Legislative Information - LBDC
Page 1 of20
S 5862 LAVALLE Same as A 8153
48153 Peoples-Stokes Same as S 5862
Peoples-Stokes
LAVALLE
ON FILE: 06/09/15 Limited Liability Company Limited Liability Company Law
Law
T|TLE,...Authorizes certain licensed health
T|TLE....Authorizes certain licensed health
service professionals to form limited liability
professionals
liability
form
limited
to
service
companies
companies
06110115 referred to higher education
06/09/1 5REFERRED TO RULES
http ://nyslrs. state.ny.us/nyslbdc I /navigate.cgi?NVDTO
ty2l20l5
STATE OF NEV/ YORK
815 3
2015-2016 Regular Sessions
IN ASSEMBLY
ilune
10
,
20]-5
read once and referred to the
Introduced by M. of À. PEOPLES-STOKES
Conmittee on Higher Education
to amend the línited liabÍlily company ]aw, tshe busíness corporation law, t.he partnership Iaw, the educalion 1aw and the public
health 1aw, in relatíon to authorizing certain licensed health
services professionals to form limiÈed liability companies
AN ACT
stât-ê of
The Peoo1e of
blv, do enact as follows:
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t4
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New
York, reoresented in sênâtê
an<í Àssem
Section 1. Subdívision (a) of section 1203 of the limited líability
company Iaw, as amended by chapter 554 of the laws of 201-3, is amended
to read as follows:
(a) NotwithsÈanding the educalion 1aw or any other provision of law,
one or more professionals each of whom is authorized by law to render a
professional service wíthin Uhe stage, or one or more professionals, at
least one of whom is authorized by law to render a professional service
within t,he state, may form. or cause to be formed, a professional
service limited liabilÍÈy company for pecuniary profit under this article for Ehe purpose of rendering tshe professional service or gervices as
such professionals are authorized to practice. With respect Èo a profescompany formed to provide medical
sional service limited liability
services as such services are defined in article 131 of the education
company must be licensed
law, each member of such límited liability
pursuant Uo arÈicle 131 of the education law to practice medicíne in
this sÈate. Notwithstandins anv other provision of this section, anv
medicine and anv person licensed pursuanu to articles 132, 137, 140,
141, 143, 144, 153, 154, 155 or 156 or subdivision 3 of section 6902 of
mav form, or cause to be formed, a
article 139 of the education law
'l
nrofessi onal serv
EXPLANATION-
'I ì m.i
têd
'l
i :hì
-Matter in italícs
t I is oId
ffi
ì tv
nomnanv tô Drov
'i
¿la mrrl tì rìi sainl
i
-
(underscored) is new; matter ín brackets
1aw to be omiÈted.
"'nt'o
r,8D11509
ot
RE.Y.LED
PAPER
-
01-
5
A.8153
1
2
2
rcrrrnÈ
ñrrql- trê liapnsad
È^ Èitlê
êidhl-
ôf
thê
êdrlt:et 'inn I¡w
tice his or her profession in this state; (ii) each
meniber
tô
ñrâa!-
shal1 onlv
3
4
5
section shall not alter, expand or curtail the scope of practice of anv
of the members; provided further that,: (A) no menber shaI1, directlw or
I
practice of another member: and (Bl no member shalt order or direcÈ
9
6
7
10
+^
heâA+i¡¿
harra¡
+L^
ã^^ñ^
^f
L.ia
a*
h
wiuh
respect to a professíonal service limited tiabí1ity company formed to
12 provide dental services as such services are defined ín article 133 of
13
Uhe education law, each meÍìber of such limiued liabitiEy company must be
licensed pursuant to article 133 of the educaÈíon 1aw go practíce
74
15 dentistry in this state. with respect Uo a professional service limited
T6
liabiliÈy company formed to provide veterinary services as such services
t7 are defined in article 135 of the education ]aw, each member of such
company must be licensed pursuant to article 135 of
Iirnited liability
18
practice veterinary medicine in this state. With
taw
to
education
t9 the
company formed to
20 respect to a professional service limited liability
27 pto.ride professional engineering, land surveying, architectural an:d/or
22
landscape architectural services as such services are defined in article
23
!45, article t47 and article 148 of the education 1aw, each mernber of
company must be licensed pursuant to article 145,
24 such limited liability
148 of the education law Eo pracÈice one or
articte
I47
and/or
25
arÈicle
26 more of such professions in this state. with respect to a professional
2'-|
service limited liability company formed to provide licensed clinical
28 social work services as such services are defined in article 154 of the
company shal1 be
29
education 1aw, each menber of such limited liability
licensed pursuant to article 754 of the education 1aw to practice
30
31 licensed clinical social work in this state. I{ith respect to a professional service limited liability company formed to provide creauive arts
32
therapy services as such servises are defined in article 163 of the
33
education ]aw, each meÍìber of such linited 1íability company must be
34
licensed pursuant to artícle 163 of the education 1aw to practice crea'
35
Èive arts therapy in this state. With respect to a professional servíce
36
Iimited liability company formed to provide marriage and family therapy
37
services as such services are defined in article 163 of the education
38
Iaw, eash member of such timited liability company must be licensed
39
40 pursuant to article 163 of the education law to practice marriage and
4t famity therapy in this state. Vlith respect to a professional service
11
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56
limíted tiability company formed Èo provide mental health counseling
services as such services are defined in article 163 of the education
company must be licensed
Iaw, each member of such limited liability
pursuant to article 163 of t,he educaÈion Iaw to practice mental health
counseling in this state. With respect to a professÍonal service limited
liability company formed to provide psychoanalysis services as such
services are defined in article 163 of the education law, each menber of
such limited liability company musU be licensed pursuant to article 163
of the education law to pracÈice psychoanalysis in this state. With
respect uo a professional service limiued liabí1ity company formed to
provide applied behavior analysis services as such services are defined
in article 1-67 of Èhe education 1aw, each member of such limited liability company must be licensed or certified pursuant to article 167 of the
education 1aw to practice applied behavior analysis in this staÈe. In
addition to engaging in such profession or professions, a professional
ffi
,a,rrro ot
RE.Y.LED
PAPER
A.8153
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3
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t2
13
t4
15
T6
t7
18
t9
20
2t
3
company may engage in any ot,her business or
service limíted liability
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 secgion, a professional service limited liability
company (i) aulhorized to practice faw 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 1aw may only
engage in the practice of !aw, to the extent not prohibited by any other
law of this sÈate or any rule adopted by the appropriate appellaÈe divÍ'
sion of the supreme court or the court of appeals.
S 2. Subdivision (b) of section 7207 of. the limited liability company
law, as amended by chapter 554 of the laws of 20t3, is amended to read
as follows:
(b) with respect to a professional service limiÈed liability company
formed to provide medicat services as such services are defined in arti'
q1e 131 of the education Iaw, each member of such limited tiability
company must be licensed pursuant to articte 131 of tshe educatj-on law to
practice medicine in this state. Notwithstandinq anv other provision of
1 31 ôf thê
erlrrca nt
ta
arti nv
ñêrsôn
1íeensed
ours
tion law Eo nractice medicine and a
3
156
0r
subdivision
0r
153.
154,155
144,
141,
143,
cles 132. 137, 140,
this
section.
anv nêrÊôn
'l
i censed rlrrrsuent to article
22
23
24
25
nrnr¡i rìe mrrl f ì rli scr n'l i n¡rrr
26
2'-|
carrrì
¡ac
wì l-Ìr
ona
ôr
môrê
1 i ¡ancaá
nrnfoq
síonals, sub'iect to the fo11owínq conditions: (i) each meniber of
l-
ha
edrraa
l-
i on
'l
aw Èa nra¡t-ì¡p
hiq
ar hcr
nrofession
i n thiq
Étâfê:
such
liiI
28
29
30
31
32
33
34
35
36
37
38
39
practices under this section shatl not alt,er, expand or qurtail the
furEher that: (Al no
ssope of practicle of anv.i of the meñbers; provided
prc
ìrr¿la+l
rr
ar
nÀ.i
ra¡t-l
r¡
i
nl-erf
wì
th
t- ha ¡l i nì n¡l
momlra¡
<ha'ì'l
rli
(B)
practice
no
and
menber;
another
of
ctinical
mene or leqit.ímate
of his or her license. With respect to a professional service 1imÍted
liabiliuy company formed to provide dental services as such services are
defined in article 133 of the educaÈion 1aw, each menber of such limited
liability company must be licensed pursuant to arÈicle 133 of Ehe educa'
40 tion 1aw to practice dentistry in this state. With respect to a profes'
4t síonal service limited liabiliUy company formed Uo provide veterinary
42 services as such services are defined in article 135 of the education
company must be licensed
43 law, each member of such timited liabitiuy
135 of tshe educatíon law to practice veterinary
44 pursuant to article
45 medicine in this staÈe. with respect to a professional service limited
company formed to provide professional engineering, land
46 liability
47 surveying, architectural and/or landscape architectural services as such
48 services are defined in article 145, article 147 and article 148 of the
company must be
49 education Iaw, each meriber of such limited liability
148 of the
arLicle
1-47
and/or
artícle
pursuant
145,
to articte
Iicensed
50
51 education 1aw to pracgice one or more of such professions in this sEate.
company formed
52 With respect to a professionat service timíted liability
services are
such
as
work
services
social
Èo provide licensed clinical
53
54 defined in article 154 of the education Iaw, each meÍtber of such limited
company shal1 be licensed pursuant to article 154 of the
55
tiability
sÈate.
56 educagion 1aw to pracLice licensed clinical social work in this
ffi
rr,rt.o o*
REcYcLEo PAPER
À.8153
4
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, eactr member of such limited liabiI'
3
ity company musÈ be licensed pursuant to article 163 of the education
4
5
law Uo practice creaÈive arts therapy in this state. With respect to a
company formed to provide
professional
service limited liability
6
7
marriage and family therapy services as such services are defined in
arLÍcte 163 of the education Iaw, each member of such limited liabiliÈy
8
9
company must be licensed pursuant to arÈicIe 163 of the education law to
10 practice marriage and family therapy ín this state. With respect to a
company formed Èo provide mental
11 professional service limited tiabílity
are defined in article 163
services
such
as
services
72 health counseling
13
of the education law, each member of such limited líability company must
74 be licensed pursuant to article 163 of the education law to practice
15 mental health counseling in this state. With respect to a professional
company formed to provide psychoanalysis
service Iimíted liabitity
16
t7 services as such services are defined in article 163 of the education
18
law, each member of such limited liability company must be licensed
pursuanu to article 163 of the education law to practice psychoanalysis
79
20
in Èhis state. With respect to a professional service limíted liability
27
company formed to provide applied. behavior analysís services as such
22
services are defined in article 167 of the education law, each member of
23
such limit,ed líability company must be licensed or certified pursuant to
24 areÍc1e 167 of tshe education law to practice applied behavior analysis
25
in this suate.
company
26
s 3. Subdivision (a) of section 1301 of the limited liability
27
law, as amended by chapter 554 of the laws of 2013, is amended to read
1
2
as follows:
(a) "Foreign professional service limited liability companyrr means a
professional service limited Iiabilíty company, whether or not denominated as such, organized under the laws of a jurisdiction other than
Èhis state, (í) each of whose members and managrers' if any, is a profes'
sional authorized by 1aw to render a professional service withín this
state and who is or has been engaged in the practice of such profession
in such professional service limited l-iability company or a predecessor
entity, or will engage in the practice of such profession in the profes'
sional- service limited tiability company within thirLy days of the date
such professional becomes a member, or each of whose members and manag39
ers, if any, is a professional at least one of such members is author'
40 ized by law to render a professional service within uhis state and who
4! j-s or has been engaged in the practice of such profession in such
company or a predecessor entity,
42 professional service limited tiability
or will engage in the practice of such professÍon in the professional
43
company within thirty days of the date such
44 service limited liabíIity
authorj-zed by, or holding a
45 professional becomes a member, or (ii)
registration or permit issued by the licensing
46 Iicense, certificate,
4'-l
authority pursuant to, the education ]aw to render a professíonal
48 service within this suaÈei except that all members and managfers, if any,
49
of a foreign professional service limited liabi1Íty company that
provides
healÈh services in this state shall be licensed in this state.
50
company
51 With respect to a foreign professional servj-ce limited liability
52 which provides veuerinary services as such servíces are defined in artsi'
cle 135 of the education law, each member of such foreign professional
53
54
service limited liabí1iEy company shall be licensed pursuant to article
135 of the education 1aw to practice veterinary medicine. With respect
55
28
29
30
31
32
33
34
35
36
37
38
56
to a foreign professional service limited liability
ffi "'"'o
ot
REcYcLEo PAPER
company which
A.
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I
8153
5
provides medical servj.ces as such services are defined in article 131 of
the education 1aw, each member of such foreign professional service
limited liability company must be liqensed pursuant to article 131 of
the education law to practice medicine ín this state. Notwithstandinq
anv ot,her provision of this Secti-on, anv person licensed pursuant to
licensed pursuant Èo articles 132, 137, 140, 141, 143, 144, 153,
'l
EE nr
'1
E6 or srrbrl irr.ician
? ôf
qêñl-ìan
6902 af
art-ie'le
I ?Q nf
tha
154,
arlrrna
-
9
10
11
ôr môrê
'l
íeensed
a<c i onal s , sul'rì ect to the f o11
a nonrli t-ì ons:
f
A)
t2
13
t4
this state, (B) each menber sha1l onlv pracuice his or her Drofession
15
16
title
t7
18
79
eiqht
the education law; and (C) anv clinical
inteqration of
the scope of practíce of anv of the members; provided further
curtail
interfere wíth the
that: (1) no menber shal1, directlv or indirectlv,
20
2\
of
as
l2l
nô
clr¡'l 'l nrrlcr
ar
11
annl-hcr
i
mamlrcr
'l-ô nrâ
al
l aa
lrar¡an¿{
the scope of his or trer license. with respect to a foreign professional
service limited liability company whích provides dental services as such
services are defíned in artícIe 133 of the education law, each meñber of
such foreign professional service limited liability company must be
133 of the education law to practice
26 licensed pursuant to article
27
denEistry in this state. With respect to a foreign professional service
limited liabíIity company which provides professional engineering, land
28
29
surveying, architectural and/or landscape architectural services as such
30
services are defined in article 145, artic]-e ]-47 and article 148 of the
education 1aw, each member of such foreign professional service llmlted
31
company must be licensed pursuant Èo article 145, article 147
liability
32
33
and/or article 148 of the educaUion law to practice one or more of such
state. WiUh respec! to a foreign professional
34 professions ín this
company which provides Iicensed clinical
35 service timited Liability
36 social work services as such services are defined in article 154 of the
37
educatíon law, each meilber of such foreign professional service Iímited
company shall be licensed pursuant to artícIe 154 of the
liability
38
educaLion taw to practice clinical social work in this state. With
39
company
40 respect to a foreign professional service limitsed tiability
are
services
such
aS
services
therapy
provides
arts
creative
which
4t
42 defined in areicle 163 of the education law, each member of such foreign
company must be licensed pursuant
43 professional service limited liability
practíce
creative arts therapy in
1aw
to
education
44 to arÈicle 163 of the
45 this state, With respect go a foreign professional service limited
company which provides marriage and family therapy services as
46 liability
47 such services are defined in article 163 of the educatíon Iaw, each
48 member of such foreign professionaL service limited liabiliuy company
49 must be licensed pursuant to arÈicle 163 of the education law to prac'
tice marriage and family therapy in this state. With respect to a
50
company which provides
foreign professional service limited liability
51
52 mental health counseling servíces as such services are defined in articte 163 of the education Iaw, each member of such foreign professional
53
service limited liability company must be licensed pursuant Èo article
54
163 of the education law to practiqe mental health counseling ín this
55
55
state. With respect to a foreign professional service 1ímiÈed tiability
22
23
24
25
ffi'*'"'o
o*
REcYcLEo PAPER
À.8153
6
which provides psychoanalysis services as Such services are
2
defined in article 163 of the education 1aw, each member of such foreign
professional
service limit.ed liabiliÈy company must be licensed pursuant
3
4
to article 163 of the education law to practiqe psychoanalysis in this
state. With respect to a foreign professional service limited 1iabi1íty
5
company which provides applied behavior analysis servíces as such
6
services are defined ín article t67 of the educagion law, each meÍiber of
7
company musÈ be
I such foreign professional service limited liability
the
education Iaw to
of
pursuanE
t67
article
to
or
certified
9
licensed
10 practice applied behavior analysis in Èhis state.
1aw, as
11
s 4. Paragraph (a) of section 1503 of the business corporatj.on
go
as
read
is
amended
20]-t,
laws
of
of
the
550
amended by chapter
T2
13
follows:
(a) Notwit,hstanding any other provision of law, (i) one or more indi74
15 viduals duty authorized by Iaw to render the same professional service
L6 within the staue may organíze, or cause to be organízed, a professional
t7 service corporation for pecuniary profít under this article for the
18 purpose of rendering Ehe same professional service, except thaL one or
19
more individuals duly authorized by 1aw to pracUice professional engi20 neering, architecture, landscape architecture or land surveying within
2t the stage may organíze, or cause to be organized, a professional servíce
22
corporation or a design professional service corporatíon for pecuniary
23 ptoiit under this article for the purpose of rendering such professional
24
services as such índividuals are authorized to practice , and (ii) one
1
25
26
27
28
29
30
31
32
company
1L1
1^¿.
an'{
lç!ì
'1 q
?
lR¿
lEE
^r
1E6 or
qr
i rri <i an
1 af
on
6 On,
inãiviri
rr¡1
qaati
^f
¡rf i
-
33
34
35
36
37
38
39
40
4t
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56
ñô
.i
n¡{.i rri Árr a I
clr¡ I 'l
nrdar
n¡
¡lìra¡f
âñ^l-1îêr
{-^ ñrâô-
of his or her license.
tice bevond the
S 5. Subdivision (S) of section 121-1500 of the partnership l-aw, as
amended by chapter 554 of the laws of 2073, is amended to read as
follows:
(S) Each partner of a registered limited liability partnership formed
Èo provide medical services in this state must be licensed pursuant to
article 131 of the education 1aw to practice medÍcine in this state land
scooe
141, 143, 144, 153, 154. 155 0r 156 0r subdivision 3 0f section 6902 0f
ãticIe 139 of the educagíon 1aw mav form, or cause to be formed, a
ffi
rr,rrro o*
REcYcLED PAPER
,|
A.8153
1
sêrvi dês vri th ône ôr môrê I iecncad nrofessiônels,
sub-i êôl- l-ô the
2
3
4
mrrél-
he
I inançad
ñrrrcrrâñl-
tô
l-il-la
aicht
af
tha
|- ian
'lâw
fol'law
l-ô
ñrâô-
tice his or her profession in this state; (ii) each partner shall onlv
5
6
7
I sect,ion shalI not alter, expand or curtail the scope of practice of anv
9
of the partners; provided further thaÈ: (A) no partner shal1, directlv
e'linin t-arf ere wi th Èhe el inical ìudoment o r lecil-imât-ê
10 ôr 'i nrli rectlv.
11
ical pracEice of another partner; and (B) no parEner shall order or
t2 direct another partner to practice bevond the scope of his or her
13
license. Each partner of a regj-stered limited liabí1ity partnership
t4 formed to provide dental serviqes ín this state must be licensed pursu15 ant to article 133 of the education law to practice dentisgry in thís
Each partner of a regístered limited tiabilit,y partnership
t6 state.
t7 formed to provide veuerinary servj-ces in Èhis staÈe must be licensed
135 of the education 1aw to pracÈice veterínary
18 pursuant Eo article
19 medicine in this sEate. Each partner of a registered limited liability
20 partnership formed to provide professional engineerí¡¡g, land surveying,
2! archiUectural and/or landscape archiLestural services in thís state must
148 of
22 be licensed pursuant to article 145, article t47 an:ð./or article
23
the educaÈion 1aw Uo practice one or more of such professions in this
partnership
24 sÈate. [nach partner of a registered limited liability
in
this stage
services
work
social
provide
clinical
licensed
formed
to
25
26 must be licensed pursuan! to article 1-54 of the education law to prac27
tice clinisal sociat work in t,his state.l Each partner of a regisÈered
partnership formed to provide creative arts therapy
28 limited liability
29
services in this staÈe musE be licensed pursuant to article 163 of the
30
educaÈion law to pracÈice creauive arts therapy in this state. Each
pargner
of a registered límited liabiliLy partnership formed to provide
31
slate mus! be licensed
32 marriage and family Uherapy services in this
33 pursuant to arÈicle 163 of the education law Èo practice marriage and
family therapy ín this staLe. Each partner of a registered limited
34
partnership formed to provide mental health counseling
liability
35
services in this staÈe must be licensed pursuant to article 163 of the
36
education law to practice mental health counseling in tshis state. Each
37
partnershíp formed to provide
38 partner of a registered limited liability
39 psychoanalysis services in chis state musÈ be licensed pursuant to artí40 cle 163 of the education law to practice psychoanalysis in this state.
4t Eash partner of a registered limited liabiliÈy partnership formed to
42 provide applied behavior analysis service in this state must be licensed
43
or certified pursuant to article !67 of Ehe education law to practice
44 applied behavior analysis in this state.
45
S 6. subdivision (q) of sectíon t2L-I502 of the partnership 1aw, as
46 amended by chapter 554 of the laws of 2013, is amended to read as
47
48
49
50
51
52
53
54
55
56
follows:
partsnership which
(s) Each partner of a foreign limiÈed tiability
provides medisal services in thís state must be licensed pursuant to
article 131 of the education law to practice medicine in the staue land
Derson
eachl. Notwithst,andinq anv other provisions of uhis section,|- anv
ì oa nprli I i censerl our qrrâñl-
143. 744.
15 i.
|-
n ert.i rt'l e 131 of
154. 155 or 156 or
ffi "'tt'o
s
ot
l-Ì¡
c edrr ¡a t i on I aw t-o
wísion 3 of section
REcYcLEo PAPER
6 9O2
of arti
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À.8153
1
2
3
4
or her profession in this stat,e; (iil each partner shal1 onlv DracÈice
5
6
7
I
9
10
11
I2
13
t4
15
16
t7
18
19
20
2t
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
4t
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56
qñônê af nrant i õê ôf
âll.ar
êTñânfl
^' ^rrrt-ãi I f lrc
ñârc ! nrnr¡i rlpr:l frrr +hô' +hâl-. laì nn ñârl- nêr cha] 1 - di
ñ^{-
anrr nf
l-lra
ñâ rl- ¡l-1rr
n¡
in¿lira¡l-
oartner Eo pracEice bevond the scooe of his or her license. Each partner
partnership which provides dental
of a foreign limited liability
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 limiued liability partnership which provides veterinary service
in the state shatl be licensed pursuant go artícle 135 of the education
law Èo practice veterinary medicine in this state. Each partner of a
foreign timited liability partnership which provides professional engineering, land surveying, architectural and/or landscape archítectural
services in this sgaÈe must be licensed pursuant Èo article 145, article
t47 and,/or article 148 of the education law to practice one or more of
such professions. [each partner of a foreign limited 1iabilíty partnership which provides licensed clinical social work servíses in this state
must be licensed pursuant to article t54 of Ehe education }aw to pracÈice licensed clinical social work in this state. Each partner of a
foreign timited liabitity partnership which provides creative arLs therapy services in Uhis state must be licensed pursuant to article 163 of
the education law to practice creative arLs therapy in this state.l Each
partnership which provídes
partner of a foreign lÍmited liability
this
state must be licensed
in
serviqes
therapy
famí1y
and
marriage
pursuant to article 163 of the education 1aw to practice marriage and
family therapy in this state. Each partner of a foreign limited liability partnership which provides menual 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 limit,ed liabiliUy partnership which providespsychoanalysis
services in this staue musE be lícensed pursuant to article 163 of the
education law to practice psychoanalysis in this state. Each partner of
a foreign 1imited liability partnership which provides applied behavior
analysis services in this state must be licensed or certified pursuant
to articte !67 of. the education 1aw to practice applied behavior analysis in this st,ate.
S 7. Subdivision (a) of section 7203 of. the limited liabiligy company
Law, as amended by chaptet 475 of the taws of 2014, ís amended Uo read
as follows:
(a) NoUv¡ithstanding the education law or any other provision of Iaw,
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
Ieast one of whom is authorized by law to render a professional service
within the sÈate, may form, or cause to be formed, a professional
service limited l-iabilitsy company for pecuniary profit under this article for ¡he purpose of rendering the professional service or servíces as
such professionals are aulhorized to pracÈice. WiCh respect to a professional service limited liabilit,y company formed to provide medical
services as such services are defined in article 131 of the education
ffi "'ttto
o*
REcYcLEo PAPER
A.8153
9
I Iaw, each menber of such limited liabiliLy company must be licensed
pursuant to articte 131 of the educaÈion 1aw Uo practice medicine in
2
this suaÈe. Notwithstandinq anv other provision of this section, anv
3
4
medicine and anv person licensed pursuant to articles 132, 137, 140,
5
141, 143, 144, 153, 154, 155 0r 156 0r subdivision 3 0f section 6902 0f
6
7
article 139 of the education law mav form, or cause to be formed, a
I nrofessi onal <arr¡i¡e f imi tad'l iabili l-1r ôômnenv to nrovi da mrt I+i¿1 iq¡in]i9
10
11
t2
mrrct tre I i
<a¿l nrrrcrrañl-
l-ô tit'lê
ê .i nlrt-
nf
,|'
ha
adrrnal-ì
tice his or her profession in this staÈe; (ii) each
on
l
member
Þ^
ñ?âô
-
shall onlv
13
14
15
16
t7
18
19
20
27
22
23
24
25
26
2'.|
28
29
30
31
32
33
34
35
36
37
38
39
40
4L
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56
sectíon shall not aleer, expand or curtail the scope of practice of anv
of the members; provided further that: (A) no member shall, directlv or
practice of another member: and (B) no member shal1 order or direct
another member to practice bevond the scope of his or her license. vüith
respect to a professionat servíce limited liability company formed to
provide dentat services as such services are defined in article 133 of
the education Iaw, each member of such limíted liability company must be
ticensed pursuant Uo article 133 of the educatíon law to practice
dentistry in this state. wiuh respect to a professional service limíted
liability company formed to provide vegerinary services as such services
are defined Ín article 135 of the educatj.on law, each meÍìber of such
Iimited liability qompany must be licensed pursuant to article 135 of
the educatíon ]aw to practice veterinary medicine in this sÈate. With
company formed to
respect Èo a professional service Iimited liability
land'
architectural,
surveying,
land
professional
engineering,
provide
scape archigectural and/or geological services as such servÍces are
defined in article !45, artisle 147 and article 148 of the education
company must be ]ícensed
Iaw, each member of such limited tiability
pursuanu to artíc1e 145, article l.47 arld/or arcicle 148 of the education
law to practice one or more of such professions in this state. with
company formed to
respect to a professional service limited Iiability
provide licensed clinical social work servÍces as such services are
defined in article 154 of the education law, each member of such limited
liabitity company sha]l be licensed pursuant Èo artícle L54 of the
educagion law to practice licensed clinical social work in this state.
With respect to a professional service Iímited liability company formed
Èo provide creative arts uherapy services as such services are defined
in article 163 of the education law, each menber of such limited liability company must be 1ícensed pursuant to article 163 of the education
law to practice creative arts therapy in this staue. With respect to a
professional service limited liabi1Íty company formed to provide
narriage and family therapy services as such services are defined Ín
article 163 of the educauion 1aw, each menber of such Iímited liability
company musÈ be licensed pursuant to article 163 of the educatíon law to
practice marriage and family therapy in this staÈe. With respect to a
professional service limited l-iability company formed to provide mental
health counseling services as such services are defined ín article 163
of the education law, each menber of such limited liability company must
be ticensed pursuant Uo article 163 of the education Iaw to practice
menbal health counselíng ín this state. with respect to a professional
ffi "'ttto
o*
RE.Y.LED
PAPER
A.8153
10
company formed to provide psychoanalysis
service limited liability
2
services as such services are defined in article 163 of the education
company mus! be licensed
law, each member of such limited liability
3
pursuant to arEicle 163 of Uhe education Iaw to pracÈice psychoanalysis
4
5
in this state. with respect to a professional service limited liabílity
company formed go provide applied behavior analysis services as such
6
services are defined ín article 167 of the education Iaw, each meÍiber of
7
I such timited liabiliuy company must be Iícensed or certifíed pursuant to
argicle t67 of the education 1aw to practice apptied behavior analysís
9
10
in this state. In addition to engaging in such profession or
company may engage
11 professions, a professional service limíted liability
a
limited líability
to
which
as
or
activities
business
t2 in any other
13
company may be formed under section two hundred one of this chapLer.
t4 NoLwiUhstanding any other provision of this sectíon, a professional
company (i) authorized to practice 1aw may
15
service Iimited liability
or (fi)
16 only engage in another profession or business or aclivities
other
activities
or
business
profession
other
or
which is engaged in a
T7
not
extent
the
practice
uo
Iaw,
of
the
in
engage
may
only
18
than 1aw
prohíbited by any other law of this state or any rule adopted by the
L9
20
appropriate appellate division of the supreme court or the cour! of
1
2I
appeals.
22
23
24
1aw, as amended by chaptet 475 of the laws of 2014, is amended to read
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
S B. Subdivision (b) of section
1207
of the limiÈed 1iabi1íty
company
as follows:
(b) With respecÈ to a professional service limited liabítity company
formed to provide medical services as such services are defined in arti'
cle 131 of the education law, each member of such timited liabilíty
company must be licensed pursuant to artiste 131 of the education law to
pracÈice medicine in this state. Notwithstandinq anv other provision of
this sec t-ìon. anv oerson 1 ì censed oursuant t o'l art-icr1e 131 of t hc adrrca tion law t-o oractice medici ne and env Dêrson ì nansed Dursrrant tô arti
nrowi de
nrr I l- i rl i eei nl ì na rw
carr¡'i ¡aÊ
wi t-h
a
^r
môrê 'l i nans
nrafc<
-
40
47
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56
of his or her license. ylith respect to a professional servíce límiEed
liabiliby company formed to provide dental services as such services are
defined in article 133 of the education law, each member of such limited
educaIiabitity company musE be licensed pursuant to article 133 of theprofestion 1aw to practíce dentistry in this suate. With respect to a
sional service limiUed liabiligy company formed to provide veterinary
services as such services are defined in article 135 of the education
company must be licensed
law, each menber of such limited liability
pursuant to article 135 of the educatsion law to practice veterinary
medicine in this state. With reÉpecc to a professional service limiued
ffi'*'tt'o
ot
RE.Y.LED
PAPER
A.
11
8153
liability
company formed to provide professional engineering' land
surveying, arqhiEectural, landscape architectural and/or geological
services as such services are defined in articte 145, article 147 and
3
4
aruicle 148 of the education law, each menber of such limiEed liabiliuy
!45, arÈicle t47 and/or
5
company mus! be licensed pursuant to article
article 148 of the educaUion law to practice one or more of such
6
professions in this sÈage. with respect to a professional service limit'
7
I ed liability company formed Eo provide licensed clinical social work
9
services as such serviqes are defined in article 154 of the education
company sha]l be licensed
10
law, each member of such limited liability
11 pursuant to article 154 of the educatj-on law Uo practice licensed clin'
ical social work in this state. with respect to a professional service
72
company formed to provide creative arts gherapy
tímited liability
13
T4
services as such services are defined in article 163 of the education
15
law, each member of such Iímited liabilíty company must be licensed
pursuant
to article 163 of the education 1aw to pract,ice creaÈive arEs
t6
T7
therapy in this state. I{ith respect to a professional service limited
18
liability company formed tso provide marriage and family therapy services
19 as such services are defined in article 163 of the education law, each
company must be lj.censed pursuant to
20 member of such limited liability
2t article 163 of the education 1aw to practice marriage and family therapy
in this state. With respect to a professional serviqe límited liabiliLy
22
23
company formed to provide menEal health sounseling services as such
24 services are defined in article 163 of the education law, each member of
163
25 such limited liabiliÈy company must, be licensed pursuant to article
26 of the education law to practice mental health counseling in this staÈe.
27 vùith respecÈ to a professional service limited liabiliÈy company formed
28 to provide psychoanalysis services as such services are defined in artic]e 163 of the education Iaw, each member of such limited liability
29
company must be licensed pursuant to article 163 of the education Iaw to
30
31 practice psychoanalysis in Uhis state. VÍith respect to a professional
service limiÈed liability company formed Uo provide applied behavior
32
33
analysis services as such services are defined in article 167 of the
company mus! be
34 educatíon law, each member of such ]imíted liabilitsy
the
education 1aw to
t6'l
of
pursuant
articte
to
or
certified
ticensed
35
36 practise applied behavior analysis in this state.
37
S 9. Subdivision (a) of section 1301 of the limited 1íabiliUy company
1aw, as amended by chapter 475 of the laws of 201-4, is amended to read
38
as follows:
39
(a) "Foreign professional service limited liability companyrr means a
40
company, whether or not denomi'
47 professional service limited liability
other than
42 nated as such, organized under the laws of a jurisdiction
43 this stat,e, (i) each of whose members and managers, if any, iS a profes44 sional authorized by law to render a professional service wíthin this
45 state and who is or has been engaged in Èhe practice of such profession
company or a predecessor
46 in such professional service limiÈed liability
profession
in the profespractice
of such
47 entiLy, or witl engage in the
days
of the date
within
Ehirty
company
liabíIity
limited
48 sional service
49 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 author50
51 ized by 1aw to render a professional service within this state and who
is or has been engaged in the practsice of such profession in such
52
53 professional service timited liabiliÈy company or a predecessor entity,
54 or will engage in the practice of such profession in the professional
company within thiruy days of the date such
service limited liability
55
authorized by, or holding a
56 professional becomes a menber, or (ii)
1
2
ffi
t.'tt.o
on REcYcLEo
PAPER
A.8153
1
2
3
4
5
6
7
I
9
10
11
t2
13
74
15
16
I7
18
19
t2
license, certificate, registration or permit issued by the licensing
auÈhority pursuant to, the education law to render a professional
service within this sÈatei excepÈ that at1 members and managers, if any,
company that
of a foreign professional service limited liability
provides health services in this state sha11 be licensed in tshis state.
with respecE Èo a foreign professional service limited liability company
which provj-des veÈerinary services as such services are defined in article 135 of the education law, each member of such foreign professional
service limited liability company shall be licensed pursuant to article
135 of the education law to practice veterinary medicine. wiÈh respect
company whiqh
to a foreign professional service limited liability
provides medical services as such services are defined in article 131 of
the educaÈion Iaw, eash member of such foreign professional service
limited liabilicy company must be licensed pursuanÈ go article 131 of
the education law to practice medicine in this stage. Notwithstanding
anv other provision of t,hís section, anv person licensed pursuant to
licensed pursuant to articles 132, 137, 140, 141, 143, 144, 153, 154,
1 55 or 1 56 or srrbdiwision 3 of secti an 6902 of arl-i c] e 139 of the edrrca-
20
2t
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
3'-l
38
39
40
4L
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56
ôr môrê licensed orofessionals,
subi êl.ll- tô the
f
o] I owi na condli tions:
(i)
this sÈate; (ii) eaqh meÍiber sha11 onlv practice hís or her profession
rrn¡{cr
l-il-'lê
aiaht
further that:
nanhar.
¡n¡l
lRì
nf
l-hp erlrrnal-ion'l
(A) no
member
ar^r.
¡nr{
/.iii\
âñrr
¡l
ininal
inl-a-
shaIl, directlv or indirectlv, interfere
no mamher ch: I I arri ôr
^?
¿l
i ra¡,|-
âñ^l- hôr
namlrar
l-ô
ñrâd
-
tice bevond the scope of his or her license. WiEh respect to a foreign
professional service limited liability
company which provides dental
services as such services are defined i-n artícle 133 of the education
1aw, each member of such foreign professional service Iimiüed liability
company must be liqensed pursuant Eo article 133 of the education 1aw Èo
practice dentistry in this state. With respecL to a foreign professional
service limited liability company which provides professional engineerirg, land surveying, geologic, architectural and/or landscape architecÈuraI servíces as such services are defined in article 145, article 74'1
and article 148 of the education Iaw, each member of such foreign
professional service limited líability company must be licensed pursuant
to arLicle 145, articLe 747 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 provídes
licensed qlinical social work services as such services are defined in
article 754 of the education law, each meñber of such foreign professional service limited liability company sha1I be licensed pursuant Èo
article 154 of the education 1aw to practice clínical social work ín
this state. with respect to a foreign professional service limited
líability company which provides qreative arts therapy services as such
services are defined in article 163 of the education Iaw, eaqh member of
such foreign professional service limited liability company musu be
licensed pursuanu to article 163 of the education 1aw to practice creative arts therapy in this state. With respect to a foreign professíonal
ffi
t*'tt'o
o*
RE.Y.LED
PAPER
A.8153
13
t service limited liability company which provides marriage and family
therapy services as such servíces are defined in article 163 of the
3
education ]aw, each member of such foreign professíonal service limited
4
liability company must be licensed pursuant to artíc1e 163 of the education 1aw Uo pracgice marriage and family therapy in this state. WiEh
5
company
respecÈ to a foreign professional service limited liability
6
which provides mental health counseling services as such services are
7
I defined in article 163 of the education Iaw, each member of such foreign
professional service limited liability company must be licensed pursuant
9
10
to article 163 of the education law to practice menual health counselíng
11
in tshis state. With respect Èo a foreign professional service limited
company which provides psychoanatysis services as such
t2 liabilíty
13
services are defined in article 163 of the education Iaw, each member of
company musU be
L4
such foreign professional service limited liability
law to practíce
the
education
pursuant
163
of
to article
15
licensed
t6 psychoanalysis in this state. With respect to a foreign professional
77
service limited liability company which provides applied behavior analy'
sis services as such services are defined in article 167 of the educa18
19
tion law, each member of such foreign professional service limited
company musE be licensed or certified pursuant to articLe 167
20
liability
2t of the education law to practice applied behavior analysís in this
22
state.
23
S 10. paragraph (a) of section 1503 of the business corporation 1aw,
as amended by chapler 475 of the laws of 2014, is amended to read as
24
follows:
25
(a) Notwithstanding any other provision of law, (i) one or more indi26
27 viduals duly authorized by Iaw to render the same professional service
28 within the State may organize, or cause to be organized, a professional
service corporation for pecuniary profit under this article for the
29
30 purpose of renderíng Èhe same professional service, except that one or
31 more individuals duly authorized by law to practíce professional engi32 neering, architecture, landscape architecture, land surveying or geology
33 within the state may organíze, or cause to be organized, a professional
service corporation or a design professional service corporation for
34
35 pecuniary profiÈ under this article for the purpose of rendering such
36 professional services as such individuals are authorized to practice¿
2
37
38
39
40
4T
42
43
¡n¡l
liìì
.inÁ.ir¡.i¿lrralq
nnc nr
l inanced
tô nrârrtit.lê
nrr¡crrenl-
l-
n arf
i -
137, 140, 141, 143, 144, 153, 154, 155 0r 156 0r subdivision 3 0f
section 6902 of article 139 of title eiqht of the education 1aw mav
orqaníze, Or Cause Uo be Orqanized, for business DurDoSeS OnIv, a
'l
e are aut-horizad to Dra nt i ec
ì n¿'li -
44
45
46
such a co
47
Iaw to practice his or her profession in this state; (Bl each me¡nber
sha1l onlv practice his or her profession as specified in his or her
48
49
50
51
52
rr¡.{ar
l-hi<
53
Þi¡a
aF
54
55
Èìon as srrch individua
tion law; and (Cì anv clinical
<êôliôñ
anv nf
t
alral'l
ñ^+
l¡a manlrara.
integration of professional oractices
âl l-Âr
avnand
or
lllì
ñô ìn¡livirlrr:'l
rectlv, interfere with the clinicaf
ffi "'*"0
o*
nrrrtai
l
chall,
t-ha
c¡nna
af
¡l i ra¡t-'l r¡ ar
nrani n¿l i -
iudoment or lec¡itimate clinical
RE.Y.LED
PAPER
A.81s3
14
1
2
3
4
5
license.
S 11. Subdivisíon (q) of section 121-1500 of Èhe parEnershíp 1aw, as
by chapter 475 of the laws of 2014, is amended to read as
amended
follows:
(S) Each parÈner of a registered limíted liability partnership formed
to provide medical services in this state must be licensed pursuant to
ín this state land
I article 131 of the education taw to pracEice medícine
+L.:a
aa¡+i¡n
6
7
9
10
11
eachl
rt^+.,..:
!Lárâ-¡ì
-Æ
¡¡r:
a+lra¡
^5
1ícensed Dursuant to art-ic1a 131 of the education Iaw to nractine
medi-
cine and anv person licensed pursuant to articles 132, 137, 140, 141,
t2 143, 144, 153, 154, 155 or 156 subdivision 3 of section 6902 of article
13
t4
15
16
I7
18
19
20
(i) each Dartner
of
licensed
assi ona'l enabl ìn his or her resnective
her nrofession as cncnifie¡l
'law:
n¡1
liiiì
¡nv al in'i nc
t-ir-lê
aìnlrf
nf
thc
edlreat-ion
e
ritâtrrt-ê rrnrf er
2t
22
23
24
Dartnership mrrst- be
sueh limited Iíabilítv
pursuant to t.it1e eiqht of the educaÈion taw to practice his or her
profession in t.his state; (íi) each parEner shall onlv oractice his or
ñôl- âll-êr
êvnân Á ar
ar
ñâr< ! nrarri ¿lcrl f rr
arrr{-a.i'l
Èlr¡{-.
laì
l-1ra qnnnc
ôf
nn ñârl-ñêr
nrâd}ir:e
<ha l'l -
11ì
o .F anr¡ ^f
t-'l rr ar
1ìâ ñârli n¿{ i ra¡l-
l-
-
of another partner; and (B) no partner shall order or direct another
partner to pracuice bevond the scope of his or her license. Each partpartnership formed ¡o provide
27 ner of a registered limited liabilit,y
28 dental servj-ces in this state musL be licensed pursuant to article 133
29 of the education law to practice dentistry in this state. Each partner
partnership formed Èo provide veteri30 of a regisgered limited liability
licensed pursuant to article 135 of
must
be
sgate
in
this
nary
services
31
the education law to practice veterinary medicine in this sLate. Each
32
partnership formed to provide
33 partner of a registered limited liability
geotogical services, archítecprofessional
land
surveying,
engineering,
34
35
tural aîd/or landscape archj.tectural services in Ehis state must be
licensed pursuant to article 145, article t47 and/or article 148 of the
36
37 educaUion 1aw Uo practice one or more of such professions in this staÈe.
38
lsach partner of a registered limited liabiliÈy parEnership formed to
state must be
39 provide Iícensed. ctinical social work services in this
40 Iícensed pursuant to article 154 of the education law to practíce clin4t ical social work in this state.l Each parUner of a registered limited
partnership formed to provide creative arts therapy services
42 liability
43 in this s¡ate must be licensed pursuant Èo article 163 of the education
44 1aw Uo practice creative arts Èherapy in this state. Each partner of a
partnership formed to provide marriage and
45 regístered limited liability
46 farnily therapy services in this state must be licensed pursuant to arEi47 c1e 163 of the education law to practsice marriage and family Èherapy in
partnership
48 thís state. Each partner of a registered limited liability
49
formed to provide menCal health counseling services in thís state must
50 be licensed pursuant to article 163 of the education law to practice
51 mental health counseling in this state. Each partner of a registered
52
limited liability pargnership formed to provide psychoanalysis services
in this state must be licensed pursuant to article 163 of the education
53
1aw Eo practice psychoanalysis in t.his state. Each partner of a regis54
tered limited 1íability partnership formed to provide applied behavior
55
56 analysis service in Ehis state must be licensed or certified pursuant to
25
26
ffi'*'ttto
o*
RE.Y.LED
PAPER
À.8153
1
2
3
4
15
artíc1e i-67 of. the educaÈion law to practice apptíed behavíor analysís
in this sEate.
S 12. Subdivision (q) of seqtion t27-1502 of the partnershíp 1aw, as
amended by chapter 475 of the laws of 20t4, is amended to read as
follows:
(S) Each partner of a foreign limited liability parÈnership which
provides medical services in this sLate must be licensed pursuant to
7
I article 131 of the eduqat.ion Iaw to practice medicine in the state [and
5
6
9
10
11
t2
13
t4
15
16
t7
18
t9
eachl
ñ^r','.:11¡a+anái
aÞlla*
+L.i
^¡
^-nrri
¡
aaa+.i
¡*
licensed Dursuant to a rt i e'l a 1 31 of the education 1aw l-n nract i ae merli 1?7. 140. 14L.
I ì r'rensed nrrrsrrant to articles I32,
cine and anv Der
li
on
69112 of erti 155
nr
156
or
sul'ldiwision
3
of
sec
743 . 1,44. 153 . 1,54
c1e 139 of the educatioD 1aw mav form, or cause Èo be formed, a foreiqn
liì
ea¡.h narl-ner
of
crr¡}r
fnra.i an I imi
l-
êdl I i ahi 1i tv
nar l-narclti
ñ
mrrqt
hc
her profession in this state; (ii) each partner shall onlr¡ practice his
20
2t
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
4L
42
43
44
45
46
47
48
49
50
51
52
53
54
55
nôl-
alter-
nÊrs ! nrovi rterl
nr
lrar
arrrl-¡ i I l- lrc éõônê af
t-lr¡l- . f al nn nârtnêr
nraet i cre o f enrr
she'll,
rlir a¡l-'lr¡
^f
ar
l-hê ñâ rt
in¿lira¡l--
-
of another part.ner; and (B) no partner sha1l order or direct another
partner to practice bevond the scope of his or her license. Each partner
of a foreign limited Iiability partnership which provides dental
services in the state must be licensed pursuant to article 133 of the
education 1aw to practiqe dentistry in this state. Each partner of a
foreign limited liabiliUy pargnership which provides veterinary service
in Uhe state shall be licensed pursuant to arÈicle 135 of the education
1aw to practice veterinary medicine in Èhis state. Each partner of a
foreign timited tiability partnership which provides professional engineering, land surveying, geologicat services, architectural and/or landscape architectural services in this state must be licensed pursuant to
article !45, arÈicIe 1-47 arrd/ot article 148 of Èhe educaÈion 1aw Eo
practice one or more of such professions. lEach parUner of a foreign
partnership which provides licensed clinical social
limited liability
work services in this state must be licensed pursuant Èo articLe 154 of
the education law Uo practice licensed clinical social work in this
state.l Each partner of a foreign limited liabiligy partnership which
provides creative arts Èherapy services in thís stsate must be licensed
pursuant to article 163 of the education law to practice creative arts
therapy in thís state. Each partner of a foreign limited liabiliCy partnership which provides marriage and family therapy services in this
state musc be licensed pursuant to article 163 of the education 1aw to
practice marriage and family therapy in this sUate. Each partner of a
foreígn limiÈed liability partnership which provides mental health counseling services in Ehis sEate must be licensed pursuant to article 163
of the education 1aw to practice menLal 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 artic1e 163 of the education law to practice psychoanalysis in this s|ate.
Each parUner of a foreign limited Iiability partnership which provides
applied behavior analysis services in this state must be licensed or
@'*'n"o
o*
RE.Y.LED
PAPER
À.8153
1
2
3
4
5
6
7
8
9
10
11
t2
13
t4
15
t6
77
18
L6
certified pursuant Uo article t67 of the education Iaw to practice
apptied behavior analysis in this sEate.
S 13. SecÈion 6509-a of Ehe education Iaw, as amended by chapter 555
of the laws of 1993, is amended to read as follows:
S 6509-a. Àdditional definition of professional misconducg; limited
application. Notwithstanding any inconsistent provision of this article
or of any other provision of law to uhe contrary, the license or registration of a person subject uo the provisions of articles one hundred
thirÈy-two, one hundred thirty-three,
one hundred thirty-six,
one
hundred thirty-seven, one hundred thirtsy-nine, one hundred forty-one,
one hundred forty-three, one hundred forty-four, one hundred fifty-six,
one hundred fifty-nine and one hundred sixty-four of this chapter may be
revoked, suspended or annulled or such person may be subject to any
other penaley provided in secÈion sixty-five hundred eleven of this
article in accordance with the provisions and procedure of tshis article
for Èhe following:
That any person subject to the above enumerated articles, has directly
requested, received or participated in the division,
transference, assignment, rebate, splitting or refundíng of a fee for,
20
or has directly requested, received or profited by means of a credit or
2t other valuable consideration as a commissíon, discount or gratuity in
22
connection with the furnishing of professional care, or service, includ23
ing x-ray examination and treatment, or for or in connection with the
24
sale, rental, supplying or furnÍshíng of clinical laboratory services or
25
suppties, x-ray laboratory services or supplies, inhalation therapy
26 service or equipment, ambulance service, hospital or medical supplies,
27 physiotherapy or other therapeutic service or equipment, artificial
28 limbs, teeth or eyes, orthopedic or surgical appliances or supplies,
29 opticat appliances, supplies or equipment, devices for aíd of hearing,
30 drugs, medication or medical supplies or any ouher goods, services or
31 supplies prescríbed for medical diagnosis, care or treatment under this
32
chapter, except payment, not to exceed thirty-t'hree and one-third per
cenÈum of any fee received for x-ray examination, diagnosis or Urea!'
33
for such examination, diag34 ment, Èo any hospital furnishing facitities
section shall prohibit
35 nosís or treatment. Nothing contained in this
such persons from pracÈicing aS parUners, in groups or as a professional
36
corporation or as a unÍversity faculty practice corporation nor from
37
38 pooling fees and moneys received, eíther by the parEnerships, professional corporations, university faculty practice corporatíons or groups
39
40 by the individual members thereof, for professional services furnished
4t by any individual professional member, or employee of such pargnership,
42 corporation or group, nor sha1l the professionals constituÈing the part43
nerships, corporations or groups be prohibited from sharing, dividing or
44 apportioning the fees and moneys received by them or by the partnership,
45 corporation or group in accordance with a partnership or other agree46 ment; provided that no Such practice as partners' corporations or in
47 groups or pooling of fees or moneys received or shared, division or
48 apportionmenÈ of fees sha1l be permitÈed v¡ith respect to care and treat49 ment under the workers I compensation law except as expressly aut.horized
section
50 by the workersr compensation law. Nothino contained in this
or indirectly
19
51
52
53
54
55
56
subdivision (b) of secÈion twelve hundred seven of the
company Iaw, paraqraph (a) of
hundred one of the limited liabilitv
companv 1aw,
sê.!t-iôn
fìfteen
r{rad l-hrec of the l-rusìness corrfora tinn
ffi'*'*"0
o*
RE.Y.LED
PAPER
lew-
srrbdiwi-
t7
A.8153
1
c.i
^ñ
lnì
nf
ca¡l. ì nn
1
21 - I qO0 ôf
thê
n¡rl-narclri
n
I ¡r.r
nr
errhÁ i rri qi nn
f
aì
2
received. Nothing congained in Ehis chapÈer shalt prohibit a medical or
dental expense indemnity corporation pursuanÈ to its contract with the
5
subscriber from prorationing a medicat or denÈal expense indemnity
allowance among two or more professionals in proportion to the services
6
7
rendered by each such professional ag the request of the subscriber,
I provided thaE prior to paymenc thereof such professionals shall submit
9
both to the medical or denEat expense indemnity corporation and to Èhe
10
subscriber statements itemizing the services rendered by each such
11 professional and the charges therefor.
t2
S 14. Subdivision 19 of sect,ion 6530 of the education Iaw, as added by
13
chapter 606 of the laws of 1991, ís amended to read as follows:
74
19. Permitting any person to share in the fees for professj-ona1
services, other than: a partner, employee, associate in a professional
15
firm or corporation, professíonal subconbractor or consultant authorized
16
t7 Eo practice medicine, [or] a legal1y authorized trainee pracÈicing under
18 the supervísion of a liqensee, or an authorized professional licensed
3
4
19
hundred thirtv'seven, one hundred fortv, one hundred fortv-one, one
2t hundred fortv-three, one hundred fortv-four, one hundred fiftv-three,
20
22
23
24
25
26
27
28
29
30
31
32
or subdivision three of secÈion sixty nine
nrn€aacinn¡'l
This prohibition shall
include any arrangement or agreement whereby the amount received in
equipment or personnel
pal¡ment for furnishing space, facilities,
percentage
of, or is otherwise
a
ricensee
consÈitutes
by
a
services used
dependent upon, the income or receipts of Èhe licensee from such pracEice, except as oÈherwise provided by taw with respecg Èo a facility
1Ícensed pursuanU to argicle twenty-eight of the public healEh law or
article thirteen of the mental hygiene law;
33
S 15. Section 6531 of the educaLion law, as amended by chapter 555 of
34
the taws of 1993, is amended to read as follows:
35
S 6531. Àdditional definition of professional misconduct, limited
36 applícation. Notwithstanding any inconsisÈent provision of this article
37
or any other provisions of law to the contrary, the license or registra38
tion of a person subject to the provisions of this articLe and artiqle
one hundred thirty-one-B of this chapter may be revoked, suspended, or
39
40 annulled or such person may be subject to any other penalty provided in
4t secÈion two hundred Èhirty-a of the public health law in accordance wiLh
42
the provisions and procedures of t,his article for the following:
43
That any person subject Eo the above-enumeraLed articles has directly
requested, received or participaled in the division,
44 or indirectly
45 transference, assignmenE, rebate, sptittíng, or refunding of a fee fot,
46 or has directly requested, received or profited by means of a credit or
47
other valuable consideration as a commissíon, discount or gratuity, in
48 connection with the furnishíng of professional care or service, including x-ray examination and treatmenU, or for or in connection with the
49
sa1e, rental, Supplying, or furnishing of clinical laboratory services
50
51 or supplies, X-ray laboratory services or supplies, inhalatíon therapy
service or equipment, aÍìbulance service, hospital or medical supplies,
52
physiotherapy or other therapeutic service or equipmenU, artificial
53
limbs, EeeÈh or eyes, orthopedic or surgical appliances or supplies,
54
55 optical appliances, supplies. or equipment, devices for aid of hearing,
s6 drugs, medication, or medical supplies, or any other goods, Services, or
one hundred
fiftv-nine
ffi
t''ttto ot REcYcLEo
PAPER
A.8153
18
supplies prescribed for medical diagnosis, care, or treatment under this
chapter, excepu pafrment, not to exceed thirty-three and one-third
percent of any fee received for x'ray examination, díagnosis, or treat3
ment,, to any hospiual furnishing facilitÍes for such examination, diag4
nosis, or treatment. Nothing contained Ín thÍs section shalI prohibit
5
6
such persons from practicing as partners, in groups or as a professional
corporation or as a universíty faculÈy practice corporation, nor from
I pooling fees and moneys received, either by the partnerships, profes9
sional corporations, or university facultsy practice corporations or
10 groups by the individual members thereof, for professional services
11
furnished by an individual professional member, or employee of such
t2 partnership, corporaÈion, or g'roup, nor shall the professionals consti13
tuting the parunerships, corporations or groups be prohibited from shart4 irg, dividing, or apportioning the fees and moneys received by them or
15 by t.he parÈnership, corporation, or group in accordance with a partnership or other agreement; provided that no such practice as paruners,
16
77
corporations, or çlroups, or pooling of fees or moneys received or
shared, division or apportionment of fees sha11 be permitted with
18
19
respect to and treatment under the workers' compensaEion Iaw. NoLhinq
1
2
,7
20
27
22
23
24
25
26
27
la ì
nf
sêôt i ôñ
thi rl-aen
hrrnrlred nna nf
law, paraqraph (a) of sectíon fifteen
fhê
1ìmìtcrl
liahi'lifv
namnanv
hundred three of the business
Iaw, or subdivision (q) of section 121-1502 of the partnership law from
poolinq
fees or monies received. NoÈhing contained in this chapter shal1
28
29 prohibit a corporation licensed pursuant to article forty-three of the
insurance law pursuant to its contracL with the subscribed from prora'
30
31 tíoning a medical or dental expenses indemniUy allowance among two or
32 more professionals in proportion to Èhe services rendered by each such
33 professional at the request of the subscriber, províded ghat prior to
34 pal¡ment thereof such professionals shall submit both to the corporat,ion
35
licensed pursuant Èo article forty-three of the insurance law and to the
36
subscriber Stalements Ítemizing the services rendered by each such
37 professional and the charges therefor.
38
S 16. Subdivision 1 of secuion 2801 of the public health law, as separately amended by chapters 297 and 416 of the laws of 1983, is amended
39
40 t,o read as f ollorps:
4t
1. "Hospital'r means a facility or institution engaged príncipal1y in
42 providing services by or under the supervision of a physician or, ín the
43
case of a dental ctinic or dental dispensary, of a dentist, fot the
44 prevention, diagnosis or creatment of human disease, pain, injury,
45 deformity or physical condition, including, but not limiÈed to, a gener46 aI hospíta1, public healÈh center, diagnostic center, treatment center,
dental dispensary, rehabilitation center other than a
47 dental clinic,
48 facility used solely for vocaÈiona1 rehabiliLatíon, nursing home, tuber49 culosis hospiÈat, chronic disease hospital, maÈernity hospital, lying50
in-asylum, out-patient departmenu, out-patient 1odge, dispensary and a
51
laboratory or central service facilily serving one or more Such instsiÈutions, but the term hospital shall not include an ínstítutíon, sani52
53
Earium or other facility engaged principally in providing services for
54
the prevention, diagnosis or treatmenE of mental disability and which is
55
subject to the powers of visiÈation, examination, inspection and investigation of the department of mental hygíene except for those distinct
56
ffi'^'"'o on RE.Y.LED
PAPER
A.8153
1
2
3
4
5
6
7
I
L9
parts of such a facility which provide hospital service. The provisions
engaged
or insligution
of this article shall not apply to a facility
principally
in providing services by or under the supervision of Uhe
bona fide members and adherents of a recognized religious organization
whose teachings include relíance on spiriÈual means through prayer alone
for healing in the practice of the religion of such organization and
where services are provided in accordance vrith those teachings or to a
9
10
11
12
13
t4
15
16
t7
18
!9
companv 1aw,
subdivision (a) of section
thirteen
hundred one of
the
three of the business corporation 1aw, subdivision (q) of section
121-1500 of the partnership law, or subdivision (q) of sectíon 121-1502
of the parEnership 1aw.
day after iu shall
S 17. This act shall take effect on the thirtieth
have become a ]aw; provided, however Èhat sections seven, eight, nine,
ten, eleven and twelve of this act shal1 take effect on the same daÈe
and in Uhe same manner as chapter 475 of the laws of 2074, takes effect.
ffi
tt'tt'o
on
REcYcLED PAPER
Page2 of20
Legislative Information - LBDC
STATE OF NEVI YORK
5862
2015-2016 ReguÌar Sessions
IN
SENATE
June 9, 2015
Introduced by Sen. LAVALLE -- read twice and ordered printed,
printed to be commltted to the Committee on Rules
and when
to amend the fimlted liability company law, the business corporation law, the partnership law, the education law and the public
heal-th law, in relation to authorizing certain licensed health
services professionals to form fimited liabili-ty companies
AN ACT
The People of the State of New York, repre sented in Senate and Assem*
blv, do enact as follows:
1
2
3
4
5
6
'7
8
o
10
11
I2
13
I4
15
16
T1
18
t9
20
27
))
23
Section 1. Subdivision (a) of section 1203 of the limited liabillty
company law, as amended by chapter 554 of the laws of 2073, i-s amended
to read as follows:
(a) Notwithstanding the education law or any other provision of law,
one or more professionafs each of whom is authorized by law to render a
professional service within the statef or one or more professionals, at
least one of whom is authorized by taw to render a professionaf service
within the state, frây form, or cause to be formed, a professional
service limited liability company for pecuniary profit under this articfe for the purpose of rendering the professional- service or services as
such professionafs are authorized to practice. With respect to a profescompany formed to provide medical
sionaÌ service fimited liability
services as such services are deflned in article 131 of the education
law, each member of such limited J-iability company must be licensed
pursuant to artj-cle 131 of the education law to practice medicine in
anv
of thi s section,
this state. Notwiths tandinq anv otsher provision
per son licensed pursuant to article 131 of the educa tion law to practice
medicine and anr¡ Þerson licensed oursuant to arbicles 732 13 7 . 140.
L4L t43 L44 153 154 155 or 156 or subdívision 3 of secÈion 6902 of
l-39 of the education 1aw may form, or cause to be forrned, a
artícl-e
companv to provr de nultidiscipliprofessional service limited liabifrtv
orof
sionals.
sulcieet to the
licensed
more
narv services wiÈh one ôÉ
tv comÞanv
(i)
li-abili
linited
of
such
rnember
each
eonditions:
followinq
EXPLANATION--Matter in ita].ics
(underscored) is new; matter in brackets
t-l is oÌd faw to be omitted.
http ://nyslrs. state.ny.us/nyslbdc 1 /navigate.cgi?NVDTO
L8D11509-01-5
Ít212015
Page3 of20
Legislative Information - LBDC
s.
1
2
3
4
5
6
1
I
9
10
11
12
13
5862
2
must be 1ícensed pursuant to title eiqht of the education law to 1>ractice his or her profession in this state; (ii) each member shall only
practice his or }. er orofessíon as sÞecified in his ôr her respective
professíona1 enablíng statute under trtle eiqht of the education 1aw,'
ínteg'ra tíon of professional practices under this
and (iii) any clinical
sectíon shall not al-ter expand or curtaíI the scope of oractice of anv
or
ided further that (.4) no mem,ber shaI]-, directlv
of the me¡nbers,'
interfere with the clinical
iudqment or legitimate clinical
indirectly,
practice of another member; and (B) no member shall order or dírect
another meml>er to practice bevond the scope of hís or her license, With
company formed to
respect to a professionaf service limited liability
in article 133 of
defined
are
provide dental services as such services
company must be
liability
fimited
such
of
member
the education law, each
Iicensed pursuant to article 133 of the educatlon faw to practice
dentístry j-n this state. With respect to a professional service limited
tiability company formed to provide veterinary services as such services
I1 are defined in article 135 of the educatlon law, each member of such
company must be licensed pursuant to article 135 of
18
limited tiabitity
practice veterinary medicine in this state. With
law
to
79
the education
20
respect to a professionaÌ service Iimited Iiability company formed to
2I provide professional engineering, fand surveying, architectural- and/or
22
landscape architectural services as such services are defined in article
aa
I45, articl-e I41 and article 148 of the education law, each member of
.J
company must be licensed pursuant to article 145'
24
such limited liabiÌity
148 of the education law to practice one or
article
25
articfe I4'l and./or
26 more of such professions in this state. Vlith respect to a professional
21
service llmited liability company formed to provide licensed clinicaf
sociaf work services as such services are defined in article 154 of the
28
company shafl be
29
education law, each member of such limlted liability
faw to practice
education
154
of
the
Ìicensed pursuant to article
30
to a profesrespect
With
state.
in
this
work
licensed clinlcal sociaf
31
provide
creative arts
formed
to
company
liability
timited
service
32
sionaf
33 therapy services as such services are defined 1n article 163 of the
education 1aw, each member of such limited liablJ-ity company must be
34
ficensed pursuant to artícle 163 of the education law to practice crea35
36 tive arts therapy in this state. With respect to a professional service
limited liability company formed to provide marriage and family therapy
31
services as such services are defined in article 163 of the education
3B
law, each member of such fimited J-iability company must be licensed
39
40 pursuant to articfe 163 of the education law to practice marriage and
4I family therapy in this state. I{ith respect to a professional service
42
limited liability company formed to provide mental heaÌth counseling
43
services as such services are defined in article 163 of the education
company must be Iicensed
44
law, each member of such limited liability
45 pursuant to articfe 163 of the education law to practice mental health
46
counseling in this state. With respect to a professional service limited
liability company formed to provide psychoanalysis services as such
41
services are defined in artlcle 163 of the education law, each member of
48
49
such limited liabiÌity company must be licensed pursuant to article 163
50
of the education faw to practice psychoanalysis in this state. With
respect to a professj-onaf service limited llability company formed to
51
tra
provide applied behavior anal-ysis services as such services are defined
in article 161 of the education law, each member of such fimited liabil53
ity company must be ficensed or certified pursuant to article 16'7 of the
54
55
education law to practice applied behavj-or analysis in this state. In
addition to engaging in such profession or professlons, a professional
56
I4
15
16
htç://nyslrs.state.ny.us/nyslbdc 1 /navigate.cgi?NVDTO
:
111212015
Page
Legislative Information - LBDC
s.
5862
4 o120
3
company may engage in any other business or
service limited liabllity
liabiJ-ity company may be formed under
limited
a
which
to
2
activities as
3
section two hundred one of this chapter. Notwithstanding any other
provision of this section, a professional service limited liability
4
J
òo*puny (i) authorized to practice law may only engage in another
or (ii) which is engaged in a
proiession or business or activities
6
other than Iaw may only
activities
profession or other business or
prohibited by any other
not
extent
to
the
law,
practice
of
I à.gug" in the
appellate diviappropriate
by
the
adopted
rule
any
or
this
state
law
of
9
sion of the supreme court or the court of appeals.
10
11
S 2. Subdivision (b) of sectlon 1201 of the limited liability company
law, as amended by chapter 554 of the laws of 2013, is amended to read
72
13 as follows:
(b) With respect to a professionaf service Iimited Ìiability company
T4
formed to provide medicaf services as such services are defined in arti15
liability
16 cle 131 of the education law, each member of such limited
law to
education
of
the
131
71
company must be ficensed Pursuant to artlcle
practice medicine in this state.
18
19 this section, anv Person licensed
1
tr
'7
20
2I
22
23
24
25
26
21
28
29
30
31
32
33
34
35
36
31
38
39
medíc ine and anv cerson 1 icensed r¡ursuant to artir44 153 154 155 or 156 or sulcdivision 3
143
of section 6902 of article 139 of the education law mav form, or eause
comcanv to
lialcilítY
sêrvrce linited
to be formed, a Professional
profesIicensed
more
or
one
with
services
p rovide multidiscip]-inarY
of such
{i)
each
member
no
condítions:
folfowi
the
Èo
s ul¡i ect
síonals,
of
oht
ei
títle
to
suant
licensed
must
be
titv
companv
lÍnited liabi
tíon
cles
1aw to practice
132
137
l_4 0
141
education law to pract ice his or her profession in this sta te.' (ii)
ín
as specífied
each member shati onlv l>ractice his or her profession
of
eiqht
title
under
his or her respective Profes sional enablinq statute
professional
of
(
ínteqratíon
cli-nical
the educat:-on 1aw; and i-ií) anv
the
curtaíl
e xoand ot
practíces under tlris sectíon shall not alter
(A'l
no
that
ided
further
the
meml¡ers;
of
of
anv
oractice
scope of
ìudoínterfere with the clínical
or i ndirectlv.
me¡nber shal 1. dírectlv
practice
of another mernl¡er,' and (B) no
clinical
ment or leqitimate
member sha1l order or direct another meml¡er to cractíce bevond the scope
of hÍs or her lieense. With res pect to a professional service limited
company formed to provide dental serv ices as such services are
liabilìty
defined in articÌe 133 of the education law, ea ch member of such limited
liability company must be licensed pursuant to article 133 of the educathe
tion law to practice dentistry in this state. With respect to a profes4I sional service fimited J-iability company formed to provide veterinary
42
services as such services are defined in articfe 135 of the education
company must be licensed
43
law, each member of such Ìimited liability
faw to practice veterinary
education
the
135
of
article
pursuant to
44
service limited
professional
a
to
respect
With
state.
in
this
45
medicine
company formed to provide professional engineering, land
Iiability
46
41
surveying, architecturaf and,/or landscape architectural services as such
48
services are defined in article 145, article 147 and articfe 148 of the
company must be
49 education law, each member of such limlted liability
148 of the
article
and/or
I4'7
article
145,
article
to
pursuant
licensed
50
state'
in
this
professions
of
such
more
or
one
practice
to
law
education
51
With respect to a professional service fimited liability company formed
52
tr?
JJ
to provide flcensed clinical social work services as such services are
trÁ
defined in articfe 154 of the education law, each member of such limited
company shaff be licensed pursuant to article 154 of the
liability
55
this state,
56 education law to practice Iicensed clinlcaf social- work in
40
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1
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[l
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With respect to a professional service l-imited tiability company formed
to provide creative arts therapy services as such services are defined
in articfe 163 of the education law, each member of such limited fiabillty company must be ficensed pursuant to articfe 163 of the education
faw to practice creative arts therapy ln thls state. hTith respect to a
company formed to provide
professi-onal service Iimited Iiability
marriage and famil-y therapy services as such servlces are defined in
article 163 of the education law, each member of such limited liability
company must be flcensed pursuant to article 163 of the education law to
practice marriage and famil-y therapy in this state. Vlj-th respect to a
professional- service limited liability company formed to provide mentaf
health counseling services as such services are defíned in artlcle 163
of the education law, each member of such limited liabiÌity company must
be licensed pursuant to articfe 163 of the education law to practice
mental heafth counsellng in this state. With respect to a professional
service fimited liablJ-ity company formed to provide psychoanalysis
services as such services are defined in article 163 of the education
1aw, each member of such limited liabitity company must be licensed
pursuant to article 163 of the education Ìaw to practice psychoanalysis
in this state. With respect to a professionaf service limlted liability
company formed to provide applied behavior analysis services as such
services are defined in articfe 161 of the education Ìaw, each member of
company must be Iicensed or certified pursuant to
such limited Iiability
articÌe 161 of the education Ìaw to practice applied behavior analysis
in thi-s state .
company
S 3. Subdivision (a) of section 1301 of the Ìimited tiability
Ìaw, as amended by chapter 554 of the laws of 2013, is amended to read
as fol-lows:
(a) "Foreign professional service limited tiabil-ity company" means a
professional service fimited liability company, whether or not denomiother than
nated as such, organlzed under the faws of a jurlsdiction
is
a profesif
any,
managers,
and
(i)
members
whose
of
each
this state,
sional authorized by law to render a professionaf service within this
state and who is or has been engaged in the practice of such profession
1n such professional service fimited liability company or a predecessor
entity, or wilf engage in the practice of such profession in the professionaf service l-lmited liability company within thirty days of the date
such professional becomes a member, or each of whose members and managersf if any, is a professional at least one of such members is authorized by faw to render a professional service withln 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
company within thirty days of the date such
service timited liability
professionaf becomes a member, or (ii) authorized by, or hoÌding a
registratlon or permit issued by the licensing
ficense, certificate,
authorì-ty pursuant to, the education law to render a professional
service within this state; except that all members and managers, if any,
company that
of a foreign professionaf service fimited liability
in
ficensed
this state.
be
shafl
state
in
this
provldes health services
company
liabiÌity
limited
professional
service
foreign
a
respect
to
With
which provides veterinary services as such services are defined in articfe 135 of the education law, each member of such foreign professional
servlce Iimited liability company shafl- be Ìicensed pursuant to articfe
135 of the education law to practice veterinary medicine. With respect
company which
to a foreign professional service l-imited liability
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3
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20
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24
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26
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28
29
30
31
32
33
of20
5
provides medlcal services as such services are defined in article l-31 of
the education law, each member of such foreign professional service
fimited liability company must be licensed pursuant to article 131 of
the education law to practice medicine in this state Notwiths tandino
anv other provision of this section, anv person licensed pursuant to
131 of the educatíon law to practice rnedÍ cine and anv Þerson
artiele
154
pu¡suant
to articles L32, L37 140 1 41. r43. 144. 153
licensed
of
the
educa139
article
6902
of
sectíon
3
of
155 or 156 or sulcdivision
fessj-onal service
tion taw mav form, or eause to be formed, a foreiqn
services with one
comÞanv to provide multÍdisciplinarl/
Ií¡nited liabilitr¡
or more licensed professionals, subject to the following condítions: (A)
companl¡ must be licensed pursuant
each member of such limited liabíIítv
to
law
to title eiqht of the education
Practice his or Ïrer profession rn
(B)
shall
onlv
cractice his o r trer profession as
mernber
each
state,'
this
specified in his or her rescective professional enab Iino sLatute under
ej.g'ht of the educatÍon law; and (C) anv clinícal inteqration of
tÍtle
exrcand or
professional oractices under this section shall not alter,
provided
practice
further
of any of the meml¡ers;
the scope of
curtaìf
the
with
interfere
(1)
or
Índirectlv,
no member shall directlv
thatr
practice
and
meml¡er,'
j
of
another
clinical
legitimate
or
udqment
clinical
el no mem.ber shafl order or dírect another member to practice bewond
the scope of his or her license, With respect to a foreign professional
company which provides dental services as such
service limited liabllity
services are defined in article 133 of the education Ìaw, each member of
such foreign professional service fimited J-iability company must be
l-icensed pursuant to articfe 133 of the education Ìaw to practice
dentistry in this state. With respect to a foreign professionaf service
company which provides professional engineering, land
Iimited liability
surveying, architectural and/or landscape architectural services as such
services are defined in article 145, article 147 and articÌe 148 of the
education law, each member of such foreign professional service limited
company must be Iicensed pursuant to article 145, article 147
liability
and/or articfe 148 of the education law to practice one or more of such
professions in this state. With respect to a foreign professional
company which provides licensed cfinical
service l-imited liability
soci-al- work services as such services are defined in articfe 154 of the
education law, each member of such foreign professionaf service limited
31
company shal-I be licensed pursuant to article 154 of the
liabllity
38
law
to practice clinlcal social work ln thls state. Vlith
39
education
respect to a foreign professional servlce limited liabllity company
40
4I which provides creative arts therapy services as such services are
42
defined in article 163 of the education law, each member of such forelgn
company must b,e ficensed pursuant
43 professional service limited tlability
practice
creative arts therapy in
law
to
44
to article 163 of the education
AE
professional
servlce limited
foreign
a
to
respect
Vlith
state.
this
liability company which provides marriage and family therapy services as
46
41
such services are defined in articÌe 163 of the education law, each
company
member of such foreign professional servj-ce limited liabifity
48
pracfaw
to
educatj-on
163
of
the
49 must be licensed pursuant to article
to a
respect
With
state.
this
in
therapy
family
marriage and
50 tlce
provides
which
company
tiabitity
limited
professionaf
service
foreign
51
52 mentaf health counseflng services as such services are defined in arti53
cle 163 of the education law, each member of such foreign professional
service Ilmited liability company must be licensed pursuant to article
54
163 of the education law to practice mental- heal-th counsel-ing in this
55
state. With respect to a foreign professional service limited liabiÌlty
56
34
35
36
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s.
6
5862
company which provides psychoanalysis services as such services are
defined in articÌe 163 of the education law, each member of such foreign
professional service fimited liabitity company must be licensed pursuant
3
4
to articfe 163 of the education taw to practice psychoanalysis in thls
state. Vùith respect to a foreign professional service flmited J-iability
5
company which provides applied behavior analysis services as such
6
1
services are defined in articfe 161 of the educatlon law, each member of
o
company must be
such foreign professionaf service lj-mited liability
9
ficensed or certified pursuant to articÌe 167 of the education law to
practice applied behavior anaJ-ysis in this state.
10
11
S 4. Paragraph (a) of section 1503 of the business corporation law, as
I2 amended by chapter 550 of the laws of 20II, is amended to read as
foflows :
13
(a) Notwithstanding any other provision of law, (i) one or more j-ndiT4
15
viduals duJ-y authorized by law to render the same professional service
the state may organize, or cause to be organized, a professional
16 within
under this article for the
I1 service corporation for pecuniary proflt
professional
servlce, except that one or
purpose of rendering the same
18
professional engipractice
law
to
by
authorized
duly
L9 more individuats
20
neering, architecture, Ìandscape architecture or land surveying within
2I the state may organize, or cause to be organized, a professional service
22
corporation or a design professional service corporation for pecuniary
23 profit under this article for the purpose of rendering such professional
24
services as such individuafs are authorized to practice and (ii) one
1
2
.E
26
21
28
29
30
31
32
33
34
35
36
31
38
39
40
4I
42
43
44
45
46
41
4B
49
50
51
52
53
54
55
56
or more individuals licensed to P ractíce pursuant, to article 131 and one
L32. L37 , 1-40 1 4L.
or more indivíduals 1Í censed pursuant Èo artiele
143 t44 153 ]-54 l-55 or 156 or su.bdivi-sion 3 of sectíon 6902 of article L39 of title eioht of the education law mav orqanize. or cause to be
orqanized, for business purposes onlv, a professional service corporation formed for Þecunìarv profit under this artícle for the purpose of
servíces withín such a corporation as such
rendering multidisciplinary
in his or her
individuallv
i-ndividuaJ-s are authorized to practíce
lA) an
ess íons, subìect to the fo l]-owínq conditíons:
respectíve
tion must
who oroanizes, or causes to oroanize, such
individual
be licensed pursuanb to Èít1e eiqht of the educatíon law to oractíce his
or her profession in this state; (B) each member shall onlv practice his
or her profession as specifíed ín hís or her respecti ve professional
enablincr statute under title ei-qht of the educa tion law; (C an clinbices under ttris section shall not
ical ínteqration of rrrofessionaf
expand or curtail the scope of practice of anv of the meml>ers,:
alter,
wíth the
ínterfere
(D) no individual sha]-l. directlv
or indirectlv,
practice
individual,'
another
of
c]-i-nical i udqment or ]-eqitimate clinical
and (E) no indívidual shall order or dírect another individual to Þracthe scoÞe of his or her license
tice
S 5. Subdivision (q) o f section 121-1500 of the partnership law, as
amended by chapter 554 of the laws of 2013, is amended to read as
follows:
(q) Each partner of a registered limited liabil-ity partnership formed
to provide medical services in this state must be ficensed pursuant to
article 131 of the education faw to practice medicine in this state [and
anv Þerson
ee€hl. Notwiths tandinq anv ottrer Prov ision of this section,
l-icensed pursuant to article 131 of the education law to practice mediL37 , L40,
L32,
cine and any other Þerson lícensed Pursuant to artÍcle
6902 of
sectíon
3
of
1-44
153 L54 155 or 156 or subdivision
143
]-4]a
formed,
be
to
cause
form.
<>r
law
maY
article 139 of the educatíon
provide
multidisciplinarY
to
tnershirr
fial¡íIitY
lrmited
registered
l¡ar
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5862
of20
1
essaona ls. subìect to the followserwices with one o1 more J-icensed
13âT tner ship
(iì
partner
Iiabilitv
limited
of
such
each
ing conditions:
2
law
to prac*
education
the
of
eÍqht
to
title
be
lícensed
Þursuant
must
3
tice hís or her professìon in thj.s state; (ii) each partner shall onlY
4
practice his or her profession as speeified in his or her respective
5
t, of the educatÍon law
statute under title
ssional- enalcli
6
practices under this
r¡rofessíona1
(rii)
of
c l.ínicaL inteoration
1
and
of cractice of anv
scope
the
curtail
or
exPand
I section shal-l not aLter,
(A)
sha11, directly
no
prov
partners,'
further
that:
ided
Partner
of
the
9
interfere with Èhe clinj,cal- iudqment or leqitimate clínor indirectlv,
10
shall order or
11 ical practice o f another Þartnêr,' and (B) no cartner
partner
of his or her
the
scope
to Þracti ce bevond
anotl:er
72 direct
partnership
liability
Iimited
a
registered
partner
of
13 license, Ëach
j-n
pursulicensed
must
be
state
this
services
provide
dentaf
formed
to
74
15
ant to article 133 of the education faw to practice dentistry in this
Each partner of a registered limited liability partnership
I6 state.
I1 formed to provide veterinary services in this state must be licensed
pursuant to artj-cfe 135 of the education faw to practice veterinary
18
tiability
19 medicine in this state. Each partner of a registered limited
surveying'
land
professionaf
engineering,
provide
to
partnership
formed
20
27
architecturaf and,/or landscape architecturaf services in this state must
148 of
22 be licensed pursuant to article 145, article 74'1 and/or article
23
the education faw to practice one or more of such professions in this
24
state. ttraeh earÈne¡g e€
1
atr
26
21
zÕ
29
30
31
32
33
34
35
36
31
38
39
40
47
42
43
44
45
46
41
48
49
50
51
52
53
54
55
56
Èiee etinieal eeetal r+erek i=Ð-Êhie sèatse-l Each partner of a registered
Iimited liability partnership formed to provide creative arts therapy
services in this state must be licensed pursuant to article 163 of the
education faw to practice creative arts therapy in this state. Each
partner of a registered fimited liability partnership formed to provide
marriage and famify therapy services in this state must be licensed
pursuant to article 163 of the educatlon law to practice marriage and
famiÌy therapy in this state. Each partner of a registered limited
partnership formed to provlde mental health counseling
liabitlty
services in this state must be ficensed pursuant to article 163 of the
education law to practice mental health counseling in thís state. Each
partner of a registered fimited liability partnership formed to provide
psychoanalysis services 1n this state must be licensed pursuant to article 163 of the education faw to practice psychoanal-ysis in this state'
partnership formed to
Each partner of a registered limited tiabiÌity
provide applied behavior analysls service in thls state must be licensed
òr certified pursuant to article 161 of the education faw to practice
applied behavlor analysis in this state.
s 6. subdivision (q) of section 121-1502 of the partnership Ìaw, as
amended by chapter 554 of the laws of 2013, is amended to read as
foflows:
partnership which
(q) Each partner of a foreign fj-mited tlability
pursuant to
ficensed
be
state
must
this
in
provides medical services
state taÐd
in
the
practice
medícine
to
law
the
education
article 131 of
Notwi-ths tandínq anv other provisions of this sectron ânw Þerson
tiee medilicen sed pursuant to article 1"31 of the education law to
Þerson licensed Pursuant to artícles 132. 13 '7. r40. rAL.
cine and
L43 L44 153 154 155 or 156 or subdivision 3 of section 6902 of artic1e 139 of the educatíon law ma¡/ form. ör cause to be fo rrned, a foreíqn
services with
limited liabíIitv
Partner ship to Þrov ide nultidisciplrnary
eaehl
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s.
1
2
3
4
5
6
1
8
9
10
11
72
13
74
15
r6
l1
18
L9
20
2I
22
23
24
25
26
21
28
29
30
31
32
33
34
35
36
3't
38
39
40
47
42
43
44
45
46
41
48
49
50
51
52
53
54
55
56
5862
8
one or more fícen sed lcrofessionals, subiect to the followí no conditions
(i) each partner of such foreign Iirnited liabilrtv
Þartnership must be
lieensed pursuant to tÍtle eiqht of the educatíon law to practice hís
or her profession in this sta te; (ii) each partner shal-l onl v Ðrâc. tice
tive orofessional
his or her profession as specified in hís or her
any
enabling statue under title eight of the education law; and (iíí)
integration of professional practices under this section shall
clinical
not a1ber, expand or curtail the scope of pr actíce of anv of the partor Índirectners,' provided further thatl (A) rro Þârtner shal1 , directl
r¡ractice
clínical
or
leqitimate
iudqment
Iv, interfere with the clinical
of another partner;
and (B) no parÈner shall order or direct anoÈher
partner to practice bevond the
of his or her license. Each partner
partnership which provides dental
of a foreign fimited liability
services in the state must be ficensed pursuant to article 133 of the
education law to practice dentistry in thj-s state. Each partner of a
foreign limited Iiability partnership which provides veterinary service
in the state shaÌf be l-icensed pursuant to articfe 135 of the education
law to practice veterinary medicine in this state. trach partner of a
foreign limlted liability partnership which provides professional engineering, tand surveying, architecturaf and/or landscape architectural
services in this state must be licensed pursuant to articÌe 145, article
L41 and/or articfe 148 of the education faw to practice one or more of
such professíons.
t
lt eensed pr*
Èiee lieeneed e*irÞieal sse*a& werk- *n èhís sÈa€e, Eaeh ^arèner ef a
fereig'¡n l*nrí€er* Iiabili€}' Farènerehip r¡hieh pæevidee e=eaèive arÈs-+#
.py serv+ees in È
I Each
tlre eduea€ien larr Èe f¡rae€iee ereaÈive
partnership which provides
partner of a foreign fimited liability
marriage and famify therapy services in this state must be licensed
pursuant to articfe 163 of the education Ìaw to practi-ce marriage and
family therapy in this state. Each partner of a foreign limited liabifity partnership which provides mental health counseling services in this
state must be ficensed pursuant to article 163 of the education law to
practice mental- heafth counseÌing in this state. Each partner of a
partnership which provides psychoanalysis
foreign l-imited llability
services in this state must be licensed pursuant to articfe 163 of the
education faw to practice psychoanatysis ln this state. Each partner of
a forelgn limited liabitity partnership which provides applied behavior
anal-ysis services ln this state must be licensed or certified pursuant
to article 167 of the education faw to practice applied behavior analysis ln this state.
S ?. Subdivlsion (a) of sectlon 1203 of the limited liabillty company
Ìaw, as amended by chapter 475 of the laws of 2074, is amended to read
as follows:
(a) Notwithstanding the education faw or any other provlsion of law,
one or more professionafs 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 professionaf service
within the state, ilâV form, or cause to be formed, a professionaf
service limited liabiJ-ity company for pecuniary profit under this article for the purpose of rendering the professional service or services as
such professionals are authorized to practice. With respect to a profescompany formed to provide medical
sional service flmited tiability
services as such services are deflned in article 131 of the education
nl*sÈ be
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J.
1
2
3
4
5
6
1
8
9
10
11
I2
13
I4
15
I6
L't
18
19
20
21-
22
23
24
25
26
21
28
29
30
31
32
33
of20
9
3aJOZ
J-aw, each member of such llmited liability company must be licensed
pursuant to articfe 131 of the education faw to practice medicine in
Notwithstandi-ng any other prowision of this section, ä[y
this state.
per son licensed pursuant to artÍcle 131 of the education law to practice
medicíne and anv r¡erson Iícensed oursuant to articles 132 L37 t40.
L54 155 or 156 or subdivísion 3 of section 6902 of
141 143 744 r_53
139 of the education law mav form, or causê to be formed, a
article
comÞanv to provide multidiscíp1iprofessíonal service Iirnited liabilítv
su-bject to the
nary serwices with one or more Iicensed professíonals,
tv comlf,anv
(i)
lia-bilí
eaeh mem.ber of such limited
conditions:
following
1aw
to praceducation
the
pursuant
eiqht,
of
to
title
must be lícensed
(ii)
onlv
shall
member
each
state;
ion
in
this
her
or
tice his
practice his or her professíon as speci.fied in his or her respective
professíonal enablino statue under title ei qht of the edueation law; and
(iii)
of professional practices under this
inteqration
anv clinical
section shall not alter, expand or curtaÍI the scope of eractíce of anv
(A) no member shall, directlv or
of the mem.bers,' Þrovíded further that
clínical
or leqítirnate
cliníca1
the
wíth
iudcrment
ínterfere
indírect1y,
practice
of anott¡er mem.ber; and {B) no member shal]- order or direct
Vlith
another member to practice bevond Èhe scoÞe of his or Ìrer license'
respect to a professionaf service fimited l-iabllity company formed to
provide dental services as such services are defined in articfe 133 of
the education law, each member of such fimited fiability company must be
Ìicensed 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 articfe 135 of the education ]aw, each member of such
limited tiabitity company must be ficensed pursuant to article 135 of
the education law to practice veterinary medicine ln this state. With
company formed to
respect to a professional service limited liability
provide professional engineering, fand surveying, architectural, landscape archltecturaÌ and/or geological servlces as such services are
defined in article 145, articte 147 and articfe 1-48 of the education
company must be licensed
law, each member of such Ìimited liability
34
148 of the education
article
74'7
and/or
3s pursuant to articfe 145, article
in this state ' With
professlons
such
more
of
or
law to practlce one
36
company formed to
liability
limited
professionaf
service
a
to
31
respect
sociaf work services as such services are
38 provide licensed clinicaÌ
39
defined in articl-e 154 of the education law, each member of such limited
liability company shalÌ be l-icensed pursuant to articfe 154 of the
40
4\ education faw to practice licensed cfinical social work in this state '
42
lfith respect to a professional service limited J-iability company formed
43
to provide creative arts therapy services as such services are defined
44
in articfe 163 of the education law, each member of such limited fiability company must be licensed pursuant to articfe 163 of the education
45
46
law to practice creative arts therapy in thls state. With respect to a
company formed to provide
professional- service limited liability
41
such services are deflned in
as
services
family
therapy
4B
marriage and
49
article 163 of the education law, each member of such limited liability
company must be Ìicensed pursuant to articfe 163 of the education law to
50
51 practice marrlage and family therapy in this state. Vlith respect to a
company formed to provide mental
52 professionaf service limlted liabifity
53
health counsefing services as such services are defined in arl,icle 163
of the education law, each member of such limited fiability company must
54
55 be licensed pursuant to article 163 of the education 1aw to practice
56 mentaf health counseling in this state. Vlith respect to a professional
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4
5
6
1
I
o
10
11
72
13
I4
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18
I9
20
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aa
24
25
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21
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5862
service fimited J-iability company formed to provlde psychoanalysis
services as such services are defined ln article 163 of the education
law, each member of such limited liabi-ì-ity company must be ficensed
pursuant to article 163 of the educatlon law to practice psychoanalysis
in this state. With respect to a professionaf service lrmited lì-ability
company formed to provide applied behavior analysis services as such
services are deflned in artícle 161 of the education law, each member of
company must be ficensed or certified pursuant to
such Iimited liability
artlcfe 16'7 of the education law to practice applied behavior analysis
state. In addition to engaging in such profession or
in thls
professions, a professionaf service l-imited liability company may engage
in any other business or activities as to which a Ìimlted liability
company may be formed under section two hundred one of this chapter.
Notwithstanding any other provision of this section, a professlonal
company (1) authorized to practice law may
service limlted liability
or (ii)
only engage in another profession or business or activities
other
or
activities
which is engaged in a profession or other business
not
the
extent
practice
J-aw,
to
of
in
the
law
may
only
engage
than
prohibited by any other faw of this state or any rule adopted by the
appropriate appellate divislon of the supreme court or the court of
appeals.
S 8. Subdivision (b) of section 7201 of the fimited liability company
law, as amended by chapter 4'15 of the laws of 2014, is amended to read
as f ol-l-ows:
(b) With respect to a professionaf service limited liabiÌity company
formed to provide medical services as such services are defined in articfe 131 of the education law, each member of such limited liabiJ-ity
company must be llcensed pursuant to article 131 of the education law to
practice medicine in this state Notwithstandinq anv other orovision of
this section, any persorr licensed pursuant to artíc1e 131 of the education law to practice medicine and anv person licensed pursuant to artic]-es 132 L37 ]-44 t4L 143 t44 153 154 l-55 or L56 or subdivisíon 3
of section 69Q2 of article 139 of the educatíon law mã1t form or causê
liabili tv comÞanw to
service limited
to be formed, a orofessional
provide multí disciolínarv
more licensed ¡¡rofesone
or
serwices with
(i)
rnember of such
conditions:
each
following
to
the
síonals, subiect
comÞanv must be licensed pursuant to títle eiqht of
1íab,iIíty
limited
the education law to oractice hís or her profession in this state ; (ii)
each meml¡er shall onl v practice his or her professíon as soecified in
his or her respective professional enablinq statute under title eíqhÈ or
of orofessional
integration
the education law; and (íii) anv clinical
or curtail the
expand
practices
noÈ
alter,
section
shal1
this
under
(A) no
scope of practíce of anv of the ¡nembers,' provided further that:
iudoeinterfere with the clinical
v o r indirectlv,
me¡nber shall, dr
pracÈice of anottrer member; and (B) no
clíni-cal
ment or leqÍtimate
member shall order or direct another mem.ber to practi ce bevond the scope
of his or her lícense. With re spect to a professional- service limlted
J-iabillty company formed to provide dentaf services as such services are
defined in articfe 133 of the education law, each member of such limited
liabj-lity company must be licensed pursuant to articfe 133 of the educa-
tion law to practice dentistry in this state. With respect to a professional service limited liability company formed to provide veterlnary
services as such services are defined in article 135 of the education
company must be licensed
law, each member of such fimited liability
pursuant to article 135 of the education law to practice veterinary
medicine ln this state. With respect to a professional service limited
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company formed to provlde professional engì-neering, l-and
Iiability
2
surveying, architecturaf, landscape architecturaÌ and,/or geological
services as such services are defined in article 145, articl-e I4'7 and
3
4
article 148 of the education law, each member of such limited liability
145, articfe I4'7 and/or
5
company must be l-icensed pursuant to articfe
article 148 of the education faw to practice one or more of such
6
professions in thls state. With respect to a professional servíce limit1
social work
company formed to provide ficensed cÌinical
8
ed liabifity
education
154
of
the
article
in
defined
are
servlces
9
services as such
licensed
be
shalf
company
liability
lj-mited
of
such
member
each
10
law,
pursuant to article 154 of the education faw to practice ficensed clin11
icaf social work in this state. With respect to a professional service
T2
company formed to provide creative arts therapy
13
fimited liability
74
services as such services are defined in articfe 163 of the education
15
law, each member of such fimited liabiJ-ity company must be licensed
creative arts
16 pursuant to article 163 of the education law to practice
11
therapy in this state. With respect to a professionaf service limited
liability company formed to provide marriage and family therapy services
1B
I9 as such services are defined in articfe 163 of the educatlon law, each
company must be licensed pursuant to
20 member of such Limited liability
practice
marríage and family therapy
to
law
education
of
the
2I artlcle 163
in this state. With respect to a professional service fimited liability
22
23
company formed to provide mentaf health counseling services as such
24
services are defined in article 163 of the education law, each member of
163
company must be licensed pursuant to articfe
25
such l-imited liability
state.
ì-n
this
counseling
heafth
mentaf
practice
26
of the education 1aw to
company formed
21 With respect to a professionaf service Ìimited liability
in artidefined
are
services
as
such
services
psychoanatysis
provide
28
to
cle 163 of the education law, each member of such limited liability
29
company must be ficensed pursuant to article 163 of the education faw to
30
pruàti". psychoanalysis in this state. With respect to a professionaf
31
service l-imited liability company formed to provide applied behavior
32
33
analysis services as such services are defined in article 167 of the
company must be
34
education law, each member of such Ìimited liabil-ity
ficensed or certified pursuant to articfe 761 of the education law to
35
36 practlce applied behavior analysis in this state.
company
37
S 9. Subdivision (a) of section 1301 of the timited lì-ability
j-s
to read
amended
20L4,
of
laws
of
the
4'1
5
J-aw, as amended by chapter
3B
as foll-ows:
39
(a) "Foreign professional service Ìimited lj-abifity company" means a
40
company, whether or not denomi4I professional servj-ce Iimited liability
other than
42
nated as such, organized under the faws of a jurisdlction
is
a profesany,
if
43 this state, (i) each of whose members and managers,
this
within
professional
service
a
sionaf authorized by law to render
44
profession
practice
of
such
in
the
engaged
has
been
state and who is or
45
in such professional service limited liabì-lity company or a predecessor
46
entity, or wilf engage in the practice of such profession ln the profes41
48
slonal service Ìimited liabitity company within thirty days of the date
49
such professional becomes a memberf or each of whose members and managauthor50 ersf if any, is a professionaf at least one of such members is
and who
state
within
this
service
professionala
ized by faw to render
51
such
in
profession
such
practice
of
the
ln
engaged
been
is or has
52
company or a predecessor entity'
53 professional service fimited liability
ãr will engage in the practice of such profession in the professional54
company within thirty days of the date such
service limited liability
55
(ii) authorized by, or holding a
56 professional becomes a member, or
1
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registration or permit issued by the licensing
Iicense, certificate,
the
education faw to render a professional
pursuant
to,
authority
service within this state; except that al-l members and managers, if any'
company that
of a foreign professional service l-imited liability
provides heafth services in this state shafl be licensed in this state.
With respect to a foreign professional service llmited liability company
which provides veterinary services as such services are defined in article 135 of the education law, each member of such foreign professional
service fimited liabiÌity company shall be Iicensed pursuant to article
135 of the education faw to practice veterinary medicine. !{ith respect
company which
service l-imited liability
to a foreign professionaÌ
in
articfe 131 of
defined
provides medical services as such services are
1_2
professionalservice
foreign
of
such
member
each
13
the education law,
131 of
company must be licensed pursuant to article
I4 limited liabitity
15
the education law to practice medicine in this state Notwiths tandinq
L6 anv other r¡rowision of this sectíon, anv Þerson licensed. Dursuant to
131 of the education law to practice medi cine and anv Þerson
I1 articl-e
pursuant
to articles 132, 13 '7 . 140 . rAL. L43 , L44 . 153 15 4.
licensed
18
3 of sectíon 6902 of article 139 of the educa156
or
subdivision
19
155 or
20
tion law may form, or cause to be formed, a foreíqn professiona]- servJ-ce
serwices wíth one
companv to provide multidìsciplÍnary
2I ]írnited lÍabÍlity
22
or more licensed professionals, subiect to the followinq conditíons; (Í)
23
each member of such línited l-j.alci]-ítv comÞanv musb be licensed pursuänt
24
to tit,J.e eight of the education law to practice his or her profession in
25
this state; (ri) each member shall onlw rcractíce hi-s or her rrrofessíon
in his or her respective professional enablíng statute
26 as specífied
ínÈeanv clinical
eight of the educatíon law,' and (iíi)
21 under títle
tices under this section shall not alter
f essi<¡nal
2B
tion of
the scope of Practice of anv of the members,' provided
expand or curtail
29
interfere
further that: {Al no mern}¡er shall- di rectlv or indirectl
30
practíce
of
another
cliníca1
leqít.imate
or
iudcrment
31
wíth the clinícal
pracmember
to
another
or
direct
(B)
order
shal-l
no
rneml>er
and
member,'
32
tice be]¡o nd the scope of his or hrer license. With respect to a foreign
33
company which provides dental
tiability
professional
service limited
34
35
services as such services are defined in artlcfe 133 of the education
law, each member of such foreign professional service fimited liability
36
31
company must be licensed pursuant to artlcle 133 of the education law to
practice
dentistry in this state. With respect to a foreign professionaf
3B
39
service limited Ìiability company which provides professional englneer40
i^g, land surveying, geotogic, architectural and/or landscape architec4I turaf services as such servlces are defined in article 145, artlcle L41
42
and artlcfe 148 of the education law, each member of such foreign
company must be licensed pursuant
43 professlonal service limlted liability
148 of the education faw to
article
I41
and/or
article
44
to articfe 145,
45 practice one or more of such professions in thls state. Idith respect to
46
a foreign professionaf serv-ice limited liab,ility company which provides
licensed clinical soclal work servíces as such services are defined in
41
article 154 of the education law, each member of such foreiqn profes48
sional service fimited llability company shafl be licensed pursuant to
49
article 154 of the education faw to practice clinicaf social work in
50
11
51
52
53
54
55
56
thís 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 professlonal service timited J-iability company must be
Iicensed pursuant to article 163 of the education faw to practice creative arts therapy in this state. Vlith respect to a foreign professional
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5862
company which provides marrlage and family
serv.ice limited liability
therapy services as such services are defined in article 163 of the
3
education J-aw, each member of such foreign professional service limited
J-iability company must be Ìlcensed pursuant to article 163 of the educa4
5
tion law to practice marriage and famify therapy in this state. With
company
6
respect to a foreign professional service limited liability
whlch provides mentaf health counsefing servlces as such services are
I defj-ned in article 163 of the education law, each member of such foreign
professi-onal service fimited tiabifity company must be Ìlcensed pursuant
9
10 to article 163 of the educatj-on law to practice mentaf health counseling
in this state. Vlith respect to a foreign professional service limited
11
company which provides psychoanalysls services as such
l-iability
72
13
services are defined in article 163 of the education law, each member of
company must be
such foreign professional service limited liability
L4
law to practice
educatlon
the
163
of
pursuant
to
article
15
licensed
16 psychoanalysis in this state. With respect to a foreign professional
company which provides applied behavior anal-yI1 service fimited liability
18
sis services as such services are defined in articfe 161 of the educa19 tion law, each member of such foreign professional service limited
company must be ficensed or certified pursuant to article 167
liability
20
2I of the education law to practice applied behavior analysis in this
1
2
'7
aa
23
24
25
26
21
zó
29
30
31
32
33
34
3s
36
31
3B
39
40
4I
42
43
44
45
46
4'7
48
49
50
51
52
53
54
55
state
,
S l-0. paragraph (a) of section 1503 of the buslness corporation .law/
as amended by chapter 475 of the laws of 2074, is amended to read as
foflows:
(a) Notwithstanding any other provision of law, (i) one or more individuafs duly authorized by J-aw to render the same professional service
within the state may organize, or cause to be organized, a professional
service corporation for pecuniary profit under this article for the
purpose of rendering the same professional service, except that one or
more individuals duly authorized by law to practlce professional- engineering, architecture, landscape architecture, land surveying or geology
within the state may organize, or cause to be organized, a professional
service corporation or a design professional service corporation for
pecuniary profit under this article for the purpose of rendering such
professionaf services as such individuals are authorized to practice¿
and {ii) one or more indivíduals Iícensed to practíce pursuant to artiL32,
c1e 131 and one or more indÍviduals licensed pursuant to articles
3 of
subdivision
or
156
or
155
153
t54
143
L44
t4t
L37
140
mâv
faw
oioh
educatìon
of
the
t
title
139
of
article
of
6902
section
orgå'rrl-ze,
or cause to be organ ized, for business purposês onlv, a
I¡rofessional service corporation fo rmed for pecuniarv profit under th:-s
for the purpose of rendering multídiscipl ínary serviees withj-n
article
índisuch a corporation as such indi viduals are auttrorized to practice
followínq
to
the
su-biect
ons,
respective
wídua11y in his or her
Professr
conditions: (A) individual who org'ani zes, or causes to org'ani- ze, such
corporati-on must be licensed pursuant to title eiqht of the education
(B) each member
law to practice his or her profession ín this state;
professj-on
practice
as specified in his or her
his or her
shall onlv
tit,le eight of the educaprofessional
statute
under
enablíng
respecÈiwe
practices
professional
(C)
of
inteqration
anv
clinical
tion law; and
of Dracunder this section shall not alter. exr:and or curtail the s
of the members; (D) no individual shall , d,i-rect 1w or índitice of
iudqment or leqit.ímate clinícal
rectlv, interfere with bhe clinieal
practíce of another individual ,' and (E) no individual shall order or
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dírect another indj-viduaf to practice beyond the
scôpê
of
hís
or
her
license
S 11. Subdivision (q) of section 121-1500 of the partnership law'
by chapter 4'75 of the laws of 2014, is amended to read
amended
as
as
foffows:
I
(q) Each partner of a registered l-imlted liability partnership formed
to provide medicaf services in this state must be licensed pursuant to
article 131 of the education law to practice medicine in this state [a+d
9
eâehl
6
1
10
11
I2
13
T4
15
16
I1
18
I9
20
2I
22
23
24
25
zo
21
28
29
30
31
32
33
34
35
36
31
20
39
40
4T
42
43
44
45
46
41
48
49
50
51
52
53
54
55
56
Iicensed pursuant to article 131' o f the education l-aw to practice medilícensed pursuant to articles 132 13 7 . 1-40. 141,
cíne and anv
]-44 153 154 155 or 156 subdivision 3 of secbion 6902 of article
143
139 <>f the educatíon law may forru, or cause to be formed, a reqistered
services with
partnership to provi de multidisciplinary
Ir¡nited lrabititv
one or morê lícensed professíona1s, subject to the following condítions
(i) each partner of such 1 imíted liabilitv
r¡artnershir¡ must Lre lícensed
pursuant to title
eiqht of the education law to practice his or her
professíon ín this statet (ii) each partner shall only pracLice hís or
her profession as specified in his or her respective professíonal enableiqht of the education law; and (iir) anv clinancf statute under title
ical íntegratíon of the professional practices under this section shall
expand or curtail Èhe scope of practj-ce of any of the partnot aIter,
nersi prov ided further that: (A) no partner shall-, directly or índirect*
IY, interfere with the clinical
iudqnent or leqj.timate clinical practice
another
(B)
partner
partner
sha]-l- order or direct
no
and
of another
Each partpartner to pract.íce bewond the scoÞe of his or her lÍcense,
partnership formed to prov ide
ner of a registered limited liability
dentaÌ services in this state must be licensed pursuant to articÌe 133
of the education law to practice dentistry in this state. Each partner
of a regì-stered l-lmited llability partnership formed to provide veterlnary 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 Iiabitity partnership formed to provide
professional engineering, land surveying, geological services, architecturaf and/or landscape architectural services in this state must be
licensed pursuant to articfe 145, article I41 and/or article 148 of the
education faw to practice one or more of such professions in this state'
tP'aeh Pa=èner ef
p-.ervide lieensed el{níeal seeia} werle serviees in èhís sÈaÈe iausÈ be
'
+a-
i
l Each partner of a registered fimlted
partnership formed to provide creative arts therapy services
liability
in this state must be llcensed pursuant to article 163 of the education
law to practice creative arts therapy 1n this state. Each partner of a
registered l-imited liability partnership formed to provide marriage and
family therapy services in this state must be licensed pursuant to artlcle 163 of the education law to practice marriage and family therapy in
partnership
this state. Each partner of a registered limited liability
state must
in
this
services
counseling
heafth
provide
mental
formed to
be fj-censed pursuant to articfe 163 of the education law to practice
mentaÌ health counsefing in this state. Each partner of a registered
limited J-iabitity partnershíp formed to provide psychoanalysis services
in this state must be licensed pursuant to article 163 of the education
law to practice psychoanal-ysis in this state. Each partner of a registered limited liability partnership formed to provide applied behavior
analysis service ln this state must be licensed or certified pursuant to
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articfe 161 of the education faw to practice applied behavior analysls
in thls state.
s 12. subdivision (q) of section 121-1502 of the partnership 1aw, as
amended by chapter 415 of the laws of 2014, is amended to read as
5
fol-lows
1
2
3
6
1
8
9
10
11
I2
13
I4
15
T6
I1
1B
I9
20
2I
22
23
24
25
26
21
28
29
30
31
32
33
34
35
36
31
38
39
40
4T
42
43
44
45
46
41
48
49
s0
51
52
53
54
55
¡
(q) Each partner of a foreign Iimited liability partnershlp which
provides medicaf services in this state must be Ìicensed pursuant to
articÌe 131 of the education law to practice medicine in the state taÈd
naw other orovision of this sectí on. anv Dêrson
eê€hl. Notwíths
licensed pursuant to artícle l-31 of the education 1aw to practice medi]-41.
cíne and any Þerson Lícensed Þursuant Èo artícles r32. 737 , 140
of
arti6902
of
section
744 153 L54 155 or 156 or subdivision 3
143
cle l-39 of the education law maw form, or cause to be formed a foreiqn
partnership to provide multidisciplinary
services with
1i¡oited liabilitr¡
one or more licensed professionals, srrbi ect to the followinq conditions
must be
(i) each partner of such foreíqn limÍted liåbífi tv r¡artner
lícensed pursuant to title eiqht of the education law to practíce his or
her profession in thìs state; (ii) each partner shall only practice hís
or her profession as specified in his or her respectrve professional
ena-bIínq statute under t,itle eiqht of the education Iaw,'and I]-.I ) anv
cl-inj.c'al i-ntegr atíon of professional practices under this section shall
expand or curtail the scope of practice of any of the partnot alter,
ners; provid.ed further that: (A) no partner shall, directly or indirectly, interfere wíth t.he clínical judgrment or Ieqítirnate clinical practice
another
tner,' and (B) no partner shal]- order or direct
of another
partner to practj-ce beyond the scope of his or her Iícense. Each partner
partnership which provides dental
of a foreign limited liability
services in the state must be ficensed pursuant to article 133 of the
education law to practice dentistry in this state. Each partner of a
foreign fimited liability partnership which provides veterinary service
in the state shaÌl be licensed pursuant to articfe 135 of the education
law to practice veterinary medicine in this state. Each partner of a
foreign fimited liability partnership which provides professional engineering, land surveying, geological services, architectural and/or Iandscape architectural services in this state must b,e ficensed pursuant to
articfe I45, article I4'l, and/or articfe 148 of the educatlon law to
ig*
practice one or more of such professions. t
1+$l Èed
.....
1+ab+1
werk se=viees år¡ ÈÏrís s€aÈe mi*sÈ H+eensed ÌrtrrsuaÊÈ +e arÈiele 1il e€
Èhe eelueaÈien law Êe '.lgaeË+ee ++eenê
partnership which
ç.ea€e-l Each partner of a foreign limited liability
state
must be licensed
in
this
provides creative arts therapy services
practice
creative arts
to
faw
education
pursuant to article 163 of the
partliabillty
Ìimited
foreign
partner
of
a
Each
state.
therapy in this
nership which provides marriage and family therapy services in this
state must be ficensed pursuant to article 163 of the education law to
practice marrì,age and family therapy in this state. trach partner of a
foreign fimited Ìiability partnership which provides mental health counseling services ín this state must be ficensed pursuant to article 163
of the education law to practlce mental heafth counseling in this state.
Each partner of a foreign Ìimited liability partnership which provides
psychoanalysis services in this state must be ficensed pursuant to article 163 of the education faw to practice psychoanatysis in thls state'
Each partner of a foreign llmited Iiability partnership which provides
applied l¡ehavior analysis services in this state must be licensed or
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5862
certified pursuant to article 16'7 of the education law to practice
2
applied behavior analysls in this state '
3
S 13. Section 6509-a of the education law, as amended by chapter 555
4
of the laws of \993, is amended to read as follows:
5
S 6509-a. AdditionaÌ definition of professional misconduct,' limited
application. Notwithstanding any inconsistent provision of this articfe
6
1
or of any other provision of law to the contrary, the license or regísI tration of a person subject to the provisions of articles one hundred
one
one hundred thirty-six,
9
thirty-two, one hundred thirty-three,
one hundred forty-one,
10 hundred thirty-seven, one hundred thirty-nine,
11
one hundred forty-three, one hundred forty-four, one hundred fifty-six,
I2 one hundred fifty-nine and one hundred sixty-four of this chapter may be
13
revoked, suspended or annulfed or such person may be subject to any
I4 other penalty provided in section sixty-flve hundred efeven of thls
articfe in accordance with the provisions and procedure of this article
15
for the following:
16
That any person subject to the above enumerated articles, has directly
T1
18
or indlrectly requested, recej-ved or participated in the division,
or refundlng of a fee 1or,
19 transference, assignment, rebate, splittinq
profited
by means of a credit or
or
received
requested,
directly
20
or has
2T
other vafuable consideration as a commlssion, discount or gratuity in
22
connectlon with the furn-ishing of professional care/ or servlce, including x-ray examination and treatment, or for or in connection with the
23
24
sale, rental, supplying or furnishing of clinicaf faboratory services or
25
suppliesf x-ray laboratory services or supplies, lnhalation therapy
z6 service or equipment, ambulance service, hospltal or medical supplies'
zt physiotherapy or other therapeutic service or equipment, artificiaÌ
timbs, teeth or eyes/ orthopedic or surgical appliances or supplies'
28
1
29
30
31
32
33
34
35
36
31
38
39
40
41^a
43
44
45
46
4'l
48
49
50
51
53
54
55
56
optical
appfiancesf supplj-es or equì-pment, devices for aid
of
hearing,
drugs, medication or medical supplies or any other goods, services or
supplies prescribed for medicaÌ diagnosisf 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 exami-nation, diagnosis or treatment. Nothing contained in this section shal-Ì prohibit
such persons from practicing as partners, in groups or as a professional
corporation or as a universlty faculty practice corporation nor from
pooling fees and moneys received, either by the partnerships, professional corporations, university faculty practice corporations or groups
by the individuaf members thereof, for professional services furnished
by any indlviduat professional member, or empÌoyee of such partnership,
corporation or group, nor shall the professlonals constituting the partnerships/ corporations or groups be prohiblted 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 agreement; provided that no such practice as partners, corporations or in
groups or pooling of fees or moneys received or shared, division or
apportionment o f fees shalf be permitted with respect to care and treatment under the workersr compensation law except as expressly authorized
by the workers' compensation law Nothinq contaíned in thís se¡ctíon
shall prohibit a multidisci nlinarlr services practice formed Þursuant to
subdivision (a) of section Èwelve hundred three of the limiLed liabílitv
twelve hundred seven of the
com¡canv law, su-l¡divísion (b) of section
(a) of section thirteen
comÞanv law, subdivisíon
Ií¡nited liabí1 itv
{a) of
1aw,
comÞanv
líabi litv
hundred one of the límited
law,
subdiwicorporation
the
busíness
of
three
section fifteen hundred
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1
2
3
4
5
6
1
I
o
10
11
72
13
L4
15
L6
ft
1B
19
20
27
22
23
24
25
26
zt
28
29
5862
of20
I1
(q)
sion (q) of section 1"21"-1500 of the Þartnership 1aw, or subdívision
poo
0r
monLes
l-inq
fees
law
from
of section ]-2L-!502 of the Þartnership
received. Nothing contained in this chapter shal,l prohibit a medical or
dental expense indemnity corporation pursuant to its contract with the
a medicaÌ or dentaf expense indemnity
subscriber from prorationing
al-l-owance 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 shaff submit
both to the medicaf or dental expense indemnlty corporation and to the
the services rendered by each such
subscriber statements itemizing
professional and the charges therefor.
S 14. Subdivislon 19 of section 6530 of the education law, as added by
chapter 606 of the faws of I99I, is amended to read as fol-Ìows:
19. Permitting any person to share in the fees for professional
other than: a partner, employee, associate in a professional
services,
firm or corporation, professlonal subcontractor or consultant authorized
to practice medicine, terl a legally authorized trainee practicing under
licensed
the supervisj-on of a licensee, or an authorized professional
pursuant to article ono hundred thirtv-one, one Ïrundred thírtv-two, one
one
one hundred f
-one
one Ïrundred fortw.
hundred thirtv-seven,
trundred
fiftY-three,
one
forty-four,
hundred
one
fortythree,
hundred
or
one hundred fiftv-six
one hundred fiftv-frve,
one hundred fiftv-four,
or subdiwision three of section sixtv nine
one trundred fiftv-níne
hundred two of article one hundred thi rtw-nine of this chapter t3rôv rdi ncf
This prohibition shal-Ì
professional
services in the same oract,ice
amount recelved in
whereby
the
incfude any arrangement or agreement
equipment or personnel
payment for furnishing space, facilities,
services used by a licensee constitutes a percentage of, or is otherwise
dependent upon, the income or receipts of the flcensee from such prac-
tíce, except as otherwise provided by law with respect to a facility
ficensed pursuant to articfe twenty-eight of the pubJ-ic health Ìaw or
article thirteen of the mental hygiene law;
33
S 15. Sectlon 6531 of the education law, as amended by chapter 555 of
the laws of 1993, is amended to read as folfows:
34
35
S 6531. Additional definition of professional misconduct, Iimited
Notwithstanding any ì-nconsistent provision of this article
36 application.
or any other provisions of law to the contrary, the ficense or registra31
tion of a person subject to the provlsions of this article and article
38
39 one hundred thirty-one-B of this chapter may be revoked, suspended t oT
40
annufled or such person may be subject to any other penalty provided in
4I section two hundred thirty-a of the pubÌic health law in accordance with
42
the provlslons and procedures of this articfe for the following:
That any person subject to the above-enumerated artic.Les has directly
43
44
or indirectly requested, received or participated in the division,
transference, assignment, rebate, splitting, or refunding of a fee for,
45
46 or has directly requested, received or profited by means of a credit or
41
other vafuable consideration as a commission, discount or gratulty, in
48
connectlon with the furnishing of professional care or service, including x-ray examination and treatment, or for or in connection with the
49
50
sale, rental, supplying, or furnishing of clinical laboratory .services
or supplies, x-ray faboratory services or supplies, inhalatlon therapy
51
52
service or equipment, ambulance service, hospital or medical supplies,
53 physlotherapy or other therapeutic service or equipment, artificial
limbs, teeth or eyesr orthopedlc or surgical appliances or supplies,
54
55
optical appliances, supplies, or equipment, devices for aid of hearing,
56 drugs, medication, or medical supplies, or any other goods, services, or
30
31
32
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1B
supplies prescribed for medicaf diagnosisf caref or treatment under this
2
chapter, except payment, not to exceed thirty-three and one-third
percent of any fee received for x-ray examination, diaqnos-is, or treat3
ment, to any hospital furnishing facltities for such examination, diag4
5
nosis, or treatment. Nothing contained in this section shaff prohibit
6
such persons from practicing as partnersf in groups or as a professional
corporation or as a unlversity faculty practice corporation, nor from
I pooling fees and moneys received, either by the partnerships, profes9
sionaf corporations, or university faculty practice corporations or
groups
10
by the individual members thereof, for professional services
11
furnished by an individual professional member, or employee of such
partnership, corporation, or group, nor shafl- the professionals consti12
13 tuting the partnershipsf corporations or groups be prohibited from shar1.g, dividing, or apportioning the fees and moneys received by them or
74
15
by the partnership, corporation, or group in accordance with a partner16
ship or other agreement; provided that no such practlce as partners,
I1 corporations, or groups, or pooling of fees or moneys received or
18
shared, division or apportionment of fees shall be permitted with
19 respect to and treatment under the workers' compensation l-aw, Ngthirlg
1
'7
20
2I
))
23
24
25
26
21
ZÖ
29
30
31
32
33
34
35
36
3'l
38
39
40
4)-
42
43
44
45
46
41
48
49
50
51
52
53
54
55
56
conÈained in this sectíon shall prohibit a multidis ciplina rv servtces
Þractíce formed Þursuant to subdivision (a) of section twelve hundred
companv law, subdivision (b ) of section
three of the limiÈed IiabilitY
companv law, subdivísìon
twelve hundred seven of the tiníted liabilitv
hundred one of the limited liabili
of section thirteen
hundred three of the business
a ) of section fifteen
law. paraqr
(c)
121-1500 of the ì3ar tner shic
of
section
eorporation 1aw su-bdivision
(q)
of
the partner ship law from
121-1502
section
of
Iaw. or subdi vision
poofing fees ot monies receíved. Nothin g contained in this chaPter shall
prohibit a corporation Iicensed pursuant to art icfe forty-three of the
insurance law pursuant to its contract with the s ubscribed from prorationing a medicaf or dentaf expenses indemnity aflowance among two or
more professionafs 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 corporation
licensed pursuant to article forty-three of the insurance law and to the
subscriber statements itemizing the services rendered by each such
professional and the charges therefor.
S 16. Subdivision 1 of section 2801 of the public health law, as separately amended by chapters 29'7 and 416 of the Ìaws of 1983, is amended
to read as folfows:
1. "Hospital" means a facifity or institutlon engaged principally in
providing services by or under the supervision of a physician or, in the
case of a dentaf cfinic or dental dispensary, of a dentist, for the
prevention, diagnosis or treatment of human disease, pain, injury,
deformity or physical condition, incÌuding, but not fimited to, a generaJ- hospital, public heafth centerf diagnostic center, treatment center,
dental dispensary, rehabil-itation center other than a
dental clinic,
facility used solely for vocational rehabiÌitation, nursing home, tubercul-osis hospital, chronic disease hospitaÌ, maternity hospital, lyingin-asy1um, out-patient department, out-patient lodge, dispensary and a
laboratory or centraf service facility serving one or more such institutions, but the term hospitat shall not incfude an institution, sanitarium or other facility engaged principatly in providing services for
the preventionf diagnosls or treatment of mental dlsability and which is
subject to the powers of visitatlon, examination, inspection and investigation of the department of mental hyglene except for those distlnct
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L9
parts of such a facility which provide hospital service. The provisions
engaged
2
of this article shall- not apply to a faciJ-ity or institution
of the
supervision
the
or
under
by
providing
services
principally
in
3
4
bona fide members and adherents of a recognized reJ-igious organization
5
whose teachings include refiance on spiritual- means through prayer alone
for heaÌing in the practice of the retigion of such organization and
6
1
where services are provided in accordance with those teachings or to a
I multidíscipJ. inarv services prac tice fo¡ned pursuant to sul¡division (a)
1
9
10
11
I2
13
I4
15
I6
I1
18
19
cornrcanv 1aw,
of section twelve hundred three of the límited líabÍlitv
su.bdivision (b) of section twel ve hund¡ed seven of the li¡nited tia-bility
hundred onê of the
comoanv Law, sul¡division laì of sectÍon thirteen
(a) of section fifteen hundred
cornrranY law,
lialcíIitv
linited
three of the business corporatsion Iaw subdívisíon (c¡) of section
121-1500 of ttre rrarÈnership 1aw, or subdivision (c¡) of section t27-1502
of t\e partnersþip l?w.
shalf
it
day after
S 17. This act shaff take effect on the thirtieth
have become a law; provided, however that sections seven, eight, nine,
ten, efeven and twel-ve of this act shafÌ take effect on the same date
and in the same manner as chapter 4'75 of the faws of 2014, takes effect.
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