S. 8714 2
NATURAL MEDICINES AND THERAPIES, AND MANUAL THERAPY, TO SUPPORT AND
STIMULATE THE BODY'S INHERENT SELF-HEALING PROCESSES.
2. A. IN THE PRACTICE OF NATUROPATHIC MEDICINE, A NATUROPATHIC DOCTOR
SHALL HAVE THE AUTHORITY TO PRACTICE INJECTION THERAPY AS ESTABLISHED BY
THE STATE BOARD FOR NATUROPATHIC MEDICINE IN ACCORDANCE WITH THE COMMIS-
SIONER'S REGULATIONS. FOR THE PURPOSES OF THIS ARTICLE "INJECTION THER-
APY" SHALL MEAN ADMINISTERING AND PRESCRIBING THE FOLLOWING MEDICATIONS
AND OTHER SUBSTANCES BY INTRADERMAL, SUBCUTANEOUS, INTRAMUSCULAR,
INTRA-ARTICULAR AND INTRAVENOUS ROUTES:
(I) STERILE PARENTERAL PRODUCTS THAT ARE CHEMICALLY IDENTICAL TO
SUBSTANCES AVAILABLE WITHOUT A PRESCRIPTION, LIMITED TO VITAMINS,
MINERALS, AMINO ACIDS, ELECTROLYTES, SUGARS AND DILUENTS;
(II) LIDOCAINE FOR LOCAL INFILTRATION OR TRIGGER-POINT ANESTHESIA, BUT
NOT REGIONAL NERVE BLOCKS, NEURAXIAL ANESTHESIA, DEEP SEDATION OR GENER-
AL ANESTHESIA;
(III) AUTOLOGOUS PLATELET-RICH PLASMA;
(IV) DRUGS AUTHORIZED IN SUBDIVISION FOUR OF THIS SECTION; AND
(V) OTHER SUBSTANCES AUTHORIZED BY THE STATE BOARD FOR NATUROPATHIC
MEDICINE IN ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS.
B. NOTHING IN THIS SUBDIVISION AUTHORIZES A NATUROPATHIC DOCTOR TO
COMPOUND STERILE PREPARATIONS.
3. IN THE PRACTICE OF NATUROPATHIC MEDICINE, A NATUROPATHIC DOCTOR MAY
ADMINISTER AND PRESCRIBE THE FOLLOWING DRUGS FOR WHICH A PRESCRIPTION IS
REQUIRED UNDER THE FEDERAL FOOD, DRUG AND COSMETIC ACT (21 U.S.C. § 301
ET SEQ.):
A. EPINEPHRINE TO TREAT ANAPHYLAXIS;
B. NON-CONTROLLED BIOIDENTICAL ENDOCRINE HORMONES; AND
C. OTHER DRUGS AUTHORIZED BY THE STATE BOARD FOR NATUROPATHIC MEDICINE
IN ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS.
4. IN THE PRACTICE OF NATUROPATHIC MEDICINE A NATUROPATHIC DOCTOR MAY
USE MEDICAL DEVICES THAT ARE EXEMPT OR ARE CLASS I OR CLASS II DEVICES
IDENTIFIED UNDER TITLE TWENTY-ONE OF THE CODE OF FEDERAL REGULATIONS.
§ 6852. PRACTICE OF NATUROPATHIC MEDICINE AND USE OF TITLE "NATURO-
PATHIC DOCTOR". 1. ONLY A PERSON LICENSED UNDER THIS ARTICLE MAY USE THE
TITLE "NATUROPATHIC DOCTOR", "LICENSED NATUROPATH" OR "PROFESSIONAL
NATUROPATH" AND HOLD THEMSELVES OUT AS PRACTICING NATUROPATHIC MEDICINE.
2. NO PERSON LICENSED UNDER THIS ARTICLE SHALL HOLD THEMSELVES OUT AS
PRACTICING ANY OTHER PROFESSION REGULATED BY THIS TITLE, OR USE A TITLE
OF ANY OTHER PROFESSION, UNLESS OTHERWISE AUTHORIZED UNDER THIS TITLE.
§ 6853. BOUNDARIES OF PROFESSIONAL COMPETENCE. THE ACTIVITIES ENCOM-
PASSED WITHIN THE DEFINITION OF THE PRACTICE OF NATUROPATHIC MEDICINE
SHALL NOT INCLUDE:
1. ADMINISTERING OR PRESCRIBING CONTROLLED SUBSTANCES;
2. DIAGNOSTIC AND THERAPEUTIC METHODS IN WHICH BONE, VISCERA, THE
EYEBALL, THE INNER EAR, THE DORSAL BODY CAVITY, OR THE VENTRAL BODY
CAVITY IS PENETRATED BY A PHYSICAL DEVICE;
3. SURGERY AS A MEDICAL PROCEDURE FOR STRUCTURALLY ALTERING THE HUMAN
BODY BY CUTTING INTO LIVE HUMAN TISSUE FOR THE PURPOSE OF LOCALIZED
ALTERATION, TRANSPORTATION, OR DESTRUCTION OF LIVE HUMAN TISSUE USING
IONIZING RADIATION OR AN INSTRUMENT, SUCH AS A LASER, SCALPEL OR PROBE.
NOTHING IN THIS DELIMITATION OF SURGERY SHALL PRECLUDE INJECTION;
4. ADMINISTERING RADIOLOGICAL PROCEDURES USING IONIZING RADIATION
ABOVE BACKGROUND LEVELS;
5. ADMINISTERING OR PRESCRIBING GENERAL OR SPINAL ANESTHETIC DRUGS;
S. 8714 3
6. OBSTETRIC SERVICES OTHER THAN PRENATAL WELLNESS CARE AND PRESCRIB-
ING, ORDERING, INSTALLING, REMOVING OR ADJUSTING BARRIER CONTRACEPTIVE
DEVICES;
7. ACUPUNCTURE;
8. SETTING FRACTURES;
9. TREATMENT FOR MALIGNANCIES OTHER THAN ANCILLARY THERAPIES PROVIDED
IN COLLABORATION WITH AN ONCOLOGIST;
10. EMERGENCY CARE SERVICES FOR TREATING INJURIES OR TRAUMA FROM A
SERIOUS ACCIDENT OR A VIOLENT CRIME, EXCEPT AS PERMITTED BY ARTICLE
THIRTY OF THE PUBLIC HEALTH LAW;
11. MARITAL AND FAMILY THERAPY, PSYCHOANALYSIS AND CREATIVE ARTS THER-
APY; AND
12. COMPOUNDING DRUGS.
§ 6854. STATE BOARD FOR NATUROPATHIC MEDICINE. 1. A STATE BOARD FOR
NATUROPATHIC MEDICINE SHALL BE APPOINTED BY THE BOARD OF REGENTS ON THE
RECOMMENDATION OF THE COMMISSIONER FOR THE PURPOSE OF ASSISTING THE
BOARD OF REGENTS AND THE DEPARTMENT ON MATTERS OF PROFESSIONAL LICENSING
AND PROFESSIONAL CONDUCT IN ACCORDANCE WITH SECTION SIXTY-FIVE HUNDRED
EIGHT OF THIS TITLE. THE BOARD SHALL BE COMPOSED OF TWO MEMBERS OF THE
PUBLIC WHO ARE CONSUMERS OF NATUROPATHIC MEDICINE AND NOT EMPLOYED BY
NOR PRACTITIONERS OF NATUROPATHIC MEDICINE UNDER THIS ARTICLE, TWO
LICENSED PHYSICIANS WHO ARE A DOCTOR OF MEDICINE OR A DOCTOR OF OSTEOPA-
THY, AND NOT LESS THAN SIX PERSONS LICENSED UNDER THIS ARTICLE. A
NATUROPATHIC DOCTOR MEMBER OF THE BOARD SHALL HAVE BEEN LICENSED UNDER
THIS ARTICLE FOR AT LEAST TWO YEARS PRIOR TO BEING APPOINTED, WHICH TWO
YEAR LICENSE REQUIREMENT IS WAIVED FOR THE INITIAL BOARD AND REPLACED
WITH A REQUIREMENT THAT THE NATUROPATHIC DOCTOR OBTAIN A LICENSE UNDER
THIS ARTICLE WITHIN ONE YEAR OF APPOINTMENT OR ONE YEAR OF THE EFFECTIVE
DATE OF THIS ARTICLE, WHICHEVER COMES LATER. THE TERMS OF THE FIRST
APPOINTED MEMBERS SHALL BE STAGGERED SO THAT THREE ARE APPOINTED FOR
THREE YEARS, THREE ARE APPOINTED FOR FOUR YEARS, AND FOUR ARE APPOINTED
FOR FIVE YEARS. AN EXECUTIVE SECRETARY OF THE BOARD SHALL BE APPOINTED
BY THE BOARD OF REGENTS ON THE RECOMMENDATION OF THE COMMISSIONER.
2. EXAMINATIONS SELECTED OR PREPARED BY THE BOARD PURSUANT TO SUBDIVI-
SION TWO OF SECTION SIXTY-FIVE HUNDRED EIGHT OF THIS TITLE SHALL CONFORM
WHENEVER POSSIBLE TO NATIONALLY RECOGNIZED TEST DEVELOPMENT STANDARDS
AND TEST COMPETENCIES FOR NATUROPATHIC MEDICINE.
§ 6855. QUALIFICATIONS FOR LICENSURE. TO QUALIFY FOR A LICENSE TO
PRACTICE THE PROFESSION OF NATUROPATHIC MEDICINE, AN APPLICANT SHALL
FULFILL THE FOLLOWING REQUIREMENTS:
1. APPLICATION: FILE AN APPLICATION WITH THE DEPARTMENT;
2. EDUCATION: HAVE RECEIVED AN EDUCATION, INCLUDING A DOCTORAL DEGREE
IN NATUROPATHIC MEDICINE, GRANTED ON THE BASIS OF COMPLETION OF A
PROGRAM OF NATUROPATHIC MEDICINE REGISTERED WITH THE DEPARTMENT OR THE
SUBSTANTIAL EQUIVALENT THEREOF, IN ACCORDANCE WITH THE COMMISSIONER'S
REGULATIONS;
3. EXPERIENCE: HAVE SATISFACTORILY COMPLETED A POST-GRADUATE RESIDEN-
CY PROGRAM OF NATUROPATHIC MEDICINE OF AT LEAST TWELVE MONTHS DURATION
APPROVED BY THE DEPARTMENT, OR THE SUBSTANTIAL EQUIVALENT THEREOF, AND
IN ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS;
4. EXAMINATION: PASS AN EXAMINATION SATISFACTORY TO THE BOARD AND IN
ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS;
5. AGE: BE AT LEAST TWENTY-ONE YEARS OF AGE;
6. CHARACTER: BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE DEPART-
MENT; AND
S. 8714 4
7. FEE: PAY A FEE OF THREE HUNDRED FIFTY DOLLARS TO THE DEPARTMENT FOR
AN INITIAL LICENSE AND A FEE OF FIVE HUNDRED DOLLARS FOR EACH TRIENNIAL
REGISTRATION PERIOD.
§ 6856. SPECIAL PROVISIONS. 1. POST-EFFECTIVE DATE GRADUATES. A PERSON
SHALL QUALIFY FOR A LICENSE TO PRACTICE THE PROFESSION OF NATUROPATHIC
MEDICINE WITHOUT RESIDENCY EXPERIENCE, PROVIDED THAT WITHIN TEN YEARS OF
THE EFFECTIVE DATE OF THIS ARTICLE, THE PERSON MEETS THE FOLLOWING
REQUIREMENTS:
A. AS PER SECTION SIXTY-EIGHT HUNDRED FIFTY-FIVE OF THIS ARTICLE,
FILES AN APPLICATION, MEETS THE EDUCATION, EXAMINATION, AGE AND CHARAC-
TER REQUIREMENTS, AND PAYS THE APPROPRIATE FEES; AND
B. ESTABLISHES PROOF OF PRACTICE BY :(I) PROVIDING SATISFACTORY
EVIDENCE OF PRACTICE OF NATUROPATHIC MEDICINE TO THE DEPARTMENT OF NOT
LESS THAN THREE YEARS DURING THE FIVE YEARS PRECEDING THE FILING OF THE
APPLICATION; OR (II) PRACTICING UNDER A LIMITED PERMIT IN THE STATE FOR
AT LEAST TWO OF THE THREE YEARS PRECEDING THE FILING OF THE APPLICATION.
2. PRE-NINETEEN HUNDRED EIGHTY-EIGHT GRADUATES. A PERSON SHALL QUALIFY
FOR A LICENSE TO PRACTICE THE PROFESSION OF NATUROPATHIC MEDICINE WITH-
OUT RESIDENCY EXPERIENCE OR EXAMINATION, PROVIDED THAT WITHIN TEN YEARS
OF THE EFFECTIVE DATE OF THIS ARTICLE, THE PERSON MEETS THE FOLLOWING
REQUIREMENTS:
A. AS PER SECTION SIXTY-EIGHT HUNDRED FIFTY-FIVE OF THIS ARTICLE,
FILES AN APPLICATION, MEETS THE AGE AND CHARACTER REQUIREMENTS, AND PAYS
THE APPROPRIATE FEES; AND
B. HAS GRADUATED PRIOR TO JANUARY FIRST, NINETEEN HUNDRED EIGHTY-EIGHT
FROM A DOCTORAL DEGREE PROGRAM OF NATUROPATHIC MEDICAL EDUCATION FROM
JOHN BASTYR COLLEGE OF NATUROPATHIC MEDICINE, LATER RENAMED BASTYR
UNIVERSITY, OR NATIONAL COLLEGE OF NATUROPATHIC MEDICINE, LATER RENAMED
NATIONAL UNIVERSITY OF NATURAL MEDICINE; AND
C. ESTABLISHES PROOF OF PRACTICE BY: (I) PROVIDING SATISFACTORY
EVIDENCE OF PRACTICE OF NATUROPATHIC MEDICINE TO THE DEPARTMENT OF NOT
LESS THAN THREE YEARS DURING THE FIVE YEARS PRECEDING THE FILING OF THE
APPLICATION; OR (II) PRACTICING UNDER A LIMITED PERMIT IN THE STATE FOR
AT LEAST TWO OF THE THREE YEARS PRECEDING THE FILING OF THE APPLICATION.
3. POST-NINETEEN HUNDRED EIGHTY-SEVEN PRE-EFFECTIVE DATE GRADUATES. A
PERSON SHALL QUALIFY FOR A LICENSE TO PRACTICE THE PROFESSION OF NATURO-
PATHIC MEDICINE WITH OR WITHOUT RESIDENCY EXPERIENCE, PROVIDED THAT
WITHIN TEN YEARS OF THE EFFECTIVE DATE OF THIS ARTICLE, THE PERSON MEETS
THE FOLLOWING REQUIREMENTS:
A. AS PER SECTION SIXTY-EIGHT HUNDRED FIFTY-FIVE OF THIS ARTICLE,
FILES AN APPLICATION, MEETS THE AGE AND CHARACTER REQUIREMENTS, AND PAYS
THE APPROPRIATE FEES; AND
B. HAVE GRADUATED FROM A DOCTORAL DEGREE PROGRAM OF NATUROPATHIC
MEDICAL EDUCATION THAT AT THE TIME OF GRADUATION WAS ACCREDITED BY THE
COUNCIL ON NATUROPATHIC MEDICAL EDUCATION; AND
C. ESTABLISH PROOF OF PRACTICE BY: (I) HAVING SUCCESSFULLY COMPLETED,
NO MORE THAN THREE YEARS PRIOR TO FILING THE APPLICATION, A POST-GRADU-
ATE RESIDENCY PROGRAM OF NATUROPATHIC MEDICINE OF AT LEAST TWELVE MONTHS
DURATION SPONSORED BY AN INSTITUTION APPROVED BY THE COUNCIL ON NATURO-
PATHIC MEDICAL EDUCATION TO SPONSOR RESIDENCY PROGRAMS; (II) PROVIDING
SATISFACTORY EVIDENCE OF PRACTICE OF NATUROPATHIC MEDICINE TO THE
DEPARTMENT OF NOT LESS THAN THREE YEARS DURING THE FIVE YEARS PRECEDING
THE FILING OF THE APPLICATION; OR (III) PRACTICING UNDER A LIMITED
PERMIT IN THE STATE FOR AT LEAST TWO OF THE THREE YEARS PRECEDING THE
FILING OF THE APPLICATION; AND
S. 8714 5
D. HAVE PASSED THE NATUROPATHIC PHYSICIANS LICENSING EXAMINATIONS
(NPLEX) ADMINISTERED BY THE NORTH AMERICAN BOARD OF NATUROPATHIC EXAMIN-
ERS.
4. THE "PRACTICE OF NATUROPATHIC MEDICINE" AS USED IN THIS SECTION
INCLUDES THE PRACTICE OF NATUROPATHY OR NATUROPATHIC MEDICINE IN A STATE
OR TERRITORY OF THE UNITED STATES, INCLUDING NEW YORK STATE, OR A CANA-
DIAN PROVINCE, WHILE MAINTAINING A PROFESSIONAL LICENSE IN NATUROPATHY
OR NATUROPATHIC MEDICINE ISSUED BY THE SAME OR ANOTHER STATE OR TERRITO-
RY OR A CANADIAN PROVINCE; AND INCLUDES PRACTICE PERFORMED BEFORE AND
AFTER THE EFFECTIVE DATE OF THIS ARTICLE.
§ 6857. EXEMPT PERSONS AND EXEMPTIONS. NOTHING CONTAINED IN THIS ARTI-
CLE SHALL BE CONSTRUED TO AFFECT OR PREVENT THE FOLLOWING:
1. THE PRACTICE, CONDUCT, ACTIVITIES OR SERVICES OF ANY PERSON
LICENSED UNDER THIS TITLE PERFORMED INCIDENTAL TO THE PRACTICE OF THE
PERSON'S PROFESSION, PROVIDED, HOWEVER, THAT NO SUCH PERSON MAY USE THE
TITLE NATUROPATHIC DOCTOR NOR USE THE WORDS "NATUROPATHIC MEDICINE" TO
DESCRIBE SUCH PERSON'S SERVICES, UNLESS LICENSED UNDER THIS ARTICLE.
2. A STUDENT, INTERN OR RESIDENT FROM ENGAGING IN THE PRACTICE OF
NATUROPATHIC MEDICINE WHILE PARTICIPATING IN THE EDUCATION OR EXPERIENCE
REQUIREMENTS DEFINED IN SUBDIVISIONS TWO AND THREE OF SECTION SIXTY-
EIGHT HUNDRED FIFTY-FIVE OF THIS ARTICLE.
3. THE PRACTICE OF NATUROPATHIC MEDICINE BY A SALARIED EMPLOYEE OF THE
GOVERNMENT OF THE UNITED STATES WHILE THE INDIVIDUAL IS ENGAGED IN THE
PERFORMANCE OF DUTIES PRESCRIBED BY THE LAWS AND REGULATIONS OF THE
UNITED STATES.
4. THE DOMESTIC CARE OF THE SICK, DISABLED OR INJURED BY ANY FAMILY
MEMBER, HOUSEHOLD MEMBER OR FRIEND, OR PERSON EMPLOYED PRIMARILY IN A
DOMESTIC CAPACITY WHO DOES NOT HOLD THEMSELVES OUT, OR ACCEPT EMPLOYMENT
AS A PERSON LICENSED TO PRACTICE NATUROPATHIC MEDICINE UNDER THE
PROVISIONS OF THIS ARTICLE.
5. THE CARE OF THE SICK WHEN DONE IN CONNECTION WITH THE PRACTICE OF
THE RELIGIOUS TENETS OF ANY CHURCH.
6. THE MARKETING, SALE OR USE OF SUBSTANCES OR DEVICES GOVERNED BY THE
FEDERAL FOOD, DRUG, AND COSMETIC ACT THAT DO NOT REQUIRE A PRESCRIPTION
FROM A QUALIFIED HEALTHCARE PROVIDER.
7. THE CONDUCT, ACTIVITIES, OR SERVICES OF INDIVIDUALS, CHURCHES,
SCHOOLS, TEACHERS, ORGANIZATIONS, OR NOT-FOR-PROFIT BUSINESSES IN
PROVIDING INSTRUCTION, ADVICE, SUPPORT, ENCOURAGEMENT, OR INFORMATION TO
INDIVIDUALS, FAMILIES, AND RELATIONAL GROUPS.
8. A PERSON WHO DOES NOT HOLD THEMSELF OUT TO BE A LICENSED NATURO-
PATHIC DOCTOR FROM PROVIDING GENERAL NON-MEDICAL APPLICATIONS OF AIR,
LIGHT, WATER, FOOD AND HERBS TO THE BODY.
§ 6858. LIMITED RESIDENCY PERMITS. 1. ELIGIBILITY: FOR ISSUANCE OF A
LIMITED RESIDENCY PERMIT, THE APPLICANT SHALL FULFILL THE FOLLOWING
REQUIREMENTS:
A. APPLICATION: FILE AN APPLICATION WITH THE DEPARTMENT FOR A LIMITED
RESIDENCY PERMIT;
B. EDUCATION: HAVE RECEIVED AN EDUCATION, INCLUDING A DOCTORAL DEGREE
IN NATUROPATHIC MEDICINE, GRANTED ON THE BASIS OF COMPLETION OF A
PROGRAM OF NATUROPATHIC MEDICINE REGISTERED WITH THE DEPARTMENT OR THE
SUBSTANTIAL EQUIVALENT THEREOF;
C. ACCEPTANCE: HAVE BEEN ACCEPTED INTO A POST-GRADUATE RESIDENCY
PROGRAM OF NATUROPATHIC MEDICINE APPROVED BY THE DEPARTMENT;
D. CHARACTER: BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE DEPART-
MENT; AND
E. AGE: BE AT LEAST TWENTY-ONE YEARS OF AGE.
S. 8714 6
2. LIMITS OF PRACTICE: ALL PRACTICES UNDER A LIMITED RESIDENCY PERMIT
SHALL BE LIMITED TO FACILITIES ENCOMPASSED BY THE POST-GRADUATE RESIDEN-
CY PROGRAM OF THE PERMIT HOLDER, SUCH AS A HOSPITAL, AN INCORPORATED
HOSPITAL OR CLINIC, A LICENSED PROPRIETARY HOSPITAL, A LICENSED NURSING
HOME, A PUBLIC HEALTH AGENCY, A RECOGNIZED PUBLIC OR NON-PUBLIC SCHOOL
SETTING, THE OFFICE OF A LICENSED NATUROPATHIC DOCTOR, THE OFFICE OF A
LICENSED PHYSICIAN, OR IN THE CIVIL SERVICE OF THE STATE OR POLITICAL
SUBDIVISION THEREOF. PRACTICE SUPERVISION OF A PERMIT HOLDER'S PRACTICE
ACTIVITIES SHALL BE DIRECT SUPERVISION BY A LICENSED NATUROPATHIC DOCTOR
OR A LICENSED PHYSICIAN WHO IS PROFESSIONALLY RESPONSIBLE FOR THE
PERFORMANCE OF THE PROCEDURE, AND IS CAPABLE OF RESPONDING TO A REQUEST
FOR ASSISTANCE WITHIN A TIMEFRAME THAT POSES NO RISK TO THE PATIENT.
3. DURATION: A LIMITED RESIDENCY PERMIT SHALL BE VALID FOR ONE YEAR
AND MAY BE RENEWED AT THE DISCRETION OF THE DEPARTMENT FOR UP TO TWO
YEARS AT THE DISCRETION OF THE DEPARTMENT.
4. FEE: THE FEE FOR EACH LIMITED RESIDENCY PERMIT SHALL BE ONE HUNDRED
DOLLARS. THE FEE FOR EACH RENEWAL SHALL BE FIFTY DOLLARS.
§ 6859. LIMITED PERMITS. 1. ELIGIBILITY: A LIMITED PERMIT IS ISSUED
FOR THE PURPOSE OF PERMITTING AN APPLICANT TO ESTABLISH PROOF OF PRAC-
TICE FOR PURPOSES OF MEETING THE REQUIREMENTS FOR LICENSURE UNDER THE
SPECIAL PROVISIONS OF SECTION SIXTY-EIGHT HUNDRED FIFTY-EIGHT OF THIS
ARTICLE. FOR ISSUANCE OF A LIMITED PERMIT, THE APPLICANT SHALL FULFILL
THE FOLLOWING REQUIREMENTS:
A. APPLICATION: FILE AN APPLICATION WITH THE DEPARTMENT FOR A LIMITED
PERMIT WITHIN NINE YEARS OF THE EFFECTIVE DATE OF THIS ARTICLE;
B. CHARACTER: BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE DEPART-
MENT;
C. AGE: BE AT LEAST TWENTY-ONE YEARS OF AGE; AND
D. SPECIAL PROVISION APPLICABILITY:
(I) MEET THE EDUCATION AND EXAMINATION REQUIREMENTS OF SECTION SIXTY-
EIGHT HUNDRED FIFTY-FIVE OF THIS ARTICLE;
(II) HAVE GRADUATED PRIOR TO JANUARY FIRST, NINETEEN HUNDRED EIGHTY-
EIGHT FROM A DOCTORAL DEGREE PROGRAM OF NATUROPATHIC MEDICAL EDUCATION
FROM JOHN BASTYR COLLEGE OF NATUROPATHIC MEDICINE, LATER RENAMED BASTYR
UNIVERSITY, OR NATIONAL COLLEGE OF NATUROPATHIC MEDICINE, LATER RENAMED
NATIONAL UNIVERSITY OF NATURAL MEDICINE; OR
(III) HAVE GRADUATED FROM A DOCTORAL DEGREE PROGRAM OF NATUROPATHIC
MEDICAL EDUCATION THAT AT THE TIME OF GRADUATION WAS ACCREDITED BY THE
COUNCIL ON NATUROPATHIC MEDICAL EDUCATION, AND HAVE PASSED THE NATURO-
PATHIC PHYSICIANS LICENSING EXAMINATIONS (NPLEX) ADMINISTERED BY THE
NORTH AMERICAN BOARD OF NATUROPATHIC EXAMINERS.
2. LIMIT OF PRACTICE: SUCH LIMITED PERMIT SHALL AUTHORIZE THE PRACTICE
OF NATUROPATHIC MEDICINE ONLY UNDER THE SUPERVISION OF A LICENSED NATU-
ROPATHIC DOCTOR OR A LICENSED PHYSICIAN. SUPERVISION OF THE LIMITED
PERMIT HOLDER'S PRACTICE ACTIVITIES SHALL BE ON-SITE SUPERVISION BY A
LICENSED NATUROPATHIC DOCTOR OR A LICENSED PHYSICIAN.
3. DURATION: A LIMITED PERMIT SHALL BE VALID FOR A PERIOD OF TWO
YEARS, AND MAY BE RENEWED PERIODICALLY AT THE DISCRETION OF THE DEPART-
MENT FOR ONE YEAR PERIODS.
4. FEE: THE FEE FOR EACH LIMITED PERMIT SHALL BE TWO HUNDRED DOLLARS.
THE FEE FOR EACH RENEWAL SHALL BE ONE HUNDRED DOLLARS.
§ 6860. MANDATORY CONTINUING EDUCATION. 1. A. EACH NATUROPATHIC DOCTOR
LICENSED PURSUANT TO THIS ARTICLE, REQUIRED TO REGISTER TRIENNIALLY WITH
THE DEPARTMENT TO PRACTICE IN THIS STATE SHALL COMPLY WITH THE
PROVISIONS OF THE MANDATORY CONTINUING EDUCATION REQUIREMENTS PRESCRIBED
IN SUBDIVISION TWO OF THIS SECTION, EXCEPT AS PROVIDED IN PARAGRAPHS B
S. 8714 7
AND C OF THIS SUBDIVISION. NATUROPATHIC DOCTORS WHO DO NOT SATISFY THE
MANDATORY CONTINUING EDUCATION REQUIREMENTS SHALL NOT PRACTICE UNTIL
THEY HAVE MET SUCH REQUIREMENTS, AND THEY HAVE BEEN ISSUED A REGISTRA-
TION CERTIFICATE, EXCEPT THAT A NATUROPATHIC DOCTOR MAY PRACTICE WITHOUT
HAVING MET SUCH REQUIREMENTS IF SUCH DOCTOR IS ISSUED A CONDITIONAL
REGISTRATION PURSUANT TO SUBDIVISION THREE OF THIS SECTION.
B. NATUROPATHIC DOCTORS SHALL BE EXEMPT FROM THE MANDATORY CONTINUING
EDUCATION REQUIREMENT FOR THE TRIENNIAL REGISTRATION PERIOD DURING WHICH
THEY ARE FIRST LICENSED. IN ACCORD WITH THE INTENT OF THIS SECTION,
ADJUSTMENTS TO THE MANDATORY CONTINUING EDUCATION REQUIREMENTS MAY BE
GRANTED BY THE DEPARTMENT FOR REASONS OF HEALTH CERTIFIED BY AN APPRO-
PRIATE HEALTH CARE PROFESSIONAL, FOR EXTENDED ACTIVE DUTY WITH THE ARMED
FORCES OF THE UNITED STATES, OR FOR OTHER GOOD CAUSE ACCEPTABLE TO THE
DEPARTMENT, WHICH MAY PREVENT COMPLIANCE.
C. A LICENSED NATUROPATHIC DOCTOR NOT ENGAGED IN PROFESSIONAL PRAC-
TICE, AS DETERMINED BY THE DEPARTMENT, SHALL BE EXEMPT FROM THE MANDATO-
RY CONTINUING EDUCATION REQUIREMENT UPON THE FILING OF A STATEMENT WITH
THE DEPARTMENT DECLARING SUCH STATUS. ANY LICENSEE WHO RETURNS TO THE
PRACTICE OF NATUROPATHIC MEDICINE DURING THE TRIENNIAL REGISTRATION
PERIOD SHALL NOTIFY THE DEPARTMENT PRIOR TO REENTERING THE PROFESSION
AND SHALL MEET SUCH MANDATORY EDUCATION REQUIREMENTS AS SHALL BE
PRESCRIBED BY REGULATIONS OF THE COMMISSIONER.
2. DURING EACH TRIENNIAL REGISTRATION PERIOD AN APPLICANT FOR REGIS-
TRATION SHALL COMPLETE SIXTY HOURS OF ACCEPTABLE FORMAL CONTINUING
EDUCATION. ANY LICENSED NATUROPATHIC DOCTOR WHOSE FIRST REGISTRATION
DATE FOLLOWING THE EFFECTIVE DATE OF THIS SECTION OCCURS LESS THAN THREE
YEARS FROM SUCH EFFECTIVE DATE, SHALL COMPLETE CONTINUING EDUCATION
HOURS ON A PRORATED BASIS AT THE RATE OF ONE AND ONE-HALF HOURS PER
MONTH FOR THE NUMBER OF MONTHS BETWEEN THE EFFECTIVE DATE AND THE FIRST
REGISTRATION DATE. THEREAFTER, A LICENSEE WHO HAS NOT SATISFIED THE
MANDATORY CONTINUING EDUCATION REQUIREMENTS SHALL NOT BE ISSUED A TRIEN-
NIAL REGISTRATION CERTIFICATE BY THE DEPARTMENT AND SHALL NOT PRACTICE
UNLESS AND UNTIL A CONDITIONAL REGISTRATION CERTIFICATE IS ISSUED AS
PROVIDED IN SUBDIVISION THREE OF THIS SECTION. CONTINUING EDUCATION
HOURS TAKEN DURING ONE TRIENNIUM MAY NOT BE CARRIED OVER OR OTHERWISE
CREDITED OR TRANSFERRED TO A SUBSEQUENT TRIENNIUM.
3. THE DEPARTMENT, IN ITS DISCRETION, MAY ISSUE A CONDITIONAL REGIS-
TRATION TO A LICENSEE WHO FAILS TO MEET THE CONTINUING EDUCATION
REQUIREMENTS ESTABLISHED IN SUBDIVISION TWO OF THIS SECTION BUT WHO
AGREES TO MAKE UP ANY DEFICIENCIES AND TAKE ANY ADDITIONAL EDUCATION
WHICH THE DEPARTMENT MAY REQUIRE. THE FEE FOR SUCH A CONDITIONAL REGIS-
TRATION SHALL BE THE SAME AS, AND IN ADDITION TO, THE FEE FOR THE TRIEN-
NIAL REGISTRATION. THE DURATION OF SUCH CONDITIONAL REGISTRATION SHALL
BE DETERMINED BY THE DEPARTMENT BUT SHALL NOT EXCEED ONE YEAR. ANY
LICENSEE WHO IS NOTIFIED OF THE DENIAL OF REGISTRATION FOR FAILURE TO
COMPLETE THE REQUIRED CONTINUED EDUCATION AND WHO CONTINUES TO PRACTICE
NATUROPATHIC MEDICINE WITHOUT SUCH REGISTRATION, SHALL BE SUBJECT TO
DISCIPLINARY PROCEEDINGS PURSUANT TO SECTION SIXTY-FIVE HUNDRED TEN OF
THIS TITLE.
4. THE MANDATORY CONTINUING EDUCATION FEE SHALL BE FORTY-FIVE DOLLARS.
SUCH FEE SHALL BE PAYABLE ON OR BEFORE THE FIRST DAY OF EACH TRIENNIAL
REGISTRATION PERIOD IN ADDITION TO THE TRIENNIAL REGISTRATION FEE
REQUIRED BY SECTION SIXTY-EIGHT HUNDRED FIFTY-FIVE OF THIS ARTICLE.
§ 2. Subdivision (a) of section 1203 of the limited liability company
law, as amended by chapter 475 of the laws of 2014, is amended to read
as follows:
S. 8714 8
(a) Notwithstanding the education law or any other provision of law,
one or more professionals each of whom is authorized by law to render a
professional service within the state, or one or more professionals, at
least one of whom is authorized by law to render a professional service
within the state, may form, or cause to be formed, a professional
service limited liability company for pecuniary profit under this arti-
cle for the purpose of rendering the professional service or services as
such professionals are authorized to practice. With respect to a
professional service limited liability company formed to provide medical
services as such services are defined in article 131 of the education
law, each member of such limited liability company must be licensed
pursuant to article 131 of the education law to practice medicine in
this state. WITH RESPECT TO A PROFESSIONAL SERVICE LIMITED LIABILITY
COMPANY FORMED TO PROVIDE NATUROPATHIC SERVICES AS SUCH SERVICES ARE
DEFINED IN ARTICLE 138 OF THE EDUCATION LAW, EACH MEMBER OF SUCH LIMITED
LIABILITY COMPANY MUST BE LICENSED PURSUANT TO ARTICLE 138 OF THE EDUCA-
TION LAW TO PRACTICE NATUROPATHY IN THIS STATE. With respect to a
professional service limited liability company formed to provide dental
services as such services are defined in article 133 of the education
law, each member of such limited liability company must be licensed
pursuant to article 133 of the education law to practice dentistry in
this state. With respect to a professional service limited liability
company formed to provide veterinary services as such services are
defined in article 135 of the education law, each member of such limited
liability company must be licensed pursuant to article 135 of the educa-
tion law to practice veterinary medicine in this state. With respect to
a professional service limited liability company formed to provide
professional engineering, land surveying, architectural, landscape
architectural and/or geological services as such services are defined in
article 145, article 147 and article 148 of the education law, each
member of such limited liability company must be licensed pursuant to
article 145, article 147 and/or article 148 of the education law to
practice one or more of such professions in this state. With respect to
a professional service limited liability company formed to provide
licensed clinical social work services as such services are defined in
article 154 of the education law, each member of such limited liability
company shall be licensed pursuant to article 154 of the education law
to practice licensed clinical social work in this state. With respect to
a professional service limited liability company formed to provide crea-
tive arts therapy services as such services are defined in article 163
of the education law, each member of such limited liability company must
be licensed pursuant to article 163 of the education law to practice
creative arts therapy in this state. With respect to a professional
service limited liability company formed to provide marriage and family
therapy services as such services are defined in article 163 of the
education law, each member of such limited liability company must be
licensed pursuant to article 163 of the education law to practice
marriage and family therapy in this state. With respect to a profes-
sional service limited liability company formed to provide mental health
counseling services as such services are defined in article 163 of the
education law, each member of such limited liability company must be
licensed pursuant to article 163 of the education law to practice mental
health counseling in this state. With respect to a professional service
limited liability company formed to provide psychoanalysis services as
such services are defined in article 163 of the education law, each
member of such limited liability company must be licensed pursuant to
S. 8714 9
article 163 of the education law to practice psychoanalysis in this
state. With respect to a professional service limited liability company
formed to provide applied behavior analysis services as such services
are defined in article 167 of the education law, each member of such
limited liability company must be licensed or certified pursuant to
article 167 of the education law to practice applied behavior analysis
in this state. In addition to engaging in such profession or
professions, a professional service limited liability company may engage
in any other business or activities as to which a limited liability
company may be formed under section two hundred one of this chapter.
Notwithstanding any other provision of this section, a professional
service limited liability company (i) authorized to practice law may
only engage in another profession or business or activities or (ii)
which is engaged in a profession or other business or activities other
than law may only engage in the practice of law, to the extent not
prohibited by any other law of this state or any rule adopted by the
appropriate appellate division of the supreme court or the court of
appeals.
§ 3. Subdivision (b) of section 1207 of the limited liability company
law, as amended by chapter 701 of the laws of 2023, is amended to read
as follows:
(b) With respect to a professional service limited liability company
formed to provide medical services as such services are defined in arti-
cle 131 of the education law, each member of such limited liability
company must be licensed pursuant to article 131 of the education law to
practice medicine in this state. WITH RESPECT TO A PROFESSIONAL SERVICE
LIMITED LIABILITY COMPANY FORMED TO PROVIDE NATUROPATHIC SERVICES AS
SUCH SERVICES ARE DEFINED IN ARTICLE 138 OF THE EDUCATION LAW, EACH
MEMBER OF SUCH LIMITED LIABILITY COMPANY MUST BE LICENSED PURSUANT TO
ARTICLE 138 OF THE EDUCATION LAW TO PRACTICE NATUROPATHY IN THIS STATE.
With respect to a professional service limited liability company formed
to provide dental services as such services are defined in article 133
of the education law, each member of such limited liability company must
be licensed pursuant to article 133 of the education law to practice
dentistry in this state. With respect to a professional service limited
liability company formed to provide veterinary services as such services
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 public accountancy services as such services are defined in
article 149 of the education law each member of such limited liability
company whose principal place of business is in this state and who
provides public accountancy services, must be licensed pursuant to arti-
cle 149 of the education law to practice public accountancy in this
state. With respect to a professional service limited liability company
formed to provide licensed clinical social work services as such
services are defined in article 154 of the education law, each member of
such limited liability company shall be licensed pursuant to article 154
S. 8714 10
of the education law to practice licensed clinical social work in this
state. With respect to a professional service limited liability company
formed to provide creative arts therapy services as such services are
defined in article 163 of the education law, each member of such limited
liability company must be licensed pursuant to article 163 of the educa-
tion law to practice creative arts therapy in this state. With respect
to a professional service limited liability company formed to provide
marriage and family therapy services as such services are defined in
article 163 of the education law, each member of such limited liability
company must be licensed pursuant to article 163 of the education law to
practice marriage and family therapy in this state. With respect to a
professional service limited liability company formed to provide mental
health counseling services as such services are defined in article 163
of the education law, each member of such limited liability company must
be licensed pursuant to article 163 of the education law to practice
mental health counseling in this state. With respect to a professional
service limited liability company formed to provide psychoanalysis
services as such services are defined in article 163 of the education
law, each member of such limited liability company must be licensed
pursuant to article 163 of the education law to practice psychoanalysis
in this state. With respect to a professional service limited liability
company formed to provide applied behavior analysis services as such
services are defined in article 167 of the education law, each member of
such limited liability company must be licensed or certified pursuant to
article 167 of the education law to practice applied behavior analysis
in this state. A professional service limited liability company formed
to lawfully engage in the practice of public accountancy as a firm, as
such practice is defined under article 149 of the education law shall be
required to show (1) that a simple majority of the ownership of the
firm, in terms of financial interests and voting rights held by the
firm's owners, belongs to individuals licensed to practice public
accountancy in some state, and (2) that all members of a limited profes-
sional service limited liability company, whose principal place of busi-
ness is in this state, and who are engaged in the practice of public
accountancy in this state, hold a valid license issued under section
seventy-four hundred four of the education law. For purposes of this
subdivision, "financial interest" means capital stock, capital accounts,
capital contributions, capital interest, or interest in undistributed
earnings of a business entity. Although firms registered with the educa-
tion department may include non-licensee owners, a registered firm and
its owners must comply with rules promulgated by the state board of
regents. Notwithstanding the foregoing, a firm registered with the
education department may not have non-licensee owners if the firm's name
includes the words "certified public accountant," or "certified public
accountants," or the abbreviations "CPA" or "CPAs". Each non-licensee
owner of a firm that is registered under this section shall be (1) a
natural person who actively participates in the business of the firm or
its affiliated entities, or (2) an entity, including, but not limited
to, a partnership or professional corporation, provided each beneficial
owner of an equity interest in such entity is a natural person who
actively participates in the business conducted by the firm or its
affiliated entities. For purposes of this subdivision, "actively partic-
ipate" means to provide services to clients or to otherwise individually
take part in the day-to-day business or management of the firm or an
affiliated entity.
S. 8714 11
§ 4. Subdivision (a) of section 1301 of the limited liability company
law, as amended by chapter 701 of the laws of 2023, is amended to read
as follows:
(a) "Foreign professional service limited liability company" means a
professional service limited liability company, whether or not denomi-
nated as such, organized under the laws of a jurisdiction other than
this state, (i) each of whose members and managers, if any, is a profes-
sional authorized by law to render a professional service within this
state and who is or has been engaged in the practice of such profession
in such professional service limited liability company or a predecessor
entity, or will engage in the practice of such profession in the profes-
sional service limited liability company within thirty days of the date
such professional becomes a member, or each of whose members and manag-
ers, if any, is a professional at least one of such members is author-
ized by law to render a professional service within this state and who
is or has been engaged in the practice of such profession in such
professional service limited liability company or a predecessor entity,
or will engage in the practice of such profession in the professional
service limited liability company within thirty days of the date such
professional becomes a member, or (ii) authorized by, or holding a
license, certificate, registration or permit issued by the licensing
authority pursuant to, the education law to render a professional
service within this state; except that all members and managers, if any,
of a foreign professional service limited liability company that
provides health services in this state shall be licensed in this state.
With respect to a foreign professional service limited liability company
which provides veterinary services as such services are defined in arti-
cle 135 of the education law, each member of such foreign professional
service limited liability company shall be licensed pursuant to article
135 of the education law to practice veterinary medicine. WITH RESPECT
TO A PROFESSIONAL SERVICE LIMITED LIABILITY COMPANY FORMED TO PROVIDE
NATUROPATHIC SERVICES AS SUCH SERVICES ARE DEFINED IN ARTICLE 138 OF THE
EDUCATION LAW, EACH MEMBER OF SUCH LIMITED LIABILITY COMPANY MUST BE
LICENSED PURSUANT TO ARTICLE 138 OF THE EDUCATION LAW TO PRACTICE NATU-
ROPATHY IN THIS STATE. With respect to a foreign professional service
limited liability company which provides medical services as such
services are defined in article 131 of the education law, each member of
such foreign professional service limited liability company must be
licensed pursuant to article 131 of the education law to practice medi-
cine in this state. With respect to a foreign professional service
limited liability company which provides dental services as such
services are defined in article 133 of the education law, each member of
such foreign professional service limited liability company must be
licensed pursuant to article 133 of the education law to practice
dentistry in this state. With respect to a foreign professional service
limited liability company which provides professional engineering, land
surveying, geologic, architectural and/or landscape architectural
services as such services are defined in article 145, article 147 and
article 148 of the education law, each member of such foreign profes-
sional service limited liability company must be licensed pursuant to
article 145, article 147 and/or article 148 of the education law to
practice one or more of such professions in this state. With respect to
a foreign professional service limited liability company which provides
public accountancy services as such services are defined in article 149
of the education law, each member of such foreign professional service
limited liability company whose principal place of business is in this
S. 8714 12
state and who provides public accountancy services, shall be licensed
pursuant to article 149 of the education law to practice public accoun-
tancy in this state. With respect to a foreign professional service
limited liability company which provides licensed clinical social work
services as such services are defined in article 154 of the education
law, each member of such foreign professional service limited liability
company shall be licensed pursuant to article 154 of the education law
to practice clinical social work in this state. With respect to a
foreign professional service limited liability company which provides
creative arts therapy services as such services are defined in article
163 of the education law, each member of such foreign professional
service limited liability company must be licensed pursuant to article
163 of the education law to 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, each member of
such foreign professional service limited liability company must be
licensed pursuant to article 163 of the education law to practice
marriage and family therapy in this state. With respect to a foreign
professional service limited liability company which provides mental
health counseling services as such services are defined in article 163
of the education law, each member of such foreign professional service
limited liability company must be licensed pursuant to article 163 of
the education law to practice mental health counseling in this state.
With respect to a foreign professional service limited liability company
which provides psychoanalysis services as such services are defined in
article 163 of the education law, each member of such foreign profes-
sional service limited liability company must be licensed pursuant to
article 163 of the education law to practice psychoanalysis in this
state. With respect to a foreign professional service limited liability
company which provides applied behavior analysis services as such
services are defined in article 167 of the education law, each member of
such foreign professional service limited liability company must be
licensed or certified pursuant to article 167 of the education law to
practice applied behavior analysis in this state. A foreign professional
service limited liability company formed to lawfully engage in the prac-
tice of public accountancy as a firm, as such practice is defined under
article 149 of the education law shall be required to show (1) that a
simple majority of the ownership of the firm, in terms of financial
interests and voting rights held by the firm's owners, belongs to indi-
viduals licensed to practice public accountancy in some state, and (2)
that all members of a foreign limited professional service limited
liability company, whose principal place of business is in this state,
and who are engaged in the practice of public accountancy in this state,
hold a valid license issued under section seventy-four hundred four of
the education law. For purposes of this subdivision, "financial inter-
est" means capital stock, capital accounts, capital contributions, capi-
tal interest, or interest in undistributed earnings of a business enti-
ty. Although firms registered with the education department may include
non-licensee owners, a registered firm and its owners must comply with
rules promulgated by the state board of regents. Notwithstanding the
foregoing, a firm registered with the education department may not have
non-licensee owners if the firm's name includes the words "certified
public accountant," or "certified public accountants," or the abbrevi-
ations "CPA" or "CPAs". Each non-licensee owner of a firm that is regis-
tered under this section shall be (1) a natural person who actively
S. 8714 13
participates in the business of the firm or its affiliated entities, or
(2) an entity, including, but not limited to, a partnership or profes-
sional corporation, provided each beneficial owner of an equity interest
in such entity is a natural person who actively participates in the
business conducted by the firm or its affiliated entities. For purposes
of this subdivision, "actively participate" means to provide services to
clients or to otherwise individually take part in the day-to-day busi-
ness or management of the firm or an affiliated entity.
§ 5. Subdivision (q) of section 121-1500 of the partnership law, as
amended by chapter 701 of the laws of 2023, is amended to read as
follows:
(q) Each partner of a registered limited liability partnership formed
to provide medical services in this state must be licensed pursuant to
article 131 of the education law to practice medicine in this state and
each partner of a registered limited liability partnership formed to
provide dental services in this state must be licensed pursuant to arti-
cle 133 of the education law to practice dentistry in this state. Each
partner of a registered limited liability partnership formed to provide
naturopathic services in this state must be licensed pursuant to article
138 of the education law to practice naturopathy in this state. EACH
PARTNER OF A REGISTERED LIMITED LIABILITY PARTNERSHIP FORMED TO PROVIDE
NATUROPATHIC SERVICES IN THIS STATE MUST BE LICENSED PURSUANT TO ARTICLE
138 OF THE EDUCATION LAW TO PRACTICE NATUROPATHY IN THIS STATE. Each
partner of a registered limited liability partnership formed to provide
veterinary services in this state must be licensed pursuant to article
135 of the education law to practice veterinary medicine in this state.
Each partner of a registered limited liability partnership formed to
provide public accountancy services as a firm, whose principal place of
business is in this state and who provides public accountancy services,
must be licensed pursuant to article 149 of the education law to prac-
tice public accountancy 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 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 to practice creative arts
therapy in this state. Each partner of a registered limited liability
partnership formed to provide marriage and family therapy services in
this state must be licensed pursuant to article 163 of the education law
to practice marriage and family therapy in this state. Each partner of a
registered limited liability partnership formed to provide mental health
counseling services in this state must be licensed pursuant to article
163 of the education law to practice mental health counseling in this
state. Each partner of a registered limited liability partnership formed
to provide psychoanalysis services in this state must be licensed pursu-
ant to article 163 of the education 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 to
practice applied behavior analysis in this state. A registered limited
S. 8714 14
liability partnership formed to lawfully engage in the practice of
public accountancy as a firm, as such practice is defined under article
149 of the education law, shall be required to show (1) that a simple
majority of the ownership of the firm, in terms of financial interests
and voting rights held by the firm's owners, belongs to individuals
licensed to practice public accountancy in some state, and (2) that all
partners of a limited liability partnership whose principal place of
business is in this state, and who are engaged in the practice of public
accountancy in this state, hold a valid license issued under section
seventy-four hundred four of the education law. For purposes of this
subdivision, "financial interest" means capital stock, capital accounts,
capital contributions, capital interest, or interest in undistributed
earnings of a business entity. Although firms registered with the educa-
tion department may include non-licensee owners, the firm and its owners
must comply with rules promulgated by the state board of regents.
Notwithstanding the foregoing, a firm registered with the education
department may not have non-licensee owners if the firm's name includes
the words "certified public accountant," or "certified public accounts,"
or the abbreviations "CPA" or "CPAs". Each non-licensee owner of a firm
that is formed under this section shall be (1) a natural person who
actively participates in the business of the firm or its affiliated
entities, or (2) an entity, including, but not limited to, a partnership
or professional corporation, provided each beneficial owner of an equity
interest in such entity is a natural person who actively participates in
the business conducted by the firm or its affiliated entities. For
purposes of this subdivision, "actively participate" means to provide
services to clients or to otherwise individually take part in the day-
to-day business or management of the firm or an affiliated entity.
§ 6. Subdivision (q) of section 121-1502 of the partnership law, as
amended by chapter 701 of the laws of 2023, is amended to read as
follows:
(q) Each partner of a foreign limited liability partnership which
provides medical services in this state must be licensed pursuant to
article 131 of the education law to practice medicine in the state and
each partner of a foreign limited liability partnership which provides
dental services in the state must be licensed pursuant to article 133 of
the education law to practice dentistry in this state. EACH PARTNER OF
A FOREIGN LIMITED LIABILITY PARTNERSHIP WHICH PROVIDES NATUROPATHIC
SERVICES IN THIS STATE MUST BE LICENSED PURSUANT TO ARTICLE 138 OF THE
EDUCATION LAW TO PRACTICE NATUROPATHY IN THIS STATE. Each partner of a
foreign limited liability partnership which provides veterinary service
in the state shall be licensed pursuant to article 135 of the education
law to practice veterinary medicine in this state. Each partner of a
foreign limited liability partnership which provides professional engi-
neering, land surveying, geological services, architectural and/or land-
scape architectural services in this state must be licensed pursuant to
article 145, article 147 and/or article 148 of the education law to
practice one or more of such professions. Each partner of a foreign
limited liability partnership formed to provide public accountancy
services as a firm, whose principal place of business is in this state
and who provides public accountancy services, must be licensed pursuant
to article 149 of the education law to practice public accountancy in
this state. Each partner of a foreign limited liability partnership
which provides licensed clinical social work services in this state must
be licensed pursuant to article 154 of the education law to practice
licensed clinical social work in this state. Each partner of a foreign
S. 8714 15
limited liability partnership which provides creative arts therapy
services in this state must be licensed pursuant to article 163 of the
education law to practice creative arts therapy in this state. Each
partner of a foreign limited liability partnership which provides
marriage and family therapy services in this state must be licensed
pursuant to article 163 of the education law to practice marriage and
family therapy in this state. Each partner of a foreign limited liabil-
ity partnership which provides mental health counseling services in this
state must be licensed pursuant to article 163 of the education law to
practice mental health counseling in this state. Each partner of a
foreign limited liability partnership which provides psychoanalysis
services in this state must be licensed pursuant to article 163 of the
education law to practice psychoanalysis in this state. Each partner of
a foreign limited liability partnership which provides applied behavior
analysis services in this state must be licensed or certified pursuant
to article 167 of the education law to practice applied behavior analy-
sis in this state. A foreign limited liability partnership formed to
lawfully engage in the practice of public accountancy as a firm, as such
practice is defined under article 149 of the education law, shall be
required to show (1) that a simple majority of the ownership of the
firm, in terms of financial interests and voting rights held by the
firm's owners, belongs to individuals licensed to practice public
accountancy in some state, and (2) that all partners of the foreign
limited liability partnership whose principal place of business is in
this state, and who are engaged in the practice of public accountancy in
this state, hold a valid license issued under section seventy-four
hundred four of the education law. For purposes of this subdivision,
"financial interest" means capital stock, capital accounts, capital
contributions, capital interest, or interest in undistributed earnings
of a business entity. Although firms registered with the education
department may include non-licensee owners, a registered firm and its
owners must comply with rules promulgated by the state board of regents.
Notwithstanding the foregoing, a firm registered with the education
department may not have non-licensee owners if the firm's name includes
the words "certified public accountant," or "certified public account-
ants," or the abbreviations "CPA" or "CPAs". Each non-licensee owner of
a firm that is formed under this section shall be (1) a natural person
who actively participates in the business of the firm or its affiliated
entities, or (2) an entity, including, but not limited to, a partnership
or professional corporation, provided that each beneficial owner of an
equity interest in such entity is a natural person who actively partic-
ipates in the business conducted by the firm or its affiliated entities.
For purposes of this subdivision, "actively participate" means to
provide services to clients or to otherwise individually take part in
the day-to-day business or management of the firm or an affiliated enti-
ty.
§ 7. Paragraph (a) of subdivision 1 of section 413 of the social
services law, as amended by section 7 of part C of chapter 57 of the
laws of 2018, is amended to read as follows:
(a) The following persons and officials are required to report or
cause a report to be made in accordance with this title when they have
reasonable cause to suspect that a child coming before them in their
professional or official capacity is an abused or maltreated child, or
when they have reasonable cause to suspect that a child is an abused or
maltreated child where the parent, guardian, custodian or other person
legally responsible for such child comes before them in their profes-
S. 8714 16
sional or official capacity and states from personal knowledge facts,
conditions or circumstances which, if correct, would render the child an
abused or maltreated child: any physician; registered physician assist-
ant; surgeon; medical examiner; coroner; dentist; dental hygienist;
osteopath; optometrist; chiropractor; podiatrist; NATUROPATHIC DOCTOR;
resident; intern; psychologist; registered nurse; social worker; emer-
gency medical technician; licensed creative arts therapist; licensed
marriage and family therapist; licensed mental health counselor;
licensed psychoanalyst; licensed behavior analyst; certified behavior
analyst assistant; hospital personnel engaged in the admission, examina-
tion, care or treatment of persons; a Christian Science practitioner;
school official, which includes but is not limited to school teacher,
school guidance counselor, school psychologist, school social worker,
school nurse, school administrator or other school personnel required to
hold a teaching or administrative license or certificate; full or part-
time compensated school employee required to hold a temporary coaching
license or professional coaching certificate; social services worker;
employee of a publicly-funded emergency shelter for families with chil-
dren; director of a children's overnight camp, summer day camp or trav-
eling summer day camp, as such camps are defined in section thirteen
hundred ninety-two of the public health law; day care center worker;
school-age child care worker; provider of family or group family day
care; employee or volunteer in a residential care facility for children
that is licensed, certified or operated by the office of children and
family services; or any other child care or foster care worker; mental
health professional; substance abuse counselor; alcoholism counselor;
all persons credentialed by the office of [alcoholism and substance
abuse] ADDICTION services AND SUPPORTS; employees, who are expected to
have regular and substantial contact with children, of a health home or
health home care management agency contracting with a health home as
designated by the department of health and authorized under section
three hundred sixty-five-l of this chapter or such employees who provide
home and community based services under a demonstration program pursuant
to section eleven hundred fifteen of the federal social security act who
are expected to have regular and substantial contact with children;
peace officer; police officer; district attorney or assistant district
attorney; investigator employed in the office of a district attorney; or
other law enforcement official.
§ 7-a. Paragraph (a) of subdivision 1 of section 413 of the social
services law, as amended by chapter 733 of the laws of 2023, is amended
to read as follows:
(a) The following persons and officials are required to report or
cause a report to be made in accordance with this title when they have
reasonable cause to suspect that a child coming before them in their
professional or official capacity is an abused or maltreated child, or
when they have reasonable cause to suspect that a child is an abused or
maltreated child where the parent, guardian, custodian or other person
legally responsible for such child comes before them in their profes-
sional or official capacity and states from personal knowledge facts,
conditions or circumstances which, if correct, would render the child an
abused or maltreated child: any physician; registered physician assist-
ant; surgeon; medical examiner; coroner; dentist; dental hygienist;
osteopath; optometrist; chiropractor; podiatrist; NATUROPATHIC DOCTOR;
resident; intern; athletic trainer; psychologist; registered nurse;
social worker; emergency medical technician; licensed creative arts
therapist; licensed marriage and family therapist; licensed mental
S. 8714 17
health counselor; licensed psychoanalyst; licensed behavior analyst;
certified behavior analyst assistant; hospital personnel engaged in the
admission, examination, care or treatment of persons; a Christian
Science practitioner; school official, which includes but is not limited
to school teacher, school guidance counselor, school psychologist,
school social worker, school nurse, school administrator or other school
personnel required to hold a teaching or administrative license or
certificate; full or part-time compensated school employee required to
hold a temporary coaching license or professional coaching certificate;
social services worker; employee of a publicly-funded emergency shelter
for families with children; director of a children's overnight camp,
summer day camp or traveling summer day camp, as such camps are defined
in section thirteen hundred ninety-two of the public health law; day
care center worker; school-age child care worker; provider of family or
group family day care; employee or volunteer in a residential care
facility for children that is licensed, certified or operated by the
office of children and family services; or any other child care or
foster care worker; mental health professional; substance abuse counse-
lor; alcoholism counselor; all persons credentialed by the office of
[alcoholism and substance abuse] ADDICTION services AND SUPPORTS;
employees, who are expected to have regular and substantial contact with
children, of a health home or health home care management agency
contracting with a health home as designated by the department of health
and authorized under section three hundred sixty-five-l of this chapter
or such employees who provide home and community based services under a
demonstration program pursuant to section eleven hundred fifteen of the
federal social security act who are expected to have regular and
substantial contact with children; peace officer; police officer;
district attorney or assistant district attorney; investigator employed
in the office of a district attorney; or other law enforcement official.
§ 8. Subdivision 6 of section 571 of the public health law, as amended
by 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, NATUROPATHIC DOCTOR, optometrist performing a clinical labo-
ratory test that does not use an invasive modality as defined in section
seventy-one hundred one of the education law, pharmacist administering
COVID-19 and influenza 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.
§ 8-a. Subdivision 6 of section 571 of the public health law, as
amended by chapter 444 of the laws of 2013, is amended to read as
follows:
6. "Qualified health care professional" means a physician, dentist,
podiatrist, NATUROPATHIC DOCTOR, optometrist performing a clinical labo-
ratory test that does not use an invasive modality as defined in section
seventy-one hundred one of the education law, physician assistant,
specialist assistant, nurse practitioner, or midwife, who is licensed
and registered with the state education department.
§ 9. Subdivision 1 of section 585 of the public health law, as added
by chapter 803 of the laws of 1992, is amended to read as follows:
1. "Health services purveyor" means any person, firm, partnership,
group, association, corporation or professional corporation, or any
agent, employee, fiduciary, employer or representative thereof, includ-
ing but not limited to a physician, dentist, podiatrist, NATUROPATHIC
S. 8714 18
DOCTOR or chiropractor, either in individual practice, group practice or
employed in a facility owned by any person, group, association, firm,
partnership or corporation hiring any of the aforementioned practition-
ers, who provide health or health related services.
§ 10. Subdivision 4 of section 7605 of the education law, as amended
by chapter 554 of the laws of 2013, is amended to read as follows:
4. The practice, conduct, activities, or services by any person
licensed or otherwise authorized to practice nursing as a registered
professional nurse or nurse practitioner within the state pursuant to
article one hundred thirty-nine of this title, OR BY ANY PERSON LICENSED
TO PRACTICE NATUROPATHIC MEDICINE WITHIN THE STATE PURSUANT TO ARTICLE
ONE HUNDRED THIRTY-EIGHT OF THIS TITLE or by any person licensed or
otherwise authorized to practice social work within the state pursuant
to article one hundred fifty-four of this title, or by any person
licensed or otherwise authorized to practice mental health counseling,
marriage and family therapy, creative arts therapy, or psychoanalysis
within the state pursuant to article one hundred sixty-three of this
title, or any person licensed or otherwise authorized to practice
applied behavior analysis within the state pursuant to article one
hundred sixty-seven of this title or any individual who is credentialed
under any law, including attorneys, rape crisis counselors, certified
alcoholism counselors, and certified substance abuse counselors from
providing mental health services within their respective established
authorities.
§ 11. Subdivision 1 of section 8410 of the education law, as amended
by chapter 554 of the laws of 2013, is amended to read as follows:
1. Apply to the practice, conduct, activities, services or use of any
title by any person licensed or otherwise authorized to practice medi-
cine within the state pursuant to article one hundred thirty-one of this
title or by any person registered to perform services as a physician
assistant within the state pursuant to article one hundred thirty-one-B
of this title or by any person licensed or otherwise authorized to prac-
tice psychology within this state pursuant to article one hundred
fifty-three of this title or by any person licensed or otherwise author-
ized to practice social work within this state pursuant to article one
hundred fifty-four of this title, OR BY ANY PERSON LICENSED OR OTHERWISE
AUTHORIZED TO PRACTICE NATUROPATHIC MEDICINE CARE WITHIN THIS STATE
PURSUANT TO ARTICLE ONE HUNDRED THIRTY-EIGHT OF THIS TITLE, or by any
person licensed or otherwise authorized to practice nursing as a regis-
tered professional nurse or nurse practitioner within this state pursu-
ant to article one hundred thirty-nine of this title or by any person
licensed or otherwise authorized to practice applied behavior analysis
within the state pursuant to article one hundred sixty-seven of this
title; provided, however, that no physician, physician's assistant,
NATUROPATHIC DOCTOR, registered professional nurse, nurse practitioner,
psychologist, licensed master social worker, licensed clinical social
worker, licensed behavior analyst or certified behavior analyst assist-
ant may use the titles "licensed mental health counselor", "licensed
marriage and family therapist", "licensed creative arts therapist", or
"licensed psychoanalyst", unless licensed under this article.
§ 12. Subdivision 1 of section 7805 of the education law, as amended
by chapter 230 of the laws of 1997, is amended to read as follows:
1. The practice of massage therapy by any person who is authorized to
practice medicine, nursing, osteopathy, NATUROPATHIC MEDICINE, physioth-
erapy, chiropractic, or podiatry in accordance with the provisions of
this title.
S. 8714 19
§ 13. Subdivision 1 of section 579 of the public health law, as
amended by chapter 376 of the laws of 2015, is amended to read as
follows:
1. This title is applicable to all clinical laboratories and blood
banks operating within the state, except clinical laboratories and blood
banks operated by the federal government and clinical laboratories oper-
ated by a licensed physician, osteopath, dentist, midwife, nurse practi-
tioner, NATUROPATHIC DOCTOR SOLELY AS AN ADJUNCT TO THE TREATMENT OF
SUCH PERSON'S OWN PATIENTS, optometrist performing a clinical laboratory
test that does not use an invasive modality as defined in section seven-
ty-one hundred one of the education law or podiatrist who performs labo-
ratory tests or procedures, personally or through [his or her] SUCH
PERSON'S employees, solely as an adjunct to the treatment of [his or
her] SUCH PERSON'S own patients; to the extent authorized by federal and
state law, including the education law.
§ 14. This act shall take effect on the five hundred fortieth day
after it shall have become a law; provided, however, that the amendments
to paragraph (a) of subdivision 1 of section 413 of the social services
law made by section seven-a of this act shall take effect on the later
of the effective date of this act or the date section 12 of chapter 733
of the laws of 2023 takes effect; and provided further, that the amend-
ments to subdivision 6 of section 571 of the public health law made by
section eight of this act shall be subject to the expiration and rever-
sion of such subdivision pursuant to section 8 of part C of chapter 57
of the laws of 2022, as amended, when upon such date the provisions of
section eight-a of this act shall take effect. Effective immediately,
the addition, amendment and/or repeal of any rule or regulation neces-
sary for the implementation of this act on its effective date are
authorized to be made and completed on or before such effective date.