addition to  imposing  any  other  penalty
 required  or permitted by this section, direct the commissioner of taxa-
 tion and finance to permanently revoke the dealer's registration and not
 permit the dealer to obtain a new registration.
   (b) If the enforcement officer determines, after  a  hearing,  that  a
 vending  machine operator has violated this article three times within a
 two year period, or four or more times cumulatively  [he  or  she]  THEY
 shall,  in  addition to imposing any other penalty required or permitted
 by this section, direct the commissioner  of  taxation  and  finance  to
 suspend the vendor's registration for one year and not permit the vendor
 to obtain a new registration for such period.
   §  7.  Subdivision  1  of section 1399-ff of the public health law, as
 amended by chapter 100 of the laws  of  2019,  is  amended  to  read  as
 follows:
   1.  Where  a  civil  penalty  for  a  particular incident has not been
 imposed or an enforcement action regarding an alleged  violation  for  a
 particular  incident is not pending under section thirteen hundred nine-
 ty-nine-ee of this article, a parent or guardian of a person under twen-
 ty-one years of age to whom  tobacco  products,  herbal  cigarettes  [or
 electronic  cigarettes],  OR  VAPOR  PRODUCTS are sold or distributed in
 violation of this article may submit a complaint to an enforcement offi-
 cer setting forth the name and address of the alleged violator, the date
 of the alleged violation, the name and address of  the  complainant  and
 the person under twenty-one years of age, and a brief statement describ-
 ing  the  alleged  violation.  The  enforcement officer shall notify the
 alleged  violator  by  certified  or  registered  mail,  return  receipt
 requested, that a complaint has been submitted, and shall set a date, at
 least  fifteen  days  after the mailing of such notice, for a hearing on
 the complaint.  Such notice shall contain the information  submitted  by
 the complainant.
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   §  8.  Subdivision  1  of section 1399-gg of the public health law, as
 amended by chapter 513 of the laws  of  2004,  is  amended  to  read  as
 follows:
   1.  All  tobacco cigarettes OR VAPOR PRODUCTS sold or offered for sale
 by a retail dealer shall be sold or offered for  sale  in  the  package,
 box,  carton  or other container provided by the manufacturer, importer,
 or packager which bears all health warnings required by applicable law.
   § 9.  The opening paragraph and subdivision 3 of  section  1399-hh  of
 the  public health law, as amended by section 8 of part EE of chapter 56
 of the laws of 2020, are amended to read as follows:
   The commissioner shall develop, plan  and  implement  a  comprehensive
 program  to  reduce  the  prevalence of tobacco [use, and vapor product,
 intended or reasonably expected to be used with or for  the  consumption
 of nicotine,] AND VAPOR PRODUCT use particularly among persons less than
 twenty-one  years of age. This program shall include, but not be limited
 to, support for enforcement of this article.
   3. Monies made available to  enforcement  officers  pursuant  to  this
 section  shall  only  be  used  for  local  tobacco  and vapor product[,
 intended or reasonably expected to be used with or for  the  consumption
 of nicotine,] enforcement activities approved by the commissioner.
   §  10.   Subdivision 2 of section 1399-ii of the public health law, as
 amended by section 12 of part EE of chapter 56 of the laws of  2020,  is
 amended to read as follows:
   2.  The  department  shall  support  tobacco  and  vapor  product  use
 prevention and control activities including, but not limited to:
   (a) Community programs to prevent and reduce tobacco use through local
 involvement and partnerships;
   (b) School-based programs to prevent and reduce tobacco use and use of
 vapor products;
   (c) Marketing and advertising to discourage tobacco AND vapor  product
 [and liquid nicotine] use;
   (d) Nicotine cessation programs for youth and adults;
   (e)  Special  projects to reduce the disparities in smoking prevalence
 among various populations;
   (f)  Restriction  of  youth  access  to  tobacco  products  and  vapor
 products;
   (g) Surveillance of smoking and vaping rates; and
   (h)  Any  other activities determined by the commissioner to be neces-
 sary to implement the provisions of this section.
   Such programs shall be selected by the commissioner through an  appli-
 cation process which takes into account whether a program utilizes meth-
 ods  recognized  as  effective  in  reducing [nicotine] TOBACCO OR VAPOR
 PRODUCT use. Eligible applicants may include, but not be limited  to,  a
 health  care  provider, schools, a college or university, a local public
 health department, a public health organization, a health care  provider
 organization,  association  or  society,  municipal  corporation,  or  a
 professional education organization.
   § 11.  Section 1399-ii-1 of the public health law, as added by section
 11 of part EE of chapter 56 of the laws of 2020, is amended to  read  as
 follows:
   §   1399-ii-1.   [Electronic   cigarette  and  vaping]  VAPOR  PRODUCT
 prevention, awareness and control program. The  commissioner  shall,  in
 consultation  and  collaboration  with  the  commissioner  of education,
 establish and develop [an electronic cigarette and vaping] A VAPOR PROD-
 UCT prevention, control and awareness  program  within  the  department.
 Such  program  shall be designed to educate students, parents and school
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 personnel about the health risks associated with vapor product  use  and
 control  measures to reduce the prevalence of vaping, particularly among
 persons less than twenty-one years of age.  Such program shall  include,
 but  not  be  limited  to, the creation of age-appropriate instructional
 tools and materials that may be used by all schools, and  marketing  and
 advertising materials to discourage [electronic cigarette] VAPOR PRODUCT
 use.
   § 12.  Subdivisions 1, 2 and 3 of section 1399-jj of the public health
 law,  as  amended  by  section 9 of part EE of chapter 56 of the laws of
 2020, are amended to read as follows:
   1. The commissioner shall evaluate the effectiveness of the efforts by
 state and local governments to reduce the use of  tobacco  products  and
 vapor  products[, intended or reasonably expected to be used with or for
 the consumption of nicotine,] among minors  and  adults.  The  principal
 measurements  of  effectiveness  shall include negative attitudes toward
 tobacco and vapor products[, intended or reasonably expected to be  used
 with  or  for the consumption of nicotine,] use and reduction of tobacco
 and vapor products[, intended or reasonably expected to be used with  or
 for  the consumption of nicotine,] use among the general population, and
 given target populations.
   2. The commissioner shall ensure that, to the extent practicable,  the
 most current research findings regarding mechanisms to reduce and change
 attitudes  toward  tobacco  and  vapor products[, intended or reasonably
 expected to be used with or for the consumption of  nicotine,]  use  are
 used  in  tobacco and vapor product[, intended or reasonably expected to
 be used with or for the consumption  of  nicotine,]  education  programs
 administered by the department.
   3.  To  diminish  tobacco  and  vapor product[, intended or reasonably
 expected to be used with or for the consumption of nicotine,] use  among
 minors  and  adults,  the  commissioner shall ensure that, to the extent
 practicable, the following is achieved: The department shall conduct  an
 independent  evaluation  of  the  statewide  tobacco  use prevention and
 control program under section thirteen hundred  ninety-nine-ii  of  this
 article.  The purpose of this evaluation is to direct the most efficient
 allocation of state resources devoted to  tobacco  and  vapor  product[,
 intended  or  reasonably expected to be used with or for the consumption
 of  nicotine],  education  and  cessation  to  accomplish  the   maximum
 prevention  and  reduction  of  tobacco  and vapor product[, intended or
 reasonably expected to be used with or for the consumption of nicotine,]
 use among minors and adults. Such evaluation shall be  provided  to  the
 governor,  the  majority  leader  of  the  senate and the speaker of the
 assembly on or before September first, two thousand one, and annually on
 or before such date  thereafter.  The  comprehensive  evaluation  design
 shall be guided by the following:
   (a)  sound  evaluation  principles  including, to the extent feasible,
 elements of controlled experimental methods;
   (b) an evaluation  of  the  comparative  effectiveness  of  individual
 program  designs  which  shall  be used in funding decisions and program
 modifications; and
   (c) an evaluation of other  programs  identified  by  state  agencies,
 local lead agencies, and federal agencies.
   §  13.  The  opening paragraph and subdivision 2 of section 1399-kk of
 the public health law, as amended by section 10 of part EE of chapter 56
 of the laws of 2020, are amended to read as follows:
   The commissioner shall submit to the governor and the  legislature  an
 interim  tobacco control report and annual tobacco control reports which
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 shall describe the extent of the  use  of  tobacco  products  and  vapor
 products[,  intended  or  reasonably expected to be used with or for the
 consumption of nicotine,] by those under twenty-one years of age in  the
 state and document the progress state and local governments have made in
 reducing such use among those under twenty-one years of age.
   2.  The  commissioner shall submit to the governor and the legislature
 an annual tobacco and vapor products[, intended or  reasonably  expected
 to  be  used  with  or  for the consumption of nicotine,] control report
 which shall describe the extent of the use of tobacco products and vapor
 products[, intended or reasonably expected to be used with  or  for  the
 consumption  of nicotine,] by those under twenty-one years of age in the
 state and document the progress state and local governments have made in
 reducing such use among those under twenty-one years of age. The  annual
 report  shall  be  submitted  to  the governor and the legislature on or
 before March thirty-first of each year beginning on March  thirty-first,
 nineteen  hundred  ninety-nine.  The  annual report shall, to the extent
 practicable, include the following information on  a  county  by  county
 basis:
   (a)  number  of  licensed and registered tobacco retailers and vendors
 and licensed vapor products dealers;
   (b) the names and addresses of retailers and  vendors  who  have  paid
 fines, or have been otherwise penalized, due to enforcement actions;
   (c)  the  number  of  complaints filed against licensed and registered
 tobacco retailers and licensed vapor products dealers;
   (d) the number of fires caused or believed to  be  caused  by  tobacco
 products and vapor products[, intended or reasonably expected to be used
 with  or  for  the  consumption  of  nicotine,]  and deaths and injuries
 resulting therefrom;
   (e) the number and type of compliance checks conducted;
   (f) a survey of attitudes and behaviors regarding  tobacco  use  among
 those  under  twenty-one  years of age. The initial such survey shall be
 deemed to constitute the baseline survey;
   (g) the number of tobacco and vapor product[, intended  or  reasonably
 expected  to be used with or for the consumption of nicotine,] users and
 estimated trends in tobacco and vapor product[, intended  or  reasonably
 expected  to be used with or for the consumption of nicotine,] use among
 those under twenty-one years of age;
   (h) annual tobacco and vapor product[, intended or reasonably expected
 to be used with or for the consumption of nicotine,] sales;
   (i) tax revenue collected from the sale of tobacco products and  vapor
 products[,  intended  or  reasonably expected to be used with or for the
 consumption of nicotine];
   (j) the number of licensed tobacco retail outlets and  licensed  vapor
 products dealers;
   (k) the number of cigarette vending machines;
   (l) the number and type of compliance checks;
   (m)  the  names  of  entities  that have paid fines due to enforcement
 actions; and
   (n) the number of complaints filed  against  licensed  tobacco  retail
 outlets and licensed vapor products dealers.
   The annual tobacco and vapor product[, intended or reasonably expected
 to  be  used  with  or  for the consumption of nicotine,] control report
 shall, to the extent practicable, include the following information:
   (a) tobacco and vapor product[, intended or reasonably expected to  be
 used with or for the consumption of nicotine,] control efforts sponsored
 by  state  government  agencies  including  money spent to educate those
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 under twenty-one years of age on the hazards of tobacco and vapor  prod-
 uct[,  intended  or  reasonably  expected  to  be  used  with or for the
 consumption of nicotine,] use;
   (b) recommendations for improving tobacco and vapor product[, intended
 or  reasonably  expected to be used with or for the consumption of nico-
 tine,] control efforts in the state; and
   (c) such other information as the commissioner deems appropriate.
   § 14.  Subdivisions 1-a, 2, 3, 4, 5 and 6 of section  1399-ll  of  the
 public health law, subdivisions 2, 3, 4, 5 and 6 as amended and subdivi-
 sion  1-a  as added by section 3 of part EE of chapter 56 of the laws of
 2020, are amended to read as follows:
   1-a. It shall be unlawful for any person engaged in  the  business  of
 selling vapor products to ship or cause to be shipped any vapor products
 [intended  or reasonably expected to be used with or for the consumption
 of nicotine] to any person in this state who is not: (a) a  person  that
 receives  a certificate of registration as a vapor products dealer under
 article [twenty eight-C] TWENTY-EIGHT-C of the tax law;  (b)  an  export
 warehouse proprietor pursuant to chapter 52 of the internal revenue code
 or an operator of a customs bonded warehouse pursuant to section 1311 or
 1555  of  title  19 of the United States Code; or (c) a person who is an
 officer, employee or agent of the United States government,  this  state
 or a department, agency, instrumentality or political subdivision of the
 United  States  or this state and presents [himself or herself] THEMSELF
 as such, when such person is acting in  accordance  with  [his  or  her]
 THEIR  official  duties. For purposes of this subdivision, a person is a
 licensed or registered agent or dealer described  in  paragraph  (a)  of
 this  subdivision  if  [his  or  her]  THEIR  name  appears on a list of
 licensed or registered agents or vapor product dealers published by  the
 department  of  taxation  and  finance, or if such person is licensed or
 registered as an agent or dealer under article [twenty eight-C]  TWENTY-
 EIGHT-C of the tax law.
   2. It shall be unlawful for any common or contract carrier to knowing-
 ly  transport cigarettes to any person in this state reasonably believed
 by such carrier to be other than a person described  in  paragraph  (a),
 (b)  or  (c)  of  subdivision  one  of this section. For purposes of the
 preceding sentence, if cigarettes are transported to  a  home  or  resi-
 dence,  it  shall  be  presumed that the common or contract carrier knew
 that such person was not a person described in paragraph (a), (b) or (c)
 of subdivision one of this section. It shall be unlawful for  any  other
 person  to  knowingly  transport cigarettes to any person in this state,
 other than to a person described in paragraph (a), (b) or (c) of  subdi-
 vision  one  of  this  section.  Nothing  in  this  subdivision shall be
 construed to prohibit a person other than a common or  contract  carrier
 from transporting not more than eight hundred cigarettes at any one time
 to  any  person  in  this  state. It shall be unlawful for any common or
 contract carrier to knowingly  transport  vapor  products  [intended  or
 reasonably  expected to be used with or for the consumption of nicotine]
 to any person in this state reasonably believed by such  carrier  to  be
 other  than  a person described in paragraph (a), (b) or (c) of subdivi-
 sion one-a of this section. For purposes of the preceding  sentence,  if
 vapor  products  [intended or reasonably expected to be used with or for
 the consumption of nicotine] are transported to a home or residence,  it
 shall  be  presumed  that  the common or contract carrier knew that such
 person was not a person described in paragraph (a), (b) or (c) of subdi-
 vision one-a of this section. It shall be unlawful for any other  person
 to  knowingly  transport vapor products [intended or reasonably expected
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 to be used with or for the consumption of nicotine]  to  any  person  in
 this  state,  other  than to a person described in paragraph (a), (b) or
 (c) of subdivision one of this  section.  Nothing  in  this  subdivision
 shall  be construed to prohibit a person other than a common or contract
 carrier from transporting vapor products, provided that  the  amount  of
 vapor  products  [intended or reasonably expected to be used with or for
 the consumption of nicotine] shall not exceed the lesser of 500 millili-
 ters, or a total nicotine content of 3 grams at  any  one  time  to  any
 person in this state.
   3.  When  a person engaged in the business of selling cigarettes ships
 or causes to be shipped any cigarettes to  any  person  in  this  state,
 other  than  in the cigarette manufacturer's original container or wrap-
 ping, the container or wrapping must be plainly and visibly marked  with
 the  word "cigarettes". When a person engaged in the business of selling
 vapor products  ships  or  causes  to  be  shipped  any  vapor  products
 [intended  or reasonably expected to be used with or for the consumption
 of nicotine] to any person in  this  state,  other  than  in  the  vapor
 products manufacturer's original container or wrapping, the container or
 wrapping  must  be  plainly  and  visibly  marked  with the words "vapor
 products".
   4. Whenever a police officer designated in section 1.20 of the  crimi-
 nal  procedure  law or a peace officer designated in subdivision four of
 section 2.10 of such law, acting pursuant to [his or her] THEIR  special
 duties,  shall  discover  any  cigarettes or vapor products [intended or
 reasonably expected to be used with or for the consumption of  nicotine]
 which  have  been or which are being shipped or transported in violation
 of this section, such person is hereby empowered and authorized to seize
 and take possession of such cigarettes or vapor  products  [intended  or
 reasonably expected to be used with or for the consumption of nicotine],
 and  such  cigarettes or vapor products [intended or reasonably expected
 to be used with or for the consumption of nicotine] shall be subject  to
 a  forfeiture  action pursuant to the procedures provided for in article
 thirteen-A of the civil practice law  and  rules,  as  if  such  article
 specifically  provided  for  forfeiture  of cigarettes or vapor products
 [intended or reasonably expected to be used with or for the  consumption
 of nicotine] seized pursuant to this section as a pre-conviction forfei-
 ture crime.
   5.  Any  person who violates the provisions of subdivision one, one-a,
 or two of this section shall be guilty of a class A misdemeanor and  for
 a second or subsequent violation shall be guilty of a class E felony. In
 addition to the criminal penalty, any person who violates the provisions
 of subdivision one, one-a, two or three of this section shall be subject
 to  a  civil  penalty  not  to  exceed  the greater of (a) five thousand
 dollars for each such violation; (b) one hundred dollars for  each  pack
 of  cigarettes shipped, caused to be shipped or transported in violation
 of such subdivision; or (c) one hundred dollars for each  vapor  product
 [intended  or reasonably expected to be used with or for the consumption
 of nicotine] shipped, caused to be shipped or transported  in  violation
 of such subdivision.
   6.  The  attorney  general  may  bring  an action to recover the civil
 penalties provided by subdivision five of  this  section  and  for  such
 other  relief  as  may be deemed necessary. In addition, the corporation
 counsel of any political subdivision that imposes a tax on cigarettes or
 vapor products [intended or reasonably expected to used with or for  the
 consumption of nicotine] may bring an action to recover the civil penal-
 ties  provided  by  subdivision  five of this section and for such other
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 relief as may be deemed necessary with  respect  to  any  cigarettes  or
 vapor  products  [intended or reasonably expected to be used with or for
 the consumption of nicotine] shipped, caused to  be  shipped  or  trans-
 ported  in  violation  of this section to any person located within such
 political subdivision. All civil penalties obtained in any  such  action
 shall  be  retained  by the state or political subdivision bringing such
 action, provided that no person shall be required to pay civil penalties
 to both the state and a political subdivision with respect to  the  same
 violation of this section.
   § 15.  Paragraph (a) of subdivision 2 of section 1399-mm of the public
 health  law,  as added by chapter 549 of the laws of 2003, is amended to
 read as follows:
   (a) The provisions of subdivision one of this section shall not  apply
 to  a tobacco business, as defined in SUBDIVISION EIGHT OF section thir-
 teen hundred [ninety-nine-n] NINETY-NINE-AA of this [chapter] ARTICLE.
   § 16. Section 1399-mm-1 of the public health law, as added by  section
 1  of  part  EE of chapter 56 of the laws of 2020, is amended to read as
 follows:
   § 1399-mm-1. Sale of flavored products prohibited. 1. For the purposes
 of this section "flavored" shall  mean  any  vapor  OR  TOBACCO  product
 [intended  or reasonably expected to be used with or for the consumption
 of nicotine,] with a [distinguishable] taste [or], aroma, OR  SENSATION,
 DISTINGUISHABLE  BY  AN ORDINARY CONSUMER, other than the taste or aroma
 of tobacco, imparted either prior to or during consumption of such prod-
 uct or a component part thereof, including but not limited to tastes  or
 aromas  relating  to any fruit, chocolate, vanilla, honey, candy, cocoa,
 dessert, alcoholic beverage, mint, wintergreen, menthol, herb or  spice,
 or any concept flavor that imparts a taste or aroma that is distinguish-
 able  from  tobacco  flavor  but  may not relate to any particular known
 flavor, OR A COOLING OR NUMBING SENSATION IMPARTED DURING CONSUMPTION OF
 A TOBACCO OR VAPOR PRODUCT. THIS SHALL NOT INCLUDE ANY PRODUCT  APPROVED
 BY  THE  UNITED STATES FOOD AND DRUG ADMINISTRATION AS A DRUG OR MEDICAL
 DEVICE.  A vapor OR TOBACCO product [intended or reasonably expected  to
 be  used  with or for the consumption of nicotine,] shall be presumed to
 be flavored if a product's PACKAGING OR LABELING, OR  IF  THE  PRODUCT'S
 retailer,  manufacturer, or a manufacturer's agent or employee, has made
 a statement or claim  directed  to  consumers  or  the  public,  whether
 expressed  or  implied,  that such product or device has a [distinguish-
 able] taste [or], aroma, OR SENSATION, AS DISTINGUISHABLE BY  THE  ORDI-
 NARY  CONSUMER, other than the taste [or], aroma, OR SENSATION of tobac-
 co.
   2. No vapor products dealer, OR RETAIL DEALER,  OR  TOBACCO  OR  VAPOR
 SELLER,  or  any  agent  or  employee of a vapor products dealer, RETAIL
 DEALER, OR A TOBACCO OR VAPOR SELLER, shall sell or offer for  sale  [at
 retail in the state], OR EXCHANGE OR OFFER FOR EXCHANGE, FOR ANY FORM OF
 CONSIDERATION,  any  flavored  vapor  OR  TOBACCO  product  [intended or
 reasonably expected to be used with or for the consumption of nicotine],
 WHETHER THROUGH RETAIL OR WHOLESALE.
   3.  NO VAPOR PRODUCTS DEALER, RETAIL DEALER, OR TOBACCO OR VAPOR SELL-
 ER OR ANY AGENT OR EMPLOYEE OF A VAPOR PRODUCTS DEALER,  RETAIL  DEALER,
 OR  TOBACCO  OR VAPOR SELLER, ACTING IN THE CAPACITY THEREOF, SHALL KEEP
 IN  INVENTORY,  STORE,  STOW,  WAREHOUSE,  PROCESS,  PACKAGE,  SHIP,  OR
 DISTRIBUTE  FLAVORED  VAPOR OR TOBACCO PRODUCTS ANYWHERE IN, OR ADJACENT
 TO, A PLACE OF BUSINESS  WHERE  VAPOR  OR  TOBACCO  PRODUCTS  ARE  SOLD,
 OFFERED  FOR  SALE,  EXCHANGED, OR OFFERED FOR EXCHANGE, FOR ANY FORM OF
 CONSIDERATION, AT RETAIL.
 S. 4007--A                         159                        A. 3007--A
 
   4. Any vapor products dealer, RETAIL DEALER, OR TOBACCO OR VAPOR SELL-
 ER, or any agent or employee of a vapor products dealer, RETAIL  DEALER,
 OR  TOBACCO OR VAPOR SELLER, who violates the provisions of this section
 shall be subject to a civil penalty of not more than one hundred dollars
 for  each  individual  package  of  flavored  vapor  OR  TOBACCO product
 [intended or reasonably expected to be used with or for the  consumption
 of  nicotine  sold  or  offered  for  sale, provided, however, that with
 respect to a manufacturer, it shall be an affirmative defense to a find-
 ing of violation pursuant to this section that such  sale  or  offer  of
 sale,  as  applicable, occurred without the knowledge, consent, authori-
 zation, or involvement, direct or indirect, of such  manufacturer]  SOLD
 OR  OFFERED FOR SALE, OR EXCHANGED OR OFFERED FOR EXCHANGE, FOR ANY FORM
 OF CONSIDERATION, WHETHER THROUGH RETAIL OR WHOLESALE, OR KEPT IN INVEN-
 TORY, STORED,  STOWED,  WAREHOUSED,  PROCESSED,  PACKAGED,  SHIPPED,  OR
 DISTRIBUTED ANYWHERE IN, OR ADJACENT TO, A PLACE OF BUSINESS WHERE VAPOR
 OR  TOBACCO  PRODUCTS  ARE SOLD, OFFERED FOR SALE, EXCHANGED, OR OFFERED
 FOR EXCHANGE, FOR ANY FORM OF CONSIDERATION, AT RETAIL.   Violations  OF
 THE  PROVISIONS  of this section shall be enforced pursuant to [section]
 SECTIONS thirteen hundred ninety-nine-ff AND  THIRTEEN  HUNDRED  NINETY-
 NINE-EE  of  this  article,  [except  that  any] PROVIDED, HOWEVER, THAT
 VIOLATIONS OF THE PROVISIONS OF THIS SECTION MAY ALSO BE ENFORCED BY THE
 COMMISSIONER. ANY person may submit a complaint to an enforcement  offi-
 cer that a violation of this section has occurred.
   [4.  The  provisions  of  this  section  shall  not apply to any vapor
 products dealer, or any agent or employee of a  vapor  products  dealer,
 who  sells  or  offers  for  sale, or who possess with intent to sell or
 offer for sale,  any  flavored  vapor  product  intended  or  reasonably
 expected  to  be  used  with or for the consumption of nicotine that the
 U.S. Food and Drug Administration has authorized to  legally  market  as
 defined  under 21 U.S.C. § 387j and that has received a premarket review
 approval order under 21 U.S.C. § 387j(c) et seq.]  5.  NOTHING  IN  THIS
 SECTION  SHALL BE CONSTRUED TO PENALIZE THE PURCHASE, USE, OR POSSESSION
 OF A TOBACCO PRODUCT OR VAPOR PRODUCT BY ANY PERSON  NOT  ENGAGED  AS  A
 VAPOR  PRODUCTS  DEALER,  RETAIL DEALER, TOBACCO OR VAPOR SELLER, OR ANY
 AGENT OR EMPLOYEE OF A VAPOR PRODUCTS DEALER, RETAIL DEALER, OR  TOBACCO
 OR VAPOR SELLER.
   §  17. Subdivision 1 of section 1399-mm-2 of the public health law, as
 added by section 1 of part EE of chapter 56 of  the  laws  of  2020,  is
 amended to read as follows:
   1. No tobacco product, herbal cigarette, or vapor product [intended or
 reasonably expected to be used with or for the consumption of nicotine,]
 shall be sold in a pharmacy or in a retail establishment that contains a
 pharmacy  operated as a department as defined by paragraph f of subdivi-
 sion two of section sixty-eight hundred  eight  of  the  education  law.
 Provided,  however,  that  such  prohibition  on  the  sale  of  tobacco
 products, herbal cigarettes, or vapor products [intended  or  reasonably
 expected  to be used with or for the consumption of nicotine,] shall not
 apply to any other business that owns  or  leases  premises  within  any
 building  or  other  facility  that also contains a pharmacy or a retail
 establishment that contains a  pharmacy  operated  as  a  department  as
 defined by paragraph f of subdivision two of section sixty-eight hundred
 eight of the education law.
   §  18. Subdivision 1 of section 1399-mm-3 of the public health law, as
 added by section 1 of part EE of chapter 56 of  the  laws  of  2020,  is
 amended to read as follows:
 S. 4007--A                         160                        A. 3007--A
 
   1.  For  the  purposes  of  this section "carrier oils" shall mean any
 ingredient of a vapor product intended to  control  the  consistency  or
 other  physical  characteristics  of  such vapor product, to control the
 consistency or other physical characteristics of vapor, or to facilitate
 the production of vapor when such vapor product is used in an electronic
 [cigarette]  DEVICE.    "Carrier  oils"  shall  not  include any product
 approved by the United States [food and drug  administration]  FOOD  AND
 DRUG  ADMINISTRATION  as  a  drug  or medical device or manufactured and
 dispensed pursuant to title five-A of article thirty-three of this chap-
 ter.
   § 19. This act shall take effect September 1, 2023.
 
                                  PART P
 
   Section 1. The public health law is amended by adding  a  new  section
 2825-h to read as follows:
   §  2825-H.  HEALTH CARE FACILITY TRANSFORMATION PROGRAM:  STATEWIDE V.
 1. A STATEWIDE HEALTH CARE FACILITY  TRANSFORMATION  PROGRAM  IS  HEREBY
 ESTABLISHED WITHIN THE DEPARTMENT FOR THE PURPOSE OF TRANSFORMING, REDE-
 SIGNING,  AND  STRENGTHENING  QUALITY  HEALTH CARE SERVICES IN ALIGNMENT
 WITH STATEWIDE AND REGIONAL  HEALTH  CARE  NEEDS,  AND  IN  THE  ONGOING
 PANDEMIC  RESPONSE.  THE  PROGRAM SHALL ALSO PROVIDE FUNDING, SUBJECT TO
 LAWFUL APPROPRIATION, IN SUPPORT OF  CAPITAL  PROJECTS  THAT  FACILITATE
 FURTHERING SUCH TRANSFORMATIONAL GOALS.
   2.  THE  COMMISSIONER SHALL ENTER INTO AN AGREEMENT WITH THE PRESIDENT
 OF THE DORMITORY AUTHORITY OF THE STATE OF NEW YORK PURSUANT TO  SECTION
 SIXTEEN  HUNDRED  EIGHTY-R  OF  THE  PUBLIC AUTHORITIES LAW, WHICH SHALL
 APPLY TO THIS AGREEMENT, SUBJECT TO THE APPROVAL OF THE DIRECTOR OF  THE
 DIVISION  OF THE BUDGET, FOR THE PURPOSES OF THE DISTRIBUTION AND ADMIN-
 ISTRATION OF AVAILABLE FUNDS PURSUANT TO SUCH AGREEMENT, AND MADE AVAIL-
 ABLE PURSUANT TO THIS SECTION  AND  APPROPRIATION.  SUCH  FUNDS  MAY  BE
 AWARDED  AND  DISTRIBUTED  BY  THE  DEPARTMENT FOR GRANTS TO HEALTH CARE
 PROVIDERS INCLUDING BUT NOT LIMITED TO,  HOSPITALS,  RESIDENTIAL  HEALTH
 CARE FACILITIES, ADULT CARE FACILITIES LICENSED UNDER TITLE TWO OF ARTI-
 CLE  SEVEN  OF THE SOCIAL SERVICES LAW, DIAGNOSTIC AND TREATMENT CENTERS
 LICENSED OR GRANTED AN OPERATING CERTIFICATE UNDER THIS  CHAPTER,  CLIN-
 ICS, INCLUDING BUT NOT LIMITED TO THOSE LICENSED OR GRANTED AN OPERATING
 CERTIFICATE  UNDER  THIS  CHAPTER  OR THE MENTAL HYGIENE LAW, CHILDREN'S
 RESIDENTIAL TREATMENT FACILITIES LICENSED UNDER  ARTICLE  THIRTY-ONE  OF
 THE MENTAL HYGIENE LAW, ASSISTED LIVING PROGRAMS APPROVED BY THE DEPART-
 MENT PURSUANT TO SECTION FOUR HUNDRED SIXTY-ONE-L OF THE SOCIAL SERVICES
 LAW,  BEHAVIORAL  HEALTH  FACILITIES  LICENSED  OR  GRANTED AN OPERATING
 CERTIFICATE PURSUANT TO ARTICLES THIRTY-ONE AND THIRTY-TWO OF THE MENTAL
 HYGIENE LAW, HOME CARE PROVIDERS CERTIFIED  OR  LICENSED  UNDER  ARTICLE
 THIRTY-SIX OF THIS CHAPTER, PRIMARY CARE PROVIDERS, HOSPICES LICENSED OR
 GRANTED AN OPERATING CERTIFICATE PURSUANT TO ARTICLE FORTY OF THIS CHAP-
 TER,  COMMUNITY-BASED PROGRAMS FUNDED UNDER THE OFFICE OF MENTAL HEALTH,
 THE OFFICE OF ADDICTION SERVICES AND SUPPORTS,  THE  OFFICE  FOR  PEOPLE
 WITH  DEVELOPMENTAL DISABILITIES, OR THROUGH LOCAL GOVERNMENTAL UNITS AS
 DEFINED UNDER ARTICLE FORTY-ONE OF THE MENTAL HYGIENE  LAW,  INDEPENDENT
 PRACTICE  ASSOCIATIONS  OR  ORGANIZATIONS, AND RESIDENTIAL FACILITIES OR
 DAY PROGRAM FACILITIES LICENSED  OR  GRANTED  AN  OPERATING  CERTIFICATE
 UNDER  ARTICLE  SIXTEEN OF THE MENTAL HYGIENE LAW. A COPY OF SUCH AGREE-
 MENT, AND ANY AMENDMENTS THERETO, SHALL BE PROVIDED BY THE DEPARTMENT TO
 THE CHAIR OF THE SENATE FINANCE COMMITTEE, THE  CHAIR  OF  THE  ASSEMBLY
 WAYS AND MEANS COMMITTEE, AND THE DIRECTOR OF THE DIVISION OF THE BUDGET
 S. 4007--A                         161                        A. 3007--A
 
 NO  LATER  THAN  THIRTY DAYS AFTER SUCH AGREEMENT IS FINALIZED. PROJECTS
 AWARDED, IN WHOLE OR PART, UNDER SECTIONS TWENTY-EIGHT  HUNDRED  TWENTY-
 FIVE-A  AND TWENTY-EIGHT HUNDRED TWENTY-FIVE-B OF THIS ARTICLE SHALL NOT
 BE ELIGIBLE FOR GRANTS OR AWARDS MADE AVAILABLE UNDER THIS SECTION.
   3.  NOTWITHSTANDING  SECTION  ONE  HUNDRED  SIXTY-THREE  OF  THE STATE
 FINANCE LAW, SECTIONS ONE HUNDRED FORTY-TWO AND ONE HUNDRED  FORTY-THREE
 OF THE ECONOMIC DEVELOPMENT LAW, OR ANY INCONSISTENT PROVISION OF LAW TO
 THE  CONTRARY, UP TO FIVE HUNDRED MILLION DOLLARS OF THE FUNDS APPROPRI-
 ATED FOR THIS PROGRAM SHALL BE AWARDED, WITHOUT  A  COMPETITIVE  BID  OR
 REQUEST  FOR  PROPOSAL  PROCESS, FOR GRANTS TO HEALTH CARE PROVIDERS, AS
 DEFINED IN SUBDIVISION TWO OF THIS SECTION. AWARDS MADE PURSUANT TO THIS
 SUBDIVISION SHALL PROVIDE FUNDING ONLY  FOR  CAPITAL  PROJECTS,  TO  THE
 EXTENT  LAWFUL  APPROPRIATION AND FUNDING IS AVAILABLE, TO BUILD INNOVA-
 TIVE, PATIENT-CENTERED MODELS OF  CARE,  INCREASE  ACCESS  TO  CARE,  TO
 IMPROVE  THE  QUALITY  OF CARE AND TO ENSURE FINANCIAL SUSTAINABILITY OF
 HEALTH CARE PROVIDERS.
   4. NOTWITHSTANDING  SECTION  ONE  HUNDRED  SIXTY-THREE  OF  THE  STATE
 FINANCE  LAW, SECTIONS ONE HUNDRED FORTY-TWO AND ONE HUNDRED FORTY-THREE
 OF THE ECONOMIC DEVELOPMENT LAW, OR ANY INCONSISTENT PROVISION OF LAW TO
 THE CONTRARY, UP TO FIVE HUNDRED MILLION DOLLARS OF THE FUNDS  APPROPRI-
 ATED  FOR  THIS  PROGRAM  SHALL BE AWARDED, WITHOUT A COMPETITIVE BID OR
 REQUEST FOR PROPOSAL PROCESS, FOR TECHNOLOGICAL AND TELEHEALTH TRANSFOR-
 MATION PROJECTS.
   5. SELECTION OF AWARDS MADE BY THE DEPARTMENT PURSUANT TO SUBDIVISIONS
 THREE AND FOUR OF THIS SECTION SHALL  BE  CONTINGENT  ON  AN  EVALUATION
 PROCESS  ACCEPTABLE  TO THE COMMISSIONER AND APPROVED BY THE DIRECTOR OF
 THE DIVISION OF THE BUDGET. DISBURSEMENT OF AWARDS MAY BE CONTINGENT  ON
 THE  HEALTH  CARE PROVIDER AS DEFINED IN SUBDIVISION TWO OF THIS SECTION
 ACHIEVING CERTAIN PROCESS AND PERFORMANCE METRICS  AND  MILESTONES  THAT
 ARE STRUCTURED TO ENSURE THAT THE GOALS OF THE PROJECT ARE ACHIEVED.
   6.  THE  DEPARTMENT SHALL PROVIDE A REPORT ON A QUARTERLY BASIS TO THE
 CHAIRS OF THE SENATE FINANCE, ASSEMBLY WAYS AND MEANS,  AND  SENATE  AND
 ASSEMBLY HEALTH COMMITTEES, UNTIL SUCH TIME AS THE DEPARTMENT DETERMINES
 THAT  THE  PROJECTS  THAT  RECEIVE  FUNDING PURSUANT TO THIS SECTION ARE
 SUBSTANTIALLY COMPLETE. SUCH REPORTS SHALL BE SUBMITTED  NO  LATER  THAN
 SIXTY  DAYS  AFTER THE CLOSE OF THE QUARTER, AND SHALL INCLUDE, FOR EACH
 AWARD, THE NAME OF THE HEALTH CARE PROVIDER AS  DEFINED  IN  SUBDIVISION
 TWO OF THIS SECTION, A DESCRIPTION OF THE PROJECT OR PURPOSE, THE AMOUNT
 OF  THE  AWARD,  DISBURSEMENT DATE, AND STATUS OF ACHIEVEMENT OF PROCESS
 AND PERFORMANCE METRICS AND MILESTONES PURSUANT TO SUBDIVISION  FIVE  OF
 THIS SECTION.
   §  2.  This  act  shall take effect immediately and shall be deemed to
 have been in full force and effect on and after April 1, 2023.
 
                                  PART Q
 
   Section 1. Subdivision 2 of section 365-a of the social  services  law
 is amended by adding new paragraph (kk) to read as follows:
   (KK)   COMMUNITY HEALTH WORKER SERVICES FOR CHILDREN UNDER AGE TWENTY-
 ONE, AND FOR ADULTS WITH HEALTH-RELATED SOCIAL NEEDS, WHEN SUCH SERVICES
 ARE RECOMMENDED BY A PHYSICIAN OR OTHER HEALTH CARE PRACTITIONER AUTHOR-
 IZED UNDER TITLE EIGHT OF THE EDUCATION LAW, AND PROVIDED  BY  QUALIFIED
 COMMUNITY  HEALTH  WORKERS, AS DETERMINED BY THE COMMISSIONER OF HEALTH;
 PROVIDED, HOWEVER, THAT THE PROVISIONS OF THIS PARAGRAPH SHALL NOT  TAKE
 EFFECT  UNLESS  ALL NECESSARY APPROVALS UNDER FEDERAL LAW AND REGULATION
 HAVE BEEN OBTAINED TO RECEIVE FEDERAL  FINANCIAL  PARTICIPATION  IN  THE
 S. 4007--A                         162                        A. 3007--A
 
 COSTS  OF  HEALTH  CARE  SERVICES  PROVIDED  PURSUANT TO THIS PARAGRAPH.
 NOTHING IN THIS PARAGRAPH SHALL BE CONSTRUED TO  MODIFY  ANY  LICENSURE,
 CERTIFICATION  OR  SCOPE  OF PRACTICE PROVISION UNDER TITLE EIGHT OF THE
 EDUCATION LAW.
   §  2.  Clause (C) of subparagraph (ii) of paragraph (f) of subdivision
 2-a of section 2807 of the public health law, as amended by  section  43
 of  part  B  of  chapter  58  of the laws of 2010, is amended to read as
 follows:
   (C) [individual psychotherapy] services provided  by  licensed  social
 workers,  LICENSED  MENTAL  HEALTH  COUNSELORS AND LICENSED MARRIAGE AND
 FAMILY THERAPISTS, in accordance with licensing criteria  set  forth  in
 applicable  regulations[,  to persons under the age of twenty-one and to
 persons requiring such services as a result of or related  to  pregnancy
 or giving birth]; and
   § 3. This act shall take effect January 1, 2024.
 
                                  PART R
 
   Section  1.  Subdivision 2 of section 365-a of the social services law
 is amended by adding two  new  paragraphs  (kk)  and  (ll)  to  read  as
 follows:
   (KK)  CARE  AND  SERVICES  OF  NUTRITIONISTS  AND DIETITIANS CERTIFIED
 PURSUANT TO ARTICLE ONE HUNDRED FIFTY-SEVEN OF THE EDUCATION LAW  ACTING
 WITHIN THEIR SCOPE OF PRACTICE.
   (LL)  CHRONIC  DISEASE  SELF-MANAGEMENT  PROGRAM FOR PERSONS DIAGNOSED
 WITH ARTHRITIS WHEN SUCH SERVICES ARE ORDERED BY A PHYSICIAN, REGISTERED
 PHYSICIAN'S  ASSISTANT,  REGISTERED  NURSE  PRACTITIONER,  OR   LICENSED
 MIDWIFE  AND  PROVIDED  BY  QUALIFIED  EDUCATORS,  AS  DETERMINED BY THE
 COMMISSIONER OF HEALTH, WHO IS AFFILIATED WITH AN ORGANIZATION  DELIVER-
 ING  THE  PROGRAM  UNDER SELF-MANAGEMENT RESOURCE CENTER LICENSURE, OR A
 SUCCESSOR NATIONAL ORGANIZATION, PROVIDED, HOWEVER, THAT THE  PROVISIONS
 OF  THIS  PARAGRAPH SHALL NOT APPLY UNLESS ALL NECESSARY APPROVALS UNDER
 FEDERAL LAW AND REGULATION HAVE BEEN OBTAINED TO RECEIVE FEDERAL  FINAN-
 CIAL  PARTICIPATION IN THE COSTS OF HEALTH CARE SERVICES PROVIDED PURSU-
 ANT TO THIS PARAGRAPH. NOTHING IN THIS PARAGRAPH SHALL BE  CONSTRUED  TO
 MODIFY ANY LICENSURE, CERTIFICATION OR SCOPE OF PRACTICE PROVISION UNDER
 TITLE EIGHT OF THE EDUCATION LAW.
   §  2.  Clause (A) of subparagraph (ii) of paragraph (f) of subdivision
 2-a of section 2807 of the public health law, as amended by  section  43
 of  part  B  of  chapter  58  of the laws of 2010, is amended to read as
 follows:
   (A) services provided in accordance with the provisions of  paragraphs
 (q)  [and],  (r),  AND  (LL) of subdivision two of section three hundred
 sixty-five-a of the social services law; and
   § 3. This act shall take effect July 1, 2023; provided, however,  that
 paragraph  (ll) of subdivision 2 of section 365-a of the social services
 law added by section one of this act and section two of this act,  shall
 take effect October 1, 2023.
 
                                  PART S
 
   Section  1. Subdivision 1 of section 3001 of the public health law, as
 amended by chapter 804 of the laws  of  1992,  is  amended  to  read  as
 follows:
   1.  "Emergency  medical  service"  means  [initial  emergency  medical
 assistance including, but not  limited  to,  the  treatment  of  trauma,
 S. 4007--A                         163                        A. 3007--A

 burns,  respiratory,  circulatory and obstetrical emergencies] A COORDI-
 NATED SYSTEM OF HEALTHCARE DELIVERY THAT RESPONDS TO THE NEEDS  OF  SICK
 AND  INJURED  ADULTS  AND  CHILDREN, BY PROVIDING: ESSENTIAL CARE AT THE
 SCENE  OF  AN  EMERGENCY, NON-EMERGENCY, SPECIALTY NEED OR PUBLIC EVENT;
 COMMUNITY EDUCATION AND PREVENTION PROGRAMS; MOBILE  INTEGRATED  HEALTH-
 CARE PROGRAMS; GROUND AND AIR AMBULANCE SERVICES; CENTRALIZED ACCESS AND
 EMERGENCY  MEDICAL  DISPATCH;  TRAINING  FOR  EMERGENCY MEDICAL SERVICES
 PRACTITIONERS; MEDICAL FIRST RESPONSE; MOBILE TRAUMA CARE SYSTEMS;  MASS
 CASUALTY  MANAGEMENT;  MEDICAL  DIRECTION; OR QUALITY CONTROL AND SYSTEM
 EVALUATION PROCEDURES.
   § 2. Section 3002 of the public health law is amended by adding a  new
 subdivision 1-a to read as follows:
   1-A.  THE  STATE  EMERGENCY  MEDICAL SERVICES COUNCIL SHALL ADVISE AND
 ASSIST THE COMMISSIONER ON SUCH ISSUES AS THE COMMISSIONER  MAY  REQUIRE
 RELATED  TO  THE PROVISION OF EMERGENCY MEDICAL SERVICE, SPECIALTY CARE,
 DESIGNATED FACILITY  CARE,  AND  DISASTER  MEDICAL  CARE.    THIS  SHALL
 INCLUDE,  BUT  SHALL  NOT  BE  LIMITED  TO, THE RECOMMENDATION, PERIODIC
 REVISION, AND APPLICATION  OF  RULES  AND  REGULATIONS,  APPROPRIATENESS
 REVIEW STANDARDS, TREATMENT PROTOCOLS, WORKFORCE DEVELOPMENT, AND QUALI-
 TY  IMPROVEMENT  STANDARDS. THE STATE EMERGENCY MEDICAL SERVICES COUNCIL
 SHALL MEET AT LEAST THREE TIMES PER  YEAR  OR  MORE  FREQUENTLY  AT  THE
 REQUEST OF THE CHAIRPERSON OR DEPARTMENT AND APPROVED BY THE COMMISSION-
 ER.
   §  2-a.  Subdivision  1 of section 3002-a of the public health law, as
 amended by chapter 567 of the laws  of  2011,  is  amended  to  read  as
 follows:
   1.  There shall be a state emergency medical advisory committee of the
 state  emergency  medical  services  council  consisting  of  thirty-one
 members.  Twenty-three  members  shall  be  physicians  appointed by the
 commissioner, including one [nominated by]  MEMBER  FROM  each  regional
 emergency  medical  services  council,  an additional physician from the
 city of New York, one pediatrician, one trauma  surgeon,  one  [psychia-
 trist]  PHYSICIAN  AT  LARGE and the chairperson. Each of the physicians
 shall have demonstrated knowledge and experience  in  emergency  medical
 services.   There   shall  be  eight  non-physician  non-voting  members
 appointed by the chairperson of the state council, at least five of whom
 shall be members of the state emergency medical services council at  the
 time  of  their appointment. At least one of the eight shall be an emer-
 gency nurse, at least one shall be an advanced emergency medical techni-
 cian, at least one shall be a basic emergency medical technician, and at
 least one shall be employed in a hospital  setting  with  administrative
 responsibility for a hospital emergency department or service.
   §  3. Section 3003 of the public health law is amended by adding a new
 subdivision 1-a to read as follows:
   1-A. EACH REGIONAL EMERGENCY MEDICAL SERVICES COUNCIL SHALL ADVISE THE
 STATE EMERGENCY MEDICAL SERVICES COUNCIL AND DEPARTMENT ON  SUCH  ISSUES
 AS  THE  STATE  EMERGENCY  MEDICAL  SERVICES  COUNCIL  OR DEPARTMENT MAY
 REQUIRE, RELATED TO THE PROVISION OF EMERGENCY MEDICAL SERVICE, SPECIAL-
 TY CARE, DESIGNATED FACILITY CARE, AND DISASTER MEDICAL CARE, AND  SHALL
 CARRY  OUT  DUTIES  TO  ASSIST  IN THE REGIONAL COORDINATION OF SUCH, AS
 OUTLINED BY THE STATE EMERGENCY MEDICAL SERVICES COUNCIL  WITH  APPROVAL
 OF THE DEPARTMENT.
   §  4. The public health law is amended by adding a new section 3004 to
 read as follows:
   § 3004. EMERGENCY MEDICAL SERVICES SYSTEM AND AGENCY PERFORMANCE STAN-
 DARDS. 1. THE STATE EMERGENCY MEDICAL SERVICES COUNCIL, IN COLLABORATION
 S. 4007--A                         164                        A. 3007--A
 
 AND WITH FINAL APPROVAL OF THE DEPARTMENT,  SHALL  CREATE  AN  EMERGENCY
 MEDICAL  SERVICES  SYSTEM  AND AGENCY PERFORMANCE STANDARDS (HEREINAFTER
 REFERRED TO AS "PERFORMANCE STANDARDS") FOR THE  PURPOSE  OF  SUSTAINING
 AND  EVOLVING A RELIABLE EMERGENCY MEDICAL SERVICES SYSTEM INCLUDING BUT
 NOT LIMITED TO EMERGENCY MEDICAL SERVICES AGENCIES AND ANY  FACILITY  OR
 AGENCY THAT DISPATCHES OR ACCEPTS EMERGENCY MEDICAL SERVICES RESOURCES.
   2.  THE PERFORMANCE STANDARDS MAY INCLUDE BUT SHALL NOT BE LIMITED TO:
 SAFETY INITIATIVES, EMERGENCY VEHICLE OPERATIONS, OPERATIONAL  COMPETEN-
 CIES,  PLANNING, TRAINING, ONBOARDING, WORKFORCE DEVELOPMENT AND ENGAGE-
 MENT, SURVEY RESPONSES, LEADERSHIP AND OTHER STANDARDS  AND  METRICS  AS
 DETERMINED  BY  THE  STATE  EMERGENCY  MEDICAL  SERVICES  COUNCIL,  WITH
 APPROVAL OF THE DEPARTMENT, TO PROMOTE POSITIVE PATIENT OUTCOMES,  SAFE-
 TY,  PROVIDER  RETENTION AND EMERGENCY MEDICAL SERVICES SYSTEM SUSTAINA-
 BILITY THROUGHOUT THE STATE.
   3. THE PERFORMANCE STANDARDS  SHALL  REQUIRE  EACH  EMERGENCY  MEDICAL
 SERVICES  AGENCY,  DISPATCH  AGENCY  OR  FACILITY THAT ACCEPTS EMERGENCY
 MEDICAL SERVICES RESOURCES TO PERFORM REGULAR AND PERIODIC REVIEW OF THE
 PERFORMANCE STANDARDS AND ITS METRICS, PERFORM  SURVEYS,  IDENTIFICATION
 OF AGENCY DEFICIENCIES AND STRENGTHS, DEVELOPMENT OF PROGRAMS TO IMPROVE
 AGENCY  METRICS,  STRENGTHEN  SYSTEM  SUSTAINABILITY AND OPERATIONS, AND
 IMPROVE THE DELIVERY OF PATIENT CARE.
   4. THE DEPARTMENT, AFTER CONSULTATION WITH THE STATE EMERGENCY MEDICAL
 SERVICES COUNCIL, MAY CONTRACT FOR SERVICES WITH SUBJECT MATTER  EXPERTS
 TO ASSIST IN THE OVERSIGHT OF THE PERFORMANCE STANDARDS STATEWIDE.
   5.  EMERGENCY  MEDICAL SERVICES AGENCIES THAT DO NOT MEET THE PERFORM-
 ANCE STANDARDS SET FORTH IN THIS SECTION MAY BE SUBJECT  TO  ENFORCEMENT
 ACTIONS,  INCLUDING  BUT NOT LIMITED TO REVOCATION, SUSPENSION, PERFORM-
 ANCE IMPROVEMENT PLANS, OR RESTRICTION FROM SPECIFIC TYPES  OF  RESPONSE
 INCLUDING  BUT  NOT  LIMITED  TO  SUSPENSION  OF  ABILITY  TO RESPOND TO
 REQUESTS FOR  EMERGENCY  MEDICAL  ASSISTANCE  OR  TO  PERFORM  EMERGENCY
 MEDICAL SERVICES.
   §  5. The public health law is amended by adding a new section 3018 to
 read as follows:
   § 3018. STATEWIDE COMPREHENSIVE EMERGENCY MEDICAL SERVICE SYSTEM PLAN.
 1. THE STATE EMERGENCY MEDICAL SERVICES COUNCIL,  IN  COLLABORATION  AND
 WITH  FINAL  APPROVAL  OF  THE  DEPARTMENT, SHALL DEVELOP AND MAINTAIN A
 STATEWIDE COMPREHENSIVE EMERGENCY MEDICAL SERVICE SYSTEM PLAN THAT SHALL
 PROVIDE FOR A COORDINATED EMERGENCY MEDICAL SERVICES SYSTEM IN NEW  YORK
 STATE, INCLUDING BUT NOT LIMITED TO:
   (A)  ESTABLISHING  A COMPREHENSIVE STATEWIDE EMERGENCY MEDICAL SERVICE
 SYSTEM, CONSISTING OF FACILITIES,  TRANSPORTATION,  WORKFORCE,  COMMUNI-
 CATIONS,  AND  OTHER  COMPONENTS,  TO  IMPROVE THE DELIVERY OF EMERGENCY
 MEDICAL SERVICES AND THEREBY DECREASE MORBIDITY, HOSPITALIZATION,  DISA-
 BILITY, AND MORTALITY;
   (B)  IMPROVING  THE  ACCESSIBILITY  OF  HIGH-QUALITY EMERGENCY MEDICAL
 SERVICE;
   (C) COORDINATING PROFESSIONAL MEDICAL  ORGANIZATIONS,  HOSPITALS,  AND
 OTHER  PUBLIC  AND  PRIVATE  AGENCIES IN DEVELOPING ALTERNATIVE DELIVERY
 MODELS WHEREBY PERSONS WHO ARE PRESENTLY USING  THE  EXISTING  EMERGENCY
 DEPARTMENT  FOR  ROUTINE,  NONURGENT,  AND  PRIMARY MEDICAL CARE WILL BE
 SERVED APPROPRIATELY; AND
   (D) CONDUCTING, PROMOTING, AND ENCOURAGING PROGRAMS OF  EDUCATION  AND
 TRAINING  DESIGNED  TO  UPGRADE  THE  KNOWLEDGE  AND SKILLS OF EMERGENCY
 MEDICAL SERVICE PRACTITIONERS TRAINING THROUGHOUT NEW  YORK  STATE  WITH
 EMPHASIS  ON  REGIONS  WITH LIMITED ACCESS TO EMERGENCY MEDICAL SERVICES
 TRAINING.
 S. 4007--A                         165                        A. 3007--A
 
   2. THE STATEWIDE COMPREHENSIVE EMERGENCY MEDICAL SERVICE  SYSTEM  PLAN
 SHALL  BE REVIEWED, UPDATED IF NECESSARY, AND PUBLISHED EVERY FIVE YEARS
 ON THE DEPARTMENT'S WEBSITE, OR AT SUCH TIMES AS  MAY  BE  NECESSARY  TO
 IMPROVE  THE  EFFECTIVENESS  AND  EFFICIENCY  OF  THE  STATE'S EMERGENCY
 MEDICAL SERVICE SYSTEM.
   3.  EACH REGIONAL EMERGENCY MEDICAL SERVICES COUNCIL SHALL DEVELOP AND
 MAINTAIN A COMPREHENSIVE REGIONAL EMERGENCY MEDICAL SERVICE SYSTEM  PLAN
 OR  ADOPT  THE  STATEWIDE COMPREHENSIVE EMERGENCY MEDICAL SERVICE SYSTEM
 PLAN, TO PROVIDE FOR A  COORDINATED  EMERGENCY  MEDICAL  SERVICE  SYSTEM
 WITHIN  THE  REGION. SUCH PLANS SHALL BE WRITTEN IN A FORMAT APPROVED BY
 THE STATE EMERGENCY MEDICAL SERVICES COUNCIL. FURTHER, SUCH PLANS  SHALL
 BE  SUBJECT  TO  REVIEW  AND  APPROVAL  BY  THE  STATE EMERGENCY MEDICAL
 SERVICES COUNCIL AND FINAL APPROVAL BY THE DEPARTMENT.
   4. EACH COUNTY SHALL DEVELOP AND MAINTAIN A COMPREHENSIVE COUNTY EMER-
 GENCY MEDICAL SERVICE SYSTEM PLAN THAT SHALL PROVIDE FOR  A  COORDINATED
 EMERGENCY MEDICAL SERVICE SYSTEM WITHIN THE COUNTY, TO PROVIDE ESSENTIAL
 EMERGENCY  MEDICAL  SERVICES  FOR  ALL RESIDENTS WITHIN THE COUNTY. SUCH
 PLAN SHALL BE WRITTEN IN  A  FORMAT  APPROVED  BY  THE  STATE  EMERGENCY
 MEDICAL  SERVICES  COUNCIL.  THE  COUNTY  OFFICE  OF  EMERGENCY  MEDICAL
 SERVICES SHALL BE RESPONSIBLE FOR THE DEVELOPMENT,  IMPLEMENTATION,  AND
 MAINTENANCE OF THE COMPREHENSIVE COUNTY EMERGENCY MEDICAL SERVICE SYSTEM
 PLAN.    SUCH PLANS, AS DETERMINED BY THE DEPARTMENT AND THE STATE EMER-
 GENCY MEDICAL SERVICES COUNCIL, MAY REQUIRE REVIEW AND APPROVAL  BY  THE
 REGIONAL EMERGENCY MEDICAL SERVICES COUNCIL, THE STATE EMERGENCY MEDICAL
 SERVICES  COUNCIL  AND  THE DEPARTMENT. SUCH   PLAN  SHALL  OUTLINE  THE
 PRIMARY RESPONDING EMERGENCY MEDICAL SERVICES AGENCY  FOR  REQUESTS  FOR
 SERVICE FOR EACH PART OF THE COUNTY.
   §  6. The public health law is amended by adding a new section 3019 to
 read as follows:
   § 3019. EMERGENCY MEDICAL SERVICE  TRAINING  PROGRAMS.  1.  THE  STATE
 EMERGENCY  MEDICAL  SERVICES  COUNCIL  SHALL MAKE RECOMMENDATIONS TO THE
 DEPARTMENT FOR THE DEPARTMENT TO  IMPLEMENT  STANDARDS  RELATED  TO  THE
 ESTABLISHMENT OF TRAINING PROGRAMS FOR EMERGENCY MEDICAL SERVICE SYSTEMS
 THAT  INCLUDES BUT IS NOT LIMITED TO STUDENTS, EMERGENCY MEDICAL SERVICE
 PRACTITIONERS, EMERGENCY MEDICAL SERVICES AGENCIES, APPROVED EDUCATIONAL
 INSTITUTIONS, GEOGRAPHIC  AREAS,  FACILITIES,  AND  PERSONNEL,  AND  THE
 COMMISSIONER  SHALL FUND SUCH TRAINING PROGRAMS IN FULL OR IN PART BASED
 ON STATE APPROPRIATIONS. UNTIL SUCH TIME AS THE DEPARTMENT ANNOUNCES THE
 STANDARDS FOR TRAINING PROGRAMS PURSUANT TO THIS  SECTION,  ALL  CURRENT
 STANDARDS, CURRICULUMS, AND REQUIREMENTS FOR STUDENTS, EMERGENCY MEDICAL
 SERVICE  PRACTITIONERS, AGENCIES, FACILITIES, AND PERSONNEL SHALL REMAIN
 IN EFFECT.
   2. THE STATE EMERGENCY MEDICAL SERVICES COUNCIL, WITH  FINAL  APPROVAL
 OF  THE DEPARTMENT, SHALL ESTABLISH MINIMUM EDUCATION STANDARDS, CURRIC-
 ULUMS, PERFORMANCE METRICS AND REQUIREMENTS FOR  ALL  EMERGENCY  MEDICAL
 SYSTEM  EDUCATIONAL  INSTITUTIONS.  NO PERSON OR EDUCATIONAL INSTITUTION
 SHALL PROFESS TO PROVIDE EMERGENCY  MEDICAL  SERVICES  TRAINING  WITHOUT
 MEETING THE REQUIREMENTS SET FORTH IN REGULATION AND ONLY AFTER APPROVAL
 OF THE DEPARTMENT AND IN THE GEOGRAPHICAL AREA DETERMINED BY THE DEPART-
 MENT.
   3. THE DEPARTMENT IS AUTHORIZED TO PROVIDE, EITHER DIRECTLY OR THROUGH
 CONTRACT,  FOR  LOCAL OR STATEWIDE INITIATIVES, EMERGENCY MEDICAL SYSTEM
 TRAINING FOR  EMERGENCY  MEDICAL  SERVICE  PRACTITIONERS  AND  EMERGENCY
 MEDICAL  SERVICES  AGENCY  PERSONNEL,  USING  FUNDING  INCLUDING BUT NOT
 LIMITED TO ALLOCATIONS  TO  AID  TO  LOCALITIES  FOR  EMERGENCY  MEDICAL
 SERVICES TRAINING.
 S. 4007--A                         166                        A. 3007--A
 
   4.  THE  DEPARTMENT MAY VISIT AND INSPECT ANY EMERGENCY MEDICAL SYSTEM
 TRAINING PROGRAM OR TRAINING CENTER  OPERATING  UNDER  THIS  ARTICLE  TO
 ENSURE  COMPLIANCE  WITH  ALL  APPLICABLE REGULATIONS AND STANDARDS. THE
 DEPARTMENT MAY REQUEST THE STATE OR REGIONAL EMERGENCY MEDICAL  SERVICES
 COUNCIL'S  ASSISTANCE TO ENSURE THE COMPLIANCE, MAINTENANCE, AND COORDI-
 NATION OF TRAINING PROGRAMS. THE DEPARTMENT, IN  CONSULTATION  WITH  THE
 STATE  EMERGENCY  MEDICAL  SERVICES COUNCIL, MAY SET STANDARDS AND REGU-
 LATIONS FOR EMERGENCY MEDICAL SERVICES EDUCATIONAL INSTITUTIONS.   EMER-
 GENCY MEDICAL SERVICES EDUCATIONAL INSTITUTIONS THAT FAIL TO MEET APPLI-
 CABLE  STANDARDS  AND  REGULATIONS MAY BE SUBJECT TO ENFORCEMENT ACTION,
 INCLUDING  BUT  NOT  LIMITED  TO  REVOCATION,  SUSPENSION,   PERFORMANCE
 IMPROVEMENT PLANS, OR RESTRICTION FROM SPECIFIC TYPES OF EDUCATION.
   5.  STUDENTS  OF AN EMERGENCY MEDICAL SERVICES EDUCATIONAL INSTITUTION
 AUTHORIZED PURSUANT TO  THIS  SECTION,  SHALL  BE  CONSIDERED  EMERGENCY
 MEDICAL  SERVICES  STUDENTS  AND SUBJECT TO THE STANDARDS ESTABLISHED IN
 THIS ARTICLE, REGULATIONS PROMULGATED PURSUANT TO THIS ARTICLE  AND  ALL
 APPLICABLE  STANDARDS,  AS  IF  THEY  WERE  A LICENSED EMERGENCY MEDICAL
 SERVICES PRACTITIONER AND MAY BE SUBJECT TO ENFORCEMENT ACTION AS SUCH.
   § 7. Section 3012 of the public health law is amended by adding a  new
 subdivision 5 to read as follows:
   5.  IT  SHALL  BE A VIOLATION OF THIS CHAPTER, SUBJECT TO CIVIL PENAL-
 TIES, FOR ANY PERSON TO HOLD THEMSELVES  OUT  AS  AN  EMERGENCY  MEDICAL
 SERVICES  PRACTITIONER  WHO IS NOT DESIGNATED BY THE DEPARTMENT PURSUANT
 TO THIS ARTICLE OR OTHERWISE LAWFULLY AUTHORIZED, TO  PROVIDE  EMERGENCY
 MEDICAL  SERVICES,  OR TO ATTEMPT TO BECOME AN EMERGENCY MEDICAL PRACTI-
 TIONER IN AN UNLAWFUL OR UNETHICAL MANNER.
   § 8. The public health law is amended by adding a new section 3020  to
 read as follows:
   §  3020.  RECRUITMENT AND RETENTION. 1.  THE COMMISSIONER SHALL ESTAB-
 LISH AND FUND WITHIN AMOUNTS APPROPRIATED, A PUBLIC SERVICE CAMPAIGN  TO
 RECRUIT ADDITIONAL PERSONNEL INTO THE EMERGENCY MEDICAL SYSTEM FIELDS.
   2.  THE COMMISSIONER SHALL ESTABLISH AND FUND WITHIN AMOUNTS APPROPRI-
 ATED AN EMERGENCY MEDICAL SYSTEM MENTAL HEALTH AND WELLNESS PROGRAM THAT
 PROVIDES RESOURCES TO EMERGENCY MEDICAL SERVICE PRACTITIONERS.
   3.  THE COMMISSIONER MAY ESTABLISH IN  REGULATION  STANDARDS  FOR  THE
 LICENSURE  OF EMERGENCY MEDICAL SERVICES PRACTITIONERS BY THE DEPARTMENT
 OF HEALTH.
   4. THE DEPARTMENT, WITH THE APPROVAL OF THE  STATE  EMERGENCY  MEDICAL
 SERVICES  COUNCIL,  MAY  CREATE OR ADOPT ADDITIONAL STANDARDS, TRAINING,
 AND CRITERIA TO BECOME AN EMERGENCY MEDICAL SERVICE PRACTITIONER CREDEN-
 TIALED TO PROVIDE SPECIALIZED, ADVANCED, OR OTHER SERVICES THAT  FURTHER
 SUPPORT  OR  ADVANCE  THE EMERGENCY MEDICAL SYSTEM. THE DEPARTMENT, WITH
 APPROVAL OF THE STATE EMERGENCY MEDICAL SERVICES COUNCIL  MAY  ALSO  SET
 STANDARDS AND REQUIREMENTS TO REQUIRE SPECIALIZED CREDENTIALS TO PERFORM
 CERTAIN FUNCTIONS IN THE EMERGENCY MEDICAL SERVICES SYSTEM.
   5.  THE  DEPARTMENT,  WITH  APPROVAL  OF  THE  STATE EMERGENCY MEDICAL
 SERVICES COUNCIL MAY ALSO SET STANDARDS  FOR  EMERGENCY  MEDICAL  SYSTEM
 AGENCIES  TO  BECOME  ACCREDITED  IN  A SPECIFIC AREA TO INCREASE SYSTEM
 PERFORMANCE AND AGENCY RECOGNITION.
   § 9. Section 3008 of the public health  law  is  REPEALED  and  a  new
 section 3008 is added to read as follows:
   § 3008. APPLICATIONS FOR NEW OR MODIFIED OPERATING AUTHORITY. 1. EVERY
 APPLICATION  FOR  NEW  OR  MODIFIED OPERATING AUTHORITY SHALL BE MADE IN
 WRITING TO THE STATE EMERGENCY MEDICAL SERVICES COUNCIL AND SHALL SPECI-
 FY THE PRIMARY TERRITORY WITHIN WHICH THE APPLICANT REQUESTS TO OPERATE,
 BE VERIFIED UNDER OATH, AND SHALL BE  IN  SUCH  FORM  AND  CONTAIN  SUCH
 S. 4007--A                         167                        A. 3007--A
 
 INFORMATION  AS REQUIRED BY THE RULES AND REGULATIONS PROMULGATED PURSU-
 ANT TO THIS ARTICLE.
   2.  NOTICE  OF  THE  APPLICATION SHALL BE FORWARDED TO THE APPROPRIATE
 REGIONAL EMERGENCY MEDICAL SERVICES COUNCIL.
   3. ALL DETERMINATIONS OF NEW OR MODIFIED OPERATING AUTHORITY SHALL  BE
 MADE  BY  THE  STATE  EMERGENCY  MEDICAL  SERVICES  COUNCIL AND SHALL BE
 CONSISTENT WITH THE STATE EMERGENCY MEDICAL  SYSTEM  PLAN,  ONCE  ESTAB-
 LISHED  PURSUANT TO SECTION THREE THOUSAND EIGHTEEN OF THIS ARTICLE. THE
 DEPARTMENT MAY PROMULGATE REGULATIONS TO PROVIDE FOR STANDARDS FOR EVAL-
 UATION OF NEW OR MODIFIED  OPERATING  AUTHORITY,  AND  THE  PROCESS  FOR
 DETERMINATION  OF  OPERATING  AUTHORITY  SHALL  BE APPROVED BY THE STATE
 EMERGENCY MEDICAL SERVICES COUNCIL AND CARRIED OUT THEREAFTER.
   4. THE STATE EMERGENCY MEDICAL  SERVICES  COUNCIL  MAY  CREATE  A  NEW
 COMMITTEE  TO  HEAR  AND  MAKE DETERMINATIONS ON ALL REQUESTS FOR NEW OR
 MODIFIED OPERATING AUTHORITY. SUCH COMMITTEE SHALL BE COMPRISED  OF  ONE
 STATE  EMERGENCY  MEDICAL  COUNCIL  MEMBER  FROM EACH REGIONAL EMERGENCY
 MEDICAL SERVICES COUNCIL.
   5. IF THE STATE EMERGENCY MEDICAL SERVICES COUNCIL PROPOSES TO  DISAP-
 PROVE  AN  APPLICATION UNDER THIS SECTION, IT SHALL AFFORD THE APPLICANT
 AN OPPORTUNITY TO REQUEST A PUBLIC HEARING. THE STATE EMERGENCY  MEDICAL
 SERVICES COUNCIL MAY HOLD A PUBLIC HEARING ON THE APPLICATION ON ITS OWN
 MOTION.    ANY  PUBLIC  HEARING HELD PURSUANT TO THIS SUBDIVISION MAY BE
 CONDUCTED BY THE STATE EMERGENCY MEDICAL SERVICES  COUNCIL,  OR  BY  ANY
 INDIVIDUAL DESIGNATED BY THE STATE EMERGENCY MEDICAL SERVICES COUNCIL.
   6.  NOTWITHSTANDING  THE  PROVISIONS  OF SUBDIVISIONS ONE AND THREE OF
 THIS SECTION,  DURING  AN  EMERGENCY  THE  COMMISSIONER  MAY  WAIVE  THE
 REQUIREMENT  FOR  A  DETERMINATION  OF  OPERATING  AUTHORITY AND ISSUE A
 TEMPORARY EMERGENCY MEDICAL SYSTEM AGENCY CERTIFICATE.
   7. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISIONS  ONE  AND  THREE  OF
 THIS  SECTION, THE COMMISSIONER MAY WAIVE THE REQUIREMENT FOR A DETERMI-
 NATION OF OPERATING AUTHORITY AND ISSUE A MUNICIPALITY,  SPECIAL  TAXING
 DISTRICT,  GOVERNMENT AGENCY OR NATIVE AMERICAN TRIBAL COUNCIL, AN EMER-
 GENCY MEDICAL SYSTEM AGENCY CERTIFICATE, PROVIDED THE ISSUANCE  OF  SUCH
 CERTIFICATE IS FINANCIALLY SUPPORTED BY THE MUNICIPALITY, SPECIAL TAXING
 DISTRICT, GOVERNMENT AGENCY OR NATIVE AMERICAN TRIBAL COUNCIL.
   § 10. Section 3032 of the public health law is REPEALED.
   §  11.  The  public  health  law is amended by adding six new sections
 3032, 3033, 3034, 3035, 3036 and 3037 to read as follows:
   § 3032. MOBILE INTEGRATED HEALTHCARE.  1. "MOBILE  INTEGRATED  HEALTH-
 CARE"  MEANS  THE  PROVISION  OF PATIENT-CENTERED MOBILE RESOURCES WHICH
 INCLUDES A WELL-ORGANIZED SYSTEM OF SERVICES TO ADDRESS HEALTHCARE  GAPS
 AND DECREASE DEMAND ON PORTIONS OF THE HEALTHCARE SYSTEM IDENTIFIED BY A
 COMMUNITY  NEEDS ASSESSMENT, INTEGRATED INTO THE LOCAL HEALTHCARE SYSTEM
 WORKING IN A COLLABORATIVE MANNER  AS  A  PATIENT  CARE  TEAM  THAT  MAY
 INCLUDE,  BUT NOT LIMITED TO, PHYSICIANS, MID-LEVEL PRACTITIONERS, NURS-
 ES, HOME CARE AGENCIES, EMERGENCY MEDICAL SERVICES PRACTITIONERS,  EMER-
 GENCY   MEDICAL  SERVICES  AGENCIES  AND  OTHER  COMMUNITY  HEALTH  TEAM
 COLLEAGUES, TO MEET THE NEEDS OF THE COMMUNITY.
   2. EMERGENCY MEDICAL SERVICE AGENCIES MAY  ESTABLISH  A  MOBILE  INTE-
 GRATED  HEALTHCARE PROGRAM, PROVIDED THEY MEET ALL STANDARDS ESTABLISHED
 BY THE DEPARTMENT, THAT THE DELIVERY OF SUCH SERVICES IN FULL OR IN PART
 WILL NOT DECREASE THE AGENCY'S ABILITY TO RESPOND TO REQUESTS FOR  EMER-
 GENCY  ASSISTANCE  AND  THE  AGENCY  RECEIVES  EXPRESS APPROVAL FROM THE
 DEPARTMENT. THE DEPARTMENT MAY REVOKE OR SUSPEND  AN  EMERGENCY  MEDICAL
 SERVICE  AGENCY'S  APPROVAL  TO  PROVIDE  A MOBILE INTEGRATED HEALTHCARE
 PROGRAM IF THE DEPARTMENT FINDS THAT ONE OR MORE  STANDARDS  ESTABLISHED
 S. 4007--A                         168                        A. 3007--A
 
 BY  THE  DEPARTMENT  HAVE NOT BEEN MET. THE DEPARTMENT, IN COLLABORATION
 WITH THE STATE  EMERGENCY  MEDICAL  SERVICES  COUNCIL,  SHALL  ESTABLISH
 CRITERIA AND STANDARDS FOR THE OPERATION OF MOBILE INTEGRATED HEALTHCARE
 PROGRAMS  AND MOBILE INTEGRATED HEALTHCARE PROGRAMS SHALL ADHERE TO SUCH
 CRITERIA AND STANDARDS.
   3. NOTWITHSTANDING SECTIONS SIXTY-FIVE HUNDRED TWENTY-ONE  AND  SIXTY-
 NINE  HUNDRED  TWO  OF  THE EDUCATION LAW, AN EMERGENCY MEDICAL SERVICES
 PRACTITIONER, LICENSED PURSUANT TO THIS ARTICLE, SHALL BE AUTHORIZED  TO
 ADMINISTER  IMMUNIZATIONS  PURSUANT TO A PATIENT SPECIFIC OR NON-PATIENT
 SPECIFIC STANDING REGIMEN ORDERED BY A LICENSED PHYSICIAN  AND  PURSUANT
 TO PROTOCOLS ADOPTED BY THE STATE EMERGENCY MEDICAL SERVICES COUNCIL AND
 ANY STANDARDS ESTABLISHED BY THE DEPARTMENT.
   4.  NOTWITHSTANDING  SECTIONS SIXTY-FIVE HUNDRED TWENTY-ONE AND SIXTY-
 NINE HUNDRED TWO OF THE EDUCATION LAW,  AN  EMERGENCY  MEDICAL  SERVICES
 PRACTITIONER,  LICENSED  PURSUANT  TO THIS ARTICLE, MAY BE AUTHORIZED BY
 THE DEPARTMENT TO ADMINISTER BUPRENORPHINE  PURSUANT  TO  A  NON-PATIENT
 SPECIFIC  STANDING  REGIMEN ORDERED BY A LICENSED PHYSICIAN AND PURSUANT
 TO PROTOCOLS ADOPTED BY THE STATE EMERGENCY MEDICAL SERVICES COUNCIL AND
 ANY STANDARDS ESTABLISHED BY THE DEPARTMENT.
   § 3033. REGIONAL EMERGENCY MEDICAL SERVICE DISTRICT.  1.  A  "REGIONAL
 EMERGENCY  MEDICAL SERVICE DISTRICT" MEANS A SPECIAL DISTRICT AS DEFINED
 IN SUBDIVISION SIXTEEN OF SECTION ONE HUNDRED TWO OF THE  REAL  PROPERTY
 TAX  LAW  CREATED  FOR THE PURPOSE OF ENSURING THE ESSENTIAL SERVICES OF
 EMERGENCY MEDICAL CARE, COORDINATING THE EMERGENCY MEDICAL SYSTEM WITHIN
 THE DISTRICT AND PROVIDING WHEN NEEDED EMERGENCY MEDICAL SERVICES  ON  A
 REGIONAL  BASIS EITHER DIRECTLY OR THROUGH CONTRACT WITH BUT NOT LIMITED
 TO  TOWNS,  COUNTIES,  MUNICIPALITIES,  LICENSED  AMBULANCE  AND   FIRST
 RESPONSE AGENCIES, AIR MEDICAL PROVIDERS AND OTHERS AS DETERMINED BY THE
 DISTRICT  COUNCIL.  THERE  SHALL BE TEN REGIONAL SERVICE DISTRICTS WHICH
 WILL CORRESPOND  TO  ECONOMIC  DEVELOPMENT  REGIONS  AS  ESTABLISHED  IN
 SECTION  TWO  HUNDRED  THIRTY  OF  THE ECONOMIC DEVELOPMENT LAW THAT ARE
 ESTABLISHED IN ALL AREAS OF THE STATE AND OPERATE UNDER THE DIRECTION OF
 THE DEPARTMENT.
   2. A GROUP OF FIVE EMERGENCY MEDICAL SERVICE PROVIDERS IN EACH REGION,
 WITH NOMINATIONS MADE FROM ANYONE IN THE DISTRICT AND APPOINTMENT BY THE
 COMMISSIONER, SHALL ACT AS A COUNCIL TO DIRECT  THE  OPERATIONS  OF  THE
 EMERGENCY  MEDICAL  SERVICES  SYSTEM  IN  THEIR REGION. NO LESS THAN ONE
 MEMBER OF THE COUNCIL SHALL BE A LICENSED PHYSICIAN WHO IS BOARD  CERTI-
 FIED IN EMERGENCY MEDICINE OR EMERGENCY MEDICAL SERVICES AND HAS EXPERI-
 ENCE  WORKING  WITH  EMERGENCY  MEDICAL  SERVICES  ORGANIZATIONS, UNLESS
 OTHERWISE DETERMINED BY THE COMMISSIONER. THE DEPARTMENT SHALL ESTABLISH
 TERM LIMITS IN REGULATION.
   3.  AN  EMERGENCY  MEDICAL  SERVICE  PRACTITIONER,  NOMINATED  BY  THE
 REGIONAL EMERGENCY MEDICAL SERVICE DISTRICT COUNCIL AND APPOINTED BY THE
 COMMISSIONER,  SHALL  BE THE REGIONAL EMERGENCY MEDICAL SERVICE DISTRICT
 DIRECTOR AND SHALL BE CHARGED WITH CARRYING OUT  THE  ADMINISTRATION  OF
 THE  REGIONAL EMERGENCY MEDICAL SERVICE DISTRICT WHEN THE COUNCIL IS NOT
 IN SESSION.
   4. A PHYSICIAN BOARD CERTIFIED  IN  EMERGENCY  MEDICINE  OR  EMERGENCY
 MEDICAL  SERVICES  AND WHO HAS EXPERIENCE WORKING WITH EMERGENCY MEDICAL
 SERVICES ORGANIZATIONS, NOMINATED  BY  THE  REGIONAL  EMERGENCY  MEDICAL
 SERVICE DISTRICT COUNCIL AND APPOINTED BY THE COMMISSIONER, SHALL BE THE
 REGIONAL EMERGENCY MEDICAL SERVICES MEDICAL DIRECTOR. THE REGIONAL EMER-
 GENCY  MEDICAL  SERVICES  MEDICAL  DIRECTOR SHALL REPORT TO THE DISTRICT
 DIRECTOR OR THEIR DESIGNEE, AND SHALL BE CHARGED WITH PROVIDING  MEDICAL
 S. 4007--A                         169                        A. 3007--A
 
 DIRECTION  OVERSIGHT  AND  QUALITY  ASSURANCE  TO THE REGIONAL EMERGENCY
 MEDICAL SERVICE DISTRICT.
   5.  THE  REGIONAL  EMERGENCY  MEDICAL SERVICES DISTRICTS SHALL OPERATE
 UNDER THE DIRECTION AND OVERSIGHT OF THE DEPARTMENT TO ENSURE THE  EMER-
 GENCY  MEDICAL  SERVICES  SYSTEM  IS  RELIABLE, SUSTAINABLE AND PROVIDES
 QUALITY CARE TO THE RESIDENTS, COMMUTERS AND VISITORS OF THE DISTRICT.
   § 3034. STATE EMERGENCY MEDICAL SERVICES TASK FORCE. 1. THE DEPARTMENT
 SHALL DEVELOP A STATE EMERGENCY MEDICAL SERVICES (EMS) TASK FORCE, OPER-
 ATED BY THE DEPARTMENT, THAT MAY COORDINATE AND OPERATE  RESOURCES  THAT
 ARE  NEEDED  AROUND THE STATE IN SITUATIONS SUCH AS BUT NOT LIMITED TO A
 DISASTER, LARGE EVENT, SPECIALIZED RESPONSE, COMMUNITY  NEED,  OR  OTHER
 NEED AS DETERMINED BY THE COMMISSIONER.
   2.  THE  STATE  EMS  TASK FORCE SHALL BE MADE UP OF NON-GOVERNMENT AND
 GOVERNMENT AGENCIES, THAT ARE  LICENSED  TO  PROVIDE  EMERGENCY  MEDICAL
 SERVICES  IN THE STATE INCLUDING BUT NOT LIMITED TO COMMERCIAL AGENCIES,
 NONPROFITS, FIRE DEPARTMENTS AND THIRD SERVICES.
   3. THE DEPARTMENT WILL ALLOCATE FUNDS TO EFFECTUATE  THE  DELIVERY  OF
 THE  STATE  EMS TASK FORCE THAT WILL ALLOW FOR CONTRACTING WITH LICENSED
 EMERGENCY  MEDICAL  SERVICES  AGENCIES,  THE  PURCHASE  OF   SPECIALIZED
 RESPONSE  EQUIPMENT, STAFF TO CARRY OUT THE DAILY FUNCTIONS OF THE STATE
 EMS TASK FORCE EITHER DIRECTLY OR BY CONTRACT  AND  OTHER  FUNCTIONS  AS
 DETERMINED BY THE DEPARTMENT.
   4. THE STATE EMERGENCY MEDICAL SERVICES COUNCIL SHALL MAKE RECOMMENDA-
 TIONS  TO  THE  DEPARTMENT TO EFFECTUATE THE DEVELOPMENT AND DELIVERY OF
 CARE BY THE STATE EMS TASK FORCE.
   5. THE STATE EMS TASK  FORCE  SHALL  HAVE  THE  AUTHORITY  TO  OPERATE
 THROUGHOUT  NEW YORK STATE OR OUTSIDE OF THE STATE WITH PRIOR PERMISSION
 OF THE COMMISSIONER. NOTWITHSTANDING ANY LAW TO THE CONTRARY,  CONTRACTS
 LET  BY  THE  STATE  EMS  TASK  FORCE  SHALL BE EXEMPT FROM SECTIONS ONE
 HUNDRED TWELVE AND ONE HUNDRED SIXTY-THREE OF THE STATE FINANCE LAW.
   § 3035. DEMONSTRATION PROJECTS. THE DEPARTMENT, IN  CONSULTATION  WITH
 THE  STATE  EMERGENCY  MEDICAL SERVICES COUNCIL, MAY ALLOW DEMONSTRATION
 PROJECTS RELATED TO THE EMERGENCY  MEDICAL  SYSTEM.  SUCH  DEMONSTRATION
 PROJECTS MAY ALLOW FOR WAIVERS OF CERTAIN PARTS OF THIS ARTICLE, ARTICLE
 THIRTY-A  OF  THIS  CHAPTER,  AND  APPLICABLE  REGULATIONS, PROVIDED THE
 DEMONSTRATION PROJECT MEETS ANY APPLICABLE STANDARDS SET  FORTH  BY  THE
 DEPARTMENT.
   §  3036.  EMERGENCY  MEDICAL SYSTEM SUPPORT SERVICES. THE COMMISSIONER
 MAY PROMULGATE REGULATIONS, WITH THE APPROVAL  OF  THE  STATE  EMERGENCY
 MEDICAL  SERVICES  COUNCIL, TO SET STANDARDS AND CRITERIA FOR BASIC LIFE
 SUPPORT FIRST RESPONSE AGENCIES, EMERGENCY MEDICAL DISPATCH, AND SPECIAL
 EVENT SERVICES, TO STRENGTHEN  THE  EMERGENCY  MEDICAL  SERVICE  SYSTEM.
 THESE  ORGANIZATIONS SHALL NOT BE REQUIRED TO MEET THE STANDARDS SET FOR
 DETERMINATION OF OPERATING AUTHORITY AS OUTLINED IN SECTION THREE  THOU-
 SAND  EIGHT  OF  THIS  ARTICLE  UNLESS OTHERWISE DETERMINED BY THE STATE
 EMERGENCY MEDICAL SERVICES COUNCIL AND APPROVED BY THE DEPARTMENT.
   § 3037. RULES AND REGULATIONS. THE COMMISSIONER, UPON APPROVAL OF  THE
 STATE EMERGENCY MEDICAL SERVICES COUNCIL, MAY PROMULGATE RULES AND REGU-
 LATIONS TO EFFECTUATE THE PURPOSES OF THIS ARTICLE.
   §  12.  Section  6909  of the education law is amended by adding a new
 subdivision 11 to read as follows:
   11. A CERTIFIED NURSE PRACTITIONER MAY PRESCRIBE AND ORDER  A  NON-PA-
 TIENT  SPECIFIC  REGIMEN  TO  AN EMERGENCY MEDICAL SERVICES PRACTITIONER
 LICENSED BY THE DEPARTMENT OF HEALTH PURSUANT TO ARTICLE THIRTY  OF  THE
 PUBLIC  HEALTH  LAW,  PURSUANT TO REGULATIONS PROMULGATED BY THE COMMIS-
 SIONER, AND CONSISTENT WITH THE PUBLIC  HEALTH  LAW,  FOR  ADMINISTERING
 S. 4007--A                         170                        A. 3007--A
 
 IMMUNIZATIONS.  NOTHING  IN  THIS SUBDIVISION SHALL AUTHORIZE UNLICENSED
 PERSONS TO ADMINISTER IMMUNIZATIONS, VACCINES OR OTHER DRUGS.
   §  13.  Section  6527  of the education law is amended by adding a new
 subdivision 11 to read as follows:
   11. A LICENSED PHYSICIAN MAY PRESCRIBE AND ORDER A NON-PATIENT SPECIF-
 IC REGIMEN TO AN EMERGENCY MEDICAL SERVICES PRACTITIONER LICENSED BY THE
 DEPARTMENT OF HEALTH PURSUANT TO ARTICLE THIRTY  OF  THE  PUBLIC  HEALTH
 LAW,  PURSUANT  TO  REGULATIONS  PROMULGATED  BY  THE  COMMISSIONER, AND
 CONSISTENT WITH THE PUBLIC HEALTH LAW, FOR ADMINISTERING  IMMUNIZATIONS.
 NOTHING IN THIS SUBDIVISION SHALL AUTHORIZE UNLICENSED PERSONS TO ADMIN-
 ISTER IMMUNIZATIONS, VACCINES OR OTHER DRUGS.
   §  14. This act shall take effect immediately; provided, however, that
 section 3033 of the public health law, as added  by  section  eleven  of
 this  act,  shall  take  effect on the ninetieth day after it shall have
 become a law.
 
                                  PART T
 
   Section 1. The public health law is amended by adding  a  new  section
 1377 to read as follows:
   §  1377.  STATE  RENTAL REGISTRY AND PROACTIVE INSPECTIONS TO IDENTIFY
 LEAD HAZARDS. 1. THE DEPARTMENT SHALL DEVELOP A REGISTRY FOR  ALL  RESI-
 DENTIAL DWELLINGS WITH TWO OR MORE UNITS BUILT PRIOR TO NINETEEN HUNDRED
 EIGHTY  WHICH,  BY  VIRTUE  OF  THEIR  MUNICIPAL ZONING DESIGNATION, ARE
 POTENTIALLY ELIGIBLE FOR RENTAL, LEASE,  LET  OR  HIRING  OUT,  AND  ARE
 LOCATED  WITHIN  COMMUNITIES OF CONCERN AS IDENTIFIED BY THE DEPARTMENT.
 SUCH  REGISTRY  SHALL  ONLY  INCLUDE  QUALIFYING  RESIDENTIAL  DWELLINGS
 OUTSIDE NEW YORK CITY.
   2.  ALL  RESIDENTIAL  DWELLINGS  QUALIFYING FOR REGISTRATION IN ACCORD
 WITH THIS SECTION MUST BE CERTIFIED AS FREE OF LEAD PAINT HAZARDS  BASED
 ON  INSPECTIONS  CONDUCTED  ON  A  TRI-ANNUAL  BASIS. INSPECTION CERTIF-
 ICATIONS MUST BE SUBMITTED TO  THE  LOCAL  HEALTH  DEPARTMENT  OR  THEIR
 DESIGNEE FOR RECORDING IN THE RENTAL REGISTRY.
   3. THE COMMISSIONER SHALL PROMULGATE REGULATIONS AS NEEDED TO ADMINIS-
 TER,  COORDINATE,  AND ENFORCE THIS SECTION, INCLUDING THE ESTABLISHMENT
 OF FINES TO BE LEVIED IN THE EVENT OF NON-COMPLIANCE WITH  THE  REQUIRE-
 MENTS OF THIS SECTION.
   4.  INSPECTION  REQUIREMENTS SHALL BE BASED ON REGULATION AND GUIDANCE
 FROM THE DEPARTMENT AND MAY INCLUDE QUALIFICATIONS FOR INSPECTORS, MINI-
 MUM REQUIREMENTS OF A COMPLIANT INSPECTION AND A PROCESS  FOR  REPORTING
 INSPECTION  RESULTS  TO  LOCAL  HEALTH  DEPARTMENTS.  MINIMUM INSPECTION
 REQUIREMENTS MAY INCLUDE VISUAL INSPECTIONS FOR DETERIORATED  PAINT  AND
 OUTDOOR  SOIL CONDITIONS, AS WELL AS THE COLLECTION OF DUST WIPE SAMPLES
 OBTAINED IN ACCORDANCE WITH UNITED STATES ENVIRONMENTAL PROTECTION AGEN-
 CY PROTOCOLS FOR SUCH PROCEDURES.
   5. REMEDIATION OF  LEAD-BASED  PAINT  HAZARDS  MUST  BE  CONDUCTED  IN
 COMPLIANCE  WITH  ALL  MUNICIPAL  REQUIREMENTS AND SPECIFIC REQUIREMENTS
 SPECIFIED IN REGULATION.
   § 2. Paragraphs h and i of subdivision 1 of section 381 of the  execu-
 tive law, as added by chapter 560 of the laws of 2010, are amended and a
 new paragraph j is added to read as follows:
   h.  minimum  basic  training  and in-service training requirements for
 personnel charged with administration and enforcement of the state ener-
 gy conservation construction code; [and]
 S. 4007--A                         171                        A. 3007--A
 
   i. standards and procedures for measuring the rate of compliance  with
 the  state energy conservation construction code, and provisions requir-
 ing that such rate of compliance be measured on an annual basis[.]; AND
   J.  PROCEDURES  REQUIRING  THE  DOCUMENTATION OF COMPLIANCE WITH REGU-
 LATIONS ADOPTED PURSUANT TO SECTION THIRTEEN  HUNDRED  SEVENTY-SEVEN  OF
 THE  PUBLIC  HEALTH  LAW  AS A CONDITION TO ISSUANCE OF A CERTIFICATE OF
 OCCUPANCY OR CERTIFICATE OF COMPLIANCE FOLLOWING A PERIODIC FIRE  SAFETY
 AND PROPERTY MAINTENANCE INSPECTION FOR MULTIPLE DWELLINGS.
   §  3.  This  act  shall  take  effect  immediately; provided, however,
 section one of this act shall take effect eighteen months after it shall
 have become a law; and provided further, however, section  two  of  this
 act  shall  take  effect  two  years  after  it shall have become a law.
 Effective immediately, the addition, amendment,  and/or  repeal  of  any
 rule  or  regulation necessary for the timely implementation of this act
 on or before its effective date are authorized to be made and  completed
 on or before such effective date.

                                  PART U
 
   Section  1.    The  general  business  law  is amended by adding a new
 section 394-f to read as follows:
   § 394-F. WARRANTS FOR REPRODUCTIVE HEALTH RELATED ELECTRONIC DATA.  1.
 FOR  THE  PURPOSES  OF  THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE
 FOLLOWING MEANINGS:
   A. "ELECTRONIC COMMUNICATION" MEANS ANY TRANSFER  OF  SIGNS,  SIGNALS,
 WRITING, IMAGES, SOUNDS, DATA, OR INTELLIGENCE OF ANY NATURE TRANSMITTED
 IN  WHOLE  OR IN PART BY A WIRE, RADIO, ELECTROMAGNETIC, PHOTOELECTRONIC
 OR PHOTO-OPTICAL SYSTEM; PROVIDED, HOWEVER, SUCH TERM SHALL NOT INCLUDE:
   I. ANY TELEPHONIC OR TELEGRAPHIC COMMUNICATION.
   II. ANY COMMUNICATION MADE THROUGH A TONE ONLY PAGING DEVICE.
   III. ANY COMMUNICATION MADE THROUGH A TRACKING DEVICE CONSISTING OF AN
 ELECTRONIC OR MECHANICAL DEVICE WHICH PERMITS THE TRACKING OF THE  MOVE-
 MENT OF A PERSON OR OBJECT.
   IV.  ANY  COMMUNICATION  THAT  IS DISSEMINATED BY THE SENDER THROUGH A
 METHOD OF TRANSMISSION THAT IS CONFIGURED SO THAT SUCH COMMUNICATION  IS
 READILY ACCESSIBLE TO THE PUBLIC.
   B.   "ELECTRONIC  COMMUNICATION  SERVICES"  MEANS  ANY  SERVICE  WHICH
 PROVIDES TO USERS THEREOF THE ABILITY TO SEND OR RECEIVE WIRE  OR  ELEC-
 TRONIC COMMUNICATIONS.
   C.  "PROHIBITED VIOLATION" MEANS ANY CIVIL OR CRIMINAL OFFENSE DEFINED
 UNDER THE LAWS OF ANOTHER STATE THAT CREATES CIVIL OR CRIMINAL LIABILITY
 OR ANY THEORY OF VICARIOUS, JOINT, SEVERAL OR CONSPIRACY LIABILITY  FOR,
 IN WHOLE OR IN PART BASED ON OR ARISING OUT OF, EITHER OF THE FOLLOWING,
 UNLESS  SUCH  OUT-OF-STATE PROCEEDING I. SOUNDS IN TORT OR CONTRACT; II.
 IS ACTIONABLE, IN AN EQUIVALENT OR SIMILAR MANNER,  UNDER  THE  LAWS  OF
 THIS STATE; OR III. WAS BROUGHT BY THE PATIENT WHO RECEIVED REPRODUCTIVE
 HEALTH CARE, OR THE PATIENT'S LEGAL REPRESENTATIVE:
   (1)  PROVIDING,  FACILITATING,  OR  OBTAINING REPRODUCTIVE HEALTH CARE
 SERVICES THAT ARE LAWFUL UNDER NEW YORK LAW; OR
   (2) INTENDING OR ATTEMPTING TO PROVIDE, FACILITATE, OR  OBTAIN  REPRO-
 DUCTIVE HEALTH CARE SERVICES THAT ARE LAWFUL UNDER NEW YORK LAW.
   D.  "REPRODUCTIVE  HEALTH CARE SERVICES" MEANS ANY SERVICES RELATED TO
 THE  PERFORMANCE  OR  AIDING  WITHIN  THE  PERFORMANCE  OF  AN  ABORTION
 PERFORMED  WITHIN  THIS  STATE  THAT IS PERFORMED IN ACCORDANCE WITH THE
 APPLICABLE LAW OF THIS STATE, ENDING, SEEKING TO END, OR AIDING  ANOTHER
 S. 4007--A                         172                        A. 3007--A
 
 IN  ENDING  THEIR PREGNANCY WITHIN THIS STATE, OR PROCURING OR AIDING IN
 THE PROCUREMENT OF AN ABORTION WITHIN THIS STATE.
   2.  ANY  PERSON OR ENTITY THAT IS HEADQUARTERED OR INCORPORATED IN NEW
 YORK THAT PROVIDES ELECTRONIC COMMUNICATIONS  SERVICES  TO  THE  GENERAL
 PUBLIC,  WHEN  SERVED  WITH A WARRANT ISSUED BY ANOTHER STATE TO PRODUCE
 RECORDS THAT WOULD REVEAL THE IDENTITY  OF  THE  CUSTOMERS  USING  THOSE
 SERVICES,  DATA  STORED BY OR ON BEHALF OF THE CUSTOMERS, THE CUSTOMERS'
 USAGE OF THOSE SERVICES, THE RECIPIENT OR DESTINATION OF  COMMUNICATIONS
 SENT TO OR FROM THOSE CUSTOMERS, OR THE CONTENT OF THOSE COMMUNICATIONS,
 SHALL  NOT  PRODUCE  THOSE  RECORDS WHEN THE CORPORATION KNOWS OR SHOULD
 KNOW THAT THE WARRANT RELATES TO AN INVESTIGATION INTO,  OR  ENFORCEMENT
 OF, A PROHIBITED VIOLATION.
   3.  ANY  PERSON OR ENTITY THAT IS HEADQUARTERED OR INCORPORATED IN NEW
 YORK MAY COMPLY WITH A WARRANT AS DESCRIBED IN SUBDIVISION TWO  OF  THIS
 SECTION  IF  THE  WARRANT  IS  ACCOMPANIED BY AN ATTESTATION MADE BY THE
 ENTITY SEEKING THE RECORDS THAT THE EVIDENCE SOUGHT IS NOT RELATED TO AN
 INVESTIGATION INTO, OR ENFORCEMENT OF, A PROHIBITED VIOLATION.
   4. THE ATTORNEY GENERAL MAY COMMENCE A  CIVIL  ACTION  TO  COMPEL  ANY
 CORPORATION  HEADQUARTERED  OR  INCORPORATED  IN  NEW YORK THAT PROVIDES
 ELECTRONIC COMMUNICATIONS SERVICES OR REMOTE COMPUTING SERVICES  TO  THE
 GENERAL PUBLIC TO COMPLY WITH THE PROVISIONS OF THIS SECTION.
   § 2. The general business law is amended by adding a new section 394-g
 to read as follows:
   § 394-G. GEOFENCING OF HEALTH CARE FACILITIES.  1. FOR THE PURPOSES OF
 THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   A.  "DIGITAL ADVERTISEMENT" MEANS ANY COMMUNICATION DELIVERED BY ELEC-
 TRONIC MEANS THAT IS INTENDED TO BE USED FOR THE PURPOSES OF  MARKETING,
 SOLICITATION, OR DISSEMINATION OF INFORMATION RELATED, DIRECTLY OR INDI-
 RECTLY,  TO  GOODS  OR  SERVICES PROVIDED BY THE DIGITAL ADVERTISER OR A
 THIRD PARTY.
   B. "GEOFENCING" MEANS A TECHNOLOGY THAT USES GLOBAL POSITIONING SYSTEM
 COORDINATES, CELL TOWER CONNECTIVITY,  CELLULAR  DATA,  RADIO  FREQUENCY
 IDENTIFICATION,  WI-FI DATA AND/OR ANY OTHER FORM OF LOCATION DETECTION,
 TO  ESTABLISH  A  VIRTUAL  BOUNDARY  OR  "GEOFENCE" AROUND A  PARTICULAR
 LOCATION  THAT   ALLOWS  A  DIGITAL  ADVERTISER  TO  TRACK  THE LOCATION
 OF  AN  INDIVIDUAL  USER  AND  ELECTRONICALLY DELIVER  TARGETED  DIGITAL
 ADVERTISEMENTS  DIRECTLY TO SUCH USER'S MOBILE DEVICE  UPON  SUCH USER'S
 ENTRY INTO THE GEOFENCED AREA.
   C. "HEALTH CARE FACILITY" MEANS ANY GOVERNMENTAL  OR  PRIVATE  AGENCY,
 DEPARTMENT,   INSTITUTION,  CLINIC,  LABORATORY,  HOSPITAL,  PHYSICIAN'S
 OFFICE, NURSING CARE FACILITY, HEALTH MAINTENANCE ORGANIZATION,  ASSOCI-
 ATION  OR  OTHER  SIMILAR  ENTITY  THAT PROVIDES MEDICAL CARE OR RELATED
 SERVICES PURSUANT TO THE PROVISIONS OF THE  PUBLIC  HEALTH  LAW  OR  THE
 MENTAL  HYGIENE  LAW,  INCLUDING  THE BUILDING OR STRUCTURE IN WHICH THE
 FACILITY IS LOCATED.
   D. "USER" MEANS A NATURAL PERSON WHO OWNS OR USES A MOBILE  DEVICE  OR
 ANY  OTHER  CONNECTED  ELECTRONIC  DEVICE  CAPABLE  OF RECEIVING DIGITAL
 ADVERTISEMENTS.
   2. IT SHALL BE UNLAWFUL FOR ANY PERSON, CORPORATION,  PARTNERSHIP,  OR
 ASSOCIATION  TO  ESTABLISH A GEOFENCE OR SIMILAR VIRTUAL BOUNDARY AROUND
 ANY HEALTH CARE FACILITY, AS DEFINED PURSUANT TO PARAGRAPH C OF SUBDIVI-
 SION ONE OF THIS SECTION, FOR THE PURPOSE OF  DELIVERING  BY  ELECTRONIC
 MEANS  A  DIGITAL  ADVERTISEMENT TO A USER AT OR WITHIN SUCH HEALTH CARE
 FACILITY, AND IT SHALL BE UNLAWFUL FOR ANY PERSON, CORPORATION, PARTNER-
 SHIP, OR ASSOCIATION TO DELIVER BY ELECTRONIC MEANS ANY  DIGITAL  ADVER-
 S. 4007--A                         173                        A. 3007--A
 
 TISEMENT  TO  A  USER AT OR WITHIN ANY SUCH HEALTH CARE FACILITY THROUGH
 THE USE OF GEOFENCING OR SIMILAR VIRTUAL BOUNDARY.
   § 3. Severability. If any provision of this article or the application
 thereof  to  any person or circumstances is held invalid, the invalidity
 thereof shall not affect other provisions or applications of the article
 which can be given effect without the invalid provision or  application,
 and to this end the provisions of this article are severable.
   §  4.  This  act shall take effect on the thirtieth day after it shall
 have become a law.
 
                                  PART V
 
   Section 1. Section 6801 of the education law is amended  by  adding  a
 new subdivision 9 to read as follows:
   9.  A  LICENSED  PHARMACIST  WITHIN THEIR LAWFUL SCOPE OF PRACTICE MAY
 PRESCRIBE AND ORDER SELF-ADMINISTERED HORMONAL CONTRACEPTIVES AND  EMER-
 GENCY  CONTRACEPTIVE DRUG THERAPY IN ACCORDANCE WITH STANDARDIZED PROCE-
 DURES OR PROTOCOLS DEVELOPED AND APPROVED BY THE BOARD  OF  PHARMACY  IN
 CONSULTATION WITH THE DEPARTMENT OF HEALTH.
   (A)  THE  STANDARDIZED  PROCEDURE  OR  PROTOCOL SHALL REQUIRE THAT THE
 PATIENT USE A  SELF-SCREENING  TOOL  THAT  WILL  IDENTIFY  PATIENT  RISK
 FACTORS  FOR  USE OF SELF-ADMINISTERED HORMONAL CONTRACEPTIVES AND EMER-
 GENCY CONTRACEPTIVE DRUG THERAPY, BASED ON  THE  CURRENT  UNITED  STATES
 MEDICAL  ELIGIBILITY CRITERIA (USMEC) FOR CONTRACEPTIVE USE DEVELOPED BY
 THE FEDERAL CENTERS FOR DISEASE CONTROL AND  PREVENTION,  AND  THAT  THE
 PHARMACIST  REFER THE PATIENT TO THE PATIENT'S PRIMARY CARE PROVIDER OR,
 IF THE PATIENT DOES NOT HAVE A PRIMARY CARE PROVIDER, TO NEARBY CLINICS,
 UPON FURNISHING A SELF-ADMINISTERED HORMONAL CONTRACEPTIVE OR  EMERGENCY
 CONTRACEPTIVE  DRUG  THERAPY  PURSUANT  TO THIS SUBDIVISION, OR IF IT IS
 DETERMINED THAT USE OF A  SELF-ADMINISTERED  HORMONAL  CONTRACEPTIVE  OR
 EMERGENCY CONTRACEPTIVE DRUG THERAPY IS NOT RECOMMENDED.
   (B)  PRIOR TO PRESCRIBING SELF-ADMINISTERED HORMONAL CONTRACEPTIVES OR
 EMERGENCY CONTRACEPTIVE DRUG THERAPY UNDER THIS SUBDIVISION,  A  PHARMA-
 CIST  SHALL  COMPLETE  A  TRAINING PROGRAM ON SELF-ADMINISTERED HORMONAL
 CONTRACEPTIVES OR EMERGENCY CONTRACEPTIVE DRUG THERAPY,  AS  APPLICABLE,
 THAT  CONSISTS  OF AT LEAST ONE HOUR OF APPROVED CONTINUING EDUCATION ON
 SELF-ADMINISTERED HORMONAL  CONTRACEPTIVES  OR  EMERGENCY  CONTRACEPTIVE
 DRUG THERAPY.
   (C)  A  PHARMACIST, PHARMACIST'S EMPLOYER, OR PHARMACIST'S AGENT SHALL
 NOT DIRECTLY CHARGE A PATIENT A SEPARATE CONSULTATION FEE  FOR  SELF-AD-
 MINISTERED HORMONAL CONTRACEPTIVES OR EMERGENCY CONTRACEPTIVE DRUG THER-
 APY  SERVICES  INITIATED PURSUANT TO THIS SUBDIVISION, BUT MAY CHARGE AN
 ADMINISTRATIVE FEE NOT TO EXCEED TEN DOLLARS ABOVE THE  RETAIL  COST  OF
 THE  DRUG. UPON AN ORAL, TELEPHONIC, ELECTRONIC, OR WRITTEN REQUEST FROM
 A PATIENT OR CUSTOMER,  A  PHARMACIST  OR  PHARMACIST'S  EMPLOYEE  SHALL
 DISCLOSE  THE  TOTAL RETAIL PRICE THAT A CONSUMER WOULD PAY FOR SELF-AD-
 MINISTERED HORMONAL CONTRACEPTIVES OR EMERGENCY CONTRACEPTIVE DRUG THER-
 APY. AS USED IN THIS PARAGRAPH, TOTAL RETAIL  PRICE  INCLUDES  PROVIDING
 THE  CONSUMER WITH SPECIFIC INFORMATION REGARDING THE PRICE OF THE SELF-
 ADMINISTERED HORMONAL CONTRACEPTIVES  OR  EMERGENCY  CONTRACEPTIVE  DRUG
 THERAPY AND THE PRICE OF THE ADMINISTRATIVE FEE CHARGED. THIS LIMITATION
 IS  NOT INTENDED TO INTERFERE WITH OTHER CONTRACTUALLY AGREED-UPON TERMS
 BETWEEN A PHARMACIST, A PHARMACIST'S EMPLOYER, OR A PHARMACIST'S  AGENT,
 AND  A  HEALTH CARE SERVICE PLAN OR INSURER. PATIENTS WHO ARE INSURED OR
 COVERED AND RECEIVE A PHARMACY BENEFIT THAT COVERS THE COST OF  SELF-AD-
 MINISTERED HORMONAL CONTRACEPTIVES OR EMERGENCY CONTRACEPTIVE DRUG THER-
 S. 4007--A                         174                        A. 3007--A
 
 APY  SHALL  NOT  BE REQUIRED TO PAY AN ADMINISTRATIVE FEE. SUCH PATIENTS
 SHALL BE REQUIRED TO PAY COPAYMENTS PURSUANT TO THE TERMS AND CONDITIONS
 OF THEIR COVERAGE. THIS PARAGRAPH SHALL NOT APPLY TO DEDICATED EMERGENCY
 CONTRACEPTIVE  DRUGS  CLASSIFIED  AS  OVER-THE-COUNTER  PRODUCTS  BY THE
 FEDERAL FOOD AND DRUG ADMINISTRATION.
   (D) FOR EACH EMERGENCY CONTRACEPTIVE DRUG THERAPY OR SELF-ADMINISTERED
 HORMONAL CONTRACEPTIVE INITIATED PURSUANT TO THIS SUBDIVISION, THE PHAR-
 MACIST SHALL PROVIDE THE RECIPIENT  OF  THE  DRUG  WITH  A  STANDARDIZED
 FACTSHEET  THAT  INCLUDES,  BUT  IS  NOT LIMITED TO, THE INDICATIONS AND
 CONTRAINDICATIONS FOR USE OF THE DRUG, THE APPROPRIATE METHOD FOR  USING
 THE DRUG, THE NEED FOR MEDICAL FOLLOW-UP, AND OTHER APPROPRIATE INFORMA-
 TION. THE BOARD OF PHARMACY SHALL DEVELOP THIS FORM IN CONSULTATION WITH
 THE  DEPARTMENT  OF  HEALTH.  THIS  SECTION DOES NOT PRECLUDE THE USE OF
 EXISTING PUBLICATIONS DEVELOPED BY NATIONALLY RECOGNIZED MEDICAL  ORGAN-
 IZATIONS.
   § 2. This act shall take effect immediately.
 
                                  PART W
 
   Section  1.  Subdivision  7-a of section 6527 of the education law, as
 added by chapter 502 of the laws of 2016, is amended to read as follows:
   7-a. A licensed physician may prescribe and order a  patient  specific
 order  or  non-patient specific order to a licensed pharmacist, pursuant
 to regulations promulgated by the commissioner in consultation with  the
 commissioner  of  health, and consistent with the public health law, for
 dispensing up to a seven day starter pack of HIV  post-exposure  prophy-
 laxis  for  the  purpose  of  preventing  human  immunodeficiency  virus
 infection following a potential human immunodeficiency  virus  exposure.
 A  LICENSED PHYSICIAN MAY ALSO PRESCRIBE AND ORDER A PATIENT SPECIFIC OR
 NON-PATIENT SPECIFIC ORDER TO A LICENSED PHARMACIST, PURSUANT  TO  REGU-
 LATIONS PROMULGATED BY THE COMMISSIONER IN CONSULTATION WITH THE COMMIS-
 SIONER  OF HEALTH, AND CONSISTENT WITH THE PUBLIC HEALTH LAW AND SECTION
 SIXTY-EIGHT HUNDRED ONE OF THIS TITLE, FOR HIV PRE-EXPOSURE PROPHYLAXIS,
 PROVIDED, HOWEVER, THAT THE REGULATIONS  PROMULGATED  PURSUANT  TO  THIS
 SUBDIVISION  SHALL REQUIRE THAT THE HIV PRE-EXPOSURE PROPHYLAXIS AUTHOR-
 IZED TO BE DISPENSED BY A LICENSED PHARMACIST SHALL PROVIDE FOR AT LEAST
 A THIRTY-DAY, BUT NO MORE THAN A SIXTY-DAY, SUPPLY OF SUCH PROPHYLAXIS.
   § 2. Subdivision 8 of section 6909 of the education law, as  added  by
 chapter 502 of the laws of 2016, is amended to read as follows:
   8.  A  certified  nurse practitioner may prescribe and order a patient
 specific order or non-patient specific order to a  licensed  pharmacist,
 pursuant  to regulations promulgated by the commissioner in consultation
 with the commissioner of health, and consistent with the  public  health
 law,  for dispensing up to a seven day starter pack of HIV post-exposure
 prophylaxis for the purpose of preventing human  immunodeficiency  virus
 infection  following  a potential human immunodeficiency virus exposure.
 A CERTIFIED NURSE PRACTITIONER MAY ALSO PRESCRIBE AND  ORDER  A  PATIENT
 SPECIFIC  OR NON-PATIENT SPECIFIC ORDER TO A LICENSED PHARMACIST, PURSU-
 ANT TO REGULATIONS PROMULGATED BY THE COMMISSIONER IN CONSULTATION  WITH
 THE  COMMISSIONER  OF  HEALTH, AND CONSISTENT WITH THE PUBLIC HEALTH LAW
 AND SECTION SIXTY-EIGHT HUNDRED ONE OF THIS TITLE, FOR HIV  PRE-EXPOSURE
 PROPHYLAXIS,  PROVIDED, HOWEVER, THAT THE REGULATIONS PROMULGATED PURSU-
 ANT TO THIS SUBDIVISION SHALL REQUIRE THAT THE HIV PRE-EXPOSURE  PROPHY-
 LAXIS  AUTHORIZED TO BE DISPENSED BY A LICENSED PHARMACIST SHALL PROVIDE
 FOR AT LEAST A THIRTY-DAY, BUT NO MORE THAN A SIXTY-DAY, SUPPLY OF  SUCH
 PROPHYLAXIS.
 S. 4007--A                         175                        A. 3007--A
 
   §  3.  Subdivision 5 of section 6801 of the education law, as added by
 chapter 502 of the laws of 2016, is amended and a new subdivision  9  is
 added to read as follows:
   5. A licensed pharmacist may execute a non-patient specific order, for
 dispensing  up  to a seven day starter pack of HIV post-exposure prophy-
 laxis medications for the purpose of preventing  human  immunodeficiency
 virus  infection, by a physician licensed in this state or nurse practi-
 tioner certified in  this  state,  pursuant  to  rules  and  regulations
 promulgated by the commissioner in consultation with the commissioner of
 health following a potential human immunodeficiency virus exposure.  THE
 PHARMACIST  SHALL ALSO INFORM THE PATIENT OF THE AVAILABILITY OF PRE-EX-
 POSURE PROPHYLAXIS FOR PERSONS WHO ARE AT SUBSTANTIAL RISK OF  ACQUIRING
 HIV.
   9. A LICENSED PHARMACIST MAY EXECUTE A NON-PATIENT SPECIFIC ORDER, FOR
 DISPENSING  HIV  PRE-EXPOSURE  PROPHYLAXIS,  PURSUANT TO RULES AND REGU-
 LATIONS PROMULGATED BY THE COMMISSIONER IN CONSULTATION WITH THE COMMIS-
 SIONER OF HEALTH PROVIDED,  HOWEVER,  THAT  THE  RULES  AND  REGULATIONS
 PROMULGATED  PURSUANT  TO  THIS  SUBDIVISION  SHALL REQUIRE THAT THE HIV
 PRE-EXPOSURE PROPHYLAXIS AUTHORIZED TO BE DISPENSED BY A LICENSED  PHAR-
 MACIST  SHALL  PROVIDE  FOR  AT  LEAST  A THIRTY-DAY, BUT NO MORE THAN A
 SIXTY-DAY, SUPPLY OF SUCH PROPHYLAXIS. AND PROVIDED  FURTHER,  THAT  THE
 FOLLOWING  CONDITIONS SHALL BE MET BEFORE A PHARMACIST MAY DISPENSE PRE-
 EXPOSURE PROPHYLAXIS:
   (A) THE  PHARMACIST  HAS  COMPLETED  A  TRAINING  PROGRAM  CREATED  OR
 APPROVED  BY THE DEPARTMENT OF HEALTH ON THE USE OF PRE-EXPOSURE PROPHY-
 LAXIS. THE TRAINING PROGRAM SHALL EDUCATE PHARMACISTS ABOUT THE REQUIRE-
 MENTS OF THIS SUBDIVISION, THE RISKS AND SIDE EFFECTS OF THE MEDICATION,
 PATIENT INSURANCE AND  COST  BURDENS,  AND  ANY  OTHER  INFORMATION  THE
 DEPARTMENT OF HEALTH DEEMS NECESSARY OR IMPORTANT;
   (B)  THE PATIENT IS HIV NEGATIVE, AS DOCUMENTED BY A NEGATIVE HIV TEST
 RESULT  OBTAINED  WITHIN  THE  PREVIOUS   SEVEN   DAYS   FROM   AN   HIV
 ANTIGEN/ANTIBODY  TEST  OR ANTIBODY-ONLY TEST OR FROM A RAPID, POINT-OF-
 CARE FINGERSTICK BLOOD TEST APPROVED BY THE FEDERAL FOOD AND DRUG ADMIN-
 ISTRATION. IF THE PATIENT DOES NOT PROVIDE EVIDENCE OF  A  NEGATIVE  HIV
 TEST  IN ACCORDANCE WITH THIS PARAGRAPH, THE PHARMACIST MAY RECOMMEND OR
 ORDER AN HIV TEST. IF THE PATIENT TESTS POSITIVE FOR HIV INFECTION,  THE
 PHARMACIST  SHALL DIRECT THE PATIENT TO A LICENSED PHYSICIAN AND PROVIDE
 THE PATIENT WITH A LIST OF HEALTH CARE  SERVICE  PROVIDERS  AND  CLINICS
 WITHIN THE COUNTY WHERE THE PHARMACIST IS LOCATED OR ADJACENT COUNTIES;
   (C)  THE  PATIENT  DOES  NOT REPORT ANY SIGNS OR SYMPTOMS OF ACUTE HIV
 INFECTION ON A SELF-REPORTED CHECKLIST OF ACUTE HIV INFECTION SIGNS  AND
 SYMPTOMS;
   (D)  THE  PATIENT  DOES  NOT REPORT TAKING ANY CONTRAINDICATED MEDICA-
 TIONS;
   (E) THE PHARMACIST DOES NOT FURNISH MORE THAN A  SIXTY-DAY  SUPPLY  OF
 PRE-EXPOSURE  PROPHYLAXIS TO A SINGLE PATIENT MORE THAN ONCE EVERY YEAR,
 UNLESS DIRECTED OTHERWISE BY A PRESCRIBER;
   (F) THE PHARMACIST PROVIDES  WRITTEN  INFORMATION,  PUBLISHED  BY  THE
 DEPARTMENT  OF HEALTH, TO THE PATIENT ON THE ONGOING USE OF PRE-EXPOSURE
 PROPHYLAXIS, WHICH MAY INCLUDE  EDUCATION  ABOUT  SIDE  EFFECTS,  SAFETY
 DURING PREGNANCY AND BREASTFEEDING, ADHERENCE TO RECOMMENDED DOSING, AND
 THE  IMPORTANCE OF TIMELY TESTING AND TREATMENT, AS APPLICABLE, FOR HIV,
 RENAL FUNCTION, HEPATITIS B, HEPATITIS C, SEXUALLY TRANSMITTED DISEASES,
 AND PREGNANCY FOR INDIVIDUALS OF CHILD-BEARING CAPACITY. THE  PHARMACIST
 SHALL  NOTIFY  THE  PATIENT  THAT THE PATIENT MUST BE SEEN BY A LICENSED
 S. 4007--A                         176                        A. 3007--A
 
 PHYSICIAN TO RECEIVE SUBSEQUENT PRESCRIPTIONS FOR  PRE-EXPOSURE  PROPHY-
 LAXIS; AND
   (G) THE PHARMACIST PROVIDES INFORMATION, DEVELOPED BY THE COMMISSIONER
 OF HEALTH, TO THE PATIENT, OR WHEN THE PATIENT LACKS CAPACITY TO CONSENT
 TO A PERSON AUTHORIZED TO CONSENT TO HEALTH CARE FOR SUCH INDIVIDUAL, ON
 THE  IMPORTANCE OF HAVING A HEALTH CARE PROVIDER AND IF THE PATIENT DOES
 NOT HAVE A HEALTH CARE PROVIDER THE PHARMACIST SHALL PROVIDE THE PATIENT
 A LIST OF LICENSED PHYSICIANS, CLINICS, OR  OTHER  HEALTH  CARE  SERVICE
 PROVIDERS  WITHIN THE COUNTY WHERE THE PHARMACIST IS LOCATED OR ADJACENT
 COUNTIES.
   § 4. Subdivision 6 of section 571 of the public health law, as amended
 by section 1 of part C of chapter 57 of the laws of 2022, is amended  to
 read as follows:
   6.  "Qualified  health  care professional" means a physician, dentist,
 podiatrist, 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, pharmacist administering [COVID-19 and  influ-
 enza] tests pursuant to subdivision seven of section sixty-eight hundred
 one  of  the  education  law, physician assistant, specialist assistant,
 nurse practitioner, or midwife, who is licensed and registered with  the
 state education department.
   § 5. Subdivision 7 of section 6801 of the education law, as amended by
 section  2  of  part  C of chapter 57 of the laws of 2022, is amended to
 read as follows:
   7. A licensed pharmacist is a qualified health care professional under
 section five hundred seventy-one  of  the  public  health  law  for  the
 purposes  of  directing  a  limited  service laboratory and ordering and
 administering [COVID-19 and influenza] tests authorized by the Food  and
 Drug Administration (FDA), subject to certificate of waiver requirements
 established  pursuant to the federal clinical laboratory improvement act
 of nineteen hundred eighty-eight.
   § 6. Section 8 of part C of chapter 57 of the laws  of  2022  amending
 the public health law and the education law relating to allowing pharma-
 cists  to  direct  limited service laboratories and order and administer
 COVID-19 and influenza tests and  modernizing  nurse  practitioners,  is
 amended to read as follows:
   §  8.  This  act  shall take effect immediately and shall be deemed to
 have been in full force and effect on and after April 1, 2022; provided,
 however, that sections [one, two,] three[,] AND four[, six and seven] of
 this act shall expire and be deemed repealed two years  after  it  shall
 have become a law.
   §  7.  Section  6801  of  the education law is amended by adding a new
 subdivision 10 to read as follows:
   10. A LICENSED PHARMACIST WITHIN THEIR LAWFUL SCOPE  OF  PRACTICE  MAY
 PRESCRIBE AND ORDER MEDICATIONS TO TREAT NICOTINE DEPENDENCE APPROVED BY
 THE FEDERAL FOOD AND DRUG ADMINISTRATION FOR SMOKING CESSATION.
   §  8.  Section  6801  of  the education law is amended by adding a new
 subdivision 11 to read as follows:
   11. A LICENSED PHARMACIST WITHIN THEIR LAWFUL SCOPE  OF  PRACTICE  MAY
 PRESCRIBE  AND  ORDER  OPIOID ANTAGONISTS, LIMITED TO NALOXONE AND OTHER
 MEDICATIONS APPROVED BY THE DEPARTMENT OF HEALTH FOR SUCH PURPOSE PURSU-
 ANT TO SECTIONS  THIRTY-THREE  HUNDRED  NINE  AND  THIRTY-THREE  HUNDRED
 NINE-B OF THE PUBLIC HEALTH LAW.
   § 9. Section 6801-a of the education law, as amended by chapter 238 of
 the laws of 2015, is amended to read as follows:
 S. 4007--A                         177                        A. 3007--A
 
   §   6801-a.   Collaborative  drug  therapy  management  [demonstration
 program].  1. As used in this section, the following  terms  shall  have
 the following meanings:
   a.  "Board"  shall  mean the state board of pharmacy as established by
 section sixty-eight hundred four of this article.
   b. "Clinical services" shall mean the collection and interpretation of
 patient data for the purpose of [initiating, modifying  and]  monitoring
 drug  therapy  AND PRESCRIBING IN ORDER TO ADJUST OR MANAGE DRUG THERAPY
 with associated accountability and  responsibility  for  outcomes  in  a
 direct patient care setting.
   c.  "Collaborative drug therapy management" shall mean the performance
 of clinical services by a pharmacist relating to the review,  evaluation
 and  management  of drug therapy to a patient, who is being treated by a
 physician OR NURSE PRACTITIONER for a  specific  disease  or  associated
 disease  states, in accordance with a written agreement or protocol with
 a voluntarily participating physician [and in accordance with the  poli-
 cies,  procedures, and protocols of the facility] OR NURSE PRACTITIONER.
 Such agreement or protocol as entered into by  the  physician  OR  NURSE
 PRACTITIONER, and a pharmacist, may include[, and shall be limited to]:
   (i) [adjusting or managing] PRESCRIBING IN ORDER TO ADJUST OR MANAGE a
 drug  regimen of a patient, pursuant to a patient specific order or NON-
 PATIENT SPECIFIC protocol made by  the  patient's  physician,  OR  NURSE
 PRACTITIONER,  which  may  include adjusting drug strength, frequency of
 administration or route of administration[. Adjusting the  drug  regimen
 shall  not  include  substituting] or selecting a [different] drug which
 differs from  that  initially  prescribed  by  the  patient's  physician
 [unless such substitution is expressly] OR NURSE PRACTITIONER AS author-
 ized  in  the  written [order] AGREEMENT or protocol, PROVIDED, HOWEVER,
 THAT THE PHARMACIST SHALL APPROPRIATELY CONSIDER  CLINICAL  BENEFIT  AND
 COST  TO THE PATIENT AND/OR PAYER IN DISCHARGING THESE RESPONSIBILITIES.
 The pharmacist shall be required to immediately document in the  patient
 record  changes  made  to  the  patient's drug therapy and shall use any
 reasonable means or method established by the facility  OR  PRACTICE  to
 notify the patient's other treating physicians [with whom he or she does
 not  have  a  written  agreement or protocol regarding such changes. The
 patient's physician may prohibit, by written instruction, any adjustment
 or change in the patient's drug regimen by  the  pharmacist],  PHYSICIAN
 ASSISTANTS,  NURSE  PRACTITIONERS AND OTHER PROFESSIONALS AS REQUIRED BY
 THE FACILITY OR THE COLLABORATIVE PRACTICE AGREEMENT;
   (ii) evaluating and[, only if specifically] AS authorized by the WRIT-
 TEN AGREEMENT OR protocol and only to the extent necessary to  discharge
 the  responsibilities  set forth in this section, ordering disease state
 laboratory tests related to the drug therapy management for the specific
 disease or disease [state] STATES specified within the written agreement
 or protocol; and
   (iii) [only if specifically] AS authorized by the written agreement or
 protocol and only to the extent necessary to discharge the  responsibil-
 ities  set forth in this section, ordering or performing routine patient
 monitoring functions as may be necessary in  the  drug  therapy  manage-
 ment[,  including the collecting and reviewing of patient histories, and
 ordering or checking patient vital signs, including pulse,  temperature,
 blood pressure and respiration].
   d.  "Facility"  shall  mean[:  (i)]  a  [teaching hospital or] general
 hospital, [including any] diagnostic center, treatment center, or hospi-
 tal-based outpatient  department  as  defined  in  section  twenty-eight
 hundred  one  of  the public health law[; or (ii)], A RESIDENTIAL HEALTH
 S. 4007--A                         178                        A. 3007--A
 
 CARE FACILITY OR a nursing home with an on-site pharmacy  staffed  by  a
 licensed  pharmacist  OR ANY FACILITY AS DEFINED IN SECTION TWENTY-EIGHT
 HUNDRED ONE OF THE PUBLIC HEALTH  LAW  OR  OTHER  ENTITY  THAT  PROVIDES
 DIRECT  PATIENT CARE UNDER THE AUSPICES OF A MEDICAL DIRECTOR; provided,
 however, for the purposes of this section the term "facility" shall  not
 include  dental  clinics,  dental dispensaries, [residential health care
 facilities] and rehabilitation centers.
   For the purposes of this section, [a "teaching hospital" shall mean  a
 hospital  licensed pursuant to article twenty-eight of the public health
 law that is eligible to receive  direct  or  indirect  graduate  medical
 education payments pursuant to article twenty-eight of the public health
 law]  A  "PRACTICE" SHALL MEAN A PLACE OR SITUATION IN WHICH PHYSICIANS,
 AND NURSE PRACTITIONERS EITHER ALONE OR IN GROUP PRACTICES PROVIDE DIAG-
 NOSTIC AND TREATMENT CARE FOR PATIENTS.
   e. ["Physician"] "PHYSICIAN OR  NURSE  PRACTITIONER"  shall  mean  the
 physician  OR  NURSE  PRACTITIONER selected by or assigned to a patient,
 who has primary responsibility for the treatment and care of the patient
 for the disease and associated disease states that are  the  subject  of
 the collaborative drug therapy management.
   f.  "Written  agreement  or  protocol"  shall mean a written document,
 pursuant to and consistent with any applicable state or federal require-
 ments, that addresses a specific disease or  associated  disease  states
 and  that  describes  the nature and scope of collaborative drug therapy
 management to be undertaken by the pharmacists,  in  collaboration  with
 the  participating  physician, NURSE PRACTITIONER OR FACILITY in accord-
 ance with the provisions of this section.
   2. a. A pharmacist who meets the experience requirements of  paragraph
 b  of  this  subdivision and who is [employed by or otherwise affiliated
 with a facility] CERTIFIED BY THE DEPARTMENT TO ENGAGE IN  COLLABORATIVE
 DRUG  THERAPY  MANAGEMENT  AND  WHO  IS  EITHER EMPLOYED BY OR OTHERWISE
 AFFILIATED WITH A FACILITY OR IS PARTICIPATING WITH A PRACTICING  PHYSI-
 CIAN  OR  NURSE  PRACTITIONER shall be permitted to enter into a written
 agreement or protocol with a physician, OR NURSE PRACTITIONER OR FACILI-
 TY authorizing collaborative drug therapy  management,  subject  to  the
 limitations  set forth in this section, within the scope of such employ-
 ment [or], affiliation OR PARTICIPATION. ONLY PHARMACISTS  SO  CERTIFIED
 MAY  ENGAGE  IN COLLABORATIVE DRUG THERAPY MANAGEMENT AS DEFINED IN THIS
 SECTION.
   b. A participating pharmacist must[:
   (i)(A) have been awarded either a master of science in clinical  phar-
 macy or a doctor of pharmacy degree;
   (B)] maintain a current unrestricted license[;], and
   [(C)  have  a  minimum  of two years experience, of which at least one
 year of such experience shall include clinical experience  in  a  health
 facility,  which  involves  consultation with physicians with respect to
 drug therapy and may include a residency at a  facility  involving  such
 consultation; or
   (ii)(A) have been awarded a bachelor of science in pharmacy;
   (B) maintain a current unrestricted license; and
   (C) within the last seven years, have a minimum of three years experi-
 ence,  of which at least one year of such experience shall include clin-
 ical experience in a health facility, which involves  consultation  with
 physicians with respect to drug therapy and may include a residency at a
 facility involving such consultation; and
 S. 4007--A                         179                        A. 3007--A

   (iii) meet any additional education, experience, or other requirements
 set forth by the department in consultation with the board] SHALL SATIS-
 FY ANY TWO OF THE FOLLOWING CRITERIA:
   (I)  CERTIFICATION  IN  A  RELEVANT AREA OF PRACTICE INCLUDING BUT NOT
 LIMITED TO AMBULATORY CARE, CRITICAL CARE, GERIATRIC  PHARMACY,  NUCLEAR
 PHARMACY, NUTRITION SUPPORT PHARMACY, ONCOLOGY PHARMACY, PEDIATRIC PHAR-
 MACY,  PHARMACOTHERAPY, OR PSYCHIATRIC PHARMACY, FROM A NATIONAL ACCRED-
 ITING BODY AS APPROVED BY THE DEPARTMENT;
   (II) POSTGRADUATE RESIDENCY THROUGH AN ACCREDITED POSTGRADUATE PROGRAM
 REQUIRING AT LEAST FIFTY PERCENT OF THE EXPERIENCE BE IN DIRECT  PATIENT
 CARE SERVICES WITH INTERDISCIPLINARY TERMS; OR
   (III)  HAVE  PROVIDED  CLINICAL  SERVICES TO PATIENTS FOR AT LEAST ONE
 YEAR EITHER:
   (A) UNDER A COLLABORATIVE PRACTICE AGREEMENT OR PROTOCOL WITH A PHYSI-
 CIAN, NURSE PRACTITIONER OR FACILITY; OR
   (B)  HAVE DOCUMENTED EXPERIENCE IN PROVISION OF CLINICAL  SERVICES  TO
 PATIENTS FOR AT LEAST ONE YEAR OR ONE THOUSAND HOURS, AND DEEMED ACCEPT-
 ABLE TO THE DEPARTMENT UPON RECOMMENDATION OF THE BOARD OF PHARMACY.
   c. Notwithstanding any provision of law, nothing in this section shall
 prohibit  a licensed pharmacist from engaging in clinical services asso-
 ciated with collaborative drug therapy  management,  in  order  to  gain
 experience necessary to qualify under [clause (C) of subparagraph (i) or
 (ii)  of paragraph b] CLAUSE (B) OF SUBPARAGRAPH (III) OF PARAGRAPH B of
 this subdivision, provided that such practice is under  the  supervision
 of  a  pharmacist  that  currently meets the referenced requirement, and
 that such practice is authorized under the written agreement or protocol
 with the physician OR NURSE PRACTITIONER OR FACILITY.
   d. Notwithstanding any provision of this section, nothing herein shall
 authorize the pharmacist to diagnose disease. In the event that a treat-
 ing physician OR NURSE PRACTITIONER may disagree with  the  exercise  of
 professional  judgment  by  a  pharmacist,  the judgment of the treating
 physician OR NURSE PRACTITIONER shall prevail.
   3. [The physician who is a party to a written  agreement  or  protocol
 authorizing  collaborative  drug therapy management shall be employed by
 or otherwise affiliated with the same facility with which the pharmacist
 is also employed or affiliated.
   4. The existence of a written agreement or protocol  on  collaborative
 drug therapy management and the patient's right to choose to not partic-
 ipate in collaborative drug therapy management shall be disclosed to any
 patient  who  is  eligible to receive collaborative drug therapy manage-
 ment. Collaborative drug therapy management shall not be utilized unless
 the patient or the  patient's  authorized  representative  consents,  in
 writing,  to such management. If the patient or the patient's authorized
 representative consents, it shall be  noted  on  the  patient's  medical
 record.  If  the  patient or the patient's authorized representative who
 consented to collaborative drug therapy management chooses to no  longer
 participate  in  such  management, at any time, it shall be noted on the
 patient's medical record. In addition,  the  existence  of  the  written
 agreement or protocol and the patient's consent to such management shall
 be  disclosed  to the patient's primary physician and any other treating
 physician or healthcare provider.
   5.] A PHARMACIST WHO IS CERTIFIED  BY  THE  DEPARTMENT  TO  ENGAGE  IN
 COLLABORATIVE  DRUG THERAPY MANAGEMENT MAY ENTER INTO A WRITTEN COLLABO-
 RATIVE PRACTICE AGREEMENT OR PROTOCOL WITH A  PHYSICIAN,  NURSE  PRACTI-
 TIONER  OR FACILITY AND MAY PRACTICE AS AN INDEPENDENT  PHARMACIST OR AS
 AN EMPLOYEE OF A PHARMACY OR OTHER HEALTH CARE PROVIDER. IN A  FACILITY,
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 THE  PHYSICIAN  OR NURSE PRACTITIONER AND THE PHARMACIST WHO ARE PARTIES
 TO A WRITTEN AGREEMENT OR PROTOCOL AUTHORIZING COLLABORATIVE DRUG THERA-
 PY MANAGEMENT SHALL BE EMPLOYED BY OR BE OTHERWISE AFFILIATED  WITH  THE
 FACILITY.
   4. Participation in a written agreement or protocol authorizing colla-
 borative  drug  therapy  management  shall be voluntary, and no patient,
 physician, NURSE PRACTITIONER, pharmacist, or facility shall be required
 to participate.
   [6. Nothing in this section shall be deemed  to  limit  the  scope  of
 practice of pharmacy nor be deemed to limit the authority of pharmacists
 and physicians to engage in medication management prior to the effective
 date of this section and to the extent authorized by law.]
   §  10. Section 6601 of the education law, as amended by chapter 576 of
 the laws of 2001, is amended to read as follows:
   § 6601. Definition of practice  of  dentistry.  The  practice  of  the
 profession  of  dentistry is defined as diagnosing, treating, operating,
 or prescribing for any disease, pain,  injury,  deformity,  or  physical
 condition  of  the  oral and maxillofacial area related to restoring and
 maintaining dental  health.  The  practice  of  dentistry  includes  the
 prescribing  and  fabrication  of  dental prostheses and appliances. The
 practice of dentistry may include  performing  physical  evaluations  in
 conjunction  with  the  provision  of  dental treatment. THE PRACTICE OF
 DENTISTRY MAY ALSO INCLUDE ORDERING AND ADMINISTERING HIV AND  HEPATITIS
 C  SCREENING  TESTS  OR DIAGNOSTIC TESTS AUTHORIZED BY THE FOOD AND DRUG
 ADMINISTRATION (FDA) AND SUBJECT TO CERTIFICATE OF  WAIVER  REQUIREMENTS
 ESTABLISHED  PURSUANT TO THE FEDERAL CLINICAL LABORATORY IMPROVEMENT ACT
 OF NINETEEN HUNDRED EIGHTY-EIGHT.
   § 11. Subdivision 4 of section 6909 of the education law is amended by
 adding four new paragraphs (i), (j), (k) and (l) to read as follows:
   (I) THE ORDERING OF ASTHMA SELF-MANAGEMENT  EDUCATION  AND  HOME-BASED
 ASTHMA SERVICES.
   (J) THE URGENT OR EMERGENCY TREATMENT OF ASTHMA.
   (K) PROVIDING STOOL TESTS TO SCREEN FOR COLORECTAL CANCER.
   (L) THE ORDERING OF DIABETES SELF-MANAGEMENT EDUCATION AND SUPPORT.
   § 12. Subdivision 6 of section 6527 of the education law is amended by
 adding four new paragraphs (i), (j), (k) and (l) to read as follows:
   (I)  THE  ORDERING  OF ASTHMA SELF-MANAGEMENT EDUCATION AND HOME-BASED
 ASTHMA SERVICES.
   (J) THE URGENT OR EMERGENCY TREATMENT OF ASTHMA.
   (K) PROVIDING STOOL TESTS TO SCREEN FOR COLORECTAL CANCER.
   (L) THE ORDERING OF DIABETES SELF-MANAGEMENT EDUCATION AND SUPPORT.
   § 13. Section 6801 of the education law is amended  by  adding  a  new
 subdivision 12 to read as follows:
   12.  A  LICENSED  PHARMACIST WITHIN THEIR LAWFUL SCOPE OF PRACTICE MAY
 ORDER DIABETES SELF-MANAGEMENT EDUCATION AND SUPPORT  AND  ASTHMA  SELF-
 MANAGEMENT  EDUCATION  AND  HOME-BASED ASTHMA SERVICES FOR PATIENTS, AND
 ANY OTHER SERVICES AUTHORIZED  IN  REGULATION  BY  THE  COMMISSIONER  IN
 COLLABORATION WITH THE COMMISSIONER OF HEALTH.
   §  14.  Paragraph  (q) of subdivision 2 of section 365-a of the social
 services law, as amended by section 35 of part B of chapter  58  of  the
 laws of 2010, is amended to read as follows:
   (q)  diabetes  self-management training services for persons diagnosed
 with diabetes when such services are ordered by a physician,  registered
 physician  assistant, registered nurse practitioner, LICENSED PHARMACIST
 or licensed midwife and provided by a licensed, registered, or certified
 health care professional, as determined by the commissioner  of  health,
 S. 4007--A                         181                        A. 3007--A
 
 who  is  certified  as a diabetes educator by the National Certification
 Board for Diabetes Educators,  or  a  successor  national  certification
 board,  or  provided  by  such  a  professional who is affiliated with a
 program  certified  by  the  American Diabetes Association, the American
 Association of Diabetes Educators, the Indian Health  Services,  or  any
 other  national  accreditation  organization  approved  by  the  federal
 centers for medicare and medicaid services; provided, however, that  the
 provisions  of this paragraph shall not take effect unless all necessary
 approvals under federal law and regulation have been obtained to receive
 federal financial participation in the costs  of  health  care  services
 provided  pursuant to this paragraph. Nothing in this paragraph shall be
 construed to modify any licensure, certification or  scope  of  practice
 provision under title eight of the education law.
   §  15.  Paragraph  (r) of subdivision 2 of section 365-a of the social
 services law, as added by section 32 of part C of chapter 58 of the laws
 of 2008,  is amended to read as follows:
   (r) asthma self-management training  services  for  persons  diagnosed
 with  asthma  when  such services are ordered by a physician, registered
 physician's  assistant,  registered  nurse  practitioner,     REGISTERED
 PROFESSIONAL NURSE, LICENSED PHARMACIST or licensed midwife and provided
 by  a  licensed,  registered,  or certified health care professional, as
 determined by the commissioner of health, who is certified as an  asthma
 educator  by  the  National  Asthma  Educator  Certification Board, or a
 successor national certification  board;  provided,  however,  that  the
 provisions  of this paragraph shall not take effect unless all necessary
 approvals under federal law and regulation have been obtained to receive
 federal financial participation in the costs  of  health  care  services
 provided pursuant to this paragraph.  Nothing in this paragraph shall be
 construed  to  modify  any licensure, certification or scope of practice
 provision under title eight of the education law.
   § 16. Paragraph (v) of subdivision 2 of section 365-a  of  the  social
 services  law, as added by section 4 of part B of chapter 58 of the laws
 of 2010, is amended to read as follows:
   (v) ORDERING AND administration of vaccinations [in a pharmacy], MEDI-
 CATIONS, SELF-MANAGEMENT EDUCATION, AND HOME-BASED SERVICES by a [certi-
 fied] LICENSED pharmacist within [his or her] THEIR scope of practice.
   § 17. Section 6542 of the education law, as amended by chapter  48  of
 the laws of 2012, subdivisions 3 and 5 as amended by section 1 of part T
 of chapter 57 of the laws of 2013, is amended to read as follows:
   §  6542. Performance of medical services. 1. Notwithstanding any other
 provision of law, a physician assistant may  perform  medical  services,
 but  only  when  under the supervision of a physician and only when such
 acts and duties as are assigned to him or her are within  the  scope  of
 practice  of  such  supervising  physician UNLESS OTHERWISE PERMITTED BY
 THIS SECTION.
   1-A. A PHYSICIAN ASSISTANT MAY PRACTICE WITHOUT THE SUPERVISION  OF  A
 PHYSICIAN UNDER THE FOLLOWING CIRCUMSTANCES:
   A.  WHERE  THE  PHYSICIAN ASSISTANT, LICENSED UNDER SECTION SIXTY-FIVE
 HUNDRED FORTY-ONE OF THIS ARTICLE HAS  PRACTICED  FOR  MORE  THAN  EIGHT
 THOUSAND HOURS AND:
   (I)    IS PRACTICING IN PRIMARY CARE.  FOR PURPOSES OF THIS PARAGRAPH,
 "PRIMARY CARE" SHALL MEAN NON-SURGICAL CARE IN  THE  FIELDS  OF  GENERAL
 PEDIATRICS, GENERAL ADULT MEDICINE, GENERAL GERIATRIC  MEDICINE, GENERAL
 INTERNAL  MEDICINE,  OBSTETRICS AND GYNECOLOGY, FAMILY MEDICINE, OR SUCH
 OTHER RELATED AREAS AS DETERMINED BY THE COMMISSIONER OF HEALTH; OR
 S. 4007--A                         182                        A. 3007--A
 
   (II) IS EMPLOYED BY A HEALTH  SYSTEM  OR  HOSPITAL  ESTABLISHED  UNDER
 ARTICLE  TWENTY-EIGHT OF THE PUBLIC HEALTH LAW, AND THE HEALTH SYSTEM OR
 HOSPITAL DETERMINES THE PHYSICIAN ASSISTANT MEETS THE QUALIFICATIONS  OF
 THE  MEDICAL  STAFF  BYLAWS  AND THE HEALTH SYSTEM OR HOSPITAL GIVES THE
 PHYSICIAN ASSISTANT PRIVILEGES;
   B.    WHERE  A  PHYSICIAN  ASSISTANT LICENSED UNDER SECTION SIXTY-FIVE
 HUNDRED FORTY-ONE OF THIS ARTICLE HAS COMPLETED A  PROGRAM  APPROVED  BY
 THE DEPARTMENT OF HEALTH, IN CONSULTATION WITH THE DEPARTMENT, WHEN SUCH
 SERVICES ARE PERFORMED WITHIN THE SCOPE OF SUCH PROGRAM.
   C.  THE  DEPARTMENT  AND  THE  DEPARTMENT  OF HEALTH ARE AUTHORIZED TO
 PROMULGATE AND UPDATE REGULATIONS PURSUANT TO THIS SECTION.
   2. [Supervision] WHERE SUPERVISION IS REQUIRED  BY  THIS  SECTION,  IT
 shall  be continuous but shall not be construed as necessarily requiring
 the physical presence of the supervising physician at the time and place
 where such services are performed.
   3. [No physician shall employ or supervise more  than  four  physician
 assistants in his or her private practice.
   4.]  Nothing  in this article shall prohibit a hospital from employing
 physician assistants provided they [work  under  the  supervision  of  a
 physician  designated  by the hospital and not beyond the scope of prac-
 tice of such physician. The numerical limitation of subdivision three of
 this section shall not apply to services performed in a hospital.
   5. Notwithstanding any other provision of this article, nothing  shall
 prohibit a physician employed by or rendering services to the department
 of corrections and community supervision under contract from supervising
 no  more  than  six  physician assistants in his or her practice for the
 department of corrections and community supervision.
   6. Notwithstanding any  other  provision  of  law,  a  trainee  in  an
 approved  program  may  perform  medical services when such services are
 performed within the scope of such program.] MEET THE QUALIFICATIONS  OF
 THE MEDICAL STAFF BYLAWS AND ARE GIVEN PRIVILEGES AND OTHERWISE MEET THE
 REQUIREMENTS OF THIS SECTION.
   4.  A  PHYSICIAN ASSISTANT SHALL BE AUTHORIZED TO PRESCRIBE, DISPENSE,
 ORDER, ADMINISTER, OR PROCURE ITEMS NECESSARY TO COMMENCE OR COMPLETE  A
 COURSE OF THERAPY.
   5.  A  PHYSICIAN  ASSISTANT MAY PRESCRIBE AND ORDER A PATIENT SPECIFIC
 ORDER OR NON-PATIENT SPECIFIC REGIMEN TO A LICENSED PHARMACIST OR REGIS-
 TERED PROFESSIONAL NURSE, PURSUANT TO  REGULATIONS  PROMULGATED  BY  THE
 COMMISSIONER  OF  HEALTH, AND CONSISTENT WITH THE PUBLIC HEALTH LAW, FOR
 ADMINISTERING IMMUNIZATIONS. NOTHING IN THIS SUBDIVISION SHALL AUTHORIZE
 UNLICENSED PERSONS TO ADMINISTER IMMUNIZATIONS, VACCINES OR OTHER DRUGS.
   6. WHERE A  PHYSICIAN  ASSISTANT  LICENSED  UNDER  SECTION  SIXTY-FIVE
 HUNDRED  FORTY-ONE  OF  THIS ARTICLE HAS COMPLETED A PROGRAM APPROVED BY
 THE DEPARTMENT OF HEALTH, IN CONSULTATION WITH THE DEPARTMENT, WHEN SUCH
 SERVICES ARE PERFORMED WITHIN THE SCOPE OF SUCH PROGRAM.
   7. Nothing in this article, or in article thirty-seven of  the  public
 health  law,  shall  be  construed  to authorize physician assistants to
 perform those specific functions and duties  specifically  delegated  by
 law  to  those persons licensed as allied health professionals under the
 public health law or this chapter.
   § 18. Subdivision 1 of section 3701  of  the  public  health  law,  as
 amended  by  chapter  48  of  the  laws  of  2012, is amended to read as
 follows:
   1. to promulgate  regulations  defining  and  restricting  the  duties
 [which may be assigned to] OF physician assistants [by their supervising
 physician,  the  degree  of supervision required and the manner in which
 S. 4007--A                         183                        A. 3007--A

 such duties may be performed] CONSISTENT WITH SECTION SIXTY-FIVE HUNDRED
 FORTY-TWO OF THE EDUCATION LAW.;
   §  19. Section 3702 of the public health law, as amended by chapter 48
 of the laws of 2012, is amended to read as follows:
   § 3702. Special provisions. 1. Inpatient medical  orders.  A  licensed
 physician  assistant  employed or extended privileges by a hospital may,
 if permissible under the bylaws, rules and regulations of the  hospital,
 write  medical  orders,  including  those  for controlled substances AND
 DURABLE MEDICAL EQUIPMENT, for inpatients [under the care of the  physi-
 cian  responsible  for  his or her supervision. Countersignature of such
 orders may be required if deemed necessary and appropriate by the super-
 vising physician or the hospital, but in no event shall countersignature
 be required prior to execution].
   2. Withdrawing blood. A  licensed  physician  assistant  or  certified
 nurse practitioner acting within his or her lawful scope of practice may
 supervise  and  direct the withdrawal of blood for the purpose of deter-
 mining the alcoholic or drug content therein under subparagraph  one  of
 paragraph  (a) of subdivision four of section eleven hundred ninety-four
 of the vehicle and traffic law, notwithstanding  any  provision  to  the
 contrary in clause (ii) of such subparagraph.
   3.  Prescriptions  for  controlled  substances.  A  licensed physician
 assistant, in good faith and acting within his or her  lawful  scope  of
 practice, and to the extent assigned by his or her supervising physician
 AS  APPLICABLE  BY SECTION SIXTY-FIVE HUNDRED FORTY-TWO OF THE EDUCATION
 LAW, may prescribe controlled substances as a practitioner under article
 thirty-three of this chapter, to patients under the care of such  physi-
 cian  responsible  for  his  or  her  supervision.  The commissioner, in
 consultation with the commissioner of  education,  may  promulgate  such
 regulations as are necessary to carry out the purposes of this section.
   §  20. Section 3703 of the public health law, as amended by chapter 48
 of the laws of 2012, is amended to read as follows:
   § 3703. Statutory construction. A physician assistant may perform  any
 function in conjunction with a medical service lawfully performed by the
 physician  assistant, in any health care setting, that a statute author-
 izes or directs a physician to perform and that is  appropriate  to  the
 education,  training  and experience of the licensed physician assistant
 and within the ordinary practice of the supervising physician, AS APPLI-
 CABLE PURSUANT TO SECTION SIXTY-FIVE HUNDRED FORTY-TWO OF THE  EDUCATION
 LAW.  This  section  shall  not be construed to increase or decrease the
 lawful scope of practice of a physician assistant  under  the  education
 law.
   §  21.  Paragraph  a  of subdivision 2 of section 902 of the education
 law, as amended by chapter 376 of the laws of 2015, is amended  to  read
 as follows:
   a.  The  board  of  education, and the trustee or board of trustees of
 each school district, shall employ, at a compensation to be agreed  upon
 by the parties, a qualified physician, A PHYSICIAN ASSISTANT, or a nurse
 practitioner  to  the  extent  authorized  by the nurse practice act and
 consistent with subdivision three of section six thousand  nine  hundred
 two  of  this  chapter,  to perform the duties of the director of school
 health services, including any duties conferred on the school  physician
 or  school  medical inspector under any provision of law, to perform and
 coordinate the provision of health services in the public schools and to
 provide health appraisals of students attending the  public  schools  in
 the  city  or  district.  The physicians, PHYSICIANS ASSISTANTS or nurse
 S. 4007--A                         184                        A. 3007--A

 practitioners so employed shall be duly licensed pursuant to  applicable
 law.
   §  22. Subdivision 5 of section 6810 of the education law, as added by
 chapter 881 of the laws of 1972, is amended to read as follows:
   5. Records of all prescriptions filled or refilled shall be maintained
 for a period of at least five years and upon request made available  for
 inspection  and  copying  by  a  representative  of the department. Such
 records  shall  indicate  date  of  filling  or  refilling,   [doctor's]
 PRESCRIBER'S  name,  patient's name and address and the name or initials
 of  the  pharmacist  who  prepared,   compounded,   or   dispensed   the
 prescription.  Records  of prescriptions for controlled substances shall
 be maintained pursuant to requirements of article  thirty-three  of  the
 public health law.
   §  23.  Subdivision  27  of  section 3302 of the public health law, as
 amended by chapter 92 of the  laws  of  2021,  is  amended  to  read  as
 follows:
   27. "Practitioner" means:
   A  physician,  PHYSICIAN ASSISTANT, dentist, podiatrist, veterinarian,
 scientific investigator, or other person licensed, or otherwise  permit-
 ted  to  dispense,  administer  or  conduct  research  with respect to a
 controlled substance in the course of a licensed  professional  practice
 or  research  licensed  pursuant  to  this article. Such person shall be
 deemed a "practitioner" only as to such substances, or conduct  relating
 to  such  substances,  as is permitted by [his] THEIR license, permit or
 otherwise permitted by law.
   § 24. Paragraph b of subdivision 2 of section 6908  of  the  education
 law,  as added by chapter 471 of the laws of 2016, is amended to read as
 follows:
   b. provide that advanced tasks performed by advanced home health aides
 may be performed only under the [direct]  supervision  of  a  registered
 professional  nurse  licensed  in  New  York state, as set forth in this
 subdivision and subdivision eight of section sixty-nine hundred nine  of
 this article, where such nurse is employed by a home care services agen-
 cy  licensed  or  certified pursuant to article thirty-six of the public
 health law, a hospice program certified pursuant to article forty of the
 public health law, or an enhanced  assisted  living  residence  licensed
 pursuant  to  article  seven  of  the  social services law and certified
 pursuant to article forty-six-B of the public health law.  Such  nursing
 supervision shall:
   (i)  include  training  and  periodic assessment of the performance of
 advanced tasks;
   (ii) be determined by the registered  professional  nurse  responsible
 for  supervising  such  advanced tasks based upon the complexity of such
 advanced tasks, the skill and experience of  the  advanced  home  health
 aide,  and  the  health  status of the individual for whom such advanced
 tasks are being performed;
   (iii) include a comprehensive initial and thereafter regular and ongo-
 ing assessment of the individual's needs;
   (iv) include as a requirement that the supervising registered  profes-
 sional  nurse shall visit individuals receiving services for the purpose
 of supervising the services provided by advanced home health  aides  [no
 less  than  once  every  two  weeks] and include as a requirement that a
 registered professional nurse shall be available  by  telephone  to  the
 advanced  home  health  aide twenty-four hours a day, seven days a week,
 provided that a registered professional  nurse  shall  be  available  to
 S. 4007--A                         185                        A. 3007--A
 
 visit  an  individual  receiving  services  as  necessary to protect the
 health and safety of such individual; and
   (v) as shall be specified by the commissioner, be provided in a manner
 that  takes  into account individual care needs, case mix complexity and
 geographic considerations and provide that  the  number  of  individuals
 served  by a supervising registered professional nurse is reasonable and
 prudent.
   § 25. Subparagraph (i) of paragraph (c) of subdivision  8  of  section
 6909  of the education law, as added by chapter 471 of the laws of 2016,
 is amended to read as follows:
   (i) visit individuals receiving services for the purpose of  supervis-
 ing  the  services  provided by advanced home health aides [no less than
 once every two weeks]; and
   § 26. Subdivision (b) of section 12 of chapter 471 of the laws of 2016
 amending the education law and the public health law relating to author-
 izing certain advanced home health aides  to  perform  certain  advanced
 tasks, is amended to read as follows:
   b. this act shall expire and be deemed repealed March 31, [2023] 2029.
   §  27.  Section  6908  of the education law is amended by adding a new
 subdivision 3 to read as follows:
   3. THIS ARTICLE SHALL  NOT  BE  CONSTRUED  AS  PROHIBITING  MEDICATION
 RELATED TASKS PROVIDED BY A CERTIFIED MEDICATION AIDE IN ACCORDANCE WITH
 REGULATIONS  DEVELOPED  BY  THE  COMMISSIONER,  IN CONSULTATION WITH THE
 COMMISSIONER OF HEALTH. AT A MINIMUM, SUCH REGULATIONS SHALL:
   A. SPECIFY THE MEDICATION-RELATED  TASKS  THAT  MAY  BE  PERFORMED  BY
 CERTIFIED  MEDICATION  AIDES  PURSUANT  TO  THIS SUBDIVISION. SUCH TASKS
 SHALL INCLUDE THE ADMINISTRATION OF MEDICATIONS WHICH  ARE  ROUTINE  AND
 PRE-FILLED OR OTHERWISE PACKAGED IN A MANNER THAT PROMOTES RELATIVE EASE
 OF  ADMINISTRATION,  PROVIDED  THAT  ADMINISTRATION  OF  MEDICATIONS  BY
 INJECTION, STERILE PROCEDURES, AND CENTRAL  LINE  MAINTENANCE  SHALL  BE
 PROHIBITED.  PROVIDED,  HOWEVER,  SUCH  PROHIBITION  SHALL  NOT APPLY TO
 INJECTIONS  OF  INSULIN  OR  OTHER  INJECTIONS  FOR  DIABETES  CARE,  TO
 INJECTIONS  OF  LOW MOLECULAR WEIGHT HEPARIN, AND TO PRE-FILLED AUTO-IN-
 JECTIONS  OF  NALOXONE  AND  EPINEPHRINE  FOR  EMERGENCY  PURPOSES,  AND
 PROVIDED,  FURTHER,  THAT  ENTITIES EMPLOYING CERTIFIED MEDICATION AIDES
 PURSUANT TO THIS SUBDIVISION SHALL ESTABLISH A  SYSTEMATIC  APPROACH  TO
 ADDRESS DRUG DIVERSION;
   B.  PROVIDE THAT MEDICATION-RELATED TASKS PERFORMED BY CERTIFIED MEDI-
 CATION AIDES MAY BE PERFORMED ONLY UNDER THE SUPERVISION OF A REGISTERED
 PROFESSIONAL NURSE LICENSED IN NEW YORK STATE,  AS  SET  FORTH  IN  THIS
 SUBDIVISION AND SUBDIVISION ELEVEN OF SECTION SIXTY-NINE HUNDRED NINE OF
 THIS  ARTICLE, WHERE SUCH NURSE IS EMPLOYED BY A RESIDENTIAL HEALTH CARE
 FACILITY LICENSED PURSUANT TO ARTICLE TWENTY-EIGHT OF THE PUBLIC  HEALTH
 LAW;
   C.  ESTABLISH  A  PROCESS BY WHICH A REGISTERED PROFESSIONAL NURSE MAY
 ASSIGN MEDICATION-RELATED TASKS TO A  CERTIFIED  MEDICATION  AIDE.  SUCH
 PROCESS SHALL INCLUDE, BUT NOT BE LIMITED TO:
   (I)  ALLOWING  ASSIGNMENT  OF  MEDICATION-RELATED TASKS TO A CERTIFIED
 MEDICATION AIDE ONLY WHERE SUCH CERTIFIED  MEDICATION  AIDE  HAS  DEMON-
 STRATED  TO  THE SATISFACTION OF THE SUPERVISING REGISTERED PROFESSIONAL
 NURSE COMPETENCY IN EVERY MEDICATION-RELATED TASK  THAT  SUCH  CERTIFIED
 MEDICATION  AIDE IS AUTHORIZED TO PERFORM, A WILLINGNESS TO PERFORM SUCH
 MEDICATION-RELATED TASKS, AND THE ABILITY TO EFFECTIVELY AND EFFICIENTLY
 COMMUNICATE WITH THE INDIVIDUAL RECEIVING SERVICES AND  UNDERSTAND  SUCH
 INDIVIDUAL'S NEEDS;
 S. 4007--A                         186                        A. 3007--A
 
   (II)  AUTHORIZING  THE  SUPERVISING  REGISTERED  PROFESSIONAL NURSE TO
 REVOKE ANY ASSIGNED MEDICATION-RELATED TASK FROM A CERTIFIED  MEDICATION
 AIDE FOR ANY REASON; AND
   (III)  AUTHORIZING  MULTIPLE REGISTERED PROFESSIONAL NURSES TO JOINTLY
 AGREE TO ASSIGN MEDICATION-RELATED TASKS TO A CERTIFIED MEDICATION AIDE,
 PROVIDED FURTHER THAT ONLY ONE REGISTERED PROFESSIONAL  NURSE  SHALL  BE
 REQUIRED  TO DETERMINE IF THE CERTIFIED MEDICATION AIDE HAS DEMONSTRATED
 COMPETENCY IN THE MEDICATION-RELATED TASK TO BE PERFORMED;
   D. PROVIDE THAT MEDICATION-RELATED TASKS  MAY  BE  PERFORMED  ONLY  IN
 ACCORDANCE  WITH  AND  PURSUANT  TO  AN AUTHORIZED HEALTH PRACTITIONER'S
 ORDERED CARE;
   E. PROVIDE THAT ONLY A CERTIFIED NURSE AIDE MAY PERFORM MEDICATION-RE-
 LATED TASKS AS A CERTIFIED MEDICATION AIDE WHEN SUCH AIDE HAS:
   (I) A VALID NEW YORK STATE NURSE AIDE CERTIFICATE;
   (II) A HIGH SCHOOL DIPLOMA, GED OR SIMILAR EDUCATION CREDENTIAL;
   (III) EVIDENCE OF BEING AT LEAST EIGHTEEN YEARS OLD;
   (IV) AT LEAST ONE YEAR OF EXPERIENCE PROVIDING NURSE AIDE SERVICES  IN
 AN ARTICLE TWENTY-EIGHT RESIDENTIAL HEALTH CARE FACILITY;
   (V) THE ABILITY TO READ, WRITE, AND SPEAK ENGLISH AND TO PERFORM BASIC
 MATH SKILLS;
   (VI) COMPLETED THE REQUISITE TRAINING AND DEMONSTRATED COMPETENCIES OF
 A CERTIFIED MEDICATION AIDE AS DETERMINED BY THE COMMISSIONER IN CONSUL-
 TATION WITH THE COMMISSIONER OF HEALTH;
   (VII)  SUCCESSFULLY  COMPLETED COMPETENCY EXAMINATIONS SATISFACTORY TO
 THE COMMISSIONER IN CONSULTATION WITH THE COMMISSIONER OF HEALTH; AND
   (VIII) MEETS OTHER APPROPRIATE QUALIFICATIONS  AS  DETERMINED  BY  THE
 COMMISSIONER IN CONSULTATION WITH THE COMMISSIONER OF HEALTH;
   F.  PROHIBIT A CERTIFIED MEDICATION AIDE FROM HOLDING THEMSELF OUT, OR
 ACCEPTING EMPLOYMENT AS, A PERSON LICENSED TO PRACTICE NURSING UNDER THE
 PROVISIONS OF THIS ARTICLE;
   G. PROVIDE THAT A  CERTIFIED  MEDICATION  AIDE  IS  NOT  REQUIRED  NOR
 PERMITTED TO ASSESS THE MEDICATION OR MEDICAL NEEDS OF AN INDIVIDUAL;
   H. PROVIDE THAT A CERTIFIED MEDICATION AIDE SHALL NOT BE AUTHORIZED TO
 PERFORM  ANY  MEDICATION-RELATED  TASKS  OR  ACTIVITIES PURSUANT TO THIS
 SUBDIVISION THAT ARE OUTSIDE THE SCOPE OF PRACTICE OF A LICENSED PRACTI-
 CAL NURSE OR ANY MEDICATION-RELATED TASKS THAT HAVE NOT  BEEN  APPROPRI-
 ATELY ASSIGNED BY THE SUPERVISING REGISTERED PROFESSIONAL NURSE;
   I. PROVIDE THAT A CERTIFIED MEDICATION AIDE SHALL DOCUMENT ALL MEDICA-
 TION-RELATED  TASKS  PROVIDED  TO  AN  INDIVIDUAL,  INCLUDING MEDICATION
 ADMINISTRATION TO EACH INDIVIDUAL THROUGH THE USE OF A MEDICATION ADMIN-
 ISTRATION RECORD; AND
   J. PROVIDE THAT THE SUPERVISING REGISTERED  PROFESSIONAL  NURSE  SHALL
 RETAIN  THE  DISCRETION  TO  DECIDE WHETHER TO ASSIGN MEDICATION-RELATED
 TASKS TO CERTIFIED MEDICATION AIDES UNDER THIS PROGRAM AND SHALL NOT  BE
 SUBJECT TO COERCION, RETALIATION, OR THE THREAT OF RETALIATION.
   §  28.  Section  6909  of the education law is amended by adding a new
 subdivision 11 to read as follows:
   11. A REGISTERED PROFESSIONAL NURSE, WHILE WORKING FOR  A  RESIDENTIAL
 HEALTH  CARE  FACILITY  LICENSED PURSUANT TO ARTICLE TWENTY-EIGHT OF THE
 PUBLIC HEALTH LAW, MAY, IN  ACCORDANCE  WITH  THIS  SUBDIVISION,  ASSIGN
 CERTIFIED MEDICATION AIDES TO PERFORM MEDICATION-RELATED TASKS FOR INDI-
 VIDUALS  PURSUANT  TO  THE  PROVISIONS  OF  SUBDIVISION THREE OF SECTION
 SIXTY-NINE HUNDRED EIGHT OF THIS ARTICLE AND SUPERVISE CERTIFIED MEDICA-
 TION AIDES WHO PERFORM ASSIGNED MEDICATION-RELATED TASKS.
 S. 4007--A                         187                        A. 3007--A
 
   § 29. Paragraph (a) of subdivision 3 of section 2803-j of  the  public
 health  law,  as added by chapter 717 of the laws of 1989, is amended to
 read as follows:
   (a)  Identification  of  individuals who have successfully completed a
 nurse aide training and competency evaluation program, [or] a nurse aide
 competency evaluation program, OR A MEDICATION AIDE PROGRAM;
   § 30. The education law is amended by adding a new article 169 to read
 as follows:
                                ARTICLE 169
                   INTERSTATE MEDICAL LICENSURE COMPACT
 SECTION 8860. SHORT TITLE.
         8861. PURPOSE.
         8862. DEFINITIONS.
         8863. ELIGIBILITY.
         8864. DESIGNATION OF STATE OF PRINCIPAL LICENSE.
         8865. APPLICATION AND ISSUANCE OF EXPEDITED LICENSURE.
         8866. FEES FOR EXPEDITED LICENSURE.
         8867. RENEWAL AND CONTINUED PARTICIPATION.
         8868. COORDINATED INFORMATION SYSTEM.
         8869. JOINT INVESTIGATIONS.
         8870. DISCIPLINARY ACTIONS.
         8871. INTERSTATE MEDICAL LICENSURE COMPACT COMMISSION.
         8872. POWERS AND DUTIES OF THE INTERSTATE COMMISSION.
         8873. FINANCE POWERS.
         8874. ORGANIZATION AND OPERATION OF THE INTERSTATE COMMISSION.
         8875. RULEMAKING FUNCTIONS OF THE INTERSTATE COMMISSION.
         8876. OVERSIGHT OF INTERSTATE COMPACT.
         8877. ENFORCEMENT OF INTERSTATE COMPACT.
         8878. DEFAULT PROCEDURES.
         8879. DISPUTE RESOLUTION.
         8880. MEMBER STATES, EFFECTIVE DATE AND AMENDMENT.
         8881. WITHDRAWAL.
         8882. DISSOLUTION.
         8883. SEVERABILITY AND CONSTRUCTION.
         8884. BINDING EFFECT OF COMPACT AND OTHER LAWS.
   § 8860. SHORT TITLE. THIS ARTICLE SHALL BE KNOWN AND MAY BE  CITED  AS
 THE "INTERSTATE MEDICAL LICENSURE COMPACT".
   § 8861. PURPOSE.  IN ORDER TO STRENGTHEN ACCESS TO HEALTH CARE, AND IN
 RECOGNITION OF THE ADVANCES IN THE DELIVERY OF HEALTH CARE,  THE  MEMBER
 STATES OF THE INTERSTATE MEDICAL LICENSURE COMPACT HAVE ALLIED IN COMMON
 PURPOSE TO DEVELOP A COMPREHENSIVE PROCESS THAT COMPLEMENTS THE EXISTING
 LICENSING  AND  REGULATORY AUTHORITY OF STATE MEDICAL BOARDS, PROVIDES A
 STREAMLINED PROCESS THAT ALLOWS PHYSICIANS TO BECOME LICENSED IN  MULTI-
 PLE  STATES,  THEREBY ENHANCING THE PORTABILITY OF A MEDICAL LICENSE AND
 ENSURING THE SAFETY OF PATIENTS.   THE COMPACT CREATES  ANOTHER  PATHWAY
 FOR  LICENSURE  AND DOES NOT OTHERWISE CHANGE A STATE'S EXISTING MEDICAL
 PRACTICE ACT. THE COMPACT ALSO ADOPTS THE PREVAILING STANDARD FOR LICEN-
 SURE AND AFFIRMS THAT THE PRACTICE OF MEDICINE OCCURS WHERE THE  PATIENT
 IS  LOCATED  AT  THE TIME OF THE PHYSICIAN-PATIENT ENCOUNTER, AND THERE-
 FORE, REQUIRES THE PHYSICIAN TO BE UNDER THE JURISDICTION OF  THE  STATE
 MEDICAL  BOARD  WHERE  THE PATIENT IS LOCATED. STATE MEDICAL BOARDS THAT
 PARTICIPATE IN THE COMPACT RETAIN THE JURISDICTION TO IMPOSE AN  ADVERSE
 ACTION  AGAINST A LICENSE TO PRACTICE MEDICINE IN THAT STATE ISSUED TO A
 PHYSICIAN THROUGH THE PROCEDURES IN THE COMPACT.
   § 8862. DEFINITIONS. IN THIS COMPACT:
 S. 4007--A                         188                        A. 3007--A
 
   1. "BYLAWS" MEANS THOSE BYLAWS ESTABLISHED BY THE  INTERSTATE  COMMIS-
 SION  PURSUANT TO SECTION EIGHTY-EIGHT HUNDRED SEVENTY-ONE OF THIS ARTI-
 CLE FOR ITS GOVERNANCE, OR FOR DIRECTING AND CONTROLLING ITS ACTIONS AND
 CONDUCT.
   2.  "COMMISSIONER"  MEANS  THE VOTING REPRESENTATIVE APPOINTED BY EACH
 MEMBER BOARD PURSUANT TO SECTION  EIGHTY-EIGHT  HUNDRED  SEVENTY-ONE  OF
 THIS ARTICLE.
   3. "CONVICTION" MEANS A FINDING BY A COURT THAT AN INDIVIDUAL IS GUIL-
 TY  OF  A  CRIMINAL  OFFENSE THROUGH ADJUDICATION, OR ENTRY OF A PLEA OF
 GUILT OR NO CONTEST TO THE CHARGE BY THE OFFENDER. EVIDENCE OF AN  ENTRY
 OF  A  CONVICTION OF A CRIMINAL OFFENSE BY THE COURT SHALL BE CONSIDERED
 FINAL FOR PURPOSES OF DISCIPLINARY ACTION BY A MEMBER BOARD.
   4. "EXPEDITED LICENSE" MEANS A FULL AND UNRESTRICTED  MEDICAL  LICENSE
 GRANTED  BY  A MEMBER STATE TO AN ELIGIBLE PHYSICIAN THROUGH THE PROCESS
 SET FORTH IN THE COMPACT.
   5. "INTERSTATE COMMISSION" MEANS  THE  INTERSTATE  COMMISSION  CREATED
 PURSUANT TO SECTION EIGHTY-EIGHT HUNDRED SEVENTY-ONE OF THIS ARTICLE.
   6.  "LICENSE" MEANS AUTHORIZATION BY A STATE FOR A PHYSICIAN TO ENGAGE
 IN THE PRACTICE OF MEDICINE, WHICH WOULD BE UNLAWFUL WITHOUT THE AUTHOR-
 IZATION.
   7. "MEDICAL PRACTICE ACT" MEANS LAWS  AND  REGULATIONS  GOVERNING  THE
 PRACTICE OF ALLOPATHIC AND OSTEOPATHIC MEDICINE WITHIN A MEMBER STATE.
   8.  "MEMBER BOARD" MEANS A STATE AGENCY IN A MEMBER STATE THAT ACTS IN
 THE SOVEREIGN INTERESTS OF THE STATE BY PROTECTING  THE  PUBLIC  THROUGH
 LICENSURE,  REGULATION,  AND  EDUCATION OF PHYSICIANS AS DIRECTED BY THE
 STATE GOVERNMENT.
   9. "MEMBER STATE" MEANS A STATE THAT HAS ENACTED THE COMPACT.
   10. "PRACTICE OF MEDICINE" MEANS THE CLINICAL  PREVENTION,  DIAGNOSIS,
 OR  TREATMENT  OF HUMAN DISEASE, INJURY, OR CONDITION REQUIRING A PHYSI-
 CIAN TO OBTAIN AND MAINTAIN A LICENSE IN  COMPLIANCE  WITH  THE  MEDICAL
 PRACTICE ACT OF A MEMBER STATE.
   11. "PHYSICIAN" MEANS ANY PERSON WHO:
   (A)  IS  A  GRADUATE  OF  A  MEDICAL  SCHOOL ACCREDITED BY THE LIAISON
 COMMITTEE ON MEDICAL EDUCATION, THE COMMISSION  ON  OSTEOPATHIC  COLLEGE
 ACCREDITATION,  OR  A MEDICAL SCHOOL LISTED IN THE INTERNATIONAL MEDICAL
 EDUCATION DIRECTORY OR ITS EQUIVALENT;
   (B) PASSED EACH COMPONENT OF THE UNITED STATES MEDICAL LICENSING EXAM-
 INATION (USMLE) OR THE COMPREHENSIVE OSTEOPATHIC MEDICAL LICENSING EXAM-
 INATION (COMLEX-USA) WITHIN THREE ATTEMPTS, OR ANY  OF  ITS  PREDECESSOR
 EXAMINATIONS ACCEPTED BY A STATE MEDICAL BOARD AS AN EQUIVALENT EXAMINA-
 TION FOR LICENSURE PURPOSES;
   (C)  SUCCESSFULLY COMPLETED GRADUATE MEDICAL EDUCATION APPROVED BY THE
 ACCREDITATION COUNCIL FOR GRADUATE MEDICAL  EDUCATION  OR  THE  AMERICAN
 OSTEOPATHIC ASSOCIATION;
   (D)  HOLDS  SPECIALTY  CERTIFICATION  OR  A  TIME-UNLIMITED  SPECIALTY
 CERTIFICATE RECOGNIZED BY THE AMERICAN BOARD OF MEDICAL  SPECIALTIES  OR
 THE  AMERICAN  OSTEOPATHIC  ASSOCIATION'S BUREAU OF OSTEOPATHIC SPECIAL-
 ISTS;
   (E) POSSESSES A FULL AND UNRESTRICTED LICENSE TO ENGAGE IN  THE  PRAC-
 TICE OF MEDICINE ISSUED BY A MEMBER BOARD;
   (F)  HAS NEVER BEEN CONVICTED, RECEIVED ADJUDICATION, DEFERRED ADJUDI-
 CATION, COMMUNITY SUPERVISION, OR DEFERRED DISPOSITION FOR  ANY  OFFENSE
 BY A COURT OF APPROPRIATE JURISDICTION;
   (G)  HAS  NEVER  HELD  A  LICENSE AUTHORIZING THE PRACTICE OF MEDICINE
 SUBJECTED TO DISCIPLINE BY A LICENSING AGENCY IN ANY STATE, FEDERAL,  OR
 S. 4007--A                         189                        A. 3007--A
 
 FOREIGN  JURISDICTION,  EXCLUDING  ANY  ACTION RELATED TO NON-PAYMENT OF
 FEES RELATED TO A LICENSE;
   (H)  HAS  NEVER HAD A CONTROLLED SUBSTANCE LICENSE OR PERMIT SUSPENDED
 OR REVOKED BY A STATE OR THE UNITED  STATES  DRUG  ENFORCEMENT  ADMINIS-
 TRATION; AND
   (I)  IS  NOT  UNDER  ACTIVE INVESTIGATION BY A LICENSING AGENCY OR LAW
 ENFORCEMENT AUTHORITY IN ANY STATE, FEDERAL, OR FOREIGN JURISDICTION.
   12. "OFFENSE" MEANS A FELONY, GROSS MISDEMEANOR,  OR  CRIME  OF  MORAL
 TURPITUDE.
   13.  "RULE"  MEANS  A  WRITTEN  STATEMENT BY THE INTERSTATE COMMISSION
 PROMULGATED PURSUANT TO SECTION EIGHTY-EIGHT HUNDRED SEVENTY-TWO OF THIS
 ARTICLE THAT IS OF GENERAL  APPLICABILITY,  IMPLEMENTS,  INTERPRETS,  OR
 PRESCRIBES  A  POLICY OR PROVISION OF THE COMPACT, OR AN ORGANIZATIONAL,
 PROCEDURAL, OR PRACTICE REQUIREMENT OF THE  INTERSTATE  COMMISSION,  AND
 HAS  THE  FORCE  AND  EFFECT  OF  STATUTORY  LAW  IN A MEMBER STATE, AND
 INCLUDES THE AMENDMENT, REPEAL, OR SUSPENSION OF AN EXISTING RULE.
   14. "STATE" MEANS ANY STATE, COMMONWEALTH, DISTRICT, OR  TERRITORY  OF
 THE UNITED STATES.
   15.  "STATE  OF PRINCIPAL LICENSE" MEANS A MEMBER STATE WHERE A PHYSI-
 CIAN HOLDS A LICENSE TO PRACTICE MEDICINE AND WHICH HAS BEEN  DESIGNATED
 AS  SUCH BY THE PHYSICIAN FOR PURPOSES OF REGISTRATION AND PARTICIPATION
 IN THE COMPACT.
   § 8863. ELIGIBILITY. 1. A PHYSICIAN MUST MEET THE ELIGIBILITY REQUIRE-
 MENTS AS DEFINED IN SUBDIVISION ELEVEN OF SECTION  EIGHTY-EIGHT  HUNDRED
 SIXTY-TWO  OF  THIS  ARTICLE  TO  RECEIVE AN EXPEDITED LICENSE UNDER THE
 TERMS AND PROVISIONS OF THE COMPACT.
   2. A PHYSICIAN WHO DOES NOT MEET THE REQUIREMENTS OF SUBDIVISION ELEV-
 EN OF SECTION EIGHTY-EIGHT HUNDRED SIXTY-TWO OF THIS ARTICLE MAY  OBTAIN
 A  LICENSE  TO  PRACTICE  MEDICINE  IN  A MEMBER STATE IF THE INDIVIDUAL
 COMPLIES WITH ALL LAWS AND REQUIREMENTS, OTHER THAN THE COMPACT,  RELAT-
 ING TO THE ISSUANCE OF A LICENSE TO PRACTICE MEDICINE IN THAT STATE.
   § 8864. DESIGNATION  OF  STATE  OF  PRINCIPAL  LICENSE. 1. A PHYSICIAN
 SHALL DESIGNATE A MEMBER STATE AS THE STATE  OF  PRINCIPAL  LICENSE  FOR
 PURPOSES  OF REGISTRATION FOR EXPEDITED LICENSURE THROUGH THE COMPACT IF
 THE PHYSICIAN POSSESSES A FULL  AND  UNRESTRICTED  LICENSE  TO  PRACTICE
 MEDICINE IN THAT STATE, AND THE STATE IS:
   (A) THE STATE OF PRIMARY RESIDENCE FOR THE PHYSICIAN, OR
   (B)  THE  STATE  WHERE AT LEAST TWENTY-FIVE PERCENT OF THE PRACTICE OF
 MEDICINE OCCURS, OR
   (C) THE LOCATION OF THE PHYSICIAN'S EMPLOYER, OR
   (D) IF NO STATE QUALIFIES UNDER PARAGRAPH (A), (B),  OR  (C)  OF  THIS
 SUBDIVISION,  THE  STATE DESIGNATED AS STATE OF RESIDENCE FOR PURPOSE OF
 FEDERAL INCOME TAX.
   2. A PHYSICIAN MAY REDESIGNATE A MEMBER STATE AS  STATE  OF  PRINCIPAL
 LICENSE  AT  ANY  TIME,  AS  LONG AS THE STATE MEETS THE REQUIREMENTS OF
 SUBDIVISION ONE OF THIS SECTION.
   3. THE INTERSTATE COMMISSION IS AUTHORIZED TO DEVELOP RULES TO FACILI-
 TATE REDESIGNATION OF ANOTHER MEMBER STATE AS  THE  STATE  OF  PRINCIPAL
 LICENSE.
   § 8865. APPLICATION  AND  ISSUANCE OF EXPEDITED LICENSURE. 1. A PHYSI-
 CIAN SEEKING LICENSURE THROUGH THE COMPACT SHALL FILE AN APPLICATION FOR
 AN EXPEDITED LICENSE WITH THE MEMBER BOARD OF THE STATE SELECTED BY  THE
 PHYSICIAN AS THE STATE OF PRINCIPAL LICENSE.
   2. UPON RECEIPT OF AN APPLICATION FOR AN EXPEDITED LICENSE, THE MEMBER
 BOARD  WITHIN THE STATE SELECTED AS THE STATE OF PRINCIPAL LICENSE SHALL
 EVALUATE WHETHER THE PHYSICIAN IS ELIGIBLE FOR EXPEDITED  LICENSURE  AND
 S. 4007--A                         190                        A. 3007--A
 
 ISSUE  A  LETTER  OF QUALIFICATION, VERIFYING OR DENYING THE PHYSICIAN'S
 ELIGIBILITY, TO THE INTERSTATE COMMISSION.
   (A)  STATIC  QUALIFICATIONS,  WHICH  INCLUDE  VERIFICATION  OF MEDICAL
 EDUCATION, GRADUATE MEDICAL EDUCATION, RESULTS OF ANY MEDICAL OR LICENS-
 ING EXAMINATION, AND OTHER QUALIFICATIONS AS DETERMINED  BY  THE  INTER-
 STATE COMMISSION THROUGH RULE, SHALL NOT BE SUBJECT TO ADDITIONAL PRIMA-
 RY  SOURCE  VERIFICATION  WHERE  ALREADY  PRIMARY SOURCE VERIFIED BY THE
 STATE OF PRINCIPAL LICENSE.
   (B) THE MEMBER BOARD WITHIN THE STATE SELECTED AS THE STATE OF PRINCI-
 PAL LICENSE SHALL, IN THE COURSE OF  VERIFYING  ELIGIBILITY,  PERFORM  A
 CRIMINAL  BACKGROUND  CHECK  OF  AN  APPLICANT, INCLUDING THE USE OF THE
 RESULTS OF FINGERPRINT OR OTHER BIOMETRIC DATA CHECKS COMPLIANT WITH THE
 REQUIREMENTS OF THE FEDERAL BUREAU OF INVESTIGATION, WITH THE  EXCEPTION
 OF  FEDERAL  EMPLOYEES  WHO HAVE SUITABILITY DETERMINATION IN ACCORDANCE
 WITH U.S. C.F.R. § 731.202.
   (C) APPEAL ON THE DETERMINATION OF ELIGIBILITY SHALL BE  MADE  TO  THE
 MEMBER STATE WHERE THE APPLICATION WAS FILED AND SHALL BE SUBJECT TO THE
 LAW OF THAT STATE.
   3. UPON VERIFICATION UNDER SUBDIVISION TWO OF THIS SECTION, PHYSICIANS
 ELIGIBLE  FOR AN EXPEDITED LICENSE SHALL COMPLETE THE REGISTRATION PROC-
 ESS ESTABLISHED BY THE INTERSTATE COMMISSION TO RECEIVE A LICENSE  IN  A
 MEMBER  STATE  SELECTED  PURSUANT  TO  SUBDIVISION  ONE OF THIS SECTION,
 INCLUDING THE PAYMENT OF ANY APPLICABLE FEES.
   4. AFTER RECEIVING VERIFICATION OF ELIGIBILITY UNDER  SUBDIVISION  TWO
 OF  THIS SECTION AND ANY FEES UNDER SUBDIVISION THREE OF THIS SECTION, A
 MEMBER BOARD SHALL ISSUE AN EXPEDITED LICENSE  TO  THE  PHYSICIAN.  THIS
 LICENSE  SHALL AUTHORIZE THE PHYSICIAN TO PRACTICE MEDICINE IN THE ISSU-
 ING STATE CONSISTENT WITH THE MEDICAL PRACTICE ACT  AND  ALL  APPLICABLE
 LAWS AND REGULATIONS OF THE ISSUING MEMBER BOARD AND MEMBER STATE.
   5.  AN  EXPEDITED  LICENSE SHALL BE VALID FOR A PERIOD CONSISTENT WITH
 THE LICENSURE PERIOD IN THE MEMBER STATE  AND  IN  THE  SAME  MANNER  AS
 REQUIRED  FOR  OTHER  PHYSICIANS HOLDING A FULL AND UNRESTRICTED LICENSE
 WITHIN THE MEMBER STATE.
   6. AN EXPEDITED LICENSE OBTAINED THOUGH THE COMPACT  SHALL  BE  TERMI-
 NATED IF A PHYSICIAN FAILS TO MAINTAIN A LICENSE IN THE STATE OF PRINCI-
 PAL  LICENSURE FOR A NON-DISCIPLINARY REASON, WITHOUT REDESIGNATION OF A
 NEW STATE OF PRINCIPAL LICENSURE.
   7. THE INTERSTATE COMMISSION IS AUTHORIZED TO DEVELOP RULES  REGARDING
 THE  APPLICATION  PROCESS, INCLUDING PAYMENT OF ANY APPLICABLE FEES, AND
 THE ISSUANCE OF AN EXPEDITED LICENSE.
   § 8866. FEES FOR EXPEDITED LICENSURE. 1. A  MEMBER  STATE  ISSUING  AN
 EXPEDITED LICENSE AUTHORIZING THE PRACTICE OF MEDICINE IN THAT STATE MAY
 IMPOSE A FEE FOR A LICENSE ISSUED OR RENEWED THROUGH THE COMPACT.
   2.  THE INTERSTATE COMMISSION IS AUTHORIZED TO DEVELOP RULES REGARDING
 FEES FOR EXPEDITED LICENSES.
   § 8867. RENEWAL AND CONTINUED PARTICIPATION. 1. A PHYSICIAN SEEKING TO
 RENEW AN EXPEDITED LICENSE GRANTED IN A MEMBER STATE  SHALL  COMPLETE  A
 RENEWAL PROCESS WITH THE INTERSTATE COMMISSION IF THE PHYSICIAN:
   (A)  MAINTAINS A FULL AND UNRESTRICTED LICENSE IN A STATE OF PRINCIPAL
 LICENSE;
   (B) HAS NOT BEEN CONVICTED, RECEIVED  ADJUDICATION,  DEFERRED  ADJUDI-
 CATION,  COMMUNITY  SUPERVISION, OR DEFERRED DISPOSITION FOR ANY OFFENSE
 BY A COURT OF APPROPRIATE JURISDICTION;
   (C) HAS NOT HAD A LICENSE AUTHORIZING THE PRACTICE OF MEDICINE SUBJECT
 TO DISCIPLINE BY A LICENSING AGENCY IN ANY STATE,  FEDERAL,  OR  FOREIGN
 S. 4007--A                         191                        A. 3007--A
 
 JURISDICTION,  EXCLUDING  ANY  ACTION  RELATED  TO  NON-PAYMENT  OF FEES
 RELATED TO A LICENSE; AND
   (D)  HAS NOT HAD A CONTROLLED SUBSTANCE LICENSE OR PERMIT SUSPENDED OR
 REVOKED BY A STATE OR THE UNITED STATES DRUG ENFORCEMENT ADMINISTRATION.
   2. PHYSICIANS SHALL COMPLY WITH ALL CONTINUING  PROFESSIONAL  DEVELOP-
 MENT  OR  CONTINUING  MEDICAL  EDUCATION  REQUIREMENTS  FOR RENEWAL OF A
 LICENSE ISSUED BY A MEMBER STATE.
   3. THE INTERSTATE COMMISSION SHALL COLLECT ANY  RENEWAL  FEES  CHARGED
 FOR  THE  RENEWAL OF A LICENSE AND DISTRIBUTE THE FEES TO THE APPLICABLE
 MEMBER BOARD.
   4. UPON RECEIPT OF ANY RENEWAL FEES COLLECTED IN SUBDIVISION THREE  OF
 THIS SECTION, A MEMBER BOARD SHALL RENEW THE PHYSICIAN'S LICENSE.
   5. PHYSICIAN INFORMATION COLLECTED BY THE INTERSTATE COMMISSION DURING
 THE RENEWAL PROCESS WILL BE DISTRIBUTED TO ALL MEMBER BOARDS.
   6. THE INTERSTATE COMMISSION IS AUTHORIZED TO DEVELOP RULES TO ADDRESS
 RENEWAL OF LICENSES OBTAINED THROUGH THE COMPACT.
   § 8868. COORDINATED  INFORMATION  SYSTEM. 1. THE INTERSTATE COMMISSION
 SHALL ESTABLISH A DATABASE OF  ALL  PHYSICIANS  LICENSED,  OR  WHO  HAVE
 APPLIED  FOR LICENSURE, UNDER SECTION EIGHTY-EIGHT HUNDRED SIXTY-FIVE OF
 THIS ARTICLE.
   2. NOTWITHSTANDING ANY OTHER PROVISION OF  LAW,  MEMBER  BOARDS  SHALL
 REPORT  TO  THE  INTERSTATE  COMMISSION  ANY PUBLIC ACTION OR COMPLAINTS
 AGAINST A LICENSED PHYSICIAN WHO HAS APPLIED OR  RECEIVED  AN  EXPEDITED
 LICENSE THROUGH THE COMPACT.
   3.  MEMBER  BOARDS SHALL REPORT DISCIPLINARY OR INVESTIGATORY INFORMA-
 TION DETERMINED AS NECESSARY  AND  PROPER  BY  RULE  OF  THE  INTERSTATE
 COMMISSION.
   4. MEMBER BOARDS MAY REPORT ANY NON-PUBLIC COMPLAINT, DISCIPLINARY, OR
 INVESTIGATORY  INFORMATION  NOT  REQUIRED  BY  SUBDIVISION THREE OF THIS
 SECTION TO THE INTERSTATE COMMISSION.
   5. MEMBER BOARDS SHALL SHARE  COMPLAINT  OR  DISCIPLINARY  INFORMATION
 ABOUT A PHYSICIAN UPON REQUEST OF ANOTHER MEMBER BOARD.
   6.  ALL  INFORMATION PROVIDED TO THE INTERSTATE COMMISSION OR DISTRIB-
 UTED BY MEMBER BOARDS SHALL BE CONFIDENTIAL, FILED UNDER SEAL, AND  USED
 ONLY FOR INVESTIGATORY OR DISCIPLINARY MATTERS.
   7.  THE  INTERSTATE  COMMISSION  IS  AUTHORIZED  TO  DEVELOP RULES FOR
 MANDATED OR DISCRETIONARY SHARING OF INFORMATION BY MEMBER BOARDS.
   § 8869. JOINT INVESTIGATIONS. 1. LICENSURE AND DISCIPLINARY RECORDS OF
 PHYSICIANS ARE DEEMED INVESTIGATIVE.
   2. IN ADDITION TO THE AUTHORITY GRANTED  TO  A  MEMBER  BOARD  BY  ITS
 RESPECTIVE  MEDICAL PRACTICE ACT OR OTHER APPLICABLE STATE LAW, A MEMBER
 BOARD MAY PARTICIPATE WITH OTHER MEMBER BOARDS IN  JOINT  INVESTIGATIONS
 OF PHYSICIANS LICENSED BY THE MEMBER BOARDS.
   3.  A  SUBPOENA ISSUED BY A MEMBER STATE SHALL BE ENFORCEABLE IN OTHER
 MEMBER STATES.
   4. MEMBER BOARDS MAY SHARE ANY INVESTIGATIVE, LITIGATION,  OR  COMPLI-
 ANCE  MATERIALS  IN FURTHERANCE OF ANY JOINT OR INDIVIDUAL INVESTIGATION
 INITIATED UNDER THE COMPACT.
   5. ANY MEMBER STATE MAY INVESTIGATE ACTUAL OR  ALLEGED  VIOLATIONS  OF
 THE  STATUTES  AUTHORIZING  THE PRACTICE OF MEDICINE IN ANY OTHER MEMBER
 STATE IN WHICH A PHYSICIAN HOLDS A LICENSE TO PRACTICE MEDICINE.
   § 8870. DISCIPLINARY ACTIONS. 1. ANY DISCIPLINARY ACTION TAKEN BY  ANY
 MEMBER  BOARD  AGAINST A PHYSICIAN LICENSED THROUGH THE COMPACT SHALL BE
 DEEMED UNPROFESSIONAL CONDUCT WHICH MAY  BE  SUBJECT  TO  DISCIPLINE  BY
 OTHER  MEMBER  BOARDS, IN ADDITION TO ANY VIOLATION OF THE MEDICAL PRAC-
 TICE ACT OR REGULATIONS IN THAT STATE.
 S. 4007--A                         192                        A. 3007--A
 
   2. IF A LICENSE GRANTED TO A PHYSICIAN BY  THE  MEMBER  BOARD  IN  THE
 STATE  OF  PRINCIPAL  LICENSE IS REVOKED, SURRENDERED OR RELINQUISHED IN
 LIEU OF DISCIPLINE, OR SUSPENDED, THEN ALL LICENSES ISSUED TO THE PHYSI-
 CIAN BY MEMBER BOARDS SHALL AUTOMATICALLY  BE  PLACED,  WITHOUT  FURTHER
 ACTION  NECESSARY BY ANY MEMBER BOARD, ON THE SAME STATUS. IF THE MEMBER
 BOARD IN THE STATE OF  PRINCIPAL  LICENSE  SUBSEQUENTLY  REINSTATES  THE
 PHYSICIAN'S  LICENSE,  A  LICENSE  ISSUED  TO THE PHYSICIAN BY ANY OTHER
 MEMBER BOARD SHALL REMAIN ENCUMBERED UNTIL THAT RESPECTIVE MEMBER  BOARD
 TAKES  ACTION  TO  REINSTATE THE LICENSE IN A MANNER CONSISTENT WITH THE
 MEDICAL PRACTICE ACT OF THAT STATE.
   3. IF DISCIPLINARY ACTION IS TAKEN AGAINST A  PHYSICIAN  BY  A  MEMBER
 BOARD  NOT IN THE STATE OF PRINCIPAL LICENSE, ANY OTHER MEMBER BOARD MAY
 DEEM THE ACTION CONCLUSIVE AS TO MATTER OF LAW AND FACT DECIDED, AND:
   (A) IMPOSE THE SAME OR LESSER SANCTION OR SANCTIONS AGAINST THE PHYSI-
 CIAN SO LONG AS SUCH SANCTIONS ARE CONSISTENT WITH THE MEDICAL  PRACTICE
 ACT OF THAT STATE; OR
   (B)  PURSUE  SEPARATE  DISCIPLINARY ACTION AGAINST THE PHYSICIAN UNDER
 ITS RESPECTIVE MEDICAL PRACTICE ACT, REGARDLESS OF THE ACTION  TAKEN  IN
 OTHER MEMBER STATES.
   4.  IF  A LICENSE GRANTED TO A PHYSICIAN BY A MEMBER BOARD IS REVOKED,
 SURRENDERED, OR RELINQUISHED IN LIEU OF DISCIPLINE, OR  SUSPENDED,  THEN
 ANY  LICENSE  OR  LICENSES  ISSUED  TO THE PHYSICIAN BY ANY OTHER MEMBER
 BOARD OR BOARDS SHALL BE SUSPENDED, AUTOMATICALLY AND IMMEDIATELY  WITH-
 OUT  FURTHER  ACTION  NECESSARY BY THE OTHER MEMBER BOARD OR BOARDS, FOR
 NINETY DAYS UPON ENTRY OF THE ORDER BY THE DISCIPLINING BOARD, TO PERMIT
 THE MEMBER BOARD OR BOARDS TO INVESTIGATE THE BASIS FOR THE ACTION UNDER
 THE MEDICAL PRACTICE ACT OF THAT STATE. A MEMBER BOARD MAY TERMINATE THE
 AUTOMATIC SUSPENSION OF THE LICENSE IT ISSUED PRIOR TO THE COMPLETION OF
 THE NINETY DAY SUSPENSION PERIOD IN A MANNER CONSISTENT WITH THE MEDICAL
 PRACTICE ACT OF THAT STATE.
   § 8871. INTERSTATE MEDICAL LICENSURE COMPACT COMMISSION. 1. THE MEMBER
 STATES HEREBY CREATE THE "INTERSTATE MEDICAL LICENSURE  COMPACT  COMMIS-
 SION".
   2.  THE  PURPOSE OF THE INTERSTATE COMMISSION IS THE ADMINISTRATION OF
 THE INTERSTATE MEDICAL LICENSURE COMPACT, WHICH IS A DISCRETIONARY STATE
 FUNCTION.
   3. THE INTERSTATE COMMISSION SHALL BE A BODY CORPORATE AND JOINT AGEN-
 CY OF THE MEMBER STATES AND SHALL HAVE ALL THE RESPONSIBILITIES, POWERS,
 AND DUTIES SET FORTH IN THE COMPACT, AND SUCH ADDITIONAL POWERS  AS  MAY
 BE CONFERRED UPON IT BY A SUBSEQUENT CONCURRENT ACTION OF THE RESPECTIVE
 LEGISLATURES  OF  THE  MEMBER STATES IN ACCORDANCE WITH THE TERMS OF THE
 COMPACT.
   4. THE INTERSTATE COMMISSION SHALL CONSIST  OF  TWO  VOTING  REPRESEN-
 TATIVES APPOINTED BY EACH MEMBER STATE WHO SHALL SERVE AS COMMISSIONERS.
 IN  STATES  WHERE ALLOPATHIC AND OSTEOPATHIC PHYSICIANS ARE REGULATED BY
 SEPARATE MEMBER BOARDS, OR IF THE LICENSING AND  DISCIPLINARY  AUTHORITY
 IS  SPLIT  BETWEEN  MULTIPLE  MEMBER  BOARDS  WITHIN A MEMBER STATE, THE
 MEMBER STATE SHALL APPOINT ONE REPRESENTATIVE FROM EACH MEMBER BOARD.  A
 COMMISSIONER SHALL BE A OR AN:
   (A) ALLOPATHIC OR OSTEOPATHIC PHYSICIAN APPOINTED TO A MEMBER BOARD;
   (B) EXECUTIVE DIRECTOR, EXECUTIVE SECRETARY, OR SIMILAR EXECUTIVE OF A
 MEMBER BOARD; OR
   (C) MEMBER OF THE PUBLIC APPOINTED TO A MEMBER BOARD.
   5.  THE  INTERSTATE  COMMISSION SHALL MEET AT LEAST ONCE EACH CALENDAR
 YEAR. A PORTION OF THIS MEETING SHALL BE A BUSINESS MEETING  TO  ADDRESS
 SUCH  MATTERS  AS MAY PROPERLY COME BEFORE THE COMMISSION, INCLUDING THE
 S. 4007--A                         193                        A. 3007--A
 
 ELECTION OF OFFICERS. THE CHAIRPERSON MAY CALL ADDITIONAL  MEETINGS  AND
 SHALL  CALL  FOR  A MEETING UPON THE REQUEST OF A MAJORITY OF THE MEMBER
 STATES.
   6. THE BYLAWS MAY PROVIDE FOR MEETINGS OF THE INTERSTATE COMMISSION TO
 BE CONDUCTED BY TELECOMMUNICATION OR ELECTRONIC COMMUNICATION.
   7.  EACH  COMMISSIONER  PARTICIPATING  AT  A MEETING OF THE INTERSTATE
 COMMISSION IS ENTITLED TO ONE VOTE. A MAJORITY  OF  COMMISSIONERS  SHALL
 CONSTITUTE  A  QUORUM  FOR  THE TRANSACTION OF BUSINESS, UNLESS A LARGER
 QUORUM IS REQUIRED BY THE BYLAWS OF THE INTERSTATE COMMISSION. A COMMIS-
 SIONER SHALL NOT DELEGATE A VOTE TO ANOTHER COMMISSIONER. IN THE ABSENCE
 OF ITS COMMISSIONER, A MEMBER STATE MAY DELEGATE VOTING AUTHORITY FOR  A
 SPECIFIED  MEETING  TO ANOTHER PERSON FROM THAT STATE WHO SHALL MEET THE
 REQUIREMENTS OF SUBDIVISION FOUR OF THIS SECTION.
   8. THE INTERSTATE COMMISSION SHALL PROVIDE PUBLIC NOTICE OF ALL  MEET-
 INGS  AND  ALL  MEETINGS  SHALL  BE  OPEN  TO THE PUBLIC. THE INTERSTATE
 COMMISSION MAY CLOSE A MEETING, IN FULL OR IN PORTION, WHERE  IT  DETER-
 MINES  BY  A  TWO-THIRDS  VOTE OF THE COMMISSIONERS PRESENT THAT AN OPEN
 MEETING WOULD BE LIKELY TO:
   (A) RELATE SOLELY TO THE INTERNAL PERSONNEL PRACTICES  AND  PROCEDURES
 OF THE INTERSTATE COMMISSION;
   (B)  DISCUSS  MATTERS SPECIFICALLY EXEMPTED FROM DISCLOSURE BY FEDERAL
 STATUTE;
   (C) DISCUSS TRADE SECRETS, COMMERCIAL, OR FINANCIAL  INFORMATION  THAT
 IS PRIVILEGED OR CONFIDENTIAL;
   (D)  INVOLVE  ACCUSING  A  PERSON  OF A CRIME, OR FORMALLY CENSURING A
 PERSON;
   (E) DISCUSS INFORMATION OF A PERSONAL NATURE  WHERE  DISCLOSURE  WOULD
 CONSTITUTE A CLEARLY UNWARRANTED INVASION OF PERSONAL PRIVACY;
   (F)   DISCUSS  INVESTIGATIVE  RECORDS  COMPILED  FOR  LAW  ENFORCEMENT
 PURPOSES; OR
   (G) SPECIFICALLY RELATE TO THE PARTICIPATION  IN  A  CIVIL  ACTION  OR
 OTHER LEGAL PROCEEDING.
   9.  THE  INTERSTATE  COMMISSION  SHALL  KEEP MINUTES WHICH SHALL FULLY
 DESCRIBE ALL MATTERS DISCUSSED IN A MEETING AND SHALL PROVIDE A FULL AND
 ACCURATE SUMMARY OF ACTIONS TAKEN, INCLUDING RECORD  OF  ANY  ROLL  CALL
 VOTES.
   10.  THE INTERSTATE COMMISSION SHALL MAKE ITS INFORMATION AND OFFICIAL
 RECORDS, TO THE EXTENT NOT OTHERWISE DESIGNATED IN THE COMPACT OR BY ITS
 RULES, AVAILABLE TO THE PUBLIC FOR INSPECTION.
   11. THE INTERSTATE COMMISSION SHALL ESTABLISH AN EXECUTIVE  COMMITTEE,
 WHICH  SHALL  INCLUDE OFFICERS, MEMBERS, AND OTHERS AS DETERMINED BY THE
 BYLAWS. THE EXECUTIVE COMMITTEE SHALL HAVE THE POWER TO ACT ON BEHALF OF
 THE INTERSTATE COMMISSION, WITH  THE  EXCEPTION  OF  RULEMAKING,  DURING
 PERIODS WHEN THE INTERSTATE COMMISSION IS NOT IN SESSION. WHEN ACTING ON
 BEHALF OF THE INTERSTATE COMMISSION, THE EXECUTIVE COMMITTEE SHALL OVER-
 SEE  THE ADMINISTRATION OF THE COMPACT INCLUDING ENFORCEMENT AND COMPLI-
 ANCE WITH THE PROVISIONS OF THE COMPACT, ITS BYLAWS AND RULES, AND OTHER
 SUCH DUTIES AS NECESSARY.
   12. THE INTERSTATE  COMMISSION  MAY  ESTABLISH  OTHER  COMMITTEES  FOR
 GOVERNANCE AND ADMINISTRATION OF THE COMPACT.
   § 8872. POWERS AND DUTIES OF THE INTERSTATE COMMISSION. THE INTERSTATE
 COMMISSION SHALL HAVE THE DUTY AND POWER TO:
   1. OVERSEE AND MAINTAIN THE ADMINISTRATION OF THE COMPACT;
   2.  PROMULGATE  RULES  WHICH SHALL BE BINDING TO THE EXTENT AND IN THE
 MANNER PROVIDED FOR IN THE COMPACT;
 S. 4007--A                         194                        A. 3007--A

   3. ISSUE, UPON THE REQUEST OF A MEMBER STATE OR MEMBER BOARD, ADVISORY
 OPINIONS CONCERNING THE MEANING OR INTERPRETATION OF  THE  COMPACT,  ITS
 BYLAWS, RULES, AND ACTIONS;
   4.  ENFORCE  COMPLIANCE WITH COMPACT PROVISIONS, THE RULES PROMULGATED
 BY THE INTERSTATE COMMISSION, AND THE BYLAWS, USING  ALL  NECESSARY  AND
 PROPER MEANS, INCLUDING BUT NOT LIMITED TO THE USE OF JUDICIAL PROCESS;
   5.  ESTABLISH AND APPOINT COMMITTEES INCLUDING, BUT NOT LIMITED TO, AN
 EXECUTIVE COMMITTEE AS REQUIRED BY SECTION EIGHTY-EIGHT  HUNDRED  SEVEN-
 TY-ONE  OF  THIS ARTICLE, WHICH SHALL HAVE THE POWER TO ACT ON BEHALF OF
 THE INTERSTATE COMMISSION IN CARRYING OUT ITS POWERS AND DUTIES;
   6. PAY, OR PROVIDE FOR THE PAYMENT OF  THE  EXPENSES  RELATED  TO  THE
 ESTABLISHMENT,  ORGANIZATION,  AND  ONGOING ACTIVITIES OF THE INTERSTATE
 COMMISSION;
   7. ESTABLISH AND MAINTAIN ONE OR MORE OFFICES;
   8. BORROW, ACCEPT, HIRE, OR CONTRACT FOR SERVICES OF PERSONNEL;
   9. PURCHASE AND MAINTAIN INSURANCE AND BONDS;
   10. EMPLOY AN EXECUTIVE DIRECTOR WHO SHALL HAVE SUCH POWERS TO EMPLOY,
 SELECT OR APPOINT EMPLOYEES, AGENTS, OR CONSULTANTS,  AND  TO  DETERMINE
 THEIR QUALIFICATIONS, DEFINE THEIR DUTIES, AND FIX THEIR COMPENSATION;
   11. ESTABLISH PERSONNEL POLICIES AND PROGRAMS RELATING TO CONFLICTS OF
 INTEREST, RATES OF COMPENSATION, AND QUALIFICATIONS OF PERSONNEL;
   12. ACCEPT DONATIONS AND GRANTS OF MONEY, EQUIPMENT, SUPPLIES, MATERI-
 ALS AND SERVICES, AND TO RECEIVE, UTILIZE, AND DISPOSE OF IT IN A MANNER
 CONSISTENT  WITH  THE  CONFLICT  OF INTEREST POLICIES ESTABLISHED BY THE
 INTERSTATE COMMISSION;
   13. LEASE, PURCHASE, ACCEPT CONTRIBUTIONS OR DONATIONS OF,  OR  OTHER-
 WISE  TO  OWN,  HOLD,  IMPROVE, OR USE, ANY PROPERTY, REAL, PERSONAL, OR
 MIXED;
   14. SELL, CONVEY,  MORTGAGE,  PLEDGE,  LEASE,  EXCHANGE,  ABANDON,  OR
 OTHERWISE DISPOSE OF ANY PROPERTY, REAL, PERSONAL, OR MIXED;
   15. ESTABLISH A BUDGET AND MAKE EXPENDITURES;
   16.  ADOPT A SEAL AND BYLAWS GOVERNING THE MANAGEMENT AND OPERATION OF
 THE INTERSTATE COMMISSION;
   17. REPORT ANNUALLY TO THE LEGISLATURES AND GOVERNORS  OF  THE  MEMBER
 STATES CONCERNING THE ACTIVITIES OF THE INTERSTATE COMMISSION DURING THE
 PRECEDING  YEAR.    SUCH REPORTS SHALL ALSO INCLUDE REPORTS OF FINANCIAL
 AUDITS AND ANY RECOMMENDATIONS THAT MAY HAVE BEEN ADOPTED BY THE  INTER-
 STATE COMMISSION;
   18. COORDINATE EDUCATION, TRAINING, AND PUBLIC AWARENESS REGARDING THE
 COMPACT, ITS IMPLEMENTATION, AND ITS OPERATION;
   19. MAINTAIN RECORDS IN ACCORDANCE WITH THE BYLAWS;
   20. SEEK AND OBTAIN TRADEMARKS, COPYRIGHTS, AND PATENTS; AND
   21.  PERFORM  SUCH  FUNCTIONS  AS  MAY  BE NECESSARY OR APPROPRIATE TO
 ACHIEVE THE PURPOSES OF THE COMPACT.
   § 8873. FINANCE POWERS. 1. THE INTERSTATE COMMISSION MAY LEVY  ON  AND
 COLLECT AN ANNUAL ASSESSMENT FROM EACH MEMBER STATE TO COVER THE COST OF
 THE  OPERATIONS  AND  ACTIVITIES  OF  THE  INTERSTATE COMMISSION AND ITS
 STAFF. THE TOTAL ASSESSMENT MUST BE SUFFICIENT TO COVER THE ANNUAL BUDG-
 ET APPROVED EACH YEAR FOR WHICH REVENUE IS NOT PROVIDED BY OTHER  SOURC-
 ES.  THE  AGGREGATE  ANNUAL  ASSESSMENT AMOUNT SHALL BE ALLOCATED UPON A
 FORMULA TO BE DETERMINED  BY  THE  INTERSTATE  COMMISSION,  WHICH  SHALL
 PROMULGATE A RULE BINDING UPON ALL MEMBER STATES.
   2.  THE  INTERSTATE COMMISSION SHALL NOT INCUR OBLIGATIONS OF ANY KIND
 PRIOR TO SECURING THE FUNDS ADEQUATE TO MEET THE SAME.
   3. THE INTERSTATE COMMISSION SHALL NOT PLEDGE THE CREDIT OF ANY OF THE
 MEMBER STATES, EXCEPT BY, AND WITH THE AUTHORITY OF, THE MEMBER STATE.
 S. 4007--A                         195                        A. 3007--A
 
   4. THE INTERSTATE COMMISSION SHALL BE SUBJECT TO  A  YEARLY  FINANCIAL
 AUDIT  CONDUCTED  BY  A  CERTIFIED OR LICENSED PUBLIC ACCOUNTANT AND THE
 REPORT OF THE AUDIT SHALL BE INCLUDED IN THE ANNUAL REPORT OF THE INTER-
 STATE COMMISSION.
   § 8874. ORGANIZATION  AND  OPERATION  OF THE INTERSTATE COMMISSION. 1.
 THE INTERSTATE COMMISSION SHALL, BY A MAJORITY OF COMMISSIONERS  PRESENT
 AND  VOTING,  ADOPT  BYLAWS TO GOVERN ITS CONDUCT AS MAY BE NECESSARY OR
 APPROPRIATE TO CARRY OUT THE  PURPOSES  OF  THE  COMPACT  WITHIN  TWELVE
 MONTHS OF THE FIRST INTERSTATE COMMISSION MEETING.
   2.  THE  INTERSTATE  COMMISSION  SHALL  ELECT OR APPOINT ANNUALLY FROM
 AMONG ITS COMMISSIONERS A CHAIRPERSON, A VICE-CHAIRPERSON, AND A  TREAS-
 URER, EACH OF WHOM SHALL HAVE SUCH AUTHORITY AND DUTIES AS MAY BE SPECI-
 FIED  IN THE BYLAWS. THE CHAIRPERSON, OR IN THE CHAIRPERSON'S ABSENCE OR
 DISABILITY, THE VICE-CHAIRPERSON, SHALL PRESIDE AT ALL MEETINGS  OF  THE
 INTERSTATE COMMISSION.
   3. OFFICERS SELECTED PURSUANT TO SUBDIVISION TWO OF THIS SECTION SHALL
 SERVE WITHOUT REMUNERATION FROM THE INTERSTATE COMMISSION.
   4.  THE  OFFICERS  AND EMPLOYEES OF THE INTERSTATE COMMISSION SHALL BE
 IMMUNE FROM SUIT AND LIABILITY, EITHER PERSONALLY OR IN  THEIR  OFFICIAL
 CAPACITY,  FOR  A  CLAIM  FOR  DAMAGE TO OR LOSS OF PROPERTY OR PERSONAL
 INJURY OR OTHER CIVIL LIABILITY CAUSED OR ARISING OUT  OF,  OR  RELATING
 TO,  AN ACTUAL OR ALLEGED ACT, ERROR, OR OMISSION THAT OCCURRED, OR THAT
 SUCH PERSON HAD A REASONABLE BASIS FOR BELIEVING  OCCURRED,  WITHIN  THE
 SCOPE  OF INTERSTATE COMMISSION EMPLOYMENT, DUTIES, OR RESPONSIBILITIES;
 PROVIDED THAT SUCH PERSON SHALL NOT BE PROTECTED FROM SUIT OR  LIABILITY
 FOR  DAMAGE,  LOSS,  INJURY,  OR  LIABILITY CAUSED BY THE INTENTIONAL OR
 WILLFUL AND WANTON MISCONDUCT OF SUCH PERSON.
   (A) THE LIABILITY OF THE  EXECUTIVE  DIRECTOR  AND  EMPLOYEES  OF  THE
 INTERSTATE  COMMISSION  OR REPRESENTATIVES OF THE INTERSTATE COMMISSION,
 ACTING WITHIN THE SCOPE OF SUCH PERSON'S EMPLOYMENT OR DUTIES FOR  ACTS,
 ERRORS,  OR  OMISSIONS  OCCURRING  WITHIN  SUCH  PERSON'S STATE, MAY NOT
 EXCEED THE LIMITS OF LIABILITY SET FORTH UNDER THE CONSTITUTION AND LAWS
 OF THAT STATE FOR STATE OFFICIALS, EMPLOYEES, AND AGENTS. THE INTERSTATE
 COMMISSION IS CONSIDERED TO BE AN INSTRUMENTALITY OF THE STATES FOR  THE
 PURPOSES  OF  ANY  SUCH  ACTION.    NOTHING  IN  THIS PARAGRAPH SHALL BE
 CONSTRUED TO PROTECT SUCH PERSON FROM  SUIT  OR  LIABILITY  FOR  DAMAGE,
 LOSS,  INJURY,  OR  LIABILITY  CAUSED  BY THE INTENTIONAL OR WILLFUL AND
 WANTON MISCONDUCT OF SUCH PERSON.
   (B) THE INTERSTATE COMMISSION SHALL DEFEND THE EXECUTIVE DIRECTOR, ITS
 EMPLOYEES, AND SUBJECT TO THE APPROVAL OF THE ATTORNEY GENERAL OR  OTHER
 APPROPRIATE  LEGAL  COUNSEL OF THE MEMBER STATE REPRESENTED BY AN INTER-
 STATE COMMISSION REPRESENTATIVE, SHALL DEFEND SUCH INTERSTATE COMMISSION
 REPRESENTATIVE IN ANY CIVIL ACTION SEEKING TO IMPOSE  LIABILITY  ARISING
 OUT  OF AN ACTUAL OR ALLEGED ACT, ERROR OR OMISSION THAT OCCURRED WITHIN
 THE SCOPE OF INTERSTATE COMMISSION EMPLOYMENT,  DUTIES  OR  RESPONSIBIL-
 ITIES,  OR  THAT  THE  DEFENDANT  HAD  A  REASONABLE BASIS FOR BELIEVING
 OCCURRED WITHIN THE SCOPE OF INTERSTATE COMMISSION  EMPLOYMENT,  DUTIES,
 OR  RESPONSIBILITIES, PROVIDED THAT THE ACTUAL OR ALLEGED ACT, ERROR, OR
 OMISSION DID NOT RESULT FROM INTENTIONAL OR WILLFUL AND  WANTON  MISCON-
 DUCT ON THE PART OF SUCH PERSON.
   (C)  TO THE EXTENT NOT COVERED BY THE STATE INVOLVED, MEMBER STATE, OR
 THE INTERSTATE COMMISSION,  THE  REPRESENTATIVES  OR  EMPLOYEES  OF  THE
 INTERSTATE  COMMISSION SHALL BE HELD HARMLESS IN THE AMOUNT OF A SETTLE-
 MENT OR JUDGMENT, INCLUDING ATTORNEY'S FEES AND COSTS, OBTAINED  AGAINST
 SUCH PERSONS ARISING OUT OF AN ACTUAL OR ALLEGED ACT, ERROR, OR OMISSION
 THAT  OCCURRED  WITHIN  THE  SCOPE  OF INTERSTATE COMMISSION EMPLOYMENT,
 S. 4007--A                         196                        A. 3007--A
 
 DUTIES, OR RESPONSIBILITIES, OR THAT SUCH PERSONS HAD A REASONABLE BASIS
 FOR BELIEVING OCCURRED WITHIN THE SCOPE OF INTERSTATE COMMISSION EMPLOY-
 MENT, DUTIES, OR RESPONSIBILITIES, PROVIDED THAT THE ACTUAL  OR  ALLEGED
 ACT,  ERROR,  OR OMISSION DID NOT RESULT FROM INTENTIONAL OR WILLFUL AND
 WANTON MISCONDUCT ON THE PART OF SUCH PERSONS.
   § 8875. RULEMAKING FUNCTIONS OF THE INTERSTATE  COMMISSION.  1.    THE
 INTERSTATE  COMMISSION  SHALL  PROMULGATE  REASONABLE  RULES IN ORDER TO
 EFFECTIVELY  AND  EFFICIENTLY  ACHIEVE  THE  PURPOSES  OF  THE  COMPACT.
 NOTWITHSTANDING  THE  FOREGOING,  IN THE EVENT THE INTERSTATE COMMISSION
 EXERCISES ITS RULEMAKING AUTHORITY IN A MANNER THAT IS BEYOND THE  SCOPE
 OF  THE  PURPOSES  OF THE COMPACT, OR THE POWERS GRANTED HEREUNDER, THEN
 SUCH AN ACTION BY THE INTERSTATE COMMISSION SHALL BE INVALID AND HAVE NO
 FORCE OR EFFECT.
   2. RULES DEEMED APPROPRIATE  FOR  THE  OPERATIONS  OF  THE  INTERSTATE
 COMMISSION  SHALL BE MADE PURSUANT TO A RULEMAKING PROCESS THAT SUBSTAN-
 TIALLY CONFORMS TO THE FEDERAL MODEL STATE ADMINISTRATIVE PROCEDURE  ACT
 OF 2010, AND SUBSEQUENT AMENDMENTS THERETO.
   3.  NOT LATER THAN THIRTY DAYS AFTER A RULE IS PROMULGATED, ANY PERSON
 MAY FILE A PETITION FOR JUDICIAL REVIEW OF THE RULE IN THE UNITED STATES
 DISTRICT COURT FOR THE DISTRICT OF  COLUMBIA  OR  THE  FEDERAL  DISTRICT
 WHERE THE INTERSTATE COMMISSION HAS ITS PRINCIPAL OFFICES, PROVIDED THAT
 THE  FILING  OF  SUCH A PETITION SHALL NOT STAY OR OTHERWISE PREVENT THE
 RULE FROM BECOMING EFFECTIVE UNLESS THE COURT FINDS THAT THE  PETITIONER
 HAS  A SUBSTANTIAL LIKELIHOOD OF SUCCESS. THE COURT SHALL GIVE DEFERENCE
 TO THE ACTIONS OF THE INTERSTATE COMMISSION CONSISTENT  WITH  APPLICABLE
 LAW  AND SHALL NOT FIND THE RULE TO BE UNLAWFUL IF THE RULE REPRESENTS A
 REASONABLE EXERCISE OF THE AUTHORITY GRANTED TO THE  INTERSTATE  COMMIS-
 SION.
   § 8876. OVERSIGHT  OF  INTERSTATE  COMPACT. 1. THE EXECUTIVE, LEGISLA-
 TIVE, AND JUDICIAL BRANCHES OF STATE GOVERNMENT  IN  EACH  MEMBER  STATE
 SHALL  ENFORCE  THE  COMPACT  AND  SHALL  TAKE ALL ACTIONS NECESSARY AND
 APPROPRIATE  TO  EFFECTUATE  THE  COMPACT'S  PURPOSES  AND  INTENT.  THE
 PROVISIONS OF THE COMPACT AND THE RULES PROMULGATED HEREUNDER SHALL HAVE
 STANDING AS STATUTORY LAW BUT SHALL NOT OVERRIDE EXISTING STATE AUTHORI-
 TY TO REGULATE THE PRACTICE OF MEDICINE.
   2.  ALL COURTS SHALL TAKE JUDICIAL NOTICE OF THE COMPACT AND THE RULES
 IN ANY JUDICIAL OR ADMINISTRATIVE PROCEEDING IN A MEMBER STATE  PERTAIN-
 ING  TO  THE  SUBJECT MATTER OF THE COMPACT WHICH MAY AFFECT THE POWERS,
 RESPONSIBILITIES OR ACTIONS OF THE INTERSTATE COMMISSION.
   3. THE INTERSTATE COMMISSION SHALL BE ENTITLED TO RECEIVE ALL  SERVICE
 OF  PROCESS IN ANY SUCH PROCEEDING, AND SHALL HAVE STANDING TO INTERVENE
 IN THE PROCEEDING FOR ALL PURPOSES. FAILURE TO PROVIDE SERVICE OF  PROC-
 ESS  TO  THE INTERSTATE COMMISSION SHALL RENDER A JUDGMENT OR ORDER VOID
 AS TO THE INTERSTATE COMMISSION, THE COMPACT, OR PROMULGATED RULES.
   § 8877. ENFORCEMENT OF INTERSTATE COMPACT. 1. THE  INTERSTATE  COMMIS-
 SION,  IN  THE  REASONABLE EXERCISE OF ITS DISCRETION, SHALL ENFORCE THE
 PROVISIONS AND RULES OF THE COMPACT.
   2. THE INTERSTATE COMMISSION MAY, BY MAJORITY VOTE OF THE  COMMISSION-
 ERS,  INITIATE  LEGAL ACTION IN THE UNITED STATES DISTRICT COURT FOR THE
 DISTRICT OF COLUMBIA, OR, AT THE DISCRETION OF  THE  INTERSTATE  COMMIS-
 SION,  IN  THE  FEDERAL DISTRICT WHERE THE INTERSTATE COMMISSION HAS ITS
 PRINCIPAL OFFICES, TO ENFORCE COMPLIANCE  WITH  THE  PROVISIONS  OF  THE
 COMPACT, AND ITS PROMULGATED RULES AND BYLAWS, AGAINST A MEMBER STATE IN
 DEFAULT.  THE  RELIEF  SOUGHT  MAY  INCLUDE  BOTH  INJUNCTIVE RELIEF AND
 DAMAGES. IN THE EVENT JUDICIAL ENFORCEMENT IS NECESSARY, THE  PREVAILING
 S. 4007--A                         197                        A. 3007--A
 
 PARTY SHALL BE AWARDED ALL COSTS OF SUCH LITIGATION INCLUDING REASONABLE
 ATTORNEY'S FEES.
   3.  THE  REMEDIES  HEREIN  SHALL  NOT BE THE EXCLUSIVE REMEDIES OF THE
 INTERSTATE COMMISSION.  THE INTERSTATE COMMISSION MAY  AVAIL  ITSELF  OF
 ANY  OTHER  REMEDIES  AVAILABLE  UNDER  STATE LAW OR THE REGULATION OF A
 PROFESSION.
   § 8878. DEFAULT PROCEDURES. 1. THE GROUNDS FOR  DEFAULT  INCLUDE,  BUT
 ARE  NOT  LIMITED  TO,  FAILURE  OF A MEMBER STATE TO PERFORM SUCH OBLI-
 GATIONS OR RESPONSIBILITIES IMPOSED UPON IT BY THE COMPACT, OR THE RULES
 AND BYLAWS OF THE INTERSTATE COMMISSION PROMULGATED UNDER THE COMPACT.
   2. IF THE INTERSTATE COMMISSION DETERMINES THAT  A  MEMBER  STATE  HAS
 DEFAULTED  IN  THE  PERFORMANCE  OF  ITS OBLIGATIONS OR RESPONSIBILITIES
 UNDER THE COMPACT, OR THE BYLAWS OR PROMULGATED  RULES,  THE  INTERSTATE
 COMMISSION SHALL:
   (A)  PROVIDE  WRITTEN  NOTICE TO THE DEFAULTING STATE AND OTHER MEMBER
 STATES, OF THE NATURE OF THE DEFAULT, THE MEANS OF CURING  THE  DEFAULT,
 AND  ANY  ACTION  TAKEN  BY  THE INTERSTATE COMMISSION.   THE INTERSTATE
 COMMISSION SHALL SPECIFY THE CONDITIONS BY WHICH  THE  DEFAULTING  STATE
 MUST CURE ITS DEFAULT; AND
   (B)  PROVIDE  REMEDIAL  TRAINING  AND  SPECIFIC  TECHNICAL  ASSISTANCE
 REGARDING THE DEFAULT.
   3. IF THE DEFAULTING STATE FAILS TO CURE THE DEFAULT,  THE  DEFAULTING
 STATE SHALL BE TERMINATED FROM THE COMPACT UPON AN AFFIRMATIVE VOTE OF A
 MAJORITY  OF  THE COMMISSIONERS AND ALL RIGHTS, PRIVILEGES, AND BENEFITS
 CONFERRED BY THE COMPACT SHALL TERMINATE ON THE EFFECTIVE DATE OF TERMI-
 NATION. A CURE OF THE DEFAULT DOES NOT RELIEVE THE  OFFENDING  STATE  OF
 OBLIGATIONS OR LIABILITIES INCURRED DURING THE PERIOD OF THE DEFAULT.
   4.  TERMINATION  OF  MEMBERSHIP  IN  THE COMPACT SHALL BE IMPOSED ONLY
 AFTER ALL OTHER MEANS OF SECURING COMPLIANCE HAVE BEEN EXHAUSTED. NOTICE
 OF INTENT TO TERMINATE SHALL BE GIVEN BY THE  INTERSTATE  COMMISSION  TO
 THE  GOVERNOR,  THE  MAJORITY  AND  MINORITY  LEADERS  OF THE DEFAULTING
 STATE'S LEGISLATURE, AND EACH OF THE MEMBER STATES.
   5. THE INTERSTATE COMMISSION SHALL ESTABLISH RULES AND  PROCEDURES  TO
 ADDRESS  LICENSES  AND  PHYSICIANS  THAT  ARE MATERIALLY IMPACTED BY THE
 TERMINATION OF A MEMBER STATE, OR THE WITHDRAWAL OF A MEMBER STATE.
   6. THE MEMBER STATE WHICH HAS BEEN TERMINATED IS RESPONSIBLE  FOR  ALL
 DUES,  OBLIGATIONS,  AND LIABILITIES INCURRED THROUGH THE EFFECTIVE DATE
 OF TERMINATION INCLUDING OBLIGATIONS, THE PERFORMANCE OF  WHICH  EXTENDS
 BEYOND THE EFFECTIVE DATE OF TERMINATION.
   7.  THE INTERSTATE COMMISSION SHALL NOT BEAR ANY COSTS RELATING TO ANY
 STATE THAT HAS BEEN FOUND TO BE IN DEFAULT OR WHICH HAS BEEN  TERMINATED
 FROM  THE  COMPACT,  UNLESS  OTHERWISE  MUTUALLY  AGREED UPON IN WRITING
 BETWEEN THE INTERSTATE COMMISSION AND THE DEFAULTING STATE.
   8. THE DEFAULTING STATE  MAY  APPEAL  THE  ACTION  OF  THE  INTERSTATE
 COMMISSION  BY  PETITIONING  THE  UNITED  STATES  DISTRICT COURT FOR THE
 DISTRICT OF COLUMBIA  OR  THE  FEDERAL  DISTRICT  WHERE  THE  INTERSTATE
 COMMISSION  HAS  ITS  PRINCIPAL  OFFICES.  THE PREVAILING PARTY SHALL BE
 AWARDED ALL COSTS OF SUCH  LITIGATION  INCLUDING  REASONABLE  ATTORNEY'S
 FEES.
   § 8879. DISPUTE   RESOLUTION.   1.  THE  INTERSTATE  COMMISSION  SHALL
 ATTEMPT, UPON THE REQUEST OF A MEMBER STATE, TO RESOLVE  DISPUTES  WHICH
 ARE  SUBJECT  TO  THE COMPACT AND WHICH MAY ARISE AMONG MEMBER STATES OR
 MEMBER BOARDS.
   2. THE INTERSTATE COMMISSION SHALL PROMULGATE RULES PROVIDING FOR BOTH
 MEDIATION AND BINDING DISPUTE RESOLUTION AS APPROPRIATE.
 S. 4007--A                         198                        A. 3007--A

   § 8880. MEMBER STATES, EFFECTIVE DATE AND AMENDMENT. 1. ANY  STATE  IS
 ELIGIBLE TO BECOME A MEMBER STATE OF THE COMPACT.
   2.  THE  COMPACT  SHALL  BECOME EFFECTIVE AND BINDING UPON LEGISLATIVE
 ENACTMENT OF THE COMPACT INTO LAW BY NO LESS THAN SEVEN  STATES.  THERE-
 AFTER,  IT  SHALL BECOME EFFECTIVE AND BINDING ON A STATE UPON ENACTMENT
 OF THE COMPACT INTO LAW BY THAT STATE.
   3. THE GOVERNORS OF NON-MEMBER STATES, OR THEIR  DESIGNEES,  SHALL  BE
 INVITED TO PARTICIPATE IN THE ACTIVITIES OF THE INTERSTATE COMMISSION ON
 A NON-VOTING BASIS PRIOR TO ADOPTION OF THE COMPACT BY ALL STATES.
   4. THE INTERSTATE COMMISSION MAY PROPOSE AMENDMENTS TO THE COMPACT FOR
 ENACTMENT  BY THE MEMBER STATES. NO AMENDMENT SHALL BECOME EFFECTIVE AND
 BINDING UPON THE INTERSTATE COMMISSION AND THE MEMBER STATES UNLESS  AND
 UNTIL IT IS ENACTED INTO LAW BY UNANIMOUS CONSENT OF THE MEMBER STATES.
   § 8881. WITHDRAWAL.  1.  ONCE EFFECTIVE, THE COMPACT SHALL CONTINUE IN
 FORCE AND REMAIN BINDING UPON EACH AND EVERY MEMBER STATE; PROVIDED THAT
 A MEMBER STATE MAY WITHDRAW FROM THE COMPACT BY  SPECIFICALLY  REPEALING
 THE STATUTE WHICH ENACTED THE COMPACT INTO LAW.
   2.  WITHDRAWAL FROM THE COMPACT SHALL BE BY THE ENACTMENT OF A STATUTE
 REPEALING THE SAME, BUT SHALL NOT TAKE EFFECT UNTIL ONE YEAR  AFTER  THE
 EFFECTIVE  DATE  OF  SUCH  STATUTE AND UNTIL WRITTEN NOTICE OF THE WITH-
 DRAWAL HAS BEEN GIVEN BY THE WITHDRAWING STATE TO THE GOVERNOR  OF  EACH
 OTHER MEMBER STATE.
   3.  THE  WITHDRAWING STATE SHALL IMMEDIATELY NOTIFY THE CHAIRPERSON OF
 THE INTERSTATE COMMISSION IN WRITING UPON  THE  INTRODUCTION  OF  LEGIS-
 LATION REPEALING THE COMPACT IN THE WITHDRAWING STATE.
   4.  THE  INTERSTATE COMMISSION SHALL NOTIFY THE OTHER MEMBER STATES OF
 THE WITHDRAWING STATE'S INTENT TO WITHDRAW  WITHIN  SIXTY  DAYS  OF  ITS
 RECEIPT OF NOTICE PROVIDED UNDER SUBDIVISION THREE OF THIS SECTION.
   5.  THE WITHDRAWING STATE IS RESPONSIBLE FOR ALL DUES, OBLIGATIONS AND
 LIABILITIES INCURRED THROUGH THE EFFECTIVE DATE OF WITHDRAWAL, INCLUDING
 OBLIGATIONS, THE PERFORMANCE OF WHICH EXTEND BEYOND THE  EFFECTIVE  DATE
 OF WITHDRAWAL.
   6.  REINSTATEMENT  FOLLOWING  WITHDRAWAL OF A MEMBER STATE SHALL OCCUR
 UPON THE WITHDRAWING STATE REENACTING THE COMPACT  OR  UPON  SUCH  LATER
 DATE AS DETERMINED BY THE INTERSTATE COMMISSION.
   7. THE INTERSTATE COMMISSION IS AUTHORIZED TO DEVELOP RULES TO ADDRESS
 THE  IMPACT  OF  THE WITHDRAWAL OF A MEMBER STATE ON LICENSES GRANTED IN
 OTHER MEMBER STATES TO PHYSICIANS WHO DESIGNATED THE WITHDRAWING  MEMBER
 STATE AS THE STATE OF PRINCIPAL LICENSE.
   § 8882. DISSOLUTION.  1. THE COMPACT SHALL DISSOLVE EFFECTIVE UPON THE
 DATE OF THE WITHDRAWAL OR DEFAULT OF THE MEMBER STATE WHICH REDUCES  THE
 MEMBERSHIP IN THE COMPACT TO ONE MEMBER STATE.
   2.  UPON  THE DISSOLUTION OF THE COMPACT, THE COMPACT BECOMES NULL AND
 VOID AND SHALL BE OF NO FURTHER FORCE OR EFFECT, AND  THE  BUSINESS  AND
 AFFAIRS  OF  THE  INTERSTATE  COMMISSION  SHALL BE CONCLUDED AND SURPLUS
 FUNDS SHALL BE DISTRIBUTED IN ACCORDANCE WITH THE BYLAWS.
   § 8883. SEVERABILITY  AND  CONSTRUCTION.  1.  THE  PROVISIONS  OF  THE
 COMPACT  SHALL  BE  SEVERABLE,  AND  IF ANY PHRASE, CLAUSE, SENTENCE, OR
 PROVISION IS DEEMED  UNENFORCEABLE,  THE  REMAINING  PROVISIONS  OF  THE
 COMPACT SHALL BE ENFORCEABLE.
   2.  THE  PROVISIONS  OF  THE  COMPACT  SHALL BE LIBERALLY CONSTRUED TO
 EFFECTUATE ITS PURPOSES.
   3. NOTHING IN THE COMPACT SHALL BE CONSTRUED TO PROHIBIT THE  APPLICA-
 BILITY OF OTHER INTERSTATE COMPACTS TO WHICH THE STATES ARE MEMBERS.
 S. 4007--A                         199                        A. 3007--A

   § 8884. BINDING EFFECT OF COMPACT AND OTHER LAWS. 1. NOTHING CONTAINED
 IN  THIS  ARTICLE  SHALL  PREVENT  THE ENFORCEMENT OF ANY OTHER LAW OF A
 MEMBER STATE THAT IS NOT INCONSISTENT WITH THE COMPACT.
   2.  ALL LAWS IN A MEMBER STATE IN CONFLICT WITH THE COMPACT ARE SUPER-
 SEDED TO THE EXTENT OF THE CONFLICT.
   3. ALL LAWFUL ACTIONS OF  THE  INTERSTATE  COMMISSION,  INCLUDING  ALL
 RULES  AND  BYLAWS  PROMULGATED  BY THE COMMISSION, ARE BINDING UPON THE
 MEMBER STATES.
   4. ALL AGREEMENTS BETWEEN THE INTERSTATE  COMMISSION  AND  THE  MEMBER
 STATES ARE BINDING IN ACCORDANCE WITH THEIR TERMS.
   5.  IN  THE  EVENT  ANY PROVISION OF THE COMPACT EXCEEDS THE CONSTITU-
 TIONAL LIMITS IMPOSED ON THE  LEGISLATURE  OF  ANY  MEMBER  STATE,  SUCH
 PROVISION  SHALL  BE  INEFFECTIVE TO THE EXTENT OF THE CONFLICT WITH THE
 CONSTITUTIONAL PROVISION IN QUESTION IN THAT MEMBER STATE.
   § 31. Article 170 of the education law is renumbered article 171 and a
 new article 170 is added to title 8 of the  education  law  to  read  as
 follows:
                                ARTICLE 170
                          NURSE LICENSURE COMPACT
 SECTION 8900. NURSE LICENSURE COMPACT.
         8901. FINDINGS AND DECLARATION OF PURPOSE.
         8902. DEFINITIONS.
         8903. GENERAL PROVISIONS AND JURISDICTION.
         8904. APPLICATIONS FOR LICENSURE IN A PARTY STATE.
         8905. ADDITIONAL  AUTHORITIES  INVESTED IN PARTY STATE LICENSING
                 BOARDS.
         8906. COORDINATED LICENSURE INFORMATION SYSTEM AND  EXCHANGE  OF
                 INFORMATION.
         8907. ESTABLISHMENT OF THE INTERSTATE COMMISSION OF NURSE LICEN-
                 SURE COMPACT ADMINISTRATORS.
         8908. RULEMAKING.
         8909. OVERSIGHT, DISPUTE RESOLUTION AND ENFORCEMENT.
         8910. EFFECTIVE DATE, WITHDRAWAL AND AMENDMENT.
         8911. CONSTRUCTION AND SEVERABILITY.
   § 8900. NURSE  LICENSURE  COMPACT.  THE  NURSE  LICENSE COMPACT AS SET
 FORTH IN THE ARTICLE IS HEREBY ADOPTED AND ENTERED INTO WITH  ALL  PARTY
 STATES JOINING THEREIN.
   § 8901. FINDINGS  AND  DECLARATION OF PURPOSE  1. FINDINGS.  THE PARTY
 STATES FIND THAT:
   A. THE HEALTH AND SAFETY OF THE PUBLIC ARE AFFECTED BY THE  DEGREE  OF
 COMPLIANCE  WITH AND THE EFFECTIVENESS OF ENFORCEMENT ACTIVITIES RELATED
 TO STATE NURSE LICENSURE LAWS;
   B. VIOLATIONS OF NURSE LICENSURE AND OTHER LAWS REGULATING  THE  PRAC-
 TICE OF NURSING MAY RESULT IN INJURY OR HARM TO THE PUBLIC;
   C.  THE  EXPANDED  MOBILITY OF NURSES AND THE USE OF ADVANCED COMMUNI-
 CATION TECHNOLOGIES AS PART OF OUR NATION'S HEALTH CARE DELIVERY  SYSTEM
 REQUIRE  GREATER  COORDINATION AND COOPERATION AMONG STATES IN THE AREAS
 OF NURSE LICENSURE AND REGULATION;
   D. NEW PRACTICE MODALITIES AND TECHNOLOGY MAKE COMPLIANCE  WITH  INDI-
 VIDUAL STATE NURSE LICENSURE LAWS DIFFICULT AND COMPLEX;
   E.  THE  CURRENT SYSTEM OF DUPLICATIVE LICENSURE FOR NURSES PRACTICING
 IN MULTIPLE STATES IS CUMBERSOME  AND  REDUNDANT  FOR  BOTH  NURSES  AND
 STATES; AND
   F.  UNIFORMITY  OF  NURSE LICENSURE REQUIREMENTS THROUGHOUT THE STATES
 PROMOTES PUBLIC SAFETY AND PUBLIC HEALTH BENEFITS.
 S. 4007--A                         200                        A. 3007--A
 
   2. DECLARATION OF PURPOSE. THE GENERAL PURPOSES OF  THIS  COMPACT  ARE
 TO:
   A.  FACILITATE  THE  STATES'  RESPONSIBILITY  TO  PROTECT THE PUBLIC'S
 HEALTH AND SAFETY;
   B. ENSURE AND ENCOURAGE THE COOPERATION OF PARTY STATES IN  THE  AREAS
 OF NURSE LICENSURE AND REGULATION;
   C.  FACILITATE THE EXCHANGE OF INFORMATION BETWEEN PARTY STATES IN THE
 AREAS OF NURSE REGULATION, INVESTIGATION AND ADVERSE ACTIONS;
   D. PROMOTE COMPLIANCE WITH THE LAWS GOVERNING THE PRACTICE OF  NURSING
 IN EACH JURISDICTION;
   E. INVEST ALL PARTY STATES WITH THE AUTHORITY TO HOLD A NURSE ACCOUNT-
 ABLE  FOR  MEETING  ALL  STATE  PRACTICE  LAWS IN THE STATE IN WHICH THE
 PATIENT IS LOCATED AT THE TIME  CARE  IS  RENDERED  THROUGH  THE  MUTUAL
 RECOGNITION OF PARTY STATE LICENSES;
   F.  DECREASE  REDUNDANCIES  IN THE CONSIDERATION AND ISSUANCE OF NURSE
 LICENSES; AND
   G. PROVIDE OPPORTUNITIES FOR INTERSTATE PRACTICE BY  NURSES  WHO  MEET
 UNIFORM LICENSURE REQUIREMENTS.
   § 8902. DEFINITIONS. 1. DEFINITIONS. AS USED IN THIS COMPACT:
   A.  "ADVERSE  ACTION"  MEANS  ANY  ADMINISTRATIVE, CIVIL, EQUITABLE OR
 CRIMINAL ACTION PERMITTED BY A  STATE'S  LAWS  WHICH  IS  IMPOSED  BY  A
 LICENSING  BOARD  OR  OTHER AUTHORITY AGAINST A NURSE, INCLUDING ACTIONS
 AGAINST AN INDIVIDUAL'S LICENSE OR MULTISTATE LICENSURE  PRIVILEGE  SUCH
 AS  REVOCATION, SUSPENSION, PROBATION, MONITORING OF THE LICENSEE, LIMI-
 TATION ON THE LICENSEE'S PRACTICE, OR ANY OTHER ENCUMBRANCE ON LICENSURE
 AFFECTING A NURSE'S AUTHORIZATION TO PRACTICE, INCLUDING ISSUANCE  OF  A
 CEASE AND DESIST ACTION.
   B.  "ALTERNATIVE  PROGRAM" MEANS A NON-DISCIPLINARY MONITORING PROGRAM
 APPROVED BY A LICENSING BOARD.
   C. "COORDINATED LICENSURE  INFORMATION  SYSTEM"  MEANS  AN  INTEGRATED
 PROCESS  FOR COLLECTING, STORING AND SHARING INFORMATION ON NURSE LICEN-
 SURE AND ENFORCEMENT ACTIVITIES RELATED TO NURSE LICENSURE LAWS THAT  IS
 ADMINISTERED  BY  A NONPROFIT ORGANIZATION COMPOSED OF AND CONTROLLED BY
 LICENSING BOARDS.
   D. "COMMISSION" MEANS THE INTERSTATE  COMMISSION  OF  NURSE  LICENSURE
 COMPACT ADMINISTRATORS.
   E. "CURRENT SIGNIFICANT INVESTIGATIVE INFORMATION" MEANS:
   1.  INVESTIGATIVE INFORMATION THAT A LICENSING BOARD, AFTER A PRELIMI-
 NARY INQUIRY THAT INCLUDES NOTIFICATION AND AN OPPORTUNITY FOR THE NURSE
 TO RESPOND, IF REQUIRED BY STATE LAW,  HAS  REASON  TO  BELIEVE  IS  NOT
 GROUNDLESS AND, IF PROVED TRUE, WOULD INDICATE MORE THAN A MINOR INFRAC-
 TION; OR
   2.  INVESTIGATIVE INFORMATION THAT INDICATES THAT THE NURSE REPRESENTS
 AN IMMEDIATE THREAT TO PUBLIC HEALTH AND SAFETY  REGARDLESS  OF  WHETHER
 THE NURSE HAS BEEN NOTIFIED AND HAD AN OPPORTUNITY TO RESPOND; OR
   3. ANY INFORMATION CONCERNING A NURSE REPORTED TO A LICENSING BOARD BY
 A  HEALTH  CARE  ENTITY,  HEALTH CARE PROFESSIONAL, OR ANY OTHER PERSON,
 WHICH INDICATES THAT THE NURSE DEMONSTRATED AN IMPAIRMENT, GROSS  INCOM-
 PETENCE, OR UNPROFESSIONAL CONDUCT THAT WOULD PRESENT AN IMMINENT DANGER
 TO A PATIENT OR THE PUBLIC HEALTH, SAFETY, OR WELFARE.
   F.  "ENCUMBRANCE"  MEANS A REVOCATION OR SUSPENSION OF, OR ANY LIMITA-
 TION ON, THE FULL AND UNRESTRICTED PRACTICE  OF  NURSING  IMPOSED  BY  A
 LICENSING BOARD.
   G.  "HOME  STATE"  MEANS  THE PARTY STATE WHICH IS THE NURSE'S PRIMARY
 STATE OF RESIDENCE.
 S. 4007--A                         201                        A. 3007--A
 
   H. "LICENSING BOARD" MEANS A PARTY STATE'S REGULATORY BODY RESPONSIBLE
 FOR ISSUING NURSE LICENSES.
   I.  "MULTISTATE  LICENSE"  MEANS A LICENSE TO PRACTICE AS A REGISTERED
 NURSE (RN) OR AS A LICENSED PRACTICAL/VOCATIONAL NURSE  (LPN/VN),  WHICH
 IS  ISSUED  BY  A  HOME  STATE LICENSING BOARD, AND WHICH AUTHORIZES THE
 LICENSED NURSE TO PRACTICE IN ALL PARTY STATES UNDER A MULTISTATE LICEN-
 SURE PRIVILEGE.
   J. "MULTISTATE LICENSURE PRIVILEGE" MEANS A LEGAL AUTHORIZATION  ASSO-
 CIATED  WITH  A MULTISTATE LICENSE PERMITTING THE PRACTICE OF NURSING AS
 EITHER A RN OR A LPN/VN IN A REMOTE STATE.
   K. "NURSE" MEANS RN OR LPN/VN, AS THOSE  TERMS  ARE  DEFINED  BY  EACH
 PARTY STATE'S PRACTICE LAWS.
   L. "PARTY STATE" MEANS ANY STATE THAT HAS ADOPTED THIS COMPACT.
   M. "REMOTE STATE" MEANS A PARTY STATE, OTHER THAN THE HOME STATE.
   N.  "SINGLE-STATE  LICENSE"  MEANS  A  NURSE LICENSE ISSUED BY A PARTY
 STATE THAT AUTHORIZES PRACTICE ONLY WITHIN THE ISSUING  STATE  AND  DOES
 NOT  INCLUDE  A  MULTISTATE LICENSURE PRIVILEGE TO PRACTICE IN ANY OTHER
 PARTY STATE.
   O. "STATE" MEANS A STATE, TERRITORY OR POSSESSION OF THE UNITED STATES
 AND THE DISTRICT OF COLUMBIA.
   P. "STATE PRACTICE LAWS" MEANS A PARTY STATE'S LAWS, RULES  AND  REGU-
 LATIONS THAT GOVERN THE PRACTICE OF NURSING, DEFINE THE SCOPE OF NURSING
 PRACTICE,  AND  CREATE  THE METHODS AND GROUNDS FOR IMPOSING DISCIPLINE.
 "STATE PRACTICE LAWS" SHALL NOT INCLUDE REQUIREMENTS NECESSARY TO OBTAIN
 AND RETAIN A LICENSE, EXCEPT FOR QUALIFICATIONS OR REQUIREMENTS  OF  THE
 HOME STATE.
   § 8903. GENERAL PROVISIONS AND JURISDICTION. 1. GENERAL PROVISIONS AND
 JURISDICTION. A. A MULTISTATE LICENSE TO PRACTICE REGISTERED OR LICENSED
 PRACTICAL/VOCATIONAL  NURSING  ISSUED  BY  A HOME STATE TO A RESIDENT IN
 THAT STATE WILL BE RECOGNIZED BY EACH PARTY STATE AS AUTHORIZING A NURSE
 TO  PRACTICE  AS  A   REGISTERED   NURSE   (RN)   OR   AS   A   LICENSED
 PRACTICAL/VOCATIONAL NURSE (LPN/VN), UNDER A MULTISTATE LICENSURE PRIVI-
 LEGE, IN EACH PARTY STATE.
   B.  A  STATE  SHALL  IMPLEMENT PROCEDURES FOR CONSIDERING THE CRIMINAL
 HISTORY RECORDS OF APPLICANTS  FOR  AN  INITIAL  MULTISTATE  LICENSE  OR
 LICENSURE  BY  ENDORSEMENT. SUCH PROCEDURES SHALL INCLUDE THE SUBMISSION
 OF FINGERPRINTS OR OTHER BIOMETRIC-BASED INFORMATION BY  APPLICANTS  FOR
 THE PURPOSE OF OBTAINING AN APPLICANT'S CRIMINAL HISTORY RECORD INFORMA-
 TION FROM THE FEDERAL BUREAU OF INVESTIGATION AND THE AGENCY RESPONSIBLE
 FOR RETAINING THAT STATE'S CRIMINAL RECORDS.
   C.  EACH PARTY STATE SHALL REQUIRE ITS LICENSING BOARD TO AUTHORIZE AN
 APPLICANT TO OBTAIN OR RETAIN A MULTISTATE LICENSE  IN  THE  HOME  STATE
 ONLY IF THE APPLICANT:
   I.  MEETS  THE HOME STATE'S QUALIFICATIONS FOR LICENSURE OR RENEWAL OF
 LICENSURE, AND COMPLIES WITH ALL OTHER APPLICABLE STATE LAWS;
   II. (1) HAS GRADUATED OR IS ELIGIBLE  TO  GRADUATE  FROM  A  LICENSING
 BOARD-APPROVED RN OR LPN/VN PRELICENSURE EDUCATION PROGRAM; OR
   (2)  HAS  GRADUATED FROM A FOREIGN RN OR LPN/VN PRELICENSURE EDUCATION
 PROGRAM THAT HAS BEEN: (A) APPROVED BY THE AUTHORIZED  ACCREDITING  BODY
 IN  THE  APPLICABLE  COUNTRY, AND (B) VERIFIED BY AN INDEPENDENT CREDEN-
 TIALS REVIEW AGENCY TO BE COMPARABLE TO A LICENSING BOARD-APPROVED PREL-
 ICENSURE EDUCATION PROGRAM;
   III. HAS, IF A GRADUATE OF A FOREIGN  PRELICENSURE  EDUCATION  PROGRAM
 NOT  TAUGHT  IN  ENGLISH  OR  IF  ENGLISH IS NOT THE INDIVIDUAL'S NATIVE
 LANGUAGE, SUCCESSFULLY PASSED AN ENGLISH  PROFICIENCY  EXAMINATION  THAT
 INCLUDES THE COMPONENTS OF READING, SPEAKING, WRITING AND LISTENING;
 S. 4007--A                         202                        A. 3007--A
 
   IV.  HAS  SUCCESSFULLY  PASSED  AN NCLEX-RN OR NCLEX-PN EXAMINATION OR
 RECOGNIZED PREDECESSOR, AS APPLICABLE;
   V. IS ELIGIBLE FOR OR HOLDS AN ACTIVE, UNENCUMBERED LICENSE;
   VI.  HAS  SUBMITTED,  IN  CONNECTION  WITH  AN APPLICATION FOR INITIAL
 LICENSURE OR LICENSURE BY ENDORSEMENT, FINGERPRINTS OR  OTHER  BIOMETRIC
 DATA  FOR  THE  PURPOSE OF OBTAINING CRIMINAL HISTORY RECORD INFORMATION
 FROM THE FEDERAL BUREAU OF INVESTIGATION AND THE AGENCY RESPONSIBLE  FOR
 RETAINING THAT STATE'S CRIMINAL RECORDS;
   VII.  HAS  NOT  BEEN CONVICTED OR FOUND GUILTY, OR HAS ENTERED INTO AN
 AGREED DISPOSITION, OF A FELONY OFFENSE UNDER APPLICABLE STATE OR FEDER-
 AL CRIMINAL LAW;
   VIII. HAS NOT BEEN CONVICTED OR FOUND GUILTY, OR HAS ENTERED  INTO  AN
 AGREED  DISPOSITION, OF A MISDEMEANOR OFFENSE RELATED TO THE PRACTICE OF
 NURSING AS DETERMINED ON A CASE-BY-CASE BASIS;
   IX. IS NOT CURRENTLY ENROLLED IN AN ALTERNATIVE PROGRAM;
   X.  IS  SUBJECT  TO  SELF-DISCLOSURE  REQUIREMENTS  REGARDING  CURRENT
 PARTICIPATION IN AN ALTERNATIVE PROGRAM; AND
   XI. HAS A VALID UNITED STATES SOCIAL SECURITY NUMBER.
   D.  ALL  PARTY STATES SHALL BE AUTHORIZED, IN ACCORDANCE WITH EXISTING
 STATE DUE PROCESS LAW, TO TAKE ADVERSE ACTION AGAINST A  NURSE'S  MULTI-
 STATE  LICENSURE  PRIVILEGE SUCH AS REVOCATION, SUSPENSION, PROBATION OR
 ANY OTHER ACTION THAT AFFECTS A NURSE'S AUTHORIZATION TO PRACTICE  UNDER
 A MULTISTATE LICENSURE PRIVILEGE, INCLUDING CEASE AND DESIST ACTIONS. IF
 A  PARTY  STATE TAKES SUCH ACTION, IT SHALL PROMPTLY NOTIFY THE ADMINIS-
 TRATOR OF THE COORDINATED LICENSURE INFORMATION SYSTEM. THE  ADMINISTRA-
 TOR OF THE COORDINATED LICENSURE INFORMATION SYSTEM SHALL PROMPTLY NOTI-
 FY THE HOME STATE OF ANY SUCH ACTIONS BY REMOTE STATES.
   E.  A  NURSE  PRACTICING  IN A PARTY STATE SHALL COMPLY WITH THE STATE
 PRACTICE LAWS OF THE STATE IN WHICH THE CLIENT IS LOCATED  AT  THE  TIME
 SERVICE  IS  PROVIDED. THE PRACTICE OF NURSING IS NOT LIMITED TO PATIENT
 CARE BUT SHALL INCLUDE ALL NURSING PRACTICE  AS  DEFINED  BY  THE  STATE
 PRACTICE  LAWS  OF  THE  PARTY STATE IN WHICH THE CLIENT IS LOCATED. THE
 PRACTICE OF NURSING IN A PARTY STATE UNDER A MULTISTATE LICENSURE PRIVI-
 LEGE WILL SUBJECT A NURSE TO THE JURISDICTION OF  THE  LICENSING  BOARD,
 THE  COURTS  AND  THE  LAWS  OF  THE  PARTY STATE IN WHICH THE CLIENT IS
 LOCATED AT THE TIME SERVICE IS PROVIDED.
   F. INDIVIDUALS NOT RESIDING IN A PARTY STATE SHALL CONTINUE TO BE ABLE
 TO APPLY FOR A PARTY STATE'S SINGLE-STATE LICENSE AS PROVIDED UNDER  THE
 LAWS  OF  EACH PARTY STATE. HOWEVER, THE SINGLE-STATE LICENSE GRANTED TO
 THESE INDIVIDUALS WILL NOT BE RECOGNIZED AS GRANTING  THE  PRIVILEGE  TO
 PRACTICE NURSING IN ANY OTHER PARTY STATE. NOTHING IN THIS COMPACT SHALL
 AFFECT THE REQUIREMENTS ESTABLISHED BY A PARTY STATE FOR THE ISSUANCE OF
 A SINGLE-STATE LICENSE.
   G. ANY NURSE HOLDING A HOME STATE MULTISTATE LICENSE, ON THE EFFECTIVE
 DATE OF THIS COMPACT, MAY RETAIN AND RENEW THE MULTISTATE LICENSE ISSUED
 BY THE NURSE'S THEN-CURRENT HOME STATE, PROVIDED THAT:
   I.  A  NURSE,  WHO  CHANGES  PRIMARY  STATE  OF  RESIDENCE  AFTER THIS
 COMPACT'S EFFECTIVE DATE, SHALL MEET  ALL  APPLICABLE  REQUIREMENTS  SET
 FORTH  IN  THIS  ARTICLE  TO OBTAIN A MULTISTATE LICENSE FROM A NEW HOME
 STATE.
   II. A NURSE WHO FAILS TO SATISFY THE MULTISTATE LICENSURE REQUIREMENTS
 SET FORTH IN THIS ARTICLE DUE TO A DISQUALIFYING EVENT  OCCURRING  AFTER
 THIS  COMPACT'S  EFFECTIVE DATE SHALL BE INELIGIBLE TO RETAIN OR RENEW A
 MULTISTATE LICENSE, AND THE NURSE'S MULTISTATE LICENSE SHALL BE  REVOKED
 OR  DEACTIVATED  IN  ACCORDANCE  WITH  APPLICABLE  RULES  ADOPTED BY THE
 COMMISSION.
 S. 4007--A                         203                        A. 3007--A
 
   § 8904. APPLICATIONS FOR LICENSURE IN A PARTY STATE.  1.  APPLICATIONS
 FOR  LICENSURE  IN  A  PARTY STATE. A. UPON APPLICATION FOR A MULTISTATE
 LICENSE, THE LICENSING BOARD IN THE ISSUING PARTY STATE SHALL ASCERTAIN,
 THROUGH THE COORDINATED LICENSURE INFORMATION SYSTEM, WHETHER THE APPLI-
 CANT  HAS  EVER HELD, OR IS THE HOLDER OF, A LICENSE ISSUED BY ANY OTHER
 STATE, WHETHER THERE ARE ANY ENCUMBRANCES ON ANY LICENSE  OR  MULTISTATE
 LICENSURE  PRIVILEGE  HELD  BY THE APPLICANT, WHETHER ANY ADVERSE ACTION
 HAS BEEN TAKEN AGAINST ANY LICENSE  OR  MULTISTATE  LICENSURE  PRIVILEGE
 HELD BY THE APPLICANT AND WHETHER THE APPLICANT IS CURRENTLY PARTICIPAT-
 ING IN AN ALTERNATIVE PROGRAM.
   B. A NURSE MAY HOLD A MULTISTATE LICENSE, ISSUED BY THE HOME STATE, IN
 ONLY ONE PARTY STATE AT A TIME.
   C. IF A NURSE CHANGES PRIMARY STATE OF RESIDENCE BY MOVING BETWEEN TWO
 PARTY  STATES, THE NURSE MUST APPLY FOR LICENSURE IN THE NEW HOME STATE,
 AND THE MULTISTATE LICENSE ISSUED BY THE PRIOR HOME STATE WILL BE  DEAC-
 TIVATED IN ACCORDANCE WITH APPLICABLE RULES ADOPTED BY THE COMMISSION.
   I. THE NURSE MAY APPLY FOR LICENSURE IN ADVANCE OF A CHANGE IN PRIMARY
 STATE OF RESIDENCE.
   II.  A  MULTISTATE  LICENSE  SHALL NOT BE ISSUED BY THE NEW HOME STATE
 UNTIL THE NURSE PROVIDES SATISFACTORY EVIDENCE OF A  CHANGE  IN  PRIMARY
 STATE  OF  RESIDENCE  TO THE NEW HOME STATE AND SATISFIES ALL APPLICABLE
 REQUIREMENTS TO OBTAIN A MULTISTATE LICENSE FROM THE NEW HOME STATE.
   D. IF A NURSE CHANGES PRIMARY STATE OF  RESIDENCE  BY  MOVING  FROM  A
 PARTY  STATE  TO A NON-PARTY STATE, THE MULTISTATE LICENSE ISSUED BY THE
 PRIOR HOME STATE WILL CONVERT TO A SINGLE-STATE LICENSE, VALID  ONLY  IN
 THE FORMER HOME STATE.
   § 8905. ADDITIONAL  AUTHORITIES  INVESTED  IN  PARTY  STATE  LICENSING
 BOARDS. 1. LICENSING BOARD AUTHORITY. IN ADDITION TO  THE  OTHER  POWERS
 CONFERRED BY STATE LAW, A LICENSING BOARD SHALL HAVE THE AUTHORITY TO:
   A.  TAKE  ADVERSE ACTION AGAINST A NURSE'S MULTISTATE LICENSURE PRIVI-
 LEGE TO PRACTICE WITHIN THAT PARTY STATE.
   I. ONLY THE HOME STATE SHALL HAVE THE POWER  TO  TAKE  ADVERSE  ACTION
 AGAINST A NURSE'S LICENSE ISSUED BY THE HOME STATE.
   II.  FOR  PURPOSES  OF TAKING ADVERSE ACTION, THE HOME STATE LICENSING
 BOARD SHALL GIVE THE  SAME  PRIORITY  AND  EFFECT  TO  REPORTED  CONDUCT
 RECEIVED  FROM  A  REMOTE STATE AS IT WOULD IF SUCH CONDUCT HAD OCCURRED
 WITHIN THE HOME STATE. IN SO DOING, THE HOME STATE SHALL APPLY  ITS  OWN
 STATE LAWS TO DETERMINE APPROPRIATE ACTION.
   B. ISSUE CEASE AND DESIST ORDERS OR IMPOSE AN ENCUMBRANCE ON A NURSE'S
 AUTHORITY TO PRACTICE WITHIN THAT PARTY STATE.
   C.  COMPLETE ANY PENDING INVESTIGATIONS OF A NURSE WHO CHANGES PRIMARY
 STATE OF RESIDENCE DURING THE COURSE OF SUCH INVESTIGATIONS. THE LICENS-
 ING BOARD SHALL ALSO HAVE THE AUTHORITY TO TAKE  APPROPRIATE  ACTION  OR
 ACTIONS AND SHALL PROMPTLY REPORT THE CONCLUSIONS OF SUCH INVESTIGATIONS
 TO  THE  ADMINISTRATOR  OF THE COORDINATED LICENSURE INFORMATION SYSTEM.
 THE ADMINISTRATOR OF THE COORDINATED LICENSURE INFORMATION SYSTEM  SHALL
 PROMPTLY NOTIFY THE NEW HOME STATE OF ANY SUCH ACTIONS.
   D.  ISSUE  SUBPOENAS FOR BOTH HEARINGS AND INVESTIGATIONS THAT REQUIRE
 THE ATTENDANCE AND TESTIMONY OF WITNESSES, AS WELL AS THE PRODUCTION  OF
 EVIDENCE. SUBPOENAS ISSUED BY A LICENSING BOARD IN A PARTY STATE FOR THE
 ATTENDANCE AND TESTIMONY OF WITNESSES OR THE PRODUCTION OF EVIDENCE FROM
 ANOTHER  PARTY  STATE SHALL BE ENFORCED IN THE LATTER STATE BY ANY COURT
 OF COMPETENT JURISDICTION, ACCORDING TO THE PRACTICE  AND  PROCEDURE  OF
 THAT  COURT APPLICABLE TO SUBPOENAS ISSUED IN PROCEEDINGS PENDING BEFORE
 IT.  THE ISSUING AUTHORITY SHALL PAY ANY WITNESS FEES, TRAVEL  EXPENSES,
 S. 4007--A                         204                        A. 3007--A

 MILEAGE  AND OTHER FEES REQUIRED BY THE SERVICE STATUTES OF THE STATE IN
 WHICH THE WITNESSES OR EVIDENCE ARE LOCATED.
   E.  OBTAIN AND SUBMIT, FOR EACH NURSE LICENSURE APPLICANT, FINGERPRINT
 OR OTHER BIOMETRIC-BASED INFORMATION TO THE FEDERAL BUREAU  OF  INVESTI-
 GATION FOR CRIMINAL BACKGROUND CHECKS, RECEIVE THE RESULTS OF THE FEDER-
 AL  BUREAU  OF INVESTIGATION RECORD SEARCH ON CRIMINAL BACKGROUND CHECKS
 AND USE THE RESULTS IN MAKING LICENSURE DECISIONS.
   F. IF OTHERWISE PERMITTED BY STATE  LAW,  RECOVER  FROM  THE  AFFECTED
 NURSE  THE  COSTS  OF  INVESTIGATIONS AND DISPOSITION OF CASES RESULTING
 FROM ANY ADVERSE ACTION TAKEN AGAINST THAT NURSE.
   G. TAKE ADVERSE ACTION BASED ON THE FACTUAL  FINDINGS  OF  THE  REMOTE
 STATE,  PROVIDED THAT THE LICENSING BOARD FOLLOWS ITS OWN PROCEDURES FOR
 TAKING SUCH ADVERSE ACTION.
   2. ADVERSE ACTIONS. A. IF ADVERSE ACTION IS TAKEN BY  THE  HOME  STATE
 AGAINST  A  NURSE'S MULTISTATE LICENSE, THE NURSE'S MULTISTATE LICENSURE
 PRIVILEGE TO PRACTICE IN ALL OTHER PARTY  STATES  SHALL  BE  DEACTIVATED
 UNTIL  ALL  ENCUMBRANCES  HAVE BEEN REMOVED FROM THE MULTISTATE LICENSE.
 ALL HOME STATE DISCIPLINARY ORDERS THAT IMPOSE ADVERSE ACTION AGAINST  A
 NURSE'S  MULTISTATE  LICENSE  SHALL INCLUDE A STATEMENT THAT THE NURSE'S
 MULTISTATE LICENSURE PRIVILEGE IS DEACTIVATED IN ALL PARTY STATES DURING
 THE PENDENCY OF THE ORDER.
   B. NOTHING IN THIS COMPACT SHALL OVERRIDE  A  PARTY  STATE'S  DECISION
 THAT  PARTICIPATION  IN  AN  ALTERNATIVE  PROGRAM MAY BE USED IN LIEU OF
 ADVERSE ACTION. THE HOME STATE  LICENSING  BOARD  SHALL  DEACTIVATE  THE
 MULTISTATE LICENSURE PRIVILEGE UNDER THE MULTISTATE LICENSE OF ANY NURSE
 FOR THE DURATION OF THE NURSE'S PARTICIPATION IN AN ALTERNATIVE PROGRAM.
   § 8906. COORDINATED  LICENSURE  INFORMATION  SYSTEM  AND  EXCHANGE  OF
 INFORMATION. 1.  COORDINATED LICENSURE INFORMATION SYSTEM  AND  EXCHANGE
 OF  INFORMATION.  A. ALL PARTY STATES SHALL PARTICIPATE IN A COORDINATED
 LICENSURE INFORMATION SYSTEM OF ALL LICENSED REGISTERED NURSES (RNS) AND
 LICENSED  PRACTICAL/VOCATIONAL  NURSES  (LPNS/VNS).  THIS  SYSTEM   WILL
 INCLUDE  INFORMATION  ON  THE LICENSURE AND DISCIPLINARY HISTORY OF EACH
 NURSE, AS SUBMITTED BY PARTY STATES, TO ASSIST IN  THE  COORDINATION  OF
 NURSE LICENSURE AND ENFORCEMENT EFFORTS.
   B. THE COMMISSION, IN CONSULTATION WITH THE ADMINISTRATOR OF THE COOR-
 DINATED  LICENSURE  INFORMATION  SYSTEM,  SHALL  FORMULATE NECESSARY AND
 PROPER PROCEDURES FOR THE IDENTIFICATION,  COLLECTION  AND  EXCHANGE  OF
 INFORMATION UNDER THIS COMPACT.
   C.  ALL  LICENSING  BOARDS  SHALL  PROMPTLY  REPORT TO THE COORDINATED
 LICENSURE INFORMATION SYSTEM ANY ADVERSE ACTION, ANY CURRENT SIGNIFICANT
 INVESTIGATIVE INFORMATION, DENIALS OF APPLICATIONS WITH THE REASONS  FOR
 SUCH  DENIALS  AND  NURSE PARTICIPATION IN ALTERNATIVE PROGRAMS KNOWN TO
 THE LICENSING BOARD REGARDLESS OF WHETHER SUCH PARTICIPATION  IS  DEEMED
 NONPUBLIC OR CONFIDENTIAL UNDER STATE LAW.
   D.  CURRENT SIGNIFICANT INVESTIGATIVE INFORMATION AND PARTICIPATION IN
 NONPUBLIC OR CONFIDENTIAL  ALTERNATIVE  PROGRAMS  SHALL  BE  TRANSMITTED
 THROUGH THE COORDINATED LICENSURE INFORMATION SYSTEM ONLY TO PARTY STATE
 LICENSING BOARDS.
   E. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, ALL PARTY STATE LICENS-
 ING  BOARDS CONTRIBUTING INFORMATION TO THE COORDINATED LICENSURE INFOR-
 MATION SYSTEM MAY DESIGNATE INFORMATION THAT  MAY  NOT  BE  SHARED  WITH
 NON-PARTY  STATES  OR DISCLOSED TO OTHER ENTITIES OR INDIVIDUALS WITHOUT
 THE EXPRESS PERMISSION OF THE CONTRIBUTING STATE.
   F. ANY PERSONALLY IDENTIFIABLE INFORMATION OBTAINED FROM  THE  COORDI-
 NATED  LICENSURE  INFORMATION  SYSTEM  BY  A PARTY STATE LICENSING BOARD
 SHALL NOT BE SHARED WITH NON-PARTY STATES OR DISCLOSED TO OTHER ENTITIES
 S. 4007--A                         205                        A. 3007--A
 
 OR INDIVIDUALS EXCEPT TO THE EXTENT PERMITTED BY THE LAWS OF  THE  PARTY
 STATE CONTRIBUTING THE INFORMATION.
   G.  ANY  INFORMATION CONTRIBUTED TO THE COORDINATED LICENSURE INFORMA-
 TION SYSTEM THAT IS SUBSEQUENTLY REQUIRED TO BE EXPUNGED BY THE LAWS  OF
 THE  PARTY  STATE  CONTRIBUTING  THAT INFORMATION SHALL ALSO BE EXPUNGED
 FROM THE COORDINATED LICENSURE INFORMATION SYSTEM.
   H. THE COMPACT ADMINISTRATOR OF  EACH  PARTY  STATE  SHALL  FURNISH  A
 UNIFORM DATA SET TO THE COMPACT ADMINISTRATOR OF EACH OTHER PARTY STATE,
 WHICH SHALL INCLUDE, AT A MINIMUM:
   I. IDENTIFYING INFORMATION;
   II. LICENSURE DATA;
   III. INFORMATION RELATED TO ALTERNATIVE PROGRAM PARTICIPATION; AND
   IV.  OTHER  INFORMATION THAT MAY FACILITATE THE ADMINISTRATION OF THIS
 COMPACT, AS DETERMINED BY COMMISSION RULES.
   I. THE COMPACT ADMINISTRATOR OF A PARTY STATE SHALL PROVIDE ALL INVES-
 TIGATIVE DOCUMENTS AND INFORMATION REQUESTED BY ANOTHER PARTY STATE.
   § 8907. ESTABLISHMENT OF THE INTERSTATE COMMISSION OF NURSE  LICENSURE
 COMPACT ADMINISTRATORS.  1. COMMISSION OF NURSE LICENSURE COMPACT ADMIN-
 ISTRATORS.  THE  PARTY STATES HEREBY CREATE AND ESTABLISH A JOINT PUBLIC
 ENTITY KNOWN AS THE INTERSTATE COMMISSION  OF  NURSE  LICENSURE  COMPACT
 ADMINISTRATORS.  THE  COMMISSION  IS  AN  INSTRUMENTALITY  OF  THE PARTY
 STATES.
   2. VENUE. VENUE IS PROPER, AND JUDICIAL PROCEEDINGS BY OR AGAINST  THE
 COMMISSION SHALL BE BROUGHT SOLELY AND EXCLUSIVELY, IN A COURT OF COMPE-
 TENT  JURISDICTION  WHERE  THE  PRINCIPAL  OFFICE  OF  THE COMMISSION IS
 LOCATED. THE COMMISSION MAY WAIVE VENUE AND JURISDICTIONAL  DEFENSES  TO
 THE  EXTENT  IT ADOPTS OR CONSENTS TO PARTICIPATE IN ALTERNATIVE DISPUTE
 RESOLUTION PROCEEDINGS.
   3. SOVEREIGN IMMUNITY. NOTHING IN THIS COMPACT SHALL BE  CONSTRUED  TO
 BE A WAIVER OF SOVEREIGN IMMUNITY.
   4. MEMBERSHIP, VOTING AND MEETINGS. A. EACH PARTY STATE SHALL HAVE AND
 BE  LIMITED  TO ONE ADMINISTRATOR. THE HEAD OF THE STATE LICENSING BOARD
 OR DESIGNEE SHALL BE THE ADMINISTRATOR OF THIS COMPACT  FOR  EACH  PARTY
 STATE.    ANY  ADMINISTRATOR  MAY BE REMOVED OR SUSPENDED FROM OFFICE AS
 PROVIDED BY THE LAW  OF  THE  STATE  FROM  WHICH  THE  ADMINISTRATOR  IS
 APPOINTED.  ANY  VACANCY  OCCURRING IN THE COMMISSION SHALL BE FILLED IN
 ACCORDANCE WITH THE LAWS OF THE PARTY STATE IN WHICH THE VACANCY EXISTS.
   B. EACH ADMINISTRATOR SHALL BE ENTITLED TO ONE VOTE WITH REGARD TO THE
 PROMULGATION OF RULES AND CREATION OF BYLAWS AND SHALL OTHERWISE HAVE AN
 OPPORTUNITY TO PARTICIPATE IN THE BUSINESS AND AFFAIRS  OF  THE  COMMIS-
 SION.    AN ADMINISTRATOR SHALL VOTE IN PERSON OR BY SUCH OTHER MEANS AS
 PROVIDED IN THE BYLAWS. THE BYLAWS MAY PROVIDE  FOR  AN  ADMINISTRATOR'S
 PARTICIPATION IN MEETINGS BY TELEPHONE OR OTHER MEANS OF COMMUNICATION.
   C.  THE COMMISSION SHALL MEET AT LEAST ONCE DURING EACH CALENDAR YEAR.
 ADDITIONAL MEETINGS SHALL BE HELD AS SET FORTH IN THE BYLAWS OR RULES OF
 THE COMMISSION.
   D. ALL MEETINGS SHALL BE OPEN TO THE  PUBLIC,  AND  PUBLIC  NOTICE  OF
 MEETINGS  SHALL  BE GIVEN IN THE SAME MANNER AS REQUIRED UNDER THE RULE-
 MAKING PROVISIONS IN SECTION EIGHTY-NINE HUNDRED THREE OF THIS ARTICLE.
   5. CLOSED MEETINGS. A. THE COMMISSION MAY CONVENE IN A CLOSED, NONPUB-
 LIC MEETING IF THE COMMISSION SHALL DISCUSS:
   I. NONCOMPLIANCE OF A PARTY STATE  WITH  ITS  OBLIGATIONS  UNDER  THIS
 COMPACT;
   II.  THE  EMPLOYMENT,  COMPENSATION,  DISCIPLINE  OR  OTHER  PERSONNEL
 MATTERS, PRACTICES OR PROCEDURES RELATED TO SPECIFIC EMPLOYEES OR  OTHER
 S. 4007--A                         206                        A. 3007--A
 
 MATTERS  RELATED  TO  THE  COMMISSION'S INTERNAL PERSONNEL PRACTICES AND
 PROCEDURES;
   III. CURRENT, THREATENED OR REASONABLY ANTICIPATED LITIGATION;
   IV.  NEGOTIATION  OF  CONTRACTS  FOR  THE  PURCHASE  OR SALE OF GOODS,
 SERVICES OR REAL ESTATE;
   V. ACCUSING ANY PERSON OF A CRIME OR FORMALLY CENSURING ANY PERSON;
   VI. DISCLOSURE OF TRADE SECRETS OR COMMERCIAL OR FINANCIAL INFORMATION
 THAT IS PRIVILEGED OR CONFIDENTIAL;
   VII. DISCLOSURE OF INFORMATION OF A PERSONAL NATURE  WHERE  DISCLOSURE
 WOULD CONSTITUTE A CLEARLY UNWARRANTED INVASION OF PERSONAL PRIVACY;
   VIII. DISCLOSURE OF INVESTIGATORY RECORDS COMPILED FOR LAW ENFORCEMENT
 PURPOSES;
   IX. DISCLOSURE OF INFORMATION RELATED TO ANY REPORTS PREPARED BY OR ON
 BEHALF  OF THE COMMISSION FOR THE PURPOSE OF INVESTIGATION OF COMPLIANCE
 WITH THIS COMPACT; OR
   X. MATTERS SPECIFICALLY EXEMPTED FROM DISCLOSURE BY FEDERAL  OR  STATE
 STATUTE.
   B.  IF  A MEETING, OR PORTION OF A MEETING, IS CLOSED PURSUANT TO THIS
 PARAGRAPH THE COMMISSION'S LEGAL COUNSEL OR DESIGNEE SHALL CERTIFY  THAT
 THE  MEETING  MAY  BE CLOSED AND SHALL REFERENCE EACH RELEVANT EXEMPTING
 PROVISION. THE COMMISSION SHALL KEEP  MINUTES  THAT  FULLY  AND  CLEARLY
 DESCRIBE ALL MATTERS DISCUSSED IN A MEETING AND SHALL PROVIDE A FULL AND
 ACCURATE SUMMARY OF ACTIONS TAKEN, AND THE REASONS THEREFOR, INCLUDING A
 DESCRIPTION   OF  THE  VIEWS  EXPRESSED.  ALL  DOCUMENTS  CONSIDERED  IN
 CONNECTION WITH AN ACTION SHALL  BE  IDENTIFIED  IN  SUCH  MINUTES.  ALL
 MINUTES  AND  DOCUMENTS  OF  A  CLOSED  MEETING SHALL REMAIN UNDER SEAL,
 SUBJECT TO RELEASE BY A MAJORITY VOTE OF THE COMMISSION OR  ORDER  OF  A
 COURT OF COMPETENT JURISDICTION.
   C.  THE  COMMISSION  SHALL,  BY A MAJORITY VOTE OF THE ADMINISTRATORS,
 PRESCRIBE BYLAWS OR RULES TO GOVERN ITS CONDUCT AS MAY BE  NECESSARY  OR
 APPROPRIATE  TO  CARRY  OUT THE PURPOSES AND EXERCISE THE POWERS OF THIS
 COMPACT, INCLUDING BUT NOT LIMITED TO:
   I. ESTABLISHING THE FISCAL YEAR OF THE COMMISSION;
   II. PROVIDING REASONABLE STANDARDS AND PROCEDURES:
   (1) FOR THE ESTABLISHMENT AND MEETINGS OF OTHER COMMITTEES; AND
   (2) GOVERNING ANY GENERAL OR SPECIFIC DELEGATION OF ANY  AUTHORITY  OR
 FUNCTION OF THE COMMISSION;
   III.  PROVIDING REASONABLE PROCEDURES FOR CALLING AND CONDUCTING MEET-
 INGS OF THE COMMISSION, ENSURING REASONABLE ADVANCE NOTICE OF ALL  MEET-
 INGS  AND  PROVIDING  AN  OPPORTUNITY FOR ATTENDANCE OF SUCH MEETINGS BY
 INTERESTED PARTIES, WITH ENUMERATED EXCEPTIONS DESIGNED TO  PROTECT  THE
 PUBLIC'S  INTEREST, THE PRIVACY OF INDIVIDUALS, AND PROPRIETARY INFORMA-
 TION, INCLUDING TRADE SECRETS. THE COMMISSION MAY MEET IN CLOSED SESSION
 ONLY AFTER A MAJORITY OF THE ADMINISTRATORS VOTE TO CLOSE A  MEETING  IN
 WHOLE  OR  IN  PART.  AS  SOON  AS PRACTICABLE, THE COMMISSION MUST MAKE
 PUBLIC A COPY OF THE VOTE TO CLOSE THE MEETING  REVEALING  THE  VOTE  OF
 EACH ADMINISTRATOR, WITH NO PROXY VOTES ALLOWED;
   IV.  ESTABLISHING  THE  TITLES,  DUTIES  AND  AUTHORITY AND REASONABLE
 PROCEDURES FOR THE ELECTION OF THE OFFICERS OF THE COMMISSION;
   V. PROVIDING REASONABLE STANDARDS AND PROCEDURES FOR THE ESTABLISHMENT
 OF THE PERSONNEL POLICIES AND PROGRAMS OF THE COMMISSION.  NOTWITHSTAND-
 ING  ANY  CIVIL  SERVICE  OR  OTHER SIMILAR LAWS OF ANY PARTY STATE, THE
 BYLAWS SHALL EXCLUSIVELY GOVERN THE PERSONNEL POLICIES AND  PROGRAMS  OF
 THE COMMISSION; AND
   VI. PROVIDING A MECHANISM FOR WINDING UP THE OPERATIONS OF THE COMMIS-
 SION  AND  THE EQUITABLE DISPOSITION OF ANY SURPLUS FUNDS THAT MAY EXIST
 S. 4007--A                         207                        A. 3007--A
 
 AFTER THE TERMINATION OF THIS COMPACT AFTER THE PAYMENT OR RESERVING  OF
 ALL OF ITS DEBTS AND OBLIGATIONS.
   6.  GENERAL PROVISIONS. A. THE COMMISSION SHALL PUBLISH ITS BYLAWS AND
 RULES, AND ANY AMENDMENTS THERETO, IN A CONVENIENT FORM ON  THE  WEBSITE
 OF THE COMMISSION.
   B.  THE  COMMISSION SHALL MAINTAIN ITS FINANCIAL RECORDS IN ACCORDANCE
 WITH THE BYLAWS.
   C. THE COMMISSION SHALL MEET AND TAKE SUCH ACTIONS AS  ARE  CONSISTENT
 WITH THE PROVISIONS OF THIS COMPACT AND THE BYLAWS.
    7.  POWERS OF THE COMMISSION. THE COMMISSION SHALL HAVE THE FOLLOWING
 POWERS:
   A. TO PROMULGATE UNIFORM RULES TO FACILITATE AND COORDINATE  IMPLEMEN-
 TATION  AND  ADMINISTRATION  OF  THIS  COMPACT. THE RULES SHALL HAVE THE
 FORCE AND EFFECT OF LAW AND SHALL BE BINDING IN ALL PARTY STATES;
   B. TO BRING AND PROSECUTE LEGAL PROCEEDINGS OR ACTIONS IN THE NAME  OF
 THE COMMISSION, PROVIDED THAT THE STANDING OF ANY LICENSING BOARD TO SUE
 OR BE SUED UNDER APPLICABLE LAW SHALL NOT BE AFFECTED;
   C. TO PURCHASE AND MAINTAIN INSURANCE AND BONDS;
   D. TO BORROW, ACCEPT OR CONTRACT FOR SERVICES OF PERSONNEL, INCLUDING,
 BUT  NOT  LIMITED  TO, EMPLOYEES OF A PARTY STATE OR NONPROFIT ORGANIZA-
 TIONS;
   E.  TO  COOPERATE  WITH  OTHER  ORGANIZATIONS  THAT  ADMINISTER  STATE
 COMPACTS RELATED TO THE REGULATION OF NURSING, INCLUDING BUT NOT LIMITED
 TO  SHARING  ADMINISTRATIVE  OR  STAFF  EXPENSES,  OFFICE SPACE OR OTHER
 RESOURCES;
   F. TO HIRE EMPLOYEES, ELECT OR  APPOINT  OFFICERS,  FIX  COMPENSATION,
 DEFINE DUTIES, GRANT SUCH INDIVIDUALS APPROPRIATE AUTHORITY TO CARRY OUT
 THE  PURPOSES OF THIS COMPACT, AND TO ESTABLISH THE COMMISSION'S PERSON-
 NEL POLICIES AND PROGRAMS RELATING TO CONFLICTS OF INTEREST,  QUALIFICA-
 TIONS OF PERSONNEL AND OTHER RELATED PERSONNEL MATTERS;
   G.  TO  ACCEPT  ANY AND ALL APPROPRIATE DONATIONS, GRANTS AND GIFTS OF
 MONEY, EQUIPMENT, SUPPLIES, MATERIALS  AND  SERVICES,  AND  TO  RECEIVE,
 UTILIZE  AND DISPOSE OF THE SAME; PROVIDED THAT AT ALL TIMES THE COMMIS-
 SION SHALL AVOID ANY APPEARANCE OF IMPROPRIETY OR CONFLICT OF INTEREST;
   H. TO LEASE, PURCHASE, ACCEPT APPROPRIATE GIFTS OR  DONATIONS  OF,  OR
 OTHERWISE  TO  OWN,  HOLD,  IMPROVE  OR USE, ANY PROPERTY, WHETHER REAL,
 PERSONAL OR MIXED; PROVIDED THAT AT ALL TIMES THE COMMISSION SHALL AVOID
 ANY APPEARANCE OF IMPROPRIETY;
   I. TO SELL, CONVEY, MORTGAGE,  PLEDGE,  LEASE,  EXCHANGE,  ABANDON  OR
 OTHERWISE DISPOSE OF ANY PROPERTY, WHETHER REAL, PERSONAL OR MIXED;
   J. TO ESTABLISH A BUDGET AND MAKE EXPENDITURES;
   K. TO BORROW MONEY;
   L.  TO  APPOINT COMMITTEES, INCLUDING ADVISORY COMMITTEES COMPRISED OF
 ADMINISTRATORS, STATE NURSING REGULATORS,  STATE  LEGISLATORS  OR  THEIR
 REPRESENTATIVES, AND CONSUMER REPRESENTATIVES, AND OTHER SUCH INTERESTED
 PERSONS;
   M. TO PROVIDE AND RECEIVE INFORMATION FROM, AND TO COOPERATE WITH, LAW
 ENFORCEMENT AGENCIES;
   N. TO ADOPT AND USE AN OFFICIAL SEAL; AND
   O.  TO PERFORM SUCH OTHER FUNCTIONS AS MAY BE NECESSARY OR APPROPRIATE
 TO ACHIEVE THE PURPOSES OF THIS COMPACT CONSISTENT WITH THE STATE  REGU-
 LATION OF NURSE LICENSURE AND PRACTICE.
   8.  FINANCING  OF  THE  COMMISSION.  A.  THE  COMMISSION SHALL PAY, OR
 PROVIDE FOR THE PAYMENT OF, THE REASONABLE EXPENSES  OF  ITS  ESTABLISH-
 MENT, ORGANIZATION AND ONGOING ACTIVITIES.
 S. 4007--A                         208                        A. 3007--A
 
   B.  THE  COMMISSION  MAY ALSO LEVY ON AND COLLECT AN ANNUAL ASSESSMENT
 FROM EACH PARTY STATE TO COVER THE COST OF  ITS  OPERATIONS,  ACTIVITIES
 AND  STAFF  IN  ITS  ANNUAL  BUDGET AS APPROVED EACH YEAR. THE AGGREGATE
 ANNUAL ASSESSMENT AMOUNT, IF ANY, SHALL BE ALLOCATED BASED UPON A FORMU-
 LA  TO  BE  DETERMINED  BY THE COMMISSION, WHICH SHALL PROMULGATE A RULE
 THAT IS BINDING UPON ALL PARTY STATES.
   C. THE COMMISSION SHALL NOT INCUR OBLIGATIONS OF  ANY  KIND  PRIOR  TO
 SECURING  THE  FUNDS ADEQUATE TO MEET THE SAME; NOR SHALL THE COMMISSION
 PLEDGE THE CREDIT OF ANY OF THE PARTY STATES, EXCEPT BY,  AND  WITH  THE
 AUTHORITY OF, SUCH PARTY STATE.
   D.  THE  COMMISSION  SHALL  KEEP ACCURATE ACCOUNTS OF ALL RECEIPTS AND
 DISBURSEMENTS. THE RECEIPTS AND DISBURSEMENTS OF THE COMMISSION SHALL BE
 SUBJECT TO THE AUDIT AND ACCOUNTING  PROCEDURES  ESTABLISHED  UNDER  ITS
 BYLAWS.  HOWEVER, ALL RECEIPTS AND DISBURSEMENTS OF FUNDS HANDLED BY THE
 COMMISSION SHALL BE AUDITED YEARLY BY A  CERTIFIED  OR  LICENSED  PUBLIC
 ACCOUNTANT,  AND THE REPORT OF THE AUDIT SHALL BE INCLUDED IN AND BECOME
 PART OF THE ANNUAL REPORT OF THE COMMISSION.
   9. QUALIFIED IMMUNITY, DEFENSE AND INDEMNIFICATION. A. THE ADMINISTRA-
 TORS, OFFICERS, EXECUTIVE DIRECTOR, EMPLOYEES AND REPRESENTATIVES OF THE
 COMMISSION SHALL BE IMMUNE FROM SUIT AND LIABILITY, EITHER PERSONALLY OR
 IN THEIR OFFICIAL CAPACITY, FOR ANY CLAIM FOR DAMAGE TO OR LOSS OF PROP-
 ERTY OR PERSONAL INJURY OR OTHER CIVIL LIABILITY CAUSED  BY  OR  ARISING
 OUT  OF  ANY  ACTUAL OR ALLEGED ACT, ERROR OR OMISSION THAT OCCURRED, OR
 THAT THE PERSON AGAINST WHOM THE CLAIM IS MADE HAD  A  REASONABLE  BASIS
 FOR BELIEVING OCCURRED, WITHIN THE SCOPE OF THE COMMISSION'S EMPLOYMENT,
 DUTIES  OR  RESPONSIBILITIES;  PROVIDED  THAT  NOTHING IN THIS PARAGRAPH
 SHALL BE CONSTRUED TO PROTECT ANY SUCH PERSON FROM SUIT OR LIABILITY FOR
 ANY DAMAGE, LOSS, INJURY OR LIABILITY CAUSED BY THE INTENTIONAL, WILLFUL
 OR WANTON MISCONDUCT OF THAT PERSON.
   B. THE COMMISSION SHALL DEFEND ANY ADMINISTRATOR,  OFFICER,  EXECUTIVE
 DIRECTOR,  EMPLOYEE  OR  REPRESENTATIVE  OF  THE COMMISSION IN ANY CIVIL
 ACTION SEEKING TO IMPOSE LIABILITY ARISING OUT OF ANY ACTUAL OR  ALLEGED
 ACT,  ERROR  OR  OMISSION  THAT OCCURRED WITHIN THE SCOPE OF THE COMMIS-
 SION'S EMPLOYMENT,  DUTIES  OR  RESPONSIBILITIES,  OR  THAT  THE  PERSON
 AGAINST  WHOM  THE  CLAIM  IS  MADE HAD A REASONABLE BASIS FOR BELIEVING
 OCCURRED WITHIN THE SCOPE OF  THE  COMMISSION'S  EMPLOYMENT,  DUTIES  OR
 RESPONSIBILITIES;  PROVIDED  THAT  NOTHING  HEREIN SHALL BE CONSTRUED TO
 PROHIBIT THAT PERSON FROM RETAINING HIS OR HER OWN COUNSEL; AND PROVIDED
 FURTHER THAT THE ACTUAL OR ALLEGED ACT, ERROR OR OMISSION DID NOT RESULT
 FROM THAT PERSON'S INTENTIONAL, WILLFUL OR WANTON MISCONDUCT.
   C. THE COMMISSION SHALL INDEMNIFY AND HOLD HARMLESS ANY ADMINISTRATOR,
 OFFICER, EXECUTIVE DIRECTOR, EMPLOYEE OR REPRESENTATIVE OF  THE  COMMIS-
 SION  FOR THE AMOUNT OF ANY SETTLEMENT OR JUDGMENT OBTAINED AGAINST THAT
 PERSON ARISING OUT OF ANY ACTUAL OR ALLEGED ACT, ERROR OR OMISSION  THAT
 OCCURRED  WITHIN  THE  SCOPE  OF  THE COMMISSION'S EMPLOYMENT, DUTIES OR
 RESPONSIBILITIES, OR THAT SUCH PERSON HAD A REASONABLE BASIS FOR BELIEV-
 ING OCCURRED WITHIN THE SCOPE OF THE COMMISSION'S EMPLOYMENT, DUTIES  OR
 RESPONSIBILITIES,  PROVIDED  THAT  THE  ACTUAL  OR ALLEGED ACT, ERROR OR
 OMISSION DID NOT RESULT FROM THE INTENTIONAL, WILLFUL OR WANTON  MISCON-
 DUCT OF THAT PERSON.
   § 8908. RULEMAKING. 1.  RULEMAKING.  A.  THE COMMISSION SHALL EXERCISE
 ITS RULEMAKING POWERS PURSUANT TO THE CRITERIA SET FORTH IN THIS ARTICLE
 AND THE RULES ADOPTED THEREUNDER.  RULES  AND  AMENDMENTS  SHALL  BECOME
 BINDING  AS  OF  THE  DATE SPECIFIED IN EACH RULE OR AMENDMENT AND SHALL
 HAVE THE SAME FORCE AND EFFECT AS PROVISIONS OF THIS COMPACT.
 S. 4007--A                         209                        A. 3007--A
 
   B. RULES OR AMENDMENTS TO THE RULES SHALL BE ADOPTED AT A  REGULAR  OR
 SPECIAL MEETING OF THE COMMISSION.
   2.  NOTICE.  A.  PRIOR TO PROMULGATION AND ADOPTION OF A FINAL RULE OR
 RULES BY THE COMMISSION, AND AT LEAST SIXTY DAYS IN ADVANCE OF THE MEET-
 ING AT WHICH THE RULE WILL BE CONSIDERED AND VOTED UPON, THE  COMMISSION
 SHALL FILE A NOTICE OF PROPOSED RULEMAKING:
   I. ON THE WEBSITE OF THE COMMISSION; AND
   II. ON THE WEBSITE OF EACH LICENSING BOARD OR THE PUBLICATION IN WHICH
 EACH STATE WOULD OTHERWISE PUBLISH PROPOSED RULES.
   B. THE NOTICE OF PROPOSED RULEMAKING SHALL INCLUDE:
   I.  THE  PROPOSED  TIME, DATE AND LOCATION OF THE MEETING IN WHICH THE
 RULE WILL BE CONSIDERED AND VOTED UPON;
   II. THE TEXT OF THE PROPOSED RULE OR AMENDMENT, AND THE REASON FOR THE
 PROPOSED RULE;
   III. A REQUEST FOR COMMENTS ON THE PROPOSED RULE FROM  ANY  INTERESTED
 PERSON; AND
   IV.  THE  MANNER  IN WHICH INTERESTED PERSONS MAY SUBMIT NOTICE TO THE
 COMMISSION OF THEIR INTENTION TO ATTEND THE PUBLIC HEARING AND ANY WRIT-
 TEN COMMENTS.
   C. PRIOR TO ADOPTION OF A PROPOSED RULE, THE  COMMISSION  SHALL  ALLOW
 PERSONS  TO  SUBMIT  WRITTEN  DATA, FACTS, OPINIONS AND ARGUMENTS, WHICH
 SHALL BE MADE AVAILABLE TO THE PUBLIC.
   3. PUBLIC HEARINGS ON RULES. A. THE COMMISSION SHALL GRANT AN OPPORTU-
 NITY FOR A PUBLIC HEARING BEFORE IT ADOPTS A RULE OR AMENDMENT.
   B. THE COMMISSION SHALL PUBLISH THE PLACE, TIME AND DATE OF THE SCHED-
 ULED PUBLIC HEARING.
   I. HEARINGS SHALL BE CONDUCTED IN A MANNER PROVIDING EACH  PERSON  WHO
 WISHES TO COMMENT A FAIR AND REASONABLE OPPORTUNITY TO COMMENT ORALLY OR
 IN  WRITING.  ALL  HEARINGS  WILL  BE  RECORDED, AND A COPY WILL BE MADE
 AVAILABLE UPON REQUEST.
   II. NOTHING IN THIS SECTION SHALL BE CONSTRUED AS REQUIRING A SEPARATE
 HEARING ON EACH RULE. RULES MAY BE GROUPED FOR THE  CONVENIENCE  OF  THE
 COMMISSION AT HEARINGS REQUIRED BY THIS SECTION.
   C. IF NO ONE APPEARS AT THE PUBLIC HEARING, THE COMMISSION MAY PROCEED
 WITH PROMULGATION OF THE PROPOSED RULE.
   D.  FOLLOWING  THE SCHEDULED HEARING DATE, OR BY THE CLOSE OF BUSINESS
 ON THE SCHEDULED HEARING DATE IF THE HEARING WAS NOT HELD,  THE  COMMIS-
 SION SHALL CONSIDER ALL WRITTEN AND ORAL COMMENTS RECEIVED.
   4.  VOTING  ON  RULES.  THE  COMMISSION SHALL, BY MAJORITY VOTE OF ALL
 ADMINISTRATORS, TAKE FINAL ACTION ON THE PROPOSED RULE AND SHALL  DETER-
 MINE  THE  EFFECTIVE  DATE  OF THE RULE, IF ANY, BASED ON THE RULEMAKING
 RECORD AND THE FULL TEXT OF THE RULE.
   5. EMERGENCY RULES. UPON DETERMINATION THAT AN EMERGENCY  EXISTS,  THE
 COMMISSION  MAY  CONSIDER  AND  ADOPT  AN  EMERGENCY  RULE WITHOUT PRIOR
 NOTICE, OPPORTUNITY FOR COMMENT OR  HEARING,  PROVIDED  THAT  THE  USUAL
 RULEMAKING PROCEDURES PROVIDED IN THIS COMPACT AND IN THIS SECTION SHALL
 BE  RETROACTIVELY APPLIED TO THE RULE AS SOON AS REASONABLY POSSIBLE, IN
 NO EVENT LATER THAN NINETY DAYS AFTER THE EFFECTIVE DATE  OF  THE  RULE.
 FOR  THE  PURPOSES OF THIS PROVISION, AN EMERGENCY RULE IS ONE THAT MUST
 BE ADOPTED IMMEDIATELY IN ORDER TO:
   A. MEET AN IMMINENT THREAT TO PUBLIC HEALTH, SAFETY OR WELFARE;
   B. PREVENT A LOSS OF THE COMMISSION OR PARTY STATE FUNDS; OR
   C. MEET A DEADLINE FOR THE PROMULGATION OF AN ADMINISTRATIVE RULE THAT
 IS REQUIRED BY FEDERAL LAW OR RULE.
   6. REVISIONS. THE COMMISSION MAY  DIRECT  REVISIONS  TO  A  PREVIOUSLY
 ADOPTED  RULE  OR  AMENDMENT  FOR  PURPOSES  OF CORRECTING TYPOGRAPHICAL
 S. 4007--A                         210                        A. 3007--A
 
 ERRORS, ERRORS IN FORMAT, ERRORS IN CONSISTENCY OR  GRAMMATICAL  ERRORS.
 PUBLIC  NOTICE  OF  ANY  REVISIONS SHALL BE POSTED ON THE WEBSITE OF THE
 COMMISSION. THE REVISION SHALL BE SUBJECT TO CHALLENGE BY ANY PERSON FOR
 A  PERIOD  OF  THIRTY DAYS AFTER POSTING. THE REVISION MAY BE CHALLENGED
 ONLY ON GROUNDS THAT THE REVISION RESULTS IN  A  MATERIAL  CHANGE  TO  A
 RULE.    A  CHALLENGE  SHALL  BE  MADE  IN WRITING, AND DELIVERED TO THE
 COMMISSION, PRIOR TO THE END OF THE NOTICE PERIOD. IF  NO  CHALLENGE  IS
 MADE,  THE  REVISION  WILL  TAKE  EFFECT  WITHOUT FURTHER ACTION. IF THE
 REVISION IS CHALLENGED, THE REVISION MAY NOT  TAKE  EFFECT  WITHOUT  THE
 APPROVAL OF THE COMMISSION.
   § 8909. OVERSIGHT,  DISPUTE  RESOLUTION AND ENFORCEMENT. 1. OVERSIGHT.
 A. EACH PARTY STATE SHALL ENFORCE THIS  COMPACT  AND  TAKE  ALL  ACTIONS
 NECESSARY  AND  APPROPRIATE  TO  EFFECTUATE  THIS COMPACT'S PURPOSES AND
 INTENT.
   B. THE COMMISSION SHALL BE ENTITLED TO RECEIVE SERVICE OF  PROCESS  IN
 ANY  PROCEEDING  THAT MAY AFFECT THE POWERS, RESPONSIBILITIES OR ACTIONS
 OF THE COMMISSION, AND SHALL  HAVE  STANDING  TO  INTERVENE  IN  SUCH  A
 PROCEEDING  FOR  ALL  PURPOSES. FAILURE TO PROVIDE SERVICE OF PROCESS IN
 SUCH PROCEEDING TO THE COMMISSION SHALL RENDER A JUDGMENT OR ORDER  VOID
 AS TO THE COMMISSION, THIS COMPACT OR PROMULGATED RULES.
   2. DEFAULT, TECHNICAL ASSISTANCE AND TERMINATION. A. IF THE COMMISSION
 DETERMINES  THAT  A  PARTY STATE HAS DEFAULTED IN THE PERFORMANCE OF ITS
 OBLIGATIONS OR RESPONSIBILITIES UNDER THIS COMPACT  OR  THE  PROMULGATED
 RULES, THE COMMISSION SHALL:
   I.  PROVIDE  WRITTEN  NOTICE  TO  THE DEFAULTING STATE AND OTHER PARTY
 STATES OF THE NATURE OF THE DEFAULT, THE PROPOSED MEANS  OF  CURING  THE
 DEFAULT OR ANY OTHER ACTION TO BE TAKEN BY THE COMMISSION; AND
   II.  PROVIDE  REMEDIAL  TRAINING  AND  SPECIFIC  TECHNICAL  ASSISTANCE
 REGARDING THE DEFAULT.
   B. IF A STATE IN DEFAULT FAILS TO CURE  THE  DEFAULT,  THE  DEFAULTING
 STATE'S MEMBERSHIP IN THIS COMPACT MAY BE TERMINATED UPON AN AFFIRMATIVE
 VOTE OF A MAJORITY OF THE ADMINISTRATORS, AND ALL RIGHTS, PRIVILEGES AND
 BENEFITS  CONFERRED  BY  THIS COMPACT MAY BE TERMINATED ON THE EFFECTIVE
 DATE OF TERMINATION. A CURE OF THE DEFAULT DOES NOT RELIEVE THE  OFFEND-
 ING  STATE  OF  OBLIGATIONS OR LIABILITIES INCURRED DURING THE PERIOD OF
 DEFAULT.
   C. TERMINATION OF MEMBERSHIP IN THIS COMPACT  SHALL  BE  IMPOSED  ONLY
 AFTER ALL OTHER MEANS OF SECURING COMPLIANCE HAVE BEEN EXHAUSTED. NOTICE
 OF  INTENT  TO  SUSPEND OR TERMINATE SHALL BE GIVEN BY THE COMMISSION TO
 THE GOVERNOR OF THE DEFAULTING STATE AND TO THE EXECUTIVE OFFICER OF THE
 DEFAULTING STATE'S LICENSING BOARD AND EACH OF THE PARTY STATES.
   D. A STATE WHOSE MEMBERSHIP IN THIS COMPACT  HAS  BEEN  TERMINATED  IS
 RESPONSIBLE  FOR  ALL  ASSESSMENTS, OBLIGATIONS AND LIABILITIES INCURRED
 THROUGH THE EFFECTIVE DATE OF TERMINATION,  INCLUDING  OBLIGATIONS  THAT
 EXTEND BEYOND THE EFFECTIVE DATE OF TERMINATION.
   E.  THE COMMISSION SHALL NOT BEAR ANY COSTS RELATED TO A STATE THAT IS
 FOUND TO BE IN DEFAULT OR WHOSE MEMBERSHIP  IN  THIS  COMPACT  HAS  BEEN
 TERMINATED  UNLESS AGREED UPON IN WRITING BETWEEN THE COMMISSION AND THE
 DEFAULTING STATE.
   F. THE DEFAULTING STATE MAY APPEAL THE ACTION  OF  THE  COMMISSION  BY
 PETITIONING  THE U.S. DISTRICT COURT FOR THE DISTRICT OF COLUMBIA OR THE
 FEDERAL DISTRICT IN WHICH THE COMMISSION HAS ITS PRINCIPAL OFFICES.  THE
 PREVAILING  PARTY SHALL BE AWARDED ALL COSTS OF SUCH LITIGATION, INCLUD-
 ING REASONABLE ATTORNEYS' FEES.
 S. 4007--A                         211                        A. 3007--A
 
   3. DISPUTE RESOLUTION. A. UPON REQUEST BY A PARTY STATE,  THE  COMMIS-
 SION SHALL ATTEMPT TO RESOLVE DISPUTES RELATED TO THE COMPACT THAT ARISE
 AMONG PARTY STATES AND BETWEEN PARTY AND NON-PARTY STATES.
   B. THE COMMISSION SHALL PROMULGATE A RULE PROVIDING FOR BOTH MEDIATION
 AND BINDING DISPUTE RESOLUTION FOR DISPUTES, AS APPROPRIATE.
   C.  IN  THE  EVENT  THE COMMISSION CANNOT RESOLVE DISPUTES AMONG PARTY
 STATES ARISING UNDER THIS COMPACT:
   I. THE PARTY STATES MAY SUBMIT THE ISSUES IN DISPUTE TO AN ARBITRATION
 PANEL, WHICH WILL BE COMPRISED OF INDIVIDUALS APPOINTED BY  THE  COMPACT
 ADMINISTRATOR  IN  EACH  OF THE AFFECTED PARTY STATES, AND AN INDIVIDUAL
 MUTUALLY AGREED UPON BY THE COMPACT  ADMINISTRATORS  OF  ALL  THE  PARTY
 STATES INVOLVED IN THE DISPUTE.
   II.  THE  DECISION OF A MAJORITY OF THE ARBITRATORS SHALL BE FINAL AND
 BINDING.
   4. ENFORCEMENT. A. THE COMMISSION, IN THE REASONABLE EXERCISE  OF  ITS
 DISCRETION, SHALL ENFORCE THE PROVISIONS AND RULES OF THIS COMPACT.
   B.  BY  MAJORITY VOTE, THE COMMISSION MAY INITIATE LEGAL ACTION IN THE
 U.S.   DISTRICT COURT FOR  THE  DISTRICT  OF  COLUMBIA  OR  THE  FEDERAL
 DISTRICT  IN  WHICH  THE  COMMISSION HAS ITS PRINCIPAL OFFICES AGAINST A
 PARTY STATE THAT IS IN DEFAULT TO ENFORCE COMPLIANCE WITH THE PROVISIONS
 OF THIS COMPACT AND ITS PROMULGATED RULES AND BYLAWS. THE RELIEF  SOUGHT
 MAY  INCLUDE  BOTH  INJUNCTIVE RELIEF AND DAMAGES. IN THE EVENT JUDICIAL
 ENFORCEMENT IS NECESSARY, THE PREVAILING  PARTY  SHALL  BE  AWARDED  ALL
 COSTS OF SUCH LITIGATION, INCLUDING REASONABLE ATTORNEYS' FEES.
   C.  THE  REMEDIES  HEREIN  SHALL  NOT BE THE EXCLUSIVE REMEDIES OF THE
 COMMISSION. THE COMMISSION MAY PURSUE ANY OTHER REMEDIES AVAILABLE UNDER
 FEDERAL OR STATE LAW.
   § 8910. EFFECTIVE DATE, WITHDRAWAL AND AMENDMENT. 1.  EFFECTIVE  DATE.
 A.    THIS  COMPACT SHALL BECOME EFFECTIVE AND BINDING ON THE EARLIER OF
 THE DATE OF LEGISLATIVE ENACTMENT OF THIS COMPACT INTO LAW  BY  NO  LESS
 THAN  TWENTY-SIX STATES OR THE EFFECTIVE DATE OF THE CHAPTER OF THE LAWS
 OF TWO THOUSAND TWENTY-THREE THAT ENACTED THIS COMPACT.  THEREAFTER, THE
 COMPACT SHALL BECOME EFFECTIVE AND BINDING AS TO  ANY  OTHER  COMPACTING
 STATE  UPON  ENACTMENT  OF THE COMPACT INTO LAW BY THAT STATE. ALL PARTY
 STATES TO THIS COMPACT, THAT ALSO WERE PARTIES TO THE PRIOR NURSE LICEN-
 SURE COMPACT, SUPERSEDED BY THIS COMPACT, (HEREIN REFERRED TO AS  "PRIOR
 COMPACT"),  SHALL  BE  DEEMED  TO HAVE WITHDRAWN FROM SAID PRIOR COMPACT
 WITHIN SIX MONTHS AFTER THE EFFECTIVE DATE OF THIS COMPACT.
   B. EACH PARTY STATE TO THIS COMPACT  SHALL  CONTINUE  TO  RECOGNIZE  A
 NURSE'S  MULTISTATE  LICENSURE PRIVILEGE TO PRACTICE IN THAT PARTY STATE
 ISSUED UNDER THE PRIOR COMPACT UNTIL SUCH PARTY STATE HAS WITHDRAWN FROM
 THE PRIOR COMPACT.
   2. WITHDRAWAL. A. ANY PARTY STATE MAY WITHDRAW FROM  THIS  COMPACT  BY
 ENACTING  A STATUTE REPEALING THE SAME. A PARTY STATE'S WITHDRAWAL SHALL
 NOT TAKE EFFECT UNTIL SIX MONTHS AFTER ENACTMENT OF THE REPEALING  STAT-
 UTE.
   B.  A  PARTY  STATE'S  WITHDRAWAL  OR TERMINATION SHALL NOT AFFECT THE
 CONTINUING REQUIREMENT OF THE WITHDRAWING OR TERMINATED STATE'S  LICENS-
 ING  BOARD  TO  REPORT  ADVERSE  ACTIONS  AND SIGNIFICANT INVESTIGATIONS
 OCCURRING PRIOR TO THE EFFECTIVE DATE OF SUCH WITHDRAWAL OR TERMINATION.
   C. NOTHING CONTAINED IN THIS COMPACT SHALL BE CONSTRUED TO  INVALIDATE
 OR  PREVENT  ANY NURSE LICENSURE AGREEMENT OR OTHER COOPERATIVE ARRANGE-
 MENT BETWEEN A PARTY STATE AND A NON-PARTY STATE THAT IS MADE IN ACCORD-
 ANCE WITH THE OTHER PROVISIONS OF THIS COMPACT.
   3. AMENDMENT. A. THIS COMPACT MAY BE AMENDED BY THE PARTY  STATES.  NO
 AMENDMENT  TO  THIS  COMPACT SHALL BECOME EFFECTIVE AND BINDING UPON THE
 S. 4007--A                         212                        A. 3007--A
 
 PARTY STATES UNLESS AND UNTIL IT IS ENACTED INTO THE LAWS OF  ALL  PARTY
 STATES.
   B.  REPRESENTATIVES  OF  NON-PARTY  STATES  TO  THIS  COMPACT SHALL BE
 INVITED TO PARTICIPATE IN THE ACTIVITIES OF THE COMMISSION, ON A NONVOT-
 ING BASIS, PRIOR TO THE ADOPTION OF THIS COMPACT BY ALL STATES.
   § 8911. CONSTRUCTION AND SEVERABILITY.  1. CONSTRUCTION AND SEVERABIL-
 ITY. THIS COMPACT SHALL BE LIBERALLY CONSTRUED SO AS TO  EFFECTUATE  THE
 PURPOSES THEREOF. THE PROVISIONS OF THIS COMPACT SHALL BE SEVERABLE, AND
 IF ANY PHRASE, CLAUSE, SENTENCE OR PROVISION OF THIS COMPACT IS DECLARED
 TO  BE  CONTRARY TO THE CONSTITUTION OF ANY PARTY STATE OR OF THE UNITED
 STATES, OR IF THE  APPLICABILITY  THEREOF  TO  ANY  GOVERNMENT,  AGENCY,
 PERSON  OR  CIRCUMSTANCE  IS  HELD  TO  BE  INVALID, THE VALIDITY OF THE
 REMAINDER OF THIS COMPACT AND THE APPLICABILITY THEREOF TO  ANY  GOVERN-
 MENT,  AGENCY,  PERSON OR CIRCUMSTANCE SHALL NOT BE AFFECTED THEREBY. IF
 THIS COMPACT SHALL BE HELD TO BE CONTRARY TO  THE  CONSTITUTION  OF  ANY
 PARTY  STATE,  THIS  COMPACT SHALL REMAIN IN FULL FORCE AND EFFECT AS TO
 THE REMAINING PARTY STATES AND IN FULL FORCE AND EFFECT AS TO THE  PARTY
 STATE AFFECTED AS TO ALL SEVERABLE MATTERS.
   §  32.  Section  6501  of the education law is amended by adding a new
 subdivision 3 to read as follows:
     3. A. AN APPLICANT FOR LICENSURE IN A QUALIFIED HIGH-NEED HEALTHCARE
 PROFESSION WHO PROVIDES DOCUMENTATION AND ATTESTATION  THAT  HE  OR  SHE
 HOLDS  A  LICENSE  IN  GOOD STANDING FROM ANOTHER STATE, MAY REQUEST THE
 ISSUANCE OF A TEMPORARY PRACTICE PERMIT, WHICH, IF GRANTED  WILL  PERMIT
 THE APPLICANT TO WORK UNDER THE SUPERVISION OF A NEW YORK STATE LICENSEE
 IN  ACCORDANCE  WITH REGULATIONS OF THE COMMISSIONER. THE DEPARTMENT MAY
 GRANT SUCH TEMPORARY PRACTICE PERMIT WHEN IT APPEARS BASED ON THE APPLI-
 CATION AND SUPPORTING DOCUMENTATION RECEIVED  THAT  THE  APPLICANT  WILL
 MEET  THE REQUIREMENTS FOR LICENSURE IN THIS STATE BECAUSE HE OR SHE HAS
 PROVIDED DOCUMENTATION AND ATTESTATION THAT THEY HOLD A LICENSE IN  GOOD
 STANDING  FROM  ANOTHER  STATE  WITH  SIGNIFICANTLY COMPARABLE LICENSURE
 REQUIREMENTS TO THOSE OF THIS STATE, EXCEPT THE DEPARTMENT HAS NOT  BEEN
 ABLE  TO SECURE DIRECT SOURCE VERIFICATION OF THE APPLICANT'S UNDERLYING
 CREDENTIALS (E.G., LICENSE VERIFICATION, RECEIPT OF ORIGINAL TRANSCRIPT,
 EXPERIENCE VERIFICATION). SUCH PERMIT SHALL BE VALID FOR SIX  MONTHS  OR
 UNTIL  TEN  DAYS AFTER NOTIFICATION THAT THE APPLICANT DOES NOT MEET THE
 QUALIFICATIONS FOR LICENSURE. AN ADDITIONAL SIX MONTHS  MAY  BE  GRANTED
 UPON A DETERMINATION BY THE DEPARTMENT THAT THE APPLICANT IS EXPECTED TO
 QUALIFY FOR THE FULL LICENSE UPON RECEIPT OF THE REMAINING DIRECT SOURCE
 VERIFICATION  DOCUMENTS  REQUESTED BY THE DEPARTMENT IN SUCH TIME PERIOD
 AND THAT THE DELAY IN PROVIDING THE  NECESSARY  DOCUMENTATION  FOR  FULL
 LICENSURE WAS DUE TO EXTENUATING CIRCUMSTANCES WHICH THE APPLICANT COULD
 NOT AVOID.
   B. A TEMPORARY PRACTICE PERMIT ISSUED UNDER PARAGRAPH A OF THIS SUBDI-
 VISION SHALL BE SUBJECT TO THE FULL DISCIPLINARY AND REGULATORY AUTHORI-
 TY  OF  THE BOARD OF REGENTS AND THE DEPARTMENT, PURSUANT TO THIS TITLE,
 AS IF SUCH AUTHORIZATION WERE A PROFESSIONAL LICENSE ISSUED  UNDER  THIS
 ARTICLE.
   C.  FOR PURPOSES OF THIS SUBDIVISION "HIGH-NEED HEALTHCARE PROFESSION"
 MEANS A LICENSED HEALTHCARE PROFESSION OF WHICH THERE  ARE  AN  INSUFFI-
 CIENT  NUMBER  OF  LICENSEES  TO  SERVE  IN THE STATE OR A REGION OF THE
 STATE, AS DETERMINED BY THE COMMISSIONER OF HEALTH, IN CONSULTATION WITH
 THE COMMISSIONER OF EDUCATION.  THE COMMISSIONER OF HEALTH  SHALL  MAIN-
 TAIN  A  LIST OF SUCH LICENSED PROFESSIONS, WHICH SHALL BE POSTED ONLINE
 AND UPDATED FROM TIME TO TIME AS WARRANTED.
   § 33. This act shall take effect immediately; provided however, that:
 S. 4007--A                         213                        A. 3007--A
 
   a. section seven of this act shall take effect nine  months  after  it
 shall have become a law;
   b.  sections  seventeen, eighteen, nineteen, twenty, twenty-one, twen-
 ty-two and twenty-three of this act shall take effect one year after  it
 shall have become a law;
   c.  sections  twenty-seven,  twenty-eight  and twenty-nine of this act
 shall expire and be deemed repealed two  years  after  they  shall  have
 become a law;
   d.  sections  thirty  and thirty-one of this act shall  be  deemed  to
 have been in full force and effect on and after April 1, 2023;
   e. section thirty-two of this act shall take effect on  the  ninetieth
 day after it shall have become a law;
   f.  the  amendments  to  section  6801-a  of the education law made by
 section nine of this act shall not affect the repeal of such section and
 shall be deemed to be repealed therewith; and
   g. the amendments to subdivision 2 of section 6908  of  the  education
 law  made by section twenty-four of this act shall not affect the repeal
 of such subdivision and shall be deemed to be repealed therewith.
   h. the amendments to subdivision 8 of section 6909  of  the  education
 law  made by section twenty-five of this act shall not affect the repeal
 of such subdivision and shall be deemed repealed therewith.
   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  on
 or before such effective date.
 
                                  PART X
 
   Section  1.  The  public health law is amended by adding a new article
 29-K to read as follows:
                               ARTICLE 29-K
          REGISTRATION OF TEMPORARY HEALTH CARE SERVICES AGENCIES
 SECTION 2999-II. DEFINITIONS.
         2999-JJ. REGISTRATION OF TEMPORARY HEALTH  CARE  SERVICES  AGEN-
                    CIES; REQUIREMENTS.
         2999-KK. TEMPORARY HEALTH CARE SERVICES AGENCIES; MINIMUM STAND-
                    ARDS.
         2999-LL. VIOLATIONS; PENALTIES.
         2999-MM. RATES FOR TEMPORARY HEALTH CARE SERVICES; REPORTS.
   § 2999-II. DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE:
   1.  "CERTIFIED NURSE AIDE" MEANS A PERSON INCLUDED IN THE NURSING HOME
 NURSE AIDE REGISTRY PURSUANT TO SECTION TWENTY-EIGHT HUNDRED THREE-J  OF
 THIS  CHAPTER AS ADDED BY CHAPTER SEVEN HUNDRED SEVENTEEN OF THE LAWS OF
 NINETEEN HUNDRED EIGHTY-NINE.
   2. "CONTROLLING PERSON" MEANS A PERSON, OFFICER,  PROGRAM  ADMINISTRA-
 TOR,  OR  DIRECTOR  WHOSE  RESPONSIBILITIES INCLUDE THE DIRECTION OF THE
 MANAGEMENT OR POLICIES OF  A  TEMPORARY  HEALTH  CARE  SERVICES  AGENCY.
 "CONTROLLING  PERSON"  ALSO  MEANS  AN  INDIVIDUAL WHO, DIRECTLY OWNS AT
 LEAST TEN PERCENT VOTING INTEREST  IN  A  CORPORATION,  PARTNERSHIP,  OR
 OTHER BUSINESS ENTITY THAT IS A CONTROLLING PERSON.
   3.  "HEALTH  CARE  ENTITY"  MEANS AN AGENCY, CORPORATION, FACILITY, OR
 INDIVIDUAL PROVIDING MEDICAL OR HEALTH CARE SERVICES.
   4. "HEALTH CARE PERSONNEL" MEANS NURSES,  CERTIFIED  NURSE  AIDES  AND
 LICENSED  OR  UNLICENSED  DIRECT  CARE WORKERS EMPLOYED BY THE TEMPORARY
 HEALTH CARE SERVICES AGENCY TO PROVIDE TEMPORARY SERVICES  IN  A  HEALTH
 CARE ENTITY.
 S. 4007--A                         214                        A. 3007--A
 
   5.  "NURSE" MEANS A REGISTERED PROFESSIONAL NURSE, OR A LICENSED PRAC-
 TICAL NURSE AS DEFINED BY ARTICLE ONE HUNDRED THIRTY-NINE OF THE  EDUCA-
 TION LAW.
   6.  "DIRECT  CARE  WORKER"  MEANS  AN  EMPLOYEE WHO IS RESPONSIBLE FOR
 PATIENT/RESIDENT HANDLING OR PATIENT/RESIDENT ASSESSMENT AS A REGULAR OR
 INCIDENTAL PART OF THEIR EMPLOYMENT, INCLUDING  ANY  LICENSED  OR  UNLI-
 CENSED HEALTH CARE WORKER.
   7.  "PERSON"  MEANS  AN INDIVIDUAL, FIRM, CORPORATION, PARTNERSHIP, OR
 ASSOCIATION.
   8. "TEMPORARY HEALTH CARE SERVICES AGENCY" OR "AGENCY" MEANS A PERSON,
 FIRM, CORPORATION, PARTNERSHIP, ASSOCIATION OR OTHER ENTITY IN THE BUSI-
 NESS OF PROVIDING OR  PROCURING  TEMPORARY  EMPLOYMENT  OF  HEALTH  CARE
 PERSONNEL FOR HEALTH CARE ENTITIES. TEMPORARY HEALTH CARE SERVICES AGEN-
 CY SHALL INCLUDE A NURSES' REGISTRY LICENSED UNDER ARTICLE ELEVEN OF THE
 GENERAL  BUSINESS  LAW AND ENTITIES THAT UTILIZE APPS OR OTHER TECHNOLO-
 GY-BASED SOLUTIONS TO PROVIDE OR PROCURE TEMPORARY EMPLOYMENT OF  HEALTH
 CARE  PERSONNEL  IN HEALTH CARE ENTITIES. TEMPORARY HEALTH CARE SERVICES
 AGENCY SHALL NOT INCLUDE: (A) AN INDIVIDUAL WHO ONLY ENGAGES IN  PROVID-
 ING  THE  INDIVIDUAL'S  OWN SERVICES ON A TEMPORARY BASIS TO HEALTH CARE
 ENTITIES; OR (B) A HOME CARE AGENCY LICENSED UNDER ARTICLE THIRTY-SIX OF
 THIS CHAPTER.
   § 2999-JJ. REGISTRATION OF TEMPORARY HEALTH  CARE  SERVICES  AGENCIES;
 REQUIREMENTS.  1.  ANY  PERSON  WHO  OPERATES  A  TEMPORARY  HEALTH CARE
 SERVICES AGENCY SHALL REGISTER THE  AGENCY  WITH  THE  DEPARTMENT.  EACH
 SEPARATE  LOCATION  OF  THE BUSINESS OF A TEMPORARY HEALTH CARE SERVICES
 AGENCY SHALL HAVE A SEPARATE REGISTRATION.
   2. THE COMMISSIONER SHALL PUBLISH GUIDELINES  ESTABLISHING  THE  FORMS
 AND PROCEDURES FOR APPLICATIONS FOR REGISTRATION. FORMS MUST INCLUDE, AT
 A MINIMUM ALL OF THE FOLLOWING:
   (A)  THE  NAMES  AND  ADDRESSES  OF THE TEMPORARY HEALTH CARE SERVICES
 AGENCY CONTROLLING PERSON OR PERSONS.
   (B) THE NAMES AND ADDRESSES OF HEALTH CARE ENTITIES WHERE THE CONTROL-
 LING PERSON OR PERSONS OR THEIR FAMILY MEMBERS:
   (I) HAVE AN OWNERSHIP RELATIONSHIP; OR
   (II) DIRECT THE MANAGEMENT OR POLICIES OF SUCH HEALTH CARE ENTITIES.
   (C) A DEMONSTRATION THAT THE APPLICANT IS OF GOOD MORAL CHARACTER  AND
 ABLE  TO  COMPLY WITH ALL APPLICABLE STATE LAWS AND REGULATIONS RELATING
 TO THE ACTIVITIES IN WHICH IT INTENDS TO ENGAGE UNDER THE REGISTRATION.
   (D) REGISTRATION AND REGISTRATION ANNUAL RENEWAL FEES OF ONE  THOUSAND
 DOLLARS AND MAY ONLY BE USED FOR THE PURPOSE OF OPERATING THIS REGISTRY.
   (E) THE STATE OF INCORPORATION OF THE AGENCY.
   (F)  ANY  ADDITIONAL  INFORMATION  THAT THE COMMISSIONER DETERMINES IS
 NECESSARY TO PROPERLY EVALUATE AN APPLICATION FOR REGISTRATION.
   3. AS A CONDITION OF REGISTRATION, A TEMPORARY  HEALTH  CARE  SERVICES
 AGENCY:
   (A)  SHALL  DOCUMENT  THAT  EACH TEMPORARY EMPLOYEE PROVIDED TO HEALTH
 CARE ENTITIES CURRENTLY  MEETS  THE  MINIMUM  LICENSING,  TRAINING,  AND
 CONTINUING  EDUCATION  STANDARDS  FOR THE POSITION IN WHICH THE EMPLOYEE
 WILL BE WORKING.
   (B) SHALL COMPLY WITH ALL PERTINENT  REQUIREMENTS  AND  QUALIFICATIONS
 FOR PERSONNEL EMPLOYED IN HEALTH CARE ENTITIES.
   (C)  SHALL  NOT RESTRICT IN ANY MANNER THE EMPLOYMENT OPPORTUNITIES OF
 ITS EMPLOYEES.
   (D) SHALL MAINTAIN INSURANCE COVERAGE FOR  WORKERS'  COMPENSATION  AND
 DISABILITY  COVERAGE  FOR ALL HEALTH CARE PERSONNEL PROVIDED OR PROCURED
 BY THE AGENCY.
 S. 4007--A                         215                        A. 3007--A
 
   (E) SHALL NOT REQUIRE THE PAYMENT OF  LIQUIDATED  DAMAGES,  EMPLOYMENT
 FEES,  OR OTHER COMPENSATION SHOULD THE EMPLOYEE BE HIRED AS A PERMANENT
 EMPLOYEE OF A HEALTH CARE ENTITY IN ANY CONTRACT WITH  ANY  EMPLOYEE  OR
 HEALTH CARE ENTITY OR OTHERWISE.
   (F)  SHALL  DOCUMENT  THAT  EACH TEMPORARY EMPLOYEE PROVIDED TO HEALTH
 CARE ENTITIES IS JOINTLY EMPLOYED BY THE AGENCY AND THE  ENTITY  AND  IS
 NOT AN INDEPENDENT CONTRACTOR.
   (G)  SHALL RETAIN ALL RECORDS OF EMPLOYMENT FOR SIX CALENDAR YEARS AND
 MAKE THEM AVAILABLE TO THE DEPARTMENT UPON REQUEST.
   (H) SHALL COMPLY WITH ANY REQUESTS MADE BY THE DEPARTMENT  TO  EXAMINE
 THE  BOOKS  AND  RECORDS OF THE AGENCY, SUBPOENA WITNESSES AND DOCUMENTS
 AND MAKE SUCH OTHER INVESTIGATION AS IS NECESSARY IN THE EVENT THAT  THE
 DEPARTMENT  HAS REASON TO BELIEVE THAT THE BOOKS OR RECORDS DO NOT ACCU-
 RATELY REFLECT THE FINANCIAL CONDITION OR FINANCIAL TRANSACTIONS OF  THE
 AGENCY.
   (I)  SHALL  COMPLY WITH ANY ADDITIONAL REQUIREMENTS THE DEPARTMENT MAY
 DEEM NECESSARY.
   4. A REGISTRATION ISSUED BY THE COMMISSIONER ACCORDING TO THIS SECTION
 SHALL BE EFFECTIVE FOR A PERIOD OF ONE YEAR, UNLESS THE REGISTRATION  IS
 REVOKED  OR  SUSPENDED,  OR  UNLESS OWNERSHIP INTEREST OF TEN PERCENT OR
 MORE, OR MANAGEMENT OF THE TEMPORARY HEALTH  CARE  SERVICES  AGENCY,  IS
 SOLD  OR TRANSFERRED. WHEN OWNERSHIP INTEREST OF TEN PERCENT OR MORE, OR
 MANAGEMENT OF A TEMPORARY HEALTH CARE SERVICES AGENCY IS SOLD OR  TRANS-
 FERRED,  THE  REGISTRATION  OF  THE AGENCY MAY BE TRANSFERRED TO THE NEW
 OWNER OR OPERATOR FOR THIRTY DAYS, OR UNTIL THE NEW  OWNER  OR  OPERATOR
 APPLIES  AND IS GRANTED OR DENIED A NEW REGISTRATION, WHICHEVER IS SOON-
 ER.
   5.  THE  COMMISSIONER  MAY,  AFTER  APPROPRIATE  NOTICE  AND  HEARING,
 SUSPEND,  REVOKE,  OR REFUSE TO ISSUE OR RENEW ANY REGISTRATION OR ISSUE
 ANY FINES ESTABLISHED PURSUANT TO SECTION  TWENTY-NINE  HUNDRED  NINETY-
 NINE-LL OF THIS ARTICLE IF THE APPLICANT FAILS TO COMPLY WITH THIS ARTI-
 CLE OR ANY GUIDELINES, RULES AND REGULATIONS PROMULGATED THEREUNDER.
   6.  THE  COMMISSIONER  SHALL MAKE AVAILABLE A LIST OF TEMPORARY HEALTH
 CARE SERVICES AGENCIES REGISTERED WITH THE  DEPARTMENT  ON  THE  DEPART-
 MENT'S PUBLIC WEBSITE.
   7.  THE  DEPARTMENT SHALL PUBLISH A QUARTERLY REPORT CONTAINING AGGRE-
 GATED AND DE-IDENTIFIED DATA COLLECTED PURSUANT TO THIS ARTICLE  ON  THE
 WEBSITE OF THE DEPARTMENT.
   8. THE DEPARTMENT, IN CONSULTATION WITH THE DEPARTMENT OF LABOR, SHALL
 PROVIDE  A  REPORT  TO  THE  GOVERNOR AND LEGISLATURE ON OR BEFORE MARCH
 THIRTY-FIRST, TWO THOUSAND TWENTY-FOUR, SUMMARIZING THE KEY FINDINGS  OF
 THE  DATA  COLLECTED  PURSUANT  TO  THIS  ARTICLE.  THE DEPARTMENT SHALL
 FURTHER HAVE AUTHORITY TO UTILIZE ANY DATA COLLECTED  PURSUANT  TO  THIS
 ARTICLE  FOR ADDITIONAL PURPOSES CONSISTENT WITH THIS CHAPTER, INCLUDING
 BUT NOT LIMITED TO DETERMINATIONS OF WHETHER  AN  ACUTE  LABOR  SHORTAGE
 EXISTS,  OR  ANY OTHER PURPOSE THE DEPARTMENT DEEMS NECESSARY FOR HEALTH
 CARE RELATED DATA PURPOSES.
   9. THE ATTORNEY GENERAL SHALL, UPON THE  REQUEST  OF  THE  DEPARTMENT,
 BRING  AN  ACTION  FOR AN INJUNCTION AGAINST ANY PERSON WHO VIOLATES ANY
 PROVISION OF THIS ARTICLE; PROVIDED, THE DEPARTMENT  SHALL  FURNISH  THE
 ATTORNEY  GENERAL WITH SUCH MATERIAL, EVIDENTIARY MATTER OR PROOF AS MAY
 BE REQUESTED BY THE ATTORNEY GENERAL FOR THE PROSECUTION OF SUCH ACTION.
   § 2999-KK. TEMPORARY HEALTH CARE SERVICES AGENCIES; MINIMUM STANDARDS.
 1.  A TEMPORARY HEALTH CARE SERVICES AGENCY SHALL APPOINT AN ADMINISTRA-
 TOR QUALIFIED BY TRAINING, EXPERIENCE OR EDUCATION TO OPERATE THE  AGEN-
 CY.  EACH SEPARATE AGENCY LOCATION SHALL HAVE ITS OWN ADMINISTRATOR.
 S. 4007--A                         216                        A. 3007--A
 
   2.  A TEMPORARY HEALTH CARE SERVICES AGENCY SHALL DEVELOP AND MAINTAIN
 WRITTEN EMPLOYMENT POLICIES AND PROCEDURES. THE AGENCY SHALL INFORM  ITS
 EMPLOYEES  OF  THE  TERMS AND CONDITIONS OF EMPLOYMENT BY THAT AGENCY AT
 THE TIME OF HIRE, AS WELL AS NO LESS THAN ANNUALLY THEREAFTER.
   3.  A  TEMPORARY  HEALTH  CARE SERVICES AGENCY SHALL MAINTAIN HOURS OF
 OPERATION AT EACH OF ITS LOCATIONS SUFFICIENT TO  MEET  THE  OBLIGATIONS
 UNDER ITS WRITTEN AGREEMENTS WITH HEALTH CARE ENTITIES.
   4.  A  TEMPORARY  HEALTH CARE SERVICES AGENCY SHALL MAINTAIN A WRITTEN
 AGREEMENT OR CONTRACT WITH EACH HEALTH CARE ENTITY, WHICH SHALL INCLUDE,
 AT A MINIMUM:
   (A) THE REQUIRED MINIMUM LICENSING, TRAINING, AND CONTINUING EDUCATION
 REQUIREMENTS FOR EACH ASSIGNED HEALTH CARE PERSONNEL.
   (B) ANY REQUIREMENT FOR MINIMUM ADVANCE  NOTICE  IN  ORDER  TO  ENSURE
 PROMPT ARRIVAL OF ASSIGNED HEALTH CARE PERSONNEL.
   (C)  THE  MAXIMUM RATES THAT CAN BE BILLED OR CHARGED BY THE TEMPORARY
 HEALTH CARE SERVICES AGENCY  PURSUANT  TO  SECTION  TWENTY-NINE  HUNDRED
 NINETY-NINE-MM OF THIS ARTICLE AND ANY APPLICABLE REGULATIONS.
   (D)  THE  RATES  TO  BE  CHARGED BY THE TEMPORARY HEALTH CARE SERVICES
 AGENCY.
   (E) PROCEDURES FOR THE  INVESTIGATION  AND  RESOLUTION  OF  COMPLAINTS
 ABOUT  THE  PERFORMANCE OF TEMPORARY HEALTH CARE SERVICES AGENCY PERSON-
 NEL.
   (F) PROCEDURES FOR NOTICE FROM HEALTH  CARE  ENTITIES  OF  FAILURE  OF
 MEDICAL PERSONNEL TO REPORT TO ASSIGNMENTS AND FOR BACK-UP STAFF IN SUCH
 INSTANCES.
   (G) PROCEDURES FOR NOTICE OF ACTUAL OR SUSPECTED ABUSE, THEFT, TAMPER-
 ING OR OTHER DIVERSION OF CONTROLLED SUBSTANCES BY MEDICAL PERSONNEL.
   (H)  THE  TYPES  AND QUALIFICATIONS OF HEALTH CARE PERSONNEL AVAILABLE
 FOR ASSIGNMENT THROUGH THE TEMPORARY HEALTH CARE SERVICES AGENCY.
   5. A TEMPORARY HEALTH CARE SERVICES AGENCY SHALL SUBMIT TO THE DEPART-
 MENT COPIES OF ALL CONTRACTS BETWEEN THE AGENCY AND A HEALTH CARE ENTITY
 TO WHICH IT ASSIGNS OR REFERS HEALTH CARE PERSONNEL, AND COPIES  OF  ALL
 INVOICES  TO  HEALTH CARE ENTITIES PERSONNEL. EXECUTED CONTRACTS MUST BE
 SENT TO THE DEPARTMENT WITHIN FIVE BUSINESS DAYS OF THEIR EFFECTIVE DATE
 AND ARE NOT SUBJECT TO DISCLOSURE UNDER ARTICLE SIX OF THE PUBLIC  OFFI-
 CERS LAW.
   6.  THE  COMMISSIONER  MAY  PROMULGATE  REGULATIONS  TO  IMPLEMENT THE
 REQUIREMENTS OF THIS SECTION AND TO ESTABLISH ADDITIONAL MINIMUM  STAND-
 ARDS  FOR  THE  OPERATION  OF  TEMPORARY  HEALTH CARE SERVICES AGENCIES,
 INCLUDING BUT NOT LIMITED TO PRICING, FEES,  ADMINISTRATIVE  COSTS,  AND
 BUSINESS PRACTICES.
   7.  THE COMMISSIONER MAY WAIVE THE REQUIREMENTS OF THIS ARTICLE DURING
 A DECLARED STATE OR FEDERAL PUBLIC HEALTH EMERGENCY.
   § 2999-LL. VIOLATIONS; PENALTIES. IN ADDITION TO OTHER REMEDIES AVAIL-
 ABLE BY LAW, VIOLATIONS OF THE PROVISIONS OF THIS ARTICLE AND ANY  REGU-
 LATIONS  PROMULGATED  THEREUNDER SHALL BE SUBJECT TO PENALTIES AND FINES
 PURSUANT TO SECTION TWELVE OF THIS CHAPTER; PROVIDED, HOWEVER, THAT EACH
 VIOLATION COMMITTED BY EACH INDIVIDUAL EMPLOYEE OF  A  TEMPORARY  HEALTH
 CARE SERVICES AGENCY SHALL BE CONSIDERED A SEPARATE VIOLATION.
   § 2999-MM. RATES FOR TEMPORARY HEALTH CARE SERVICES; REPORTS. A TEMPO-
 RARY  HEALTH  CARE SERVICES AGENCY SHALL REPORT QUARTERLY TO THE DEPART-
 MENT A FULL DISCLOSURE OF CHARGES AND COMPENSATION, INCLUDING A SCHEDULE
 OF ALL HOURLY BILL RATES PER CATEGORY OF EMPLOYEE, A FULL DESCRIPTION OF
 ADMINISTRATIVE CHARGES, AND A SCHEDULE OF RATES OF ALL COMPENSATION  PER
 CATEGORY OF EMPLOYEE, INCLUDING, BUT NOT LIMITED TO:
 S. 4007--A                         217                        A. 3007--A
 
   1.  HOURLY REGULAR PAY RATE, SHIFT DIFFERENTIAL, WEEKEND DIFFERENTIAL,
 HAZARD PAY, CHARGE NURSE ADD-ON, OVERTIME, HOLIDAY PAY, TRAVEL OR  MILE-
 AGE PAY, AND ANY HEALTH OR OTHER FRINGE BENEFITS PROVIDED;
   2.  THE  PERCENTAGE  OF  HEALTH  CARE  ENTITY  DOLLARS THAT THE AGENCY
 EXPENDED ON TEMPORARY PERSONNEL  WAGES  AND  BENEFITS  COMPARED  TO  THE
 TEMPORARY HEALTH CARE SERVICES AGENCY'S PROFITS AND OTHER ADMINISTRATIVE
 COSTS;
   3.  A  LIST  OF  THE  STATES AND ZIP CODES OF THEIR EMPLOYEES' PRIMARY
 RESIDENCES;
   4. THE NAMES OF ALL HEALTH CARE ENTITIES THEY HAVE  CONTRACTED  WITHIN
 NEW YORK STATE;
   5. THE NUMBER OF EMPLOYEES OF THE TEMPORARY HEALTH CARE SERVICES AGEN-
 CY WORKING AT EACH ENTITY; AND
   6. ANY OTHER INFORMATION PRESCRIBED BY THE COMMISSIONER.
   §  2.  This  act  shall take effect immediately and shall be deemed to
 have been in full force and effect on and after April 1, 2023.
 
                                  PART Y
 
   Section 1. This Part enacts into law major components  of  legislation
 relating  to  medical  debt  and  drug  prices. Each component is wholly
 contained within a Subpart identified  as  Subparts  A  through  D.  The
 effective  date  for  each  particular  provision  contained within such
 Subpart is set forth in the last section of such Subpart. Any  provision
 in  any section contained within a Subpart, including the effective date
 of the Subpart, which makes reference to a section "of this  act",  when
 used  in  connection  with that particular component, shall be deemed to
 mean and refer to the corresponding section of the Subpart in  which  it
 is  found.  Section  three of this Part sets forth the general effective
 date of this Part.
 
                                 SUBPART A
 
   Section 1. Subdivisions (f) and (j) of section 3215 of the civil prac-
 tice law and rules, subdivision (f) as amended and  subdivision  (j)  as
 added  by chapter 593 of the laws of 2021, subdivision (f) as separately
 amended by chapter 831 of the laws of  2021,  are  amended  to  read  as
 follows:
   (f)  Proof.  On any application for judgment by default, the applicant
 shall file proof of service of the  summons  and  the  complaint,  or  a
 summons  and  notice  served  pursuant to subdivision (b) of rule 305 or
 subdivision (a) of rule 316 of this chapter,  and  proof  of  the  facts
 constituting  the  claim,  the default and the amount due, including, if
 applicable, a statement that the interest rate for consumer debt  pursu-
 ant  to section five thousand four of this chapter applies, by affidavit
 made by the party, or where the state of New York is the  plaintiff,  by
 affidavit  made  by  an attorney from the office of the attorney general
 who has or obtains knowledge of  such  facts  through  review  of  state
 records or otherwise. Where a verified complaint has been served, it may
 be  used  as  the  affidavit of the facts constituting the claim and the
 amount due; in such case, an affidavit as to the default shall  be  made
 by  the  party  or  the  party's attorney. In an action arising out of a
 consumer credit transaction, if the plaintiff is not the original credi-
 tor, the applicant shall include: (1) an affidavit by the original cred-
 itor of the facts constituting the debt, the  default  in  payment,  the
 sale  or  assignment of the debt, and the amount due at the time of sale
 S. 4007--A                         218                        A. 3007--A
 
 or assignment; (2) for each subsequent assignment or sale of the debt to
 another entity, an affidavit of sale of the debt  by  the  debt  seller,
 completed  by  the seller or assignor; and (3) an affidavit of a witness
 of the plaintiff, which includes a chain of title of the debt, completed
 by  the  plaintiff  or  plaintiff's  witness.  IN AN ACTION ARISING FROM
 MEDICAL DEBT, IF THE PLAINTIFF IS NOT A HOSPITAL LICENSED UNDER  ARTICLE
 TWENTY-EIGHT  OF  THE  PUBLIC  HEALTH  LAW OR A HEALTH CARE PROFESSIONAL
 AUTHORIZED UNDER TITLE EIGHT OF THE EDUCATION LAW, THE  APPLICANT  SHALL
 INCLUDE: (1) AN AFFIDAVIT BY THE HOSPITAL OR HEALTH CARE PROFESSIONAL OF
 THE  FACTS  CONSTITUTING  THE  MEDICAL DEBT, THE DEFAULT IN PAYMENT, THE
 SALE OR ASSIGNMENT OF THE MEDICAL DEBT, AND THE AMOUNT DUE AT  THE  TIME
 OF SALE OR ASSIGNMENT; (2) FOR EACH SUBSEQUENT ASSIGNMENT OR SALE OF THE
 MEDICAL DEBT TO ANOTHER ENTITY, AN AFFIDAVIT OF SALE OF THE MEDICAL DEBT
 BY  THE  DEBT  SELLER,  COMPLETED  BY THE SELLER OR ASSIGNOR; AND (3) AN
 AFFIDAVIT OF A WITNESS OF THE PLAINTIFF, WHICH INCLUDES A CHAIN OF TITLE
 OF THE MEDICAL DEBT, COMPLETED BY THE PLAINTIFF OR PLAINTIFF'S  WITNESS.
 The  chief  administrative  judge shall issue form affidavits to satisfy
 the requirements of this subdivision for  consumer  credit  transactions
 AND  ACTIONS ARISING FROM MEDICAL DEBT. When jurisdiction is based on an
 attachment of property, the  affidavit  must  state  that  an  order  of
 attachment  granted in the action has been levied on the property of the
 defendant, describe the property and state its value. Proof  of  mailing
 the  notice  required by subdivision (g) of this section, where applica-
 ble, shall also be filed.
   (j) Affidavit. A request for a default judgment entered by the  clerk,
 must  be  accompanied  by  an  affidavit by the plaintiff or plaintiff's
 attorney stating that after reasonable inquiry, he or she has reason  to
 believe  that  the  statute  of  limitations  has not expired. The chief
 administrative judge shall issue form affidavits to satisfy the require-
 ments of this subdivision for consumer credit transactions  AND  ACTIONS
 ARISING FROM MEDICAL DEBT.
   §  2.  Subdivision 2 of section 212 of the judiciary law is amended by
 adding a new paragraph (cc) to read as follows:
   (CC) MAKE AVAILABLE FORM AFFIDAVITS REQUIRED FOR A MOTION FOR  DEFAULT
 JUDGMENT  IN AN ACTION ARISING FROM MEDICAL DEBT AS REQUIRED BY SUBDIVI-
 SION (F) OF SECTION THIRTY-TWO HUNDRED FIFTEEN OF THE CIVIL PRACTICE LAW
 AND RULES.
   § 3. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.
 
                                 SUBPART B
 
   Section  1.  This  act  shall  be  known  and  may  be  cited  as  the
 "Prescription Drug Price and Supply Chain Transparency Act of 2023".
   §  2.  Legislative  intent.  The  state  has  a compelling interest in
 providing for transparency into the price of prescription drugs and  the
 regulation  of  entities  that  play  a  role  in  the  distribution  of
 prescription drugs in this state. The impact of ever rising prescription
 drug costs impacts consumers in this state both at the pharmacy  counter
 and  in  health  plan  premium  costs. Prescription drug costs also have
 direct costs to the state fiscal, health  insurance  companies,  pharma-
 cies, pharmacy benefit managers, hospitals, employers, and unions.
   §  3.  The insurance law is amended by adding a new article 30 to read
 as follows:
 
                                ARTICLE 30
 S. 4007--A                         219                        A. 3007--A
 
            PRESCRIPTION DRUG PRICE AND SUPPLY CHAIN TRANSPARENCY
 
 SECTION 3001. DEFINITIONS.
         3002. FILING REQUIREMENT.
         3003. SPECIAL REPORTS AND OTHER POWERS.
         3004. REPORTING OF DRUG PRICE INCREASES.
         3005. REPORTING OF PAY FOR DELAY AGREEMENTS.
         3006. REGISTRATION OF PHARMACY SERVICES ADMINISTRATIVE ORGANIZA-
                 TIONS.
         3007.  REQUIRED  DISCLOSURES BY PHARMACY SERVICES ADMINISTRATIVE
                 ORGANIZATIONS.
         3008. REGISTRATION OF PHARMACY SWITCH COMPANIES.
         3009. REQUIRED DISCLOSURES BY PHARMACY SWITCH COMPANIES.
         3010. REGISTRATION OF REBATE AGGREGATORS.
         3011. REQUIRED DISCLOSURES BY REBATE AGGREGATORS.
         3012. DEPOSIT OF PENALTIES AND FEES.
   § 3001. DEFINITIONS. (A) FOR THE PURPOSES OF THIS ARTICLE,  THE  DEFI-
 NITIONS  CONTAINED  IN SECTION TWO HUNDRED EIGHTY-A OF THE PUBLIC HEALTH
 LAW SHALL APPLY TO THIS ARTICLE AS IF SPECIFICALLY SET FORTH HEREIN.
   (B) THE FOLLOWING WORDS OR PHRASES, AS USED  IN  THIS  ARTICLE,  SHALL
 HAVE THE FOLLOWING MEANINGS, UNLESS THE CONTEXT OTHERWISE REQUIRES:
   (1)  "MANUFACTURER"  MEANS  AN  ENTITY  ENGAGED  IN THE MANUFACTURE OF
 PRESCRIPTION DRUGS SOLD IN THIS STATE.
   (2) "PHARMACY SERVICES ADMINISTRATIVE ORGANIZATION" OR "PSAO" MEANS  A
 ENTITY THAT IS OPERATING IN THIS STATE AND THAT CONTRACTS WITH A PHARMA-
 CY  FOR THE PURPOSE OF CONDUCTING BUSINESS ON THE PHARMACY'S BEHALF WITH
 WHOLESALERS, DISTRIBUTORS, HEALTH PLANS OR PHARMACY BENEFIT MANAGERS.
   (3) "REBATE AGGREGATOR" MEANS AN ENTITY THAT PROVIDES FORMULARY REBATE
 ADMINISTRATIVE SERVICES FOR PHARMACY BENEFIT MANAGERS OR OTHERWISE NEGO-
 TIATES REBATES WITH MANUFACTURERS ON BEHALF OF PHARMACY  BENEFIT  MANAG-
 ERS.
   (4)  "SWITCH  COMPANY"  MEANS  AN  ENTITY THAT ACTS AS AN INTERMEDIARY
 BETWEEN A PHARMACY AND A PHARMACY BENEFIT MANAGER OR HEALTH PLAN FOR THE
 PURPOSE OF ROUTING INSURANCE CLAIMS DATA TO OR FROM A PHARMACY.
   (5) "WHOLESALER" MEANS AN ENTITY  THAT  BOTTLES,  PACKS  OR  PURCHASES
 DRUGS,  DEVICES  OR COSMETICS FOR THE PURPOSE OF SELLING OR RESELLING TO
 PHARMACIES OR TO OTHER CHANNELS.
   § 3002. FILING REQUIREMENT. NOTWITHSTANDING ANY LAW TO  THE  CONTRARY,
 ANY FILING OR SUBMISSION REQUIRED UNDER THIS ARTICLE SHALL BE MADE ELEC-
 TRONICALLY  UNLESS THE ENTITY REQUIRED TO MAKE THAT FILING OR SUBMISSION
 DEMONSTRATES UNDUE HARDSHIP, IMPRACTICABILITY OR GOOD CAUSE AS  REQUIRED
 BY SECTION THREE HUNDRED SIXTEEN OF THIS CHAPTER.
   §  3003.  SPECIAL REPORTS AND OTHER POWERS. (A) THE SUPERINTENDENT MAY
 ADDRESS TO ANY ENTITY REQUIRED TO REGISTER OR REPORT  INFORMATION  UNDER
 THIS  ARTICLE,  OR  ITS  OFFICERS,  OR ANY AGENT OR EMPLOYEE THEREOF ANY
 INQUIRY IN RELATION TO ITS BUSINESS OR ANY MATTER  CONNECTED  THEREWITH.
 EVERY  INDIVIDUAL  OR ENTITY SO ADDRESSED SHALL REPLY IN WRITING TO SUCH
 INQUIRY PROMPTLY AND TRUTHFULLY, AND SUCH REPLY SHALL BE, IF REQUIRED BY
 THE SUPERINTENDENT, SUBSCRIBED BY SUCH INDIVIDUAL, OR BY SUCH OFFICER OR
 OFFICERS OF THE ENTITY, OR BY SUCH AGENT OR EMPLOYEE OF  THE  ENTITY  AS
 THE  SUPERINTENDENT  SHALL DESIGNATE, AND AFFIRMED BY THEM AS TRUE UNDER
 THE PENALTIES OF PERJURY.
   (B) IN THE EVENT ANY INDIVIDUAL OR ENTITY DOES NOT SUBMIT A GOOD FAITH
 RESPONSE TO AN INQUIRY FROM THE SUPERINTENDENT  PURSUANT  TO  SUBSECTION
 (A) OF THIS SECTION WITHIN A TIME PERIOD SPECIFIED BY THE SUPERINTENDENT
 OF NOT LESS THAN FIFTEEN BUSINESS DAYS, THE SUPERINTENDENT IS AUTHORIZED
 S. 4007--A                         220                        A. 3007--A
 
 TO  LEVY  A CIVIL PENALTY, AFTER NOTICE AND HEARING, AGAINST SUCH PERSON
 NOT TO EXCEED ONE THOUSAND DOLLARS PER DAY FOR EACH DAY BEYOND THE  DATE
 SPECIFIED BY THE SUPERINTENDENT FOR RESPONSE TO THE INQUIRY.
   (C) IN ADDITION TO ALL OTHER POWERS GRANTED BY LAW, THE SUPERINTENDENT
 IS  HEREBY  EMPOWERED TO ORDER ANY PERSON OR ENTITY REQUIRED TO REGISTER
 OR REPORT INFORMATION UNDER  THIS  ARTICLE  TO  CEASE  AND  DESIST  FROM
 VIOLATIONS  OF  THIS ARTICLE AND FOLLOWING ISSUANCE OF SUCH AN ORDER MAY
 BRING AND MAINTAIN AN ACTION IN ANY COURT OF COMPETENT JURISDICTION  FOR
 AN INJUNCTION OR OTHER APPROPRIATE RELIEF TO ENJOIN THREATENED OR EXIST-
 ING  VIOLATIONS  OF  THIS  ARTICLE  OR OF THE SUPERINTENDENT'S ORDERS OR
 REGULATIONS, SUCH ACTION MAY SPECIFICALLY SEEK RESTITUTION ON BEHALF  OF
 PERSONS  AGGRIEVED  BY  A  VIOLATION  OF THIS ARTICLE OR ORDERS OR REGU-
 LATIONS OF THE SUPERINTENDENT.
   (D) IN ADDITION TO ALL OTHER POWERS GRANTED BY LAW, WHENEVER IT  SHALL
 APPEAR  TO  THE SUPERINTENDENT, EITHER UPON COMPLAINT OR OTHERWISE, THAT
 IN THE COURSE OF ITS BUSINESS WITHIN OR FROM THIS STATE THAT ANY  ENTITY
 SHALL  HAVE  EMPLOYED,  OR  EMPLOYS,  OR IS ABOUT TO EMPLOY ANY BUSINESS
 PRACTICE OR SHALL HAVE PERFORMED, OR  IS  PERFORMING,  OR  IS  ABOUT  TO
 PERFORM ANY ACT IN VIOLATION OF THIS ARTICLE OR ORDERS OR REGULATIONS OF
 THE  SUPERINTENDENT,  OR  THE  SUPERINTENDENT  BELIEVES  IT TO BE IN THE
 PUBLIC INTEREST THAT AN INVESTIGATION BE MADE, THE  SUPERINTENDENT  MAY,
 IN THE SUPERINTENDENT'S DISCRETION, EITHER REQUIRE OR PERMIT SUCH ENTITY
 OR  ANY  AGENT OR EMPLOYEE THEREOF, TO FILE WITH THE DEPARTMENT A STATE-
 MENT IN WRITING UNDER OATH OR OTHERWISE AS TO ALL THE FACTS AND  CIRCUM-
 STANCES  CONCERNING  THE SUBJECT MATTER THAT THE SUPERINTENDENT BELIEVES
 IS IN THE PUBLIC INTEREST TO  INVESTIGATE,  AND  FOR  THAT  PURPOSE  MAY
 PRESCRIBE  FORMS  UPON  WHICH  SUCH STATEMENTS SHALL BE MADE. THE SUPER-
 INTENDENT MAY ALSO REQUIRE SUCH OTHER DATA AND INFORMATION AS THE SUPER-
 INTENDENT MAY DEEM RELEVANT AND MAY MAKE SUCH  SPECIAL  AND  INDEPENDENT
 INVESTIGATIONS  AS  THE  SUPERINTENDENT MAY DEEM NECESSARY IN CONNECTION
 WITH THE MATTER. IT SHALL BE THE DUTY  OF  ALL  PUBLIC  OFFICERS,  THEIR
 DEPUTIES,  ASSISTANTS,  SUBORDINATES,  CLERKS OR EMPLOYEES AND ALL OTHER
 PERSONS TO RENDER AND FURNISH TO THE SUPERINTENDENT, WHEN  REQUESTED  IN
 CONNECTION  WITH AN INVESTIGATION UNDER THIS SUBSECTION, ALL INFORMATION
 AND ASSISTANCE IN THEIR POSSESSION OR WITHIN THEIR POWER.
   (E) ANY ENTITY WHO VIOLATES AN ORDER UNDER SUBSECTION (C)  OR  (D)  OF
 THIS  SECTION  SHALL  BE  SUBJECT TO A CIVIL PENALTY, AFTER NOTICE AND A
 HEARING, OF NOT MORE THAN TEN THOUSAND DOLLARS PER ACT IN VIOLATION,  IN
 ADDITION TO ANY OTHER PENALTY PROVIDED BY LAW.
   (F)  ANY  COMMUNICATIONS  OR  DOCUMENTS SENT OR RECEIVED IN CONNECTION
 WITH AN INVESTIGATION UNDER THIS ARTICLE,  AND  MATERIALS  REFERRING  TO
 SUCH INFORMATION IN THE POSSESSION OF THE SUPERINTENDENT SHALL BE CONFI-
 DENTIAL AND NOT SUBJECT TO DISCLOSURE BY THE SUPERINTENDENT EXCEPT WHERE
 AND  AS  THE  SUPERINTENDENT DETERMINES THAT DISCLOSURE IS IN THE PUBLIC
 INTEREST.  THIS SUBSECTION SHALL NOT APPLY TO INFORMATION, DOCUMENTS AND
 MATERIALS IN THE POSSESSION AND UNDER THE CONTROL  OF  AN  ENTITY  OTHER
 THAN THE SUPERINTENDENT.
   §  3004.  REPORTING OF DRUG PRICE INCREASES. (A)(1) NO MANUFACTURER OR
 WHOLESALER MAY CHARGE ANY PRICE FOR A  DRUG  BASED  ON  AN  INCREASE  IN
 WHOLESALE ACQUISITION COST, AVERAGE WHOLESALE PRICE, OR ANY OTHER METRIC
 UNLESS THE MANUFACTURER SHALL FIRST REPORT THE PRICE TO THE DEPARTMENT.
   (2)  NO ENTITY MAY SELL OR DISTRIBUTE IN THIS STATE ANY DRUG FOR WHICH
 A REPORT WAS REQUIRED TO BE MADE UNDER THIS SUBSECTION UNTIL SUCH REPORT
 IS MADE.
   (B) THE REPORT REQUIRED BY SUBSECTION (A) OF  THIS  SECTION  SHALL  BE
 MADE  IN  A  FORM  AND MANNER PRESCRIBED BY THE SUPERINTENDENT, SHALL BE
 S. 4007--A                         221                        A. 3007--A
 
 MADE INDIVIDUALLY FOR EACH NATIONAL DRUG CODE,  AND  SHALL  INCLUDE  THE
 FOLLOWING:
   (1) THE NAME OR NAMES OF THE DRUG;
   (2) THE NATIONAL DRUG CODE FOR THE DRUG;
   (3) THE PRICE OF THE DRUG PRIOR TO THE INCREASE;
   (4) THE PRICE OF THE DRUG FOLLOWING THE INCREASE;
   (5) THE EFFECTIVE DATE OF THE INCREASE;
   (6) THE DATE ON WHICH THE DECISION WAS MADE TO INCREASE THE PRICE; AND
   (7) THE REASON AND JUSTIFICATION FOR THE INCREASE.
   (C) NOT LATER THAN MAY FIRST, TWO THOUSAND TWENTY-FIVE, THE DEPARTMENT
 SHALL BEGIN PUBLISHING REPORTS RECEIVED UNDER THIS SECTION ON A PUBLICLY
 ACCESSIBLE ONLINE DATABASE, WHICH IS SEARCHABLE AT LEAST BY MANUFACTURER
 NAME,  DRUG  NAME,  AND  NATIONAL DRUG CODE. REPORTS SHALL BE POSTED NOT
 LATER THAN FIFTEEN BUSINESS DAYS  AFTER  THEY  ARE  RECEIVED  AND  SHALL
 REMAIN  ON  THE DATABASE FOR NOT LESS THAN ONE HUNDRED EIGHTY DAYS AFTER
 THE EFFECTIVE DATE OF THE INCREASE OR THE FIRST DATE THE REPORT IS POST-
 ED, WHICHEVER IS LATER, PROVIDED, HOWEVER, THAT THE  SUPERINTENDENT  MAY
 DELAY THE POSTING OF A REPORT IF POSTING WITHIN FIFTEEN BUSINESS DAYS OF
 RECEIPT IS NOT FEASIBLE.
   (D) NOTWITHSTANDING ANY LAW TO THE CONTRARY, THE INFORMATION CONTAINED
 IN  PARAGRAPHS  SIX  AND  SEVEN OF SUBSECTION (B) OF THIS SECTION OR ANY
 STATEMENT REQUIRED UNDER SUBSECTION (G) OF THIS SECTION,  TOGETHER  WITH
 ANY  COMMUNICATIONS, DOCUMENTS, AND MATERIALS REFERRING TO SUCH INFORMA-
 TION IN THE POSSESSION OF THE SUPERINTENDENT, SHALL BE CONFIDENTIAL  AND
 NOT SUBJECT TO DISCLOSURE BY THE SUPERINTENDENT, EXCEPT WHERE THE SUPER-
 INTENDENT  DETERMINES  THAT  DISCLOSURE  IS IN THE PUBLIC INTEREST. THIS
 SUBSECTION SHALL NOT APPLY TO INFORMATION, DOCUMENTS  AND  MATERIALS  IN
 THE  POSSESSION AND UNDER THE CONTROL OF AN ENTITY OTHER THAN THE SUPER-
 INTENDENT.
   (E) NO REPORT SHALL BE CONSIDERED VALIDLY FILED UNLESS ACCOMPANIED  BY
 A FILING FEE IN AN AMOUNT SET FORTH IN THIS SUBSECTION.
   (1) FOR ANY REPORT INVOLVING AN INCREASE THAT WILL NOT TAKE EFFECT FOR
 ONE  HUNDRED TWENTY DAYS OR MORE AND FOR WHICH THE EFFECTIVE DATE OF THE
 CHANGE IS BETWEEN THE FIRST OF JANUARY AND THE THIRTY-FIRST  OF  JANUARY
 AND:
   (A)  FOR  WHICH  THE INCREASE WILL RESULT IN A CHANGE OF LESS THAN TEN
 PERCENT PER UNIT OVER THE PRICE OF THE SAME DRUG  THREE  HUNDRED  SIXTY-
 FIVE  DAYS  BEFORE  THE  EFFECTIVE  DATE OF THE CHANGE, THE FEE SHALL BE
 TWENTY-FIVE DOLLARS;
   (B) FOR WHICH THE INCREASE WILL RESULT IN A CHANGE OF LESS THAN  TWEN-
 TY-FIVE  PERCENT  PER UNIT OVER THE PRICE OF THE SAME DRUG THREE HUNDRED
 SIXTY-FIVE DAYS BEFORE THE EFFECTIVE DATE OF THE CHANGE, THE  FEE  SHALL
 BE TWENTY-FIVE DOLLARS;
   (C)  FOR WHICH THE INCREASE WILL RESULT IN A CHANGE OF LESS THAN FIFTY
 PERCENT PER UNIT OVER THE PRICE OF THE SAME DRUG  THREE  HUNDRED  SIXTY-
 FIVE  DAYS BEFORE THE EFFECTIVE DATE OF THE CHANGE, THE FEE SHALL BE TWO
 HUNDRED FIFTY DOLLARS; OR
   (D) FOR WHICH THE INCREASE WILL RESULT IN A CHANGE OF FIFTY PERCENT OR
 GREATER PER UNIT OVER THE PRICE OF THE SAME DRUG  THREE  HUNDRED  SIXTY-
 FIVE  DAYS BEFORE THE EFFECTIVE DATE OF THE CHANGE, THE FEE SHALL BE ONE
 THOUSAND DOLLARS.
   (2) FOR ANY REPORT INVOLVING AN INCREASE THAT WILL NOT TAKE EFFECT FOR
 ONE HUNDRED TWENTY DAYS OR MORE AND FOR  WHICH  THE  EFFECTIVE  DATE  IS
 OUTSIDE OF THE MONTH OF JANUARY AND:
   (A)  FOR  WHICH  THE INCREASE WILL RESULT IN A CHANGE OF LESS THAN TEN
 PERCENT PER UNIT OVER THE PRICE OF THE SAME DRUG  THREE  HUNDRED  SIXTY-
 S. 4007--A                         222                        A. 3007--A
 
 FIVE  DAYS BEFORE THE EFFECTIVE DATE OF THE CHANGE, THE FEE SHALL BE TWO
 THOUSAND FIVE HUNDRED DOLLARS;
   (B)  FOR WHICH THE INCREASE WILL RESULT IN A CHANGE OF LESS THAN TWEN-
 TY-FIVE PERCENT PER UNIT OVER THE PRICE OF THE SAME DRUG  THREE  HUNDRED
 SIXTY-FIVE  DAYS  BEFORE THE EFFECTIVE DATE OF THE CHANGE, THE FEE SHALL
 BE FIVE THOUSAND DOLLARS;
   (C) FOR WHICH THE INCREASE WILL RESULT IN A CHANGE OF LESS THAN  FIFTY
 PERCENT  PER  UNIT  OVER THE PRICE OF THE SAME DRUG THREE HUNDRED SIXTY-
 FIVE DAYS BEFORE THE EFFECTIVE DATE OF THE  CHANGE,  THE  FEE  SHALL  BE
 SEVEN THOUSAND FIVE HUNDRED DOLLARS; OR
   (D) FOR WHICH THE INCREASE WILL RESULT IN A CHANGE OF FIFTY PERCENT OR
 GREATER  PER  UNIT  OVER THE PRICE OF THE SAME DRUG THREE HUNDRED SIXTY-
 FIVE DAYS BEFORE THE EFFECTIVE DATE OF THE CHANGE, THE FEE SHALL BE  TEN
 THOUSAND DOLLARS.
   (3) FOR ANY REPORT INVOLVING AN INCREASE THAT WILL TAKE EFFECT IN LESS
 THAN  ONE  HUNDRED  TWENTY  DAYS AND FOR WHICH THE EFFECTIVE DATE OF THE
 CHANGE IS BETWEEN THE FIRST OF JANUARY AND THE THIRTY-FIRST  OF  JANUARY
 AND:
   (A)  FOR  WHICH  THE INCREASE WILL RESULT IN A CHANGE OF LESS THAN TEN
 PERCENT PER UNIT OVER THE PRICE OF THE SAME DRUG  THREE  HUNDRED  SIXTY-
 FIVE  DAYS BEFORE THE EFFECTIVE DATE OF THE CHANGE, THE FEE SHALL BE TWO
 THOUSAND FIVE HUNDRED DOLLARS;
   (B) FOR WHICH THE INCREASE WILL RESULT IN A CHANGE OF LESS THAN  TWEN-
 TY-FIVE  PERCENT  PER UNIT OVER THE PRICE OF THE SAME DRUG THREE HUNDRED
 SIXTY-FIVE DAYS BEFORE THE EFFECTIVE DATE OF THE CHANGE, THE  FEE  SHALL
 BE FIVE THOUSAND DOLLARS;
   (C)  FOR WHICH THE INCREASE WILL RESULT IN A CHANGE OF LESS THAN FIFTY
 PERCENT PER UNIT OVER THE PRICE OF THE SAME DRUG  THREE  HUNDRED  SIXTY-
 FIVE  DAYS  BEFORE  THE  EFFECTIVE  DATE OF THE CHANGE, THE FEE SHALL BE
 SEVEN THOUSAND FIVE HUNDRED DOLLARS; OR
   (D) FOR WHICH THE INCREASE WILL RESULT IN A CHANGE OF FIFTY PERCENT OR
 GREATER PER UNIT OVER THE PRICE OF THE SAME DRUG  THREE  HUNDRED  SIXTY-
 FIVE  DAYS BEFORE THE EFFECTIVE DATE OF THE CHANGE, THE FEE SHALL BE TEN
 THOUSAND DOLLARS.
   (4) FOR ANY REPORT INVOLVING AN INCREASE THAT WILL TAKE EFFECT IN LESS
 THAN ONE HUNDRED TWENTY DAYS AND FOR WHICH THE  EFFECTIVE  DATE  OF  THE
 CHANGE IS OUTSIDE OF THE MONTH OF JANUARY AND:
   (A)  FOR  WHICH  THE INCREASE WILL RESULT IN A CHANGE OF LESS THAN TEN
 PERCENT PER UNIT OVER THE PRICE OF THE SAME DRUG  THREE  HUNDRED  SIXTY-
 FIVE  DAYS  BEFORE  THE  EFFECTIVE  DATE OF THE CHANGE, THE FEE SHALL BE
 TWENTY-FIVE THOUSAND DOLLARS;
   (B) FOR WHICH THE INCREASE WILL RESULT IN A CHANGE OF LESS THAN  TWEN-
 TY-FIVE  PERCENT  PER UNIT OVER THE PRICE OF THE SAME DRUG THREE HUNDRED
 SIXTY-FIVE DAYS BEFORE THE EFFECTIVE DATE OF THE CHANGE, THE  FEE  SHALL
 BE FIFTY THOUSAND DOLLARS;
   (C)  FOR WHICH THE INCREASE WILL RESULT IN A CHANGE OF LESS THAN FIFTY
 PERCENT PER UNIT OVER THE PRICE OF THE SAME DRUG  THREE  HUNDRED  SIXTY-
 FIVE  DAYS  BEFORE  THE  EFFECTIVE  DATE OF THE CHANGE, THE FEE SHALL BE
 SEVENTY-FIVE THOUSAND DOLLARS; OR
   (D) FOR WHICH THE INCREASE WILL RESULT IN A CHANGE OF FIFTY PERCENT OR
 GREATER PER UNIT OVER THE PRICE OF THE SAME DRUG  THREE  HUNDRED  SIXTY-
 FIVE  DAYS BEFORE THE EFFECTIVE DATE OF THE CHANGE, THE FEE SHALL BE ONE
 HUNDRED THOUSAND DOLLARS.
   (5) FOR ANY REPORT MADE AFTER THE EFFECTIVE DATE OF  THE  CHANGE,  THE
 FEE  SHALL BE ONE HUNDRED THOUSAND DOLLARS PLUS TEN THOUSAND DOLLARS FOR
 EACH DAY AFTER THE EFFECTIVE DATE BEFORE THE REPORT IS MADE.
 S. 4007--A                         223                        A. 3007--A
 
   (F) AFTER NOTICE AND A HEARING, THE SUPERINTENDENT MAY IMPOSE A  CIVIL
 PENALTY ON ANY ENTITY THAT VIOLATES SUBSECTION (A) OF THIS SECTION IN AN
 AMOUNT  NOT  TO EXCEED ONE MILLION DOLLARS PER VIOLATION. IN CONSIDERING
 THE AMOUNT OF ANY SUCH CIVIL PENALTY, THE SUPERINTENDENT SHALL CONSIDER:
   (1) THE TIMING OF THE INCREASE;
   (2) THE COST OF THE DRUG;
   (3) THE IMPACT ON CONSUMERS;
   (4) WHETHER SUCH VIOLATION IS A FIRST OFFENSE; AND
   (5)  REMEDIAL  MEASURES  THE ENTITY HAS PUT IN PLACE TO PREVENT FUTURE
 VIOLATIONS.
   (G) WHENEVER A REPORT IS MADE INVOLVING AN  INCREASE  THAT  WILL  TAKE
 EFFECT  IN  LESS  THAN  ONE HUNDRED TWENTY DAYS, THE MANUFACTURER OF THE
 DRUG SHALL PROVIDE TO THE SUPERINTENDENT A STATEMENT OF THE REASON  THAT
 THE INCREASE MUST TAKE EFFECT IN LESS THAN ONE HUNDRED TWENTY DAYS. WHEN
 THE  SUPERINTENDENT BELIEVES IT IS IN THE PUBLIC INTEREST THAT AN INVES-
 TIGATION BE MADE, THE SUPERINTENDENT MAY MAKE  INDEPENDENT  AND  SPECIAL
 INVESTIGATIONS INTO THE MATTER AS THE SUPERINTENDENT DEEMS APPROPRIATE.
   §  3005.  REPORTING OF PAY FOR DELAY AGREEMENTS. (A) EACH MANUFACTURER
 DOING BUSINESS IN THIS STATE THAT MANUFACTURES A BRAND NAME PRESCRIPTION
 DRUG AND ENTERS INTO AN ARRANGEMENT,  THROUGH  AGREEMENT  OR  OTHERWISE,
 WITH  ANOTHER PHARMACEUTICAL MANUFACTURER THAT HAS THE PURPOSE OR EFFECT
 OF DELAYING OR PREVENTING SUCH OTHER  MANUFACTURER  FROM  INTRODUCING  A
 GENERIC  SUBSTITUTE  FOR SUCH DRUG INTO THE MARKETPLACE SHALL, NOT LATER
 THAN THIRTY DAYS AFTER ENTERING INTO SUCH ARRANGEMENT,  SEND  NOTICE  TO
 THE  SUPERINTENDENT,  IN A FORM AND MANNER PRESCRIBED BY THE SUPERINTEN-
 DENT, DISCLOSING THE NAME OF SUCH DRUG, THE WHOLESALE PRICE, THE DISEASE
 OR DISEASES SUCH DRUG IS COMMONLY PRESCRIBED TO TREAT, THE  MANUFACTURER
 OF  SUCH  DRUG,  THE NAME OF THE GENERIC MANUFACTURER, THE LENGTH OF THE
 DELAY, AND SUCH OTHER INFORMATION AS THE SUPERINTENDENT MAY REQUIRE.
   (B) THE SUPERINTENDENT SHALL, NO LATER THAN THIRTY DAYS AFTER  RECEIV-
 ING  A NOTICE PURSUANT TO SUBSECTION (A) OF THIS SECTION, PROVIDE NOTICE
 OF THE FILING TO THE DRUG ACCOUNTABILITY  BOARD,  THE  DRUG  UTILIZATION
 REVIEW  BOARD  ESTABLISHED  UNDER SECTION THREE HUNDRED SIXTY-NINE-BB OF
 THE SOCIAL SERVICES LAW AND ALL  MEDICAID  MANAGED  CARE  PLANS,  HEALTH
 PLANS  AND PHARMACY BENEFITS MANAGERS. IT SHALL BE SUFFICIENT NOTICE FOR
 THE SUPERINTENDENT TO MAKE AVAILABLE AN EMAIL NOTIFICATION LIST TO WHICH
 ANY OF THE AFOREMENTIONED ENTITIES MAY ELECT TO RECEIVE NOTICE.
   (C) NO LATER THAN JUNE FIRST, TWO THOUSAND TWENTY-FOUR, THE DEPARTMENT
 SHALL POST ON ITS WEBSITE WITHIN THIRTY DAYS OF RECEIPT THEREOF, ALL THE
 NOTICES REQUIRED PURSUANT TO SUBSECTION (A) OF THIS SECTION IN A  FORMAT
 AND  MANNER  DEVELOPED BY THE SUPERINTENDENT THAT IS SEARCHABLE BY DRUG,
 COST, DISEASE, AND MANUFACTURER BOTH FOR THE BRAND AND GENERIC DRUG  FOR
 PUBLIC REVIEW.
   (D) EACH NOTICE REQUIRED UNDER SUBSECTION (A) OF THIS SECTION SHALL BE
 ACCOMPANIED BY A FILING FEE OF ONE HUNDRED DOLLARS.
   (E)  FOR  A VIOLATION BY A MANUFACTURER OF A BRAND NAME DRUG WHO KNOW-
 INGLY OR NEGLIGENTLY FAILS TO NOTIFY THE SUPERINTENDENT AS  REQUIRED  IN
 SUBSECTION  (A)  OF  THIS  SECTION,  THE  SUPERINTENDENT SHALL FINE SUCH
 MANUFACTURER NO LESS THAN  FIVE  THOUSAND  DOLLARS  FOR  EACH  DAY  SUCH
 MANUFACTURER FAILS TO PROPERLY NOTIFY THE SUPERINTENDENT PURSUANT TO THE
 REQUIREMENTS  OF  THIS  SECTION FOR THE FIRST VIOLATION AND NO LESS THAN
 TEN THOUSAND DOLLARS FOR EACH DAY SUCH MANUFACTURER  FAILS  TO  PROPERLY
 NOTIFY  THE  SUPERINTENDENT PURSUANT TO THE REQUIREMENTS OF THIS SECTION
 FOR EACH VIOLATION THEREAFTER.
   § 3006. REGISTRATION OF  PHARMACY  SERVICES  ADMINISTRATIVE  ORGANIZA-
 TIONS.    (A)  NO  PSAO  SHALL OPERATE IN THIS STATE AFTER MARCH THIRTY-
 S. 4007--A                         224                        A. 3007--A
 
 FIRST, TWO THOUSAND  TWENTY-FOUR  WITHOUT  FIRST  REGISTERING  WITH  THE
 DEPARTMENT.
   (B)  A  PSAO  SEEKING  REGISTRATION  SHALL  FILE, IN A FORM AND MANNER
 DETERMINED BY THE SUPERINTENDENT, INFORMATION THAT INCLUDES AT  A  MINI-
 MUM:
   (1) THE LEGAL NAME OF THE ENTITY;
   (2) ANY TRADE OR OTHER NAMES USED BY THE ENTITY;
   (3) THE ORGANIZATIONAL STRUCTURE OF THE ENTITY;
   (4)  THE  PHARMACIES  LOCATED  WITHIN THIS STATE WITH WHICH THE ENTITY
 PROVIDES SERVICES;
   (5) THE PERSONS WHO EXERCISE CONTROL OF THE ENTITY;
   (6) A PRIMARY POINT OF CONTACT FOR THE ENTITY;
   (7) AN AGENT FOR SERVICE OF PROCESS;
   (8) A SET OF AUDITED FINANCIALS FOR THE PRIOR FISCAL YEAR; AND
   (9) SUCH OTHER INFORMATION AS THE SUPERINTENDENT SHALL REQUIRE.
   (C) THE SUPERINTENDENT SHALL ACCEPT A REGISTRATION ONLY IF THE  SUPER-
 INTENDENT DETERMINES THAT ALL THE REQUIRED INFORMATION HAS BEEN PROVIDED
 IN  A  SATISFACTORY  FORM  AND  HAS  RECEIVED PAYMENT OF A NONREFUNDABLE
 REGISTRATION FEE OF FIVE THOUSAND DOLLARS.
   (D) IF ANY OF THE INFORMATION  CONTAINED  IN  THE  REGISTRATION  SHALL
 CHANGE, THE PSAO SHALL NOTIFY THE DEPARTMENT OF THE CHANGE IN A FORM AND
 MANNER  PRESCRIBED BY THE SUPERINTENDENT FOR SUCH PURPOSE WITHIN TWENTY-
 ONE DAYS OF THE CHANGE. THE REQUIREMENT  TO  UPDATE  SHALL  INCLUDE  THE
 FILING  OF A NEW SET OF AUDITED FINANCIALS UPON ADOPTION. FOR ANY CHANGE
 OTHER THAN NEW AUDITED  FINANCIALS,  THE  FILING  SHALL  NOT  BE  DEEMED
 COMPLETE UNLESS ACCOMPANIED BY A PAYMENT OF A FEE OF FIFTY DOLLARS.
   (E)  EVERY  PSAO  REGISTRATION  ISSUED  PURSUANT TO THIS SECTION SHALL
 EXPIRE TWELVE MONTHS AFTER THE DATE OF  ISSUE.  A  PSAO  MAY  RENEW  ITS
 REGISTRATION FOR ANOTHER TWELVE MONTHS UPON THE FILING OF AN APPLICATION
 IN CONFORMITY WITH THIS SECTION.
   (F)  BEFORE  A PSAO REGISTRATION SHALL BE RENEWED, THE PSAO SHALL FILE
 AN  APPLICATION  FOR  RENEWAL  IN  SUCH  FORM  AS   THE   SUPERINTENDENT
 PRESCRIBES, AND PAY A FEE OF FIVE THOUSAND DOLLARS.
   (G)  IF  A PSAO FILES A RENEWAL APPLICATION WITH THE SUPERINTENDENT AT
 LEAST ONE MONTH BEFORE ITS EXPIRATION, THEN THE REGISTRATION  SOUGHT  TO
 BE  RENEWED  SHALL  CONTINUE  IN  FULL FORCE AND EFFECT EITHER UNTIL THE
 ISSUANCE BY THE SUPERINTENDENT OF THE RENEWAL REGISTRATION  APPLIED  FOR
 OR  UNTIL FIVE DAYS AFTER THE SUPERINTENDENT SHALL HAVE REFUSED TO ISSUE
 SUCH RENEWAL REGISTRATION AND GIVEN NOTICE OF SUCH REFUSAL TO THE APPLI-
 CANT, OTHERWISE THE PSAO REGISTRATION SHALL EXPIRE  AND  THE  REGISTRANT
 SHALL HAVE NO EXPECTATION OF RENEWAL.
   §  3007.  REQUIRED  DISCLOSURES  BY  PHARMACY  SERVICES ADMINISTRATIVE
 ORGANIZATIONS. (A) (1) EACH PSAO  SHALL  AT  THE  TIME  OF  REGISTRATION
 PURSUANT  TO  SECTION THREE THOUSAND SIX OF THIS ARTICLE DISCLOSE TO THE
 DEPARTMENT THE EXTENT OF ANY OWNERSHIP OR CONTROL OF THE PSAO OR BY  THE
 PSAO OF ANY PARENT COMPANY, SUBSIDIARY, OR AFFILIATE THAT:
   (A) PROVIDES PHARMACY SERVICES;
   (B) PROVIDES PRESCRIPTION DRUG OR DEVICE SERVICES; OR
   (C)  MANUFACTURES,  SELLS,  OR DISTRIBUTES PRESCRIPTION DRUGS, BIOLOG-
 ICALS, OR MEDICAL DEVICES.
   (2) A PSAO SHALL FURNISH A COPY OF THE DISCLOSURE MADE AT THE TIME  OF
 REGISTRATION  TO  ALL PHARMACIES LOCATED IN THIS STATE WITH WHICH IT HAS
 CONTRACT IN PLACE AT THE TIME OF THE  REGISTRATION.  A  PSAO  SHALL  NOT
 COLLECT  ANY  FEE FOR ANY SERVICES PROVIDED TO A PHARMACY FOR ANY PERIOD
 BEGINNING FIVE DAYS AFTER THE FILING OF A REGISTRATION WITH THE  DEPART-
 MENT UNTIL THE DISCLOSURE IS SENT TO THE PHARMACY.
 S. 4007--A                         225                        A. 3007--A
 
   (3)  NOT LATER THAN APRIL FIRST, TWO THOUSAND TWENTY-FIVE, THE DEPART-
 MENT SHALL PUBLISH ALL DISCLOSURES RECEIVED UNDER THIS SUBSECTION  ON  A
 PUBLICLY  ACCESSIBLE  ONLINE  DATABASE,  WHICH IS SEARCHABLE AT LEAST BY
 PSAO NAME. ALL DISCLOSURES SHALL BE POSTED NOT LATER THAN  TEN  BUSINESS
 DAYS  AFTER  A REGISTRATION IS ACCEPTED AND SHALL REMAIN ON THE DATABASE
 FOR THE DURATION OF THE REGISTRATION OF THE PSAO.
   (B) (1) PRIOR TO ENTERING INTO ANY CONTRACT WITH ANY PHARMACY  LOCATED
 IN  THIS STATE, INCLUDING A CONTRACT WITH A GROUP OF PHARMACIES AT LEAST
 ONE OF WHICH IS IN THIS STATE, A PSAO SHALL FURNISH TO  THE  PHARMACY  A
 WRITTEN  DISCLOSURE  OF  THE  INFORMATION  REQUIRED  TO  BE DISCLOSED IN
 SUBSECTION (A) OF THIS SECTION. NO CONTRACT WITH  A  PHARMACY  SHALL  BE
 ENFORCEABLE  AGAINST  THE PHARMACY BY A PSAO UNLESS THAT PSAO MAKES THIS
 DISCLOSURE PRIOR TO THE  AGREEMENT.  IN  ADDITION  TO  ANY  OTHER  POWER
 CONFERRED  BY  LAW, THE SUPERINTENDENT MAY PRESCRIBE THE FORM AND MANNER
 OF SUCH DISCLOSURES.
   (2) A PSAO THAT OWNS, IS OWNED BY, IN WHOLE OR IN  PART,  OR  CONTROLS
 ANY  ENTITY THAT MANUFACTURES, SELLS, OR DISTRIBUTES PRESCRIPTION DRUGS,
 BIOLOGICALS, OR MEDICAL DEVICES SHALL NOT, AS A  CONDITION  OF  ENTERING
 INTO  A CONTRACT WITH A PHARMACY, REQUIRE THAT THE PHARMACY PURCHASE ANY
 DRUGS OR MEDICAL DEVICES FROM AN ENTITY WITH WHICH THE PSAO HAS A FINAN-
 CIAL INTEREST, OR AN ENTITY WITH AN OWNERSHIP INTEREST IN THE PSAO.
   (3) NO PSAO SHALL ENTER INTO A CONTRACT WITH A PHARMACY IN THIS  STATE
 UNLESS  THAT  CONTRACT  SHALL  PROVIDE  THAT  ALL REMITTANCES FOR CLAIMS
 SUBMITTED BY A PHARMACY BENEFIT MANAGER OR THIRD-PARTY PAYER  ON  BEHALF
 OF  A  PHARMACY  TO  THE PSAO SHALL BE PASSED THROUGH BY THE PSAO TO THE
 PHARMACY  WITHIN  A  REASONABLE  AMOUNT  OF  TIME,  ESTABLISHED  IN  THE
 CONTRACT,  AFTER RECEIPT OF THE REMITTANCE BY THE PSAO FROM THE PHARMACY
 BENEFIT MANAGER OR THIRD-PARTY PAYER.
   (C) (1) A PSAO  THAT  PROVIDES,  ACCEPTS,  OR  PROCESSES  A  DISCOUNT,
 CONCESSION,  OR  PRODUCT  VOUCHER,  TO REDUCE, DIRECTLY OR INDIRECTLY, A
 COVERED INDIVIDUAL'S OUT-OF-POCKET EXPENSE FOR  THE  ORDER,  DISPENSING,
 SUBSTITUTION, SALE, OR PURCHASE OF A PRESCRIPTION DRUG SHALL MAKE AVAIL-
 ABLE  TO  EACH PHARMACY IN THIS STATE THAT IT CONTRACTS WITH OR WHICH IT
 CONTRACTED WITH IN THE  PRIOR  CALENDAR  YEAR,  AN  ANNUAL  REPORT  THAT
 INCLUDES:
   (A) AN AGGREGATED TOTAL OF ALL SUCH TRANSACTIONS, BY THE PHARMACY; AND
   (B)  AN  AGGREGATED  TOTAL OF ANY PAYMENTS RECEIVED BY THE PSAO ITSELF
 FOR PROVIDING, PROCESSING, OR ACCEPTING  ANY  DISCOUNT,  CONCESSION,  OR
 PRODUCT VOUCHER ON BEHALF OF A PHARMACY.
   (2) A PHARMACY IN THIS STATE THAT IS A PARTY TO A CONTRACT WITH A PSAO
 SHALL  HAVE  A  RIGHT TO AN ACCOUNTING OF THE FUNDS RECEIVED BY THE PSAO
 FOR GOODS OR SERVICES PROVIDED BY THE PHARMACY TO PATIENTS  AND  CUSTOM-
 ERS.
   §  3008.  REGISTRATION  OF  PHARMACY  SWITCH  COMPANIES. (A) NO SWITCH
 COMPANY MAY DO BUSINESS IN THIS STATE AFTER JUNE THIRTIETH, TWO THOUSAND
 TWENTY-FOUR WITHOUT FIRST REGISTERING WITH THE DEPARTMENT.
   (B) A SWITCH COMPANY SEEKING REGISTRATION SHALL FILE WITH THE  DEPART-
 MENT, IN A FORM AND MANNER DETERMINED BY THE SUPERINTENDENT, INFORMATION
 INCLUDING BUT NOT LIMITED TO:
   (1) THE LEGAL NAME OF THE ENTITY;
   (2) ANY TRADE OR OTHER NAMES USED BY THE ENTITY;
   (3) THE ORGANIZATIONAL STRUCTURE OF THE ENTITY;
   (4)  THE PHARMACIES LOCATED WITHIN THIS STATE AND THE PHARMACY BENEFIT
 MANAGERS LICENSED IN THIS STATE WITH WHICH THE ENTITY PROVIDES SERVICES;
   (5) THE PERSONS WHO EXERCISE CONTROL OF THE ENTITY;
   (6) A PRIMARY POINT OF CONTACT FOR THE ENTITY;
 S. 4007--A                         226                        A. 3007--A
 
   (7) AN AGENT FOR SERVICE OF PROCESS;
   (8) A SET OF AUDITED FINANCIALS FOR THE PRIOR FISCAL YEAR; AND
   (9)  SUCH  OTHER  INFORMATION OR DOCUMENTS AS THE SUPERINTENDENT SHALL
 REQUIRE.
   (C) THE SUPERINTENDENT SHALL ACCEPT A REGISTRATION ONLY IF HE  OR  SHE
 DEEMS THAT ALL THE REQUIRED INFORMATION HAS BEEN PROVIDED IN A SATISFAC-
 TORY  FORM  AND HAS RECEIVED PAYMENT OF A NONREFUNDABLE REGISTRATION FEE
 OF ONE THOUSAND DOLLARS.
   (D) IF ANY OF THE INFORMATION  CONTAINED  IN  THE  REGISTRATION  SHALL
 CHANGE,  THE SWITCH COMPANY SHALL NOTIFY THE DEPARTMENT OF THE CHANGE IN
 A FORM AND MANNER PRESCRIBED BY  THE  SUPERINTENDENT  FOR  SUCH  PURPOSE
 WITHIN  TWENTY-ONE  DAYS  OF THE CHANGE. THE REQUIREMENT TO UPDATE SHALL
 INCLUDE THE FILING OF A NEW SET OF AUDITED FINANCIALS UPON ADOPTION. FOR
 ANY CHANGE OTHER THAN NEW AUDITED FINANCIALS, THE FILING  SHALL  NOT  BE
 DEEMED  COMPLETE  UNLESS  ACCOMPANIED  BY  A  PAYMENT  OF A FEE OF FIFTY
 DOLLARS.
   (E) EVERY PHARMACY SWITCH COMPANY'S REGISTRATION SHALL  EXPIRE  TWELVE
 MONTHS  AFTER  THE  DATE OF ISSUE. EVERY REGISTRATION ISSUED PURSUANT TO
 THIS SECTION MAY BE RENEWED FOR THE ENSUING PERIOD OF TWELVE MONTHS UPON
 THE FILING OF AN APPLICATION IN CONFORMITY WITH THIS SUBSECTION.
   (F) BEFORE A PHARMACY SWITCH COMPANY'S REGISTRATION SHALL BE  RENEWED,
 THE  PHARMACY  SWITCH  COMPANY  SHALL PROPERLY FILE IN THE OFFICE OF THE
 SUPERINTENDENT AN APPLICATION FOR RENEWAL IN SUCH  FORM  AS  THE  SUPER-
 INTENDENT PRESCRIBES, AND PAY A FEE OF ONE THOUSAND DOLLARS.
   (G) IF AN APPLICATION FOR A RENEWAL REGISTRATION SHALL HAVE BEEN FILED
 WITH  THE  SUPERINTENDENT AT LEAST ONE MONTH BEFORE ITS EXPIRATION, THEN
 THE REGISTRATION SOUGHT TO BE RENEWED SHALL CONTINUE IN FULL  FORCE  AND
 EFFECT  EITHER  UNTIL  THE ISSUANCE BY THE SUPERINTENDENT OF THE RENEWAL
 REGISTRATION APPLIED FOR OR UNTIL FIVE  DAYS  AFTER  THE  SUPERINTENDENT
 SHALL  HAVE  REFUSED TO ISSUE SUCH RENEWAL REGISTRATION AND GIVEN NOTICE
 OF SUCH REFUSAL TO  THE  APPLICANT,  OTHERWISE  THE  REGISTRATION  SHALL
 EXPIRE AND THE REGISTRANT SHALL HAVE NO EXPECTATION OF RENEWAL.
   §  3009.  REQUIRED  DISCLOSURES BY PHARMACY SWITCH COMPANIES. (A) EACH
 SWITCH COMPANY SHALL ANNUALLY DISCLOSE TO THE DEPARTMENT, IN A FORM  AND
 MANNER  PRESCRIBED BY THE SUPERINTENDENT, SUCH INFORMATION AS THE SUPER-
 INTENDENT DEEMS NECESSARY FOR THE PROPER SUPERVISION  OF  THE  INDUSTRY.
 SUCH INFORMATION SHALL INCLUDE:
   (1)  A LIST OF SERVICES THE SWITCH COMPANY PROVIDES AND THE INDUSTRIES
 TO WHICH THEY ARE PROVIDED;
   (2) INFORMATION ON ELECTRONIC VOUCHER SERVICES PROVIDED BY THE  SWITCH
 COMPANY, INCLUDING:
   (A) A LIST OF MANUFACTURERS THAT THE SWITCH COMPANY HAS CONTRACTS WITH
 OR FOR WHICH IT TRANSMITS ELECTRONIC VOUCHERS;
   (B) A LIST OF MEDICATIONS AND THE NATIONAL DRUG CODES (NDCS) FOR WHICH
 THE SWITCH COMPANY MAY APPLY ELECTRONIC VOUCHERS; AND
   (C)  THE TOTAL AMOUNT OF MONEY COLLECTED FROM MANUFACTURERS RELATED TO
 TRANSMISSION OF ELECTRONIC VOUCHERS; AND
   (3) THE NUMBER OF TRANSACTIONS PROCESSED IN THIS STATE AND  THE  TOTAL
 AMOUNT OF REVENUE ATTRIBUTABLE TO THOSE TRANSACTIONS.
   (B)  A  SWITCH COMPANY SHALL DISCLOSE TO EACH PHARMACY BENEFIT MANAGER
 WITH WHICH IT DOES BUSINESS ANY INSTANCE IN WHICH AN ELECTRONIC  VOUCHER
 WAS APPLIED IN THE COURSE OF ROUTING THE CLAIM.
   §  3010.  REGISTRATION OF REBATE AGGREGATORS. (A) NO REBATE AGGREGATOR
 MAY DO BUSINESS IN THIS STATE AFTER SEPTEMBER  THIRTIETH,  TWO  THOUSAND
 TWENTY-FOUR WITHOUT FIRST REGISTERING WITH THE DEPARTMENT.
 S. 4007--A                         227                        A. 3007--A
 
   (B) A REBATE AGGREGATOR SEEKING REGISTRATION SHALL FILE, IN A FORM AND
 MANNER  DETERMINED  BY THE SUPERINTENDENT, INFORMATION INCLUDING BUT NOT
 LIMITED TO:
   (1) THE LEGAL NAME OF THE ENTITY;
   (2) ANY TRADE OR OTHER NAMES USED BY THE ENTITY;
   (3) THE ORGANIZATIONAL STRUCTURE OF THE ENTITY;
   (4)  THE  HEALTH  PLANS  AND THE PHARMACY BENEFIT MANAGERS LICENSED IN
 THIS STATE FOR WHICH THE ENTITY PROVIDES SERVICES;
   (5) THE PERSONS WHO EXERCISE CONTROL OF THE ENTITY;
   (6) A PRIMARY POINT OF CONTACT FOR THE ENTITY;
   (7) AN AGENT FOR SERVICE OF PROCESS;
   (8) A SET OF AUDITED FINANCIALS FOR THE PRIOR FISCAL YEAR; AND
   (9) SUCH OTHER INFORMATION OR DOCUMENTS AS  THE  SUPERINTENDENT  SHALL
 REQUIRE.
   (C)  THE  SUPERINTENDENT SHALL ACCEPT A REGISTRATION ONLY IF HE OR SHE
 DEEMS THAT ALL THE REQUIRED INFORMATION HAS BEEN PROVIDED IN A SATISFAC-
 TORY FORM AND HAS RECEIVED PAYMENT OF A NONREFUNDABLE  REGISTRATION  FEE
 OF ONE THOUSAND DOLLARS.
   (D)  IF  ANY  OF  THE  INFORMATION CONTAINED IN THE REGISTRATION SHALL
 CHANGE THE REBATE AGGREGATOR SHALL NOTIFY THE DEPARTMENT OF  THE  CHANGE
 IN  A  FORM AND MANNER PRESCRIBED BY THE SUPERINTENDENT FOR SUCH PURPOSE
 WITHIN TWENTY-ONE DAYS OF THE CHANGE. THE REQUIREMENT  TO  UPDATE  SHALL
 INCLUDE THE FILING OF A NEW SET OF AUDITED FINANCIALS UPON ADOPTION. FOR
 ANY  CHANGE  OTHER  THAN NEW AUDITED FINANCIALS, THE FILING SHALL NOT BE
 DEEMED COMPLETE UNLESS ACCOMPANIED BY  A  PAYMENT  OF  A  FEE  OF  FIFTY
 DOLLARS.
   (E)  EVERY REBATE AGGREGATOR'S REGISTRATION SHALL EXPIRE TWELVE MONTHS
 AFTER THE DATE OF ISSUE. EVERY  REGISTRATION  ISSUED  PURSUANT  TO  THIS
 SECTION  MAY BE RENEWED FOR THE ENSUING PERIOD OF TWELVE MONTHS UPON THE
 FILING OF AN APPLICATION IN CONFORMITY WITH THIS SUBSECTION.
   (F) BEFORE A REBATE AGGREGATOR'S REGISTRATION SHALL  BE  RENEWED,  THE
 REBATE  AGGREGATOR  SHALL PROPERLY FILE IN THE OFFICE OF THE SUPERINTEN-
 DENT AN APPLICATION FOR RENEWAL  IN  SUCH  FORM  AS  THE  SUPERINTENDENT
 PRESCRIBES, AND PAY A FEE OF ONE THOUSAND DOLLARS.
   (G) IF AN APPLICATION FOR A RENEWAL REGISTRATION SHALL HAVE BEEN FILED
 WITH  THE  SUPERINTENDENT AT LEAST ONE MONTH BEFORE ITS EXPIRATION, THEN
 THE REGISTRATION SOUGHT TO BE RENEWED SHALL CONTINUE IN FULL  FORCE  AND
 EFFECT  EITHER  UNTIL  THE ISSUANCE BY THE SUPERINTENDENT OF THE RENEWAL
 REGISTRATION APPLIED FOR OR UNTIL FIVE  DAYS  AFTER  THE  SUPERINTENDENT
 SHALL  HAVE  REFUSED TO ISSUE SUCH RENEWAL REGISTRATION AND GIVEN NOTICE
 OF SUCH REFUSAL TO  THE  APPLICANT,  OTHERWISE  THE  REGISTRATION  SHALL
 EXPIRE AND THE REGISTRANT SHALL HAVE NO EXPECTATION OF RENEWAL.
   §  3011.  REQUIRED  DISCLOSURES BY REBATE AGGREGATORS. (A) EACH REBATE
 AGGREGATOR THAT HAS A CONTRACT OR ARRANGEMENT WITH  A  PHARMACY  BENEFIT
 MANAGER  SERVING  A  HEALTH  PLAN SHALL, ON AN ANNUAL BASIS, DISCLOSE IN
 WRITING TO THE HEALTH PLAN THE FOLLOWING:
   (1) FEE STRUCTURE PROVISIONS OF ANY CONTRACT  OR  ARRANGEMENT  BETWEEN
 THE REBATE AGGREGATOR AND PHARMACY BENEFIT MANAGER OR DRUG MANUFACTURER,
 INCLUDING:
   (A) FEES COLLECTED FOR AGGREGATING REBATES DUE TO THE HEALTH PLAN; AND
   (B)  SUCH OTHER INFORMATION AS THE SUPERINTENDENT MAY REQUIRE BY REGU-
 LATION; AND
   (2)  QUANTIFICATION  OF  INFLATIONARY   PAYMENTS,   CREDITS,   GRANTS,
 REIMBURSEMENTS,  OTHER  FINANCIAL  OR  OTHER REIMBURSEMENTS, INCENTIVES,
 INDUCEMENTS, REFUNDS OR OTHER BENEFITS RECEIVED BY THE REBATE AGGREGATOR
 S. 4007--A                         228                        A. 3007--A
 
 FROM THE DRUG MANUFACTURER AND RETAINED BY THE REBATE AGGREGATOR, WHETH-
 ER REFERRED TO AS A REBATE, A DISCOUNT, OR OTHERWISE.
   (B)  (1)  EACH  REBATE  AGGREGATOR SHALL, AT THE TIME OF REGISTRATION,
 DISCLOSE TO THE DEPARTMENT THE EXTENT OF ANY OWNERSHIP OR CONTROL OF THE
 REBATE AGGREGATOR OR BY THE REBATE AGGREGATOR  OF  ANY  PARENT  COMPANY,
 SUBSIDIARY,  OR  OTHER  AFFILIATED  ORGANIZATIONS THAT PROVIDES PHARMACY
 BENEFIT MANAGEMENT SERVICES.
   (2) EACH REBATE AGGREGATOR SHALL ON AN ANNUAL BASIS  DISCLOSE  TO  THE
 DEPARTMENT THE INFORMATION REQUESTED BY THE SUPERINTENDENT, INCLUDING:
   (A)  ANY  PAYMENTS  MADE TO A REBATE AGGREGATOR BY A DRUG MANUFACTURER
 RELATING TO A DRUG'S UTILIZATION, INCLUDING INFLATIONARY PAYMENTS, CRED-
 ITS, GRANTS, REIMBURSEMENTS, OTHER FINANCIAL  OR  OTHER  REIMBURSEMENTS,
 INCENTIVES,  INDUCEMENTS,  REFUNDS  OR  OTHER  BENEFITS  RECEIVED BY THE
 REBATE AGGREGATOR, WHETHER REFERRED TO  AS  A  REBATE,  A  DISCOUNT,  OR
 OTHERWISE;
   (B)  ANY  PAYMENTS MADE, INCLUDING THOSE DESCRIBED IN SUBPARAGRAPH (A)
 OF THIS PARAGRAPH AND SUBSEQUENTLY RETAINED BY A REBATE AGGREGATOR;
   (C) ANY FEES CHARGED BY THE REBATE AGGREGATOR TO THE PHARMACY  BENEFIT
 MANAGER OR DRUG MANUFACTURER RELATING TO A DRUG'S UTILIZATION;
   (D)  ANY  PAYMENTS MADE TO A REBATE AGGREGATOR FROM A PROGRAM ADMINIS-
 TERED BY A DRUG MANUFACTURER FOR THE PURPOSE OF ASSISTING PATIENTS  WITH
 THE COST OF PRESCRIPTION DRUGS, INCLUDING COPAYMENT ASSISTANCE PROGRAMS,
 DISCOUNT CARDS, AND COUPONS; AND
   (E)  THE  TERMS  AND CONDITIONS OF ANY CONTRACT OR ARRANGEMENT BETWEEN
 THE REBATE AGGREGATOR AND A PHARMACY BENEFIT MANAGER OR DRUG MANUFACTUR-
 ER.
   § 3012. DEPOSIT OF PENALTIES AND FEES. PENALTIES  AND  FEES  COLLECTED
 PURSUANT  TO  THIS  ARTICLE SHALL BE DEPOSITED INTO THE PHARMACY BENEFIT
 MANAGER REGULATORY FUND ESTABLISHED PURSUANT TO  SECTION  NINETY-NINE-OO
 OF THE STATE FINANCE LAW.
   § 4. Subdivision 3 of section 99-oo of the state finance law, as added
 by chapter 128 of the laws of 2022, is amended to read as follows:
   3.  Such  fund  shall  consist  of money received by the state as fees
 under [article] ARTICLES twenty-nine AND THIRTY of the insurance law  or
 penalties ordered under [article] ARTICLES twenty-nine AND THIRTY of the
 insurance  law  and  all  other monies appropriated, credited, or trans-
 ferred thereto from any other fund or source pursuant to law. All monies
 shall remain in such fund unless and until directed by statute or appro-
 priation.
   § 5.  This act shall take effect on the one hundred fiftieth day after
 it shall have become a law.
 
                                 SUBPART C
 
   Section 1. Subdivision 9 of section 2807-k of the public  health  law,
 as amended by section 17 of part B of chapter 60 of the laws of 2014, is
 amended to read as follows:
   9.  In order for a general hospital to participate in the distribution
 of funds from the pool, the  general  hospital  must  implement  minimum
 collection policies and procedures approved by the commissioner, UTILIZ-
 ING  ONLY  A UNIFORM FINANCIAL ASSISTANCE FORM DEVELOPED AND PROVIDED BY
 THE DEPARTMENT.
   § 2. This act shall take effect April 1, 2024.
 
                                 SUBPART D
 S. 4007--A                         229                        A. 3007--A
 
   Section 1.  Legislative findings.  The legislature finds that it is in
 the best interest of the people of this state to expand  article  77  of
 the  insurance law to protect insureds and health care providers against
 the failure or inability of a health or property/casualty insurer  writ-
 ing  health  insurance  to  perform  its  contractual obligations due to
 financial impairment or insolvency.   The  superintendent  of  financial
 services  has  the right and responsibility to enforce the insurance law
 and the authority to seek redress against any person responsible for the
 impairment or insolvency of the insurer, and  nothing  in  this  act  is
 intended to restrict or limit such right, responsibility, or authority.
   § 2.  The article heading of article 77 of the insurance law, as added
 by chapter 802 of the laws of 1985, is amended to read as follows:
                    THE LIFE AND HEALTH INSURANCE COMPANY
                           GUARANTY CORPORATION
                              OF NEW YORK ACT
   § 3. Section 7701 of the insurance law, as added by chapter 802 of the
 laws of 1985, is amended to read as follows:
   §  7701.  Short title. This article shall be known and may be cited as
 "The Life AND HEALTH Insurance Company Guaranty Corporation of New  York
 Act".
   §  4.  Section 7702 of the insurance law, as amended by chapter 454 of
 the laws of 2014, is amended to read as follows:
   § 7702. Purpose. The purpose of this article is to  provide  funds  to
 protect  policy  owners, insureds, HEALTH CARE PROVIDERS, beneficiaries,
 annuitants, payees and assignees  of  life  insurance  policies,  health
 insurance  policies,  annuity  contracts, funding agreements and supple-
 mental contracts issued by life insurance  companies,  HEALTH  INSURANCE
 COMPANIES, AND PROPERTY/CASUALTY INSURANCE COMPANIES, subject to certain
 limitations,  against  failure  in  the performance of contractual obli-
 gations due to the impairment or insolvency of the insurer issuing  such
 policies,  contracts,  or  funding  agreements.  In  the judgment of the
 legislature, the foregoing objects and purposes  not  being  capable  of
 accomplishment by a corporation created under general laws, the creation
 of  a  not-for-profit  corporation  of  insurers is provided for by this
 article to enable the guarantee of payment of benefits and of  continua-
 tion of coverages, and members of the corporation are subject to assess-
 ment to carry out the purposes of this article.
   §  5.  Paragraphs  1  and  2  of subsection (a) of section 7703 of the
 insurance law, as added by chapter 454 of the laws of 2014, are  amended
 to read as follows:
   (1) This article shall apply to direct life insurance policies, health
 insurance  policies,  annuity contracts, funding agreements, and supple-
 mental contracts issued by a life insurance  company,  HEALTH  INSURANCE
 COMPANY,  OR  PROPERTY/CASUALTY  INSURANCE  COMPANY licensed to transact
 life or health insurance or annuities in this  state  at  the  time  the
 policy,  contract,  or  funding  agreement  was issued or on the date of
 entry of a court order of liquidation or rehabilitation with respect  to
 such a company that is an impaired or insolvent insurer, as the case may
 be.
   (2)  Except  as otherwise provided in this section, this article shall
 apply to the policies, contracts, and funding  agreements  specified  in
 paragraph one of this subsection with regard to a person who is:
   (A)  an owner or certificate holder under a policy, contract, or fund-
 ing agreement and in each case who:
   (i) is a resident OF THIS STATE; or
 S. 4007--A                         230                        A. 3007--A

   (ii) is not a resident OF THIS  STATE,  but  only  under  all  of  the
 following conditions:
   (I) (AA) the insurer that issued the policy, contract, or agreement is
 domiciled in this state; OR
   (BB)  THE  INSURER  THAT  ISSUED THE POLICY, CONTRACT, OR AGREEMENT IS
 DOMICILED OUTSIDE THIS STATE AND THE INSURER  DELIVERED  OR  ISSUED  FOR
 DELIVERY  THE  POLICY,  CONTRACT,  OR AGREEMENT IN THIS STATE; PROVIDED,
 HOWEVER, THAT FOR THE PURPOSE OF THIS SUBITEM, ANY CERTIFICATE ISSUED TO
 AN INDIVIDUAL UNDER ANY GROUP OR BLANKET POLICY OR CONTRACT DELIVERED OR
 ISSUED FOR DELIVERY IN THIS STATE  SHALL  BE  CONSIDERED  TO  HAVE  BEEN
 DELIVERED OR ISSUED FOR DELIVERY IN THIS STATE;
   (II)  the  state  or  states in which the person resides has or have a
 guaranty entity similar to the corporation created by this article; and
   (III) the person is not eligible for coverage by a guaranty entity  in
 any  other  state  because the insurer was not licensed or authorized in
 that state at the time specified in that state's  guaranty  entity  law;
 [or]
   (B)  the  beneficiary,  assignee,  or payee of the person specified in
 subparagraph (A) of this  paragraph,  regardless  of  where  the  person
 resides; OR
   (C)  A  HEALTH  CARE  PROVIDER  THAT HAS RENDERED SERVICES TO A PERSON
 SPECIFIED IN SUBPARAGRAPH (A) OF THIS PARAGRAPH.
   § 6. Subsections (c), (d), (e), (h), and (i) of section  7705  of  the
 insurance  law,  subsections (c), (e) and (i) as added by chapter 802 of
 the laws of 1985 and subsections (d) and (h) as amended by  chapter  454
 of  the  laws  of 2014, are amended and a new subsection (m) is added to
 read as follows:
   (c) "Corporation" means The Life AND HEALTH Insurance Company Guaranty
 Corporation of New York  created  under  section  seven  thousand  seven
 hundred six of this article unless the context otherwise requires.
   (d) "Covered  policy" means any of the kinds of insurance specified in
 paragraph one, two or three of subsection (a) of  section  one  thousand
 one  hundred thirteen of this chapter, any supplemental contract, or any
 funding agreement referred to in  section  three  thousand  two  hundred
 twenty-two  of  this chapter, or any portion or part thereof, within the
 scope of this article under section seven thousand seven  hundred  three
 of  this  article,  except  that any certificate issued to an individual
 under any group OR BLANKET policy or contract shall be considered to  be
 a  separate  covered policy for purposes of section seven thousand seven
 hundred eight of this article.
   (e) "Health insurance" means the kinds of  insurance  specified  under
 items  (i)  and  (ii)  of  paragraph  three  AND PARAGRAPH THIRTY-ONE of
 subsection (a) of section one thousand  one  hundred  thirteen  of  this
 chapter, AND SECTION ONE THOUSAND ONE HUNDRED SEVENTEEN OF THIS CHAPTER;
 MEDICAL  EXPENSE  INDEMNITY, DENTAL EXPENSE INDEMNITY, HOSPITAL SERVICE,
 OR HEALTH SERVICE UNDER ARTICLE FORTY-THREE OF THIS CHAPTER; AND COMPRE-
 HENSIVE HEALTH SERVICES UNDER ARTICLE FORTY-FOUR OF  THE  PUBLIC  HEALTH
 LAW.   "HEALTH INSURANCE" SHALL NOT INCLUDE HOSPITAL, MEDICAL, SURGICAL,
 PRESCRIPTION DRUG, OR OTHER HEALTH CARE BENEFITS PURSUANT TO:  (1)  PART
 C  OF  TITLE  XVIII  OF THE SOCIAL SECURITY ACT (42 U.S.C. § 1395W-21 ET
 SEQ.) OR PART D OF TITLE XVIII OF THE SOCIAL SECURITY ACT (42  U.S.C.  §
 1395W-101  ET  SEQ.),  COMMONLY  KNOWN AS MEDICARE PARTS C AND D, OR ANY
 REGULATIONS PROMULGATED THEREUNDER; (2) TITLES XIX AND XXI OF THE SOCIAL
 SECURITY ACT (42 U.S.C.  § 1396 ET SEQ.), COMMONLY KNOWN AS THE MEDICAID
 AND CHILD HEALTH INSURANCE  PROGRAMS,  OR  ANY  REGULATIONS  PROMULGATED
 S. 4007--A                         231                        A. 3007--A
 
 THEREUNDER;  OR (3) THE BASIC HEALTH PROGRAM UNDER SECTION THREE HUNDRED
 SIXTY-NINE-GG OF THE SOCIAL SERVICES LAW.
   (h)  (1) "Member insurer" means:
   (A)  any life insurance company licensed to transact in this state any
 kind of insurance to which this  article  applies  under  section  seven
 thousand  seven  hundred  three of this article; provided, however, that
 the term "member insurer" also means any life insurance company formerly
 licensed to transact in this state any kind of insurance to  which  this
 article applies under section seven thousand seven hundred three of this
 article; AND
   (B)  AN  INSURER  LICENSED  OR FORMERLY LICENSED TO WRITE ACCIDENT AND
 HEALTH INSURANCE OR SALARY PROTECTION INSURANCE IN  THIS  STATE,  CORPO-
 RATION ORGANIZED PURSUANT TO ARTICLE FORTY-THREE OF THIS CHAPTER, RECIP-
 ROCAL  INSURER  ORGANIZED PURSUANT TO ARTICLE SIXTY-ONE OF THIS CHAPTER,
 COOPERATIVE  PROPERTY/CASUALTY  INSURANCE  COMPANY  OPERATING  UNDER  OR
 SUBJECT    TO    ARTICLE    SIXTY-SIX   OF   THIS   CHAPTER,   NONPROFIT
 PROPERTY/CASUALTY  INSURANCE  COMPANY  ORGANIZED  PURSUANT  TO   ARTICLE
 SIXTY-SEVEN  OF THIS CHAPTER, AND HEALTH MAINTENANCE ORGANIZATION CERTI-
 FIED PURSUANT TO ARTICLE FORTY-FOUR OF THE PUBLIC HEALTH LAW,  WHICH  IS
 NOT  A  MEMBER  OF,  OR  PARTICIPANT IN, THE FUND OR CORPORATION CREATED
 PURSUANT TO ARTICLE SEVENTY-FIVE OR SEVENTY-SEVEN OF THIS CHAPTER.
   (2) "MEMBER INSURER" SHALL NOT INCLUDE A MUNICIPAL COOPERATIVE  HEALTH
 BENEFIT  PLAN  ESTABLISHED PURSUANT TO ARTICLE FORTY-SEVEN OF THIS CHAP-
 TER, AN EMPLOYEE WELFARE FUND REGISTERED  UNDER  ARTICLE  FORTY-FOUR  OF
 THIS  CHAPTER,  A  FRATERNAL  BENEFIT  SOCIETY  ORGANIZED  UNDER ARTICLE
 FORTY-FIVE OF THIS CHAPTER, AN INSTITUTION OF HIGHER  EDUCATION  WITH  A
 CERTIFICATE  OF AUTHORITY UNDER SECTION ONE THOUSAND ONE HUNDRED TWENTY-
 FOUR OF THIS CHAPTER, OR A CONTINUING CARE RETIREMENT COMMUNITY  WITH  A
 CERTIFICATE  OF  AUTHORITY UNDER ARTICLE FORTY-SIX OR FORTY-SIX-A OF THE
 PUBLIC HEALTH LAW.
   (i) "Premiums" means direct gross insurance premiums and  annuity  and
 funding  agreement  considerations  received  on  covered policies, less
 return premiums and considerations thereon and dividends paid or credit-
 ed to policyholders OR CONTRACT HOLDERS on such direct business, subject
 to such modifications as the superintendent may establish by  regulation
 or order as necessary to facilitate the equitable administration of this
 article.    Premiums  do  not  include  premiums  and  considerations on
 contracts between insurers and reinsurers. For the purposes of determin-
 ing the assessment for an insurer under this article, the  term  "premi-
 ums",  with  respect to a group annuity contract (or portion of any such
 contract) that does not guarantee annuity benefits to any specific indi-
 vidual identified in the contract and with respect to any funding agree-
 ment issued to fund benefits under any employee benefit plan, means  the
 lesser  of  one  million  dollars  or  the  premium attributable to that
 portion of such group contract that does not guarantee benefits  to  any
 specific  individuals  or  such  agreements that fund benefits under any
 employee benefit plan.
   (M) "LONG-TERM CARE INSURANCE" MEANS AN INSURANCE  POLICY,  RIDER,  OR
 CERTIFICATE ADVERTISED, MARKETED, OFFERED, OR DESIGNED TO PROVIDE COVER-
 AGE,  SUBJECT TO ELIGIBILITY REQUIREMENTS, FOR NOT LESS THAN TWENTY-FOUR
 CONSECUTIVE MONTHS FOR EACH  COVERED  PERSON  ON  AN  EXPENSE  INCURRED,
 INDEMNITY, PREPAID OR OTHER BASIS AND PROVIDES AT LEAST THE BENEFITS SET
 FORTH  IN  PART FIFTY-TWO OF TITLE ELEVEN OF THE OFFICIAL COMPILATION OF
 CODES, RULES AND REGULATIONS OF THIS STATE.
   § 7.  Subsection (a) of section 7706 of the insurance law, as added by
 chapter 802 of the laws of 1985, is amended to read as follows:
 S. 4007--A                         232                        A. 3007--A
 
   (a) There is created a not-for-profit corporation to be known as  "The
 Life  AND HEALTH Insurance Company Guaranty Corporation of New York". To
 the extent that the provisions of the not-for-profit corporation law  do
 not  conflict  with the provisions of this article or the plan of opera-
 tion  of  the  corporation  hereunder the not-for-profit corporation law
 shall apply to the corporation and the corporation shall  be  a  type  C
 corporation pursuant to the not-for-profit corporation law. If an appli-
 cable  provision  of this article or the plan of operation of the corpo-
 ration hereunder relates to a matter embraced  in  a  provision  of  the
 not-for-profit  corporation  law  but is not in conflict therewith, both
 provisions shall apply. All member insurers shall be and remain  members
 of  the corporation as a condition of their authority to transact insur-
 ance in this state. The corporation shall perform  its  functions  under
 the plan of operation established and approved under section seven thou-
 sand  seven  hundred  ten  of this article and shall exercise its powers
 through a board of directors established under  section  seven  thousand
 seven  hundred seven of this article. For purposes of administration and
 assessment the corporation shall maintain two accounts:
   (1) the health insurance account; and
   (2) the life insurance, annuity and funding agreement account.
   § 8. Subsection (d) of section 7707 of the insurance law, as added  by
 chapter 802 of the laws of 1985, is amended to read as follows:
   (d)  The  superintendent  shall  be ex-officio [chairman] CHAIR of the
 board of directors but shall not be entitled to vote.
   § 9. Paragraph 7 of subsection (h) of section 7708  of  the  insurance
 law,  as  amended by chapter 454 of the laws of 2014, is amended to read
 as follows:
   (7) exercise, for the purposes of  this  article  and  to  the  extent
 approved  by  the superintendent, the powers of a domestic life, HEALTH,
 OR PROPERTY/CASUALTY insurance company, but in no case  may  the  corpo-
 ration  issue insurance policies OR CONTRACTS or annuity contracts other
 than those issued to perform the contractual obligations of the impaired
 or insolvent insurer;
   § 10. Paragraph 2 of subsection (c) of section 7709 of  the  insurance
 law,  as added by chapter 802 of the laws of 1985, is amended to read as
 follows:
   (2) The amount of any class  B  or  class  C  assessment,  EXCEPT  FOR
 ASSESSMENTS  RELATED TO LONG-TERM CARE INSURANCE, shall be allocated for
 assessment purposes among the accounts in the proportion that the premi-
 ums received by the impaired or insolvent insurer  on  the  policies  or
 contracts  covered  by each account for the last calendar year preceding
 the assessment in which  the  impaired  or  insolvent  insurer  received
 premiums  bears to the premiums received by such insurer for such calen-
 dar year on all covered policies. THE AMOUNT OF ANY CLASS B OR  CLASS  C
 ASSESSMENT  FOR  LONG-TERM  CARE  INSURANCE  WRITTEN  BY THE IMPAIRED OR
 INSOLVENT INSURER SHALL BE ALLOCATED ACCORDING TO A METHODOLOGY INCLUDED
 IN THE PLAN OF OPERATION AND APPROVED BY THE SUPERINTENDENT.  THE  METH-
 ODOLOGY  SHALL  PROVIDE  FOR FIFTY PERCENT OF THE ASSESSMENT TO BE ALLO-
 CATED TO A HEALTH INSURANCE COMPANY MEMBER INSURER AND FIFTY PERCENT  TO
 BE  ALLOCATED  TO  A  LIFE  INSURANCE  COMPANY MEMBER INSURER; PROVIDED,
 HOWEVER, THAT A PROPERTY/CASUALTY INSURER THAT WRITES  HEALTH  INSURANCE
 SHALL  BE CONSIDERED A HEALTH INSURANCE COMPANY MEMBER FOR THIS PURPOSE.
 Class B and class C assessments against member insurers for each account
 shall be in the proportion that the premiums  received  on  business  in
 this  state  by each assessed member insurer on policies covered by each
 account for the three calendar years preceding the assessment  bears  to
 S. 4007--A                         233                        A. 3007--A
 
 such premiums received on business in this state for such calendar years
 by all assessed member insurers.
   §  11.   Subsection (a) of section 7712 of the insurance law, as added
 by chapter 802 of the laws of 1985, is amended to read as follows:
   (a) The superintendent shall annually, within six months following the
 close of each calendar year, furnish to the commissioner of taxation and
 finance and the director of the division of the budget  a  statement  of
 operations  for the life insurance guaranty corporation and the life AND
 HEALTH insurance company guaranty corporation of New York.  Such  state-
 ment  shall  show  the  assessments,  less any refunds or reimbursements
 thereof, paid by each insurance company pursuant to  the  provisions  of
 article  seventy-five  or  section  seven thousand seven hundred nine of
 this article, for the purposes of meeting the requirements of this chap-
 ter. Each statement, starting with the statement furnished in  the  year
 nineteen  hundred  eighty-six and ending with the statement furnished in
 the year two thousand, shall show the annual  activity  for  every  year
 commencing  from  nineteen hundred eighty-five through the most recently
 completed year. Each statement furnished in each year after the year two
 thousand shall  reflect  such  assessments  paid  during  the  preceding
 fifteen  calendar years. The superintendent shall also furnish a copy of
 such statement to each such insurance company.
   § 12.  Subsections (a), (d), and (g) of section 7719 of the  insurance
 law, as added by chapter 454 of the laws of 2014, are amended to read as
 follows:
   (a)  The corporation may incorporate one or more not-for-profit corpo-
 rations, known as a resolution facility, in connection with  the  liqui-
 dation of an insolvent domestic life insurance company, HEALTH INSURANCE
 COMPANY,  OR  PROPERTY/CASUALTY INSURANCE COMPANY under article seventy-
 four of this chapter for the purpose of administering and  disposing  of
 the business of the insolvent [domestic life] insurance company.
   (d) A resolution facility may:
   (1)  guarantee,  assume,  or  reinsure,  or  cause  to  be guaranteed,
 assumed, or reinsured, the covered policies, or arrange for  replacement
 by  policies  found by the superintendent to be substantially similar to
 the covered policies;
   (2) exercise, for the purposes of  this  article  and  to  the  extent
 approved  by the superintendent, the powers of a domestic life insurance
 company, HEALTH INSURANCE COMPANY, OR PROPERTY/CASUALTY INSURANCE COMPA-
 NY but in no case may the resolution facility issue insurance  policies,
 annuity  contracts,  funding agreements, or supplemental contracts other
 than those issued to perform the contractual obligations of the impaired
 or insolvent insurer;
   (3) assure payment of the contractual  obligations  of  the  insolvent
 insurer; and
   (4) provide such moneys, pledges, notes, guarantees, or other means as
 are reasonably necessary to discharge its duties.
   (g)  (1) If the superintendent determines that the resolution facility
 is not administering and disposing  of  the  business  of  an  insolvent
 domestic   life   insurance   company,   HEALTH  INSURANCE  COMPANY,  OR
 PROPERTY/CASUALTY  INSURANCE  COMPANY  consistent  with  the  resolution
 facility's  certificate  of  incorporation,  plan  of operation, or this
 section, then the superintendent shall provide notice to the  resolution
 facility  and  the resolution facility shall have thirty days to respond
 to the superintendent and cure the defect.
   (2) If, after thirty days, the  superintendent  continues  to  believe
 that  the  resolution facility is not administering and disposing of the
 S. 4007--A                         234                        A. 3007--A
 
 business of an insolvent domestic life insurance company, HEALTH  INSUR-
 ANCE COMPANY, OR PROPERTY/CASUALTY INSURANCE COMPANY consistent with the
 resolution  facility's  certificate of incorporation, plan of operation,
 or  this  section, then the superintendent may apply to the court for an
 order directing the resolution facility to correct the  defect  or  take
 other appropriate actions.
   §  13.  The  insurance  law is amended by adding a new section 7720 to
 read as follows:
   § 7720. PENALTIES. (A) IF ANY MEMBER INSURER FAILS TO MAKE ANY PAYMENT
 REQUIRED BY THIS ARTICLE, OR IF THE SUPERINTENDENT HAS CAUSE TO  BELIEVE
 THAT ANY OTHER STATEMENT FILED IS FALSE OR INACCURATE IN ANY PARTICULAR,
 OR  THAT  ANY  PAYMENT MADE IS INCORRECT, THE SUPERINTENDENT MAY EXAMINE
 ALL THE BOOKS AND RECORDS OF THE MEMBER INSURER TO ASCERTAIN  THE  FACTS
 AND  DETERMINE THE CORRECT AMOUNT TO BE PAID. BASED ON SUCH FINDING, THE
 CORPORATION MAY PROCEED  IN  ANY  COURT  OF  COMPETENT  JURISDICTION  TO
 RECOVER  FOR  THE BENEFIT OF THE FUND ANY SUMS SHOWN TO BE DUE UPON SUCH
 EXAMINATION AND DETERMINATION.
   (B) ANY MEMBER INSURER THAT FAILS TO MAKE ANY SUCH REQUIRED STATEMENT,
 OR TO MAKE ANY PAYMENT TO THE FUND WHEN DUE, SHALL FORFEIT TO THE CORPO-
 RATION FOR DEPOSIT IN THE FUND A PENALTY OF FIVE PERCENT OF  THE  AMOUNT
 DETERMINED  TO  BE DUE PLUS ONE PERCENT OF SUCH AMOUNT FOR EACH MONTH OF
 DELAY, OR FRACTION THEREOF, AFTER THE EXPIRATION OF THE FIRST  MONTH  OF
 SUCH  DELAY.  IF SATISFIED THAT THE DELAY WAS EXCUSABLE, THE CORPORATION
 MAY REMIT ALL OR ANY PART OF THE PENALTY.
   (C) THE SUPERINTENDENT, IN THE SUPERINTENDENT'S DISCRETION, MAY REVOKE
 THE CERTIFICATE OF AUTHORITY TO DO BUSINESS IN THIS STATE OF ANY FOREIGN
 MEMBER INSURER THAT FAILS TO COMPLY WITH THIS  ARTICLE  OR  TO  PAY  ANY
 PENALTY IMPOSED HEREUNDER.
   §  14.  The  insurance  law is amended by adding a new section 3245 to
 read as follows:
   § 3245. LIABILITY TO PROVIDERS IN THE EVENT OF AN INSOLVENCY.  IN  THE
 EVENT  AN  INSURANCE  COMPANY  AUTHORIZED  TO  DO AN ACCIDENT AND HEALTH
 INSURANCE BUSINESS IN THIS STATE IS DEEMED  INSOLVENT,  AS  PROVIDED  IN
 SECTION  ONE  THOUSAND  THREE  HUNDRED  NINE OF THIS CHAPTER, NO INSURED
 COVERED UNDER A POLICY DELIVERED OR ISSUED FOR DELIVERY IN THIS STATE BY
 THE INSURANCE COMPANY SHALL BE LIABLE TO ANY  PROVIDER  OF  HEALTH  CARE
 SERVICES FOR ANY COVERED SERVICES OF THE INSOLVENT INSURANCE COMPANY. NO
 PROVIDER  OF HEALTH CARE SERVICES OR ANY REPRESENTATIVE OF SUCH PROVIDER
 SHALL COLLECT OR ATTEMPT TO COLLECT FROM THE INSURED SUMS OWED  BY  SUCH
 INSURANCE  COMPANY,  AND  NO PROVIDER OR REPRESENTATIVE OF SUCH PROVIDER
 MAY MAINTAIN ANY ACTION AT LAW AGAINST AN INSURED TO COLLECT  SUMS  OWED
 TO SUCH PROVIDER BY SUCH INSURANCE COMPANY.
   § 15. This act shall take effect immediately.
   § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
 sion,  section  or  part  of  this act shall be adjudged by any court of
 competent jurisdiction to be invalid, such judgment  shall  not  affect,
 impair,  or  invalidate  the remainder thereof, but shall be confined in
 its operation to the clause, sentence, paragraph,  subdivision,  section
 or part thereof directly involved in the controversy in which such judg-
 ment shall have been rendered. It is hereby declared to be the intent of
 the  legislature  that  this  act  would  have been enacted even if such
 invalid provisions had not been included herein.
   § 3.  This act shall take effect immediately; provided, however,  that
 the  applicable effective date of Subparts A through D of this act shall
 be as specifically set forth in the last section of such Subparts.
 S. 4007--A                         235                        A. 3007--A
 
                                  PART Z
 
   Section  1.  Subdivisions 7 and 8 of section 4656 of the public health
 law, as added by chapter 2 of the laws of 2004, are renumbered  subdivi-
 sions 8 and 9 and a new subdivision 7 is added to read as follows:
   7.  ASSISTED  LIVING  QUALITY  IMPROVEMENT STANDARDS. (A) ALL ASSISTED
 LIVING RESIDENCES, AS DEFINED IN SUBDIVISION ONE  OF  SECTION  FORTY-SIX
 HUNDRED  FIFTY-ONE  OF THIS ARTICLE, INCLUDING THOSE LICENSED AND CERTI-
 FIED AS AN ASSISTED LIVING  RESIDENCE,  SPECIAL  NEEDS  ASSISTED  LIVING
 RESIDENCE, OR ENHANCED ASSISTED LIVING RESIDENCE, SHALL:
   (I)  REPORT  ANNUALLY  ON  QUALITY  MEASURES  TO BE ESTABLISHED BY THE
 DEPARTMENT, IN THE FORM AND FORMAT PRESCRIBED BY  THE  DEPARTMENT,  WITH
 THE  FIRST  REPORT  DUE NO LATER THAN JANUARY THIRTY-FIRST, TWO THOUSAND
 TWENTY-FOUR; AND
   (II) POST THE MONTHLY  SERVICE  RATE,  STAFFING  COMPLEMENT,  APPROVED
 ADMISSION OR RESIDENCY AGREEMENT, AND A CONSUMER-FRIENDLY SUMMARY OF ALL
 SERVICE  FEES  IN A CONSPICUOUS PLACE ON THE FACILITY'S WEBSITE AND IN A
 PUBLIC SPACE WITHIN THE FACILITY. SUCH INFORMATION SHALL BE MADE  AVAIL-
 ABLE  TO  THE  PUBLIC ON FORMS DEVELOPED BY THE DEPARTMENT. BEGINNING ON
 JANUARY FIRST, TWO THOUSAND TWENTY-FOUR, THIS INFORMATION SHALL ALSO  BE
 REPORTED TO THE DEPARTMENT.
   (B)  THE  DEPARTMENT  SHALL  SCORE  THE RESULTS OF THE ASSISTED LIVING
 QUALITY REPORTING OBTAINED PURSUANT TO PARAGRAPH (A)  OF  THIS  SUBDIVI-
 SION.  TOP  SCORING  FACILITIES  SHALL  BE GRANTED THE CLASSIFICATION OF
 ADVANCED STANDING ON THEIR ANNUAL SURVEILLANCE SCHEDULES.
   (I) NOTWITHSTANDING SUBPARAGRAPH ONE OF PARAGRAPH (A)  OF  SUBDIVISION
 TWO  OF  SECTION  FOUR  HUNDRED  SIXTY-ONE-A OF THE SOCIAL SERVICES LAW,
 FACILITIES  ACHIEVING  AN  ADVANCED  STANDING  CLASSIFICATION  SHALL  BE
 SURVEYED EVERY TWELVE TO EIGHTEEN MONTHS.  ALL OTHER FACILITIES SHALL BE
 SURVEYED ON AN UNANNOUNCED BASIS NO LESS THAN ANNUALLY; PROVIDED, HOWEV-
 ER,  THAT THIS SHALL NOT APPLY TO SURVEYS, INSPECTIONS OR INVESTIGATIONS
 BASED ON COMPLAINTS RECEIVED BY THE DEPARTMENT UNDER ANY OTHER PROVISION
 OF LAW.
   (II)  FACILITIES  MAY  REMAIN  ON  ADVANCED  STANDING   CLASSIFICATION
 PROVIDED  THEY  MEET THE SCORING REQUIREMENTS IN ASSISTED LIVING QUALITY
 REPORTING.
   (C) (I) EFFECTIVE JANUARY THIRTY-FIRST, TWO THOUSAND TWENTY-FOUR,  THE
 DEPARTMENT  MAY  POST  ON ITS WEBSITE THE RESULTS OF THE ASSISTED LIVING
 QUALITY REPORTING, COLLECTED PURSUANT TO SUBPARAGRAPH (I)  OF  PARAGRAPH
 (A) OF THIS SUBDIVISION.
   § 2. Subparagraph 1 of paragraph (a) of subdivision 2 of section 461-a
 of  the  social  services  law, as amended by chapter 735 of the laws of
 1994, is amended and a new  subparagraph  (1-a)  is  added  to  read  as
 follows:
   (1) Such facilities receiving the department's highest rating shall be
 inspected  at  least once every eighteen months on an unannounced basis.
 SUCH RATING DETERMINATION SHALL BE MADE PURSUANT  TO  AN  EVALUATION  OF
 QUALITY  INDICATORS  AS DEVELOPED BY THE DEPARTMENT AND PUBLISHED ON THE
 DEPARTMENT'S WEBSITE.
   (1-A) (I) ADULT CARE FACILITIES DUALLY LICENSED  TO  PROVIDE  ASSISTED
 LIVING  PURSUANT  TO  THE  REQUIREMENTS  SPECIFIED  IN SECTION FORTY-SIX
 HUNDRED FIFTY-THREE OF THE PUBLIC HEALTH LAW MAY SEEK  ACCREDITATION  BY
 ONE OR MORE NATIONALLY RECOGNIZED ACCREDITING AGENCIES DETERMINED BY THE
 COMMISSIONER.
   (II) SUCH ACCREDITATION AGENCIES SHALL REPORT DATA AND INFORMATION, IN
 A  MANNER  AND FORM AS DETERMINED BY THE DEPARTMENT, PERTAINING TO THOSE
 S. 4007--A                         236                        A. 3007--A

 ASSISTED LIVING RESIDENCES ACCREDITED BY SUCH AGENCIES,  THOSE  ASSISTED
 LIVING  RESIDENCES  THAT SEEK BUT DO NOT RECEIVE SUCH ACCREDITATION, AND
 THOSE ASSISTED LIVING RESIDENCES WHICH OBTAIN  BUT  LOSE  SUCH  ACCREDI-
 TATION.
   (III) NOTWITHSTANDING THE PROVISIONS OF SUBPARAGRAPH ONE OF THIS PARA-
 GRAPH,  OR  ANY OTHER PROVISION OF LAW, ASSISTED LIVING RESIDENCES WHICH
 HAVE OBTAINED ACCREDITATION FROM A NATIONALLY  RECOGNIZED  ACCREDITATION
 ORGANIZATION  APPROVED  BY  THE  DEPARTMENT  AND  WHICH MEET ELIGIBILITY
 CRITERIA, AS DETERMINED BY THE DEPARTMENT, MAY, AT THE DISCRETION OF THE
 COMMISSIONER, BE EXEMPT FROM  DEPARTMENT  INSPECTION  REQUIRED  IN  THIS
 SUBDIVISION  FOR  THE DURATION THEY MAINTAIN THEIR ACCREDITATION IN GOOD
 STANDING. THE OPERATOR OF AN ADULT CARE FACILITY THAT OBTAINS BUT SUBSE-
 QUENTLY LOSES ACCREDITATION SHALL REPORT SUCH  LOSS  TO  THE  DEPARTMENT
 WITHIN  TEN BUSINESS DAYS IN A MANNER AND FORM DETERMINED BY THE DEPART-
 MENT AND WILL  NO  LONGER  BE  EXEMPT  FROM  THE  DEPARTMENT  INSPECTION
 REQUIRED IN THIS SUBDIVISION. THE DEPARTMENT SHALL POST ON ITS WEBSITE A
 LIST OF ALL ACCREDITED ASSISTED LIVING RESIDENCES.
   § 3. This act shall take effect on the one hundred twentieth day after
 it shall have become a law.
 
                                  PART AA
 
   Section  1. Section 3 of chapter 425 of the laws of 2013, amending the
 public health law relating to requiring hospitals to offer  hepatitis  C
 testing,  as  amended  by chapter 284 of the laws of 2019, is amended to
 read as follows:
   § 3. This act shall take effect on the first of January next  succeed-
 ing  the  date on which it shall have become a law [and shall expire and
 be deemed repealed January 1, 2026; provided, however, that the  commis-
 sioner  of health is authorized to adopt rules and regulations necessary
 to implement this act prior to such effective date].
   § 2. Subdivisions 1 and 2 of section 2171 of the public health law, as
 added by chapter 425 of the  laws  of  2013,  are  amended  to  read  as
 follows:
   1.  Every  individual  [born  between  the  years  of nineteen hundred
 forty-five and nineteen hundred sixty-five] AGE EIGHTEEN AND  OLDER  (OR
 YOUNGER  THAN EIGHTEEN IF THERE IS EVIDENCE OR INDICATION OF RISK ACTIV-
 ITY) who receives health services as an inpatient OR  in  THE  EMERGENCY
 DEPARTMENT  OF  a general hospital defined in subdivision ten of section
 twenty-eight hundred one of this chapter or who  receives  primary  care
 services in an outpatient department of such hospital or in a diagnostic
 and treatment center licensed under article twenty-eight of this chapter
 or  from  a  physician,  physician assistant [or], nurse practitioner OR
 MIDWIFE providing primary care shall be offered a hepatitis C  screening
 test [or hepatitis C diagnostic test] unless the health care practition-
 er providing such services reasonably believes that:
   (a)  the individual is being treated for a life threatening emergency;
 or
   (b) the individual has previously been offered or has been the subject
 of a hepatitis C screening test (except that a test shall be offered  if
 otherwise indicated); or
   (c)  the individual lacks capacity to consent to a hepatitis C screen-
 ing test.
   2. If an individual accepts the offer of a hepatitis C screening  test
 and  the  screening  test  is  reactive,  [the]  AN HCV RNA TEST MUST BE
 PERFORMED, ON THE SAME SPECIMEN OR A SECOND SPECIMEN  COLLECTED  AT  THE
 S. 4007--A                         237                        A. 3007--A
 
 SAME TIME AS THE INITIAL HCV SCREENING TEST SPECIMEN, TO CONFIRM DIAGNO-
 SIS  OF  CURRENT  INFECTION. THE health care provider shall either offer
 [the individual] ALL PERSONS WITH A DETECTABLE HCV  RNA  TEST  follow-up
 HCV  health  care AND TREATMENT or refer the individual to a health care
 provider who can provide follow-up HCV health care AND TREATMENT.   [The
 follow-up health care shall include a hepatitis C diagnostic test.]
   §  3.  The public health law is amended by adding a new section 2500-l
 to read as follows:
   § 2500-L. PREGNANT PEOPLE, BLOOD TEST FOR  HEPATITIS  C  VIRUS  (HCV);
 FOLLOW-UP  CARE.    1.  EVERY PHYSICIAN OR OTHER AUTHORIZED PRACTITIONER
 ATTENDING A PREGNANT PERSON IN THE STATE SHALL ORDER A HEPATITIS C VIRUS
 (HCV) SCREENING TEST AND IF THE TEST IS REACTIVE, AN HCV RNA  TEST  MUST
 BE PERFORMED ON THE SAME SPECIMEN, OR A SECOND SPECIMEN COLLECTED AT THE
 SAME TIME AS THE INITIAL HCV SCREENING TEST SPECIMEN, TO CONFIRM DIAGNO-
 SIS  OF  CURRENT  INFECTION. THE HEALTH CARE PROVIDER SHALL EITHER OFFER
 ALL PERSONS WITH A DETECTABLE HCV RNA TEST FOLLOW-UP HCV HEALTH CARE AND
 TREATMENT OR REFER THE INDIVIDUAL TO A  HEALTH  CARE  PROVIDER  WHO  CAN
 PROVIDE FOLLOW-UP HCV HEALTH CARE AND TREATMENT.
   2. THE PHYSICIAN OR OTHER AUTHORIZED PRACTITIONER ATTENDING A PREGNANT
 PERSON  SHALL  RECORD  THE  HCV TEST RESULTS PROMINENTLY IN THE PREGNANT
 PERSON'S MEDICAL RECORD AT OR BEFORE THE TIME OF HOSPITAL ADMISSION  FOR
 DELIVERY.
   3.  THE  COMMISSIONER MAY PROMULGATE SUCH RULES AND REGULATIONS AS ARE
 NECESSARY TO CARRY OUT THE REQUIREMENTS OF THIS SECTION.
   § 4. The section heading of section 2308 of the public health law,  as
 amended  by  section  37 of part E of chapter 56 of the laws of 2013, is
 amended to read as follows:
   Sexually transmitted disease; pregnant [women] PERSONS; blood test for
 syphilis.
   § 5. Subdivision 1 of section 2308 of the public health law is amended
 to read as follows:
   1. Every physician OR OTHER AUTHORIZED PRACTITIONER attending pregnant
 [women] PERSONS in the state shall in the case of every  [woman]  PERSON
 so  attended take or cause to be taken a sample of blood of such [woman]
 PERSON at the time of first examination, and submit such  sample  to  an
 approved  laboratory  for  a standard serological test for syphilis.  IN
 ADDITION TO TESTING AT THE TIME OF FIRST EXAMINATION, EVERY SUCH  PHYSI-
 CIAN OR OTHER AUTHORIZED PRACTITIONER SHALL ORDER A SYPHILIS TEST DURING
 THE  THIRD TRIMESTER OF PREGNANCY CONSISTENT WITH ANY GUIDANCE AND REGU-
 LATIONS ISSUED BY THE COMMISSIONER.
   § 6. This act shall take effect immediately;  provided,  however  that
 sections  two,  three, four and five shall take effect one year after it
 shall have become a law. Effective immediately, the addition,  amendment
 and/or repeal of any rule or regulation necessary for the implementation
 of  this  act  on  its  effective  date  are  authorized  to be made and
 completed on or before such effective date.
 
                                  PART BB
 
   Section 1.  Paragraphs 59 and 61 of subdivision (b) of schedule  I  of
 section  3306 of the public health law, as added by section 2 of part CC
 of chapter 56 of the laws of 2020, are amended and 30 new paragraphs 71,
 72, 73, 74, 75, 76, 77, 78, 79, 80, 81, 82, 83, 84, 85, 86, 87, 88,  89,
 90,  91,  92,  93,  94,  95, 96, 97, 98, 99 and 100 are added to read as
 follows:
 S. 4007--A                         238                        A. 3007--A
 
   (59) [N-{1-{2-hydroxy-2-(thiophen-2-yl)ethyl}piperidin-4-yl}-N-phenylp-
 ropionamide]   N-{1-{2-HYDROXY-2-(THIOPHEN-2-YL)ETHYL}PIPERIDIN-4-YL}-N-
 PHENYL PROPIONAMIDE. Other name:  Beta-Hydroxythiofentanyl.
   (61)  [3,4-Dichloro-N-{2-(dimethylamino)cyclohexyl}-N-methylbenzamide]
 3,4-DICHLORO-N-{2-(DIMETHYLAMINO)CYCLOHEXYL}-N-METHYLBENZAMIDE.    Other
 name: U-47700.
    (71)  N-(1-PHENETHYLPIPERIDIN-4-YL)-N-PHENYLPENTANAMIDE.  OTHER NAME:
 VALERYL FENTANYL.
   (72)      N-(4-METHOXYPHENYL)-N-(1-PHENETHYLPIPERIDIN-4-YL)BUTYRAMIDE.
 OTHER NAME: PARA-METHOXYBUTYRYL FENTANYL.
   (73)    N-(4-CHLOROPHENYL)-N-(1-PHENETHYLPIPERIDIN-4-YL)ISOBUTYRAMIDE.
 OTHER NAME: PARA-CHLOROISOBUTYRYL FENTANYL.
   (74) N-(1-PHENETHYLPIPERIDIN-4-YL)-N-PHENYLISOBUTYRAMIDE.  OTHER NAME:
 ISOBUTYRYL FENTANYL.
   (75)    N-(1-PHENETHYLPIPERIDIN-4-YL)-N-PHENYLCYCLOPENTANECARBOXAMIDE.
 OTHER NAME: CYCLOPENTYL FENTANYL.
   (76)  (E)-N-(1-PHENETHYLPIPERIDIN-4-YL)-N-PHENYLBUT-2-ENAMIDE.   OTHER
 NAME: CROTONYL FENTANYL.
   (77)        N-(1-(2-FLUOROPHENETHYL)PIPERIDIN-4-YL)-N-(2-FLUOROPHENYL)
 PROPIONAMIDE.  OTHER  NAMES:  2'-FLUORO  ORTHO-FLUOROFENTANYL; 2'-FLUORO
 2-FLUOROFENTANYL.
   (78) N-(2-METHYLPHENYL)-N-(1-PHENETHYLPIPERIDIN-4-YL)ACETAMIDE.  OTHER
 NAMES:  ORTHO-METHYL ACETYLFENTANYL; 2-METHYL ACETYLFENTANYL.
   (79) N-(1-PHENETHYLPIPERIDIN-4-YL)-N,  3-DIPHENYLPROPANAMIDE.    OTHER
 NAMES:   BETA'-PHENYL FENTANYL; BETA'-PHENYL FENTANYL; 3-PHENYLPROPANOYL
 FENTANYL.
   (80)    N-(1-PHENETHYLPIPERIDIN-4-YL)-N-PHENYLTHIOPHENE-2-CARBOXAMIDE.
 OTHER NAMES:   THIOFURANYL FENTANYL; 2-THIOFURANYL  FENTANYL;  THIOPHENE
 FENTANYL.
   (81)  N-PHENYL-N-(1-(2-PHENYLPROPYL)PIPERIDIN-4-YL)PROPIONAMIDE. OTHER
 NAMES: BETA-METHYL FENTANYL; BETA-METHYL FENTANYL.
   (82) N-(2-FLUOROPHENYL)-N-(1-PHENETHYLPIPERIDIN-4-YL)BUTYRAMIDE.
 OTHER NAMES: ORTHO-FLUOROBUTYRYL FENTANYL; 2-FLUOROBUTYRYL FENTANYL.
   (83) N-(1-(4-METHYLPHENETHYL)PIPERIDIN-4-YL)-N-PHENYLACETAMIDE.  OTHER
 NAME: 4'-METHYL ACETYL FENTANYL.
   (84) 2-METHOXY-N-(2-METHYLPHENYL)-N-(1-PHENETHYLPIPERIDIN-4-YL)ACETAMIDE.
 OTHER  NAMES: ORTHO-METHYL METHOXYACETYLFENTANYL; 2-METHYL METHOXYACETYL
 FENTANYL.
   (85) N-(4-METHYLPHENYL)-N-(1-PHENETHYLPIPERIDIN-4-YL)PROPIONAMIDE.
 OTHER NAMES: PARA-METHYLFENTANYL; 4-METHYLFENTANYL.
   (86)  N-(1-PHENETHYLPIPERIDIN-4-YL)-N-PHENYLBENZAMIDE.  OTHER   NAMES:
 PHENYL FENTANYL; BENZOYL FENTANYL.
   (87)  ETHYL  (1-PHENETHYLPIPERIDIN-4-YL)(PHENYL)CARBAMATE. OTHER NAME:
 FENTANYL CARBAMATE.
   (88) N-(2-FLUOROPHENYL)-N-(1-PHENETHYLPIPERIDIN-4-YL)ACRYLAMIDE.
 OTHER NAME: ORTHO-FLUOROACRYL FENTANYL.
   (89) N-(2-FLUOROPHENYL)-N-(1-PHENETHYLPIPERIDIN-4-YL)ISOBUTYRAMIDE.
 OTHER NAME: ORTHO-FLUOROISOBUTYRYL FENTANYL.
   (90) N-(4-FLUOROPHENYL)-N-(1-PHENETHYLPIPERIDIN-4-YL)FURAN-2-CARBOXAMIDE.
 OTHER NAME: PARA-FLUORO FURANYL FENTANYL.
   (91) N,N-DIETHYL-2-(2-(4-ISOPROPOXYBENZYL)-5-NITRO-1H-BENZIMIDAZOL-1-YL)
 ETHAN-1-AMINE. OTHER NAME: ISOTONITAZENE.
   (92) 1-(1-(1-(4-BROMOPHENYL)ETHYL)PIPERIDIN-4-YL)-1,3-DIHYDRO-2H-
 BENZO[d]IMIDAZOL-2-ONE. OTHER NAMES:  BRORPHINE; 1-[1-[1-(4-bromophenyl)
 ethyl]-4-piperidinyl]-1,3-DIHYDRO-2H-BENZIMIDAZOL-2-ONE.
 S. 4007--A                         239                        A. 3007--A
 
   (93) 2-(2-(4-BUTOXYBENZYL)-5-NITRO-1H-BENZIMIDAZOL-1-YL)-N,N-DIETHYLETHAN
 -1-AMINE. OTHER NAME: BUTONITAZENE.
   (94) 2-(2-(4-ETHOXYBENZYL)-1H-BENZIMIDAZOL-1-YL)-N,N-DIETHYLETHAN-1-AMINE.
 OTHER NAMES: ETODESNITAZENE; ETAZENE.
   (95) N,N-DIETHYL-2-(2-(4-FLUOROBENZYL)-5-NITRO-1H-BENZIMIDAZOL-1-YL)ETHAN-
 1-AMINE. OTHER NAME: FLUNITAZENE.
   (96) N,N-DIETHYL-2-(2-(4-METHOXYBENZYL)-1H-BENZIMIDAZOL-1-YL)ETHAN-1-
 AMINE. OTHER NAME: METODESNITAZENE.
   (97) N,N-DIETHYL-2-(2-(4-METHOXYBENZYL)-5-NITRO-1H-BENZIMIDAZOL-1-YL)
 ETHAN-1-AMINE. OTHER NAME: METONITAZENE.
   (98) 2-(4-ETHOXYBENZYL)-5-NITRO-1-(2-(PYRROLIDIN-1-YL)ETHYL)-1H-
 BENZIMIDAZOLE. OTHER NAMES: N-PYRROLIDINO ETONITAZENE; ETONITAZEPYNE.
   (99) N,N-DIETHYL-2-(5-NITRO-2-(4-PROPOXYBENZYL)-1H-BENZIMIDAZOL-1-YL)
 ETHAN-1-AMINE. OTHER NAME: PROTONITAZENE.
   (100)  FENTANYL-RELATED  SUBSTANCES,  THEIR  ISOMERS,  ESTERS, ETHERS,
 SALTS AND SALTS OF ISOMERS, ESTERS AND ETHERS.
   (I) FENTANYL-RELATED SUBSTANCE MEANS ANY SUBSTANCE NOT OTHERWISE LIST-
 ED UNDER ANOTHER ADMINISTRATION CONTROLLED SUBSTANCE  CODE  NUMBER,  AND
 FOR WHICH NO EXEMPTION OR APPROVAL IS IN EFFECT UNDER SECTION 505 OF THE
 FEDERAL  FOOD,  DRUG,  AND  COSMETIC ACT (21 U.S.C. 355), THAT IS STRUC-
 TURALLY RELATED TO FENTANYL BY ONE OR MORE OF  THE  FOLLOWING  MODIFICA-
 TIONS:
   (A)  REPLACEMENT  OF  THE PHENYL PORTION OF THE PHENETHYL GROUP BY ANY
 MONOCYCLE, WHETHER OR NOT FURTHER SUBSTITUTED IN OR ON THE MONOCYCLE;
   (B) SUBSTITUTION IN OR ON THE PHENETHYL  GROUP  WITH  ALKYL,  ALKENYL,
 ALKOXYL, HYDROXYL, HALO, HALOALKYL, AMINO OR NITRO GROUPS;
   (C)  SUBSTITUTION  IN  OR  ON THE PIPERIDINE RING WITH ALKYL, ALKENYL,
 ALKOXYL, ESTER, ETHER, HYDROXYL, HALO, HALOALKYL, AMINO OR NITRO GROUPS;
   (D) REPLACEMENT OF THE ANILINE RING WITH ANY AROMATIC MONOCYCLE WHETH-
 ER OR NOT FURTHER SUBSTITUTED IN OR ON THE AROMATIC MONOCYCLE; AND/OR
   (E) REPLACEMENT OF THE N-PROPIONYL GROUP BY ANOTHER ACYL GROUP.
   (II) THIS DEFINITION INCLUDES, BUT IS NOT LIMITED  TO,  THE  FOLLOWING
 SUBSTANCES:
   (A)-(B) [Reserved]
   §  2. Paragraph 3 of subdivision (g) of schedule II of section 3306 of
 the public health law, as added by section 7 of part C of chapter 447 of
 the laws of 2012, is amended to read as follows:
   (3) Immediate precursor to fentanyl:
   (i)  [4-anilino-N-phenethyl-4-piperidine  (ANPP)]  4-ANILINO-N-PHENEN-
 ETHYLPIPERIDINE (ANPP).
   (II) N-PHENYL-N-(PIPERIDIN-4-YL)PROPIONAMIDE (NORFENTANYL).
   § 3. Paragraph c of subdivision 1 of section 3383 of the public health
 law,  as added by chapter 494 of the laws of 1982, is amended to read as
 follows:
   c. "Imitation controlled substance" means: (1) a substance, other than
 a drug for which a prescription is  required  pursuant  to  article  one
 hundred  thirty-seven  of  the  education  law, that is not a controlled
 substance, which by dosage unit appearance, including color,  shape  and
 size  and  by  a  representation  is  represented  to  be  a  controlled
 substance, as defined in the penal law; OR (2) A  CONTROLLED  SUBSTANCE,
 WHICH  BY DOSAGE UNIT APPEARANCE, INCLUDING COLOR, SHAPE AND SIZE AND BY
 A REPRESENTATION IS REPRESENTED TO BE A DIFFERENT CONTROLLED  SUBSTANCE,
 AS  DEFINED  IN  THE  PENAL  LAW.  Evidence  of representations that the
 substance is a controlled substance may include but is  not  limited  to
 oral  or  written  representations by the manufacturer or seller, as the
 case may be, about the substance with regard to:
 S. 4007--A                         240                        A. 3007--A

   (i) its price, nature, use or effect as a controlled substance; or
   (ii)  its  packaging  in a manner normally used for illicit controlled
 substances; or
   (iii) markings on the substance; OR
   (IV) HAVING BEEN PRESCRIBED OR PROVIDED BY A PHARMACIST OR HEALTH CARE
 PRACTITIONER.
   § 4. Subdivision 7 of  section  3383  of  the  public  health  law  is
 REPEALED and subdivision 8 is renumbered subdivision 7.
   §  5.  Subdivision  21  of section 10.00 of the penal law, as added by
 chapter 1 of the laws of 2013, is amended to read as follows:
   21. "Drug trafficking felony" means  any  of  the  following  offenses
 defined  in article two hundred twenty of this chapter: violation of use
 of a child to commit  a  controlled  substance  offense  as  defined  in
 section  220.28;  criminal  sale of a controlled substance in the fourth
 degree as defined in section  220.34;  criminal  sale  of  a  controlled
 substance  in  the  third  degree as defined in section 220.39; criminal
 sale of a controlled substance  in  the  second  degree  as  defined  in
 section  220.41;  criminal  sale  of a controlled substance in the first
 degree as defined in section  220.43;  criminal  sale  of  a  controlled
 substance in or near school grounds as defined in section 220.44; unlaw-
 ful  manufacture  of  methamphetamine in the second degree as defined in
 section 220.74; unlawful manufacture of  methamphetamine  in  the  first
 degree  as defined in section 220.75; or operating as a major trafficker
 as defined in section 220.77; CRIMINAL SALE OF AN  IMITATION  CONTROLLED
 SUBSTANCE  IN  THE  FIFTH  DEGREE AS DEFINED IN SECTION 220.83; CRIMINAL
 SALE OF AN IMITATION CONTROLLED SUBSTANCE IN THE THIRD DEGREE AS DEFINED
 IN  SECTION  220.84;  AND  CRIMINAL  SALE  OF  AN  IMITATION  CONTROLLED
 SUBSTANCE IN THE FIRST DEGREE AS DEFINED IN SECTION 220.85.
   §  6. Paragraphs (a) and (b) of subdivision 1 of section 460.10 of the
 penal law, paragraph (a) as amended by chapter 134 of the laws  of  2019
 and  paragraph  (b)  as  amended by chapter 442 of the laws of 2006, are
 amended to read as follows:
   (a) Any of the felonies set forth in this  chapter:  sections  120.05,
 120.10 and 120.11 relating to assault; sections 121.12 and 121.13 relat-
 ing  to  strangulation;  sections 125.10 to 125.27 relating to homicide;
 sections 130.25, 130.30 and 130.35 relating to rape; sections 135.20 and
 135.25 relating to kidnapping; sections 135.35 and  135.37  relating  to
 labor trafficking; section 135.65 relating to coercion; sections 140.20,
 140.25  and  140.30  relating  to  burglary; sections 145.05, 145.10 and
 145.12 relating to criminal mischief; article one hundred fifty relating
 to arson; sections 155.30, 155.35, 155.40 and 155.42 relating  to  grand
 larceny;  sections  177.10, 177.15, 177.20 and 177.25 relating to health
 care fraud; article one hundred  sixty  relating  to  robbery;  sections
 165.45,  165.50,  165.52  and  165.54 relating to criminal possession of
 stolen property; sections 165.72 and 165.73 relating to trademark  coun-
 terfeiting;  sections 170.10, 170.15, 170.25, 170.30, 170.40, 170.65 and
 170.70 relating to forgery; sections 175.10, 175.25, 175.35, 175.40  and
 210.40 relating to false statements; sections 176.15, 176.20, 176.25 and
 176.30  relating to insurance fraud; sections 178.20 and 178.25 relating
 to criminal diversion of  prescription  medications  and  prescriptions;
 sections 180.03, 180.08, 180.15, 180.25, 180.40, 180.45, 200.00, 200.03,
 200.04,  200.10, 200.11, 200.12, 200.20, 200.22, 200.25, 200.27, 200.56,
 215.00, 215.05 and 215.19 relating to bribery; sections 187.10,  187.15,
 187.20  and  187.25  relating  to  residential  mortgage fraud, sections
 190.40 and 190.42 relating to criminal usury; section 190.65 relating to
 schemes to defraud; any felony defined in article four  hundred  ninety-
 S. 4007--A                         241                        A. 3007--A
 
 six;  sections  205.60  and  205.65  relating  to hindering prosecution;
 sections 210.10, 210.15, and 215.51 relating to  perjury  and  contempt;
 section  215.40  relating  to tampering with physical evidence; sections
 220.06,  220.09, 220.16, 220.18, 220.21, 220.31, 220.34, 220.39, 220.41,
 220.43, 220.46, 220.55, 220.60, 220.65 and 220.77 relating to controlled
 substances; sections 225.10 and 225.20 relating  to  gambling;  sections
 230.25,  230.30,  and 230.32 relating to promoting prostitution; section
 230.34 relating to sex trafficking; section  230.34-a  relating  to  sex
 trafficking  of  a  child;  sections  235.06,  235.07, 235.21 and 235.22
 relating to obscenity; sections 263.10 and 263.15 relating to  promoting
 a  sexual  performance  by  a  child;  sections  265.02, 265.03, 265.04,
 265.11, 265.12, 265.13  and  the  provisions  of  section  265.10  which
 constitute  a  felony  relating to firearms and other dangerous weapons;
 sections 265.14 and 265.16 relating  to  criminal  sale  of  a  firearm;
 section  265.50  relating to the criminal manufacture, sale or transport
 of an undetectable firearm, rifle or shotgun;  section  275.10,  275.20,
 275.30,  or 275.40 relating to unauthorized recordings; SECTIONS 220.82,
 220.83, 220.84 AND 220.85 RELATING TO IMITATION  CONTROLLED  SUBSTANCES;
 and  sections  470.05, 470.10, 470.15 and 470.20 relating to money laun-
 dering; or
   (b) Any felony set forth elsewhere in  the  laws  of  this  state  and
 defined  by the tax law relating to alcoholic beverage, cigarette, gaso-
 line and similar motor fuel taxes; article seventy-one of  the  environ-
 mental  conservation law relating to water pollution, hazardous waste or
 substances hazardous or acutely hazardous to public health or safety  of
 the  environment;  article  twenty-three-A  of  the general business law
 relating to prohibited acts concerning stocks, bonds and  other  securi-
 ties,  article twenty-two of the general business law concerning monopo-
 lies;  ARTICLE  THIRTY-THREE  OF  THE  PUBLIC  HEALTH  LAW  RELATING  TO
 CONTROLLED SUBSTANCES OR IMITATION CONTROLLED SUBSTANCES.
   §  7. Paragraph (c) of subdivision 8 of section 700.05 of the criminal
 procedure law, as amended by chapter 92 of the laws of 2021, is  amended
 and a new paragraph (w) is added to read as follows:
   (c)  Criminal  possession  of  a  controlled  substance in the seventh
 degree  as  defined  in  section  220.03  of  the  penal  law,  criminal
 possession  of  a controlled substance in the fifth degree as defined in
 section 220.06 of the penal law, criminal  possession  of  a  controlled
 substance in the fourth degree as defined in section 220.09 of the penal
 law,  criminal  possession of a controlled substance in the third degree
 as defined in section 220.16 of the penal law, criminal possession of  a
 controlled  substance  in the second degree as defined in section 220.18
 of the penal law, criminal possession of a controlled substance  in  the
 first  degree  as  defined  in section 220.21 of the penal law, criminal
 sale of a controlled substance in the fifth degree as defined in section
 220.31 of the penal law, criminal sale of a controlled substance in  the
 fourth  degree  as  defined in section 220.34 of the penal law, criminal
 sale of a controlled substance in the third degree as defined in section
 220.39 of the penal law, criminal sale of a controlled substance in  the
 second  degree  as  defined in section 220.41 of the penal law, criminal
 sale of a controlled substance in the first degree as defined in section
 220.43 of the penal law, criminally possessing a  hypodermic  instrument
 as  defined  in  section  220.45  of  the  penal law, criminal sale of a
 prescription for a controlled substance or a controlled substance  by  a
 practitioner  or  pharmacist  as  defined in section 220.65 of the penal
 law, criminal possession of methamphetamine  manufacturing  material  in
 the  second degree as defined in section 220.70 of the penal law, crimi-
 S. 4007--A                         242                        A. 3007--A
 
 nal possession of methamphetamine manufacturing material  in  the  first
 degree  as  defined  in  section  220.71  of  the  penal  law,  criminal
 possession of precursors of methamphetamine as defined in section 220.72
 of  the  penal law, unlawful manufacture of methamphetamine in the third
 degree as defined in section 220.73 of the penal law, unlawful  manufac-
 ture  of  methamphetamine  in  the  second  degree as defined in section
 220.74 of the penal law, unlawful manufacture of methamphetamine in  the
 first  degree  as  defined  in section 220.75 of the penal law, unlawful
 disposal of methamphetamine laboratory material as  defined  in  section
 220.76  of  the penal law, operating as a major trafficker as defined in
 section 220.77 of the penal law, CRIMINAL  POSSESSION  OF  AN  IMITATION
 CONTROLLED SUBSTANCE IN THE THIRD DEGREE AS DEFINED IN SECTION 220.82 OF
 THE PENAL LAW, CRIMINAL SALE OF AN IMITATION CONTROLLED SUBSTANCE IN THE
 FIFTH  DEGREE  AS  DEFINED  IN SECTION 220.83 OF THE PENAL LAW, CRIMINAL
 SALE OF AN IMITATION CONTROLLED SUBSTANCE IN THE THIRD DEGREE AS DEFINED
 IN SECTION 220.84 OF THE  PENAL  LAW,  CRIMINAL  SALE  OF  AN  IMITATION
 CONTROLLED SUBSTANCE IN THE FIRST DEGREE AS DEFINED IN SECTION 220.85 OF
 THE  PENAL  LAW,  promoting  gambling in the second degree as defined in
 section 225.05 of the penal law, promoting gambling in the first  degree
 as  defined  in  section 225.10 of the penal law, possession of gambling
 records in the second degree as defined in section 225.15 of  the  penal
 law,  possession  of  gambling records in the first degree as defined in
 section 225.20 of the penal law, and possession of a gambling device  as
 defined in section 225.30 of the penal law;
   (W)  ANY OF THE ACTS DESIGNATED AS FELONIES IN ARTICLE THIRTY-THREE OF
 THE PUBLIC HEALTH LAW.
   § 8. Section 220.00 of the penal law is amended by adding a new subdi-
 vision 6 to read as follows:
   6. "IMITATION CONTROLLED SUBSTANCE" SHALL HAVE  THE  SAME  MEANING  AS
 PROVIDED  FOR  IN PARAGRAPH C OF SUBDIVISION ONE OF SECTION THIRTY-THREE
 HUNDRED EIGHTY-THREE OF THE PUBLIC HEALTH LAW.
   § 9. The penal law is amended by  adding  five  new  sections  220.81,
 220.82, 220.83, 220.84 and 220.85 to read as follows:
 § 220.81 CRIMINAL POSSESSION OF AN IMITATION CONTROLLED SUBSTANCE IN THE
            FIFTH DEGREE.
   A  PERSON  IS GUILTY OF CRIMINAL POSSESSION OF AN IMITATION CONTROLLED
 SUBSTANCE IN THE FIFTH DEGREE WHEN HE OR SHE  KNOWINGLY  AND  UNLAWFULLY
 POSSESSES  AN IMITATION CONTROLLED SUBSTANCE, AS DEFINED IN SUBPARAGRAPH
 ONE OF PARAGRAPH C OF SUBDIVISION ONE OF  SECTION  THIRTY-THREE  HUNDRED
 EIGHTY-THREE OF THE PUBLIC HEALTH LAW, WITH THE INTENT TO SELL IT.
   CRIMINAL  POSSESSION OF AN IMITATION CONTROLLED SUBSTANCE IN THE FIFTH
 DEGREE IS A CLASS A MISDEMEANOR.
 § 220.82 CRIMINAL POSSESSION OF AN IMITATION CONTROLLED SUBSTANCE IN THE
            THIRD DEGREE.
   A PERSON IS GUILTY OF CRIMINAL POSSESSION OF AN  IMITATION  CONTROLLED
 SUBSTANCE  IN  THE  THIRD DEGREE WHEN HE OR SHE KNOWINGLY AND UNLAWFULLY
 POSSESSES AN IMITATION CONTROLLED SUBSTANCE, AS DEFINED IN  SUBPARAGRAPH
 TWO  OF  PARAGRAPH  C OF SUBDIVISION ONE OF SECTION THIRTY-THREE HUNDRED
 EIGHTY-THREE OF THE PUBLIC HEALTH LAW, WITH THE INTENT TO SELL IT.
   CRIMINAL POSSESSION OF AN IMITATION CONTROLLED SUBSTANCE IN THE  THIRD
 DEGREE IS A CLASS D FELONY.
 § 220.83 CRIMINAL SALE OF AN IMITATION CONTROLLED SUBSTANCE IN THE FIFTH
            DEGREE.
   A  PERSON  IS  GUILTY  OF  CRIMINAL  SALE  OF  AN IMITATION CONTROLLED
 SUBSTANCE IN THE FIFTH DEGREE WHEN HE OR SHE  KNOWINGLY  AND  UNLAWFULLY
 SELLS  AN IMITATION CONTROLLED SUBSTANCE, AS DEFINED IN SUBPARAGRAPH ONE
 S. 4007--A                         243                        A. 3007--A
 
 OF PARAGRAPH C OF SUBDIVISION ONE OF SECTION THIRTY-THREE HUNDRED EIGHT-
 Y-THREE OF THE PUBLIC HEALTH LAW.
   CRIMINAL SALE OF AN IMITATION CONTROLLED SUBSTANCE IN THE FIFTH DEGREE
 IS A CLASS E FELONY.
 § 220.84 CRIMINAL SALE OF AN IMITATION CONTROLLED SUBSTANCE IN THE THIRD
            DEGREE.
   A  PERSON  IS  GUILTY  OF  CRIMINAL  SALE  OF  AN IMITATION CONTROLLED
 SUBSTANCE IN THE THIRD DEGREE WHEN HE OR SHE  KNOWINGLY  AND  UNLAWFULLY
 SELLS  AN IMITATION CONTROLLED SUBSTANCE, AS DEFINED IN SUBPARAGRAPH TWO
 OF PARAGRAPH C OF SUBDIVISION ONE OF SECTION THIRTY-THREE HUNDRED EIGHT-
 Y-THREE OF THE PUBLIC HEALTH LAW.
   CRIMINAL SALE OF AN IMITATION CONTROLLED SUBSTANCE IN THE THIRD DEGREE
 IS A CLASS C FELONY.
 § 220.85 CRIMINAL SALE OF AN IMITATION CONTROLLED SUBSTANCE IN THE FIRST
            DEGREE.
   A PERSON IS  GUILTY  OF  CRIMINAL  SALE  OF  AN  IMITATION  CONTROLLED
 SUBSTANCE  IN  THE  FIRST DEGREE WHEN HE OR SHE KNOWINGLY AND UNLAWFULLY
 SELLS AN IMITATION CONTROLLED SUBSTANCE AND HE OR SHE KNOWS  OR  REASON-
 ABLY SHOULD KNOW THAT THE IMITATION CONTROLLED SUBSTANCE COULD CAUSE THE
 SERIOUS  PHYSICAL  INJURY   OF ANOTHER PERSON, AS DEFINED BY SUBDIVISION
 TEN OF SECTION 10.00 OF THIS CHAPTER, OR HE OR SHE KNOWS  OR  REASONABLY
 SHOULD  KNOW  THAT  THE  IMITATION  CONTROLLED SUBSTANCE COULD CAUSE THE
 DEATH OF ANOTHER PERSON, AND THE IMITATION CONTROLLED  SUBSTANCE  CAUSES
 THE SERIOUS PHYSICAL INJURY OR DEATH OF ANOTHER PERSON.
   CRIMINAL SALE OF AN IMITATION CONTROLLED SUBSTANCE IN THE FIRST DEGREE
 IS A CLASS A-1 FELONY.
   §  10.  Section  220.25 of the penal law, as amended by chapter 276 of
 the laws of 1973, subdivision 1 as amended by chapter 278 of the laws of
 1973 and subdivision 2 as amended by chapter 341 of the laws of 1985, is
 amended to read as follows:
 § 220.25 Criminal possession of a controlled substance OR  AN  IMITATION
            CONTROLLED SUBSTANCE; presumption.
   1.  The  presence of a controlled substance OR AN IMITATION CONTROLLED
 SUBSTANCE in an automobile, other than a public omnibus, is  presumptive
 evidence  of  knowing possession thereof by each and every person in the
 automobile at the time such controlled substance OR IMITATION CONTROLLED
 SUBSTANCE was found; except that such presumption does not apply (a)  to
 a  duly  licensed operator of an automobile who is at the time operating
 it for hire in the lawful and proper pursuit of his trade, or (b) to any
 person in the automobile if one of them, having obtained the  controlled
 substance  OR IMITATION CONTROLLED SUBSTANCE and not being under duress,
 is authorized to possess it and such controlled substance  OR  IMITATION
 CONTROLLED  SUBSTANCE  is  in  the  same  container  as when he received
 possession thereof, or (c) when the controlled  substance  OR  IMITATION
 CONTROLLED  SUBSTANCE  is  concealed upon the person of one of the occu-
 pants.
   2. The presence of a narcotic drug, narcotic preparation, marihuana or
 phencyclidine in open view in a room, other than a public  place,  under
 circumstances evincing an intent to unlawfully mix, compound, package or
 otherwise  prepare  for  sale  such  controlled  substance  OR IMITATION
 CONTROLLED SUBSTANCE is presumptive evidence of knowing possession ther-
 eof by each and every person  in  close  proximity  to  such  controlled
 substance  OR IMITATION CONTROLLED SUBSTANCE at the time such controlled
 substance OR IMITATION CONTROLLED SUBSTANCE was found; except that  such
 presumption  does  not  apply  to  any  such persons if (a) one of them,
 having  obtained  such  controlled  substance  OR  IMITATION  CONTROLLED
 S. 4007--A                         244                        A. 3007--A
 
 SUBSTANCE  and  not  being under duress, is authorized to possess it and
 such controlled substance OR IMITATION CONTROLLED SUBSTANCE  is  in  the
 same  container  as  when  he received possession thereof, or (b) one of
 them  has  such  controlled  substance OR IMITATION CONTROLLED SUBSTANCE
 upon his person.
   § 11. This act shall take effect immediately.
 
                                  PART CC

   Section 1. Articles 131, 131-A, 131-B, 131-C, 132, 133, 134, 136, 137,
 137-A, 139, 140, 141, 143, 144, 153, 154, 155, 156, 157, 159, 160,  162,
 163, 164, 165, 166, 167 and 168 of the education law are REPEALED.
   §  2.  The  public health law is amended by adding a new article 51 to
 read as follows:
                                ARTICLE 51
                      LICENSED HEALTHCARE PROFESSIONS
                                  TITLE 1
            LICENSED HEALTHCARE PROFESSIONS GENERAL PROVISIONS
                                SUBTITLE 1
                           INTRODUCTORY SUMMARY
 SECTION 6500.   INTRODUCTION.
         6501.   ADMISSION TO A PROFESSION (LICENSING).
         6501-A. AFFIRMATION OF APPLICATIONS.
         6502.   DURATION AND REGISTRATION OF A LICENSE.
         6502-A. RENEWAL  OF  PROFESSIONAL  LICENSE,  CERTIFICATION,   OR
                   REGISTRATION.
         6503.   PRACTICE OF A PROFESSION.
         6503-A. WAIVER   FOR  ENTITIES  PROVIDING  CERTAIN  PROFESSIONAL
                   SERVICES.
         6503-B. WAIVER FOR CERTAIN SPECIAL EDUCATION SCHOOLS  AND  EARLY
                   INTERVENTION AGENCIES.
         6504.   REGULATION OF THE PROFESSIONS.
         6505.   CONSTRUCTION.
         6505-A. PROFESSIONAL REFERRALS.
         6505-B. COURSE WORK OR TRAINING IN INFECTION CONTROL PRACTICES.
         6505-C. ARTICULATION  BETWEEN MILITARY AND CIVILIAN PROFESSIONAL
                   CAREERS.
   § 6500. INTRODUCTION. THIS ARTICLE PROVIDES FOR THE REGULATION OF  THE
 ADMISSION  TO  AND THE PRACTICE OF CERTAIN PROFESSIONS. THIS FIRST TITLE
 APPLIES TO ALL THE PROFESSIONS INCLUDED IN  THIS  ARTICLE,  EXCEPT  THAT
 PREHEARING  PROCEDURES  AND  HEARING  PROCEDURES  IN CONNECTION WITH THE
 REGULATION OF PROFESSIONAL CONDUCT OF THE  PROFESSION  OF  MEDICINE  AND
 PHYSICIAN'S  ASSISTANTS  AND  SPECIALIST'S ASSISTANTS SHALL BE CONDUCTED
 PURSUANT TO THE PROVISIONS OF TITLE TWO-A OF ARTICLE TWO OF  THIS  CHAP-
 TER. EACH OF THE REMAINING TITLES APPLIES TO A PARTICULAR PROFESSION.
   §  6501.  ADMISSION TO A PROFESSION (LICENSING). 1. ADMISSION TO PRAC-
 TICE OF A PROFESSION IN THIS STATE IS ACCOMPLISHED BY  A  LICENSE  BEING
 ISSUED TO A QUALIFIED APPLICANT BY THE HEALTH DEPARTMENT. TO QUALIFY FOR
 A  LICENSE  AN  APPLICANT  SHALL MEET THE REQUIREMENTS PRESCRIBED IN THE
 TITLE FOR THE PARTICULAR PROFESSION  AND  SHALL  MEET  THE  REQUIREMENTS
 PRESCRIBED IN SECTION 3-503 OF THE GENERAL OBLIGATIONS LAW.
   2. A. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, ANY APPLI-
 CANT  SEEKING  TO  QUALIFY FOR A LICENSE PURSUANT TO THIS ARTICLE WHO IS
 THE SPOUSE OF AN ACTIVE DUTY MEMBER OF THE ARMED FORCES  OF  THE  UNITED
 STATES, NATIONAL GUARD OR RESERVES AS DEFINED IN 10 U.S.C. SECTIONS 1209
 AND  1211,  AND SUCH SPOUSE IS TRANSFERRED BY THE MILITARY TO THIS STATE
 S. 4007--A                         245                        A. 3007--A
 
 SHALL BE AFFORDED AN EXPEDITED REVIEW OF  HIS  OR  HER  APPLICATION  FOR
 LICENSURE. SUCH APPLICATION SHALL BE ON A FORM PRESCRIBED BY THE DEPART-
 MENT  AND  SHALL INCLUDE AN ATTESTATION BY THE APPLICANT OF THE MILITARY
 STATUS  OF HIS OR HER SPOUSE AND ANY OTHER SUCH SUPPORTING DOCUMENTATION
 THAT THE DEPARTMENT MAY REQUIRE. UPON REVIEW OF  SUCH  APPLICATION,  THE
 DEPARTMENT SHALL ISSUE A LICENSE TO THE APPLICANT IF THE APPLICANT HOLDS
 A  LICENSE  IN  GOOD STANDING IN ANOTHER STATE AND IN THE OPINION OF THE
 DEPARTMENT, THE REQUIREMENTS FOR  LICENSURE  OF  SUCH  OTHER  STATE  ARE
 SUBSTANTIALLY  EQUIVALENT  TO  THE  REQUIREMENTS  FOR  LICENSURE IN THIS
 STATE.
   B. IN ADDITION TO THE EXPEDITED REVIEW GRANTED IN PARAGRAPH A OF  THIS
 SUBDIVISION,  AN  APPLICANT WHO PROVIDES SATISFACTORY DOCUMENTATION THAT
 HE OR SHE HOLDS A LICENSE IN  GOOD  STANDING  FROM  ANOTHER  STATE,  MAY
 REQUEST  THE  ISSUANCE OF A TEMPORARY PRACTICE PERMIT, WHICH, IF GRANTED
 WILL PERMIT THE APPLICANT TO WORK UNDER THE SUPERVISION OF  A  NEW  YORK
 STATE  LICENSEE  IN ACCORDANCE WITH REGULATIONS OF THE COMMISSIONER. THE
 DEPARTMENT MAY GRANT SUCH TEMPORARY  PRACTICE  PERMIT  WHEN  IT  APPEARS
 BASED  ON THE APPLICATION AND SUPPORTING DOCUMENTATION RECEIVED THAT THE
 APPLICANT WILL MEET THE REQUIREMENTS FOR LICENSURE IN THIS STATE BECAUSE
 HE OR SHE HOLDS A LICENSE IN  GOOD  STANDING  FROM  ANOTHER  STATE  WITH
 SIGNIFICANTLY  COMPARABLE LICENSURE REQUIREMENTS TO THOSE OF THIS STATE,
 EXCEPT THE DEPARTMENT HAS NOT BEEN ABLE TO SECURE DIRECT SOURCE  VERIFI-
 CATION  OF  THE  APPLICANT'S  UNDERLYING  CREDENTIALS  (E.G., RECEIPT OF
 ORIGINAL TRANSCRIPT, EXPERIENCE  VERIFICATION).  SUCH  PERMIT  SHALL  BE
 VALID  FOR  SIX  MONTHS  OR  UNTIL  TEN DAYS AFTER NOTIFICATION THAT THE
 APPLICANT DOES NOT MEET THE QUALIFICATIONS FOR LICENSURE. AN  ADDITIONAL
 SIX  MONTHS  MAY  BE GRANTED UPON A DETERMINATION BY THE DEPARTMENT THAT
 THE APPLICANT IS EXPECTED TO QUALIFY FOR THE FULL LICENSE  UPON  RECEIPT
 OF  THE  REMAINING DIRECT SOURCE VERIFICATION DOCUMENTS REQUESTED BY THE
 DEPARTMENT IN SUCH TIME PERIOD AND  THAT  THE  DELAY  IN  PROVIDING  THE
 NECESSARY  DOCUMENTATION  FOR  FULL  LICENSURE  WAS  DUE  TO EXTENUATING
 CIRCUMSTANCES WHICH THE MILITARY SPOUSE COULD NOT AVOID.
   C. A TEMPORARY PRACTICE PERMIT ISSUED UNDER PARAGRAPH B OF THIS SUBDI-
 VISION SHALL BE SUBJECT TO THE FULL DISCIPLINARY AND REGULATORY AUTHORI-
 TY OF THE DEPARTMENT, PURSUANT TO THIS ARTICLE, AS IF SUCH AUTHORIZATION
 WERE A PROFESSIONAL LICENSE ISSUED UNDER THIS ARTICLE.
   D. THE DEPARTMENT SHALL REDUCE THE INITIAL LICENSURE  APPLICATION  FEE
 BY  ONE-HALF  FOR  ANY  APPLICATION SUBMITTED BY A MILITARY SPOUSE UNDER
 THIS SUBDIVISION.
   § 6501-A.  AFFIRMATION  OF  APPLICATIONS.  NOTWITHSTANDING  ANY  OTHER
 PROVISION OF LAW TO THE CONTRARY, ANY APPLICATION REQUIRED BY THIS ARTI-
 CLE  TO  BE FILED WITH THE DEPARTMENT MAY, IN LIEU OF BEING CERTIFIED OR
 SWORN UNDER OATH, BE SUBSCRIBED BY THE APPLICANT  AND  AFFIRMED  BY  THE
 APPLICANT AS TRUE UNDER PENALTIES OF PERJURY.
   §  6502. DURATION AND REGISTRATION OF A LICENSE. 1. A LICENSE SHALL BE
 VALID DURING  THE  LIFE  OF  THE  HOLDER  UNLESS  REVOKED,  ANNULLED  OR
 SUSPENDED BY COMMISSIONER OR IN THE CASE OF PHYSICIANS, PHYSICIANS PRAC-
 TICING  UNDER  A  LIMITED  PERMIT,  PHYSICIAN'S ASSISTANTS, SPECIALIST'S
 ASSISTANTS AND MEDICAL RESIDENTS, THE  LICENSEE  IS  STRICKEN  FROM  THE
 ROSTER  OF  SUCH LICENSEES BY THE COMMISSIONER ON THE ORDER OF THE STATE
 BOARD FOR PROFESSIONAL MEDICAL CONDUCT. A LICENSEE  MUST  REGISTER  WITH
 THE  DEPARTMENT AND MEET THE REQUIREMENTS PRESCRIBED IN SECTION 3-503 OF
 THE GENERAL OBLIGATIONS LAW TO PRACTICE IN THIS STATE.
   2. THE DEPARTMENT SHALL ESTABLISH THE BEGINNING DATES OF THE REGISTRA-
 TION PERIODS FOR EACH PROFESSION AND MAIL AN APPLICATION  FOR  REGISTRA-
 TION  CONFORMING  TO  THE  REQUIREMENTS  OF SECTION 3-503 OF THE GENERAL
 S. 4007--A                         246                        A. 3007--A
 
 OBLIGATIONS LAW TO EVERY LICENSEE CURRENTLY  REGISTERED  AT  LEAST  FOUR
 MONTHS PRIOR TO THE BEGINNING OF THE REGISTRATION PERIOD FOR THE RESPEC-
 TIVE PROFESSION.
   3.  AN  APPLICATION FOR REGISTRATION AND THE REQUIRED REGISTRATION FEE
 SHALL BE SUBMITTED TOGETHER WITH OR AS A PART OF THE APPLICATION  FOR  A
 LICENSE.  A  PERSON  INITIALLY  LICENSED OR A LICENSEE RESUMING PRACTICE
 AFTER A LAPSE OF REGISTRATION DURING THE LAST TWO YEARS OF  A  TRIENNIAL
 REGISTRATION  PERIOD SHALL RECEIVE A PRORATED REFUND OF ONE-THIRD OF THE
 TOTAL REGISTRATION FEE FOR EACH FULL YEAR OF THE TRIENNIAL  PERIOD  THAT
 HAS  ELAPSED  PRIOR  TO  THE DATE OF REGISTRATION. EXCEPT AS PROVIDED IN
 SUBDIVISION THREE-A OF THIS SECTION,  THE  DEPARTMENT  SHALL  RENEW  THE
 REGISTRATION OF EACH LICENSEE UPON RECEIPT OF A PROPER APPLICATION, ON A
 FORM  PRESCRIBED BY THE DEPARTMENT AND CONFORMING TO THE REQUIREMENTS OF
 SECTION 3-503 OF THE GENERAL OBLIGATIONS LAW, AND THE REGISTRATION  FEE.
 ANY  LICENSEE  WHO FAILS TO REGISTER BY THE BEGINNING OF THE APPROPRIATE
 REGISTRATION PERIOD SHALL BE REQUIRED TO PAY AN ADDITIONAL FEE FOR  LATE
 FILING OF TEN DOLLARS FOR EACH MONTH THAT REGISTRATION HAS BEEN DELAYED.
 NO  LICENSEE  RESUMING  PRACTICE  AFTER A LAPSE OF REGISTRATION SHALL BE
 PERMITTED TO PRACTICE WITHOUT  ACTUAL  POSSESSION  OF  THE  REGISTRATION
 CERTIFICATE.
   3-A.  PRIOR  TO  ISSUING ANY REGISTRATION PURSUANT TO THIS SECTION AND
 SECTION SIXTY-FIVE HUNDRED TWENTY-FOUR OF THIS ARTICLE,  THE  DEPARTMENT
 SHALL  REQUEST AND REVIEW ANY INFORMATION RELATING TO AN APPLICANT WHICH
 REASONABLY APPEARS TO RELATE TO PROFESSIONAL MISCONDUCT IN  HIS  OR  HER
 PROFESSIONAL PRACTICE IN THIS AND ANY OTHER JURISDICTION. THE DEPARTMENT
 SHALL  ADVISE THE DIRECTOR OF THE OFFICE OF PROFESSIONAL MEDICAL CONDUCT
 IN THE DEPARTMENT OF ANY INFORMATION ABOUT AN APPLICANT WHICH REASONABLY
 APPEARS TO BE PROFESSIONAL MISCONDUCT AS DEFINED IN SECTIONS  SIXTY-FIVE
 HUNDRED THIRTY AND SIXTY-FIVE HUNDRED THIRTY-ONE OF THIS ARTICLE, WITHIN
 SEVEN DAYS OF ITS DISCOVERY. THE REGISTRATION OR RE-REGISTRATION OF SUCH
 APPLICANT SHALL NOT BE DELAYED FOR A PERIOD EXCEEDING THIRTY DAYS UNLESS
 THE  DIRECTOR  FINDS A BASIS FOR RECOMMENDING SUMMARY ACTION PURSUANT TO
 SUBDIVISION TWELVE OF SECTION TWO HUNDRED THIRTY OF THIS  CHAPTER  AFTER
 CONSULTATION WITH A COMMITTEE ON PROFESSIONAL CONDUCT OF THE STATE BOARD
 FOR PROFESSIONAL MEDICAL CONDUCT, IF WARRANTED. RE-REGISTRATION SHALL BE
 ISSUED  IF  THE  COMMISSIONER  OF  HEALTH FAILS TO ISSUE A SUMMARY ORDER
 PURSUANT TO SUBDIVISION TWELVE OF SECTION TWO  HUNDRED  THIRTY  OF  THIS
 CHAPTER  WITHIN NINETY DAYS OF NOTICE BY THE DEPARTMENT PURSUANT TO THIS
 SUBDIVISION.  RE-REGISTRATION SHALL BE DENIED IF THE COMMISSIONER ISSUES
 A SUMMARY ORDER PURSUANT TO SUBDIVISION TWELVE OF  SECTION  TWO  HUNDRED
 THIRTY OF THIS CHAPTER.
   4.  ANY LICENSEE WHO IS NOT ENGAGING IN THE PRACTICE OF HIS PROFESSION
 IN THIS STATE AND DOES NOT  DESIRE  TO  REGISTER  SHALL  SO  ADVISE  THE
 DEPARTMENT. SUCH LICENSEE SHALL NOT BE REQUIRED TO PAY AN ADDITIONAL FEE
 FOR FAILURE TO REGISTER AT THE BEGINNING OF THE REGISTRATION PERIOD.
   5.  LICENSEES  SHALL  NOTIFY  THE  DEPARTMENT OF ANY CHANGE OF NAME OR
 MAILING ADDRESS WITHIN THIRTY DAYS OF SUCH CHANGE. FAILURE  TO  REGISTER
 OR  PROVIDE  SUCH  NOTICE  WITHIN ONE HUNDRED EIGHTY DAYS OF SUCH CHANGE
 SHALL BE WILLFUL FAILURE UNDER SECTION SIXTY-FIVE HUNDRED THIRTY OF THIS
 ARTICLE.
   6. THE FEE FOR REPLACEMENT  OF  A  LOST  REGISTRATION  CERTIFICATE  OR
 LICENSE  OR  FOR  REGISTRATION  OF  AN  ADDITIONAL  OFFICE  SHALL BE TEN
 DOLLARS.
   7. AN ADDITIONAL FEE OF TWENTY-FIVE DOLLARS SHALL BE CHARGED  FOR  THE
 LICENSURE  OR  REGISTRATION  OF ANY APPLICANT WHO SUBMITS A BAD CHECK TO
 THE DEPARTMENT.
 S. 4007--A                         247                        A. 3007--A
 
   § 6502-A. RENEWAL OF PROFESSIONAL LICENSE, CERTIFICATION, OR REGISTRA-
 TION. 1. THIS SECTION SHALL APPLY TO HEALTHCARE PROFESSIONALS  LICENSED,
 CERTIFIED,  REGISTERED OR AUTHORIZED PURSUANT TO THIS ARTICLE OTHER THAN
 THOSE LICENSED OR REGISTERED PURSUANT TO TITLE TWO OF THIS ARTICLE.
   2.  IN  CONJUNCTION  WITH  AND  AS  A  CONDITION  OF EACH REGISTRATION
 RENEWAL, THE PROFESSIONALS DESCRIBED IN SUBDIVISION ONE OF THIS  SECTION
 SHALL  PROVIDE TO THE DEPARTMENT, AND THE DEPARTMENT SHALL COLLECT, SUCH
 INFORMATION AND DOCUMENTATION REQUIRED BY THE DEPARTMENT AS IS NECESSARY
 TO ENABLE THE DEPARTMENT TO EVALUATE ACCESS TO NEEDED SERVICES  IN  THIS
 STATE,  INCLUDING,  BUT NOT LIMITED TO, THE LOCATION AND TYPE OF SETTING
 IN WHICH THE PROFESSIONAL PRACTICES AND OTHER RELEVANT INFORMATION.  THE
 DEPARTMENT  SHALL  MAKE  SUCH DATA AVAILABLE IN AGGREGATE, DE-IDENTIFIED
 FORM ON A PUBLICLY ACCESSIBLE WEBSITE.
   3. THE DATES BY WHICH THE PROFESSIONALS DESCRIBED IN  SUBDIVISION  ONE
 OF  THIS SECTION MUST COMPLY WITH THE REQUIREMENTS OF SUBDIVISION TWO OF
 THIS SECTION SHALL BE DETERMINED BY  THE  DEPARTMENT  AND  MAY  VARY  BY
 PROFESSION, TO ALLOW THE DEVELOPMENT AND REFINEMENT OF NECESSARY PROGRAM
 FEATURES  AND  TO  ALLOW  SUFFICIENT  ADVANCED  NOTICE TO BE PROVIDED TO
 AFFECTED PROFESSIONALS. THE PROVISIONS OF THIS SECTION SHALL  BE  EFFEC-
 TIVE  ONLY  IF  AND  FOR  SO  LONG  AS  AN APPROPRIATION IS MADE FOR THE
 PURPOSES OF ITS IMPLEMENTATION.
   § 6503. PRACTICE OF A PROFESSION.  ADMISSION  TO  THE  PRACTICE  OF  A
 PROFESSION  ENTITLES  THE  LICENSEE  TO:  1.  PRACTICE THE PROFESSION AS
 DEFINED IN THE TITLE FOR THE PARTICULAR PROFESSION;
   2. ENTITLES THE INDIVIDUAL LICENSEE TO USE THE PROFESSIONAL  TITLE  AS
 PROVIDED IN THE TITLE FOR THE PARTICULAR PROFESSION; AND
   3.  SUBJECTS  THE LICENSEE TO THE PROCEDURES AND PENALTIES FOR PROFES-
 SIONAL MISCONDUCT AS PRESCRIBED IN THIS ARTICLE.
   § 6503-A. WAIVER FOR ENTITIES PROVIDING CERTAIN PROFESSIONAL SERVICES.
 1. A.  NOTWITHSTANDING ANY LAWS TO THE CONTRARY, EXCEPT AS  PROVIDED  IN
 SUBDIVISION TWO OF THIS SECTION, A NOT-FOR-PROFIT CORPORATION FORMED FOR
 CHARITABLE, EDUCATIONAL, OR RELIGIOUS PURPOSES OR OTHER SIMILAR PURPOSES
 DEEMED  ACCEPTABLE  BY  THE  DEPARTMENT;  OR AN EDUCATION CORPORATION AS
 DEFINED IN SUBDIVISION ONE OF  SECTION  TWO  HUNDRED  SIXTEEN-A  OF  THE
 EDUCATION  LAW MAY PROVIDE THE FOLLOWING SERVICES, PROVIDED THAT, EXCEPT
 AS OTHERWISE PROVIDED IN PARAGRAPH B OF THIS SUBDIVISION, THE ENTITY WAS
 IN EXISTENCE PRIOR TO THE EFFECTIVE DATE OF THIS SECTION AND HAS APPLIED
 TO THE DEPARTMENT FOR A WAIVER PURSUANT TO THIS SECTION BY NO LATER THAN
 FEBRUARY FIRST, TWO THOUSAND TWENTY-FOUR:
   (I) SERVICES PROVIDED UNDER TITLE EIGHTEEN, TWENTY-FIVE OR TWENTY-NINE
 OF THIS ARTICLE FOR WHICH LICENSURE WOULD BE REQUIRED, OR
   (II) SERVICES CONSTITUTING THE PROVISION OF PSYCHOTHERAPY  AS  DEFINED
 IN  SUBDIVISION  TWO  OF SECTION EIGHTY-FOUR HUNDRED ONE OF THIS ARTICLE
 AND AUTHORIZED AND PROVIDED UNDER TITLE TWO,  TWELVE,  OR  SEVENTEEN  OF
 THIS ARTICLE.
   SUCH  SERVICES  MAY  BE  PROVIDED EITHER DIRECTLY THROUGH THE ENTITY'S
 EMPLOYEES OR INDIRECTLY BY CONTRACT  WITH  INDIVIDUALS  OR  PROFESSIONAL
 ENTITIES  DULY  LICENSED,  REGISTERED,  OR  AUTHORIZED  TO  PROVIDE SUCH
 SERVICES.
   B. THE DEPARTMENT MAY ISSUE A WAIVER ON OR AFTER JULY FIRST, TWO THOU-
 SAND TWENTY-FOUR TO AN ENTITY WHICH WAS CREATED BEFORE, ON, OR AFTER THE
 EFFECTIVE DATE OF THIS SECTION IF THERE IS A DEMONSTRATION  OF  NEED  OF
 THE ENTITY'S SERVICES SATISFACTORY TO THE DEPARTMENT.
   C.  AFTER  THE  COMMISSIONER PRESCRIBES THE APPLICATION FORM AND POSTS
 NOTICE OF ITS AVAILABILITY  ON  THE  DEPARTMENT'S  WEBSITE,  ANY  ENTITY
 DESCRIBED  IN  PARAGRAPH A OF THIS SUBDIVISION PROVIDING SERVICES ON THE
 S. 4007--A                         248                        A. 3007--A
 
 EFFECTIVE DATE OF THIS SECTION, MUST APPLY FOR A WAIVER  NO  LATER  THAN
 FEBRUARY FIRST, TWO THOUSAND TWENTY-FOUR. UPON SUBMISSION OF AN APPLICA-
 TION,  AN  ENTITY MAY CONTINUE TO OPERATE AND PROVIDE SERVICES UNTIL THE
 DEPARTMENT  SHALL EITHER DENY OR APPROVE THE ENTITY'S APPLICATION. AFTER
 THE DEPARTMENT RENDERS A TIMELY INITIAL DETERMINATION THAT THE APPLICANT
 HAS SUBMITTED THE INFORMATION NECESSARY TO VERIFY THAT THE  REQUIREMENTS
 OF  PARAGRAPHS  D,  E, AND F OF THIS SUBDIVISION ARE SATISFIED, APPLICA-
 TIONS FOR WAIVERS SHALL  BE  APPROVED  OR  DENIED  WITHIN  NINETY  DAYS;
 PROVIDED  HOWEVER,  THAT  IF THE WAIVER APPLICATION IS DENIED THE ENTITY
 SHALL CEASE PROVIDING PROFESSIONAL SERVICES, PURSUANT TO PARAGRAPH A  OF
 THIS SUBDIVISION, IN THE STATE OF NEW YORK.
   D.  SUCH  WAIVER SHALL PROVIDE THAT SERVICES RENDERED PURSUANT TO THIS
 SECTION, DIRECTLY OR INDIRECTLY, SHALL BE  PROVIDED  ONLY  BY  A  PERSON
 APPROPRIATELY  LICENSED  TO PROVIDE SUCH SERVICES PURSUANT TO TITLE TWO,
 TWELVE, SEVENTEEN, EIGHTEEN OR TWENTY-FIVE OF  THIS  ARTICLE,  OR  BY  A
 PERSON  OTHERWISE AUTHORIZED TO PROVIDE SUCH SERVICES UNDER SUCH TITLES,
 OR BY A PROFESSIONAL ENTITY AUTHORIZED BY LAW TO PROVIDE SUCH SERVICES.
   E. AN APPLICATION FOR A WAIVER TO PROVIDE PROFESSIONAL SERVICES PURSU-
 ANT TO THIS SECTION SHALL BE ON A FORM PRESCRIBED BY  THE  COMMISSIONER.
 SUCH APPLICATION SHALL INCLUDE:
   (I) THE NAME OF THE ENTITY,
   (II) THE NAMES OF THE DIRECTORS AND OFFICERS OF SUCH ENTITY,
   (III)  A  LISTING  OF  ANY  OTHER  JURISDICTIONS  WHERE THE ENTITY MAY
 PROVIDE SERVICES, AND
   (IV) AN ATTESTATION MADE BY AN OFFICER AUTHORIZED  BY  THE  ENTITY  TO
 MAKE  SUCH  ATTESTATION  THAT  IDENTIFIES  THE  SCOPE  OF SERVICES TO BE
 PROVIDED; INCLUDES A LIST OF PROFESSIONS UNDER  THIS  ARTICLE  IN  WHICH
 PROFESSIONAL SERVICES WILL BE PROVIDED BY SUCH ENTITY; INCLUDES A STATE-
 MENT  THAT,  UNLESS  OTHERWISE  AUTHORIZED BY LAW, THE ENTITY SHALL ONLY
 PROVIDE PROFESSIONAL SERVICES AUTHORIZED UNDER THIS SECTION; INCLUDES  A
 STATEMENT  THAT ONLY A LICENSED PROFESSIONAL, A PERSON OTHERWISE AUTHOR-
 IZED TO PROVIDE SUCH SERVICES, OR A PROFESSIONAL  ENTITY  AUTHORIZED  BY
 LAW TO PROVIDE SUCH SERVICES SHALL PROVIDE SUCH PROFESSIONAL SERVICES AS
 AUTHORIZED  UNDER THIS SECTION; AND ATTESTS TO THE ADEQUACY OF THE ENTI-
 TY'S FISCAL AND FINANCIAL RESOURCES TO  PROVIDE  SUCH  SERVICES.    SUCH
 APPLICATION  SHALL  ALSO  INCLUDE  ANY  OTHER INFORMATION RELATED TO THE
 APPLICATION AS MAY BE REQUIRED BY THE DEPARTMENT.
   F. EACH OFFICER AND DIRECTOR OF SUCH ENTITY SHALL PROVIDE AN  ATTESTA-
 TION  REGARDING  HIS OR HER GOOD MORAL CHARACTER AS REQUIRED PURSUANT TO
 PARAGRAPH H OF THIS  SUBDIVISION.  THE  COMMISSIONER  SHALL  BE  FURTHER
 AUTHORIZED  TO PROMULGATE RULES OR REGULATIONS RELATING TO THE STANDARDS
 OF THE WAIVER FOR ENTITIES PURSUANT TO THIS  SECTION.  SUCH  REGULATIONS
 SHALL  INCLUDE  STANDARDS  RELATING  TO  THE ENTITY'S ABILITY TO PROVIDE
 SERVICES, THE ENTITY'S MAINTENANCE OF PATIENT AND BUSINESS RECORDS,  THE
 ENTITY'S  FISCAL POLICIES, AND SUCH OTHER STANDARDS AS MAY BE PRESCRIBED
 BY THE COMMISSIONER.
   G. THE ENTITY OPERATING PURSUANT TO A WAIVER SHALL  DISPLAY,  AT  EACH
 SITE  WHERE  PROFESSIONAL SERVICES ARE PROVIDED TO THE PUBLIC, A CERTIF-
 ICATE OF SUCH WAIVER ISSUED BY THE DEPARTMENT PURSUANT TO THIS  SECTION,
 WHICH  SHALL CONTAIN THE NAME OF THE ENTITY AND THE ADDRESS OF THE SITE.
 SUCH ENTITIES SHALL OBTAIN FROM THE DEPARTMENT  ADDITIONAL  CERTIFICATES
 FOR EACH SITE AT WHICH PROFESSIONAL SERVICES ARE PROVIDED TO THE PUBLIC.
 EACH  ENTITY  SHALL  BE  REQUIRED  TO  RE-APPLY FOR A WAIVER EVERY THREE
 YEARS. IF ANY INFORMATION SUPPLIED TO THE DEPARTMENT REGARDING THE ENTI-
 TY SHALL CHANGE, THE ENTITY SHALL BE REQUIRED TO  PROVIDE  SUCH  UPDATED
 INFORMATION TO THE DEPARTMENT WITHIN SIXTY DAYS.
 S. 4007--A                         249                        A. 3007--A
 
   H. ENTITIES OPERATING UNDER A WAIVER PURSUANT TO THIS SECTION SHALL BE
 UNDER  THE  SUPERVISION OF THE DEPARTMENT AND SHALL BE SUBJECT TO DISCI-
 PLINARY PROCEEDINGS AND PENALTIES. THE WAIVERS FOR SUCH  ENTITIES  SHALL
 BE  SUBJECT TO SUSPENSION, REVOCATION OR ANNULMENT FOR CAUSE IN THE SAME
 MANNER  AND  TO THE SAME EXTENT AS INDIVIDUALS AND PROFESSIONAL SERVICES
 CORPORATIONS WITH RESPECT TO THEIR LICENSES, CERTIFICATES, AND REGISTRA-
 TIONS, AS APPLICABLE, AS PROVIDED IN THIS ARTICLE RELATING TO THE APPLI-
 CABLE PROFESSION. ALL OFFICERS AND DIRECTORS OF SUCH ENTITIES  SHALL  BE
 OF  GOOD  MORAL  CHARACTER.  ENTITIES OPERATING PURSUANT TO A WAIVER AND
 THEIR OFFICERS AND DIRECTORS SHALL BE ENTITLED TO THE SAME  DUE  PROCESS
 PROCEDURES AS ARE PROVIDED TO SUCH INDIVIDUALS AND PROFESSIONAL SERVICES
 CORPORATIONS.  NO WAIVER ISSUED UNDER THIS SECTION SHALL BE TRANSFERABLE
 OR ASSIGNABLE, AS SUCH TERMS ARE  DEFINED  IN  THE  REGULATIONS  OF  THE
 COMMISSIONER.
   I.  AN  ENTITY  OPERATING  PURSUANT TO A WAIVER SHALL NOT PRACTICE ANY
 PROFESSION LICENSED PURSUANT TO THIS ARTICLE OR HOLD ITSELF OUT  TO  THE
 PUBLIC  AS  AUTHORIZED TO PROVIDE PROFESSIONAL SERVICES PURSUANT TO THIS
 ARTICLE EXCEPT AS SPECIFICALLY AUTHORIZED BY THIS SECTION OR  AS  OTHER-
 WISE AUTHORIZED BY LAW.
   2. NO WAIVER PURSUANT TO THIS SECTION SHALL BE REQUIRED OF:
   A.  ANY  ENTITY  OPERATED UNDER AN OPERATING CERTIFICATE APPROPRIATELY
 ISSUED IN ACCORDANCE WITH ARTICLE SIXTEEN, THIRTY-ONE OR  THIRTY-TWO  OF
 THE  MENTAL HYGIENE LAW, ARTICLE TWENTY-EIGHT OF THIS CHAPTER, OR COMPA-
 RABLE PROCEDURES BY A NEW YORK STATE OR FEDERAL AGENCY, POLITICAL SUBDI-
 VISION, MUNICIPAL CORPORATION, OR LOCAL GOVERNMENT AGENCY  OR  UNIT,  IN
 ACCORDANCE  WITH  THE  SCOPE  OF THE AUTHORITY OF SUCH OPERATING CERTIF-
 ICATE; OR
   B. A UNIVERSITY FACULTY PRACTICE CORPORATION DULY INCORPORATED  PURSU-
 ANT TO THE NOT-FOR-PROFIT CORPORATION LAW; OR
   C.  AN INSTITUTION OF HIGHER EDUCATION AUTHORIZED TO PROVIDE A PROGRAM
 LEADING TO LICENSURE IN A PROFESSION DEFINED UNDER  TITLE  TWO,  TWELVE,
 SEVENTEEN,  EIGHTEEN, OR TWENTY-FIVE OF THIS ARTICLE, TO THE EXTENT THAT
 THE SCOPE OF SUCH SERVICES IS LIMITED TO THE SERVICES AUTHORIZED  TO  BE
 PROVIDED WITHIN SUCH REGISTERED PROGRAM; OR
   D. AN INSTITUTION OF HIGHER EDUCATION PROVIDING COUNSELING ONLY TO THE
 STUDENTS,  STAFF, OR FAMILY MEMBERS OF STUDENTS AND STAFF OF SUCH INSTI-
 TUTION; OR
   E. ANY OTHER ENTITY AS MAY  BE  DEFINED  IN  THE  REGULATIONS  OF  THE
 COMMISSIONER,  PROVIDED  THAT  SUCH  ENTITY  IS  OTHERWISE AUTHORIZED TO
 PROVIDE SUCH SERVICES PURSUANT TO  LAW  AND  ONLY  TO  THE  EXTENT  SUCH
 SERVICES  ARE AUTHORIZED UNDER ANY CERTIFICATES OF INCORPORATION OR SUCH
 OTHER ORGANIZING DOCUMENTS AS MAY BE APPLICABLE.
   3. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO LIMIT  THE  AUTHORITY
 OF  ANOTHER  STATE  AGENCY  TO  CERTIFY,  LICENSE, CONTRACT OR OTHERWISE
 AUTHORIZE AN ENTITY APPLYING FOR A WAIVER PURSUANT TO THIS  SECTION,  IF
 SUCH STATE AGENCY IS OTHERWISE AUTHORIZED UNDER ANOTHER PROVISION OF LAW
 TO  CERTIFY,  LICENSE, CONTRACT OR AUTHORIZE SUCH AN ENTITY, NOR SHALL A
 WAIVER PURSUANT TO THIS SECTION BE CONSTRUED TO PROVIDE AN EXEMPTION  OF
 SUCH  ENTITY  FROM ANY CERTIFICATION, LICENSURE, NEED TO CONTRACT OR ANY
 OTHER SUCH REQUIREMENT ESTABLISHED BY SUCH STATE  AGENCY  OR  UNDER  ANY
 OTHER  PROVISION  OF LAW. IF A STATE AGENCY DETERMINES THAT SUCH CERTIF-
 ICATION, LICENSURE, CONTRACT OR OTHER AUTHORIZATION IS REQUIRED, A WAIV-
 ER PURSUANT TO THIS SECTION SHALL NOT HAVE THE EFFECT OF AUTHORIZING THE
 PROVISION OF PROFESSIONAL SERVICES UNDER THE JURISDICTION OF SUCH AGENCY
 IN THE ABSENCE OF CERTIFICATION, LICENSURE, A CONTRACT OR OTHER AUTHORI-
 ZATION FROM SUCH STATE AGENCY, AND THE  DEPARTMENT  SHALL  CONSULT  WITH
 S. 4007--A                         250                        A. 3007--A
 
 SUCH AGENCY REGARDING THE NEED FOR LICENSURE, CONTRACTING, CERTIFICATION
 OR AUTHORIZATION. IN DETERMINING AN APPLICATION FOR A WAIVER PURSUANT TO
 THIS SECTION, THE DEPARTMENT SHALL CONSIDER AS A FACTOR IN SUCH DETERMI-
 NATION  ANY  DENIAL  OF  AN  OPERATING CERTIFICATE OR OTHER AUTHORITY TO
 PROVIDE THE SERVICES AUTHORIZED PURSUANT TO THIS SECTION BY A  NEW  YORK
 STATE  OR  FEDERAL AGENCY, POLITICAL SUBDIVISION, MUNICIPAL CORPORATION,
 OR LOCAL GOVERNMENT AGENCY OR UNIT,  AND  SHALL  NOT  APPROVE  A  WAIVER
 APPLICATION AUTHORIZING AN ENTITY TO PROVIDE A PROGRAM OR SERVICES WHERE
 THE  ENTITY  OPERATED SUCH A PROGRAM OR PROVIDED SUCH SERVICES FOR WHICH
 AN OPERATING CERTIFICATE OR LICENSE IS PENDING, WAS DISAPPROVED  OR  WAS
 REVOKED,  OR  A  WRITTEN  AUTHORIZATION  OR  CONTRACT WAS TERMINATED FOR
 CAUSE, BY ONE OF SUCH AGENCIES, EXCEPT UPON APPROVAL OF SUCH  ACTION  BY
 THE  APPROPRIATE  STATE  AGENCY.  SUCH  STATE  AGENCIES SHALL NOTIFY THE
 DEPARTMENT, UPON REQUEST AND WITHIN A  FIFTEEN  DAY  PERIOD,  WHETHER  A
 WAIVER  APPLICANT  HAS  BEEN  SUBJECT TO SUCH DISAPPROVAL, REVOCATION OR
 TERMINATION FOR CAUSE OR HAS A PENDING  APPLICATION  FOR  A  LICENSE  OR
 OPERATING CERTIFICATE.
   4.  NOTHING  IN THIS SECTION SHALL BE CONSTRUED TO LIMIT THE AUTHORITY
 OF THE FOLLOWING ENTITIES TO  PROVIDE  PROFESSIONAL  SERVICES  THEY  ARE
 AUTHORIZED BY LAW TO PROVIDE:
   A. ANY APPROPRIATELY ORGANIZED PROFESSIONAL ENTITY, INCLUDING, BUT NOT
 LIMITED  TO,  THOSE  ESTABLISHED UNDER THE BUSINESS CORPORATION LAW, THE
 LIMITED LIABILITY COMPANY LAW OR THE PARTNERSHIP LAW; OR
   B. ANY ENTITY OPERATED BY A NEW YORK STATE OR  FEDERAL  AGENCY,  POLI-
 TICAL  SUBDIVISION, MUNICIPAL CORPORATION, OR LOCAL GOVERNMENT AGENCY OR
 UNIT PURSUANT TO AUTHORITY GRANTED BY LAW, INCLUDING BUT NOT LIMITED  TO
 ANY  ENTITY  OPERATED  BY  THE  OFFICE  OF MENTAL HEALTH, THE OFFICE FOR
 PEOPLE WITH DEVELOPMENTAL DISABILITIES, OR THE OFFICE OF ALCOHOLISM  AND
 SUBSTANCE ABUSE SERVICES UNDER ARTICLES SEVEN, THIRTEEN, AND NINETEEN OF
 THE MENTAL HYGIENE LAW, RESPECTIVELY.
   5.  FOR THE PURPOSES OF THIS SECTION, "PROFESSIONAL ENTITY" SHALL MEAN
 AND INCLUDE SOLE PROPRIETORSHIPS AND ANY PROFESSIONAL SERVICES ORGANIZA-
 TION ESTABLISHED PURSUANT TO ARTICLE FIFTEEN OF THE BUSINESS CORPORATION
 LAW, ARTICLE TWELVE OF THE LIMITED LIABILITY COMPANY LAW AND SECTION TWO
 AND ARTICLE EIGHT-B OF THE PARTNERSHIP LAW.
   § 6503-B. WAIVER FOR  CERTAIN  SPECIAL  EDUCATION  SCHOOLS  AND  EARLY
 INTERVENTION  AGENCIES.  1.    DEFINITIONS.  AS USED IN THIS SECTION THE
 FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   A. "SPECIAL EDUCATION SCHOOL" MEANS AN APPROVED PROGRAM AS DEFINED  IN
 PARAGRAPH  B OF SUBDIVISION ONE OF SECTION FORTY-FOUR HUNDRED TEN OF THE
 EDUCATION LAW THAT MEETS THE REQUIREMENTS OF PARAGRAPH B OF  SUBDIVISION
 SIX  OF SUCH SECTION; AN APPROVED PRIVATE NON-RESIDENTIAL OR RESIDENTIAL
 SCHOOL FOR THE EDUCATION OF STUDENTS WITH DISABILITIES THAT  IS  LOCATED
 WITHIN  THE  STATE;  A CHILD CARE INSTITUTION AS DEFINED IN SECTION FOUR
 THOUSAND ONE OF THE EDUCATION LAW THAT OPERATES A PRIVATE SCHOOL FOR THE
 EDUCATION OF STUDENTS WITH DISABILITIES OR AN INSTITUTION FOR  THE  DEAF
 OR  BLIND OPERATING PURSUANT TO ARTICLE EIGHTY-FIVE OF THE EDUCATION LAW
 THAT EITHER: (I) CONDUCTS A MULTI-DISCIPLINARY EVALUATION  FOR  PURPOSES
 OF ARTICLES EIGHTY-ONE OR EIGHTY-NINE OF THE EDUCATION LAW THAT INVOLVES
 THE  PRACTICE OF ONE OR MORE PROFESSIONS FOR WHICH A LICENSE IS REQUIRED
 PURSUANT TO THIS  ARTICLE  AND  NO  EXCEPTION  FROM  CORPORATE  PRACTICE
 RESTRICTIONS APPLIES, OR
   (II)  PROVIDES  RELATED SERVICES TO STUDENTS ENROLLED IN THE SCHOOL OR
 APPROVED PROGRAM THAT INVOLVES THE PRACTICE OF ONE OR  MORE  PROFESSIONS
 FOR  WHICH  A LICENSE IS REQUIRED PURSUANT TO THIS ARTICLE AND NO EXCEP-
 TION FROM PRACTICE RESTRICTIONS APPLIES. SUCH TERM SHALL NOT  INCLUDE  A
 S. 4007--A                         251                        A. 3007--A
 
 SCHOOL  DISTRICT,  BOARD  OF  COOPERATIVE  EDUCATIONAL SERVICES, MUNICI-
 PALITY, STATE AGENCY OR OTHER PUBLIC ENTITY.   NOTHING IN  THIS  SECTION
 SHALL  BE  CONSTRUED  TO  REQUIRE A CHILD CARE INSTITUTION THAT CONDUCTS
 MULTI-DISCIPLINARY  EVALUATIONS  OR PROVIDES RELATED SERVICES THROUGH AN
 APPROVED PRIVATE NONRESIDENTIAL  SCHOOL  OPERATED  BY  SUCH  CHILD  CARE
 INSTITUTION  TO  OBTAIN  A  WAIVER,  PROVIDED THAT SUCH SCHOOL OBTAINS A
 WAIVER PURSUANT TO THIS SECTION.
   B. "EARLY INTERVENTION AGENCY" MEANS AN AGENCY WHICH IS APPROVED OR IS
 SEEKING APPROVAL IN ACCORDANCE WITH TITLE TWO-A OF  ARTICLE  TWENTY-FIVE
 OF THIS CHAPTER TO DELIVER EARLY INTERVENTION PROGRAM MULTI-DISCIPLINARY
 EVALUATIONS,   SERVICE  COORDINATION  SERVICES  AND  EARLY  INTERVENTION
 PROGRAM SERVICES, AND IS LAWFULLY OPERATED AS A SOLE  PROPRIETORSHIP  OR
 BY  A  PARTNERSHIP,  NOT-FOR-PROFIT  CORPORATION, EDUCATION CORPORATION,
 BUSINESS  CORPORATION,  A  LIMITED  LIABILITY  COMPANY  OR  PROFESSIONAL
 SERVICES  ORGANIZATION  ESTABLISHED  PURSUANT  TO ARTICLE FIFTEEN OF THE
 BUSINESS CORPORATION LAW, ARTICLE TWELVE  OR  THIRTEEN  OF  THE  LIMITED
 LIABILITY COMPANY LAW OR ARTICLE EIGHT-B OF THE PARTNERSHIP LAW.
   C.  "EARLY  INTERVENTION  PROGRAM  SERVICES"  MEANS EARLY INTERVENTION
 SERVICES AS DEFINED IN SUBDIVISION SEVEN OF SECTION TWENTY-FIVE  HUNDRED
 FORTY-ONE OF THIS CHAPTER THAT ARE PROVIDED UNDER THE EARLY INTERVENTION
 PROGRAM  AND  AUTHORIZED  IN  AN  ELIGIBLE CHILD'S INDIVIDUALIZED FAMILY
 SERVICES PLAN.
   D. "MULTI-DISCIPLINARY EVALUATION" FOR PURPOSES OF A SPECIAL EDUCATION
 SCHOOL MEANS  A  MULTI-DISCIPLINARY  EVALUATION  OF  A  PRESCHOOL  CHILD
 SUSPECTED  OF HAVING A DISABILITY OR A PRESCHOOL CHILD WITH A DISABILITY
 THAT IS CONDUCTED PURSUANT TO SECTION  FORTY-FOUR  HUNDRED  TEN  OF  THE
 EDUCATION LAW OR AN EVALUATION OF A SCHOOL-AGE CHILD SUSPECTED OF HAVING
 A  DISABILITY  OR  WITH  A DISABILITY WHICH IS CONDUCTED BY A CHILD CARE
 INSTITUTION THAT OPERATES A SPECIAL  EDUCATION  SCHOOL  OR  THE  SPECIAL
 EDUCATION  SCHOOL  OPERATED  BY SUCH INSTITUTION PURSUANT TO SUBDIVISION
 THREE OF SECTION FOUR THOUSAND TWO OF THE EDUCATION LAW OR BY AN  INSTI-
 TUTION  FOR  THE DEAF OR BLIND OPERATING PURSUANT TO ARTICLE EIGHTY-FIVE
 OF THE EDUCATION LAW OR AN EVALUATION OF A SCHOOL-AGE CHILD SUSPECTED OF
 HAVING A DISABILITY OR WITH  A  DISABILITY  THAT  IS  AUTHORIZED  TO  BE
 CONDUCTED  BY A SPECIAL EDUCATION SCHOOL PURSUANT TO ANY OTHER PROVISION
 OF THE EDUCATION LAW AND THE REGULATIONS OF THE COMMISSIONER  OF  EDUCA-
 TION FOR PURPOSES OF IDENTIFICATION OF THE CHILD AS A CHILD WITH A DISA-
 BILITY OR THE DEVELOPMENT OF AN INDIVIDUALIZED EDUCATION PROGRAM FOR THE
 CHILD.
   E.  "MULTI-DISCIPLINARY  EVALUATION"  FOR PURPOSES OF THE EARLY INTER-
 VENTION PROGRAM MEANS A PROFESSIONAL, OBJECTIVE ASSESSMENT CONDUCTED  BY
 APPROPRIATELY QUALIFIED PERSONNEL IN ACCORDANCE WITH SECTION TWENTY-FIVE
 HUNDRED  FORTY-FOUR  OF THIS CHAPTER AND ITS IMPLEMENTING REGULATIONS TO
 DETERMINE A CHILD'S ELIGIBILITY FOR EARLY INTERVENTION PROGRAM SERVICES.
   F. "RELATED SERVICES" MEANS RELATED SERVICES AS DEFINED IN PARAGRAPH G
 OF SUBDIVISION TWO OF SECTION FOUR THOUSAND TWO, PARAGRAPH K OF SUBDIVI-
 SION TWO OF SECTION FORTY-FOUR HUNDRED ONE, OR PARAGRAPH J  OF  SUBDIVI-
 SION ONE OF SECTION FORTY-FOUR HUNDRED TEN OF THE EDUCATION LAW PROVIDED
 TO  A  CHILD  WITH  A DISABILITY PURSUANT TO SUCH CHILD'S INDIVIDUALIZED
 EDUCATION PROGRAM.
   2. WAIVER. A. NO  SPECIAL  EDUCATION  SCHOOL  MAY  EMPLOY  INDIVIDUALS
 LICENSED  PURSUANT TO THIS TITLE TO CONDUCT COMPONENTS OF A MULTI-DISCI-
 PLINARY EVALUATION OF A CHILD WITH A DISABILITY OR A CHILD SUSPECTED  OF
 HAVING  A  DISABILITY  OR  TO  PROVIDE RELATED SERVICES TO CHILDREN WITH
 DISABILITIES ENROLLED IN THE SCHOOL, AND NO SPECIAL EDUCATION SCHOOL MAY
 PROVIDE SUCH AN EVALUATION COMPONENT OR  RELATED  SERVICES  BY  CONTRACT
 S. 4007--A                         252                        A. 3007--A
 
 WITH AN INDIVIDUAL LICENSED OR OTHERWISE AUTHORIZED TO PRACTICE PURSUANT
 TO  THIS  TITLE  OR  WITH  AN  ENTITY  AUTHORIZED BY LAW TO PROVIDE SUCH
 PROFESSIONAL SERVICES, UNLESS SUCH SCHOOL OBTAINS A WAIVER  PURSUANT  TO
 THIS SECTION. ALL SPECIAL EDUCATION SCHOOLS APPROVED BY THE COMMISSIONER
 AS OF THE EFFECTIVE DATE OF THIS SECTION SHALL BE DEEMED OPERATING UNDER
 A WAIVER PURSUANT TO THIS SECTION FOR A PERIOD COMMENCING ON SUCH EFFEC-
 TIVE DATE AND ENDING ON JULY FIRST, TWO THOUSAND THIRTEEN.
   B.  NO  EARLY INTERVENTION AGENCY MAY EMPLOY OR CONTRACT WITH INDIVID-
 UALS LICENSED PURSUANT TO THIS TITLE OR  WITH  A  NOT-FOR-PROFIT  CORPO-
 RATION,  EDUCATION  CORPORATION, BUSINESS CORPORATION, LIMITED LIABILITY
 COMPANY, OR A PROFESSIONAL SERVICES ORGANIZATION ESTABLISHED PURSUANT TO
 ARTICLE FIFTEEN OF THE BUSINESS CORPORATION LAW, ARTICLE TWELVE OR THIR-
 TEEN OF THE LIMITED LIABILITY COMPANY LAW  OR  ARTICLE  EIGHT-B  OF  THE
 PARTNERSHIP  LAW,  TO CONDUCT AN EARLY INTERVENTION PROGRAM MULTI-DISCI-
 PLINARY EVALUATION,  PROVIDE  SERVICE  COORDINATION  SERVICES  OR  EARLY
 INTERVENTION  PROGRAM  SERVICES UNLESS SUCH AGENCY HAS OBTAINED A WAIVER
 PURSUANT TO THIS SECTION AND HAS BEEN APPROVED IN ACCORDANCE WITH  TITLE
 TWO-A  OF  ARTICLE  TWENTY-FIVE OF THIS CHAPTER AS AN EARLY INTERVENTION
 PROGRAM PROVIDER. ALL EARLY INTERVENTION AGENCIES  APPROVED  AS  OF  THE
 EFFECTIVE  DATE  OF THIS SECTION SHALL BE DEEMED TO BE OPERATING UNDER A
 WAIVER PURSUANT TO THIS SECTION FOR A PERIOD COMMENCING ON  SUCH  EFFEC-
 TIVE  DATE  AND ENDING ON JULY FIRST, TWO THOUSAND THIRTEEN.  NOTHING IN
 THIS SECTION SHALL BE CONSTRUED TO REQUIRE AN EARLY INTERVENTION  AGENCY
 TO  OPERATE UNDER A WAIVER IN ACCORDANCE WITH THIS SECTION PROVIDED THAT
 IT IS OTHERWISE AUTHORIZED BY LAW TO PROVIDE THE APPLICABLE PROFESSIONAL
 SERVICES.
   3. OBTAINING A WAIVER. A. A SPECIAL EDUCATION SCHOOL AND EARLY  INTER-
 VENTION  AGENCY  SHALL  OBTAIN  AN  APPLICATION  FOR  A WAIVER ON A FORM
 PRESCRIBED BY THE DEPARTMENT. THE DEPARTMENT MAY ISSUE A  WAIVER  ON  OR
 AFTER  JULY  FIRST, TWO THOUSAND THIRTEEN TO AN ENTITY WHICH WAS CREATED
 BEFORE, ON OR AFTER THE EFFECTIVE DATE  OF  THIS  SECTION  IF  THERE  IS
 DEMONSTRATION  OF  NEED  OF  THE  ENTITY'S  SERVICES SATISFACTORY TO THE
 DEPARTMENT. THE APPLICATION FOR AN INITIAL WAIVER SHALL  BE  ACCOMPANIED
 BY A FEE OF THREE HUNDRED FORTY-FIVE DOLLARS. WHERE THE APPLICANT SIMUL-
 TANEOUSLY  APPLIES  FOR A WAIVER AS A SPECIAL EDUCATION SCHOOL AND EARLY
 INTERVENTION AGENCY THE TOTAL WAIVER FEE SHALL BE THREE  HUNDRED  FORTY-
 FIVE DOLLARS.
   B.  WITHIN  ONE  HUNDRED TWENTY DAYS AFTER THE COMMISSIONER PRESCRIBES
 THE APPLICATION FORM AND POSTS NOTICE OF ITS AVAILABILITY ON THE DEPART-
 MENT'S WEBSITE, A SPECIAL EDUCATION SCHOOL OR EARLY INTERVENTION  AGENCY
 MUST APPLY FOR A WAIVER. UPON SUBMISSION OF SUCH APPLICATION, THE SCHOOL
 OR AGENCY MAY CONTINUE TO OPERATE AND PROVIDE SERVICES UNTIL THE DEPART-
 MENT  SHALL EITHER DENY OR APPROVE THE APPLICATION. AFTER THE DEPARTMENT
 RENDERS A TIMELY INITIAL DETERMINATION THAT THE APPLICANT HAS  SUBMITTED
 THE  INFORMATION NECESSARY TO VERIFY THAT THE REQUIREMENTS OF PARAGRAPHS
 C, D AND E OF THIS SUBDIVISION ARE SATISFIED, APPLICATIONS  FOR  WAIVERS
 SHALL BE APPROVED OR DENIED WITHIN NINETY DAYS, PROVIDED HOWEVER THAT IF
 THE  WAIVER  APPLICATION  IS  DENIED  THE  SCHOOL  OR AGENCY SHALL CEASE
 PROVIDING SERVICES PURSUANT TO THIS SUBDIVISION  IN  THE  STATE  OF  NEW
 YORK.
   C.  SUCH  WAIVER SHALL PROVIDE THAT SERVICES RENDERED PURSUANT TO THIS
 SECTION, DIRECTLY OR INDIRECTLY, SHALL BE  PROVIDED  ONLY  BY  A  PERSON
 APPROPRIATELY  LICENSED  TO  PROVIDE  SUCH SERVICES, EXCEPT AS OTHERWISE
 PROVIDED IN LAW, TO PROVIDE SUCH SERVICES OR BY A PROFESSIONAL  SERVICES
 ENTITY AUTHORIZED BY LAW TO PROVIDE SUCH SERVICES.
 S. 4007--A                         253                        A. 3007--A
 
   D. AN APPLICATION FOR A WAIVER TO PROVIDE PROFESSIONAL SERVICES PURSU-
 ANT  TO  THIS SECTION SHALL BE ON A FORM PRESCRIBED BY THE COMMISSIONER.
 SUCH APPLICATION SHALL INCLUDE: (I) THE NAME OF  THE  SPECIAL  EDUCATION
 SCHOOL  OR EARLY INTERVENTION AGENCY; (II) THE NAMES OF THE DIRECTORS OR
 TRUSTEES  AND  OFFICERS OF SUCH SCHOOL OR AGENCY; (III) A LISTING OF ANY
 OTHER JURISDICTIONS WHERE SUCH SCHOOL OR AGENCY  MAY  PROVIDE  SERVICES;
 AND  (IV) AN ATTESTATION MADE BY AN OFFICER AUTHORIZED BY SUCH SCHOOL OR
 AGENCY TO MAKE SUCH ATTESTATION THAT IDENTIFIES THE SCOPE OF SERVICES TO
 BE PROVIDED; INCLUDES A LIST OF PROFESSIONS UNDER THIS ARTICLE IN  WHICH
 PROFESSIONAL  SERVICES  WILL  BE  PROVIDED  BY  SUCH  SCHOOL  OR AGENCY;
 INCLUDES A STATEMENT THAT,  UNLESS  OTHERWISE  AUTHORIZED  BY  LAW,  THE
 SCHOOL  OR  AGENCY  SHALL  ONLY  PROVIDE  SERVICES AUTHORIZED UNDER THIS
 SECTION; INCLUDES A STATEMENT  THAT  ONLY  A  LICENSED  PROFESSIONAL,  A
 PERSON  OTHERWISE AUTHORIZED TO PROVIDE SUCH SERVICES, OR A PROFESSIONAL
 SERVICES ENTITY AUTHORIZED BY LAW TO PROVIDE SUCH SERVICES SHALL PROVIDE
 SUCH SERVICES AS AUTHORIZED UNDER  THIS  SECTION;  AND  ATTESTS  TO  THE
 ADEQUACY  OF  THE SCHOOL'S OR AGENCY'S FISCAL AND FINANCIAL RESOURCES TO
 PROVIDE SUCH SERVICES.  SUCH APPLICATION SHALL ALSO  INCLUDE  ANY  OTHER
 INFORMATION RELATED TO THE APPLICATION AS MAY BE REQUIRED BY THE DEPART-
 MENT.  A  SCHOOL  OR AGENCY WITH AN APPROVED WAIVER MAY APPLY, ON A FORM
 PRESCRIBED BY THE COMMISSIONER, TO AMEND THE WAIVER  TO  ADD  ADDITIONAL
 PROFESSIONAL SERVICES.
   E.  EACH  OFFICER, TRUSTEE AND DIRECTOR OF SUCH SCHOOL OR AGENCY SHALL
 PROVIDE AN ATTESTATION REGARDING HIS OR  HER  GOOD  MORAL  CHARACTER  AS
 REQUIRED  PURSUANT TO PARAGRAPH G OF THIS SUBDIVISION.  THE COMMISSIONER
 SHALL BE FURTHER AUTHORIZED TO PROMULGATE RULES OR REGULATIONS  RELATING
 TO  THE  STANDARDS OF THE WAIVER FOR SPECIAL EDUCATION SCHOOLS AND EARLY
 INTERVENTION AGENCIES PURSUANT TO THIS SECTION. SUCH  REGULATIONS  SHALL
 INCLUDE  STANDARDS  RELATING  TO  THE  SCHOOL'S  OR  AGENCY'S ABILITY TO
 PROVIDE SERVICES, THE SCHOOL'S OR AGENCY'S  MAINTENANCE  OF  STUDENT  OR
 CLIENT  AND  BUSINESS RECORDS, THE SCHOOL'S OR AGENCY'S FISCAL POLICIES,
 AND SUCH OTHER STANDARDS AS MAY BE PRESCRIBED BY THE COMMISSIONER.
   F. THE SPECIAL EDUCATION SCHOOL OR EARLY INTERVENTION AGENCY OPERATING
 PURSUANT TO A WAIVER SHALL DISPLAY, AT  EACH  SITE  WHERE  SERVICES  ARE
 PROVIDED  TO  THE  PUBLIC,  A  CERTIFICATE  OF SUCH WAIVER ISSUED BY THE
 DEPARTMENT PURSUANT TO THIS SECTION, WHICH SHALL CONTAIN THE NAME OF THE
 SCHOOL OR AGENCY AND THE ADDRESS OF THE SITE. SUCH SCHOOLS  OR  AGENCIES
 SHALL  OBTAIN  FROM THE DEPARTMENT ADDITIONAL CERTIFICATES FOR EACH SITE
 AT WHICH PROFESSIONAL SERVICES ARE PROVIDED TO THE PUBLIC.  EACH  SCHOOL
 OR  AGENCY SHALL BE REQUIRED TO RE-APPLY FOR A WAIVER EVERY THREE YEARS.
 AN EARLY INTERVENTION AGENCY'S WAIVER SHALL NOT BE  RENEWED  UNLESS  THE
 AGENCY IS APPROVED TO PROVIDE EARLY INTERVENTION PROGRAM MULTI-DISCIPLI-
 NARY  EVALUATIONS,  SERVICE  COORDINATION  OR EARLY INTERVENTION PROGRAM
 SERVICES IN ACCORDANCE WITH TITLE TWO-A OF ARTICLE TWENTY-FIVE  OF  THIS
 CHAPTER.  EXCEPT  AS  OTHERWISE  PROVIDED  IN  SUBDIVISION  FOUR OF THIS
 SECTION, IF ANY INFORMATION SUPPLIED TO  THE  DEPARTMENT  REGARDING  THE
 SCHOOL OR AGENCY SHALL CHANGE, THE SCHOOL OR AGENCY SHALL BE REQUIRED TO
 PROVIDE SUCH UPDATED INFORMATION TO THE DEPARTMENT WITHIN SIXTY DAYS.
   G.  ALL  OFFICERS,  TRUSTEES AND DIRECTORS OF SUCH SCHOOLS OR AGENCIES
 SHALL BE OF GOOD MORAL CHARACTER. SCHOOLS OR AGENCIES OPERATING PURSUANT
 TO A WAIVER AND THEIR OFFICERS AND DIRECTORS SHALL BE  ENTITLED  TO  THE
 SAME  DUE  PROCESS  PROCEDURES  AS  ARE PROVIDED TO SUCH INDIVIDUALS AND
 PROFESSIONAL SERVICES CORPORATIONS. NO WAIVER ISSUED UNDER THIS  SECTION
 SHALL  BE  TRANSFERABLE  OR ASSIGNABLE; AS SUCH TERMS ARE DEFINED IN THE
 REGULATIONS OF THE COMMISSIONER.
 S. 4007--A                         254                        A. 3007--A
 
   4. RENEWAL OF WAIVER. ALL SPECIAL EDUCATION SCHOOL  AND  EARLY  INTER-
 VENTION  AGENCY WAIVERS SHALL BE RENEWED ON DATES SET BY THE DEPARTMENT.
 THE TRIENNIAL WAIVER FEE SHALL BE TWO HUNDRED SIXTY DOLLARS  OR  A  PRO-
 RATED  PORTION  THEREOF AS DETERMINED BY THE DEPARTMENT. AN EARLY INTER-
 VENTION  AGENCY'S  WAIVER  SHALL  NOT  BE  RENEWED  UNLESS THE AGENCY IS
 APPROVED TO PROVIDE EARLY INTERVENTION PROGRAM MULTI-DISCIPLINARY EVALU-
 ATIONS, SERVICE COORDINATION NOR EARLY INTERVENTION PROGRAM SERVICES  IN
 ACCORDANCE WITH TITLE TWO-A OF ARTICLE TWENTY-FIVE OF THIS CHAPTER.
   5.  CHANGE  OF LOCATION. IN THE EVENT THAT A CHANGE IN THE LOCATION OF
 THE CHIEF ADMINISTRATIVE OFFICES OF A SPECIAL EDUCATION SCHOOL OR  EARLY
 INTERVENTION  AGENCY  IS CONTEMPLATED, THE OWNER SHALL NOTIFY THE OFFICE
 OF PROFESSIONS OF THE DEPARTMENT OF THE  CHANGE  OF  LOCATION  AT  LEAST
 THIRTY DAYS PRIOR TO RELOCATION.
   6.  PROFESSIONAL  PRACTICE.  A. NOTWITHSTANDING ANY OTHER PROVISION OF
 LAW TO THE CONTRARY, A SPECIAL EDUCATION SCHOOL OPERATING UNDER A WAIVER
 MAY EMPLOY INDIVIDUALS LICENSED OR OTHERWISE AUTHORIZED TO PRACTICE  ANY
 PROFESSION  PURSUANT TO THIS TITLE TO CONDUCT COMPONENTS OF A MULTI-DIS-
 CIPLINARY EVALUATION OF A CHILD WITH A DISABILITY OR A  CHILD  SUSPECTED
 OF  HAVING  A DISABILITY OR TO PROVIDE RELATED SERVICES TO CHILDREN WITH
 DISABILITIES ENROLLED IN THE SCHOOL OR MAY PROVIDE COMPONENTS OF SUCH AN
 EVALUATION OR SUCH RELATED  SERVICES  BY  CONTRACT  WITH  AN  INDIVIDUAL
 LICENSED OR OTHERWISE AUTHORIZED TO PRACTICE PURSUANT TO THIS TITLE OR A
 NOT-FOR-PROFIT CORPORATION, EDUCATION CORPORATION, BUSINESS CORPORATION,
 LIMITED  LIABILITY  COMPANY OR PROFESSIONAL SERVICES ORGANIZATION ESTAB-
 LISHED PURSUANT TO ARTICLE FIFTEEN  OF  THE  BUSINESS  CORPORATION  LAW,
 ARTICLE TWELVE OR THIRTEEN OF THE LIMITED LIABILITY COMPANY LAW OR ARTI-
 CLE  EIGHT-B  OF  THE  PARTNERSHIP  LAW AUTHORIZED BY LAW TO PROVIDE THE
 APPLICABLE PROFESSIONAL SERVICES.
   B. NOTWITHSTANDING ANY OTHER PROVISION OF  LAW  TO  THE  CONTRARY,  AN
 EARLY  INTERVENTION  AGENCY OPERATING UNDER A WAIVER THAT IS APPROVED IN
 ACCORDANCE WITH TITLE TWO-A OF ARTICLE TWENTY-FIVE OF THIS  CHAPTER  MAY
 EMPLOY  OR CONTRACT WITH INDIVIDUALS LICENSED OR OTHERWISE AUTHORIZED TO
 PRACTICE ANY PROFESSION PURSUANT TO THIS TITLE OR WITH A  NOT-FOR-PROFIT
 CORPORATION,   EDUCATION   CORPORATION,  BUSINESS  CORPORATION,  LIMITED
 LIABILITY COMPANY  OR  PROFESSIONAL  SERVICES  ORGANIZATION  ESTABLISHED
 PURSUANT  TO  ARTICLE  FIFTEEN  OF THE BUSINESS CORPORATION LAW, ARTICLE
 TWELVE OR THIRTEEN OF THE  LIMITED  LIABILITY  COMPANY  LAW  OR  ARTICLE
 EIGHT-B  OF THE PARTNERSHIP LAW AUTHORIZED TO CONDUCT EARLY INTERVENTION
 PROGRAM MULTI-DISCIPLINARY  EVALUATIONS,  PROVIDE  SERVICE  COORDINATION
 SERVICES AND EARLY INTERVENTION PROGRAM SERVICES.
   C.  A  SPECIAL EDUCATION SCHOOL OR EARLY INTERVENTION AGENCY OPERATING
 UNDER A WAIVER SHALL NOT PRACTICE ANY PROFESSION  LICENSED  PURSUANT  TO
 THIS  ARTICLE  OR HOLD ITSELF OUT TO THE PUBLIC AS AUTHORIZED TO PROVIDE
 PROFESSIONAL SERVICES PURSUANT TO THIS ARTICLE EXCEPT AS  AUTHORIZED  BY
 THIS SECTION OR OTHERWISE AUTHORIZED BY LAW.
   7. SUPERVISION OF PROFESSIONAL PRACTICE. A SPECIAL EDUCATION SCHOOL OR
 EARLY  INTERVENTION AGENCY SHALL BE UNDER THE SUPERVISION OF THE DEPART-
 MENT AND BE SUBJECT TO DISCIPLINARY PROCEEDINGS AND PENALTIES. A SPECIAL
 EDUCATION SCHOOL OR EARLY INTERVENTION AGENCY OPERATING UNDER  A  WAIVER
 SHALL  BE  SUBJECT  TO SUSPENSION, REVOCATION OR ANNULMENT OF THE WAIVER
 FOR CAUSE, IN THE SAME MANNER AND TO THE SAME EXTENT AS IS PROVIDED WITH
 RESPECT TO INDIVIDUALS AND THEIR LICENSES, CERTIFICATES,  AND  REGISTRA-
 TIONS  IN  THE  PROVISIONS  OF  THIS  ARTICLE RELATING TO THE APPLICABLE
 PROFESSION.  NOTWITHSTANDING  THE  PROVISIONS  OF  THIS  SUBDIVISION,  A
 SPECIAL  EDUCATION  SCHOOL OR EARLY INTERVENTION AGENCY THAT CONDUCTS OR
 CONTRACTS FOR  A  COMPONENT  OF  A  MULTI-DISCIPLINARY  EVALUATION  THAT
 S. 4007--A                         255                        A. 3007--A
 
 INVOLVES  THE  PRACTICE  OF MEDICINE SHALL BE SUBJECT TO THE PRE-HEARING
 PROCEDURES AND HEARING PROCEDURES AS IS PROVIDED WITH RESPECT  TO  INDI-
 VIDUAL  PHYSICIANS  AND  THEIR LICENSES IN TITLE TWO-A OF ARTICLE TWO OF
 THIS  CHAPTER. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRA-
 RY, UPON REVOCATION OR OTHER TERMINATION BY THE COMMISSIONER OF APPROVAL
 OF THE SPECIAL EDUCATION SCHOOL PURSUANT TO ARTICLE EIGHTY-NINE  OF  THE
 EDUCATION  LAW AND THE REGULATIONS OF THE COMMISSIONER IMPLEMENTING SUCH
 ARTICLE OR TERMINATION OF THE  EARLY  INTERVENTION  AGENCY  PURSUANT  TO
 TITLE  TWO-A  OF  ARTICLE  TWENTY-FIVE  OF THIS CHAPTER AND IMPLEMENTING
 REGULATIONS BY THE COMMISSIONER  PURSUANT  TO  SUBDIVISION  EIGHTEEN  OF
 SECTION  FORTY-FOUR  HUNDRED THREE OF THE EDUCATION LAW, THE SCHOOL'S OR
 EARLY INTERVENTION AGENCY'S WAIVER PURSUANT TO  THIS  SECTION  SHALL  BE
 DEEMED REVOKED AND ANNULLED.
   §  6504.  REGULATION  OF THE PROFESSIONS. ADMISSION TO THE PRACTICE OF
 THE PROFESSIONS, LICENSING AND REGULATION  OF  SUCH  PRACTICE  SHALL  BE
 SUPERVISED AND ADMINISTERED BY THE DEPARTMENT, ASSISTED BY A STATE BOARD
 FOR EACH PROFESSION.
   §  6505.  CONSTRUCTION.  NO DEFINITION OF THE PRACTICE OF A PROFESSION
 SHALL BE CONSTRUED TO RESTRAIN OR RESTRICT THE  PERFORMANCE  OF  SIMILAR
 ACTS AUTHORIZED IN THE DEFINITION OF OTHER PROFESSIONS.
   § 6505-A. PROFESSIONAL REFERRALS. THERE SHALL BE NO MONETARY LIABILITY
 ON  THE PART OF, AND NO CAUSE OF ACTION FOR DAMAGES SHALL ARISE AGAINST,
 ANY ASSOCIATION OR SOCIETY OF PROFESSIONALS AUTHORIZED TO PRACTICE UNDER
 THIS ARTICLE, OR ANY EMPLOYEE, AGENT, OR MEMBER THEREOF,  FOR  REFERRING
 ANY PERSON TO A MEMBER OF THE PROFESSION REPRESENTED BY SUCH ASSOCIATION
 OR  SOCIETY  PROVIDED  THAT  SUCH  REFERRAL WAS MADE WITHOUT CHARGE AS A
 SERVICE TO THE PUBLIC, AND WITHOUT MALICE, AND IN THE REASONABLE  BELIEF
 THAT SUCH REFERRAL WAS WARRANTED, BASED UPON THE FACTS DISCLOSED.
   §  6505-B.  COURSE WORK OR TRAINING IN INFECTION CONTROL PRACTICES. 1.
 EVERY DENTIST, REGISTERED NURSE, LICENSED PRACTICAL  NURSE,  PODIATRIST,
 OPTOMETRIST  AND  DENTAL  HYGIENIST PRACTICING IN THE STATE SHALL, ON OR
 BEFORE JULY FIRST, NINETEEN HUNDRED NINETY-FOUR  AND  EVERY  FOUR  YEARS
 THEREAFTER,  COMPLETE COURSE WORK OR TRAINING APPROPRIATE TO THE PROFES-
 SIONAL'S  PRACTICE  APPROVED  BY  THE  DEPARTMENT  REGARDING   INFECTION
 CONTROL,  WHICH SHALL INCLUDE SEPSIS, AND BARRIER PRECAUTIONS, INCLUDING
 ENGINEERING AND WORK PRACTICE CONTROLS, IN  ACCORDANCE  WITH  REGULATORY
 STANDARDS  PROMULGATED  BY  THE  DEPARTMENT,  IN  CONSULTATION  WITH THE
 DEPARTMENT OF EDUCATION, WHICH SHALL BE CONSISTENT, AS FAR AS  APPROPRI-
 ATE,  WITH  SUCH STANDARDS ADOPTED BY THE DEPARTMENT PURSUANT TO SECTION
 TWO HUNDRED THIRTY-NINE OF THIS CHAPTER TO PREVENT THE  TRANSMISSION  OF
 HIV,  HBV, HCV AND INFECTIONS THAT COULD LEAD TO SEPSIS IN THE COURSE OF
 PROFESSIONAL PRACTICE. EACH SUCH  PROFESSIONAL  SHALL  DOCUMENT  TO  THE
 DEPARTMENT  AT THE TIME OF REGISTRATION COMMENCING WITH THE FIRST REGIS-
 TRATION AFTER JULY FIRST, NINETEEN HUNDRED NINETY-FOUR THAT THE  PROFES-
 SIONAL  HAS  COMPLETED  COURSE  WORK OR TRAINING IN ACCORDANCE WITH THIS
 SECTION, PROVIDED, HOWEVER THAT A PROFESSIONAL SUBJECT TO THE PROVISIONS
 OF PARAGRAPH (F) OF SUBDIVISION  ONE  OF  SECTION  TWENTY-EIGHT  HUNDRED
 FIVE-K  OF  THIS  CHAPTER  SHALL  NOT  BE REQUIRED TO SO DOCUMENT.   THE
 DEPARTMENT SHALL PROVIDE AN EXEMPTION FROM THIS  REQUIREMENT  TO  ANYONE
 WHO REQUESTS SUCH AN EXEMPTION AND WHO:
   A.  CLEARLY  DEMONSTRATES  TO THE DEPARTMENT'S SATISFACTION THAT THERE
 WOULD BE NO NEED FOR HIM OR HER TO COMPLETE SUCH COURSE WORK OR TRAINING
 BECAUSE OF THE NATURE OF HIS OR HER PRACTICE; OR
   B. THAT HE OR SHE HAS COMPLETED COURSE WORK OR TRAINING DEEMED BY  THE
 DEPARTMENT  TO  BE EQUIVALENT TO THE COURSE WORK OR TRAINING APPROVED BY
 THE DEPARTMENT PURSUANT TO THIS SECTION.
 S. 4007--A                         256                        A. 3007--A
 
   2. THE DEPARTMENT SHALL CONSULT WITH ORGANIZATIONS  REPRESENTATIVE  OF
 PROFESSIONS,  INSTITUTIONS AND THOSE WITH EXPERTISE IN INFECTION CONTROL
 AND HIV, HBV, HCV AND INFECTIONS THAT COULD LEAD TO SEPSIS WITH  RESPECT
 TO THE REGULATORY STANDARDS PROMULGATED PURSUANT TO THIS SECTION.
   §  6505-C.  ARTICULATION  BETWEEN  MILITARY  AND CIVILIAN PROFESSIONAL
 CAREERS. 1. THE COMMISSIONER SHALL DEVELOP, JOINTLY WITH THE DIRECTOR OF
 THE DIVISION OF VETERANS' SERVICES, A PROGRAM TO FACILITATE ARTICULATION
 BETWEEN PARTICIPATION IN THE MILITARY SERVICE OF THE  UNITED  STATES  OR
 THE MILITARY SERVICE OF THE STATE AND ADMISSION TO PRACTICE OF A PROFES-
 SION.  THE  COMMISSIONER  AND  THE DIRECTOR OF THE DIVISION OF VETERANS'
 SERVICES SHALL  IDENTIFY,  REVIEW  AND  EVALUATE  PROFESSIONAL  TRAINING
 PROGRAMS  OFFERED  THROUGH  EITHER  THE  MILITARY  SERVICE OF THE UNITED
 STATES OR THE MILITARY SERVICE OF THE STATE WHICH MAY, WHERE APPLICABLE,
 BE ACCEPTED BY THE DEPARTMENT AS EQUIVALENT EDUCATION  AND  TRAINING  IN
 LIEU  OF  ALL OR PART OF AN APPROVED PROGRAM.  PARTICULAR EMPHASIS SHALL
 BE PLACED ON THE IDENTIFICATION OF MILITARY PROGRAMS WHICH  HAVE  PREVI-
 OUSLY  BEEN  DEEMED ACCEPTABLE BY THE DEPARTMENT AS EQUIVALENT EDUCATION
 AND TRAINING, PROGRAMS WHICH MAY PROVIDE, WHERE  APPLICABLE,  EQUIVALENT
 EDUCATION  AND  TRAINING  FOR  THOSE  PROFESSIONS  WHICH ARE CRITICAL TO
 PUBLIC HEALTH AND SAFETY AND PROGRAMS WHICH MAY PROVIDE, WHERE  APPLICA-
 BLE,  EQUIVALENT  EDUCATION AND TRAINING FOR THOSE PROFESSIONS FOR WHICH
 SHORTAGES EXIST IN THE STATE OF NEW YORK.
   2. THE COMMISSIONER AND THE DIRECTOR  OF  THE  DIVISION  OF  VETERANS'
 SERVICES  SHALL  PREPARE  A  LIST  OF THOSE MILITARY PROGRAMS WHICH HAVE
 PREVIOUSLY BEEN DEEMED ACCEPTABLE BY THE DEPARTMENT AS EQUIVALENT EDUCA-
 TION AND TRAINING IN LIEU OF ALL OR PART OF AN APPROVED PROGRAM NO LATER
 THAN THE THIRTIETH OF AUGUST, TWO THOUSAND  THREE.  ON  AND  AFTER  SUCH
 DATE, SUCH LIST SHALL BE MADE AVAILABLE TO THE PUBLIC AND APPLICANTS FOR
 ADMISSION TO PRACTICE OF A PROFESSION.
   3.  THE  COMMISSIONER  AND  THE  DIRECTOR OF THE DIVISION OF VETERANS'
 SERVICES SHALL PREPARE A LIST  OF  THOSE  MILITARY  PROGRAMS  WHICH  MAY
 PROVIDE,  WHERE  APPLICABLE, EQUIVALENT EDUCATION AND TRAINING FOR THOSE
 PROFESSIONS WHICH ARE CRITICAL TO PUBLIC  HEALTH  AND  SAFETY,  PROGRAMS
 WHICH  MAY  PROVIDE, WHERE APPLICABLE, EQUIVALENT EDUCATION AND TRAINING
 FOR THOSE PROFESSIONS FOR WHICH SHORTAGES EXIST IN THE STATE OF NEW YORK
 AND ANY OTHER MILITARY PROGRAMS WHICH MAY, WHERE APPLICABLE, BE ACCEPTED
 BY THE DEPARTMENT AS EQUIVALENT EDUCATION AND TRAINING IN LIEU OF ALL OR
 PART OF AN APPROVED PROGRAM NO LATER THAN THE THIRTY-FIRST  OF  OCTOBER,
 TWO  THOUSAND  THREE.  ON  AND  AFTER SUCH DATE, SUCH LIST SHALL BE MADE
 AVAILABLE TO THE PUBLIC AND APPLICANTS FOR ADMISSION TO  PRACTICE  OF  A
 PROFESSION.
   4.  SUCH  LISTS SHALL BE PREPARED ANNUALLY NO LATER THAN THE THIRTIETH
 OF JUNE THEREAFTER WITH ADDITIONS AND  DELETIONS  MADE  JOINTLY  BY  THE
 COMMISSIONER  AND THE DIRECTOR OF THE DIVISION OF VETERANS' SERVICES AND
 MADE AVAILABLE TO THE PUBLIC AND APPLICANTS FOR ADMISSION TO PRACTICE OF
 A PROFESSION ON SUCH DATE.
 
                                SUBTITLE 2
                             STATE MANAGEMENT
 SECTION 6506.   SUPERVISION BY THE DEPARTMENT.
         6507.   ADMINISTRATION.
         6507-A. REGISTRATION FEE SURCHARGE.
         6508.   ASSISTANCE BY STATE BOARDS FOR THE PROFESSIONS.
   § 6506. SUPERVISION BY THE DEPARTMENT. THE DEPARTMENT SHALL  SUPERVISE
 THE  ADMISSION  TO  AND THE PRACTICE OF THE PROFESSIONS. IN SUPERVISING,
 THE DEPARTMENT MAY:
 S. 4007--A                         257                        A. 3007--A
 
   1. PROMULGATE RULES, EXCEPT THAT NO RULE SHALL BE PROMULGATED CONCERN-
 ING TITLE THREE OF THIS ARTICLE;
   2.  ESTABLISH  BY RULE, HIGH SCHOOL, PREPROFESSIONAL, PROFESSIONAL AND
 OTHER  EDUCATIONAL  QUALIFICATIONS  REQUIRED  FOR   LICENSING   IN   THE
 PROFESSIONS REGULATED BY THIS ARTICLE;
   3.  APPOINT  SUCH  COMMITTEES  AS  IT  DEEMS  NECESSARY AND COMPENSATE
 MEMBERS OF SUCH COMMITTEES WHO ARE NOT MEMBERS OF THE DEPARTMENT  UP  TO
 ONE HUNDRED DOLLARS PER DAY FOR EACH DAY DEVOTED TO COMMITTEE FUNCTIONS,
 TOGETHER WITH THEIR NECESSARY EXPENSES;
   4.  WAIVE  EDUCATION,  EXPERIENCE  AND  EXAMINATION REQUIREMENTS FOR A
 PROFESSIONAL LICENSE PRESCRIBED IN THE TITLE RELATING TO THE PROFESSION,
 PROVIDED THE DEPARTMENT SHALL BE SATISFIED THAT THE REQUIREMENTS OF SUCH
 TITLE HAVE BEEN SUBSTANTIALLY MET;
   5. INDORSE A LICENSE ISSUED BY A LICENSING BOARD OF ANOTHER  STATE  OR
 COUNTRY UPON THE APPLICANT FULFILLING THE FOLLOWING REQUIREMENTS:
   A. APPLICATION: FILE AN APPLICATION WITH THE DEPARTMENT;
   B.  EDUCATION:  MEET  EDUCATIONAL  REQUIREMENTS IN ACCORDANCE WITH THE
 COMMISSIONER'S REGULATIONS;
   C. EXPERIENCE: HAVE EXPERIENCE SATISFACTORY TO THE  STATE  BOARDS  FOR
 THE  PROFESSIONS  AS  PRESCRIBED IN THE TITLE RELATING TO THE PROFESSION
 AND IN ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS;
   D. EXAMINATION: PASS AN EXAMINATION SATISFACTORY TO THE  STATE  BOARDS
 FOR  THE  PROFESSIONS AS PRESCRIBED IN THE TITLE RELATING TO THE PROFES-
 SION AND IN ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS;
   E. AGE: BE AT LEAST TWENTY-ONE YEARS OF AGE;
   F. CITIZENSHIP OR IMMIGRATION STATUS: BE A UNITED STATES CITIZEN OR AN
 ALIEN LAWFULLY ADMITTED FOR PERMANENT RESIDENCE IN THE UNITED STATES;
   G. CHARACTER: BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE  DEPART-
 MENT; AND
   H.  PRIOR  PROFESSIONAL CONDUCT: WHERE AN APPLICATION IS SUBMITTED FOR
 LICENSURE ENDORSEMENT IN ANY PROFESSION REGULATED BY  THIS  ARTICLE  AND
 THE  DEPARTMENT  DETERMINES  THAT  WHILE  ENGAGED IN PRACTICE IN ANOTHER
 JURISDICTION THE APPLICANT: (I) HAS BEEN SUBJECT TO DISCIPLINARY  ACTION
 BY  A  DULY  AUTHORIZED  PROFESSIONAL  DISCIPLINARY AGENCY OF SUCH OTHER
 JURISDICTION, WHERE THE CONDUCT UPON WHICH THE DISCIPLINARY  ACTION  WAS
 BASED  WOULD,  IF COMMITTED IN NEW YORK STATE, CONSTITUTE PRACTICING THE
 PROFESSION BEYOND ITS AUTHORIZED SCOPE, WITH  GROSS  INCOMPETENCE,  WITH
 GROSS  NEGLIGENCE ON A PARTICULAR OCCASION, OR WITH NEGLIGENCE OR INCOM-
 PETENCE ON MORE THAN ONE OCCASION UNDER THE LAWS OF NEW YORK  STATE,  OR
 (II)  HAS  VOLUNTARILY  OR OTHERWISE SURRENDERED HIS OR HER PROFESSIONAL
 LICENSE IN ANOTHER JURISDICTION AFTER A DISCIPLINARY ACTION  WAS  INSTI-
 TUTED  BY  A  DULY  AUTHORIZED  PROFESSIONAL DISCIPLINARY AGENCY OF SUCH
 OTHER JURISDICTION, BASED ON CONDUCT THAT WOULD,  IF  COMMITTED  IN  NEW
 YORK  STATE,  CONSTITUTE PRACTICING THE PROFESSION BEYOND ITS AUTHORIZED
 SCOPE, WITH GROSS INCOMPETENCE, WITH GROSS NEGLIGENCE  ON  A  PARTICULAR
 OCCASION,  OR  WITH NEGLIGENCE OR INCOMPETENCE ON MORE THAN ONE OCCASION
 UNDER THE LAWS OF NEW YORK STATE,  THE  DEPARTMENT  SHALL  EVALUATE  THE
 CONDUCT  AND  MAY  DENY  LICENSURE ENDORSEMENT TO THE APPLICANT BASED ON
 SUCH CONDUCT;
   6. DIRECT THE DEPARTMENT TO REMEDY ANY ERROR, OMISSION, DELAY OR OTHER
 CIRCUMSTANCE IN THE ISSUANCE OR REGISTRATION OF A LICENSE;
   7. DESIGNATE A PROFESSIONAL CONDUCT OFFICER, WHO SHALL  BE  THE  CHIEF
 ADMINISTRATIVE  OFFICER  OF THE OFFICE OF THE PROFESSIONS, OR HIS OR HER
 DESIGNEE, IN  CONNECTION  WITH  PROFESSIONAL  LICENSING  AND  MISCONDUCT
 PROCEEDINGS  AND CRIMINAL MATTERS, SUCH OFFICER TO BE EMPOWERED TO ISSUE
 SUBPOENAS AND ADMINISTER OATHS IN CONNECTION WITH SUCH PROCEEDINGS;
 S. 4007--A                         258                        A. 3007--A
 
   8. ESTABLISH BY RULE, STANDARDS OF CONDUCT WITH RESPECT  TO  ADVERTIS-
 ING, FEE SPLITTING, PRACTICING UNDER A NAME OTHER THAN THAT OF THE INDI-
 VIDUAL  LICENSEE  (WHEN  NOT  SPECIFICALLY  AUTHORIZED),  PROPER  USE OF
 ACADEMIC OR PROFESSIONAL DEGREES OR TITLES TENDING TO IMPLY PROFESSIONAL
 STATUS, AND SUCH OTHER ETHICAL PRACTICES AS SUCH BOARD SHALL DEEM NECES-
 SARY,  EXCEPT  THAT NO RULE SHALL BE ESTABLISHED CONCERNING TITLE TWO OF
 THIS ARTICLE; AND
   9. DELEGATE TO DEPARTMENT OFFICERS THE DISPOSITION  OF  ANY  LICENSING
 MATTERS PURSUANT TO RULES.
   §  6507.  ADMINISTRATION.  1.  THE  COMMISSIONER  AND DEPARTMENT SHALL
 ADMINISTER THE ADMISSION TO AND THE PRACTICE OF THE PROFESSIONS.
   2. IN ADMINISTERING, THE COMMISSIONER MAY:
   A. PROMULGATE REGULATIONS, EXCEPT THAT NO REGULATIONS SHALL BE PROMUL-
 GATED CONCERNING TITLE THREE OF THIS CHAPTER;
   B. CONDUCT INVESTIGATIONS;
   C. ISSUE SUBPOENAS;
   D. GRANT IMMUNITY FROM PROSECUTION IN ACCORDANCE WITH SECTION 50.20 OF
 THE CRIMINAL PROCEDURE LAW TO ANYONE SUBPOENAED IN ANY INVESTIGATION  OR
 HEARING CONDUCTED PURSUANT TO THIS ARTICLE; AND
   E.  EXCUSE,  FOR  CAUSE ACCEPTABLE TO THE COMMISSIONER, THE FAILURE TO
 REGISTER WITH THE DEPARTMENT. SUCH EXCUSE SHALL VALIDATE  AND  AUTHORIZE
 SUCH PRACTITIONER'S RIGHT TO PRACTICE PENDING REGISTRATION.
   3. THE DEPARTMENT ASSISTED BY THE BOARD FOR EACH PROFESSION, SHALL:
   A.  ESTABLISH  STANDARDS  FOR PRE-PROFESSIONAL AND PROFESSIONAL EDUCA-
 TION, EXPERIENCE AND LICENSING EXAMINATIONS AS REQUIRED TO IMPLEMENT THE
 TITLE FOR EACH PROFESSION. NOTWITHSTANDING ANY OTHER PROVISION  OF  LAW,
 THE  COMMISSIONER  SHALL  ESTABLISH STANDARDS REQUIRING THAT ALL PERSONS
 APPLYING, ON  OR  AFTER  JANUARY  FIRST,  NINETEEN  HUNDRED  NINETY-ONE,
 INITIALLY,  OR  FOR  THE  RENEWAL OF, A LICENSE, REGISTRATION OR LIMITED
 PERMIT TO BE  A  PHYSICIAN,  CHIROPRACTOR,  DENTIST,  REGISTERED  NURSE,
 PODIATRIST,  OPTOMETRIST,  PSYCHIATRIST,  PSYCHOLOGIST,  LICENSED MASTER
 SOCIAL WORKER, LICENSED CLINICAL SOCIAL WORKER, LICENSED  CREATIVE  ARTS
 THERAPIST,  LICENSED  MARRIAGE  AND  FAMILY  THERAPIST,  LICENSED MENTAL
 HEALTH COUNSELOR, LICENSED  PSYCHOANALYST,  DENTAL  HYGIENIST,  LICENSED
 BEHAVIOR  ANALYST,  OR  CERTIFIED  BEHAVIOR  ANALYST ASSISTANT SHALL, IN
 ADDITION TO ALL THE OTHER LICENSURE, CERTIFICATION  OR  PERMIT  REQUIRE-
 MENTS,  HAVE COMPLETED TWO HOURS OF COURSEWORK OR TRAINING REGARDING THE
 IDENTIFICATION AND  REPORTING  OF  CHILD  ABUSE  AND  MALTREATMENT.  THE
 COURSEWORK OR TRAINING SHALL BE OBTAINED FROM AN INSTITUTION OR PROVIDER
 WHICH  HAS BEEN APPROVED BY THE DEPARTMENT TO PROVIDE SUCH COURSEWORK OR
 TRAINING. THE COURSEWORK OR TRAINING SHALL INCLUDE INFORMATION REGARDING
 THE PHYSICAL AND BEHAVIORAL INDICATORS OF CHILD ABUSE  AND  MALTREATMENT
 AND  THE  STATUTORY  REPORTING  REQUIREMENTS  SET  OUT  IN SECTIONS FOUR
 HUNDRED THIRTEEN THROUGH FOUR HUNDRED TWENTY OF THE SOCIAL SERVICES LAW,
 INCLUDING BUT NOT LIMITED TO, WHEN AND HOW A REPORT MUST BE  MADE,  WHAT
 OTHER  ACTIONS THE REPORTER IS MANDATED OR AUTHORIZED TO TAKE, THE LEGAL
 PROTECTIONS AFFORDED REPORTERS, AND  THE  CONSEQUENCES  FOR  FAILING  TO
 REPORT. SUCH COURSEWORK OR TRAINING MAY ALSO INCLUDE INFORMATION REGARD-
 ING  THE  PHYSICAL AND BEHAVIORAL INDICATORS OF THE ABUSE OF INDIVIDUALS
 WITH MENTAL RETARDATION AND OTHER DEVELOPMENTAL DISABILITIES AND  VOLUN-
 TARY  REPORTING  OF  ABUSED OR NEGLECTED ADULTS TO THE OFFICE FOR PEOPLE
 WITH DEVELOPMENTAL DISABILITIES OR THE LOCAL ADULT  PROTECTIVE  SERVICES
 UNIT.  EACH  APPLICANT  SHALL  PROVIDE THE DEPARTMENT WITH DOCUMENTATION
 SHOWING THAT HE OR SHE HAS COMPLETED THE REQUIRED TRAINING. THE  DEPART-
 MENT  SHALL  PROVIDE  AN EXEMPTION FROM THE CHILD ABUSE AND MALTREATMENT
 TRAINING REQUIREMENTS TO ANY APPLICANT WHO REQUESTS  SUCH  AN  EXEMPTION
 S. 4007--A                         259                        A. 3007--A
 
 AND  WHO SHOWS, TO THE DEPARTMENT'S SATISFACTION, THAT THERE WOULD BE NO
 NEED BECAUSE OF THE NATURE OF HIS OR HER PRACTICE  FOR  HIM  OR  HER  TO
 COMPLETE SUCH TRAINING;
   B.  REVIEW  QUALIFICATIONS  IN CONNECTION WITH LICENSING REQUIREMENTS;
 AND
   C. PROVIDE FOR LICENSING EXAMINATIONS AND REEXAMINATIONS.
   4. THE DEPARTMENT SHALL:
   A. REGISTER OR APPROVE EDUCATIONAL PROGRAMS DESIGNED FOR  THE  PURPOSE
 OF  PROVIDING  PROFESSIONAL PREPARATION WHICH MEET STANDARDS ESTABLISHED
 BY THE DEPARTMENT.
   B. ISSUE LICENSES, REGISTRATIONS, AND  LIMITED  PERMITS  TO  QUALIFIED
 APPLICANTS;
   C.  (I)  ISSUE  A CERTIFICATE OF AUTHORITY TO A QUALIFIED PROFESSIONAL
 SERVICE CORPORATION BEING ORGANIZED UNDER SECTION FIFTEEN HUNDRED  THREE
 OF  THE  BUSINESS  CORPORATION  LAW  OR TO A UNIVERSITY FACULTY PRACTICE
 CORPORATION BEING ORGANIZED UNDER SECTION FOURTEEN HUNDRED TWELVE OF THE
 NOT-FOR-PROFIT CORPORATION LAW ON PAYMENT OF A FEE  OF  NINETY  DOLLARS,
 (II)  REQUIRE SUCH CORPORATIONS TO FILE A CERTIFIED COPY OF EACH CERTIF-
 ICATE OF INCORPORATION AND AMENDMENT THERETO WITHIN  THIRTY  DAYS  AFTER
 THE FILING OF SUCH CERTIFICATE OR AMENDMENT ON PAYMENT OF A FEE OF TWEN-
 TY  DOLLARS,  (III) REQUIRE SUCH CORPORATIONS TO FILE A TRIENNIAL STATE-
 MENT REQUIRED BY SECTION FIFTEEN HUNDRED FOURTEEN OF THE BUSINESS CORPO-
 RATION LAW ON PAYMENT OF A FEE OF ONE HUNDRED FIVE DOLLARS.
   D. REVOKE LIMITED PERMITS ON THE RECOMMENDATION OF  THE  COMMITTEE  ON
 PROFESSIONAL  CONDUCT  FOR  THE PROFESSION CONCERNED, EXCEPT FOR LIMITED
 PERMITS ISSUED TO PHYSICIANS, PHYSICIAN'S  ASSISTANTS  AND  SPECIALIST'S
 ASSISTANTS  WHICH  SHALL  BE SUBJECT TO SECTIONS TWO HUNDRED THIRTY, TWO
 HUNDRED THIRTY-A, TWO HUNDRED THIRTY-B AND TWO HUNDRED THIRTY-C OF  THIS
 CHAPTER;
   E.  MAINTAIN PUBLIC RECORDS OF LICENSES ISSUED AND RETAIN IN ITS FILES
 IDENTIFYING DATA CONCERNING EACH PERSON  TO  WHOM  A  LICENSE  HAS  BEEN
 ISSUED;
   F.  COLLECT  THE FEES PRESCRIBED BY THIS ARTICLE OR OTHERWISE PROVIDED
 BY LAW;
   G. PREPARE AN ANNUAL REPORT FOR  THE  LEGISLATURE,  THE  GOVERNOR  AND
 OTHER  EXECUTIVE  OFFICES, THE STATE BOARDS FOR THE PROFESSIONS, PROFES-
 SIONAL SOCIETIES, CONSUMER AGENCIES AND OTHER INTERESTED  PERSONS.  SUCH
 REPORT SHALL INCLUDE BUT NOT BE LIMITED TO A DESCRIPTION AND ANALYSIS OF
 THE  ADMINISTRATIVE  PROCEDURES  AND  OPERATIONS OF THE DEPARTMENT BASED
 UPON A STATISTICAL SUMMARY RELATING TO (I) NEW  LICENSURE,  (II)  DISCI-
 PLINE, (III) COMPLAINT, INVESTIGATION, AND HEARING BACKLOG, (IV) BUDGET,
 AND (V) THE STATE BOARDS FOR THE PROFESSIONS. INFORMATION PROVIDED SHALL
 BE ENUMERATED BY PROFESSION; AND
   H. ESTABLISH AN ADMINISTRATIVE UNIT WHICH SHALL BE RESPONSIBLE FOR THE
 INVESTIGATION,  PROSECUTION  AND  DETERMINATION OF ALLEGED VIOLATIONS OF
 PROFESSIONAL CONDUCT.
   5. WHERE AN APPLICATION IS SUBMITTED FOR LICENSURE OR A LIMITED PERMIT
 IN ANY PROFESSION REGULATED BY THIS ARTICLE AND THE COMMISSIONER  DETER-
 MINES  THAT  WHILE  ENGAGED IN PRACTICE IN ANOTHER JURISDICTION: (I) THE
 APPLICANT HAS BEEN SUBJECT TO DISCIPLINARY ACTION BY A  DULY  AUTHORIZED
 PROFESSIONAL  DISCIPLINARY  AGENCY OF SUCH OTHER JURISDICTION, WHERE THE
 CONDUCT UPON WHICH THE DISCIPLINARY ACTION WAS BASED WOULD, IF COMMITTED
 IN NEW YORK STATE,  CONSTITUTE  PRACTICING  THE  PROFESSION  BEYOND  ITS
 AUTHORIZED  SCOPE,  WITH  GROSS INCOMPETENCE, WITH GROSS NEGLIGENCE ON A
 PARTICULAR OCCASION, OR WITH NEGLIGENCE OR INCOMPETENCE ON MORE THAN ONE
 OCCASION UNDER THE LAWS OF NEW YORK STATE, OR  (II)  THE  APPLICANT  HAS
 S. 4007--A                         260                        A. 3007--A
 
 VOLUNTARILY  OR OTHERWISE SURRENDERED HIS OR HER PROFESSIONAL LICENSE IN
 ANOTHER JURISDICTION AFTER A DISCIPLINARY ACTION  WAS  INSTITUTED  BY  A
 DULY AUTHORIZED PROFESSIONAL DISCIPLINARY AGENCY OF SUCH OTHER JURISDIC-
 TION  BASED  ON  CONDUCT  THAT  WOULD,  IF  COMMITTED IN NEW YORK STATE,
 CONSTITUTE PRACTICING THE PROFESSION BEYOND ITS AUTHORIZED  SCOPE,  WITH
 GROSS  INCOMPETENCE,  WITH GROSS NEGLIGENCE ON A PARTICULAR OCCASION, OR
 WITH NEGLIGENCE OR INCOMPETENCE ON MORE THAN ONE OCCASION UNDER THE LAWS
 OF NEW YORK STATE, THE DEPARTMENT SHALL EVALUATE  THE  CONDUCT  AND  THE
 COMMISSIONER  MAY  DENY LICENSURE OR ISSUANCE OF A LIMITED PERMIT TO THE
 APPLICANT BASED ON SUCH CONDUCT.
   6. THE COMMISSIONER AND THE DEPARTMENT SHALL PERFORM ANY  OTHER  FUNC-
 TIONS NECESSARY TO IMPLEMENT THIS ARTICLE.
   §  6507-A.  REGISTRATION  FEE  SURCHARGE.  THE  COMMISSIONER IS HEREBY
 AUTHORIZED TO IMPOSE AND COLLECT A FIFTEEN  PERCENT  SURCHARGE,  ROUNDED
 UPWARD  TO  THE  NEAREST  DOLLAR,  ON  ANY PROFESSIONAL REGISTRATION FEE
 IMPOSED UNDER THIS ARTICLE THAT IS SUBJECT TO DEPOSIT IN THE  OFFICE  OF
 THE PROFESSIONS ACCOUNT ESTABLISHED PURSUANT TO SECTION NINETY-SEVEN-NNN
 OF  THE  STATE  FINANCE  LAW. SUCH SURCHARGE SHALL NOT BE IMPOSED ON ANY
 SUCH FEE DEDICATED FOR  DEPOSIT  IN  THE  PROFESSIONAL  MEDICAL  CONDUCT
 ACCOUNT.
   § 6508. ASSISTANCE BY STATE BOARDS FOR THE PROFESSIONS. 1. A BOARD FOR
 EACH  PROFESSION SHALL BE APPOINTED BY THE DEPARTMENT ON THE RECOMMENDA-
 TION OF THE COMMISSIONER FOR THE PURPOSE OF ASSISTING THE DEPARTMENT  ON
 MATTERS  OF PROFESSIONAL LICENSING, PRACTICE, AND CONDUCT.  THE COMPOSI-
 TION OF EACH BOARD SHALL BE AS PRESCRIBED IN THE TITLE RELATING TO  EACH
 PROFESSION.  WITHIN EACH BOARD A COMMITTEE ON LICENSING MAY BE APPOINTED
 BY  THE BOARD CHAIRMAN. EXCEPT AS PROVIDED IN PARAGRAPH A OF THIS SUBDI-
 VISION, THE MEMBERSHIP OF EACH PROFESSIONAL  LICENSING  BOARD  SHALL  BE
 INCREASED  BY  ONE  MEMBER,  AND EACH SUCH BOARD SHALL HAVE AT LEAST ONE
 PUBLIC REPRESENTATIVE WHO SHALL BE SELECTED BY THE DEPARTMENT  FROM  THE
 GENERAL PUBLIC.
   A.  THE  MEMBERSHIP OF THE PROFESSIONAL LICENSING BOARDS CREATED UNDER
 SECTIONS SIXTY-FIVE HUNDRED TWENTY-THREE, SIXTY-EIGHT HUNDRED  FOUR  AND
 SIXTY-NINE  HUNDRED  THREE  OF  THIS  ARTICLE,  AND SECTION SEVENTY-FOUR
 HUNDRED THREE OF THE EDUCATION LAW SHALL BE INCREASED  BY  TWO  MEMBERS,
 AND  EACH SUCH BOARD SHALL HAVE AT LEAST TWO PUBLIC REPRESENTATIVES, WHO
 SHALL BE SELECTED BY THE DEPARTMENT FROM THE GENERAL PUBLIC.
   B. FOR THE PURPOSES OF THIS ARTICLE, A "PUBLIC  REPRESENTATIVE"  SHALL
 BE  A PERSON WHO IS A CONSUMER OF SERVICES PROVIDED BY THOSE LICENSED OR
 OTHERWISE SUPERVISED OR REGULATED BY THE BOARDS CREATED  HEREUNDER,  AND
 SHALL  NOT  BE,  NOR WITHIN FIVE YEARS IMMEDIATELY PRECEDING APPOINTMENT
 HAVE BEEN:
   (I) A LICENSEE OR PERSON OTHERWISE SUBJECT TO THE SUPERVISION OR REGU-
 LATION OF THE BOARD TO WHICH APPOINTED; OR
   (II) A PERSON MAINTAINING A CONTRACTUAL RELATIONSHIP WITH  A  LICENSEE
 OF  SUCH  BOARD,  WHICH  WOULD CONSTITUTE MORE THAN TWO PERCENTUM OF THE
 PRACTICE OR BUSINESS OF ANY SUCH LICENSEE, OR AN OFFICER,  DIRECTOR,  OR
 REPRESENTATIVE OF SUCH PERSON OR GROUP OF PERSONS.
   2.  EACH  STATE  BOARD  FOR THE PROFESSIONS AS PRESCRIBED IN THE TITLE
 RELATING TO EACH PROFESSION BOARD, OR ITS COMMITTEE ON LICENSING,  SHALL
 SELECT  OR PREPARE EXAMINATIONS, MAY CONDUCT ORAL AND PRACTICAL EXAMINA-
 TIONS AND REEXAMINATIONS, SHALL  FIX  PASSING  GRADES,  AND  ASSIST  THE
 DEPARTMENT IN OTHER LICENSING MATTERS AS PRESCRIBED BY THE DEPARTMENT.
   3.  EACH BOARD SHALL CONDUCT DISCIPLINARY PROCEEDINGS AS PRESCRIBED IN
 THIS ARTICLE AND SHALL ASSIST IN OTHER PROFESSIONAL CONDUCT  MATTERS  AS
 PRESCRIBED BY THE DEPARTMENT.
 S. 4007--A                         261                        A. 3007--A
 
   4.  MEMBERS  OF  EACH  BOARD  SHALL BE APPOINTED BY THE DEPARTMENT FOR
 FIVE-YEAR TERMS EXCEPT THAT THE TERMS OF THOSE FIRST APPOINTED SHALL  BE
 ARRANGED  SO  THAT AS NEARLY AS POSSIBLE AN EQUAL NUMBER SHALL TERMINATE
 ANNUALLY. A VACANCY OCCURRING DURING  A  TERM  SHALL  BE  FILLED  BY  AN
 APPOINTMENT BY THE DEPARTMENT FOR THE UNEXPIRED TERM. EACH STATE PROFES-
 SIONAL  ASSOCIATION  OR  SOCIETY MAY NOMINATE ONE OR MORE CANDIDATES FOR
 EACH APPOINTMENT TO BE MADE TO THE BOARD FOR  ITS  PROFESSION,  BUT  THE
 DEPARTMENT  SHALL  NOT  BE  REQUIRED TO APPOINT CANDIDATES SO NOMINATED.
 FORMER MEMBERS OF A BOARD MAY BE RE-APPOINTED BY THE DEPARTMENT, ON  THE
 RECOMMENDATION  OF  THE  COMMISSIONER,  TO SERVE AS MEMBERS OF THE BOARD
 SOLELY FOR THE PURPOSES OF DISCIPLINARY PROCEEDINGS, PROCEEDINGS  RELAT-
 ING   TO  THE  MORAL  CHARACTER  OF  AN  APPLICANT  FOR  LICENSURE,  AND
 PROCEEDINGS RELATING TO APPLICATIONS FOR THE RESTORATION  OF  A  PROFES-
 SIONAL  LICENSE.  IN  ADDITION,  EACH  BOARD SHALL ESTABLISH A ROSTER OF
 AUXILIARY MEMBERS FROM CANDIDATES NOMINATED BY PROFESSIONAL ASSOCIATIONS
 OR SOCIETIES FOR APPOINTMENT BY THE DEPARTMENT, ON THE RECOMMENDATION OF
 THE COMMISSIONER, TO SERVE AS  MEMBERS  OF  THE  BOARD  SOLELY  FOR  THE
 PURPOSES  OF DISCIPLINARY PROCEEDINGS, PROCEEDINGS RELATING TO THE MORAL
 CHARACTER OF AN APPLICANT FOR LICENSURE,  AND  PROCEEDINGS  RELATING  TO
 APPLICATIONS FOR THE RESTORATION OF A PROFESSIONAL LICENSE.
   5.  EACH MEMBER OF A BOARD SHALL RECEIVE A CERTIFICATE OF APPOINTMENT,
 SHALL BEFORE BEGINNING HIS OR HER TERM OF OFFICE FILE  A  CONSTITUTIONAL
 OATH  OF  OFFICE  WITH  THE  SECRETARY OF STATE, SHALL RECEIVE UP TO ONE
 HUNDRED DOLLARS AS PRESCRIBED BY THE DEPARTMENT FOR EACH DAY DEVOTED  TO
 BOARD  WORK,  AND  SHALL  BE  REIMBURSED FOR HIS NECESSARY EXPENSES. ANY
 MEMBER MAY BE REMOVED FROM A BOARD BY  THE  DEPARTMENT  FOR  MISCONDUCT,
 INCAPACITY OR NEGLECT OF DUTY.
   6.  EACH BOARD SHALL ELECT FROM ITS MEMBERS A CHAIRMAN AND VICE-CHAIR-
 MAN ANNUALLY, SHALL MEET UPON CALL OF THE CHAIRMAN  OR  THE  DEPARTMENT,
 AND  MAY  ADOPT  BYLAWS CONSISTENT WITH THIS ARTICLE AND APPROVED BY THE
 DEPARTMENT. A QUORUM FOR THE TRANSACTION OF BUSINESS BY THE BOARD  SHALL
 BE A MAJORITY OF MEMBERS BUT NOT LESS THAN FIVE MEMBERS.
   7.  AN  EXECUTIVE  SECRETARY  TO  EACH BOARD SHALL BE APPOINTED BY THE
 DEPARTMENT ON RECOMMENDATION OF THE COMMISSIONER. SUCH EXECUTIVE  SECRE-
 TARY SHALL NOT BE A MEMBER OF THE BOARD, SHALL HOLD OFFICE AT THE PLEAS-
 URE  OF,  AND SHALL HAVE THE POWERS, DUTIES AND ANNUAL SALARY PRESCRIBED
 BY THE DEPARTMENT.
 
                                SUBTITLE 3
                          PROFESSIONAL MISCONDUCT
 SECTION 6509.   DEFINITIONS OF PROFESSIONAL MISCONDUCT.
         6509-A. ADDITIONAL DEFINITION OF PROFESSIONAL MISCONDUCT; LIMIT-
                   ED APPLICATION.
         6509-B. ADDITIONAL  DEFINITION   OF   PROFESSIONAL   MISCONDUCT;
                   ARREARS IN PAYMENT OF SUPPORT; LIMITED APPLICATION.
         6509-C. ADDITIONAL  DEFINITION OF PROFESSIONAL MISCONDUCT; FAIL-
                   URE  TO  COMPLY  IN   PATERNITY   OR   CHILD   SUPPORT
                   PROCEEDINGS; LIMITED APPLICATION.
         6509-D. LIMITED EXEMPTION FROM PROFESSIONAL MISCONDUCT.
         6509-E. ADDITIONAL DEFINITION OF PROFESSIONAL MISCONDUCT; MENTAL
                   HEALTH PROFESSIONALS.
         6510.   PROCEEDINGS IN CASES OF PROFESSIONAL MISCONDUCT.
         6510-A. TEMPORARY  SURRENDER  OF  LICENSES  DURING TREATMENT FOR
                   DRUG OR ALCOHOL ABUSE.
         6510-B. NURSE PEER ASSISTANCE PROGRAMS.
         6510-C. VOLUNTARY NON-DISCIPLINARY SURRENDER OF A LICENSE.
 S. 4007--A                         262                        A. 3007--A
 
         6510-D. NURSES' REFUSAL OF OVERTIME WORK.
         6511.   PENALTIES FOR PROFESSIONAL MISCONDUCT.
   §  6509. DEFINITIONS OF PROFESSIONAL MISCONDUCT. EACH OF THE FOLLOWING
 IS PROFESSIONAL MISCONDUCT,  AND  ANY  LICENSEE  FOUND  GUILTY  OF  SUCH
 MISCONDUCT UNDER THE PROCEDURES PRESCRIBED IN SECTION SIXTY-FIVE HUNDRED
 TEN  OF  THIS  SUBTITLE  SHALL BE SUBJECT TO THE PENALTIES PRESCRIBED IN
 SECTION SIXTY-FIVE HUNDRED ELEVEN OF THIS SUBTITLE:
   1. OBTAINING THE LICENSE FRAUDULENTLY,
   2. PRACTICING  THE  PROFESSION  FRAUDULENTLY,  BEYOND  ITS  AUTHORIZED
 SCOPE,  WITH  GROSS  INCOMPETENCE, WITH GROSS NEGLIGENCE ON A PARTICULAR
 OCCASION OR NEGLIGENCE OR INCOMPETENCE ON MORE THAN ONE OCCASION,
   3. PRACTICING THE PROFESSION WHILE THE ABILITY TO PRACTICE IS IMPAIRED
 BY ALCOHOL, DRUGS, PHYSICAL DISABILITY, OR MENTAL DISABILITY,
   4. BEING HABITUALLY DRUNK OR BEING DEPENDENT ON, OR A HABITUAL USER OF
 NARCOTICS, BARBITURATES, AMPHETAMINES,  HALLUCINOGENS,  OR  OTHER  DRUGS
 HAVING SIMILAR EFFECTS,
   5. A. BEING CONVICTED OF COMMITTING AN ACT CONSTITUTING A CRIME UNDER:
   (I) NEW YORK STATE LAW OR,
   (II) FEDERAL LAW OR,
   (III)  THE  LAW OF ANOTHER JURISDICTION AND WHICH, IF COMMITTED WITHIN
 THIS STATE, WOULD HAVE CONSTITUTED A CRIME UNDER NEW YORK STATE LAW;
   B. HAVING BEEN FOUND  GUILTY  OF  IMPROPER  PROFESSIONAL  PRACTICE  OR
 PROFESSIONAL  MISCONDUCT  BY A DULY AUTHORIZED PROFESSIONAL DISCIPLINARY
 AGENCY OF ANOTHER STATE WHERE THE CONDUCT UPON  WHICH  THE  FINDING  WAS
 BASED  WOULD,  IF  COMMITTED  IN NEW YORK STATE, CONSTITUTE PROFESSIONAL
 MISCONDUCT UNDER THE LAWS OF NEW YORK STATE;
   C. HAVING BEEN FOUND BY THE COMMISSIONER TO BE IN VIOLATION OF ARTICLE
 THIRTY-THREE THIS CHAPTER.
   D. HAVING HIS OR HER LICENSE TO PRACTICE MEDICINE  REVOKED,  SUSPENDED
 OR HAVING OTHER DISCIPLINARY ACTION TAKEN, OR HAVING HIS OR HER APPLICA-
 TION  FOR  A LICENSE REFUSED, REVOKED OR SUSPENDED OR HAVING VOLUNTARILY
 OR OTHERWISE SURRENDERED HIS OR HER LICENSE AFTER A DISCIPLINARY  ACTION
 WAS  INSTITUTED BY A DULY AUTHORIZED PROFESSIONAL DISCIPLINARY AGENCY OF
 ANOTHER STATE, WHERE THE CONDUCT RESULTING IN THE REVOCATION, SUSPENSION
 OR OTHER DISCIPLINARY ACTION INVOLVING THE LICENSE OR  REFUSAL,  REVOCA-
 TION  OR  SUSPENSION OF AN APPLICATION FOR A LICENSE OR THE SURRENDER OF
 THE LICENSE WOULD, IF COMMITTED IN NEW YORK  STATE,  CONSTITUTE  PROFES-
 SIONAL MISCONDUCT UNDER THE LAWS OF NEW YORK STATE.
   6.  REFUSING  TO  PROVIDE  PROFESSIONAL SERVICE TO A PERSON BECAUSE OF
 SUCH PERSON'S RACE, CREED, COLOR, OR NATIONAL ORIGIN,
   7. PERMITTING, AIDING OR ABETTING  AN  UNLICENSED  PERSON  TO  PERFORM
 ACTIVITIES REQUIRING A LICENSE,
   8.  PRACTICING THE PROFESSION WHILE THE LICENSE IS SUSPENDED, OR WILL-
 FULLY FAILING TO REGISTER OR NOTIFY THE DEPARTMENT OF ANY CHANGE OF NAME
 OR MAILING ADDRESS, OR, IF A PROFESSIONAL SERVICE CORPORATION  WILLFULLY
 FAILING  TO  COMPLY  WITH  SECTIONS  FIFTEEN  HUNDRED  THREE AND FIFTEEN
 HUNDRED FOURTEEN OF THE BUSINESS CORPORATION LAW  OR,  IF  A  UNIVERSITY
 FACULTY PRACTICE CORPORATION WILLFULLY FAILING TO COMPLY WITH PARAGRAPHS
 (B),  (C)  AND  (D) OF SECTION FIFTEEN HUNDRED THREE AND SECTION FIFTEEN
 HUNDRED FOURTEEN OF THE BUSINESS CORPORATION LAW,
   9. COMMITTING UNPROFESSIONAL CONDUCT, AS DEFINED BY THE DEPARTMENT  IN
 ITS  RULES OR BY THE COMMISSIONER IN REGULATIONS APPROVED BY THE DEPART-
 MENT,
   10. A VIOLATION OF SECTION TWENTY-EIGHT  HUNDRED  THREE-D  OR  TWENTY-
 EIGHT HUNDRED FIVE-K OF THIS CHAPTER,
 S. 4007--A                         263                        A. 3007--A
 
   11.  A VIOLATION OF SECTION SIXTY-FIVE HUNDRED FIVE-B OF THE EDUCATION
 LAW  BY  A  PROFESSIONAL  OTHER  THAN  A  PROFESSIONAL  SUBJECT  TO  THE
 PROVISIONS  OF  PARAGRAPH (F) OF SUBDIVISION ONE OF SECTION TWENTY-EIGHT
 HUNDRED FIVE-K OF THIS CHAPTER,
   12. IN THE EVENT THAT THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION HAS
 REPORTED TO THE DEPARTMENT ALLEGED MISCONDUCT BY AN ARCHITECT OR PROFES-
 SIONAL  ENGINEER IN MAKING A CERTIFICATION UNDER SECTION NINETEEN OF THE
 TAX LAW, RELATING TO THE GREEN BUILDING TAX CREDIT, THE DEPARTMENT, UPON
 A HEARING AND A FINDING OF WILLFUL MISCONDUCT, MAY REVOKE THE LICENSE OF
 SUCH PROFESSIONAL OR PRESCRIBE SUCH OTHER PENALTY AS IT DETERMINES TO BE
 APPROPRIATE, OR
   13. IN THE EVENT THAT ANY AGENCY DESIGNATED PURSUANT TO  TITLE  FOUR-B
 OF ARTICLE FOUR OF THE REAL PROPERTY TAX LAW, RELATING TO THE GREEN ROOF
 TAX  ABATEMENT,  HAS REPORTED TO THE DEPARTMENT ALLEGED MISCONDUCT BY AN
 ARCHITECT OR ENGINEER IN MAKING A CERTIFICATION UNDER  SUCH  TITLE,  THE
 DEPARTMENT,  UPON  A  HEARING  AND  A FINDING OF WILLFUL MISCONDUCT, MAY
 REVOKE THE LICENSE OF SUCH PROFESSIONAL OR PRESCRIBE SUCH OTHER  PENALTY
 AS IT DETERMINES TO BE APPROPRIATE,
   14.  IN  THE EVENT THAT ANY AGENCY DESIGNATED PURSUANT TO TITLE FOUR-C
 OF ARTICLE FOUR OF THE REAL PROPERTY TAX  LAW,  RELATING  TO  THE  SOLAR
 ELECTRIC GENERATING SYSTEM TAX ABATEMENT, HAS REPORTED TO THE DEPARTMENT
 ALLEGED MISCONDUCT BY AN ARCHITECT OR ENGINEER IN MAKING A CERTIFICATION
 UNDER  SUCH TITLE, THE DEPARTMENT, UPON A HEARING AND A FINDING OF WILL-
 FUL MISCONDUCT, MAY REVOKE THE LICENSE OF SUCH PROFESSIONAL OR PRESCRIBE
 SUCH OTHER PENALTY AS IT DETERMINES TO BE APPROPRIATE.
   § 6509-A. ADDITIONAL DEFINITION OF  PROFESSIONAL  MISCONDUCT;  LIMITED
 APPLICATION.  NOTWITHSTANDING ANY INCONSISTENT PROVISION OF THIS ARTICLE
 OR  OF ANY OTHER PROVISION OF LAW TO THE CONTRARY, THE LICENSE OR REGIS-
 TRATION OF A PERSON SUBJECT TO THE  PROVISIONS  OF  TITLES  SIX,  SEVEN,
 NINE, TEN, TWELVE, FOURTEEN, FIFTEEN, AND TWENTY-SIX OF THIS ARTICLE MAY
 BE  REVOKED,  SUSPENDED OR ANNULLED OR SUCH PERSON MAY BE SUBJECT TO ANY
 OTHER PENALTY PROVIDED IN SECTION  SIXTY-FIVE  HUNDRED  ELEVEN  OF  THIS
 SUBTITLE  IN ACCORDANCE WITH THE PROVISIONS AND PROCEDURE OF THIS SUBTI-
 TLE FOR THE FOLLOWING:  THAT ANY PERSON SUBJECT TO THE ABOVE  ENUMERATED
 TITLES,  HAS  DIRECTLY OR INDIRECTLY REQUESTED, RECEIVED OR PARTICIPATED
 IN THE DIVISION, TRANSFERENCE, ASSIGNMENT, REBATE, SPLITTING OR  REFUND-
 ING  OF  A  FEE  FOR, OR HAS DIRECTLY REQUESTED, RECEIVED OR PROFITED BY
 MEANS OF A CREDIT OR  OTHER  VALUABLE  CONSIDERATION  AS  A  COMMISSION,
 DISCOUNT  OR  GRATUITY IN CONNECTION WITH THE FURNISHING OF PROFESSIONAL
 CARE, OR SERVICE, INCLUDING X-RAY EXAMINATION AND TREATMENT, OR  FOR  OR
 IN CONNECTION WITH THE SALE, RENTAL, SUPPLYING OR FURNISHING OF CLINICAL
 LABORATORY  SERVICES OR SUPPLIES, X-RAY LABORATORY SERVICES OR SUPPLIES,
 INHALATION THERAPY SERVICE OR EQUIPMENT, AMBULANCE SERVICE, HOSPITAL  OR
 MEDICAL  SUPPLIES,  PHYSIOTHERAPY OR OTHER THERAPEUTIC SERVICE OR EQUIP-
 MENT, ARTIFICIAL LIMBS, TEETH OR EYES, ORTHOPEDIC OR SURGICAL APPLIANCES
 OR SUPPLIES, OPTICAL APPLIANCES, SUPPLIES OR EQUIPMENT, DEVICES FOR  AID
 OF  HEARING,  DRUGS,  MEDICATION OR MEDICAL SUPPLIES OR ANY OTHER GOODS,
 SERVICES OR SUPPLIES PRESCRIBED FOR MEDICAL DIAGNOSIS, CARE OR TREATMENT
 UNDER THIS CHAPTER, EXCEPT PAYMENT, NOT TO EXCEED THIRTY-THREE AND  ONE-
 THIRD PER CENTUM OF ANY FEE RECEIVED FOR X-RAY EXAMINATION, DIAGNOSIS OR
 TREATMENT,  TO  ANY HOSPITAL FURNISHING FACILITIES FOR SUCH EXAMINATION,
 DIAGNOSIS OR TREATMENT. NOTHING CONTAINED IN THIS SECTION SHALL PROHIBIT
 SUCH PERSONS FROM PRACTICING AS PARTNERS, IN GROUPS OR AS A PROFESSIONAL
 CORPORATION OR AS A UNIVERSITY FACULTY  PRACTICE  CORPORATION  NOR  FROM
 POOLING  FEES  AND  MONEYS RECEIVED, EITHER BY THE PARTNERSHIPS, PROFES-
 SIONAL CORPORATIONS, UNIVERSITY FACULTY PRACTICE CORPORATIONS OR  GROUPS
 S. 4007--A                         264                        A. 3007--A
 
 BY  THE  INDIVIDUAL MEMBERS THEREOF, FOR PROFESSIONAL SERVICES FURNISHED
 BY ANY INDIVIDUAL PROFESSIONAL MEMBER, OR EMPLOYEE OF SUCH  PARTNERSHIP,
 CORPORATION OR GROUP, NOR SHALL THE PROFESSIONALS CONSTITUTING THE PART-
 NERSHIPS, CORPORATIONS OR GROUPS BE PROHIBITED FROM SHARING, DIVIDING OR
 APPORTIONING THE FEES AND MONEYS RECEIVED BY THEM OR BY THE PARTNERSHIP,
 CORPORATION  OR  GROUP  IN ACCORDANCE WITH A PARTNERSHIP OR OTHER AGREE-
 MENT; PROVIDED THAT NO SUCH PRACTICE AS  PARTNERS,  CORPORATIONS  OR  IN
 GROUPS  OR  POOLING  OF  FEES  OR MONEYS RECEIVED OR SHARED, DIVISION OR
 APPORTIONMENT OF FEES SHALL BE PERMITTED WITH RESPECT TO CARE AND TREAT-
 MENT UNDER THE WORKERS' COMPENSATION LAW EXCEPT AS EXPRESSLY  AUTHORIZED
 BY  THE  WORKERS'  COMPENSATION  LAW.  NOTHING CONTAINED IN THIS CHAPTER
 SHALL PROHIBIT A MEDICAL OR DENTAL EXPENSE INDEMNITY CORPORATION  PURSU-
 ANT  TO  ITS CONTRACT WITH THE SUBSCRIBER FROM PRORATIONING A MEDICAL OR
 DENTAL EXPENSE INDEMNITY ALLOWANCE AMONG TWO OR  MORE  PROFESSIONALS  IN
 PROPORTION  TO  THE  SERVICES  RENDERED BY EACH SUCH PROFESSIONAL AT THE
 REQUEST OF THE SUBSCRIBER, PROVIDED THAT PRIOR TO PAYMENT  THEREOF  SUCH
 PROFESSIONALS  SHALL SUBMIT BOTH TO THE MEDICAL OR DENTAL EXPENSE INDEM-
 NITY CORPORATION AND TO THE SUBSCRIBER STATEMENTS ITEMIZING THE SERVICES
 RENDERED BY EACH SUCH PROFESSIONAL AND THE CHARGES THEREFOR.
   § 6509-B. ADDITIONAL DEFINITION OF PROFESSIONAL MISCONDUCT; ARREARS IN
 PAYMENT OF SUPPORT; LIMITED  APPLICATION.  1.  THE  PROVISIONS  OF  THIS
 SECTION  SHALL  APPLY  IN ALL CASES OF LICENSEE OR REGISTRANT ARREARS IN
 PAYMENT OF CHILD SUPPORT OR COMBINED CHILD AND SPOUSAL SUPPORT  REFERRED
 TO THE DEPARTMENT BY A COURT PURSUANT TO THE REQUIREMENTS OF SECTION TWO
 HUNDRED  FORTY-FOUR-C  OF  THE  DOMESTIC  RELATIONS  LAW  OR PURSUANT TO
 SECTION FOUR HUNDRED FIFTY-EIGHT-B OF THE FAMILY COURT ACT.
   2. UPON RECEIPT OF AN ORDER FROM THE COURT  PURSUANT  TO  ONE  OF  THE
 FOREGOING  PROVISIONS OF LAW, THE DEPARTMENT, IF IT FINDS SUCH PERSON TO
 BE SO LICENSED OR REGISTERED, SHALL WITHIN THIRTY  DAYS  OF  RECEIPT  OF
 SUCH  ORDER FROM THE COURT, PROVIDE NOTICE TO THE LICENSEE OR REGISTRANT
 OF, AND CAUSE THE REGENTS REVIEW COMMITTEE TO INITIATE, A HEARING  WHICH
 SHALL  BE  HELD  AT LEAST TWENTY DAYS AND NO MORE THAN THIRTY DAYS AFTER
 THE SENDING OF SUCH NOTICE TO THE LICENSEE OR  REGISTRANT.  THE  HEARING
 SHALL BE HELD SOLELY FOR THE PURPOSE OF DETERMINING WHETHER THERE EXISTS
 AS  OF THE DATE OF THE HEARING PROOF THAT FULL PAYMENT OF ALL ARREARS OF
 SUPPORT ESTABLISHED BY THE ORDER OF THE COURT TO BE DUE FROM THE  LICEN-
 SEE  OR  REGISTRANT  HAVE  BEEN  PAID.  PROOF OF SUCH PAYMENT SHALL BE A
 CERTIFIED CHECK SHOWING FULL PAYMENT OF ESTABLISHED ARREARS OR A  NOTICE
 ISSUED BY THE COURT OR BY THE SUPPORT COLLECTION UNIT WHERE THE ORDER IS
 PAYABLE  TO  THE  SUPPORT  COLLECTION UNIT DESIGNATED BY THE APPROPRIATE
 SOCIAL SERVICES DISTRICT. SUCH NOTICE SHALL STATE THAT FULL  PAYMENT  OF
 ALL  ARREARS  OF SUPPORT ESTABLISHED BY THE ORDER OF THE COURT TO BE DUE
 HAVE BEEN PAID. THE LICENSEE OR REGISTRANT SHALL BE GIVEN FULL  OPPORTU-
 NITY  TO  PRESENT  SUCH  PROOF OF PAYMENT AT THE HEARING IN PERSON OR BY
 COUNSEL. THE ONLY ISSUE TO BE DETERMINED BY THE REGENTS REVIEW COMMITTEE
 AS A RESULT OF THE HEARING IS WHETHER THE ARREARS  HAVE  BEEN  PAID.  NO
 EVIDENCE WITH RESPECT TO THE APPROPRIATENESS OF THE COURT ORDER OR ABIL-
 ITY  OF  THE RESPONDENT PARTY IN ARREARS TO COMPLY WITH SUCH ORDER SHALL
 BE RECEIVED OR CONSIDERED BY THE COMMITTEE.
   3. NOTWITHSTANDING ANY INCONSISTENT PROVISION OF THIS  ARTICLE  OR  OF
 ANY  OTHER PROVISION OF LAW TO THE CONTRARY, THE LICENSE OR REGISTRATION
 OF A PERSON SUBJECT TO THE PROVISIONS OF THIS ARTICLE AND/OR SUBJECT  TO
 THE  PROVISIONS  OF  TITLE TWO-A OF ARTICLE TWO OF THIS CHAPTER SHALL BE
 SUSPENDED IF, AT THE HEARING PROVIDED FOR BY  SUBDIVISION  TWO  OF  THIS
 SECTION, THE LICENSEE OR REGISTRANT FAILS TO PRESENT PROOF OF PAYMENT AS
 REQUIRED BY SUCH SUBDIVISION. SUCH SUSPENSION SHALL NOT BE LIFTED UNLESS
 S. 4007--A                         265                        A. 3007--A
 
 THE COURT OR THE SUPPORT COLLECTION UNIT, WHERE THE COURT ORDER IS PAYA-
 BLE  TO THE SUPPORT COLLECTION UNIT DESIGNATED BY THE APPROPRIATE SOCIAL
 SERVICES DISTRICT, ISSUES NOTICE TO THE REGENTS  REVIEW  COMMITTEE  THAT
 FULL  PAYMENT  OF ALL ARREARS OF SUPPORT ESTABLISHED BY THE ORDER OF THE
 COURT TO BE DUE HAVE BEEN PAID.
   4. THE DEPARTMENT SHALL INFORM THE COURT OF ALL  ACTIONS  TAKEN  HERE-
 UNDER AS REQUIRED BY LAW.
   5.  THIS  SECTION  SHALL APPLY TO SUPPORT OBLIGATIONS PAID PURSUANT TO
 ANY ORDER OF CHILD SUPPORT OR CHILD AND  SPOUSAL  SUPPORT  ISSUED  UNDER
 PROVISIONS OF SECTION TWO HUNDRED THIRTY-SIX OR TWO HUNDRED FORTY OF THE
 DOMESTIC  RELATIONS  LAW,  OR ARTICLE FOUR, FIVE OR FIVE-A OF THE FAMILY
 COURT ACT.
   6. NOTWITHSTANDING ANY INCONSISTENT PROVISION OF THIS  ARTICLE  OR  OF
 ANY  OTHER  PROVISION  OF  LAW  TO  THE CONTRARY, THE PROVISIONS OF THIS
 SECTION SHALL APPLY TO THE EXCLUSION OF ANY OTHER REQUIREMENTS  OF  THIS
 ARTICLE  AND  TO  THE  EXCLUSION  OF ANY OTHER REQUIREMENT OF LAW TO THE
 CONTRARY.
   § 6509-C. ADDITIONAL DEFINITION OF PROFESSIONAL MISCONDUCT; FAILURE TO
 COMPLY IN PATERNITY OR CHILD SUPPORT PROCEEDINGS;  LIMITED  APPLICATION.
 1.  THE  PROVISIONS OF THIS SECTION SHALL APPLY IN ALL CASES OF LICENSEE
 OR REGISTRANT FAILURE AFTER RECEIVING APPROPRIATE NOTICE, TO COMPLY WITH
 A SUMMONS, SUBPOENA OR WARRANT RELATING TO A PATERNITY OR CHILD  SUPPORT
 PROCEEDING  REFERRED  TO  THE  DEPARTMENT  BY  A  COURT  PURSUANT TO THE
 REQUIREMENTS  OF  SECTION  TWO  HUNDRED  FORTY-FOUR-C  OF  THE  DOMESTIC
 RELATIONS  LAW OR PURSUANT TO SECTION FOUR HUNDRED FIFTY-EIGHT-B OR FIVE
 HUNDRED FORTY-EIGHT-B OF THE FAMILY COURT ACT.
   2. UPON RECEIPT OF AN ORDER FROM THE COURT  PURSUANT  TO  ONE  OF  THE
 FOREGOING  PROVISIONS OF LAW, THE DEPARTMENT, IF IT FINDS SUCH PERSON TO
 BE SO LICENSED OR REGISTERED, SHALL WITHIN THIRTY  DAYS  OF  RECEIPT  OF
 SUCH  ORDER FROM THE COURT, PROVIDE NOTICE TO THE LICENSEE OR REGISTRANT
 THAT HIS OR HER LICENSE OR REGISTRATION SHALL BE SUSPENDED IN SIXTY DAYS
 UNLESS THE CONDITIONS AS SET FORTH IN SUBDIVISION THREE OF THIS  SECTION
 ARE MET.
   3.  NOTWITHSTANDING  ANY  INCONSISTENT PROVISION OF THIS ARTICLE OR OF
 ANY OTHER PROVISION OF LAW TO THE CONTRARY, THE LICENSE OR  REGISTRATION
 OF  A PERSON SUBJECT TO THE PROVISIONS OF THIS ARTICLE AND/OR SUBJECT TO
 THE PROVISIONS OF TITLE TWO-A OF ARTICLE TWO OF THIS  CHAPTER  SHALL  BE
 SUSPENDED  UNLESS  THE COURT TERMINATES ITS ORDER TO COMMENCE SUSPENSION
 PROCEEDINGS. SUCH SUSPENSION SHALL NOT BE LIFTED UNLESS THE COURT ISSUES
 AN ORDER TO THE DEPARTMENT TERMINATING ITS ORDER TO COMMENCE  SUSPENSION
 PROCEEDINGS.
   4.  THE  DEPARTMENT  SHALL INFORM THE COURT OF ALL ACTIONS TAKEN HERE-
 UNDER AS REQUIRED BY LAW.
   5. THIS SECTION APPLIES TO  PATERNITY  OR  CHILD  SUPPORT  PROCEEDINGS
 COMMENCED  UNDER,  AND SUPPORT OBLIGATIONS PAID PURSUANT TO ANY ORDER OF
 CHILD SUPPORT OR CHILD AND SPOUSAL SUPPORT ISSUED  UNDER  PROVISIONS  OF
 SECTION  TWO  HUNDRED  THIRTY-SIX  OR  TWO HUNDRED FORTY OF THE DOMESTIC
 RELATIONS LAW, OR ARTICLE FOUR, FIVE, FIVE-A OR  FIVE-B  OF  THE  FAMILY
 COURT ACT.
   6.  NOTWITHSTANDING  ANY  INCONSISTENT PROVISION OF THIS ARTICLE OR OF
 ANY OTHER PROVISION OF LAW TO  THE  CONTRARY,  THE  PROVISIONS  OF  THIS
 SECTION  SHALL  APPLY TO THE EXCLUSION OF ANY OTHER REQUIREMENTS OF THIS
 ARTICLE AND TO THE EXCLUSION OF ANY OTHER  REQUIREMENT  OF  LAW  TO  THE
 CONTRARY.
   §  6509-D.  LIMITED  EXEMPTION FROM PROFESSIONAL MISCONDUCT.  NOTWITH-
 STANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY,  IT  SHALL  NOT  BE
 S. 4007--A                         266                        A. 3007--A
 
 CONSIDERED  PROFESSIONAL  MISCONDUCT  PURSUANT  TO THIS SUBTITLE FOR ANY
 PERSON WHO IS LICENSED UNDER THIS CHAPTER AND  WHO  WOULD  OTHERWISE  BE
 PROHIBITED FROM PRESCRIBING OR ADMINISTERING DRUGS PURSUANT TO THE TITLE
 THAT LICENSES SUCH INDIVIDUAL, TO ADMINISTER AN OPIOID ANTAGONIST IN THE
 EVENT OF AN EMERGENCY.
   §  6509-E.  ADDITIONAL  DEFINITION  OF PROFESSIONAL MISCONDUCT; MENTAL
 HEALTH PROFESSIONALS.
   1. FOR THE PURPOSES OF THIS SECTION:
   A.  "MENTAL  HEALTH  PROFESSIONAL"  MEANS  A  PERSON  SUBJECT  TO  THE
 PROVISIONS OF TITLE SEVENTEEN, EIGHTEEN, OR TWENTY-FIVE OF THIS ARTICLE;
 OR  ANY OTHER PERSON DESIGNATED AS A MENTAL HEALTH PROFESSIONAL PURSUANT
 TO LAW, RULE OR REGULATION.
   B. "SEXUAL ORIENTATION CHANGE EFFORTS" (I) MEANS  ANY  PRACTICE  BY  A
 MENTAL  HEALTH  PROFESSIONAL THAT SEEKS TO CHANGE AN INDIVIDUAL'S SEXUAL
 ORIENTATION, INCLUDING, BUT NOT LIMITED TO, EFFORTS TO CHANGE BEHAVIORS,
 GENDER IDENTITY, OR GENDER EXPRESSIONS, OR TO ELIMINATE OR REDUCE SEXUAL
 OR ROMANTIC ATTRACTIONS OR FEELINGS TOWARDS INDIVIDUALS OF THE SAME  SEX
 AND (II) SHALL NOT INCLUDE COUNSELING FOR A PERSON SEEKING TO TRANSITION
 FROM ONE GENDER TO ANOTHER, OR PSYCHOTHERAPIES THAT: (A) PROVIDE ACCEPT-
 ANCE,  SUPPORT  AND  UNDERSTANDING  OF  PATIENTS  OR THE FACILITATION OF
 PATIENTS' COPING, SOCIAL SUPPORT AND IDENTITY EXPLORATION  AND  DEVELOP-
 MENT,  INCLUDING  SEXUAL ORIENTATION-NEUTRAL INTERVENTIONS TO PREVENT OR
 ADDRESS UNLAWFUL CONDUCT OR UNSAFE SEXUAL PRACTICES; AND (B) DO NOT SEEK
 TO CHANGE SEXUAL ORIENTATION.
   2. IT SHALL BE PROFESSIONAL MISCONDUCT FOR  A  MENTAL  HEALTH  PROFES-
 SIONAL  TO  ENGAGE IN SEXUAL ORIENTATION CHANGE EFFORTS UPON ANY PATIENT
 UNDER THE AGE OF EIGHTEEN YEARS,  AND  ANY  MENTAL  HEALTH  PROFESSIONAL
 FOUND  GUILTY  OF  SUCH  MISCONDUCT  UNDER  THE PROCEDURES PRESCRIBED IN
 SECTION SIXTY-FIVE HUNDRED TEN OF THIS SUBTITLE SHALL BE SUBJECT TO  THE
 PENALTIES PRESCRIBED IN SECTION SIXTY-FIVE HUNDRED ELEVEN OF THIS SUBTI-
 TLE.
   §  6510.  PROCEEDINGS IN CASES OF PROFESSIONAL MISCONDUCT. IN CASES OF
 PROFESSIONAL MISCONDUCT THE PROCEEDINGS SHALL BE AS FOLLOWS:
   1. PRELIMINARY PROCEDURES.
   A. COMPLAINT. A COMPLAINT OF A LICENSEE'S PROFESSIONAL MISCONDUCT  MAY
 BE MADE BY ANY PERSON TO THE EDUCATION DEPARTMENT.
   B.  INVESTIGATION.  THE  DEPARTMENT  SHALL  INVESTIGATE EACH COMPLAINT
 WHICH ALLEGES CONDUCT CONSTITUTING PROFESSIONAL MISCONDUCT. THE  RESULTS
 OF THE INVESTIGATION SHALL BE REFERRED TO THE PROFESSIONAL CONDUCT OFFI-
 CER  DESIGNATED BY THE DEPARTMENT PURSUANT TO SECTION SIXTY-FIVE HUNDRED
 SIX OF THIS SUBTITLE. IF SUCH OFFICER DECIDES THAT THERE IS NOT SUBSTAN-
 TIAL EVIDENCE OF PROFESSIONAL MISCONDUCT OR THAT FURTHER PROCEEDINGS ARE
 NOT WARRANTED, NO FURTHER ACTION SHALL BE TAKEN. IF SUCH OFFICER,  AFTER
 CONSULTATION  WITH  A  PROFESSIONAL MEMBER OF THE APPLICABLE STATE BOARD
 FOR THE PROFESSION, DETERMINES THAT THERE  IS  SUBSTANTIAL  EVIDENCE  OF
 PROFESSIONAL  MISCONDUCT,  AND  THAT  FURTHER PROCEEDINGS ARE WARRANTED,
 SUCH PROCEEDINGS SHALL BE CONDUCTED PURSUANT TO THIS SECTION.    IF  THE
 COMPLAINT INVOLVES A QUESTION OF PROFESSIONAL EXPERTISE, THEN SUCH OFFI-
 CER  MAY  SEEK,  AND IF SO SHALL OBTAIN, THE CONCURRENCE OF AT LEAST TWO
 MEMBERS OF A PANEL OF THREE MEMBERS OF THE APPLICABLE BOARD. THE DEPART-
 MENT SHALL CAUSE A PRELIMINARY  REVIEW  OF  EVERY  REPORT  MADE  TO  THE
 DEPARTMENT  PURSUANT  TO  SECTION  TWENTY-EIGHT  HUNDRED THREE-E OF THIS
 CHAPTER, AS ADDED BY CHAPTER EIGHT HUNDRED  SIXTY-SIX  OF  THE  LAWS  OF
 NINETEEN HUNDRED EIGHTY, SECTION FORTY-FOUR HUNDRED FIVE-B OF THIS CHAP-
 TER AND SECTION THREE HUNDRED FIFTEEN OF THE INSURANCE LAW, TO DETERMINE
 S. 4007--A                         267                        A. 3007--A
 
 IF  SUCH REPORT REASONABLY APPEARS TO REFLECT CONDUCT WARRANTING FURTHER
 INVESTIGATION PURSUANT TO THIS SUBDIVISION.
   C.  CHARGES.  IN  ALL DISCIPLINARY PROCEEDINGS OTHER THAN THOSE TERMI-
 NATED BY AN ADMINISTRATIVE WARNING PURSUANT TO PARAGRAPH A  OF  SUBDIVI-
 SION  TWO OF THIS SECTION, THE DEPARTMENT SHALL PREPARE THE CHARGES. THE
 CHARGES SHALL STATE THE ALLEGED PROFESSIONAL MISCONDUCT AND SHALL  STATE
 CONCISELY  THE  MATERIAL FACTS BUT NOT THE EVIDENCE BY WHICH THE CHARGES
 ARE TO BE PROVED.
   D. RECORDS AND REPORTS AS  PUBLIC  INFORMATION.  IN  ALL  DISCIPLINARY
 PROCEEDINGS BROUGHT PURSUANT TO THIS SECTION OR IN ANY VOLUNTARY SETTLE-
 MENT OF A COMPLAINT BETWEEN THE LICENSEE AND THE DEPARTMENT, THE DEPART-
 MENT SHALL NOTIFY THE LICENSEE IN WRITING THAT THE RECORD AND REPORTS OF
 SUCH  DISCIPLINARY  PROCEEDING  OR OF SUCH VOLUNTARY SETTLEMENT SHALL BE
 CONSIDERED MATTERS OF PUBLIC INFORMATION UNLESS SPECIFICALLY EXCEPTED IN
 THIS TITLE, OR IN ANY OTHER LAW OR APPLICABLE RULE OR REGULATION.
   E. SERVICE OF CHARGES AND NOTICE OF  HEARING.  IN  ORDER  TO  COMMENCE
 DISCIPLINARY  PROCEEDINGS  UNDER  THIS ARTICLE, SERVICE OF A COPY OF THE
 CHARGES AND NOTICE OF HEARING MUST BE COMPLETED TWENTY DAYS  BEFORE  THE
 DATE OF THE HEARING IF BY PERSONAL DELIVERY, AND MUST BE COMPLETED TWEN-
 TY-FIVE DAYS BEFORE THE DATE OF THE HEARING IF BY ANY OTHER METHOD.
   F.  SERVICE OF CHARGES AND OF NOTICE OF HEARING UPON A NATURAL PERSON.
 PERSONAL SERVICE OF THE CHARGES AND NOTICE OF ANY  HEARING  PURSUANT  TO
 SUBDIVISION  TWO OR THREE OF THIS SECTION UPON A NATURAL PERSON SHALL BE
 MADE BY ANY OF THE FOLLOWING METHODS:
   (I) BY DELIVERY WITHIN THE STATE TO THE PERSON TO BE SERVED;
   (II) BY DELIVERY WITHIN THE STATE TO A  PERSON  OF  SUITABLE  AGE  AND
 DISCRETION  AT  THE  ACTUAL  PLACE  OF BUSINESS, DWELLING PLACE OR USUAL
 PLACE OF ABODE OF THE PERSON TO BE SERVED AND EITHER:  (A) BY MAILING BY
 CERTIFIED MAIL, RETURN RECEIPT REQUESTED, TO THE PERSON TO BE SERVED  AT
 HIS  OR  HER  LAST KNOWN RESIDENCE, OR (B) BY MAILING BY CERTIFIED MAIL,
 RETURN RECEIPT REQUESTED, TO THE PERSON TO BE SERVED AT HIS OR HER  LAST
 ADDRESS  ON  FILE WITH THE DIVISION OF LICENSING SERVICES OF THE DEPART-
 MENT IN AN ENVELOPE BEARING  THE  LEGEND  "PERSONAL  AND  CONFIDENTIAL,"
 PROVIDED  THAT,  IN  EITHER  CASE:  SUCH  DELIVERY  AND MAILING SHALL BE
 EFFECTED WITHIN TWENTY DAYS OF EACH  OTHER;  SERVICE  PURSUANT  TO  THIS
 SUBPARAGRAPH  SHALL  BE  COMPLETE TEN DAYS AFTER EITHER THE DELIVERY, OR
 THE MAILING, WHICHEVER IS LATER; AND PROOF OF SERVICE SHALL, AMONG OTHER
 THINGS, IDENTIFY SUCH PERSON OF SUITABLE AGE AND  DISCRETION  AND  STATE
 THE DATE, TIME AND PLACE OF SUCH SERVICE; OR
   (III) WHERE SERVICE UNDER SUBPARAGRAPHS (I) AND (II) OF THIS PARAGRAPH
 CANNOT  BE MADE WITH DUE DILIGENCE, A COPY OF THE CHARGES AND THE NOTICE
 OF HEARING SHALL BE SERVED BY CERTIFIED MAIL, RETURN RECEIPT  REQUESTED,
 TO  THE PERSON'S LAST KNOWN ADDRESS ON FILE WITH THE DIVISION OF LICENS-
 ING SERVICES OF THE DEPARTMENT OR BY AFFIXING THE CHANGES AND THE NOTICE
 OF HEARING TO THE DOOR OF EITHER THE ACTUAL PLACE OF BUSINESS,  DWELLING
 PLACE OR USUAL PLACE OF ABODE OF THE PERSON TO BE SERVED; PROVIDED THAT:
 SERVICE  PURSUANT  TO THIS SUBPARAGRAPH SHALL BE COMPLETE TEN DAYS AFTER
 SUCH MAILING, AND PROOF OF SERVICE  SHALL  SET  FORTH  THE  DEPARTMENT'S
 EFFORTS OF DUE DILIGENCE.
   G.  SERVICE  OF CHARGES AND NOTICE OF HEARING OUTSIDE OF THE STATE.  A
 NATURAL PERSON SUBJECT TO THE JURISDICTION  OF  THE  DEPARTMENT  MAY  BE
 SERVED  WITH  A COPY OF THE CHARGES AND THE NOTICE OF HEARING OUTSIDE OF
 THE STATE IN THE SAME MANNER AS SERVICE IS MADE WITHIN THE STATE, BY ANY
 PERSON AUTHORIZED TO MAKE SERVICE WITHIN THE STATE OF NEW YORK OR BY ANY
 PERSON AUTHORIZED TO MAKE SERVICE BY THE LAWS OF THE  STATE,  TERRITORY,
 S. 4007--A                         268                        A. 3007--A
 
 POSSESSION  OR COUNTRY IN WHICH SERVICE IS MADE OR BY ANY DULY QUALIFIED
 ATTORNEY OR EQUIVALENT IN SUCH JURISDICTION.
   2. EXPEDITED PROCEDURES.
   A. VIOLATIONS. VIOLATIONS INVOLVING PROFESSIONAL MISCONDUCT OF A MINOR
 OR  TECHNICAL NATURE MAY BE RESOLVED BY EXPEDITED PROCEDURES AS PROVIDED
 IN PARAGRAPH B OR C OF THIS SUBDIVISION. FOR PURPOSES OF  THIS  SUBDIVI-
 SION, VIOLATIONS OF A MINOR OR TECHNICAL NATURE SHALL INCLUDE, BUT SHALL
 NOT  BE  LIMITED TO, ISOLATED INSTANCES OF VIOLATIONS CONCERNING PROFES-
 SIONAL ADVERTISING OR RECORD  KEEPING,  AND  OTHER  ISOLATED  VIOLATIONS
 WHICH  DO  NOT  DIRECTLY  AFFECT OR IMPAIR THE PUBLIC HEALTH, WELFARE OR
 SAFETY. THE DEPARTMENT SHALL MAKE RECOMMENDATIONS TO THE LEGISLATURE  ON
 OR BEFORE JUNE FIRST, NINETEEN HUNDRED EIGHTY-ONE, FOR THE FURTHER DEFI-
 NITION  OF  VIOLATIONS  OF  A  MINOR  OR  TECHNICAL  NATURE. THE INITIAL
 INSTANCE OF ANY VIOLATION OF A MINOR OR TECHNICAL NATURE MAY BE RESOLVED
 BY THE ISSUANCE OF AN ADMINISTRATIVE WARNING PURSUANT TO PARAGRAPH B  OF
 THIS  SUBDIVISION. SUBSEQUENT INSTANCES OF SIMILAR VIOLATIONS OF A MINOR
 OR TECHNICAL NATURE WITHIN A PERIOD OF THREE YEARS MAY  BE  RESOLVED  BY
 THE PROCEDURE SET FORTH IN PARAGRAPH C OF THIS SUBDIVISION.
   B.  ADMINISTRATIVE  WARNING.  IF A PROFESSIONAL CONDUCT OFFICER, AFTER
 CONSULTATION WITH A PROFESSIONAL MEMBER OF THE STATE  BOARD,  DETERMINES
 THAT  THERE  IS SUBSTANTIAL EVIDENCE OF PROFESSIONAL MISCONDUCT BUT THAT
 IT IS AN INITIAL VIOLATION OF A MINOR OR TECHNICAL  NATURE  WHICH  WOULD
 NOT  JUSTIFY  THE  IMPOSITION OF A MORE SEVERE DISCIPLINARY PENALTY, THE
 MATTER MAY BE TERMINATED BY THE ISSUANCE OF AN  ADMINISTRATIVE  WARNING.
 SUCH  WARNINGS SHALL BE CONFIDENTIAL AND SHALL NOT CONSTITUTE AN ADJUDI-
 CATION OF GUILT OR BE USED AS EVIDENCE THAT THE LICENSEE  IS  GUILTY  OF
 THE ALLEGED MISCONDUCT. HOWEVER, IN THE EVENT OF A FURTHER ALLEGATION OF
 SIMILAR  MISCONDUCT BY THE SAME LICENSEE, THE MATTER MAY BE REOPENED AND
 FURTHER PROCEEDINGS INSTITUTED AS PROVIDED IN THIS SECTION.
   C. DETERMINATION OF PENALTY ON  UNCONTESTED  MINOR  VIOLATIONS.  IF  A
 PROFESSIONAL  CONDUCT  OFFICER,  AFTER  CONSULTATION WITH A PROFESSIONAL
 MEMBER OF THE STATE BOARD, DETERMINES THAT THERE IS SUBSTANTIAL EVIDENCE
 OF A VIOLATION OF A MINOR OR TECHNICAL NATURE, AND OF A NATURE  JUSTIFY-
 ING A PENALTY AS SPECIFIED IN THIS PARAGRAPH, THE DEPARTMENT MAY PREPARE
 AND  SERVE  CHARGES  EITHER  BY  PERSONAL  SERVICE OR BY CERTIFIED MAIL,
 RETURN RECEIPT REQUESTED. SUCH CHARGES SHALL INCLUDE  A  STATEMENT  THAT
 UNLESS AN ANSWER IS RECEIVED WITHIN TWENTY DAYS DENYING THE CHARGES, THE
 MATTER  SHALL  BE  REFERRED  TO  A VIOLATIONS COMMITTEE CONSISTING OF AT
 LEAST THREE MEMBERS OF THE STATE BOARD FOR THE PROFESSION, AT LEAST  ONE
 OF  WHOM  SHALL  BE  A  PUBLIC  REPRESENTATIVE,  FOR  DETERMINATION. THE
 VIOLATIONS PANEL SHALL BE APPOINTED BY THE EXECUTIVE  SECRETARY  OF  THE
 STATE BOARD. THE LICENSEE SHALL BE GIVEN AT LEAST FIFTEEN DAYS NOTICE OF
 THE  TIME AND PLACE OF THE MEETING OF THE VIOLATIONS COMMITTEE AND SHALL
 HAVE THE RIGHT TO APPEAR IN PERSON AND BY AN  ATTORNEY  AND  TO  MAKE  A
 STATEMENT  TO  THE COMMITTEE IN MITIGATION OR EXPLANATION OF THE MISCON-
 DUCT. THE DEPARTMENT MAY APPEAR AND MAKE A STATEMENT IN SUPPORT  OF  ITS
 POSITION.  THE  VIOLATIONS  COMMITTEE MAY ISSUE A CENSURE AND REPRIMAND,
 AND IN ADDITION, OR IN THE ALTERNATIVE, MAY IMPOSE A FINE NOT TO  EXCEED
 FIVE  HUNDRED  DOLLARS  FOR  EACH  SPECIFICATION  OF MINOR, OR TECHNICAL
 MISCONDUCT. IF THE FINE IS NOT PAID WITHIN THREE MONTHS THE  MATTER  MAY
 BE  REOPENED  AND  SHALL  BE SUBJECT TO THE HEARING AND REGENTS DECISION
 PROCEDURES OF THIS SECTION. THE DETERMINATION  OF  THE  PANEL  SHALL  BE
 FINAL  AND  SHALL  NOT  BE SUBJECT TO THE REGENTS DECISION PROCEDURES OF
 THIS SECTION. IF AN ANSWER IS FILED  DENYING  THE  CHARGES,  THE  MATTER
 SHALL BE PROCESSED AS PROVIDED IN SUBDIVISION THREE OF THIS SECTION.
 S. 4007--A                         269                        A. 3007--A
 
   D.  CONVICTIONS  OF  CRIMES  OR ADMINISTRATIVE VIOLATIONS. IN CASES OF
 PROFESSIONAL MISCONDUCT BASED SOLELY UPON  A  VIOLATION  OF  SUBDIVISION
 FIVE  OF  SECTION  SIXTY-FIVE HUNDRED NINE OF THIS SUBTITLE, THE PROFES-
 SIONAL CONDUCT OFFICER MAY PREPARE AND SERVE THE CHARGES AND  MAY  REFER
 THE  MATTER  DIRECTLY  TO  A REGENTS REVIEW COMMITTEE FOR ITS REVIEW AND
 REPORT OF ITS FINDINGS, DETERMINATION AS TO GUILT, AND RECOMMENDATION AS
 TO THE MEASURE OF DISCIPLINE TO BE IMPOSED. IN SUCH CASES THE NOTICE  OF
 HEARING  SHALL  STATE THAT THE LICENSEE MAY FILE A WRITTEN ANSWER, BRIEF
 AND AFFIDAVITS; THAT THE  LICENSEE  MAY  APPEAR  PERSONALLY  BEFORE  THE
 REGENTS  REVIEW COMMITTEE, MAY BE REPRESENTED BY COUNSEL AND MAY PRESENT
 EVIDENCE OR SWORN TESTIMONY ON BEHALF OF THE LICENSEE,  AND  THE  NOTICE
 MAY  CONTAIN  SUCH OTHER INFORMATION AS MAY BE CONSIDERED APPROPRIATE BY
 THE DEPARTMENT. THE DEPARTMENT MAY ALSO PRESENT EVIDENCE OR SWORN TESTI-
 MONY AT THE HEARING. A STENOGRAPHIC RECORD OF THE HEARING SHALL BE MADE.
 SUCH EVIDENCE OR SWORN TESTIMONY OFFERED AT THE MEETING OF  THE  REGENTS
 REVIEW  COMMITTEE SHALL BE LIMITED TO EVIDENCE AND TESTIMONY RELATING TO
 THE NATURE AND SEVERITY OF THE PENALTY TO BE IMPOSED UPON THE  LICENSEE.
 THE  PRESIDING  OFFICER  AT  THE MEETING OF THE REGENTS REVIEW COMMITTEE
 MAY, IN HIS OR HER DISCRETION, REASONABLY LIMIT THE NUMBER OF  WITNESSES
 WHOSE TESTIMONY WILL BE RECEIVED AND THE LENGTH OF TIME ANY WITNESS WILL
 BE  PERMITTED TO TESTIFY. IN LIEU OF REFERRING THE MATTER TO THE DEPART-
 MENT, THE REGENTS REVIEW COMMITTEE MAY REFER ANY SUCH MATTER FOR FURTHER
 PROCEEDINGS PURSUANT TO PARAGRAPH B OR C OF THIS SUBDIVISION OR SUBDIVI-
 SION THREE OF THIS SECTION.
   3. ADVERSARY PROCEEDINGS. CONTESTED DISCIPLINARY PROCEEDINGS AND OTHER
 DISCIPLINARY PROCEEDINGS NOT RESOLVED PURSUANT  TO  SUBDIVISION  TWO  OF
 THIS  SECTION  SHALL  BE TRIED BEFORE A HEARING PANEL OF THE APPROPRIATE
 STATE BOARD AS PROVIDED IN THIS SUBDIVISION.
   A. NOTICE OF HEARING. THE DEPARTMENT SHALL SET THE TIME AND  PLACE  OF
 THE HEARING AND SHALL PREPARE THE NOTICE OF HEARING. THE NOTICE OF HEAR-
 ING  SHALL  STATE  (I)  THE TIME AND PLACE OF THE HEARING, (II) THAT THE
 LICENSEE MAY FILE A WRITTEN ANSWER TO THE CHARGES PRIOR TO THE  HEARING,
 (III)  THAT THE LICENSEE MAY APPEAR PERSONALLY AT THE HEARING AND MAY BE
 REPRESENTED BY COUNSEL, (IV) THAT THE LICENSEE SHALL HAVE THE  RIGHT  TO
 PRODUCE WITNESSES AND EVIDENCE IN HIS BEHALF, TO CROSS-EXAMINE WITNESSES
 AND  EXAMINE  EVIDENCE  PRODUCED  AGAINST HIM, AND TO ISSUE SUBPOENAS IN
 ACCORDANCE WITH THE PROVISIONS OF THE CIVIL PRACTICE LAW AND RULES,  (V)
 THAT  A  STENOGRAPHIC  RECORD OF THE HEARING WILL BE MADE, AND (VI) SUCH
 OTHER INFORMATION AS MAY BE CONSIDERED APPROPRIATE BY THE DEPARTMENT.
   B. HEARING PANEL. THE HEARING SHALL BE CONDUCTED BY A PANEL  OF  THREE
 OR MORE MEMBERS, AT LEAST TWO OF WHOM SHALL BE MEMBERS OF THE APPLICABLE
 STATE  BOARD  FOR  THE  PROFESSION,  AND AT LEAST ONE OF WHOM SHALL BE A
 PUBLIC REPRESENTATIVE WHO IS A MEMBER OF THE APPLICABLE STATE  BOARD  OR
 OF  THE  STATE  BOARD  FOR  ANOTHER PROFESSION LICENSED PURSUANT TO THIS
 ARTICLE. THE EXECUTIVE SECRETARY FOR THE APPLICABLE  STATE  BOARD  SHALL
 APPOINT  THE  PANEL  AND  SHALL  DESIGNATE  ITS  CHAIRPERSON.  AFTER THE
 COMMENCEMENT OF A HEARING, NO PANEL MEMBER SHALL BE REPLACED. A DETERMI-
 NATION BY THE ADMINISTRATIVE OFFICER OF A NEED TO DISQUALIFY  OR  REMOVE
 ANY  PANEL  MEMBER WILL RESULT IN THE DISQUALIFICATION OR REMOVAL OF THE
 PANEL AND CAUSE A NEW PANEL TO BE APPOINTED. IN ADDITION TO  SAID  PANEL
 MEMBERS,  THE  DEPARTMENT  SHALL  DESIGNATE  AN  ADMINISTRATIVE OFFICER,
 ADMITTED TO PRACTICE AS AN ATTORNEY IN THE STATE OF NEW YORK, WHO  SHALL
 HAVE  THE  AUTHORITY  TO RULE ON ALL MOTIONS, PROCEDURES AND OTHER LEGAL
 OBJECTIONS AND SHALL DRAFT A REPORT FOR THE HEARING PANEL WHICH SHALL BE
 SUBJECT TO THE APPROVAL OF AND SIGNATURE BY  THE  PANEL  CHAIRPERSON  ON
 S. 4007--A                         270                        A. 3007--A
 
 BEHALF OF THE PANEL. THE ADMINISTRATIVE OFFICER SHALL NOT BE ENTITLED TO
 A VOTE.
   C. CONDUCT OF HEARING. THE EVIDENCE IN SUPPORT OF THE CHARGES SHALL BE
 PRESENTED BY AN ATTORNEY FOR THE DEPARTMENT. THE LICENSEE SHALL HAVE THE
 RIGHTS  REQUIRED  TO BE STATED IN THE NOTICE OF HEARING. THE PANEL SHALL
 NOT BE BOUND BY THE RULES OF EVIDENCE, BUT ITS  DETERMINATION  OF  GUILT
 SHALL  BE  BASED ON A PREPONDERANCE OF THE EVIDENCE. A HEARING WHICH HAS
 BEEN INITIATED SHALL NOT BE DISCONTINUED BECAUSE OF THE DEATH  OR  INCA-
 PACITY TO SERVE OF ONE MEMBER OF THE HEARING PANEL.
   D. RESULTS OF HEARING. THE HEARING PANEL SHALL RENDER A WRITTEN REPORT
 WHICH SHALL INCLUDE (I) FINDINGS OF FACT, (II) A DETERMINATION OF GUILTY
 OR  NOT GUILTY ON EACH CHARGE, AND (III) IN THE EVENT OF A DETERMINATION
 OF GUILTY, A RECOMMENDATION OF THE PENALTY TO BE IMPOSED. FOR THE  PANEL
 TO  MAKE  A  DETERMINATION  OF  GUILTY,  A  MINIMUM OF TWO OF THE VOTING
 MEMBERS OF THE PANEL MUST VOTE FOR SUCH A DETERMINATION. A COPY  OF  THE
 REPORT OF THE HEARING PANEL SHALL BE TRANSMITTED TO THE LICENSEE.
   4. REGENTS DECISION PROCEDURES.
   A.  REGENTS REVIEW COMMITTEE. THE TRANSCRIPT AND REPORT OF THE HEARING
 PANEL SHALL BE REVIEWED AT A  MEETING  BY  A  REGENTS  REVIEW  COMMITTEE
 APPOINTED  BY THE DEPARTMENT. THE REGENTS REVIEW COMMITTEE SHALL CONSIST
 OF THREE MEMBERS, AT LEAST ONE OF WHOM SHALL BE  A  REGENT  PURSUANT  TO
 SECTION TWO HUNDRED TWO OF THE EDUCATION LAW.
   B. REGENTS REVIEW COMMITTEE MEETINGS. THE REVIEW SHALL BE BASED ON THE
 TRANSCRIPT  AND THE REPORT OF THE HEARING PANEL. THE LICENSEE MAY APPEAR
 AT THE MEETING, AND THE REGENTS REVIEW COMMITTEE MAY REQUIRE THE  LICEN-
 SEE  TO  APPEAR. THE LICENSEE MAY BE REPRESENTED BY COUNSEL. THE DEPART-
 MENT SHALL NOTIFY THE LICENSEE AT LEAST SEVEN DAYS  BEFORE  THE  MEETING
 (I)  OF  THE TIME AND PLACE OF THE MEETING, (II) OF HIS RIGHT TO APPEAR,
 (III) OF HIS OR HER RIGHT TO BE REPRESENTED BY COUNSEL, (IV) WHETHER  OR
 NOT  HE  OR SHE IS REQUIRED TO APPEAR, AND (V) OF SUCH OTHER INFORMATION
 AS MAY BE CONSIDERED APPROPRIATE. AFTER THE MEETING, THE REGENTS  REVIEW
 COMMITTEE  SHALL  TRANSMIT A WRITTEN REPORT OF ITS REVIEW TO THE DEPART-
 MENT. IN CASES REFERRED DIRECTLY TO THE REGENTS REVIEW COMMITTEE  PURSU-
 ANT  TO PARAGRAPH D OF SUBDIVISION TWO OF THIS SECTION, THE REVIEW SHALL
 BE BASED UPON THE CHARGES, THE DOCUMENTARY  EVIDENCE  SUBMITTED  BY  THE
 DEPARTMENT,  ANY  ANSWER,  AFFIDAVITS  OR BRIEF THE LICENSEE MAY WISH TO
 SUBMIT, AND ANY EVIDENCE OR SWORN TESTIMONY PRESENTED BY THE LICENSEE OR
 THE DEPARTMENT AT THE HEARING, PURSUANT TO THE PROCEDURES  DESCRIBED  BY
 PARAGRAPH D OF SUBDIVISION TWO OF THIS SECTION.
   C.  REGENTS  DECISION AND ORDER. THE DEPARTMENT (I) SHALL CONSIDER THE
 TRANSCRIPT, THE REPORT OF THE HEARING  PANEL,  AND  THE  REPORT  OF  THE
 REGENTS  REVIEW  COMMITTEE,  (II)  SHALL  DECIDE WHETHER THE LICENSEE IS
 GUILTY OR NOT GUILTY ON EACH CHARGE, (III) SHALL DECIDE WHAT  PENALTIES,
 IF  ANY, TO IMPOSE AS PRESCRIBED IN SECTION SIXTY-FIVE HUNDRED ELEVEN OF
 THIS SUBTITLE, AND (IV) SHALL ISSUE AN ORDER TO CARRY OUT ITS DECISIONS.
 SUCH DECISIONS SHALL REQUIRE THE AFFIRMATIVE VOTE OF A MAJORITY  OF  THE
 MEMBERS  OF THE DEPARTMENT. IF THE DEPARTMENT DISAGREES WITH THE HEARING
 PANEL'S DETERMINATION OF NOT GUILTY, IT SHALL REMAND THE MATTER  TO  THE
 ORIGINAL  PANEL FOR RECONSIDERATION OR TO A NEW PANEL FOR A NEW HEARING.
 THE PANEL'S DETERMINATION OF NOT GUILTY  ON  RECONSIDERATION  OR  A  NEW
 HEARING  SHALL  BE  FINAL.  THE  ORDER SHALL BE SERVED UPON THE LICENSEE
 PERSONALLY OR BY CERTIFIED MAIL TO THE LICENSEE'S LAST KNOWN ADDRESS AND
 SUCH SERVICE SHALL BE EFFECTIVE AS OF THE DATE OF THE  PERSONAL  SERVICE
 OR FIVE DAYS AFTER MAILING BY CERTIFIED MAIL. THE LICENSEE SHALL DELIVER
 TO  THE  DEPARTMENT  THE  LICENSE AND REGISTRATION CERTIFICATE WHICH HAS
 BEEN REVOKED, ANNULLED, SUSPENDED, OR SURRENDERED WITHIN FIVE DAYS AFTER
 S. 4007--A                         271                        A. 3007--A
 
 THE EFFECTIVE DATE OF THE SERVICE OF THE ORDER. IF THE LICENSE OR REGIS-
 TRATION CERTIFICATE IS LOST, MISPLACED OR ITS WHEREABOUTS  IS  OTHERWISE
 UNKNOWN,  THE  LICENSEE  SHALL  SUBMIT  AN AFFIDAVIT TO THAT EFFECT, AND
 SHALL  DELIVER  SUCH  LICENSE  OR  CERTIFICATE  TO  THE  DEPARTMENT WHEN
 LOCATED.
   5. COURT REVIEW PROCEDURES. THE DECISIONS OF  THE  DEPARTMENT  MAY  BE
 REVIEWED  PURSUANT TO THE PROCEEDINGS UNDER ARTICLE SEVENTY-EIGHT OF THE
 CIVIL PRACTICE LAW AND  RULES.  SUCH  PROCEEDINGS  SHALL  BE  RETURNABLE
 BEFORE THE APPELLATE DIVISION OF THE THIRD JUDICIAL DEPARTMENT, AND SUCH
 DECISIONS  SHALL  NOT  BE  STAYED OR ENJOINED EXCEPT UPON APPLICATION TO
 SUCH APPELLATE DIVISION AFTER NOTICE TO THE DEPARTMENT AND TO THE ATTOR-
 NEY GENERAL AND UPON A SHOWING THAT THE  PETITIONER  HAS  A  SUBSTANTIAL
 LIKELIHOOD OF SUCCESS.
   5-A.  AT  ANY  TIME, IF THE PROFESSIONAL CONDUCT OFFICER OR HIS OR HER
 DESIGNEE DESIGNATED TO INVESTIGATE A COMPLAINT OF  PROFESSIONAL  MISCON-
 DUCT  OF  A LICENSED HEALTH CARE PROVIDER OR LICENSED MENTAL HEALTH CARE
 PROVIDER DETERMINES THAT THERE IS A REASONABLE BELIEF THAT AN  ACT  THAT
 CONSTITUTES  A  SEX  OFFENSE  IDENTIFIED IN PARAGRAPH (H) OF SUBDIVISION
 THREE OF SECTION 130.05 OF THE PENAL  LAW  HAS  BEEN  COMMITTED  BY  THE
 LICENSEE AGAINST A CLIENT OR PATIENT DURING A TREATMENT SESSION, CONSUL-
 TATION,  INTERVIEW,  OR EXAMINATION, THE PROFESSIONAL CONDUCT OFFICER OR
 THE OFFICE OF PROFESSIONAL DISCIPLINE SHALL NOTIFY THE  APPROPRIATE  LAW
 ENFORCEMENT OFFICIAL OR AUTHORITY.
   6.  THE  PROVISIONS  OF  SUBDIVISIONS ONE, TWO, THREE AND FOUR OF THIS
 SECTION SHALL NOT BE APPLICABLE TO PROCEEDINGS IN CASES OF  PROFESSIONAL
 MISCONDUCT INVOLVING THE MEDICAL PROFESSION, EXCEPT AS PROVIDED IN PARA-
 GRAPH (M) OF SUBDIVISION TEN OF SECTION TWO HUNDRED THIRTY OF THIS CHAP-
 TER.
   7.  NOTWITHSTANDING ANY OTHER PROVISION OF LAW, PERSONS WHO ASSIST THE
 DEPARTMENT AS CONSULTANTS OR EXPERT WITNESSES IN  THE  INVESTIGATION  OR
 PROSECUTION  OF  ALLEGED  PROFESSIONAL  MISCONDUCT,  LICENSURE  MATTERS,
 RESTORATION PROCEEDINGS, OR CRIMINAL PROSECUTIONS FOR UNAUTHORIZED PRAC-
 TICE, SHALL NOT BE LIABLE FOR DAMAGES IN ANY CIVIL ACTION OR  PROCEEDING
 AS  A RESULT OF SUCH ASSISTANCE, EXCEPT UPON PROOF OF ACTUAL MALICE. THE
 ATTORNEY GENERAL SHALL  DEFEND  SUCH  PERSONS  IN  ANY  SUCH  ACTION  OR
 PROCEEDING,  IN ACCORDANCE WITH SECTION SEVENTEEN OF THE PUBLIC OFFICERS
 LAW.
   8. THE FILES OF THE DEPARTMENT RELATING TO THE INVESTIGATION OF POSSI-
 BLE INSTANCES OF PROFESSIONAL MISCONDUCT, OR THE  UNLAWFUL  PRACTICE  OF
 ANY  PROFESSION  LICENSED  BY  THE  DEPARTMENT, OR THE UNLAWFUL USE OF A
 PROFESSIONAL TITLE OR THE MORAL FITNESS OF AN APPLICANT  FOR  A  PROFES-
 SIONAL  LICENSE  OR  PERMIT,  SHALL  BE  CONFIDENTIAL AND NOT SUBJECT TO
 DISCLOSURE AT THE REQUEST OF ANY PERSON, EXCEPT  UPON  THE  ORDER  OF  A
 COURT  IN A PENDING ACTION OR PROCEEDING.  THE PROVISIONS OF THIS SUBDI-
 VISION SHALL NOT APPLY TO DOCUMENTS INTRODUCED IN EVIDENCE AT A  HEARING
 HELD  PURSUANT TO THIS CHAPTER AND SHALL NOT PREVENT THE DEPARTMENT FROM
 SHARING INFORMATION CONCERNING INVESTIGATIONS WITH OTHER DULY AUTHORIZED
 PUBLIC AGENCIES RESPONSIBLE  FOR  PROFESSIONAL  REGULATION  OR  CRIMINAL
 PROSECUTION.
   9.  A  DISCIPLINARY PROCEEDING UNDER SUBDIVISION THREE OR FOUR OF THIS
 SECTION SHALL BE TREATED IN THE SAME MANNER AS AN ACTION  OR  PROCEEDING
 IN  SUPREME  COURT  FOR  THE  PURPOSE  OF ANY CLAIM BY COUNSEL OF ACTUAL
 ENGAGEMENT.
   § 6510-A. TEMPORARY SURRENDER OF LICENSES DURING TREATMENT FOR DRUG OR
 ALCOHOL ABUSE. 1.  THE LICENSE AND REGISTRATION OF A LICENSEE WHO MAY BE
 TEMPORARILY INCAPACITATED  FOR  THE  ACTIVE  PRACTICE  OF  A  PROFESSION
 S. 4007--A                         272                        A. 3007--A
 
 LICENSED  PURSUANT TO THIS ARTICLE, EXCEPT PROFESSIONALS LICENSED PURSU-
 ANT TO TITLE TWO OR FOUR OF THIS ARTICLE, AND WHOSE  ALLEGED  INCAPACITY
 IS  THE  RESULT  OF  A  PROBLEM  OF  DRUG OR ALCOHOL ABUSE WHICH HAS NOT
 RESULTED  IN HARM TO A PATIENT OR CLIENT, MAY BE VOLUNTARILY SURRENDERED
 TO THE DEPARTMENT, WHICH MAY ACCEPT AND HOLD  SUCH  LICENSE  DURING  THE
 PERIOD  OF  SUCH  ALLEGED  INCAPACITY  OR  THE DEPARTMENT MAY ACCEPT THE
 SURRENDER OF SUCH LICENSE AFTER AGREEMENT TO CONDITIONS TO BE MET  PRIOR
 TO  THE  RESTORATION  OF  THE LICENSE. THE DEPARTMENT SHALL GIVE WRITTEN
 NOTIFICATION OF SUCH SURRENDER TO THE LICENSING AUTHORITIES OF ANY OTHER
 STATE OR COUNTRY IN WHICH THE LICENSEE IS  AUTHORIZED  TO  PRACTICE.  IN
 ADDITION  TO  THE  FOREGOING,  THE  DEPARTMENT  SHALL  ALSO GIVE WRITTEN
 NOTIFICATION OF SUCH SURRENDER, FOR PROFESSIONALS LICENSED  PURSUANT  TO
 TITLES SIX, SEVEN, TEN, OR TWELVE OF THIS ARTICLE TO THE COMMISSIONER OR
 HIS OR HER DESIGNEE, AND WHERE APPROPRIATE TO EACH HOSPITAL AT WHICH THE
 PROFESSIONAL HAS PRIVILEGES, IS AFFILIATED, OR IS EMPLOYED. THE LICENSEE
 WHOSE  LICENSE  IS  SO  SURRENDERED SHALL NOTIFY ALL PERSONS WHO REQUEST
 PROFESSIONAL SERVICES THAT HE OR SHE HAS TEMPORARILY WITHDRAWN FROM  THE
 PRACTICE  OF  THE  PROFESSION.  THE  DEPARTMENT  MAY PROVIDE FOR SIMILAR
 NOTIFICATION OF PATIENTS OR CLIENTS AND OF OTHER INTERESTED PARTIES,  AS
 APPROPRIATE  UNDER  THE  CIRCUMSTANCES  OF THE PROFESSIONAL PRACTICE AND
 RESPONSIBILITIES OF THE LICENSEE. THE LICENSURE STATUS OF SUCH  LICENSEE
 SHALL  BE  "INACTIVE"  AND HE OR SHE SHALL NOT BE AUTHORIZED TO PRACTICE
 THE PROFESSION AND SHALL REFRAIN FROM PRACTICE IN THIS STATE OR  IN  ANY
 OTHER  STATE  OR COUNTRY. THE VOLUNTARY SURRENDER SHALL NOT BE DEEMED TO
 BE AN ADMISSION OF DISABILITY OR OF PROFESSIONAL  MISCONDUCT  AND  SHALL
 NOT  BE  USED AS EVIDENCE OF A VIOLATION OF SUBDIVISION THREE OR FOUR OF
 SECTION SIXTY-FIVE HUNDRED NINE OF THIS SUBTITLE,  UNLESS  THE  LICENSEE
 PRACTICES  WHILE  THE LICENSE IS "INACTIVE"; AND ANY SUCH PRACTICE SHALL
 CONSTITUTE A VIOLATION OF SUBDIVISION EIGHT OF SUCH SECTION. THE SURREN-
 DER OF A LICENSE UNDER THIS SUBDIVISION SHALL NOT BAR  ANY  DISCIPLINARY
 ACTION  EXCEPT  ACTION  BASED  SOLELY UPON THE PROVISIONS OF SUBDIVISION
 THREE OR FOUR OF SECTION SIXTY-FIVE HUNDRED NINE OF THIS  SUBTITLE,  AND
 ONLY  IF  NO HARM TO A PATIENT HAS RESULTED; AND SHALL NOT BAR ANY CIVIL
 OR CRIMINAL ACTION OR PROCEEDING WHICH MIGHT BE BROUGHT  WITHOUT  REGARD
 TO  SUCH SURRENDER. A SURRENDERED LICENSE SHALL BE RESTORED UPON A SHOW-
 ING TO THE SATISFACTION OF THE DEPARTMENT THAT THE LICENSEE IS NOT INCA-
 PACITATED FOR THE ACTIVE PRACTICE OF THE PROFESSION, PROVIDED  THAT  THE
 DEPARTMENT  MAY,  BY ORDER OF THE COMMISSIONER, IMPOSE REASONABLE CONDI-
 TIONS ON THE LICENSEE, IF IT DETERMINES THAT BECAUSE OF THE  NATURE  AND
 EXTENT  OF  THE LICENSEE'S FORMER INCAPACITY, SUCH CONDITIONS ARE NECES-
 SARY TO PROTECT THE HEALTH, SAFETY AND WELFARE  OF  THE  PUBLIC.  PROMPT
 WRITTEN NOTIFICATION OF SUCH RESTORATION SHALL BE GIVEN TO ALL LICENSING
 BODIES WHICH WERE NOTIFIED OF THE TEMPORARY SURRENDER OF THE LICENSE.
   2.  THERE SHALL BE APPOINTED WITHIN THE DEPARTMENT, BY THE DEPARTMENT,
 A COMMITTEE ON DRUG AND ALCOHOL ABUSE, WHICH SHALL ADVISE THE DEPARTMENT
 ON MATTERS RELATING TO PRACTICE BY PROFESSIONAL LICENSEES WITH  DRUG  OR
 ALCOHOL  ABUSE  PROBLEMS,  AND  WHICH SHALL ADMINISTER THE PROVISIONS OF
 THIS SECTION. THE DEPARTMENT SHALL DETERMINE THE SIZE, COMPOSITION,  AND
 TERMS  OF  OFFICE  OF SUCH COMMITTEE, A MAJORITY OF THE MEMBERS OF WHICH
 SHALL BE PERSONS WITH EXPERTISE IN PROBLEMS OF DRUG  OR  ALCOHOL  ABUSE.
 THE COMMITTEE SHALL RECOMMEND TO THE DEPARTMENT SUCH RULES AS ARE NECES-
 SARY TO CARRY OUT THE PURPOSES OF THIS SECTION, INCLUDING BUT NOT LIMIT-
 ED TO PROCEDURES FOR THE SUBMISSION OF APPLICATIONS FOR THE SURRENDER OF
 A LICENSE AND FOR THE REFERRAL OF CASES FOR INVESTIGATION OR PROSECUTION
 PURSUANT  TO SECTION SIXTY-FIVE HUNDRED TEN OF THIS SUBTITLE IF A LICEN-
 SEE FAILS TO COMPLY WITH THE CONDITIONS OF AN APPROVED PROGRAM OF TREAT-
 S. 4007--A                         273                        A. 3007--A
 
 MENT. THERE SHALL BE AN EXECUTIVE SECRETARY APPOINTED BY THE  DEPARTMENT
 TO ASSIST THE COMMITTEE. THE EXECUTIVE SECRETARY SHALL EMPLOY, OR OTHER-
 WISE RETAIN, THE SERVICES OF A REGISTERED PROFESSIONAL NURSE WITH APPRO-
 PRIATE  QUALIFICATIONS IN SUBSTANCE ABUSE AND ADDICTION TO ASSIST IN THE
 IMPLEMENTATION OF THE PROGRAM AUTHORIZED BY SECTION  SIX  THOUSAND  FIVE
 HUNDRED TEN-C OF THIS SUBTITLE. DETERMINATIONS BY THE COMMITTEE RELATING
 TO  LICENSEES  SHALL  BE MADE BY PANELS OF AT LEAST THREE MEMBERS OF THE
 COMMITTEE DESIGNATED BY THE EXECUTIVE SECRETARY, WHO SHALL  ALSO  DESIG-
 NATE  A  MEMBER  OF THE STATE BOARD FOR THE LICENSEE'S PROFESSION AS THE
 EX-OFFICIO NON-VOTING MEMBER OF EACH PANEL. IN THE CASE  OF  A  DETERMI-
 NATION RELATING TO A LICENSED NURSE, AT LEAST ONE PANEL MEMBER MUST BE A
 REGISTERED PROFESSIONAL NURSE LICENSED BY THE STATE.
   3. APPLICATION FOR THE SURRENDER OF A LICENSE PURSUANT TO THIS SECTION
 SHALL  BE  SUBMITTED  TO  THE  COMMITTEE,  AND SHALL IDENTIFY A PROPOSED
 TREATMENT OR REHABILITATION PROGRAM, AND SHALL INCLUDE A CONSENT TO  THE
 RELEASE  OF  ALL  INFORMATION CONCERNING THE LICENSEE'S TREATMENT TO THE
 COMMITTEE. ALL INFORMATION CONCERNING AN  APPLICATION,  OTHER  THAN  THE
 FACT  OF  THE  SURRENDER  OF  THE  LICENSE  AND THE PARTICIPATION IN THE
 PROGRAM AND THE SUCCESSFUL COMPLETION OR FAILURE OF OR  WITHDRAWAL  FROM
 THE  PROGRAM, SHALL BE STRICTLY CONFIDENTIAL, AND MAY NOT BE RELEASED BY
 THE COMMITTEE TO ANY PERSON OR BODY WITHOUT THE CONSENT OF THE LICENSEE.
 THE IMMUNITY FROM DISCIPLINARY ACTION CONFERRED BY THIS SECTION SHALL BE
 CONDITIONED UPON THE APPROVAL OF THE TREATMENT OR REHABILITATION PROGRAM
 BY THE COMMITTEE AND ITS SUCCESSFUL COMPLETION BY THE APPLICANT AND  THE
 ELIMINATION  OF  THE  INCAPACITY TO PRACTICE. APPROVAL OF A TREATMENT OR
 REHABILITATION PROGRAM BY THE COMMITTEE SHALL NOT CONSTITUTE A REPRESEN-
 TATION AS TO THE PROBABILITY OF SUCCESS OF THE PROGRAM OR ANY ASSUMPTION
 OF FINANCIAL RESPONSIBILITY FOR ITS COSTS.
   4. THE IMMUNITY FROM DISCIPLINARY ACTION CONFERRED BY THIS SECTION MAY
 BE REVOKED BY THE COMMITTEE UPON A FINDING THAT THE LICENSEE HAS  FAILED
 TO  SUCCESSFULLY COMPLETE THE PROGRAM OR THAT THE INCAPACITY TO PRACTICE
 HAS NOT BEEN ELIMINATED. SUCH REVOCATION SHALL BE MADE ONLY AFTER NOTICE
 AND AN OPPORTUNITY TO BE HEARD, BUT NO  ADJUDICATORY  HEARING  SHALL  BE
 REQUIRED.  THE  MATTER  SHALL  BE  REFERRED  FOR APPROPRIATE PROCEEDINGS
 PURSUANT TO SECTION SIXTY-FIVE HUNDRED TEN OF THIS SUBTITLE. THE LICENSE
 SHALL BE RETURNED UNLESS CHARGES ARE SERVED PURSUANT TO  SECTION  SIXTY-
 FIVE  HUNDRED  TEN OF THIS SUBTITLE WITHIN THIRTY DAYS AFTER THE REVOCA-
 TION OF THE APPROVAL OF THE SPECIAL TREATMENT AFFORDED BY THIS SECTION.
   5. THE COMMISSIONER IS AUTHORIZED TO ADOPT REGULATIONS  TO  CARRY  OUT
 THE PURPOSES OF THIS SECTION, INCLUDING BUT NOT LIMITED TO THE NOTICE OF
 TEMPORARY  INACTIVE  STATUS  TO BE REQUIRED IN DIFFERENT PROFESSIONS AND
 PRACTICE SITUATIONS AND THE MEASURES REQUIRED UPON TEMPORARY  WITHDRAWAL
 FROM PRACTICE.
   6.  NO  INDIVIDUAL WHO SERVES AS A MEMBER OF A COMMITTEE WHOSE PURPOSE
 IS TO CONFRONT AND REFER EITHER TO TREATMENT OR TO THE DEPARTMENT LICEN-
 SEES WHO ARE THOUGHT TO BE SUFFERING FROM ALCOHOLISM OR DRUG ABUSE SHALL
 BE LIABLE FOR DAMAGES TO ANY PERSON FOR ANY ACTION TAKEN BY  SUCH  INDI-
 VIDUAL  PROVIDED  SUCH  ACTION  WAS  TAKEN WITHOUT MALICE AND WITHIN THE
 SCOPE OF SUCH INDIVIDUAL'S FUNCTION AS A MEMBER OF SUCH  COMMITTEE,  AND
 PROVIDED  FURTHER  THAT SUCH COMMITTEE HAS BEEN ESTABLISHED BY AND FUNC-
 TIONS UNDER THE AUSPICES OF AN ASSOCIATION OR SOCIETY  OF  PROFESSIONALS
 AUTHORIZED TO PRACTICE UNDER THIS ARTICLE.
   7. IN ADDITION TO THE PROVISIONS OF SECTION TWO THOUSAND EIGHT HUNDRED
 THREE-E  OF THIS CHAPTER, ANY ENTITY LICENSED PURSUANT TO ARTICLES THIR-
 TY-SIX, FORTY AND FORTY-FOUR OF THIS CHAPTER,  AND  ANY  MENTAL  HYGIENE
 FACILITIES,  AND  CORRECTIONAL,  OCCUPATIONAL, SCHOOL AND COLLEGE HEALTH
 S. 4007--A                         274                        A. 3007--A

 SERVICES SHALL PROVIDE A REPORT TO THE OFFICE OF PROFESSIONAL DISCIPLINE
 WHEN THERE IS A SUSPENSION,  RESTRICTION,  TERMINATION,  CURTAILMENT  OR
 RESIGNATION OF EMPLOYMENT OR PRIVILEGES IN ANY WAY RELATED TO A LICENSED
 NURSE  THAT  IS  IMPAIRED  WHEN  THE  IMPAIRMENT IS ALLEGED TO HAVE BEEN
 CAUSED BY A DRUG-RELATED PROBLEM. ANY PERSON, FACILITY,  OR  CORPORATION
 WHICH  MAKES  A REPORT PURSUANT TO THIS SECTION IN GOOD FAITH SHALL HAVE
 IMMUNITY FROM ANY LIABILITY, CIVIL OR CRIMINAL, FOR HAVING MADE  SUCH  A
 REPORT EXCEPT WHERE THE CONDUCT CONSTITUTES NEGLIGENCE, GROSS NEGLIGENCE
 OR  INTENTIONAL  MISCONDUCT. FOR THE PURPOSE OF ANY PROCEEDING, CIVIL OR
 CRIMINAL, THE GOOD FAITH OF ANY PERSON, FACILITY OR CORPORATION REQUIRED
 TO MAKE A REPORT SHALL BE PRESUMED. SUCH PRESUMPTION MAY BE REBUTTED  BY
 ANY COMPETENT EVIDENCE.
   8.  NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE LICENSE AND REGIS-
 TRATION OF A LICENSED DENTIST OR PHARMACIST WHO MAY BE TEMPORARILY INCA-
 PACITATED FOR THE ACTIVE PRACTICE OF THEIR PROFESSION LICENSED  PURSUANT
 TO  TITLES SEVEN AND TEN OF THIS ARTICLE AND WHOSE ALLEGED INCAPACITY IS
 THE RESULT OF A PROBLEM OF DRUG OR ALCOHOL ABUSE WHICH HAS NOT  RESULTED
 IN  HARM  TO  A PATIENT OR CLIENT, MAY BE VOLUNTARILY SURRENDERED TO, OR
 VOLUNTARILY OFFERED FOR ANY ALTERNATIVE DISPOSITION WITH THE DEPARTMENT,
 WHICH MAY ACCEPT AND HOLD SUCH LICENSE OR  MAKE  ANY  OTHER  DISPOSITION
 REGARDING  SUCH  LICENSE  DEEMED APPROPRIATE UNDER THE CIRCUMSTANCES, IF
 THE DEPARTMENT DETERMINES THE HEALTH AND SAFETY OF THE  PUBLIC  WILL  BE
 ADEQUATELY PROTECTED THEREBY, DURING THE PERIOD OF SUCH ALLEGED INCAPAC-
 ITY.  THE  DEPARTMENT  MAY  ACCEPT  THE  SURRENDER OF SUCH LICENSE AFTER
 AGREEMENT TO CONDITIONS TO BE  MET  PRIOR  TO  THE  RESTORATION  OF  THE
 LICENSE  OR  THE DEPARTMENT MAY TREAT THE LICENSE AS NOT SURRENDERED AND
 MAY IMPOSE CONDITIONS TO ALLOW THE LICENSEE TO RETAIN THE  LICENSE.  ALL
 OTHER  PROVISIONS OF THIS SECTION SHALL BE APPLIED TO THE PROFESSIONS OF
 DENTISTRY AND PHARMACY IN CONFORMITY WITH THIS SUBDIVISION.
   § 6510-B. NURSE PEER ASSISTANCE PROGRAMS. 1. AS USED IN THIS SECTION:
   A. "DRUG-RELATED PROBLEM" MEANS A PROBLEM OR PROBLEMS THAT ARE RELATED
 TO THE USE, MISUSE OR ADDICTION TO DRUGS OR ALCOHOL.
   B. "PARTICIPANT" MEANS AN INDIVIDUAL LICENSED PURSUANT TO TITLE TWELVE
 OF THIS ARTICLE WHO HAS OR MAY HAVE A DRUG-RELATED PROBLEM.
   C. "APPROVED NURSE PEER ASSISTANCE PROGRAM" MEANS A  PROGRAM  OPERATED
 BY  THE  NEW  YORK  STATE NURSES ASSOCIATION OR A STATEWIDE PROFESSIONAL
 ASSOCIATION OF NURSES WHICH HAS EXPERIENCE IN PROVIDING PEER  ASSISTANCE
 SERVICES  TO NURSES WHO HAVE DRUG-RELATED PROBLEMS WHICH ARE DESIGNED TO
 HELP A PARTICIPANT OR A LICENSEE'S EMPLOYER AND HAS BEEN APPROVED BY THE
 DEPARTMENT IN ACCORDANCE WITH CRITERIA ESTABLISHED IN REGULATIONS OF THE
 COMMISSIONER.
   D. "PEER ASSISTANCE  SERVICES"  INCLUDES  ASSESSING  THE  NEEDS  OF  A
 PARTICIPANT,  INCLUDING  EARLY  IDENTIFICATION OF DRUG-RELATED PROBLEMS,
 AND PROVIDING INFORMATION, SUPPORT, AND ADVICE AS REQUESTED BY A PARTIC-
 IPANT.
   2. A. THE DEPARTMENT SHALL PROVIDE FUNDS, INCLUDING BUT NOT LIMITED TO
 A PORTION OF THE FUNDS MADE AVAILABLE PURSUANT TO THE PROVISIONS OF THIS
 SECTION, FOR SERVICES PROVIDED BY  AN  APPROVED  NURSE  PEER  ASSISTANCE
 PROGRAM. FUNDS USED TO PROVIDE SERVICES SHALL NOT BE USED FOR THE TREAT-
 MENT  OF PARTICIPANTS. FUNDED SERVICES SHALL INCLUDE, BUT NOT BE LIMITED
 TO:
   (I) PROVIDING PEER ASSISTANCE SERVICES FOR  NURSES  WITH  DRUG-RELATED
 PROBLEMS;
   (II)  MAINTAINING A TOLL-FREE TELEPHONE INFORMATION LINE FOR ANONYMOUS
 NURSES, THEIR EMPLOYERS, AND OTHERS TO PROVIDE ASSISTANCE IN  THE  IDEN-
 S. 4007--A                         275                        A. 3007--A
 
 TIFICATION  OF SERVICES AND INFORMATION FOR NURSES DEALING WITH DRUG-RE-
 LATED PROBLEMS;
   (III) TRAINING MONITORS FOR THE PROFESSIONAL ASSISTANCE PROGRAM;
   (IV)  ARRANGING FOR MENTAL HEALTH CONSULTANTS TO ASSESS NURSES FOR THE
 PROFESSIONAL ASSISTANCE PROGRAM, AS NEEDED; AND
   (V) PREPARING WRITTEN ASSESSMENTS OF NURSES  WHO  HAVE  BEEN  REFERRED
 FROM THE PROFESSIONAL ASSISTANCE PROGRAM.
   B.  AN  ADDITIONAL FEE OF FIFTEEN DOLLARS SHALL BE PAID AT THE TIME OF
 APPLICATION FOR LICENSURE AND FIRST REGISTRATION AND EVERY  REGISTRATION
 BY  THOSE  LICENSED  PURSUANT  TO  TITLE  TWELVE OF THIS ARTICLE FOR THE
 PURPOSE OF IMPLEMENTING THIS PROGRAM. THE  FUNDS  MADE  AVAILABLE  UNDER
 THIS  PROVISION  SHALL BE DEPOSITED IN THE OFFICE OF PROFESSIONS SPECIAL
 REVENUE ACCOUNT FOR ITS  PURPOSES  IN  IMPLEMENTING  THIS  SECTION.  THE
 DEPARTMENT  MAY  USE  A  PORTION  OF  THIS AMOUNT FOR ITS ADMINISTRATIVE
 EXPENSES INCURRED IN IMPLEMENTING THIS PROGRAM INCLUDING, BUT NOT LIMIT-
 ED TO, EMPLOYMENT OF PERSONNEL, THE COSTS OF APPROVING  AND  CONTRACTING
 WITH  A PEER ASSISTANCE PROGRAM AS REQUIRED BY THIS SECTION AND OUTREACH
 ACTIVITIES TO PROMOTE THIS PROGRAM.
   3. NO APPROVED NURSE PEER ASSISTANCE PROGRAM OR INDIVIDUAL WHO  SERVES
 IN  AN APPROVED NURSE PEER ASSISTANCE PROGRAM SHALL BE LIABLE IN DAMAGES
 TO ANY PERSON FOR ANY ACTION TAKEN OR NOT TAKEN OR RECOMMENDATIONS  MADE
 UNLESS,  BASED  ON  THE FACTS DISCLOSED BY A PARTICIPANT, THE CONDUCT OF
 THE PROGRAM OR PERSON WITH RESPECT TO  THE  PERSON  ASSERTING  LIABILITY
 CONSTITUTED NEGLIGENCE, GROSS NEGLIGENCE, OR INTENTIONAL MISCONDUCT.
   4.  ALL  INFORMATION CONCERNING A PARTICIPANT GATHERED BY THE APPROVED
 NURSE PEER ASSISTANCE PROGRAM SHALL BE STRICTLY CONFIDENTIAL AND MAY NOT
 BE RELEASED TO ANY PERSON OR BODY WITHOUT THE  CONSENT  OF  THE  PARTIC-
 IPANT,  EXCEPT UPON THE ORDER OF A COURT IN A PENDING ACTION OR PROCEED-
 ING. AGGREGATE DATA MAY BE RELEASED TO THE COMMITTEE ON DRUG AND ALCOHOL
 ABUSE.
   § 6510-C. VOLUNTARY NON-DISCIPLINARY SURRENDER OF A LICENSE. A PROFES-
 SIONAL WHO IS LICENSED PURSUANT TO TITLE  TWELVE  OF  THIS  ARTICLE  MAY
 VOLUNTARILY  SURRENDER  A  LICENSE  TO THE COMMITTEE ON DRUG AND ALCOHOL
 ABUSE WHEN SUCH LICENSEE REQUESTS TO BE MONITORED  AND/OR  RECEIVE  PEER
 SUPPORT  SERVICES  IN RELATION TO THE USE, MISUSE OR ADDICTION TO DRUGS.
 THE COMMITTEE SHALL ACCEPT SUCH VOLUNTARY NON-DISCIPLINARY SURRENDER  OF
 A  LICENSE AND PROVIDE FOR EXPEDITED REINSTATEMENT OF THE LICENSE IF THE
 LICENSEE MEETS  CRITERIA  SET  BY  THE  COMMITTEE.  SUCH  CRITERIA  WILL
 INCLUDE,  BUT  NOT  BE LIMITED TO, CONFIDENCE THAT THE LICENSEE'S USE OF
 DRUGS AND/OR ALCOHOL HAS NOT RESULTED IN HARM TO A PATIENT OR CLIENT AND
 THE LICENSEE IS NOT INCAPACITATED, UNFIT FOR PRACTICE OR A THREAT TO THE
 HEALTH, SAFETY AND WELFARE OF THE PUBLIC. SUCH VOLUNTARY  SURRENDER,  IF
 ACCEPTED BY THE COMMITTEE, SHALL RESULT IN AN IMMEDIATE REINSTATEMENT OF
 THE  LICENSE  AND SHALL PROVIDE IMMUNITY FROM A VIOLATION OF SUBDIVISION
 THREE OR FOUR OF SECTION SIXTY-FIVE HUNDRED NINE OF  THIS  SUBTITLE  AND
 CANNOT  BE  DEEMED  AN  ADMISSION  OR  USED  AS EVIDENCE IN PROFESSIONAL
 MISCONDUCT. ACCEPTANCE BY THE COMMITTEE SHALL NOT REQUIRE  A  REPORT  TO
 THE  DEPARTMENT  OF  HEALTH OR TO ANY EMPLOYER OR LICENSING AUTHORITY OF
 ANOTHER JURISDICTION, NOR REQUIRE ANY DISCLOSURE TO PATIENTS OR  TO  THE
 PUBLIC  THAT SUCH LICENSE HAS BEEN TEMPORARILY SURRENDERED, EXCEPT IF IT
 IS SUBSEQUENTLY DETERMINED BY THE DEPARTMENT THAT  A  PARTICIPANT  BEING
 MONITORED  BY  THE DEPARTMENT IS FOUND TO HAVE USED DRUGS AND/OR ALCOHOL
 WHICH HAS RESULTED IN HARM TO A PATIENT OR CLIENT.
   § 6510-D. NURSES' REFUSAL OF OVERTIME WORK. THE REFUSAL OF A  LICENSED
 PRACTICAL  NURSE  OR A REGISTERED PROFESSIONAL NURSE TO WORK BEYOND SAID
 NURSE'S REGULARLY SCHEDULED HOURS OF WORK SHALL  NOT  SOLELY  CONSTITUTE
 S. 4007--A                         276                        A. 3007--A
 
 PATIENT  ABANDONMENT  OR NEGLECT EXCEPT UNDER THE CIRCUMSTANCES PROVIDED
 FOR UNDER SUBDIVISION THREE OF SECTION ONE HUNDRED  SIXTY-SEVEN  OF  THE
 LABOR LAW.
   § 6511. PENALTIES FOR PROFESSIONAL MISCONDUCT. THE PENALTIES WHICH MAY
 BE IMPOSED BY THE DEPARTMENT ON A PRESENT OR FORMER LICENSEE FOUND GUIL-
 TY   OF   PROFESSIONAL  MISCONDUCT,  PURSUANT  TO  THE  DEFINITIONS  AND
 PROCEEDINGS PRESCRIBED IN SECTIONS SIXTY-FIVE HUNDRED  NINE  AND  SIXTY-
 FIVE HUNDRED TEN OF THIS SUBTITLE, ARE:
   1. CENSURE AND REPRIMAND;
   2.  SUSPENSION OF LICENSE: (A) WHOLLY, FOR A FIXED PERIOD OF TIME; (B)
 PARTIALLY,  UNTIL  THE  LICENSEE  SUCCESSFULLY  COMPLETES  A  COURSE  OF
 RETRAINING  IN  THE AREA TO WHICH THE SUSPENSION APPLIES; OR (C) WHOLLY,
 UNTIL THE LICENSEE SUCCESSFULLY COMPLETES A COURSE OF THERAPY OR  TREAT-
 MENT PRESCRIBED BY THE REGENTS;
   3. REVOCATION OF LICENSE;
   4. ANNULMENT OF LICENSE OR REGISTRATION;
   5. LIMITATION ON REGISTRATION OR ISSUANCE OF ANY FURTHER LICENSE;
   6.  A FINE NOT TO EXCEED TEN THOUSAND DOLLARS, UPON EACH SPECIFICATION
 OF CHARGES OF WHICH THE RESPONDENT IS DETERMINED TO BE GUILTY;
   7. A REQUIREMENT THAT A LICENSEE PURSUE A COURSE OF HEALTH  OR  TRAIN-
 ING; AND
   8.  A  REQUIREMENT  THAT A LICENSEE PERFORM UP TO ONE HUNDRED HOURS OF
 PUBLIC SERVICE, IN A MANNER AND AT A TIME AND PLACE AS DIRECTED  BY  THE
 STATE  BOARD  FOR THE PROFESSIONS AS PRESCRIBED IN THE TITLE RELATING TO
 EACH PROFESSION.
   THE DEPARTMENT MAY STAY SUCH PENALTIES IN WHOLE OR IN PART, MAY  PLACE
 THE  LICENSEE  ON  PROBATION  AND  MAY  RESTORE A LICENSE WHICH HAS BEEN
 REVOKED, PROVIDED, IN THE CASE  OF  LICENSEES  SUBJECT  TO  SECTION  TWO
 HUNDRED  THIRTY  OF  THIS  CHAPTER, NOTICE THAT SUCH STATE BOARD FOR THE
 PROFESSION AS PRESCRIBED IN THE TITLE RELATING  TO  SUCH  PROFESSION  IS
 CONSIDERING  SUCH  RESTORATION  IS  GIVEN  TO THE OFFICE OF PROFESSIONAL
 MEDICAL CONDUCT AT LEAST THIRTY DAYS  BEFORE  THE  DATE  ON  WHICH  SUCH
 RESTORATION  SHALL  BE CONSIDERED. UPON THE RECOMMENDATION OF THE OFFICE
 OF PROFESSIONAL MEDICAL CONDUCT, THE DEPARTMENT MAY DENY  SUCH  RESTORA-
 TION.  ANY FINE IMPOSED PURSUANT TO THIS SECTION OR PURSUANT TO SUBDIVI-
 SION TWO OF SECTION SIXTY-FIVE HUNDRED TEN OF THIS SUBTITLE MAY BE  SUED
 FOR  AND RECOVERED IN THE NAME OF THE PEOPLE OF THE STATE OF NEW YORK IN
 AN ACTION BROUGHT BY THE ATTORNEY GENERAL. IN SUCH ACTION  THE  FINDINGS
 AND DETERMINATION OF THE DEPARTMENT OR OF THE VIOLATIONS COMMITTEE SHALL
 BE  ADMISSIBLE  EVIDENCE  AND SHALL BE CONCLUSIVE PROOF OF THE VIOLATION
 AND THE PENALTY ASSESSED.
 
                                SUBTITLE 4
                             UNAUTHORIZED ACTS
 SECTION 6512. UNAUTHORIZED PRACTICE A CRIME.
         6513. UNAUTHORIZED USE OF A PROFESSIONAL TITLE A CRIME.
         6514. CRIMINAL PROCEEDINGS.
         6515. RESTRAINT OF UNLAWFUL ACTS.
         6516. CIVIL ENFORCEMENT PROCEEDINGS AND CIVIL PENALTIES.
   § 6512. UNAUTHORIZED PRACTICE A CRIME. 1.  ANYONE  NOT  AUTHORIZED  TO
 PRACTICE UNDER THIS ARTICLE WHO PRACTICES OR OFFERS TO PRACTICE OR HOLDS
 HIMSELF  OR  HERSELF  OUT AS BEING ABLE TO PRACTICE IN ANY PROFESSION IN
 WHICH A LICENSE IS A PREREQUISITE TO THE PRACTICE OF THE  ACTS,  OR  WHO
 PRACTICES ANY PROFESSION AS AN EXEMPT PERSON DURING THE TIME WHEN HIS OR
 HER  PROFESSIONAL LICENSE IS SUSPENDED, REVOKED OR ANNULLED, OR WHO AIDS
 OR ABETS AN UNLICENSED PERSON TO PRACTICE A PROFESSION, OR  WHO  FRAUDU-
 S. 4007--A                         277                        A. 3007--A
 
 LENTLY SELLS, FILES, FURNISHES, OBTAINS, OR WHO ATTEMPTS FRAUDULENTLY TO
 SELL,  FILE,  FURNISH  OR  OBTAIN ANY DIPLOMA, LICENSE, RECORD OR PERMIT
 PURPORTING TO AUTHORIZE THE PRACTICE OF A PROFESSION, SHALL BE GUILTY OF
 A CLASS E FELONY.
   2. ANYONE WHO KNOWINGLY AIDS OR ABETS THREE OR MORE UNLICENSED PERSONS
 TO PRACTICE A PROFESSION OR EMPLOYS OR HOLDS SUCH UNLICENSED PERSONS OUT
 AS  BEING  ABLE  TO  PRACTICE  IN ANY PROFESSION IN WHICH A LICENSE IS A
 PREREQUISITE TO THE PRACTICE OF THE ACTS, OR WHO KNOWINGLY AIDS OR ABETS
 THREE OR MORE PERSONS TO  PRACTICE  ANY  PROFESSION  AS  EXEMPT  PERSONS
 DURING  THE  TIME  WHEN  THE  PROFESSIONAL  LICENSES OF SUCH PERSONS ARE
 SUSPENDED, REVOKED OR ANNULLED, SHALL BE GUILTY OF A CLASS E FELONY.
   § 6513. UNAUTHORIZED USE OF A PROFESSIONAL TITLE A CRIME. 1.    ANYONE
 NOT  AUTHORIZED  TO  USE A PROFESSIONAL TITLE REGULATED BY THIS ARTICLE,
 AND WHO USES SUCH PROFESSIONAL TITLE, SHALL  BE  GUILTY  OF  A  CLASS  A
 MISDEMEANOR.
   2.  ANYONE  WHO  KNOWINGLY  AIDS  OR  ABETS  THREE OR MORE PERSONS NOT
 AUTHORIZED TO USE A PROFESSIONAL TITLE REGULATED BY THIS ARTICLE, TO USE
 SUCH PROFESSIONAL TITLE, OR KNOWINGLY EMPLOYS THREE OR MORE PERSONS  NOT
 AUTHORIZED  TO  USE  A PROFESSIONAL TITLE REGULATED BY THIS ARTICLE, WHO
 USE SUCH PROFESSIONAL TITLE IN THE COURSE OF SUCH EMPLOYMENT,  SHALL  BE
 GUILTY OF A CLASS E FELONY.
   §  6514.  CRIMINAL  PROCEEDINGS. 1. ALL ALLEGED VIOLATIONS OF SECTIONS
 SIXTY-FIVE HUNDRED TWELVE OR SIXTY-FIVE HUNDRED THIRTEEN OF THIS  SUBTI-
 TLE  SHALL  BE  REPORTED TO THE DEPARTMENT WHICH SHALL CAUSE AN INVESTI-
 GATION TO BE INSTITUTED. ALL ALLEGED VIOLATIONS  OF  SECTION  SIXTY-FIVE
 HUNDRED  THIRTY-ONE  OF THIS ARTICLE SHALL BE REPORTED TO THE DEPARTMENT
 WHICH SHALL CAUSE AN INVESTIGATION TO BE  INSTITUTED.  IF  THE  INVESTI-
 GATION  SUBSTANTIATES  THAT  VIOLATIONS  EXIST, SUCH VIOLATIONS SHALL BE
 REPORTED TO THE ATTORNEY GENERAL WITH A REQUEST FOR PROSECUTION.
   2. THE ATTORNEY GENERAL SHALL PROSECUTE SUCH ALLEGED OFFENSES  IN  THE
 NAME OF THE STATE.
   3. ALL CRIMINAL COURTS HAVING JURISDICTION OVER MISDEMEANORS ARE HERE-
 BY  EMPOWERED  TO  HEAR, TRY AND DETERMINE ALLEGED VIOLATIONS UNDER THIS
 ARTICLE, WHICH CONSTITUTE MISDEMEANORS, WITHOUT INDICTMENT AND TO IMPOSE
 APPLICABLE PUNISHMENT OF FINES OR IMPRISONMENTS OR  BOTH.  IT  SHALL  BE
 NECESSARY  TO  PROVE  IN  ANY PROSECUTION UNDER THIS TITLE ONLY A SINGLE
 PROHIBITED ACT OR A SINGLE HOLDING OUT WITHOUT PROVING A GENERAL  COURSE
 OF CONDUCT.
   4.  A  PROCEEDING BEFORE A COMMITTEE ON PROFESSIONAL CONDUCT SHALL NOT
 BE DEEMED TO BE  A  CRIMINAL  PROCEEDING  WITHIN  THE  MEANING  OF  THIS
 SECTION.
   §  6515. RESTRAINT OF UNLAWFUL ACTS. WHERE A VIOLATION OF THIS ARTICLE
 IS ALLEGED TO HAVE OCCURRED, THE ATTORNEY GENERAL, THE DEPARTMENT OR, IN
 THE EVENT OF ALLEGED VIOLATIONS OF TITLE NINETEEN OF THIS ARTICLE OCCUR-
 RING IN CITIES HAVING A POPULATION OF ONE MILLION OR  MORE,  THE  CORPO-
 RATION  COUNSEL  MAY  APPLY  TO  THE  SUPREME  COURT WITHIN THE JUDICIAL
 DISTRICT IN WHICH SUCH VIOLATION IS ALLEGED  TO  HAVE  OCCURRED  FOR  AN
 ORDER ENJOINING OR RESTRAINING COMMISSION OR CONTINUANCE OF THE UNLAWFUL
 ACTS  COMPLAINED  OF.  THE  REMEDY  PROVIDED IN THIS SECTION SHALL BE IN
 ADDITION TO ANY OTHER REMEDY PROVIDED  BY  LAW  OR  TO  THE  PROCEEDINGS
 COMMENCED AGAINST A LICENSEE UNDER THIS ARTICLE.
   §  6516.  CIVIL ENFORCEMENT PROCEEDINGS AND CIVIL PENALTIES. 1.  ISSU-
 ANCE OF CEASE AND DESIST ORDER. WHENEVER THE DEPARTMENT  HAS  REASONABLE
 CAUSE  TO  BELIEVE THAT ANY PERSON HAS VIOLATED ANY PROVISION OF SECTION
 SIXTY-FIVE HUNDRED TWELVE OR SIXTY-FIVE HUNDRED THIRTEEN OF THIS  SUBTI-
 TLE,  THE  DEPARTMENT  MAY  ISSUE AND SERVE UPON SUCH PERSON A NOTICE TO
 S. 4007--A                         278                        A. 3007--A

 CEASE AND DESIST FROM SUCH VIOLATION. SUCH CEASE AND DESIST ORDER  SHALL
 BE  SERVED  PERSONALLY  BY THE DEPARTMENT. IF PERSONAL SERVICE CANNOT BE
 MADE AFTER DUE DILIGENCE AND SUCH FACT IS CERTIFIED UNDER OATH,  A  COPY
 OF  THE ORDER SHALL BE MADE BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED,
 TO THE PERSON'S LAST KNOWN ADDRESS BY THE DEPARTMENT.
   2. CONTENTS OF CEASE AND DESIST ORDER.  THE  CEASE  AND  DESIST  ORDER
 SHALL  BE IN WRITING AND SHALL DESCRIBE WITH PARTICULARITY THE NATURE OF
 THE VIOLATION, INCLUDING  A  REFERENCE  OF  THE  SPECIFIC  PROVISION  OR
 PROVISIONS  OF  LAW  ALLEGED  TO  HAVE BEEN VIOLATED AND AN ORDER TO THE
 RESPONDENT TO CEASE ANY UNLAWFUL ACTIVITY. THE CEASE  AND  DESIST  ORDER
 SHALL ADVISE THE RESPONDENT:
   A.  OF  THE  RIGHT TO CONTEST THE ORDER BY REQUESTING A HEARING WITHIN
 THIRTY DAYS OF THE SERVICE OF THE CEASE AND DESIST ORDER BEFORE A  HEAR-
 ING OFFICER DESIGNATED BY THE DEPARTMENT;
   B. OF THE RIGHT TO REQUEST A STAY OF THE CEASE AND DESIST ORDER AT THE
 TIME A HEARING IS REQUESTED; AND
   C.  SHALL SET FORTH THE RESPONDENT'S RIGHTS AT SUCH A HEARING PURSUANT
 TO SUBDIVISION FIVE OF THIS SECTION.
   3. CIVIL PENALTIES. CIVIL PENALTIES UP TO FIVE THOUSAND DOLLARS MAY BE
 IMPOSED FOR EACH VIOLATION AND THE RESPONDENT MAY  BE  ORDERED  TO  MAKE
 RESTITUTION  TO ANY PERSON WHO HAS AN INTEREST IN ANY MONEY OR PROPERTY,
 EITHER REAL OR PERSONAL, ACQUIRED BY THE RESPONDENT AS  A  RESULT  OF  A
 VIOLATION. WHENEVER THE DEPARTMENT CONCLUDES THAT CIVIL PENALTIES AND/OR
 RESTITUTION  MAY BE WARRANTED BECAUSE OF THE EGREGIOUSNESS OF THE UNLAW-
 FUL ACTIVITY, IT MAY SERVE, ALONG WITH THE CEASE  AND  DESIST  ORDER,  A
 NOTICE  OF  A  HEARING  ON  THE ALLEGATIONS OF UNLAWFUL ACTIVITY AND THE
 DEPARTMENT'S INTENTION TO  ORDER  THE  RESPONDENT  TO  MAKE  RESTITUTION
 AND/OR  IMPOSE  A  CIVIL  PENALTY.   THE NOTICE SHOULD SPECIFY THE CIVIL
 PENALTY SOUGHT FOR EACH VIOLATION.
   4. REQUEST FOR HEARING. IF THE RESPONDENT TO A CEASE AND DESIST  ORDER
 CONTESTS  THE  CEASE  AND  DESIST  ORDER, THE RESPONDENT SHALL REQUEST A
 HEARING CONDUCTED BY THE DEPARTMENT WITHIN THIRTY DAYS OF THE RECEIPT OF
 THE CEASE AND DESIST ORDER. SUCH A HEARING SHALL BE SCHEDULED,  AND  THE
 REQUESTING  PARTY  NOTIFIED  OF  THE  DATE,  WITHIN  FIFTEEN DAYS OF THE
 RECEIPT OF THE REQUEST FOR A HEARING. IF THE RESPONDENT REQUESTS A  STAY
 OF  THE  CEASE  AND  DESIST  ORDER,  THE HEARING OFFICER SHALL DETERMINE
 WHETHER THE CEASE AND DESIST ORDER SHOULD BE STAYED IN WHOLE OR IN  PART
 WITHIN  FIVE  WORKING DAYS OF THE REQUEST FOR A STAY. THE RESPONDENT MAY
 FILE A WRITTEN ANSWER TO THE CEASE AND DESIST ORDER PRIOR TO  THE  HEAR-
 ING. A STENOGRAPHIC RECORD OF THE HEARING SHALL BE MADE.
   5. CONDUCT OF HEARING. THE EVIDENCE IN SUPPORT OF THE CEASE AND DESIST
 ORDER SHALL BE PRESENTED BY AN ATTORNEY FOR THE DEPARTMENT. THE RESPOND-
 ENT MAY APPEAR PERSONALLY AND MAY BE REPRESENTED BY COUNSEL AT THE HEAR-
 ING,  MAY  PRODUCE  WITNESSES  AND  EVIDENCE IN HIS OR HER BEHALF AT THE
 HEARING, MAY  CROSS-EXAMINE  WITNESSES  AND  EXAMINE  EVIDENCE  PRODUCED
 AGAINST HIM OR HER AT THE HEARING, AND MAY ISSUE SUBPOENAS IN ACCORDANCE
 WITH  SECTION  THREE  HUNDRED FOUR OF THE STATE ADMINISTRATIVE PROCEDURE
 ACT. THE HEARING OFFICER SHALL NOT BE BOUND BY THE  RULES  OF  EVIDENCE,
 BUT  HIS  OR  HER  DETERMINATION  THAT A VIOLATION OF SECTION SIXTY-FIVE
 HUNDRED TWELVE OR SIXTY-FIVE  HUNDRED  THIRTEEN  OF  THIS  SUBTITLE  HAS
 OCCURRED  SHALL  BE  BASED ON A PREPONDERANCE OF THE EVIDENCE. A HEARING
 WHICH HAS BEEN INITIATED SHALL NOT BE DISCONTINUED BECAUSE OF THE  DEATH
 OR  INCAPACITY  OF  THE HEARING OFFICER. IN THE EVENT OF A HEARING OFFI-
 CER'S DEATH OR INCAPACITY TO SERVE,  A  NEW  HEARING  OFFICER  SHALL  BE
 DESIGNATED  BY  THE DEPARTMENT TO CONTINUE THE HEARING.  THE NEW HEARING
 S. 4007--A                         279                        A. 3007--A
 
 OFFICER SHALL AFFIRM IN WRITING THAT HE OR SHE HAS READ  AND  CONSIDERED
 EVIDENCE AND TRANSCRIPTS OF THE PRIOR PROCEEDINGS.
   6.  RESULTS  OF HEARING. THE HEARING OFFICER DESIGNATED BY THE DEPART-
 MENT SHALL RENDER A WRITTEN REPORT WHICH SHALL INCLUDE:
   A. FINDINGS OF FACT;
   B. A DETERMINATION ON EACH VIOLATION ALLEGED IN THE CEASE  AND  DESIST
 ORDER;
   C.  A  DETERMINATION AS TO WHETHER TO ACCEPT, REJECT, OR MODIFY ANY OF
 THE TERMS OF THE CEASE AND DESIST ORDER IN WHOLE OR IN PART; AND
   D. THE CIVIL PENALTY IMPOSED, IF ANY. A COPY OF THE HEARING  OFFICER'S
 WRITTEN REPORT SHALL BE SERVED UPON THE RESPONDENT WITH A NOTICE SETTING
 FORTH  THE  RESPONDENT'S  RIGHTS  TO AN ADMINISTRATIVE APPEAL WITHIN TEN
 DAYS OF THE CONCLUSION OF THE HEARING.
   7. APPEALS. A. THE DECISION OF THE HEARING  OFFICER  SHALL  BE  FINAL,
 EXCEPT  THAT  IT  MAY  BE  APPEALED TO A REGENTS REVIEW COMMITTEE WITHIN
 TWENTY DAYS OF THE RECEIPT OF THE HEARING OFFICER'S REPORT.  THE  INITI-
 ATION  OF  AN  APPEAL  SHALL NOT IN AND OF ITSELF AFFECT THE VALIDITY OR
 TERMS OF THE CEASE AND DESIST ORDER. THE REGENTS REVIEW COMMITTEE  SHALL
 CONSIST  OF  THREE  MEMBERS, AT LEAST ONE OF WHOM SHALL BE A REGENT. THE
 REVIEW SHALL BE BASED ON THE TRANSCRIPT AND THE REPORT  OF  THE  HEARING
 OFFICER.  THE  RESPONDENT  MAY  APPEAR  AT  THE MEETING, AND THE REGENTS
 REVIEW COMMITTEE MAY REQUIRE THE RESPONDENT TO  APPEAR.  THE  RESPONDENT
 MAY  BE REPRESENTED BY COUNSEL. THE DEPARTMENT SHALL NOTIFY THE RESPOND-
 ENT AT LEAST TEN DAYS BEFORE THE MEETING (I) OF THE TIME  AND  PLACE  OF
 THE  MEETING,  (II)  OF  THE  RIGHT  TO APPEAR; (III) OF THE RIGHT TO BE
 REPRESENTED BY COUNSEL; (IV) WHETHER OR NOT THE RESPONDENT  IS  REQUIRED
 TO  APPEAR;  AND  (III)  OF  SUCH OTHER INFORMATION AS MAY BE CONSIDERED
 APPROPRIATE.
   B. AFTER THE MEETING, THE REGENTS REVIEW COMMITTEE  SHALL  TRANSMIT  A
 WRITTEN REPORT OF ITS REVIEW TO THE DEPARTMENT. THE DEPARTMENT (I) SHALL
 CONSIDER  THE  TRANSCRIPT,  THE  REPORT  OF THE HEARING OFFICER, AND THE
 REPORT OF THE REGENTS REVIEW COMMITTEE, (II) SHALL  DECIDE  WHETHER  THE
 RESPONDENT HAS VIOLATED EACH CHARGE IN THE CEASE AND DESIST ORDER, (III)
 SHALL  DECIDE  WHAT  PENALTIES,  IF ANY, TO IMPOSE AS PRESCRIBED IN THIS
 SECTION, AND (IV) SHALL ISSUE AN ORDER TO CARRY OUT ITS DECISIONS.  SUCH
 DECISIONS  SHALL  REQUIRE  THE  AFFIRMATIVE  VOTE  OF  A MAJORITY OF THE
 MEMBERS OF THE DEPARTMENT. THE ORDER SHALL BE SERVED UPON THE RESPONDENT
 PERSONALLY OR BY CERTIFIED MAIL TO THE RESPONDENT'S LAST  KNOWN  ADDRESS
 AND  SUCH  SERVICE  SHALL  BE  EFFECTIVE  AS OF THE DATE OF THE PERSONAL
 SERVICE OR FIVE DAYS AFTER MAILING BY CERTIFIED MAIL. THE  DECISIONS  OF
 THE DEPARTMENT UNDER THIS SECTION MAY BE REVIEWED IN A PROCEEDING PURSU-
 ANT TO ARTICLE SEVENTY-EIGHT OF THE CIVIL PRACTICE LAW AND RULES BROUGHT
 IN THE SUPREME COURT, ALBANY COUNTY.  SUCH DECISIONS SHALL NOT BE STAYED
 OR  ENJOINED  EXCEPT  UPON APPLICATION TO SUCH SUPREME COURT PURSUANT TO
 ARTICLE SIXTY-THREE OF THE CIVIL PRACTICE LAW AND RULES WITH  NOTICE  TO
 THE DEPARTMENT AND TO THE ATTORNEY GENERAL.
   8.  GENERAL  ENFORCEMENT  OF CEASE AND DESIST ORDER. IN ANY CASE WHERE
 THE CEASE AND DESIST ORDER IS CONFIRMED BY THE DEPARTMENT OR  WHERE  THE
 RESPONDENT  DOES NOT REQUEST AN ADMINISTRATIVE HEARING WITHIN THE ALLOT-
 TED TIME OR DOES NOT APPEAL THE DECISION OF THE HEARING  OFFICER  WITHIN
 THE  ALLOTTED  TIME, AN ACTION OR PROCEEDING MAY BE FILED IN THE NAME OF
 THE STATE OF NEW YORK SEEKING A RESTRAINING ORDER, INJUNCTION, APPROPRI-
 ATE WRIT, OR JUDGMENT AGAINST ANY PERSON WHO VIOLATES THE TERMS  OF  THE
 CEASE AND DESIST ORDER.
   9.  A.  SPECIAL ENFORCEMENT OF CIVIL MONETARY PENALTIES. PROVIDED THAT
 NO APPEAL IS PENDING ON THE IMPOSITION OF SUCH  CIVIL  PENALTY,  IN  THE
 S. 4007--A                         280                        A. 3007--A
 
 EVENT  SUCH  CIVIL  PENALTY IMPOSED BY THE DEPARTMENT REMAINS UNPAID, IN
 WHOLE OR IN PART, MORE THAN FORTY-FIVE DAYS  AFTER  WRITTEN  DEMAND  FOR
 PAYMENT HAS BEEN SENT BY FIRST CLASS MAIL TO THE ADDRESS OF THE RESPOND-
 ENT, A NOTICE OF IMPENDING DEFAULT JUDGMENT SHALL BE SENT BY FIRST CLASS
 MAIL  TO  THE RESPONDENT. THE NOTICE OF IMPENDING DEFAULT JUDGMENT SHALL
 ADVISE THE RESPONDENT:
   (I) THAT A CIVIL PENALTY WAS IMPOSED ON THE RESPONDENT;
   (II) THE DATE THE PENALTY WAS IMPOSED;
   (III) THE AMOUNT OF THE CIVIL PENALTY;
   (IV) THE AMOUNT OF THE CIVIL PENALTY THAT REMAINS  UNPAID  AS  OF  THE
 DATE OF THE NOTICE;
   (V) THE VIOLATIONS FOR WHICH THE CIVIL PENALTY WAS IMPOSED; AND
   (VI)  THAT A JUDGMENT BY DEFAULT WILL BE ENTERED IN THE SUPREME COURT,
 ALBANY COUNTY UNLESS THE DEPARTMENT RECEIVES FULL PAYMENT OF  ALL  CIVIL
 PENALTIES  DUE WITHIN TWENTY DAYS OF THE DATE OF THE NOTICE OF IMPENDING
 DEFAULT JUDGMENT.
   B. IF FULL PAYMENT SHALL NOT HAVE  BEEN  RECEIVED  BY  THE  DEPARTMENT
 WITHIN  THIRTY  DAYS OF MAILING OF THE NOTICE OF IMPENDING DEFAULT JUDG-
 MENT, THE DEPARTMENT SHALL PROCEED TO ENTER WITH SUCH COURT A  STATEMENT
 OF  THE  DEFAULT JUDGMENT CONTAINING THE AMOUNT OF THE PENALTY OR PENAL-
 TIES REMAINING DUE AND UNPAID, ALONG WITH PROOF OF MAILING OF THE NOTICE
 OF IMPENDING DEFAULT JUDGMENT. THE FILING OF SUCH  JUDGMENT  SHALL  HAVE
 THE  FULL FORCE AND EFFECT OF A DEFAULT JUDGMENT DULY DOCKETED WITH SUCH
 COURT PURSUANT TO THE CIVIL PRACTICE LAW AND  RULES  AND  SHALL  IN  ALL
 RESPECTS  BE  GOVERNED  BY  THAT CHAPTER AND MAY BE ENFORCED IN THE SAME
 MANNER AND WITH THE SAME EFFECT AS THAT PROVIDED BY LAW  IN  RESPECT  TO
 EXECUTION ISSUED AGAINST PROPERTY UPON JUDGMENTS OF A COURT OF RECORD. A
 JUDGMENT ENTERED PURSUANT TO THIS SUBDIVISION SHALL REMAIN IN FULL FORCE
 AND EFFECT FOR EIGHT YEARS NOTWITHSTANDING ANY OTHER PROVISION OF LAW.
 
                                  TITLE 2
                                 MEDICINE
 SECTION 6520. INTRODUCTION.
         6521. DEFINITION OF PRACTICE OF MEDICINE.
         6522. PRACTICE OF MEDICINE AND USE OF TITLE "PHYSICIAN".
         6523. STATE BOARD FOR MEDICINE.
         6524. REQUIREMENTS FOR A PROFESSIONAL LICENSE.
         6525. LIMITED PERMITS.
         6526. EXEMPT PERSONS.
         6527. SPECIAL PROVISIONS.
         6528. QUALIFICATION OF CERTAIN APPLICANTS FOR LICENSURE.
         6529. POWER OF DEPARTMENT REGARDING CERTAIN PHYSICIANS.
   §  6520.  INTRODUCTION.  THIS TITLE APPLIES TO THE PROFESSION OF MEDI-
 CINE. THE GENERAL PROVISIONS FOR ALL PROFESSIONS CONTAINED IN TITLE  ONE
 OF THIS ARTICLE APPLY TO THIS TITLE.
   §  6521.  DEFINITION  OF  PRACTICE  OF  MEDICINE.  THE PRACTICE OF THE
 PROFESSION OF MEDICINE IS DEFINED AS DIAGNOSING, TREATING, OPERATING  OR
 PRESCRIBING  FOR  ANY HUMAN DISEASE, PAIN, INJURY, DEFORMITY OR PHYSICAL
 CONDITION.
   § 6522. PRACTICE OF MEDICINE AND USE  OF  TITLE  "PHYSICIAN".  ONLY  A
 PERSON  LICENSED OR OTHERWISE AUTHORIZED UNDER THIS TITLE SHALL PRACTICE
 MEDICINE OR USE THE TITLE "PHYSICIAN".
   § 6523. STATE BOARD FOR MEDICINE. A STATE BOARD FOR MEDICINE SHALL  BE
 APPOINTED  BY  THE  DEPARTMENT ON RECOMMENDATION OF THE COMMISSIONER FOR
 THE PURPOSE OF ASSISTING THE DEPARTMENT AND THE COMMISSIONER ON  MATTERS
 OF  PROFESSIONAL LICENSING IN ACCORDANCE WITH SECTION SIXTY-FIVE HUNDRED
 S. 4007--A                         281                        A. 3007--A
 
 EIGHT OF THIS ARTICLE. THE STATE BOARD OF MEDICINE SHALL BE COMPOSED  OF
 NOT LESS THAN TWENTY PHYSICIANS LICENSED IN THIS STATE FOR AT LEAST FIVE
 YEARS,  TWO  OF  WHOM SHALL BE DOCTORS OF OSTEOPATHY. TO THE EXTENT SUCH
 PHYSICIAN  APPOINTEES ARE AVAILABLE FOR APPOINTMENT, AT LEAST ONE OF THE
 PHYSICIAN APPOINTEES TO THE STATE BOARD FOR MEDICINE SHALL BE AN  EXPERT
 ON  REDUCING  HEALTH  DISPARITIES  AMONG  DEMOGRAPHIC SUBGROUPS, AND ONE
 SHALL BE AN EXPERT ON WOMEN'S HEALTH. THE STATE BOARD FOR MEDICINE SHALL
 ALSO CONSIST OF NOT LESS THAN TWO  PHYSICIAN'S  ASSISTANTS  LICENSED  TO
 PRACTICE  IN  THIS  STATE.  THE  PARTICIPATION  OF PHYSICIAN'S ASSISTANT
 MEMBERS SHALL BE LIMITED TO MATTERS RELATING TO TITLE FOUR OF THIS ARTI-
 CLE. AN EXECUTIVE SECRETARY TO THE STATE  BOARD  OF  MEDICINE  SHALL  BE
 APPOINTED  BY  THE  DEPARTMENT ON RECOMMENDATION OF THE COMMISSIONER AND
 SHALL BE EITHER A PHYSICIAN LICENSED IN THIS STATE OR  A  NON-PHYSICIAN,
 DEEMED QUALIFIED BY THE COMMISSIONER AND DEPARTMENT.
   §  6524.  REQUIREMENTS  FOR  A  PROFESSIONAL LICENSE. TO QUALIFY FOR A
 LICENSE AS  A  PHYSICIAN,  AN  APPLICANT  SHALL  FULFILL  THE  FOLLOWING
 REQUIREMENTS:
   1. APPLICATION: FILE AN APPLICATION WITH THE DEPARTMENT;
   2. EDUCATION: HAVE RECEIVED AN EDUCATION, INCLUDING A DEGREE OF DOCTOR
 OF  MEDICINE,  "M.D.",  OR  DOCTOR  OF OSTEOPATHY, "D.O.", OR EQUIVALENT
 DEGREE IN ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS;
   3. EXPERIENCE: HAVE EXPERIENCE SATISFACTORY  TO  THE  STATE  BOARD  OF
 MEDICINE AND IN ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS;
   4. EXAMINATION: PASS AN EXAMINATION SATISFACTORY TO THE STATE BOARD OF
 MEDICINE AND IN ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS;
   5. AGE: BE AT LEAST TWENTY-ONE YEARS OF AGE; HOWEVER, THE COMMISSIONER
 MAY  WAIVE  THE AGE REQUIREMENT FOR APPLICANTS WHO HAVE ATTAINED THE AGE
 OF EIGHTEEN AND WILL BE IN A RESIDENCY PROGRAM UNTIL THE AGE OF  TWENTY-
 ONE;
   6. CITIZENSHIP OR IMMIGRATION STATUS: BE A UNITED STATES CITIZEN OR AN
 ALIEN  LAWFULLY  ADMITTED  FOR PERMANENT RESIDENCE IN THE UNITED STATES;
 PROVIDED, HOWEVER THAT THE DEPARTMENT MAY GRANT A THREE YEAR WAIVER  FOR
 AN  ALIEN  PHYSICIAN TO PRACTICE IN AN AREA WHICH HAS BEEN DESIGNATED BY
 THE DEPARTMENT AS MEDICALLY UNDERSERVED, EXCEPT THAT THE DEPARTMENT  MAY
 GRANT AN ADDITIONAL EXTENSION NOT TO EXCEED SIX YEARS TO AN ALIEN PHYSI-
 CIAN  TO  ENABLE  HIM OR HER TO SECURE CITIZENSHIP OR PERMANENT RESIDENT
 STATUS, PROVIDED SUCH STATUS IS BEING  ACTIVELY  PURSUED;  AND  PROVIDED
 FURTHER  THAT  THE DEPARTMENT MAY GRANT AN ADDITIONAL THREE YEAR WAIVER,
 AND AT ITS EXPIRATION, AN EXTENSION FOR A PERIOD NOT TO EXCEED SIX ADDI-
 TIONAL YEARS, FOR THE HOLDER OF AN H-1B VISA, AN O-1 VISA, OR AN  EQUIV-
 ALENT OR SUCCESSOR VISA THERETO;
   7.  CHARACTER: BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE DEPART-
 MENT; AND
   8. FEES: PAY A FEE OF TWO HUNDRED SIXTY DOLLARS TO THE DEPARTMENT  FOR
 ADMISSION  TO  A  DEPARTMENT  CONDUCTED  EXAMINATION  AND FOR AN INITIAL
 LICENSE, A FEE OF ONE HUNDRED SEVENTY-FIVE DOLLARS FOR  EACH  REEXAMINA-
 TION,  A  FEE  OF ONE HUNDRED THIRTY-FIVE DOLLARS FOR AN INITIAL LICENSE
 FOR PERSONS NOT REQUIRING ADMISSION TO A DEPARTMENT  CONDUCTED  EXAMINA-
 TION,  A  FEE OF FIVE HUNDRED SEVENTY DOLLARS FOR ANY BIENNIAL REGISTRA-
 TION PERIOD COMMENCING AUGUST FIRST,  NINETEEN  HUNDRED  NINETY-SIX  AND
 THEREAFTER. THE COMPTROLLER IS HEREBY AUTHORIZED AND DIRECTED TO DEPOSIT
 THE  FEE  FOR EACH BIENNIAL REGISTRATION PERIOD INTO THE SPECIAL REVENUE
 FUNDS-OTHER ENTITLED "PROFESSIONAL  MEDICAL  CONDUCT  ACCOUNT"  FOR  THE
 PURPOSE  OF  OFFSETTING  ANY  EXPENDITURES  MADE PURSUANT TO SECTION TWO
 HUNDRED THIRTY OF THIS CHAPTER IN  RELATION  TO  THE  OPERATION  OF  THE
 OFFICE  OF  PROFESSIONAL MEDICAL CONDUCT WITHIN THE DEPARTMENT, PROVIDED
 S. 4007--A                         282                        A. 3007--A
 
 THAT FOR EACH BIENNIAL REGISTRATION FEE PAID BY  THE  LICENSEE  USING  A
 CREDIT  CARD,  THE  AMOUNT  OF  THE  ADMINISTRATIVE  FEE INCURRED BY THE
 DEPARTMENT IN PROCESSING SUCH CREDIT CARD TRANSACTION SHALL BE DEPOSITED
 BY  THE COMPTROLLER IN THE OFFICE OF THE PROFESSIONS ACCOUNT ESTABLISHED
 BY SECTION NINETY-SEVEN-NNN OF THE STATE FINANCE LAW. THE AMOUNT OF  THE
 FUNDS  EXPENDED  AS  A RESULT OF SUCH INCREASE SHALL NOT BE GREATER THAN
 SUCH FEES COLLECTED OVER THE REGISTRATION PERIOD.
   9. FOR EVERY LICENSE OR REGISTRATION ISSUED AFTER THE  EFFECTIVE  DATE
 OF  THIS  SUBDIVISION, AN ADDITIONAL FEE OF THIRTY DOLLARS SHALL BE PAID
 AND DEPOSITED IN THE SPECIAL REVENUE  FUND  ENTITLED  "THE  PROFESSIONAL
 MEDICAL  CONDUCT ACCOUNT" FOR THE PURPOSE OF OFFSETTING ANY EXPENDITURES
 MADE PURSUANT TO SUBDIVISION FIFTEEN OF SECTION TWO  HUNDRED  THIRTY  OF
 THIS  CHAPTER.  THE AMOUNT OF SUCH FUNDS EXPENDED FOR SUCH PURPOSE SHALL
 NOT BE GREATER THAN SUCH ADDITIONAL FEES COLLECTED  OVER  THE  LICENSURE
 PERIOD  OR  FOR  THE DURATION OF SUCH PROGRAM IF LESS THAN THE LICENSURE
 PERIOD.
   10. A PHYSICIAN SHALL NOT BE  REQUIRED  TO  PAY  ANY  FEE  UNDER  THIS
 SECTION  IF HE OR SHE CERTIFIES TO THE DEPARTMENT THAT FOR THE PERIOD OF
 REGISTRATION OR LICENSURE, HE OR SHE SHALL ONLY PRACTICE MEDICINE  WITH-
 OUT  COMPENSATION  OR  THE  EXPECTATION  OR PROMISE OF COMPENSATION. THE
 FOLLOWING SHALL NOT BE CONSIDERED COMPENSATION FOR THE PURPOSES OF  THIS
 SUBDIVISION:
   A.  NOMINAL PAYMENT SOLELY TO ENABLE THE PHYSICIAN TO BE CONSIDERED AN
 EMPLOYEE OF A HEALTH CARE PROVIDER; OR
   B. PROVIDING LIABILITY COVERAGE  TO  THE  PHYSICIAN  RELATING  TO  THE
 SERVICES PROVIDED.
   11. NO PHYSICIAN MAY BE RE-REGISTERED UNLESS HE OR SHE, AS PART OF THE
 RE-REGISTRATION  APPLICATION, INCLUDES AN ATTESTATION MADE UNDER PENALTY
 OF PERJURY, IN A FORM PRESCRIBED BY THE COMMISSIONER,  THAT  HE  OR  SHE
 HAS,  WITHIN  THE  SIX MONTHS PRIOR TO SUBMISSION OF THE RE-REGISTRATION
 APPLICATION, UPDATED HIS OR HER PHYSICIAN  PROFILE  IN  ACCORDANCE  WITH
 SUBDIVISION  FOUR  OF  SECTION TWENTY-NINE HUNDRED NINETY-FIVE-A OF THIS
 CHAPTER.
   § 6525. LIMITED PERMITS. PERMITS LIMITED AS TO  ELIGIBILITY,  PRACTICE
 AND  DURATION, SHALL BE ISSUED BY THE DEPARTMENT TO ELIGIBLE APPLICANTS,
 AS FOLLOWS:
   1. ELIGIBILITY: THE FOLLOWING PERSONS SHALL BE ELIGIBLE FOR A  LIMITED
 PERMIT:
   A. A PERSON WHO FULFILLS ALL REQUIREMENTS FOR A LICENSE AS A PHYSICIAN
 EXCEPT  THOSE  RELATING  TO THE EXAMINATION AND CITIZENSHIP OR PERMANENT
 RESIDENCE IN THE UNITED STATES;
   B. A FOREIGN PHYSICIAN WHO  HOLDS  A  STANDARD  CERTIFICATE  FROM  THE
 EDUCATIONAL  COUNCIL  FOR FOREIGN MEDICAL GRADUATES OR WHO HAS PASSED AN
 EXAMINATION SATISFACTORY TO THE STATE BOARD FOR MEDICINE AND IN  ACCORD-
 ANCE WITH THE COMMISSIONER'S REGULATIONS; OR
   C. A FOREIGN PHYSICIAN OR A FOREIGN INTERN WHO IS IN THIS COUNTRY ON A
 NON-IMMIGRATION  VISA FOR THE CONTINUATION OF MEDICAL STUDY, PURSUANT TO
 THE EXCHANGE STUDENT PROGRAM OF THE UNITED STATES DEPARTMENT OF STATE.
   2. LIMIT OF PRACTICE. A PERMITTEE  SHALL  BE  AUTHORIZED  TO  PRACTICE
 MEDICINE  ONLY UNDER THE SUPERVISION OF A LICENSED PHYSICIAN AND ONLY IN
 A PUBLIC, VOLUNTARY, OR PROPRIETARY HOSPITAL.
   3. DURATION. A LIMITED PERMIT SHALL BE VALID FOR TWO YEARS. IT MAY  BE
 RENEWED BIENNIALLY AT THE DISCRETION OF THE DEPARTMENT.
   4. FEES. THE FEE FOR EACH LIMITED PERMIT AND FOR EACH RENEWAL SHALL BE
 ONE HUNDRED FIVE DOLLARS.
 S. 4007--A                         283                        A. 3007--A
 
   §  6526.  EXEMPT  PERSONS.  THE  FOLLOWING PERSONS UNDER THE FOLLOWING
 LIMITATIONS MAY PRACTICE MEDICINE WITHIN THE STATE WITHOUT A LICENSE:
   1.  ANY  PHYSICIAN WHO IS EMPLOYED AS A RESIDENT IN A PUBLIC HOSPITAL,
 PROVIDED SUCH PRACTICE IS LIMITED TO SUCH  HOSPITAL  AND  IS  UNDER  THE
 SUPERVISION OF A LICENSED PHYSICIAN;
   2.  ANY PHYSICIAN WHO IS LICENSED IN A BORDERING STATE AND WHO RESIDES
 NEAR A BORDER OF THIS STATE, PROVIDED SUCH PRACTICE IS LIMITED  IN  THIS
 STATE  TO  THE  VICINITY OF SUCH BORDER AND PROVIDED SUCH PHYSICIAN DOES
 NOT MAINTAIN AN OFFICE OR PLACE TO MEET PATIENTS OR RECEIVE CALLS WITHIN
 THIS STATE;
   3. ANY PHYSICIAN WHO IS LICENSED IN ANOTHER STATE OR COUNTRY  AND  WHO
 IS MEETING A PHYSICIAN LICENSED IN THIS STATE, FOR PURPOSES OF CONSULTA-
 TION, PROVIDED SUCH PRACTICE IS LIMITED TO SUCH CONSULTATION;
   4.  ANY  PHYSICIAN WHO IS LICENSED IN ANOTHER STATE OR COUNTRY, WHO IS
 VISITING A MEDICAL SCHOOL OR TEACHING HOSPITAL IN THIS STATE TO  RECEIVE
 MEDICAL  INSTRUCTION FOR A PERIOD NOT TO EXCEED SIX MONTHS OR TO CONDUCT
 MEDICAL INSTRUCTION, PROVIDED SUCH PRACTICE IS LIMITED TO SUCH  INSTRUC-
 TION AND IS UNDER THE SUPERVISION OF A LICENSED PHYSICIAN;
   5. ANY PHYSICIAN WHO IS AUTHORIZED BY A FOREIGN GOVERNMENT TO PRACTICE
 IN  RELATION  TO  ITS  DIPLOMATIC, CONSULAR OR MARITIME STAFFS, PROVIDED
 SUCH PRACTICE IS LIMITED TO SUCH STAFFS;
   6. ANY COMMISSIONED MEDICAL OFFICER  WHO  IS  SERVING  IN  THE  UNITED
 STATES  ARMED  FORCES  OR  PUBLIC HEALTH SERVICE OR ANY PHYSICIAN WHO IS
 EMPLOYED IN THE UNITED STATES  VETERANS  ADMINISTRATION,  PROVIDED  SUCH
 PRACTICE IS LIMITED TO SUCH SERVICE OR EMPLOYMENT;
   7. ANY INTERN WHO IS EMPLOYED BY A HOSPITAL AND WHO IS A GRADUATE OF A
 MEDICAL SCHOOL IN THE UNITED STATES OR CANADA, PROVIDED SUCH PRACTICE IS
 LIMITED  TO  SUCH  HOSPITAL  AND  IS UNDER THE SUPERVISION OF A LICENSED
 PHYSICIAN;
   8. ANY MEDICAL STUDENT WHO IS PERFORMING A CLINICAL CLERKSHIP OR SIMI-
 LAR FUNCTION IN A HOSPITAL AND WHO IS MATRICULATED IN A  MEDICAL  SCHOOL
 WHICH  MEETS  STANDARDS  SATISFACTORY  TO  THE DEPARTMENT, PROVIDED SUCH
 PRACTICE IS LIMITED TO SUCH CLERKSHIP OR SIMILAR FUNCTION IN SUCH HOSPI-
 TAL;
   9. ANY DENTIST OR DENTAL SCHOOL GRADUATE ELIGIBLE FOR LICENSURE IN THE
 STATE WHO ADMINISTERS ANESTHESIA AS PART OF A HOSPITAL RESIDENCY PROGRAM
 ESTABLISHED FOR THE PURPOSE OF TRAINING DENTISTS IN ANESTHESIOLOGY; OR
   10. A. ANY PHYSICIAN WHO IS LICENSED AND IN GOOD STANDING  IN  ANOTHER
 STATE  OR  TERRITORY, AND WHO HAS A WRITTEN AGREEMENT TO PROVIDE MEDICAL
 SERVICES TO ATHLETES AND TEAM PERSONNEL OF A UNITED STATES  SPORTS  TEAM
 RECOGNIZED  BY  THE  UNITED  STATES OLYMPIC COMMITTEE OR AN OUT-OF-STATE
 SECONDARY SCHOOL, INSTITUTION OF  POSTSECONDARY  EDUCATION,  OR  PROFES-
 SIONAL  ATHLETIC  ORGANIZATION SPORTS TEAM, MAY PROVIDE MEDICAL SERVICES
 TO SUCH ATHLETES AND TEAM PERSONNEL AT A DISCRETE SANCTIONED TEAM SPORT-
 ING EVENT IN THIS STATE AS DEFINED BY THE COMMISSIONER  IN  REGULATIONS,
 PROVIDED  SUCH  SERVICES  ARE  PROVIDED  ONLY  TO SUCH ATHLETES AND TEAM
 PERSONNEL AT THE DISCRETE  SANCTIONED  TEAM  SPORTING  EVENT.  ANY  SUCH
 MEDICAL  SERVICES  SHALL BE PROVIDED ONLY FIVE DAYS BEFORE THROUGH THREE
 DAYS AFTER EACH DISCRETE SANCTIONED TEAM SPORTING EVENT.
   B. ANY PERSON PRACTICING AS A PHYSICIAN IN NEW YORK STATE PURSUANT  TO
 THIS  SUBDIVISION  SHALL  BE  SUBJECT TO THE PERSONAL AND SUBJECT MATTER
 JURISDICTION AND DISCIPLINARY AND REGULATORY AUTHORITY OF THE DEPARTMENT
 AND THE STATE BOARD FOR PROFESSIONAL MEDICAL CONDUCT ESTABLISHED  PURSU-
 ANT  TO  SECTION TWO HUNDRED THIRTY OF THIS CHAPTER AS IF HE OR SHE IS A
 LICENSEE AND AS IF THE EXEMPTION  PURSUANT  TO  THIS  SUBDIVISION  IS  A
 LICENSE. SUCH INDIVIDUAL SHALL COMPLY WITH APPLICABLE PROVISIONS OF THIS
 S. 4007--A                         284                        A. 3007--A
 
 ARTICLE,  THIS CHAPTER, THE RULES OF THE DEPARTMENT, THE STATE BOARD FOR
 PROFESSIONAL MEDICAL CONDUCT ESTABLISHED PURSUANT TO SECTION TWO HUNDRED
 THIRTY OF THIS CHAPTER, AND THE REGULATIONS OF THE COMMISSIONER AND  THE
 COMMISSIONER  OF  HEALTH, RELATING TO PROFESSIONAL MISCONDUCT, DISCIPLI-
 NARY PROCEEDINGS AND PENALTIES FOR PROFESSIONAL MISCONDUCT.
   § 6527. SPECIAL PROVISIONS. 1.  A  NOT-FOR-PROFIT  MEDICAL  OR  DENTAL
 EXPENSE  INDEMNITY  CORPORATION OR A HOSPITAL SERVICE CORPORATION ORGAN-
 IZED UNDER THE INSURANCE LAW MAY EMPLOY LICENSED  PHYSICIANS  AND  ENTER
 INTO CONTRACTS WITH PARTNERSHIPS OR MEDICAL CORPORATIONS ORGANIZED UNDER
 ARTICLE  FORTY-FOUR  OF  THIS  CHAPTER, HEALTH MAINTENANCE ORGANIZATIONS
 POSSESSING A CERTIFICATE OF AUTHORITY PURSUANT TO ARTICLE FORTY-FOUR  OF
 THIS  CHAPTER, PROFESSIONAL CORPORATIONS ORGANIZED UNDER ARTICLE FIFTEEN
 OF THE BUSINESS CORPORATION LAW OR OTHER GROUPS OF PHYSICIANS  TO  PRAC-
 TICE  MEDICINE  ON ITS BEHALF FOR PERSONS INSURED UNDER ITS CONTRACTS OR
 POLICIES.
   2. NOTWITHSTANDING ANY INCONSISTENT PROVISION OF ANY GENERAL,  SPECIAL
 OR  LOCAL  LAW,  ANY  LICENSED PHYSICIAN WHO VOLUNTARILY AND WITHOUT THE
 EXPECTATION OF MONETARY COMPENSATION  RENDERS  FIRST  AID  OR  EMERGENCY
 TREATMENT  AT  THE  SCENE  OF  AN ACCIDENT OR OTHER EMERGENCY, OUTSIDE A
 HOSPITAL, DOCTOR'S OFFICE OR ANY OTHER PLACE HAVING PROPER AND NECESSARY
 MEDICAL EQUIPMENT, TO A PERSON WHO IS UNCONSCIOUS, ILL OR INJURED, SHALL
 NOT BE LIABLE FOR DAMAGES FOR INJURIES ALLEGED TO HAVE BEEN SUSTAINED BY
 SUCH PERSON OR FOR DAMAGES FOR THE DEATH OF SUCH PERSON ALLEGED TO  HAVE
 OCCURRED  BY REASON OF AN ACT OR OMISSION IN THE RENDERING OF SUCH FIRST
 AID OR EMERGENCY TREATMENT UNLESS IT IS ESTABLISHED THAT  SUCH  INJURIES
 WERE  OR  SUCH  DEATH WAS CAUSED BY GROSS NEGLIGENCE ON THE PART OF SUCH
 PHYSICIAN. NOTHING IN THIS SUBDIVISION SHALL BE DEEMED OR  CONSTRUED  TO
 RELIEVE  A LICENSED PHYSICIAN FROM LIABILITY FOR DAMAGES FOR INJURIES OR
 DEATH CAUSED BY AN ACT OR OMISSION ON THE  PART  OF  A  PHYSICIAN  WHILE
 RENDERING PROFESSIONAL SERVICES IN THE NORMAL AND ORDINARY COURSE OF HIS
 PRACTICE.
   3. NO INDIVIDUAL WHO SERVES AS A MEMBER OF:
   A.  A COMMITTEE ESTABLISHED TO ADMINISTER A UTILIZATION REVIEW PLAN OF
 A HOSPITAL, INCLUDING A HOSPITAL AS DEFINED IN ARTICLE  TWENTY-EIGHT  OF
 THIS CHAPTER OR A HOSPITAL AS DEFINED IN SUBDIVISION TEN OF SECTION 1.03
 OF THE MENTAL HYGIENE LAW;
   B.  A  COMMITTEE  HAVING THE RESPONSIBILITY OF THE INVESTIGATION OF AN
 INCIDENT REPORTED PURSUANT TO SECTION 29.29 OF THE MENTAL HYGIENE LAW OR
 THE EVALUATION AND IMPROVEMENT OF THE QUALITY  OF  CARE  RENDERED  IN  A
 HOSPITAL  AS DEFINED IN ARTICLE TWENTY-EIGHT OF THIS CHAPTER OR A HOSPI-
 TAL AS DEFINED IN SUBDIVISION TEN OF SECTION 1.03 OF THE MENTAL  HYGIENE
 LAW;
   C.  ANY  MEDICAL  REVIEW COMMITTEE OR SUBCOMMITTEE THEREOF OF A LOCAL,
 COUNTY OR STATE MEDICAL, DENTAL, PODIATRY OR OPTOMETRICAL  SOCIETY,  ANY
 SUCH  SOCIETY ITSELF, A PROFESSIONAL STANDARDS REVIEW ORGANIZATION OR AN
 INDIVIDUAL WHEN SUCH COMMITTEE, SUBCOMMITTEE, SOCIETY,  ORGANIZATION  OR
 INDIVIDUAL  IS  PERFORMING ANY MEDICAL OR QUALITY ASSURANCE REVIEW FUNC-
 TION INCLUDING THE INVESTIGATION OF AN  INCIDENT  REPORTED  PURSUANT  TO
 SECTION  29.29 OF THE MENTAL HYGIENE LAW, EITHER DESCRIBED IN PARAGRAPHS
 A AND B OF THIS SUBDIVISION, REQUIRED BY LAW, OR INVOLVING  ANY  CONTRO-
 VERSY OR DISPUTE BETWEEN (I) A PHYSICIAN, DENTIST, PODIATRIST OR OPTOME-
 TRIST  OR HOSPITAL ADMINISTRATOR AND A PATIENT CONCERNING THE DIAGNOSIS,
 TREATMENT OR CARE OF SUCH PATIENT OR THE FEES  OR  CHARGES  THEREFOR  OR
 (II)  A PHYSICIAN, DENTIST, PODIATRIST OR OPTOMETRIST OR HOSPITAL ADMIN-
 ISTRATOR AND A PROVIDER OF MEDICAL, DENTAL,  PODIATRIC  OR  OPTOMETRICAL
 S. 4007--A                         285                        A. 3007--A
 
 SERVICES CONCERNING ANY MEDICAL OR HEALTH CHARGES OR FEES OF SUCH PHYSI-
 CIAN, DENTIST, PODIATRIST OR OPTOMETRIST;
   D.  A  COMMITTEE  APPOINTED  PURSUANT  TO SECTION TWENTY-EIGHT HUNDRED
 FIVE-J OF THIS CHAPTER TO PARTICIPATE IN THE MEDICAL AND DENTAL MALPRAC-
 TICE PREVENTION PROGRAM;
   E. ANY INDIVIDUAL WHO PARTICIPATED  IN  THE  PREPARATION  OF  INCIDENT
 REPORTS  REQUIRED  BY THE DEPARTMENT OF HEALTH PURSUANT TO SECTION TWEN-
 TY-EIGHT HUNDRED FIVE-L OF THIS CHAPTER; OR 
   F. A COMMITTEE ESTABLISHED TO ADMINISTER A UTILIZATION REVIEW PLAN, OR
 A COMMITTEE HAVING THE RESPONSIBILITY OF EVALUATION AND  IMPROVEMENT  OF
 THE  QUALITY  OF  CARE  RENDERED,  IN  A HEALTH MAINTENANCE ORGANIZATION
 ORGANIZED UNDER ARTICLE FORTY-FOUR OF THIS  CHAPTER  OR  ARTICLE  FORTY-
 THREE OF THE INSURANCE LAW, INCLUDING A COMMITTEE OF AN INDIVIDUAL PRAC-
 TICE  ASSOCIATION  OR  MEDICAL  GROUP ACTING PURSUANT TO A CONTRACT WITH
 SUCH A HEALTH MAINTENANCE ORGANIZATION, SHALL BE LIABLE  IN  DAMAGES  TO
 ANY  PERSON  FOR ANY ACTION TAKEN OR RECOMMENDATIONS MADE, BY HIM OR HER
 WITHIN THE SCOPE OF HIS OR HER FUNCTION IN SUCH CAPACITY  PROVIDED  THAT
 (I)  SUCH INDIVIDUAL HAS TAKEN ACTION OR MADE RECOMMENDATIONS WITHIN THE
 SCOPE OF HIS OR HER FUNCTION AND WITHOUT MALICE, AND (II) IN THE REASON-
 ABLE BELIEF AFTER REASONABLE INVESTIGATION THAT THE ACT  OR  RECOMMENDA-
 TION WAS WARRANTED, BASED UPON THE FACTS DISCLOSED.
   NEITHER  THE  PROCEEDINGS NOR THE RECORDS RELATING TO PERFORMANCE OF A
 MEDICAL OR A QUALITY ASSURANCE REVIEW FUNCTION  OR  PARTICIPATION  IN  A
 MEDICAL  AND  DENTAL  MALPRACTICE  PREVENTION  PROGRAM  NOR  ANY  REPORT
 REQUIRED BY THE DEPARTMENT  PURSUANT  TO  SECTION  TWENTY-EIGHT  HUNDRED
 FIVE-L  OF THIS CHAPTER DESCRIBED HEREIN, INCLUDING THE INVESTIGATION OF
 AN INCIDENT REPORTED PURSUANT TO SECTION 29.29  OF  THE  MENTAL  HYGIENE
 LAW,  SHALL  BE  SUBJECT  TO  DISCLOSURE UNDER ARTICLE THIRTY-ONE OF THE
 CIVIL PRACTICE LAW AND  RULES  EXCEPT  AS  HEREINAFTER  PROVIDED  OR  AS
 PROVIDED  BY  ANY  OTHER  PROVISION OF LAW. NO PERSON IN ATTENDANCE AT A
 MEETING WHEN A MEDICAL OR A QUALITY ASSURANCE REVIEW OR  A  MEDICAL  AND
 DENTAL  MALPRACTICE PREVENTION PROGRAM OR AN INCIDENT REPORTING FUNCTION
 DESCRIBED HEREIN WAS PERFORMED, INCLUDING THE INVESTIGATION OF AN  INCI-
 DENT REPORTED PURSUANT TO SECTION 29.29 OF THE MENTAL HYGIENE LAW, SHALL
 BE  REQUIRED  TO  TESTIFY AS TO WHAT TRANSPIRED THEREAT. THE PROHIBITION
 RELATING TO DISCOVERY OF TESTIMONY SHALL NOT  APPLY  TO  THE  STATEMENTS
 MADE  BY ANY PERSON IN ATTENDANCE AT SUCH A MEETING WHO IS A PARTY TO AN
 ACTION OR PROCEEDING THE SUBJECT MATTER OF WHICH WAS  REVIEWED  AT  SUCH
 MEETING.
   4.  THIS TITLE SHALL NOT BE CONSTRUED TO AFFECT OR PREVENT THE FOLLOW-
 ING:
   A. THE FURNISHING OF MEDICAL ASSISTANCE IN AN EMERGENCY;
   B. THE PRACTICE OF THE RELIGIOUS TENETS OF ANY CHURCH;
   C. A PHYSICIAN FROM REFUSING TO PERFORM AN ACT CONSTITUTING THE  PRAC-
 TICE OF MEDICINE TO WHICH HE OR SHE IS CONSCIENTIOUSLY OPPOSED BY REASON
 OF RELIGIOUS TRAINING AND BELIEF;
   D.  THE ORGANIZATION OF A MEDICAL CORPORATION UNDER ARTICLE FORTY-FOUR
 OF THIS CHAPTER, THE  ORGANIZATION  OF  A  UNIVERSITY  FACULTY  PRACTICE
 CORPORATION  UNDER SECTION FOURTEEN HUNDRED TWELVE OF THE NOT-FOR-PROFIT
 CORPORATION LAW OR THE ORGANIZATION OF  A  PROFESSIONAL  SERVICE  CORPO-
 RATION UNDER ARTICLE FIFTEEN OF THE BUSINESS CORPORATION LAW; OR
   E.  THE PHYSICIAN'S USE OF WHATEVER MEDICAL CARE, CONVENTIONAL OR NON-
 CONVENTIONAL, WHICH EFFECTIVELY  TREATS  HUMAN  DISEASE,  PAIN,  INJURY,
 DEFORMITY OR PHYSICAL CONDITION.
   5.  THERE  SHALL BE NO MONETARY LIABILITY ON THE PART OF, AND NO CAUSE
 OF ACTION FOR DAMAGES SHALL  ARISE  AGAINST,  ANY  PERSON,  PARTNERSHIP,
 S. 4007--A                         286                        A. 3007--A
 
 CORPORATION,  FIRM,  SOCIETY, OR OTHER ENTITY ON ACCOUNT OF THE COMMUNI-
 CATION OF INFORMATION IN THE POSSESSION OF SUCH PERSON OR ENTITY, OR  ON
 ACCOUNT  OF  ANY  RECOMMENDATION OR EVALUATION, REGARDING THE QUALIFICA-
 TIONS,  FITNESS, OR PROFESSIONAL CONDUCT OR PRACTICES OF A PHYSICIAN, TO
 ANY GOVERNMENTAL AGENCY, MEDICAL OR SPECIALISTS SOCIETY, A  HOSPITAL  AS
 DEFINED  IN ARTICLE TWENTY-EIGHT OF THE PUBLIC HEALTH LAW, A HOSPITAL AS
 DEFINED IN SUBDIVISION TEN OF SECTION 1.03 OF THE MENTAL HYGIENE LAW, OR
 A HEALTH MAINTENANCE ORGANIZATION ORGANIZED UNDER ARTICLE FORTY-FOUR  OF
 THIS  CHAPTER  OR  ARTICLE FORTY-THREE OF THE INSURANCE LAW, INCLUDING A
 COMMITTEE OF AN INDIVIDUAL PRACTICE ASSOCIATION OR MEDICAL GROUP  ACTING
 PURSUANT TO A CONTRACT WITH A HEALTH MAINTENANCE ORGANIZATION. THE FORE-
 GOING  SHALL  NOT  APPLY TO INFORMATION WHICH IS UNTRUE AND COMMUNICATED
 WITH MALICIOUS INTENT.
   6. A LICENSED PHYSICIAN MAY PRESCRIBE AND ORDER A NON-PATIENT SPECIFIC
 REGIMEN TO A REGISTERED  PROFESSIONAL  NURSE,  PURSUANT  TO  REGULATIONS
 PROMULGATED BY THE COMMISSIONER, AND CONSISTENT WITH THIS CHAPTER, FOR:
   A. ADMINISTERING IMMUNIZATIONS.
   B. THE EMERGENCY TREATMENT OF ANAPHYLAXIS.
   C.  ADMINISTERING  PURIFIED  PROTEIN  DERIVATIVE  (PPD) TESTS OR OTHER
 TESTS TO DETECT OR SCREEN FOR TUBERCULOSIS INFECTIONS.
   D. ADMINISTERING TESTS TO DETERMINE THE PRESENCE OF THE HUMAN  IMMUNO-
 DEFICIENCY VIRUS.
   E.  ADMINISTERING  TESTS  TO DETERMINE THE PRESENCE OF THE HEPATITIS C
 VIRUS.
   F. THE URGENT OR EMERGENCY TREATMENT OF  OPIOID  RELATED  OVERDOSE  OR
 SUSPECTED OPIOID RELATED OVERDOSE.
   G.  SCREENING  OF PERSONS AT INCREASED RISK OF SYPHILIS, GONORRHEA AND
 CHLAMYDIA.
   7. A LICENSED PHYSICIAN MAY PRESCRIBE AND  ORDER  A  PATIENT  SPECIFIC
 ORDER OR NON-PATIENT SPECIFIC REGIMEN TO A LICENSED PHARMACIST, PURSUANT
 TO REGULATIONS PROMULGATED BY THE COMMISSIONER, AND CONSISTENT WITH THIS
 CHAPTER, FOR:
   A.  ADMINISTERING  IMMUNIZATIONS  TO PREVENT INFLUENZA TO PATIENTS TWO
 YEARS OF AGE OR OLDER;
   B. ADMINISTERING IMMUNIZATIONS TO PREVENT PNEUMOCOCCAL,  ACUTE  HERPES
 ZOSTER,  HEPATITIS A, HEPATITIS B, HUMAN PAPILLOMAVIRUS, MEASLES, MUMPS,
 RUBELLA, VARICELLA,  COVID-19,  MENINGOCOCCAL,  TETANUS,  DIPHTHERIA  OR
 PERTUSSIS  DISEASE  AND  MEDICATIONS REQUIRED FOR EMERGENCY TREATMENT OF
 ANAPHYLAXIS TO PATIENTS EIGHTEEN YEARS OF AGE OR OLDER; AND 
   C. ADMINISTERING  OTHER  IMMUNIZATIONS  RECOMMENDED  BY  THE  ADVISORY
 COMMITTEE  ON  IMMUNIZATION PRACTICES OF THE CENTERS FOR DISEASE CONTROL
 AND PREVENTION FOR PATIENTS EIGHTEEN  YEARS  OF  AGE  OR  OLDER  IF  THE
 COMMISSIONER  DETERMINES  THAT  AN  IMMUNIZATION:  (I) (A) MAY BE SAFELY
 ADMINISTERED BY A LICENSED PHARMACIST WITHIN THEIR LAWFUL SCOPE OF PRAC-
 TICE; AND (B) IS NEEDED TO PREVENT  THE  TRANSMISSION  OF  A  REPORTABLE
 COMMUNICABLE  DISEASE  THAT IS PREVALENT IN NEW YORK STATE; OR (II) IS A
 RECOMMENDED IMMUNIZATION FOR SUCH PATIENTS WHO: (A)  MEET  AGE  REQUIRE-
 MENTS, (B) LACK DOCUMENTATION OF SUCH IMMUNIZATION, (C) LACK EVIDENCE OF
 PAST  INFECTION,  OR (D) HAVE AN ADDITIONAL RISK FACTOR OR ANOTHER INDI-
 CATION AS RECOMMENDED BY THE ADVISORY COMMITTEE  ON  IMMUNIZATION  PRAC-
 TICES OF THE CENTERS FOR DISEASE CONTROL AND PREVENTION. NOTHING IN THIS
 SUBDIVISION  SHALL  AUTHORIZE UNLICENSED PERSONS TO ADMINISTER IMMUNIZA-
 TIONS, VACCINES OR OTHER DRUGS.
   8. A LICENSED PHYSICIAN MAY PRESCRIBE AND  ORDER  A  PATIENT  SPECIFIC
 ORDER  OR  NON-PATIENT SPECIFIC ORDER TO A LICENSED PHARMACIST, PURSUANT
 TO REGULATIONS PROMULGATED BY THE COMMISSIONER, AND CONSISTENT WITH THIS
 S. 4007--A                         287                        A. 3007--A
 
 CHAPTER, FOR DISPENSING UP TO A SEVEN DAY STARTER PACK OF HIV POST-EXPO-
 SURE PROPHYLAXIS FOR THE PURPOSE OF  PREVENTING  HUMAN  IMMUNODEFICIENCY
 VIRUS INFECTION FOLLOWING A POTENTIAL HUMAN IMMUNODEFICIENCY VIRUS EXPO-
 SURE.
   9. NOTHING IN THIS TITLE SHALL PROHIBIT THE PROVISION OF PSYCHOTHERAPY
 AS DEFINED IN SUBDIVISION TWO OF SECTION EIGHTY-FOUR HUNDRED ONE OF THIS
 ARTICLE  TO THE EXTENT PERMISSIBLE WITHIN THE SCOPE OF PRACTICE OF MEDI-
 CINE, BY ANY NOT-FOR-PROFIT CORPORATION OR EDUCATION CORPORATION PROVID-
 ING SERVICES WITHIN THE STATE OF NEW YORK AND OPERATING UNDER  A  WAIVER
 PURSUANT TO SECTION SIXTY-FIVE HUNDRED THREE-A OF THIS ARTICLE, PROVIDED
 THAT  SUCH  ENTITIES  OFFERING  SUCH  PSYCHOTHERAPY  SERVICES SHALL ONLY
 PROVIDE SUCH SERVICES THROUGH AN INDIVIDUAL  APPROPRIATELY  LICENSED  OR
 OTHERWISE  AUTHORIZED  TO PROVIDE SUCH SERVICES OR A PROFESSIONAL ENTITY
 AUTHORIZED BY LAW TO PROVIDE SUCH SERVICES.
   10. A. NOTHING IN THIS TITLE SHALL BE CONSTRUED TO AFFECT OR PREVENT A
 PERSON IN TRAINING OR TRAINED AND  DEEMED  QUALIFIED  BY  A  SUPERVISING
 LICENSED  PHYSICIAN,  TO  ASSIST THE LICENSED PHYSICIAN IN THE CARE OF A
 PATIENT FOR THE PURPOSE OF INSTILLING MYDRIATIC OR CYCLOPLEGIC EYE DROPS
 AND ANESTHETIC EYE DROPS IN CONJUNCTION WITH SUCH DILATING DROPS TO  THE
 SURFACE  OF  THE  EYE  OF A PATIENT, PROVIDED THAT THE PERSON INSTILLING
 SUCH EYE DROPS IS:
   (I) UNDER THE ON-SITE SUPERVISION OF A SUPERVISING LICENSED PHYSICIAN;
   (II) AT LEAST EIGHTEEN YEARS OF AGE; AND
   (III) COMPLIES WITH STANDARDS ISSUED BY THE DEPARTMENT.
   B. THE SUPERVISING LICENSED PHYSICIAN SHALL SUBMIT A  FORM  PRESCRIBED
 BY  THE  DEPARTMENT  DETAILING  THE  IDENTITY  OF EACH PERSON INSTILLING
 MYDRIATIC OR CYCLOPLEGIC EYE DROPS AND ANESTHETIC EYE DROPS IN  CONJUNC-
 TION  WITH  SUCH  DILATING DROPS TO THE SURFACE OF THE EYE OF A PATIENT,
 UNDER HIS OR HER SUPERVISION, ATTESTING TO  COMPLIANCE  WITH  THE  ABOVE
 REQUIREMENTS.
   C.  THE SUPERVISING LICENSED PHYSICIAN'S USE OF ANY SUCH PERSON PURSU-
 ANT TO THE TERMS OF THIS SUBDIVISION SHALL BE  UNDERTAKEN  WITH  PROFES-
 SIONAL  JUDGMENT  IN  ORDER  TO  ENSURE THE SAFETY AND WELL-BEING OF THE
 PATIENT. SUCH USE SHALL SUBJECT  THE  LICENSED  PHYSICIAN  TO  THE  FULL
 DISCIPLINARY  AND  REGULATORY  AUTHORITY  OF  THE OFFICE OF PROFESSIONAL
 MEDICAL CONDUCT AND THE DEPARTMENT. THE LICENSED PHYSICIAN  MUST  NOTIFY
 THE  PATIENT  OR THE PATIENT'S DESIGNATED HEALTH CARE SURROGATE THAT THE
 LICENSED PHYSICIAN MAY UTILIZE THE SERVICES OF AN INDIVIDUAL TO ADMINIS-
 TER CERTAIN EYE DROPS AND MUST PROVIDE  THE  PATIENT  OR  THE  PATIENT'S
 DESIGNATED  HEALTH CARE SURROGATE THE OPPORTUNITY TO REFUSE THE LICENSED
 PHYSICIAN'S PLAN TO UTILIZE SUCH PERSON.
   11. A LICENSED PHYSICIAN MAY PRESCRIBE AND ORDER A NON-PATIENT-SPECIF-
 IC REGIMEN TO A LICENSED PHARMACIST, FOR INSULIN  AND  RELATED  SUPPLIES
 PURSUANT TO SECTION SIXTY-EIGHT HUNDRED ONE OF THIS ARTICLE.
   §   6528.  QUALIFICATION  OF  CERTAIN  APPLICANTS  FOR  LICENSURE.  1.
 NOTWITHSTANDING ANY OTHER PROVISIONS OF THIS TITLE OR  ANY  LAW  TO  THE
 CONTRARY,  AN  INDIVIDUAL  WHO AT THE TIME OF HIS OR HER ENROLLMENT IN A
 MEDICAL SCHOOL OUTSIDE THE UNITED STATES IS A  RESIDENT  OF  THE  UNITED
 STATES  SHALL  BE  ELIGIBLE FOR LICENSURE IN THIS STATE IF HE OR SHE HAS
 SATISFIED THE REQUIREMENTS OF SUBDIVISIONS ONE,  FIVE,  SIX,  SEVEN  AND
 EIGHT OF SECTION SIXTY-FIVE HUNDRED TWENTY-FOUR OF THIS TITLE AND:
   A. HAS STUDIED MEDICINE IN A MEDICAL SCHOOL LOCATED OUTSIDE THE UNITED
 STATES WHICH IS RECOGNIZED BY THE WORLD HEALTH ORGANIZATION;
   B. HAS COMPLETED ALL OF THE FORMAL REQUIREMENTS OF THE FOREIGN MEDICAL
 SCHOOL EXCEPT INTERNSHIP AND/OR SOCIAL SERVICE;
 S. 4007--A                         288                        A. 3007--A
 
   C.  HAS  ATTAINED A SCORE SATISFACTORY TO A MEDICAL SCHOOL APPROVED BY
 THE LIAISON COMMITTEE ON MEDICAL EDUCATION ON A  QUALIFYING  EXAMINATION
 ACCEPTABLE  TO  THE  STATE  BOARD  FOR  MEDICINE, AND HAS SATISFACTORILY
 COMPLETED ONE ACADEMIC YEAR OF SUPERVISED CLINICAL  TRAINING  UNDER  THE
 DIRECTION OF SUCH MEDICAL SCHOOL;
   D.  HAS  COMPLETED THE POST-GRADUATE HOSPITAL TRAINING REQUIRED BY THE
 STATE BOARD OF MEDICINE OF ALL APPLICANTS FOR LICENSURE; AND
   E. HAS PASSED THE EXAMINATION REQUIRED BY THE STATE BOARD OF  MEDICINE
 OF ALL APPLICANTS FOR LICENSURE.
   2. SATISFACTION OF THE REQUIREMENTS OF PARAGRAPHS A, B AND C OF SUBDI-
 VISION  ONE  OF  THIS  SECTION SHALL BE IN LIEU OF THE COMPLETION OF ANY
 FOREIGN INTERNSHIP AND/OR  SOCIAL  SERVICE  REQUIREMENTS,  AND  NO  SUCH
 REQUIREMENTS  SHALL  BE  A CONDITION OF LICENSURE AS A PHYSICIAN IN THIS
 STATE.
   3. SATISFACTION OF THE REQUIREMENTS OF PARAGRAPHS A, B AND C OF SUBDI-
 VISION ONE OF THIS SECTION SHALL BE IN  LIEU  OF  CERTIFICATION  BY  THE
 EDUCATIONAL  COUNCIL  FOR  FOREIGN  MEDICAL  GRADUATES, AND SUCH CERTIF-
 ICATION SHALL NOT BE A CONDITION OF LICENSURE AS  A  PHYSICIAN  IN  THIS
 STATE  FOR CANDIDATES WHO HAVE COMPLETED THE REQUIREMENTS OF SUBDIVISION
 ONE OF THIS SECTION.
   4. NO HOSPITAL LICENSED BY THIS STATE, OR OPERATED BY THE STATE  OR  A
 POLITICAL SUBDIVISION THEREOF, OR WHICH RECEIVES STATE FINANCIAL ASSIST-
 ANCE, DIRECTLY OR INDIRECTLY, SHALL REQUIRE AN INDIVIDUAL WHO HAS SATIS-
 FIED  THE  REQUIREMENTS  OF  PARAGRAPHS A, B AND C OF SUBDIVISION ONE OF
 THIS SECTION, AND WHO AT THE TIME OF HIS OR HER ENROLLMENT IN A  MEDICAL
 SCHOOL  OUTSIDE THE UNITED STATES IS A RESIDENT OF THE UNITED STATES, TO
 SATISFY ANY FURTHER  EDUCATION  OR  EXAMINATION  REQUIREMENTS  PRIOR  TO
 COMMENCING AN INTERNSHIP OR RESIDENCY.
   5.  A  DOCUMENT GRANTED BY A MEDICAL SCHOOL LOCATED OUTSIDE THE UNITED
 STATES WHICH IS RECOGNIZED BY THE WORLD HEALTH ORGANIZATION ISSUED AFTER
 THE COMPLETION OF ALL THE FORMAL REQUIREMENTS OF  SUCH  FOREIGN  MEDICAL
 SCHOOL EXCEPT INTERNSHIP AND/OR SOCIAL SERVICE SHALL, UPON CERTIFICATION
 BY  THE  MEDICAL SCHOOL IN WHICH SUCH TRAINING WAS RECEIVED OF SATISFAC-
 TORY COMPLETION BY THE PERSON TO WHOM SUCH DOCUMENT WAS  ISSUED  OF  THE
 REQUIREMENTS  LISTED  IN PARAGRAPH C OF SUBDIVISION ONE OF THIS SECTION,
 BE DEEMED THE EQUIVALENT OF A DEGREE OF DOCTOR OF MEDICINE FOR  PURPOSES
 OF LICENSURE AND PRACTICE AS A PHYSICIAN IN THIS STATE.
   §  6529.  POWER  OF DEPARTMENT REGARDING CERTAIN PHYSICIANS.  NOTWITH-
 STANDING ANY PROVISION OF LAW TO THE CONTRARY, THE DEPARTMENT IS AUTHOR-
 IZED, IN ITS DISCRETION, TO CONFER THE  DEGREE  OF  DOCTOR  OF  MEDICINE
 (M.D.)  UPON  PHYSICIANS WHO ARE LICENSED PURSUANT TO SECTION SIXTY-FIVE
 HUNDRED TWENTY-FOUR OR SIXTY-FIVE HUNDRED TWENTY-EIGHT OF THIS  ARTICLE.
 EACH  APPLICANT  SHALL PAY A FEE OF THREE HUNDRED DOLLARS TO THE DEPART-
 MENT FOR THE ISSUANCE OF SUCH DEGREE.
 
                                  TITLE 3
     DEFINITIONS OF PROFESSIONAL MISCONDUCT APPLICABLE TO PHYSICIANS,
            PHYSICIAN'S ASSISTANTS AND SPECIALIST'S ASSISTANTS
 SECTION 6530.   DEFINITIONS OF PROFESSIONAL MISCONDUCT.
         6531.   ADDITIONAL DEFINITION OF PROFESSIONAL MISCONDUCT, LIMIT-
                   ED APPLICATION.
         6531-A. ADDITIONAL DEFINITION OF PROFESSIONAL MISCONDUCT; MENTAL
                   HEALTH PROFESSIONALS.
         6532.   ENFORCEMENT, ADMINISTRATION AND INTERPRETATION  OF  THIS
                   TITLE.
 S. 4007--A                         289                        A. 3007--A
 
   §  6530. DEFINITIONS OF PROFESSIONAL MISCONDUCT. EACH OF THE FOLLOWING
 IS PROFESSIONAL MISCONDUCT,  AND  ANY  LICENSEE  FOUND  GUILTY  OF  SUCH
 MISCONDUCT UNDER THE PROCEDURES PRESCRIBED IN SECTION TWO HUNDRED THIRTY
 OF  THIS  CHAPTER SHALL BE SUBJECT TO PENALTIES AS PRESCRIBED IN SECTION
 TWO  HUNDRED  THIRTY-A  OF  THIS  CHAPTER EXCEPT THAT THE CHARGES MAY BE
 DISMISSED IN THE INTEREST OF JUSTICE:
   1. OBTAINING THE LICENSE FRAUDULENTLY;
   2. PRACTICING THE PROFESSION FRAUDULENTLY  OR  BEYOND  ITS  AUTHORIZED
 SCOPE;
   3.  PRACTICING  THE  PROFESSION WITH NEGLIGENCE ON MORE THAN ONE OCCA-
 SION;
   4. PRACTICING THE PROFESSION WITH GROSS  NEGLIGENCE  ON  A  PARTICULAR
 OCCASION;
   5.  PRACTICING THE PROFESSION WITH INCOMPETENCE ON MORE THAN ONE OCCA-
 SION;
   6. PRACTICING THE PROFESSION WITH GROSS INCOMPETENCE;
   7. PRACTICING THE PROFESSION WHILE IMPAIRED BY ALCOHOL,  DRUGS,  PHYS-
 ICAL DISABILITY, OR MENTAL DISABILITY;
   8.  BEING  A  HABITUAL  ABUSER  OF ALCOHOL, OR BEING DEPENDENT ON OR A
 HABITUAL USER OF NARCOTICS, BARBITURATES,  AMPHETAMINES,  HALLUCINOGENS,
 OR  OTHER  DRUGS  HAVING  SIMILAR  EFFECTS, EXCEPT FOR A LICENSEE WHO IS
 MAINTAINED ON AN APPROVED THERAPEUTIC REGIMEN WHICH DOES NOT IMPAIR  THE
 ABILITY TO PRACTICE, OR HAVING A PSYCHIATRIC CONDITION WHICH IMPAIRS THE
 LICENSEE'S ABILITY TO PRACTICE;
   9. A. BEING CONVICTED OF COMMITTING AN ACT CONSTITUTING A CRIME UNDER:
   (I) NEW YORK STATE LAW OR,
   (II) FEDERAL LAW OR,
   (III)  THE  LAW OF ANOTHER JURISDICTION AND WHICH, IF COMMITTED WITHIN
 THIS STATE, WOULD HAVE CONSTITUTED A CRIME UNDER NEW YORK STATE LAW;
   B. HAVING BEEN FOUND  GUILTY  OF  IMPROPER  PROFESSIONAL  PRACTICE  OR
 PROFESSIONAL  MISCONDUCT  BY A DULY AUTHORIZED PROFESSIONAL DISCIPLINARY
 AGENCY OF ANOTHER STATE WHERE THE CONDUCT UPON  WHICH  THE  FINDING  WAS
 BASED  WOULD,  IF  COMMITTED  IN NEW YORK STATE, CONSTITUTE PROFESSIONAL
 MISCONDUCT UNDER THE LAWS OF NEW YORK STATE;
   C. HAVING BEEN FOUND GUILTY IN AN ADJUDICATORY PROCEEDING OF VIOLATING
 A STATE OR FEDERAL STATUTE OR REGULATION, PURSUANT TO A  FINAL  DECISION
 OR  DETERMINATION, AND WHEN NO APPEAL IS PENDING, OR AFTER RESOLUTION OF
 THE PROCEEDING BY STIPULATION OR AGREEMENT, AND WHEN THE VIOLATION WOULD
 CONSTITUTE PROFESSIONAL MISCONDUCT PURSUANT TO THIS SECTION;
   D. HAVING HIS OR HER LICENSE TO PRACTICE MEDICINE  REVOKED,  SUSPENDED
 OR HAVING OTHER DISCIPLINARY ACTION TAKEN, OR HAVING HIS OR HER APPLICA-
 TION  FOR  A LICENSE REFUSED, REVOKED OR SUSPENDED OR HAVING VOLUNTARILY
 OR OTHERWISE SURRENDERED HIS OR HER LICENSE AFTER A DISCIPLINARY  ACTION
 WAS  INSTITUTED BY A DULY AUTHORIZED PROFESSIONAL DISCIPLINARY AGENCY OF
 ANOTHER STATE, WHERE THE CONDUCT RESULTING IN THE REVOCATION, SUSPENSION
 OR OTHER DISCIPLINARY ACTION INVOLVING THE LICENSE OR  REFUSAL,  REVOCA-
 TION  OR  SUSPENSION OF AN APPLICATION FOR A LICENSE OR THE SURRENDER OF
 THE LICENSE WOULD, IF COMMITTED IN NEW YORK  STATE,  CONSTITUTE  PROFES-
 SIONAL MISCONDUCT UNDER THE LAWS OF NEW YORK STATE; OR
   E. HAVING BEEN FOUND BY THE COMMISSIONER TO BE IN VIOLATION OF ARTICLE
 THIRTY-THREE OF THIS CHAPTER;
   10.  REFUSING  TO  PROVIDE PROFESSIONAL SERVICE TO A PERSON BECAUSE OF
 SUCH PERSON'S RACE, CREED, COLOR OR NATIONAL ORIGIN;
   11. PERMITTING, AIDING OR ABETTING AN  UNLICENSED  PERSON  TO  PERFORM
 ACTIVITIES REQUIRING A LICENSE;
 S. 4007--A                         290                        A. 3007--A
 
   12.  PRACTICING THE PROFESSION WHILE THE LICENSE IS SUSPENDED OR INAC-
 TIVE AS DEFINED IN SUBDIVISION THIRTEEN OF SECTION TWO HUNDRED THIRTY OF
 THIS CHAPTER, OR WILLFULLY FAILING TO REGISTER OR NOTIFY THE  DEPARTMENT
 OF  HEALTH  OF  ANY  CHANGE OF NAME OR MAILING ADDRESS, OR, IF A PROFES-
 SIONAL  SERVICE  CORPORATION,  WILLFULLY FAILING TO COMPLY WITH SECTIONS
 FIFTEEN HUNDRED THREE AND  FIFTEEN  HUNDRED  FOURTEEN  OF  THE  BUSINESS
 CORPORATION LAW OR, IF A UNIVERSITY FACULTY PRACTICE CORPORATION WILFUL-
 LY FAILING TO COMPLY WITH PARAGRAPHS (B), (C) AND (D) OF SECTION FIFTEEN
 HUNDRED  THREE  AND  SECTION  FIFTEEN  HUNDRED  FOURTEEN OF THE BUSINESS
 CORPORATION LAW;
   13. A WILLFUL VIOLATION BY A LICENSEE OF SUBDIVISION ELEVEN OF SECTION
 TWO HUNDRED THIRTY OF THIS CHAPTER;
   14. A VIOLATION OF SECTION TWENTY-EIGHT HUNDRED THREE-D,  TWENTY-EIGHT
 HUNDRED  FIVE-K OR SUBPARAGRAPH (II) OF PARAGRAPH (H) OF SUBDIVISION TEN
 OF SECTION TWO HUNDRED THIRTY OF THIS CHAPTER;
   15. FAILURE TO COMPLY WITH AN ORDER  ISSUED  PURSUANT  TO  SUBDIVISION
 SEVEN,  PARAGRAPH  A  OF  SUBDIVISION  TEN, AND SUBDIVISION SEVENTEEN OF
 SECTION TWO HUNDRED THIRTY OF THIS CHAPTER;
   16. A WILLFUL OR GROSSLY NEGLIGENT FAILURE TO COMPLY WITH  SUBSTANTIAL
 PROVISIONS  OF  FEDERAL,  STATE,  OR  LOCAL  LAWS, RULES, OR REGULATIONS
 GOVERNING THE PRACTICE OF MEDICINE;
   17. EXERCISING UNDUE INFLUENCE ON THE PATIENT, INCLUDING THE PROMOTION
 OF THE SALE OF SERVICES, GOODS, APPLIANCES, OR DRUGS IN SUCH  MANNER  AS
 TO  EXPLOIT  THE  PATIENT FOR THE FINANCIAL GAIN OF THE LICENSEE OR OF A
 THIRD PARTY;
   18. DIRECTLY OR INDIRECTLY OFFERING, GIVING, SOLICITING, OR  RECEIVING
 OR  AGREEING  TO  RECEIVE,  ANY  FEE OR OTHER CONSIDERATION TO OR FROM A
 THIRD PARTY FOR THE REFERRAL OF A PATIENT  OR  IN  CONNECTION  WITH  THE
 PERFORMANCE OF PROFESSIONAL SERVICES;
   19.  PERMITTING  ANY  PERSON  TO  SHARE  IN  THE FEES FOR PROFESSIONAL
 SERVICES, OTHER THAN: A PARTNER, EMPLOYEE, ASSOCIATE IN  A  PROFESSIONAL
 FIRM OR CORPORATION, PROFESSIONAL SUBCONTRACTOR OR CONSULTANT AUTHORIZED
 TO  PRACTICE  MEDICINE, OR A LEGALLY AUTHORIZED TRAINEE PRACTICING UNDER
 THE SUPERVISION OF  A  LICENSEE.  THIS  PROHIBITION  SHALL  INCLUDE  ANY
 ARRANGEMENT  OR  AGREEMENT  WHEREBY  THE  AMOUNT RECEIVED IN PAYMENT FOR
 FURNISHING SPACE, FACILITIES, EQUIPMENT OR PERSONNEL SERVICES USED BY  A
 LICENSEE  CONSTITUTES  A  PERCENTAGE OF, OR IS OTHERWISE DEPENDENT UPON,
 THE INCOME OR RECEIPTS OF THE LICENSEE FROM  SUCH  PRACTICE,  EXCEPT  AS
 OTHERWISE  PROVIDED  BY LAW WITH RESPECT TO A FACILITY LICENSED PURSUANT
 TO ARTICLE TWENTY-EIGHT OF THIS  CHAPTER  OR  ARTICLE  THIRTEEN  OF  THE
 MENTAL HYGIENE LAW;
   20.  CONDUCT  IN THE PRACTICE OF MEDICINE WHICH EVIDENCES MORAL UNFIT-
 NESS TO PRACTICE MEDICINE;
   21. WILLFULLY MAKING OR FILING A FALSE REPORT, OR FAILING  TO  FILE  A
 REPORT  REQUIRED  BY LAW OR BY THE DEPARTMENT OF HEALTH OR THE EDUCATION
 DEPARTMENT, OR WILLFULLY IMPEDING OR OBSTRUCTING SUCH FILING, OR  INDUC-
 ING ANOTHER PERSON TO DO SO;
   22.  FAILING  TO  MAKE AVAILABLE TO A PATIENT, UPON REQUEST, COPIES OF
 DOCUMENTS IN THE POSSESSION OR UNDER THE CONTROL OF THE  LICENSEE  WHICH
 HAVE BEEN PREPARED FOR AND PAID FOR BY THE PATIENT OR CLIENT;
   23.  REVEALING  OF PERSONALLY IDENTIFIABLE FACTS, DATA, OR INFORMATION
 OBTAINED IN A PROFESSIONAL CAPACITY WITHOUT THE  PRIOR  CONSENT  OF  THE
 PATIENT, EXCEPT AS AUTHORIZED OR REQUIRED BY LAW;
   24.  PRACTICING  OR OFFERING TO PRACTICE BEYOND THE SCOPE PERMITTED BY
 LAW, OR ACCEPTING AND PERFORMING PROFESSIONAL RESPONSIBILITIES WHICH THE
 LICENSEE KNOWS OR HAS REASON TO KNOW THAT HE OR SHE IS NOT COMPETENT  TO
 S. 4007--A                         291                        A. 3007--A
 
 PERFORM,   OR   PERFORMING  WITHOUT  ADEQUATE  SUPERVISION  PROFESSIONAL
 SERVICES WHICH THE LICENSEE IS AUTHORIZED  TO  PERFORM  ONLY  UNDER  THE
 SUPERVISION OF A LICENSED PROFESSIONAL, EXCEPT IN AN EMERGENCY SITUATION
 WHERE A PERSON'S LIFE OR HEALTH IS IN DANGER;
   25.  DELEGATING  PROFESSIONAL  RESPONSIBILITIES  TO  A PERSON WHEN THE
 LICENSEE DELEGATING SUCH RESPONSIBILITIES KNOWS OR HAS  REASON  TO  KNOW
 THAT  SUCH  PERSON  IS  NOT QUALIFIED, BY TRAINING, BY EXPERIENCE, OR BY
 LICENSURE, TO PERFORM THEM;
   25-A. WITH  RESPECT  TO  ANY  NON-EMERGENCY  TREATMENT,  PROCEDURE  OR
 SURGERY  WHICH IS EXPECTED TO INVOLVE LOCAL OR GENERAL ANESTHESIA, FAIL-
 ING TO DISCLOSE TO THE PATIENT THE IDENTITIES OF ALL PHYSICIANS,  EXCEPT
 MEDICAL  RESIDENTS  IN  CERTIFIED  TRAINING  PROGRAMS,  PODIATRISTS  AND
 DENTISTS, REASONABLY ANTICIPATED TO BE ACTIVELY INVOLVED IN SUCH  TREAT-
 MENT, PROCEDURE OR SURGERY AND TO OBTAIN SUCH PATIENT'S INFORMED CONSENT
 TO SAID PRACTITIONERS' PARTICIPATION;
   26.  PERFORMING PROFESSIONAL SERVICES WHICH HAVE NOT BEEN DULY AUTHOR-
 IZED BY THE PATIENT OR HIS OR HER LEGAL REPRESENTATIVE;
   27. ADVERTISING OR SOLICITING FOR PATRONAGE THAT IS NOT IN THE  PUBLIC
 INTEREST.  A. ADVERTISING OR SOLICITING NOT IN THE PUBLIC INTEREST SHALL
 INCLUDE, BUT NOT BE LIMITED TO, ADVERTISING OR SOLICITING THAT:  (I)  IS
 FALSE, FRAUDULENT, DECEPTIVE, MISLEADING, SENSATIONAL, OR FLAMBOYANT;
   (II) REPRESENTS INTIMIDATION OR UNDUE PRESSURE;
   (III) USES TESTIMONIALS;
   (IV) GUARANTEES ANY SERVICE;
   (V)  MAKES  ANY CLAIM RELATING TO PROFESSIONAL SERVICES OR PRODUCTS OR
 THE COSTS OR PRICE THEREFOR WHICH CANNOT BE SUBSTANTIATED BY THE  LICEN-
 SEE, WHO SHALL HAVE THE BURDEN OF PROOF;
   (VI) MAKES CLAIMS OF PROFESSIONAL SUPERIORITY WHICH CANNOT BE SUBSTAN-
 TIATED BY THE LICENSEE, WHO SHALL HAVE THE BURDEN OF PROOF; OR
   (VII)  OFFERS BONUSES OR INDUCEMENTS IN ANY FORM OTHER THAN A DISCOUNT
 OR REDUCTION IN AN ESTABLISHED FEE OR PRICE FOR A  PROFESSIONAL  SERVICE
 OR PRODUCT.
   B.  THE  FOLLOWING  SHALL BE DEEMED APPROPRIATE MEANS OF INFORMING THE
 PUBLIC OF THE AVAILABILITY OF PROFESSIONAL SERVICES:  (I)  INFORMATIONAL
 ADVERTISING NOT CONTRARY TO THE FOREGOING PROHIBITIONS; AND
   (II) THE ADVERTISING IN A NEWSPAPER, PERIODICAL OR PROFESSIONAL DIREC-
 TORY  OR  ON  RADIO  OR TELEVISION OF FIXED PRICES, OR A STATED RANGE OF
 PRICES, FOR SPECIFIED ROUTINE PROFESSIONAL SERVICES,  PROVIDED  THAT  IF
 THERE IS AN ADDITIONAL CHARGE FOR RELATED SERVICES WHICH ARE AN INTEGRAL
 PART  OF  THE OVERALL SERVICE BEING PROVIDED BY THE LICENSEE, THE ADVER-
 TISEMENT SHALL SO STATE, AND PROVIDED  FURTHER  THAT  THE  ADVERTISEMENT
 INDICATES THE PERIOD OF TIME FOR WHICH THE ADVERTISED PRICES SHALL BE IN
 EFFECT.
   C.  (I)  ALL LICENSEES PLACING ADVERTISEMENTS SHALL MAINTAIN, OR CAUSE
 TO BE MAINTAINED, AN EXACT COPY OF EACH ADVERTISEMENT, TRANSCRIPT,  TAPE
 OR  VIDEO  TAPE THEREOF AS APPROPRIATE FOR THE MEDIUM USED, FOR A PERIOD
 OF ONE YEAR AFTER ITS LAST APPEARANCE. THIS COPY SHALL BE MADE AVAILABLE
 FOR INSPECTION UPON DEMAND OF THE DEPARTMENT;
   (II) A LICENSEE SHALL NOT COMPENSATE OR  GIVE  ANYTHING  OF  VALUE  TO
 REPRESENTATIVES  OF THE PRESS, RADIO, TELEVISION OR OTHER COMMUNICATIONS
 MEDIA IN ANTICIPATION OF OR IN RETURN FOR PROFESSIONAL  PUBLICITY  IN  A
 NEWS ITEM;
   D.  NO  DEMONSTRATIONS,  DRAMATIZATIONS OR OTHER PORTRAYALS OF PROFES-
 SIONAL PRACTICE SHALL BE PERMITTED IN  ADVERTISING  ON  RADIO  OR  TELE-
 VISION;
 S. 4007--A                         292                        A. 3007--A
 
   28.  FAILING  TO  RESPOND WITHIN THIRTY DAYS TO WRITTEN COMMUNICATIONS
 FROM THE DEPARTMENT OF HEALTH AND TO MAKE AVAILABLE ANY RELEVANT RECORDS
 WITH RESPECT TO AN INQUIRY OR COMPLAINT  ABOUT  THE  LICENSEE'S  PROFES-
 SIONAL  MISCONDUCT. THE PERIOD OF THIRTY DAYS SHALL COMMENCE ON THE DATE
 WHEN  SUCH  COMMUNICATION  WAS DELIVERED PERSONALLY TO THE LICENSEE.  IF
 THE COMMUNICATION IS SENT FROM THE DEPARTMENT BY REGISTERED OR CERTIFIED
 MAIL, WITH RETURN RECEIPT REQUESTED, TO THE  ADDRESS  APPEARING  IN  THE
 LAST  REGISTRATION, THE PERIOD OF THIRTY DAYS SHALL COMMENCE ON THE DATE
 OF DELIVERY TO THE LICENSEE, AS INDICATED BY THE RETURN RECEIPT;
   29. VIOLATING ANY TERM OF PROBATION OR CONDITION OR LIMITATION IMPOSED
 ON THE LICENSEE PURSUANT TO SECTION TWO HUNDRED THIRTY OF THIS CHAPTER;
   30. ABANDONING OR NEGLECTING A PATIENT UNDER AND IN NEED OF  IMMEDIATE
 PROFESSIONAL  CARE,  WITHOUT  MAKING  REASONABLE  ARRANGEMENTS  FOR  THE
 CONTINUATION OF SUCH CARE, OR ABANDONING A PROFESSIONAL EMPLOYMENT BY  A
 GROUP  PRACTICE, HOSPITAL, CLINIC OR OTHER HEALTH CARE FACILITY, WITHOUT
 REASONABLE NOTICE AND UNDER CIRCUMSTANCES  WHICH  SERIOUSLY  IMPAIR  THE
 DELIVERY OF PROFESSIONAL CARE TO PATIENTS OR CLIENTS;
   31.  WILLFULLY  HARASSING,  ABUSING,  OR INTIMIDATING A PATIENT EITHER
 PHYSICALLY OR VERBALLY;
   32. FAILING TO MAINTAIN A RECORD FOR  EACH  PATIENT  WHICH  ACCURATELY
 REFLECTS THE EVALUATION AND TREATMENT OF THE PATIENT, PROVIDED, HOWEVER,
 THAT A PHYSICIAN WHO TRANSFERS AN ORIGINAL MAMMOGRAM TO A MEDICAL INSTI-
 TUTION,  OR TO A PHYSICIAN OR HEALTH CARE PROVIDER OF THE PATIENT, OR TO
 THE PATIENT DIRECTLY, AS OTHERWISE PROVIDED BY LAW, SHALL HAVE NO  OBLI-
 GATION  UNDER  THIS  SECTION TO MAINTAIN THE ORIGINAL OR A COPY THEREOF.
 UNLESS OTHERWISE PROVIDED BY LAW, ALL PATIENT RECORDS MUST  BE  RETAINED
 FOR  AT  LEAST  SIX  YEARS.  OBSTETRICAL  RECORDS  AND  RECORDS OF MINOR
 PATIENTS MUST BE RETAINED FOR AT LEAST SIX YEARS,  AND  UNTIL  ONE  YEAR
 AFTER THE MINOR PATIENT REACHES THE AGE OF EIGHTEEN YEARS;
   33.  FAILING  TO EXERCISE APPROPRIATE SUPERVISION OVER PERSONS WHO ARE
 AUTHORIZED TO PRACTICE ONLY UNDER THE SUPERVISION OF THE LICENSEE;
   34. GUARANTEEING THAT SATISFACTION OR A  CURE  WILL  RESULT  FROM  THE
 PERFORMANCE OF PROFESSIONAL SERVICES;
   35. ORDERING OF EXCESSIVE TESTS, TREATMENT, OR USE OF TREATMENT FACIL-
 ITIES NOT WARRANTED BY THE CONDITION OF THE PATIENT;
   36.  CLAIMING OR USING ANY SECRET OR SPECIAL METHOD OF TREATMENT WHICH
 THE LICENSEE REFUSED TO DIVULGE TO THE DEPARTMENT OF HEALTH;
   37. FAILING TO WEAR AN IDENTIFYING BADGE, WHICH SHALL BE CONSPICUOUSLY
 DISPLAYED AND LEGIBLE, INDICATING THE PRACTITIONER'S  NAME  AND  PROFES-
 SIONAL TITLE AUTHORIZED PURSUANT TO THIS CHAPTER, WHILE PRACTICING AS AN
 EMPLOYEE OR OPERATOR OF A HOSPITAL, CLINIC, GROUP PRACTICE OR MULTI-PRO-
 FESSIONAL  FACILITY,  OR  AT  A COMMERCIAL ESTABLISHMENT OFFERING HEALTH
 SERVICES TO THE PUBLIC;
   38. ENTERING INTO AN ARRANGEMENT OR AGREEMENT WITH A PHARMACY FOR  THE
 COMPOUNDING   AND/OR   DISPENSING   OF   CODED   OR   SPECIALLY   MARKED
 PRESCRIPTIONS;
   39. WITH RESPECT TO ALL  PROFESSIONAL  PRACTICES  CONDUCTED  UNDER  AN
 ASSUMED  NAME,  OTHER THAN FACILITIES LICENSED PURSUANT TO ARTICLE TWEN-
 TY-EIGHT OF THIS CHAPTER OR ARTICLE THIRTEEN OF THE MENTAL HYGIENE  LAW,
 FAILING  TO POST CONSPICUOUSLY AT THE SITE OF SUCH PRACTICE THE NAME AND
 LICENSURE FIELD OF ALL OF THE PRINCIPAL PROFESSIONAL  LICENSEES  ENGAGED
 IN  THE  PRACTICE  AT  THAT  SITE (I.E., PRINCIPAL PARTNERS, OFFICERS OR
 PRINCIPAL SHAREHOLDERS);
   40. FAILING TO PROVIDE ACCESS BY QUALIFIED PERSONS TO PATIENT INFORMA-
 TION IN ACCORDANCE WITH THE STANDARDS SET FORTH IN SECTION  EIGHTEEN  OF
 S. 4007--A                         293                        A. 3007--A

 THIS  CHAPTER, AS ADDED BY CHAPTER FOUR HUNDRED NINETY-SEVEN OF THE LAWS
 OF NINETEEN HUNDRED EIGHTY-SIX;
   41. KNOWINGLY OR WILLFULLY PERFORMING A COMPLETE OR PARTIAL AUTOPSY ON
 A DECEASED PERSON WITHOUT LAWFUL AUTHORITY;
   42.  FAILING TO COMPLY WITH A SIGNED AGREEMENT TO PRACTICE MEDICINE IN
 NEW YORK STATE IN AN AREA DESIGNATED BY THE  COMMISSIONER  AS  HAVING  A
 SHORTAGE  OF  PHYSICIANS OR REFUSING TO REPAY MEDICAL EDUCATION COSTS IN
 LIEU OF SUCH REQUIRED SERVICE, OR FAILING TO COMPLY WITH  ANY  PROVISION
 OF  A  WRITTEN AGREEMENT WITH THE STATE OR ANY MUNICIPALITY WITHIN WHICH
 THE LICENSEE HAS AGREED TO PROVIDE MEDICAL SERVICE, OR REFUSING TO REPAY
 FUNDS IN LIEU OF SUCH SERVICE AS CONSIDERATION OF  AWARDS  MADE  BY  THE
 STATE  OR ANY MUNICIPALITY THEREOF FOR HIS OR HER PROFESSIONAL EDUCATION
 IN MEDICINE, OR FAILING TO COMPLY WITH ANY AGREEMENT ENTERED INTO TO AID
 HIS OR HER MEDICAL EDUCATION;
   43. FAILING TO COMPLETE FORMS OR REPORTS REQUIRED FOR  THE  REIMBURSE-
 MENT  OF  A PATIENT BY A THIRD PARTY. REASONABLE FEES MAY BE CHARGED FOR
 SUCH FORMS OR REPORTS, BUT PRIOR PAYMENT FOR THE  PROFESSIONAL  SERVICES
 TO WHICH SUCH FORMS OR REPORTS RELATE MAY NOT BE REQUIRED AS A CONDITION
 FOR MAKING SUCH FORMS OR REPORTS AVAILABLE;
   44. IN THE PRACTICE OF PSYCHIATRY:
   A.  ANY  PHYSICAL  CONTACT  OF  A  SEXUAL  NATURE BETWEEN LICENSEE AND
 PATIENT EXCEPT THE USE OF FILMS AND/OR OTHER AUDIOVISUAL AIDS WITH INDI-
 VIDUALS OR GROUPS IN THE DEVELOPMENT OF APPROPRIATE RESPONSES  TO  OVER-
 COME SEXUAL DYSFUNCTION; AND
   B. IN THERAPY GROUPS, ACTIVITIES WHICH PROMOTE EXPLICIT PHYSICAL SEXU-
 AL CONTACT BETWEEN GROUP MEMBERS DURING SESSIONS;
   45.  IN  THE  PRACTICE OF OPHTHALMOLOGY, FAILING TO PROVIDE A PATIENT,
 UPON REQUEST,  WITH  THE  PATIENT'S  PRESCRIPTION  INCLUDING  THE  NAME,
 ADDRESS,   AND   SIGNATURE  OF  THE  PRESCRIBER  AND  THE  DATE  OF  THE
 PRESCRIPTION;
   46. A VIOLATION OF SECTION TWO HUNDRED THIRTY-NINE OF THIS CHAPTER  BY
 A PROFESSIONAL;
   47.  FAILURE  TO  USE  SCIENTIFICALLY ACCEPTED BARRIER PRECAUTIONS AND
 INFECTION CONTROL PRACTICES AS ESTABLISHED BY THE DEPARTMENT  OF  HEALTH
 PURSUANT TO SECTION TWO HUNDRED THIRTY-A OF THIS CHAPTER;
   48. A VIOLATION OF SECTION TWO HUNDRED THIRTY-D OF THIS CHAPTER OR THE
 REGULATIONS OF THE COMMISSIONER ENACTED THEREUNDER;
   49. EXCEPT FOR GOOD CAUSE SHOWN, FAILING TO PROVIDE WITHIN ONE DAY ANY
 RELEVANT  RECORDS  OR  OTHER INFORMATION REQUESTED BY THE STATE OR LOCAL
 DEPARTMENT OF HEALTH WITH RESPECT TO AN  INQUIRY  INTO  A  REPORT  OF  A
 COMMUNICABLE DISEASE AS DEFINED IN THE STATE SANITARY CODE, OR HIV/AIDS;
 AND
   50.  PERFORMING A PELVIC EXAMINATION OR SUPERVISING THE PERFORMANCE OF
 A PELVIC EXAMINATION IN VIOLATION OF SUBDIVISION SEVEN OF SECTION  TWEN-
 TY-FIVE HUNDRED FOUR OF THIS CHAPTER.
   §  6531.  ADDITIONAL  DEFINITION  OF  PROFESSIONAL MISCONDUCT, LIMITED
 APPLICATION.  NOTWITHSTANDING ANY INCONSISTENT PROVISION OF  THIS  TITLE
 OR ANY OTHER PROVISIONS OF LAW TO THE CONTRARY, THE LICENSE OR REGISTRA-
 TION  OF A PERSON SUBJECT TO THE PROVISIONS OF THIS TITLE AND TITLE FOUR
 OF THIS ARTICLE MAY BE REVOKED, SUSPENDED, OR ANNULLED  OR  SUCH  PERSON
 MAY  BE  SUBJECT  TO  ANY  OTHER PENALTY PROVIDED IN SECTION TWO HUNDRED
 THIRTY-A OF THIS CHAPTER IN ACCORDANCE WITH THE  PROVISIONS  AND  PROCE-
 DURES OF THIS TITLE FOR THE FOLLOWING:
   THAT  ANY  PERSON SUBJECT TO SECTION SIXTY-FIVE HUNDRED THIRTY OF THIS
 TITLE THAT HAS DIRECTLY OR INDIRECTLY  REQUESTED,  RECEIVED  OR  PARTIC-
 IPATED  IN THE DIVISION, TRANSFERENCE, ASSIGNMENT, REBATE, SPLITTING, OR
 S. 4007--A                         294                        A. 3007--A
 
 REFUNDING OF A FEE FOR, OR HAS DIRECTLY REQUESTED, RECEIVED OR  PROFITED
 BY  MEANS  OF  A CREDIT OR OTHER VALUABLE CONSIDERATION AS A COMMISSION,
 DISCOUNT OR GRATUITY, IN CONNECTION WITH THE FURNISHING OF  PROFESSIONAL
 CARE OR SERVICE, INCLUDING X-RAY EXAMINATION AND TREATMENT, OR FOR OR IN
 CONNECTION  WITH  THE SALE, RENTAL, SUPPLYING, OR FURNISHING OF CLINICAL
 LABORATORY SERVICES OR SUPPLIES, X-RAY LABORATORY SERVICES OR  SUPPLIES,
 INHALATION  THERAPY SERVICE OR EQUIPMENT, AMBULANCE SERVICE, HOSPITAL OR
 MEDICAL SUPPLIES, PHYSIOTHERAPY OR OTHER THERAPEUTIC SERVICE  OR  EQUIP-
 MENT, ARTIFICIAL LIMBS, TEETH OR EYES, ORTHOPEDIC OR SURGICAL APPLIANCES
 OR SUPPLIES, OPTICAL APPLIANCES, SUPPLIES, OR EQUIPMENT, DEVICES FOR AID
 OF  HEARING, DRUGS, MEDICATION, OR MEDICAL SUPPLIES, OR ANY OTHER GOODS,
 SERVICES, OR SUPPLIES PRESCRIBED FOR MEDICAL DIAGNOSIS, CARE, OR  TREAT-
 MENT  UNDER THIS CHAPTER, EXCEPT PAYMENT, NOT TO EXCEED THIRTY-THREE AND
 ONE-THIRD PERCENT OF ANY FEE RECEIVED FOR X-RAY EXAMINATION,  DIAGNOSIS,
 OR  TREATMENT,  TO  ANY HOSPITAL FURNISHING FACILITIES FOR SUCH EXAMINA-
 TION, DIAGNOSIS, OR TREATMENT. NOTHING CONTAINED IN THIS  SECTION  SHALL
 PROHIBIT  SUCH  PERSONS  FROM  PRACTICING AS PARTNERS, IN GROUPS OR AS A
 PROFESSIONAL CORPORATION OR AS  A  UNIVERSITY  FACULTY  PRACTICE  CORPO-
 RATION,  NOR  FROM POOLING FEES AND MONEYS RECEIVED, EITHER BY THE PART-
 NERSHIPS, PROFESSIONAL  CORPORATIONS,  OR  UNIVERSITY  FACULTY  PRACTICE
 CORPORATIONS  OR  GROUPS  BY THE INDIVIDUAL MEMBERS THEREOF, FOR PROFES-
 SIONAL SERVICES FURNISHED  BY  AN  INDIVIDUAL  PROFESSIONAL  MEMBER,  OR
 EMPLOYEE  OF  SUCH  PARTNERSHIP,  CORPORATION,  OR  GROUP, NOR SHALL THE
 PROFESSIONALS CONSTITUTING THE PARTNERSHIPS, CORPORATIONS OR  GROUPS  BE
 PROHIBITED  FROM  SHARING, DIVIDING, OR APPORTIONING THE FEES AND MONEYS
 RECEIVED BY THEM OR BY THE PARTNERSHIP, CORPORATION, OR GROUP IN ACCORD-
 ANCE WITH A PARTNERSHIP OR OTHER AGREEMENT; PROVIDED THAT NO SUCH  PRAC-
 TICE  AS PARTNERS, CORPORATIONS, OR GROUPS, OR POOLING OF FEES OR MONEYS
 RECEIVED OR SHARED, DIVISION OR APPORTIONMENT OF FEES SHALL BE PERMITTED
 WITH RESPECT TO AND TREATMENT UNDER THE WORKERS' COMPENSATION LAW. NOTH-
 ING CONTAINED IN THIS CHAPTER  SHALL  PROHIBIT  A  CORPORATION  LICENSED
 PURSUANT  TO  ARTICLE  FORTY-THREE  OF THE INSURANCE LAW PURSUANT TO ITS
 CONTRACT WITH THE SUBSCRIBED  FROM  PRORATIONING  A  MEDICAL  OR  DENTAL
 EXPENSES  INDEMNITY ALLOWANCE AMONG TWO OR MORE PROFESSIONALS IN PROPOR-
 TION TO THE SERVICES RENDERED BY EACH SUCH PROFESSIONAL AT  THE  REQUEST
 OF  THE  SUBSCRIBER, PROVIDED THAT PRIOR TO PAYMENT THEREOF SUCH PROFES-
 SIONALS SHALL SUBMIT BOTH TO THE CORPORATION LICENSED PURSUANT TO  ARTI-
 CLE  FORTY-THREE  OF  THE INSURANCE LAW AND TO THE SUBSCRIBER STATEMENTS
 ITEMIZING THE SERVICES RENDERED BY EACH SUCH PROFESSIONAL AND THE CHARG-
 ES THEREFOR.
   § 6531-A. ADDITIONAL DEFINITION  OF  PROFESSIONAL  MISCONDUCT;  MENTAL
 HEALTH PROFESSIONALS.
   1. DEFINITIONS. FOR THE PURPOSES OF THIS SECTION:
   A.  "MENTAL  HEALTH  PROFESSIONAL"  MEANS  A  PERSON  SUBJECT  TO  THE
 PROVISIONS OF TITLE TWO OF THIS ARTICLE.
   B. "SEXUAL ORIENTATION CHANGE EFFORTS" (I) MEANS  ANY  PRACTICE  BY  A
 MENTAL  HEALTH  PROFESSIONAL THAT SEEKS TO CHANGE AN INDIVIDUAL'S SEXUAL
 ORIENTATION, INCLUDING, BUT NOT LIMITED TO, EFFORTS TO CHANGE BEHAVIORS,
 GENDER IDENTITY, OR GENDER EXPRESSIONS, OR TO ELIMINATE OR REDUCE SEXUAL
 OR ROMANTIC ATTRACTIONS OR FEELINGS TOWARDS INDIVIDUALS OF THE SAME SEX;
 AND (II) SHALL NOT INCLUDE COUNSELING FOR A PERSON SEEKING TO TRANSITION
 FROM ONE GENDER TO ANOTHER, OR PSYCHOTHERAPIES THAT: (A) PROVIDE ACCEPT-
 ANCE, SUPPORT AND UNDERSTANDING  OF  PATIENTS  OR  THE  FACILITATION  OF
 PATIENTS'  COPING, SOCIAL SUPPORT, AND IDENTITY EXPLORATION AND DEVELOP-
 MENT, INCLUDING SEXUAL ORIENTATION-NEUTRAL INTERVENTIONS TO  PREVENT  OR
 S. 4007--A                         295                        A. 3007--A
 
 ADDRESS UNLAWFUL CONDUCT OR UNSAFE SEXUAL PRACTICES; AND (B) DO NOT SEEK
 TO CHANGE SEXUAL ORIENTATION.
   2.  IT  SHALL  BE  PROFESSIONAL MISCONDUCT FOR A MENTAL HEALTH PROFES-
 SIONAL TO ENGAGE IN SEXUAL ORIENTATION CHANGE EFFORTS UPON  ANY  PATIENT
 UNDER  THE  AGE  OF  EIGHTEEN  YEARS, AND ANY MENTAL HEALTH PROFESSIONAL
 FOUND GUILTY OF SUCH MISCONDUCT UNDER THE PROCEDURES PRESCRIBED IN TITLE
 TWO-A OF ARTICLE TWO OF THIS CHAPTER SHALL BE SUBJECT TO  THE  PENALTIES
 PRESCRIBED  IN SECTION TWO HUNDRED THIRTY-A OF THIS CHAPTER, AS ADDED BY
 CHAPTER SIX HUNDRED SIX OF THE LAWS OF NINETEEN HUNDRED NINETY-ONE.
   § 6532. ENFORCEMENT, ADMINISTRATION AND INTERPRETATION OF THIS  TITLE.
 THE  BOARD  OF  PROFESSIONAL  MEDICAL  CONDUCT  AND THE DEPARTMENT SHALL
 ENFORCE, ADMINISTER AND INTERPRET THIS TITLE.  THE COMMISSIONER MAY  NOT
 PROMULGATE ANY RULES OR REGULATIONS CONCERNING THIS TITLE.
 
                                  TITLE 4
                           PHYSICIAN ASSISTANTS
 SECTION 6540. DEFINITIONS.
         6541. REQUIREMENTS FOR LICENSE.
         6542. PERFORMANCE OF MEDICAL SERVICES.
         6543. CONSTRUCTION.
         6544. REGULATIONS.
         6545. EMERGENCY SERVICES RENDERED BY PHYSICIAN ASSISTANT.
         6546. LIMITED PERMITS.
   §  6540.  DEFINITIONS.  AS  USED IN THIS TITLE: 1. THE TERM "PHYSICIAN
 ASSISTANT" MEANS A PERSON WHO  IS  LICENSED  AS  A  PHYSICIAN  ASSISTANT
 PURSUANT TO THIS TITLE.
   2.  THE  TERM "PHYSICIAN" MEANS A PRACTITIONER OF MEDICINE LICENSED TO
 PRACTICE MEDICINE PURSUANT TO TITLE TWO OF THIS ARTICLE.
   3. THE TERM "APPROVED PROGRAM" MEANS A PROGRAM FOR  THE  EDUCATION  OF
 PHYSICIAN ASSISTANTS WHICH HAS BEEN FORMERLY APPROVED BY THE DEPARTMENT.
   4.  THE  TERM "HOSPITAL" MEANS AN INSTITUTION OR FACILITY POSSESSING A
 VALID OPERATING CERTIFICATE ISSUED PURSUANT TO ARTICLE  TWENTY-EIGHT  OF
 THIS CHAPTER AND AUTHORIZED TO EMPLOY PHYSICIAN ASSISTANTS IN ACCORDANCE
 WITH  RULES  AND REGULATIONS OF THE DEPARTMENT AND HEALTH PLANNING COUN-
 CIL.
   § 6541. REQUIREMENTS FOR LICENSE. 1. TO QUALIFY FOR  A  LICENSE  AS  A
 PHYSICIAN  ASSISTANT, EACH PERSON SHALL PAY A FEE OF ONE HUNDRED FIFTEEN
 DOLLARS TO THE DEPARTMENT FOR ADMISSION TO A DEPARTMENT CONDUCTED  EXAM-
 INATION, A FEE OF FORTY-FIVE DOLLARS FOR EACH REEXAMINATION AND A FEE OF
 SEVENTY  DOLLARS  FOR  PERSONS  NOT  REQUIRING ADMISSION TO A DEPARTMENT
 CONDUCTED EXAMINATION AND SHALL ALSO SUBMIT SATISFACTORY EVIDENCE, VERI-
 FIED BY OATH OR AFFIRMATION, THAT HE OR SHE:
   A. AT THE TIME OF APPLICATION IS AT LEAST TWENTY-ONE YEARS OF AGE;
   B. IS OF GOOD MORAL CHARACTER;
   C. HAS RECEIVED AN EDUCATION  INCLUDING  A  BACHELOR'S  OR  EQUIVALENT
 DEGREE IN ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS;
   D.  HAS  SATISFACTORILY COMPLETED AN APPROVED PROGRAM FOR THE TRAINING
 OF PHYSICIAN ASSISTANTS. THE APPROVED PROGRAM FOR THE TRAINING OF PHYSI-
 CIAN ASSISTANTS SHALL INCLUDE NOT LESS THAN FORTY  WEEKS  OF  SUPERVISED
 CLINICAL TRAINING AND THIRTY-TWO CREDIT HOURS OF CLASSROOM WORK.  APPLI-
 CANTS  FOR  A  LICENSE  AS  A  PHYSICIAN ASSISTANT WHO HAVE COMPLETED AN
 APPROVED PROGRAM LEADING TO A BACHELOR'S DEGREE OR EQUIVALENT IN  PHYSI-
 CIAN ASSISTANT STUDIES SHALL BE DEEMED TO HAVE SATISFIED THIS PARAGRAPH.
 THE   COMMISSIONER  IS  EMPOWERED  TO  DETERMINE  WHETHER  AN  APPLICANT
 POSSESSES EQUIVALENT EDUCATION AND TRAINING, SUCH  AS  EXPERIENCE  AS  A
 S. 4007--A                         296                        A. 3007--A
 
 NURSE OR MILITARY CORPSMAN, WHICH MAY BE ACCEPTED IN LIEU OF ALL OR PART
 OF AN APPROVED PROGRAM; AND
   E. IN THE CASE OF AN APPLICANT FOR A LICENSE AS A PHYSICIAN ASSISTANT,
 HAS OBTAINED A PASSING SCORE ON AN EXAMINATION ACCEPTABLE TO THE DEPART-
 MENT.
   2.  THE DEPARTMENT SHALL FURNISH TO EACH PERSON APPLYING FOR A LICENSE
 PURSUANT TO THIS SECTION AN APPLICATION FORM CALLING FOR  SUCH  INFORMA-
 TION AS THE DEPARTMENT DEEMS NECESSARY AND SHALL ISSUE TO EACH APPLICANT
 WHO  SATISFIES  THE  REQUIREMENTS  OF  SUBDIVISION ONE OF THIS SECTION A
 LICENSE AS A PHYSICIAN ASSISTANT IN A PARTICULAR MEDICAL  SPECIALTY  FOR
 THE PERIOD EXPIRING DECEMBER THIRTY-FIRST OF THE FIRST ODD-NUMBERED YEAR
 TERMINATING SUBSEQUENT TO THE ISSUANCE OF SUCH LICENSE.
   3.  EVERY  LICENSEE SHALL APPLY TO THE DEPARTMENT FOR A RENEWAL OF HIS
 OR HER LICENSE. THE DEPARTMENT SHALL MAIL TO  EVERY  LICENSED  PHYSICIAN
 ASSISTANT  AN  APPLICATION FORM FOR RENEWAL, ADDRESSED TO THE LICENSEE'S
 POST OFFICE ADDRESS ON FILE WITH THE DEPARTMENT. UPON  RECEIPT  OF  SUCH
 APPLICATION  PROPERLY  EXECUTED,  TOGETHER WITH EVIDENCE OF SATISFACTORY
 COMPLETION OF SUCH CONTINUING EDUCATION REQUIREMENTS AS  MAY  BE  ESTAB-
 LISHED  BY THE COMMISSIONER PURSUANT TO SECTION THIRTY-SEVEN HUNDRED ONE
 OF THIS CHAPTER, THE DEPARTMENT SHALL ISSUE A RENEWAL.  RENEWAL  PERIODS
 SHALL BE TRIENNIAL AND THE RENEWAL FEE SHALL BE FORTY-FIVE DOLLARS.
   §  6542. PERFORMANCE OF MEDICAL SERVICES. 1. NOTWITHSTANDING ANY OTHER
 PROVISION OF LAW, A PHYSICIAN ASSISTANT MAY  PERFORM  MEDICAL  SERVICES,
 BUT  ONLY  WHEN  UNDER THE SUPERVISION OF A PHYSICIAN AND ONLY WHEN SUCH
 ACTS AND DUTIES AS ARE ASSIGNED TO HIM OR HER ARE WITHIN  THE  SCOPE  OF
 PRACTICE OF SUCH SUPERVISING PHYSICIAN.
   2.  SUPERVISION  SHALL  BE  CONTINUOUS  BUT  SHALL NOT BE CONSTRUED AS
 NECESSARILY REQUIRING THE PHYSICAL PRESENCE OF THE SUPERVISING PHYSICIAN
 AT THE TIME AND PLACE WHERE SUCH SERVICES ARE PERFORMED.
   3. NO PHYSICIAN SHALL EMPLOY OR SUPERVISE  MORE  THAN  FOUR  PHYSICIAN
 ASSISTANTS IN HIS OR HER PRIVATE PRACTICE.
   4.  NOTHING  IN  THIS  TITLE  SHALL PROHIBIT A HOSPITAL FROM EMPLOYING
 PHYSICIAN ASSISTANTS PROVIDED THEY  WORK  UNDER  THE  SUPERVISION  OF  A
 PHYSICIAN  DESIGNATED  BY THE HOSPITAL AND NOT BEYOND THE SCOPE OF PRAC-
 TICE OF SUCH PHYSICIAN. THE NUMERICAL LIMITATION OF SUBDIVISION THREE OF
 THIS SECTION SHALL NOT APPLY TO SERVICES PERFORMED IN A HOSPITAL.
   5. NOTWITHSTANDING ANY OTHER PROVISION OF THIS  TITLE,  NOTHING  SHALL
 PROHIBIT A PHYSICIAN EMPLOYED BY OR RENDERING SERVICES TO THE DEPARTMENT
 OF CORRECTIONS AND COMMUNITY SUPERVISION UNDER CONTRACT FROM SUPERVISING
 NO  MORE  THAN  SIX  PHYSICIAN ASSISTANTS IN HIS OR HER PRACTICE FOR THE
 DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION.
   6. NOTWITHSTANDING ANY  OTHER  PROVISION  OF  LAW,  A  TRAINEE  IN  AN
 APPROVED  PROGRAM  MAY  PERFORM  MEDICAL SERVICES WHEN SUCH SERVICES ARE
 PERFORMED WITHIN THE SCOPE OF SUCH PROGRAM.
   7. NOTHING IN THIS TITLE OR IN ARTICLE THIRTY-SEVEN  OF  THIS  CHAPTER
 SHALL  BE  CONSTRUED  TO AUTHORIZE PHYSICIAN ASSISTANTS TO PERFORM THOSE
 SPECIFIC FUNCTIONS AND DUTIES SPECIFICALLY DELEGATED  BY  LAW  TO  THOSE
 PERSONS LICENSED AS ALLIED HEALTH PROFESSIONALS UNDER THIS CHAPTER.
   §  6543. CONSTRUCTION. ONLY A PERSON LICENSED AS A PHYSICIAN ASSISTANT
 BY THE DEPARTMENT MAY USE THE TITLE "PHYSICIAN ASSISTANT" OR THE LETTERS
 "P.A." AFTER HIS OR HER NAME.
   § 6544. REGULATIONS. THE COMMISSIONER MAY PROMULGATE SUCH OTHER  REGU-
 LATIONS AS ARE NECESSARY TO CARRY OUT THE PURPOSES OF THIS TITLE.
   §  6545. EMERGENCY SERVICES RENDERED BY PHYSICIAN ASSISTANT.  NOTWITH-
 STANDING ANY INCONSISTENT PROVISION OF ANY  GENERAL,  SPECIAL  OR  LOCAL
 LAW,  ANY PHYSICIAN ASSISTANT PROPERLY LICENSED IN THIS STATE WHO VOLUN-
 S. 4007--A                         297                        A. 3007--A
 
 TARILY AND WITHOUT THE  EXPECTATION  OF  MONETARY  COMPENSATION  RENDERS
 FIRST  AID  OR  EMERGENCY TREATMENT AT THE SCENE OF AN ACCIDENT OR OTHER
 EMERGENCY, OUTSIDE A HOSPITAL, DOCTOR'S OFFICE OR ANY OTHER PLACE HAVING
 PROPER  AND NECESSARY MEDICAL EQUIPMENT, TO A PERSON WHO IS UNCONSCIOUS,
 ILL OR INJURED, SHALL NOT BE LIABLE FOR DAMAGES FOR INJURIES ALLEGED  TO
 HAVE  BEEN SUSTAINED BY SUCH PERSON OR FOR DAMAGES FOR THE DEATH OF SUCH
 PERSON ALLEGED TO HAVE OCCURRED BY REASON OF AN ACT OR OMISSION  IN  THE
 RENDERING  OF  SUCH FIRST AID OR EMERGENCY TREATMENT UNLESS IT IS ESTAB-
 LISHED THAT SUCH INJURIES WERE OR SUCH DEATH WAS CAUSED BY GROSS  NEGLI-
 GENCE  ON  THE PART OF SUCH PHYSICIAN ASSISTANT. NOTHING IN THIS SECTION
 SHALL BE DEEMED OR CONSTRUED TO RELIEVE A LICENSED  PHYSICIAN  ASSISTANT
 FROM  LIABILITY  FOR  DAMAGES  FOR INJURIES OR DEATH CAUSED BY AN ACT OR
 OMISSION ON THE PART OF A PHYSICIAN ASSISTANT  WHILE  RENDERING  PROFES-
 SIONAL  SERVICES  IN  THE NORMAL AND ORDINARY COURSE OF HIS OR HER PRAC-
 TICE.
   § 6546. LIMITED PERMITS. PERMITS LIMITED AS TO  ELIGIBILITY,  PRACTICE
 AND  DURATION, SHALL BE ISSUED BY THE DEPARTMENT TO ELIGIBLE APPLICANTS,
 AS FOLLOWS:
   1. ELIGIBILITY. A PERSON WHO FULFILLS ALL REQUIREMENTS TO BE  LICENSED
 AS  A  PHYSICIAN ASSISTANT EXCEPT THAT RELATING TO THE EXAMINATION SHALL
 BE ELIGIBLE FOR A LIMITED PERMIT.
   2. LIMIT OF PRACTICE. A PERMITTEE SHALL BE AUTHORIZED TO PRACTICE AS A
 PHYSICIAN ASSISTANT ONLY UNDER THE DIRECT SUPERVISION OF A PHYSICIAN.
   3. DURATION. A LIMITED PERMIT SHALL EXPIRE ONE YEAR FROM THE  DATE  OF
 ISSUANCE  OR  UPON  NOTICE  TO  THE PERMITTEE BY THE DEPARTMENT THAT THE
 APPLICATION FOR A LICENSE HAS BEEN DENIED. A  LIMITED  PERMIT  SHALL  BE
 EXTENDED  UPON  APPLICATION  FOR  ONE ADDITIONAL YEAR, PROVIDED THAT THE
 PERMITTEE'S REQUEST FOR SUCH EXTENSION IS ENDORSED BY  A  PHYSICIAN  WHO
 EITHER  HAS SUPERVISED OR WILL SUPERVISE THE PERMITTEE, EXCEPT THAT SUCH
 EXTENSION MAY BE DENIED BY THE DEPARTMENT FOR CAUSE WHICH SHALL BE STAT-
 ED IN WRITING. IF THE PERMITTEE IS AWAITING THE RESULTS OF  A  LICENSING
 EXAMINATION  AT  THE TIME SUCH LIMITED PERMIT EXPIRES, SUCH PERMIT SHALL
 CONTINUE TO BE VALID UNTIL TEN DAYS AFTER NOTIFICATION TO THE  PERMITTEE
 OF THE RESULT OF SUCH EXAMINATION.
   4.  FEES.  THE  FEE  FOR EACH LIMITED PERMIT SHALL BE ONE HUNDRED FIVE
 DOLLARS.
 
                                  TITLE 5
                           SPECIALIST ASSISTANTS
 SECTION 6547. DEFINITIONS.
         6548. REGISTRATION.
         6549.   PERFORMANCE OF MEDICAL SERVICES.
         6549-A. CONSTRUCTION.
         6549-B. REGULATIONS.
   § 6547. DEFINITIONS. AS USED IN THIS TITLE:
   1. THE TERM "SPECIALIST ASSISTANT" MEANS A PERSON  WHO  IS  REGISTERED
 PURSUANT  TO  THIS  TITLE  AS  A  SPECIALIST  ASSISTANT FOR A PARTICULAR
 MEDICAL SPECIALTY AS DEFINED BY REGULATIONS PROMULGATED BY  THE  COMMIS-
 SIONER OF HEALTH PURSUANT TO SECTION THIRTY-SEVEN HUNDRED ELEVEN OF THIS
 CHAPTER.
   2.  THE  TERM "PHYSICIAN" MEANS A PRACTITIONER OF MEDICINE LICENSED TO
 PRACTICE MEDICINE PURSUANT TO TITLE TWO OF THIS ARTICLE.
   3. THE TERM "APPROVED PROGRAM" MEANS A PROGRAM FOR  THE  EDUCATION  OF
 SPECIALIST ASSISTANTS WHICH HAS BEEN APPROVED BY THE DEPARTMENT.
   4.  THE  TERM "HOSPITAL" MEANS AN INSTITUTION OR FACILITY POSSESSING A
 VALID OPERATING CERTIFICATE ISSUED PURSUANT TO ARTICLE  TWENTY-EIGHT  OF
 S. 4007--A                         298                        A. 3007--A
 
 THIS  CHAPTER  AND AUTHORIZED TO EMPLOY SPECIALIST ASSISTANTS IN ACCORD-
 ANCE WITH RULES AND REGULATIONS OF THE DEPARTMENT AND THE  HEALTH  PLAN-
 NING COUNCIL.
   §  6548.  REGISTRATION. 1. TO QUALIFY FOR REGISTRATION AS A SPECIALIST
 ASSISTANT, EACH PERSON SHALL PAY A FEE OF ONE HUNDRED FIFTEEN DOLLARS TO
 THE DEPARTMENT FOR ADMISSION TO A DEPARTMENT  CONDUCTED  EXAMINATION,  A
 FEE  OF  FORTY-FIVE  DOLLARS FOR EACH REEXAMINATION AND A FEE OF SEVENTY
 DOLLARS FOR PERSONS NOT REQUIRING ADMISSION TO  A  DEPARTMENT  CONDUCTED
 EXAMINATION  AND  SHALL  ALSO  SUBMIT SATISFACTORY EVIDENCE, VERIFIED BY
 OATH OR AFFIRMATION, THAT HE OR SHE:
   A. AT THE TIME OF APPLICATION IS AT LEAST TWENTY-ONE YEARS OF AGE;
   B. IS OF GOOD MORAL CHARACTER;
   C. HAS SUCCESSFULLY COMPLETED A FOUR-YEAR COURSE OF STUDY IN A SECOND-
 ARY SCHOOL APPROVED BY THE DEPARTMENT OR HAS PASSED AN EQUIVALENCY TEST;
 AND
   D. HAS SATISFACTORILY COMPLETED AN APPROVED PROGRAM FOR  THE  TRAINING
 OF SPECIALIST ASSISTANTS.
   2.  THE DEPARTMENT SHALL FURNISH TO EACH PERSON APPLYING FOR REGISTRA-
 TION HEREUNDER AN APPLICATION FORM CALLING FOR SUCH INFORMATION  AS  THE
 DEPARTMENT  DEEMS NECESSARY AND SHALL ISSUE TO EACH APPLICANT WHO SATIS-
 FIES THE REQUIREMENTS OF SUBDIVISION ONE OF THIS SECTION  A  CERTIFICATE
 OF REGISTRATION AS SPECIALIST ASSISTANT IN A PARTICULAR MEDICAL SPECIAL-
 TY  FOR  THE PERIOD EXPIRING DECEMBER THIRTY-FIRST OF THE FIRST ODD-NUM-
 BERED YEAR TERMINATING SUBSEQUENT TO SUCH REGISTRATION.
   3. EVERY REGISTRANT SHALL APPLY TO THE DEPARTMENT FOR A CERTIFICATE OF
 REGISTRATION. THE DEPARTMENT SHALL MAIL TO EVERY  REGISTERED  SPECIALIST
 ASSISTANT  AN APPLICATION FORM FOR REGISTRATION, ADDRESSED TO THE REGIS-
 TRANT'S POST OFFICE ADDRESS ON FILE WITH THE DEPARTMENT. UPON RECEIPT OF
 SUCH APPLICATION PROPERLY EXECUTED, TOGETHER WITH EVIDENCE OF  SATISFAC-
 TORY  COMPLETION  OF  SUCH  CONTINUING  EDUCATION REQUIREMENTS AS MAY BE
 ESTABLISHED BY THE COMMISSIONER PURSUANT TO SECTION THIRTY-SEVEN HUNDRED
 ELEVEN OF THIS CHAPTER, THE DEPARTMENT  SHALL  ISSUE  A  CERTIFICATE  OF
 REGISTRATION.  REGISTRATION PERIODS SHALL BE TRIENNIAL AND THE REGISTRA-
 TION FEE SHALL BE FORTY-FIVE DOLLARS.
   § 6549. PERFORMANCE OF MEDICAL SERVICES. 1. NOTWITHSTANDING ANY  OTHER
 PROVISION  OF  LAW, A SPECIALIST ASSISTANT MAY PERFORM MEDICAL SERVICES,
 BUT ONLY WHEN UNDER THE SUPERVISION OF A PHYSICIAN AND  ONLY  WHEN  SUCH
 ACTS  AND DUTIES AS ARE ASSIGNED TO HIM OR HER ARE RELATED TO THE DESIG-
 NATED MEDICAL SPECIALTY FOR WHICH HE OR SHE IS REGISTERED AND ARE WITHIN
 THE SCOPE OF PRACTICE OF HIS OR HER SUPERVISING PHYSICIAN.
   2. SUPERVISION SHALL BE CONTINUOUS  BUT  SHALL  NOT  BE  CONSTRUED  AS
 NECESSARILY REQUIRING THE PHYSICAL PRESENCE OF THE SUPERVISING PHYSICIAN
 AT THE TIME AND PLACE WHERE SUCH SERVICES ARE PERFORMED.
   3.  NO  PHYSICIAN  SHALL  EMPLOY OR SUPERVISE MORE THAN TWO SPECIALIST
 ASSISTANTS IN HIS OR HER PRIVATE PRACTICE.
   4. NOTHING IN THIS TITLE SHALL  PROHIBIT  A  HOSPITAL  FROM  EMPLOYING
 SPECIALIST  ASSISTANTS  PROVIDED  THEY  WORK  UNDER THE SUPERVISION OF A
 PHYSICIAN DESIGNATED BY THE HOSPITAL AND NOT BEYOND THE SCOPE  OF  PRAC-
 TICE OF SUCH PHYSICIAN. THE NUMERICAL LIMITATION OF SUBDIVISION THREE OF
 THIS SECTION SHALL NOT APPLY TO SERVICES PERFORMED IN A HOSPITAL.
   5.  NOTWITHSTANDING  ANY  OTHER PROVISION OF THIS TITLE, NOTHING SHALL
 PROHIBIT A PHYSICIAN EMPLOYED BY OR RENDERING SERVICES TO THE DEPARTMENT
 OF CORRECTIONAL SERVICES UNDER CONTRACT FROM SUPERVISING  NO  MORE  THAN
 FOUR  SPECIALIST ASSISTANTS IN HIS OR HER PRACTICE FOR THE DEPARTMENT OF
 CORRECTIONS AND COMMUNITY SUPERVISION.
 S. 4007--A                         299                        A. 3007--A
 
   6. NOTWITHSTANDING ANY  OTHER  PROVISION  OF  LAW,  A  TRAINEE  IN  AN
 APPROVED  PROGRAM  MAY  PERFORM  MEDICAL SERVICES WHEN SUCH SERVICES ARE
 PERFORMED WITHIN THE SCOPE OF SUCH PROGRAM.
   7. NOTHING IN THIS TITLE OR IN ARTICLE THIRTY-SEVEN-A OF THIS CHAPTER,
 SHALL  BE  CONSTRUED TO AUTHORIZE SPECIALIST ASSISTANTS TO PERFORM THOSE
 SPECIFIC FUNCTIONS AND DUTIES SPECIFICALLY DELEGATED  BY  LAW  TO  THOSE
 PERSONS LICENSED AS ALLIED HEALTH PROFESSIONALS UNDER THIS CHAPTER.
   §  6549-A.  CONSTRUCTION.  ONLY  A  PERSON  REGISTERED AS A SPECIALIST
 ASSISTANT BY THE DEPARTMENT MAY USE  THE  TITLE  "REGISTERED  SPECIALIST
 ASSISTANT" OR THE LETTERS "R.S.A." AFTER HIS OR HER NAME.
   §  6549-B.  REGULATIONS.  THE  COMMISSIONER  MAY PROMULGATE SUCH OTHER
 REGULATIONS AS ARE NECESSARY TO CARRY OUT THE PURPOSES OF THIS TITLE.
 
                                  TITLE 6
                               CHIROPRACTIC
 
 SECTION 6550.   INTRODUCTION.
         6551.   DEFINITION OF PRACTICE OF CHIROPRACTIC.
         6552.   PRACTICE OF CHIROPRACTIC AND USE  OF  TITLE  "CHIROPRAC-
                   TOR".
         6553.   STATE BOARD FOR CHIROPRACTIC.
         6554.   REQUIREMENTS FOR A PROFESSIONAL LICENSE.
         6554-A. MANDATORY CONTINUING EDUCATION FOR CHIROPRACTORS.
         6555.   EXEMPT PERSONS.
         6556.   SPECIAL PROVISIONS.
   §  6550. INTRODUCTION. THIS TITLE APPLIES TO THE PROFESSION OF CHIROP-
 RACTIC. THE GENERAL PROVISIONS FOR ALL PROFESSIONS  CONTAINED  IN  TITLE
 ONE OF THIS ARTICLE APPLY TO THIS TITLE.
   § 6551. DEFINITION OF PRACTICE OF CHIROPRACTIC. 1. THE PRACTICE OF THE
 PROFESSION  OF  CHIROPRACTIC  IS  DEFINED AS DETECTING AND CORRECTING BY
 MANUAL OR MECHANICAL MEANS STRUCTURAL IMBALANCE, DISTORTION, OR SUBLUXA-
 TIONS IN THE HUMAN BODY FOR THE PURPOSE OF REMOVING  NERVE  INTERFERENCE
 AND  THE  EFFECTS  THEREOF,  WHERE SUCH INTERFERENCE IS THE RESULT OF OR
 RELATED TO DISTORTION, MISALIGNMENT OR SUBLUXATION OF OR IN  THE  VERTE-
 BRAL COLUMN.
   2.  A.  A  LICENSE  TO PRACTICE AS A CHIROPRACTOR SHALL NOT PERMIT THE
 HOLDER THEREOF TO USE RADIO-THERAPY, FLUOROSCOPY, OR ANY FORM OF  IONIZ-
 ING  RADIATION  EXCEPT  X-RAY  WHICH  SHALL BE USED FOR THE DETECTION OF
 STRUCTURAL IMBALANCE, DISTORTION, OR SUBLUXATIONS IN THE HUMAN BODY.
   B. THE REQUIREMENTS AND LIMITATIONS WITH RESPECT TO THE USE  OF  X-RAY
 BY  CHIROPRACTORS SHALL BE ENFORCED BY THE COMMISSIONER AND HE OR SHE IS
 AUTHORIZED TO PROMULGATE RULES AND REGULATIONS AFTER CONFERRING WITH THE
 BOARD TO CARRY OUT THE PURPOSES OF THIS SUBDIVISION.
   C. CHIROPRACTORS SHALL RETAIN, FOR A PERIOD OF THREE YEARS, ALL  X-RAY
 FILMS  TAKEN  IN THE COURSE OF THEIR PRACTICE, TOGETHER WITH THE RECORDS
 PERTAINING THERETO, AND SHALL MAKE SUCH FILMS AND RECORDS  AVAILABLE  TO
 THE COMMISSIONER OR HIS OR HER REPRESENTATIVE ON DEMAND.
   3.  A  LICENSE  TO  PRACTICE  CHIROPRACTIC SHALL NOT PERMIT THE HOLDER
 THEREOF TO TREAT FOR ANY INFECTIOUS  DISEASES  SUCH  AS  PNEUMONIA,  ANY
 COMMUNICABLE  DISEASES  LISTED  IN THE SANITARY CODE OF THE STATE OF NEW
 YORK, ANY OF THE CARDIO-VASCULAR-RENAL OR CARDIO-PULMONARY DISEASES, ANY
 SURGICAL CONDITION  OF  THE  ABDOMEN  SUCH  AS  ACUTE  APPENDICITIS,  OR
 DIABETES,  OR  ANY  BENIGN OR MALIGNANT NEOPLASMS; TO OPERATE; TO REDUCE
 FRACTURES OR DISLOCATIONS; TO PRESCRIBE, ADMINISTER, DISPENSE OR USE  IN
 HIS  OR  HER PRACTICE DRUGS OR MEDICINES; OR TO USE DIAGNOSTIC OR THERA-
 PEUTIC METHODS INVOLVING CHEMICAL OR BIOLOGICAL MEANS EXCEPT  DIAGNOSTIC
 S. 4007--A                         300                        A. 3007--A
 
 SERVICES  PERFORMED  BY  CLINICAL  LABORATORIES  WHICH SERVICES SHALL BE
 APPROVED BY THE BOARD AS APPROPRIATE TO THE PRACTICE OF CHIROPRACTIC; OR
 TO UTILIZE ELECTRICAL DEVICES EXCEPT THOSE DEVICES APPROVED BY THE BOARD
 AS  BEING  APPROPRIATE  TO  THE PRACTICE OF CHIROPRACTIC. NOTHING HEREIN
 SHALL BE CONSTRUED TO PROHIBIT A LICENSED CHIROPRACTOR WHO HAS  SUCCESS-
 FULLY  COMPLETED  A  REGISTERED  DOCTORAL PROGRAM IN CHIROPRACTIC, WHICH
 CONTAINS COURSES OF STUDY IN NUTRITION SATISFACTORY TO  THE  DEPARTMENT,
 FROM  USING  NUTRITIONAL  COUNSELING,  INCLUDING  THE DISPENSING OF FOOD
 CONCENTRATES, FOOD EXTRACTS, VITAMINS, MINERALS, AND  OTHER  NUTRITIONAL
 SUPPLEMENTS APPROVED BY THE BOARD AS BEING APPROPRIATE TO, AND AS A PART
 OF,  HIS  OR  HER  PRACTICE  OF  CHIROPRACTIC.  NOTHING  HEREIN SHALL BE
 CONSTRUED TO PROHIBIT AN INDIVIDUAL WHO IS NOT SUBJECT TO REGULATION  IN
 THIS STATE AS A LICENSED CHIROPRACTOR FROM ENGAGING IN NUTRITIONAL COUN-
 SELING.
   §  6552.  PRACTICE  OF  CHIROPRACTIC  AND USE OF TITLE "CHIROPRACTOR".
 ONLY A PERSON LICENSED OR EXEMPT UNDER THIS TITLE SHALL PRACTICE CHIROP-
 RACTIC OR USE THE TITLE "CHIROPRACTOR".
   § 6553. STATE BOARD FOR CHIROPRACTIC. A STATE BOARD  FOR  CHIROPRACTIC
 SHALL  BE  APPOINTED  BY THE DEPARTMENT ON RECOMMENDATION OF THE COMMIS-
 SIONER FOR THE PURPOSE OF ASSISTING THE DEPARTMENT ON MATTERS OF PROFES-
 SIONAL LICENSING AND PROFESSIONAL CONDUCT  IN  ACCORDANCE  WITH  SECTION
 SIXTY-FIVE HUNDRED EIGHT OF THIS ARTICLE. THE BOARD SHALL BE COMPOSED OF
 NOT LESS THAN SEVEN MEMBERS, INCLUDING AT LEAST FOUR LICENSED CHIROPRAC-
 TORS,  ONE  LICENSED PHYSICIAN WHO IS A DOCTOR OF MEDICINE, ONE LICENSED
 PHYSICIAN WHO IS A DOCTOR OF OSTEOPATHY, AND ONE EDUCATOR  WHO  HOLDS  A
 DOCTORATE OR EQUIVALENT DEGREE IN EITHER ANATOMY, PHYSIOLOGY, PATHOLOGY,
 CHEMISTRY  OR MICROBIOLOGY. AN EXECUTIVE SECRETARY TO THE BOARD SHALL BE
 APPOINTED BY THE DEPARTMENT ON RECOMMENDATION OF THE COMMISSIONER.
   § 6554. REQUIREMENTS FOR A PROFESSIONAL  LICENSE.  TO  QUALIFY  FOR  A
 LICENSE  AS  A  CHIROPRACTOR,  AN  APPLICANT SHALL FULFILL THE FOLLOWING
 REQUIREMENTS:
   1. APPLICATION: FILE AN APPLICATION WITH THE DEPARTMENT;
   2. EDUCATION: HAVE RECEIVED  AN  EDUCATION,  INCLUDING  TWO  YEARS  OF
 PREPROFESSIONAL  COLLEGE  STUDY  AND  COMPLETION OF A FOUR-YEAR RESIDENT
 PROGRAM IN CHIROPRACTIC, IN ACCORDANCE  WITH  THE  COMMISSIONER'S  REGU-
 LATIONS;
   3.  EXPERIENCE:  HAVE  EXPERIENCE  SATISFACTORY  TO  THE  BOARD AND IN
 ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS;
   4. EXAMINATION: PASS EXAMINATIONS SATISFACTORY TO  THE  BOARD  AND  IN
 ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS, IN CLINICAL CHIROPRACTIC
 ANALYSIS,  THE  PRACTICE OF CHIROPRACTIC, X-RAY AS IT RELATES TO CHIROP-
 RACTIC ANALYSIS, AND EXAMINATIONS  SATISFACTORY  TO  THE  DEPARTMENT  IN
 ANATOMY,  PHYSIOLOGY, PATHOLOGY, CHEMISTRY, MICROBIOLOGY, DIAGNOSIS, AND
 THE USE AND EFFECT OF X-RAY;
   5. AGE: BE AT LEAST TWENTY-ONE YEARS OF AGE;
   6. CITIZENSHIP OR IMMIGRATION STATUS: BE A UNITED STATES CITIZEN OR AN
 ALIEN LAWFULLY ADMITTED FOR PERMANENT RESIDENCE IN THE UNITED STATES;
   7. CHARACTER: BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE  DEPART-
 MENT; AND
   8.  FEES: PAY A FEE OF ONE HUNDRED SEVENTY-FIVE DOLLARS TO THE DEPART-
 MENT FOR ADMISSION TO A DEPARTMENT  CONDUCTED  EXAMINATION  AND  FOR  AN
 INITIAL  LICENSE, A FEE OF EIGHTY-FIVE DOLLARS FOR EACH REEXAMINATION, A
 FEE OF ONE HUNDRED FIFTEEN DOLLARS FOR AN INITIAL  LICENSE  FOR  PERSONS
 NOT REQUIRING ADMISSION TO A DEPARTMENT CONDUCTED EXAMINATION, AND A FEE
 OF  ONE HUNDRED FIFTY-FIVE DOLLARS FOR EACH TRIENNIAL REGISTRATION PERI-
 OD.
 S. 4007--A                         301                        A. 3007--A
 
   § 6554-A. MANDATORY CONTINUING EDUCATION FOR CHIROPRACTORS. 1. A. EACH
 CHIROPRACTOR LICENSED PURSUANT  TO  THIS  TITLE,  REQUIRED  TO  REGISTER
 TRIENNIALLY  WITH THE DEPARTMENT TO PRACTICE IN THIS STATE, SHALL COMPLY
 WITH THE PROVISIONS OF THE MANDATORY CONTINUING EDUCATION  REQUIREMENTS,
 EXCEPT  AS  SET  FORTH IN PARAGRAPHS B AND C OF THIS SUBDIVISION. CHIRO-
 PRACTORS WHO DO NOT SATISFY THE MANDATORY CONTINUING EDUCATION  REQUIRE-
 MENTS  SHALL NOT PRACTICE UNTIL THEY HAVE MET SUCH REQUIREMENTS AND HAVE
 BEEN ISSUED A REGISTRATION OR CONDITIONAL REGISTRATION CERTIFICATE.
   B. CHIROPRACTORS SHALL BE EXEMPT FROM THE MANDATORY CONTINUING  EDUCA-
 TION REQUIREMENT FOR THE TRIENNIAL REGISTRATION PERIOD DURING WHICH THEY
 ARE  FIRST  LICENSED.  IN  ACCORDANCE  WITH  THE INTENT OF THIS SECTION,
 ADJUSTMENTS TO THE MANDATORY CONTINUING  EDUCATION  REQUIREMENT  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 CHIROPRACTOR NOT ENGAGED IN CHIROPRACTIC PRACTICE AS AN
 INDIVIDUAL PRACTITIONER, A PARTNER OR A PARTNERSHIP, A SHAREHOLDER OF  A
 PROFESSIONAL SERVICE CORPORATION, AS AN EMPLOYEE OF SUCH PRACTICE UNITS,
 OR  AS  AN  EMPLOYEE OF A FACILITY OPERATING PURSUANT TO ARTICLE TWENTY-
 EIGHT OF THIS CHAPTER, OR AS OTHERWISE  DETERMINED  BY  THE  DEPARTMENT,
 SHALL BE EXEMPT FROM THE MANDATORY CONTINUING EDUCATION REQUIREMENT UPON
 THE  FILING  OF  A  STATEMENT WITH THE DEPARTMENT DECLARING SUCH STATUS.
 ANY LICENSEE WHO RETURNS TO THE PUBLIC PRACTICE OF  CHIROPRACTIC  DURING
 THE  TRIENNIAL  REGISTRATION PERIOD SHALL NOTIFY THE DEPARTMENT PRIOR TO
 REENTERING THE PROFESSION  AND  SHALL  MEET  SUCH  MANDATORY  CONTINUING
 EDUCATION  REQUIREMENTS  AS  SHALL  BE  PROMULGATED BY REGULATION OF THE
 COMMISSIONER IN CONSULTATION WITH THE BOARD.
   D. NOTHING IN THIS SECTION SHALL BE CONSTRUED AS ENABLING OR AUTHORIZ-
 ING THE DEPARTMENT OR STATE BOARD FOR CHIROPRACTIC TO REQUIRE OR  IMPLE-
 MENT CONTINUING COMPETENCY TESTING OR CONTINUED COMPETENCY CERTIFICATION
 FOR CHIROPRACTORS.
   2.  DURING  EACH TRIENNIAL REGISTRATION PERIOD AN APPLICANT FOR REGIS-
 TRATION SHALL COMPLETE THIRTY-SIX HOURS OF ACCEPTABLE FORMAL  CONTINUING
 EDUCATION,  A MAXIMUM OF TWELVE HOURS OF WHICH MAY BE SELF-INSTRUCTIONAL
 COURSEWORK AS APPROVED BY THE DEPARTMENT IN CONSULTATION WITH THE BOARD.
 ANY CHIROPRACTOR WHOSE FIRST REGISTRATION DATE FOLLOWING  THE  EFFECTIVE
 DATE  OF  THIS  SECTION OCCURS LESS THAN THREE YEARS FROM SUCH EFFECTIVE
 DATE, BUT ON OR AFTER JANUARY FIRST, TWO THOUSAND FOUR,  SHALL  COMPLETE
 CONTINUING  EDUCATION  HOURS ON A PRORATED BASIS AT THE RATE OF ONE HOUR
 PER MONTH FOR THE PERIOD BEGINNING JANUARY FIRST, TWO THOUSAND  FOUR  UP
 TO THE FIRST REGISTRATION DATE THEREAFTER. A LICENSEE WHO HAS NOT SATIS-
 FIED THE MANDATORY CONTINUING EDUCATION REQUIREMENTS SHALL NOT BE ISSUED
 A  TRIENNIAL  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-
 S. 4007--A                         302                        A. 3007--A

 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
 CHIROPRACTIC WITHOUT SUCH REGISTRATION MAY BE  SUBJECT  TO  DISCIPLINARY
 PROCEEDINGS PURSUANT TO SECTION SIXTY-FIVE HUNDRED TEN OF THIS ARTICLE.
   4.  AS  USED IN THIS SECTION, "ACCEPTABLE FORMAL CONTINUING EDUCATION"
 SHALL MEAN FORMAL PROGRAMS OF LEARNING WHICH ARE SPONSORED OR  PRESENTED
 BY  A  NEW  YORK  STATE CHIROPRACTIC PROFESSIONAL ORGANIZATION, NATIONAL
 CHIROPRACTIC PROFESSIONAL ORGANIZATION OR  HIGHER  EDUCATIONAL  INSTITU-
 TION,  AND WHICH MEET THE FOLLOWING REQUIREMENTS: CONTAIN SUBJECT MATTER
 WHICH CONTRIBUTES TO THE ENHANCEMENT OF PROFESSIONAL AND CLINICAL SKILLS
 OF THE CHIROPRACTOR AND IS APPROVED AS ACCEPTABLE  CONTINUING  EDUCATION
 BY  A CHIROPRACTIC COLLEGE RECOGNIZED BY THE COMMISSION ON ACCREDITATION
 OF THE COUNCIL  OF  CHIROPRACTIC  EDUCATION  TO  FULFILL  THE  MANDATORY
 CONTINUING   EDUCATION  REQUIREMENTS,  AND  WHICH  MEETS  THE  STANDARDS
 PRESCRIBED BY REGULATIONS OF THE COMMISSIONER IN CONSULTATION  WITH  THE
 BOARD TO FULFILL THE MANDATORY CONTINUING EDUCATION REQUIREMENT.
   5.  CHIROPRACTORS  SHALL  CERTIFY AT EACH TRIENNIAL REGISTRATION AS TO
 HAVING SATISFIED THE MANDATORY CONTINUING EDUCATION REQUIREMENTS OF THIS
 SECTION, SHALL MAINTAIN ADEQUATE DOCUMENTATION OF COMPLETION OF ACCEPTA-
 BLE FORMAL CONTINUING EDUCATION TO SUPPORT SUCH CERTIFICATION 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 ARTICLE.
   6. THE MANDATORY CONTINUING EDUCATION FEE SHALL BE FORTY-FIVE 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-FIVE HUNDRED FIFTY-FOUR OF THIS TITLE.
   § 6555. EXEMPT PERSONS. NOTHING IN THIS TITLE SHALL  BE  CONSTRUED  TO
 AFFECT  OR  PREVENT  A  STUDENT ENROLLED IN A COLLEGE OF CHIROPRACTIC IN
 THIS STATE FROM ENGAGING IN ALL PHASES OF CLINICAL PRACTICE UNDER SUPER-
 VISION OF A LICENSED CHIROPRACTOR OR PHYSICIAN IN  A  CURRICULUM  REGIS-
 TERED BY THE DEPARTMENT.
   §  6556.  SPECIAL  PROVISIONS. 1. ANY CHIROPRACTOR WHO HOLDS A LICENSE
 STATING THAT THE HOLDER IS NOT AUTHORIZED TO USE X-RAY  IN  HIS  OR  HER
 PRACTICE  SHALL,  ON  EACH REGISTRATION, CONTINUE TO OBTAIN A LICENSE SO
 MARKED. ANY CHIROPRACTOR HOLDING SUCH A LICENSE  MAY  OBTAIN  A  LICENSE
 PERMITTING  THE USE OF X-RAY PROVIDED HE OR SHE FIRST PASSES AN EXAMINA-
 TION IN THE USE AND EFFECT OF X-RAY SATISFACTORY TO THE  BOARD  AND  THE
 DEPARTMENT.
   2.  AN  APPLICANT WHO GRADUATED FROM A SCHOOL OF CHIROPRACTIC PRIOR TO
 JANUARY FIRST, NINETEEN HUNDRED SIXTY-EIGHT NEED NOT MEET  THE  TWO-YEAR
 PREPROFESSIONAL  COLLEGE  STUDY  REQUIREMENT PROVIDED FOR IN SUBDIVISION
 TWO OF SECTION SIXTY-FIVE HUNDRED FIFTY-FOUR OF THIS TITLE.
 
                                  TITLE 7
        DENTISTRY, DENTAL HYGIENE, AND REGISTERED DENTAL ASSISTING
 SECTION 6600.   INTRODUCTION.
         6601.   DEFINITION OF PRACTICE OF DENTISTRY.
         6602.   PRACTICE OF DENTISTRY AND USE OF TITLE "DENTIST".
         6603.   STATE BOARD FOR DENTISTRY.
         6604.   REQUIREMENTS FOR A LICENSE AS A DENTIST.
         6604-A. MANDATORY CONTINUING EDUCATION FOR DENTISTS.
         6604-B. RESTRICTED DENTAL FACULTY LICENSE.
 S. 4007--A                         303                        A. 3007--A
 
         6605.   LIMITED PERMITS.
         6605-A. DENTAL ANESTHESIA CERTIFICATE.
         6605-B. DENTAL    HYGIENE    RESTRICTED    LOCAL    INFILTRATION
                   ANESTHESIA/NITROUS OXIDE ANALGESIA CERTIFICATE.
         6606.   DEFINITION OF PRACTICE OF DENTAL HYGIENE.
         6607.   PRACTICE OF DENTAL HYGIENE  AND  USE  OF  TITLE  "DENTAL
                   HYGIENIST".
         6608.   DEFINITION OF PRACTICE OF REGISTERED DENTAL ASSISTING.
         6608-A. PRACTICE OF REGISTERED DENTAL ASSISTING AND USE OF TITLE
                   "REGISTERED DENTAL ASSISTANT".
         6608-B. REQUIREMENTS  FOR  CERTIFICATION  AS A REGISTERED DENTAL
                   ASSISTANT.
         6608-C. EXEMPT PERSONS; REGISTERED DENTAL ASSISTANT.
         6608-D. LIMITED PERMITS.
         6609.   REQUIREMENTS FOR A LICENSE AS A DENTAL HYGIENIST.
         6609-A. MANDATORY CONTINUING EDUCATION FOR DENTAL HYGIENISTS.
         6609-B. LIMITED PERMIT TO PRACTICE DENTAL HYGIENE.
         6610.   EXEMPT PERSONS; PRACTICE OF DENTAL HYGIENE.
         6611.   SPECIAL PROVISIONS.
         6612.   IDENTIFICATION OF REMOVABLE FULL OR  PARTIAL  PROSTHETIC
                   DEVICES.
         6613.   NITROUS OXIDE EQUIPMENT.
   § 6600. INTRODUCTION. THIS TITLE APPLIES TO THE PROFESSIONS OF DENTIS-
 TRY,  DENTAL  HYGIENE,  AND  REGISTERED  DENTAL  ASSISTING.  THE GENERAL
 PROVISIONS FOR ALL PROFESSIONS CONTAINED IN TITLE ONE  OF  THIS  ARTICLE
 APPLY TO THIS TITLE.
   §  6601.  DEFINITION  OF  PRACTICE  OF  DENTISTRY. THE PRACTICE OF THE
 PROFESSION OF DENTISTRY IS DEFINED AS DIAGNOSING,  TREATING,  OPERATING,
 OR  PRESCRIBING  FOR  ANY  DISEASE, PAIN, INJURY, DEFORMITY, OR PHYSICAL
 CONDITION OF THE ORAL AND MAXILLOFACIAL AREA RELATED  TO  RESTORING  AND
 MAINTAINING  DENTAL  HEALTH.  THE  PRACTICE  OF  DENTISTRY  INCLUDES THE
 PRESCRIBING AND FABRICATION OF DENTAL  PROSTHESES  AND  APPLIANCES.  THE
 PRACTICE  OF  DENTISTRY  MAY  INCLUDE PERFORMING PHYSICAL EVALUATIONS IN
 CONJUNCTION WITH THE PROVISION OF DENTAL TREATMENT.
   § 6602. PRACTICE OF DENTISTRY AND  USE  OF  TITLE  "DENTIST".  ONLY  A
 PERSON  LICENSED  OR  OTHERWISE  AUTHORIZED TO PRACTICE UNDER THIS TITLE
 SHALL PRACTICE DENTISTRY OR USE THE TITLE "DENTIST".
   § 6603. STATE BOARD FOR DENTISTRY. A STATE BOARD FOR  DENTISTRY  SHALL
 BE APPOINTED BY THE DEPARTMENT ON RECOMMENDATION OF THE COMMISSIONER FOR
 THE  PURPOSE  OF  ASSISTING  THE  DEPARTMENT  ON MATTERS OF PROFESSIONAL
 LICENSING AND PROFESSIONAL CONDUCT IN ACCORDANCE WITH SECTION SIXTY-FIVE
 HUNDRED EIGHT OF THIS ARTICLE. THE BOARD SHALL BE COMPOSED OF  NOT  LESS
 THAN  THIRTEEN  DENTISTS LICENSED IN THIS STATE FOR AT LEAST FIVE YEARS,
 NOT LESS THAN THREE DENTAL HYGIENISTS LICENSED  IN  THIS  STATE  FOR  AT
 LEAST  FIVE  YEARS,  AND  NOT  LESS THAN ONE REGISTERED DENTAL ASSISTANT
 LICENSED IN THIS STATE FOR AT LEAST ONE YEAR. AN EXECUTIVE SECRETARY  TO
 THE  BOARD SHALL BE APPOINTED BY THE DEPARTMENT ON RECOMMENDATION OF THE
 COMMISSIONER AND SHALL BE A DENTIST LICENSED IN THIS STATE.
   § 6604. REQUIREMENTS FOR A LICENSE AS A  DENTIST.  TO  QUALIFY  FOR  A
 LICENSE  AS A DENTIST, AN APPLICANT SHALL FULFILL THE FOLLOWING REQUIRE-
 MENTS:
   1. APPLICATION: FILE AN APPLICATION WITH THE DEPARTMENT;
   2. EDUCATION: HAVE RECEIVED AN EDUCATION, INCLUDING A DOCTORAL  DEGREE
 IN DENTISTRY, IN ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS;
   3.  EXPERIENCE:  HAVE  EXPERIENCE  SATISFACTORY  TO  THE  BOARD AND IN
 ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS, PROVIDED THAT SUCH EXPE-
 S. 4007--A                         304                        A. 3007--A
 
 RIENCE SHALL CONSIST OF SATISFACTORY COMPLETION  OF  A  CLINICALLY-BASED
 POSTDOCTORAL  GENERAL PRACTICE OR SPECIALTY DENTAL RESIDENCY PROGRAM, OF
 AT LEAST ONE YEAR'S DURATION, IN A HOSPITAL OR DENTAL  FACILITY  ACCRED-
 ITED  FOR  TEACHING  PURPOSES BY A NATIONAL ACCREDITING BODY APPROVED BY
 THE DEPARTMENT, PROVIDED, FURTHER THAT ANY SUCH RESIDENCY PROGRAM  SHALL
 INCLUDE  A FORMAL OUTCOME ASSESSMENT EVALUATION OF THE RESIDENT'S COMPE-
 TENCE TO PRACTICE DENTISTRY ACCEPTABLE TO THE DEPARTMENT;
   4. EXAMINATION: PASS A WRITTEN EXAMINATION SATISFACTORY TO  THE  BOARD
 AND IN ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS;
   5. AGE: BE AT LEAST TWENTY-ONE YEARS OF AGE;
   6. CITIZENSHIP OR IMMIGRATION STATUS: BE A UNITED STATES CITIZEN OR AN
 ALIEN  LAWFULLY  ADMITTED  FOR PERMANENT RESIDENCE IN THE UNITED STATES;
 PROVIDED, HOWEVER, THAT THE DEPARTMENT MAY GRANT A THREE-YEAR WAIVER FOR
 AN ALIEN TO PRACTICE IN AN AREA WHICH  HAS  BEEN  DESIGNATED  A  FEDERAL
 DENTAL  HEALTH PROFESSIONS SHORTAGE AREA, EXCEPT THAT THE DEPARTMENT MAY
 GRANT AN ADDITIONAL EXTENSION NOT TO EXCEED SIX YEARS  TO  AN  ALIEN  TO
 ENABLE  HIM  OR  HER TO SECURE CITIZENSHIP OR PERMANENT RESIDENT STATUS,
 PROVIDED SUCH STATUS IS BEING ACTIVELY PURSUED;
   7. CHARACTER: BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE  DEPART-
 MENT; AND
   8. FEES: PAY A FEE OF TWO HUNDRED TWENTY DOLLARS TO THE DEPARTMENT FOR
 ADMISSION  TO  A  DEPARTMENT  CONDUCTED  EXAMINATION  AND FOR AN INITIAL
 LICENSE, A FEE OF ONE HUNDRED FIFTEEN DOLLARS FOR EACH REEXAMINATION,  A
 FEE  OF  ONE  HUNDRED  THIRTY-FIVE  DOLLARS  FOR  AN INITIAL LICENSE FOR
 PERSONS NOT REQUIRING ADMISSION TO A DEPARTMENT  CONDUCTED  EXAMINATION,
 AND  A  FEE  OF  TWO HUNDRED TEN DOLLARS FOR EACH TRIENNIAL REGISTRATION
 PERIOD.
   § 6604-A. MANDATORY CONTINUING EDUCATION  FOR  DENTISTS.  1.  A.  EACH
 DENTIST,  LICENSED PURSUANT TO THIS TITLE, REQUIRED TO REGISTER TRIENNI-
 ALLY WITH THE DEPARTMENT TO PRACTICE IN THIS STATE SHALL COMPLY WITH THE
 PROVISIONS OF THE MANDATORY CONTINUING EDUCATION REQUIREMENTS, EXCEPT AS
 SET FORTH IN PARAGRAPHS B AND C OF THIS SUBDIVISION. DENTISTS WHO DO NOT
 SATISFY THE MANDATORY CONTINUING EDUCATION REQUIREMENTS SHALL NOT  PRAC-
 TICE UNTIL THEY HAVE MET SUCH REQUIREMENTS AND HAVE BEEN ISSUED A REGIS-
 TRATION OR CONDITIONAL REGISTRATION CERTIFICATE.
   B.  DENTISTS  SHALL  BE EXEMPT FROM THE MANDATORY CONTINUING EDUCATION
 REQUIREMENT FOR THE TRIENNIAL REGISTRATION PERIOD DURING WHICH THEY  ARE
 FIRST  LICENSED.  IN ACCORDANCE WITH THE INTENT OF THIS SECTION, ADJUST-
 MENTS TO THE MANDATORY CONTINUING EDUCATION REQUIREMENT MAY  BE  GRANTED
 BY  THE  DEPARTMENT FOR REASONS OF HEALTH, CERTIFIED BY A PHYSICIAN, FOR
 EXTENDED ACTIVE DUTY WITH THE ARMED FORCES OF THE UNITED STATES, OR  FOR
 OTHER  GOOD CAUSE ACCEPTABLE TO THE DEPARTMENT WHICH MAY PREVENT COMPLI-
 ANCE.
   C. A LICENSED DENTIST NOT ENGAGED IN PUBLIC PRACTICE AS AN  INDIVIDUAL
 PRACTITIONER,  A  PARTNER  OF  A PARTNERSHIP, A SHAREHOLDER OF A PROFES-
 SIONAL SERVICE CORPORATION, OR AN EMPLOYEE OF SUCH PRACTICE UNITS, SHALL
 BE EXEMPT FROM THE MANDATORY CONTINUING EDUCATION REQUIREMENT  UPON  THE
 FILING  OF  A  STATEMENT  WITH THE DEPARTMENT DECLARING SUCH STATUS. ANY
 LICENSEE WHO RETURNS TO THE PUBLIC  PRACTICE  OF  DENTISTRY  DURING  THE
 TRIENNIAL REGISTRATION PERIOD SHALL NOTIFY THE DEPARTMENT PRIOR TO REEN-
 TERING THE PROFESSION AND SHALL MEET SUCH MANDATORY CONTINUING EDUCATION
 REQUIREMENTS AS SHALL BE PRESCRIBED BY REGULATION OF THE COMMISSIONER.
   2.  DURING  EACH TRIENNIAL REGISTRATION PERIOD AN APPLICANT FOR REGIS-
 TRATION SHALL COMPLETE A MINIMUM OF SIXTY  HOURS  OF  ACCEPTABLE  FORMAL
 CONTINUING  EDUCATION, A MAXIMUM OF EIGHTEEN HOURS OF WHICH MAY BE SELF-
 INSTRUCTIONAL COURSEWORK AS APPROVED BY THE DEPARTMENT.  BEGINNING  WITH
 S. 4007--A                         305                        A. 3007--A
 
 THE  FIRST  REGISTRATION  RENEWAL PERIOD FOR ANY DENTIST OCCURRING ON OR
 AFTER JANUARY FIRST, TWO THOUSAND TWO, AND BEFORE THE OCCURRENCE OF  THE
 SECOND  REGISTRATION RENEWAL PERIOD FOLLOWING THAT DATE, A DENTIST SHALL
 HAVE  COMPLETED  ON  A  ONE-TIME  BASIS,  AS  PART OF THE SIXTY HOURS OF
 ACCEPTABLE FORMAL CONTINUING EDUCATION  REQUIRED  BY  THIS  SECTION,  NO
 FEWER  THAN  TWO HOURS OF COURSEWORK AND TRAINING REGARDING THE CHEMICAL
 AND RELATED EFFECTS AND USAGE OF TOBACCO AND TOBACCO  PRODUCTS  AND  THE
 RECOGNITION,  DIAGNOSIS,  AND  TREATMENT  OF  THE  ORAL  HEALTH EFFECTS,
 INCLUDING BUT NOT LIMITED TO  CANCERS  AND  OTHER  DISEASES,  CAUSED  BY
 TOBACCO  AND  TOBACCO  PRODUCTS,  PROVIDED THAT ANY DENTIST WHO PROVIDES
 WRITTEN PROOF SATISFACTORY  TO  THE  DEPARTMENT  THAT  THE  DENTIST  HAS
 COMPLETED, AT ANY TIME SUBSEQUENT TO THE EFFECTIVE DATE OF THIS SECTION,
 AN  APPROVED  MANDATORY CONTINUING EDUCATION COURSE OF NOT LESS THAN TWO
 HOURS IN THE SAME OR  SUBSTANTIALLY  SIMILAR  SUBJECT  MATTER  SHALL  BE
 DEEMED  TO HAVE MET THIS REQUIREMENT, AND FURTHER PROVIDED THAT DENTISTS
 WHO ARE EXEMPT FROM THE MANDATORY CONTINUING EDUCATION  REQUIREMENT  FOR
 THE  TRIENNIAL  REGISTRATION PERIOD DURING WHICH THEY ARE FIRST LICENSED
 SHALL ALSO BE EXEMPT FROM THIS REQUIREMENT FOR THAT PERIOD. ANY  DENTIST
 WHOSE  FIRST  REGISTRATION  DATE  FOLLOWING  THE  EFFECTIVE DATE OF THIS
 SECTION OCCURS LESS THAN THREE YEARS FROM SUCH EFFECTIVE DATE, BUT ON OR
 AFTER JANUARY FIRST,  NINETEEN  HUNDRED  NINETY-EIGHT  AND  BEFORE  JULY
 FIRST,  TWO THOUSAND EIGHT, SHALL COMPLETE CONTINUING EDUCATION HOURS ON
 A PRORATED BASIS AT THE RATE OF ONE AND ONE-QUARTER HOURS PER MONTH  FOR
 THE  PERIOD BEGINNING JANUARY FIRST, NINETEEN HUNDRED NINETY-SEVEN UP TO
 THE FIRST REGISTRATION DATE  THEREAFTER.  FOR  ANY  REGISTRATION  PERIOD
 BEGINNING  BEFORE  JULY FIRST, TWO THOUSAND EIGHT AND ENDING ON OR AFTER
 SUCH DATE, EACH DENTIST SHALL COMPLETE CONTINUING EDUCATION HOURS  ON  A
 PRO  RATA BASIS AT A RATE OF ONE AND ONE-QUARTER HOURS PER MONTH FOR THE
 PERIOD ENDING JUNE THIRTIETH, TWO THOUSAND EIGHT AND AT A  RATE  OF  ONE
 AND  TWO-THIRDS HOURS PER MONTH FOR THE PERIOD BEGINNING JULY FIRST, TWO
 THOUSAND EIGHT UP TO THE FIRST REGISTRATION DATE THEREAFTER. A  LICENSEE
 WHO  HAS  NOT  SATISFIED THE MANDATORY CONTINUING EDUCATION REQUIREMENTS
 SHALL NOT BE ISSUED A TRIENNIAL REGISTRATION CERTIFICATE BY THE  DEPART-
 MENT  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.
   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. ANY LICENSEE WHO  IS  NOTIFIED  OF  THE
 DENIAL  OF  REGISTRATION FOR FAILURE TO SUBMIT EVIDENCE, SATISFACTORY TO
 THE DEPARTMENT, OF COMPLETION OF REQUIRED CONTINUING EDUCATION  AND  WHO
 PRACTICES  DENTISTRY WITHOUT SUCH REGISTRATION, MAY BE SUBJECT TO DISCI-
 PLINARY PROCEEDINGS PURSUANT TO SECTION SIXTY-FIVE HUNDRED TEN  OF  THIS
 ARTICLE.
   4.  AS  USED IN THIS SECTION, "ACCEPTABLE FORMAL CONTINUING EDUCATION"
 SHALL MEAN FORMAL PROGRAMS OF LEARNING WHICH CONTRIBUTE TO  PROFESSIONAL
 PRACTICE  AND  WHICH MEET THE STANDARDS PRESCRIBED BY REGULATIONS OF THE
 COMMISSIONER. TO FULFILL THE MANDATORY CONTINUING EDUCATION REQUIREMENT,
 PROGRAMS MUST BE TAKEN FROM  SPONSORS  HAVING  AT  LEAST  ONE  FULL-TIME
 EMPLOYEE  AND  THE  FACILITIES,  EQUIPMENT,  AND  FINANCIAL AND PHYSICAL
 S. 4007--A                         306                        A. 3007--A
 
 RESOURCES TO PROVIDE  CONTINUING  EDUCATION  COURSES,  APPROVED  BY  THE
 DEPARTMENT, PURSUANT TO THE REGULATIONS OF THE COMMISSIONER.
   5. THE MANDATORY CONTINUING EDUCATION FEE SHALL BE FORTY-FIVE DOLLARS,
 SHALL  BE PAYABLE ON OR BEFORE THE FIRST DAY OF EACH TRIENNIAL REGISTRA-
 TION PERIOD, AND SHALL BE PAID IN ADDITION TO THE TRIENNIAL REGISTRATION
 FEE REQUIRED BY SECTION SIXTY-SIX HUNDRED FOUR OF THIS TITLE.
   6. ON OR AFTER THE EFFECTIVE DATE OF THIS SUBDIVISION,  AND  NO  LATER
 THAN  THE  END  OF  THE FIRST REGISTRATION PERIOD COMMENCING ON OR AFTER
 SUCH DATE DURING WHICH HE OR SHE IS REQUIRED TO COMPLY WITH THE CONTINU-
 ING EDUCATION REQUIREMENTS OF THIS  SECTION,  EACH  DENTIST  SHALL  HAVE
 COMPLETED ON A ONE-TIME BASIS, AS PART OF THE MANDATORY HOURS OF ACCEPT-
 ABLE FORMAL CONTINUING EDUCATION REQUIRED BY THIS SECTION, NO FEWER THAN
 THREE  HOURS  IN A COURSE APPROVED BY THE DEPARTMENT IN DENTAL JURISPRU-
 DENCE AND ETHICS, WHICH SHALL INCLUDE THE LAWS, RULES,  REGULATIONS  AND
 ETHICAL  PRINCIPLES  RELATING  TO  THE PRACTICE OF DENTISTRY IN NEW YORK
 STATE, PROVIDED THAT POSTGRADUATE DENTAL STUDENTS ENROLLED IN  NEW  YORK
 STATE  DENTAL  RESIDENCY  PROGRAMS  MAY SATISFY THE REQUIREMENTS OF THIS
 SUBDIVISION BY TAKING SUCH AN APPROVED COURSE DURING THE PERIOD OF THEIR
 DENTAL RESIDENCY PRIOR TO THEIR INITIAL LICENSURE.
   § 6604-B. RESTRICTED DENTAL FACULTY LICENSE.  1.  THE  DEPARTMENT  MAY
 ISSUE  A RESTRICTED DENTAL FACULTY LICENSE TO A FULL-TIME FACULTY MEMBER
 EMPLOYED AT AN APPROVED NEW YORK STATE SCHOOL OF DENTISTRY.  THE  HOLDER
 OF  SUCH  RESTRICTED  DENTAL FACULTY LICENSE SHALL HAVE THE AUTHORITY TO
 PRACTICE DENTISTRY, AS DEFINED IN  THIS  TITLE,  BUT  SUCH  PRACTICE  OF
 DENTISTRY  SHALL  BE  LIMITED TO THE SCHOOL'S FACILITIES OR THE SCHOOL'S
 CLINICS, OR FACILITIES OR  CLINICS  WITH  RELATIONSHIPS  TO  THE  SCHOOL
 CONFIRMED  BY  FORMAL  AFFILIATION  AGREEMENTS.  NOTHING IN THIS SECTION
 SHALL BE CONSTRUED TO AUTHORIZE  SUCH  HOLDER  OF  A  RESTRICTED  DENTAL
 FACULTY  LICENSE  TO  ENGAGE IN THE PRIVATE PRACTICE OF DENTISTRY AT ANY
 OTHER SITE.
   2. TO QUALIFY FOR A RESTRICTED DENTAL FACULTY  LICENSE  THE  APPLICANT
 SHALL PRESENT SATISFACTORY EVIDENCE OF THE FOLLOWING:
   A.  THE  COMPLETION  OF  A TOTAL OF NO LESS THAN SIX ACADEMIC YEARS OF
 PRE-PROFESSIONAL AND PROFESSIONAL EDUCATION, INCLUDING:
   (I) COURSES IN GENERAL CHEMISTRY, ORGANIC CHEMISTRY, BIOLOGY OR ZOOLO-
 GY AND PHYSICS; AND
   (II) NOT LESS THAN FOUR ACADEMIC YEARS OF PROFESSIONAL  DENTAL  EDUCA-
 TION  SATISFACTORY TO THE DEPARTMENT CULMINATING IN A DEGREE, DIPLOMA OR
 CERTIFICATE IN DENTISTRY RECOGNIZED BY THE APPROPRIATE CIVIL AUTHORITIES
 OF THE JURISDICTION IN WHICH THE SCHOOL IS  LOCATED  AS  ACCEPTABLE  FOR
 ENTRY INTO PRACTICE IN THE JURISDICTION IN WHICH THE SCHOOL IS LOCATED.
   B. WITHIN THE LAST FIVE YEARS, HAVE TWO YEARS OF SATISFACTORY PRACTICE
 AS  A  DENTIST  OR  HAVE  SATISFACTORILY COMPLETED AN ADVANCED EDUCATION
 PROGRAM IN GENERAL DENTISTRY OR IN A  DENTAL  SPECIALTY,  PROVIDED  SUCH
 PROGRAM IS ACCREDITED BY AN ORGANIZATION ACCEPTED BY THE DEPARTMENT AS A
 RELIABLE AUTHORITY FOR THE PURPOSE OF ACCREDITING SUCH PROGRAMS (SUCH AS
 THE COMMISSION ON DENTAL ACCREDITATION); AND
   C. POSSESSES GOOD MORAL CHARACTER AS DETERMINED BY THE DEPARTMENT.
   3.  THE DEAN OF THE DENTAL SCHOOL SHALL NOTIFY THE DEPARTMENT IN WRIT-
 ING UPON THE SUBMISSION OF AN INITIAL  LICENSE  APPLICATION  AND  YEARLY
 THEREAFTER  THAT  THE  HOLDER  OF THE DENTAL FACULTY LICENSE IS EMPLOYED
 FULL-TIME AT THE DENTAL SCHOOL.  FULL-TIME EMPLOYMENT MEANS  THE  HOLDER
 OF  SUCH  DENTAL FACULTY LICENSE DEVOTES AT LEAST FOUR FULL WORKING DAYS
 PER WEEK IN TEACHING OR PATIENT CARE, RESEARCH OR ADMINISTRATIVE  DUTIES
 AT  THE  DENTAL SCHOOL WHERE EMPLOYED. THE DEAN OF THE DENTAL SCHOOL AND
 THE HOLDER OF SUCH DENTAL FACULTY LICENSE SHALL EACH NOTIFY THE  DEPART-
 S. 4007--A                         307                        A. 3007--A
 
 MENT  IN  WRITING  WITHIN  THIRTY  DAYS  OF THE TERMINATION OF FULL-TIME
 EMPLOYMENT.
   4.  IN  ORDER  TO  CONTINUE  TO  PRACTICE  DENTISTRY,  THE HOLDER OF A
 RESTRICTED DENTAL FACULTY LICENSE SHALL APPLY FOR  AND  HOLD  A  CURRENT
 TRIENNIAL  REGISTRATION  WHICH SHALL BE SUBJECT TO THE SAME REGISTRATION
 REQUIREMENTS AS APPLY TO HOLDERS OF UNRESTRICTED DENTAL LICENSES, EXCEPT
 THAT SUCH REGISTRATION SHALL BE  ISSUED  ONLY  UPON  THE  SUBMISSION  OF
 DOCUMENTATION  SATISFACTORY  TO THE DEPARTMENT OF THE HOLDER'S CONTINUED
 STATUS AS A FULL-TIME DENTAL FACULTY MEMBER, PROVIDED THAT  SUCH  REGIS-
 TRATION  SHALL  IMMEDIATELY  TERMINATE AND THE HOLDER SHALL NO LONGER BE
 AUTHORIZED TO PRACTICE IF THE HOLDER CEASES TO  BE  A  FULL-TIME  DENTAL
 FACULTY MEMBER AT AN APPROVED NEW YORK STATE SCHOOL OF DENTISTRY.
   5.  THE  HOLDER  OF  THIS  RESTRICTED  DENTAL FACULTY LICENSE SHALL BE
 SUBJECT TO THE PROFESSIONAL MISCONDUCT PROVISIONS SET FORTH IN  SUBTITLE
 THREE  OF  TITLE ONE OF THIS ARTICLE AND IN THE REGULATIONS AND RULES OF
 THE DEPARTMENT.
   6. THE FEE FOR EACH RESTRICTED DENTAL FACULTY LICENSE SHALL  BE  THREE
 HUNDRED  DOLLARS,  AND  THE FEE FOR INITIAL REGISTRATION AND EACH SUBSE-
 QUENT RE-REGISTRATION SHALL BE THREE HUNDRED DOLLARS.
   7. IN ORDER TO BE ELIGIBLE FOR A RESTRICTED DENTAL FACULTY LICENSE  AN
 APPLICANT  MUST BE A UNITED STATES CITIZEN OR AN ALIEN LAWFULLY ADMITTED
 FOR PERMANENT RESIDENCE IN THE UNITED STATES;  PROVIDED,  HOWEVER,  THAT
 THE  DEPARTMENT MAY GRANT A THREE-YEAR WAIVER FOR AN ALIEN WHO OTHERWISE
 MEETS ALL OTHER REQUIREMENTS FOR A  RESTRICTED  DENTAL  FACULTY  LICENSE
 EXCEPT  THAT  THE  DEPARTMENT  MAY  GRANT AN ADDITIONAL EXTENSION NOT TO
 EXCEED SIX YEARS TO AN ALIEN TO ENABLE HIM OR HER TO SECURE  CITIZENSHIP
 OR  PERMANENT  RESIDENT  STATUS,  PROVIDED SUCH STATUS IS BEING ACTIVELY
 PURSUED. NO CURRENT FACULTY MEMBER SHALL BE DISPLACED BY THE HOLDER OF A
 RESTRICTED DENTAL FACULTY LICENSE.
   § 6605. LIMITED PERMITS.  1.  ON  RECOMMENDATION  OF  THE  BOARD,  THE
 DEPARTMENT  MAY ISSUE A LIMITED PERMIT TO A GRADUATE OF A DENTAL COLLEGE
 WHO MEETS THE EDUCATIONAL QUALIFICATIONS FOR ADMISSION TO THE  LICENSING
 EXAMINATION IN DENTISTRY FOR EMPLOYMENT IN A HOSPITAL OR DENTAL FACILITY
 APPROVED  BY  AN APPROPRIATE AGENCY, WHILE UNDER THE DIRECTION OR SUPER-
 VISION OF A LICENSED DENTIST. NO SUCH PERMIT SHALL BE ISSUED OR  RENEWED
 UNLESS  SUCH  GRADUATE  HAS  A  BONA  FIDE OFFER OF A POSITION IN SUCH A
 HOSPITAL OR DENTAL FACILITY.
   2. ON RECOMMENDATION OF THE BOARD, THE DEPARTMENT MAY ISSUE A  LIMITED
 PERMIT FOR INSTRUCTING IN DENTISTRY TO A DENTIST NOT LICENSED UNDER THIS
 TITLE  TO  BE  EMPLOYED  BY  A  REGISTERED SCHOOL OF DENTISTRY OR DENTAL
 HYGIENE TO INSTRUCT AND SUPERVISE CLINICAL DENTISTRY OR  DENTAL  HYGIENE
 FOR  STUDENTS  IN SUCH A REGISTERED SCHOOL IN THE STATE, AND IN SO DOING
 TO PRACTICE DENTISTRY AS DEFINED IN THIS TITLE, BUT ONLY ON THE PREMISES
 OF SUCH REGISTERED SCHOOL OR SUCH OTHER PREMISES  AS  MAY  BE  USED  FOR
 INSTRUCTION  IN  THE PROGRAM OF HEALTH CONDUCTED BY SUCH INSTITUTION. NO
 PERSON SHALL BE PERMITTED OR AUTHORIZED TO INSTRUCT AND SUPERVISE  CLIN-
 ICAL DENTISTRY FOR STUDENTS UNLESS SUCH PERSON IS LICENSED IN THIS STATE
 OR HOLDS THE FOREGOING LIMITED PERMIT FOR INSTRUCTING IN DENTISTRY.
   3.  THE  HOLDER  OF  A  LIMITED PERMIT UNDER THIS SECTION MAY PRACTICE
 DENTISTRY, AS DEFINED IN THIS TITLE, BUT  ONLY  IN  THE  PERFORMANCE  OF
 DUTIES  REQUIRED BY THE POSITION FOR WHICH THE LIMITED PERMIT IS ISSUED.
 NOTHING IN THIS SECTION SHALL BE CONSTRUED TO AUTHORIZE SUCH  UNLICENSED
 DENTIST TO ENGAGE IN THE PRIVATE PRACTICE OF DENTISTRY.
   4.  A LIMITED PERMIT UNDER THIS SECTION SHALL BE VALID FOR ONE YEAR OR
 UNTIL TEN DAYS AFTER  NOTIFICATION  OF  DENIAL  OF  AN  APPLICATION  FOR
 LICENSE.  A  LIMITED  PERMIT  MAY BE RENEWED FOR ONE YEAR, EXCEPT IF THE
 S. 4007--A                         308                        A. 3007--A
 
 APPLICANT IS SERVING IN A RESIDENCY PROGRAM IN A HOSPITAL OR  SCHOOL  OF
 DENTISTRY  IN  THIS  STATE. A LIMITED PERMIT MAY BE RENEWED ANNUALLY FOR
 THE DURATION OF SUCH RESIDENCY PROGRAM. THE FEE FOR EACH LIMITED  PERMIT
 AND FOR EACH RENEWAL SHALL BE ONE HUNDRED FIVE DOLLARS.
   5.  NOTWITHSTANDING  SUBDIVISION  ONE  OF  THIS SECTION, DENTAL SCHOOL
 GRADUATES WHO MEET THE LICENSE REQUIREMENT  FOR  EDUCATION  PURSUANT  TO
 SUBDIVISION TWO OF SECTION SIXTY-SIX HUNDRED FOUR OF THIS TITLE SHALL BE
 DEEMED TO BE EXEMPT PERSONS PURSUANT TO SECTION SIXTY-SIX HUNDRED TEN OF
 THIS  TITLE  AND  SHALL  NOT  BE  REQUIRED  TO  OBTAIN A LIMITED PERMIT,
 PROVIDED THAT THEY ARE EMPLOYED IN AN APPROVED RESIDENCY PROGRAM FOR THE
 PURPOSE OF FULFILLING INITIAL LICENSURE REQUIREMENTS PURSUANT TO SECTION
 SIXTY-SIX HUNDRED FOUR OF THIS TITLE. NOT LATER THAN  SIXTY  DAYS  AFTER
 ENTRY  INTO  AN  APPROVED  RESIDENCY  PROGRAM, THE DENTAL RESIDENT SHALL
 REGISTER ON A FORM ACCEPTABLE TO THE COMMISSIONER AND PAY TO THE DEPART-
 MENT A RESIDENCY REGISTRATION FEE ESTABLISHED BY THE  DEPARTMENT,  WHICH
 RESIDENCY  REGISTRATION FEE SHALL BE REASONABLE AND SHALL NOT EXCEED THE
 LIMITED PERMIT FEE SPECIFIED IN SUBDIVISION FOUR OF  THIS  SECTION.  ALL
 PERSONS  DEEMED  EXEMPT PURSUANT TO THIS SECTION SHALL BE SUBJECT TO ALL
 PROVISIONS OF TITLE ONE OF THIS ARTICLE, INCLUDING BUT  NOT  LIMITED  TO
 HAVING  DISCIPLINARY  ACTION  TAKEN AGAINST THEIR RESIDENCY REGISTRATION
 STATUS.
   § 6605-A. DENTAL ANESTHESIA CERTIFICATE. 1. A LICENSED  DENTIST  SHALL
 NOT  EMPLOY  CONSCIOUS  SEDATION, DEEP SEDATION OR GENERAL ANESTHESIA IN
 THE PRACTICE OF DENTISTRY, AT ANY LOCATION OTHER THAN A  GENERAL  HOSPI-
 TAL, WITHOUT A DENTAL ANESTHESIA CERTIFICATE ISSUED BY THE DEPARTMENT.
   2.  THE COMMISSIONER SHALL PROMULGATE REGULATIONS, ESTABLISHING STAND-
 ARDS AND PROCEDURES FOR THE ISSUANCE  OF  CERTIFICATES.  SUCH  STANDARDS
 SHALL  REQUIRE  COMPLETION  OF  AN  EDUCATIONAL PROGRAM AND/OR COURSE OF
 TRAINING OR EXPERIENCE SUFFICIENT TO ENSURE THAT A  DENTIST  IS  SPECIF-
 ICALLY TRAINED IN THE USE AND ADMINISTRATION OF CONSCIOUS SEDATION, DEEP
 SEDATION  OR GENERAL ANESTHESIA AND IN THE POSSIBLE EFFECTS OF SUCH USE,
 AND IN THE RECOGNITION OF AND RESPONSE TO POSSIBLE EMERGENCY SITUATIONS.
 SUCH REGULATIONS MAY ALSO ESTABLISH STANDARDS AND SAFEGUARDS FOR THE USE
 OF CONSCIOUS SEDATION, DEEP SEDATION OR GENERAL ANESTHESIA.
   3. NOTHING IN THIS SECTION SHALL LIMIT A DENTIST'S USE OF LOCAL  ANES-
 THESIA,  A  DENTIST'S  USE  OF  NITROUS OXIDE, OR A DENTIST'S USE OF ANY
 OTHER SUBSTANCE OR  AGENT  FOR  A  PURPOSE  OTHER  THAN  ACHIEVING  DEEP
 SEDATION, CONSCIOUS SEDATION, OR GENERAL ANESTHESIA.
   4.  THE  FEE  FOR A DENTAL ANESTHESIA CERTIFICATE SHALL BE ONE HUNDRED
 DOLLARS AND SHALL BE PAID ON A TRIENNIAL  BASIS  UPON  RENEWAL  OF  SUCH
 CERTIFICATE.  A  CERTIFICATE  MAY  BE  SUSPENDED  OR REVOKED IN THE SAME
 MANNER AS A LICENSE TO PRACTICE DENTISTRY.
   §   6605-B.   DENTAL    HYGIENE    RESTRICTED    LOCAL    INFILTRATION
 ANESTHESIA/NITROUS  OXIDE  ANALGESIA  CERTIFICATE. 1. A DENTAL HYGIENIST
 SHALL NOT ADMINISTER OR MONITOR NITROUS OXIDE ANALGESIA OR LOCAL  INFIL-
 TRATION  ANESTHESIA  IN  THE PRACTICE OF DENTAL HYGIENE WITHOUT A DENTAL
 HYGIENE RESTRICTED LOCAL INFILTRATION ANESTHESIA/NITROUS OXIDE ANALGESIA
 CERTIFICATE AND EXCEPT UNDER THE PERSONAL SUPERVISION OF A  DENTIST  AND
 IN CONJUNCTION WITH THE PERFORMANCE OF DENTAL HYGIENE PROCEDURES AUTHOR-
 IZED  BY  LAW  AND  IN  ACCORDANCE  WITH  REGULATIONS PROMULGATED BY THE
 COMMISSIONER. PERSONAL SUPERVISION, FOR PURPOSES OF THIS SECTION,  MEANS
 THAT  THE  SUPERVISING  DENTIST  REMAINS  IN THE DENTAL OFFICE WHERE THE
 LOCAL INFILTRATION ANESTHESIA OR NITROUS OXIDE  ANALGESIA  SERVICES  ARE
 BEING  PERFORMED,  PERSONALLY AUTHORIZES AND PRESCRIBES THE USE OF LOCAL
 INFILTRATION ANESTHESIA OR NITROUS OXIDE ANALGESIA FOR THE PATIENT  AND,
 BEFORE  DISMISSAL  OF  THE PATIENT, PERSONALLY EXAMINES THE CONDITION OF
 S. 4007--A                         309                        A. 3007--A
 
 THE PATIENT AFTER THE USE OF LOCAL INFILTRATION  ANESTHESIA  OR  NITROUS
 OXIDE  ANALGESIA  IS  COMPLETED.    IT  IS PROFESSIONAL MISCONDUCT FOR A
 DENTIST TO FAIL TO PROVIDE THE SUPERVISION REQUIRED BY THIS SECTION, AND
 ANY  DENTIST  FOUND  GUILTY  OF  SUCH  MISCONDUCT  UNDER  THE PROCEDURES
 PRESCRIBED IN SECTION SIXTY-FIVE HUNDRED TEN OF THIS  ARTICLE  SHALL  BE
 SUBJECT TO THE PENALTIES PRESCRIBED IN SECTION SIXTY-FIVE HUNDRED ELEVEN
 OF THIS ARTICLE.
   2.  THE  COMMISSIONER SHALL PROMULGATE REGULATIONS ESTABLISHING STAND-
 ARDS AND PROCEDURES FOR THE ISSUANCE OF SUCH CERTIFICATE. SUCH STANDARDS
 SHALL REQUIRE COMPLETION OF AN  EDUCATIONAL  PROGRAM  AND/OR  COURSE  OF
 TRAINING  OR  EXPERIENCE SUFFICIENT TO ENSURE THAT A DENTAL HYGIENIST IS
 SPECIFICALLY TRAINED IN THE ADMINISTRATION  AND  MONITORING  OF  NITROUS
 OXIDE  ANALGESIA AND LOCAL INFILTRATION ANESTHESIA, THE POSSIBLE EFFECTS
 OF SUCH USE, AND IN THE RECOGNITION OF AND RESPONSE TO POSSIBLE EMERGEN-
 CY SITUATIONS.
   3.  THE  FEE  FOR  A  DENTAL  HYGIENE  RESTRICTED  LOCAL  INFILTRATION
 ANESTHESIA/NITROUS  OXIDE  ANALGESIA  CERTIFICATE  SHALL  BE TWENTY-FIVE
 DOLLARS AND SHALL BE PAID ON A TRIENNIAL  BASIS  UPON  RENEWAL  OF  SUCH
 CERTIFICATE.  A  CERTIFICATE  MAY  BE  SUSPENDED  OR REVOKED IN THE SAME
 MANNER AS A LICENSE TO PRACTICE DENTAL HYGIENE.
   § 6606. DEFINITION OF PRACTICE OF DENTAL HYGIENE. 1. THE  PRACTICE  OF
 THE PROFESSION OF DENTAL HYGIENE IS DEFINED AS THE PERFORMANCE OF DENTAL
 SERVICES  WHICH  SHALL  INCLUDE REMOVING CALCAREOUS DEPOSITS, ACCRETIONS
 AND STAINS FROM THE EXPOSED SURFACES OF THE TEETH  WHICH  BEGIN  AT  THE
 EPITHELIAL  ATTACHMENT  AND  APPLYING  TOPICAL  AGENTS  INDICATED  FOR A
 COMPLETE DENTAL PROPHYLAXIS, REMOVING CEMENT, PLACING OR REMOVING RUBBER
 DAM, REMOVING SUTURES, PLACING MATRIX BAND, PROVIDING PATIENT EDUCATION,
 APPLYING TOPICAL MEDICATION,  PLACING  AND  EXPOSING  DIAGNOSTIC  DENTAL
 X-RAY  FILMS, PERFORMING TOPICAL FLUORIDE APPLICATIONS AND TOPICAL ANES-
 THETIC APPLICATIONS, POLISHING TEETH, TAKING MEDICAL  HISTORY,  CHARTING
 CARIES,  TAKING IMPRESSIONS FOR STUDY CASTS, PLACING AND REMOVING TEMPO-
 RARY RESTORATIONS, ADMINISTERING AND MONITORING NITROUS OXIDE  ANALGESIA
 AND  ADMINISTERING AND MONITORING LOCAL INFILTRATION ANESTHESIA, SUBJECT
 TO CERTIFICATION IN ACCORDANCE WITH SECTION SIXTY-SIX HUNDRED FIVE-B  OF
 THIS  TITLE, AND ANY OTHER FUNCTION IN THE DEFINITION OF THE PRACTICE OF
 DENTISTRY AS MAY BE DELEGATED BY A LICENSED DENTIST IN  ACCORDANCE  WITH
 REGULATIONS  PROMULGATED  BY  THE  COMMISSIONER.  THE PRACTICE OF DENTAL
 HYGIENE MAY BE CONDUCTED IN THE OFFICE OF ANY LICENSED DENTIST OR IN ANY
 APPROPRIATELY EQUIPPED SCHOOL OR PUBLIC INSTITUTION  BUT  MUST  BE  DONE
 EITHER  UNDER THE SUPERVISION OF A LICENSED DENTIST OR, IN THE CASE OF A
 REGISTERED DENTAL HYGIENIST WORKING FOR A HOSPITAL AS DEFINED IN ARTICLE
 TWENTY-EIGHT OF THIS CHAPTER, PURSUANT TO  A  COLLABORATIVE  ARRANGEMENT
 WITH  A  LICENSED  AND  REGISTERED DENTIST WHO HAS A FORMAL RELATIONSHIP
 WITH THE SAME HOSPITAL IN ACCORDANCE WITH REGULATIONS PROMULGATED BY THE
 DEPARTMENT. SUCH COLLABORATIVE ARRANGEMENT SHALL NOT OBVIATE  OR  SUPER-
 SEDE  ANY  LAW  OR  REGULATION  WHICH REQUIRES IDENTIFIED SERVICES TO BE
 PERFORMED UNDER THE PERSONAL  SUPERVISION  OF  A  DENTIST.  WHEN  DENTAL
 HYGIENE  SERVICES  ARE  PROVIDED  PURSUANT TO A COLLABORATIVE AGREEMENT,
 SUCH DENTAL HYGIENIST SHALL INSTRUCT INDIVIDUALS  TO  VISIT  A  LICENSED
 DENTIST FOR COMPREHENSIVE EXAMINATION OR TREATMENT.
   2.  THE  COMMISSIONER  SHALL PROMULGATE REGULATIONS DEFINING THE FUNC-
 TIONS A DENTAL HYGIENIST MAY PERFORM THAT ARE CONSISTENT WITH THE TRAIN-
 ING AND QUALIFICATIONS FOR A LICENSE AS A DENTAL HYGIENIST.
   § 6607. PRACTICE OF DENTAL HYGIENE AND USE OF  TITLE  "DENTAL  HYGIEN-
 IST".  ONLY  A  PERSON  LICENSED UNDER SECTION SIXTY-SIX HUNDRED NINE OF
 S. 4007--A                         310                        A. 3007--A
 
 THIS TITLE OR EXEMPT SHALL PRACTICE DENTAL  HYGIENE  OR  USE  THE  TITLE
 "DENTAL HYGIENIST".
   §  6608.  DEFINITION  OF  PRACTICE OF REGISTERED DENTAL ASSISTING. THE
 PRACTICE OF REGISTERED DENTAL ASSISTING IS DEFINED AS PROVIDING SUPPORT-
 IVE SERVICES TO A DENTIST IN HIS OR HER PERFORMANCE OF  DENTAL  SERVICES
 AUTHORIZED  UNDER  THIS  TITLE.  SUCH  SUPPORT  SHALL  INCLUDE PROVIDING
 PATIENT EDUCATION, TAKING PRELIMINARY MEDICAL HISTORIES AND VITAL  SIGNS
 TO BE REVIEWED BY THE DENTIST, PLACING AND REMOVING RUBBER DAMS, SELECT-
 ING  AND  PREFITTING PROVISIONAL CROWNS, SELECTING AND PREFITTING ORTHO-
 DONTIC BANDS, REMOVING ORTHODONTIC ARCH WIRES AND LIGATURE TIES, PLACING
 AND REMOVING MATRIX BANDS, TAKING IMPRESSIONS FOR STUDY CASTS  OR  DIAG-
 NOSTIC  CASTS,  REMOVING  PERIODONTAL  DRESSINGS,  AND SUCH OTHER DENTAL
 SUPPORTIVE SERVICES AUTHORIZED BY  THE  DENTIST  CONSISTENT  WITH  REGU-
 LATIONS  PROMULGATED  BY  THE COMMISSIONER, PROVIDED THAT SUCH FUNCTIONS
 ARE PERFORMED UNDER  THE  DIRECT  PERSONAL  SUPERVISION  OF  A  LICENSED
 DENTIST  IN  THE  COURSE  OF  THE  PERFORMANCE  OF DENTAL SERVICES. SUCH
 SERVICES SHALL NOT INCLUDE DIAGNOSING AND/OR PERFORMING SURGICAL  PROCE-
 DURES,  IRREVERSIBLE  PROCEDURES OR PROCEDURES THAT WOULD ALTER THE HARD
 OR SOFT TISSUE OF THE ORAL AND MAXILLOFACIAL AREA OR  ANY  OTHER  PROCE-
 DURES  DETERMINED  BY  THE DEPARTMENT. THE PRACTICE OF REGISTERED DENTAL
 ASSISTING MAY BE CONDUCTED IN THE OFFICE OF ANY LICENSED DENTIST  OR  IN
 ANY APPROPRIATELY EQUIPPED SCHOOL OR PUBLIC INSTITUTION BUT MUST BE DONE
 UNDER  THE  DIRECT  PERSONAL  SUPERVISION  OF A LICENSED DENTIST. DIRECT
 PERSONAL SUPERVISION, FOR PURPOSES OF THIS SECTION, MEANS SUPERVISION OF
 DENTAL PROCEDURES BASED ON INSTRUCTIONS GIVEN BY A LICENSED  DENTIST  IN
 THE  COURSE  OF  A  PROCEDURE WHO REMAINS IN THE DENTAL OFFICE WHERE THE
 SUPPORTIVE SERVICES ARE BEING PERFORMED, PERSONALLY DIAGNOSES THE CONDI-
 TION TO BE TREATED, PERSONALLY AUTHORIZES  THE  PROCEDURES,  AND  BEFORE
 DISMISSAL OF THE PATIENT, WHO REMAINS THE RESPONSIBILITY OF THE LICENSED
 DENTIST,  EVALUATES  THE  SERVICES  PERFORMED  BY  THE REGISTERED DENTAL
 ASSISTANT. NOTHING HEREIN AUTHORIZES A REGISTERED  DENTAL  ASSISTANT  TO
 PERFORM ANY OF THE SERVICES OR FUNCTIONS DEFINED AS PART OF THE PRACTICE
 OF  DENTAL  HYGIENE IN ACCORDANCE WITH THE PROVISIONS OF SUBDIVISION ONE
 OF SECTION SIXTY-SIX HUNDRED SIX OF THIS TITLE, EXCEPT  THOSE  FUNCTIONS
 AUTHORIZED  PURSUANT  TO  THIS  SECTION.  ALL DENTAL SUPPORTIVE SERVICES
 PROVIDED IN THIS SECTION MAY BE PERFORMED BY CURRENTLY REGISTERED DENTAL
 HYGIENISTS EITHER UNDER A DENTIST'S SUPERVISION,  AS  DEFINED  IN  REGU-
 LATIONS  OF  THE  COMMISSIONER,  OR,  IN THE CASE OF A REGISTERED DENTAL
 HYGIENIST WORKING FOR A HOSPITAL AS DEFINED IN ARTICLE  TWENTY-EIGHT  OF
 THIS  CHAPTER,  PURSUANT  TO A COLLABORATIVE ARRANGEMENT WITH A LICENSED
 DENTIST IN ACCORDANCE WITH SUBDIVISION ONE OF SECTION SIXTY-SIX  HUNDRED
 SIX  OF THIS TITLE.  SUCH COLLABORATIVE ARRANGEMENT SHALL NOT OBVIATE OR
 SUPERSEDE ANY LAW OR REGULATION WHICH REQUIRES IDENTIFIED SERVICES TO BE
 PERFORMED UNDER THE PERSONAL SUPERVISION OF A DENTIST.
   § 6608-A. PRACTICE OF REGISTERED DENTAL ASSISTING  AND  USE  OF  TITLE
 "REGISTERED  DENTAL  ASSISTANT".  ONLY  A PERSON CERTIFIED UNDER SECTION
 SIXTY-SIX HUNDRED EIGHT-B OF THIS TITLE OR EXEMPT  PURSUANT  TO  SECTION
 SIXTY-SIX  HUNDRED  TEN  OF  THIS TITLE SHALL PRACTICE REGISTERED DENTAL
 ASSISTING. ONLY A PERSON CERTIFIED PURSUANT TO SECTION SIXTY-SIX HUNDRED
 EIGHT-B OF THIS TITLE SHALL USE THE TITLE "REGISTERED DENTAL ASSISTANT".
   § 6608-B.  REQUIREMENTS  FOR  CERTIFICATION  AS  A  REGISTERED  DENTAL
 ASSISTANT.  TO  QUALIFY FOR CERTIFICATION AS A REGISTERED DENTAL ASSIST-
 ANT, AN APPLICANT SHALL FULFILL THE FOLLOWING REQUIREMENTS:
   1. APPLICATION: FILE AN APPLICATION WITH THE DEPARTMENT;
   2. AGE: BE AT LEAST EIGHTEEN YEARS OF AGE;
 S. 4007--A                         311                        A. 3007--A
 
   3. FEES: PAY A FEE OF FORTY-FIVE DOLLARS TO THE DEPARTMENT FOR INITIAL
 CERTIFICATION AND A FEE OF FIFTY DOLLARS FOR EACH TRIENNIAL REGISTRATION
 PERIOD;
   4.  EDUCATION  AND EXPERIENCE: A. HAVE RECEIVED A HIGH SCHOOL DIPLOMA,
 OR ITS EQUIVALENT, AND B. HAVE  SUCCESSFULLY  COMPLETED,  IN  ACCORDANCE
 WITH  THE COMMISSIONER'S REGULATIONS: (I) AN APPROVED ONE-YEAR COURSE OF
 STUDY IN DENTAL ASSISTING IN A DEGREE-GRANTING INSTITUTION OR A BOARD OF
 COOPERATIVE EDUCATIONAL SERVICES PROGRAM WHICH  INCLUDES  AT  LEAST  TWO
 HUNDRED  HOURS  OF CLINICAL EXPERIENCE, OR AN EQUIVALENT APPROVED COURSE
 OF STUDY IN DENTAL ASSISTING IN A NON-DEGREE GRANTING INSTITUTION  WHICH
 SHALL NOT BE A PROFESSIONAL ASSOCIATION OR PROFESSIONAL ORGANIZATION, OR
 (II)  AN ALTERNATE COURSE OF STUDY IN DENTAL ASSISTING ACCEPTABLE TO THE
 DEPARTMENT WHICH SHALL BE PROVIDED BY A DEGREE-GRANTING INSTITUTION OR A
 BOARD OF COOPERATIVE EDUCATIONAL  SERVICES  PROGRAM  WHICH  INCLUDES  AT
 LEAST ONE THOUSAND HOURS OF RELEVANT WORK EXPERIENCE;
   5.  EXAMINATION:  PASS  AN EXAMINATION IN DENTAL ASSISTING GIVEN BY AN
 ORGANIZATION WHICH ADMINISTERS SUCH EXAMINATIONS AND WHICH IS ACCEPTABLE
 TO THE DEPARTMENT; AND
   6. CHARACTER: BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE  DEPART-
 MENT.
   § 6608-C. EXEMPT PERSONS; REGISTERED DENTAL ASSISTANT. NOTHING IN THIS
 TITLE SHALL BE CONSTRUED TO AFFECT OR PREVENT A STUDENT FROM ENGAGING IN
 ANY  PROCEDURE  AUTHORIZED UNDER SECTION SIXTY-SIX HUNDRED EIGHT OF THIS
 TITLE IN CLINICAL PRACTICE AS PART OF A COURSE OF STUDY APPROVED BY  THE
 DEPARTMENT  PURSUANT  TO  SUBDIVISION  FOUR OF SECTION SIXTY-SIX HUNDRED
 EIGHT-B OF THIS TITLE.
   § 6608-D. LIMITED PERMITS. THE DEPARTMENT SHALL ISSUE A LIMITED PERMIT
 TO AN APPLICANT WHO MEETS ALL REQUIREMENTS FOR ADMISSION TO THE  LICENS-
 ING  EXAMINATION. ALL PRACTICE UNDER A LIMITED PERMIT SHALL BE UNDER THE
 DIRECT PERSONAL SUPERVISION OF A LICENSED DENTIST. LIMITED PERMITS SHALL
 BE FOR ONE YEAR AND MAY BE RENEWED AT THE DISCRETION OF  THE  DEPARTMENT
 FOR  ONE  ADDITIONAL  YEAR. THE FEE FOR EACH LIMITED PERMIT AND FOR EACH
 RENEWAL SHALL BE FORTY DOLLARS.
   § 6609. REQUIREMENTS FOR A LICENSE AS A DENTAL HYGIENIST.  TO  QUALIFY
 FOR  A  LICENSE  AS  A  DENTAL HYGIENIST, AN APPLICANT SHALL FULFILL THE
 FOLLOWING REQUIREMENTS:
   1. APPLICATION: FILE AN APPLICATION WITH THE DEPARTMENT;
   2. EDUCATION: HAVE RECEIVED AN EDUCATION, INCLUDING HIGH SCHOOL GRADU-
 ATION AND COMPLETION OF A PROGRAM IN DENTAL HYGIENE, IN ACCORDANCE  WITH
 THE COMMISSIONER'S REGULATIONS;
   3.  EXPERIENCE:  HAVE  EXPERIENCE  SATISFACTORY  TO  THE  BOARD 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 SEVENTEEN YEARS OF AGE;
   6. CITIZENSHIP OR IMMIGRATION STATUS: BE A UNITED STATES CITIZEN OR AN
 ALIEN  LAWFULLY  ADMITTED  FOR PERMANENT RESIDENCE IN THE UNITED STATES;
 PROVIDED, HOWEVER, THAT THE DEPARTMENT MAY GRANT A THREE-YEAR WAIVER FOR
 AN ALIEN TO PRACTICE IN AN AREA WHICH  HAS  BEEN  DESIGNATED  A  FEDERAL
 DENTAL  HEALTH PROFESSIONS SHORTAGE AREA, EXCEPT THAT THE DEPARTMENT MAY
 GRANT AN ADDITIONAL EXTENSION NOT TO EXCEED SIX YEARS  TO  AN  ALIEN  TO
 ENABLE  HIM  OR  HER TO SECURE CITIZENSHIP OR PERMANENT RESIDENT STATUS,
 PROVIDED SUCH STATUS IS BEING ACTIVELY PURSUED;
   7. CHARACTER: BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE  DEPART-
 MENT; AND
 S. 4007--A                         312                        A. 3007--A
 
   8.  FEES:  PAY  A FEE OF ONE HUNDRED FIFTEEN DOLLARS TO THE DEPARTMENT
 FOR ADMISSION TO A DEPARTMENT CONDUCTED EXAMINATION AND FOR  AN  INITIAL
 LICENSE, A FEE OF FIFTY DOLLARS FOR EACH REEXAMINATION, A FEE OF SEVENTY
 DOLLARS  FOR AN INITIAL LICENSE FOR PERSONS NOT REQUIRING ADMISSION TO A
 DEPARTMENT  CONDUCTED  EXAMINATION,  AND A FEE OF FIFTY DOLLARS FOR EACH
 TRIENNIAL REGISTRATION PERIOD.
   § 6609-A. MANDATORY CONTINUING EDUCATION FOR DENTAL HYGIENISTS. 1.  A.
 EACH  DENTAL  HYGIENIST, LICENSED PURSUANT TO THIS TITLE AND REQUIRED TO
 REGISTER TRIENNIALLY WITH THE DEPARTMENT TO PRACTICE IN THIS STATE SHALL
 COMPLY  WITH  THE  PROVISIONS  OF  THE  MANDATORY  CONTINUING  EDUCATION
 REQUIREMENTS, EXCEPT AS SET FORTH IN PARAGRAPHS B AND C OF THIS SUBDIVI-
 SION.  DENTAL  HYGIENISTS  WHO  DO  NOT SATISFY THE MANDATORY CONTINUING
 EDUCATION REQUIREMENTS SHALL NOT  PRACTICE  UNTIL  THEY  HAVE  MET  SUCH
 REQUIREMENTS  AND  HAVE BEEN ISSUED A REGISTRATION OR CONDITIONAL REGIS-
 TRATION CERTIFICATE.
   B. DENTAL HYGIENISTS SHALL BE EXEMPT  FROM  THE  MANDATORY  CONTINUING
 EDUCATION REQUIREMENT FOR THE TRIENNIAL REGISTRATION PERIOD DURING WHICH
 THEY  ARE FIRST LICENSED. IN ACCORDANCE WITH THE INTENT OF THIS SECTION,
 ADJUSTMENTS TO THE MANDATORY CONTINUING  EDUCATION  REQUIREMENT  MAY  BE
 GRANTED  BY  THE DEPARTMENT FOR REASONS OF HEALTH, CERTIFIED BY A PHYSI-
 CIAN, 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 DENTAL HYGIENIST NOT ENGAGED IN THE PRACTICE  OF  DENTAL
 HYGIENE SHALL BE EXEMPT FROM THE MANDATORY CONTINUING EDUCATION REQUIRE-
 MENT  UPON  THE FILING OF A STATEMENT WITH THE DEPARTMENT DECLARING SUCH
 STATUS. ANY LICENSEE WHO RETURNS  TO  THE  PRACTICE  OF  DENTAL  HYGIENE
 DURING  THE  TRIENNIAL  REGISTRATION  PERIOD SHALL NOTIFY THE DEPARTMENT
 PRIOR TO REENTERING THE PROFESSION AND SHALL MEET SUCH MANDATORY CONTIN-
 UING EDUCATION REQUIREMENTS AS SHALL BE PRESCRIBED BY REGULATION OF  THE
 COMMISSIONER.
   2.  DURING  EACH TRIENNIAL REGISTRATION PERIOD AN APPLICANT FOR REGIS-
 TRATION SHALL COMPLETE A MINIMUM  OF  TWENTY-FOUR  HOURS  OF  ACCEPTABLE
 FORMAL  CONTINUING  EDUCATION  INCLUDING  CURRENTLY MANDATED CHILD ABUSE
 REPORTING INSTRUCTION AND INFECTION CONTROL TRAINING AS APPROVED BY  THE
 DEPARTMENT.  OF  THESE  TWENTY-FOUR  HOURS A MAXIMUM OF TEN HOURS MAY BE
 SELF-INSTRUCTIONAL COURSEWORK AS APPROVED BY THE DEPARTMENT. ANY  DENTAL
 HYGIENIST  WHOSE FIRST REGISTRATION DATE FOLLOWING THE EFFECTIVE DATE OF
 THIS SECTION OCCURS LESS THAN THREE YEARS FROM SUCH EFFECTIVE DATE,  BUT
 ON OR AFTER JANUARY FIRST, NINETEEN HUNDRED NINETY-EIGHT, SHALL COMPLETE
 CONTINUING  EDUCATION  HOURS  ON A PRORATED BASIS AT THE RATE OF ONE AND
 ONE-QUARTER HOURS PER MONTH FOR  THE  PERIOD  BEGINNING  JANUARY  FIRST,
 NINETEEN  HUNDRED  NINETY-SEVEN UP TO THE FIRST REGISTRATION DATE THERE-
 AFTER. A LICENSEE WHO HAS NOT SATISFIED THE MANDATORY CONTINUING  EDUCA-
 TION  REQUIREMENTS  SHALL NOT BE ISSUED A TRIENNIAL REGISTRATION CERTIF-
 ICATE BY THE DEPARTMENT AND  SHALL  NOT  PRACTICE  UNLESS  AND  UNTIL  A
 CONDITIONAL  REGISTRATION  CERTIFICATE IS ISSUED AS PROVIDED IN SUBDIVI-
 SION THREE OF THIS SECTION.  THE INDIVIDUAL LICENSEE SHALL DETERMINE THE
 SELECTION OF COURSES OR PROGRAMS OF STUDY PURSUANT TO  SUBDIVISION  FOUR
 OF THIS SECTION.
   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-
 S. 4007--A                         313                        A. 3007--A
 
 NIAL REGISTRATION.  THE DURATION OF SUCH CONDITIONAL REGISTRATION  SHALL
 BE  DETERMINED  BY  THE  DEPARTMENT. ANY LICENSEE WHO IS NOTIFIED OF THE
 DENIAL OF REGISTRATION FOR FAILURE TO SUBMIT EVIDENCE,  SATISFACTORY  TO
 THE  DEPARTMENT,  OF COMPLETION OF REQUIRED CONTINUING EDUCATION AND WHO
 PRACTICES DENTAL HYGIENE WITHOUT SUCH REGISTRATION, MAY  BE  SUBJECT  TO
 DISCIPLINARY  PROCEEDINGS  PURSUANT TO SECTION SIXTY-FIVE HUNDRED TEN OF
 THIS ARTICLE.
   4. AS USED IN THIS SECTION, "ACCEPTABLE FORMAL  CONTINUING  EDUCATION"
 SHALL  MEAN FORMAL PROGRAMS OF LEARNING WHICH CONTRIBUTE TO PROFESSIONAL
 PRACTICE AND WHICH MEET THE STANDARDS PRESCRIBED BY REGULATIONS  OF  THE
 COMMISSIONER. TO FULFILL THE MANDATORY CONTINUING EDUCATION REQUIREMENT,
 PROGRAMS  MUST BE TAKEN FROM SPONSORS APPROVED BY THE DEPARTMENT, PURSU-
 ANT TO THE REGULATIONS OF THE COMMISSIONER.
   5. THE MANDATORY CONTINUING EDUCATION FEE OF THIRTY DOLLARS  SHALL  BE
 PAYABLE  ON OR BEFORE THE FIRST DAY OF EACH TRIENNIAL REGISTRATION PERI-
 OD, AND SHALL BE PAID IN ADDITION  TO  THE  TRIENNIAL  REGISTRATION  FEE
 REQUIRED BY SECTION SIXTY-SIX HUNDRED NINE OF THIS TITLE.
   §  6609-B.  LIMITED  PERMIT  TO  PRACTICE DENTAL HYGIENE. 1. A LIMITED
 PERMIT TO PRACTICE DENTAL HYGIENE MAY BE GRANTED TO  AN  INDIVIDUAL  WHO
 HAS,  TO THE SATISFACTION OF THE DEPARTMENT, MET ALL THE REQUIREMENTS OF
 SECTION SIXTY-SIX HUNDRED NINE OF THIS TITLE, BUT HAS NOT YET PASSED THE
 EXAMINATION REQUIRED BY SUBDIVISION FOUR OF SUCH SECTION.
   2. A LIMITED PERMIT SHALL AUTHORIZE  THE  HOLDER  TO  PRACTICE  DENTAL
 HYGIENE  AS  DEFINED IN SECTION SIXTY-SIX HUNDRED SIX OF THIS TITLE, BUT
 ONLY UNDER THE PERSONAL SUPERVISION OF A LICENSED DENTIST, AS DEFINED IN
 REGULATIONS PROMULGATED BY THE COMMISSIONER.
   3. LIMITED PERMITS SHALL BE ISSUED FOR A PERIOD OF ONE YEAR AND MAY BE
 RENEWED AT THE DISCRETION OF THE DEPARTMENT FOR ONE ADDITIONAL YEAR.
   4. THE FEE FOR A LIMITED PERMIT AND FOR EACH RENEWAL  SHALL  BE  FIFTY
 DOLLARS.
   §  6610.  EXEMPT PERSONS; PRACTICE OF DENTAL HYGIENE.  NOTHING IN THIS
 TITLE SHALL BE CONSTRUED TO AFFECT OR PREVENT:
   1. AN UNLICENSED PERSON FROM PERFORMING SOLELY  MECHANICAL  WORK  UPON
 INERT  MATTER  IN A DENTAL OFFICE OR ON A DENTAL LABORATORY PRESCRIPTION
 OF A DENTIST HOLDING A LICENSE OR LIMITED PERMIT.
   2. A STUDENT FROM ENGAGING IN CLINICAL PRACTICE AS PART  OF  A  REGIS-
 TERED  PROGRAM  OPERATED BY A SCHOOL OF DENTISTRY UNDER SUPERVISION OF A
 DENTIST HOLDING A LICENSE OR LIMITED PERMIT FOR INSTRUCTING IN DENTISTRY
 IN A SCHOOL OF DENTISTRY.
   3. A STUDENT FROM ENGAGING IN ANY PROCEDURE AUTHORIZED  UNDER  SECTION
 SIXTY-SIX  HUNDRED  SIX  OF THIS TITLE IN CLINICAL PRACTICE AS PART OF A
 REGISTERED PROGRAM IN DENTAL HYGIENE  UNDER  SUPERVISION  OF  A  DENTIST
 HOLDING  A LICENSE OR A LIMITED PERMIT FOR INSTRUCTING IN DENTISTRY IN A
 SCHOOL OF DENTAL HYGIENE.
   4. AN EMPLOYEE OF A FEDERAL AGENCY FROM USING THE TITLE OF  AND  PRAC-
 TICING  AS  A DENTIST OR DENTAL HYGIENIST INSOFAR AS SUCH ACTIVITIES ARE
 REQUIRED BY HIS SALARIED POSITION.
   5. A DENTIST OR A DENTAL HYGIENIST LICENSED IN  SOME  OTHER  STATE  OR
 COUNTRY FROM MAKING A TEACHING CLINICAL DEMONSTRATION BEFORE A REGULARLY
 ORGANIZED  DENTAL  OR MEDICAL SOCIETY OR GROUP, OR FROM MEETING LICENSED
 DENTISTS IN THIS STATE FOR CONSULTATION, PROVIDED  SUCH  ACTIVITIES  ARE
 LIMITED TO SUCH DEMONSTRATION OR CONSULTATION.
   6. A DENTIST LICENSED IN ANOTHER STATE OR COUNTRY WHO IS EMPLOYED ON A
 FULL-TIME  BASIS  BY A REGISTERED DENTAL SCHOOL AS A FACULTY MEMBER WITH
 THE RANK OF ASSISTANT PROFESSOR OR HIGHER FROM CONDUCTING  RESEARCH  AND
 CLINICAL  DEMONSTRATIONS  AS A PART OF SUCH EMPLOYMENT, UNDER THE SUPER-
 S. 4007--A                         314                        A. 3007--A
 
 VISION OF A LICENSED DENTIST AND ON THE PREMISES OF THE SCHOOL.  NO  FEE
 MAY BE CHARGED FOR THE PRACTICE OF DENTISTRY AUTHORIZED BY THIS SUBDIVI-
 SION.
   7.  A  DENTIST LICENSED IN ANOTHER STATE OR COUNTRY WHO IS VISITING AN
 APPROVED DENTAL SCHOOL OR ANY OTHER ENTITY OPERATING A RESIDENCY PROGRAM
 THAT HAS BEEN ACCREDITED BY A NATIONAL ACCREDITING BODY APPROVED BY  THE
 DEPARTMENT  TO  RECEIVE  DENTAL  INSTRUCTION  FOR A PERIOD NOT TO EXCEED
 NINETY DAYS FROM ENGAGING IN CLINICAL PRACTICE, PROVIDED  SUCH  PRACTICE
 IS  LIMITED TO SUCH INSTRUCTION AND IS UNDER THE DIRECT SUPERVISION OF A
 LICENSED DENTIST.
   8. ANY STUDENT MATRICULATED IN AN  ACCREDITED  DENTAL  SCHOOL  LOCATED
 OUTSIDE  NEW  YORK STATE FROM ENGAGING IN APPROPRIATELY SUPERVISED CLIN-
 ICAL PRACTICE AS PART OF THE  SCHOOL'S  DENTAL  PROGRAM  IN  A  TEACHING
 HOSPITAL  WHICH  HAS A TEACHING AFFILIATION AGREEMENT WITH THE STUDENT'S
 DENTAL SCHOOL.
   § 6611. SPECIAL PROVISIONS. 1. EXCEPT UPON THE WRITTEN DENTAL  LABORA-
 TORY  PRESCRIPTION  OF  A  LICENSED  DENTIST  AND  EXCEPT  BY THE USE OF
 IMPRESSIONS OR CASTS MADE BY A LICENSED DENTIST,  NO  DENTAL  LABORATORY
 SHALL  FURNISH,  SUPPLY,  CONSTRUCT, REPRODUCE, PLACE, ADJUST, OR REPAIR
 ANY  DENTAL  PROSTHESIS,  DEVICE,  OR  APPLIANCE.  A  DENTAL  LABORATORY
 PRESCRIPTION  SHALL BE MADE OUT IN DUPLICATE. IT SHALL CONTAIN SUCH DATA
 AS MAY BE PRESCRIBED BY THE COMMISSIONER'S REGULATIONS. ONE  COPY  SHALL
 BE  RETAINED  BY THE PRACTITIONER OF DENTISTRY FOR A PERIOD OF ONE YEAR.
 THE OTHER COPY SHALL BE  ISSUED  TO  THE  PERSON,  FIRM  OR  CORPORATION
 ENGAGED  IN  FILLING DENTAL LABORATORY PRESCRIPTIONS, WHO OR WHICH SHALL
 EACH RETAIN AND FILE IN THEIR RESPECTIVE OFFICES OR PLACES  OF  BUSINESS
 THEIR RESPECTIVE COPIES FOR A PERIOD OF ONE YEAR.
   2.  THE  DEPARTMENT  IS EMPOWERED TO INSPECT AND TO HAVE ACCESS TO ALL
 PLACES, INCLUDING THE OFFICE OR OFFICES OF  A  LICENSED  DENTIST,  WHERE
 COPIES  OF  DENTAL  LABORATORY  PRESCRIPTIONS  ISSUED  BY HIM OR HER ARE
 RETAINED AS REQUIRED BY THIS SECTION, AND TO  ALL  PLACES  WHERE  DENTAL
 LABORATORY  PRESCRIPTIONS  ARE FILLED OR TO ANY WORKROOM OR WORKROOMS IN
 WHICH PROSTHETIC RESTORATIONS, PROSTHETIC DENTURES, BRIDGES, ORTHODONTIC
 OR OTHER APPLIANCES OR STRUCTURES TO BE USED AS SUBSTITUTES FOR  NATURAL
 TEETH OR TISSUE OR FOR THE CORRECTION OF MALOCCLUSION OR DEFORMITIES ARE
 MADE, REPAIRED OR ALTERED, WITH POWER TO SUBPOENA AND EXAMINE RECORDS OF
 DENTAL  LABORATORY  PRESCRIPTIONS. A PERSON WHO FAILS TO GRANT ACCESS TO
 SUCH PLACES OR WHO FAILS TO MAINTAIN PRESCRIPTIONS AS REQUIRED  BY  THIS
 SECTION SHALL BE GUILTY OF A CLASS A MISDEMEANOR.
   3. THE DEPARTMENT MAY ARRANGE FOR THE CONDUCT OF CLINICAL EXAMINATIONS
 IN  THE  CLINIC  OF  ANY SCHOOL OF DENTISTRY OR DENTAL HYGIENE WITHIN OR
 OUTSIDE THE STATE FOR DENTAL OR DENTAL HYGIENE CANDIDATES.
   4. A NOT-FOR-PROFIT DENTAL OR MEDICAL EXPENSE INDEMNITY CORPORATION OR
 HOSPITAL SERVICE CORPORATION ORGANIZED UNDER THE INSURANCE LAW OR PURSU-
 ANT TO SPECIAL LEGISLATION MAY ENTER INTO  CONTRACTS  WITH  DENTISTS  OR
 PARTNERSHIPS  OF  DENTISTS  TO  PROVIDE  DENTAL  CARE  ON ITS BEHALF FOR
 PERSONS INSURED UNDER ITS CONTRACTS OR POLICIES.
   5. LEGALLY INCORPORATED DENTAL CORPORATIONS EXISTING AND IN  OPERATION
 PRIOR  TO JANUARY FIRST, NINETEEN HUNDRED SIXTEEN, MAY CONTINUE TO OPER-
 ATE THROUGH LICENSED DENTISTS WHILE CONFORMING TO THE PROVISIONS OF THIS
 TITLE. ANY SUCH CORPORATION WHICH SHALL BE DISSOLVED OR CEASE  TO  EXIST
 OR  OPERATE  FOR  ANY REASON WHATSOEVER SHALL NOT BE PERMITTED TO RESUME
 OPERATIONS. NO SUCH CORPORATION SHALL CHANGE ITS NAME OR SELL ITS  FRAN-
 CHISE OR TRANSFER ITS CORPORATE RIGHTS DIRECTLY OR INDIRECTLY, BY TRANS-
 FER  OF  CAPITAL STOCK CONTROL OR OTHERWISE, TO ANY PERSON OR TO ANOTHER
 CORPORATION WITHOUT PERMISSION FROM THE DEPARTMENT, AND ANY  CORPORATION
 S. 4007--A                         315                        A. 3007--A
 
 SO  CHANGING  ITS  NAME  OR  SO  TRANSFERRING ITS FRANCHISE OR CORPORATE
 RIGHTS WITHOUT SUCH PERMISSION SHALL BE DEEMED  TO  HAVE  FORFEITED  ITS
 RIGHTS  TO EXIST AND MAY BE DISSOLVED BY AN ACTION BROUGHT BY THE ATTOR-
 NEY GENERAL.
   6.  NOTWITHSTANDING ANY INCONSISTENT PROVISION OF ANY GENERAL, SPECIAL
 OR LOCAL LAW, ANY LICENSED  DENTIST  WHO  VOLUNTARILY  AND  WITHOUT  THE
 EXPECTATION  OF  MONETARY  COMPENSATION  RENDERS  FIRST AID OR EMERGENCY
 TREATMENT AT THE SCENE OF AN ACCIDENT OR OTHER EMERGENCY, OUTSIDE  OF  A
 HOSPITAL  OR  ANY OTHER PLACE HAVING PROPER AND NECESSARY MEDICAL EQUIP-
 MENT, TO A PERSON WHO IS UNCONSCIOUS, ILL OR INJURED SHALL NOT BE LIABLE
 FOR DAMAGES FOR INJURIES ALLEGED TO HAVE BEEN SUSTAINED BY  SUCH  PERSON
 OR  FOR DAMAGES FOR THE DEATH OF SUCH PERSON ALLEGED TO HAVE OCCURRED BY
 REASON OF AN ACT OR OMISSION IN THE RENDERING OF SUCH FIRST AID OR EMER-
 GENCY TREATMENT UNLESS IT IS ESTABLISHED THAT SUCH INJURIES WERE OR SUCH
 DEATH WAS CAUSED BY GROSS NEGLIGENCE ON THE PART OF SUCH DENTIST.  NOTH-
 ING IN THIS SUBDIVISION SHALL  BE  DEEMED  OR  CONSTRUED  TO  RELIEVE  A
 LICENSED DENTIST FROM LIABILITY FOR DAMAGES FOR INJURIES OR DEATH CAUSED
 BY  AN  ACT OR OMISSION ON THE PART OF A DENTIST WHILE RENDERING PROFES-
 SIONAL SERVICES IN THE NORMAL AND ORDINARY COURSE OF PRACTICE.
   7. ANY DENTIST OR DENTAL HYGIENIST, WHO IN THE PERFORMANCE  OF  DENTAL
 SERVICES,  X-RAYS  THE  MOUTH  OR  TEETH  OF  A PATIENT SHALL DURING THE
 PERFORMANCE OF SUCH X-RAYS SHIELD THE TORSO AND  THYROID  AREA  OF  SUCH
 PATIENT  INCLUDING  BUT NOT LIMITED TO THE GONADS AND OTHER REPRODUCTIVE
 ORGANS WITH A LEAD APRON THYROID COLLAR,  OR  OTHER  SIMILAR  PROTECTIVE
 GARMENT  OR  DEVICE. NOTWITHSTANDING THE PROVISIONS OF THIS SUBDIVISION,
 IF IN THE DENTIST'S PROFESSIONAL JUDGMENT THE USE OF  A  THYROID  COLLAR
 WOULD BE INAPPROPRIATE UNDER THE CIRCUMSTANCES, BECAUSE OF THE NATURE OF
 THE  PATIENT,  THE  TYPE  OF  X-RAY  BEING  TAKEN, OR OTHER FACTORS, THE
 DENTIST OR DENTAL HYGIENIST NEED NOT SHIELD THE THYROID AREA.
   8. AN UNLICENSED PERSON MAY PROVIDE SUPPORTIVE SERVICES TO  A  DENTIST
 INCIDENTAL  TO  AND CONCURRENT WITH SUCH DENTIST PERSONALLY PERFORMING A
 SERVICE OR PROCEDURE. NOTHING IN THIS SUBDIVISION SHALL BE CONSTRUED  TO
 ALLOW  AN UNLICENSED PERSON TO PROVIDE ANY SERVICE WHICH CONSTITUTES THE
 PRACTICE OF DENTISTRY OR DENTAL HYGIENE AS DEFINED IN THIS TITLE.
   9. THERE SHALL BE NO MONETARY LIABILITY ON THE PART OF, AND  NO  CAUSE
 OF  ACTION  FOR  DAMAGES  SHALL  ARISE AGAINST, ANY PERSON, PARTNERSHIP,
 CORPORATION, FIRM, SOCIETY, OR OTHER ENTITY ON ACCOUNT OF  THE  COMMUNI-
 CATION  OF INFORMATION IN THE POSSESSION OF SUCH PERSON OR ENTITY, OR ON
 ACCOUNT OF ANY RECOMMENDATION OR EVALUATION,  REGARDING  THE  QUALIFICA-
 TIONS,  FITNESS,  OR  PROFESSIONAL CONDUCT OR PRACTICES OF A DENTIST, TO
 ANY GOVERNMENTAL AGENCY, DENTAL OR SPECIALISTS SOCIETY, OR  HOSPITAL  AS
 DEFINED  IN  ARTICLE  TWENTY-EIGHT OF THIS CHAPTER.  THE FOREGOING SHALL
 NOT APPLY TO INFORMATION WHICH IS UNTRUE AND COMMUNICATED WITH MALICIOUS
 INTENT.
   10. EACH DENTIST AND REGISTERED DENTAL HYGIENIST WORKING FOR A  HOSPI-
 TAL  AS DEFINED IN ARTICLE TWENTY-EIGHT OF THIS CHAPTER WHO PRACTICES IN
 COLLABORATION WITH A LICENSED DENTIST SHALL BECOME CERTIFIED IN CARDIOP-
 ULMONARY RESUSCITATION (CPR) FROM AN APPROVED  PROVIDER  AND  THEREAFTER
 MAINTAIN CURRENT CERTIFICATION, WHICH SHALL BE INCLUDED IN THE MANDATORY
 HOURS  OF  CONTINUING  EDUCATION  ACCEPTABLE  FOR DENTISTS TO THE EXTENT
 PROVIDED IN THE COMMISSIONER'S REGULATIONS. IN THE EVENT THE DENTIST  OR
 REGISTERED  DENTAL  HYGIENIST CANNOT PHYSICALLY PERFORM CPR, THE COMMIS-
 SIONER'S REGULATIONS  SHALL  ALLOW  THE  DENTIST  OR  REGISTERED  DENTAL
 HYGIENIST  TO  MAKE ARRANGEMENTS FOR ANOTHER INDIVIDUAL IN THE OFFICE TO
 ADMINISTER CPR. ALL DENTAL FACILITIES SHALL HAVE AN  AUTOMATIC  EXTERNAL
 DEFIBRILLATOR OR OTHER DEFIBRILLATOR AT THE FACILITY.
 S. 4007--A                         316                        A. 3007--A
 
   §  6612.  IDENTIFICATION  OF  REMOVABLE  FULL  OR  PARTIAL  PROSTHETIC
 DEVICES. 1. EXCEPT AS PROVIDED HEREIN, EVERY DENTIST  LICENSED  IN  THIS
 STATE  MAKING  OR  DIRECTING  TO BE MADE A REMOVABLE PROSTHETIC DENTURE,
 BRIDGE, APPLIANCE OR OTHER STRUCTURE TO BE USED AND WORN AS A SUBSTITUTE
 FOR NATURAL TEETH, SHALL OFFER TO THE PATIENT FOR WHOM THE PROSTHESIS IS
 INTENDED  THE  OPPORTUNITY  TO  HAVE  SUCH  PROSTHESIS  MARKED  WITH THE
 PATIENT'S NAME OR INITIALS. SUCH MARKINGS SHALL BE ACCOMPLISHED  AT  THE
 TIME  THE  PROSTHESIS IS MADE AND THE LOCATION AND METHODS USED TO APPLY
 OR IMPLANT THEM SHALL BE DETERMINED BY THE DENTIST OR THE PERSON  ACTING
 ON  BEHALF  OF THE DENTIST. SUCH MARKING SHALL BE PERMANENT, LEGIBLE AND
 COSMETICALLY ACCEPTABLE.
   2. NOTWITHSTANDING THE FOREGOING, IF IN THE JUDGMENT OF THE DENTIST OR
 THE PERSON MAKING THE PROSTHESIS, SUCH IDENTIFICATION IS NOT PRACTICABLE
 OR CLINICALLY SAFE, THE IDENTIFICATION MARKS MAY BE OMITTED ENTIRELY.
   3. THE COMMISSIONER SHALL ADOPT  RULES  AND  REGULATIONS  AND  PROVIDE
 STANDARDS NECESSARY TO CARRY OUT THE PROVISIONS OF THIS SECTION.
   §  6613.  NITROUS OXIDE EQUIPMENT. ANY MACHINE USED IN A DENTAL OFFICE
 FOR THE ADMINISTRATION OF NITROUS OXIDE TO A PATIENT SHALL  BE  EQUIPPED
 WITH A SCAVENGING SYSTEM THAT APPROPRIATELY MINIMIZES LEAKAGE OF NITROUS
 OXIDE.
 
                                  TITLE 8
                          LICENSED PERFUSIONISTS
 SECTION 6630. DEFINITIONS.
         6631. PRACTICE  OF  PERFUSION  AND USE OF TITLE "LICENSED PERFU-
                 SIONIST".
         6632. REQUIREMENTS FOR LICENSURE AS A PERFUSIONIST.
         6633. SPECIAL PROVISIONS.
         6634. STATE COMMITTEE FOR PERFUSION.
         6635. LIMITED PERMITS.
         6636. EXEMPT PERSONS.
   § 6630. DEFINITIONS. AS USED IN THIS TITLE: 1. THE TERM "PERFUSIONIST"
 MEANS A PERSON WHO IS LICENSED TO PRACTICE PERFUSION  PURSUANT  TO  THIS
 TITLE.
   2.  THE TERM "REGISTERED PROGRAM" MEANS A PROGRAM FOR THE EDUCATION OF
 PERFUSIONISTS WHICH HAS BEEN REGISTERED BY THE DEPARTMENT OR  DETERMINED
 BY THE DEPARTMENT TO BE THE SUBSTANTIAL EQUIVALENT.
   3.  A.  THE  TERM "PERFUSION" MEANS THE PROVISION OF EXTRACORPOREAL OR
 INTRACORPOREAL PATIENT CARE SERVICES TO SUPPORT OR REPLACE THE  CIRCULA-
 TORY  OR RESPIRATORY FUNCTION OF A PATIENT, INCLUDING THE ADMINISTRATION
 OF PHARMACOLOGICAL AND THERAPEUTIC AGENTS, AND BLOOD PRODUCTS,  AND  THE
 MANAGEMENT,  TREATMENT  AND  MONITORING OF THE PHYSIOLOGICAL STATUS OF A
 PATIENT DURING THE OPERATION OF EXTRACORPOREAL CIRCULATION EQUIPMENT  OR
 INTRACORPOREAL EQUIPMENT THAT REPLACES OR SUPPORT CIRCULATORY OR RESPIR-
 ATORY FUNCTIONS.
   B. ALL PERFUSION SERVICES SHALL BE PURSUANT TO THE ORDER AND DIRECTION
 OF A PHYSICIAN.  PERFUSION SERVICES MAY BE PERFORMED IN A GENERAL HOSPI-
 TAL  LICENSED PURSUANT TO ARTICLE TWENTY-EIGHT OF THIS CHAPTER OR DURING
 THE TRANSPORT OF PATIENTS  OR  ORGANS  SUPPORTED  BY  EXTRACORPOREAL  OR
 INTRACORPOREAL EQUIPMENT.
   4.  THE  TERM  "COMMITTEE"  MEANS  THE  STATE  COMMITTEE FOR PERFUSION
 CREATED BY SECTION SIXTY-SIX HUNDRED THIRTY-FOUR OF THIS TITLE.
   § 6631. PRACTICE OF PERFUSION AND USE OF  TITLE  "LICENSED  PERFUSION-
 IST".  ONLY  A PERSON LICENSED OR EXEMPT UNDER THIS TITLE SHALL PRACTICE
 PERFUSION. ONLY PERSONS LICENSED AS  PERFUSIONISTS  MAY  USE  THE  TITLE
 "LICENSED PERFUSIONIST".
 S. 4007--A                         317                        A. 3007--A
 
   §  6632.  REQUIREMENTS FOR LICENSURE AS A PERFUSIONIST. TO QUALIFY FOR
 LICENSURE AS A "LICENSED PERFUSIONIST", AN APPLICANT SHALL  FULFILL  THE
 FOLLOWING REQUIREMENTS:
   1. APPLICATION: FILE AN APPLICATION WITH THE DEPARTMENT;
   2. EDUCATION:
   A.  HAS  SUCCESSFULLY  COMPLETED  A  BACCALAUREATE OR HIGHER DEGREE IN
 PERFUSION REGISTERED BY THE DEPARTMENT, OR THE SUBSTANTIAL EQUIVALENT AS
 DETERMINED BY THE DEPARTMENT; OR
   B. HAS COMPLETED A BACCALAUREATE OR HIGHER DEGREE AND A CREDIT BEARING
 CERTIFICATE PROGRAM IN PERFUSION ACCEPTABLE TO THE DEPARTMENT; OR
   C. UNTIL TWO  YEARS  FROM  THE  EFFECTIVE  DATE  OF  THIS  TITLE,  HAS
 COMPLETED  A  BACCALAUREATE  OR HIGHER DEGREE AND AN ACCREDITED TRAINING
 PROGRAM IN PERFUSION ACCEPTABLE TO  THE  DEPARTMENT  PURSUANT  TO  REGU-
 LATIONS.
   3. EXAMINATION: HAS OBTAINED A PASSING SCORE ON AN EXAMINATION ACCEPT-
 ABLE TO THE DEPARTMENT;
   4.  AGE:  AT  THE  TIME OF APPLICATION IS AT LEAST TWENTY-ONE YEARS OF
 AGE;
   5. CHARACTER: BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE  DEPART-
 MENT; AND
   6.  FEE: PAY A FEE DETERMINED BY THE DEPARTMENT FOR AN INITIAL LICENSE
 AND FOR EACH TRIENNIAL REGISTRATION PERIOD.
   § 6633. SPECIAL PROVISIONS. AN INDIVIDUAL WHO MEETS  THE  REQUIREMENTS
 FOR A LICENSE AS A LICENSED PERFUSIONIST EXCEPT FOR EXAMINATION, EXPERI-
 ENCE  AND  EDUCATION  AND  WHO  MEETS  THE REQUIREMENTS ENUMERATED UNDER
 SUBDIVISIONS ONE OR TWO OF THIS SECTION MAY BE LICENSED WITHOUT  MEETING
 ADDITIONAL  REQUIREMENTS PROVIDED THAT SUCH INDIVIDUAL SUBMITS AN APPLI-
 CATION TO THE DEPARTMENT WITHIN TWO YEARS OF THE EFFECTIVE DATE OF  THIS
 SECTION.
   1. APPLICANTS MAY BE LICENSED IF THEY HAVE BEEN PRACTICING AS A PERFU-
 SIONIST  FOR  FIVE YEARS IN THE PAST TEN YEARS IN AN INPATIENT UNIT THAT
 PROVIDES CARDIAC SURGERY SERVICES IN A HOSPITAL APPROVED BY THE  DEPART-
 MENT  OR  A  SUBSTANTIALLY EQUIVALENT ACCREDITING BODY ACCEPTABLE TO THE
 COMMITTEE AND THE DEPARTMENT AT LEAST THREE OF SUCH YEARS OF  EXPERIENCE
 HAVING OCCURRED DURING THE PAST FIVE YEARS.
   2.  APPLICANTS WHO POSSESS CERTIFICATION FROM A NATIONAL CERTIFICATION
 ORGANIZATION ACCEPTABLE TO THE  COMMITTEE  AND  THE  DEPARTMENT  MAY  BE
 LICENSED  IF  THEY HAVE BEEN EMPLOYED AS A PERFUSIONIST FOR THREE OF THE
 PAST FIVE YEARS.
   § 6634. STATE COMMITTEE FOR PERFUSION. 1. A STATE COMMITTEE FOR PERFU-
 SION SHALL BE APPOINTED BY THE DEPARTMENT UPON THE RECOMMENDATION OF THE
 COMMISSIONER AS A COMMITTEE OF THE BOARD FOR MEDICINE TO  ADVISE  SOLELY
 IN  MATTERS  RELATING TO PERFUSION AND SHALL ASSIST ON MATTERS OF LICEN-
 SURE AND PROFESSIONAL CONDUCT.
   2. THE COMMITTEE SHALL CONSIST OF NO FEWER THAN EIGHT INDIVIDUALS,  TO
 BE COMPOSED OF A MINIMUM OF THE FOLLOWING:
   A. FOUR LICENSED PERFUSIONISTS;
   B. TWO LICENSED PHYSICIANS; AND
   C. TWO REPRESENTATIVES OF THE PUBLIC AT LARGE.
   §  6635.  LIMITED  PERMITS.  1. ELIGIBILITY. A PERSON WHO FULFILLS ALL
 REQUIREMENTS FOR LICENSURE AS A PERFUSIONIST EXCEPT THAT RELATING TO THE
 EXAMINATION SHALL BE ELIGIBLE FOR A LIMITED PERMIT.
   2. LIMIT OF PRACTICE. A PERMITTEE SHALL BE AUTHORIZED TO PRACTICE AS A
 PERFUSIONIST ONLY UNDER THE SUPERVISION OF A LICENSED  PERFUSIONIST  AND
 PURSUANT TO THE ORDER AND DIRECTION OF A PHYSICIAN.
 S. 4007--A                         318                        A. 3007--A
 
   3.  DURATION.  A LIMITED PERMIT SHALL EXPIRE ONE YEAR FROM THE DATE OF
 ISSUANCE. A LIMITED PERMIT MAY BE EXTENDED FOR ONE ADDITIONAL  YEAR  FOR
 GOOD CAUSE AS DETERMINED BY THE DEPARTMENT.
   4.  FEES.  THE  FEE  FOR EACH LIMITED PERMIT SHALL BE ONE HUNDRED FIVE
 DOLLARS.
   § 6636. EXEMPT PERSONS. THIS TITLE SHALL NOT PROHIBIT:
   1. THE PRACTICE OF PERFUSION BY ANY STUDENT WHO IS ENGAGED IN CLINICAL
 TRAINING IN A GENERAL HOSPITAL LICENSED PURSUANT TO ARTICLE TWENTY-EIGHT
 OF THIS CHAPTER OR DURING THE TRANSPORT OF PATIENTS OR ORGANS  SUPPORTED
 BY  EXTRACORPOREAL  OR INTRACORPOREAL EQUIPMENT AND WHO IS ENROLLED IN A
 PERFUSION PROGRAM APPROVED BY THE DEPARTMENT, PROVIDED SUCH PRACTICE  IS
 LIMITED  TO  SUCH CLINICAL TRAINING WHICH SHALL BE CARRIED OUT UNDER THE
 DIRECT SUPERVISION OF A LICENSED PERFUSIONIST AND PURSUANT TO THE  ORDER
 AND DIRECTION OF A PHYSICIAN; OR
   2. THE PERFORMANCE OF ANY OF THE TASKS OR RESPONSIBILITIES INCLUDED IN
 THE  DEFINITION  OF  PERFUSION  BY  ANY OTHER PERSON LICENSED UNDER THIS
 ARTICLE, PROVIDED THAT SUCH TASKS OR RESPONSIBILITIES ARE AUTHORIZED  BY
 THE  TITLE  GOVERNING  THE  PROFESSION  PURSUANT TO WHICH SAID PERSON IS
 LICENSED; OR
   3. THE PRACTICE OF PERFUSION BY ANY LEGALLY QUALIFIED PERFUSIONIST  OF
 ANY  OTHER  STATE OR TERRITORY WHO IS SERVING IN THE ARMED FORCES OR THE
 PUBLIC HEALTH SERVICE OF THE UNITED STATES OR WHO  IS  EMPLOYED  BY  THE
 VETERANS  ADMINISTRATION, WHILE ENGAGED IN THE PERFORMANCE OF HIS OR HER
 DUTIES.
 
                                  TITLE 9
            PHYSICAL THERAPY AND PHYSICAL THERAPIST ASSISTANTS
 SECTION 6730.   INTRODUCTION.
         6731.   DEFINITION OF PHYSICAL THERAPY.
         6732.   PRACTICE OF PHYSICAL THERAPY AND THE USE OF TITLE "PHYS-
                   ICAL THERAPIST".
         6733.   STATE BOARD FOR PHYSICAL THERAPY.
         6734.   REQUIREMENTS FOR A PROFESSIONAL LICENSE.
         6735.   LIMITED PERMITS; PHYSICAL THERAPIST.
         6736.   EXEMPT PERSONS.
         6737.   NON-LIABILITY OF LICENSED PHYSICAL THERAPISTS FOR  FIRST
                   AID OR EMERGENCY TREATMENT.
         6738.   DEFINITION OF PHYSICAL THERAPIST ASSISTANT.
         6739.   DUTIES  OF  PHYSICAL THERAPIST ASSISTANTS AND THE USE OF
                   TITLE "PHYSICAL THERAPIST ASSISTANT".
         6740.   REQUIREMENTS FOR CERTIFICATION AS A  PHYSICAL  THERAPIST
                   ASSISTANT.
         6741.   EXEMPTION.
         6741-A. LIMITED PERMITS; PHYSICAL THERAPIST ASSISTANT.
         6742.   SPECIAL PROVISIONS.
         6742-A. MANDATORY CONTINUING EDUCATION.
         6743.   VALIDITY OF EXISTING LICENSES.
   § 6730. INTRODUCTION. THIS TITLE APPLIES TO THE PROFESSION OF PHYSICAL
 THERAPY  AND  PROVIDES  FOR THE LICENSING OF PHYSICAL THERAPISTS AND FOR
 THE  CERTIFICATION  OF  PHYSICAL  THERAPIST  ASSISTANTS.   THE   GENERAL
 PROVISIONS  FOR  ALL  PROFESSIONS CONTAINED IN TITLE ONE OF THIS ARTICLE
 APPLY TO THIS TITLE.
   § 6731. DEFINITION OF PHYSICAL THERAPY. PHYSICAL  THERAPY  IS  DEFINED
 AS:
   1.  THE  EVALUATION,  TREATMENT  OR  PREVENTION OF DISABILITY, INJURY,
 DISEASE, OR OTHER CONDITION OF  HEALTH  USING  PHYSICAL,  CHEMICAL,  AND
 S. 4007--A                         319                        A. 3007--A
 
 MECHANICAL  MEANS  INCLUDING, BUT NOT LIMITED TO HEAT, COLD, LIGHT, AIR,
 WATER, SOUND, ELECTRICITY, MASSAGE, MOBILIZATION, AND THERAPEUTIC  EXER-
 CISE  WITH  OR WITHOUT ASSISTIVE DEVICES, AND THE PERFORMANCE AND INTER-
 PRETATION OF TESTS AND MEASUREMENTS TO ASSESS PATHOPHYSIOLOGICAL, PATHO-
 MECHANICAL,  AND  DEVELOPMENTAL  DEFICITS  OF HUMAN SYSTEMS TO DETERMINE
 TREATMENT, AND ASSIST IN DIAGNOSIS AND PROGNOSIS.
   2. THE USE OF ROENTGEN RAYS OR RADIUM, OR THE USE OF  ELECTRICITY  FOR
 SURGICAL  PURPOSES  SUCH  AS  CAUTERIZATION SHALL NOT BE INCLUDED IN THE
 PRACTICE OF PHYSICAL THERAPY.
   3. SUCH TREATMENT SHALL BE RENDERED PURSUANT TO A REFERRAL  WHICH  MAY
 BE  DIRECTIVE  AS  TO TREATMENT BY A LICENSED PHYSICIAN, DENTIST, PODIA-
 TRIST, NURSE PRACTITIONER OR LICENSED MIDWIFE, EACH ACTING WITHIN HIS OR
 HER LAWFUL SCOPE OF PRACTICE, AND IN ACCORDANCE  WITH  THEIR  DIAGNOSIS,
 EXCEPT AS PROVIDED IN SUBDIVISION FOUR OF THIS SECTION.
   4. SUCH TREATMENT MAY BE RENDERED BY A LICENSED PHYSICAL THERAPIST FOR
 TEN VISITS OR THIRTY DAYS, WHICHEVER SHALL OCCUR FIRST, WITHOUT A REFER-
 RAL  FROM  A  PHYSICIAN,  DENTIST,  PODIATRIST,  NURSE  PRACTITIONER  OR
 LICENSED MIDWIFE PROVIDED THAT:
   A. THE LICENSED PHYSICAL THERAPIST HAS PRACTICED PHYSICAL THERAPY ON A
 FULL-TIME BASIS EQUIVALENT TO NOT LESS THAN THREE YEARS.
   B. EACH PHYSICAL THERAPIST  LICENSED  PURSUANT  TO  THIS  TITLE  SHALL
 PROVIDE  WRITTEN  NOTICE  TO  EACH  PATIENT RECEIVING TREATMENT ABSENT A
 REFERRAL FROM A PHYSICIAN, DENTIST, PODIATRIST,  NURSE  PRACTITIONER  OR
 LICENSED  MIDWIFE  THAT  PHYSICAL  THERAPY  MAY  NOT  BE  COVERED BY THE
 PATIENT'S HEALTH CARE PLAN OR INSURER WITHOUT SUCH A REFERRAL  AND  THAT
 SUCH TREATMENT MAY BE A COVERED EXPENSE IF RENDERED PURSUANT TO A REFER-
 RAL.  THE  PHYSICAL  THERAPIST  SHALL  KEEP  ON  FILE WITH THE PATIENT'S
 RECORDS A FORM ATTESTING TO THE PATIENT'S NOTICE OF SUCH ADVICE.    SUCH
 FORM SHALL BE IN DUPLICATE, WITH ONE COPY TO BE RETAINED BY THE PATIENT,
 SIGNED  AND DATED BY BOTH THE PHYSICAL THERAPIST AND THE PATIENT IN SUCH
 FORM AS PRESCRIBED PURSUANT TO REGULATIONS PROMULGATED  BY  THE  COMMIS-
 SIONER.
   §  6732.  PRACTICE  OF PHYSICAL THERAPY AND THE USE OF TITLE "PHYSICAL
 THERAPIST". ONLY A PERSON LICENSED OR OTHERWISE  AUTHORIZED  UNDER  THIS
 TITLE  SHALL PRACTICE PHYSICAL THERAPY OR USE THE TITLE "PHYSICAL THERA-
 PIST", "PHYSIOTHERAPIST" OR "MECHANOTHERAPIST" OR  THE  ABBREVIATION  OF
 "P.T."  IN CONNECTION WITH HIS OR HER NAME OR WITH ANY TRADE NAME IN THE
 CONDUCT OF HIS OR HER PROFESSION. ONLY A PERSON  LICENSED  OR  OTHERWISE
 AUTHORIZED  UNDER  THIS  TITLE TO PRACTICE PHYSICAL THERAPY, AND WHO HAS
 OBTAINED A DOCTORATE IN PHYSICAL THERAPY MAY USE THE  TITLE  "DOCTOR  OF
 PHYSICAL THERAPY" OR ABBREVIATION "D.P.T." IN CONNECTION WITH HIS OR HER
 NAME  OR  WITH  ANY  TRADE  NAME TO INDICATE OR IMPLY THAT THE PERSON IS
 LICENSED OR OTHERWISE AUTHORIZED TO PRACTICE PHYSICAL THERAPY.
   § 6733. STATE BOARD FOR PHYSICAL THERAPY. A STATE BOARD  FOR  PHYSICAL
 THERAPY  SHALL  BE  APPOINTED BY THE DEPARTMENT ON RECOMMENDATION OF THE
 COMMISSIONER FOR THE PURPOSE OF ASSISTING THE DEPARTMENT ON  MATTERS  OF
 PROFESSIONAL  LICENSING  AND  PROFESSIONAL  CONDUCT  IN  ACCORDANCE WITH
 SECTION SIXTY-FIVE HUNDRED EIGHT OF THIS ARTICLE.  THE  BOARD  SHALL  BE
 COMPOSED  OF  NOT  LESS  THAN EIGHT LICENSED PHYSICAL THERAPISTS AND NOT
 LESS THAN ONE PUBLIC REPRESENTATIVE. AN EXECUTIVE SECRETARY TO THE BOARD
 SHALL BE APPOINTED BY THE DEPARTMENT ON RECOMMENDATION  OF  THE  COMMIS-
 SIONER.
   §  6734.  REQUIREMENTS  FOR  A  PROFESSIONAL LICENSE. TO QUALIFY FOR A
 LICENSE AS A PHYSICAL THERAPIST, AN APPLICANT SHALL FULFILL THE  FOLLOW-
 ING REQUIREMENTS:
   1. APPLICATION: FILE AN APPLICATION WITH THE DEPARTMENT;
 S. 4007--A                         320                        A. 3007--A
 
   2.  EDUCATION:  HAVE  RECEIVED AN EDUCATION, INCLUDING COMPLETION OF A
 MASTER'S DEGREE OR HIGHER IN PHYSICAL THERAPY OR DETERMINED TO BE EQUIV-
 ALENT, IN ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS;
   3. EXPERIENCE: HAVE EXPERIENCE SATISFACTORY TO THE BOARD 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.  FEES: PAY A FEE OF ONE HUNDRED SEVENTY-FIVE DOLLARS TO THE DEPART-
 MENT FOR ADMISSION TO A DEPARTMENT  CONDUCTED  EXAMINATION  AND  FOR  AN
 INITIAL  LICENSE; A FEE OF EIGHTY-FIVE DOLLARS FOR EACH REEXAMINATION; A
 FEE OF ONE HUNDRED FIFTEEN DOLLARS FOR AN INITIAL  LICENSE  FOR  PERSONS
 NOT REQUIRING ADMISSION TO A DEPARTMENT CONDUCTED EXAMINATION; AND A FEE
 OF  ONE HUNDRED FIFTY-FIVE DOLLARS FOR EACH TRIENNIAL REGISTRATION PERI-
 OD.
   § 6735. LIMITED PERMITS; PHYSICAL THERAPIST.  1. THE DEPARTMENT  SHALL
 ISSUE  A  LIMITED  PERMIT TO AN APPLICANT WHO MEETS ALL REQUIREMENTS FOR
 ADMISSION TO THE LICENSING EXAMINATION.
   2. ALL PRACTICE UNDER A LIMITED PERMIT SHALL BE UNDER THE  SUPERVISION
 OF  A  LICENSED PHYSICAL THERAPIST IN A PUBLIC 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 PHYSICAL THERAPIST, OR  IN  THE  CIVIL
 SERVICE OF THE STATE OR POLITICAL SUBDIVISION THEREOF.
   3.  LIMITED PERMITS SHALL BE FOR SIX MONTHS AND THE DEPARTMENT MAY FOR
 JUSTIFIABLE CAUSE RENEW A LIMITED  PERMIT  PROVIDED  THAT  NO  APPLICANT
 SHALL  PRACTICE  UNDER  ANY  LIMITED PERMIT FOR MORE THAN A TOTAL OF ONE
 YEAR.
   4. SUPERVISION OF A PERMITTEE BY A LICENSED PHYSICAL  THERAPIST  SHALL
 BE  ON-SITE  SUPERVISION AND NOT NECESSARILY DIRECT PERSONAL SUPERVISION
 EXCEPT THAT SUCH SUPERVISION NEED NOT BE ON-SITE  WHEN  THE  SUPERVISING
 PHYSICAL  THERAPIST  HAS  DETERMINED, THROUGH EVALUATION, THE SETTING OF
 GOALS AND THE ESTABLISHMENT OF A TREATMENT PLAN, THAT THE PROGRAM IS ONE
 OF MAINTENANCE AS DEFINED PURSUANT TO TITLE XVIII OF THE FEDERAL  SOCIAL
 SECURITY ACT.
   5.  THE  FEE  FOR  EACH  LIMITED  PERMIT AND FOR EACH RENEWAL SHALL BE
 SEVENTY DOLLARS.
   § 6736. EXEMPT PERSONS. 1. THIS TITLE SHALL NOT BE CONSTRUED TO AFFECT
 OR PREVENT THE ADMINISTRATION OF PHYSICAL THERAPY OR THE USE OF  MODALI-
 TIES  BY A PERSON EMPLOYED BY A LICENSED PHYSICIAN OR PHYSICAL THERAPIST
 IN HIS OR HER OFFICE, OR IN THE CIVIL SERVICE OF THE STATE OR ANY  POLI-
 TICAL  SUBDIVISION  THEREOF, OR IN A HOSPITAL OR CLINIC, OR IN AN INFIR-
 MARY MAINTAINED BY A PERSON, FIRM OR CORPORATION EMPLOYING ONE  OR  MORE
 FULL-TIME LICENSED PHYSICIANS OR PHYSICAL THERAPISTS, PROVIDED THAT SUCH
 PERSON WAS SO EMPLOYED FOR A PERIOD OF AT LEAST TWO YEARS PRIOR TO APRIL
 TENTH,  NINETEEN  HUNDRED  FIFTY, AND HAS BEEN ISSUED A WRITTEN AUTHORI-
 ZATION BY THE DEPARTMENT.
   2. THIS TITLE SHALL NOT BE CONSTRUED TO AFFECT OR PREVENT:
   A. A PHYSICAL THERAPY STUDENT FROM ENGAGING IN CLINICAL PRACTICE UNDER
 THE SUPERVISION OF A LICENSED PHYSICAL THERAPIST AS PART  OF  A  PROGRAM
 CONDUCTED  IN  AN  APPROVED  SCHOOL OF PHYSICAL THERAPY OR IN A CLINICAL
 FACILITY OR HEALTH CARE AGENCY AFFILIATED WITH THE  SCHOOL  OF  PHYSICAL
 THERAPY  AND  SUPERVISION  OF  A  PHYSICAL THERAPY STUDENT BY A LICENSED
 S. 4007--A                         321                        A. 3007--A
 
 PHYSICAL THERAPIST SHALL BE  ON-SITE  SUPERVISION  AND  NOT  NECESSARILY
 DIRECT PERSONAL SUPERVISION;
   B.  A PHYSICAL THERAPIST GRADUATE OF AN APPROVED PROGRAM FROM ENGAGING
 IN CLINICAL PRACTICE UNDER  THE  ON-SITE,  BUT  NOT  NECESSARILY  DIRECT
 PERSONAL SUPERVISION OF A LICENSED PHYSICAL THERAPIST PROVIDED THE GRAD-
 UATE  HAS: (I) APPLIED AND PAID A FEE FOR THE LICENSING AND EXAMINATION,
 (II) APPLIED AND PAID A FEE FOR THE TEMPORARY PERMIT.    THIS  EXEMPTION
 SHALL NOT EXTEND BEYOND NINETY DAYS AFTER GRADUATION;
   C.  A  PHYSICAL  THERAPIST  LICENSED  IN ANOTHER STATE OR COUNTRY FROM
 CONDUCTING A  TEACHING  CLINICAL  DEMONSTRATION  IN  CONNECTION  WITH  A
 PROGRAM  OF BASIC CLINICAL EDUCATION, GRADUATE EDUCATION, OR POST-GRADU-
 ATE EDUCATION IN AN APPROVED SCHOOL OF PHYSICAL THERAPY OR IN ITS AFFIL-
 IATED CLINICAL FACILITY OR HEALTH CARE AGENCY,  OR  BEFORE  A  GROUP  OF
 LICENSED PHYSICAL THERAPISTS WHO ARE MEMBERS OF A PROFESSIONAL SOCIETY;
   D.  A  PHYSICAL  THERAPIST  WHO  IS SERVING IN THE ARMED FORCES OR THE
 PUBLIC HEALTH SERVICE OF THE UNITED STATES OR IS EMPLOYED BY THE  VETER-
 ANS  ADMINISTRATION  FROM PRACTICING THE PROFESSION OF PHYSICAL THERAPY,
 PROVIDED SUCH PRACTICE IS LIMITED TO SUCH SERVICE OR EMPLOYMENT.
   § 6737. NON-LIABILITY OF LICENSED PHYSICAL THERAPISTS FOR FIRST AID OR
 EMERGENCY TREATMENT. NOTWITHSTANDING ANY INCONSISTENT PROVISION  OF  ANY
 GENERAL,  SPECIAL  OR  LOCAL  LAW,  ANY  LICENSED PHYSICAL THERAPIST WHO
 VOLUNTARILY AND WITHOUT THE EXPECTATION OF MONETARY COMPENSATION RENDERS
 FIRST AID OR EMERGENCY TREATMENT AT THE SCENE OF AN  ACCIDENT  OR  OTHER
 EMERGENCY, OUTSIDE A HOSPITAL, DOCTOR'S OFFICE OR ANY OTHER PLACE HAVING
 PROPER  AND  NECESSARY  PHYSICAL  THERAPY  EQUIPMENT, TO A PERSON WHO IS
 UNCONSCIOUS, ILL OR INJURED, SHALL NOT BE LIABLE FOR DAMAGES  FOR  INJU-
 RIES  ALLEGED  TO  HAVE BEEN SUSTAINED BY SUCH PERSON OR FOR DAMAGES FOR
 THE DEATH OF SUCH PERSON ALLEGED TO HAVE OCCURRED BY REASON OF AN ACT OR
 OMISSION IN THE RENDERING OF  SUCH  FIRST  AID  OR  EMERGENCY  TREATMENT
 UNLESS  IT  IS  ESTABLISHED  THAT  SUCH  INJURIES WERE OR SUCH DEATH WAS
 CAUSED BY GROSS NEGLIGENCE ON THE PART OF SUCH PHYSICAL THERAPIST. NOTH-
 ING IN THIS SECTION SHALL BE DEEMED OR CONSTRUED TO RELIEVE  A  LICENSED
 PHYSICAL  THERAPIST  FROM  LIABILITY  FOR  DAMAGES FOR INJURIES OR DEATH
 CAUSED BY AN ACT OR OMISSION ON THE PART OF A PHYSICAL  THERAPIST  WHILE
 RENDERING PROFESSIONAL SERVICES IN THE NORMAL AND ORDINARY COURSE OF HIS
 OR HER PRACTICE.
   §  6738.  DEFINITION  OF  PHYSICAL THERAPIST ASSISTANT. 1. A "PHYSICAL
 THERAPIST ASSISTANT" MEANS A PERSON CERTIFIED IN  ACCORDANCE  WITH  THIS
 TITLE  WHO  WORKS UNDER THE SUPERVISION OF A LICENSED PHYSICAL THERAPIST
 PERFORMING SUCH PATIENT RELATED ACTIVITIES AS ARE ASSIGNED BY THE SUPER-
 VISING PHYSICAL THERAPIST. DUTIES OF PHYSICAL THERAPIST ASSISTANTS SHALL
 NOT INCLUDE EVALUATION, TESTING, INTERPRETATION, PLANNING  OR  MODIFICA-
 TION OF PATIENT PROGRAMS.  SUPERVISION OF A PHYSICAL THERAPIST ASSISTANT
 BY  A  LICENSED PHYSICAL THERAPIST SHALL BE ON-SITE SUPERVISION, BUT NOT
 NECESSARILY DIRECT PERSONAL SUPERVISION. THE NUMBER OF  PHYSICAL  THERA-
 PIST  ASSISTANTS SUPERVISED BY ONE LICENSED PHYSICAL THERAPIST SHALL NOT
 EXCEED THE RATIO OF FOUR PHYSICAL THERAPIST ASSISTANTS TO  ONE  LICENSED
 PHYSICAL  THERAPIST  AS  SHALL BE DETERMINED BY THE COMMISSIONER'S REGU-
 LATIONS INSURING THAT THERE BE ADEQUATE SUPERVISION IN THE BEST INTEREST
 OF PUBLIC HEALTH AND SAFETY. NOTHING IN THIS SECTION  SHALL  PROHIBIT  A
 HOSPITAL  FROM  EMPLOYING  PHYSICAL  THERAPIST ASSISTANTS, PROVIDED THEY
 WORK UNDER THE SUPERVISION OF  PHYSICAL  THERAPISTS  DESIGNATED  BY  THE
 HOSPITAL  AND  NOT  BEYOND THE SCOPE OF PRACTICE OF A PHYSICAL THERAPIST
 ASSISTANT. THE NUMERICAL LIMITATION OF THIS SECTION SHALL NOT  APPLY  TO
 WORK  PERFORMED  IN  A  HOSPITAL, PROVIDED THAT THERE BE ADEQUATE SUPER-
 VISION IN THE BEST INTEREST OF PUBLIC HEALTH AND SAFETY.
 S. 4007--A                         322                        A. 3007--A
 
   2. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION ONE OF THIS  SECTION,
 SUPERVISION  OF  A  PHYSICAL  THERAPIST ASSISTANT BY A LICENSED PHYSICAL
 THERAPIST, A. IN A RESIDENTIAL HEALTH CARE FACILITY, AS DEFINED IN ARTI-
 CLE TWENTY-EIGHT OF THIS CHAPTER,  B.  IN  A  DIAGNOSTIC  AND  TREATMENT
 CENTER   LICENSED  UNDER  ARTICLE  TWENTY-EIGHT  OF  THIS  CHAPTER  THAT
 PROVIDES, AS ITS PRINCIPAL MISSION, SERVICES TO INDIVIDUALS WITH  DEVEL-
 OPMENTAL  DISABILITIES, C.  IN A FACILITY, AS DEFINED IN SECTION 1.03 OF
 THE MENTAL HYGIENE LAW, OR D. UNDER A MONITORED PROGRAM  OF  THE  OFFICE
 FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES AS DEFINED IN SUBDIVISION (A)
 OF  SECTION 13.15 OF THE MENTAL HYGIENE LAW, SHALL BE CONTINUOUS BUT NOT
 NECESSARILY ON SITE WHEN THE SUPERVISING PHYSICAL THERAPIST  HAS  DETER-
 MINED, THROUGH EVALUATION, THE SETTING OF GOALS AND THE ESTABLISHMENT OF
 A  TREATMENT  PLAN,  THAT  THE  PROGRAM IS ONE OF MAINTENANCE AS DEFINED
 PURSUANT TO  TITLE  XVIII  OF  THE  FEDERAL  SOCIAL  SECURITY  ACT.  THE
 PROVISIONS OF THIS SUBDIVISION SHALL NOT APPLY TO THE PROVISION OF PHYS-
 ICAL  THERAPY  SERVICES WHEN THE CONDITION REQUIRES MULTIPLE ADJUSTMENTS
 OF SEQUENCES AND PROCEDURES DUE TO RAPIDLY CHANGING PHYSIOLOGICAL STATUS
 AND/OR RESPONSE TO TREATMENT, OR TO CHILDREN UNDER FIVE YEARS OF AGE.
   3. FOR THE PURPOSES OF THE PROVISION OF PHYSICAL  THERAPIST  ASSISTANT
 SERVICES  IN  A HOME CARE SERVICES SETTING, AS SUCH SERVICES ARE DEFINED
 IN ARTICLE THIRTY-SIX  OF  THIS  CHAPTER,  EXCEPT  THAT  THE  HOME  CARE
 SERVICES  SETTING  SHALL  NOT  INCLUDE  EARLY  INTERVENTION  SERVICES AS
 DEFINED IN TITLE TWO-A OF ARTICLE TWENTY-FIVE OF THIS  CHAPTER,  WHETHER
 SUCH  SERVICES  ARE PROVIDED BY A HOME CARE SERVICES AGENCY OR UNDER THE
 SUPERVISION OF A PHYSICAL THERAPIST LICENSED  PURSUANT  TO  THIS  TITLE,
 CONTINUOUS  SUPERVISION  OF  A PHYSICAL THERAPIST ASSISTANT, WHO HAS HAD
 DIRECT CLINICAL EXPERIENCE FOR A PERIOD OF NOT LESS THAN TWO YEARS, BY A
 LICENSED PHYSICAL THERAPIST SHALL NOT  BE  CONSTRUED  AS  REQUIRING  THE
 PHYSICAL  PRESENCE  OF  SUCH LICENSED PHYSICAL THERAPIST AT THE TIME AND
 PLACE WHERE SUCH SERVICES ARE PERFORMED. FOR PURPOSES OF  THIS  SUBDIVI-
 SION  "CONTINUOUS  SUPERVISION"  SHALL  BE  DEEMED  TO INCLUDE: A.   THE
 LICENSED PHYSICAL THERAPIST'S SETTING OF GOALS, ESTABLISHING A  PLAN  OF
 CARE  AND  DETERMINING WHETHER THE PATIENT IS APPROPRIATE TO RECEIVE THE
 SERVICES OF A PHYSICAL THERAPIST ASSISTANT SUBJECT TO THE LICENSED PHYS-
 ICAL THERAPIST'S EVALUATION; B. AN INITIAL JOINT VISIT WITH THE  PATIENT
 BY  THE  SUPERVISING LICENSED PHYSICAL THERAPIST AND THE PHYSICAL THERA-
 PIST ASSISTANT; C.  PERIODIC TREATMENT AND EVALUATION OF THE PATIENT  BY
 THE SUPERVISING LICENSED PHYSICAL THERAPIST, AS INDICATED IN THE PLAN OF
 CARE  AND  AS  DETERMINED  IN  ACCORDANCE  WITH  PATIENT NEED, BUT IN NO
 INSTANCE SHALL THE INTERVAL BETWEEN  SUCH  TREATMENT  EXCEED  EVERY  SIX
 PATIENT  VISITS  OR  THIRTY DAYS, WHICHEVER OCCURS FIRST; AND D. A FINAL
 EVALUATION BY THE SUPERVISING LICENSED PHYSICAL THERAPIST  TO  DETERMINE
 IF  THE  PLAN OF CARE SHALL BE TERMINATED. FOR PURPOSES OF THIS SUBDIVI-
 SION, THE NUMBER OF PHYSICAL THERAPIST ASSISTANTS SUPERVISED IN THE HOME
 CARE SERVICES SETTING BY A LICENSED PHYSICAL THERAPIST SHALL NOT  EXCEED
 THE  RATIO OF TWO PHYSICAL THERAPIST ASSISTANTS TO ONE LICENSED PHYSICAL
 THERAPIST.
   4. A. FOR PURPOSES OF THE PROVISION OF  PHYSICAL  THERAPIST  ASSISTANT
 SERVICES  IN  PUBLIC PRIMARY OR PRIVATE PRIMARY OR SECONDARY SCHOOLS AND
 FOR PRESCHOOL CHILDREN, AS THAT TERM IS DEFINED IN PARAGRAPH I OF SUBDI-
 VISION ONE OF SECTION FORTY-FOUR HUNDRED TEN OF THE EDUCATION  LAW,  AND
 RECEIVING  SERVICES  THEREUNDER,  CONTINUOUS  SUPERVISION  OF A PHYSICAL
 THERAPIST ASSISTANT, WHO HAS DIRECT CLINICAL  EXPERIENCE  PROVIDING  AGE
 APPROPRIATE  PHYSICAL THERAPY SERVICES FOR A PERIOD OF NOT LESS THAN TWO
 YEARS, BY A LICENSED  PHYSICAL  THERAPIST  SHALL  NOT  BE  CONSTRUED  AS
 REQUIRING  THE  PHYSICAL PRESENCE OF SUCH LICENSED PHYSICAL THERAPIST AT
 S. 4007--A                         323                        A. 3007--A
 
 THE TIME AND PLACE WHERE SUCH SERVICES ARE PERFORMED.  FOR  PURPOSES  OF
 THIS SUBDIVISION "CONTINUOUS SUPERVISION" SHALL BE DEEMED TO INCLUDE:
   (I) THE LICENSED PHYSICAL THERAPIST'S SETTING OF THE GOALS, ESTABLISH-
 ING  A PLAN OF CARE, DETERMINING ON AN INITIAL AND ONGOING BASIS WHETHER
 THE PATIENT IS APPROPRIATE TO RECEIVE THE SERVICES OF A PHYSICAL  THERA-
 PIST  ASSISTANT,  DETERMINING  THE  FREQUENCY  OF  JOINT VISITS WITH THE
 PATIENT BY BOTH THE SUPERVISING  LICENSED  PHYSICAL  THERAPIST  AND  THE
 PHYSICAL  THERAPIST  ASSISTANT,  EXCEPT  THAT  IN  NO INSTANCE SHALL THE
 INTERVAL BETWEEN JOINT VISITS, BE MORE THAN EVERY NINETY CALENDAR  DAYS,
 SUBJECT TO THE LICENSED PHYSICAL THERAPIST'S EVALUATION;
   (II)  AN  INITIAL  JOINT  VISIT  WITH  THE  PATIENT BY THE SUPERVISING
 LICENSED PHYSICAL THERAPIST AND PHYSICAL THERAPIST ASSISTANT;
   (III) PERIODIC TREATMENT AND EVALUATION OF THE PATIENT BY  THE  SUPER-
 VISING  LICENSED PHYSICAL THERAPIST AS INDICATED IN THE PLAN OF CARE AND
 AS DETERMINED IN  ACCORDANCE  WITH  PATIENT  NEED,  EXCEPT  THAT  IN  NO
 INSTANCE  SHALL THE INTERVAL BETWEEN SUCH TREATMENT EXCEED EVERY TWELFTH
 VISIT OR THIRTY DAYS, WHICHEVER OCCURS FIRST; AND
   (IV) NOTIFICATION OF THE SUPERVISING LICENSED  PHYSICAL  THERAPIST  BY
 THE  PHYSICAL  THERAPIST ASSISTANT WHENEVER THERE IS A CHANGE IN STATUS,
 CONDITION OR PERFORMANCE OF THE PATIENT.
   B. THIS SUBDIVISION SHALL NOT APPLY TO THE PROVISION OF PHYSICAL THER-
 APY SERVICES WHEN A CHILD'S CONDITION REQUIRES MULTIPLE  ADJUSTMENTS  OF
 SEQUENCES  AND  PROCEDURES  DUE  TO  RAPIDLY CHANGING PHYSIOLOGIC STATUS
 AND/OR RESPONSE TO TREATMENT.
   § 6739. DUTIES OF PHYSICAL THERAPIST ASSISTANTS AND THE USE  OF  TITLE
 "PHYSICAL  THERAPIST  ASSISTANT".  ONLY  A PERSON CERTIFIED OR OTHERWISE
 AUTHORIZED UNDER THIS TITLE SHALL PARTICIPATE IN THE PRACTICE  OF  PHYS-
 ICAL  THERAPY AS A PHYSICAL THERAPIST ASSISTANT AND ONLY A PERSON CERTI-
 FIED UNDER THIS SECTION SHALL USE THE TITLE "PHYSICAL THERAPIST  ASSIST-
 ANT".
   § 6740. REQUIREMENTS FOR CERTIFICATION AS A PHYSICAL THERAPIST ASSIST-
 ANT. 1.  APPLICATION: FILE AN APPLICATION WITH THE DEPARTMENT;
   2.  EDUCATION:  HAVE  RECEIVED  AN EDUCATION INCLUDING COMPLETION OF A
 TWO-YEAR COLLEGE PROGRAM IN A PHYSICAL THERAPIST  ASSISTANT  PROGRAM  OR
 EQUIVALENT IN ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS;
   3.  EXPERIENCE:  HAVE  EXPERIENCE  SATISFACTORY TO THE STATE BOARD FOR
 PHYSICAL THERAPY 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 EIGHTEEN YEARS OF AGE;
   6.  CHARACTER: BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE DEPART-
 MENT;
   7. REGISTRATION: ALL CERTIFIED  PHYSICAL  THERAPIST  ASSISTANTS  SHALL
 REGISTER  TRIENNIALLY  WITH  THE DEPARTMENT IN ACCORDANCE WITH THE REGU-
 LATIONS OF THE COMMISSIONER; AND
   8. FEES: PAY A FEE FOR AN INITIAL CERTIFICATE OF  FORTY-FIVE  DOLLARS,
 AND  FOR  THE BIENNIAL REGISTRATION PERIOD ENDING DECEMBER THIRTY-FIRST,
 NINETEEN HUNDRED EIGHTY-TWO A FEE OF TWENTY DOLLARS AND A FEE  OF  FIFTY
 DOLLARS FOR EACH TRIENNIAL REGISTRATION PERIOD.
   §  6741.  EXEMPTION. 1. THIS TITLE SHALL NOT BE CONSTRUED TO AFFECT OR
 PREVENT A PHYSICAL THERAPIST ASSISTANT STUDENT FROM ENGAGING IN CLINICAL
 ASSISTING UNDER THE SUPERVISION OF A LICENSED PHYSICAL THERAPIST AS PART
 OF A PROGRAM CONDUCTED IN AN APPROVED  PROGRAM  FOR  PHYSICAL  THERAPIST
 ASSISTANTS  OR  IN  A CLINICAL FACILITY OR HEALTH CARE AGENCY AFFILIATED
 WITH THE PROGRAM FOR PHYSICAL THERAPIST ASSISTANTS.
 S. 4007--A                         324                        A. 3007--A
 
   2. SUPERVISION OF A PHYSICAL THERAPIST ASSISTANT STUDENT BY A LICENSED
 PHYSICAL THERAPIST SHALL BE  ON-SITE  SUPERVISION  AND  NOT  NECESSARILY
 DIRECT PERSONAL SUPERVISION.
   3.  NOTHING  IN  THIS  TITLE IS INTENDED TO AFFECT THE OVERALL MEDICAL
 DIRECTION BY A LICENSED PHYSICIAN OF A PHYSICAL THERAPIST ASSISTANT.
   § 6741-A. LIMITED PERMITS;  PHYSICAL  THERAPIST  ASSISTANT.    1.  THE
 DEPARTMENT  SHALL  ISSUE  A LIMITED PERMIT TO AN APPLICANT WHO MEETS ALL
 REQUIREMENTS FOR ADMISSION TO THE CERTIFICATION EXAMINATION.
   2. ALL PRACTICE UNDER A LIMITED PERMIT SHALL BE UNDER THE  SUPERVISION
 OF  A  LICENSED PHYSICAL THERAPIST IN A PUBLIC 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 PHYSICAL THERAPIST, OR  IN  THE  CIVIL
 SERVICE OF THE STATE OR POLITICAL SUBDIVISION THEREOF.
   3.  LIMITED PERMITS SHALL BE FOR SIX MONTHS AND THE DEPARTMENT MAY FOR
 JUSTIFIABLE CAUSE RENEW A LIMITED  PERMIT  PROVIDED  THAT  NO  APPLICANT
 SHALL  PRACTICE  UNDER  ANY  LIMITED PERMIT FOR MORE THAN A TOTAL OF ONE
 YEAR.
   4. SUPERVISION OF A PERMITTEE BY A LICENSED PHYSICAL  THERAPIST  SHALL
 BE ON-SITE SUPERVISION AND NOT NECESSARILY DIRECT PERSONAL SUPERVISION.
   5. THE FEE FOR EACH LIMITED PERMIT AND FOR EACH RENEWAL SHALL BE FIFTY
 DOLLARS.
   §  6742.  SPECIAL PROVISIONS. 1. ANY PERSON WHO IS EMPLOYED AS A PHYS-
 ICAL THERAPIST ASSISTANT IN A FACILITY SATISFACTORY TO THE  STATE  BOARD
 FOR  A  PERIOD OF NOT LESS THAN TWO YEARS PRIOR TO THE EFFECTIVE DATE OF
 THIS TITLE AND WHO DOES NOT QUALIFY FOR CERTIFICATION UNDER  SUBDIVISION
 TWO  OF SECTION SIXTY-SEVEN HUNDRED FORTY OF THIS TITLE MAY BE CERTIFIED
 AS A PHYSICAL THERAPIST ASSISTANT UPON SUCCESSFUL COMPLETION OF AN EXAM-
 INATION APPROVED BY THE STATE BOARD OF PHYSICAL  THERAPY  IN  ACCORDANCE
 WITH THE COMMISSIONER'S REGULATIONS.
   2.  APPLICATION  FOR  EXAMINATION  FOR  CERTIFICATION PURSUANT TO THIS
 SECTION MUST BE SUBMITTED NOT LATER THAN JANUARY FIRST, NINETEEN HUNDRED
 EIGHTY-FIVE.  THE DEPARTMENT SHALL PROVIDE A TOTAL OF THREE  SUCH  EXAM-
 INATIONS.  THE  THIRD  EXAMINATION  SHALL  BE GIVEN NOT LATER THAN APRIL
 FIRST, NINETEEN HUNDRED EIGHTY-FIVE. THE FEE FOR EXAMINATION OR  REEXAM-
 INATION  SHALL  BE  TWENTY-FIVE DOLLARS FOR EACH EXAMINATION. ANY PERSON
 WHO QUALIFIES FOR ADMISSION TO AN EXAMINATION PURSUANT TO  THIS  SECTION
 MAY  PRACTICE  AS A PHYSICAL THERAPIST ASSISTANT IN THE COURSE OF HIS OR
 HER EMPLOYMENT IN A FACILITY SATISFACTORY TO THE STATE BOARD UNTIL THIR-
 TY DAYS AFTER NOTIFICATION  OF  FAILURE  TO  QUALIFY  PURSUANT  TO  THIS
 SECTION.
   3.  ANY  PERSON WHO WAS EMPLOYED AS A PHYSICAL THERAPIST ASSISTANT FOR
 AT LEAST TWO YEARS PRIOR TO APRIL FIRST,  NINETEEN  HUNDRED  EIGHTY-ONE,
 AND WHO HAD ATTAINED PERMANENT CIVIL SERVICE STATUS AS A PHYSICAL THERA-
 PIST ASSISTANT PRIOR TO THAT DATE, SHALL BE ISSUED WRITTEN AUTHORIZATION
 FROM  THE  DEPARTMENT TO CONTINUE WORKING IN THAT CAPACITY WITHOUT EXAM-
 INATION. THIS AUTHORIZATION SHALL REMAIN  IN  EFFECT  UNTIL  THE  PERSON
 LEAVES THE POSITION IN WHICH THE CIVIL SERVICE STATUS HAD BEEN GRANTED.
   § 6742-A. MANDATORY CONTINUING EDUCATION. 1. A. EACH LICENSED PHYSICAL
 THERAPIST AND CERTIFIED PHYSICAL THERAPIST ASSISTANT REQUIRED UNDER THIS
 TITLE  TO  REGISTER  TRIENNIALLY  WITH THE DEPARTMENT TO PRACTICE IN THE
 STATE SHALL COMPLY WITH  THE  PROVISIONS  OF  THE  MANDATORY  CONTINUING
 EDUCATION  REQUIREMENTS  PRESCRIBED  IN  SUBDIVISION TWO OF THIS SECTION
 EXCEPT AS SET FORTH IN PARAGRAPHS B AND C OF THIS SUBDIVISION.  LICENSED
 PHYSICAL THERAPIST AND CERTIFIED PHYSICAL THERAPIST  ASSISTANTS  WHO  DO
 NOT  SATISFY  THE  MANDATORY CONTINUING EDUCATION REQUIREMENTS SHALL NOT
 S. 4007--A                         325                        A. 3007--A
 
 PRACTICE UNTIL THEY HAVE MET  SUCH  REQUIREMENTS,  AND  THEY  HAVE  BEEN
 ISSUED A REGISTRATION CERTIFICATE, EXCEPT THAT A LICENSED PHYSICAL THER-
 APIST  OR  CERTIFIED  PHYSICAL  THERAPIST ASSISTANT MAY PRACTICE WITHOUT
 HAVING MET SUCH REQUIREMENTS IF HE OR SHE IS ISSUED A CONDITIONAL REGIS-
 TRATION CERTIFICATE PURSUANT TO SUBDIVISION THREE OF THIS SECTION.
   B.  EACH  LICENSED PHYSICAL THERAPIST AND CERTIFIED PHYSICAL THERAPIST
 ASSISTANT SHALL  BE  EXEMPT  FROM  THE  MANDATORY  CONTINUING  EDUCATION
 REQUIREMENT  FOR THE TRIENNIAL REGISTRATION PERIOD DURING WHICH THEY ARE
 FIRST LICENSED. IN ACCORDANCE WITH THE INTENT OF THIS  SECTION,  ADJUST-
 MENT TO THE MANDATORY CONTINUING EDUCATION REQUIREMENT MAY BE GRANTED BY
 THE  DEPARTMENT FOR REASONS OF HEALTH CERTIFIED BY AN APPROPRIATE HEALTH
 CARE PROFESSIONAL, FOR EXTENDED ACTIVE DUTY WITH THE ARMED FORCES OF THE
 UNITED STATES, OR FOR OTHER GOOD  CAUSE  ACCEPTABLE  TO  THE  DEPARTMENT
 WHICH MAY PREVENT COMPLIANCE.
   C.  A  LICENSED  PHYSICAL  THERAPIST  AND CERTIFIED PHYSICAL THERAPIST
 ASSISTANT NOT ENGAGED IN PRACTICE,  AS  DETERMINED  BY  THE  DEPARTMENT,
 SHALL BE EXEMPT FROM THE MANDATORY CONTINUING EDUCATION REQUIREMENT UPON
 THE FILING OF A STATEMENT WITH THE DEPARTMENT DECLARING SUCH STATUS. ANY
 LICENSEE  WHO  RETURNS  TO  THE  PRACTICE OF PHYSICAL THERAPY DURING THE
 TRIENNIAL REGISTRATION PERIOD SHALL NOTIFY THE DEPARTMENT PRIOR TO REEN-
 TERING THE PROFESSION AND SHALL MEET SUCH MANDATORY  EDUCATION  REQUIRE-
 MENTS AS SHALL BE PRESCRIBED BY REGULATIONS OF THE COMMISSIONER.
   2.  DURING  EACH TRIENNIAL REGISTRATION PERIOD AN APPLICANT FOR REGIS-
 TRATION AS A LICENSED PHYSICAL THERAPIST OR CERTIFIED PHYSICAL THERAPIST
 ASSISTANT SHALL COMPLETE A MINIMUM OF  THIRTY-SIX  HOURS  OF  ACCEPTABLE
 FORMAL  CONTINUING  EDUCATION,  AS SPECIFIED IN SUBDIVISION FOUR OF THIS
 SECTION. ANY LICENSED PHYSICAL THERAPIST OR CERTIFIED PHYSICAL THERAPIST
 ASSISTANT WHOSE FIRST REGISTRATION DATE FOLLOWING THE EFFECTIVE DATE  OF
 THIS  SECTION OCCURS LESS THAN THREE YEARS FROM SUCH EFFECTIVE DATE, BUT
 ON OR AFTER JANUARY FIRST, TWO THOUSAND TEN, SHALL  COMPLETE  CONTINUING
 EDUCATION  HOURS  ON  A  PRORATED BASIS AT THE RATE OF ONE-HALF HOUR PER
 MONTH FOR THE PERIOD BEGINNING JANUARY FIRST, TWO THOUSAND TEN UP TO 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 FOR IN SUBDIVISION THREE OF THIS SECTION.  CONTINUING EDUCATION
 HOURS TAKEN DURING ONE TRIENNIUM MAY NOT BE 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 COMPLETE 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
 SUBMIT EVIDENCE, SATISFACTORY TO THE DEPARTMENT, OF REQUIRED  CONTINUING
 EDUCATION  AND WHO PRACTICES WITHOUT SUCH REGISTRATION MAY BE SUBJECT TO
 DISCIPLINARY PROCEEDINGS PURSUANT TO SECTION SIXTY-FIVE HUNDRED  TEN  OF
 THIS ARTICLE.
   4.  AS  USED  IN  SUBDIVISION  TWO OF THIS SECTION, "ACCEPTABLE FORMAL
 EDUCATION" SHALL MEAN FORMAL COURSES OF  LEARNING  WHICH  CONTRIBUTE  TO
 PROFESSIONAL  PRACTICE  IN PHYSICAL THERAPY AND WHICH MEET THE STANDARDS
 PRESCRIBED BY REGULATIONS OF THE COMMISSIONER. SUCH  FORMAL  COURSES  OF
 S. 4007--A                         326                        A. 3007--A
 
 LEARNING  SHALL  INCLUDE, BUT NOT BE LIMITED TO, COLLEGIATE LEVEL CREDIT
 AND NON-CREDIT COURSES, PROFESSIONAL DEVELOPMENT PROGRAMS AND  TECHNICAL
 SESSIONS  OFFERED BY NATIONAL, STATE AND LOCAL PROFESSIONAL ASSOCIATIONS
 AND  OTHER  ORGANIZATIONS  ACCEPTABLE  TO  THE DEPARTMENT, AND ANY OTHER
 ORGANIZED EDUCATIONAL AND TECHNICAL PROGRAMS ACCEPTABLE TO  THE  DEPART-
 MENT.  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 COURSES IN SPECIFIC SUBJECTS TO FULFILL THIS MANDA-
 TORY  CONTINUING  EDUCATION  REQUIREMENT.  COURSES  MUST BE TAKEN FROM A
 SPONSOR APPROVED BY THE DEPARTMENT, PURSUANT TO THE REGULATIONS  OF  THE
 COMMISSIONER.
   5. LICENSED PHYSICAL THERAPIST OR CERTIFIED PHYSICAL THERAPIST ASSIST-
 ANT  SHALL  MAINTAIN  ADEQUATE DOCUMENTATION OF COMPLETION OF ACCEPTABLE
 FORMAL CONTINUING EDUCATION AND SHALL PROVIDE SUCH DOCUMENTATION AT  THE
 REQUEST  OF  THE  DEPARTMENT. FAILURE TO PROVIDE SUCH DOCUMENTATION UPON
 THE REQUEST OF THE DEPARTMENT SHALL BE AN ACT OF MISCONDUCT  SUBJECT  TO
 DISCIPLINARY  PROCEEDINGS  PURSUANT TO SECTION SIXTY-FIVE HUNDRED TEN OF
 THIS ARTICLE.
   6. THE MANDATORY CONTINUING EDUCATION FEE SHALL BE FORTY-FIVE DOLLARS,
 SHALL BE PAYABLE ON OR BEFORE THE FIRST DAY OF EACH TRIENNIAL  REGISTRA-
 TION PERIOD, AND SHALL BE PAID IN ADDITION TO THE TRIENNIAL REGISTRATION
 FEE REQUIRED BY SECTION SIXTY-SEVEN HUNDRED THIRTY-FOUR OF THIS TITLE.
   §  6743.  VALIDITY  OF  EXISTING  LICENSES.  THIS  TITLE  SHALL NOT BE
 CONSTRUED TO AFFECT THE VALIDITY OF EXISTING LICENSES AND PERMITS OR THE
 CONTINUATION OF ANY  ADMINISTRATIVE  ACTIONS  OR  PROCEEDINGS  COMMENCED
 PRIOR TO THE EFFECTIVE DATE OF THIS TITLE.
 
                                 TITLE 10
                                 PHARMACY
 
 SECTION 6800.   INTRODUCTION.
         6801.   DEFINITION OF PRACTICE OF PHARMACY.
         6801-A. COLLABORATIVE   DRUG  THERAPY  MANAGEMENT  DEMONSTRATION
                   PROGRAM.
         6802.   DEFINITIONS.
         6803.   PRACTICE OF PHARMACY AND USE OF TITLE "PHARMACIST".
         6804.   STATE BOARD OF PHARMACY.
         6805.   REQUIREMENTS FOR A PROFESSIONAL LICENSE.
         6806.   LIMITED PERMITS.
         6807.   EXEMPT PERSONS; SPECIAL PROVISIONS.
         6808.   REGISTERING AND OPERATING ESTABLISHMENTS.
         6809.   IDENTIFICATION OF PHARMACISTS.
         6809-A. REGISTRATION OF NONRESIDENT ESTABLISHMENTS.
         6810.   PRESCRIPTIONS.
         6811.   MISDEMEANORS.
         6812.   SPECIAL PROVISIONS.
         6813.   SEIZURE.
         6814.   RECORDS OF SHIPMENT.
         6815.   ADULTERATING, MISBRANDING AND SUBSTITUTING.
         6816.   OMITTING TO LABEL DRUGS, OR LABELING THEM WRONGLY.
         6816-A. WHEN SUBSTITUTION IS REQUIRED.
         6819.   REGULATIONS MAKING EXCEPTIONS.
         6820.   CERTIFICATION OF COAL-TAR COLORS FOR DRUGS  AND  COSMET-
                   ICS.
         6821.   POISON SCHEDULES; REGISTER.
         6822.   EXAMINATIONS AND INVESTIGATIONS.
 S. 4007--A                         327                        A. 3007--A
 
         6823.   FACTORY INSPECTION.
         6824.   INJUNCTION PROCEEDINGS.
         6825.   PROOF REQUIRED IN PROSECUTION FOR CERTAIN VIOLATIONS.
         6826.   DRUG RETAIL PRICE LISTS.
         6826-A. REDUCING CERTAIN COPAYMENTS.
         6827.   MANDATORY CONTINUING EDUCATION.
         6828.   CERTIFICATES OF ADMINISTRATION.
         6829.   INTERPRETATION    AND   TRANSLATION   REQUIREMENTS   FOR
                   PRESCRIPTION DRUGS AND STANDARDIZED MEDICATION  LABEL-
                   ING.
         6830.   STANDARDIZED PATIENT-CENTERED DATA ELEMENTS.
         6831.   SPECIAL PROVISIONS RELATING TO OUTSOURCING FACILITIES.
         6832.   LIMITATIONS ON ASSISTANCE OF AN UNLICENSED PERSON.
   §  6800. INTRODUCTION. THIS TITLE APPLIES TO THE PROFESSION OF PHARMA-
 CY. THE GENERAL PROVISIONS FOR ALL PROFESSIONS CONTAINED IN TITLE ONE OF
 THIS ARTICLE APPLY TO THIS TITLE.
   § 6801. DEFINITION OF PRACTICE OF PHARMACY. 1.  THE  PRACTICE  OF  THE
 PROFESSION  OF  PHARMACY  IS  DEFINED  AS  THE ADMINISTERING, PREPARING,
 COMPOUNDING, PRESERVING, OR THE DISPENSING OF DRUGS, MEDICINES AND THER-
 APEUTIC DEVICES ON THE BASIS OF PRESCRIPTIONS OR OTHER LEGAL  AUTHORITY,
 AND  COLLABORATIVE  DRUG  THERAPY  MANAGEMENT  IN  ACCORDANCE  WITH  THE
 PROVISIONS OF SECTION SIXTY-EIGHT HUNDRED ONE-A OF THIS TITLE.
   2. A LICENSED PHARMACIST MAY EXECUTE A  NON-PATIENT  SPECIFIC  REGIMEN
 PRESCRIBED  OR  ORDERED  BY  A PHYSICIAN LICENSED IN THIS STATE OR NURSE
 PRACTITIONER CERTIFIED IN THIS STATE, PURSUANT TO RULES AND  REGULATIONS
 PROMULGATED BY THE COMMISSIONER.  WHEN A LICENSED PHARMACIST ADMINISTERS
 AN IMMUNIZING AGENT, HE OR SHE SHALL:
   A.  REPORT SUCH ADMINISTRATION BY ELECTRONIC TRANSMISSION OR FACSIMILE
 TO THE PATIENT'S ATTENDING PRIMARY HEALTH CARE PRACTITIONER  OR  PRACTI-
 TIONERS, IF ANY, AND, TO THE EXTENT PRACTICABLE, MAKE HIMSELF OR HERSELF
 AVAILABLE  TO  DISCUSS  THE  OUTCOME OF SUCH IMMUNIZATION, INCLUDING ANY
 ADVERSE REACTIONS, WITH THE ATTENDING PRIMARY HEALTH CARE  PRACTITIONER,
 AND  TO THE STATEWIDE IMMUNIZATION REGISTRY OR THE CITYWIDE IMMUNIZATION
 REGISTRY, AS ESTABLISHED PURSUANT TO AND  TO  THE  EXTENT  PERMITTED  BY
 SECTION TWENTY-ONE HUNDRED SIXTY-EIGHT OF THIS CHAPTER; AND
   B. PROVIDE INFORMATION TO THE PATIENT OR, WHERE APPLICABLE, THE PERSON
 LEGALLY  RESPONSIBLE  FOR  THE  PATIENT,  ON  THE IMPORTANCE OF HAVING A
 PRIMARY HEALTH CARE PRACTITIONER, DEVELOPED BY THE COMMISSIONER; AND
   C. REPORT SUCH ADMINISTRATION, ABSENT OF ANY INDIVIDUALLY IDENTIFIABLE
 HEALTH INFORMATION, TO THE  DEPARTMENT  IN  A  MANNER  REQUIRED  BY  THE
 COMMISSIONER; AND
   D.  PRIOR  TO  ADMINISTERING  THE IMMUNIZATION, INFORM THE PATIENT OR,
 WHERE APPLICABLE, THE PERSON LEGALLY RESPONSIBLE FOR THE PATIENT, OF THE
 TOTAL COST OF THE IMMUNIZATION OR IMMUNIZATIONS, SUBTRACTING ANY  HEALTH
 INSURANCE  SUBSIDIZATION, IF APPLICABLE. IN THE CASE THE IMMUNIZATION IS
 NOT COVERED, THE PHARMACIST MUST INFORM THE PATIENT OR,  WHERE  APPLICA-
 BLE,  THE PERSON LEGALLY RESPONSIBLE FOR THE PATIENT, OF THE POSSIBILITY
 THAT THE IMMUNIZATION MAY BE COVERED WHEN ADMINISTERED BY A PRIMARY CARE
 PHYSICIAN OR PRACTITIONER; AND
   E. ADMINISTER THE IMMUNIZATION OR IMMUNIZATIONS ACCORDING TO THE  MOST
 CURRENT RECOMMENDATIONS BY THE ADVISORY COMMITTEE FOR IMMUNIZATION PRAC-
 TICES  (ACIP),  PROVIDED  HOWEVER,  THAT A PHARMACIST MAY ADMINISTER ANY
 IMMUNIZATION AUTHORIZED UNDER THIS SECTION WHEN SPECIFIED BY  A  PATIENT
 SPECIFIC ORDER.
   3.  NO PHARMACIST SHALL ADMINISTER IMMUNIZING AGENTS WITHOUT RECEIVING
 TRAINING SATISFACTORY TO THE COMMISSIONER WHICH SHALL INCLUDE,  BUT  NOT
 S. 4007--A                         328                        A. 3007--A
 
 BE  LIMITED  TO,  TECHNIQUES  FOR  SCREENING  INDIVIDUALS  AND OBTAINING
 INFORMED CONSENT; TECHNIQUES OF ADMINISTRATION; INDICATIONS, PRECAUTIONS
 AND CONTRAINDICATIONS IN THE USE OF AGENT OR AGENTS; RECORD  KEEPING  OF
 IMMUNIZATION   AND  INFORMATION;  AND  HANDLING  EMERGENCIES,  INCLUDING
 ANAPHYLAXIS AND NEEDLESTICKS.
   4. WHEN ADMINISTERING AN IMMUNIZATION  IN  A  PHARMACY,  THE  LICENSED
 PHARMACIST  SHALL PROVIDE AN AREA FOR THE IMMUNIZATION THAT PROVIDES FOR
 A PATIENT'S PRIVACY. THE PRIVACY AREA SHOULD INCLUDE:
   A. A CLEARLY VISIBLE POSTING OF THE MOST  CURRENT  "RECOMMENDED  ADULT
 IMMUNIZATION SCHEDULE" PUBLISHED BY THE ADVISORY COMMITTEE FOR IMMUNIZA-
 TION PRACTICES (ACIP); AND
   B.  EDUCATION  MATERIALS  ON  INFLUENZA  VACCINATIONS  FOR CHILDREN AS
 DETERMINED BY THE COMMISSIONER.
   5. A LICENSED PHARMACIST MAY EXECUTE A NON-PATIENT SPECIFIC ORDER, FOR
 DISPENSING UP TO A SEVEN-DAY STARTER PACK OF HIV  POST-EXPOSURE  PROPHY-
 LAXIS  MEDICATIONS  FOR THE PURPOSE OF PREVENTING HUMAN IMMUNODEFICIENCY
 VIRUS INFECTION, BY A PHYSICIAN LICENSED IN THIS STATE OR NURSE  PRACTI-
 TIONER  CERTIFIED  IN  THIS  STATE,  PURSUANT  TO  RULES AND REGULATIONS
 PROMULGATED BY THE COMMISSIONER FOLLOWING A POTENTIAL HUMAN  IMMUNODEFI-
 CIENCY VIRUS EXPOSURE.
   6. A LICENSED PHARMACIST MAY EXECUTE A NON-PATIENT-SPECIFIC REGIMEN OF
 INSULIN   AND  RELATED  SUPPLIES  TO  AN  INDIVIDUAL  WHO  HAS  A  VALID
 PRESCRIPTION FOR INSULIN AND RELATED SUPPLIES WHICH  HAS  SINCE  EXPIRED
 WITHIN  THE  LAST  TWELVE  MONTHS. THE VALID PRESCRIPTION MUST HAVE BEEN
 PRESCRIBED OR ORDERED BY A PHYSICIAN LICENSED IN  THIS  STATE  OR  NURSE
 PRACTITIONER CERTIFIED IN THIS STATE. EXECUTION OF A NON-PATIENT-SPECIF-
 IC REGIMEN SHALL BE ON AN EMERGENCY BASIS PROVIDED THE PHARMACIST:
   A.  FIRST  ATTEMPTS  TO OBTAIN AN AUTHORIZATION FROM THE PRESCRIBER OF
 THE PATIENT-SPECIFIC PRESCRIPTION AND CANNOT OBTAIN  THE  AUTHORIZATION,
 AND  THE  PRESCRIBER  DOES NOT OBJECT TO DISPENSING TO THE PATIENT UNDER
 THE NON-PATIENT-SPECIFIC REGIMEN;
   B. PROVIDES A REFILL OF  THE  PATIENT-SPECIFIC  PRESCRIPTION  AND  THE
 QUANTITY  OF  THAT  REFILL  IS IN CONFORMITY WITH THE DIRECTIONS FOR USE
 UNDER THE PATIENT-SPECIFIC PRESCRIPTION, BUT LIMITED TO AN AMOUNT NOT TO
 EXCEED A THIRTY-DAY EMERGENCY SUPPLY; AND
   C. NOTIFIES, WITHIN SEVENTY-TWO HOURS  OF  DISPENSING  THE  REFILL  OR
 REFILLS,  THE  PRESCRIBER  OF  THE  PATIENT-SPECIFIC  PRESCRIPTION WHOSE
 AUTHORIZATION COULD NOT BE OBTAINED, THAT AN EMERGENCY  PRESCRIPTION  OF
 INSULIN HAS BEEN DISPENSED.
   § 6801-A. COLLABORATIVE DRUG THERAPY MANAGEMENT DEMONSTRATION PROGRAM.
 1. AS USED IN THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING
 MEANINGS:
   A.  "BOARD"  SHALL  MEAN THE STATE BOARD OF PHARMACY AS ESTABLISHED BY
 SECTION SIXTY-EIGHT HUNDRED FOUR OF THIS TITLE.
   B. "CLINICAL SERVICES" SHALL MEAN THE COLLECTION AND INTERPRETATION OF
 PATIENT DATA FOR THE PURPOSE OF  INITIATING,  MODIFYING  AND  MONITORING
 DRUG  THERAPY  WITH  ASSOCIATED  ACCOUNTABILITY  AND  RESPONSIBILITY FOR
 OUTCOMES IN A DIRECT PATIENT CARE SETTING.
   C. "COLLABORATIVE DRUG THERAPY MANAGEMENT" SHALL MEAN THE  PERFORMANCE
 OF  CLINICAL SERVICES BY A PHARMACIST RELATING TO THE REVIEW, EVALUATION
 AND MANAGEMENT OF DRUG THERAPY TO A PATIENT, WHO IS BEING TREATED  BY  A
 PHYSICIAN  FOR  A  SPECIFIC  DISEASE  OR  ASSOCIATED  DISEASE STATES, IN
 ACCORDANCE WITH A WRITTEN  AGREEMENT  OR  PROTOCOL  WITH  A  VOLUNTARILY
 PARTICIPATING PHYSICIAN AND IN ACCORDANCE WITH THE POLICIES, PROCEDURES,
 AND  PROTOCOLS  OF  THE  FACILITY. SUCH AGREEMENT OR PROTOCOL AS ENTERED
 S. 4007--A                         329                        A. 3007--A
 
 INTO BY THE PHYSICIAN AND A PHARMACIST, MAY INCLUDE, AND SHALL BE LIMIT-
 ED TO:
   (I)  ADJUSTING  OR MANAGING A DRUG REGIMEN OF A PATIENT, PURSUANT TO A
 PATIENT SPECIFIC ORDER OR PROTOCOL  MADE  BY  THE  PATIENT'S  PHYSICIAN,
 WHICH  MAY  INCLUDE ADJUSTING DRUG STRENGTH, FREQUENCY OF ADMINISTRATION
 OR ROUTE OF ADMINISTRATION.    ADJUSTING  THE  DRUG  REGIMEN  SHALL  NOT
 INCLUDE  SUBSTITUTING  OR  SELECTING A DIFFERENT DRUG WHICH DIFFERS FROM
 THAT INITIALLY PRESCRIBED BY THE PATIENT'S PHYSICIAN UNLESS SUCH SUBSTI-
 TUTION IS EXPRESSLY AUTHORIZED IN THE WRITTEN  ORDER  OR  PROTOCOL.  THE
 PHARMACIST  SHALL  BE  REQUIRED  TO  IMMEDIATELY DOCUMENT IN THE PATIENT
 RECORD CHANGES MADE TO THE PATIENT'S DRUG  THERAPY  AND  SHALL  USE  ANY
 REASONABLE  MEANS  OR  METHOD  ESTABLISHED BY THE FACILITY TO NOTIFY THE
 PATIENT'S OTHER TREATING PHYSICIANS WITH WHOM HE OR SHE DOES NOT HAVE  A
 WRITTEN  AGREEMENT  OR  PROTOCOL  REGARDING  SUCH CHANGES. THE PATIENT'S
 PHYSICIAN MAY PROHIBIT, BY WRITTEN INSTRUCTION, ANY ADJUSTMENT OR CHANGE
 IN THE PATIENT'S DRUG REGIMEN BY THE PHARMACIST;
   (II) EVALUATING AND, ONLY IF SPECIFICALLY AUTHORIZED BY  THE  PROTOCOL
 AND  ONLY  TO THE EXTENT NECESSARY TO DISCHARGE THE RESPONSIBILITIES SET
 FORTH IN THIS SECTION, ORDERING DISEASE STATE LABORATORY  TESTS  RELATED
 TO THE DRUG THERAPY MANAGEMENT FOR THE SPECIFIC DISEASE OR DISEASE STATE
 SPECIFIED WITHIN THE WRITTEN AGREEMENT OR PROTOCOL; AND
   (III)  ONLY  IF  SPECIFICALLY  AUTHORIZED  BY THE WRITTEN AGREEMENT OR
 PROTOCOL AND ONLY TO THE EXTENT NECESSARY TO DISCHARGE THE  RESPONSIBIL-
 ITIES  SET FORTH IN THIS SECTION, ORDERING OR PERFORMING ROUTINE PATIENT
 MONITORING FUNCTIONS AS MAY BE NECESSARY IN THE DRUG THERAPY MANAGEMENT,
 INCLUDING THE COLLECTING AND REVIEWING OF PATIENT HISTORIES, AND  ORDER-
 ING OR CHECKING PATIENT VITAL SIGNS, INCLUDING PULSE, TEMPERATURE, BLOOD
 PRESSURE AND RESPIRATION.
   D. "FACILITY" SHALL MEAN: (I) A TEACHING HOSPITAL OR GENERAL HOSPITAL,
 INCLUDING  ANY  DIAGNOSTIC  CENTER,  TREATMENT CENTER, OR HOSPITAL-BASED
 OUTPATIENT DEPARTMENT AS DEFINED IN SECTION TWENTY-EIGHT HUNDRED ONE  OF
 THIS CHAPTER; OR (II) A NURSING HOME WITH AN ON-SITE PHARMACY STAFFED BY
 A  LICENSED  PHARMACIST;  PROVIDED,  HOWEVER,  FOR  THE PURPOSES OF THIS
 SECTION THE TERM "FACILITY" SHALL NOT  INCLUDE  DENTAL  CLINICS,  DENTAL
 DISPENSARIES,  RESIDENTIAL  HEALTH  CARE  FACILITIES  AND REHABILITATION
 CENTERS. FOR THE PURPOSES OF THIS SECTION, A "TEACHING  HOSPITAL"  SHALL
 MEAN  A HOSPITAL LICENSED PURSUANT TO ARTICLE TWENTY-EIGHT OF THIS CHAP-
 TER THAT IS ELIGIBLE TO RECEIVE  DIRECT  OR  INDIRECT  GRADUATE  MEDICAL
 EDUCATION PAYMENTS PURSUANT TO ARTICLE TWENTY-EIGHT OF THIS CHAPTER.
   E.  "PHYSICIAN"  SHALL MEAN THE PHYSICIAN SELECTED BY OR ASSIGNED TO A
 PATIENT, WHO HAS PRIMARY RESPONSIBILITY FOR THE TREATMENT  AND  CARE  OF
 THE  PATIENT  FOR THE DISEASE AND ASSOCIATED DISEASE STATES THAT ARE THE
 SUBJECT OF THE COLLABORATIVE DRUG THERAPY MANAGEMENT.
   F. "WRITTEN AGREEMENT OR PROTOCOL"  SHALL  MEAN  A  WRITTEN  DOCUMENT,
 PURSUANT TO AND CONSISTENT WITH ANY APPLICABLE STATE OR FEDERAL REQUIRE-
 MENTS,  THAT  ADDRESSES  A SPECIFIC DISEASE OR ASSOCIATED DISEASE STATES
 AND THAT DESCRIBES THE NATURE AND SCOPE OF  COLLABORATIVE  DRUG  THERAPY
 MANAGEMENT  TO  BE  UNDERTAKEN BY THE PHARMACISTS, IN COLLABORATION WITH
 THE PARTICIPATING PHYSICIAN IN ACCORDANCE WITH THE  PROVISIONS  OF  THIS
 SECTION.
   2.  A. A PHARMACIST WHO MEETS THE EXPERIENCE REQUIREMENTS OF PARAGRAPH
 B OF THIS SUBDIVISION AND WHO IS EMPLOYED  BY  OR  OTHERWISE  AFFILIATED
 WITH  A FACILITY SHALL BE PERMITTED TO ENTER INTO A WRITTEN AGREEMENT OR
 PROTOCOL WITH A PHYSICIAN AUTHORIZING COLLABORATIVE DRUG THERAPY MANAGE-
 MENT, SUBJECT TO THE LIMITATIONS SET FORTH IN THIS SECTION,  WITHIN  THE
 SCOPE OF SUCH EMPLOYMENT OR AFFILIATION.
 S. 4007--A                         330                        A. 3007--A

   B. A PARTICIPATING PHARMACIST MUST:
   (I) (A) HAVE BEEN AWARDED EITHER A MASTER OF SCIENCE IN CLINICAL PHAR-
 MACY OR A DOCTOR OF PHARMACY DEGREE;
   (B) MAINTAIN A CURRENT UNRESTRICTED LICENSE; AND
   (C) HAVE A MINIMUM OF TWO YEARS EXPERIENCE, OF WHICH AT LEAST ONE YEAR
 OF SUCH EXPERIENCE SHALL INCLUDE CLINICAL EXPERIENCE IN A HEALTH FACILI-
 TY,  WHICH  INVOLVES  CONSULTATION  WITH PHYSICIANS WITH RESPECT TO DRUG
 THERAPY AND MAY INCLUDE A RESIDENCY AT A FACILITY INVOLVING SUCH CONSUL-
 TATION; OR
   (II) (A) HAVE BEEN AWARDED A BACHELOR OF SCIENCE IN PHARMACY;
   (B) MAINTAIN A CURRENT UNRESTRICTED LICENSE; AND
   (C) WITHIN THE LAST SEVEN YEARS, HAVE A MINIMUM OF THREE YEARS EXPERI-
 ENCE, OF WHICH AT LEAST ONE YEAR OF SUCH EXPERIENCE SHALL INCLUDE  CLIN-
 ICAL  EXPERIENCE  IN A HEALTH FACILITY, WHICH INVOLVES CONSULTATION WITH
 PHYSICIANS WITH RESPECT TO DRUG THERAPY AND MAY INCLUDE A RESIDENCY AT A
 FACILITY INVOLVING SUCH CONSULTATION; AND
   (III) MEET ANY ADDITIONAL EDUCATION, EXPERIENCE, OR OTHER REQUIREMENTS
 SET FORTH BY THE DEPARTMENT IN CONSULTATION WITH THE BOARD.
   C. NOTWITHSTANDING ANY PROVISION OF LAW, NOTHING IN THIS SECTION SHALL
 PROHIBIT A LICENSED PHARMACIST FROM ENGAGING IN CLINICAL SERVICES  ASSO-
 CIATED  WITH  COLLABORATIVE  DRUG  THERAPY  MANAGEMENT, IN ORDER TO GAIN
 EXPERIENCE NECESSARY TO QUALIFY UNDER CLAUSE (C) OF SUBPARAGRAPH (I)  OR
 (II)  OF PARAGRAPH B OF THIS SUBDIVISION, PROVIDED THAT SUCH PRACTICE IS
 UNDER THE SUPERVISION OF A PHARMACIST THAT CURRENTLY  MEETS  THE  REFER-
 ENCED  REQUIREMENT, AND THAT SUCH PRACTICE IS AUTHORIZED UNDER THE WRIT-
 TEN AGREEMENT OR PROTOCOL WITH THE PHYSICIAN.
   D. NOTWITHSTANDING ANY PROVISION OF THIS SECTION, NOTHING HEREIN SHALL
 AUTHORIZE THE PHARMACIST TO DIAGNOSE DISEASE. IN THE EVENT THAT A TREAT-
 ING PHYSICIAN MAY DISAGREE WITH THE EXERCISE OF PROFESSIONAL JUDGMENT BY
 A PHARMACIST, THE JUDGMENT OF THE TREATING PHYSICIAN SHALL PREVAIL.
   3. THE PHYSICIAN WHO IS A PARTY TO A  WRITTEN  AGREEMENT  OR  PROTOCOL
 AUTHORIZING  COLLABORATIVE  DRUG THERAPY MANAGEMENT SHALL BE EMPLOYED BY
 OR OTHERWISE AFFILIATED WITH THE SAME FACILITY WITH WHICH THE PHARMACIST
 IS ALSO EMPLOYED OR AFFILIATED.
   4. THE EXISTENCE OF A WRITTEN AGREEMENT OR PROTOCOL  ON  COLLABORATIVE
 DRUG THERAPY MANAGEMENT AND THE PATIENT'S RIGHT TO CHOOSE TO NOT PARTIC-
 IPATE IN COLLABORATIVE DRUG THERAPY MANAGEMENT SHALL BE DISCLOSED TO ANY
 PATIENT  WHO  IS  ELIGIBLE TO RECEIVE COLLABORATIVE DRUG THERAPY MANAGE-
 MENT. COLLABORATIVE DRUG THERAPY MANAGEMENT SHALL NOT BE UTILIZED UNLESS
 THE PATIENT OR THE  PATIENT'S  AUTHORIZED  REPRESENTATIVE  CONSENTS,  IN
 WRITING,  TO SUCH MANAGEMENT. IF THE PATIENT OR THE PATIENT'S AUTHORIZED
 REPRESENTATIVE CONSENTS, IT SHALL BE  NOTED  ON  THE  PATIENT'S  MEDICAL
 RECORD.  IF  THE  PATIENT OR THE PATIENT'S AUTHORIZED REPRESENTATIVE WHO
 CONSENTED TO COLLABORATIVE DRUG THERAPY MANAGEMENT CHOOSES TO NO  LONGER
 PARTICIPATE  IN  SUCH  MANAGEMENT, AT ANY TIME, IT SHALL BE NOTED ON THE
 PATIENT'S MEDICAL RECORD. IN ADDITION,  THE  EXISTENCE  OF  THE  WRITTEN
 AGREEMENT OR PROTOCOL AND THE PATIENT'S CONSENT TO SUCH MANAGEMENT SHALL
 BE  DISCLOSED  TO THE PATIENT'S PRIMARY PHYSICIAN AND ANY OTHER TREATING
 PHYSICIAN OR HEALTHCARE PROVIDER.
   5. PARTICIPATION IN A WRITTEN AGREEMENT OR PROTOCOL AUTHORIZING COLLA-
 BORATIVE DRUG THERAPY MANAGEMENT SHALL BE  VOLUNTARY,  AND  NO  PATIENT,
 PHYSICIAN, PHARMACIST, OR FACILITY SHALL BE REQUIRED TO PARTICIPATE.
   6. NOTHING IN THIS SECTION SHALL BE DEEMED TO LIMIT THE SCOPE OF PRAC-
 TICE OF PHARMACY NOR BE DEEMED TO LIMIT THE AUTHORITY OF PHARMACISTS AND
 PHYSICIANS  TO  ENGAGE  IN  MEDICATION MANAGEMENT PRIOR TO THE EFFECTIVE
 DATE OF THIS SECTION AND TO THE EXTENT AUTHORIZED BY LAW.
 S. 4007--A                         331                        A. 3007--A
 
   § 6802. DEFINITIONS. 1. "PHARMACY" MEANS ANY  PLACE  IN  WHICH  DRUGS,
 PRESCRIPTIONS  OR  POISONS ARE POSSESSED FOR THE PURPOSE OF COMPOUNDING,
 PRESERVING, DISPENSING OR RETAILING, OR IN WHICH DRUGS, PRESCRIPTIONS OR
 POISONS ARE COMPOUNDED, PRESERVED, DISPENSED OR RETAILED,  OR  IN  WHICH
 SUCH  DRUGS,  PRESCRIPTIONS  OR  POISONS ARE BY ADVERTISING OR OTHERWISE
 OFFERED FOR SALE AT RETAIL.
   3. "FORMULARY" MEANS THE  LATEST  EDITION  OF  THE  OFFICIAL  NATIONAL
 FORMULARY, AND ITS SUPPLEMENT.
   4.  "PHARMACOPEIA",  WHEN  NOT  OTHERWISE  LIMITED,  MEANS  THE LATEST
 EDITION OF THE OFFICIAL UNITED STATES PHARMACOPEIA, AND ITS SUPPLEMENT.
   5. "HOMEOPATHIC PHARMACOPEIA" MEANS THE OFFICIAL  HOMEOPATHIC  PHARMA-
 COPEIA OF THE UNITED STATES, AND ITS SUPPLEMENT.
   6.  "OFFICIAL  COMPENDIUM" MEANS THE OFFICIAL UNITED STATES PHARMACOP-
 EIA, OFFICIAL HOMEOPATHIC PHARMACOPEIA OF THE  UNITED  STATES,  OFFICIAL
 NATIONAL FORMULARY, OR THEIR SUPPLEMENTS.
   7. "DRUGS" MEANS:
   A.  ARTICLES  RECOGNIZED  IN  THE OFFICIAL UNITED STATES PHARMACOPEIA,
 OFFICIAL HOMEOPATHIC PHARMACOPEIA OF  THE  UNITED  STATES,  OR  OFFICIAL
 NATIONAL FORMULARY.
   B.  ARTICLES  INTENDED  FOR  USE  IN  THE DIAGNOSIS, CURE, MITIGATION,
 TREATMENT OR PREVENTION OF DISEASE IN MAN OR ANIMALS.
   C. ARTICLES (OTHER THAN FOOD) INTENDED TO AFFECT THE STRUCTURE OR  ANY
 FUNCTION OF THE BODY OF MAN OR ANIMALS.
   D.  ARTICLES  INTENDED FOR USE AS A COMPONENT OF ANY ARTICLE SPECIFIED
 IN PARAGRAPH A, B, OR C  OF  THIS  SUBDIVISION;  BUT  DOES  NOT  INCLUDE
 DEVICES OR THEIR COMPONENTS, PARTS OR ACCESSORIES.
   8. "COSMETICS" MEANS:
   A.  ARTICLES  INTENDED  TO BE RUBBED, POURED, SPRINKLED OR SPRAYED ON,
 INTRODUCED INTO OR OTHERWISE APPLIED TO THE HUMAN  BODY  FOR  CLEANSING,
 BEAUTIFYING, PROMOTING ATTRACTIVENESS, OR ALTERING THE APPEARANCE.
   B.  ARTICLES  INTENDED  FOR  USE  AS A COMPONENT OF ANY SUCH ARTICLES;
 EXCEPT THAT THE TERM SHALL NOT INCLUDE SOAP.
   9. "POISON", WHERE NOT OTHERWISE LIMITED, MEANS ANY DRUG, CHEMICAL  OR
 PREPARATION  LIKELY TO BE DESTRUCTIVE TO ADULT HUMAN LIFE IN QUANTITY OF
 SIXTY GRAINS OR LESS.
   10. "LABEL" MEANS A DISPLAY OF WRITTEN, PRINTED  OR  PICTORIAL  MATTER
 UPON  THE  IMMEDIATE  CONTAINER  OF  ANY  DRUG,  DEVICE OR COSMETIC. ANY
 REQUIREMENT MADE BY OR UNDER AUTHORITY OF THIS  TITLE,  THAT  ANY  WORD,
 STATEMENT, OR OTHER INFORMATION APPEAR ON THE LABEL SHALL NOT BE CONSID-
 ERED  TO  BE COMPLIED WITH UNLESS SUCH WORD, STATEMENT OR OTHER INFORMA-
 TION ALSO APPEARS ON THE OUTSIDE CONTAINER OR WRAPPER, IF THERE BE  ANY,
 OF  THE  RETAIL  PACKAGE  OF  SUCH DRUG, DEVICE OR COSMETIC OR IS EASILY
 LEGIBLE THROUGH THE OUTSIDE CONTAINER OR WRAPPER.
   11. "IMMEDIATE CONTAINER" DOES NOT INCLUDE PACKAGE LINERS.
   12. "LABELING" MEANS ALL LABELS AND OTHER WRITTEN, PRINTED OR PICTORI-
 AL MATTER:
   A. UPON ANY DRUG, DEVICE OR COSMETIC OR ANY OF ITS CONTAINERS OR WRAP-
 PERS, OR
   B. ACCOMPANYING SUCH DRUG, DEVICE OR COSMETIC.
   13. "MISBRANDING". IF A DRUG, DEVICE OR  COSMETIC  IS  ALLEGED  TO  BE
 MISBRANDED BECAUSE THE LABELING IS MISLEADING, OR IF AN ADVERTISEMENT IS
 ALLEGED TO BE FALSE BECAUSE IT IS MISLEADING THEN IN DETERMINING WHETHER
 THE  LABELING  OR  ADVERTISEMENT IS MISLEADING THERE SHALL BE TAKEN INTO
 ACCOUNT (AMONG OTHER THINGS) NOT ONLY REPRESENTATIONS MADE OR  SUGGESTED
 BY  STATEMENT,  WORD,  DESIGN, DEVICE, SOUND OR ANY COMBINATION THEREOF,
 BUT ALSO THE EXTENT TO WHICH THE LABELING FAILS TO REVEAL FACTS MATERIAL
 S. 4007--A                         332                        A. 3007--A
 
 IN THE LIGHT OF SUCH REPRESENTATIONS OR MATERIAL WITH RESPECT TO  CONSE-
 QUENCES  WHICH  MAY RESULT FROM THE USE OF THE DRUG, DEVICE, OR COSMETIC
 TO WHICH THE LABELING OR ADVERTISING RELATES UNDER THE CONDITIONS OF USE
 PRESCRIBED  IN  THE LABELING OR ADVERTISING THEREOF OR UNDER SUCH CONDI-
 TIONS OF USE AS ARE CUSTOMARY OR USUAL.  NO  DRUG,  DEVICE  OR  COSMETIC
 WHICH IS SUBJECT TO, AND COMPLIES WITH REGULATIONS PROMULGATED UNDER THE
 PROVISIONS  OF  THE  FEDERAL  FOOD,  DRUG, AND COSMETIC ACT, RELATING TO
 ADULTERATION AND MISBRANDING  SHALL  BE  DEEMED  TO  BE  ADULTERATED  OR
 MISBRANDED  IN  VIOLATION OF THE PROVISIONS OF THIS TITLE BECAUSE OF ITS
 FAILURE TO COMPLY WITH THE BOARD'S REGULATIONS,  OR  THE  RULES  OF  THE
 STATE BOARD OF PHARMACY, INSOFAR AS THE REGULATIONS ARE IN CONFLICT WITH
 REGULATIONS  RELATING  TO ADULTERATION AND MISBRANDING UNDER THE FEDERAL
 FOOD, DRUG AND COSMETIC ACT.
   14. "ANTISEPTIC". THE REPRESENTATION OF A DRUG, DEVICE OR COSMETIC  IN
 ITS  LABELING,  AS  AN ANTISEPTIC, SHALL BE CONSIDERED TO BE A REPRESEN-
 TATION THAT IT IS A GERMICIDE, EXCEPT IN THE CASE OF A  DRUG  PURPORTING
 TO  BE,  OR  REPRESENTED  AS,  AN ANTISEPTIC FOR INHIBITORY USE AS A WET
 DRESSING, OINTMENT, DUSTING  POWDER,  OR  SUCH  OTHER  USE  AS  INVOLVES
 PROLONGED CONTACT WITH THE BODY.
   15. "NEW DRUG" MEANS:
   A.  ANY  DRUG  NOT  GENERALLY  RECOGNIZED,  AMONG EXPERTS QUALIFIED BY
 SCIENTIFIC TRAINING AND EXPERIENCE TO EVALUATE THE SAFETY AND EFFECTIVE-
 NESS OF DRUGS, AS SAFE  AND  EFFECTIVE  FOR  USE  UNDER  THE  CONDITIONS
 PRESCRIBED, RECOMMENDED OR SUGGESTED BY THE DRUG'S LABELING, EXCEPT THAT
 SUCH  A DRUG NOT SO RECOGNIZED SHALL NOT BE DEEMED TO BE A "NEW DRUG" IF
 AT ANY TIME PRIOR TO SEPTEMBER FIRST, NINETEEN  HUNDRED  THIRTY-NINE  IT
 WAS  SUBJECT  TO THE FORMER FEDERAL FOOD AND DRUG ACT OF JUNE THIRTIETH,
 NINETEEN HUNDRED SIX, AS AMENDED, AND  IF  AT  SUCH  TIME  ITS  LABELING
 CONTAINED THE SAME REPRESENTATIONS CONCERNING THE CONDITIONS OF ITS USE;
   B.  ANY  DRUG,  THE  COMPOSITION  OF WHICH IS SUCH THAT THE DRUG, AS A
 RESULT OF INVESTIGATIONS TO DETERMINE ITS SAFETY AND  EFFECTIVENESS  FOR
 USE  UNDER  SUCH  CONDITIONS,  HAS  BECOME RECOGNIZED, BUT WHICH HAS NOT
 OTHERWISE THAN IN SUCH INVESTIGATIONS BEEN USED TO A MATERIAL EXTENT  OR
 FOR A MATERIAL TIME UNDER SUCH CONDITIONS.
   16. "DEVICE" MEANS INSTRUMENTS, APPARATUS, AND CONTRIVANCES, INCLUDING
 THEIR COMPONENTS, PARTS AND ACCESSORIES, INTENDED:
   A.   FOR  USE  IN  THE  DIAGNOSIS,  CURE,  MITIGATION,  TREATMENT,  OR
 PREVENTION OF DISEASE IN MAN OR ANIMALS; OR
   B. TO AFFECT THE STRUCTURE OR ANY FUNCTION  OF  THE  BODY  OF  MAN  OR
 ANIMALS.
   17.  THE  TERM "FEDERAL FOOD, DRUG AND COSMETIC ACT" MEANS THE FEDERAL
 FOOD, DRUG, AND COSMETIC ACT OF THE UNITED STATES OF  AMERICA,  APPROVED
 JUNE  TWENTY-FIFTH,  NINETEEN  HUNDRED THIRTY-EIGHT, OFFICIALLY CITED AS
 PUBLIC DOCUMENT NUMBER SEVEN HUNDRED  SEVENTEEN--SEVENTY-FIFTH  CONGRESS
 (CHAPTER  SIX  HUNDRED  SEVENTY-FIVE--THIRD SESSION), AND ALL ITS AMEND-
 MENTS NOW OR HEREAFTER ENACTED.
   18. "WHOLESALER" MEANS A PERSON WHO BOTTLES, PACKS OR PURCHASES DRUGS,
 DEVICES OR COSMETICS FOR THE PURPOSE OF SELLING OR RESELLING TO  PHARMA-
 CIES OR TO OTHER CHANNELS AS PROVIDED IN THIS TITLE.
   19.  "ADVERTISEMENT"  MEANS  ALL  REPRESENTATIONS  DISSEMINATED IN ANY
 MANNER OR BY ANY MEANS, OTHER THAN  BY  LABELING,  FOR  THE  PURPOSE  OF
 INDUCING,  OR  WHICH  ARE  LIKELY TO INDUCE, DIRECTLY OR INDIRECTLY, THE
 PURCHASE OF DRUGS, DEVICES OR COSMETICS.
   20. "CONTROLLED SUBSTANCE" MEANS ANY  DRUG  DEFINED  AS  A  CONTROLLED
 SUBSTANCE BY ARTICLE THIRTY-THREE OF THIS CHAPTER.
 S. 4007--A                         333                        A. 3007--A
 
   21.  "MANUFACTURER"  MEANS  A  PERSON  WHO COMPOUNDS, MIXES, PREPARES,
 PRODUCES, AND BOTTLES OR PACKS  DRUGS,  COSMETICS  OR  DEVICES  FOR  THE
 PURPOSE OF DISTRIBUTING OR SELLING TO PHARMACIES OR TO OTHER CHANNELS OF
 DISTRIBUTION.
   22.  "ADMINISTER",  FOR THE PURPOSE OF SECTION SIXTY-EIGHT HUNDRED ONE
 OF THIS TITLE, MEANS:
   A. THE DIRECT APPLICATION OF AN IMMUNIZING AGENT TO ADULTS, WHETHER BY
 INJECTION, INGESTION, INHALATION OR  ANY  OTHER  MEANS,  PURSUANT  TO  A
 PATIENT  SPECIFIC  ORDER  OR  NON-PATIENT SPECIFIC REGIMEN PRESCRIBED OR
 ORDERED BY A PHYSICIAN OR CERTIFIED NURSE PRACTITIONER,  FOR:  IMMUNIZA-
 TIONS TO PREVENT INFLUENZA, PNEUMOCOCCAL, ACUTE HERPES ZOSTER, HEPATITIS
 A,  HEPATITIS B, HUMAN PAPILLOMAVIRUS, MEASLES, MUMPS, RUBELLA, VARICEL-
 LA, COVID-19, MENINGOCOCCAL, TETANUS, DIPHTHERIA  OR  PERTUSSIS  DISEASE
 AND  MEDICATIONS  REQUIRED  FOR  EMERGENCY TREATMENT OF ANAPHYLAXIS; AND
 OTHER IMMUNIZATIONS RECOMMENDED BY THE ADVISORY COMMITTEE  ON  IMMUNIZA-
 TION  PRACTICES  OF  THE  CENTERS FOR DISEASE CONTROL AND PREVENTION FOR
 PATIENTS EIGHTEEN YEARS OF AGE OR OLDER IF THE COMMISSIONER OF EDUCATION
 IN CONSULTATION WITH THE COMMISSIONER DETERMINES THAT AN IMMUNIZATION:
   (I) (A) MAY BE SAFELY ADMINISTERED BY  A  LICENSED  PHARMACIST  WITHIN
 THEIR  LAWFUL SCOPE OF PRACTICE; AND (B) IS NEEDED TO PREVENT THE TRANS-
 MISSION OF A REPORTABLE COMMUNICABLE DISEASE THAT IS  PREVALENT  IN  NEW
 YORK STATE; OR (II) IS A RECOMMENDED IMMUNIZATION FOR SUCH PATIENTS WHO:
 (A)  MEET AGE REQUIREMENTS, (B) LACK DOCUMENTATION OF SUCH IMMUNIZATION,
 (C) LACK EVIDENCE OF PAST INFECTION, OR  (D)  HAVE  AN  ADDITIONAL  RISK
 FACTOR OR ANOTHER INDICATION AS RECOMMENDED BY THE ADVISORY COMMITTEE ON
 IMMUNIZATION   PRACTICES   OF   THE  CENTERS  FOR  DISEASE  CONTROL  AND
 PREVENTION. IF THE COMMISSIONER DETERMINES THAT THERE IS AN OUTBREAK  OF
 DISEASE, OR THAT THERE IS THE IMMINENT THREAT OF AN OUTBREAK OF DISEASE,
 THEN  THE COMMISSIONER MAY ISSUE A NON-PATIENT SPECIFIC REGIMEN APPLICA-
 BLE STATEWIDE.
   B. THE DIRECT APPLICATION OF AN IMMUNIZING AGENT TO  CHILDREN  BETWEEN
 THE  AGES OF TWO AND EIGHTEEN YEARS OF AGE, WHETHER BY INJECTION, INGES-
 TION, INHALATION OR ANY OTHER MEANS,  PURSUANT  TO  A  PATIENT  SPECIFIC
 ORDER  OR NON-PATIENT SPECIFIC REGIMEN PRESCRIBED OR ORDERED BY A PHYSI-
 CIAN OR CERTIFIED NURSE PRACTITIONER, FOR IMMUNIZATION TO PREVENT INFLU-
 ENZA AND MEDICATIONS REQUIRED FOR  EMERGENCY  TREATMENT  OF  ANAPHYLAXIS
 RESULTING  FROM  SUCH  IMMUNIZATION. IF THE COMMISSIONER DETERMINES THAT
 THERE IS AN OUTBREAK OF INFLUENZA, OR THAT THERE IS THE IMMINENT  THREAT
 OF  AN  OUTBREAK OF INFLUENZA, THEN THE COMMISSIONER MAY ISSUE A NON-PA-
 TIENT SPECIFIC REGIMEN APPLICABLE STATEWIDE.
   23. "ELECTRONIC PRESCRIPTION" MEANS A PRESCRIPTION CREATED,  RECORDED,
 OR  STORED BY ELECTRONIC MEANS; ISSUED WITH AN ELECTRONIC SIGNATURE; AND
 TRANSMITTED BY ELECTRONIC MEANS, IN ACCORDANCE WITH REGULATIONS  OF  THE
 COMMISSIONER   AND  FEDERAL  REGULATIONS;  PROVIDED,  HOWEVER,  THAT  AN
 ORIGINAL HARD COPY PRESCRIPTION THAT IS CREATED ELECTRONICALLY OR OTHER-
 WISE MAY BE TRANSMITTED FROM THE PRESCRIBER TO THE PHARMACIST BY FACSIM-
 ILE AND MUST BE MANUALLY SIGNED. "ELECTRONIC" MEANS OF  OR  RELATING  TO
 TECHNOLOGY  HAVING  ELECTRICAL,  DIGITAL,  MAGNETIC,  WIRELESS, OPTICAL,
 ELECTROMAGNETIC, OR SIMILAR CAPABILITIES.  "ELECTRONIC SIGNATURE"  MEANS
 AN  ELECTRONIC SOUND, SYMBOL, OR PROCESS, ATTACHED TO OR LOGICALLY ASSO-
 CIATED WITH AN ELECTRONIC PRESCRIPTION AND  EXECUTED  OR  ADOPTED  BY  A
 PERSON  WITH  THE  INTENT  TO  SIGN THE PRESCRIPTION, IN ACCORDANCE WITH
 REGULATIONS OF THE COMMISSIONER AND FEDERAL REGULATIONS.
   24. "COMPOUNDING" MEANS THE  COMBINING,  ADMIXING,  MIXING,  DILUTING,
 POOLING,  RECONSTITUTING,  OR  OTHERWISE ALTERING OF A DRUG OR BULK DRUG
 SUBSTANCE TO CREATE A DRUG WITH RESPECT TO AN OUTSOURCING FACILITY UNDER
 S. 4007--A                         334                        A. 3007--A
 
 SECTION 503B OF THE FEDERAL FOOD, DRUG  AND  COSMETIC  ACT  AND  FURTHER
 DEFINED IN THIS SECTION.
   25. "OUTSOURCING FACILITY" MEANS A FACILITY THAT:
   A. IS ENGAGED IN THE COMPOUNDING OF STERILE DRUGS;
   B. IS CURRENTLY REGISTERED AS AN OUTSOURCING FACILITY WITH THE
   SECRETARY OF HEALTH AND HUMAN SERVICES; AND
   C. COMPLIES WITH ALL APPLICABLE REQUIREMENTS OF FEDERAL AND STATE LAW,
 INCLUDING THE FEDERAL FOOD, DRUG AND COSMETIC ACT.
   26. "STERILE DRUG" MEANS A DRUG THAT IS INTENDED FOR PARENTERAL ADMIN-
 ISTRATION, AN OPHTHALMIC OR ORAL INHALATION DRUG IN AQUEOUS FORMAT, OR A
 DRUG THAT IS REQUIRED TO BE STERILE UNDER FEDERAL OR STATE LAW.
   27.  "BIOLOGICAL  PRODUCT"  MEANS  A  BIOLOGICAL PRODUCT AS DEFINED IN
 SUBSECTION (I) OF SECTION 351 OF  THE  PUBLIC  HEALTH  SERVICE  ACT,  42
 U.S.C. SECTION 262(I).
   28.  "INTERCHANGEABLE  BIOLOGICAL  PRODUCT" MEANS A BIOLOGICAL PRODUCT
 LICENSED BY THE UNITED STATES FOOD AND DRUG ADMINISTRATION  PURSUANT  TO
 42  U.S.C.    SECTION  262(K)(4)  AS  SET FORTH IN THE LATEST EDITION OR
 SUPPLEMENT OF THE UNITED STATES FOOD AND DRUG  ADMINISTRATION  LISTS  OF
 LICENSED  BIOLOGICAL  PRODUCTS  WITH  REFERENCE  PRODUCT EXCLUSIVITY AND
 BIOSIMILARITY OR INTERCHANGEABILITY EVALUATIONS, SOMETIMES  REFERRED  TO
 AS  THE  "PURPLE BOOK", OR A BIOLOGICAL PRODUCT DETERMINED BY THE UNITED
 STATES FOOD AND DRUG ADMINISTRATION TO BE THERAPEUTICALLY EQUIVALENT  AS
 SET  FORTH IN THE LATEST EDITION OR SUPPLEMENT OF THE UNITED STATES FOOD
 AND DRUG ADMINISTRATION APPROVED DRUG PRODUCTS WITH  THERAPEUTIC  EQUIV-
 ALENCE EVALUATIONS, SOMETIMES REFERRED TO AS THE "ORANGE BOOK".
   §  6803.  PRACTICE  OF  PHARMACY AND USE OF TITLE "PHARMACIST". ONLY A
 PERSON LICENSED OR OTHERWISE AUTHORIZED UNDER THIS TITLE SHALL  PRACTICE
 PHARMACY OR USE THE TITLE "PHARMACIST" OR ANY DERIVATIVE.
   §  6804.  STATE  BOARD OF PHARMACY. A STATE BOARD OF PHARMACY SHALL BE
 APPOINTED BY THE REGENTS ON RECOMMENDATION OF THE COMMISSIONER  FOR  THE
 PURPOSE  OF  ASSISTING  THE  REGENTS  AND  THE  DEPARTMENT ON MATTERS OF
 PROFESSIONAL LICENSING  AND  PROFESSIONAL  CONDUCT  IN  ACCORDANCE  WITH
 SECTION  SIXTY-FIVE  HUNDRED  EIGHT  OF THIS ARTICLE. THE BOARD SHALL BE
 COMPOSED OF NOT LESS THAN NINE PHARMACISTS LICENSED IN THIS STATE FOR AT
 LEAST FIVE YEARS AND TWO REGISTERED PHARMACY  TECHNICIANS.  THE  INITIAL
 REGISTERED  PHARMACY  TECHNICIAN  MEMBERS OF THE STATE BOARD OF PHARMACY
 NEED NOT BE LICENSED PRIOR TO THEIR APPOINTMENT BUT SHALL HAVE  MET  ALL
 OTHER  REQUIREMENTS OF LICENSURE PURSUANT TO SECTION SIXTY-EIGHT HUNDRED
 FORTY-FOUR OF THIS ARTICLE EXCEPT FOR FILING AN APPLICATION AND PAYING A
 FEE.  AN EXECUTIVE SECRETARY TO THE BOARD  SHALL  BE  APPOINTED  BY  THE
 REGENTS  ON RECOMMENDATION OF THE COMMISSIONER AND SHALL BE A PHARMACIST
 LICENSED IN THIS STATE FOR AT LEAST FIVE YEARS.  THE BOARD SHALL PROVIDE
 ASSISTANCE TO THE DEPARTMENT:
   1. TO REGULATE THE PRACTICE OF PHARMACY, REGISTERED  PHARMACY  TECHNI-
 CIANS AND THE EMPLOYMENT OF INTERNS AND EMPLOYEES IN PHARMACIES,
   2. TO REGULATE AND CONTROL THE SALE, DISTRIBUTION, CHARACTER AND STAN-
 DARD OF DRUGS, POISONS, COSMETICS, DEVICES AND NEW DRUGS,
   3. TO PREVENT THE SALE OR DISTRIBUTION OF SUCH DRUGS, POISONS, COSMET-
 ICS,  DEVICES  AND NEW DRUGS AS DO NOT CONFORM TO THE PROVISIONS OF THIS
 CHAPTER,
   4. TO INVESTIGATE ALLEGED VIOLATIONS OF THE PROVISIONS OF THIS  TITLE,
 AND
   5. TO ISSUE LIMITED PERMITS OR REGISTRATIONS.
   §  6805.  REQUIREMENTS FOR A PROFESSIONAL LICENSE. 1. TO QUALIFY FOR A
 PHARMACIST'S LICENSE, AN APPLICANT SHALL FULFILL THE FOLLOWING  REQUIRE-
 MENTS:
 S. 4007--A                         335                        A. 3007--A

   A. APPLICATION: FILE AN APPLICATION WITH THE DEPARTMENT;
   B.  EDUCATION:  HAVE  RECEIVED AN EDUCATION, INCLUDING A BACHELOR'S OR
 EQUIVALENT DEGREE IN PHARMACY, IN  ACCORDANCE  WITH  THE  COMMISSIONER'S
 REGULATIONS;
   C.  EXPERIENCE:  HAVE  EXPERIENCE  SATISFACTORY  TO  THE  BOARD AND IN
 ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS;
   D. EXAMINATION: PASS AN EXAMINATION SATISFACTORY TO THE BOARD  AND  IN
 ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS;
   E. AGE: BE AT LEAST TWENTY-ONE YEARS OF AGE;
   F. CITIZENSHIP OR IMMIGRATION STATUS: BE A UNITED STATES CITIZEN OR AN
 ALIEN LAWFULLY ADMITTED FOR PERMANENT RESIDENCE IN THE UNITED STATES;
   G.  CHARACTER: BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE DEPART-
 MENT; AND
   H. FEES: PAY A FEE OF ONE HUNDRED SEVENTY-FIVE DOLLARS TO THE  DEPART-
 MENT  FOR  ADMISSION  TO  A  DEPARTMENT CONDUCTED EXAMINATION AND FOR AN
 INITIAL LICENSE, A FEE OF EIGHTY-FIVE DOLLARS FOR EACH RE-EXAMINATION, A
 FEE OF ONE HUNDRED FIFTEEN DOLLARS FOR AN INITIAL  LICENSE  FOR  PERSONS
 NOT REQUIRING ADMISSION TO A DEPARTMENT CONDUCTED EXAMINATION, AND A FEE
 OF  ONE HUNDRED FIFTY-FIVE DOLLARS FOR EACH TRIENNIAL REGISTRATION PERI-
 OD.
   2. ON OR BEFORE APRIL FIRST, NINETEEN HUNDRED SEVENTY-TWO, ANY  PERSON
 WHO  HOLDS A VALID LICENSE AS "DRUGGIST" IN THIS STATE SHALL MAKE APPLI-
 CATION AND ON THE PAYMENT OF FEES SPECIFIED IN THIS TITLE BE LICENSED BY
 THE DEPARTMENT AS A PHARMACIST.   SUCH PERSON  SHALL  HAVE  ALL  OF  THE
 RIGHTS, PRIVILEGES, DUTIES AND RESPONSIBILITIES OF A PHARMACIST.
   §  6806. LIMITED PERMITS. 1. THE DEPARTMENT MAY ISSUE A LIMITED PERMIT
 FOR EMPLOYMENT AS A "PHARMACY INTERN" TO:
   A. A STUDENT ENROLLED IN THE LAST TWO YEARS OF A REGISTERED PROGRAM IN
 PHARMACY, OR
   B. A GRADUATE OF A PROGRAM IN PHARMACY WHICH  MEETS  STANDARDS  ESTAB-
 LISHED  BY  THE COMMISSIONER'S REGULATIONS WHO IS ENGAGED IN MEETING THE
 EXPERIENCE REQUIREMENTS OR WHOSE APPLICATION FOR  INITIAL  LICENSURE  IS
 PENDING WITH THE DEPARTMENT.
   2.  A  PHARMACY  INTERN MAY, AS DETERMINED BY THE COMMISSIONER'S REGU-
 LATIONS, PRACTICE AS A PHARMACIST UNDER THE  IMMEDIATE  PERSONAL  SUPER-
 VISION  OF  A  LICENSED PHARMACIST. A PHARMACY INTERN MAY ALSO RECEIVE A
 CERTIFICATE  OF  ADMINISTRATION  IF  HE  OR  SHE  PROVIDES  SATISFACTORY
 EVIDENCE  TO  THE  COMMISSIONER THAT HE OR SHE MEETS THE REQUIREMENTS OF
 SUBDIVISION THREE OF THIS SECTION.
   3. NO PHARMACY  INTERN  SHALL  ADMINISTER  IMMUNIZING  AGENTS  WITHOUT
 RECEIVING  TRAINING  SATISFACTORY  TO THE COMMISSIONER, AS PRESCRIBED IN
 REGULATIONS OF THE COMMISSIONER, WHICH SHALL INCLUDE, BUT NOT BE LIMITED
 TO: TECHNIQUES FOR SCREENING INDIVIDUALS AND OBTAINING INFORMED CONSENT;
 TECHNIQUES OF ADMINISTRATION; INDICATIONS, PRECAUTIONS AND CONTRAINDICA-
 TIONS IN THE USE OF AN AGENT OR AGENTS;  RECORDKEEPING  OF  IMMUNIZATION
 AND  INFORMATION;  AND  HANDLING  EMERGENCIES, INCLUDING ANAPHYLAXIS AND
 NEEDLESTICK INJURIES. TO RECEIVE A CERTIFICATION TO ADMINISTER IMMUNIZA-
 TIONS, THE PHARMACY  INTERN  SHALL  PROVIDE  DOCUMENTATION,  ON  A  FORM
 PRESCRIBED  BY  THE DEPARTMENT, FROM THE DEAN OR OTHER APPROPRIATE OFFI-
 CIAL OF THE  REGISTERED  PROGRAM  THAT  THE  INTERN  HAS  COMPLETED  THE
 REQUIRED TRAINING, PURSUANT TO REGULATIONS OF THE COMMISSIONER.
   4.  A LIMITED PERMIT ISSUED TO A PHARMACY INTERN SHALL HAVE AN EXPIRA-
 TION DATE OF FIVE YEARS FROM THE DATE OF ISSUE. LIMITED PERMITS  MAY  BE
 RENEWED ONCE FOR A PERIOD NOT TO EXCEED TWO YEARS.
   5.  THE  FEE FOR EACH LIMITED PERMIT ISSUED TO A PHARMACY INTERN SHALL
 BE SEVENTY DOLLARS.
 S. 4007--A                         336                        A. 3007--A
 
   6. IN THE CASE OF A PHARMACY INTERN, CERTIFIED TO ADMINISTER IMMUNIZA-
 TIONS, ADMINISTRATION MUST BE CONDUCTED  UNDER  THE  IMMEDIATE  PERSONAL
 SUPERVISION OF A LICENSED PHARMACIST CERTIFIED TO ADMINISTER VACCINES. A
 PERSON  RECEIVING  A  VACCINE  MUST  BE INFORMED THAT A PHARMACY INTERN,
 CERTIFIED TO ADMINISTER IMMUNIZATIONS, WILL BE ADMINISTERING THE VACCINE
 AND  OF  THE  OPTION TO RECEIVE THE VACCINATION FROM A CERTIFIED PHARMA-
 CIST.
   § 6807. EXEMPT PERSONS; SPECIAL PROVISIONS. 1. THIS TITLE SHALL NOT BE
 CONSTRUED TO AFFECT OR PREVENT:
   A. UNLICENSED ASSISTANTS FROM BEING EMPLOYED  IN  LICENSED  PHARMACIES
 FOR PURPOSES OTHER THAN THE PRACTICE OF PHARMACY;
   B.  ANY PHYSICIAN, DENTIST, VETERINARIAN OR OTHER LICENSED HEALTH CARE
 PROVIDER LEGALLY AUTHORIZED TO PRESCRIBE DRUGS UNDER THIS TITLE  WHO  IS
 NOT  THE  OWNER OF A PHARMACY OR WHO IS NOT IN THE EMPLOY OF SUCH OWNER,
 FROM SUPPLYING HIS PATIENTS WITH SUCH DRUGS AS THE  PHYSICIAN,  DENTIST,
 VETERINARIAN  OR  OTHER LICENSED HEALTH CARE PROVIDER LEGALLY AUTHORIZED
 TO PRESCRIBE DRUGS UNDER THIS TITLE DEEMS PROPER IN CONNECTION WITH  HIS
 PRACTICE, PROVIDED, HOWEVER, THAT ALL SUCH DRUGS SHALL BE DISPENSED IN A
 CONTAINER  LABELED  WITH  THE  NAME  AND  ADDRESS  OF  THE DISPENSER AND
 PATIENT, DIRECTIONS FOR USE, AND DATE OF DELIVERY, AND IN ADDITION, SUCH
 DRUG SHALL BEAR A LABEL CONTAINING THE PROPRIETARY OR BRAND NAME OF  THE
 DRUG AND, IF APPLICABLE, THE STRENGTH OF THE CONTENTS, UNLESS THE PERSON
 ISSUING  THE PRESCRIPTION SPECIFICALLY STATES ON THE PRESCRIPTION IN HIS
 OWN HANDWRITING, THAT THE NAME OF THE  DRUG  AND  THE  STRENGTH  THEREOF
 SHOULD  NOT APPEAR ON THE LABEL; PROVIDED FURTHER THAT IF SUCH DRUGS ARE
 CONTROLLED SUBSTANCES, THEY SHALL BE DISPENSED PURSUANT TO THE  REQUIRE-
 MENTS OF ARTICLE THIRTY-THREE OF THIS CHAPTER;
   C. ANY MERCHANT FROM SELLING PROPRIETARY MEDICINES, EXCEPT THOSE WHICH
 ARE  POISONOUS,  DELETERIOUS  OR HABIT FORMING, OR MATERIALS AND DEVICES
 SPECIFICALLY EXEMPTED BY REGULATIONS OF THE DEPARTMENT OR BY  PROVISIONS
 OF THIS CHAPTER;
   D. ANY PERSONNEL IN AN INSTITUTION OF HIGHER LEARNING FROM USING PRES-
 CRIPTION-REQUIRED  DRUGS ON THE PREMISES FOR AUTHORIZED RESEARCH, EXPER-
 IMENTS OR INSTRUCTION, IN ACCORDANCE WITH THE  DEPARTMENT'S  REGULATIONS
 AND,  IF  SUCH DRUGS ARE CONTROLLED SUBSTANCES, IN ACCORDANCE WITH TITLE
 THREE OF ARTICLE THIRTY-THREE OF THIS CHAPTER; OR
   E. THE NECESSARY AND ORDINARY ACTIVITIES OF MANUFACTURERS  AND  WHOLE-
 SALERS,  SUBJECT TO THE PROVISIONS OF ARTICLE THIRTY-THREE OF THIS CHAP-
 TER.
   2. A. NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH B OF SUBDIVISION ONE
 OF THIS SECTION, NO PRESCRIBER WHO IS NOT THE OWNER OF A PHARMACY OR WHO
 IS NOT IN THE EMPLOY OF SUCH OWNER, MAY DISPENSE MORE  THAN  A  SEVENTY-
 TWO-HOUR SUPPLY OF DRUGS, EXCEPT FOR:
   (I) PERSONS PRACTICING IN HOSPITALS AS DEFINED IN SECTION TWENTY-EIGHT
 HUNDRED ONE OF THIS CHAPTER;
   (II) THE DISPENSING OF DRUGS AT NO CHARGE TO THEIR PATIENTS;
   (III)  PERSONS  WHOSE  PRACTICES ARE SITUATED TEN MILES OR MORE FROM A
 REGISTERED PHARMACY;
   (IV) THE DISPENSING OF DRUGS IN A CLINIC, INFIRMARY OR HEALTH  SERVICE
 THAT IS OPERATED BY OR AFFILIATED WITH A POST-SECONDARY INSTITUTION;
   (V) PERSONS LICENSED PURSUANT TO TITLE EIGHT OF THIS ARTICLE;
   (VI)  THE  DISPENSING  OF  DRUGS  IN A MEDICAL EMERGENCY AS DEFINED IN
 SUBDIVISION SIX OF SECTION SIXTY-EIGHT HUNDRED TEN OF THIS TITLE;
   (VII) THE DISPENSING OF  DRUGS  THAT  ARE  DILUTED,  RECONSTITUTED  OR
 COMPOUNDED BY A PRESCRIBER;
   (VIII) THE DISPENSING OF ALLERGENIC EXTRACTS; OR
 S. 4007--A                         337                        A. 3007--A
 
   (IX) THE DISPENSING OF DRUGS PURSUANT TO AN ONCOLOGICAL OR AIDS PROTO-
 COL.
   B.  THE  COMMISSIONER  MAY  PROMULGATE  REGULATIONS  TO IMPLEMENT THIS
 SUBDIVISION AND  MAY,  BY  REGULATION,  ESTABLISH  ADDITIONAL  RENEWABLE
 EXEMPTIONS  FOR  A  PERIOD NOT TO EXCEED ONE YEAR FROM THE PROVISIONS OF
 PARAGRAPH A OF THIS SUBDIVISION.
   3. A PHARMACIST MAY DISPENSE DRUGS AND DEVICES TO A REGISTERED PROFES-
 SIONAL NURSE, AND A REGISTERED PROFESSIONAL NURSE MAY POSSESS AND ADMIN-
 ISTER, DRUGS AND DEVICES, PURSUANT TO  A  NON-PATIENT  SPECIFIC  REGIMEN
 PRESCRIBED OR ORDERED BY A LICENSED PHYSICIAN OR CERTIFIED NURSE PRACTI-
 TIONER,  PURSUANT  TO REGULATIONS PROMULGATED BY THE COMMISSIONER AND BY
 PROVISIONS OF THIS CHAPTER.
   § 6808. REGISTERING AND OPERATING  ESTABLISHMENTS.  1.    REGISTRATION
 REQUIREMENT.  NO  PERSON, FIRM, CORPORATION OR ASSOCIATION SHALL POSSESS
 DRUGS, PRESCRIPTIONS OR POISONS FOR THE PURPOSE OF COMPOUNDING, DISPENS-
 ING, RETAILING, WHOLESALING, OR MANUFACTURING,  OR  SHALL  OFFER  DRUGS,
 PRESCRIPTIONS  OR  POISONS FOR SALE AT RETAIL OR WHOLESALE UNLESS REGIS-
 TERED BY THE DEPARTMENT  AS  A  PHARMACY,  WHOLESALER,  MANUFACTURER  OR
 OUTSOURCING FACILITY.
   2.  PHARMACIES.    A.  OBTAINING  A  REGISTRATION. A PHARMACY SHALL BE
 REGISTERED AS FOLLOWS:
   (I) THE APPLICATION SHALL BE MADE ON A FORM PRESCRIBED BY THE  DEPART-
 MENT.
   (II)  THE  APPLICATION  SHALL BE ACCOMPANIED BY A FEE OF THREE HUNDRED
 FORTY-FIVE DOLLARS.
   (III) TO SECURE AND RETAIN A REGISTRATION, A PHARMACY MUST BE EQUIPPED
 WITH FACILITIES, APPARATUS, UTENSILS AND STOCKS OF DRUGS  AND  MEDICINES
 SUFFICIENT TO PERMIT THE PROMPT AND EFFICIENT COMPOUNDING AND DISPENSING
 OF PRESCRIPTIONS, AS PRESCRIBED BY REGULATION.
   B.  RENEWAL  OF  REGISTRATION.  ALL  PHARMACY  REGISTRATIONS  SHALL BE
 RENEWED ON DATES SET BY THE DEPARTMENT. THE TRIENNIAL  REGISTRATION  FEE
 SHALL  BE  TWO  HUNDRED  SIXTY DOLLARS, OR A PRORATED PORTION THEREOF AS
 DETERMINED BY THE DEPARTMENT. AT THE TIME OF RENEWAL, THE OWNER OF EVERY
 PHARMACY SHALL REPORT UNDER OATH TO THE DEPARTMENT ANY FACTS REQUIRED BY
 THE STATE BOARD OF PHARMACY.
   C. DISPLAY OF REGISTRATION. THE REGISTRATION  SHALL  BE  CONSPICUOUSLY
 DISPLAYED AT ALL TIMES IN THE PHARMACY. THE NAMES OF THE OWNER OR OWNERS
 OF A PHARMACY SHALL BE CONSPICUOUSLY DISPLAYED UPON THE EXTERIOR OF SUCH
 ESTABLISHMENT.  THE  NAMES SO DISPLAYED SHALL BE PRESUMPTIVE EVIDENCE OF
 OWNERSHIP OF SUCH PHARMACY BY SUCH PERSON OR PERSONS.  IN THE EVENT THAT
 THE OWNER OF A LICENSED PHARMACY IS NOT A LICENSED PHARMACIST, THE PHAR-
 MACY REGISTRATION ISSUED SHALL ALSO BEAR THE NAME OF THE LICENSED  PHAR-
 MACIST  HAVING  PERSONAL  SUPERVISION OF THE PHARMACY. IN THE EVENT THAT
 SUCH LICENSED PHARMACIST SHALL NO LONGER HAVE  PERSONAL  SUPERVISION  OF
 THE  PHARMACY, THE OWNER SHALL NOTIFY THE DEPARTMENT OF SUCH FACT AND OF
 THE NAME OF THE LICENSED PHARMACIST REPLACING THE  PHARMACIST  NAMED  ON
 THE  LICENSE  AND  SHALL  APPLY  FOR AN AMENDED REGISTRATION SHOWING THE
 CHANGE. THE AMENDED REGISTRATION MUST BE ATTACHED TO THE ORIGINAL REGIS-
 TRATION AND DISPLAYED IN THE SAME MANNER. BOTH THE OWNER AND THE  SUPER-
 VISING  PHARMACIST  SHALL BE RESPONSIBLE FOR CARRYING OUT THE PROVISIONS
 OF THIS TITLE.
   D. CHANGE OF LOCATION. IN THE EVENT THAT THE LOCATION  OF  A  PHARMACY
 SHALL BE CHANGED, THE OWNER SHALL APPLY TO THE DEPARTMENT FOR INSPECTION
 OF  THE  NEW  LOCATION  AND  ENDORSEMENT OF THE REGISTRATION FOR THE NEW
 LOCATION. THE FEE FOR INSPECTION AND ENDORSEMENT SHALL BE FIFTY DOLLARS,
 S. 4007--A                         338                        A. 3007--A
 
 UNLESS IT APPEARS TO THE SATISFACTION OF THE DEPARTMENT THAT THE  CHANGE
 IN LOCATION IS OF TEMPORARY NATURE DUE TO FIRE, FLOOD OR OTHER DISASTER.
   E. CONDUCT OF A PHARMACY. EVERY OWNER OF A PHARMACY IS RESPONSIBLE FOR
 THE  STRENGTH,  QUALITY,  PURITY  AND THE LABELING THEREOF OF ALL DRUGS,
 TOXIC SUBSTANCES, DEVICES AND COSMETICS, DISPENSED OR SOLD,  SUBJECT  TO
 THE GUARANTY PROVISIONS OF THIS TITLE AND THIS CHAPTER. EVERY OWNER OF A
 PHARMACY  OR EVERY PHARMACIST IN CHARGE OF A PHARMACY SHALL BE RESPONSI-
 BLE FOR THE PROPER CONDUCT OF THEIR PHARMACY. EVERY  PHARMACY  SHALL  BE
 UNDER  THE IMMEDIATE SUPERVISION AND MANAGEMENT OF A LICENSED PHARMACIST
 AT ALL HOURS WHEN OPEN.  NO PHARMACIST SHALL HAVE  PERSONAL  SUPERVISION
 OF MORE THAN ONE PHARMACY AT THE SAME TIME.
   F.  A  PHARMACY  AS  A  DEPARTMENT.  WHEN  A PHARMACY IS OPERATED AS A
 DEPARTMENT OF A LARGER COMMERCIAL ESTABLISHMENT, THE AREA COMPRISING THE
 PHARMACY SHALL BE PHYSICALLY SEPARATED FROM THE REST OF  THE  ESTABLISH-
 MENT,  SO  THAT ACCESS TO THE PHARMACY AND DRUGS IS NOT AVAILABLE WHEN A
 PHARMACIST IS NOT ON DUTY. IDENTIFICATION OF THE AREA WITHIN THE PHARMA-
 CY BY USE OF THE WORDS "DRUGS", "MEDICINES", "DRUG STORE", OR "PHARMACY"
 OR SIMILAR TERMS SHALL BE RESTRICTED TO THE AREA LICENSED BY THE DEPART-
 MENT AS A PHARMACY.
   G. LIMITED PHARMACY REGISTRATION. (I) WHEN,  IN  THE  OPINION  OF  THE
 DEPARTMENT,  A  HIGH  STANDARD  OF  PATIENT SAFETY, CONSISTENT WITH GOOD
 PATIENT CARE, CAN BE PROVIDED BY THE REGISTERING OF A PHARMACY WITHIN  A
 HOSPITAL, NURSING HOME OR EXTENDED CARE FACILITY WHICH DOES NOT MEET ALL
 OF  THE  REQUIREMENTS FOR REGISTRATION AS A PHARMACY, THE DEPARTMENT MAY
 WAIVE ANY REQUIREMENTS PERTAINING TO FULL-TIME OPERATION BY  A  LICENSED
 PHARMACIST,  MINIMUM EQUIPMENT, MINIMUM SPACE AND WAITING AREA, PROVIDED
 THAT WHEN THE WAIVER OF ANY OF THE ABOVE REQUIREMENTS IS GRANTED BY  THE
 BOARD,  THE PHARMACEUTICAL SERVICES TO BE RENDERED BY THE PHARMACY SHALL
 BE LIMITED TO FURNISHING DRUGS TO PATIENTS REGISTERED FOR  TREATMENT  BY
 THE  HOSPITAL,  AND  TO IN-PATIENTS FOR TREATMENT BY THE NURSING HOME OR
 EXTENDED CARE FACILITY.
   (II) WHEN IN THE OPINION OF THE DEPARTMENT, A HIGH STANDARD OF PATIENT
 SAFETY, CONSISTENT WITH GOOD PATIENT CARE, CAN BE PROVIDED BY THE REGIS-
 TERING OF A PHARMACY WITHIN A FACILITY DISTRIBUTING  DIALYSIS  SOLUTIONS
 FOR  PATIENTS SUFFERING FROM END STAGE RENAL DISEASE AND WHERE THE PHAR-
 MACEUTICAL SERVICES TO BE RENDERED BY THE PHARMACY SHALL BE  LIMITED  TO
 FURNISHING  DIALYSIS  SOLUTIONS  TO  PATIENTS  FOR  WHOM  SUCH  HAS BEEN
 PRESCRIBED BY A DULY AUTHORIZED PRESCRIBER,  THE  DEPARTMENT  MAY  WAIVE
 CERTAIN REQUIREMENTS, INCLUDING, BUT NOT LIMITED TO, FULL-TIME OPERATION
 BY A LICENSED PHARMACIST, MINIMUM EQUIPMENT, AND MINIMUM SPACE AND WAIT-
 ING  AREA.  SUCH SOLUTIONS SHALL ONLY BE DISPENSED BY EMPLOYEES WHO HAVE
 COMPLETED AN APPROVED TRAINING PROGRAM AND WHO HAVE DEMONSTRATED  PROFI-
 CIENCY  TO PERFORM THE TASK OR TASKS OF ASSEMBLING, LABELING OR DELIVER-
 ING A PATIENT ORDER AND WHO WORK UNDER  THE  GENERAL  SUPERVISION  OF  A
 LICENSED  PHARMACIST  WHO  SHALL  BE  RESPONSIBLE  FOR THE DISTRIBUTION,
 RECORD  KEEPING,  LABELING  AND  DELIVERY  OF  ALL  DIALYSIS   SOLUTIONS
 DISPENSED BY THE DISTRIBUTOR AS REQUIRED BY THE DEPARTMENT.
   (III)  THE  DEPARTMENT  SHALL  PROMULGATE  SUCH  RULES  OR REGULATIONS
 CONSISTENT WITH THIS PARAGRAPH AS  ARE  NECESSARY  TO  ENSURE  THE  SAFE
 DISTRIBUTION  OF SUCH DIALYSIS SOLUTIONS, INCLUDING ESTABLISHMENT REGIS-
 TRATION AND PROPER RECORD KEEPING, STORAGE, AND LABELING.
   (IV) THE INITIAL REGISTRATION FEE AND RENEWAL FEE FOR A LIMITED  PHAR-
 MACY SHALL BE THREE HUNDRED FORTY-FIVE DOLLARS FOR EACH TRIENNIAL REGIS-
 TRATION PERIOD.
   H. APPLICANT REGISTRATION. AN APPLICANT FOR REGISTRATION AS A PHARMACY
 SHALL  BE  OF  GOOD MORAL CHARACTER, AS DETERMINED BY THE DEPARTMENT. IN
 S. 4007--A                         339                        A. 3007--A
 
 THE CASE OF A CORPORATE APPLICANT, THE REQUIREMENT SHALL EXTEND  TO  ALL
 OFFICERS  AND  DIRECTORS  AND  TO  STOCKHOLDERS  HAVING A TEN PERCENT OR
 GREATER INTEREST IN THE CORPORATION.
   3. WHOLESALER'S OR MANUFACTURER'S REGISTRATION.  A. OBTAINING A REGIS-
 TRATION. A WHOLESALER OR MANUFACTURER SHALL BE REGISTERED AS FOLLOWS:
   (I)  THE APPLICATION SHALL BE MADE ON A FORM PRESCRIBED BY THE DEPART-
 MENT.
   (II) THE APPLICATION SHALL BE ACCOMPANIED BY A FEE  OF  EIGHT  HUNDRED
 TWENTY-FIVE DOLLARS.
   B. RENEWAL OF REGISTRATION. ALL WHOLESALERS' AND MANUFACTURERS' REGIS-
 TRATIONS  SHALL BE RENEWED ON DATES SET BY THE DEPARTMENT. THE TRIENNIAL
 REGISTRATION FEE SHALL BE FIVE HUNDRED TWENTY  DOLLARS,  OR  A  PRORATED
 PORTION THEREOF AS DETERMINED BY THE DEPARTMENT.
   C.  DISPLAY  OF  REGISTRATION.  THE  REGISTRATION  SHALL  BE DISPLAYED
 CONSPICUOUSLY AT ALL TIMES IN THE PLACE OF BUSINESS.
   D. CHANGE OF LOCATION. IN THE EVENT THAT THE LOCATION OF SUCH PLACE OF
 BUSINESS SHALL BE CHANGED, THE OWNER SHALL APPLY TO THE  DEPARTMENT  FOR
 INSPECTION  OF  THE NEW LOCATION AND ENDORSEMENT OF THE REGISTRATION FOR
 THE NEW LOCATION. THE FEE FOR INSPECTION AND ENDORSEMENT  SHALL  BE  ONE
 HUNDRED  SEVENTY  DOLLARS,  UNLESS IT APPEARS TO THE SATISFACTION OF THE
 DEPARTMENT THAT THE CHANGE IN LOCATION IS OF A TEMPORARY NATURE  DUE  TO
 FIRE, FLOOD OR OTHER DISASTER.
   4.  OUTSOURCING FACILITY'S REGISTRATION.  A. OBTAINING A REGISTRATION.
 AN OUTSOURCING FACILITY SHALL BE REGISTERED AS FOLLOWS:
   (I) AN APPLICATION FOR INITIAL REGISTRATION OR RENEWAL OF REGISTRATION
 SHALL BE MADE ON A FORM PRESCRIBED BY THE DEPARTMENT.
   (II) AN APPLICATION FOR INITIAL REGISTRATION SHALL BE ACCOMPANIED BY A
 FEE OF EIGHT HUNDRED TWENTY-FIVE DOLLARS.
   B. RENEWAL OF REGISTRATION. ALL OUTSOURCING FACILITIES'  REGISTRATIONS
 SHALL  BE  RENEWED ON A DATE SET BY THE DEPARTMENT. THE TRIENNIAL REGIS-
 TRATION FEE SHALL BE FIVE HUNDRED TWENTY DOLLARS, OR A PRORATED  PORTION
 THEREOF AS DETERMINED BY THE DEPARTMENT.
   C.  DISPLAY  OF  REGISTRATION.  THE  REGISTRATION  SHALL  BE DISPLAYED
 CONSPICUOUSLY IN THE PLACE OF BUSINESS.
   D. CHANGE OF LOCATION. IN THE EVENT THAT THE LOCATION OF SUCH PLACE OF
 BUSINESS SHALL BE CHANGED, THE OWNER SHALL APPLY TO THE  DEPARTMENT  FOR
 INSPECTION  OF  THE NEW LOCATION AND ENDORSEMENT OF THE REGISTRATION FOR
 THE NEW LOCATION. THE FEE FOR INSPECTION AND ENDORSEMENT  SHALL  BE  ONE
 HUNDRED  SEVENTY-FIVE  DOLLARS, UNLESS IT APPEARS TO THE SATISFACTION OF
 THE DEPARTMENT THAT THE CHANGE IN LOCATION IS OF A TEMPORARY NATURE  DUE
 TO FIRE, FLOOD OR OTHER DISASTER.
   E.  REPORT.  UPON INITIALLY REGISTERING AS AN OUTSOURCING FACILITY AND
 EVERY SIX MONTHS THEREAFTER, EACH OUTSOURCING FACILITY SHALL  SUBMIT  TO
 THE EXECUTIVE SECRETARY OF THE STATE BOARD OF PHARMACY A REPORT:
   (I)  IDENTIFYING  THE  DRUGS  COMPOUNDED  BY SUCH OUTSOURCING FACILITY
 DURING THE PREVIOUS SIX-MONTH PERIOD; AND
   (II) WITH RESPECT TO EACH DRUG IDENTIFIED UNDER  SUBPARAGRAPH  (I)  OF
 THIS  PARAGRAPH,  PROVIDING  THE  ACTIVE  INGREDIENT; THE SOURCE OF SUCH
 ACTIVE INGREDIENT; THE NATIONAL DRUG CODE NUMBER OF THE SOURCE  DRUG  OR
 BULK  ACTIVE INGREDIENT, IF AVAILABLE; THE STRENGTH OF THE ACTIVE INGRE-
 DIENT PER UNIT; THE DOSAGE FORM AND ROUTE OF ADMINISTRATION; THE PACKAGE
 DESCRIPTION; THE NUMBER OF INDIVIDUAL UNITS PRODUCED; AND  THE  NATIONAL
 DRUG CODE NUMBER OF THE FINAL PRODUCT, IF ASSIGNED.
   F.  CONDUCT  OF  OUTSOURCING  FACILITY.  EVERY OWNER OF AN OUTSOURCING
 FACILITY IS RESPONSIBLE FOR THE STRENGTH, QUALITY, PURITY  AND  LABELING
 THEREOF  OF  ALL COMPOUNDED DRUGS, SUBJECT TO THE GUARANTY PROVISIONS OF
 S. 4007--A                         340                        A. 3007--A
 
 THIS TITLE AND THIS CHAPTER.  EVERY OUTSOURCING FACILITY SHALL BE  UNDER
 THE  IMMEDIATE  SUPERVISION  AND  MANAGEMENT OF A PHARMACIST LICENSED TO
 PRACTICE IN NEW YORK STATE.
   G.  APPLICANT  FOR  REGISTRATION.  AN APPLICANT FOR REGISTRATION OF AN
 OUTSOURCING FACILITY SHALL BE OF GOOD MORAL CHARACTER, AS DETERMINED  BY
 THE  DEPARTMENT.  IN  THE CASE OF A CORPORATE APPLICANT, THE REQUIREMENT
 SHALL EXTEND TO ALL OFFICERS AND DIRECTORS AND STAKEHOLDERS HAVING A TEN
 PERCENT OR GREATER INTEREST IN THE CORPORATION.
   5. INSPECTION. THE STATE BOARD OF PHARMACY  AND  THE  DEPARTMENT,  AND
 THEIR  EMPLOYEES DESIGNATED BY THE COMMISSIONER, SHALL HAVE THE RIGHT TO
 ENTER ANY PHARMACY, WHOLESALER, MANUFACTURER,  OUTSOURCING  FACILITY  OR
 VEHICLE  AND  TO  INSPECT, AT REASONABLE TIMES, SUCH FACTORY, WAREHOUSE,
 ESTABLISHMENT OR VEHICLE AND ALL RECORDS REQUIRED BY THIS TITLE,  PERTI-
 NENT  EQUIPMENT,  FINISHED  AND  UNFINISHED  MATERIALS,  CONTAINERS, AND
 LABELS.
   6. PENALTIES. A  PHARMACY,  WHOLESALER,  MANUFACTURER  OR  OUTSOURCING
 FACILITY REGISTERED UNDER THIS SECTION SHALL BE UNDER THE SUPERVISION OF
 THE  DEPARTMENT  AND  SHALL  BE  SUBJECT TO DISCIPLINARY PROCEEDINGS AND
 PENALTIES IN ACCORDANCE WITH SUBTITLE THREE OF TITLE ONE OF THIS ARTICLE
 IN THE SAME MANNER AND TO THE SAME EXTENT  AS  INDIVIDUALS  AND  PROFES-
 SIONAL SERVICE CORPORATIONS WITH RESPECT TO THEIR LICENSES AND REGISTRA-
 TIONS,  PROVIDED  THAT  FAILURE  TO COMPLY WITH THE REQUIREMENTS OF THIS
 SECTION SHALL CONSTITUTE PROFESSIONAL MISCONDUCT.
   7. SALE OF DRUGS AT AUCTION. NO CONTROLLED SUBSTANCE OR SUBSTANCES AND
 NO POISONOUS OR DELETERIOUS DRUGS OR DRUGS IN BULK OR IN OPENED CONTAIN-
 ERS SHALL BE SOLD AT AUCTION UNLESS THE PLACE WHERE SUCH DRUGS ARE  SOLD
 AT AUCTION SHALL HAVE BEEN REGISTERED BY THE BOARD, AND UNLESS SUCH SALE
 SHALL  BE UNDER THE PERSONAL SUPERVISION OF A LICENSED PHARMACIST. DRUGS
 IN OPEN CONTAINERS SHALL NOT BE SOLD AT AUCTION UNLESS THE SELLER  SHALL
 HAVE  IN  HIS  OR HER POSSESSION A CERTIFICATE OF THE BOARD SHOWING THAT
 SUCH DRUGS HAVE BEEN INSPECTED AND MEET THE REQUIREMENTS OF THIS  TITLE.
 IN  THE EVENT THAT THE DRUG SO SOLD IS ONE AS TO WHICH THIS TITLE OR ANY
 FEDERAL STATUTE OR ANY REGULATION ADOPTED PURSUANT TO THIS TITLE  OR  AN
 APPLICABLE FEDERAL STATUTE REQUIRE THAT THE EXPIRATION DATE BE STATED ON
 EACH PACKAGE, SUCH DRUG MAY NOT BE SOLD AT AUCTION AFTER SUCH EXPIRATION
 DATE  OR  WHEN SUCH EXPIRATION DATE WILL OCCUR WITHIN A PERIOD OF THIRTY
 DAYS OR LESS FROM THE DATE OF SALE.
   § 6809. IDENTIFICATION OF PHARMACISTS. EVERY PHARMACIST ON DUTY  SHALL
 BE  IDENTIFIED BY A BADGE DESIGNED BY THE STATE BOARD OF PHARMACY, WHICH
 SHALL CONTAIN HIS OR HER NAME AND TITLE.
   § 6809-A. REGISTRATION OF NONRESIDENT ESTABLISHMENTS.  1.  DEFINITION.
 THE  TERM  "NONRESIDENT ESTABLISHMENT" SHALL MEAN ANY PHARMACY, MANUFAC-
 TURER, WHOLESALER, OR OUTSOURCING FACILITY LOCATED OUTSIDE OF THE  STATE
 THAT  SHIPS,  MAILS  OR  DELIVERS PRESCRIPTION DRUGS OR DEVICES TO OTHER
 ESTABLISHMENTS, AUTHORIZED PRESCRIBERS AND/OR PATIENTS RESIDING IN  THIS
 STATE. SUCH ESTABLISHMENTS SHALL INCLUDE, BUT NOT BE LIMITED TO, PHARMA-
 CIES THAT TRANSACT BUSINESS THROUGH THE USE OF THE INTERNET.
   2.  REGISTRATION.  ALL  NONRESIDENT ESTABLISHMENTS THAT SHIP, MAIL, OR
 DELIVER PRESCRIPTION DRUGS AND/OR DEVICES TO OTHER REGISTERED ESTABLISH-
 MENTS, AUTHORIZED PRESCRIBERS, AND/OR PATIENTS INTO THIS STATE SHALL  BE
 REGISTERED  WITH THE DEPARTMENT; EXCEPT THAT SUCH REGISTRATION SHALL NOT
 APPLY  TO  INTRA-COMPANY  TRANSFERS  BETWEEN  ANY  DIVISION,  AFFILIATE,
 SUBSIDIARIES,  PARENT  OR OTHER ENTITIES UNDER COMPLETE COMMON OWNERSHIP
 AND CONTROL. THE PROVISIONS OF THIS SUBDIVISION SHALL  APPLY  SOLELY  TO
 NONRESIDENT  ESTABLISHMENTS  AND SHALL NOT AFFECT ANY OTHER PROVISION OF
 THIS TITLE.
 S. 4007--A                         341                        A. 3007--A
 
   3. AGENT OF RECORD. EACH NONRESIDENT ESTABLISHMENT THAT  SHIPS,  MAILS
 OR DELIVERS DRUGS AND/OR DEVICES INTO THIS STATE SHALL DESIGNATE A RESI-
 DENT  AGENT  IN THIS STATE FOR SERVICE OF PROCESS PURSUANT TO RULE THREE
 HUNDRED EIGHTEEN OF THE CIVIL PRACTICE LAW AND RULES.
   4.  CONDITIONS  OF  REGISTRATION.  AS  A  CONDITION OF REGISTRATION, A
 NONRESIDENT ESTABLISHMENT SHALL COMPLY WITH THE FOLLOWING REQUIREMENTS:
   A. BE LICENSED AND/OR REGISTERED AND IN GOOD STANDING WITH  THE  STATE
 OF RESIDENCE;
   B.  MAINTAIN,  IN  READILY  RETRIEVABLE  FORM, RECORDS OF DRUGS AND/OR
 DEVICES SHIPPED INTO THIS STATE;
   C. SUPPLY, UPON REQUEST, ALL INFORMATION NEEDED BY THE  DEPARTMENT  TO
 CARRY OUT THE DEPARTMENT'S RESPONSIBILITIES UNDER THE LAWS AND RULES AND
 REGULATIONS PERTAINING TO NONRESIDENT ESTABLISHMENTS;
   D.  COMPLY WITH ALL STATUTORY AND REGULATORY REQUIREMENTS OF THE STATE
 WHERE THE NONRESIDENT ESTABLISHMENT IS LOCATED, FOR  PRESCRIPTION  DRUGS
 OR DEVICES SHIPPED, MAILED OR DELIVERED INTO THIS STATE, EXCEPT THAT FOR
 CONTROLLED  SUBSTANCES SHIPPED, MAILED OR DELIVERED INTO THIS STATE, THE
 NONRESIDENT PHARMACY SHALL FOLLOW FEDERAL LAW AND NEW YORK LAW  RELATING
 TO CONTROLLED SUBSTANCES;
   E.  THE APPLICATION SHALL BE MADE IN THE MANNER AND FORM PRESCRIBED BY
 THE DEPARTMENT;
   F. THE APPLICATION OF ESTABLISHMENTS TO BE REGISTERED AS A MANUFACTUR-
 ER, WHOLESALER OR OUTSOURCING FACILITY OF DRUGS AND/OR DEVICES SHALL  BE
 ACCOMPANIED BY A FEE AS PROVIDED IN SECTION SIXTY-EIGHT HUNDRED EIGHT OF
 THIS TITLE; AND
   G. THE APPLICATION OF ESTABLISHMENTS TO BE REGISTERED AS A NONRESIDENT
 PHARMACY  SHALL  BE  ACCOMPANIED  BY  A  FEE OF THREE HUNDRED FORTY-FIVE
 DOLLARS AND SHALL BE RENEWED TRIENNIALLY AT A FEE OF TWO  HUNDRED  SIXTY
 DOLLARS.
   5. ADDITIONAL REQUIREMENTS. NONRESIDENT PHARMACIES REGISTERED PURSUANT
 TO THIS SECTION SHALL:
   A.  PROVIDE  A  TOLL-FREE  TELEPHONE  NUMBER  THAT IS AVAILABLE DURING
 NORMAL BUSINESS HOURS AND AT LEAST  FORTY  HOURS  PER  WEEK,  TO  ENABLE
 COMMUNICATION  BETWEEN  A  PATIENT IN THIS STATE AND A PHARMACIST AT THE
 PHARMACY WHO HAS ACCESS TO THE PATIENT'S RECORDS; AND
   B. PLACE SUCH TOLL-FREE TELEPHONE NUMBER ON A LABEL  AFFIXED  TO  EACH
 DRUG OR DEVICE CONTAINER.
   6. DISCIPLINARY ACTION. EXCEPT IN EMERGENCIES THAT CONSTITUTE AN IMME-
 DIATE  THREAT  TO  PUBLIC  HEALTH,  THE DEPARTMENT SHALL NOT PROSECUTE A
 COMPLAINT OR OTHERWISE TAKE FORMAL ACTION AGAINST A  NONRESIDENT  ESTAB-
 LISHMENT BASED UPON DELIVERY OF A DRUG INTO THIS STATE OR A VIOLATION OF
 LAW, RULE, OR REGULATION OF THIS STATE IF THE AGENCY HAVING JURISDICTION
 IN  THE  STATE  WHERE  THE  NONRESIDENT ESTABLISHMENT IS BASED COMMENCES
 ACTION ON THE VIOLATION COMPLAINED OF WITHIN  ONE  HUNDRED  TWENTY  DAYS
 FROM  THE  DATE  THAT THE VIOLATION WAS REPORTED; PROVIDED HOWEVER, THAT
 THE DEPARTMENT MAY PROSECUTE A COMPLAINT OR TAKE FORMAL ACTION AGAINST A
 NONRESIDENT ESTABLISHMENT IF IT DETERMINES THAT THE AGENCY HAVING JURIS-
 DICTION IN THE STATE WHERE THE NONRESIDENT ESTABLISHMENT  IS  BASED  HAS
 UNREASONABLY  DELAYED OR OTHERWISE FAILED TO TAKE PROMPT AND APPROPRIATE
 ACTION ON A REPORTED VIOLATION.
   7. REVOCATION OR SUSPENSION. A NONRESIDENT ESTABLISHMENT THAT FAILS TO
 COMPLY WITH THE REQUIREMENTS OF THIS SECTION SHALL BE SUBJECT TO REVOCA-
 TION OR SUSPENSION OF ITS REGISTRATION AND OTHER APPLICABLE PENALTIES IN
 ACCORDANCE WITH THE PROVISIONS OF SUBTITLE THREE OF TITLE  ONE  OF  THIS
 ARTICLE.
 S. 4007--A                         342                        A. 3007--A
 
   8. EXCEPTION. THE DEPARTMENT MAY GRANT AN EXCEPTION FROM THE REGISTRA-
 TION  REQUIREMENTS  OF  THIS SECTION ON THE APPLICATION OF A NONRESIDENT
 ESTABLISHMENT THAT RESTRICTS ITS SALE  OR  DISPENSING  OF  DRUGS  AND/OR
 DEVICES TO RESIDENTS OF THIS STATE TO ISOLATED TRANSACTIONS.
   9.  RULES  AND  REGULATIONS. THE DEPARTMENT SHALL PROMULGATE RULES AND
 REGULATIONS TO IMPLEMENT THE PROVISIONS OF THIS SECTION.
   § 6810. PRESCRIPTIONS. 1. NO DRUG FOR WHICH A PRESCRIPTION IS REQUIRED
 BY THE PROVISIONS OF THE FEDERAL FOOD, DRUG AND COSMETIC ACT OR  BY  THE
 COMMISSIONER SHALL BE DISTRIBUTED OR DISPENSED TO ANY PERSON EXCEPT UPON
 A  PRESCRIPTION  WRITTEN  BY  A  PERSON LEGALLY AUTHORIZED TO ISSUE SUCH
 PRESCRIPTION. SUCH DRUG SHALL BE COMPOUNDED OR DISPENSED BY  A  LICENSED
 PHARMACIST,  AND NO SUCH DRUG SHALL BE DISPENSED WITHOUT AFFIXING TO THE
 IMMEDIATE CONTAINER IN WHICH THE DRUG IS SOLD OR DISPENSED A LABEL BEAR-
 ING THE NAME AND ADDRESS OF THE OWNER OF THE ESTABLISHMENT IN  WHICH  IT
 WAS DISPENSED, THE DATE COMPOUNDED, THE NUMBER OF THE PRESCRIPTION UNDER
 WHICH IT IS RECORDED IN THE PHARMACIST'S PRESCRIPTION FILES, THE NAME OF
 THE  PRESCRIBER, THE NAME AND ADDRESS OF THE PATIENT, AND THE DIRECTIONS
 FOR THE USE OF THE DRUG BY THE PATIENT AS GIVEN UPON  THE  PRESCRIPTION.
 ALL LABELS SHALL CONFORM TO SUCH RULES AND REGULATIONS AS PROMULGATED BY
 THE  COMMISSIONER PURSUANT TO SECTION SIXTY-EIGHT HUNDRED TWENTY-NINE OF
 THIS TITLE. THE  PRESCRIBING  AND  DISPENSING  OF  A  DRUG  WHICH  IS  A
 CONTROLLED   SUBSTANCE  SHALL  BE  SUBJECT  TO  ADDITIONAL  REQUIREMENTS
 PROVIDED IN ARTICLE THIRTY-THREE OF THIS CHAPTER. THE WORDS  "DRUG"  AND
 "PRESCRIPTION  REQUIRED DRUG" WITHIN THE MEANING OF THIS TITLE SHALL NOT
 BE CONSTRUED TO INCLUDE SOFT OR HARD CONTACT LENSES, EYEGLASSES, OR  ANY
 OTHER DEVICE FOR THE AID OR CORRECTION OF VISION. NOTHING IN THIS SUBDI-
 VISION  SHALL PREVENT A PHARMACY FROM FURNISHING A DRUG TO ANOTHER PHAR-
 MACY WHICH DOES NOT HAVE SUCH DRUG IN STOCK FOR THE PURPOSE OF FILLING A
 PRESCRIPTION.
   2. A. A PRESCRIPTION MAY NOT BE REFILLED UNLESS IT  BEARS  A  CONTRARY
 INSTRUCTION  AND  INDICATES  ON  ITS  FACE THE NUMBER OF TIMES IT MAY BE
 REFILLED. A PRESCRIPTION MAY NOT BE REFILLED MORE TIMES THAN ALLOWED  ON
 THE  PRESCRIPTION.  THE  DATE OF EACH REFILLING MUST BE INDICATED ON THE
 ORIGINAL PRESCRIPTION. PRESCRIPTIONS FOR CONTROLLED SUBSTANCES SHALL  BE
 REFILLED ONLY PURSUANT TO ARTICLE THIRTY-THREE OF THIS CHAPTER.
   B.  A  PHARMACY  REGISTERED  WITH  THE  DEPARTMENT PURSUANT TO SECTION
 SIXTY-EIGHT HUNDRED EIGHT OR SIXTY-EIGHT HUNDRED NINE-A  OF  THIS  TITLE
 MAY  NOT DELIVER A NEW OR REFILLED PRESCRIPTION OFF PREMISES WITHOUT THE
 CONSENT OF THE PATIENT OR AN INDIVIDUAL AUTHORIZED  TO  CONSENT  ON  THE
 PATIENT'S  BEHALF.  FOR  THE  PURPOSES  OF  THIS SECTION, CONSENT MAY BE
 OBTAINED IN THE SAME MANNER AND  PROCESS  BY  WHICH  CONSENT  IS  DEEMED
 ACCEPTABLE UNDER THE FEDERAL MEDICARE PART D PROGRAM.
   C.  PHARMACY  PROVIDERS  WHO  DELIVER  MEDICATION  WITHOUT  PATIENT OR
 AUTHORIZED INDIVIDUAL CONSENT WILL BE REQUIRED TO ACCEPT THE  RETURN  OF
 THE  MEDICATION  FROM  THE  PATIENT, PROVIDE THAT PATIENT CREDIT FOR ANY
 CHARGES THEY MAY HAVE PAID, AND WILL BE REQUIRED TO DESTROY THOSE  MEDI-
 CATIONS  SENT  WITHOUT CONSENT ON DELIVERY IN ACCORDANCE WITH APPLICABLE
 STATE AND FEDERAL LAW. NOTHING IN THIS SECTION SHALL BE DEEMED TO INTER-
 FERE WITH THE REQUIREMENTS FOR REFILL REMINDER OR  MEDICATION  ADHERENCE
 PROGRAMS.    NOTHING  IN  THIS SECTION IS INTENDED TO APPLY TO LONG-TERM
 CARE PHARMACY DISPENSING AND DELIVERY.
   3. A COPY OF A PRESCRIPTION FOR A CONTROLLED SUBSTANCE  SHALL  NOT  BE
 FURNISHED  TO  THE  PATIENT BUT MAY BE FURNISHED TO ANY LICENSED PRACTI-
 TIONER  AUTHORIZED  TO  WRITE  SUCH  PRESCRIPTION.   COPIES   OF   OTHER
 PRESCRIPTIONS  SHALL  BE FURNISHED TO THE PATIENT AT HIS OR HER REQUEST,
 S. 4007--A                         343                        A. 3007--A
 
 BUT SUCH COPIES ARE ISSUED FOR THE INFORMATIONAL PURPOSES OF  THE  PRES-
 CRIBERS ONLY, AND SHALL BE SO WORDED.
   4.  A.  ORAL  PRESCRIPTIONS  FOR CONTROLLED SUBSTANCES SHALL BE FILLED
 PURSUANT TO ARTICLE THIRTY-THREE OF THIS CHAPTER. A PHARMACIST MAY  FILL
 AN ORAL PRESCRIPTION FOR A DRUG, OTHER THAN A CONTROLLED SUBSTANCE, MADE
 BY  A  PRACTITIONER  LEGALLY  AUTHORIZED  TO  PRESCRIBE DRUGS.   AN ORAL
 AUTHORIZATION  FOR  THE  REFILL  OF  A  PRESCRIPTION,   OTHER   THAN   A
 PRESCRIPTION  FOR  A CONTROLLED SUBSTANCE, MAY BE MADE BY A PRACTITIONER
 LEGALLY AUTHORIZED TO PRESCRIBE DRUGS.   THE PHARMACIST  RECEIVING  SUCH
 ORAL  AUTHORIZATION  FOR THE REFILL OF A PRESCRIPTION SHALL WRITE ON THE
 REVERSE SIDE OF THE ORIGINAL PRESCRIPTION THE DATE, TIME,  AND  NAME  OF
 THE  PRACTITIONER  AUTHORIZING  THE  REFILL OF THE PRESCRIPTION. AN ORAL
 PRESCRIPTION OR AN ORAL AUTHORIZATION FOR THE REFILL OF  A  PRESCRIPTION
 FOR  THE DRUG, OTHER THAN A CONTROLLED SUBSTANCE, MAY BE COMMUNICATED BY
 AN EMPLOYEE OF THE  PRESCRIBING  PRACTITIONER;  PROVIDED,  HOWEVER,  THE
 PHARMACIST SHALL:
   (I) CONTEMPORANEOUSLY REDUCE SUCH PRESCRIPTION TO WRITING;
   (II)  DISPENSE  THE SUBSTANCE IN CONFORMITY WITH THE LABELING REQUIRE-
 MENTS APPLICABLE TO A WRITTEN PRESCRIPTION; AND
   (III) MAKE A GOOD FAITH EFFORT TO VERIFY THE  EMPLOYEE'S  IDENTITY  IF
 THE EMPLOYEE IS UNKNOWN TO THE PHARMACIST.
   B.  ORAL  PRESCRIPTIONS  FOR  PATIENTS  IN  GENERAL HOSPITALS, NURSING
 HOMES, RESIDENTIAL HEALTH CARE FACILITIES AS DEFINED IN SECTION  TWENTY-
 EIGHT  HUNDRED  ONE OF THIS CHAPTER, HOSPITALS AS DEFINED IN SUBDIVISION
 TEN OF SECTION 1.03 OF THE MENTAL HYGIENE LAW, OR FACILITIES OPERATED BY
 THE OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES, MAY  BE  COMMUNI-
 CATED  TO  A  PHARMACIST  SERVING AS A VENDOR OF PHARMACEUTICAL SERVICES
 BASED UPON A CONTRACTUAL ARRANGEMENT BY AN AGENT DESIGNATED BY AND UNDER
 THE DIRECTION OF THE PRESCRIBER OR THE INSTITUTION. SUCH AGENT SHALL  BE
 A  HEALTH CARE PRACTITIONER CURRENTLY LICENSED AND REGISTERED UNDER THIS
 ARTICLE.
   5. RECORDS OF ALL PRESCRIPTIONS FILLED OR REFILLED SHALL BE MAINTAINED
 FOR A PERIOD OF AT LEAST FIVE YEARS AND UPON REQUEST MADE AVAILABLE  FOR
 INSPECTION  AND  COPYING  BY  A  REPRESENTATIVE  OF THE DEPARTMENT. SUCH
 RECORDS SHALL INDICATE DATE OF  FILLING  OR  REFILLING,  DOCTOR'S  NAME,
 PATIENT'S  NAME  AND  ADDRESS AND THE NAME OR INITIALS OF THE PHARMACIST
 WHO PREPARED, COMPOUNDED, OR  DISPENSED  THE  PRESCRIPTION.  RECORDS  OF
 PRESCRIPTIONS  FOR CONTROLLED SUBSTANCES SHALL BE MAINTAINED PURSUANT TO
 REQUIREMENTS OF ARTICLE THIRTY-THREE OF THIS CHAPTER.
   6. A. EVERY PRESCRIPTION WRITTEN IN THIS STATE BY A PERSON  AUTHORIZED
 TO ISSUE SUCH PRESCRIPTION SHALL BE ON PRESCRIPTION FORMS CONTAINING ONE
 LINE  FOR  THE  PRESCRIBER'S SIGNATURE. THE PRESCRIBER'S SIGNATURE SHALL
 VALIDATE THE PRESCRIPTION.  EVERY ELECTRONIC PRESCRIPTION SHALL  PROVIDE
 FOR  THE  PRESCRIBER'S  ELECTRONIC  SIGNATURE,  WHICH SHALL VALIDATE THE
 ELECTRONIC PRESCRIPTION. IMPRINTED CONSPICUOUSLY ON  EVERY  PRESCRIPTION
 WRITTEN  IN  THIS STATE IN EIGHT-POINT UPPER CASE TYPE IMMEDIATELY BELOW
 THE SIGNATURE LINE SHALL BE THE  WORDS:    "THIS  PRESCRIPTION  WILL  BE
 FILLED  GENERICALLY  UNLESS PRESCRIBER WRITES 'D A W' IN THE BOX BELOW".
 UNLESS THE PRESCRIBER WRITES D A W IN SUCH BOX IN THE  PRESCRIBER'S  OWN
 HANDWRITING  OR,  IN  THE  CASE  OF ELECTRONIC PRESCRIPTIONS, INSERTS AN
 ELECTRONIC DIRECTION TO DISPENSE THE DRUG AS WRITTEN,  THE  PRESCRIBER'S
 SIGNATURE  OR  ELECTRONIC  SIGNATURE SHALL DESIGNATE APPROVAL OF SUBSTI-
 TUTION BY A PHARMACIST OF A DRUG PRODUCT PURSUANT TO  PARAGRAPH  (O)  OF
 SUBDIVISION  ONE  OF  SECTION TWO HUNDRED SIX OF THIS CHAPTER.  NO OTHER
 LETTERS  OR  MARKS  IN  SUCH  BOX  SHALL   PROHIBIT   SUBSTITUTION.   NO
 PRESCRIPTION FORMS USED OR INTENDED TO BE USED BY A PERSON AUTHORIZED TO
 S. 4007--A                         344                        A. 3007--A
 
 ISSUE A PRESCRIPTION SHALL HAVE 'D A W' PREPRINTED IN SUCH BOX. SUCH BOX
 SHALL  BE  PLACED  DIRECTLY UNDER THE SIGNATURE LINE AND SHALL BE THREE-
 QUARTERS INCH IN LENGTH AND ONE-HALF INCH IN HEIGHT,  OR  IN  COMPARABLE
 FORM FOR AN ELECTRONIC PRESCRIPTION AS MAY BE SPECIFIED BY REGULATION OF
 THE  COMMISSIONER.  IMMEDIATELY BELOW SUCH BOX SHALL BE IMPRINTED IN SIX
 POINT TYPE THE WORDS "DISPENSE AS WRITTEN".  NOTWITHSTANDING  ANY  OTHER
 PROVISION OF LAW, NO STATE OFFICIAL, AGENCY, BOARD OR OTHER ENTITY SHALL
 PROMULGATE  ANY  REGULATION OR GUIDELINE MODIFYING THOSE ELEMENTS OF THE
 PRESCRIPTION FORM'S CONTENTS SPECIFIED IN  THIS  SUBDIVISION.    TO  THE
 EXTENT  OTHERWISE  PERMITTED  BY LAW, A PRESCRIBER MAY MODIFY ONLY THOSE
 ELEMENTS OF THE PRESCRIPTION  FORM'S  CONTENTS  NOT  SPECIFIED  IN  THIS
 SUBDIVISION.  NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION OR ANY
 OTHER  LAW, WHEN A GENERIC DRUG IS NOT AVAILABLE AND THE BRAND NAME DRUG
 ORIGINALLY PRESCRIBED IS AVAILABLE AND THE PHARMACIST AGREES TO DISPENSE
 THE BRAND NAME PRODUCT FOR A PRICE THAT WILL NOT EXCEED THE  PRICE  THAT
 WOULD  HAVE  BEEN  CHARGED FOR THE GENERIC SUBSTITUTE HAD IT BEEN AVAIL-
 ABLE, SUBSTITUTION OF A GENERIC DRUG PRODUCT WILL NOT  BE  REQUIRED.  IF
 THE  GENERIC DRUG PRODUCT IS NOT AVAILABLE AND A MEDICAL EMERGENCY SITU-
 ATION, WHICH FOR PURPOSES OF THIS SECTION IS DEFINED  AS  ANY  CONDITION
 REQUIRING  ALLEVIATION  OF SEVERE PAIN OR WHICH THREATENS TO CAUSE DISA-
 BILITY OR TAKE LIFE IF NOT PROMPTLY TREATED, EXISTS, THEN THE PHARMACIST
 MAY DISPENSE THE BRAND NAME PRODUCT AT HIS OR HER REGULAR PRICE. IN SUCH
 INSTANCES THE PHARMACIST MUST RECORD THE DATE, HOUR AND  NATURE  OF  THE
 MEDICAL EMERGENCY ON THE BACK OF THE PRESCRIPTION AND KEEP A COPY OF ALL
 SUCH PRESCRIPTIONS.
   B.  THE  PRESCRIBER  SHALL  INFORM  THE  PATIENT WHETHER HE OR SHE HAS
 PRESCRIBED A BRAND NAME OR ITS GENERIC EQUIVALENT DRUG PRODUCT.
   C. THE PROVISIONS OF THIS SUBDIVISION SHALL NOT APPLY TO A HOSPITAL AS
 DEFINED IN ARTICLE TWENTY-EIGHT OF THIS CHAPTER.
   D. NO PRESCRIBER SHALL BE SUBJECTED TO CIVIL LIABILITY ARISING  SOLELY
 FROM  AUTHORIZING, IN ACCORDANCE WITH THIS SUBDIVISION, THE SUBSTITUTION
 BY A PHARMACIST OF A DRUG PRODUCT PURSUANT TO PARAGRAPH (O) OF  SUBDIVI-
 SION ONE OF SECTION TWO HUNDRED SIX OF THIS CHAPTER.
   7.  A.  NO  PRESCRIPTION  FOR A DRUG WRITTEN IN THIS STATE BY A PERSON
 AUTHORIZED TO ISSUE SUCH PRESCRIPTION SHALL BE ON  A  PRESCRIPTION  FORM
 WHICH  AUTHORIZES  THE  DISPENSING  OR COMPOUNDING OF ANY OTHER DRUG. NO
 DRUG SHALL BE DISPENSED BY A  PHARMACIST  WHEN  SUCH  PRESCRIPTION  FORM
 INCLUDES ANY OTHER DRUG.
   B.  WITH  RESPECT  TO  DRUGS  OTHER  THAN  CONTROLLED  SUBSTANCES, THE
 PROVISIONS OF THIS SUBDIVISION SHALL NOT APPLY TO  PHARMACISTS  EMPLOYED
 BY  OR  PROVIDING  SERVICES UNDER CONTRACT TO GENERAL HOSPITALS, NURSING
 HOMES, RESIDENTIAL HEALTH CARE FACILITIES AS DEFINED IN SECTION  TWENTY-
 EIGHT  HUNDRED  ONE OF THIS CHAPTER, HOSPITALS AS DEFINED IN SUBDIVISION
 TEN OF SECTION 1.03 OF THE MENTAL HYGIENE LAW, OR FACILITIES OPERATED BY
 THE OFFICE FOR PEOPLE  WITH  DEVELOPMENTAL  DISABILITIES,  WHO  DISPENSE
 DRUGS  IN  THE  COURSE  OF SAID EMPLOYMENT OR IN THE COURSE OF PROVIDING
 SUCH SERVICES UNDER CONTRACT. WITH RESPECT  TO  SUCH  PHARMACISTS,  EACH
 PRESCRIPTION  SHALL  BE  TRANSCRIBED  ON A PATIENT SPECIFIC PRESCRIPTION
 FORM.
   8. EVERY PRESCRIPTION, WHETHER OR  NOT  FOR  A  CONTROLLED  SUBSTANCE,
 WRITTEN  IN THIS STATE BY A PERSON AUTHORIZED TO ISSUE SUCH PRESCRIPTION
 AND CONTAINING THE PRESCRIBER'S SIGNATURE SHALL,  IN  ADDITION  TO  SUCH
 SIGNATURE,  BE  IMPRINTED  OR STAMPED LEGIBLY AND CONSPICUOUSLY WITH THE
 PRINTED NAME OF THE PRESCRIBER WHO  HAS  SIGNED  THE  PRESCRIPTION.  THE
 IMPRINTED  OR  STAMPED NAME OF THE SIGNING PRESCRIBER SHALL APPEAR IN AN
 APPROPRIATE LOCATION ON THE PRESCRIPTION FORM AND SHALL NOT  BE  ENTERED
 S. 4007--A                         345                        A. 3007--A
 
 IN  OR  UPON  ANY SPACE OR LINE RESERVED FOR THE PRESCRIBER'S SIGNATURE.
 THE IMPRINTED OR STAMPED NAME SHALL NOT BE EMPLOYED AS A SUBSTITUTE FOR,
 OR  FULFILL  ANY  LEGAL  REQUIREMENT  OTHERWISE   MANDATING   THAT   THE
 PRESCRIPTION BE SIGNED BY THE PRESCRIBER.
   9.  NO  PERSON, CORPORATION, ASSOCIATION OR OTHER ENTITY, NOT LICENSED
 TO ISSUE A PRESCRIPTION PURSUANT TO THIS ARTICLE, SHALL WILLFULLY  CAUSE
 PRESCRIPTION  FORMS,  BLANKS OR FACSIMILES THEREOF TO BE DISSEMINATED TO
 ANY PERSON OTHER THAN A PERSON WHO IS LICENSED TO ISSUE  A  PRESCRIPTION
 PURSUANT  TO  THIS  ARTICLE.  A VIOLATION OF THIS SUBDIVISION SHALL BE A
 CLASS B MISDEMEANOR PUNISHABLE IN ACCORDANCE WITH THE PROVISIONS OF  THE
 PENAL LAW.
   10.  NOTWITHSTANDING  ANY OTHER PROVISION OF THIS SECTION OR ANY OTHER
 LAW TO THE CONTRARY, EFFECTIVE THREE YEARS SUBSEQUENT  TO  THE  DATE  ON
 WHICH  REGULATIONS  ESTABLISHING  STANDARDS FOR ELECTRONIC PRESCRIPTIONS
 ARE PROMULGATED BY THE COMMISSIONER PURSUANT  TO  SUBDIVISION  THREE  OF
 SECTION  TWO  HUNDRED  EIGHTY-ONE OF THIS CHAPTER, NO PRACTITIONER SHALL
 ISSUE ANY PRESCRIPTION IN THIS STATE, UNLESS SUCH PRESCRIPTION  IS  MADE
 BY  ELECTRONIC  PRESCRIPTION FROM THE PRACTITIONER TO A PHARMACY, EXCEPT
 FOR PRESCRIPTIONS: A. ISSUED BY VETERINARIANS; B. ISSUED OR DISPENSED IN
 CIRCUMSTANCES WHERE ELECTRONIC  PRESCRIBING  IS  NOT  AVAILABLE  DUE  TO
 TEMPORARY  TECHNOLOGICAL  OR  ELECTRICAL  FAILURE, AS SET FORTH IN REGU-
 LATION; C.  ISSUED BY PRACTITIONERS WHO HAVE  RECEIVED  A  WAIVER  OR  A
 RENEWAL  THEREOF  FOR A SPECIFIED PERIOD DETERMINED BY THE COMMISSIONER,
 NOT TO EXCEED ONE YEAR, FROM THE REQUIREMENT TO USE ELECTRONIC PRESCRIB-
 ING, PURSUANT TO A PROCESS ESTABLISHED IN REGULATION BY THE COMMISSIONER
 DUE TO ECONOMIC HARDSHIP, TECHNOLOGICAL LIMITATIONS THAT ARE NOT REASON-
 ABLY WITHIN THE  CONTROL  OF  THE  PRACTITIONER,  OR  OTHER  EXCEPTIONAL
 CIRCUMSTANCE  DEMONSTRATED  BY  THE PRACTITIONER; D. ISSUED BY A PRACTI-
 TIONER UNDER CIRCUMSTANCES  WHERE,  NOTWITHSTANDING  THE  PRACTITIONER'S
 PRESENT  ABILITY  TO MAKE AN ELECTRONIC PRESCRIPTION AS REQUIRED BY THIS
 SUBDIVISION, SUCH PRACTITIONER REASONABLY DETERMINES THAT  IT  WOULD  BE
 IMPRACTICAL FOR THE PATIENT TO OBTAIN SUBSTANCES PRESCRIBED BY ELECTRON-
 IC  PRESCRIPTION  IN  A  TIMELY  MANNER,  AND SUCH DELAY WOULD ADVERSELY
 IMPACT  THE  PATIENT'S  MEDICAL  CONDITION,  PROVIDED   THAT   IF   SUCH
 PRESCRIPTION  IS  FOR A CONTROLLED SUBSTANCE, THE QUANTITY THAT DOES NOT
 EXCEED A FIVE-DAY SUPPLY IF THE CONTROLLED SUBSTANCE WAS USED IN ACCORD-
 ANCE WITH THE DIRECTIONS FOR USE; OR E.  ISSUED BY A PRACTITIONER TO  BE
 DISPENSED BY A PHARMACY LOCATED OUTSIDE THE STATE, AS SET FORTH IN REGU-
 LATION.
   10-A.  A  PHARMACY  THAT  RECEIVES AN ELECTRONIC PRESCRIPTION FROM THE
 PERSON ISSUING THE PRESCRIPTION MAY, IF THE PRESCRIPTION  HAS  NOT  BEEN
 DISPENSED  AND  AT  THE REQUEST OF THE PATIENT OR A PERSON AUTHORIZED TO
 MAKE THE REQUEST ON BEHALF  OF  THE  PATIENT,  IMMEDIATELY  TRANSFER  OR
 FORWARD  SUCH  PRESCRIPTION TO AN ALTERNATIVE PHARMACY DESIGNATED BY THE
 REQUESTING PARTY.
   11. IN THE CASE OF A PRESCRIPTION ISSUED BY A PRACTITIONER UNDER PARA-
 GRAPH B OF SUBDIVISION TEN OF THIS SECTION, THE  PRACTITIONER  SHALL  BE
 REQUIRED   TO   INDICATE   IN  THE  PATIENT'S  HEALTH  RECORD  THAT  THE
 PRESCRIPTION WAS ISSUED OTHER THAN ELECTRONICALLY DUE TO TEMPORARY TECH-
 NOLOGICAL OR ELECTRICAL FAILURE.
   12. IN THE CASE OF A PRESCRIPTION ISSUED BY A PRACTITIONER UNDER PARA-
 GRAPH D OR E OF SUBDIVISION TEN OF THIS SECTION, THE PRACTITIONER SHALL,
 UPON ISSUING SUCH PRESCRIPTION, INDICATE IN THE PATIENT'S HEALTH  RECORD
 EITHER  THAT  THE  PRESCRIPTION  WAS  ISSUED  OTHER  THAN ELECTRONICALLY
 BECAUSE IT: A. WAS IMPRACTICAL TO ISSUE AN ELECTRONIC PRESCRIPTION IN  A
 TIMELY MANNER AND SUCH DELAY WOULD HAVE ADVERSELY IMPACTED THE PATIENT'S
 S. 4007--A                         346                        A. 3007--A
 
 MEDICAL  CONDITION,  OR  B.  WAS  TO  BE DISPENSED BY A PHARMACY LOCATED
 OUTSIDE THE STATE.
   13. THE WAIVER PROCESS ESTABLISHED IN REGULATION PURSUANT TO PARAGRAPH
 C  OF  SUBDIVISION TEN OF THIS SECTION SHALL PROVIDE THAT A PRACTITIONER
 PRESCRIBING UNDER A WAIVER MUST NOTIFY THE DEPARTMENT IN WRITING PROMPT-
 LY UPON GAINING THE CAPABILITY TO USE ELECTRONIC PRESCRIBING, AND THAT A
 WAIVER SHALL TERMINATE WITHIN A SPECIFIED PERIOD OF TIME AFTER THE PRAC-
 TITIONER GAINS SUCH CAPABILITY.
   14. NOTWITHSTANDING ANY OTHER PROVISION OF LAW  TO  THE  CONTRARY,  NO
 OUTSOURCING  FACILITY  MAY DISTRIBUTE OR DISPENSE ANY DRUG TO ANY PERSON
 PURSUANT TO A PRESCRIPTION UNLESS IT IS ALSO REGISTERED AS A PHARMACY IN
 THIS STATE AND MEETS ALL OTHER APPLICABLE REQUIREMENTS  OF  FEDERAL  AND
 STATE LAW.
   15.  NOTWITHSTANDING ANY OTHER PROVISIONS OF THIS SECTION OR ANY OTHER
 LAW TO THE CONTRARY, A PRACTITIONER  SHALL  NOT  BE  REQUIRED  TO  ISSUE
 PRESCRIPTIONS  ELECTRONICALLY  IF HE OR SHE CERTIFIES TO THE DEPARTMENT,
 IN A MANNER SPECIFIED BY THE DEPARTMENT, THAT HE OR SHE WILL  NOT  ISSUE
 MORE  THAN  TWENTY-FIVE  PRESCRIPTIONS  DURING  A  TWELVE-MONTH  PERIOD.
 PRESCRIPTIONS  IN  BOTH  ORAL  AND  WRITTEN  FORM  FOR  BOTH  CONTROLLED
 SUBSTANCES  AND NON-CONTROLLED SUBSTANCES SHALL BE INCLUDED IN DETERMIN-
 ING WHETHER  THE  PRACTITIONER  WILL  REACH  THE  LIMIT  OF  TWENTY-FIVE
 PRESCRIPTIONS.
   A.  A  CERTIFICATION SHALL BE SUBMITTED IN ADVANCE OF THE TWELVE-MONTH
 CERTIFICATION PERIOD, EXCEPT THAT A TWELVE-MONTH CERTIFICATION SUBMITTED
 ON OR BEFORE JULY FIRST, TWO THOUSAND SIXTEEN, MAY BEGIN  MARCH  TWENTY-
 SEVENTH, TWO THOUSAND SIXTEEN.
   B.  A PRACTITIONER WHO HAS MADE A CERTIFICATION UNDER THIS SUBDIVISION
 MAY SUBMIT AN ADDITIONAL CERTIFICATION ON OR BEFORE  THE  EXPIRATION  OF
 THE  CURRENT  TWELVE-MONTH  CERTIFICATION PERIOD, FOR A MAXIMUM OF THREE
 TWELVE-MONTH CERTIFICATIONS.
   C. A PRACTITIONER MAY MAKE  A  CERTIFICATION  UNDER  THIS  SUBDIVISION
 REGARDLESS  OF  WHETHER HE OR SHE HAS PREVIOUSLY RECEIVED A WAIVER UNDER
 PARAGRAPH C OF SUBDIVISION TEN OF THIS SECTION.
   § 6811. MISDEMEANORS. IT SHALL BE A CLASS A MISDEMEANOR FOR:
   1. ANY PERSON KNOWINGLY OR  INTENTIONALLY  TO  PREVENT  OR  REFUSE  TO
 PERMIT ANY BOARD MEMBER OR DEPARTMENT REPRESENTATIVE TO ENTER A PHARMACY
 OR ANY OTHER ESTABLISHMENT FOR THE PURPOSE OF LAWFUL INSPECTION;
   2.  ANY PERSON WHOSE LICENSE HAS BEEN REVOKED TO REFUSE TO DELIVER THE
 LICENSE;
   3. ANY PHARMACIST TO DISPLAY HIS OR HER LICENSE OR  PERMIT  IT  TO  BE
 DISPLAYED  IN A PHARMACY OF WHICH HE OR SHE IS NOT THE OWNER OR IN WHICH
 HE OR SHE IS NOT EMPLOYED, OR ANY OWNER TO FAIL TO DISPLAY IN HIS OR HER
 PHARMACY THE LICENSE OF THE PHARMACIST EMPLOYED IN SUCH PHARMACY;
   4. ANY HOLDER OF A LICENSE TO FAIL TO DISPLAY THE LICENSE;
   5. ANY OWNER OF A PHARMACY TO DISPLAY OR PERMIT TO BE DISPLAYED IN HIS
 OR HER PHARMACY THE LICENSE OF ANY PHARMACIST NOT EMPLOYED IN SUCH PHAR-
 MACY;
   6. ANY PERSON TO CARRY ON, CONDUCT OR TRANSACT BUSINESS UNDER  A  NAME
 WHICH  CONTAINS  AS A PART THEREOF THE WORDS "DRUGS", "MEDICINES", "DRUG
 STORE", "APOTHECARY", OR "PHARMACY", OR SIMILAR TERMS OR COMBINATION  OF
 TERMS,  OR  IN  ANY  MANNER  BY ADVERTISEMENT, CIRCULAR, POSTER, SIGN OR
 OTHERWISE DESCRIBE OR REFER TO THE PLACE OF BUSINESS CONDUCTED  BY  SUCH
 PERSON,  OR  DESCRIBE  THE  TYPE OF SERVICE OR CLASS OF PRODUCTS SOLD BY
 SUCH PERSON, BY THE TERMS "DRUGS", "MEDICINE",  "DRUG  STORE",  "APOTHE-
 CARY",  OR  "PHARMACY",  UNLESS  THE PLACE OF BUSINESS SO CONDUCTED IS A
 PHARMACY LICENSED BY THE DEPARTMENT;
 S. 4007--A                         347                        A. 3007--A
 
   7. ANY PERSON TO ENTER INTO AN AGREEMENT WITH  A  PHYSICIAN,  DENTIST,
 PODIATRIST  OR  VETERINARIAN FOR THE COMPOUNDING OR DISPENSING OF SECRET
 FORMULA (CODED) PRESCRIPTIONS;
   8. ANY PERSON TO MANUFACTURE, SELL, DELIVER FOR SALE, HOLD FOR SALE OR
 OFFER  FOR  SALE  OF ANY DRUG, DEVICE OR COSMETIC THAT IS ADULTERATED OR
 MISBRANDED;
   9. ANY PERSON TO ADULTERATE OR MISBRAND ANY DRUG, DEVICE OR COSMETIC;
   10. ANY PERSON TO RECEIVE IN COMMERCE ANY  DRUG,  DEVICE  OR  COSMETIC
 THAT  IS  ADULTERATED  OR MISBRANDED, AND TO DELIVER OR PROFFER DELIVERY
 THEREOF FOR PAY OR OTHERWISE;
   11. ANY PERSON TO SELL, DELIVER FOR SALE, HOLD FOR SALE, OR OFFER  FOR
 SALE ANY DRUG, DEVICE OR COSMETIC IN VIOLATION OF THIS TITLE;
   12. ANY PERSON TO DISSEMINATE ANY FALSE ADVERTISEMENT;
   13.  ANY  PERSON TO REFUSE TO PERMIT ENTRY OR INSPECTION AS AUTHORIZED
 BY THIS TITLE;
   14. ANY PERSON TO FORGE, COUNTERFEIT, SIMULATE, OR FALSELY  REPRESENT,
 OR  WITHOUT  PROPER AUTHORITY USING ANY MARK, STAMP, TAG, LABEL OR OTHER
 IDENTIFICATION DEVICE AUTHORIZED OR REQUIRED BY  RULES  AND  REGULATIONS
 PROMULGATED UNDER THE PROVISIONS OF THIS TITLE;
   15.  ANY  PERSON TO USE FOR HIS OR HER OWN ADVANTAGE, OR REVEAL, OTHER
 THAN TO THE COMMISSIONER OR HIS OR HER DULY  AUTHORIZED  REPRESENTATIVE,
 OR  TO  THE  COURTS WHEN RELEVANT IN ANY JUDICIAL PROCEEDINGS UNDER THIS
 TITLE, ANY  INFORMATION  ACQUIRED  UNDER  AUTHORITY  OF  THIS  TITLE  OR
 CONCERNING ANY METHOD OR PROCESS, WHICH IS A TRADE SECRET;
   16.  ANY  PERSON TO ALTER, MUTILATE, DESTROY, OBLITERATE OR REMOVE THE
 WHOLE OR ANY PART OF THE LABELING OF, OR THE DOING OF ANY OTHER ACT WITH
 RESPECT TO A DRUG, DEVICE, OR COSMETIC, IF SUCH ACT IS DONE  WHILE  SUCH
 ARTICLE IS HELD FOR SALE AND RESULTS IN SUCH ARTICLE BEING MISBRANDED;
   17. ANY PERSON TO VIOLATE ANY OF THE PROVISIONS OF SECTION SIXTY-EIGHT
 HUNDRED TEN OF THIS TITLE;
   18. ANY PERSON TO VIOLATE ANY OF THE PROVISIONS OF SECTION SIXTY-EIGHT
 HUNDRED SIXTEEN OF THIS TITLE;
   19.  ANY PERSON, TO SELL AT RETAIL OR GIVE AWAY IN TABLET FORM BICHLO-
 RIDE OF MERCURY, MERCURIC CHLORIDE OR CORROSIVE SUBLIMATE,  UNLESS  SUCH
 BICHLORIDE OF MERCURY, MERCURIC CHLORIDE OR CORROSIVE SUBLIMATE, WHEN SO
 SOLD,  OR GIVEN AWAY, SHALL CONFORM TO THE PROVISIONS OF NATIONAL FORMU-
 LARY XII. NOTHING CONTAINED IN THIS  PARAGRAPH  SHALL  BE  CONSTRUED  TO
 PROHIBIT  THE  SALE AND DISPENSING OF BICHLORIDE OF MERCURY IN ANY FORM,
 SHAPE, OR COLOR, WHEN COMBINED OR COMPOUNDED  WITH  ONE  OR  MORE  OTHER
 DRUGS  OR  EXCIPIENTS,  FOR THE PURPOSES OF INTERNAL MEDICATION ONLY, OR
 WHEN SOLD IN BULK IN POWDER FORM, OR TO ANY PREPARATION CONTAINING  ONE-
 TENTH OF A GRAIN OR LESS OF BICHLORIDE OF MERCURY;
   20. ANY PHARMACY TO FAIL TO PROPERLY POST THE LIST REQUIRED BY SECTION
 SIXTY-EIGHT HUNDRED TWENTY-SIX OF THIS TITLE;
   21.  ANY PHARMACY TO CHANGE ITS CURRENT SELLING PRICE WITHOUT CHANGING
 THE LISTED PRICE AS PROVIDED BY SECTION SIXTY-EIGHT  HUNDRED  TWENTY-SIX
 OF THIS TITLE;
   22.  ANY PERSON TO REFUSE TO PERMIT ACCESS TO OR COPYING OF ANY RECORD
 AS REQUIRED BY THIS TITLE;
   23. ANY MANUFACTURER TO SELL OR OFFER FOR SALE ANY DRUG  NOT  MANUFAC-
 TURED,  PREPARED OR COMPOUNDED UNDER THE PERSONAL SUPERVISION OF A CHEM-
 IST OR LICENSED PHARMACIST OR NOT LABELED WITH  THE  FULL  NAME  OF  THE
 MANUFACTURER OR SELLER; OR
   24. ANY OUTSOURCING FACILITY TO SELL OR OFFER TO SELL ANY DRUG THAT IS
 NOT BOTH COMPOUNDED UNDER THE PERSONAL SUPERVISION OF A LICENSED PHARMA-
 CIST AND LABELED WITH THE FULL NAME OF THE OUTSOURCING FACILITY.
 S. 4007--A                         348                        A. 3007--A
 
   §  6812.  SPECIAL  PROVISIONS.  1.  WHERE  ANY PHARMACY, MANUFACTURER,
 WHOLESALER OR OUTSOURCING  FACILITY  REGISTERED  BY  THE  DEPARTMENT  IS
 DAMAGED  BY  FIRE  THE BOARD SHALL BE NOTIFIED WITHIN A PERIOD OF FORTY-
 EIGHT HOURS, AND THE BOARD SHALL HAVE POWER TO  IMPOUND  ALL  DRUGS  FOR
 ANALYSIS  AND  CONDEMNATION, IF FOUND UNFIT FOR USE. WHERE A PHARMACY IS
 DISCONTINUED, THE OWNER OF ITS PRESCRIPTION  RECORDS  SHALL  NOTIFY  THE
 DEPARTMENT AS TO THE DISPOSITION OF SAID PRESCRIPTION RECORDS, AND IN NO
 CASE  SHALL  RECORDS  BE  SOLD  OR  GIVEN  AWAY TO A PERSON WHO DOES NOT
 CURRENTLY POSSESS A REGISTRATION TO OPERATE A PHARMACY.
   2. NOTHING IN THIS TITLE SHALL BE CONSTRUED AS  REQUIRING  THE  PROSE-
 CUTION OR THE INSTITUTION OF INJUNCTION PROCEEDINGS FOR MINOR VIOLATIONS
 OF  THIS TITLE WHENEVER THE PUBLIC INTEREST WILL BE ADEQUATELY SERVED BY
 A SUITABLE WRITTEN NOTICE OF WARNING.
   3. THE EXECUTIVE SECRETARY OF THE STATE BOARD OF PHARMACY  IS  AUTHOR-
 IZED TO CONDUCT EXAMINATIONS AND INVESTIGATIONS FOR THE PURPOSES OF THIS
 TITLE  THROUGH  OFFICERS  AND EMPLOYEES OF THE UNITED STATES, OR THROUGH
 ANY HEALTH, FOOD, OR DRUG OFFICER OR EMPLOYEE OF  ANY  CITY,  COUNTY  OR
 OTHER POLITICAL SUBDIVISION OF THIS STATE.
   §  6813. SEIZURE. 1. ANY DRUG, DEVICE OR COSMETIC THAT IS ADULTERATED,
 MISBRANDED OR MAY NOT BE SOLD UNDER THE PROVISIONS OF THIS CHAPTER,  MAY
 BE  SEIZED  ON  PETITION  OR COMPLAINT OF THE BOARD AND CONDEMNED IN THE
 SUPREME COURT OF ANY COUNTY IN WHICH IT IS FOUND. SEIZURE SHALL BE MADE:
   A. BY PROCESS PURSUANT TO THE PETITION OR COMPLAINT, OR
   B. IF THE SECRETARY OR OTHER OFFICER DESIGNATED  BY  HIM  OR  HER  HAS
 PROBABLE CAUSE TO BELIEVE THAT THE ARTICLE:
   (I) IS ADULTERATED; OR
   (II)  IS SO MISBRANDED AS TO BE DANGEROUS TO HEALTH. THE ARTICLE SHALL
 BE SEIZED BY ORDER OF SUCH OFFICER. THE ORDER SHALL DESCRIBE THE ARTICLE
 TO BE SEIZED, THE PLACE WHERE THE ARTICLE IS LOCATED, AND THE OFFICER OR
 EMPLOYEE MAKING THE SEIZURE.   THE OFFICER, IN  LIEU  OF  TAKING  ACTUAL
 POSSESSION,  MAY AFFIX A TAG OR OTHER APPROPRIATE MARKING TO THE ARTICLE
 GIVING NOTICE THAT THE ARTICLE HAS  BEEN  QUARANTINED  AND  WARNING  ALL
 PERSONS  NOT  TO  REMOVE  OR  DISPOSE  OF  IT BY SALE OR OTHERWISE UNTIL
 PERMISSION FOR REMOVAL OR DISPOSAL IS GIVEN BY THE OFFICER OR THE COURT.
 IN CASE OF SEIZURES OR QUARANTINE, PURSUANT TO SUCH ORDER, THE JURISDIC-
 TION OF SUCH COURT SHALL ATTACH UPON SUCH SEIZURE OR QUARANTINE,  AND  A
 PETITION OR COMPLAINT FOR CONDEMNATION SHALL BE FILED PROMPTLY.
   2. THE PROCEDURE FOR CASES UNDER THIS SECTION SHALL CONFORM AS MUCH AS
 POSSIBLE  TO  THE  PROCEDURE FOR ATTACHMENT. ANY ISSUE OF FACT JOINED IN
 ANY CASE UNDER THIS SECTION SHALL BE TRIED BY  JURY  ON  THE  DEMAND  OF
 EITHER  PARTY. THE COURT AT ANY TIME AFTER SEIZURE AND UP TO THE TIME OF
 TRIAL SHALL ALLOW BY ORDER ANY PARTY OR HIS OR HER AGENT OR ATTORNEY  TO
 OBTAIN A REPRESENTATIVE SAMPLE OF THE CONDEMNED MATERIAL, A TRUE COPY OF
 THE  ANALYSIS  ON  WHICH  THE  PROCEEDING WAS BASED, AND THE IDENTIFYING
 MARKS OR NUMBERS, IF  ANY,  ON  THE  PACKAGES  FROM  WHICH  THE  SAMPLES
 ANALYZED WERE OBTAINED.
   3.  ANY DRUG, DEVICE OR COSMETIC CONDEMNED UNDER THIS SECTION SHALL BE
 DISPOSED OF BY DESTRUCTION OR SALE AS THE COURT  MAY  DIRECT  AFTER  THE
 DECREE  IN  ACCORDANCE WITH THE PROVISIONS OF THIS SECTION. THE PROCEEDS
 OF THE SALE, IF ANY,  SHALL  BE  PAID  INTO  THE  STATE  TREASURY  AFTER
 DEDUCTION  FOR  LEGAL  COSTS  AND  CHARGES. HOWEVER, THE DRUG, DEVICE OR
 COSMETIC SHALL NOT BE SOLD CONTRARY TO THE  PROVISIONS  OF  THIS  TITLE.
 AFTER  ENTRY  OF THE DECREE, IF THE OWNER OF THE CONDEMNED ARTICLES PAYS
 THE COSTS OF THE PROCEEDING AND POSTS A SUFFICIENT BOND AS SECURITY THAT
 THE ARTICLES WILL NOT BE DISPOSED OF CONTRARY TO THE PROVISIONS OF  THIS
 TITLE,  THE COURT MAY BY ORDER DIRECT THAT THE SEIZED ARTICLES BE DELIV-
 S. 4007--A                         349                        A. 3007--A
 
 ERED TO THE OWNER TO BE DESTROYED OR BROUGHT INTO CONFORMANCE WITH  THIS
 TITLE  UNDER  SUPERVISION  OF THE SECRETARY.  THE EXPENSES OF THE SUPER-
 VISION SHALL BE BORNE BY THE PERSON OBTAINING THE  RELEASE  UNDER  BOND.
 ANY  DRUG  CONDEMNED  BY REASON OF ITS BEING A NEW DRUG WHICH MAY NOT BE
 SOLD UNDER THIS TITLE SHALL BE DISPOSED OF BY DESTRUCTION.
   4. WHEN THE DECREE OF CONDEMNATION IS ENTERED, COURT COSTS  AND  FEES,
 STORAGE  AND  OTHER EXPENSE SHALL BE AWARDED AGAINST THE PERSON, IF ANY,
 INTERVENING AS CLAIMANT OF THE CONDEMNED ARTICLES.
   5. IN ANY PROCEEDING AGAINST THE BOARD, OR THE SECRETARY, OR AN  AGENT
 OF  EITHER,  BECAUSE  OF SEIZURE, OR QUARANTINE, UNDER THIS SECTION, THE
 BOARD, OR THE SECRETARY, OR SUCH AGENT SHALL NOT BE LIABLE IF THE  COURT
 FINDS THAT THERE WAS PROBABLE CAUSE FOR THE ACTS DONE BY THEM.
   §  6814.  RECORDS OF SHIPMENT. FOR THE PURPOSE OF ENFORCING PROVISIONS
 OF THIS TITLE, CARRIERS  ENGAGED  IN  COMMERCE,  AND  PERSONS  RECEIVING
 DRUGS,  DEVICES  OR  COSMETICS  IN  COMMERCE OR HOLDING SUCH ARTICLES SO
 RECEIVED, SHALL, UPON THE REQUEST OF AN OFFICER  DULY  ASSIGNED  BY  THE
 SECRETARY,  PERMIT  SUCH OFFICER, AT REASONABLE TIMES, TO HAVE ACCESS TO
 AND TO COPY ALL RECORDS SHOWING THE MOVEMENT IN COMMERCE  OF  ANY  DRUG,
 DEVICE  OR  COSMETIC,  OR THE HOLDING THEREOF DURING OR AFTER SUCH MOVE-
 MENT, AND THE QUANTITY, SHIPPER, AND CONSIGNEE THEREOF; AND IT SHALL  BE
 UNLAWFUL FOR ANY SUCH CARRIER OR PERSON TO FAIL TO PERMIT SUCH ACCESS TO
 AND  COPYING OF ANY SUCH RECORD SO REQUESTED WHEN SUCH REQUEST IS ACCOM-
 PANIED BY A STATEMENT IN WRITING SPECIFYING THE NATURE OR KIND OF  DRUG,
 DEVICE  OR  COSMETIC  TO  WHICH  SUCH  REQUEST  RELATES;  PROVIDED, THAT
 EVIDENCE OBTAINED UNDER THIS SECTION SHALL NOT BE  USED  IN  A  CRIMINAL
 PROSECUTION  OF  THE  PERSON  FROM WHOM OBTAINED; PROVIDED FURTHER, THAT
 CARRIERS SHALL NOT BE SUBJECT TO THE OTHER PROVISIONS OF THIS  TITLE  BY
 REASON OF THEIR RECEIPT, CARRIAGE, HOLDING OR DELIVERY OF DRUGS, DEVICES
 OR COSMETICS IN THE USUAL COURSE OF BUSINESS AS CARRIERS.
   §  6815.  ADULTERATING,  MISBRANDING  AND  SUBSTITUTING.  1. ADULTERED
 DRUGS. A DRUG OR DEVICE SHALL BE DEEMED TO BE ADULTERATED:
   A. (I) IF IT CONSISTS IN WHOLE OR IN PART OF ANY  FILTHY,  PUTRID,  OR
 DECOMPOSED  SUBSTANCE;  OR (II) IF IT HAS BEEN PREPARED, PACKED, OR HELD
 UNDER INSANITARY CONDITIONS WHEREBY IT MAY HAVE BEEN  CONTAMINATED  WITH
 FILTH,  OR  WHEREBY  IT  MAY  HAVE BEEN RENDERED INJURIOUS TO HEALTH; OR
 (III) IF IT IS A DRUG AND ITS CONTAINER IS  COMPOSED,  IN  WHOLE  OR  IN
 PART,  OF  ANY  POISONOUS  OR DELETERIOUS SUBSTANCE WHICH MAY RENDER THE
 CONTENTS INJURIOUS TO HEALTH; OR (IV) IF IT IS A DRUG AND  IT  BEARS  OR
 CONTAINS, FOR PURPOSES OF COLORING ONLY, A COAL-TAR COLOR OTHER THAN ONE
 FROM  A  BATCH  THAT  HAS  BEEN CERTIFIED IN ACCORDANCE WITH REGULATIONS
 PROVIDED IN THIS TITLE.
   B. IF IT PURPORTS TO BE, OR IS REPRESENTED AS,  A  DRUG  THE  NAME  OF
 WHICH  IS RECOGNIZED IN AN OFFICIAL COMPENDIUM, AND ITS STRENGTH DIFFERS
 FROM, OR ITS QUALITY OR PURITY FALLS BELOW, THE STANDARD  SET  FORTH  IN
 SUCH  COMPENDIUM.  SUCH  DETERMINATION AS TO STRENGTH, QUALITY OR PURITY
 SHALL BE MADE IN ACCORDANCE WITH THE TESTS OR METHODS OF ASSAY SET FORTH
 IN SUCH COMPENDIUM, OR, IN THE ABSENCE OR INADEQUACY OF  SUCH  TESTS  OR
 METHODS  OF  ASSAY,  THEN  IN  ACCORDANCE WITH TESTS OR METHODS OF ASSAY
 PRESCRIBED BY REGULATIONS OF THE BOARD OF PHARMACY AS PROMULGATED  UNDER
 THIS TITLE. DEVIATIONS FROM THE OFFICIAL ASSAYS MAY BE MADE IN THE QUAN-
 TITIES OF SAMPLES AND REAGENTS EMPLOYED, PROVIDED THEY ARE IN PROPORTION
 TO  THE QUANTITIES STATED IN THE OFFICIAL COMPENDIUM. NO DRUG DEFINED IN
 AN OFFICIAL COMPENDIUM SHALL BE DEEMED  TO  BE  ADULTERATED  UNDER  THIS
 PARAGRAPH  BECAUSE  (I) IT EXCEEDS THE STANDARD OF STRENGTH THEREFOR SET
 FORTH IN SUCH COMPENDIUM, IF SUCH DIFFERENCE IS PLAINLY  STATED  ON  ITS
 LABEL;  OR  (II)  IT  FALLS  BELOW THE STANDARD OF STRENGTH, QUALITY, OR
 S. 4007--A                         350                        A. 3007--A
 
 PURITY THEREFOR SET FORTH IN  SUCH  COMPENDIUM  IF  SUCH  DIFFERENCE  IS
 PLAINLY  STATED  ON ITS LABEL, EXCEPT THAT THIS SUBPARAGRAPH SHALL APPLY
 ONLY TO SUCH DRUGS, OR CLASSES OF DRUGS, AS ARE SPECIFIED IN REGULATIONS
 WHICH  THE BOARD SHALL PROMULGATE WHEN, AS APPLIED TO ANY DRUG, OR CLASS
 OF DRUGS, THE PROHIBITION OF SUCH DIFFERENCE IS NOT  NECESSARY  FOR  THE
 PROTECTION  OF  THE PUBLIC HEALTH. WHENEVER A DRUG IS RECOGNIZED IN BOTH
 THE UNITED STATES PHARMACOPOEIA AND THE HOMEOPATHIC PHARMACOPOEIA OF THE
 UNITED STATES, IT SHALL BE SUBJECT TO THE  REQUIREMENTS  OF  THE  UNITED
 STATES  PHARMACOPOEIA  UNLESS  IT  IS  LABELED AND OFFERED FOR SALE AS A
 HOMEOPATHIC DRUG, IN WHICH CASE IT SHALL BE SUBJECT TO THE PROVISIONS OF
 THE HOMEOPATHIC PHARMACOPOEIA OF THE UNITED STATES AND NOT TO  THOSE  OF
 THE UNITED STATES PHARMACOPOEIA.
   C.  IF  IT  IS  NOT  SUBJECT  TO THE PROVISIONS OF PARAGRAPH B OF THIS
 SUBDIVISION AND ITS STRENGTH DIFFERS FROM,  OR  ITS  PURITY  OR  QUALITY
 FALLS BELOW, THAT WHICH IT PURPORTS OR IS REPRESENTED TO POSSESS.
   D.  IF  IT  IS  A  DRUG AND ANY SUBSTANCE HAS BEEN (I) MIXED OR PACKED
 THEREWITH SO AS TO REDUCE ITS QUALITY OR STRENGTH  OR  (II)  SUBSTITUTED
 WHOLLY OR IN PART THEREFOR.
   E.  IF IT IS SOLD UNDER OR BY A NAME NOT RECOGNIZED IN OR ACCORDING TO
 A FORMULA NOT GIVEN IN THE UNITED STATES PHARMACOPOEIA OR  THE  NATIONAL
 FORMULARY  BUT THAT IS FOUND IN SOME OTHER STANDARD WORK ON PHARMACOLOGY
 RECOGNIZED BY THE BOARD, AND IT DIFFERS IN STRENGTH, QUALITY  OR  PURITY
 FROM THE STRENGTH, QUALITY OR PURITY REQUIRED, OR THE FORMULA PRESCRIBED
 IN, THE STANDARD WORK.
   2.  MISBRANDED  AND  SUBSTITUTED  DRUGS  AND DEVICES. A DRUG OR DEVICE
 SHALL BE DEEMED TO BE MISBRANDED:
   A. IF ITS LABELING IS FALSE OR MISLEADING IN ANY PARTICULAR.
   B. IF IN PACKAGE FORM, UNLESS IT BEARS A  LABEL  CONTAINING:  (I)  THE
 NAME  AND PLACE OF BUSINESS OF THE MANUFACTURER, PACKER, OR DISTRIBUTOR,
 AND (II) AN ACCURATE STATEMENT OF THE QUANTITY OF THE CONTENTS IN  TERMS
 OF  WEIGHT,  MEASURE,  OR NUMERICAL COUNT; PROVIDED, THAT UNDER SUBPARA-
 GRAPH (II) OF THIS PARAGRAPH THE BOARD MAY  ESTABLISH  REASONABLE  VARI-
 ATIONS AS TO QUANTITY AND EXEMPTIONS AS TO SMALL PACKAGES.
   C.  IF  ANY WORD, STATEMENT, OR OTHER INFORMATION REQUIRED BY OR UNDER
 AUTHORITY OF THIS TITLE TO APPEAR ON THE LABEL OR LABELING IS NOT PROMI-
 NENTLY PLACED THEREON WITH SUCH CONSPICUOUSNESS, AS COMPARED WITH  OTHER
 WORDS,  STATEMENTS,  DESIGNS,  OR  DEVICES, IN THE LABELING, AND IN SUCH
 TERMS AS TO RENDER IT LIKELY TO BE READ AND UNDERSTOOD BY  THE  ORDINARY
 INDIVIDUAL UNDER CUSTOMARY CONDITIONS OF PURCHASE AND USE.
   D.  IF  IT IS FOR USE BY MAN AND CONTAINS ANY QUANTITY OF THE NARCOTIC
 OR HYPNOTIC SUBSTANCE ALPHA  EUCAINE,  BARBITURIC  ACID,  BETA  EUCAINE,
 BROMAL,  CANNABIS,  CARBROMAL,  CHLORAL, COCA, COCAINE, CODEINE, HEROIN,
 MARIHUANA, MORPHINE, OPIUM, PARALDEHYDE, PEYOTE, OR  SULPHONMETHANE;  OR
 ANY  CHEMICAL DERIVATIVE OF SUCH SUBSTANCE, WHICH DERIVATIVE HAS BEEN BY
 THE SECRETARY, AFTER INVESTIGATION, FOUND  TO  BE,  AND  BY  REGULATIONS
 UNDER THIS TITLE, OR BY REGULATIONS PROMULGATED BY THE BOARD, DESIGNATED
 AS,  HABIT  FORMING;  UNLESS  ITS  LABEL BEARS THE NAME AND QUANTITY, OR
 PROPORTION, OF SUCH SUBSTANCE OR DERIVATIVE AND IN JUXTAPOSITION  THERE-
 WITH THE STATEMENT "WARNING--MAY BE HABIT FORMING".
   E.  IF  IT IS A DRUG AND IS NOT DESIGNATED SOLELY BY A NAME RECOGNIZED
 IN AN OFFICIAL COMPENDIUM UNLESS ITS LABEL  BEARS:  (I)  THE  COMMON  OR
 USUAL  NAME OF THE DRUG, IF SUCH THERE BE, AND (II) IN CASE IT IS FABRI-
 CATED FROM TWO OR MORE INGREDIENTS, THE COMMON OR  USUAL  NAME  OF  EACH
 ACTIVE  INGREDIENT,  INCLUDING  THE  KIND  AND QUANTITY BY PERCENTAGE OR
 AMOUNT OF ANY ALCOHOL, AND ALSO INCLUDING, WHETHER ACTIVE  OR  NOT,  THE
 NAME  AND  QUANTITY  OR  PROPORTION  OF ANY BROMIDES, ETHER, CHLOROFORM,
 S. 4007--A                         351                        A. 3007--A
 
 ACETANILID, ACETPHENETIDIN, AMIDOPYRINE, ANTIPYRINE, ATROPINE, HYOSCINE,
 HYOSCYAMINE, ARSENIC, DIGITALIS, DIGITALIS GLUCOSIDES, MERCURY, OUABAIN,
 STROPHANTHIN, STRYCHNINE, THYROID, OR ANY DERIVATIVE OR  PREPARATION  OF
 ANY  SUCH  SUBSTANCES,  CONTAINED  THEREIN; PROVIDED THAT, TO THE EXTENT
 THAT COMPLIANCE WITH THE REQUIREMENTS OF SUBPARAGRAPH (II) OF THIS PARA-
 GRAPH IS IMPRACTICABLE, EXEMPTIONS SHALL BE ESTABLISHED  BY  REGULATIONS
 PROMULGATED BY THE BOARD.
   F. UNLESS ITS LABELING BEARS: (I) ADEQUATE DIRECTIONS FOR USE, AND
   (II)  SUCH  ADEQUATE WARNINGS AGAINST USE IN THOSE PATHOLOGICAL CONDI-
 TIONS OR BY CHILDREN WHERE ITS  USE  MAY  BE  DANGEROUS  TO  HEALTH,  OR
 AGAINST UNSAFE DOSAGE OR METHODS OR DURATION OF ADMINISTRATION OR APPLI-
 CATION,  IN SUCH MANNER AND FORM, AS ARE NECESSARY FOR THE PROTECTION OF
 USERS; PROVIDED, THAT, WHERE ANY REQUIREMENT OF SUBPARAGRAPH (I) OF THIS
 PARAGRAPH, AS APPLIED TO ANY DRUG OR DEVICE, IS NOT  NECESSARY  FOR  THE
 PROTECTION  OF THE PUBLIC HEALTH, THE BOARD SHALL PROMULGATE REGULATIONS
 EXEMPTING SUCH DRUG OR DEVICE FROM SUCH REQUIREMENT.
   G. IF IT PURPORTS TO BE A DRUG THE NAME OF WHICH IS RECOGNIZED  IN  AN
 OFFICIAL  COMPENDIUM,  UNLESS  IT  IS PACKAGED AND LABELED AS PRESCRIBED
 THEREIN; PROVIDED, THAT, THE METHOD OF PACKING MAY BE MODIFIED WITH  THE
 CONSENT  OF  THE SECRETARY IN ACCORDANCE WITH REGULATIONS PROMULGATED BY
 THE BOARD. WHENEVER A DRUG IS RECOGNIZED IN BOTH THE UNITED STATES PHAR-
 MACOPOEIA AND THE HOMEOPATHIC PHARMACOPOEIA OF  THE  UNITED  STATES,  IT
 SHALL  BE SUBJECT TO THE REQUIREMENTS OF THE UNITED STATES PHARMACOPOEIA
 WITH RESPECT TO PACKAGING AND LABELING UNLESS IT IS LABELED AND  OFFERED
 FOR SALE AS A HOMEOPATHIC DRUG, IN WHICH CASE IT SHALL BE SUBJECT TO THE
 PROVISIONS  OF  THE  HOMEOPATHIC PHARMACOPOEIA OF THE UNITED STATES, AND
 NOT TO THOSE OF THE UNITED STATES PHARMACOPOEIA.
   H. (I) IF IT IS A DRUG AND ITS CONTAINER IS SO MADE, FORMED OR  FILLED
 AS  TO  BE MISLEADING; (II) IF IT IS AN IMITATION OF ANOTHER DRUG; (III)
 IF IT IS OFFERED FOR SALE UNDER THE NAME OF ANOTHER DRUG; OR (IV) IF  IT
 BEARS  A  COPY,  COUNTERFEIT,  OR  COLORABLE IMITATION OF THE TRADEMARK,
 LABEL, CONTAINER OR IDENTIFYING NAME OR DESIGN OF ANOTHER DRUG.
   I. IF IT IS DANGEROUS TO HEALTH WHEN USED IN THE DOSAGE, OR  WITH  THE
 FREQUENCY OR DURATION PRESCRIBED, RECOMMENDED OR SUGGESTED IN THE LABEL-
 ING THEREOF.
   J.  EXCEPT  AS  REQUIRED  BY ARTICLE THIRTY-THREE OF THIS CHAPTER, THE
 LABELING PROVISIONS OF THIS TITLE SHALL NOT APPLY TO THE COMPOUNDING AND
 DISPENSING OF DRUGS ON  THE  WRITTEN  PRESCRIPTION  OF  A  PHYSICIAN,  A
 DENTIST,  A PODIATRIST OR A VETERINARIAN, WHICH PRESCRIPTION WHEN FILLED
 SHALL BE KEPT ON FILE FOR AT LEAST FIVE YEARS BY THE PHARMACIST OR DRUG-
 GIST. SUCH DRUG SHALL BEAR A LABEL CONTAINING  THE  NAME  AND  PLACE  OF
 BUSINESS   OF   THE  DISPENSER,  THE  SERIAL  NUMBER  AND  DATE  OF  THE
 PRESCRIPTION, DIRECTIONS FOR USE AS MAY BE STATED IN  THE  PRESCRIPTION,
 NAME  AND  ADDRESS OF THE PATIENT AND THE NAME OF THE PHYSICIAN OR OTHER
 PRACTITIONER AUTHORIZED BY LAW TO ISSUE THE PRESCRIPTION.  IN  ADDITION,
 SUCH  LABEL SHALL CONTAIN THE PROPRIETARY OR BRAND NAME OF THE DRUG AND,
 IF APPLICABLE, THE STRENGTH OF THE CONTENTS, UNLESS THE  PERSON  ISSUING
 THE  PRESCRIPTION  EXPLICITLY  STATES ON THE PRESCRIPTION, IN HIS OR HER
 OWN HANDWRITING, THAT THE NAME OF THE  DRUG  AND  THE  STRENGTH  THEREOF
 SHOULD NOT APPEAR ON THE LABEL.
   §  6816.  OMITTING TO LABEL DRUGS, OR LABELING THEM WRONGLY. 1. A. ANY
 PERSON, WHO, IN PUTTING UP ANY DRUG, MEDICINE, OR  FOOD  OR  PREPARATION
 USED  IN MEDICAL PRACTICE, OR MAKING UP ANY PRESCRIPTION, OR FILLING ANY
 ORDER FOR DRUGS, MEDICINES, FOOD OR PREPARATION PUTS ANY  UNTRUE  LABEL,
 STAMP  OR  OTHER  DESIGNATION  OF CONTENTS UPON ANY BOX, BOTTLE OR OTHER
 PACKAGE CONTAINING A DRUG, MEDICINE, FOOD OR PREPARATION USED IN MEDICAL
 S. 4007--A                         352                        A. 3007--A
 
 PRACTICE, OR SUBSTITUTES OR DISPENSES A DIFFERENT ARTICLE FOR OR IN LIEU
 OF ANY ARTICLE PRESCRIBED, ORDERED, OR DEMANDED, EXCEPT  WHERE  REQUIRED
 PURSUANT TO SECTION SIXTY-EIGHT HUNDRED SIXTEEN-A OF THIS TITLE, OR PUTS
 UP  A GREATER OR LESSER QUANTITY OF ANY INGREDIENT SPECIFIED IN ANY SUCH
 PRESCRIPTION, ORDER OR DEMAND THAN THAT PRESCRIBED, ORDERED OR DEMANDED,
 EXCEPT WHERE REQUIRED PURSUANT TO PARAGRAPH (G) OF  SUBDIVISION  TWO  OF
 SECTION THREE HUNDRED SIXTY-FIVE-A OF THE SOCIAL SERVICES LAW, OR OTHER-
 WISE  DEVIATES  FROM  THE  TERMS OF THE PRESCRIPTION, ORDER OR DEMAND BY
 SUBSTITUTING ONE DRUG FOR ANOTHER, EXCEPT  WHERE  REQUIRED  PURSUANT  TO
 SECTION  SIXTY-EIGHT  HUNDRED  SIXTEEN-A  OF  THIS TITLE, IS GUILTY OF A
 MISDEMEANOR; PROVIDED, HOWEVER, THAT EXCEPT IN THE CASE  OF  PHYSICIANS'
 PRESCRIPTIONS,  NOTHING HEREIN CONTAINED SHALL BE DEEMED OR CONSTRUED TO
 PREVENT OR IMPAIR OR IN ANY MANNER AFFECT THE RIGHT  OF  AN  APOTHECARY,
 DRUGGIST,  PHARMACIST  OR  OTHER  PERSON TO RECOMMEND THE PURCHASE OF AN
 ARTICLE OTHER THAN THAT ORDERED, REQUIRED OR DEMANDED, BUT OF A  SIMILAR
 NATURE,  OR TO SELL SUCH OTHER ARTICLE IN PLACE OR IN LIEU OF AN ARTICLE
 ORDERED, REQUIRED OR DEMANDED, WITH THE KNOWLEDGE  AND  CONSENT  OF  THE
 PURCHASER.  UPON A SECOND CONVICTION FOR A VIOLATION OF THIS SECTION THE
 OFFENDER MUST BE SENTENCED TO THE PAYMENT OF A FINE NOT  TO  EXCEED  ONE
 THOUSAND  DOLLARS AND MAY BE SENTENCED TO IMPRISONMENT FOR A TERM NOT TO
 EXCEED ONE YEAR.  THE THIRD CONVICTION OF A  VIOLATION  OF  ANY  OF  THE
 PROVISIONS OF THIS SECTION, IN ADDITION TO RENDERING THE OFFENDER LIABLE
 TO  THE PENALTY PRESCRIBED BY LAW FOR A SECOND CONVICTION, SHALL FORFEIT
 ANY RIGHT WHICH HE OR SHE MAY POSSESS UNDER THE LAW OF THIS STATE AT THE
 TIME OF SUCH CONVICTION, TO ENGAGE AS  PROPRIETOR,  AGENT,  EMPLOYEE  OR
 OTHERWISE, IN THE BUSINESS OF AN APOTHECARY, PHARMACIST, OR DRUGGIST, OR
 TO  COMPOUND,  PREPARE  OR  DISPENSE  PRESCRIPTIONS OR ORDERS FOR DRUGS,
 MEDICINES OR FOODS OR PREPARATIONS USED IN  MEDICAL  PRACTICE;  AND  THE
 OFFENDER  SHALL BE BY REASON OF SUCH CONVICTION DISQUALIFIED FROM ENGAG-
 ING IN ANY SUCH BUSINESS AS PROPRIETOR, AGENT, EMPLOYEE OR OTHERWISE  OR
 COMPOUNDING, PREPARING OR DISPENSING MEDICAL PRESCRIPTIONS OR ORDERS FOR
 DRUGS, MEDICINES, OR FOODS OR PREPARATIONS USED IN MEDICAL PRACTICE.
   B. THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO THE PRACTICE OF A
 PRACTITIONER  WHO IS NOT THE PROPRIETOR OF A STORE FOR THE DISPENSING OR
 RETAILING OF DRUGS, MEDICINES AND POISONS, OR WHO IS NOT IN  THE  EMPLOY
 OF SUCH A PROPRIETOR, AND SHALL NOT PREVENT PRACTITIONERS FROM SUPPLYING
 THEIR PATIENTS WITH SUCH ARTICLES AS THEY MAY DEEM PROPER, AND EXCEPT AS
 TO  THE  LABELING OF POISONS SHALL NOT APPLY TO THE SALE OF MEDICINES OR
 POISONS AT WHOLESALE WHEN NOT FOR THE USE OR CONSUMPTION BY THE PURCHAS-
 ER; PROVIDED, HOWEVER, THAT THE SALE OF MEDICINES OR POISONS  AT  WHOLE-
 SALE  SHALL  CONTINUE  TO BE SUBJECT TO SUCH REGULATIONS AS FROM TIME TO
 TIME MAY BE LAWFULLY MADE BY THE BOARD OF PHARMACY OR BY  ANY  COMPETENT
 BOARD OF HEALTH.
   C. THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO A LIMITED PHARMA-
 CY WHICH PREPARES A FORMULARY CONTAINING THE BRAND NAMES AND THE GENERIC
 NAMES  OF  DRUGS  AND OF MANUFACTURERS WHICH IT STOCKS, PROVIDED THAT IT
 FURNISHES A COPY OF SUCH FORMULARY TO EACH PHYSICIAN ON  ITS  STAFF  AND
 THE  PHYSICIAN  SIGNS A STATEMENT AUTHORIZING THE HOSPITAL TO SUPPLY THE
 DRUG UNDER ANY GENERIC OR NON-PROPRIETARY NAME  LISTED  THEREIN  AND  IN
 CONFORMITY WITH THE REGULATIONS OF THE COMMISSIONER.
   2. FOR THE PURPOSES SET FORTH IN THIS SECTION, THE TERMS PRESCRIPTION,
 ORDER OR DEMAND SHALL APPLY ONLY TO THOSE ITEMS SUBJECT TO PROVISIONS OF
 SUBDIVISION  ONE  OF  SECTION SIXTY-EIGHT HUNDRED TEN OF THIS TITLE. THE
 WRITTEN ORDER OF A PHYSICIAN FOR ITEMS  NOT  SUBJECT  TO  PROVISIONS  OF
 SUBDIVISION  ONE  OF SECTION SIXTY-EIGHT HUNDRED TEN OF THIS TITLE SHALL
 BE CONSTRUED TO BE A DIRECTION, A FISCAL ORDER OR A VOUCHER.
 S. 4007--A                         353                        A. 3007--A
 
   § 6816-A. WHEN SUBSTITUTION IS REQUIRED. 1. A PHARMACIST SHALL SUBSTI-
 TUTE A LESS EXPENSIVE DRUG PRODUCT CONTAINING THE SAME  ACTIVE  INGREDI-
 ENTS,  DOSAGE  FORM AND STRENGTH AS THE DRUG PRODUCT PRESCRIBED, ORDERED
 OR DEMANDED, PROVIDED THAT THE FOLLOWING CONDITIONS ARE MET:
   A.  THE PRESCRIPTION IS WRITTEN ON A FORM WHICH MEETS THE REQUIREMENTS
 OF SUBDIVISION SIX OF SECTION SIXTY-EIGHT HUNDRED TEN OF THIS TITLE  AND
 THE  PRESCRIBER  DOES  NOT PROHIBIT SUBSTITUTION, OR IN THE CASE OF ORAL
 PRESCRIPTIONS, THE PRESCRIBER MUST EXPRESSLY STATE WHETHER  SUBSTITUTION
 IS  TO  BE  PERMITTED OR PROHIBITED. ANY ORAL PRESCRIPTION THAT DOES NOT
 INCLUDE SUCH AN EXPRESS STATEMENT SHALL NOT BE FILLED; AND
   B. THE SUBSTITUTED DRUG PRODUCT IS  CONTAINED  IN  THE  LIST  OF  DRUG
 PRODUCTS  ESTABLISHED  PURSUANT  TO  PARAGRAPH (O) OF SUBDIVISION ONE OF
 SECTION TWO HUNDRED SIX OF THIS CHAPTER; AND
   C. THE PHARMACIST SHALL INDICATE ON THE LABEL AFFIXED TO THE IMMEDIATE
 CONTAINER IN WHICH THE DRUG IS SOLD OR DISPENSED THE NAME  AND  STRENGTH
 OF  THE  DRUG PRODUCT AND ITS MANUFACTURER UNLESS THE PRESCRIBER SPECIF-
 ICALLY STATES OTHERWISE. THE PHARMACIST SHALL RECORD ON THE PRESCRIPTION
 FORM THE BRAND NAME OR THE NAME OF THE MANUFACTURER OF THE DRUG  PRODUCT
 DISPENSED.
   2.  IN THE EVENT A PATIENT CHOOSES TO HAVE A PRESCRIPTION FILLED BY AN
 OUT OF STATE DISPENSER, THE LAWS OF THAT STATE SHALL PREVAIL.
   3. A PHARMACIST SHALL SUBSTITUTE A LESS EXPENSIVE  BIOLOGICAL  PRODUCT
 FOR  A  PRESCRIBED BIOLOGICAL PRODUCT PROVIDED THAT ALL OF THE FOLLOWING
 CONDITIONS ARE MET:
   A. THE SUBSTITUTED BIOLOGICAL PRODUCT  IS  EITHER  AN  INTERCHANGEABLE
 BIOLOGICAL PRODUCT FOR THE PRESCRIBED PRODUCT OR THE SUBSTITUTED BIOLOG-
 ICAL PRODUCT IS ONE FOR WHICH THE PRESCRIBED PRODUCT IS AN INTERCHANGEA-
 BLE BIOLOGICAL PRODUCT;
   B. THE PRESCRIBER DOES NOT DESIGNATE THAT A SUBSTITUTION IS PROHIBITED
 AS  DESCRIBED  IN  SUBDIVISION SIX OF SECTION SIXTY-EIGHT HUNDRED TEN OF
 THIS TITLE; AND
   C. THE PHARMACIST INDICATES ON THE  LABEL  AFFIXED  TO  THE  IMMEDIATE
 CONTAINER  IN  WHICH  THE  BIOLOGICAL PRODUCT IS SOLD OR DISTRIBUTED THE
 NAME AND STRENGTH OF THE PRODUCT AND ITS MANUFACTURER UNLESS  THE  PRES-
 CRIBER SPECIFICALLY STATES OTHERWISE.
   4.  A. WITHIN FIVE BUSINESS DAYS FOLLOWING THE DISPENSING OF A SUBSTI-
 TUTED BIOLOGICAL PRODUCT, THE DISPENSING PHARMACIST OR THE  PHARMACIST'S
 DESIGNEE  SHALL  COMMUNICATE  TO  THE  PRESCRIBER  THE  SPECIFIC PRODUCT
 PROVIDED TO THE PATIENT, INCLUDING THE  NAME  OF  THE  PRODUCT  AND  THE
 MANUFACTURER.  THE COMMUNICATION SHALL BE CONVEYED TO THE PRESCRIBER (I)
 BY MAKING AN ENTRY THAT IS ELECTRONICALLY ACCESSIBLE TO  THE  PRESCRIBER
 THROUGH AN INTEROPERABLE ELECTRONIC MEDICAL RECORDS SYSTEM, AN ELECTRON-
 IC PRESCRIBING TECHNOLOGY OR A PHARMACY RECORD; OR (II) BY USING FACSIM-
 ILE, ELECTRONIC TRANSMISSION OR OTHER ELECTRONIC MEANS. IF AN ELECTRONIC
 MEANS  DESCRIBED IN THIS PARAGRAPH IS NOT AVAILABLE TO THE PHARMACIST AT
 THE TIME OF COMMUNICATION, THE DISPENSING PHARMACIST OR THE PHARMACIST'S
 DESIGNEE MAY COMMUNICATE THE INFORMATION BY TELEPHONE.
   B. COMMUNICATION UNDER PARAGRAPH A OF THIS SUBDIVISION  SHALL  NOT  BE
 REQUIRED WHERE:
   (I)  THERE  IS  NO FDA-APPROVED INTERCHANGEABLE BIOLOGICAL PRODUCT FOR
 THE PRODUCT PRESCRIBED; OR
   (II) A REFILL PRESCRIPTION IS NOT CHANGED FROM THE  PRODUCT  DISPENSED
 ON THE PRIOR FILLING OF THE PRESCRIPTION.
   5. THE DEPARTMENT SHALL MAINTAIN A LINK ON ITS WEB SITE TO THE CURRENT
 LIST  OF ALL BIOLOGICAL PRODUCTS DETERMINED BY THE FEDERAL FOOD AND DRUG
 S. 4007--A                         354                        A. 3007--A
 
 ADMINISTRATION TO BE AN INTERCHANGEABLE BIOLOGICAL PRODUCT FOR A SPECIF-
 IC BIOLOGICAL PRODUCT.
   §  6819.  REGULATIONS  MAKING  EXCEPTIONS.  THE BOARD SHALL PROMULGATE
 REGULATIONS EXEMPTING FROM ANY LABELING REQUIREMENT OF THIS TITLE DRUGS,
 DEVICES AND COSMETICS WHICH ARE, IN ACCORDANCE WITH THE PRACTICE OF  THE
 TRADE,  TO  BE PROCESSED, LABELED, OR REPACKED IN SUBSTANTIAL QUANTITIES
 AT ESTABLISHMENTS OTHER THAN THOSE WHERE ORIGINALLY PROCESSED OR PACKED,
 ON CONDITION THAT SUCH DRUGS, DEVICES AND COSMETICS ARE NOT  ADULTERATED
 OR  MISBRANDED UNDER THE PROVISIONS OF THIS TITLE UPON REMOVAL FROM SUCH
 PROCESSING, LABELING, OR REPACKING ESTABLISHMENT.
   § 6820. CERTIFICATION OF COAL-TAR COLORS FOR DRUGS AND COSMETICS.  THE
 BOARD SHALL PROMULGATE REGULATIONS PROVIDING FOR THE LISTING OF COAL-TAR
 COLORS  WHICH ARE HARMLESS AND SUITABLE FOR USE IN DRUGS FOR PURPOSES OF
 COLORING ONLY AND FOR USE IN COSMETICS  AND  FOR  THE  CERTIFICATION  OF
 BATCHES OF SUCH COLORS, WITH OR WITHOUT HARMLESS DILUENTS.
   §  6821.  POISON SCHEDULES; REGISTER. 1. THE FOLLOWING SCHEDULES SHALL
 REMAIN IN FORCE UNTIL REVISED BY THE BOARD AND APPROVED BY  THE  DEPART-
 MENT.
   SCHEDULE A. ARSENIC, ATROPINE, CORROSIVE SUBLIMATE, POTASSIUM CYANIDE,
 CHLORAL  HYDRATE,  HYDROCYANIC  ACID, STRYCHNINE AND ALL OTHER POISONOUS
 VEGETABLE ALKALOIDS AND THEIR SALTS AND OIL OF BITTER ALMOND  CONTAINING
 HYDROCYANIC ACID.
   SCHEDULE B. ACONITE, BELLADONNA, CANTHARIDES, COLCHICUM, CONIUM COTTON
 ROOT,  DIGITALIS,  ERGOT,  HELLEBORE, HENBANE, PHYTOLACCA, STROPHANTHUS,
 OIL OF SAVIN, OIL OF TANSY, VERATRUM  VIRIDE  AND  THEIR  PHARMACEUTICAL
 PREPARATIONS,  ARSENICAL SOLUTIONS, CARBOLIC ACID, CHLOROFORM, CREOSOTE,
 CROTON OIL, WHITE PRECIPITATE, METHYL OR WOOD  ALCOHOL,  MINERAL  ACIDS,
 OXALIC  ACID,  PARIS  GREEN,  SALTS OF LEAD, SALTS OF ZINC, OR ANY DRUG,
 CHEMICAL OR PREPARATION WHICH IS LIABLE TO BE DESTRUCTIVE TO ADULT HUMAN
 LIFE IN QUANTITIES OF SIXTY GRAINS OR LESS.
   2. IT SHALL BE UNLAWFUL FOR ANY PERSON TO SELL AT RETAIL OR TO FURNISH
 ANY OF THE POISONS OF SCHEDULES A AND B WITHOUT AFFIXING OR  CAUSING  TO
 BE  AFFIXED TO THE BOTTLE, BOX, VESSEL OR PACKAGE, A LABEL WITH THE NAME
 OF THE ARTICLE AND THE WORD "POISON" DISTINCTLY SHOWN AND WITH THE  NAME
 AND PLACE OF BUSINESS OF THE SELLER ALL PRINTED IN RED INK TOGETHER WITH
 THE  NAME OF SUCH POISONS PRINTED OR WRITTEN THEREUPON IN PLAIN, LEGIBLE
 CHARACTERS.
   3. MANUFACTURERS AND WHOLESALE DEALERS IN DRUGS, MEDICINES, PHARMACEU-
 TICAL PREPARATIONS, CHEMICALS OR POISONS SHALL  AFFIX  OR  CAUSE  TO  BE
 AFFIXED  TO EVERY BOTTLE, BOX, PARCEL OR OUTER ENCLOSURE OF ANY ORIGINAL
 PACKAGE CONTAINING ANY OF THE ARTICLES OF SCHEDULE A, A  SUITABLE  LABEL
 OR BRAND IN RED INK WITH THE WORD "POISON" UPON IT.
   4.  EVERY  PERSON  WHO DISPOSES OF OR SELLS AT RETAIL OR FURNISHES ANY
 POISONS INCLUDED IN SCHEDULE A SHALL, BEFORE DELIVERING THE SAME,  ENTER
 IN  A  BOOK KEPT FOR THAT PURPOSE THE DATE OF SALE, THE NAME AND ADDRESS
 OF THE PURCHASER, THE NAME AND THE QUANTITY OF THE POISON,  THE  PURPOSE
 FOR  WHICH  IT  IS  PURCHASED  AND THE NAME OF THE DISPENSER. THE POISON
 REGISTER SHALL BE ALWAYS OPEN FOR INSPECTION BY THE  PROPER  AUTHORITIES
 AND  SHALL  BE  PRESERVED  FOR AT LEAST FIVE YEARS AFTER THE LAST ENTRY.
 SUCH PERSON SHALL NOT DELIVER ANY OF THE POISONS OF SCHEDULE A OR SCHED-
 ULE B UNTIL HE OR SHE HAS SATISFIED HIMSELF OR HERSELF THAT THE PURCHAS-
 ER IS AWARE OF ITS POISONOUS CHARACTER AND THAT THE POISON IS TO BE USED
 FOR A LEGITIMATE PURPOSE.   THE PROVISIONS OF THIS  SUBDIVISION  DO  NOT
 APPLY TO THE DISPENSING OF DRUGS OR POISONS ON A DOCTOR'S PRESCRIPTION.
 S. 4007--A                         355                        A. 3007--A
 
   5.  THE  BOARD MAY ADD TO OR MAY DELETE FROM ANY OF THE SCHEDULES FROM
 TIME TO TIME AS SUCH ACTION BECOMES NECESSARY FOR THE PROTECTION OF  THE
 PUBLIC.
   §  6822.  EXAMINATIONS AND INVESTIGATIONS. THE SECRETARY IS AUTHORIZED
 TO CONDUCT EXAMINATIONS AND INVESTIGATIONS  FOR  THE  PURPOSES  OF  THIS
 TITLE  THROUGH  OFFICERS  AND EMPLOYEES OF THE UNITED STATES, OR THROUGH
 ANY HEALTH, FOOD, OR DRUG OFFICER OR EMPLOYEE OF  ANY  CITY,  COUNTY  OR
 OTHER  POLITICAL  SUBDIVISION  OF  THIS  STATE, DULY COMMISSIONED BY THE
 SECRETARY AS AN OFFICER OF THE BOARD.
   § 6823. FACTORY INSPECTION. FOR PURPOSES OF ENFORCEMENT OF THIS TITLE,
 OFFICERS DULY DESIGNATED BY THE SECRETARY ARE AUTHORIZED:
   1. TO ENTER, AT REASONABLE TIMES, ANY FACTORY, WAREHOUSE OR ESTABLISH-
 MENT IN WHICH DRUGS, DEVICES OR COSMETICS ARE  MANUFACTURED,  PROCESSED,
 PACKED,  OR  HELD, FOR INTRODUCTION INTO COMMERCE OR ARE HELD AFTER SUCH
 INTRODUCTION, OR TO ENTER ANY VEHICLE BEING USED TO  TRANSPORT  OR  HOLD
 SUCH DRUGS, DEVICES OR COSMETICS IN COMMERCE; AND
   2.  TO  INSPECT,  AT REASONABLE TIMES, SUCH FACTORY, WAREHOUSE, ESTAB-
 LISHMENT OR VEHICLE AND ALL PERTINENT EQUIPMENT, FINISHED AND UNFINISHED
 MATERIALS, CONTAINERS, AND LABELING THEREIN.
   § 6824. INJUNCTION PROCEEDINGS. IN ADDITION TO THE REMEDIES HEREINAFT-
 ER PROVIDED, THE SECRETARY IS HEREBY AUTHORIZED TO APPLY TO THE COURT OF
 THE PROPER VENUE FOR AN INJUNCTION TO RESTRAIN ANY PERSON FROM:
   1. INTRODUCING OR CAUSING TO BE INTRODUCED INTO COMMERCE ANY  ADULTER-
 ATED OR MISBRANDED DRUG, DEVICE OR COSMETIC; OR
   2.  FROM  INTRODUCING  OR CAUSING TO BE INTRODUCED IN COMMERCE ANY NEW
 DRUG WHICH DOES NOT COMPLY WITH THE PROVISIONS OF THIS TITLE; OR
   3. FROM DISSEMINATING OR CAUSING TO BE DISSEMINATED A FALSE ADVERTISE-
 MENT, WITHOUT BEING COMPELLED TO ALLEGE OR PROVE THAT AN ADEQUATE REMEDY
 AT LAW DOES NOT EXIST.
   § 6825. PROOF REQUIRED IN PROSECUTION FOR CERTAIN VIOLATIONS. 1. IN AN
 ACTION OR PROCEEDING, CIVIL OR CRIMINAL, AGAINST A PERSON FOR  VIOLATING
 SUCH  PROVISIONS  OF  THIS  TITLE  WHICH  RELATE  TO  THE POSSESSION OF,
 COMPOUNDING, RETAILING  OR  DISPENSING  OF  MISBRANDED,  SUBSTITUTED  OR
 IMITATED DRUGS, POISONS OR COSMETICS, WHEN IT SHALL BE NECESSARY THAT AN
 ANALYSIS  BE  MADE  FOR  THE PURPOSE OF ESTABLISHING THE QUALITY OF SUCH
 DRUG, POISON OR COSMETIC SO AS TO DETERMINE  THE  FACT  OF  MISBRANDING,
 SUBSTITUTING  OR  IMITATING,  THEN  IT SHALL BE REQUIRED TO PROVE AT THE
 TRIAL OR HEARING OF SUCH ACTION OR PROCEEDING, THAT THE  PERSON,  TAKING
 THE  SAME  FOR  ANALYSIS  SEPARATED  IT  INTO  TWO REPRESENTATIVE PARTS,
 HERMETICALLY OR OTHERWISE EFFECTIVELY AND COMPLETELY  SEALED,  DELIVERED
 ONE  SUCH  SEALED  PART TO THE SELLER, MANUFACTURER, WHOLESALER, PHARMA-
 CIST, OR DRUGGIST FROM WHOSE PREMISES SUCH SAMPLE WAS TAKEN  AND  DELIV-
 ERED  THE  OTHER  PART  SO SEALED TO THE CHEMIST DESIGNATED BY THE STATE
 BOARD OF PHARMACY; AND THE FACTS HEREIN REQUIRED TO BE PROVEN  SHALL  BE
 ALLEGED IN THE COMPLAINT OR INFORMATION BY WHICH SUCH ACTION OR PROCEED-
 ING WAS BEGUN. THE RULES OF THE BOARD SHALL BE PROVEN PRIMA FACIE BY THE
 CERTIFICATE OF THE SECRETARY.
   2.  ANY  PERSON  ACCUSED OF VIOLATION OF ANY OF THE PROVISIONS OF THIS
 TITLE RELATING TO ADULTERATING, MISBRANDING, SUBSTITUTION  OR  IMITATION
 SHALL  NOT  BE  PROSECUTED  OR CONVICTED OR SUFFER ANY OF THE PENALTIES,
 FINES OR FORFEITURES FOR SUCH VIOLATION, IF HE OR SHE  ESTABLISHES  UPON
 THE  HEARING  OR  TRIAL  THAT THE DRUG, DEVICE OR COSMETIC ALLEGED TO BE
 ADULTERATED, MISBRANDED, SUBSTITUTED OR IMITATED WAS PURCHASED BY HIM OR
 HER UNDER A WRITTEN GUARANTY OF THE MANUFACTURER OR SELLER TO THE EFFECT
 THAT SAID DRUG, DEVICE OR COSMETIC WAS NOT  ADULTERATED  OR  MISBRANDED,
 WITHIN THE MEANING OF THIS TITLE AND PROVES THAT HE OR SHE HAS NOT ADUL-
 S. 4007--A                         356                        A. 3007--A
 
 TERATED,  MISBRANDED,  SUBSTITUTED  OR  IMITATED  THE SAME, PROVIDED THE
 SELLER HAS TAKEN DUE PRECAUTION TO MAINTAIN THE  STANDARD  SET  FOR  THE
 DRUG,  DEVICE  OR  COSMETIC.  A  GUARANTY, IN ORDER TO BE A DEFENSE TO A
 PROSECUTION OR TO PREVENT CONVICTION OR TO AFFORD PROTECTION, MUST STATE
 THAT THE DRUG, DEVICE OR COSMETIC TO WHICH IT REFERS IS NOT ADULTERATED,
 MISBRANDED, SUBSTITUTED OR IMITATED WITHIN THE MEANING OF THE PROVISIONS
 OF THIS TITLE AND MUST STATE ALSO THE FULL NAME AND PLACE OF BUSINESS OF
 THE MANUFACTURER, WHOLESALER, JOBBER OR OTHER PERSON FROM WHOM THE DRUG,
 DEVICE  OR  COSMETIC  WAS  PURCHASED, AND THE DATE OF PURCHASE. THE ACT,
 OMISSION OR FAILURE OF ANY OFFICER, AGENT OR OTHER EMPLOYEE  ACTING  FOR
 OR  EMPLOYED  BY  ANY PERSON WITHIN THE SCOPE OF HIS OR HER AUTHORITY OR
 EMPLOYMENT SHALL IN EVERY CASE BE THE ACT, OMISSION OR FAILURE  OF  SUCH
 PERSON AS WELL AS THAT OF THE OFFICER, AGENT OR OTHER EMPLOYEE, AND SUCH
 PERSON  SHALL  BE EQUALLY LIABLE FOR VIOLATIONS OF THIS TITLE BY A PART-
 NERSHIP, ASSOCIATION OR CORPORATION, AND EVERY MEMBER OF THE PARTNERSHIP
 OR ASSOCIATION AND THE DIRECTORS AND GENERAL OFFICERS OF THE CORPORATION
 AND THE GENERAL MANAGER OF THE PARTNERSHIP, ASSOCIATION  OR  CORPORATION
 SHALL  BE  INDIVIDUALLY LIABLE AND ANY ACTION, PROSECUTION OR PROCEEDING
 AUTHORIZED BY THIS TITLE MAY BE BROUGHT  AGAINST  ANY  OR  ALL  OF  SUCH
 PERSONS.  WHEN ANY PROSECUTION UNDER THIS TITLE IS MADE ON THE COMPLAINT
 OF THE BOARD, ANY FINES COLLECTED SHALL BE PAID INTO THE STATE  TREASURY
 AS PROVIDED BY THIS TITLE.
   3.  NO  PUBLISHER,  RADIO-BROADCAST  LICENSEE,  ADVERTISING AGENCY, OR
 AGENCY OR MEDIUM  FOR  THE  DISSEMINATION  OF  ADVERTISING,  EXCEPT  THE
 MANUFACTURER,  PACKER,  DISTRIBUTOR, OR SELLER OF THE COMMODITY TO WHICH
 THE FALSE ADVERTISEMENT RELATES,  SHALL  BE  SUBJECT  TO  THE  PENALTIES
 PROVIDED  BY  THIS TITLE BY REASON OF THE DISSEMINATION BY HIM OR HER OF
 ANY FALSE ADVERTISEMENT, UNLESS HE OR SHE HAS REFUSED, ON THE REQUEST OF
 THE SECRETARY, TO FURNISH THE SECRETARY THE NAME AND POST-OFFICE ADDRESS
 OF THE MANUFACTURER, PACKER, DISTRIBUTOR, SELLER OR ADVERTISING  AGENCY,
 WHO CAUSED HIM OR HER TO DISSEMINATE SUCH ADVERTISEMENT.
   §  6826.  DRUG  RETAIL  PRICE LISTS. 1. EVERY PHARMACY SHALL COMPILE A
 DRUG RETAIL PRICE LIST, WHICH SHALL CONTAIN THE NAMES OF  THE  DRUGS  ON
 THE  LIST PROVIDED BY THE BOARD, AND THE PHARMACY'S CORRESPONDING RETAIL
 PRICES FOR EACH DRUG. EVERY PHARMACY SHALL UPDATE ITS DRUG  RETAIL  LIST
 AT LEAST WEEKLY AND PROVIDE THE TIME AND DATE THAT THE LIST WAS UPDATED.
 EVERY  PHARMACY  SHALL  PROVIDE THE DRUG RETAIL PRICE LIST TO ANY PERSON
 UPON REQUEST.
   2. A. THE LIST PROVIDED BY THE BOARD SHALL BE PREPARED AT LEAST  ANNU-
 ALLY  BY  THE  BOARD  AND DISTRIBUTED TO EACH PHARMACY IN THE STATE. THE
 LIST SHALL BE A COMPENDIUM OF THE  ONE  HUNDRED  FIFTY  MOST  FREQUENTLY
 PRESCRIBED   DRUGS  TOGETHER  WITH  THEIR  USUAL  DOSAGES  FOR  WHICH  A
 PRESCRIPTION IS REQUIRED BY THE PROVISIONS OF THE "FEDERAL  FOOD,  DRUG,
 AND  COSMETIC  ACT" (21 U.S.C. 301, ET SEQ.; 52 STAT. 1040, ET SEQ.), AS
 AMENDED, OR BY THE COMMISSIONER. THE BOARD  SHALL  MAKE  THE  COMPENDIUM
 LIST AVAILABLE TO EACH PHARMACY FREE OF CHARGE, BOTH IN PRINTED FORM AND
 IN  AN  ELECTRONIC  FORM THAT CAN BE USED TO PRODUCE THE PHARMACY'S DRUG
 RETAIL LIST. THE BOARD SHALL PROVIDE THE COMPENDIUM LIST TO THE  DEPART-
 MENT.
   B.  THE  DRUG RETAIL PRICE LIST SHALL CONTAIN AN ADVISORY STATEMENT BY
 THE DEPARTMENT ALERTING CONSUMERS TO THE NEED TO TELL THEIR HEALTH  CARE
 PRACTITIONER AND PHARMACIST ABOUT ALL THE MEDICATIONS THEY MAY BE TAKING
 AND TO ASK THEM HOW TO AVOID HARMFUL INTERACTIONS BETWEEN DRUGS, IF ANY.
 A  PHARMACY  MAY  INCLUDE ON ITS DRUG RETAIL PRICE LIST A STATEMENT: (I)
 CONCERNING DISCOUNTS FROM ITS LISTED RETAIL PRICES THAT MAY BE AVAILABLE
 S. 4007--A                         357                        A. 3007--A

 TO CONSUMERS AND (II) ANY LIMITATIONS THAT THE PHARMACY MAY HAVE  AS  TO
 WHAT GROUP OR GROUPS OF CUSTOMERS IT SERVES.
   3. THE PHARMACY'S CORRESPONDING RETAIL PRICE MEANS THE ACTUAL PRICE TO
 BE PAID BY A RETAIL PURCHASER TO THE PHARMACY FOR ANY LISTED DRUG AT THE
 LISTED  DOSAGE.  HOWEVER,  UPON  IMPLEMENTATION OF THE PRESCRIPTION DRUG
 RETAIL PRICE LIST DATABASE BY THE DEPARTMENT  UNDER  THIS  SECTION,  THE
 PHARMACY'S CORRESPONDING RETAIL PRICE SHALL MEAN THE PRICE SENT TO IT BY
 THE DEPARTMENT UNDER SUCH SECTION.
   4.  PHARMACIES  SHALL HAVE A SIGN NOTIFYING PEOPLE OF THE AVAILABILITY
 OF THE DRUG RETAIL PRICE LIST AND THE  AVAILABILITY  OF  THE  DEPARTMENT
 PRESCRIPTION DRUG RETAIL PRICE LIST DATABASE AND THE WEB ADDRESS OF THAT
 DATABASE,  CONSPICUOUSLY POSTED AT OR ADJACENT TO THE PLACE IN THE PHAR-
 MACY WHERE PRESCRIPTIONS ARE PRESENTED FOR COMPOUNDING  AND  DISPENSING,
 IN THE WAITING AREA FOR CUSTOMERS, OR IN THE AREA WHERE PRESCRIBED DRUGS
 ARE DELIVERED.
   5. NOTHING CONTAINED HEREIN SHALL PREVENT A PHARMACY FROM CHANGING AND
 CHARGING  THE CURRENT RETAIL PRICE AT ANY TIME, PROVIDED THAT THE LISTED
 PRICE IS UPDATED AT LEAST WEEKLY TO REFLECT THE NEW RETAIL PRICE.
   6. THE COMMISSIONER SHALL MAKE REGULATIONS NECESSARY TO IMPLEMENT THIS
 SECTION, INCLUDING HOW THIS SECTION IS APPLIED TO MAIL-ORDER AND  INTER-
 NET PHARMACIES.
   § 6826-A. REDUCING CERTAIN COPAYMENTS. 1. WHERE AN INSURED'S COPAYMENT
 FOR  A  DRUG EXCEEDS THE CORRESPONDING RETAIL PRICE FOR THE SAME DRUG ON
 THE PHARMACY'S DRUG RETAIL PRICE LIST, THE PHARMACIST SHALL  NOTIFY  THE
 INSURED  OF  THIS  OCCURRENCE  AND CHARGE NO GREATER THAN THE PHARMACY'S
 CORRESPONDING RETAIL PRICE.
   2. WHERE THE DRUG BEING PURCHASED IS NOT  ON  THE  DRUG  RETAIL  PRICE
 LIST,  AND  THE  COPAYMENT FOR THE DRUG EXCEEDS THE PHARMACY'S USUAL AND
 CUSTOMARY PRICE FOR THAT DRUG, THE PHARMACIST SHALL NOTIFY  THE  INSURED
 OF  THIS OCCURRENCE AND CHARGE THE LESSER OF THE INSURED'S COPAYMENT AND
 THE PHARMACY'S USUAL AND CUSTOMARY PRICE FOR THAT DRUG.
   § 6827. MANDATORY CONTINUING EDUCATION. 1. A. EACH LICENSED PHARMACIST
 REQUIRED UNDER THIS TITLE TO REGISTER TRIENNIALLY WITH THE DEPARTMENT TO
 PRACTICE IN THE STATE SHALL COMPLY  WITH  PROVISIONS  OF  THE  MANDATORY
 CONTINUING  EDUCATION REQUIREMENTS PRESCRIBED IN SUBDIVISION TWO OF THIS
 SECTION EXCEPT AS SET FORTH IN PARAGRAPHS B AND C OF  THIS  SUBDIVISION.
 PHARMACISTS  WHO  DO  NOT  SATISFY  THE  MANDATORY  CONTINUING EDUCATION
 REQUIREMENTS SHALL NOT PRACTICE UNTIL THEY HAVE MET  SUCH  REQUIREMENTS,
 AND  THEY  HAVE  BEEN  ISSUED  A REGISTRATION CERTIFICATE, EXCEPT THAT A
 PHARMACIST MAY PRACTICE WITHOUT HAVING MET SUCH REQUIREMENTS  IF  HE  OR
 SHE  IS ISSUED A CONDITIONAL REGISTRATION CERTIFICATE PURSUANT TO SUBDI-
 VISION THREE OF THIS SECTION.
   B. IN ACCORD WITH THE INTENT OF THIS SECTION, ADJUSTMENT TO THE MANDA-
 TORY CONTINUING EDUCATION REQUIREMENT MAY BE GRANTED BY  THE  DEPARTMENT
 FOR  REASONS  OF  HEALTH CERTIFIED BY AN APPROPRIATE HEALTH CARE PROFES-
 SIONAL, 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 PHARMACIST NOT ENGAGED IN PRACTICE AS DETERMINED BY  THE
 DEPARTMENT,  SHALL  BE  EXEMPT  FROM  THE MANDATORY CONTINUING EDUCATION
 REQUIREMENT UPON THE FILING OF A STATEMENT WITH THE DEPARTMENT DECLARING
 SUCH STATUS. ANY LICENSEE WHO RETURNS TO THE PRACTICE OF PHARMACY 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.
 S. 4007--A                         358                        A. 3007--A
 
   2. DURING EACH TRIENNIAL REGISTRATION PERIOD AN APPLICANT  FOR  REGIS-
 TRATION  SHALL  COMPLETE  A  MINIMUM  OF  FORTY-FIVE HOURS OF ACCEPTABLE
 FORMAL CONTINUING EDUCATION, AS SPECIFIED IN SUBDIVISION  FOUR  OF  THIS
 SECTION,  PROVIDED THAT NO MORE THAN TWENTY-TWO HOURS OF SUCH CONTINUING
 EDUCATION  SHALL  CONSIST  OF  SELF-STUDY  COURSES. ANY PHARMACIST WHOSE
 FIRST REGISTRATION DATE FOLLOWING THE EFFECTIVE  DATE  OF  THIS  SECTION
 OCCURS  LESS  THAN THREE YEARS FROM SUCH EFFECTIVE DATE, BUT ON OR AFTER
 JANUARY FIRST, NINETEEN HUNDRED NINETY-EIGHT, SHALL COMPLETE  CONTINUING
 EDUCATION  HOURS  ON A PRORATED BASIS AT THE RATE OF ONE AND ONE-QUARTER
 HOURS PER MONTH FOR THE PERIOD BEGINNING JANUARY FIRST, NINETEEN HUNDRED
 NINETY-SEVEN UP TO THE FIRST REGISTRATION DATE  THEREAFTER.  A  LICENSEE
 WHO  HAS  NOT  SATISFIED THE MANDATORY CONTINUING EDUCATION REQUIREMENTS
 SHALL NOT BE ISSUED A TRIENNIAL REGISTRATION CERTIFICATE BY THE  DEPART-
 MENT  AND SHALL NOT PRACTICE UNLESS AND UNTIL A CONDITIONAL REGISTRATION
 CERTIFICATE IS ISSUED AS PROVIDED  FOR  IN  SUBDIVISION  THREE  OF  THIS
 SECTION.   CONTINUING EDUCATION HOURS TAKEN DURING ONE TRIENNIUM MAY NOT
 BE 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 COMPLETE 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
 SUBMIT  EVIDENCE, SATISFACTORY TO THE DEPARTMENT, OF REQUIRED CONTINUING
 EDUCATION AND WHO PRACTICES PHARMACY WITHOUT SUCH REGISTRATION,  MAY  BE
 SUBJECT  TO  DISCIPLINARY  PROCEEDINGS  PURSUANT  TO  SECTION SIXTY-FIVE
 HUNDRED TEN OF THIS ARTICLE.
   4. AS USED IN SUBDIVISION TWO  OF  THIS  SECTION,  "ACCEPTABLE  FORMAL
 CONTINUING  EDUCATION"  SHALL  MEAN  FORMAL  COURSES  OF  LEARNING WHICH
 CONTRIBUTE TO PROFESSIONAL PRACTICE IN PHARMACY AND WHICH MEET THE STAN-
 DARDS PRESCRIBED BY 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
 COURSES  IN  SPECIFIC  SUBJECTS.    TO FULFILL THIS MANDATORY CONTINUING
 EDUCATION REQUIREMENT, COURSES MUST BE TAKEN FROM A SPONSOR APPROVED  BY
 THE DEPARTMENT, PURSUANT TO THE REGULATIONS OF THE COMMISSIONER.
   5.  PHARMACISTS SHALL MAINTAIN ADEQUATE DOCUMENTATION OF COMPLETION OF
 ACCEPTABLE FORMAL CONTINUING EDUCATION AND SHALL PROVIDE SUCH DOCUMENTA-
 TION AT THE REQUEST OF THE DEPARTMENT. FAILURE TO PROVIDE SUCH  DOCUMEN-
 TATION  UPON THE REQUEST OF THE DEPARTMENT SHALL BE AN ACT OF MISCONDUCT
 SUBJECT TO  DISCIPLINARY  PROCEEDINGS  PURSUANT  TO  SECTION  SIXTY-FIVE
 HUNDRED TEN OF THIS ARTICLE.
   6. THE MANDATORY CONTINUING EDUCATION FEE SHALL BE FORTY-FIVE DOLLARS,
 SHALL  BE PAYABLE ON OR BEFORE THE FIRST DAY OF EACH TRIENNIAL REGISTRA-
 TION PERIOD, AND SHALL BE PAID IN ADDITION TO THE TRIENNIAL REGISTRATION
 FEE REQUIRED BY SECTION SIXTY-EIGHT HUNDRED FIVE OF THIS TITLE.
   § 6828. CERTIFICATES OF ADMINISTRATION. 1. NO PHARMACIST SHALL  ADMIN-
 ISTER  IMMUNIZING  AGENTS WITHOUT A CERTIFICATE OF ADMINISTRATION ISSUED
 BY THE DEPARTMENT PURSUANT TO REGULATIONS OF THE COMMISSIONER.
   2. THE FEE FOR A CERTIFICATE OF ADMINISTRATION SHALL  BE  ONE  HUNDRED
 DOLLARS  AND  SHALL  BE  PAID ON A TRIENNIAL BASIS. A CERTIFICATE MAY BE
 SUSPENDED OR REVOKED IN THE SAME MANNER AS A LICENSE TO PRACTICE PHARMA-
 CY.
 S. 4007--A                         359                        A. 3007--A
 
   § 6829. INTERPRETATION AND TRANSLATION REQUIREMENTS  FOR  PRESCRIPTION
 DRUGS  AND STANDARDIZED MEDICATION LABELING. 1. FOR THE PURPOSES OF THIS
 SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   A.  "COVERED  PHARMACY"  MEANS ANY PHARMACY THAT IS PART OF A GROUP OF
 EIGHT OR MORE PHARMACIES, LOCATED WITHIN NEW YORK STATE AND OWNED BY THE
 SAME CORPORATE ENTITY.  FOR PURPOSES OF THIS SECTION, "CORPORATE ENTITY"
 SHALL INCLUDE RELATED SUBSIDIARIES, AFFILIATES, SUCCESSORS, OR ASSIGNEES
 DOING BUSINESS AS OR OPERATING UNDER A COMMON NAME OR TRADING SYMBOL.
   B. "LIMITED ENGLISH PROFICIENT INDIVIDUAL" OR "LEP  INDIVIDUAL"  MEANS
 AN INDIVIDUAL WHO IDENTIFIES AS BEING, OR IS EVIDENTLY, UNABLE TO SPEAK,
 READ  OR WRITE ENGLISH AT A LEVEL THAT PERMITS SUCH INDIVIDUAL TO UNDER-
 STAND HEALTH-RELATED  AND  PHARMACEUTICAL  INFORMATION  COMMUNICATED  IN
 ENGLISH.
   C.  "TRANSLATION" SHALL MEAN THE CONVERSION OF A WRITTEN TEXT FROM ONE
 LANGUAGE INTO AN EQUIVALENT WRITTEN TEXT IN ANOTHER LANGUAGE BY AN INDI-
 VIDUAL COMPETENT TO DO SO AND UTILIZING ALL NECESSARY PHARMACEUTICAL AND
 HEALTH-RELATED TERMINOLOGY.  SUCH TRANSLATION MAY OCCUR, WHERE APPROPRI-
 ATE, IN A SEPARATE DOCUMENT PROVIDED TO AN LEP INDIVIDUAL THAT  ACCOMPA-
 NIES HIS OR HER MEDICATION.
   D. "COMPETENT ORAL INTERPRETATION" MEANS ORAL COMMUNICATION IN WHICH A
 PERSON  ACTING  AS AN INTERPRETER COMPREHENDS A MESSAGE AND RE-EXPRESSES
 THAT MESSAGE ACCURATELY IN ANOTHER  LANGUAGE,  UTILIZING  ALL  NECESSARY
 PHARMACEUTICAL  AND  HEALTH-RELATED  TERMINOLOGY, SO AS TO ENABLE AN LEP
 INDIVIDUAL TO RECEIVE ALL NECESSARY INFORMATION IN THE LEP  INDIVIDUAL'S
 PREFERRED PHARMACY PRIMARY LANGUAGE.
   E.  "PHARMACY  PRIMARY LANGUAGES" SHALL MEAN THOSE LANGUAGES SPOKEN BY
 ONE PERCENT OR MORE OF THE POPULATION, AS DETERMINED BY THE U.S. CENSUS,
 FOR EACH REGION, AS ESTABLISHED BY REGULATIONS PROMULGATED  PURSUANT  TO
 THIS  SECTION, PROVIDED, HOWEVER, THAT THE REGULATIONS SHALL NOT REQUIRE
 TRANSLATION  OR  COMPETENT  ORAL  INTERPRETATION  OF  MORE  THAN   SEVEN
 LANGUAGES IN ANY REGION.
   F.  "MAIL ORDER PHARMACY" SHALL MEAN A PHARMACY THAT DISPENSES MOST OF
 ITS PRESCRIPTIONS THROUGH THE UNITED  STATES  POSTAL  SERVICE  OR  OTHER
 DELIVERY SYSTEM.
   2. A. EVERY COVERED PHARMACY SHALL PROVIDE FREE, COMPETENT ORAL INTER-
 PRETATION  SERVICES  AND  TRANSLATION  SERVICES  TO  EACH LEP INDIVIDUAL
 REQUESTING SUCH SERVICES OR FILLING A PRESCRIPTION THAT  INDICATES  THAT
 THE INDIVIDUAL IS LIMITED ENGLISH PROFICIENT AT SUCH COVERED PHARMACY IN
 THE  LEP  INDIVIDUAL'S  PREFERRED  PHARMACY  PRIMARY  LANGUAGE  FOR  THE
 PURPOSES OF COUNSELING SUCH INDIVIDUAL ABOUT  HIS  OR  HER  PRESCRIPTION
 MEDICATIONS  OR  WHEN  SOLICITING  INFORMATION  NECESSARY  TO MAINTAIN A
 PATIENT MEDICATION PROFILE, UNLESS THE LEP  INDIVIDUAL  IS  OFFERED  AND
 REFUSES SUCH SERVICES.
   B. EVERY COVERED PHARMACY SHALL PROVIDE FREE, COMPETENT ORAL INTERPRE-
 TATION  SERVICES  AND  TRANSLATION  SERVICES  OF PRESCRIPTION MEDICATION
 LABELS, WARNING LABELS AND OTHER WRITTEN MATERIAL TO EACH LEP INDIVIDUAL
 FILLING A PRESCRIPTION AT SUCH COVERED PHARMACY, UNLESS THE LEP INDIVID-
 UAL IS OFFERED AND REFUSES SUCH SERVICES OR THE MEDICATION LABEL,  WARN-
 ING LABELS AND OTHER WRITTEN MATERIALS HAVE ALREADY BEEN TRANSLATED INTO
 THE LANGUAGE SPOKEN BY THE LEP INDIVIDUAL.
   C.  THE  SERVICES  REQUIRED BY THIS SECTION MAY BE PROVIDED BY A STAFF
 MEMBER OF THE PHARMACY OR A THIRD-PARTY CONTRACTOR. SUCH  SERVICES  MUST
 BE  PROVIDED ON AN IMMEDIATE BASIS BUT NEED NOT BE PROVIDED IN-PERSON OR
 FACE-TO-FACE IN ORDER TO MEET THE REQUIREMENTS OF THIS SECTION.
   3. EVERY COVERED PHARMACY SHALL CONSPICUOUSLY POST, AT OR ADJACENT  TO
 EACH  COUNTER  OVER WHICH PRESCRIPTION DRUGS ARE SOLD, A NOTIFICATION OF
 S. 4007--A                         360                        A. 3007--A
 
 THE RIGHT TO FREE, COMPETENT ORAL  INTERPRETATION  SERVICES  AND  TRANS-
 LATION  SERVICES  FOR LIMITED ENGLISH PROFICIENT INDIVIDUALS AS PROVIDED
 FOR IN SUBDIVISION TWO OF THIS  SECTION.  SUCH  NOTIFICATIONS  SHALL  BE
 PROVIDED  IN  THE PHARMACY PRIMARY LANGUAGES. THE SIZE, STYLE AND PLACE-
 MENT OF SUCH NOTICE SHALL BE DETERMINED IN ACCORDANCE WITH RULES PROMUL-
 GATED PURSUANT TO THIS SECTION.
   4. THE COMMISSIONER SHALL PROMULGATE REGULATIONS REQUIRING  THAT  MAIL
 ORDER  PHARMACIES  CONDUCTING BUSINESS IN THE STATE PROVIDE FREE, COMPE-
 TENT ORAL INTERPRETATION SERVICES AND TRANSLATION  SERVICES  TO  PERSONS
 FILLING A PRESCRIPTION THROUGH SUCH MAIL ORDER PHARMACIES WHOM ARE IDEN-
 TIFIED  AS  LEP INDIVIDUALS. SUCH REGULATIONS SHALL TAKE EFFECT ONE YEAR
 AFTER THE EFFECTIVE DATE OF THIS SECTION; PROVIDED, HOWEVER,  THAT  THEY
 SHALL  BE PROMULGATED PURSUANT TO THE REQUIREMENTS OF THE STATE ADMINIS-
 TRATIVE PROCEDURE ACT, ADDRESS THE CONCERNS  OF  AFFECTED  STAKEHOLDERS,
 AND REFLECT THE FINDINGS OF A THOROUGH ANALYSIS OF ISSUES INCLUDING:
   A.  HOW  PERSONS SHALL BE IDENTIFIED AS AN LEP INDIVIDUAL, IN LIGHT OF
 THE MANNER BY WHICH PRESCRIPTIONS ARE CURRENTLY RECEIVED  BY  SUCH  MAIL
 ORDER PHARMACIES;
   B. WHICH LANGUAGES SHALL BE CONSIDERED;
   C. THE MANNER AND CIRCUMSTANCES IN WHICH COMPETENT ORAL INTERPRETATION
 SERVICES AND TRANSLATION SERVICES SHALL BE PROVIDED;
   D.  THE  INFORMATION  FOR WHICH COMPETENT ORAL INTERPRETATION SERVICES
 AND TRANSLATION SERVICES SHALL BE PROVIDED;
   E. ANTICIPATED UTILIZATION, AVAILABLE RESOURCES,  AND  COST  CONSIDER-
 ATIONS; AND
   F.  STANDARDS  FOR MONITORING COMPLIANCE WITH REGULATIONS AND ENSURING
 THE DELIVERY OF  QUALITY  COMPETENT  ORAL  INTERPRETATION  SERVICES  AND
 TRANSLATION SERVICES.
   THE  COMMISSIONER  SHALL  PROVIDE A REPORT ON IMPLEMENTATION, UTILIZA-
 TION, UNANTICIPATED PROBLEMS,  AND  CORRECTIVE  ACTIONS  UNDERTAKEN  AND
 PLANNED  TO THE TEMPORARY PRESIDENT OF THE SENATE AND THE SPEAKER OF THE
 ASSEMBLY NO LATER THAN TWO  YEARS  AFTER  THE  EFFECTIVE  DATE  OF  THIS
 SECTION.
   5.  COVERED PHARMACIES SHALL NOT BE LIABLE FOR INJURIES RESULTING FROM
 THE ACTIONS OF THIRD-PARTY CONTRACTORS TAKEN PURSUANT TO AND WITHIN  THE
 SCOPE  OF  THE CONTRACT WITH THE COVERED PHARMACY AS LONG AS THE COVERED
 PHARMACY ENTERED INTO SUCH CONTRACT REASONABLY  AND  IN  GOOD  FAITH  TO
 COMPLY  WITH  THIS  SECTION,  AND  WAS  NOT NEGLIGENT WITH REGARD TO THE
 ALLEGED MISCONDUCT OF THE THIRD-PARTY CONTRACTOR.
   6. THE REGULATIONS PROMULGATED PURSUANT TO THIS SECTION  SHALL  ESTAB-
 LISH A PROCESS BY WHICH COVERED PHARMACIES MAY APPLY AND RECEIVE A WAIV-
 ER  FROM COMPLIANCE WITH SUBDIVISIONS TWO AND THREE OF THIS SECTION UPON
 A SHOWING THAT IMPLEMENTATION WOULD  BE  UNNECESSARILY  BURDENSOME  WHEN
 COMPARED TO THE NEED FOR SUCH SERVICES.
   7.  THE  COMMISSIONER  SHALL  PROMULGATE REGULATIONS TO EFFECTUATE THE
 REQUIREMENTS OF THIS SECTION.
   § 6830. STANDARDIZED PATIENT-CENTERED DATA ELEMENTS.  1.  THE  COMMIS-
 SIONER  SHALL  DEVELOP  RULES  AND  REGULATIONS  REQUIRING  STANDARDIZED
 PATIENT-CENTERED DATA ELEMENTS CONSISTENT WITH EXISTING  TECHNOLOGY  AND
 EQUIPMENT  TO BE USED ON ALL PRESCRIPTION MEDICINE DISPENSED TO PATIENTS
 IN THIS STATE.
   2. WHEN DEVELOPING THE REQUIREMENTS FOR PATIENT-CENTERED DATA ELEMENTS
 ON PRESCRIPTION DRUG LABELS, THE COMMISSIONER SHALL CONSIDER:
   A. MEDICAL LITERACY RESEARCH  THAT  IDENTIFIES  FACTORS  THAT  IMPROVE
 UNDERSTANDABILITY  OF  LABELS  AND  PROMOTES INCREASED COMPLIANCE WITH A
 DRUG'S INTENDED USE;
 S. 4007--A                         361                        A. 3007--A

   B. FACTORS THAT IMPROVE THE CLARITY OF DIRECTIONS FOR USE;
   C. FONT TYPES AND SIZES;
   D. INCLUSION OF ONLY PATIENT-CENTERED INFORMATION; AND
   E.  THE  NEEDS  OF  SPECIAL  POPULATIONS.  TO ENSURE PUBLIC INPUT, THE
 COMMISSIONER SHALL SOLICIT INPUT FROM THE STATE BOARD  OF  PHARMACY  AND
 THE  STATE  BOARD  OF  MEDICINE,  CONSUMER GROUPS, ADVOCATES FOR SPECIAL
 POPULATIONS, PHARMACISTS, PHYSICIANS, OTHER  HEALTH  CARE  PROFESSIONALS
 AUTHORIZED TO PRESCRIBE, AND OTHER INTERESTED PARTIES.
   §  6831.  SPECIAL  PROVISIONS  RELATING  TO OUTSOURCING FACILITIES. 1.
 REGISTRATION. ANY OUTSOURCING FACILITY THAT IS ENGAGED IN THE  COMPOUND-
 ING OF STERILE DRUGS IN THIS STATE SHALL BE REGISTERED AS AN OUTSOURCING
 FACILITY UNDER THE FEDERAL FOOD, DRUG AND COSMETIC ACT AND BE REGISTERED
 AS AN OUTSOURCING FACILITY PURSUANT TO THIS TITLE.
   2.  NEW  DRUGS.  SECTIONS  502(F)(1), 505 AND 582 OF THE FEDERAL FOOD,
 DRUG AND COSMETIC ACT SHALL  NOT  APPLY  TO  A  DRUG  COMPOUNDED  IN  AN
 OUTSOURCING FACILITY REGISTERED UNDER THE FEDERAL FOOD, DRUG AND COSMET-
 IC ACT.
   3.  PRESCRIPTIONS.  NOTWITHSTANDING  ANY OTHER PROVISION OF LAW TO THE
 CONTRARY, NO OUTSOURCING FACILITY MAY DISTRIBUTE OR DISPENSE ANY DRUG TO
 ANY PERSON PURSUANT TO A PRESCRIPTION UNLESS IT IS ALSO REGISTERED AS  A
 PHARMACY  IN  THIS  STATE AND MEETS ALL OTHER APPLICABLE REQUIREMENTS OF
 FEDERAL AND STATE LAW.
   4. RESTRICTIONS. ANY  DRUGS  COMPOUNDED  IN  AN  OUTSOURCING  FACILITY
 REGISTERED PURSUANT TO THIS TITLE SHALL BE COMPOUNDED IN ACCORDANCE WITH
 ALL APPLICABLE FEDERAL AND STATE LAWS.
   5. LABELING. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRA-
 RY,  THE  LABEL  OF ANY DRUG COMPOUNDED BY AN OUTSOURCING FACILITY SHALL
 INCLUDE, BUT NOT BE LIMITED TO THE FOLLOWING:
   A. A STATEMENT THAT THE DRUG IS A  COMPOUNDED  DRUG  OR  A  REASONABLE
 COMPARABLE ALTERNATIVE STATEMENT THAT PROMINENTLY IDENTIFIES THE DRUG AS
 A COMPOUNDED DRUG;
   B.  THE  NAME, ADDRESS, AND PHONE NUMBER OF THE APPLICABLE OUTSOURCING
 FACILITY; AND
   C. WITH RESPECT TO THE DRUG:
   (I) THE LOT OR BATCH NUMBER;
   (II) THE ESTABLISHED NAME OF THE DRUG;
   (III) THE DOSAGE FORM AND STRENGTH;
   (IV) THE STATEMENT OF QUANTITY OR VOLUME, AS APPROPRIATE;
   (V) THE DATE THAT THE DRUG WAS COMPOUNDED;
   (VI) THE EXPIRATION DATE;
   (VII) STORAGE AND HANDLING INSTRUCTIONS;
   (VIII) THE NATIONAL DRUG CODE NUMBER, IF AVAILABLE;
   (IX) THE STATEMENT THAT THE DRUG IS NOT FOR RESALE, AND THE  STATEMENT
 "OFFICE USE ONLY"; AND
   (X)  A  LIST  OF  THE  ACTIVE  AND INACTIVE INGREDIENTS, IDENTIFIED BY
 ESTABLISHED NAME, AND THE QUANTITY OR PROPORTION OF EACH INGREDIENT.
   6. CONTAINER. THE CONTAINER FROM WHICH THE  INDIVIDUAL  UNITS  OF  THE
 DRUG ARE REMOVED FOR DISPENSING OR FOR ADMINISTRATION, SUCH AS A PLASTIC
 BAG CONTAINING INDIVIDUAL PRODUCT SYRINGES, SHALL INCLUDE:
   A.  A  LIST  OF  ACTIVE AND INACTIVE INGREDIENTS, IDENTIFIED BY ESTAB-
 LISHED NAME, AND THE QUANTITY OR PROPORTION OF EACH INGREDIENT; AND
   B. ANY OTHER INFORMATION REQUIRED BY REGULATIONS  PROMULGATED  BY  THE
 COMMISSIONER  TO  FACILITATE  ADVERSE EVENT REPORTING IN ACCORDANCE WITH
 THE REQUIREMENTS ESTABLISHED IN SECTION 310.305 OF TITLE 21 OF THE  CODE
 OF FEDERAL REGULATIONS.
 S. 4007--A                         362                        A. 3007--A
 
   7. BULK DRUGS. A DRUG MAY ONLY BE COMPOUNDED IN AN OUTSOURCING FACILI-
 TY  THAT  DOES  NOT  COMPOUND  USING  BULK DRUG SUBSTANCES AS DEFINED IN
 SECTION 207.3(A)(4) OF TITLE 21 OF THE CODE OF  FEDERAL  REGULATIONS  OR
 ANY SUCCESSOR REGULATION UNLESS:
   A. THE BULK DRUG SUBSTANCE APPEARS ON A LIST ESTABLISHED BY THE SECRE-
 TARY  OF  HEALTH AND HUMAN SERVICES IDENTIFYING BULK DRUG SUBSTANCES FOR
 WHICH THERE IS A CLINICAL NEED;
   B. THE DRUG IS COMPOUNDED FROM A BULK DRUG SUBSTANCE THAT  APPEARS  ON
 THE  FEDERAL  DRUG  SHORTAGE  LIST IN EFFECT AT THE TIME OF COMPOUNDING,
 DISTRIBUTING, AND DISPENSING;
   C. IF AN APPLICABLE MONOGRAPH EXISTS UNDER THE UNITED  STATES  PHARMA-
 COPEIA,  THE  NATIONAL  FORMULARY, OR ANOTHER COMPENDIUM OR PHARMACOPEIA
 RECOGNIZED BY THE SECRETARY OF HEALTH AND HUMAN SERVICES  AND  THE  BULK
 DRUG SUBSTANCES EACH COMPLY WITH THE MONOGRAPH;
   D.  THE BULK DRUG SUBSTANCES ARE EACH MANUFACTURED BY AN ESTABLISHMENT
 THAT IS REGISTERED WITH THE FEDERAL GOVERNMENT.
   8. INGREDIENTS. IF AN OUTSOURCING  FACILITY  USES  INGREDIENTS,  OTHER
 THAN  BULK DRUG SUBSTANCES, SUCH INGREDIENTS MUST COMPLY WITH THE STAND-
 ARDS OF THE APPLICABLE UNITED STATES PHARMACOPEIA OR NATIONAL  FORMULARY
 MONOGRAPH, IF SUCH MONOGRAPH EXISTS, OR OF ANOTHER COMPENDIUM OR PHARMA-
 COPEIA  RECOGNIZED  BY  THE  SECRETARY  OF HEALTH AND HUMAN SERVICES FOR
 PURPOSES OF THIS SUBDIVISION, IF ANY.
   9. UNSAFE OR INEFFECTIVE DRUGS. NO OUTSOURCING FACILITY MAY COMPOUND A
 DRUG THAT APPEARS ON A LIST PUBLISHED BY THE  SECRETARY  OF  HEALTH  AND
 HUMAN  SERVICES  THAT  HAS  BEEN  WITHDRAWN  OR  REMOVED FROM THE MARKET
 BECAUSE SUCH DRUGS OR COMPONENTS OF SUCH DRUGS HAVE  BEEN  FOUND  TO  BE
 UNSAFE OR NOT EFFECTIVE.
   10.  PROHIBITION  ON  WHOLESALING.  NO COMPOUNDED DRUG WILL BE SOLD OR
 TRANSFERRED BY ANY ENTITY  OTHER  THAN  THE  OUTSOURCING  FACILITY  THAT
 COMPOUNDED  SUCH  DRUG.  THIS  DOES NOT PROHIBIT THE ADMINISTRATION OF A
 DRUG IN A HEALTH CARE SETTING OR DISPENSING A DRUG PURSUANT TO A PROPER-
 LY EXECUTED PRESCRIPTION.
   11. PROHIBITION AGAINST  COPYING  AN  APPROVED  DRUG.  NO  OUTSOURCING
 FACILITY  MAY  COMPOUND A DRUG THAT IS ESSENTIALLY A COPY OF ONE OR MORE
 APPROVED DRUGS.
   12. PROHIBITION  AGAINST  COMPOUNDING  DRUGS  PRESENTING  DEMONSTRABLE
 DIFFICULTIES. NO OUTSOURCING FACILITY MAY COMPOUND A DRUG:
   A.  THAT IS IDENTIFIED, DIRECTLY OR AS PART OF A CATEGORY OF DRUGS, ON
 A LIST PUBLISHED BY THE SECRETARY OF  HEALTH  AND  HUMAN  SERVICES  THAT
 PRESENT  DEMONSTRABLE  DIFFICULTIES  FOR COMPOUNDING THAT ARE REASONABLY
 LIKELY TO LEAD TO AN ADVERSE EFFECT ON THE SAFETY  OR  EFFECTIVENESS  OF
 THE  DRUG  OR CATEGORY OF DRUGS, TAKING INTO ACCOUNT THE RISKS AND BENE-
 FITS TO PATIENTS; OR
   B. THAT IS COMPOUNDED IN ACCORDANCE  WITH  ALL  APPLICABLE  CONDITIONS
 IDENTIFIED  ON THE DRUG LIST AS CONDITIONS THAT ARE NECESSARY TO PREVENT
 THE DRUG OR CATEGORY OF DRUGS FROM PRESENTING DEMONSTRABLE DIFFICULTIES.
   13. ADVERSE EVENT REPORTS. OUTSOURCING FACILITIES SHALL SUBMIT A  COPY
 OF  ALL  ADVERSE  EVENT REPORTS SUBMITTED TO THE SECRETARY OF HEALTH AND
 HUMAN SERVICES IN ACCORDANCE WITH THE CONTENT  AND  FORMAT  REQUIREMENTS
 ESTABLISHED  IN SECTION 310.305 OF TITLE 21 OF THE CODE OF FEDERAL REGU-
 LATIONS, OR ANY SUCCESSOR REGULATION, TO THE EXECUTIVE SECRETARY FOR THE
 STATE BOARD OF PHARMACY.
   14. REPORTS. THE COMMISSIONER SHALL PREPARE AND SUBMIT A REPORT TO THE
 GOVERNOR AND THE LEGISLATURE, DUE EIGHTEEN  MONTHS  FROM  THE  EFFECTIVE
 DATE  OF  THIS SECTION, EVALUATING THE EFFECTIVENESS OF THE REGISTRATION
 AND OVERSIGHT OF OUTSOURCING FACILITIES RELATED TO COMPOUNDING.
 S. 4007--A                         363                        A. 3007--A
 
   § 6832. LIMITATIONS ON ASSISTANCE OF AN UNLICENSED PERSON. 1.  SUBJECT
 TO  THE  LIMITATIONS  SET  FORTH  IN SUBDIVISION TWO OF THIS SECTION, AN
 UNLICENSED PERSON MAY ASSIST A LICENSED PHARMACIST IN THE DISPENSING  OF
 DRUGS BY:
   A.  RECEIVING  WRITTEN  OR  ELECTRONICALLY  TRANSMITTED PRESCRIPTIONS,
 EXCEPT THAT IN THE CASE OF ELECTRONICALLY TRANSMITTED PRESCRIPTIONS  THE
 LICENSED  PHARMACIST OR PHARMACY INTERN SHALL REVIEW THE PRESCRIPTION TO
 DETERMINE WHETHER IN HIS  OR  HER  PROFESSIONAL  JUDGMENT  IT  SHALL  BE
 ACCEPTED  BY  THE  PHARMACY, AND IF ACCEPTED, THE LICENSED PHARMACIST OR
 PHARMACY INTERN SHALL ENTER HIS OR HER INITIALS INTO THE RECORDS OF  THE
 PHARMACY;
   B. TYPING PRESCRIPTION LABELS;
   C.  KEYING  PRESCRIPTION DATA FOR ENTRY INTO A COMPUTER-GENERATED FILE
 OR RETRIEVING PRESCRIPTION DATA FROM THE FILE, PROVIDED THAT SUCH COMPU-
 TER-GENERATED FILE SHALL PROVIDE FOR  VERIFICATION  OF  ALL  INFORMATION
 NEEDED  TO  FILL  THE PRESCRIPTION BY A LICENSED PHARMACIST PRIOR TO THE
 DISPENSING OF THE PRESCRIPTION, MEANING  THAT  THE  LICENSED  PHARMACIST
 SHALL  REVIEW AND APPROVE SUCH INFORMATION AND ENTER HIS OR HER INITIALS
 OR OTHER PERSONAL IDENTIFIER INTO THE RECORDKEEPING SYSTEM PRIOR TO  THE
 DISPENSING OF THE PRESCRIPTION OR OF THE PRESCRIPTION REFILL;
   D. GETTING DRUGS FROM STOCK AND RETURNING THEM TO STOCK;
   E.  GETTING  PRESCRIPTION  FILES AND OTHER MANUAL RECORDS FROM STORAGE
 AND LOCATING PRESCRIPTIONS;
   F. COUNTING DOSAGE UNITS OF DRUGS;
   G. PLACING DOSAGE UNITS OF DRUGS IN APPROPRIATE CONTAINERS;
   H. AFFIXING THE PRESCRIPTION LABEL TO THE CONTAINERS;
   I. PREPARING  MANUAL  RECORDS  OF  DISPENSING  FOR  THE  SIGNATURE  OR
 INITIALS OF THE LICENSED PHARMACIST;
   J. HANDING OR DELIVERING COMPLETED PRESCRIPTIONS TO THE PATIENT OR THE
 PERSON  AUTHORIZED  TO  ACT  ON BEHALF OF THE PATIENT AND, IN ACCORDANCE
 WITH THE RELEVANT COMMISSIONER'S REGULATIONS, ADVISING  THE  PATIENT  OR
 PERSON AUTHORIZED TO ACT ON BEHALF OF THE PATIENT OF THE AVAILABILITY OF
 COUNSELING  TO  BE  CONDUCTED  BY  THE  LICENSED  PHARMACIST OR PHARMACY
 INTERN; AND
   K. PERFORMING OTHER FUNCTIONS AS DEFINED BY THE  COMMISSIONER'S  REGU-
 LATIONS.
   2. EXCEPT FOR A LICENSED PHARMACIST EMPLOYED BY A FACILITY LICENSED IN
 ACCORDANCE WITH ARTICLE TWENTY-EIGHT OF THIS CHAPTER OR A PHARMACY OWNED
 AND OPERATED BY SUCH A FACILITY, NO LICENSED PHARMACIST SHALL OBTAIN THE
 ASSISTANCE  OF  MORE THAN FOUR UNLICENSED PERSONS, IN THE PERFORMANCE OF
 THE ACTIVITIES THAT DO NOT REQUIRE LICENSURE, THE TOTAL OF SUCH  PERSONS
 SHALL  NOT  EXCEED  FOUR  INDIVIDUALS  AT ANY ONE TIME. PHARMACY INTERNS
 SHALL BE EXEMPT FROM SUCH RATIOS, BUT SHALL BE SUPERVISED IN  ACCORDANCE
 WITH THE COMMISSIONER'S REGULATIONS. INDIVIDUALS WHO ARE RESPONSIBLE FOR
 THE  ACT  OF PLACING DRUGS WHICH ARE IN UNIT-DOSE PACKAGING INTO MEDICA-
 TION CARTS AS PART OF AN APPROVED UNIT-DOSE DRUG DISTRIBUTION SYSTEM FOR
 PATIENTS IN INSTITUTIONAL SETTINGS SHALL  BE  EXEMPT  FROM  SUCH  RATIO,
 PROVIDED  THAT  SUCH  INDIVIDUALS ARE NOT ALSO ENGAGED IN PERFORMING THE
 ACTIVITIES SET FORTH IN PARAGRAPH B, C, D, E, F, G, H OR I  OF  SUBDIVI-
 SION  ONE  OF  THIS  SECTION.  THE LICENSED PHARMACIST SHALL PROVIDE THE
 DEGREE OF SUPERVISION OF SUCH PERSONS AS MAY BE  APPROPRIATE  TO  ENSURE
 COMPLIANCE  WITH  THE  RELEVANT PROVISIONS OF REGULATIONS OF THE COMMIS-
 SIONER.
 
                                 TITLE 11
                      REGISTERED PHARMACY TECHNICIANS
 S. 4007--A                         364                        A. 3007--A
 
 SECTION 6840. INTRODUCTION.
         6841. DEFINITION  OF THE PRACTICE OF REGISTERED PHARMACY TECHNI-
                 CIAN.
         6842. DEFINITIONS.
         6843. PRACTICE OF REGISTERED PHARMACY TECHNICIAN AND USE OF  THE
                 TITLE "REGISTERED PHARMACY TECHNICIAN".
         6844. REQUIREMENTS  FOR LICENSURE AS A REGISTERED PHARMACY TECH-
                 NICIAN.
   § 6840. INTRODUCTION. THIS TITLE APPLIES TO THE PROFESSION  OF  REGIS-
 TERED  PHARMACY  TECHNICIAN.  THE GENERAL PROVISIONS FOR ALL PROFESSIONS
 CONTAINED IN TITLE ONE OF THIS ARTICLE SHALL APPLY TO THIS TITLE.
   § 6841. DEFINITION OF THE PRACTICE OF REGISTERED PHARMACY  TECHNICIAN.
 1.  A  REGISTERED  PHARMACY  TECHNICIAN  MAY,  UNDER THE DIRECT PERSONAL
 SUPERVISION OF A LICENSED PHARMACIST, ASSIST SUCH  LICENSED  PHARMACIST,
 AS DIRECTED, IN COMPOUNDING, PREPARING, LABELING, OR DISPENSING OF DRUGS
 USED TO FILL VALID PRESCRIPTIONS OR MEDICATION ORDERS OR IN COMPOUNDING,
 PREPARING, AND LABELING IN ANTICIPATION OF A VALID PRESCRIPTION OR MEDI-
 CATION  ORDER  FOR A PATIENT TO BE SERVED BY THE FACILITY, IN ACCORDANCE
 WITH TITLE TEN OF THIS ARTICLE WHERE SUCH TASKS REQUIRE NO  PROFESSIONAL
 JUDGMENT.  SUCH  PROFESSIONAL  JUDGMENT  SHALL  ONLY  BE  EXERCISED BY A
 LICENSED PHARMACIST. A REGISTERED PHARMACY TECHNICIAN MAY ONLY  PRACTICE
 IN  A  FACILITY  LICENSED IN ACCORDANCE WITH ARTICLE TWENTY-EIGHT OF THE
 PUBLIC HEALTH LAW, OR A PHARMACY OWNED AND OPERATED BY SUCH A  FACILITY,
 UNDER  THE DIRECT PERSONAL SUPERVISION OF A LICENSED PHARMACIST EMPLOYED
 IN SUCH A FACILITY OR PHARMACY. SUCH FACILITY SHALL BE  RESPONSIBLE  FOR
 ENSURING  THAT THE REGISTERED PHARMACY TECHNICIAN HAS RECEIVED APPROPRI-
 ATE TRAINING TO ENSURE COMPETENCE BEFORE HE OR SHE  BEGINS  ASSISTING  A
 LICENSED  PHARMACIST  IN COMPOUNDING, PREPARING, LABELING, OR DISPENSING
 OF DRUGS, IN ACCORDANCE WITH THIS TITLE AND TITLE TEN OF  THIS  ARTICLE.
 FOR THE PURPOSES OF THIS TITLE, DIRECT PERSONAL SUPERVISION MEANS SUPER-
 VISION OF PROCEDURES BASED ON INSTRUCTIONS GIVEN DIRECTLY BY A SUPERVIS-
 ING  LICENSED  PHARMACIST  WHO  REMAINS  IN THE IMMEDIATE AREA WHERE THE
 PROCEDURES ARE BEING PERFORMED, AUTHORIZES THE PROCEDURES AND  EVALUATES
 THE  PROCEDURES  PERFORMED  BY THE REGISTERED PHARMACY TECHNICIANS AND A
 SUPERVISING LICENSED PHARMACIST SHALL APPROVE ALL WORK PERFORMED BY  THE
 REGISTERED  PHARMACY  TECHNICIAN  PRIOR  TO THE ACTUAL DISPENSING OF ANY
 DRUG.
   2. IN ADDITION TO THE REGISTERED PHARMACY TECHNICIAN SERVICES INCLUDED
 IN SUBDIVISION ONE OF THIS SECTION, REGISTERED PHARMACY TECHNICIANS  MAY
 ALSO ASSIST A LICENSED PHARMACIST IN THE DISPENSING OF DRUGS BY PERFORM-
 ING  THE  FOLLOWING  FUNCTIONS  THAT DO NOT REQUIRE A LICENSE UNDER THIS
 TITLE:
   A. RECEIVING  WRITTEN  OR  ELECTRONICALLY  TRANSMITTED  PRESCRIPTIONS,
 EXCEPT  THAT IN THE CASE OF ELECTRONICALLY TRANSMITTED PRESCRIPTIONS THE
 LICENSED PHARMACIST OR PHARMACY INTERN SHALL REVIEW THE PRESCRIPTION  TO
 DETERMINE  WHETHER  IN  HIS  OR  HER  PROFESSIONAL  JUDGMENT IT SHALL BE
 ACCEPTED BY THE PHARMACY, AND IF ACCEPTED, THE  LICENSED  PHARMACIST  OR
 PHARMACY  INTERN SHALL ENTER HIS OR HER INITIALS INTO THE RECORDS OF THE
 PHARMACY;
   B. TYPING PRESCRIPTION LABELS;
   C. KEYING PRESCRIPTION DATA FOR ENTRY INTO A  COMPUTER-GENERATED  FILE
 OR RETRIEVING PRESCRIPTION DATA FROM THE FILE, PROVIDED THAT SUCH COMPU-
 TER-GENERATED  FILE  SHALL  PROVIDE  FOR VERIFICATION OF ALL INFORMATION
 NEEDED TO FILL THE PRESCRIPTION BY A LICENSED PHARMACIST  PRIOR  TO  THE
 DISPENSING  OF  THE  PRESCRIPTION,  MEANING THAT THE LICENSED PHARMACIST
 SHALL REVIEW AND APPROVE SUCH INFORMATION AND ENTER HIS OR HER  INITIALS
 S. 4007--A                         365                        A. 3007--A
 
 OR  OTHER PERSONAL IDENTIFIER INTO THE RECORDKEEPING SYSTEM PRIOR TO THE
 DISPENSING OF THE PRESCRIPTION OR OF THE PRESCRIPTION REFILL;
   D. GETTING DRUGS FROM STOCK AND RETURNING THEM TO STOCK;
   E.  GETTING  PRESCRIPTION  FILES AND OTHER MANUAL RECORDS FROM STORAGE
 AND LOCATING PRESCRIPTIONS;
   F. COUNTING DOSAGE UNITS OF DRUGS;
   G. PLACING DOSAGE UNITS OF DRUGS IN APPROPRIATE CONTAINERS;
   H. AFFIXING THE PRESCRIPTION LABEL TO THE CONTAINERS;
   I. PREPARING  MANUAL  RECORDS  OF  DISPENSING  FOR  THE  SIGNATURE  OR
 INITIALS OF THE LICENSED PHARMACIST;
   J. HANDING OR DELIVERING COMPLETED PRESCRIPTIONS TO THE PATIENT OR THE
 PERSON  AUTHORIZED  TO  ACT  ON BEHALF OF THE PATIENT AND, IN ACCORDANCE
 WITH THE RELEVANT COMMISSIONER'S REGULATIONS, ADVISING  THE  PATIENT  OR
 PERSON AUTHORIZED TO ACT ON BEHALF OF THE PATIENT OF THE AVAILABILITY OF
 COUNSELING  TO  BE  CONDUCTED  BY  THE  LICENSED  PHARMACIST OR PHARMACY
 INTERN; OR
   K. PERFORMING OTHER FUNCTIONS AS DEFINED BY THE  COMMISSIONER'S  REGU-
 LATIONS.
   3.  UNDER  THE  DIRECT  PERSONAL SUPERVISION OF A LICENSED PHARMACIST,
 UNLICENSED PERSONS WHO  ARE  NOT  REGISTERED  PHARMACY  TECHNICIANS  MAY
 ASSIST  LICENSED  PHARMACISTS  IN  PERFORMING  TASKS THAT DO NOT REQUIRE
 LICENSURE IN ACCORDANCE WITH REGULATIONS PROMULGATED BY THE COMMISSIONER
 AND ARE ALSO DESCRIBED IN SUBDIVISION TWO OF  THIS  SECTION.  UNLICENSED
 PERSONS  WHO ARE NOT REGISTERED PHARMACY TECHNICIANS SHALL NOT ENGAGE IN
 OR ASSIST IN COMPOUNDING.
   4. NO LICENSED PHARMACIST SHALL OBTAIN THE ASSISTANCE OF MORE THAN TWO
 REGISTERED PHARMACY TECHNICIANS IN THE  PERFORMANCE  OF  LICENSED  TASKS
 WITHIN  THEIR  SCOPE  OF  PRACTICE  OR  FOUR  UNLICENSED PERSONS, IN THE
 PERFORMANCE OF THE ACTIVITIES THAT DO NOT REQUIRE LICENSURE,  THE  TOTAL
 OF SUCH PERSONS SHALL NOT EXCEED FOUR INDIVIDUALS AT ANY ONE TIME. PHAR-
 MACY  INTERNS  SHALL BE EXEMPT FROM SUCH RATIOS, BUT SHALL BE SUPERVISED
 IN ACCORDANCE  WITH  COMMISSIONER'S  REGULATIONS.  INDIVIDUALS  WHO  ARE
 RESPONSIBLE  FOR THE ACT OF PLACING DRUGS WHICH ARE IN UNIT-DOSE PACKAG-
 ING INTO MEDICATION CARTS AS PART OF AN APPROVED UNIT-DOSE DRUG DISTRIB-
 UTION SYSTEM FOR PATIENTS IN INSTITUTIONAL SETTINGS SHALL BE EXEMPT FROM
 SUCH RATIO, PROVIDED THAT SUCH  INDIVIDUALS  ARE  NOT  ALSO  ENGAGED  IN
 PERFORMING  THE  ACTIVITIES SET FORTH IN SUBDIVISION ONE OR PARAGRAPH B,
 C, D, E, F, G, H, OR I OF SUBDIVISION TWO OF THIS SECTION. THE  LICENSED
 PHARMACIST  SHALL  PROVIDE  THE DEGREE OF SUPERVISION OF SUCH PERSONS AS
 MAY BE APPROPRIATE TO ENSURE COMPLIANCE WITH THE RELEVANT PROVISIONS  OF
 REGULATIONS OF THE COMMISSIONER.
   § 6842. DEFINITIONS. AS USED IN THIS TITLE:
   1.  "LICENSED PHARMACIST" MEANS A PERSON LICENSED TO PRACTICE PHARMACY
 PURSUANT TO TITLE TEN OF THIS ARTICLE.
   2. "PHARMACY INTERN" MEANS A PERSON PRACTICING UNDER A LIMITED  PERMIT
 PURSUANT TO SECTION SIXTY-EIGHT HUNDRED SIX OF THIS ARTICLE.
   3.  "PROFESSIONAL  JUDGMENT"  MEANS  PROFESSIONAL DECISION-MAKING BY A
 LICENSED PHARMACIST, INCLUDING, BUT NOT LIMITED TO, SUCH ACTIVITIES AS:
   A. INTERPRETING A PRESCRIPTION OR  MEDICATION  ORDER  FOR  THERAPEUTIC
 ACCEPTABILITY AND APPROPRIATENESS OR ENGAGING IN THE CALCULATIONS BEHIND
 ANY SUCH FORMULATIONS;
   B.  INTERPRETING AND EVALUATING A PRESCRIPTION OR MEDICATION ORDER FOR
 CONFORMANCE WITH LEGAL REQUIREMENTS, AUTHENTICITY, ACCURACY  AND  INTER-
 ACTION  OF  THE PRESCRIBED DRUG WITH OTHER KNOWN PRESCRIBED AND OVER-THE
 -COUNTER DRUGS;
   C. RECEIVING ORAL PRESCRIPTIONS FROM PRESCRIBERS; OR
 S. 4007--A                         366                        A. 3007--A
 
   D. COUNSELING PATIENTS.
   4.  "COMPOUNDING"  MEANS  THE  COMBINING,  ADMIXING, MIXING, DILUTING,
 POOLING, RECONSTITUTING, OR OTHERWISE ALTERING OF A DRUG  OR  BULK  DRUG
 SUBSTANCE TO CREATE A DRUG.
   5.  "DRUGS",  "PHARMACOPEIA", "LABELING" AND "STERILE DRUG" SHALL HAVE
 THE SAME DEFINITIONS AS SET FORTH IN SECTION SIXTY-EIGHT HUNDRED TWO  OF
 THIS ARTICLE.
   §  6843.  PRACTICE  OF  REGISTERED  PHARMACY TECHNICIAN AND USE OF THE
 TITLE "REGISTERED PHARMACY TECHNICIAN". ONLY A PERSON LICENSED TO  PRAC-
 TICE  AS  A REGISTERED PHARMACY TECHNICIAN UNDER THIS TITLE OR OTHERWISE
 AUTHORIZED SHALL PRACTICE AS A REGISTERED PHARMACY TECHNICIAN OR USE THE
 TITLE "REGISTERED PHARMACY TECHNICIAN."
   § 6844. REQUIREMENTS FOR LICENSURE AS A  REGISTERED  PHARMACY  TECHNI-
 CIAN. TO QUALIFY FOR LICENSURE AS A "REGISTERED PHARMACY TECHNICIAN", AN
 APPLICANT SHALL FULFILL THE FOLLOWING REQUIREMENTS:
   1. APPLICATION: FILE AN APPLICATION WITH THE DEPARTMENT;
   2. EDUCATION: HAVE RECEIVED AN EDUCATION, INCLUDING HIGH SCHOOL GRADU-
 ATION OR ITS EQUIVALENT, AS DETERMINED BY THE DEPARTMENT;
   3.  CERTIFICATION  FROM  A  NATIONALLY  ACCREDITED PHARMACY TECHNICIAN
 CERTIFICATION PROGRAM ACCEPTABLE TO THE DEPARTMENT;
   4. AGE: AT THE TIME OF APPLICATION BE AT LEAST EIGHTEEN YEARS OF AGE;
   5. CHARACTER: BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE  DEPART-
 MENT; AND
   6. FEE: PAY A FEE DETERMINED BY THE DEPARTMENT FOR INITIAL LICENSE AND
 FOR EACH TRIENNIAL REGISTRATION PERIOD.
 
                                 TITLE 12
                                  NURSING
 
 SECTION 6900. INTRODUCTION.
         6901. DEFINITIONS.
         6902. DEFINITION OF PRACTICE OF NURSING.
         6903. PRACTICE  OF  NURSING AND USE OF TITLE "REGISTERED PROFES-
                 SIONAL NURSE" OR "LICENSED PRACTICAL NURSE".
         6904. STATE BOARD FOR NURSING.
         6905. REQUIREMENTS FOR A LICENSE AS  A  REGISTERED  PROFESSIONAL
                 NURSE.
         6906. REQUIREMENTS FOR A LICENSE AS A LICENSED PRACTICAL NURSE.
         6907. LIMITED PERMITS.
         6908. EXEMPT PERSONS.
         6909. SPECIAL PROVISION.
         6910. CERTIFICATES FOR NURSE PRACTITIONER PRACTICE.
         6911. CERTIFICATION AS A CLINICAL NURSE SPECIALIST (CNS).
   § 6900. INTRODUCTION. THIS TITLE APPLIES TO THE PROFESSION OF NURSING.
 THE  GENERAL  PROVISIONS  FOR  ALL PROFESSIONS CONTAINED IN TITLE ONE OF
 THIS ARTICLE APPLY TO THIS TITLE.
   § 6901. DEFINITIONS. AS USED IN SECTION SIXTY-NINE HUNDRED TWO OF THIS
 TITLE:
   1. "DIAGNOSING" IN THE CONTEXT OF NURSING PRACTICE  MEANS  THAT  IDEN-
 TIFICATION OF AND DISCRIMINATION BETWEEN PHYSICAL AND PSYCHOSOCIAL SIGNS
 AND  SYMPTOMS  ESSENTIAL  TO  EFFECTIVE  EXECUTION AND MANAGEMENT OF THE
 NURSING REGIMEN. SUCH DIAGNOSTIC PRIVILEGE IS DISTINCT  FROM  A  MEDICAL
 DIAGNOSIS.
   2.  "TREATING"  MEANS  SELECTION  AND PERFORMANCE OF THOSE THERAPEUTIC
 MEASURES ESSENTIAL TO THE EFFECTIVE  EXECUTION  AND  MANAGEMENT  OF  THE
 NURSING REGIMEN, AND EXECUTION OF ANY PRESCRIBED MEDICAL REGIMEN.
 S. 4007--A                         367                        A. 3007--A
 
   3.  "HUMAN  RESPONSES" MEANS THOSE SIGNS, SYMPTOMS AND PROCESSES WHICH
 DENOTE THE INDIVIDUAL'S INTERACTION WITH AN ACTUAL OR  POTENTIAL  HEALTH
 PROBLEM.
   §  6902.  DEFINITION  OF  PRACTICE  OF NURSING. 1. THE PRACTICE OF THE
 PROFESSION OF NURSING AS A REGISTERED PROFESSIONAL NURSE IS  DEFINED  AS
 DIAGNOSING  AND  TREATING  HUMAN RESPONSES TO ACTUAL OR POTENTIAL HEALTH
 PROBLEMS THROUGH SUCH SERVICES AS CASEFINDING, HEALTH  TEACHING,  HEALTH
 COUNSELING,  AND  PROVISION OF CARE SUPPORTIVE TO OR RESTORATIVE OF LIFE
 AND WELL-BEING, AND EXECUTING MEDICAL REGIMENS PRESCRIBED BY A  LICENSED
 PHYSICIAN,  DENTIST  OR  OTHER  LICENSED  HEALTH  CARE  PROVIDER LEGALLY
 AUTHORIZED UNDER THIS TITLE AND IN ACCORDANCE  WITH  THE  COMMISSIONER'S
 REGULATIONS.  A  NURSING  REGIMEN SHALL BE CONSISTENT WITH AND SHALL NOT
 VARY ANY EXISTING MEDICAL REGIMEN.
   2. THE PRACTICE OF NURSING AS A LICENSED PRACTICAL NURSE IS DEFINED AS
 PERFORMING TASKS AND RESPONSIBILITIES WITHIN THE FRAMEWORK OF  CASEFIND-
 ING, HEALTH TEACHING, HEALTH COUNSELING, AND PROVISION OF SUPPORTIVE AND
 RESTORATIVE  CARE UNDER THE DIRECTION OF A REGISTERED PROFESSIONAL NURSE
 OR LICENSED PHYSICIAN, DENTIST OR OTHER LICENSED  HEALTH  CARE  PROVIDER
 LEGALLY AUTHORIZED UNDER THIS ARTICLE AND IN ACCORDANCE WITH THE COMMIS-
 SIONER'S REGULATIONS.
   3.  A.  (I) THE PRACTICE OF REGISTERED PROFESSIONAL NURSING BY A NURSE
 PRACTITIONER, CERTIFIED UNDER SECTION SIX THOUSAND NINE HUNDRED  TEN  OF
 THIS TITLE, MAY INCLUDE THE DIAGNOSIS OF ILLNESS AND PHYSICAL CONDITIONS
 AND  THE  PERFORMANCE  OF  THERAPEUTIC  AND CORRECTIVE MEASURES WITHIN A
 SPECIALTY AREA OF PRACTICE, IN COLLABORATION WITH A  LICENSED  PHYSICIAN
 QUALIFIED  TO  COLLABORATE  IN  THE  SPECIALTY  INVOLVED,  PROVIDED SUCH
 SERVICES ARE PERFORMED IN ACCORDANCE WITH A WRITTEN  PRACTICE  AGREEMENT
 AND  WRITTEN  PRACTICE  PROTOCOLS  EXCEPT AS PERMITTED BY PARAGRAPH B OF
 THIS SUBDIVISION. THE WRITTEN PRACTICE AGREEMENT SHALL INCLUDE  EXPLICIT
 PROVISIONS  FOR  THE  RESOLUTION OF ANY DISAGREEMENT BETWEEN THE COLLAB-
 ORATING PHYSICIAN AND THE NURSE PRACTITIONER REGARDING A MATTER OF DIAG-
 NOSIS OR TREATMENT THAT IS WITHIN THE SCOPE OF PRACTICE OF BOTH. TO  THE
 EXTENT  THE PRACTICE AGREEMENT DOES NOT SO PROVIDE, THEN THE COLLABORAT-
 ING PHYSICIAN'S DIAGNOSIS OR TREATMENT SHALL PREVAIL.
   (II) PRESCRIPTIONS FOR DRUGS, DEVICES AND  IMMUNIZING  AGENTS  MAY  BE
 ISSUED  BY  A  NURSE  PRACTITIONER, UNDER THIS PARAGRAPH AND SECTION SIX
 THOUSAND NINE HUNDRED TEN OF THIS TITLE, IN ACCORDANCE WITH THE PRACTICE
 AGREEMENT AND PRACTICE PROTOCOLS EXCEPT AS PERMITTED BY PARAGRAPH  B  OF
 THIS SUBDIVISION. THE NURSE PRACTITIONER SHALL OBTAIN A CERTIFICATE FROM
 THE  DEPARTMENT  UPON  SUCCESSFULLY  COMPLETING  A  PROGRAM INCLUDING AN
 APPROPRIATE PHARMACOLOGY COMPONENT, OR ITS EQUIVALENT, AS ESTABLISHED BY
 THE COMMISSIONER'S REGULATIONS, PRIOR TO PRESCRIBING  UNDER  THIS  PARA-
 GRAPH.  THE  CERTIFICATE  ISSUED UNDER SECTION SIX THOUSAND NINE HUNDRED
 TEN OF THIS  TITLE  SHALL  STATE  WHETHER  THE  NURSE  PRACTITIONER  HAS
 SUCCESSFULLY COMPLETED SUCH A PROGRAM OR EQUIVALENT AND IS AUTHORIZED TO
 PRESCRIBE UNDER THIS PARAGRAPH.
   (III) EACH PRACTICE AGREEMENT SHALL PROVIDE FOR PATIENT RECORDS REVIEW
 BY  THE COLLABORATING PHYSICIAN IN A TIMELY FASHION BUT IN NO EVENT LESS
 OFTEN THAN EVERY THREE MONTHS. THE NAMES OF THE NURSE  PRACTITIONER  AND
 THE  COLLABORATING  PHYSICIAN  SHALL  BE  CLEARLY POSTED IN THE PRACTICE
 SETTING OF THE NURSE PRACTITIONER.
   (IV) THE PRACTICE PROTOCOL SHALL REFLECT CURRENT ACCEPTED MEDICAL  AND
 NURSING PRACTICE. THE PROTOCOLS SHALL BE FILED WITH THE DEPARTMENT WITH-
 IN  NINETY  DAYS  OF THE COMMENCEMENT OF THE PRACTICE AND MAY BE UPDATED
 PERIODICALLY. THE COMMISSIONER SHALL MAKE REGULATIONS  ESTABLISHING  THE
 S. 4007--A                         368                        A. 3007--A
 
 PROCEDURE  FOR THE REVIEW OF PROTOCOLS AND THE DISPOSITION OF ANY ISSUES
 ARISING FROM SUCH REVIEW.
   (V)  NO  PHYSICIAN SHALL ENTER INTO PRACTICE AGREEMENTS WITH MORE THAN
 FOUR NURSE PRACTITIONERS WHO ARE NOT LOCATED ON THE SAME PHYSICAL  PREM-
 ISES AS THE COLLABORATING PHYSICIAN.
   B.  NOTWITHSTANDING  SUBPARAGRAPH  (I) OF PARAGRAPH A OF THIS SUBDIVI-
 SION, A NURSE PRACTITIONER, CERTIFIED UNDER SECTION  SIXTY-NINE  HUNDRED
 TEN  OF  THIS  TITLE  AND  PRACTICING  FOR  MORE THAN THREE THOUSAND SIX
 HUNDRED HOURS MAY COMPLY WITH THIS PARAGRAPH IN LIEU OF  COMPLYING  WITH
 THE  REQUIREMENTS OF PARAGRAPH A OF THIS SUBDIVISION RELATING TO COLLAB-
 ORATION WITH A PHYSICIAN, A WRITTEN PRACTICE AGREEMENT AND WRITTEN PRAC-
 TICE PROTOCOLS. A NURSE PRACTITIONER COMPLYING WITH THIS PARAGRAPH SHALL
 HAVE COLLABORATIVE RELATIONSHIPS WITH ONE OR  MORE  LICENSED  PHYSICIANS
 QUALIFIED  TO  COLLABORATE  IN  THE  SPECIALTY  INVOLVED  OR A HOSPITAL,
 LICENSED UNDER ARTICLE  TWENTY-EIGHT  OF  THIS  CHAPTER,  THAT  PROVIDES
 SERVICES  THROUGH  LICENSED  PHYSICIANS  QUALIFIED TO COLLABORATE IN THE
 SPECIALTY  INVOLVED  AND  HAVING  PRIVILEGES  AT  SUCH  INSTITUTION.  AS
 EVIDENCE  THAT  THE NURSE PRACTITIONER MAINTAINS COLLABORATIVE RELATION-
 SHIPS, THE NURSE  PRACTITIONER  SHALL  COMPLETE  AND  MAINTAIN  A  FORM,
 CREATED BY THE DEPARTMENT, TO WHICH THE NURSE PRACTITIONER SHALL ATTEST,
 THAT  DESCRIBES  SUCH  COLLABORATIVE RELATIONSHIPS. FOR PURPOSES OF THIS
 PARAGRAPH, "COLLABORATIVE RELATIONSHIPS" SHALL MEAN THAT THE NURSE PRAC-
 TITIONER SHALL COMMUNICATE, WHETHER IN PERSON, BY TELEPHONE  OR  THROUGH
 WRITTEN  (INCLUDING  ELECTRONIC) MEANS, WITH A LICENSED PHYSICIAN QUALI-
 FIED TO COLLABORATE IN THE SPECIALTY INVOLVED  OR,  IN  THE  CASE  OF  A
 HOSPITAL, COMMUNICATE WITH A LICENSED PHYSICIAN QUALIFIED TO COLLABORATE
 IN  THE  SPECIALTY  INVOLVED AND HAVING PRIVILEGES AT SUCH HOSPITAL, FOR
 THE PURPOSES OF EXCHANGING INFORMATION, AS NEEDED, IN ORDER  TO  PROVIDE
 COMPREHENSIVE  PATIENT  CARE  AND  TO MAKE REFERRALS AS NECESSARY.  SUCH
 FORM SHALL ALSO REFLECT THE NURSE PRACTITIONER'S ACKNOWLEDGEMENT THAT IF
 REASONABLE EFFORTS TO RESOLVE  ANY  DISPUTE  THAT  MAY  ARISE  WITH  THE
 COLLABORATING PHYSICIAN OR, IN THE CASE OF A COLLABORATION WITH A HOSPI-
 TAL, WITH A LICENSED PHYSICIAN QUALIFIED TO COLLABORATE IN THE SPECIALTY
 INVOLVED  AND HAVING PRIVILEGES AT SUCH HOSPITAL, ABOUT A PATIENT'S CARE
 ARE NOT SUCCESSFUL, THE RECOMMENDATION OF THE PHYSICIAN  SHALL  PREVAIL.
 SUCH FORM SHALL BE UPDATED AS NEEDED AND MAY BE SUBJECT TO REVIEW BY THE
 DEPARTMENT.  THE  NURSE  PRACTITIONER  SHALL MAINTAIN DOCUMENTATION THAT
 SUPPORTS SUCH COLLABORATIVE RELATIONSHIPS.  FAILURE TO COMPLY  WITH  THE
 REQUIREMENTS  FOUND IN THIS PARAGRAPH BY A NURSE PRACTITIONER WHO IS NOT
 COMPLYING WITH SUCH PROVISIONS OF PARAGRAPH A OF THIS SUBDIVISION, SHALL
 BE SUBJECT TO PROFESSIONAL MISCONDUCT PROVISIONS AS SET FORTH  IN  TITLE
 ONE OF THIS ARTICLE.
   C.  NOTHING  IN  THIS SUBDIVISION SHALL BE DEEMED TO LIMIT OR DIMINISH
 THE PRACTICE OF THE PROFESSION OF NURSING AS A  REGISTERED  PROFESSIONAL
 NURSE  UNDER  THIS  TITLE  OR ANY OTHER LAW, RULE, REGULATION OR CERTIF-
 ICATION, NOR TO DENY ANY REGISTERED PROFESSIONAL NURSE THE RIGHT  TO  DO
 ANY  ACT OR ENGAGE IN ANY PRACTICE AUTHORIZED BY THIS TITLE OR ANY OTHER
 LAW, RULE, REGULATION OR CERTIFICATION.
   D. THE PROVISIONS OF THIS SUBDIVISION SHALL NOT APPLY TO ANY  ACTIVITY
 AUTHORIZED,  PURSUANT TO STATUTE, RULE OR REGULATION, TO BE PERFORMED BY
 A REGISTERED PROFESSIONAL NURSE IN A  HOSPITAL  AS  DEFINED  IN  ARTICLE
 TWENTY-EIGHT OF THIS CHAPTER.
   §  6903. PRACTICE OF NURSING AND USE OF TITLE "REGISTERED PROFESSIONAL
 NURSE" OR "LICENSED PRACTICAL NURSE". ONLY A PERSON LICENSED  OR  OTHER-
 WISE  AUTHORIZED  UNDER  THIS  TITLE  SHALL  PRACTICE NURSING AND ONLY A
 PERSON LICENSED UNDER SECTION SIXTY-NINE  HUNDRED  FIVE  OF  THIS  TITLE
 S. 4007--A                         369                        A. 3007--A
 
 SHALL  USE  THE  TITLE "REGISTERED PROFESSIONAL NURSE" AND ONLY A PERSON
 LICENSED UNDER SECTION SIXTY-NINE HUNDRED SIX OF THIS  TITLE  SHALL  USE
 THE  TITLE  "LICENSED  PRACTICAL  NURSE".  NO PERSON SHALL USE THE TITLE
 "NURSE"  OR  ANY OTHER TITLE OR ABBREVIATION THAT WOULD REPRESENT TO THE
 PUBLIC THAT THE PERSON IS AUTHORIZED  TO  PRACTICE  NURSING  UNLESS  THE
 PERSON IS LICENSED OR OTHERWISE AUTHORIZED UNDER THIS TITLE.
   §  6904.  STATE  BOARD FOR NURSING. A STATE BOARD FOR NURSING SHALL BE
 APPOINTED BY THE DEPARTMENT ON RECOMMENDATION OF  THE  COMMISSIONER  FOR
 THE  PURPOSE  OF  ASSISTING  THE  DEPARTMENT  ON MATTERS OF PROFESSIONAL
 LICENSING AND PROFESSIONAL CONDUCT IN ACCORDANCE WITH SECTION SIXTY-FIVE
 HUNDRED EIGHT OF THIS ARTICLE. THE BOARD SHALL BE COMPOSED OF  NOT  LESS
 THAN  FIFTEEN  MEMBERS,  ELEVEN OF WHOM SHALL BE REGISTERED PROFESSIONAL
 NURSES AND FOUR OF WHOM SHALL BE LICENSED PRACTICAL NURSES ALL  LICENSED
 AND  PRACTICING  IN  THIS  STATE  FOR  AT LEAST FIVE YEARS. AN EXECUTIVE
 SECRETARY TO THE BOARD SHALL BE APPOINTED BY THE DEPARTMENT ON RECOMMEN-
 DATION OF THE COMMISSIONER AND SHALL BE A REGISTERED PROFESSIONAL  NURSE
 REGISTERED IN THIS STATE.
   § 6905. REQUIREMENTS FOR A LICENSE AS A REGISTERED PROFESSIONAL NURSE.
 TO  QUALIFY  FOR A LICENSE AS A REGISTERED PROFESSIONAL NURSE, AN APPLI-
 CANT SHALL FULFILL THE FOLLOWING REQUIREMENTS:
   1. APPLICATION: FILE AN APPLICATION WITH THE DEPARTMENT;
   2. EDUCATION: HAVE RECEIVED AN EDUCATION, AND A DIPLOMA OR  DEGREE  IN
 PROFESSIONAL NURSING, IN ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS,
 AND  IN  ORDER  TO  CONTINUE  TO  MAINTAIN  REGISTRATION AS A REGISTERED
 PROFESSIONAL NURSE IN NEW YORK  STATE,  HAVE  ATTAINED  A  BACCALAUREATE
 DEGREE  OR  HIGHER  IN  NURSING WITHIN TEN YEARS OF INITIAL LICENSURE IN
 ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS. THE DEPARTMENT,  IN  ITS
 DISCRETION, MAY ISSUE A CONDITIONAL REGISTRATION TO A LICENSEE WHO FAILS
 TO  COMPLETE  THE  BACCALAUREATE DEGREE BUT WHO AGREES TO MEET THE ADDI-
 TIONAL REQUIREMENT WITHIN ONE YEAR.  THE  FEE  FOR  SUCH  A  CONDITIONAL
 REGISTRATION  SHALL  BE THE SAME AS, AND IN ADDITION TO, THE FEE FOR THE
 TRIENNIAL REGISTRATION. THE DURATION OF  SUCH  CONDITIONAL  REGISTRATION
 SHALL  BE  FOR  ONE YEAR AND MAY BE EXTENDED, WITH THE PAYMENT OF A FEE,
 FOR NO MORE THAN ONE ADDITIONAL YEAR, UNLESS THE APPLICANT CAN SHOW GOOD
 CAUSE FOR NON-COMPLIANCE ACCEPTABLE TO THE DEPARTMENT.  THE  DEPARTMENT,
 IN  ITS  DISCRETION,  MAY  ISSUE  A TEMPORARY EDUCATIONAL EXEMPTION TO A
 LICENSEE WHO IS UNABLE TO COMPLETE THE BACCALAUREATE  DEGREE  DUE  TO  A
 LACK  OF  ACCESS  TO EDUCATIONAL PROGRAMS. LICENSEES SEEKING A TEMPORARY
 EDUCATIONAL EXEMPTION SHALL PROVIDE EVIDENCE OF APPLYING ON AT LEAST TWO
 OCCASIONS TO A BACCALAUREATE DEGREE PROGRAM OR PROGRAMS AND SUBSEQUENTLY
 BEING DENIED ACCESS TO SUCH PROGRAM OR PROGRAMS ON AT  LEAST  TWO  OCCA-
 SIONS  DUE  TO THERE BEING A LIMITED NUMBER OF SEATS. SUCH DENIALS SHALL
 ALSO BE CORROBORATED BY THE HIGHER EDUCATION INSTITUTION OR INSTITUTIONS
 THAT THE LICENSEE APPLIED TO. TEMPORARY  EDUCATIONAL  EXEMPTIONS  ISSUED
 PURSUANT  TO  THIS  SUBDIVISION  SHALL  BE FOR A SINGLE TWO-YEAR PERIOD.
 LICENSEES SHALL ONLY BE ELIGIBLE FOR EITHER A  CONDITIONAL  REGISTRATION
 OR  A  TEMPORARY  EDUCATIONAL  EXEMPTION.  THE  FEE FOR SUCH A TEMPORARY
 EDUCATIONAL EXEMPTION SHALL BE THE SAME AS, AND IN ADDITION TO, THE  FEE
 FOR  THE  TRIENNIAL  REGISTRATION.   ANY LICENSEE WHO IS NOTIFIED OF THE
 DENIAL OF A REGISTRATION FOR FAILURE TO COMPLETE THE  ADDITIONAL  EDUCA-
 TIONAL REQUIREMENTS AND WHO PRACTICES AS A REGISTERED PROFESSIONAL NURSE
 WITHOUT  SUCH  REGISTRATION  MAY  BE SUBJECT TO DISCIPLINARY PROCEEDINGS
 PURSUANT TO SECTION SIXTY-FIVE HUNDRED TEN OF THIS ARTICLE;
   3. EXPERIENCE: MEET NO REQUIREMENT AS TO EXPERIENCE;
   4. EXAMINATION: PASS AN EXAMINATION SATISFACTORY TO THE BOARD  AND  IN
 ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS;
 S. 4007--A                         370                        A. 3007--A
 
   5. AGE: BE AT LEAST EIGHTEEN YEARS OF AGE;
   6. CITIZENSHIP: MEET NO REQUIREMENT AS TO UNITED STATES CITIZENSHIP;
   7.  CHARACTER: BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE DEPART-
 MENT; AND
   8. FEES: PAY A FEE OF ONE HUNDRED FIFTEEN DOLLARS  TO  THE  DEPARTMENT
 FOR  ADMISSION  TO A DEPARTMENT CONDUCTED EXAMINATION AND FOR AN INITIAL
 LICENSE, A FEE OF FORTY-FIVE DOLLARS FOR EACH REEXAMINATION,  A  FEE  OF
 SEVENTY  DOLLARS FOR AN INITIAL LICENSE FOR PERSONS NOT REQUIRING ADMIS-
 SION TO A DEPARTMENT CONDUCTED EXAMINATION, AND A FEE OF  FIFTY  DOLLARS
 FOR EACH TRIENNIAL REGISTRATION PERIOD.
   §  6906.  REQUIREMENTS FOR A LICENSE AS A LICENSED PRACTICAL NURSE. TO
 QUALIFY FOR A LICENSE AS A LICENSED PRACTICAL NURSE, AN APPLICANT  SHALL
 FULFILL THESE REQUIREMENTS:
   1. APPLICATION: FILE AN APPLICATION WITH THE DEPARTMENT;
   2.  EDUCATION: HAVE RECEIVED AN EDUCATION INCLUDING COMPLETION OF HIGH
 SCHOOL OR ITS EQUIVALENT, AND HAVE  COMPLETED  A  PROGRAM  IN  PRACTICAL
 NURSING,   IN   ACCORDANCE   WITH  THE  COMMISSIONER'S  REGULATIONS,  OR
 COMPLETION OF EQUIVALENT STUDY  SATISFACTORY  TO  THE  DEPARTMENT  IN  A
 PROGRAM  CONDUCTED  BY  THE  ARMED  FORCES OF THE UNITED STATES OR IN AN
 APPROVED PROGRAM IN PROFESSIONAL NURSING;
   3. EXPERIENCE: MEET NO REQUIREMENT AS TO EXPERIENCE;
   4. EXAMINATION: PASS AN EXAMINATION SATISFACTORY TO THE BOARD  AND  IN
 ACCORDANCE  WITH THE COMMISSIONER'S REGULATIONS, PROVIDED, HOWEVER, THAT
 THE EDUCATIONAL REQUIREMENTS  SET  FORTH  IN  SUBDIVISION  TWO  OF  THIS
 SECTION ARE MET PRIOR TO ADMISSION FOR THE LICENSING EXAMINATION;
   5. AGE: BE AT LEAST SEVENTEEN YEARS OF AGE;
   6. CITIZENSHIP: MEET NO REQUIREMENTS AS TO UNITED STATES CITIZENSHIP;
   7.  CHARACTER: BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE DEPART-
 MENT; AND
   8. FEES: PAY A FEE OF ONE HUNDRED FIFTEEN DOLLARS  TO  THE  DEPARTMENT
 FOR  ADMISSION  TO A DEPARTMENT CONDUCTED EXAMINATION AND FOR AN INITIAL
 LICENSE, A FEE OF FORTY-FIVE DOLLARS FOR EACH REEXAMINATION,  A  FEE  OF
 SEVENTY  DOLLARS FOR AN INITIAL LICENSE FOR PERSONS NOT REQUIRING ADMIS-
 SION TO A DEPARTMENT CONDUCTED EXAMINATION, AND A FEE OF  FIFTY  DOLLARS
 FOR EACH TRIENNIAL REGISTRATION PERIOD.
   9.  IN CONJUNCTION WITH AND AS A CONDITION OF EACH TRIENNIAL REGISTRA-
 TION, THE DEPARTMENT SHALL ASK AND  A  LICENSED  PRACTICAL  NURSE  SHALL
 INDICATE  WHETHER THE LICENSED PRACTICAL NURSE IS OR HAS PREVIOUSLY BEEN
 AUTHORIZED AS AN ADVANCED HOME HEALTH AIDE PURSUANT TO  SUBDIVISION  TWO
 OF  SECTION SIXTY-NINE HUNDRED EIGHT OF THIS TITLE. THE DEPARTMENT SHALL
 INCLUDE SUCH INFORMATION IN REPORTS  RELATED  TO  ADVANCED  HOME  HEALTH
 AIDES.
   §  6907.  LIMITED  PERMITS.  1.  A  PERMIT TO PRACTICE AS A REGISTERED
 PROFESSIONAL NURSE OR A PERMIT TO PRACTICE AS A LICENSED PRACTICAL NURSE
 MAY BE ISSUED BY THE DEPARTMENT UPON THE FILING OF AN APPLICATION FOR  A
 LICENSE  AS  A  REGISTERED PROFESSIONAL NURSE OR AS A LICENSED PRACTICAL
 NURSE AND SUBMISSION OF SUCH OTHER INFORMATION  AS  THE  DEPARTMENT  MAY
 REQUIRE TO:
   A. GRADUATES OF SCHOOLS OF NURSING REGISTERED BY THE DEPARTMENT;
   B.  GRADUATES  OF  SCHOOLS OF NURSING APPROVED IN ANOTHER STATE, PROV-
 INCE, OR COUNTRY; OR
   C. APPLICANTS FOR A LICENSE IN PRACTICAL NURSING WHOSE PREPARATION  IS
 DETERMINED  BY  THE  DEPARTMENT TO BE THE EQUIVALENT OF THAT REQUIRED IN
 THIS STATE.
   2. SUCH LIMITED PERMIT SHALL EXPIRE ONE YEAR FROM THE DATE OF ISSUANCE
 OR UPON NOTICE TO THE APPLICANT BY THE DEPARTMENT THAT  THE  APPLICATION
 S. 4007--A                         371                        A. 3007--A
 
 FOR  LICENSE  HAS  BEEN  DENIED,  OR  TEN DAYS AFTER NOTIFICATION TO THE
 APPLICANT OF FAILURE ON THE PROFESSIONAL LICENSING EXAMINATION, WHICHEV-
 ER SHALL FIRST OCCUR. NOTWITHSTANDING THE FOREGOING PROVISIONS  OF  THIS
 SUBDIVISION, IF THE APPLICANT IS WAITING THE RESULT OF A LICENSING EXAM-
 INATION  AT  THE  TIME  SUCH  LIMITED  PERMIT EXPIRES, SUCH PERMIT SHALL
 CONTINUE TO BE VALID UNTIL TEN DAYS AFTER NOTIFICATION TO THE  APPLICANT
 OF THE RESULTS OF SUCH EXAMINATION.
   3.  A LIMITED PERMIT SHALL ENTITLE THE HOLDER TO PRACTICE NURSING ONLY
 UNDER THE SUPERVISION OF A NURSE CURRENTLY REGISTERED IN THIS STATE  AND
 WITH THE ENDORSEMENT OF THE EMPLOYING AGENCY.
   4. FEES. THE FEE FOR EACH LIMITED PERMIT SHALL BE THIRTY-FIVE DOLLARS.
   5. GRADUATES OF SCHOOLS OF NURSING REGISTERED BY THE DEPARTMENT MAY BE
 EMPLOYED  TO  PRACTICE NURSING UNDER SUPERVISION OF A PROFESSIONAL NURSE
 CURRENTLY REGISTERED IN THIS STATE  AND  WITH  THE  ENDORSEMENT  OF  THE
 EMPLOYING AGENCY FOR NINETY DAYS IMMEDIATELY FOLLOWING GRADUATION FROM A
 PROGRAM  IN NURSING AND PENDING RECEIPT OF A LIMITED PERMIT FOR WHICH AN
 APPLICATION HAS BEEN FILED AS PROVIDED IN THIS SECTION.
   § 6908. EXEMPT PERSONS. 1. THIS TITLE SHALL NOT BE CONSTRUED:
   A. AS PROHIBITING (I) 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 NURS-
 ING  UNDER  THE PROVISION OF THIS TITLE; PROVIDED THAT IF SUCH PERSON IS
 REMUNERATED, THE PERSON DOES NOT HOLD HIMSELF OR HERSELF OUT AS ONE  WHO
 ACCEPTS  EMPLOYMENT  FOR  PERFORMING SUCH CARE; OR THE ADMINISTRATION OF
 MEDICATIONS OR TREATMENT BY CHILD DAY CARE  PROVIDERS  OR  EMPLOYEES  OR
 CAREGIVERS OF CHILD DAY CARE PROGRAMS WHERE SUCH PROVIDERS, EMPLOYEES OR
 CAREGIVERS ARE ACTING UNDER THE DIRECTION AND AUTHORITY OF A PARENT OF A
 CHILD,  LEGAL  GUARDIAN,  LEGAL  CUSTODIAN,  OR AN ADULT IN WHOSE CARE A
 CHILD HAS BEEN ENTRUSTED AND WHO HAS BEEN AUTHORIZED BY  THE  PARENT  TO
 CONSENT  TO  ANY  HEALTH  CARE  FOR THE CHILD AND IN COMPLIANCE WITH THE
 REGULATIONS OF THE OFFICE OF CHILDREN AND FAMILY SERVICES PERTAINING  TO
 THE ADMINISTRATION OF MEDICATIONS AND TREATMENT; OR
   (II)  ANY  PERSON FROM THE DOMESTIC ADMINISTRATION OF FAMILY REMEDIES;
 OR
   (III) THE PROVIDING OF CARE BY A PERSON  ACTING  IN  THE  PLACE  OF  A
 PERSON  EXEMPT  UNDER  SUBPARAGRAPH  (I) OF THIS PARAGRAPH, BUT WHO DOES
 HOLD HIMSELF OR HERSELF OUT AS ONE WHO ACCEPTS EMPLOYMENT FOR PERFORMING
 SUCH CARE, WHERE  NURSING  SERVICES  ARE  UNDER  THE  INSTRUCTION  OF  A
 LICENSED  NURSE,  OR  UNDER  THE  INSTRUCTION  OF A PATIENT OR FAMILY OR
 HOUSEHOLD MEMBER DETERMINED BY A REGISTERED  PROFESSIONAL  NURSE  TO  BE
 SELF-DIRECTING  AND  CAPABLE OF PROVIDING SUCH INSTRUCTION, AND SERVICES
 ARE PROVIDED UNDER SECTION THREE  HUNDRED  SIXTY-FIVE-F  OF  THE  SOCIAL
 SERVICES LAW; OR
   (IV) THE FURNISHING OF NURSING ASSISTANCE IN CASE OF AN EMERGENCY; OR
   (V)  TASKS PROVIDED BY A DIRECT SUPPORT STAFF IN PROGRAMS CERTIFIED OR
 APPROVED BY THE OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES,  WHEN
 PERFORMED  UNDER  THE SUPERVISION OF A REGISTERED PROFESSIONAL NURSE AND
 PURSUANT TO A MEMORANDUM OF UNDERSTANDING BETWEEN THE OFFICE FOR  PEOPLE
 WITH  DEVELOPMENTAL  DISABILITIES AND THE DEPARTMENT, IN ACCORDANCE WITH
 AND PURSUANT TO AN  AUTHORIZED  PRACTITIONER'S  ORDERED  CARE,  PROVIDED
 THAT:  (1)  A  REGISTERED  PROFESSIONAL  NURSE DETERMINES, IN HIS OR HER
 PROFESSIONAL JUDGMENT, WHICH TASKS ARE TO BE PERFORMED  BASED  UPON  THE
 COMPLEXITY  OF THE TASKS, THE SKILL AND EXPERIENCE OF THE DIRECT SUPPORT
 STAFF, AND THE HEALTH STATUS OF THE INDIVIDUAL BEING CARED FOR; (2) ONLY
 A DIRECT SUPPORT STAFF WHO HAS COMPLETED TRAINING  AS  REQUIRED  BY  THE
 S. 4007--A                         372                        A. 3007--A
 
 COMMISSIONER  OF  THE  OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES
 MAY PERFORM TASKS PURSUANT TO THIS SUBPARAGRAPH; (3) APPROPRIATE  PROTO-
 COLS  SHALL BE ESTABLISHED TO ENSURE SAFE ADMINISTRATION OF MEDICATIONS;
 (4)  A  DIRECT SUPPORT STAFF SHALL NOT ASSESS THE MEDICATION NEEDS OF AN
 INDIVIDUAL; (5) ADEQUATE  NURSING  SUPERVISION  IS  PROVIDED,  INCLUDING
 TRAINING AND PERIODIC INSPECTION OF PERFORMANCE OF THE TASKS. THE AMOUNT
 AND  TYPE  OF  NURSING SUPERVISION SHALL BE DETERMINED BY THE REGISTERED
 PROFESSIONAL NURSE RESPONSIBLE FOR SUPERVISING SUCH TASK BASED UPON  THE
 COMPLEXITY  OF THE TASKS, THE SKILL AND EXPERIENCE OF THE DIRECT SUPPORT
 STAFF, AND THE HEALTH STATUS OF THE INDIVIDUAL BEING CARED  FOR;  (6)  A
 DIRECT  SUPPORT  STAFF  SHALL  NOT BE AUTHORIZED TO PERFORM ANY TASKS OR
 ACTIVITIES PURSUANT TO THIS SUBPARAGRAPH THAT ARE OUTSIDE THE  SCOPE  OF
 PRACTICE OF A LICENSED PRACTICAL NURSE; (7) A DIRECT SUPPORT STAFF SHALL
 NOT  REPRESENT  HIMSELF  OR  HERSELF,  OR ACCEPT EMPLOYMENT, AS A PERSON
 LICENSED TO PRACTICE NURSING UNDER THE PROVISIONS  OF  THIS  TITLE;  (8)
 DIRECT  SUPPORT STAFF PROVIDING MEDICATION ADMINISTRATION, TUBE FEEDING,
 OR DIABETIC CARE SHALL BE SEPARATELY CERTIFIED, AND SHALL BE RECERTIFIED
 ON AN ANNUAL BASIS; (9) THE REGISTERED PROFESSIONAL NURSE  SHALL  ENSURE
 THAT  THERE  IS A CONSUMER SPECIFIC MEDICATION SHEET FOR EACH MEDICATION
 THAT IS ADMINISTERED; AND (10)  APPROPRIATE  STAFFING  RATIOS  SHALL  BE
 DETERMINED  BY THE OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES AND
 THE DEPARTMENT TO ENSURE ADEQUATE NURSING SUPERVISION. NO DIRECT SUPPORT
 STAFF SHALL PERFORM TASKS UNDER THIS SUBPARAGRAPH UNTIL THE  OFFICE  FOR
 PEOPLE  WITH  DEVELOPMENTAL DISABILITIES AND THE DEPARTMENT HAVE ENTERED
 INTO A MEMORANDUM OF UNDERSTANDING TO EFFECTUATE THE PROVISIONS OF  THIS
 SUBPARAGRAPH.  THE  OFFICE  FOR  PEOPLE  WITH DEVELOPMENTAL DISABILITIES
 SHALL COMPLETE A CRIMINAL BACKGROUND CHECK PURSUANT TO SECTION 16.33  OF
 THE  MENTAL  HYGIENE  LAW  AND  AN  AGENCY  BACKGROUND CHECK PURSUANT TO
 SECTION 16.34 OF THE MENTAL HYGIENE LAW  ON  THE  DIRECT  SUPPORT  STAFF
 PRIOR  TO  THE  COMMENCEMENT  OF ANY PROVISION OF SERVICE PROVIDED UNDER
 THIS SUBPARAGRAPH IF SUCH DIRECT SUPPORT STAFF IS A NEW HIRE.   INDIVID-
 UALS  PROVIDING  SUPERVISION  OR  DIRECT  SUPPORT TASKS PURSUANT TO THIS
 SUBPARAGRAPH SHALL HAVE PROTECTION PURSUANT TO  SECTIONS  SEVEN  HUNDRED
 FORTY AND SEVEN HUNDRED FORTY-ONE OF THE LABOR LAW, WHERE APPLICABLE;
   B. AS INCLUDING SERVICES GIVEN BY ATTENDANTS IN INSTITUTIONS UNDER THE
 JURISDICTION  OF OR SUBJECT TO THE VISITATION OF THE STATE DEPARTMENT OF
 MENTAL HYGIENE IF ADEQUATE MEDICAL AND NURSING SUPERVISION IS PROVIDED;
   C. AS PROHIBITING SUCH PERFORMANCE  OF  NURSING  SERVICE  BY  STUDENTS
 ENROLLED IN REGISTERED SCHOOLS OR PROGRAMS AS MAY BE INCIDENTAL TO THEIR
 COURSE OF STUDY;
   D.  AS PROHIBITING OR PREVENTING THE PRACTICE OF NURSING IN THIS STATE
 BY ANY LEGALLY QUALIFIED NURSE OR  PRACTICAL  NURSE  OF  ANOTHER  STATE,
 PROVINCE,  OR  COUNTRY WHOSE ENGAGEMENT REQUIRES HIM OR HER TO ACCOMPANY
 AND CARE FOR A PATIENT TEMPORARILY RESIDING IN  THIS  STATE  DURING  THE
 PERIOD  OF  SUCH  ENGAGEMENT  PROVIDED SUCH PERSON DOES NOT REPRESENT OR
 HOLD HIMSELF OR HERSELF OUT AS A NURSE OR PRACTICAL NURSE REGISTERED  TO
 PRACTICE IN THIS STATE;
   E.  AS PROHIBITING OR PREVENTING THE PRACTICE OF NURSING IN THIS STATE
 DURING AN EMERGENCY OR DISASTER BY ANY LEGALLY QUALIFIED NURSE OR  PRAC-
 TICAL  NURSE OF ANOTHER STATE, PROVINCE, OR COUNTRY WHO MAY BE RECRUITED
 BY THE AMERICAN NATIONAL RED CROSS OR PURSUANT TO  AUTHORITY  VESTED  IN
 THE  STATE  CIVIL  DEFENSE  COMMISSION  FOR  SUCH  EMERGENCY OR DISASTER
 SERVICE, PROVIDED SUCH PERSON DOES NOT  REPRESENT  OR  HOLD  HIMSELF  OR
 HERSELF OUT AS A NURSE OR PRACTICAL NURSE REGISTERED TO PRACTICE IN THIS
 STATE;
 S. 4007--A                         373                        A. 3007--A
 
   F. AS PROHIBITING OR PREVENTING THE PRACTICE OF NURSING IN THIS STATE,
 IN  OBEDIENCE  TO  THE REQUIREMENTS OF THE LAWS OF THE UNITED STATES, BY
 ANY COMMISSIONED NURSE OFFICER IN THE ARMED FORCES OF THE UNITED  STATES
 OR BY ANY NURSE EMPLOYED IN THE UNITED STATES VETERANS ADMINISTRATION OR
 UNITED  STATES PUBLIC HEALTH SERVICE WHILE ENGAGED IN THE PERFORMANCE OF
 THE ACTUAL DUTIES PRESCRIBED FOR HIM OR  HER  UNDER  THE  UNITED  STATES
 STATUTES,  PROVIDED  SUCH  PERSON  DOES NOT REPRESENT OR HOLD HIMSELF OR
 HERSELF OUT AS A NURSE REGISTERED TO PRACTICE IN THIS STATE;
   G. AS PROHIBITING THE CARE OF THE SICK WHEN DONE  IN  CONNECTION  WITH
 THE PRACTICE OF THE RELIGIOUS TENETS OF ANY CHURCH; OR
   H.  AS PROHIBITING THE PROVISION OF PSYCHOTHERAPY AS DEFINED IN SUBDI-
 VISION TWO OF SECTION EIGHTY-FOUR HUNDRED ONE OF  THIS  ARTICLE  TO  THE
 EXTENT PERMISSIBLE WITHIN THE SCOPE OF PRACTICE OF NURSING AS DEFINED IN
 THIS  TITLE,  BY ANY NOT-FOR-PROFIT CORPORATION OR EDUCATION CORPORATION
 PROVIDING SERVICES WITHIN THE STATE AND OPERATING UNDER A WAIVER  PURSU-
 ANT TO SECTION SIXTY-FIVE HUNDRED THREE-A OF THIS ARTICLE, PROVIDED THAT
 SUCH  ENTITIES  OFFERING  SUCH PSYCHOTHERAPY SERVICES SHALL ONLY PROVIDE
 SUCH SERVICES THROUGH AN INDIVIDUAL APPROPRIATELY LICENSED OR  OTHERWISE
 AUTHORIZED  TO PROVIDE SUCH SERVICES OR A PROFESSIONAL ENTITY AUTHORIZED
 BY LAW TO PROVIDE SUCH SERVICES.
   2. THIS TITLE SHALL NOT BE CONSTRUED  AS  PROHIBITING  ADVANCED  TASKS
 PROVIDED  BY AN ADVANCED HOME HEALTH AIDE IN ACCORDANCE WITH REGULATIONS
 DEVELOPED BY THE COMMISSIONER, IN CONSULTATION WITH THE COMMISSIONER  OF
 HEALTH. AT A MINIMUM, SUCH REGULATIONS SHALL:
   A.  SPECIFY  THE ADVANCED TASKS THAT MAY BE PERFORMED BY ADVANCED HOME
 HEALTH AIDES PURSUANT TO THIS SUBDIVISION. SUCH TASKS SHALL INCLUDE  THE
 ADMINISTRATION  OF MEDICATIONS WHICH ARE ROUTINE AND PREFILLED OR OTHER-
 WISE PACKAGED IN A MANNER THAT PROMOTES RELATIVE EASE OF ADMINISTRATION,
 PROVIDED THAT ADMINISTRATION OF MEDICATIONS BY INJECTION, STERILE PROCE-
 DURES, AND CENTRAL LINE MAINTENANCE  SHALL  BE  PROHIBITED.    PROVIDED,
 HOWEVER,  SUCH  PROHIBITION  SHALL NOT APPLY TO INJECTIONS OF INSULIN OR
 OTHER INJECTIONS FOR DIABETES  CARE,  TO  INJECTIONS  OF  LOW  MOLECULAR
 WEIGHT  HEPARIN,  AND  TO  PRE-FILLED  AUTO-INJECTIONS  OF  NALOXONE AND
 EPINEPHRINE FOR EMERGENCY PURPOSES, AND PROVIDED, FURTHER, THAT ENTITIES
 EMPLOYING ADVANCED HOME HEALTH AIDES PURSUANT TO THIS SUBDIVISION  SHALL
 ESTABLISH A SYSTEMATIC APPROACH TO ADDRESS DRUG DIVERSION;
   B. PROVIDE THAT ADVANCED TASKS PERFORMED BY ADVANCED HOME HEALTH AIDES
 MAY  BE  PERFORMED  ONLY  UNDER  THE  DIRECT SUPERVISION OF A REGISTERED
 PROFESSIONAL NURSE LICENSED IN NEW YORK STATE,  AS  SET  FORTH  IN  THIS
 SUBDIVISION  AND SUBDIVISION EIGHT OF SECTION SIXTY-NINE HUNDRED NINE OF
 THIS TITLE, WHERE SUCH NURSE IS EMPLOYED BY A HOME CARE SERVICES  AGENCY
 LICENSED  OR CERTIFIED PURSUANT TO ARTICLE THIRTY-SIX OF THIS CHAPTER, A
 HOSPICE PROGRAM CERTIFIED PURSUANT TO ARTICLE FORTY OF THIS CHAPTER,  OR
 AN ENHANCED ASSISTED LIVING RESIDENCE LICENSED PURSUANT TO ARTICLE SEVEN
 OF THE SOCIAL SERVICES LAW AND CERTIFIED PURSUANT TO ARTICLE FORTY-SIX-B
 OF THIS CHAPTER. SUCH NURSING SUPERVISION SHALL:
   (I)  INCLUDE  TRAINING  AND  PERIODIC ASSESSMENT OF THE PERFORMANCE OF
 ADVANCED TASKS;
   (II) BE DETERMINED BY THE REGISTERED  PROFESSIONAL  NURSE  RESPONSIBLE
 FOR  SUPERVISING  SUCH  ADVANCED TASKS BASED UPON THE COMPLEXITY OF SUCH
 ADVANCED TASKS, THE SKILL AND EXPERIENCE OF  THE  ADVANCED  HOME  HEALTH
 AIDE,  AND  THE  HEALTH  STATUS OF THE INDIVIDUAL FOR WHOM SUCH ADVANCED
 TASKS ARE BEING PERFORMED;
   (III) INCLUDE A COMPREHENSIVE INITIAL AND THEREAFTER REGULAR AND ONGO-
 ING ASSESSMENT OF THE INDIVIDUAL'S NEEDS;
 S. 4007--A                         374                        A. 3007--A
 
   (IV) INCLUDE AS A REQUIREMENT THAT THE SUPERVISING REGISTERED  PROFES-
 SIONAL  NURSE SHALL VISIT INDIVIDUALS RECEIVING SERVICES FOR THE PURPOSE
 OF SUPERVISING THE SERVICES PROVIDED BY ADVANCED HOME  HEALTH  AIDES  NO
 LESS  THAN  ONCE  EVERY  TWO  WEEKS  AND INCLUDE AS A REQUIREMENT THAT A
 REGISTERED  PROFESSIONAL  NURSE  SHALL  BE AVAILABLE BY TELEPHONE TO THE
 ADVANCED HOME HEALTH AIDE TWENTY-FOUR HOURS A DAY, SEVEN  DAYS  A  WEEK,
 PROVIDED  THAT  A  REGISTERED  PROFESSIONAL  NURSE SHALL BE AVAILABLE TO
 VISIT AN INDIVIDUAL RECEIVING  SERVICES  AS  NECESSARY  TO  PROTECT  THE
 HEALTH AND SAFETY OF SUCH INDIVIDUAL; AND
   (V) AS SHALL BE SPECIFIED BY THE COMMISSIONER, BE PROVIDED IN A MANNER
 THAT  TAKES  INTO ACCOUNT INDIVIDUAL CARE NEEDS, CASE MIX COMPLEXITY AND
 GEOGRAPHIC CONSIDERATIONS AND PROVIDE THAT  THE  NUMBER  OF  INDIVIDUALS
 SERVED  BY A SUPERVISING REGISTERED PROFESSIONAL NURSE IS REASONABLE AND
 PRUDENT.
   C. ESTABLISH A PROCESS BY WHICH A REGISTERED  PROFESSIONAL  NURSE  MAY
 ASSIGN  ADVANCED  TASKS  TO  AN  ADVANCED HOME HEALTH AIDE. SUCH PROCESS
 SHALL INCLUDE, BUT NOT BE LIMITED TO:
   (I) ALLOWING ASSIGNMENT OF ADVANCED TASKS TO AN ADVANCED  HOME  HEALTH
 AIDE  ONLY  WHERE SUCH ADVANCED HOME HEALTH AIDE HAS DEMONSTRATED TO THE
 SATISFACTION OF THE SUPERVISING REGISTERED PROFESSIONAL NURSE COMPETENCY
 IN EVERY ADVANCED TASK THAT SUCH ADVANCED HOME HEALTH AIDE IS AUTHORIZED
 TO PERFORM, A WILLINGNESS TO PERFORM SUCH ADVANCED TASKS, AND THE ABILI-
 TY TO  EFFECTIVELY  AND  EFFICIENTLY  COMMUNICATE  WITH  THE  INDIVIDUAL
 RECEIVING SERVICES AND UNDERSTAND SUCH INDIVIDUAL'S NEEDS;
   (II)  PROHIBITING  ASSIGNMENT  OF  ADVANCED  TASKS TO AN ADVANCED HOME
 HEALTH AIDE IF THE INDIVIDUAL RECEIVING SERVICES DECLINES TO  BE  SERVED
 BY AN ADVANCED HOME HEALTH AIDE;
   (III)  AUTHORIZING  THE  SUPERVISING  REGISTERED PROFESSIONAL NURSE TO
 REVOKE ANY ASSIGNED ADVANCED TASK FROM AN ADVANCED HOME HEALTH AIDE  FOR
 ANY REASON; AND
   (IV)  AUTHORIZING  MULTIPLE  REGISTERED PROFESSIONAL NURSES TO JOINTLY
 AGREE TO ASSIGN ADVANCED TASKS TO AN ADVANCED HOME HEALTH AIDE, PROVIDED
 FURTHER THAT ONLY ONE REGISTERED PROFESSIONAL NURSE SHALL BE REQUIRED TO
 DETERMINE IF THE ADVANCED HOME HEALTH AIDE HAS  DEMONSTRATED  COMPETENCY
 IN THE ADVANCED TASK TO BE PERFORMED;
   D.  PROVIDE  THAT  ADVANCED  TASKS MAY BE PERFORMED ONLY IN ACCORDANCE
 WITH AND PURSUANT TO AN AUTHORIZED HEALTH PRACTITIONER'S ORDERED CARE;
   E. PROVIDE THAT ONLY A CERTIFIED HOME HEALTH AIDE MAY PERFORM ADVANCED
 TASKS AS AN ADVANCED HOME HEALTH AIDE WHEN SUCH AIDE HAS:
   (I) AT LEAST ONE YEAR OF EXPERIENCE PROVIDING EITHER  HOME  HEALTH  OR
 PERSONAL CARE SERVICES, OR A COMBINATION OF THE SAME;
   (II) COMPLETED THE REQUISITE TRAINING AND DEMONSTRATED COMPETENCIES OF
 AN ADVANCED HOME HEALTH AIDE AS DETERMINED BY THE COMMISSIONER;
   (III)  SUCCESSFULLY  COMPLETED COMPETENCY EXAMINATIONS SATISFACTORY TO
 THE COMMISSIONER; AND
   (IV) MEETS OTHER  APPROPRIATE  QUALIFICATIONS  AS  DETERMINED  BY  THE
 COMMISSIONER IN CONSULTATION WITH THE COMMISSIONER OF HEALTH;
   F.  PROVIDE  THAT  ONLY  AN  INDIVIDUAL WHO IS LISTED IN THE HOME CARE
 SERVICES REGISTRY MAINTAINED BY THE DEPARTMENT PURSUANT TO SECTION THIR-
 TY-SIX HUNDRED THIRTEEN OF THIS CHAPTER AS HAVING SATISFIED ALL APPLICA-
 BLE TRAINING REQUIREMENTS AND HAVING PASSED  THE  APPLICABLE  COMPETENCY
 EXAMINATIONS  AND  WHO  MEETS  OTHER  REQUIREMENTS AS SET FORTH IN REGU-
 LATIONS ISSUED BY THE COMMISSIONER PURSUANT TO SUBDIVISION SEVENTEEN  OF
 SECTION  THIRTY-SIX  HUNDRED  TWO  OF  THIS CHAPTER MAY PERFORM ADVANCED
 TASKS PURSUANT TO THIS SUBDIVISION AND MAY HOLD HIMSELF OR  HERSELF  OUT
 AS AN ADVANCED HOME HEALTH AIDE;
 S. 4007--A                         375                        A. 3007--A
 
   G.  ESTABLISH  MINIMUM  STANDARDS  OF  TRAINING FOR THE PERFORMANCE OF
 ADVANCED TASKS BY ADVANCED HOME HEALTH AIDES, INCLUDING DIDACTIC  TRAIN-
 ING,  CLINICAL TRAINING, AND A SUPERVISED CLINICAL PRACTICUM WITH STAND-
 ARDS SET FORTH BY THE COMMISSIONER;
   H. PROVIDE THAT ADVANCED HOME HEALTH AIDES SHALL RECEIVE CASE-SPECIFIC
 TRAINING  ON THE ADVANCED TASKS TO BE ASSIGNED BY THE SUPERVISING NURSE,
 PROVIDED THAT ADDITIONAL TRAINING SHALL TAKE PLACE  WHENEVER  ADDITIONAL
 ADVANCED TASKS ARE ASSIGNED;
   I.  PROHIBIT  AN  ADVANCED  HOME  HEALTH  AIDE FROM HOLDING HIMSELF OR
 HERSELF OUT, OR ACCEPTING EMPLOYMENT AS, A PERSON LICENSED  TO  PRACTICE
 NURSING UNDER THE PROVISIONS OF THIS TITLE;
   J.  PROVIDE  THAT  AN  ADVANCED  HOME  HEALTH AIDE IS NOT REQUIRED NOR
 PERMITTED TO ASSESS THE MEDICATION OR MEDICAL NEEDS OF AN INDIVIDUAL;
   K. PROVIDE THAT AN ADVANCED HOME HEALTH AIDE SHALL NOT  BE  AUTHORIZED
 TO PERFORM ANY ADVANCED TASKS OR ACTIVITIES PURSUANT TO THIS SUBDIVISION
 THAT  ARE OUTSIDE THE SCOPE OF PRACTICE OF A LICENSED PRACTICAL NURSE OR
 ANY ADVANCED TASKS THAT HAVE NOT  BEEN  APPROPRIATELY  ASSIGNED  BY  THE
 SUPERVISING REGISTERED PROFESSIONAL NURSE;
   L.  PROVIDE  THAT  AN  ADVANCED  HOME  HEALTH  AIDE SHALL DOCUMENT ALL
 ADVANCED TASKS PROVIDED TO AN INDIVIDUAL, INCLUDING MEDICATION  ADMINIS-
 TRATION  TO  EACH  INDIVIDUAL  THROUGH  THE USE OF A MEDICATION ADMINIS-
 TRATION RECORD; AND
   M. PROVIDE THAT THE SUPERVISING REGISTERED  PROFESSIONAL  NURSE  SHALL
 RETAIN  THE  DISCRETION  TO  DECIDE  WHETHER TO ASSIGN ADVANCED TASKS TO
 ADVANCED HOME HEALTH AIDES UNDER THIS PROGRAM AND SHALL NOT  BE  SUBJECT
 TO  COERCION,  RETALIATION,  OR THE THREAT OF RETALIATION; IN DEVELOPING
 SUCH REGULATIONS, THE COMMISSIONER SHALL TAKE INTO ACCOUNT THE RECOMMEN-
 DATIONS OF A WORKGROUP OF STAKEHOLDERS CONVENED BY THE COMMISSIONER  FOR
 THE PURPOSE OF PROVIDING GUIDANCE ON THE FOREGOING.
   §   6909.  SPECIAL  PROVISION.  1.  NOTWITHSTANDING  ANY  INCONSISTENT
 PROVISION OF ANY GENERAL, SPECIAL, OR LOCAL LAW, ANY LICENSED REGISTERED
 PROFESSIONAL NURSE OR LICENSED PRACTICAL NURSE WHO VOLUNTARILY AND WITH-
 OUT THE EXPECTATION OF MONETARY COMPENSATION RENDERS FIRST AID OR  EMER-
 GENCY  TREATMENT AT THE SCENE OF AN ACCIDENT OR OTHER EMERGENCY, OUTSIDE
 A HOSPITAL, DOCTOR'S OFFICE OR ANY OTHER PLACE HAVING PROPER AND  NECES-
 SARY  MEDICAL  EQUIPMENT, TO A PERSON WHO IS UNCONSCIOUS, ILL OR INJURED
 SHALL NOT BE LIABLE FOR  DAMAGES  FOR  INJURIES  ALLEGED  TO  HAVE  BEEN
 SUSTAINED  BY  SUCH  PERSON  OR FOR DAMAGES FOR THE DEATH OF SUCH PERSON
 ALLEGED TO HAVE OCCURRED BY REASON OF AN ACT OR OMISSION IN THE  RENDER-
 ING  OF  SUCH  FIRST AID OR EMERGENCY TREATMENT UNLESS IT IS ESTABLISHED
 THAT SUCH INJURIES WERE OR SUCH DEATH WAS CAUSED BY GROSS NEGLIGENCE  ON
 THE  PART  OF  SUCH  REGISTERED PROFESSIONAL NURSE OR LICENSED PRACTICAL
 NURSE. NOTHING IN THIS SUBDIVISION  SHALL  BE  DEEMED  OR  CONSTRUED  TO
 RELIEVE  A  LICENSED REGISTERED PROFESSIONAL NURSE OR LICENSED PRACTICAL
 NURSE FROM LIABILITY FOR DAMAGES FOR INJURIES OR DEATH CAUSED BY AN  ACT
 OR  OMISSION  ON  THE  PART  OF  SUCH NURSE WHILE RENDERING PROFESSIONAL
 SERVICES IN THE NORMAL AND ORDINARY COURSE OF HER PRACTICE.
   2. NOTHING IN THIS TITLE SHALL BE CONSTRUED TO CONFER THE AUTHORITY TO
 PRACTICE MEDICINE OR DENTISTRY.
   3. AN APPLICANT FOR A LICENSE AS A REGISTERED  PROFESSIONAL  NURSE  OR
 LICENSED  PRACTICAL  NURSE BY ENDORSEMENT OF A LICENSE OF ANOTHER STATE,
 PROVINCE OR COUNTRY WHOSE APPLICATION  WAS  FILED  WITH  THE  DEPARTMENT
 UNDER  THE LAWS IN EFFECT PRIOR TO AUGUST THIRTY-FIRST, NINETEEN HUNDRED
 SEVENTY-ONE SHALL BE LICENSED ONLY UPON  SUCCESSFUL  COMPLETION  OF  THE
 APPROPRIATE  LICENSING  EXAMINATION  UNLESS SATISFACTORY EVIDENCE OF THE
 S. 4007--A                         376                        A. 3007--A

 COMPLETION OF ALL EDUCATIONAL REQUIREMENTS IS SUBMITTED TO  THE  DEPART-
 MENT PRIOR TO SEPTEMBER ONE, NINETEEN HUNDRED SEVENTY-SEVEN.
   4.  A  CERTIFIED  NURSE PRACTITIONER MAY PRESCRIBE AND ORDER A NON-PA-
 TIENT SPECIFIC REGIMEN TO A REGISTERED PROFESSIONAL NURSE,  PURSUANT  TO
 REGULATIONS PROMULGATED BY THE COMMISSIONER, CONSISTENT WITH SUBDIVISION
 THREE  OF  SECTION  SIX  THOUSAND  NINE  HUNDRED  TWO OF THIS TITLE, AND
 CONSISTENT WITH THIS CHAPTER, FOR:
   A. ADMINISTERING IMMUNIZATIONS;
   B. THE EMERGENCY TREATMENT OF ANAPHYLAXIS;
   C. ADMINISTERING PURIFIED PROTEIN  DERIVATIVE  (PPD)  TESTS  OR  OTHER
 TESTS TO DETECT OR SCREEN FOR TUBERCULOSIS INFECTIONS;
   D.  ADMINISTERING TESTS TO DETERMINE THE PRESENCE OF THE HUMAN IMMUNO-
 DEFICIENCY VIRUS;
   E. ADMINISTERING TESTS TO DETERMINE THE PRESENCE OF  THE  HEPATITIS  C
 VIRUS;
   F.  THE  URGENT  OR  EMERGENCY TREATMENT OF OPIOID RELATED OVERDOSE OR
 SUSPECTED OPIOID RELATED OVERDOSE; OR
   G. SCREENING OF PERSONS AT INCREASED RISK FOR SYPHILIS, GONORRHEA  AND
 CHLAMYDIA.
   5.  A REGISTERED PROFESSIONAL NURSE MAY EXECUTE A NON-PATIENT SPECIFIC
 REGIMEN PRESCRIBED OR ORDERED BY A LICENSED PHYSICIAN OR CERTIFIED NURSE
 PRACTITIONER, PURSUANT TO REGULATIONS PROMULGATED BY THE COMMISSIONER.
   6. A REGISTERED PROFESSIONAL NURSE DEFINED UNDER  SUBDIVISION  ONE  OF
 SECTION  SIXTY-NINE  HUNDRED  TWO OF THIS TITLE MAY USE ACCEPTED CLASSI-
 FICATIONS OF SIGNS, SYMPTOMS, DYSFUNCTIONS AND DISORDERS, INCLUDING, BUT
 NOT LIMITED TO, CLASSIFICATIONS USED IN THE  PRACTICE  SETTING  FOR  THE
 PURPOSE OF PROVIDING MENTAL HEALTH SERVICES.
   7.  A  CERTIFIED  NURSE PRACTITIONER MAY PRESCRIBE AND ORDER A PATIENT
 SPECIFIC ORDER OR NON-PATIENT SPECIFIC REGIMEN TO A LICENSED PHARMACIST,
 PURSUANT TO REGULATIONS PROMULGATED BY THE COMMISSIONER, AND  CONSISTENT
 WITH THIS CHAPTER, FOR:
   A.  ADMINISTERING  IMMUNIZATIONS  TO PREVENT INFLUENZA TO PATIENTS TWO
 YEARS OF AGE OR OLDER;
   B. ADMINISTERING IMMUNIZATIONS TO PREVENT PNEUMOCOCCAL,  ACUTE  HERPES
 ZOSTER,  HEPATITIS A, HEPATITIS B, HUMAN PAPILLOMAVIRUS, MEASLES, MUMPS,
 RUBELLA, VARICELLA,  COVID-19,  MENINGOCOCCAL,  TETANUS,  DIPHTHERIA  OR
 PERTUSSIS  DISEASE  AND  MEDICATIONS REQUIRED FOR EMERGENCY TREATMENT OF
 ANAPHYLAXIS TO PATIENTS EIGHTEEN YEARS OF AGE OR OLDER; AND
   C. ADMINISTERING  OTHER  IMMUNIZATIONS  RECOMMENDED  BY  THE  ADVISORY
 COMMITTEE  ON  IMMUNIZATION PRACTICES OF THE CENTERS FOR DISEASE CONTROL
 AND PREVENTION FOR PATIENTS EIGHTEEN  YEARS  OF  AGE  OR  OLDER  IF  THE
 COMMISSIONER  DETERMINES  THAT  AN  IMMUNIZATION:  (I) (1) MAY BE SAFELY
 ADMINISTERED BY A LICENSED PHARMACIST WITHIN THEIR LAWFUL SCOPE OF PRAC-
 TICE; AND (2) IS NEEDED TO PREVENT  THE  TRANSMISSION  OF  A  REPORTABLE
 COMMUNICABLE  DISEASE  THAT IS PREVALENT IN NEW YORK STATE; OR (II) IS A
 RECOMMENDED IMMUNIZATION FOR SUCH PATIENTS WHO:  (1) MEET  AGE  REQUIRE-
 MENTS, (2) LACK DOCUMENTATION OF SUCH IMMUNIZATION, (3) LACK EVIDENCE OF
 PAST  INFECTION,  OR (4) HAVE AN ADDITIONAL RISK FACTOR OR ANOTHER INDI-
 CATION AS RECOMMENDED BY THE ADVISORY COMMITTEE  ON  IMMUNIZATION  PRAC-
 TICES OF THE CENTERS FOR DISEASE CONTROL AND PREVENTION. NOTHING IN THIS
 SUBDIVISION  SHALL  AUTHORIZE UNLICENSED PERSONS TO ADMINISTER IMMUNIZA-
 TIONS, VACCINES OR OTHER DRUGS.
   8. A REGISTERED PROFESSIONAL NURSE, WHILE  WORKING  FOR  A  HOME  CARE
 SERVICES  AGENCY LICENSED OR CERTIFIED PURSUANT TO ARTICLE THIRTY-SIX OF
 THIS CHAPTER, A HOSPICE PROGRAM CERTIFIED PURSUANT TO ARTICLE  FORTY  OF
 THIS CHAPTER, OR AN ENHANCED ASSISTED LIVING RESIDENCE LICENSED PURSUANT
 S. 4007--A                         377                        A. 3007--A
 
 TO  ARTICLE  SEVEN  OF THE SOCIAL SERVICES LAW AND CERTIFIED PURSUANT TO
 ARTICLE FORTY-SIX-B OF THIS CHAPTER MAY, IN ACCORDANCE WITH THIS  SUBDI-
 VISION,  ASSIGN ADVANCED HOME HEALTH AIDES TO PERFORM ADVANCED TASKS FOR
 INDIVIDUALS  PURSUANT  TO  THE  PROVISIONS OF SUBDIVISION TWO OF SECTION
 SIXTY-NINE HUNDRED EIGHT OF  THIS  TITLE  AND  SUPERVISE  ADVANCED  HOME
 HEALTH AIDES WHO PERFORM ASSIGNED ADVANCED TASKS.
   A.  PRIOR  TO  ASSIGNING  OR  MODIFYING  AN  ASSIGNMENT  TO PERFORM AN
 ADVANCED TASK, THE REGISTERED PROFESSIONAL NURSE SHALL:
   (I) COMPLETE A NURSING ASSESSMENT TO ASCERTAIN  THE  CLIENT'S  CURRENT
 HEALTH STATUS AND CARE NEEDS; AND
   (II) PROVIDE TO THE ADVANCED HOME HEALTH AIDE WRITTEN, INDIVIDUAL-SPE-
 CIFIC  INSTRUCTIONS  FOR  PERFORMING  THE ADVANCED TASK AND CRITERIA FOR
 IDENTIFYING, REPORTING AND RESPONDING TO PROBLEMS OR COMPLICATIONS.
   B. THE REGISTERED PROFESSIONAL NURSE SHALL NOT ASSIGN AN ADVANCED TASK
 UNLESS:
   (I) THE ADVANCED TASK TO BE ASSIGNED IS CONSISTENT WITH AN  AUTHORIZED
 HEALTH PRACTITIONER'S ORDERED CARE;
   (II) THE REGISTERED PROFESSIONAL NURSE PROVIDES CASE SPECIFIC TRAINING
 TO  THE  ADVANCED  HOME  HEALTH  AIDE  AND  PERSONALLY VERIFIES THAT THE
 ADVANCED HOME  HEALTH  AIDE  CAN  SAFELY  AND  COMPETENTLY  PERFORM  THE
 ADVANCED TASK;
   (III)  THE  REGISTERED PROFESSIONAL NURSE DETERMINES THAT THE ADVANCED
 HOME HEALTH AIDE IS WILLING TO PERFORM SUCH ADVANCED TASK; AND
   (IV) THE REGISTERED PROFESSIONAL NURSE DETERMINES  THAT  THE  ADVANCED
 HOME HEALTH AIDE IS ABLE TO EFFECTIVELY AND EFFICIENTLY COMMUNICATE WITH
 THE  INDIVIDUAL  RECEIVING  SERVICES  AND  UNDERSTAND  SUCH INDIVIDUAL'S
 NEEDS.
   C. THE SUPERVISING REGISTERED PROFESSIONAL NURSE SHALL:
   (I) VISIT INDIVIDUALS RECEIVING SERVICES FOR THE PURPOSE OF  SUPERVIS-
 ING  THE  SERVICES  PROVIDED  BY ADVANCED HOME HEALTH AIDES NO LESS THAN
 ONCE EVERY TWO WEEKS; AND
   (II) CONDUCT REGULAR AND ONGOING ASSESSMENT OF THE INDIVIDUAL'S NEEDS.
   9. A CERTIFIED NURSE PRACTITIONER MAY PRESCRIBE AND  ORDER  A  PATIENT
 SPECIFIC  ORDER  OR NON-PATIENT SPECIFIC ORDER TO A LICENSED PHARMACIST,
 PURSUANT TO REGULATIONS PROMULGATED BY THE COMMISSIONER OF  HEALTH,  AND
 CONSISTENT  WITH  THIS CHAPTER, FOR DISPENSING UP TO A SEVEN DAY STARTER
 PACK OF HIV POST-EXPOSURE PROPHYLAXIS  FOR  THE  PURPOSE  OF  PREVENTING
 HUMAN IMMUNODEFICIENCY VIRUS INFECTION FOLLOWING A POTENTIAL HUMAN IMMU-
 NODEFICIENCY VIRUS EXPOSURE.
   10.  A  REGISTERED PROFESSIONAL NURSE MAY EXECUTE A STANDING ORDER FOR
 NEWBORN CARE  IN  A  HOSPITAL  ESTABLISHED  UNDER  SECTION  TWENTY-EIGHT
 HUNDRED  THREE-V  OF  THIS  CHAPTER,  AS  PROVIDED  IN THAT SECTION. THE
 COMMISSIONER MAY MAKE REGULATIONS RELATING  TO  IMPLEMENTATION  OF  THIS
 SUBDIVISION.
   11.  A  CERTIFIED NURSE PRACTITIONER MAY PRESCRIBE AND ORDER A NON-PA-
 TIENT-SPECIFIC REGIMEN TO A LICENSED PHARMACIST, FOR INSULIN AND RELATED
 SUPPLIES PURSUANT TO SECTION SIXTY-EIGHT HUNDRED ONE OF THIS ARTICLE.
   § 6910. CERTIFICATES FOR NURSE PRACTITIONER PRACTICE. 1. FOR  ISSUANCE
 OF  A  CERTIFICATE TO PRACTICE AS A NURSE PRACTITIONER UNDER SUBDIVISION
 THREE OF SECTION SIX THOUSAND NINE HUNDRED TWO OF THIS TITLE, THE APPLI-
 CANT SHALL FULFILL THE FOLLOWING REQUIREMENTS:
   A. APPLICATION: FILE AN APPLICATION WITH THE DEPARTMENT;
   B. LICENSE: BE LICENSED AS A  REGISTERED  PROFESSIONAL  NURSE  IN  THE
 STATE;
   C.  EDUCATION:  (I) HAVE SATISFACTORILY COMPLETED EDUCATIONAL PREPARA-
 TION FOR PROVISION OF THESE SERVICES IN  A  PROGRAM  REGISTERED  BY  THE
 S. 4007--A                         378                        A. 3007--A
 
 DEPARTMENT OR IN A PROGRAM DETERMINED BY THE DEPARTMENT TO BE THE EQUIV-
 ALENT; OR
   (II) SUBMIT EVIDENCE OF CURRENT CERTIFICATION BY A NATIONAL CERTIFYING
 BODY, RECOGNIZED BY THE DEPARTMENT; OR
   (III) MEET SUCH ALTERNATIVE CRITERIA AS ESTABLISHED BY THE COMMISSION-
 ER'S REGULATIONS;
   D. FEES: PAY A FEE TO THE DEPARTMENT OF FIFTY DOLLARS FOR EACH INITIAL
 CERTIFICATE  AUTHORIZING NURSE PRACTITIONER PRACTICE IN A SPECIALTY AREA
 AND A TRIENNIAL REGISTRATION FEE OF THIRTY DOLLARS.  REGISTRATION  UNDER
 THIS  SECTION  SHALL BE COTERMINOUS WITH THE NURSE PRACTITIONER'S REGIS-
 TRATION AS A PROFESSIONAL NURSE.
   2. ONLY A PERSON CERTIFIED UNDER THIS  SECTION  SHALL  USE  THE  TITLE
 "NURSE PRACTITIONER".
   3.  THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO ANY ACT OR PRAC-
 TICE AUTHORIZED BY ANY OTHER LAW, RULE, REGULATION OR CERTIFICATION.
   4. THE PROVISIONS OF THIS SECTION SHALL  NOT  APPLY  TO  ANY  ACTIVITY
 AUTHORIZED,  PURSUANT TO STATUTE, RULE OR REGULATION, TO BE PERFORMED BY
 A REGISTERED PROFESSIONAL NURSE IN A  HOSPITAL  AS  DEFINED  IN  ARTICLE
 TWENTY-EIGHT OF THIS CHAPTER.
   5.  THE COMMISSIONER IS AUTHORIZED TO PROMULGATE REGULATIONS TO IMPLE-
 MENT THE PROVISIONS OF THIS SECTION.
   § 6911. CERTIFICATION AS A CLINICAL NURSE SPECIALIST (CNS).  1.    FOR
 ISSUANCE  OF  A  CERTIFICATE  TO PRACTICE AS A CLINICAL NURSE SPECIALIST
 UNDER SECTION SIX THOUSAND NINE HUNDRED TWO OF THIS TITLE, THE APPLICANT
 SHALL FULFILL THE FOLLOWING REQUIREMENTS:
   A. FILE AN APPLICATION WITH THE DEPARTMENT;
   B. BE LICENSED AS A REGISTERED PROFESSIONAL NURSE IN THIS STATE;
   C. (I) HAVE SATISFACTORILY COMPLETED AN EDUCATIONAL PROGRAM REGISTERED
 BY THE DEPARTMENT INCLUDING A MASTER'S OR DOCTORAL DEGREE,  OR  A  POST-
 MASTER'S  CERTIFICATE  FROM A PROGRAM ACCEPTABLE TO THE DEPARTMENT WHICH
 PREPARES GRADUATES TO PRACTICE AS CNSS AND  WHICH  IS  ACCREDITED  BY  A
 NATIONAL  NURSING ACCREDITED BODY ACCEPTABLE TO THE DEPARTMENT, AND (II)
 MEETS ALL OTHER REQUIREMENTS ESTABLISHED BY THE DEPARTMENT  TO  PRACTICE
 AS A CLINICAL NURSE SPECIALIST, OR (III) HAVE RECEIVED EDUCATIONAL PREP-
 ARATION DETERMINED BY THE DEPARTMENT TO BE THE SUBSTANTIAL EQUIVALENT OF
 SUBPARAGRAPHS (I) AND (II) OF THIS PARAGRAPH; AND
   D.  PAY  A  FEE  TO  THE  DEPARTMENT OF FIFTY DOLLARS FOR EACH INITIAL
 CERTIFICATE AUTHORIZING CLINICAL NURSE SPECIALIST PRACTICE AND A  TRIEN-
 NIAL  REGISTRATION  FEE  OF  THIRTY  DOLLARS.    REGISTRATION UNDER THIS
 SECTION SHALL BE COTERMINOUS WITH THE CLINICAL NURSE SPECIALIST'S REGIS-
 TRATION AS A PROFESSIONAL NURSE.
   2. ONLY A PERSON CERTIFIED UNDER THIS  SECTION  SHALL  USE  THE  TITLE
 "CLINICAL NURSE SPECIALIST" OR THE DESIGNATION "CNS".
 
                                 TITLE 13
                    PROFESSIONAL MIDWIFERY PRACTICE ACT
 
 SECTION 6950. INTRODUCTION.
         6951. DEFINITION OF PRACTICE OF MIDWIFERY.
         6952. PRACTICE OF MIDWIFERY.
         6953. USE OF TITLE "MIDWIFE".
         6954. STATE BOARD OF MIDWIFERY.
         6955. REQUIREMENTS FOR A PROFESSIONAL LICENSE.
         6956. PRIOR NURSE-MIDWIFERY CERTIFICATION.
         6957. EXEMPT PERSONS.
         6958. LIMITED PERMIT.
 S. 4007--A                         379                        A. 3007--A

   §  6950. INTRODUCTION. THIS TITLE APPLIES TO THE PROFESSION OF MIDWIF-
 ERY.  THE GENERAL PROVISIONS FOR ALL PROFESSIONS CONTAINED IN TITLE  ONE
 OF THIS ARTICLE APPLY TO THIS TITLE.
   §  6951.  DEFINITION  OF PRACTICE OF MIDWIFERY. 1. THE PRACTICE OF THE
 PROFESSION OF MIDWIFERY IS DEFINED AS THE MANAGEMENT OF NORMAL  PREGNAN-
 CIES,  CHILD  BIRTH  AND  POSTPARTUM  CARE AS WELL AS PRIMARY PREVENTIVE
 REPRODUCTIVE HEALTH CARE OF ESSENTIALLY HEALTHY WOMEN, AND SHALL INCLUDE
 NEWBORN EVALUATION, RESUSCITATION AND REFERRAL FOR INFANTS.   A  MIDWIFE
 SHALL HAVE COLLABORATIVE RELATIONSHIPS WITH (I) A LICENSED PHYSICIAN WHO
 IS  BOARD CERTIFIED AS AN OBSTETRICIAN-GYNECOLOGIST BY A NATIONAL CERTI-
 FYING BODY, OR (II) A LICENSED PHYSICIAN WHO  PRACTICES  OBSTETRICS  AND
 HAS  OBSTETRIC  PRIVILEGES  AT A GENERAL HOSPITAL LICENSED UNDER ARTICLE
 TWENTY-EIGHT OF THIS CHAPTER, OR (III) A HOSPITAL, LICENSED UNDER  ARTI-
 CLE  TWENTY-EIGHT  OF  THIS  CHAPTER, THAT PROVIDES OBSTETRICS THROUGH A
 LICENSED PHYSICIAN HAVING OBSTETRICAL PRIVILEGES  AT  SUCH  INSTITUTION,
 THAT  PROVIDE FOR CONSULTATION, COLLABORATIVE MANAGEMENT AND REFERRAL TO
 ADDRESS THE HEALTH STATUS AND RISKS OF HIS  OR  HER  PATIENTS  AND  THAT
 INCLUDE  PLANS  FOR  EMERGENCY  MEDICAL GYNECOLOGICAL AND/OR OBSTETRICAL
 COVERAGE. A MIDWIFE SHALL MAINTAIN DOCUMENTATION OF  SUCH  COLLABORATIVE
 RELATIONSHIPS  AND  SHALL  MAKE  INFORMATION  ABOUT  SUCH  COLLABORATIVE
 RELATIONSHIPS AVAILABLE TO HIS OR HER PATIENTS. FAILURE TO  COMPLY  WITH
 THE  REQUIREMENTS  FOUND IN THIS SUBDIVISION SHALL BE SUBJECT TO PROFES-
 SIONAL MISCONDUCT PROVISIONS AS SET FORTH IN TITLE ONE OF THIS ARTICLE.
   2. A LICENSED MIDWIFE SHALL HAVE  THE  AUTHORITY,  AS  NECESSARY,  AND
 LIMITED TO THE PRACTICE OF MIDWIFERY, TO PRESCRIBE AND ADMINISTER DRUGS,
 IMMUNIZING AGENTS, DIAGNOSTIC TESTS AND DEVICES, AND TO ORDER LABORATORY
 TESTS, AS ESTABLISHED BY THE BOARD IN ACCORDANCE WITH THE COMMISSIONER'S
 REGULATIONS.  A  MIDWIFE  SHALL OBTAIN A CERTIFICATE FROM THE DEPARTMENT
 UPON SUCCESSFULLY COMPLETING A PROGRAM INCLUDING A  PHARMACOLOGY  COMPO-
 NENT,  OR  ITS  EQUIVALENT,  AS  ESTABLISHED BY THE COMMISSIONER'S REGU-
 LATIONS PRIOR TO PRESCRIBING UNDER THIS SECTION.
   3. ANY REFERENCE TO MIDWIFERY, MIDWIFE, CERTIFIED  NURSE-MIDWIFERY  OR
 CERTIFIED  NURSE-MIDWIFE,  NURSE-MIDWIFERY  OR  NURSE-MIDWIFE  UNDER THE
 PROVISIONS OF THIS TITLE, THIS CHAPTER OR ANY OTHER LAW, SHALL REFER  TO
 AND  INCLUDE  THE PROFESSION OF MIDWIFERY AND A LICENSED MIDWIFE, UNLESS
 THE CONTEXT CLEARLY REQUIRES OTHERWISE.
   § 6952. PRACTICE OF MIDWIFERY. ONLY A PERSON LICENSED OR EXEMPT  UNDER
 THIS  TITLE  OR  AUTHORIZED  BY  ANY OTHER SECTION OF LAW SHALL PRACTICE
 MIDWIFERY.
   § 6953. USE OF TITLE "MIDWIFE". ONLY A PERSON LICENSED OR EXEMPT UNDER
 THIS TITLE SHALL USE THE TITLE "MIDWIFE". ONLY A PERSON  LICENSED  UNDER
 BOTH  THIS  TITLE  AND  TITLE  TWELVE  OF THIS ARTICLE MAY USE THE TITLE
 "NURSE-MIDWIFE".
   § 6954. STATE BOARD OF MIDWIFERY. 1.  THE  STATE  BOARD  OF  MIDWIFERY
 SHALL  BE  APPOINTED  BY THE DEPARTMENT ON RECOMMENDATION OF THE COMMIS-
 SIONER FOR THE PURPOSE OF ASSISTING THE DEPARTMENT ON MATTERS OF PROFES-
 SIONAL LICENSING AND PROFESSIONAL CONDUCT  IN  ACCORDANCE  WITH  SECTION
 SIXTY-FIVE HUNDRED EIGHT OF THIS ARTICLE. THE BOARD SHALL BE COMPOSED OF
 THIRTEEN  INDIVIDUALS.  INITIAL  APPOINTMENTS TO THE BOARD SHALL BE SUCH
 THAT THE TERMS SHALL BE STAGGERED. HOWEVER, NO MEMBERS SHALL SERVE  MORE
 THAN TWO TERMS.
   2.  A.  (I)  SEVEN  MEMBERS  OF THE BOARD SHALL BE PERSONS LICENSED OR
 EXEMPT UNDER THIS SECTION.
   (II) ONE MEMBER OF THE BOARD SHALL BE AN EDUCATOR OF MIDWIFERY.
 S. 4007--A                         380                        A. 3007--A
 
   B. TWO MEMBERS OF THE BOARD SHALL  BE  INDIVIDUALS  WHO  ARE  LICENSED
 PHYSICIANS  WHO  ARE  ALSO  CERTIFIED AS OBSTETRICIAN/GYNECOLOGISTS BY A
 NATIONAL CERTIFYING BODY.
   C. ONE MEMBER OF THE BOARD SHALL BE AN INDIVIDUAL LICENSED AS A PHYSI-
 CIAN WHO PRACTICES FAMILY MEDICINE INCLUDING OBSTETRICS.
   D. ONE MEMBER OF THE BOARD SHALL BE AN INDIVIDUAL LICENSED AS A PHYSI-
 CIAN WHO PRACTICES PEDIATRICS.
   E.  ONE  MEMBER  OF  THE  BOARD  SHALL BE AN INDIVIDUAL NOT POSSESSING
 EITHER LICENSURE OR TRAINING IN  MEDICINE,  MIDWIFERY,  PHARMACOLOGY  OR
 NURSING AND SHALL REPRESENT THE PUBLIC AT LARGE.
   3.  FOR  PURPOSES  OF  THIS  TITLE,  "BOARD"  MEANS THE STATE BOARD OF
 MIDWIFERY CREATED UNDER THIS SECTION UNLESS THE  CONTEXT  CLEARLY  INDI-
 CATES OTHERWISE.
   §  6955.  REQUIREMENTS  FOR  A  PROFESSIONAL LICENSE. TO QUALIFY FOR A
 LICENSE AS A MIDWIFE, AN APPLICANT SHALL FULFILL THE FOLLOWING  REQUIRE-
 MENTS:
   1. APPLICATION: FILE AN APPLICATION WITH THE DEPARTMENT.
   2. EDUCATION: SATISFACTORILY;
   A.  COMPLETE  EDUCATIONAL PREPARATION (DEGREE OR DIPLOMA GRANTING) FOR
 THE PRACTICE OF NURSING, FOLLOWED BY OR  CONCURRENTLY  WITH  EDUCATIONAL
 PREPARATION FOR THE PRACTICE OF MIDWIFERY IN ACCORDANCE WITH THE COMMIS-
 SIONER'S REGULATIONS, OR
   B. SUBMIT EVIDENCE OF LICENSE OR CERTIFICATION, THE EDUCATIONAL PREPA-
 RATION FOR WHICH IS DETERMINED BY THE DEPARTMENT TO BE EQUIVALENT TO THE
 FOREGOING, FROM ANY STATE OR COUNTRY, SATISFACTORY TO THE DEPARTMENT AND
 IN ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS, OR
   C. COMPLETE A PROGRAM DETERMINED BY THE DEPARTMENT TO BE EQUIVALENT TO
 THE FOREGOING AND IN ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS.
   3. EXAMINATION: PASS AN EXAMINATION SATISFACTORY TO THE DEPARTMENT AND
 IN ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS.
   4. AGE: BE AT LEAST TWENTY-ONE YEARS OF AGE.
   5.  CHARACTER: BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE DEPART-
 MENT.
   6. CITIZENSHIP OR IMMIGRATION STATUS: BE A UNITED STATES CITIZEN OR AN
 ALIEN LAWFULLY ADMITTED FOR PERMANENT RESIDENCE IN THE UNITED STATES.
   7. FEE: PAY A FEE OF ONE HUNDRED NINETY DOLLARS TO THE DEPARTMENT  FOR
 ADMISSION  TO A DEPARTMENT CONDUCTED EXAMINATION FOR AN INITIAL LICENSE,
 A FEE OF ONE HUNDRED DOLLARS FOR  EACH  RE-EXAMINATION,  A  FEE  OF  ONE
 HUNDRED FIFTEEN DOLLARS FOR AN INITIAL LICENSE FOR PERSONS NOT REQUIRING
 ADMISSION  TO  A  DEPARTMENT CONDUCTED EXAMINATION, A FEE OF ONE HUNDRED
 EIGHTY DOLLARS FOR EACH TRIENNIAL  REGISTRATION  PERIOD  AND  A  FEE  OF
 SEVENTY DOLLARS FOR A LIMITED PERMIT.
   §  6956.  PRIOR  NURSE-MIDWIFERY  CERTIFICATION. ANY INDIVIDUAL WHO IS
 CERTIFIED AS A NURSE-MIDWIFE SHALL NOT PRACTICE PURSUANT TO  THIS  TITLE
 UNTIL  AFTER RECEIVING APPROVAL FROM THE COMMISSIONER AND SUBMITTING THE
 FEE REQUIRED BY SUBDIVISION SEVEN OF SECTION SIXTY-NINE  HUNDRED  FIFTY-
 FIVE OF THIS TITLE.
   §  6957.  EXEMPT  PERSONS. NOTHING IN THIS TITLE SHALL BE CONSTRUED TO
 AFFECT, PREVENT OR IN ANY MANNER EXPAND OR LIMIT ANY DUTY  OR  RESPONSI-
 BILITY  OF  A  LICENSED PHYSICIAN FROM PRACTICING MIDWIFERY OR AFFECT OR
 PREVENT A MEDICAL STUDENT OR  MIDWIFERY  STUDENT  IN  CLINICAL  PRACTICE
 UNDER  THE  SUPERVISION  OF  A  LICENSED  PHYSICIAN  OR  BOARD CERTIFIED
 OBSTETRICIAN/GYNECOLOGIST OR LICENSED MIDWIFE PRACTICING IN PURSUANCE OF
 AN EDUCATIONAL PROGRAM REGISTERED BY THE  DEPARTMENT  FROM  ENGAGING  IN
 SUCH PRACTICE.
 S. 4007--A                         381                        A. 3007--A
 
   §  6958. LIMITED PERMIT. 1. A LIMITED PERMIT TO PRACTICE MIDWIFERY MAY
 BE GRANTED FOR A PERIOD NOT TO EXCEED TWELVE MONTHS TO AN INDIVIDUAL WHO
 HAS TO THE SATISFACTION OF THE DEPARTMENT MET ALL  THE  REQUIREMENTS  OF
 SECTION  SIXTY-NINE  HUNDRED  FIFTY-FIVE  OF THIS TITLE, BUT HAS NOT YET
 PASSED THE EXAMINATION REQUIRED BY SUBDIVISION THREE OF SUCH SECTION.
   2.  A  LIMITED  PERMIT  SHALL ENTITLE THE HOLDER TO PRACTICE MIDWIFERY
 ONLY UNDER THE DIRECT SUPERVISION OF A LICENSED PHYSICIAN WHO IS AUTHOR-
 IZED UNDER SECTION SIXTY-NINE HUNDRED  FIFTY-ONE  OF  THIS  TITLE  OR  A
 LICENSED MIDWIFE.

                                 TITLE 14
                                 PODIATRY
 
 SECTION 7000. INTRODUCTION.
         7001. DEFINITION OF PRACTICE OF PODIATRY.
         7002. PRACTICE OF PODIATRY AND USE OF TITLE "PODIATRIST".
         7003. STATE BOARD FOR PODIATRY.
         7004. REQUIREMENTS FOR A PROFESSIONAL LICENSE.
         7005. EXEMPT PERSONS.
         7006. SPECIAL PROVISION.
         7007. LIMITED PERMITS.
         7008. LIMITED RESIDENCY PERMITS AND LIMITED FELLOWSHIP PERMITS.
         7009. PODIATRIC ANKLE SURGERY PRIVILEGES.
         7010. ANKLE SURGERY LIMITED PERMITS.
   §  7000.  INTRODUCTION. THIS TITLE APPLIES TO THE PROFESSION OF PODIA-
 TRY.  THE GENERAL PROVISIONS FOR ALL PROFESSIONS CONTAINED IN TITLE  ONE
 OF THIS ARTICLE APPLY TO THIS TITLE.
   §  7001.  DEFINITION  OF  PRACTICE OF PODIATRY. 1. THE PRACTICE OF THE
 PROFESSION OF PODIATRY IS DEFINED AS DIAGNOSING, TREATING, OPERATING AND
 PRESCRIBING FOR ANY DISEASE, INJURY, DEFORMITY OR OTHER CONDITION OF THE
 FOOT, AND MAY INCLUDE PERFORMING  PHYSICAL  EVALUATIONS  IN  CONJUNCTION
 WITH  THE  PROVISION  OF  PODIATRIC TREATMENT. FOR THE PURPOSES OF WOUND
 CARE HOWEVER, THE PRACTICE OF PODIATRY SHALL INCLUDE  THE  TREATMENT  OF
 SUCH  WOUNDS IF THEY ARE CONTIGUOUS WITH WOUNDS RELATING, ORIGINATING OR
 IN THE COURSE OF TREATMENT OF A WOUND ON THE FOOT WITHIN  THE  PODIATRIC
 SCOPE  OF  PRACTICE.  WOUND  CARE  SHALL NOT, HOWEVER, EXTEND BEYOND THE
 LEVEL ENDING AT THE DISTAL TIBIAL TUBEROSITY. THE PRACTICE  OF  PODIATRY
 MAY ALSO INCLUDE DIAGNOSING, TREATING, OPERATING AND PRESCRIBING FOR ANY
 DISEASE,  INJURY,  DEFORMITY  OR  OTHER  CONDITION OF THE ANKLE AND SOFT
 TISSUE OF THE LEG BELOW THE TIBIAL  TUBEROSITY  IF  THE  PODIATRIST  HAS
 OBTAINED  AN ISSUANCE OF A PRIVILEGE TO PERFORM PODIATRIC STANDARD ANKLE
 SURGERY OR ADVANCED ANKLE SURGERY IN ACCORDANCE WITH SECTION SEVEN THOU-
 SAND NINE OF THIS TITLE. PODIATRISTS  MAY  TREAT  TRAUMATIC  OPEN  WOUND
 FRACTURES  ONLY IN HOSPITALS, AS DEFINED IN ARTICLE TWENTY-EIGHT OF THIS
 CHAPTER. FOR THE PURPOSES OF THIS  TITLE,  THE  TERM  "ANKLE"  SHALL  BE
 DEFINED  AS THE DISTAL METAPHYSIS AND EPIPHYSIS OF THE TIBIA AND FIBULA,
 THE ARTICULAR CARTILAGE OF THE DISTAL TIBIA AND DISTAL FIBULA, THE LIGA-
 MENTS THAT CONNECT THE DISTAL METAPHYSIS AND EPIPHYSIS OF THE TIBIA  AND
 FIBULA  AND TALUS, AND THE PORTIONS OF SKIN, SUBCUTANEOUS TISSUE, FACIA,
 MUSCLES, TENDONS, LIGAMENTS AND NERVES AT OR  BELOW  THE  LEVEL  OF  THE
 MYOTENDINOUS JUNCTION OF THE TRICEPS SURAE.
   2. THE PRACTICE OF PODIATRY SHALL NOT INCLUDE TREATING ANY PART OF THE
 HUMAN  BODY  OTHER THAN THE FOOT, NOR TREATING FRACTURES OF THE MALLEOLI
 OR CUTTING OPERATIONS UPON THE MALLEOLI UNLESS THE PODIATRIST OBTAINS AN
 ISSUANCE OF A PRIVILEGE TO PERFORM PODIATRIC STANDARD ANKLE  SURGERY  OR
 PODIATRIC ADVANCED ANKLE SURGERY. PODIATRISTS WHO HAVE OBTAINED AN ISSU-
 S. 4007--A                         382                        A. 3007--A
 
 ANCE  OF  A  PRIVILEGE  TO  PERFORM PODIATRIC STANDARD ANKLE SURGERY MAY
 PERFORM SURGERY ON THE ANKLE WHICH MAY INCLUDE SOFT TISSUE  AND  OSSEOUS
 PROCEDURES  EXCEPT  THOSE  PROCEDURES SPECIFICALLY AUTHORIZED FOR PODIA-
 TRISTS  WHO  HAVE OBTAINED AN ISSUANCE OF A PRIVILEGE FOR ADVANCED ANKLE
 SURGERY. PODIATRISTS WHO HAVE OBTAINED AN ISSUANCE  OF  A  PRIVILEGE  TO
 PERFORM  PODIATRIC  ADVANCED  ANKLE  SURGERY  MAY PERFORM SURGERY ON THE
 ANKLE WHICH MAY INCLUDE ANKLE FRACTURE  FIXATION,  ANKLE  FUSION,  ANKLE
 ARTHROSCOPY, INSERTION OR REMOVAL OF EXTERNAL FIXATION PINS INTO OR FROM
 THE  TIBIAL DIAPHYSIS AT OR BELOW THE LEVEL OF THE MYOTENDINOUS JUNCTION
 OF THE TRICEPS SURAE, AND INSERTION AND REMOVAL OF RETROGRADE TIBIOTALO-
 CALCANNEAL INTRAMEDULLARY RODS AND LOCKING SCREWS UP TO THE LEVEL OF THE
 MYOTENDINOUS JUNCTION OF THE TRICEPS SURAE, BUT  DOES  NOT  INCLUDE  THE
 SURGICAL  TREATMENT OF COMPLICATIONS WITHIN THE TIBIAL DIAPHYSIS RELATED
 TO THE USE OF SUCH EXTERNAL FIXATION PINS. PODIATRISTS LICENSED TO PRAC-
 TICE, BUT NOT AUTHORIZED TO PRESCRIBE OR ADMINISTER NARCOTICS  PRIOR  TO
 THE  EFFECTIVE  DATE  OF  THIS SUBDIVISION, MAY DO SO ONLY AFTER CERTIF-
 ICATION BY THE DEPARTMENT IN ACCORDANCE WITH THE  QUALIFICATIONS  ESTAB-
 LISHED  BY  THE  COMMISSIONER.  THE  PRACTICE  OF PODIATRY SHALL INCLUDE
 ADMINISTERING ONLY LOCAL ANESTHETICS FOR THERAPEUTIC PURPOSES AS WELL AS
 FOR ANESTHESIA AND TREATMENT UNDER GENERAL  ANESTHESIA  ADMINISTERED  BY
 AUTHORIZED  PERSONS.  THE PRACTICE OF PODIATRY BY ANY LICENSEE SHALL NOT
 INCLUDE PARTIAL OR TOTAL ANKLE REPLACEMENTS NOR THE TREATMENT  OF  PILON
 FRACTURES.
   3.  A.  THE  DEPARTMENT  SHALL CONDUCT A STUDY TO DETERMINE WHETHER TO
 MAKE AVAILABLE TO THE PUBLIC PROFILES ON PODIATRISTS WHO  HAVE  OBTAINED
 AN  ISSUANCE  OF  A  PRIVILEGE TO PERFORM PODIATRIC STANDARD OR ADVANCED
 ANKLE SURGERY PURSUANT TO SUBDIVISIONS ONE  AND  TWO  OF  SECTION  SEVEN
 THOUSAND  NINE  OF THIS TITLE. SUCH STUDY SHALL INCLUDE CONSIDERATION OF
 WHETHER IT WOULD BE APPROPRIATE AND FEASIBLE FOR THE DEPARTMENT TO  MAKE
 PUBLICLY  AVAILABLE PROFILES FOR SUCH PODIATRISTS IN A MANNER SIMILAR TO
 PHYSICIAN PROFILES MADE AVAILABLE ON THE DEPARTMENT'S WEBSITE IN ACCORD-
 ANCE WITH SECTION TWENTY-NINE HUNDRED NINETY-FIVE-A OF THIS CHAPTER. THE
 DEPARTMENT SHALL CONSULT WITH OTHER DEPARTMENTS AS NECESSARY ON  MATTERS
 RELATED  TO  THE OPERATION OF THE DEPARTMENT'S PHYSICIAN PROFILES ESTAB-
 LISHED PURSUANT TO SECTION TWENTY-NINE  HUNDRED  NINETY-FIVE-A  OF  THIS
 CHAPTER IN CONDUCTING ITS STUDY.
   B. IF THE DEPARTMENT DETERMINES THAT MAKING PODIATRIST PROFILES AVAIL-
 ABLE  IS  APPROPRIATE AND FEASIBLE, THE DEPARTMENT SHALL OUTLINE IN SUCH
 STUDY AN APPROPRIATE AND COST-EFFECTIVE METHOD  OF  PRESENTING  RELEVANT
 AND  APPROPRIATE  PODIATRIC PROFILING INFORMATION TO THE GENERAL PUBLIC.
 THE DEPARTMENT SHALL SUBMIT SUCH STUDY TO THE  GOVERNOR,  THE  TEMPORARY
 PRESIDENT OF THE SENATE, THE SPEAKER OF THE ASSEMBLY, THE MINORITY LEAD-
 ER  OF  THE  SENATE AND THE MINORITY LEADER OF THE ASSEMBLY ON OR BEFORE
 NOVEMBER FIRST, TWO THOUSAND SIXTEEN.
   C. IF THE DEPARTMENT MAKES PODIATRIST PROFILES AVAILABLE AS SET  FORTH
 IN  PARAGRAPH B OF THIS SUBDIVISION, THE DEPARTMENT SHALL INCLUDE ON ITS
 WEBSITE  CONTAINING  THE  PHYSICIAN  PROFILES  ESTABLISHED  PURSUANT  TO
 SECTION  TWENTY-NINE HUNDRED NINETY-FIVE-A OF THIS CHAPTER A LINK TO THE
 WEBSITE ON WHICH SUCH PODIATRIST PROFILES MAY BE ACCESSED AND  A  STATE-
 MENT DESCRIBING THE PURPOSE OF SUCH LINK.
   §  7002.  PRACTICE  OF  PODIATRY AND USE OF TITLE "PODIATRIST". ONLY A
 PERSON LICENSED OR EXEMPT UNDER THIS TITLE SHALL  PRACTICE  PODIATRY  OR
 USE THE TITLE "PODIATRIST" OR "CHIROPODIST".
   §  7003. STATE BOARD FOR PODIATRY. A STATE BOARD FOR PODIATRY SHALL BE
 APPOINTED BY THE COMMISSIONER FOR THE PURPOSE OF ASSISTING  THE  DEPART-
 MENT  ON  MATTERS  OF PROFESSIONAL LICENSING AND PROFESSIONAL CONDUCT IN
 S. 4007--A                         383                        A. 3007--A
 
 ACCORDANCE WITH SECTION SIXTY-FIVE HUNDRED EIGHT OF  THIS  ARTICLE.  THE
 BOARD  SHALL  BE COMPOSED OF NOT LESS THAN SEVEN PODIATRISTS LICENSED IN
 THIS STATE. AN EXECUTIVE SECRETARY TO THE BOARD SHALL  BE  APPOINTED  BY
 THE COMMISSIONER.
   §  7004.  REQUIREMENTS  FOR  A  PROFESSIONAL LICENSE. TO QUALIFY FOR A
 LICENSE AS A  PODIATRIST,  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 PODIATRY, IN ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS;
   3. EXPERIENCE: HAVE  EXPERIENCE  SATISFACTORY  TO  THE  BOARD  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. CITIZENSHIP: MEET NO REQUIREMENTS AS TO UNITED STATES CITIZENSHIP;
   7. CHARACTER: BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE  DEPART-
 MENT; AND
   8. FEES: PAY A FEE OF TWO HUNDRED TWENTY DOLLARS TO THE DEPARTMENT FOR
 ADMISSION  TO  A  DEPARTMENT  CONDUCTED  EXAMINATION  AND FOR AN INITIAL
 LICENSE, A FEE OF ONE HUNDRED FIFTEEN DOLLARS FOR EACH REEXAMINATION,  A
 FEE  OF  ONE  HUNDRED  THIRTY-FIVE  DOLLARS  FOR  AN INITIAL LICENSE FOR
 PERSONS NOT REQUIRING ADMISSION TO A DEPARTMENT  CONDUCTED  EXAMINATION,
 AND  A  FEE  OF  TWO HUNDRED TEN DOLLARS FOR EACH TRIENNIAL REGISTRATION
 PERIOD.
   9. CONTINUING  EDUCATION:  IN  ACCORDANCE  WITH  THE  REQUIREMENTS  OF
 SECTION SIXTY-FIVE HUNDRED TWO OF THIS ARTICLE, AT THE TIME OF RE-REGIS-
 TRATION  WITH  THE DEPARTMENT, EACH APPLICANT SHALL PRESENT SATISFACTORY
 EVIDENCE TO THE STATE BOARD FOR PODIATRY THAT IN THE YEARS PRIOR TO  THE
 FILING  FOR  RE-REGISTRATION  HE  OR SHE ATTENDED THE EDUCATION PROGRAMS
 CONDUCTED BY THE PODIATRY SOCIETY OF THE STATE OF NEW YORK OR THE EQUIV-
 ALENT OF SUCH EDUCATIONAL PROGRAMS AS APPROVED BY THE  STATE  BOARD  FOR
 PODIATRY IN ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS.
   §  7005.  EXEMPT  PERSONS. NOTHING IN THIS TITLE SHALL BE CONSTRUED TO
 AFFECT OR PREVENT A STUDENT FROM ENGAGING  IN  CLINICAL  PRACTICE  UNDER
 SUPERVISION  OF  A  LICENSED  PODIATRIST  AS  PART  OF THE PROGRAM OF AN
 APPROVED SCHOOL OF PODIATRY.
   § 7006. SPECIAL PROVISION. 1. NO CORPORATION, EXCEPT A HOSPITAL CORPO-
 RATION AUTHORIZED UNDER ARTICLE FORTY-THREE OF THE INSURANCE  LAW  OR  A
 CORPORATION  ORGANIZED  AND  EXISTING UNDER THE LAWS OF THE STATE OF NEW
 YORK WHICH, ON OR BEFORE  THE  FIRST  DAY  OF  MARCH,  NINETEEN  HUNDRED
 FORTY-TWO, WAS LEGALLY INCORPORATED TO PRACTICE PODIATRY, SHALL PRACTICE
 PODIATRY,  AND  THEN ONLY THROUGH LICENSED PODIATRISTS AND SHALL CONFORM
 TO DEPARTMENT RULES. NO CORPORATION ORGANIZED TO PRACTICE PODIATRY SHALL
 CHANGE ITS NAME OR SELL ITS FRANCHISE OR TRANSFER ITS  CORPORATE  RIGHTS
 DIRECTLY  OR  INDIRECTLY, BY TRANSFER OF CAPITAL STOCK CONTROL OR OTHER-
 WISE, TO ANY PERSON OR TO ANOTHER CORPORATION  WITHOUT  PERMISSION  FROM
 THE  DEPARTMENT  AND  ANY  CORPORATION SO CHANGING ITS NAME OR SO TRANS-
 FERRING ITS FRANCHISE OR CORPORATE RIGHTS  WITHOUT  SUCH  PERMISSION  OR
 FOUND  GUILTY  OF  VIOLATING  A  DEPARTMENT RULE SHALL BE DEEMED TO HAVE
 FORFEITED ITS RIGHT TO EXIST AND SHALL  BE  DISSOLVED  BY  A  PROCEEDING
 BROUGHT BY THE ATTORNEY GENERAL.
   2.  ANY  MANUFACTURER  OR MERCHANT MAY SELL, ADVERTISE, FIT, OR ADJUST
 PROPRIETARY FOOT REMEDIES, ARCH SUPPORTS, CORRECTIVE FOOT APPLIANCES  OR
 SHOES.
 S. 4007--A                         384                        A. 3007--A
 
   3.  NOTWITHSTANDING ANY INCONSISTENT PROVISION OF ANY GENERAL, SPECIAL
 OR LOCAL LAW, ANY LICENSED PODIATRIST WHO VOLUNTARILY  AND  WITHOUT  THE
 EXPECTATION  OF  MONETARY  COMPENSATION  RENDERS  FIRST AID OR EMERGENCY
 TREATMENT AT THE SCENE OF AN ACCIDENT OR OTHER EMERGENCY, OUTSIDE  OF  A
 HOSPITAL  OR  ANY OTHER PLACE HAVING PROPER AND NECESSARY MEDICAL EQUIP-
 MENT, TO A PERSON WHO IS UNCONSCIOUS, ILL OR INJURED SHALL NOT BE LIABLE
 FOR DAMAGES FOR INJURIES ALLEGED TO HAVE BEEN SUSTAINED BY  SUCH  PERSON
 OR  FOR DAMAGES FOR THE DEATH OF SUCH PERSON ALLEGED TO HAVE OCCURRED BY
 REASON OF AN ACT OR OMISSION IN THE RENDERING OF SUCH FIRST AID OR EMER-
 GENCY TREATMENT UNLESS IT IS ESTABLISHED THAT SUCH INJURIES WERE OR SUCH
 DEATH WAS CAUSED BY GROSS NEGLIGENCE ON THE  PART  OF  SUCH  PODIATRIST.
 NOTHING  IN  THIS  SUBDIVISION SHALL BE DEEMED OR CONSTRUED TO RELIEVE A
 LICENSED PODIATRIST FROM LIABILITY FOR DAMAGES  FOR  INJURIES  OR  DEATH
 CAUSED BY AN ACT OR OMISSION ON THE PART OF A PODIATRIST WHILE RENDERING
 PROFESSIONAL SERVICES IN THE NORMAL AND ORDINARY COURSE OF PRACTICE.
   4.  AN  UNLICENSED  PERSON MAY PROVIDE SUPPORTIVE SERVICES TO A PODIA-
 TRIST INCIDENTAL TO  AND  CONCURRENT  WITH  SUCH  PODIATRIST  PERSONALLY
 PERFORMING  A SERVICE OR PROCEDURE. NOTHING IN THIS SUBDIVISION SHALL BE
 CONSTRUED TO ALLOW AN UNLICENSED PERSON TO  PROVIDE  ANY  SERVICE  WHICH
 CONSTITUTES  THE PRACTICE OF PODIATRY AS DEFINED IN THIS TITLE. AN UNLI-
 CENSED PERSON PROVIDING SUPPORTIVE SERVICES TO A PODIATRIST MAY  OPERATE
 RADIOGRAPHIC  EQUIPMENT UNDER DIRECT SUPERVISION FOR THE SOLE PURPOSE OF
 FOOT RADIOGRAPHY PROVIDED THAT SUCH PERSON COMPLETES A COURSE  OF  STUDY
 ACCEPTABLE TO THE DEPARTMENT.
   §  7007.  LIMITED PERMITS. 1. LIMITED PERMITS TO PRACTICE PODIATRY MAY
 BE ISSUED BY THE DEPARTMENT TO GRADUATES OF A  PROGRAM  OF  PROFESSIONAL
 EDUCATION  IN  PODIATRY REGISTERED BY THE DEPARTMENT OR ACCREDITED BY AN
 ACCREDITING AGENCY ACCEPTABLE TO  THE  DEPARTMENT.  SUCH  PERMITS  SHALL
 AUTHORIZE  THE  PRACTICE  OF  PODIATRY  ONLY  UNDER THE SUPERVISION OF A
 LICENSED PODIATRIST AND ONLY IN:
   A. A HOSPITAL OR HEALTH FACILITY LICENSED PURSUANT TO ARTICLE  TWENTY-
 EIGHT OF THIS CHAPTER; OR
   B.  A  CLERKSHIP  FOR  A  PERIOD  OF  TWO YEARS OR LESS CONDUCTED BY A
 LICENSED PODIATRIST DESIGNATED AS A MEMBER OF THE FACULTY OF AN APPROVED
 SCHOOL OF PODIATRY FOR PURPOSES OF A PRECEPTORSHIP PROGRAM.
   2. LIMITED PERMITS SHALL BE ISSUED FOR A PERIOD OF ONE YEAR,  AND  MAY
 BE RENEWED AT THE DISCRETION OF THE DEPARTMENT FOR ONE ADDITIONAL YEAR.
   3.  THE FEE FOR A LIMITED PERMIT SHALL BE ONE HUNDRED FIVE DOLLARS AND
 THE FEE FOR A RENEWAL SHALL BE FIFTY DOLLARS.
   § 7008. LIMITED RESIDENCY PERMITS AND LIMITED FELLOWSHIP  PERMITS.  1.
 LIMITED  RESIDENCY  PERMITS AND LIMITED FELLOWSHIP PERMITS MAY BE ISSUED
 BY THE DEPARTMENT TO GRADUATES OF A PROGRAM OF PROFESSIONAL EDUCATION IN
 PODIATRY REGISTERED BY THE DEPARTMENT OR ACCREDITED  BY  AN  ACCREDITING
 AGENCY ACCEPTABLE TO THE DEPARTMENT.
   2. SUCH PERMITS SHALL ALLOW A RESIDENT OR FELLOW IN PODIATRIC MEDICINE
 PARTICIPATING  IN  AN  APPROVED  POST-GRADUATE  RESIDENCY  OR FELLOWSHIP
 PROGRAM TO PERFORM SUCH DUTIES, TASKS AND FUNCTIONS  THAT  ARE  REQUIRED
 FOR  SUCCESSFUL  COMPLETION  OF  SUCH  PROGRAM  UNDER THE ADMINISTRATIVE
 SUPERVISION OF A LICENSED PODIATRIST SERVING AS THE RESIDENCY OR FELLOW-
 SHIP DIRECTOR, AS APPLICABLE, IN A  HOSPITAL  OR  HEALTH  CARE  FACILITY
 LICENSED  PURSUANT  TO ARTICLE TWENTY-EIGHT OF THIS CHAPTER. AT ANY TIME
 DURING THE RESIDENCY OR FELLOWSHIP, A LICENSED PHYSICIAN OR  A  LICENSED
 PODIATRIST  MAY  PROVIDE DIRECT PERSONAL SUPERVISION OF ACTIVITIES WHICH
 HE OR SHE IS AUTHORIZED AND COMPETENT TO PROVIDE IN THE APPROVED FACILI-
 TY; PROVIDED, HOWEVER, WHEN THE RESIDENT'S OR FELLOW'S TRAINING INVOLVES
 PRACTICE BEYOND THAT AUTHORIZED IN SECTION SEVEN THOUSAND  ONE  OF  THIS
 S. 4007--A                         385                        A. 3007--A
 
 TITLE,  A  LICENSED PHYSICIAN SHALL PROVIDE DIRECT PERSONAL SUPERVISION.
 FOR THE PURPOSES OF THIS SECTION, "DIRECT  PERSONAL  SUPERVISION"  MEANS
 SUPERVISION  OF  PROCEDURES  BASED  ON  INSTRUCTIONS GIVEN DIRECTLY BY A
 LICENSED PHYSICIAN OR LICENSED PODIATRIST, AS APPLICABLE, WHO REMAINS IN
 THE  IMMEDIATE AREA WHERE THE PROCEDURES ARE BEING PERFORMED, AUTHORIZES
 THE PROCEDURES AND EVALUATES THE PROCEDURES PERFORMED BY  THE  PODIATRIC
 RESIDENT OR FELLOW.
   3.  SUCH  PERMIT SHALL BE ISSUED FOR THREE YEARS AND MAY BE RENEWED AT
 THE DISCRETION OF THE DEPARTMENT FOR ADDITIONAL  ONE-YEAR  PERIODS  WHEN
 NECESSARY TO PERMIT THE COMPLETION OF AN APPROVED POST-GRADUATE RESIDEN-
 CY OR FELLOWSHIP IN PODIATRIC MEDICINE.
   4.  THE  FEE  FOR  A  LIMITED RESIDENCY PERMIT OR A LIMITED FELLOWSHIP
 PERMIT SHALL BE ONE HUNDRED FIVE DOLLARS AND THE FEE FOR A RENEWAL SHALL
 BE FIFTY DOLLARS.
   § 7009. PODIATRIC ANKLE SURGERY PRIVILEGES. 1. FOR ISSUANCE OF A PRIV-
 ILEGE TO PERFORM PODIATRIC STANDARD ANKLE SURGERY, AS THAT TERM IS  USED
 IN  SUBDIVISION  TWO  OF  SECTION  SEVEN THOUSAND ONE OF THIS TITLE, THE
 APPLICANT SHALL FULFILL THE FOLLOWING REQUIREMENTS:
   A. APPLICATION: FILE AN APPLICATION WITH THE DEPARTMENT;
   B. LICENSE: BE LICENSED AS A PODIATRIST IN THE STATE;
   C. TRAINING AND CERTIFICATION: EITHER:
   (I) HAVE GRADUATED ON OR AFTER JUNE FIRST, TWO  THOUSAND  SIX  FROM  A
 THREE-YEAR  RESIDENCY PROGRAM IN PODIATRIC MEDICINE AND SURGERY THAT WAS
 ACCREDITED BY AN ACCREDITING AGENCY ACCEPTABLE TO THE DEPARTMENT, AND BE
 CERTIFIED IN RECONSTRUCTIVE REARFOOT AND ANKLE  SURGERY  BY  A  NATIONAL
 CERTIFYING  BOARD  HAVING  CERTIFICATION  STANDARDS  ACCEPTABLE  TO  THE
 DEPARTMENT; OR
   (II) HAVE GRADUATED ON OR AFTER JUNE FIRST, TWO THOUSAND  SIX  FROM  A
 THREE-YEAR  RESIDENCY PROGRAM IN PODIATRIC MEDICINE AND SURGERY THAT WAS
 ACCREDITED BY AN ACCREDITING AGENCY ACCEPTABLE  TO  THE  DEPARTMENT,  BE
 BOARD  QUALIFIED  BUT  NOT  YET CERTIFIED IN RECONSTRUCTIVE REARFOOT AND
 ANKLE SURGERY BY A NATIONAL CERTIFYING BOARD HAVING CERTIFICATION STAND-
 ARDS ACCEPTABLE TO THE DEPARTMENT, AND PROVIDE DOCUMENTATION THAT HE  OR
 SHE  HAS  ACCEPTABLE  TRAINING  AND  EXPERIENCE  IN STANDARD OR ADVANCED
 MIDFOOT, REARFOOT AND ANKLE PROCEDURES THAT HAS  BEEN  APPROVED  BY  THE
 DEPARTMENT; OR
   (III)  HAVE  GRADUATED BEFORE JUNE FIRST, TWO THOUSAND SIX FROM A TWO-
 YEAR RESIDENCY PROGRAM  IN  PODIATRIC  MEDICINE  AND  SURGERY  THAT  WAS
 ACCREDITED  BY  AN  ACCREDITING  AGENCY ACCEPTABLE TO THE DEPARTMENT, BE
 CERTIFIED IN RECONSTRUCTIVE REARFOOT AND ANKLE  SURGERY  BY  A  NATIONAL
 CERTIFYING  BOARD  HAVING  CERTIFICATION  STANDARDS  ACCEPTABLE  TO  THE
 DEPARTMENT, AND PROVIDE DOCUMENTATION THAT  HE  OR  SHE  HAS  ACCEPTABLE
 TRAINING  AND  EXPERIENCE  IN STANDARD OR ADVANCED MIDFOOT, REARFOOT AND
 ANKLE PROCEDURES THAT HAS BEEN APPROVED BY THE DEPARTMENT;
   D. FEES: PAY A FEE TO THE DEPARTMENT OF TWO HUNDRED TWENTY DOLLARS FOR
 THE ISSUANCE OF A PRIVILEGE TO PERFORM PODIATRIC STANDARD ANKLE SURGERY.
   2. FOR ISSUANCE OF A PRIVILEGE TO  PERFORM  PODIATRIC  ADVANCED  ANKLE
 SURGERY,  AS THAT TERM IS USED IN SUBDIVISION TWO OF SECTION SEVEN THOU-
 SAND ONE OF THIS  TITLE,  THE  APPLICANT  SHALL  FULFILL  THE  FOLLOWING
 REQUIREMENTS:
   A. APPLICATION: FILE AN APPLICATION WITH THE DEPARTMENT;
   B. LICENSE: BE LICENSED AS A PODIATRIST IN THE STATE;
   C. EXPERIENCE AND CERTIFICATION: EITHER:
   (I)  HAVE  GRADUATED  ON  OR AFTER JUNE FIRST, TWO THOUSAND SIX FROM A
 THREE-YEAR RESIDENCY PROGRAM IN PODIATRIC MEDICINE AND SURGERY THAT  WAS
 ACCREDITED  BY  AN  ACCREDITING  AGENCY ACCEPTABLE TO THE DEPARTMENT, BE
 S. 4007--A                         386                        A. 3007--A
 
 CERTIFIED IN RECONSTRUCTIVE REARFOOT AND ANKLE  SURGERY  BY  A  NATIONAL
 CERTIFYING  BOARD  HAVING  CERTIFICATION  STANDARDS  ACCEPTABLE  TO  THE
 DEPARTMENT, AND PROVIDE DOCUMENTATION THAT  HE  OR  SHE  HAS  ACCEPTABLE
 TRAINING  AND  EXPERIENCE IN ADVANCED MIDFOOT, REARFOOT AND ANKLE PROCE-
 DURES THAT HAS BEEN APPROVED BY THE DEPARTMENT; OR
   (II) HAVE GRADUATED BEFORE JUNE FIRST, TWO THOUSAND SIX  FROM  A  TWO-
 YEAR  RESIDENCY  PROGRAM  IN  PODIATRIC  MEDICINE  AND  SURGERY THAT WAS
 ACCREDITED BY AN ACCREDITING AGENCY ACCEPTABLE  TO  THE  DEPARTMENT,  BE
 CERTIFIED  IN  RECONSTRUCTIVE  REARFOOT AND ANKLE SURGERY, BY A NATIONAL
 CERTIFYING  BOARD  HAVING  CERTIFICATION  STANDARDS  ACCEPTABLE  TO  THE
 DEPARTMENT,  AND  PROVIDE  DOCUMENTATION  THAT  HE OR SHE HAS ACCEPTABLE
 TRAINING AND EXPERIENCE IN ADVANCED MIDFOOT, REARFOOT AND  ANKLE  PROCE-
 DURES THAT HAS BEEN APPROVED BY THE DEPARTMENT.
   D. FEES: PAY A FEE TO THE DEPARTMENT OF TWO HUNDRED TWENTY DOLLARS FOR
 THE ISSUANCE OF A PRIVILEGE TO PERFORM PODIATRIC ADVANCED ANKLE SURGERY.
   3.  DURATION  AND REGISTRATION OF PRIVILEGES. A PRIVILEGE ISSUED UNDER
 THIS SECTION SHALL BE VALID FOR THE LIFE OF THE HOLDER, UNLESS  REVOKED,
 ANNULLED,  OR  SUSPENDED  BY  THE  DEPARTMENT. 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  SIX  THOUSAND  FIVE  HUNDRED TWO OF THIS ARTICLE,
 PROVIDED THAT, AT THE TIME OF EACH REGISTRATION,  THE  PRIVILEGE  HOLDER
 SHALL  CERTIFY THAT HE OR SHE CONTINUES TO MEET THE REQUIREMENTS FOR THE
 PRIVILEGE SET FORTH IN THIS SECTION. THE FEE FOR SUCH REGISTRATION SHALL
 BE TWO HUNDRED TEN DOLLARS. THE  REGISTRATION  PERIOD  FOR  A  PRIVILEGE
 HOLDER  SHALL  BE  COTERMINOUS  WITH HIS OR HER REGISTRATION AS A PODIA-
 TRIST.
   § 7010. ANKLE SURGERY LIMITED PERMITS. A  LIMITED  PERMIT  TO  PERFORM
 PODIATRIC  STANDARD  ANKLE  SURGERY,  AS DESCRIBED IN SUBDIVISION TWO OF
 SECTION SEVEN THOUSAND ONE OF THIS TITLE, MAY BE ISSUED BY  THE  DEPART-
 MENT  TO A PODIATRIST WHO IS LICENSED PURSUANT TO THIS TITLE AND WHO HAS
 MET THE RESIDENCY AND BOARD QUALIFICATION/CERTIFICATION REQUIREMENTS SET
 FORTH IN SUBDIVISION ONE OF SECTION SEVEN THOUSAND NINE OF THIS TITLE IN
 ORDER TO AUTHORIZE SUCH PODIATRIST TO OBTAIN THE TRAINING AND EXPERIENCE
 REQUIRED FOR THE ISSUANCE OF A PODIATRIC STANDARD ANKLE  SURGERY  PRIVI-
 LEGE  PURSUANT TO SUBDIVISION ONE OF SECTION SEVEN THOUSAND NINE OF THIS
 TITLE.  SUCH PERMITS SHALL AUTHORIZE THE PERFORMANCE OF PODIATRIC STAND-
 ARD ANKLE SURGERY ONLY  UNDER  THE  DIRECT  PERSONAL  SUPERVISION  OF  A
 LICENSED PODIATRIST HOLDING A PODIATRIC STANDARD ANKLE SURGERY PRIVILEGE
 OR  A  PODIATRIC  ADVANCED  ANKLE  SURGERY  PRIVILEGE ISSUED PURSUANT TO
 SECTION SEVEN THOUSAND NINE OF THIS TITLE OR  OF  A  PHYSICIAN  LICENSED
 PURSUANT  TO  TITLE  TWO  OF  THIS  ARTICLE  AND CERTIFIED IN ORTHOPEDIC
 SURGERY BY A NATIONAL CERTIFYING BOARD  HAVING  CERTIFICATION  STANDARDS
 ACCEPTABLE TO THE DEPARTMENT.
   2.  A  LIMITED  PERMIT TO PERFORM PODIATRIC ADVANCED ANKLE SURGERY, AS
 DESCRIBED IN SUBDIVISION TWO OF  SECTION  SEVEN  THOUSAND  ONE  OF  THIS
 TITLE,  MAY  BE ISSUED BY THE DEPARTMENT TO A PODIATRIST WHO IS LICENSED
 PURSUANT TO THIS TITLE AND WHO HAS MET THE RESIDENCY AND  BOARD  CERTIF-
 ICATION REQUIREMENTS SET FORTH IN SUBDIVISION TWO OF SECTION SEVEN THOU-
 SAND  NINE OF THIS TITLE IN ORDER TO AUTHORIZE SUCH PODIATRIST TO OBTAIN
 THE TRAINING AND EXPERIENCE REQUIRED FOR THE  ISSUANCE  OF  A  PODIATRIC
 ADVANCED  ANKLE SURGERY PRIVILEGE PURSUANT TO SUBDIVISION TWO OF SECTION
 SEVEN THOUSAND NINE OF THIS TITLE.  SUCH  PERMITS  SHALL  AUTHORIZE  THE
 PERFORMANCE  OF  PODIATRIC  ADVANCED ANKLE SURGERY ONLY UNDER THE DIRECT
 S. 4007--A                         387                        A. 3007--A
 
 PERSONAL SUPERVISION  OF  A  LICENSED  PODIATRIST  HOLDING  A  PODIATRIC
 ADVANCED  ANKLE  SURGERY PRIVILEGE ISSUED PURSUANT TO SUBDIVISION TWO OF
 SECTION SEVEN THOUSAND NINE OF THIS TITLE OR  OF  A  PHYSICIAN  LICENSED
 PURSUANT  TO  TITLE  TWO  OF  THIS  ARTICLE  AND CERTIFIED IN ORTHOPEDIC
 SURGERY BY A NATIONAL CERTIFYING BOARD  HAVING  CERTIFICATION  STANDARDS
 ACCEPTABLE TO THE DEPARTMENT.
   3. FOR THE PURPOSES OF THIS SECTION, DIRECT PERSONAL SUPERVISION MEANS
 SUPERVISION  OF  PROCEDURES  BASED ON INSTRUCTIONS GIVEN DIRECTLY BY THE
 SUPERVISING PODIATRIST OR PHYSICIAN WHO REMAINS IN  THE  IMMEDIATE  AREA
 WHERE  THE PROCEDURES ARE BEING PERFORMED, AUTHORIZES THE PROCEDURES AND
 EVALUATES THE PROCEDURES PERFORMED BY THE HOLDER OF THE LIMITED PERMIT.
   4. THE HOLDER OF A LIMITED PERMIT  ISSUED  PURSUANT  TO  THIS  SECTION
 SHALL  PERFORM  PODIATRIC  ANKLE  SURGERY  ONLY  IN A HOSPITAL OR HEALTH
 FACILITY LICENSED PURSUANT TO ARTICLE TWENTY-EIGHT OF THIS  CHAPTER  AND
 APPROPRIATELY AUTHORIZED TO PROVIDE SUCH SURGERY.
   5.  LIMITED  PERMITS SHALL BE ISSUED FOR A PERIOD OF ONE YEAR, AND MAY
 BE RENEWED FOR ADDITIONAL ONE YEAR PERIODS WHEN NECESSARY TO PERMIT  THE
 COMPLETION OF THE TRAINING AND EXPERIENCE REQUIRED TO OBTAIN A PODIATRIC
 STANDARD  ANKLE  SURGERY  PRIVILEGE  OR PODIATRIC ADVANCED ANKLE SURGERY
 PRIVILEGE, AS APPLICABLE, PROVIDED THAT NO PERMIT MAY  BE  RENEWED  MORE
 THAN FOUR TIMES FOR EACH SUCH PRIVILEGE.
   6.  THE FEE FOR A LIMITED PERMIT SHALL BE ONE HUNDRED FIVE DOLLARS AND
 THE FEE FOR A RENEWAL SHALL BE FIFTY DOLLARS.
 
                                 TITLE 15
                                 OPTOMETRY

 SECTION 7100. INTRODUCTION.
         7101. DEFINITION OF THE PRACTICE OF OPTOMETRY.
         7101-A. CERTIFICATION TO USE THERAPEUTIC DRUGS.
         7102. PRACTICE OF OPTOMETRY AND USE OF TITLE "OPTOMETRIST".
         7103. STATE BOARD FOR OPTOMETRY.
         7104. REQUIREMENTS FOR A PROFESSIONAL LICENSE.
         7105. EXEMPT PERSONS.
         7106. SPECIAL PROVISIONS.
         7107. ADVERTISING OF NON-PRESCRIPTION  READY-TO-WEAR  MAGNIFYING
                 SPECTACLES OR GLASSES.
   §  7100. INTRODUCTION. THIS TITLE APPLIES TO THE PROFESSION OF OPTOME-
 TRY.  THE GENERAL PROVISIONS FOR ALL PROFESSIONS CONTAINED IN TITLE  ONE
 OF THIS ARTICLE APPLY TO THIS TITLE.
   §  7101.  DEFINITION OF THE PRACTICE OF OPTOMETRY. THE PRACTICE OF THE
 PROFESSION OF OPTOMETRY IS DEFINED AS DIAGNOSING  AND  TREATING  OPTICAL
 DEFICIENCY,  OPTICAL  DEFORMITY,  VISUAL  ANOMALY,  MUSCULAR  ANOMALY OR
 DISEASE OF THE HUMAN EYE AND ADJACENT TISSUE BY PRESCRIBING,  PROVIDING,
 ADAPTING  OR  FITTING  LENSES  OR BY PRESCRIBING, PROVIDING, ADAPTING OR
 FITTING NON-CORRECTIVE CONTACT LENSES, OR BY  PRESCRIBING  OR  PROVIDING
 ORTHOPTICS  OR  VISION  TRAINING, OR BY PRESCRIBING AND USING DRUGS. THE
 PRACTICE OF OPTOMETRY SHALL NOT INCLUDE ANY INJECTION OR INVASIVE MODAL-
 ITY. FOR PURPOSES OF THIS SECTION INVASIVE MODALITY MEANS ANY  PROCEDURE
 IN  WHICH  HUMAN  TISSUE  IS  CUT,  ALTERED, OR OTHERWISE INFILTRATED BY
 MECHANICAL OR OTHER MEANS. INVASIVE MODALITY INCLUDES  SURGERY,  LASERS,
 IONIZING  RADIATION,  THERAPEUTIC  ULTRASOUND AND THE REMOVAL OF FOREIGN
 BODIES FROM WITHIN THE TISSUE OF THE EYE. NOTHING  IN  THIS  SECTION  OR
 SECTION  SEVENTY-ONE  HUNDRED  ONE-A OF THIS TITLE SHALL BE CONSTRUED TO
 LIMIT THE SCOPE OF OPTOMETRIC PRACTICE AS AUTHORIZED  PRIOR  TO  JANUARY
 FIRST, NINETEEN HUNDRED NINETY-FIVE. THE USE OF DRUGS BY OPTOMETRISTS IS
 S. 4007--A                         388                        A. 3007--A
 
 AUTHORIZED  ONLY  IN  ACCORDANCE  WITH  THE PROVISIONS OF THIS TITLE AND
 REGULATIONS PROMULGATED BY THE COMMISSIONER.
   §  7101-A.  CERTIFICATION TO USE THERAPEUTIC DRUGS. 1. DEFINITIONS. AS
 USED IN THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEAN-
 INGS:
   A. CLINICAL TRAINING. CLINICAL  TRAINING  SHALL  MEAN  THE  DIAGNOSIS,
 TREATMENT  AND  MANAGEMENT  OF PATIENTS WITH OCULAR DISEASE AND SHALL BE
 COMPARABLE TO THAT ACQUIRED BY A CURRENT GRADUATE OF THE STATE UNIVERSI-
 TY COLLEGE OF OPTOMETRY.
   B. CONSULTATION. CONSULTATION SHALL MEAN A CONFIRMATION OF THE DIAGNO-
 SIS, A PLAN OF CO-MANAGEMENT OF THE PATIENT, AND A  PERIODIC  REVIEW  OF
 THE PATIENT'S PROGRESS.
   C.  EDUCATION  REVIEW COMMITTEE. EDUCATION REVIEW COMMITTEE SHALL MEAN
 THE COMMITTEE ESTABLISHED PURSUANT TO SUBDIVISION NINE OF THIS SECTION.
   D. DIAGNOSTIC PHARMACEUTICALS. DIAGNOSTIC PHARMACEUTICALS  SHALL  MEAN
 THOSE  DRUGS  WHICH  SHALL  BE  LIMITED  TO  TOPICAL APPLICATIONS TO THE
 SURFACE OF THE EYE FOR THE PURPOSE OF DIAGNOSTIC EXAMINATION OF THE  EYE
 AND SHALL BE LIMITED TO:
   (I) ANESTHETIC AGENTS;
   (II) MYDRIATICS;
   (III) CYCLOPLEGICS;
   (IV) MIOTICS;
   (V)  DISCLOSING  AGENTS  AND OTHER SUBSTANCES USED IN CONJUNCTION WITH
 THESE DRUGS AS PART OF A DIAGNOSTIC PROCEDURE.
   E. TOPICAL  THERAPEUTIC  PHARMACEUTICAL  AGENTS.  TOPICAL  THERAPEUTIC
 PHARMACEUTICAL  AGENTS  SHALL MEAN THOSE DRUGS WHICH SHALL BE LIMITED TO
 TOPICAL APPLICATION TO THE SURFACE OF THE EYE FOR  THERAPEUTIC  PURPOSES
 AND SHALL BE LIMITED TO:
   (I) ANTIBIOTIC/ANTIMICROBIALS;
   (II) DECONGESTANTS/ANTI-ALLERGENICS;
   (III) NON-STEROIDAL ANTI-INFLAMMATORY AGENTS;
   (IV) STEROIDAL ANTI-INFLAMMATORY AGENTS;
   (V) ANTIVIRAL AGENTS;
   (VI) HYPEROSMOTIC/HYPERTONIC AGENTS;
   (VII) CYCLOPLEGICS;
   (VIII) ARTIFICIAL TEARS AND LUBRICANTS; AND
   (IX) IMMUNOSUPPRESSIVE AGENTS.
   F.  THERAPEUTIC  PHARMACEUTICAL  AGENTS  FOR TREATMENT OF GLAUCOMA AND
 OCULAR HYPERTENSION. THERAPEUTIC PHARMACEUTICAL AGENTS FOR TREATMENT  OF
 GLAUCOMA  AND  OCULAR HYPERTENSION SHALL MEAN THOSE DRUGS WHICH SHALL BE
 LIMITED TO TOPICAL APPLICATION TO THE SURFACE OF THE EYE  AND  SHALL  BE
 LIMITED TO:
   (I) BETA BLOCKERS;
   (II) ALPHA AGONISTS;
   (III) DIRECT ACTING CHOLINERGIC AGENTS;
   (IV) PROSTAGLANDIN ANALOGS; AND
   (V) CARBONIC ANHYDRASE INHIBITORS.
   G. ORAL THERAPEUTIC PHARMACEUTICAL AGENTS. ORAL THERAPEUTIC PHARMACEU-
 TICAL  AGENTS SHALL MEAN THOSE ORALLY ADMINISTERED DRUGS USED FOR THERA-
 PEUTIC PURPOSES SOLELY FOR THE TREATMENT OF  DISEASES  OF  THE  EYE  AND
 ADNEXA AND SHALL BE LIMITED TO:
   (I) THE FOLLOWING ANTIBIOTICS:
   (1) AMOXICILLIN/CLAVULANATE POTASSIUM;
   (2) CEPHALEXIN;
   (3) AZITHROMYCIN;
   (4) SULFAMETHOXAZOLE/TRIMETHOPRIM;
 S. 4007--A                         389                        A. 3007--A
 
   (5) DOXYCYCLINE; AND
   (6) TETRACYCLINE;
   (II)  THE  FOLLOWING  ANTIGLAUCOMA  AGENTS  USED FOR THE MANAGEMENT OF
 ACUTE INCREASES IN INTRAOCULAR PRESSURE; PROVIDED, HOWEVER,  AN  OPTOME-
 TRIST   MAY   USE  OR  PRESCRIBE  A  MAXIMUM  OF  ONE  TWENTY-FOUR  HOUR
 PRESCRIPTION AND SHALL IMMEDIATELY  REFER  THE  PATIENT  TO  A  LICENSED
 PHYSICIAN SPECIALIZING IN DISEASES OF THE EYE:
   (1) ACETAZOLAMIDE; AND
   (2) METHAZOLAMIDE; AND
   (III) THE FOLLOWING ANTIVIRAL AGENTS USED FOR HERPES ZOSTER OPHTHALMI-
 CUS;  PROVIDED  AN  OPTOMETRIST  SHALL  USE OR PRESCRIBE IN MAXIMUM, ONE
 SEVEN-DAY PRESCRIPTION; PROVIDED, HOWEVER, IF  A  PATIENT  IS  DIAGNOSED
 WITH  HERPES  ZOSTER OPHTHALMICUS AND HAS NOT ALREADY BEEN EXAMINED BY A
 PRIMARY CARE PHYSICIAN OR OTHER APPROPRIATE  PHYSICIAN  FOR  SUCH  VIRAL
 CONDITION,  AN OPTOMETRIST SHALL REFER THE PATIENT TO A LICENSED PRIMARY
 CARE PHYSICIAN, LICENSED PHYSICIAN SPECIALIZING IN DISEASES OF THE  EYE,
 OR OTHER APPROPRIATE PHYSICIAN WITHIN THREE DAYS OF SUCH DIAGNOSIS:
   (1) VALACYCLOVIR; AND
   (2) ACYCLOVIR.
   2.  STANDARD  OF CARE. AN OPTOMETRIST AUTHORIZED TO USE PHARMACEUTICAL
 AGENTS FOR USE IN THE  DIAGNOSIS,  TREATMENT  OR  PREVENTION  OF  OCULAR
 DISEASE  SHALL BE HELD TO THE SAME STANDARD OF CARE IN DIAGNOSIS, USE OF
 SUCH AGENTS, AND TREATMENT AS  THAT  DEGREE  OF  SKILL  AND  PROFICIENCY
 COMMONLY EXERCISED BY A PHYSICIAN IN THE SAME COMMUNITY.
   3.  CERTIFICATE. THE COMMISSIONER SHALL ISSUE APPROPRIATE CERTIFICATES
 TO  USE  THERAPEUTIC  PHARMACEUTICAL  AGENTS  IN  ACCORDANCE  WITH   THE
 PROVISIONS OF THIS SECTION TO THOSE OPTOMETRISTS WHO HAVE SATISFACTORILY
 COMPLETED  A  CURRICULUM IN GENERAL AND OCULAR PHARMACOLOGY AT A COLLEGE
 OF OPTOMETRY WITH DIDACTIC AND SUPERVISED CLINICAL PROGRAMS APPROVED  BY
 THE DEPARTMENT ARE ELIGIBLE TO APPLY FOR THE CERTIFICATE ISSUED PURSUANT
 TO THIS SECTION.
   4.  TOPICAL  THERAPEUTIC  PHARMACEUTICAL  AGENTS.  A.  BEFORE USING OR
 PRESCRIBING TOPICAL THERAPEUTIC PHARMACEUTICAL AGENTS, EACH  OPTOMETRIST
 SHALL  HAVE  COMPLETED AT LEAST THREE HUNDRED HOURS OF CLINICAL TRAINING
 IN THE DIAGNOSIS, TREATMENT  AND  MANAGEMENT  OF  PATIENTS  WITH  OCULAR
 DISEASE  OTHER  THAN  GLAUCOMA  AND  OCULAR HYPERTENSION, NOT FEWER THAN
 TWENTY-FIVE HOURS OF SUCH TRAINING SHALL HAVE BEEN COMPLETED  SUBSEQUENT
 TO  JUNE THIRTIETH, NINETEEN HUNDRED NINETY-THREE AND ADDITIONALLY SHALL
 EITHER HAVE TAKEN AND SUCCESSFULLY PASSED THE TREATMENT  AND  MANAGEMENT
 OF OCULAR DISEASES PORTION OF THE NATIONAL BOARD OF EXAMINERS IN OPTOME-
 TRY TEST OR HAVE TAKEN AND SUCCESSFULLY PASSED AN EXAMINATION ACCEPTABLE
 TO THE BOARD.
   B.  BEFORE  USING OR PRESCRIBING THERAPEUTIC PHARMACEUTICAL AGENTS FOR
 TREATMENT OF GLAUCOMA AND OCULAR HYPERTENSION, AN  OPTOMETRIST  MUST  BE
 CERTIFIED  FOR  DIAGNOSTIC  AND  TOPICAL  THERAPEUTIC  AGENTS  AND  HAVE
 COMPLETED AN ADDITIONAL ONE HUNDRED HOURS OF CLINICAL  TRAINING  IN  THE
 DIAGNOSIS, TREATMENT AND MANAGEMENT OF PATIENTS WITH GLAUCOMA AND OCULAR
 HYPERTENSION,  NOT  FEWER  THAN TWENTY-FIVE HOURS OF SUCH TRAINING SHALL
 HAVE BEEN COMPLETED SUBSEQUENT TO JULY FIRST, NINETEEN  HUNDRED  NINETY-
 FOUR,  AND  SHALL  HAVE TAKEN AND SUCCESSFULLY PASSED AN ORAL OR WRITTEN
 EXAMINATION ACCEPTABLE BY THE BOARD.
   C. BEFORE USING OR PRESCRIBING ORAL THERAPEUTIC PHARMACEUTICAL AGENTS,
 AN OPTOMETRIST MUST BE CERTIFIED TO PRESCRIBE DIAGNOSTIC  PHARMACEUTICAL
 AGENTS AND TOPICAL THERAPEUTIC AND THERAPEUTIC PHARMACEUTICAL AGENTS FOR
 TREATMENT  OF  GLAUCOMA  AND OCULAR HYPERTENSION, HAVE COMPLETED AN ORAL
 THERAPEUTIC PHARMACEUTICAL AGENT CERTIFICATION COURSE AND HAVE PASSED AN
 S. 4007--A                         390                        A. 3007--A
 
 EXAMINATION WITHIN FIVE  YEARS  OF  THE  DEPARTMENT'S  APPROVAL  OF  THE
 INITIAL  CERTIFICATION  COURSE  OR THE INITIAL EXAMINATION, WHICHEVER IS
 LATER PROVIDED, HOWEVER, AN OPTOMETRIST WHO HAS COMMENCED THE ORAL THER-
 APEUTIC  PHARMACEUTICAL  AGENT CERTIFICATION COURSE WITHIN THE FIVE YEAR
 TIME PERIOD BUT HAS NOT YET PASSED AN EXAMINATION SHALL  BE  ALLOWED  TO
 TAKE  SUCH  EXAMINATION  AND  BECOME  CERTIFIED AFTER THE FIVE YEAR TIME
 PERIOD PROVIDED FOR IN THIS PARAGRAPH HAS ENDED.
   (I) THE CURRICULUM  FOR  THE  ORAL  THERAPEUTIC  PHARMACEUTICAL  AGENT
 CERTIFICATION  COURSE  SHALL INCLUDE, BUT NOT BE LIMITED TO, INSTRUCTION
 IN PHARMACOLOGY AND DRUG INTERACTION IN TREATING OCULAR DISEASE  AND  BE
 TAUGHT  THROUGH  CLINICAL CASE SCENARIOS AND EMPHASIZE CLINICAL DECISION
 MAKING AND SHALL BE NO LESS THAN FORTY HOURS,  OF  WHICH  NO  LESS  THAN
 TWENTY-FOUR HOURS SHALL BE LIVE INSTRUCTION.
   (II)  SUCH  COURSE SHALL QUALIFY TOWARDS MEETING THE CONTINUING EDUCA-
 TION PER TRIENNIAL  REGISTRATION  REQUIREMENT  PURSUANT  TO  SUBDIVISION
 SEVEN OF THIS SECTION.
   (III)  THE  EXAMINATION SHALL ASSESS THE KNOWLEDGE OF MATERIALS IN THE
 CURRICULUM  AND  REFLECT  THE  ORAL  THERAPEUTIC  PHARMACEUTICAL  AGENTS
 DESCRIBED  IN  PARAGRAPH G OF SUBDIVISION ONE OF THIS SECTION, AND SHALL
 BE ACCEPTABLE TO THE DEPARTMENT.
   (IV) THE INITIAL, AND ANY SUBSEQUENT, CURRICULUM AND EXAMINATION SHALL
 BE SUBJECT TO REVIEW AND APPROVAL BY THE DEPARTMENT.
   (V) THE REQUIREMENT FOR  THE  ORAL  THERAPEUTIC  PHARMACEUTICAL  AGENT
 CERTIFICATION  COURSE  AND  EXAMINATION SHALL NOT APPLY TO THOSE OPTOME-
 TRISTS WHO GRADUATED FROM AN ACCREDITED COLLEGE OF OPTOMETRY  SUBSEQUENT
 TO JANUARY FIRST, TWO THOUSAND TWENTY-TWO AND HAVE TAKEN AND SUCCESSFUL-
 LY PASSED THE NATIONAL BOARD OF EXAMINERS IN OPTOMETRY EXAMINATION OR AN
 EXAMINATION ACCEPTABLE TO THE DEPARTMENT.
   D.  THE  CLINICAL  TRAINING  REQUIRED  BY  THIS  SECTION MAY HAVE BEEN
 ACQUIRED PRIOR TO THE ENACTMENT OF THIS SECTION  NOT  INCONSISTENT  WITH
 PARAGRAPHS  A  AND  B  OF THIS SUBDIVISION. APPROVAL OF THE PRE-ACQUIRED
 CLINICAL TRAINING SHALL BE IN ACCORDANCE WITH SUBDIVISION NINE-A OF THIS
 SECTION.
   E. THE PROVISIONS OF PARAGRAPHS A AND B OF THIS SUBDIVISION SHALL  NOT
 APPLY TO (I) GRADUATES OF AN APPROPRIATE PROGRAM APPROVED BY THE DEPART-
 MENT WHO HAVE SUCCESSFULLY PASSED THE EXAMINATION ON THE USE OF DIAGNOS-
 TIC AND THERAPEUTIC DRUGS AND WHO GRADUATED SUBSEQUENT TO JANUARY FIRST,
 NINETEEN HUNDRED NINETY-THREE; OR (II) OPTOMETRISTS WHO HAVE BEEN CERTI-
 FIED  FOR  AT  LEAST  FIVE YEARS TO USE PHASE ONE AND PHASE TWO DRUGS IN
 ANOTHER  JURISDICTION,  HAVE  DEMONSTRATED  SUCH  USE  IN  INDEPENDENTLY
 MANAGED  PATIENTS,  AND  HAVE  BEEN  LICENSED IN ACCORDANCE WITH SECTION
 SEVENTY-ONE HUNDRED FOUR OF THIS TITLE. PROVIDED,  HOWEVER,  NO  OPTOME-
 TRIST  EXEMPT  UNDER  THIS PARAGRAPH SHALL BE PERMITTED TO USE PHASE ONE
 THERAPEUTIC PHARMACEUTICAL AGENTS OR PHASE  TWO  THERAPEUTIC  PHARMACEU-
 TICAL AGENTS PRIOR TO THE GENERAL AUTHORIZATION PROVIDED TO OPTOMETRISTS
 LICENSED IN THIS STATE.
   5.  SUSPENSION  OF  CERTIFICATION.  THE  DEPARTMENT  SHALL SUSPEND THE
 CERTIFICATION FOR THE USE AND PRESCRIBING OF TOPICAL THERAPEUTIC  AGENTS
 OF  ANY  OPTOMETRIST  WHO FAILS TO RECEIVE CERTIFICATION FOR THERAPEUTIC
 PHARMACEUTICAL AGENTS FOR TREATMENT OF GLAUCOMA AND OCULAR  HYPERTENSION
 WITHIN  THREE  YEARS  OF  HAVING  BEEN CERTIFIED FOR TOPICAL THERAPEUTIC
 PHARMACEUTICAL AGENTS.
   6. CONSULTATION WITH USE OF CERTAIN TOPICAL THERAPEUTIC PHARMACEUTICAL
 AGENTS FOR TREATMENT OF GLAUCOMA AND OCULAR HYPERTENSION. A.  AFTER  THE
 INITIAL DIAGNOSIS OF GLAUCOMA OR OCULAR HYPERTENSION AND BEFORE INITIAT-
 ING  TREATMENT  OF ANY PATIENT, AN OPTOMETRIST SHALL ENGAGE IN A WRITTEN
 S. 4007--A                         391                        A. 3007--A
 
 CONSULTATION WITH A LICENSED PHYSICIAN SPECIALIZING IN DISEASES  OF  THE
 EYE.
   B.  A  CONSULTATION  SHALL  BE REQUIRED FOR A PERIOD OF THREE YEARS OR
 UNTIL THE OPTOMETRIST HAS EXAMINED AND DIAGNOSED  SEVENTY-FIVE  PATIENTS
 HAVING  GLAUCOMA  OR  OCULAR  HYPERTENSION  WHICH EXAMINATIONS REQUIRE A
 WRITTEN CONSULTATION IN ACCORDANCE WITH PARAGRAPH A OF THIS SUBDIVISION,
 WHICHEVER OCCURS LATER.
   C. THE CONSULTATION PROVISIONS SHALL NOT APPLY TO  A  GRADUATE  OF  AN
 APPROPRIATE  PROGRAM  APPROVED BY THE DEPARTMENT WHO SUCCESSFULLY PASSED
 AN EXAMINATION IN THE USE OF DIAGNOSTIC AND  THERAPEUTIC  PHARMACEUTICAL
 AGENTS  APPROVED  BY THE DEPARTMENT AND GRADUATED SUCH SCHOOL SUBSEQUENT
 TO JANUARY FIRST, NINETEEN HUNDRED NINETY-NINE AND WHO HAS HAD AT  LEAST
 SEVENTY-FIVE  DOCUMENTED  EXAMINATIONS  AND  DIAGNOSIS  OF PATIENTS WITH
 GLAUCOMA OR OCULAR HYPERTENSION WHICH EXAMINATIONS WERE  PART  OF  THEIR
 TRAINING AND WERE UNDER PHYSICIAN SUPERVISION.
   7.  CONTINUING EDUCATION. A. EACH OPTOMETRIST CERTIFIED TO USE TOPICAL
 THERAPEUTIC PHARMACEUTICAL AGENTS AND THERAPEUTIC PHARMACEUTICAL  AGENTS
 FOR  TREATMENT  OF  GLAUCOMA  AND  OCULAR HYPERTENSION, SHALL COMPLETE A
 MINIMUM OF THIRTY-SIX HOURS OF  CONTINUING  EDUCATION  IN  THE  AREA  OF
 OCULAR  DISEASE AND PHARMACOLOGY PER TRIENNIAL REGISTRATION PERIOD. EACH
 OPTOMETRIST CERTIFIED TO  USE  ORAL  THERAPEUTIC  PHARMACEUTICAL  AGENTS
 SHALL,  IN ADDITION TO THE MINIMUM THIRTY-SIX HOURS OF CONTINUING EDUCA-
 TION PROVIDED FOR IN THIS SUBDIVISION, COMPLETE AN ADDITIONAL MINIMUM OF
 EIGHTEEN HOURS OF CONTINUING EDUCATION RELATED TO SYSTEMIC  DISEASE  AND
 THERAPEUTIC  TREATMENT  PER  TRIENNIAL REGISTRATION PERIOD.  SUCH EDUCA-
 TIONAL PROGRAMS MAY INCLUDE BOTH DIDACTIC AND  CLINICAL  COMPONENTS  AND
 SHALL  BE  APPROVED  IN  ADVANCE BY THE DEPARTMENT. BEGINNING ON JANUARY
 FIRST, TWO THOUSAND TWENTY-FOUR, ALL SPONSORS  OF  CONTINUING  EDUCATION
 COURSES  SEEKING  ADVANCED  APPROVAL  FROM  THE DEPARTMENT SHALL FILE AN
 APPLICATION AND PAY A FEE DETERMINED BY  THE  DEPARTMENT  IN  ACCORDANCE
 WITH  THE REGULATIONS OF THE COMMISSIONER. AN OPTOMETRIST SUBJECT TO THE
 PROVISIONS OF THIS SUBDIVISION WHOSE FIRST REGISTRATION  DATE  FOLLOWING
 THE  EFFECTIVE  DATE  OF  THIS SECTION OCCURS LESS THAN THREE YEARS FROM
 SUCH EFFECTIVE DATE, BUT ON OR AFTER JANUARY FIRST, TWO  THOUSAND  TWEN-
 TY-FOUR,  SHALL  COMPLETE CONTINUING EDUCATION HOURS ON A PRORATED BASIS
 AT THE RATE OF ONE HOUR PER  MONTH  FOR  THE  PERIOD  BEGINNING  JANUARY
 FIRST, TWO THOUSAND TWENTY-FOUR UP TO THE FIRST REGISTRATION DATE THERE-
 AFTER.  AN  OPTOMETRIST  WHO  HAS NOT SATISFIED THE MANDATORY CONTINUING
 EDUCATION REQUIREMENT PURSUANT TO THIS SUBDIVISION SHALL NOT BE ISSUED A
 TRIENNIAL REGISTRATION CERTIFICATE BY THE DEPARTMENT AND SHALL NOT PRAC-
 TICE UNLESS AND UNTIL A CONDITIONAL REGISTRATION IS ISSUED  AS  PROVIDED
 FOR IN PARAGRAPH B OF THIS SUBDIVISION. CONTINUING EDUCATION HOURS TAKEN
 DURING ONE TRIENNIUM MAY NOT BE TRANSFERRED TO THE SUBSEQUENT TRIENNIUM.
   B.  THE  DEPARTMENT, IN ITS DISCRETION, MAY ISSUE A CONDITIONAL REGIS-
 TRATION TO AN OPTOMETRIST WHO FAILS TO  MEET  THE  CONTINUING  EDUCATION
 REQUIREMENTS  ESTABLISHED  IN  PARAGRAPH  A OF THIS SUBDIVISION, BUT WHO
 AGREES TO MAKE UP ANY DEFICIENCIES AND COMPLETE 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
 OPTOMETRIST WHO IS NOTIFIED OF THE DENIAL OF REGISTRATION FOR FAILURE TO
 SUBMIT  EVIDENCE, SATISFACTORY TO THE DEPARTMENT, OF REQUIRED CONTINUING
 EDUCATION AND WHO PRACTICES WITHOUT SUCH REGISTRATION MAY BE SUBJECT  TO
 DISCIPLINARY  PROCEEDINGS  PURSUANT TO SECTION SIXTY-FIVE HUNDRED TEN OF
 THIS ARTICLE.
 S. 4007--A                         392                        A. 3007--A

   C. IN ACCORDANCE WITH THE INTENT OF THIS SECTION,  ADJUSTMENT  TO  THE
 MANDATORY CONTINUING EDUCATION REQUIREMENT MAY BE GRANTED BY THE DEPART-
 MENT  FOR  REASONS OF HEALTH THAT ARE CERTIFIED BY AN APPROPRIATE HEALTH
 CARE PROFESSIONAL, FOR EXTENDED ACTIVE DUTY WITH THE ARMED FORCES OF THE
 UNITED  STATES,  OR  FOR  OTHER  GOOD CAUSE ACCEPTABLE TO THE DEPARTMENT
 WHICH MAY PREVENT COMPLIANCE.
   D. AN OPTOMETRIST NOT  ENGAGED  IN  PRACTICE,  AS  DETERMINED  BY  THE
 DEPARTMENT,  SHALL  BE  EXEMPT  FROM  THE MANDATORY CONTINUING EDUCATION
 REQUIREMENT UPON THE FILING OF A STATEMENT WITH THE DEPARTMENT DECLARING
 SUCH STATUS. ANY LICENSEE WHO  RETURNS  TO  THE  PRACTICE  OF  OPTOMETRY
 DURING  THE  TRIENNIAL  REGISTRATION  PERIOD SHALL NOTIFY THE DEPARTMENT
 PRIOR TO REENTERING THE PROFESSION AND SHALL MEET SUCH CONTINUING EDUCA-
 TION REQUIREMENTS AS SHALL BE PRESCRIBED BY REGULATIONS OF  THE  COMMIS-
 SIONER.
   E.  OPTOMETRISTS  SUBJECT  TO THE PROVISIONS OF THIS SUBDIVISION SHALL
 MAINTAIN ADEQUATE DOCUMENTATION OF COMPLETION OF  ACCEPTABLE  CONTINUING
 EDUCATION CREDITS AND SHALL PROVIDE SUCH DOCUMENTATION AT THE REQUEST OF
 THE  DEPARTMENT.  FAILURE TO PROVIDE SUCH DOCUMENTATION UPON THE REQUEST
 OF THE DEPARTMENT SHALL BE AN ACT OF MISCONDUCT SUBJECT TO  DISCIPLINARY
 PROCEEDINGS PURSUANT TO SECTION SIXTY-FIVE HUNDRED TEN OF THIS ARTICLE.
   F.  THE  MANDATORY CONTINUING EDUCATION FEE SHALL BE DETERMINED BY THE
 DEPARTMENT. SUCH FEE SHALL BE PAYABLE ON OR BEFORE THE FIRST DAY OF EACH
 TRIENNIAL REGISTRATION PERIOD, AND SHALL BE  PAID  IN  ADDITION  TO  THE
 TRIENNIAL  REGISTRATION  FEE  REQUIRED  BY  SUBDIVISION EIGHT OF SECTION
 SEVENTY-ONE HUNDRED FOUR OF THIS TITLE.
   8. NOTICE TO PATIENT WITH THE USE OR PRESCRIPTION OF TOPICAL THERAPEU-
 TIC PHARMACEUTICAL AGENTS  AND  THERAPEUTIC  PHARMACEUTICAL  AGENTS  FOR
 TREATMENT  OF  GLAUCOMA  AND  OCULAR HYPERTENSION. A. (I) AN OPTOMETRIST
 PRESCRIBING TOPICAL STEROIDS OR ANTIVIRAL MEDICATION SHALL  INFORM  EACH
 PATIENT  THAT  IN  THE  EVENT THE CONDITION DOES NOT IMPROVE WITHIN FIVE
 DAYS, A PHYSICIAN OF THE PATIENT'S CHOICE WILL BE NOTIFIED.
   (II) AN OPTOMETRIST ENGAGED IN A WRITTEN CONSULTATION WITH AN OPHTHAL-
 MOLOGIST SHALL INFORM A PATIENT DIAGNOSED WITH GLAUCOMA THAT THE OPTOME-
 TRIST WILL HAVE THE DIAGNOSIS CONFIRMED AND CO-MANAGED WITH AN  OPHTHAL-
 MOLOGIST OF THE PATIENT'S CHOICE, OR ONE SELECTED BY THE OPTOMETRIST.
   B. IN ADDITION, EACH OPTOMETRIST CERTIFIED TO PRESCRIBE AND USE THERA-
 PEUTIC  DRUGS  SHALL  HAVE  POSTED CONSPICUOUSLY IN THE OFFICE RECEPTION
 AREA THE FOLLOWING NOTICE:
   "DR. (NAME), O.D. IS CERTIFIED BY NEW YORK STATE TO USE DRUGS TO DIAG-
 NOSE AND TREAT DISEASES OF THE EYE. IN THE EVENT YOUR CONDITION REQUIRES
 THE USE OF STEROIDS OR ANTIVIRAL MEDICATION AND YOUR CONDITION DOES  NOT
 IMPROVE WITHIN FIVE DAYS, A PHYSICIAN OF YOUR CHOICE WILL BE NOTIFIED.
   IN  THE  EVENT  YOU  ARE DIAGNOSED WITH GLAUCOMA, THE OPTOMETRIST WILL
 HAVE YOUR DIAGNOSIS CONFIRMED AND TREATMENT CO-MANAGED WITH AN  OPHTHAL-
 MOLOGIST  (MD)  OF  YOUR  CHOICE,  OR  IF  YOU WISH, ONE SELECTED BY DR.
 (NAME)."
   THE SECOND PARAGRAPH OF SUCH NOTICE  SHALL  ONLY  BE  REQUIRED  TO  BE
 INCLUDED  DURING THE PERIOD WHEN THE OPTOMETRIST IS ENGAGED IN A WRITTEN
 CONSULTATION PURSUANT TO SUBDIVISION SIX OF THIS SECTION.
   9. EDUCATION REVIEW COMMITTEE. AN EDUCATION REVIEW COMMITTEE IS HEREBY
 CREATED TO ADVISE AND ASSIST THE COMMISSIONER IN EVALUATING PRE-ACQUIRED
 CLINICAL TRAINING. THE MEMBERS OF THE COMMITTEE SHALL  BE  APPOINTED  BY
 THE  COMMISSIONER  IN  CONSULTATION  WITH  THE  CHANCELLOR  OF THE STATE
 UNIVERSITY OF NEW YORK. THE COMMITTEE SHALL CONSIST OF FIVE MEMBERS, TWO
 OF WHOM SHALL BE OPTOMETRISTS ON THE FACULTY  OF  THE  SUNY  COLLEGE  OF
 OPTOMETRY,  TWO  OF  WHOM  SHALL BE OPHTHALMOLOGISTS WHO, IN ADDITION TO
 S. 4007--A                         393                        A. 3007--A
 
 BEING MEMBERS OF THE FACULTY OF ANY  APPROVED  MEDICAL  SCHOOL  IN  THIS
 STATE  AND  NOT  ALSO FACULTY MEMBERS OF SUNY COLLEGE OF OPTOMETRY, HAVE
 SURGICAL PRIVILEGES AT A NEW YORK STATE HOSPITAL. THE FIFTH  MEMBER  WHO
 SHALL  BE  DESIGNATED AS CHAIR SHALL BE AN EXPERT IN THE FIELD OF PUBLIC
 HEALTH AND SHALL BE NEITHER AN OPHTHALMOLOGIST NOR AN OPTOMETRIST.
   THE COMMISSIONER SHALL SUBMIT EACH APPLICATION TO  THE  COMMITTEE  FOR
 ITS  REVIEW  AND  RECOMMENDATION.  IN  MAKING  SUCH  RECOMMENDATION, THE
 COMMITTEE SHALL ADVISE AS TO THE NUMBER OF HOURS OF  PRE-ACQUIRED  CLIN-
 ICAL  TRAINING,  IF  ANY,  TO  BE  APPROVED,  BASED UPON THE INFORMATION
 SUBMITTED WITH THE APPLICATION. IN EVALUATING SUCH TRAINING, THE COMMIT-
 TEE SHALL BE AUTHORIZED TO REQUIRE THE  SUBMISSION  OF  SUCH  REASONABLE
 DOCUMENTATION NEEDED TO FACILITATE THE COMMITTEE'S REVIEW OF THE ADEQUA-
 CY AND RELEVANCE OF SUCH TRAINING.
   9-A.  PRE-ACQUIRED  CLINICAL  TRAINING. A. EACH OPTOMETRIST REQUESTING
 APPROVAL OF PRE-ACQUIRED CLINICAL TRAINING SHALL SUBMIT A WRITTEN APPLI-
 CATION TO THE DEPARTMENT. THE COMMISSIONER,  IN  CONSULTATION  WITH  THE
 EDUCATION REVIEW COMMITTEE MAY PROVIDE CREDIT FOR THE FOLLOWING:
   (I)  CLINICAL  TRAINING  ACQUIRED  AT  AN  INSTITUTION ACCREDITED BY A
 REGIONAL OR PROFESSIONAL ACCREDITATION ORGANIZATION WHICH IS  RECOGNIZED
 OR APPROVED BY THE UNITED STATES DEPARTMENT OF EDUCATION AND THE DEPART-
 MENT;
   (II) CLINICAL TRAINING ACQUIRED AT A FACILITY LICENSED BY THE STATE OF
 NEW YORK IN ACCORDANCE WITH ARTICLE TWENTY-EIGHT OF THIS CHAPTER OR AT A
 COMPARABLE  FACILITY  LOCATED  IN  ANOTHER STATE OR COUNTRY PROVIDED THE
 LICENSING REQUIREMENTS OR ACCREDITATION REQUIREMENTS OF SUCH INSTITUTION
 ARE COMPARABLE TO THOSE OF NEW YORK STATE;
   (III) HOSPITAL AFFILIATIONS, INCLUDING ROUNDS AND  PATIENT  MANAGEMENT
 FOR APPLICANTS HAVING STAFF PRIVILEGES AT SUCH FACILITY;
   (IV)  CONSULTATION AND CO-MANAGEMENT WITH OPHTHALMOLOGISTS OF PATIENTS
 WITH OCULAR DISEASE AND POST-SURGERY RECOVERY;
   (V) POSTDOCTORAL ACCREDITED RESIDENCY OR FELLOWSHIP PROGRAMS;
   (VI) EXPERIENCE AT AN ACCREDITED EDUCATIONAL INSTITUTION AS A  FACULTY
 INSTRUCTOR  IN  CLINICAL PRACTICE, OCULAR DISEASE MANAGEMENT AND PHARMA-
 COLOGY;
   (VII) EXPERIENCE IN OTHER STATES  IN  WHICH  THE  APPLICANT  HAS  BEEN
 CERTIFIED TO USE THERAPEUTIC PHARMACEUTICAL AGENTS.
   B.  ANY  OPTOMETRIST DISAGREEING WITH THE RECOMMENDATION OF THE EDUCA-
 TION REVIEW COMMITTEE SHALL HAVE A RIGHT TO APPEAL  IN  WRITING  TO  THE
 COMMISSIONER.  THE DECISION OF THE COMMISSIONER SHALL BE FINAL AND BIND-
 ING ON ALL PARTIES.
   10. PHARMACEUTICAL AGENTS. OPTOMETRISTS WHO  HAVE  BEEN  APPROVED  AND
 CERTIFIED  BY  THE  DEPARTMENT  SHALL  BE PERMITTED TO USE THE FOLLOWING
 DRUGS:
   A. DIAGNOSTIC PHARMACEUTICALS.
   B. THOSE OPTOMETRISTS HAVING BEEN CERTIFIED  FOR  TOPICAL  THERAPEUTIC
 PHARMACEUTICAL  AGENTS  SHALL  BE  AUTHORIZED  TO  USE AND PRESCRIBE ALL
 TOPICAL THERAPEUTIC PHARMACEUTICAL AGENTS SPECIFIED IN  PARAGRAPH  E  OF
 SUBDIVISION ONE OF THIS SECTION, WHICH ARE FDA APPROVED AND COMMERCIALLY
 AVAILABLE FOR TOPICAL USE.
   IN THE EVENT AN OPTOMETRIST TREATS A PATIENT WITH TOPICAL ANTIVIRAL OR
 STEROIDAL  DRUGS  AND THE PATIENT'S CONDITION EITHER FAILS TO IMPROVE OR
 WORSENS WITHIN FIVE DAYS,  THE  OPTOMETRIST  SHALL  NOTIFY  A  PHYSICIAN
 DESIGNATED BY THE PATIENT OR, IF NONE, BY THE TREATING OPTOMETRIST.
   C. THOSE OPTOMETRISTS HAVING BEEN CERTIFIED FOR THERAPEUTIC PHARMACEU-
 TICAL  AGENTS FOR TREATMENT OF GLAUCOMA AND OCULAR HYPERTENSION SHALL BE
 AUTHORIZED TO USE AND PRESCRIBE THERAPEUTIC  PHARMACEUTICAL  AGENTS  FOR
 S. 4007--A                         394                        A. 3007--A
 
 TREATMENT  OF  GLAUCOMA AND OCULAR HYPERTENSION SPECIFIED IN PARAGRAPH F
 OF SUBDIVISION ONE OF THIS SECTION, WHICH ARE FDA APPROVED  AND  COMMER-
 CIALLY AVAILABLE.
   D. THOSE OPTOMETRISTS HAVING BEEN CERTIFIED FOR ORAL THERAPEUTIC PHAR-
 MACEUTICAL  AGENTS  SHALL BE AUTHORIZED TO USE AND PRESCRIBE ORAL THERA-
 PEUTIC PHARMACEUTICAL AGENTS SPECIFIED IN PARAGRAPH G OF SUBDIVISION ONE
 OF THIS SECTION, WHICH ARE FDA APPROVED AND COMMERCIALLY  AVAILABLE  AND
 SHALL  COMPLY  WITH  ALL  SAFETY INFORMATION AND SIDE-EFFECT AND WARNING
 ADVISORIES CONTAINED IN THE MOST CURRENT PHYSICIANS' DESK REFERENCE.
   E. THOSE OPTOMETRISTS HAVING BEEN CERTIFIED  FOR  TOPICAL  THERAPEUTIC
 PHARMACEUTICAL  AGENTS,  THERAPEUTIC PHARMACEUTICAL AGENTS FOR TREATMENT
 OF GLAUCOMA AND OCULAR HYPERTENSION OR ORAL  THERAPEUTIC  PHARMACEUTICAL
 AGENTS  SHALL  BE  AUTHORIZED  TO  USE AND RECOMMEND ALL NONPRESCRIPTION
 MEDICATIONS, WHETHER INTENDED FOR TOPICAL OR ORAL USE,  APPROPRIATE  FOR
 THE TREATMENT OF THE EYE AND ADNEXA.
   11. RESPONSIBILITIES OF THE COMMISSIONER. THE COMMISSIONER SHALL ADOPT
 REGULATIONS A. PROVIDING FOR THE CERTIFICATION OF GRADUATES OF AN APPRO-
 PRIATE  PROGRAM  APPROVED BY THE DEPARTMENT WHO HAVE SUCCESSFULLY PASSED
 THE EXAMINATION ON THE USE OF DIAGNOSTIC AND THERAPEUTIC  PHARMACEUTICAL
 AGENTS  AND  WHO  HAVE  GRADUATED  SUBSEQUENT TO JANUARY FIRST, NINETEEN
 HUNDRED NINETY-THREE; AND B. PROVIDING FOR THE CERTIFICATION OF  OPTOME-
 TRISTS WHO HAVE GRADUATED FROM OTHER ACCREDITED COLLEGES OF OPTOMETRY OR
 WHO  ARE  LICENSED TO PRACTICE IN OTHER JURISDICTIONS, HAVE DEMONSTRATED
 SUCH USE IN INDEPENDENTLY MANAGED PATIENTS AND ARE SEEKING LICENSURE AND
 CERTIFICATION IN NEW YORK.
   12. RESPONSIBILITIES OF THE COMMISSIONER. THE COMMISSIONER MAY  RECOM-
 MEND  ADDITIONS OR DELETIONS TO THE DEPARTMENT'S REGULATIONS RELATING TO
 OPTOMETRIC USE OF DRUGS EXCEPT THAT SUCH RECOMMENDATIONS SHALL BE LIMIT-
 ED ONLY TO ADDITIONS WHICH HAVE BEEN  DETERMINED  TO  BE  EQUIVALENT  TO
 THOSE  DRUGS  ALREADY  AUTHORIZED OR DELETIONS BASED UPON A FINDING THAT
 THE DRUGS ARE NO LONGER APPROPRIATE FOR THEIR CURRENT USE OR  FOR  OTHER
 SIMILAR REASONS.
   §  7102.  PRACTICE OF OPTOMETRY AND USE OF TITLE "OPTOMETRIST". ONLY A
 PERSON LICENSED OR EXEMPT UNDER THIS TITLE SHALL PRACTICE  OPTOMETRY  OR
 USE THE TITLE "OPTOMETRIST".
   §  7103.  STATE BOARD FOR OPTOMETRY. A STATE BOARD FOR OPTOMETRY SHALL
 BE APPOINTED BY THE  COMMISSIONER  FOR  THE  PURPOSE  OF  ASSISTING  THE
 DEPARTMENT ON MATTERS OF PROFESSIONAL LICENSING AND PROFESSIONAL CONDUCT
 IN ACCORDANCE WITH SECTION SIXTY-FIVE HUNDRED EIGHT OF THIS ARTICLE. THE
 BOARD  SHALL  BE  COMPOSED OF NOT LESS THAN SEVEN OPTOMETRISTS WHO SHALL
 HAVE BEEN RESIDENTS OF THIS STATE ENGAGED IN THE PRACTICE  OF  OPTOMETRY
 FOR  AT  LEAST  FIVE  YEARS IN THIS STATE. AN EXECUTIVE SECRETARY TO THE
 BOARD SHALL BE APPOINTED BY THE COMMISSIONER.
   § 7104. REQUIREMENTS FOR A PROFESSIONAL  LICENSE.  TO  QUALIFY  FOR  A
 LICENSE  AS  AN  OPTOMETRIST,  AN  APPLICANT SHALL FULFILL THE FOLLOWING
 REQUIREMENTS:
   (1) APPLICATION: FILE AN APPLICATION WITH THE DEPARTMENT;
   (2) EDUCATION: HAVE RECEIVED  AN  EDUCATION,  INCLUDING  A  DEGREE  OF
 DOCTOR OF OPTOMETRY OR EQUIVALENT DEGREE, IN ACCORDANCE WITH THE COMMIS-
 SIONER'S REGULATIONS;
   (3)  EXPERIENCE:  HAVE  EXPERIENCE  SATISFACTORY  TO  THE BOARD 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) CITIZENSHIP: MEET NO REQUIREMENT AS TO UNITED STATES CITIZENSHIP;
 S. 4007--A                         395                        A. 3007--A
 
   (7) CHARACTER: BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE DEPART-
 MENT; AND
   (8)  FEES:  PAY  A FEE OF TWO HUNDRED TWENTY DOLLARS TO THE DEPARTMENT
 FOR ADMISSION TO A DEPARTMENT CONDUCTED EXAMINATION AND FOR  AN  INITIAL
 LICENSE,  A FEE OF ONE HUNDRED FIFTEEN DOLLARS FOR EACH REEXAMINATION, A
 FEE OF ONE HUNDRED  THIRTY-FIVE  DOLLARS  FOR  AN  INITIAL  LICENSE  FOR
 PERSONS NOT REQUIRING ADMISSION TO A DEPARTMENT CONDUCTED EXAMINATION, A
 FEE  OF  TWO HUNDRED TEN DOLLARS FOR EACH TRIENNIAL REGISTRATION PERIOD,
 FOR ADDITIONAL AUTHORIZATION FOR THE  PURPOSE  OF  UTILIZING  DIAGNOSTIC
 PHARMACEUTICAL  AGENTS, A FEE OF SIXTY DOLLARS, AND FOR CERTIFICATION TO
 USE OR PRESCRIBE ORAL THERAPEUTIC PHARMACEUTICAL AGENTS, A  FEE  OF  TWO
 HUNDRED FIFTY DOLLARS.
   §  7105.  EXEMPT  PERSONS. NOTHING IN THIS TITLE SHALL BE CONSTRUED TO
 AFFECT OR PREVENT:
   1. A STUDENT FROM ENGAGING IN CLINICAL PRACTICE UNDER SUPERVISION OF A
 LICENSED OPTOMETRIST OR PHYSICIAN IN A SCHOOL OF OPTOMETRY IN THIS STATE
 REGISTERED BY THE DEPARTMENT; OR
   2. A PERSON  LICENSED  TO  PRACTICE  OPTOMETRY  FROM  USING  A  DEGREE
 CONFERRED  IN  COURSE AFTER RESIDENT STUDY BY AN EDUCATIONAL INSTITUTION
 LAWFULLY AUTHORIZED BY THE STATE IN WHICH IT IS LOCATED TO CONFER SUCH A
 DEGREE.
   3. AN OPTOMETRIST LICENSED IN ANOTHER STATE OR COUNTRY WHO IS EMPLOYED
 ON A FULL-TIME BASIS BY A REGISTERED SCHOOL OF OPTOMETRY  AS  A  FACULTY
 MEMBER  WITH  THE  RANK OF ASSISTANT PROFESSOR OR HIGHER FROM CONDUCTING
 RESEARCH AND CLINICAL DEMONSTRATIONS AS PART OF SUCH  EMPLOYMENT,  UNDER
 THE  SUPERVISION  OF  A  LICENSED OPTOMETRIST AND ON THE PREMISES OF THE
 SCHOOL.  NO FEE MAY BE CHARGED FOR THE PRACTICE OF OPTOMETRY  AUTHORIZED
 BY THIS SUBDIVISION.
   4.  A. A PERSON IN TRAINING OR APPROPRIATELY TRAINED AND DEEMED QUALI-
 FIED BY THE SUPERVISING LICENSED OPTOMETRIST, TO ASSIST A LICENSED OPTO-
 METRIST IN THE CARE OF A PATIENT FOR THE PURPOSE OF INSTILLING MYDRIATIC
 OR CYCLOPLEGIC EYE DROPS AND ANESTHETIC EYE DROPS  IN  CONJUNCTION  WITH
 SUCH  DILATING  DROPS  TO  THE SURFACE OF THE EYE OF A PATIENT, PROVIDED
 THAT THE PERSON INSTILLING SUCH EYE DROPS IS:
   (I) UNDER THE ON-SITE SUPERVISION OF A  SUPERVISING  LICENSED  OPTOME-
 TRIST;
   (II) AT LEAST EIGHTEEN YEARS OF AGE; AND
   (III) COMPLIES WITH STANDARDS ISSUED BY THE DEPARTMENT.
   B. THE SUPERVISING LICENSED OPTOMETRIST SHALL SUBMIT A FORM PRESCRIBED
 BY  THE  DEPARTMENT,  DETAILING  THE  IDENTITY OF EACH PERSON INSTILLING
 MYDRIATIC OR CYCLOPLEGIC EYE DROPS AND ANESTHETIC EYE DROPS IN  CONJUNC-
 TION  WITH  SUCH  DILATING DROPS TO THE SURFACE OF THE EYE OF A PATIENT,
 UNDER HIS OR HER SUPERVISION, ATTESTING TO  COMPLIANCE  WITH  THE  ABOVE
 REQUIREMENTS.
   C.  THE  SUPERVISING  LICENSED  OPTOMETRIST'S  USE  OF ANY SUCH PERSON
 PURSUANT TO THE TERMS OF  THIS  SUBDIVISION  SHALL  BE  UNDERTAKEN  WITH
 PROFESSIONAL  JUDGMENT  IN  ORDER TO ENSURE THE SAFETY AND WELL-BEING OF
 THE PATIENT.  SUCH USE SHALL SUBJECT THE  LICENSED  OPTOMETRIST  TO  THE
 FULL DISCIPLINARY AND REGULATORY AUTHORITY OF THE DEPARTMENT PURSUANT TO
 THIS  TITLE.  THE  LICENSED  OPTOMETRIST  MUST NOTIFY THE PATIENT OR THE
 PATIENT'S DESIGNATED HEALTH CARE SURROGATE THAT THE LICENSED OPTOMETRIST
 MAY UTILIZE THE SERVICES OF AN  INDIVIDUAL  TO  ADMINISTER  CERTAIN  EYE
 DROPS  AND  MUST  PROVIDE THE PATIENT OR THE PATIENT'S DESIGNATED HEALTH
 CARE SURROGATE THE OPPORTUNITY TO REFUSE THE LICENSED OPTOMETRIST'S PLAN
 TO UTILIZE SUCH PERSON.
 S. 4007--A                         396                        A. 3007--A
 
   § 7106. SPECIAL PROVISIONS. 1. THE TESTIMONY AND REPORTS OF A LICENSED
 OPTOMETRIST SHALL BE RECEIVED BY  ANY  OFFICIAL,  BOARD,  COMMISSION  OR
 OTHER  AGENCY  OF  THE  STATE  OR  OF ANY OF ITS SUBDIVISIONS OR MUNICI-
 PALITIES AS QUALIFIED EVIDENCE WITH RESPECT TO  ANY  MATTER  DEFINED  IN
 SECTION  SEVENTY-ONE  HUNDRED ONE OF THIS TITLE; AND NO OFFICIAL, BOARD,
 COMMISSION, OR OTHER AGENCY OF THE STATE OR ANY OF ITS  SUBDIVISIONS  OR
 MUNICIPALITIES  SHALL  DISCRIMINATE AMONG THE PRACTITIONERS OF OPTOMETRY
 AND ANY OTHER OCULAR PRACTITIONERS.
   2. EYEGLASSES OR LENSES FOR THE CORRECTION OF VISION OR NON-CORRECTIVE
 CONTACT LENSES MAY BE SOLD BY ANY PERSON, FIRM OR CORPORATION AT RETAIL,
 ONLY ON PRESCRIPTION OF A LICENSED PHYSICIAN OR LICENSED OPTOMETRIST AND
 ONLY IF A LICENSED PHYSICIAN, OPTOMETRIST OR OPHTHALMIC DISPENSER IS  IN
 CHARGE  OF  AND  IN PERSONAL ATTENDANCE AT THE PLACE OF SALE. THIS TITLE
 SHALL NOT APPLY TO BINOCULARS, TELESCOPES,  OR  OTHER  LENSES  USED  FOR
 SIMPLE  MAGNIFICATION;  EXCEPT, THAT A SELLER OF NON-PRESCRIPTION READY-
 TO-WEAR MAGNIFYING  SPECTACLES  OR  GLASSES  SHALL  HAVE  THE  FOLLOWING
 LANGUAGE  ATTACHED  TO  EACH  PAIR OF GLASSES OR SPECTACLES DISPLAYED OR
 OFFERED FOR SALE AND IN AT LEAST TEN POINT BOLD TYPE PERMANENTLY AFFIXED
 IN PLAIN VIEW TO THE TOP OF ANY POINT OF SALE DISPLAY OR, IF THERE IS NO
 DISPLAY, IN THE AREA OF SALE: "ATTENTION; READY-TO-WEAR NON-PRESCRIPTION
 GLASSES ARE NOT INTENDED TO  REPLACE  PRESCRIBED  CORRECTIVE  LENSES  OR
 EXAMINATIONS  BY  AN EYE CARE PROFESSIONAL. CONTINUOUS EYE CHECK-UPS ARE
 NECESSARY TO DETERMINE YOUR EYE HEALTH STATUS AND VISION NEEDS." AS USED
 IN THIS SUBDIVISION "NON-PRESCRIPTION, READY TO WEAR MAGNIFYING  SPECTA-
 CLES  OR GLASSES" MEANS SPHERICAL CONVEX LENSES, UNIFORM IN EACH MERIDI-
 AN, WHICH ARE ENCASED IN EYEGLASS FRAMES AND INTENDED TO AMELIORATE  THE
 SYMPTOMS  OF  PRESBYOPIA. THE LENSES IN SUCH GLASSES SHALL BE OF UNIFORM
 FOCUS POWER IN EACH EYE AND SHALL NOT EXCEED 2.75 DIOPTERS.
   3. IT SHALL BE A CLASS A MISDEMEANOR TO PRACTICE ANY FRAUD, DECEIT  OR
 MISREPRESENTATION IN ANY ADVERTISING RELATED TO OPTOMETRIC SERVICES.
   § 7107. ADVERTISING OF NON-PRESCRIPTION READY-TO-WEAR MAGNIFYING SPEC-
 TACLES OR GLASSES. 1. ANY PRINTED ADVERTISING FOR NON-PRESCRIPTION READ-
 Y-TO-WEAR  MAGNIFYING  SPECTACLES OR GLASSES TO BE SOLD THROUGH THE MAIL
 ALSO SHALL INCLUDE THE STATEMENT,  "ATTENTION;  READY-TO-WEAR  NON-PRES-
 CRIPTION GLASSES ARE NOT INTENDED TO REPLACE PRESCRIBED CORRECTIVE LENS-
 ES  OR  EXAMINATIONS  BY  AN  EYE  CARE  PROFESSIONAL.    CONTINUOUS EYE
 CHECK-UPS ARE NECESSARY TO DETERMINE YOUR EYE HEALTH STATUS  AND  VISION
 NEEDS." AS USED IN THIS SECTION, "NON-PRESCRIPTION, READY TO WEAR MAGNI-
 FYING  SPECTACLES  OR GLASSES" MEANS SPHERICAL CONVEX LENSES, UNIFORM IN
 EACH MERIDIAN, WHICH ARE ENCASED IN  EYEGLASS  FRAMES  AND  INTENDED  TO
 AMELIORATE  THE SYMPTOMS OF PRESBYOPIA. THE LENSES IN SUCH GLASSES SHALL
 BE OF UNIFORM FOCUS POWER IN EACH EYE AND SHALL NOT  EXCEED  2.75  DIOP-
 TERS.
   2.  ANY  PERSON,  HIS  OR  HER AGENT OR EMPLOYEE WHO SHALL VIOLATE ANY
 PROVISION OF THIS SECTION SHALL BE SUBJECT TO A  CIVIL  PENALTY  OF  NOT
 LESS  THAN  TWENTY-FIVE  DOLLARS NOR MORE THAN TWO HUNDRED FIFTY DOLLARS
 FOR EACH VIOLATION. FOR PURPOSES OF THIS SECTION, THE SALE OR OFFER  FOR
 SALE  OF  EACH PAIR OF NON-PRESCRIPTION READY-TO-WEAR MAGNIFYING SPECTA-
 CLES OR GLASSES WHICH FAIL TO MEET THE STANDARDS OF THIS  SECTION  SHALL
 CONSTITUTE A VIOLATION.
 
                                 TITLE 16
                           OPHTHALMIC DISPENSING
 
 SECTION 7120. INTRODUCTION.
         7121. DEFINITION OF PRACTICE OF OPHTHALMIC DISPENSING.
 S. 4007--A                         397                        A. 3007--A
 
         7122. PRACTICE   OF  OPHTHALMIC  DISPENSING  AND  USE  OF  TITLE
                 "OPHTHALMIC DISPENSER" OR "OPTICIAN".
         7123. STATE BOARD FOR OPHTHALMIC DISPENSING.
         7124. REQUIREMENTS FOR A PROFESSIONAL LICENSE.
         7125. EXEMPTIONS.
         7126. SPECIAL PROVISIONS.
         7127. ADVERTISING  OF  NON-PRESCRIPTION READY-TO-WEAR MAGNIFYING
                 SPECTACLES OR GLASSES.
         7128. MANDATORY CONTINUING EDUCATION.
   § 7120. INTRODUCTION. THIS TITLE SHALL  APPLY  TO  THE  PROFESSION  OF
 OPHTHALMIC  DISPENSING.  THE  GENERAL  PROVISIONS  FOR  ALL  PROFESSIONS
 CONTAINED IN TITLE ONE OF THIS ARTICLE SHALL APPLY TO THIS TITLE.
   § 7121. DEFINITION OF PRACTICE OF OPHTHALMIC DISPENSING. THE  PRACTICE
 OF  THE  PROFESSION OF "OPHTHALMIC DISPENSING", FOR THE PURPOSES OF THIS
 CHAPTER, IS DEFINED AS ADAPTING AND FITTING LENSES, FOR  THE  CORRECTION
 OF DEFICIENCIES, DEFORMITIES, OR ANOMALIES, OF THE HUMAN EYES, OR ADAPT-
 ING  AND FITTING NON-CORRECTIVE CONTACT LENSES, ON WRITTEN PRESCRIPTIONS
 FROM A LICENSED PHYSICIAN OR OPTOMETRIST. REPLACEMENTS OR DUPLICATES  OF
 SUCH  LENSES  MAY BE ADAPTED AND DISPENSED WITHOUT PRESCRIPTION. CONTACT
 LENSES MAY BE FITTED BY AN OPHTHALMIC DISPENSER ONLY UNDER THE  PERSONAL
 SUPERVISION OF A LICENSED PHYSICIAN OR OPTOMETRIST.
   § 7122. PRACTICE OF OPHTHALMIC DISPENSING AND USE OF TITLE "OPHTHALMIC
 DISPENSER"  OR  "OPTICIAN".  ONLY A PERSON LICENSED OR EXEMPT UNDER THIS
 TITLE OR A CORPORATION, PARTNERSHIP, OR PERSONS DOING BUSINESS UNDER  AN
 ASSUMED  NAME  AND  EITHER COMPOSED OF LICENSED OPHTHALMIC DISPENSERS OR
 EMPLOYING  LICENSED  OPHTHALMIC  DISPENSERS  SHALL  PRACTICE  OPHTHALMIC
 DISPENSING OR USE THE TITLE "OPHTHALMIC DISPENSER", "OPTICIAN", "OPTICAL
 TECHNICIAN", "DISPENSING OPTICIAN", OR "OPTICAL DISPENSER".
   §  7123.  STATE  BOARD  FOR  OPHTHALMIC  DISPENSING. A STATE BOARD FOR
 OPHTHALMIC DISPENSING SHALL BE APPOINTED BY  THE  COMMISSIONER  FOR  THE
 PURPOSE OF ASSISTING THE DEPARTMENT ON MATTERS OF PROFESSIONAL LICENSING
 AND  PROFESSIONAL  CONDUCT IN ACCORDANCE WITH SECTION SIXTY-FIVE HUNDRED
 EIGHT OF THIS ARTICLE. SUCH BOARD SHALL BE COMPOSED  OF  NOT  LESS  THAN
 SEVEN  LICENSED  OPHTHALMIC  DISPENSERS WHO SHALL HAVE BEEN RESIDENTS OF
 THIS STATE ENGAGED IN THE PRACTICE OF OPHTHALMIC DISPENSING FOR AT LEAST
 FIVE YEARS IN THIS STATE. AN EXECUTIVE SECRETARY TO SUCH BOARD SHALL  BE
 APPOINTED  BY  THE  COMMISSIONER.  AS  USED IN THIS TITLE, THE TERM "THE
 BOARD" SHALL MEAN THE STATE BOARD FOR  OPHTHALMIC  DISPENSING  APPOINTED
 PURSUANT TO THIS SECTION.
   §  7124. REQUIREMENTS FOR A PROFESSIONAL LICENSE.  1. TO QUALIFY FOR A
 LICENSE AS AN OPHTHALMIC  DISPENSER,  AN  APPLICANT  SHALL  FULFILL  THE
 FOLLOWING REQUIREMENTS:
   A. APPLICATION: FILE AN APPLICATION WITH THE DEPARTMENT;
   B. EDUCATION: HAVE RECEIVED AN EDUCATION, INCLUDING HIGH SCHOOL GRADU-
 ATION AND COMPLETION, IN ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS,
 OF  EITHER  (I) A TWO-YEAR PROGRAM IN OPHTHALMIC DISPENSING; OR (II) TWO
 YEARS OF TRAINING AND EXPERIENCE  IN  OPHTHALMIC  DISPENSING  UNDER  THE
 SUPERVISION  OF  A LICENSED OPHTHALMIC DISPENSER, OPTOMETRIST, OR PHYSI-
 CIAN;
   C. EXPERIENCE: HAVE  EXPERIENCE  SATISFACTORY  TO  THE  BOARD  AND  IN
 ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS;
   D.  EXAMINATION:  PASS AN EXAMINATION SATISFACTORY TO THE BOARD AND IN
 ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS;
   E. AGE: BE AT LEAST EIGHTEEN YEARS OF AGE;
   F. CITIZENSHIP: MEET NO REQUIREMENT AS TO UNITED STATES CITIZENSHIP;
 S. 4007--A                         398                        A. 3007--A

   G. CHARACTER: BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE  DEPART-
 MENT; AND
   H.  FEES:  PAY  A FEE OF ONE HUNDRED FIFTEEN DOLLARS TO THE DEPARTMENT
 FOR ADMISSION TO A DEPARTMENT-CONDUCTED EXAMINATION AND FOR  AN  INITIAL
 LICENSE,  A  FEE  OF FORTY-FIVE DOLLARS FOR EACH REEXAMINATION, A FEE OF
 FIFTY DOLLARS FOR AN INITIAL LICENSE FOR PERSONS NOT REQUIRING ADMISSION
 TO A DEPARTMENT CONDUCTED EXAMINATION, AND A FEE OF  FIFTY  DOLLARS  FOR
 EACH TRIENNIAL REGISTRATION PERIOD.
   2.  A PERSON LICENSED AFTER JULY FIRST, NINETEEN HUNDRED SEVENTY-THREE
 SHALL BE PERMITTED TO FIT CONTACT LENSES ONLY IF THE LICENSEE, IN  ADDI-
 TION  TO  THE  REQUIREMENTS  OF SUBDIVISION A OF THIS SECTION, SHALL (1)
 PASS A SEPARATE EXAMINATION SATISFACTORY TO THE BOARD AND IN  ACCORDANCE
 WITH  THE COMMISSIONER'S REGULATIONS; AND (2) HAVE THE REQUISITE EXPERI-
 ENCE IN THE FITTING OF CONTACT LENSES SATISFACTORY TO THE BOARD  AND  IN
 ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS.
   § 7125. EXEMPTIONS. NOTHING IN THIS TITLE SHALL BE CONSTRUED TO AFFECT
 OR PREVENT:
   1.  AN  UNLICENSED  PERSON FROM PERFORMING MERELY MECHANICAL WORK UPON
 INERT MATTER IN AN OPTICAL OFFICE, LABORATORY, OR SHOP;
   2. A STUDENT FROM ENGAGING IN CLINICAL PRACTICE, UNDER THE SUPERVISION
 OF A LICENSED OPHTHALMIC DISPENSER OR LICENSED OPTOMETRIST, OR  LICENSED
 PHYSICIAN,  IN  AN OPHTHALMIC DISPENSING SCHOOL OR COLLEGE REGISTERED BY
 THE DEPARTMENT; OR
   3. THE DEPARTMENT FROM ISSUING A LIMITED PERMIT TO  AN  APPLICANT  WHO
 MEETS  ALL  REQUIREMENTS  FOR  ADMISSION  TO  THE  LICENSING EXAMINATION
 REQUIRED UNDER SECTION SEVENTY-ONE HUNDRED TWENTY-FOUR  OF  THIS  TITLE,
 PROVIDED, HOWEVER, THAT:
   A. PRACTICE UNDER A LIMITED PERMIT SHALL BE UNDER THE SUPERVISION OF A
 LICENSED PHYSICIAN, OPTOMETRIST OR OPHTHALMIC DISPENSER.
   B.  A  LIMITED  PERMIT SHALL EXPIRE AFTER TWO YEARS, OR UPON NOTICE TO
 THE APPLICANT THAT THE APPLICATION FOR LICENSURE HAS BEEN DENIED, OR TEN
 DAYS AFTER NOTIFICATION TO THE APPLICANT OF FAILURE ON THE  PROFESSIONAL
 LICENSING EXAMINATION, WHICHEVER SHALL FIRST OCCUR.  NOTWITHSTANDING THE
 FOREGOING  PROVISIONS  OF  THIS SUBDIVISION, IF THE APPLICANT IS WAITING
 FOR THE RESULT OF A LICENSING  EXAMINATION  AT  THE  TIME  SUCH  LIMITED
 PERMIT  EXPIRES,  SUCH  PERMIT SHALL CONTINUE TO BE VALID UNTIL TEN DAYS
 AFTER NOTIFICATION TO THE APPLICANT OF THE RESULTS OF SUCH  EXAMINATION.
 A  LIMITED  PERMIT WHICH HAS NOT EXPIRED AS A RESULT OF NOTICE OF DENIAL
 OF LICENSURE OR OF FAILURE ON THE LICENSING EXAMINATION MAY  BE  RENEWED
 FOR A PERIOD OF NOT MORE THAN ONE ADDITIONAL YEAR, UPON A SHOWING SATIS-
 FACTORY  TO THE DEPARTMENT THAT THE APPLICANT COULD NOT OBTAIN A LICENSE
 WITHIN TWO YEARS.
   C. SUPERVISION OF A PERMITTEE BY A LICENSED PHYSICIAN, OPTOMETRIST, OR
 OPHTHALMIC DISPENSER SHALL BE ON-SITE SUPERVISION  BUT  NOT  NECESSARILY
 DIRECT PERSONAL SUPERVISION.
   D. THE FEE FOR EACH LIMITED PERMIT AND FOR EACH RENEWAL SHALL BE THIR-
 TY-FIVE  DOLLARS.    THE  FEE FOR ISSUANCE OF A TRAINING PERMIT SHALL BE
 THIRTY DOLLARS.
   § 7126. SPECIAL PROVISIONS. 1. EYEGLASSES OR LENSES FOR THE CORRECTION
 OF VISION OR NON-CORRECTIVE CONTACT LENSES MAY BE SOLD  BY  ANY  PERSON,
 FIRM OR CORPORATION AT RETAIL, ONLY ON PRESCRIPTION OF A LICENSED PHYSI-
 CIAN  OR  LICENSED OPTOMETRIST AND ONLY IF A LICENSED PHYSICIAN, OPTOME-
 TRIST, OR OPHTHALMIC DISPENSER IS IN CHARGE OF AND IN  PERSONAL  ATTEND-
 ANCE  AT  THE  PLACE  OF  SUCH  SALE.  THIS  TITLE  SHALL  NOT  APPLY TO
 BINOCULARS, TELESCOPES, OR OTHER LENSES USED FOR  SIMPLE  MAGNIFICATION,
 EXCEPT  THAT A SELLER OF NON-PRESCRIPTION READY-TO-WEAR MAGNIFYING SPEC-
 S. 4007--A                         399                        A. 3007--A
 
 TACLES OR GLASSES SHALL HAVE THE FOLLOWING  LANGUAGE  ATTACHED  TO  EACH
 PAIR  OF  GLASSES  OR SPECTACLES DISPLAYED OR OFFERED FOR SALE AND IN AT
 LEAST TEN-POINT BOLD TYPE PERMANENTLY AFFIXED IN PLAIN VIEW TO  THE  TOP
 OF ANY POINT OF SALE DISPLAY, OR, IF THERE IS NO DISPLAY, IN THE AREA OF
 SALE:   "ATTENTION:   READY-TO-WEAR  NON-PRESCRIPTION  GLASSES  ARE  NOT
 INTENDED TO REPLACE PRESCRIBED CORRECTIVE LENSES OR EXAMINATIONS  BY  AN
 EYE  CARE PROFESSIONAL. CONTINUOUS EYE CHECK-UPS ARE NECESSARY TO DETER-
 MINE YOUR EYE HEALTH STATUS AND VISION NEEDS." AS USED IN THIS  SUBDIVI-
 SION, "NON-PRESCRIPTION, READY-TO-WEAR MAGNIFYING SPECTACLES OR GLASSES"
 MEANS  SPHERICAL  CONVEX  LENSES,  UNIFORM  IN  EACH MERIDIAN, WHICH ARE
 ENCASED IN EYEGLASS FRAMES AND INTENDED TO AMELIORATE  THE  SYMPTOMS  OF
 PRESBYOPIA.  THE  LENSES IN SUCH GLASSES SHALL BE OF UNIFORM FOCUS POWER
 IN EACH EYE AND SHALL NOT EXCEED 2.75 DIOPTERS.
   2. IT SHALL BE A CLASS A MISDEMEANOR TO PRACTICE ANY FRAUD, DECEIT  OR
 MISREPRESENTATION IN ANY ADVERTISING RELATED TO OPHTHALMIC DISPENSING.
   § 7127. ADVERTISING OF NON-PRESCRIPTION READY-TO-WEAR MAGNIFYING SPEC-
 TACLES OR GLASSES. 1. ANY PRINTED ADVERTISING FOR NON-PRESCRIPTION READ-
 Y-TO-WEAR  MAGNIFYING  SPECTACLES OR GLASSES TO BE SOLD THROUGH THE MAIL
 SHALL INCLUDE THE STATEMENT:  "ATTENTION: READY-TO-WEAR NON-PRESCRIPTION
 GLASSES ARE NOT INTENDED TO  REPLACE  PRESCRIBED  CORRECTIVE  LENSES  OR
 EXAMINATIONS  BY  AN EYE CARE PROFESSIONAL. CONTINUOUS EYE CHECK-UPS ARE
 NECESSARY TO DETERMINE YOUR EYE HEALTH STATUS AND VISION NEEDS." AS USED
 IN THIS SECTION, "NON-PRESCRIPTION, READY-TO-WEAR MAGNIFYING  SPECTACLES
 OR  GLASSES"  MEANS  SPHERICAL  CONVEX LENSES, UNIFORM IN EACH MERIDIAN,
 WHICH ARE ENCASED IN EYEGLASS FRAMES  AND  INTENDED  TO  AMELIORATE  THE
 SYMPTOMS  OF  PRESBYOPIA. THE LENSES IN SUCH GLASSES SHALL BE OF UNIFORM
 FOCUS POWER IN EACH EYE AND SHALL NOT EXCEED 2.75 DIOPTERS.
   2. ANY PERSON OR HIS  OR  HER  AGENT  OR  EMPLOYEE  WHO  VIOLATES  ANY
 PROVISION  OF  THIS  SECTION  SHALL BE SUBJECT TO A CIVIL PENALTY OF NOT
 LESS THAN TWENTY-FIVE DOLLARS NOR MORE THAN TWO  HUNDRED  FIFTY  DOLLARS
 FOR EACH SUCH VIOLATION. FOR PURPOSES OF THIS SECTION, THE SALE OR OFFER
 FOR SALE OF EACH PAIR OF NON-PRESCRIPTION READY-TO-WEAR MAGNIFYING SPEC-
 TACLES  OR GLASSES THAT FAIL TO MEET THE STANDARDS OF THIS SECTION SHALL
 CONSTITUTE A VIOLATION OF THIS SECTION.
   § 7128. MANDATORY CONTINUING EDUCATION. 1. A. EACH LICENSED OPHTHALMIC
 DISPENSER REQUIRED UNDER THIS TITLE TO  REGISTER  TRIENNIALLY  WITH  THE
 DEPARTMENT  TO PRACTICE IN THE STATE SHALL COMPLY WITH THE PROVISIONS OF
 THE MANDATORY CONTINUING EDUCATION REQUIREMENTS PRESCRIBED  IN  SUBDIVI-
 SION  TWO OF THIS SECTION, EXCEPT AS OTHERWISE SET FORTH IN PARAGRAPHS A
 AND C OF THIS SUBDIVISION. OPHTHALMIC DISPENSERS WHO DO NOT SATISFY SUCH
 MANDATORY CONTINUING EDUCATION REQUIREMENTS  SHALL  NOT  PRACTICE  UNTIL
 THEY  HAVE  MET SUCH REQUIREMENTS, AND THEY HAVE BEEN ISSUED A REGISTRA-
 TION CERTIFICATE, EXCEPT THAT AN OPHTHALMIC DISPENSER MAY PRACTICE WITH-
 OUT HAVING MET SUCH REQUIREMENTS IF HE OR SHE IS  ISSUED  A  CONDITIONAL
 REGISTRATION CERTIFICATE PURSUANT TO SUBDIVISION THREE OF THIS SECTION.
   B. OPHTHALMIC DISPENSERS 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,
 ADJUSTMENT TO THE MANDATORY  CONTINUING  EDUCATION  REQUIREMENT  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 OPHTHALMIC DISPENSER NOT ENGAGED IN PRACTICE, AS DETER-
 MINED BY THE DEPARTMENT, SHALL BE EXEMPT FROM THE  MANDATORY  CONTINUING
 EDUCATION REQUIREMENT UPON THE FILING OF A STATEMENT WITH THE DEPARTMENT
 S. 4007--A                         400                        A. 3007--A
 
 DECLARING  SUCH  STATUS.  ANY  LICENSEE  WHO  RETURNS TO THE PRACTICE OF
 OPHTHALMIC DISPENSING 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 REGU-
 LATIONS OF THE COMMISSIONER.
   2. DURING EACH TRIENNIAL REGISTRATION PERIOD AN APPLICANT  FOR  REGIS-
 TRATION  AS AN OPHTHALMIC DISPENSER SHALL COMPLETE A MINIMUM OF EIGHTEEN
 HOURS OF ACCEPTABLE FORMAL CONTINUING EDUCATION, AS SPECIFIED IN  SUBDI-
 VISION  FOUR OF THIS SECTION; PROVIDED THAT THREE HOURS MAY BE IN RECOG-
 NIZED AREAS OF STUDY PERTINENT TO THE DISPENSING AND FITTING OF  CONTACT
 LENSES.  DURING  EACH  TRIENNIAL  REGISTRATION  PERIOD  AN APPLICANT FOR
 REGISTRATION AS AN OPHTHALMIC DISPENSER AND  CERTIFIED  TO  FIT  CONTACT
 LENSES  SHALL  COMPLETE  TWENTY  HOURS  OF  ACCEPTABLE FORMAL CONTINUING
 EDUCATION, AS SPECIFIED IN SUBDIVISION FOUR OF  THIS  SECTION;  PROVIDED
 THAT  TEN  HOURS  SHALL BE IN RECOGNIZED AREAS OF STUDY PERTINENT TO THE
 DISPENSING AND FITTING OF CONTACT LENSES. ANY OPHTHALMIC DISPENSER WHOSE
 FIRST REGISTRATION DATE FOLLOWING THE EFFECTIVE  DATE  OF  THIS  SECTION
 OCCURS  LESS  THAN THREE YEARS FROM SUCH EFFECTIVE DATE, BUT ON OR AFTER
 JANUARY FIRST, NINETEEN HUNDRED NINETY-NINE, SHALL  COMPLETE  CONTINUING
 EDUCATION  HOURS  ON  A  PRORATED BASIS AT THE RATE OF ONE-HALF HOUR PER
 MONTH FOR THE PERIOD BEGINNING JANUARY FIRST, NINETEEN  HUNDRED  NINETY-
 EIGHT  UP  TO THE FIRST REGISTRATION DATE THEREAFTER. A LICENSEE WHO HAS
 NOT SATISFIED THE MANDATORY CONTINUING EDUCATION REQUIREMENTS SHALL  NOT
 BE  ISSUED  A  TRIENNIAL  REGISTRATION CERTIFICATE BY THE DEPARTMENT AND
 SHALL NOT PRACTICE UNLESS AND UNTIL A CONDITIONAL  REGISTRATION  CERTIF-
 ICATE  IS  ISSUED  AS PROVIDED FOR IN SUBDIVISION THREE OF THIS SECTION.
 CONTINUING EDUCATION HOURS TAKEN DURING ONE TRIENNIUM MAY NOT BE  TRANS-
 FERRED 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 COMPLETE 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
 SUBMIT EVIDENCE, SATISFACTORY TO THE DEPARTMENT, OF REQUIRED  CONTINUING
 EDUCATION AND WHO PRACTICES WITHOUT SUCH REGISTRATION, MAY BE SUBJECT TO
 DISCIPLINARY  PROCEEDINGS  PURSUANT TO SECTION SIXTY-FIVE HUNDRED TEN OF
 THIS ARTICLE.
   4. AS USED IN SUBDIVISION TWO  OF  THIS  SECTION,  "ACCEPTABLE  FORMAL
 EDUCATION"  SHALL  MEAN  FORMAL  COURSES OF LEARNING WHICH CONTRIBUTE TO
 PROFESSIONAL PRACTICE IN OPHTHALMIC DISPENSING AND WHICH MEET THE STAND-
 ARDS PRESCRIBED BY REGULATIONS OF THE COMMISSIONER.  SUCH FORMAL COURSES
 OF LEARNING SHALL INCLUDE, BUT NOT BE LIMITED TO, COLLEGIATE LEVEL CRED-
 IT AND NON-CREDIT COURSES. PROFESSIONAL DEVELOPMENT PROGRAMS AND TECHNI-
 CAL SESSIONS OFFERED BY NATIONAL, STATE, AND LOCAL PROFESSIONAL  ASSOCI-
 ATIONS  AND  OTHER  ORGANIZATIONS  ACCEPTABLE TO THE DEPARTMENT, AND ANY
 OTHER ORGANIZED EDUCATIONAL AND TECHNICAL  PROGRAMS  ACCEPTABLE  TO  THE
 DEPARTMENT.  THE DEPARTMENT, IN ITS DISCRETION AND AS NEEDED TO CONTRIB-
 UTE TO THE HEALTH AND WELFARE OF THE PUBLIC, MAY REQUIRE THE  COMPLETION
 OF  CONTINUING  EDUCATION  COURSES  IN SPECIFIC SUBJECTS TO FULFILL SUCH
 MANDATORY CONTINUING EDUCATION REQUIREMENT.  COURSES MUST BE TAKEN  FROM
 A SPONSOR APPROVED BY THE DEPARTMENT, PURSUANT TO THE REGULATIONS OF THE
 COMMISSIONER.
 S. 4007--A                         401                        A. 3007--A
 
   5.  OPHTHALMIC  DISPENSERS  SHALL  MAINTAIN  ADEQUATE DOCUMENTATION OF
 COMPLETION OF ACCEPTABLE FORMAL CONTINUING EDUCATION AND  SHALL  PROVIDE
 SUCH  DOCUMENTATION AT THE REQUEST OF THE DEPARTMENT. FAILURE TO PROVIDE
 SUCH DOCUMENTATION UPON THE REQUEST OF THE DEPARTMENT SHALL BE AN ACT OF
 MISCONDUCT  SUBJECT  TO  DISCIPLINARY  PROCEEDINGS  PURSUANT  TO SECTION
 SIXTY-FIVE HUNDRED TEN OF THIS ARTICLE.
   6. THE MANDATORY CONTINUING EDUCATION FEE SHALL BE FORTY-FIVE DOLLARS,
 SHALL BE PAYABLE ON OR BEFORE THE FIRST DAY OF EACH TRIENNIAL  REGISTRA-
 TION PERIOD, AND SHALL BE PAID IN ADDITION TO THE TRIENNIAL REGISTRATION
 FEE REQUIRED BY SECTION SEVENTY-ONE HUNDRED TWENTY-FOUR OF THIS TITLE.
 
                                 TITLE 17
                                PSYCHOLOGY
 SECTION 7600.   INTRODUCTION.
         7601.   PRACTICE  OF  PSYCHOLOGY  AND USE OF THE TITLE "PSYCHOL-
                 OGIST".
         7601-A. DEFINITION OF THE PRACTICE OF PSYCHOLOGY.
         7602.   STATE BOARD FOR PSYCHOLOGY.
         7603.   REQUIREMENTS FOR A PROFESSIONAL LICENSE.
         7604.   LIMITED PERMITS.
         7605.   EXEMPT PERSONS.
         7606.   PROHIBITIONS.
         7607.   MANDATORY CONTINUING EDUCATION.
   § 7600. INTRODUCTION. THIS TITLE APPLIES TO THE PROFESSION  AND  PRAC-
 TICE  OF  PSYCHOLOGY  AND  TO  THE  USE OF THE TITLE "PSYCHOLOGIST". THE
 GENERAL PROVISIONS FOR ALL PROFESSIONS CONTAINED IN TITLE  ONE  OF  THIS
 ARTICLE SHALL APPLY TO THIS TITLE.
   §  7601.  PRACTICE  OF PSYCHOLOGY AND USE OF THE TITLE "PSYCHOLOGIST".
 ONLY A PERSON LICENSED OR OTHERWISE AUTHORIZED UNDER THIS TITLE SHALL BE
 AUTHORIZED TO PRACTICE PSYCHOLOGY OR TO USE THE TITLE "PSYCHOLOGIST"  OR
 TO  DESCRIBE  HIS  OR  HER  SERVICES BY USE OF THE WORDS "PSYCHOLOGIST",
 "PSYCHOLOGY", OR "PSYCHOLOGICAL" IN CONNECTION WITH HIS OR HER PRACTICE.
   § 7601-A. DEFINITION OF THE PRACTICE OF PSYCHOLOGY. 1. AS USED IN THIS
 CHAPTER, THE  PRACTICE  OF  "PSYCHOLOGY"  SHALL  MEAN  THE  OBSERVATION,
 DESCRIPTION,  EVALUATION,  INTERPRETATION,  AND MODIFICATION OF BEHAVIOR
 FOR THE PURPOSE OF PREVENTING OR ELIMINATING  SYMPTOMATIC,  MALADAPTIVE,
 OR  UNDESIRED BEHAVIOR; ENHANCING INTERPERSONAL RELATIONSHIPS, PERSONAL,
 GROUP, OR ORGANIZATIONAL EFFECTIVENESS AND WORK AND/OR LIFE  ADJUSTMENT;
 AND  IMPROVING  BEHAVIORAL  HEALTH  AND/OR  MENTAL  HEALTH. THE PRACTICE
 INCLUDES, BUT IS NOT LIMITED TO PSYCHOLOGICAL (INCLUDING NEUROPSYCHOLOG-
 ICAL) TESTING AND COUNSELING; PSYCHOANALYSIS; PSYCHOTHERAPY; THE DIAGNO-
 SIS AND TREATMENT OF MENTAL, NERVOUS, EMOTIONAL,  COGNITIVE,  OR  BEHAV-
 IORAL  DISORDERS,  DISABILITIES,  AILMENTS,  OR  ILLNESSES,  ALCOHOLISM,
 SUBSTANCE USE, DISORDERS OF HABIT OR CONDUCT, THE PSYCHOLOGICAL  ASPECTS
 OF  PHYSICAL  ILLNESS,  ACCIDENT,  INJURY  OR  DISABILITY, PSYCHOLOGICAL
 ASPECTS OF LEARNING (INCLUDING  LEARNING  DISORDERS);  AND  THE  USE  OF
 ACCEPTED CLASSIFICATION SYSTEMS.
   2. AS USED IN THIS TITLE, THE TERM "DIAGNOSIS AND TREATMENT" MEANS THE
 APPROPRIATE  PSYCHOLOGICAL  DIAGNOSIS  AND  THE ORDERING OR PROVIDING OF
 TREATMENT ACCORDING TO NEED.  TREATMENT INCLUDES, BUT IS NOT LIMITED  TO
 COUNSELING,  PSYCHOTHERAPY,  MARITAL  OR FAMILY THERAPY, PSYCHOANALYSIS,
 AND OTHER PSYCHOLOGICAL INTERVENTIONS, INCLUDING VERBAL, BEHAVIORAL,  OR
 OTHER  APPROPRIATE  MEANS  AS  DEFINED IN REGULATIONS PROMULGATED BY THE
 COMMISSIONER.
   § 7602. STATE BOARD FOR PSYCHOLOGY. A STATE BOARD FOR PSYCHOLOGY SHALL
 BE APPOINTED BY THE  COMMISSIONER  FOR  THE  PURPOSE  OF  ASSISTING  THE
 S. 4007--A                         402                        A. 3007--A
 
 DEPARTMENT ON MATTERS OF PROFESSIONAL LICENSING AND PROFESSIONAL CONDUCT
 IN ACCORDANCE WITH SECTION SIXTY-FIVE HUNDRED EIGHT OF THIS ARTICLE. THE
 BOARD  SHALL  BE COMPOSED OF NOT LESS THAN ELEVEN PSYCHOLOGISTS LICENSED
 IN THIS STATE. AN EXECUTIVE SECRETARY TO THE BOARD SHALL BE APPOINTED BY
 THE COMMISSIONER AND SHALL BE A PSYCHOLOGIST, LICENSED IN THIS STATE. AS
 USED  IN THIS TITLE, THE TERM "THE BOARD" SHALL MEAN THE STATE BOARD FOR
 PSYCHOLOGY APPOINTED PURSUANT TO THIS SECTION.
   § 7603. REQUIREMENTS FOR A PROFESSIONAL  LICENSE.  TO  QUALIFY  FOR  A
 LICENSE  AS  A  PSYCHOLOGIST,  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  PSYCHOLOGY,  GRANTED  ON  THE  BASIS  OF  COMPLETION OF A PROGRAM OF
 PSYCHOLOGY REGISTERED WITH THE DEPARTMENT OR THE SUBSTANTIAL  EQUIVALENT
 THEREOF, IN ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS;
   3.  EXPERIENCE:  HAVE TWO YEARS OF SUPERVISED EMPLOYMENT OR ENGAGEMENT
 IN APPROPRIATE PSYCHOLOGY ACTIVITIES SATISFACTORY TO THE  BOARD  AND  IN
 ACCORDANCE  WITH THE COMMISSIONER'S REGULATIONS. SATISFACTORY EXPERIENCE
 OBTAINED IN AN ENTITY OPERATING PURSUANT  TO  A  WAIVER  ISSUED  BY  THE
 DEPARTMENT  PURSUANT TO SECTION SIXTY-FIVE HUNDRED THREE-A OF THIS ARTI-
 CLE MAY BE ACCEPTED BY THE DEPARTMENT, NOTWITHSTANDING THAT SUCH EXPERI-
 ENCE MAY HAVE BEEN OBTAINED PRIOR TO THE EFFECTIVE DATE OF SUCH  SECTION
 SIXTY-FIVE  HUNDRED THREE-A AND/OR PRIOR TO THE ENTITY HAVING OBTAINED A
 WAIVER. THE DEPARTMENT MAY, FOR GOOD CAUSE  SHOWN,  ACCEPT  SATISFACTORY
 EXPERIENCE  THAT WAS OBTAINED IN A SETTING THAT WOULD HAVE BEEN ELIGIBLE
 FOR A WAIVER BUT WHICH HAS NOT OBTAINED A WAIVER WITH THE DEPARTMENT  OR
 EXPERIENCE  THAT  WAS  OBTAINED IN GOOD FAITH BY THE APPLICANT UNDER THE
 BELIEF THAT APPROPRIATE AUTHORIZATION HAD BEEN OBTAINED FOR THE  EXPERI-
 ENCE,  PROVIDED  THAT  SUCH  EXPERIENCE MEETS ALL OTHER REQUIREMENTS FOR
 ACCEPTABLE EXPERIENCE;
   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. CITIZENSHIP: MEET NO REQUIREMENT AS TO UNITED STATES CITIZENSHIP;
   7.  CHARACTER: BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE DEPART-
 MENT; AND
   8. FEES: PAY A FEE OF ONE HUNDRED SEVENTY DOLLARS  TO  THE  DEPARTMENT
 FOR  ADMISSION  TO A DEPARTMENT-CONDUCTED EXAMINATION AND FOR AN INITIAL
 LICENSE, A FEE OF EIGHTY-FIVE DOLLARS FOR EACH REEXAMINATION, A  FEE  OF
 ONE  HUNDRED  FIFTEEN  DOLLARS  FOR  AN  INITIAL LICENSE FOR PERSONS NOT
 REQUIRING ADMISSION TO A DEPARTMENT-CONDUCTED EXAMINATION, AND A FEE  OF
 ONE HUNDRED FIFTY-FIVE DOLLARS FOR EACH TRIENNIAL REGISTRATION PERIOD.
   §  7604.  LIMITED  PERMITS.  1.  ON  RECOMMENDATION  OF THE BOARD, THE
 DEPARTMENT MAY ISSUE A LIMITED PERMIT TO PRACTICE AS PSYCHOLOGIST TO  AN
 APPLICANT HOLDING A CERTIFICATE OR LICENSE TO PRACTICE PSYCHOLOGY ISSUED
 BY ANOTHER STATE OR COUNTRY, AND WHOSE QUALIFICATIONS HAVE BEEN APPROVED
 FOR  ADMISSION  TO THE EXAMINATION FOR A LICENSE AS PSYCHOLOGIST AND WHO
 HAS RESIDED IN THIS STATE FOR A PERIOD OF NOT MORE THAN SIX MONTHS PRIOR
 TO THE FILING OF SUCH APPLICATION. SUCH LIMITED PERMIT  SHALL  BE  VALID
 FOR  A  PERIOD  OF  NOT MORE THAN TWELVE MONTHS, OR UNTIL TEN DAYS AFTER
 NOTIFICATION TO THE APPLICANT OF FAILURE OF THE  PROFESSIONAL  LICENSING
 EXAMINATION,  OR  UNTIL THE RESULTS OF A LICENSING EXAMINATION FOR WHICH
 THE APPLICANT IS  ELIGIBLE  ARE  OFFICIALLY  RELEASED,  WHICHEVER  COMES
 FIRST.
   2.  ON  THE  RECOMMENDATION  OF  THE BOARD, THE DEPARTMENT MAY ISSUE A
 LIMITED PERMIT VALID FOR AN AGGREGATE OF THREE YEARS TO A PERSON WHO HAS
 S. 4007--A                         403                        A. 3007--A
 
 COMPLETED THE DOCTORAL DISSERTATION AND OTHER DOCTORAL  DEGREE  REQUIRE-
 MENTS  AND  IS  GAINING  SUPERVISED  EXPERIENCE  TO  MEET THE EXPERIENCE
 REQUIREMENTS FOR LICENSURE. SUCH PERMIT MAY BE RE-ISSUED FOR  A  MAXIMUM
 PERIOD OF ONE YEAR FOR GOOD CAUSE, AS DETERMINED BY THE DEPARTMENT.
   3. FEES. THE FEE FOR EACH LIMITED PERMIT SHALL BE SEVENTY DOLLARS.
   §  7605.  EXEMPT  PERSONS. NOTHING IN THIS TITLE SHALL BE CONSTRUED TO
 AFFECT OR PREVENT:
   1. THE ACTIVITIES, SERVICES, AND USE OF THE TITLE OF PSYCHOLOGIST,  OR
 ANY  DERIVATION  THEREOF,  ON  THE  PART  OF A PERSON IN THE EMPLOY OF A
 FEDERAL, STATE, COUNTY OR MUNICIPAL AGENCY, OR OTHER POLITICAL  SUBDIVI-
 SION,  OR  A CHARTERED ELEMENTARY OR SECONDARY SCHOOL OR DEGREE-GRANTING
 EDUCATIONAL INSTITUTION INSOFAR AS SUCH ACTIVITIES AND  SERVICES  ARE  A
 PART  OF THE DUTIES OF HIS OR HER SALARIED POSITION; OR ON THE PART OF A
 PERSON IN THE EMPLOY AS A CERTIFIED SCHOOL PSYCHOLOGIST ON  A  FULL-TIME
 OR  PART-TIME  SALARY  BASIS, WHICH MAY INCLUDE ON AN HOURLY, WEEKLY, OR
 MONTHLY BASIS, OR ON A FEE FOR EVALUATION SERVICES BASIS  PROVIDED  THAT
 SUCH  PERSON  EMPLOYED AS A CERTIFIED SCHOOL PSYCHOLOGIST IS EMPLOYED BY
 AND UNDER THE DOMINION AND CONTROL  OF  A  PRESCHOOL  SPECIAL  EDUCATION
 PROGRAM APPROVED PURSUANT TO PARAGRAPH B OF SUBDIVISION NINE OR SUBDIVI-
 SION  NINE-A  OF  SECTION FORTY-FOUR HUNDRED TEN OF THE EDUCATION LAW TO
 PROVIDE ACTIVITIES, SERVICES AND TO  USE  THE  TITLE  "CERTIFIED  SCHOOL
 PSYCHOLOGIST",  SO LONG AS THIS SHALL NOT BE CONSTRUED TO PERMIT THE USE
 OF THE TITLE "LICENSED  PSYCHOLOGIST",  TO  STUDENTS  ENROLLED  IN  SUCH
 APPROVED  PROGRAM  OR  TO  CONDUCT  A  MULTIDISCIPLINARY EVALUATION OF A
 PRESCHOOL CHILD HAVING OR SUSPECTED OF HAVING A DISABILITY;  OR  ON  THE
 PART  OF  A PERSON IN THE EMPLOY AS A CERTIFIED SCHOOL PSYCHOLOGIST ON A
 FULL-TIME OR PART-TIME SALARY BASIS, WHICH MAY  INCLUDE  ON  AN  HOURLY,
 WEEKLY  OR  MONTHLY  BASIS,  OR  ON  A FEE FOR EVALUATION SERVICES BASIS
 PROVIDED THAT SUCH PERSON EMPLOYED AS A CERTIFIED SCHOOL PSYCHOLOGIST IS
 EMPLOYED BY AND UNDER THE DOMINION AND CONTROL OF AN AGENCY APPROVED  IN
 ACCORDANCE  WITH  TITLE  TWO-A OF ARTICLE TWENTY-FIVE OF THIS CHAPTER TO
 DELIVER  EARLY  INTERVENTION  PROGRAM   MULTIDISCIPLINARY   EVALUATIONS,
 SERVICE  COORDINATION  SERVICES AND EARLY INTERVENTION PROGRAM SERVICES,
 EACH IN THE COURSE OF THEIR EMPLOYMENT.   NOTHING  IN  THIS  SUBDIVISION
 SHALL BE CONSTRUED TO AUTHORIZE A CERTIFIED SCHOOL PSYCHOLOGIST OR GROUP
 OF  SUCH SCHOOL PSYCHOLOGISTS TO ENGAGE IN INDEPENDENT PRACTICE OR PRAC-
 TICE OUTSIDE OF AN EMPLOYMENT RELATIONSHIP.
   2. THE ACTIVITIES AND SERVICES REQUIRED OF A STUDENT, INTERN, OR RESI-
 DENT IN PSYCHOLOGY, PURSUING A COURSE OF STUDY  LEADING  TO  A  DOCTORAL
 DEGREE  IN  PSYCHOLOGY  IN  AN  INSTITUTION  APPROVED BY THE DEPARTMENT,
 PROVIDED THAT SUCH ACTIVITIES AND SERVICES CONSTITUTE A PART OF  HIS  OR
 HER  SUPERVISED  COURSE  OF  STUDY  IN PSYCHOLOGY. SUCH PERSONS SHALL BE
 DESIGNATED BY THE TITLES "PSYCHOLOGICAL INTERN",  "PSYCHOLOGICAL  TRAIN-
 EE",  OR  OTHER  SUCH  TITLE WHICH CLEARLY INDICATES HIS OR HER TRAINING
 STATUS.
   3. THE  PRACTICE,  CONDUCT,  ACTIVITIES  OR  SERVICES  BY  ANY  PERSON
 LICENSED  OR  OTHERWISE AUTHORIZED TO PRACTICE MEDICINE WITHIN THE STATE
 PURSUANT TO TITLE TWO OF THIS ARTICLE OR BY  ANY  PERSON  REGISTERED  TO
 PERFORM  SERVICES  AS A PHYSICIAN ASSISTANT WITHIN THE STATE PURSUANT TO
 TITLE THREE OF THIS ARTICLE.
   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
 TITLE  TWELVE  OF  THIS  ARTICLE  OR BY ANY PERSON LICENSED OR OTHERWISE
 AUTHORIZED TO PRACTICE SOCIAL WORK WITHIN THE STATE  PURSUANT  TO  TITLE
 EIGHTEEN OF THIS ARTICLE, OR BY ANY PERSON LICENSED OR OTHERWISE AUTHOR-
 S. 4007--A                         404                        A. 3007--A
 
 IZED  TO PRACTICE MENTAL HEALTH COUNSELING, MARRIAGE AND FAMILY THERAPY,
 CREATIVE ARTS THERAPY, OR PSYCHOANALYSIS WITHIN THE  STATE  PURSUANT  TO
 TITLE  TWENTY-FIVE  OF THIS ARTICLE, OR ANY PERSON LICENSED OR OTHERWISE
 AUTHORIZED TO PRACTICE APPLIED BEHAVIOR ANALYSIS WITHIN THE STATE PURSU-
 ANT  TO  TITLE  TWENTY-NINE  OF  THIS  ARTICLE  OR ANY INDIVIDUAL WHO IS
 CREDENTIALED UNDER ANY LAW, INCLUDING ATTORNEYS, RAPE CRISIS COUNSELORS,
 CERTIFIED ALCOHOLISM COUNSELORS, AND CERTIFIED SUBSTANCE  ABUSE  COUNSE-
 LORS  FROM  PROVIDING  MENTAL  HEALTH  SERVICES  WITHIN THEIR RESPECTIVE
 ESTABLISHED AUTHORITIES.
   5. THE CONDUCT, ACTIVITIES, OR SERVICES OF ANY MEMBER OF THE CLERGY OR
 CHRISTIAN SCIENCE PRACTITIONER, IN THE PROVISION OF PASTORAL  COUNSELING
 SERVICES  WITHIN  THE  CONTEXT OF HIS OR HER MINISTERIAL CHARGE OR OBLI-
 GATION.
   6. 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.
   7. THE PRACTICE, CONDUCT, ACTIVITIES, OR SERVICES OF  AN  OCCUPATIONAL
 THERAPIST  FROM  PERFORMING  WORK  CONSISTENT  WITH TITLE TWENTY OF THIS
 ARTICLE.
   8. THE REPRESENTATION AS A PSYCHOLOGIST AND THE RENDERING OF  SERVICES
 AS  SUCH  IN  THIS  STATE FOR A TEMPORARY PERIOD OF A PERSON WHO RESIDES
 OUTSIDE THE STATE OF NEW YORK AND WHO ENGAGES IN PRACTICE AS A  PSYCHOL-
 OGIST AND CONDUCTS THE MAJOR PART OF HIS OR HER PRACTICE AS SUCH OUTSIDE
 THIS  STATE, PROVIDED SUCH PERSON HAS FILED WITH THE DEPARTMENT EVIDENCE
 THAT HE OR SHE HAS BEEN LICENSED OR CERTIFIED IN ANOTHER  STATE  OR  HAS
 BEEN  ADMITTED  TO  THE  EXAMINATION  IN  THIS STATE PURSUANT TO SECTION
 SEVENTY-SIX HUNDRED THREE OF THIS TITLE.   SUCH TEMPORARY  PERIOD  SHALL
 NOT EXCEED TEN CONSECUTIVE BUSINESS DAYS IN ANY PERIOD OF NINETY CONSEC-
 UTIVE DAYS OR IN THE AGGREGATE EXCEED MORE THAN FIFTEEN BUSINESS DAYS IN
 ANY SUCH NINETY-DAY PERIOD.
   9.  THE  PROVISION  OF  PSYCHOTHERAPY AS DEFINED IN SUBDIVISION TWO OF
 SECTION EIGHTY-FOUR HUNDRED ONE OF THIS ARTICLE TO THE EXTENT  PERMISSI-
 BLE  WITHIN  THE  SCOPE OF PRACTICE OF PSYCHOLOGY, BY ANY NOT-FOR-PROFIT
 CORPORATION OR EDUCATION CORPORATION PROVIDING SERVICES WITHIN THE STATE
 OF NEW YORK AND OPERATING UNDER A WAIVER PURSUANT TO SECTION  SIXTY-FIVE
 HUNDRED  THREE-A  OF  THIS ARTICLE, PROVIDED THAT SUCH ENTITIES OFFERING
 PSYCHOLOGY SERVICES SHALL ONLY PROVIDE SUCH SERVICES THROUGH AN INDIVID-
 UAL APPROPRIATELY LICENSED  OR  OTHERWISE  AUTHORIZED  TO  PROVIDE  SUCH
 SERVICES  OR  A  PROFESSIONAL  ENTITY  AUTHORIZED BY LAW TO PROVIDE SUCH
 SERVICES.
   10. A. A PERSON WITHOUT A LICENSE FROM: PERFORMING ASSESSMENTS INCLUD-
 ING BUT NOT LIMITED TO BASIC INFORMATION COLLECTION, GATHERING OF  DEMO-
 GRAPHIC DATA, AND INFORMAL OBSERVATIONS, SCREENING AND REFERRAL USED FOR
 GENERAL  ELIGIBILITY  FOR A PROGRAM OR SERVICE AND DETERMINING THE FUNC-
 TIONAL STATUS OF AN INDIVIDUAL FOR THE PURPOSE OF DETERMINING  NEED  FOR
 SERVICES; ADVISING INDIVIDUALS REGARDING THE APPROPRIATENESS OF BENEFITS
 THEY ARE ELIGIBLE FOR; PROVIDING GENERAL ADVICE AND GUIDANCE AND ASSIST-
 ING  INDIVIDUALS  OR  GROUPS  WITH DIFFICULT DAY-TO-DAY PROBLEMS SUCH AS
 FINDING EMPLOYMENT,  LOCATING  SOURCES  OF  ASSISTANCE,  AND  ORGANIZING
 COMMUNITY GROUPS TO WORK ON A SPECIFIC PROBLEM; PROVIDING PEER SERVICES;
 SELECTING  FOR  SUITABILITY  AND  PROVIDING  SUBSTANCE  ABUSE  TREATMENT
 SERVICES OR GROUP RE-ENTRY SERVICES TO INCARCERATED INDIVIDUALS IN STATE
 CORRECTIONAL FACILITIES; OR PROVIDING SUBSTANCE ABUSE TREATMENT SERVICES
 OR RE-ENTRY SERVICES TO INCARCERATED INDIVIDUALS IN  LOCAL  CORRECTIONAL
 FACILITIES.
 S. 4007--A                         405                        A. 3007--A
 
   B.  A PERSON WITHOUT A LICENSE FROM CREATING, DEVELOPING OR IMPLEMENT-
 ING A SERVICE PLAN OR RECOVERY PLAN THAT  IS  NOT  A  BEHAVIORAL  HEALTH
 DIAGNOSIS  OR  TREATMENT  PLAN.  SUCH  SERVICE  OR  RECOVERY PLANS SHALL
 INCLUDE, BUT ARE NOT LIMITED TO, COORDINATING, EVALUATING OR DETERMINING
 THE  NEED FOR, OR THE PROVISION OF THE FOLLOWING SERVICES:  JOB TRAINING
 AND EMPLOYABILITY; HOUSING; HOMELESS SERVICES AND SHELTERS FOR  HOMELESS
 INDIVIDUALS AND FAMILIES; REFUGEE SERVICES; RESIDENTIAL, DAY OR COMMUNI-
 TY  HABILITATION  SERVICES;  GENERAL PUBLIC ASSISTANCE; IN-HOME SERVICES
 AND SUPPORTS OR HOME-DELIVERED MEALS; RECOVERY SUPPORTS; ADULT OR  CHILD
 PROTECTIVE  SERVICES  INCLUDING  INVESTIGATIONS; DETENTION AS DEFINED IN
 SECTION FIVE HUNDRED TWO OF THE EXECUTIVE LAW; PREVENTION  AND  RESIDEN-
 TIAL SERVICES FOR VICTIMS OF DOMESTIC VIOLENCE; SERVICES FOR RUNAWAY AND
 HOMELESS  YOUTH;  FOSTER CARE, ADOPTION, PREVENTIVE SERVICES OR SERVICES
 IN ACCORDANCE WITH AN APPROVED PLAN PURSUANT  TO  SECTION  FOUR  HUNDRED
 FOUR  OF  THE  SOCIAL  SERVICES LAW, INCLUDING, ADOPTION AND FOSTER HOME
 STUDIES AND ASSESSMENTS, FAMILY SERVICE PLANS, TRANSITION PLANS, PERMAN-
 ENCY PLANNING ACTIVITIES, AND CASE PLANNING OR CASE MANAGEMENT  AS  SUCH
 TERMS ARE DEFINED IN THE REGULATIONS OF THE OFFICE OF CHILDREN AND FAMI-
 LY  SERVICES;  RESIDENTIAL  REHABILITATION;  HOME  AND  COMMUNITY  BASED
 SERVICES; AND DE-ESCALATION TECHNIQUES, PEER SERVICES OR SKILL  DEVELOP-
 MENT.
   C.  (I) A PERSON WITHOUT A LICENSE FROM PARTICIPATING AS A MEMBER OF A
 MULTI-DISCIPLINARY TEAM TO ASSIST IN THE DEVELOPMENT OF  OR  IMPLEMENTA-
 TION  OF  A  BEHAVIORAL HEALTH SERVICES OR TREATMENT PLAN; PROVIDED THAT
 SUCH TEAM SHALL INCLUDE ONE OR MORE PROFESSIONALS  LICENSED  UNDER  THIS
 TITLE  OR  TITLES  TWO, TWELVE, EIGHTEEN OR TWENTY-FIVE OF THIS ARTICLE;
 AND PROVIDED, FURTHER, THAT THE ACTIVITIES PERFORMED BY MEMBERS  OF  THE
 TEAM SHALL BE CONSISTENT WITH THE SCOPE OF PRACTICE FOR EACH TEAM MEMBER
 LICENSED  OR AUTHORIZED UNDER TITLE EIGHT OF THIS ARTICLE, AND THOSE WHO
 ARE NOT SO AUTHORIZED MAY NOT ENGAGE IN THE FOLLOWING  RESTRICTED  PRAC-
 TICES:  THE  DIAGNOSIS  OF  MENTAL, EMOTIONAL, BEHAVIORAL, ADDICTIVE AND
 DEVELOPMENTAL DISORDERS AND DISABILITIES; PATIENT ASSESSMENT AND  EVALU-
 ATING;  THE  PROVISION  OF PSYCHOTHERAPEUTIC TREATMENT; THE PROVISION OF
 TREATMENT  OTHER  THAN  PSYCHOTHERAPEUTIC  TREATMENT;  OR  INDEPENDENTLY
 DEVELOPING  AND IMPLEMENTING ASSESSMENT-BASED TREATMENT PLANS AS DEFINED
 IN SECTION SEVENTY-SEVEN HUNDRED ONE OF THIS ARTICLE.
   (II) FOR THE PURPOSES OF THIS PARAGRAPH, "ASSIST" SHALL  INCLUDE,  BUT
 NOT  BE LIMITED TO, THE PROVISION OR PERFORMANCE OF THE FOLLOWING TASKS,
 SERVICES, OR FUNCTIONS BY AN INDIVIDUAL WHO HAS  OBTAINED  THE  TRAINING
 AND  EXPERIENCE  REQUIRED  BY  THE  APPLICABLE STATE OVERSIGHT AGENCY TO
 PERFORM SUCH TASK, SERVICE OR FUNCTION IN FACILITIES OR PROGRAMS OPERAT-
 ING PURSUANT TO ARTICLE NINETEEN-G OF THE EXECUTIVE LAW; ARTICLES SEVEN,
 SIXTEEN, THIRTY-ONE OR THIRTY-TWO OF THE MENTAL HYGIENE  LAW;  OR  TITLE
 THREE OF ARTICLE SEVEN OF THE SOCIAL SERVICES LAW:
   (1)  HELPING  AN  INDIVIDUAL WITH THE COMPLETION OF FORMS OR QUESTION-
 NAIRES;
   (2) REVIEWING EXISTING CASE RECORDS AND COLLECTING BACKGROUND INFORMA-
 TION ABOUT AN INDIVIDUAL WHICH MAY BE USED BY THE LICENSED  PROFESSIONAL
 OR MULTI-DISCIPLINARY TEAM;
   (3)  GATHERING  AND  REPORTING  INFORMATION  ABOUT PREVIOUS BEHAVIORAL
 HEALTH INTERVENTIONS, HOSPITALIZATIONS, DOCUMENTED DIAGNOSIS,  OR  PRIOR
 TREATMENT FOR REVIEW BY THE LICENSED PROFESSIONAL AND MULTI-DISCIPLINARY
 TEAM;
   (4)  DISCUSSING  WITH  THE  INDIVIDUAL  HIS  OR  HER SITUATION, NEEDS,
 CONCERNS, AND THOUGHTS IN ORDER TO HELP IDENTIFY SERVICES  THAT  SUPPORT
 THE INDIVIDUAL'S GOALS, INDEPENDENCE, AND QUALITY OF LIFE;
 S. 4007--A                         406                        A. 3007--A
 
   (5)  PROVIDING  ADVICE, INFORMATION, AND ASSISTANCE TO INDIVIDUALS AND
 FAMILY MEMBERS TO IDENTIFY NEEDS AND AVAILABLE RESOURCES IN THE COMMUNI-
 TY TO HELP MEET THE NEEDS OF THE INDIVIDUAL OR FAMILY MEMBER;
   (6)  ENGAGING  IN IMMEDIATE AND LONG-TERM PROBLEM SOLVING, ENGAGING IN
 THE DEVELOPMENT OF SOCIAL SKILLS, OR PROVIDING  GENERAL  HELP  IN  AREAS
 INCLUDING,  BUT NOT LIMITED TO, HOUSING, EMPLOYMENT, CHILD CARE, PARENT-
 ING, COMMUNITY-BASED SERVICES, AND FINANCES;
   (7) DISTRIBUTING PAPER COPIES OF SELF-ADMINISTERED TESTS FOR THE INDI-
 VIDUAL TO COMPLETE WHEN SUCH TESTS DO NOT REQUIRE  THE  OBSERVATION  AND
 JUDGMENT OF A LICENSED PROFESSIONAL;
   (8)  MONITORING TREATMENT BY THE COLLECTION OF WRITTEN AND/OR OBSERVA-
 TIONAL DATA IN ACCORDANCE WITH THE TREATMENT PLAN AND  PROVIDING  VERBAL
 OR WRITTEN REPORTS TO THE MULTI-DISCIPLINARY TEAM;
   (9) IDENTIFYING GAPS IN SERVICES AND COORDINATING ACCESS TO OR ARRANG-
 ING   SERVICES  FOR  INDIVIDUALS  SUCH  AS  HOME  CARE,  COMMUNITY-BASED
 SERVICES, HOUSING, EMPLOYMENT, TRANSPORTATION,  CHILD  CARE,  VOCATIONAL
 TRAINING, OR HEALTH CARE;
   (10)  OFFERING  EDUCATION  PROGRAMS  THAT  PROVIDE  INFORMATION  ABOUT
 DISEASE IDENTIFICATION AND RECOMMENDED TREATMENTS THAT MAY BE  PROVIDED,
 AND HOW TO ACCESS SUCH TREATMENT;
   (11)  REPORTING  ON  BEHAVIOR,  ACTIONS, AND RESPONSES TO TREATMENT BY
 COLLECTING WRITTEN AND/OR OBSERVATIONAL DATA AS PART OF  A  MULTI-DISCI-
 PLINARY TEAM;
   (12) USING DE-ESCALATION TECHNIQUES CONSISTENT WITH APPROPRIATE TRAIN-
 ING;
   (13)  PERFORMING  ASSESSMENTS USING STANDARDIZED, STRUCTURED INTERVIEW
 TOOLS OR INSTRUMENTS;
   (14) DIRECTLY DELIVERING SERVICES OUTLINED IN THE  SERVICE  PLAN  THAT
 ARE NOT CLINICAL IN NATURE BUT HAVE BEEN TAILORED TO AN INDIVIDUAL BASED
 ON  ANY  DIAGNOSES  SUCH  INDIVIDUAL  MAY  HAVE RECEIVED FROM A LICENSED
 PROFESSIONAL; AND
   (15) ADVOCATING WITH EDUCATIONAL, JUDICIAL OR OTHER SYSTEMS TO PROTECT
 AN INDIVIDUAL'S RIGHTS AND ACCESS TO APPROPRIATE SERVICES.
   D. PROVIDED, FURTHER,  THAT  NOTHING  IN  THIS  SUBDIVISION  SHALL  BE
 CONSTRUED AS REQUIRING A LICENSE FOR ANY PARTICULAR ACTIVITY OR FUNCTION
 BASED  SOLELY ON THE FACT THAT THE ACTIVITY OR FUNCTION IS NOT LISTED IN
 THIS SUBDIVISION.
   11. A. THE CONDUCT, ACTIVITIES, OR SERVICES OF A TECHNICIAN TO  ADMIN-
 ISTER AND SCORE STANDARDIZED OBJECTIVE (NON-PROJECTIVE) PSYCHOLOGICAL OR
 NEUROPSYCHOLOGICAL TESTS THAT HAVE SPECIFIC PREDETERMINED AND MANUALIZED
 ADMINISTRATIVE  PROCEDURES  WHICH  ENTAIL  OBSERVING AND DESCRIBING TEST
 BEHAVIOR AND TEST RESPONSES, AND WHICH DO NOT REQUIRE EVALUATION, INTER-
 PRETATION OR OTHER JUDGMENTS; PROVIDED, HOWEVER,  THAT  SUCH  TECHNICIAN
 SHALL:
   (I)  HOLD  NO LESS THAN A BACHELOR'S DEGREE IN PSYCHOLOGY OR A RELATED
 FIELD;
   (II) UNDERGO A PROCESS OF REGULAR TRAINING BY A LICENSED PSYCHOLOGIST,
 WHICH SHALL INCLUDE, BUT NOT BE LIMITED TO A  MINIMUM  OF  EIGHTY  TOTAL
 HOURS OF (1) PROFESSIONAL ETHICS, (2) STUDYING AND MASTERING INFORMATION
 FROM TEST MANUALS, AND (3) DIRECT OBSERVATION OF A LICENSED PSYCHOLOGIST
 OR  TRAINED TECHNICIAN ADMINISTERING AND SCORING TESTS, IN ADDITION TO A
 MINIMUM OF FORTY TOTAL HOURS OF ADMINISTERING AND SCORING TESTS  IN  THE
 PRESENCE OF A LICENSED PSYCHOLOGIST OR TRAINED TECHNICIAN, PROVIDED SUCH
 INTERACTION  WITH  THE  LICENSED  PSYCHOLOGIST  EQUALS  OR EXCEEDS FIFTY
 PERCENT OF THE TOTAL TRAINING TIME;
 S. 4007--A                         407                        A. 3007--A
 
   (III) BE UNDER THE  DIRECT  AND  ONGOING  SUPERVISION  OF  A  LICENSED
 PSYCHOLOGIST  IN  NO  GREATER THAN A THREE-TO-ONE RATIO OR THE PART TIME
 EQUIVALENT THERETO;
   (IV) NOT BE EMPLOYED WITHIN A SCHOOL SETTING; AND
   (V)  NOT SELECT TESTS, ANALYZE PATIENT DATA, OR COMMUNICATE RESULTS TO
 PATIENTS.
   B. THE SUPERVISING LICENSED PSYCHOLOGIST MUST SUBMIT,  PURSUANT  TO  A
 FORM  TO BE PRESCRIBED AND DEVELOPED WITHIN NINETY DAYS OF THE EFFECTIVE
 DATE OF THIS SUBDIVISION BY THE DEPARTMENT, A SWORN STATEMENT  DETAILING
 COMPLIANCE WITH THE ABOVE REQUIREMENTS.  THE LICENSED PSYCHOLOGIST'S USE
 OF  SUCH  INDIVIDUAL  PURSUANT TO THE TERMS OF THIS SUBDIVISION SHALL BE
 UNDERTAKEN ONLY WITH SPECIAL CARE AND PROFESSIONAL JUDGMENT IN ORDER  TO
 ENSURE THE SAFETY AND WELL-BEING OF THE PATIENT CONSIDERING THE SEVERITY
 OF  THE  SYMPTOMS, THE AGE OF THE PATIENT AND THE LENGTH OF THE EXAMINA-
 TION PROCESS, AND SHALL INCLUDE APPROPRIATE  ONGOING  CONTACT  WITH  THE
 LICENSED  PSYCHOLOGIST  AT  APPROPRIATE  INTERVALS.  SUCH  USE  SHALL BE
 SUBJECT TO THE FULL DISCIPLINARY AND REGULATORY AUTHORITY OF THE DEPART-
 MENT PURSUANT TO THIS TITLE. THE LICENSED PSYCHOLOGIST SHALL NOTIFY  THE
 PATIENT  OR  DESIGNATED HEALTH CARE SURROGATE THAT THE LICENSED PSYCHOL-
 OGIST MAY UTILIZE THE SERVICES OF A  TECHNICIAN  TO  ADMINISTER  CERTAIN
 EXAMS, AND SHALL PROVIDE THE PATIENT OR DESIGNATED HEALTH CARE SURROGATE
 THE OPPORTUNITY TO OBJECT TO THE LICENSED PSYCHOLOGIST'S PLAN TO UTILIZE
 A TECHNICIAN.
   12.  NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, NOTH-
 ING IN THIS TITLE SHALL BE CONSTRUED TO PROHIBIT OR LIMIT THE ACTIVITIES
 OR SERVICES PROVIDED UNDER THIS TITLE BY ANY PERSON WHO IS  EMPLOYED  OR
 WHO  COMMENCES  EMPLOYMENT  IN A PROGRAM OR SERVICE OPERATED, REGULATED,
 FUNDED, OR APPROVED BY THE DEPARTMENT OF MENTAL HYGIENE, THE  OFFICE  OF
 CHILDREN  AND FAMILY SERVICES, OR A LOCAL GOVERNMENTAL UNIT AS THAT TERM
 IS DEFINED IN SECTION 41.03 OF  THE  MENTAL  HYGIENE  LAW  OR  A  SOCIAL
 SERVICES DISTRICT AS DEFINED IN SECTION SIXTY-ONE OF THE SOCIAL SERVICES
 LAW  ON OR BEFORE TWO YEARS FROM THE DATE THAT THE REGULATIONS ISSUED IN
 ACCORDANCE WITH SECTION SIX OF PART Y OF CHAPTER FIFTY-SEVEN OF THE LAWS
 OF TWO THOUSAND EIGHTEEN APPEAR IN THE STATE REGISTER  OR  ARE  ADOPTED,
 WHICHEVER  IS LATER. SUCH PROHIBITIONS OR LIMITATIONS SHALL NOT APPLY TO
 SUCH EMPLOYEES FOR AS LONG AS THEY REMAIN EMPLOYED BY SUCH  PROGRAMS  OR
 SERVICES AND WHETHER THEY REMAIN EMPLOYED BY THE SAME OR OTHER EMPLOYERS
 PROVIDING  SUCH PROGRAMS OR SERVICES. PROVIDED, HOWEVER, THAT ANY PERSON
 WHO COMMENCES EMPLOYMENT IN SUCH PROGRAM OR SERVICE AFTER SUCH DATE  AND
 PERFORMS  SERVICES  THAT ARE RESTRICTED UNDER THIS TITLE SHALL BE APPRO-
 PRIATELY LICENSED OR AUTHORIZED UNDER THIS TITLE. EACH  STATE  OVERSIGHT
 AGENCY  SHALL CREATE AND MAINTAIN A PROCESS TO VERIFY EMPLOYMENT HISTORY
 OF INDIVIDUALS EXEMPT UNDER THIS SUBDIVISION.
   13. THE ACTIVITIES OR SERVICES PROVIDED BY A PERSON  WITH  A  MASTER'S
 LEVEL  DEGREE  IN PSYCHOLOGY OR ITS EQUIVALENT, WORKING UNDER THE SUPER-
 VISION OF A LICENSED PSYCHOLOGIST IN  A  PROGRAM  OR  SERVICE  OPERATED,
 REGULATED,  FUNDED, OR APPROVED BY THE DEPARTMENT OF MENTAL HYGIENE, THE
 OFFICE OF CHILDREN AND FAMILY SERVICES, OR A LOCAL  GOVERNMENT  UNIT  AS
 SUCH  TERM  IS  DEFINED  IN SECTION 41.03 OF THE MENTAL HYGIENE LAW OR A
 SOCIAL SERVICES DISTRICT AS DEFINED IN SECTION SIXTY-ONE OF  THE  SOCIAL
 SERVICES LAW.
   §  7606.  PROHIBITIONS.  ANY  INDIVIDUAL WHOSE LICENSE OR AUTHORITY TO
 PRACTICE DERIVES FROM THE PROVISIONS OF THIS TITLE SHALL  BE  PROHIBITED
 FROM:
 S. 4007--A                         408                        A. 3007--A
 
   1.  PRESCRIBING OR ADMINISTERING DRUGS AS DEFINED IN THIS CHAPTER AS A
 TREATMENT, THERAPY, OR PROFESSIONAL SERVICE IN THE PRACTICE  OF  HIS  OR
 HER PROFESSION; OR
   2.  USING INVASIVE PROCEDURES AS A TREATMENT, THERAPY, OR PROFESSIONAL
 SERVICE IN THE PRACTICE OF HIS OR HER PROFESSION. FOR PURPOSES  OF  THIS
 SUBDIVISION,  "INVASIVE  PROCEDURE"  MEANS  ANY PROCEDURE IN WHICH HUMAN
 TISSUE IS CUT, ALTERED, OR OTHERWISE INFILTRATED BY MECHANICAL OR  OTHER
 MEANS.  INVASIVE PROCEDURE INCLUDES SURGERY, LASERS, IONIZING RADIATION,
 THERAPEUTIC ULTRASOUND, OR ELECTROCONVULSIVE THERAPY.
   § 7607.  MANDATORY  CONTINUING  EDUCATION.  1.  A.  EACH  PSYCHOLOGIST
 REQUIRED UNDER THIS TITLE TO REGISTER TRIENNIALLY WITH THE DEPARTMENT TO
 PRACTICE  IN  THIS STATE, SHALL COMPLY WITH THE PROVISIONS FOR MANDATORY
 CONTINUING EDUCATION PRESCRIBED IN  SUBDIVISION  TWO  OF  THIS  SECTION,
 EXCEPT AS SET FORTH IN PARAGRAPHS B AND C OF THIS SUBDIVISION.  PSYCHOL-
 OGISTS  WHO  DO  NOT SATISFY THE MANDATORY CONTINUING EDUCATION REQUIRE-
 MENTS SHALL NOT PRACTICE UNTIL THEY HAVE MET SUCH REQUIREMENTS AND  THEY
 HAVE  BEEN ISSUED A REGISTRATION CERTIFICATE, EXCEPT THAT A PSYCHOLOGIST
 MAY PRACTICE WITHOUT HAVING MET SUCH REQUIREMENTS IF HE OR SHE IS ISSUED
 A CONDITIONAL REGISTRATION CERTIFICATE PURSUANT TO SUBDIVISION THREE  OF
 THIS SECTION.
   B.  EACH  PSYCHOLOGIST  SHALL  BE EXEMPT FROM THE MANDATORY CONTINUING
 EDUCATION REQUIREMENTS FOR  THE  TRIENNIAL  REGISTRATION  PERIOD  DURING
 WHICH  THEY  ARE  FIRST  LICENSED. IN ACCORDANCE WITH THE INTENT OF THIS
 SECTION, ADJUSTMENT TO THE MANDATORY  CONTINUING  EDUCATION  REQUIREMENT
 MAY  BE  GRANTED BY THE DEPARTMENT FOR REASONS OF HEALTH THAT ARE CERTI-
 FIED BY AN APPROPRIATE HEALTH CARE  PROFESSIONAL,  FOR  EXTENDED  ACTIVE
 DUTY WITH THE ARMED FORCES OF THE UNITED STATES, OR FOR OTHER GOOD CAUSE
 ACCEPTABLE TO THE DEPARTMENT WHICH MAY PREVENT COMPLIANCE.
   C.  A  PSYCHOLOGIST  NOT  ENGAGED  IN  PRACTICE,  AS DETERMINED BY THE
 DEPARTMENT, SHALL BE EXEMPT  FROM  THE  MANDATORY  CONTINUING  EDUCATION
 REQUIREMENT UPON THE FILING OF A STATEMENT WITH THE DEPARTMENT DECLARING
 SUCH  STATUS.  ANY  LICENSEE  WHO  RETURNS TO THE PRACTICE OF PSYCHOLOGY
 DURING THE TRIENNIAL REGISTRATION PERIOD  SHALL  NOTIFY  THE  DEPARTMENT
 PRIOR TO REENTERING THE PROFESSION AND SHALL MEET SUCH CONTINUING EDUCA-
 TION  REQUIREMENTS  AS SHALL BE PRESCRIBED BY REGULATIONS OF THE COMMIS-
 SIONER.
   2. DURING EACH TRIENNIAL REGISTRATION PERIOD, AN APPLICANT FOR  REGIS-
 TRATION  AS  A PSYCHOLOGIST SHALL COMPLETE A MINIMUM OF THIRTY-SIX HOURS
 OF ACCEPTABLE LEARNING ACTIVITIES, A MINIMUM OF  THREE  HOURS  OF  WHICH
 SHALL  BE  COURSE WORK IN THE AREA OF PROFESSIONAL ETHICS, INCLUDING THE
 LAWS, RULES AND REGULATIONS FOR PRACTICE IN NEW YORK.  ANY  PSYCHOLOGIST
 WHOSE  FIRST  REGISTRATION  DATE  FOLLOWING  THE  EFFECTIVE DATE OF THIS
 SECTION OCCURS LESS THAN THREE YEARS FROM SUCH EFFECTIVE DATE, BUT ON OR
 AFTER JANUARY FIRST, TWO THOUSAND TWENTY-ONE, SHALL COMPLETE  CONTINUING
 EDUCATION  HOURS  ON  A PRORATED BASIS AT THE RATE OF ONE HOUR PER MONTH
 FOR THE PERIOD BEGINNING JANUARY FIRST, TWO THOUSAND  TWENTY-ONE  UP  TO
 THE  FIRST  REGISTRATION  DATE  THEREAFTER.  A  PSYCHOLOGIST WHO HAS NOT
 SATISFIED THE MANDATORY CONTINUING EDUCATION REQUIREMENT  SHALL  NOT  BE
 ISSUED  A TRIENNIAL REGISTRATION CERTIFICATE BY THE DEPARTMENT AND SHALL
 NOT PRACTICE UNLESS AND UNTIL A CONDITIONAL REGISTRATION  IS  ISSUED  AS
 PROVIDED  FOR IN SUBDIVISION THREE OF THIS SECTION. CONTINUING EDUCATION
 HOURS TAKEN DURING ONE TRIENNIUM SHALL NOT BE TRANSFERRED TO THE  SUBSE-
 QUENT TRIENNIUM.
   3.  A.  THE  DEPARTMENT,  IN  ITS  DISCRETION, MAY ISSUE A CONDITIONAL
 REGISTRATION TO A PSYCHOLOGIST WHO FAILS TO MEET THE  CONTINUING  EDUCA-
 TION  REQUIREMENTS  ESTABLISHED  IN SUBDIVISION TWO OF THIS SECTION, BUT
 S. 4007--A                         409                        A. 3007--A
 
 WHO AGREES TO MAKE UP  ANY  DEFICIENCIES  AND  COMPLETE  ANY  ADDITIONAL
 EDUCATION  WHICH  THE  DEPARTMENT MAY REQUIRE. THE FEE FOR SUCH A CONDI-
 TIONAL REGISTRATION SHALL BE THE SAME AS, AND IN ADDITION  TO,  THE  FEE
 FOR THE TRIENNIAL REGISTRATION.  THE DURATION OF SUCH CONDITIONAL REGIS-
 TRATION  SHALL BE DETERMINED BY THE DEPARTMENT, BUT SHALL NOT EXCEED ONE
 YEAR. ANY PSYCHOLOGIST WHO IS NOTIFIED OF THE DENIAL OF REGISTRATION FOR
 FAILURE TO SUBMIT EVIDENCE, SATISFACTORY TO THE DEPARTMENT, OF  REQUIRED
 CONTINUING  EDUCATION AND WHO PRACTICES WITHOUT SUCH REGISTRATION MAY BE
 SUBJECT TO  DISCIPLINARY  PROCEEDINGS  PURSUANT  TO  SECTION  SIXTY-FIVE
 HUNDRED TEN OF THIS ARTICLE.
   B. FOR PURPOSES OF THIS SECTION:
   (I) "ACCEPTABLE LEARNING ACTIVITIES" SHALL INCLUDE, BUT NOT BE LIMITED
 TO, FORMAL COURSES OF LEARNING WHICH CONTRIBUTE TO PROFESSIONAL PRACTICE
 IN  PSYCHOLOGY  AND/OR  SELF-STUDY ACTIVITIES; INDEPENDENT STUDY; FORMAL
 MENTORING ACTIVITIES; PUBLICATION IN PROFESSIONAL JOURNALS; OR LECTURES,
 WHICH MEET THE STANDARDS PRESCRIBED BY REGULATIONS OF THE  COMMISSIONER;
 AND
   (II)  "FORMAL  COURSES  OF LEARNING" SHALL INCLUDE, BUT NOT BE LIMITED
 TO, COLLEGIATE LEVEL CREDIT AND NON-CREDIT COURSES, PROFESSIONAL  DEVEL-
 OPMENT  PROGRAMS  AND TECHNICAL SESSIONS OFFERED BY NATIONAL, STATE, AND
 LOCAL PROFESSIONAL ASSOCIATIONS AND OTHER  ORGANIZATIONS  ACCEPTABLE  TO
 THE  DEPARTMENT,  AND  ANY  OTHER  ORGANIZED  EDUCATIONAL  AND TECHNICAL
 PROGRAMS ACCEPTABLE TO THE DEPARTMENT. FORMAL  COURSES  SHALL  BE  TAKEN
 FROM A SPONSOR APPROVED BY THE DEPARTMENT, BASED UPON AN APPLICATION AND
 FEE, PURSUANT TO THE REGULATIONS OF THE COMMISSIONER.
   C.  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 CREDITS IN SPECIFIC SUBJECTS TO FULFILL THIS MANDA-
 TORY CONTINUING EDUCATION REQUIREMENT.
   D.  PSYCHOLOGISTS  SHALL MAINTAIN ADEQUATE DOCUMENTATION OF COMPLETION
 OF ACCEPTABLE  CONTINUING  EDUCATION  CREDITS  AND  SHALL  PROVIDE  SUCH
 DOCUMENTATION  AT THE REQUEST OF THE DEPARTMENT. FAILURE TO PROVIDE SUCH
 DOCUMENTATION UPON THE REQUEST OF THE DEPARTMENT  SHALL  BE  AN  ACT  OF
 MISCONDUCT  SUBJECT  TO  DISCIPLINARY  PROCEEDINGS  PURSUANT  TO SECTION
 SIXTY-FIVE HUNDRED TEN OF THIS ARTICLE.
   E. THE MANDATORY CONTINUING EDUCATION FEE SHALL BE DETERMINED  BY  THE
 DEPARTMENT.    SUCH  FEE  SHALL BE PAYABLE ON OR BEFORE THE FIRST DAY OF
 EACH TRIENNIAL REGISTRATION PERIOD, AND SHALL BE PAID IN ADDITION TO THE
 TRIENNIAL REGISTRATION FEE REQUIRED  BY  SUBDIVISION  EIGHT  OF  SECTION
 SEVENTY-SIX HUNDRED THREE OF THIS TITLE.
 
                                 TITLE 18
                                SOCIAL WORK
 SECTION 7700. INTRODUCTION.
         7701. DEFINITIONS.
         7702. AUTHORIZED  PRACTICE  AND  THE USE OF THE TITLES "LICENSED
                 MASTER SOCIAL  WORKER"  AND  "LICENSED  CLINICAL  SOCIAL
                 WORKER".
         7703. STATE BOARD FOR SOCIAL WORK.
         7704. REQUIREMENTS FOR A LICENSE.
         7705. LIMITED PERMITS.
         7706. EXEMPT PERSONS.
         7707. SPECIAL PROVISIONS.
         7708. BOUNDARIES OF PROFESSIONAL PRACTICE.
         7709. HOSPITAL PRIVILEGES.
         7710. MANDATORY CONTINUING EDUCATION.
 S. 4007--A                         410                        A. 3007--A
 
   §  7700.  INTRODUCTION. THIS TITLE APPLIES TO THE PROFESSION AND PRAC-
 TICE OF SOCIAL WORK, THE PRACTICE OF LICENSED MASTER  SOCIAL  WORK,  AND
 THE  PRACTICE  OF  CLINICAL  SOCIAL  WORK,  AND TO THE USE OF THE TITLES
 "LICENSED MASTER SOCIAL WORKER", AND "LICENSED CLINICAL SOCIAL  WORKER".
 THE  GENERAL  PROVISIONS  FOR  ALL PROFESSIONS CONTAINED IN TITLE ONE OF
 THIS ARTICLE SHALL APPLY TO THIS TITLE.
   § 7701. DEFINITIONS. 1. PRACTICE OF LICENSED MASTER SOCIAL WORK.
   A. THE PRACTICE OF LICENSED MASTER SOCIAL WORK SHALL MEAN THE  PROFES-
 SIONAL APPLICATION OF SOCIAL WORK THEORY, PRINCIPLES, AND THE METHODS TO
 PREVENT,  ASSESS,  EVALUATE,  FORMULATE  AND  IMPLEMENT A PLAN OF ACTION
 BASED ON CLIENT NEEDS AND STRENGTHS, AND INTERVENE  TO  ADDRESS  MENTAL,
 SOCIAL,  EMOTIONAL,  BEHAVIORAL, DEVELOPMENTAL, AND ADDICTIVE DISORDERS,
 CONDITIONS AND DISABILITIES, AND OF THE PSYCHOSOCIAL ASPECTS OF  ILLNESS
 AND INJURY EXPERIENCED BY INDIVIDUALS, COUPLES, FAMILIES, GROUPS, COMMU-
 NITIES, ORGANIZATIONS, AND SOCIETY.
   B.  LICENSED  MASTER  SOCIAL  WORKERS  ENGAGE IN THE ADMINISTRATION OF
 TESTS AND MEASURES OF PSYCHOSOCIAL FUNCTIONING,  SOCIAL  WORK  ADVOCACY,
 CASE  MANAGEMENT, COUNSELING, CONSULTATION, RESEARCH, ADMINISTRATION AND
 MANAGEMENT, AND TEACHING.
   C. LICENSED MASTER SOCIAL WORKERS PROVIDE  ALL  FORMS  OF  SUPERVISION
 OTHER  THAN SUPERVISION OF THE PRACTICE OF LICENSED CLINICAL SOCIAL WORK
 AS DEFINED IN SUBDIVISION TWO OF THIS SECTION.
   D. LICENSED MASTER SOCIAL WORKERS PRACTICE  LICENSED  CLINICAL  SOCIAL
 WORK  IN  FACILITY SETTINGS OR OTHER SUPERVISED SETTINGS APPROVED BY THE
 DEPARTMENT UNDER SUPERVISION IN ACCORDANCE WITH THE COMMISSIONER'S REGU-
 LATIONS.
   2. PRACTICE OF CLINICAL SOCIAL  WORK.  A.  THE  PRACTICE  OF  CLINICAL
 SOCIAL  WORK ENCOMPASSES THE SCOPE OF PRACTICE OF LICENSED MASTER SOCIAL
 WORK AND, IN ADDITION, INCLUDES  THE  DIAGNOSIS  OF  MENTAL,  EMOTIONAL,
 BEHAVIORAL,  ADDICTIVE  AND DEVELOPMENTAL DISORDERS AND DISABILITIES AND
 OF THE PSYCHOSOCIAL ASPECTS OF ILLNESS, INJURY, DISABILITY  AND  IMPAIR-
 MENT  UNDERTAKEN  WITHIN  A  PSYCHOSOCIAL  FRAMEWORK; ADMINISTRATION AND
 INTERPRETATION OF TESTS AND MEASURES OF PSYCHOSOCIAL FUNCTIONING; DEVEL-
 OPMENT AND  IMPLEMENTATION  OF  APPROPRIATE  ASSESSMENT-BASED  TREATMENT
 PLANS;  AND  THE  PROVISION  OF CRISIS ORIENTED PSYCHOTHERAPY AND BRIEF,
 SHORT-TERM AND LONG-TERM PSYCHOTHERAPY AND  PSYCHOTHERAPEUTIC  TREATMENT
 TO  INDIVIDUALS, COUPLES, FAMILIES AND GROUPS, HABILITATION, PSYCHOANAL-
 YSIS AND BEHAVIOR THERAPY; ALL UNDERTAKEN FOR THE PURPOSE OF PREVENTING,
 ASSESSING, TREATING, AMELIORATING AND RESOLVING PSYCHOSOCIAL DYSFUNCTION
 WITH THE GOAL OF MAINTAINING AND ENHANCING THE MENTAL, EMOTIONAL, BEHAV-
 IORAL, AND SOCIAL FUNCTIONING AND WELL-BEING  OF  INDIVIDUALS,  COUPLES,
 FAMILIES, SMALL GROUPS, ORGANIZATIONS, COMMUNITIES AND SOCIETY.
   B.  DIAGNOSIS IN THE CONTEXT OF LICENSED CLINICAL SOCIAL WORK PRACTICE
 IS THE PROCESS OF DISTINGUISHING, BEYOND GENERAL SOCIAL WORK ASSESSMENT,
 BETWEEN SIMILAR MENTAL, EMOTIONAL, BEHAVIORAL, DEVELOPMENTAL AND  ADDIC-
 TIVE  DISORDERS,  IMPAIRMENTS  AND  DISABILITIES  WITHIN  A PSYCHOSOCIAL
 FRAMEWORK ON THE BASIS  OF  THEIR  SIMILAR  AND  UNIQUE  CHARACTERISTICS
 CONSISTENT WITH ACCEPTED CLASSIFICATION SYSTEMS.
   C. PSYCHOTHERAPY IN THE CONTEXT OF LICENSED CLINICAL SOCIAL WORK PRAC-
 TICE  IS  THE  USE OF VERBAL METHODS IN INTERPERSONAL RELATIONSHIPS WITH
 THE INTENT OF ASSISTING A PERSON OR  PERSONS  TO  MODIFY  ATTITUDES  AND
 BEHAVIOR WHICH ARE INTELLECTUALLY, SOCIALLY, OR EMOTIONALLY MALADAPTIVE.
   D.  DEVELOPMENT  OF ASSESSMENT-BASED TREATMENT PLANS IN THE CONTEXT OF
 LICENSED CLINICAL SOCIAL WORK PRACTICE REFERS TO THE DEVELOPMENT  OF  AN
 INTEGRATED PLAN OF PRIORITIZED INTERVENTIONS, THAT IS BASED ON THE DIAG-
 NOSIS  AND  PSYCHOSOCIAL  ASSESSMENT  OF  THE CLIENT, TO ADDRESS MENTAL,
 S. 4007--A                         411                        A. 3007--A
 
 EMOTIONAL, BEHAVIORAL, DEVELOPMENTAL AND  ADDICTIVE  DISORDERS,  IMPAIR-
 MENTS  AND  DISABILITIES, REACTIONS TO ILLNESSES, INJURIES, DISABILITIES
 AND IMPAIRMENTS, AND SOCIAL PROBLEMS.
   § 7702. AUTHORIZED PRACTICE AND THE USE OF THE TITLES "LICENSED MASTER
 SOCIAL  WORKER" AND "LICENSED CLINICAL SOCIAL WORKER". 1. IN ADDITION TO
 THE LICENSED SOCIAL WORK SERVICES INCLUDED IN SUBDIVISIONS ONE  AND  TWO
 OF  SECTION  SEVENTY-SEVEN  HUNDRED  ONE  OF THIS TITLE, LICENSED MASTER
 SOCIAL WORKERS AND LICENSED CLINICAL  SOCIAL  WORKERS  MAY  PERFORM  THE
 FOLLOWING SOCIAL WORK FUNCTIONS THAT DO NOT REQUIRE A LICENSE UNDER THIS
 TITLE, INCLUDING BUT NOT LIMITED TO:
   A.  SERVE  AS  A  COMMUNITY  ORGANIZER,  PLANNER, OR ADMINISTRATOR FOR
 SOCIAL SERVICE PROGRAMS IN ANY SETTING.
   B. PROVIDE SUPERVISION AND/OR  CONSULTATION  TO  INDIVIDUALS,  GROUPS,
 INSTITUTIONS AND AGENCIES.
   C. SERVE AS A FACULTY MEMBER OR INSTRUCTOR IN AN EDUCATIONAL SETTING.
   D.  PLAN  AND/OR  CONDUCT  RESEARCH  PROJECTS  AND  PROGRAM EVALUATION
 STUDIES.
   E. MAINTAIN FAMILIARITY WITH BOTH PROFESSIONAL AND  SELF-HELP  SYSTEMS
 IN  THE  COMMUNITY  IN  ORDER TO ASSIST THE CLIENT IN SUCH SERVICES WHEN
 NECESSARY.
   F. PROVIDE ADVICE AND GUIDANCE AND ASSIST INDIVIDUALS OR  GROUPS  WITH
 DIFFICULT  DAY-TO-DAY  PROBLEMS  SUCH  AS  FINDING  EMPLOYMENT, LOCATING
 SOURCES OF ASSISTANCE, AND ORGANIZING COMMUNITY  GROUPS  TO  WORK  ON  A
 SPECIFIC PROBLEM.
   G.  CONSULT WITH OTHER AGENCIES ON PROBLEMS AND CASES SERVED IN COMMON
 AND COORDINATING SERVICES AMONG AGENCIES OR PROVIDING CASE MANAGEMENT.
   H. CONDUCT DATA GATHERING ON SOCIAL PROBLEMS.
   I. SERVE AS AN ADVOCATE FOR CLIENTS OR GROUPS OF CLIENTS  WHOSE  NEEDS
 ARE NOT BEING MET BY AVAILABLE PROGRAMS OR BY A SPECIFIC AGENCY.
   J.  ASSESS,  EVALUATE,  AND FORMULATE A PLAN OF ACTION BASED ON CLIENT
 NEED.
   K. PROVIDE TRAINING TO COMMUNITY GROUPS, AGENCIES, AND  OTHER  PROFES-
 SIONALS.
   L. PROVIDE ADMINISTRATIVE SUPERVISION.
   M. PROVIDE PEER SERVICES.
   N.  COLLECT  BASIC  INFORMATION,  GATHERING  OF  DEMOGRAPHIC DATA, AND
 INFORMAL OBSERVATIONS, SCREENING AND REFERRAL USED FOR GENERAL ELIGIBIL-
 ITY FOR A PROGRAM OR SERVICE AND DETERMINING THE FUNCTIONAL STATUS OF AN
 INDIVIDUAL FOR THE PURPOSE OF DETERMINING THE NEED FOR SERVICES.
   2. A. ONLY A PERSON LICENSED OR EXEMPT UNDER THIS TITLE SHALL PRACTICE
 "LICENSED MASTER SOCIAL WORK" AS DEFINED IN SUBDIVISION ONE  OF  SECTION
 SEVENTY-SEVEN HUNDRED ONE OF THIS TITLE.
   B.  ONLY  A  PERSON  LICENSED  PURSUANT  TO SUBDIVISION ONE OF SECTION
 SEVENTY-SEVEN HUNDRED FOUR OF THIS TITLE SHALL USE THE  TITLE  "LICENSED
 MASTER SOCIAL WORKER" OR THE DESIGNATION "LMSW".
   3. A. ONLY A PERSON LICENSED OR EXEMPT UNDER THIS TITLE SHALL PRACTICE
 "LICENSED CLINICAL SOCIAL WORK" AS DEFINED IN SUBDIVISION TWO OF SECTION
 SEVENTY-SEVEN HUNDRED ONE OF THIS TITLE.
   B.  ONLY  A  PERSON  LICENSED  PURSUANT  TO SUBDIVISION TWO OF SECTION
 SEVENTY-SEVEN HUNDRED FOUR OF THIS TITLE SHALL USE THE  TITLE  "LICENSED
 CLINICAL SOCIAL WORKER" OR THE DESIGNATION "LCSW".
   §  7703.  STATE  BOARD  FOR SOCIAL WORK. A STATE BOARD FOR SOCIAL WORK
 SHALL BE APPOINTED BY THE COMMISSIONER FOR THE PURPOSE OF ASSISTING  THE
 DEPARTMENT  ON  MATTERS OF PROFESSIONAL LICENSING, PRACTICE, AND CONDUCT
 IN ACCORDANCE WITH SECTION SIXTY-FIVE HUNDRED EIGHT OF THIS ARTICLE. THE
 BOARD SHALL BE COMPOSED OF NOT LESS THAN TWELVE MEMBERS, OF  WHICH  FIVE
 S. 4007--A                         412                        A. 3007--A
 
 SHALL BE LICENSED CLINICAL SOCIAL WORKERS, FIVE SHALL BE LICENSED MASTER
 SOCIAL WORKERS AND TWO MEMBERS OF THE PUBLIC. MEMBERS OF THE FIRST BOARD
 NEED  NOT BE LICENSED PRIOR TO THEIR APPOINTMENT TO THE BOARD. THE TERMS
 OF  THE  FIRST  APPOINTED  MEMBERS  SHALL  BE STAGGERED SO THAT FOUR ARE
 APPOINTED FOR THREE YEARS, FOUR ARE APPOINTED FOR FOUR YEARS,  AND  FOUR
 ARE  APPOINTED FOR FIVE YEARS. AN EXECUTIVE SECRETARY TO THE BOARD SHALL
 BE APPOINTED BY THE COMMISSIONER AND SHALL BE LICENSED PURSUANT TO  THIS
 TITLE. AS USED IN THIS TITLE, "THE BOARD" SHALL MEAN THE STATE BOARD FOR
 SOCIAL WORK AS APPOINTED PURSUANT TO THIS SECTION.
   §  7704.  REQUIREMENTS FOR A LICENSE. 1. TO QUALIFY FOR A LICENSE AS A
 "LICENSED MASTER SOCIAL WORKER" AN APPLICANT SHALL FULFILL THE FOLLOWING
 REQUIREMENTS:
   A. APPLICATION: FILE AN APPLICATION WITH THE DEPARTMENT;
   B. EDUCATION: HAVE RECEIVED AN  EDUCATION,  INCLUDING  A  MASTER'S  OF
 SOCIAL  WORK  DEGREE  FROM  A  PROGRAM  REGISTERED BY THE DEPARTMENT, OR
 DETERMINED BY THE  DEPARTMENT  TO  BE  THE  SUBSTANTIAL  EQUIVALENT,  IN
 ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS;
   C. EXPERIENCE: MEET NO REQUIREMENT AS TO EXPERIENCE;
   D.  EXAMINATION:  PASS AN EXAMINATION SATISFACTORY TO THE BOARD AND IN
 ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS;
   E. AGE: BE AT LEAST TWENTY-ONE YEARS OF AGE;
   F. CHARACTER: BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE  DEPART-
 MENT; AND
   G.  FEES:  PAY  A FEE OF ONE HUNDRED FIFTEEN DOLLARS TO THE DEPARTMENT
 FOR AN INITIAL LICENSE, AND A FEE OF ONE HUNDRED FIFTY-FIVE DOLLARS  FOR
 EACH  TRIENNIAL  REGISTRATION  PERIOD.  AN  ADDITIONAL  SURCHARGE IN THE
 AMOUNT OF FIVE DOLLARS SHALL BE PAID WITH  EACH  TRIENNIAL  REGISTRATION
 FEE  AND  SHALL  BE USED FOR THE MARKETING AND EVALUATION OF THE REGENTS
 LICENSED SOCIAL WORKER LOAN FORGIVENESS PROGRAM ESTABLISHED  BY  SECTION
 SIX HUNDRED FIVE OF THE EDUCATION LAW.
   2. TO QUALIFY FOR A LICENSE AS A "LICENSED CLINICAL SOCIAL WORKER", AN
 APPLICANT SHALL FULFILL THE FOLLOWING REQUIREMENTS:
   A. APPLICATION: FILE AN APPLICATION WITH THE DEPARTMENT;
   B.  EDUCATION:  HAVE  RECEIVED  AN  EDUCATION, INCLUDING A MASTER'S OF
 SOCIAL WORK DEGREE FROM A  PROGRAM  REGISTERED  BY  THE  DEPARTMENT,  OR
 DETERMINED  BY  THE  DEPARTMENT  TO  BE THE SUBSTANTIAL EQUIVALENT, THAT
 INCLUDES COMPLETION OF A CORE CURRICULUM WHICH INCLUDES AT LEAST  TWELVE
 CREDIT  HOURS OF CLINICAL COURSES, IN ACCORDANCE WITH THE COMMISSIONER'S
 REGULATIONS; A PERSON WHO HAS RECEIVED A MASTER'S, OR EQUIVALENT  DEGREE
 IN  SOCIAL  WORK,  DURING  WHICH THEY DID NOT COMPLETE A CORE CURRICULUM
 WHICH  INCLUDES  CLINICAL  COURSES,  MAY  SATISFY  THIS  REQUIREMENT  BY
 COMPLETING  EQUIVALENT  POST-GRADUATE CLINICAL COURSEWORK, IN ACCORDANCE
 WITH THE COMMISSIONER'S REGULATIONS;
   C. EXPERIENCE: HAVE AT LEAST THREE YEARS  FULL-TIME  SUPERVISED  POST-
 GRADUATE  CLINICAL  SOCIAL  WORK EXPERIENCE IN DIAGNOSIS, PSYCHOTHERAPY,
 AND ASSESSMENT-BASED  TREATMENT  PLANS,  OR  ITS  PART-TIME  EQUIVALENT,
 OBTAINED  OVER  A  CONTINUOUS  PERIOD NOT TO EXCEED SIX YEARS, UNDER THE
 SUPERVISION, SATISFACTORY  TO  THE  DEPARTMENT,  OF  A  PSYCHIATRIST,  A
 LICENSED PSYCHOLOGIST, OR A LICENSED CLINICAL SOCIAL WORKER IN A FACILI-
 TY  SETTING  OR  OTHER  SUPERVISED  SETTINGS APPROVED BY THE DEPARTMENT.
 SATISFACTORY EXPERIENCE OBTAINED IN AN ENTITY OPERATING UNDER  A  WAIVER
 ISSUED  BY THE DEPARTMENT PURSUANT TO SECTION SIXTY-FIVE HUNDRED THREE-A
 OF THIS ARTICLE MAY BE ACCEPTED BY THE DEPARTMENT, NOTWITHSTANDING  THAT
 SUCH  EXPERIENCE  MAY  HAVE BEEN OBTAINED PRIOR TO THE EFFECTIVE DATE OF
 SUCH SECTION SIXTY-FIVE HUNDRED  THREE-A  AND/OR  PRIOR  TO  THE  ENTITY
 HAVING  OBTAINED  A  WAIVER.  THE  DEPARTMENT MAY, FOR GOOD CAUSE SHOWN,
 S. 4007--A                         413                        A. 3007--A
 
 ACCEPT SATISFACTORY EXPERIENCE THAT WAS OBTAINED IN A SETTING THAT WOULD
 HAVE BEEN ELIGIBLE FOR A WAIVER BUT WHICH HAS NOT OBTAINED A WAIVER FROM
 THE DEPARTMENT OR EXPERIENCE THAT WAS OBTAINED  IN  GOOD  FAITH  BY  THE
 APPLICANT  UNDER  THE  BELIEF  THAT  APPROPRIATE  AUTHORIZATION HAD BEEN
 OBTAINED FOR THE EXPERIENCE, PROVIDED THAT  SUCH  EXPERIENCE  MEETS  ALL
 OTHER REQUIREMENTS FOR ACCEPTABLE EXPERIENCE;
   D.  EXAMINATION:  PASS AN EXAMINATION SATISFACTORY TO THE BOARD AND IN
 ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS;
   E. AGE: BE AT LEAST TWENTY-ONE YEARS OF AGE;
   F. CHARACTER: BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE  DEPART-
 MENT; AND
   G.  FEES:  PAY  A FEE OF ONE HUNDRED FIFTEEN DOLLARS TO THE DEPARTMENT
 FOR AN INITIAL LICENSE AND A FEE OF ONE HUNDRED FIFTY-FIVE  DOLLARS  FOR
 EACH TRIENNIAL REGISTRATION PERIOD.
   §  7705.  LIMITED  PERMITS.  1.  ON  RECOMMENDATION  OF THE BOARD, THE
 DEPARTMENT MAY ISSUE A LIMITED  PERMIT  TO  PRACTICE  LICENSED  CLINICAL
 SOCIAL  WORK  AND  USE  THE TITLE LICENSED CLINICAL SOCIAL WORKER, OR TO
 PRACTICE LICENSED MASTER SOCIAL WORK AND USE THE TITLE  LICENSED  MASTER
 SOCIAL WORKER TO AN APPLICANT WHO HAS MET ALL REQUIREMENTS FOR LICENSURE
 AS  A LICENSED MASTER SOCIAL WORKER OR A LICENSED CLINICAL SOCIAL WORKER
 EXCEPT THOSE RELATING TO THE EXAMINATION AND PROVIDED THAT THE  INDIVID-
 UAL  IS UNDER THE GENERAL SUPERVISION OF A LICENSED MASTER SOCIAL WORKER
 OR A LICENSED CLINICAL SOCIAL WORKER, AS DETERMINED BY  THE  DEPARTMENT.
 THIS  LIMITED PERMIT SHALL BE VALID FOR A PERIOD OF NOT MORE THAN TWELVE
 MONTHS.
   2. THE FEE FOR EACH LIMITED PERMIT SHALL BE SEVENTY DOLLARS.
   § 7706. EXEMPT PERSONS. NOTHING  CONTAINED  IN  THIS  TITLE  SHALL  BE
 CONSTRUED TO:
   1.  APPLY TO THE PRACTICE, CONDUCT, ACTIVITIES, SERVICES OR USE OF ANY
 TITLE BY ANY PERSON LICENSED OR OTHERWISE AUTHORIZED TO  PRACTICE  MEDI-
 CINE  WITHIN  THE  STATE PURSUANT TO TITLE TWO OF THIS ARTICLE OR BY ANY
 PERSON REGISTERED TO PERFORM SERVICES AS A  PHYSICIAN  ASSISTANT  WITHIN
 THE  STATE  PURSUANT  TO  TITLE  FOUR  OF  THIS ARTICLE OR BY ANY PERSON
 LICENSED OR OTHERWISE AUTHORIZED  TO  PRACTICE  PSYCHOLOGY  WITHIN  THIS
 STATE  PURSUANT  TO  TITLE  SEVENTEEN  OF  THIS ARTICLE OR BY ANY PERSON
 LICENSED OR OTHERWISE AUTHORIZED TO PRACTICE  NURSING  AS  A  REGISTERED
 PROFESSIONAL  NURSE  OR NURSE PRACTITIONER WITHIN THIS STATE PURSUANT TO
 TITLE TWELVE OF THIS ARTICLE OR BY  ANY  PERSON  LICENSED  OR  OTHERWISE
 AUTHORIZED  TO  PRACTICE OCCUPATIONAL THERAPY WITHIN THIS STATE PURSUANT
 TO TITLE TWENTY OF THIS ARTICLE 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 TITLE TWENTY-FIVE OF THIS ARTICLE OR BY ANY PERSON LICENSED
 OR OTHERWISE AUTHORIZED TO PRACTICE APPLIED BEHAVIOR ANALYSIS WITHIN THE
 STATE PURSUANT TO TITLE TWENTY-NINE OF THIS ARTICLE; PROVIDED,  HOWEVER,
 THAT  NO  PHYSICIAN, PHYSICIAN ASSISTANT, REGISTERED PROFESSIONAL NURSE,
 NURSE  PRACTITIONER,  PSYCHOLOGIST,  OCCUPATIONAL  THERAPIST,   LICENSED
 MENTAL   HEALTH  COUNSELOR,  LICENSED  MARRIAGE  AND  FAMILY  THERAPIST,
 LICENSED  CREATIVE  ARTS  THERAPIST,  LICENSED  PSYCHOANALYST,  LICENSED
 BEHAVIOR  ANALYST  OR  CERTIFIED  BEHAVIOR ANALYST ASSISTANT MAY USE THE
 TITLES "LICENSED CLINICAL SOCIAL  WORKER"  OR  "LICENSED  MASTER  SOCIAL
 WORKER", UNLESS LICENSED UNDER THIS TITLE.
   2.  PREVENT  OR  PROHIBIT  AN INDIVIDUAL POSSESSING A BACCALAUREATE OF
 SOCIAL WORK DEGREE OR ITS EQUIVALENT FROM THE PERFORMANCE OF  ACTIVITIES
 AND SERVICES WITHIN THE SCOPE OF PRACTICE OF LICENSED MASTER SOCIAL WORK
 AS  DEFINED IN PARAGRAPHS A AND B OF SUBDIVISION ONE OF SECTION SEVENTY-
 S. 4007--A                         414                        A. 3007--A

 SEVEN HUNDRED ONE OF THIS TITLE UNDER SUPERVISION BY A  LICENSED  MASTER
 SOCIAL  WORKER,  A LICENSED CLINICAL SOCIAL WORKER OR IN ACCORDANCE WITH
 THE COMMISSIONER'S REGULATIONS.
   3.  PREVENT  OR  PROHIBIT  A  LICENSED  MASTER  SOCIAL WORKER FROM THE
 PERFORMANCE OF ACTIVITIES AND SERVICES WITHIN THE SCOPE OF  PRACTICE  OF
 LICENSED  CLINICAL  SOCIAL WORK AS DEFINED IN SUBDIVISION TWO OF SECTION
 SEVENTY-SEVEN HUNDRED ONE OF THIS TITLE IN A FACILITY SETTING AND  UNDER
 SUPERVISION IN ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS.
   4.  PREVENT  OR  PROHIBIT  THE  PERFORMANCE OF ACTIVITIES AND SERVICES
 WITHIN THE SCOPE OF PRACTICE OF LICENSED MASTER SOCIAL WORK  AS  DEFINED
 IN SUBDIVISION ONE OF SECTION SEVENTY-SEVEN HUNDRED ONE OF THIS TITLE BY
 INDIVIDUALS, CHURCHES, SCHOOLS, TEACHERS, ORGANIZATIONS, OR NOT-FOR-PRO-
 FIT BUSINESSES WHICH ARE PROVIDING INSTRUCTION, ADVICE, SUPPORT, ENCOUR-
 AGEMENT OR INFORMATION TO INDIVIDUALS, FAMILIES, AND RELATIONAL GROUPS.
   5.  PREVENT  OR  PROHIBIT  THE  PERFORMANCE OF ACTIVITIES AND SERVICES
 WITHIN THE SCOPE OF PRACTICE OF LICENSED MASTER SOCIAL WORK OR  LICENSED
 CLINICAL  SOCIAL WORK AS DEFINED IN SECTION SEVENTY-SEVEN HUNDRED ONE OF
 THIS TITLE BY THE FOLLOWING:
   A. ANY INDIVIDUAL WHO IS CREDENTIALED UNDER ANY LAW, INCLUDING  ATTOR-
 NEYS,  RAPE  CRISIS  COUNSELORS,  CREDENTIALED  ALCOHOLISM AND SUBSTANCE
 ABUSE COUNSELORS WHOSE SCOPE OF PRACTICE INCLUDES THE PRACTICES  DEFINED
 IN  SECTION  SEVENTY-SEVEN  HUNDRED ONE OF THIS TITLE FROM PERFORMING OR
 CLAIMING TO PERFORM WORK AUTHORIZED BY  APPLICABLE  PROVISIONS  OF  THIS
 CHAPTER AND THE MENTAL HYGIENE LAW;
   B.  PROVISION  OF  PASTORAL  COUNSELING  SERVICES BY ANY MEMBER OF THE
 CLERGY OR CHRISTIAN SCIENCE PRACTITIONER, FROM PROVIDING PASTORAL  COUN-
 SELING  SERVICES  WITHIN THE CONTEXT OF HIS OR HER MINISTERIAL CHARGE OR
 OBLIGATION;
   C. STUDENTS WHO ARE ENROLLED IN A  BACCALAUREATE  OF  SOCIAL  WORK  OR
 PROFESSIONAL  GRADUATE LEVEL SOCIAL WORK PROGRAM OF STUDY, AND WHICH ARE
 REQUIRED TO PERFORM AS PART OF THE FIELD WORK COMPONENT OF SUCH PROGRAM,
 SERVICES PROVIDED UNDER THE  SUPERVISION  OF  A  FIELD  WORK  SUPERVISOR
 APPROVED BY THE PROGRAM;
   D.  ON THE PART OF A STUDENT OR TRAINEE WHO IS ENROLLED IN AN INSTITU-
 TION OR PROGRAM REGISTERED BY THE DEPARTMENT OR ACCREDITED BY AN ACCRED-
 ITING ORGANIZATION ACCEPTABLE TO THE DEPARTMENT TO PROVIDE TRAINING IN A
 DISCIPLINE OR PROFESSION, OTHER THAN  SOCIAL  WORK  OR  CLINICAL  SOCIAL
 WORK, THAT IS LICENSED PURSUANT TO THIS TITLE, WHERE SUCH ACTIVITIES AND
 SERVICES  ARE  AUTHORIZED WITHIN THE DEFINITION OF THE SCOPE OF PRACTICE
 OF THE PROFESSION, OR DISCIPLINE IN WHICH HE OR SHE IS BEING TRAINED  AS
 SET  FORTH  IN  THE  EDUCATION  LAW  OR  THE COMMISSIONER'S REGULATIONS,
 PROVIDED THAT SUCH SERVICES ARE PERFORMED UNDER THE REGULAR AND  ONGOING
 SUPERVISION OF A LICENSEE IN THE PROFESSION OR DISCIPLINE IN WHICH HE OR
 SHE  IS  BEING  TRAINED  WHO ASSUMES PROFESSIONAL RESPONSIBILITY FOR THE
 SERVICES PERFORMED UNDER HIS OR HER SUPERVISION AND THAT SUCH ACTIVITIES
 AND THE PROVISION OF SUCH SERVICES ARE A FORMAL PART OF THE PROFESSIONAL
 TRAINING PROGRAM IN WHICH HE OR SHE IS ENROLLED;
   E. ANY FEDERAL, STATE, COUNTY OR MUNICIPAL EMPLOYEE  PERFORMING  CLIN-
 ICAL  SOCIAL  WORK  SERVICES UPON THE EFFECTIVE DATE OF THIS SECTION FOR
 THE PERIOD DURING WHICH THEY MAINTAIN SUCH EMPLOYMENT WITH SUCH  GOVERN-
 MENTAL  UNIT  WITHIN THE CONTEXT OF SUCH EMPLOYMENT AND SHALL BE LIMITED
 TO THE SERVICES PROVIDED UPON SUCH EFFECTIVE DATE; AND
   F. ANY EMPLOYEE PERFORMING CLINICAL SOCIAL WORK SERVICES ON THE EFFEC-
 TIVE DATE OF THIS SECTION FOR THE PERIOD DURING WHICH THEY MAINTAIN SUCH
 EMPLOYMENT WITH SUCH ENTITY WITHIN THE CONTEXT OF SUCH  EMPLOYMENT,  AND
 SHALL BE LIMITED TO THE SERVICES PROVIDED PRIOR TO SUCH EFFECTIVE DATE.
 S. 4007--A                         415                        A. 3007--A
 
   6.  PROHIBIT  THE  PRACTICE OF LICENSED MASTER SOCIAL WORK OR LICENSED
 CLINICAL SOCIAL WORK, TO THE EXTENT  PERMISSIBLE  WITHIN  THE  SCOPE  OF
 PRACTICE  OF  SUCH  PROFESSIONS,  BY  ANY  NOT-FOR-PROFIT CORPORATION OR
 EDUCATION CORPORATION PROVIDING SERVICES WITHIN THE STATE  OF  NEW  YORK
 AND  OPERATING  UNDER  A  WAIVER  PURSUANT TO SECTION SIXTY-FIVE HUNDRED
 THREE-A OF THIS ARTICLE, PROVIDED THAT SUCH ENTITIES  OFFERING  LICENSED
 MASTER  SOCIAL WORK OR LICENSED CLINICAL SOCIAL WORK SERVICES SHALL ONLY
 PROVIDE SUCH SERVICES THROUGH AN INDIVIDUAL  APPROPRIATELY  LICENSED  OR
 OTHERWISE  AUTHORIZED  TO PROVIDE SUCH SERVICES OR A PROFESSIONAL ENTITY
 AUTHORIZED BY LAW TO PROVIDE SUCH SERVICES.
   7. A. PREVENT A PERSON WITHOUT A LICENSE FROM: PERFORMING  ASSESSMENTS
 INCLUDING  BUT NOT LIMITED TO BASIC INFORMATION COLLECTION, GATHERING OF
 DEMOGRAPHIC DATA, AND INFORMAL OBSERVATIONS, SCREENING AND REFERRAL USED
 FOR GENERAL ELIGIBILITY FOR A PROGRAM OR  SERVICE  AND  DETERMINING  THE
 FUNCTIONAL  STATUS  OF AN INDIVIDUAL FOR THE PURPOSE OF DETERMINING NEED
 FOR SERVICES; ADVISING  INDIVIDUALS  REGARDING  THE  APPROPRIATENESS  OF
 BENEFITS  THEY  ARE  ELIGIBLE FOR; PROVIDING GENERAL ADVICE AND GUIDANCE
 AND ASSISTING INDIVIDUALS OR GROUPS WITH DIFFICULT DAY TO  DAY  PROBLEMS
 SUCH AS FINDING EMPLOYMENT, LOCATING SOURCES OF ASSISTANCE, AND ORGANIZ-
 ING  COMMUNITY  GROUPS  TO  WORK  ON  A SPECIFIC PROBLEM; PROVIDING PEER
 SERVICES; SELECTING FOR SUITABILITY AND PROVIDING SUBSTANCE ABUSE TREAT-
 MENT SERVICES OR GROUP RE-ENTRY SERVICES TO INCARCERATED INDIVIDUALS  IN
 STATE  CORRECTIONAL  FACILITIES;  OR PROVIDING SUBSTANCE ABUSE TREATMENT
 SERVICES OR RE-ENTRY  SERVICES  TO  INCARCERATED  INDIVIDUALS  IN  LOCAL
 CORRECTIONAL FACILITIES.
   B.  PREVENT  A  PERSON  WITHOUT A LICENSE FROM CREATING, DEVELOPING OR
 IMPLEMENTING A SERVICE PLAN OR RECOVERY PLAN THAT IS  NOT  A  BEHAVIORAL
 HEALTH  DIAGNOSIS  OR  TREATMENT  PLAN.   SUCH SERVICE OR RECOVERY PLANS
 SHALL INCLUDE, BUT ARE  NOT  LIMITED  TO,  COORDINATING,  EVALUATING  OR
 DETERMINING  THE  NEED  FOR, OR THE PROVISION OF THE FOLLOWING SERVICES:
 JOB TRAINING AND EMPLOYABILITY; HOUSING; HOMELESS SERVICES AND  SHELTERS
 FOR  HOMELESS  INDIVIDUALS  AND FAMILIES; REFUGEE SERVICES; RESIDENTIAL,
 DAY OR  COMMUNITY  HABILITATION  SERVICES;  GENERAL  PUBLIC  ASSISTANCE;
 IN-HOME   SERVICES   AND  SUPPORTS  OR  HOME-DELIVERED  MEALS;  RECOVERY
 SUPPORTS; ADULT OR CHILD PROTECTIVE SERVICES  INCLUDING  INVESTIGATIONS;
 DETENTION  AS  DEFINED IN SECTION FIVE HUNDRED TWO OF THE EXECUTIVE LAW;
 PREVENTION AND RESIDENTIAL SERVICES FOR VICTIMS  OF  DOMESTIC  VIOLENCE;
 SERVICES  FOR RUNAWAY AND HOMELESS YOUTH; FOSTER CARE, ADOPTION, PREVEN-
 TIVE SERVICES OR SERVICES IN ACCORDANCE WITH AN APPROVED  PLAN  PURSUANT
 TO  SECTION  FOUR  HUNDRED  FOUR  OF THE SOCIAL SERVICES LAW, INCLUDING,
 ADOPTION AND FOSTER HOME STUDIES AND ASSESSMENTS, FAMILY SERVICE  PLANS,
 TRANSITION  PLANS,  PERMANENCY PLANNING ACTIVITIES, AND CASE PLANNING OR
 CASE MANAGEMENT AS SUCH TERMS ARE DEFINED  IN  THE  REGULATIONS  OF  THE
 OFFICE OF CHILDREN AND FAMILY SERVICES; RESIDENTIAL REHABILITATION; HOME
 AND   COMMUNITY  BASED  SERVICES;  AND  DE-ESCALATION  TECHNIQUES,  PEER
 SERVICES OR SKILL DEVELOPMENT.
   C. (I) PREVENT A PERSON WITHOUT A  LICENSE  FROM  PARTICIPATING  AS  A
 MEMBER  OF  A MULTI-DISCIPLINARY TEAM TO ASSIST IN THE DEVELOPMENT OF OR
 IMPLEMENTATION OF  A  BEHAVIORAL  HEALTH  SERVICES  OR  TREATMENT  PLAN;
 PROVIDED THAT SUCH TEAM SHALL INCLUDE ONE OR MORE PROFESSIONALS LICENSED
 UNDER THIS TITLE OR TITLES TWO, TWELVE, SEVENTEEN OR TWENTY-FIVE OF THIS
 ARTICLE; AND PROVIDED, FURTHER, THAT THE ACTIVITIES PERFORMED BY MEMBERS
 OF THE TEAM SHALL BE CONSISTENT WITH THE SCOPE OF PRACTICE FOR EACH TEAM
 MEMBER  LICENSED  OR  AUTHORIZED  UNDER TITLE EIGHT OF THIS ARTICLE, AND
 THOSE WHO ARE  NOT  SO  AUTHORIZED  MAY  NOT  ENGAGE  IN  THE  FOLLOWING
 RESTRICTED  PRACTICES:  THE  DIAGNOSIS OF MENTAL, EMOTIONAL, BEHAVIORAL,
 S. 4007--A                         416                        A. 3007--A
 
 ADDICTIVE AND DEVELOPMENTAL DISORDERS AND DISABILITIES; PATIENT  ASSESS-
 MENT  AND  EVALUATING; THE PROVISION OF PSYCHOTHERAPEUTIC TREATMENT; THE
 PROVISION OF TREATMENT OTHER THAN PSYCHOTHERAPEUTIC TREATMENT; OR  INDE-
 PENDENTLY  DEVELOPING  AND IMPLEMENTING ASSESSMENT-BASED TREATMENT PLANS
 AS DEFINED IN SECTION SEVENTY-SEVEN HUNDRED ONE OF THIS TITLE.
   (II) FOR THE PURPOSES OF THIS PARAGRAPH, "ASSIST" SHALL  INCLUDE,  BUT
 NOT  BE LIMITED TO, THE PROVISION OR PERFORMANCE OF THE FOLLOWING TASKS,
 SERVICES, OR FUNCTIONS BY AN INDIVIDUAL WHO HAS  OBTAINED  THE  TRAINING
 AND  EXPERIENCE  REQUIRED  BY  THE  APPLICABLE STATE OVERSIGHT AGENCY TO
 PERFORM SUCH TASK, SERVICE OR FUNCTION IN FACILITIES OR PROGRAMS OPERAT-
 ING PURSUANT TO ARTICLE NINETEEN-G OF THE EXECUTIVE LAW; ARTICLES SEVEN,
 SIXTEEN, THIRTY-ONE OR THIRTY-TWO OF THE MENTAL HYGIENE  LAW;  OR  TITLE
 THREE OF ARTICLE SEVEN OF THE SOCIAL SERVICES LAW:
   (1)  HELPING  AN  INDIVIDUAL WITH THE COMPLETION OF FORMS OR QUESTION-
 NAIRES;
   (2) REVIEWING EXISTING CASE RECORDS AND COLLECTING BACKGROUND INFORMA-
 TION ABOUT AN INDIVIDUAL WHICH MAY BE USED BY THE LICENSED  PROFESSIONAL
 OR MULTI-DISCIPLINARY TEAM;
   (3)  GATHERING  AND  REPORTING  INFORMATION  ABOUT PREVIOUS BEHAVIORAL
 HEALTH INTERVENTIONS, HOSPITALIZATIONS, DOCUMENTED DIAGNOSIS,  OR  PRIOR
 TREATMENT FOR REVIEW BY THE LICENSED PROFESSIONAL AND MULTI-DISCIPLINARY
 TEAM;
   (4)  DISCUSSING  WITH  THE  INDIVIDUAL  HIS  OR  HER SITUATION, NEEDS,
 CONCERNS, AND THOUGHTS IN ORDER TO HELP IDENTIFY SERVICES  THAT  SUPPORT
 THE INDIVIDUAL'S GOALS, INDEPENDENCE, AND QUALITY OF LIFE;
   (5)  PROVIDING  ADVICE, INFORMATION, AND ASSISTANCE TO INDIVIDUALS AND
 FAMILY MEMBERS TO IDENTIFY NEEDS AND AVAILABLE RESOURCES IN THE COMMUNI-
 TY TO HELP MEET THE NEEDS OF THE INDIVIDUAL OR FAMILY MEMBER;
   (6) ENGAGING IN IMMEDIATE AND LONG-TERM PROBLEM SOLVING,  ENGAGING  IN
 THE  DEVELOPMENT  OF  SOCIAL  SKILLS, OR PROVIDING GENERAL HELP IN AREAS
 INCLUDING, BUT NOT LIMITED TO, HOUSING, EMPLOYMENT, CHILD CARE,  PARENT-
 ING, COMMUNITY-BASED SERVICES, AND FINANCES;
   (7) DISTRIBUTING PAPER COPIES OF SELF-ADMINISTERED TESTS FOR THE INDI-
 VIDUAL  TO  COMPLETE  WHEN SUCH TESTS DO NOT REQUIRE THE OBSERVATION AND
 JUDGMENT OF A LICENSED PROFESSIONAL;
   (8) MONITORING TREATMENT BY THE COLLECTION OF WRITTEN AND/OR  OBSERVA-
 TIONAL  DATA  IN ACCORDANCE WITH THE TREATMENT PLAN AND PROVIDING VERBAL
 OR WRITTEN REPORTS TO THE MULTI-DISCIPLINARY TEAM;
   (9) IDENTIFYING GAPS IN SERVICES AND COORDINATING ACCESS TO OR ARRANG-
 ING  SERVICES  FOR  INDIVIDUALS  SUCH  AS  HOME  CARE,   COMMUNITY-BASED
 SERVICES,  HOUSING,  EMPLOYMENT,  TRANSPORTATION, CHILD CARE, VOCATIONAL
 TRAINING, OR HEALTH CARE;
   (10)  OFFERING  EDUCATION  PROGRAMS  THAT  PROVIDE  INFORMATION  ABOUT
 DISEASE  IDENTIFICATION AND RECOMMENDED TREATMENTS THAT MAY BE PROVIDED,
 AND HOW TO ACCESS SUCH TREATMENT;
   (11) REPORTING ON BEHAVIOR, ACTIONS, AND  RESPONSES  TO  TREATMENT  BY
 COLLECTING  WRITTEN  AND/OR OBSERVATIONAL DATA AS PART OF A MULTI-DISCI-
 PLINARY TEAM;
   (12) USING DE-ESCALATION TECHNIQUES CONSISTENT WITH APPROPRIATE TRAIN-
 ING;
   (13) PERFORMING ASSESSMENTS USING STANDARDIZED,  STRUCTURED  INTERVIEW
 TOOLS OR INSTRUMENTS;
   (14)  DIRECTLY  DELIVERING  SERVICES OUTLINED IN THE SERVICE PLAN THAT
 ARE NOT CLINICAL IN NATURE BUT HAVE BEEN TAILORED TO AN INDIVIDUAL BASED
 ON ANY DIAGNOSES SUCH INDIVIDUAL  MAY  HAVE  RECEIVED  FROM  A  LICENSED
 PROFESSIONAL; AND
 S. 4007--A                         417                        A. 3007--A
 
   (15) ADVOCATING WITH EDUCATIONAL, JUDICIAL OR OTHER SYSTEMS TO PROTECT
 AN INDIVIDUAL'S RIGHTS AND ACCESS TO APPROPRIATE SERVICES.
   D.  PROVIDED,  FURTHER,  THAT  NOTHING  IN  THIS  SUBDIVISION SHALL BE
 CONSTRUED AS REQUIRING A LICENSE FOR ANY PARTICULAR ACTIVITY OR FUNCTION
 BASED SOLELY ON THE FACT THAT THE ACTIVITY OR FUNCTION IS NOT LISTED  IN
 THIS SUBDIVISION.
   8. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, NOTHING
 IN  THIS TITLE SHALL BE CONSTRUED TO PROHIBIT OR LIMIT THE ACTIVITIES OR
 SERVICES PROVIDED UNDER THIS TITLE BY ANY PERSON WHO IS EMPLOYED OR  WHO
 COMMENCES  EMPLOYMENT IN A PROGRAM OR SERVICE OPERATED, REGULATED, FUND-
 ED, OR APPROVED BY THE DEPARTMENT OF MENTAL HYGIENE, THE OFFICE OF CHIL-
 DREN AND FAMILY SERVICES, THE DEPARTMENT OF  CORRECTIONS  AND  COMMUNITY
 SUPERVISION,  THE  OFFICE  OF  TEMPORARY  AND DISABILITY ASSISTANCE, THE
 STATE OFFICE FOR THE AGING AND THE  DEPARTMENT  OF  HEALTH  OR  A  LOCAL
 GOVERNMENTAL UNIT AS THAT TERM IS DEFINED IN SECTION 41.03 OF THE MENTAL
 HYGIENE  LAW  OR A SOCIAL SERVICES DISTRICT AS DEFINED IN SECTION SIXTY-
 ONE OF THE SOCIAL SERVICES LAW ON OR BEFORE TWO YEARS FROM THE DATE THAT
 THE REGULATIONS ISSUED IN ACCORDANCE WITH SECTION SIX OF PART Y OF CHAP-
 TER FIFTY-SEVEN OF THE LAWS OF TWO THOUSAND EIGHTEEN APPEAR IN THE STATE
 REGISTER OR ARE ADOPTED, WHICHEVER IS LATER. SUCH PROHIBITIONS OR  LIMI-
 TATIONS  SHALL  NOT  APPLY  TO SUCH EMPLOYEES FOR AS LONG AS THEY REMAIN
 EMPLOYED BY SUCH PROGRAMS OR SERVICES AND WHETHER THEY  REMAIN  EMPLOYED
 BY  THE  SAME  OR  OTHER  EMPLOYERS PROVIDING SUCH PROGRAMS OR SERVICES.
 PROVIDED HOWEVER, THAT ANY  PERSON  WHO  COMMENCES  EMPLOYMENT  IN  SUCH
 PROGRAM  OR  SERVICE  AFTER  SUCH  DATE  AND  PERFORMS SERVICES THAT ARE
 RESTRICTED UNDER THIS TITLE SHALL BE APPROPRIATELY LICENSED  OR  AUTHOR-
 IZED  UNDER  THIS  TITLE.  EACH  STATE OVERSIGHT AGENCY SHALL CREATE AND
 MAINTAIN A PROCESS TO VERIFY EMPLOYMENT HISTORY  OF  INDIVIDUALS  EXEMPT
 UNDER THIS SUBDIVISION.
   §  7707. SPECIAL PROVISIONS. 1. ANY PERSON WHO IS LICENSED AS A CERTI-
 FIED SOCIAL WORKER ON THE EFFECTIVE DATE OF THIS TITLE SHALL BE LICENSED
 AS A LICENSED  MASTER  SOCIAL  WORKER  WITHOUT  MEETING  ANY  ADDITIONAL
 REQUIREMENTS.
   2.  ANY  PERSON  WHO POSSESSES A MASTER'S OF SOCIAL WORK DEGREE ON THE
 EFFECTIVE DATE OF THIS SECTION, WHO  HAS  FIVE  YEARS  OF  POST-GRADUATE
 SOCIAL WORK EMPLOYMENT AND MEETS THE REQUIREMENTS FOR A LICENSE PURSUANT
 TO THIS TITLE, EXCEPT FOR EXAMINATION, AND WHO FILES WITH THE DEPARTMENT
 WITHIN  ONE YEAR OF THE EFFECTIVE DATE OF THIS SECTION SHALL BE LICENSED
 AS A LICENSED MASTER SOCIAL WORKER.
   3. ANY PERSON WHO IS LICENSED AS A  CERTIFIED  SOCIAL  WORKER  ON  THE
 EFFECTIVE  DATE  OF THIS SECTION AND WHO HAS BEEN AUTHORIZED PURSUANT TO
 SECTION THREE THOUSAND TWO HUNDRED TWENTY-ONE OR SECTION  FOUR  THOUSAND
 THREE HUNDRED THREE OF THE INSURANCE LAW SHALL BE LICENSED AS A LICENSED
 CLINICAL SOCIAL WORKER WITHOUT MEETING ANY ADDITIONAL REQUIREMENTS.
   4.  ANY  PERSON  WHO  IS  LICENSED AS A CERTIFIED SOCIAL WORKER ON THE
 EFFECTIVE DATE OF THIS SECTION, BUT WHO HAS NOT  RECEIVED  AUTHORIZATION
 PURSUANT  TO SECTION THREE THOUSAND TWO HUNDRED TWENTY-ONE OR FOUR THOU-
 SAND THREE HUNDRED THREE OF  THE  INSURANCE  LAW,  WHO  FILES  WITH  THE
 DEPARTMENT  WITHIN  ONE  YEAR  OF  THE EFFECTIVE DATE OF THIS SECTION AN
 APPLICATION PURSUANT TO SUBDIVISION TWO OF SECTION SEVENTY-SEVEN HUNDRED
 FOUR OF THIS TITLE, WHO DEMONSTRATES TO THE SATISFACTION OF THE  DEPART-
 MENT THAT THEY MEET THE EXPERIENCE REQUIREMENTS FOR AUTHORIZATION PURSU-
 ANT  TO  SECTION  THREE THOUSAND TWO HUNDRED TWENTY-ONE OR FOUR THOUSAND
 THREE HUNDRED THREE OF  THE  INSURANCE  LAW,  SHALL  BE  LICENSED  AS  A
 LICENSED  CLINICAL  SOCIAL  WORKER  WITHOUT MEETING ANY FURTHER REQUIRE-
 MENTS.
 S. 4007--A                         418                        A. 3007--A
 
   5. LICENSED MASTER SOCIAL WORKERS AND LICENSED CLINICAL SOCIAL WORKERS
 MAY USE ACCEPTED CLASSIFICATIONS OF SIGNS,  SYMPTOMS,  DYSFUNCTIONS  AND
 DISORDERS,  INCLUDING,  BUT  NOT LIMITED TO, CLASSIFICATIONS USED IN THE
 PRACTICE SETTING FOR THE PURPOSE OF PROVIDING MENTAL HEALTH SERVICES.
   §  7708.  BOUNDARIES  OF  PROFESSIONAL  PRACTICE. ANY INDIVIDUAL WHOSE
 LICENSE OR AUTHORITY TO PRACTICE DERIVES FROM  THE  PROVISIONS  OF  THIS
 TITLE SHALL BE PROHIBITED FROM:
   1. PRESCRIBING OR ADMINISTERING DRUGS AS DEFINED IN THIS CHAPTER OR AS
 A  TREATMENT, THERAPY, OR PROFESSIONAL SERVICE IN THE PRACTICE OF HIS OR
 HER PROFESSION; OR
   2. USING INVASIVE PROCEDURES AS A TREATMENT, THERAPY, OR  PROFESSIONAL
 SERVICE  IN  THE PRACTICE OF HIS OR HER PROFESSION. FOR PURPOSES OF THIS
 SUBDIVISION, "INVASIVE PROCEDURE" MEANS ANY  PROCEDURE  IN  WHICH  HUMAN
 TISSUE  IS CUT, ALTERED, OR OTHERWISE INFILTRATED BY MECHANICAL OR OTHER
 MEANS. INVASIVE PROCEDURE INCLUDES SURGERY, LASERS, IONIZING  RADIATION,
 THERAPEUTIC ULTRASOUND, OR ELECTROCONVULSIVE THERAPY.
   §  7709. HOSPITAL PRIVILEGES. NOTHING IN THIS TITLE SHALL BE DEEMED TO
 AUTHORIZE, GRANT, OR EXTEND HOSPITAL PRIVILEGES TO INDIVIDUALS  LICENSED
 UNDER THIS TITLE.
   §  7710.  MANDATORY  CONTINUING  EDUCATION. 1. A. EACH LICENSED MASTER
 SOCIAL WORKER OR LICENSED CLINICAL SOCIAL  WORKER  REQUIRED  UNDER  THIS
 TITLE  TO  REGISTER  TRIENNIALLY WITH THE DEPARTMENT TO PRACTICE IN THIS
 STATE, SHALL COMPLY WITH THE PROVISIONS OF MANDATORY  CONTINUING  EDUCA-
 TION  REQUIREMENTS PRESCRIBED IN SUBDIVISION TWO OF THIS SECTION, EXCEPT
 AS SET FORTH IN PARAGRAPHS B AND C OF THIS SUBDIVISION. LICENSED  MASTER
 SOCIAL  WORKERS  OR  LICENSED CLINICAL SOCIAL WORKERS WHO DO NOT SATISFY
 THE MANDATORY CONTINUING EDUCATION REQUIREMENTS SHALL NOT PRACTICE UNTIL
 THEY HAVE MET SUCH REQUIREMENTS AND THEY HAVE BEEN ISSUED A REGISTRATION
 CERTIFICATE, EXCEPT THAT A LICENSED MASTER  SOCIAL  WORKER  OR  LICENSED
 CLINICAL SOCIAL WORKER MAY PRACTICE WITHOUT HAVING MET SUCH REQUIREMENTS
 IF  HE  OR SHE IS ISSUED A CONDITIONAL REGISTRATION CERTIFICATE PURSUANT
 TO SUBDIVISION THREE OF THIS SECTION.
   B. EACH LICENSED MASTER SOCIAL  WORKER  OR  LICENSED  CLINICAL  SOCIAL
 WORKER  SHALL BE EXEMPT FROM THE MANDATORY CONTINUING EDUCATION REQUIRE-
 MENTS FOR THE TRIENNIAL REGISTRATION PERIOD DURING WHICH THEY ARE  FIRST
 LICENSED.  IN  ACCORDANCE WITH THE INTENT OF THIS SECTION, ADJUSTMENT TO
 THE MANDATORY CONTINUING EDUCATION REQUIREMENT MAY  BE  GRANTED  BY  THE
 DEPARTMENT  FOR  REASONS  OF HEALTH THAT ARE CERTIFIED BY AN APPROPRIATE
 HEALTH CARE PROFESSIONAL, FOR EXTENDED ACTIVE DUTY WITH THE ARMED FORCES
 OF THE UNITED STATES, OR FOR OTHER GOOD CAUSE ACCEPTABLE TO THE  DEPART-
 MENT WHICH MAY PREVENT COMPLIANCE.
   C. A LICENSED MASTER SOCIAL WORKER OR A LICENSED CLINICAL SOCIAL WORK-
 ER  NOT  ENGAGED  IN PRACTICE, AS DETERMINED BY THE DEPARTMENT, SHALL BE
 EXEMPT FROM THE MANDATORY  CONTINUING  EDUCATION  REQUIREMENT  UPON  THE
 FILING  OF  A  STATEMENT  WITH THE DEPARTMENT DECLARING SUCH STATUS. ANY
 LICENSEE WHO RETURNS TO THE PRACTICE OF SOCIAL WORK 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.
   D.  A  LICENSED CLINICAL SOCIAL WORKER WHO IS ALSO LICENSED AND REGIS-
 TERED TO PRACTICE AS A LICENSED MASTER SOCIAL WORKER IN THE SAME  TRIEN-
 NIAL  REGISTRATION  PERIOD,  SHALL NOT BE REQUIRED TO COMPLETE MORE THAN
 THIRTY-SIX HOURS OF CONTINUING EDUCATION IN THE  TRIENNIAL  REGISTRATION
 PERIOD, OR ONE HOUR PER MONTH FOR A REGISTRATION PERIOD OTHER THAN THIR-
 TY-SIX MONTHS.
 S. 4007--A                         419                        A. 3007--A
 
   2.  DURING  EACH TRIENNIAL REGISTRATION PERIOD AN APPLICANT FOR REGIS-
 TRATION AS A LICENSED MASTER SOCIAL WORKER OR LICENSED  CLINICAL  SOCIAL
 WORKER SHALL COMPLETE A MINIMUM OF THIRTY-SIX HOURS OF ACCEPTABLE FORMAL
 CONTINUING  EDUCATION.  ANY  LICENSED  MASTER  SOCIAL WORKER OR LICENSED
 CLINICAL  SOCIAL  WORKER  WHOSE  FIRST  REGISTRATION  DATE FOLLOWING THE
 EFFECTIVE DATE OF THIS SECTION OCCURS LESS THAN THREE  YEARS  FROM  SUCH
 EFFECTIVE  DATE,  BUT  ON  OR AFTER JANUARY FIRST, TWO THOUSAND FIFTEEN,
 SHALL COMPLETE CONTINUING EDUCATION HOURS ON A  PRORATED  BASIS  AT  THE
 RATE  OF  ONE HOUR PER MONTH FOR THE PERIOD BEGINNING JANUARY FIRST, TWO
 THOUSAND FIFTEEN UP TO THE FIRST REGISTRATION DATE THEREAFTER. A  LICEN-
 SEE WHO HAS NOT SATISFIED THE MANDATORY CONTINUING EDUCATION REQUIREMENT
 SHALL  NOT BE ISSUED A TRIENNIAL REGISTRATION CERTIFICATE BY THE DEPART-
 MENT AND SHALL NOT PRACTICE UNLESS AND UNTIL A CONDITIONAL  REGISTRATION
 IS ISSUED AS PROVIDED FOR IN SUBDIVISION THREE OF THIS SECTION.  CONTIN-
 UING EDUCATION HOURS TAKEN DURING ONE TRIENNIUM SHALL NOT BE TRANSFERRED
 TO THE SUBSEQUENT TRIENNIUM.
   3.  A.  THE  DEPARTMENT,  IN  ITS  DISCRETION, MAY ISSUE A CONDITIONAL
 REGISTRATION 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 COMPLETE 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
 SUBMIT EVIDENCE, SATISFACTORY TO THE DEPARTMENT, OF REQUIRED  CONTINUING
 EDUCATION  AND WHO PRACTICES WITHOUT SUCH REGISTRATION MAY BE SUBJECT TO
 DISCIPLINARY PROCEEDINGS PURSUANT TO SECTION SIXTY-FIVE HUNDRED  TEN  OF
 THIS ARTICLE.
   B.  FOR  PURPOSES  OF THIS SECTION "ACCEPTABLE FORMAL EDUCATION" SHALL
 MEAN FORMAL COURSES OF LEARNING WHICH CONTRIBUTE TO  PROFESSIONAL  PRAC-
 TICE  IN  SOCIAL  WORK  AND WHICH MEET THE STANDARDS PRESCRIBED BY REGU-
 LATIONS OF THE COMMISSIONER.  SUCH  FORMAL  COURSES  OF  LEARNING  SHALL
 INCLUDE,  BUT  NOT BE LIMITED TO, COLLEGIATE LEVEL CREDIT AND NON-CREDIT
 COURSES,  PROFESSIONAL  DEVELOPMENT  PROGRAMS  AND  TECHNICAL   SESSIONS
 OFFERED BY NATIONAL, STATE AND LOCAL PROFESSIONAL ASSOCIATIONS AND OTHER
 ORGANIZATIONS  ACCEPTABLE  TO  THE  DEPARTMENT,  AND ANY OTHER ORGANIZED
 EDUCATIONAL  AND  TECHNICAL  PROGRAMS  ACCEPTABLE  TO  THE   DEPARTMENT.
 CONTINUING EDUCATION COURSES SHALL 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  COURSES  IN
 SPECIFIC   SUBJECTS  TO  FULFILL  THIS  MANDATORY  CONTINUING  EDUCATION
 REQUIREMENT.  LICENSED MASTER SOCIAL WORKERS OR LICENSED CLINICAL SOCIAL
 WORKERS SHALL MAINTAIN ADEQUATE DOCUMENTATION OF COMPLETION OF  ACCEPTA-
 BLE  FORMAL CONTINUING EDUCATION AND SHALL PROVIDE SUCH DOCUMENTATION AT
 THE REQUEST OF THE DEPARTMENT. FAILURE  TO  PROVIDE  SUCH  DOCUMENTATION
 UPON THE REQUEST OF THE DEPARTMENT SHALL BE AN ACT OF MISCONDUCT SUBJECT
 TO  DISCIPLINARY  PROCEEDINGS PURSUANT TO SECTION SIXTY-FIVE HUNDRED TEN
 OF THIS ARTICLE.
   C. THE MANDATORY CONTINUING EDUCATION FEE SHALL BE DETERMINED  BY  THE
 DEPARTMENT.    SUCH  FEE  SHALL BE PAYABLE ON OR BEFORE THE FIRST DAY OF
 EACH TRIENNIAL REGISTRATION PERIOD AND SHALL BE PAID IN ADDITION TO  THE
 TRIENNIAL  REGISTRATION  FEE  REQUIRED BY PARAGRAPH G OF SUBDIVISION ONE
 S. 4007--A                         420                        A. 3007--A

 AND PARAGRAPH G OF SUBDIVISION TWO OF SECTION SEVENTY-SEVEN HUNDRED FOUR
 OF THIS TITLE.
 
                                 TITLE 19
                              MASSAGE THERAPY
 SECTION 7800. INTRODUCTION.
         7801. DEFINITION OF PRACTICE OF MASSAGE THERAPY.
         7802. PRACTICE  OF  MASSAGE  THERAPY AND USE OF TITLE "MASSEUR",
                 "MASSEUSE" OR "MASSAGE THERAPIST" OR THE TERM  "MASSAGE"
                 OR "MASSAGE THERAPY".
         7803. STATE BOARD FOR MASSAGE THERAPY.
         7804. REQUIREMENTS FOR A PROFESSIONAL LICENSE.
         7805. EXEMPT PERSONS.
         7806. LIMITED PERMITS.
         7807. MANDATORY CONTINUING EDUCATION.
   §  7800. INTRODUCTION. THIS TITLE APPLIES TO THE PROFESSION OF MASSAGE
 THERAPY. THE GENERAL PROVISIONS FOR ALL PROFESSIONS CONTAINED  IN  TITLE
 ONE OF THIS ARTICLE SHALL APPLY TO THIS TITLE.
   §  7801.  DEFINITION  OF  PRACTICE OF MASSAGE THERAPY. AS USED IN THIS
 CHAPTER, THE PRACTICE OF THE PROFESSION OF MASSAGE THERAPY IS DEFINED AS
 ENGAGING IN APPLYING A SCIENTIFIC SYSTEM OF  ACTIVITY  TO  THE  MUSCULAR
 STRUCTURE  OF THE HUMAN BODY BY MEANS OF STROKING, KNEADING, TAPPING AND
 VIBRATING WITH THE HANDS OR  VIBRATORS  FOR  THE  PURPOSE  OF  IMPROVING
 MUSCLE TONE AND CIRCULATION.
   §  7802.  PRACTICE  OF  MASSAGE  THERAPY  AND  USE OF TITLE "MASSEUR",
 "MASSEUSE" OR "MASSAGE THERAPIST" OR  THE  TERM  "MASSAGE"  OR  "MASSAGE
 THERAPY".  ONLY  A  PERSON LICENSED OR AUTHORIZED PURSUANT TO THIS TITLE
 SHALL PRACTICE MASSAGE THERAPY AND ONLY A  PERSON  LICENSED  UNDER  THIS
 TITLE  SHALL USE THE TITLE "MASSEUR", "MASSEUSE" OR "MASSAGE THERAPIST".
 NO PERSON, FIRM, PARTNERSHIP OR CORPORATION CLAIMING TO  BE  ENGAGED  IN
 THE PRACTICE OF MASSAGE OR MASSAGE THERAPY SHALL IN ANY MANNER DESCRIBE,
 ADVERTISE, OR PLACE ANY ADVERTISEMENT FOR SERVICES AS DEFINED IN SECTION
 SEVENTY-EIGHT  HUNDRED  ONE  OF  THIS  TITLE  UNLESS  SUCH  SERVICES ARE
 PERFORMED BY A PERSON LICENSED OR AUTHORIZED PURSUANT TO THIS CHAPTER.
   § 7803. STATE BOARD FOR MASSAGE THERAPY. A  STATE  BOARD  FOR  MASSAGE
 THERAPY  SHALL  BE  APPOINTED  BY  THE  COMMISSIONER  FOR THE PURPOSE OF
 ASSISTING 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 NOT LESS THAN SEVEN
 PERSONS, FOUR OF WHOM SHALL HAVE BEEN ENGAGED IN THE TEACHING, RESEARCH,
 OR PRACTICE OF MASSAGE THERAPY FOR AT LEAST THREE YEARS.  THE  REMAINING
 THREE  MEMBERS  OF THE BOARD SHALL BE PHYSICIANS LICENSED IN THIS STATE.
 AN EXECUTIVE SECRETARY TO THE BOARD SHALL BE APPOINTED  BY  THE  COMMIS-
 SIONER.  AS  USED  IN THIS TITLE, "THE BOARD" SHALL MEAN THE STATE BOARD
 FOR MASSAGE THERAPY AS APPOINTED PURSUANT TO THIS SECTION.
   § 7804. REQUIREMENTS FOR A PROFESSIONAL  LICENSE.  TO  QUALIFY  FOR  A
 LICENSE  AS A MASSAGE THERAPIST, MASSEUR OR MASSEUSE, AN APPLICANT SHALL
 FULFILL THE FOLLOWING REQUIREMENTS:
   1. APPLICATION: FILE AN APPLICATION WITH THE DEPARTMENT;
   2. EDUCATION: HAVE RECEIVED AN EDUCATION, INCLUDING HIGH SCHOOL GRADU-
 ATION AND GRADUATION FROM A SCHOOL OR INSTITUTE OF MASSAGE THERAPY  WITH
 A PROGRAM REGISTERED BY THE DEPARTMENT, OR ITS SUBSTANTIAL EQUIVALENT IN
 BOTH SUBJECT MATTER AND EXTENT OF TRAINING, PROVIDED THAT THE PROGRAM IN
 SUCH  SCHOOL  OR  INSTITUTE  SHALL CONSIST OF CLASSROOM INSTRUCTION OF A
 TOTAL OF NOT LESS THAN FIVE HUNDRED HOURS IN  SUBJECTS  SATISFACTORY  TO
 THE DEPARTMENT;
 S. 4007--A                         421                        A. 3007--A

   3.  EXAMINATION:  PASS AN EXAMINATION SATISFACTORY TO THE BOARD AND IN
 ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS;
   4. AGE: BE AT LEAST EIGHTEEN YEARS OF AGE;
   5. CITIZENSHIP OR IMMIGRATION STATUS: BE A UNITED STATES CITIZEN OR AN
 ALIEN LAWFULLY ADMITTED FOR PERMANENT RESIDENCE IN THE UNITED STATES;
   6.  CHARACTER: BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE DEPART-
 MENT; AND
   7. FEES: PAY A FEE OF ONE HUNDRED FIFTEEN DOLLARS  TO  THE  DEPARTMENT
 FOR  ADMISSION  TO A DEPARTMENT-CONDUCTED EXAMINATION AND FOR AN INITIAL
 LICENSE, A FEE OF FORTY-FIVE DOLLARS FOR EACH REEXAMINATION,  A  FEE  OF
 FIFTY DOLLARS FOR AN INITIAL LICENSE FOR PERSONS NOT REQUIRING ADMISSION
 TO  A  DEPARTMENT-CONDUCTED  EXAMINATION, AND A FEE OF FIFTY DOLLARS FOR
 EACH TRIENNIAL REGISTRATION PERIOD.
   § 7805. EXEMPT PERSONS. NOTHING  CONTAINED  IN  THIS  TITLE  SHALL  BE
 CONSTRUED TO PROHIBIT:
   1.  THE PRACTICE OF MASSAGE THERAPY BY ANY PERSON WHO IS AUTHORIZED TO
 PRACTICE MEDICINE, NURSING, OSTEOPATHY, PHYSIOTHERAPY, CHIROPRACTIC,  OR
 PODIATRY IN ACCORDANCE WITH THE PROVISIONS OF THIS ARTICLE.
   2.  THE  PRACTICE  OF  A  MASSAGE WHICH IS CUSTOMARILY GIVEN IN BARBER
 SHOPS OR BEAUTY  PARLORS  FOR  THE  PURPOSE  OF  BEAUTIFICATION  BY  ANY
 LICENSED BARBER OR BEAUTY CULTURIST.
   3. THE PRACTICE OF MASSAGE THERAPY BY ANY PERSON EMPLOYED IN A MEDICAL
 INSTITUTION  LICENSED  OR  CHARTERED  BY THE STATE OF NEW YORK, PROVIDED
 THAT SUCH PERSON IS UNDER THE ON-SITE SUPERVISION OF A  PERSON  LICENSED
 TO PRACTICE MASSAGE THERAPY OR AUTHORIZED TO PRACTICE MASSAGE THERAPY BY
 SUBDIVISION  ONE OF THIS SECTION, OR BY ANY PERSON ENROLLED IN A PROGRAM
 OF A SCHOOL OR INSTITUTE OF MASSAGE THERAPY REGISTERED  BY  THE  DEPART-
 MENT,  OR  ENROLLED  IN  A  PROGRAM  WHICH SATISFIES THE REQUIREMENTS OF
 SECTION SEVENTY-EIGHT HUNDRED FOUR OF THIS  TITLE,  PROVIDED  THAT  SUCH
 PERSON IS UNDER THE ON-SITE SUPERVISION OF A PERSON LICENSED TO PRACTICE
 MASSAGE THERAPY OR AUTHORIZED TO PRACTICE MASSAGE THERAPY BY SUBDIVISION
 ONE OF THIS SECTION.
   4.  THE  PRACTICE  OF MASSAGE THERAPY BY ANY PERSON DULY EMPLOYED AS A
 TRAINER BY A PROFESSIONAL ATHLETIC ASSOCIATION, CLUB OR TEAM,  OR  AS  A
 MEMBER OF THE PHYSICAL EDUCATION DEPARTMENT OF AN ACCREDITED UNIVERSITY,
 COLLEGE OR HIGH SCHOOL.
   5.  THE PRACTICE OF MASSAGE THERAPY BY ANY PERSON EMPLOYED BY A CORPO-
 RATION OR ASSOCIATION ORGANIZED EXCLUSIVELY  FOR  THE  MORAL  OR  MENTAL
 IMPROVEMENT OF MEN, WOMEN, OR CHILDREN.
   6.  A MASSAGE THERAPIST LICENSED AND IN GOOD STANDING IN ANOTHER STATE
 OR COUNTRY FROM CONDUCTING A TEACHING DEMONSTRATION  OF  MODALITIES  AND
 TECHNIQUES THAT ARE WITHIN THE PRACTICE OF MASSAGE THERAPY IN CONNECTION
 WITH  A  PROGRAM  OF  CONTINUING EDUCATION THAT IS CONDUCTED BY APPROVED
 SPONSORS OF CONTINUING EDUCATION BY THE DEPARTMENT. ANY  MASSAGE  THERA-
 PIST CONDUCTING A TEACHING DEMONSTRATION OF MODALITIES AND TECHNIQUES IN
 NEW  YORK  STATE  PURSUANT  TO  THIS SUBDIVISION SHALL BE SUBJECT TO THE
 PERSONAL AND SUBJECT MATTER JURISDICTION AND DISCIPLINARY AND REGULATORY
 AUTHORITY OF THE DEPARTMENT AS IF HE OR SHE IS A LICENSEE AND AS IF  THE
 EXEMPTION PURSUANT TO THIS SUBDIVISION IS A LICENSE. SUCH MASSAGE THERA-
 PIST  SHALL  COMPLY  WITH THE PROVISIONS OF THIS TITLE, THE RULES OF THE
 DEPARTMENT, AND THE REGULATIONS OF THE COMMISSIONER, RELATING TO PROFES-
 SIONAL MISCONDUCT, DISCIPLINARY PROCEEDINGS AND  PENALTIES  FOR  PROFES-
 SIONAL MISCONDUCT.
   §  7806. LIMITED PERMITS. 1. THE DEPARTMENT MAY ISSUE A LIMITED PERMIT
 TO PRACTICE MASSAGE THERAPY AS A LICENSED MASSAGE THERAPIST, MASSEUR  OR
 MASSEUSE  TO  A PERSON WHO HAS NOT PREVIOUSLY HELD SUCH A PERMIT AND WHO
 S. 4007--A                         422                        A. 3007--A
 
 FULFILLS ALL EXCEPT THE EXAMINATION AND CITIZENSHIP REQUIREMENTS  FOR  A
 LICENSE,  PROVIDED HOWEVER THAT A PERMIT SHALL NOT BE ISSUED TO A PERSON
 WHO HAS FAILED THE STATE LICENSING EXAMINATION.
   2.  THE  LIMITED  PERMIT  SHALL BE VALID FOR A PERIOD OF NOT MORE THAN
 TWELVE MONTHS OR UNTIL THE RESULTS OF THE NEXT LICENSING EXAMINATION FOR
 WHICH THE PERSON IS ELIGIBLE ARE OFFICIALLY AVAILABLE,  WHICHEVER  COMES
 FIRST.
   3. A LIMITED PERMIT SHALL ENTITLE THE HOLDER TO PRACTICE MASSAGE THER-
 APY  ONLY  UNDER THE PERSONAL SUPERVISION OF A PERSON CURRENTLY LICENSED
 AND REGISTERED TO PRACTICE MASSAGE THERAPY IN THIS STATE.
   4. THE FEE FOR A LIMITED PERMIT SHALL BE THIRTY-FIVE DOLLARS.
   § 7807. MANDATORY CONTINUING EDUCATION. 1. A. EACH  MASSAGE  THERAPIST
 LICENSED  PURSUANT  TO  THIS TITLE REQUIRED TO REGISTER TRIENNIALLY WITH
 THE DEPARTMENT TO PRACTICE IN THE STATE SHALL COMPLY WITH THE PROVISIONS
 OF THE MANDATORY CONTINUING EDUCATION REQUIREMENTS PRESCRIBED IN  SUBDI-
 VISION  TWO OF THIS SECTION EXCEPT AS SET FORTH IN PARAGRAPHS B AND C OF
 THIS SUBDIVISION. MASSAGE THERAPISTS WHO DO NOT  SATISFY  THE  MANDATORY
 CONTINUING EDUCATION REQUIREMENTS SHALL NOT PRACTICE UNTIL THEY HAVE MET
 SUCH REQUIREMENTS, AND THEY HAVE BEEN ISSUED A REGISTRATION CERTIFICATE,
 EXCEPT  THAT  A  MASSAGE  THERAPIST MAY PRACTICE WITHOUT HAVING MET SUCH
 REQUIREMENTS IF HE OR SHE IS ISSUED A CONDITIONAL  REGISTRATION  CERTIF-
 ICATE PURSUANT TO SUBDIVISION THREE OF THIS SECTION.
   B.  MASSAGE  THERAPISTS  SHALL BE EXEMPT FROM THE MANDATORY CONTINUING
 EDUCATION REQUIREMENT FOR THE TRIENNIAL REGISTRATION PERIOD DURING WHICH
 THEY ARE FIRST LICENSED. IN ACCORDANCE WITH THE INTENT OF THIS  SECTION,
 ADJUSTMENTS  TO  THE  MANDATORY  CONTINUING EDUCATION REQUIREMENT 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 MASSAGE THERAPIST NOT ENGAGED IN PROFESSIONAL  PRACTICE,
 AS  DETERMINED  BY  THE  DEPARTMENT,  SHALL BE EXEMPT FROM THE MANDATORY
 CONTINUING EDUCATION REQUIREMENT UPON THE FILING OF A STATEMENT WITH THE
 DEPARTMENT DECLARING SUCH STATUS. ANY LICENSEE WHO RETURNS TO THE  PRAC-
 TICE  OF  MASSAGE THERAPY 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 REGU-
 LATIONS OF THE COMMISSIONER.
   2. DURING EACH TRIENNIAL REGISTRATION PERIOD AN APPLICANT  FOR  REGIS-
 TRATION  AS  A  MASSAGE THERAPIST SHALL COMPLETE A MINIMUM OF THIRTY-SIX
 HOURS OF ACCEPTABLE FORMAL CONTINUING EDUCATION,  A  MAXIMUM  OF  TWELVE
 HOURS  OF  WHICH MAY BE SELF-INSTRUCTIONAL COURSE WORK ACCEPTABLE TO THE
 DEPARTMENT. ANY MASSAGE THERAPIST WHOSE FIRST REGISTRATION DATE  FOLLOW-
 ING 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 HOUR PER MONTH FOR THE  PERIOD  BEGIN-
 NING  JANUARY  FIRST,  TWO  THOUSAND TWELVE UP TO THE FIRST REGISTRATION
 DATE THEREAFTER. A LICENSEE WHO HAS NOT SATISFIED THE MANDATORY CONTINU-
 ING EDUCATION REQUIREMENTS SHALL NOT BE ISSUED A TRIENNIAL  REGISTRATION
 CERTIFICATE  BY THE DEPARTMENT AND SHALL NOT PRACTICE UNLESS AND UNTIL A
 CONDITIONAL REGISTRATION CERTIFICATE IS ISSUED AS PROVIDED FOR IN SUBDI-
 VISION THREE OF THIS SECTION, OR UNTIL HE OR SHE HAS OTHERWISE  MET  THE
 REQUIREMENTS OF THIS SECTION.
   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
 S. 4007--A                         423                        A. 3007--A
 
 AGREES TO MAKE UP ANY DEFICIENCIES AND COMPLETE 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
 SUBMIT EVIDENCE, SATISFACTORY TO THE DEPARTMENT, OF REQUIRED  CONTINUING
 EDUCATION AND WHO PRACTICES WITHOUT SUCH REGISTRATION, MAY BE SUBJECT TO
 DISCIPLINARY  PROCEEDINGS  PURSUANT TO SECTION SIXTY-FIVE HUNDRED TEN OF
 THIS ARTICLE.
   4. AS USED IN SUBDIVISION TWO  OF  THIS  SECTION,  "ACCEPTABLE  FORMAL
 CONTINUING  EDUCATION"  SHALL  MEAN  FORMAL  PROGRAMS  OF LEARNING WHICH
 CONTRIBUTE TO PROFESSIONAL PRACTICE IN MASSAGE THERAPY WHICH ARE OFFERED
 BY SPONSORS OF MASSAGE THERAPY  CONTINUING  EDUCATION  APPROVED  BY  THE
 DEPARTMENT  IN CONSULTATION WITH THE STATE BOARD FOR MASSAGE THERAPY, TO
 FULFILL THE MANDATORY CONTINUING EDUCATION  REQUIREMENT.    SPONSORS  OF
 MASSAGE  THERAPY  CONTINUING  EDUCATION MAY INCLUDE, BUT ARE NOT LIMITED
 TO, STATE OR NATIONAL PROFESSIONAL ASSOCIATIONS ESTABLISHED  TO  FURTHER
 THE MASSAGE THERAPY PROFESSION, AND MAY INCLUDE ANY AFFILIATES OF INTER-
 NATIONAL  MASSAGE  THERAPY  CONFERENCES AT WHICH PROFESSIONAL CONTINUING
 EDUCATION IS A MAJOR COMPONENT OF SUCH CONFERENCES, AS WELL AS  PROGRAMS
 REGISTERED AS LICENSURE-QUALIFYING FOR THE PROFESSION OF MASSAGE THERAPY
 BY  THE DEPARTMENT.   SPONSORS OF MASSAGE THERAPY SHALL FILE AN APPLICA-
 TION WITH THE DEPARTMENT AND PAY A FEE OF NINE  HUNDRED  DOLLARS.  WHILE
 PRESENTERS  OF  DIDACTIC  INSTRUCTION MAY BE PROVIDED BY PERSONS WHO ARE
 NOT LICENSED BY THE STATE OF NEW YORK AS MASSAGE THERAPISTS, THE PRACTI-
 CAL APPLICATION OF SUCH MODALITIES  AND  TECHNIQUES  SHALL  BE  DONE  BY
 LICENSED  MASSAGE  THERAPISTS,  OR THOSE OTHERWISE AUTHORIZED, WHEN SUCH
 CONTINUING EDUCATION OCCURS IN THE STATE OF NEW YORK.
   5.  MASSAGE  THERAPISTS  SHALL  MAINTAIN  ADEQUATE  DOCUMENTATION   OF
 COMPLETION  OF  ACCEPTABLE FORMAL CONTINUING EDUCATION AND SHALL PROVIDE
 SUCH DOCUMENTATION AT THE REQUEST OF THE DEPARTMENT. FAILURE TO  PROVIDE
 SUCH DOCUMENTATION UPON THE REQUEST OF THE DEPARTMENT SHALL BE AN ACT OF
 MISCONDUCT  SUBJECT  TO  DISCIPLINARY  PROCEEDINGS  PURSUANT  TO SECTION
 SIXTY-FIVE HUNDRED TEN OF THIS ARTICLE.
   6. THE MANDATORY CONTINUING EDUCATION FEE SHALL BE FORTY-FIVE DOLLARS,
 SHALL BE PAYABLE ON OR BEFORE THE FIRST DAY OF EACH TRIENNIAL  REGISTRA-
 TION PERIOD, AND SHALL BE PAID IN ADDITION TO THE TRIENNIAL REGISTRATION
 FEE REQUIRED BY SECTION SEVENTY-ONE HUNDRED TWENTY-FOUR OF THIS ARTICLE.
 
                                 TITLE 20
                           OCCUPATIONAL THERAPY
 SECTION 7900.   INTRODUCTION.
         7901.   DEFINITION.
         7902.   PRACTICE OF OCCUPATIONAL THERAPY AND USE OF TITLE "OCCU-
                   PATIONAL THERAPIST".
         7902-A. PRACTICE  OF  OCCUPATIONAL  THERAPY ASSISTANT AND USE OF
                   THE TITLE "OCCUPATIONAL THERAPY ASSISTANT".
         7903.   STATE BOARD FOR OCCUPATIONAL THERAPY.
         7904.   REQUIREMENTS FOR A PROFESSIONAL LICENSE.
         7904-A. REQUIREMENTS FOR  LICENSE  AS  AN  OCCUPATIONAL  THERAPY
                   ASSISTANT.
         7905.   LIMITED PERMITS.
         7906.   EXEMPT PERSONS.
         7907.   SPECIAL CONDITIONS.
         7908.   MANDATORY CONTINUING COMPETENCY.
 S. 4007--A                         424                        A. 3007--A
 
   §  7900. INTRODUCTION. THIS TITLE APPLIES TO THE PROFESSION OF OCCUPA-
 TIONAL THERAPY.  THE GENERAL PROVISIONS FOR ALL PROFESSIONS CONTAINED IN
 TITLE ONE OF THIS ARTICLE SHALL APPLY TO THIS TITLE.
   §  7901.  DEFINITION.  THE  PRACTICE OF THE PROFESSION OF OCCUPATIONAL
 THERAPY IS DEFINED AS THE FUNCTIONAL EVALUATION OF THE CLIENT, THE PLAN-
 NING AND UTILIZATION OF A PROGRAM OF PURPOSEFUL ACTIVITIES, THE DEVELOP-
 MENT AND UTILIZATION OF A TREATMENT PROGRAM,  AND/OR  CONSULTATION  WITH
 THE  CLIENT,  FAMILY,  CAREGIVER  OR  ORGANIZATION  IN ORDER TO RESTORE,
 DEVELOP  OR  MAINTAIN  ADAPTIVE  SKILLS,  AND/OR  PERFORMANCE  ABILITIES
 DESIGNED  TO  ACHIEVE MAXIMAL PHYSICAL, COGNITIVE AND MENTAL FUNCTIONING
 OF THE CLIENT ASSOCIATED WITH HIS OR HER ACTIVITIES OF DAILY LIVING  AND
 DAILY  LIFE  TASKS.  A  TREATMENT  PROGRAM DESIGNED TO RESTORE FUNCTION,
 SHALL BE RENDERED ON THE PRESCRIPTION OR REFERRAL OF A PHYSICIAN,  NURSE
 PRACTITIONER,  OR  OTHER  HEALTH  CARE PROVIDER ACTING WITHIN HIS OR HER
 SCOPE OF PRACTICE PURSUANT TO THIS TITLE.  HOWEVER, NOTHING CONTAINED IN
 THIS TITLE SHALL BE CONSTRUED TO PERMIT ANY LICENSEE UNDER THIS TITLE TO
 PRACTICE MEDICINE OR PSYCHOLOGY, INCLUDING PSYCHOTHERAPY, OR  TO  OTHER-
 WISE  EXPAND SUCH LICENSEE'S SCOPE OF PRACTICE BEYOND WHAT IS AUTHORIZED
 BY THIS ARTICLE.
   § 7902. PRACTICE OF OCCUPATIONAL THERAPY AND  USE  OF  TITLE  "OCCUPA-
 TIONAL  THERAPIST".    ONLY A PERSON LICENSED OR OTHERWISE AUTHORIZED TO
 PRACTICE UNDER THIS TITLE SHALL PRACTICE OCCUPATIONAL THERAPY OR USE THE
 TITLE "OCCUPATIONAL THERAPIST".
   § 7902-A. PRACTICE OF OCCUPATIONAL THERAPY ASSISTANT AND  USE  OF  THE
 TITLE "OCCUPATIONAL THERAPY ASSISTANT". ONLY A PERSON LICENSED OR OTHER-
 WISE  AUTHORIZED  UNDER  THIS TITLE SHALL PARTICIPATE IN THE PRACTICE OF
 OCCUPATIONAL THERAPY AS AN OCCUPATIONAL THERAPY  ASSISTANT  OR  USE  THE
 TITLE  "OCCUPATIONAL  THERAPY  ASSISTANT".   PRACTICE AS AN OCCUPATIONAL
 THERAPY ASSISTANT SHALL INCLUDE THE PROVIDING  OF  OCCUPATIONAL  THERAPY
 AND  CLIENT-RELATED  SERVICES  UNDER THE DIRECTION AND SUPERVISION OF AN
 OCCUPATIONAL THERAPIST OR LICENSED  PHYSICIAN  IN  ACCORDANCE  WITH  THE
 COMMISSIONER'S REGULATIONS.
   §  7903. STATE BOARD FOR OCCUPATIONAL THERAPY. A STATE BOARD FOR OCCU-
 PATIONAL THERAPY 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 ARTICLE. THE BOARD SHALL BE COMPOSED OF NOT LESS THAN SIX
 LICENSED OCCUPATIONAL  THERAPISTS,  ONE  LICENSED  OCCUPATIONAL  THERAPY
 ASSISTANT,  ONE  PHYSICIAN,  AND  TWO  MEMBERS OF THE PUBLIC WHO ARE NOT
 LICENSED UNDER THIS TITLE. AN EXECUTIVE SECRETARY TO THE BOARD SHALL  BE
 APPOINTED BY THE BOARD OF REGENTS ON RECOMMENDATION OF THE COMMISSIONER.
 AS  USED IN THIS TITLE, "THE BOARD" SHALL MEAN THE STATE BOARD FOR OCCU-
 PATIONAL THERAPY APPOINTED PURSUANT TO THIS SECTION.
   § 7904. REQUIREMENTS FOR A PROFESSIONAL  LICENSE.  TO  QUALIFY  FOR  A
 LICENSE  AS  AN  OCCUPATIONAL  THERAPIST, AN APPLICANT SHALL FULFILL THE
 FOLLOWING REQUIREMENTS:
   1. FILE AN APPLICATION WITH THE DEPARTMENT.
   2. HAVE SATISFACTORILY  COMPLETED  AN  APPROVED  OCCUPATIONAL  THERAPY
 CURRICULUM IN AT LEAST A BACCALAUREATE OR MASTERS PROGRAM, OR ITS EQUIV-
 ALENT,  AS  DETERMINED  BY THE DEPARTMENT IN ACCORDANCE WITH THE COMMIS-
 SIONER'S REGULATIONS.
   3. HAVE A MINIMUM OF SIX MONTHS  OF  SUPERVISED  OCCUPATIONAL  THERAPY
 EXPERIENCE WHICH SUPERVISION AND EXPERIENCE SHALL BE SATISFACTORY TO THE
 BOARD AND IN ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS.
 S. 4007--A                         425                        A. 3007--A

   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. MEET NO REQUIREMENTS AS TO UNITED STATES CITIZENSHIP.
   7. BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE DEPARTMENT.
   8. PAY A FEE OF ONE HUNDRED FORTY DOLLARS TO THE DEPARTMENT FOR ADMIS-
 SION TO A DEPARTMENT-CONDUCTED EXAMINATION AND FOR AN INITIAL LICENSE, A
 FEE  OF  SEVENTY  DOLLARS  FOR EACH RE-EXAMINATION, A FEE OF ONE HUNDRED
 FIFTEEN DOLLARS FOR AN INITIAL LICENSE FOR PERSONS NOT REQUIRING  ADMIS-
 SION  TO  A  DEPARTMENT-CONDUCTED  EXAMINATION, AND A FEE OF ONE HUNDRED
 FIFTY-FIVE DOLLARS FOR EACH TRIENNIAL REGISTRATION PERIOD.
   § 7904-A. REQUIREMENTS FOR LICENSE AS AN OCCUPATIONAL THERAPY  ASSIST-
 ANT.    TO QUALIFY FOR A LICENSE AS AN OCCUPATIONAL THERAPY ASSISTANT AN
 APPLICANT SHALL FULFILL THE FOLLOWING REQUIREMENTS:
   1. FILE AN APPLICATION WITH THE DEPARTMENT;
   2. HAVE RECEIVED AN EDUCATION AS FOLLOWS: COMPLETION  OF  AT  LEAST  A
 TWO-YEAR  ASSOCIATE  DEGREE  PROGRAM FOR OCCUPATIONAL THERAPY ASSISTANTS
 REGISTERED BY THE DEPARTMENT OR ACCREDITED BY A  NATIONAL  ACCREDITATION
 AGENCY  WHICH  IS  SATISFACTORY TO THE DEPARTMENT, OR ITS EQUIVALENT, AS
 DETERMINED BY THE DEPARTMENT IN ACCORDANCE WITH THE COMMISSIONER'S REGU-
 LATIONS;
   3. HAVE A MINIMUM OF SIXTEEN WEEKS OF CLINICAL EXPERIENCE SATISFACTORY
 TO THE BOARD AND IN ACCORDANCE WITH STANDARDS ESTABLISHED BY A  NATIONAL
 ACCREDITATION AGENCY WHICH IS SATISFACTORY TO THE DEPARTMENT;
   4. BE AT LEAST EIGHTEEN YEARS OF AGE;
   5. BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE DEPARTMENT;
   6.  PAY  A  FEE  FOR  AN  INITIAL LICENSE AND A FEE FOR EACH TRIENNIAL
 REGISTRATION PERIOD THAT SHALL  BE  ONE-HALF  OF  THE  FEE  FOR  INITIAL
 LICENSE AND FOR EACH TRIENNIAL REGISTRATION PERIOD ESTABLISHED FOR OCCU-
 PATIONAL THERAPISTS; AND
   7.  EXCEPT  AS OTHERWISE PROVIDED BY SUBDIVISION TWO OF SECTION SEVEN-
 TY-NINE HUNDRED SEVEN OF THIS TITLE, PASS AN EXAMINATION  ACCEPTABLE  TO
 THE DEPARTMENT.
   §  7905. LIMITED PERMITS. PERMITS LIMITED AS TO ELIGIBILITY, PRACTICE,
 AND DURATION, SHALL BE ISSUED BY THE DEPARTMENT TO ELIGIBLE  APPLICANTS,
 AS FOLLOWS:
   1. THE FOLLOWING PERSONS SHALL BE ELIGIBLE FOR A LIMITED PERMIT:
   A.  AN  OCCUPATIONAL  THERAPIST WHO HAS GRADUATED FROM AN OCCUPATIONAL
 THERAPY CURRICULUM WITH A BACCALAUREATE DEGREE OR CERTIFICATE IN OCCUPA-
 TIONAL THERAPY WHICH IS  SUBSTANTIALLY  EQUIVALENT  TO  A  BACCALAUREATE
 DEGREE  SATISFACTORY TO THE BOARD AND IN ACCORDANCE WITH THE COMMISSION-
 ER'S REGULATIONS; OR
   B. A FOREIGN OCCUPATIONAL THERAPIST WHO IS IN THIS COUNTRY ON  A  NON-
 IMMIGRATION  VISA  FOR  THE  CONTINUATION OF OCCUPATIONAL THERAPY STUDY,
 PURSUANT TO THE EXCHANGE STUDENT PROGRAM OF THE UNITED STATES DEPARTMENT
 OF STATE.
   C. AN OCCUPATIONAL THERAPY ASSISTANT WHO HAS GRADUATED FROM AN ACCRED-
 ITED OCCUPATIONAL  THERAPY  ASSISTANT  CURRICULUM  WITH  AN  ASSOCIATE'S
 DEGREE  SATISFACTORY TO THE BOARD OF OCCUPATIONAL THERAPY AND IN ACCORD-
 ANCE WITH THE COMMISSIONER'S REGULATIONS.
   2. A LIMITED PERMITTEE SHALL BE AUTHORIZED  TO  PRACTICE  OCCUPATIONAL
 THERAPY, OR IN THE CASE OF A LIMITED PERMIT ISSUED PURSUANT TO PARAGRAPH
 C  OF SUBDIVISION ONE OF THIS SECTION, ONLY UNDER THE DIRECT SUPERVISION
 OF A LICENSED OCCUPATIONAL THERAPIST OR A LICENSED PHYSICIAN  AND  SHALL
 PRACTICE  ONLY  IN  A PUBLIC, VOLUNTARY, OR PROPRIETARY HOSPITAL, HEALTH
 CARE AGENCY OR IN A PRESCHOOL OR AN ELEMENTARY OR SECONDARY  SCHOOL  FOR
 S. 4007--A                         426                        A. 3007--A
 
 THE PURPOSE OF PROVIDING OCCUPATIONAL THERAPY AS A RELATED SERVICE FOR A
 HANDICAPPED  CHILD.  FOR PURPOSES OF THIS SUBDIVISION, SUPERVISION OF AN
 INDIVIDUAL WITH A LIMITED PERMIT TO PRACTICE OCCUPATIONAL THERAPY ISSUED
 BY  THE DEPARTMENT SHALL BE DIRECT SUPERVISION AS DEFINED BY THE COMMIS-
 SIONER'S REGULATIONS.
   3. A LIMITED PERMIT SHALL BE VALID FOR ONE YEAR. A LIMITED PERMIT  MAY
 BE  RENEWED  ONCE FOR A PERIOD NOT TO EXCEED ONE ADDITIONAL YEAR, AT THE
 DISCRETION OF THE DEPARTMENT, UPON  THE  SUBMISSION  OF  AN  EXPLANATION
 SATISFACTORY  TO  THE  DEPARTMENT  FOR  AN APPLICANT'S FAILURE TO BECOME
 LICENSED WITHIN THE ORIGINAL ONE-YEAR PERIOD.
   4. THE FEE FOR A LIMITED PERMIT SHALL BE SEVENTY DOLLARS.
   § 7906. EXEMPT PERSONS. THIS TITLE SHALL NOT BE CONSTRUED TO AFFECT OR
 PREVENT THE FOLLOWING, PROVIDED THAT NO  TITLE,  SIGN,  CARD  OR  DEVICE
 SHALL  BE  USED  IN SUCH MANNER AS TO TEND TO CONVEY THE IMPRESSION THAT
 THE PERSON RENDERING SUCH SERVICE IS A LICENSED OCCUPATIONAL THERAPIST:
   1. A LICENSED PHYSICIAN FROM PRACTICING HIS OR  HER  PROFESSION  UNDER
 TITLE ONE AND TITLE TWO OF THIS ARTICLE.
   2.   QUALIFIED   MEMBERS  OF  OTHER  LICENSED  OR  LEGALLY  RECOGNIZED
 PROFESSIONS FROM PERFORMING WORK INCIDENTAL TO  THE  PRACTICE  OF  THEIR
 PROFESSION,  EXCEPT  THAT SUCH PERSONS MAY NOT HOLD THEMSELVES OUT UNDER
 THE TITLE OCCUPATIONAL THERAPIST OR AS PERFORMING OCCUPATIONAL THERAPY.
   3. A STUDENT FROM ENGAGING IN CLINICAL PRACTICE AS PART OF AN  ACCRED-
 ITED  PROGRAM  IN OCCUPATIONAL THERAPY, PURSUANT TO SUBDIVISION THREE OF
 SECTION SEVENTY-NINE HUNDRED FOUR OF THIS TITLE.
   4. AN OCCUPATIONAL THERAPY ASSISTANT STUDENT FROM ENGAGING IN CLINICAL
 PRACTICE UNDER THE DIRECTION AND SUPERVISION OF AN  OCCUPATIONAL  THERA-
 PIST  OR  AN OCCUPATIONAL THERAPY ASSISTANT WHO IS UNDER THE SUPERVISION
 OF AN OCCUPATIONAL THERAPIST, AS  PART  OF  AN  ACCREDITED  OCCUPATIONAL
 THERAPY ASSISTANT PROGRAM, AS DEFINED BY THE COMMISSIONER AND IN ACCORD-
 ANCE WITH THE COMMISSIONER'S REGULATIONS.
   5.  THE  CARE  OF  THE  SICK  BY  ANY  PERSON, PROVIDED SUCH PERSON IS
 EMPLOYED PRIMARILY IN A DOMESTIC CAPACITY. THIS SHALL NOT AUTHORIZE  THE
 TREATMENT  OF  PATIENTS  IN A HOME CARE SERVICE OF ANY HOSPITAL, CLINIC,
 INSTITUTION OR AGENCY.
   6. AN EMPLOYEE OF A FEDERAL AGENCY FROM USING THE TITLE OR  PRACTICING
 AS  AN OCCUPATIONAL THERAPIST INSOFAR AS SUCH ACTIVITIES ARE REQUIRED BY
 HIS OR HER SALARIED POSITION AND THE USE OF SUCH TITLE SHALL BE  LIMITED
 TO SUCH EMPLOYMENT.
   7. THE FOLLOWING PEOPLE FROM WORKING UNDER THE DIRECT SUPERVISION OF A
 LICENSED  OCCUPATIONAL THERAPIST: AN INDIVIDUAL EMPLOYED BY THE STATE OR
 MUNICIPAL GOVERNMENT  UPON  THE  EFFECTIVE  DATE  OF  THIS  SECTION  WHO
 PERFORMS SUPPORTIVE SERVICES IN OCCUPATIONAL THERAPY SOLELY FOR THE TIME
 SUCH PERSON CONTINUES IN SUCH EMPLOYMENT.
   8. ANY OCCUPATIONAL THERAPIST WHO IS LICENSED IN ANOTHER STATE, UNITED
 STATES  POSSESSION  OR  COUNTRY OR WHO HAS RECEIVED AT LEAST A BACCALAU-
 REATE DEGREE OR ITS EQUIVALENT IN OCCUPATIONAL THERAPY AND WHO IS EITHER
 IN THIS STATE FOR THE PURPOSES OF:
   A. CONSULTATION, PROVIDED SUCH PRACTICE IS LIMITED TO  SUCH  CONSULTA-
 TION;
   B.  AN  OCCUPATIONAL THERAPIST AUTHORIZED TO PRACTICE IN ANOTHER STATE
 OR  COUNTRY  FROM  CONDUCTING  A  TEACHING  CLINICAL  DEMONSTRATION   IN
 CONNECTION  WITH  A PROGRAM OF BASIC CLINICAL EDUCATION, GRADUATE EDUCA-
 TION OR POST GRADUATE EDUCATION IN AN APPROVED  SCHOOL  OF  OCCUPATIONAL
 THERAPY  OR  ITS  AFFILIATED  CLINICAL FACILITY OR HEALTH CARE AGENCY OR
 BEFORE A GROUP OF LICENSED OCCUPATIONAL THERAPISTS; OR
 S. 4007--A                         427                        A. 3007--A
 
   C. BECAUSE HE OR SHE RESIDES NEAR A BORDER  OF  THIS  STATE,  PROVIDED
 SUCH  PRACTICE  IS  LIMITED IN THIS STATE TO THE VICINITY OF SUCH BORDER
 AND SAID OCCUPATIONAL THERAPIST DOES NOT MAINTAIN AN OFFICE OR PLACE  TO
 MEET PATIENTS OR RECEIVE CALLS IN THIS STATE.
   § 7907. SPECIAL CONDITIONS. 1. A PERSON WHO UPON THE EFFECTIVE DATE OF
 THIS TITLE:
   A.  SUBMITS  EVIDENCE  OF  A MINIMUM OF THREE YEARS OF EXPERIENCE WITH
 TRAINING SATISFACTORY TO  THE  BOARD  IN  OCCUPATIONAL  THERAPY  AND  IN
 ACCORDANCE WITH THE REGULATIONS OF THE COMMISSIONER; OR
   B.  A  BACCALAUREATE DEGREE OR ITS EQUIVALENT IN OCCUPATIONAL THERAPY,
 SHALL BE LICENSED UPON THE FILING OF AN APPLICATION WITH THE  DEPARTMENT
 WITHIN SIX MONTHS OF THE EFFECTIVE DATE OF THIS TITLE.
   2.  A  PERSON  WHO  ON  THE  EFFECTIVE  DATE OF THIS SUBDIVISION HAS A
 CURRENT REGISTRATION WITH THE  DEPARTMENT  AS  AN  OCCUPATIONAL  THERAPY
 ASSISTANT,  IF  SUCH  PERSON MEETS THE REQUIREMENTS FOR A LICENSE ESTAB-
 LISHED WITHIN THIS TITLE, EXCEPT FOR EXAMINATION, THE  DEPARTMENT  SHALL
 ISSUE A LICENSE WITHOUT EXAMINATION.
   §  7908.  MANDATORY CONTINUING COMPETENCY. 1. A. EACH LICENSED OCCUPA-
 TIONAL THERAPIST AND OCCUPATIONAL THERAPY ASSISTANT REQUIRED UNDER  THIS
 TITLE  TO  REGISTER  TRIENNIALLY  WITH THE DEPARTMENT TO PRACTICE IN THE
 STATE SHALL COMPLY WITH  THE  PROVISIONS  OF  THE  MANDATORY  CONTINUING
 COMPETENCY  REQUIREMENTS  PRESCRIBED IN SUBDIVISION TWO OF THIS SECTION,
 EXCEPT AS PROVIDED IN PARAGRAPHS B AND C OF THIS SUBDIVISION.    OCCUPA-
 TIONAL THERAPISTS AND OCCUPATIONAL THERAPY ASSISTANTS WHO DO NOT SATISFY
 THE MANDATORY CONTINUING COMPETENCY REQUIREMENTS SHALL NOT BE AUTHORIZED
 TO  PRACTICE  UNTIL  THEY HAVE MET SUCH REQUIREMENTS, AND THEY HAVE BEEN
 ISSUED A REGISTRATION CERTIFICATE, EXCEPT THAT AN OCCUPATIONAL THERAPIST
 OR OCCUPATIONAL THERAPY ASSISTANT MAY PRACTICE WITHOUT HAVING  MET  SUCH
 REQUIREMENTS  IF HE OR SHE IS ISSUED A CONDITIONAL REGISTRATION PURSUANT
 TO SUBDIVISION THREE OF THIS SECTION.
   B. OCCUPATIONAL THERAPISTS AND OCCUPATIONAL THERAPY  ASSISTANTS  SHALL
 BE  EXEMPT  FROM THE MANDATORY CONTINUING COMPETENCY REQUIREMENT FOR THE
 TRIENNIAL REGISTRATION PERIOD DURING  WHICH  THEY  ARE  FIRST  LICENSED.
 ADJUSTMENT  TO  THE  MANDATORY CONTINUING COMPETENCY REQUIREMENTS MAY BE
 GRANTED BY THE DEPARTMENT FOR REASONS OF HEALTH OF  THE  LICENSEE  WHERE
 CERTIFIED  BY  AN  APPROPRIATE  HEALTH  CARE  PROFESSIONAL, FOR EXTENDED
 ACTIVE DUTY WITH THE ARMED FORCES OF THE UNITED  STATES,  OR  FOR  OTHER
 GOOD CAUSE ACCEPTABLE TO THE DEPARTMENT WHICH MAY PREVENT COMPLIANCE.
   C. A LICENSED OCCUPATIONAL THERAPIST OR OCCUPATIONAL THERAPY ASSISTANT
 NOT  ENGAGED  IN  PRACTICE,  AS  DETERMINED  BY THE DEPARTMENT, SHALL BE
 EXEMPT FROM THE MANDATORY CONTINUING  COMPETENCY  REQUIREMENT  UPON  THE
 FILING  OF  A  STATEMENT  WITH THE DEPARTMENT DECLARING SUCH STATUS. ANY
 LICENSEE WHO RETURNS TO THE PRACTICE OF OCCUPATIONAL THERAPY DURING  THE
 TRIENNIAL REGISTRATION PERIOD SHALL NOTIFY THE DEPARTMENT PRIOR TO REEN-
 TERING THE PROFESSION AND SHALL MEET SUCH MANDATORY CONTINUING COMPETEN-
 CY REQUIREMENTS AS SHALL BE PRESCRIBED BY REGULATIONS OF THE COMMISSION-
 ER.
   2.  A.  DURING  EACH  TRIENNIAL  REGISTRATION  PERIOD AN APPLICANT FOR
 REGISTRATION AS AN OCCUPATIONAL THERAPIST SHALL COMPLETE  A  MINIMUM  OF
 THIRTY-SIX  HOURS  OF LEARNING ACTIVITIES WHICH CONTRIBUTE TO CONTINUING
 COMPETENCE, AS SPECIFIED IN SUBDIVISION FOUR OF THIS  SECTION,  PROVIDED
 FURTHER  THAT  AT  LEAST  TWENTY-FOUR  HOURS  SHALL BE IN AREAS OF STUDY
 PERTINENT TO THE SCOPE OF PRACTICE OF  OCCUPATIONAL  THERAPY.  WITH  THE
 EXCEPTION  OF  CONTINUING  EDUCATION HOURS TAKEN DURING THE REGISTRATION
 PERIOD IMMEDIATELY PRECEDING THE EFFECTIVE DATE OF THIS SECTION, CONTIN-
 S. 4007--A                         428                        A. 3007--A
 
 UING EDUCATION HOURS TAKEN DURING ONE TRIENNIUM SHALL NOT BE TRANSFERRED
 TO A SUBSEQUENT TRIENNIUM.
   B.  DURING  EACH TRIENNIAL REGISTRATION PERIOD AN APPLICANT FOR REGIS-
 TRATION AS AN OCCUPATIONAL THERAPY ASSISTANT SHALL COMPLETE A MINIMUM OF
 THIRTY-SIX HOURS OF LEARNING ACTIVITIES WHICH CONTRIBUTE  TO  CONTINUING
 COMPETENCE  AS  SPECIFIED  IN SUBDIVISION FOUR OF THIS SECTION, PROVIDED
 FURTHER THAT AT LEAST TWENTY-FOUR HOURS SHALL BE IN RECOGNIZED AREAS  OF
 STUDY  PERTINENT  TO  THE  LICENSEE'S  PROFESSIONAL SCOPE OF PRACTICE OF
 OCCUPATIONAL THERAPY.  WITH THE EXCEPTION OF CONTINUING EDUCATION  HOURS
 TAKEN DURING THE REGISTRATION PERIOD IMMEDIATELY PRECEDING THE EFFECTIVE
 DATE OF THIS SECTION, CONTINUING EDUCATION HOURS TAKEN DURING ONE TRIEN-
 NIUM SHALL NOT BE TRANSFERRED TO A SUBSEQUENT TRIENNIUM.
   C.  ANY OCCUPATIONAL THERAPIST OR OCCUPATIONAL THERAPY ASSISTANT WHOSE
 FIRST REGISTRATION DATE FOLLOWING THE EFFECTIVE  DATE  OF  THIS  SECTION
 OCCURS  LESS  THAN  THREE YEARS FROM SUCH EFFECTIVE DATE BUT ON OR AFTER
 JANUARY FIRST, TWO THOUSAND THIRTEEN, SHALL COMPLETE  CONTINUING  COMPE-
 TENCY  HOURS  ON A PRORATED BASIS AT THE RATE OF ONE-HALF HOUR PER MONTH
 FOR THE PERIOD BEGINNING JANUARY FIRST, TWO THOUSAND THIRTEEN UP TO  THE
 FIRST REGISTRATION DATE.
   D. THEREAFTER, A LICENSEE WHO HAS NOT SATISFIED THE MANDATORY CONTINU-
 ING COMPETENCY REQUIREMENTS SHALL NOT BE ISSUED A TRIENNIAL REGISTRATION
 CERTIFICATE  BY THE DEPARTMENT AND SHALL NOT PRACTICE UNLESS AND UNTIL A
 CONDITIONAL REGISTRATION CERTIFICATE IS ISSUED AS PROVIDED FOR IN SUBDI-
 VISION THREE OF THIS SECTION.
   3. THE DEPARTMENT, IN ITS DISCRETION, MAY ISSUE A  CONDITIONAL  REGIS-
 TRATION  TO  A  LICENSEE  WHO  FAILS  TO  MEET THE CONTINUING COMPETENCY
 REQUIREMENTS ESTABLISHED IN SUBDIVISION TWO OF  THIS  SECTION,  BUT  WHO
 AGREES  TO MAKE UP ANY DEFICIENCIES AND COMPLETE ANY ADDITIONAL LEARNING
 ACTIVITIES WHICH THE DEPARTMENT MAY REQUIRE. THE FEE FOR SUCH  A  CONDI-
 TIONAL  REGISTRATION  SHALL  BE THE SAME AS, AND IN ADDITION TO, THE FEE
 FOR THE TRIENNIAL REGISTRATION.  THE DURATION OF SUCH CONDITIONAL REGIS-
 TRATION SHALL BE DETERMINED BY THE DEPARTMENT BUT SHALL NOT  EXCEED  ONE
 YEAR.  ANY  LICENSEE  WHO  IS NOTIFIED OF THE DENIAL OF REGISTRATION FOR
 FAILURE TO SUBMIT EVIDENCE, SATISFACTORY TO THE DEPARTMENT, OF  REQUIRED
 CONTINUING COMPETENCY LEARNING ACTIVITIES AND WHO PRACTICES WITHOUT SUCH
 REGISTRATION,  MAY  BE  SUBJECT  TO DISCIPLINARY PROCEEDINGS PURSUANT TO
 SECTION SIXTY-FIVE HUNDRED TEN OF THIS ARTICLE.
   4. AS USED IN SUBDIVISION TWO OF THIS  SECTION,  "ACCEPTABLE  LEARNING
 ACTIVITIES" SHALL MEAN ACTIVITIES WHICH CONTRIBUTE TO PROFESSIONAL PRAC-
 TICE IN OCCUPATIONAL THERAPY, AND WHICH MEET THE STANDARDS PRESCRIBED IN
 THE  REGULATIONS  OF  THE  COMMISSIONER.  SUCH LEARNING ACTIVITIES SHALL
 INCLUDE, BUT NOT BE LIMITED TO, COLLEGIATE LEVEL CREDIT  AND  NON-CREDIT
 COURSES,  SELF-STUDY  ACTIVITIES,  INDEPENDENT  STUDY,  FORMAL MENTORING
 ACTIVITIES, PUBLICATIONS IN PROFESSIONAL JOURNALS, PROFESSIONAL DEVELOP-
 MENT PROGRAMS AND TECHNICAL SESSIONS; SUCH LEARNING  ACTIVITIES  MAY  BE
 OFFERED  AND SPONSORED BY NATIONAL, STATE AND LOCAL PROFESSIONAL ASSOCI-
 ATIONS AND OTHER ORGANIZATIONS OR PARTIES ACCEPTABLE TO THE  DEPARTMENT,
 AND  ANY  OTHER  ORGANIZED EDUCATIONAL AND TECHNICAL LEARNING ACTIVITIES
 ACCEPTABLE TO THE DEPARTMENT. THE DEPARTMENT MAY, IN ITS DISCRETION  AND
 AS NEEDED TO CONTRIBUTE TO THE HEALTH AND WELFARE OF THE PUBLIC, REQUIRE
 THE  COMPLETION OF CONTINUING COMPETENCY LEARNING ACTIVITIES IN SPECIFIC
 SUBJECTS TO FULFILL THIS MANDATORY  CONTINUING  COMPETENCY  REQUIREMENT.
 LEARNING  ACTIVITIES  SHALL  BE  TAKEN  FROM  A  SPONSOR APPROVED BY THE
 DEPARTMENT, PURSUANT TO THE REGULATIONS OF THE COMMISSIONER.
   5. OCCUPATIONAL THERAPISTS AND OCCUPATIONAL THERAPY  ASSISTANTS  SHALL
 MAINTAIN ADEQUATE DOCUMENTATION OF COMPLETION OF A. A LEARNING PLAN THAT
 S. 4007--A                         429                        A. 3007--A
 
 SHALL  RECORD  CURRENT  AND  ANTICIPATED  ROLES AND RESPONSIBILITIES BUT
 SHALL NOT REQUIRE THE RECORDS  OF  PEER  REVIEW  OR  SELF-ASSESSMENT  OF
 COMPETENCIES,  AND  B.  ACCEPTABLE CONTINUING COMPETENCY LEARNING ACTIV-
 ITIES AND SHALL PROVIDE SUCH DOCUMENTATION AT THE REQUEST OF THE DEPART-
 MENT.  FAILURE TO PROVIDE SUCH DOCUMENTATION UPON REQUEST OF THE DEPART-
 MENT  SHALL  BE  AN  ACT  OF  MISCONDUCT  SUBJECT  TO  THE  DISCIPLINARY
 PROCEEDINGS PURSUANT TO SECTION SIXTY-FIVE HUNDRED TEN OF THIS TITLE.
   6. THE MANDATORY CONTINUING COMPETENCY FEE SHALL BE FORTY-FIVE DOLLARS
 FOR  OCCUPATIONAL  THERAPISTS  AND  TWENTY-FIVE DOLLARS FOR OCCUPATIONAL
 THERAPY ASSISTANTS, SHALL BE PAYABLE ON OR BEFORE THE FIRST DAY OF  EACH
 TRIENNIAL  REGISTRATION  PERIOD,  AND  SHALL  BE PAID IN ADDITION TO THE
 TRIENNIAL REGISTRATION FEE REQUIRED BY SECTION SEVENTY-NINE HUNDRED FOUR
 OF THIS TITLE.
 
                                 TITLE 21
                          DIETETICS AND NUTRITION
 SECTION 8000. INTRODUCTION.
         8001. DEFINITIONS.
         8002. USE OF TITLES.
         8003. STATE BOARD FOR DIETETICS AND NUTRITION.
         8004. REQUIREMENTS FOR CERTIFICATION.
         8005. SPECIAL PROVISIONS.
         8006. SPECIAL CONDITIONS.
   § 8000. INTRODUCTION. THIS TITLE APPLIES TO  THE  USE  OF  THE  TITLES
 "CERTIFIED   DIETITIAN"   AND   "CERTIFIED  NUTRITIONIST".  THE  GENERAL
 PROVISION FOR ALL PROFESSIONS CONTAINED IN TITLE  ONE  OF  THIS  ARTICLE
 SHALL APPLY TO THIS TITLE.
   §  8001.  DEFINITIONS.  1. DIETETICS AND NUTRITION ARE EACH DEFINED IN
 THIS SECTION AS THE INTEGRATION AND APPLICATION  OF  PRINCIPLES  DERIVED
 FROM  THE  SCIENCES OF NUTRITION, BIOCHEMISTRY, PHYSIOLOGY, FOOD MANAGE-
 MENT AND BEHAVIORAL AND SOCIAL SCIENCES TO ACHIEVE AND MAINTAIN PEOPLE'S
 HEALTH.
   2. WHERE THE TITLE "CERTIFIED DIETITIAN" OR  "CERTIFIED  NUTRITIONIST"
 IS  USED IN THIS ARTICLE IT SHALL MEAN "CERTIFIED DIETITIAN", "CERTIFIED
 DIETICIAN", OR "CERTIFIED NUTRITIONIST".
   3. A CERTIFIED DIETITIAN OR CERTIFIED NUTRITIONIST IS ONE WHO  ENGAGES
 IN  THE  INTEGRATION  AND  APPLICATION  OF  PRINCIPLES  DERIVED FROM THE
 SCIENCES OF NUTRITION, BIOCHEMISTRY,  PHYSIOLOGY,  FOOD  MANAGEMENT  AND
 BEHAVIORAL  AND SOCIAL SCIENCES TO ACHIEVE AND MAINTAIN PEOPLE'S HEALTH,
 AND WHO IS CERTIFIED AS SUCH BY THE DEPARTMENT PURSUANT TO SECTION EIGHT
 THOUSAND FOUR OF THIS TITLE. THE PRIMARY FUNCTION OF A CERTIFIED  DIETI-
 TIAN  OR  CERTIFIED  NUTRITIONIST  IS  THE  PROVISION  OF NUTRITION CARE
 SERVICES THAT SHALL INCLUDE:
   A. ASSESSING NUTRITION NEEDS AND FOOD PATTERNS;
   B. PLANNING FOR AND DIRECTING THE PROVISION OF  FOOD  APPROPRIATE  FOR
 PHYSICAL AND NUTRITION NEEDS; AND
   C. PROVIDING NUTRITION COUNSELING.
   §  8002. USE OF TITLES. ONLY A PERSON CERTIFIED UNDER THIS TITLE SHALL
 BE AUTHORIZED TO USE THE TITLE "CERTIFIED DIETITIAN", "CERTIFIED  DIETI-
 CIAN", OR "CERTIFIED NUTRITIONIST".
   §  8003. STATE BOARD FOR DIETETICS AND NUTRITION. 1. A STATE BOARD FOR
 DIETETICS AND NUTRITION SHALL BE APPOINTED BY THE COMMISSIONER, FOR  THE
 PURPOSE  OF  ASSISTING  THE  DEPARTMENT  ON MATTERS OF CERTIFICATION AND
 PROFESSIONAL CONDUCT IN ACCORDANCE WITH SECTION SIXTY-FIVE HUNDRED EIGHT
 OF THIS ARTICLE.
 S. 4007--A                         430                        A. 3007--A

   2. THE BOARD SHALL CONSIST OF NOT LESS THAN THIRTEEN MEMBERS,  TEN  OF
 WHOM  SHALL  BE  CERTIFIED DIETITIANS OR CERTIFIED NUTRITIONISTS, EXCEPT
 THAT THE MEMBERS OF THE FIRST BOARD NEED NOT BE CERTIFIED BUT  SHALL  BE
 PERSONS  WHO ARE ELIGIBLE FOR CERTIFICATION UNDER THE PROVISIONS OF THIS
 TITLE  PRIOR  TO  THEIR  APPOINTMENT TO THE BOARD. THE FIRST BOARD, WITH
 RESPECT TO MEMBERS REPRESENTING THE PROFESSION, SHALL  CONSIST  OF  FIVE
 MEMBERS  REGISTERED  BY A NATIONAL DIETETIC ASSOCIATION HAVING REGISTRA-
 TION STANDARDS ACCEPTABLE TO THE DEPARTMENT AND  FIVE  MEMBERS  WHO  ARE
 MEMBERS  OF  OR  REGISTERED BY A NATIONAL NUTRITIONAL ASSOCIATION HAVING
 MEMBERSHIP AND/OR REGISTRATION STANDARDS ACCEPTABLE TO  THE  DEPARTMENT.
 THEREAFTER,  MEMBERS  OF THE PROFESSION APPOINTED TO SUCH BOARD SHALL BE
 CERTIFIED PURSUANT TO THIS TITLE. TO THE EXTENT REASONABLE, THE  DEPART-
 MENT  SHOULD INSURE THE STATE BOARD IS BROADLY REPRESENTATIVE OF VARIOUS
 PROFESSIONAL INTERESTS WITHIN THE DIETETIC  AND  NUTRITIONAL  COMMUNITY.
 THREE  MEMBERS SHALL BE REPRESENTATIVES OF THE GENERAL PUBLIC. AN EXECU-
 TIVE SECRETARY TO THE BOARD SHALL BE APPOINTED BY THE COMMISSIONER.
   § 8004. REQUIREMENTS FOR CERTIFICATION. TO QUALIFY FOR  CERTIFICATION,
 AN APPLICANT SHALL FULFILL THE FOLLOWING REQUIREMENTS:
   1. FILE AN APPLICATION WITH THE DEPARTMENT;
   2. A. (I) HAVE RECEIVED AN EDUCATION INCLUDING A BACHELOR'S DEGREE, OR
 ITS  EQUIVALENT  AS DETERMINED BY THE DEPARTMENT, IN DIETETICS/NUTRITION
 OR AN EQUIVALENT MAJOR COURSE OF STUDY WHICH SHALL  INCLUDE  APPROPRIATE
 CORE  CURRICULUM  COURSES  IN  DIETETICS/NUTRITION  FROM  AN  ACCREDITED
 COLLEGE OR UNIVERSITY AS APPROVED BY THE DEPARTMENT, IN ACCORDANCE  WITH
 THE COMMISSIONER'S REGULATIONS; AND
   (II)  HAVE  COMPLETED  A PLANNED, CONTINUOUS, EXPERIENCE COMPONENT, IN
 ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS, IN DIETETIC OR NUTRITION
 PRACTICE UNDER THE SUPERVISION OF A  CERTIFIED  DIETITIAN  OR  CERTIFIED
 NUTRITIONIST OR A DIETITIAN OR NUTRITIONIST WHO IS REGISTERED BY OR IS A
 MEMBER  OF A NATIONAL DIETETIC ASSOCIATION OR NATIONAL NUTRITION ASSOCI-
 ATION HAVING REGISTRATION OR  MEMBERSHIP  STANDARDS  ACCEPTABLE  TO  THE
 DEPARTMENT;  SUCH  EXPERIENCE  SHALL BE SATISFACTORY TO THE BOARD AND IN
 ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS; OR
   B. (I) HAVE RECEIVED AN EDUCATION INCLUDING AN  ASSOCIATES  DEGREE  IN
 DIETETICS OR NUTRITION ACCEPTABLE TO THE DEPARTMENT;
   (II)  IN THE LAST FIFTEEN YEARS HAVE COMPLETED TEN YEARS OF EXPERIENCE
 AND EDUCATION IN THE FIELD OF DIETETICS OR NUTRITION SATISFACTORY TO THE
 BOARD IN ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS. THESE TEN YEARS
 MUST BE THE FULL TIME EQUIVALENT OF ANY COMBINATION  OF  POST  SECONDARY
 DIETETIC  OR  NUTRITION EDUCATION AND DIETETIC OR NUTRITION WORK EXPERI-
 ENCE SATISFACTORY TO THE BOARD IN  ACCORDANCE  WITH  THE  COMMISSIONER'S
 REGULATIONS; AND
   (III)  HAVE OBTAINED THE ENDORSEMENT OF THREE DIETITIANS OR NUTRITION-
 ISTS ACCEPTABLE TO THE DEPARTMENT;
   3. PASS AN EXAMINATION SATISFACTORY TO THE  BOARD  AND  IN  ACCORDANCE
 WITH  THE  COMMISSIONER'S  REGULATIONS;  PROVIDED  THAT SUCH EXAMINATION
 SHALL TEST A LEVEL  OF  KNOWLEDGE  AND  EXPERIENCE  EQUIVALENT  TO  THAT
 OBTAINED  BY  AN  INDIVIDUAL  SATISFACTORILY MEETING THE REQUIREMENTS OF
 PARAGRAPH A OF SUBDIVISION TWO OF THIS SECTION;
   4. PAY A FEE OF ONE HUNDRED SEVENTY-FIVE DOLLARS TO THE DEPARTMENT FOR
 ADMISSION TO A DEPARTMENT CONDUCTED EXAMINATION AND FOR INITIAL  CERTIF-
 ICATION,  A  FEE OF EIGHTY-FIVE DOLLARS FOR EACH REEXAMINATION, A FEE OF
 ONE HUNDRED FIFTEEN DOLLARS FOR AN INITIAL CERTIFICATION FOR PERSONS NOT
 REQUIRING ADMISSION TO A DEPARTMENT CONDUCTED EXAMINATION, A FEE OF  ONE
 HUNDRED FIFTY-FIVE DOLLARS FOR EACH TRIENNIAL REGISTRATION PERIOD; AND
   5. BE AT LEAST EIGHTEEN YEARS OF AGE.
 S. 4007--A                         431                        A. 3007--A
 
   §  8005.  SPECIAL PROVISIONS. NOTHING CONTAINED IN THIS TITLE SHALL BE
 DEEMED TO ALTER, MODIFY OR IMPAIR ANY CONDITIONS OF EMPLOYMENT  RELATING
 TO  SERVICE  IN THE FEDERAL GOVERNMENT, THE STATE OF NEW YORK, ITS POLI-
 TICAL SUBDIVISIONS, INCLUDING SCHOOL DISTRICTS, OR SPECIAL DISTRICTS AND
 AUTHORITIES  OR ANY FACILITIES OR INSTITUTIONS UNDER THE JURISDICTION OF
 OR SUBJECT TO THE CERTIFICATION OF ANY AGENCY OF THE STATE OF  NEW  YORK
 OR ITS POLITICAL SUBDIVISIONS.
   §  8006. SPECIAL CONDITIONS. A PERSON SHALL BE CERTIFIED WITHOUT EXAM-
 INATION PROVIDED THAT, WITHIN THREE YEARS OF THE EFFECTIVE DATE OF  THIS
 TITLE, THE INDIVIDUAL:
   1.  FILES  AN APPLICATION AND PAYS THE APPROPRIATE FEES TO THE DEPART-
 MENT; AND
   2. A. IS REGISTERED AS A DIETITIAN OR NUTRITIONIST BY A NATIONAL DIET-
 ETIC OR NATIONAL NUTRITION  ASSOCIATION  HAVING  REGISTRATION  STANDARDS
 ACCEPTABLE TO THE DEPARTMENT;
   B. MEETS THE REQUIREMENTS OF SUBPARAGRAPH ONE OF PARAGRAPH A OF SUBDI-
 VISION  TWO  AND SUBDIVISION FIVE OF SECTION EIGHT THOUSAND FOUR OF THIS
 TITLE AND HAS BEEN ACTIVELY ENGAGED IN THE PROVISION OF  NUTRITION  CARE
 SERVICES  FOR A MINIMUM OF THREE YEARS DURING THE FIVE YEARS IMMEDIATELY
 PRECEDING THE EFFECTIVE DATE OF THIS TITLE; OR
   C. MEETS ALL THE REQUIREMENTS OF PARAGRAPH B OF  SUBDIVISION  TWO  AND
 SUBDIVISION FIVE OF SECTION EIGHT THOUSAND FOUR OF THIS TITLE.
 
                                 TITLE 22
               SPEECH-LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS
 SECTION 8100. INTRODUCTION.
         8101. DEFINITION OF PRACTICE OF SPEECH-LANGUAGE PATHOLOGY.
         8102. PRACTICE OF SPEECH-LANGUAGE PATHOLOGY.
         8103. DEFINITION OF PRACTICE OF AUDIOLOGY.
         8104. PRACTICE OF AUDIOLOGY.
         8105. STATE BOARD FOR SPEECH-LANGUAGE PATHOLOGY AND AUDIOLOGY.
         8106. REQUIREMENTS FOR A PROFESSIONAL LICENSE.
         8106-A. LIMITED LICENSE.
         8107. EXEMPT PERSONS.
         8108. SPECIAL PROVISIONS.
         8109. MANDATORY CONTINUING COMPETENCY.
   § 8100. INTRODUCTION. THIS TITLE APPLIES TO THE PROFESSIONS OF SPEECH-
 LANGUAGE  PATHOLOGY  AND  AUDIOLOGY.  THE  GENERAL  PROVISIONS  FOR  ALL
 PROFESSIONS CONTAINED IN TITLE ONE OF THIS ARTICLE APPLY TO THIS TITLE.
   § 8101. DEFINITION OF PRACTICE OF SPEECH-LANGUAGE PATHOLOGY. THE PRAC-
 TICE OF THE PROFESSION  OF  SPEECH-LANGUAGE  PATHOLOGY  SHALL  MEAN  THE
 APPLICATION  OF  PRINCIPLES,  METHODS  AND  PROCEDURES  OF  MEASUREMENT,
 PREDICTION, NON-MEDICAL DIAGNOSIS, TESTING,  COUNSELLING,  CONSULTATION,
 REHABILITATION  AND INSTRUCTION RELATED TO THE DEVELOPMENT AND DISORDERS
 OF SPEECH,  VOICE,  SWALLOWING,  AND/OR  LANGUAGE  FOR  THE  PURPOSE  OF
 PREVENTING,  AMELIORATING OR MODIFYING SUCH DISORDER CONDITIONS IN INDI-
 VIDUALS AND/OR GROUPS OF INDIVIDUALS.
   § 8102. PRACTICE OF SPEECH-LANGUAGE PATHOLOGY. ONLY A PERSON  LICENSED
 OR  OTHERWISE AUTHORIZED UNDER THIS TITLE SHALL PRACTICE SPEECH-LANGUAGE
 PATHOLOGY OR USE THE TITLE OF SPEECH-LANGUAGE PATHOLOGIST.
   § 8103. DEFINITION OF PRACTICE  OF  AUDIOLOGY.  THE  PRACTICE  OF  THE
 PROFESSION  OF AUDIOLOGY SHALL MEAN THE APPLICATION OF PRINCIPLES, METH-
 ODS AND PROCEDURES OF MEASUREMENT,  TESTING,  EVALUATION,  CONSULTATION,
 COUNSELLING,  INSTRUCTION  AND HABILITATION OR REHABILITATION RELATED TO
 HEARING AND ITS DISORDERS, RELATED COMMUNICATION IMPAIRMENTS AND  VESTI-
 BULAR  DISORDERS  FOR  THE PURPOSE OF NON-MEDICAL DIAGNOSIS, PREVENTION,
 S. 4007--A                         432                        A. 3007--A
 
 IDENTIFICATION, AMELIORATION  OR  MODIFICATION  OF  SUCH  DISORDERS  AND
 CONDITIONS IN INDIVIDUALS AND/OR GROUPS OF INDIVIDUALS.
   §  8104.  PRACTICE  OF  AUDIOLOGY. ONLY A PERSON LICENSED OR OTHERWISE
 AUTHORIZED UNDER THIS TITLE SHALL PRACTICE AUDIOLOGY OR  USE  THE  TITLE
 AUDIOLOGIST.
   §  8105.  STATE  BOARD  FOR SPEECH-LANGUAGE PATHOLOGY AND AUDIOLOGY. A
 STATE  BOARD  FOR  SPEECH-LANGUAGE  PATHOLOGY  AND  AUDIOLOGY  SHALL  BE
 APPOINTED  BY  THE COMMISSIONER FOR THE PURPOSE OF ASSISTING THE DEPART-
 MENT ON MATTERS OF PROFESSIONAL LICENSING AND  PROFESSIONAL  CONDUCT  IN
 ACCORDANCE  WITH  SECTION  SIXTY-FIVE  HUNDRED  EIGHT OF THIS TITLE. THE
 BOARD SHALL CONSIST OF NOT LESS THAN SEVEN MEMBERS, THREE OF WHOM  SHALL
 BE  AUDIOLOGISTS AND FOUR OF WHOM SHALL BE SPEECH-LANGUAGE PATHOLOGISTS.
 EACH SPEECH-LANGUAGE PATHOLOGIST AND AUDIOLOGIST ON THE BOARD  SHALL  BE
 LICENSED  AND  HAVE  PRACTICED IN THIS STATE FOR AT LEAST FIVE YEARS, AS
 PROVIDED UNDER THIS TITLE EXCEPT THAT THE MEMBERS  OF  THE  FIRST  BOARD
 NEED  NOT BE LICENSED PRIOR TO THEIR APPOINTMENT TO THE BOARD. AN EXECU-
 TIVE SECRETARY TO THE BOARD SHALL BE APPOINTED BY THE COMMISSIONER.
   § 8106. REQUIREMENTS FOR A PROFESSIONAL  LICENSE.  TO  QUALIFY  FOR  A
 LICENSE  AS  A  SPEECH-LANGUAGE PATHOLOGIST OR AUDIOLOGIST, AN APPLICANT
 SHALL FULFILL THE FOLLOWING REQUIREMENTS:
   1. APPLICATION: FILE AN APPLICATION WITH THE DEPARTMENT;
   2. EDUCATION: HAVE OBTAINED AT LEAST A MASTERS DEGREE  IN  SPEECH-LAN-
 GUAGE PATHOLOGY AND/OR AUDIOLOGY OR ITS EQUIVALENT, AS DETERMINED BY THE
 DEPARTMENT, IN ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS;
   3.  EXPERIENCE:  HAVE  EXPERIENCE  SATISFACTORY  TO  THE  BOARD 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. FEES: PAY A FEE OF ONE HUNDRED FORTY DOLLARS TO THE DEPARTMENT  FOR
 ADMISSION  TO  A  DEPARTMENT  CONDUCTED  EXAMINATION  AND FOR AN INITIAL
 LICENSE, A FEE OF SEVENTY DOLLARS FOR EACH REEXAMINATION, A FEE  OF  ONE
 HUNDRED FIFTEEN DOLLARS FOR AN INITIAL LICENSE FOR PERSONS NOT REQUIRING
 ADMISSION  TO  A  DEPARTMENT  CONDUCTED  EXAMINATION,  AND  A FEE OF ONE
 HUNDRED FIFTY-FIVE DOLLARS FOR EACH TRIENNIAL REGISTRATION PERIOD.
   § 8106-A. LIMITED LICENSE. 1. THE DEPARTMENT  SHALL  ISSUE  A  LIMITED
 LICENSE  TO  AN APPLICANT FOR A LICENSE AS A SPEECH-LANGUAGE PATHOLOGIST
 WHO MEETS ALL REQUIREMENTS SET FORTH IN THIS SECTION.
   2. ANY PERSON ENGAGING IN CLINICAL  OR  ACADEMIC  PRACTICE  UNDER  THE
 SUPERVISION OF A LICENSED SPEECH-LANGUAGE PATHOLOGIST FOR SUCH PERIOD OF
 TIME  AS  MAY  BE  NECESSARY TO COMPLETE AN EXPERIENCE REQUIREMENT FOR A
 PROFESSIONAL LICENSE AS A SPEECH-LANGUAGE PATHOLOGIST SHALL BE  ELIGIBLE
 FOR A LIMITED LICENSE.
   3.  A LIMITED LICENSEE SHALL BE AUTHORIZED TO PRACTICE SPEECH-LANGUAGE
 PATHOLOGY ONLY UNDER  THE  SUPERVISION  OF  A  LICENSED  SPEECH-LANGUAGE
 PATHOLOGIST.
   4.  A  LIMITED  LICENSE SHALL BE VALID FOR ONE YEAR. IT MAY BE RENEWED
 FOR ADDITIONAL ONE YEAR PERIODS UNTIL SUCH TIME AS MAY BE  NECESSARY  TO
 COMPLETE  AN  EXPERIENCE  REQUIREMENT  FOR  A  PROFESSIONAL LICENSE AS A
 SPEECH-LANGUAGE PATHOLOGIST.
   5. THE FEE FOR A LIMITED LICENSE SHALL BE SEVENTY DOLLARS.
   § 8107. EXEMPT PERSONS. THIS TITLE SHALL NOT BE CONSTRUED AS PROHIBIT-
 ING:
 S. 4007--A                         433                        A. 3007--A
 
   1. THE PRACTICE OF ANY OTHER PROFESSIONS LICENSED OR REGISTERED  UNDER
 THIS TITLE.
   2.  ANY PERSON EMPLOYED BY THE FEDERAL, STATE OR A LOCAL GOVERNMENT OR
 BY A PUBLIC OR NON-PUBLIC ELEMENTARY OR SECONDARY SCHOOL OR AN  INSTITU-
 TION  OF HIGHER LEARNING FROM PERFORMING THE DUTIES OF A SPEECH-LANGUAGE
 PATHOLOGIST, AN AUDIOLOGIST, A TEACHER OF THE SPEECH AND  HEARING  HAND-
 ICAPPED, OR A TEACHER OF THE DEAF IN THE COURSE OF SUCH EMPLOYMENT.
   3. ANY PERSON FROM ENGAGING IN CLINICAL OR ACADEMIC PRACTICE UNDER THE
 SUPERVISION OF A LICENSED SPEECH-LANGUAGE PATHOLOGIST OR AUDIOLOGIST FOR
 SUCH  PERIOD  OF  TIME  AS  MAY  BE  NECESSARY TO COMPLETE AN EXPERIENCE
 REQUIREMENT FOR A PROFESSIONAL LICENSE, AS PROVIDED IN THIS TITLE AND IN
 RULES OR REGULATIONS APPROVED BY THE COMMISSIONER WITH THE ADVICE OF THE
 STATE BOARD FOR SPEECH-LANGUAGE PATHOLOGY AND AUDIOLOGY.
   4. A PERSON FROM ANOTHER STATE FROM PERFORMING SPEECH-LANGUAGE PATHOL-
 OGY OR AUDIOLOGY SERVICES IN  THIS  STATE  PROVIDED  SUCH  SERVICES  ARE
 PERFORMED FOR NO MORE THAN THIRTY DAYS IN ANY CALENDAR YEAR AND PROVIDED
 THAT  SUCH  SERVICES  ARE PERFORMED IN CONJUNCTION WITH AND/OR UNDER THE
 SUPERVISION OF A SPEECH-LANGUAGE  PATHOLOGIST  OR  AUDIOLOGIST  LICENSED
 UNDER THIS TITLE.
   5.  ANY  HEARING  AID  DEALER  FROM PERFORMING HEARING MEASUREMENTS BY
 MEANS OF AN AUDIOMETER OR OTHER TESTING EQUIPMENT WHEN USED  SOLELY  FOR
 THE  PURPOSE  OF SELECTING, FITTING, SELLING OR DISPENSING AN INSTRUMENT
 DESIGNED TO AID OR  IMPROVE  HUMAN  HEARING,  INCLUDING  THE  TAKING  OF
 IMPRESSIONS  FOR  THE  MAKING  AND  FITTING  OF EAR MOLDS AND THE DEMON-
 STRATION OF USE AND INSTRUCTIONS OF PERSONS IN THE USE OF  SUCH  HEARING
 AIDS AND ACCESSORIES THERETO.
   6. A STUDENT FROM ENGAGING IN CLINICAL PRACTICE, UNDER THE SUPERVISION
 OF  A  LICENSED AUDIOLOGIST OR A LICENSED SPEECH-LANGUAGE PATHOLOGIST AS
 PART OF A NATIONALLY ACCREDITED PROGRAM OR A STATE LICENSURE  QUALIFYING
 PROGRAM  IN SPEECH-LANGUAGE PATHOLOGY OR AUDIOLOGY, PURSUANT TO SUBDIVI-
 SION THREE OF SECTION EIGHTY-ONE HUNDRED SIX OF THIS TITLE.
   § 8108. SPECIAL PROVISIONS. 1.  EVERY  PERSON  REGULARLY  EMPLOYED  IN
 TEACHING  OR WORKING AS A SPEECH-LANGUAGE PATHOLOGIST OR AUDIOLOGIST FOR
 NOT LESS THAN TWO YEARS PRIOR TO THE EFFECTIVE DATE OF THIS TITLE  SHALL
 BE  ISSUED A LICENSE BY THE DEPARTMENT, IF HE OR SHE IS A PERSON OF GOOD
 MORAL CHARACTER; TWENTY-ONE YEARS OR OLDER, HAS  BEEN  ENGAGED  IN  SUCH
 PRACTICE  IN  THE  STATE FOR AT LEAST TWO YEARS IN ACCORDANCE WITH REGU-
 LATIONS OF THE COMMISSIONER, AND POSSESSES:
   A. THE AMERICAN  SPEECH-LANGUAGE-HEARING  ASSOCIATION  CERTIFICATE  OF
 CLINICAL  COMPETENCE  IN  SPEECH-LANGUAGE PATHOLOGY AND/OR AUDIOLOGY, OR
 THE EQUIVALENT THEREOF AS DETERMINED BY THE BOARD IN ACCORDANCE WITH THE
 COMMISSIONER'S REGULATIONS; OR
   B. A MASTERS DEGREE IN SPEECH-LANGUAGE PATHOLOGY, AUDIOLOGY OR  COMMU-
 NICATION  DISORDERS  APPROPRIATE TO THE LICENSE BEING SOUGHT AND A TOTAL
 OF FIVE YEARS EXPERIENCE; OR
   C. A BACHELORS  DEGREE  IN  SPEECH-LANGUAGE  PATHOLOGY,  AUDIOLOGY  OR
 COMMUNICATION  DISORDERS  APPROPRIATE  TO  THE  LICENSE BEING SOUGHT AND
 THIRTY POSTGRADUATE SEMESTER HOURS IN SUBJECTS SATISFACTORY TO THE BOARD
 AND A TOTAL OF FIVE YEARS EXPERIENCE; OR
   D. A BACHELORS DEGREE AND SUFFICIENT  POSTGRADUATE  STUDY  TO  BE  THE
 EQUIVALENT  OF  A MASTERS DEGREE IN SPEECH-LANGUAGE PATHOLOGY, AUDIOLOGY
 OR COMMUNICATION DISORDERS AS DETERMINED BY THE BOARD IN ACCORDANCE WITH
 THE COMMISSIONER'S REGULATIONS AND A TOTAL  OF  FIVE  YEARS  EXPERIENCE.
 APPLICATIONS  FOR  A  LICENSE  UNDER  THIS SECTION SHALL BE SUBMITTED BY
 JANUARY FIRST, NINETEEN HUNDRED EIGHTY AND APPLICANTS SHALL  HAVE  UNTIL
 THAT DATE TO FULFILL THE REQUIREMENTS SET FORTH BY THIS CHAPTER.
 S. 4007--A                         434                        A. 3007--A
 
   2.  THIS  TITLE  SHALL  NOT  PROHIBIT  THE PRACTICE OF SPEECH-LANGUAGE
 PATHOLOGY OR AUDIOLOGY BY A CORPORATION PROVIDED THAT SUCH  PRACTICE  IS
 CARRIED  ON  BY A LICENSED SPEECH-LANGUAGE PATHOLOGIST OR AUDIOLOGIST OR
 PERSONS EXEMPT UNDER THIS TITLE AND A VIOLATION OF THIS PROVISION  SHALL
 BE A CLASS A MISDEMEANOR.
   3.  ANY  PERSON  OR  FIRM  OFFERING  THE SERVICES OF A SPEECH-LANGUAGE
 PATHOLOGIST OR AUDIOLOGIST SHALL EMPLOY ONLY PERSONS LICENSED OR  EXEMPT
 UNDER  THIS  TITLE  AND A VIOLATION OF THIS PROVISION SHALL BE A CLASS A
 MISDEMEANOR.
   4. A. THE COMMISSIONER, PURSUANT TO THE RECOMMENDATION  OF  THE  BOARD
 SHALL  PROMULGATE  REGULATIONS DEFINING APPROPRIATE STANDARDS OF CONDUCT
 FOR THE DISPENSING OF HEARING AIDS BY LICENSED AUDIOLOGISTS. SUCH  REGU-
 LATIONS  SHALL  ALSO DEFINE CONTINUING EDUCATION REQUIREMENTS WHICH SUCH
 DISPENSING AUDIOLOGIST SHALL MEET AS A CONDITION OF  MAINTAINING  REGIS-
 TRATION PURSUANT TO THIS TITLE.
   B.  AUDIOLOGISTS  ENGAGED  IN  THE PRACTICE OF DISPENSING HEARING AIDS
 SHALL COMPLY WITH THE APPLICABLE PROVISIONS OF ARTICLE THIRTY-SEVEN-A OF
 THE GENERAL BUSINESS LAW.
   § 8109. MANDATORY CONTINUING COMPETENCY. 1. A. EACH  LICENSED  SPEECH-
 LANGUAGE PATHOLOGIST AND AUDIOLOGIST REQUIRED UNDER THIS TITLE TO REGIS-
 TER  TRIENNIALLY  WITH  THE  DEPARTMENT  TO  PRACTICE IN THE STATE SHALL
 COMPLY WITH  THE  PROVISIONS  OF  THE  MANDATORY  CONTINUING  COMPETENCY
 REQUIREMENTS  PRESCRIBED  IN  SUBDIVISION TWO OF THIS SECTION, EXCEPT AS
 PROVIDED IN PARAGRAPHS B AND  C  OF  THIS  SUBDIVISION.  SPEECH-LANGUAGE
 PATHOLOGISTS  AND AUDIOLOGISTS WHO DO NOT SATISFY THE MANDATORY CONTINU-
 ING COMPETENCY REQUIREMENTS SHALL NOT BE AUTHORIZED  TO  PRACTICE  UNTIL
 THEY  HAVE  MET SUCH REQUIREMENTS, AND THEY HAVE BEEN ISSUED A REGISTRA-
 TION CERTIFICATE, EXCEPT THAT A SPEECH-LANGUAGE PATHOLOGIST OR  AUDIOLO-
 GIST  MAY  PRACTICE WITHOUT HAVING MET SUCH REQUIREMENTS IF HE OR SHE IS
 ISSUED A CONDITIONAL REGISTRATION PURSUANT TO SUBDIVISION THREE OF  THIS
 SECTION.
   B.  SPEECH-LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS SHALL BE EXEMPT FROM
 THE MANDATORY CONTINUING COMPETENCY REQUIREMENT FOR THE TRIENNIAL REGIS-
 TRATION PERIOD DURING WHICH THEY ARE FIRST LICENSED. ADJUSTMENT  TO  THE
 MANDATORY  CONTINUING  COMPETENCY  REQUIREMENTS  MAY  BE  GRANTED BY THE
 DEPARTMENT FOR REASONS OF HEALTH OF THE LICENSEE WHERE CERTIFIED  BY  AN
 APPROPRIATE  HEALTH CARE PROFESSIONAL, FOR EXTENDED ACTIVE DUTY WITH THE
 ARMED FORCES OF THE UNITED STATES, OR FOR OTHER GOOD CAUSE ACCEPTABLE TO
 THE DEPARTMENT WHICH MAY PREVENT COMPLIANCE.
   C. A LICENSED SPEECH-LANGUAGE PATHOLOGIST OR AUDIOLOGIST  NOT  ENGAGED
 IN  PRACTICE,  AS DETERMINED BY THE DEPARTMENT, SHALL BE EXEMPT FROM THE
 MANDATORY CONTINUING COMPETENCY REQUIREMENT UPON THE FILING OF A  STATE-
 MENT WITH THE DEPARTMENT DECLARING SUCH STATUS. ANY LICENSEE WHO RETURNS
 TO  THE  PRACTICE  OF  SPEECH-LANGUAGE PATHOLOGY OR AUDIOLOGY DURING THE
 TRIENNIAL REGISTRATION PERIOD SHALL NOTIFY THE DEPARTMENT PRIOR TO REEN-
 TERING THE PROFESSION AND SHALL MEET SUCH MANDATORY CONTINUING COMPETEN-
 CY REQUIREMENTS AS SHALL BE PRESCRIBED BY REGULATIONS OF THE COMMISSION-
 ER.
   2. DURING EACH TRIENNIAL REGISTRATION PERIOD AN APPLICANT  FOR  REGIS-
 TRATION  AS  EITHER  A  SPEECH-LANGUAGE PATHOLOGIST OR AUDIOLOGIST SHALL
 COMPLETE A MINIMUM OF THIRTY HOURS OF LEARNING ACTIVITIES WHICH CONTRIB-
 UTE TO CONTINUING COMPETENCE, AS SPECIFIED IN SUBDIVISION FOUR  OF  THIS
 SECTION,  PROVIDED FURTHER THAT AT LEAST TWENTY HOURS SHALL BE IN RECOG-
 NIZED AREAS OF STUDY PERTINENT TO THE LICENSEE'S PROFESSIONAL  SCOPE  OF
 PRACTICE  OF SPEECH-LANGUAGE PATHOLOGY AND/OR AUDIOLOGY. ANY SPEECH-LAN-
 GUAGE PATHOLOGIST OR AUDIOLOGIST WHOSE FIRST REGISTRATION DATE FOLLOWING
 S. 4007--A                         435                        A. 3007--A
 
 THE EFFECTIVE DATE OF THIS SECTION OCCURS LESS  THAN  THREE  YEARS  FROM
 SUCH  EFFECTIVE  DATE,  BUT ON OR AFTER JANUARY FIRST, TWO THOUSAND ONE,
 SHALL COMPLETE CONTINUING COMPETENCY HOURS ON A PRORATED  BASIS  AT  THE
 RATE  OF ONE-HALF HOUR PER MONTH FOR THE PERIOD BEGINNING JANUARY FIRST,
 TWO THOUSAND ONE UP TO THE FIRST REGISTRATION DATE. THEREAFTER, A LICEN-
 SEE WHO HAS NOT SATISFIED THE MANDATORY CONTINUING  COMPETENCY  REQUIRE-
 MENTS  SHALL  NOT  BE ISSUED A TRIENNIAL REGISTRATION CERTIFICATE BY THE
 DEPARTMENT AND SHALL NOT PRACTICE UNLESS AND UNTIL A CONDITIONAL  REGIS-
 TRATION  CERTIFICATE  IS  ISSUED AS PROVIDED FOR IN SUBDIVISION THREE OF
 THIS SECTION. CONTINUING COMPETENCY HOURS TAKEN DURING ONE TRIENNIUM MAY
 NOT BE 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 COMPETENCY
 REQUIREMENTS ESTABLISHED IN SUBDIVISION TWO OF  THIS  SECTION,  BUT  WHO
 AGREES  TO MAKE UP ANY DEFICIENCIES AND COMPLETE ANY ADDITIONAL LEARNING
 ACTIVITIES WHICH THE DEPARTMENT MAY REQUIRE. THE FEE FOR SUCH  A  CONDI-
 TIONAL  REGISTRATION  SHALL  BE THE SAME AS, AND IN ADDITION TO, THE FEE
 FOR THE TRIENNIAL REGISTRATION. THE DURATION OF SUCH CONDITIONAL  REGIS-
 TRATION  SHALL  BE DETERMINED BY THE DEPARTMENT BUT SHALL NOT EXCEED ONE
 YEAR. ANY LICENSEE WHO IS NOTIFIED OF THE  DENIAL  OF  REGISTRATION  FOR
 FAILURE  TO SUBMIT EVIDENCE, SATISFACTORY TO THE DEPARTMENT, OF REQUIRED
 CONTINUING COMPETENCY LEARNING ACTIVITIES AND WHO PRACTICES WITHOUT SUCH
 REGISTRATION, MAY BE SUBJECT TO  DISCIPLINARY  PROCEEDINGS  PURSUANT  TO
 SECTION SIXTY-FIVE HUNDRED TEN OF THIS ARTICLE.
   4.  AS  USED  IN SUBDIVISION TWO OF THIS SECTION, "ACCEPTABLE LEARNING
 ACTIVITIES" SHALL MEAN ACTIVITIES WHICH CONTRIBUTE TO PROFESSIONAL PRAC-
 TICE IN SPEECH-LANGUAGE PATHOLOGY AND/OR AUDIOLOGY, AND WHICH  MEET  THE
 STANDARDS PRESCRIBED IN THE REGULATIONS OF THE COMMISSIONER. SUCH LEARN-
 ING  ACTIVITIES  SHALL  INCLUDE, BUT NOT BE LIMITED TO, COLLEGIATE LEVEL
 CREDIT AND NON-CREDIT COURSES, SELF-STUDY ACTIVITIES, INDEPENDENT STUDY,
 FORMAL MENTORING  ACTIVITIES,  PUBLICATIONS  IN  PROFESSIONAL  JOURNALS,
 PROFESSIONAL  DEVELOPMENT PROGRAMS AND TECHNICAL SESSIONS; SUCH LEARNING
 ACTIVITIES MAY BE OFFERED AND SPONSORED BY  NATIONAL,  STATE  AND  LOCAL
 PROFESSIONAL  ASSOCIATIONS AND OTHER ORGANIZATIONS OR PARTIES ACCEPTABLE
 TO THE DEPARTMENT, AND ANY OTHER  ORGANIZED  EDUCATIONAL  AND  TECHNICAL
 LEARNING ACTIVITIES ACCEPTABLE TO THE DEPARTMENT. THE DEPARTMENT MAY, IN
 ITS  DISCRETION AND AS NEEDED TO CONTRIBUTE TO THE HEALTH AND WELFARE OF
 THE PUBLIC, REQUIRE THE COMPLETION  OF  CONTINUING  COMPETENCY  LEARNING
 ACTIVITIES  IN  SPECIFIC  SUBJECTS  TO FULFILL THIS MANDATORY CONTINUING
 COMPETENCY  REQUIREMENT.  FOR  SPEECH-LANGUAGE  PATHOLOGISTS   WHO   ARE
 EMPLOYED  IN SCHOOL SETTINGS AS TEACHERS OF THE SPEECH AND HEARING HAND-
 ICAPPED OR AS TEACHERS OF STUDENTS WITH SPEECH  AND  LANGUAGE  DISABILI-
 TIES,  ACCEPTABLE  LEARNING  ACTIVITIES  SHALL ALSO INCLUDE PROFESSIONAL
 DEVELOPMENT  PROGRAMS  AND  TECHNICAL  SESSIONS  SPECIFIC  TO   TEACHING
 STUDENTS  WITH SPEECH AND LANGUAGE DISABILITIES INCLUDING THOSE DESIGNED
 TO IMPROVE METHODS FOR TEACHING SUCH STUDENTS, ALIGNED WITH PROFESSIONAL
 DEVELOPMENT PLANS IN ACCORDANCE WITH REGULATIONS OF THE COMMISSIONER AND
 PROMOTING THE ATTAINMENT OF STANDARDS FOR SUCH STUDENTS. LEARNING ACTIV-
 ITIES MUST BE TAKEN FROM A SPONSOR APPROVED BY THE DEPARTMENT,  PURSUANT
 TO THE REGULATIONS OF THE COMMISSIONER.
   5.   SPEECH-LANGUAGE  PATHOLOGISTS  AND  AUDIOLOGISTS  SHALL  MAINTAIN
 ADEQUATE DOCUMENTATION OF COMPLETION OF ACCEPTABLE CONTINUING COMPETENCY
 LEARNING ACTIVITIES AND SHALL PROVIDE SUCH DOCUMENTATION AT THE  REQUEST
 OF  THE  DEPARTMENT.  FAILURE  TO  PROVIDE  SUCH  DOCUMENTATION UPON THE
 REQUEST OF THE DEPARTMENT SHALL BE  AN  ACT  OF  MISCONDUCT  SUBJECT  TO
 S. 4007--A                         436                        A. 3007--A
 
 DISCIPLINARY  PROCEEDINGS  PURSUANT TO SECTION SIXTY-FIVE HUNDRED TEN OF
 THIS ARTICLE.
   6.  THE  MANDATORY  CONTINUING  COMPETENCY FEE SHALL BE FIFTY DOLLARS,
 SHALL BE PAYABLE ON OR BEFORE THE FIRST DAY OF EACH TRIENNIAL  REGISTRA-
 TION PERIOD, AND SHALL BE PAID IN ADDITION TO THE TRIENNIAL REGISTRATION
 FEE REQUIRED BY SECTION EIGHTY-ONE HUNDRED SIX OF THIS TITLE.
 
                                 TITLE 23
                                ACUPUNCTURE
 SECTION 8200. INTRODUCTION.
         8201. DEFINITIONS.
         8202.  PRACTICE  OF  ACUPUNCTURE  AND  USE  OF  TITLE  "LICENSED
                  ACUPUNCTURIST" OR "CERTIFIED ACUPUNCTURIST".
         8203. STATE BOARD FOR ACUPUNCTURE.
         8204. REQUIREMENTS FOR A PROFESSIONAL LICENSE.
         8205. LIMITED PERMITS.
         8206. EXEMPTIONS; WAIVER.
   § 8200. INTRODUCTION. THIS TITLE APPLIES TO THE PROFESSION OF ACUPUNC-
 TURE. THE GENERAL PROVISIONS FOR ALL PROFESSIONS CONTAINED IN TITLE  ONE
 OF THIS ARTICLE APPLY TO THIS ARTICLE.
   §  8201.  DEFINITIONS. AS USED IN THIS TITLE THE FOLLOWING TERMS SHALL
 HAVE THE FOLLOWING MEANINGS:
   1. A. "PROFESSION OF ACUPUNCTURE" IS THE TREATING, BY MEANS OF MECHAN-
 ICAL, THERMAL OR ELECTRICAL STIMULATION EFFECTED  BY  THE  INSERTION  OF
 NEEDLES  OR  BY  THE  APPLICATION OF HEAT, PRESSURE OR ELECTRICAL STIMU-
 LATION AT A POINT OR COMBINATION OF POINTS ON THE SURFACE  OF  THE  BODY
 PREDETERMINED  ON  THE BASIS OF THE THEORY OF THE PHYSIOLOGICAL INTERRE-
 LATIONSHIP OF BODY ORGANS WITH AN ASSOCIATED  POINT  OR  COMBINATION  OF
 POINTS  FOR  DISEASES,  DISORDERS  AND  DYSFUNCTIONS OF THE BODY FOR THE
 PURPOSE OF ACHIEVING A THERAPEUTIC OR PROPHYLACTIC EFFECT.  THE  PROFES-
 SION  OF  ACUPUNCTURE INCLUDES RECOMMENDATION OF DIETARY SUPPLEMENTS AND
 NATURAL PRODUCTS INCLUDING, BUT NOT LIMITED TO,  THE  RECOMMENDATION  OF
 DIET, HERBS AND OTHER NATURAL PRODUCTS, AND THEIR PREPARATION IN ACCORD-
 ANCE WITH TRADITIONAL AND MODERN PRACTICES OF EAST ASIAN (CHINESE, KORE-
 AN OR JAPANESE) MEDICAL THEORY.
   B.  EACH  ACUPUNCTURIST  LICENSED PURSUANT TO THIS TITLE, SHALL ADVISE
 EACH PATIENT AS TO THE IMPORTANCE OF CONSULTING WITH A  LICENSED  PHYSI-
 CIAN  REGARDING  THE PATIENT'S CONDITION AND SHALL KEEP ON FILE WITH THE
 PATIENT'S RECORDS, A FORM ATTESTING TO  THE  PATIENT'S  NOTICE  OF  SUCH
 ADVICE.  SUCH FORM SHALL BE IN DUPLICATE, ONE COPY TO BE RETAINED BY THE
 PATIENT, SIGNED AND DATED BY BOTH THE ACUPUNCTURIST AND THE PATIENT  AND
 SHALL BE PRESCRIBED IN THE FOLLOWING MANNER:
   WE,  THE UNDERSIGNED, DO AFFIRM THAT (THE PATIENT) HAS BEEN ADVISED BY
 , (A LICENSED ACUPUNCTURIST),  TO  CONSULT  A  PHYSICIAN  REGARDING  THE
 CONDITION  OR CONDITIONS FOR WHICH SUCH PATIENT SEEKS ACUPUNCTURE TREAT-
 MENT.
 _________________________________
 _________________________________
 (SIGNATURE)
 DATE
 _________________________________
 _________________________________
 (SIGNATURE)
 DATE
   C. NOTHING IN THIS TITLE SHALL BE CONSTRUED TO PROHIBIT AN  INDIVIDUAL
 WHO  IS NOT SUBJECT TO REGULATION IN THIS STATE AS A LICENSED ACUPUNCTU-
 S. 4007--A                         437                        A. 3007--A
 
 RIST FROM ENGAGING IN THE RECOMMENDATION  OF  TRADITIONAL  REMEDIES  AND
 SUPPLEMENTS  AS  DEFINED  IN  THIS  TITLE,  NOR  SHALL  THIS  SECTION BE
 CONSTRUED TO AUTHORIZE AN INDIVIDUAL TO PRACTICE  PHARMACY  UNDER  TITLE
 TEN OF THIS ARTICLE.
   2.  "BOARD"  IS  THE STATE BOARD FOR ACUPUNCTURE AS CREATED BY SECTION
 EIGHTY-TWO HUNDRED THREE OF THIS TITLE.
   § 8202. PRACTICE OF ACUPUNCTURE AND USE OF TITLE "LICENSED  ACUPUNCTU-
 RIST" OR "CERTIFIED ACUPUNCTURIST". ONLY A PERSON LICENSED OR AUTHORIZED
 PURSUANT  TO  SECTION EIGHTY-TWO HUNDRED FOUR OF THIS TITLE OR CERTIFIED
 PURSUANT TO SECTION EIGHTY-TWO HUNDRED SIX OF THIS TITLE SHALL  PRACTICE
 ACUPUNCTURE.  ONLY  A  PERSON  LICENSED  PURSUANT  TO SECTION EIGHTY-TWO
 HUNDRED FOUR OF THIS TITLE SHALL USE THE TITLE "LICENSED  ACUPUNCTURIST"
 AND  ONLY  A PERSON CERTIFIED PURSUANT TO SECTION EIGHTY-TWO HUNDRED SIX
 OF THIS TITLE SHALL USE THE TITLE "CERTIFIED ACUPUNCTURIST".
   § 8203. STATE BOARD FOR ACUPUNCTURE. 1. THERE  IS  HEREBY  ESTABLISHED
 WITHIN  THE  DEPARTMENT  A  STATE BOARD FOR ACUPUNCTURE. THE BOARD SHALL
 CONSIST OF NOT LESS THAN ELEVEN MEMBERS TO BE APPOINTED BY  THE  DEPART-
 MENT  ON  THE  RECOMMENDATION  OF  THE  COMMISSIONER  FOR THE PURPOSE OF
 ASSISTING THE  DEPARTMENT  ON  MATTERS  OF  PROFESSIONAL  LICENSING  AND
 PROFESSIONAL CONDUCT IN ACCORDANCE WITH SECTION SIXTY-FIVE HUNDRED EIGHT
 OF  THIS ARTICLE, FOUR OF WHOM SHALL BE LICENSED ACUPUNCTURISTS, FOUR OF
 WHOM SHALL BE LICENSED PHYSICIANS CERTIFIED TO USE ACUPUNCTURE AND THREE
 OF WHOM SHALL BE PUBLIC MEMBERS REPRESENTING THE CONSUMER AND COMMUNITY.
 OF THE ACUPUNCTURISTS FIRST APPOINTED TO THE BOARD, ONE MAY BE A  REGIS-
 TERED  SPECIALIST'S ASSISTANT-ACUPUNCTURE PROVIDED THAT THE TERM OF SUCH
 REGISTERED SPECIALIST'S ASSISTANT-ACUPUNCTURE SHALL  NOT  BE  MORE  THAN
 FOUR YEARS. OF THE MEMBERS FIRST APPOINTED, THREE SHALL BE APPOINTED FOR
 A  ONE YEAR TERM, THREE SHALL BE APPOINTED FOR A TWO YEAR TERM AND THREE
 SHALL BE APPOINTED FOR A THREE YEAR TERM, AND TWO SHALL BE APPOINTED FOR
 A FOUR YEAR TERM. THEREAFTER ALL  MEMBERS  SHALL  SERVE  FOR  FIVE  YEAR
 TERMS.  IN  THE  EVENT  THAT  MORE  THAN ELEVEN MEMBERS ARE APPOINTED, A
 MAJORITY OF THE ADDITIONAL MEMBERS SHALL BE LICENSED ACUPUNCTURISTS. THE
 MEMBERS OF THE BOARD SHALL SELECT ONE OF THEMSELVES AS CHAIRMAN TO SERVE
 FOR A ONE YEAR TERM.
   2. AN EXECUTIVE SECRETARY TO THE  BOARD  SHALL  BE  APPOINTED  BY  THE
 COMMISSIONER.
   3.  THE  COMMISSIONER  SHALL  PROMULGATE SUCH RULES AND REGULATIONS AS
 THEY DEEM NECESSARY AND APPROPRIATE TO EFFECTUATE THE PROVISIONS OF THIS
 TITLE.
   § 8204. REQUIREMENTS FOR A PROFESSIONAL  LICENSE.  TO  QUALIFY  FOR  A
 LICENSE  AS  A  LICENSED  ACUPUNCTURIST  AN  APPLICANT SHALL FULFILL THE
 FOLLOWING REQUIREMENTS:
   1. APPLICATION: FILE AN APPLICATION WITH THE DEPARTMENT;
   2. EDUCATION: PROVIDE EVIDENCE OF SATISFACTORY COMPLETION OF A  COURSE
 OF  FORMAL  STUDY  OR  ITS SUBSTANTIAL EQUIVALENT IN ACCORDANCE WITH THE
 COMMISSIONER'S REGULATIONS;
   3. EXPERIENCE: HAVE EXPERIENCE IN ACCORDANCE WITH  THE  COMMISSIONER'S
 REGULATIONS;
   4.  EXAMINATION:  PASS AN EXAMINATION SATISFACTORY TO THE BOARD AND IN
 ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS. SUCH  EXAMINATION  SHALL
 BE  GIVEN  AT  LEAST  ONCE WITHIN TWELVE MONTHS OF THE EFFECTIVE DATE OF
 THIS TITLE, AND AT LEAST ONCE ANNUALLY THEREAFTER, AND SHALL CONSIST  OF
 BOTH  WRITTEN  AND  PRACTICAL  PARTS.  EITHER  PART  MAY BE GIVEN AT THE
 DISCRETION  OF  THE  DEPARTMENT  IN  ENGLISH  AND/OR  CHINESE  OR  OTHER
 LANGUAGE.  NOTHING IN THIS SUBDIVISION IS TO BE CONSTRUED TO REQUIRE THE
 DEPARTMENT TO ISSUE AN EXAM IN A LANGUAGE OTHER THAN ENGLISH. THE  PRAC-
 S. 4007--A                         438                        A. 3007--A
 
 TICAL PART OF THE EXAM MUST BE DIRECTLY ADMINISTERED BY AN ACUPUNCTURIST
 ACCEPTABLE TO THE DEPARTMENT, WHO MAY ALSO BE A MEMBER OF THE BOARD. THE
 COST  OF  THE INITIAL EXAMINATION OR REEXAMINATION SHALL BE BORNE BY THE
 APPLICANT  IN  ACCORDANCE  WITH A SCHEDULE ESTABLISHED BY THE DEPARTMENT
 AND APPROVED BY THE DIRECTOR OF THE BUDGET;
   5. AGE: BE AT LEAST TWENTY-ONE YEARS OF AGE;
   6. CHARACTER: BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE  DEPART-
 MENT;
   7.  FEES:  PAY  A  FEE  OF  FIVE HUNDRED DOLLARS TO THE DEPARTMENT FOR
 INITIAL LICENSURE, AND A FEE OF  TWO  HUNDRED  FIFTY  DOLLARS  FOR  EACH
 TRIENNIAL REGISTRATION; AND
   8.  REGISTRATION:  IF  A LICENSE IS GRANTED, REGISTER TRIENNIALLY WITH
 THE DEPARTMENT, INCLUDING PRESENT HOME AND  BUSINESS  ADDRESS  AND  SUCH
 OTHER PERTINENT INFORMATION AS THE DEPARTMENT REQUIRES.
   §  8205.  LIMITED  PERMITS.  1.  THE  DEPARTMENT SHALL ISSUE A LIMITED
 PERMIT TO AN APPLICANT WHO MEETS ALL REQUIREMENTS FOR ADMISSION  TO  THE
 LICENSING EXAMINATION;
   2.  ALL PRACTICE UNDER A LIMITED PERMIT SHALL BE UNDER THE SUPERVISION
 OF A LICENSED OR CERTIFIED ACUPUNCTURIST IN A PUBLIC HOSPITAL, AN INCOR-
 PORATED HOSPITAL OR CLINIC, A LICENSED PROPRIETARY HOSPITAL, A  LICENSED
 NURSING HOME, A PUBLIC HEALTH AGENCY, THE OFFICE OF A LICENSED OR CERTI-
 FIED  ACUPUNCTURIST  OR  IN  THE  CIVIL  SERVICE OF THE FEDERAL OR STATE
 GOVERNMENT;
   3. LIMITED PERMITS SHALL BE FOR ONE YEAR AND MAY  BE  RENEWED  AT  THE
 DISCRETION OF THE DEPARTMENT FOR ONE ADDITIONAL YEAR;
   4. SUPERVISION OF A PERMITTEE BY A LICENSED OR CERTIFIED ACUPUNCTURIST
 SHALL  BE ON-SITE SUPERVISION AND NOT NECESSARILY DIRECT PERSONAL SUPER-
 VISION;
   5. NO PRACTITIONER SHALL SUPERVISE MORE THAN ONE PERMITTEE; AND
   6. THE FEE FOR EACH LIMITED PERMIT  AND  FOR  EACH  RENEWAL  SHALL  BE
 DETERMINED BY THE DEPARTMENT.
   § 8206. EXEMPTIONS; WAIVER. 1. A PERSON WHO IS VALIDLY REGISTERED AS A
 "SPECIALIST'S  ASSISTANT-ACUPUNCTURE"  IN ACCORDANCE WITH SECTION SIXTY-
 FIVE HUNDRED FORTY-ONE OF THIS  ARTICLE  AND  THE  COMMISSIONER'S  REGU-
 LATIONS SHALL NOT BE SUBJECT TO THE PROVISIONS OF THIS TITLE.
   2.  ANY  PERSON  WHO  IS  VALIDLY LICENSED UNDER THE PROVISIONS OF THE
 FORMER CHAPTER NINE HUNDRED FIFTY-NINE OF THE LAWS OF  NINETEEN  HUNDRED
 SEVENTY-FOUR IS DEEMED TO BE LICENSED PURSUANT TO THIS TITLE.
   3.  ANY  PERSON  WHO  IS VALIDLY CERTIFIED UNDER THE PROVISIONS OF THE
 FORMER CHAPTER NINE HUNDRED FIFTY-NINE OF THE LAWS OF  NINETEEN  HUNDRED
 SEVENTY-FOUR  SHALL CONTINUE TO BE CERTIFIED TO PRACTICE ACUPUNCTURE AND
 MAY CONTINUE TO USE THE TITLE CERTIFIED  ACUPUNCTURIST.  THE  DEPARTMENT
 MAY  ESTABLISH  RULES AND REGULATIONS PROVIDING FOR THE CERTIFICATION OF
 PHYSICIANS AND DENTISTS AS ACUPUNCTURISTS, PROVIDED THAT SUCH  CERTIFIED
 ACUPUNCTURISTS  DO  NOT REPRESENT THEMSELVES AS LICENSED ACUPUNCTURISTS.
 CERTIFIED ACUPUNCTURISTS SEEKING TO BECOME LICENSED ACUPUNCTURISTS SHALL
 BE SUBJECT TO ALL PROVISIONS OF THIS TITLE.
   4. A PERSON WHO DOES NOT OTHERWISE POSSESS THE CREDENTIALS  OR  QUALI-
 FICATIONS  REQUIRED  FOR  THE PRACTICE OF ACUPUNCTURE PRESCRIBED BY THIS
 TITLE OR THE REGULATIONS PROMULGATED HEREUNDER OR ANY OTHER LAW BUT  WHO
 IS  AUTHORIZED  BY  THE OFFICE OF ADDICTION SERVICES AND SUPPORTS OR THE
 DEPARTMENT TO PROVIDE TREATMENT FOR ALCOHOLISM, SUBSTANCE DEPENDENCE, OR
 CHEMICAL DEPENDENCY IN A HOSPITAL OR CLINICAL  PROGRAM  WHICH  HAS  BEEN
 APPROVED  FOR  SUCH  TREATMENT  BY  THE OFFICE OF ADDICTION SERVICES AND
 SUPPORTS OR THE DEPARTMENT AND WHO HAS BEEN TRAINED TO PRACTICE ACUPUNC-
 TURE FOR THE TREATMENT OF ALCOHOLISM, SUBSTANCE DEPENDENCE, OR  CHEMICAL
 S. 4007--A                         439                        A. 3007--A
 
 DEPENDENCY  THROUGH  AN  EDUCATIONAL PROGRAM ACCEPTABLE TO THE EDUCATION
 DEPARTMENT MAY NEVERTHELESS PRACTICE ACUPUNCTURE PROVIDED SUCH  PRACTICE
 IS  LIMITED  TO  THE  TREATMENT  OF ALCOHOLISM, SUBSTANCE DEPENDENCE, OR
 CHEMICAL  DEPENDENCY  IN  SUCH  CLINICAL  OR  HOSPITAL PROGRAMS, OR IN A
 PROGRAM THAT IF STATUTORILY EXEMPT FROM SUCH  APPROVAL  MEETS  STANDARDS
 APPROVED BY THE OFFICE OF ADDICTION SERVICES AND SUPPORTS OR THE DEPART-
 MENT, AND FURTHER PROVIDED THAT SUCH PRACTICE IS DONE IN ACCORDANCE WITH
 REGULATIONS   PROMULGATED  BY  THE  OFFICE  OF  ADDICTION  SERVICES  AND
 SUPPORTS, OR THE DEPARTMENT. SUCH  PERSON  SHALL  WORK  ONLY  UNDER  THE
 GENERAL  SUPERVISION  OF  A  PHYSICIAN  OR DENTIST CERTIFIED TO PRACTICE
 ACUPUNCTURE OR AN INDIVIDUAL LICENSED TO  PRACTICE  ACUPUNCTURE  IN  THE
 STATE OF NEW YORK PURSUANT TO THIS TITLE. NOTWITHSTANDING ANY OTHER LAW,
 RULE  OR REGULATION TO THE CONTRARY, PERSONS AUTHORIZED ON OR BEFORE THE
 EFFECTIVE DATE OF THIS TITLE TO PRACTICE ACUPUNCTURE FOR  THE  TREATMENT
 OF  ALCOHOLISM,  SUBSTANCE  DEPENDENCE,  OR CHEMICAL DEPENDENCY WITHIN A
 HOSPITAL OR CLINICAL PROGRAM WHICH HAS BEEN APPROVED FOR SUCH  TREATMENT
 BY  THE  OFFICE OF ADDICTION SERVICES AND SUPPORTS OR THE DEPARTMENT MAY
 NEVERTHELESS CONTINUE TO PRACTICE ACUPUNCTURE UNDER  THE  PROVISIONS  OF
 THIS SUBDIVISION.
   5.  ANY  PERSON  WHO IS PURSUING QUALIFICATION FOR LICENSURE THROUGH A
 COURSE OF FORMAL STUDY PURSUANT TO THIS TITLE MAY  PRACTICE  ACUPUNCTURE
 WITHOUT A LICENSE, PROVIDED SUCH PRACTICE IS LIMITED TO SUCH STUDY.
   6. ANY PERSON WHO HAS COMPLETED A FORMAL COURSE OF STUDY OR A TUTORIAL
 APPRENTICESHIP  ACCEPTABLE  TO THE DEPARTMENT AND IN ACCORDANCE WITH THE
 COMMISSIONER'S REGULATIONS, PRIOR TO THE EFFECTIVE DATE OF  THIS  TITLE,
 AND PRESENTS SATISFACTORY PROOF OF SUCH COMPLETION, SHALL BE EXEMPT FROM
 THE  EDUCATION  REQUIREMENTS  SET  FORTH  IN  SUBDIVISION TWO OF SECTION
 EIGHTY-TWO HUNDRED FOUR OF THIS TITLE PROVIDED AN  APPLICATION  PURSUANT
 TO  SUBDIVISION  ONE OF SECTION EIGHTY-TWO HUNDRED FOUR OF THIS TITLE IS
 FILED WITH THE DEPARTMENT NOT LATER THAN ONE  YEAR  FROM  THE  EFFECTIVE
 DATE OF THIS TITLE, AND IN NO EVENT SHALL PARTICIPATION IN SUCH TUTORIAL
 APPRENTICESHIP  OR FORMAL COURSE OF STUDY CONSTITUTE A VIOLATION OF THIS
 CHAPTER.
   7. ANY PERSON WHO IS PURSUING QUALIFICATION FOR CERTIFICATION  THROUGH
 A  FORMAL  COURSE  OF  STUDY  IN  A  REGISTERED  PROGRAM  AND ANY PERSON
 APPOINTED TO THE FACULTY OF SUCH PROGRAM MAY PRACTICE ACUPUNCTURE  WITH-
 OUT  A LICENSE, PROVIDED THAT SUCH PRACTICE IS LIMITED TO SUCH RESEARCH,
 STUDY AND TRAINING.
   8. ANY PERSON WHO  IS  LICENSED  AND  IN  GOOD  STANDING  TO  PRACTICE
 ACUPUNCTURE IN ANOTHER STATE OR COUNTRY MAY PRACTICE ACUPUNCTURE IN THIS
 STATE  WITHOUT  A  LICENSE SOLELY FOR THE PURPOSE OF CONDUCTING CLINICAL
 TRAINING, PRACTICE DEMONSTRATIONS OR CLINICAL RESEARCH  THAT  IS  WITHIN
 THE  PRACTICE OF ACUPUNCTURE IN CONNECTION WITH A PROGRAM OF BASIC CLIN-
 ICAL EDUCATION, GRADUATE EDUCATION, OR  POST-GRADUATE  EDUCATION  IN  AN
 APPROVED SCHOOL OF ACUPUNCTURE OR IN ITS AFFILIATED CLINICAL FACILITY OR
 HEALTH CARE AGENCY, OR BEFORE A GROUP OF LICENSED ACUPUNCTURISTS WHO ARE
 MEMBERS  OF A PROFESSIONAL SOCIETY. ANY PERSON PRACTICING ACUPUNCTURE IN
 NEW YORK STATE PURSUANT TO THIS SUBDIVISION  SHALL  BE  SUBJECT  TO  THE
 PERSONAL AND SUBJECT MATTER JURISDICTION AND DISCIPLINARY AND REGULATORY
 AUTHORITY  OF THE DEPARTMENT AS IF HE OR SHE IS A LICENSEE AND AS IF THE
 EXEMPTION PURSUANT TO THIS SUBDIVISION IS  A  LICENSE.  SUCH  INDIVIDUAL
 SHALL COMPLY WITH THE PROVISIONS OF THIS TITLE, THE RULES OF THE DEPART-
 MENT,  AND THE REGULATIONS OF THE COMMISSIONER, RELATING TO PROFESSIONAL
 MISCONDUCT, DISCIPLINARY  PROCEEDINGS  AND  PENALTIES  FOR  PROFESSIONAL
 MISCONDUCT.
 S. 4007--A                         440                        A. 3007--A
 
                                 TITLE 24
                             ATHLETIC TRAINERS
 SECTION 8300. INTRODUCTION.
         8301. DEFINITION.
         8302. DEFINITION OF PRACTICE OF ATHLETIC TRAINING.
         8303. USE OF THE TITLE "CERTIFIED ATHLETIC TRAINER".
         8304. STATE COMMITTEE FOR ATHLETIC TRAINERS.
         8305. REQUIREMENTS AND PROCEDURE FOR PROFESSIONAL CERTIFICATION.
         8306. SPECIAL PROVISIONS.
         8307. NON-LIABILITY OF CERTIFIED ATHLETIC TRAINERS FOR FIRST AID
                  OR EMERGENCY TREATMENT.
         8308. SEPARABILITY.
   § 8300. INTRODUCTION. THIS TITLE APPLIES TO THE PROFESSION OF ATHLETIC
 TRAINING.  THE  GENERAL PROVISIONS OF ALL PROFESSIONS CONTAINED IN TITLE
 ONE OF THIS ARTICLE SHALL APPLY TO THIS TITLE.
   § 8301. DEFINITION. AS USED IN THIS TITLE "ATHLETIC TRAINER" MEANS ANY
 PERSON WHO IS DULY CERTIFIED IN ACCORDANCE WITH THIS  TITLE  TO  PERFORM
 ATHLETIC TRAINING UNDER THE SUPERVISION OF A PHYSICIAN AND LIMITS HIS OR
 HER  PRACTICE TO SECONDARY SCHOOLS, INSTITUTIONS OF POSTSECONDARY EDUCA-
 TION, PROFESSIONAL ATHLETIC ORGANIZATIONS, OR A PERSON  WHO,  UNDER  THE
 SUPERVISION   OF  A  PHYSICIAN,  CARRIES  OUT  COMPARABLE  FUNCTIONS  ON
 ORTHOPEDIC ATHLETIC INJURIES,  EXCLUDING  SPINAL  CORD  INJURIES,  IN  A
 HEALTH  CARE  ORGANIZATION.    SUPERVISION  OF  AN ATHLETIC TRAINER BY A
 PHYSICIAN SHALL BE CONTINUOUS BUT SHALL NOT BE  CONSTRUED  AS  REQUIRING
 THE PHYSICAL PRESENCE OF THE SUPERVISING PHYSICIAN AT THE TIME AND PLACE
 WHERE  SUCH SERVICES ARE PERFORMED.  THE SCOPE OF WORK DESCRIBED IN THIS
 TITLE SHALL NOT BE CONSTRUED AS AUTHORIZING THE RECONDITIONING OF NEURO-
 LOGIC INJURIES, CONDITIONS OR DISEASE.
   § 8302. DEFINITION OF PRACTICE OF ATHLETIC TRAINING. THE  PRACTICE  OF
 THE  PROFESSION  OF  ATHLETIC  TRAINING IS DEFINED AS THE APPLICATION OF
 PRINCIPLES, METHODS AND PROCEDURES FOR MANAGING ATHLETIC INJURIES, WHICH
 SHALL INCLUDE THE PRECONDITIONING, CONDITIONING AND RECONDITIONING OF AN
 INDIVIDUAL WHO HAS SUFFERED AN ATHLETIC INJURY THROUGH THE USE OF APPRO-
 PRIATE PREVENTATIVE AND SUPPORTIVE DEVICES, UNDER THE SUPERVISION  OF  A
 PHYSICIAN  AND  RECOGNIZING  ILLNESS  AND  REFERRING  TO THE APPROPRIATE
 MEDICAL PROFESSIONAL WITH IMPLEMENTATION OF TREATMENT PURSUANT TO PHYSI-
 CIAN'S ORDERS.   ATHLETIC  TRAINING  INCLUDES  INSTRUCTION  TO  COACHES,
 ATHLETES, PARENTS, MEDICAL PERSONNEL AND COMMUNITIES IN THE AREA OF CARE
 AND PREVENTION OF ATHLETIC INJURIES. THE SCOPE OF WORK DESCRIBED IN THIS
 TITLE SHALL NOT BE CONSTRUED AS AUTHORIZING THE RECONDITIONING OF NEURO-
 LOGIC INJURIES, CONDITIONS OR DISEASE.
   §  8303.  USE OF THE TITLE "CERTIFIED ATHLETIC TRAINER". ONLY A PERSON
 CERTIFIED OR OTHERWISE AUTHORIZED UNDER THIS TITLE SHALL USE  THE  TITLE
 "CERTIFIED ATHLETIC TRAINER".
   §  8304. STATE COMMITTEE FOR ATHLETIC TRAINERS.  A STATE COMMITTEE FOR
 ATHLETIC TRAINERS SHALL BE  APPOINTED  BY  THE  COMMISSIONER,  UPON  THE
 RECOMMENDATION  OF  THE  COMMISSIONER  AND  SHALL  ASSIST  ON MATTERS OF
 CERTIFICATION AND PROFESSIONAL CONDUCT IN ACCORDANCE  WITH  SECTION  SIX
 THOUSAND FIVE HUNDRED EIGHT OF THIS ARTICLE. THE COMMITTEE SHALL CONSIST
 OF  FIVE  MEMBERS WHO ARE ATHLETIC TRAINERS CERTIFIED IN THIS STATE. THE
 COMMITTEE SHALL ASSIST THE STATE BOARD FOR MEDICINE IN ATHLETIC TRAINING
 MATTERS. NOMINATIONS AND TERMS OF OFFICE OF THE  MEMBERS  OF  THE  STATE
 COMMITTEE  FOR  ATHLETIC  TRAINERS  SHALL  CONFORM  TO THE CORRESPONDING
 PROVISIONS RELATING THERETO FOR STATE BOARDS UNDER  TITLE  ONE  OF  THIS
 ARTICLE.    NOTWITHSTANDING  THE  FOREGOING,  THE  MEMBERS  OF THE FIRST
 S. 4007--A                         441                        A. 3007--A
 
 COMMITTEE NEED NOT BE  CERTIFIED  PRIOR  TO  THEIR  APPOINTMENT  TO  THE
 COMMITTEE.
   § 8305. REQUIREMENTS AND PROCEDURE FOR PROFESSIONAL CERTIFICATION. FOR
 CERTIFICATION  AS  A  CERTIFIED  ATHLETIC  TRAINER  UNDER THIS TITLE, AN
 APPLICANT SHALL FULFILL THE FOLLOWING REQUIREMENTS:
   1. APPLICATION: FILE AN APPLICATION WITH THE DEPARTMENT;
   2. EDUCATION: HAVE RECEIVED AN EDUCATION INCLUDING A  BACHELOR'S,  ITS
 EQUIVALENT  OR HIGHER DEGREE IN ACCORDANCE WITH THE COMMISSIONER'S REGU-
 LATIONS;
   3. EXPERIENCE: HAVE EXPERIENCE IN ACCORDANCE WITH  THE  COMMISSIONER'S
 REGULATIONS;
   4. EXAMINATION: PASS AN EXAMINATION IN ACCORDANCE WITH THE COMMISSION-
 ER'S REGULATIONS;
   5. AGE: BE AT LEAST TWENTY-ONE YEARS OF AGE; AND
   6.  FEES:  PAY A FEE FOR AN INITIAL CERTIFICATE OF ONE HUNDRED DOLLARS
 TO THE DEPARTMENT; AND A FEE OF FIFTY DOLLARS FOR EACH TRIENNIAL  REGIS-
 TRATION PERIOD.
   §  8306. SPECIAL PROVISIONS. A PERSON SHALL BE CERTIFIED WITHOUT EXAM-
 INATION PROVIDED THAT, WITHIN THREE YEARS FROM  THE  EFFECTIVE  DATE  OF
 REGULATIONS IMPLEMENTING THE PROVISIONS OF THIS TITLE, THE INDIVIDUAL:
   1.  FILES  AN APPLICATION AND PAYS THE APPROPRIATE FEES TO THE DEPART-
 MENT; AND
   2. MEETS THE REQUIREMENTS OF SUBDIVISIONS  TWO  AND  FIVE  OF  SECTION
 EIGHT THOUSAND THREE HUNDRED FIVE OF THIS TITLE AND WHO IN ADDITION:
   A.  HAS  BEEN  ACTIVELY ENGAGED IN THE PROFESSION OF ATHLETIC TRAINING
 FOR A MINIMUM OF FOUR YEARS DURING THE SEVEN YEARS IMMEDIATELY PRECEDING
 THE EFFECTIVE DATE OF THIS TITLE; OR
   B. IS CERTIFIED BY A UNITED STATES CERTIFYING BODY ACCEPTABLE  TO  THE
 DEPARTMENT.
   §  8307. NON-LIABILITY OF CERTIFIED ATHLETIC TRAINERS FOR FIRST AID OR
 EMERGENCY TREATMENT. NOTWITHSTANDING ANY INCONSISTENT PROVISION  OF  ANY
 GENERAL, SPECIAL OR LOCAL LAW, ANY CERTIFIED ATHLETIC TRAINER WHO VOLUN-
 TARILY  AND  WITHOUT  THE  EXPECTATION  OF MONETARY COMPENSATION RENDERS
 FIRST AID OR EMERGENCY TREATMENT AT THE SCENE OF AN  ACCIDENT  OR  OTHER
 EMERGENCY, OUTSIDE A HOSPITAL, DOCTOR'S OFFICE OR ANY OTHER PLACE HAVING
 PROPER  AND  NECESSARY  ATHLETIC  TRAINING EQUIPMENT, TO A PERSON WHO IS
 UNCONSCIOUS, ILL OR INJURED, SHALL NOT BE LIABLE FOR DAMAGES  FOR  INJU-
 RIES  ALLEGED  TO  HAVE BEEN SUSTAINED BY SUCH PERSON OR FOR DAMAGES FOR
 THE DEATH OF SUCH PERSON ALLEGED TO HAVE OCCURRED BY REASON OF AN ACT OR
 OMISSION IN THE RENDERING OF  SUCH  FIRST  AID  OR  EMERGENCY  TREATMENT
 UNLESS  IT  IS  ESTABLISHED  THAT  SUCH  INJURIES WERE OR SUCH DEATH WAS
 CAUSED BY GROSS NEGLIGENCE ON THE PART OF SUCH ATHLETIC TRAINER. NOTHING
 IN THIS SECTION SHALL BE DEEMED OR  CONSTRUED  TO  RELIEVE  A  CERTIFIED
 ATHLETIC TRAINER FROM LIABILITY FOR DAMAGES FOR INJURIES OR DEATH CAUSED
 BY AN ACT OR OMISSION ON THE PART OF AN ATHLETIC TRAINER WHILE RENDERING
 PROFESSIONAL  SERVICES  IN  THE NORMAL AND ORDINARY COURSE OF HIS OR HER
 PRACTICE.
   § 8308. SEPARABILITY. IF ANY SECTION OF THIS TITLE, OR  PART  THEREOF,
 SHALL  BE ADJUDGED BY ANY COURT OF COMPETENT JURISDICTION TO BE INVALID,
 SUCH JUDGMENT SHALL NOT AFFECT, IMPAIR OR INVALIDATE  THE  REMAINDER  OF
 ANY OTHER SECTION OR PART THEREOF.
                                 TITLE 25
                        MENTAL HEALTH PRACTITIONERS
 SECTION 8400. INTRODUCTION.
         8401. DEFINITIONS.
         8402. MENTAL HEALTH COUNSELING.
 S. 4007--A                         442                        A. 3007--A

         8403. MARRIAGE AND FAMILY THERAPY.
         8404. CREATIVE ARTS THERAPY.
         8405. PSYCHOANALYSIS.
         8406. STATE BOARD FOR MENTAL HEALTH PRACTITIONERS.
         8407. BOUNDARIES OF PROFESSIONAL COMPETENCY.
         8408. HOSPITAL PRIVILEGES.
         8409. LIMITED PERMITS.
         8410. EXEMPTIONS.
         8411. SPECIAL PROVISIONS.
         8412. MANDATORY CONTINUING EDUCATION.
   §  8400. INTRODUCTION. THIS TITLE APPLIES TO THE PROFESSIONS OF MENTAL
 HEALTH COUNSELING, MARRIAGE AND FAMILY THERAPY, CREATIVE  ARTS  THERAPY,
 AND PSYCHOANALYSIS AND PROVIDES FOR THE LICENSING OF SUCH PRACTITIONERS.
 THE  GENERAL  PROVISIONS FOR ALL PROFESSIONS CONTAINED IN TITLE ONE THIS
 ARTICLE APPLY TO THIS TITLE.
   § 8401. DEFINITIONS. FOR PURPOSES OF THIS TITLE, THE  FOLLOWING  TERMS
 SHALL HAVE THE FOLLOWING MEANINGS:
   1.  "BOARD"  MEANS  THE  STATE  BOARD  FOR MENTAL HEALTH PRACTITIONERS
 AUTHORIZED BY SECTION EIGHTY-FOUR HUNDRED SIX OF THIS TITLE.
   2. "PSYCHOTHERAPY" MEANS THE TREATMENT OF MENTAL, NERVOUS,  EMOTIONAL,
 BEHAVIORAL  AND  ADDICTIVE  DISORDERS,  AND  AILMENTS BY THE USE OF BOTH
 VERBAL AND BEHAVIORAL METHODS OF INTERVENTION IN INTERPERSONAL RELATION-
 SHIPS WITH THE INTENT OF ASSISTING  THE  PERSONS  TO  MODIFY  ATTITUDES,
 THINKING,  AFFECT,  AND  BEHAVIOR WHICH ARE INTELLECTUALLY, SOCIALLY AND
 EMOTIONALLY MALADAPTIVE.
   § 8402. MENTAL HEALTH COUNSELING. 1. THE PRACTICE OF THE PROFESSION OF
 MENTAL HEALTH COUNSELING IS DEFINED AS:
   A. THE EVALUATION, ASSESSMENT, AMELIORATION, TREATMENT,  MODIFICATION,
 OR ADJUSTMENT TO A DISABILITY, PROBLEM, OR DISORDER OF BEHAVIOR, CHARAC-
 TER,  DEVELOPMENT,  EMOTION,  PERSONALITY OR RELATIONSHIPS BY THE USE OF
 VERBAL OR BEHAVIORAL METHODS  WITH  INDIVIDUALS,  COUPLES,  FAMILIES  OR
 GROUPS IN PRIVATE PRACTICE, GROUP, OR ORGANIZED SETTINGS; AND
   B.  THE USE OF ASSESSMENT INSTRUMENTS AND MENTAL HEALTH COUNSELING AND
 PSYCHOTHERAPY TO IDENTIFY, EVALUATE AND TREAT DYSFUNCTIONS AND DISORDERS
 FOR PURPOSES OF PROVIDING APPROPRIATE MENTAL HEALTH COUNSELING SERVICES.
   2. ONLY A PERSON LICENSED OR EXEMPT UNDER THIS  TITLE  SHALL  PRACTICE
 MENTAL  HEALTH  COUNSELING  OR  USE THE TITLE "MENTAL HEALTH COUNSELOR".
 ONLY A PERSON LICENSED UNDER THIS TITLE SHALL USE  THE  TITLE  "LICENSED
 MENTAL  HEALTH COUNSELOR" OR ANY OTHER DESIGNATION TENDING TO IMPLY THAT
 THE PERSON IS LICENSED TO PRACTICE MENTAL HEALTH COUNSELING.
   3. REQUIREMENTS FOR A PROFESSIONAL LICENSE. TO QUALIFY FOR  A  LICENSE
 AS  A "LICENSED MENTAL HEALTH COUNSELOR", AN APPLICANT SHALL FULFILL THE
 FOLLOWING REQUIREMENTS:
   A. APPLICATION: FILE AN APPLICATION WITH THE DEPARTMENT;
   B. EDUCATION: HAVE RECEIVED AN  EDUCATION,  INCLUDING  A  MASTER'S  OR
 HIGHER  DEGREE IN COUNSELING FROM A PROGRAM REGISTERED BY THE DEPARTMENT
 OR DETERMINED BY THE DEPARTMENT TO BE THE SUBSTANTIAL EQUIVALENT  THERE-
 OF,  IN  ACCORDANCE  WITH  THE  COMMISSIONER'S REGULATIONS. THE GRADUATE
 COURSEWORK SHALL INCLUDE, BUT NOT BE LIMITED TO, THE FOLLOWING AREAS:
   (I) HUMAN GROWTH AND DEVELOPMENT;
   (II) SOCIAL AND CULTURAL FOUNDATIONS OF COUNSELING;
   (III) COUNSELING THEORY AND PRACTICE AND PSYCHOPATHOLOGY;
   (IV) GROUP DYNAMICS;
   (V) LIFESTYLE AND CAREER DEVELOPMENT;
   (VI) ASSESSMENT AND APPRAISAL OF INDIVIDUALS, COUPLES AND FAMILIES AND
 GROUPS;
 S. 4007--A                         443                        A. 3007--A
 
   (VII) RESEARCH AND PROGRAM EVALUATION;
   (VIII) PROFESSIONAL ORIENTATION AND ETHICS;
   (IX) FOUNDATIONS OF MENTAL HEALTH COUNSELING AND CONSULTATION;
   (X) CLINICAL INSTRUCTION; AND
   (XI) COMPLETION OF A MINIMUM ONE YEAR SUPERVISED INTERNSHIP OR PRACTI-
 CUM IN MENTAL HEALTH COUNSELING;
   C. EXPERIENCE: AN APPLICANT SHALL COMPLETE A MINIMUM OF THREE THOUSAND
 HOURS OF POST-MASTER'S SUPERVISED EXPERIENCE RELEVANT TO THE PRACTICE OF
 MENTAL  HEALTH  COUNSELING  SATISFACTORY  TO THE BOARD AND IN ACCORDANCE
 WITH THE COMMISSIONER'S REGULATIONS. SATISFACTORY EXPERIENCE OBTAINED IN
 AN ENTITY OPERATING UNDER A WAIVER ISSUED BY THE DEPARTMENT PURSUANT  TO
 SECTION  SIXTY-FIVE  HUNDRED  THREE-A OF THIS ARTICLE MAY BE ACCEPTED BY
 THE DEPARTMENT, NOTWITHSTANDING  THAT  SUCH  EXPERIENCE  MAY  HAVE  BEEN
 OBTAINED  PRIOR TO THE EFFECTIVE DATE OF SUCH SECTION SIXTY-FIVE HUNDRED
 THREE-A OF THIS ARTICLE AND/OR PRIOR TO THE  ENTITY  HAVING  OBTAINED  A
 WAIVER.  THE  DEPARTMENT  MAY, FOR GOOD CAUSE SHOWN, ACCEPT SATISFACTORY
 EXPERIENCE THAT WAS OBTAINED IN A SETTING THAT WOULD HAVE BEEN  ELIGIBLE
 FOR  A WAIVER BUT WHICH HAS NOT OBTAINED A WAIVER FROM THE DEPARTMENT OR
 EXPERIENCE THAT WAS OBTAINED IN GOOD FAITH BY THE  APPLICANT  UNDER  THE
 BELIEF  THAT APPROPRIATE AUTHORIZATION HAD BEEN OBTAINED FOR THE EXPERI-
 ENCE, PROVIDED THAT SUCH EXPERIENCE MEETS  ALL  OTHER  REQUIREMENTS  FOR
 ACCEPTABLE EXPERIENCE;
   D.  EXAMINATION:  PASS AN EXAMINATION SATISFACTORY TO THE BOARD AND IN
 ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS;
   E. AGE: BE AT LEAST TWENTY-ONE YEARS OF AGE;
   F. CHARACTER: BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE  DEPART-
 MENT; AND
   G.  FEES: PAY A FEE OF ONE HUNDRED SEVENTY-FIVE DOLLARS FOR AN INITIAL
 LICENSE AND A FEE OF ONE HUNDRED  SEVENTY  DOLLARS  FOR  EACH  TRIENNIAL
 REGISTRATION PERIOD.
   § 8403. MARRIAGE AND FAMILY THERAPY. 1. THE PRACTICE OF THE PROFESSION
 OF MARRIAGE AND FAMILY THERAPY IS DEFINED AS:
   A.  THE  ASSESSMENT  AND  TREATMENT  OF  NERVOUS AND MENTAL DISORDERS,
 WHETHER AFFECTIVE, COGNITIVE OR BEHAVIORAL, WHICH  RESULTS  IN  DYSFUNC-
 TIONAL  INTERPERSONAL FAMILY RELATIONSHIPS INCLUDING, BUT NOT LIMITED TO
 FAMILIAL  RELATIONSHIPS,  MARITAL/COUPLE   RELATIONSHIPS,   PARENT-CHILD
 RELATIONSHIPS, PRE-MARITAL AND OTHER PERSONAL RELATIONSHIPS;
   B.  THE USE OF MENTAL HEALTH COUNSELING, PSYCHOTHERAPY AND THERAPEUTIC
 TECHNIQUES  TO  EVALUATE  AND  TREAT  MARITAL,  RELATIONAL,  AND  FAMILY
 SYSTEMS, AND INDIVIDUALS IN RELATIONSHIP TO THESE SYSTEMS;
   C.  THE  USE  OF  MENTAL HEALTH COUNSELING AND PSYCHOTHERAPEUTIC TECH-
 NIQUES TO TREAT MENTAL, EMOTIONAL AND BEHAVIORAL DISORDERS AND  AILMENTS
 WITHIN  THE CONTEXT OF MARITAL, RELATIONAL AND FAMILY SYSTEMS TO PREVENT
 AND AMELIORATE DYSFUNCTION; AND
   D. THE USE OF ASSESSMENT INSTRUMENTS AND MENTAL HEALTH COUNSELING  AND
 PSYCHOTHERAPY  TO  IDENTIFY  AND EVALUATE DYSFUNCTIONS AND DISORDERS FOR
 PURPOSES OF PROVIDING APPROPRIATE MARRIAGE AND FAMILY THERAPY SERVICES.
   2. ONLY A PERSON LICENSED OR EXEMPT UNDER THIS  TITLE  SHALL  PRACTICE
 MARRIAGE AND FAMILY THERAPY OR USE THE TITLE "MARRIAGE AND FAMILY THERA-
 PIST".    ONLY  A  PERSON LICENSED UNDER THIS TITLE SHALL USE THE TITLES
 "LICENSED MARRIAGE AND FAMILY THERAPIST", "LICENSED MARRIAGE THERAPIST",
 "LICENSED FAMILY THERAPIST" OR ANY OTHER DESIGNATION  TENDING  TO  IMPLY
 THAT THE PERSON IS LICENSED TO PRACTICE MARRIAGE AND FAMILY THERAPY.
   3.  REQUIREMENTS  FOR A PROFESSIONAL LICENSE. TO QUALIFY FOR A LICENSE
 AS A "LICENSED  MARRIAGE  AND  FAMILY  THERAPIST",  AN  APPLICANT  SHALL
 FULFILL THE FOLLOWING REQUIREMENTS:
 S. 4007--A                         444                        A. 3007--A

   A. APPLICATION: FILE AN APPLICATION WITH THE DEPARTMENT;
   B.  EDUCATION: HAVE RECEIVED A MASTER'S OR DOCTORAL DEGREE IN MARRIAGE
 AND FAMILY THERAPY FROM A  PROGRAM  REGISTERED  BY  THE  DEPARTMENT,  OR
 DETERMINED  BY  THE  DEPARTMENT  TO  BE  THE  SUBSTANTIAL EQUIVALENT, IN
 ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS OR A GRADUATE  DEGREE  IN
 AN ALLIED FIELD FROM A PROGRAM REGISTERED BY THE DEPARTMENT AND GRADUATE
 LEVEL  COURSEWORK  DETERMINED  TO  BE  EQUIVALENT  TO THAT REQUIRED IN A
 PROGRAM REGISTERED BY THE DEPARTMENT.   THIS COURSEWORK  SHALL  INCLUDE,
 BUT NOT BE LIMITED TO:
   (I)  THE  STUDY  OF HUMAN DEVELOPMENT, INCLUDING INDIVIDUAL, CHILD AND
 FAMILY DEVELOPMENT;
   (II) PSYCHOPATHOLOGY;
   (III) MARITAL AND FAMILY THERAPY;
   (IV) FAMILY LAW;
   (V) RESEARCH;
   (VI) PROFESSIONAL ETHICS; AND
   (VII) A PRACTICUM OF AT LEAST THREE HUNDRED CLIENT CONTACT HOURS;
   C. EXPERIENCE: THE COMPLETION OF AT LEAST ONE  THOUSAND  FIVE  HUNDRED
 CLIENT CONTACT HOURS OF SUPERVISED CLINICAL EXPERIENCE, BY PERSONS HOLD-
 ING  A  DEGREE  FROM  A MASTER'S OR DOCTORAL PROGRAM, OR THE SUBSTANTIAL
 EQUIVALENT, IN ACCORDANCE WITH THE  COMMISSIONER'S  REGULATIONS  OR  THE
 COMPLETION  OF AT LEAST ONE THOUSAND FIVE HUNDRED CLIENT HOURS OF SUPER-
 VISED POST-MASTER'S CLINICAL EXPERIENCE IN MARRIAGE AND  FAMILY  THERAPY
 SATISFACTORY  TO  THE  DEPARTMENT  IN ACCORDANCE WITH THE COMMISSIONER'S
 REGULATIONS. SATISFACTORY EXPERIENCE OBTAINED  IN  AN  ENTITY  OPERATING
 UNDER  A  WAIVER ISSUED BY THE DEPARTMENT PURSUANT TO SECTION SIXTY-FIVE
 HUNDRED THREE-A OF THIS ARTICLE  MAY  BE  ACCEPTED  BY  THE  DEPARTMENT,
 NOTWITHSTANDING THAT SUCH EXPERIENCE MAY HAVE BEEN OBTAINED PRIOR TO THE
 EFFECTIVE  DATE OF SUCH SECTION SIXTY-FIVE HUNDRED THREE-A OF THIS ARTI-
 CLE AND/OR PRIOR TO THE ENTITY HAVING OBTAINED A WAIVER.  THE DEPARTMENT
 MAY, FOR GOOD CAUSE  SHOWN,  ACCEPT  SATISFACTORY  EXPERIENCE  THAT  WAS
 OBTAINED  IN  A  SETTING  THAT WOULD HAVE BEEN ELIGIBLE FOR A WAIVER BUT
 WHICH HAS NOT OBTAINED A WAIVER FROM THE DEPARTMENT OR  EXPERIENCE  THAT
 WAS OBTAINED IN GOOD FAITH BY THE APPLICANT UNDER THE BELIEF THAT APPRO-
 PRIATE AUTHORIZATION HAD BEEN OBTAINED FOR THE EXPERIENCE, PROVIDED THAT
 SUCH EXPERIENCE MEETS ALL OTHER REQUIREMENTS FOR ACCEPTABLE EXPERIENCE;
   D.  EXAMINATION:  PASS AN EXAMINATION SATISFACTORY TO THE BOARD AND IN
 ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS;
   E. AGE: BE AT LEAST TWENTY-ONE YEARS OF AGE;
   F. CHARACTER: BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE  DEPART-
 MENT; AND
   G.  FEES: PAY A FEE OF ONE HUNDRED SEVENTY-FIVE DOLLARS FOR AN INITIAL
 LICENSE AND A FEE OF ONE HUNDRED  SEVENTY  DOLLARS  FOR  EACH  TRIENNIAL
 REGISTRATION PERIOD.
   §  8404.  CREATIVE  ARTS THERAPY. 1. THE PRACTICE OF THE PROFESSION OF
 CREATIVE ARTS THERAPY IS DEFINED AS:
   A. THE ASSESSMENT, EVALUATION, AND THE  THERAPEUTIC  INTERVENTION  AND
 TREATMENT,  WHICH  MAY  BE  EITHER  PRIMARY,  PARALLEL OR ADJUNCTIVE, OF
 MENTAL, EMOTIONAL, DEVELOPMENTAL AND BEHAVIORAL  DISORDERS  THROUGH  THE
 USE OF THE ARTS AS APPROVED BY THE DEPARTMENT; AND
   B.  THE USE OF ASSESSMENT INSTRUMENTS AND MENTAL HEALTH COUNSELING AND
 PSYCHOTHERAPY TO IDENTIFY, EVALUATE AND TREAT DYSFUNCTIONS AND DISORDERS
 FOR PURPOSES OF PROVIDING APPROPRIATE CREATIVE ARTS THERAPY SERVICES.
   2. ONLY A PERSON LICENSED OR EXEMPT UNDER THIS  TITLE  SHALL  PRACTICE
 CREATIVE ARTS THERAPY OR USE THE TITLE "CREATIVE ARTS THERAPIST". ONLY A
 PERSON  LICENSED UNDER THIS TITLE SHALL USE THE TITLE "LICENSED CREATIVE
 S. 4007--A                         445                        A. 3007--A
 
 ARTS THERAPIST" OR ANY OTHER  DESIGNATION  TENDING  TO  IMPLY  THAT  THE
 PERSON IS LICENSED TO PRACTICE CREATIVE ARTS THERAPY.
   3.  REQUIREMENTS  FOR A PROFESSIONAL LICENSE. TO QUALIFY FOR A LICENSE
 AS A "LICENSED CREATIVE ARTS THERAPIST", AN APPLICANT SHALL FULFILL  THE
 FOLLOWING REQUIREMENTS:
   A. APPLICATION: FILE AN APPLICATION WITH THE DEPARTMENT;
   B.  EDUCATION:  HAVE  RECEIVED  AN  EDUCATION, INCLUDING A MASTER'S OR
 HIGHER DEGREE IN CREATIVE ARTS THERAPY FROM A PROGRAM REGISTERED BY  THE
 DEPARTMENT  OR DETERMINED BY THE DEPARTMENT TO BE THE SUBSTANTIAL EQUIV-
 ALENT THEREOF, IN ACCORDANCE WITH THE  COMMISSIONER'S  REGULATIONS.  THE
 GRADUATE  COURSEWORK SHALL INCLUDE, BUT NOT BE LIMITED TO, THE FOLLOWING
 AREAS:
   (I) HUMAN GROWTH AND DEVELOPMENT;
   (II) THEORIES IN THERAPY;
   (III) GROUP DYNAMICS;
   (IV) ASSESSMENT AND APPRAISAL OF INDIVIDUALS AND GROUPS;
   (V) RESEARCH AND PROGRAM EVALUATION;
   (VI) PROFESSIONAL ORIENTATION AND ETHICS;
   (VII) FOUNDATIONS OF CREATIVE ARTS THERAPY AND PSYCHOPATHOLOGY; AND
   (VIII) CLINICAL INSTRUCTION;
   C. EXPERIENCE: HAVE COMPLETED AT LEAST FIFTEEN HUNDRED HOURS OF  POST-
 MASTER'S  SUPERVISED  EXPERIENCE  IN ONE OR MORE CREATIVE ARTS THERAPIES
 SATISFACTORY TO THE DEPARTMENT AND IN ACCORDANCE WITH THE COMMISSIONER'S
 REGULATIONS. SATISFACTORY EXPERIENCE OBTAINED  IN  AN  ENTITY  OPERATING
 UNDER  A  WAIVER ISSUED BY THE DEPARTMENT PURSUANT TO SECTION SIXTY-FIVE
 HUNDRED THREE-A OF THIS ARTICLE  MAY  BE  ACCEPTED  BY  THE  DEPARTMENT,
 NOTWITHSTANDING THAT SUCH EXPERIENCE MAY HAVE BEEN OBTAINED PRIOR TO THE
 EFFECTIVE  DATE OF SUCH SECTION SIXTY-FIVE HUNDRED THREE-A OF THIS ARTI-
 CLE AND/OR PRIOR TO THE ENTITY HAVING OBTAINED A WAIVER. THE  DEPARTMENT
 MAY,  FOR  GOOD  CAUSE  SHOWN,  ACCEPT  SATISFACTORY EXPERIENCE THAT WAS
 OBTAINED IN A SETTING THAT WOULD HAVE BEEN ELIGIBLE  FOR  A  WAIVER  BUT
 WHICH  HAS  NOT OBTAINED A WAIVER FROM THE DEPARTMENT OR EXPERIENCE THAT
 WAS OBTAINED IN GOOD FAITH BY THE APPLICANT UNDER THE BELIEF THAT APPRO-
 PRIATE AUTHORIZATION HAD BEEN OBTAINED FOR THE EXPERIENCE, PROVIDED THAT
 SUCH EXPERIENCE MEETS ALL OTHER REQUIREMENTS FOR ACCEPTABLE EXPERIENCE;
   D. EXAMINATION: PASS AN EXAMINATION IN CREATIVE ARTS THERAPY SATISFAC-
 TORY TO THE DEPARTMENT AND IN ACCORDANCE WITH THE  COMMISSIONER'S  REGU-
 LATIONS;
   E. AGE: BE AT LEAST TWENTY-ONE YEARS OF AGE;
   F.  CHARACTER: BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE DEPART-
 MENT; AND
   G. FEES: PAY A FEE OF ONE HUNDRED SEVENTY-FIVE DOLLARS FOR AN  INITIAL
 LICENSE  AND  A  FEE  OF  ONE HUNDRED SEVENTY DOLLARS FOR EACH TRIENNIAL
 REGISTRATION PERIOD.
   § 8405. PSYCHOANALYSIS. 1. THE PRACTICE OF THE PROFESSION  OF  PSYCHO-
 ANALYSIS IS DEFINED AS:
   A.  THE  OBSERVATION,  DESCRIPTION,  EVALUATION, AND INTERPRETATION OF
 DYNAMIC UNCONSCIOUS MENTAL PROCESSES THAT CONTRIBUTE TO THE FORMATION OF
 PERSONALITY AND BEHAVIOR IN ORDER TO IDENTIFY  AND  RESOLVE  UNCONSCIOUS
 PSYCHIC  PROBLEMS WHICH AFFECT INTERPERSONAL RELATIONSHIPS AND EMOTIONAL
 DEVELOPMENT, TO FACILITATE CHANGES IN PERSONALITY AND  BEHAVIOR  THROUGH
 THE  USE  OF VERBAL AND NONVERBAL COGNITIVE AND EMOTIONAL COMMUNICATION,
 AND TO DEVELOP ADAPTIVE FUNCTIONING; AND
   B. THE USE OF ASSESSMENT INSTRUMENTS AND MENTAL HEALTH COUNSELING  AND
 PSYCHOTHERAPY TO IDENTIFY, EVALUATE AND TREAT DYSFUNCTIONS AND DISORDERS
 FOR PURPOSES OF PROVIDING APPROPRIATE PSYCHOANALYTIC SERVICES.
 S. 4007--A                         446                        A. 3007--A
 
   2.  ONLY  A  PERSON LICENSED OR EXEMPT UNDER THIS TITLE SHALL PRACTICE
 PSYCHOANALYSIS OR USE THE TITLE "PSYCHOANALYST". ONLY A PERSON  LICENSED
 UNDER  THIS  TITLE  SHALL  USE THE TITLE "LICENSED PSYCHOANALYST" OR ANY
 OTHER DESIGNATION TENDING TO IMPLY THAT THE PERSON IS LICENSED TO  PRAC-
 TICE PSYCHOANALYSIS.
   3.  REQUIREMENTS  FOR A PROFESSIONAL LICENSE. TO QUALIFY FOR A LICENSE
 AS A "LICENSED PSYCHOANALYST", AN APPLICANT SHALL FULFILL THE  FOLLOWING
 REQUIREMENTS:
   A. APPLICATION: FILE AN APPLICATION WITH THE DEPARTMENT;
   B.  EDUCATION:  HAVE  RECEIVED  A  MASTER'S  DEGREE  OR  HIGHER FROM A
 DEGREE-GRANTING PROGRAM REGISTERED BY THE DEPARTMENT OR THE  SUBSTANTIAL
 EQUIVALENT  AND  HAVE  COMPLETED  A  PROGRAM  OF STUDY REGISTERED BY THE
 DEPARTMENT IN A PSYCHOANALYTIC INSTITUTE CHARTERED BY THE DEPARTMENT  OR
 THE  SUBSTANTIAL EQUIVALENT AS DETERMINED BY THE DEPARTMENT. THE PROGRAM
 OF STUDY IN A PSYCHOANALYTIC INSTITUTE SHALL INCLUDE COURSEWORK SUBSTAN-
 TIALLY EQUIVALENT TO COURSEWORK REQUIRED FOR  A  MASTER'S  DEGREE  IN  A
 HEALTH  OR  MENTAL  HEALTH FIELD OF STUDY. THE COURSEWORK SHALL INCLUDE,
 BUT NOT BE LIMITED TO, THE FOLLOWING AREAS:
   (I) PERSONALITY DEVELOPMENT;
   (II) PSYCHOANALYTIC THEORY OF PSYCHOPATHOLOGY;
   (III) PSYCHOANALYTIC THEORY OF PSYCHODIAGNOSIS;
   (IV) SOCIOCULTURAL INFLUENCE ON GROWTH AND PSYCHOPATHOLOGY;
   (V) PRACTICE TECHNIQUE (INCLUDING DREAMS AND SYMBOLIC PROCESSES);
   (VI) ANALYSIS OF RESISTANCE, TRANSFERENCE, AND COUNTERTRANSFERENCE;
   (VII) CASE SEMINARS ON CLINICAL PRACTICE;
   (VIII) PRACTICE IN PSYCHOPATHOLOGY AND PSYCHODIAGNOSIS;
   (IX) PROFESSIONAL ETHICS AND PSYCHOANALYTIC RESEARCH METHODOLOGY; AND
   (X) A MINIMUM OF THREE HUNDRED HOURS  OF  PERSONAL  ANALYSIS  AND  ONE
 HUNDRED FIFTY HOURS OF SUPERVISED ANALYSIS;
   C.  EXPERIENCE:  HAVE  COMPLETED A MINIMUM OF FIFTEEN HUNDRED HOURS OF
 SUPERVISED CLINICAL PRACTICE  SATISFACTORY  TO  THE  DEPARTMENT  AND  IN
 ACCORDANCE  WITH THE COMMISSIONER'S REGULATIONS. SATISFACTORY EXPERIENCE
 OBTAINED IN AN ENTITY OPERATING UNDER A WAIVER ISSUED BY THE  DEPARTMENT
 PURSUANT  TO  SECTION  SIXTY-FIVE HUNDRED THREE-A OF THIS ARTICLE MAY BE
 ACCEPTED BY THE DEPARTMENT, NOTWITHSTANDING  THAT  SUCH  EXPERIENCE  MAY
 HAVE  BEEN  OBTAINED  PRIOR TO THE EFFECTIVE DATE OF SUCH SECTION SIXTY-
 FIVE HUNDRED THREE-A AND/OR PRIOR TO THE ENTITY HAVING OBTAINED A  WAIV-
 ER.  THE DEPARTMENT MAY, FOR GOOD CAUSE SHOWN, ACCEPT SATISFACTORY EXPE-
 RIENCE THAT WAS OBTAINED IN A SETTING THAT WOULD HAVE BEEN ELIGIBLE  FOR
 A  WAIVER  BUT  WHICH  HAS  NOT OBTAINED A WAIVER FROM THE DEPARTMENT OR
 EXPERIENCE THAT WAS OBTAINED IN GOOD FAITH BY THE  APPLICANT  UNDER  THE
 BELIEF  THAT APPROPRIATE AUTHORIZATION HAD BEEN OBTAINED FOR THE EXPERI-
 ENCE, PROVIDED THAT SUCH EXPERIENCE MEETS  ALL  OTHER  REQUIREMENTS  FOR
 ACCEPTABLE EXPERIENCE;
   D.  EXAMINATION: PASS AN EXAMINATION IN PSYCHOANALYSIS SATISFACTORY TO
 THE DEPARTMENT AND IN ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS;
   E. AGE: BE AT LEAST TWENTY-ONE YEARS OF AGE;
   F. CHARACTER: BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE  DEPART-
 MENT; AND
   G.  FEES: PAY A FEE OF ONE HUNDRED SEVENTY-FIVE DOLLARS FOR AN INITIAL
 LICENSE AND A FEE OF ONE HUNDRED  SEVENTY  DOLLARS  FOR  EACH  TRIENNIAL
 REGISTRATION PERIOD.
   § 8406. STATE BOARD FOR MENTAL HEALTH PRACTITIONERS. A STATE BOARD FOR
 MENTAL  HEALTH  PRACTITIONERS SHALL BE APPOINTED BY THE COMMISSIONER FOR
 THE PURPOSE OF ASSISTING THE DEPARTMENT  ON  MATTERS  OF  LICENSING  AND
 REGULATION.    THE  BOARD  SHALL  BE COMPOSED OF AT LEAST THREE LICENSED
 S. 4007--A                         447                        A. 3007--A
 
 MEMBERS FROM EACH PROFESSION LICENSED PURSUANT  TO  THIS  TITLE  AND  AT
 LEAST  THREE  PUBLIC  REPRESENTATIVES  WHO  DO NOT HOLD INTERESTS IN THE
 ORGANIZATION, FINANCING, OR DELIVERY OF MENTAL  HEALTH  SERVICES.  ADDI-
 TIONALLY,  THE BOARD SHALL CONTAIN ONE PHYSICIAN WHO SHALL BE A PSYCHIA-
 TRIST. MEMBERS OF THE FIRST BOARD NEED NOT BE LICENSED  PRIOR  TO  THEIR
 APPOINTMENT TO THE BOARD. THE TERMS OF THE FIRST APPOINTED MEMBERS SHALL
 BE  STAGGERED  SO  THAT  FIVE  ARE  APPOINTED  FOR THREE YEARS, FIVE ARE
 APPOINTED FOR FOUR YEARS, AND SIX ARE APPOINTED FOR FIVE YEARS. AN EXEC-
 UTIVE SECRETARY TO THE BOARD SHALL BE APPOINTED BY THE COMMISSIONER.
   § 8407. BOUNDARIES OF PROFESSIONAL COMPETENCY. 1. IT SHALL  BE  DEEMED
 PRACTICING  OUTSIDE THE BOUNDARIES OF HIS OR HER PROFESSIONAL COMPETENCE
 FOR A PERSON LICENSED PURSUANT TO THIS TITLE, IN THE CASE  OF  TREATMENT
 OF  ANY SERIOUS MENTAL ILLNESS, TO PROVIDE ANY MENTAL HEALTH SERVICE FOR
 SUCH ILLNESS ON A CONTINUOUS AND SUSTAINED BASIS WITHOUT A MEDICAL EVAL-
 UATION OF THE ILLNESS BY, AND CONSULTATION WITH, A  PHYSICIAN  REGARDING
 SUCH  ILLNESS.    SUCH  MEDICAL  EVALUATION AND CONSULTATION SHALL BE TO
 DETERMINE AND ADVISE WHETHER ANY MEDICAL  CARE  IS  INDICATED  FOR  SUCH
 ILLNESS.  FOR  PURPOSES  OF THIS SECTION, "SERIOUS MENTAL ILLNESS" MEANS
 SCHIZOPHRENIA, SCHIZOAFFECTIVE DISORDER, BIPOLAR DISORDER, MAJOR DEPRES-
 SIVE DISORDER, PANIC  DISORDER,  OBSESSIVE-COMPULSIVE  DISORDER,  ATTEN-
 TION-DEFICIT HYPERACTIVITY DISORDER AND AUTISM.
   2.  ANY INDIVIDUAL WHOSE LICENSE OR AUTHORITY TO PRACTICE DERIVES FROM
 THE PROVISIONS OF THIS TITLE SHALL BE PROHIBITED FROM:
   A. PRESCRIBING OR ADMINISTERING DRUGS AS DEFINED IN THIS CHAPTER AS  A
 TREATMENT,  THERAPY,  OR  PROFESSIONAL SERVICE IN THE PRACTICE OF HIS OR
 HER PROFESSION; OR
   B. USING INVASIVE PROCEDURES AS A TREATMENT, THERAPY, OR  PROFESSIONAL
 SERVICE  IN  THE PRACTICE OF HIS OR HER PROFESSION. FOR PURPOSES OF THIS
 SUBDIVISION, "INVASIVE PROCEDURE" MEANS ANY  PROCEDURE  IN  WHICH  HUMAN
 TISSUE  IS CUT, ALTERED, OR OTHERWISE INFILTRATED BY MECHANICAL OR OTHER
 MEANS.  INVASIVE PROCEDURE INCLUDES SURGERY, LASERS, IONIZING RADIATION,
 THERAPEUTIC ULTRASOUND, OR ELECTROCONVULSIVE THERAPY.
   § 8408. HOSPITAL PRIVILEGES. NOTHING IN THIS TITLE SHALL BE DEEMED  TO
 AUTHORIZE,  GRANT, OR EXTEND HOSPITAL PRIVILEGES TO INDIVIDUALS LICENSED
 UNDER THIS TITLE.
   § 8409. LIMITED PERMITS. THE  FOLLOWING  REQUIREMENTS  FOR  A  LIMITED
 PERMIT SHALL APPLY TO ALL PROFESSIONS LICENSED PURSUANT TO THIS TITLE:
   1. THE DEPARTMENT MAY ISSUE A LIMITED PERMIT TO AN APPLICANT WHO MEETS
 ALL  QUALIFICATIONS FOR LICENSURE, EXCEPT THE EXAMINATION AND/OR EXPERI-
 ENCE REQUIREMENTS, IN ACCORDANCE WITH REGULATIONS PROMULGATED THEREFOR.
   2. LIMITED PERMITS SHALL BE FOR TWO YEARS; SUCH LIMITED PERMITS MAY BE
 RENEWED, AT THE DISCRETION OF THE DEPARTMENT, FOR UP TO  TWO  ADDITIONAL
 ONE YEAR PERIODS.
   3.  THE  FEE  FOR  EACH  LIMITED  PERMIT AND FOR EACH RENEWAL SHALL BE
 SEVENTY DOLLARS.
   § 8410. EXEMPTIONS. NOTHING CONTAINED IN THIS TITLE SHALL BE CONSTRUED
 TO:
   1. APPLY TO THE PRACTICE, CONDUCT, ACTIVITIES, SERVICES OR USE OF  ANY
 TITLE  BY  ANY PERSON LICENSED OR OTHERWISE AUTHORIZED TO PRACTICE MEDI-
 CINE WITHIN THE STATE PURSUANT TO TITLE TWO OF THIS ARTICLE  OR  BY  ANY
 PERSON  REGISTERED  TO  PERFORM SERVICES AS A PHYSICIAN ASSISTANT WITHIN
 THE STATE PURSUANT TO TITLE FOUR  OF  THIS  ARTICLE  OR  BY  ANY  PERSON
 LICENSED  OR  OTHERWISE  AUTHORIZED  TO  PRACTICE PSYCHOLOGY WITHIN THIS
 STATE PURSUANT TO TITLE SEVENTEEN OF  THIS  ARTICLE  OR  BY  ANY  PERSON
 LICENSED  OR  OTHERWISE  AUTHORIZED  TO PRACTICE SOCIAL WORK WITHIN THIS
 STATE PURSUANT TO TITLE EIGHTEEN OF  THIS  ARTICLE,  OR  BY  ANY  PERSON
 S. 4007--A                         448                        A. 3007--A
 
 LICENSED  OR  OTHERWISE  AUTHORIZED  TO PRACTICE NURSING AS A REGISTERED
 PROFESSIONAL NURSE OR NURSE PRACTITIONER WITHIN THIS STATE  PURSUANT  TO
 TITLE  TWELVE  OF  THIS  ARTICLE  OR BY ANY PERSON LICENSED OR OTHERWISE
 AUTHORIZED TO PRACTICE APPLIED BEHAVIOR ANALYSIS WITHIN THE STATE PURSU-
 ANT  TO  TITLE  TWENTY-NINE  OF THIS ARTICLE; PROVIDED, HOWEVER, THAT NO
 PHYSICIAN, PHYSICIAN'S ASSISTANT, REGISTERED PROFESSIONAL  NURSE,  NURSE
 PRACTITIONER,  PSYCHOLOGIST,  LICENSED  MASTER  SOCIAL  WORKER, LICENSED
 CLINICAL SOCIAL WORKER, LICENSED BEHAVIOR ANALYST OR CERTIFIED  BEHAVIOR
 ANALYST ASSISTANT MAY USE THE TITLES "LICENSED MENTAL HEALTH COUNSELOR",
 "LICENSED MARRIAGE AND FAMILY THERAPIST", "LICENSED CREATIVE ARTS THERA-
 PIST", OR "LICENSED PSYCHOANALYST", UNLESS LICENSED UNDER THIS ARTICLE;
   2. PROHIBIT OR LIMIT ANY INDIVIDUAL WHO IS CREDENTIALED UNDER ANY LAW,
 INCLUDING  ATTORNEYS, RAPE CRISIS COUNSELORS, CERTIFIED ALCOHOLISM COUN-
 SELORS AND CERTIFIED SUBSTANCE ABUSE COUNSELORS  FROM  PROVIDING  MENTAL
 HEALTH SERVICES WITHIN THEIR RESPECTIVE ESTABLISHED AUTHORITIES;
   3. PROHIBIT OR LIMIT THE PRACTICE OF A PROFESSION LICENSED PURSUANT TO
 THIS TITLE BY A STUDENT, INTERN OR RESIDENT IN, AND AS PART OF, A SUPER-
 VISED EDUCATIONAL PROGRAM IN AN INSTITUTION APPROVED BY THE DEPARTMENT;
   4.  PROHIBIT OR LIMIT THE PROVISION OF PASTORAL COUNSELING SERVICES BY
 ANY MEMBER OF THE CLERGY OR CHRISTIAN SCIENCE PRACTITIONER,  WITHIN  THE
 CONTEXT OF HIS OR HER MINISTERIAL CHARGE OR OBLIGATION;
   5.  PROHIBIT OR LIMIT INDIVIDUALS, CHURCHES, SCHOOLS, TEACHERS, ORGAN-
 IZATIONS, OR  NOT-FOR-PROFIT  BUSINESSES,  FROM  PROVIDING  INSTRUCTION,
 ADVICE, SUPPORT, ENCOURAGEMENT, OR INFORMATION TO INDIVIDUALS, FAMILIES,
 AND RELATIONAL GROUPS;
   6.  PROHIBIT  OR  LIMIT AN OCCUPATIONAL THERAPIST FROM PERFORMING WORK
 CONSISTENT WITH TITLE TWENTY OF THIS ARTICLE;
   7. PROHIBIT THE PRACTICE OF MENTAL  HEALTH  COUNSELING,  MARRIAGE  AND
 FAMILY  THERAPY,  CREATIVE ARTS THERAPY OR PSYCHOANALYSIS, TO THE EXTENT
 PERMISSIBLE WITHIN THE SCOPE OF PRACTICE OF  SUCH  PROFESSIONS,  BY  ANY
 NOT-FOR-PROFIT  CORPORATION  OR EDUCATION CORPORATION PROVIDING SERVICES
 WITHIN THE STATE OF NEW YORK AND OPERATING UNDER A  WAIVER  PURSUANT  TO
 SECTION  SIXTY-FIVE  HUNDRED  THREE-A  OF THIS TITLE, PROVIDED THAT SUCH
 ENTITIES OFFERING MENTAL HEALTH COUNSELING, MARRIAGE AND FAMILY THERAPY,
 CREATIVE ARTS THERAPY OR PSYCHOANALYSIS SERVICES SHALL ONLY PROVIDE SUCH
 SERVICES THROUGH  AN  INDIVIDUAL  APPROPRIATELY  LICENSED  OR  OTHERWISE
 AUTHORIZED  TO PROVIDE SUCH SERVICES OR A PROFESSIONAL ENTITY AUTHORIZED
 BY LAW TO PROVIDE SUCH SERVICES;
   8. A. PREVENT A PERSON WITHOUT A LICENSE FROM: PERFORMING  ASSESSMENTS
 INCLUDING  BUT NOT LIMITED TO BASIC INFORMATION COLLECTION, GATHERING OF
 DEMOGRAPHIC DATA, AND INFORMAL OBSERVATIONS, SCREENING AND REFERRAL USED
 FOR GENERAL ELIGIBILITY FOR A PROGRAM OR  SERVICE  AND  DETERMINING  THE
 FUNCTIONAL  STATUS  OF AN INDIVIDUAL FOR THE PURPOSE OF DETERMINING NEED
 FOR SERVICES; ADVISING  INDIVIDUALS  REGARDING  THE  APPROPRIATENESS  OF
 BENEFITS  THEY  ARE  ELIGIBLE FOR; PROVIDING GENERAL ADVICE AND GUIDANCE
 AND ASSISTING INDIVIDUALS OR GROUPS WITH DIFFICULT DAY TO  DAY  PROBLEMS
 SUCH AS FINDING EMPLOYMENT, LOCATING SOURCES OF ASSISTANCE, AND ORGANIZ-
 ING  COMMUNITY  GROUPS  TO  WORK  ON  A SPECIFIC PROBLEM; PROVIDING PEER
 SERVICES; SELECTING FOR SUITABILITY AND PROVIDING SUBSTANCE ABUSE TREAT-
 MENT SERVICES OR GROUP RE-ENTRY SERVICES TO INCARCERATED INDIVIDUALS  IN
 STATE  CORRECTIONAL  FACILITIES;  OR PROVIDING SUBSTANCE ABUSE TREATMENT
 SERVICES OR RE-ENTRY  SERVICES  TO  INCARCERATED  INDIVIDUALS  IN  LOCAL
 CORRECTIONAL FACILITIES.
   B.  PREVENT  A  PERSON  WITHOUT A LICENSE FROM CREATING, DEVELOPING OR
 IMPLEMENTING A SERVICE PLAN OR RECOVERY PLAN THAT IS  NOT  A  BEHAVIORAL
 HEALTH DIAGNOSIS OR TREATMENT PLAN. SUCH SERVICE OR RECOVERY PLANS SHALL
 S. 4007--A                         449                        A. 3007--A
 
 INCLUDE, BUT ARE NOT LIMITED TO, COORDINATING, EVALUATING OR DETERMINING
 THE  NEED  FOR, OR THE PROVISION OF THE FOLLOWING SERVICES: JOB TRAINING
 AND EMPLOYABILITY; HOUSING; HOMELESS SERVICES AND SHELTERS FOR  HOMELESS
 INDIVIDUALS AND FAMILIES; REFUGEE SERVICES; RESIDENTIAL, DAY OR COMMUNI-
 TY  HABILITATION  SERVICES;  GENERAL PUBLIC ASSISTANCE; IN HOME SERVICES
 AND SUPPORTS OR HOME-DELIVERED MEALS; RECOVERY SUPPORTS; ADULT OR  CHILD
 PROTECTIVE  SERVICES  INCLUDING  INVESTIGATIONS; DETENTION AS DEFINED IN
 SECTION FIVE HUNDRED TWO OF THE EXECUTIVE LAW; PREVENTION  AND  RESIDEN-
 TIAL SERVICES FOR VICTIMS OF DOMESTIC VIOLENCE; SERVICES FOR RUNAWAY AND
 HOMELESS  YOUTH;  FOSTER CARE, ADOPTION, PREVENTIVE SERVICES OR SERVICES
 IN ACCORDANCE WITH AN APPROVED PLAN PURSUANT  TO  SECTION  FOUR  HUNDRED
 FOUR  OF  THE  SOCIAL  SERVICES LAW, INCLUDING, ADOPTION AND FOSTER HOME
 STUDIES AND ASSESSMENTS, FAMILY SERVICE PLANS, TRANSITION PLANS, PERMAN-
 ENCY PLANNING ACTIVITIES, AND CASE PLANNING OR CASE MANAGEMENT  AS  SUCH
 TERMS ARE DEFINED IN THE REGULATIONS OF THE OFFICE OF CHILDREN AND FAMI-
 LY  SERVICES;  RESIDENTIAL  REHABILITATION;  HOME  AND  COMMUNITY  BASED
 SERVICES; AND DE-ESCALATION TECHNIQUES, PEER SERVICES OR SKILL  DEVELOP-
 MENT.
   C.  (I)  PREVENT  A  PERSON  WITHOUT A LICENSE FROM PARTICIPATING AS A
 MEMBER OF A MULTI-DISCIPLINARY TEAM TO ASSIST IN THE DEVELOPMENT  OF  OR
 IMPLEMENTATION  OF  A  BEHAVIORAL  HEALTH  SERVICES  OR  TREATMENT PLAN;
 PROVIDED THAT SUCH TEAM SHALL INCLUDE ONE OR MORE PROFESSIONALS LICENSED
 UNDER THIS TITLE OR TITLES TWO, TWELVE, SEVENTEEN OR  EIGHTEEN  OF  THIS
 ARTICLE; AND PROVIDED, FURTHER, THAT THE ACTIVITIES PERFORMED BY MEMBERS
 OF THE TEAM SHALL BE CONSISTENT WITH THE SCOPE OF PRACTICE FOR EACH TEAM
 MEMBER  LICENSED OR AUTHORIZED UNDER THIS ARTICLE, AND THOSE WHO ARE NOT
 SO AUTHORIZED MAY NOT ENGAGE IN THE FOLLOWING RESTRICTED PRACTICES:  THE
 DIAGNOSIS  OF MENTAL, EMOTIONAL, BEHAVIORAL, ADDICTIVE AND DEVELOPMENTAL
 DISORDERS AND  DISABILITIES;  PATIENT  ASSESSMENT  AND  EVALUATING;  THE
 PROVISION  OF  PSYCHOTHERAPEUTIC  TREATMENT;  THE PROVISION OF TREATMENT
 OTHER THAN PSYCHOTHERAPEUTIC TREATMENT; OR INDEPENDENTLY DEVELOPING  AND
 IMPLEMENTING  ASSESSMENT-BASED  TREATMENT  PLANS  AS  DEFINED IN SECTION
 SEVENTY-SEVEN HUNDRED ONE OF THIS CHAPTER.
   (II) FOR THE PURPOSES OF THIS PARAGRAPH, "ASSIST" SHALL  INCLUDE,  BUT
 NOT  BE LIMITED TO, THE PROVISION OR PERFORMANCE OF THE FOLLOWING TASKS,
 SERVICES, OR FUNCTIONS BY AN INDIVIDUAL WHO HAS  OBTAINED  THE  TRAINING
 AND  EXPERIENCE  REQUIRED  BY  THE  APPLICABLE STATE OVERSIGHT AGENCY TO
 PERFORM SUCH TASK, SERVICE OR FUNCTION IN FACILITIES OR PROGRAMS OPERAT-
 ING PURSUANT TO ARTICLE NINETEEN-G OF THE EXECUTIVE LAW; ARTICLES SEVEN,
 SIXTEEN, THIRTY-ONE OR THIRTY-TWO OF THE MENTAL HYGIENE  LAW;  OR  TITLE
 THREE OF ARTICLE SEVEN OF THE SOCIAL SERVICES LAW:
   (A)  HELPING  AN  INDIVIDUAL WITH THE COMPLETION OF FORMS OR QUESTION-
 NAIRES;
   (B) REVIEWING EXISTING CASE RECORDS AND COLLECTING BACKGROUND INFORMA-
 TION ABOUT AN INDIVIDUAL WHICH MAY BE USED BY THE LICENSED  PROFESSIONAL
 OR MULTI-DISCIPLINARY TEAM;
   (C)  GATHERING  AND  REPORTING  INFORMATION  ABOUT PREVIOUS BEHAVIORAL
 HEALTH INTERVENTIONS, HOSPITALIZATIONS, DOCUMENTED DIAGNOSIS,  OR  PRIOR
 TREATMENT FOR REVIEW BY THE LICENSED PROFESSIONAL AND MULTI-DISCIPLINARY
 TEAM;
   (D)  DISCUSSING  WITH  THE  INDIVIDUAL  HIS  OR  HER SITUATION, NEEDS,
 CONCERNS, AND THOUGHTS IN ORDER TO HELP IDENTIFY SERVICES  THAT  SUPPORT
 THE INDIVIDUAL'S GOALS, INDEPENDENCE, AND QUALITY OF LIFE;
   (E)  PROVIDING  ADVICE, INFORMATION, AND ASSISTANCE TO INDIVIDUALS AND
 FAMILY MEMBERS TO IDENTIFY NEEDS AND AVAILABLE RESOURCES IN THE COMMUNI-
 TY TO HELP MEET THE NEEDS OF THE INDIVIDUAL OR FAMILY MEMBER;
 S. 4007--A                         450                        A. 3007--A
 
   (F) ENGAGING IN IMMEDIATE AND LONG-TERM PROBLEM SOLVING,  ENGAGING  IN
 THE  DEVELOPMENT  OF  SOCIAL  SKILLS, OR PROVIDING GENERAL HELP IN AREAS
 INCLUDING, BUT NOT LIMITED TO, HOUSING, EMPLOYMENT, CHILD CARE,  PARENT-
 ING, COMMUNITY BASED SERVICES, AND FINANCES;
   (G) DISTRIBUTING PAPER COPIES OF SELF-ADMINISTERED TESTS FOR THE INDI-
 VIDUAL  TO  COMPLETE  WHEN SUCH TESTS DO NOT REQUIRE THE OBSERVATION AND
 JUDGMENT OF A LICENSED PROFESSIONAL;
   (H) MONITORING TREATMENT BY THE COLLECTION OF WRITTEN AND/OR  OBSERVA-
 TIONAL  DATA  IN ACCORDANCE WITH THE TREATMENT PLAN AND PROVIDING VERBAL
 OR WRITTEN REPORTS TO THE MULTI-DISCIPLINARY TEAM;
   (I) IDENTIFYING GAPS IN SERVICES AND COORDINATING ACCESS TO OR ARRANG-
 ING  SERVICES  FOR  INDIVIDUALS  SUCH  AS  HOME  CARE,  COMMUNITY  BASED
 SERVICES,  HOUSING,  EMPLOYMENT,  TRANSPORTATION, CHILD CARE, VOCATIONAL
 TRAINING, OR HEALTH CARE;
   (J) OFFERING EDUCATION PROGRAMS THAT PROVIDE INFORMATION ABOUT DISEASE
 IDENTIFICATION AND RECOMMENDED TREATMENTS THAT MAY BE PROVIDED, AND  HOW
 TO ACCESS SUCH TREATMENT;
   (K)  REPORTING  ON  BEHAVIOR,  ACTIONS,  AND RESPONSES TO TREATMENT BY
 COLLECTING WRITTEN AND/OR OBSERVATIONAL DATA AS PART OF  A  MULTI-DISCI-
 PLINARY TEAM;
   (L)  USING DE-ESCALATION TECHNIQUES CONSISTENT WITH APPROPRIATE TRAIN-
 ING;
   (M) PERFORMING ASSESSMENTS USING  STANDARDIZED,  STRUCTURED  INTERVIEW
 TOOLS OR INSTRUMENTS;
   (N) DIRECTLY DELIVERING SERVICES OUTLINED IN THE SERVICE PLAN THAT ARE
 NOT  CLINICAL IN NATURE BUT HAVE BEEN TAILORED TO AN INDIVIDUAL BASED ON
 ANY DIAGNOSES SUCH INDIVIDUAL MAY HAVE RECEIVED FROM A LICENSED  PROFES-
 SIONAL; AND
   (O)  ADVOCATING WITH EDUCATIONAL, JUDICIAL OR OTHER SYSTEMS TO PROTECT
 AN INDIVIDUAL'S RIGHTS AND ACCESS TO APPROPRIATE SERVICES.
   D. PROVIDED, FURTHER,  THAT  NOTHING  IN  THIS  SUBDIVISION  SHALL  BE
 CONSTRUED AS REQUIRING A LICENSE FOR ANY PARTICULAR ACTIVITY OR FUNCTION
 BASED  SOLELY ON THE FACT THAT THE ACTIVITY OR FUNCTION IS NOT LISTED IN
 THIS SUBDIVISION.
   9. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, NOTHING
 IN THIS TITLE SHALL BE CONSTRUED TO PROHIBIT OR LIMIT THE ACTIVITIES  OR
 SERVICES  PROVIDED UNDER THIS TITLE BY ANY PERSON WHO IS EMPLOYED OR WHO
 COMMENCES EMPLOYMENT IN A PROGRAM OR SERVICE OPERATED, REGULATED,  FUND-
 ED, OR APPROVED BY THE DEPARTMENT OF MENTAL HYGIENE, THE OFFICE OF CHIL-
 DREN  AND  FAMILY  SERVICES, THE DEPARTMENT OF CORRECTIONS AND COMMUNITY
 SUPERVISION, THE OFFICE OF  TEMPORARY  AND  DISABILITY  ASSISTANCE,  THE
 STATE  OFFICE  FOR  THE AGING AND THE DEPARTMENT OR A LOCAL GOVERNMENTAL
 UNIT AS THAT TERM IS DEFINED IN SECTION 41.03 OF THE MENTAL HYGIENE  LAW
 OR  A  SOCIAL  SERVICES  DISTRICT AS DEFINED IN SECTION SIXTY-ONE OF THE
 SOCIAL SERVICES LAW ON OR BEFORE TWO YEARS FROM THE DATE THAT THE  REGU-
 LATIONS  ISSUED  IN  ACCORDANCE  WITH  SECTION  SIX OF PART Y OF CHAPTER
 FIFTY-SEVEN OF THE LAWS OF TWO THOUSAND EIGHTEEN  APPEAR  IN  THE  STATE
 REGISTER OR ARE ADOPTED, WHICHEVER IS LATER.  SUCH PROHIBITIONS OR LIMI-
 TATIONS  SHALL  NOT  APPLY  TO SUCH EMPLOYEES FOR AS LONG AS THEY REMAIN
 EMPLOYED BY SUCH PROGRAMS OR SERVICES AND WHETHER THEY  REMAIN  EMPLOYED
 BY  THE  SAME  OR  OTHER  EMPLOYERS PROVIDING SUCH PROGRAMS OR SERVICES.
 PROVIDED HOWEVER, THAT ANY  PERSON  WHO  COMMENCES  EMPLOYMENT  IN  SUCH
 PROGRAM  OR  SERVICE  AFTER  SUCH  DATE  AND  PERFORMS SERVICES THAT ARE
 RESTRICTED UNDER THIS TITLE SHALL BE APPROPRIATELY LICENSED  OR  AUTHOR-
 IZED  UNDER  THIS  TITLE.  EACH  STATE OVERSIGHT AGENCY SHALL CREATE AND
 S. 4007--A                         451                        A. 3007--A
 
 MAINTAIN A PROCESS TO VERIFY EMPLOYMENT HISTORY  OF  INDIVIDUALS  EXEMPT
 UNDER THIS SUBDIVISION.
   10.  THE  ACTIVITIES  OR SERVICES PROVIDED BY A PERSON WITH A MASTER'S
 LEVEL DEGREE REQUIRED FOR LICENSURE  PURSUANT  TO  THIS  TITLE,  WORKING
 UNDER  THE  SUPERVISION  OF  A  PROFESSIONAL  LICENSED PURSUANT TO TITLE
 SEVENTEEN OR EIGHTEEN OF THIS ARTICLE IN A PROGRAM OR SERVICE  OPERATED,
 REGULATED,  FUNDED, OR APPROVED BY THE DEPARTMENT OF MENTAL HYGIENE, THE
 OFFICE OF CHILDREN AND FAMILY SERVICES, THE  DEPARTMENT  OF  CORRECTIONS
 AND  COMMUNITY  SUPERVISION,  THE  OFFICE  OF  TEMPORARY  AND DISABILITY
 ASSISTANCE, THE STATE OFFICE FOR THE AGING AND THE DEPARTMENT OR A LOCAL
 GOVERNMENT UNIT AS THAT TERM IS DEFINED IN SECTION 41.03 OF  THE  MENTAL
 HYGIENE  LAW  OR A SOCIAL SERVICES DISTRICT AS DEFINED IN SECTION SIXTY-
 ONE OF THE SOCIAL SERVICES LAW.
   § 8411. SPECIAL  PROVISIONS.  1.  THIS  SECTION  SHALL  APPLY  TO  ALL
 PROFESSIONS LICENSED PURSUANT TO THIS TITLE, UNLESS OTHERWISE PROVIDED.
   2.  ANY NONEXEMPT PERSON PRACTICING A PROFESSION TO BE LICENSED PURSU-
 ANT TO THIS TITLE SHALL APPLY FOR A LICENSE OF  SAID  PROFESSION  WITHIN
 ONE YEAR OF THE EFFECTIVE DATE OF THE SPECIFIED PROFESSION.
   A.  IF SUCH PERSON DOES NOT MEET THE REQUIREMENTS FOR A LICENSE ESTAB-
 LISHED WITHIN THIS TITLE, SUCH  PERSON  MAY  MEET  ALTERNATIVE  CRITERIA
 DETERMINED  BY  THE  DEPARTMENT TO BE THE SUBSTANTIAL EQUIVALENT OF SUCH
 CRITERIA.
   B. IF SUCH PERSON MEETS THE REQUIREMENTS  FOR  A  LICENSE  ESTABLISHED
 WITHIN  THIS  TITLE,  EXCEPT  FOR EXAMINATION, AND HAS BEEN CERTIFIED OR
 REGISTERED BY A NATIONAL CERTIFYING OR REGISTERING BODY  HAVING  CERTIF-
 ICATION  OR  REGISTRATION  STANDARDS ACCEPTABLE TO THE COMMISSIONER, THE
 DEPARTMENT SHALL LICENSE WITHOUT EXAMINATION.
   C. IF SUCH PERSON MEETS THE REQUIREMENTS  FOR  A  LICENSE  ESTABLISHED
 WITHIN  THIS TITLE, EXCEPT FOR EXAMINATION, AND THERE EXISTS NO NATIONAL
 CERTIFYING OR REGISTERING  BODY  HAVING  CERTIFICATION  OR  REGISTRATION
 STANDARDS  ACCEPTABLE  TO THE COMMISSIONER, THE DEPARTMENT SHALL LICENSE
 WITHOUT EXAMINATION IF THE APPLICANT SUBMITS  EVIDENCE  SATISFACTORY  TO
 THE  DEPARTMENT  OF HAVING BEEN ENGAGED IN THE PRACTICE OF THE SPECIFIED
 PROFESSION FOR AT LEAST FIVE OF THE IMMEDIATELY PRECEDING EIGHT YEARS.
   3. ANY PERSON LICENSED PURSUANT TO THIS TITLE MAY USE ACCEPTED CLASSI-
 FICATIONS OF SIGNS, SYMPTOMS, DYSFUNCTIONS AND DISORDERS, AS APPROVED IN
 ACCORDANCE WITH REGULATIONS PROMULGATED BY THE DEPARTMENT, IN THE  PRAC-
 TICE OF SUCH LICENSED PROFESSION.
   §  8412.  MANDATORY  CONTINUING  EDUCATION. 1. A. EACH LICENSED MENTAL
 HEALTH COUNSELOR, MARRIAGE  AND  FAMILY  THERAPIST,  PSYCHOANALYST,  AND
 CREATIVE ARTS THERAPIST REQUIRED UNDER THIS TITLE TO REGISTER TRIENNIAL-
 LY  WITH THE DEPARTMENT TO PRACTICE IN THIS STATE, SHALL COMPLY WITH THE
 PROVISIONS OF MANDATORY CONTINUING EDUCATION REQUIREMENTS PRESCRIBED  IN
 SUBDIVISION TWO OF THIS SECTION, EXCEPT AS SET FORTH IN PARAGRAPHS B AND
 C  OF THIS SUBDIVISION.  LICENSED MENTAL HEALTH COUNSELORS, MARRIAGE AND
 FAMILY THERAPISTS, PSYCHOANALYSTS, AND CREATIVE ARTS THERAPISTS  WHO  DO
 NOT  SATISFY  THE  MANDATORY CONTINUING EDUCATION REQUIREMENTS SHALL NOT
 PRACTICE UNTIL THEY HAVE MET  SUCH  REQUIREMENTS,  AND  THEY  HAVE  BEEN
 ISSUED  A REGISTRATION CERTIFICATE, EXCEPT THAT A LICENSED MENTAL HEALTH
 COUNSELOR, MARRIAGE AND FAMILY THERAPIST,  PSYCHOANALYST,  AND  CREATIVE
 ARTS  THERAPIST  MAY PRACTICE WITHOUT HAVING MET SUCH REQUIREMENTS IF HE
 OR SHE IS ISSUED A  CONDITIONAL  REGISTRATION  CERTIFICATE  PURSUANT  TO
 SUBDIVISION THREE OF THIS SECTION.
   B.  EACH  LICENSED MENTAL HEALTH COUNSELOR, MARRIAGE AND FAMILY THERA-
 PIST, PSYCHOANALYST, AND CREATIVE ARTS THERAPIST SHALL  BE  EXEMPT  FROM
 THE MANDATORY CONTINUING EDUCATION REQUIREMENTS FOR THE TRIENNIAL REGIS-
 S. 4007--A                         452                        A. 3007--A

 TRATION  PERIOD DURING WHICH THEY ARE FIRST LICENSED. IN ACCORDANCE WITH
 THE INTENT OF THIS  SECTION,  ADJUSTMENT  TO  THE  MANDATORY  CONTINUING
 EDUCATION  REQUIREMENT  MAY  BE GRANTED BY THE DEPARTMENT FOR REASONS OF
 HEALTH  THAT  ARE  CERTIFIED BY AN APPROPRIATE HEALTH CARE PROFESSIONAL,
 FOR EXTENDED ACTIVE DUTY WITH THE ARMED FORCES OF THE UNITED STATES,  OR
 FOR  OTHER  GOOD  CAUSE  ACCEPTABLE  TO THE DEPARTMENT WHICH MAY PREVENT
 COMPLIANCE.
   C. A LICENSED MENTAL HEALTH COUNSELOR, MARRIAGE AND FAMILY  THERAPIST,
 PSYCHOANALYST,  AND  CREATIVE ARTS THERAPIST NOT ENGAGED IN PRACTICE, AS
 DETERMINED BY THE DEPARTMENT, SHALL BE EXEMPT FROM THE MANDATORY CONTIN-
 UING EDUCATION REQUIREMENT UPON THE  FILING  OF  A  STATEMENT  WITH  THE
 DEPARTMENT  DECLARING SUCH STATUS. ANY LICENSEE WHO RETURNS TO THE PRAC-
 TICE OF MENTAL HEALTH COUNSELING, MARRIAGE AND FAMILY  THERAPY,  PSYCHO-
 ANALYSIS,  AND  CREATIVE  ARTS THERAPY 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 AS A LICENSED MENTAL HEALTH COUNSELOR, MARRIAGE AND FAMILY THER-
 APIST, PSYCHOANALYST, AND CREATIVE ARTS THERAPIST SHALL COMPLETE A MINI-
 MUM  OF  THIRTY-SIX  HOURS  OF ACCEPTABLE FORMAL CONTINUING EDUCATION, A
 MAXIMUM OF TWELVE HOURS OF WHICH MAY BE SELF-INSTRUCTIONAL  COURSE  WORK
 ACCEPTABLE  TO  THE  DEPARTMENT.  ANY  LICENSED MENTAL HEALTH COUNSELOR,
 MARRIAGE AND FAMILY THERAPIST, PSYCHOANALYST, AND CREATIVE  ARTS  THERA-
 PIST  WHOSE FIRST REGISTRATION DATE FOLLOWING THE EFFECTIVE DATE OF THIS
 SECTION OCCURS LESS THAN THREE YEARS FROM SUCH EFFECTIVE DATE, BUT ON OR
 AFTER JANUARY FIRST, TWO THOUSAND SEVENTEEN, SHALL  COMPLETE  CONTINUING
 EDUCATION  HOURS  ON  A PRORATED BASIS AT THE RATE OF ONE HOUR PER MONTH
 FOR THE PERIOD BEGINNING JANUARY FIRST, TWO THOUSAND SEVENTEEN UP TO THE
 FIRST REGISTRATION DATE THEREAFTER. A LICENSEE WHO HAS NOT SATISFIED THE
 MANDATORY CONTINUING EDUCATION REQUIREMENT 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 FOR IN SUBDIVISION THREE OF THIS SECTION.  CONTINUING EDUCATION
 HOURS  TAKEN  DURING  ONE TRIENNIUM MAY NOT BE TRANSFERRED TO THE SUBSE-
 QUENT TRIENNIUM.
   3. A. THE DEPARTMENT, IN  ITS  DISCRETION,  MAY  ISSUE  A  CONDITIONAL
 REGISTRATION  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 COMPLETE 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
 SUBMIT  EVIDENCE, SATISFACTORY TO THE DEPARTMENT, OF REQUIRED CONTINUING
 EDUCATION AND WHO PRACTICES WITHOUT SUCH REGISTRATION MAY BE SUBJECT  TO
 DISCIPLINARY  PROCEEDINGS  PURSUANT TO SECTION SIXTY-FIVE HUNDRED TEN OF
 THIS ARTICLE.
   B. FOR PURPOSES OF THIS SECTION "ACCEPTABLE  FORMAL  EDUCATION"  SHALL
 MEAN  FORMAL  COURSES OF LEARNING WHICH CONTRIBUTE TO PROFESSIONAL PRAC-
 TICE IN MENTAL HEALTH COUNSELING, MARRIAGE AND FAMILY  THERAPY,  PSYCHO-
 ANALYSIS,  OR  CREATIVE  ARTS  THERAPIES  AND  WHICH  MEET THE STANDARDS
 PRESCRIBED BY REGULATIONS OF THE COMMISSIONER. SUCH  FORMAL  COURSES  OF
 LEARNING  SHALL  INCLUDE, BUT NOT BE LIMITED TO, COLLEGIATE LEVEL CREDIT
 AND NON-CREDIT COURSES, PROFESSIONAL DEVELOPMENT PROGRAMS AND  TECHNICAL
 S. 4007--A                         453                        A. 3007--A
 
 SESSIONS  OFFERED BY NATIONAL, STATE AND LOCAL PROFESSIONAL ASSOCIATIONS
 AND OTHER ORGANIZATIONS ACCEPTABLE TO  THE  DEPARTMENT,  AND  ANY  OTHER
 ORGANIZED  EDUCATIONAL  AND TECHNICAL PROGRAMS ACCEPTABLE TO THE DEPART-
 MENT. 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 COURSES IN
 SPECIFIC  SUBJECTS  TO  FULFILL  THIS  MANDATORY  CONTINUING   EDUCATION
 REQUIREMENT.  LICENSED  MENTAL  HEALTH  COUNSELORS,  MARRIAGE AND FAMILY
 THERAPISTS, PSYCHOANALYSTS, AND CREATIVE ARTS THERAPISTS SHALL  MAINTAIN
 ADEQUATE  DOCUMENTATION  OF  COMPLETION  OF ACCEPTABLE FORMAL CONTINUING
 EDUCATION AND SHALL PROVIDE SUCH DOCUMENTATION AT  THE  REQUEST  OF  THE
 DEPARTMENT.  FAILURE  TO  PROVIDE SUCH DOCUMENTATION UPON THE REQUEST OF
 THE DEPARTMENT SHALL BE AN ACT OF  MISCONDUCT  SUBJECT  TO  DISCIPLINARY
 PROCEEDINGS PURSUANT TO SECTION SIXTY-FIVE HUNDRED TEN OF THIS ARTICLE.
   C.  THE  MANDATORY CONTINUING EDUCATION FEE SHALL BE DETERMINED BY THE
 DEPARTMENT. SUCH FEE SHALL BE PAYABLE ON OR BEFORE THE FIRST DAY OF EACH
 TRIENNIAL REGISTRATION PERIOD, AND SHALL BE  PAID  IN  ADDITION  TO  THE
 TRIENNIAL REGISTRATION FEES REQUIRED BY PARAGRAPH G OF SUBDIVISION THREE
 OF  SECTION  EIGHTY-FOUR  HUNDRED  TWO  OF THIS TITLE AND PARAGRAPH G OF
 SUBDIVISION THREE OF SECTION EIGHTY-FOUR HUNDRED FIVE OF THIS TITLE.
 
                                 TITLE 26
        RESPIRATORY THERAPISTS AND RESPIRATORY THERAPY TECHNICIANS
 SECTION 8500.   INTRODUCTION.
         8501.   DEFINITION OF THE PRACTICE OF RESPIRATORY THERAPY.
         8502.   PRACTICE OF RESPIRATORY THERAPY AND  USE  OF  THE  TITLE
                   "RESPIRATORY THERAPIST".
         8503.   STATE BOARD FOR RESPIRATORY THERAPY.
         8504.   REQUIREMENTS FOR LICENSURE AS A RESPIRATORY THERAPIST.
         8504-A. MANDATORY  CONTINUING  EDUCATION  FOR RESPIRATORY THERA-
                   PISTS.
         8505.   EXEMPT PERSONS.
         8506.   LIMITED PERMITS.
         8507.   SPECIAL PROVISIONS.
         8508.   DEFINITION OF THE PRACTICE OF RESPIRATORY THERAPY  TECH-
                   NICIAN.
         8509.   DUTIES OF RESPIRATORY THERAPY TECHNICIANS AND USE OF THE
                   TITLE "RESPIRATORY THERAPY TECHNICIAN".
         8510.   REQUIREMENTS  FOR  LICENSURE  AS  A  RESPIRATORY THERAPY
                   TECHNICIAN.
         8510-A. MANDATORY CONTINUING EDUCATION FOR  RESPIRATORY  THERAPY
                   TECHNICIANS.
         8511.   LIMITED PERMITS.
         8512.   EXEMPT PERSONS.
         8513.   SPECIAL PROVISIONS.
   §  8500.  INTRODUCTION.  THIS TITLE APPLIES TO THE PRACTICE OF RESPIR-
 ATORY THERAPY AND PROVIDES FOR THE LICENSING OF  RESPIRATORY  THERAPISTS
 AND  RESPIRATORY  THERAPY  TECHNICIANS.  THE  GENERAL PROVISIONS FOR ALL
 PROFESSIONS CONTAINED IN TITLE ONE OF THIS ARTICLE SHALL APPLY  TO  THIS
 TITLE.
   §  8501.  DEFINITION OF THE PRACTICE OF RESPIRATORY THERAPY. THE PRAC-
 TICE OF THE PROFESSION OF RESPIRATORY THERAPY, WHICH SHALL BE UNDERTAKEN
 PURSUANT TO THE DIRECTION OF A DULY LICENSED PHYSICIAN,  IS  DEFINED  AS
 S. 4007--A                         454                        A. 3007--A
 
 THE  PERFORMANCE  OF  CARDIOPULMONARY  EVALUATION,  RESPIRATORY  THERAPY
 TREATMENT TECHNIQUES, AND EDUCATION OF THE PATIENT, FAMILY AND PUBLIC.
   1.  EVALUATION SHALL INCLUDE THE ACQUISITION, ANALYSIS AND INTERPRETA-
 TION OF DATA OBTAINED FROM PHYSIOLOGICAL SPECIMENS, PERFORMING  DIAGNOS-
 TIC TESTS, STUDIES AND RESEARCH OF THE CARDIOPULMONARY SYSTEM AND NEURO-
 PHYSIOLOGICAL STUDIES RELATED TO RESPIRATORY CARE.
   2.  THERAPY  SHALL  INCLUDE  THE APPLICATION AND MONITORING OF MEDICAL
 GASES (EXCLUDING ANESTHETIC GASES) AND  ENVIRONMENTAL  CONTROL  SYSTEMS,
 MECHANICAL VENTILATORY SUPPORT, ARTIFICIAL AIRWAY CARE, BRONCHOPULMONARY
 HYGIENE,  PHARMACOLOGIC  AGENTS  RELATED TO RESPIRATORY CARE PROCEDURES,
 AND CARDIOPULMONARY REHABILITATION RELATED AND  LIMITED  TO  RESPIRATORY
 CARE.
   3.  RESPIRATORY  THERAPY  SERVICES  MAY  BE  PERFORMED  PURSUANT  TO A
 PRESCRIPTION OF A LICENSED PHYSICIAN OR CERTIFIED NURSE PRACTITIONER.
   § 8502. PRACTICE OF RESPIRATORY THERAPY AND USE OF THE TITLE  "RESPIR-
 ATORY  THERAPIST".  1. ONLY A PERSON LICENSED OR EXEMPT UNDER THIS TITLE
 SHALL PRACTICE RESPIRATORY THERAPY OR USE THE TITLE "RESPIRATORY  THERA-
 PIST".
   2.  A LICENSED RESPIRATORY THERAPIST MAY SUPERVISE RESPIRATORY THERAPY
 TECHNICIANS IN THE PRACTICE OF THEIR PROFESSION IN  SUCH  CAPACITIES  AS
 ARE PRESCRIBED BY LAW AND AS FROM TIME TO TIME MAY BE SET BY THE COMMIS-
 SIONER.
   § 8503. STATE BOARD FOR RESPIRATORY THERAPY. A STATE BOARD FOR RESPIR-
 ATORY  THERAPY  SHALL  BE APPOINTED BY THE RECOMMENDATION OF THE COMMIS-
 SIONER FOR THE PURPOSE OF ASSISTING THE DEPARTMENT ON MATTERS OF PROFES-
 SIONAL LICENSING AND  CONDUCT  IN  ACCORDANCE  WITH  SECTION  SIXTY-FIVE
 HUNDRED  EIGHT  OF THIS ARTICLE. THE BOARD SHALL BE COMPOSED OF NOT LESS
 THAN FIVE LICENSED  RESPIRATORY  THERAPISTS,  TWO  LICENSED  RESPIRATORY
 THERAPY  TECHNICIANS,  AND  FOUR ADDITIONAL MEMBERS WHO SHALL INCLUDE AT
 LEAST ONE LICENSED PHYSICIAN AND AT LEAST ONE PUBLIC MEMBER. MEMBERS  OF
 THE  FIRST  BOARD  WHO ARE RESPIRATORY THERAPY PRACTITIONERS NEED NOT BE
 LICENSED PRIOR TO APPOINTMENT ON THE BOARD, PROVIDED, HOWEVER, THAT  THE
 FIRST APPOINTED RESPIRATORY THERAPISTS SHALL BE REGISTERED BY A NATIONAL
 CERTIFYING  OR  ACCREDITING  BOARD, ACCEPTABLE TO THE DEPARTMENT AND THE
 FIRST APPOINTED RESPIRATORY THERAPY TECHNICIANS SHALL BE CERTIFIED BY  A
 NATIONAL  CERTIFYING OR ACCREDITING BOARD, ACCEPTABLE TO THE DEPARTMENT.
 AN EXECUTIVE SECRETARY TO THE BOARD SHALL BE APPOINTED  BY  THE  COMMIS-
 SIONER.
   §  8504.  REQUIREMENTS  FOR  LICENSURE  AS A RESPIRATORY THERAPIST. TO
 QUALIFY FOR A LICENSE AS A RESPIRATORY  THERAPIST,  AN  APPLICANT  SHALL
 FULFILL THE FOLLOWING REQUIREMENTS:
   1. APPLICATION: FILE AN APPLICATION WITH THE DEPARTMENT;
   2.  EDUCATION:  HAVE RECEIVED AN EDUCATION, INCLUDING COMPLETION OF AN
 APPROVED ASSOCIATE DEGREE PROGRAM IN RESPIRATORY THERAPY OR IN A PROGRAM
 DETERMINED BY THE DEPARTMENT TO BE THE EQUIVALENT;
   3. EXPERIENCE: HAVE  EXPERIENCE  SATISFACTORY  TO  THE  BOARD  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 EIGHTEEN YEARS OF AGE;
   6. CHARACTER: BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE  DEPART-
 MENT; AND
   7.  FEES: PAY A FEE OF ONE HUNDRED SEVENTY-FIVE DOLLARS TO THE DEPART-
 MENT FOR ADMISSION TO A DEPARTMENT  CONDUCTED  EXAMINATION  AND  FOR  AN
 INITIAL LICENSE; A FEE OF EIGHTY-FIVE DOLLARS FOR EACH RE-EXAMINATION; A
 FEE  OF  ONE  HUNDRED FIFTEEN DOLLARS FOR AN INITIAL LICENSE FOR PERSONS
 S. 4007--A                         455                        A. 3007--A
 
 NOT REQUIRING ADMISSION TO A DEPARTMENT CONDUCTED EXAMINATION AND A  FEE
 OF ONE HUNDRED FIFTY-FIVE DOLLARS FOR EACH TRIENNIAL REGISTRATION PERIOD
 COMMENCING ON AND AFTER JUNE FIRST, NINETEEN HUNDRED NINETY-THREE.
   §  8504-A.  MANDATORY CONTINUING EDUCATION FOR RESPIRATORY THERAPISTS.
 1.  A. EACH LICENSED RESPIRATORY THERAPIST REQUIRED UNDER THIS TITLE  TO
 REGISTER  TRIENNIALLY WITH THE DEPARTMENT TO PRACTICE IN THE STATE SHALL
 COMPLY WITH PROVISIONS OF THE MANDATORY  CONTINUING  EDUCATION  REQUIRE-
 MENTS  PRESCRIBED IN SUBDIVISION TWO OF THIS SECTION EXCEPT AS SET FORTH
 IN PARAGRAPHS B AND C OF THIS SUBDIVISION. RESPIRATORY THERAPISTS WHO DO
 NOT SATISFY THE MANDATORY CONTINUING  EDUCATION  REQUIREMENT  SHALL  NOT
 PRACTICE  UNTIL  THEY HAVE MET SUCH REQUIREMENTS, AND HAVE BEEN ISSUED A
 REGISTRATION CERTIFICATE, EXCEPT THAT A RESPIRATORY THERAPIST MAY  PRAC-
 TICE  WITHOUT  HAVING  MET  SUCH  REQUIREMENTS  IF HE OR SHE IS ISSUED A
 CONDITIONAL REGISTRATION CERTIFICATE PURSUANT TO  SUBDIVISION  THREE  OF
 THIS SECTION.
   B.  RESPIRATORY THERAPISTS SHALL BE EXEMPT FROM THE MANDATORY CONTINU-
 ING EDUCATION REQUIREMENT FOR THE TRIENNIAL REGISTRATION  PERIOD  DURING
 WHICH  THEY  ARE  FIRST  LICENSED.  IN  ACCORD  WITH  THE INTENT OF THIS
 SECTION, ADJUSTMENT TO THE MANDATORY  CONTINUING  EDUCATION  REQUIREMENT
 MAY  BE GRANTED BY THE DEPARTMENT FOR REASONS OF HEALTH, CERTIFIED BY AN
 APPROPRIATE HEALTH CARE PROFESSIONAL, FOR EXTENDED ACTIVE DUTY WITH  THE
 ARMED FORCES OF THE UNITED STATES, OR FOR OTHER GOOD CAUSE ACCEPTABLE TO
 THE DEPARTMENT WHICH MAY PREVENT COMPLIANCE.
   C.  A LICENSED RESPIRATORY THERAPIST NOT ENGAGED IN PRACTICE AS DETER-
 MINED BY THE DEPARTMENT, SHALL BE EXEMPT FROM THE  MANDATORY  CONTINUING
 EDUCATION REQUIREMENT UPON THE FILING OF A STATEMENT WITH THE DEPARTMENT
 DECLARING  SUCH  STATUS.  ANY  LICENSEE  WHO RETURNS TO THEIR RESPECTIVE
 PRACTICE AS A RESPIRATORY THERAPIST 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 AS A RESPIRATORY THERAPIST SHALL COMPLETE A  MINIMUM  OF  THIRTY
 HOURS  OF ACCEPTABLE FORMAL CONTINUING EDUCATION, AS SPECIFIED IN SUBDI-
 VISION FOUR OF THIS SECTION, PROVIDED THAT NO MORE THAN FIFTEEN HOURS OF
 SUCH CONTINUING EDUCATION  SHALL  CONSIST  OF  SELF-STUDY  COURSES.  ANY
 RESPIRATORY THERAPIST WHOSE FIRST REGISTRATION DATE FOLLOWING THE EFFEC-
 TIVE  DATE OF THIS SECTION OCCURS LESS THAN THREE YEARS FROM SUCH EFFEC-
 TIVE DATE, BUT ON OR  AFTER  JANUARY  FIRST,  TWO  THOUSAND  ONE,  SHALL
 COMPLETE  CONTINUING  EDUCATION HOURS ON A PRORATED BASIS AT THE RATE OF
 FIVE-SIXTHS OF ONE HOUR PER  MONTH  FOR  THE  PERIOD  BEGINNING  JANUARY
 FIRST,  TWO  THOUSAND  UP  TO  THE FIRST REGISTRATION DATE THEREAFTER. A
 LICENSEE WHO  HAS  NOT  SATISFIED  THE  MANDATORY  CONTINUING  EDUCATION
 REQUIREMENTS SHALL NOT BE ISSUED A TRIENNIAL REGISTRATION CERTIFICATE BY
 THE  DEPARTMENT  AND  SHALL  NOT PRACTICE UNLESS AND UNTIL A CONDITIONAL
 REGISTRATION CERTIFICATE IS ISSUED AS PROVIDED FOR IN SUBDIVISION  THREE
 OF  THIS  SECTION.  WITH  THE  EXCEPTION  OF  CONTINUING EDUCATION HOURS
 COMPLETED DURING  THE  REGISTRATION  PERIOD  IMMEDIATELY  PRECEDING  THE
 EFFECTIVE  DATE  OF  THIS  SECTION, CONTINUING EDUCATION HOURS COMPLETED
 DURING ONE TRIENNIUM MAY NOT BE 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 COMPLETE 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-
 S. 4007--A                         456                        A. 3007--A

 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
 SUBMIT  EVIDENCE, SATISFACTORY TO THE DEPARTMENT, OF REQUIRED CONTINUING
 EDUCATION AND WHO PRACTICES AS  A  RESPIRATORY  THERAPIST  WITHOUT  SUCH
 REGISTRATION,  MAY  BE  SUBJECT  TO DISCIPLINARY PROCEEDINGS PURSUANT TO
 SECTION SIXTY-FIVE HUNDRED TEN OF THIS ARTICLE.
   4. AS USED IN SUBDIVISION TWO  OF  THIS  SECTION,  "ACCEPTABLE  FORMAL
 CONTINUING  EDUCATION" FOR RESPIRATORY THERAPY SHALL MEAN FORMAL COURSES
 OF LEARNING WHICH CONTRIBUTE TO  PROFESSIONAL  PRACTICE  IN  RESPIRATORY
 THERAPY  AND  WHICH  MEET THE STANDARDS PRESCRIBED BY 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 COURSES IN SPECIFIC SUBJECTS.
   5. RESPIRATORY THERAPISTS SHALL  MAINTAIN  ADEQUATE  DOCUMENTATION  OF
 COMPLETION  OF  ACCEPTABLE FORMAL CONTINUING EDUCATION AND SHALL PROVIDE
 SUCH DOCUMENTATION AT THE REQUEST OF THE DEPARTMENT.
   6. THE MANDATORY CONTINUING EDUCATION FEE FOR  RESPIRATORY  THERAPISTS
 SHALL  BE THIRTY DOLLARS, SHALL BE PAYABLE ON OR BEFORE THE FIRST DAY OF
 EACH TRIENNIAL REGISTRATION PERIOD, AND SHALL BE PAID IN ADDITION TO THE
 TRIENNIAL REGISTRATION FEE REQUIRED BY SECTION EIGHTY-FIVE HUNDRED  FOUR
 OF THIS TITLE.
   § 8505. EXEMPT PERSONS. THIS TITLE SHALL NOT PROHIBIT:
   1.  THE  PRACTICE  OF  RESPIRATORY  THERAPY  AS  AN INTEGRAL PART OF A
 PROGRAM OF STUDY BY STUDENTS ENROLLED IN  APPROVED  RESPIRATORY  THERAPY
 EDUCATION PROGRAMS;
   2. THE PERFORMANCE OF ANY OF THE MODALITIES INCLUDED IN THE DEFINITION
 OF  RESPIRATORY  THERAPY BY ANY OTHER DULY LICENSED, CERTIFIED OR REGIS-
 TERED HEALTH CARE PROVIDER, PROVIDED THAT SUCH MODALITIES ARE WITHIN THE
 SCOPE OF HIS OR HER PRACTICE;
   3. UNLICENSED ASSISTANTS FROM BEING EMPLOYED IN A HOSPITAL, AS DEFINED
 IN ARTICLE TWENTY-EIGHT OF THIS CHAPTER, FOR  PURPOSES  OTHER  THAN  THE
 PRACTICE OF RESPIRATORY THERAPY;
   4.  THE  PRACTICE  OF  RESPIRATORY  THERAPY  BY  ANY LEGALLY QUALIFIED
 RESPIRATORY THERAPY PRACTITIONER OF ANY OTHER STATE OR TERRITORY WHO  IS
 SERVING  IN  THE ARMED FORCES OR THE PUBLIC HEALTH SERVICE OF THE UNITED
 STATES OR WHO IS EMPLOYED BY THE VETERANS' ADMINISTRATION, WHILE ENGAGED
 IN THE PERFORMANCE OF HIS OR HER DUTIES.
   5. THE PROVISION OF POLYSOMNOGRAPHIC TECHNOLOGY SERVICES,  AS  DEFINED
 BY  THE  COMMISSIONER,  BY AN INDIVIDUAL, UNDER THE DIRECTION AND SUPER-
 VISION OF A LICENSED PHYSICIAN, WHO HAS OBTAINED AUTHORIZATION ISSUED BY
 THE DEPARTMENT.  SUCH AUTHORIZATION SHALL BE ISSUED TO  INDIVIDUALS  WHO
 HAVE  MET  STANDARDS, INCLUDING THOSE RELATING TO EDUCATION, EXPERIENCE,
 EXAMINATION AND CHARACTER, AS PROMULGATED IN REGULATIONS OF THE  COMMIS-
 SIONER. SUCH AUTHORIZATION SHALL BE SUBJECT TO THE FULL DISCIPLINARY AND
 REGULATORY  AUTHORITY  OF  THE DEPARTMENT, PURSUANT TO THIS TITLE, AS IF
 SUCH AUTHORIZATION WERE A PROFESSIONAL LICENSE ISSUED UNDER THIS  TITLE.
 THE  APPLICATION  FEE  FOR  SUCH  AUTHORIZATION  SHALL  BE THREE HUNDRED
 DOLLARS. EACH AUTHORIZATION HOLDER SHALL REGISTER  WITH  THE  DEPARTMENT
 EVERY  THREE  YEARS  AND  SHALL  PAY A REGISTRATION FEE OF THREE HUNDRED
 DOLLARS.
   § 8506. LIMITED PERMITS. PERMITS LIMITED AS TO  ELIGIBILITY,  PRACTICE
 AND DURATION SHALL BE ISSUED BY THE DEPARTMENT TO ELIGIBLE APPLICANTS AS
 FOLLOWS:
 S. 4007--A                         457                        A. 3007--A
 
   1.  ELIGIBILITY.  A PERSON WHO FULFILLS ALL REQUIREMENTS FOR REGISTRA-
 TION AS A RESPIRATORY THERAPIST EXCEPT THAT RELATING TO THE  EXAMINATION
 SHALL BE ELIGIBLE FOR A LIMITED PERMIT.
   2.  LIMIT  OF  PRACTICE.  ALL PRACTICE UNDER A LIMITED PERMIT SHALL BE
 UNDER THE DIRECT SUPERVISION OF A LICENSED RESPIRATORY THERAPIST  PHYSI-
 CIAN  SPECIALIZING  IN  PULMONARY  MEDICINE,  AN  ANESTHESIOLOGIST OR AN
 OTHERWISE LEGALLY AUTHORIZED PHYSICIAN.
   3. DURATION. A LIMITED PERMIT SHALL EXPIRE ONE YEAR FROM THE  DATE  OF
 ISSUANCE  OR  UPON  NOTICE  TO  THE PERMITTEE BY THE DEPARTMENT THAT THE
 APPLICATION FOR LICENSURE HAS BEEN DENIED, OR TEN DAYS  AFTER  NOTIFICA-
 TION  TO THE PERMITTEE OF FAILURE ON THE PROFESSIONAL LICENSING EXAMINA-
 TION, WHICHEVER FIRST OCCURS; PROVIDED, HOWEVER, THAT IF  THE  PERMITTEE
 IS  AWAITING  THE  RESULTS  OF  A LICENSING EXAMINATION AT THE TIME SUCH
 LIMITED PERMIT EXPIRES, SUCH PERMIT SHALL CONTINUE TO BE VALID UNTIL TEN
 DAYS AFTER NOTIFICATION TO THE PERMITTEE OF THE RESULT OF SUCH  EXAMINA-
 TION.
   4. FEES. THE FEE FOR EACH LIMITED PERMIT SHALL BE SEVENTY DOLLARS.
   §  8507.  SPECIAL PROVISIONS. A PERSON SHALL BE LICENSED WITHOUT EXAM-
 INATION PROVIDED THAT, WITHIN ONE YEAR OF THE  EFFECTIVE  DATE  OF  THIS
 TITLE, THE INDIVIDUAL:
   1.  FILES  AN APPLICATION AND PAYS THE APPROPRIATE FEES TO THE DEPART-
 MENT; AND
   2. (A) IS REGISTERED BY A NATIONAL CERTIFYING OR ACCREDITING BOARD FOR
 RESPIRATORY THERAPY ACCEPTABLE TO THE DEPARTMENT, OR
   (B) HAS PRACTICED RESPIRATORY THERAPY IN A  HOSPITAL,  AS  DEFINED  IN
 ARTICLE  TWENTY-EIGHT  OF  THIS  CHAPTER, IN THE STATE FOR NOT LESS THAN
 THREE YEARS WITHIN THE LAST FIVE YEARS PRIOR TO THE  EFFECTIVE  DATE  OF
 THIS TITLE, OR
   (C)  HAS  MET  THE  EDUCATIONAL STANDARDS OF A HOSPITAL, AS DEFINED IN
 ARTICLE TWENTY-EIGHT OF THIS CHAPTER, OR, IN  THE  CASE  OF  A  HOSPITAL
 OPERATED BY A PUBLIC BENEFIT CORPORATION, HAS MET THE EDUCATIONAL STAND-
 ARDS  OF  SUCH CORPORATION, AND HAS PRACTICED AS A RESPIRATORY THERAPIST
 FOR AT LEAST ONE YEAR IN SUCH HOSPITAL.
   § 8508. DEFINITION OF THE PRACTICE OF RESPIRATORY THERAPY  TECHNICIAN.
 A  RESPIRATORY  THERAPY TECHNICIAN MEANS A PERSON LICENSED IN ACCORDANCE
 WITH THIS TITLE WHO WORKS UNDER THE SUPERVISION OF  A  LICENSED  RESPIR-
 ATORY  THERAPIST OR A LICENSED OR OTHERWISE LEGALLY AUTHORIZED PHYSICIAN
 PERFORMING TASKS AND RESPONSIBILITIES WITHIN THE FRAMEWORK OF THE  PRAC-
 TICE OF RESPIRATORY THERAPY.
   § 8509. DUTIES OF RESPIRATORY THERAPY TECHNICIANS AND USE OF THE TITLE
 "RESPIRATORY  THERAPY  TECHNICIAN".  ONLY A PERSON LICENSED OR OTHERWISE
 AUTHORIZED UNDER THIS TITLE SHALL PARTICIPATE IN THE PRACTICE OF RESPIR-
 ATORY THERAPY AS A RESPIRATORY THERAPY  TECHNICIAN  AND  ONLY  A  PERSON
 LICENSED UNDER THIS TITLE SHALL USE THE TITLE "RESPIRATORY THERAPY TECH-
 NICIAN".
   §  8510.  REQUIREMENTS  FOR LICENSURE AS A RESPIRATORY THERAPY TECHNI-
 CIAN.  TO QUALIFY FOR A LICENSE AS A RESPIRATORY THERAPY  TECHNICIAN  AN
 APPLICANT SHALL FULFILL THE FOLLOWING REQUIREMENTS:
   1. APPLICATION: FILE AN APPLICATION WITH THE DEPARTMENT;
   2.  EDUCATION: HAVE RECEIVED AN EDUCATION INCLUDING COMPLETION OF HIGH
 SCHOOL OR ITS EQUIVALENT AND HAVE COMPLETED AN APPROVED ONE-YEAR CERTIF-
 ICATE RESPIRATORY THERAPY EDUCATION PROGRAM,  OR  A  PROGRAM  DETERMINED
 EQUIVALENT, IN ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS;
   3.  EXPERIENCE:  HAVE  EXPERIENCE  SATISFACTORY  TO  THE  BOARD AND IN
 ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS;
 S. 4007--A                         458                        A. 3007--A
 
   4. EXAMINATION: PASS AN EXAMINATION SATISFACTORY TO THE BOARD  AND  IN
 ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS;
   5. AGE: BE AT LEAST EIGHTEEN YEARS OF AGE;
   6.  CHARACTER: BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE DEPART-
 MENT; AND
   7. FEES: PAY A FEE OF NINETY DOLLARS TO THE DEPARTMENT  FOR  ADMISSION
 TO  A DEPARTMENT CONDUCTED EXAMINATION AND FOR AN INITIAL LICENSE; A FEE
 OF SIXTY DOLLARS FOR EACH RE-EXAMINATION; A FEE OF FIFTY DOLLARS FOR  AN
 INITIAL  LICENSE  FOR  PERSONS  NOT  REQUIRING ADMISSION TO A DEPARTMENT
 CONDUCTED EXAMINATION AND A FEE OF NINETY  DOLLARS  FOR  EACH  TRIENNIAL
 REGISTRATION PERIOD COMMENCING ON AND AFTER JUNE FIRST, NINETEEN HUNDRED
 NINETY-THREE.
   § 8510-A. MANDATORY CONTINUING EDUCATION FOR RESPIRATORY THERAPY TECH-
 NICIANS.  1.  A.  EACH  LICENSED RESPIRATORY THERAPY TECHNICIAN REQUIRED
 UNDER THIS TITLE TO REGISTER TRIENNIALLY WITH THE DEPARTMENT TO PRACTICE
 IN THE STATE SHALL COMPLY WITH PROVISIONS OF  THE  MANDATORY  CONTINUING
 EDUCATION  REQUIREMENTS  PRESCRIBED  IN  SUBDIVISION TWO OF THIS SECTION
 EXCEPT AS SET FORTH IN PARAGRAPHS B AND C OF THIS  SUBDIVISION.  RESPIR-
 ATORY  THERAPY  TECHNICIANS  WHO DO NOT SATISFY THE MANDATORY CONTINUING
 EDUCATION REQUIREMENT SHALL  NOT  PRACTICE  UNTIL  THEY  HAVE  MET  SUCH
 REQUIREMENTS,  AND  HAVE  BEEN ISSUED A REGISTRATION CERTIFICATE, EXCEPT
 THAT A RESPIRATORY THERAPY TECHNICIAN MAY PRACTICE  WITHOUT  HAVING  MET
 SUCH  REQUIREMENTS  IF  HE  OR  SHE IS ISSUED A CONDITIONAL REGISTRATION
 CERTIFICATE PURSUANT TO SUBDIVISION THREE OF THIS SECTION.
   B. RESPIRATORY THERAPY TECHNICIANS 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,  ADJUSTMENT  TO  THE MANDATORY CONTINUING EDUCATION REQUIREMENT
 MAY BE GRANTED BY THE DEPARTMENT FOR REASONS OF HEALTH, CERTIFIED BY  AN
 APPROPRIATE  HEALTH CARE PROFESSIONAL, FOR EXTENDED ACTIVE DUTY WITH THE
 ARMED FORCES OF THE UNITED STATES, OR FOR OTHER GOOD CAUSE ACCEPTABLE TO
 THE DEPARTMENT WHICH MAY PREVENT COMPLIANCE.
   C. A LICENSED RESPIRATORY THERAPY TECHNICIAN NOT ENGAGED  IN  PRACTICE
 AS  DETERMINED  BY  THE  DEPARTMENT,  SHALL BE EXEMPT FROM THE MANDATORY
 CONTINUING EDUCATION REQUIREMENT UPON THE FILING OF A STATEMENT WITH THE
 DEPARTMENT DECLARING SUCH STATUS. ANY  LICENSEE  WHO  RETURNS  TO  THEIR
 RESPECTIVE  PRACTICE  AS  A  RESPIRATORY  THERAPY  TECHNICIAN DURING THE
 TRIENNIAL REGISTRATION PERIOD SHALL NOTIFY THE DEPARTMENT PRIOR TO REEN-
 TERING THE PROFESSION AND SHALL MEET SUCH MANDATORY  EDUCATION  REQUIRE-
 MENTS AS SHALL BE PRESCRIBED BY REGULATIONS OF THE COMMISSIONER.
   2.  DURING  EACH TRIENNIAL REGISTRATION PERIOD AN APPLICANT FOR REGIS-
 TRATION AS A RESPIRATORY THERAPY TECHNICIAN SHALL COMPLETE A MINIMUM  OF
 TWENTY-FOUR  HOURS  OF ACCEPTABLE FORMAL CONTINUING EDUCATION, AS SPECI-
 FIED IN SUBDIVISION FOUR OF THIS SECTION, PROVIDED  THAT  NO  MORE  THAN
 TWELVE  HOURS  OF  SUCH CONTINUING EDUCATION SHALL CONSIST OF SELF-STUDY
 COURSES. ANY RESPIRATORY THERAPY  TECHNICIAN  WHOSE  FIRST  REGISTRATION
 DATE FOLLOWING THE EFFECTIVE DATE OF THIS SECTION OCCURS LESS THAN THREE
 YEARS FROM SUCH EFFECTIVE DATE, BUT ON OR AFTER JANUARY FIRST, TWO THOU-
 SAND  ONE, SHALL COMPLETE CONTINUING EDUCATION HOURS ON A PRORATED BASIS
 AT THE RATE OF TWO-THIRDS OF ONE HOUR PER MONTH FOR THE PERIOD BEGINNING
 JANUARY FIRST, TWO THOUSAND UP TO THE FIRST REGISTRATION DATE  THEREAFT-
 ER.  A LICENSEE WHO HAS NOT SATISFIED THE MANDATORY CONTINUING EDUCATION
 REQUIREMENTS SHALL NOT BE ISSUED A TRIENNIAL REGISTRATION CERTIFICATE BY
 THE DEPARTMENT AND SHALL NOT PRACTICE UNLESS  AND  UNTIL  A  CONDITIONAL
 REGISTRATION  CERTIFICATE IS ISSUED AS PROVIDED FOR IN SUBDIVISION THREE
 OF THIS SECTION. WITH THE EXCEPTION OF CONTINUING EDUCATION HOURS  TAKEN
 S. 4007--A                         459                        A. 3007--A
 
 DURING  THE REGISTRATION PERIOD IMMEDIATELY PRECEDING THE EFFECTIVE DATE
 OF THIS SECTION, CONTINUING EDUCATION HOURS COMPLETED DURING ONE  TRIEN-
 NIUM MAY NOT BE 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 COMPLETE 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
 SUBMIT EVIDENCE, SATISFACTORY TO THE DEPARTMENT, OF REQUIRED  CONTINUING
 EDUCATION  AND WHO PRACTICES AS A RESPIRATORY THERAPY TECHNICIAN WITHOUT
 SUCH REGISTRATION, MAY BE SUBJECT TO THE DISCIPLINARY PROCEEDINGS PURSU-
 ANT TO SECTION SIXTY-FIVE HUNDRED TEN OF THIS ARTICLE.
   4. AS USED IN SUBDIVISION TWO  OF  THIS  SECTION,  "ACCEPTABLE  FORMAL
 CONTINUING  EDUCATION"  FOR  RESPIRATORY  THERAPY TECHNICIANS SHALL MEAN
 FORMAL COURSES OF LEARNING WHICH CONTRIBUTE TO PROFESSIONAL PRACTICE  AS
 A RESPIRATORY THERAPY TECHNICIAN AND WHICH MEET THE STANDARDS PRESCRIBED
 BY   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  COURSES IN
 SPECIFIC SUBJECTS.
   5. RESPIRATORY THERAPY TECHNICIANS SHALL MAINTAIN ADEQUATE  DOCUMENTA-
 TION  OF  COMPLETION OF ACCEPTABLE FORMAL CONTINUING EDUCATION AND SHALL
 PROVIDE SUCH DOCUMENTATION AT THE REQUEST OF THE DEPARTMENT.
   6. THE MANDATORY CONTINUING  EDUCATION  FEE  FOR  RESPIRATORY  THERAPY
 TECHNICIANS  SHALL BE TWENTY-FIVE DOLLARS, SHALL BE PAYABLE ON OR BEFORE
 THE FIRST DAY OF EACH TRIENNIAL REGISTRATION PERIOD, AND SHALL  BE  PAID
 IN ADDITION TO THE TRIENNIAL REGISTRATION FEE REQUIRED BY SECTION EIGHT-
 Y-FIVE HUNDRED TEN OF THIS TITLE.
   §  8511.  LIMITED  PERMITS. 1. ELIGIBILITY. THE DEPARTMENT MAY ISSUE A
 LIMITED PERMIT TO AN APPLICANT FOR RESPIRATORY  THERAPY  TECHNICIAN  WHO
 MEETS ALL REQUIREMENTS FOR ADMISSION TO THE LICENSING EXAMINATION.
   2.  LIMIT  OF  PRACTICE.  ALL PRACTICE UNDER A LIMITED PERMIT SHALL BE
 UNDER THE DIRECT SUPERVISION OF A LICENSED RESPIRATORY  THERAPIST  OR  A
 LICENSED OR OTHERWISE LEGALLY AUTHORIZED PHYSICIAN.
   3.  DURATION.  A LIMITED PERMIT SHALL EXPIRE ONE YEAR FROM THE DATE OF
 ISSUANCE OR UPON NOTICE TO THE PERMITTEE  BY  THE  DEPARTMENT  THAT  THE
 APPLICATION  FOR REGISTRATION HAS BEEN DENIED, OR TEN DAYS AFTER NOTIFI-
 CATION TO THE PERMITTEE OF FAILURE ON THE PROFESSIONAL  LICENSING  EXAM-
 INATION,  WHICHEVER FIRST OCCURS; PROVIDED, HOWEVER, THAT IF THE PERMIT-
 TEE IS AWAITING THE RESULTS OF A LICENSING EXAMINATION AT THE TIME  SUCH
 LIMITED PERMIT EXPIRES, SUCH PERMIT SHALL CONTINUE TO BE VALID UNTIL TEN
 DAYS  AFTER NOTIFICATION TO THE PERMITTEE OF THE RESULT OF SUCH EXAMINA-
 TION.
   4. FEES. THE FEE FOR EACH LIMITED PERMIT SHALL BE FIFTY DOLLARS.
   § 8512. EXEMPT PERSONS. THIS TITLE SHALL NOT PROHIBIT:
   1. A RESPIRATORY THERAPY STUDENT OR A RESPIRATORY  THERAPY  TECHNICIAN
 STUDENT  FROM ENGAGING IN CLINICAL ASSISTANCE UNDER THE SUPERVISION OF A
 LICENSED RESPIRATORY  THERAPIST  OR  A  LICENSED  OR  OTHERWISE  LEGALLY
 AUTHORIZED  PHYSICIAN  AS  AN  INTEGRAL  PART  OF  A PROGRAM OF STUDY BY
 STUDENTS ENROLLED IN AN APPROVED RESPIRATORY THERAPY TECHNICIAN  PROGRAM
 OR  IN  A  CLINICAL  FACILITY  OR HEALTH CARE AGENCY AFFILIATED WITH THE
 PROGRAM FOR RESPIRATORY THERAPY TECHNICIANS; OR
 S. 4007--A                         460                        A. 3007--A
 
   2. THE PERFORMANCE OF ANY OF THE TASKS OR RESPONSIBILITIES INCLUDED IN
 THE DEFINITION OF RESPIRATORY  THERAPY  TECHNICIAN  BY  ANY  OTHER  DULY
 LICENSED,  CERTIFIED  OR  REGISTERED HEALTH CARE PROVIDER, PROVIDED THAT
 SUCH TASKS OR RESPONSIBILITIES ARE WITHIN THE SCOPE OF HIS OR HER  PRAC-
 TICE; OR
   3. UNLICENSED ASSISTANTS FROM BEING EMPLOYED IN A HOSPITAL, AS DEFINED
 IN  ARTICLE  TWENTY-EIGHT  OF  THIS CHAPTER, FOR PURPOSES OTHER THAN THE
 PRACTICE OF RESPIRATORY THERAPY TECHNICIAN; OR
   4. THE PRACTICE  OF  RESPIRATORY  THERAPY  BY  ANY  LEGALLY  QUALIFIED
 RESPIRATORY  THERAPY PRACTITIONER OF ANY OTHER STATE OR TERRITORY WHO IS
 SERVING IN THE ARMED FORCES OR THE PUBLIC HEALTH SERVICE OF  THE  UNITED
 STATES OR WHO IS EMPLOYED BY THE VETERANS' ADMINISTRATION, WHILE ENGAGED
 IN THE PERFORMANCE OF HIS OR HER DUTIES.
   §  8513.  SPECIAL PROVISIONS. A PERSON SHALL BE LICENSED WITHOUT EXAM-
 INATION PROVIDED THAT, WITHIN ONE YEAR OF THE  EFFECTIVE  DATE  OF  THIS
 TITLE, THE INDIVIDUAL:
   1.  FILES  AN APPLICATION AND PAYS THE APPROPRIATE FEES TO THE DEPART-
 MENT; AND
   2. A. IS CERTIFIED BY A NATIONAL CERTIFYING OR ACCREDITING  BOARD  FOR
 RESPIRATORY THERAPY TECHNICIANS ACCEPTABLE TO THE DEPARTMENT, OR
   B. HAS PRACTICED AS A RESPIRATORY THERAPY TECHNICIAN IN A HOSPITAL, AS
 DEFINED  IN  ARTICLE  TWENTY-EIGHT OF THIS CHAPTER, IN THE STATE FOR NOT
 LESS THAN TWO YEARS WITHIN THE LAST FIVE YEARS, OR
   C. HAS MET THE EDUCATIONAL STANDARDS OF  A  HOSPITAL,  AS  DEFINED  IN
 ARTICLE  TWENTY-EIGHT  OF  THIS  CHAPTER,  OR, IN THE CASE OF A HOSPITAL
 OPERATED BY A PUBLIC BENEFIT CORPORATION, HAS MET THE EDUCATIONAL STAND-
 ARDS OF SUCH CORPORATION, AND HAS PRACTICED  AS  A  RESPIRATORY  THERAPY
 TECHNICIAN FOR AT LEAST ONE YEAR IN SUCH HOSPITAL.
                                 TITLE 27
                CLINICAL LABORATORY TECHNOLOGY PRACTICE ACT
 SECTION 8600.   INTRODUCTION.
         8601.   DEFINITION  OF THE PRACTICE OF CLINICAL LABORATORY TECH-
                   NOLOGY AND CLINICAL LABORATORY TECHNOLOGY  PRACTITION-
                   ER.
         8602.   PRACTICE OF CLINICAL LABORATORY TECHNOLOGY AND CYTOTECH-
                   NOLOGY  AND USE OF THE TITLES "LICENSED CLINICAL LABO-
                   RATORY TECHNOLOGIST" AND "LICENSED CYTOTECHNOLOGIST".
         8603.   PRACTICE AS A CLINICAL LABORATORY TECHNICIAN AND  HISTO-
                   LOGICAL TECHNICIAN AND THE USE OF THE TITLES "CLINICAL
                   LABORATORY TECHNICIAN" AND "HISTOLOGICAL TECHNICIAN".
         8604.   STATE BOARD FOR CLINICAL LABORATORY TECHNOLOGY.
         8605.   REQUIREMENTS  FOR  A  LICENSE  AS  A CLINICAL LABORATORY
                   TECHNOLOGIST OR CYTOTECHNOLOGIST.
         8606.   REQUIREMENTS FOR CERTIFICATION AS A CLINICAL  LABORATORY
                   TECHNICIAN.
         8606-A. REQUIREMENTS FOR CERTIFICATION AS A HISTOLOGICAL TECHNI-
                   CIAN.
         8607.   SPECIAL PROVISIONS.
         8608.   LIMITED AND PROVISIONAL PERMITS.
         8609.   EXEMPT PERSONS.
         8610.   RESTRICTED CLINICAL LABORATORY LICENSES.
   §  8600.  INTRODUCTION.  THIS  TITLE  DEFINES THE PRACTICE OF CLINICAL
 LABORATORY TECHNOLOGY AND PROVIDES FOR THE LICENSING OF CLINICAL LABORA-
 TORY TECHNOLOGISTS AND CYTOTECHNOLOGISTS AND FOR  THE  CERTIFICATION  OF
 CLINICAL LABORATORY TECHNICIANS AND HISTOLOGICAL TECHNICIANS. THE GENER-
 S. 4007--A                         461                        A. 3007--A

 AL PROVISIONS FOR ALL PROFESSIONS CONTAINED IN TITLE ONE OF THIS ARTICLE
 SHALL APPLY TO THIS TITLE.
   §  8601.  DEFINITION OF THE PRACTICE OF CLINICAL LABORATORY TECHNOLOGY
 AND CLINICAL LABORATORY TECHNOLOGY PRACTITIONER. 1. "CLINICAL LABORATORY
 TECHNOLOGY" MEANS THE PERFORMANCE OF MICROBIOLOGICAL, VIROLOGICAL, SERO-
 LOGICAL,  CHEMICAL,  IMMUNOHEMATOLOGICAL,  HEMATOLOGICAL,   BIOPHYSICAL,
 CYTOGENETICAL,  CYTOLOGICAL  OR HISTOLOGICAL PROCEDURES AND EXAMINATIONS
 AND ANY OTHER TEST OR PROCEDURE CONDUCTED BY A LABORATORY AS DEFINED  BY
 TITLE FIVE OF ARTICLE FIVE OF THIS CHAPTER, ON MATERIAL DERIVED FROM THE
 HUMAN  BODY  WHICH PROVIDES INFORMATION FOR THE DIAGNOSIS, PREVENTION OR
 TREATMENT OF A DISEASE OR ASSESSMENT OF A HUMAN MEDICAL CONDITION.
   2. A "CLINICAL  LABORATORY  TECHNOLOGY  PRACTITIONER"  MEANS  CLINICAL
 LABORATORY TECHNOLOGISTS, CYTOTECHNOLOGISTS, CLINICAL LABORATORY TECHNI-
 CIANS,  AND  HISTOLOGICAL  TECHNICIANS AS SUCH TERMS ARE DEFINED IN THIS
 SUBDIVISION, WHO PRACTICE CLINICAL LABORATORY TECHNOLOGY IN  A  LICENSED
 CLINICAL  LABORATORY.   FOR THE PURPOSES OF THIS TITLE, A LICENSED CLIN-
 ICAL LABORATORY DOES NOT INCLUDE A LABORATORY OPERATED BY  ANY  LICENSED
 PHYSICIAN,  DENTIST, PODIATRIST, MIDWIFE OR CERTIFIED NURSE PRACTITIONER
 WHO PERFORMS LABORATORY TESTS OR PROCEDURES, PERSONALLY OR  THROUGH  HIS
 OR  HER  EMPLOYEES,  SOLELY AS AN ADJUNCT TO THE TREATMENT OF HIS OR HER
 OWN PATIENTS.
   A. "CLINICAL LABORATORY  TECHNOLOGIST"  MEANS  A  CLINICAL  LABORATORY
 PRACTITIONER  WHO, PURSUANT TO ESTABLISHED AND APPROVED PROTOCOLS OF THE
 DEPARTMENT OF HEALTH, PERFORMS CLINICAL LABORATORY PROCEDURES AND  EXAM-
 INATIONS AND ANY OTHER TESTS OR PROCEDURES CONDUCTED BY A CLINICAL LABO-
 RATORY,  INCLUDING  MAINTAINING  EQUIPMENT  AND  RECORDS, AND PERFORMING
 QUALITY ASSURANCE ACTIVITIES RELATED  TO  EXAMINATION  PERFORMANCE,  AND
 WHICH  REQUIRE  THE EXERCISE OF INDEPENDENT JUDGMENT AND RESPONSIBILITY,
 AS DETERMINED BY THE DEPARTMENT.
   B. "CYTOTECHNOLOGIST" MEANS A CLINICAL  LABORATORY  PRACTITIONER  WHO,
 PURSUANT  TO  ESTABLISHED  AND  APPROVED  PROTOCOLS  OF  THE DEPARTMENT,
 PERFORMS CYTOLOGICAL PROCEDURES AND  EXAMINATIONS  AND  ANY  OTHER  SUCH
 TESTS INCLUDING MAINTAINING EQUIPMENT AND RECORDS AND PERFORMING QUALITY
 ASSURANCE  ACTIVITIES  RELATED  TO  EXAMINATION  PERFORMANCE,  AND WHICH
 REQUIRE THE EXERCISE OF  INDEPENDENT  JUDGMENT  AND  RESPONSIBILITY,  AS
 DETERMINED BY THE DEPARTMENT.
   C.  "CLINICAL LABORATORY TECHNICIAN" MEANS A CLINICAL LABORATORY PRAC-
 TITIONER WHO PERFORMS CLINICAL LABORATORY  PROCEDURES  AND  EXAMINATIONS
 PURSUANT  TO ESTABLISHED AND APPROVED PROTOCOLS OF THE DEPARTMENT, WHICH
 REQUIRE LIMITED EXERCISE OF INDEPENDENT JUDGMENT AND WHICH ARE PERFORMED
 UNDER THE SUPERVISION OF A CLINICAL LABORATORY TECHNOLOGIST,  LABORATORY
 SUPERVISOR, OR DIRECTOR OF A CLINICAL LABORATORY.
   D.  "HISTOLOGICAL TECHNICIAN" MEANS A CLINICAL LABORATORY PRACTITIONER
 WHO PURSUANT TO ESTABLISHED AND APPROVED  PROTOCOLS  OF  THE  DEPARTMENT
 PERFORMS  SLIDE BASED HISTOLOGICAL ASSAYS, TESTS, AND PROCEDURES AND ANY
 OTHER SUCH TESTS CONDUCTED BY A CLINICAL HISTOLOGY LABORATORY, INCLUDING
 MAINTAINING EQUIPMENT  AND  RECORDS  AND  PERFORMING  QUALITY  ASSURANCE
 ACTIVITIES  RELATING TO PROCEDURE PERFORMANCE ON HISTOLOGICAL TESTING OF
 HUMAN TISSUES AND WHICH REQUIRES LIMITED EXERCISE OF  INDEPENDENT  JUDG-
 MENT  AND IS PERFORMED UNDER THE SUPERVISION OF A LABORATORY SUPERVISOR,
 DESIGNATED BY THE DIRECTOR OF A CLINICAL LABORATORY OR UNDER THE  SUPER-
 VISION OF THE DIRECTOR OF THE CLINICAL LABORATORY.
   E.  "DIRECTOR  OF A CLINICAL LABORATORY" MEANS A DIRECTOR AS THAT TERM
 IS DEFINED IN SECTION FIVE HUNDRED SEVENTY-ONE OF THIS CHAPTER.
   F. "LABORATORY SUPERVISOR" MEANS AN INDIVIDUAL WHO, UNDER THE  GENERAL
 DIRECTION OF THE LABORATORY DIRECTOR, SUPERVISES TECHNICAL PERSONNEL AND
 S. 4007--A                         462                        A. 3007--A
 
 REPORTING  OF  FINDINGS,  PERFORMS  TESTS  REQUIRING  SPECIAL SCIENTIFIC
 SKILLS, AND, IN THE ABSENCE OF THE  DIRECTOR,  IS  RESPONSIBLE  FOR  THE
 PROPER PERFORMANCE OF ALL LABORATORY PROCEDURES.
   §  8602. PRACTICE OF CLINICAL LABORATORY TECHNOLOGY AND CYTOTECHNOLOGY
 AND USE OF THE TITLES "LICENSED CLINICAL  LABORATORY  TECHNOLOGIST"  AND
 "LICENSED CYTOTECHNOLOGIST". NO PERSON SHALL PRACTICE CLINICAL LABORATO-
 RY  TECHNOLOGY  OR  HOLD HIMSELF OR HERSELF OUT AS A CLINICAL LABORATORY
 TECHNOLOGIST OR A CYTOTECHNOLOGIST IN THIS STATE UNLESS  HE  OR  SHE  IS
 LICENSED OR EXEMPT PURSUANT TO THIS TITLE.
   §  8603. PRACTICE AS A CLINICAL LABORATORY TECHNICIAN AND HISTOLOGICAL
 TECHNICIAN AND THE USE OF THE TITLES  "CLINICAL  LABORATORY  TECHNICIAN"
 AND  "HISTOLOGICAL  TECHNICIAN".  NO PERSON SHALL PRACTICE AS A CLINICAL
 LABORATORY TECHNICIAN OR AS A HISTOLOGICAL TECHNICIAN OR HOLD HIMSELF OR
 HERSELF OUT AS A CLINICAL LABORATORY TECHNICIAN OR A HISTOLOGICAL  TECH-
 NICIAN IN THIS STATE UNLESS HE OR SHE IS CERTIFIED OR EXEMPT PURSUANT TO
 THIS TITLE, PROVIDED THAT AN INDIVIDUAL LICENSED AS A CLINICAL LABORATO-
 RY TECHNOLOGIST, CYTOTECHNOLOGIST, OR CLINICAL LABORATORY TECHNICIAN MAY
 PRACTICE THE PROFESSION OF HISTOLOGICAL TECHNICIAN.
   §  8604. STATE BOARD FOR CLINICAL LABORATORY TECHNOLOGY. A STATE BOARD
 FOR CLINICAL LABORATORY TECHNOLOGY SHALL BE APPOINTED BY THE COMMISSION-
 ER FOR THE PURPOSE OF ASSISTING THE DEPARTMENT  ON  MATTERS  OF  PROFES-
 SIONAL  LICENSING  AND  PROFESSIONAL  CONDUCT IN ACCORDANCE WITH SECTION
 SIXTY-FIVE HUNDRED EIGHT OF THIS ARTICLE. THE BOARD SHALL BE COMPOSED OF
 TWELVE MEMBERS, FOUR OF WHOM SHALL BE LICENSED CLINICAL LABORATORY TECH-
 NOLOGISTS, TWO OF WHOM SHALL BE LICENSED CYTOTECHNOLOGISTS, ONE OF  WHOM
 SHALL  BE  A CERTIFIED CLINICAL LABORATORY TECHNICIAN, ONE OF WHOM SHALL
 BE A CERTIFIED HISTOLOGICAL TECHNICIAN, TWO MEMBERS OF THE  PUBLIC,  ONE
 REPRESENTATIVE  OF THE DIAGNOSTIC/MANUFACTURING INDUSTRY, AND ONE DIREC-
 TOR OF A CLINICAL LABORATORY WHO SHALL  BE  A  PHYSICIAN.  AN  EXECUTIVE
 SECRETARY TO THE BOARD SHALL BE APPOINTED BY THE COMMISSIONER. THE CLIN-
 ICAL  LABORATORY  PRACTITIONER  MEMBERS OF THE INITIAL BOARD NEED NOT BE
 LICENSED PRIOR TO  THEIR  APPOINTMENT  BUT  SHALL  HAVE  MET  ALL  OTHER
 REQUIREMENTS OF LICENSING EXCEPT THE FILING OF AN APPLICATION, THE PASS-
 ING OF A SATISFACTORY EXAM AND PAYING A FEE.
   §  8605. REQUIREMENTS FOR A LICENSE AS A CLINICAL LABORATORY TECHNOLO-
 GIST OR CYTOTECHNOLOGIST. TO QUALIFY FOR A LICENSE AS A CLINICAL LABORA-
 TORY TECHNOLOGY PRACTITIONER UNDER ONE OF THE TITLES DEFINED IN SUBDIVI-
 SION TWO OF SECTION EIGHTY-SIX HUNDRED ONE OF THIS TITLE,  AN  APPLICANT
 SHALL  FULFILL  THE  PARTICULAR  REQUIREMENTS  OF  A SUBDIVISION OF THIS
 SECTION APPLICABLE TO THE LICENSE AND TITLE SOUGHT BY THE APPLICANT:
   1. LICENSURE AS A CLINICAL LABORATORY TECHNOLOGIST.
   A. APPLICATION: FILE AN APPLICATION WITH THE DEPARTMENT;
   B. EDUCATION: HAVE  RECEIVED  AN  EDUCATION,  INCLUDING  A  BACHELOR'S
 DEGREE  IN  CLINICAL  LABORATORY TECHNOLOGY FROM A PROGRAM REGISTERED BY
 THE DEPARTMENT OR DETERMINED BY THE DEPARTMENT  TO  BE  THE  SUBSTANTIAL
 EQUIVALENT, OR HAVE RECEIVED A BACHELOR'S DEGREE THAT INCLUDES A MINIMUM
 NUMBER OF CREDIT HOURS IN THE SCIENCES AND RECEIVED APPROPRIATE CLINICAL
 EDUCATION  IN  AN ACCREDITED CLINICAL LABORATORY TECHNOLOGY PROGRAM OR A
 PROGRAM TO BE DETERMINED BY THE DEPARTMENT TO BE THE SUBSTANTIAL  EQUIV-
 ALENT;
   C.  EXAMINATION:  PASS AN EXAMINATION SATISFACTORY TO THE BOARD AND IN
 ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS;
   D. AGE: BE AT LEAST EIGHTEEN YEARS OF AGE;
   E. CHARACTER: BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE  DEPART-
 MENT; AND
 S. 4007--A                         463                        A. 3007--A
 
   F.  FEES: PAY A FEE OF ONE HUNDRED SEVENTY-FIVE DOLLARS FOR AN INITIAL
 LICENSE AND A FEE OF ONE HUNDRED  SEVENTY  DOLLARS  FOR  EACH  TRIENNIAL
 REGISTRATION PERIOD.
   2. LICENSURE AS A CYTOTECHNOLOGIST.
   A. APPLICATION: FILE AN APPLICATION WITH THE DEPARTMENT;
   B.  EDUCATION:  HAVE  RECEIVED  AN  EDUCATION,  INCLUDING A BACHELOR'S
 DEGREE IN CYTOTECHNOLOGY FROM A PROGRAM REGISTERED BY THE DEPARTMENT  OR
 DETERMINED  BY  THE DEPARTMENT TO BE THE SUBSTANTIAL EQUIVALENT, OR HAVE
 RECEIVED A BACHELOR'S DEGREE THAT INCLUDES A MINIMUM  NUMBER  OF  CREDIT
 HOURS  IN THE SCIENCES AND RECEIVED APPROPRIATE CLINICAL EDUCATION IN AN
 ACCREDITED CYTOTECHNOLOGY PROGRAM OR A PROGRAM DETERMINED BY THE DEPART-
 MENT TO BE THE SUBSTANTIAL EQUIVALENT;
   C. EXAMINATION: PASS AN EXAMINATION ACCEPTABLE TO  THE  BOARD  AND  IN
 ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS;
   D. AGE: BE AT LEAST EIGHTEEN YEARS OF AGE;
   E.  CHARACTER: BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE DEPART-
 MENT; AND
   F. FEES: PAY A FEE OF ONE HUNDRED SEVENTY-FIVE DOLLARS FOR AN  INITIAL
 LICENSE  AND  A  FEE  OF  ONE HUNDRED SEVENTY DOLLARS FOR EACH TRIENNIAL
 REGISTRATION PERIOD.
   § 8606. REQUIREMENTS FOR CERTIFICATION AS A CLINICAL LABORATORY  TECH-
 NICIAN. FOR CERTIFICATION AS A CLINICAL LABORATORY TECHNICIAN UNDER THIS
 TITLE, AN APPLICANT SHALL FULFILL THE FOLLOWING REQUIREMENTS:
   1. APPLICATION: FILE AN APPLICATION WITH THE DEPARTMENT;
   2.  EDUCATION:  HAVE  RECEIVED  AN EDUCATION, INCLUDING AN ASSOCIATE'S
 DEGREE FROM AN APPROVED CLINICAL LABORATORY  TECHNICIAN  PROGRAM  REGIS-
 TERED  BY  THE  DEPARTMENT  OR  DETERMINED  BY  THE DEPARTMENT TO BE THE
 SUBSTANTIAL EQUIVALENT;
   3. EXAMINATION: PASS AN EXAMINATION SATISFACTORY TO THE BOARD  AND  IN
 ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS;
   4. AGE: BE AT LEAST EIGHTEEN YEARS OF AGE;
   5.  CHARACTER: BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE DEPART-
 MENT; AND
   6. FEES: PAY A FEE OF ONE HUNDRED TWENTY-FIVE DOLLARS FOR  AN  INITIAL
 CERTIFICATION AND A FEE OF ONE HUNDRED TWENTY DOLLARS FOR EACH TRIENNIAL
 REGISTRATION PERIOD.
   § 8606-A. REQUIREMENTS FOR CERTIFICATION AS A HISTOLOGICAL TECHNICIAN.
 FOR  CERTIFICATION  AS  A  HISTOLOGICAL  TECHNICIAN UNDER THIS TITLE, AN
 APPLICANT SHALL FULFILL THE FOLLOWING REQUIREMENTS:
   1. APPLICATION: FILE AN APPLICATION WITH THE DEPARTMENT;
   2. EDUCATION: HAVE RECEIVED AN  EDUCATION,  INCLUDING  AN  ASSOCIATE'S
 DEGREE  FROM  AN  APPROVED HISTOLOGICAL TECHNICIAN PROGRAM REGISTERED BY
 THE DEPARTMENT OR DETERMINED BY THE DEPARTMENT  TO  BE  THE  SUBSTANTIAL
 EQUIVALENT, OR HAVE RECEIVED AN ASSOCIATE'S DEGREE THAT INCLUDES A MINI-
 MUM  NUMBER  OF  CREDIT  HOURS  IN THE SCIENCES AND RECEIVED APPROPRIATE
 CLINICAL EDUCATION IN A HISTOLOGICAL TECHNICIAN PROGRAM APPROVED BY  THE
 DEPARTMENT  OR  A  PROGRAM  TO BE DETERMINED BY THE DEPARTMENT TO BE THE
 SUBSTANTIAL EQUIVALENT;
   3. EXAMINATION: PASS AN EXAMINATION SATISFACTORY TO THE BOARD  AND  IN
 ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS;
   4. AGE: BE AT LEAST EIGHTEEN YEARS OF AGE;
   5.  CHARACTER: BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE DEPART-
 MENT; AND
   6. FEES: PAY A FEE OF ONE HUNDRED TWENTY-FIVE DOLLARS FOR  AN  INITIAL
 CERTIFICATION AND A FEE OF ONE HUNDRED TWENTY DOLLARS FOR EACH TRIENNIAL
 REGISTRATION PERIOD.
 S. 4007--A                         464                        A. 3007--A
 
   §  8607.  SPECIAL  PROVISIONS.  1. NOTWITHSTANDING THE REQUIREMENTS OF
 SECTIONS EIGHTY-SIX HUNDRED FIVE AND  EIGHTY-SIX  HUNDRED  SIX  OF  THIS
 TITLE,  AND  UNTIL  JULY  FIRST, TWO THOUSAND NINE, AN INDIVIDUAL MAY BE
 LICENSED AS A CLINICAL LABORATORY TECHNOLOGY PRACTITIONER, AS DEFINED IN
 SECTION  EIGHTY-SIX HUNDRED ONE OF THIS TITLE, PROVIDED THAT AN INDIVID-
 UAL MAY BE LICENSED PURSUANT TO SUBPARAGRAPH  (VI)  OF  PARAGRAPH  A  OR
 SUBPARAGRAPH  (III)  OF  PARAGRAPH  B OF THIS SUBDIVISION UNTIL DECEMBER
 THIRTY-FIRST, TWO THOUSAND THIRTEEN PROVIDED SUCH PERSON:
   A. IN THE CASE OF CLINICAL LABORATORY TECHNOLOGIST, HAS EITHER:
   (I) MET THE EDUCATIONAL REQUIREMENTS FOR CLINICAL LABORATORY TECHNOLO-
 GIST AS DEFINED IN SECTION EIGHTY-SIX HUNDRED FIVE OF THIS TITLE AND HAS
 BEEN PERFORMING THE DUTIES OF A CLINICAL LABORATORY TECHNOLOGIST FOR TWO
 OF THE PAST FIVE YEARS PRIOR  TO  DECEMBER  THIRTY-FIRST,  TWO  THOUSAND
 SEVEN;  OR COMPLETED AN APPROVED BACCALAUREATE DEGREE PROGRAM IN BIOLOG-
 ICAL, CHEMICAL OR  PHYSICAL  SCIENCES  FROM  AN  ACCREDITED  COLLEGE  OR
 UNIVERSITY  AND  HAS BEEN PERFORMING THE DUTIES OF A CLINICAL LABORATORY
 TECHNOLOGIST FOR TWO OF THE PAST FIVE YEARS PRIOR  TO  DECEMBER  THIRTY-
 FIRST, TWO THOUSAND SEVEN;
   (II)  BEEN  ENGAGED  FULL-TIME IN THE EDUCATION OF CLINICAL LABORATORY
 PRACTITIONERS FOR THE EQUIVALENT OF TWO OF THE PAST FIVE YEARS PRIOR  TO
 DECEMBER THIRTY-FIRST, TWO THOUSAND SEVEN;
   (III)  PERFORMED  THE DUTIES OF A CLINICAL LABORATORY TECHNOLOGIST FOR
 AT LEAST FIVE YEARS PRIOR TO DECEMBER THIRTY-FIRST, TWO  THOUSAND  SEVEN
 AS VERIFIED BY A DIRECTOR OF A CLINICAL LABORATORY;
   (IV)  BECOME  PREVIOUSLY QUALIFIED UNDER OTHER REGULATORY REQUIREMENTS
 FOR THAT LICENSE OR ITS EQUIVALENT;
   (V) BECOME A CURRENTLY CERTIFIED CLINICAL LABORATORY TECHNICIAN WITH A
 BACHELOR'S DEGREE FROM AN ACCREDITED COLLEGE  THAT  INCLUDES  A  MINIMUM
 NUMBER OF CREDIT HOURS IN THE SCIENCES AND FOUR YEARS OF DOCUMENTED WORK
 EXPERIENCE  AS  A  CLINICAL  LABORATORY  TECHNICIAN,  ACCEPTABLE  TO THE
 DEPARTMENT; OR
   (VI) BECOME QUALIFIED TO PERFORM THE DUTIES OF A  CLINICAL  LABORATORY
 TECHNOLOGIST  IN A CLINICAL LABORATORY OPERATED IN ACCORDANCE WITH TITLE
 FIVE OF ARTICLE FIVE OF THIS CHAPTER  AND  THE  REGULATIONS  PROMULGATED
 THEREUNDER, AND COMPETENTLY PERFORMED THE DUTIES OF A CLINICAL LABORATO-
 RY  TECHNOLOGIST  IN A CLINICAL LABORATORY FOR A PERIOD OF NOT LESS THAN
 SIX MONTHS IN THE THREE YEARS  IMMEDIATELY  PRECEDING  DECEMBER  THIRTY-
 FIRST,  TWO  THOUSAND  SEVEN  AS  VERIFIED BY A DIRECTOR OF THE CLINICAL
 LABORATORY.
   B. IN THE CASE OF A CLINICAL LABORATORY TECHNICIAN, HAS EITHER:
   (I) MET THE EDUCATIONAL REQUIREMENTS OF A CLINICAL LABORATORY  TECHNI-
 CIAN  AS  DEFINED  IN  SECTION  EIGHTY-SIX HUNDRED SIX OF THIS TITLE AND
 PERFORMED THE DUTIES OF A CLINICAL LABORATORY TECHNICIAN FOR TWO OF  THE
 PAST FIVE YEARS PRIOR TO DECEMBER THIRTY-FIRST, TWO THOUSAND SEVEN;
   (II)  PERFORMED  THE DUTIES OF A CLINICAL LABORATORY TECHNICIAN FOR AT
 LEAST FIVE YEARS PRIOR TO DECEMBER THIRTY-FIRST, TWO THOUSAND  SEVEN  OR
 HAS  PREVIOUSLY QUALIFIED UNDER OTHER REGULATORY REQUIREMENTS FOR SUCH A
 CERTIFICATION OR SUCH CERTIFICATION'S EQUIVALENT; OR
   (III) BECOME QUALIFIED TO PERFORM THE DUTIES OF A CLINICAL  LABORATORY
 TECHNICIAN  IN  A  CLINICAL LABORATORY OPERATED IN ACCORDANCE WITH TITLE
 FIVE OF ARTICLE FIVE OF THIS CHAPTER  AND  THE  REGULATIONS  PROMULGATED
 THEREUNDER, AND COMPETENTLY PERFORMED THE DUTIES OF A CLINICAL LABORATO-
 RY TECHNICIAN IN A CLINICAL LABORATORY FOR A PERIOD OF NOT LESS THAN SIX
 MONTHS  IN  THE THREE YEARS IMMEDIATELY PRECEDING DECEMBER THIRTY-FIRST,
 TWO THOUSAND SEVEN AS VERIFIED BY A DIRECTOR OF THE CLINICAL LABORATORY.
 C. IN THE CASE OF CYTOTECHNOLOGIST, HAS EITHER:
 S. 4007--A                         465                        A. 3007--A
 
   (I) MET THE EDUCATIONAL REQUIREMENTS OF A CYTOTECHNOLOGIST AS  DEFINED
 IN  SECTION  EIGHTY-SIX  HUNDRED  FIVE  OF  THIS TITLE AND PERFORMED THE
 DUTIES OF A CYTOTECHNOLOGIST FOR TWO OF THE PREVIOUS FIVE YEARS PRIOR TO
 DECEMBER THIRTY-FIRST, TWO THOUSAND SEVEN;
   (II)  PERFORMED  THE  DUTIES  OF  A CYTOTECHNOLOGIST FOR AT LEAST FIVE
 YEARS PRIOR TO DECEMBER THIRTY-FIRST, TWO THOUSAND SEVEN AS VERIFIED  BY
 A DIRECTOR OF A CLINICAL LABORATORY; OR
   (III) HAS PREVIOUSLY QUALIFIED UNDER OTHER REGULATORY REQUIREMENTS FOR
 SUCH A LICENSE OR SUCH LICENSE'S EQUIVALENT.
   D. IN THE CASE OF A HISTOLOGICAL TECHNICIAN, HAS EITHER:
   (I)  MET  THE EDUCATIONAL REQUIREMENTS OF A HISTOLOGICAL TECHNICIAN AS
 DEFINED IN SECTION EIGHTY-SIX HUNDRED SIX-A OF THIS TITLE AND  PERFORMED
 THE  DUTIES  OF A HISTOLOGICAL TECHNICIAN FOR TWO OF THE PAST FIVE YEARS
 PRIOR TO DECEMBER THIRTY-FIRST, TWO THOUSAND SEVEN;
   (II) PERFORMED THE DUTIES OF A HISTOLOGICAL TECHNICIAN  FOR  AT  LEAST
 FIVE  YEARS  PRIOR  TO  DECEMBER THIRTY-FIRST, TWO THOUSAND SEVEN OR HAS
 PREVIOUSLY QUALIFIED UNDER OTHER  REGULATORY  REQUIREMENTS  FOR  SUCH  A
 CERTIFICATION OR SUCH CERTIFICATION'S EQUIVALENT; OR
   (III) BECOME QUALIFIED TO PERFORM THE DUTIES OF A HISTOLOGICAL TECHNI-
 CIAN  IN A CLINICAL LABORATORY OPERATED IN ACCORDANCE WITH TITLE FIVE OF
 ARTICLE FIVE OF THIS CHAPTER AND THE REGULATIONS PROMULGATED THEREUNDER,
 AND COMPETENTLY PERFORMED THE DUTIES OF A HISTOLOGICAL TECHNICIAN  IN  A
 CLINICAL  LABORATORY  FOR  A  PERIOD  OF NOT LESS THAN SIX MONTHS IN THE
 THREE YEARS IMMEDIATELY PRECEDING DECEMBER  THIRTY-FIRST,  TWO  THOUSAND
 SEVEN AS VERIFIED BY A DIRECTOR OF THE CLINICAL LABORATORY.
   2.  FOR  THE  PURPOSES OF SUBDIVISION ONE OF THIS SECTION, IT SHALL BE
 DETERMINED THAT THE FILING OF AN APPLICATION WITH THE DEPARTMENT  ON  OR
 BEFORE  JANUARY  FIRST,  TWO THOUSAND NINE SHALL QUALIFY FOR PURPOSES OF
 SUCH SUBDIVISION, REGARDLESS OF THE TIME PERIOD REQUIRED FOR  PROCESSING
 SUCH APPLICATION, PROVIDED THAT AN APPLICATION FOR LICENSURE PURSUANT TO
 SUBPARAGRAPH  (VI) OF PARAGRAPH A, SUBPARAGRAPH (III) OF PARAGRAPH B, OR
 SUBPARAGRAPH (III) OR PARAGRAPH D OF SUBDIVISION  ONE  OF  THIS  SECTION
 SHALL BE SUBMITTED ON OR BEFORE SEPTEMBER FIRST, TWO THOUSAND THIRTEEN.
   3.  THE  COMMISSIONER  MAY  ADOPT  SUCH  REGULATIONS AS APPROPRIATE TO
 LICENSE OR CERTIFY INDIVIDUALS WHO HOLD VALID  LICENSES,  CERTIFICATIONS
 OR  THEIR EQUIVALENT IN ANOTHER STATE OR COUNTRY, PROVIDED THE STANDARDS
 FOR GRANTING LICENSES OR CERTIFICATIONS TO SUCH INDIVIDUALS ARE NOT LESS
 THAN THE STANDARDS REQUIRED OF PERSONS OTHERWISE LICENSED  OR  CERTIFIED
 PURSUANT TO THIS TITLE.
   §  8608.  LIMITED  AND  PROVISIONAL PERMITS. 1. LIMITED PERMIT. ON THE
 RECOMMENDATION OF THE BOARD, THE DEPARTMENT MAY ISSUE A  LIMITED  PERMIT
 TO  PRACTICE  AS  A CLINICAL LABORATORY PRACTITIONER TO AN APPLICANT WHO
 HAS MET ALL REQUIREMENTS FOR LICENSURE AS A CLINICAL LABORATORY TECHNOL-
 OGIST OR CYTOTECHNOLOGIST OR  CERTIFICATION  AS  A  CLINICAL  LABORATORY
 TECHNICIAN  OR  HISTOLOGICAL  TECHNICIAN,  EXCEPT  THOSE RELATING TO THE
 EXAMINATION AND PROVIDED THAT THE INDIVIDUAL IS UNDER THE GENERAL SUPER-
 VISION OF THE DIRECTOR OF A CLINICAL LABORATORY, AS  DETERMINED  BY  THE
 DEPARTMENT.  THIS LIMITED PERMIT SHALL BE VALID FOR A PERIOD OF NOT MORE
 THAN ONE YEAR, AND MAY BE RENEWED, AT THE DISCRETION OF THE  DEPARTMENT,
 FOR ONE ADDITIONAL YEAR.
   2.  PROVISIONAL  PERMIT.  (A)  ON THE RECOMMENDATION OF THE BOARD, THE
 DEPARTMENT MAY ISSUE A PROVISIONAL PERMIT  TO  PRACTICE  AS  A  CLINICAL
 LABORATORY  PRACTITIONER  TO  AN APPLICANT WHO IS EMPLOYED IN A CLINICAL
 LABORATORY FOR THE PURPOSE OF ENABLING THE  APPLICANT  TO  COMPLETE  THE
 EDUCATION REQUIREMENTS AND/OR TO PASS THE EXAM REQUIRED FOR LICENSURE AS
 A  CLINICAL  LABORATORY  TECHNOLOGIST  OR  HISTOLOGICAL  TECHNICIAN  AND
 S. 4007--A                         466                        A. 3007--A
 
 PROVIDED THAT THE INDIVIDUAL IS UNDER THE  GENERAL  SUPERVISION  OF  THE
 DIRECTOR  OF A CLINICAL LABORATORY, AS DETERMINED BY THE DEPARTMENT, AND
 PROVIDED FURTHER THAT THE APPLICANT MEETS THE REQUIREMENTS  OUTLINED  IN
 PARAGRAPH B OF THIS SUBDIVISION.  THIS PROVISIONAL PERMIT SHALL BE VALID
 FOR  A  PERIOD  OF  NOT  MORE  THAN ONE YEAR, AND MAY BE RENEWED, AT THE
 DISCRETION OF THE DEPARTMENT, FOR ONE ADDITIONAL YEAR.
   B. TO QUALIFY FOR A PROVISIONAL PERMIT, THE APPLICANT SHALL:
   (I) FILE AN APPLICATION WITH THE DEPARTMENT;
   (II) HAVE AT LEAST ONE OF THE FOLLOWING ENUMERATED QUALIFICATIONS:
   (A) BE LICENSED AS A CLINICAL LABORATORY TECHNOLOGIST, OR  THE  EQUIV-
 ALENT  AS  DETERMINED  BY  THE  DEPARTMENT,  IN  ANOTHER JURISDICTION OR
 POSSESS A CURRENT CERTIFICATION IN A CLINICAL LABORATORY TECHNOLOGY FROM
 A NATIONAL CERTIFICATION ORGANIZATION ACCEPTABLE TO THE DEPARTMENT; OR
   (B) HAVE RECEIVED BOTH AN EDUCATION, INCLUDING A BACHELOR'S DEGREE  IN
 THE  BIOLOGICAL, CHEMICAL, OR PHYSICAL SCIENCES, AND TRAINING IN A CLIN-
 ICAL LABORATORY, PROVIDED THAT SUCH EDUCATION AND TRAINING ARE  ACCEPTA-
 BLE TO THE DEPARTMENT; OR
   (C)  HAVE RECEIVED A BACHELOR'S DEGREE IN THE BIOLOGICAL, CHEMICAL, OR
 PHYSICAL SCIENCES OR IN MATHEMATICS,  AND  HAVE  SERVED  AS  A  RESEARCH
 ASSISTANT  IN A RESEARCH LABORATORY, UNDER THE DIRECTION OF THE DIRECTOR
 OR THE PRINCIPAL RESEARCHER OF SUCH RESEARCH LABORATORY, WORKING ON  THE
 RESEARCH  AND  DEVELOPMENT  OF  ANY  PROCEDURES  AND  EXAMINATIONS TO BE
 CONDUCTED BY A LABORATORY, AS DEFINED IN TITLE FIVE OF ARTICLE  FIVE  OF
 THIS  CHAPTER,  ON  MATERIAL  DERIVED FROM THE HUMAN BODY WHICH PROVIDES
 INFORMATION FOR THE DIAGNOSIS, PREVENTION OR TREATMENT OF A  DISEASE  OR
 ASSESSMENT OF A HUMAN MEDICAL CONDITION; OR
   (D)  FOR  THOSE SEEKING A PROVISIONAL PERMIT AS A HISTOLOGICAL TECHNI-
 CIAN, HAVE RECEIVED AN EDUCATION, INCLUDING AN ASSOCIATE'S  DEGREE  THAT
 INCLUDES A MINIMUM NUMBER OF CREDIT HOURS IN THE SCIENCES, PROVIDED THAT
 SUCH EDUCATION IS ACCEPTABLE TO THE DEPARTMENT;
   (III) BE AT LEAST EIGHTEEN YEARS OF AGE;
   (IV) BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE DEPARTMENT; AND
   (V)  PAY  A  FEE OF THREE HUNDRED FORTY-FIVE DOLLARS FOR A PROVISIONAL
 PERMIT PROVIDED THAT THE FEE FOR A PROVISIONAL PERMIT AS A  HISTOLOGICAL
 TECHNICIAN SHALL BE TWO HUNDRED FORTY-FIVE DOLLARS.
   (C)  EACH  PROVISIONAL  PERMIT  SHALL  BE  SUBJECT TO THE DISCIPLINARY
 PROVISIONS APPLICABLE TO LICENSEES PURSUANT TO SUBTITLE THREE  OF  TITLE
 ONE OF THIS ARTICLE.
   3.  THE COMMISSIONER IS AUTHORIZED TO ADOPT SUCH RULES AND REGULATIONS
 AS MAY BE NECESSARY TO IMPLEMENT THE PROVISIONS OF THIS SECTION.
   § 8609. EXEMPT PERSONS. THIS TITLE SHALL NOT BE CONSTRUED TO APPLY TO:
   1. THE PRACTICE,  CONDUCT,  ACTIVITIES,  OR  SERVICES  BY  ANY  PERSON
 LICENSED  OR  OTHERWISE AUTHORIZED TO PRACTICE MEDICINE WITHIN THE STATE
 PURSUANT TO TITLE FOUR OF THIS ARTICLE, OR BY ANY PERSON  REGISTERED  TO
 PERFORM SERVICES AS A PHYSICIAN ASSISTANT OR SPECIALIST ASSISTANT WITHIN
 THE  STATE  PURSUANT  TO  TITLE  FOUR  OF THIS ARTICLE, OR BY ANY PERSON
 LICENSED TO PRACTICE DENTISTRY WITHIN THE STATE PURSUANT TO TITLE  SEVEN
 OF  THIS  ARTICLE  OR BY ANY PERSON LICENSED TO PRACTICE PODIATRY WITHIN
 THE STATE PURSUANT TO TITLE FOURTEEN OF THIS ARTICLE OR  BY  ANY  PERSON
 CERTIFIED  AS  A  NURSE  PRACTITIONER WITHIN THE STATE PURSUANT TO TITLE
 TWELVE OF THIS ARTICLE OR BY ANY PERSON LICENSED TO PERFORM SERVICES  AS
 A  RESPIRATORY  THERAPIST  OR RESPIRATORY THERAPY TECHNICIAN UNDER TITLE
 TWENTY-SIX OF THIS ARTICLE OR ANY PERSON LICENSED TO PRACTICE  MIDWIFERY
 WITHIN  THE STATE PURSUANT TO TITLE THIRTEEN OF THIS ARTICLE OR A PERSON
 LICENSED TO PRACTICE NURSING PURSUANT TO TITLE TWELVE OF  THIS  ARTICLE,
 OR A PERSON LICENSED TO PRACTICE PURSUANT TO ARTICLE THIRTY-FIVE OF THIS
 S. 4007--A                         467                        A. 3007--A
 
 CHAPTER;  PROVIDED,  HOWEVER,  THAT  NO SUCH PERSON SHALL USE THE TITLES
 LICENSED LABORATORY TECHNOLOGIST, CYTOTECHNOLOGIST, OR CERTIFIED LABORA-
 TORY TECHNICIAN, UNLESS LICENSED OR CERTIFIED UNDER THIS TITLE; OR
   2. CLINICAL LABORATORY TECHNOLOGY PRACTITIONERS EMPLOYED BY THE UNITED
 STATES  GOVERNMENT  OR ANY BUREAU, DIVISION, OR AGENCY THEREOF, WHILE IN
 THE DISCHARGE OF THE EMPLOYEE'S OFFICIAL DUTIES; OR
   3. CLINICAL LABORATORY TECHNOLOGY PRACTITIONERS EMPLOYED  BY  THE  NEW
 YORK  STATE  DEPARTMENT OF HEALTH WADSWORTH CENTER LABORATORY OR THE NEW
 YORK CITY DEPARTMENT OF HEALTH AND MENTAL HYGIENE PUBLIC HEALTH  LABORA-
 TORY, WHILE IN THE DISCHARGE OF THE EMPLOYEE'S OFFICIAL DUTIES; OR
   4. CLINICAL LABORATORY TECHNOLOGY PRACTITIONERS ENGAGED IN TEACHING OR
 RESEARCH, PROVIDED THAT THE RESULTS OF ANY EXAMINATION PERFORMED ARE NOT
 USED  IN  HEALTH  MAINTENANCE, DIAGNOSIS OR TREATMENT OF DISEASE AND ARE
 NOT ADDED TO THE PATIENT'S PERMANENT RECORD; OR
   5. STUDENTS OR  TRAINEES  ENROLLED  IN  APPROVED  CLINICAL  LABORATORY
 SCIENCE  OR TECHNOLOGY EDUCATION PROGRAMS OR TRAINING PROGRAMS DESCRIBED
 IN SUBPARAGRAPH (III) OF PARAGRAPH  C  OF  SUBDIVISION  ONE  OF  SECTION
 EIGHTY-SIX  HUNDRED  TEN  OF  THIS  TITLE PROVIDED THAT THESE ACTIVITIES
 CONSTITUTE A PART OF A PLANNED COURSE IN THE PROGRAM, THAT  THE  PERSONS
 ARE  DESIGNATED  BY  A TITLE SUCH AS INTERN, TRAINEE, FELLOW OR STUDENT,
 AND THE PERSONS WORK DIRECTLY UNDER THE  SUPERVISION  OF  AN  INDIVIDUAL
 LICENSED  OR  EXEMPT  PURSUANT TO SUBDIVISION ONE, TWO, FOUR OR EIGHT OF
 THIS SECTION; OR
   6. PERSONS EMPLOYED BY A CLINICAL  LABORATORY  TO  PERFORM  SUPPORTIVE
 FUNCTIONS NOT RELATED TO THE DIRECT PERFORMANCE OF LABORATORY PROCEDURES
 OR EXAMINATIONS; OR
   7.  PERSONS  WHO  ARE  WORKING  IN  FACILITIES  REGISTERED PURSUANT TO
 SECTION FIVE HUNDRED SEVENTY-NINE  OF  THIS  CHAPTER  AND  ONLY  PERFORM
 WAIVED  TESTS  AS  DEFINED  IN  SECTION FIVE HUNDRED SEVENTY-ONE OF THIS
 CHAPTER PURSUANT TO SUCH REGISTRATION; OR
   8. A DIRECTOR OF A CLINICAL LABORATORY HOLDING A VALID CERTIFICATE  OF
 QUALIFICATION  PURSUANT  TO  SECTION  FIVE HUNDRED SEVENTY-THREE OF THIS
 CHAPTER.
   § 8610. RESTRICTED CLINICAL LABORATORY LICENSES. 1.  RESTRICTED  CLIN-
 ICAL LABORATORY LICENSE.
   A. THE DEPARTMENT MAY ISSUE A RESTRICTED LICENSE PURSUANT TO WHICH THE
 RESTRICTED  LICENSEE  MAY RECEIVE A CERTIFICATE TO PERFORM CERTAIN EXAM-
 INATIONS AND PROCEDURES WITHIN THE  DEFINITION  OF  CLINICAL  LABORATORY
 TECHNOLOGY  SET  FORTH  IN SUBDIVISION ONE OF SECTION EIGHTY-SIX HUNDRED
 ONE OF THIS TITLE, PROVIDED THAT SUCH A RESTRICTED LICENSEE MAY  PERFORM
 EXAMINATIONS  AND  PROCEDURES ONLY IN THOSE OF THE FOLLOWING AREAS WHICH
 ARE SPECIFICALLY LISTED IN HIS OR HER  CERTIFICATE:  HISTOCOMPATIBILITY,
 CYTOGENETICS,  STEM CELL PROCESS, FLOW CYTOMETRY/CELLULAR IMMUNOLOGY AND
 MOLECULAR DIAGNOSIS TO THE EXTENT SUCH MOLECULAR DIAGNOSIS  IS  INCLUDED
 IN  GENETIC  TESTING-MOLECULAR  AND  MOLECULAR  ONCOLOGY, AND TOXICOLOGY
 (UNDER PARAGRAPH B-1 OF THIS SUBDIVISION).
   B. NOTWITHSTANDING PARAGRAPH A OF THIS SUBDIVISION, RESTRICTED  LICEN-
 SEES  EMPLOYED AT NATIONAL CANCER INSTITUTE DESIGNATED CANCER CENTERS OR
 AT TEACHING HOSPITALS THAT ARE ELIGIBLE FOR  DISTRIBUTIONS  PURSUANT  TO
 PARAGRAPH  (C)  OF  SUBDIVISION  THREE  OF  SECTION TWENTY-EIGHT HUNDRED
 SEVEN-M OF THIS CHAPTER MAY RECEIVE A CERTIFICATE THAT ALSO INCLUDES THE
 PRACTICE OF MOLECULAR DIAGNOSIS INCLUDING BUT  NOT  LIMITED  TO  GENETIC
 TESTING-MOLECULAR  AND  MOLECULAR  ONCOLOGY,  AND  RESTRICTED  LICENSEES
 EMPLOYED AT NATIONAL CANCER  INSTITUTE  DESIGNATED  CANCER  CENTERS  MAY
 RECEIVE  A CERTIFICATE THAT INCLUDES THE USE OF MASS SPECTROMETRY OR ANY
 TESTS AND PROCEDURES ACCEPTABLE TO  THE  COMMISSIONER,  IN  CONSULTATION
 S. 4007--A                         468                        A. 3007--A
 
 WITH  THE  COMMISSIONER,  IN THE FIELD OF PROTEOMICS, PROVIDED THAT SUCH
 CERTIFICATE HOLDERS MAY PRACTICE IN SUCH ADDITIONAL AREAS ONLY  AT  SUCH
 CENTERS,  TEACHING  HOSPITALS OR OTHER SITES AS MAY BE DESIGNATED BY THE
 COMMISSIONER.
   B-1.  ONLY  INDIVIDUALS  EMPLOYED  IN  A  NEW YORK STATE DEPARTMENT OF
 HEALTH AUTHORIZED TOXICOLOGY LABORATORY, OPERATING UNDER  THE  DIRECTION
 OF A CLINICAL LABORATORY DIRECTOR, MAY OBTAIN A CERTIFICATE IN TOXICOLO-
 GY.
   C. TO QUALIFY FOR A RESTRICTED LICENSE, AN APPLICANT SHALL:
   (I) FILE AN APPLICATION WITH THE DEPARTMENT;
   (II)  HAVE RECEIVED AN EDUCATION, INCLUDING A BACHELOR'S DEGREE IN THE
 BIOLOGICAL, CHEMICAL, OR PHYSICAL SCIENCES  OR  IN  MATHEMATICS  FROM  A
 PROGRAM  REGISTERED BY THE DEPARTMENT OR DETERMINED BY THE DEPARTMENT TO
 BE THE SUBSTANTIAL EQUIVALENT;
   (III) HAVE COMPLETED A TRAINING PROGRAM WITH  A  PLANNED  SEQUENCE  OF
 SUPERVISED  EMPLOYMENT  OR  ENGAGEMENT IN ACTIVITIES APPROPRIATE FOR THE
 AREA OF CERTIFICATION, WHICH TRAINING PROGRAM  IS  SATISFACTORY  TO  THE
 DEPARTMENT  IN  QUALITY, BREADTH, SCOPE AND NATURE AND IS PROVIDED BY AN
 ENTITY THAT SHALL BE RESPONSIBLE FOR THE SERVICES PROVIDED. THE TRAINING
 PROGRAM SHALL BE DESCRIBED AND ATTESTED TO BY THE CLINICAL  DIRECTOR  OF
 THE  LABORATORY  IN  WHICH  IT  IS LOCATED PRIOR TO THE BEGINNING OF THE
 PROGRAM. THE DURATION OF THE TRAINING PROGRAM SHALL BE ONE YEAR OF FULL-
 TIME TRAINING IN THE SPECIFIC AREAS IN WHICH THE  APPLICANT  IS  SEEKING
 CERTIFICATION  OR THE PART-TIME EQUIVALENT THEREOF, AS DETERMINED BY THE
 DEPARTMENT, AND THE SUCCESSFUL  COMPLETION  OF  SUCH  PROGRAM  SHALL  BE
 CERTIFIED  BY  A  LABORATORY  DIRECTOR WHO IS RESPONSIBLE FOR OVERSEEING
 SUCH PROGRAM;
   (IV) BE AT LEAST EIGHTEEN YEARS OF AGE;
   (V) BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE DEPARTMENT; AND
   (VI) PAY A FEE OF ONE HUNDRED  SEVENTY-FIVE  DOLLARS  FOR  AN  INITIAL
 RESTRICTED  LICENSE  AND  A  FEE OF ONE HUNDRED SEVENTY DOLLARS FOR EACH
 TRIENNIAL REGISTRATION PERIOD.
   D. EACH RESTRICTED LICENSEE SHALL  REGISTER  WITH  THE  DEPARTMENT  AS
 REQUIRED OF LICENSEES PURSUANT TO SECTION SIXTY-FIVE HUNDRED TWO OF THIS
 ARTICLE  AND  SHALL BE SUBJECT TO THE DISCIPLINARY PROVISIONS APPLICABLE
 TO LICENSEES PURSUANT TO SUBTITLE THREE OF TITLE ONE OF THIS ARTICLE.
   2. THE COMMISSIONER IS AUTHORIZED TO ADOPT SUCH RULES AND  REGULATIONS
 AS MAY BE NECESSARY TO IMPLEMENT THE PROVISIONS OF THIS SECTION.
   3.  NOTHING IN THIS SECTION SHALL RESTRICT A CLINICAL LABORATORY PRAC-
 TITIONER, AS DEFINED IN SUBDIVISION TWO OF  SECTION  EIGHTY-SIX  HUNDRED
 ONE OF THIS TITLE, FROM PERFORMING ANY OF THE EXAMINATIONS OR PROCEDURES
 WHICH  RESTRICTED CLINICAL LABORATORY LICENSEES ARE PERMITTED TO PERFORM
 UNDER THIS SECTION AND WHICH SUCH CLINICAL  LABORATORY  PRACTITIONER  IS
 OTHERWISE AUTHORIZED TO PERFORM.
                                 TITLE 28
                         MEDICAL PHYSICS PRACTICE
 SECTION 8700. INTRODUCTION.
         8701. DEFINITIONS.
         8702. DEFINITION OF "PRACTICE OF MEDICAL PHYSICS".
         8703. USE OF THE TITLE "PROFESSIONAL MEDICAL PHYSICIST".
         8704. STATE COMMITTEE FOR MEDICAL PHYSICS.
         8705. REQUIREMENTS AND PROCEDURES FOR PROFESSIONAL LICENSURE.
         8706. LIMITED PERMITS.
         8707. EXEMPTIONS.
         8708. LICENSURE WITHOUT EXAMINATION.
         8709. SEPARABILITY.
 S. 4007--A                         469                        A. 3007--A
 
   §  8700. INTRODUCTION. THIS TITLE APPLIES TO THE PROFESSION OF MEDICAL
 PHYSICS. THE GENERAL PROVISIONS FOR ALL LICENSED HEALTHCARE  PROFESSIONS
 CONTAINED IN TITLE ONE OF THIS ARTICLE APPLY TO THIS TITLE.
   § 8701. DEFINITIONS. AS USED IN THIS TITLE:
   1. "CLINICAL" SHALL MEAN ACTIVITIES DIRECTLY RELATING TO THE TREATMENT
 OR DIAGNOSIS OF HUMAN AILMENTS.
   2.  "SPECIALTY" OR "SPECIALTY AREA" SHALL MEAN THE FOLLOWING BRANCH OR
 BRANCHES OF SPECIAL COMPETENCE WITHIN MEDICAL PHYSICS:
   A. "DIAGNOSTIC RADIOLOGICAL PHYSICS" SHALL MEAN THE BRANCH OF  MEDICAL
 PHYSICS  RELATING TO THE DIAGNOSTIC APPLICATION OF RADIATION, THE ANALY-
 SIS AND INTERPRETATION OF IMAGE QUALITY,  PERFORMANCE  MEASUREMENTS  AND
 THE  CALIBRATION  OF EQUIPMENT ASSOCIATED WITH THE PRODUCTION AND USE OF
 SUCH RADIATION, THE ANALYSIS AND INTERPRETATION OF MEASUREMENTS  ASSOCI-
 ATED  WITH PATIENT DOSES AND EXPOSURES, AND THE RADIATION SAFETY ASPECTS
 ASSOCIATED WITH THE PRODUCTION AND USE OF SUCH RADIATION;
   B. "MEDICAL HEALTH PHYSICS" SHALL MEAN THE BRANCH OF  MEDICAL  PHYSICS
 PERTAINING  TO  THE RADIATION SAFETY ASPECTS OF THE USE OF RADIATION FOR
 BOTH DIAGNOSTIC AND THERAPEUTIC PURPOSES, AND THE USE  OF  EQUIPMENT  TO
 PERFORM APPROPRIATE RADIATION MEASUREMENTS;
   C.  "MEDICAL NUCLEAR PHYSICS" SHALL MEAN THE BRANCH OF MEDICAL PHYSICS
 PERTAINING TO THE THERAPEUTIC AND  DIAGNOSTIC  APPLICATION  OF  RADIONU-
 CLIDES, EXCLUDING THOSE USED IN SEALED SOURCES FOR THERAPEUTIC PURPOSES,
 THE  ANALYSIS  AND INTERPRETATION OF PERFORMANCE MEASUREMENTS ASSOCIATED
 WITH RADIATION IMAGING EQUIPMENT AND PERFORMANCE OVERSIGHT  OF  RADIONU-
 CLIDE  CALIBRATION  EQUIPMENT  ASSOCIATED WITH THE USE AND PRODUCTION OF
 RADIONUCLIDES, THE  ANALYSIS  AND  INTERPRETATION  OF  MEASUREMENTS  AND
 CALCULATIONS  ASSOCIATED  WITH  PATIENT  ORGAN  DOSES, AND THE RADIATION
 SAFETY ASPECTS ASSOCIATED WITH THE PRODUCTION AND USE OF  SUCH  RADIONU-
 CLIDES; AND
   D.  "THERAPEUTIC RADIOLOGICAL PHYSICS" OR "RADIATION ONCOLOGY PHYSICS"
 SHALL MEAN THE BRANCH OF MEDICAL PHYSICS  RELATING  TO  THE  THERAPEUTIC
 APPLICATION  OF  RADIATION, THE ANALYSIS AND INTERPRETATION OF RADIATION
 EQUIPMENT PERFORMANCE MEASUREMENTS  AND  THE  CALIBRATION  OF  EQUIPMENT
 ASSOCIATED  WITH  THE PRODUCTION AND USE OF SUCH RADIATION, THE ANALYSIS
 AND INTERPRETATION OF MEASUREMENTS ASSOCIATED WITH  PATIENT  DOSES,  AND
 THE  RADIATION  SAFETY ASPECTS ASSOCIATED WITH THE PRODUCTION AND USE OF
 SUCH RADIATION.
   3. "MEDICAL PHYSICS" SHALL MEAN THE BRANCH OF PHYSICS LIMITED  TO  THE
 FIELD OF RADIOLOGICAL PHYSICS.
   4.  "RADIATION"  SHALL  MEAN  ALL  IONIZING RADIATION ABOVE BACKGROUND
 LEVELS OR ANY NON-IONIZING RADIATION USED IN DIAGNOSTIC  IMAGING  OR  IN
 RADIATION ONCOLOGY.
   5.  "RADIOLOGICAL PHYSICS" SHALL MEAN DIAGNOSTIC RADIOLOGICAL PHYSICS,
 THERAPEUTIC RADIOLOGICAL PHYSICS OR RADIATION ONCOLOGY PHYSICS,  MEDICAL
 NUCLEAR PHYSICS AND MEDICAL HEALTH PHYSICS.
   6.  "RADIOLOGICAL  PROCEDURE" SHALL MEAN ANY TEST, MEASUREMENT, CALCU-
 LATION OR RADIATION EXPOSURE FOR THE PURPOSE OF DIAGNOSIS  OR  TREATMENT
 OF  ANY  MEDICAL  CONDITION OF A HUMAN, INCLUDING THERAPEUTIC RADIATION,
 DIAGNOSTIC IMAGING AND MEASUREMENTS, AND NUCLEAR MEDICINE PROCEDURES.
   § 8702. DEFINITION OF "PRACTICE OF MEDICAL PHYSICS". 1. THE  "PRACTICE
 OF THE PROFESSION OF MEDICAL PHYSICS" SHALL MEAN THE USE AND APPLICATION
 OF ACCEPTED PRINCIPLES AND PROTOCOLS OF PHYSICS IN A CLINICAL SETTING TO
 ASSURE  THE  CORRECT QUALITY, QUANTITY AND PLACEMENT OF RADIATION DURING
 THE PERFORMANCE OF A  RADIOLOGICAL  PROCEDURE,  SO  AS  TO  PROTECT  THE
 PATIENT  AND  OTHER  PERSONS FROM HARMFUL, EXCESSIVE OR MISAPPLIED RADI-
 ATION. SUCH PRACTICE SHALL INCLUDE, BUT NOT NECESSARILY BE  LIMITED  TO:
 S. 4007--A                         470                        A. 3007--A
 
 RADIATION BEAM CALIBRATION AND CHARACTERIZATION; OVERSIGHT AND RESPONSI-
 BILITY  FOR  PATIENT RADIATION DOSE MEASUREMENT, CALCULATION AND REPORT-
 ING; OVERSIGHT AND RESPONSIBILITY FOR QUALITY CONTROL; INSTRUMENT  SPEC-
 IFICATION;  OPTIMIZATION OF IMAGE QUALITY; ACCEPTANCE TESTING; SHIELDING
 DESIGN; PROTECTION ANALYSIS ON RADIATION EMITTING EQUIPMENT  AND  RADIO-
 PHARMACEUTICALS;  AND  CONSULTATION  WITH A PHYSICIAN TO ASSURE ACCURATE
 RADIATION DOSAGE AND APPLICATION TO A SPECIFIC PATIENT.
   2. A LICENSE TO PRACTICE MEDICAL PHYSICS SHALL BE ISSUED WITH  SPECIAL
 COMPETENCY  IN  ONE  OR  MORE  SPECIALTY AREAS IN WHICH THE LICENSEE HAS
 SATISFIED THE REQUIREMENTS OF SECTION EIGHTY-SEVEN HUNDRED FIVE OF  THIS
 TITLE.
   3.  THE  PRACTICE  IN  ANY  SPECIALTY BY A PERSON WHOSE LICENSE IS NOT
 ISSUED WITH SPECIAL COMPETENCY FOR SUCH SPECIALTY SHALL  BE  DEEMED  THE
 UNAUTHORIZED PRACTICE OF THE PROFESSION OF MEDICAL PHYSICS.
   4.  ONLY A PERSON LICENSED UNDER THIS TITLE SHALL PRACTICE THE PROFES-
 SION OF MEDICAL PHYSICS.
   § 8703. USE OF THE TITLE  "PROFESSIONAL  MEDICAL  PHYSICIST".  ONLY  A
 PERSON  LICENSED  UNDER  THIS  TITLE  SHALL  USE THE TITLE "PROFESSIONAL
 MEDICAL PHYSICIST".
   § 8704. STATE COMMITTEE FOR MEDICAL PHYSICS. 1. A STATE COMMITTEE  FOR
 MEDICAL  PHYSICS SHALL BE APPOINTED BY THE COMMISSIONER AND SHALL ASSIST
 ON MATTERS OF LICENSURE AND  PROFESSIONAL  CONDUCT  IN  ACCORDANCE  WITH
 SECTION  SIXTY-FIVE  HUNDRED  EIGHT  OF  THIS TITLE. NOTWITHSTANDING THE
 PROVISIONS OF SECTION  SIXTY-FIVE  HUNDRED  EIGHT  OF  THIS  TITLE,  THE
 COMMITTEE  SHALL ASSIST THE BOARD FOR MEDICINE SOLELY IN MEDICAL PHYSICS
 MATTERS, WHICH BOARD SHALL ALSO FUNCTION AS THE STATE BOARD FOR  MEDICAL
 PHYSICS.  THE LICENSURE REQUIREMENTS FOR PROFESSIONAL MEDICAL PHYSICISTS
 SHALL BE WAIVED FOR THE INITIAL COMMITTEE APPOINTEES, PROVIDED THAT SUCH
 APPOINTEES SHALL HAVE RECEIVED NATIONAL CERTIFICATION IN THEIR  SPECIAL-
 TY.
   2. THE COMMITTEE SHALL CONSIST OF EIGHT INDIVIDUALS, TO BE COMPOSED OF
 THE FOLLOWING:
   A. FOUR LICENSED MEDICAL PHYSICISTS REPRESENTED BY EACH OF THE FOLLOW-
 ING SPECIALTIES:
   (I) DIAGNOSTIC RADIOLOGICAL PHYSICS;
   (II) THERAPEUTIC RADIOLOGICAL OR RADIATION ONCOLOGY PHYSICS;
   (III) MEDICAL NUCLEAR PHYSICS; AND
   (IV) MEDICAL HEALTH PHYSICS;
   B.  THREE  LICENSED  PHYSICIANS  REPRESENTED  BY EACH OF THE FOLLOWING
 SPECIALTIES:
   (I) DIAGNOSTIC RADIOLOGY;
   (II) RADIATION THERAPY OR RADIATION ONCOLOGY; AND
   (III) NUCLEAR MEDICINE; AND
   (C) A REPRESENTATIVE OF THE PUBLIC AT LARGE.
   § 8705. REQUIREMENTS AND PROCEDURES  FOR  PROFESSIONAL  LICENSURE.  TO
 QUALIFY  FOR A LICENSE AS A PROFESSIONAL MEDICAL PHYSICIST, AN APPLICANT
 SHALL FULFILL THE FOLLOWING REQUIREMENTS:
   1. APPLICATION: FILE AN APPLICATION WITH THE DEPARTMENT;
   2. EDUCATION: HAVE RECEIVED  AN  EDUCATION  INCLUDING  A  MASTER'S  OR
 DOCTORAL  DEGREE  FROM AN ACCREDITED COLLEGE OR UNIVERSITY IN ACCORDANCE
 WITH THE COMMISSIONER'S REGULATIONS. SUCH PERSON  SHALL  HAVE  COMPLETED
 SUCH  COURSES OF INSTRUCTION AS ARE DEEMED NECESSARY BY THE COMMISSIONER
 TO PRACTICE IN THE MEDICAL PHYSICS SPECIALTY IN WHICH THE APPLICANT  HAS
 APPLIED FOR A LICENSE;
 S. 4007--A                         471                        A. 3007--A
 
   3. EXPERIENCE: HAVE EXPERIENCE IN HIS OR HER MEDICAL PHYSICS SPECIALTY
 SATISFACTORY  TO  THE  BOARD  AND  IN ACCORDANCE WITH THE COMMISSIONER'S
 REGULATIONS;
   4.  EXAMINATION:  PASS  AN EXAMINATION IN HIS OR HER MEDICAL SPECIALTY
 SATISFACTORY TO THE BOARD AND  IN  ACCORDANCE  WITH  THE  COMMISSIONER'S
 REGULATIONS.  THE  EXAMINATION REQUIREMENT MAY BE WAIVED BY THE BOARD ON
 RECOMMENDATION OF THE COMMISSIONER FOR CERTAIN APPLICANTS WITH EXTENSIVE
 EXPERIENCE AS A MEDICAL PHYSICIST;
   5. AGE: BE AT LEAST TWENTY-ONE YEARS OF AGE;
   6. FEE: PAY A FEE OF THREE  HUNDRED  DOLLARS  TO  THE  DEPARTMENT  FOR
 ADMISSION  TO A DEPARTMENT CONDUCTED EXAMINATION FOR LICENSURE, A FEE OF
 ONE HUNDRED FIFTY DOLLARS FOR LICENSURE WITH SPECIAL COMPETENCY  IN  THE
 FIRST  SPECIALTY  AND TWENTY-FIVE DOLLARS FOR EACH ADDITIONAL SPECIALTY,
 AND A FEE OF THREE HUNDRED DOLLARS FOR EACH BIENNIAL REGISTRATION  PERI-
 OD.
   §  8706.  LIMITED PERMITS. PERMITS LIMITED AS TO ELIGIBILITY, PRACTICE
 AND DURATION SHALL BE ISSUED BY THE DEPARTMENT TO  ELIGIBLE  APPLICANTS,
 AS FOLLOWS:
   1.  ELIGIBILITY. THE FOLLOWING PERSONS SHALL BE ELIGIBLE FOR A LIMITED
 PERMIT:
   A. A PERSON WHO FULFILLS ALL REQUIREMENTS FOR A LICENSE AS  A  PROFES-
 SIONAL MEDICAL PHYSICIST EXCEPT THOSE RELATING TO EXAMINATION OR EXPERI-
 ENCE; OR
   B.  A  MEDICAL PHYSICS STUDENT ENROLLED IN A GRADUATE OR POST-GRADUATE
 CURRICULUM APPROVED BY THE DEPARTMENT;
   2. LIMIT OF PRACTICE. A PERMITTEE  SHALL  BE  AUTHORIZED  TO  PRACTICE
 MEDICAL  PHYSICS  ONLY  UNDER  THE DIRECT AND IMMEDIATE SUPERVISION OF A
 PROFESSIONAL MEDICAL PHYSICIST AND ONLY IN THE SPECIALTY OF SUCH PROFES-
 SIONAL MEDICAL PHYSICIST;
   3. DURATION. A LIMITED PERMIT SHALL BE VALID FOR TWO YEARS. IT MAY  BE
 RENEWED BIENNIALLY AT THE DISCRETION OF THE DEPARTMENT;
   4.  FEE. THE FEE FOR EACH LIMITED PERMIT AND FOR EACH RENEWAL SHALL BE
 SIXTY DOLLARS.
   § 8707. EXEMPTIONS. NOTHING  IN  THIS  TITLE  SHALL  BE  CONSTRUED  TO
 AFFECT,  PREVENT  OR  IN ANY MANNER EXPAND OR LIMIT THE AUTHORITY OF ANY
 PERSON OTHERWISE AUTHORIZED BY LAW OR REGULATION TO PRACTICE  ANY  FUNC-
 TION  OF  A MEDICAL PHYSICIST, OR ANY DEPARTMENT OR AGENCY AUTHORIZED BY
 LAW OR REGULATION TO REGULATE THE USE OF  RADIATION,  NOR  PROHIBIT  THE
 REPAIR OR CALIBRATION OF ANY TEST EQUIPMENT USED BY PROFESSIONAL MEDICAL
 PHYSICISTS  BY  ANY  PERSON  OTHERWISE  ALLOWED  TO DO SO UNDER STATE OR
 FEDERAL LAW, NOR SERVE TO LIMIT RADIOLOGIC AND/OR IMAGING TECHNICIANS OR
 ANY INDIVIDUAL OTHERWISE AUTHORIZED BY LAW OR REGULATION FROM PERFORMING
 QUALITY CONTROL MEASUREMENTS OR  OBTAINING  QUALITY  CONTROL  DATA,  NOR
 SERVE  TO  LIMIT A SERVICE ENGINEER IN THE REPAIR OF RADIATION PRODUCING
 EQUIPMENT NOR AN INSTALLATION ENGINEER IN THE INSTALLATION OF  RADIATION
 PRODUCING EQUIPMENT.
   §  8708.  LICENSURE  WITHOUT EXAMINATION. 1. WITHIN EIGHTEEN MONTHS OF
 THE EFFECTIVE DATE OF REGULATIONS IMPLEMENTING THE  PROVISIONS  OF  THIS
 TITLE,  THE  DEPARTMENT  MAY ISSUE A LICENSE TO PRACTICE MEDICAL PHYSICS
 WITH SPECIAL COMPETENCY IN ONE OR MORE SPECIALTIES IN THIS STATE,  WITH-
 OUT  AN  EXAMINATION, TO A PERSON WHO MEETS THE REQUIREMENTS OF SUBDIVI-
 SIONS ONE, FIVE AND SIX OF SECTION EIGHTY-SEVEN  HUNDRED  FIVE  OF  THIS
 TITLE AND WHO IN ADDITION HAS AN EARNED BACHELOR'S, MASTER'S OR DOCTORAL
 DEGREE  FROM  AN  ACCREDITED  COLLEGE  OR  UNIVERSITY THAT SIGNIFIES THE
 COMPLETION OF A COURSE OF STUDY ACCEPTABLE TO THE  DEPARTMENT,  AND  HAS
 DEMONSTRATED  TO THE DEPARTMENT'S SATISFACTION, IN THE CASE OF AN EARNED
 S. 4007--A                         472                        A. 3007--A
 
 BACHELOR'S DEGREE, THE COMPLETION OF AT LEAST FIFTEEN YEARS OF FULL-TIME
 WORK EXPERIENCE IN THE MEDICAL PHYSICS SPECIALTY FOR  WHICH  APPLICATION
 IS  MADE,  OR, IN THE CASE OF AN EARNED MASTER'S OR DOCTORAL DEGREE, THE
 COMPLETION  OF  AT  LEAST  TWO YEARS OF FULL-TIME WORK EXPERIENCE IN THE
 FIVE YEARS PRECEDING THE DATE OF  APPLICATION  IN  THE  MEDICAL  PHYSICS
 SPECIALTY  FOR  WHICH APPLICATION IS MADE AND THE EQUIVALENT OF ONE YEAR
 OR MORE OF FULL-TIME WORK EXPERIENCE IN THE TEN YEARS PRECEDING THE DATE
 OF APPLICATION FOR EACH ADDITIONAL SPECIALTY FOR  WHICH  APPLICATION  IS
 MADE.
   2.  ON  RECEIPT  OF AN APPLICATION AND FEE PURSUANT TO SECTION EIGHTY-
 SEVEN HUNDRED FIVE OF THIS TITLE, THE DEPARTMENT MAY ISSUE A LICENSE  TO
 PRACTICE MEDICAL PHYSICS WITH SPECIAL COMPETENCY IN ONE OR MORE SPECIAL-
 TIES  IN  THIS STATE TO A PERSON WHO HOLDS A LICENSE TO PRACTICE MEDICAL
 PHYSICS IN ANOTHER STATE, TERRITORY OR JURISDICTION  THAT  HAS  REQUIRE-
 MENTS  FOR  LICENSING  OF MEDICAL PHYSICISTS WHICH THE DEPARTMENT DETER-
 MINES TO BE SUBSTANTIALLY THE SAME AS THE REQUIREMENTS OF THIS TITLE.
   § 8709. SEPARABILITY. IF ANY SECTION OF THIS TITLE, OR  PART  THEREOF,
 SHALL  BE ADJUDGED BY ANY COURT OF COMPETENT JURISDICTION TO BE INVALID,
 SUCH JUDGMENT SHALL NOT AFFECT, IMPAIR OR INVALIDATE  THE  REMAINDER  OF
 ANY OTHER SECTION OR PART THEREOF.
                                 TITLE 29
                         APPLIED BEHAVIOR ANALYSIS
 SECTION 8800. INTRODUCTION.
         8801. DEFINITIONS.
         8802. DEFINITION OF THE PRACTICE OF "APPLIED BEHAVIOR ANALYSIS".
         8803. THE  PRACTICE  OF  AND USE OF THE TITLE "LICENSED BEHAVIOR
                 ANALYST" OR "CERTIFIED BEHAVIOR ANALYST ASSISTANT".
         8804. REQUIREMENTS AND PROCEDURES FOR PROFESSIONAL LICENSURE.
         8805. SPECIAL PROVISIONS.
         8806. LIMITED PERMITS.
         8807. EXEMPTIONS.
         8808. STATE BOARD FOR APPLIED BEHAVIOR ANALYSIS.
   § 8800. INTRODUCTION. THIS TITLE APPLIES TO THE PROFESSION  AND  PRAC-
 TICE OF APPLIED BEHAVIOR ANALYSIS AND TO THE USE OF THE TITLES "LICENSED
 BEHAVIOR ANALYST" AND "CERTIFIED BEHAVIOR ANALYST ASSISTANT". THE GENER-
 AL PROVISIONS FOR ALL LICENSED HEALTHCARE PROFESSIONS CONTAINED IN TITLE
 ONE OF THIS ARTICLE SHALL APPLY TO THIS TITLE.
   §  8801.  DEFINITIONS. AS USED IN THIS TITLE, THE FOLLOWING TERM SHALL
 HAVE THE FOLLOWING MEANING: "APPLIED BEHAVIOR ANALYSIS" OR  "ABA"  MEANS
 THE  DESIGN,  IMPLEMENTATION,  AND EVALUATION OF ENVIRONMENTAL MODIFICA-
 TIONS, USING BEHAVIORAL STIMULI AND CONSEQUENCES,  TO  PRODUCE  SOCIALLY
 SIGNIFICANT  IMPROVEMENT  IN HUMAN BEHAVIOR, INCLUDING THE USE OF DIRECT
 OBSERVATION, MEASUREMENT, AND FUNCTIONAL ANALYSIS  OF  THE  RELATIONSHIP
 BETWEEN ENVIRONMENT AND BEHAVIOR.
   §  8802. DEFINITION OF THE PRACTICE OF "APPLIED BEHAVIOR ANALYSIS". 1.
 THE PRACTICE OF  APPLIED  BEHAVIOR  ANALYSIS  BY  A  "LICENSED  BEHAVIOR
 ANALYST"  SHALL  MEAN THE DESIGN, IMPLEMENTATION AND EVALUATION OF ENVI-
 RONMENTAL MODIFICATIONS, USING BEHAVIORAL STIMULI AND  CONSEQUENCES,  TO
 PRODUCE  SOCIALLY  SIGNIFICANT  IMPROVEMENT IN HUMAN BEHAVIOR, INCLUDING
 THE USE OF DIRECT OBSERVATION, MEASUREMENT, AND FUNCTIONAL  ANALYSIS  OF
 THE RELATIONSHIP BETWEEN ENVIRONMENT AND BEHAVIOR, PURSUANT TO A DIAGNO-
 SIS AND PRESCRIPTION OR ORDER FROM A PERSON WHO IS LICENSED OR OTHERWISE
 AUTHORIZED  TO  PROVIDE  SUCH  DIAGNOSIS  AND  PRESCRIPTION  OR ORDERING
 SERVICES PURSUANT TO A PROFESSION ENUMERATED  IN  THIS  TITLE,  FOR  THE
 PURPOSE OF PROVIDING BEHAVIORAL HEALTH TREATMENT FOR PERSONS WITH AUTISM
 AND AUTISM SPECTRUM DISORDERS AND RELATED DISORDERS.
 S. 4007--A                         473                        A. 3007--A
 
   2.  THE  PRACTICE OF APPLIED BEHAVIOR ANALYSIS BY A "LICENSED BEHAVIOR
 ANALYST" SHALL MEAN THE DESIGN, IMPLEMENTATION AND EVALUATION  OF  ENVI-
 RONMENTAL  MODIFICATIONS,  USING BEHAVIORAL STIMULI AND CONSEQUENCES, TO
 PRODUCE SOCIALLY SIGNIFICANT IMPROVEMENT IN  HUMAN  BEHAVIOR,  INCLUDING
 THE  USE  OF DIRECT OBSERVATION, MEASUREMENT, AND FUNCTIONAL ANALYSIS OF
 THE RELATIONSHIP BETWEEN ENVIRONMENT AND BEHAVIOR, PURSUANT TO A DIAGNO-
 SIS AND PRESCRIPTION OR ORDER FROM A PERSON WHO IS LICENSED OR OTHERWISE
 AUTHORIZED TO  PROVIDE  SUCH  DIAGNOSIS  AND  PRESCRIPTION  OR  ORDERING
 SERVICES  PURSUANT  TO  A  PROFESSION  ENUMERATED IN THIS TITLE, FOR THE
 PURPOSE OF PROVIDING BEHAVIORAL HEALTH TREATMENT. FOR PURPOSES  OF  THIS
 SECTION,   PRESCRIPTIONS  OR  ORDERS  FOR  BEHAVIORAL  HEALTH  TREATMENT
 PROVIDED BY A LICENSED BEHAVIOR ANALYST SHALL BE  LIMITED  TO  PROVIDING
 TREATMENT  TO  INDIVIDUALS WITH BEHAVIORAL HEALTH CONDITIONS THAT APPEAR
 IN THE MOST RECENT EDITION OF THE DIAGNOSTIC AND STATISTICAL  MANUAL  OF
 MENTAL  DISORDERS, PUBLISHED BY THE AMERICAN PSYCHIATRIC ASSOCIATION, OR
 AN EQUIVALENT CLASSIFICATION SYSTEM AS DETERMINED BY THE DEPARTMENT.  IN
 ADDITION,  LICENSED  BEHAVIOR  ANALYSTS PROVIDING SERVICES PURSUANT TO A
 PRESCRIPTION OR ORDER, AS AUTHORIZED BY THIS SECTION,  SHALL  PROVIDE  A
 REPORT  AT  LEAST ANNUALLY REGARDING THE STATUS OF THE INDIVIDUAL SERVED
 TO THE LICENSED PERSON PRESCRIBING OR  ORDERING  SUCH  SERVICE  OR  MORE
 FREQUENTLY,  IF  NEEDED,  IN  ORDER TO REPORT SIGNIFICANT CHANGES IN THE
 CONDITION OF THE INDIVIDUAL.
   3. THE PRACTICE OF APPLIED BEHAVIOR ANALYSIS BY A "CERTIFIED  BEHAVIOR
 ANALYST  ASSISTANT"  MEANS  THE  SERVICES  AND  ACTIVITIES PROVIDED BY A
 PERSON CERTIFIED IN ACCORDANCE WITH  THIS  TITLE  WHO  WORKS  UNDER  THE
 SUPERVISION  OF  A  LICENSED  BEHAVIOR  ANALYST  TO PERFORM SUCH PATIENT
 RELATED APPLIED BEHAVIOR ANALYSIS TASKS AS ARE ASSIGNED BY THE SUPERVIS-
 ING LICENSED BEHAVIOR ANALYST.   SUPERVISION  OF  A  CERTIFIED  BEHAVIOR
 ANALYST  ASSISTANT BY A LICENSED BEHAVIOR ANALYST SHALL BE IN ACCORDANCE
 WITH REGULATIONS OF THE COMMISSIONER. NO LICENSED BEHAVIOR ANALYST SHALL
 SUPERVISE MORE THAN SIX CERTIFIED BEHAVIOR ANALYST ASSISTANTS.
   4. THE PRACTICE OF APPLIED BEHAVIOR ANALYSIS SHALL NOT INCLUDE DIAGNO-
 SIS OF A DISORDER OR CONDITION FOR WHICH  ABA  MAY  BE  APPROPRIATE,  OR
 PRESCRIBING OR ORDERING ABA FOR A PARTICULAR INDIVIDUAL.
   5.  ANY INDIVIDUAL WHOSE LICENSE OR AUTHORITY TO PRACTICE DERIVES FROM
 THE PROVISIONS OF THIS TITLE SHALL BE PROHIBITED FROM:
   A. PRESCRIBING OR ADMINISTERING DRUGS AS DEFINED IN THIS CHAPTER OR AS
 A TREATMENT, THERAPY, OR PROFESSIONAL SERVICE IN THE PRACTICE OF HIS  OR
 HER PROFESSION; OR
   B.  USING INVASIVE PROCEDURES AS A TREATMENT, THERAPY, OR PROFESSIONAL
 SERVICE IN THE PRACTICE OF HIS OR HER PROFESSION. FOR PURPOSES  OF  THIS
 SUBDIVISION,  "INVASIVE  PROCEDURE"  MEANS  ANY PROCEDURE IN WHICH HUMAN
 TISSUE IS CUT, ALTERED, OR OTHERWISE INFILTRATED BY MECHANICAL OR  OTHER
 MEANS.    INVASIVE  PROCEDURE  INCLUDES, BUT IS NOT LIMITED TO, SURGERY,
 LASERS, IONIZING RADIATION, THERAPEUTIC ULTRASOUND, OR ELECTROCONVULSIVE
 THERAPY.
   § 8803. THE PRACTICE OF  AND  USE  OF  THE  TITLE  "LICENSED  BEHAVIOR
 ANALYST"  OR  "CERTIFIED  BEHAVIOR  ANALYST  ASSISTANT".  ONLY  A PERSON
 LICENSED, CERTIFIED OR EXEMPT UNDER THIS TITLE  SHALL  PRACTICE  APPLIED
 BEHAVIOR  ANALYSIS. ONLY A PERSON LICENSED OR CERTIFIED UNDER THIS TITLE
 SHALL USE THE TITLES "LICENSED BEHAVIOR ANALYST" OR "CERTIFIED  BEHAVIOR
 ANALYST ASSISTANT".
   §  8804. REQUIREMENTS AND PROCEDURES FOR PROFESSIONAL LICENSURE. 1. TO
 QUALIFY FOR CERTIFICATION AS A CERTIFIED BEHAVIOR ANALYST ASSISTANT,  AN
 APPLICANT SHALL FULFILL THE FOLLOWING REQUIREMENTS:
   A. APPLICATION: FILE AN APPLICATION WITH THE DEPARTMENT;
 S. 4007--A                         474                        A. 3007--A
 
   B.  EDUCATION:  HAVE  RECEIVED AN EDUCATION, INCLUDING A BACHELOR'S OR
 HIGHER DEGREE FROM A PROGRAM REGISTERED BY THE DEPARTMENT OR  DETERMINED
 BY  THE  DEPARTMENT TO BE THE SUBSTANTIAL EQUIVALENT THEREOF, IN ACCORD-
 ANCE WITH THE COMMISSIONER'S REGULATIONS.
   C.  EXPERIENCE:  HAVE  EXPERIENCE  IN THE PRACTICE OF APPLIED BEHAVIOR
 ANALYSIS SATISFACTORY TO THE BOARD AND THE DEPARTMENT IN ACCORDANCE WITH
 THE COMMISSIONER'S REGULATIONS.
   D. EXAMINATION: PASS AN EXAMINATION ACCEPTABLE TO THE  BOARD  AND  THE
 DEPARTMENT IN ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS.
   E. AGE: BE AT LEAST TWENTY-ONE YEARS OF AGE;
   F.  CHARACTER: BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE DEPART-
 MENT AND SUBMIT AN ATTESTATION OF MORAL CHARACTER; AND
   G. FEE: PAY A FEE OF ONE HUNDRED FIFTY DOLLARS FOR AN INITIAL  LICENSE
 AND  A FEE OF SEVENTY-FIVE DOLLARS FOR EACH TRIENNIAL REGISTRATION PERI-
 OD.
   2. TO QUALIFY FOR A LICENSE AS A LICENSED BEHAVIOR ANALYST, AN  APPLI-
 CANT SHALL FULFILL THE FOLLOWING REQUIREMENTS:
   A. APPLICATION: FILE AN APPLICATION WITH THE DEPARTMENT;
   B.  EDUCATION:  HAVE  RECEIVED  AN  EDUCATION, INCLUDING A MASTER'S OR
 HIGHER DEGREE FROM A PROGRAM REGISTERED BY THE DEPARTMENT OR  DETERMINED
 BY  THE DEPARTMENT TO BE THE SUBSTANTIAL EQUIVALENT, THEREOF, IN ACCORD-
 ANCE WITH THE COMMISSIONER'S REGULATIONS.
   C. EXPERIENCE: HAVE EXPERIENCE IN THE  PRACTICE  OF  APPLIED  BEHAVIOR
 ANALYSIS SATISFACTORY TO THE BOARD AND THE DEPARTMENT IN ACCORDANCE WITH
 THE COMMISSIONER'S REGULATIONS.
   D.  EXAMINATION:  PASS  AN EXAMINATION ACCEPTABLE TO THE BOARD AND THE
 DEPARTMENT IN ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS.
   E. AGE: BE AT LEAST TWENTY-ONE YEARS OF AGE;
   F. CHARACTER: BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE  DEPART-
 MENT AND SUBMIT AN ATTESTATION OF MORAL CHARACTER; AND
   G.  FEE: PAY A FEE OF TWO HUNDRED DOLLARS FOR AN INITIAL LICENSE AND A
 FEE OF ONE HUNDRED DOLLARS FOR EACH TRIENNIAL REGISTRATION PERIOD.
   § 8805. SPECIAL PROVISIONS. AN INDIVIDUAL WHO MEETS  THE  REQUIREMENTS
 FOR  A  LICENSE  OR  CERTIFICATION  AS  A LICENSED BEHAVIOR ANALYST OR A
 CERTIFIED BEHAVIOR ANALYST ASSISTANT, EXCEPT FOR EXAMINATION, EXPERIENCE
 AND EDUCATION, AND WHO IS CERTIFIED OR REGISTERED BY A NATIONAL CERTIFY-
 ING BODY HAVING CERTIFICATION OR REGISTRATION  STANDARDS  ACCEPTABLE  TO
 THE  COMMISSIONER,  MAY  BE LICENSED OR CERTIFIED, WITHOUT MEETING ADDI-
 TIONAL  REQUIREMENTS  AS  TO  EXAMINATION,  EXPERIENCE  AND   EDUCATION,
 PROVIDED  THAT  SUCH INDIVIDUAL SUBMITS AN APPLICATION TO THE DEPARTMENT
 WITHIN TWO YEARS OF THE EFFECTIVE DATE OF THIS SECTION.
   § 8806. LIMITED PERMITS. THE  FOLLOWING  REQUIREMENTS  FOR  A  LIMITED
 PERMIT  SHALL APPLY TO ALL PROFESSIONS LICENSED OR CERTIFIED PURSUANT TO
 THIS TITLE:
   1. THE DEPARTMENT MAY ISSUE A LIMITED PERMIT TO AN APPLICANT WHO MEETS
 ALL QUALIFICATIONS FOR LICENSURE, EXCEPT THE EXAMINATION AND/OR  EXPERI-
 ENCE REQUIREMENTS, IN ACCORDANCE WITH REGULATIONS PROMULGATED THEREFOR.
   2.  LIMITED PERMITS SHALL BE FOR ONE YEAR; SUCH LIMITED PERMITS MAY BE
 RENEWED, AT THE DISCRETION OF THE DEPARTMENT, FOR ONE ADDITIONAL YEAR.
   3. THE FEE FOR EACH LIMITED PERMIT  AND  FOR  EACH  RENEWAL  SHALL  BE
 SEVENTY DOLLARS.
   4.  A  LIMITED  PERMIT HOLDER SHALL PRACTICE ONLY UNDER SUPERVISION AS
 DETERMINED IN ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS.
   § 8807. EXEMPTIONS. 1.  NOTHING  CONTAINED  IN  THIS  TITLE  SHALL  BE
 CONSTRUED  TO  LIMIT  THE  SCOPES  OF  PRACTICE  OF ANY OTHER PROFESSION
 LICENSED UNDER THIS TITLE.
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   2. NOTHING IN THIS TITLE SHALL BE CONSTRUED AS  PROHIBITING  A  PERSON
 FROM PERFORMING THE DUTIES OF A LICENSED BEHAVIOR ANALYST OR A CERTIFIED
 BEHAVIOR  ANALYST  ASSISTANT,  IN THE COURSE OF SUCH EMPLOYMENT, IF SUCH
 PERSON IS EMPLOYED:
   A. BY A FEDERAL, STATE, COUNTY OR MUNICIPAL AGENCY, OR OTHER POLITICAL
 SUBDIVISION;
   B.  BY  A  CHARTERED ELEMENTARY OR SECONDARY SCHOOL OR DEGREE-GRANTING
 INSTITUTION;
   C. AS A CERTIFIED TEACHER OR TEACHING ASSISTANT, OTHER  THAN  A  PUPIL
 PERSONNEL  SERVICES  PROFESSIONAL,  IN AN APPROVED PROGRAM AS DEFINED IN
 PARAGRAPH B OF SUBDIVISION ONE OF SECTION FORTY-FOUR HUNDRED TEN OF  THE
 EDUCATION LAW; OR
   D.  IN  A  SETTING  TO THE EXTENT THAT THE EXEMPTION IN PARAGRAPH D OF
 SUBDIVISION SIX OF SECTION FORTY-FOUR HUNDRED TEN OF THE  EDUCATION  LAW
 APPLIES.
   3. NOTHING IN THIS TITLE SHALL BE CONSTRUED AS PROHIBITING A CERTIFIED
 TEACHER  OR  TEACHING  ASSISTANT,  OTHER THAN A PUPIL PERSONNEL SERVICES
 PROFESSIONAL, FROM PERFORMING THE DUTIES OF A LICENSED BEHAVIOR  ANALYST
 OR  CERTIFIED  BEHAVIOR ANALYST ASSISTANT, IN THE COURSE OF SUCH EMPLOY-
 MENT OR CONTRACTUAL AGREEMENT, IF SUCH PERSON IS EMPLOYED OR  CONTRACTED
 WITH  AN  AGENCY  APPROVED  BY THE DEPARTMENT OF HEALTH TO PROVIDE EARLY
 INTERVENTION SERVICES OR HAS AN AGREEMENT WITH THE DEPARTMENT OF  HEALTH
 TO  PROVIDE EARLY INTERVENTION SERVICES PURSUANT TO TITLE TWO-A OF ARTI-
 CLE TWENTY-FIVE OF THIS CHAPTER.
   4. NOTHING IN THIS TITLE SHALL BE CONSTRUED AS PROHIBITING THE  ACTIV-
 ITIES  AND  SERVICES  REQUIRED  OF  A STUDENT, INTERN, OR RESIDENT IN AN
 EDUCATIONAL PROGRAM ACCEPTABLE TO THE DEPARTMENT PURSUANT TO THE COMMIS-
 SIONER'S REGULATIONS, PURSUING A COURSE OF STUDY LEADING TO A BACHELOR'S
 OR HIGHER DEGREE IN AN EDUCATIONAL PROGRAM ACCEPTABLE TO THE  DEPARTMENT
 PURSUANT TO THE COMMISSIONER'S REGULATIONS IN AN INSTITUTION APPROVED BY
 THE  DEPARTMENT, PROVIDED THAT SUCH ACTIVITIES AND SERVICES CONSTITUTE A
 PART OF HIS OR HER SUPERVISED COURSE OF STUDY IN AN EDUCATIONAL  PROGRAM
 ACCEPTABLE TO THE DEPARTMENT PURSUANT TO THE COMMISSIONER'S REGULATIONS.
 SUCH  PERSON SHALL BE DESIGNATED BY TITLE WHICH CLEARLY INDICATES HIS OR
 HER TRAINING STATUS.
   5. NOTHING IN THIS TITLE SHALL BE CONSTRUED TO  AFFECT  OR  PREVENT  A
 PERSON  WITHOUT  A LICENSE OR OTHER AUTHORIZATION PURSUANT TO THIS TITLE
 FROM PERFORMING ASSESSMENTS,  INCLUDING  COLLECTING  BASIC  INFORMATION,
 GATHERING  DEMOGRAPHIC  DATA,  AND MAKING INFORMAL OBSERVATIONS, FOR THE
 PURPOSE OF DETERMINING NEED FOR  SERVICES  UNRELATED  TO  AN  ABA  PLAN.
 FURTHER,  LICENSURE OR AUTHORIZATION PURSUANT TO THIS TITLE SHALL NOT BE
 REQUIRED TO CREATE, DEVELOP OR IMPLEMENT A SERVICE PLAN UNRELATED TO  AN
 ABA  PLAN.  THIS  TITLE  SHALL NOT APPLY TO BEHAVIORAL HEALTH TREATMENTS
 OTHER THAN ABA THAT MAY BE PROVIDED  TO  PERSONS  WITH  AUTISM  SPECTRUM
 DISORDER.  A  LICENSE UNDER THIS TITLE SHALL NOT BE REQUIRED FOR PERSONS
 TO PARTICIPATE AS A MEMBER OF A MULTI-DISCIPLINARY TEAM TO IMPLEMENT  AN
 ABA  PLAN;  PROVIDED,  HOWEVER, THAT SUCH TEAM SHALL INCLUDE ONE OR MORE
 PROFESSIONALS LICENSED UNDER THIS TITLE OR TITLES TWO, SEVENTEEN,  EIGH-
 TEEN  OR  TWENTY-FIVE  OF  THIS  ARTICLE;  AND PROVIDED FURTHER THAT THE
 ACTIVITIES PERFORMED BY MEMBERS OF THE TEAM SHALL BE CONSISTENT WITH THE
 SCOPE OF PRACTICE FOR EACH TEAM MEMBER LICENSED OR AUTHORIZED UNDER THIS
 TITLE, AND THOSE WHO ARE NOT SO AUTHORIZED MAY NOT ENGAGE IN THE FOLLOW-
 ING RESTRICTED PRACTICES: CREATION, MODIFICATION OR  TERMINATION  OF  AN
 ABA  PLAN;  DIAGNOSIS  OF  MENTAL,  EMOTIONAL, BEHAVIORAL, ADDICTIVE AND
 DEVELOPMENTAL DISORDERS AND DISABILITIES; PATIENT ASSESSMENT AND  EVALU-
 ATING;  PROVISION OF PSYCHOTHERAPEUTIC TREATMENT; PROVISION OF TREATMENT
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 OTHER THAN PSYCHOTHERAPEUTIC TREATMENT; AND DEVELOPMENT AND  IMPLEMENTA-
 TION  OF ASSESSMENT-BASED TREATMENT PLANS, AS DEFINED IN SECTION EIGHTY-
 EIGHT HUNDRED TWO OF THIS TITLE. PROVIDED FURTHER, HOWEVER, THAT NOTHING
 IN THIS SUBDIVISION SHALL BE CONSTRUED AS REQUIRING A LICENSE OR AUTHOR-
 IZATION FOR ANY PARTICULAR ACTIVITY OR FUNCTION BASED SOLELY ON THE FACT
 THAT  THE  ACTIVITY  OR  FUNCTION  IS  NOT  LISTED  IN THIS SUBDIVISION.
 PROVIDED FURTHER,  HOWEVER,  THAT  NOTHING  IN  THIS  SUBDIVISION  SHALL
 AUTHORIZE  THE  DELEGATION OF RESTRICTED ACTIVITIES TO AN INDIVIDUAL WHO
 IS NOT APPROPRIATELY LICENSED OR AUTHORIZED UNDER THIS TITLE.
   6. NOTHING IN THIS TITLE SHALL BE CONSTRUED AS  PROHIBITING  AN  EARLY
 INTERVENTION  ABA  AIDE,  PURSUANT  TO  REGULATIONS  PROMULGATED  BY THE
 COMMISSIONER, AND ACTING UNDER THE SUPERVISION AND DIRECTION OF A QUALI-
 FIED SUPERVISOR WHO IS LICENSED OR OTHERWISE AUTHORIZED PURSUANT TO THIS
 CHAPTER FROM:
   (A) ASSISTING THE SUPERVISOR AND QUALIFIED PERSONNEL WITH  THE  IMPLE-
 MENTATION OF INDIVIDUAL ABA PLANS;
   (B)  ASSISTING IN THE RECORDING AND COLLECTION OF DATA NEEDED TO MONI-
 TOR PROGRESS;
   (C) PARTICIPATING IN REQUIRED TEAM MEETINGS; AND
   (D) COMPLETING ANY OTHER ACTIVITIES AS DIRECTED BY HIS OR HER SUPERVI-
 SOR AND AS NECESSARY TO ASSIST IN THE IMPLEMENTATION OF  INDIVIDUAL  ABA
 PLANS.  PROVIDED HOWEVER, THAT NOTHING IN THIS SUBDIVISION SHALL AUTHOR-
 IZE THE DELEGATION OF RESTRICTED ACTIVITIES TO AN INDIVIDUAL WHO IS  NOT
 APPROPRIATELY   LICENSED  OR  OTHERWISE  AUTHORIZED  UNDER  THIS  TITLE;
 PROVIDED FURTHER HOWEVER, THAT  IN  REGARD  TO  THE  EARLY  INTERVENTION
 PROGRAM  ESTABLISHED  PURSUANT  TO TITLE TWO-A OF ARTICLE TWENTY-FIVE OF
 THIS CHAPTER, AN EARLY INTERVENTION ABA AIDE UNDER THE  SUPERVISION  AND
 DIRECTION OF A QUALIFIED SUPERVISOR MAY COMPLETE ACTIVITIES NECESSARY TO
 ASSIST  IN  THE  IMPLEMENTATION OF AN INDIVIDUAL ABA PLAN, PROVIDED THAT
 SUCH ACTIVITIES DO NOT REQUIRE PROFESSIONAL SKILL OR JUDGMENT.
   7. THIS TITLE SHALL NOT BE CONSTRUED TO PROHIBIT CARE DELIVERED 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  APPLIED  BEHAVIOR
 ANALYSIS  UNDER  THE  PROVISIONS  OF  THIS TITLE; PROVIDED THAT, IF SUCH
 PERSON IS REMUNERATED, THE PERSON DOES NOT HOLD HIMSELF OR  HERSELF  OUT
 AS ONE WHO ACCEPTS EMPLOYMENT FOR PERFORMING SUCH CARE.
   8.  NOTHING  IN  THIS TITLE SHALL BE CONSTRUED AS PROHIBITING PROGRAMS
 CERTIFIED BY THE OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES  FROM
 PROVIDING  SUBSTANCE  USE  DISORDER SERVICES FOR PERSONS WITH AUTISM AND
 AUTISM SPECTRUM DISORDERS AND RELATED DISORDERS.
   § 8808. STATE BOARD FOR APPLIED BEHAVIOR ANALYSIS. 1.  A  STATE  BOARD
 FOR APPLIED BEHAVIOR ANALYSIS SHALL BE APPOINTED BY THE COMMISSIONER AND
 SHALL ASSIST ON MATTERS OF LICENSING AND PROFESSIONAL CONDUCT IN ACCORD-
 ANCE WITH SECTION SIXTY-FIVE HUNDRED EIGHT OF THIS ARTICLE. AN EXECUTIVE
 SECRETARY OF THE BOARD SHALL BE APPOINTED BY THE COMMISSIONER.
   2. THE BOARD SHALL CONSIST OF SEVEN INDIVIDUALS, TO BE COMPOSED OF THE
 FOLLOWING:
   (A) THREE LICENSED BEHAVIOR ANALYSTS;
   (B) ONE CERTIFIED BEHAVIOR ANALYST ASSISTANT;
   (C)  ONE  LICENSED PSYCHOLOGIST, WHO MAY CURRENTLY PRESCRIBE TREATMENT
 INVOLVING APPLIED BEHAVIOR ANALYSIS IN HIS OR HER PROFESSIONAL PRACTICE;
 AND
   (D) TWO PUBLIC REPRESENTATIVES, AS DEFINED IN PARAGRAPH B OF  SUBDIVI-
 SION ONE OF SECTION SIXTY-FIVE HUNDRED EIGHT OF THIS ARTICLE.
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                                 TITLE 30
                     LICENSED PATHOLOGISTS' ASSISTANTS
 SECTION 8850. DEFINITIONS.
         8851. PRACTICE  AS  PATHOLOGISTS' ASSISTANT AND USE OF THE TITLE
                 "PATHOLOGISTS' ASSISTANT".
         8852. REQUIREMENTS FOR LICENSURE AS A PATHOLOGISTS' ASSISTANT.
         8853. SPECIAL PROVISIONS; ELIGIBILITY.
         8854. STATE COMMITTEE FOR PATHOLOGISTS' ASSISTANTS.
         8855. LIMITED PERMITS.
         8856. EXEMPTIONS AND EXEMPT PERSONS.
   § 8850. DEFINITIONS. AS USED IN THIS TITLE: 1. THE TERM "PATHOLOGISTS'
 ASSISTANT" MEANS A PERSON LICENSED TO  ASSIST  PHYSICIANS  WHO  PRACTICE
 PATHOLOGY  BY  PROVIDING SERVICES WITHIN THE PERMITTED SCOPE OF PRACTICE
 FOR PATHOLOGISTS' ASSISTANTS AS DEFINED  IN  SUBDIVISION  FOUR  OF  THIS
 SECTION.  ALL  SUCH  SERVICES SHALL BE PERFORMED UNDER THE DIRECTION AND
 SUPERVISION OF A LICENSED PHYSICIAN WHO PRACTICES ANATOMIC PATHOLOGY.
   2. THE TERM "DIRECTION AND SUPERVISION" MEANS CONTINUOUS DIRECTION AND
 SUPERVISION, BUT SHALL NOT BE CONSTRUED  AS  NECESSARILY  REQUIRING  THE
 PHYSICAL  PRESENCE  OF  THE  SUPERVISING PHYSICIAN AT THE TIME AND PLACE
 WHERE SUCH SERVICES ARE PERFORMED.
   3. THE TERM "PHYSICIAN" MEANS A PRACTITIONER OF MEDICINE  LICENSED  TO
 PRACTICE MEDICINE PURSUANT TO TITLE TWO OF THIS ARTICLE.
   4. THE TERM "SCOPE OF PRACTICE FOR PATHOLOGISTS' ASSISTANTS" MEANS THE
 PROVISION  OF THE FOLLOWING SERVICES UNDER THE DIRECTION AND SUPERVISION
 OF A LICENSED PHYSICIAN WHO PRACTICES ANATOMIC PATHOLOGY:  A.  PREPARING
 GROSS  TISSUE SECTIONS FOR PATHOLOGY ANALYSIS, INCLUDING BUT NOT LIMITED
 TO, CUTTING, STAINING AS REQUIRED, DESCRIBING GROSS  ANATOMIC  FEATURES,
 DISSECTING  SURGICAL  SPECIMENS, AND SUBMITTING TISSUES FOR BIO-BANKING,
 HISTOLOGIC PROCESSING, OR OTHER ANALYSES; B. PERFORMING HUMAN POSTMORTEM
 EXAMINATIONS, INCLUDING BUT NOT LIMITED TO,  SELECTION  OF  TISSUES  AND
 FLUIDS  FOR  FURTHER  EXAMINATION, EXTERNAL EXAMINATION, DISSECTION, AND
 GATHERING AND RECORDING INFORMATION FOR AUTOPSY REPORTS;  AND  C.  OTHER
 FUNCTIONS AND RESPONSIBILITIES IN FURTHERANCE OF AND CONSISTENT WITH THE
 FOREGOING AS DETERMINED BY THE DEPARTMENT. THE TERM DOES NOT INCLUDE THE
 AUTHORITY  TO  DIAGNOSE  OR  PROVIDE  A  MEDICAL  OPINION. SERVICES OF A
 PATHOLOGISTS' ASSISTANT MUST BE PERFORMED IN A LABORATORY OR OTHER  SITE
 AUTHORIZED UNDER LAW TO PERFORM SUCH SERVICES.
   5.  THE  TERM  "COMMITTEE" MEANS THE STATE COMMITTEE FOR PATHOLOGISTS'
 ASSISTANTS CREATED BY THIS TITLE.
   § 8851. PRACTICE AS PATHOLOGISTS'  ASSISTANT  AND  USE  OF  THE  TITLE
 "PATHOLOGISTS' ASSISTANT". ONLY PERSONS LICENSED OR OTHERWISE AUTHORIZED
 TO PRACTICE AS A PATHOLOGISTS' ASSISTANT UNDER THIS TITLE SHALL PRACTICE
 PATHOLOGIST  ASSISTING OR USE THE TITLE "PATHOLOGISTS' ASSISTANT" OR THE
 TERM "PATHOLOGISTS' ASSISTANT" ALONE OR IN COMBINATION WITH OTHER  TERMS
 AND  PHRASES  IN  DESCRIBING THEIR SERVICES AND ACTIVITIES OR THE DESIG-
 NATION "PATH A".
   § 8852. REQUIREMENTS FOR LICENSURE AS A  PATHOLOGISTS'  ASSISTANT.  TO
 QUALIFY FOR LICENSURE AS A "LICENSED PATHOLOGISTS' ASSISTANT", AN APPLI-
 CANT SHALL FULFILL THE FOLLOWING REQUIREMENTS:
   1. APPLICATION: FILE AN APPLICATION WITH THE DEPARTMENT;
   2.  EDUCATION:  RECEIVE AN EDUCATION, INCLUDING A BACHELOR'S OR HIGHER
 DEGREE IN PATHOLOGISTS' ASSISTANT, GRANTED ON THE BASIS OF COMPLETION OF
 A PROGRAM OF PATHOLOGISTS' ASSISTANT REGISTERED WITH THE  DEPARTMENT  OR
 THE  SUBSTANTIAL  EQUIVALENT THEREOF, IN ACCORDANCE WITH THE COMMISSION-
 ER'S REGULATIONS;
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   3. EXAMINATION: OBTAIN A PASSING SCORE ON AN EXAMINATION ACCEPTABLE TO
 THE DEPARTMENT;
   4.  AGE:  AT  THE  TIME OF APPLICATION BE AT LEAST TWENTY-ONE YEARS OF
 AGE;
   5. CHARACTER: BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE  DEPART-
 MENT; AND
   6.  FEE: PAY A FEE DETERMINED BY THE DEPARTMENT FOR AN INITIAL LICENSE
 AND FOR EACH TRIENNIAL REGISTRATION PERIOD.
   § 8853. SPECIAL PROVISIONS; ELIGIBILITY. AN INDIVIDUAL WHO  MEETS  THE
 REQUIREMENTS  FOR A LICENSE AS A LICENSED PATHOLOGISTS' ASSISTANT EXCEPT
 FOR EXAMINATION AND EDUCATION AND WHO HAS BEEN PERFORMING THE DUTIES  OF
 A  PATHOLOGISTS' ASSISTANT FOR TWO OF THE FIVE YEARS PRIOR TO THE EFFEC-
 TIVE DATE OF THIS TITLE  MAY  BE  LICENSED  WITHOUT  MEETING  ADDITIONAL
 REQUIREMENTS,  PROVIDED  THAT  SUCH INDIVIDUAL SUBMITS AN APPLICATION TO
 THE DEPARTMENT WITHIN TWO YEARS OF THE EFFECTIVE DATE OF THIS TITLE. FOR
 THIS PURPOSE, THE APPLICANT'S SUPERVISING PHYSICIANS MUST ATTEST TO  THE
 APPLICANT'S EXPERIENCE AND COMPETENCE.
   §  8854.  STATE  COMMITTEE  FOR  PATHOLOGISTS'  ASSISTANTS. 1. A STATE
 COMMITTEE FOR PATHOLOGISTS' ASSISTANTS SHALL BE APPOINTED BY THE COMMIS-
 SIONER AS A COMMITTEE OF THE BOARD  OF  MEDICINE  TO  ADVISE  SOLELY  ON
 MATTERS RELATING TO PATHOLOGISTS' ASSISTANTS AND SHALL ASSIST ON MATTERS
 OF  LICENSURE  AND  PROFESSIONAL  CONDUCT.  THE  PATHOLOGISTS' ASSISTANT
 MEMBERS OF THE INITIAL COMMITTEE NEED NOT BE  LICENSED  PRIOR  TO  THEIR
 APPOINTMENT  BUT  SHALL  HAVE  MET  ALL  OTHER REQUIREMENTS OF LICENSING
 PURSUANT TO SECTION EIGHTY-EIGHT HUNDRED FIFTY-TWO OF THIS TITLE  EXCEPT
 THE FILING OF AN APPLICATION AND PAYING A FEE.
   2.  THE  COMMITTEE SHALL CONSIST OF NO FEWER THAN FIVE INDIVIDUALS, TO
 BE COMPOSED OF A MINIMUM OF THE FOLLOWING:
   (A) ONE LICENSED PHYSICIAN WHO PRACTICES PATHOLOGY;
   (B) THREE LICENSED PATHOLOGISTS' ASSISTANTS; AND
   (C) ONE PUBLIC REPRESENTATIVE.
   § 8855. LIMITED PERMITS. 1. ELIGIBILITY. A  PERSON  WHO  FULFILLS  ALL
 REQUIREMENTS  FOR  LICENSURE  AS  A  PATHOLOGISTS' ASSISTANT EXCEPT THAT
 RELATING TO THE EXAMINATION SHALL BE ELIGIBLE FOR A LIMITED PERMIT.
   2. LIMIT OF PRACTICE. A PERMITTEE SHALL BE AUTHORIZED TO PRACTICE AS A
 PATHOLOGISTS' ASSISTANT ONLY UNDER THE DIRECTION AND  SUPERVISION  OF  A
 LICENSED  PHYSICIAN WHO PRACTICES ANATOMIC PATHOLOGY AND PURSUANT TO THE
 ORDER AND DIRECTION OF THAT LICENSED PHYSICIAN.
   3. DURATION. A LIMITED PERMIT SHALL EXPIRE ONE YEAR FROM THE  DATE  OF
 ISSUANCE.  A  LIMITED PERMIT MAY BE EXTENDED FOR ONE ADDITIONAL YEAR FOR
 GOOD CAUSE AS DETERMINED BY THE DEPARTMENT.
   4. FEES. THE FEE FOR EACH LIMITED PERMIT SHALL BE  DETERMINED  BY  THE
 DEPARTMENT.
   § 8856. EXEMPTIONS AND EXEMPT PERSONS. THIS TITLE SHALL NOT PROHIBIT:
   1.  THE  PERFORMANCE  OF  ANY TASKS OR RESPONSIBILITIES BY ANY STUDENT
 ENGAGED IN CLINICAL TRAINING IN A GENERAL HOSPITAL LICENSED PURSUANT  TO
 TITLE TWENTY-EIGHT OF THIS CHAPTER, PROVIDED SUCH PRACTICE IS LIMITED TO
 CLINICAL TRAINING THAT SHALL BE CARRIED OUT UNDER THE DIRECT SUPERVISION
 OF A LICENSED PHYSICIAN WHO PRACTICES ANATOMIC PATHOLOGY; OR
   2.  THE  PERFORMANCE  OF  ANY  TASKS OR RESPONSIBILITIES BY ANY PERSON
 LICENSED UNDER THIS TITLE, PROVIDED SUCH TASKS OR  RESPONSIBILITIES  ARE
 PERMITTED  BY  THE TITLE GOVERNING THE PROFESSION PURSUANT TO WHICH SUCH
 PERSON IS LICENSED; OR
   3. THE PERFORMANCE OF ANY TASKS OR  RESPONSIBILITIES  BY  ANY  LEGALLY
 QUALIFIED  PATHOLOGISTS'  ASSISTANTS OF ANY OTHER STATE OR TERRITORY WHO
 IS SERVING IN THE ARMED FORCES OR  THE  PUBLIC  HEALTH  SERVICE  OF  THE
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 UNITED  STATES OR WHO IS EMPLOYED BY THE VETERANS' ADMINISTRATION, WHILE
 ENGAGED IN THE PERFORMANCE OF HIS OR HER DUTIES; OR
   4. THE PERFORMANCE OF ANY TASKS AND RESPONSIBILITIES BY ANY INDIVIDUAL
 LEGALLY  CARRYING  OUT THE EXAMINATIONS AND TESTS ENUMERATED IN SUBDIVI-
 SION TWO OF SECTION FIVE HUNDRED SEVENTY-NINE OF THIS CHAPTER.
   § 3. The state finance law is amended by adding a new section 98-d  to
 read as follows:
   §  98-D.  LICENSED  HEALTHCARE PROFESSIONS ACCOUNT. 1. THERE IS HEREBY
 ESTABLISHED IN THE JOINT  CUSTODY  OF  THE  STATE  COMPTROLLER  AND  THE
 COMMISSIONER  OF  TAXATION  AND  FINANCE AN ACCOUNT OF THE MISCELLANEOUS
 SPECIAL REVENUE FUND TO BE KNOWN AS THE LICENSED HEALTHCARE  PROFESSIONS
 ACCOUNT.
   2.  NOTWITHSTANDING ANY OTHER LAW, RULE OR REGULATION TO THE CONTRARY,
 THE STATE COMPTROLLER IS HEREBY AUTHORIZED AND DIRECTED TO  RECEIVE  FOR
 DEPOSIT  TO  THE  CREDIT OF THE LICENSED HEALTHCARE PROFESSIONS ACCOUNT,
 PAYMENTS RELATING TO THE RESPONSIBILITIES OF THE  DEPARTMENT  OF  HEALTH
 PURSUANT  TO  ARTICLE FIFTY-ONE OF THE PUBLIC HEALTH LAW, INCLUDING FEES
 FOR PROFESSIONAL LICENSES AND REGISTRATION, PENALTIES  FOR  PROFESSIONAL
 MISCONDUCT,  CHARGES  FOR  TEST ADMINISTRATION, VERIFICATION AND CERTIF-
 ICATION  OF  CREDENTIALS,  AND  RESTORATION  OF  REVOKED  AND   ANNULLED
 LICENSES, AND SURCHARGES AND CHARGES AS ESTABLISHED BY STATUTE OR BY THE
 DEPARTMENT OF HEALTH'S REGULATIONS PURSUANT TO SUCH ARTICLE.
   3. MONEYS OF THIS ACCOUNT, FOLLOWING APPROPRIATION BY THE LEGISLATURE,
 SHALL BE AVAILABLE TO THE DEPARTMENT OF HEALTH FOR SERVICES AND EXPENSES
 FOR  REGULATION,  OVERSIGHT,  AND  ENFORCEMENT  OF  LICENSED  HEALTHCARE
 PROFESSIONS ENUMERATED IN ARTICLE FIFTY-ONE OF THE PUBLIC HEALTH LAW.
   § 4. Subdivision (d) of section 4504 of the  civil  practice  law  and
 rules,  as  added by chapter 987 of the laws of 1971, is amended to read
 as follows:
   (d) Proof of negligence; unauthorized practice  of  medicine.  In  any
 action  for  damages for personal injuries or death against a person not
 authorized to practice medicine under [article 131 of the education law]
 TITLE 2 OF ARTICLE 51 OF THE PUBLIC HEALTH  LAW  for  any  act  or  acts
 constituting  the  practice  of  medicine,  when such act or acts were a
 competent producing proximate or contributing cause of such injuries  or
 death,  the  fact  that  such person practiced medicine without being so
 authorized shall be deemed prima facie evidence of negligence.
   § 5. Subdivision (a) of section 1203 of the limited liability  company
 law,  as  amended by chapter 475 of the laws of 2014, is amended to read
 as follows:
   (a) Notwithstanding the education law or any other provision  of  law,
 one  or more professionals each of whom is authorized by law to render a
 professional service within the state, or one or more professionals,  at
 least  one of whom is authorized by law to render a professional service
 within the state, may form,  or  cause  to  be  formed,  a  professional
 service  limited liability company for pecuniary profit under this arti-
 cle for the purpose of rendering the professional service or services as
 such professionals are authorized to practice. With respect to a profes-
 sional service limited  liability  company  formed  to  provide  medical
 services  as  such services are defined in [article 131 of the education
 law] TITLE 2 OF ARTICLE 51 OF THE PUBLIC HEALTH LAW, each member of such
 limited liability company must be licensed pursuant to [article  131  of
 the  education  law]  TITLE  2 OF ARTICLE 51 OF THE PUBLIC HEALTH LAW to
 practice medicine in this state. With respect to a professional  service
 limited  liability  company  formed  to  provide dental services as such
 services are defined in [article 133 of the education law]  TITLE  7  OF
 S. 4007--A                         480                        A. 3007--A
 
 ARTICLE 51 OF THE PUBLIC HEALTH LAW, each member of such limited liabil-
 ity  company  must be licensed pursuant to [article 133 of the education
 law] TITLE 7 OF ARTICLE 51 OF THE PUBLIC HEALTH LAW to practice  dentis-
 try  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] TITLE 18 OF ARTICLE 51 OF
 THE PUBLIC HEALTH LAW, each member of  such  limited  liability  company
 shall  be  licensed pursuant to [article 154 of the education law] TITLE
 18 OF ARTICLE 51 OF THE PUBLIC HEALTH LAW to practice licensed  clinical
 social work in this state. With respect to a professional service limit-
 ed liability company formed to provide creative arts therapy services as
 such services are defined in [article 163 of the education law] TITLE 25
 OF  ARTICLE  51  OF  THE  PUBLIC HEALTH LAW, each member of such limited
 liability company must be licensed  pursuant  to  [article  163  of  the
 education  law] TITLE 25 OF ARTICLE 51 OF THE PUBLIC HEALTH LAW to prac-
 tice 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] TITLE 25 OF ARTICLE 51 OF THE  PUBLIC  HEALTH  LAW,  each
 member  of  such  limited liability company must be licensed pursuant to
 [article 163 of the education law] TITLE 25 OF ARTICLE 51 OF THE  PUBLIC
 HEALTH  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] TITLE 25  OF  ARTICLE  51  OF  THE
 PUBLIC HEALTH LAW, each member of such limited liability company must be
 licensed  pursuant  to  [article  163  of the education law] TITLE 25 OF
 ARTICLE 51 OF THE PUBLIC HEALTH 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] TITLE 25 OF ARTICLE 51  OF
 THE  PUBLIC  HEALTH  LAW,  each member of such limited liability company
 must be licensed pursuant to [article 163 of the education law] TITLE 25
 OF ARTICLE 51 OF THE PUBLIC HEALTH 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] TITLE 29 OF
 ARTICLE 51 OF THE PUBLIC HEALTH LAW, each member of such limited liabil-
 ity company must be licensed or certified pursuant to  [article  167  of
 the  education  law]  TITLE 29 OF ARTICLE 51 OF THE PUBLIC HEALTH LAW to
 practice applied behavior analysis in this state. In addition to  engag-
 ing  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
 S. 4007--A                         481                        A. 3007--A
 
 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.
   §  6. 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
 [article  131  of the education law] TITLE 2 OF ARTICLE 51 OF THE PUBLIC
 HEALTH LAW, each member  of  such  limited  liability  company  must  be
 licensed pursuant to [article 131 of the education law] TITLE 2 OF ARTI-
 CLE 51 OF THE PUBLIC HEALTH LAW to practice medicine in this state. With
 respect  to  a  professional service limited liability company formed to
 provide dental services as such services are defined in [article 133  of
 the  education law] TITLE 7 OF ARTICLE 51 OF THE PUBLIC HEALTH LAW, each
 member of such limited liability company must be  licensed  pursuant  to
 [article  133  of the education law] TITLE 7 OF ARTICLE 51 OF THE PUBLIC
 HEALTH LAW to practice dentistry  in  this  state.  With  respect  to  a
 professional service limited liability company formed to provide veteri-
 nary  services as such services are defined in article 135 of the educa-
 tion 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,  landscape  architectural  and/or  geological
 services as such services are defined in article 145,  article  147  and
 article  148 of the education law, each member of such limited liability
 company must be licensed pursuant to article  145,  article  147  and/or
 article  148  of  the  education  law  to  practice  one or more of such
 professions in this state. With respect to a professional service limit-
 ed liability company formed to provide  licensed  clinical  social  work
 services  as  such services are defined in [article 154 of the education
 law] TITLE 18 OF ARTICLE 51 OF THE PUBLIC HEALTH  LAW,  each  member  of
 such  limited  liability  company shall be licensed pursuant to [article
 154 of the education law] TITLE 18 OF ARTICLE 51 OF  THE  PUBLIC  HEALTH
 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] TITLE 25 OF ARTICLE 51 OF THE  PUBLIC
 HEALTH  LAW,  each  member  of  such  limited  liability company must be
 licensed pursuant to [article 163 of the  education  law]  TITLE  25  OF
 ARTICLE 51 OF THE PUBLIC HEALTH 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] TITLE 25 OF
 ARTICLE 51 OF THE PUBLIC HEALTH LAW, each member of such limited liabil-
 ity company must be licensed pursuant to [article 163 of  the  education
 law]  TITLE  25  OF  ARTICLE  51  OF  THE  PUBLIC HEALTH 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
 S. 4007--A                         482                        A. 3007--A

 education law] TITLE 25 OF ARTICLE 51 OF THE  PUBLIC  HEALTH  LAW,  each
 member  of  such  limited liability company must be licensed pursuant to
 [article 163 of the education law] TITLE 25 OF ARTICLE 51 OF THE  PUBLIC
 HEALTH  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] TITLE 25 OF ARTICLE 51 OF THE PUBLIC HEALTH
 LAW, each member of such limited  liability  company  must  be  licensed
 pursuant to [article 163 of the education law] TITLE 25 OF ARTICLE 51 OF
 THE  PUBLIC  HEALTH  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] TITLE 29  OF  ARTICLE  51  OF  THE
 PUBLIC HEALTH LAW, each member of such limited liability company must be
 licensed  or  certified  pursuant  to [article 167 of the education law]
 TITLE 29 OF ARTICLE 51 OF THE PUBLIC  HEALTH  LAW  to  practice  applied
 behavior analysis in this state.
   § 7. Subdivisions (a), (b), (c) and (f) of section 1301 of the limited
 liability  company  law,  subdivisions (a) and (f) as amended by chapter
 475 of the laws of 2014, are amended to read as follows:
   (a) "Foreign professional service limited liability company"  means  a
 professional  service  limited liability company, whether or not denomi-
 nated as such, organized under the laws of  a  jurisdiction  other  than
 this state, (i) each of whose members and managers, if any, is a profes-
 sional  authorized  by  law to render a professional service within this
 state and who is or has been engaged in the practice of such  profession
 in  such professional service limited liability company or a predecessor
 entity, or will engage in the practice of such profession in the profes-
 sional service limited liability company within thirty days of the  date
 such  professional becomes a member, or each of whose members and manag-
 ers, if any, is a professional at least one of such members  is  author-
 ized  by  law to render a professional service within this state and who
 is or has been engaged in  the  practice  of  such  profession  in  such
 professional  service limited liability company or a predecessor entity,
 or will engage in the practice of such profession  in  the  professional
 service  limited  liability  company within thirty days of the date such
 professional becomes a member, or  (ii)  authorized  by,  or  holding  a
 license,  certificate,  registration  or  permit issued by the licensing
 authority pursuant to,  the  education  law  to  render  a  professional
 service within this state; except that all members and managers, if any,
 of  a  foreign  professional  service  limited  liability  company  that
 provides health services in this state shall be licensed in this  state.
 With respect to a foreign professional service limited liability company
 which provides veterinary services as such services are defined in arti-
 cle  135  of the education law, each member of such foreign professional
 service limited liability company shall be licensed pursuant to  article
 135  of  the education law to practice veterinary medicine. With respect
 to a  foreign  professional  service  limited  liability  company  which
 provides  medical  services as such services are defined in [article 131
 of the education law] TITLE 2 OF ARTICLE 51 OF THE  PUBLIC  HEALTH  LAW,
 each  member  of  such  foreign  professional  service limited liability
 company must be licensed pursuant to [article 131 of the education  law]
 TITLE  2  OF ARTICLE 51 OF THE PUBLIC HEALTH LAW to practice medicine in
 this state.   With respect to a  foreign  professional  service  limited
 liability  company  which  provides dental services as such services are
 defined in [article 133 of the education law] TITLE 7 OF ARTICLE  51  OF
 S. 4007--A                         483                        A. 3007--A
 
 THE  PUBLIC HEALTH LAW, each member of such foreign professional service
 limited liability company must be licensed pursuant to [article  133  of
 the  education  law]  TITLE  7 OF ARTICLE 51 OF THE PUBLIC HEALTH LAW to
 practice dentistry in this state. With respect to a foreign professional
 service  limited liability company which provides professional engineer-
 ing, land surveying, geologic, architectural and/or landscape  architec-
 tural  services as such services are defined in article 145, article 147
 and article 148 of the  education  law,  each  member  of  such  foreign
 professional service limited liability company must be licensed pursuant
 to  article  145, article 147 and/or article 148 of the education law to
 practice one or more of such professions in this state. With respect  to
 a  foreign professional service limited liability company which provides
 licensed clinical social work services as such services are  defined  in
 [article  154 of the education law] TITLE 18 OF ARTICLE 51 OF THE PUBLIC
 HEALTH LAW, each member of such  foreign  professional  service  limited
 liability  company  shall  be  licensed  pursuant to [article 154 of the
 education law] TITLE 18 OF ARTICLE 51 OF THE PUBLIC HEALTH LAW to  prac-
 tice  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] TITLE 25 OF ARTICLE 51 OF THE PUBLIC HEALTH LAW, each
 member of such foreign professional service  limited  liability  company
 must be licensed pursuant to [article 163 of the education law] TITLE 25
 OF ARTICLE 51 OF THE PUBLIC HEALTH LAW to practice creative arts therapy
 in  this  state.  With respect to a foreign professional service limited
 liability company which provides marriage and family therapy services as
 such services are defined in [article 163 of the education law] TITLE 25
 OF ARTICLE 51 OF THE PUBLIC HEALTH LAW,  each  member  of  such  foreign
 professional service limited liability company must be licensed pursuant
 to  [article  163  of  the  education law] TITLE 25 OF ARTICLE 51 OF THE
 PUBLIC HEALTH 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] TITLE 25 OF ARTICLE 51 OF
 THE PUBLIC HEALTH LAW, each member of such foreign professional  service
 limited  liability  company must be licensed pursuant to [article 163 of
 the education law] TITLE 25 OF ARTICLE 51 OF THE PUBLIC  HEALTH  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] TITLE 25 OF ARTICLE 51 OF THE PUBLIC HEALTH LAW, each
 member of such foreign professional service  limited  liability  company
 must be licensed pursuant to [article 163 of the education law] TITLE 25
 OF  ARTICLE  51  OF  THE PUBLIC HEALTH LAW to practice psychoanalysis in
 this state. With respect  to  a  foreign  professional  service  limited
 liability  company  which provides applied behavior analysis services as
 such services are defined in [article 167 of the education law] TITLE 29
 OF ARTICLE 51 OF THE PUBLIC HEALTH LAW,  each  member  of  such  foreign
 professional  service  limited  liability  company  must  be licensed or
 certified pursuant to [article 167 of the education  law]  TITLE  29  OF
 ARTICLE  51 OF THE PUBLIC HEALTH LAW to practice applied behavior analy-
 sis in this state.
   (b) "Licensing authority" means the regents of the university  of  the
 state of New York or the state education department, as the case may be,
 in  the case of all professions licensed under title eight of the educa-
 tion law, THE DEPARTMENT OF  HEALTH  IN  THE  CASE  OF  ALL  PROFESSIONS
 S. 4007--A                         484                        A. 3007--A
 
 LICENSED  UNDER  ARTICLE  FIFTY-ONE  OF  THE  PUBLIC HEALTH LAW, and the
 appropriate appellate division of the supreme court in the case  of  the
 profession of law.
   (c)  "Profession"  includes any practice as an attorney and counselor-
 at-law, or as a licensed physician, and those professions designated  in
 title  eight  of  the  education  law OR ARTICLE FIFTY-ONE OF THE PUBLIC
 HEALTH LAW.
   (f) "Professional partnership" means (1) a partnership without limited
 partners each of whose partners is a professional authorized by  law  to
 render a professional service within this state, (2) a partnership with-
 out  limited partners each of whose partners is a professional, at least
 one of whom is authorized by law to render a professional service within
 this state or (3) a partnership without limited partners authorized  by,
 or  holding a license, certificate, registration or permit issued by the
 licensing authority pursuant to the education law to  render  a  profes-
 sional  service within this state; except that all partners of a profes-
 sional partnership that provides medical services in this state must  be
 licensed pursuant to [article 131 of the education law] TITLE 2 OF ARTI-
 CLE  51  OF THE PUBLIC HEALTH LAW to practice medicine in this state and
 all partners of a professional partnership that provides dental services
 in this state must be licensed pursuant to [article 133 of the education
 law] TITLE 7 OF ARTICLE 51 OF THE PUBLIC HEALTH LAW to practice  dentis-
 try  in  this state; except that all partners of a professional partner-
 ship that provides veterinary services in this state  must  be  licensed
 pursuant  to  article  135  of  the education law to practice veterinary
 medicine in this state; and  further  except  that  all  partners  of  a
 professional  partnership  that  provides professional engineering, land
 surveying,  geologic,  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.
   § 8. The tenth, twelfth, fourteenth, and sixteenth undesignated  para-
 graphs  of  section  2  of the partnership law,  the tenth, twelfth, and
 sixteenth undesignated paragraphs as added by chapter 576 of the laws of
 1994, and the fourteenth undesignated paragraph as  amended  by  chapter
 475 of the laws of 2014, are amended to read as follows:
   "Licensing authority" means the regents of the university of the state
 of  New  York  or the state education department, as the case may be, in
 the case of all professions licensed under title eight of the  education
 law,  THE  DEPARTMENT  OF HEALTH IN THE CASE OF ALL PROFESSIONS LICENSED
 UNDER ARTICLE FIFTY-ONE OF THE PUBLIC HEALTH  LAW  and  the  appropriate
 appellate division of the supreme court in the case of the profession of
 law.
   "Profession"  includes  any practice as an attorney and counsellor-at-
 law or as a licensed physician,  and  those  professions  designated  in
 title  eight  of  the  education  law OR ARTICLE FIFTY-ONE OF THE PUBLIC
 HEALTH LAW.
   "Professional partnership" means (1)  a  partnership  without  limited
 partners  each  of whose partners is a professional authorized by law to
 render a professional service within this state, (2) a partnership with-
 out limited partners each of whose partners is a professional, at  least
 one of whom is authorized by law to render a professional service within
 this  state or (3) a partnership without limited partners authorized by,
 or holding a license, certificate, registration or permit issued by  the
 licensing  authority  pursuant  to the education law to render a profes-
 sional service within this state; except that all partners of a  profes-
 S. 4007--A                         485                        A. 3007--A
 
 sional  partnership that provides medical services in this state must be
 licensed pursuant to [article 131 of the education law] TITLE 2 OF ARTI-
 CLE 51 OF THE PUBLIC HEALTH LAW to practice medicine in this  state  and
 all partners of a professional partnership that provides dental services
 in this state must be licensed pursuant to [article 133 of the education
 law]  TITLE 7 OF ARTICLE 51 OF THE PUBLIC HEALTH LAW to practice dentis-
 try in this state; and further except that all  partners  of  a  profes-
 sional  partnership that provides professional engineering, land survey-
 ing, geologic, 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.
   "Professional  service  corporation" means (i) a corporation organized
 under article fifteen of the business corporation law and (ii) any other
 corporation organized under the business corporation law or  any  prede-
 cessor statute, which is authorized by, or holds a license, certificate,
 registration  or  permit  issued by, the licensing authority pursuant to
 the education law OR  THE  PUBLIC  HEALTH  LAW  to  render  professional
 services within this state.
   §  9.  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] TITLE 2 OF ARTICLE 51 OF THE PUBLIC
 HEALTH 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 [article 133 of  the
 education  law]  TITLE 7 OF ARTICLE 51 OF THE PUBLIC HEALTH LAW to prac-
 tice dentistry in this state.   Each partner  of  a  registered  limited
 liability  partnership  formed  to  provide  veterinary services in this
 state must be licensed pursuant to article 135 of the education  law  to
 practice veterinary medicine in this state. Each partner of a registered
 limited  liability  partnership formed to provide professional engineer-
 ing, land surveying, geological services, architectural and/or landscape
 architectural services in this state must be licensed pursuant to  arti-
 cle 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 regis-
 tered 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] TITLE 18 OF ARTICLE 51 OF THE PUBLIC HEALTH
 LAW to practice clinical social work in this state. Each  partner  of  a
 registered limited liability partnership formed to provide creative arts
 therapy services in this state must be licensed pursuant to [article 163
 of the education law] TITLE 25 OF ARTICLE 51 OF THE PUBLIC HEALTH LAW to
 practice  creative  arts therapy in this state. Each partner of a regis-
 tered limited liability partnership formed to provide marriage and fami-
 ly therapy services in this state must be licensed pursuant to  [article
 163  of  the  education law] TITLE 25 OF ARTICLE 51 OF THE PUBLIC HEALTH
 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] TITLE 25 OF ARTICLE 51 OF THE PUBLIC
 HEALTH 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
 S. 4007--A                         486                        A. 3007--A
 
 [article  163 of the education law] TITLE 25 OF ARTICLE 51 OF THE PUBLIC
 HEALTH LAW to practice psychoanalysis in this state. Each partner  of  a
 registered  limited  liability  partnership  formed  to  provide applied
 behavior  analysis  service  in this state must be licensed or certified
 pursuant to [article 167 of the education law] TITLE 29 OF ARTICLE 51 OF
 THE PUBLIC HEALTH LAW to practice  applied  behavior  analysis  in  this
 state.
   §  10.  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] TITLE 2 OF ARTICLE 51 OF THE PUBLIC
 HEALTH 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]  TITLE 7 OF ARTICLE 51 OF THE PUBLIC HEALTH LAW to practice dentis-
 try in this state. Each partner of a foreign limited liability  partner-
 ship  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  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.  Each partner of a foreign limited liability partner-
 ship which provides licensed clinical social work services in this state
 must be licensed pursuant to [article 154 of the education law] TITLE 18
 OF ARTICLE 51 OF THE PUBLIC HEALTH 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] TITLE 25
 OF ARTICLE 51 OF THE PUBLIC HEALTH LAW to practice creative arts therapy
 in  this  state. Each partner of a foreign limited liability partnership
 which provides marriage and family therapy services in this  state  must
 be  licensed  pursuant to [article 163 of the education law] TITLE 25 OF
 ARTICLE 51 OF THE PUBLIC HEALTH LAW  to  practice  marriage  and  family
 therapy in this state. Each partner of a foreign limited liability part-
 nership  which  provides mental health counseling services in this state
 must be licensed pursuant to [article 163 of the education law] TITLE 25
 OF ARTICLE 51 OF THE PUBLIC HEALTH LAW to practice mental  health  coun-
 seling  in this state. Each partner of a foreign limited liability part-
 nership which provides psychoanalysis services in  this  state  must  be
 licensed  pursuant  to  [article  163  of the education law] TITLE 25 OF
 ARTICLE 51 OF THE PUBLIC HEALTH 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]
 TITLE 29 OF ARTICLE 51 OF THE PUBLIC  HEALTH  LAW  to  practice  applied
 behavior analysis in this state.
   §  11.  Section 24-a of the corrections law, as amended by chapter 322
 of the laws of 2021, is amended to read as follows:
   § 24-a. Actions against persons rendering health care services at  the
 request  of  the department; defense and indemnification. The provisions
 of section seventeen of the public  officers  law  shall  apply  to  any
 person  holding  a license to practice a profession pursuant to [article
 S. 4007--A                         487                        A. 3007--A

 one hundred thirty-one, one hundred thirty-one-B,  one  hundred  thirty-
 two, one hundred thirty-three, one hundred thirty-six, one hundred thir-
 ty-seven,  one  hundred  thirty-nine, one hundred forty-one, one hundred
 forty-three,  one  hundred  fifty-six  or  one hundred fifty-nine of the
 education law] TITLES TWO, FOUR, SIX, SEVEN, NINE,  TEN,  TWELVE,  FOUR-
 TEEN, FIFTEEN, TWENTY, AND TWENTY-TWO OF ARTICLE FIFTY-ONE OF THE PUBLIC
 HEALTH  LAW,  who  is  rendering  or  has rendered professional services
 authorized under such license while acting at the request of the depart-
 ment or a facility of the department in providing health care and treat-
 ment or professional consultation to incarcerated individuals  of  state
 correctional facilities, or to the infant children of incarcerated indi-
 viduals  while such infants are cared for in facility nurseries pursuant
 to section six hundred eleven of this chapter, without regard to whether
 such health care and treatment or professional consultation is  provided
 within or without a correctional facility.
   §  12.  Section 910 of the education law, as amended by chapter 477 of
 the laws of 2004, is amended to read as follows:
   § 910. Choice  of  method  of  treatment.  Whenever  affected  by  the
 requirements  of  this article, the school employee so affected, and, in
 the case of a child, the parent of, or person in parental  relation  to,
 such  child,  shall  have  the  right to determine the form or manner of
 treatment or remedial care to be prescribed or applied, but  the  treat-
 ment  or  remedial  care must be in accordance with and as allowed under
 the provisions of [article one hundred thirty-one of this chapter] TITLE
 TWO OF ARTICLE FIFTY-ONE OF THE PUBLIC HEALTH LAW.
   § 13. Section 522 of the executive law, as added by chapter 552 of the
 laws of 1993, is amended to read as follows:
   § 522. Actions against persons rendering health care services  at  the
 request  of the division; defense and indemnification. The provisions of
 section seventeen of the public officers law shall apply to  any  person
 holding  a  license  to  practice  a profession pursuant to [article one
 hundred thirty-one, one hundred thirty-one-B,  one  hundred  thirty-two,
 one  hundred  thirty-three,  one hundred thirty-six, one hundred thirty-
 seven, one hundred  thirty-nine,  one  hundred  forty-one,  one  hundred
 forty-three,  one  hundred  fifty-six  or  one hundred fifty-nine of the
 education law] TITLES TWO, FOUR, SIX, SEVEN, NINE,  TEN,  TWELVE,  FOUR-
 TEEN, FIFTEEN, TWENTY, AND TWENTY-TWO OF ARTICLE FIFTY-ONE OF THE PUBLIC
 HEALTH  LAW,  who  is  rendering  or  has rendered professional services
 authorized under such license while acting at the request of  the  divi-
 sion  or  a facility of the division in providing health care and treat-
 ment or professional consultation to residents of  division  facilities,
 or  to infants of residents while such infants are cared for in division
 facilities pursuant to section five hundred sixteen  of  this  [article]
 SUBTITLE,  without  regard  to whether such health care and treatment or
 professional consultation is  provided  within  or  without  a  division
 facility.
   §  14.  Paragraph  4 of subdivision (a) of section 33.16 of the mental
 hygiene law, as amended by chapter 226 of the laws of 1991,  is  amended
 to read as follows:
   4. "Mental  health  practitioner"  or  "practitioner"  means  a person
 employed by or rendering a service at a facility maintaining  the  clin-
 ical record licensed under [article one hundred thirty-one of the educa-
 tion  law]  TITLE  TWO OF ARTICLE FIFTY-ONE OF THE PUBLIC HEALTH LAW who
 practices psychiatry or a person licensed  under  [article  one  hundred
 thirty-nine,  one  hundred  fifty-three or one hundred fifty-four of the
 education law] TITLES TWELVE, SEVENTEEN, OR EIGHTEEN OF  ARTICLE  FIFTY-
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 ONE  OF  THE PUBLIC HEALTH LAW or any other person not prohibited by law
 from providing mental health or developmental disabilities services.
   §  15. Section 14 of the public health law, as amended by chapter 2 of
 the laws of 1998, is amended to read as follows:
   § 14. Actions against persons rendering professional services  at  the
 request  of  the department; defense and indemnification. The provisions
 of section seventeen of the public  officers  law  shall  apply  to  any
 physician,  dentist, nurse or other health care professional who: (i) is
 licensed to practice pursuant to [article one  hundred  thirty-one,  one
 hundred  thirty-one-B, one hundred thirty-three, one hundred thirty-six,
 one hundred thirty-seven, one hundred thirty-nine,  one  hundred  forty-
 three,  one  hundred  fifty-six,  one  hundred  fifty-seven, one hundred
 fifty-nine or one hundred sixty-four of the education law]  TITLES  TWO,
 FOUR,  SIX, SEVEN, NINE, TEN, TWELVE, FIFTEEN, TWENTY, TWENTY-ONE, TWEN-
 TY-TWO AND TWENTY-SIX OF ARTICLE FIFTY-ONE OF THIS CHAPTER  and  who  is
 rendering  professional  treatment  or  consultation  in connection with
 professional treatment authorized under such license at the  request  of
 the  department, or at a departmental facility, including clinical prac-
 tice provided pursuant to a clinical practice plan established  pursuant
 to  subdivision  fourteen of section two hundred six of this chapter, to
 patients receiving care or professional consultation from the department
 while rendering such professional treatment  or  consultation;  (ii)  is
 rendering  consultation in connection with an audit or prepayment review
 of claims or treatment requests under the medical assistance program; or
 (iii) assists the department as consultants or expert witnesses  in  the
 investigation  or  prosecution  of alleged violations of article twenty-
 eight, thirty-six, forty-four or forty-seven of this  chapter  or  rules
 and regulations adopted pursuant thereto.
   §  16.  Paragraph  (d)  of  subdivision  1 of section 18 of the public
 health law, as added by chapter 497 of the laws of 1986, is  amended  to
 read as follows:
   (d)  "Health  care  practitioner"  or  "practitioner"  means  a person
 licensed  under   [article   one   hundred   thirty-one,   one   hundred
 thirty-one-B,  one  hundred  thirty-two,  one  hundred thirty-three, one
 hundred thirty-six, one hundred thirty-nine, one hundred forty-one,  one
 hundred  forty-three,  one  hundred forty-four, one hundred fifty-three,
 one hundred fifty-four, one hundred fifty-six or one hundred  fifty-nine
 of  the education law] TITLES TWO, FOUR, SIX, SEVEN, NINE, TWELVE, FOUR-
 TEEN, FIFTEEN, SIXTEEN, SEVENTEEN, EIGHTEEN, TWENTY, AND  TWENTY-TWO  OF
 ARTICLE  FIFTY-ONE  OF  THIS  CHAPTER or a person certified under FORMER
 section twenty-five hundred sixty of this chapter.
   § 17. The opening paragraph of subdivision 1  of  section  19  of  the
 public  health  law,  as  added  by  chapter 572 of the laws of 1990, is
 amended to read as follows:
   No physician licensed under [article one  hundred  thirty-one  of  the
 education  law]  TITLE  TWO  OF  ARTICLE FIFTY-ONE OF THIS CHAPTER shall
 charge from a beneficiary of health insurance under title XVIII  of  the
 federal  social  security  act  (medicare)  any  amount in excess of the
 following limitations:
   § 18. Subdivisions 1 and 9-b, clause 2 of subparagraph (ii)  of  para-
 graph (h) and paragraph (p) of subdivision 10, paragraph (a) of subdivi-
 sion  11, paragraphs (a) and (b) of subdivision 13, and paragraph (c) of
 subdivision 17 of section 230 of the public health law, subdivision 1 as
 amended by chapter 537 of the laws of 1998,  subdivision 9-b as  amended
 by  chapter  11  of  the  laws of 2015, clause 2 of subparagraph (ii) of
 paragraph (h) of subdivision 10 as amended by chapter 477 of the laws of
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 2008, paragraph (p) of subdivision 10 as amended by chapter 599  of  the
 laws  of 1996, paragraph (a) of subdivision 11 as amended by chapter 627
 of the laws of 1996, paragraphs (a) and (b) of subdivision 13  as  added
 by  and paragraph (c) of subdivision 17 as amended by chapter 606 of the
 laws of 1991, are amended to read as follows:
   1. A state board for professional medical conduct is hereby created in
 the department in matters  of  professional  misconduct  as  defined  in
 sections  sixty-five hundred thirty and sixty-five hundred thirty-one of
 [the education  law]  THIS  CHAPTER.  Its  physician  members  shall  be
 appointed by the commissioner at least eighty-five percent of whom shall
 be  from among nominations submitted by the medical society of the state
 of New York, the New York state osteopathic society, the New York acade-
 my of medicine, county medical societies, statewide specialty  societies
 recognized by the council of medical specialty societies, and the hospi-
 tal association of New York state. Its lay members shall be appointed by
 the commissioner with the approval of the governor. The board of regents
 shall  also appoint twenty percent of the members of the board. Not less
 than sixty-seven percent of  the  members  appointed  by  the  board  of
 regents  shall  be  physicians. Not less than eighty-five percent of the
 physician members appointed by the board of regents shall be from  among
 nominations  submitted  by the medical society of the state of New York,
 the New York state osteopathic society, the New York  academy  of  medi-
 cine,  county  medical societies, statewide medical societies recognized
 by the council of medical specialty societies, and the hospital  associ-
 ation  of  New York state. Any failure to meet the percentage thresholds
 stated in this subdivision shall not be  grounds  for  invalidating  any
 action  by or on authority of the board for professional medical conduct
 or a committee or a member thereof. The board for  professional  medical
 conduct  shall consist of not fewer than eighteen physicians licensed in
 the state for at least five years, two  of  whom  shall  be  doctors  of
 osteopathy,  not fewer than two of whom shall be physicians who dedicate
 a significant portion of their practice to the use  of  non-conventional
 medical  treatments who may be nominated by New York state medical asso-
 ciations dedicated to the advancement of such treatments, at  least  one
 of  whom  shall  have  expertise  in palliative care, and not fewer than
 seven lay members. An executive secretary  shall  be  appointed  by  the
 chairperson  and shall be a licensed physician. Such executive secretary
 shall not be a member of the board, shall hold office  at  the  pleasure
 of,  and shall have the powers and duties assigned and the annual salary
 fixed by, the chairperson. The chairperson shall also assign such secre-
 taries or other persons to the board as are necessary.
   9-b. Neither the board for professional medical conduct nor the office
 of professional medical conduct shall charge a licensee with  misconduct
 as  defined in sections sixty-five hundred thirty and sixty-five hundred
 thirty-one of [the education law] THIS CHAPTER, or cause a  report  made
 to  the  director of such office to be investigated beyond a preliminary
 review as set forth in clause (A) of subparagraph (i) of  paragraph  (a)
 of  subdivision  ten of this section, where such report is determined to
 be based solely upon the recommendation  or  provision  of  a  treatment
 modality   to  a  particular  patient  by  such  licensee  that  is  not
 universally accepted by the medical profession, including but not limit-
 ed to, varying modalities used in the  treatment  of  Lyme  disease  and
 other  tick-borne diseases.   When a licensee, acting in accordance with
 paragraph e of subdivision four of section  sixty-five  hundred  twenty-
 seven  of  [the  education  law]  THIS CHAPTER, recommends or provides a
 treatment modality that effectively treats human disease, pain,  injury,
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 deformity  or  physical  condition  for which the licensee is treating a
 patient, the recommendation or provision of that modality to  a  partic-
 ular  patient  shall not, by itself, constitute professional misconduct.
 The  licensee shall otherwise abide by all other applicable professional
 requirements.
   (2) make arrangements for the transfer and maintenance of the  medical
 records  of  his  or her former patients. Records shall be either trans-
 ferred to the licensee's former patients consistent with the  provisions
 of  sections seventeen and eighteen of this chapter or to another physi-
 cian or health care practitioner as  provided  in  clause  (1)  of  this
 subparagraph  who  shall  expressly assume responsibility for their care
 and maintenance and for providing access to such records, as provided in
 subdivisions twenty-two and thirty-two  of  section  sixty-five  hundred
 thirty  of  [the education law] THIS CHAPTER, the rules of the [board of
 regents] DEPARTMENT or the regulations of the  commissioner  of  [educa-
 tion]  HEALTH  and sections seventeen and eighteen of this chapter. When
 records are not transferred to the  licensee's  former  patients  or  to
 another  physician  or  health  care  practitioner,  the  licensee whose
 license has been revoked, annulled, surrendered, suspended or restricted
 shall remain responsible for the care and  maintenance  of  the  medical
 records of his or her former patients and shall be subject to additional
 proceedings pursuant to subdivisions twenty-two, thirty-two and forty of
 section sixty-five hundred thirty of [the education law] THIS CHAPTER in
 the  event  that the licensee fails to maintain those medical records or
 fails to make them available to a former patient.
   (p) Convictions of crimes or administrative violations.  In  cases  of
 professional  misconduct  based  solely  upon a violation of subdivision
 nine of section sixty-five hundred thirty of [the  education  law]  THIS
 CHAPTER, the director may direct that charges be prepared and served and
 may  refer  the  matter  to  a committee on professional conduct for its
 review and report of findings, conclusions as  to  guilt,  and  determi-
 nation. In such cases, the notice of hearing shall state that the licen-
 see  shall  file a written answer to each of the charges and allegations
 in the statement of charges no later than ten days prior to the hearing,
 and that any charge or allegation not so answered shall be deemed admit-
 ted, that the licensee may wish to seek the advice of counsel  prior  to
 filing  such  answer  that  the licensee may file a brief and affidavits
 with the committee on professional conduct, that the licensee may appear
 personally before the committee on professional conduct, may be  repres-
 ented  by  counsel and may present evidence or sworn testimony in his or
 her behalf, and the notice may contain such other information as may  be
 considered  appropriate by the director. The department may also present
 evidence or sworn testimony and file a brief at the  hearing.  A  steno-
 graphic  record  of  the  hearing  shall be made. Such evidence or sworn
 testimony offered to the committee  on  professional  conduct  shall  be
 strictly  limited  to  evidence and testimony relating to the nature and
 severity of the penalty to be  imposed  upon  the  licensee.  Where  the
 charges  are based on the conviction of state law crimes in other juris-
 dictions, evidence may be offered to the committee which would show that
 the conviction would not be a crime in New York state. The committee  on
 professional  conduct may reasonably limit the number of witnesses whose
 testimony will be received and the length of time any  witness  will  be
 permitted to testify. The determination of the committee shall be served
 upon  the  licensee and the department in accordance with the provisions
 of paragraph (h) of this subdivision. A determination pursuant  to  this
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 subdivision  may  be  reviewed  by  the  administrative review board for
 professional medical conduct.
   (a)  The  medical society of the state of New York, the New York state
 osteopathic society or any district osteopathic society,  any  statewide
 medical  specialty  society  or  organization,  and every county medical
 society, every person licensed pursuant to [articles one  hundred  thir-
 ty-one,  one hundred thirty-one-B, one hundred thirty-three, one hundred
 thirty-seven and one hundred thirty-nine of the  education  law]  TITLES
 TWO,  FOUR, SEVEN, TEN, AND TWELVE OF ARTICLE FIFTY-ONE OF THIS CHAPTER,
 and the chief executive officer, the chief of the medical staff and  the
 chairperson of each department of every institution which is established
 pursuant  to  article  twenty-eight  of this chapter and a comprehensive
 health services plan pursuant to article forty-four of this  chapter  or
 article  forty-three  of  the insurance law, shall, and any other person
 may, report to the board any  information  which  such  person,  medical
 society,  organization  institution or plan has which reasonably appears
 to show that a licensee is guilty of professional misconduct as  defined
 in  sections sixty-five hundred thirty and sixty-five hundred thirty-one
 of [the education law] THIS CHAPTER. Such reports shall remain confiden-
 tial and shall not be admitted into evidence in  any  administrative  or
 judicial  proceeding except that the board, its staff, or the members of
 its committees may begin investigations on the basis of such reports and
 may use them to develop further information.
   (a) Temporary surrender. The license and registration  of  a  licensee
 who may be temporarily incapacitated for the active practice of medicine
 and  whose  alleged incapacity has not resulted in harm to a patient may
 be  voluntarily  surrendered  to  the  board  for  professional  medical
 conduct,  which  may  accept  and hold such license during the period of
 such alleged incapacity or the board for  professional  medical  conduct
 may  accept  the surrender of such license after agreement to conditions
 to be met prior to the restoration of the license. The board shall  give
 prompt written notification of such surrender to the division of profes-
 sional licensing services of the state education department, and to each
 hospital  at  which  the  licensee  has  privileges.  The licensee whose
 license is so surrendered shall notify all patients and all persons  who
 request  medical  services  that  the licensee has temporarily withdrawn
 from the practice of medicine. The licensure status of each such  licen-
 see  shall  be  "inactive"  and  the licensee shall not be authorized to
 practice medicine. The temporary surrender shall not be deemed to be  an
 admission  of disability or of professional misconduct, and shall not be
 used as evidence of a violation of subdivision seven or eight of section
 sixty-five hundred thirty of [the education law] THIS CHAPTER unless the
 licensee practices while the license is "inactive".  Any  such  practice
 shall constitute a violation of subdivision twelve of section sixty-five
 hundred  thirty  of [the education law] THIS CHAPTER. The surrender of a
 license under this subdivision shall not  bar  any  disciplinary  action
 except  action  based solely upon the provisions of subdivision seven or
 eight of section sixty-five hundred thirty of [the education  law]  THIS
 CHAPTER  and  where no harm to a patient has resulted, and shall not bar
 any civil or criminal action or proceeding which might be brought  with-
 out  regard  to  such surrender. A surrendered license shall be restored
 upon a showing to  the  satisfaction  of  a  committee  of  professional
 conduct  of  the  state  board for professional medical conduct that the
 licensee is not  incapacitated  for  the  active  practice  of  medicine
 provided,  however,  that the committee may impose reasonable conditions
 on the licensee, if it determined that due to the nature and  extent  of
 S. 4007--A                         492                        A. 3007--A
 
 the  licensee's  former  incapacity  such  conditions  are  necessary to
 protect the health of the people. The chairperson of the committee shall
 issue a restoration order adopting the decision of the committee. Prompt
 written  notification of such restoration shall be given to the division
 of professional licensing services of the [state  education]  department
 and  to  all  hospitals  which  were  notified  of  the surrender of the
 license.
   (b) Permanent surrender. The license and registration  of  a  licensee
 who  may  be  permanently incapacitated for the active practice of medi-
 cine, and whose alleged  incapacity  has  not  resulted  in  harm  to  a
 patient,  may  be  voluntarily surrendered to the board for professional
 medical conduct. The board shall give  prompt  written  notification  of
 such surrender to the division of professional licensing services of the
 state  education  department, and to each hospital at which the licensee
 has privileges. The licensee whose license is so surrendered shall noti-
 fy all patients and all persons who request medical  services  that  the
 licensee  has  permanently withdrawn from the practice of medicine.  The
 permanent surrender shall not be deemed to be an admission of disability
 of or professional misconduct, and shall not be used as  evidence  of  a
 violation  of  subdivision  seven or eight of section sixty-five hundred
 thirty of [the education law] THIS CHAPTER. The surrender shall not  bar
 any  civil or criminal action or proceeding which might be brought with-
 out regard to such surrender. There shall be no restoration of a license
 that has been surrendered pursuant to this subdivision.
   (c) If the committee determines that reasonable cause exists as speci-
 fied in paragraph (a) of this subdivision and that there is insufficient
 evidence for the matter to constitute misconduct as defined in  sections
 sixty-five  hundred  thirty and section sixty-five hundred thirty-one of
 [the education law] THIS CHAPTER,  the  committee  may  issue  an  order
 directing  that  the  licensee's practice of medicine be monitored for a
 period specified in the order, which shall in no event exceed one  year,
 by  a  licensee  approved  by the director, which may include members of
 county medical societies or district osteopathic societies designated by
 the commissioner. The licensee responsible for monitoring  the  licensee
 shall submit regular reports to the director. If the licensee refuses to
 cooperate  with  the licensee responsible for monitoring or if the moni-
 toring licensee submits a report that the  licensee  is  not  practicing
 medicine  with  reasonable  skill and safety to his or her patients, the
 committee may refer the matter to the director for  further  proceedings
 pursuant  to  subdivision ten of this section. An order pursuant to this
 paragraph shall be kept confidential and shall not be subject to discov-
 ery or subpoena, unless the licensee refuses to comply with the order.
   § 19. Paragraph (i) of subdivision 1 of section 230-d  of  the  public
 health law, as amended by chapter 438 of the laws of 2012, is amended to
 read as follows:
   (i)  "Licensee" shall mean an individual licensed or otherwise author-
 ized under article one hundred  thirty-one,  one  hundred  thirty-one-B,
 individuals  who  have  obtained  an  issuance of a privilege to perform
 podiatric standard or advanced ankle surgery  pursuant  to  subdivisions
 one  and  two of section seven thousand nine of [the education law] THIS
 CHAPTER.
   § 20. Subdivision 5 of section 230-d of  the  public  health  law,  as
 added by chapter 365 of the laws of 2007, is amended to read as follows:
   5.  The  commissioner  shall  make, adopt, promulgate and enforce such
 rules and regulations, as he or she may deem appropriate, to  effectuate
 the  purposes  of  this section. Where any rule or regulation under this
 S. 4007--A                         493                        A. 3007--A
 
 section would affect the scope of practice of a health care practitioner
 licensed, registered or certified under title eight of the education law
 other than those licensed under [articles one hundred thirty-one or  one
 hundred  thirty-one-B  of  the  education law] ARTICLE FIFTY-ONE OF THIS
 CHAPTER, the rule or regulation shall be made with  the  concurrence  of
 the commissioner of education.
   §  21.  Paragraph  (a)  of  subdivision 3 of section 260 of the public
 health law, as amended by chapter 84 of the laws of 2006, is amended  to
 read as follows:
   (a)  is  licensed, or exempt from licensure, pursuant to [articles one
 hundred thirty-one, one hundred thirty-one-B,  one  hundred  thirty-two,
 one  hundred  thirty-three,  one hundred thirty-six, one hundred thirty-
 seven, one hundred thirty-nine, one hundred forty,  one  hundred  forty-
 one,  one  hundred  forty-three,  one  hundred  forty-four,  one hundred
 fifty-three, one hundred fifty-four, one hundred fifty-five, one hundred
 fifty-six, one hundred fifty-seven, one hundred fifty-nine, one  hundred
 sixty, one hundred sixty-two, or one hundred sixty-four of the education
 law]  TITLES  TWO,  FOUR, SIX, SEVEN, NINE, TEN, TWELVE, THIRTEEN, FOUR-
 TEEN, FIFTEEN, SIXTEEN, SEVENTEEN, EIGHTEEN, NINETEEN, TWENTY AND  TWEN-
 TY-SIX OF ARTICLE FIFTY-ONE OF THIS CHAPTER;
   §  22.  Subdivision  1  of  section  462  of the public health law, as
 amended by chapter 562 of the laws  of  2001,  is  amended  to  read  as
 follows:
   1. This article shall not apply to or affect a physician duly licensed
 under [article one hundred thirty-one of the education law] TITLE TWO OF
 ARTICLE FIFTY-ONE OF THIS CHAPTER or x-ray technicians.
   §  23. Subdivision 2 of section 470 of the public health law, as added
 by chapter 514 of the laws of 2004, is amended to read as follows:
   2. No person shall  perform  a  tongue-splitting  on  another  person,
 unless  the person performing such tongue-splitting is licensed to prac-
 tice medicine pursuant to [article one hundred thirty-one of the  educa-
 tion  law] TITLE TWO OF ARTICLE FIFTY-ONE OF THIS CHAPTER or licensed to
 practice dentistry pursuant to [article one hundred thirty-three of  the
 education law] TITLE SEVEN OF ARTICLE FIFTY-ONE OF THIS CHAPTER.
   §  24.  Section 2509-c of the public health law, as added by section 5
 of subpart A of part JJ of chapter 56 of the laws of 2021, is amended to
 read as follows:
   § 2509-c. Availability  of  adverse  childhood  experiences  services.
 Every  pediatrics health care provider licensed pursuant to [article one
 hundred thirty-one of the education law] TITLE TWO OF ARTICLE  FIFTY-ONE
 OF  THIS  CHAPTER  shall  be  required  to provide the parent, guardian,
 custodian or other authorized individual of a child that  the  pediatri-
 cian  sees in their official capacity, with educational materials devel-
 oped pursuant to subdivision two of section three hundred  seventy-c  of
 the  social  services law. Such materials may be provided electronically
 and shall be used to inform and educate  them  about  adverse  childhood
 experiences,  the  importance of protective factors and the availability
 of services for children at risk for or experiencing  adverse  childhood
 experiences.
   §  25.  Subdivision  17  of  section 2511 of the public health law, as
 added by chapter 2 of the laws of 1998, is amended to read as follows:
   17. The commissioner, in  consultation  with  the  superintendent,  is
 authorized  to  establish and operate a child health information service
 which shall utilize advanced telecommunications technologies to meet the
 health information and support needs of children,  parents  and  medical
 professionals,  which  shall  include,  but not be limited to, treatment
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 guidelines for children,  treatment  protocols,  research  articles  and
 standards  for the care of children from birth through eighteen years of
 age. Such information shall not constitute the practice of medicine,  as
 defined  in  [article one hundred thirty-one of the education law] TITLE
 TWO OF ARTICLE FIFTY-ONE OF  THIS CHAPTER.
   § 26. Paragraphs (a), (b), (c), (d), (e), (f),  (g),  (h),  (i),  (j),
 (k),  (l), (m) and (y) of subdivision 2 of section 2999-cc of the public
 health law, paragraphs (a), (b), (c), (d), (e), (f), (g), (h), (i), (j),
 (k), and (l) as amended and paragraph (m) as added by chapter 454 of the
 laws of 2015, and paragraph (y) as amended by section 1  of  part  V  of
 chapter 57 of the laws of 2022, are amended to read as follows:
   (a)  a  physician licensed pursuant to [article one hundred thirty-one
 of the education law] TITLE TWO OF ARTICLE FIFTY-ONE OF  THIS CHAPTER;
   (b) a physician assistant licensed pursuant to  [article  one  hundred
 thirty-one-B  of  the  education law] TITLE FOUR OF ARTICLE FIFTY-ONE OF
 THIS CHAPTER;
   (c) a dentist licensed pursuant to [article one  hundred  thirty-three
 of the education law] TITLE SEVEN OF ARTICLE FIFTY-ONE OF  THIS CHAPTER;
   (d)  a  nurse  practitioner  licensed pursuant to [article one hundred
 thirty-nine of the education law] TITLE TWELVE OF ARTICLE  FIFTY-ONE  OF
 THIS CHAPTER;
   (e)  a registered professional nurse licensed pursuant to [article one
 hundred thirty-nine of  the  education  law]  TITLE  TWELVE  OF  ARTICLE
 FIFTY-ONE  OF    THIS CHAPTER only when such nurse is receiving patient-
 specific health information or medical data at a distant site  by  means
 of remote patient monitoring;
   (f)  a  podiatrist licensed pursuant to [article one hundred forty-one
 of the education law] TITLE FOURTEEN OF ARTICLE FIFTY-ONE OF THIS  CHAP-
 TER;
   (g)  an  optometrist  licensed pursuant to [article one hundred forty-
 three of the education law] TITLE FIFTEEN OF ARTICLE FIFTY-ONE OF   THIS
 CHAPTER;
   (h)  a  psychologist  licensed pursuant to [article one hundred fifty-
 three of the education law] TITLE  SEVENTEEN  OF  ARTICLE  FIFTY-ONE  OF
 THIS CHAPTER;
   (i)  a  social worker licensed pursuant to [article one hundred fifty-
 four of the education law] TITLE EIGHTEEN OF ARTICLE FIFTY-ONE  OF  THIS
 CHAPTER;
   (j)  a speech language pathologist or audiologist licensed pursuant to
 [article one hundred fifty-nine of the education law]  TITLE  TWENTY-TWO
 OF ARTICLE FIFTY-ONE OF  THIS CHAPTER;
   (k)  a  midwife licensed pursuant to [article one hundred forty of the
 education law]  TITLE THIRTEEN OF ARTICLE FIFTY-ONE OF  THIS CHAPTER;
   (l) a physical therapist licensed pursuant  to  [article  one  hundred
 thirty-six  of  the  education  law]  TITLE NINE OF ARTICLE FIFTY-ONE OF
 THIS CHAPTER;
   (m) an  occupational  therapist  licensed  pursuant  to  [article  one
 hundred  fifty-six  of the education law] TITLE TWENTY OF ARTICLE FIFTY-
 ONE OF  THIS CHAPTER;
   (y) a mental health practitioner licensed  pursuant  to  [article  one
 hundred  sixty-three  of the education law] TITLE TWENTY-FIVE OF ARTICLE
 FIFTY-ONE OF THIS CHAPTER; and
   § 27. Subdivision 7 of section 2999-cc of the public  health  law,  as
 amended by section 3 of subpart C of part S of chapter 57 of the laws of
 2018, is amended to read as follows:
 S. 4007--A                         495                        A. 3007--A
 
   7.  "Remote  patient monitoring" means the use of synchronous or asyn-
 chronous  electronic  information  and  communication  technologies   to
 collect  personal  health information and medical data from a patient at
 an originating site that is transmitted to a telehealth  provider  at  a
 distant  site  for use in the treatment and management of medical condi-
 tions that require frequent monitoring. Such  technologies  may  include
 additional  interaction  triggered  by  previous  transmissions, such as
 interactive queries conducted through communication technologies  or  by
 telephone. Such conditions shall include, but not be limited to, conges-
 tive  heart  failure,  diabetes,  chronic obstructive pulmonary disease,
 wound care, polypharmacy, mental or behavioral problems,  and  technolo-
 gy-dependent  care  such  as  continuous  oxygen, ventilator care, total
 parenteral nutrition or enteral feeding. Remote patient monitoring shall
 be ordered by a physician licensed  pursuant  to  [article  one  hundred
 thirty-one  of the education law] TITLE TWO OF ARTICLE FIFTY-ONE OF THIS
 CHAPTER, a nurse practitioner licensed pursuant to [article one  hundred
 thirty-nine  of  the education law] TITLE TWELVE OF ARTICLE FIFTY-ONE OF
 THIS CHAPTER, or a midwife licensed pursuant  to  [article  one  hundred
 forty  of the education law] TITLE THIRTEEN OF ARTICLE FIFTY-ONE OF THIS
 CHAPTER, with which the patient has a substantial and ongoing  relation-
 ship.
   § 28. The opening paragraph of paragraph c of subdivision 1 and subdi-
 vision  4  of section 3383 of the public health law, as added by chapter
 494 of the laws of 1982, are amended to read as follows:
   "Imitation controlled substance" means a substance, other than a  drug
 for  which  a  prescription is required pursuant to [article one hundred
 thirty-seven of the education law] TITLE TEN  OF  ARTICLE  FIFTY-ONE  OF
 THIS  CHAPTER,  that is not a controlled substance, which by dosage unit
 appearance, including color, shape and size and by a  representation  is
 represented  to  be a controlled substance, as defined in the penal law.
 Evidence of representations that the substance is a controlled substance
 may include but is not limited to oral or written representations by the
 manufacturer or seller, as the case may be,  about  the  substance  with
 regard to:
   4.  No  liability  shall  be  imposed by virtue of this section on any
 person licensed pursuant to  [article  one  hundred  thirty-one  of  the
 education  law]  TITLE  TWO  OF  ARTICLE  FIFTY-ONE  OF  THIS CHAPTER or
 licensed under this article who manufactures, [distributed] DISTRIBUTES,
 sells,  prescribes,  dispenses  or  possesses  an  imitation  controlled
 substance for use as a placebo or for use in clinical research conducted
 pursuant to the federal food, drug and cosmetic act.
   §  29. Section 3700 of the public health law, as amended by chapter 48
 of the laws of 2012, is amended to read as follows:
   § 3700. Definitions. As used in this article:
   1. Physician assistant. The term "physician assistant" means a  person
 who  is licensed as a physician assistant pursuant to section sixty-five
 hundred forty-one of the [education] PUBLIC HEALTH law.
   2. Physician. The term "physician" means a  practitioner  of  medicine
 licensed  to  practice medicine pursuant to [article one hundred thirty-
 one of the education  law]  TITLE  TWO  OF  ARTICLE  FIFTY-ONE  OF  THIS
 CHAPTER.
   3.  Hospital.  The  term  "hospital"  means an institution or facility
 possessing a valid operating  certificate  issued  pursuant  to  article
 twenty-eight  of this chapter and authorized to employ physician assist-
 ants in accordance with rules and regulations of the public  health  and
 health planning council.
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   4.  Approved  program. The term "approved program" means a program for
 the education of physician assistants which has been  formally  approved
 by the [education] department.
   §  30. Section 3710 of the public health law, as amended by chapter 48
 of the laws of 2012, is amended to read as follows:
   § 3710. Definitions. As used in this article:
   1. Specialist assistant.  The  term  "specialist  assistant"  means  a
 person  who  is registered pursuant to section sixty-five hundred forty-
 eight of the [education] PUBLIC HEALTH law as a specialist assistant for
 a particular medical speciality as defined by regulations promulgated by
 the commissioner pursuant to section thirty-seven hundred eleven of this
 article.
   2. Physician. The term "physician" means a  practitioner  of  medicine
 licensed  to  practice medicine pursuant to [article one hundred thirty-
 one of the education  law]  TITLE  TWO  OF  ARTICLE  FIFTY-ONE  OF  THIS
 CHAPTER.
   3.  Hospital.  The  term  "hospital"  means an institution or facility
 possessing a valid operating  certificate  issued  pursuant  to  article
 twenty-eight of this chapter and authorized to employ specialist assist-
 ants  in  accordance with rules and regulations of the public health and
 health planning council.
   4. Approved program. The term "approved program" means a  program  for
 the  education of specialist assistants which has been formally approved
 by the [education] department.
   § 31. Subdivision 2 of section 4702  of  the  public  health  law,  as
 amended  by  chapter  805  of  the  laws  of 1984, is amended to read as
 follows:
   2. "Shared health facility" or "facility" means any arrangement where-
 in four or more practitioners licensed under the provisions of  [article
 one  hundred  thirty-one,  one hundred thirty-one-a, one hundred thirty-
 two, one hundred thirty-three, one  hundred  thirty-seven,  one  hundred
 thirty-nine, one hundred forty-one, one hundred forty-three, one hundred
 forty-four,  one  hundred  fifty-six  or  one  hundred fifty-nine of the
 education law] TITLES TWO, THREE, SIX, SEVEN, TWELVE, FOURTEEN, FIFTEEN,
 SIXTEEN, TWENTY OR TWENTY-TWO OF ARTICLE FIFTY-ONE OF THIS CHAPTER,  one
 or  more  of  whom  receives  payment  under the program and whose total
 aggregate monthly remuneration from such program is in  excess  of  five
 thousand  dollars  for any one month during the preceding twelve months,
 (a) practice their professions at a common physical  location;  and  (b)
 share  (i)  common  waiting  areas,  examining rooms, treatment rooms or
 other space, or (ii) the services of supporting staff, or  (iii)  equip-
 ment; and (c) a person, whether such person is a practitioner or not, is
 in charge of, controls, manages or supervises substantial aspects of the
 arrangement  or operation for the delivery of health or medical services
 at said common physical location, other than the  direct  furnishing  of
 professional  services  by  the  practitioners  to  their patients, or a
 person makes available to the practitioners the services  of  supporting
 staff who are not employees of the practitioners.  "Shared health facil-
 ity"  does not mean or include practitioners practicing their profession
 as a partnership provided that  members  of  the  supporting  staff  are
 employees  of  such  legal  entity and if there is an office manager, or
 person with similar title, he OR SHE is an employee of the legal  entity
 whose  compensation is customary and not excessive for such services and
 there is no person described  in  paragraph  (c)  of  this  subdivision.
 "Shared  health  facility" does not mean or include any entity organized
 pursuant to the provisions of article twenty-eight of  this  chapter  or
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 operating under a certificate issued pursuant to the provisions of arti-
 cle  thirteen  of the mental hygiene law; nor shall it mean or include a
 facility wherein ambulatory medical services are provided by  an  organ-
 ized  group  of physicians pursuant to an arrangement between such group
 and a health services corporation operating under article forty-three of
 the insurance law or a health maintenance organization  operating  under
 article  forty-four  of  the  public  health  law,  and where the health
 services corporation or the health  maintenance  organization  is  reim-
 bursed  on  a  prepaid capitation basis for the provision of health care
 services under New York state's medical assistance program.
   § 32. Subdivision 12 of section 130.00 of the penal law, as  added  by
 chapter 1 of the laws of 2000, is amended to read as follows:
   12.  "Health care provider" means any person who is, or is required to
 be, licensed or registered  or  holds  himself  or  herself  out  to  be
 licensed  or  registered,  or  provides  services  as  if he or she were
 licensed or registered in  the  profession  of  medicine,  chiropractic,
 dentistry  or  podiatry under any of the following: [article one hundred
 thirty-one, one hundred thirty-two, one  hundred  thirty-three,  or  one
 hundred forty-one of the education law] TITLES TWO, SIX, SEVEN AND FOUR-
 TEEN OF ARTICLE FIFTY-ONE OF THE PUBLIC HEALTH LAW.
   §  33. Paragraph (iv) of subdivision 5 of section 1750-b of the surro-
 gate's court procedure act, as amended by chapter 198  of  the  laws  of
 2016, is amended to read as follows:
   (iv)  any  other  health  care  practitioner providing services to the
 person who is intellectually  disabled,  who  is  licensed  pursuant  to
 [article  one  hundred thirty-one, one hundred thirty-one-B, one hundred
 thirty-two,  one  hundred  thirty-three,  one  hundred  thirty-six,  one
 hundred thirty-nine, one hundred forty-one, one hundred forty-three, one
 hundred forty-four, one hundred fifty-three, one hundred fifty-four, one
 hundred  fifty-six,  one hundred fifty-nine or one hundred sixty-four of
 the education law] TITLES TWO, FOUR, SIX, SEVEN, NINE, TWELVE, FOURTEEN,
 FIFTEEN, SIXTEEN, TWENTY AND TWENTY-TWO  OF  ARTICLE  FIFTY-ONE  OF  THE
 PUBLIC HEALTH LAW; or
   §  34. Subparagraph (iii) of paragraph (d) of subdivision 1 of section
 367-a of the social services law, as amended by section 31 of part B  of
 chapter 57 of the laws of 2015, is amended to read as follows:
   (iii)  With respect to items and services provided to eligible persons
 who are also beneficiaries under part B of title XVIII  of  the  federal
 social  security  act and items and services provided to qualified medi-
 care beneficiaries under part B of title XVIII  of  the  federal  social
 security  act,  the amount payable for services covered under this title
 shall be the amount of  any  co-insurance  liability  of  such  eligible
 persons  pursuant  to  federal  law  were  they not eligible for medical
 assistance or  were  they  not  qualified  medicare  beneficiaries  with
 respect  to  such  benefits  under such part B, but shall not exceed the
 amount that otherwise would be made under this title if provided  to  an
 eligible person other than a person who is also a beneficiary under part
 B  or is a qualified medicare beneficiary minus the amount payable under
 part B; provided, however, amounts payable under this  title  for  items
 and  services  provided  to  eligible persons who are also beneficiaries
 under part B or to qualified  medicare  beneficiaries  by  an  ambulance
 service  under the authority of an operating certificate issued pursuant
 to article thirty of the public  health  law,  a  psychologist  licensed
 under  [article  one  hundred  fifty-three  of  the education law] TITLE
 SEVENTEEN OF ARTICLE FIFTY-ONE OF THE PUBLIC HEALTH LAW,  or a  facility
 under the authority of an operating certificate issued pursuant to arti-
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 cle sixteen, thirty-one or thirty-two of the mental hygiene law and with
 respect to outpatient hospital and clinic items and services provided by
 a facility under the authority of an operating certificate issued pursu-
 ant  to article twenty-eight of the public health law, shall not be less
 than the amount of any co-insurance liability of such  eligible  persons
 or  such  qualified  medicare  beneficiaries, or for which such eligible
 persons or such qualified medicare beneficiaries would be  liable  under
 federal  law  were they not eligible for medical assistance or were they
 not qualified medicare beneficiaries with respect to such benefits under
 part B.
   § 35. Subdivisions 2 and 3 of section 2999-r of the public health law,
 as amended by chapter 461 of the laws of 2012, are amended  to  read  as
 follows:
   2.  With  respect  to  the  planning, implementation, and operation of
 ACOs, the commissioner, by regulation, shall specifically delineate safe
 harbors that exempt ACOs from the application of the following statutes:
   (a) article  twenty-two  of  the  general  business  law  relating  to
 arrangements and agreements in restraint of trade;
   (b)  [article  one  hundred  thirty-one-A  of the education law] TITLE
 THREE OF ARTICLE FIFTY-ONE OF THIS  CHAPTER  relating  to  fee-splitting
 arrangements; and
   (c) title two-D of article two of this chapter relating to health care
 practitioner referrals.
   3.  For  the  purposes of this article, an ACO shall be deemed to be a
 hospital for purposes of sections twenty-eight hundred  five-j,  twenty-
 eight  hundred  five-k,  twenty-eight  hundred  five-l  and twenty-eight
 hundred five-m of this  chapter  and  subdivisions  three  and  five  of
 section  sixty-five  hundred  twenty-seven  of  [the education law] THIS
 CHAPTER.
   § 36. Paragraph (b) of subdivision 1 of section 4405-b of  the  public
 health law, as amended by chapter 542 of the laws of 2000, is amended to
 read as follows:
   (b)  An organization shall make a report to be made to the appropriate
 professional disciplinary agency within thirty days of  obtaining  know-
 ledge  of  any information that reasonably appears to show that a health
 professional is guilty of professional misconduct as defined in [article
 one hundred thirty or one hundred thirty-one-A  of  the  education  law]
 TITLE  ONE OR THREE OF ARTICLE FIFTY-ONE OF THIS CHAPTER. A violation of
 this subdivision shall not be  subject  to  the  provisions  of  section
 twelve-b of this chapter.
   §  37. Section 923 of the public health law, as added by section 23 of
 part D of chapter 56 of the laws of 2012, is amended to read as follows:
   § 923. Definitions. The following words or phrases  as  used  in  this
 section shall have the following meanings:
   1.  "Underserved  area"  means  an area or medically underserved popu-
 lation designated by the commissioner as having a  shortage  of  primary
 care  physicians, other primary care practitioners, dental practitioners
 or mental health practitioners.
   2. "Primary care service corps practitioner" means a physician assist-
 ant, nurse practitioner, midwife, general or pedodontic dentist,  dental
 hygienist,  clinical  psychologist,  licensed  clinical  social  worker,
 psychiatric nurse practitioner, licensed marriage and family  therapist,
 or  a  licensed mental health counselor, who is licensed, registered, or
 certified to practice in New York state  and  who  provides  coordinated
 primary  care  services,  including, but not limited to, oral health and
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 mental health services and meets the national health service corps state
 loan repayment program eligibility criteria.
   3.  "Physician  assistant"  means  a person who has been registered as
 such pursuant to [article one hundred thirty-one-B of the education law]
 TITLE FOUR OF ARTICLE FIFTY-ONE OF THIS CHAPTER and meets  the  national
 health service corps state loan repayment program eligibility criteria.
   4.  "Nurse practitioner" means a person who has been certified as such
 pursuant to section sixty-nine hundred ten of [the education  law]  THIS
 CHAPTER and meets the national health service corps state loan repayment
 program eligibility criteria.
   5.  "Midwife" means a person who has been licensed as such pursuant to
 section sixty-nine hundred fifty-five of [the education law] THIS  CHAP-
 TER  and  meets  the  national health service corps state loan repayment
 program eligibility criteria.
   6. "Psychologist" means a person who has been licensed as such  pursu-
 ant  to  section  seventy-six  hundred three of [the education law] THIS
 CHAPTER and meets the national health service corps state loan repayment
 program eligibility criteria.
   7. "Licensed clinical social worker"  means  a  person  who  has  been
 licensed  as  such pursuant to section seventy-seven hundred two of [the
 education law] THIS CHAPTER and meets the national health service  corps
 state loan repayment program eligibility criteria.
   8. "Psychiatric nurse practitioner" means a nurse practitioner who, by
 reason of training and experience, provides a full spectrum of psychiat-
 ric  care, assessing, diagnosing, and managing the prevention and treat-
 ment of psychiatric disorders and mental health problems and  meets  the
 national  health  service corps state loan repayment program eligibility
 criteria.
   9. "Licensed marriage and family therapist" means  a  person  who  has
 been  licensed  as such pursuant to section eighty-four hundred three of
 [the education law] THIS CHAPTER and meets the national  health  service
 corps state loan repayment program eligibility criteria.
   10.  "Licensed  mental  health  counselor" means a person who has been
 licensed as such pursuant to section eighty-four  hundred  two  of  [the
 education  law] THIS CHAPTER and meets the national health service corps
 state loan repayment program eligibility criteria.
   11. "General or pedodontic  dentist"  means  a  person  who  has  been
 licensed  or  otherwise  authorized  to  practice  dentistry pursuant to
 [article one hundred thirty-three of the education law] TITLE  SEVEN  OF
 ARTICLE  FIFTY-ONE OF THIS CHAPTER excluding orthodontists, endodontists
 and periodontists and meets the national health service corps state loan
 repayment program eligibility criteria.
   12. "Dental hygienist" means a person  who  is  licensed  to  practice
 dental hygiene pursuant to section sixty-six hundred nine of [the educa-
 tion law] THIS CHAPTER and meets the national health service corps state
 loan repayment program eligibility criteria.
   §  38.  Subdivision  3  of section 2998-e of the public health law, as
 added by chapter 365 of the laws of 2007, is amended to read as follows:
   3. The commissioner shall make, adopt,  promulgate  and  enforce  such
 rules  and regulations, as he or she may deem appropriate, to effectuate
 the purposes of this section. [Where any rule or regulation  under  this
 section would affect the scope of practice of a health care practitioner
 licensed, registered or certified under title eight of the education law
 other  than  those licensed under articles one hundred thirty-one or one
 hundred thirty-one-B of the education law, the rule or regulation  shall
 be made with the concurrence of the commissioner of education.]
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   § 39. Subdivision 3 of section 838 of the executive law, as amended by
 chapter 708 of the laws of 1983, is amended to read as follows:
   3. In addition to the foregoing provisions of this section, the county
 medical examiner or coroner shall cause a dentist authorized to practice
 pursuant  to  [article  one  hundred  thirty-three of the education law]
 TITLE FOUR OF ARTICLE FIFTY-ONE OF THE PUBLIC HEALTH  LAW  or  a  dental
 student in a registered school of dentistry in this state to carry out a
 dental  examination  of  the  deceased.  The medical examiner or coroner
 shall forward the dental examination records to the division on  a  form
 supplied by the division for that purpose.
   § 40. Subdivisions 1 and 2 of section 1394-c of the public health law,
 as  amended  by  chapter 142 of the laws of 2022, are amended to read as
 follows:
   1. Camps for children with developmental disabilities, as  defined  in
 regulations,   and  in  compliance  with  the  justice  center  for  the
 protection of people with special needs, shall be authorized  to  employ
 or  contract  with  any  of the individuals licensed under [articles one
 hundred thirty-two, one hundred thirty-six, one hundred  fifty-six,  one
 hundred fifty-nine, one hundred sixty-two and one hundred sixty-seven of
 the  education  law]  TITLES FOUR, NINE, TWENTY, TWENTY-TWO, TWENTY-FOUR
 AND TWENTY-NINE OF ARTICLE FIFTY-ONE OF THIS CHAPTER, to provide profes-
 sional services for any period during which the camp has a valid  permit
 to  operate. Individuals hired under this section shall communicate with
 the camp health director when medically necessary for the  sole  purpose
 of  providing health services that benefit campers and staff at the camp
 while the camp is in operation. In cases where the  camp  health  direc-
 tor's lawful scope of practice is more limited than that of the licensed
 professional  providing  services,  the  camp  health director shall not
 supervise the provision of such treatment, but shall be informed of such
 treatment as medically necessary to ensure the well-being of the  camper
 and staff.
   2.  All  decisions,  identification  or  coordination  of professional
 services, or other professional interactions  with  campers  and  staff,
 must  be  made  based  on the professional judgment of such licensees to
 provide professional services within his or her lawful scope of practice
 for the purpose of treating campers and staff during their attendance or
 employment at such camp, pursuant to applicable regulations [promulgated
 by the commissioner in consultation with the commissioner of education].
   § 41. Subparagraphs (iii) and (iv) of paragraph (d) of  subdivision  3
 of  section 13-c of the workers' compensation law, subparagraph (iii) as
 added by chapter 803 of the laws of 1983 and subparagraph (iv) as  added
 by chapter 649 of the laws of 1985, are amended to read as follows:
   (iii) When physical therapy care is required it shall be rendered by a
 duly  licensed  physical therapist upon the referral which may be direc-
 tive as to treatment of an authorized physician or podiatrist within the
 scope of such physical therapist's specialized training  and  qualifica-
 tions  as  defined  in  [article one hundred thirty-six of the education
 law] TITLE NINE OF ARTICLE FIFTY-ONE OF THE PUBLIC HEALTH  LAW.  Reports
 of  such  treatment  and  records  of instruction for treatment, if any,
 shall be maintained by the physical therapist and referring professional
 and submitted to the chairman on such forms and at  such  times  as  the
 chairman may require.
   (iv)  When  occupational therapy care is required it shall be rendered
 by a duly  licensed  and  registered  occupational  therapist  upon  the
 prescription  or referral of an authorized physician within the scope of
 such occupational therapist's specialized training and qualifications as
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 defined in [article one hundred fifty-six of the  education  law]  TITLE
 TWENTY  OF  ARTICLE  FIFTY-ONE OF THE PUBLIC HEALTH LAW. Reports of such
 treatment and records of instruction for treatment,  if  any,  shall  be
 maintained  by the occupational therapist and referring professional and
 submitted to the chairman on such forms and at such times as the  chair-
 man may require.
   §  42.  Subparagraphs (iii) and (iv) of paragraph (d) of subdivision 4
 of section 13-c of the workers' compensation law, as  added  by  chapter
 362 of the laws of 1986, are amended to read as follows:
   (iii) When physical therapy care is required it shall be rendered by a
 duly  licensed  physical therapist upon the referral which may be direc-
 tive as to treatment of an authorized physician or podiatrist within the
 scope of such physical therapist's specialized training  and  qualifica-
 tions  as  defined  in  [article one hundred thirty-six of the education
 law] TITLE NINE OF ARTICLE FIFTY-ONE OF THE PUBLIC HEALTH  LAW.  Reports
 of  such  treatment  and  records  of instruction for treatment, if any,
 shall be maintained by the physical therapist and referring professional
 and submitted to the chairman of such forms and at  such  times  as  the
 chairman may require.
   (iv)  When  occupational therapy care is required it shall be rendered
 by a duly  licensed  and  registered  occupational  therapist  upon  the
 prescription  or referral of an authorized physician within the scope of
 such occupational therapist's specialized training and qualifications as
 defined in [article one hundred fifty-six of the  education  law]  TITLE
 TWENTY  OF  ARTICLE  FIFTY-ONE OF THE PUBLIC HEALTH LAW. Reports of such
 treatment and records of instruction for treatment,  if  any,  shall  be
 maintained  by the occupational therapist and referring professional and
 submitted to the chairman on such forms and at such times as the  chair-
 man may require.
 Reports  of  such treatment and supervision shall be made by such physi-
 cian to the chairman on such forms and at such times as the chairman may
 require.
   § 43. Subdivision 2 of section 40 of the cannabis law  is  amended  to
 read as follows:
   2. Medical cannabis shall not be deemed to be a "drug" for purposes of
 [article  one  hundred  thirty-seven  of the education law] TITLE TEN OF
 ARTICLE FIFTY-ONE OF THE PUBLIC HEALTH LAW.
   § 44. Subdivision 25 of section 206 of the public health law, as added
 by chapter 563 of the laws of 2008, is amended to read as follows:
   25. (a) In assessing and reporting on the  impact  of  section  sixty-
 eight  hundred  one  of  [the  education  law] THIS CHAPTER, pursuant to
 subdivision four of such section the commissioner may use: (1) influenza
 vaccine supply data from the federal centers  for  disease  control  and
 prevention; (2) pneumococcal vaccine supply data provided by manufactur-
 ers  and  distributors  of such vaccine; and (3) data from a third party
 entity that engages in the collection of data and tracking of pharmaceu-
 tical sales and distribution. Manufacturers and distributors of  pneumo-
 coccal  vaccine shall provide or arrange for the timely provision to the
 commissioner of such data as the commissioner may reasonably request  to
 complete  the  report.  Provider  and  customer identifiable information
 submitted pursuant to this paragraph shall be confidential,  unless  the
 information  provider consents to its release or the commissioner deter-
 mines disclosure is necessary to respond to an  imminent  public  health
 emergency.
   (b)  Notwithstanding  the provisions of paragraph (a) of this subdivi-
 sion, the commissioner may require reporting by entities licensed pursu-
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 ant to article twenty-eight or thirty-six of  this  chapter,  pharmacies
 registered  pursuant  to [article one hundred thirty-seven of the educa-
 tion law] TITLE TEN OF ARTICLE FIFTY-ONE OF THE THIS  CHAPTER,  manufac-
 turers  and  distributors  of  adult immunizing agents doing business in
 this state, and others possessing such adult immunizing agents of  addi-
 tional  information needed to respond to an imminent public health emer-
 gency.
   § 45. Subdivisions 3 and 41 of section 3302 of the public health  law,
 as  amended  by  chapter  92 of the laws of 2021, are amended to read as
 follows:
   3. "Agent" means an authorized person who acts on behalf of or at  the
 direction of a manufacturer, distributor, or dispenser. No person may be
 authorized  to so act if under [title VIII of the education law] ARTICLE
 FIFTY-ONE OF THIS CHAPTER such person would not be permitted  to  engage
 in  such  conduct.  It  does  not  include a common or contract carrier,
 public warehouseman, or employee of the  carrier  or  warehouseman  when
 acting in the usual and lawful course of the carrier's or warehouseman's
 business.
   41. "Outsourcing facility" means a facility that:
   (a)  is  engaged  in  the  compounding  of sterile drugs as defined in
 section sixty-eight hundred two of [the education law] THIS CHAPTER;
   (b) is currently registered as an  outsourcing  facility  pursuant  to
 [article  one  hundred  thirty-seven  of the education law] TITLE TEN OF
 ARTICLE FIFTY-ONE OF THIS CHAPTER; and
   (c) complies with all applicable requirements  of  federal  and  state
 law, including the Federal Food, Drug and Cosmetic Act.
   Notwithstanding  any  other  provision of law to the contrary, when an
 outsourcing facility distributes or dispenses any  drug  to  any  person
 pursuant to a prescription, such outsourcing facility shall be deemed to
 be  providing  pharmacy services and shall be subject to all laws, rules
 and regulations governing pharmacies and pharmacy services.
   § 46. Subdivision 2 and subparagraphs (ii) and (iii) of paragraph  (a)
 of subdivision 3 of section 3309 of the public health law, as amended by
 chapter 42 of the laws of 2014, are amended to read as follows:
   2.  Notwithstanding  any inconsistent provisions of section sixty-five
 hundred twelve of [the education law] THIS CHAPTER or any other law, the
 purchase, acquisition, possession or use of an opioid antagonist  pursu-
 ant  to  this  section  shall  not constitute the unlawful practice of a
 profession or other violation under title eight of  the  education  law,
 ARTICLE FIFTY-ONE OF THIS CHAPTER, or this article.
   (ii) "Health care professional" means a person licensed, registered or
 authorized  pursuant  to  [title  eight  of  the  education law] ARTICLE
 FIFTY-ONE OF THIS CHAPTER to prescribe prescription drugs.
   (iii) "Pharmacist" means a person licensed or authorized  to  practice
 pharmacy  pursuant to [article one hundred thirty-seven of the education
 law] TITLE TEN OF ARTICLE FIFTY-ONE THIS CHAPTER.
   § 46-a. Paragraph (b) of subdivision 2 of section 3368 of  the  public
 health  law,  as  added by chapter 90 of the laws of 2014, is amended to
 read as follows:
   (b) Medical marihuana shall not be deemed to be a "drug" for  purposes
 of  [article one hundred thirty-seven of the education law] TITLE TEN OF
 ARTICLE FIFTY-ONE OF THIS CHAPTER.
   § 47. Subdivisions 1 and 4 of section 3381 of the public  health  law,
 as  amended  by  chapter 433 of the laws of 2021, are amended to read as
 follows:
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   1. It shall be unlawful for any person to sell or furnish  to  another
 person or persons, a hypodermic syringe or hypodermic needle except:
   (a)  pursuant  to  a  prescription  of  a  practitioner, which for the
 purposes of this section shall include a patient  specific  prescription
 form as provided for in [the education law] THIS CHAPTER; or
   (b)  to persons who have been authorized by the commissioner to obtain
 and possess such instruments; or
   (c) by a pharmacy licensed under [article one hundred thirty-seven  of
 the  education  law]  TITLE  TEN  OF  ARTICLE FIFTY-ONE OF THIS CHAPTER,
 health care facility licensed under article twenty-eight of this chapter
 or a health care practitioner who is otherwise authorized  to  prescribe
 the  use  of  hypodermic  needles or syringes within his or her scope of
 practice; provided, however, that such sale  or  furnishing:  (i)  shall
 only be to a person eighteen years of age or older; and (ii) shall be in
 accordance with subdivision four of this section; or
   (d) under subdivision three of this section.
   4.  (a) A person eighteen years of age or older may obtain and possess
 a hypodermic syringe or hypodermic needle pursuant to paragraph  (c)  of
 subdivision one of this section.
   (b)  Subject  to  regulations of the commissioner, a pharmacy licensed
 under [article one hundred thirty-seven of the education law] TITLE  TEN
 OF  ARTICLE  FIFTY-ONE  OF THIS CHAPTER, a health care facility licensed
 under article twenty-eight of this chapter or a health care practitioner
 who is otherwise authorized to prescribe the use of  hypodermic  needles
 or  syringes within his or her scope of practice, may obtain and possess
 hypodermic needles or syringes for the purpose of selling or  furnishing
 them pursuant to paragraph (c) of subdivision one of this section or for
 the purpose of disposing of them.
   (c) Sale or furnishing of hypodermic syringes or hypodermic needles to
 direct consumers pursuant to this subdivision by a pharmacy, health care
 facility,  or  health care practitioner shall be accompanied by a safety
 insert. Such safety insert shall be developed or approved by the commis-
 sioner and shall include, but not be limited to, (i) information on  the
 proper  use of hypodermic syringes and hypodermic needles; (ii) the risk
 of blood borne diseases that may  result  from  the  use  of  hypodermic
 syringes and hypodermic needles; (iii) methods for preventing the trans-
 mission  or  contraction of blood borne diseases; (iv) proper hypodermic
 syringe and hypodermic needle disposal practices; (v) information on the
 dangers of injection drug use, and how to access drug treatment; (vi)  a
 toll-free  phone  number  for  information on the human immunodeficiency
 virus; and (vii) information on the safe disposal of hypodermic syringes
 and hypodermic needles including the relevant provisions of the environ-
 mental conservation law relating to the unlawful  release  of  regulated
 medical waste. The safety insert shall be attached to or included in the
 hypodermic syringe and hypodermic needle packaging, or shall be given to
 the purchaser at the point of sale or furnishing in brochure form.
   (d)  In  addition  to the requirements of paragraph (c) of subdivision
 one of this section, a pharmacy  licensed  under  [article  one  hundred
 thirty-seven  of  the  education  law] TITLE TEN OF ARTICLE FIFTY-ONE OF
 THIS CHAPTER may sell or furnish hypodermic needles or syringes only  if
 such  pharmacy  stores  such needles and syringes in a manner that makes
 them available only to authorized personnel and not openly available  to
 customers.
   (e)  A  pharmacy registered under [article one hundred thirty-seven of
 the education law] TITLE TEN OF ARTICLE FIFTY-ONE OF  THIS  CHAPTER  may
 offer counseling and referral services to customers purchasing hypoderm-
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 ic  syringes  for  the  purpose of: preventing injection drug abuse; the
 provision of  drug  treatment;  preventing  and  treating  hepatitis  C;
 preventing  drug overdose; testing for the human immunodeficiency virus;
 and  providing  pre-exposure prophylaxis and non-occupational post-expo-
 sure prophylaxis. The content of such counseling and referral  shall  be
 at the professional discretion of the pharmacist.
   (f)  The commissioner shall promulgate rules and regulations necessary
 to implement the provisions of this subdivision which shall include: (i)
 standards for advertising to the public the availability for retail sale
 or furnishing of hypodermic syringes or needles; and (ii) a  requirement
 that such pharmacies, health care facilities and health care practition-
 ers cooperate in a safe disposal of used hypodermic needles or syringes.
   (g)  The  commissioner  may,  upon  the finding of a violation of this
 section, suspend for a determinate period of time the sale or furnishing
 of syringes by a specific entity.
   § 48. The opening paragraph  of  paragraph  15  of  subdivision  a  of
 section  265.20 of the penal law, as added by chapter 354 of the laws of
 1996, is amended to read as follows:
   Possession and sale of a self-defense spray device as defined in para-
 graph fourteen of this subdivision by  a  dealer  in  firearms  licensed
 pursuant to section 400.00 of this chapter, a pharmacist licensed pursu-
 ant to [article one hundred thirty-seven of the education law] TITLE TEN
 OF ARTICLE FIFTY-ONE OF THE PUBLIC HEALTH LAW or by such other vendor as
 may be authorized and approved by the superintendent of state police.
   § 49. Intentionally omitted.
   § 50. Section 182 of the general business law, as added by chapter 731
 of  the  laws  of  1952  and as renumbered by chapter 893 of the laws of
 1958, is amended to read as follows:
   § 182. Cards to be  furnished  nurses;  registry  records.  A  nurses'
 registry  shall  send out to practice nursing only persons duly licensed
 pursuant to [article one hundred thirty-nine of the education law] TITLE
 TWELVE OF ARTICLE FIFTY-ONE OF THE PUBLIC HEALTH  LAW  as  a  registered
 professional  nurse or licensed practical nurse. Every nurses' registry,
 before sending a person out to practice nursing, shall investigate  such
 person's  educational  qualifications and verify such person's licensure
 and current registration. At least two current written references  shall
 be  required  of  such  person.    The  record of such investigation and
 verification shall be kept on file in the registry.
   Every nurses' registry that sends out any such person  shall  at  such
 time  give to such person and send to the employer of such person a card
 stating (1) such person's name, address and  salary,  (2)  whether  such
 person  is  a registered professional nurse or licensed practical nurse,
 (3) the number of the current registration certificate  issued  to  such
 person by the [education] department OF HEALTH, and (4) a statement that
 the record of such person's educational qualifications and experience in
 the  practice  of  nursing  is  on file in such registry and that a copy
 thereof will be sent to such employer on request. A copy  of  such  card
 shall be kept on file in the registry.
   The  record  of  investigation  and  verification  and  the  card-copy
 required by this section to be kept on file shall be open to  inspection
 by any duly authorized agent of the university of the state of New York,
 and  every  nurses' registry shall furnish a complete list of its regis-
 trants on request of such agent.
   § 51.  Subdivision 4 of section 185 of the general  business  law,  as
 amended  by  chapter  998  of  the  laws  of 1960, is amended to read as
 follows:
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   4. Types of employment. For the purpose of placing a ceiling over  the
 fees charged by persons conducting employment agencies, types of employ-
 ment shall be classified as follows:
   Class  "A"--domestics,  household  employees,  unskilled  or untrained
 manual workers and laborers, including agricultural workers;
   Class "A1"--non-professional trained or skilled industrial workers  or
 mechanics;
   Class "B"--commercial, clerical, executive, administrative and profes-
 sional employment, all employment outside the continental United States,
 and all other employment not included in classes "A", "A1", "C" and "D";
   Class "C"--theatrical engagements;
   Class  "D"--nursing  engagements as defined in TITLE TWELVE OF article
 [one hundred thirty-nine of  the  education]  FIFTY-ONE  OF  THE  PUBLIC
 HEALTH law.
   §  52.  Item (i) of subparagraph (A) of paragraph 10 of subsection (i)
 of section 3216 of the insurance law, as amended by chapter 238  of  the
 laws of 2010,  is amended to read as follows:
   (i) Every policy which provides hospital, surgical or medical coverage
 shall  provide coverage for maternity care, including hospital, surgical
 or medical care to the same extent that hospital,  surgical  or  medical
 coverage  is  provided  for  illness  or  disease under the policy. Such
 maternity care coverage,  other  than  coverage  for  perinatal  compli-
 cations,  shall  include  inpatient hospital coverage for mother and for
 newborn for at least forty-eight hours after childbirth for any delivery
 other than a caesarean section, and for at least ninety-six hours  after
 a  caesarean section. Such coverage for maternity care shall include the
 services of a midwife licensed pursuant to  TITLE  THIRTEEN  OF  article
 [one hundred forty of the education] FIFTY-ONE OF THE PUBLIC HEALTH law,
 practicing  consistent  with section sixty-nine hundred fifty-one of the
 [education] PUBLIC HEALTH law and affiliated or practicing  in  conjunc-
 tion  with  a  facility licensed pursuant to article twenty-eight of the
 public health law, but no insurer shall be required to pay for  duplica-
 tive routine services actually provided by both a licensed midwife and a
 physician.
   §  53.   Item (i) of subparagraph (A) of paragraph 5 of subsection (k)
 of section 3221 of the insurance law, as amended by chapter 238  of  the
 laws of 2010, is amended to read as follows:
   (i)  Every group or blanket policy delivered or issued for delivery in
 this state which provides hospital, surgical or medical  coverage  shall
 include  coverage  for  maternity  care, including hospital, surgical or
 medical care to the same extent that coverage is provided for illness or
 disease under the policy.  Such  maternity  care  coverage,  other  than
 coverage  for  perinatal complications, shall include inpatient hospital
 coverage for mother and newborn for at  least  forty-eight  hours  after
 childbirth  for  any delivery other than a caesarean section, and for at
 least ninety-six hours after a  caesarean  section.  Such  coverage  for
 maternity care shall include the services of a midwife licensed pursuant
 to  TITLE  THIRTEEN  OF  article  [one  hundred  forty of the education]
 FIFTY-ONE OF THE PUBLIC HEALTH law, practicing consistent  with  section
 sixty-nine  hundred  fifty-one  of the [education] PUBLIC HEALTH law and
 affiliated or practicing in conjunction with a facility licensed  pursu-
 ant  to  article  twenty-eight  of the public health law, but no insurer
 shall be required to  pay  for  duplicative  routine  services  actually
 provided by both a licensed midwife and a physician.
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   §  54.    Subparagraph (A) of paragraph 1 of subsection (c) of section
 4303 of the insurance law, as amended by chapter  238  of  the  laws  of
 2010, is amended to read as follows:
   (A)  Every  contract issued by a corporation subject to the provisions
 of this article which provides hospital service, medical expense  indem-
 nity  or both shall provide coverage for maternity care including hospi-
 tal, surgical or medical care to the same extent that hospital  service,
 medical  expense  indemnity  or both are provided for illness or disease
 under the contract. Such maternity care coverage,  other  than  coverage
 for  perinatal  complications, shall include inpatient hospital coverage
 for mother and for newborn for at least forty-eight hours  after  child-
 birth  for any delivery other than a caesarean section, and for at least
 ninety-six hours following a caesarean section. Such coverage for mater-
 nity care shall include the services of a midwife licensed  pursuant  to
 article  [one  hundred forty of the education] TITLE THIRTEEN OF ARTICLE
 FIFTY-ONE OF THE PUBLIC HEALTH law, practicing consistent  with  section
 sixty-nine  hundred  fifty-one  of the [education] PUBLIC HEALTH law and
 affiliated or practicing in conjunction with a facility licensed  pursu-
 ant  to  article  twenty-eight  of the public health law, but no insurer
 shall be required to  pay  for  duplicative  routine  services  actually
 provided by both a licensed midwife and a physician.
   § 55. Intentionally omitted.
   §  56.   Paragraph b of subdivision 1 of section 167 of the labor law,
 as amended by chapter 815 of the laws of 2022, is  amended  to  read  as
 follows:
   b.  "Nurse"  shall  mean a registered professional nurse or a licensed
 practical nurse as defined by TITLE TWELVE OF article [one hundred thir-
 ty-nine] FIFTY-ONE of the [education] PUBLIC  HEALTH  law  who  provides
 direct patient care.
   §  57.    Subdivision 13 of section 700 of the county law, as added by
 chapter 358 of the laws of 2012, is amended to read as follows:
   13. In order to provide services  to  crime  victims,  witnesses,  and
 other  persons  involved  in the criminal justice system, and to support
 crime prevention programs, the district attorney may employ or  contract
 with persons licensed and registered to practice or otherwise authorized
 under  [article  one hundred fifty-three, one hundred fifty-four, or one
 hundred sixty-three of the  education]  TITLE  SEVENTEEN,  EIGHTEEN,  OR
 TWENTY-FIVE  OF  ARTICLE FIFTY-ONE OF THE PUBLIC HEALTH law, or contract
 with entities authorized to provide the services specified in such arti-
 cles, in connection with the provision of any services that such persons
 or entities are authorized to provide and that  are  authorized  by  the
 district attorney.
   §  58.  Paragraph (vi) of subparagraph 1 of subdivision (e) of section
 9.60 of the mental hygiene law, as amended by chapter 158 of the laws of
 2005, is amended to read as follows:
   (vi) a psychologist, licensed pursuant to TITLE SEVENTEEN  OF  article
 [one  hundred  fifty-three  of  the  education]  FIFTY-ONE OF THE PUBLIC
 HEALTH law, or a social worker, licensed pursuant to TITLE  EIGHTEEN  OF
 article  [one  hundred  fifty-four  of  the  education] FIFTY-ONE OF THE
 PUBLIC HEALTH law, who is treating the subject of  the  petition  for  a
 mental illness; or
   §  59.    Paragraph (b) of subdivision 1 of section 2828 of the public
 health law, as added by section 1 of part GG of chapter 57 of  the  laws
 of 2021, is amended to read as follows:
   (b)  Fifteen percent of costs associated with resident-facing staffing
 contracted out by a facility for services provided by registered profes-
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 sional nurses or licensed practical nurses licensed  pursuant  to  TITLE
 TWELVE  OF article [one hundred thirty-nine of the education law] FIFTY-
 ONE OF THIS CHAPTER or certified nurse aides who have completed  certif-
 ication  and  training approved by the department shall be deducted from
 the calculation of the amount  spent  on  resident-facing  staffing  and
 direct resident care.
   §  60.  Paragraph (b) of subdivision 1 of section 2895-b of the public
 health law, as added by chapter 156 of the laws of 2021, is  amended  to
 read as follows:
   (b) "Licensed nurse" means a registered professional nurse or licensed
 practical  nurse  licensed  pursuant  to  TITLE  TWELVE  OF article [one
 hundred thirty-nine of the education law] FIFTY-ONE OF THIS CHAPTER.
   § 61.  Paragraph (a) of subdivision 2,  and subdivisions 5  and  8  of
 section 13-m of the workers' compensation law, paragraph (a) of subdivi-
 sion  2  as amended by section 6 of part CC of chapter 55 of the laws of
 2019, and subdivisions 5 and 8 as added by chapter 589 of  the  laws  of
 1989, are amended to read as follows:
   (a)  An  injured employee, injured under circumstances which make such
 injury compensable under this article, may  lawfully  be  treated  by  a
 psychologist,  duly  registered  and  licensed by the state of New York,
 authorized by the chair to render psychological care pursuant to section
 thirteen-b of this article. Such services shall be within the  scope  of
 such  psychologist's  specialized training and qualifications as defined
 in TITLE SEVENTEEN OF article [one hundred fifty-three of the education]
 FIFTY-ONE OF THE PUBLIC HEALTH law.
   5. Fees for psychological services shall be payable  only  to  a  duly
 authorized  psychologist  as licensed in TITLE SEVENTEEN OF article [one
 hundred fifty-three of the education] FIFTY-ONE  OF  THE  PUBLIC  HEALTH
 law,  or  to  the agent, executor or administrator of the estate of such
 psychologist. No psychologist  rendering  treatment  to  a  compensation
 claimant  shall  collect or receive a fee from such claimant within this
 state, but shall have recourse for payment of services rendered only  to
 the employer under the provisions of this section.
   8.  Within  the limits prescribed by the [education] PUBLIC HEALTH law
 for psychological care and treatment, the  report  or  testimony  of  an
 authorized  psychologist concerning the condition of an injured employee
 and treatment thereof shall be deemed competent evidence and the profes-
 sional opinion of the psychologist as  to  causal  relation  and  as  to
 required  treatment  shall be deemed competent but shall not be control-
 ling. Nothing in this section shall be deemed to deprive any employer or
 insurance carrier of any right to a medical examination or  presentation
 of medical testimony now conferred by law.
   §  62.    Subdivision 1 of section 794 of the general business law, as
 amended by chapter 301 of the laws  of  2000,  is  amended  to  read  as
 follows:
   1.  Prior  to the expiration of a certificate of registration and as a
 condition of renewal, each hearing aid dispenser registered pursuant  to
 subdivision  one  of  section seven hundred ninety of this article shall
 submit documentation showing successful completion of twenty  continuing
 education  credits through a course or courses approved by the secretary
 in consultation with the advisory board, or, in relation to audiologists
 licensed pursuant to TITLE TWENTY-TWO OF article [one hundred fifty-nine
 of the education] FIFTY-ONE OF THE PUBLIC HEALTH law, the office of  the
 professions in the [education] department OF HEALTH. Such formal courses
 of  learning  shall  include, but not be limited to, collegiate level of
 credit in non-credit  courses,  professional  development  programs  and
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 technical  sessions  offered  by  national, state and local professional
 associations and other organizations acceptable to the secretary and any
 other organized educational and technical  programs  acceptable  to  the
 secretary. The secretary may, in his or her discretion, and as needed to
 contribute  to  the  health  and  welfare  of  the  public,  require the
 completion of continuing  education  courses  in  specific  subjects  to
 fulfill  this  mandatory continuing education requirement. Courses shall
 be taken from a sponsor approved by  the  secretary  pursuant  to  regu-
 lations promulgated pursuant to this section.
   §  63.  Subdivision  2  of section 794 of the general business law, as
 amended by chapter 301 of the laws  of  2000,  is  amended  to  read  as
 follows:
   2.  A hearing aid dispenser registered under paragraph (b) of subdivi-
 sion one of section seven hundred ninety of this article may satisfy the
 requirements of subdivision one of this section by demonstrating to  the
 secretary compliance with such continuing competency requirements as are
 prescribed by TITLE TWENTY-TWO OF article [one hundred fifty-nine of the
 education]  FIFTY-ONE OF THE PUBLIC HEALTH law, provided, however, that,
 such  persons  shall  submit  documentation   showing   the   successful
 completion of four continuing education credits relating to the dispens-
 ing of hearing aids.
   §  64.   Paragraph (f) of subdivision 4, subdivision 10, and paragraph
 (a) of subdivision 15 of section 798 of the general business law,  para-
 graph  (f) of subdivision 4 as added by chapter 599 of the laws of 1998,
 subdivision 10 as amended by chapter 301 of the laws of 2000, and  para-
 graph  (a)  of  subdivision  15 as amended by chapter 133 of the laws of
 1999 are amended to read as follows:
   (f) if applicable, requirements otherwise provided under  TITLE  TWEN-
 TY-TWO OF article [one hundred fifty-nine of the education] FIFTY-ONE OF
 THE PUBLIC HEALTH law.
   10.  (a)  A  hearing aid dispenser, not otherwise licensed pursuant to
 TITLE TWENTY-TWO OF article [one hundred fifty-nine  of  the  education]
 FIFTY-ONE  OF THE PUBLIC HEALTH law, shall provide any prospective hear-
 ing aid users with a copy of their audiogram which shall  include  pure-
 tone  (air and bone conduction) and speech audiometry test results, upon
 completion of such audiometric tests. Such audiogram shall  clearly  and
 conspicuously  contain  the  following  statement:  "This information is
 intended for the sole purpose of fitting or selecting a hearing aid  and
 is not a medical examination or audiological evaluation".
   (b)  Hearing aid dispensers licensed under TITLE TWENTY-TWO OF article
 [one hundred fifty-nine of the education] FIFTY-ONE OF THE PUBLIC HEALTH
 law shall comply with the provisions of such article in the  conduct  of
 audiological evaluations and shall further provide a copy of the results
 of any audiological evaluation to any prospective hearing aid users with
 the  following statement: "This is an audiological evaluation and is not
 a medical examination".
   (a) no hearing aid dispenser shall, through advertisement, indicate or
 imply that any type of medical examination  or  audiological  evaluation
 will  be  provided  or that the dispenser has been recommended by anyone
 other than an individual licensed to perform such examination or  evalu-
 ation;  provided, however, that nothing in this paragraph shall restrict
 or limit any person licensed under  TITLE  TWENTY-TWO  OF  article  [one
 hundred  fifty-nine of the education] FIFTY-ONE OF THE PUBLIC HEALTH law
 from performing any activity thereunder or from stating in an advertise-
 ment that an audiological evaluation will be provided where an audiolog-
 ical evaluation is to be provided;
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   § 65.  Subdivision 2 of section 789 of the general  business  law,  as
 amended  by  chapter  301  of  the  laws  of 2000, is amended to read as
 follows:
   2. "Audiologist" means an individual who is licensed under TITLE TWEN-
 TY-TWO OF article [one hundred fifty-nine of the education] FIFTY-ONE OF
 THE PUBLIC HEALTH law to evaluate hearing, and hearing and communication
 disorders and to engage in those practices defined in section eighty-two
 hundred three of the [education] PUBLIC HEALTH law.
   §  66.    Subdivision 9 of section 789 of the general business law, as
 added by chapter 599 of the laws of 1998, is amended to read as follows:
   9. "Otolaryngologist" means a physician licensed under  TITLE  TWO  OF
 article  [one  hundred  thirty-one  of  the  education] FIFTY-ONE OF THE
 PUBLIC HEALTH law, who practices that branch of  medicine  which  treats
 diseases of the ear, nose and throat.
   §  67.  Subdivisions 1, 3 and 4 of section 790 of the general business
 law,  subdivision 1 as added by chapter 599 of the laws of 1998,  subdi-
 vision 3 as amended by chapter 133 of the laws of 1999 and subdivision 4
 as  amended  by  chapter 301 of the laws of 2000, are amended to read as
 follows:
   1. Any person desiring to be engaged in the dispensing of hearing aids
 in this state shall be registered biennially pursuant to  this  article.
 Such  person  shall  file with the secretary an application to be regis-
 tered as a hearing aid  dispenser.  The  secretary  shall  examine  each
 application  and  issue  a  certificate of registration if either of the
 following criteria are satisfied:
   (a) (i) the applicant is twenty-one years of age or older;
   (ii) is of good moral character;
   (iii) has received a high school diploma or its equivalent;
   (iv) has two years college accredited coursework or its equivalent;
   (v) has fully completed the required training program;
   (vi) has achieved a passing score on the required examination;
   (vii) has not had a registration, license or  other  authorization  to
 dispense hearing aids suspended or revoked;
   (viii)  has  paid  the appropriate fees according to the provisions of
 section seven hundred ninety-seven of this article; and
   (ix) on or after January first,  two  thousand  three,  the  applicant
 shall demonstrate the successful completion of post-secondary coursework
 approved by the secretary in conjunction with the advisory board; or
   (b)  (i) the applicant has submitted proof of licensure under [article
 one hundred fifty-nine of the education law] TITLE TWENTY-TWO OF ARTICLE
 FIFTY-ONE OF THE PUBLIC HEALTH LAW as a licensed audiologist;
   (ii) has paid the appropriate fees  according  to  the  provisions  of
 section seven hundred ninety-seven of this article;
   (iii) has achieved a passing score on the practical test of proficien-
 cy  required  pursuant to subdivision six of section seven hundred nine-
 ty-six of this article or  who  submits  evidence  satisfactory  to  the
 secretary of experience in dispensing hearing aids; and
   (iv)  has  not  had  a registration, license or other authorization to
 dispense hearing aids suspended or revoked according to  the  provisions
 of section seven hundred ninety-nine of this article.
   3.  (a)  Any  person who has been continuously registered as a hearing
 aid dealer pursuant to the former article thirty-seven-A of this chapter
 for the three years immediately preceding January first, two thousand or
 who submits evidence satisfactory to the secretary of experience in  the
 business  of  dispensing  hearing aids in this state for the three years
 immediately preceding January  first,  two  thousand,  upon  payment  of
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 applicable  fees,  shall  be  registered  as a hearing aid dispenser and
 shall be exempt from requirements set forth in subparagraphs (iv),  (v),
 (vi) and (ix) of paragraph (a) of subdivision one of this section.
   (b)  Any  person who has been continuously registered as a hearing aid
 dealer pursuant to the former article thirty-seven-A of this chapter for
 less than three years but more than one year immediately preceding Janu-
 ary first, two thousand, or who submits  evidence  satisfactory  to  the
 secretary  of  less than three years but more than one year's continuous
 experience in the business of dispensing  hearing  aids  in  this  state
 immediately  preceding January first, two thousand, may pay the applica-
 ble fees and register as a hearing aid dispenser. Such registrant  shall
 be exempt from the requirements set forth in subparagraphs (iv), (v) and
 (ix)  of  paragraph  (a) of subdivision one of this section. Such regis-
 trant shall achieve a passing score on the required  registration  exam-
 ination  by  December thirty-first, two thousand; provided further that,
 upon failing to achieve a passing score such person shall continue under
 the supervision of a registered hearing aid dispenser until such time as
 a passing score  is  achieved,  provided  that  such  passing  score  is
 achieved  on  an  examination  administered  within twelve months of the
 first examination.
   (c) Any individual who has been continuously registered as  a  hearing
 aid dealer pursuant to the former article thirty-seven-A of this chapter
 for  less  than  twelve  months immediately preceding January first, two
 thousand or any individual with less than twelve  months  experience  in
 the  business  of  dispensing  hearing  aids  in  this state immediately
 preceding January first, two thousand shall be required to  comply  with
 all the requirements set forth in subdivision one of this section.
   (d) Any person licensed pursuant to [article one hundred fifty-nine of
 the  education  law] TITLE TWENTY-TWO OF ARTICLE FIFTY-ONE OF THE PUBLIC
 HEALTH LAW, who submits evidence satisfactory to the secretary of  expe-
 rience  of  dispensing  hearing  aids in this state for the period imme-
 diately preceding January first, two thousand, upon payment of  applica-
 ble  fees  shall  be  registered as a hearing aid dispenser and shall be
 exempt from requirements set forth in subparagraph  (iii)  of  paragraph
 (b) of subdivision one of this section.
   4.  Upon  application  to  the  secretary,  a temporary certificate of
 registration authorized under section seven hundred ninety-five of  this
 article  shall  be issued to: (i) individuals who prove to the satisfac-
 tion of the secretary that he or she will be supervised and  trained  by
 one  or  more  registered  hearing aid dispensers for a period of twelve
 months or (ii) individuals who are candidates for licensure under [arti-
 cle one hundred fifty-nine of the education] TITLE TWENTY-TWO OF ARTICLE
 FIFTY-ONE OF THE PUBLIC  HEALTH  law,  have  satisfied  the  educational
 requirement  in subdivision two of section eighty-two hundred six of the
 [education] PUBLIC HEALTH law, and are actively  engaged  in  completing
 the  experience  requirement  in subdivision three of section eighty-two
 hundred six of the [education] PUBLIC HEALTH law.  A  temporary  certif-
 icate of registration may be renewed only once.
   (a) A person holding a temporary certificate of registration shall not
 be  the  sole proprietor of, manage, or independently operate a business
 which engages in the business of dispensing  hearing  aids  unless  such
 business employs a registered hearing aid dispenser.
   (b) A person holding a temporary certificate of registration shall not
 advertise  or  otherwise represent that he or she holds a certificate of
 registration as a hearing aid dispenser.
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   (c) A person holding a temporary certificate of registration who is  a
 candidate  for  licensure  under  [article one hundred fifty-nine of the
 education law] TITLE TWENTY-TWO  OF  ARTICLE  FIFTY-ONE  OF  THE  PUBLIC
 HEALTH  LAW  shall be exempt from the requirement to complete the course
 of  instruction  prescribed  by section seven hundred ninety-six of this
 article.
   § 68.  Clause (E) of subparagraph (iii) of paragraph (a)  of  subdivi-
 sion  4 of section 364-j of the social services law, as added by chapter
 37 of the laws of 2010, is amended to read as follows:
   (E) the services are optometric services, as defined in  [article  one
 hundred  forty-three  of  the  education  law]  TITLE FIFTEEN OF ARTICLE
 FIFTY-ONE OF THE PUBLIC HEALTH LAW, and are provided by a diagnostic and
 treatment center licensed  under  article  twenty-eight  of  the  public
 health  law  which  is  affiliated  with the college of optometry of the
 state university of New York and which has  been  granted  an  operating
 certificate pursuant to article twenty-eight of the public health law to
 provide  such  optometric  services. Any diagnostic and treatment center
 providing optometric services pursuant to this  clause  shall  prior  to
 June  first  of each year report to the governor, temporary president of
 the senate and speaker of the assembly on  the  following:    the  total
 number  of visits made by medical assistance recipients during the imme-
 diately preceding calendar year; the number of visits  made  by  medical
 assistance  recipients during the immediately preceding calendar year by
 recipients who were enrolled in managed care  programs;  the  number  of
 visits  made  by  medical  assistance  recipients during the immediately
 preceding calendar year by recipients who were enrolled in managed  care
 programs  that provide optometric benefits as a covered service; and the
 number of visits made by the uninsured during the immediately  preceding
 calendar year; or
   §  69.  Subdivision 3 of section 250.10 of the criminal procedure law,
 as added by chapter 548 of the laws of  1980,  is  amended  to  read  as
 follows:
   3.  When  a  defendant,  pursuant  to subdivision two of this section,
 serves notice of intent to present psychiatric  evidence,  the  district
 attorney  may  apply  to the court, upon notice to the defendant, for an
 order directing that the defendant submit to an examination by a psychi-
 atrist or licensed psychologist  as  defined  in  [article  one  hundred
 fifty-three  of  the education law] TITLE SEVENTEEN OF ARTICLE FIFTY-ONE
 OF THE PUBLIC HEALTH LAW designated by the  district  attorney.  If  the
 application  is  granted, the psychiatrist or psychologist designated to
 conduct the examination must notify the district  attorney  and  counsel
 for  the  defendant  of the time and place of the examination. Defendant
 has a right to  have  his  counsel  present  at  such  examination.  The
 district  attorney may also be present. The role of each counsel at such
 examination is that of an observer, and neither counsel shall be permit-
 ted to take an active role at the examination.
   § 70.  Paragraph (r) of subdivision 1 of section 330.20 of the  crimi-
 nal  procedure  law,  as  added  by  chapter 548 of the laws of 1980, is
 amended to read as follows:
   (r) "Licensed psychologist" means a person  who  is  registered  as  a
 psychologist  under  [article  one  hundred fifty-three of the education
 law] TITLE SEVENTEEN OF ARTICLE FIFTY-ONE OF THE PUBLIC HEALTH LAW.
   § 71.  Subdivision 6 of section 730.10 of the criminal procedure  law,
 as  renumbered by chapter 629 of the laws of 1974, is amended to read as
 follows:
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   6. "Certified psychologist" means a person  who  is  registered  as  a
 certified  psychologist  under  [article  one hundred fifty-three of the
 education law] TITLE SEVENTEEN OF ARTICLE FIFTY-ONE OF THE PUBLIC HEALTH
 LAW.
   § 72.  Section 4507 of the civil practice law and rules, as amended by
 chapter 913 of the laws of 1984, is amended to read as follows:
   §  4507.  Psychologist.  The confidential relations and communications
 between a psychologist registered under the provisions of  [article  one
 hundred  fifty-three  of  the  education law] TITLE SEVENTEEN OF ARTICLE
 FIFTY-ONE OF THE PUBLIC HEALTH LAW and his client are placed on the same
 basis as those provided by law between attorney and client, and  nothing
 in such article shall be construed to require any such privileged commu-
 nications to be disclosed.
   A client who, for the purpose of obtaining insurance benefits, author-
 izes  the  disclosure of any such privileged communication to any person
 shall not be deemed  to  have  waived  the  privilege  created  by  this
 section. For purposes of this section:
   1.  "person" shall mean any individual, insurer or agent thereof, peer
 review committee, public or private corporation, political  subdivision,
 government  agency,  department  or  bureau  of the state, municipality,
 industry, co-partnership, association, firm, trust, estate or any  other
 legal entity whatsoever; and
   2.  "insurance  benefits"  shall include payments under a self-insured
 plan.
   § 73. The opening paragraph of subdivision (a) of section 4508 of  the
 civil  practice  law and rules, as amended by chapter 230 of the laws of
 2004, is amended to read as follows:
   Confidential information privileged. A person licensed as  a  licensed
 master  social  worker  or  a  licensed clinical social worker under the
 provisions of [article one hundred  fifty-four  of  the  education  law]
 TITLE  EIGHTEEN  OF ARTICLE FIFTY-ONE OF THE PUBLIC HEALTH LAW shall not
 be required to disclose a communication made by a client, or his or  her
 advice  given  thereon, in the course of his or her professional employ-
 ment, nor shall any clerk, stenographer or other person working for  the
 same employer as such social worker or for such social worker be allowed
 to disclose any such communication or advice given thereon; except
   §  74.  Paragraphs  (g-1),  (q), (r), (y), (z) and subparagraph (i) of
 paragraph (x) of subdivision 2 of section 365-a of the  social  services
 law,  paragraph (g-1) as amended by section 9 of part D of chapter 57 of
 the laws of 2017, paragraph (q) as amended by section 35 of  part  B  of
 chapter  58 of the laws of 2010, paragraph (r) as added by section 32 of
 part C of chapter 58 of the laws of 2008,  paragraphs  (y)  and  (z)  as
 added  by  section  6  of  part  D of chapter 56 of the laws of 2012 and
 subparagraph (i) of paragraph (x) as amended by chapter 61 of  the  laws
 of 2020, are amended to read as follows:
   (g-1)  drugs provided on an in-patient basis, those drugs contained on
 the list established by regulation of the commissioner of health  pursu-
 ant  to  subdivision four of this section, and those drugs which may not
 be dispensed without a prescription as required by  section  sixty-eight
 hundred  ten  of the [education] PUBLIC HEALTH law and which the commis-
 sioner of health shall determine to  be  reimbursable  based  upon  such
 factors as the availability of such drugs or alternatives at low cost if
 purchased by a medicaid recipient, or the essential nature of such drugs
 as  described  by  such  commissioner in regulations, provided, however,
 that such drugs, exclusive of  long-term  maintenance  drugs,  shall  be
 dispensed  in  quantities  no  greater  than  a thirty day supply or one
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 hundred doses, whichever is greater; provided further that  the  commis-
 sioner  of  health  is authorized to require prior authorization for any
 refill of a prescription when more than a ten day supply of  the  previ-
 ously  dispensed  amount should remain were the product used as normally
 indicated, or in the case of  a  controlled  substance,  as  defined  in
 section  thirty-three  hundred  two  of the public health law, when more
 than a seven day supply of the previously dispensed amount should remain
 were the product used as normally indicated; provided further  that  the
 commissioner  of  health is authorized to require prior authorization of
 prescriptions of opioid analgesics in excess of four prescriptions in  a
 thirty-day  period  in accordance with section two hundred seventy-three
 of the public health law; medical assistance shall not include any  drug
 provided  on  other  than  an  in-patient basis for which a recipient is
 charged or a claim is made in the case of a prescription drug, in excess
 of the maximum reimbursable amounts  to  be  established  by  department
 regulations in accordance with standards established by the secretary of
 the  United  States  department of health and human services, or, in the
 case of a drug not requiring a prescription, in excess  of  the  maximum
 reimbursable  amount  established by the commissioner of health pursuant
 to paragraph (a) of subdivision four of this section;
   (q) diabetes self-management training services for  persons  diagnosed
 with  diabetes when such services are ordered by a physician, registered
 physician assistant, registered nurse practitioner, or licensed  midwife
 and provided by a licensed, registered, or certified health care profes-
 sional, as determined by the commissioner of health, who is certified as
 a  diabetes  educator  by  the National Certification Board for Diabetes
 Educators, or a successor national certification board, or  provided  by
 such  a  professional  who is affiliated with a program certified by the
 American Diabetes Association,  the  American  Association  of  Diabetes
 Educators,  the  Indian  Health Services, or any other national accredi-
 tation organization approved by the federal  centers  for  medicare  and
 medicaid  services; provided, however, that the provisions of this para-
 graph shall not take effect unless all necessary approvals under federal
 law and regulation have  been  obtained  to  receive  federal  financial
 participation  in the costs of health care services provided pursuant to
 this paragraph. Nothing in this paragraph shall be construed  to  modify
 any licensure, certification or scope of practice provision under [title
 eight of the education law] ARTICLE FIFTY-ONE OF THE PUBLIC HEALTH LAW.
   (r)  asthma  self-management  training  services for persons diagnosed
 with asthma when such services are ordered by  a  physician,  registered
 physician's   assistant,  registered  nurse  practitioner,  or  licensed
 midwife and provided by a licensed, registered, or certified health care
 professional, as determined by the commissioner of health, who is certi-
 fied as an asthma educator by the National Asthma Educator Certification
 Board, or a successor national certification board;  provided,  however,
 that  the  provisions of this paragraph shall not take effect unless all
 necessary approvals under federal law and regulation have been  obtained
 to  receive  federal financial participation in the costs of health care
 services provided pursuant to this paragraph.  Nothing in this paragraph
 shall be construed to modify any licensure, certification  or  scope  of
 practice  provision  under  [title  eight  of the education law] ARTICLE
 FIFTY-ONE OF THE PUBLIC HEALTH LAW.
   (i) lactation counseling services for pregnant  and  postpartum  women
 when  such  services  are  ordered  by a physician, physician assistant,
 nurse practitioner, or midwife and provided  by  a  qualified  lactation
 care  provider,  as  determined by the commissioner of health; provided,
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 however, that the provisions of this paragraph  shall  not  take  effect
 unless  all  necessary  approvals  under federal law and regulation have
 been obtained to receive federal financial participation in the costs of
 health  care  services  provided  pursuant to this paragraph. Nothing in
 this paragraph shall be construed to modify any licensure, certification
 or scope of practice provision under [title eight of the education  law]
 ARTICLE FIFTY-ONE OF THE PUBLIC HEALTH LAW.
   (y)  harm  reduction counseling and services to reduce or minimize the
 adverse health consequences associated with  drug  use,  provided  by  a
 qualified  drug  treatment  program  or community-based organization, as
 determined by the commissioner of health; provided,  however,  that  the
 provisions  of this paragraph shall not take effect unless all necessary
 approvals under federal law and regulation have been obtained to receive
 federal financial participation in the costs  of  health  care  services
 provided  pursuant to this paragraph. Nothing in this paragraph shall be
 construed to modify any licensure, certification or  scope  of  practice
 provision  under [title eight of the education law] ARTICLE FIFTY-ONE OF
 THE PUBLIC HEALTH LAW.
   (z) hepatitis C wrap-around services to promote care coordination  and
 integration when ordered by a physician, registered physician assistant,
 registered  nurse  practitioner,  or licensed midwife, and provided by a
 qualified professional, as determined by  the  commissioner  of  health.
 Such  services  may include client outreach, identification and recruit-
 ment, hepatitis C education and counseling,  coordination  of  care  and
 adherence  to treatment, assistance in obtaining appropriate entitlement
 services, peer support and other supportive services; provided, however,
 that the provisions of this paragraph shall not take effect  unless  all
 necessary  approvals under federal law and regulation have been obtained
 to receive federal financial participation in the costs of  health  care
 services provided pursuant to this paragraph.  Nothing in this paragraph
 shall  be  construed  to modify any licensure, certification or scope of
 practice provision under [title eight  of  the  education  law]  ARTICLE
 FIFTY-ONE OF THE PUBLIC HEALTH LAW.
   §  75.   Paragraph (e) of subdivision 6 of section 384-b of the social
 services law, as amended by chapter 691 of the laws of 1991, is  amended
 to read as follows:
   (e)  In  every  proceeding upon a ground set forth in paragraph (c) of
 subdivision four OF THIS SECTION the judge shall order the parent to  be
 examined  by,  and shall take the testimony of, a qualified psychiatrist
 or a psychologist licensed pursuant to [article one hundred  fifty-three
 of the education law] TITLE SEVENTEEN OF ARTICLE FIFTY-ONE OF THE PUBLIC
 HEALTH LAW as defined in section 730.10 of the criminal procedure law in
 the  case  of  a  parent  alleged  to  be mentally ill or retarded, such
 psychologist or psychiatrist to be appointed by the  court  pursuant  to
 section  thirty-five of the judiciary law. The parent and the authorized
 agency shall have the right to submit other  psychiatric,  psychological
 or  medical evidence. If the parent refuses to submit to such court-ord-
 ered examination, or if the parent renders himself unavailable  therefor
 whether  before  or  after  the  initiation  of  a proceeding under this
 section, by departing from the state or by concealing  himself  therein,
 the  appointed  psychologist  or  psychiatrist,  upon the basis of other
 available information, including, but not limited to,  agency,  hospital
 or  clinic  records,  may testify without an examination of such parent,
 provided that such other information affords a reasonable basis for  his
 opinion.
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   §  76.   Subdivision (c) of section 9.37 of the mental hygiene law, as
 amended by chapter 230 of the laws  of  2004,  is  amended  to  read  as
 follows:
   (c) Notwithstanding the provisions of subdivision (b) of this section,
 in  counties  with  a  population  of  less than two hundred thousand, a
 director of community services who is a licensed  psychologist  pursuant
 to  [article  one hundred fifty-three of the education law] TITLE SEVEN-
 TEEN OF ARTICLE FIFTY-ONE OF THE PUBLIC HEALTH LAW or a  licensed  clin-
 ical  social  worker  pursuant to [article one hundred fifty-four of the
 education law] TITLE EIGHTEEN OF ARTICLE FIFTY-ONE OF THE PUBLIC  HEALTH
 LAW  but who is not a physician may apply for the admission of a patient
 pursuant to this section without a medical examination by  a  designated
 physician,  if  a  hospital  approved  by  the  commissioner pursuant to
 section 9.39 of this article is not located within thirty miles  of  the
 patient,  and  the  director of community services has made a reasonable
 effort to locate a designated examining physician but such a designee is
 not immediately available and the director of community services,  after
 personal observation of the person, reasonably believes that he may have
 a mental illness which is likely to result in serious harm to himself or
 others and inpatient care and treatment of such person in a hospital may
 be appropriate. In the event of an application pursuant to this subdivi-
 sion,  a  physician  of the receiving hospital shall examine the patient
 and shall not admit the patient unless he or  she  determines  that  the
 patient  has  a  mental  illness  for which immediate inpatient care and
 treatment in a hospital is appropriate and which is likely to result  in
 serious  harm to himself or others. If the patient is admitted, the need
 for hospitalization shall be confirmed by another staff physician within
 twenty-four hours. An application pursuant to this subdivision shall  be
 in  writing and shall be filed with the director of such hospital at the
 time of the patient's reception, together with a  statement  in  a  form
 prescribed  by  the  commissioner giving such information as he may deem
 appropriate, including a statement of the efforts made by  the  director
 of  community  services to locate a designated examining physician prior
 to making an application pursuant to this subdivision.
   § 77.  Subdivision (h) of section 10.03 of the mental hygiene law,  as
 added by chapter 7 of the laws of 2007, is amended to read as follows:
   (h)  "Licensed  psychologist"  means  a  person who is registered as a
 psychologist under [article one hundred  fifty-three  of  the  education
 law] TITLE SEVENTEEN OF ARTICLE FIFTY-ONE OF THE PUBLIC HEALTH LAW.
   §  78.  Paragraphs (b-4), (b-5), (b-7), (d) and (g) of section 1503 of
 the business corporation law, paragraph (b-4) as added and paragraph (d)
 as amended by chapter 550 of  the  laws  of  2011,  paragraph  (b-5)  as
 amended by chapter 9 of the laws of 2013, the opening paragraph of para-
 graph  (b-5)  as  amended  by chapter 475 of the laws of 2014, paragraph
 (b-7) as added by chapter 260 of the laws of 2016, the opening paragraph
 of subparagraph 1 of paragraph (b-7) as amended by chapter  302  of  the
 laws  of  2018, and paragraph (g) as added by chapter 676 of the laws of
 2002, are amended to read as follows:
   (b-4) The  certificate  of  incorporation  of  a  design  professional
 service  corporation  shall  also have attached thereto a certificate or
 certificates issued by the licensing authority certifying that  each  of
 the  shareholders,  officers,  directors  and owners have been deemed to
 have been of good moral character as may be  established  by  the  regu-
 lations of the commissioner of education OR THE COMMISSIONER OF HEALTH.
   (b-5) On or after January first, two thousand twelve, the state educa-
 tion  department  and  the  department  of state shall allow an existing
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 professional service corporation organized under this article and  prac-
 ticing  professional  engineering, architecture, landscape architecture,
 geology or  land  surveying,  or  practicing  any  combination  of  such
 professions  to  become  a  design  professional  service corporation as
 defined in this article, provided the professional  service  corporation
 meets  all  of  the requirements to become a design professional service
 corporation, including that its name shall end with  the  words  "design
 professional  corporation" or the abbreviation "D.P.C.", by amending its
 certificate of incorporation so that it contains  the  following  state-
 ments:
   (1)  the names and residence addresses of all individuals or ESOPs who
 will be the shareholders, directors and officers of the original  design
 professional service corporation; and
   (2)  the  profession  or professions of each shareholder, director and
 officer who is a design professional of the original design professional
 service corporation; and
   (3) the ownership interest of each shareholder of the original  design
 professional service corporation; and
   (4) the names of the officers and directors who will be the president,
 the  chairperson of the board of directors and the chief executive offi-
 cer or officers of the original design professional service corporation.
   (i) The certificate of amendment shall have attached thereto a certif-
 icate or certificates issued by the licensing authority certifying  that
 each  of the proposed shareholders, directors and officers who is listed
 as a design professional is authorized by law to practice  a  profession
 which  the corporation is organized to practice and, if applicable, that
 one or more of such individuals is authorized to practice  each  profes-
 sion  which the corporation will be authorized to practice. The attached
 certificate or certificates shall also certify that the proposed  presi-
 dent,  the chairperson of the board of directors and the chief executive
 officer or officers are authorized by law to practice a profession which
 the corporation is organized to practice.
   (ii) The certificate of amendment shall also have attached  thereto  a
 certificate or certificates issued by the licensing authority certifying
 that  each  of the proposed shareholders, officers, directors and owners
 listed have been deemed to have been of good moral character as  may  be
 established  by  the regulations of the commissioner of education OR THE
 COMMISSIONER OF HEALTH.
   (iii) The certificate of amendment shall also have  attached  thereto:
 (A)  a  tax  clearance  issued by the department of taxation and finance
 certifying that the existing professional service corporation is current
 with respect to payment of its state tax liabilities and (B)  a  certif-
 icate  of  good  standing  from  the  state  education department OR THE
 DEPARTMENT OF HEALTH certifying that the existing  professional  service
 corporation  is  authorized  to  provide  professional  services without
 restriction.
   (b-7) (1) Prior to the first day of March, two thousand nineteen,  the
 state  education  department  and the department of state shall allow an
 existing business corporation organized under article four of this chap-
 ter to become a design professional service corporation  as  defined  in
 this  article  for  the  purpose  of  practicing  professional  geology,
 provided that the surviving corporation meet all of the requirements  to
 become  a  design  professional  service corporation, including that the
 name shall end with the words "design professional service  corporation"
 or  the  abbreviation  "D.P.C."  by amending its certificate of incorpo-
 ration so that it contains the following:
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   (i) the names and residence addresses of all individuals or ESOPs  who
 will be the original shareholders, directors and officers of the profes-
 sional service corporation;
   (ii)  a  statement that the design professional service corporation is
 formed pursuant to this section;
   (iii) the profession or profession of each shareholder,  director  and
 officer who is a design professional of the original design professional
 service corporation;
   (iv)  the  names  of the officers and directors who will be the presi-
 dent, the chairperson of the board of directors and the chief  executive
 officer  or  officers of the original design professional service corpo-
 ration;
   (v) the ownership interest of each shareholder of the original  design
 professional service corporation; and
   (vi)  a statement that the amendment shall not effect a dissolution of
 the corporation, but shall be deemed a  continuation  of  its  corporate
 existence,  without  affecting  its  then  existing  property  rights or
 liabilities or the liabilities of its members or officers as  such,  but
 thereafter it shall have only such rights, powers and privileges, and be
 subject  only  to  such  other  duties and liabilities, as a corporation
 created for the same purposes under this article.
   (2) The certificate of amendment shall have attached thereto a certif-
 icate or certificates issued by the licensing authority certifying  that
 each of the proposed shareholders, directors and officers listed:
   (i)  is  authorized  by  law to practice a profession which the corpo-
 ration is organized to practice and, if applicable, that one or more  of
 such  individuals  is  authorized  to practice each profession which the
 corporation will be authorized to practice; and
   (ii) has been deemed to be of good moral character as  may  be  estab-
 lished  by  the  regulations  of  the  commissioner of education AND THE
 COMMISSIONER OF HEALTH.
   (3) The certificate of amendment shall also have  attached  thereto  a
 tax  clearance issued by the department of taxation and finance certify-
 ing that the existing business corporation is current  with  respect  to
 payment of its state tax liabilities.
   (4)  Notwithstanding  any provision of law to the contrary, any corpo-
 ration formed under this section shall be required to  comply  with  all
 applicable  laws,  rules,  or  regulations relating to the practice of a
 profession under title eight of the education law OR  ARTICLE  FIFTY-ONE
 OF THE PUBLIC HEALTH LAW.
   (d)  A  professional  service  corporation, including a design profes-
 sional service corporation, other than a corporation authorized to prac-
 tice law, shall be under the supervision of the regents of the universi-
 ty of the state of New York OR THE DEPARTMENT OF HEALTH and  be  subject
 to disciplinary proceedings and penalties, and its certificate of incor-
 poration  shall  be  subject  to suspension, revocation or annulment for
 cause, in the same manner and to the same extent  as  is  provided  with
 respect  to  individuals and their licenses, certificates, and registra-
 tions in title eight of the education law OR ARTICLE  FIFTY-ONE  OF  THE
 PUBLIC HEALTH LAW relating to the applicable profession. Notwithstanding
 the  provisions  of  this  paragraph, a professional service corporation
 authorized to practice medicine  shall  be  subject  to  the  prehearing
 procedures  and  hearing procedures as is provided with respect to indi-
 vidual physicians and their licenses in title II-A of article two of the
 public health law.
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   (g) The practices of creative arts therapy, marriage and family thera-
 py, mental health counseling, and psychoanalysis shall not be deemed the
 same professional service for the  purpose  of  paragraph  (a)  of  this
 section,  notwithstanding  that  such  practices  are all licensed under
 [article one hundred sixty-three of the education law] TITLE TWENTY-FIVE
 OF ARTICLE FIFTY-ONE OF THE PUBLIC HEALTH LAW.
   §  79.    Subparagraph  1 of paragraph (a) of subdivision 4 of section
 1194 of the vehicle and traffic law, as amended by chapter  169  of  the
 laws of 2010, is amended to read as follows:
   (1)  At  the  request  of  a police officer, the following persons may
 withdraw blood for the purpose of  determining  the  alcoholic  or  drug
 content  therein:  (i)  a  physician, a registered professional nurse, a
 registered physician assistant, a certified nurse  practitioner,  or  an
 advanced  emergency medical technician as certified by the department of
 health; or (ii) under the supervision and at the direction of  a  physi-
 cian,  registered  physician  assistant  or certified nurse practitioner
 acting within his or her lawful scope of practice, or upon  the  express
 consent  of  the  person  eighteen  years of age or older from whom such
 blood is to be withdrawn: a clinical laboratory technician  or  clinical
 laboratory  technologist  licensed  pursuant  to  [article  one  hundred
 sixty-five of the education law] TITLE TWENTY-SEVEN OF ARTICLE FIFTY-ONE
 OF THE  PUBLIC HEALTH LAW; a phlebotomist; or a medical laboratory tech-
 nician  or  medical  technologist  employed  by  a  clinical  laboratory
 approved under title five of article five of the public health law. This
 limitation  shall  not  apply to the taking of a urine, saliva or breath
 specimen.
   § 80. Subdivisions 11 and 12 of section 3501 of the public health law,
 as added by chapter 175 of the laws of 2006,  are  amended  to  read  as
 follows:
   11.  "Licensed  practitioner"  means  a  person  licensed or otherwise
 authorized under [the education law] THIS CHAPTER to practice  medicine,
 dentistry, podiatry, or chiropractic.
   12. "Professional medical physicist" means a person licensed or other-
 wise  authorized to practice medical physics in accordance with [article
 one hundred sixty-six of the education law] TITLE TWENTY-EIGHT OF  ARTI-
 CLE FIFTY-ONE OF THIS CHAPTER.
   § 81. Subdivision a of section 17-199.15 of the administrative code of
 the city of New York, as added by local law number 30 of the city of New
 York for the year 2021, is amended to read as follows:
   a.  Definitions. For the purposes of this section, the following terms
 have the following meanings:
   Covered health care services. The term "covered health care  services"
 means  professional  medical  services  by  primary  care practitioners,
 including preventive, primary, diagnostic and specialty services;  diag-
 nostic  and  laboratory  services,  including  therapeutic  radiological
 services; prescription drugs, excluding drugs  for  uncovered  services;
 and any other services determined by the department.
   Direct  care  worker. The term "direct care worker" means any employee
 of a hospital that  is  responsible  for  patient  handling  or  patient
 assessment  as a regular or incident part of their employment, including
 any licensed or unlicensed health care worker.
   Doctor. The term "doctor" means a practitioner of medicine licensed to
 practice medicine pursuant to [article 131 of the education  law]  TITLE
 TWO OF ARTICLE FIFTY-ONE OF THE PUBLIC HEALTH LAW.
   Hospital. The term "hospital" means an institution or facility operat-
 ing  in  New  York  city possessing a valid operating certificate issued
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 pursuant to [article 28 of the public health law] TITLE TWELVE OF  ARTI-
 CLE FIFTY-ONE OF THE PUBLIC HEALTH LAW.
   Nurse.  The  term  "nurse" means a practitioner of nursing licensed to
 practice nursing pursuant to [article 139 of the  education  law]  TITLE
 TWELVE OF ARTICLE FIFTY-ONE OF THE PUBLIC HEALTH LAW.
   Physician  assistant.  The  term  "physician assistant" means a person
 licensed as a physician assistant pursuant to [article 131-b of the  New
 York  state  education law] TITLE TWO OF ARTICLE FIFTY-ONE OF THE PUBLIC
 HEALTH LAW.
   § 82.  Subdivision b of section 17-357 of the administrative  code  of
 the city of New York, as added by local law number 12 of the city of New
 York for the year 1997, is amended to read as follows:
   b.  The  provisions  of this subchapter shall not apply to a physician
 licensed under [article one hundred thirty-one of  the  New  York  state
 education law] TITLE TWO OF ARTICLE FIFTY-ONE OF THE PUBLIC HEALTH LAW.
   §  83.  Subdivision  e of section 20-815 of the administrative code of
 the city of New York, as added by local law number 17 of the city of New
 York for the year 2011, is amended to read as follows:
   e. "Licensed medical provider" shall mean a person licensed or  other-
 wise  authorized  under  the provisions of [articles one hundred thirty-
 one, one hundred thirty-one-a, one  hundred  thirty-one-b,  one  hundred
 thirty-nine or one hundred forty of the education law of New York] TITLE
 TWO, THREE, FOUR, TWELVE, OR THIRTEEN OF ARTICLE FIFTY-ONE OF THE PUBLIC
 HEALTH LAW, to provide medical services.
   §  84. Section 308-b of the military law, as amended by chapter 418 of
 the laws of 2004, is amended to read as follows:
   § 308-b. Extension of license, certificate or registration.   Notwith-
 standing  any  other provision of general, special or local law, code or
 ordinance, or rule or regulation to  the  contrary,  military  personnel
 serving  on  active  duty, who were licensed, certified or registered to
 engage in a profession or occupation prior to  being  called  to  active
 duty, and whose license, certificate or registration shall expire during
 such  period  of  active  duty,  shall have such license, certificate or
 registration automatically extended for the period of  active  duty  and
 for  twelve months after such military personnel have been released from
 active duty, provided that with regard to professions subject  to  title
 VIII of the education law OR ARTICLE FIFTY-ONE OF THE PUBLIC HEALTH LAW,
 this  section  shall  not  apply to limited permits or other credentials
 issued for a period of two months or less and shall not extend the  term
 of  a  limited permit that expires for reasons other than the passage of
 time, including but not limited to failure on a  licensure  examination,
 and  further provided that this section shall not be construed to permit
 any individual whose authority to engage in a profession  or  occupation
 has  been  revoked  or suspended to engage in such profession or occupa-
 tion.
   § 85. Subdivision 6 of section 2441 of the public health law, as added
 by chapter 450 of the laws of 1975, is amended to read as follows:
   6. "Researcher" means any person licensed under  [title  VIII  of  the
 education  law]  ARTICLE FIFTY-ONE OF THIS CHAPTER to perform diagnosis,
 treatment, medical services, prescription or therapeutic exercises  with
 regard to or upon human beings, or any other person deemed appropriately
 competent and qualified by a human research review committee as provided
 by section twenty-four hundred forty-four of this chapter.
   §  86.  Subdivision  1  of section 3000-a of the public health law, as
 amended by chapter 69 of the  laws  of  1994,  is  amended  to  read  as
 follows:
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   1.  Except  as provided in subdivision six of section six thousand six
 hundred eleven, subdivision two of section  six  thousand  five  hundred
 twenty-seven,  subdivision one of section six thousand nine hundred nine
 and sections six thousand five  hundred  forty-seven  and  six  thousand
 seven  hundred  thirty-seven  of  [the  education law] THIS CHAPTER, any
 person who voluntarily and without expectation of monetary  compensation
 renders  first aid or emergency treatment at the scene of an accident or
 other emergency outside a hospital, doctor's office or any  other  place
 having proper and necessary medical equipment, to a person who is uncon-
 scious,  ill,  or  injured, shall not be liable for damages for injuries
 alleged to have been sustained by such person or  for  damages  for  the
 death  of  such  person  alleged to have occurred by reason of an act or
 omission in the rendering of  such  emergency  treatment  unless  it  is
 established  that  such  injuries were or such death was caused by gross
 negligence on the part of such person. Nothing in this section shall  be
 deemed  or  construed  to  relieve a licensed physician, dentist, nurse,
 physical therapist or registered physician's  assistant  from  liability
 for  damages  for  injuries or death caused by an act or omission on the
 part of such person while rendering professional services in the  normal
 and ordinary course of his or her practice.
   §  87. Paragraph (a) of subdivision 3 and paragraph (b) of subdivision
 4 of section 3000-b of the public health law, paragraph (a) of  subdivi-
 sion  3 as amended by chapter 243 of the laws of 2010, and paragraph (b)
 of subdivision 4 as added by chapter  552  of  the  laws  of  1998,  are
 amended to read as follows:
   (a)  No  person may operate an automated external defibrillator unless
 the person has successfully completed a training course in the operation
 of an automated external defibrillator approved by  a  nationally-recog-
 nized  organization  or  the  state  emergency medical services council.
 However, this section shall  not  prohibit  operation  of  an  automated
 external  defibrillator,  (i)  by a health care practitioner licensed or
 certified under [title VIII of the education law] ARTICLE  FIFTY-ONE  OF
 THIS  CHAPTER or a person certified under this article acting within his
 or her lawful scope of practice; (ii) by a person acting pursuant  to  a
 lawful  prescription;  or  (iii)  by a person who operates the automated
 external defibrillator other than as part of or incidental to his or her
 employment or regular duties, who is acting in good faith, with  reason-
 able  care, and without expectation of monetary compensation, to provide
 first aid that includes operation of an automated  external  defibrilla-
 tor;  nor  shall  this  section  limit  any  good  samaritan protections
 provided in section three thousand-a of this article.
   (b) Operation of an automated external defibrillator pursuant to  this
 section shall not constitute the unlawful practice of a profession under
 [title VIII of the education law] ARTICLE FIFTY-ONE OF THIS CHAPTER.
   §  88.  Paragraph (c) of subdivision 2 of section 369-bb of the social
 services law, as amended by section 2 of part D of  chapter  57  of  the
 laws of 2017, is amended to read as follows:
   (c)  Two  persons  with  expertise  in drug utilization review who are
 health care professionals licensed under [Title VIII  of  the  education
 law]  ARTICLE FIFTY-ONE OF THE PUBLIC HEALTH LAW at least one of whom is
 a pharmacologist.
   § 89. Paragraph (x) of subdivision 2 of  section  496  of  the  social
 services law, as added by section 1 of part B of chapter 501 of the laws
 of 2012, is amended to read as follows:
   (x)  officers  and  employees  of  the education department and, where
 applicable, the department of health, for the purpose  of  investigating
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 charges  and maintaining professional discipline proceedings against the
 professional license of the subject of the  report  pursuant  to  [Title
 VIII  of  the education law] ARTICLE FIFTY-ONE OF THE PUBLIC HEALTH LAW,
 and to employees of the education department for the purpose of investi-
 gating  charges and maintaining good moral character proceedings against
 the teaching, school  administrator  or  school  leader  certificate  or
 license of the subject of the report; and
   § 90. Paragraph 2 of subdivision (a) of section 1212-a of the tax law,
 as  amended  by  chapter  200 of the laws of 2009, is amended to read as
 follows:
   (2) a tax, at the same uniform rate, but at a rate not to exceed  four
 and  one-half per centum, in multiples of one-half of one per centum, on
 the receipts from every sale of the following services: beauty,  barber-
 ing,  hair  restoring,  manicuring,  pedicuring,  electrolysis,  massage
 services and similar services, and every  sale  of  services  by  weight
 control  salons,  health  salons, gymnasiums, turkish and sauna bath and
 similar establishments and every charge for the use of such  facilities,
 whether or not any tangible personal property is transferred in conjunc-
 tion  therewith;  but excluding services rendered by a physician, osteo-
 path, dentist, nurse, physiotherapist, chiropractor, podiatrist, optome-
 trist, ophthalmic dispenser or  a  person  performing  similar  services
 licensed  under  [title  VIII of the education law] ARTICLE FIFTY-ONE OF
 THE PUBLIC HEALTH LAW, as amended,  and  excluding  such  services  when
 performed on pets and other animals.
   §  91.  Transfer  of  employees.  All employees of the state education
 department deemed necessary to implement this act by the division of the
 budget, in consultation with the commissioner of health, shall be trans-
 ferred to the department of health. This transfer of employees shall  be
 deemed to be a transfer of function pursuant to subdivision 2 of section
 70  of  the  civil service law. Such officers and employees of the state
 education department shall be transferred without further examination or
 qualification, and shall retain their respective civil  service  classi-
 fication, status and bargaining unit representation.
   §  92. This act shall take effect on January 1, 2024; provided however
 that:
   (a) effective immediately, the department  of  health  and  the  state
 education  department are authorized to adopt, repeal, or amend any rule
 or regulation necessary to effectuate the provisions of this  act  prior
 to its effective date;
   (b)  the amendments to paragraph (y) of subdivision 2 of section 2999-
 cc of the public health law made by section twenty-six of this act shall
 not affect the expiration of such paragraph  and  shall  expire  and  be
 deemed repealed therewith;
   (c)  the  amendments  to section 3368 of the public health law made by
 section forty-six-a of this act shall not affect the expiration of  such
 subdivision and shall be deemed repealed therewith;
   (d)  that  if  chapter  815  of  the laws of 2022 shall not have taken
 effect on or before such date then section fifty-six of this  act  shall
 take  effect  on the same date and in the same manner as such chapter of
 the laws of 2022, takes effect;
   (e) the amendments to subparagraph (vi) of paragraph 1 of  subdivision
 (e)  of  section  9.60  of the mental hygiene law made by section fifty-
 eight of this act shall not affect the repeal of such section and  shall
 be deemed repealed therewith; and
   (f)  the  amendments  to clause (E) of subparagraph (iii) of paragraph
 (a) of subdivision 4 of section 364-j of the social services law made by
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 section sixty-eight of this act shall not  affect  the  repeal  of  such
 section and shall be deemed repealed therewith.
 
                                  PART DD
 
   Section  1. 1. Subject to available appropriations and approval of the
 director of the budget,  the  commissioners  of  the  office  of  mental
 health,  office  for  people  with developmental disabilities, office of
 addiction services and supports,  office  of  temporary  and  disability
 assistance, office of children and family services, and the state office
 for the aging shall establish a state fiscal year 2023-24 cost of living
 adjustment  (COLA),  effective  April  1,  2023,  for projecting for the
 effects of inflation upon rates of payments,  contracts,  or  any  other
 form of reimbursement for the programs and services listed in paragraphs
 (i),  (ii),  (iii),  (iv),  (v),  and  (vi)  of subdivision four of this
 section.  The COLA established herein shall be applied to the  appropri-
 ate  portion  of reimbursable costs or contract amounts. Where appropri-
 ate, transfers to the department  of  health  (DOH)  shall  be  made  as
 reimbursement for the state share of medical assistance.
   2.  Notwithstanding  any inconsistent provision of law, subject to the
 approval of the director of  the  budget  and  available  appropriations
 therefore,  for  the period of April 1, 2023 through March 31, 2024, the
 commissioners shall provide funding to support  a  two  and  five-tenths
 percent  (2.5%)  cost  of  living  adjustment under this section for all
 eligible programs and services as  determined  pursuant  to  subdivision
 four of this section.
   3.  Notwithstanding any inconsistent provision of law, and as approved
 by the director of the budget, the 2.5 percent cost of living adjustment
 (COLA) established herein shall be inclusive of all other cost of living
 type increases, inflation factors,  or  trend  factors  that  are  newly
 applied  effective  April  1, 2023.   Except for the 2.5 percent cost of
 living adjustment (COLA) established herein, for the  period  commencing
 on  April  1, 2023 and ending March 31, 2024 the commissioners shall not
 apply any other new cost of living adjustments for the purpose of estab-
 lishing rates of payments, contracts or any other form of reimbursement.
 The phrase "all other cost of living type increases, inflation  factors,
 or  trend  factors"  as  defined  in  this subdivision shall not include
 payments made pursuant to the American Rescue Plan Act or other  federal
 relief  programs  related  to  the  Coronavirus  Disease 2019 (COVID-19)
 pandemic Public Health Emergency.   This subdivision shall  not  prevent
 the  office  of  children  and  family services from applying additional
 trend factors or  staff  retention  factors  to  eligible  programs  and
 services under paragraph (v) of subdivision four of this section.
   4.  Eligible  programs and services. (i) Programs and services funded,
 licensed, or certified by the office of mental health (OMH) eligible for
 the cost  of  living  adjustment  established  herein,  pending  federal
 approval  where  applicable,  include:  office of mental health licensed
 outpatient programs, pursuant to parts 587 and 599 of title 14 CRR-NY of
 the office of mental health regulations including clinic, continuing day
 treatment, day treatment,  intensive  outpatient  programs  and  partial
 hospitalization;   outreach;  crisis  residence;  crisis  stabilization,
 crisis/respite beds; mobile crisis, part 590  comprehensive  psychiatric
 emergency  program  services;  crisis  intervention;  home  based crisis
 intervention; family care; supported single  room  occupancy;  supported
 housing;  supported  housing  community  services; treatment congregate;
 supported  congregate;  community  residence  -  children   and   youth;
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 treatment/apartment;  supported  apartment;  community  residence single
 room occupancy; on-site rehabilitation; employment programs; recreation;
 respite care; transportation;  psychosocial  club;  assertive  community
 treatment;  case  management;  care  coordination, including health home
 plus services; local  government  unit  administration;  monitoring  and
 evaluation;  children  and  youth  vocational  services; single point of
 access; school-based mental health program; family support children  and
 youth;  advocacy/support  services;  drop  in centers; recovery centers;
 transition management services; bridger; home and community based waiver
 services; behavioral health waiver services authorized pursuant  to  the
 section  1115  MRT waiver; self-help programs; consumer service dollars;
 conference of local mental hygiene directors; multicultural  initiative;
 ongoing  integrated  supported employment services; supported education;
 mentally  ill/chemical  abuse  (MICA)  network;  personalized   recovery
 oriented  services;  children and family treatment and support services;
 residential treatment facilities operating pursuant to part 584 of title
 14-NYCRR;  geriatric  demonstration  programs;  community-based   mental
 health  family  treatment  and  support;  coordinated children's service
 initiative; homeless services; and promises zone.
   (ii) Programs and services  funded,  licensed,  or  certified  by  the
 office  for  people with developmental disabilities (OPWDD) eligible for
 the cost  of  living  adjustment  established  herein,  pending  federal
 approval  where applicable, include: local/unified services; chapter 620
 services; voluntary operated community residential services; article  16
 clinics;  day  treatment  services;  family  support  services; 100% day
 training; epilepsy services; traumatic brain injury services;  hepatitis
 B  services;  independent  practitioner  services  for  individuals with
 intellectual and/or  developmental  disabilities;  crisis  services  for
 individuals  with intellectual and/or developmental disabilities; family
 care  residential  habilitation;  supervised  residential  habilitation;
 supportive residential habilitation; respite; day habilitation; prevoca-
 tional  services; supported employment; community habilitation; interme-
 diate care facility day and residential  services;  specialty  hospital;
 pathways  to  employment;  intensive behavioral services; basic home and
 community based services  (HCBS)  plan  support;  health  home  services
 provided   by  care  coordination  organizations;  community  transition
 services; family education and training;  fiscal  intermediary;  support
 broker; and personal resource accounts.
   (iii)  Programs  and  services  funded,  licensed, or certified by the
 office of addiction services and supports (OASAS) eligible for the  cost
 of  living adjustment established herein, pending federal approval where
 applicable, include: medically supervised withdrawal services - residen-
 tial; medically supervised withdrawal services -  outpatient;  medically
 managed  detoxification; medically monitored withdrawal; inpatient reha-
 bilitation services; outpatient  opioid  treatment;  residential  opioid
 treatment; KEEP units outpatient; residential opioid treatment to absti-
 nence;  problem  gambling  treatment;  medically  supervised outpatient;
 outpatient  rehabilitation;   specialized   services   substance   abuse
 programs;  home and community based waiver services pursuant to subdivi-
 sion 9 of section 366 of the social services law;  children  and  family
 treatment and support services; continuum of care rental assistance case
 management;  NY/NY  III  post-treatment  housing;  NY/NY III housing for
 persons at risk for homelessness;  permanent  supported  housing;  youth
 clubhouse;  recovery  community  centers;  recovery community organizing
 initiative; residential rehabilitation services for youth (RRSY); inten-
 sive residential; community residential; supportive living;  residential
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 services;  job  placement  initiative;  case  management; family support
 navigator; local government unit administration; peer engagement;  voca-
 tional   rehabilitation;   support   services;  HIV  early  intervention
 services; dual diagnosis coordinator; problem gambling resource centers;
 problem   gambling  prevention;  prevention  resource  centers;  primary
 prevention services; other prevention services; and community services.
   (iv) Programs and services  funded,  licensed,  or  certified  by  the
 office  of  temporary  and disability assistance (OTDA) eligible for the
 cost of living adjustment established herein, pending  federal  approval
 where  applicable,  include:  nutrition  outreach  and education program
 (NOEP).
   (v) Programs and services funded, licensed, or certified by the office
 of children and family services (OCFS) eligible for the cost  of  living
 adjustment  established  herein, pending federal approval where applica-
 ble, include: programs for which  the  office  of  children  and  family
 services  establishes  maximum state aid rates pursuant to section 398-a
 of the social services law and section 4003 of the education law;  emer-
 gency  foster homes; foster family boarding homes and therapeutic foster
 homes; supervised settings  as  defined  by  subdivision  twenty-two  of
 section  371  of  the  social  services  law; adoptive parents receiving
 adoption subsidy pursuant to section 453 of the social services law; and
 congregate and scattered  supportive  housing  programs  and  supportive
 services  provided  under  the NY/NY III supportive housing agreement to
 young adults leaving or having recently left foster care.
   (vi) Programs and services funded, licensed, or certified by the state
 office for the aging (SOFA) eligible for the cost of  living  adjustment
 established  herein, pending federal approval where applicable, include:
 community services for the elderly; expanded in-home  services  for  the
 elderly; and supplemental nutrition assistance program.
   5.  Each  local  government unit or direct contract provider receiving
 funding for the cost  of  living  adjustment  established  herein  shall
 submit  a  written  certification, in such form and at such time as each
 commissioner shall prescribe, attesting how such funding will be or  was
 used  to  first  promote  the recruitment and retention of non-executive
 direct care staff, non-executive direct support professionals,  non-exe-
 cutive clinical staff, or respond to other critical non-personal service
 costs prior to supporting any salary increases or other compensation for
 executive level job titles.
   6.  Notwithstanding any inconsistent provision of law to the contrary,
 agency commissioners shall be authorized to recoup funding from a  local
 governmental  unit  or  direct  contract provider for the cost of living
 adjustment established herein determined to have been used in  a  manner
 inconsistent  with  the  appropriation,  or  any other provision of this
 section. Such agency commissioners shall be  authorized  to  employ  any
 legal mechanism to recoup such funds, including an offset of other funds
 that are owed to such local governmental unit or direct contract provid-
 er.
   §  2.  This  act  shall take effect immediately and shall be deemed to
 have been in full force and effect on and after April 1, 2023.
 
                                  PART EE

   Section 1. Subdivision 1-a of section 84 of part A of  chapter  56  of
 the laws of 2013, amending the social services law and other laws relat-
 ing  to enacting the major components of legislation necessary to imple-
 ment the health and mental hygiene budget for the 2013-2014 state fiscal
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 year, as amended by section 9 of part Z of chapter 57  of  the  laws  of
 2018, is amended to read as follows:
   1-a.  sections  seventy-three  through  eighty-a  shall  expire and be
 deemed repealed September 30, [2023] 2028;
   § 2. This act shall take effect immediately.
 
                                  PART FF
 
   Section 1. Subparagraph (v) of  paragraph  (a)  of  subdivision  1  of
 section  6908 of the education law is renumbered subparagraph (vi) and a
 new subparagraph (v) is added to read as follows:
   (V) TASKS PROVIDED BY A DIRECT SUPPORT  STAFF  IN  NON-FACILITY  BASED
 PROGRAMS CERTIFIED, AUTHORIZED OR APPROVED BY THE OFFICE FOR PEOPLE WITH
 DEVELOPMENTAL DISABILITIES, SO LONG AS SUCH STAFF DO NOT HOLD HIMSELF OR
 HERSELF  OUT  AS  ONE  WHO ACCEPTS EMPLOYMENT SOLELY FOR PERFORMING SUCH
 CARE, AND WHERE NURSING SERVICES ARE UNDER THE INSTRUCTION OF A  SERVICE
 RECIPIENT  OR  FAMILY  OR  HOUSEHOLD  MEMBER  DETERMINED BY A REGISTERED
 PROFESSIONAL NURSE TO BE CAPABLE OF PROVIDING SUCH INSTRUCTION.  IN  THE
 EVENT  THAT  THE REGISTERED NURSE DETERMINES THAT THE SERVICE RECIPIENT,
 FAMILY, OR HOUSEHOLD MEMBER IS NOT CAPABLE OF  PROVIDING  SUCH  INSTRUC-
 TION, NURSING TASKS MAY BE PERFORMED BY DIRECT SUPPORT STAFF PURSUANT TO
 SUBPARAGRAPH  (VI)  OF  THIS  PARAGRAPH  SUBJECT TO THE REQUIREMENTS SET
 FORTH THEREIN; OR
   § 2. This act shall take effect immediately.
 
                                  PART GG
 
   Section 1. Section 7.07 of the mental hygiene law is amended by adding
 a new subdivision (i) to read as follows:
   (I) THE OFFICE SHALL FOSTER PROGRAMS FOR THE TRAINING AND  DEVELOPMENT
 OF  PERSONS  CAPABLE  OF PROVIDING THE FOLLOWING SERVICES, INCLUDING BUT
 NOT LIMITED  TO  A  PROCESS  OF  ISSUING,  EITHER  DIRECTLY  OR  THROUGH
 CONTRACT,  CREDENTIALS FOR QUALIFIED MENTAL HEALTH ASSOCIATES IN ACCORD-
 ANCE WITH THE FOLLOWING:
   (1) THE OFFICE SHALL ESTABLISH MINIMUM  QUALIFICATIONS  FOR  QUALIFIED
 MENTAL  HEALTH  ASSOCIATES  IN  ALL  PHASES  OF  DELIVERY OF SERVICES TO
 PERSONS WHO ARE SUFFERING FROM MENTAL HEALTH ISSUES, AS  WELL  AS  THEIR
 FAMILIES,  THAT  SHALL  INCLUDE,  BUT  NOT  BE LIMITED TO, COMPLETION OF
 APPROVED COURSES OF STUDY OR EQUIVALENT ON-THE-JOB EXPERIENCE IN WORKING
 WITH INDIVIDUALS WHO SUFFER FROM MENTAL ILLNESS. SUCH  APPROVED  COURSES
 OF  STUDY  OR EQUIVALENT ON-THE-JOB EXPERIENCE SHALL INCLUDE, BUT NOT BE
 LIMITED TO, PROVIDING TRAUMA-INFORMED, PATIENT-CENTERED CARE;  REFERRING
 INDIVIDUALS   TO  APPROPRIATE  TREATMENTS  FOR  CO-OCCURRING  DISORDERS;
 IMPLICIT BIAS TRAINING, AND BEST PRACTICE APPROACHES TO  SERVING  MARGI-
 NALIZED AND MINORITY POPULATIONS. SUCH COURSES SHALL BE UPDATED AS NEED-
 ED  TO REFLECT EVOLVING BEST PRACTICES IN TREATMENT AND LONG-TERM RECOV-
 ERY.  FOR THE PURPOSES OF THIS  SUBDIVISION,  THE  TERM  "IMPLICIT  BIAS
 TRAINING"  SHALL  MEAN A FORM OF TRAINING WITH THE GOAL OF MAKING PEOPLE
 MORE AWARE OF THEIR OWN BIASES, FOR THE PURPOSE OF  ENSURING  EQUITY  IN
 CARE DELIVERY.
   (2)  THE  OFFICE  SHALL  ESTABLISH PROCEDURES FOR ISSUING, DIRECTLY OR
 THROUGH CONTRACT, CREDENTIALS TO ASSOCIATES WHO MEET MINIMUM  QUALIFICA-
 TIONS,  INCLUDING  THE  ESTABLISHMENT  OF  APPROPRIATE  FEES,  AND SHALL
 FURTHER ESTABLISH PROCEDURES TO SUSPEND, REVOKE, OR ANNUL  SUCH  CREDEN-
 TIALS  FOR  GOOD  CAUSE.    SUCH  PROCEDURES SHALL BE PROMULGATED BY THE
 COMMISSIONER BY RULE OR REGULATION.
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   (3) THE COMMISSIONER SHALL ESTABLISH A CREDENTIALING BOARD WHICH SHALL
 PROVIDE ADVICE CONCERNING THE CREDENTIALING PROCESS UNDER THIS  SUBDIVI-
 SION.
   (4)  NO  PERSON  SHALL USE THE TITLE QUALIFIED MENTAL HEALTH ASSOCIATE
 UNLESS AUTHORIZED PURSUANT TO THIS SUBDIVISION.
   (5) FAILURE TO COMPLY WITH THE REQUIREMENTS OF THIS SUBDIVISION  SHALL
 CONSTITUTE A VIOLATION AS DEFINED IN THE PENAL LAW.
   § 2. Section 7.03 of the mental hygiene law is amended by adding a new
 subdivision 3 to read as follows:
   3.  "QUALIFIED  MENTAL  HEALTH  ASSOCIATE" OR "QMHA" MEANS AN OFFICIAL
 DESIGNATION IDENTIFYING AN INDIVIDUAL  AS  ONE  WHO  HOLDS  A  CURRENTLY
 REGISTERED AND VALID CREDENTIAL ISSUED BY THE OFFICE PURSUANT TO SECTION
 7.07  OF  THIS ARTICLE WHICH DOCUMENTS AN INDIVIDUAL'S QUALIFICATIONS TO
 PROVIDE COUNSELING  AND  SUPPORTIVE  ASSISTANCE  TO  THOSE  WITH  MENTAL
 ILLNESS.
   §  3.  Paragraph (a) of subdivision 5 of section 7706 of the education
 law, as added by chapter 420 of the laws of 2002, is amended to read  as
 follows:
   (a) any individual who is credentialed under any law, including attor-
 neys,  rape  crisis  counselors,  credentialed  alcoholism and substance
 abuse counselors, AND QUALIFIED MENTAL HEALTH ASSOCIATES AS  DEFINED  BY
 SECTION  7.03 OF THE MENTAL HYGIENE LAW whose scope of practice includes
 the practices defined in section seventy-seven hundred one of this arti-
 cle from performing or claiming to perform work authorized by applicable
 provisions of this chapter and the mental hygiene law;
   § 4. Subdivision 2 of section 8410 of the education law, as  added  by
 chapter 676 of the laws of 2002, is amended to read as follows:
   2. Prohibit or limit any individual who is credentialed under any law,
 including  attorneys, rape crisis counselors, certified alcoholism coun-
 selors [and], certified substance abuse counselors, AND QUALIFIED MENTAL
 HEALTH ASSOCIATES AS DEFINED BY SECTION 7.03 OF THE MENTAL  HYGIENE  LAW
 from  providing  mental  health  services within their respective estab-
 lished authorities.
   § 5. This act shall take effect immediately.
 
                                  PART HH
 
   Section 1. Sections 36.01, 36.02 and 36.03 of the mental  hygiene  law
 are  renumbered  sections 36.02, 36.03 and 36.04 and a new section 36.01
 is added to read as follows:
 § 36.01 GENERAL APPLICABILITY.
   THE OFFICE OF MENTAL HEALTH AND THE OFFICE OF ADDICTION  SERVICES  AND
 SUPPORTS  SHALL  BE  AUTHORIZED TO RECEIVE FROM THE DIVISION OF CRIMINAL
 JUSTICE SERVICES CRIMINAL HISTORY INFORMATION, AS SUCH TERM  IS  DEFINED
 IN   PARAGRAPH   (C)   OF  SUBDIVISION  ONE  OF  SECTION  EIGHT  HUNDRED
 FORTY-FIVE-B OF THE EXECUTIVE LAW, CONCERNING EACH  APPLICANT  TO  BE  A
 PROVIDER OF SERVICES OR OPERATOR OF SUCH PROVIDER OF SERVICES, AND SHALL
 SECURELY EXCHANGE INFORMATION WITH CONFIDENTIALITY BETWEEN THE OFFICE OF
 MENTAL  HEALTH  AND  THE  OFFICE  OF  ADDICTION SERVICES AND SUPPORTS TO
 FACILITATE A SINGLE CRIMINAL HISTORY INFORMATION PROCESS  FOR  PROVIDERS
 OF  SERVICES  LICENSED, CERTIFIED, OR OTHERWISE AUTHORIZED JOINTLY OR BY
 BOTH OF THE OFFICES PURSUANT TO THIS ARTICLE OR ARTICLES THIRTY-ONE  AND
 THIRTY-TWO OF THIS TITLE.
   §  2.  The  mental  hygiene  law is amended by adding two new sections
 36.05 and 36.06 to read as follows:
 § 36.05 CERTIFIED COMMUNITY BEHAVIORAL HEALTH CLINICS.
 S. 4007--A                         527                        A. 3007--A
 
   (A) THE COMMISSIONERS ARE  AUTHORIZED  TO  JOINTLY  CERTIFY  COMMUNITY
 BEHAVIORAL  HEALTH  CLINICS,  SUBJECT  TO  THE AVAILABILITY OF STATE AND
 FEDERAL FUNDING.
   (B)  CERTIFIED COMMUNITY BEHAVIORAL HEALTH CLINICS SHALL PROVIDE COOR-
 DINATED, COMPREHENSIVE BEHAVIORAL HEALTH CARE, INCLUDING  MENTAL  HEALTH
 AND  ADDICTION  SERVICES,  PRIMARY  CARE  SCREENING, AND CASE MANAGEMENT
 SERVICES, IN ACCORDANCE WITH CERTIFIED COMMUNITY BEHAVIORAL HEALTH CLIN-
 IC STANDARDS ESTABLISHED BY THE UNITED STATES DEPARTMENT OF  HEALTH  AND
 HUMAN SERVICES SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES ADMINISTRATION
 AND  THE  COMMISSIONERS OF THE OFFICE OF MENTAL HEALTH AND THE OFFICE OF
 ADDICTION SERVICES AND SUPPORTS.
   (C) THE COMMISSIONERS SHALL REQUIRE EACH PROPOSED CERTIFIED  COMMUNITY
 BEHAVIORAL  HEALTH  CLINIC  TO SUBMIT A PLAN, WHICH SHALL BE APPROVED BY
 THE COMMISSIONERS PRIOR TO THE  ISSUANCE  OF  AN  OPERATING  CERTIFICATE
 PURSUANT TO THIS ARTICLE.  SUCH PLAN SHALL INCLUDE:
   (1)  A DESCRIPTION OF THE CLINIC'S CHARACTER AND COMPETENCY TO PROVIDE
 CERTIFIED COMMUNITY BEHAVIORAL HEALTH CLINIC SERVICES ACROSS THE  LIFES-
 PAN,  INCLUDING  HOW THE CLINIC WILL ENSURE ACCESS TO CRISIS SERVICES AT
 ALL TIMES AND ACCEPT ALL PATIENTS REGARDLESS OF ABILITY TO PAY;
   (2) A DESCRIPTION OF THE CLINIC'S CATCHMENT AREA;
   (3) A STATEMENT INDICATING THAT THE CLINIC HAS  BEEN  INCLUDED  IN  AN
 APPROVED  LOCAL SERVICES PLAN DEVELOPED PURSUANT TO ARTICLE FORTY-ONE OF
 THIS CHAPTER FOR EACH  LOCAL  GOVERNMENT  LOCATED  WITHIN  THE  CLINIC'S
 CATCHMENT AREA;
   (4)  WHERE EXECUTED, AGREEMENTS ESTABLISHING FORMAL RELATIONSHIPS WITH
 DESIGNATED COLLABORATING  ORGANIZATIONS  TO  PROVIDE  CERTAIN  CERTIFIED
 COMMUNITY  BEHAVIORAL  HEALTH  CLINIC SERVICES, CONSISTENT WITH GUIDANCE
 ISSUED BY THE UNITED STATES DEPARTMENT  OF  HEALTH  AND  HUMAN  SERVICES
 SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES ADMINISTRATION AND THE OFFICE
 OF MENTAL HEALTH AND THE OFFICE OF ADDICTION SERVICES AND SUPPORTS;
   (5)  A  STAFFING PLAN DRIVEN BY LOCAL NEEDS ASSESSMENT, LICENSING, AND
 TRAINING TO SUPPORT SERVICE DELIVERY;
   (6) A DESCRIPTION OF THE  CLINIC'S  DATA-DRIVEN  APPROACH  TO  QUALITY
 IMPROVEMENT;
   (7)  A  DESCRIPTION  OF HOW CONSUMERS ARE REPRESENTED IN GOVERNANCE OF
 THE CLINIC;
   (8) ALL FINANCIAL INFORMATION IN THE FORM AND FORMAT REQUIRED  BY  THE
 OFFICE  OF  MENTAL  HEALTH  AND  THE  OFFICE  OF  ADDICTION SERVICES AND
 SUPPORTS; AND
   (9) ANY OTHER INFORMATION OR AGREEMENTS REQUIRED BY THE COMMISSIONERS.
   (D) WHERE A CERTIFIED COMMUNITY  BEHAVIORAL  HEALTH  CLINIC  HAS  BEEN
 ESTABLISHED  AND  IS PARTICIPATING ON THE EFFECTIVE DATE OF THIS SECTION
 IN THE FEDERAL  CERTIFIED  COMMUNITY  BEHAVIORAL  HEALTH  CLINIC  DEMON-
 STRATION  AWARDED TO THE STATE BY THE UNITED STATES DEPARTMENT OF HEALTH
 AND HUMAN SERVICES SUBSTANCE ABUSE AND MENTAL HEALTH  SERVICES  ADMINIS-
 TRATION,  THE  PREVIOUSLY  ESTABLISHED CLINIC MAY BE CERTIFIED WHERE THE
 CLINIC DEMONSTRATES COMPLIANCE WITH THE CERTIFICATION  STANDARDS  ESTAB-
 LISHED PURSUANT TO THIS ARTICLE.
   (E)  THE  COMMISSIONERS SHALL PROMULGATE ANY RULE OR REGULATION NECES-
 SARY TO EFFECTUATE THIS SECTION.
 § 36.06 CERTIFIED COMMUNITY  BEHAVIORAL  HEALTH  CLINICS  INDIGENT  CARE
           PROGRAM.
   (A)  (1)  FOR  PERIODS  ON  AND AFTER JULY FIRST, TWO THOUSAND TWENTY-
 THREE, THE COMMISSIONERS ARE AUTHORIZED  TO  MAKE  PAYMENT  TO  ELIGIBLE
 CERTIFIED  COMMUNITY  BEHAVIORAL  HEALTH CLINICS, TO THE EXTENT OF FUNDS
 APPROPRIATED THEREFOR TO ASSIST IN MEETING LOSSES RESULTING FROM  UNCOM-
 S. 4007--A                         528                        A. 3007--A
 
 PENSATED  CARE.    IN  THE  EVENT FEDERAL FINANCIAL PARTICIPATION IS NOT
 AVAILABLE FOR SUCH PAYMENTS TO ELIGIBLE CERTIFIED  COMMUNITY  BEHAVIORAL
 HEALTH  CLINICS, PAYMENTS SHALL BE MADE SOLELY ON THE BASIS OF AVAILABLE
 STATE  GENERAL  FUND  APPROPRIATIONS  FOR  THIS PURPOSE IN AMOUNTS TO BE
 DETERMINED BY THE DIRECTOR OF THE DIVISION OF THE BUDGET.
   (2) FOR PURPOSES OF THIS SECTION, "ELIGIBLE CERTIFIED COMMUNITY BEHAV-
 IORAL HEALTH CLINICS" SHALL MEAN VOLUNTARY NON-PROFIT CERTIFIED COMMUNI-
 TY BEHAVIORAL HEALTH CLINICS  PARTICIPATING  IN  THE  FEDERAL  CERTIFIED
 COMMUNITY BEHAVIORAL HEALTH CLINIC DEMONSTRATION AWARDED TO THE STATE BY
 THE  UNITED  STATES  DEPARTMENT  OF  HEALTH AND HUMAN SERVICES SUBSTANCE
 ABUSE AND MENTAL HEALTH  SERVICES  ADMINISTRATION  AND  OTHER  CERTIFIED
 COMMUNITY  BEHAVIORAL HEALTH CLINICS CERTIFIED PURSUANT TO SECTION 36.05
 OF THIS ARTICLE, WHICH DEMONSTRATE THAT A MINIMUM OF  THREE  PERCENT  OF
 TOTAL  VISITS REPORTED DURING THE APPLICABLE BASE YEAR PERIOD, AS DETER-
 MINED BY THE COMMISSIONERS, WERE TO UNINSURED INDIVIDUALS.
   (3) FOR PURPOSES OF THIS SECTION, "LOSSES RESULTING FROM UNCOMPENSATED
 CARE" SHALL MEAN LOSSES FROM REPORTED SELF-PAY AND  FREE  VISITS  MULTI-
 PLIED BY THE CLINIC'S MEDICAL ASSISTANCE PAYMENT RATE FOR THE APPLICABLE
 DISTRIBUTION YEAR, OFFSET BY PAYMENTS RECEIVED FROM SUCH PATIENTS DURING
 THE REPORTING PERIOD.
   (B)  A  CERTIFIED  COMMUNITY BEHAVIORAL HEALTH CLINIC QUALIFYING FOR A
 DISTRIBUTION PURSUANT TO THIS SECTION SHALL PROVIDE ASSURANCES SATISFAC-
 TORY TO THE COMMISSIONERS THAT IT SHALL UNDERTAKE REASONABLE EFFORTS  TO
 MAINTAIN FINANCIAL SUPPORT FROM COMMUNITY AND PUBLIC FUNDING SOURCES AND
 REASONABLE  EFFORTS  TO  COLLECT  PAYMENTS FOR SERVICES FROM THIRD-PARTY
 INSURANCE PAYORS, GOVERNMENTAL PAYORS AND SELF-PAYING PATIENTS.
   (C) (1) FUNDING PURSUANT TO THIS SECTION SHALL BE ALLOCATED TO  ELIGI-
 BLE  CERTIFIED  COMMUNITY  BEHAVIORAL  HEALTH  CLINICS  BASED ON ACTUAL,
 REPORTED LOSSES RESULTING FROM UNCOMPENSATED CARE IN A GIVEN  BASE  YEAR
 PERIOD  AND SHALL NOT EXCEED ONE HUNDRED PERCENT OF AN ELIGIBLE CLINIC'S
 LOSSES IN THE SAME PERIOD.
   (2) IF THE SUM OF ACTUAL, REPORTED LOSSES RESULTING FROM UNCOMPENSATED
 CARE FOR ALL CERTIFIED COMMUNITY BEHAVIORAL HEALTH CLINICS  EXCEEDS  THE
 AMOUNT APPROPRIATED THEREFOR IN A GIVEN BASE YEAR PERIOD, ALLOCATIONS OF
 FUNDS  FOR  EACH  ELIGIBLE  CERTIFIED COMMUNITY BEHAVIORAL HEALTH CLINIC
 SHALL BE ASSESSED PROPORTIONATELY BASED UPON THE PERCENTAGE OF THE TOTAL
 NUMBER OF UNCOMPENSATED CARE VISITS FOR ALL  CLINICS  THAT  EACH  CLINIC
 PROVIDED  DURING THE BASE YEAR AND SHALL NOT EXCEED AMOUNTS APPROPRIATED
 IN THE AGGREGATE.
   (D) EXCEPT AS PROVIDED IN SUBDIVISION (E) OF THIS SECTION, FOR PERIODS
 ON AND AFTER JULY FIRST, TWO THOUSAND TWENTY-THREE THROUGH JUNE  THIRTI-
 ETH, TWO THOUSAND TWENTY-SIX, FUNDS SHALL BE MADE AVAILABLE FOR PAYMENTS
 PURSUANT  TO  THIS  SECTION  FOR ELIGIBLE CERTIFIED COMMUNITY BEHAVIORAL
 HEALTH CLINICS FOR THE FOLLOWING  PERIODS  IN  THE  FOLLOWING  AGGREGATE
 AMOUNTS:
   (1)  FOR  THE  PERIOD OF JULY FIRST, TWO THOUSAND TWENTY-THREE THROUGH
 JUNE THIRTIETH, TWO THOUSAND TWENTY-FOUR, UP TO TWENTY-TWO MILLION  FIVE
 HUNDRED THOUSAND DOLLARS;
   (2)  FOR  THE  PERIOD  OF JULY FIRST, TWO THOUSAND TWENTY-FOUR THROUGH
 JUNE THIRTIETH, TWO THOUSAND TWENTY-FIVE, UP TO  FORTY-ONE  MILLION  TWO
 HUNDRED FIFTY THOUSAND DOLLARS; AND
   (3)  FOR  THE  PERIOD  OF JULY FIRST, TWO THOUSAND TWENTY-FIVE THROUGH
 JUNE THIRTIETH,  TWO  THOUSAND  TWENTY-SIX,  UP  TO  FORTY-FIVE  MILLION
 DOLLARS.
   (E) IN THE EVENT THAT FEDERAL FINANCIAL PARTICIPATION IS NOT AVAILABLE
 FOR  RATE  ADJUSTMENTS  PURSUANT  TO  THIS  SECTION, FUNDS AVAILABLE FOR
 S. 4007--A                         529                        A. 3007--A

 PAYMENTS PURSUANT TO THIS SECTION FOR EACH ELIGIBLE CERTIFIED  COMMUNITY
 BEHAVIORAL  HEALTH  CLINIC  SHALL  BE  LIMITED  TO THE NON-FEDERAL SHARE
 EQUIVALENT OF THE AMOUNTS SPECIFIED IN SUBDIVISION (D) OF THIS SECTION.
   (F)  ELIGIBLE  CERTIFIED COMMUNITY BEHAVIORAL HEALTH CLINICS RECEIVING
 FUNDING UNDER THIS SECTION SHALL NOT BE ELIGIBLE FOR COMPREHENSIVE DIAG-
 NOSTIC AND TREATMENT CENTERS INDIGENT CARE PROGRAM FUNDING  PURSUANT  TO
 SECTION TWO THOUSAND EIGHT HUNDRED SEVEN-P OF THE PUBLIC HEALTH LAW.
   (G)  THE  COMMISSIONERS MAY REQUIRE FACILITIES RECEIVING DISTRIBUTIONS
 PURSUANT TO THIS  SECTION  AS  A  CONDITION  OF  PARTICIPATING  IN  SUCH
 DISTRIBUTIONS,  TO  PROVIDE  REPORTS  AND  DATA  TO THE OFFICE OF MENTAL
 HEALTH AND THE OFFICE OF ADDICTION SERVICES AND SUPPORTS AS THE  COMMIS-
 SIONERS  DEEM  NECESSARY  TO ADEQUATELY IMPLEMENT THE PROVISIONS OF THIS
 SECTION.
   § 3. This act shall take effect immediately.
 
                                  PART II
 
   Section 1. This Part enacts into law major components  of  legislation
 relating  to improving access to behavioral health services. Each compo-
 nent is wholly contained within  a  Subpart  identified  as  Subparts  A
 through  F.  The  effective date for each particular provision contained
 within such Subpart is set forth in the last section  of  such  Subpart.
 Any  provision  in any section contained within a Subpart, including the
 effective date of the Subpart, which makes reference to  a  section  "of
 this act", when used in connection with that particular component, shall
 be  deemed to mean and refer to the corresponding section of the Subpart
 in which it is found. Section three of this act sets forth  the  general
 effective date of this Part.
 
                                 SUBPART A
 
   Section  1. Item (i) of subparagraph (A) of paragraph 35 of subsection
 (i) of section 3216 of the insurance law, as amended by chapter  818  of
 the laws of 2022, is amended to read as follows:
   (i)  where  the  policy provides coverage for inpatient hospital care,
 such policy shall include benefits: for inpatient care in a hospital  as
 defined  by  subdivision  ten  of section 1.03 of the mental hygiene law
 [and benefits for]; SUB-ACUTE CARE IN A MEDICALLY-MONITORED  RESIDENTIAL
 FACILITY  LICENSED,  OPERATED,  OR OTHERWISE AUTHORIZED BY THE OFFICE OF
 MENTAL HEALTH; outpatient care provided [in] BY  a  facility  issued  an
 operating  certificate  by the commissioner of mental health pursuant to
 the provisions of article thirty-one of the  mental  hygiene  law[,]  or
 [in]  BY  a  facility  operated by the office of mental health[, or in];
 OUTPATIENT CARE PROVIDED  BY  a  crisis  stabilization  center  licensed
 pursuant  to section 36.01 of the mental hygiene law[,]; OUTPATIENT CARE
 PROVIDED BY A MOBILE CRISIS  INTERVENTION  SERVICES  PROVIDER  LICENSED,
 CERTIFIED,  OR  AUTHORIZED  BY  THE  OFFICE  OF MENTAL HEALTH, OFFICE OF
 ADDICTION SERVICES AND SUPPORTS, OFFICE OF CHILDREN AND FAMILY SERVICES,
 OR DEPARTMENT OF HEALTH; OUTPATIENT CARE FOR CARE COORDINATION SERVICES,
 CRITICAL TIME INTERVENTION SERVICES, AND ASSERTIVE  COMMUNITY  TREATMENT
 SERVICES,  PROVIDED  BY  FACILITIES  LICENSED,  OPERATED,  OR  OTHERWISE
 AUTHORIZED BY THE OFFICE OF MENTAL HEALTH, FOLLOWING  DISCHARGE  FROM  A
 HOSPITAL  AS  DEFINED  BY  SUBDIVISION TEN OF SECTION 1.03 OF THE MENTAL
 HYGIENE LAW OR THE EMERGENCY DEPARTMENT OF A HOSPITAL LICENSED  PURSUANT
 TO  ARTICLE TWENTY-EIGHT OF THE PUBLIC HEALTH LAW; or, for care provided
 S. 4007--A                         530                        A. 3007--A
 
 in other states, to similarly  licensed  or  certified  hospitals  [or],
 facilities, OR PROVIDERS; and
   §  2.  Items  (iii)  and  (iv)  of subparagraph (E) of paragraph 35 of
 subsection (i) of section 3216 of the insurance law, as added by section
 8 of subpart A of part BB of chapter 57 of the laws of 2019, are amended
 and two new items (v) and (vi) are added to read as follows:
   (iii) "treatment limitation" means limits on the frequency  of  treat-
 ment, number of visits, days of coverage, or other similar limits on the
 scope  or  duration  of treatment and includes nonquantitative treatment
 limitations such as: medical management standards limiting or  excluding
 benefits  based  on medical necessity, or based on whether the treatment
 is experimental or investigational; formulary  design  for  prescription
 drugs;  network tier design; standards for provider admission to partic-
 ipate in a network, including reimbursement rates; methods for determin-
 ing usual, customary, and reasonable charges; fail-first or step therapy
 protocols; exclusions based on failure to complete a  course  of  treat-
 ment;  and  restrictions  based  on  geographic location, facility type,
 provider specialty, and other criteria that limit the scope or  duration
 of benefits for services provided under the policy; [and]
   (iv)  "mental  health  condition"  means any mental health disorder as
 defined in the most recent edition of  the  diagnostic  and  statistical
 manual  of mental disorders or the most recent edition of another gener-
 ally recognized independent standard of current medical practice such as
 the international classification of diseases[.];
   (V) "ASSERTIVE COMMUNITY TREATMENT" MEANS AN  EVIDENCE-BASED,  MOBILE,
 PSYCHIATRIC  TREATMENT  INTERVENTION,  DESIGNED FOR AN INDIVIDUAL WITH A
 SERIOUS MENTAL HEALTH CONDITION WHO IS AT RISK FOR HOSPITALIZATION, THAT
 INCLUDES PSYCHOTHERAPY, MEDICATION THERAPY, CRISIS INTERVENTION, PSYCHI-
 ATRIC REHABILITATION, CARE  COORDINATION,  AND  PEER  SUPPORT  SERVICES,
 PROVIDED ASSERTIVELY IN THE COMMUNITY; AND
   (VI) "CRITICAL TIME INTERVENTION SERVICES" MEANS EVIDENCE-BASED, TIME-
 LIMITED,  THERAPEUTIC  INTERVENTIONS  THAT BEGIN BEFORE AN INDIVIDUAL IS
 DISCHARGED FROM AN INPATIENT SETTING, THAT INCLUDE  INTENSIVE  OUTREACH,
 ENGAGEMENT,  AND  CARE COORDINATION SERVICES TO STABILIZE THE INDIVIDUAL
 IN THE COMMUNITY.
   § 3. Paragraph 35 of subsection (i) of section 3216 of  the  insurance
 law is amended by adding a new subparagraph (I) to read as follows:
   (I)  THIS  SUBPARAGRAPH  SHALL  APPLY  TO  MOBILE  CRISIS INTERVENTION
 SERVICES PROVIDERS LICENSED, CERTIFIED, OR AUTHORIZED BY THE  OFFICE  OF
 MENTAL  HEALTH,  OFFICE  OF  ADDICTION  SERVICES AND SUPPORTS, OFFICE OF
 CHILDREN AND FAMILY SERVICES, OR DEPARTMENT OF HEALTH. FOR  PURPOSES  OF
 THIS  SUBPARAGRAPH,  "MOBILE  CRISIS INTERVENTION SERVICES" MEANS MENTAL
 HEALTH AND SUBSTANCE USE DISORDER  SERVICES,  INCLUDING  ASSESSMENT  AND
 TREATMENT  SERVICES AND PEER SUPPORT SERVICES, PROVIDED TO AN INDIVIDUAL
 EXPERIENCING AN ACUTE PSYCHOLOGICAL CRISIS OR ACUTE  EMOTIONAL  DISTRESS
 IN  RELATION  TO  A  MENTAL  HEALTH CONDITION OR SUBSTANCE USE DISORDER,
 INTENDED TO AMELIORATE THE  CRISIS  AND  STABILIZE  THE  INDIVIDUAL  AND
 ENSURE ONGOING STABILIZATION AFTER THE INITIAL CRISIS RESPONSE.
   (I)  BENEFITS  FOR COVERED SERVICES PROVIDED BY A MOBILE CRISIS INTER-
 VENTION SERVICES PROVIDER SHALL NOT BE SUBJECT TO PREAUTHORIZATION.
   (II) BENEFITS FOR COVERED SERVICES PROVIDED BY A MOBILE CRISIS  INTER-
 VENTION  SERVICES  PROVIDER  SHALL  BE COVERED REGARDLESS OF WHETHER THE
 MOBILE CRISIS INTERVENTION SERVICES PROVIDER IS A PARTICIPATING  PROVID-
 ER.
   (III)  IF  THE  COVERED  SERVICES  ARE PROVIDED BY A NON-PARTICIPATING
 MOBILE CRISIS INTERVENTION  SERVICES  PROVIDER,  AN  INSURER  SHALL  NOT
 S. 4007--A                         531                        A. 3007--A

 IMPOSE  ANY ADMINISTRATIVE REQUIREMENT OR LIMITATION ON COVERAGE THAT IS
 MORE RESTRICTIVE THAN THE REQUIREMENTS  OR  LIMITATIONS  THAT  APPLY  TO
 COVERED  SERVICES  RECEIVED  FROM  A  PARTICIPATING MOBILE CRISIS INTER-
 VENTION SERVICES PROVIDER.
   (IV)  IF  THE  COVERED  SERVICES  ARE  PROVIDED BY A NON-PARTICIPATING
 MOBILE CRISIS INTERVENTION SERVICES PROVIDER, THE  INSURED'S  COPAYMENT,
 COINSURANCE,  AND  DEDUCTIBLE  SHALL  BE THE SAME AS WOULD APPLY IF SUCH
 COVERED SERVICES WERE PROVIDED BY A PARTICIPATING MOBILE  CRISIS  INTER-
 VENTION SERVICES PROVIDER.
   §  4.  Paragraph 35 of subsection (i) of section 3216 of the insurance
 law is amended by adding a new subparagraph (J) to read as follows:
   (J) THIS SUBPARAGRAPH SHALL APPLY TO SCHOOL-BASED MENTAL HEALTH  CLIN-
 ICS  THAT  ARE  LICENSED  PURSUANT  TO  ARTICLE THIRTY-ONE OF THE MENTAL
 HYGIENE LAW AND PROVIDE OUTPATIENT CARE IN  PRE-SCHOOL,  ELEMENTARY,  OR
 SECONDARY  SCHOOLS.  AN  INSURER SHALL PROVIDE REIMBURSEMENT FOR COVERED
 OUTPATIENT CARE WHEN PROVIDED BY SUCH SCHOOL-BASED MENTAL HEALTH CLINICS
 AT A PRE-SCHOOL, ELEMENTARY, OR SECONDARY SCHOOL, REGARDLESS OF  WHETHER
 THE  SCHOOL-BASED  MENTAL  HEALTH  CLINIC  FURNISHING SUCH SERVICES IS A
 PARTICIPATING PROVIDER WITH RESPECT TO SUCH SERVICES.  REIMBURSEMENT FOR
 SUCH COVERED SERVICES SHALL BE AT THE RATE NEGOTIATED BETWEEN THE INSUR-
 ER AND SCHOOL-BASED MENTAL HEALTH CLINIC OR, IN THE ABSENCE OF A NEGOTI-
 ATED RATE, AN AMOUNT NO LESS THAN THE RATE THAT WOULD BE PAID  FOR  SUCH
 SERVICES  PURSUANT  TO THE MEDICAL ASSISTANCE PROGRAM UNDER TITLE ELEVEN
 OF ARTICLE FIVE OF THE SOCIAL SERVICES LAW. PAYMENT BY AN INSURER PURSU-
 ANT TO THIS SECTION SHALL BE PAYMENT IN FULL FOR THE SERVICES  PROVIDED.
 THE  SCHOOL-BASED  MENTAL  HEALTH  CLINIC  REIMBURSED  PURSUANT  TO THIS
 SECTION SHALL NOT CHARGE OR SEEK ANY REIMBURSEMENT  FROM,  OR  HAVE  ANY
 RECOURSE  AGAINST, AN INSURED FOR THE SERVICES PROVIDED PURSUANT TO THIS
 SUBPARAGRAPH, EXCEPT FOR THE COLLECTION OF IN-NETWORK COPAYMENTS,  COIN-
 SURANCE,  OR  DEDUCTIBLES FOR WHICH THE INSURED IS RESPONSIBLE FOR UNDER
 THE TERMS OF THE POLICY.
   § 5. Item (i) of subparagraph (A) of paragraph 5 of subsection (l)  of
 section  3221  of the insurance law, as amended by section 14 of part AA
 of chapter 57 of the laws of 2021, is amended to read as follows:
   (i) where the policy provides coverage for  inpatient  hospital  care,
 benefits for: inpatient care in a hospital as defined by subdivision ten
 of  section 1.03 of the mental hygiene law [and benefits for]; SUB-ACUTE
 CARE IN A MEDICALLY-MONITORED RESIDENTIAL FACILITY  LICENSED,  OPERATED,
 OR  OTHERWISE AUTHORIZED BY THE OFFICE OF MENTAL HEALTH; outpatient care
 provided [in] BY a facility  issued  an  operating  certificate  by  the
 commissioner  of  mental  health  pursuant  to the provisions of article
 thirty-one of the mental hygiene law, or [in] BY a facility operated  by
 the  office  of  mental  health  [or  in]; OUTPATIENT CARE PROVIDED BY a
 crisis stabilization center licensed pursuant to section  36.01  of  the
 mental  hygiene  law; OUTPATIENT CARE PROVIDED BY A MOBILE CRISIS INTER-
 VENTION SERVICES PROVIDER LICENSED,  CERTIFIED,  OR  AUTHORIZED  BY  THE
 OFFICE  OF  MENTAL  HEALTH,  OFFICE  OF ADDICTION SERVICES AND SUPPORTS,
 OFFICE OF CHILDREN AND FAMILY SERVICES, OR DEPARTMENT OF HEALTH;  OUTPA-
 TIENT  CARE  FOR  CARE COORDINATION SERVICES, CRITICAL TIME INTERVENTION
 SERVICES, AND ASSERTIVE COMMUNITY TREATMENT SERVICES, PROVIDED BY FACIL-
 ITIES LICENSED, OPERATED, OR  OTHERWISE  AUTHORIZED  BY  THE  OFFICE  OF
 MENTAL  HEALTH  OR  THE DEPARTMENT OF HEALTH, FOLLOWING DISCHARGE FROM A
 HOSPITAL AS DEFINED BY SUBDIVISION TEN OF SECTION  1.03  OF  THE  MENTAL
 HYGIENE  LAW OR THE EMERGENCY DEPARTMENT OF A HOSPITAL LICENSED PURSUANT
 TO ARTICLE TWENTY-EIGHT OF THE PUBLIC HEALTH LAW; or, for care  provided
 S. 4007--A                         532                        A. 3007--A
 
 in  other  states,  to  similarly  licensed or certified hospitals [or],
 facilities, OR PROVIDERS; and
   §  6.  Items  (iii)  and  (iv)  of  subparagraph (E) of paragraph 5 of
 subsection (l) of section 3221 of the insurance law, as added by section
 14 of subpart A of part BB of chapter  57  of  the  laws  of  2019,  are
 amended and two new items (v) and (vi) are added to read as follows:
   (iii)  "treatment  limitation" means limits on the frequency of treat-
 ment, number of visits, days of coverage, or other similar limits on the
 scope or duration of treatment and  includes  nonquantitative  treatment
 limitations  such as: medical management standards limiting or excluding
 benefits based on medical necessity, or based on whether  the  treatment
 is  experimental  or  investigational; formulary design for prescription
 drugs; network tier design; standards for provider admission to  partic-
 ipate in a network, including reimbursement rates; methods for determin-
 ing usual, customary, and reasonable charges; fail-first or step therapy
 protocols;  exclusions  based  on failure to complete a course of treat-
 ment; and restrictions based  on  geographic  location,  facility  type,
 provider  specialty, and other criteria that limit the scope or duration
 of benefits for services provided under the policy; [and]
   (iv) "mental health condition" means any  mental  health  disorder  as
 defined  in  the  most  recent edition of the diagnostic and statistical
 manual of mental disorders or the most recent edition of another  gener-
 ally recognized independent standard of current medical practice such as
 the international classification of diseases[.];
   (V)  "ASSERTIVE  COMMUNITY TREATMENT" MEANS AN EVIDENCE-BASED, MOBILE,
 PSYCHIATRIC TREATMENT INTERVENTION, DESIGNED FOR PEOPLE WITH  A  SERIOUS
 MENTAL  HEALTH  CONDITION  WHO  ARE  AT  RISK  FOR HOSPITALIZATION, THAT
 INCLUDES PSYCHOTHERAPY, MEDICATION THERAPY, CRISIS INTERVENTION, PSYCHI-
 ATRIC REHABILITATION, CARE  COORDINATION,  AND  PEER  SUPPORT  SERVICES,
 PROVIDED ASSERTIVELY IN THE COMMUNITY; AND
   (VI) "CRITICAL TIME INTERVENTION SERVICES" MEANS EVIDENCE-BASED, TIME-
 LIMITED,  THERAPEUTIC  INTERVENTIONS  THAT BEGIN BEFORE AN INDIVIDUAL IS
 DISCHARGED FROM AN INPATIENT SETTING, THAT INCLUDE  INTENSIVE  OUTREACH,
 ENGAGEMENT,  AND  CARE COORDINATION SERVICES TO STABILIZE INDIVIDUALS IN
 THE COMMUNITY.
   § 7. Paragraph 5 of subsection (l) of section 3221  of  the  insurance
 law is amended by adding a new subparagraph (I) to read as follows:
   (I)  THIS  SUBPARAGRAPH  SHALL  APPLY  TO  MOBILE  CRISIS INTERVENTION
 SERVICES PROVIDERS LICENSED, CERTIFIED, OR AUTHORIZED BY THE  OFFICE  OF
 MENTAL  HEALTH,  OFFICE  OF  ADDICTION  SERVICES AND SUPPORTS, OFFICE OF
 CHILDREN AND FAMILY SERVICES, OR DEPARTMENT OF HEALTH. FOR  PURPOSES  OF
 THIS  SUBPARAGRAPH,  "MOBILE  CRISIS INTERVENTION SERVICES" MEANS MENTAL
 HEALTH AND SUBSTANCE USE DISORDER  SERVICES,  INCLUDING  ASSESSMENT  AND
 TREATMENT  SERVICES AND PEER SUPPORT SERVICES, PROVIDED TO AN INDIVIDUAL
 EXPERIENCING AN ACUTE PSYCHOLOGICAL CRISIS OR ACUTE  EMOTIONAL  DISTRESS
 IN  RELATION  TO  A  MENTAL  HEALTH CONDITION OR SUBSTANCE USE DISORDER,
 INTENDED TO AMELIORATE THE  CRISIS  AND  STABILIZE  THE  INDIVIDUAL  AND
 ENSURE ONGOING STABILIZATION AFTER THE INITIAL CRISIS RESPONSE.
   (I)   BENEFITS FOR COVERED SERVICES PROVIDED BY A MOBILE CRISIS INTER-
 VENTION SERVICES PROVIDER SHALL NOT BE SUBJECT TO PREAUTHORIZATION.
   (II) BENEFITS FOR COVERED SERVICES PROVIDED BY A MOBILE CRISIS  INTER-
 VENTION  SERVICES  PROVIDER  SHALL  BE COVERED REGARDLESS OF WHETHER THE
 MOBILE CRISIS INTERVENTION SERVICES PROVIDER IS A PARTICIPATING  PROVID-
 ER.
   (III)    IF  THE  COVERED SERVICES ARE PROVIDED BY A NON-PARTICIPATING
 MOBILE CRISIS INTERVENTION  SERVICES  PROVIDER,  AN  INSURER  SHALL  NOT
 S. 4007--A                         533                        A. 3007--A
 
 IMPOSE  ANY ADMINISTRATIVE REQUIREMENT OR LIMITATION ON COVERAGE THAT IS
 MORE RESTRICTIVE THAN THE REQUIREMENTS  OR  LIMITATIONS  THAT  APPLY  TO
 COVERED  SERVICES  RECEIVED  FROM  A  PARTICIPATING MOBILE CRISIS INTER-
 VENTION SERVICES PROVIDER.
   (IV)    IF  THE  COVERED  SERVICES ARE PROVIDED BY A NON-PARTICIPATING
 MOBILE CRISIS INTERVENTION SERVICES PROVIDER, THE  INSURED'S  COPAYMENT,
 COINSURANCE,  AND  DEDUCTIBLE  SHALL  BE THE SAME AS WOULD APPLY IF SUCH
 COVERED SERVICES WERE PROVIDED BY A PARTICIPATING MOBILE  CRISIS  INTER-
 VENTION SERVICES PROVIDER.
   §  8.  Paragraph  5 of subsection (l) of section 3221 of the insurance
 law is amended by adding a new subparagraph (J) to read as follows:
   (J) THIS SUBPARAGRAPH SHALL APPLY TO SCHOOL-BASED MENTAL HEALTH  CLIN-
 ICS  THAT  ARE  LICENSED  PURSUANT  TO  ARTICLE THIRTY-ONE OF THE MENTAL
 HYGIENE LAW AND PROVIDE OUTPATIENT CARE IN  PRE-SCHOOL,  ELEMENTARY,  OR
 SECONDARY  SCHOOLS.  AN  INSURER SHALL PROVIDE REIMBURSEMENT FOR COVERED
 OUTPATIENT CARE WHEN PROVIDED BY SUCH SCHOOL-BASED MENTAL HEALTH CLINICS
 AT A PRE-SCHOOL, ELEMENTARY, OR SECONDARY SCHOOL, REGARDLESS OF  WHETHER
 THE  SCHOOL-BASED  MENTAL  HEALTH  CLINIC  FURNISHING SUCH SERVICES IS A
 PARTICIPATING PROVIDER WITH RESPECT TO SUCH SERVICES.  REIMBURSEMENT FOR
 SUCH COVERED SERVICES SHALL BE AT THE RATE NEGOTIATED BETWEEN THE INSUR-
 ER AND SCHOOL-BASED MENTAL HEALTH CLINIC OR, IN THE ABSENCE OF A NEGOTI-
 ATED RATE, AN AMOUNT NO LESS THAN THE RATE THAT WOULD BE PAID  FOR  SUCH
 SERVICES  PURSUANT  TO THE MEDICAL ASSISTANCE PROGRAM UNDER TITLE ELEVEN
 OF ARTICLE FIVE OF THE SOCIAL SERVICES LAW. PAYMENT BY AN INSURER PURSU-
 ANT TO THIS SECTION SHALL BE PAYMENT IN FULL FOR THE SERVICES  PROVIDED.
 THE  SCHOOL-BASED  MENTAL  HEALTH  CLINIC  REIMBURSED  PURSUANT  TO THIS
 SECTION SHALL NOT CHARGE OR SEEK ANY  REIMBURSEMENT  FROM  OR  HAVE  ANY
 RECOURSE  AGAINST, AN INSURED FOR THE SERVICES PROVIDED PURSUANT TO THIS
 SUBPARAGRAPH, EXCEPT FOR THE COLLECTION OF IN-NETWORK COPAYMENTS,  COIN-
 SURANCE,  OR  DEDUCTIBLES FOR WHICH THE INSURED IS RESPONSIBLE FOR UNDER
 THE TERMS OF THE POLICY.
   § 9. Paragraph 1 of subsection (g) of section 4303  of  the  insurance
 law,  as  amended  by section 18 of part AA of chapter 57 of the laws of
 2021, is amended to read as follows:
   (1) where the contract provides coverage for inpatient hospital  care,
 benefits  for:  in-patient  care in a hospital as defined by subdivision
 ten of section 1.03 of the mental hygiene law  [or  for  inpatient  care
 provided  in other states, to similarly licensed hospitals, and benefits
 for]; SUB-ACUTE  CARE  IN  A  MEDICALLY-MONITORED  RESIDENTIAL  FACILITY
 LICENSED,  OPERATED,  OR  OTHERWISE  AUTHORIZED  BY THE OFFICE OF MENTAL
 HEALTH; [out-patient] OUTPATIENT care provided [in] BY a facility issued
 an operating certificate by the commissioner of mental  health  pursuant
 to  the  provisions  of  article thirty-one of the mental hygiene law or
 [in] BY a facility operated by the office  of  mental  health  [or  in];
 OUTPATIENT  CARE  PROVIDED  BY  a  crisis  stabilization center licensed
 pursuant to section 36.01 of the mental  hygiene  law;  OUTPATIENT  CARE
 PROVIDED  BY  A  MOBILE  CRISIS INTERVENTION SERVICES PROVIDER LICENSED,
 CERTIFIED, OR AUTHORIZED BY THE  OFFICE  OF  MENTAL  HEALTH,  OFFICE  OF
 ADDICTION SERVICES AND SUPPORTS, OFFICE OF CHILDREN AND FAMILY SERVICES,
 OR DEPARTMENT OF HEALTH; OUTPATIENT CARE FOR CARE COORDINATION SERVICES,
 CRITICAL  TIME  INTERVENTION SERVICES, AND ASSERTIVE COMMUNITY TREATMENT
 SERVICES,  PROVIDED  BY  FACILITIES  LICENSED,  OPERATED,  OR  OTHERWISE
 AUTHORIZED  BY  THE OFFICE OF MENTAL HEALTH OR THE DEPARTMENT OF HEALTH,
 FOLLOWING DISCHARGE FROM A HOSPITAL AS DEFINED  BY  SUBDIVISION  TEN  OF
 SECTION  1.03 OF THE MENTAL HYGIENE LAW OR THE EMERGENCY DEPARTMENT OF A
 HOSPITAL LICENSED PURSUANT TO ARTICLE TWENTY-EIGHT OF THE PUBLIC  HEALTH
 S. 4007--A                         534                        A. 3007--A
 
 LAW;  or  for  [out-patient] care provided in other states, to similarly
 LICENSED OR certified HOSPITALS, facilities, OR PROVIDERS; and
   §  10.  Subparagraphs  (C) and (D) of paragraph 6 of subsection (g) of
 section 4303 of the insurance law, as added by section 23 of  subpart  A
 of  part  BB  of chapter 57 of the laws of 2019, are amended and two new
 subparagraphs (E) and (F) are added to read as follows:
   (C) "treatment limitation" means limits on the frequency of treatment,
 number of visits, days of coverage, or other similar limits on the scope
 or duration of treatment and includes nonquantitative treatment  limita-
 tions  such as: medical management standards limiting or excluding bene-
 fits based on medical necessity, or based on whether  the  treatment  is
 experimental  or  investigational;  formulary  design  for  prescription
 drugs; network tier design; standards for provider admission to  partic-
 ipate in a network, including reimbursement rates; methods for determin-
 ing usual, customary, and reasonable charges; fail-first or step therapy
 protocols;  exclusions  based  on failure to complete a course of treat-
 ment; and restrictions based  on  geographic  location,  facility  type,
 provider  specialty, and other criteria that limit the scope or duration
 of benefits for services provided under the contract; [and]
   (D) "mental health condition" means  any  mental  health  disorder  as
 defined  in  the  most  recent edition of the diagnostic and statistical
 manual of mental disorders or the most recent edition of another  gener-
 ally recognized independent standard of current medical practice such as
 the international classification of diseases[.];
   (E)  "ASSERTIVE  COMMUNITY TREATMENT" MEANS AN EVIDENCE-BASED, MOBILE,
 PSYCHIATRIC TREATMENT INTERVENTION, DESIGNED FOR AN  INDIVIDUAL  WITH  A
 SERIOUS MENTAL HEALTH CONDITION WHO IS AT RISK FOR HOSPITALIZATION, THAT
 INCLUDES PSYCHOTHERAPY, MEDICATION THERAPY, CRISIS INTERVENTION, PSYCHI-
 ATRIC  REHABILITATION,  CARE  COORDINATION,  AND  PEER SUPPORT SERVICES,
 PROVIDED ASSERTIVELY IN THE COMMUNITY; AND
   (F) "CRITICAL TIME INTERVENTION SERVICES" MEANS EVIDENCE-BASED,  TIME-
 LIMITED,  THERAPEUTIC  INTERVENTIONS  THAT BEGIN BEFORE AN INDIVIDUAL IS
 DISCHARGED FROM AN INPATIENT SETTING, THAT INCLUDE  INTENSIVE  OUTREACH,
 ENGAGEMENT,  AND  CARE COORDINATION SERVICES TO STABILIZE INDIVIDUALS IN
 THE COMMUNITY.
   § 11. Subsection (g) of section 4303 of the insurance law  is  amended
 by adding a new paragraph 10 to read as follows:
   (10) THIS PARAGRAPH SHALL APPLY TO MOBILE CRISIS INTERVENTION SERVICES
 PROVIDERS  LICENSED,  CERTIFIED,  OR  AUTHORIZED BY THE OFFICE OF MENTAL
 HEALTH, OFFICE OF ADDICTION SERVICES AND SUPPORTS,  OFFICE  OF  CHILDREN
 AND FAMILY SERVICES, OR DEPARTMENT OF HEALTH. FOR PURPOSES OF THIS PARA-
 GRAPH,  "MOBILE  CRISIS  INTERVENTION  SERVICES" MEANS MENTAL HEALTH AND
 SUBSTANCE USE DISORDER  SERVICES,  INCLUDING  ASSESSMENT  AND  TREATMENT
 SERVICES AND PEER SUPPORT SERVICES, PROVIDED TO AN INDIVIDUAL EXPERIENC-
 ING  AN  ACUTE  PSYCHOLOGICAL  CRISIS  OR  ACUTE  EMOTIONAL  DISTRESS IN
 RELATION TO  A  MENTAL  HEALTH  CONDITION  OR  SUBSTANCE  USE  DISORDER,
 INTENDED  TO  AMELIORATE  THE  CRISIS  AND  STABILIZE THE INDIVIDUAL AND
 ENSURE ONGOING STABILIZATION AFTER THE INITIAL CRISIS RESPONSE.
   (A)  BENEFITS FOR COVERED SERVICES PROVIDED BY A MOBILE CRISIS  INTER-
 VENTION SERVICES PROVIDER SHALL NOT BE SUBJECT TO PREAUTHORIZATION.
   (B)  BENEFITS  FOR COVERED SERVICES PROVIDED BY A MOBILE CRISIS INTER-
 VENTION SERVICES PROVIDER SHALL BE COVERED  REGARDLESS  OF  WHETHER  THE
 MOBILE  CRISIS INTERVENTION SERVICES PROVIDER IS A PARTICIPATING PROVID-
 ER.
   (C)   IF THE COVERED SERVICES  ARE  PROVIDED  BY  A  NON-PARTICIPATING
 MOBILE  CRISIS  INTERVENTION  SERVICES PROVIDER, A CORPORATION SHALL NOT
 S. 4007--A                         535                        A. 3007--A
 
 IMPOSE ANY ADMINISTRATIVE REQUIREMENT OR LIMITATION ON COVERAGE THAT  IS
 MORE  RESTRICTIVE  THAN  THE  REQUIREMENTS  OR LIMITATIONS THAT APPLY TO
 COVERED SERVICES RECEIVED FROM  A  PARTICIPATING  MOBILE  CRISIS  INTER-
 VENTION SERVICES PROVIDER.
   (D)    IF  THE  COVERED  SERVICES  ARE PROVIDED BY A NON-PARTICIPATING
 MOBILE CRISIS INTERVENTION SERVICES PROVIDER, THE  INSURED'S  COPAYMENT,
 COINSURANCE,  AND  DEDUCTIBLE  SHALL  BE THE SAME AS WOULD APPLY IF SUCH
 COVERED SERVICES WERE PROVIDED BY A PARTICIPATING MOBILE  CRISIS  INTER-
 VENTION SERVICES PROVIDER.
   §  12.  Subsection (g) of section 4303 of the insurance law is amended
 by adding a new paragraph 11 to read as follows:
   (11) THIS PARAGRAPH SHALL APPLY TO SCHOOL-BASED MENTAL HEALTH  CLINICS
 THAT  ARE  LICENSED PURSUANT TO ARTICLE THIRTY-ONE OF THE MENTAL HYGIENE
 LAW AND PROVIDE OUTPATIENT CARE IN PRE-SCHOOL, ELEMENTARY, OR  SECONDARY
 SCHOOLS.  A  CORPORATION  SHALL PROVIDE REIMBURSEMENT FOR COVERED OUTPA-
 TIENT CARE WHEN PROVIDED BY SUCH SCHOOL-BASED MENTAL HEALTH CLINICS AT A
 PRE-SCHOOL, ELEMENTARY, OR SECONDARY SCHOOL, REGARDLESS OF  WHETHER  THE
 SCHOOL-BASED  MENTAL HEALTH CLINIC FURNISHING SUCH SERVICES IS A PARTIC-
 IPATING PROVIDER WITH RESPECT TO SUCH SERVICES.  REIMBURSEMENT FOR  SUCH
 COVERED SERVICES SHALL BE AT THE RATE NEGOTIATED BETWEEN THE CORPORATION
 AND SCHOOL-BASED MENTAL HEALTH CLINIC OR, IN THE ABSENCE OF A NEGOTIATED
 RATE,  AN  AMOUNT  NO  LESS  THAN  THE  RATE THAT WOULD BE PAID FOR SUCH
 SERVICES PURSUANT TO THE MEDICAL ASSISTANCE PROGRAM UNDER  TITLE  ELEVEN
 OF  ARTICLE  FIVE  OF  THE SOCIAL SERVICES LAW. PAYMENT BY A CORPORATION
 PURSUANT TO THIS SECTION SHALL BE  PAYMENT  IN  FULL  FOR  THE  SERVICES
 PROVIDED.  THE  SCHOOL-BASED MENTAL HEALTH CLINIC REIMBURSED PURSUANT TO
 THIS SECTION SHALL NOT CHARGE OR SEEK ANY REIMBURSEMENT  FROM,  OR  HAVE
 ANY  RECOURSE  AGAINST, A CORPORATION FOR THE SERVICES PROVIDED PURSUANT
 TO THIS PARAGRAPH, EXCEPT FOR THE COLLECTION OF  IN-NETWORK  COPAYMENTS,
 COINSURANCE,  OR  DEDUCTIBLES  FOR  WHICH THE INSURED IS RESPONSIBLE FOR
 UNDER THE TERMS OF THE CONTRACT.
   § 13. Paragraphs 1 and 2 of subsection  (a)  of  section  605  of  the
 financial  services law, as amended by section 5 of subpart A of part AA
 of chapter 57 of the laws of 2022, are amended to read as follows:
   (1) When a health care plan receives a  bill  for  emergency  services
 from  a  non-participating  provider,  including  a  bill  for inpatient
 services which follow an emergency room visit, OR A  BILL  FOR  SERVICES
 FROM A MOBILE CRISIS INTERVENTION SERVICES PROVIDER LICENSED, CERTIFIED,
 OR  AUTHORIZED  BY  THE  OFFICE  OF  MENTAL  HEALTH, OFFICE OF ADDICTION
 SERVICES AND SUPPORTS,  OFFICE  OF  CHILDREN  AND  FAMILY  SERVICES,  OR
 DEPARTMENT  OF  HEALTH, the health care plan shall pay an amount that it
 determines is reasonable for the emergency services, including inpatient
 services which follow an emergency room visit OR FOR THE  MOBILE  CRISIS
 INTERVENTION  SERVICES,  rendered  by the non-participating provider, in
 accordance with section three thousand two hundred twenty-four-a of  the
 insurance  law,  except  for  the  insured's  co-payment, coinsurance or
 deductible, if any, and shall ensure that the  insured  shall  incur  no
 greater  out-of-pocket costs for the emergency services, including inpa-
 tient services which follow an emergency room visit OR  FOR  THE  MOBILE
 CRISIS  INTERVENTION SERVICES, than the insured would have incurred with
 a participating provider. The non-participating provider  may  bill  the
 health  care  plan  for the services rendered. Upon receipt of the bill,
 the health care plan shall pay the non-participating provider the amount
 prescribed by this section and any subsequent amount  determined  to  be
 owed  to  the  provider  in relation to the emergency services provided,
 S. 4007--A                         536                        A. 3007--A
 
 including inpatient services which follow an emergency room  visit    OR
 FOR THE MOBILE CRISIS INTERVENTION SERVICES.
   (2)  A  non-participating  provider or a health care plan may submit a
 dispute regarding a fee or payment  for  emergency  services,  including
 inpatient  services  which  follow  an  emergency  room  visit,   OR FOR
 SERVICES RENDERED BY A  MOBILE  CRISIS  INTERVENTION  SERVICES  PROVIDER
 LICENSED,  CERTIFIED,  OR  AUTHORIZED  BY  THE  OFFICE OF MENTAL HEALTH,
 OFFICE OF ADDICTION SERVICES AND SUPPORTS, OFFICE OF CHILDREN AND FAMILY
 SERVICES, OR DEPARTMENT OF HEALTH, for review to an independent  dispute
 resolution entity.
   §  14. Subsection (b) of section 606 of the financial services law, as
 amended by section 7 of subpart A of part AA of chapter 57 of  the  laws
 of 2022, is amended to read as follows:
   (b)  A  non-participating provider shall not bill an insured for emer-
 gency services, including inpatient services which follow  an  emergency
 room  visit,  OR  FOR  SERVICES RENDERED BY A MOBILE CRISIS INTERVENTION
 SERVICES PROVIDER LICENSED, CERTIFIED, OR AUTHORIZED BY  THE  OFFICE  OF
 MENTAL  HEALTH,  OFFICE  OF  ADDICTION  SERVICES AND SUPPORTS, OFFICE OF
 CHILDREN AND FAMILY SERVICES, OR DEPARTMENT OF HEALTH,  except  for  any
 applicable  copayment,  coinsurance  or deductible that would be owed if
 the insured utilized a participating provider.
   § 15. This act shall take effect January 1, 2024;  provided,  however,
 that sections one through twelve of this act shall apply to policies and
 contracts issued, renewed, amended, modified or altered on or after such
 date.
 
                                 SUBPART B
 
   Section 1. Subparagraphs (G) and (H) of paragraph 35 of subsection (i)
 of  section  3216  of  the  insurance  law, subparagraph (G) as added by
 section 8 of subpart A of part BB of chapter 57 of the laws of 2019  and
 subparagraph  (H) as added by section 13 of part AA of chapter 57 of the
 laws of 2021, are amended to read as follows:
   (G) This subparagraph shall apply to hospitals AND MEDICALLY-MONITORED
 CRISIS RESIDENTIAL FACILITIES in this state that are licensed, OPERATED,
 OR OTHERWISE AUTHORIZED by the office of mental health that are  partic-
 ipating  in  the  insurer's  provider network. Where the policy provides
 coverage for inpatient hospital care, benefits  for  inpatient  hospital
 care  in a hospital as defined by subdivision ten of section 1.03 of the
 mental hygiene law [provided to individuals who have  not  attained  the
 age  of  eighteen]  AND BENEFITS FOR SUB-ACUTE CARE IN A MEDICALLY-MONI-
 TORED CRISIS  RESIDENTIAL  FACILITY  LICENSED,  OPERATED,  OR  OTHERWISE
 AUTHORIZED BY THE OFFICE OF MENTAL HEALTH shall not be subject to preau-
 thorization. Coverage provided under this subparagraph shall also not be
 subject  to  concurrent  utilization review FOR INDIVIDUALS WHO HAVE NOT
 ATTAINED THE AGE OF EIGHTEEN during the first fourteen days of the inpa-
 tient admission, provided the facility notifies the insurer of both  the
 admission and the initial treatment plan within two business days of the
 admission,  performs daily clinical review of the [patient] INSURED, and
 participates in periodic consultation with the insurer  to  ensure  that
 the  facility  is  using  the  evidence-based and peer reviewed clinical
 review criteria utilized by the insurer which is approved by the  office
 of mental health and appropriate to the age of the [patient] INSURED, to
 ensure  that the inpatient care is medically necessary for the [patient]
 INSURED. FOR  INDIVIDUALS  WHO  HAVE  ATTAINED  AGE  EIGHTEEN,  COVERAGE
 PROVIDED UNDER THIS SUBPARAGRAPH SHALL ALSO NOT BE SUBJECT TO CONCURRENT
 S. 4007--A                         537                        A. 3007--A
 
 REVIEW  DURING  THE  FIRST  THIRTY  DAYS OF THE INPATIENT OR RESIDENTIAL
 ADMISSION, PROVIDED THE FACILITY NOTIFIES THE INSURER OF BOTH THE ADMIS-
 SION AND THE INITIAL TREATMENT PLAN WITHIN  TWO  BUSINESS  DAYS  OF  THE
 ADMISSION,  PERFORMS  DAILY  CLINICAL REVIEW OF THE INSURED, AND PARTIC-
 IPATES IN PERIODIC CONSULTATION WITH THE  INSURER  TO  ENSURE  THAT  THE
 FACILITY  IS  USING THE EVIDENCE-BASED AND PEER REVIEWED CLINICAL REVIEW
 CRITERIA UTILIZED BY THE INSURER WHICH IS  APPROVED  BY  THE  OFFICE  OF
 MENTAL  HEALTH AND APPROPRIATE TO THE AGE OF THE INSURED, TO ENSURE THAT
 THE INPATIENT  OR  RESIDENTIAL  CARE  IS  MEDICALLY  NECESSARY  FOR  THE
 INSURED.    HOWEVER, CONCURRENT REVIEW MAY BE PERFORMED DURING THE FIRST
 THIRTY DAYS IF AN INSURED MEETS  CLINICAL  CRITERIA  DESIGNATED  BY  THE
 OFFICE  OF  MENTAL HEALTH OR WHERE THE INSURED IS ADMITTED TO A HOSPITAL
 OR FACILITY WHICH HAS BEEN DESIGNATED BY THE OFFICE OF MENTAL HEALTH FOR
 CONCURRENT REVIEW, IN CONSULTATION WITH THE COMMISSIONER OF  HEALTH  AND
 THE  SUPERINTENDENT.  All treatment provided under this subparagraph may
 be reviewed retrospectively. Where care is  denied  retrospectively,  an
 insured  shall not have any financial obligation to the facility for any
 treatment under this subparagraph other than any copayment, coinsurance,
 or deductible otherwise required under the policy.
   (H) This subparagraph shall apply to crisis stabilization  centers  in
 this  state  that  are  licensed pursuant to section 36.01 of the mental
 hygiene law and participate in the insurer's provider network.  Benefits
 for  care  [in] BY a crisis stabilization center shall not be subject to
 preauthorization. All treatment provided under this subparagraph may  be
 reviewed  retrospectively.  Where  care  is  denied  retrospectively, an
 insured shall not have any financial obligation to the facility for  any
 treatment under this subparagraph other than any copayment, coinsurance,
 or deductible otherwise required under the policy.
   §  2.  Subparagraphs  (G)  and (H) of paragraph 5 of subsection (l) of
 section 3221 of the insurance law, subparagraph (G) as added by  section
 14 of subpart A of part BB of chapter 57 of the laws of 2019 and subpar-
 agraph  (H)  as added by section 15 of part AA of chapter 57 of the laws
 of 2021, are amended to read as follows:
   (G) This subparagraph shall apply to hospitals AND MEDICALLY-MONITORED
 CRISIS RESIDENTIAL FACILITIES in this state that are licensed, OPERATED,
 OR OTHERWISE AUTHORIZED by the office of mental health that are  partic-
 ipating  in  the  insurer's  provider network. Where the policy provides
 coverage for inpatient hospital care, benefits  for  inpatient  hospital
 care  in a hospital as defined by subdivision ten of section 1.03 of the
 mental hygiene law [provided to individuals who have  not  attained  the
 age  of  eighteen]  AND BENEFITS FOR SUB-ACUTE CARE IN A MEDICALLY-MONI-
 TORED CRISIS RESIDENTIAL FACILITY, OPERATED OR OTHERWISE  AUTHORIZED  BY
 THE  OFFICE  OF  MENTAL HEALTH shall not be subject to preauthorization.
 Coverage provided under this subparagraph shall also not be  subject  to
 concurrent  utilization review FOR INDIVIDUALS WHO HAVE NOT ATTAINED THE
 AGE OF EIGHTEEN during the first fourteen days of the  inpatient  admis-
 sion,  provided  the facility notifies the insurer of both the admission
 and the initial treatment plan within two business days  of  the  admis-
 sion,  performs  daily  clinical  review  of  the [patient] INSURED, and
 participates in periodic consultation with the insurer  to  ensure  that
 the  facility  is  using  the  evidence-based and peer reviewed clinical
 review criteria utilized by the insurer which is approved by the  office
 of  mental health and appropriate to the age of the [patient] INSURED to
 ensure that the inpatient care is medically necessary for the  [patient]
 INSURED.  FOR  INDIVIDUALS  WHO  HAVE  ATTAINED  AGE  EIGHTEEN, COVERAGE
 PROVIDED UNDER THIS SUBPARAGRAPH SHALL ALSO NOT BE SUBJECT TO CONCURRENT
 S. 4007--A                         538                        A. 3007--A
 
 REVIEW DURING THE FIRST THIRTY DAYS  OF  THE  INPATIENT  OR  RESIDENTIAL
 ADMISSION, PROVIDED THE FACILITY NOTIFIES THE INSURER OF BOTH THE ADMIS-
 SION  AND  THE  INITIAL  TREATMENT  PLAN WITHIN TWO BUSINESS DAYS OF THE
 ADMISSION,  PERFORMS  DAILY  CLINICAL REVIEW OF THE INSURED, AND PARTIC-
 IPATES IN PERIODIC CONSULTATION WITH THE  INSURER  TO  ENSURE  THAT  THE
 FACILITY  IS  USING THE EVIDENCE-BASED AND PEER REVIEWED CLINICAL REVIEW
 CRITERIA UTILIZED BY THE INSURER WHICH IS  APPROVED  BY  THE  OFFICE  OF
 MENTAL  HEALTH AND APPROPRIATE TO THE AGE OF THE INSURED, TO ENSURE THAT
 THE INPATIENT  OR  RESIDENTIAL  CARE  IS  MEDICALLY  NECESSARY  FOR  THE
 INSURED.    HOWEVER, CONCURRENT REVIEW MAY BE PERFORMED DURING THE FIRST
 THIRTY DAYS IF AN INSURED MEETS  CLINICAL  CRITERIA  DESIGNATED  BY  THE
 OFFICE  OF  MENTAL HEALTH OR WHERE THE INSURED IS ADMITTED TO A HOSPITAL
 OR FACILITY WHICH HAS BEEN DESIGNATED BY THE OFFICE OF MENTAL HEALTH FOR
 CONCURRENT REVIEW, IN CONSULTATION WITH THE COMMISSIONER OF  HEALTH  AND
 THE  SUPERINTENDENT.  All treatment provided under this subparagraph may
 be reviewed retrospectively. Where care is  denied  retrospectively,  an
 insured  shall not have any financial obligation to the facility for any
 treatment under this subparagraph other than any copayment, coinsurance,
 or deductible otherwise required under the policy.
   (H) This subparagraph shall apply to crisis stabilization  centers  in
 this  state  that  are  licensed pursuant to section 36.01 of the mental
 hygiene law and participate in the insurer's provider network.  Benefits
 for  care  [in] BY a crisis stabilization center shall not be subject to
 preauthorization. All treatment provided under this subparagraph may  be
 reviewed  retrospectively.  Where  care  is  denied  retrospectively, an
 insured shall not have any financial obligation to the facility for  any
 treatment under this subparagraph other than any copayment, coinsurance,
 or deductible otherwise required under the policy.
   §  3.  Paragraphs  8  and  9  of subsection (g) of section 4303 of the
 insurance law, paragraph 8 as added by section 23 of subpart A  of  part
 BB of chapter 57 of the laws of 2019 and paragraph 9 as added by section
 19  of part AA of chapter 57 of the laws of 2021, are amended to read as
 follows:
   (8) This paragraph shall apply to  hospitals  AND  MEDICALLY-MONITORED
 CRISIS  RESIDENTIAL FACILITIES in this state that are licensed, OPERATED
 OR OTHERWISE AUTHORIZED by the office of mental health that are  partic-
 ipating  in  the  corporation's  provider  network.  Where  the contract
 provides coverage for inpatient hospital care,  benefits  for  inpatient
 hospital  care  in  a  hospital as defined by subdivision ten of section
 1.03 of the mental hygiene law [provided to  individuals  who  have  not
 attained the age of eighteen] AND BENEFITS FOR SUB-ACUTE CARE IN A MEDI-
 CALLY-MONITORED  CRISIS  RESIDENTIAL  FACILITY  LICENSED,  OPERATED,  OR
 OTHERWISE AUTHORIZED BY THE OFFICE OF MENTAL HEALTH shall not be subject
 to preauthorization. Coverage provided under this paragraph  shall  also
 not be subject to concurrent utilization review FOR INDIVIDUALS WHO HAVE
 NOT  ATTAINED  THE AGE OF EIGHTEEN during the first fourteen days of the
 inpatient admission, provided the facility notifies the  corporation  of
 both  the  admission  and the initial treatment plan within two business
 days of the admission, performs daily clinical review of  the  [patient]
 INSURED,  and participates in periodic consultation with the corporation
 to ensure that  the  facility  is  using  the  evidence-based  and  peer
 reviewed  clinical  review criteria utilized by the corporation which is
 approved by the office of mental health and appropriate to  the  age  of
 the  [patient]  INSURED,  to ensure that the inpatient care is medically
 necessary for the [patient] INSURED.  FOR INDIVIDUALS WHO HAVE  ATTAINED
 AGE  EIGHTEEN,  COVERAGE PROVIDED UNDER THIS PARAGRAPH SHALL ALSO NOT BE
 S. 4007--A                         539                        A. 3007--A

 SUBJECT TO CONCURRENT REVIEW DURING THE FIRST THIRTY DAYS OF  THE  INPA-
 TIENT  OR  RESIDENTIAL  ADMISSION,  PROVIDED  THE  FACILITY NOTIFIES THE
 CORPORATION OF BOTH THE ADMISSION AND THE INITIAL TREATMENT PLAN  WITHIN
 TWO  BUSINESS  DAYS  OF THE ADMISSION, PERFORMS DAILY CLINICAL REVIEW OF
 THE INSURED, AND PARTICIPATES IN PERIODIC CONSULTATION WITH  THE  CORPO-
 RATION  TO ENSURE THAT THE FACILITY IS USING THE EVIDENCE-BASED AND PEER
 REVIEWED CLINICAL REVIEW CRITERIA UTILIZED BY THE CORPORATION  WHICH  IS
 APPROVED  BY  THE  OFFICE OF MENTAL HEALTH AND APPROPRIATE TO THE AGE OF
 THE INSURED, TO  ENSURE  THAT  THE  INPATIENT  OR  RESIDENTIAL  CARE  IS
 MEDICALLY  NECESSARY FOR THE INSURED.  HOWEVER, CONCURRENT REVIEW MAY BE
 PERFORMED DURING THE FIRST THIRTY DAYS  IF  AN  INSURED  MEETS  CLINICAL
 CRITERIA  DESIGNATED BY THE OFFICE OF MENTAL HEALTH OR WHERE THE INSURED
 IS ADMITTED TO A HOSPITAL OR FACILITY WHICH HAS BEEN DESIGNATED  BY  THE
 OFFICE  OF MENTAL HEALTH FOR CONCURRENT REVIEW, IN CONSULTATION WITH THE
 COMMISSIONER OF HEALTH AND THE SUPERINTENDENT.  All  treatment  provided
 under  this  paragraph  may  be  reviewed retrospectively. Where care is
 denied retrospectively, an insured shall not have  any  financial  obli-
 gation to the facility for any treatment under this paragraph other than
 any  copayment,  coinsurance, or deductible otherwise required under the
 contract.
   (9) This paragraph shall apply to crisis stabilization centers in this
 state that are licensed pursuant to section 36.01 of the mental  hygiene
 law  and participate in the corporation's provider network. Benefits for
 care [in] BY a crisis stabilization  center  shall  not  be  subject  to
 preauthorization.  All  treatment  provided  under this paragraph may be
 reviewed retrospectively.  Where  care  is  denied  retrospectively,  an
 insured  shall not have any financial obligation to the facility for any
 treatment under this paragraph other than any copayment, coinsurance, or
 deductible otherwise required under the contract.
   § 4. Paragraph 12 of subsection (a) of section 4902 of  the  insurance
 law, as added by section 38 of subpart A of part BB of chapter 57 of the
 laws of 2019, is amended to read as follows:
   (12)  When  conducting  utilization review for purposes of determining
 health care coverage for a mental health condition, a utilization review
 agent shall utilize evidence-based and  peer  reviewed  clinical  review
 criteria  that is appropriate to the age of the patient. The utilization
 review agent shall  use  CLINICAL  REVIEW  CRITERIA  DESIGNATED  BY  THE
 COMMISSIONER  OF  THE OFFICE OF MENTAL HEALTH FOR LEVEL OF CARE DETERMI-
 NATIONS, IN CONSULTATION WITH THE  SUPERINTENDENT  AND  COMMISSIONER  OF
 HEALTH.    FOR COVERAGE DETERMINATIONS OUTSIDE THE SCOPE OF THE CRITERIA
 DESIGNATED FOR LEVEL OF  CARE  DETERMINATIONS,  THE  UTILIZATION  REVIEW
 AGENT SHALL USE clinical review criteria deemed appropriate and approved
 for  such  use  by  the  commissioner of the office of mental health, in
 consultation with the commissioner of  health  and  the  superintendent.
 Approved  clinical  review  criteria  shall have inter rater reliability
 testing completed [by  December  thirty-first,  two  thousand  nineteen]
 PRIOR TO IMPLEMENTATION.
   §  5.  Paragraph  (j)  of  subdivision 1 of section 4902 of the public
 health law, as added by section 43 of subpart A of part BB of chapter 57
 of the laws of 2019, is amended to read as follows:
   (j) When conducting utilization review  for  purposes  of  determining
 health care coverage for a mental health condition, a utilization review
 agent  shall  utilize  evidence-based  and peer reviewed clinical review
 criteria that is appropriate to the age of the patient. The  utilization
 review  agent  shall  use  CLINICAL  REVIEW  CRITERIA  DESIGNATED BY THE
 COMMISSIONER OF THE OFFICE OF MENTAL HEALTH FOR LEVEL OF  CARE  DETERMI-
 S. 4007--A                         540                        A. 3007--A
 
 NATIONS, IN CONSULTATION WITH THE COMMISSIONER AND THE SUPERINTENDENT OF
 FINANCIAL  SERVICES.    FOR COVERAGE DETERMINATIONS OUTSIDE THE SCOPE OF
 THE CRITERIA DESIGNATED FOR LEVEL OF CARE DETERMINATIONS,  THE  UTILIZA-
 TION  REVIEW AGENT SHALL USE clinical review criteria deemed appropriate
 and approved for such use by the commissioner of the  office  of  mental
 health,  in consultation with the commissioner and the superintendent of
 financial services. Approved clinical review criteria shall  have  inter
 rater reliability testing completed [by December thirty-first, two thou-
 sand nineteen] PRIOR TO IMPLEMENTATION.
   §  6. This act shall take effect one year after it shall have become a
 law. Effective immediately, the addition, amendment and/or repeal of any
 rule or regulation necessary for the implementation of this act  on  its
 effective date are authorized to be made and completed on or before such
 effective date.
 
                                 SUBPART C
 
   Section  1.  Paragraph  2  of  subsection (a) of section 3217-h of the
 insurance law, as added by section 3 of part V of chapter 57 of the laws
 of 2022, is amended to read as follows:
   (2) An insurer that  provides  comprehensive  coverage  for  hospital,
 medical  or  surgical care shall reimburse covered services delivered by
 means of telehealth on the same basis, at the same rate, and to the same
 extent that such services  are  reimbursed  when  delivered  in  person;
 provided that reimbursement of covered services delivered via telehealth
 shall  not  require  reimbursement of costs not actually incurred in the
 provision of the telehealth services, including charges related  to  the
 use  of a clinic or other facility when neither the originating site nor
 distant site occur within the clinic or other facility.  NOTWITHSTANDING
 THE  PROVISIONS  OF  THIS  PARAGRAPH,  SERVICES  PROVIDED  BY FACILITIES
 LICENSED, CERTIFIED OR OTHERWISE AUTHORIZED PURSUANT TO ARTICLE SIXTEEN,
 THIRTY-ONE, THIRTY-TWO OR THIRTY-SIX OF  THE  MENTAL  HYGIENE  LAW,  AND
 DEEMED  APPROPRIATE  TO BE PROVIDED BY TELEHEALTH BY THE COMMISSIONER OF
 THE OFFICE FOR PEOPLE WITH DEVELOPMENTAL  DISABILITIES,  THE  OFFICE  OF
 MENTAL  HEALTH,  OR  THE  OFFICE  OF ADDICTION SERVICES AND SUPPORTS, AS
 APPLICABLE, SHALL BE REIMBURSED AT THE SAME RATE AS IS  REIMBURSED  WHEN
 DELIVERED IN PERSON.
   §  2. Paragraph 2 of subsection (a) of section 4306-g of the insurance
 law, as added by section 4 of part V of chapter 57 of the laws of  2022,
 is amended to read as follows:
   (2)  A  corporation that provides comprehensive coverage for hospital,
 medical or surgical care shall reimburse covered services  delivered  by
 means of telehealth on the same basis, at the same rate, and to the same
 extent  that  such  services  are  reimbursed  when delivered in person;
 provided that reimbursement of covered services delivered via telehealth
 shall not require reimbursement of costs not actually  incurred  in  the
 provision  of  the telehealth services, including charges related to the
 use of a clinic or other facility when neither the originating site  nor
 the  distant  site occur within the clinic or other facility. The super-
 intendent may promulgate regulations to implement the provisions of this
 section. NOTWITHSTANDING THE  PROVISIONS  OF  THIS  PARAGRAPH,  SERVICES
 PROVIDED  BY  FACILITIES  LICENSED,  CERTIFIED  OR  OTHERWISE AUTHORIZED
 PURSUANT TO ARTICLE SIXTEEN, THIRTY-ONE, THIRTY-TWO OR THIRTY-SIX OF THE
 MENTAL HYGIENE LAW, AND DEEMED APPROPRIATE TO BE PROVIDED BY  TELEHEALTH
 BY THE COMMISSIONER OF THE OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISABIL-
 ITIES,  THE OFFICE OF MENTAL HEALTH, OR THE OFFICE OF ADDICTION SERVICES
 S. 4007--A                         541                        A. 3007--A
 
 AND SUPPORTS, AS APPLICABLE, SHALL BE REIMBURSED AT THE SAME RATE AS  IS
 REIMBURSED WHEN DELIVERED IN PERSON.
   §  3.  Subdivision  3  of  section 4406-g of the public health law, as
 added by section 5 of part V of chapter 57  of  the  laws  of  2022,  is
 amended to read as follows:
   3.  A  health  maintenance  organization  that  provides comprehensive
 coverage for hospital, medical or surgical care shall reimburse  covered
 services  delivered  via telehealth on the same basis, at the same rate,
 and to the extent that such services are reimbursed  when  delivered  in
 person;  provided  that  reimbursement  of covered services delivered by
 means of telehealth shall not require reimbursement of costs not actual-
 ly incurred in the  provision  of  the  telehealth  services,  including
 charges  related  to  the use of a clinic or other facility when neither
 the originating site nor the distant site occur  within  the  clinic  or
 other  facility.  The commissioner, in consultation with the superinten-
 dent, may promulgate regulations to implement  the  provisions  of  this
 section.  NOTWITHSTANDING  THE  PROVISIONS OF THIS SUBDIVISION, SERVICES
 PROVIDED BY  FACILITIES  LICENSED,  CERTIFIED  OR  OTHERWISE  AUTHORIZED
 PURSUANT TO ARTICLE SIXTEEN, THIRTY-ONE, THIRTY-TWO OR THIRTY-SIX OF THE
 MENTAL  HYGIENE LAW, AND DEEMED APPROPRIATE TO BE PROVIDED BY TELEHEALTH
 BY THE COMMISSIONER OF THE OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISABIL-
 ITIES, THE OFFICE OF MENTAL HEALTH, OR THE OFFICE OF ADDICTION  SERVICES
 AND  SUPPORTS, AS APPLICABLE, SHALL BE REIMBURSED AT THE SAME RATE AS IS
 REIMBURSED WHEN DELIVERED IN PERSON.
   § 4. This act shall take effect immediately, and shall apply to claims
 submitted on or after such date; provided that:
   (a) the amendments made to subsection (a) of  section  3217-h  of  the
 insurance law made by section one of this act shall not affect the expi-
 ration  and  reversion  of such subsection and shall be deemed to expire
 therewith;
   (b) the amendments made to subsection (a) of  section  4306-g  of  the
 insurance law made by section two of this act shall not affect the expi-
 ration  and  reversion  of such subsection and shall be deemed to expire
 therewith; and
   (c) the amendments made to subdivision 3  of  section  4406-g  of  the
 public health law made by section three of this act shall not affect the
 repeal of such subdivision and shall be deemed repealed therewith.
 
                                 SUBPART D
 
   Section 1. Section 109 of the insurance law is amended by adding a new
 subsection (e) to read as follows:
   (E)  IN  ADDITION TO ANY RIGHT OF ACTION GRANTED TO THE SUPERINTENDENT
 PURSUANT TO THIS SECTION, ANY PERSON WHO HAS BEEN INJURED BY REASON OF A
 VIOLATION OF PARAGRAPH THIRTY, THIRTY-ONE, THIRTY-ONE-A  OR  THIRTY-FIVE
 OF SUBSECTION (I) OF SECTION THIRTY-TWO HUNDRED SIXTEEN, PARAGRAPH FIVE,
 SIX,  SEVEN,  SEVEN-A OR SEVEN-B OF SUBSECTION (L) OF SECTION THIRTY-TWO
 HUNDRED TWENTY-ONE, OR SUBSECTION (G),  (K),  (L),  (L-1)  OR  (L-2)  OF
 SECTION  FORTY-THREE HUNDRED THREE OF THIS CHAPTER BY AN INSURER, CORPO-
 RATION, OR HEALTH MAINTENANCE ORGANIZATION SUBJECT TO ARTICLE THIRTY-TWO
 OR FORTY-THREE OF THIS CHAPTER MAY BRING AN ACTION IN THE  PERSON'S  OWN
 NAME  TO  RECOVER  THE  PERSON'S ACTUAL DAMAGES OR ONE THOUSAND DOLLARS,
 WHICHEVER IS GREATER; PROVIDED, HOWEVER, THAT  THE  PROVISIONS  OF  THIS
 SUBSECTION  SHALL  NOT  APPLY TO ANY HEALTH PLAN THAT EXCLUSIVELY SERVES
 INDIVIDUALS ENROLLED PURSUANT TO A FEDERAL OR STATE  INSURANCE  AFFORDA-
 BILITY  PROGRAM  AS  DEFINED IN SECTION TWO HUNDRED SIXTY-EIGHT-A OF THE
 S. 4007--A                         542                        A. 3007--A
 
 PUBLIC HEALTH LAW, THE MEDICAL ASSISTANCE PROGRAM UNDER TITLE ELEVEN  OF
 ARTICLE  FIVE  OF THE SOCIAL SERVICES LAW, CHILD HEALTH PLUS UNDER TITLE
 ONE-A OF ARTICLE TWENTY-FIVE OF THE PUBLIC HEALTH LAW, THE BASIC  HEALTH
 PROGRAM UNDER SECTION THREE HUNDRED SIXTY-NINE-GG OF THE SOCIAL SERVICES
 LAW,  OR  A  PLAN  PROVIDING  SERVICES  UNDER TITLE XVIII OF THE FEDERAL
 SOCIAL SECURITY ACT.  THE  COURT  MAY,  IN  ITS  DISCRETION,  AWARD  THE
 PREVAILING  PLAINTIFF  IN  SUCH ACTION AN ADDITIONAL AWARD NOT TO EXCEED
 FIVE THOUSAND DOLLARS IF THE COURT FINDS A WILLFUL VIOLATION PURSUANT TO
 THIS SUBSECTION. THE COURT MAY AWARD REASONABLE  ATTORNEYS'  FEES  TO  A
 PREVAILING PLAINTIFF.
   § 2. This act shall take effect immediately.
 
                                 SUBPART E
 
   Section  1.  Subparagraph  (A)  of paragraph 31-a of subsection (i) of
 section 3216 of the insurance law, as added by chapter 748 of  the  laws
 of 2019, is amended to read as follows:
   (A)  No policy that provides medical, major medical or similar compre-
 hensive-type coverage and provides coverage for prescription  drugs  for
 medication  for  the treatment of a substance use disorder shall require
 prior authorization for an  initial  or  renewal  prescription  for  THE
 DETOXIFICATION  OR  MAINTENANCE  TREATMENT  OF A SUBSTANCE USE DISORDER,
 INCLUDING  all  buprenorphine  products,  methadone  [or],  long  acting
 injectable  naltrexone [for detoxification or maintenance treatment of a
 substance use disorder], OR  MEDICATION  FOR  OPIOID  OVERDOSE  REVERSAL
 PRESCRIBED  OR  DISPENSED  TO  AN  INDIVIDUAL  COVERED UNDER THE POLICY,
 INCLUDING FEDERAL FOOD AND DRUG ADMINISTRATION-APPROVED OVER-THE-COUNTER
 OPIOID OVERDOSE REVERSAL  MEDICATION  AS  PRESCRIBED,  DISPENSED  OR  AS
 OTHERWISE  AUTHORIZED UNDER STATE OR FEDERAL LAW, except where otherwise
 prohibited by law.
   § 2. Subparagraph (A) of paragraph 7-a of subsection  (l)  of  section
 3221  of the insurance law, as added by chapter 748 of the laws of 2019,
 is amended to read as follows:
   (A) NO POLICY THAT PROVIDES MEDICAL, MAJOR MEDICAL OR SIMILAR  COMPRE-
 HENSIVE-TYPE SMALL GROUP COVERAGE AND PROVIDES COVERAGE FOR PRESCRIPTION
 DRUGS FOR MEDICATION FOR THE TREATMENT OF A SUBSTANCE USE DISORDER SHALL
 REQUIRE  PRIOR  AUTHORIZATION FOR AN INITIAL OR RENEWAL PRESCRIPTION FOR
 THE DETOXIFICATION OR MAINTENANCE TREATMENT OF A SUBSTANCE USE DISORDER,
 INCLUDING ALL BUPRENORPHINE PRODUCTS, METHADONE, LONG ACTING  INJECTABLE
 NALTREXONE,  OR  MEDICATION  FOR  OPIOID OVERDOSE REVERSAL PRESCRIBED OR
 DISPENSED TO AN INDIVIDUAL COVERED UNDER THE POLICY,  INCLUDING  FEDERAL
 FOOD  AND  DRUG ADMINISTRATION-APPROVED OVER-THE-COUNTER OPIOID OVERDOSE
 REVERSAL MEDICATION AS PRESCRIBED, DISPENSED OR AS OTHERWISE  AUTHORIZED
 UNDER  STATE  OR  FEDERAL LAW, EXCEPT WHERE OTHERWISE PROHIBITED BY LAW.
 Every policy that provides medical, major medical or similar  comprehen-
 sive-type  large  group coverage shall provide COVERAGE FOR PRESCRIPTION
 DRUGS FOR MEDICATION FOR THE TREATMENT OF A SUBSTANCE USE  DISORDER  AND
 SHALL  PROVIDE immediate coverage for all buprenorphine products, metha-
 done [or], long acting injectable naltrexone, OR MEDICATION  FOR  OPIOID
 OVERDOSE REVERSAL PRESCRIBED OR DISPENSED TO AN INDIVIDUAL COVERED UNDER
 THE  POLICY,  INCLUDING  FEDERAL  FOOD  AND DRUG ADMINISTRATION-APPROVED
 OVER-THE-COUNTER OPIOID  OVERDOSE  REVERSAL  MEDICATION  AS  PRESCRIBED,
 DISPENSED OR AS OTHERWISE AUTHORIZED UNDER STATE OR FEDERAL LAW, without
 prior authorization for the detoxification or maintenance treatment of a
 substance use disorder, EXCEPT WHERE OTHERWISE PROHIBITED BY LAW.
 S. 4007--A                         543                        A. 3007--A
 
   §  3.  Paragraph (A) of subsection (l-1) of section 4303 of the insur-
 ance law, as added by chapter 748 of the laws of  2019,  is  amended  to
 read as follows:
   (A)  NO  CONTRACT  THAT  PROVIDES  MEDICAL,  MAJOR  MEDICAL OR SIMILAR
 COMPREHENSIVE-TYPE INDIVIDUAL  OR  SMALL  GROUP  COVERAGE  AND  PROVIDES
 COVERAGE  FOR  PRESCRIPTION  DRUGS FOR MEDICATION FOR THE TREATMENT OF A
 SUBSTANCE USE DISORDER SHALL REQUIRE PRIOR AUTHORIZATION FOR AN  INITIAL
 OR  RENEWAL PRESCRIPTION FOR THE DETOXIFICATION OR MAINTENANCE TREATMENT
 OF A SUBSTANCE  USE  DISORDER,  INCLUDING  ALL  BUPRENORPHINE  PRODUCTS,
 METHADONE,  LONG  ACTING INJECTABLE NALTREXONE, OR MEDICATION FOR OPIOID
 OVERDOSE REVERSAL PRESCRIBED OR DISPENSED TO AN INDIVIDUAL COVERED UNDER
 THE CONTRACT, INCLUDING FEDERAL FOOD  AND  DRUG  ADMINISTRATION-APPROVED
 OVER-THE-COUNTER  OPIOID  OVERDOSE  REVERSAL  MEDICATION  AS PRESCRIBED,
 DISPENSED OR AS OTHERWISE AUTHORIZED UNDER STATE OR FEDERAL LAW,  EXCEPT
 WHERE OTHERWISE PROHIBITED BY LAW. Every contract that provides medical,
 major  medical, or similar comprehensive-type large group coverage shall
 provide COVERAGE FOR PRESCRIPTION DRUGS FOR MEDICATION FOR THE TREATMENT
 OF A SUBSTANCE USE DISORDER AND SHALL PROVIDE immediate coverage for all
 buprenorphine products, methadone [or], long acting injectable  naltrex-
 one,  OR MEDICATION FOR OPIOID OVERDOSE REVERSAL PRESCRIBED OR DISPENSED
 TO AN INDIVIDUAL COVERED UNDER THE CONTRACT, INCLUDING FEDERAL FOOD  AND
 DRUG  ADMINISTRATION-APPROVED  OVER-THE-COUNTER OPIOID OVERDOSE REVERSAL
 MEDICATION AS PRESCRIBED, DISPENSED OR  AS  OTHERWISE  AUTHORIZED  UNDER
 STATE OR FEDERAL LAW, without prior authorization for the detoxification
 or  maintenance  treatment  of  a  substance  use disorder, EXCEPT WHERE
 OTHERWISE PROHIBITED BY LAW.
 
                                 SUBPART F

   Section 1. Subsection (a) of 3241 of the insurance law,  as  added  by
 section  6  of  part  H of chapter 60 of the laws of 2014, is amended to
 read as follows:
   (a) (1) An  insurer,  a  corporation  organized  pursuant  to  article
 forty-three of this chapter, a municipal cooperative health benefit plan
 certified  pursuant to article forty-seven of this chapter, or a student
 health plan established or maintained pursuant to section  one  thousand
 one  hundred twenty-four of this chapter, that issues a health insurance
 policy or contract with a network of health care providers shall  ensure
 that  the  network  is adequate to meet the health needs of insureds and
 provide an appropriate choice of  providers  sufficient  to  render  the
 services covered under the policy or contract.  The superintendent shall
 review  the network of health care providers for adequacy at the time of
 the superintendent's initial approval of a health  insurance  policy  or
 contract;  at  least  every three years thereafter; and upon application
 for expansion of any service area associated with the policy or contract
 in conformance with the standards  set  forth  in  subdivision  five  of
 section  four  thousand  four hundred three of the public health law. To
 the extent that the network has been determined by the  commissioner  of
 health  to  meet  the standards set forth in subdivision five of section
 four thousand four hundred three of the public health law, such  network
 shall be deemed adequate by the superintendent.
   (2)  THE  SUPERINTENDENT,  IN  CONSULTATION  WITH  THE COMMISSIONER OF
 HEALTH, THE COMMISSIONER OF THE OFFICE OF MENTAL HEALTH, AND THE COMMIS-
 SIONER OF THE OFFICE OF ADDICTION SERVICES AND SUPPORTS,  SHALL  PROMUL-
 GATE REGULATIONS SETTING FORTH STANDARDS FOR NETWORK ADEQUACY FOR MENTAL
 S. 4007--A                         544                        A. 3007--A
 
 HEALTH  AND  SUBSTANCE  USE  DISORDER  TREATMENT.  SUCH  STANDARDS SHALL
 INCLUDE:
   (A)  REQUIREMENTS  THAT ENSURE THAT INSUREDS HAVE TIMELY AND PROXIMATE
 ACCESS TO TREATMENT FOR  MENTAL  HEALTH  CONDITIONS  AND  SUBSTANCE  USE
 DISORDERS;
   (B)  APPOINTMENT  AVAILABILITY  STANDARDS  THAT INCLUDE TIMEFRAMES FOR
 INITIAL PROVIDER VISITS, FOLLOW-UP PROVIDER VISITS, AND PROVIDER  VISITS
 FOLLOWING  DISCHARGE  FROM  A  HOSPITAL AS DEFINED BY SUBDIVISION TEN OF
 SECTION 1.03 OF THE MENTAL HYGIENE LAW OR THE EMERGENCY DEPARTMENT OF  A
 HOSPITAL  LICENSED PURSUANT TO ARTICLE TWENTY-EIGHT OF THE PUBLIC HEALTH
 LAW;
   (C) TIME AND DISTANCE STANDARDS THAT TAKE INTO  CONSIDERATION  REASON-
 ABLE  PROXIMITY TO THE INSURED'S RESIDENCE, ESTABLISHED SERVICE DELIVERY
 PATTERNS FOR THE AREA, THE GEOGRAPHIC  AREA,  AND  THE  AVAILABILITY  OF
 TELEHEALTH SERVICES; AND
   (D) RESPONSIBILITIES OF AN INSURER TO PROVIDE AN OUT-OF-NETWORK REFER-
 RAL  AT  THE  IN-NETWORK  COST-SHARING  WHEN  THERE  IS NO PARTICIPATING
 PROVIDER ABLE TO PROVIDE THE REQUESTED HEALTH CARE  SERVICE  WITHIN  THE
 TIMELY  AND  PROXIMATE  ACCESS STANDARDS ESTABLISHED BY REGULATION AND A
 NON-PARTICIPATING PROVIDER IS ABLE TO MEET SUCH  STANDARDS;  AND,  WHERE
 THE  NON-PARTICIPATING  PROVIDER  IS  A  FACILITY LICENSED, OPERATED, OR
 OTHERWISE AUTHORIZED BY THE OFFICE OF MENTAL HEALTH  OR  THE  OFFICE  OF
 ADDICTION SERVICES AND SUPPORTS, THE INSURER SHALL REIMBURSE THE FACILI-
 TY  AT  A  RATE  NEGOTIATED  BETWEEN THE INSURER AND FACILITY, OR IN THE
 ABSENCE OF A NEGOTIATED RATE, AN AMOUNT NO LESS THAN THE RATE THAT WOULD
 BE PAID FOR SUCH SERVICES PURSUANT TO  THE  MEDICAL  ASSISTANCE  PROGRAM
 UNDER TITLE ELEVEN OF ARTICLE FIVE OF THE SOCIAL SERVICES LAW.
   § 2. Subdivision 5 of section 4403 of the public health law is amended
 by adding a new paragraph (d) to read as follows:
   (D)  THE  COMMISSIONER,  IN  CONSULTATION  WITH  THE SUPERINTENDENT OF
 FINANCIAL SERVICES, THE COMMISSIONER OF THE OFFICE OF MENTAL HEALTH, AND
 THE COMMISSIONER OF THE OFFICE OF ADDICTION SERVICES AND SUPPORTS, SHALL
 PROMULGATE REGULATIONS SETTING FORTH STANDARDS FOR NETWORK ADEQUACY  FOR
 MENTAL  HEALTH  AND  SUBSTANCE  USE DISORDER TREATMENT.   SUCH STANDARDS
 SHALL INCLUDE:
   (I) REQUIREMENTS THAT ENSURE THAT ENROLLEES HAVE TIMELY AND  PROXIMATE
 ACCESS  TO  TREATMENT  FOR  MENTAL  HEALTH  CONDITIONS AND SUBSTANCE USE
 DISORDERS;
   (II) APPOINTMENT AVAILABILITY STANDARDS THAT  INCLUDE  TIMEFRAMES  FOR
 INITIAL  PROVIDER VISITS, FOLLOW-UP PROVIDER VISITS, AND PROVIDER VISITS
 FOLLOWING DISCHARGE FROM A HOSPITAL AS DEFINED  BY  SUBDIVISION  TEN  OF
 SECTION  1.03 OF THE MENTAL HYGIENE LAW OR THE EMERGENCY DEPARTMENT OF A
 HOSPITAL LICENSED PURSUANT TO ARTICLE TWENTY-EIGHT OF THE PUBLIC  HEALTH
 LAW;
   (III) TIME AND DISTANCE STANDARDS THAT TAKE INTO CONSIDERATION REASON-
 ABLE PROXIMITY TO THE ENROLLEE'S RESIDENCE, ESTABLISHED SERVICE DELIVERY
 PATTERNS  FOR  THE  AREA,  THE  GEOGRAPHIC AREA, AND THE AVAILABILITY OF
 TELEHEALTH SERVICES; AND
   (IV) RESPONSIBILITIES OF AN ORGANIZATION TO PROVIDE AN  OUT-OF-NETWORK
 REFERRAL  AT  THE IN-NETWORK COST-SHARING WHEN THERE IS NO PARTICIPATING
 PROVIDER ABLE TO PROVIDE THE REQUESTED HEALTH CARE  SERVICE  WITHIN  THE
 TIMELY  AND  PROXIMATE  ACCESS STANDARDS ESTABLISHED BY REGULATION AND A
 NON-PARTICIPATING PROVIDER IS ABLE TO MEET SUCH  STANDARDS;  AND,  WHERE
 THE  NON-PARTICIPATING  PROVIDER  IS  A  FACILITY LICENSED, OPERATED, OR
 OTHERWISE AUTHORIZED BY THE OFFICE OF MENTAL HEALTH  OR  THE  OFFICE  OF
 ADDICTION  SERVICES  AND  SUPPORTS, THE ORGANIZATION SHALL REIMBURSE THE
 S. 4007--A                         545                        A. 3007--A
 
 FACILITY AT A RATE NEGOTIATED BETWEEN THE ORGANIZATION AND FACILITY  OR,
 IN  THE  ABSENCE  OF  A NEGOTIATED RATE, AN AMOUNT NO LESS THAN THE RATE
 THAT WOULD BE PAID FOR SUCH SERVICES PURSUANT TO THE MEDICAL  ASSISTANCE
 PROGRAM UNDER TITLE ELEVEN OF ARTICLE FIVE OF THE SOCIAL SERVICES LAW.
   § 3. This act shall take effect immediately.
   § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
 sion,  section  or subpart of this act shall be adjudged by any court of
 competent jurisdiction to be invalid, such judgment  shall  not  affect,
 impair,  or  invalidate  the remainder thereof, but shall be confined in
 its operation to the clause, sentence, paragraph,  subdivision,  section
 or  subpart  thereof  directly involved in the controversy in which such
 judgment shall have been rendered. It  is  hereby  declared  to  be  the
 intent  of the legislature that this act would have been enacted even if
 such invalid provisions had not been included herein.
   § 3. This act shall take effect immediately, provided,  however,  that
 the  applicable effective date of Subparts A through F of this act shall
 be as specifically set forth in the last section of such Subparts.

                                  PART JJ
 
   Section 1. Subdivision (g) of section 31.16 of the mental hygiene law,
 as amended by chapter 351 of the laws of 1994, is  amended  to  read  as
 follows:
   (g) The commissioner may impose [a fine] SANCTIONS upon a finding that
 the holder of the certificate has failed to comply with the terms of the
 operating  certificate or with the provisions of any applicable statute,
 rule or regulation. THE COMMISSIONER SHALL BE AUTHORIZED  TO  DEVELOP  A
 SCHEDULE  FOR THE PURPOSE OF IMPOSING SUCH SANCTIONS. The maximum amount
 of [such] ANY fine IMPOSED THEREUNDER shall not exceed [one]  TWO  thou-
 sand  dollars  per  day  [or  fifteen  thousand dollars], per violation.
 PENALTIES MAY BE CONSIDERED AT THE INDIVIDUAL BED LEVEL FOR BEDS  CLOSED
 WITHOUT AUTHORIZATION AT INPATIENT SETTINGS.
   Such penalty may be recovered by an action brought by the commissioner
 in any court of competent jurisdiction.
   Such penalty may be released or compromised by the commissioner before
 the  matter  has been referred to the attorney general. Any such penalty
 may be released or compromised and any action commenced to  recover  the
 same  may  be  settled  or discontinued by the attorney general with the
 consent of the commissioner.
   § 2. This act shall take effect immediately.
   § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
 sion, section or part of this act shall be  adjudged  by  any  court  of
 competent  jurisdiction  to  be invalid, such judgment shall not affect,
 impair, or invalidate the remainder thereof, but shall  be  confined  in
 its  operation  to the clause, sentence, paragraph, subdivision, section
 or part thereof directly involved in the controversy in which such judg-
 ment shall have been rendered. It is hereby declared to be the intent of
 the legislature that this act would  have  been  enacted  even  if  such
 invalid provisions had not been included herein.
   §  3.  This  act shall take effect immediately provided, however, that
 the applicable effective date of Parts A through JJ of this act shall be
 as specifically set forth in the last section of such Parts.

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3007--B
 
                           I N  A S S E M B L Y
 
                             February 1, 2023
                                ___________
 
 A  BUDGET  BILL,  submitted by the Governor pursuant to article seven of
   the Constitution -- read once and referred to the  Committee  on  Ways
   and  Means -- committee discharged, bill amended, ordered reprinted as
   amended and recommitted to said committee -- again reported from  said
   committee  with amendments, ordered reprinted as amended and recommit-
   ted to said committee

 AN ACT to amend part H of chapter 59 of the laws of 2011,  amending  the
   public  health  law  and  other  laws  relating  to  general  hospital
   reimbursement for annual rates, in relation  to  known  and  projected
   department  of  health  state  fund medicaid expenditures (Part A); to
   amend chapter 451 of the laws of 2007, amending the public health law,
   the social services law and the insurance law  relating  to  providing
   enhanced  consumer and provider protections, in relation to the effec-
   tiveness of certain provisions relating to  contracts  between  plans,
   insurers, or corporations and hospitals; to amend part C of chapter 58
   of  the  laws of 2007, amending the social services law and other laws
   relating to adjustments of rates, in relation to the effectiveness  of
   certain  provisions  relating  to  the  amount of income to be applied
   toward the cost of medical care, services and supplies of institution-
   alized spouses; to amend chapter 906 of the laws of 1984, amending the
   social services law relating to expanding medical assistance eligibil-
   ity and the scope of services available to certain persons with  disa-
   bilities,  in  relation  to  the  effectiveness  thereof; to amend the
   social services law, in relation to the age of  eligibility  for  home
   and community-based services waivers; to amend chapter 313 of the laws
   of 2018, amending the public health law relating to body imaging scan-
   ning  equipment,  in  relation  to the effectiveness thereof; to amend
   chapter 426 of the laws of 1983, amending the public health law relat-
   ing to professional misconduct proceedings, in relation to the  effec-
   tiveness  of  certain  provisions thereof; to amend chapter 582 of the
   laws of 1984, amending the public health law  relating  to  regulating
   activities  of physicians, in relation to the effectiveness of certain
   provisions thereof; to amend the public health  law,  in  relation  to
   extending the demonstration period in certain physician committees; to
   amend  chapter 505 of the laws of 1995, amending the public health law
   relating to the operation  of  department  of  health  facilities,  in
   relation to the effectiveness thereof; to amend the public health law,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD12571-03-3
 A. 3007--B                          2
 
   in  relation to reimbursement rate promulgation for residential health
   care facilities; to amend the public health law, in relation to certi-
   fied home health agency services payments; to amend chapter 19 of  the
   laws  of  1998,  amending the social services law relating to limiting
   the method of payment for prescription drugs under the medical assist-
   ance program, in relation to the effectiveness thereof; to  amend  the
   public  health  law,  in  relation  to  continuing  nursing home upper
   payment limit payments; to amend chapter 904  of  the  laws  of  1984,
   amending the public health law and the social services law relating to
   encouraging  comprehensive  health services, in relation to the effec-
   tiveness thereof; to amend part X2 of chapter 62 of the laws of  2003,
   amending  the  public  health  law relating to allowing for the use of
   funds of the office of professional medical conduct for activities  of
   the patient health information and quality improvement act of 2000, in
   relation  to  the  effectiveness  of  certain  provisions  relating to
   increasing information available to patients; to amend part H of chap-
   ter 59 of the laws of 2011, amending the public health law relating to
   the statewide health information network of New York and the statewide
   planning and  research  cooperative  system  and  general  powers  and
   duties,  in  relation to making certain provisions permanent; to amend
   part A of chapter 58 of the laws of 2008, amending the elder  law  and
   other laws relating to reimbursement to participating provider pharma-
   cies  and  prescription  drug  coverage,  in relation to extending the
   expiration of certain provisions thereof; to amend chapter 474 of  the
   laws  of  1996,  amending the education law and other laws relating to
   rates for residential health care facilities, in relation to extending
   the effectiveness of certain provisions thereof;  to amend chapter  81
   of  the  laws  of  1995, amending the public health law and other laws
   relating to medical reimbursement and welfare reform, in  relation  to
   extending  the  effectiveness  of certain provisions thereof; to amend
   the social services law, in relation to the effectiveness  of  certain
   provisions relating to negotiation of supplemental rebates relating to
   medication  assisted  treatment;  to amend part B of chapter 57 of the
   laws of 2015, amending the social services law and other laws relating
   to supplemental rebates, in relation to the effectiveness thereof;  to
   amend  part  KK of chapter 56 of the laws of 2020, amending the public
   health law relating to the designation of statewide  general  hospital
   quality  and sole community pools and the reduction of capital related
   inpatient expenses, in relation to the effectiveness thereof; to amend
   chapter 779 of the laws of 1986,  amending  the  social  services  law
   relating  to  authorizing  services  for non-residents in adult homes,
   residences for adults and enriched housing programs,  in  relation  to
   extending  the  effectiveness  of certain provisions thereof; to amend
   chapter 884 of the laws of 1990, amending the public health law relat-
   ing to authorizing bad debt and charity care allowances for  certified
   home health agencies, in relation to extending the provisions thereof;
   to  amend  chapter  81 of the laws of 1995, amending the public health
   law and other laws  relating  to  medical  reimbursement  and  welfare
   reform,  in  relation to the effectiveness thereof; to amend part A of
   chapter 56 of the laws of 2013, amending chapter 59  of  the  laws  of
   2011 amending the public health law and other laws relating to general
   hospital  reimbursement  for  annual  rates,  in relation to extending
   government rates for behavioral services  and  adding  an  alternative
   payment  methodology  requirement;  to amend the public health law, in
   relation to residential health care  facility  assessments;  to  amend
   part  MM  of chapter 57 of the laws of 2021 amending the public health
 A. 3007--B                          3
 
   law relating to aiding in the transition  to  adulthood  for  children
   with  medical  fragility  living  in pediatric nursing homes and other
   settings, in relation to the effectiveness thereof; to  amend  chapter
   471  of  the  laws  of  2016 amending the education law and the public
   health law relating to authorizing certain advanced home health  aides
   to  perform  certain  advanced tasks, in relation to providing for the
   repeal of certain provisions thereof; and to amend part R  of  chapter
   59  of the laws of 2016, amending the public health law and the educa-
   tion law relating to electronic  prescriptions,  in  relation  to  the
   effectiveness  thereof (Part B); to amend part A3 of chapter 62 of the
   laws of 2003 amending the general business law and other laws relating
   to enacting major components necessary to implement the  state  fiscal
   plan  for  the 2003-04 state fiscal year, in relation to extending the
   effectiveness of provisions thereof; to amend the New York Health Care
   Reform Act of 1996, in relation to extending certain provisions relat-
   ing thereto; to amend the New York Health Care Reform Act of 2000,  in
   relation  to  extending  the  effectiveness  of provisions thereof; to
   amend  the  public  health  law,  in  relation  to  extending  certain
   provisions relating to the distribution of pool allocations and gradu-
   ate  medical education; to amend the public health law, in relation to
   extending certain provisions relating to health care  initiative  pool
   distributions;  to  amend  the  social  services  law,  in relation to
   extending payment provisions for general hospitals; and to  amend  the
   public  health law, in relation to extending certain provisions relat-
   ing to the assessments on covered lives (Part C); intentionally  omit-
   ted  (Part D); to amend the public health law, in relation to amending
   and extending the voluntary indigent care pool; in relation to  estab-
   lishing the definition of rural emergency hospital; and in relation to
   expanding  eligibility  for  vital  access  provider assurance program
   funding; and to amend Part I of chapter 57 of the laws of 2022  relat-
   ing  to  providing  a one percent across the board payment increase to
   all qualifying fee-for-service Medicaid rates, in relation to Medicaid
   payments made  for  the  operating  component  of  hospital  inpatient
   services  (Part  E); to amend chapter 266 of the laws of 1986 amending
   the civil practice law and rules and other laws relating to   malprac-
   tice  and  professional medical  conduct, in relation to extending the
   effectiveness of certain provisions  thereof; to amend part J of chap-
   ter  63  of  the laws of 2001 amending chapter 266 of the laws of 1986
   amending the civil practice law and rules and other laws  relating  to
   malpractice and professional medical conduct, in relation to extending
   certain  provisions concerning the hospital excess liability pool; and
   to amend part H of chapter  57  of the  laws  of  2017 amending    the
   New    York  Health Care Reform Act of 1996 and other laws relating to
   extending certain provisions relating thereto, in relation to  extend-
   ing  provisions  relating  to  excess coverage (Part F); intentionally
   omitted (Part G); to amend the social services  law,  in  relation  to
   enacting  the  1332  state  innovation program; and to amend the state
   finance law, in relation to establishing  the  1332  state  innovation
   program  fund  (Part  H); to amend part H of chapter 59 of the laws of
   2011, amending the public health law and other laws relating to  known
   and projected department of health state fund medical expenditures, in
   relation  to  extending  the  provisions  thereof; to amend the public
   health law, in relation  to  extending  authority  to  enroll  certain
   recipients  in need of more than 120 days of community based-long term
   care in a managed long term care plan; to amend the public health law,
   in relation to extending the moratorium on the processing and approval
 A. 3007--B                          4
 
   of applications seeking a certificate of authority as a  managed  long
   term  care plan; and to amend part I of chapter 57 of the laws of 2022
   providing a one percent across the board payment increase to all qual-
   ifying  fee-for-service  Medicaid  rates,  in relation to providing an
   additional increase to all qualifying fee-for-service  Medicaid  rates
   for  the  operating  component  of  residential health care facilities
   services and an additional increase to all qualifying  fee-for-service
   Medicaid rates for the operating component of assisted living programs
   (Part I); intentionally omitted (Part J); to amend the social services
   law,  in  relation  to  authorizing  Medicaid  eligibility for certain
   services provided to individuals who are in  a  correctional  institu-
   tion,  and  for certain services provided to individuals who are in an
   institution for mental disease (Part K); intentionally  omitted  (Part
   L);  intentionally omitted (Part M); to amend the social services law,
   in relation to expanding the Medicaid Buy-In program for  people  with
   disabilities  (Part  N);  intentionally omitted (Part O); to amend the
   public health law, in relation to establishing a new statewide  health
   care  transformative  program  (Part  P); to amend the social services
   law, in relation to establishing Medicaid reimbursement for  community
   health  workers  (CHWs)  for  high-risk  populations; and to amend the
   public health law, in relation to permitting  licensed  mental  health
   counselors,  licensed  creative arts therapists, and licensed marriage
   and family therapists in community health  centers  to  be  reimbursed
   (Part  Q); to amend the social services law and the public health law,
   in relation to expanding Medicaid coverage of preventative health care
   services (Part R); to amend the public  health  law,  in  relation  to
   functions  of  the state and regional emergency medical services coun-
   cils (Part S); intentionally omitted (Part T);  intentionally  omitted
   (Part  U); intentionally omitted (Part V); to amend chapter 471 of the
   laws of 2016 amending the education law  and  the  public  health  law
   relating  to authorizing certain advanced home health aides to perform
   certain advanced tasks, in relation to the effectiveness thereof (Part
   W); to amend the public health law, in relation to providing  for  the
   registration  of  temporary health care services agencies (Part X); to
   amend the civil practice law and  rules  and  the  judiciary  law,  in
   relation  to  affidavits  for medical debt actions (Subpart A); Inten-
   tionally omitted (Subpart B); to  amend  the  public  health  law,  in
   relation  to requiring hospitals participating in the general hospital
   indigent care pool to use certain forms for the collection of  medical
   debt (Subpart C); and to amend the insurance law, in relation to guar-
   anty  fund  coverage for insurers writing health insurance (Subpart D)
   (Part Y); intentionally omitted (Part Z); to amend the  public  health
   law,  in relation to hepatitis C screening and requiring third trimes-
   ter syphilis testing  (Part  AA);  intentionally  omitted  (Part  BB);
   intentionally omitted (Part CC); in relation to establishing a cost of
   living adjustment for designated human services programs (Part DD); to
   amend  part  A  of chapter 56 of the laws of 2013, amending the social
   services law and other laws relating to enacting the major  components
   of  legislation  necessary  to implement the health and mental hygiene
   budget for the 2013-2014 state fiscal year, in relation to the  effec-
   tiveness  of certain provisions thereof (Part EE); intentionally omit-
   ted (Part FF); intentionally omitted (Part GG); to  amend  the  mental
   hygiene  law,  in  relation  to  certified community behavioral health
   clinics (Part HH);  intentionally  omitted  (Part  II);  intentionally
   omitted  (Part  JJ); in relation to establishing a task force to study
   aging in place in mental health housing; and providing for the  repeal
 A. 3007--B                          5
 
   of  such  provisions  upon  expiration thereof (Part KK); to amend the
   social services law, in relation to coverage for services provided  by
   school-based  health centers for medical assistance recipients; and to
   amend  part  JJ  of chapter 57 of the laws of 2021 amending the social
   services law relating to managed care programs,  in  relation  to  the
   effectiveness  thereof (Part LL); to amend the social services law, in
   relation to eligibility criteria for health homes (Part MM); to repeal
   sections 1 and 1-a of part FFF of chapter  56  of  the  laws  of  2020
   directing the department of health to remove the pharmacy benefit from
   the  managed  care benefit package and to provide the pharmacy benefit
   under the fee for service  program,  relating  to  prescription  drugs
   under  the  Medicaid program (Part NN); and to amend the public health
   law, in relation to expanding health care services provided  by  tele-
   health (Part OO)
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. This act enacts into law major  components  of  legislation
 necessary  to  implement  the state health and mental hygiene budget for
 the 2023-2024 state fiscal year.  Each  component  is  wholly  contained
 within  a  Part identified as Parts A through OO. The effective date for
 each particular provision contained within such Part is set forth in the
 last section of such Part. Any provision in any section contained within
 a Part, including the effective date of the Part, which makes  a  refer-
 ence  to  a  section  "of  this  act", when used in connection with that
 particular component, shall be deemed to mean and refer  to  the  corre-
 sponding section of the Part in which it is found. Section three of this
 act sets forth the general effective date of this act.
 
                                  PART A
 
   Section  1.  Paragraph (a) of subdivision 1 of section 92 of part H of
 chapter 59 of the laws of 2011, amending the public health law and other
 laws relating to general hospital reimbursement  for  annual  rates,  as
 amended  by  section  2  of part H of chapter 57 of the laws of 2022, is
 amended to read as follows:
   (a) For state fiscal years  2011-12  through  [2023-24]  2024-25,  the
 director  of the budget, in consultation with the commissioner of health
 referenced as "commissioner" for purposes of this section, shall  assess
 on  a  quarterly  basis,  as  reflected in quarterly reports pursuant to
 subdivision five of this  section  known  and  projected  department  of
 health  state  funds medicaid expenditures by category of service and by
 geographic regions, as defined by the commissioner.
   § 2. This act shall take effect immediately and  shall  be  deemed  to
 have been in full force and effect on and after April 1, 2023.
 
                                  PART B
 
   Section  1.  Subdivision 1 of section 20 of chapter 451 of the laws of
 2007 amending the public health law, the social  services  law  and  the
 insurance  law  relating  to  providing  enhanced  consumer and provider
 protections, as amended by chapter 181 of the laws of 2021,  is  amended
 to read as follows:
 A. 3007--B                          6

   1.  sections  four, eleven and thirteen  of this act shall take effect
 immediately and shall expire and be  deemed  repealed  June  30,  [2023]
 2025;
   § 2. Subdivision 6-a of section 93 of part C of chapter 58 of the laws
 of  2007,  amending  the  social services law and other laws relating to
 adjustments of rates, as amended by section 2 of part T of chapter 57 of
 the laws of 2018, is amended to read as follows:
   6-a. section fifty-seven of  this  act  shall  expire  and  be  deemed
 repealed  [on  March  31, 2023] MARCH 31, 2028; provided that the amend-
 ments made by such section to subdivision 4  of  section  366-c  of  the
 social  services law shall apply with respect to determining initial and
 continuing eligibility for medical assistance, including  the  continued
 eligibility  of  recipients  originally determined eligible prior to the
 effective date of this act, and provided further  that  such  amendments
 shall  not apply to any person or group of persons if it is subsequently
 determined by the Centers for Medicare and Medicaid  services  or  by  a
 court  of  competent  jurisdiction  that medical assistance with federal
 financial participation is available for the costs of services  provided
 to  such  person  or  persons  under  the provisions of subdivision 4 of
 section 366-c of the social services law in effect immediately prior  to
 the effective date of this act.
   § 3. Section 3 of chapter 906 of the laws of 1984, amending the social
 services  law  relating  to expanding medical assistance eligibility and
 the scope of services available to certain persons with disabilities, as
 amended by section 4 of part T of chapter 57 of the  laws  of  2018,  is
 amended to read as follows:
   §  3.  This  act shall take effect on the thirtieth day after it shall
 have become a law and shall be of no  further  force  and  effect  after
 [March  31,  2023]  MARCH 31, 2028, at which time the provisions of this
 act shall be deemed to be repealed.
   § 4. Subparagraph (i) of paragraph b of subdivision 6 of  section  366
 of  the  social  services  law, as amended by chapter 389 of the laws of
 2008, is amended to read as follows:
   (i) be [eighteen] TWENTY-ONE years of age or under;
   § 5. Subparagraph (i) of paragraph b of subdivision 7 of  section  366
 of  the  social  services  law, as amended by chapter 324 of the laws of
 2004, is amended to read as follows:
   (i) be [eighteen] TWENTY-ONE years of age or under;
   § 6. Subparagraph (i) of paragraph b of subdivision 9 of  section  366
 of the social services law, as added by chapter 170 of the laws of 1994,
 is amended to read as follows:
   (i) be under [eighteen] TWENTY-ONE years of age;
   § 7. Section 2 of chapter 313 of the laws of 2018, amending the public
 health  law  relating  to body imaging scanning equipment, is amended to
 read as follows:
   § 2. This act shall take effect on the one hundred twentieth day after
 it shall have become a law; provided,  however,  that,  effective  imme-
 diately,  the  addition, amendment, and/or repeal of any rules and regu-
 lations necessary to implement the provisions of this act on its  effec-
 tive date are directed to be completed on or before such effective date;
 and  provided further, that this act shall expire and be deemed repealed
 [five years after such effective date] JANUARY 30, 2029.
   § 8. Section 5 of chapter 426 of the laws of 1983, amending the public
 health law relating to professional misconduct proceedings,  as  amended
 by chapter 106 of the laws of 2018, is amended to read as follows:
 A. 3007--B                          7
 
   §  5. This act shall take effect June 1, 1983 and shall remain in full
 force and effect until July 1, [2023] 2028.
   § 9. Section 5 of chapter 582 of the laws of 1984, amending the public
 health  law  relating to regulating activities of physicians, as amended
 by chapter 106 of the laws of 2018, is amended to read as follows:
   § 5. This act shall take effect immediately, provided however that the
 provisions of this act shall remain in full force and effect until  July
 1,  [2023] 2028 at which time the provisions of this act shall be deemed
 to be repealed.
   § 10. Subparagraph (ii) of paragraph (c) of subdivision 11 of  section
 230  of  the public health law, as amended by chapter 106 of the laws of
 2018, is amended to read as follows:
   (ii) Participation and membership during a  three  year  demonstration
 period  in  a physician committee of the Medical Society of the State of
 New York or the New York State Osteopathic Society whose purpose  is  to
 confront and refer to treatment physicians who are thought to be suffer-
 ing  from  alcoholism, drug abuse, or mental illness. Such demonstration
 period shall commence on April first, nineteen hundred eighty and termi-
 nate on May thirty-first, nineteen hundred eighty-three.  An  additional
 demonstration  period  shall  commence  on  June first, nineteen hundred
 eighty-three and  terminate  on  March  thirty-first,  nineteen  hundred
 eighty-six.  An  additional demonstration period shall commence on April
 first, nineteen hundred eighty-six and terminate on March  thirty-first,
 nineteen  hundred  eighty-nine. An additional demonstration period shall
 commence April first, nineteen hundred eighty-nine and  terminate  March
 thirty-first,  nineteen  hundred ninety-two. An additional demonstration
 period shall commence  April  first,  nineteen  hundred  ninety-two  and
 terminate  March  thirty-first,  nineteen  hundred ninety-five. An addi-
 tional demonstration period shall  commence  on  April  first,  nineteen
 hundred  ninety-five  and  terminate  on  March  thirty-first,  nineteen
 hundred ninety-eight. An additional demonstration period shall  commence
 on  April  first,  nineteen  hundred ninety-eight and terminate on March
 thirty-first, two thousand three.  An  additional  demonstration  period
 shall commence on April first, two thousand three and terminate on March
 thirty-first,  two thousand thirteen. An additional demonstration period
 shall commence April first, two thousand thirteen and terminate on March
 thirty-first, two thousand eighteen. An additional demonstration  period
 shall  commence April first, two thousand eighteen and terminate on July
 first, two thousand [twenty-three] TWENTY-EIGHT provided, however,  that
 the commissioner may prescribe requirements for the continuation of such
 demonstration  program,  including periodic reviews of such programs and
 submission of any reports and data necessary  to  permit  such  reviews.
 During  these  additional  periods,  the provisions of this subparagraph
 shall also apply to a physician committee of a county medical society.
   § 11. Section 4 of chapter 505 of  the  laws  of  1995,  amending  the
 public  health  law  relating  to  the operation of department of health
 facilities, as amended by section 1 of part E of chapter 57 of the  laws
 of 2019, is amended to read as follows:
   §  4.  This act shall take effect immediately; provided, however, that
 the provisions of paragraph (b) of subdivision 4 of section 409-c of the
 public health law, as added by section three of  this  act,  shall  take
 effect  January 1, 1996 and shall expire and be deemed repealed [twenty-
 eight years from the effective date thereof] MARCH 31, 2027.
   § 12. Paragraph (b) of subdivision 17 of section 2808  of  the  public
 health law, as amended by section 15 of part E of chapter 57 of the laws
 of 2019, is amended to read as follows:
 A. 3007--B                          8
 
   (b) Notwithstanding any inconsistent provision of law or regulation to
 the  contrary,  for  the  state  fiscal years beginning April first, two
 thousand ten and ending March thirty-first, two thousand  [twenty-three]
 TWENTY-FOUR,  the commissioner shall not be required to revise certified
 rates  of  payment established pursuant to this article for rate periods
 prior to April first, two thousand [twenty-three] TWENTY-SEVEN, based on
 consideration of rate appeals filed by residential health  care  facili-
 ties or based upon adjustments to capital cost reimbursement as a result
 of approval by the commissioner of an application for construction under
 section twenty-eight hundred two of this article, in excess of an aggre-
 gate  annual amount of eighty million dollars for each such state fiscal
 year provided, however, that for the period April  first,  two  thousand
 eleven  through  March  thirty-first, two thousand twelve such aggregate
 annual amount shall be fifty million dollars.  In  revising  such  rates
 within  such  fiscal limit, the commissioner shall, in prioritizing such
 rate appeals, include consideration of which facilities the commissioner
 determines are facing significant financial hardship  as  well  as  such
 other considerations as the commissioner deems appropriate and, further,
 the commissioner is authorized to enter into agreements with such facil-
 ities  or  any  other  facility to resolve multiple pending rate appeals
 based upon a negotiated aggregate amount and may offset such  negotiated
 aggregate  amounts  against  any  amounts  owed  by  the facility to the
 department, including, but not limited  to,  amounts  owed  pursuant  to
 section twenty-eight hundred seven-d of this article; provided, however,
 that the commissioner's authority to negotiate such agreements resolving
 multiple  pending  rate appeals as hereinbefore described shall continue
 on and after April first, two thousand [twenty-three] TWENTY-SEVEN. Rate
 adjustments made pursuant to this  paragraph  remain  fully  subject  to
 approval by the director of the budget in accordance with the provisions
 of  subdivision  two of section twenty-eight hundred seven of this arti-
 cle.
   § 13. Paragraph (a) of subdivision 13 of section 3614  of  the  public
 health law, as amended by section 16 of part E of chapter 57 of the laws
 of 2019, is amended to read as follows:
   (a)  Notwithstanding  any  inconsistent provision of law or regulation
 and subject to the  availability  of  federal  financial  participation,
 effective  April  first, two thousand twelve through March thirty-first,
 two thousand [twenty-three] TWENTY-FOUR, payments by government agencies
 for services provided by certified home health agencies, except for such
 services provided to children under eighteen  years  of  age  and  other
 discreet  groups  as  may  be determined by the commissioner pursuant to
 regulations, shall be based on episodic payments. In  establishing  such
 payments, a statewide base price shall be established for each sixty day
 episode  of  care  and  adjusted  by a regional wage index factor and an
 individual patient case mix index. Such episodic payments may be further
 adjusted for low utilization cases and to reflect a  percentage  limita-
 tion  of the cost for high-utilization cases that exceed outlier thresh-
 olds of such payments.
   § 14. Section 4 of chapter 19 of the laws of 1998, amending the social
 services law relating to limiting the method of payment for prescription
 drugs under the medical assistance program, as amended by section  2  of
 part  BB  of  chapter  56  of  the  laws  of 2020, is amended to read as
 follows:
   § 4. This act shall take effect 120 days after it shall have become  a
 law and shall expire and be deemed repealed March 31, [2023] 2024.
 A. 3007--B                          9
 
   §  15. Paragraph (e-1) of subdivision 12 of section 2808 of the public
 health law, as amended by section 3 of part BB of chapter 56 of the laws
 of 2020, is amended to read as follows:
   (e-1) Notwithstanding any inconsistent provision of law or regulation,
 the  commissioner  shall  provide,  in  addition to payments established
 pursuant to this article prior to application  of  this  section,  addi-
 tional  payments  under the medical assistance program pursuant to title
 eleven of article five of the social services law for non-state operated
 public residential health care facilities, including public  residential
 health  care  facilities  located in the county of Nassau, the county of
 Westchester and the county of Erie,  but  excluding  public  residential
 health  care  facilities  operated by a town or city within a county, in
 aggregate annual amounts of up to one hundred fifty million  dollars  in
 additional payments for the state fiscal year beginning April first, two
 thousand  six  and  for the state fiscal year beginning April first, two
 thousand seven and for the state fiscal year beginning April first,  two
 thousand eight and of up to three hundred million dollars in such aggre-
 gate  annual  additional  payments  for  the state fiscal year beginning
 April first, two thousand nine, and for the state fiscal year  beginning
 April  first,  two  thousand ten and for the state fiscal year beginning
 April first, two thousand eleven, and for the state fiscal years  begin-
 ning  April  first,  two  thousand  twelve and April first, two thousand
 thirteen, and of up to five hundred million dollars  in  such  aggregate
 annual  additional  payments  for the state fiscal years beginning April
 first, two thousand fourteen, April  first,  two  thousand  fifteen  and
 April  first,  two  thousand  sixteen  and of up to five hundred million
 dollars in such aggregate  annual  additional  payments  for  the  state
 fiscal years beginning April first, two thousand seventeen, April first,
 two thousand eighteen, and April first, two thousand nineteen, and of up
 to  five  hundred  million  dollars  in such aggregate annual additional
 payments for the state fiscal years beginning April first, two  thousand
 twenty, April first, two thousand twenty-one, and April first, two thou-
 sand  twenty-two,  AND  OF  UP  TO  FIVE HUNDRED MILLION DOLLARS IN SUCH
 AGGREGATE ANNUAL ADDITIONAL PAYMENTS FOR THE STATE FISCAL  YEARS  BEGIN-
 NING  APRIL  FIRST, TWO THOUSAND TWENTY-THREE, APRIL FIRST, TWO THOUSAND
 TWENTY-FOUR, AND APRIL FIRST, TWO THOUSAND TWENTY-FIVE. The amount allo-
 cated to each eligible public residential health care facility for  this
 period  shall be computed in accordance with the provisions of paragraph
 (f) of this subdivision, provided, however, that patient days  shall  be
 utilized  for  such  computation reflecting actual reported data for two
 thousand three and each representative succeeding  year  as  applicable,
 and  provided  further,  however,  that,  in  consultation with impacted
 providers, of the funds allocated for distribution in the  state  fiscal
 year  beginning  April  first,  two  thousand thirteen, up to thirty-two
 million dollars may be allocated in accordance with paragraph  (f-1)  of
 this subdivision.
   §  16.  Section  18  of  chapter 904 of the laws of 1984, amending the
 public health law and the social services law  relating  to  encouraging
 comprehensive  health  services,  as  amended by section 4 of part BB of
 chapter 56 of the laws of 2020, is amended to read as follows:
   § 18. This act shall take effect  immediately,  except  that  sections
 six,  nine, ten and eleven of this act shall take effect on the sixtieth
 day after it shall have become a law, sections two, three, four and nine
 of this act shall expire and be of no further  force  or  effect  on  or
 after  March  31, [2023] 2026, section two of this act shall take effect
 on April 1, 1985 or seventy-five days following the  submission  of  the
 A. 3007--B                         10
 
 report  required  by  section  one  of this act, whichever is later, and
 sections eleven and thirteen of this act  shall  expire  and  be  of  no
 further force or effect on or after March 31, 1988.
   § 17. Section 4 of part X2 of chapter 62 of the laws of 2003, amending
 the  public  health law relating to allowing for the use of funds of the
 office of professional medical conduct for  activities  of  the  patient
 health  information  and  quality improvement act of 2000, as amended by
 section 5 of part BB of chapter 56 of the laws of 2020,  is  amended  to
 read as follows:
   §  4.  This  act  shall  take  effect  immediately  provided  that the
 provisions of section one of this act shall be deemed to  have  been  in
 full force and effect on and after April 1, 2003, and shall expire March
 31, [2023] 2026 when upon such date the provisions of such section shall
 be deemed repealed.
   §  18.  Subdivision  (o) of section 111 of part H of chapter 59 of the
 laws of 2011, amending the public health law relating to  the  statewide
 health  information  network  of New York and the statewide planning and
 research cooperative system and general powers and duties, as amended by
 section 6 of part BB of chapter 56 of the laws of 2020,  is  amended  to
 read as follows:
   (o)  sections thirty-eight and thirty-eight-a of this act shall expire
 and be deemed repealed March 31, [2023] 2026;
   § 19. Section 32 of part A of chapter 58 of the laws of 2008, amending
 the elder law and other laws relating to reimbursement to  participating
 provider  pharmacies  and  prescription  drug  coverage,  as  amended by
 section 7 of part BB of chapter 56 of the laws of 2020,  is  amended  to
 read as follows:
   §  32.  This  act shall take effect immediately and shall be deemed to
 have been in full force and effect on and after April 1, 2008;  provided
 however,  that  sections  one, six-a, nineteen, twenty, twenty-four, and
 twenty-five of this act shall take effect July 1, 2008; provided however
 that sections sixteen, seventeen and eighteen of this act  shall  expire
 April  1,  [2023]  2026;  provided, however, that the amendments made by
 section twenty-eight of this act shall take effect on the same  date  as
 section  1  of  chapter  281  of the laws of 2007 takes effect; provided
 further, that sections twenty-nine, thirty, and thirty-one of  this  act
 shall  take effect October 1, 2008; provided further, that section twen-
 ty-seven of this act shall take effect January  1,  2009;  and  provided
 further,  that  section  twenty-seven  of  this  act shall expire and be
 deemed repealed March 31, [2023] 2026; and provided,  further,  however,
 that the amendments to subdivision 1 of section 241 of the education law
 made  by section twenty-nine of this act shall not affect the expiration
 of such subdivision and shall be deemed to expire therewith and provided
 that the amendments to section 272 of the  public  health  law  made  by
 section  thirty  of this act shall not affect the repeal of such section
 and shall be deemed repealed therewith.
   § 20. Section 228 of chapter 474 of the laws  of  1996,  amending  the
 education  law  and  other laws relating to rates for residential health
 care facilities, as amended by section 12 of part BB of  chapter  56  of
 the laws of 2020, is amended to read as follows:
   §  228.  1.  Definitions.  (a)  Regions, for purposes of this section,
 shall mean a downstate region to consist of Kings, New  York,  Richmond,
 Queens,  Bronx,  Nassau  and  Suffolk  counties and an upstate region to
 consist of all other New York state counties. A  certified  home  health
 agency  or  long  term  home health care program shall be located in the
 A. 3007--B                         11
 
 same county utilized by the commissioner of health for the establishment
 of rates pursuant to article 36 of the public health law.
   (b)  Certified  home  health  agency  (CHHA)  shall  mean such term as
 defined in section 3602 of the public health law.
   (c) Long term home health care program (LTHHCP) shall mean  such  term
 as defined in subdivision 8 of section 3602 of the public health law.
   (d) Regional group shall mean all those CHHAs and LTHHCPs, respective-
 ly, located within a region.
   (e)  Medicaid  revenue percentage, for purposes of this section, shall
 mean CHHA and LTHHCP  revenues  attributable  to  services  provided  to
 persons  eligible  for payments pursuant to title 11 of article 5 of the
 social services law divided by such revenues plus CHHA and LTHHCP reven-
 ues attributable to services provided to beneficiaries of Title XVIII of
 the federal social security act (medicare).
   (f) Base period, for purposes of this  section,  shall  mean  calendar
 year 1995.
   (g) Target period. For purposes of this section, the 1996 target peri-
 od  shall  mean  August  1, 1996 through March 31, 1997, the 1997 target
 period shall mean January 1, 1997 through November 30,  1997,  the  1998
 target  period shall mean January 1, 1998 through November 30, 1998, the
 1999 target period shall mean January 1, 1999 through November 30, 1999,
 the 2000 target period shall mean January 1, 2000 through  November  30,
 2000, the 2001 target period shall mean January 1, 2001 through November
 30,  2001,  the  2002  target  period shall mean January 1, 2002 through
 November 30, 2002, the 2003 target period shall  mean  January  1,  2003
 through  November 30, 2003, the 2004 target period shall mean January 1,
 2004 through November 30, 2004, and the 2005 target  period  shall  mean
 January  1, 2005 through November 30, 2005, the 2006 target period shall
 mean January 1, 2006 through November 30,  2006,  and  the  2007  target
 period shall mean January 1, 2007 through November 30, 2007 and the 2008
 target  period shall mean January 1, 2008 through November 30, 2008, and
 the 2009 target period shall mean January 1, 2009 through  November  30,
 2009  and  the  2010  target  period  shall mean January 1, 2010 through
 November 30, 2010 and the 2011 target period shall mean January 1,  2011
 through  November 30, 2011 and the 2012 target period shall mean January
 1, 2012 through November 30, 2012 and the 2013 target period shall  mean
 January  1,  2013  through November 30, 2013, and the 2014 target period
 shall mean January 1, 2014 through November 30, 2014 and the 2015 target
 period shall mean January 1, 2015 through November 30, 2015 and the 2016
 target period shall mean January 1, 2016 through November 30,  2016  and
 the  2017  target period shall mean January 1, 2017 through November 30,
 2017 and the 2018 target period  shall  mean  January  1,  2018  through
 November  30, 2018 and the 2019 target period shall mean January 1, 2019
 through November 30, 2019 and the 2020 target period shall mean  January
 1,  2020  through  November 30, 2020[,] and the 2021 target period shall
 mean January 1, 2021 through November 30, 2021 and the 2022 target peri-
 od shall mean January 1, 2022 through November 30,  2022  and  the  2023
 target  period  shall mean January 1, 2023 through November 30, 2023 AND
 THE 2024 TARGET PERIOD SHALL MEAN JANUARY 1, 2024 THROUGH  NOVEMBER  30,
 2024  AND  THE  2025  TARGET  PERIOD  SHALL MEAN JANUARY 1, 2025 THROUGH
 NOVEMBER 30, 2025 AND THE 2026 TARGET PERIOD SHALL MEAN JANUARY 1,  2026
 THROUGH  NOVEMBER 30, 2026 AND THE 2027 TARGET PERIOD SHALL MEAN JANUARY
 1, 2027 THROUGH NOVEMBER 30, 2027.
   2. (a) Prior to February 1, 1997, for each regional group the  commis-
 sioner  of  health shall calculate the 1996 medicaid revenue percentages
 A. 3007--B                         12
 
 for the period commencing August 1, 1996 to the last date for which such
 data is available and reasonably accurate.
   (b)  Prior  to  February  1, 1998, prior to February 1, 1999, prior to
 February 1, 2000, prior to February 1, 2001, prior to February 1,  2002,
 prior  to February 1, 2003, prior to February 1, 2004, prior to February
 1, 2005, prior to February 1, 2006, prior to February 1, 2007, prior  to
 February  1, 2008, prior to February 1, 2009, prior to February 1, 2010,
 prior to February 1, 2011, prior to February 1, 2012, prior to  February
 1,  2013, prior to February 1, 2014, prior to February 1, 2015, prior to
 February 1, 2016, prior to February 1, 2017, prior to February 1,  2018,
 prior  to February 1, 2019, prior to February 1, 2020, prior to February
 1, 2021, prior to February 1, 2022, [and] prior  to  February  1,  2023,
 PRIOR  TO FEBRUARY 1, 2024, PRIOR TO FEBRUARY 1, 2025, PRIOR TO FEBRUARY
 1, 2026 AND PRIOR TO FEBRUARY  1,  2027  for  each  regional  group  the
 commissioner of health shall calculate the prior year's medicaid revenue
 percentages  for  the period commencing January 1 through November 30 of
 such prior year.
   3. By September 15, 1996, for each regional group the commissioner  of
 health shall calculate the base period medicaid revenue percentage.
   4.  (a)  For  each  regional  group,  the 1996 target medicaid revenue
 percentage shall be calculated by subtracting the 1996 medicaid  revenue
 reduction percentages from the base period medicaid revenue percentages.
 The  1996  medicaid  revenue  reduction  percentage, taking into account
 regional and program differences in utilization of medicaid and medicare
 services, for the following regional groups shall be equal to:
   (i) one and one-tenth percentage points for CHHAs located  within  the
 downstate region;
   (ii)  six-tenths  of one percentage point for CHHAs located within the
 upstate region;
   (iii) one and eight-tenths percentage points for LTHHCPs located with-
 in the downstate region; and
   (iv) one and seven-tenths percentage points for LTHHCPs located within
 the upstate region.
   (b) For 1997, 1998, 2000, 2001, 2002, 2003, 2004,  2005,  2006,  2007,
 2008,  2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019,
 2020, 2021, 2022 [and],  2023,  2024,  2025,  2026  AND  2027  for  each
 regional  group,  the target medicaid revenue percentage for the respec-
 tive year shall be calculated by subtracting the respective year's medi-
 caid revenue reduction percentage from the base period medicaid  revenue
 percentage.  The  medicaid revenue reduction percentages for 1997, 1998,
 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010,  2011,
 2012,  2013, 2014, 2015, 2016, 2017, 2018, 2019, 2020, 2021, 2022 [and],
 2023, 2024, 2025, 2026  AND  2027,  taking  into  account  regional  and
 program  differences  in  utilization of medicaid and medicare services,
 for the following regional groups shall be equal to for each such year:
   (i) one and one-tenth percentage points for CHHAs located  within  the
 downstate region;
   (ii)  six-tenths  of one percentage point for CHHAs located within the
 upstate region;
   (iii) one and eight-tenths percentage points for LTHHCPs located with-
 in the downstate region; and
   (iv) one and seven-tenths percentage points for LTHHCPs located within
 the upstate region.
   (c) For each regional group, the 1999 target medicaid revenue percent-
 age shall  be  calculated  by  subtracting  the  1999  medicaid  revenue
 reduction  percentage  from the base period medicaid revenue percentage.
 A. 3007--B                         13
 
 The 1999 medicaid revenue reduction  percentages,  taking  into  account
 regional and program differences in utilization of medicaid and medicare
 services, for the following regional groups shall be equal to:
   (i)  eight  hundred  twenty-five  thousandths (.825) of one percentage
 point for CHHAs located within the downstate region;
   (ii) forty-five hundredths (.45) of one  percentage  point  for  CHHAs
 located within the upstate region;
   (iii)  one  and  thirty-five  hundredths  percentage points (1.35) for
 LTHHCPs located within the downstate region; and
   (iv) one and two hundred seventy-five  thousandths  percentage  points
 (1.275) for LTHHCPs located within the upstate region.
   5.  (a) For each regional group, if the 1996 medicaid revenue percent-
 age is not equal to or  less  than  the  1996  target  medicaid  revenue
 percentage,  the  commissioner of health shall compare the 1996 medicaid
 revenue percentage to the 1996 target  medicaid  revenue  percentage  to
 determine  the  amount  of the shortfall which, when divided by the 1996
 medicaid  revenue  reduction  percentage,  shall  be  called  the   1996
 reduction  factor.  These  amounts, expressed as a percentage, shall not
 exceed one hundred percent. If the 1996 medicaid revenue  percentage  is
 equal  to  or less than the 1996 target medicaid revenue percentage, the
 1996 reduction factor shall be zero.
   (b) For 1997, 1998, 1999, 2000, 2001, 2002, 2003,  2004,  2005,  2006,
 2007,  2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018,
 2019, 2020, 2021, 2022 [and], 2023, 2024, 2025, 2026 AND 2027, for  each
 regional  group,  if  the medicaid revenue percentage for the respective
 year is not equal to or less than the target medicaid revenue percentage
 for such respective year, the commissioner of health shall compare  such
 respective  year's medicaid revenue percentage to such respective year's
 target medicaid revenue percentage to determine the amount of the short-
 fall which, when divided  by  the  respective  year's  medicaid  revenue
 reduction  percentage,  shall  be  called  the reduction factor for such
 respective year. These amounts, expressed as  a  percentage,  shall  not
 exceed  one  hundred  percent.  If the medicaid revenue percentage for a
 particular year is equal to or less than  the  target  medicaid  revenue
 percentage  for  that  year, the reduction factor for that year shall be
 zero.
   6. (a) For each regional group, the 1996  reduction  factor  shall  be
 multiplied  by  the following amounts to determine each regional group's
 applicable 1996 state share reduction amount:
   (i) two million three hundred ninety thousand dollars ($2,390,000) for
 CHHAs located within the downstate region;
   (ii) seven hundred fifty thousand dollars ($750,000) for CHHAs located
 within the upstate region;
   (iii) one million two hundred seventy  thousand  dollars  ($1,270,000)
 for LTHHCPs located within the downstate region; and
   (iv)  five  hundred  ninety  thousand  dollars  ($590,000) for LTHHCPs
 located within the upstate region.
   For each regional group reduction, if the 1996 reduction factor  shall
 be zero, there shall be no 1996 state share reduction amount.
   (b)  For  1997,  1998, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007,
 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018,  2019,
 2020,  2021,  2022  [and],  2023,  2024,  2025,  2026 AND 2027, for each
 regional group, the reduction factor for the respective  year  shall  be
 multiplied  by  the following amounts to determine each regional group's
 applicable state share reduction amount for such respective year:
 A. 3007--B                         14
 
   (i) two million three hundred ninety thousand dollars ($2,390,000) for
 CHHAs located within the downstate region;
   (ii) seven hundred fifty thousand dollars ($750,000) for CHHAs located
 within the upstate region;
   (iii)  one  million  two hundred seventy thousand dollars ($1,270,000)
 for LTHHCPs located within the downstate region; and
   (iv) five hundred  ninety  thousand  dollars  ($590,000)  for  LTHHCPs
 located within the upstate region.
   For  each  regional  group  reduction,  if  the reduction factor for a
 particular year shall be zero, there shall be no state  share  reduction
 amount for such year.
   (c) For each regional group, the 1999 reduction factor shall be multi-
 plied by the following amounts to determine each regional group's appli-
 cable 1999 state share reduction amount:
   (i) one million seven hundred ninety-two thousand five hundred dollars
 ($1,792,500) for CHHAs located within the downstate region;
   (ii)  five  hundred sixty-two thousand five hundred dollars ($562,500)
 for CHHAs located within the upstate region;
   (iii) nine hundred fifty-two thousand five hundred dollars  ($952,500)
 for LTHHCPs located within the downstate region; and
   (iv)  four  hundred forty-two thousand five hundred dollars ($442,500)
 for LTHHCPs located within the upstate region.
   For each regional group reduction, if the 1999 reduction factor  shall
 be zero, there shall be no 1999 state share reduction amount.
   7.  (a) For each regional group, the 1996 state share reduction amount
 shall be allocated by the commissioner of health among CHHAs and LTHHCPs
 on the basis of the extent  of  each  CHHA's  and  LTHHCP's  failure  to
 achieve  the  1996  target  medicaid revenue percentage, calculated on a
 provider specific basis utilizing revenues for this  purpose,  expressed
 as  a  proportion  of  the  total of each CHHA's and LTHHCP's failure to
 achieve the 1996 target medicaid revenue percentage within the  applica-
 ble  regional group. This proportion shall be multiplied by the applica-
 ble 1996 state share reduction amount calculation pursuant to  paragraph
 (a)  of  subdivision  6 of this section. This amount shall be called the
 1996 provider specific state share reduction amount.
   (b) For 1997, 1998, 1999, 2000, 2001, 2002, 2003,  2004,  2005,  2006,
 2007,  2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018,
 2019, 2020, 2021, 2022 [and], 2023, 2024, 2025, 2026 AND 2027  for  each
 regional group, the state share reduction amount for the respective year
 shall be allocated by the commissioner of health among CHHAs and LTHHCPs
 on  the  basis  of  the  extent  of  each CHHA's and LTHHCP's failure to
 achieve the target medicaid revenue percentage for the applicable  year,
 calculated  on  a  provider  specific  basis utilizing revenues for this
 purpose, expressed as a proportion of  the  total  of  each  CHHA's  and
 LTHHCP's  failure  to achieve the target medicaid revenue percentage for
 the applicable year within the applicable regional group.  This  propor-
 tion  shall be multiplied by the applicable year's state share reduction
 amount calculation pursuant to paragraph (b) or (c) of subdivision 6  of
 this  section.  This  amount shall be called the provider specific state
 share reduction amount for the applicable year.
   8. (a) The 1996 provider specific state share reduction  amount  shall
 be due to the state from each CHHA and LTHHCP and may be recouped by the
 state  by  March  31, 1997 in a lump sum amount or amounts from payments
 due to the CHHA and LTHHCP pursuant to title 11  of  article  5  of  the
 social services law.
 A. 3007--B                         15
 
   (b) The provider specific state share reduction amount for 1997, 1998,
 1999,  2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010,
 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019, 2020,  2021,  2022
 [and], 2023, 2024, 2025, 2026 AND 2027 respectively, shall be due to the
 state  from  each  CHHA and LTHHCP and each year the amount due for such
 year may be recouped by the state by March 31 of the following year in a
 lump sum amount or amounts from payments due  to  the  CHHA  and  LTHHCP
 pursuant to title 11 of article 5 of the social services law.
   9.  CHHAs  and  LTHHCPs shall submit such data and information at such
 times as the commissioner of health may require  for  purposes  of  this
 section.  The  commissioner of health may use data available from third-
 party payors.
   10. On or about June 1, 1997, for each regional group the commissioner
 of health shall calculate for the period August 1,  1996  through  March
 31,  1997  a  medicaid  revenue  percentage, a reduction factor, a state
 share reduction amount, and a provider specific  state  share  reduction
 amount  in  accordance with the methodology provided in paragraph (a) of
 subdivision 2, paragraph (a) of subdivision 5, paragraph (a) of subdivi-
 sion 6 and paragraph (a) of subdivision 7 of this section. The  provider
 specific state share reduction amount calculated in accordance with this
 subdivision  shall be compared to the 1996 provider specific state share
 reduction amount calculated in accordance with paragraph (a) of subdivi-
 sion 7 of this section. Any amount in excess of the amount determined in
 accordance with paragraph (a) of subdivision 7 of this section shall  be
 due  to  the  state  from  each  CHHA  and LTHHCP and may be recouped in
 accordance with paragraph (a) of subdivision 8 of this section.  If  the
 amount  is  less than the amount determined in accordance with paragraph
 (a) of subdivision 7 of this section, the difference shall  be  refunded
 to  the  CHHA and LTHHCP by the state no later than July 15, 1997. CHHAs
 and LTHHCPs shall submit data for the  period  August  1,  1996  through
 March 31, 1997 to the commissioner of health by April 15, 1997.
   11.  If  a  CHHA  or  LTHHCP  fails  to submit data and information as
 required for purposes of this section:
   (a) such CHHA or LTHHCP shall be presumed to have no decrease in medi-
 caid revenue percentage between  the  applicable  base  period  and  the
 applicable  target  period  for purposes of the calculations pursuant to
 this section; and
   (b) the commissioner of health shall reduce the current rate  paid  to
 such  CHHA  and  such  LTHHCP by state governmental agencies pursuant to
 article 36 of the public health law by one percent for a  period  begin-
 ning on the first day of the calendar month following the applicable due
 date  as  established by the commissioner of health and continuing until
 the last day of the calendar month in which the required data and infor-
 mation are submitted.
   12. The commissioner of health shall inform in writing the director of
 the budget and the chair of the senate finance committee and  the  chair
 of  the  assembly  ways and means committee of the results of the calcu-
 lations pursuant to this section.
   § 21. Paragraph (f) of subdivision 1 of section 64 of  chapter  81  of
 the laws of 1995, amending the public health law and other laws relating
 to medical reimbursement and welfare reform, as amended by section 13 of
 part  BB  of  chapter  56  of  the  laws  of 2020, is amended to read as
 follows:
   (f) Prior to February 1, 2001, February 1,  2002,  February  1,  2003,
 February  1, 2004, February 1, 2005, February 1, 2006, February 1, 2007,
 February 1, 2008, February 1, 2009, February 1, 2010, February 1,  2011,
 A. 3007--B                         16
 
 February  1, 2012, February 1, 2013, February 1, 2014, February 1, 2015,
 February 1, 2016, February 1, 2017, February 1, 2018, February 1,  2019,
 February  1, 2020, February 1, 2021, February 1, 2022 [and], February 1,
 2023,  FEBRUARY  1,  2024,  FEBRUARY  1,  2025 AND FEBRUARY 1, 2026, the
 commissioner of health shall calculate the result of the statewide total
 of residential health care facility days of care provided  to  benefici-
 aries  of  title  XVIII  of  the federal social security act (medicare),
 divided by the sum of such days of care plus days of  care  provided  to
 residents eligible for payments pursuant to title 11 of article 5 of the
 social  services  law  minus  the  number  of days provided to residents
 receiving hospice care,  expressed  as  a  percentage,  for  the  period
 commencing January 1, through November 30, of the prior year respective-
 ly,  based  on such data for such period. This value shall be called the
 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010,  2011,
 2012, 2013, 2014, 2015, 2016, 2017, 2018,  2019, 2020, 2021, 2022 [and],
 2023, 2024, 2025 AND 2026 statewide target percentage respectively.
   §  22.  Subparagraph (ii) of paragraph (b) of subdivision 3 of section
 64 of chapter 81 of the laws of 1995, amending the public health law and
 other laws relating to medical  reimbursement  and  welfare  reform,  as
 amended  by  section 14 of part BB of chapter 56 of the laws of 2020, is
 amended to read as follows:
   (ii) If the 1997, 1998, 2000, 2001,  2002,  2003,  2004,  2005,  2006,
 2007,  2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018,
 2019, 2020, 2021, 2022 [and], 2023, 2024, 2025 AND 2026 statewide target
 percentages are not for each year at least three percentage points high-
 er than the statewide base percentage, the commissioner of health  shall
 determine  the  percentage  by which the statewide target percentage for
 each year is not at least three percentage points higher than the state-
 wide base percentage. The percentage calculated pursuant to  this  para-
 graph  shall  be  called  the  1997, 1998, 2000, 2001, 2002, 2003, 2004,
 2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015,  2016,
 2017,  2018,  2019,  2020,  2021,  2022 [and], 2023, 2024, 2025 AND 2026
 statewide reduction percentage respectively. If the  1997,  1998,  2000,
 2001,  2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012,
 2013, 2014, 2015, 2016, 2017, 2018, 2019, 2020, 2021, 2022 [and],  2023,
 2024,  2025 AND 2026 statewide target percentage for the respective year
 is at least three percentage  points  higher  than  the  statewide  base
 percentage,  the  statewide reduction percentage for the respective year
 shall be zero.
   § 23. Subparagraph (iii) of paragraph (b) of subdivision 4 of  section
 64 of chapter 81 of the laws of 1995, amending the public health law and
 other  laws  relating  to  medical  reimbursement and welfare reform, as
 amended by section 15 of part BB of chapter 56 of the laws of  2020,  is
 amended to read as follows:
   (iii)  The 1998, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008,
 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019,  2020,
 2021, 2022 [and], 2023, 2024, 2025 AND 2026 statewide reduction percent-
 age  shall be multiplied by one hundred two million dollars respectively
 to determine the 1998, 2000, 2001, 2002, 2003, 2004, 2005,  2006,  2007,
 2008,  2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019,
 2020, 2021, 2022 [and], 2023, 2024, 2025 AND  2026  statewide  aggregate
 reduction  amount.  If  the  1998  and the 2000, 2001, 2002, 2003, 2004,
 2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015,  2016,
 2017,  2018,  2019,  2020,  2021,  2022 [and], 2023, 2024, 2025 AND 2026
 statewide reduction percentage shall be zero respectively,  there  shall
 be  no 1998, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009,
 A. 3007--B                         17
 
 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019  2020,  2021,
 2022 [and], 2023, 2024, 2025 AND 2026 reduction amount.
   §  24.    The  opening  paragraph of paragraph (e) of subdivision 7 of
 section 367-a of the social services law, as amended  by  section  1  of
 part  GG  of  chapter  56  of  the  laws  of 2020, is amended to read as
 follows:
   During the period from April first, two thousand fifteen through March
 thirty-first, two thousand [twenty-three] TWENTY-SIX,  the  commissioner
 may,  in  lieu  of  a managed care provider or pharmacy benefit manager,
 negotiate directly and enter into an arrangement with  a  pharmaceutical
 manufacturer for the provision of supplemental rebates relating to phar-
 maceutical  utilization  by enrollees of managed care providers pursuant
 to section three hundred sixty-four-j of this title and may also negoti-
 ate directly and enter into such an agreement relating to pharmaceutical
 utilization by medical  assistance  recipients  not  so  enrolled.  Such
 rebate  arrangements  shall be limited to the following: antiretrovirals
 approved by the FDA for the treatment  of  HIV/AIDS,  opioid  dependence
 agents  and  opioid  antagonists  listed in a statewide formulary estab-
 lished pursuant to subparagraph (vii) of  this  paragraph,  hepatitis  C
 agents,  high  cost drugs as provided for in subparagraph (viii) of this
 paragraph, gene therapies as provided for in subparagraph (ix)  of  this
 paragraph,  and  any  other class or drug designated by the commissioner
 for which  the  pharmaceutical  manufacturer  has  in  effect  a  rebate
 arrangement  with  the  federal  secretary  of health and human services
 pursuant to 42 U.S.C. § 1396r-8, and for which the state has established
 standard clinical criteria. No agreement entered into pursuant  to  this
 paragraph  shall  have an initial term or be extended beyond the expira-
 tion or repeal of this paragraph.
   § 25. Subdivision 1 of section 60 of part B of chapter 57 of the  laws
 of  2015,  amending  the  social services law and other laws relating to
 supplemental rebates, as amended by section 8 of part GG of  chapter  56
 of the laws of 2020, is amended to read as follows:
   1.  section  one of this act shall expire and be deemed repealed March
 31, [2026] 2029;
   § 26. Section 8 of part KK of chapter 56 of the laws of 2020, amending
 the public health law relating to the designation of  statewide  general
 hospital  quality  and sole community pools and the reduction of capital
 related inpatient expenses, is amended to read as follows:
   § 8. This act shall take effect immediately and  shall  be  deemed  to
 have been in full force and effect on and after April 1, 2020, provided,
 further  that  sections  [three]  FOUR  through [nine] SEVEN of this act
 shall expire and be deemed repealed  March  31,  [2023]  2026;  provided
 further,  however,  that the director of the budget may, in consultation
 with the commissioner of health, delay the  effective  dates  prescribed
 herein for a period of time which shall not exceed ninety days following
 the  conclusion  or termination of an executive order issued pursuant to
 section 28 of the executive law declaring a state disaster emergency for
 the entire state of New York, upon such delay  the  director  of  budget
 shall  notify  the  chairs  of the assembly ways and means committee and
 senate finance committee and the  chairs  of  the  assembly  and  senate
 health  committee;  provided  further, however, that the director of the
 budget shall notify the legislative bill drafting  commission  upon  the
 occurrence  of  a  delay in the effective date of this act in order that
 the commission may maintain an accurate and timely effective  data  base
 of the official text of the laws of the state of New York in furtherance
 A. 3007--B                         18
 
 of  effectuating the provisions of section 44 of the legislative law and
 section 70-b of the public officers law.
   § 27. Intentionally omitted.
   §  28.  Section  4  of  chapter  779 of the laws of 1986, amending the
 social services law relating to authorizing services  for  non-residents
 in  adult homes, residences for adults and enriched housing programs, as
 amended by section 1 of item PP of subpart B of part XXX of  chapter  58
 of the laws of 2020, is amended to read as follows:
   § 4. This act shall take effect on the one hundred twentieth day after
 it  shall  have  become  a law and shall remain in full force and effect
 until July 1, [2023] 2026, provided however, that effective immediately,
 the addition, amendment and/or repeal of any rules or regulations neces-
 sary for the implementation of the foregoing sections of this act on its
 effective date are authorized and directed to be made and  completed  on
 or before such effective date.
   §  29.  Section  11  of  chapter 884 of the laws of 1990, amending the
 public health law relating to authorizing  bad  debt  and  charity  care
 allowances  for  certified home health agencies, as amended by section 1
 of part S of chapter 57 of the laws of  2021,  is  amended  to  read  as
 follows:
   § 11. This act shall take effect immediately and:
   (a) sections one and three shall expire on December 31, 1996,
   (b)  sections  four  through ten shall expire on June 30, [2023] 2025,
 and
   (c) provided that the amendment to section 2807-b of the public health
 law by section two of this act shall not affect the expiration  of  such
 section  2807-b  as  otherwise  provided  by  law and shall be deemed to
 expire therewith.
   § 30. Subdivision 5-a of section 246 of chapter  81  of  the  laws  of
 1995,  amending the public health law and other laws relating to medical
 reimbursement and welfare reform, as amended by section 3 of part  S  of
 chapter 57 of the laws of 2021, is amended to read as follows:
   5-a.  Section sixty-four-a of this act shall be deemed to have been in
 full force and effect on and after April 1, 1995 through March 31,  1999
 and  on  and  after July 1, 1999 through March 31, 2000 and on and after
 April 1, 2000 through March 31, 2003 and on  and  after  April  1,  2003
 through March 31, 2007, and on and after April 1, 2007 through March 31,
 2009,  and on and after April 1, 2009 through March 31, 2011, and on and
 after April 1, 2011 through March 31, 2013, and on and  after  April  1,
 2013  through  March  31,  2015,  and on and after April 1, 2015 through
 March 31, 2017 and on and after April 1, 2017 through  March  31,  2019,
 and  on and after April 1, 2019 through March 31, 2021, and on and after
 April 1, 2021 through March 31, 2023, AND ON AND  AFTER  APRIL  1,  2023
 THROUGH MARCH 31, 2025;
   §  31.  Section  64-b  of chapter 81 of the laws of 1995, amending the
 public health law and other laws relating to medical  reimbursement  and
 welfare  reform,  as amended by section 4 of part S of chapter 57 of the
 laws of 2021, is amended to read as follows:
   §  64-b.  Notwithstanding  any  inconsistent  provision  of  law,  the
 provisions of subdivision 7 of section 3614 of the public health law, as
 amended,  shall  remain and be in full force and effect on April 1, 1995
 through March 31, 1999 and on July 1, 1999 through March 31, 2000 and on
 and after April 1, 2000 through March 31, 2003 and on and after April 1,
 2003 through March 31, 2007, and on and  after  April  1,  2007  through
 March  31,  2009, and on and after April 1, 2009 through March 31, 2011,
 and on and after April 1, 2011 through March 31, 2013, and on and  after
 A. 3007--B                         19
 
 April  1,  2013  through  March 31, 2015, and on and after April 1, 2015
 through March 31, 2017 and on and after April 1, 2017 through March  31,
 2019,  and on and after April 1, 2019 through March 31, 2021, and on and
 after  April  1,  2021 through March 31, 2023, AND ON AND AFTER APRIL 1,
 2023 THROUGH MARCH 31, 2025.
   § 32. Section 4-a of part A of chapter 56 of the laws of 2013,  amend-
 ing  chapter  59  of the laws of 2011 amending the public health law and
 other laws relating to general hospital reimbursement for annual  rates,
 as  amended by section 5 of part S of chapter 57 of the laws of 2021, is
 amended to read as follows:
   § 4-a. Notwithstanding paragraph (c)  of  subdivision  10  of  section
 2807-c  of the public health law, section 21 of chapter 1 of the laws of
 1999, or any other contrary provision of law, in  determining  rates  of
 payments  by state governmental agencies effective for services provided
 on and after January 1, 2017 through March 31, [2023]  2025,  for  inpa-
 tient  and  outpatient services provided by general hospitals, for inpa-
 tient services and adult day health care outpatient services provided by
 residential health care facilities pursuant to article 28 of the  public
 health  law,  except  for residential health care facilities or units of
 such facilities providing services primarily to children  under  twenty-
 one  years  of  age,  for home health care services provided pursuant to
 article 36 of the public health law by certified home  health  agencies,
 long term home health care programs and AIDS home care programs, and for
 personal  care services provided pursuant to section 365-a of the social
 services law, the commissioner of health shall  apply  no  greater  than
 zero  trend  factors  attributable  to the 2017, 2018, 2019, 2020, 2021,
 2022 [and], 2023, 2024 AND 2025 calendar years in accordance with  para-
 graph  (c) of subdivision 10 of section 2807-c of the public health law,
 provided, however, that such no greater than zero trend factors  attrib-
 utable  to such 2017, 2018, 2019, 2020, 2021, 2022 [and], 2023, 2024 AND
 2025 calendar years shall also be applied to rates of  payment  provided
 on  and after January 1, 2017 through March 31, [2023] 2025 for personal
 care services provided in those local social services districts, includ-
 ing New York city, whose rates of payment for such services  are  estab-
 lished  by  such local social services districts pursuant to a rate-set-
 ting exemption issued by the commissioner of health to such local social
 services  districts  in  accordance  with  applicable  regulations;  and
 provided further, however, that for rates of payment for assisted living
 program services provided on and after January 1, 2017 through March 31,
 [2023]  2025,  such  trend factors attributable to the 2017, 2018, 2019,
 2020, 2021, 2022 [and], 2023, 2024 AND  2025  calendar  years  shall  be
 established at no greater than zero percent.
   §  33. Subdivision 2 of section 246 of chapter 81 of the laws of 1995,
 amending the public health  law  and  other  laws  relating  to  medical
 reimbursement  and  welfare reform, as amended by section 6 of part S of
 chapter 57 of the laws of 2021, is amended to read as follows:
   2. Sections five, seven through nine,  twelve  through  fourteen,  and
 eighteen  of  this  act  shall  be deemed to have been in full force and
 effect on and after April 1, 1995 through March  31,  1999  and  on  and
 after July 1, 1999 through March 31, 2000 and on and after April 1, 2000
 through  March 31, 2003 and on and after April 1, 2003 through March 31,
 2006 and on and after April 1, 2006 through March 31, 2007  and  on  and
 after  April  1,  2007  through March 31, 2009 and on and after April 1,
 2009 through March 31, 2011 and sections twelve, thirteen  and  fourteen
 of  this act shall be deemed to be in full force and effect on and after
 April 1, 2011 through March 31, 2015 and on  and  after  April  1,  2015
 A. 3007--B                         20
 
 through  March 31, 2017 and on and after April 1, 2017 through March 31,
 2019, and on and after April 1, 2019 through March 31, 2021, and on  and
 after  April  1,  2021 through March 31, 2023, AND ON AND AFTER APRIL 1,
 2023 THROUGH MARCH 31, 2025;
   §  34.  Subparagraph (vi) of paragraph (b) of subdivision 2 of section
 2807-d of the public health law, as amended by section 11 of part  S  of
 chapter 57 of the laws of 2021, is amended to read as follows:
   (vi)  Notwithstanding  any contrary provision of this paragraph or any
 other provision of law or regulation to the  contrary,  for  residential
 health care facilities the assessment shall be six percent of each resi-
 dential  health care facility's gross receipts received from all patient
 care services and other operating income on a cash basis for the  period
 April  first,  two thousand two through March thirty-first, two thousand
 three for hospital  or  health-related  services,  including  adult  day
 services;  provided,  however,  that residential health care facilities'
 gross receipts attributable to payments received pursuant to title XVIII
 of the federal social security act (medicare) shall be excluded from the
 assessment; provided, however, that for all such gross receipts received
 on or after April first, two thousand three through March  thirty-first,
 two  thousand  five,  such assessment shall be five percent, and further
 provided that for all such gross receipts received  on  or  after  April
 first,  two thousand five through March thirty-first, two thousand nine,
 and on or after April first, two thousand  nine  through  March  thirty-
 first,  two  thousand  eleven  such assessment shall be six percent, and
 further provided that for all such gross receipts received on  or  after
 April  first,  two thousand eleven through March thirty-first, two thou-
 sand thirteen such assessment shall be six percent, and further provided
 that for all such gross receipts received on or after April  first,  two
 thousand  thirteen through March thirty-first, two thousand fifteen such
 assessment shall be six percent, and further provided that for all  such
 gross  receipts  received  on or after April first, two thousand fifteen
 through March thirty-first, two thousand seventeen such assessment shall
 be six percent, and further provided that for all  such  gross  receipts
 received  on  or after April first, two thousand seventeen through March
 thirty-first,  two  thousand  nineteen  such  assessment  shall  be  six
 percent,  and further provided that for all such gross receipts received
 on or after April first, two thousand  nineteen  through  March  thirty-
 first, two thousand twenty-one such assessment shall be six percent, and
 further  provided  that for all such gross receipts received on or after
 April first, two thousand twenty-one  through  March  thirty-first,  two
 thousand  twenty-three such assessment shall be six percent, AND FURTHER
 PROVIDED THAT FOR ALL SUCH GROSS RECEIPTS RECEIVED  ON  OR  AFTER  APRIL
 FIRST,  TWO  THOUSAND TWENTY-THREE THROUGH MARCH THIRTY-FIRST, TWO THOU-
 SAND TWENTY-FIVE SUCH ASSESSMENT SHALL BE SIX PERCENT.
   § 35. Section 3 of part MM of chapter 57 of the laws of 2021  amending
 the  public health law relating to aiding in the transition to adulthood
 for children with medical fragility living in  pediatric  nursing  homes
 and other settings is amended to read as follows:
   § 3. This act shall take effect on the one hundred twentieth day after
 it  shall  have become a law; provided however, that section one of this
 act shall expire and be deemed repealed  [two]  FOUR  years  after  such
 effective date; and provided further, that section two of this act shall
 expire  and  be  deemed repealed [three] FIVE years after such effective
 date.
   § 35-a. Subdivision b of section 12 of chapter 471 of the laws of 2016
 amending the education law and the public health law relating to author-
 A. 3007--B                         21
 
 izing  certain advanced home health aides to  perform  certain  advanced
 tasks, is amended to read as follows:
   b.  this  act  shall  expire  and  be  deemed repealed March 31, 2023;
 PROVIDED, HOWEVER, THAT SECTION EIGHT OF THIS ACT SHALL  EXPIRE  AND  BE
 DEEMED REPEALED MARCH 31, 2032.
   §  35-b. Section 9 of part R of chapter 59 of the laws of 2016, amend-
 ing the public health law and the education law relating  to  electronic
 prescriptions,  as  amended by section 1 of part BB of chapter 56 of the
 laws of 2020, is amended to read as follows:
   § 9. This act shall take effect immediately;  provided  however,  that
 sections  one and two of this act shall take effect on the first of June
 next succeeding the date on which it shall have become a law  and  shall
 expire and be deemed repealed June 1, [2023] 2027.
   §  36.  This  act shall take effect immediately and shall be deemed to
 have been in full force and effect on and after April 1, 2023; provided,
 however, that the amendments to subdivision 6  of  section  366  of  the
 social  services  law  made by section four of this act shall not affect
 the repeal of such subdivision and shall be deemed  repealed  therewith;
 provided  further,  however, that the amendments to subparagraph (ii) of
 paragraph (c) of subdivision 11 of section 230 of the public health  law
 made  by section ten of this act shall not affect the expiration of such
 subparagraph and shall be  deemed  to  expire  therewith;  and  provided
 further,  however, that the amendments to the opening paragraph of para-
 graph (e) of subdivision 7 of section 367-a of the social  services  law
 made  by  section twenty-four of this act shall not affect the repeal of
 such paragraph and shall be deemed repealed therewith.
 
                                  PART C
 
   Section 1.  Section 34 of part A3 of chapter 62 of the  laws  of  2003
 amending  the  general  business law and other laws relating to enacting
 major components necessary to implement the state fiscal  plan  for  the
 2003-04  state fiscal year, as amended by section 1 of part Y of chapter
 56 of the laws of 2020, is amended to read as follows:
   § 34. (1) Notwithstanding any inconsistent provision of law,  rule  or
 regulation  and  effective  April 1, 2008 through March 31, [2023] 2026,
 the commissioner of health is authorized to transfer and the state comp-
 troller is authorized and directed to receive for deposit to the  credit
 of  the department of health's special revenue fund - other, health care
 reform act (HCRA) resources fund - 061, provider  collection  monitoring
 account,  within  amounts  appropriated each year, those funds collected
 and accumulated pursuant to section 2807-v of  the  public  health  law,
 including  income  from  invested  funds, for the purpose of payment for
 administrative costs of the department of  health  related  to  adminis-
 tration  of  statutory  duties  for  the  collections  and distributions
 authorized by section 2807-v of the public health law.
   (2) Notwithstanding any inconsistent provision of law, rule  or  regu-
 lation  and  effective  April 1, 2008 through March 31, [2023] 2026, the
 commissioner of health is authorized to transfer  and  the  state  comp-
 troller  is authorized and directed to receive for deposit to the credit
 of the department of health's special revenue fund - other, health  care
 reform  act  (HCRA) resources fund - 061, provider collection monitoring
 account, within amounts appropriated each year,  those  funds  collected
 and  accumulated  and interest earned through surcharges on payments for
 health care services pursuant to section 2807-s of the public health law
 and from assessments pursuant to section 2807-t of the public health law
 A. 3007--B                         22

 for the purpose of payment for administrative costs of the department of
 health related to administration of statutory duties for the collections
 and distributions authorized by sections 2807-s, 2807-t, and  2807-m  of
 the public health law.
   (3)  Notwithstanding  any inconsistent provision of law, rule or regu-
 lation and effective April 1, 2008 through March 31,  [2023]  2026,  the
 commissioner  of health is authorized to transfer and the comptroller is
 authorized to deposit, within  amounts  appropriated  each  year,  those
 funds  authorized  for distribution in accordance with the provisions of
 paragraph (a) of subdivision 1 of section 2807-l of  the  public  health
 law  for the purposes of payment for administrative costs of the depart-
 ment of health related  to  the  child  health  insurance  plan  program
 authorized  pursuant to title 1-A of article 25 of the public health law
 into the special revenue funds - other, health care  reform  act  (HCRA)
 resources fund - 061, child health insurance account, established within
 the department of health.
   (5)  Notwithstanding  any inconsistent provision of law, rule or regu-
 lation and effective April 1, 2008 through March 31,  [2023]  2026,  the
 commissioner  of health is authorized to transfer and the comptroller is
 authorized to deposit, within  amounts  appropriated  each  year,  those
 funds  allocated  pursuant  to paragraph (j) of subdivision 1 of section
 2807-v of the public health law for the purpose of payment for  adminis-
 trative  costs  of the department of health related to administration of
 the state's tobacco control programs and cancer services provided pursu-
 ant to sections 2807-r and 1399-ii of the public health  law  into  such
 accounts established within the department of health for such purposes.
   (6)  Notwithstanding  any inconsistent provision of law, rule or regu-
 lation and effective April 1, 2008 through March 31,  [2023]  2026,  the
 commissioner  of health is authorized to transfer and the comptroller is
 authorized to deposit, within amounts appropriated each year, the  funds
 authorized for distribution in accordance with the provisions of section
 2807-l of the public health law for the purposes of payment for adminis-
 trative costs of the department of health related to the programs funded
 pursuant  to  section  2807-l  of the public health law into the special
 revenue funds - other, health care reform act (HCRA)  resources  fund  -
 061,  pilot  health insurance account, established within the department
 of health.
   (7) Notwithstanding any inconsistent provision of law, rule  or  regu-
 lation  and  effective  April 1, 2008 through March 31, [2023] 2026, the
 commissioner of health is authorized to transfer and the comptroller  is
 authorized  to  deposit,  within  amounts  appropriated each year, those
 funds authorized for distribution in accordance with the  provisions  of
 subparagraph  (ii)  of paragraph (f) of subdivision 19 of section 2807-c
 of the public health law from monies accumulated and interest earned  in
 the  bad  debt  and  charity care and capital statewide pools through an
 assessment charged to general hospitals pursuant to  the  provisions  of
 subdivision  18  of  section  2807-c  of the public health law and those
 funds authorized for distribution in accordance with the  provisions  of
 section  2807-l of the public health law for the purposes of payment for
 administrative costs of the department of  health  related  to  programs
 funded  under  section  2807-l of the public health law into the special
 revenue funds - other, health care reform act (HCRA)  resources  fund  -
 061, primary care initiatives account, established within the department
 of health.
   (8)  Notwithstanding  any inconsistent provision of law, rule or regu-
 lation and effective April 1, 2008 through March 31,  [2023]  2026,  the
 A. 3007--B                         23
 
 commissioner  of health is authorized to transfer and the comptroller is
 authorized to deposit, within  amounts  appropriated  each  year,  those
 funds  authorized  for distribution in accordance with section 2807-l of
 the  public  health  law  for the purposes of payment for administrative
 costs of the department of  health  related  to  programs  funded  under
 section 2807-l of the public health law into the special revenue funds -
 other,  health  care reform act (HCRA) resources fund - 061, health care
 delivery administration account, established within  the  department  of
 health.
   (9)  Notwithstanding  any inconsistent provision of law, rule or regu-
 lation and effective April 1, 2008 through March 31,  [2023]  2026,  the
 commissioner  of health is authorized to transfer and the comptroller is
 authorized to deposit, within  amounts  appropriated  each  year,  those
 funds  authorized  pursuant to sections 2807-d, 3614-a and 3614-b of the
 public health law and section 367-i of the social services law  and  for
 distribution  in  accordance  with  the  provisions  of subdivision 9 of
 section 2807-j of the public health law for the purpose of  payment  for
 administration of statutory duties for the collections and distributions
 authorized  by  sections  2807-c, 2807-d, 2807-j, 2807-k, 2807-l, 3614-a
 and 3614-b of the public health law and  section  367-i  of  the  social
 services  law into the special revenue funds - other, health care reform
 act (HCRA) resources fund - 061, provider collection monitoring account,
 established within the department of health.
   § 2. Subparagraphs (iv) and (v) of paragraph (a) of subdivision  9  of
 section 2807-j of the public health law, as amended by section 2 of part
 Y of chapter 56 of the laws of 2020, are amended to read as follows:
   (iv)  seven  hundred  sixty-five million dollars annually of the funds
 accumulated for the periods January first, two thousand through December
 thirty-first, two thousand [twenty-two] TWENTY FIVE, and
   (v) one hundred ninety-one million two hundred fifty thousand  dollars
 of  the  funds  accumulated  for  the period January first, two thousand
 [twenty-three]  TWENTY-SIX  through  March  thirty-first,  two  thousand
 [twenty-three] TWENTY-SIX.
   §  3. Subdivision 5 of section 168 of chapter 639 of the laws of 1996,
 constituting the New York Health Care Reform Act of 1996, as amended  by
 section  3  of  part  Y of chapter 56 of the laws of 2020, is amended to
 read as follows:
   5. sections 2807-c, 2807-j, 2807-s and 2807-t  of  the  public  health
 law,  as  amended  or as added by this act, shall expire on December 31,
 [2023] 2026, and shall be thereafter effective only in  respect  to  any
 act  done  on or before such date or action or proceeding arising out of
 such act including continued collections of funds from  assessments  and
 allowances  and  surcharges  established  pursuant  to  sections 2807-c,
 2807-j, 2807-s and 2807-t of the public health law,  and  administration
 and  distributions  of funds from pools established pursuant to sections
 2807-c, 2807-j, 2807-k, 2807-l, 2807-m, 2807-s and 2807-t of the  public
 health  law  related  to  patient  services provided before December 31,
 [2023] 2026, and continued expenditure of funds authorized for  programs
 and grants until the exhaustion of funds therefor;
   §  4.  Subdivision  1 of section 138 of chapter 1 of the laws of 1999,
 constituting the New York Health Care Reform Act of 2000, as amended  by
 section  4  of  part  Y of chapter 56 of the laws of 2020, is amended to
 read as follows:
   1. sections 2807-c, 2807-j, 2807-s, and 2807-t of  the  public  health
 law,  as  amended by this act, shall expire on December 31, [2023] 2026,
 and shall be thereafter effective only in respect to any act done before
 A. 3007--B                         24
 
 such date or action or proceeding arising  out  of  such  act  including
 continued  collections  of  funds  from  assessments  and allowances and
 surcharges established pursuant to sections 2807-c, 2807-j,  2807-s  and
 2807-t of the public health law, and administration and distributions of
 funds  from  pools  established  pursuant  to  sections  2807-c, 2807-j,
 2807-k, 2807-l, 2807-m, 2807-s, 2807-t, 2807-v and 2807-w of the  public
 health law, as amended or added by this act, related to patient services
 provided  before  December 31, [2023] 2026, and continued expenditure of
 funds authorized for programs and grants until the exhaustion  of  funds
 therefor;
   §  5. Section 2807-l of the public health law, as amended by section 5
 of part Y of chapter 56 of the laws of  2020,  is  amended  to  read  as
 follows:
   § 2807-l. Health care initiatives pool distributions. 1. Funds accumu-
 lated  in the health care initiatives pools pursuant to paragraph (b) of
 subdivision nine of section twenty-eight hundred seven-j of  this  arti-
 cle,  or  the  health  care reform act (HCRA) resources fund established
 pursuant to section ninety-two-dd of the state finance law, whichever is
 applicable, including income from invested funds, shall  be  distributed
 or retained by the commissioner or by the state comptroller, as applica-
 ble, in accordance with the following.
   (a)  Funds  shall  be  reserved  and accumulated from year to year and
 shall be available, including income from invested funds,  for  purposes
 of  distributions  to programs to provide health care coverage for unin-
 sured or underinsured children pursuant to sections twenty-five  hundred
 ten  and  twenty-five hundred eleven of this chapter from the respective
 health care initiatives pools established for the following  periods  in
 the following amounts:
   (i) from the pool for the period January first, nineteen hundred nine-
 ty-seven  through  December thirty-first, nineteen hundred ninety-seven,
 up to one hundred twenty million six hundred thousand dollars;
   (ii) from the pool for the  period  January  first,  nineteen  hundred
 ninety-eight  through  December  thirty-first,  nineteen hundred ninety-
 eight, up to  one  hundred  sixty-four  million  five  hundred  thousand
 dollars;
   (iii)  from  the  pool  for the period January first, nineteen hundred
 ninety-nine through December thirty-first, nineteen hundred ninety-nine,
 up to one hundred eighty-one million dollars;
   (iv) from the pool for the period January first, two thousand  through
 December thirty-first, two thousand, two hundred seven million dollars;
   (v)  from  the  pool  for  the  period January first, two thousand one
 through December thirty-first, two thousand one, two hundred thirty-five
 million dollars;
   (vi) from the pool for the period  January  first,  two  thousand  two
 through  December  thirty-first, two thousand two, three hundred twenty-
 four million dollars;
   (vii) from the pool for the period January first, two  thousand  three
 through  December  thirty-first,  two thousand three, up to four hundred
 fifty million three hundred thousand dollars;
   (viii) from the pool for the period January first, two  thousand  four
 through  December  thirty-first,  two  thousand four, up to four hundred
 sixty million nine hundred thousand dollars;
   (ix) from the pool or the health  care  reform  act  (HCRA)  resources
 fund,  whichever  is applicable, for the period January first, two thou-
 sand five through December thirty-first, two thousand five,  up  to  one
 hundred fifty-three million eight hundred thousand dollars;
 A. 3007--B                         25
 
   (x)  from  the  health  care  reform act (HCRA) resources fund for the
 period January first, two thousand six  through  December  thirty-first,
 two  thousand  six, up to three hundred twenty-five million four hundred
 thousand dollars;
   (xi)  from  the  health  care reform act (HCRA) resources fund for the
 period January first, two thousand seven through December  thirty-first,
 two  thousand  seven, up to four hundred twenty-eight million fifty-nine
 thousand dollars;
   (xii) from the health care reform act (HCRA) resources  fund  for  the
 period  January first, two thousand eight through December thirty-first,
 two thousand ten, up to four hundred  fifty-three  million  six  hundred
 seventy-four thousand dollars annually;
   (xiii)  from  the health care reform act (HCRA) resources fund for the
 period January first, two thousand eleven, through  March  thirty-first,
 two  thousand  eleven,  up  to one hundred thirteen million four hundred
 eighteen thousand dollars;
   (xiv) from the health care reform act (HCRA) resources  fund  for  the
 period April first, two thousand eleven, through March thirty-first, two
 thousand  twelve,  up to three hundred twenty-four million seven hundred
 forty-four thousand dollars;
   (xv) from the health care reform act (HCRA)  resources  fund  for  the
 period April first, two thousand twelve, through March thirty-first, two
 thousand  thirteen,  up  to three hundred forty-six million four hundred
 forty-four thousand dollars;
   (xvi) from the health care reform act (HCRA) resources  fund  for  the
 period  April  first, two thousand thirteen, through March thirty-first,
 two thousand fourteen, up to three hundred seventy million  six  hundred
 ninety-five thousand dollars; and
   (xvii)  from the health care reform act (HCRA) resources fund for each
 state fiscal year for periods on and after  April  first,  two  thousand
 fourteen, within amounts appropriated.
   (b)  Funds  shall  be  reserved  and accumulated from year to year and
 shall be available, including income from invested funds,  for  purposes
 of  distributions  for  health  insurance  programs under the individual
 subsidy programs established pursuant to the expanded health care cover-
 age act of nineteen hundred eighty-eight as amended, and for  evaluation
 of  such  programs  from the respective health care initiatives pools or
 the health care reform act (HCRA) resources fund, whichever is  applica-
 ble, established for the following periods in the following amounts:
   (i)  (A)  an amount not to exceed six million dollars on an annualized
 basis for the  periods  January  first,  nineteen  hundred  ninety-seven
 through  December  thirty-first, nineteen hundred ninety-nine; up to six
 million dollars for the  period  January  first,  two  thousand  through
 December  thirty-first, two thousand; up to five million dollars for the
 period January first, two thousand one  through  December  thirty-first,
 two  thousand  one;  up  to  four million dollars for the period January
 first, two thousand two through December thirty-first, two thousand two;
 up to two million six hundred thousand dollars for  the  period  January
 first,  two  thousand  three through December thirty-first, two thousand
 three; up to one million three hundred thousand dollars for  the  period
 January  first,  two  thousand  four  through December thirty-first, two
 thousand four; up to six hundred seventy thousand dollars for the period
 January first, two thousand five through June  thirtieth,  two  thousand
 five;  up  to  one million three hundred thousand dollars for the period
 April first, two thousand six through March thirty-first,  two  thousand
 seven; and up to one million three hundred thousand dollars annually for
 A. 3007--B                         26
 
 the  period  April first, two thousand seven through March thirty-first,
 two thousand nine, shall be allocated to  individual  subsidy  programs;
 and
   (B)  an  amount  not  to exceed seven million dollars on an annualized
 basis for the periods during the period January first, nineteen  hundred
 ninety-seven through December thirty-first, nineteen hundred ninety-nine
 and  four  million  dollars  annually for the periods January first, two
 thousand through December thirty-first,  two  thousand  two,  and  three
 million dollars for the period January first, two thousand three through
 December  thirty-first,  two thousand three, and two million dollars for
 the period January first, two thousand  four  through  December  thirty-
 first, two thousand four, and two million dollars for the period January
 first, two thousand five through June thirtieth, two thousand five shall
 be allocated to the catastrophic health care expense program.
   (ii) Notwithstanding any law to the contrary, the characterizations of
 the  New  York state small business health insurance partnership program
 as in effect prior  to  June  thirtieth,  two  thousand  three,  voucher
 program  as  in effect prior to December thirty-first, two thousand one,
 individual subsidy program as in effect prior  to  June  thirtieth,  two
 thousand  five,  and  catastrophic  health  care  expense program, as in
 effect prior to June thirtieth, two thousand five, may, for the purposes
 of identifying matching funds for the community health  care  conversion
 demonstration  project  described in a waiver of the provisions of title
 XIX of the federal social security act granted to the state of New  York
 and dated July fifteenth, nineteen hundred ninety-seven, may continue to
 be used to characterize the insurance programs in sections four thousand
 three  hundred  twenty-one-a,  four thousand three hundred twenty-two-a,
 four thousand three hundred twenty-six and four thousand  three  hundred
 twenty-seven of the insurance law, which are successor programs to these
 programs.
   (c)  Up to seventy-eight million dollars shall be reserved and accumu-
 lated from year to year from the pool  for  the  period  January  first,
 nineteen  hundred  ninety-seven  through December thirty-first, nineteen
 hundred ninety-seven, for purposes of  public  health  programs,  up  to
 seventy-six  million dollars shall be reserved and accumulated from year
 to year from the pools for the periods January first,  nineteen  hundred
 ninety-eight  through  December  thirty-first,  nineteen hundred ninety-
 eight and January first, nineteen hundred ninety-nine  through  December
 thirty-first,  nineteen  hundred  ninety-nine, up to eighty-four million
 dollars shall be reserved and accumulated from year  to  year  from  the
 pools  for the period January first, two thousand through December thir-
 ty-first, two thousand, up  to  eighty-five  million  dollars  shall  be
 reserved and accumulated from year to year from the pools for the period
 January first, two thousand one through December thirty-first, two thou-
 sand one, up to eighty-six million dollars shall be reserved and accumu-
 lated from year to year from the pools for the period January first, two
 thousand  two  through  December  thirty-first,  two thousand two, up to
 eighty-six million one hundred fifty thousand dollars shall be  reserved
 and  accumulated from year to year from the pools for the period January
 first, two thousand three through December  thirty-first,  two  thousand
 three,  up  to fifty-eight million seven hundred eighty thousand dollars
 shall be reserved and accumulated from year to year from the  pools  for
 the  period  January  first,  two thousand four through December thirty-
 first, two thousand four, up to sixty-eight million seven hundred thirty
 thousand dollars shall be reserved and accumulated  from  year  to  year
 from  the  pools  or  the  health care reform act (HCRA) resources fund,
 A. 3007--B                         27
 
 whichever is applicable, for the period January first, two thousand five
 through December thirty-first, two  thousand  five,  up  to  ninety-four
 million three hundred fifty thousand dollars shall be reserved and accu-
 mulated  from  year  to  year  from  the  health  care reform act (HCRA)
 resources fund for the period January first, two  thousand  six  through
 December  thirty-first,  two  thousand  six,  up to seventy million nine
 hundred thirty-nine thousand dollars shall be reserved  and  accumulated
 from  year to year from the health care reform act (HCRA) resources fund
 for the period January first, two thousand seven through December  thir-
 ty-first,  two  thousand  seven,  up  to  fifty-five million six hundred
 eighty-nine thousand dollars annually shall be reserved and  accumulated
 from  year to year from the health care reform act (HCRA) resources fund
 for the period January first, two thousand eight through December  thir-
 ty-first,  two thousand ten, up to thirteen million nine hundred twenty-
 two thousand dollars shall be reserved and accumulated from year to year
 from the health care reform act (HCRA) resources  fund  for  the  period
 January first, two thousand eleven through March thirty-first, two thou-
 sand  eleven,  and  for  periods  on and after April first, two thousand
 eleven, up to funding amounts specified below and  shall  be  available,
 including income from invested funds, for:
   (i)  deposit by the commissioner, within amounts appropriated, and the
 state comptroller is hereby  authorized  and  directed  to  receive  for
 deposit  to, to the credit of the department of health's special revenue
 fund - other, hospital based grants program account or the  health  care
 reform  act (HCRA) resources fund, whichever is applicable, for purposes
 of services  and  expenses  related  to  general  hospital  based  grant
 programs,  up  to  twenty-two million dollars annually from the nineteen
 hundred ninety-seven pool, nineteen hundred ninety-eight pool,  nineteen
 hundred  ninety-nine  pool, two thousand pool, two thousand one pool and
 two thousand two pool, respectively, up to  twenty-two  million  dollars
 from  the  two  thousand  three  pool, up to ten million dollars for the
 period January first, two thousand four through  December  thirty-first,
 two  thousand  four, up to eleven million dollars for the period January
 first, two thousand five through  December  thirty-first,  two  thousand
 five, up to twenty-two million dollars for the period January first, two
 thousand  six  through  December  thirty-first,  two thousand six, up to
 twenty-two million ninety-seven thousand dollars annually for the period
 January first, two thousand seven  through  December  thirty-first,  two
 thousand  ten,  up  to  five  million  five hundred twenty-four thousand
 dollars for the period January first, two thousand eleven through  March
 thirty-first,  two  thousand eleven, up to thirteen million four hundred
 forty-five thousand dollars for the period  April  first,  two  thousand
 eleven  through March thirty-first, two thousand twelve, and up to thir-
 teen million three hundred  seventy-five  thousand  dollars  each  state
 fiscal  year  for  the  period  April first, two thousand twelve through
 March thirty-first, two thousand fourteen;
   (ii) deposit by the commissioner, within amounts appropriated, and the
 state comptroller is hereby  authorized  and  directed  to  receive  for
 deposit  to,  to  the  credit of the emergency medical services training
 account established in section ninety-seven-q of the state  finance  law
 or the health care reform act (HCRA) resources fund, whichever is appli-
 cable,  up  to  sixteen  million  dollars on an annualized basis for the
 periods January first, nineteen hundred  ninety-seven  through  December
 thirty-first, nineteen hundred ninety-nine, up to twenty million dollars
 for  the  period  January  first,  two thousand through December thirty-
 first, two thousand, up to twenty-one million  dollars  for  the  period
 A. 3007--B                         28
 
 January first, two thousand one through December thirty-first, two thou-
 sand one, up to twenty-two million dollars for the period January first,
 two  thousand two through December thirty-first, two thousand two, up to
 twenty-two  million  five  hundred fifty thousand dollars for the period
 January first, two thousand three  through  December  thirty-first,  two
 thousand  three,  up to nine million six hundred eighty thousand dollars
 for the period January first, two thousand four through  December  thir-
 ty-first,  two  thousand  four,  up to twelve million one hundred thirty
 thousand dollars for the period January first, two thousand five through
 December thirty-first, two thousand five, up to twenty-four million  two
 hundred  fifty  thousand dollars for the period January first, two thou-
 sand six through December thirty-first, two thousand six, up  to  twenty
 million four hundred ninety-two thousand dollars annually for the period
 January  first,  two  thousand  seven through December thirty-first, two
 thousand ten, up to  five  million  one  hundred  twenty-three  thousand
 dollars  for the period January first, two thousand eleven through March
 thirty-first, two thousand eleven, up to eighteen million three  hundred
 fifty  thousand  dollars for the period April first, two thousand eleven
 through March thirty-first, two thousand twelve, up to eighteen  million
 nine  hundred  fifty  thousand  dollars  for the period April first, two
 thousand twelve through March thirty-first, two thousand thirteen, up to
 nineteen million four hundred nineteen thousand dollars for  the  period
 April first, two thousand thirteen through March thirty-first, two thou-
 sand  fourteen,  and up to nineteen million six hundred fifty-nine thou-
 sand seven hundred dollars each state fiscal  year  for  the  period  of
 April first, two thousand fourteen through March thirty-first, two thou-
 sand [twenty-three] TWENTY-SIX;
   (iii)  priority  distributions  by  the  commissioner up to thirty-two
 million dollars on an annualized basis for the period January first, two
 thousand through December thirty-first, two thousand four, up  to  thir-
 ty-eight  million  dollars on an annualized basis for the period January
 first, two thousand five through  December  thirty-first,  two  thousand
 six,  up  to eighteen million two hundred fifty thousand dollars for the
 period January first, two thousand seven through December  thirty-first,
 two  thousand seven, up to three million dollars annually for the period
 January first, two thousand eight  through  December  thirty-first,  two
 thousand  ten, up to seven hundred fifty thousand dollars for the period
 January first, two thousand eleven through March thirty-first, two thou-
 sand eleven, up to two million nine hundred thousand dollars each  state
 fiscal  year  for  the  period  April first, two thousand eleven through
 March thirty-first, two thousand fourteen, and up to  two  million  nine
 hundred  thousand  dollars  each  state fiscal year for the period April
 first, two thousand fourteen through March  thirty-first,  two  thousand
 [twenty-three]  TWENTY-SIX  to  be allocated (A) for the purposes estab-
 lished pursuant to subparagraph (ii) of  paragraph  (f)  of  subdivision
 nineteen  of  section twenty-eight hundred seven-c of this article as in
 effect on December thirty-first, nineteen hundred ninety-six and as  may
 thereafter  be  amended,  up to fifteen million dollars annually for the
 periods January first, two thousand through December  thirty-first,  two
 thousand  four, up to twenty-one million dollars annually for the period
 January first, two thousand  five  through  December  thirty-first,  two
 thousand  six, and up to seven million five hundred thousand dollars for
 the period January first, two thousand seven through March thirty-first,
 two thousand seven;
   (B) pursuant to a memorandum of  understanding  entered  into  by  the
 commissioner,  the  majority leader of the senate and the speaker of the
 A. 3007--B                         29
 
 assembly, for the purposes outlined in such memorandum upon  the  recom-
 mendation  of  the  majority  leader  of the senate, up to eight million
 five hundred thousand dollars annually for the period January first, two
 thousand through December thirty-first, two thousand six, and up to four
 million two hundred fifty thousand dollars for the period January first,
 two  thousand  seven through June thirtieth, two thousand seven, and for
 the purposes outlined in such memorandum upon the recommendation of  the
 speaker  of  the  assembly,  up  to  eight million five hundred thousand
 dollars annually for the periods January  first,  two  thousand  through
 December  thirty-first,  two  thousand  six,  and up to four million two
 hundred fifty thousand dollars for the period January first,  two  thou-
 sand seven through June thirtieth, two thousand seven; and
   (C)  for services and expenses, including grants, related to emergency
 assistance distributions as designated by the  commissioner.    Notwith-
 standing  section  one  hundred twelve or one hundred sixty-three of the
 state finance law or any other contrary provision of law, such  distrib-
 utions shall be limited to providers or programs where, as determined by
 the  commissioner,  emergency assistance is vital to protect the life or
 safety of patients, to ensure the retention of  facility  caregivers  or
 other  staff, or in instances where health facility operations are jeop-
 ardized, or where the public health is jeopardized  or  other  emergency
 situations  exist,  up  to three million dollars annually for the period
 April first, two thousand seven through March thirty-first, two thousand
 eleven, up to two million  nine  hundred  thousand  dollars  each  state
 fiscal  year  for  the  period  April first, two thousand eleven through
 March thirty-first, two  thousand  fourteen,  up  to  two  million  nine
 hundred  thousand  dollars  each  state fiscal year for the period April
 first, two thousand fourteen through March  thirty-first,  two  thousand
 seventeen,  up  to  two million nine hundred thousand dollars each state
 fiscal year for the period April first, two thousand  seventeen  through
 March  thirty-first,  two  thousand twenty, [and] up to two million nine
 hundred thousand dollars each state fiscal year  for  the  period  April
 first,  two  thousand  twenty  through  March thirty-first, two thousand
 twenty-three, AND UP TO TWO MILLION NINE HUNDRED THOUSAND  DOLLARS  EACH
 STATE  FISCAL YEAR FOR THE PERIOD APRIL FIRST, TWO THOUSAND TWENTY-THREE
 THROUGH MARCH THIRTY-FIRST, TWO THOUSAND TWENTY-SIX. Upon  any  distrib-
 ution of such funds, the commissioner shall immediately notify the chair
 and  ranking minority member of the senate finance committee, the assem-
 bly ways and means committee, the senate committee on  health,  and  the
 assembly committee on health;
   (iv)  distributions  by  the  commissioner  related  to poison control
 centers pursuant to subdivision seven of section  twenty-five  hundred-d
 of  this  chapter,  up  to  five  million dollars for the period January
 first, nineteen  hundred  ninety-seven  through  December  thirty-first,
 nineteen hundred ninety-seven, up to three million dollars on an annual-
 ized  basis  for  the  periods during the period January first, nineteen
 hundred ninety-eight through  December  thirty-first,  nineteen  hundred
 ninety-nine, up to five million dollars annually for the periods January
 first,  two thousand through December thirty-first, two thousand two, up
 to four million six hundred thousand dollars annually  for  the  periods
 January  first,  two  thousand  three through December thirty-first, two
 thousand four, up to five million one hundred thousand dollars  for  the
 period  January  first, two thousand five through December thirty-first,
 two thousand six annually, up  to  five  million  one  hundred  thousand
 dollars  annually  for  the  period  January  first,  two thousand seven
 through December thirty-first, two thousand nine, up  to  three  million
 A. 3007--B                         30
 
 six  hundred thousand dollars for the period January first, two thousand
 ten through December thirty-first, two thousand ten, up to seven hundred
 seventy-five thousand dollars for the period January first, two thousand
 eleven  through  March  thirty-first,  two  thousand  eleven,  up to two
 million five hundred thousand dollars each state  fiscal  year  for  the
 period  April first, two thousand eleven through March thirty-first, two
 thousand fourteen, up to three million dollars each  state  fiscal  year
 for  the period April first, two thousand fourteen through March thirty-
 first, two thousand seventeen, up to three million  dollars  each  state
 fiscal  year  for the period April first, two thousand seventeen through
 March thirty-first, two thousand  twenty,  [and]  up  to  three  million
 dollars  each state fiscal year for the period April first, two thousand
 twenty through March thirty-first, two thousand twenty-three, AND UP  TO
 THREE MILLION DOLLARS EACH STATE FISCAL YEAR FOR THE PERIOD APRIL FIRST,
 TWO THOUSAND TWENTY-THREE THROUGH MARCH THIRTY-FIRST, TWO THOUSAND TWEN-
 TY-SIX; and
   (v)  deposit by the commissioner, within amounts appropriated, and the
 state comptroller is hereby  authorized  and  directed  to  receive  for
 deposit  to, to the credit of the department of health's special revenue
 fund - other, miscellaneous special revenue  fund  -  339  maternal  and
 child  HIV  services  account  or  the  health  care  reform  act (HCRA)
 resources fund, whichever is  applicable,  for  purposes  of  a  special
 program  for  HIV services for women and children, including adolescents
 pursuant to section twenty-five hundred-f-one of  this  chapter,  up  to
 five  million  dollars annually for the periods January first, two thou-
 sand through December thirty-first, two thousand two, up to five million
 dollars for the period January first, two thousand three through  Decem-
 ber  thirty-first,  two  thousand  three, up to two million five hundred
 thousand dollars for the period January first, two thousand four through
 December thirty-first, two thousand four, up to two million five hundred
 thousand dollars for the period January first, two thousand five through
 December thirty-first, two thousand five, up to five million dollars for
 the period January first, two  thousand  six  through  December  thirty-
 first,  two  thousand  six,  up to five million dollars annually for the
 period January first, two thousand seven through December  thirty-first,
 two  thousand  ten, up to one million two hundred fifty thousand dollars
 for the period January first, two thousand eleven through March  thirty-
 first,  two  thousand  eleven, and up to five million dollars each state
 fiscal year for the period April  first,  two  thousand  eleven  through
 March thirty-first, two thousand fourteen;
   (d)  (i)  An  amount  of up to twenty million dollars annually for the
 period January first, two thousand through  December  thirty-first,  two
 thousand  six,  up  to ten million dollars for the period January first,
 two thousand seven through June thirtieth, two  thousand  seven,  up  to
 twenty  million dollars annually for the period January first, two thou-
 sand eight through December thirty-first, two thousand ten, up  to  five
 million  dollars  for  the  period  January  first,  two thousand eleven
 through March thirty-first, two thousand eleven, up to nineteen  million
 six hundred thousand dollars each state fiscal year for the period April
 first,  two  thousand  eleven  through  March thirty-first, two thousand
 fourteen, up to nineteen million six hundred thousand dollars each state
 fiscal year for the period April first, two  thousand  fourteen  through
 March  thirty-first,  two thousand seventeen, up to nineteen million six
 hundred thousand dollars each state fiscal year for the period of  April
 first,  two  thousand seventeen through March thirty-first, two thousand
 twenty, [and] up to nineteen million six hundred thousand  dollars  each
 A. 3007--B                         31
 
 state  fiscal  year  for  the period of April first, two thousand twenty
 through March thirty-first, two thousand twenty-three, AND UP  TO  NINE-
 TEEN MILLION SIX HUNDRED THOUSAND DOLLARS EACH STATE FISCAL YEAR FOR THE
 PERIOD  OF  APRIL FIRST, TWO THOUSAND TWENTY-THREE THROUGH MARCH THIRTY-
 FIRST, TWO THOUSAND TWENTY-SIX,  shall  be  transferred  to  the  health
 facility restructuring pool established pursuant to section twenty-eight
 hundred fifteen of this article;
   (ii)  provided,  however, amounts transferred pursuant to subparagraph
 (i) of this paragraph may be reduced in an amount to be approved by  the
 director  of  the budget to reflect the amount received from the federal
 government under the state's 1115 waiver which  is  directed  under  its
 terms and conditions to the health facility restructuring program.
   (f) Funds shall be accumulated and transferred from as follows:
   (i) from the pool for the period January first, nineteen hundred nine-
 ty-seven  through  December thirty-first, nineteen hundred ninety-seven,
 (A) thirty-four million  six hundred thousand dollars  shall  be  trans-
 ferred  to  funds  reserved and accumulated pursuant to paragraph (b) of
 subdivision nineteen of section twenty-eight  hundred  seven-c  of  this
 article,  and  (B)  eighty-two  million dollars shall be transferred and
 deposited and credited to the credit of the state general  fund  medical
 assistance local assistance account;
   (ii)  from  the  pool  for  the period January first, nineteen hundred
 ninety-eight through December  thirty-first,  nineteen  hundred  ninety-
 eight, eighty-two million dollars shall be transferred and deposited and
 credited  to  the  credit  of  the state general fund medical assistance
 local assistance account;
   (iii) from the pool for the period  January  first,  nineteen  hundred
 ninety-nine through December thirty-first, nineteen hundred ninety-nine,
 eighty-two  million dollars shall be transferred and deposited and cred-
 ited to the credit of the state general fund  medical  assistance  local
 assistance account;
   (iv)  from  the  pool  or  the health care reform act (HCRA) resources
 fund, whichever is applicable, for the period January first,  two  thou-
 sand  through  December  thirty-first,  two  thousand  four,  eighty-two
 million dollars annually, and for the period January first, two thousand
 five  through  December  thirty-first,  two  thousand  five,  eighty-two
 million  dollars,  and  for  the  period January first, two thousand six
 through December thirty-first,  two  thousand  six,  eighty-two  million
 dollars,  and  for  the period January first, two thousand seven through
 December thirty-first, two thousand seven, eighty-two  million  dollars,
 and  for  the  period January first, two thousand eight through December
 thirty-first, two thousand eight, ninety million seven hundred  thousand
 dollars  shall  be  deposited  by  the commissioner, and the state comp-
 troller is hereby authorized and directed to receive for deposit to  the
 credit  of  the  state special revenue fund - other, HCRA transfer fund,
 medical assistance account;
   (v) from the health care reform act  (HCRA)  resources  fund  for  the
 period  January  first, two thousand nine through December thirty-first,
 two thousand nine, one hundred eight million nine  hundred  seventy-five
 thousand  dollars,  and  for  the period January first, two thousand ten
 through December thirty-first, two thousand ten, one hundred  twenty-six
 million  one hundred thousand dollars, for the period January first, two
 thousand eleven through March thirty-first, two thousand eleven,  twenty
 million  five  hundred  thousand dollars, and for each state fiscal year
 for the period April first, two thousand eleven  through  March  thirty-
 first, two thousand fourteen, one hundred forty-six million four hundred
 A. 3007--B                         32
 
 thousand  dollars, shall be deposited by the commissioner, and the state
 comptroller is hereby authorized and directed to receive for deposit, to
 the credit of the state special revenue  fund  -  other,  HCRA  transfer
 fund, medical assistance account.
   (g)  Funds  shall be transferred to primary health care services pools
 created by the commissioner, and shall be  available,  including  income
 from invested funds, for distributions in accordance with former section
 twenty-eight hundred seven-bb of this article from the respective health
 care  initiatives  pools  for  the  following  periods  in the following
 percentage amounts of funds remaining after  allocations  in  accordance
 with paragraphs (a) through (f) of this subdivision:
   (i) from the pool for the period January first, nineteen hundred nine-
 ty-seven  through  December thirty-first, nineteen hundred ninety-seven,
 fifteen and eighty-seven-hundredths percent;
   (ii) from the pool for the  period  January  first,  nineteen  hundred
 ninety-eight  through  December  thirty-first,  nineteen hundred ninety-
 eight, fifteen and eighty-seven-hundredths percent; and
   (iii) from the pool for the period  January  first,  nineteen  hundred
 ninety-nine through December thirty-first, nineteen hundred ninety-nine,
 sixteen and thirteen-hundredths percent.
   (h)  Funds  shall be reserved and accumulated from year to year by the
 commissioner and shall be  available,  including  income  from  invested
 funds,  for  purposes of primary care education and training pursuant to
 article nine of this chapter from the respective health care initiatives
 pools established for the following periods in the following  percentage
 amounts  of  funds  remaining after allocations in accordance with para-
 graphs (a) through (f) of this subdivision and shall  be  available  for
 distributions as follows:
   (i) funds shall be reserved and accumulated:
   (A) from the pool for the period January first, nineteen hundred nine-
 ty-seven  through  December thirty-first, nineteen hundred ninety-seven,
 six and thirty-five-hundredths percent;
   (B) from the pool for the period January first, nineteen hundred nine-
 ty-eight through December thirty-first, nineteen  hundred  ninety-eight,
 six and thirty-five-hundredths percent; and
   (C) from the pool for the period January first, nineteen hundred nine-
 ty-nine through December thirty-first, nineteen hundred ninety-nine, six
 and forty-five-hundredths percent;
   (ii)  funds shall be available for distributions including income from
 invested funds as follows:
   (A) for purposes of the primary care physician loan repayment  program
 in  accordance  with  section  nine hundred three of this chapter, up to
 five million dollars on an annualized basis;
   (B) for purposes of the primary care practitioner scholarship  program
 in  accordance with section nine hundred four of this chapter, up to two
 million dollars on an annualized basis;
   (C) for purposes of minority participation in medical education grants
 in accordance with section nine hundred six of this chapter, up  to  one
 million dollars on an annualized basis; and
   (D)  provided, however, that the commissioner may reallocate any funds
 remaining or unallocated for distributions for the primary care  practi-
 tioner  scholarship program in accordance with section nine hundred four
 of this chapter.
   (i) Funds shall be reserved and accumulated  from  year  to  year  and
 shall  be  available, including income from invested funds, for distrib-
 utions in accordance with  section  twenty-nine  hundred  fifty-two  and
 A. 3007--B                         33
 
 section twenty-nine hundred fifty-eight of this chapter for rural health
 care  delivery  development  and  rural  health care access development,
 respectively, from the respective health care initiatives pools  or  the
 health  care  reform act (HCRA) resources fund, whichever is applicable,
 for the following periods in the following percentage amounts  of  funds
 remaining  after  allocations  in accordance with paragraphs (a) through
 (f) of this subdivision, and for periods on and after January first, two
 thousand, in the following amounts:
   (i) from the pool for the period January first, nineteen hundred nine-
 ty-seven through December thirty-first, nineteen  hundred  ninety-seven,
 thirteen and forty-nine-hundredths percent;
   (ii)  from  the  pool  for  the period January first, nineteen hundred
 ninety-eight through December  thirty-first,  nineteen  hundred  ninety-
 eight, thirteen and forty-nine-hundredths percent;
   (iii)  from  the  pool  for the period January first, nineteen hundred
 ninety-nine through December thirty-first, nineteen hundred ninety-nine,
 thirteen and seventy-one-hundredths percent;
   (iv) from the pool for the periods January first, two thousand through
 December thirty-first, two thousand two, seventeen million dollars annu-
 ally, and for the period  January  first,  two  thousand  three  through
 December  thirty-first,  two thousand three, up to fifteen million eight
 hundred fifty thousand dollars;
   (v) from the pool or the health care reform act (HCRA) resources fund,
 whichever is applicable, for the period January first, two thousand four
 through December thirty-first, two thousand four, up to fifteen  million
 eight  hundred fifty thousand dollars, for the period January first, two
 thousand five through December thirty-first, two thousand  five,  up  to
 nineteen  million  two  hundred thousand dollars, for the period January
 first, two thousand six through December thirty-first, two thousand six,
 up to nineteen million two hundred  thousand  dollars,  for  the  period
 January  first,  two  thousand  seven through December thirty-first, two
 thousand ten, up to eighteen million one hundred fifty thousand  dollars
 annually,  for  the  period  January  first, two thousand eleven through
 March thirty-first, two thousand eleven, up to four million five hundred
 thirty-eight thousand dollars, for each state fiscal year for the period
 April first, two thousand eleven through March thirty-first,  two  thou-
 sand fourteen, up to sixteen million two hundred thousand dollars, up to
 sixteen  million two hundred thousand dollars each state fiscal year for
 the period April first, two  thousand  fourteen  through  March  thirty-
 first,  two  thousand seventeen, up to sixteen million two hundred thou-
 sand dollars each state fiscal year for  the  period  April  first,  two
 thousand  seventeen  through  March  thirty-first,  two thousand twenty,
 [and] up to sixteen million two  hundred  thousand  dollars  each  state
 fiscal  year  for  the  period  April first, two thousand twenty through
 March thirty-first, two thousand twenty-three, AND UP TO SIXTEEN MILLION
 TWO HUNDRED THOUSAND DOLLARS EACH STATE FISCAL YEAR FOR THE PERIOD APRIL
 FIRST, TWO THOUSAND TWENTY-THREE THROUGH MARCH THIRTY-FIRST,  TWO  THOU-
 SAND TWENTY-SIX.
   (j)  Funds  shall  be  reserved  and accumulated from year to year and
 shall be available, including income from invested funds,  for  purposes
 of  distributions  related to health information and health care quality
 improvement pursuant to former section twenty-eight hundred  seven-n  of
 this  article  from  the respective health care initiatives pools estab-
 lished for the following periods in the following percentage amounts  of
 funds  remaining  after  allocations  in  accordance with paragraphs (a)
 through (f) of this subdivision:
 A. 3007--B                         34
 
   (i) from the pool for the period January first, nineteen hundred nine-
 ty-seven through December thirty-first, nineteen  hundred  ninety-seven,
 six and thirty-five-hundredths percent;
   (ii)  from  the  pool  for  the period January first, nineteen hundred
 ninety-eight through December  thirty-first,  nineteen  hundred  ninety-
 eight, six and thirty-five-hundredths percent; and
   (iii)  from  the  pool  for the period January first, nineteen hundred
 ninety-nine through December thirty-first, nineteen hundred ninety-nine,
 six and forty-five-hundredths percent.
   (k) Funds shall be reserved and accumulated  from  year  to  year  and
 shall  be  available,  including  income  from invested funds, for allo-
 cations  and  distributions  in  accordance  with  section  twenty-eight
 hundred  seven-p  of  this  article  for diagnostic and treatment center
 uncompensated care from the respective health care initiatives pools  or
 the  health care reform act (HCRA) resources fund, whichever is applica-
 ble, for the following periods in the following percentage   amounts  of
 funds  remaining  after  allocations  in  accordance with paragraphs (a)
 through (f) of this subdivision, and for periods on  and  after  January
 first, two thousand, in the following amounts:
   (i) from the pool for the period January first, nineteen hundred nine-
 ty-seven  through  December thirty-first, nineteen hundred ninety-seven,
 thirty-eight and one-tenth percent;
   (ii) from the pool for the  period  January  first,  nineteen  hundred
 ninety-eight  through  December  thirty-first,  nineteen hundred ninety-
 eight, thirty-eight and one-tenth percent;
   (iii) from the pool for the period  January  first,  nineteen  hundred
 ninety-nine through December thirty-first, nineteen hundred ninety-nine,
 thirty-eight and seventy-one-hundredths percent;
   (iv) from the pool for the periods January first, two thousand through
 December  thirty-first,  two  thousand  two, forty-eight million dollars
 annually, and for the period January first, two thousand  three  through
 June thirtieth, two thousand three, twenty-four million dollars;
   (v)  (A)  from the pool or the health care reform act (HCRA) resources
 fund, whichever is applicable, for the period July first,  two  thousand
 three  through  December  thirty-first,  two  thousand  three, up to six
 million dollars, for the period January first, two thousand four through
 December thirty-first, two thousand six, up to  twelve  million  dollars
 annually,  for  the  period  January  first,  two thousand seven through
 December thirty-first, two thousand thirteen, up to forty-eight  million
 dollars  annually,  for  the period January first, two thousand fourteen
 through March thirty-first, two thousand fourteen, up to twelve  million
 dollars  for the period April first, two thousand fourteen through March
 thirty-first, two thousand seventeen, up to forty-eight million  dollars
 annually,  for  the  period  April first, two thousand seventeen through
 March thirty-first, two  thousand  twenty,  up  to  forty-eight  million
 dollars  annually, [and] for the period April first, two thousand twenty
 through March thirty-first, two thousand twenty-three, up to forty-eight
 million dollars annually, AND FOR THE PERIOD APRIL FIRST,  TWO  THOUSAND
 TWENTY-THREE  THROUGH MARCH THIRTY-FIRST, TWO THOUSAND TWENTY-SIX, UP TO
 FORTY-EIGHT MILLION DOLLARS ANNUALLY;
   (B) from the health care reform act  (HCRA)  resources  fund  for  the
 period  January  first,  two thousand six through December thirty-first,
 two thousand six, an additional  seven  million  five  hundred  thousand
 dollars, for the period January first, two thousand seven through Decem-
 ber  thirty-first,  two  thousand  thirteen, an additional seven million
 five hundred thousand dollars annually, for the  period  January  first,
 A. 3007--B                         35
 
 two thousand fourteen through March thirty-first, two thousand fourteen,
 an  additional  one million eight hundred seventy-five thousand dollars,
 for the period April first, two thousand fourteen through March  thirty-
 first,  two thousand seventeen, an additional seven million five hundred
 thousand dollars annually, for the  period  April  first,  two  thousand
 seventeen through March thirty-first, two thousand twenty, an additional
 seven  million  five  hundred  thousand  dollars annually, [and] for the
 period April first, two thousand twenty through March thirty-first,  two
 thousand twenty-three, an additional seven million five hundred thousand
 dollars  annually,  AND FOR THE PERIOD APRIL FIRST, TWO THOUSAND TWENTY-
 THREE THROUGH MARCH THIRTY-FIRST, TWO THOUSAND TWENTY-SIX, AN ADDITIONAL
 SEVEN MILLION FIVE HUNDRED THOUSAND DOLLARS ANNUALLY for voluntary  non-
 profit  diagnostic and treatment center uncompensated care in accordance
 with subdivision four-c of section twenty-eight hundred seven-p of  this
 article; and
   (vi)  funds  reserved  and  accumulated pursuant to this paragraph for
 periods on and after July first, two thousand three, shall be  deposited
 by  the  commissioner,  within amounts appropriated, and the state comp-
 troller is hereby authorized and directed to receive for deposit to  the
 credit  of  the state special revenue funds - other, HCRA transfer fund,
 medical assistance account, for purposes of funding the state  share  of
 rate  adjustments  made pursuant to section twenty-eight hundred seven-p
 of this article, provided, however, that in the event federal  financial
 participation  is  not  available  for rate adjustments made pursuant to
 paragraph (b) of subdivision one of section twenty-eight hundred seven-p
 of this article, funds shall be distributed pursuant to paragraph (a) of
 subdivision one of section twenty-eight hundred seven-p of this  article
 from  the  respective  health  care initiatives pools or the health care
 reform act (HCRA) resources fund, whichever is applicable.
   (l) Funds shall be reserved and accumulated from year to year  by  the
 commissioner  and  shall  be  available,  including income from invested
 funds, for transfer to and allocation  for services and expenses for the
 payment of benefits to recipients of  drugs under the AIDS drug  assist-
 ance  program  (ADAP)  -  HIV  uninsured care program as administered by
 Health Research Incorporated from the  respective   health  care  initi-
 atives pools or the health care reform act (HCRA) resources fund, which-
 ever is applicable, established for the following periods in the follow-
 ing   percentage   amounts  of  funds  remaining  after  allocations  in
 accordance with paragraphs (a) through (f) of this subdivision, and  for
 periods  on  and  after  January  first,  two thousand, in the following
 amounts:
   (i) from the pool for the period January first, nineteen hundred nine-
 ty-seven through December thirty-first, nineteen  hundred  ninety-seven,
 nine and fifty-two-hundredths percent;
   (ii)  from  the  pool  for  the period January first, nineteen hundred
 ninety-eight through December  thirty-first,  nineteen  hundred  ninety-
 eight, nine and fifty-two-hundredths percent;
   (iii)  from  the  pool  for the period January first, nineteen hundred
 ninety-nine and December  thirty-first,  nineteen  hundred  ninety-nine,
 nine and sixty-eight-hundredths percent;
   (iv) from the pool for the periods January first, two thousand through
 December  thirty-first,  two  thousand two, up to twelve million dollars
 annually, and for the period January first, two thousand  three  through
 December  thirty-first, two thousand three, up to forty million dollars;
 and
 A. 3007--B                         36
 
   (v) from the pool or the health care reform act (HCRA) resources fund,
 whichever is applicable, for the periods  January  first,  two  thousand
 four  through  December thirty-first, two thousand four, up to fifty-six
 million dollars, for the period January first, two thousand five through
 December  thirty-first,  two  thousand  six, up to sixty million dollars
 annually, for the period  January  first,  two  thousand  seven  through
 December  thirty-first,  two  thousand  ten, up to sixty million dollars
 annually, for the period January  first,  two  thousand  eleven  through
 March  thirty-first, two thousand eleven, up to fifteen million dollars,
 each state fiscal year for the period April first, two  thousand  eleven
 through  March  thirty-first,  two  thousand  fourteen,  up to forty-two
 million three hundred thousand dollars and up to forty-one million fifty
 thousand dollars each state fiscal year for the period April first,  two
 thousand  fourteen  through  March  thirty-first,  two thousand [twenty-
 three] TWENTY-SIX.
   (m) Funds shall be reserved and accumulated  from  year  to  year  and
 shall  be  available, including income from invested funds, for purposes
 of distributions pursuant to section  twenty-eight  hundred  seven-r  of
 this article for cancer related services from the respective health care
 initiatives  pools  or the health care reform act (HCRA) resources fund,
 whichever is applicable, established for the following  periods  in  the
 following  percentage  amounts  of  funds remaining after allocations in
 accordance with paragraphs (a) through (f) of this subdivision, and  for
 periods  on  and  after  January  first,  two thousand, in the following
 amounts:
   (i) from the pool for the period January first, nineteen hundred nine-
 ty-seven through December thirty-first, nineteen  hundred  ninety-seven,
 seven and ninety-four-hundredths percent;
   (ii)  from  the  pool  for  the period January first, nineteen hundred
 ninety-eight through December  thirty-first,  nineteen  hundred  ninety-
 eight, seven and ninety-four-hundredths percent;
   (iii)  from  the  pool  for the period January first, nineteen hundred
 ninety-nine and December thirty-first, nineteen hundred ninety-nine, six
 and forty-five-hundredths percent;
   (iv) from the pool for the period January first, two thousand  through
 December thirty-first, two thousand two, up to ten million dollars on an
 annual basis;
   (v)  from  the  pool  for the period January first, two thousand three
 through December thirty-first, two thousand four, up  to  eight  million
 nine hundred fifty thousand dollars on an annual basis;
   (vi)  from  the  pool  or  the health care reform act (HCRA) resources
 fund, whichever is applicable, for the period January first,  two  thou-
 sand  five  through  December  thirty-first, two thousand six, up to ten
 million fifty thousand dollars on an annual basis, for the period  Janu-
 ary  first,  two thousand seven through December thirty-first, two thou-
 sand ten, up to nineteen million dollars annually, and  for  the  period
 January first, two thousand eleven through March thirty-first, two thou-
 sand eleven, up to four million seven hundred fifty thousand dollars.
   (n)  Funds  shall  be accumulated and transferred from the health care
 reform act (HCRA) resources fund as follows: for the period April first,
 two thousand seven through March thirty-first, two thousand  eight,  and
 on  an  annual  basis  for  the  periods April first, two thousand eight
 through November thirtieth, two  thousand  nine,  funds  within  amounts
 appropriated  shall  be  transferred  and  deposited and credited to the
 credit of the state special revenue funds - other, HCRA  transfer  fund,
 medical  assistance  account, for purposes of funding the state share of
 A. 3007--B                         37
 
 rate adjustments made to public and voluntary  hospitals  in  accordance
 with  paragraphs  (i) and (j) of subdivision one of section twenty-eight
 hundred seven-c of this article.
   2.  Notwithstanding  any  inconsistent provision of law, rule or regu-
 lation, any funds accumulated  in  the  health  care  initiatives  pools
 pursuant  to  paragraph  (b) of subdivision nine of section twenty-eight
 hundred seven-j of this article, as a result of surcharges,  assessments
 or  other obligations during the periods January first, nineteen hundred
 ninety-seven through December  thirty-first,  nineteen  hundred  ninety-
 nine, which are unused or uncommitted for distributions pursuant to this
 section  shall  be  reserved  and  accumulated  from year to year by the
 commissioner and, within amounts appropriated, transferred and deposited
 into the special revenue funds - other,  miscellaneous  special  revenue
 fund  -  339,  child  health  insurance account or any successor fund or
 account, for purposes of distributions to  implement  the  child  health
 insurance  program  established pursuant to sections twenty-five hundred
 ten and twenty-five hundred eleven of this chapter for  periods  on  and
 after January first, two thousand one; provided, however, funds reserved
 and  accumulated  for  priority  distributions  pursuant to subparagraph
 (iii) of paragraph (c) of subdivision one of this section shall  not  be
 transferred  and  deposited  into such account pursuant to this subdivi-
 sion; and provided further, however, that any unused or uncommitted pool
 funds accumulated and allocated pursuant to paragraph (j) of subdivision
 one of this section shall be distributed  for  purposes  of  the  health
 information and quality improvement act of 2000.
   3.  Revenue  from  distributions pursuant to this section shall not be
 included in gross revenue  received  for  purposes  of  the  assessments
 pursuant to subdivision eighteen of section twenty-eight hundred seven-c
 of  this article, subject to the provisions of paragraph (e) of subdivi-
 sion eighteen of section twenty-eight hundred seven-c of  this  article,
 and  shall not be included in gross revenue received for purposes of the
 assessments pursuant to section twenty-eight  hundred  seven-d  of  this
 article,  subject  to  the  provisions  of subdivision twelve of section
 twenty-eight hundred seven-d of this article.
   § 6. Subdivision 5-a of section 2807-m of the public  health  law,  as
 amended  by  section  6  of part Y of chapter 56 of the laws of 2020, is
 amended to read as follows:
   5-a. Graduate medical education  innovations  pool.  (a)  Supplemental
 distributions.  (i)  Thirty-one  million  dollars for the period January
 first, two thousand eight through December  thirty-first,  two  thousand
 eight,  shall  be  set  aside  and reserved by the commissioner from the
 regional pools established pursuant to subdivision two of  this  section
 and shall be available for distributions pursuant to subdivision five of
 this  section  and in accordance with section 86-1.89 of title 10 of the
 codes, rules and regulations of the state of New York as  in  effect  on
 January  first,  two  thousand eight; provided, however, for purposes of
 funding the empire clinical research investigation  program  (ECRIP)  in
 accordance  with paragraph eight of subdivision (e) and paragraph two of
 subdivision (f) of section 86-1.89 of title 10 of the codes,  rules  and
 regulations  of the state of New York, distributions shall be made using
 two regions defined as New York city and the rest of the state  and  the
 dollar amount set forth in subparagraph (i) of paragraph two of subdivi-
 sion  (f)  of  section 86-1.89 of title 10 of the codes, rules and regu-
 lations of the state of New York shall be increased from sixty  thousand
 dollars to seventy-five thousand dollars.
 A. 3007--B                         38
 
   (ii)  For  periods  on  and  after  January  first, two thousand nine,
 supplemental distributions pursuant to subdivision five of this  section
 and  in  accordance with section 86-1.89 of title 10 of the codes, rules
 and regulations of the state of New York shall no longer be made and the
 provisions  of section 86-1.89 of title 10 of the codes, rules and regu-
 lations of the state of New York shall be null and void.
   (b)  Empire  clinical  research  investigator  program  (ECRIP).  Nine
 million  one  hundred  twenty  thousand  dollars annually for the period
 January first, two thousand  nine  through  December  thirty-first,  two
 thousand  ten,  and  two million two hundred eighty thousand dollars for
 the period January first, two thousand  eleven,  through  March  thirty-
 first,  two  thousand  eleven,  nine million one hundred twenty thousand
 dollars each state fiscal year for the period April first, two  thousand
 eleven  through  March  thirty-first, two thousand fourteen, up to eight
 million six hundred twelve thousand dollars each state fiscal  year  for
 the  period  April  first,  two  thousand fourteen through March thirty-
 first, two thousand seventeen, up to eight million  six  hundred  twelve
 thousand  dollars each state fiscal year for the period April first, two
 thousand seventeen through  March  thirty-first,  two  thousand  twenty,
 [and] up to eight million six hundred twelve thousand dollars each state
 fiscal  year  for  the  period  April first, two thousand twenty through
 March thirty-first, two thousand twenty-three, AND UP TO  EIGHT  MILLION
 SIX HUNDRED TWELVE THOUSAND DOLLARS EACH STATE FISCAL YEAR FOR THE PERI-
 OD  APRIL  FIRST,  TWO THOUSAND TWENTY-THREE THROUGH MARCH THIRTY-FIRST,
 TWO THOUSAND TWENTY-SIX, shall be set aside and reserved by the  commis-
 sioner  from  the regional pools established pursuant to subdivision two
 of this section to be allocated regionally with two-thirds of the avail-
 able funding going to New York city and one-third of the available fund-
 ing going to the rest of the state and shall be available  for  distrib-
 ution as follows:
   Distributions  shall  first  be made to consortia and teaching general
 hospitals for the empire clinical research investigator program  (ECRIP)
 to  help  secure federal funding for biomedical research, train clinical
 researchers, recruit national leaders as faculty to act as mentors,  and
 train  residents  and  fellows  in  biomedical  research skills based on
 hospital-specific data submitted to the commissioner  by  consortia  and
 teaching general hospitals in accordance with clause (G) of this subpar-
 agraph.  Such distributions shall be made in accordance with the follow-
 ing methodology:
   (A) The greatest number of clinical research  positions  for  which  a
 consortium  or  teaching general hospital may be funded pursuant to this
 subparagraph shall be one percent  of  the  total  number  of  residents
 training  at  the consortium or teaching general hospital on July first,
 two thousand eight for the  period  January  first,  two  thousand  nine
 through December thirty-first, two thousand nine rounded up to the near-
 est one position.
   (B)  Distributions  made  to a consortium or teaching general hospital
 shall equal the product of the total number of clinical  research  posi-
 tions  submitted  by  a  consortium  or  teaching  general  hospital and
 accepted by the commissioner as meeting the criteria set forth in  para-
 graph  (b)  of subdivision one of this section, subject to the reduction
 calculation set forth in clause (C)  of  this  subparagraph,  times  one
 hundred ten thousand dollars.
   (C)  If  the  dollar  amount for the total number of clinical research
 positions in the region  calculated  pursuant  to  clause  (B)  of  this
 subparagraph  exceeds the total amount appropriated for purposes of this
 A. 3007--B                         39
 
 paragraph, including clinical research positions that continue from  and
 were funded in prior distribution periods, the commissioner shall elimi-
 nate  one-half  of  the  clinical  research  positions submitted by each
 consortium  or teaching general hospital rounded down to the nearest one
 position. Such reduction shall be repeated until the dollar  amount  for
 the  total  number of clinical research positions in the region does not
 exceed the total amount appropriated for purposes of this paragraph.  If
 the  repeated  reduction  of the total number of clinical research posi-
 tions in the region by one-half does not render a total  funding  amount
 that  is equal to or less than the total amount reserved for that region
 within the appropriation, the funding for each clinical  research  posi-
 tion  in  that  region  shall  be reduced proportionally in one thousand
 dollar increments until the total dollar amount for the total number  of
 clinical  research  positions  in  that region does not exceed the total
 amount reserved for that region within the appropriation. Any  reduction
 in  funding will be effective for the duration of the award. No clinical
 research positions that continue from and were funded in prior  distrib-
 ution periods shall be eliminated or reduced by such methodology.
   (D)  Each  consortium  or  teaching general hospital shall receive its
 annual distribution amount in accordance with the following:
   (I) Each consortium or teaching general hospital with a one-year ECRIP
 award  shall  receive  its  annual  distribution  amount  in  full  upon
 completion of the requirements set forth in items (I) and (II) of clause
 (G)  of  this subparagraph. The requirements set forth in items (IV) and
 (V) of clause (G) of this subparagraph must be completed by the  consor-
 tium  or teaching general hospital in order for the consortium or teach-
 ing general hospital to be eligible to apply for ECRIP  funding  in  any
 subsequent funding cycle.
   (II)  Each  consortium  or  teaching  general hospital with a two-year
 ECRIP award shall receive its first annual distribution amount  in  full
 upon  completion  of the requirements set forth in items (I) and (II) of
 clause (G) of this subparagraph. Each  consortium  or  teaching  general
 hospital will receive its second annual distribution amount in full upon
 completion  of the requirements set forth in item (III) of clause (G) of
 this subparagraph. The requirements set forth in items (IV) and  (V)  of
 clause  (G)  of this subparagraph must be completed by the consortium or
 teaching general hospital in order for the consortium or teaching gener-
 al hospital to be eligible to apply for ECRIP funding in any  subsequent
 funding cycle.
   (E)  Each  consortium  or teaching general hospital receiving distrib-
 utions pursuant to this subparagraph shall reserve seventy-five thousand
 dollars to primarily fund salary and fringe  benefits  of  the  clinical
 research  position  with  the remainder going to fund the development of
 faculty who are involved in biomedical research, training  and  clinical
 care.
   (F)  Undistributed  or  returned  funds  available  to  fund  clinical
 research positions pursuant to this paragraph for a distribution  period
 shall  be  available to fund clinical research positions in a subsequent
 distribution period.
   (G) In order to be eligible for distributions pursuant to this subpar-
 agraph, each consortium and teaching general hospital shall  provide  to
 the  commissioner by July first of each distribution period, the follow-
 ing data and information on a hospital-specific  basis.  Such  data  and
 information  shall  be  certified as to accuracy and completeness by the
 chief executive officer, chief financial officer or chair of the consor-
 tium governing body of each consortium or teaching general hospital  and
 A. 3007--B                         40
 
 shall be maintained by each consortium and teaching general hospital for
 five years from the date of submission:
   (I)  For  each  clinical  research  position, information on the type,
 scope, training objectives,  institutional  support,  clinical  research
 experience of the sponsor-mentor, plans for submitting research outcomes
 to  peer reviewed journals and at scientific meetings, including a meet-
 ing sponsored by the department, the name of a principal contact  person
 responsible for tracking the career development of researchers placed in
 clinical  research positions, as defined in paragraph (c) of subdivision
 one of this section, and who is authorized to certify to the commission-
 er that all the requirements of the clinical  research  training  objec-
 tives  set  forth  in this subparagraph shall be met. Such certification
 shall be provided by July first of each distribution period;
   (II) For each clinical research position,  information  on  the  name,
 citizenship  status, medical education and training, and medical license
 number of the researcher, if applicable, shall be provided  by  December
 thirty-first of the calendar year following the distribution period;
   (III)  Information on the status of the clinical research plan, accom-
 plishments, changes in research activities, progress, and performance of
 the researcher shall be provided upon  completion  of  one-half  of  the
 award term;
   (IV)  A  final report detailing training experiences, accomplishments,
 activities and performance of the clinical researcher, and  data,  meth-
 ods,  results  and  analyses  of  the  clinical  research  plan shall be
 provided three months after the clinical research position ends; and
   (V) Tracking information concerning past  researchers,  including  but
 not  limited  to (A) background information, (B) employment history, (C)
 research status, (D) current research activities, (E)  publications  and
 presentations,  (F)  research  support,  and  (G)  any other information
 necessary to track the researcher; and
   (VI) Any other data or information required  by  the  commissioner  to
 implement this subparagraph.
   (H)  Notwithstanding  any  inconsistent provision of this subdivision,
 for periods on and after April first, two thousand thirteen, ECRIP grant
 awards shall be made in accordance with rules and regulations promulgat-
 ed by the commissioner. Such regulations shall, at a minimum:
   (1) provide that ECRIP grant awards shall be made with  the  objective
 of  securing  federal funding for biomedical research, training clinical
 researchers, recruiting national leaders as faculty to act  as  mentors,
 and training residents and fellows in biomedical research skills;
   (2)  provide that ECRIP grant applicants may include interdisciplinary
 research teams comprised of teaching general hospitals acting in collab-
 oration with entities including but  not  limited  to  medical  centers,
 hospitals, universities and local health departments;
   (3) provide that applications for ECRIP grant awards shall be based on
 such  information requested by the commissioner, which shall include but
 not be limited to hospital-specific data;
   (4) establish the qualifications for  investigators  and  other  staff
 required for grant projects eligible for ECRIP grant awards; and
   (5)  establish a methodology for the distribution of funds under ECRIP
 grant awards.
   (c) Physician loan repayment program. One million nine  hundred  sixty
 thousand  dollars  for  the  period  January  first,  two thousand eight
 through December thirty-first, two  thousand  eight,  one  million  nine
 hundred  sixty  thousand dollars for the period January first, two thou-
 sand nine through December thirty-first, two thousand nine, one  million
 A. 3007--B                         41

 nine  hundred  sixty  thousand dollars for the period January first, two
 thousand ten through  December  thirty-first,  two  thousand  ten,  four
 hundred  ninety thousand dollars for the period January first, two thou-
 sand eleven through March thirty-first, two thousand eleven, one million
 seven  hundred  thousand  dollars  each state fiscal year for the period
 April first, two thousand eleven through March thirty-first,  two  thou-
 sand  fourteen,  up  to  one million seven hundred five thousand dollars
 each state fiscal year for the period April first, two thousand fourteen
 through March thirty-first, two thousand seventeen, up  to  one  million
 seven hundred five thousand dollars each state fiscal year for the peri-
 od  April  first, two thousand seventeen through March thirty-first, two
 thousand twenty, [and] up to one million  seven  hundred  five  thousand
 dollars  each state fiscal year for the period April first, two thousand
 twenty through March thirty-first, two thousand twenty-three, AND UP  TO
 ONE  MILLION  SEVEN HUNDRED FIVE THOUSAND DOLLARS EACH STATE FISCAL YEAR
 FOR THE PERIOD APRIL FIRST,  TWO  THOUSAND  TWENTY-THREE  THROUGH  MARCH
 THIRTY-FIRST,  TWO  THOUSAND TWENTY-SIX, shall be set aside and reserved
 by the commissioner from the  regional  pools  established  pursuant  to
 subdivision  two  of this section and shall be available for purposes of
 physician loan repayment in accordance  with  subdivision  ten  of  this
 section.   Notwithstanding  any  contrary  provision  of  this  section,
 sections one hundred twelve and one hundred  sixty-three  of  the  state
 finance  law, or any other contrary provision of law, such funding shall
 be allocated regionally with one-third of available funds going  to  New
 York  city  and  two-thirds  of available funds going to the rest of the
 state and shall be distributed in a  manner  to  be  determined  by  the
 commissioner  without  a competitive bid or request for proposal process
 as follows:
   (i) Funding shall first be awarded to repay loans of up to twenty-five
 physicians who train in primary care or  specialty  tracks  in  teaching
 general hospitals, and who enter and remain in primary care or specialty
 practices in underserved communities, as determined by the commissioner.
   (ii)  After  distributions in accordance with subparagraph (i) of this
 paragraph, all remaining funds shall be awarded to repay loans of physi-
 cians who enter and remain in primary care  or  specialty  practices  in
 underserved  communities,  as  determined by the commissioner, including
 but not limited to physicians working in  general  hospitals,  or  other
 health care facilities.
   (iii)  In no case shall less than fifty percent of the funds available
 pursuant to this paragraph be distributed in  accordance  with  subpara-
 graphs (i) and (ii) of this paragraph to physicians identified by gener-
 al hospitals.
   (iv)  In addition to the funds allocated under this paragraph, for the
 period April first, two thousand fifteen through March thirty-first, two
 thousand sixteen,  two  million  dollars  shall  be  available  for  the
 purposes described in subdivision ten of this section;
   (v)  In  addition to the funds allocated under this paragraph, for the
 period April first, two thousand sixteen through March thirty-first, two
 thousand seventeen, two million  dollars  shall  be  available  for  the
 purposes described in subdivision ten of this section;
   (vi) Notwithstanding any provision of law to the contrary, and subject
 to the extension of the Health Care Reform Act of 1996, sufficient funds
 shall be available for the purposes described in subdivision ten of this
 section  in amounts necessary to fund the remaining year commitments for
 awards made pursuant to subparagraphs (iv) and (v) of this paragraph.
 A. 3007--B                         42
 
   (d) Physician practice support. Four  million  nine  hundred  thousand
 dollars  for the period January first, two thousand eight through Decem-
 ber thirty-first, two thousand eight, four million nine hundred thousand
 dollars annually for the period January first, two thousand nine through
 December  thirty-first,  two thousand ten, one million two hundred twen-
 ty-five thousand dollars for the  period  January  first,  two  thousand
 eleven  through  March  thirty-first,  two thousand eleven, four million
 three hundred thousand dollars each state fiscal  year  for  the  period
 April  first,  two thousand eleven through March thirty-first, two thou-
 sand fourteen, up to four million three hundred sixty  thousand  dollars
 each state fiscal year for the period April first, two thousand fourteen
 through  March  thirty-first, two thousand seventeen, up to four million
 three hundred sixty thousand dollars for each state fiscal year for  the
 period  April  first, two thousand seventeen through March thirty-first,
 two thousand twenty, [and] up to four million three hundred sixty  thou-
 sand  dollars for each fiscal year for the period April first, two thou-
 sand twenty through March thirty-first, two thousand  twenty-three,  AND
 UP  TO FOUR MILLION THREE HUNDRED SIXTY THOUSAND DOLLARS FOR EACH FISCAL
 YEAR FOR THE PERIOD APRIL FIRST, TWO THOUSAND TWENTY-THREE THROUGH MARCH
 THIRTY-FIRST, TWO THOUSAND TWENTY-SIX, shall be set aside  and  reserved
 by  the  commissioner  from  the  regional pools established pursuant to
 subdivision two of this section and shall be available for  purposes  of
 physician  practice  support.  Notwithstanding any contrary provision of
 this section, sections one hundred twelve and one hundred sixty-three of
 the state finance law, or any other  contrary  provision  of  law,  such
 funding  shall be allocated regionally with one-third of available funds
 going to New York city and two-thirds of available funds  going  to  the
 rest  of the state and shall be distributed in a manner to be determined
 by the commissioner without a competitive bid or  request  for  proposal
 process as follows:
   (i)  Preference in funding shall first be accorded to teaching general
 hospitals for up to twenty-five awards, to  support  costs  incurred  by
 physicians  trained in primary or specialty tracks who thereafter estab-
 lish or join practices in underserved communities, as determined by  the
 commissioner.
   (ii)  After  distributions in accordance with subparagraph (i) of this
 paragraph, all remaining funds shall be awarded to physicians to support
 the cost of establishing or joining practices  in  underserved  communi-
 ties,  as  determined  by  the  commissioner, and to hospitals and other
 health care providers to recruit new physicians to provide  services  in
 underserved communities, as determined by the commissioner.
   (iii)  In no case shall less than fifty percent of the funds available
 pursuant to this  paragraph  be  distributed  to  general  hospitals  in
 accordance with subparagraphs (i) and (ii) of this paragraph.
   (e)  Work  group.  For  funding  available  pursuant to paragraphs (c)
 [and], (d) AND (e) of this subdivision:
   (i) The department shall appoint a  work  group  from  recommendations
 made  by  associations  representing  physicians,  general hospitals and
 other health care facilities to develop a streamlined application  proc-
 ess by June first, two thousand twelve.
   (ii) Subject to available funding, applications shall be accepted on a
 continuous  basis.  The department shall provide technical assistance to
 applicants to facilitate their completion of applications. An  applicant
 shall  be  notified  in  writing  by  the  department within ten days of
 receipt of an application as to whether the application is complete  and
 if  the  application is incomplete, what information is outstanding. The
 A. 3007--B                         43
 
 department shall act on an application within thirty days of receipt  of
 a complete application.
   (f) Study on physician workforce. Five hundred ninety thousand dollars
 annually for the period January first, two thousand eight through Decem-
 ber  thirty-first,  two  thousand  ten, one hundred forty-eight thousand
 dollars for the period January first, two thousand eleven through  March
 thirty-first, two thousand eleven, five hundred sixteen thousand dollars
 each  state  fiscal year for the period April first, two thousand eleven
 through March thirty-first, two thousand fourteen, up  to  four  hundred
 eighty-seven  thousand  dollars  each  state  fiscal year for the period
 April first, two thousand fourteen through March thirty-first, two thou-
 sand seventeen, up to four hundred  eighty-seven  thousand  dollars  for
 each  state  fiscal year for the period April first, two thousand seven-
 teen through March thirty-first, two thousand twenty, [and] up  to  four
 hundred  eighty-seven  thousand  dollars  each state fiscal year for the
 period April first, two thousand twenty through March thirty-first,  two
 thousand  twenty-three,  AND  UP  TO  FOUR HUNDRED EIGHTY-SEVEN THOUSAND
 DOLLARS EACH STATE FISCAL YEAR FOR THE PERIOD APRIL FIRST, TWO  THOUSAND
 TWENTY-THREE  THROUGH MARCH THIRTY-FIRST, TWO THOUSAND TWENTY-SIX, shall
 be set aside and reserved by the commissioner from  the  regional  pools
 established  pursuant  to  subdivision  two of this section and shall be
 available to fund a study of physician  workforce  needs  and  solutions
 including,  but  not  limited  to, an analysis of residency programs and
 projected physician workforce  and  community  needs.  The  commissioner
 shall  enter  into  agreements with one or more organizations to conduct
 such study based on a request for proposal process.
   (g) Diversity in medicine/post-baccalaureate program.  Notwithstanding
 any  inconsistent provision of section one hundred twelve or one hundred
 sixty-three of the state finance law or any other law, one million  nine
 hundred  sixty  thousand  dollars annually for the period January first,
 two thousand eight through December thirty-first, two thousand ten, four
 hundred ninety thousand dollars for the period January first, two  thou-
 sand eleven through March thirty-first, two thousand eleven, one million
 seven  hundred  thousand  dollars  each state fiscal year for the period
 April first, two thousand eleven through March thirty-first,  two  thou-
 sand  fourteen, up to one million six hundred five thousand dollars each
 state fiscal year for the period  April  first,  two  thousand  fourteen
 through  March  thirty-first,  two thousand seventeen, up to one million
 six hundred five thousand dollars each state fiscal year for the  period
 April  first,  two  thousand  seventeen  through March thirty-first, two
 thousand twenty, [and] up to  one  million  six  hundred  five  thousand
 dollars  each state fiscal year for the period April first, two thousand
 twenty through March thirty-first, two thousand twenty-three, AND UP  TO
 ONE MILLION SIX HUNDRED FIVE THOUSAND DOLLARS EACH STATE FISCAL YEAR FOR
 THE  PERIOD APRIL FIRST, TWO THOUSAND TWENTY-THREE THROUGH MARCH THIRTY-
 FIRST, TWO THOUSAND TWENTY-SIX, shall be set aside and reserved  by  the
 commissioner from the regional pools established pursuant to subdivision
 two  of  this  section  and  shall be available for distributions to the
 Associated Medical Schools of New York to  fund  its  diversity  program
 including  existing and new post-baccalaureate programs for minority and
 economically disadvantaged students and encourage participation from all
 medical schools in New York. The associated medical schools of New  York
 shall report to the commissioner on an annual basis regarding the use of
 funds  for  such  purpose  in  such  form and manner as specified by the
 commissioner.
 A. 3007--B                         44
 
   (h) In the event there are undistributed  funds  within  amounts  made
 available for distributions pursuant to this subdivision, such funds may
 be  reallocated  and  distributed  in current or subsequent distribution
 periods in a manner determined by the commissioner for any  purpose  set
 forth in this subdivision.
   §  7.  Subdivision  4-c of section 2807-p of the public health law, as
 amended by section 10 of part Y of chapter 56 of the laws  of  2020,  is
 amended to read as follows:
   4-c. Notwithstanding any provision of law to the contrary, the commis-
 sioner  shall  make additional payments for uncompensated care to volun-
 tary non-profit diagnostic and treatment centers that are  eligible  for
 distributions  under  subdivision  four of this section in the following
 amounts: for the period June first, two thousand  six  through  December
 thirty-first,  two  thousand  six,  in  the amount of seven million five
 hundred thousand dollars, for the period  January  first,  two  thousand
 seven  through  December thirty-first, two thousand seven, seven million
 five hundred thousand dollars, for the period January first,  two  thou-
 sand  eight  through  December  thirty-first,  two thousand eight, seven
 million five hundred thousand dollars, for the period January first, two
 thousand nine through December thirty-first, two thousand nine,  fifteen
 million five hundred thousand dollars, for the period January first, two
 thousand  ten  through  December  thirty-first,  two thousand ten, seven
 million five hundred thousand dollars, for the period January first, two
 thousand eleven though December thirty-first, two thousand eleven, seven
 million five hundred thousand dollars, for the period January first, two
 thousand twelve through  December  thirty-first,  two  thousand  twelve,
 seven  million  five  hundred  thousand  dollars, for the period January
 first, two thousand thirteen through December thirty-first, two thousand
 thirteen, seven million five hundred thousand dollars,  for  the  period
 January  first, two thousand fourteen through December thirty-first, two
 thousand fourteen, seven million five hundred thousand dollars, for  the
 period  January  first,  two  thousand  fifteen through December thirty-
 first,  two  thousand  fifteen,  seven  million  five  hundred  thousand
 dollars,  for  the  period  January  first  two thousand sixteen through
 December thirty-first, two thousand sixteen, seven million five  hundred
 thousand  dollars,  for the period January first, two thousand seventeen
 through December thirty-first, two  thousand  seventeen,  seven  million
 five  hundred  thousand dollars, for the period January first, two thou-
 sand eighteen through  December  thirty-first,  two  thousand  eighteen,
 seven  million  five  hundred  thousand  dollars, for the period January
 first, two thousand nineteen through December thirty-first, two thousand
 nineteen, seven million five hundred thousand dollars,  for  the  period
 January  first,  two  thousand twenty through December thirty-first, two
 thousand twenty, seven million five hundred thousand  dollars,  for  the
 period  January  first, two thousand twenty-one through December thirty-
 first, two thousand twenty-one,  seven  million  five  hundred  thousand
 dollars,  for  the period January first, two thousand twenty-two through
 December thirty-first,  two  thousand  twenty-two,  seven  million  five
 hundred  thousand  dollars,  FOR  THE PERIOD JANUARY FIRST, TWO THOUSAND
 TWENTY-THREE THROUGH DECEMBER THIRTY-FIRST, TWO  THOUSAND  TWENTY-THREE,
 SEVEN  MILLION  FIVE  HUNDRED  THOUSAND  DOLLARS, FOR THE PERIOD JANUARY
 FIRST, TWO THOUSAND TWENTY-FOUR THROUGH DECEMBER THIRTY-FIRST, TWO THOU-
 SAND TWENTY-FOUR, SEVEN MILLION FIVE HUNDRED THOUSAND DOLLARS,  FOR  THE
 PERIOD  JANUARY FIRST, TWO THOUSAND TWENTY-FIVE THROUGH DECEMBER THIRTY-
 FIRST, TWO THOUSAND TWENTY-FIVE, SEVEN  MILLION  FIVE  HUNDRED  THOUSAND
 DOLLARS,  and  for the period January first, two thousand [twenty-three]
 A. 3007--B                         45
 
 TWENTY-SIX through March thirty-first, two thousand [twenty-three] TWEN-
 TY-SIX, in the amount of  one  million  six  hundred  thousand  dollars,
 provided,  however,  that  for  periods  on and after January first, two
 thousand  eight, such additional payments shall be distributed to volun-
 tary, non-profit diagnostic and treatment centers and to public diagnos-
 tic and treatment centers in accordance with paragraph (g)  of  subdivi-
 sion  four  of  this  section.  In  the  event  that  federal  financial
 participation  is  available  for  rate  adjustments  pursuant  to  this
 section, the commissioner shall make such payments as additional adjust-
 ments to rates of payment for voluntary non-profit diagnostic and treat-
 ment  centers  that  are  eligible  for  distributions under subdivision
 four-a of this section in the following amounts:  for  the  period  June
 first, two thousand six through December thirty-first, two thousand six,
 fifteen  million  dollars  in  the aggregate, and for the period January
 first, two thousand seven through June thirtieth,  two  thousand  seven,
 seven  million  five  hundred  thousand  dollars  in  the aggregate. The
 amounts allocated pursuant to this paragraph shall  be  aggregated  with
 and  distributed  pursuant  to  the  same  methodology applicable to the
 amounts allocated to such diagnostic  and  treatment  centers  for  such
 periods  pursuant  to subdivision four of this section if federal finan-
 cial participation is not available, or pursuant to  subdivision  four-a
 of  this  section  if  federal  financial  participation  is  available.
 Notwithstanding  section  three  hundred  sixty-eight-a  of  the  social
 services  law,  there  shall  be  no local share in a medical assistance
 payment adjustment under this subdivision.
   § 8. Subparagraph (xv) of paragraph (a) of subdivision  6  of  section
 2807-s  of  the public health law, as amended by section 11 of part Y of
 chapter 56 of the laws of 2020, is amended and a new subparagraph  (xvi)
 is added to read as follows:
   (xv) A gross annual statewide amount for the period January first, two
 thousand  fifteen  through  December thirty-first, two thousand [twenty-
 three] TWENTY-TWO, shall be one billion forty-five million dollars.
   (XVI) A GROSS ANNUAL STATEWIDE AMOUNT FOR THE  PERIOD  JANUARY  FIRST,
 TWO  THOUSAND  TWENTY-THREE TO DECEMBER THIRTY-FIRST, TWO THOUSAND TWEN-
 TY-SIX SHALL BE ONE BILLION EIGHTY-FIVE MILLION DOLLARS,  FORTY  MILLION
 DOLLARS  ANNUALLY OF WHICH SHALL BE ALLOCATED UNDER SECTION TWENTY-EIGHT
 HUNDRED SEVEN-O OF THIS ARTICLE AMONG  THE  MUNICIPALITIES  OF  AND  THE
 STATE  OF  NEW  YORK  BASED ON EACH MUNICIPALITY'S SHARE AND THE STATE'S
 SHARE OF EARLY INTERVENTION PROGRAM EXPENDITURES NOT REIMBURSABLE BY THE
 MEDICAL ASSISTANCE PROGRAM FOR THE LATEST TWELVE MONTH PERIOD FOR  WHICH
 SUCH DATA IS AVAILABLE.
   §  9.  Paragraph  (g) of subdivision 6 of section 2807-s of the public
 health law, as added by chapter 820 of the laws of 2021, is  amended  to
 read as follows:
   (g)  A  further  gross  statewide amount for the state fiscal year two
 thousand twenty-two [and each state fiscal  year  thereafter]  shall  be
 forty million dollars.
   § 10. Subparagraph (xiii) of paragraph (a) of subdivision 7 of section
 2807-s  of  the public health law, as amended by section 12 of part Y of
 chapter 56 of the laws of 2020, is amended to read as follows:
   (xiii) twenty-three million eight hundred thirty-six thousand  dollars
 each  state  fiscal year for the period April first, two thousand twelve
 through March thirty-first, two thousand [twenty-three] TWENTY-SIX;
   § 11. Subdivision 6 of section 2807-t of the  public  health  law,  as
 amended  by  section  13 of part Y of chapter 56 of the laws of 2020, is
 amended to read as follows:
 A. 3007--B                         46
 
   6. Prospective adjustments. (a) The commissioner shall annually recon-
 cile the sum of the actual payments made  to  the  commissioner  or  the
 commissioner's designee for each region pursuant to section twenty-eight
 hundred  seven-s  of  this  article and pursuant to this section for the
 prior  year  with  the regional allocation of the gross annual statewide
 amount specified in subdivision  six  of  section  twenty-eight  hundred
 seven-s  of this article for such prior year. The difference between the
 actual amount raised for a region and the  regional  allocation  of  the
 specified  gross annual amount for such prior year shall be applied as a
 prospective adjustment to the regional allocation of the specified gross
 annual payment amount for such region for the year  next  following  the
 calculation  of  the  reconciliation. The authorized dollar value of the
 adjustments shall be the same as if calculated retrospectively.
   (b) Notwithstanding the provisions of paragraph (a) of  this  subdivi-
 sion,  for  covered  lives  assessment rate periods on and after January
 first, two thousand fifteen through December thirty-first, two  thousand
 [twenty-three]  TWENTY-ONE,  for  amounts  collected in the aggregate in
 excess of one billion forty-five million dollars on an annual basis, AND
 FOR THE PERIOD JANUARY FIRST, TWO THOUSAND TWENTY-TWO TO DECEMBER  THIR-
 TY-FIRST, TWO THOUSAND TWENTY-SIX FOR AMOUNTS COLLECTED IN THE AGGREGATE
 IN EXCESS OF ONE BILLION EIGHTY-FIVE MILLION DOLLARS ON AN ANNUAL BASIS,
 prospective  adjustments shall be suspended if the annual reconciliation
 calculation from the prior year would otherwise result in a decrease  to
 the regional allocation of the specified gross annual payment amount for
 that  region,  provided,  however,  that such suspension shall be lifted
 upon a determination by  the  commissioner,  in  consultation  with  the
 director  of  the  budget,  that sixty-five million dollars in aggregate
 collections on an annual basis over and  above  one  billion  forty-five
 million  dollars  on an annual basis FOR THE PERIOD ON AND AFTER JANUARY
 FIRST, TWO THOUSAND FIFTEEN THROUGH DECEMBER THIRTY-FIRST, TWO  THOUSAND
 TWENTY-ONE  AND FOR THE PERIOD JANUARY FIRST, TWO THOUSAND TWENTY-TWO TO
 DECEMBER THIRTY-FIRST, TWO THOUSAND TWENTY-SIX FOR AMOUNTS COLLECTED  IN
 THE AGGREGATE IN EXCESS OF ONE BILLION EIGHTY-FIVE MILLION DOLLARS ON AN
 ANNUAL  BASIS  have  been reserved and set aside for deposit in the HCRA
 resources fund. Any amounts collected in the aggregate at or  below  one
 billion  forty-five million dollars on an annual basis FOR THE PERIOD ON
 AND AFTER JANUARY FIRST, TWO THOUSAND FIFTEEN THROUGH  DECEMBER  THIRTY-
 FIRST,  TWO  THOUSAND TWENTY-TWO,  AND FOR THE PERIOD JANUARY FIRST, TWO
 THOUSAND TWENTY-THREE TO DECEMBER THIRTY-FIRST, TWO THOUSAND  TWENTY-SIX
 FOR  AMOUNTS COLLECTED IN THE AGGREGATE IN EXCESS OF ONE BILLION EIGHTY-
 FIVE MILLION DOLLARS ON AN ANNUAL BASIS, shall be  subject  to  regional
 adjustments reconciling any decreases or increases to the regional allo-
 cation in accordance with paragraph (a) of this subdivision.
   §  12.  Section 2807-v of the public health law, as amended by section
 14 of part Y of chapter 56 of the laws of 2020, is amended  to  read  as
 follows:
   § 2807-v. Tobacco  control  and  insurance  initiatives  pool distrib-
 utions.   1. Funds accumulated in  the  tobacco  control  and  insurance
 initiatives  pool or in the health care reform act (HCRA) resources fund
 established pursuant to section ninety-two-dd of the state finance  law,
 whichever  is applicable, including income from invested funds, shall be
 distributed or retained by the commissioner or by the state comptroller,
 as applicable, in accordance with the following:
   (a) Funds shall be  deposited  by  the  commissioner,  within  amounts
 appropriated,  and  the  state  comptroller  is  hereby  authorized  and
 directed to receive for deposit to  the  credit  of  the  state  special
 A. 3007--B                         47
 
 revenue  funds  -  other, HCRA transfer fund, medicaid fraud hotline and
 medicaid administration account, or any successor fund or  account,  for
 purposes  of  services  and  expenses  related to the toll-free medicaid
 fraud hotline established pursuant to section one hundred eight of chap-
 ter  one  of  the  laws of nineteen hundred ninety-nine from the tobacco
 control and insurance initiatives pool  established  for  the  following
 periods in the following amounts: four hundred thousand dollars annually
 for  the  periods  January  first, two thousand through December thirty-
 first, two thousand two, up to four hundred  thousand  dollars  for  the
 period  January first, two thousand three through December thirty-first,
 two thousand three, up to four hundred thousand dollars for  the  period
 January  first,  two  thousand  four  through December thirty-first, two
 thousand four, up to four hundred thousand dollars for the period  Janu-
 ary first, two thousand five through December thirty-first, two thousand
 five,  up to four hundred thousand dollars for the period January first,
 two thousand six through December thirty-first, two thousand six, up  to
 four hundred thousand dollars for the period January first, two thousand
 seven  through  December  thirty-first,  two  thousand seven, up to four
 hundred thousand dollars for the  period  January  first,  two  thousand
 eight  through  December  thirty-first,  two  thousand eight, up to four
 hundred thousand dollars for the period January first, two thousand nine
 through December thirty-first, two thousand nine,  up  to  four  hundred
 thousand  dollars for the period January first, two thousand ten through
 December thirty-first, two thousand ten,  up  to  one  hundred  thousand
 dollars  for the period January first, two thousand eleven through March
 thirty-first, two thousand eleven and within amounts appropriated on and
 after April first, two thousand eleven.
   (b) Funds shall be reserved and accumulated  from  year  to  year  and
 shall  be  available, including income from invested funds, for purposes
 of payment of audits or audit contracts necessary to determine payor and
 provider compliance with requirements set forth in sections twenty-eight
 hundred seven-j, twenty-eight hundred seven-s and  twenty-eight  hundred
 seven-t  of  this  article from the tobacco control and insurance initi-
 atives pool established for  the  following  periods  in  the  following
 amounts:  five  million  six  hundred  thousand dollars annually for the
 periods January first, two thousand through December  thirty-first,  two
 thousand  two,  up to five million dollars for the period January first,
 two thousand three through December thirty-first, two thousand three, up
 to five million dollars for the period January first, two thousand  four
 through  December  thirty-first,  two  thousand four, up to five million
 dollars for the period January first, two thousand five through December
 thirty-first, two thousand five, up to  five  million  dollars  for  the
 period  January  first,  two thousand six through December thirty-first,
 two thousand six, up to seven million eight hundred thousand dollars for
 the period January first, two thousand seven  through  December  thirty-
 first,  two  thousand seven, and up to eight million three hundred twen-
 ty-five thousand dollars for the  period  January  first,  two  thousand
 eight  through  December  thirty-first,  two thousand eight, up to eight
 million five hundred thousand dollars for the period January first,  two
 thousand  nine  through  December thirty-first, two thousand nine, up to
 eight million five hundred  thousand  dollars  for  the  period  January
 first, two thousand ten through December thirty-first, two thousand ten,
 up to two million one hundred twenty-five thousand dollars for the peri-
 od  January  first,  two thousand eleven through March thirty-first, two
 thousand eleven, up to fourteen million seven hundred  thousand  dollars
 each  state  fiscal year for the period April first, two thousand eleven
 A. 3007--B                         48
 
 through March thirty-first, two thousand fourteen, up to eleven  million
 one hundred thousand dollars each state fiscal year for the period April
 first,  two  thousand  fourteen through March thirty-first, two thousand
 seventeen,  up to eleven million one hundred thousand dollars each state
 fiscal year for the period April first, two thousand  seventeen  through
 March  thirty-first, two thousand twenty, [and] up to eleven million one
 hundred thousand dollars each state fiscal year  for  the  period  April
 first,  two  thousand  twenty  through  March thirty-first, two thousand
 twenty-three, AND UP TO ELEVEN MILLION ONE HUNDRED THOUSAND DOLLARS EACH
 STATE FISCAL YEAR FOR THE PERIOD APRIL FIRST, TWO THOUSAND  TWENTY-THREE
 THROUGH MARCH THIRTY-FIRST, TWO THOUSAND TWENTY-SIX.
   (c)  Funds  shall  be  deposited  by  the commissioner, within amounts
 appropriated,  and  the  state  comptroller  is  hereby  authorized  and
 directed  to  receive  for  deposit  to  the credit of the state special
 revenue funds - other, HCRA transfer fund, enhanced  community  services
 account,  or  any  successor fund or account, for mental health services
 programs for case management services for adults and children; supported
 housing; home and community based waiver services; family  based  treat-
 ment;  family support services; mobile mental health teams; transitional
 housing; and community oversight, established pursuant to articles seven
 and forty-one of the mental hygiene law and subdivision nine of  section
 three  hundred  sixty-six of the social services law; and for comprehen-
 sive care centers for eating disorders pursuant to  the  former  section
 twenty-seven  hundred  ninety-nine-l  of  this chapter, provided however
 that, for such centers, funds in the amount  of  five  hundred  thousand
 dollars  on  an  annualized basis shall be transferred from the enhanced
 community services account, or any successor fund or account, and depos-
 ited into the fund established by section  ninety-five-e  of  the  state
 finance  law;  from  the  tobacco control and insurance initiatives pool
 established for the following periods in the following amounts:
   (i) forty-eight million dollars to be reserved, to be retained or  for
 distribution  pursuant to a chapter of the laws of two thousand, for the
 period January first, two thousand through  December  thirty-first,  two
 thousand;
   (ii)  eighty-seven  million  dollars to be reserved, to be retained or
 for distribution pursuant to a chapter of the laws of two thousand  one,
 for  the period January first, two thousand one through December thirty-
 first, two thousand one;
   (iii) eighty-seven million dollars to be reserved, to be  retained  or
 for  distribution pursuant to a chapter of the laws of two thousand two,
 for the period January first, two thousand two through December  thirty-
 first, two thousand two;
   (iv)  eighty-eight  million  dollars to be reserved, to be retained or
 for distribution pursuant to a chapter  of  the  laws  of  two  thousand
 three, for the period January first, two thousand three through December
 thirty-first, two thousand three;
   (v)  eighty-eight million dollars, plus five hundred thousand dollars,
 to be reserved, to be retained or for distribution pursuant to a chapter
 of the laws of two thousand four, and pursuant  to  the  former  section
 twenty-seven hundred ninety-nine-l of this chapter, for the period Janu-
 ary first, two thousand four through December thirty-first, two thousand
 four;
   (vi) eighty-eight million dollars, plus five hundred thousand dollars,
 to be reserved, to be retained or for distribution pursuant to a chapter
 of  the  laws  of  two thousand five, and pursuant to the former section
 twenty-seven hundred ninety-nine-l of this chapter, for the period Janu-
 A. 3007--B                         49
 
 ary first, two thousand five through December thirty-first, two thousand
 five;
   (vii)   eighty-eight  million  dollars,  plus  five  hundred  thousand
 dollars, to be reserved, to be retained or for distribution pursuant  to
 a  chapter  of  the  laws  of  two  thousand six, and pursuant to former
 section twenty-seven hundred ninety-nine-l  of  this  chapter,  for  the
 period  January  first,  two thousand six through December thirty-first,
 two thousand six;
   (viii) eighty-six million four hundred  thousand  dollars,  plus  five
 hundred thousand dollars, to be reserved, to be retained or for distrib-
 ution pursuant to a chapter of the laws of two thousand seven and pursu-
 ant  to  the  former  section twenty-seven hundred ninety-nine-l of this
 chapter, for the period January first, two thousand seven through Decem-
 ber thirty-first, two thousand seven; and
   (ix) twenty-two million nine hundred thirteen thousand  dollars,  plus
 one hundred twenty-five thousand dollars, to be reserved, to be retained
 or  for  distribution  pursuant to a chapter of the laws of two thousand
 eight and pursuant to the former section  twenty-seven  hundred  ninety-
 nine-l of this chapter, for the period January first, two thousand eight
 through March thirty-first, two thousand eight.
   (d)  Funds  shall  be  deposited  by  the commissioner, within amounts
 appropriated,  and  the  state  comptroller  is  hereby  authorized  and
 directed  to  receive  for  deposit  to  the credit of the state special
 revenue funds - other, HCRA transfer fund, medical  assistance  account,
 or  any  successor  fund  or  account, for purposes of funding the state
 share of services and expenses related to the family health plus program
 including up to two and one-half million dollars annually for the period
 January first, two thousand through December thirty-first, two  thousand
 two, for administration and marketing costs associated with such program
 established  pursuant to clause (A) of subparagraph (v) of paragraph (a)
 of subdivision two of section three hundred sixty-nine-ee of the  social
 services  law  from  the  tobacco control and insurance initiatives pool
 established for the following periods in the following amounts:
   (i) three million five hundred thousand dollars for the period January
 first, two thousand through December thirty-first, two thousand;
   (ii) twenty-seven million dollars for the period  January  first,  two
 thousand one through December thirty-first, two thousand one; and
   (iii)  fifty-seven  million  dollars for the period January first, two
 thousand two through December thirty-first, two thousand two.
   (e) Funds shall be  deposited  by  the  commissioner,  within  amounts
 appropriated,  and  the  state  comptroller  is  hereby  authorized  and
 directed to receive for deposit to  the  credit  of  the  state  special
 revenue  funds  - other, HCRA transfer fund, medical assistance account,
 or any successor fund or account, for  purposes  of  funding  the  state
 share of services and expenses related to the family health plus program
 including up to two and one-half million dollars annually for the period
 January  first, two thousand through December thirty-first, two thousand
 two for administration and marketing costs associated with such  program
 established  pursuant to clause (B) of subparagraph (v) of paragraph (a)
 of subdivision two of section three hundred sixty-nine-ee of the  social
 services  law  from  the  tobacco control and insurance initiatives pool
 established for the following periods in the following amounts:
   (i) two million five hundred thousand dollars for the  period  January
 first, two thousand through December thirty-first, two thousand;
 A. 3007--B                         50
 
   (ii) thirty million five hundred thousand dollars for the period Janu-
 ary  first, two thousand one through December thirty-first, two thousand
 one; and
   (iii)  sixty-six  million  dollars  for  the period January first, two
 thousand two through December thirty-first, two thousand two.
   (f) Funds shall be  deposited  by  the  commissioner,  within  amounts
 appropriated,  and  the  state  comptroller  is  hereby  authorized  and
 directed to receive for deposit to  the  credit  of  the  state  special
 revenue  funds  -  other, HCRA transfer fund, medicaid fraud hotline and
 medicaid administration account, or any successor fund or  account,  for
 purposes of payment of administrative expenses of the department related
 to  the family health plus program established pursuant to section three
 hundred sixty-nine-ee of  the  social  services  law  from  the  tobacco
 control  and  insurance  initiatives  pool established for the following
 periods in the following amounts: five hundred thousand  dollars  on  an
 annual  basis for the periods January first, two thousand through Decem-
 ber thirty-first, two thousand six, five hundred  thousand  dollars  for
 the  period  January  first, two thousand seven through December thirty-
 first, two thousand seven, and five hundred  thousand  dollars  for  the
 period  January first, two thousand eight through December thirty-first,
 two thousand eight, five hundred thousand dollars for the period January
 first, two thousand nine through  December  thirty-first,  two  thousand
 nine,  five  hundred  thousand dollars for the period January first, two
 thousand ten  through  December  thirty-first,  two  thousand  ten,  one
 hundred  twenty-five  thousand dollars for the period January first, two
 thousand eleven through March  thirty-first,  two  thousand  eleven  and
 within amounts appropriated on and after April first, two thousand elev-
 en.
   (g)  Funds  shall  be  reserved  and accumulated from year to year and
 shall be available, including income from invested funds,  for  purposes
 of  services and expenses related to the health maintenance organization
 direct pay market program established pursuant to  sections  forty-three
 hundred  twenty-one-a and forty-three hundred twenty-two-a of the insur-
 ance law from the tobacco control and insurance initiatives pool  estab-
 lished for the following periods in the following amounts:
   (i)  up  to  thirty-five million dollars for the period January first,
 two thousand through December thirty-first, two thousand of which  fifty
 percentum  shall  be  allocated  to the program pursuant to section four
 thousand three hundred twenty-one-a  of  the  insurance  law  and  fifty
 percentum to the program pursuant to section four thousand three hundred
 twenty-two-a of the insurance law;
   (ii)  up  to  thirty-six million dollars for the period January first,
 two thousand one through December  thirty-first,  two  thousand  one  of
 which  fifty  percentum  shall  be  allocated to the program pursuant to
 section four thousand three hundred twenty-one-a of  the  insurance  law
 and  fifty  percentum  to  the program pursuant to section four thousand
 three hundred twenty-two-a of the insurance law;
   (iii) up to thirty-nine million dollars for the period January  first,
 two  thousand  two  through  December  thirty-first, two thousand two of
 which fifty percentum shall be allocated  to  the  program  pursuant  to
 section  four  thousand  three hundred twenty-one-a of the insurance law
 and fifty percentum to the program pursuant  to  section  four  thousand
 three hundred twenty-two-a of the insurance law;
   (iv)  up  to  forty  million dollars for the period January first, two
 thousand three through December  thirty-first,  two  thousand  three  of
 which  fifty  percentum  shall  be  allocated to the program pursuant to
 A. 3007--B                         51
 
 section four thousand three hundred twenty-one-a of  the  insurance  law
 and  fifty  percentum  to  the program pursuant to section four thousand
 three hundred twenty-two-a of the insurance law;
   (v)  up  to  forty  million  dollars for the period January first, two
 thousand four through December thirty-first, two thousand four of  which
 fifty  percentum  shall  be allocated to the program pursuant to section
 four thousand three hundred twenty-one-a of the insurance law and  fifty
 percentum to the program pursuant to section four thousand three hundred
 twenty-two-a of the insurance law;
   (vi)  up  to  forty  million dollars for the period January first, two
 thousand five through December thirty-first, two thousand five of  which
 fifty  percentum  shall  be allocated to the program pursuant to section
 four thousand three hundred twenty-one-a of the insurance law and  fifty
 percentum to the program pursuant to section four thousand three hundred
 twenty-two-a of the insurance law;
   (vii)  up  to  forty million dollars for the period January first, two
 thousand six through December thirty-first, two thousand  six  of  which
 fifty  percentum  shall  be allocated to the program pursuant to section
 four thousand three hundred twenty-one-a of the insurance law and  fifty
 percentum  shall  be  allocated  to the program pursuant to section four
 thousand three hundred twenty-two-a of the insurance law;
   (viii) up to forty million dollars for the period January  first,  two
 thousand  seven  through  December  thirty-first,  two thousand seven of
 which fifty percentum shall be allocated  to  the  program  pursuant  to
 section  four  thousand  three hundred twenty-one-a of the insurance law
 and fifty percentum shall  be  allocated  to  the  program  pursuant  to
 section  four  thousand three hundred twenty-two-a of the insurance law;
 and
   (ix) up to forty million dollars for the  period  January  first,  two
 thousand  eight  through  December  thirty-first,  two thousand eight of
 which fifty per centum shall be allocated to  the  program  pursuant  to
 section  four  thousand  three hundred twenty-one-a of the insurance law
 and fifty per centum shall be  allocated  to  the  program  pursuant  to
 section four thousand three hundred twenty-two-a of the insurance law.
   (h)  Funds  shall  be  reserved  and accumulated from year to year and
 shall be available, including income from invested funds,  for  purposes
 of  services  and  expenses  related  to the healthy New York individual
 program established pursuant to sections  four  thousand  three  hundred
 twenty-six and four thousand three hundred twenty-seven of the insurance
 law  from the tobacco control and insurance initiatives pool established
 for the following periods in the following amounts:
   (i) up to six million dollars for the period January first, two  thou-
 sand one through December thirty-first, two thousand one;
   (ii)  up  to twenty-nine million dollars for the period January first,
 two thousand two through December thirty-first, two thousand two;
   (iii) up to five million one hundred thousand dollars for  the  period
 January  first,  two  thousand  three through December thirty-first, two
 thousand three;
   (iv) up to twenty-four million six hundred thousand  dollars  for  the
 period  January  first, two thousand four through December thirty-first,
 two thousand four;
   (v) up to thirty-four million six hundred  thousand  dollars  for  the
 period  January  first, two thousand five through December thirty-first,
 two thousand five;
 A. 3007--B                         52
 
   (vi) up to fifty-four million eight hundred thousand dollars  for  the
 period  January  first,  two thousand six through December thirty-first,
 two thousand six;
   (vii)  up  to sixty-one million seven hundred thousand dollars for the
 period January first, two thousand seven through December  thirty-first,
 two thousand seven; and
   (viii)  up  to  one hundred three million seven hundred fifty thousand
 dollars for the period January first, two thousand eight through  Decem-
 ber thirty-first, two thousand eight.
   (i)  Funds  shall  be  reserved  and accumulated from year to year and
 shall be available, including income from invested funds,  for  purposes
 of  services  and expenses related to the healthy New York group program
 established pursuant to sections four thousand three hundred  twenty-six
 and  four  thousand three hundred twenty-seven of the insurance law from
 the tobacco control and insurance initiatives pool established  for  the
 following periods in the following amounts:
   (i)  up  to  thirty-four million dollars for the period January first,
 two thousand one through December thirty-first, two thousand one;
   (ii) up to seventy-seven million dollars for the period January first,
 two thousand two through December thirty-first, two thousand two;
   (iii) up to ten million five hundred thousand dollars for  the  period
 January  first,  two  thousand  three through December thirty-first, two
 thousand three;
   (iv) up to twenty-four million six hundred thousand  dollars  for  the
 period  January  first, two thousand four through December thirty-first,
 two thousand four;
   (v) up to thirty-four million six hundred  thousand  dollars  for  the
 period  January  first, two thousand five through December thirty-first,
 two thousand five;
   (vi) up to fifty-four million eight hundred thousand dollars  for  the
 period  January  first,  two thousand six through December thirty-first,
 two thousand six;
   (vii) up to sixty-one million seven hundred thousand dollars  for  the
 period  January first, two thousand seven through December thirty-first,
 two thousand seven; and
   (viii) up to one hundred three million seven  hundred  fifty  thousand
 dollars  for the period January first, two thousand eight through Decem-
 ber thirty-first, two thousand eight.
   (i-1) Notwithstanding the provisions of paragraphs (h) and (i) of this
 subdivision, the commissioner shall reserve and  accumulate  up  to  two
 million  five  hundred thousand dollars annually for the periods January
 first, two thousand four through  December  thirty-first,  two  thousand
 six,  one  million  four hundred thousand dollars for the period January
 first, two thousand seven through December  thirty-first,  two  thousand
 seven,  two  million  dollars for the period January first, two thousand
 eight through December thirty-first,  two  thousand  eight,  from  funds
 otherwise  available  for  distribution  under  such  paragraphs for the
 services and expenses related to the  pilot  program  for  entertainment
 industry  employees  included  in subsection (b) of section one thousand
 one hundred twenty-two of the insurance law,  and  an  additional  seven
 hundred  thousand  dollars  annually  for the periods January first, two
 thousand four through December thirty-first, two thousand six, an  addi-
 tional  three hundred thousand dollars for the period January first, two
 thousand seven through June thirtieth, two thousand seven  for  services
 and expenses related to the pilot program for displaced workers included
 A. 3007--B                         53
 
 in  subsection (c) of section one thousand one hundred twenty-two of the
 insurance law.
   (j)  Funds  shall  be  reserved  and accumulated from year to year and
 shall be available, including income from invested funds,  for  purposes
 of  services  and  expenses  related  to  the tobacco use prevention and
 control program established pursuant to sections thirteen hundred  nine-
 ty-nine-ii and thirteen hundred ninety-nine-jj of this chapter, from the
 tobacco  control  and  insurance  initiatives  pool  established for the
 following periods in the following amounts:
   (i) up to thirty million dollars for the  period  January  first,  two
 thousand through December thirty-first, two thousand;
   (ii)  up  to  forty  million dollars for the period January first, two
 thousand one through December thirty-first, two thousand one;
   (iii) up to forty million dollars for the period  January  first,  two
 thousand two through December thirty-first, two thousand two;
   (iv)  up to thirty-six million nine hundred fifty thousand dollars for
 the period January first, two thousand three  through  December  thirty-
 first, two thousand three;
   (v)  up  to thirty-six million nine hundred fifty thousand dollars for
 the period January first, two thousand  four  through  December  thirty-
 first, two thousand four;
   (vi)  up  to forty million six hundred thousand dollars for the period
 January first, two thousand  five  through  December  thirty-first,  two
 thousand five;
   (vii)  up  to eighty-one million nine hundred thousand dollars for the
 period January first, two thousand six  through  December  thirty-first,
 two thousand six, provided, however, that within amounts appropriated, a
 portion  of  such  funds  may  be transferred to the Roswell Park Cancer
 Institute Corporation to support costs associated with cancer research;
   (viii) up to ninety-four million one hundred  fifty  thousand  dollars
 for  the period January first, two thousand seven through December thir-
 ty-first, two thousand seven, provided,  however,  that  within  amounts
 appropriated,  a portion of such funds may be transferred to the Roswell
 Park Cancer Institute  Corporation  to  support  costs  associated  with
 cancer research;
   (ix)  up to ninety-four million one hundred fifty thousand dollars for
 the period January first, two thousand eight  through  December  thirty-
 first, two thousand eight;
   (x)  up  to ninety-four million one hundred fifty thousand dollars for
 the period January first, two thousand  nine  through  December  thirty-
 first, two thousand nine;
   (xi)  up  to  eighty-seven million seven hundred seventy-five thousand
 dollars for the period January first, two thousand ten through  December
 thirty-first, two thousand ten;
   (xii)  up  to  twenty-one million four hundred twelve thousand dollars
 for the period January first, two thousand eleven through March  thirty-
 first, two thousand eleven;
   (xiii) up to fifty-two million one hundred thousand dollars each state
 fiscal  year  for  the  period  April first, two thousand eleven through
 March thirty-first, two thousand fourteen;
   (xiv) up to six million dollars each state fiscal year for the  period
 April first, two thousand fourteen through March thirty-first, two thou-
 sand seventeen;
   (xv)  up  to six million dollars each state fiscal year for the period
 April first, two thousand  seventeen  through  March  thirty-first,  two
 thousand twenty; [and]
 A. 3007--B                         54
 
   (xvi)  up to six million dollars each state fiscal year for the period
 April first, two thousand twenty through March thirty-first,  two  thou-
 sand twenty-three; AND
   (XVII) UP TO SIX MILLION DOLLARS EACH STATE FISCAL YEAR FOR THE PERIOD
 APRIL  FIRST,  TWO THOUSAND TWENTY-THREE THROUGH MARCH THIRTY-FIRST, TWO
 THOUSAND TWENTY-SIX.
   (k) Funds shall be  deposited  by  the  commissioner,  within  amounts
 appropriated,  and  the  state  comptroller  is  hereby  authorized  and
 directed to receive for deposit to  the  credit  of  the  state  special
 revenue  fund - other, HCRA transfer fund, health care services account,
 or any successor fund or account, for purposes of services and  expenses
 related  to public health programs, including comprehensive care centers
 for eating disorders pursuant to the former section twenty-seven hundred
 ninety-nine-l of this chapter, provided however that, for such  centers,
 funds  in  the  amount of five hundred thousand dollars on an annualized
 basis shall be transferred from the health care services account, or any
 successor fund or account, and deposited into the  fund  established  by
 section  ninety-five-e  of  the  state  finance law for periods prior to
 March thirty-first, two thousand eleven, from the  tobacco  control  and
 insurance  initiatives pool established for the following periods in the
 following amounts:
   (i) up to thirty-one million dollars for the period January first, two
 thousand through December thirty-first, two thousand;
   (ii) up to forty-one million dollars for the period January first, two
 thousand one through December thirty-first, two thousand one;
   (iii) up to eighty-one million dollars for the period  January  first,
 two thousand two through December thirty-first, two thousand two;
   (iv)  one hundred twenty-two million five hundred thousand dollars for
 the period January first, two thousand three  through  December  thirty-
 first, two thousand three;
   (v)  one  hundred  eight  million  five  hundred seventy-five thousand
 dollars, plus an additional five hundred thousand dollars, for the peri-
 od January first, two thousand four through December  thirty-first,  two
 thousand four;
   (vi)  ninety-one million eight hundred thousand dollars, plus an addi-
 tional five hundred thousand dollars, for the period January first,  two
 thousand five through December thirty-first, two thousand five;
   (vii) one hundred fifty-six million six hundred thousand dollars, plus
 an  additional  five  hundred  thousand  dollars, for the period January
 first, two thousand six through December thirty-first, two thousand six;
   (viii) one hundred fifty-one million four  hundred  thousand  dollars,
 plus an additional five hundred thousand dollars, for the period January
 first,  two  thousand  seven through December thirty-first, two thousand
 seven;
   (ix) one hundred sixteen  million  nine  hundred  forty-nine  thousand
 dollars, plus an additional five hundred thousand dollars, for the peri-
 od  January first, two thousand eight through December thirty-first, two
 thousand eight;
   (x) one hundred  sixteen  million  nine  hundred  forty-nine  thousand
 dollars, plus an additional five hundred thousand dollars, for the peri-
 od  January  first, two thousand nine through December thirty-first, two
 thousand nine;
   (xi) one hundred sixteen  million  nine  hundred  forty-nine  thousand
 dollars, plus an additional five hundred thousand dollars, for the peri-
 od  January  first,  two thousand ten through December thirty-first, two
 thousand ten;
 A. 3007--B                         55
 
   (xii)  twenty-nine  million  two  hundred  thirty-seven  thousand  two
 hundred  fifty dollars, plus an additional one hundred twenty-five thou-
 sand dollars, for the period January first, two thousand eleven  through
 March thirty-first, two thousand eleven;
   (xiii)  one  hundred  twenty million thirty-eight thousand dollars for
 the period April first, two thousand eleven through March  thirty-first,
 two thousand twelve; and
   (xiv) one hundred nineteen million four hundred seven thousand dollars
 each  state  fiscal year for the period April first, two thousand twelve
 through March thirty-first, two thousand fourteen.
   (l) Funds shall be  deposited  by  the  commissioner,  within  amounts
 appropriated,  and  the  state  comptroller  is  hereby  authorized  and
 directed to receive for deposit to  the  credit  of  the  state  special
 revenue  funds  - other, HCRA transfer fund, medical assistance account,
 or any successor fund or account, for  purposes  of  funding  the  state
 share  of the personal care and certified home health agency rate or fee
 increases established pursuant to subdivision  three  of  section  three
 hundred  sixty-seven-o  of  the  social  services  law  from the tobacco
 control and insurance initiatives pool  established  for  the  following
 periods in the following amounts:
   (i)  twenty-three  million two hundred thousand dollars for the period
 January first, two thousand through December thirty-first, two thousand;
   (ii) twenty-three million two hundred thousand dollars for the  period
 January first, two thousand one through December thirty-first, two thou-
 sand one;
   (iii) twenty-three million two hundred thousand dollars for the period
 January first, two thousand two through December thirty-first, two thou-
 sand two;
   (iv)  up  to  sixty-five  million two hundred thousand dollars for the
 period January first, two thousand three through December  thirty-first,
 two thousand three;
   (v)  up  to  sixty-five  million  two hundred thousand dollars for the
 period January first, two thousand four through  December  thirty-first,
 two thousand four;
   (vi)  up  to  sixty-five  million two hundred thousand dollars for the
 period January first, two thousand five through  December  thirty-first,
 two thousand five;
   (vii)  up  to  sixty-five million two hundred thousand dollars for the
 period January first, two thousand six  through  December  thirty-first,
 two thousand six;
   (viii)  up  to sixty-five million two hundred thousand dollars for the
 period January first, two thousand seven through December  thirty-first,
 two thousand seven; and
   (ix)  up  to  sixteen  million  three hundred thousand dollars for the
 period January first, two thousand eight through March thirty-first, two
 thousand eight.
   (m) Funds shall be  deposited  by  the  commissioner,  within  amounts
 appropriated,  and  the  state  comptroller  is  hereby  authorized  and
 directed to receive for deposit to  the  credit  of  the  state  special
 revenue  funds  - other, HCRA transfer fund, medical assistance account,
 or any successor fund or account, for  purposes  of  funding  the  state
 share  of  services  and expenses related to home care workers insurance
 pilot demonstration programs established pursuant to subdivision two  of
 section  three hundred sixty-seven-o of the social services law from the
 tobacco control and  insurance  initiatives  pool  established  for  the
 following periods in the following amounts:
 A. 3007--B                         56
 
   (i)  three million eight hundred thousand dollars for the period Janu-
 ary first, two thousand through December thirty-first, two thousand;
   (ii) three million eight hundred thousand dollars for the period Janu-
 ary  first, two thousand one through December thirty-first, two thousand
 one;
   (iii) three million eight hundred  thousand  dollars  for  the  period
 January first, two thousand two through December thirty-first, two thou-
 sand two;
   (iv) up to three million eight hundred thousand dollars for the period
 January  first,  two  thousand  three through December thirty-first, two
 thousand three;
   (v) up to three million eight hundred thousand dollars for the  period
 January  first,  two  thousand  four  through December thirty-first, two
 thousand four;
   (vi) up to three million eight hundred thousand dollars for the period
 January first, two thousand  five  through  December  thirty-first,  two
 thousand five;
   (vii) up to three million eight hundred thousand dollars for the peri-
 od  January  first,  two thousand six through December thirty-first, two
 thousand six;
   (viii) up to three million eight  hundred  thousand  dollars  for  the
 period  January first, two thousand seven through December thirty-first,
 two thousand seven; and
   (ix) up to nine hundred fifty thousand dollars for the period  January
 first,  two  thousand  eight  through  March  thirty-first, two thousand
 eight.
   (n) Funds shall be transferred by the commissioner and shall be depos-
 ited to the credit of the special revenue funds -  other,  miscellaneous
 special  revenue  fund  - 339, elderly pharmaceutical insurance coverage
 program premium account authorized pursuant to the provisions  of  title
 three of article two of the elder law, or any successor fund or account,
 for  funding  state  expenses  relating  to the program from the tobacco
 control and insurance initiatives pool  established  for  the  following
 periods in the following amounts:
   (i)  one  hundred  seven million dollars for the period January first,
 two thousand through December thirty-first, two thousand;
   (ii) one hundred sixty-four million dollars  for  the  period  January
 first, two thousand one through December thirty-first, two thousand one;
   (iii)  three hundred twenty-two million seven hundred thousand dollars
 for the period January first, two thousand two through December  thirty-
 first, two thousand two;
   (iv)  four hundred thirty-three million three hundred thousand dollars
 for the period January first, two thousand three through December  thir-
 ty-first, two thousand three;
   (v)  five  hundred four million one hundred fifty thousand dollars for
 the period January first, two thousand  four  through  December  thirty-
 first, two thousand four;
   (vi) five hundred sixty-six million eight hundred thousand dollars for
 the  period  January  first,  two thousand five through December thirty-
 first, two thousand five;
   (vii) six hundred three million one hundred fifty thousand dollars for
 the period January first, two  thousand  six  through  December  thirty-
 first, two thousand six;
   (viii)  six  hundred  sixty million eight hundred thousand dollars for
 the period January first, two thousand seven  through  December  thirty-
 first, two thousand seven;
 A. 3007--B                         57
 
   (ix)  three hundred sixty-seven million four hundred sixty-three thou-
 sand dollars for the period January first, two  thousand  eight  through
 December thirty-first, two thousand eight;
   (x)  three hundred thirty-four million eight hundred twenty-five thou-
 sand dollars for the period January first,  two  thousand  nine  through
 December thirty-first, two thousand nine;
   (xi)  three  hundred  forty-four million nine hundred thousand dollars
 for the period January first, two thousand ten through December  thirty-
 first, two thousand ten;
   (xii) eighty-seven million seven hundred eighty-eight thousand dollars
 for  the period January first, two thousand eleven through March thirty-
 first, two thousand eleven;
   (xiii) one hundred forty-three  million  one  hundred  fifty  thousand
 dollars  for  the  period April first, two thousand eleven through March
 thirty-first, two thousand twelve;
   (xiv) one hundred twenty million nine hundred fifty  thousand  dollars
 for  the  period  April first, two thousand twelve through March thirty-
 first, two thousand thirteen;
   (xv) one hundred twenty-eight million  eight  hundred  fifty  thousand
 dollars  for the period April first, two thousand thirteen through March
 thirty-first, two thousand fourteen;
   (xvi) one hundred twenty-seven million four hundred  sixteen  thousand
 dollars  each state fiscal year for the period April first, two thousand
 fourteen through March thirty-first, two thousand seventeen;
   (xvii) one hundred twenty-seven million four hundred sixteen  thousand
 dollars  each state fiscal year for the period April first, two thousand
 seventeen through March thirty-first, two thousand twenty; [and]
   (xviii) one hundred twenty-seven million four hundred sixteen thousand
 dollars each state fiscal year for the period April first, two  thousand
 twenty through March thirty-first, two thousand twenty-three; AND
   (XIX)  ONE  HUNDRED TWENTY-SEVEN MILLION FOUR HUNDRED SIXTEEN THOUSAND
 DOLLARS EACH STATE FISCAL YEAR FOR THE PERIOD APRIL FIRST, TWO  THOUSAND
 TWENTY-THREE THROUGH MARCH THIRTY-FIRST, TWO THOUSAND TWENTY-SIX.
   (o)  Funds  shall be reserved and accumulated and shall be transferred
 to the Roswell Park  Cancer  Institute  Corporation,  from  the  tobacco
 control  and  insurance  initiatives  pool established for the following
 periods in the following amounts:
   (i) up to ninety million dollars for the  period  January  first,  two
 thousand through December thirty-first, two thousand;
   (ii)  up  to  sixty  million dollars for the period January first, two
 thousand one through December thirty-first, two thousand one;
   (iii) up to eighty-five million dollars for the period January  first,
 two thousand two through December thirty-first, two thousand two;
   (iv)  eighty-five  million  two hundred fifty thousand dollars for the
 period January first, two thousand three through December  thirty-first,
 two thousand three;
   (v)  seventy-eight  million  dollars for the period January first, two
 thousand four through December thirty-first, two thousand four;
   (vi) seventy-eight million dollars for the period January  first,  two
 thousand five through December thirty-first, two thousand five;
   (vii)  ninety-one  million  dollars  for the period January first, two
 thousand six through December thirty-first, two thousand six;
   (viii) seventy-eight million dollars for the period January first, two
 thousand seven through December thirty-first, two thousand seven;
   (ix) seventy-eight million dollars for the period January  first,  two
 thousand eight through December thirty-first, two thousand eight;
 A. 3007--B                         58
 
   (x)  seventy-eight  million  dollars for the period January first, two
 thousand nine through December thirty-first, two thousand nine;
   (xi)  seventy-eight  million dollars for the period January first, two
 thousand ten through December thirty-first, two thousand ten;
   (xii) nineteen million five hundred thousand dollars  for  the  period
 January first, two thousand eleven through March thirty-first, two thou-
 sand eleven;
   (xiii)  sixty-nine  million  eight hundred forty thousand dollars each
 state fiscal year for  the  period  April  first,  two  thousand  eleven
 through March thirty-first, two thousand fourteen;
   (xiv) up to ninety-six million six hundred thousand dollars each state
 fiscal  year  for  the period April first, two thousand fourteen through
 March thirty-first, two thousand seventeen;
   (xv) up to ninety-six million six hundred thousand dollars each  state
 fiscal  year  for the period April first, two thousand seventeen through
 March thirty-first, two thousand twenty; [and]
   (xvi) up to ninety-six million six hundred thousand dollars each state
 fiscal year for the period April  first,  two  thousand  twenty  through
 March thirty-first, two thousand twenty-three; AND
   (XVII)  UP  TO  NINETY-SIX  MILLION  SIX HUNDRED THOUSAND DOLLARS EACH
 STATE FISCAL YEAR FOR THE PERIOD APRIL FIRST, TWO THOUSAND  TWENTY-THREE
 THROUGH MARCH THIRTY-FIRST, TWO THOUSAND TWENTY-SIX.
   (p)  Funds  shall  be  deposited  by  the commissioner, within amounts
 appropriated,  and  the  state  comptroller  is  hereby  authorized  and
 directed  to  receive  for  deposit  to  the credit of the state special
 revenue funds - other, indigent care fund - 068, indigent care  account,
 or  any  successor fund or account, for purposes of providing a medicaid
 disproportionate share payment from the high need indigent care  adjust-
 ment  pool  established pursuant to section twenty-eight hundred seven-w
 of this article, from the tobacco control and insurance initiatives pool
 established for the following periods in the following amounts:
   (i) eighty-two million dollars annually for the periods January first,
 two thousand through December thirty-first, two thousand two;
   (ii) up to eighty-two million dollars for the  period  January  first,
 two thousand three through December thirty-first, two thousand three;
   (iii)  up  to eighty-two million dollars for the period January first,
 two thousand four through December thirty-first, two thousand four;
   (iv) up to eighty-two million dollars for the  period  January  first,
 two thousand five through December thirty-first, two thousand five;
   (v) up to eighty-two million dollars for the period January first, two
 thousand six through December thirty-first, two thousand six;
   (vi)  up  to  eighty-two million dollars for the period January first,
 two thousand seven through December thirty-first, two thousand seven;
   (vii) up to eighty-two million dollars for the period  January  first,
 two thousand eight through December thirty-first, two thousand eight;
   (viii)  up to eighty-two million dollars for the period January first,
 two thousand nine through December thirty-first, two thousand nine;
   (ix) up to eighty-two million dollars for the  period  January  first,
 two thousand ten through December thirty-first, two thousand ten;
   (x)  up to twenty million five hundred thousand dollars for the period
 January first, two thousand eleven through March thirty-first, two thou-
 sand eleven; and
   (xi) up to eighty-two million dollars each state fiscal year  for  the
 period  April first, two thousand eleven through March thirty-first, two
 thousand fourteen.
 A. 3007--B                         59
 
   (q) Funds shall be reserved and accumulated  from  year  to  year  and
 shall  be  available, including income from invested funds, for purposes
 of providing distributions  to  eligible  school  based  health  centers
 established  pursuant to section eighty-eight of chapter one of the laws
 of  nineteen hundred ninety-nine, from the tobacco control and insurance
 initiatives pool established for the following periods in the  following
 amounts:
   (i)  seven  million dollars annually for the period January first, two
 thousand through December thirty-first, two thousand two;
   (ii) up to seven million dollars for the  period  January  first,  two
 thousand three through December thirty-first, two thousand three;
   (iii)  up  to  seven million dollars for the period January first, two
 thousand four through December thirty-first, two thousand four;
   (iv) up to seven million dollars for the  period  January  first,  two
 thousand five through December thirty-first, two thousand five;
   (v)  up  to  seven  million  dollars for the period January first, two
 thousand six through December thirty-first, two thousand six;
   (vi) up to seven million dollars for the  period  January  first,  two
 thousand seven through December thirty-first, two thousand seven;
   (vii)  up  to  seven million dollars for the period January first, two
 thousand eight through December thirty-first, two thousand eight;
   (viii) up to seven million dollars for the period January  first,  two
 thousand nine through December thirty-first, two thousand nine;
   (ix)  up  to  seven  million dollars for the period January first, two
 thousand ten through December thirty-first, two thousand ten;
   (x) up to one million seven hundred fifty  thousand  dollars  for  the
 period  January  first,  two thousand eleven through March thirty-first,
 two thousand eleven;
   (xi) up to five million six hundred thousand dollars each state fiscal
 year for the period April first, two thousand eleven through March thir-
 ty-first, two thousand fourteen;
   (xii) up to five million two  hundred  eighty-eight  thousand  dollars
 each state fiscal year for the period April first, two thousand fourteen
 through March thirty-first, two thousand seventeen;
   (xiii)  up  to  five million two hundred eighty-eight thousand dollars
 each state fiscal year for the period April first, two  thousand  seven-
 teen through March thirty-first, two thousand twenty; [and]
   (xiv)  up  to  five  million two hundred eighty-eight thousand dollars
 each state fiscal year for the period April first, two  thousand  twenty
 through March thirty-first, two thousand twenty-three; AND
   (XV) UP TO FIVE MILLION TWO HUNDRED EIGHTY-EIGHT THOUSAND DOLLARS EACH
 STATE  FISCAL YEAR FOR THE PERIOD APRIL FIRST, TWO THOUSAND TWENTY-THREE
 THROUGH MARCH THIRTY-FIRST, TWO THOUSAND TWENTY-SIX.
   (r) Funds shall be deposited by the commissioner within amounts appro-
 priated, and the state comptroller is hereby authorized and directed  to
 receive  for  deposit to the credit of the state special revenue funds -
 other, HCRA transfer fund, medical assistance account, or any  successor
 fund  or account, for purposes of providing distributions for supplemen-
 tary  medical  insurance  for  Medicare  part  B  premiums,   physicians
 services,  outpatient  services,  medical  equipment, supplies and other
 health services, from the tobacco control and insurance initiatives pool
 established for the following periods in the following amounts:
   (i) forty-three million dollars for  the  period  January  first,  two
 thousand through December thirty-first, two thousand;
   (ii) sixty-one million dollars for the period January first, two thou-
 sand one through December thirty-first, two thousand one;
 A. 3007--B                         60
 
   (iii)  sixty-five  million  dollars  for the period January first, two
 thousand two through December thirty-first, two thousand two;
   (iv)  sixty-seven million five hundred thousand dollars for the period
 January first, two thousand three  through  December  thirty-first,  two
 thousand three;
   (v)  sixty-eight  million  dollars  for  the period January first, two
 thousand four through December thirty-first, two thousand four;
   (vi) sixty-eight million dollars for the  period  January  first,  two
 thousand five through December thirty-first, two thousand five;
   (vii)  sixty-eight  million  dollars for the period January first, two
 thousand six through December thirty-first, two thousand six;
   (viii) seventeen million five hundred thousand dollars for the  period
 January  first,  two  thousand  seven through December thirty-first, two
 thousand seven;
   (ix) sixty-eight million dollars for the  period  January  first,  two
 thousand eight through December thirty-first, two thousand eight;
   (x)  sixty-eight  million  dollars  for  the period January first, two
 thousand nine through December thirty-first, two thousand nine;
   (xi) sixty-eight million dollars for the  period  January  first,  two
 thousand ten through December thirty-first, two thousand ten;
   (xii)  seventeen  million  dollars  for  the period January first, two
 thousand eleven through March thirty-first, two thousand eleven; and
   (xiii) sixty-eight million dollars each  state  fiscal  year  for  the
 period  April first, two thousand eleven through March thirty-first, two
 thousand fourteen.
   (s) Funds shall be deposited by the commissioner within amounts appro-
 priated, and the state comptroller is hereby authorized and directed  to
 receive  for  deposit to the credit of the state special revenue funds -
 other, HCRA transfer fund, medical assistance account, or any  successor
 fund  or  account,  for  purposes of providing distributions pursuant to
 paragraphs (s-5), (s-6),  (s-7)  and  (s-8)  of  subdivision  eleven  of
 section  twenty-eight  hundred  seven-c of this article from the tobacco
 control and insurance initiatives pool  established  for  the  following
 periods in the following amounts:
   (i)  eighteen  million dollars for the period January first, two thou-
 sand through December thirty-first, two thousand;
   (ii) twenty-four million dollars  annually  for  the  periods  January
 first, two thousand one through December thirty-first, two thousand two;
   (iii)  up to twenty-four million dollars for the period January first,
 two thousand three through December thirty-first, two thousand three;
   (iv) up to twenty-four million dollars for the period  January  first,
 two thousand four through December thirty-first, two thousand four;
   (v)  up  to  twenty-four million dollars for the period January first,
 two thousand five through December thirty-first, two thousand five;
   (vi) up to twenty-four million dollars for the period  January  first,
 two thousand six through December thirty-first, two thousand six;
   (vii)  up to twenty-four million dollars for the period January first,
 two thousand seven through December thirty-first, two thousand seven;
   (viii) up to twenty-four million dollars for the period January first,
 two thousand eight through December thirty-first,  two  thousand  eight;
 and
   (ix)  up  to  twenty-two million dollars for the period January first,
 two thousand nine through November thirtieth, two thousand nine.
   (t) Funds shall be reserved and accumulated from year to year  by  the
 commissioner and shall be made available, including income from invested
 funds:
 A. 3007--B                         61
 
   (i)  For  the  purpose  of making grants to a state owned and operated
 medical school which does not have a state owned and  operated  hospital
 on  site  and  available for teaching purposes. Notwithstanding sections
 one hundred twelve and one hundred sixty-three of the state finance law,
 such  grants  shall be made in the amount of up to five hundred thousand
 dollars for the period January  first,  two  thousand  through  December
 thirty-first, two thousand;
   (ii)  For  the purpose of making grants to medical schools pursuant to
 section eighty-six-a of chapter one of  the  laws  of  nineteen  hundred
 ninety-nine  in  the  sum  of  up to four million dollars for the period
 January first, two thousand through December thirty-first, two thousand;
 and
   (iii) The funds disbursed pursuant to subparagraphs (i)  and  (ii)  of
 this  paragraph  from the tobacco control and insurance initiatives pool
 are contingent upon meeting all funding amounts established pursuant  to
 paragraphs  (a),  (b),  (c), (d), (e), (f), (l), (m), (n), (p), (q), (r)
 and (s) of this  subdivision,  paragraph  (a)  of  subdivision  nine  of
 section  twenty-eight  hundred  seven-j  of this article, and paragraphs
 (a), (i) and (k) of subdivision  one  of  section  twenty-eight  hundred
 seven-l of this article.
   (u)  Funds  shall  be  deposited  by  the commissioner, within amounts
 appropriated,  and  the  state  comptroller  is  hereby  authorized  and
 directed  to  receive  for  deposit  to  the credit of the state special
 revenue funds - other, HCRA transfer fund, medical  assistance  account,
 or  any  successor  fund  or  account, for purposes of funding the state
 share of services and expenses  related  to  the  nursing  home  quality
 improvement  demonstration program established pursuant to section twen-
 ty-eight hundred eight-d of this article from the  tobacco  control  and
 insurance  initiatives pool established for the following periods in the
 following amounts:
   (i) up to twenty-five million dollars for the period  beginning  April
 first,  two  thousand two and ending December thirty-first, two thousand
 two, and on an annualized  basis,  for  each  annual  period  thereafter
 beginning  January first, two thousand three and ending December thirty-
 first, two thousand four;
   (ii) up to eighteen million seven hundred fifty thousand  dollars  for
 the  period  January  first,  two thousand five through December thirty-
 first, two thousand five; and
   (iii) up to fifty-six million five hundred thousand  dollars  for  the
 period  January  first,  two thousand six through December thirty-first,
 two thousand six.
   (v) Funds shall be transferred by the commissioner and shall be depos-
 ited to the credit of the hospital excess liability pool created  pursu-
 ant  to section eighteen of chapter two hundred sixty-six of the laws of
 nineteen hundred eighty-six, or  any  successor  fund  or  account,  for
 purposes  of expenses related to the purchase of excess medical malprac-
 tice insurance and the cost of administrating the pool, including  costs
 associated  with  the  risk  management  program established pursuant to
 section forty-two of part A of chapter one of the laws of  two  thousand
 two  required by paragraph (a) of subdivision one of section eighteen of
 chapter two hundred sixty-six of the laws of nineteen hundred eighty-six
 as may be amended from time to time, from the tobacco control and insur-
 ance initiatives pool established  for  the  following  periods  in  the
 following amounts:
 A. 3007--B                         62
 
   (i) up to fifty million dollars or so much as is needed for the period
 January first, two thousand two through December thirty-first, two thou-
 sand two;
   (ii)  up to seventy-six million seven hundred thousand dollars for the
 period January first, two thousand three through December  thirty-first,
 two thousand three;
   (iii)  up  to sixty-five million dollars for the period January first,
 two thousand four through December thirty-first, two thousand four;
   (iv) up to sixty-five million dollars for the  period  January  first,
 two thousand five through December thirty-first, two thousand five;
   (v)  up to one hundred thirteen million eight hundred thousand dollars
 for the period January first, two thousand six through December  thirty-
 first, two thousand six;
   (vi)  up  to one hundred thirty million dollars for the period January
 first, two thousand seven through December  thirty-first,  two  thousand
 seven;
   (vii)  up to one hundred thirty million dollars for the period January
 first, two thousand eight through December  thirty-first,  two  thousand
 eight;
   (viii) up to one hundred thirty million dollars for the period January
 first,  two  thousand  nine  through December thirty-first, two thousand
 nine;
   (ix) up to one hundred thirty million dollars for the  period  January
 first, two thousand ten through December thirty-first, two thousand ten;
   (x)  up  to  thirty-two  million five hundred thousand dollars for the
 period January first, two thousand eleven  through  March  thirty-first,
 two thousand eleven;
   (xi)  up  to  one  hundred  twenty-seven million four hundred thousand
 dollars each state fiscal year for the period April first, two  thousand
 eleven through March thirty-first, two thousand fourteen;
   (xii)  up  to  one  hundred twenty-seven million four hundred thousand
 dollars each state fiscal year for the period April first, two  thousand
 fourteen through March thirty-first, two thousand seventeen;
   (xiii)  up  to  one hundred twenty-seven million four hundred thousand
 dollars each state fiscal year for the period April first, two  thousand
 seventeen through March thirty-first, two thousand twenty; [and]
   (xiv)  up  to  one  hundred twenty-seven million four hundred thousand
 dollars each state fiscal year for the period April first, two  thousand
 twenty through March thirty-first, two thousand twenty-three; AND
   (XV)  UP  TO  ONE  HUNDRED  TWENTY-SEVEN MILLION FOUR HUNDRED THOUSAND
 DOLLARS EACH STATE FISCAL YEAR FOR THE PERIOD APRIL FIRST, TWO  THOUSAND
 TWENTY-THREE THROUGH MARCH THIRTY-FIRST, TWO THOUSAND TWENTY-SIX.
   (w)  Funds  shall  be  deposited  by  the commissioner, within amounts
 appropriated,  and  the  state  comptroller  is  hereby  authorized  and
 directed  to  receive  for  deposit  to  the credit of the state special
 revenue funds - other, HCRA transfer fund, medical  assistance  account,
 or  any  successor  fund  or  account, for purposes of funding the state
 share of the treatment of breast and cervical cancer pursuant  to  para-
 graph  (d) of subdivision four of section three hundred sixty-six of the
 social services law, from the tobacco control and insurance  initiatives
 pool established for the following periods in the following amounts:
   (i)  up  to four hundred fifty thousand dollars for the period January
 first, two thousand two through December thirty-first, two thousand two;
   (ii) up to two million one hundred thousand  dollars  for  the  period
 January  first,  two  thousand  three through December thirty-first, two
 thousand three;
 A. 3007--B                         63
 
   (iii) up to two million one hundred thousand dollars  for  the  period
 January  first,  two  thousand  four  through December thirty-first, two
 thousand four;
   (iv)  up  to  two  million one hundred thousand dollars for the period
 January first, two thousand  five  through  December  thirty-first,  two
 thousand five;
   (v)  up  to  two  million  one hundred thousand dollars for the period
 January first, two thousand six through December thirty-first, two thou-
 sand six;
   (vi) up to two million one hundred thousand  dollars  for  the  period
 January  first,  two  thousand  seven through December thirty-first, two
 thousand seven;
   (vii) up to two million one hundred thousand dollars  for  the  period
 January  first,  two  thousand  eight through December thirty-first, two
 thousand eight;
   (viii) up to two million one hundred thousand dollars for  the  period
 January  first,  two  thousand  nine  through December thirty-first, two
 thousand nine;
   (ix) up to two million one hundred thousand  dollars  for  the  period
 January first, two thousand ten through December thirty-first, two thou-
 sand ten;
   (x)  up  to  five  hundred twenty-five thousand dollars for the period
 January first, two thousand eleven through March thirty-first, two thou-
 sand eleven;
   (xi) up to two million one hundred thousand dollars each state  fiscal
 year for the period April first, two thousand eleven through March thir-
 ty-first, two thousand fourteen;
   (xii) up to two million one hundred thousand dollars each state fiscal
 year  for  the  period  April first, two thousand fourteen through March
 thirty-first, two thousand seventeen;
   (xiii) up to two million  one  hundred  thousand  dollars  each  state
 fiscal  year  for the period April first, two thousand seventeen through
 March thirty-first, two thousand twenty; [and]
   (xiv) up to two million one hundred thousand dollars each state fiscal
 year for the period April first, two thousand twenty through March thir-
 ty-first, two thousand twenty-three; AND
   (XV) UP TO TWO MILLION ONE HUNDRED THOUSAND DOLLARS EACH STATE  FISCAL
 YEAR FOR THE PERIOD APRIL FIRST, TWO THOUSAND TWENTY-THREE THROUGH MARCH
 THIRTY-FIRST, TWO THOUSAND TWENTY-SIX.
   (x)  Funds  shall  be  deposited  by  the commissioner, within amounts
 appropriated,  and  the  state  comptroller  is  hereby  authorized  and
 directed  to  receive  for  deposit  to  the credit of the state special
 revenue funds - other, HCRA transfer fund, medical  assistance  account,
 or  any  successor  fund  or  account, for purposes of funding the state
 share of the non-public general hospital rates increases for recruitment
 and retention of health care workers from the tobacco control and insur-
 ance initiatives pool established  for  the  following  periods  in  the
 following amounts:
   (i) twenty-seven million one hundred thousand dollars on an annualized
 basis  for  the  period January first, two thousand two through December
 thirty-first, two thousand two;
   (ii) fifty million eight hundred thousand  dollars  on  an  annualized
 basis  for the period January first, two thousand three through December
 thirty-first, two thousand three;
 A. 3007--B                         64
 
   (iii) sixty-nine million three hundred thousand dollars on an  annual-
 ized  basis  for  the  period  January  first, two thousand four through
 December thirty-first, two thousand four;
   (iv)  sixty-nine million three hundred thousand dollars for the period
 January first, two thousand  five  through  December  thirty-first,  two
 thousand five;
   (v)  sixty-nine  million three hundred thousand dollars for the period
 January first, two thousand six through December thirty-first, two thou-
 sand six;
   (vi) sixty-five million three hundred thousand dollars for the  period
 January  first,  two  thousand  seven through December thirty-first, two
 thousand seven;
   (vii) sixty-one million one hundred fifty  thousand  dollars  for  the
 period  January first, two thousand eight through December thirty-first,
 two thousand eight; and
   (viii) forty-eight million seven hundred twenty-one  thousand  dollars
 for the period January first, two thousand nine through November thirti-
 eth, two thousand nine.
   (y)  Funds  shall  be  reserved  and accumulated from year to year and
 shall be available, including income from invested funds,  for  purposes
 of  grants  to public general hospitals for recruitment and retention of
 health care workers pursuant to paragraph (b) of subdivision  thirty  of
 section  twenty-eight  hundred  seven-c of this article from the tobacco
 control and insurance initiatives pool  established  for  the  following
 periods in the following amounts:
   (i)  eighteen  million  five hundred thousand dollars on an annualized
 basis for the period January first, two thousand  two  through  December
 thirty-first, two thousand two;
   (ii)  thirty-seven million four hundred thousand dollars on an annual-
 ized basis for the period January  first,  two  thousand  three  through
 December thirty-first, two thousand three;
   (iii)  fifty-two million two hundred thousand dollars on an annualized
 basis for the period January first, two thousand four  through  December
 thirty-first, two thousand four;
   (iv)  fifty-two  million  two  hundred thousand dollars for the period
 January first, two thousand  five  through  December  thirty-first,  two
 thousand five;
   (v)  fifty-two  million  two  hundred  thousand dollars for the period
 January first, two thousand six through December thirty-first, two thou-
 sand six;
   (vi) forty-nine million dollars for  the  period  January  first,  two
 thousand seven through December thirty-first, two thousand seven;
   (vii)  forty-nine  million  dollars  for the period January first, two
 thousand eight through December thirty-first, two thousand eight; and
   (viii) twelve million two hundred fifty thousand dollars for the peri-
 od January first, two thousand  nine  through  March  thirty-first,  two
 thousand nine.
   Provided,  however,  amounts pursuant to this paragraph may be reduced
 in an amount to be approved by the director of  the  budget  to  reflect
 amounts  received  from  the  federal  government under the state's 1115
 waiver which are directed under its terms and conditions to  the  health
 workforce recruitment and retention program.
   (z)  Funds  shall  be  deposited  by  the commissioner, within amounts
 appropriated,  and  the  state  comptroller  is  hereby  authorized  and
 directed  to  receive  for  deposit  to  the credit of the state special
 revenue funds - other, HCRA transfer fund, medical  assistance  account,
 A. 3007--B                         65
 
 or  any  successor  fund  or  account, for purposes of funding the state
 share of the non-public residential health care facility rate  increases
 for  recruitment  and retention of health care workers pursuant to para-
 graph  (a) of subdivision eighteen of section twenty-eight hundred eight
 of this article from the tobacco control and insurance initiatives  pool
 established for the following periods in the following amounts:
   (i)  twenty-one million five hundred thousand dollars on an annualized
 basis for the period January first, two thousand  two  through  December
 thirty-first, two thousand two;
   (ii) thirty-three million three hundred thousand dollars on an annual-
 ized  basis  for  the  period  January first, two thousand three through
 December thirty-first, two thousand three;
   (iii) forty-six million three hundred thousand dollars on  an  annual-
 ized  basis  for  the  period  January  first, two thousand four through
 December thirty-first, two thousand four;
   (iv) forty-six million three hundred thousand dollars for  the  period
 January  first,  two  thousand  five  through December thirty-first, two
 thousand five;
   (v) forty-six million three hundred thousand dollars  for  the  period
 January first, two thousand six through December thirty-first, two thou-
 sand six;
   (vi) thirty million nine hundred thousand dollars for the period Janu-
 ary  first,  two thousand seven through December thirty-first, two thou-
 sand seven;
   (vii) twenty-four million seven hundred thousand dollars for the peri-
 od January first, two thousand eight through December thirty-first,  two
 thousand eight;
   (viii)  twelve million three hundred seventy-five thousand dollars for
 the period January first, two thousand  nine  through  December  thirty-
 first, two thousand nine;
   (ix)  nine million three hundred thousand dollars for the period Janu-
 ary first, two thousand ten through December thirty-first, two  thousand
 ten; and
   (x)  two  million  three  hundred twenty-five thousand dollars for the
 period January first, two thousand eleven  through  March  thirty-first,
 two thousand eleven.
   (aa)  Funds  shall  be  reserved and accumulated from year to year and
 shall be available, including income from invested funds,  for  purposes
 of  grants  to public residential health care facilities for recruitment
 and retention of health care workers pursuant to paragraph (b) of subdi-
 vision eighteen of section twenty-eight hundred eight  of  this  article
 from  the tobacco control and insurance initiatives pool established for
 the following periods in the following amounts:
   (i) seven million five hundred thousand dollars on an annualized basis
 for the period January first, two thousand two through December  thirty-
 first, two thousand two;
   (ii)  eleven  million  seven hundred thousand dollars on an annualized
 basis for the period January first, two thousand three through  December
 thirty-first, two thousand three;
   (iii)  sixteen  million  two hundred thousand dollars on an annualized
 basis for the period January first, two thousand four  through  December
 thirty-first, two thousand four;
   (iv) sixteen million two hundred thousand dollars for the period Janu-
 ary first, two thousand five through December thirty-first, two thousand
 five;
 A. 3007--B                         66
 
   (v)  sixteen million two hundred thousand dollars for the period Janu-
 ary first, two thousand six through December thirty-first, two  thousand
 six;
   (vi) ten million eight hundred thousand dollars for the period January
 first,  two  thousand  seven through December thirty-first, two thousand
 seven;
   (vii) six million seven hundred fifty thousand dollars for the  period
 January  first,  two  thousand  eight through December thirty-first, two
 thousand eight; and
   (viii) one million three hundred fifty thousand dollars for the period
 January first, two thousand  nine  through  December  thirty-first,  two
 thousand nine.
   (bb)(i)  Funds  shall be deposited by the commissioner, within amounts
 appropriated, and subject  to  the  availability  of  federal  financial
 participation,  and  the  state  comptroller  is  hereby  authorized and
 directed to receive for deposit to  the  credit  of  the  state  special
 revenue  funds  - other, HCRA transfer fund, medical assistance account,
 or any successor fund or account, for  the  purpose  of  supporting  the
 state  share  of  adjustments  to Medicaid rates of payment for personal
 care services provided pursuant to paragraph (e) of subdivision  two  of
 section three hundred sixty-five-a of the social services law, for local
 social  service districts which include a city with a population of over
 one million persons and computed  and  distributed  in  accordance  with
 memorandums of understanding to be entered into between the state of New
 York and such local social service districts for the purpose of support-
 ing  the  recruitment  and retention of personal care service workers or
 any worker with direct patient care  responsibility,  from  the  tobacco
 control  and  insurance  initiatives  pool established for the following
 periods and the following amounts:
   (A) forty-four million dollars, on an annualized basis, for the period
 April first, two thousand two through December thirty-first,  two  thou-
 sand two;
   (B)  seventy-four  million  dollars,  on  an annualized basis, for the
 period January first, two thousand three through December  thirty-first,
 two thousand three;
   (C)  one hundred four million dollars, on an annualized basis, for the
 period January first, two thousand four through  December  thirty-first,
 two thousand four;
   (D)  one  hundred  thirty-six million dollars, on an annualized basis,
 for the period January first, two thousand five through  December  thir-
 ty-first, two thousand five;
   (E)  one  hundred  thirty-six million dollars, on an annualized basis,
 for the period January first, two thousand six through December  thirty-
 first, two thousand six;
   (F)  one  hundred  thirty-six  million  dollars for the period January
 first, two thousand seven through December  thirty-first,  two  thousand
 seven;
   (G)  one  hundred  thirty-six  million  dollars for the period January
 first, two thousand eight through December  thirty-first,  two  thousand
 eight;
   (H)  one  hundred  thirty-six  million  dollars for the period January
 first, two thousand nine through  December  thirty-first,  two  thousand
 nine;
   (I)  one  hundred  thirty-six  million  dollars for the period January
 first, two thousand ten through December thirty-first, two thousand ten;
 A. 3007--B                         67

   (J) thirty-four million dollars for  the  period  January  first,  two
 thousand eleven through March thirty-first, two thousand eleven;
   (K)  up  to  one  hundred thirty-six million dollars each state fiscal
 year for the period April first, two thousand eleven through March thir-
 ty-first, two thousand fourteen;
   (L) up to one hundred thirty-six million  dollars  each  state  fiscal
 year  for  the  period March thirty-first, two thousand fourteen through
 April first, two thousand seventeen;
   (M) up to one hundred thirty-six million  dollars  each  state  fiscal
 year  for  the  period April first, two thousand seventeen through March
 thirty-first, two thousand twenty; [and]
   (N) up to one hundred thirty-six million  dollars  each  state  fiscal
 year for the period April first, two thousand twenty through March thir-
 ty-first, two thousand twenty-three; AND
   (O)  UP  TO  ONE  HUNDRED THIRTY-SIX MILLION DOLLARS EACH STATE FISCAL
 YEAR FOR THE PERIOD APRIL FIRST, TWO THOUSAND TWENTY-THREE THROUGH MARCH
 THIRTY-FIRST, TWO THOUSAND TWENTY-SIX.
   (ii) Adjustments to Medicaid rates made  pursuant  to  this  paragraph
 shall  not, in aggregate, exceed the following amounts for the following
 periods:
   (A) for the period April first,  two  thousand  two  through  December
 thirty-first, two thousand two, one hundred ten million dollars;
   (B)  for the period January first, two thousand three through December
 thirty-first,  two  thousand  three,  one  hundred  eighty-five  million
 dollars;
   (C)  for  the period January first, two thousand four through December
 thirty-first, two thousand four, two hundred sixty million dollars;
   (D) for the period January first, two thousand five  through  December
 thirty-first, two thousand five, three hundred forty million dollars;
   (E)  for  the  period January first, two thousand six through December
 thirty-first, two thousand six, three hundred forty million dollars;
   (F) for the period January first, two thousand seven through  December
 thirty-first, two thousand seven, three hundred forty million dollars;
   (G)  for the period January first, two thousand eight through December
 thirty-first, two thousand eight, three hundred forty million dollars;
   (H) for the period January first, two thousand nine  through  December
 thirty-first, two thousand nine, three hundred forty million dollars;
   (I)  for  the  period January first, two thousand ten through December
 thirty-first, two thousand ten, three hundred forty million dollars;
   (J) for the period January first, two thousand  eleven  through  March
 thirty-first, two thousand eleven, eighty-five million dollars;
   (K)  for  each  state  fiscal  year within the period April first, two
 thousand eleven through March thirty-first, two thousand fourteen, three
 hundred forty million dollars;
   (L) for each state fiscal year within  the  period  April  first,  two
 thousand  fourteen  through  March thirty-first, two thousand seventeen,
 three hundred forty million dollars;
   (M) for each state fiscal year within  the  period  April  first,  two
 thousand  seventeen  through  March  thirty-first,  two thousand twenty,
 three hundred forty million dollars; [and]
   (N) for each state fiscal year within  the  period  April  first,  two
 thousand  twenty  through March thirty-first, two thousand twenty-three,
 three hundred forty million dollars; AND
   (O) FOR EACH STATE FISCAL YEAR WITHIN  THE  PERIOD  APRIL  FIRST,  TWO
 THOUSAND  TWENTY-THREE  THROUGH MARCH THIRTY-FIRST, TWO THOUSAND TWENTY-
 SIX, THREE HUNDRED FORTY MILLION DOLLARS.
 A. 3007--B                         68
 
   (iii) Personal care service providers which have their rates  adjusted
 pursuant  to  this  paragraph  shall  use  such funds for the purpose of
 recruitment and retention  of  non-supervisory  personal  care  services
 workers  or  any worker with direct patient care responsibility only and
 are  prohibited  from  using such funds for any other purpose. Each such
 personal care services provider shall submit, at a time and in a  manner
 to  be determined by the commissioner, a written certification attesting
 that such funds will be used solely for the purpose of  recruitment  and
 retention of non-supervisory personal care services workers or any work-
 er  with direct patient care responsibility. The commissioner is author-
 ized to audit each such provider to ensure compliance with  the  written
 certification  required  by  this subdivision and shall recoup any funds
 determined to have been used for purposes  other  than  recruitment  and
 retention of non-supervisory personal care services workers or any work-
 er  with direct patient care responsibility. Such recoupment shall be in
 addition to any other penalties provided by law.
   (cc) Funds shall be deposited  by  the  commissioner,  within  amounts
 appropriated,  and  the  state  comptroller  is  hereby  authorized  and
 directed to receive for deposit to  the  credit  of  the  state  special
 revenue  funds  - other, HCRA transfer fund, medical assistance account,
 or any successor fund or account, for  the  purpose  of  supporting  the
 state  share  of  adjustments  to Medicaid rates of payment for personal
 care services provided pursuant to paragraph (e) of subdivision  two  of
 section three hundred sixty-five-a of the social services law, for local
 social  service  districts  which  shall not include a city with a popu-
 lation of over one million persons for the  purpose  of  supporting  the
 personal  care  services  worker  recruitment  and  retention program as
 established pursuant to  section  three  hundred  sixty-seven-q  of  the
 social  services law, from the tobacco control and insurance initiatives
 pool established for the following periods and the following amounts:
   (i) two million eight hundred thousand dollars for  the  period  April
 first, two thousand two through December thirty-first, two thousand two;
   (ii)  five  million  six  hundred  thousand  dollars, on an annualized
 basis, for the period January first, two thousand three through December
 thirty-first, two thousand three;
   (iii) eight million four hundred thousand dollars,  on  an  annualized
 basis,  for the period January first, two thousand four through December
 thirty-first, two thousand four;
   (iv) ten million eight hundred  thousand  dollars,  on  an  annualized
 basis,  for the period January first, two thousand five through December
 thirty-first, two thousand five;
   (v) ten million eight  hundred  thousand  dollars,  on  an  annualized
 basis,  for  the period January first, two thousand six through December
 thirty-first, two thousand six;
   (vi) eleven million two hundred thousand dollars for the period  Janu-
 ary  first,  two thousand seven through December thirty-first, two thou-
 sand seven;
   (vii) eleven million two hundred thousand dollars for the period Janu-
 ary first, two thousand eight through December thirty-first,  two  thou-
 sand eight;
   (viii)  eleven  million  two  hundred  thousand dollars for the period
 January first, two thousand  nine  through  December  thirty-first,  two
 thousand nine;
   (ix)  eleven million two hundred thousand dollars for the period Janu-
 ary first, two thousand ten through December thirty-first, two  thousand
 ten;
 A. 3007--B                         69
 
   (x)  two million eight hundred thousand dollars for the period January
 first, two thousand eleven  through  March  thirty-first,  two  thousand
 eleven;
   (xi)  up  to  eleven  million  two hundred thousand dollars each state
 fiscal year for the period April  first,  two  thousand  eleven  through
 March thirty-first, two thousand fourteen;
   (xii)  up  to  eleven  million two hundred thousand dollars each state
 fiscal year for the period April first, two  thousand  fourteen  through
 March thirty-first, two thousand seventeen;
   (xiii)  up  to  eleven million two hundred thousand dollars each state
 fiscal year for the period April first, two thousand  seventeen  through
 March thirty-first, two thousand twenty; [and]
   (xiv)  up  to  eleven  million two hundred thousand dollars each state
 fiscal year for the period April  first,  two  thousand  twenty  through
 March thirty-first, two thousand twenty-three; AND
   (XV)  UP  TO  ELEVEN  MILLION  TWO HUNDRED THOUSAND DOLLARS EACH STATE
 FISCAL YEAR FOR  THE  PERIOD  APRIL  FIRST,  TWO  THOUSAND  TWENTY-THREE
 THROUGH MARCH THIRTY-FIRST, TWO THOUSAND TWENTY-SIX.
   (dd)  Funds  shall  be  deposited  by the commissioner, within amounts
 appropriated,  and  the  state  comptroller  is  hereby  authorized  and
 directed  to  receive  for  deposit  to  the credit of the state special
 revenue fund - other, HCRA transfer fund, medical assistance account, or
 any successor fund or account, for purposes of funding the  state  share
 of Medicaid expenditures for physician services from the tobacco control
 and  insurance initiatives pool established for the following periods in
 the following amounts:
   (i) up to fifty-two million dollars for the period January first,  two
 thousand two through December thirty-first, two thousand two;
   (ii)  eighty-one  million  two hundred thousand dollars for the period
 January first, two thousand three  through  December  thirty-first,  two
 thousand three;
   (iii)  eighty-five million two hundred thousand dollars for the period
 January first, two thousand  four  through  December  thirty-first,  two
 thousand four;
   (iv)  eighty-five  million two hundred thousand dollars for the period
 January first, two thousand  five  through  December  thirty-first,  two
 thousand five;
   (v)  eighty-five  million  two hundred thousand dollars for the period
 January first, two thousand six through December thirty-first, two thou-
 sand six;
   (vi) eighty-five million two hundred thousand dollars for  the  period
 January  first,  two  thousand  seven through December thirty-first, two
 thousand seven;
   (vii) eighty-five million two hundred thousand dollars for the  period
 January  first,  two  thousand  eight through December thirty-first, two
 thousand eight;
   (viii) eighty-five million two hundred thousand dollars for the period
 January first, two thousand  nine  through  December  thirty-first,  two
 thousand nine;
   (ix)  eighty-five  million two hundred thousand dollars for the period
 January first, two thousand ten through December thirty-first, two thou-
 sand ten;
   (x) twenty-one million three hundred thousand dollars for  the  period
 January first, two thousand eleven through March thirty-first, two thou-
 sand eleven; and
 A. 3007--B                         70
 
   (xi)  eighty-five  million  two  hundred  thousand  dollars each state
 fiscal year for the period April  first,  two  thousand  eleven  through
 March thirty-first, two thousand fourteen.
   (ee)  Funds  shall  be  deposited  by the commissioner, within amounts
 appropriated,  and  the  state  comptroller  is  hereby  authorized  and
 directed  to  receive  for  deposit  to  the credit of the state special
 revenue fund - other, HCRA transfer fund, medical assistance account, or
 any successor fund or account, for purposes of funding the  state  share
 of  the free-standing diagnostic and treatment center rate increases for
 recruitment and retention of health care workers pursuant to subdivision
 seventeen of section twenty-eight hundred seven of this article from the
 tobacco control and  insurance  initiatives  pool  established  for  the
 following periods in the following amounts:
   (i)  three  million  two hundred fifty thousand dollars for the period
 April first, two thousand two through December thirty-first,  two  thou-
 sand two;
   (ii) three million two hundred fifty thousand dollars on an annualized
 basis  for the period January first, two thousand three through December
 thirty-first, two thousand three;
   (iii) three million two hundred fifty thousand dollars on  an  annual-
 ized  basis  for  the  period  January  first, two thousand four through
 December thirty-first, two thousand four;
   (iv) three million two hundred fifty thousand dollars for  the  period
 January  first,  two  thousand  five  through December thirty-first, two
 thousand five;
   (v) three million two hundred fifty thousand dollars  for  the  period
 January first, two thousand six through December thirty-first, two thou-
 sand six;
   (vi)  three  million two hundred fifty thousand dollars for the period
 January first, two thousand seven  through  December  thirty-first,  two
 thousand seven;
   (vii) three million four hundred thirty-eight thousand dollars for the
 period  January first, two thousand eight through December thirty-first,
 two thousand eight;
   (viii) two million four hundred fifty thousand dollars for the  period
 January  first,  two  thousand  nine  through December thirty-first, two
 thousand nine;
   (ix) one million five hundred thousand dollars for the period  January
 first, two thousand ten through December thirty-first, two thousand ten;
 and
   (x)  three hundred twenty-five thousand dollars for the period January
 first, two thousand eleven  through  March  thirty-first,  two  thousand
 eleven.
   (ff)  Funds  shall  be  deposited  by the commissioner, within amounts
 appropriated,  and  the  state  comptroller  is  hereby  authorized  and
 directed  to  receive  for  deposit  to  the credit of the state special
 revenue fund - other, HCRA transfer fund, medical assistance account, or
 any successor fund or account, for purposes of funding the  state  share
 of  Medicaid expenditures for disabled persons as authorized pursuant to
 former subparagraphs twelve and thirteen of paragraph (a) of subdivision
 one of section three hundred sixty-six of the social services  law  from
 the  tobacco  control and insurance initiatives pool established for the
 following periods in the following amounts:
   (i) one million eight hundred thousand dollars for  the  period  April
 first, two thousand two through December thirty-first, two thousand two;
 A. 3007--B                         71
 
   (ii)  sixteen  million  four hundred thousand dollars on an annualized
 basis for the period January first, two thousand three through  December
 thirty-first, two thousand three;
   (iii) eighteen million seven hundred thousand dollars on an annualized
 basis  for  the period January first, two thousand four through December
 thirty-first, two thousand four;
   (iv) thirty million six hundred thousand dollars for the period  Janu-
 ary first, two thousand five through December thirty-first, two thousand
 five;
   (v) thirty million six hundred thousand dollars for the period January
 first, two thousand six through December thirty-first, two thousand six;
   (vi)  thirty million six hundred thousand dollars for the period Janu-
 ary first, two thousand seven through December thirty-first,  two  thou-
 sand seven;
   (vii)  fifteen million dollars for the period January first, two thou-
 sand eight through December thirty-first, two thousand eight;
   (viii) fifteen million dollars for the period January first, two thou-
 sand nine through December thirty-first, two thousand nine;
   (ix) fifteen million dollars for the period January first,  two  thou-
 sand ten through December thirty-first, two thousand ten;
   (x)  three million seven hundred fifty thousand dollars for the period
 January first, two thousand eleven through March thirty-first, two thou-
 sand eleven;
   (xi) fifteen million dollars each state fiscal  year  for  the  period
 April  first,  two thousand eleven through March thirty-first, two thou-
 sand fourteen;
   (xii) fifteen million dollars each state fiscal year  for  the  period
 April first, two thousand fourteen through March thirty-first, two thou-
 sand seventeen;
   (xiii)  fifteen  million dollars each state fiscal year for the period
 April first, two thousand  seventeen  through  March  thirty-first,  two
 thousand twenty; [and]
   (xiv)  fifteen  million  dollars each state fiscal year for the period
 April first, two thousand twenty through March thirty-first,  two  thou-
 sand twenty-three; AND
   (XV)  FIFTEEN  MILLION  DOLLARS  EACH STATE FISCAL YEAR FOR THE PERIOD
 APRIL FIRST, TWO THOUSAND TWENTY-THREE THROUGH MARCH  THIRTY-FIRST,  TWO
 THOUSAND TWENTY-SIX.
   (gg)  Funds  shall  be  reserved and accumulated from year to year and
 shall be available, including income from invested funds,  for  purposes
 of  grants  to non-public general hospitals pursuant to paragraph (c) of
 subdivision thirty of section twenty-eight hundred seven-c of this arti-
 cle from the tobacco control and insurance initiatives pool  established
 for the following periods in the following amounts:
   (i)  up to one million three hundred thousand dollars on an annualized
 basis for the period January first, two thousand  two  through  December
 thirty-first, two thousand two;
   (ii) up to three million two hundred thousand dollars on an annualized
 basis  for the period January first, two thousand three through December
 thirty-first, two thousand three;
   (iii) up to five million six hundred thousand dollars on an annualized
 basis for the period January first, two thousand four  through  December
 thirty-first, two thousand four;
   (iv)  up  to eight million six hundred thousand dollars for the period
 January first, two thousand  five  through  December  thirty-first,  two
 thousand five;
 A. 3007--B                         72
 
   (v)  up to eight million six hundred thousand dollars on an annualized
 basis for the period January first, two thousand  six  through  December
 thirty-first, two thousand six;
   (vi)  up  to  two  million six hundred thousand dollars for the period
 January first, two thousand seven  through  December  thirty-first,  two
 thousand seven;
   (vii)  up  to  two million six hundred thousand dollars for the period
 January first, two thousand eight  through  December  thirty-first,  two
 thousand eight;
   (viii)  up  to two million six hundred thousand dollars for the period
 January first, two thousand  nine  through  December  thirty-first,  two
 thousand nine;
   (ix)  up  to  two  million six hundred thousand dollars for the period
 January first, two thousand ten through December thirty-first, two thou-
 sand ten; and
   (x) up to six hundred fifty thousand dollars for  the  period  January
 first,  two  thousand  eleven  through  March thirty-first, two thousand
 eleven.
   (hh) Funds shall be deposited  by  the  commissioner,  within  amounts
 appropriated,  and  the  state  comptroller  is  hereby  authorized  and
 directed to receive for deposit to the credit  of  the  special  revenue
 fund  -  other,  HCRA  transfer  fund,  medical  assistance  account for
 purposes of providing financial assistance to  residential  health  care
 facilities  pursuant  to subdivisions nineteen and twenty-one of section
 twenty-eight hundred eight of this article, from the tobacco control and
 insurance initiatives pool established for the following periods in  the
 following amounts:
   (i)  for  the  period  April  first, two thousand two through December
 thirty-first, two thousand two, ten million dollars;
   (ii) for the period January first, two thousand three through December
 thirty-first, two thousand three, nine million four hundred fifty  thou-
 sand dollars;
   (iii) for the period January first, two thousand four through December
 thirty-first,  two thousand four, nine million three hundred fifty thou-
 sand dollars;
   (iv) up to fifteen million dollars for the period January  first,  two
 thousand five through December thirty-first, two thousand five;
   (v)  up  to  fifteen million dollars for the period January first, two
 thousand six through December thirty-first, two thousand six;
   (vi) up to fifteen million dollars for the period January  first,  two
 thousand seven through December thirty-first, two thousand seven;
   (vii)  up to fifteen million dollars for the period January first, two
 thousand eight through December thirty-first, two thousand eight;
   (viii) up to fifteen million dollars for the period January first, two
 thousand nine through December thirty-first, two thousand nine;
   (ix) up to fifteen million dollars for the period January  first,  two
 thousand ten through December thirty-first, two thousand ten;
   (x)  up  to three million seven hundred fifty thousand dollars for the
 period January first, two thousand eleven  through  March  thirty-first,
 two thousand eleven; and
   (xi)  fifteen  million  dollars  each state fiscal year for the period
 April first, two thousand eleven through March thirty-first,  two  thou-
 sand fourteen.
   (ii)  Funds  shall  be  deposited  by the commissioner, within amounts
 appropriated,  and  the  state  comptroller  is  hereby  authorized  and
 directed  to  receive  for  deposit  to  the credit of the state special
 A. 3007--B                         73
 
 revenue funds - other, HCRA transfer fund, medical  assistance  account,
 or  any  successor  fund  or  account, for the purpose of supporting the
 state share of Medicaid expenditures for disabled persons as  authorized
 by sections 1619 (a) and (b) of the federal social security act pursuant
 to  the  tobacco  control and insurance initiatives pool established for
 the following periods in the following amounts:
   (i) six million four hundred thousand dollars  for  the  period  April
 first, two thousand two through December thirty-first, two thousand two;
   (ii) eight million five hundred thousand dollars, for the period Janu-
 ary  first,  two thousand three through December thirty-first, two thou-
 sand three;
   (iii) eight million five hundred thousand dollars for the period Janu-
 ary first, two thousand four through December thirty-first, two thousand
 four;
   (iv) eight million five hundred thousand dollars for the period  Janu-
 ary first, two thousand five through December thirty-first, two thousand
 five;
   (v) eight million five hundred thousand dollars for the period January
 first, two thousand six through December thirty-first, two thousand six;
   (vi) eight million six hundred thousand dollars for the period January
 first,  two  thousand  seven through December thirty-first, two thousand
 seven;
   (vii) eight million five hundred thousand dollars for the period Janu-
 ary first, two thousand eight through December thirty-first,  two  thou-
 sand eight;
   (viii)  eight  million  five  hundred  thousand dollars for the period
 January first, two thousand  nine  through  December  thirty-first,  two
 thousand nine;
   (ix)  eight million five hundred thousand dollars for the period Janu-
 ary first, two thousand ten through December thirty-first, two  thousand
 ten;
   (x) two million one hundred twenty-five thousand dollars for the peri-
 od  January  first,  two thousand eleven through March thirty-first, two
 thousand eleven;
   (xi) eight million five hundred thousand  dollars  each  state  fiscal
 year for the period April first, two thousand eleven through March thir-
 ty-first, two thousand fourteen;
   (xii)  eight  million  five hundred thousand dollars each state fiscal
 year for the period April first, two  thousand  fourteen  through  March
 thirty-first, two thousand seventeen;
   (xiii)  eight  million five hundred thousand dollars each state fiscal
 year for the period April first, two thousand  seventeen  through  March
 thirty-first, two thousand twenty; [and]
   (xiv)  eight  million  five hundred thousand dollars each state fiscal
 year for the period April first, two thousand twenty through March thir-
 ty-first, two thousand twenty-three; AND
   (XV) EIGHT MILLION FIVE HUNDRED THOUSAND  DOLLARS  EACH  STATE  FISCAL
 YEAR FOR THE PERIOD APRIL FIRST, TWO THOUSAND TWENTY-THREE THROUGH MARCH
 THIRTY-FIRST, TWO THOUSAND TWENTY-SIX.
   (jj)  Funds  shall  be  reserved and accumulated from year to year and
 shall be available,  including  income  from  invested  funds,  for  the
 purposes  of  a grant program to improve access to infertility services,
 treatments and procedures, from the tobacco control and insurance initi-
 atives pool established for the period January first, two  thousand  two
 through  December  thirty-first,  two thousand two in the amount of nine
 million one hundred seventy-five thousand dollars, for the period  April
 A. 3007--B                         74

 first,  two  thousand six through March thirty-first, two thousand seven
 in the amount of five million dollars, for the period April  first,  two
 thousand  seven  through  March  thirty-first, two thousand eight in the
 amount of five million dollars, for the period April first, two thousand
 eight  through  March  thirty-first,  two thousand nine in the amount of
 five million dollars, and for the period April first, two thousand  nine
 through  March  thirty-first,  two  thousand  ten  in the amount of five
 million dollars, for the period April first, two  thousand  ten  through
 March thirty-first, two thousand eleven in the amount of two million two
 hundred  thousand  dollars, and for the period April first, two thousand
 eleven through March thirty-first, two thousand twelve up to one million
 one hundred thousand dollars.
   (kk) Funds shall be deposited  by  the  commissioner,  within  amounts
 appropriated,  and  the  state  comptroller  is  hereby  authorized  and
 directed to receive for deposit to  the  credit  of  the  state  special
 revenue  funds -- other, HCRA transfer fund, medical assistance account,
 or any successor fund or account, for  purposes  of  funding  the  state
 share  of  Medical  Assistance  Program  expenditures  from  the tobacco
 control and insurance initiatives pool  established  for  the  following
 periods in the following amounts:
   (i) thirty-eight million eight hundred thousand dollars for the period
 January first, two thousand two through December thirty-first, two thou-
 sand two;
   (ii)  up  to  two  hundred  ninety-five million dollars for the period
 January first, two thousand three  through  December  thirty-first,  two
 thousand three;
   (iii)  up  to  four hundred seventy-two million dollars for the period
 January first, two thousand  four  through  December  thirty-first,  two
 thousand four;
   (iv)  up to nine hundred million dollars for the period January first,
 two thousand five through December thirty-first, two thousand five;
   (v) up to eight  hundred  sixty-six  million  three  hundred  thousand
 dollars  for the period January first, two thousand six through December
 thirty-first, two thousand six;
   (vi) up to six hundred sixteen million seven hundred thousand  dollars
 for  the period January first, two thousand seven through December thir-
 ty-first, two thousand seven;
   (vii) up to five hundred seventy-eight million  nine  hundred  twenty-
 five  thousand  dollars for the period January first, two thousand eight
 through December thirty-first, two thousand eight; and
   (viii) within amounts appropriated on and  after  January  first,  two
 thousand nine.
   (ll)  Funds  shall  be  deposited  by the commissioner, within amounts
 appropriated,  and  the  state  comptroller  is  hereby  authorized  and
 directed  to  receive  for  deposit  to  the credit of the state special
 revenue funds -- other, HCRA transfer fund, medical assistance  account,
 or  any  successor  fund  or  account, for purposes of funding the state
 share of Medicaid expenditures related to the city of New York from  the
 tobacco  control  and  insurance  initiatives  pool  established for the
 following periods in the following amounts:
   (i) eighty-two million seven hundred thousand dollars for  the  period
 January first, two thousand two through December thirty-first, two thou-
 sand two;
   (ii)  one hundred twenty-four million six hundred thousand dollars for
 the period January first, two thousand three  through  December  thirty-
 first, two thousand three;
 A. 3007--B                         75
 
   (iii)  one  hundred twenty-four million seven hundred thousand dollars
 for the period January first, two thousand four through  December  thir-
 ty-first, two thousand four;
   (iv)  one  hundred  twenty-four million seven hundred thousand dollars
 for the period January first, two thousand five through  December  thir-
 ty-first, two thousand five;
   (v) one hundred twenty-four million seven hundred thousand dollars for
 the  period  January  first,  two  thousand six through December thirty-
 first, two thousand six;
   (vi) one hundred twenty-four million seven  hundred  thousand  dollars
 for  the period January first, two thousand seven through December thir-
 ty-first, two thousand seven;
   (vii) one hundred twenty-four million seven hundred  thousand  dollars
 for  the period January first, two thousand eight through December thir-
 ty-first, two thousand eight;
   (viii) one hundred twenty-four million seven hundred thousand  dollars
 for  the  period January first, two thousand nine through December thir-
 ty-first, two thousand nine;
   (ix) one hundred twenty-four million seven  hundred  thousand  dollars
 for  the period January first, two thousand ten through December thirty-
 first, two thousand ten;
   (x) thirty-one million one hundred seventy-five thousand  dollars  for
 the  period  January  first,  two  thousand eleven through March thirty-
 first, two thousand eleven; and
   (xi) one hundred twenty-four million seven  hundred  thousand  dollars
 each  state  fiscal year for the period April first, two thousand eleven
 through March thirty-first, two thousand fourteen.
   (mm) Funds shall be deposited  by  the  commissioner,  within  amounts
 appropriated,  and  the  state  comptroller  is  hereby  authorized  and
 directed to receive for deposit to  the  credit  of  the  state  special
 revenue  funds  - other, HCRA transfer fund, medical assistance account,
 or any successor fund or account,  for  purposes  of  funding  specified
 percentages  of  the state share of services and expenses related to the
 family health plus program in accordance with the following schedule:
   (i) (A) for the period  January  first,  two  thousand  three  through
 December  thirty-first,  two  thousand  four, one hundred percent of the
 state share;
   (B) for the period January first, two thousand five  through  December
 thirty-first,  two  thousand  five,  seventy-five  percent  of the state
 share; and
   (C) for periods beginning on and after  January  first,  two  thousand
 six, fifty percent of the state share.
   (ii)  Funding  for  the  family health plus program will include up to
 five million dollars annually for the period January first, two thousand
 three through December  thirty-first,  two  thousand  six,  up  to  five
 million dollars for the period January first, two thousand seven through
 December  thirty-first,  two  thousand  seven,  up  to seven million two
 hundred thousand dollars for the  period  January  first,  two  thousand
 eight  through  December  thirty-first,  two thousand eight, up to seven
 million two hundred thousand dollars for the period January  first,  two
 thousand  nine  through  December thirty-first, two thousand nine, up to
 seven million two hundred thousand dollars for the period January first,
 two thousand ten through December thirty-first, two thousand ten, up  to
 one million eight hundred thousand dollars for the period January first,
 two  thousand eleven through March thirty-first, two thousand eleven, up
 to six million forty-nine thousand dollars for the period  April  first,
 A. 3007--B                         76
 
 two  thousand eleven through March thirty-first, two thousand twelve, up
 to six million two hundred eighty-nine thousand dollars for  the  period
 April  first,  two thousand twelve through March thirty-first, two thou-
 sand  thirteen,  and  up  to six million four hundred sixty-one thousand
 dollars for the period April first, two thousand thirteen through  March
 thirty-first,  two  thousand  fourteen, for administration and marketing
 costs associated with such program established pursuant to  clauses  (A)
 and  (B)  of subparagraph (v) of paragraph (a) of subdivision two of THE
 FORMER section three hundred sixty-nine-ee of the  social  services  law
 from  the tobacco control and insurance initiatives pool established for
 the following periods in the following amounts:
   (A) one hundred ninety million six hundred thousand  dollars  for  the
 period  January first, two thousand three through December thirty-first,
 two thousand three;
   (B) three hundred seventy-four million dollars for the period  January
 first,  two  thousand  four  through December thirty-first, two thousand
 four;
   (C) five hundred thirty-eight million four  hundred  thousand  dollars
 for  the  period January first, two thousand five through December thir-
 ty-first, two thousand five;
   (D) three hundred eighteen million seven hundred seventy-five thousand
 dollars for the period January first, two thousand six through  December
 thirty-first, two thousand six;
   (E) four hundred eighty-two million eight hundred thousand dollars for
 the  period  January  first, two thousand seven through December thirty-
 first, two thousand seven;
   (F) five hundred seventy million twenty-five thousand dollars for  the
 period  January first, two thousand eight through December thirty-first,
 two thousand eight;
   (G) six hundred ten million seven hundred twenty-five thousand dollars
 for the period January first, two thousand nine through  December  thir-
 ty-first, two thousand nine;
   (H) six hundred twenty-seven million two hundred seventy-five thousand
 dollars  for the period January first, two thousand ten through December
 thirty-first, two thousand ten;
   (I) one hundred fifty-seven million eight hundred  seventy-five  thou-
 sand  dollars  for the period January first, two thousand eleven through
 March thirty-first, two thousand eleven;
   (J) six hundred twenty-eight million four hundred thousand dollars for
 the period April first, two thousand eleven through March  thirty-first,
 two thousand twelve;
   (K)  six  hundred  fifty million four hundred thousand dollars for the
 period April first, two thousand twelve through March thirty-first,  two
 thousand thirteen;
   (L)  six  hundred  fifty million four hundred thousand dollars for the
 period April first, two thousand thirteen  through  March  thirty-first,
 two thousand fourteen; and
   (M)  up to three hundred ten million five hundred ninety-five thousand
 dollars for the period April first, two thousand fourteen through  March
 thirty-first, two thousand fifteen.
   (nn)  Funds  shall  be  deposited  by the commissioner, within amounts
 appropriated,  and  the  state  comptroller  is  hereby  authorized  and
 directed  to  receive  for  deposit  to  the credit of the state special
 revenue fund - other, HCRA transfer fund, health care services  account,
 or  any  successor  fund  or account, for purposes related to adult home
 initiatives for medicaid eligible residents  of  residential  facilities
 A. 3007--B                         77
 
 licensed pursuant to section four hundred sixty-b of the social services
 law  from the tobacco control and insurance initiatives pool established
 for the following periods in the following amounts:
   (i) up to four million dollars for the period January first, two thou-
 sand three through December thirty-first, two thousand three;
   (ii) up to six million dollars for the period January first, two thou-
 sand four through December thirty-first, two thousand four;
   (iii)  up  to  eight million dollars for the period January first, two
 thousand  five  through  December  thirty-first,  two   thousand   five,
 provided,  however,  that  up to five million two hundred fifty thousand
 dollars of such funds shall be received by the comptroller and deposited
 to the credit of the special revenue fund - other / aid  to  localities,
 HCRA  transfer  fund - 061, enhanced community services account - 05, or
 any successor fund or account, for the purposes set forth in this  para-
 graph;
   (iv)  up  to  eight  million dollars for the period January first, two
 thousand six through December thirty-first, two thousand six,  provided,
 however,  that  up to five million two hundred fifty thousand dollars of
 such funds shall be received by the comptroller  and  deposited  to  the
 credit  of  the  special  revenue fund - other / aid to localities, HCRA
 transfer fund - 061, enhanced community services account -  05,  or  any
 successor fund or account, for the purposes set forth in this paragraph;
   (v)  up  to  eight  million  dollars for the period January first, two
 thousand  seven  through  December  thirty-first,  two  thousand  seven,
 provided,  however,  that  up to five million two hundred fifty thousand
 dollars of such funds shall be received by the comptroller and deposited
 to the credit of the special revenue fund - other / aid  to  localities,
 HCRA  transfer  fund - 061, enhanced community services account - 05, or
 any successor fund or account, for the purposes set forth in this  para-
 graph;
   (vi)  up  to  two million seven hundred fifty thousand dollars for the
 period January first, two thousand eight through December  thirty-first,
 two thousand eight;
   (vii)  up  to two million seven hundred fifty thousand dollars for the
 period January first, two thousand nine through  December  thirty-first,
 two thousand nine;
   (viii)  up to two million seven hundred fifty thousand dollars for the
 period January first, two thousand ten  through  December  thirty-first,
 two thousand ten; and
   (ix)  up  to  six hundred eighty-eight thousand dollars for the period
 January first, two thousand eleven through March thirty-first, two thou-
 sand eleven.
   (oo) Funds shall be reserved and accumulated from  year  to  year  and
 shall  be  available, including income from invested funds, for purposes
 of grants to non-public general hospitals pursuant to paragraph  (e)  of
 subdivision  twenty-five of section twenty-eight hundred seven-c of this
 article from the tobacco control and insurance initiatives  pool  estab-
 lished for the following periods in the following amounts:
   (i)  up  to five million dollars on an annualized basis for the period
 January first, two thousand  four  through  December  thirty-first,  two
 thousand four;
   (ii)  up  to  five  million  dollars for the period January first, two
 thousand five through December thirty-first, two thousand five;
   (iii) up to five million dollars for the  period  January  first,  two
 thousand six through December thirty-first, two thousand six;
 A. 3007--B                         78
 
   (iv)  up  to  five  million  dollars for the period January first, two
 thousand seven through December thirty-first, two thousand seven;
   (v) up to five million dollars for the period January first, two thou-
 sand eight through December thirty-first, two thousand eight;
   (vi)  up  to  five  million  dollars for the period January first, two
 thousand nine through December thirty-first, two thousand nine;
   (vii) up to five million dollars for the  period  January  first,  two
 thousand ten through December thirty-first, two thousand ten; and
   (viii)  up  to  one million two hundred fifty thousand dollars for the
 period January first, two thousand eleven  through  March  thirty-first,
 two thousand eleven.
   (pp)  Funds  shall  be  reserved and accumulated from year to year and
 shall be available,  including  income  from  invested  funds,  for  the
 purpose  of  supporting  the provision of tax credits for long term care
 insurance pursuant to subdivision one of section one hundred  ninety  of
 the  tax  law,  paragraph  (a)  of  subdivision  fourteen of section two
 hundred ten-B of such law, subsection (aa) of section six hundred six of
 such law and paragraph one of subdivision (m) of section fifteen hundred
 eleven of such law, in the following amounts:
   (i) ten million dollars for the period  January  first,  two  thousand
 four through December thirty-first, two thousand four;
   (ii)  ten  million  dollars for the period January first, two thousand
 five through December thirty-first, two thousand five;
   (iii) ten million dollars for the period January first,  two  thousand
 six through December thirty-first, two thousand six; and
   (iv)  five  million dollars for the period January first, two thousand
 seven through June thirtieth, two thousand seven.
   (qq) Funds shall be reserved and accumulated from  year  to  year  and
 shall  be  available,  including  income  from  invested  funds, for the
 purpose  of  supporting  the  long-term  care  insurance  education  and
 outreach program established pursuant to section two hundred seventeen-a
 of the elder law for the following periods in the following amounts:
   (i) up to five million dollars for the period January first, two thou-
 sand  four  through  December  thirty-first,  two thousand four; of such
 funds one million nine hundred fifty  thousand  dollars  shall  be  made
 available  to the department for the purpose of developing, implementing
 and administering the long-term care insurance  education  and  outreach
 program  and  three million fifty thousand dollars shall be deposited by
 the commissioner, within amounts appropriated, and  the  comptroller  is
 hereby  authorized  and directed to receive for deposit to the credit of
 the special revenue funds - other, HCRA transfer fund,  long  term  care
 insurance  resource  center account of the state office for the aging or
 any future account designated for the purpose of implementing  the  long
 term  care  insurance  education  and outreach program and providing the
 long term care insurance resource centers with the  necessary  resources
 to carry out their operations;
   (ii)  up  to  five  million  dollars for the period January first, two
 thousand five through December thirty-first, two thousand five; of  such
 funds  one  million  nine  hundred  fifty thousand dollars shall be made
 available to the department for the purpose of developing,  implementing
 and  administering  the  long-term care insurance education and outreach
 program and three million fifty thousand dollars shall be  deposited  by
 the  commissioner,  within  amounts appropriated, and the comptroller is
 hereby authorized and directed to receive for deposit to the  credit  of
 the  special  revenue  funds - other, HCRA transfer fund, long term care
 insurance resource center account of the state office for the  aging  or
 A. 3007--B                         79
 
 any  future  account designated for the purpose of implementing the long
 term care insurance education and outreach  program  and  providing  the
 long  term  care insurance resource centers with the necessary resources
 to carry out their operations;
   (iii)  up  to  five  million dollars for the period January first, two
 thousand six through December thirty-first, two thousand  six;  of  such
 funds  one  million  nine  hundred  fifty thousand dollars shall be made
 available to the department for the purpose of developing,  implementing
 and  administering  the  long-term care insurance education and outreach
 program and three million fifty thousand dollars shall be made available
 to the office for the aging for the purpose of providing the  long  term
 care  insurance  resource  centers with the necessary resources to carry
 out their operations;
   (iv) up to five million dollars for  the  period  January  first,  two
 thousand  seven  through  December  thirty-first, two thousand seven; of
 such funds one million nine hundred fifty thousand dollars shall be made
 available to the department for the purpose of developing,  implementing
 and  administering  the  long-term care insurance education and outreach
 program and three million fifty thousand dollars shall be made available
 to the office for the aging for the purpose of providing the  long  term
 care  insurance  resource  centers with the necessary resources to carry
 out their operations;
   (v) up to five million dollars for the period January first, two thou-
 sand eight through December thirty-first, two thousand  eight;  of  such
 funds  one  million  nine  hundred  fifty thousand dollars shall be made
 available to the department for the purpose of developing,  implementing
 and  administering  the  long term care insurance education and outreach
 program and three million fifty thousand dollars shall be made available
 to the office for the aging for the purpose of providing the  long  term
 care  insurance  resource  centers with the necessary resources to carry
 out their operations;
   (vi) up to five million dollars for  the  period  January  first,  two
 thousand  nine through December thirty-first, two thousand nine; of such
 funds one million nine hundred fifty  thousand  dollars  shall  be  made
 available  to the department for the purpose of developing, implementing
 and administering the long-term care insurance  education  and  outreach
 program and three million fifty thousand dollars shall be made available
 to  the  office for the aging for the purpose of providing the long-term
 care insurance resource centers with the necessary  resources  to  carry
 out their operations;
   (vii)  up to four hundred eighty-eight thousand dollars for the period
 January first, two thousand ten through March thirty-first, two thousand
 ten; of such funds four hundred eighty-eight thousand dollars  shall  be
 made  available  to the department for the purpose of developing, imple-
 menting and administering the long-term  care  insurance  education  and
 outreach program.
   (rr)  Funds shall be reserved and accumulated from the tobacco control
 and insurance initiatives pool and shall be available, including  income
 from  invested  funds, for the purpose of supporting expenses related to
 implementation of the provisions of title three of article twenty-nine-D
 of this chapter, for the following periods and in the following amounts:
   (i) up to ten million dollars for the period January first, two  thou-
 sand six through December thirty-first, two thousand six;
   (ii) up to ten million dollars for the period January first, two thou-
 sand seven through December thirty-first, two thousand seven;
 A. 3007--B                         80
 
   (iii)  up  to  ten  million  dollars for the period January first, two
 thousand eight through December thirty-first, two thousand eight;
   (iv) up to ten million dollars for the period January first, two thou-
 sand nine through December thirty-first, two thousand nine;
   (v)  up to ten million dollars for the period January first, two thou-
 sand ten through December thirty-first, two thousand ten; and
   (vi) up to two million five hundred thousand dollars  for  the  period
 January first, two thousand eleven through March thirty-first, two thou-
 sand eleven.
   (ss)  Funds shall be reserved and accumulated from the tobacco control
 and insurance initiatives pool and used for a health care  stabilization
 program  established by the commissioner for the purposes of stabilizing
 critical health care providers and health care programs whose ability to
 continue to provide appropriate services are threatened by financial  or
 other  challenges,  in  the amount of up to twenty-eight million dollars
 for the period July first, two thousand four through June thirtieth, two
 thousand five. Notwithstanding the provisions  of  section  one  hundred
 twelve  of  the state finance law or any other inconsistent provision of
 the state finance law or any other law, funds available for distribution
 pursuant to this paragraph may  be  allocated  and  distributed  by  the
 commissioner,  or  the state comptroller as applicable without a compet-
 itive bid or request for proposal process. Considerations relied upon by
 the commissioner in determining the allocation and distribution of these
 funds shall include, but not be  limited  to,  the  following:  (i)  the
 importance  of  the  provider or program in meeting critical health care
 needs in the community in  which  it  operates;  (ii)  the  provider  or
 program provision of care to under-served populations; (iii) the quality
 of the care or services the provider or program delivers; (iv) the abil-
 ity  of  the  provider  or program to continue to deliver an appropriate
 level of care or services if additional funding is made  available;  (v)
 the  ability  of  the provider or program to access, in a timely manner,
 alternative sources of funding, including other  sources  of  government
 funding; (vi) the ability of other providers or programs in the communi-
 ty  to  meet the community health care needs; (vii) whether the provider
 or program has an appropriate plan to improve its  financial  condition;
 and  (viii)  whether  additional  funding  would  permit the provider or
 program to consolidate, relocate, or close programs  or  services  where
 such  actions  would  result  in greater stability and efficiency in the
 delivery of needed health care services or programs.
   (tt) Funds shall be reserved and accumulated from  year  to  year  and
 shall  be  available, including income from invested funds, for purposes
 of providing grants  for  two  long  term  care  demonstration  projects
 designed  to test new models for the delivery of long term care services
 established pursuant to section twenty-eight  hundred  seven-x  of  this
 chapter, for the following periods and in the following amounts:
   (i)  up to five hundred thousand dollars for the period January first,
 two thousand four through December thirty-first, two thousand four;
   (ii) up to five hundred thousand dollars for the period January first,
 two thousand five through December thirty-first, two thousand five;
   (iii) up to five hundred  thousand  dollars  for  the  period  January
 first, two thousand six through December thirty-first, two thousand six;
   (iv) up to one million dollars for the period January first, two thou-
 sand seven through December thirty-first, two thousand seven; and
   (v)  up  to  two hundred fifty thousand dollars for the period January
 first, two thousand  eight  through  March  thirty-first,  two  thousand
 eight.
 A. 3007--B                         81
 
   (uu)  Funds  shall  be  reserved and accumulated from year to year and
 shall be available,  including  income  from  invested  funds,  for  the
 purpose  of supporting disease management and telemedicine demonstration
 programs authorized pursuant to section  twenty-one  hundred  eleven  of
 this chapter for the following periods in the following amounts:
   (i)  five  million  dollars for the period January first, two thousand
 four through December thirty-first, two thousand four,  of  which  three
 million  dollars shall be available for disease management demonstration
 programs and two million dollars shall  be  available  for  telemedicine
 demonstration programs;
   (ii)  five  million dollars for the period January first, two thousand
 five through December thirty-first, two thousand five,  of  which  three
 million  dollars shall be available for disease management demonstration
 programs and two million dollars shall  be  available  for  telemedicine
 demonstration programs;
   (iii)  nine million five hundred thousand dollars for the period Janu-
 ary first, two thousand six through December thirty-first, two  thousand
 six,  of  which  seven  million  five  hundred thousand dollars shall be
 available for disease management demonstration programs and two  million
 dollars shall be available for telemedicine demonstration programs;
   (iv) nine million five hundred thousand dollars for the period January
 first,  two  thousand  seven through December thirty-first, two thousand
 seven, of which seven million five hundred  thousand  dollars  shall  be
 available  for disease management demonstration programs and one million
 dollars shall be available for telemedicine demonstration programs;
   (v) nine million five hundred thousand dollars for the period  January
 first,  two  thousand  eight through December thirty-first, two thousand
 eight, of which seven million five hundred  thousand  dollars  shall  be
 available  for disease management demonstration programs and two million
 dollars shall be available for telemedicine demonstration programs;
   (vi) seven million eight hundred thirty-three thousand  three  hundred
 thirty-three  dollars  for  the  period January first, two thousand nine
 through December thirty-first, two thousand nine, of which seven million
 five hundred thousand dollars shall be available for disease  management
 demonstration  programs  and  three  hundred thirty-three thousand three
 hundred thirty-three dollars shall be available for telemedicine  demon-
 stration  programs  for  the  period  January  first,  two thousand nine
 through March first, two thousand nine;
   (vii) one million eight hundred seventy-five thousand dollars for  the
 period  January  first, two thousand ten through March thirty-first, two
 thousand ten shall be available  for  disease  management  demonstration
 programs.
   (ww)  Funds  shall  be  deposited  by the commissioner, within amounts
 appropriated,  and  the  state  comptroller  is  hereby  authorized  and
 directed  to  receive for the deposit to the credit of the state special
 revenue funds - other, HCRA transfer fund, medical  assistance  account,
 or  any  successor  fund  or  account, for purposes of funding the state
 share of the  general  hospital  rates  increases  for  recruitment  and
 retention  of  health care workers pursuant to paragraph (e) of subdivi-
 sion thirty of section twenty-eight hundred seven-c of this article from
 the tobacco control and insurance initiatives pool established  for  the
 following periods in the following amounts:
   (i) sixty million five hundred thousand dollars for the period January
 first,  two  thousand  five  through December thirty-first, two thousand
 five; and
 A. 3007--B                         82
 
   (ii) sixty million five hundred thousand dollars for the period  Janu-
 ary  first, two thousand six through December thirty-first, two thousand
 six.
   (xx)  Funds  shall  be  deposited  by the commissioner, within amounts
 appropriated,  and  the  state  comptroller  is  hereby  authorized  and
 directed  to  receive for the deposit to the credit of the state special
 revenue funds - other, HCRA transfer fund, medical  assistance  account,
 or  any  successor  fund  or  account, for purposes of funding the state
 share of the general hospital rates increases for rural hospitals pursu-
 ant to subdivision thirty-two of section twenty-eight hundred seven-c of
 this article from the tobacco control  and  insurance  initiatives  pool
 established for the following periods in the following amounts:
   (i) three million five hundred thousand dollars for the period January
 first,  two  thousand  five  through December thirty-first, two thousand
 five;
   (ii) three million five hundred thousand dollars for the period  Janu-
 ary  first, two thousand six through December thirty-first, two thousand
 six;
   (iii) three million five hundred thousand dollars for the period Janu-
 ary first, two thousand seven through December thirty-first,  two  thou-
 sand seven;
   (iv)  three million five hundred thousand dollars for the period Janu-
 ary first, two thousand eight through December thirty-first,  two  thou-
 sand eight; and
   (v)  three  million  two hundred eight thousand dollars for the period
 January first, two thousand nine through November thirtieth,  two  thou-
 sand nine.
   (yy)  Funds  shall  be  reserved and accumulated from year to year and
 shall be available,  within  amounts  appropriated  and  notwithstanding
 section  one  hundred  twelve  of  the  state  finance law and any other
 contrary provision of law, for the purpose of supporting grants  not  to
 exceed  five  million  dollars  to be made by the commissioner without a
 competitive bid or request for  proposal  process,  in  support  of  the
 delivery  of  critically  needed  health  care  services, to health care
 providers located in the counties of Erie and Niagara which  executed  a
 memorandum of closing and conducted a merger closing in escrow on Novem-
 ber  twenty-fourth, nineteen hundred ninety-seven and which entered into
 a settlement dated December thirtieth, two thousand four for a  loss  on
 disposal  of  assets  under the provisions of title XVIII of the federal
 social security act applicable to mergers occurring  prior  to  December
 first, nineteen hundred ninety-seven.
   (zz)  Funds  shall  be  reserved and accumulated from year to year and
 shall be available, within amounts  appropriated,  for  the  purpose  of
 supporting  expenditures  authorized  pursuant  to  section twenty-eight
 hundred eighteen of this article from the tobacco control and  insurance
 initiatives  pool established for the following periods in the following
 amounts:
   (i) six million five hundred thousand dollars for the  period  January
 first,  two  thousand  five  through December thirty-first, two thousand
 five;
   (ii) one hundred eight million three hundred thousand dollars for  the
 period  January  first,  two thousand six through December thirty-first,
 two thousand six, provided, however, that within amounts appropriated in
 the two thousand six through two thousand seven  state  fiscal  year,  a
 portion  of  such  funds  may  be transferred to the Roswell Park Cancer
 Institute Corporation to fund capital costs;
 A. 3007--B                         83
 
   (iii) one hundred seventy-one million dollars for the  period  January
 first,  two  thousand  seven through December thirty-first, two thousand
 seven, provided, however, that within amounts appropriated  in  the  two
 thousand  six through two thousand seven state fiscal year, a portion of
 such  funds  may  be  transferred  to  the Roswell Park Cancer Institute
 Corporation to fund capital costs;
   (iv) one hundred seventy-one million five hundred thousand dollars for
 the period January first, two thousand eight  through  December  thirty-
 first, two thousand eight;
   (v)  one  hundred  twenty-eight  million  seven hundred fifty thousand
 dollars for the period January first, two thousand nine through December
 thirty-first, two thousand nine;
   (vi) one hundred thirty-one million three hundred  seventy-five  thou-
 sand  dollars  for  the  period  January first, two thousand ten through
 December thirty-first, two thousand ten;
   (vii) thirty-four million two hundred fifty thousand dollars  for  the
 period  January  first,  two thousand eleven through March thirty-first,
 two thousand eleven;
   (viii) four hundred thirty-three million three hundred sixty-six thou-
 sand dollars for the period April first,  two  thousand  eleven  through
 March thirty-first, two thousand twelve;
   (ix)  one hundred fifty million eight hundred six thousand dollars for
 the period April first, two thousand twelve through March  thirty-first,
 two thousand thirteen;
   (x)  seventy-eight million seventy-one thousand dollars for the period
 April first, two thousand thirteen through March thirty-first, two thou-
 sand fourteen.
   (aaa) Funds shall be reserved and accumulated from year  to  year  and
 shall  be  available, including income from invested funds, for services
 and expenses related to school based health centers, in an amount up  to
 three  million five hundred thousand dollars for the period April first,
 two thousand six through March thirty-first, two thousand seven,  up  to
 three  million five hundred thousand dollars for the period April first,
 two thousand seven through March thirty-first, two thousand eight, up to
 three million five hundred thousand dollars for the period April  first,
 two  thousand eight through March thirty-first, two thousand nine, up to
 three million five hundred thousand dollars for the period April  first,
 two  thousand  nine  through March thirty-first, two thousand ten, up to
 three million five hundred thousand dollars for the period April  first,
 two  thousand ten through March thirty-first, two thousand eleven, up to
 two million eight hundred thousand dollars each state  fiscal  year  for
 the  period April first, two thousand eleven through March thirty-first,
 two thousand fourteen, up to two million six hundred forty-four thousand
 dollars each state fiscal year for the period April first, two  thousand
 fourteen  through  March thirty-first, two thousand seventeen, up to two
 million six hundred forty-four thousand dollars each state  fiscal  year
 for  the  period April first, two thousand seventeen through March thir-
 ty-first, two thousand twenty, [and]  up  to  two  million  six  hundred
 forty-four  thousand dollars each state fiscal year for the period April
 first, two thousand twenty  through  March  thirty-first,  two  thousand
 twenty-three,  AND  UP  TO  TWO  MILLION SIX HUNDRED FORTY-FOUR THOUSAND
 DOLLARS EACH STATE FISCAL YEAR FOR THE PERIOD APRIL FIRST, TWO  THOUSAND
 TWENTY-THREE  THROUGH  MARCH THIRTY-FIRST, TWO THOUSAND TWENTY-SIX.  The
 total amount of funds provided herein shall  be  distributed  as  grants
 based  on the ratio of each provider's total enrollment for all sites to
 A. 3007--B                         84
 
 the total enrollment of all providers. This formula shall be applied  to
 the total amount provided herein.
   (bbb)  Funds  shall  be reserved and accumulated from year to year and
 shall be available, including income from invested funds,  for  purposes
 of  awarding  grants  to  operators  of  adult  homes,  enriched housing
 programs and residences through the enhancing abilities and life experi-
 ence (EnAbLe) program to provide for  the  installation,  operation  and
 maintenance  of air conditioning in resident rooms, consistent with this
 paragraph, in an amount up to two million dollars for the  period  April
 first,  two thousand six through March thirty-first, two thousand seven,
 up to three million eight hundred thousand dollars for the period  April
 first,  two  thousand  seven  through  March  thirty-first, two thousand
 eight, up to three million eight hundred thousand dollars for the period
 April first, two thousand eight through March thirty-first, two thousand
 nine, up to three million eight hundred thousand dollars for the  period
 April  first, two thousand nine through March thirty-first, two thousand
 ten, and up to three million eight  hundred  thousand  dollars  for  the
 period  April  first,  two  thousand ten through March thirty-first, two
 thousand eleven. Residents shall not be charged utility cost for the use
 of air conditioners supplied under the  EnAbLe  program.  All  such  air
 conditioners must be operated in occupied resident rooms consistent with
 requirements applicable to common areas.
   (ccc)  Funds  shall  be  deposited by the commissioner, within amounts
 appropriated,  and  the  state  comptroller  is  hereby  authorized  and
 directed  to  receive for the deposit to the credit of the state special
 revenue funds - other, HCRA transfer fund, medical  assistance  account,
 or  any  successor  fund  or  account, for purposes of funding the state
 share of increases in the rates for certified home health agencies, long
 term home  health  care  programs,  AIDS  home  care  programs,  hospice
 programs and managed long term care plans and approved managed long term
 care  operating  demonstrations as defined in section forty-four hundred
 three-f of this chapter for recruitment and  retention  of  health  care
 workers  pursuant  to  subdivisions  nine  and ten of section thirty-six
 hundred fourteen of this chapter from the tobacco control and  insurance
 initiatives  pool established for the following periods in the following
 amounts:
   (i) twenty-five million dollars for the period June first,  two  thou-
 sand six through December thirty-first, two thousand six;
   (ii)  fifty million dollars for the period January first, two thousand
 seven through December thirty-first, two thousand seven;
   (iii) fifty million dollars for the period January first, two thousand
 eight through December thirty-first, two thousand eight;
   (iv) fifty million dollars for the period January first, two  thousand
 nine through December thirty-first, two thousand nine;
   (v)  fifty  million dollars for the period January first, two thousand
 ten through December thirty-first, two thousand ten;
   (vi) twelve million five hundred thousand dollars for the period Janu-
 ary first, two thousand eleven through March thirty-first, two  thousand
 eleven;
   (vii) up to fifty million dollars each state fiscal year for the peri-
 od  April  first,  two  thousand  eleven through March thirty-first, two
 thousand fourteen;
   (viii) up to fifty million dollars each  state  fiscal  year  for  the
 period  April  first,  two thousand fourteen through March thirty-first,
 two thousand seventeen;
 A. 3007--B                         85
 
   (ix) up to fifty million dollars each state fiscal year for the period
 April first, two thousand  seventeen  through  March  thirty-first,  two
 thousand twenty; [and]
   (x)  up to fifty million dollars each state fiscal year for the period
 April first, two thousand twenty through March thirty-first,  two  thou-
 sand twenty-three; AND
   (XI) UP TO FIFTY MILLION DOLLARS EACH STATE FISCAL YEAR FOR THE PERIOD
 APRIL  FIRST,  TWO THOUSAND TWENTY-THREE THROUGH MARCH THIRTY-FIRST, TWO
 THOUSAND TWENTY-SIX.
   (ddd) Funds shall be deposited by  the  commissioner,  within  amounts
 appropriated,  and  the  state  comptroller  is  hereby  authorized  and
 directed to receive for the deposit to the credit of the  state  special
 revenue  funds  - other, HCRA transfer fund, medical assistance account,
 or any successor fund or account, for  purposes  of  funding  the  state
 share  of  increases  in  the medical assistance rates for providers for
 purposes of enhancing the provision, quality and/or efficiency  of  home
 care  services  pursuant  to  subdivision  eleven  of section thirty-six
 hundred fourteen of this chapter from the tobacco control and  insurance
 initiatives  pool  established for the following period in the amount of
 eight million dollars for the  period  April  first,  two  thousand  six
 through December thirty-first, two thousand six.
   (eee)  Funds  shall  be reserved and accumulated from year to year and
 shall be available, including income from invested funds, to the  Center
 for  Functional  Genomics at the State University of New York at Albany,
 for the purposes of the Adirondack  network  for  cancer  education  and
 research  in rural communities grant program to improve access to health
 care and shall be made available from the tobacco control and  insurance
 initiatives  pool  established for the following period in the amount of
 up to five million dollars for the period January  first,  two  thousand
 six through December thirty-first, two thousand six.
   (fff)  Funds  shall  be  made  available to the empire state stem cell
 trust fund established by section ninety-nine-p of the state finance law
 within amounts appropriated up to fifty  million  dollars  annually  and
 shall not exceed five hundred million dollars in total.
   (ggg)  Funds  shall  be  deposited by the commissioner, within amounts
 appropriated,  and  the  state  comptroller  is  hereby  authorized  and
 directed  to  receive  for  deposit  to  the credit of the state special
 revenue fund - other, HCRA transfer fund, medical assistance account, or
 any successor fund or account, for the purpose of supporting  the  state
 share  of  Medicaid  expenditures  for  hospital translation services as
 authorized pursuant to paragraph (k) of subdivision one of section twen-
 ty-eight hundred seven-c of this article from the  tobacco  control  and
 initiatives  pool established for the following periods in the following
 amounts:
   (i) sixteen million dollars for the period July  first,  two  thousand
 eight through December thirty-first, two thousand eight; and
   (ii)  fourteen  million  seven hundred thousand dollars for the period
 January first, two thousand nine through November thirtieth,  two  thou-
 sand nine.
   (hhh)  Funds  shall  be  deposited by the commissioner, within amounts
 appropriated,  and  the  state  comptroller  is  hereby  authorized  and
 directed  to  receive  for  deposit  to  the credit of the state special
 revenue fund - other, HCRA transfer fund, medical assistance account, or
 any successor fund or account, for the purpose of supporting  the  state
 share  of  Medicaid  expenditures  for adjustments to inpatient rates of
 payment for general hospitals located in  the  counties  of  Nassau  and
 A. 3007--B                         86
 
 Suffolk  as  authorized  pursuant to paragraph (l) of subdivision one of
 section twenty-eight hundred seven-c of this article  from  the  tobacco
 control  and  initiatives  pool established for the following periods in
 the following amounts:
   (i)  two  million  five  hundred thousand dollars for the period April
 first, two thousand eight through December  thirty-first,  two  thousand
 eight; and
   (ii) two million two hundred ninety-two thousand dollars for the peri-
 od  January  first,  two  thousand  nine through November thirtieth, two
 thousand nine.
   (iii) Funds shall be reserved and set aside and accumulated from  year
 to  year  and  shall be made available, including income from investment
 funds, for the purpose of supporting the New York state  medical  indem-
 nity  fund as authorized pursuant to title four of article twenty-nine-D
 of this chapter, for the following periods and in the following amounts,
 provided, however, that the commissioner is authorized  to  seek  waiver
 authority  from  the  federal  centers for medicare and Medicaid for the
 purpose of securing Medicaid federal financial  participation  for  such
 program, in which case the funding authorized pursuant to this paragraph
 shall be utilized as the non-federal share for such payments:
   Thirty million dollars for the period April first, two thousand eleven
 through March thirty-first, two thousand twelve.
   2.  (a)  For  periods  prior  to January first, two thousand five, the
 commissioner is authorized to  contract  with  the  article  forty-three
 insurance law plans, or such other contractors as the commissioner shall
 designate,  to receive and distribute funds from the tobacco control and
 insurance initiatives pool established pursuant to this section. In  the
 event  contracts  with  the  article  forty-three insurance law plans or
 other commissioner's designees are effectuated, the  commissioner  shall
 conduct annual audits of the receipt and distribution of such funds. The
 reasonable  costs  and  expenses  of an administrator as approved by the
 commissioner, not to exceed for personnel services on  an  annual  basis
 five  hundred thousand dollars, for collection and distribution of funds
 pursuant to this section shall be paid from such funds.
   (b) Notwithstanding any inconsistent provision of section one  hundred
 twelve  or one hundred sixty-three of the state finance law or any other
 law, at the discretion of the commissioner without a competitive bid  or
 request  for proposal process, contracts in effect for administration of
 pools established pursuant to  sections  twenty-eight  hundred  seven-k,
 twenty-eight  hundred  seven-l  and twenty-eight hundred seven-m of this
 article for the  period  January  first,  nineteen  hundred  ninety-nine
 through  December  thirty-first,  nineteen  hundred  ninety-nine  may be
 extended to provide for administration pursuant to this section and  may
 be amended as may be necessary.
   §  13.  Paragraph (a) of subdivision 12 of section 367-b of the social
 services law, as amended by section 15 of part Y of chapter  56  of  the
 laws of 2020, is amended to read as follows:
   (a) For the purpose of regulating cash flow for general hospitals, the
 department  shall develop and implement a payment methodology to provide
 for timely payments for inpatient hospital services  eligible  for  case
 based  payments per discharge based on diagnosis-related groups provided
 during the period January first, nineteen hundred  eighty-eight  through
 March  thirty-first  two  thousand  [twenty-three]  TWENTY-SIX,  by such
 hospitals which elect to participate in the system.
   § 14. Paragraph (r) of subdivision 9 of section  3614  of  the  public
 health  law,  as added by section 16 of part Y of chapter 56 of the laws
 A. 3007--B                         87
 
 of 2020, is amended and three new paragraphs (s), (t) and (u) are  added
 to read as follows:
   (r)  for the period April first, two thousand twenty-two through March
 thirty-first, two thousand  twenty-three,  up  to  one  hundred  million
 dollars[.];
   (S)  FOR  THE  PERIOD  APRIL  FIRST, TWO THOUSAND TWENTY-THREE THROUGH
 MARCH THIRTY-FIRST, TWO THOUSAND TWENTY-FOUR, UP TO ONE HUNDRED  MILLION
 DOLLARS;
   (T) FOR THE PERIOD APRIL FIRST, TWO THOUSAND TWENTY-FOUR THROUGH MARCH
 THIRTY-FIRST,  TWO  THOUSAND  TWENTY-FIVE,  UP  TO  ONE  HUNDRED MILLION
 DOLLARS;
   (U) FOR THE PERIOD APRIL FIRST, TWO THOUSAND TWENTY-FIVE THROUGH MARCH
 THIRTY-FIRST,  TWO  THOUSAND  TWENTY-SIX,  UP  TO  ONE  HUNDRED  MILLION
 DOLLARS.
   §  15.  Paragraph  (v) of subdivision 1 of section 367-q of the social
 services law, as added by section 17 of part Y of chapter 56 of the laws
 of 2020, is amended and three new paragraphs (w), (x) and (y) are  added
 to read as follows:
   (v)  for the period April first, two thousand twenty-two through March
 thirty-first, two thousand twenty-three, up to twenty-eight million five
 hundred thousand dollars[.];
   (W) FOR THE PERIOD APRIL  FIRST,  TWO  THOUSAND  TWENTY-THREE  THROUGH
 MARCH THIRTY-FIRST, TWO THOUSAND TWENTY-FOUR, UP TO TWENTY-EIGHT MILLION
 FIVE HUNDRED THOUSAND DOLLARS;
   (X) FOR THE PERIOD APRIL FIRST, TWO THOUSAND TWENTY-FOUR THROUGH MARCH
 THIRTY-FIRST,  TWO THOUSAND TWENTY-FIVE, UP TO TWENTY-EIGHT MILLION FIVE
 HUNDRED THOUSAND DOLLARS;
   (Y) FOR THE PERIOD APRIL FIRST, TWO THOUSAND TWENTY-FIVE THROUGH MARCH
 THIRTY-FIRST, TWO THOUSAND TWENTY-SIX, UP TO TWENTY-EIGHT  MILLION  FIVE
 HUNDRED THOUSAND DOLLARS.
   §  16. This act shall take effect April 1, 2023; provided, however, if
 this act shall become a law after such date it shall take  effect  imme-
 diately and shall be deemed to have been in full force and effect on and
 after April 1, 2023; and further provided, that:
   (a)  the amendments to sections 2807-j and 2807-s of the public health
 law made by sections two, eight, nine, and ten of  this  act  shall  not
 affect the expiration of such sections and shall expire therewith;
   (b)  the  amendments  to subdivision 6 of section 2807-t of the public
 health law made by section eleven of this act shall not affect the expi-
 ration of such section and shall be deemed to expire therewith; and
   (c) the amendments to paragraph (i-1)  of  subdivision  1  of  section
 2807-v of the public health law made by section twelve of this act shall
 not  affect  the  repeal  of such paragraph and shall be deemed repealed
 therewith.
 
                                  PART D
 
                           Intentionally Omitted
 
                                  PART E
 
   Section 1.  Subdivision 5-d of section 2807-k  of  the  public  health
 law,  as  amended  by  section 3 of part KK of chapter 56 of the laws of
 2020, is amended to read as follows:
 A. 3007--B                         88
 
   5-d. (a) Notwithstanding any inconsistent provision of  this  section,
 section  twenty-eight  hundred  seven-w  of  this  article  or any other
 contrary provision of law, and subject to the  availability  of  federal
 financial  participation,  for  periods  on and after January first, two
 thousand twenty, through March thirty-first, two thousand [twenty-three]
 TWENTY-SIX,  all  funds  available  for  distribution  pursuant  to this
 section, except for funds distributed pursuant to [subparagraph (v)  of]
 paragraph  (b)  of  subdivision  five-b  of  this section, and all funds
 available for distribution  pursuant  to  section  twenty-eight  hundred
 seven-w of this article, shall be reserved and set aside and distributed
 in accordance with the provisions of this subdivision.
   (b)  The commissioner shall promulgate regulations, and may promulgate
 emergency regulations, establishing methodologies for  the  distribution
 of  funds  as  described  in  paragraph (a) of this subdivision and such
 regulations shall include, but not be limited to, the following:
   (i) Such regulations shall  establish  methodologies  for  determining
 each  facility's  relative uncompensated care need amount based on unin-
 sured inpatient and outpatient units of service from the cost  reporting
 year  two years prior to the distribution year, multiplied by the appli-
 cable medicaid rates in effect January first of the  distribution  year,
 as summed and adjusted by a statewide cost adjustment factor and reduced
 by  the  sum  of  all  payment  amounts  collected  from  such uninsured
 patients, and as further adjusted  by  application  of  a  nominal  need
 computation  that shall take into account each facility's medicaid inpa-
 tient share.
   (ii) Annual distributions pursuant to such  regulations  for  the  two
 thousand  twenty  through two thousand [twenty-two] TWENTY-FIVE calendar
 years shall be in accord with the following:
   (A) one hundred thirty-nine  million  four  hundred  thousand  dollars
 shall be distributed as Medicaid Disproportionate Share Hospital ("DSH")
 payments to major public general hospitals; and
   (B)  nine  hundred sixty-nine million nine hundred thousand dollars as
 Medicaid DSH payments to eligible general hospitals,  other  than  major
 public general hospitals.
   For  the calendar years two thousand twenty through two thousand twen-
 ty-two, the total distributions to  eligible  general  hospitals,  other
 than  major  public  general hospitals, shall be subject to an aggregate
 reduction of one hundred fifty million dollars annually,  provided  that
 eligible  general  hospitals, other than major public general hospitals,
 that qualify as enhanced safety net hospitals under section two thousand
 eight hundred seven-c of this article  shall  not  be  subject  to  such
 reduction.
   FOR  THE CALENDAR YEARS TWO THOUSAND TWENTY-THREE THROUGH TWO THOUSAND
 TWENTY-FIVE, THE TOTAL  DISTRIBUTIONS  TO  ELIGIBLE  GENERAL  HOSPITALS,
 OTHER THAN MAJOR PUBLIC GENERAL HOSPITALS, SHALL BE SUBJECT TO AN AGGRE-
 GATE  REDUCTION  OF ONE HUNDRED FIFTY MILLION DOLLARS ANNUALLY, PROVIDED
 THAT ELIGIBLE GENERAL HOSPITALS, OTHER THAN MAJOR PUBLIC GENERAL  HOSPI-
 TALS  THAT  QUALIFY  AS  ENHANCED SAFETY NET HOSPITALS UNDER SECTION TWO
 THOUSAND EIGHT HUNDRED SEVEN-C OF THIS ARTICLE AS OF  APRIL  FIRST,  TWO
 THOUSAND TWENTY, SHALL NOT BE SUBJECT TO SUCH REDUCTION.
   Such  reduction shall be determined by a methodology to be established
 by the commissioner. Such methodology may take into  account  the  payor
 mix  of  each  non-public  general hospital, including the percentage of
 inpatient days paid by Medicaid.
   (iii) For calendar years two  thousand  twenty  through  two  thousand
 [twenty-two]   TWENTY-FIVE,  sixty-four  million  six  hundred  thousand
 A. 3007--B                         89
 
 dollars shall be distributed to eligible general hospitals,  other  than
 major  public general hospitals, that experience a reduction in indigent
 care pool payments pursuant to this subdivision,  and  that  qualify  as
 enhanced  safety  net hospitals under section two thousand eight hundred
 seven-c of this article as of April first,  two  thousand  twenty.  Such
 distribution shall be established pursuant to regulations promulgated by
 the  commissioner and shall be proportional to the reduction experienced
 by the facility.
   (iv) Such regulations shall reserve one percent of the funds available
 for distribution in the two thousand fourteen and two  thousand  fifteen
 calendar  years,  and  for  calendar  years thereafter, pursuant to this
 subdivision, subdivision  fourteen-f  of  section  twenty-eight  hundred
 seven-c of this article, and sections two hundred eleven and two hundred
 twelve  of  chapter  four  hundred  seventy-four of the laws of nineteen
 hundred ninety-six, in a  "financial  assistance  compliance  pool"  and
 shall establish methodologies for the distribution of such pool funds to
 facilities  based  on  their  level  of compliance, as determined by the
 commissioner, with the provisions of subdivision nine-a of this section.
   (c) The commissioner shall annually report to  the  governor  and  the
 legislature  on the distribution of funds under this subdivision includ-
 ing, but not limited to:
   (i) the impact on safety net providers, including community providers,
 rural general hospitals and major public general hospitals;
   (ii) the provision of indigent care by units  of  services  and  funds
 distributed by general hospitals; and
   (iii) the extent to which access to care has been enhanced.
   § 2. Intentionally omitted.
   § 3. Intentionally omitted.
   §  4.  The opening paragraph of subdivision (g) of section 2826 of the
 public health law, as amended by section 3 of part M of  chapter  57  of
 the laws of 2022, is amended to read as follows:
   Notwithstanding  subdivision  (a)  of this section, and within amounts
 appropriated for such purposes as described herein, [for the  period  of
 April  first,  two  thousand  twenty-two through March thirty-first, two
 thousand twenty-three,] the commissioner may award a  temporary  adjust-
 ment  to the non-capital components of rates, or make temporary lump-sum
 Medicaid payments to eligible facilities in severe financial distress to
 enable such facilities to maintain operations and vital  services  while
 such  facilities  establish  long  term solutions to achieve sustainable
 health services. Provided, however, the commissioner  is  authorized  to
 make such a temporary adjustment or make such temporary lump sum payment
 only  pursuant  to criteria, AN APPLICATION, AND an evaluation process[,
 and transformation plan] acceptable to the commissioner in  consultation
 with  the  director  of the division of the budget. The department shall
 publish on its website the criteria, APPLICATION, AND evaluation process
 [and guidance for transformation plans] and notification  of  any  award
 recipients.
   §  5.  Subparagraph (F) of paragraph (i) of subdivision (g) of section
 2826 of the public health law, as amended by section  3  of  part  M  of
 chapter 57 of the laws of 2022, is amended to read as follows:
   (F)  an independent practice association or accountable care organiza-
 tion authorized under applicable regulations that participate in managed
 care provider network arrangements with any of  the  provider  types  in
 subparagraphs  (A)  through (F) of this paragraph; OR AN ENTITY THAT WAS
 FORMED AS A PREFERRED PROVIDER SYSTEM PURSUANT TO  THE  DELIVERY  SYSTEM
 REFORM  INCENTIVE PAYMENT (DSRIP) PROGRAM AND COLLABORATED WITH AN INDE-
 A. 3007--B                         90

 PENDENT PRACTICE ASSOCIATION THAT RECEIVED VBP INNOVATOR STATUS FROM THE
 DEPARTMENT FOR PURPOSES OF MEETING  DSRIP  GOALS,  AND  WHICH  PREFERRED
 PROVIDER SYSTEM REMAINS OPERATIONAL AS AN INTEGRATED CARE SYSTEM.
   §  6.  The  opening  paragraph of paragraph (ii) of subdivision (g) of
 section 2826 of the public health law, as added by section 6 of  part  J
 of chapter 60 of the laws of 2015, is amended to read as follows:
   Eligible  applicants  must  demonstrate  that without such award, they
 will be in severe financial distress [through  March  thirty-first,  two
 thousand sixteen], as evidenced by:
   §  7.  Subparagraph (A), the opening paragraph of subparagraph (E) and
 subparagraph (F) of paragraph (iii) of subdivision (g) of  section  2826
 of  the public health law, as added by section 6 of part J of chapter 60
 of the laws of 2015, are amended to read as follows:
   (A) [Applications under this subdivision]  ELIGIBLE  APPLICANTS  shall
 [include  a  multi-year  transformation  plan  that  is aligned with the
 delivery system reform incentive payment  ("DSRIP")  program  goals  and
 objectives.  Such plan shall be approved by] SUBMIT A COMPLETED APPLICA-
 TION TO the department [and shall demonstrate a path towards  long  term
 sustainability and improved patient care].
   The  department  shall review all applications under this subdivision,
 and [a] determine:
   (F) After review of all applications under  this  subdivision,  and  a
 determination of the aggregate amount of requested funds, the department
 [shall]  MAY make awards to eligible applicants; provided, however, that
 such awards may be in an amount lower than such requested funding, on  a
 per applicant or aggregate basis.
   §  8.  Paragraph  (v) of subdivision (g) of section 2826 of the public
 health law, as added by section 6 of part J of chapter 60 of the laws of
 2015, is amended to read as follows:
   (v) Payments made to awardees pursuant to this subdivision [shall  be]
 THAT  ARE  made on a monthly basis[. Such payments] will be based on the
 applicant's actual monthly financial performance during such period  and
 the  reasonable  cash  amount  necessary  to  sustain operations for the
 following month. The applicant's monthly financial performance shall  be
 measured  by  such  applicant's  monthly financial and activity reports,
 which shall include, but not be limited to, actual revenue and  expenses
 for  the  prior  month,  projected  cash need for the current month, and
 projected cash need for the following month.
   § 9. Part I of chapter 57 of the laws of 2022 relating to providing  a
 one percent across the board payment increase to all qualifying fee-for-
 service  Medicaid  rates, is amended by adding a new section 1-a to read
 as follows:
   § 1-A. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY,  FOR  THE
 STATE  FISCAL  YEARS  BEGINNING  APRIL 1, 2023, AND THEREAFTER, MEDICAID
 PAYMENTS MADE FOR THE OPERATING COMPONENT OF HOSPITAL INPATIENT SERVICES
 SHALL BE SUBJECT TO A UNIFORM RATE INCREASE OF TEN PERCENT  IN  ADDITION
 TO  THE  INCREASE  CONTAINED  IN SECTION ONE OF THIS ACT, SUBJECT TO THE
 APPROVAL OF THE COMMISSIONER OF HEALTH AND THE DIRECTOR OF  THE  BUDGET.
 SUCH RATE INCREASE SHALL BE SUBJECT TO FEDERAL FINANCIAL PARTICIPATION.
   §  10. This act shall take effect immediately; provided, however, that
 sections four, five, six, seven, eight, and nine of this  act  shall  be
 deemed to have been in full force and effect on and after April 1, 2023;
 and provided, further, that the amendments to subdivision 5-d of section
 2807-k  of  the  public health law made by section one of this act shall
 not affect the expiration and reversion of such subdivision and shall be
 deemed repealed therewith.
 A. 3007--B                         91
 
                                  PART F
 
   Section 1. Paragraph (a) of subdivision 1 of section 18 of chapter 266
 of the laws of 1986, amending the civil practice law and rules and other
 laws  relating  to  malpractice  and  professional  medical  conduct, as
 amended by section 1 of part Z of chapter 57 of the  laws  of  2022,  is
 amended to read as follows:
   (a)  The  superintendent of financial services and the commissioner of
 health or their designee shall, from funds  available  in  the  hospital
 excess liability pool created pursuant to subdivision 5 of this section,
 purchase  a policy or policies for excess insurance coverage, as author-
 ized by paragraph 1 of subsection (e) of section 5502 of  the  insurance
 law; or from an insurer, other than an insurer described in section 5502
 of the insurance law, duly authorized to write such coverage and actual-
 ly  writing  medical  malpractice  insurance  in  this  state;  or shall
 purchase equivalent excess coverage in a form previously approved by the
 superintendent of financial services for purposes  of  providing  equiv-
 alent  excess  coverage  in accordance with section 19 of chapter 294 of
 the laws of 1985, for medical or dental malpractice occurrences  between
 July  1, 1986 and June 30, 1987, between July 1, 1987 and June 30, 1988,
 between July 1, 1988 and June 30, 1989, between July 1,  1989  and  June
 30,  1990,  between July 1, 1990 and June 30, 1991, between July 1, 1991
 and June 30, 1992, between July 1, 1992 and June 30, 1993, between  July
 1,  1993  and  June  30,  1994,  between July 1, 1994 and June 30, 1995,
 between July 1, 1995 and June 30, 1996, between July 1,  1996  and  June
 30,  1997,  between July 1, 1997 and June 30, 1998, between July 1, 1998
 and June 30, 1999, between July 1, 1999 and June 30, 2000, between  July
 1,  2000  and  June  30,  2001,  between July 1, 2001 and June 30, 2002,
 between July 1, 2002 and June 30, 2003, between July 1,  2003  and  June
 30,  2004,  between July 1, 2004 and June 30, 2005, between July 1, 2005
 and June 30, 2006, between July 1, 2006 and June 30, 2007, between  July
 1,  2007  and  June  30,  2008,  between July 1, 2008 and June 30, 2009,
 between July 1, 2009 and June 30, 2010, between July 1,  2010  and  June
 30,  2011,  between July 1, 2011 and June 30, 2012, between July 1, 2012
 and June 30, 2013, between July 1, 2013 and June 30, 2014, between  July
 1,  2014  and  June  30,  2015,  between July 1, 2015 and June 30, 2016,
 between July 1, 2016 and June 30, 2017, between July 1,  2017  and  June
 30,  2018,  between July 1, 2018 and June 30, 2019, between July 1, 2019
 and June 30, 2020, between July 1, 2020 and June 30, 2021, between  July
 1, 2021 and June 30, 2022, [and] between July 1, 2022 and June 30, 2023,
 AND  BETWEEN  JULY  1,  2023 AND JUNE 30, 2024 or reimburse the hospital
 where the hospital purchases equivalent excess coverage  as  defined  in
 subparagraph (i) of paragraph (a) of subdivision 1-a of this section for
 medical  or dental malpractice occurrences between July 1, 1987 and June
 30, 1988, between July 1, 1988 and June 30, 1989, between July  1,  1989
 and  June 30, 1990, between July 1, 1990 and June 30, 1991, between July
 1, 1991 and June 30, 1992, between July  1,  1992  and  June  30,  1993,
 between  July  1,  1993 and June 30, 1994, between July 1, 1994 and June
 30, 1995, between July 1, 1995 and June 30, 1996, between July  1,  1996
 and  June 30, 1997, between July 1, 1997 and June 30, 1998, between July
 1, 1998 and June 30, 1999, between July  1,  1999  and  June  30,  2000,
 between  July  1,  2000 and June 30, 2001, between July 1, 2001 and June
 30, 2002, between July 1, 2002 and June 30, 2003, between July  1,  2003
 and  June 30, 2004, between July 1, 2004 and June 30, 2005, between July
 1, 2005 and June 30, 2006, between July  1,  2006  and  June  30,  2007,
 between  July  1,  2007 and June 30, 2008, between July 1, 2008 and June
 A. 3007--B                         92
 
 30, 2009, between July 1, 2009 and June 30, 2010, between July  1,  2010
 and  June 30, 2011, between July 1, 2011 and June 30, 2012, between July
 1, 2012 and June 30, 2013, between July  1,  2013  and  June  30,  2014,
 between  July  1,  2014 and June 30, 2015, between July 1, 2015 and June
 30, 2016, between July 1, 2016 and June 30, 2017, between July  1,  2017
 and  June 30, 2018, between July 1, 2018 and June 30, 2019, between July
 1, 2019 and June 30, 2020, between July  1,  2020  and  June  30,  2021,
 between  July  1, 2021 and June 30, 2022, [and] between July 1, 2022 and
 June 30, 2023, AND BETWEEN JULY 1, 2023 AND JUNE 30, 2024 for physicians
 or dentists certified as eligible for each such period or periods pursu-
 ant to subdivision 2 of this section  by  a  general  hospital  licensed
 pursuant to article 28 of the public health law; provided that no single
 insurer  shall write more than fifty percent of the total excess premium
 for a given policy year;  and  provided,  however,  that  such  eligible
 physicians  or dentists must have in force an individual policy, from an
 insurer licensed in this state of primary malpractice insurance coverage
 in amounts of no less than one million three  hundred  thousand  dollars
 for  each  claimant  and three million nine hundred thousand dollars for
 all claimants under that policy during the period of such excess  cover-
 age  for  such occurrences or be endorsed as additional insureds under a
 hospital professional liability policy which is offered through a volun-
 tary attending physician ("channeling") program previously permitted  by
 the  superintendent  of  financial  services  during  the period of such
 excess coverage for such occurrences. During such  period,  such  policy
 for  excess  coverage  or  such  equivalent  excess coverage shall, when
 combined with the physician's or dentist's primary malpractice insurance
 coverage or coverage provided through a  voluntary  attending  physician
 ("channeling")  program,  total  an aggregate level of two million three
 hundred thousand dollars for each claimant and six million nine  hundred
 thousand  dollars  for all claimants from all such policies with respect
 to occurrences in each of such years provided, however, if the  cost  of
 primary malpractice insurance coverage in excess of one million dollars,
 but  below  the  excess  medical malpractice insurance coverage provided
 pursuant to this act, exceeds the rate of nine percent per  annum,  then
 the  required  level of primary malpractice insurance coverage in excess
 of one million dollars for each claimant shall be in an  amount  of  not
 less  than  the dollar amount of such coverage available at nine percent
 per annum; the required level of such coverage for all  claimants  under
 that  policy  shall be in an amount not less than three times the dollar
 amount of coverage for each claimant; and excess coverage, when combined
 with such primary malpractice insurance  coverage,  shall  increase  the
 aggregate  level  for  each  claimant  by  one million dollars and three
 million dollars for all claimants;  and  provided  further,  that,  with
 respect to policies of primary medical malpractice coverage that include
 occurrences  between  April  1, 2002 and June 30, 2002, such requirement
 that coverage be in amounts no less than one million three hundred thou-
 sand dollars for each claimant and three million nine  hundred  thousand
 dollars  for all claimants for such occurrences shall be effective April
 1, 2002.
   § 2. Subdivision 3 of section 18 of chapter 266 of the laws  of  1986,
 amending  the  civil  practice  law and rules and other laws relating to
 malpractice and professional medical conduct, as amended by section 2 of
 part Z of chapter 57 of the laws of 2022, is amended to read as follows:
   (3)(a) The superintendent of financial services  shall  determine  and
 certify  to  each general hospital and to the commissioner of health the
 cost of excess malpractice insurance for medical or  dental  malpractice
 A. 3007--B                         93
 
 occurrences between July 1, 1986 and June 30, 1987, between July 1, 1988
 and  June 30, 1989, between July 1, 1989 and June 30, 1990, between July
 1, 1990 and June 30, 1991, between July  1,  1991  and  June  30,  1992,
 between  July  1,  1992 and June 30, 1993, between July 1, 1993 and June
 30, 1994, between July 1, 1994 and June 30, 1995, between July  1,  1995
 and  June 30, 1996, between July 1, 1996 and June 30, 1997, between July
 1, 1997 and June 30, 1998, between July  1,  1998  and  June  30,  1999,
 between  July  1,  1999 and June 30, 2000, between July 1, 2000 and June
 30, 2001, between July 1, 2001 and June 30, 2002, between July  1,  2002
 and  June 30, 2003, between July 1, 2003 and June 30, 2004, between July
 1, 2004 and June 30, 2005, between July  1,  2005  and  June  30,  2006,
 between  July  1,  2006 and June 30, 2007, between July 1, 2007 and June
 30, 2008, between July 1, 2008 and June 30, 2009, between July  1,  2009
 and  June 30, 2010, between July 1, 2010 and June 30, 2011, between July
 1, 2011 and June 30, 2012, between July  1,  2012  and  June  30,  2013,
 between  July  1,  2013 and June 30, 2014, between July 1, 2014 and June
 30, 2015, between July 1, 2015 and June 30, 2016, between July  1,  2016
 and  June 30, 2017, between July 1, 2017 and June 30, 2018, between July
 1, 2018 and June 30, 2019, between July  1,  2019  and  June  30,  2020,
 between  July  1,  2020 and June 30, 2021, between July 1, 2021 and June
 30, 2022, [and] between July 1, 2022 and June 30, 2023, AND BETWEEN JULY
 1, 2023 AND JUNE 30, 2024 allocable to each general hospital for  physi-
 cians  or  dentists  certified  as eligible for purchase of a policy for
 excess insurance coverage by such general hospital  in  accordance  with
 subdivision  2  of  this  section,  and may amend such determination and
 certification as necessary.
   (b) The superintendent  of  financial  services  shall  determine  and
 certify  to  each general hospital and to the commissioner of health the
 cost of excess malpractice insurance or equivalent excess  coverage  for
 medical  or dental malpractice occurrences between July 1, 1987 and June
 30, 1988, between July 1, 1988 and June 30, 1989, between July  1,  1989
 and  June 30, 1990, between July 1, 1990 and June 30, 1991, between July
 1, 1991 and June 30, 1992, between July  1,  1992  and  June  30,  1993,
 between  July  1,  1993 and June 30, 1994, between July 1, 1994 and June
 30, 1995, between July 1, 1995 and June 30, 1996, between July  1,  1996
 and  June 30, 1997, between July 1, 1997 and June 30, 1998, between July
 1, 1998 and June 30, 1999, between July  1,  1999  and  June  30,  2000,
 between  July  1,  2000 and June 30, 2001, between July 1, 2001 and June
 30, 2002, between July 1, 2002 and June 30, 2003, between July  1,  2003
 and  June 30, 2004, between July 1, 2004 and June 30, 2005, between July
 1, 2005 and June 30, 2006, between July  1,  2006  and  June  30,  2007,
 between  July  1,  2007 and June 30, 2008, between July 1, 2008 and June
 30, 2009, between July 1, 2009 and June 30, 2010, between July  1,  2010
 and  June 30, 2011, between July 1, 2011 and June 30, 2012, between July
 1, 2012 and June 30, 2013, between July  1,  2013  and  June  30,  2014,
 between  July  1,  2014 and June 30, 2015, between July 1, 2015 and June
 30, 2016, between July 1, 2016 and June 30, 2017, between July  1,  2017
 and  June 30, 2018, between July 1, 2018 and June 30, 2019, between July
 1, 2019 and June 30, 2020, between July  1,  2020  and  June  30,  2021,
 between  July  1, 2021 and June 30, 2022, [and] between July 1, 2022 and
 June 30, 2023, AND BETWEEN JULY 1, 2023 AND JUNE 30, 2024  allocable  to
 each  general  hospital for physicians or dentists certified as eligible
 for purchase of a policy for excess  insurance  coverage  or  equivalent
 excess  coverage by such general hospital in accordance with subdivision
 2 of this section, and may amend such determination and certification as
 necessary. The superintendent of financial services shall determine  and
 A. 3007--B                         94
 
 certify  to  each general hospital and to the commissioner of health the
 ratable share of such cost allocable to  the  period  July  1,  1987  to
 December  31,  1987,  to the period January 1, 1988 to June 30, 1988, to
 the  period  July 1, 1988 to December 31, 1988, to the period January 1,
 1989 to June 30, 1989, to the period July 1, 1989 to December 31,  1989,
 to  the  period  January 1, 1990 to June 30, 1990, to the period July 1,
 1990 to December 31, 1990, to the period January 1,  1991  to  June  30,
 1991,  to  the  period  July 1, 1991 to December 31, 1991, to the period
 January 1, 1992 to June 30, 1992, to the period July 1, 1992 to December
 31, 1992, to the period January 1, 1993 to June 30, 1993, to the  period
 July 1, 1993 to December 31, 1993, to the period January 1, 1994 to June
 30, 1994, to the period July 1, 1994 to December 31, 1994, to the period
 January 1, 1995 to June 30, 1995, to the period July 1, 1995 to December
 31,  1995, to the period January 1, 1996 to June 30, 1996, to the period
 July 1, 1996 to December 31, 1996, to the period January 1, 1997 to June
 30, 1997, to the period July 1, 1997 to December 31, 1997, to the period
 January 1, 1998 to June 30, 1998, to the period July 1, 1998 to December
 31, 1998, to the period January 1, 1999 to June 30, 1999, to the  period
 July 1, 1999 to December 31, 1999, to the period January 1, 2000 to June
 30, 2000, to the period July 1, 2000 to December 31, 2000, to the period
 January 1, 2001 to June 30, 2001, to the period July 1, 2001 to June 30,
 2002, to the period July 1, 2002 to June 30, 2003, to the period July 1,
 2003  to  June 30, 2004, to the period July 1, 2004 to June 30, 2005, to
 the period July 1, 2005 and June 30, 2006, to the period  July  1,  2006
 and  June 30, 2007, to the period July 1, 2007 and June 30, 2008, to the
 period July 1, 2008 and June 30, 2009, to the period July  1,  2009  and
 June  30,  2010,  to  the  period July 1, 2010 and June 30, 2011, to the
 period July 1, 2011 and June 30, 2012, to the period July  1,  2012  and
 June  30,  2013,  to  the  period July 1, 2013 and June 30, 2014, to the
 period July 1, 2014 and June 30, 2015, to the period July  1,  2015  and
 June  30,  2016,  to  the  period July 1, 2016 and June 30, 2017, to the
 period July 1, 2017 to June 30, 2018, to the period July 1, 2018 to June
 30, 2019, to the period July 1, 2019 to June 30,  2020,  to  the  period
 July  1,  2020  to June 30, 2021, to the period July 1, 2021 to June 30,
 2022, [and] to the period July 1, 2022 to June  30,  2023,  AND  TO  THE
 PERIOD JULY 1, 2023 TO JUNE 30, 2024.
   § 3. Paragraphs (a), (b), (c), (d) and (e) of subdivision 8 of section
 18  of  chapter 266 of the laws of 1986, amending the civil practice law
 and rules and  other  laws  relating  to  malpractice  and  professional
 medical  conduct, as amended by section 3 of part Z of chapter 57 of the
 laws of 2022, are amended to read as follows:
   (a) To the extent funds available to  the  hospital  excess  liability
 pool  pursuant to subdivision 5 of this section as amended, and pursuant
 to section 6 of part J of chapter 63 of the laws of 2001,  as  may  from
 time  to  time  be amended, which amended this subdivision, are insuffi-
 cient to meet the costs  of  excess  insurance  coverage  or  equivalent
 excess  coverage  for coverage periods during the period July 1, 1992 to
 June 30, 1993, during the period July 1, 1993 to June 30,  1994,  during
 the period July 1, 1994 to June 30, 1995, during the period July 1, 1995
 to  June  30,  1996,  during  the  period July 1, 1996 to June 30, 1997,
 during the period July 1, 1997 to June 30, 1998, during the period  July
 1,  1998  to  June  30, 1999, during the period July 1, 1999 to June 30,
 2000, during the period July 1, 2000 to June 30, 2001, during the period
 July 1, 2001 to October 29, 2001, during the period  April  1,  2002  to
 June  30,  2002, during the period July 1, 2002 to June 30, 2003, during
 the period July 1, 2003 to June 30, 2004, during the period July 1, 2004
 A. 3007--B                         95
 
 to June 30, 2005, during the period July  1,  2005  to  June  30,  2006,
 during  the period July 1, 2006 to June 30, 2007, during the period July
 1, 2007 to June 30, 2008, during the period July 1,  2008  to  June  30,
 2009, during the period July 1, 2009 to June 30, 2010, during the period
 July  1,  2010  to June 30, 2011, during the period July 1, 2011 to June
 30, 2012, during the period July 1, 2012 to June 30,  2013,  during  the
 period  July 1, 2013 to June 30, 2014, during the period July 1, 2014 to
 June 30, 2015, during the period July 1, 2015 to June 30,  2016,  during
 the period July 1, 2016 to June 30, 2017, during the period July 1, 2017
 to  June  30,  2018,  during  the  period July 1, 2018 to June 30, 2019,
 during the period July 1, 2019 to June 30, 2020, during the period  July
 1,  2020  to  June  30, 2021, during the period July 1, 2021 to June 30,
 2022, [and] during the period July 1, 2022 to June 30, 2023, AND  DURING
 THE  PERIOD  JULY  1,  2023 TO JUNE 30, 2024 allocated or reallocated in
 accordance with paragraph (a) of subdivision  4-a  of  this  section  to
 rates  of payment applicable to state governmental agencies, each physi-
 cian or dentist for whom a  policy  for  excess  insurance  coverage  or
 equivalent excess coverage is purchased for such period shall be respon-
 sible for payment to the provider of excess insurance coverage or equiv-
 alent excess coverage of an allocable share of such insufficiency, based
 on  the  ratio  of the total cost of such coverage for such physician to
 the sum of the total cost of such coverage for all physicians applied to
 such insufficiency.
   (b) Each provider of excess insurance coverage  or  equivalent  excess
 coverage  covering the period July 1, 1992 to June 30, 1993, or covering
 the period July 1, 1993 to June 30, 1994, or covering the period July 1,
 1994 to June 30, 1995, or covering the period July 1, 1995 to  June  30,
 1996,  or covering the period July 1, 1996 to June 30, 1997, or covering
 the period July 1, 1997 to June 30, 1998, or covering the period July 1,
 1998 to June 30, 1999, or covering the period July 1, 1999 to  June  30,
 2000,  or covering the period July 1, 2000 to June 30, 2001, or covering
 the period July 1, 2001 to October 29,  2001,  or  covering  the  period
 April  1,  2002 to June 30, 2002, or covering the period July 1, 2002 to
 June 30, 2003, or covering the period July 1, 2003 to June 30, 2004,  or
 covering the period July 1, 2004 to June 30, 2005, or covering the peri-
 od July 1, 2005 to June 30, 2006, or covering the period July 1, 2006 to
 June  30, 2007, or covering the period July 1, 2007 to June 30, 2008, or
 covering the period July 1, 2008 to June 30, 2009, or covering the peri-
 od July 1, 2009 to June 30, 2010, or covering the period July 1, 2010 to
 June 30, 2011, or covering the period July 1, 2011 to June 30, 2012,  or
 covering the period July 1, 2012 to June 30, 2013, or covering the peri-
 od July 1, 2013 to June 30, 2014, or covering the period July 1, 2014 to
 June  30, 2015, or covering the period July 1, 2015 to June 30, 2016, or
 covering the period July 1, 2016 to June 30, 2017, or covering the peri-
 od July 1, 2017 to June 30, 2018, or covering the period July 1, 2018 to
 June 30, 2019, or covering the period July 1, 2019 to June 30, 2020,  or
 covering the period July 1, 2020 to June 30, 2021, or covering the peri-
 od July 1, 2021 to June 30, 2022, or covering the period July 1, 2022 to
 June  30,  2023,  OR  COVERING  THE PERIOD JULY 1, 2023 TO JUNE 30, 2024
 shall notify a covered physician or  dentist  by  mail,  mailed  to  the
 address  shown  on the last application for excess insurance coverage or
 equivalent excess coverage, of the amount due to such provider from such
 physician or dentist for such coverage period determined  in  accordance
 with  paragraph  (a)  of this subdivision. Such amount shall be due from
 such physician or dentist to such provider of excess insurance  coverage
 A. 3007--B                         96
 
 or  equivalent  excess  coverage  in a time and manner determined by the
 superintendent of financial services.
   (c)  If  a physician or dentist liable for payment of a portion of the
 costs of excess insurance coverage or equivalent excess coverage  cover-
 ing  the  period  July  1, 1992 to June 30, 1993, or covering the period
 July 1, 1993 to June 30, 1994, or covering the period July  1,  1994  to
 June  30, 1995, or covering the period July 1, 1995 to June 30, 1996, or
 covering the period July 1, 1996 to June 30, 1997, or covering the peri-
 od July 1, 1997 to June 30, 1998, or covering the period July 1, 1998 to
 June 30, 1999, or covering the period July 1, 1999 to June 30, 2000,  or
 covering the period July 1, 2000 to June 30, 2001, or covering the peri-
 od  July  1,  2001  to October 29, 2001, or covering the period April 1,
 2002 to June 30, 2002, or covering the period July 1, 2002 to  June  30,
 2003,  or covering the period July 1, 2003 to June 30, 2004, or covering
 the period July 1, 2004 to June 30, 2005, or covering the period July 1,
 2005 to June 30, 2006, or covering the period July 1, 2006 to  June  30,
 2007,  or covering the period July 1, 2007 to June 30, 2008, or covering
 the period July 1, 2008 to June 30, 2009, or covering the period July 1,
 2009 to June 30, 2010, or covering the period July 1, 2010 to  June  30,
 2011,  or covering the period July 1, 2011 to June 30, 2012, or covering
 the period July 1, 2012 to June 30, 2013, or covering the period July 1,
 2013 to June 30, 2014, or covering the period July 1, 2014 to  June  30,
 2015,  or covering the period July 1, 2015 to June 30, 2016, or covering
 the period July 1, 2016 to June 30, 2017, or covering the period July 1,
 2017 to June 30, 2018, or covering the period July 1, 2018 to  June  30,
 2019,  or covering the period July 1, 2019 to June 30, 2020, or covering
 the period July 1, 2020 to June 30, 2021, or covering the period July 1,
 2021 to June 30, 2022, or covering the period July 1, 2022 to  June  30,
 2023, OR COVERING THE PERIOD JULY 1, 2023 TO JUNE 30, 2024 determined in
 accordance  with  paragraph  (a)  of  this subdivision fails, refuses or
 neglects to make payment to the provider of excess insurance coverage or
 equivalent excess coverage in such time and manner as determined by  the
 superintendent  of  financial services pursuant to paragraph (b) of this
 subdivision, excess insurance coverage  or  equivalent  excess  coverage
 purchased  for such physician or dentist in accordance with this section
 for such coverage period shall be cancelled and shall be null  and  void
 as  of  the  first  day  on or after the commencement of a policy period
 where the liability for payment pursuant to  this  subdivision  has  not
 been met.
   (d)  Each  provider  of excess insurance coverage or equivalent excess
 coverage shall notify the superintendent of financial services  and  the
 commissioner  of  health or their designee of each physician and dentist
 eligible for purchase of a  policy  for  excess  insurance  coverage  or
 equivalent  excess coverage covering the period July 1, 1992 to June 30,
 1993, or covering the period July 1, 1993 to June 30, 1994, or  covering
 the period July 1, 1994 to June 30, 1995, or covering the period July 1,
 1995  to  June 30, 1996, or covering the period July 1, 1996 to June 30,
 1997, or covering the period July 1, 1997 to June 30, 1998, or  covering
 the period July 1, 1998 to June 30, 1999, or covering the period July 1,
 1999  to  June 30, 2000, or covering the period July 1, 2000 to June 30,
 2001, or covering the period July 1, 2001 to October 29, 2001, or cover-
 ing the period April 1, 2002 to June 30, 2002, or  covering  the  period
 July  1,  2002  to June 30, 2003, or covering the period July 1, 2003 to
 June 30, 2004, or covering the period July 1, 2004 to June 30, 2005,  or
 covering the period July 1, 2005 to June 30, 2006, or covering the peri-
 od July 1, 2006 to June 30, 2007, or covering the period July 1, 2007 to
 A. 3007--B                         97
 
 June  30, 2008, or covering the period July 1, 2008 to June 30, 2009, or
 covering the period July 1, 2009 to June 30, 2010, or covering the peri-
 od July 1, 2010 to June 30, 2011, or covering the period July 1, 2011 to
 June  30, 2012, or covering the period July 1, 2012 to June 30, 2013, or
 covering the period July 1, 2013 to June 30, 2014, or covering the peri-
 od July 1, 2014 to June 30, 2015, or covering the period July 1, 2015 to
 June 30, 2016, or covering the period July 1, 2016 to June 30, 2017,  or
 covering the period July 1, 2017 to June 30, 2018, or covering the peri-
 od July 1, 2018 to June 30, 2019, or covering the period July 1, 2019 to
 June  30, 2020, or covering the period July 1, 2020 to June 30, 2021, or
 covering the period July 1, 2021 to June 30, 2022, or covering the peri-
 od July 1, 2022 to June [1] 30, 2023, OR COVERING  THE  PERIOD  JULY  1,
 2023  TO  JUNE 30, 2024 that has made payment to such provider of excess
 insurance coverage or equivalent  excess  coverage  in  accordance  with
 paragraph  (b) of this subdivision and of each physician and dentist who
 has failed, refused or neglected to make such payment.
   (e) A provider of  excess  insurance  coverage  or  equivalent  excess
 coverage  shall  refund to the hospital excess liability pool any amount
 allocable to the period July 1, 1992 to June 30, 1993, and to the period
 July 1, 1993 to June 30, 1994, and to the period July 1,  1994  to  June
 30,  1995,  and  to the period July 1, 1995 to June 30, 1996, and to the
 period July 1, 1996 to June 30, 1997, and to the period July 1, 1997  to
 June  30,  1998, and to the period July 1, 1998 to June 30, 1999, and to
 the period July 1, 1999 to June 30, 2000, and to the period July 1, 2000
 to June 30, 2001, and to the period July 1, 2001 to  October  29,  2001,
 and to the period April 1, 2002 to June 30, 2002, and to the period July
 1,  2002  to  June  30, 2003, and to the period July 1, 2003 to June 30,
 2004, and to the period July 1, 2004 to June 30, 2005, and to the period
 July 1, 2005 to June 30, 2006, and to the period July 1,  2006  to  June
 30,  2007,  and  to the period July 1, 2007 to June 30, 2008, and to the
 period July 1, 2008 to June 30, 2009, and to the period July 1, 2009  to
 June  30,  2010, and to the period July 1, 2010 to June 30, 2011, and to
 the period July 1, 2011 to June 30, 2012, and to the period July 1, 2012
 to June 30, 2013, and to the period July 1, 2013 to June 30,  2014,  and
 to  the  period July 1, 2014 to June 30, 2015, and to the period July 1,
 2015 to June 30, 2016, to the period July 1, 2016 to June 30, 2017,  and
 to  the  period July 1, 2017 to June 30, 2018, and to the period July 1,
 2018 to June 30, 2019, and to the period July 1, 2019 to June 30,  2020,
 and  to the period July 1, 2020 to June 30, 2021, and to the period July
 1, 2021 to June 30, 2022, and to the period July 1,  2022  to  June  30,
 2023,  AND TO THE PERIOD JULY 1, 2023 TO JUNE 30, 2024 received from the
 hospital excess liability pool for purchase of excess insurance coverage
 or equivalent excess coverage covering the period July 1, 1992  to  June
 30,  1993,  and  covering  the period July 1, 1993 to June 30, 1994, and
 covering the period July 1, 1994 to June  30,  1995,  and  covering  the
 period  July  1,  1995 to June 30, 1996, and covering the period July 1,
 1996 to June 30, 1997, and covering the period July 1, 1997 to June  30,
 1998,  and covering the period July 1, 1998 to June 30, 1999, and cover-
 ing the period July 1, 1999 to June 30, 2000, and  covering  the  period
 July  1,  2000 to June 30, 2001, and covering the period July 1, 2001 to
 October 29, 2001, and covering the period April  1,  2002  to  June  30,
 2002,  and covering the period July 1, 2002 to June 30, 2003, and cover-
 ing the period July 1, 2003 to June 30, 2004, and  covering  the  period
 July  1,  2004 to June 30, 2005, and covering the period July 1, 2005 to
 June 30, 2006, and covering the period July 1, 2006 to  June  30,  2007,
 and  covering the period July 1, 2007 to June 30, 2008, and covering the
 A. 3007--B                         98
 
 period July 1, 2008 to June 30, 2009, and covering the  period  July  1,
 2009  to June 30, 2010, and covering the period July 1, 2010 to June 30,
 2011, and covering the period July 1, 2011 to June 30, 2012, and  cover-
 ing  the  period  July 1, 2012 to June 30, 2013, and covering the period
 July 1, 2013 to June 30, 2014, and covering the period July 1,  2014  to
 June  30,  2015,  and covering the period July 1, 2015 to June 30, 2016,
 and covering the period July 1, 2016 to June 30, 2017, and covering  the
 period  July  1,  2017 to June 30, 2018, and covering the period July 1,
 2018 to June 30, 2019, and covering the period July 1, 2019 to June  30,
 2020,  and covering the period July 1, 2020 to June 30, 2021, and cover-
 ing the period July 1, 2021 to June 30, 2022, and  covering  the  period
 July  1, 2022 to June 30, 2023 for, AND COVERING THE PERIOD JULY 1, 2023
 TO JUNE 30, 2024 a physician or  dentist  where  such  excess  insurance
 coverage  or  equivalent excess coverage is cancelled in accordance with
 paragraph (c) of this subdivision.
   § 4. Section 40 of chapter 266 of the laws of 1986, amending the civil
 practice law and rules  and  other  laws  relating  to  malpractice  and
 professional medical conduct, as amended by section 4 of part Z of chap-
 ter 57 of the laws of 2022, is amended to read as follows:
   §  40.  The superintendent of financial services shall establish rates
 for policies providing coverage  for  physicians  and  surgeons  medical
 malpractice  for the periods commencing July 1, 1985 and ending June 30,
 [2023] 2024; provided, however, that notwithstanding any other provision
 of law, the superintendent shall not establish or approve  any  increase
 in  rates  for  the  period  commencing July 1, 2009 and ending June 30,
 2010. The superintendent shall direct insurers to  establish  segregated
 accounts  for premiums, payments, reserves and investment income attrib-
 utable to such premium periods and shall require periodic reports by the
 insurers regarding claims and expenses attributable to such  periods  to
 monitor whether such accounts will be sufficient to meet incurred claims
 and  expenses. On or after July 1, 1989, the superintendent shall impose
 a surcharge on premiums  to  satisfy  a  projected  deficiency  that  is
 attributable  to the premium levels established pursuant to this section
 for such periods; provided, however, that such  annual  surcharge  shall
 not  exceed  eight  percent of the established rate until July 1, [2023]
 2024, at which time and thereafter such surcharge shall not exceed twen-
 ty-five percent of the approved adequate  rate,  and  that  such  annual
 surcharges shall continue for such period of time as shall be sufficient
 to  satisfy  such  deficiency.  The superintendent shall not impose such
 surcharge during the period commencing July 1, 2009 and ending June  30,
 2010.  On  and  after  July  1,  1989,  the surcharge prescribed by this
 section shall be retained by insurers to the extent  that  they  insured
 physicians  and surgeons during the July 1, 1985 through June 30, [2023]
 2024 policy periods; in the event  and  to  the  extent  physicians  and
 surgeons  were  insured by another insurer during such periods, all or a
 pro rata share of the surcharge, as the case may be, shall  be  remitted
 to  such  other  insurer  in accordance with rules and regulations to be
 promulgated by the superintendent.  Surcharges collected from physicians
 and surgeons who were not insured during such policy  periods  shall  be
 apportioned  among  all insurers in proportion to the premium written by
 each insurer during such policy periods; if a physician or  surgeon  was
 insured by an insurer subject to rates established by the superintendent
 during  such  policy  periods,  and  at  any time thereafter a hospital,
 health maintenance organization, employer or institution is  responsible
 for  responding in damages for liability arising out of such physician's
 or surgeon's practice of medicine, such responsible  entity  shall  also
 A. 3007--B                         99
 
 remit  to  such  prior  insurer the equivalent amount that would then be
 collected as a surcharge if the physician or surgeon  had  continued  to
 remain  insured  by  such  prior  insurer. In the event any insurer that
 provided  coverage  during  such  policy  periods is in liquidation, the
 property/casualty insurance security fund shall receive the  portion  of
 surcharges to which the insurer in liquidation would have been entitled.
 The surcharges authorized herein shall be deemed to be income earned for
 the  purposes of section 2303 of the insurance law.  The superintendent,
 in establishing adequate rates and in determining  any  projected  defi-
 ciency  pursuant  to  the requirements of this section and the insurance
 law, shall give substantial weight, determined  in  his  discretion  and
 judgment,  to  the  prospective  anticipated  effect  of any regulations
 promulgated and laws enacted and the  public  benefit  of    stabilizing
 malpractice rates and minimizing rate level fluctuation during the peri-
 od  of  time  necessary for the development of more reliable statistical
 experience as to the efficacy of such  laws  and  regulations  affecting
 medical, dental or podiatric malpractice enacted or promulgated in 1985,
 1986,  by this act and at any other time.  Notwithstanding any provision
 of the insurance law, rates already established and to be established by
 the superintendent pursuant to this section are deemed adequate if  such
 rates  would be adequate when taken together with the maximum authorized
 annual surcharges to be imposed for a reasonable period of time  whether
 or  not  any  such  annual surcharge has been actually imposed as of the
 establishment of such rates.
   § 5. Section 5 and subdivisions (a) and (e) of section 6 of part J  of
 chapter  63  of  the  laws  of 2001, amending chapter 266 of the laws of
 1986, amending the civil practice law and rules and other laws  relating
 to malpractice and professional medical conduct, as amended by section 5
 of  part  Z  of  chapter  57 of the laws of 2022, are amended to read as
 follows:
   § 5. The superintendent of financial services and the commissioner  of
 health shall determine, no later than June 15, 2002, June 15, 2003, June
 15,  2004,  June  15, 2005, June 15, 2006, June 15, 2007, June 15, 2008,
 June 15, 2009, June 15, 2010, June 15, 2011, June  15,  2012,  June  15,
 2013,  June  15, 2014, June 15, 2015, June 15, 2016, June 15, 2017, June
 15, 2018, June 15, 2019, June 15, 2020, June 15, 2021,  June  15,  2022,
 [and]  June 15, 2023, AND JUNE 15, 2024 the amount of funds available in
 the hospital excess liability pool, created pursuant to  section  18  of
 chapter  266  of the laws of 1986, and whether such funds are sufficient
 for purposes  of  purchasing  excess  insurance  coverage  for  eligible
 participating  physicians and dentists during the period July 1, 2001 to
 June 30, 2002, or July 1, 2002 to June 30, 2003, or July 1, 2003 to June
 30, 2004, or July 1, 2004 to June 30, 2005, or July 1, 2005 to June  30,
 2006,  or  July  1,  2006  to June 30, 2007, or July 1, 2007 to June 30,
 2008, or July 1, 2008 to June 30, 2009, or July  1,  2009  to  June  30,
 2010,  or  July  1,  2010  to June 30, 2011, or July 1, 2011 to June 30,
 2012, or July 1, 2012 to June 30, 2013, or July  1,  2013  to  June  30,
 2014,  or  July  1,  2014  to June 30, 2015, or July 1, 2015 to June 30,
 2016, or July 1, 2016 to June 30, 2017, or July  1,  2017  to  June  30,
 2018,  or  July  1,  2018  to June 30, 2019, or July 1, 2019 to June 30,
 2020, or July 1, 2020 to June 30, 2021, or July  1,  2021  to  June  30,
 2022, or July 1, 2022 to June 30, 2023, OR JULY 1, 2023 TO JUNE 30, 2024
 as applicable.
   (a)  This section shall be effective only upon a determination, pursu-
 ant to section five of this act,  by  the  superintendent  of  financial
 services  and  the  commissioner  of health, and a certification of such
 A. 3007--B                         100
 
 determination to the state director of the  budget,  the  chair  of  the
 senate  committee  on finance and the chair of the assembly committee on
 ways and means, that the amount of funds in the hospital excess  liabil-
 ity  pool,  created pursuant to section 18 of chapter 266 of the laws of
 1986, is insufficient for purposes of purchasing excess insurance cover-
 age for eligible participating physicians and dentists during the period
 July 1, 2001 to June 30, 2002, or July 1, 2002 to June 30, 2003, or July
 1, 2003 to June 30, 2004, or July 1, 2004 to June 30, 2005, or  July  1,
 2005 to June 30, 2006, or July 1, 2006 to June 30, 2007, or July 1, 2007
 to  June  30, 2008, or July 1, 2008 to June 30, 2009, or July 1, 2009 to
 June 30, 2010, or July 1, 2010 to June 30, 2011, or July 1, 2011 to June
 30, 2012, or July 1, 2012 to June 30, 2013, or July 1, 2013 to June  30,
 2014,  or  July  1,  2014  to June 30, 2015, or July 1, 2015 to June 30,
 2016, or July 1, 2016 to June 30, 2017, or July  1,  2017  to  June  30,
 2018,  or  July  1,  2018  to June 30, 2019, or July 1, 2019 to June 30,
 2020, or July 1, 2020 to June 30, 2021, or July  1,  2021  to  June  30,
 2022, or July 1, 2022 to June 30, 2023, OR JULY 1, 2023 TO JUNE 30, 2024
 as applicable.
   (e)  The  commissioner  of  health  shall  transfer for deposit to the
 hospital excess liability pool created pursuant to section 18 of chapter
 266 of the laws of 1986 such amounts as directed by  the  superintendent
 of  financial  services  for  the purchase of excess liability insurance
 coverage for eligible participating  physicians  and  dentists  for  the
 policy  year  July 1, 2001 to June 30, 2002, or July 1, 2002 to June 30,
 2003, or July 1, 2003 to June 30, 2004, or July  1,  2004  to  June  30,
 2005,  or  July  1,  2005  to June 30, 2006, or July 1, 2006 to June 30,
 2007, as applicable, and the cost of administering the  hospital  excess
 liability pool for such applicable policy year,  pursuant to the program
 established  in  chapter  266  of the laws of 1986, as amended, no later
 than June 15, 2002, June 15, 2003, June 15, 2004, June  15,  2005,  June
 15,  2006,  June  15, 2007, June 15, 2008, June 15, 2009, June 15, 2010,
 June 15, 2011, June 15, 2012, June 15, 2013, June  15,  2014,  June  15,
 2015,  June  15, 2016, June 15, 2017, June 15, 2018, June 15, 2019, June
 15, 2020, June 15, 2021, June 15, 2022, [and] June 15,  2023,  AND  JUNE
 15, 2024 as applicable.
   §  6. Section 20 of part H of chapter 57 of the laws of 2017, amending
 the New York Health Care Reform Act of 1996 and other laws  relating  to
 extending  certain provisions thereto, as amended by section 6 of part Z
 of chapter 57 of the laws of 2022, is amended to read as follows:
   § 20. Notwithstanding any law, rule or  regulation  to  the  contrary,
 only  physicians  or dentists who were eligible, and for whom the super-
 intendent of financial services and the commissioner of health, or their
 designee, purchased, with funds available in the hospital excess liabil-
 ity pool, a full or partial policy for  excess  coverage  or  equivalent
 excess  coverage  for  the coverage period ending the thirtieth of June,
 two thousand [twenty-two] TWENTY-THREE, shall be eligible to  apply  for
 such  coverage  for the coverage period beginning the first of July, two
 thousand [twenty-two] TWENTY-THREE;  provided,  however,  if  the  total
 number of physicians or dentists for whom such excess coverage or equiv-
 alent excess coverage was purchased for the policy year ending the thir-
 tieth  of June, two thousand [twenty-two] TWENTY-THREE exceeds the total
 number of physicians or dentists certified as eligible for the  coverage
 period  beginning  the  first of July, two thousand [twenty-two] TWENTY-
 THREE, then the general hospitals may certify additional eligible physi-
 cians or dentists in a number equal to such general  hospital's  propor-
 tional  share  of  the  total  number of physicians or dentists for whom
 A. 3007--B                         101
 
 excess coverage or equivalent excess coverage was purchased  with  funds
 available  in  the hospital excess liability pool as of the thirtieth of
 June, two thousand [twenty-two] TWENTY-THREE, as applied to the  differ-
 ence  between  the  number of eligible physicians or dentists for whom a
 policy for excess coverage or equivalent excess coverage  was  purchased
 for  the  coverage  period  ending  the  thirtieth of June, two thousand
 [twenty-two] TWENTY-THREE and the number of such eligible physicians  or
 dentists  who  have  applied  for  excess  coverage or equivalent excess
 coverage for the coverage period beginning the first of July, two  thou-
 sand [twenty-two] TWENTY-THREE.
   §  7.  This  act  shall take effect immediately and shall be deemed to
 have been in full force and effect on and after April 1, 2023.
 
                                  PART G
 
                           Intentionally Omitted
 
                                  PART H
 
   Section 1. Intentionally omitted.
   § 2. Short title. This act shall be known and  may  be  cited  as  the
 "1332 state innovation program".
   § 3. The social services law is amended by adding a new section 369-ii
 to read as follows:
   §  369-II.  1332 STATE INNOVATION PROGRAM. 1. AUTHORIZATION.  NOTWITH-
 STANDING SECTION THREE HUNDRED SIXTY-NINE-GG OF THIS TITLE,  SUBJECT  TO
 FEDERAL  APPROVAL, IF IT IS IN THE FINANCIAL INTEREST OF THE STATE TO DO
 SO, THE COMMISSIONER OF HEALTH IS AUTHORIZED, WITH THE APPROVAL  OF  THE
 DIRECTOR  OF  THE  BUDGET,  TO ESTABLISH A 1332 STATE INNOVATION PROGRAM
 UNDER SECTION 1332 OF THE PATIENT PROTECTION AND AFFORDABLE CARE ACT, AS
 AMENDED, OR SUCCESSOR PROVISIONS, AS PROVIDED  UNDER  FEDERAL  LAW,  AND
 SUBDIVISION  TWENTY-FIVE  OF  SECTION  TWO  HUNDRED SIXTY-EIGHT-C OF THE
 PUBLIC HEALTH LAW. THE COMMISSIONER OF  HEALTH'S  AUTHORITY  UNDER  THIS
 SECTION  IS  CONTINGENT  UPON  OBTAINING  AND  MAINTAINING ALL NECESSARY
 APPROVALS FROM THE SECRETARY OF HEALTH AND HUMAN SERVICES AND THE SECRE-
 TARY OF THE TREASURY BASED ON AN APPLICATION  FOR  A  WAIVER  FOR  STATE
 INNOVATION.  THE COMMISSIONER OF HEALTH SHALL TAKE ALL ACTIONS NECESSARY
 TO OBTAIN SUCH APPROVALS IN A TIMELY MANNER, PRIOR TO  THE  NEXT  FISCAL
 YEAR.    COPIES OF THE ORIGINAL WAIVER APPLICATIONS AND AMENDMENTS SHALL
 BE PROVIDED TO THE CHAIR OF THE ASSEMBLY WAYS AND MEANS  COMMITTEE,  THE
 CHAIR  OF  THE  SENATE FINANCE COMMITTEE, AND THE CHAIRS OF THE ASSEMBLY
 AND SENATE HEALTH COMMITTEES SIMULTANEOUSLY WITH THEIR SUBMISSION TO THE
 FEDERAL GOVERNMENT.
   2. DEFINITIONS. FOR THE PURPOSES OF THIS SECTION:
   (A) "ELIGIBLE ORGANIZATION" MEANS  AN  INSURER  LICENSED  PURSUANT  TO
 ARTICLE  THIRTY-TWO  OR FORTY-TWO OF THE INSURANCE LAW, A CORPORATION OR
 AN ORGANIZATION UNDER ARTICLE FORTY-THREE OF THE INSURANCE  LAW,  OR  AN
 ORGANIZATION  CERTIFIED  UNDER  ARTICLE  FORTY-FOUR OF THE PUBLIC HEALTH
 LAW, INCLUDING PROVIDERS  CERTIFIED  UNDER  SECTION  FORTY-FOUR  HUNDRED
 THREE-E OF THE PUBLIC HEALTH LAW.
   (B) "APPROVED ORGANIZATION" MEANS AN ELIGIBLE ORGANIZATION APPROVED BY
 THE  COMMISSIONER OF HEALTH TO UNDERWRITE A 1332 STATE INNOVATION HEALTH
 INSURANCE PLAN PURSUANT TO THIS SECTION.
   (C) "HEALTH CARE SERVICES" MEANS:
 A. 3007--B                         102
 
   (I) THE SERVICES AND SUPPLIES AS DEFINED BY THE COMMISSIONER OF HEALTH
 IN CONSULTATION WITH THE SUPERINTENDENT OF FINANCIAL SERVICES, AND SHALL
 BE CONSISTENT WITH AND SUBJECT  TO  THE  ESSENTIAL  HEALTH  BENEFITS  AS
 DEFINED  BY  THE  COMMISSIONER  IN ACCORDANCE WITH THE PROVISIONS OF THE
 PATIENT PROTECTION AND AFFORDABLE CARE ACT (P.L. 111-148) AND CONSISTENT
 WITH THE BENEFITS PROVIDED BY THE REFERENCE PLAN SELECTED BY THE COMMIS-
 SIONER  OF  HEALTH FOR THE PURPOSES OF DEFINING SUCH BENEFITS, AND SHALL
 INCLUDE COVERAGE OF AND ACCESS TO THE SERVICES OF  ANY  NATIONAL  CANCER
 INSTITUTE-DESIGNATED  CANCER CENTER LICENSED BY THE DEPARTMENT OF HEALTH
 WITHIN THE SERVICE AREA OF THE APPROVED ORGANIZATION THAT IS WILLING  TO
 AGREE  TO  PROVIDE  CANCER-RELATED  INPATIENT,  OUTPATIENT  AND  MEDICAL
 SERVICES TO ALL ENROLLEES  IN  APPROVED  ORGANIZATIONS'  PLANS  IN  SUCH
 CANCER  CENTER'S  SERVICE AREA UNDER THE PREVAILING TERMS AND CONDITIONS
 THAT THE APPROVED ORGANIZATION REQUIRES OF OTHER SIMILAR PROVIDERS TO BE
 INCLUDED IN THE APPROVED  ORGANIZATION'S  NETWORK,  PROVIDED  THAT  SUCH
 TERMS  SHALL  INCLUDE  REIMBURSEMENT  OF SUCH CENTER AT NO LESS THAN THE
 FEE-FOR-SERVICE MEDICAID PAYMENT RATE AND METHODOLOGY APPLICABLE TO  THE
 CENTER'S INPATIENT AND OUTPATIENT SERVICES;
   (II)  DENTAL  AND  VISION  SERVICES  AS DEFINED BY THE COMMISSIONER OF
 HEALTH, AND
   (III) AS DEFINED BY THE COMMISSIONER OF HEALTH AND SUBJECT TO  FEDERAL
 APPROVAL,  CERTAIN  SERVICES AND SUPPORTS PROVIDED TO ENROLLEES WHO HAVE
 FUNCTIONAL LIMITATIONS AND/OR CHRONIC ILLNESSES THAT  HAVE  THE  PRIMARY
 PURPOSE OF SUPPORTING THE ABILITY OF THE ENROLLEE TO LIVE OR WORK IN THE
 SETTING  OF  THEIR  CHOICE,  WHICH  MAY INCLUDE THE INDIVIDUAL'S HOME, A
 WORKSITE, OR A PROVIDER-OWNED OR CONTROLLED RESIDENTIAL SETTING.
   (D) "QUALIFIED HEALTH PLAN" MEANS A HEALTH PLAN THAT MEETS THE  CRITE-
 RIA  FOR  CERTIFICATION DESCRIBED IN § 1311(C) OF THE PATIENT PROTECTION
 AND AFFORDABLE CARE ACT (P.L. 111-148), AND IS  OFFERED  TO  INDIVIDUALS
 THROUGH  THE  NY  STATE  OF  HEALTH, THE OFFICIAL HEALTH MARKETPLACE, OR
 MARKETPLACE, AS DEFINED  IN  SUBDIVISION  TWO  OF  SECTION  TWO  HUNDRED
 SIXTY-EIGHT-A OF THE PUBLIC HEALTH LAW.
   (E) "BASIC HEALTH INSURANCE PLAN" MEANS A HEALTH PLAN PROVIDING HEALTH
 CARE  SERVICES,  SEPARATE AND APART FROM QUALIFIED HEALTH PLANS, THAT IS
 ISSUED BY AN APPROVED ORGANIZATION  AND  CERTIFIED  IN  ACCORDANCE  WITH
 SECTION THREE HUNDRED SIXTY-NINE-GG OF THIS TITLE.
   (F)  "1332 STATE INNOVATION PLAN" MEANS A STANDARD HEALTH PLAN PROVID-
 ING HEALTH CARE SERVICES, SEPARATE AND APART  FROM  A  QUALIFIED  HEALTH
 PLAN  AND  A  BASIC HEALTH INSURANCE PLAN, THAT IS ISSUED BY AN APPROVED
 ORGANIZATION AND CERTIFIED IN ACCORDANCE WITH THIS SECTION.
   3. STATE INNOVATION PLAN ELIGIBLE INDIVIDUAL. (A) A PERSON IS ELIGIBLE
 TO RECEIVE COVERAGE FOR HEALTH CARE UNDER THIS SECTION IF THEY:
   (I) RESIDE IN NEW YORK STATE AND ARE UNDER SIXTY-FIVE YEARS OF AGE;
   (II) ARE NOT ELIGIBLE FOR MEDICAL ASSISTANCE  UNDER  TITLE  ELEVEN  OF
 THIS  ARTICLE  OR FOR THE CHILD HEALTH INSURANCE PLAN DESCRIBED IN TITLE
 ONE-A OF ARTICLE TWENTY-FIVE OF THE PUBLIC HEALTH LAW;
   (III) ARE NOT ELIGIBLE FOR MINIMUM ESSENTIAL COVERAGE, AS  DEFINED  IN
 SECTION  5000A(F)  OF  THE  INTERNAL REVENUE SERVICE CODE OF 1986, OR IS
 ELIGIBLE FOR AN EMPLOYER-SPONSORED  PLAN  THAT  IS  NOT  AFFORDABLE,  IN
 ACCORDANCE WITH SECTION 5000A(F) OF SUCH CODE; AND
   (IV)  HAVE  HOUSEHOLD  INCOME AT OR BELOW TWO HUNDRED FIFTY PERCENT OF
 THE FEDERAL POVERTY LINE DEFINED AND  ANNUALLY  REVISED  BY  THE  UNITED
 STATES  DEPARTMENT  OF  HEALTH AND HUMAN SERVICES FOR A HOUSEHOLD OF THE
 SAME SIZE; AND HAS HOUSEHOLD INCOME THAT  EXCEEDS  ONE  HUNDRED  THIRTY-
 THREE  PERCENT  OF THE FEDERAL POVERTY LINE DEFINED AND ANNUALLY REVISED
 BY THE UNITED STATES DEPARTMENT OF  HEALTH  AND  HUMAN  SERVICES  FOR  A
 A. 3007--B                         103
 
 HOUSEHOLD  OF THE SAME SIZE; HOWEVER, MAGI ELIGIBLE NONCITIZENS LAWFULLY
 PRESENT IN THE UNITED STATES WITH HOUSEHOLD  INCOMES  AT  OR  BELOW  ONE
 HUNDRED THIRTY-THREE PERCENT OF THE FEDERAL POVERTY LINE SHALL BE ELIGI-
 BLE  TO  RECEIVE  COVERAGE  FOR  HEALTH  CARE  SERVICES  PURSUANT TO THE
 PROVISIONS OF THIS SECTION IF SUCH NONCITIZEN WOULD  BE  INELIGIBLE  FOR
 MEDICAL ASSISTANCE UNDER TITLE ELEVEN OF THIS ARTICLE DUE TO THEIR IMMI-
 GRATION STATUS.
   (B)  SUBJECT TO FEDERAL APPROVAL, A CHILD BORN TO AN INDIVIDUAL ELIGI-
 BLE FOR AND RECEIVING COVERAGE FOR HEALTH CARE SERVICES PURSUANT TO THIS
 SECTION WHO BUT FOR THEIR ELIGIBILITY UNDER THIS SECTION WOULD BE ELIGI-
 BLE FOR COVERAGE PURSUANT TO SUBPARAGRAPHS TWO OR FOUR OF PARAGRAPH  (B)
 OF  SUBDIVISION  ONE OF SECTION THREE HUNDRED SIXTY-SIX OF THIS ARTICLE,
 SHALL BE ADMINISTRATIVELY ENROLLED, AS DEFINED BY  THE  COMMISSIONER  OF
 HEALTH,  IN  MEDICAL ASSISTANCE AND TO HAVE BEEN FOUND ELIGIBLE FOR SUCH
 ASSISTANCE ON THE DATE OF SUCH BIRTH AND TO  REMAIN  ELIGIBLE  FOR  SUCH
 ASSISTANCE FOR A PERIOD OF ONE YEAR.
   (C) SUBJECT TO FEDERAL APPROVAL, AN INDIVIDUAL WHO IS ELIGIBLE FOR AND
 RECEIVING  COVERAGE FOR HEALTH CARE SERVICES PURSUANT TO THIS SECTION IS
 ELIGIBLE TO CONTINUE TO RECEIVE HEALTH CARE SERVICES  PURSUANT  TO  THIS
 SECTION  DURING  THE INDIVIDUAL'S PREGNANCY AND FOR A PERIOD OF ONE YEAR
 FOLLOWING THE END OF THE PREGNANCY WITHOUT REGARD TO ANY CHANGE  IN  THE
 INCOME  OF  THE HOUSEHOLD THAT INCLUDES THE PREGNANT INDIVIDUAL, EVEN IF
 SUCH CHANGE WOULD RENDER THE PREGNANT INDIVIDUAL INELIGIBLE  TO  RECEIVE
 HEALTH CARE SERVICES PURSUANT TO THIS SECTION.
   (D)  FOR  THE  PURPOSES OF THIS SECTION, 1332 STATE INNOVATION PROGRAM
 ELIGIBLE INDIVIDUALS ARE PROHIBITED  FROM  BEING  TREATED  AS  QUALIFIED
 INDIVIDUALS  UNDER SECTION 1312 OF THE AFFORDABLE CARE ACT AND AS ELIGI-
 BLE INDIVIDUALS UNDER SECTION 1331 OF THE ACA AND ENROLLING IN QUALIFIED
 HEALTH PLAN THROUGH THE MARKETPLACE OR STANDARD HEALTH PLAN THROUGH  THE
 BASIC HEALTH PROGRAM.
   4.  ENROLLMENT.  (A)  SUBJECT TO FEDERAL APPROVAL, THE COMMISSIONER OF
 HEALTH IS AUTHORIZED TO ESTABLISH AN APPLICATION AND  ENROLLMENT  PROCE-
 DURE  FOR PROSPECTIVE ENROLLEES. SUCH PROCEDURE WILL INCLUDE A VERIFICA-
 TION SYSTEM FOR APPLICANTS, WHICH MUST  BE  CONSISTENT  WITH  42  USC  §
 1320B-7.
   (B) SUCH PROCEDURE SHALL ALLOW FOR CONTINUOUS ENROLLMENT FOR ENROLLEES
 TO  THE  1332 STATE INNOVATION PROGRAM WHERE AN INDIVIDUAL MAY APPLY AND
 ENROLL FOR COVERAGE AT ANY POINT.
   (C) UPON AN APPLICANT'S ENROLLMENT IN A 1332  STATE  INNOVATION  PLAN,
 COVERAGE  FOR  HEALTH  CARE  SERVICES PURSUANT TO THE PROVISIONS OF THIS
 SECTION SHALL BE RETROACTIVE TO THE FIRST DAY OF THE MONTH IN WHICH  THE
 INDIVIDUAL  WAS DETERMINED ELIGIBLE, EXCEPT IN THE CASE OF PROGRAM TRAN-
 SITIONS WITHIN THE MARKETPLACE.
   (D) A PERSON WHO HAS ENROLLED FOR COVERAGE PURSUANT TO  THIS  SECTION,
 AND WHO LOSES ELIGIBILITY TO ENROLL IN THE 1332 STATE INNOVATION PROGRAM
 FOR  A  REASON  OTHER  THAN CITIZENSHIP STATUS, LACK OF STATE RESIDENCE,
 FAILURE TO PROVIDE A VALID SOCIAL SECURITY NUMBER, PROVIDING  INACCURATE
 INFORMATION  THAT  WOULD  AFFECT ELIGIBILITY WHEN REQUESTING OR RENEWING
 HEALTH COVERAGE PURSUANT TO THIS SECTION, OR FAILURE TO MAKE AN APPLICA-
 BLE PREMIUM PAYMENT, BEFORE THE END OF A TWELVE MONTH  PERIOD  BEGINNING
 ON  THE EFFECTIVE DATE OF THE PERSON'S INITIAL ELIGIBILITY FOR COVERAGE,
 OR BEFORE THE END OF A TWELVE MONTH PERIOD BEGINNING ON THE DATE OF  ANY
 SUBSEQUENT  DETERMINATION  OF  ELIGIBILITY, SHALL HAVE THEIR ELIGIBILITY
 FOR COVERAGE CONTINUED UNTIL  THE  END  OF  SUCH  TWELVE  MONTH  PERIOD,
 PROVIDED  THAT THE STATE RECEIVES FEDERAL APPROVAL FOR USING FUNDS UNDER
 AN APPROVED 1332 WAIVER.
 A. 3007--B                         104
 
   5. PREMIUMS. SUBJECT TO FEDERAL APPROVAL, THE COMMISSIONER  OF  HEALTH
 SHALL  ESTABLISH  PREMIUM  PAYMENTS ENROLLEES IN A 1332 STATE INNOVATION
 PLAN SHALL PAY TO APPROVED ORGANIZATIONS FOR  COVERAGE  OF  HEALTH  CARE
 SERVICES PURSUANT TO THIS SECTION. SUCH PREMIUM PAYMENTS SHALL BE ESTAB-
 LISHED IN THE FOLLOWING MANNER:
   (A)  UP  TO FIFTEEN DOLLARS MONTHLY FOR AN INDIVIDUAL WITH A HOUSEHOLD
 INCOME ABOVE TWO HUNDRED PERCENT OF THE FEDERAL POVERTY LINE BUT  AT  OR
 BELOW  TWO HUNDRED FIFTY PERCENT OF THE FEDERAL POVERTY LINE DEFINED AND
 ANNUALLY REVISED BY THE UNITED STATES DEPARTMENT  OF  HEALTH  AND  HUMAN
 SERVICES FOR A HOUSEHOLD OF THE SAME SIZE; AND
   (B)  NO PAYMENT IS REQUIRED FOR INDIVIDUALS WITH A HOUSEHOLD INCOME AT
 OR BELOW TWO HUNDRED PERCENT OF THE FEDERAL  POVERTY  LINE  DEFINED  AND
 ANNUALLY  REVISED  BY  THE  UNITED STATES DEPARTMENT OF HEALTH AND HUMAN
 SERVICES FOR A HOUSEHOLD OF THE SAME SIZE.
   6. COST-SHARING. THE COMMISSIONER OF HEALTH SHALL ESTABLISH COST-SHAR-
 ING OBLIGATIONS FOR ENROLLEES, SUBJECT TO  FEDERAL  APPROVAL,  INCLUDING
 CHILDBIRTH  AND  NEWBORN  CARE  CONSISTENT  WITH  THE MEDICAL ASSISTANCE
 PROGRAM UNDER TITLE ELEVEN OF THIS ARTICLE. THERE SHALL BE NO COST-SHAR-
 ING OBLIGATIONS FOR ENROLLEES FOR:
   (A) DENTAL AND VISION SERVICES AS  DEFINED  IN  SUBPARAGRAPH  (II)  OF
 PARAGRAPH (C) OF SUBDIVISION TWO OF THIS SECTION; AND
   (B)  SERVICES  AND  SUPPORTS AS DEFINED IN SUBPARAGRAPH (III) OF PARA-
 GRAPH (C) OF SUBDIVISION TWO OF THIS SECTION.
   7. RATES OF PAYMENT. (A) THE COMMISSIONER OF HEALTH SHALL  SELECT  THE
 CONTRACT  WITH AN INDEPENDENT ACTUARY TO STUDY AND RECOMMEND APPROPRIATE
 REIMBURSEMENT METHODOLOGIES FOR THE COST OF HEALTH CARE SERVICE COVERAGE
 PURSUANT TO THIS SECTION. SUCH INDEPENDENT ACTUARY SHALL REVIEW AND MAKE
 RECOMMENDATIONS CONCERNING APPROPRIATE ACTUARIAL ASSUMPTIONS RELEVANT TO
 THE ESTABLISHMENT OF  REIMBURSEMENT  METHODOLOGIES,  INCLUDING  BUT  NOT
 LIMITED  TO;  THE  ADEQUACY OF RATES OF PAYMENT IN RELATION TO THE POPU-
 LATION TO BE SERVED ADJUSTED FOR CASE MIX,  THE  SCOPE  OF  HEALTH  CARE
 SERVICES  APPROVED  ORGANIZATIONS  MUST PROVIDE, THE UTILIZATION OF SUCH
 SERVICES AND THE NETWORK OF PROVIDERS REQUIRED TO MEET STATE STANDARDS.
   (B) UPON  CONSULTATION  WITH  THE  INDEPENDENT  ACTUARY  AND  ENTITIES
 REPRESENTING  APPROVED  ORGANIZATIONS,  THE COMMISSIONER OF HEALTH SHALL
 DEVELOP REIMBURSEMENT METHODOLOGIES AND FEE  SCHEDULES  FOR  DETERMINING
 RATES  OF  PAYMENT, WHICH RATES SHALL BE APPROVED BY THE DIRECTOR OF THE
 DIVISION OF THE BUDGET, TO BE MADE BY THE DEPARTMENT TO APPROVED  ORGAN-
 IZATIONS  FOR THE COST OF HEALTH CARE SERVICES COVERAGE PURSUANT TO THIS
 SECTION. SUCH REIMBURSEMENT METHODOLOGIES AND FEE SCHEDULES MAY  INCLUDE
 PROVISIONS FOR CAPITATION ARRANGEMENTS.
   (C)  THE COMMISSIONER OF HEALTH SHALL HAVE THE AUTHORITY TO PROMULGATE
 REGULATIONS, INCLUDING EMERGENCY REGULATIONS,  NECESSARY  TO  EFFECTUATE
 THE PROVISIONS OF THIS SUBDIVISION.
   (D)  THE  DEPARTMENT  OF  HEALTH SHALL REQUIRE THE INDEPENDENT ACTUARY
 SELECTED PURSUANT TO PARAGRAPH (A) OF  THIS  SUBDIVISION  TO  PROVIDE  A
 COMPLETE ACTUARIAL REPORT, ALONG WITH ALL ACTUARIAL ASSUMPTIONS MADE AND
 ALL  OTHER  DATA, MATERIALS AND METHODOLOGIES USED IN THE DEVELOPMENT OF
 RATES FOR THE 1332 STATE INNOVATION PLAN AUTHORIZED UNDER THIS  SECTION.
 SUCH REPORT SHALL BE PROVIDED ANNUALLY TO THE TEMPORARY PRESIDENT OF THE
 SENATE AND THE SPEAKER OF THE ASSEMBLY.
   8.  INELIGIBILITY.   AN INDIVIDUAL WHO IS LAWFULLY ADMITTED FOR PERMA-
 NENT RESIDENCE, PERMANENTLY RESIDING IN THE UNITED STATES UNDER COLOR OF
 LAW, OR WHO IS A NON-CITIZEN IN A VALID NONIMMIGRANT STATUS, AS  DEFINED
 IN  8  U.S.C.    1101(A)(15),  AND  WHO  WOULD BE INELIGIBLE FOR MEDICAL
 ASSISTANCE UNDER TITLE ELEVEN OF THIS ARTICLE DUE TO  THEIR  IMMIGRATION
 A. 3007--B                         105
 
 STATUS IF THE PROVISIONS OF SECTION ONE HUNDRED TWENTY-TWO OF THIS CHAP-
 TER  WERE  APPLIED,  SHALL  BE  CONSIDERED  TO BE INELIGIBLE FOR MEDICAL
 ASSISTANCE FOR PURPOSES OF PARAGRAPHS (B) AND (C) OF  SUBDIVISION  THREE
 OF THIS SECTION.
   9.  REPORTING. THE COMMISSIONER OF HEALTH SHALL SUBMIT A REPORT TO THE
 TEMPORARY PRESIDENT OF THE SENATE AND THE SPEAKER OF THE ASSEMBLY  ANNU-
 ALLY  BY  DECEMBER THIRTY-FIRST. THE REPORT SHALL INCLUDE, AT A MINIMUM,
 AN ANALYSIS OF THE 1332 STATE INNOVATION PROGRAM AND ITS IMPACT  ON  THE
 FINANCIAL INTEREST OF THE STATE; ITS IMPACT ON THE MARKETPLACE INCLUDING
 ENROLLMENT  AND PREMIUMS; ITS IMPACT ON THE NUMBER OF UNINSURED INDIVID-
 UALS IN THE STATE; ITS IMPACT ON THE MEDICAID GLOBAL CAP; AND THE  DEMO-
 GRAPHICS  OF  THE  1332 STATE INNOVATION PROGRAM ENROLLEES INCLUDING AGE
 AND IMMIGRATION STATUS.
   10. SEVERABILITY. IF THE SECRETARY OF HEALTH AND HUMAN SERVICES OR THE
 SECRETARY OF THE TREASURY DO NOT APPROVE ANY PROVISION OF  THE  APPLICA-
 TION FOR A STATE INNOVATION WAIVER, SUCH DECISION SHALL IN NO WAY AFFECT
 OR  IMPAIR  ANY  OTHER PROVISIONS THAT THE SECRETARIES MAY APPROVE UNDER
 THIS SECTION.
   § 4. The state finance law is amended by adding a new section 98-d  to
 read as follows:
   §  98-D. 1332 STATE INNOVATION PROGRAM FUND. 1. THERE IS HEREBY ESTAB-
 LISHED IN THE JOINT CUSTODY OF THE STATE COMPTROLLER AND THE COMMISSION-
 ER OF TAXATION AND FINANCE A SPECIAL FUND TO BE KNOWN AS THE "1332 STATE
 INNOVATION PROGRAM FUND".
   2. SUCH FUND SHALL BE KEPT SEPARATE AND SHALL NOT BE  COMMINGLED  WITH
 ANY  OTHER FUNDS IN THE CUSTODY OF THE STATE COMPTROLLER AND THE COMMIS-
 SIONER OF TAXATION AND FINANCE.
   3. SUCH FUND SHALL CONSIST OF  MONEYS  TRANSFERRED  FROM  THE  FEDERAL
 GOVERNMENT  PURSUANT TO 42 U.S.C. 18052 AND AN APPROVED 1332 STATE INNO-
 VATION PROGRAM WAIVER APPLICATION FOR THE PURPOSE IMPLEMENTING THE STATE
 PLAN UNDER THE 1332 STATE INNOVATION PROGRAM,  ESTABLISHED  PURSUANT  TO
 SECTION THREE HUNDRED SIXTY-NINE-II OF THE SOCIAL SERVICES LAW.
   4.  UPON  FEDERAL  APPROVAL,  ALL MONEYS IN SUCH FUND SHALL BE USED TO
 IMPLEMENT AND OPERATE THE 1332 STATE  INNOVATION  PROGRAM,  PURSUANT  TO
 SECTION  THREE  HUNDRED SIXTY-NINE-II OF THE SOCIAL SERVICES LAW, EXCEPT
 TO THE EXTENT THAT THE PROVISIONS OF SUCH SECTION CONFLICT OR ARE INCON-
 SISTENT WITH FEDERAL LAW, IN WHICH CASE THE PROVISIONS OF  SUCH  FEDERAL
 LAW SHALL SUPERSEDE SUCH STATE LAW PROVISIONS.
   §  5.  Subparagraph 1 of paragraph (g) of subdivision 1 of section 366
 of the social services law, as amended by section 45 of part B of  chap-
 ter 57 of the laws of 2015, is amended to read as follows:
   (1)  Applicants and recipients who are lawfully admitted for permanent
 residence, or who are permanently residing in the  United  States  under
 color of law, or who are non-citizens in a valid nonimmigrant status, as
 defined  in  8  U.S.C.    1101(a)(15); who are MAGI eligible pursuant to
 paragraph (b) of this subdivision;  and  who  would  be  ineligible  for
 medical  assistance  coverage  under subdivisions one and two of section
 three hundred sixty-five-a of this title solely due to their immigration
 status if the provisions of section one hundred twenty-two of this chap-
 ter were applied, shall only be eligible for assistance under this title
 if enrolled in a standard health plan offered by a basic health  program
 established  pursuant  to  section  three  hundred sixty-nine-gg of this
 article OR A STANDARD HEALTH PLAN OFFERED BY  A  1332  STATE  INNOVATION
 PROGRAM  ESTABLISHED  PURSUANT TO SECTION THREE HUNDRED SIXTY-NINE-II OF
 THIS ARTICLE if such program is established and operating.
 A. 3007--B                         106
 
   § 6. Severability clause. If any clause, sentence, paragraph, subdivi-
 sion, section or part of this act shall be  adjudged  by  any  court  of
 competent  jurisdiction  to  be invalid, such judgment shall not affect,
 impair, or invalidate the remainder thereof, but shall  be  confined  in
 its  operation  to the clause, sentence, paragraph, subdivision, section
 or part thereof directly involved in the controversy in which such judg-
 ment shall have been rendered. It is hereby declared to be the intent of
 the legislature that this act would  have  been  enacted  even  if  such
 invalid provisions had not been included herein.
   §  7.  This  act  shall take effect immediately and shall be deemed to
 have been in full force  and  effect  on  and  after  January  1,  2023;
 provided  that  section  three  of this act shall be contingent upon the
 commissioner of health obtaining and maintaining all necessary approvals
 from the secretary of health and human services and the secretary of the
 treasury based on an application  for  a  waiver  for  state  innovation
 pursuant  to  section 1332 of the patient protection and affordable care
 act (P.L.  111-148) and subdivision 25 of section 268-c  of  the  public
 health  law.  The department of health shall notify the legislative bill
 drafting commission upon  the  occurrence  of  approval  of  the  waiver
 program in order that the commission may maintain an accurate and timely
 data  base  of the official text of the laws of the state of New York in
 furtherance of effectuating the provisions of section 44 of the legisla-
 tive law and section 70-b of the public officers law.

                                  PART I
 
   Section 1. Subdivision (i) of section 111 of part H of chapter  59  of
 the laws of 2011, amending the public health law and other laws relating
 to  known and projected department of health state fund medical expendi-
 tures, as amended by section 8 of part E of chapter 57 of  the  laws  of
 2019, is amended to read as follows:
   (i)  the amendments to paragraph (b) and subparagraph (i) of paragraph
 (g) of subdivision 7 of section 4403-f of the public health law made  by
 section  forty-one-b  of  this act shall expire and be repealed April 1,
 [2023] 2027;
   § 2. Intentionally omitted.
   § 3. Intentionally omitted.
   § 4. The opening paragraph of subparagraph (i)  of  paragraph  (d)  of
 subdivision  6  of  section 4403-f of the public health law, as added by
 section 5 of part MM of chapter 56 of the laws of 2020,  is  amended  to
 read as follows:
   Effective  April  first, two thousand twenty, and expiring March thir-
 ty-first, two thousand [twenty-two] TWENTY-SEVEN, the commissioner shall
 place a moratorium on the processing and approval of applications  seek-
 ing a certificate of authority as a managed long term care plan pursuant
 to  this section, including applications seeking authorization to expand
 an existing managed long term care plan's approved service area or scope
 of eligible enrollee populations. Such moratorium shall not apply to:
   § 5. Intentionally omitted.
   § 6. Subparagraph (i) of paragraph (g) of  subdivision  7  of  section
 4403-f  of the public health law, as amended by section 1 of part GGG of
 chapter 59 of the laws of 2017, is amended to read as follows:
   (i) Managed long term care plans and demonstrations may enroll  eligi-
 ble  persons  in  the  plan  or  demonstration  upon the completion of a
 comprehensive assessment that shall include, but not be limited  to,  an
 evaluation of the medical, social, cognitive, and environmental needs of
 A. 3007--B                         107
 
 each  prospective  enrollee  in such program. This assessment shall also
 serve as the basis for the development and provision of  an  appropriate
 plan  of  care  for  the enrollee, INCLUDING APPROPRIATE COMMUNITY-BASED
 REFERRALS. Upon approval of federal waivers pursuant to paragraph (b) of
 this subdivision which require medical assistance recipients who require
 community-based  long  term  care services to enroll in a plan, and upon
 approval of the commissioner, a plan may  enroll  an  applicant  who  is
 currently  receiving  home and community-based services and complete the
 comprehensive assessment within thirty days of enrollment provided  that
 the  plan  continues  to  cover transitional care until such time as the
 assessment is completed.
   § 6-a. Subparagraph (i) of paragraph (g) of subdivision 7  of  section
 4403-f  of  the public health law, as added by section 65-c of part A of
 chapter 57 of the laws of 2006 and as relettered by section 20 of part C
 of chapter 58 of the laws of 2007, is amended to read as follows:
   (i) Managed long term care plans and demonstrations may enroll  eligi-
 ble  persons  in  the  plan  or  demonstration  upon the completion of a
 comprehensive assessment that shall include, but not be limited  to,  an
 evaluation  of  the  medical,  social  and  environmental  needs of each
 prospective enrollee in such program. This assessment shall  also  serve
 as the basis for the development and provision of an appropriate plan of
 care for the prospective enrollee, INCLUDING APPROPRIATE COMMUNITY-BASED
 REFERRALS.
   § 7. Intentionally omitted.
   § 8. Intentionally omitted.
   § 9. Intentionally omitted.
   § 10. Intentionally omitted.
   § 11. Intentionally omitted.
   § 12. Intentionally omitted.
   §  13.  Part  I  of  chapter  57  of the laws of 2022, providing a one
 percent across the board payment increase to all qualifying fee-for-ser-
 vice Medicaid rates, is amended by adding two new sections 1-a  and  1-b
 to read as follows:
   §  1-A.  NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, FOR THE
 STATE FISCAL YEARS BEGINNING APRIL 1,  2023,  AND  THEREAFTER,  MEDICAID
 PAYMENTS  MADE  FOR  THE  OPERATING COMPONENT OF RESIDENTIAL HEALTH CARE
 FACILITIES SERVICES SHALL BE SUBJECT TO A UNIFORM RATE INCREASE  OF  TEN
 PERCENT  IN  ADDITION  TO  THE  INCREASE  CONTAINED  IN SUBDIVISION 1 OF
 SECTION 1 OF THIS PART, SUBJECT TO THE APPROVAL OF THE  COMMISSIONER  OF
 THE  DEPARTMENT  OF  HEALTH  AND  THE  DIRECTOR OF THE BUDGET. SUCH RATE
 INCREASE SHALL BE SUBJECT TO FEDERAL FINANCIAL PARTICIPATION.
   § 1-B. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY,  FOR  THE
 STATE  FISCAL  YEARS  BEGINNING  APRIL 1, 2023, AND THEREAFTER, MEDICAID
 PAYMENTS MADE FOR THE OPERATING COMPONENT OF ASSISTED LIVING PROGRAMS AS
 DEFINED BY PARAGRAPH (A) OF SUBDIVISION ONE  OF  SECTION  461-L  OF  THE
 SOCIAL  SERVICES  LAW SHALL BE SUBJECT TO A UNIFORM RATE INCREASE OF TEN
 PERCENT IN ADDITION TO THE INCREASE CONTAINED IN  SECTION  ONE  OF  THIS
 PART,  SUBJECT  TO THE APPROVAL OF THE COMMISSIONER OF THE DEPARTMENT OF
 HEALTH AND THE DIRECTOR OF THE  BUDGET.  SUCH  RATE  INCREASE  SHALL  BE
 SUBJECT TO FEDERAL FINANCIAL PARTICIPATION.
   § 14. Intentionally omitted.
   § 15. Intentionally omitted.
   § 16. Intentionally omitted.
   § 17. Intentionally omitted.
 A. 3007--B                         108
 
   §  18.  This  act shall take effect immediately and shall be deemed to
 have been in full force and effect on and after April 1, 2023; provided,
 however, that:
   (a)  the amendments to section 4403-f of the public health law made by
 sections four, six and six-a of this act shall not affect the repeal  of
 such section and shall be deemed repealed therewith;
   (b) the amendments to subparagraph (i) of paragraph (g) of subdivision
 7 of section 4403-f of the public health law made by section six of this
 act  shall  be  subject to the expiration and reversion of such subpara-
 graph pursuant to subdivision (i) of section 111 of part H of chapter 59
 of the laws of 2011, as amended, when upon such date the  provisions  of
 section six-a of this act shall take effect; and
   (c) effective immediately, the commissioner of health shall promulgate
 any  rules  and regulations and take such steps, including requiring the
 submission of reports or surveys  by  fiscal  intermediaries  under  the
 consumer  directed  personal assistance program, as may be necessary for
 the timely implementation of this act on or before such effective date.
 
                                  PART J
 
                           Intentionally Omitted
 
                                  PART K
 
   Section 1. Subparagraph 1 of paragraph (e) of subdivision 1 of section
 366 of the social services law, as added by section 1 of part D of chap-
 ter 56 of the laws of 2013, is amended to read as follows:
   (1) is an [inmate] INCARCERATED INDIVIDUAL or patient in  an  institu-
 tion  or  facility  wherein  medical  assistance  may not be provided in
 accordance with applicable federal or  state  requirements,  except  for
 persons  described in subparagraph ten of paragraph (c) of this subdivi-
 sion or subdivision one-a or  subdivision  one-b  of  this  section;  or
 EXCEPT FOR CERTAIN SERVICES PROVIDED TO PERSONS IN A CORRECTIONAL INSTI-
 TUTION OR FACILITY PERMITTED BY A WAIVER AUTHORIZED UNDER SECTION ELEVEN
 HUNDRED  FIFTEEN  OF  THE  FEDERAL  SOCIAL  SECURITY ACT, WHICH SHALL BE
 SUBJECT TO FEDERAL FINANCIAL PARTICIPATION FOR THE EXPENDITURES PROVIDED
 UNDER THE WAIVER.
   § 2.  This act shall take effect immediately and shall  be  deemed  to
 have been in full force and effect on and after April 1, 2023.
 
                                  PART L
 
                           Intentionally Omitted
 
                                  PART M
 
                           Intentionally Omitted
 
                                  PART N

   Section 1. Section 366 of the social services law is amended by adding
 a new subdivision 16 to read as follows:
 A. 3007--B                         109
 
   16.  (A) THE COMMISSIONER OF HEALTH IS AUTHORIZED TO SUBMIT THE APPRO-
 PRIATE WAIVERS AND/OR ANY OTHER REQUIRED REQUESTS FOR FEDERAL  APPROVAL,
 INCLUDING BUT NOT LIMITED TO, THOSE AUTHORIZED IN SECTION ELEVEN HUNDRED
 FIFTEEN  OF  THE  FEDERAL  SOCIAL  SECURITY  ACT,  IN ORDER TO ESTABLISH
 EXPANDED  MEDICAL  ASSISTANCE  ELIGIBILITY FOR WORKING DISABLED INDIVID-
 UALS. SUCH WAIVER APPLICATIONS SHALL BE EXECUTED CONSISTENT  WITH  PARA-
 GRAPHS  (B),  (C),  (D) AND (E) OF THIS SUBDIVISION, TO THE EXTENT THOSE
 SECTIONS COMPLY WITH THE REQUIREMENTS OF SECTION ELEVEN HUNDRED  FIFTEEN
 OF  THE FEDERAL SOCIAL SECURITY ACT.  NOTWITHSTANDING SUBPARAGRAPHS FIVE
 AND SIX OF PARAGRAPH (C) OF SUBDIVISION ONE OF THIS SECTION AND SUBDIVI-
 SION TWELVE OF SECTION THREE HUNDRED SIXTY-SEVEN-A OF THIS TITLE, OR ANY
 OTHER PROVISION OF LAW TO THE CONTRARY,  IF  GRANTED  SUCH  WAIVER,  THE
 COMMISSIONER OF HEALTH MAY AUTHORIZE ELIGIBLE PERSONS TO RECEIVE MEDICAL
 ASSISTANCE  PURSUANT TO THE WAIVER IF, FOR SO LONG AS, AND TO THE EXTENT
 THAT, FINANCIAL PARTICIPATION IS AVAILABLE THEREFOR. THE WAIVER APPLICA-
 TION SHALL PROVIDE FOR THIRTY THOUSAND PERSONS TO BE ELIGIBLE TO PARTIC-
 IPATE IN SUCH WAIVER.
   (B) INDIVIDUALS ELIGIBLE FOR PARTICIPATION IN SUCH WAIVER SHALL:
   (I) BE A DISABLED INDIVIDUAL, DEFINED AS HAVING A MEDICALLY DETERMINA-
 BLE IMPAIRMENT OF SUFFICIENT SEVERITY AND DURATION TO QUALIFY FOR  BENE-
 FITS UNDER TITLES II OR XVI OF THE SOCIAL SECURITY ACT;
   (II) BE AT LEAST SIXTEEN YEARS OF AGE;
   (III)  BE  OTHERWISE ELIGIBLE FOR MEDICAL ASSISTANCE BENEFITS, BUT FOR
 EARNINGS AND/OR RESOURCES IN EXCESS OF THE ALLOWABLE LIMIT;
   (IV) HAVE NET AVAILABLE INCOME, DETERMINED IN ACCORDANCE WITH SUBDIVI-
 SION TWO OF THIS SECTION, THAT DOES NOT EXCEED TWO THOUSAND TWO  HUNDRED
 FIFTY  PERCENT  OF  THE  APPLICABLE FEDERAL POVERTY LINE, AS DEFINED AND
 UPDATED BY THE UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES;
   (V) HAVE RESOURCES, AS DEFINED IN PARAGRAPH (E) OF SUBDIVISION TWO  OF
 SECTION  THREE  HUNDRED SIXTY-SIX-C OF THIS TITLE, OTHER THAN RETIREMENT
 ACCOUNTS, THAT DO NOT EXCEED THREE HUNDRED THOUSAND DOLLARS;
   (VI) CONTRIBUTE TO THE COST OF MEDICAL ASSISTANCE PROVIDED PURSUANT TO
 THIS PARAGRAPH IN ACCORDANCE WITH PARAGRAPH (D) OF THIS SUBDIVISION; AND
   (VII) MEET SUCH OTHER CRITERIA AS MAY BE ESTABLISHED  BY  THE  COMMIS-
 SIONER AS MAY BE NECESSARY TO ADMINISTER THE PROVISIONS OF THIS SUBDIVI-
 SION IN AN EQUITABLE MANNER.
   (C)  AN  INDIVIDUAL  AT  LEAST  SIXTEEN YEARS OF AGE WHO: IS EMPLOYED;
 CEASES TO BE ELIGIBLE FOR PARTICIPATION IN SUCH WAIVER PURSUANT TO PARA-
 GRAPH (B) OF THIS SUBDIVISION BECAUSE THE PERSON, BY REASON  OF  MEDICAL
 IMPROVEMENT, IS DETERMINED AT THE TIME OF A REGULARLY SCHEDULED CONTINU-
 ING  DISABILITY  REVIEW  TO NO LONGER BE CERTIFIED AS DISABLED UNDER THE
 SOCIAL SECURITY ACT; CONTINUES TO HAVE A SEVERE  MEDICALLY  DETERMINABLE
 IMPAIRMENT, TO BE DETERMINED IN ACCORDANCE WITH APPLICABLE FEDERAL REGU-
 LATIONS;  AND  CONTRIBUTES  TO  THE  COST OF MEDICAL ASSISTANCE PROVIDED
 PURSUANT TO THIS PARAGRAPH IN ACCORDANCE  WITH  PARAGRAPH  (D)  OF  THIS
 SUBDIVISION,  SHALL  BE  ELIGIBLE  FOR PARTICIPATION IN SUCH WAIVER. FOR
 PURPOSES OF THIS PARAGRAPH, A PERSON IS CONSIDERED TO BE EMPLOYED IF THE
 PERSON IS EARNING AT LEAST THE APPLICABLE MINIMUM WAGE UNDER SECTION SIX
 OF THE FEDERAL FAIR LABOR STANDARDS ACT AND WORKING AT LEAST FORTY HOURS
 PER MONTH.
   (D) PRIOR TO RECEIVING MEDICAL ASSISTANCE PURSUANT TO SUCH  WAIVER,  A
 PERSON  WHOSE  NET  AVAILABLE  INCOME  IS  GREATER  THAN OR EQUAL TO TWO
 HUNDRED FIFTY PERCENT OF THE APPLICABLE FEDERAL POVERTY LINE SHALL PAY A
 MONTHLY PREMIUM, IN ACCORDANCE WITH A PROCEDURE TO BE ESTABLISHED BY THE
 COMMISSIONER, PROVIDED THAT NO ENROLLEE SHALL PAY A MONTHLY PREMIUM THAT
 EXCEEDS EXCEED EIGHT AND ONE-HALF  PERCENT  OF  THE  ENROLLEE'S  MONTHLY
 A. 3007--B                         110
 
 INCOME.  THE  AMOUNT  OF  SUCH  PREMIUM FOR A PERSON WHOSE NET AVAILABLE
 INCOME IS GREATER THAN OR EQUAL TO TWO  HUNDRED  FIFTY  PERCENT  OF  THE
 APPLICABLE  FEDERAL POVERTY LINE, BUT LESS THAN THREE HUNDRED PERCENT OF
 THE  APPLICABLE  FEDERAL  POVERTY LINE SHALL BE THREE HUNDRED AND FORTY-
 SEVEN DOLLARS BUT SHALL NOT EXCEED FOUR PERCENT OF THE ENROLLEE'S MONTH-
 LY INCOME.  THE AMOUNT OF SUCH PREMIUM FOR A PERSON WHOSE NET  AVAILABLE
 INCOME IS GREATER THAN OR EQUAL TO THREE HUNDRED PERCENT OF THE APPLICA-
 BLE  FEDERAL  POVERTY  LINE,  BUT  LESS THAN FOUR HUNDRED PERCENT OF THE
 APPLICABLE FEDERAL POVERTY LINE SHALL BE FIVE HUNDRED  EIGHTEEN  DOLLARS
 BUT  SHALL NOT EXCEED SIX PERCENT OF THE ENROLLEE'S MONTHLY INCOME.  THE
 AMOUNT OF SUCH PREMIUM FOR A PERSON WHOSE NET AVAILABLE INCOME IS GREAT-
 ER THAN OR EQUAL TO FOUR  HUNDRED  PERCENT  OF  THE  APPLICABLE  FEDERAL
 POVERTY  LINE,  BUT  LESS  THAN  FIVE  HUNDRED PERCENT OF THE APPLICABLE
 FEDERAL POVERTY LINE SHALL BE SEVEN HUNDRED AND SEVENTY-NINE DOLLARS BUT
 SHALL NOT EXCEED EIGHT AND ONE-HALF PERCENT OF  THE  ENROLLEE'S  MONTHLY
 INCOME.  THE  AMOUNT  OF  SUCH  PREMIUM FOR A PERSON WHOSE NET AVAILABLE
 INCOME IS EQUAL TO OR GREATER THAN FIVE HUNDRED PERCENT OF THE  APPLICA-
 BLE  FEDERAL  POVERTY LINE SHALL BE ONE THOUSAND FOUR HUNDRED AND FORTY-
 EIGHT DOLLARS BUT SHALL NOT EXCEED EIGHT AND  ONE-HALF  PERCENT  OF  THE
 ENROLLEE'S  MONTHLY  INCOME.  NO PREMIUM SHALL BE REQUIRED FROM A PERSON
 WHOSE NET AVAILABLE INCOME IS LESS THAN TWO HUNDRED FIFTY PERCENT OF THE
 APPLICABLE FEDERAL POVERTY LINE.
   (E) NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION OR  ANY  OTHER
 LAW  TO  THE  CONTRARY,  FOR  PURPOSES OF DETERMINING MEDICAL ASSISTANCE
 ELIGIBILITY FOR PERSONS SPECIFIED IN PARAGRAPH (B) OR (C) OF THIS SUBDI-
 VISION, THE INCOME AND RESOURCES OF RESPONSIBLE RELATIVES SHALL  NOT  BE
 DEEMED  AVAILABLE FOR AS LONG AS THE PERSON MEETS THE CRITERIA SPECIFIED
 IN THIS SUBDIVISION.
   § 2. This act shall take effect on January 1, 2025.
 
                                  PART O
 
                           Intentionally Omitted
 
                                  PART P
 
   Section 1. The public health law is amended by adding  a  new  section
 2825-h to read as follows:
   §  2825-H.  HEALTH CARE FACILITY TRANSFORMATION PROGRAM:  STATEWIDE V.
 1. A STATEWIDE HEALTH CARE FACILITY  TRANSFORMATION  PROGRAM  IS  HEREBY
 ESTABLISHED WITHIN THE DEPARTMENT FOR THE PURPOSE OF TRANSFORMING, REDE-
 SIGNING,  AND  STRENGTHENING  QUALITY  HEALTH CARE SERVICES IN ALIGNMENT
 WITH STATEWIDE AND REGIONAL  HEALTH  CARE  NEEDS,  AND  IN  THE  ONGOING
 PANDEMIC  RESPONSE.  THE  PROGRAM SHALL ALSO PROVIDE FUNDING, SUBJECT TO
 LAWFUL APPROPRIATION, IN SUPPORT OF  CAPITAL  PROJECTS  THAT  FACILITATE
 FURTHERING SUCH TRANSFORMATIONAL GOALS.
   2.  THE  COMMISSIONER SHALL ENTER INTO AN AGREEMENT WITH THE PRESIDENT
 OF THE DORMITORY AUTHORITY OF THE STATE OF NEW YORK PURSUANT TO  SECTION
 SIXTEEN  HUNDRED  EIGHTY-R  OF  THE  PUBLIC AUTHORITIES LAW, WHICH SHALL
 APPLY TO THIS AGREEMENT, SUBJECT TO THE APPROVAL OF THE DIRECTOR OF  THE
 DIVISION  OF THE BUDGET, FOR THE PURPOSES OF THE DISTRIBUTION AND ADMIN-
 ISTRATION OF AVAILABLE FUNDS PURSUANT TO SUCH AGREEMENT, AND MADE AVAIL-
 ABLE PURSUANT TO THIS SECTION  AND  APPROPRIATION.  SUCH  FUNDS  MAY  BE
 AWARDED  AND  DISTRIBUTED  BY  THE  DEPARTMENT FOR GRANTS TO HEALTH CARE
 PROVIDERS INCLUDING BUT NOT LIMITED TO,  HOSPITALS,  RESIDENTIAL  HEALTH
 A. 3007--B                         111
 
 CARE FACILITIES, ADULT CARE FACILITIES LICENSED UNDER TITLE TWO OF ARTI-
 CLE  SEVEN  OF THE SOCIAL SERVICES LAW, DIAGNOSTIC AND TREATMENT CENTERS
 LICENSED OR GRANTED AN OPERATING CERTIFICATE UNDER THIS  CHAPTER,  CLIN-
 ICS, INCLUDING BUT NOT LIMITED TO THOSE LICENSED OR GRANTED AN OPERATING
 CERTIFICATE  UNDER  THIS  CHAPTER  OR THE MENTAL HYGIENE LAW, CHILDREN'S
 RESIDENTIAL TREATMENT FACILITIES LICENSED UNDER  ARTICLE  THIRTY-ONE  OF
 THE MENTAL HYGIENE LAW, ASSISTED LIVING PROGRAMS APPROVED BY THE DEPART-
 MENT PURSUANT TO SECTION FOUR HUNDRED SIXTY-ONE-L OF THE SOCIAL SERVICES
 LAW,  BEHAVIORAL  HEALTH  FACILITIES  LICENSED  OR  GRANTED AN OPERATING
 CERTIFICATE PURSUANT TO ARTICLES THIRTY-ONE AND THIRTY-TWO OF THE MENTAL
 HYGIENE LAW, HOME CARE PROVIDERS CERTIFIED  OR  LICENSED  UNDER  ARTICLE
 THIRTY-SIX OF THIS CHAPTER, PRIMARY CARE PROVIDERS, HOSPICES LICENSED OR
 GRANTED AN OPERATING CERTIFICATE PURSUANT TO ARTICLE FORTY OF THIS CHAP-
 TER,  COMMUNITY-BASED PROGRAMS FUNDED UNDER THE OFFICE OF MENTAL HEALTH,
 THE OFFICE OF ADDICTION SERVICES AND SUPPORTS,  THE  OFFICE  FOR  PEOPLE
 WITH  DEVELOPMENTAL DISABILITIES, OR THROUGH LOCAL GOVERNMENTAL UNITS AS
 DEFINED UNDER ARTICLE FORTY-ONE OF THE MENTAL HYGIENE  LAW,  INDEPENDENT
 PRACTICE  ASSOCIATIONS  OR  ORGANIZATIONS, AND RESIDENTIAL FACILITIES OR
 DAY PROGRAM FACILITIES LICENSED  OR  GRANTED  AN  OPERATING  CERTIFICATE
 UNDER  ARTICLE  SIXTEEN OF THE MENTAL HYGIENE LAW. A COPY OF SUCH AGREE-
 MENT, AND ANY AMENDMENTS THERETO, SHALL BE PROVIDED BY THE DEPARTMENT TO
 THE CHAIR OF THE SENATE FINANCE COMMITTEE, THE  CHAIR  OF  THE  ASSEMBLY
 WAYS AND MEANS COMMITTEE, AND THE DIRECTOR OF THE DIVISION OF THE BUDGET
 NO  LATER  THAN  THIRTY DAYS AFTER SUCH AGREEMENT IS FINALIZED. PROJECTS
 AWARDED, IN WHOLE OR PART, UNDER SECTIONS TWENTY-EIGHT  HUNDRED  TWENTY-
 FIVE-A  AND TWENTY-EIGHT HUNDRED TWENTY-FIVE-B OF THIS ARTICLE SHALL NOT
 BE ELIGIBLE FOR GRANTS OR AWARDS MADE AVAILABLE UNDER THIS SECTION.
   3. AT LEAST FIFTY MILLION DOLLARS OF TOTAL AWARDED FUNDS SHALL BE MADE
 TO COMMUNITY-BASED HEALTH CARE PROVIDERS, WHICH  FOR  PURPOSES  OF  THIS
 SECTION  SHALL BE DEFINED AS: A DIAGNOSTIC AND TREATMENT CENTER LICENSED
 OR GRANTED AN OPERATING CERTIFICATE UNDER THIS ARTICLE; A MENTAL  HEALTH
 CLINIC  LICENSED OR GRANTED AN OPERATING CERTIFICATE UNDER ARTICLE THIR-
 TY-ONE OF THE MENTAL HYGIENE LAW; A  SUBSTANCE  USE  DISORDER  TREATMENT
 CLINIC  LICENSED OR GRANTED AN OPERATING CERTIFICATE UNDER ARTICLE THIR-
 TY-TWO OF THE MENTAL HYGIENE LAW; INDEPENDENT PRACTICE  ASSOCIATIONS  OR
 ORGANIZATIONS;  A  CLINIC  LICENSED  OR GRANTED AN OPERATING CERTIFICATE
 UNDER ARTICLE SIXTEEN OF THE MENTAL HYGIENE LAW; A  HOME  CARE  PROVIDER
 CERTIFIED  OR  LICENSED  UNDER  ARTICLE  THIRTY-SIX  OF THIS CHAPTER; OR
 HOSPICES LICENSED OR GRANTED  AN  OPERATING  CERTIFICATE  UNDER  ARTICLE
 FORTY  OF  THIS CHAPTER; A MENTAL HEALTH OUTPATIENT PROVIDER LICENSED OR
 GRANTED AN OPERATING CERTIFICATE UNDER ARTICLE THIRTY-ONE OF THE  MENTAL
 HYGIENE  LAW;  A  SUBSTANCE  USE DISORDER TREATMENT PROVIDER LICENSED OR
 GRANTED AN OPERATING CERTIFICATE UNDER ARTICLE THIRTY-TWO OF THE  MENTAL
 HYGIENE LAW; A COMMUNITY-BASED PROGRAM FUNDED UNDER THE OFFICE OF MENTAL
 HEALTH,  THE  OFFICE  FOR  PEOPLE  WITH  DEVELOPMENTAL DISABILITIES, THE
 OFFICE OF ADDICTION SERVICES AND SUPPORTS OR  THROUGH  A  LOCAL  GOVERN-
 MENTAL  UNIT  AS  DEFINED  UNDER ARTICLE FORTY-ONE OF THE MENTAL HYGIENE
 LAW.
   4.  UP TO FIVE HUNDRED MILLION DOLLARS OF THE FUNDS  APPROPRIATED  FOR
 THIS  PROGRAM  SHALL  BE AWARDED FOR GRANTS TO HEALTH CARE PROVIDERS, AS
 DEFINED IN SUBDIVISION TWO OF THIS SECTION. AWARDS MADE PURSUANT TO THIS
 SUBDIVISION SHALL PROVIDE FUNDING ONLY  FOR  CAPITAL  PROJECTS,  TO  THE
 EXTENT  LAWFUL  APPROPRIATION AND FUNDING IS AVAILABLE, TO BUILD INNOVA-
 TIVE,  PATIENT-CENTERED  MODELS OF  CARE,  INCREASE ACCESS  TO  CARE, TO
 IMPROVE  THE  QUALITY  OF CARE AND TO ENSURE FINANCIAL SUSTAINABILITY OF
 HEALTH CARE PROVIDERS.
 A. 3007--B                         112

   5. UP TO FIVE HUNDRED MILLION DOLLARS OF THE  FUNDS  APPROPRIATED  FOR
 THIS PROGRAM SHALL BE AWARDED FOR TECHNOLOGICAL AND TELEHEALTH TRANSFOR-
 MATION PROJECTS.
   6. DISBURSEMENT OF AWARDS MAY BE CONTINGENT ON THE HEALTH CARE PROVID-
 ER AS DEFINED IN SUBDIVISION TWO OF THIS SECTION ACHIEVING CERTAIN PROC-
 ESS AND PERFORMANCE METRICS AND MILESTONES THAT ARE STRUCTURED TO ENSURE
 THAT THE GOALS OF THE PROJECT ARE ACHIEVED.
   7.  THE  DEPARTMENT SHALL PROVIDE A REPORT ON A QUARTERLY BASIS TO THE
 CHAIRS OF THE SENATE FINANCE, ASSEMBLY WAYS AND MEANS,  AND  SENATE  AND
 ASSEMBLY HEALTH COMMITTEES, UNTIL SUCH TIME AS THE DEPARTMENT DETERMINES
 THAT  THE  PROJECTS  THAT  RECEIVE  FUNDING PURSUANT TO THIS SECTION ARE
 SUBSTANTIALLY COMPLETE. SUCH REPORTS SHALL BE SUBMITTED  NO  LATER  THAN
 SIXTY  DAYS  AFTER THE CLOSE OF THE QUARTER, AND SHALL INCLUDE, FOR EACH
 AWARD, THE NAME OF THE HEALTH CARE PROVIDER AS  DEFINED  IN  SUBDIVISION
 TWO OF THIS SECTION, A DESCRIPTION OF THE PROJECT OR PURPOSE, THE AMOUNT
 OF  THE  AWARD,  DISBURSEMENT DATE, AND STATUS OF ACHIEVEMENT OF PROCESS
 AND PERFORMANCE METRICS AND MILESTONES PURSUANT TO  SUBDIVISION  SIX  OF
 THIS SECTION.
   §  2.  This  act  shall take effect immediately and shall be deemed to
 have been in full force and effect on and after April 1, 2023.
 
                                  PART Q
 
   Section 1. Subdivision 2 of section 365-a of the social  services  law
 is amended by adding new paragraph (kk) to read as follows:
   (KK)  COMMUNITY HEALTH WORKER SERVICES WHICH SHALL INCLUDE, BUT NOT BE
 LIMITED  TO, CULTURALLY APPROPRIATE PATIENT EDUCATION, HEALTH CARE NAVI-
 GATION, CARE COORDINATION INCLUDING THE  DEVELOPMENT  OF  A  CARE  PLAN,
 PATIENT  ADVOCACY,  AND  SUPPORT  SERVICES FOR THE MANAGEMENT OF CHRONIC
 CONDITIONS FOR CHILDREN  UNDER  AGE  TWENTY-ONE,  AND  FOR  ADULTS  WITH
 HEALTH-RELATED  SOCIAL  NEEDS,  WHEN  SUCH SERVICES ARE RECOMMENDED BY A
 PHYSICIAN OR OTHER HEALTH CARE PRACTITIONER AUTHORIZED UNDER TITLE EIGHT
 OF THE EDUCATION LAW, AND PROVIDED BY QUALIFIED COMMUNITY  HEALTH  WORK-
 ERS,  AS  DETERMINED  BY  THE COMMISSIONER OF HEALTH; PROVIDED, HOWEVER,
 THAT THE PROVISIONS OF THIS PARAGRAPH SHALL NOT TAKE EFFECT  UNLESS  ALL
 NECESSARY  APPROVALS UNDER FEDERAL LAW AND REGULATION HAVE BEEN OBTAINED
 TO RECEIVE FEDERAL FINANCIAL PARTICIPATION IN THE COSTS OF  HEALTH  CARE
 SERVICES PROVIDED PURSUANT TO THIS PARAGRAPH.  NOTHING IN THIS PARAGRAPH
 SHALL  BE  CONSTRUED  TO MODIFY ANY LICENSURE, CERTIFICATION OR SCOPE OF
 PRACTICE PROVISION UNDER TITLE EIGHT OF THE EDUCATION LAW.
   § 2. Clause (C) of subparagraph (ii) of paragraph (f)  of  subdivision
 2-a  of  section 2807 of the public health law, as amended by section 43
 of part B of chapter 58 of the laws of  2010,  is  amended  to  read  as
 follows:
   (C)  [individual  psychotherapy]  services provided by licensed social
 workers, LICENSED MENTAL HEALTH COUNSELORS, LICENSED CREATIVE ARTS THER-
 APISTS, AND LICENSED MARRIAGE AND FAMILY THERAPISTS, in accordance  with
 licensing  criteria  set  forth  in  applicable regulations[, to persons
 under the age of twenty-one and to persons requiring such services as  a
 result of or related to pregnancy or giving birth]; and
   § 3. This act shall take effect January 1, 2024.
 
                                  PART R
 A. 3007--B                         113
 
   Section  1.  Subdivision 2 of section 365-a of the social services law
 is amended by adding two  new  paragraphs  (kk)  and  (ll)  to  read  as
 follows:
   (KK) CARE AND SERVICES OF NUTRITIONISTS AND DIETITIANS CERTIFIED UNDER
 ARTICLE ONE HUNDRED FIFTY-SEVEN OF THE EDUCATION LAW ACTING WITHIN THEIR
 SCOPE OF PRACTICE.
   (LL)  CHRONIC  DISEASE  SELF-MANAGEMENT  PROGRAM FOR PERSONS DIAGNOSED
 WITH ARTHRITIS WHEN SUCH SERVICES ARE ORDERED BY A PHYSICIAN, REGISTERED
 PHYSICIAN'S  ASSISTANT,  REGISTERED  NURSE  PRACTITIONER,  OR   LICENSED
 MIDWIFE  AND  PROVIDED  BY  QUALIFIED  EDUCATORS,  AS  DETERMINED BY THE
 COMMISSIONER OF HEALTH,  SUBJECT  TO  FEDERAL  FINANCIAL  PARTICIPATION.
 NOTHING  IN  THIS  PARAGRAPH SHALL BE CONSTRUED TO MODIFY ANY LICENSURE,
 CERTIFICATION OR SCOPE OF PRACTICE PROVISION UNDER TITLE  EIGHT  OF  THE
 EDUCATION LAW.
   §  2.  Clause (A) of subparagraph (ii) of paragraph (f) of subdivision
 2-a of section 2807 of the public health law, as amended by  section  43
 of  part  B  of  chapter  58  of the laws of 2010, is amended to read as
 follows:
   (A) services provided in accordance with the provisions of  paragraphs
 (q)  [and],  (r),  AND  (LL) of subdivision two of section three hundred
 sixty-five-a of the social services law; and
   § 3. This act shall take effect July 1, 2023; provided, however,  that
 paragraph  (ll) of subdivision 2 of section 365-a of the social services
 law added by section one of this act and section two of this act,  shall
 take effect October 1, 2023.
 
                                  PART S
 
   Section 1. Intentionally omitted.
   §  2. Section 3002 of the public health law is amended by adding a new
 subdivision 1-a to read as follows:
   1-A. THE STATE EMERGENCY MEDICAL SERVICES  COUNCIL  SHALL  ADVISE  AND
 ASSIST  THE  COMMISSIONER ON SUCH ISSUES AS THE COMMISSIONER MAY REQUIRE
 RELATED TO THE PROVISION OF EMERGENCY MEDICAL SERVICE,  SPECIALTY  CARE,
 DESIGNATED  FACILITY  CARE,  AND  DISASTER  MEDICAL  CARE.    THIS SHALL
 INCLUDE, BUT SHALL NOT  BE  LIMITED  TO,  THE  RECOMMENDATION,  PERIODIC
 REVISION,  AND  APPLICATION  OF  RULES  AND REGULATIONS, APPROPRIATENESS
 REVIEW STANDARDS, TREATMENT PROTOCOLS, WORKFORCE DEVELOPMENT, AND QUALI-
 TY IMPROVEMENT STANDARDS. THE STATE EMERGENCY MEDICAL  SERVICES  COUNCIL
 SHALL  MEET  AT  LEAST  THREE  TIMES  PER YEAR OR MORE FREQUENTLY AT THE
 REQUEST OF THE CHAIRPERSON OR DEPARTMENT AND APPROVED BY THE COMMISSION-
 ER.
   § 2-a. Intentionally omitted.
   § 3. Section 3003 of the public health law is amended by adding a  new
 subdivision 1-a to read as follows:
   1-A. EACH REGIONAL EMERGENCY MEDICAL SERVICES COUNCIL SHALL ADVISE THE
 STATE  EMERGENCY  MEDICAL SERVICES COUNCIL AND DEPARTMENT ON SUCH ISSUES
 AS THE STATE  EMERGENCY  MEDICAL  SERVICES  COUNCIL  OR  DEPARTMENT  MAY
 REQUIRE, RELATED TO THE PROVISION OF EMERGENCY MEDICAL SERVICE, SPECIAL-
 TY  CARE, DESIGNATED FACILITY CARE, AND DISASTER MEDICAL CARE, AND SHALL
 CARRY OUT DUTIES TO ASSIST IN THE  REGIONAL  COORDINATION  OF  SUCH,  AS
 OUTLINED  BY  THE STATE EMERGENCY MEDICAL SERVICES COUNCIL WITH APPROVAL
 OF THE DEPARTMENT.
   § 4. Intentionally omitted.
   § 5. Intentionally omitted.
   § 6. Intentionally omitted.
 A. 3007--B                         114
 
   § 7. Intentionally omitted.
   §  8. The public health law is amended by adding a new section 3020 to
 read as follows:
   § 3020. RECRUITMENT AND RETENTION. 1.  THE COMMISSIONER  SHALL  ESTAB-
 LISH  AND FUND WITHIN AMOUNTS APPROPRIATED, A PUBLIC SERVICE CAMPAIGN TO
 RECRUIT ADDITIONAL PERSONNEL INTO THE EMERGENCY MEDICAL SYSTEM FIELDS.
   2. THE COMMISSIONER SHALL ESTABLISH AND FUND WITHIN AMOUNTS  APPROPRI-
 ATED AN EMERGENCY MEDICAL SYSTEM MENTAL HEALTH AND WELLNESS PROGRAM THAT
 PROVIDES  RESOURCES TO EMERGENCY MEDICAL SERVICE PRACTITIONERS TO RETAIN
 PERSONNEL IN THE EMERGENCY MEDICAL SYSTEM FIELDS.
   § 9. Intentionally omitted.
   § 10. Intentionally omitted.
   § 11. Intentionally omitted.
   § 12. Intentionally omitted.
   § 13. Intentionally omitted.
   § 14. This act shall take effect immediately.
 
                                  PART T
 
                           Intentionally Omitted
 
                                  PART U
 
                           Intentionally Omitted
 
                                  PART V
 
                           Intentionally Omitted
 
                                  PART W
 
   Section 1. Intentionally omitted.
   § 2. Intentionally omitted.
   § 3. Intentionally omitted.
   § 4. Intentionally omitted.
   § 5. Intentionally omitted.
   § 6. Intentionally omitted.
   § 7. Intentionally omitted.
   § 8. Intentionally omitted.
   § 9. Intentionally omitted.
   § 10. Intentionally omitted.
   § 11. Intentionally omitted.
   § 12. Intentionally omitted.
   § 13. Intentionally omitted.
   § 14. Intentionally omitted.
   § 15. Intentionally omitted.
   § 16. Intentionally omitted.
   § 17. Intentionally omitted.
   § 18. Intentionally omitted.
   § 19. Intentionally omitted.
   § 20. Intentionally omitted.
   § 21. Intentionally omitted.
   § 22. Intentionally omitted.
 A. 3007--B                         115
 
   § 23. Intentionally omitted.
   § 24. Intentionally omitted.
   § 25. Intentionally omitted.
   § 26. Subdivision (b) of section 12 of chapter 471 of the laws of 2016
 amending the education law and the public health law relating to author-
 izing  certain  advanced  home  health aides to perform certain advanced
 tasks, is amended to read as follows:
   b. this act shall expire and be deemed repealed March 31, [2023] 2029.
   § 27. Intentionally omitted.
   § 28. Intentionally omitted.
   § 29. Intentionally omitted.
   § 30. Intentionally omitted.
   § 31. Intentionally omitted.
   § 32. Intentionally omitted.
   § 33. This act shall take effect immediately.
 
                                  PART X
 
   Section 1. The public health law is amended by adding  a  new  article
 29-K to read as follows:
                               ARTICLE 29-K
          REGISTRATION OF TEMPORARY HEALTH CARE SERVICES AGENCIES
 SECTION 2999-II. DEFINITIONS.
         2999-JJ. REGISTRATION  OF  TEMPORARY  HEALTH CARE SERVICES AGEN-
                    CIES; REQUIREMENTS.
         2999-KK. TEMPORARY HEALTH CARE SERVICES AGENCIES; MINIMUM STAND-
                    ARDS.
         2999-LL. VIOLATIONS; PENALTIES.
         2999-MM. RATES FOR TEMPORARY HEALTH CARE SERVICES.
   § 2999-II. DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE:
   1. "CERTIFIED NURSE AIDE" MEANS A PERSON INCLUDED IN THE NURSING  HOME
 NURSE  AIDE REGISTRY PURSUANT TO SECTION TWENTY-EIGHT HUNDRED THREE-J OF
 THIS CHAPTER AS ADDED BY CHAPTER SEVEN HUNDRED SEVENTEEN OF THE LAWS  OF
 NINETEEN HUNDRED EIGHTY-NINE.
   2.  "CONTROLLING  PERSON" MEANS A PERSON, OFFICER, PROGRAM ADMINISTRA-
 TOR, OR DIRECTOR WHOSE RESPONSIBILITIES INCLUDE  THE  DIRECTION  OF  THE
 MANAGEMENT  OR  POLICIES  OF  A  TEMPORARY  HEALTH CARE SERVICES AGENCY.
 "CONTROLLING PERSON" ALSO MEANS AN  INDIVIDUAL  WHO,  DIRECTLY  OWNS  AT
 LEAST  TEN  PERCENT  VOTING  INTEREST  IN A CORPORATION, PARTNERSHIP, OR
 OTHER BUSINESS ENTITY THAT IS A CONTROLLING PERSON.
   3. "HEALTH CARE ENTITY" MEANS AN  AGENCY,  CORPORATION,  FACILITY,  OR
 INDIVIDUAL PROVIDING MEDICAL OR HEALTH CARE SERVICES.
   4.  "HEALTH  CARE  PERSONNEL"  MEANS NURSES, CERTIFIED NURSE AIDES AND
 LICENSED OR UNLICENSED DIRECT CARE WORKERS  EMPLOYED  BY  THE  TEMPORARY
 HEALTH  CARE  SERVICES  AGENCY TO PROVIDE TEMPORARY SERVICES IN A HEALTH
 CARE ENTITY.
   5. "NURSE" MEANS A REGISTERED PROFESSIONAL NURSE, OR A LICENSED  PRAC-
 TICAL  NURSE AS DEFINED BY ARTICLE ONE HUNDRED THIRTY-NINE OF THE EDUCA-
 TION LAW.
   6. "DIRECT CARE WORKER" MEANS  AN  EMPLOYEE  WHO  IS  RESPONSIBLE  FOR
 PATIENT/RESIDENT HANDLING OR PATIENT/RESIDENT ASSESSMENT AS A REGULAR OR
 INCIDENTAL  PART  OF  THEIR  EMPLOYMENT, INCLUDING ANY LICENSED OR UNLI-
 CENSED HEALTH CARE WORKER.
   7. "PERSON" MEANS AN INDIVIDUAL, FIRM,  CORPORATION,  PARTNERSHIP,  OR
 ASSOCIATION.
 A. 3007--B                         116
 
   8. "TEMPORARY HEALTH CARE SERVICES AGENCY" OR "AGENCY" MEANS A PERSON,
 FIRM, CORPORATION, PARTNERSHIP, ASSOCIATION OR OTHER ENTITY IN THE BUSI-
 NESS  OF  PROVIDING  OR  PROCURING  TEMPORARY  EMPLOYMENT OF HEALTH CARE
 PERSONNEL FOR HEALTH CARE ENTITIES. TEMPORARY HEALTH CARE SERVICES AGEN-
 CY SHALL INCLUDE A NURSES' REGISTRY LICENSED UNDER ARTICLE ELEVEN OF THE
 GENERAL  BUSINESS  LAW AND ENTITIES THAT UTILIZE APPS OR OTHER TECHNOLO-
 GY-BASED SOLUTIONS TO PROVIDE OR PROCURE TEMPORARY EMPLOYMENT OF  HEALTH
 CARE  PERSONNEL  IN HEALTH CARE ENTITIES. TEMPORARY HEALTH CARE SERVICES
 AGENCY SHALL NOT INCLUDE: (A) AN INDIVIDUAL WHO ONLY ENGAGES IN  PROVID-
 ING  THE  INDIVIDUAL'S  OWN SERVICES ON A TEMPORARY BASIS TO HEALTH CARE
 ENTITIES; OR (B) A HOME CARE AGENCY LICENSED UNDER ARTICLE THIRTY-SIX OF
 THIS CHAPTER.
   § 2999-JJ. REGISTRATION OF TEMPORARY HEALTH  CARE  SERVICES  AGENCIES;
 REQUIREMENTS.  1.  ANY  PERSON  WHO  OPERATES  A  TEMPORARY  HEALTH CARE
 SERVICES AGENCY SHALL REGISTER THE AGENCY WITH THE DEPARTMENT.
   2. THE COMMISSIONER SHALL PUBLISH GUIDELINES  ESTABLISHING  THE  FORMS
 AND  PROCEDURES  FOR APPLICATIONS FOR REGISTRATION. FORMS SHALL INCLUDE,
 AT A MINIMUM ALL OF THE FOLLOWING:
   (A) THE NAMES AND ADDRESSES OF  THE  TEMPORARY  HEALTH  CARE  SERVICES
 AGENCY CONTROLLING PERSON OR PERSONS.
   (B) THE NAMES AND ADDRESSES OF HEALTH CARE ENTITIES WHERE THE CONTROL-
 LING PERSON OR PERSONS OR THEIR FAMILY MEMBERS:
   (I) HAVE AN OWNERSHIP RELATIONSHIP; OR
   (II) DIRECT THE MANAGEMENT OR POLICIES OF SUCH HEALTH CARE ENTITIES.
   (C)  A DEMONSTRATION THAT THE APPLICANT IS OF GOOD MORAL CHARACTER AND
 ABLE TO COMPLY WITH ALL APPLICABLE STATE LAWS AND  REGULATIONS  RELATING
 TO THE ACTIVITIES IN WHICH IT INTENDS TO ENGAGE UNDER THE REGISTRATION.
   (D)  REGISTRATION AND REGISTRATION ANNUAL RENEWAL FEES OF ONE THOUSAND
 DOLLARS WHICH SHALL ONLY BE USED  FOR  THE  PURPOSE  OF  OPERATING  THIS
 REGISTRY.
   (E) THE STATE OF INCORPORATION OF THE AGENCY.
   (F)  ANY  ADDITIONAL  INFORMATION  THAT THE COMMISSIONER DETERMINES IS
 NECESSARY TO PROPERLY EVALUATE AN APPLICATION FOR REGISTRATION.
   3. AS A CONDITION OF REGISTRATION, A TEMPORARY  HEALTH  CARE  SERVICES
 AGENCY:
   (A)  SHALL  DOCUMENT  THAT  EACH TEMPORARY EMPLOYEE PROVIDED TO HEALTH
 CARE ENTITIES CURRENTLY  MEETS  THE  MINIMUM  LICENSING,  TRAINING,  AND
 CONTINUING  EDUCATION  STANDARDS  FOR THE POSITION IN WHICH THE EMPLOYEE
 WILL BE WORKING.
   (B) SHALL COMPLY WITH ALL PERTINENT  REQUIREMENTS  AND  QUALIFICATIONS
 FOR PERSONNEL EMPLOYED IN HEALTH CARE ENTITIES.
   (C)  SHALL  NOT RESTRICT IN ANY MANNER THE EMPLOYMENT OPPORTUNITIES OF
 ITS EMPLOYEES.
   (D) SHALL MAINTAIN INSURANCE COVERAGE FOR  WORKERS'  COMPENSATION  AND
 DISABILITY  COVERAGE  FOR ALL HEALTH CARE PERSONNEL PROVIDED OR PROCURED
 BY THE AGENCY.
   (E) SHALL NOT REQUIRE THE PAYMENT OF  LIQUIDATED  DAMAGES,  EMPLOYMENT
 FEES,  OR OTHER COMPENSATION SHOULD THE EMPLOYEE BE HIRED AS A PERMANENT
 EMPLOYEE OF A HEALTH CARE ENTITY IN ANY CONTRACT WITH  ANY  EMPLOYEE  OR
 HEALTH CARE ENTITY OR OTHERWISE.
   (F)  SHALL  DOCUMENT  THAT  EACH TEMPORARY EMPLOYEE PROVIDED TO HEALTH
 CARE ENTITIES IS JOINTLY EMPLOYED BY THE AGENCY AND THE  ENTITY  AND  IS
 NOT AN INDEPENDENT CONTRACTOR.
   (G)  SHALL RETAIN ALL RECORDS OF EMPLOYMENT FOR SIX CALENDAR YEARS AND
 MAKE THEM AVAILABLE TO THE DEPARTMENT UPON REQUEST.
 A. 3007--B                         117
 
   (H) SHALL COMPLY WITH ANY REQUESTS MADE BY THE DEPARTMENT  TO  EXAMINE
 THE  BOOKS  AND  RECORDS OF THE AGENCY, SUBPOENA WITNESSES AND DOCUMENTS
 AND MAKE SUCH OTHER INVESTIGATION AS IS NECESSARY IN THE EVENT THAT  THE
 DEPARTMENT  HAS REASON TO BELIEVE THAT THE BOOKS OR RECORDS DO NOT ACCU-
 RATELY  REFLECT THE FINANCIAL CONDITION OR FINANCIAL TRANSACTIONS OF THE
 AGENCY.
   (I) SHALL COMPLY WITH ANY ADDITIONAL REQUIREMENTS THE  DEPARTMENT  MAY
 DEEM NECESSARY.
   4. A REGISTRATION ISSUED BY THE COMMISSIONER ACCORDING TO THIS SECTION
 SHALL  BE EFFECTIVE FOR A PERIOD OF ONE YEAR, UNLESS THE REGISTRATION IS
 REVOKED OR SUSPENDED, OR UNLESS OWNERSHIP INTEREST  OF  TEN  PERCENT  OR
 MORE,  OR  MANAGEMENT  OF  THE TEMPORARY HEALTH CARE SERVICES AGENCY, IS
 SOLD OR TRANSFERRED. WHEN OWNERSHIP INTEREST OF TEN PERCENT OR MORE,  OR
 MANAGEMENT  OF A TEMPORARY HEALTH CARE SERVICES AGENCY IS SOLD OR TRANS-
 FERRED, THE REGISTRATION OF THE AGENCY MAY BE  TRANSFERRED  TO  THE  NEW
 OWNER  OR  OPERATOR  FOR THIRTY DAYS, OR UNTIL THE NEW OWNER OR OPERATOR
 APPLIES AND IS GRANTED OR DENIED A NEW REGISTRATION, WHICHEVER IS  SOON-
 ER.
   5.  THE  COMMISSIONER  MAY,  AFTER  APPROPRIATE  NOTICE  AND  HEARING,
 SUSPEND, REVOKE, OR REFUSE TO ISSUE OR RENEW ANY REGISTRATION  OR  ISSUE
 ANY  FINES  ESTABLISHED  PURSUANT TO SECTION TWENTY-NINE HUNDRED NINETY-
 NINE-LL OF THIS ARTICLE IF THE APPLICANT FAILS TO COMPLY WITH THIS ARTI-
 CLE OR ANY GUIDELINES, RULES AND REGULATIONS PROMULGATED THEREUNDER.
   6. THE COMMISSIONER SHALL PUBLISH A  LIST  OF  TEMPORARY  HEALTH  CARE
 SERVICES  AGENCIES  REGISTERED  WITH  THE DEPARTMENT ON THE DEPARTMENT'S
 PUBLIC WEBSITE.
   7. THE DEPARTMENT SHALL PUBLISH A QUARTERLY REPORT  CONTAINING  AGGRE-
 GATED AND DE-IDENTIFIED DATA COLLECTED UNDER THIS ARTICLE ON THE DEPART-
 MENT'S WEBSITE.
   8. THE DEPARTMENT, IN CONSULTATION WITH THE DEPARTMENT OF LABOR, SHALL
 PROVIDE  A  REPORT TO THE GOVERNOR AND LEGISLATURE ON OCTOBER FIRST, TWO
 THOUSAND  TWENTY-THREE,  SUMMARIZING  THE  KEY  FINDINGS  OF  THE   DATA
 COLLECTED PURSUANT TO THIS ARTICLE.
   9.  THE  COMMISSIONER  SHALL  ESTABLISH  A SYSTEM FOR THE REPORTING OF
 COMPLAINTS AGAINST A  TEMPORARY  HEALTH  CARE  STAFFING  AGENCY  OR  ITS
 EMPLOYEES. REPORTS MAY BE MADE BY ANY INDIVIDUAL. THE COMMISSIONER SHALL
 INVESTIGATE ALL COMPLAINTS MADE AGAINST A TEMPORARY HEALTH CARE STAFFING
 AGENCY.
   § 2999-KK. TEMPORARY HEALTH CARE SERVICES AGENCIES; MINIMUM STANDARDS.
 1.  A TEMPORARY HEALTH CARE SERVICES AGENCY SHALL APPOINT AN ADMINISTRA-
 TOR QUALIFIED BY TRAINING, EXPERIENCE OR EDUCATION TO OPERATE THE  AGEN-
 CY.  EACH SEPARATE AGENCY LOCATION SHALL HAVE ITS OWN ADMINISTRATOR.
   2.  A TEMPORARY HEALTH CARE SERVICES AGENCY SHALL DEVELOP AND MAINTAIN
 WRITTEN EMPLOYMENT POLICIES AND PROCEDURES. THE AGENCY SHALL INFORM  ITS
 EMPLOYEES  OF  THE  TERMS AND CONDITIONS OF EMPLOYMENT BY THAT AGENCY AT
 THE TIME OF HIRE, AS WELL AS NO LESS THAN ANNUALLY THEREAFTER.
   3. A TEMPORARY HEALTH CARE SERVICES AGENCY  SHALL  MAINTAIN  HOURS  OF
 OPERATION  AT  EACH  OF ITS LOCATIONS SUFFICIENT TO MEET THE OBLIGATIONS
 UNDER ITS WRITTEN AGREEMENTS WITH HEALTH CARE ENTITIES.
   4. A TEMPORARY HEALTH CARE SERVICES AGENCY SHALL  MAINTAIN  A  WRITTEN
 AGREEMENT OR CONTRACT WITH EACH HEALTH CARE ENTITY, WHICH SHALL INCLUDE,
 AT A MINIMUM:
   (A) THE REQUIRED MINIMUM LICENSING, TRAINING, AND CONTINUING EDUCATION
 REQUIREMENTS FOR EACH ASSIGNED HEALTH CARE PERSONNEL.
   (B)  ANY  REQUIREMENT  FOR  MINIMUM  ADVANCE NOTICE IN ORDER TO ENSURE
 PROMPT ARRIVAL OF ASSIGNED HEALTH CARE PERSONNEL.
 A. 3007--B                         118
 
   (C) THE MAXIMUM RATES THAT CAN BE BILLED OR CHARGED BY  THE  TEMPORARY
 HEALTH  CARE  SERVICES  AGENCY  PURSUANT  TO SECTION TWENTY-NINE HUNDRED
 NINETY-NINE-MM OF THIS ARTICLE AND ANY APPLICABLE REGULATIONS.
   (D)  THE  RATES  TO  BE  CHARGED BY THE TEMPORARY HEALTH CARE SERVICES
 AGENCY.
   (E) PROCEDURES FOR THE  INVESTIGATION  AND  RESOLUTION  OF  COMPLAINTS
 ABOUT  THE  PERFORMANCE OF TEMPORARY HEALTH CARE SERVICES AGENCY PERSON-
 NEL.
   (F) PROCEDURES FOR NOTICE FROM HEALTH  CARE  ENTITIES  OF  FAILURE  OF
 MEDICAL PERSONNEL TO REPORT TO ASSIGNMENTS AND FOR BACK-UP STAFF IN SUCH
 INSTANCES.
   (G) PROCEDURES FOR NOTICE OF ACTUAL OR SUSPECTED ABUSE, THEFT, TAMPER-
 ING OR OTHER DIVERSION OF CONTROLLED SUBSTANCES BY MEDICAL PERSONNEL.
   (H)  THE  TYPES  AND QUALIFICATIONS OF HEALTH CARE PERSONNEL AVAILABLE
 FOR ASSIGNMENT THROUGH THE TEMPORARY HEALTH CARE SERVICES AGENCY.
   5. A TEMPORARY HEALTH CARE SERVICES AGENCY SHALL SUBMIT TO THE DEPART-
 MENT COPIES OF ALL CONTRACTS BETWEEN THE AGENCY AND A HEALTH CARE ENTITY
 TO WHICH IT ASSIGNS OR REFERS HEALTH CARE PERSONNEL, AND COPIES  OF  ALL
 INVOICES  TO  HEALTH CARE ENTITIES PERSONNEL. EXECUTED CONTRACTS MUST BE
 SENT TO THE DEPARTMENT WITHIN FIVE BUSINESS DAYS OF THEIR EFFECTIVE DATE
 AND ARE NOT SUBJECT TO DISCLOSURE UNDER ARTICLE SIX OF THE PUBLIC  OFFI-
 CERS LAW.
   6. THE COMMISSIONER MAY MAKE REGULATIONS TO IMPLEMENT THE REQUIREMENTS
 OF THIS SECTION.
   7.  THE COMMISSIONER MAY WAIVE THE REQUIREMENTS OF THIS ARTICLE DURING
 A DECLARED STATE OR FEDERAL PUBLIC HEALTH EMERGENCY.
   § 2999-LL. VIOLATIONS; PENALTIES. IN ADDITION TO OTHER REMEDIES AVAIL-
 ABLE BY LAW, VIOLATIONS OF THE PROVISIONS OF THIS ARTICLE AND ANY  REGU-
 LATIONS  PROMULGATED  THEREUNDER SHALL BE SUBJECT TO PENALTIES AND FINES
 PURSUANT TO SECTION TWELVE OF THIS CHAPTER; PROVIDED, HOWEVER, THAT EACH
 VIOLATION COMMITTED BY EACH INDIVIDUAL EMPLOYEE OF  A  TEMPORARY  HEALTH
 CARE SERVICES AGENCY SHALL BE CONSIDERED A SEPARATE VIOLATION.
   §  2999-MM.  RATES  FOR  TEMPORARY HEALTH CARE SERVICES.  1. THE TOTAL
 AMOUNT A TEMPORARY HEALTH CARE SERVICES AGENCY MAY CHARGE A HEALTH  CARE
 FACILITY FOR ANY EMPLOYEE, INCLUDING FOR ALL WAGES AND ANY OTHER FEES OR
 CHARGES  ASSOCIATED WITH THAT EMPLOYEE, WHEN CONVERTED TO AN HOURLY RATE
 OF THE EMPLOYEE BASED ON THE TOTAL HOURS  WORKED  FOR  A  GIVEN  PERIOD,
 SHALL  NOT BE MORE THAN FIFTEEN PERCENT ABOVE THE HOURLY RATE THE AGENCY
 PAYS TO A HEALTH CARE PROFESSIONAL FOR THAT SAME  PERIOD.    THE  HOURLY
 RATE  PAID  BY  A TEMPORARY HEALTH CARE STAFFING AGENCY TO A HEALTH CARE
 PROFESSIONAL SHALL BE CALCULATED BASED ON THE GROSS  AMOUNT  PAID  TO  A
 HEALTH  CARE  PROFESSIONAL  BY THE TEMPORARY HEALTH CARE STAFFING AGENCY
 FOR SERVICES PROVIDED IN THE GIVEN PERIOD DIVIDED  BY  THE  TOTAL  HOURS
 WORKED FOR THAT PERIOD.
   2.  A  TEMPORARY HEALTH CARE SERVICES AGENCY SHALL REPORT QUARTERLY TO
 THE DEPARTMENT A FULL DISCLOSURE OF CHARGES AND COMPENSATION,  INCLUDING
 A  SCHEDULE  OF  ALL  HOURLY BILL RATES PER CATEGORY OF EMPLOYEE, A FULL
 DESCRIPTION OF ADMINISTRATIVE CHARGES, AND A SCHEDULE OF  RATES  OF  ALL
 COMPENSATION PER CATEGORY OF EMPLOYEE, INCLUDING, BUT NOT LIMITED TO:
   (A) HOURLY REGULAR PAY RATE, SHIFT DIFFERENTIAL, WEEKEND DIFFERENTIAL,
 HAZARD  PAY, CHARGE NURSE ADD-ON, OVERTIME, HOLIDAY PAY, TRAVEL OR MILE-
 AGE PAY, AND ANY HEALTH OR OTHER FRINGE BENEFITS PROVIDED;
   (B) THE PERCENTAGE OF HEALTH  CARE  ENTITY  DOLLARS  THAT  THE  AGENCY
 EXPENDED  ON  TEMPORARY  PERSONNEL  WAGES  AND  BENEFITS COMPARED TO THE
 TEMPORARY HEALTH CARE SERVICES AGENCY'S PROFITS AND OTHER ADMINISTRATIVE
 COSTS;
 A. 3007--B                         119
 
   (C) A LIST OF THE STATES AND ZIP CODES  OF  THEIR  EMPLOYEES'  PRIMARY
 RESIDENCES;
   (D)  THE NAMES OF ALL HEALTH CARE ENTITIES THEY HAVE CONTRACTED WITHIN
 NEW YORK STATE;
   (E) THE NUMBER OF EMPLOYEES OF  THE  TEMPORARY  HEALTH  CARE  SERVICES
 AGENCY WORKING AT EACH ENTITY; AND
   (F) ANY OTHER INFORMATION PRESCRIBED BY THE COMMISSIONER.
   §  2.  This  act  shall take effect immediately and shall be deemed to
 have been in full force and effect on and after April 1, 2023.
 
                                  PART Y
 
   Section 1. This Part enacts into law major components  of  legislation
 relating  to  medical  debt  and  drug  prices. Each component is wholly
 contained within a Subpart identified  as  Subparts  A  through  D.  The
 effective  date  for  each  particular  provision  contained within such
 Subpart is set forth in the last section of such Subpart. Any  provision
 in  any section contained within a Subpart, including the effective date
 of the Subpart, which makes reference to a section "of this  act",  when
 used  in  connection  with that particular component, shall be deemed to
 mean and refer to the corresponding section of the Subpart in  which  it
 is  found.  Section  three of this Part sets forth the general effective
 date of this Part.
 
                                 SUBPART A
 
   Section 1. Subdivisions (f) and (j) of section 3215 of the civil prac-
 tice law and rules, subdivision (f) as amended and  subdivision  (j)  as
 added  by chapter 593 of the laws of 2021, subdivision (f) as separately
 amended by chapter 831 of the laws of  2021,  are  amended  to  read  as
 follows:
   (f)  Proof.  On any application for judgment by default, the applicant
 shall file proof of service of the  summons  and  the  complaint,  or  a
 summons  and  notice  served  pursuant to subdivision (b) of rule 305 or
 subdivision (a) of rule 316 of this chapter,  and  proof  of  the  facts
 constituting  the  claim,  the default and the amount due, including, if
 applicable, a statement that the interest rate for consumer debt  pursu-
 ant  to section five thousand four of this chapter applies, by affidavit
 made by the party, or where the state of New York is the  plaintiff,  by
 affidavit  made  by  an attorney from the office of the attorney general
 who has or obtains knowledge of  such  facts  through  review  of  state
 records or otherwise. Where a verified complaint has been served, it may
 be  used  as  the  affidavit of the facts constituting the claim and the
 amount due; in such case, an affidavit as to the default shall  be  made
 by  the  party  or  the  party's attorney. In an action arising out of a
 consumer credit transaction, if the plaintiff is not the original credi-
 tor, the applicant shall include: (1) an affidavit by the original cred-
 itor of the facts constituting the debt, the  default  in  payment,  the
 sale  or  assignment of the debt, and the amount due at the time of sale
 or assignment; (2) for each subsequent assignment or sale of the debt to
 another entity, an affidavit of sale of the debt  by  the  debt  seller,
 completed  by  the seller or assignor; and (3) an affidavit of a witness
 of the plaintiff, which includes a chain of title of the debt, completed
 by the plaintiff or plaintiff's  witness.  IN  AN  ACTION  ARISING  FROM
 MEDICAL  DEBT, IF THE PLAINTIFF IS NOT A HOSPITAL LICENSED UNDER ARTICLE
 TWENTY-EIGHT OF THE PUBLIC HEALTH LAW  OR  A  HEALTH  CARE  PROFESSIONAL
 A. 3007--B                         120

 AUTHORIZED  UNDER  TITLE EIGHT OF THE EDUCATION LAW, THE APPLICANT SHALL
 INCLUDE: (1) AN AFFIDAVIT BY THE HOSPITAL OR HEALTH CARE PROFESSIONAL OF
 THE FACTS CONSTITUTING THE MEDICAL DEBT, THE  DEFAULT  IN  PAYMENT,  THE
 SALE  OR  ASSIGNMENT OF THE MEDICAL DEBT, AND THE AMOUNT DUE AT THE TIME
 OF SALE OR ASSIGNMENT; (2) FOR EACH SUBSEQUENT ASSIGNMENT OR SALE OF THE
 MEDICAL DEBT TO ANOTHER ENTITY, AN AFFIDAVIT OF SALE OF THE MEDICAL DEBT
 BY THE DEBT SELLER, COMPLETED BY THE SELLER  OR  ASSIGNOR;  AND  (3)  AN
 AFFIDAVIT OF A WITNESS OF THE PLAINTIFF, WHICH INCLUDES A CHAIN OF TITLE
 OF  THE MEDICAL DEBT, COMPLETED BY THE PLAINTIFF OR PLAINTIFF'S WITNESS.
 The chief administrative judge shall issue form  affidavits  to  satisfy
 the  requirements  of  this subdivision for consumer credit transactions
 AND ACTIONS ARISING FROM MEDICAL DEBT. When jurisdiction is based on  an
 attachment  of  property,  the  affidavit  must  state  that an order of
 attachment granted in the action has been levied on the property of  the
 defendant,  describe  the property and state its value. Proof of mailing
 the notice required by subdivision (g) of this section,  where  applica-
 ble, shall also be filed.
   (j)  Affidavit. A request for a default judgment entered by the clerk,
 must be accompanied by an affidavit  by  the  plaintiff  or  plaintiff's
 attorney  stating that after reasonable inquiry, he or she has reason to
 believe that the statute of  limitations  has  not  expired.  The  chief
 administrative judge shall issue form affidavits to satisfy the require-
 ments  of  this subdivision for consumer credit transactions AND ACTIONS
 ARISING FROM MEDICAL DEBT.
   § 2. Subdivision 2 of section 212 of the judiciary law is  amended  by
 adding a new paragraph (cc) to read as follows:
   (CC)  MAKE AVAILABLE FORM AFFIDAVITS REQUIRED FOR A MOTION FOR DEFAULT
 JUDGMENT IN AN ACTION ARISING FROM MEDICAL DEBT AS REQUIRED BY  SUBDIVI-
 SION (F) OF SECTION THIRTY-TWO HUNDRED FIFTEEN OF THE CIVIL PRACTICE LAW
 AND RULES.
   § 3. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.
 
                                 SUBPART B
 
                           Intentionally Omitted
 
                                 SUBPART C
 
   Section  1.  Subdivision 9 of section 2807-k of the public health law,
 as amended by section 17 of part B of chapter 60 of the laws of 2014, is
 amended to read as follows:
   9. In order for a general hospital to participate in the  distribution
 of  funds  from  the  pool,  the general hospital must implement minimum
 collection policies and procedures approved by the commissioner, UTILIZ-
 ING ONLY A UNIFORM FINANCIAL ASSISTANCE FORM DEVELOPED AND  PROVIDED  BY
 THE DEPARTMENT.
   § 2. This act shall take effect April 1, 2024.
 
                                 SUBPART D
 
   Section 1.  Legislative findings.  The legislature finds that it is in
 the  best  interest  of the people of this state to expand article 77 of
 the insurance law to protect insureds and health care providers  against
 the  failure or inability of a health or property/casualty insurer writ-
 ing health insurance to  perform  its  contractual  obligations  due  to
 A. 3007--B                         121
 
 financial  impairment  or  insolvency.   The superintendent of financial
 services has the right and responsibility to enforce the  insurance  law
 and the authority to seek redress against any person responsible for the
 impairment  or  insolvency  of  the  insurer, and nothing in this act is
 intended to restrict or limit such right, responsibility, or authority.
   § 2.  The article heading of article 77 of the insurance law, as added
 by chapter 802 of the laws of 1985, is amended to read as follows:
                    THE LIFE AND HEALTH INSURANCE COMPANY
                           GUARANTY CORPORATION
                              OF NEW YORK ACT
   § 3. Section 7701 of the insurance law, as added by chapter 802 of the
 laws of 1985, is amended to read as follows:
   § 7701. Short title. This article shall be known and may be  cited  as
 "The  Life AND HEALTH Insurance Company Guaranty Corporation of New York
 Act".
   § 4.  Section 7702 of the insurance law, as amended by chapter 454  of
 the laws of 2014, is amended to read as follows:
   §  7702.  Purpose.  The purpose of this article is to provide funds to
 protect policy owners, insureds, HEALTH CARE  PROVIDERS,  beneficiaries,
 annuitants,  payees  and  assignees  of  life insurance policies, health
 insurance policies, annuity contracts, funding  agreements  and  supple-
 mental  contracts  issued  by life insurance companies, HEALTH INSURANCE
 COMPANIES, AND PROPERTY/CASUALTY INSURANCE COMPANIES, subject to certain
 limitations, against failure in the  performance  of  contractual  obli-
 gations  due to the impairment or insolvency of the insurer issuing such
 policies, contracts, or funding  agreements.  In  the  judgment  of  the
 legislature,  the  foregoing  objects  and purposes not being capable of
 accomplishment by a corporation created under general laws, the creation
 of a not-for-profit corporation of insurers  is  provided  for  by  this
 article  to enable the guarantee of payment of benefits and of continua-
 tion of coverages, and members of the corporation are subject to assess-
 ment to carry out the purposes of this article.
   § 5. Paragraphs 1 and 2 of subsection  (a)  of  section  7703  of  the
 insurance  law, as added by chapter 454 of the laws of 2014, are amended
 to read as follows:
   (1) This article shall apply to direct life insurance policies, health
 insurance policies, annuity contracts, funding agreements,  and  supple-
 mental  contracts  issued  by a life insurance company, HEALTH INSURANCE
 COMPANY, OR PROPERTY/CASUALTY INSURANCE  COMPANY  licensed  to  transact
 life  or  health  insurance  or  annuities in this state at the time the
 policy, contract, or funding agreement was issued  or  on  the  date  of
 entry  of a court order of liquidation or rehabilitation with respect to
 such a company that is an impaired or insolvent insurer, as the case may
 be.
   (2) Except as otherwise provided in this section, this  article  shall
 apply  to  the  policies, contracts, and funding agreements specified in
 paragraph one of this subsection with regard to a person who is:
   (A) an owner or certificate holder under a policy, contract, or  fund-
 ing agreement and in each case who:
   (i) is a resident OF THIS STATE; or
   (ii)  is  not  a  resident  OF  THIS  STATE, but only under all of the
 following conditions:
   (I) the insurer that issued the  policy,  contract,  or  agreement  is
 domiciled in this state;
   (II)  the  state  or  states in which the person resides has or have a
 guaranty entity similar to the corporation created by this article; and
 A. 3007--B                         122
 
   (III) the person is not eligible for coverage by a guaranty entity  in
 any  other  state  because the insurer was not licensed or authorized in
 that state at the time specified in that state's  guaranty  entity  law;
 [or]
   (B)  the  beneficiary,  assignee,  or payee of the person specified in
 subparagraph (A) of this  paragraph,  regardless  of  where  the  person
 resides; OR
   (C)  A  HEALTH  CARE  PROVIDER  THAT HAS RENDERED SERVICES TO A PERSON
 SPECIFIED IN SUBPARAGRAPH (A) OF THIS PARAGRAPH.
   § 6. Subsections (c), (d), (e), (h) and (i) of  section  7705  of  the
 insurance  law,  subsections (c), (e) and (i) as added by chapter 802 of
 the laws of 1985 and subsections (d) and (h) as amended by  chapter  454
 of  the  laws  of 2014, are amended and a new subsection (m) is added to
 read as follows:
   (c) "Corporation" means The Life AND HEALTH Insurance Company Guaranty
 Corporation of New York  created  under  section  seven  thousand  seven
 hundred six of this article unless the context otherwise requires.
   (d) "Covered  policy" means any of the kinds of insurance specified in
 paragraph one, two or three of subsection (a) of  section  one  thousand
 one  hundred thirteen of this chapter, any supplemental contract, or any
 funding agreement referred to in  section  three  thousand  two  hundred
 twenty-two  of  this chapter, or any portion or part thereof, within the
 scope of this article under section seven thousand seven  hundred  three
 of  this  article,  except  that any certificate issued to an individual
 under any group OR BLANKET policy or contract shall be considered to  be
 a  separate  covered policy for purposes of section seven thousand seven
 hundred eight of this article.
   (e) "Health insurance" means the kinds of  insurance  specified  under
 items  (i)  and  (ii)  of  paragraph  three  AND PARAGRAPH THIRTY-ONE of
 subsection (a) of section one thousand  one  hundred  thirteen  of  this
 chapter, AND SECTION ONE THOUSAND ONE HUNDRED SEVENTEEN OF THIS CHAPTER;
 MEDICAL  EXPENSE  INDEMNITY, DENTAL EXPENSE INDEMNITY, HOSPITAL SERVICE,
 OR HEALTH SERVICE UNDER ARTICLE FORTY-THREE OF THIS CHAPTER; AND COMPRE-
 HENSIVE HEALTH SERVICES UNDER ARTICLE FORTY-FOUR OF  THE  PUBLIC  HEALTH
 LAW.   "HEALTH INSURANCE" SHALL NOT INCLUDE HOSPITAL, MEDICAL, SURGICAL,
 PRESCRIPTION DRUG, OR OTHER HEALTH CARE BENEFITS PURSUANT TO:  (1)  PART
 C  OF  TITLE  XVIII  OF THE SOCIAL SECURITY ACT (42 U.S.C. § 1395W-21 ET
 SEQ.) OR PART D OF TITLE XVIII OF THE SOCIAL SECURITY ACT (42  U.S.C.  §
 1395W-101  ET  SEQ.),  COMMONLY  KNOWN AS MEDICARE PARTS C AND D, OR ANY
 REGULATIONS PROMULGATED THEREUNDER; (2) TITLES XIX AND XXI OF THE SOCIAL
 SECURITY ACT (42 U.S.C.  § 1396 ET SEQ.), COMMONLY KNOWN AS THE MEDICAID
 AND CHILD HEALTH INSURANCE  PROGRAMS,  OR  ANY  REGULATIONS  PROMULGATED
 THEREUNDER;  OR (3) THE BASIC HEALTH PROGRAM UNDER SECTION THREE HUNDRED
 SIXTY-NINE-GG OF THE SOCIAL SERVICES LAW.
   (h)  (1) "Member insurer" means:
   (A) any life insurance company licensed to transact in this state  any
 kind  of  insurance  to  which  this article applies under section seven
 thousand seven hundred three of this article;  provided,  however,  that
 the term "member insurer" also means any life insurance company formerly
 licensed  to  transact in this state any kind of insurance to which this
 article applies under section seven thousand seven hundred three of this
 article; AND
   (B) AN INSURER LICENSED OR FORMERLY LICENSED  TO  WRITE  ACCIDENT  AND
 HEALTH  INSURANCE  OR  SALARY PROTECTION INSURANCE IN THIS STATE, CORPO-
 RATION ORGANIZED PURSUANT TO ARTICLE FORTY-THREE OF THIS CHAPTER, RECIP-
 ROCAL INSURER ORGANIZED PURSUANT TO ARTICLE SIXTY-ONE OF  THIS  CHAPTER,
 A. 3007--B                         123
 
 COOPERATIVE  PROPERTY/CASUALTY  INSURANCE  COMPANY  OPERATING  UNDER  OR
 SUBJECT   TO   ARTICLE   SIXTY-SIX   OF    THIS    CHAPTER,    NONPROFIT
 PROPERTY/CASUALTY   INSURANCE  COMPANY  ORGANIZED  PURSUANT  TO  ARTICLE
 SIXTY-SEVEN  OF THIS CHAPTER, AND HEALTH MAINTENANCE ORGANIZATION CERTI-
 FIED PURSUANT TO ARTICLE FORTY-FOUR OF THE PUBLIC HEALTH LAW.
   (2) "MEMBER INSURER" SHALL NOT INCLUDE A MUNICIPAL COOPERATIVE  HEALTH
 BENEFIT  PLAN  ESTABLISHED PURSUANT TO ARTICLE FORTY-SEVEN OF THIS CHAP-
 TER, AN EMPLOYEE WELFARE FUND REGISTERED  UNDER  ARTICLE  FORTY-FOUR  OF
 THIS  CHAPTER,  A  FRATERNAL  BENEFIT  SOCIETY  ORGANIZED  UNDER ARTICLE
 FORTY-FIVE OF THIS CHAPTER, AN INSTITUTION OF HIGHER  EDUCATION  WITH  A
 CERTIFICATE  OF AUTHORITY UNDER SECTION ONE THOUSAND ONE HUNDRED TWENTY-
 FOUR OF THIS CHAPTER, OR A CONTINUING CARE RETIREMENT COMMUNITY  WITH  A
 CERTIFICATE  OF  AUTHORITY UNDER ARTICLE FORTY-SIX OR FORTY-SIX-A OF THE
 PUBLIC HEALTH LAW.
   (i) "Premiums" means direct gross insurance premiums and  annuity  and
 funding  agreement  considerations  received  on  covered policies, less
 return premiums and considerations thereon and dividends paid or credit-
 ed to policyholders OR CONTRACT HOLDERS on such direct business, subject
 to such modifications as the superintendent may establish by  regulation
 or order as necessary to facilitate the equitable administration of this
 article.    Premiums  do  not  include  premiums  and  considerations on
 contracts between insurers and reinsurers. For the purposes of determin-
 ing the assessment for an insurer under this article, the  term  "premi-
 ums",  with  respect to a group annuity contract (or portion of any such
 contract) that does not guarantee annuity benefits to any specific indi-
 vidual identified in the contract and with respect to any funding agree-
 ment issued to fund benefits under any employee benefit plan, means  the
 lesser  of  one  million  dollars  or  the  premium attributable to that
 portion of such group contract that does not guarantee benefits  to  any
 specific  individuals  or  such  agreements that fund benefits under any
 employee benefit plan.
   (M) "LONG-TERM CARE INSURANCE" MEANS AN INSURANCE  POLICY,  RIDER,  OR
 CERTIFICATE ADVERTISED, MARKETED, OFFERED, OR DESIGNED TO PROVIDE COVER-
 AGE,  SUBJECT TO ELIGIBILITY REQUIREMENTS, FOR NOT LESS THAN TWENTY-FOUR
 CONSECUTIVE MONTHS FOR EACH  COVERED  PERSON  ON  AN  EXPENSE  INCURRED,
 INDEMNITY, PREPAID OR OTHER BASIS AND PROVIDES AT LEAST THE BENEFITS SET
 FORTH  IN  PART FIFTY-TWO OF TITLE ELEVEN OF THE OFFICIAL COMPILATION OF
 CODES, RULES AND REGULATIONS OF THIS STATE.
   § 7.  Subsection (a) of section 7706 of the insurance law, as added by
 chapter 802 of the laws of 1985, is amended to read as follows:
   (a) There is created a not-for-profit corporation to be known as  "The
 Life  AND HEALTH Insurance Company Guaranty Corporation of New York". To
 the extent that the provisions of the not-for-profit corporation law  do
 not  conflict  with the provisions of this article or the plan of opera-
 tion of the corporation hereunder  the  not-for-profit  corporation  law
 shall  apply  to  the  corporation and the corporation shall be a type C
 corporation pursuant to the not-for-profit corporation law. If an appli-
 cable provision of this article or the plan of operation of  the  corpo-
 ration  hereunder  relates  to  a  matter embraced in a provision of the
 not-for-profit corporation law but is not in  conflict  therewith,  both
 provisions  shall apply. All member insurers shall be and remain members
 of the corporation as a condition of their authority to transact  insur-
 ance  in  this  state. The corporation shall perform its functions under
 the plan of operation established and approved under section seven thou-
 sand seven hundred ten of this article and  shall  exercise  its  powers
 through  a  board  of directors established under section seven thousand
 A. 3007--B                         124
 
 seven hundred seven of this article. For purposes of administration  and
 assessment the corporation shall maintain two accounts:
   (1) the health insurance account; and
   (2) the life insurance, annuity and funding agreement account.
   §  8. Subsection (d) of section 7707 of the insurance law, as added by
 chapter 802 of the laws of 1985, is amended to read as follows:
   (d) The superintendent shall be ex-officio  [chairman]  CHAIR  of  the
 board of directors but shall not be entitled to vote.
   §  9.  Paragraph  7 of subsection (h) of section 7708 of the insurance
 law, as amended by chapter 454 of the laws of 2014, is amended  to  read
 as follows:
   (7)  exercise,  for  the  purposes  of  this article and to the extent
 approved by the superintendent, the powers of a domestic  life,  HEALTH,
 OR  PROPERTY/CASUALTY  insurance  company, but in no case may the corpo-
 ration issue insurance policies OR CONTRACTS or annuity contracts  other
 than those issued to perform the contractual obligations of the impaired
 or insolvent insurer;
   § 10. Paragraph 2 of subsection (c) and subsection (g) of section 7709
 of  the  insurance law, as added by chapter 802 of the laws of 1985, are
 amended to read as follows:
   (2) The amount of any class  B  or  class  C  assessment,  EXCEPT  FOR
 ASSESSMENTS  RELATED TO LONG-TERM CARE INSURANCE, shall be allocated for
 assessment purposes among the accounts in the proportion that the premi-
 ums received by the impaired or insolvent insurer  on  the  policies  or
 contracts  covered  by each account for the last calendar year preceding
 the assessment in which  the  impaired  or  insolvent  insurer  received
 premiums  bears to the premiums received by such insurer for such calen-
 dar year on all covered policies. THE AMOUNT OF ANY CLASS B OR  CLASS  C
 ASSESSMENT  FOR  LONG-TERM  CARE  INSURANCE  WRITTEN  BY THE IMPAIRED OR
 INSOLVENT INSURER SHALL BE ALLOCATED ACCORDING TO A METHODOLOGY INCLUDED
 IN THE PLAN OF OPERATION AND APPROVED BY THE SUPERINTENDENT. THE METHOD-
 OLOGY SHALL PROVIDE FOR FIFTY PERCENT OF THE ASSESSMENT TO BE  ALLOCATED
 TO    HEALTH  INSURANCE  COMPANY MEMBER INSURERS AND FIFTY PERCENT TO BE
 ALLOCATED TO LIFE INSURANCE COMPANY MEMBER INSURERS; PROVIDED,  HOWEVER,
 THAT  A  PROPERTY/CASUALTY INSURER THAT WRITES HEALTH INSURANCE SHALL BE
 CONSIDERED A HEALTH INSURANCE COMPANY MEMBER FOR THIS PURPOSE.  Class  B
 and  class  C assessments against member insurers for each account shall
 be in the proportion that the premiums  received  on  business  in  this
 state  by  each  assessed  member  insurer  on  policies covered by each
 account for the three calendar years preceding the assessment  bears  to
 such premiums received on business in this state for such calendar years
 by all assessed member insurers.
   (g)  [It shall be proper for any member insurer, in determining its] A
 MEMBER INSURER SHALL NOT RECOUP ASSESSMENTS   PAID  TO  THE  CORPORATION
 UNDER  THIS ARTICLE BY PASSING ON COSTS TO ITS POLICYHOLDERS. THIS SHALL
 INCLUDE, BUT IS NOT LIMITED TO, INCREASING premium rates [and], INCREAS-
 ING COST-SHARING REQUIREMENTS OF POLICYHOLDERS, IMPOSING  SURCHARGES  ON
 PREMIUMS,  REDUCING  COVERAGE,  OR DECREASING THE policy owner dividends
 [as to any kind of insurance  within  the  scope  of  this  article,  to
 consider  the  amount  reasonably necessary to meet its assessment obli-
 gations under this article with respect to insurers  which  have  become
 impaired or insolvent] OF ANY COVERED POLICY. A MEMBER INSURER MAY ALTER
 THE  PREMIUM  RATES, COST-SHARING REQUIREMENTS, OR POLICY OWNER DIVIDEND
 OR CHANGE THE TERMS OR BENEFITS OF  ANY  COVERED  POLICY  DUE  TO  OTHER
 FACTORS THAT ARE NOT PROHIBITED BY THIS SUBSECTION.
 A. 3007--B                         125
 
   §  11.   Subsection (a) of section 7712 of the insurance law, as added
 by chapter 802 of the laws of 1985, is amended to read as follows:
   (a) The superintendent shall annually, within six months following the
 close of each calendar year, furnish to the commissioner of taxation and
 finance  and  the  director of the division of the budget a statement of
 operations for the life insurance guaranty corporation and the life  AND
 HEALTH  insurance  company guaranty corporation of New York. Such state-
 ment shall show the assessments,  less  any  refunds  or  reimbursements
 thereof,  paid  by  each insurance company pursuant to the provisions of
 article seventy-five or section seven thousand  seven  hundred  nine  of
 this article, for the purposes of meeting the requirements of this chap-
 ter.  Each  statement, starting with the statement furnished in the year
 nineteen hundred eighty-six and ending with the statement  furnished  in
 the  year  two  thousand,  shall show the annual activity for every year
 commencing from nineteen hundred eighty-five through the  most  recently
 completed year. Each statement furnished in each year after the year two
 thousand  shall  reflect  such  assessments  paid  during  the preceding
 fifteen calendar years. The superintendent shall also furnish a copy  of
 such statement to each such insurance company.
   §  12.   Subsections (a), (d) and (g) of section 7719 of the insurance
 law, as added by chapter 454 of the laws of 2014, are amended to read as
 follows:
   (a) The corporation may incorporate one or more not-for-profit  corpo-
 rations,  known  as a resolution facility, in connection with the liqui-
 dation of an insolvent domestic life insurance company, HEALTH INSURANCE
 COMPANY, OR PROPERTY/CASUALTY INSURANCE COMPANY under  article  seventy-
 four  of  this chapter for the purpose of administering and disposing of
 the business of the insolvent [domestic life] insurance company.
   (d) A resolution facility may:
   (1) guarantee,  assume,  or  reinsure,  or  cause  to  be  guaranteed,
 assumed,  or reinsured, the covered policies, or arrange for replacement
 by policies found by the superintendent to be substantially  similar  to
 the covered policies;
   (2)  exercise,  for  the  purposes  of  this article and to the extent
 approved by the superintendent, the powers of a domestic life  insurance
 company, HEALTH INSURANCE COMPANY, OR PROPERTY/CASUALTY INSURANCE COMPA-
 NY  but in no case may the resolution facility issue insurance policies,
 annuity contracts, funding agreements, or supplemental  contracts  other
 than those issued to perform the contractual obligations of the impaired
 or insolvent insurer;
   (3)  assure  payment  of  the contractual obligations of the insolvent
 insurer; and
   (4) provide such moneys, pledges, notes, guarantees, or other means as
 are reasonably necessary to discharge its duties.
   (g) (1) If the superintendent determines that the resolution  facility
 is  not  administering  and  disposing  of  the business of an insolvent
 domestic  life  insurance  company,   HEALTH   INSURANCE   COMPANY,   OR
 PROPERTY/CASUALTY  INSURANCE  COMPANY  consistent  with  the  resolution
 facility's certificate of incorporation,  plan  of  operation,  or  this
 section,  then the superintendent shall provide notice to the resolution
 facility and the resolution facility shall have thirty days  to  respond
 to the superintendent and cure the defect.
   (2)  If,  after  thirty  days, the superintendent continues to believe
 that the resolution facility is not administering and disposing  of  the
 business  of an insolvent domestic life insurance company, HEALTH INSUR-
 ANCE COMPANY, OR PROPERTY/CASUALTY INSURANCE COMPANY consistent with the
 A. 3007--B                         126
 
 resolution facility's certificate of incorporation, plan  of  operation,
 or  this  section, then the superintendent may apply to the court for an
 order directing the resolution facility to correct the  defect  or  take
 other appropriate actions.
   §  13.  The  insurance  law is amended by adding a new section 7720 to
 read as follows:
   § 7720. PENALTIES. (A) IF ANY MEMBER INSURER FAILS TO MAKE ANY PAYMENT
 REQUIRED BY THIS ARTICLE, OR IF THE SUPERINTENDENT HAS CAUSE TO  BELIEVE
 THAT ANY OTHER STATEMENT FILED IS FALSE OR INACCURATE IN ANY PARTICULAR,
 OR  THAT  ANY  PAYMENT MADE IS INCORRECT, THE SUPERINTENDENT MAY EXAMINE
 ALL THE BOOKS AND RECORDS OF THE MEMBER INSURER TO ASCERTAIN  THE  FACTS
 AND  DETERMINE THE CORRECT AMOUNT TO BE PAID. BASED ON SUCH FINDING, THE
 CORPORATION MAY PROCEED  IN  ANY  COURT  OF  COMPETENT  JURISDICTION  TO
 RECOVER  FOR  THE BENEFIT OF THE FUND ANY SUMS SHOWN TO BE DUE UPON SUCH
 EXAMINATION AND DETERMINATION.
   (B) ANY MEMBER INSURER THAT FAILS TO MAKE ANY SUCH REQUIRED STATEMENT,
 OR TO MAKE ANY PAYMENT TO THE FUND WHEN DUE, SHALL FORFEIT TO THE CORPO-
 RATION FOR DEPOSIT IN THE FUND A PENALTY OF FIVE PERCENT OF  THE  AMOUNT
 DETERMINED  TO  BE DUE PLUS ONE PERCENT OF SUCH AMOUNT FOR EACH MONTH OF
 DELAY, OR FRACTION THEREOF, AFTER THE EXPIRATION OF THE FIRST  MONTH  OF
 SUCH  DELAY.  IF SATISFIED THAT THE DELAY WAS EXCUSABLE, THE CORPORATION
 MAY REMIT ALL OR ANY PART OF THE PENALTY.
   (C) THE SUPERINTENDENT, IN THE SUPERINTENDENT'S DISCRETION, MAY REVOKE
 THE CERTIFICATE OF AUTHORITY TO DO BUSINESS IN THIS STATE OF ANY FOREIGN
 MEMBER INSURER THAT FAILS TO COMPLY WITH THIS  ARTICLE  OR  TO  PAY  ANY
 PENALTY IMPOSED HEREUNDER.
   §  14.  The  insurance  law is amended by adding a new section 3245 to
 read as follows:
   § 3245. LIABILITY TO PROVIDERS IN THE EVENT OF AN INSOLVENCY.  IN  THE
 EVENT  AN  INSURANCE  COMPANY  AUTHORIZED  TO  DO AN ACCIDENT AND HEALTH
 INSURANCE BUSINESS IN THIS STATE IS DEEMED  INSOLVENT,  AS  PROVIDED  IN
 SECTION  ONE  THOUSAND  THREE  HUNDRED  NINE OF THIS CHAPTER, NO INSURED
 COVERED UNDER A POLICY DELIVERED OR ISSUED FOR DELIVERY IN THIS STATE BY
 THE INSURANCE COMPANY SHALL BE LIABLE TO ANY  PROVIDER  OF  HEALTH  CARE
 SERVICES FOR ANY COVERED SERVICES OF THE INSOLVENT INSURANCE COMPANY. NO
 PROVIDER  OF HEALTH CARE SERVICES OR ANY REPRESENTATIVE OF SUCH PROVIDER
 SHALL COLLECT OR ATTEMPT TO COLLECT FROM THE INSURED SUMS OWED  BY  SUCH
 INSURANCE  COMPANY,  AND  NO PROVIDER OR REPRESENTATIVE OF SUCH PROVIDER
 MAY MAINTAIN ANY ACTION AT LAW AGAINST AN INSURED TO COLLECT  SUMS  OWED
 TO SUCH PROVIDER BY SUCH INSURANCE COMPANY.
   §  14-a.  Subparagraph (A) of paragraph 1 of subsection (e) of section
 3231 of the insurance law, as amended by chapter 107 of the laws of 2010
 and as further amended by section 104 of part A of  chapter  62  of  the
 laws of 2011, is amended to read as follows:
   (A) An insurer desiring to increase or decrease premiums for any poli-
 cy  form  subject to this section shall submit a rate filing or applica-
 tion to the superintendent.
   An insurer shall send written notice of the proposed rate  adjustment,
 including  the  specific  change  requested,  to  each policy holder and
 certificate holder affected by the adjustment on or before the date  the
 rate  filing  or  application  is  submitted  to the superintendent. The
 notice shall prominently include mailing and website addresses for  both
 the  department  of  financial  services and the insurer through which a
 person may, within thirty days from the date the rate filing or applica-
 tion is submitted to  the  superintendent,  contact  the  department  of
 financial  services  or  insurer to receive additional information or to
 A. 3007--B                         127
 
 submit written comments to the department of financial services  on  the
 rate filing or application. The superintendent shall establish a process
 to  post  on  the department's website, in a timely manner, all relevant
 written  comments  received  pertaining to rate filings or applications.
 The insurer shall provide a copy of the  notice  to  the  superintendent
 with the rate filing or application. The superintendent shall immediate-
 ly  cause  the  notice  to  be  posted  on  the  department of financial
 services' website. The superintendent shall determine whether the filing
 or application shall become effective as filed, shall  become  effective
 as  modified,  or shall be disapproved. The superintendent may modify or
 disapprove the rate filing or application if  the  superintendent  finds
 that the premiums are unreasonable, excessive, inadequate, [or] unfairly
 discriminatory,  [and]  OR  VIOLATES THE PROVISIONS OF SUBSECTION (G) OF
 SECTION SEVEN THOUSAND SEVEN HUNDRED NINE OF THIS  CHAPTER.  THE  SUPER-
 INTENDENT  may  consider  the  financial  condition  of the insurer when
 approving, modifying or disapproving any premium adjustment. The  deter-
 mination  of  the  superintendent  shall be supported by sound actuarial
 assumptions and methods, and shall be rendered in writing between thirty
 and sixty days from the date the rate filing or application is submitted
 to the superintendent.  Should  the  superintendent  require  additional
 information  from  the  insurer  in  order  to make a determination, the
 superintendent shall require the insurer to  furnish  such  information,
 and in such event, the sixty days shall be tolled and shall resume as of
 the date the insurer furnishes the information to the superintendent. If
 the  superintendent  requests  additional information less than ten days
 from the expiration of the sixty days (exclusive of tolling), the super-
 intendent may extend the sixty day period an additional twenty  days  to
 make  a  determination.  The  application  or rate filing will be deemed
 approved if a determination is not rendered  within  the  time  allotted
 under  this  section.  An  insurer shall not implement a rate adjustment
 unless the insurer provides at least sixty days advance  written  notice
 of  the  premium  rate adjustment approved by the superintendent to each
 policy holder and certificate holder affected by the rate adjustment.
   § 14-b. Paragraph 2 of subsection (c) of section 4308 of the insurance
 law, as amended by chapter 107 of  the  laws  of  2010  and  as  further
 amended  by  section 104 of part A of chapter 62 of the laws of 2011, is
 amended to read as follows:
   (2) A corporation desiring to increase or decrease  premiums  for  any
 contract subject to this subsection shall submit a rate filing or appli-
 cation to the superintendent. A corporation shall send written notice of
 the  proposed  rate adjustment, including the specific change requested,
 to each contract holder and subscriber affected by the adjustment on  or
 before  the  date  the  rate  filing  or application is submitted to the
 superintendent. The notice shall prominently include mailing and website
 addresses for both the department of financial services and  the  corpo-
 ration  through which a person may, within thirty days from the date the
 rate filing or application is submitted to the  superintendent,  contact
 the  department  of  financial  services or corporation to receive addi-
 tional information or to submit written comments to  the  department  of
 financial services on the rate filing or application. The superintendent
 shall  establish  a  process  to  post on the department's website, in a
 timely manner, all relevant written comments received pertaining to rate
 filings or applications. The corporation shall provide  a  copy  of  the
 notice  to  the  superintendent with the rate filing or application. The
 superintendent shall immediately cause the notice to be  posted  on  the
 department  of  financial  services'  website.  The superintendent shall
 A. 3007--B                         128
 
 determine whether the filing or application shall  become  effective  as
 filed,  shall become effective as modified, or shall be disapproved. The
 superintendent may modify or disapprove the rate filing  or  application
 if  the  superintendent finds that the premiums are unreasonable, exces-
 sive, inadequate, [or] unfairly discriminatory, [and]  OR  VIOLATES  THE
 PROVISIONS  OF  SUBSECTION  (G)  OF SECTION SEVEN THOUSAND SEVEN HUNDRED
 NINE OF THIS CHAPTER. THE  SUPERINTENDENT  may  consider  the  financial
 condition of the corporation in approving, modifying or disapproving any
 premium  adjustment.  The  determination  of the superintendent shall be
 supported by sound actuarial  assumptions  and  methods,  and  shall  be
 rendered in writing between thirty and sixty days from the date the rate
 filing  or  application  is  submitted to the superintendent. Should the
 superintendent require additional information from  the  corporation  in
 order  to  make  a  determination,  the superintendent shall require the
 corporation to furnish such information, and in such  event,  the  sixty
 days  shall  be  tolled  and shall resume as of the date the corporation
 furnishes the information to the superintendent. If  the  superintendent
 requests  additional  information less than ten days from the expiration
 of the sixty days (exclusive of tolling), the superintendent may  extend
 the sixty day period an additional twenty days, to make a determination.
 The  application  or  rate  filing will be deemed approved if a determi-
 nation is not rendered within the time allotted under  this  section.  A
 corporation shall not implement a rate adjustment unless the corporation
 provides  at least sixty days advance written notice of the premium rate
 adjustment approved by the superintendent to each  contract  holder  and
 subscriber affected by the rate adjustment.
   §  15. This act shall take effect immediately, provided, however, that
 the amendments made by this act shall not apply  to  the  estate  of  an
 insurer  for which a court entered a final order of liquidation prior to
 the effective date of this act.
   § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
 sion, section or part of this act shall be  adjudged  by  any  court  of
 competent  jurisdiction  to  be invalid, such judgment shall not affect,
 impair, or invalidate the remainder thereof, but shall  be  confined  in
 its  operation  to the clause, sentence, paragraph, subdivision, section
 or part thereof directly involved in the controversy in which such judg-
 ment shall have been rendered. It is hereby declared to be the intent of
 the legislature that this act would  have  been  enacted  even  if  such
 invalid provisions had not been included herein.
   §  3.  This act shall take effect immediately; provided, however, that
 the applicable effective date of Subparts A through D of this act  shall
 be as specifically set forth in the last section of such Subparts.
 
                                  PART Z
 
                           Intentionally Omitted
 
                                  PART AA
 
   Section 1. Intentionally omitted.
   § 2. Subdivisions 1 and 2 of section 2171 of the public health law, as
 added  by  chapter  425  of  the  laws  of  2013, are amended to read as
 follows:
   1. Every individual  [born  between  the  years  of  nineteen  hundred
 forty-five  and  nineteen hundred sixty-five] AGE EIGHTEEN AND OLDER (OR
 A. 3007--B                         129
 
 YOUNGER THAN EIGHTEEN IF THERE IS EVIDENCE OR INDICATION OF RISK  ACTIV-
 ITY)  who  receives  health services as an inpatient OR in THE EMERGENCY
 DEPARTMENT OF a general hospital defined in subdivision ten  of  section
 twenty-eight  hundred  one  of this chapter or who receives primary care
 services in an outpatient department of such hospital or in a diagnostic
 and treatment center licensed under article twenty-eight of this chapter
 or from a physician, physician assistant  [or],  nurse  practitioner  OR
 MIDWIFE  providing primary care shall be offered a hepatitis C screening
 test [or hepatitis C diagnostic test] unless the health care practition-
 er providing such services reasonably believes that:
   (a) the individual is being treated for a life threatening  emergency;
 or
   (b) the individual has previously been offered or has been the subject
 of  a hepatitis C screening test (except that a test shall be offered if
 otherwise indicated); or
   (c) the individual lacks capacity to consent to a hepatitis C  screen-
 ing test.
   2.  If an individual accepts the offer of a hepatitis C screening test
 and the screening test is reactive,  [the]  AN  HCV  RNA  TEST  MUST  BE
 PERFORMED,  ON  THE  SAME SPECIMEN OR A SECOND SPECIMEN COLLECTED AT THE
 SAME TIME AS THE INITIAL HCV SCREENING TEST SPECIMEN, TO CONFIRM DIAGNO-
 SIS OF CURRENT INFECTION. THE health care provider  shall  either  offer
 [the  individual]  ALL  PERSONS WITH A DETECTABLE HCV RNA TEST follow-up
 HCV health care AND TREATMENT or refer the individual to a  health  care
 provider  who can provide follow-up HCV health care AND TREATMENT.  [The
 follow-up health care shall include a hepatitis C diagnostic test.]
   § 3. The public health law is amended by adding a new  section  2500-l
 to read as follows:
   §  2500-L.  PREGNANT  PEOPLE,  BLOOD TEST FOR HEPATITIS C VIRUS (HCV);
 FOLLOW-UP CARE.   1. EVERY PHYSICIAN OR  OTHER  AUTHORIZED  PRACTITIONER
 ATTENDING A PREGNANT PERSON IN THE STATE SHALL ORDER A HEPATITIS C VIRUS
 (HCV)  SCREENING  TEST AND IF THE TEST IS REACTIVE, AN HCV RNA TEST MUST
 BE PERFORMED ON THE SAME SPECIMEN, OR A SECOND SPECIMEN COLLECTED AT THE
 SAME TIME AS THE INITIAL HCV SCREENING TEST SPECIMEN, TO CONFIRM DIAGNO-
 SIS OF CURRENT INFECTION. THE HEALTH CARE PROVIDER  SHALL  EITHER  OFFER
 ALL PERSONS WITH A DETECTABLE HCV RNA TEST FOLLOW-UP HCV HEALTH CARE AND
 TREATMENT  OR  REFER  THE  INDIVIDUAL  TO A HEALTH CARE PROVIDER WHO CAN
 PROVIDE FOLLOW-UP HCV HEALTH CARE AND TREATMENT.
   2. THE PHYSICIAN OR OTHER AUTHORIZED PRACTITIONER ATTENDING A PREGNANT
 PERSON SHALL RECORD THE HCV TEST RESULTS  PROMINENTLY  IN  THE  PREGNANT
 PERSON'S  MEDICAL RECORD AT OR BEFORE THE TIME OF HOSPITAL ADMISSION FOR
 DELIVERY.
   3. THE COMMISSIONER MAY PROMULGATE SUCH RULES AND REGULATIONS  AS  ARE
 NECESSARY TO CARRY OUT THE REQUIREMENTS OF THIS SECTION.
   §  4. The section heading of section 2308 of the public health law, as
 amended by section 37 of part E of chapter 56 of the laws  of  2013,  is
 amended to read as follows:
   Sexually transmitted disease; pregnant [women] PERSONS; blood test for
 syphilis.
   § 5. Subdivision 1 of section 2308 of the public health law is amended
 to read as follows:
   1. Every physician OR OTHER AUTHORIZED PRACTITIONER attending pregnant
 [women]  PERSONS  in the state shall in the case of every [woman] PERSON
 so attended take or cause to be taken a sample of blood of such  [woman]
 PERSON  at  the  time of first examination, and submit such sample to an
 approved laboratory for a standard serological test for  syphilis.    IN
 A. 3007--B                         130
 
 ADDITION  TO TESTING AT THE TIME OF FIRST EXAMINATION, EVERY SUCH PHYSI-
 CIAN OR OTHER AUTHORIZED PRACTITIONER SHALL ORDER A SYPHILIS TEST DURING
 THE THIRD TRIMESTER OF PREGNANCY CONSISTENT WITH ANY GUIDANCE AND  REGU-
 LATIONS ISSUED BY THE COMMISSIONER.
   §  6.  This  act shall take effect immediately; provided, however that
 sections two, three, four and five shall take effect one year  after  it
 shall have become a law; provided further the amendments to subdivisions
 1  and 2 of section 2171 of the public health law made by section two of
 this act shall not affect the repeal of such section and shall be deemed
 repealed therewith.   Effective  immediately,  the  addition,  amendment
 and/or repeal of any rule or regulation necessary for the implementation
 of  this  act  on  its  effective  date  are  authorized  to be made and
 completed on or before such effective date.
 
                                  PART BB
 
                           Intentionally Omitted
 
                                  PART CC
 
                           Intentionally Omitted
 
                                  PART DD
 
   Section 1. 1. Subject to available appropriations and approval of  the
 director  of  the  budget,  the  commissioners  of  the office of mental
 health, office for people with  developmental  disabilities,  office  of
 addiction  services  and  supports,  office  of temporary and disability
 assistance, office of children and family services, and the state office
 for the aging shall establish a state fiscal year 2023-24 cost of living
 adjustment (COLA), effective April  1,  2023,  for  projecting  for  the
 effects  of  inflation  upon  rates of payments, contracts, or any other
 form of reimbursement for the programs and services listed in paragraphs
 (i), (ii), (iii), (iv), (v),  and  (vi)  of  subdivision  four  of  this
 section.   The COLA established herein shall be applied to the appropri-
 ate portion of reimbursable costs or contract amounts.  Where  appropri-
 ate,  transfers  to  the  department  of  health  (DOH) shall be made as
 reimbursement for the state share of medical assistance.
   2. Notwithstanding any inconsistent provision of law, subject  to  the
 approval  of  the  director  of  the budget and available appropriations
 therefore, for the period of April 1, 2023 through March 31,  2024,  the
 commissioners  shall  provide funding to support a eight and five-tenths
 percent (8.5%) cost of living adjustment  under  this  section  for  all
 eligible  programs  and  services  as determined pursuant to subdivision
 four of this section.
   3. Notwithstanding any inconsistent provision of law, and as  approved
 by the director of the budget, the 8.5 percent cost of living adjustment
 (COLA) established herein shall be inclusive of all other cost of living
 type  increases,  inflation  factors,  or  trend  factors that are newly
 applied effective April 1, 2023.   Except for the 8.5  percent  cost  of
 living  adjustment  (COLA) established herein, for the period commencing
 on April 1, 2023 and ending March 31, 2024 the commissioners  shall  not
 apply any other new cost of living adjustments for the purpose of estab-
 lishing rates of payments, contracts or any other form of reimbursement.
 A. 3007--B                         131
 
 The  phrase "all other cost of living type increases, inflation factors,
 or trend factors" as defined  in  this  subdivision  shall  not  include
 payments  made pursuant to the American Rescue Plan Act or other federal
 relief  programs  related  to  the  Coronavirus  Disease 2019 (COVID-19)
 pandemic Public Health Emergency.   This subdivision shall  not  prevent
 the  office  of  children  and  family services from applying additional
 trend factors or  staff  retention  factors  to  eligible  programs  and
 services under paragraph (v) of subdivision four of this section.
   4.  Eligible  programs and services. (i) Programs and services funded,
 licensed, or certified by the office of mental health (OMH) eligible for
 the cost  of  living  adjustment  established  herein,  pending  federal
 approval  where  applicable,  include:  office of mental health licensed
 outpatient programs, pursuant to parts 587 and 599 of title 14 CRR-NY of
 the office of mental health regulations including clinic, continuing day
 treatment, day treatment,  intensive  outpatient  programs  and  partial
 hospitalization;   outreach;  crisis  residence;  crisis  stabilization,
 crisis/respite beds; mobile crisis, part 590  comprehensive  psychiatric
 emergency  program  services;  crisis  intervention;  home  based crisis
 intervention; family care; supported single  room  occupancy;  supported
 housing;  supported  housing  community  services; treatment congregate;
 supported  congregate;  community  residence  -  children   and   youth;
 treatment/apartment;  supported  apartment;  community  residence single
 room occupancy; on-site rehabilitation; employment programs; recreation;
 respite care; transportation;  psychosocial  club;  assertive  community
 treatment;  case  management;  care  coordination, including health home
 plus services; local  government  unit  administration;  monitoring  and
 evaluation;  children  and  youth  vocational  services; single point of
 access; school-based mental health program; family support children  and
 youth;  advocacy/support  services;  drop  in centers; recovery centers;
 transition management services; bridger; home and community based waiver
 services; behavioral health waiver services authorized pursuant  to  the
 section  1115  MRT waiver; self-help programs; consumer service dollars;
 conference of local mental hygiene directors; multicultural  initiative;
 ongoing  integrated  supported employment services; supported education;
 mentally  ill/chemical  abuse  (MICA)  network;  personalized   recovery
 oriented  services;  children and family treatment and support services;
 residential treatment facilities operating pursuant to part 584 of title
 14-NYCRR;  geriatric  demonstration  programs;  community-based   mental
 health  family  treatment  and  support;  coordinated children's service
 initiative; homeless services; and promises zone.
   (ii) Programs and services  funded,  licensed,  or  certified  by  the
 office  for  people with developmental disabilities (OPWDD) eligible for
 the cost  of  living  adjustment  established  herein,  pending  federal
 approval  where applicable, include: local/unified services; chapter 620
 services; voluntary operated community residential services; article  16
 clinics;  day  treatment  services;  family  support  services; 100% day
 training; epilepsy services; traumatic brain injury services;  hepatitis
 B  services;  independent  practitioner  services  for  individuals with
 intellectual and/or  developmental  disabilities;  crisis  services  for
 individuals  with intellectual and/or developmental disabilities; family
 care  residential  habilitation;  supervised  residential  habilitation;
 supportive residential habilitation; respite; day habilitation; prevoca-
 tional  services; supported employment; community habilitation; interme-
 diate care facility day and residential  services;  specialty  hospital;
 pathways  to  employment;  intensive behavioral services; basic home and
 community based services  (HCBS)  plan  support;  health  home  services
 A. 3007--B                         132
 
 provided   by  care  coordination  organizations;  community  transition
 services; family education and training;  fiscal  intermediary;  support
 broker; and personal resource accounts.
   (iii)  Programs  and  services  funded,  licensed, or certified by the
 office of addiction services and supports (OASAS) eligible for the  cost
 of  living adjustment established herein, pending federal approval where
 applicable, include: medically supervised withdrawal services - residen-
 tial; medically supervised withdrawal services -  outpatient;  medically
 managed  detoxification; medically monitored withdrawal; inpatient reha-
 bilitation services; outpatient  opioid  treatment;  residential  opioid
 treatment; KEEP units outpatient; residential opioid treatment to absti-
 nence;  problem  gambling  treatment;  medically  supervised outpatient;
 outpatient  rehabilitation;   specialized   services   substance   abuse
 programs;  home and community based waiver services pursuant to subdivi-
 sion 9 of section 366 of the social services law;  children  and  family
 treatment and support services; continuum of care rental assistance case
 management;  NY/NY  III  post-treatment  housing;  NY/NY III housing for
 persons at risk for homelessness;  permanent  supported  housing;  youth
 clubhouse;  recovery  community  centers;  recovery community organizing
 initiative; residential rehabilitation services for youth (RRSY); inten-
 sive residential; community residential; supportive living;  residential
 services;  job  placement  initiative;  case  management; family support
 navigator; local government unit administration; peer engagement;  voca-
 tional   rehabilitation;   support   services;  HIV  early  intervention
 services; dual diagnosis coordinator; problem gambling resource centers;
 problem  gambling  prevention;  prevention  resource  centers;   primary
 prevention services; other prevention services; and community services.
   (iv)  Programs  and  services  funded,  licensed,  or certified by the
 office of temporary and disability assistance (OTDA)  eligible  for  the
 cost  of  living adjustment established herein, pending federal approval
 where applicable, include:  nutrition  outreach  and  education  program
 (NOEP).
   (v) Programs and services funded, licensed, or certified by the office
 of  children  and family services (OCFS) eligible for the cost of living
 adjustment established herein, pending federal approval  where  applica-
 ble,  include:  programs  for  which  the  office of children and family
 services establishes maximum state aid rates pursuant to  section  398-a
 of  the social services law and section 4003 of the education law; emer-
 gency foster homes; foster family boarding homes and therapeutic  foster
 homes;  supervised  settings  as  defined  by  subdivision twenty-two of
 section 371 of the  social  services  law;  adoptive  parents  receiving
 adoption subsidy pursuant to section 453 of the social services law; and
 congregate  and  scattered  supportive  housing  programs and supportive
 services provided under the NY/NY III supportive  housing  agreement  to
 young adults leaving or having recently left foster care.
   (vi) Programs and services funded, licensed, or certified by the state
 office  for  the aging (SOFA) eligible for the cost of living adjustment
 established herein, pending federal approval where applicable,  include:
 community  services  for  the elderly; expanded in-home services for the
 elderly; and supplemental nutrition assistance program.
   5. Each local government unit or direct  contract  provider  receiving
 funding  for  the  cost  of  living  adjustment established herein shall
 submit a written certification, in such form and at such  time  as  each
 commissioner  shall prescribe, attesting how such funding will be or was
 used to first promote the recruitment  and  retention  of  non-executive
 direct  care staff, non-executive direct support professionals, non-exe-
 A. 3007--B                         133
 
 cutive clinical staff, or respond to other critical non-personal service
 costs prior to supporting any salary increases or other compensation for
 executive level job titles.
   6.  Notwithstanding any inconsistent provision of law to the contrary,
 agency commissioners shall be authorized to recoup funding from a  local
 governmental  unit  or  direct  contract provider for the cost of living
 adjustment established herein determined to have been used in  a  manner
 inconsistent  with  the  appropriation,  or  any other provision of this
 section. Such agency commissioners shall be  authorized  to  employ  any
 legal mechanism to recoup such funds, including an offset of other funds
 that are owed to such local governmental unit or direct contract provid-
 er.
   §  2.  This  act  shall take effect immediately and shall be deemed to
 have been in full force and effect on and after April 1, 2023.
 
                                  PART EE
 
   Section 1. Subdivision 1-a of section 84 of part A of  chapter  56  of
 the laws of 2013, amending the social services law and other laws relat-
 ing  to enacting the major components of legislation necessary to imple-
 ment the health and mental hygiene budget for the 2013-2014 state fiscal
 year, as amended by section 9 of part Z of chapter 57  of  the  laws  of
 2018, is amended to read as follows:
   1-a.  sections  seventy-three  through  eighty-a  shall  expire and be
 deemed repealed September 30, [2023] 2025;
   § 2. This act shall take effect immediately.
 
                                  PART FF
 
                           Intentionally Omitted
 
                                  PART GG
 
                           Intentionally Omitted
 
                                  PART HH
 
   Section 1. Intentionally omitted.
   § 2. The mental hygiene law is amended  by  adding  two  new  sections
 36.04 and 36.05 to read as follows:
 § 36.04 CERTIFIED COMMUNITY BEHAVIORAL HEALTH CLINICS.
   (A)  THE  COMMISSIONERS  ARE  AUTHORIZED  TO JOINTLY CERTIFY COMMUNITY
 BEHAVIORAL HEALTH CLINICS, SUBJECT TO  THE  AVAILABILITY  OF  STATE  AND
 FEDERAL FUNDING.
   (B)  CERTIFIED COMMUNITY BEHAVIORAL HEALTH CLINICS SHALL PROVIDE COOR-
 DINATED, COMPREHENSIVE BEHAVIORAL HEALTH CARE, INCLUDING  MENTAL  HEALTH
 AND  ADDICTION  SERVICES,  PRIMARY  CARE  SCREENING, AND CASE MANAGEMENT
 SERVICES, IN ACCORDANCE WITH CERTIFIED COMMUNITY BEHAVIORAL HEALTH CLIN-
 IC STANDARDS ESTABLISHED BY THE UNITED STATES DEPARTMENT OF  HEALTH  AND
 HUMAN SERVICES SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES ADMINISTRATION
 AND  THE  COMMISSIONERS OF THE OFFICE OF MENTAL HEALTH AND THE OFFICE OF
 ADDICTION SERVICES AND SUPPORTS.
   (C) THE COMMISSIONERS SHALL REQUIRE EACH PROPOSED CERTIFIED  COMMUNITY
 BEHAVIORAL  HEALTH  CLINIC  TO SUBMIT A PLAN, WHICH SHALL BE APPROVED BY
 A. 3007--B                         134
 
 THE COMMISSIONERS PRIOR TO THE  ISSUANCE  OF  AN  OPERATING  CERTIFICATE
 PURSUANT TO THIS ARTICLE.  SUCH PLAN SHALL INCLUDE:
   (1)  A DESCRIPTION OF THE CLINIC'S CHARACTER AND COMPETENCY TO PROVIDE
 CERTIFIED COMMUNITY BEHAVIORAL HEALTH CLINIC SERVICES ACROSS THE  LIFES-
 PAN,  INCLUDING  HOW THE CLINIC WILL ENSURE ACCESS TO CRISIS SERVICES AT
 ALL TIMES AND ACCEPT ALL PATIENTS REGARDLESS OF ABILITY TO PAY;
   (2) A DESCRIPTION OF THE CLINIC'S CATCHMENT AREA;
   (3) A STATEMENT INDICATING THAT THE CLINIC HAS  BEEN  INCLUDED  IN  AN
 APPROVED  LOCAL SERVICES PLAN DEVELOPED PURSUANT TO ARTICLE FORTY-ONE OF
 THIS CHAPTER FOR EACH  LOCAL  GOVERNMENT  LOCATED  WITHIN  THE  CLINIC'S
 CATCHMENT AREA;
   (4)  WHERE EXECUTED, AGREEMENTS ESTABLISHING FORMAL RELATIONSHIPS WITH
 DESIGNATED COLLABORATING  ORGANIZATIONS  TO  PROVIDE  CERTAIN  CERTIFIED
 COMMUNITY  BEHAVIORAL  HEALTH  CLINIC SERVICES, CONSISTENT WITH GUIDANCE
 ISSUED BY THE UNITED STATES DEPARTMENT  OF  HEALTH  AND  HUMAN  SERVICES
 SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES ADMINISTRATION AND THE OFFICE
 OF MENTAL HEALTH AND THE OFFICE OF ADDICTION SERVICES AND SUPPORTS;
   (5)  A  STAFFING PLAN DRIVEN BY LOCAL NEEDS ASSESSMENT, LICENSING, AND
 TRAINING TO SUPPORT SERVICE DELIVERY;
   (6) A DESCRIPTION OF THE  CLINIC'S  DATA-DRIVEN  APPROACH  TO  QUALITY
 IMPROVEMENT;
   (7)  A  DESCRIPTION  OF HOW CONSUMERS ARE REPRESENTED IN GOVERNANCE OF
 THE CLINIC;
   (8) ALL FINANCIAL INFORMATION IN THE FORM AND FORMAT REQUIRED  BY  THE
 OFFICE  OF  MENTAL  HEALTH  AND  THE  OFFICE  OF  ADDICTION SERVICES AND
 SUPPORTS; AND
   (9) ANY OTHER INFORMATION OR AGREEMENTS REQUIRED BY THE COMMISSIONERS.
   (D) WHERE A CERTIFIED COMMUNITY  BEHAVIORAL  HEALTH  CLINIC  HAS  BEEN
 ESTABLISHED  AND  IS PARTICIPATING ON THE EFFECTIVE DATE OF THIS SECTION
 IN THE FEDERAL  CERTIFIED  COMMUNITY  BEHAVIORAL  HEALTH  CLINIC  DEMON-
 STRATION  AWARDED TO THE STATE BY THE UNITED STATES DEPARTMENT OF HEALTH
 AND HUMAN SERVICES SUBSTANCE ABUSE AND MENTAL HEALTH  SERVICES  ADMINIS-
 TRATION,  THE  PREVIOUSLY  ESTABLISHED CLINIC MAY BE CERTIFIED WHERE THE
 CLINIC DEMONSTRATES COMPLIANCE WITH THE CERTIFICATION  STANDARDS  ESTAB-
 LISHED PURSUANT TO THIS ARTICLE.
   (E)  THE  COMMISSIONERS SHALL PROMULGATE ANY RULE OR REGULATION NECES-
 SARY TO EFFECTUATE THIS SECTION.
 § 36.05 CERTIFIED COMMUNITY  BEHAVIORAL  HEALTH  CLINICS  INDIGENT  CARE
           PROGRAM.
   (A)  (1)  FOR  PERIODS  ON  AND AFTER JULY FIRST, TWO THOUSAND TWENTY-
 THREE, THE COMMISSIONERS ARE AUTHORIZED  TO  MAKE  PAYMENT  TO  ELIGIBLE
 CERTIFIED  COMMUNITY  BEHAVIORAL  HEALTH CLINICS, TO THE EXTENT OF FUNDS
 APPROPRIATED THEREFOR TO ASSIST IN MEETING LOSSES RESULTING FROM  UNCOM-
 PENSATED  CARE.    IN  THE  EVENT FEDERAL FINANCIAL PARTICIPATION IS NOT
 AVAILABLE FOR SUCH PAYMENTS TO ELIGIBLE CERTIFIED  COMMUNITY  BEHAVIORAL
 HEALTH  CLINICS, PAYMENTS SHALL BE MADE SOLELY ON THE BASIS OF AVAILABLE
 STATE GENERAL FUND APPROPRIATIONS FOR THIS  PURPOSE  IN  AMOUNTS  TO  BE
 DETERMINED BY THE DIRECTOR OF THE DIVISION OF THE BUDGET.
   (2) FOR PURPOSES OF THIS SECTION, "ELIGIBLE CERTIFIED COMMUNITY BEHAV-
 IORAL HEALTH CLINICS" SHALL MEAN VOLUNTARY NON-PROFIT CERTIFIED COMMUNI-
 TY  BEHAVIORAL  HEALTH  CLINICS  PARTICIPATING  IN THE FEDERAL CERTIFIED
 COMMUNITY BEHAVIORAL HEALTH CLINIC DEMONSTRATION AWARDED TO THE STATE BY
 THE UNITED STATES DEPARTMENT OF  HEALTH  AND  HUMAN  SERVICES  SUBSTANCE
 ABUSE  AND  MENTAL  HEALTH  SERVICES  ADMINISTRATION AND OTHER CERTIFIED
 COMMUNITY BEHAVIORAL HEALTH CLINICS CERTIFIED PURSUANT TO SECTION  36.04
 OF  THIS  ARTICLE,  WHICH DEMONSTRATE THAT A MINIMUM OF THREE PERCENT OF
 A. 3007--B                         135
 
 TOTAL VISITS REPORTED DURING THE APPLICABLE BASE YEAR PERIOD, AS  DETER-
 MINED BY THE COMMISSIONERS, WERE TO UNINSURED INDIVIDUALS.
   (3) FOR PURPOSES OF THIS SECTION, "LOSSES RESULTING FROM UNCOMPENSATED
 CARE"  SHALL  MEAN  LOSSES FROM REPORTED SELF-PAY AND FREE VISITS MULTI-
 PLIED BY THE CLINIC'S MEDICAL ASSISTANCE PAYMENT RATE FOR THE APPLICABLE
 DISTRIBUTION YEAR, OFFSET BY PAYMENTS RECEIVED FROM SUCH PATIENTS DURING
 THE REPORTING PERIOD.
   (B) A CERTIFIED COMMUNITY BEHAVIORAL HEALTH CLINIC  QUALIFYING  FOR  A
 DISTRIBUTION PURSUANT TO THIS SECTION SHALL PROVIDE ASSURANCES SATISFAC-
 TORY  TO THE COMMISSIONERS THAT IT SHALL UNDERTAKE REASONABLE EFFORTS TO
 MAINTAIN FINANCIAL SUPPORT FROM COMMUNITY AND PUBLIC FUNDING SOURCES AND
 REASONABLE EFFORTS TO COLLECT PAYMENTS  FOR  SERVICES  FROM  THIRD-PARTY
 INSURANCE PAYORS, GOVERNMENTAL PAYORS AND SELF-PAYING PATIENTS.
   (C)  (1) FUNDING PURSUANT TO THIS SECTION SHALL BE ALLOCATED TO ELIGI-
 BLE CERTIFIED COMMUNITY  BEHAVIORAL  HEALTH  CLINICS  BASED  ON  ACTUAL,
 REPORTED  LOSSES  RESULTING FROM UNCOMPENSATED CARE IN A GIVEN BASE YEAR
 PERIOD AND SHALL NOT EXCEED ONE HUNDRED PERCENT OF AN ELIGIBLE  CLINIC'S
 LOSSES IN THE SAME PERIOD.
   (2) IF THE SUM OF ACTUAL, REPORTED LOSSES RESULTING FROM UNCOMPENSATED
 CARE  FOR  ALL CERTIFIED COMMUNITY BEHAVIORAL HEALTH CLINICS EXCEEDS THE
 AMOUNT APPROPRIATED THEREFOR IN A GIVEN BASE YEAR PERIOD, ALLOCATIONS OF
 FUNDS FOR EACH ELIGIBLE CERTIFIED  COMMUNITY  BEHAVIORAL  HEALTH  CLINIC
 SHALL BE ASSESSED PROPORTIONATELY BASED UPON THE PERCENTAGE OF THE TOTAL
 NUMBER  OF  UNCOMPENSATED  CARE  VISITS FOR ALL CLINICS THAT EACH CLINIC
 PROVIDED DURING THE BASE YEAR AND SHALL NOT EXCEED AMOUNTS  APPROPRIATED
 IN THE AGGREGATE.
   (D) EXCEPT AS PROVIDED IN SUBDIVISION (E) OF THIS SECTION, FOR PERIODS
 ON  AND AFTER JULY FIRST, TWO THOUSAND TWENTY-THREE THROUGH JUNE THIRTI-
 ETH, TWO THOUSAND TWENTY-SIX, FUNDS SHALL BE MADE AVAILABLE FOR PAYMENTS
 PURSUANT TO THIS SECTION FOR  ELIGIBLE  CERTIFIED  COMMUNITY  BEHAVIORAL
 HEALTH  CLINICS  FOR  THE  FOLLOWING  PERIODS IN THE FOLLOWING AGGREGATE
 AMOUNTS:
   (1) FOR THE PERIOD OF JULY FIRST, TWO  THOUSAND  TWENTY-THREE  THROUGH
 JUNE  THIRTIETH, TWO THOUSAND TWENTY-FOUR, UP TO THIRTY-TWO MILLION FIVE
 HUNDRED THOUSAND DOLLARS;
   (2) FOR THE PERIOD OF JULY FIRST,  TWO  THOUSAND  TWENTY-FOUR  THROUGH
 JUNE  THIRTIETH,  TWO  THOUSAND TWENTY-FIVE, UP TO FIFTY-ONE MILLION TWO
 HUNDRED FIFTY THOUSAND DOLLARS; AND
   (3) FOR THE PERIOD OF JULY FIRST,  TWO  THOUSAND  TWENTY-FIVE  THROUGH
 JUNE  THIRTIETH,  TWO  THOUSAND  TWENTY-SIX,  UP  TO  FIFTY-FIVE MILLION
 DOLLARS.
   (E) IN THE EVENT THAT FEDERAL FINANCIAL PARTICIPATION IS NOT AVAILABLE
 FOR RATE ADJUSTMENTS PURSUANT  TO  THIS  SECTION,  FUNDS  AVAILABLE  FOR
 PAYMENTS  PURSUANT TO THIS SECTION FOR EACH ELIGIBLE CERTIFIED COMMUNITY
 BEHAVIORAL HEALTH CLINIC SHALL  BE  LIMITED  TO  THE  NON-FEDERAL  SHARE
 EQUIVALENT OF THE AMOUNTS SPECIFIED IN SUBDIVISION (D) OF THIS SECTION.
   (F)  ELIGIBLE  CERTIFIED COMMUNITY BEHAVIORAL HEALTH CLINICS RECEIVING
 FUNDING UNDER THIS SECTION SHALL NOT BE ELIGIBLE FOR COMPREHENSIVE DIAG-
 NOSTIC AND TREATMENT CENTERS INDIGENT CARE PROGRAM FUNDING  PURSUANT  TO
 SECTION TWO THOUSAND EIGHT HUNDRED SEVEN-P OF THE PUBLIC HEALTH LAW.
   (G)  THE  COMMISSIONERS MAY REQUIRE FACILITIES RECEIVING DISTRIBUTIONS
 PURSUANT TO THIS  SECTION  AS  A  CONDITION  OF  PARTICIPATING  IN  SUCH
 DISTRIBUTIONS,  TO  PROVIDE  REPORTS  AND  DATA  TO THE OFFICE OF MENTAL
 HEALTH AND THE OFFICE OF ADDICTION SERVICES AND SUPPORTS AS THE  COMMIS-
 SIONERS  DEEM  NECESSARY  TO ADEQUATELY IMPLEMENT THE PROVISIONS OF THIS
 SECTION.
 A. 3007--B                         136
 
   § 3. This act shall take effect immediately.
 
                                  PART II
 
                           Intentionally Omitted
 
                                  PART JJ
 
                           Intentionally Omitted
 
                                  PART KK

   Section  1.  1. A task force shall be established within the office of
 mental health to be known as the mental health housing  evaluation  task
 force  for  aging in place (hereinafter referred to as the "task force")
 to make recommendations including, but not limited to, the following:
   (a) solutions for removing barriers to ensure residents of  community-
 based mental health housing programs can successfully age in place while
 receiving adequate care;
   (b)  identifying  policy, procedure, or regulatory changes that aim to
 remove barriers to residents of community-based  mental  health  housing
 programs  to  receive both mental health and medical care, including the
 ability to hire health care professionals, including but not limited  to
 nurses and/or health home aides;
   (c)  an  action plan for making residences Americans with Disabilities
 Act compliant;
   (d) necessary training for residential staff to understand  the  needs
 of the elderly for which they are providing care; and
   (e)  types  of  assistance  to consider when transporting residents to
 medical appointments and ensuring the proper follow-up occurs.
   2. The task force shall consist of  nine  members  as  follows:  three
 members  shall  be  appointed  by  the  governor;  two  members shall be
 appointed by the speaker of the assembly; two members shall be appointed
 by the temporary president of the senate; one member shall be  appointed
 by  the minority leader of the senate; and one member shall be appointed
 by the minority leader of the assembly. The task force members shall  be
 appointed within 60 days after this act shall have become a law.
   Members  so appointed shall consist of at least: one representative of
 a statewide organization or  advocacy  group  for  residents  of  mental
 health  housing  programs;  at  least  one health care professional with
 expertise in the needs of the elderly/aging residents  of  a  congregate
 care setting with significant medical issues; at least one mental health
 professional  with expertise in the needs of elderly mental health hous-
 ing residents with a severe and persistent mental illness; and at  least
 one  member  shall  be  a director of a mental health housing program. A
 chairperson shall be nominated by a majority vote from among the members
 of the task force.
   3. No member, officer or employee of the task force shall be disquali-
 fied from holding any other public office or employment, nor shall he or
 she forfeit any such office or  employment  by  reason  of  his  or  her
 appointment  hereunder,  notwithstanding  the provisions of any general,
 special, or local law, ordinance or city charter.
   4. The members of the task force shall  receive  no  compensation  for
 their  services but shall be allowed their actual and necessary expenses
 A. 3007--B                         137
 
 incurred in the performance of their duties hereunder.  The  task  force
 shall  meet  at  least  three times, or more if deemed necessary, at the
 call of the chairperson to fulfill its duties.
   5.  The  task force shall make a report of its findings, including any
 recommendations required pursuant to subdivision one of this section  as
 well  as  any legislative or budgetary initiatives as it may deem neces-
 sary and appropriate. Such report shall be provided to the governor  and
 the  legislature  no  later than twelve months after this act shall have
 become a law.
   § 2. This act shall take effect immediately and shall  expire  and  be
 deemed repealed thirty days after the report required pursuant to subdi-
 vision  five of section one of this act has been presented to the legis-
 lature; provided, further, that the commissioner of mental health  shall
 notify  the  legislative bill drafting commission upon the submission of
 the report required by subdivision five of section one of  this  act  to
 the  legislature,  in order that the commission may maintain an accurate
 and timely effective data base of the official text of the laws  of  the
 state  of  New  York  in  furtherance  of effectuating the provisions of
 section 44 of the legislative law and section 70-b of the  public  offi-
 cers law.
 
                                  PART LL
 
   Section  1.  Paragraph  (d-3) of subdivision 3 of section 364-j of the
 social services law, as added by section 1 of part JJ of chapter  57  of
 the laws of 2021, is amended to read as follows:
   (d-3)  Services  provided  in school-based health centers shall not be
 provided to medical assistance recipients through managed care  programs
 established  pursuant  to  this section [until at least April first, two
 thousand twenty-three,] and shall continue to  be  provided  outside  of
 managed care programs.
   §  2.  Section 2 of part JJ of chapter 57 of the laws of 2021 amending
 the social services law relating to managed care programs, is amended to
 read as follows:
   § 2. This act shall take effect immediately [and shall expire April 1,
 2023, when upon such date the provisions of this  act  shall  be  deemed
 repealed];  provided  [further,] THAT the amendments to section 364-j of
 the social services law made by section one of this act shall not affect
 the repeal of such section and shall be deemed repealed therewith.
   § 3. This act shall take effect immediately; provided,  however,  that
 the  amendments to section 364-j of the social services law made by this
 act shall not affect the repeal of such  section  and  shall  be  deemed
 repealed therewith.
 
                                  PART MM
 
   Section  1.  Section  365-1  of  the social services law is amended by
 adding a new subdivision 1-a to read as follows:
   1-A. IN ESTABLISHING THE ELIGIBILITY CRITERIA UNDER PARAGRAPH  (D)  OF
 SUBDIVISION  ONE  OF  THIS SECTION, THE COMMISSIONER OF HEALTH SHALL NOT
 ESTABLISH ANY LIMIT ON THE DURATION OF ELIGIBILITY  UNDER  THIS  SECTION
 FOR A MEDICAID ENROLLEE WHO MEETS ALL OTHER ELIGIBILITY CRITERIA.
   § 2. This act shall take effect immediately.
 
                                  PART NN
 A. 3007--B                         138
 
   Section 1. Sections 1 and 1-a of part FFF of chapter 56 of the laws of
 2020  directing  the department of health to remove the pharmacy benefit
 from the managed care benefit package and to provide the pharmacy  bene-
 fit under the fee for service program are REPEALED.
   § 2. This act shall take effect April 1, 2023.
 
                                  PART OO
 
   Section  1. Subdivision 1 of section 2999-dd of the public health law,
 as amended by section 2 of part V of chapter 57 of the laws of 2022,  is
 amended to read as follows:
   1.  Health  care  services  delivered  by means of telehealth shall be
 entitled to reimbursement under section three hundred  sixty-seven-u  of
 the  social services law on the same basis, at the same rate, and to the
 same extent the equivalent services, as may be  defined  in  regulations
 promulgated  by  the  commissioner,  are  reimbursed  when  delivered in
 person; provided, however, that health care services delivered by  means
 of  telehealth  shall not require reimbursement to a telehealth provider
 for certain costs, including but not limited to facility fees  or  costs
 reimbursed  through ambulatory patient groups or other clinic reimburse-
 ment methodologies set forth in section twenty-eight  hundred  seven  of
 this  chapter, if such costs were not incurred in the provision of tele-
 health services due to neither the originating site nor the distant site
 occurring within  a  facility  or  other  clinic  setting;  and  further
 provided,  however,  reimbursement  for  additional modalities, provider
 categories and originating sites specified in  accordance  with  section
 twenty-nine hundred ninety-nine-ee of this article, and audio-only tele-
 phone  communication  defined  in  regulations  promulgated  pursuant to
 subdivision four of section twenty-nine hundred ninety-nine-cc  of  this
 article,  shall  be  contingent  upon  federal  financial participation.
 Notwithstanding  the  provisions  of  this  subdivision,  for   services
 licensed, certified or otherwise authorized pursuant to article sixteen,
 article  thirty-one or article thirty-two of the mental hygiene law, AND
 FOR ANY SERVICES DELIVERED THROUGH A  FACILITY  LICENSED  UNDER  ARTICLE
 TWENTY-EIGHT  OF  THIS  CHAPTER THAT IS ELIGIBLE TO BE DESIGNATED OR HAS
 RECEIVED A DESIGNATION AS A FEDERALLY QUALIFIED HEALTH CENTER IN ACCORD-
 ANCE WITH 42 USC § 1396A(AA), AS AMENDED, OR ANY SUCCESSOR LAW  THERETO,
 INCLUDING  THOSE FACILITIES THAT ARE ALSO LICENSED UNDER ARTICLE THIRTY-
 ONE OR ARTICLE THIRTY-TWO OF  THE  MENTAL  HYGIENE  LAW,  such  services
 provided  by  telehealth[, as deemed appropriate by the relevant commis-
 sioner,] shall be reimbursed at the applicable in person rates  or  fees
 established  by law, or otherwise established or certified by the office
 for people with developmental disabilities, office of mental health,  or
 the  office  of  addiction  services  and  supports  pursuant to article
 forty-three of the mental hygiene law.
   § 2. This act shall take effect April 1, 2023; provided, however, that
 the amendments to subdivision 1 of section 2999-dd of the public  health
 law  made  by section one of this act shall not affect the expiration of
 such subdivision and shall expire and be deemed repealed therewith.
   § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
 sion, section or part of this act shall be  adjudged  by  any  court  of
 competent  jurisdiction  to  be invalid, such judgment shall not affect,
 impair, or invalidate the remainder thereof, but shall  be  confined  in
 its  operation  to the clause, sentence, paragraph, subdivision, section
 or part thereof directly involved in the controversy in which such judg-
 ment shall have been rendered. It is hereby declared to be the intent of
 A. 3007--B                         139

 the legislature that this act would  have  been  enacted  even  if  such
 invalid provisions had not been included herein.
   §  3.  This  act shall take effect immediately provided, however, that
 the applicable effective date of Parts A through OO of this act shall be
 as specifically set forth in the last section of such Parts.